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90_HB1707enr
305 ILCS 5/4-8 from Ch. 23, par. 4-8
Amends the Illinois Public Aid Code. Provides that, in
determining whether a child in an assistance unit is not
receiving proper and necessary support or care, the
Department of Public Aid, or the Department of Human Services
as successor agency to the Department of Public Aid for the
purpose of administering the AFDC program, shall consider
irregular school attendance by children of school age grades
1 through 8 (rather than elementary school age grades 1
through 6) as evidence of lack of proper and necessary
support or care and shall provide services to those families
as resources permit. Effective immediately.
LRB9902989SMpk
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1 AN ACT regarding public welfare.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Administrative Procedure Act is
5 amended by changing Section 10-65 as follows:
6 (5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
7 Sec. 10-65. Licenses.
8 (a) When any licensing is required by law to be preceded
9 by notice and an opportunity for a hearing, the provisions of
10 this Act concerning contested cases shall apply.
11 (b) When a licensee has made timely and sufficient
12 application for the renewal of a license or a new license
13 with reference to any activity of a continuing nature, the
14 existing license shall continue in full force and effect
15 until the final agency decision on the application has been
16 made unless a later date is fixed by order of a reviewing
17 court.
18 (c) An application for the renewal of a license or a new
19 license shall include the applicant's social security number.
20 Each agency shall require the licensee to certify on the
21 renewal application form, under penalty of perjury, that he
22 or she is not more than 30 days delinquent in complying with
23 a child support order. Every renewal application shall state
24 that failure to so certify shall may result in disciplinary
25 action a denial of the renewal, and that making a false
26 statement may subject the licensee to contempt of court. The
27 agency shall notify each applicant or licensee who
28 acknowledges a delinquency or who, contrary to his or her
29 certification, is found to be delinquent or who after
30 receiving notice, fails to comply with a subpoena or warrant
31 relating to a paternity or a child support proceeding, that
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1 the agency intends to take disciplinary action. Accordingly,
2 the agency shall provide written notice of the facts or
3 conduct upon which the agency will rely to support its
4 proposed action and the applicant or licensee shall be given
5 an opportunity for a hearing in accordance with the
6 provisions of the Act concerning contested cases. Any
7 delinquency in complying with a child support order can be
8 remedied by arranging for payment of past due and current
9 support. Any failure to comply with a subpoena or warrant
10 relating to a paternity or child support proceeding can be
11 remedied by complying with the subpoena or warrant. Upon a
12 final finding of delinquency or failure to comply with a
13 subpoena or warrant, the agency shall suspend, revoke, or
14 refuse to issue or renew the license. In cases in which the
15 Department of Public Aid has previously determined that an
16 applicant or a licensee or a potential licensee is more than
17 30 days delinquent in the payment of child support and has
18 subsequently certified the delinquency to the licensing
19 agency, the licensing agency shall may refuse to issue or
20 renew or shall may revoke or suspend that person's license or
21 may take other disciplinary action against that person based
22 solely upon the certification of delinquency made by the
23 Department of Public Aid. Further process, hearings, or
24 redetermination of the delinquency by the licensing agency
25 shall not be required. In cases regarding the renewal of a
26 license, The licensing agency may issue or shall not renew a
27 any license if the Department of Public Aid has certified the
28 licensee to be more than 30 days delinquent in the payment of
29 child support unless the licensee has arranged for payment of
30 past and current child support obligations in a manner
31 satisfactory to the Department of Public Aid. The licensing
32 agency may impose conditions, restrictions, or disciplinary
33 action upon that license renewal.
34 (d) Except as provided in subsection (c), no agency
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1 shall revoke, suspend, annul, withdraw, amend materially, or
2 refuse to renew any valid license without first giving
3 written notice to the licensee of the facts or conduct upon
4 which the agency will rely to support its proposed action and
5 an opportunity for a hearing in accordance with the
6 provisions of this Act concerning contested cases. At the
7 hearing, the licensee shall have the right to show compliance
8 with all lawful requirements for the retention, continuation,
9 or renewal of the license. If, however, the agency finds
10 that the public interest, safety, or welfare imperatively
11 requires emergency action, and if the agency incorporates a
12 finding to that effect in its order, summary suspension of a
13 license may be ordered pending proceedings for revocation or
14 other action. Those proceedings shall be promptly instituted
15 and determined.
16 (e) Any application for renewal of a license that
17 contains required and relevant information, data, material,
18 or circumstances that were not contained in an application
19 for the existing license shall be subject to the provisions
20 of subsection (a).
21 (Source: P.A. 89-6, eff. 3-6-95.)
22 Section 10. The Intergovernmental Cooperation Act is
23 amended by changing Section 3 as follows:
24 (5 ILCS 220/3) (from Ch. 127, par. 743)
25 Sec. 3. Intergovernmental agreements. Any power or
26 powers, privileges or authority exercised or which may be
27 exercised by a public agency of this State may be exercised
28 and enjoyed jointly with any other public agency of this
29 State and jointly with any public agency of any other state
30 or of the United States to the extent that laws of such other
31 state or of the United States do not prohibit joint exercise
32 or enjoyment. This includes, but is not limited to, (i)
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1 arrangements between the Illinois Student Assistance
2 Commission and agencies in other states which issue
3 professional licenses and (ii) agreements between the
4 Illinois Department of Public Aid and public agencies for the
5 establishment and enforcement of child support orders and for
6 the exchange of information that may be necessary for the
7 enforcement of those child support orders.
8 (Source: P.A. 89-6, eff. 3-6-95.)
9 Section 15. The Civil Administrative Code of Illinois is
10 amended by adding Section 43a.14 as follows:
11 (20 ILCS 1005/43a.14 new)
12 Sec. 43a.14. Exchange of information for child support
13 enforcement.
14 (a) To exchange with the Illinois Department of Public
15 Aid information that may be necessary for the enforcement of
16 child support orders entered pursuant to the Illinois Public
17 Aid Code, the Illinois Marriage and Dissolution of Marriage
18 Act, the Non-Support of Spouse and Children Act, the Revised
19 Uniform Reciprocal Enforcement of Support Act, the Uniform
20 Interstate Family Support Act, or the Illinois Parentage Act
21 of 1984.
22 (b) Notwithstanding any provisions in this Code to the
23 contrary, the Department of Employment Security shall not be
24 liable to any person for any disclosure of information to the
25 Illinois Department of Public Aid under subsection (a) or for
26 any other action taken in good faith to comply with the
27 requirements of subsection (a).
28 Section 20. The Civil Administrative Code of Illinois is
29 amended by changing Section 60 as follows:
30 (20 ILCS 2105/60) (from Ch. 127, par. 60)
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1 Sec. 60. Powers and duties. The Department of
2 Professional Regulation shall have, subject to the provisions
3 of this Act, the following powers and duties:
4 1. To authorize examinations in English to ascertain the
5 qualifications and fitness of applicants to exercise the
6 profession, trade, or occupation for which the examination is
7 held.
8 2. To prescribe rules and regulations for a fair and
9 wholly impartial method of examination of candidates to
10 exercise the respective professions, trades, or occupations.
11 3. To pass upon the qualifications of applicants for
12 licenses, certificates, and authorities, whether by
13 examination, by reciprocity, or by endorsement.
14 4. To prescribe rules and regulations defining, for the
15 respective professions, trades, and occupations, what shall
16 constitute a school, college, or university, or department of
17 a university, or other institutions, reputable and in good
18 standing and to determine the reputability and good standing
19 of a school, college, or university, or department of a
20 university, or other institution, reputable and in good
21 standing by reference to a compliance with such rules and
22 regulations: provided, that no school, college, or
23 university, or department of a university or other
24 institution that refuses admittance to applicants solely on
25 account of race, color, creed, sex, or national origin shall
26 be considered reputable and in good standing.
27 5. To conduct hearings on proceedings to revoke,
28 suspend, refuse to renew, place on probationary status, or
29 take other disciplinary action as may be authorized in any
30 licensing Act administered by the Department with regard to
31 licenses, certificates, or authorities of persons exercising
32 the respective professions, trades, or occupations, and to
33 revoke, suspend, refuse to renew, place on probationary
34 status, or take other disciplinary action as may be
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1 authorized in any licensing Act administered by the
2 Department with regard to such licenses, certificates, or
3 authorities. The Department shall issue a monthly
4 disciplinary report. The Department shall deny any license
5 or renewal authorized by this Act to any person who has
6 defaulted on an educational loan or scholarship provided by
7 or guaranteed by the Illinois Student Assistance Commission
8 or any governmental agency of this State; however, the
9 Department may issue a license or renewal if the
10 aforementioned persons have established a satisfactory
11 repayment record as determined by the Illinois Student
12 Assistance Commission or other appropriate governmental
13 agency of this State. Additionally, beginning June 1, 1996,
14 any license issued by the Department may be suspended or
15 revoked if the Department, after the opportunity for a
16 hearing under the appropriate licensing Act, finds that the
17 licensee has failed to make satisfactory repayment to the
18 Illinois Student Assistance Commission for a delinquent or
19 defaulted loan. For the purposes of this Section,
20 "satisfactory repayment record" shall be defined by rule. The
21 Department shall refuse to issue or renew a license to, or
22 shall suspend or revoke a license of, any person who, after
23 receiving notice, fails to comply with a subpoena or warrant
24 relating to a paternity or child support proceeding.
25 However, the Department may issue a license or renewal upon
26 compliance with the subpoena or warrant.
27 The Department, without further process or hearings,
28 shall revoke, suspend, or deny any license or renewal
29 authorized by this Act to a person who is certified by the
30 Illinois Department of Public Aid as being more than 30 days
31 delinquent in complying with a child support order; the
32 Department may, however, issue a license or renewal if the
33 person has established a satisfactory repayment record as
34 determined by the Illinois Department of Public Aid. The
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1 Department may implement this paragraph as added by Public
2 Act 89-6 through the use of emergency rules in accordance
3 with Section 5-45 of the Illinois Administrative Procedure
4 Act. For purposes of the Illinois Administrative Procedure
5 Act, the adoption of rules to implement this paragraph shall
6 be considered an emergency and necessary for the public
7 interest, safety, and welfare.
8 6. To transfer jurisdiction of any realty under the
9 control of the Department to any other Department of the
10 State Government, or to acquire or accept Federal lands, when
11 such transfer, acquisition or acceptance is advantageous to
12 the State and is approved in writing by the Governor.
13 7. To formulate rules and regulations as may be
14 necessary for the enforcement of any act administered by the
15 Department.
16 8. To exchange with the Illinois Department of Public
17 Aid information that may be necessary for the enforcement of
18 child support orders entered pursuant to the Illinois Public
19 Aid Code, the Illinois Marriage and Dissolution of Marriage
20 Act, the Non-Support of Spouse and Children Act, the Revised
21 Uniform Reciprocal Enforcement of Support Act, the Uniform
22 Interstate Family Support Act, or the Illinois Parentage Act
23 of 1984. Notwithstanding any provisions in this Code to the
24 contrary, the Department of Professional Regulation shall not
25 be liable under any federal or State law to any person for
26 any disclosure of information to the Illinois Department of
27 Public Aid under this paragraph 8 or for any other action
28 taken in good faith to comply with the requirements of this
29 paragraph 8.
30 9. 8. To perform such other duties as may be prescribed
31 by law.
32 The Department may, when a fee is payable to the
33 Department for a wall certificate of registration provided by
34 the Department of Central Management Services, require that
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1 portion of the payment for printing and distribution costs be
2 made directly or through the Department, to the Department of
3 Central Management Services for deposit in the Paper and
4 Printing Revolving Fund, the remainder shall be deposited in
5 the General Revenue Fund.
6 For the purpose of securing and preparing evidence, and
7 for the purchase of controlled substances, professional
8 services, and equipment necessary for enforcement activities,
9 recoupment of investigative costs and other activities
10 directed at suppressing the misuse and abuse of controlled
11 substances, including those activities set forth in Sections
12 504 and 508 of the Illinois Controlled Substances Act, the
13 Director and agents appointed and authorized by the Director
14 may expend such sums from the Professional Regulation
15 Evidence Fund as the Director deems necessary from the
16 amounts appropriated for that purpose and such sums may be
17 advanced to the agent when the Director deems such procedure
18 to be in the public interest. Sums for the purchase of
19 controlled substances, professional services, and equipment
20 necessary for enforcement activities and other activities as
21 set forth in this Section shall be advanced to the agent who
22 is to make such purchase from the Professional Regulation
23 Evidence Fund on vouchers signed by the Director. The
24 Director and such agents are authorized to maintain one or
25 more commercial checking accounts with any State banking
26 corporation or corporations organized under or subject to the
27 Illinois Banking Act for the deposit and withdrawal of moneys
28 to be used for the purposes set forth in this Section;
29 provided, that no check may be written nor any withdrawal
30 made from any such account except upon the written signatures
31 of 2 persons designated by the Director to write such checks
32 and make such withdrawals. Vouchers for such expenditures
33 must be signed by the Director and all such expenditures
34 shall be audited by the Director and the audit shall be
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1 submitted to the Department of Central Management Services
2 for approval.
3 Whenever the Department is authorized or required by law
4 to consider some aspect of criminal history record
5 information for the purpose of carrying out its statutory
6 powers and responsibilities, then, upon request and payment
7 of fees in conformance with the requirements of subsection 22
8 of Section 55a of the Civil Administrative Code of Illinois,
9 the Department of State Police is authorized to furnish,
10 pursuant to positive identification, such information
11 contained in State files as is necessary to fulfill the
12 request.
13 The provisions of this Section do not apply to private
14 business and vocational schools as defined by Section 1 of
15 the Private Business and Vocational Schools Act.
16 Beginning July 1, 1995, this Section does not apply to
17 those professions, trades, and occupations licensed under the
18 Real Estate License Act of 1983 nor does it apply to any
19 permits, certificates, or other authorizations to do business
20 provided for in the Land Sales Registration Act of 1989 or
21 the Illinois Real Estate Time-Share Act.
22 (Source: P.A. 89-6, eff. 3-6-95; 89-23, eff. 7-1-95; 89-237,
23 eff. 8-4-95; 89-411, eff. 6-1-96; 89-626, eff. 8-9-96.)
24 Section 25. The Civil Administrative Code of Illinois is
25 amended by changing Section 39b12 as follows:
26 (20 ILCS 2505/39b12) (from Ch. 127, par. 39b12)
27 Sec. 39b12. Exchange of information.
28 (a) To exchange with any State, or local subdivisions
29 thereof, or with the federal government, except when
30 specifically prohibited by law, any information which may be
31 necessary to efficient tax administration and which may be
32 acquired as a result of the administration of the above laws.
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1 (b) To exchange with the Illinois Department of Public
2 Aid information that may be necessary for the enforcement of
3 child support orders entered pursuant to the Illinois Public
4 Aid Code, the Illinois Marriage and Dissolution of Marriage
5 Act, the Non-Support of Spouse and Children Act, the Revised
6 Uniform Reciprocal Enforcement of Support Act, the Uniform
7 Interstate Family Support Act, or the Illinois Parentage Act
8 of 1984. Notwithstanding any provisions in this Code to the
9 contrary, the Department of Revenue shall not be liable to
10 any person for any disclosure of information to the Illinois
11 Department of Public Aid under this subsection (b) or for any
12 other action taken in good faith to comply with the
13 requirements of this subsection (b).
14 (Source: Laws 1953, p. 1439.)
15 Section 30. The Civil Administrative Code of Illinois is
16 amended by changing Section 55a as follows:
17 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
18 Sec. 55a. (A) The Department of State Police shall have
19 the following powers and duties, and those set forth in
20 Sections 55a-1 through 55c:
21 1. To exercise the rights, powers and duties which have
22 been vested in the Department of Public Safety by the State
23 Police Act.
24 2. To exercise the rights, powers and duties which have
25 been vested in the Department of Public Safety by the State
26 Police Radio Act.
27 3. To exercise the rights, powers and duties which have
28 been vested in the Department of Public Safety by the
29 Criminal Identification Act.
30 4. To (a) investigate the origins, activities, personnel
31 and incidents of crime and the ways and means to redress the
32 victims of crimes, and study the impact, if any, of
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1 legislation relative to the effusion of crime and growing
2 crime rates, and enforce the criminal laws of this State
3 related thereto, (b) enforce all laws regulating the
4 production, sale, prescribing, manufacturing, administering,
5 transporting, having in possession, dispensing, delivering,
6 distributing, or use of controlled substances and cannabis,
7 (c) employ skilled experts, scientists, technicians,
8 investigators or otherwise specially qualified persons to aid
9 in preventing or detecting crime, apprehending criminals, or
10 preparing and presenting evidence of violations of the
11 criminal laws of the State, (d) cooperate with the police of
12 cities, villages and incorporated towns, and with the police
13 officers of any county, in enforcing the laws of the State
14 and in making arrests and recovering property, (e) apprehend
15 and deliver up any person charged in this State or any other
16 State of the United States with treason, felony, or other
17 crime, who has fled from justice and is found in this State,
18 and (f) conduct such other investigations as may be provided
19 by law. Persons exercising these powers within the Department
20 are conservators of the peace and as such have all the powers
21 possessed by policemen in cities and sheriffs, except that
22 they may exercise such powers anywhere in the State in
23 cooperation with and after contact with the local law
24 enforcement officials. Such persons may use false or
25 fictitious names in the performance of their duties under
26 this paragraph, upon approval of the Director, and shall not
27 be subject to prosecution under the criminal laws for such
28 use.
29 5. To: (a) be a central repository and custodian of
30 criminal statistics for the State, (b) be a central
31 repository for criminal history record information, (c)
32 procure and file for record such information as is necessary
33 and helpful to plan programs of crime prevention, law
34 enforcement and criminal justice, (d) procure and file for
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1 record such copies of fingerprints, as may be required by
2 law, (e) establish general and field crime laboratories, (f)
3 register and file for record such information as may be
4 required by law for the issuance of firearm owner's
5 identification cards, (g) employ polygraph operators,
6 laboratory technicians and other specially qualified persons
7 to aid in the identification of criminal activity, and (h)
8 undertake such other identification, information, laboratory,
9 statistical or registration activities as may be required by
10 law.
11 6. To (a) acquire and operate one or more radio
12 broadcasting stations in the State to be used for police
13 purposes, (b) operate a statewide communications network to
14 gather and disseminate information for law enforcement
15 agencies, (c) operate an electronic data processing and
16 computer center for the storage and retrieval of data
17 pertaining to criminal activity, and (d) undertake such other
18 communication activities as may be required by law.
19 7. To provide, as may be required by law, assistance to
20 local law enforcement agencies through (a) training,
21 management and consultant services for local law enforcement
22 agencies, and (b) the pursuit of research and the publication
23 of studies pertaining to local law enforcement activities.
24 8. To exercise the rights, powers and duties which have
25 been vested in the Department of State Police and the
26 Director of the Department of State Police by the Narcotic
27 Control Division Abolition Act.
28 9. To exercise the rights, powers and duties which have
29 been vested in the Department of Public Safety by the
30 Illinois Vehicle Code.
31 10. To exercise the rights, powers and duties which have
32 been vested in the Department of Public Safety by the Firearm
33 Owners Identification Card Act.
34 11. To enforce and administer such other laws in
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1 relation to law enforcement as may be vested in the
2 Department.
3 12. To transfer jurisdiction of any realty title to
4 which is held by the State of Illinois under the control of
5 the Department to any other department of the State
6 government or to the State Employees Housing Commission, or
7 to acquire or accept Federal land, when such transfer,
8 acquisition or acceptance is advantageous to the State and is
9 approved in writing by the Governor.
10 13. With the written approval of the Governor, to enter
11 into agreements with other departments created by this Act,
12 for the furlough of inmates of the penitentiary to such other
13 departments for their use in research programs being
14 conducted by them.
15 For the purpose of participating in such research
16 projects, the Department may extend the limits of any
17 inmate's place of confinement, when there is reasonable cause
18 to believe that the inmate will honor his or her trust by
19 authorizing the inmate, under prescribed conditions, to leave
20 the confines of the place unaccompanied by a custodial agent
21 of the Department. The Department shall make rules governing
22 the transfer of the inmate to the requesting other department
23 having the approved research project, and the return of such
24 inmate to the unextended confines of the penitentiary. Such
25 transfer shall be made only with the consent of the inmate.
26 The willful failure of a prisoner to remain within the
27 extended limits of his or her confinement or to return within
28 the time or manner prescribed to the place of confinement
29 designated by the Department in granting such extension shall
30 be deemed an escape from custody of the Department and
31 punishable as provided in Section 3-6-4 of the Unified Code
32 of Corrections.
33 14. To provide investigative services, with all of the
34 powers possessed by policemen in cities and sheriffs, in and
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1 around all race tracks subject to the Horse Racing Act of
2 1975.
3 15. To expend such sums as the Director deems necessary
4 from Contractual Services appropriations for the Division of
5 Criminal Investigation for the purchase of evidence and for
6 the employment of persons to obtain evidence. Such sums shall
7 be advanced to agents authorized by the Director to expend
8 funds, on vouchers signed by the Director.
9 16. To assist victims and witnesses in gang crime
10 prosecutions through the administration of funds appropriated
11 from the Gang Violence Victims and Witnesses Fund to the
12 Department. Such funds shall be appropriated to the
13 Department and shall only be used to assist victims and
14 witnesses in gang crime prosecutions and such assistance may
15 include any of the following:
16 (a) temporary living costs;
17 (b) moving expenses;
18 (c) closing costs on the sale of private residence;
19 (d) first month's rent;
20 (e) security deposits;
21 (f) apartment location assistance;
22 (g) other expenses which the Department considers
23 appropriate; and
24 (h) compensation for any loss of or injury to real
25 or personal property resulting from a gang crime to a
26 maximum of $5,000, subject to the following provisions:
27 (1) in the case of loss of property, the
28 amount of compensation shall be measured by the
29 replacement cost of similar or like property which
30 has been incurred by and which is substantiated by
31 the property owner,
32 (2) in the case of injury to property, the
33 amount of compensation shall be measured by the cost
34 of repair incurred and which can be substantiated by
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1 the property owner,
2 (3) compensation under this provision is a
3 secondary source of compensation and shall be
4 reduced by any amount the property owner receives
5 from any other source as compensation for the loss
6 or injury, including, but not limited to, personal
7 insurance coverage,
8 (4) no compensation may be awarded if the
9 property owner was an offender or an accomplice of
10 the offender, or if the award would unjustly benefit
11 the offender or offenders, or an accomplice of the
12 offender or offenders.
13 No victim or witness may receive such assistance if he or
14 she is not a part of or fails to fully cooperate in the
15 prosecution of gang crime members by law enforcement
16 authorities.
17 The Department shall promulgate any rules necessary for
18 the implementation of this amendatory Act of 1985.
19 17. To conduct arson investigations.
20 18. To develop a separate statewide statistical police
21 contact record keeping system for the study of juvenile
22 delinquency. The records of this police contact system shall
23 be limited to statistical information. No individually
24 identifiable information shall be maintained in the police
25 contact statistical record system.
26 19. To develop a separate statewide central adjudicatory
27 and dispositional records system for persons under 19 years
28 of age who have been adjudicated delinquent minors and to
29 make information available to local registered participating
30 police youth officers so that police youth officers will be
31 able to obtain rapid access to the juvenile's background from
32 other jurisdictions to the end that the police youth officers
33 can make appropriate dispositions which will best serve the
34 interest of the child and the community. Information
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1 maintained in the adjudicatory and dispositional record
2 system shall be limited to the incidents or offenses for
3 which the minor was adjudicated delinquent by a court, and a
4 copy of the court's dispositional order. All individually
5 identifiable records in the adjudicatory and dispositional
6 records system shall be destroyed when the person reaches 19
7 years of age.
8 20. To develop rules which guarantee the confidentiality
9 of such individually identifiable adjudicatory and
10 dispositional records except when used for the following:
11 (a) by authorized juvenile court personnel or the
12 State's Attorney in connection with proceedings under the
13 Juvenile Court Act of 1987; or
14 (b) inquiries from registered police youth
15 officers.
16 For the purposes of this Act "police youth officer" means
17 a member of a duly organized State, county or municipal
18 police force who is assigned by his or her Superintendent,
19 Sheriff or chief of police, as the case may be, to specialize
20 in youth problems.
21 21. To develop administrative rules and administrative
22 hearing procedures which allow a minor, his or her attorney,
23 and his or her parents or guardian access to individually
24 identifiable adjudicatory and dispositional records for the
25 purpose of determining or challenging the accuracy of the
26 records. Final administrative decisions shall be subject to
27 the provisions of the Administrative Review Law.
28 22. To charge, collect, and receive fees or moneys
29 equivalent to the cost of providing Department of State
30 Police personnel, equipment, and services to local
31 governmental agencies when explicitly requested by a local
32 governmental agency and pursuant to an intergovernmental
33 agreement as provided by this Section, other State agencies,
34 and federal agencies, including but not limited to fees or
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1 moneys equivalent to the cost of providing dispatching
2 services, radio and radar repair, and training to local
3 governmental agencies on such terms and conditions as in the
4 judgment of the Director are in the best interest of the
5 State; and to establish, charge, collect and receive fees or
6 moneys based on the cost of providing responses to requests
7 for criminal history record information pursuant to positive
8 identification and any Illinois or federal law authorizing
9 access to some aspect of such information and to prescribe
10 the form and manner for requesting and furnishing such
11 information to the requestor on such terms and conditions as
12 in the judgment of the Director are in the best interest of
13 the State, provided fees for requesting and furnishing
14 criminal history record information may be waived for
15 requests in the due administration of the criminal laws. The
16 Department may also charge, collect and receive fees or
17 moneys equivalent to the cost of providing electronic data
18 processing lines or related telecommunication services to
19 local governments, but only when such services can be
20 provided by the Department at a cost less than that
21 experienced by said local governments through other means.
22 All services provided by the Department shall be conducted
23 pursuant to contracts in accordance with the
24 Intergovernmental Cooperation Act, and all telecommunication
25 services shall be provided pursuant to the provisions of
26 Section 67.18 of this Code.
27 All fees received by the Department of State Police under
28 this Act or the Illinois Uniform Conviction Information Act
29 shall be deposited in a special fund in the State Treasury to
30 be known as the State Police Services Fund. The money
31 deposited in the State Police Services Fund shall be
32 appropriated to the Department of State Police for expenses
33 of the Department of State Police.
34 In addition to any other permitted use of moneys in the
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1 Fund, and notwithstanding any restriction on the use of the
2 Fund, moneys in the State Police Services Fund may be
3 transferred to the General Revenue Fund as authorized by this
4 amendatory Act of 1992. The General Assembly finds that an
5 excess of moneys exists in the Fund. On February 1, 1992,
6 the Comptroller shall order transferred and the Treasurer
7 shall transfer $500,000 (or such lesser amount as may be on
8 deposit in the Fund and unexpended and unobligated on that
9 date) from the Fund to the General Revenue Fund.
10 Upon the completion of any audit of the Department of
11 State Police as prescribed by the Illinois State Auditing
12 Act, which audit includes an audit of the State Police
13 Services Fund, the Department of State Police shall make the
14 audit open to inspection by any interested person.
15 23. To exercise the powers and perform the duties which
16 have been vested in the Department of State Police by the
17 Intergovernmental Missing Child Recovery Act of 1984, and to
18 establish reasonable rules and regulations necessitated
19 thereby.
20 24. (a) To establish and maintain a statewide Law
21 Enforcement Agencies Data System (LEADS) for the purpose of
22 providing electronic access by authorized entities to
23 criminal justice data repositories and effecting an immediate
24 law enforcement response to reports of missing persons,
25 including lost, missing or runaway minors. The Department
26 shall implement an automatic data exchange system to compile,
27 to maintain and to make available to other law enforcement
28 agencies for immediate dissemination data which can assist
29 appropriate agencies in recovering missing persons and
30 provide access by authorized entities to various data
31 repositories available through LEADS for criminal justice and
32 related purposes. To assist the Department in this effort,
33 funds may be appropriated from the LEADS Maintenance Fund.
34 (b) In exercising its duties under this subsection, the
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1 Department shall:
2 (1) provide a uniform reporting format for the
3 entry of pertinent information regarding the report of a
4 missing person into LEADS;
5 (2) develop and implement a policy whereby a
6 statewide or regional alert would be used in situations
7 relating to the disappearances of individuals, based on
8 criteria and in a format established by the Department.
9 Such a format shall include, but not be limited to, the
10 age of the missing person and the suspected circumstance
11 of the disappearance;
12 (3) notify all law enforcement agencies that
13 reports of missing persons shall be entered as soon as
14 the minimum level of data specified by the Department is
15 available to the reporting agency, and that no waiting
16 period for the entry of such data exists;
17 (4) compile and retain information regarding lost,
18 abducted, missing or runaway minors in a separate data
19 file, in a manner that allows such information to be used
20 by law enforcement and other agencies deemed appropriate
21 by the Director, for investigative purposes. Such
22 information shall include the disposition of all reported
23 lost, abducted, missing or runaway minor cases;
24 (5) compile and maintain an historic data
25 repository relating to lost, abducted, missing or runaway
26 minors and other missing persons in order to develop and
27 improve techniques utilized by law enforcement agencies
28 when responding to reports of missing persons; and
29 (6) create a quality control program regarding
30 confirmation of missing person data, timeliness of
31 entries of missing person reports into LEADS and
32 performance audits of all entering agencies.
33 25. On request of a school board or regional
34 superintendent of schools, to conduct an inquiry pursuant to
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1 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
2 an applicant for employment in a school district has been
3 convicted of any criminal or drug offenses enumerated in
4 Section 10-21.9 or 34-18.5 of the School Code. The
5 Department shall furnish such conviction information to the
6 President of the school board of the school district which
7 has requested the information, or if the information was
8 requested by the regional superintendent to that regional
9 superintendent.
10 26. To promulgate rules and regulations necessary for
11 the administration and enforcement of its powers and duties,
12 wherever granted and imposed, pursuant to the Illinois
13 Administrative Procedure Act.
14 27. To (a) promulgate rules pertaining to the
15 certification, revocation of certification and training of
16 law enforcement officers as electronic criminal surveillance
17 officers, (b) provide training and technical assistance to
18 State's Attorneys and local law enforcement agencies
19 pertaining to the interception of private oral
20 communications, (c) promulgate rules necessary for the
21 administration of Article 108B of the Code of Criminal
22 Procedure of 1963, including but not limited to standards for
23 recording and minimization of electronic criminal
24 surveillance intercepts, documentation required to be
25 maintained during an intercept, procedures in relation to
26 evidence developed by an intercept, and (d) charge a
27 reasonable fee to each law enforcement agency that sends
28 officers to receive training as electronic criminal
29 surveillance officers.
30 28. Upon the request of any private organization which
31 devotes a major portion of its time to the provision of
32 recreational, social, educational or child safety services to
33 children, to conduct, pursuant to positive identification,
34 criminal background investigations of all of that
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1 organization's current employees, current volunteers,
2 prospective employees or prospective volunteers charged with
3 the care and custody of children during the provision of the
4 organization's services, and to report to the requesting
5 organization any record of convictions maintained in the
6 Department's files about such persons. The Department shall
7 charge an application fee, based on actual costs, for the
8 dissemination of conviction information pursuant to this
9 subsection. The Department is empowered to establish this
10 fee and shall prescribe the form and manner for requesting
11 and furnishing conviction information pursuant to this
12 subsection. Information received by the organization from the
13 Department concerning an individual shall be provided to such
14 individual. Any such information obtained by the
15 organization shall be confidential and may not be transmitted
16 outside the organization and may not be transmitted to anyone
17 within the organization except as needed for the purpose of
18 evaluating the individual. Only information and standards
19 which bear a reasonable and rational relation to the
20 performance of child care shall be used by the organization.
21 Any employee of the Department or any member, employee or
22 volunteer of the organization receiving confidential
23 information under this subsection who gives or causes to be
24 given any confidential information concerning any criminal
25 convictions of an individual shall be guilty of a Class A
26 misdemeanor unless release of such information is authorized
27 by this subsection.
28 29. Upon the request of the Department of Children and
29 Family Services, to investigate reports of child abuse or
30 neglect.
31 30. To obtain registration of a fictitious vital record
32 pursuant to Section 15.1 of the Vital Records Act.
33 31. To collect and disseminate information relating to
34 "hate crimes" as defined under Section 12-7.1 of the Criminal
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1 Code of 1961 contingent upon the availability of State or
2 Federal funds to revise and upgrade the Illinois Uniform
3 Crime Reporting System. All law enforcement agencies shall
4 report monthly to the Department of State Police concerning
5 such offenses in such form and in such manner as may be
6 prescribed by rules and regulations adopted by the Department
7 of State Police. Such information shall be compiled by the
8 Department and be disseminated upon request to any local law
9 enforcement agency, unit of local government, or state
10 agency. Dissemination of such information shall be subject
11 to all confidentiality requirements otherwise imposed by law.
12 The Department of State Police shall provide training for
13 State Police officers in identifying, responding to, and
14 reporting all hate crimes. The Illinois Local Governmental
15 Law Enforcement Officer's Training Board shall develop and
16 certify a course of such training to be made available to
17 local law enforcement officers.
18 32. Upon the request of a private carrier company that
19 provides transportation under Section 28b of the Metropolitan
20 Transit Authority Act, to ascertain if an applicant for a
21 driver position has been convicted of any criminal or drug
22 offense enumerated in Section 28b of the Metropolitan Transit
23 Authority Act. The Department shall furnish the conviction
24 information to the private carrier company that requested the
25 information.
26 33. To apply for grants or contracts, receive, expend,
27 allocate, or disburse funds and moneys made available by
28 public or private entities, including, but not limited to,
29 contracts, bequests, grants, or receiving equipment from
30 corporations, foundations, or public or private institutions
31 of higher learning. All funds received by the Department
32 from these sources shall be deposited into the appropriate
33 fund in the State Treasury to be appropriated to the
34 Department for purposes as indicated by the grantor or
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1 contractor or, in the case of funds or moneys bequeathed or
2 granted for no specific purpose, for any purpose as deemed
3 appropriate by the Director in administering the
4 responsibilities of the Department.
5 34. Upon the request of the Department of Children and
6 Family Services, the Department of State Police shall provide
7 properly designated employees of the Department of Children
8 and Family Services with criminal history record information
9 as defined in the Illinois Uniform Conviction Information Act
10 and information maintained in the adjudicatory and
11 dispositional record system as defined in subdivision (A)19
12 of this Section if the Department of Children and Family
13 Services determines the information is necessary to perform
14 its duties under the Abused and Neglected Child Reporting
15 Act, the Child Care Act of 1969, and the Children and Family
16 Services Act. The request shall be in the form and manner
17 specified by the Department of State Police.
18 (B) The Department of State Police may establish and
19 maintain, within the Department of State Police, a Statewide
20 Organized Criminal Gang Database (SWORD) for the purpose of
21 tracking organized criminal gangs and their memberships.
22 Information in the database may include, but not be limited
23 to, the name, last known address, birth date, physical
24 descriptions (such as scars, marks, or tattoos), officer
25 safety information, organized gang affiliation, and entering
26 agency identifier. The Department may develop, in
27 consultation with the Criminal Justice Information Authority,
28 and in a form and manner prescribed by the Department, an
29 automated data exchange system to compile, to maintain, and
30 to make this information electronically available to
31 prosecutors and to other law enforcement agencies. The
32 information may be used by authorized agencies to combat the
33 operations of organized criminal gangs statewide.
34 (C) The Department of State Police may ascertain the
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1 number of bilingual police officers and other personnel
2 needed to provide services in a language other than English
3 and may establish, under applicable personnel rules and
4 Department guidelines or through a collective bargaining
5 agreement, a bilingual pay supplement program.
6 35. The Illinois Department of Public Aid is an
7 authorized entity under this Section for the purpose of
8 obtaining access to various data repositories available
9 through LEADS, to facilitate the location of individuals for
10 establishing paternity, and establishing, modifying, and
11 enforcing child support obligations, pursuant to the Public
12 Aid Code and Title IV, Section D of the Social Security Act.
13 The Department shall enter into an agreement with the
14 Illinois Department of Public Aid consistent with these
15 purposes.
16 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
17 Section 35. The Counties Code is amended by adding
18 Section 3-5036.5 as follows:
19 (55 ILCS 5/3-5036.5 new)
20 Sec. 3-5036.5. Exchange of information for child support
21 enforcement.
22 (a) The Recorder shall exchange with the Illinois
23 Department of Public Aid information that may be necessary
24 for the enforcement of child support orders entered pursuant
25 to the Illinois Public Aid Code, the Illinois Marriage and
26 Dissolution of Marriage Act, the Non-Support of Spouse and
27 Children Act, the Revised Uniform Reciprocal Enforcement of
28 Support Act, the Uniform Interstate Family Support Act, or
29 the Illinois Parentage Act of 1984.
30 (b) Notwithstanding any provisions in this Code to the
31 contrary, the Recorder shall not be liable to any person for
32 any disclosure of information to the Illinois Department of
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1 Public Aid under subsection (a) or for any other action taken
2 in good faith to comply with the requirements of subsection
3 (a).
4 Section 40. The Illinois Banking Act is amended by
5 changing Section 48.1 and adding Section 48.4 as follows:
6 (205 ILCS 5/48.1) (from Ch. 17, par. 360)
7 Sec. 48.1. Customer financial records; confidentiality.
8 (a) For the purpose of this Section, the term "financial
9 records" means any original, any copy, or any summary of (1)
10 a document granting signature authority over a deposit or
11 account, (2) a statement, ledger card or other record on any
12 deposit or account, which shows each transaction in or with
13 respect to that account, (3) a check, draft or money order
14 drawn on a bank or issued and payable by a bank, or (4) any
15 other item containing information pertaining to any
16 relationship established in the ordinary course of a bank's
17 business between a bank and its customer.
18 (b) This Section does not prohibit:
19 (1) The preparation, examination, handling or
20 maintenance of any financial records by any officer,
21 employee or agent of a bank having custody of the
22 records, or the examination of the records by a certified
23 public accountant engaged by the bank to perform an
24 independent audit.
25 (2) The examination of any financial records by, or
26 the furnishing of financial records by a bank to, any
27 officer, employee or agent of (i) the Commissioner of
28 Banks and Real Estate, (ii) after May 31, 1997, a state
29 regulatory authority authorized to examine a branch of a
30 State bank located in another state, (iii) the
31 Comptroller of the Currency, (iv) the Federal Reserve
32 Board, or (v) the Federal Deposit Insurance Corporation
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1 for use solely in the exercise of his duties as an
2 officer, employee, or agent.
3 (3) The publication of data furnished from
4 financial records relating to customers where the data
5 cannot be identified to any particular customer or
6 account.
7 (4) The making of reports or returns required under
8 Chapter 61 of the Internal Revenue Code of 1986.
9 (5) Furnishing information concerning the dishonor
10 of any negotiable instrument permitted to be disclosed
11 under the Uniform Commercial Code.
12 (6) The exchange in the regular course of business
13 of credit information between a bank and other banks or
14 financial institutions or commercial enterprises,
15 directly or through a consumer reporting agency.
16 (7) The furnishing of information to the
17 appropriate law enforcement authorities where the bank
18 reasonably believes it has been the victim of a crime.
19 (8) The furnishing of information under the Uniform
20 Disposition of Unclaimed Property Act.
21 (9) The furnishing of information under the
22 Illinois Income Tax Act and the Illinois Estate and
23 Generation-Skipping Transfer Tax Act.
24 (10) The furnishing of information under the
25 federal Currency and Foreign Transactions Reporting Act
26 Title 31, United States Code, Section 1051 et seq.
27 (11) The furnishing of information under any other
28 statute that by its terms or by regulations promulgated
29 thereunder requires the disclosure of financial records
30 other than by subpoena, summons, warrant, or court order.
31 (12) The furnishing of information about the
32 existence of an account of a person to a judgment
33 creditor of that person who has made a written request
34 for that information.
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1 (13) The exchange in the regular course of business
2 of information between commonly owned banks in connection
3 with a transaction authorized under paragraph (23) of
4 Section 5 and conducted at an affiliate facility.
5 (14) The furnishing of information in accordance
6 with the federal Personal Responsibility and Work
7 Opportunity Reconciliation Act of 1996. Any bank governed
8 by this Act shall enter into an agreement for data
9 exchanges with a State agency provided the State agency
10 pays to the bank a reasonable fee not to exceed its
11 actual cost incurred. A bank providing information in
12 accordance with this item shall not be liable to any
13 account holder or other person for any disclosure of
14 information to a State agency, for encumbering or
15 surrendering any assets held by the bank in response to a
16 lien or order to withhold and deliver issued by a State
17 agency, or for any other action taken pursuant to this
18 item, including individual or mechanical errors, provided
19 the action does not constitute gross negligence or
20 willful misconduct. A bank shall have no obligation to
21 hold, encumber, or surrender assets until it has been
22 served with a subpoena, summons, warrant, court or
23 administrative order, lien, or levy.
24 (c) A bank may not disclose to any person, except to the
25 customer or his duly authorized agent, any financial records
26 relating to that customer of that bank unless:
27 (1) the customer has authorized disclosure to the
28 person;
29 (2) the financial records are disclosed in response
30 to a lawful subpoena, summons, warrant or court order
31 which meets the requirements of subsection (d) of this
32 Section; or
33 (3) the bank is attempting to collect an obligation
34 owed to the bank and the bank complies with the
HB1707 Enrolled -28- LRB9902989SMpk
1 provisions of Section 2I of the Consumer Fraud and
2 Deceptive Business Practices Act.
3 (d) A bank shall disclose financial records under
4 paragraph (2) of subsection (c) of this Section under a
5 lawful subpoena, summons, warrant, or court order only after
6 the bank mails a copy of the subpoena, summons, warrant, or
7 court order to the person establishing the relationship with
8 the bank, if living, and, otherwise his personal
9 representative, if known, at his last known address by first
10 class mail, postage prepaid, unless the bank is specifically
11 prohibited from notifying the person by order of court or by
12 applicable State or federal law. A bank shall not mail a
13 copy of a subpoena to any person pursuant to this subsection
14 if the subpoena was issued by a grand jury under the
15 Statewide Grand Jury Act.
16 (e) Any officer or employee of a bank who knowingly and
17 willfully furnishes financial records in violation of this
18 Section is guilty of a business offense and, upon conviction,
19 shall be fined not more than $1,000.
20 (f) Any person who knowingly and willfully induces or
21 attempts to induce any officer or employee of a bank to
22 disclose financial records in violation of this Section is
23 guilty of a business offense and, upon conviction, shall be
24 fined not more than $1,000.
25 (g) A bank shall be reimbursed for costs that are
26 reasonably necessary and that have been directly incurred in
27 searching for, reproducing, or transporting books, papers,
28 records, or other data of a customer required or requested to
29 be produced pursuant to a lawful subpoena, summons, warrant,
30 or court order. The Commissioner shall determine the rates
31 and conditions under which payment may be made.
32 (Source: P.A. 88-273; 89-208, eff. 9-29-95; 89-364, eff.
33 8-18-95; 89-508, eff. 7-3-96; 89-626, eff. 8-9-96.)
HB1707 Enrolled -29- LRB9902989SMpk
1 (205 ILCS 5/48.4 new)
2 Sec. 48.4. Administrative liens for past-due child
3 support. Any bank governed by this Act shall encumber or
4 surrender accounts or assets held by the bank on behalf of
5 any responsible relative who is subject to a child support
6 lien, upon notice of the lien or levy of the Illinois
7 Department of Public Aid or its successor agency pursuant to
8 Section 10-25.5 of the Illinois Public Aid Code, or upon
9 notice of interstate lien from any other state's agency
10 responsible for implementing the child support enforcement
11 program set forth in Title IV, Part D of the Social Security
12 Act.
13 Section 43. The Illinois Savings and Loan Act of 1985 is
14 amended by changing Section 3-8 and adding Section 1-6d as
15 follows:
16 (205 ILCS 105/1-6d new)
17 Sec. 1-6d. Administrative liens for past-due child
18 support. Any association governed by this Act shall encumber
19 or surrender accounts or assets held by the association on
20 behalf of any responsible relative who is subject to a child
21 support lien, upon notice of the lien or levy of the Illinois
22 Department of Public Aid or its successor agency pursuant to
23 Section 10-25.5 of the Illinois Public Aid Code, or upon
24 notice of interstate lien from any other state's agency
25 responsible for implementing the child support enforcement
26 program set forth in Title IV, Part D of the Social Security
27 Act.
28 (205 ILCS 105/3-8) (from Ch. 17, par. 3303-8)
29 Sec. 3-8. Access to books and records; communication
30 with members.
31 (a) Every member or holder of capital shall have the
HB1707 Enrolled -30- LRB9902989SMpk
1 right to inspect the books and records of the association
2 that pertain to his account. Otherwise, the right of
3 inspection and examination of the books and records shall be
4 limited as provided in this Act, and no other person shall
5 have access to the books and records or shall be entitled to
6 a list of the members.
7 (b) For the purpose of this Section, the term "financial
8 records" means any original, any copy, or any summary of (i)
9 a document granting signature authority over a deposit or
10 account; (ii) a statement, ledger card, or other record on
11 any deposit or account that shows each transaction in or with
12 respect to that account; (iii) a check, draft, or money order
13 drawn on an association or issued and payable by an
14 association; or (iv) any other item containing information
15 pertaining to any relationship established in the ordinary
16 course of an association's business between an association
17 and its customer.
18 (c) This Section does not prohibit:
19 (1) The preparation, examination, handling, or
20 maintenance of any financial records by any officer,
21 employee, or agent of an association having custody of
22 those records or the examination of those records by a
23 certified public accountant engaged by the association to
24 perform an independent audit;
25 (2) The examination of any financial records by, or
26 the furnishing of financial records by an association to,
27 any officer, employee, or agent of the Commissioner of
28 Banks and Real Estate, Federal Savings and Loan Insurance
29 Corporation and its successors, Federal Deposit Insurance
30 Corporation, Resolution Trust Corporation and its
31 successors, Federal Home Loan Bank Board and its
32 successors, Office of Thrift Supervision, Federal Housing
33 Finance Board, Board of Governors of the Federal Reserve
34 System, any Federal Reserve Bank, or the Office of the
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1 Comptroller of the Currency for use solely in the
2 exercise of his duties as an officer, employee, or agent;
3 (3) The publication of data furnished from
4 financial records relating to members or holders of
5 capital where the data cannot be identified to any
6 particular member, holder of capital, or account;
7 (4) The making of reports or returns required under
8 Chapter 61 of the Internal Revenue Code of 1986;
9 (5) Furnishing information concerning the dishonor
10 of any negotiable instrument permitted to be disclosed
11 under the Uniform Commercial Code;
12 (6) The exchange in the regular course of business
13 of credit information between an association and other
14 associations or financial institutions or commercial
15 enterprises, directly or through a consumer reporting
16 agency;
17 (7) The furnishing of information to the
18 appropriate law enforcement authorities where the
19 association reasonably believes it has been the victim of
20 a crime;
21 (8) The furnishing of information pursuant to the
22 Uniform Disposition of Unclaimed Property Act;
23 (9) The furnishing of information pursuant to the
24 Illinois Income Tax Act and the Illinois Estate and
25 Generation-Skipping Transfer Tax Act;
26 (10) The furnishing of information pursuant to the
27 federal "Currency and Foreign Transactions Reporting
28 Act", (Title 31, United States Code, Section 1051 et
29 seq.);
30 (11) The furnishing of information pursuant to any
31 other statute that by its terms or by regulations
32 promulgated thereunder requires the disclosure of
33 financial records other than by subpoena, summons,
34 warrant, or court order;
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1 (12) The exchange of information between an
2 association and an affiliate of the association; as used
3 in this item, "affiliate" includes any company,
4 partnership, or organization that controls, is controlled
5 by, or is under common control with an association.
6 (13) The furnishing of information in accordance
7 with the federal Personal Responsibility and Work
8 Opportunity Reconciliation Act of 1996. Any association
9 governed by this Act shall enter into an agreement for
10 data exchanges with a State agency provided the State
11 agency pays to the association a reasonable fee not to
12 exceed its actual cost incurred. An association
13 providing information in accordance with this item shall
14 not be liable to any account holder or other person for
15 any disclosure of information to a State agency, for
16 encumbering or surrendering any assets held by the
17 association in response to a lien or order to withhold
18 and deliver issued by a State agency, or for any other
19 action taken pursuant to this item, including individual
20 or mechanical errors, provided the action does not
21 constitute gross negligence or willful misconduct. An
22 association shall have no obligation to hold, encumber,
23 or surrender assets until it has been served with a
24 subpoena, summons, warrant, court or administrative
25 order, lien, or levy.
26 (d) An association may not disclose to any person,
27 except to the member or holder of capital or his duly
28 authorized agent, any financial records relating to that
29 member or holder of capital of that association unless:
30 (1) The member or holder of capital has authorized
31 disclosure to the person; or
32 (2) The financial records are disclosed in response
33 to a lawful subpoena, summons, warrant, or court order
34 that meets the requirements of subsection (e) of this
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1 Section.
2 (e) An association shall disclose financial records
3 under subsection (d) of this Section pursuant to a lawful
4 subpoena, summons, warrant, or court order only after the
5 association mails a copy of the subpoena, summons, warrant,
6 or court order to the person establishing the relationship
7 with the association, if living, and, otherwise, his personal
8 representative, if known, at his last known address by first
9 class mail, postage prepaid, unless the association is
10 specifically prohibited from notifying that person by order
11 of court.
12 (f) (1) Any officer or employee of an association who
13 knowingly and willfully furnishes financial records in
14 violation of this Section is guilty of a business offense
15 and, upon conviction, shall be fined not more than $1,000.
16 (2) Any person who knowingly and willfully induces or
17 attempts to induce any officer or employee of an association
18 to disclose financial records in violation of this Section is
19 guilty of a business offense and, upon conviction, shall be
20 fined not more than $1,000.
21 (g) However, if any member desires to communicate with
22 the other members of the association with reference to any
23 question pending or to be presented at a meeting of the
24 members, the association shall give him upon request a
25 statement of the approximate number of members entitled to
26 vote at the meeting and an estimate of the cost of preparing
27 and mailing the communication. The requesting member then
28 shall submit the communication to the Commissioner who, if he
29 finds it to be appropriate and truthful, shall direct that it
30 be prepared and mailed to the members upon the requesting
31 member's payment or adequate provision for payment of the
32 expenses of preparation and mailing.
33 (h) An Association shall be reimbursed for costs that
34 are necessary and that have been directly incurred in
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1 searching for, reproducing, or transporting books, papers,
2 records, or other data of a customer required to be
3 reproduced pursuant to a lawful subpoena, warrant, or court
4 order.
5 (Source: P.A. 88-222; 89-508, eff. 7-3-96.)
6 Section 45. The Savings Bank Act is amended by changing
7 Section 4013 and adding Section 7007 as follows:
8 (205 ILCS 205/4013) (from Ch. 17, par. 7304-13)
9 Sec. 4013. Access to books and records; communication
10 with members and shareholders.
11 (a) Every member or shareholder shall have the right to
12 inspect books and records of the savings bank that pertain to
13 his accounts. Otherwise, the right of inspection and
14 examination of the books and records shall be limited as
15 provided in this Act, and no other person shall have access
16 to the books and records nor shall be entitled to a list of
17 the members or shareholders.
18 (b) For the purpose of this Section, the term "financial
19 records" means any original, any copy, or any summary of (1)
20 a document granting signature authority over a deposit or
21 account; (2) a statement, ledger card, or other record on any
22 deposit or account that shows each transaction in or with
23 respect to that account; (3) a check, draft, or money order
24 drawn on a savings bank or issued and payable by a savings
25 bank; or (4) any other item containing information pertaining
26 to any relationship established in the ordinary course of a
27 savings bank's business between a savings bank and its
28 customer.
29 (c) This Section does not prohibit:
30 (1) The preparation examination, handling, or
31 maintenance of any financial records by any officer,
32 employee, or agent of a savings bank having custody of
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1 records or examination of records by a certified public
2 accountant engaged by the savings bank to perform an
3 independent audit.
4 (2) The examination of any financial records by, or
5 the furnishing of financial records by a savings bank to,
6 any officer, employee, or agent of the Commissioner of
7 Banks and Real Estate or the Federal Deposit Insurance
8 Corporation for use solely in the exercise of his duties
9 as an officer, employee, or agent.
10 (3) The publication of data furnished from
11 financial records relating to members or holders of
12 capital where the data cannot be identified to any
13 particular member, shareholder, or account.
14 (4) The making of reports or returns required under
15 Chapter 61 of the Internal Revenue Code of 1986.
16 (5) Furnishing information concerning the dishonor
17 of any negotiable instrument permitted to be disclosed
18 under the Uniform Commercial Code.
19 (6) The exchange in the regular course of business
20 of credit information between a savings bank and other
21 savings banks or financial institutions or commercial
22 enterprises, directly or through a consumer reporting
23 agency.
24 (7) The furnishing of information to the
25 appropriate law enforcement authorities where the savings
26 bank reasonably believes it has been the victim of a
27 crime.
28 (8) The furnishing of information pursuant to the
29 Uniform Disposition of Unclaimed Property Act.
30 (9) The furnishing of information pursuant to the
31 Illinois Income Tax Act and the Illinois Estate and
32 Generation-Skipping Transfer Tax Act.
33 (10) The furnishing of information pursuant to the
34 federal "Currency and Foreign Transactions Reporting
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1 Act", (Title 31, United States Code, Section 1051 et
2 seq.).
3 (11) The furnishing of information pursuant to any
4 other statute which by its terms or by regulations
5 promulgated thereunder requires the disclosure of
6 financial records other than by subpoena, summons,
7 warrant, or court order.
8 (12) The furnishing of information in accordance
9 with the federal Personal Responsibility and Work
10 Opportunity Reconciliation Act of 1996. Any savings bank
11 governed by this Act shall enter into an agreement for
12 data exchanges with a State agency provided the State
13 agency pays to the savings bank a reasonable fee not to
14 exceed its actual cost incurred. A savings bank
15 providing information in accordance with this item shall
16 not be liable to any account holder or other person for
17 any disclosure of information to a State agency, for
18 encumbering or surrendering any assets held by the
19 savings bank in response to a lien or order to withhold
20 and deliver issued by a State agency, or for any other
21 action taken pursuant to this item, including individual
22 or mechanical errors, provided the action does not
23 constitute gross negligence or willful misconduct. A
24 savings bank shall have no obligation to hold, encumber,
25 or surrender assets until it has been served with a
26 subpoena, summons, warrant, court or administrative
27 order, lien, or levy.
28 (d) A savings bank may not disclose to any person,
29 except to the member or holder of capital or his duly
30 authorized agent, any financial records relating to that
31 member or shareholder of the savings bank unless:
32 (1) the member or shareholder has authorized
33 disclosure to the person; or
34 (2) the financial records are disclosed in response
HB1707 Enrolled -37- LRB9902989SMpk
1 to a lawful subpoena, summons, warrant, or court order
2 that meets the requirements of subsection (e) of this
3 Section.
4 (e) A savings bank shall disclose financial records
5 under subsection (d) of this Section pursuant to a lawful
6 subpoena, summons, warrant, or court order only after the
7 savings bank mails a copy of the subpoena, summons, warrant,
8 or court order to the person establishing the relationship
9 with the savings bank, if living, and otherwise, his personal
10 representative, if known, at his last known address by first
11 class mail, postage prepaid, unless the savings bank is
12 specifically prohibited from notifying the person by order of
13 court.
14 (f) Any officer or employee of a savings bank who
15 knowingly and willfully furnishes financial records in
16 violation of this Section is guilty of a business offense
17 and, upon conviction, shall be fined not more than $1,000.
18 (g) Any person who knowingly and willfully induces or
19 attempts to induce any officer or employee of a savings bank
20 to disclose financial records in violation of this Section is
21 guilty of a business offense and, upon conviction, shall be
22 fined not more than $1,000.
23 (h) If any member or shareholder desires to communicate
24 with the other members or shareholders of the savings bank
25 with reference to any question pending or to be presented at
26 an annual or special meeting, the savings bank shall give
27 that person, upon request, a statement of the approximate
28 number of members or shareholders entitled to vote at the
29 meeting and an estimate of the cost of preparing and mailing
30 the communication. The requesting member shall submit the
31 communication to the Commissioner who, upon finding it to be
32 appropriate and truthful, shall direct that it be prepared
33 and mailed to the members upon the requesting member's or
34 shareholder's payment or adequate provision for payment of
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1 the expenses of preparation and mailing.
2 (i) A savings bank shall be reimbursed for costs that
3 are necessary and that have been directly incurred in
4 searching for, reproducing, or transporting books, papers,
5 records, or other data of a customer required to be
6 reproduced pursuant to a lawful subpoena, warrant, or court
7 order.
8 (j) Notwithstanding the provisions of this Section, a
9 savings bank may sell or otherwise make use of lists of
10 customers' names and addresses. All other information
11 regarding a customer's account are subject to the disclosure
12 provisions of this Section. At the request of any customer,
13 that customer's name and address shall be deleted from any
14 list that is to be sold or used in any other manner beyond
15 identification of the customer's accounts.
16 (Source: P.A. 89-508, eff. 7-3-96.)
17 (205 ILCS 205/7007 new)
18 Sec. 7007. Administrative liens for past-due child
19 support. Any savings bank governed by this Act shall
20 encumber or surrender accounts or assets held by the savings
21 bank on behalf of any responsible relative who is subject to
22 a child support lien, upon notice of the lien or levy of the
23 Illinois Department of Public Aid or its successor agency
24 pursuant to Section 10-25.5 of the Illinois Public Aid Code,
25 or upon notice of interstate lien from any other state's
26 agency responsible for implementing the child support
27 enforcement program set forth in Title IV, Part D of the
28 Social Security Act.
29 Section 50. The Illinois Credit Union Act is amended by
30 changing Section 10 and adding Section 43.1 as follows:
31 (205 ILCS 305/10) (from Ch. 17, par. 4411)
HB1707 Enrolled -39- LRB9902989SMpk
1 Sec. 10. Credit union records; member financial records.
2 (1) A credit union shall establish and maintain books,
3 records, accounting systems and procedures which accurately
4 reflect its operations and which enable the Department to
5 readily ascertain the true financial condition of the credit
6 union and whether it is complying with this Act.
7 (2) A photostatic or photographic reproduction of any
8 credit union records shall be admissible as evidence of
9 transactions with the credit union.
10 (3) (a) For the purpose of this Section, the term
11 "financial records" means any original, any copy, or any
12 summary of (1) a document granting signature authority
13 over an account, (2) a statement, ledger card or other
14 record on any account which shows each transaction in or
15 with respect to that account, (3) a check, draft or money
16 order drawn on a financial institution or other entity or
17 issued and payable by or through a financial institution
18 or other entity, or (4) any other item containing
19 information pertaining to any relationship established in
20 the ordinary course of business between a credit union
21 and its member.
22 (b) This Section does not prohibit:
23 (1) The preparation, examination, handling or
24 maintenance of any financial records by any officer,
25 employee or agent of a credit union having custody
26 of such records, or the examination of such records
27 by a certified public accountant engaged by the
28 credit union to perform an independent audit;
29 (2) The examination of any financial records
30 by or the furnishing of financial records by a
31 credit union to any officer, employee or agent of
32 the Department, the National Credit Union
33 Administration, Federal Reserve board or any insurer
34 of share accounts for use solely in the exercise of
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1 his duties as an officer, employee or agent;
2 (3) The publication of data furnished from
3 financial records relating to members where the data
4 cannot be identified to any particular customer of
5 account;
6 (4) The making of reports or returns required
7 under Chapter 61 of the Internal Revenue Code of
8 1954;
9 (5) Furnishing information concerning the
10 dishonor of any negotiable instrument permitted to
11 be disclosed under the Uniform Commercial Code;
12 (6) The exchange in the regular course of
13 business of credit information between a credit
14 union and other credit unions or financial
15 institutions or commercial enterprises, directly or
16 through a consumer reporting agency;
17 (7) The furnishing of information to the
18 appropriate law enforcement authorities where the
19 credit union reasonably believes it has been the
20 victim of a crime;
21 (8) The furnishing of information pursuant to
22 the Uniform Disposition of Unclaimed Property Act;
23 (9) The furnishing of information pursuant to
24 the Illinois Income Tax Act and the Illinois Estate
25 and Generation-Skipping Transfer Tax Act;
26 (10) The furnishing of information pursuant to
27 the federal "Currency and Foreign Transactions
28 Reporting Act", Title 31, United States Code,
29 Section 1051 et sequentia; or
30 (11) The furnishing of information pursuant to
31 any other statute which by its terms or by
32 regulations promulgated thereunder requires the
33 disclosure of financial records other than by
34 subpoena, summons, warrant or court order.
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1 (12) The furnishing of information in
2 accordance with the federal Personal Responsibility
3 and Work Opportunity Reconciliation Act of 1996. Any
4 credit union governed by this Act shall enter into
5 an agreement for data exchanges with a State agency
6 provided the State agency pays to the credit union a
7 reasonable fee not to exceed its actual cost
8 incurred. A credit union providing information in
9 accordance with this item shall not be liable to any
10 account holder or other person for any disclosure of
11 information to a State agency, for encumbering or
12 surrendering any assets held by the credit union in
13 response to a lien or order to withhold and deliver
14 issued by a State agency, or for any other action
15 taken pursuant to this item, including individual or
16 mechanical errors, provided the action does not
17 constitute gross negligence or willful misconduct. A
18 credit union shall have no obligation to hold,
19 encumber, or surrender assets until it has been
20 served with a subpoena, summons, warrant, court or
21 administrative order, lien, or levy.
22 (c) A credit union may not disclose to any person,
23 except to the member or his duly authorized agent, any
24 financial records relating to that member of the credit union
25 unless:
26 (1) the member has authorized disclosure to the
27 person;
28 (2) the financial records are disclosed in response
29 to a lawful subpoena, summons, warrant or court order
30 that meets the requirements of subparagraph (d) of this
31 Section; or
32 (3) the credit union is attempting to collect an
33 obligation owed to the credit union and the credit union
34 complies with the provisions of Section 2I of the
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1 Consumer Fraud and Deceptive Business Practices Act.
2 (d) A credit union shall disclose financial records
3 under subparagraph (c)(2) of this Section pursuant to a
4 lawful subpoena, summons, warrant or court order only after
5 the credit union mails a copy of the subpoena, summons,
6 warrant or court order to the person establishing the
7 relationship with the credit union, if living, and otherwise
8 his personal representative, if known, at his last known
9 address by first class mail, postage prepaid unless the
10 credit union is specifically prohibited from notifying the
11 person by order of court or by applicable State or federal
12 law. In the case of a grand jury subpoena, a credit union
13 shall not mail a copy of a subpoena to any person pursuant to
14 this subsection if the subpoena was issued by a grand jury
15 under the Statewide Grand Jury Act or notifying the person
16 would constitute a violation of the federal Right to
17 Financial Privacy Act of 1978.
18 (e) (1) Any officer or employee of a credit union who
19 knowingly and wilfully furnishes financial records in
20 violation of this Section is guilty of a business offense
21 and upon conviction thereof shall be fined not more than
22 $1,000.
23 (2) Any person who knowingly and wilfully induces
24 or attempts to induce any officer or employee of a credit
25 union to disclose financial records in violation of this
26 Section is guilty of a business offense and upon
27 conviction thereof shall be fined not more than $1,000.
28 (f) A credit union shall be reimbursed for costs which
29 are reasonably necessary and which have been directly
30 incurred in searching for, reproducing or transporting books,
31 papers, records or other data of a member required or
32 requested to be produced pursuant to a lawful subpoena,
33 summons, warrant or court order.
34 (Source: P.A. 89-603, eff. 8-2-96.)
HB1707 Enrolled -43- LRB9902989SMpk
1 (205 ILCS 305/43.1 new)
2 Sec. 43.1. Administrative liens for past-due child
3 support. Any credit union governed by this Act shall
4 encumber or surrender accounts or assets held by the credit
5 union on behalf of any responsible relative who is subject to
6 a child support lien, upon notice of the lien or levy of the
7 Illinois Department of Public Aid or its successor agency
8 pursuant to Section 10-25.5 of the Illinois Public Aid Code,
9 or upon notice of interstate lien from any other state's
10 agency responsible for implementing the child support
11 enforcement program set forth in Title IV, Part D of the
12 Social Security Act.
13 Section 55. The Foreign Banking Office Act is amended by
14 changing Section 3 and adding Section 20 as follows:
15 (205 ILCS 645/3) (from Ch. 17, par. 2710)
16 (Text of Section before amendment by P.A. 89-208)
17 Sec. 3. Certificates of authority; qualifications;
18 rights. A foreign banking corporation, upon receipt of a
19 certificate of authority from the Commissioner, may establish
20 and maintain a single banking office in the central business
21 district of Chicago to conduct thereat a general banking
22 business and may apply for, and procure from the
23 Commissioner, a certificate of authority to conduct thereat a
24 trust business pursuant to the Corporate Fiduciary Act. No
25 such foreign banking corporation is, however, entitled to a
26 certificate of authority under this Act unless, under the
27 laws of the country under which such foreign banking
28 corporation was organized, a State bank and a national bank
29 may be authorized to maintain a banking office which may
30 engage in a general banking business or may be authorized to
31 own all the shares (except for directors' qualifying shares)
32 of a banking organization organized under the laws of such
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1 country.
2 Upon receipt of a certificate of authority under this
3 Act, a foreign banking corporation may conduct its banking
4 business in this State with the same, but no greater, rights
5 and privileges as a State bank, and except as otherwise
6 provided in this Act, subject to the same duties,
7 restrictions, penalties and liabilities now or hereafter
8 imposed under the Illinois Banking Act upon a State bank;
9 provided, however, that said rights and privileges shall not
10 be construed to include the establishment of branches under
11 paragraph (15) of Section 5 of the Illinois Banking Act. Any
12 such banking office shall be maintained subject to
13 supervision and examination by the Commissioner and such
14 reports and examinations as are required of State banks under
15 the Illinois Banking Act applicable to such banking office.
16 (Source: P.A. 88-271; 89-364, eff. 8-18-95; 89-626, eff.
17 8-9-96.)
18 (Text of Section after amendment by P.A. 89-208)
19 Sec. 3. Certificates of authority; qualifications;
20 rights; supervision. A foreign banking corporation, upon
21 receipt of a certificate of authority from the Commissioner,
22 may establish and maintain an Illinois banking office to
23 conduct thereat a general banking business and may apply for,
24 and procure from the Commissioner, a certificate of authority
25 to conduct thereat a trust business pursuant to the Corporate
26 Fiduciary Act. No such foreign banking corporation is,
27 however, entitled to a certificate of authority under this
28 Act unless, under the laws of the country under which such
29 foreign banking corporation was organized, a State bank and a
30 national bank may be authorized to maintain a banking office
31 which may engage in a general banking business or may be
32 authorized to own all the shares (except for directors'
33 qualifying shares) of a banking organization organized under
34 the laws of such country.
HB1707 Enrolled -45- LRB9902989SMpk
1 Upon receipt of a certificate of authority under this
2 Act, a foreign banking corporation may conduct its banking
3 business in this State with the same, but no greater, rights
4 and privileges as a State bank, and except as otherwise
5 provided in this Act, subject to the same duties,
6 restrictions, penalties and liabilities now or hereafter
7 imposed under the Illinois Banking Act upon a State bank.
8 Any such banking office shall be maintained subject to
9 supervision and examination by the Commissioner and such
10 reports and examinations as are required of State banks under
11 the Illinois Banking Act applicable to such banking office.
12 This Section does not prohibit the furnishing of
13 information in accordance with the federal Personal
14 Responsibility and Work Opportunity Reconciliation Act of
15 1996. Any foreign banking corporation governed by this Act
16 shall enter into an agreement for data exchanges with a State
17 agency provided the State agency pays to the foreign banking
18 corporation a reasonable fee not to exceed its actual cost
19 incurred. A foreign banking corporation providing
20 information in accordance with this item shall not be liable
21 to any account holder or other person for any disclosure of
22 information to a State agency, for encumbering or
23 surrendering any assets held by the foreign banking
24 corporation in response to a lien or order to withhold and
25 deliver issued by a State agency, or for any other action
26 taken pursuant to this item, including individual or
27 mechanical errors, provided the action does not constitute
28 gross negligence or willful misconduct. A foreign banking
29 corporation shall have no obligation to hold, encumber, or
30 surrender assets until it has been served with a subpoena,
31 summons, warrant, court or administrative order, lien, or
32 levy.
33 (Source: P.A. 88-271; 89-208, eff. 6-1-97; 89-364, eff.
34 8-18-95; 89-626, eff. 8-9-96.)
HB1707 Enrolled -46- LRB9902989SMpk
1 (205 ILCS 645/20 new)
2 Sec. 20. Administrative liens for past-due child
3 support. Any foreign banking corporation governed by this
4 Act shall encumber or surrender accounts or assets held by
5 the foreign banking corporation on behalf of any responsible
6 relative who is subject to a child support lien, upon notice
7 of the lien or levy of the Illinois Department of Public Aid
8 or its successor agency pursuant to Section 10-25.5 of the
9 Illinois Public Aid Code, or upon notice of interstate lien
10 from any other state's agency responsible for implementing
11 the child support enforcement program set forth in Title IV,
12 Part D of the Social Security Act.
13 Section 60. The Illinois Insurance Code is amended by
14 changing Sections 238, 299.1a, and 337.1 and adding Sections
15 238.1 and 299.1b as follows:
16 (215 ILCS 5/238) (from Ch. 73, par. 850)
17 Sec. 238. Exemption.
18 (a) All proceeds payable because of the death of the
19 insured and the aggregate net cash value of any or all life
20 and endowment policies and annuity contracts payable to a
21 wife or husband of the insured, or to a child, parent or
22 other person dependent upon the insured, whether the power to
23 change the beneficiary is reserved to the insured or not, and
24 whether the insured or his estate is a contingent beneficiary
25 or not, shall be exempt from execution, attachment,
26 garnishment or other process, for the debts or liabilities of
27 the insured incurred subsequent to the effective date of this
28 Code, except as to premiums paid in fraud of creditors within
29 the period limited by law for the recovery thereof.
30 (b) Any insurance company doing business in this State
31 and governed by this Code shall encumber or surrender
32 accounts as defined in Section 10-24 of the Illinois Public
HB1707 Enrolled -47- LRB9902989SMpk
1 Aid Code held by the insurance company owned by any
2 responsible relative who is subject to a child support lien,
3 upon notice of the lien or levy by the Illinois Department of
4 Public Aid or its successor agency pursuant to Section
5 10-25.5 of the Illinois Public Aid Code, or upon notice of
6 interstate lien from any other state's agency responsible for
7 implementing the child support enforcement program set forth
8 in Title IV, Part D of the Social Security Act.
9 This Section does not prohibit the furnishing of
10 information in accordance with the federal Personal
11 Responsibility and Work Opportunity Reconciliation Act of
12 1996. Any insurance company governed by this Code shall
13 enter into an agreement for data exchanges with the
14 Department of Public Aid provided the Department of Public
15 Aid pays to the insurance company a reasonable fee not to
16 exceed its actual cost incurred. An insurance company
17 providing information in accordance with this item shall not
18 be liable to any owner of an account as defined in Section
19 10-24 of the Illinois Public Aid Code or other person for any
20 disclosure of information to the Department of Public Aid,
21 for encumbering or surrendering any accounts as defined in
22 Section 10-24 of the Illinois Public Aid Code held by the
23 insurance company in response to a lien or order to withhold
24 and deliver issued by a State agency, or for any other action
25 taken pursuant to this item, including individual or
26 mechanical errors, provided the action does not constitute
27 gross negligence or willful misconduct. An insurance company
28 shall have no obligation to hold, encumber, or surrender any
29 accounts as defined in Section 10-24 of the Illinois Public
30 Aid Code until it has been served with a subpoena, summons,
31 warrant, court or administrative order, lien, or levy
32 requiring that action.
33 (Source: Laws 1937, p. 696.)
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1 (215 ILCS 5/238.1 new)
2 Sec. 238.1. Data exchanges; administrative liens.
3 (a) Any insurance company doing business in the State
4 and governed by this Code shall enter into an agreement for
5 data exchanges with the Illinois Department of Public Aid for
6 the purpose of locating accounts as defined in Section 10-24
7 of the Illinois Public Aid Code of responsible relatives to
8 satisfy past-due child support owed by responsible relatives
9 under an order for support entered by a court or
10 administrative body of this or any other State on behalf of
11 resident or non-resident persons.
12 (b) Notwithstanding any provisions in this Code to the
13 contrary, an insurance company shall not be liable to any
14 person:
15 (1) for any disclosure of information to the
16 Illinois Department of Public Aid under subsection (a);
17 (2) for encumbering or surrendering any accounts as
18 defined in Section 10-24 of the Illinois Public Aid Code
19 held by such insurance company in response to a notice of
20 lien or levy issued by the Illinois Department of Public
21 Aid, or by any other state's child support enforcement
22 agency, as provided for in Section 238 of this Code; or
23 (3) for any other action taken in good faith to
24 comply with the requirements of subsection (a).
25 (215 ILCS 5/299.1a) (from Ch. 73, par. 911.1a)
26 Sec. 299.1a. Benefits not Attachable.
27 (a) No money or other charity, relief or aid to be paid,
28 provided or rendered by any society shall be liable to
29 attachment, garnishment or other process or to be seized,
30 taken, appropriated or applied by any legal or equitable
31 process or operation of law to pay any debt or liability of a
32 member or beneficiary, or any other person who may have a
33 right thereunder, either before or after payment by the
HB1707 Enrolled -49- LRB9902989SMpk
1 society.
2 (b) Any benefit association doing business in this State
3 and governed by this Article XVII shall encumber or surrender
4 accounts as defined in Section 10-24 of the Illinois Public
5 Aid Code held by the benefit association owned by any
6 responsible relative who is subject to a child support lien,
7 upon notice of the lien or levy by the Illinois Department of
8 Public Aid or its successor agency pursuant to Section
9 10-25.5 of the Illinois Public Aid Code, or upon notice of
10 interstate lien from any other state's agency responsible for
11 implementing the child support enforcement program set forth
12 in Title IV, Part D of the Social Security Act.
13 This Section shall not prohibit the furnishing of
14 information in accordance with the federal Personal
15 Responsibility and Work Opportunity Reconciliation Act of
16 1996. Any benefit association governed by this Article XVII
17 shall enter into an agreement for data exchanges with the
18 Department of Public Aid provided the Department of Public
19 Aid pays to the benefit association a reasonable fee not to
20 exceed its actual cost incurred. A benefit association
21 providing information in accordance with this item shall not
22 be liable to any account holder or other person for any
23 disclosure of information to a State agency, for encumbering
24 or surrendering any accounts as defined in Section 10-24 of
25 the Illinois Public Aid Code held by the benefit association
26 in response to a lien or order to withhold and deliver issued
27 by a State agency, or for any other action taken pursuant to
28 this item, including individual or mechanical errors,
29 provided the action does not constitute gross negligence or
30 willful misconduct. A benefit association shall have no
31 obligation to hold, encumber, or surrender accounts until it
32 has been served with a subpoena, summons, warrant, court or
33 administrative order, lien, or levy requiring that action.
34 (Source: P.A. 84-303.)
HB1707 Enrolled -50- LRB9902989SMpk
1 (215 ILCS 5/299.1b new)
2 Sec. 299.1b. Data exchanges; administrative liens.
3 (a) Any benefit association doing business in the State
4 and governed by this Code shall enter into an agreement for
5 data exchanges with the Illinois Department of Public Aid for
6 the purpose of locating accounts as defined in Section 10-24
7 of the Illinois Public Aid Code of responsible relatives to
8 satisfy past-due child support owed by responsible relatives
9 under an order for support entered by a court or
10 administrative body of this or any other State on behalf of
11 resident or non-resident persons.
12 (b) Notwithstanding any provisions in this Code to the
13 contrary, a benefit association shall not be liable to any
14 person:
15 (1) for any disclosure of information to the
16 Illinois Department of Public Aid under subsection (a);
17 (2) for encumbering or surrendering any accounts as
18 defined in Section 10-24 of the Illinois Public Aid Code
19 held by such benefit association in response to a notice
20 of lien or levy issued by the Illinois Department of
21 Public Aid, or by any other state's child support
22 enforcement agency, as provided for in Section 299.1a of
23 this Code; or
24 (3) for any other action taken in good faith to
25 comply with the requirements of subsection (a).
26 (215 ILCS 5/337.1 new)
27 Sec. 337.1. Data exchanges; administrative liens.
28 (a) Any benefit association governed by this Article
29 XVIII shall encumber or surrender accounts as defined in
30 Section 10-24 of the Illinois Public Aid Code held by the
31 benefit association on behalf of any responsible relative who
32 is subject to a child support lien, upon notice of the lien
33 or levy by the Illinois Department of Public Aid or its
HB1707 Enrolled -51- LRB9902989SMpk
1 successor agency pursuant to Section 10-25.5 of the Illinois
2 Public Aid Code, or upon notice of interstate lien from any
3 other state's agency responsible for implementing the child
4 support enforcement program set forth in Title IV, Part D of
5 the Social Security Act.
6 (b) This Section shall not prohibit the furnishing of
7 information in accordance with the federal Personal
8 Responsibility and Work Opportunity Reconciliation Act of
9 1996. Any benefit association governed by this Article XVIII
10 shall enter into an agreement for data exchanges with the
11 Department of Public Aid provided the Department of Public
12 Aid pays to the benefit association a reasonable fee not to
13 exceed its actual cost incurred. A benefit association
14 providing information in accordance with this item shall not
15 be liable to any owner of an account as defined in Section
16 10-24 of the Illinois Public Aid Code or other person for any
17 disclosure of information to the Department of Public Aid,
18 for encumbering or surrendering any accounts held by the
19 benefit association in response to a lien or order to
20 withhold and deliver issued by the Department of Public Aid,
21 or for any other action taken pursuant to this item,
22 including individual or mechanical errors, provided the
23 action does not constitute gross negligence or willful
24 misconduct. A benefit association shall have no obligation to
25 hold, encumber, or surrender the accounts or portions thereof
26 as defined in Section 10-24 of the Illinois Public Aid Code
27 until it has been served with a subpoena, summons, warrant,
28 court or administrative order, lien, or levy.
29 Section 65. The Illinois Public Aid Code is amended by
30 changing Sections 10-1, 10-2, 10-3.1, 10-3.3, 10-6, 10-10,
31 10-11, 10-11.1, 10-16.2, 10-17.1, 10-17.2, and 12-10.2 and
32 adding Sections 10-3.4, 10-8.1, 10-17.11, 10-24, 10-24.5,
33 10-24.30, 10-24.35, 10-24.40, 10-24.45, 10-24.50, 10-25,
HB1707 Enrolled -52- LRB9902989SMpk
1 10-25.5, and 12-4.7c as follows:
2 (305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
3 Sec. 10-1. Declaration of Public Policy - Persons
4 Eligible for Child and Spouse Support Services - Fees for
5 Non-Applicants and Non-Recipients.) It is the intent of this
6 Code that the financial aid and social welfare services
7 herein provided supplement rather than supplant the primary
8 and continuing obligation of the family unit for self-support
9 to the fullest extent permitted by the resources available to
10 it. This primary and continuing obligation applies whether
11 the family unit of parents and children or of husband and
12 wife remains intact and resides in a common household or
13 whether the unit has been broken by absence of one or more
14 members of the unit. The obligation of the family unit is
15 particularly applicable when a member is in necessitous
16 circumstances and lacks the means of a livelihood compatible
17 with health and well-being.
18 It is the purpose of this Article to provide for locating
19 an absent parent or spouse, for determining his financial
20 circumstances, and for enforcing his legal obligation of
21 support, if he is able to furnish support, in whole or in
22 part. The Illinois Department of Public Aid shall give
23 priority to establishing, enforcing and collecting the
24 current support obligation, and then to past due support owed
25 to the family unit, except with respect to collections
26 effected through the intercept programs provided for in this
27 Article.
28 The child and spouse support services provided hereunder
29 shall be furnished dependents of an absent parent or spouse
30 who are applicants for or recipients of financial aid under
31 this Code. It is not, however, a condition of eligibility
32 for financial aid that there be no responsible relatives who
33 are reasonably able to provide support. Nor, except as
HB1707 Enrolled -53- LRB9902989SMpk
1 provided in Sections 4-1.7 and 10-8, shall the existence of
2 such relatives or their payment of support contributions
3 disqualify a needy person for financial aid.
4 By accepting financial aid under this Code, a spouse or a
5 parent or other person having custody of a child shall be
6 deemed to have made assignment to the Illinois Department for
7 aid under Articles III, IV, V and VII or to a local
8 governmental unit for aid under Article VI of any and all
9 rights, title, and interest in any support obligation up to
10 the amount of financial aid provided. The rights to support
11 assigned to the Illinois Department of Public Aid or local
12 governmental unit shall constitute an obligation owed the
13 State or local governmental unit by the person who is
14 responsible for providing the support, and shall be
15 collectible under all applicable processes.
16 The Illinois Department of Public Aid shall also furnish
17 the child and spouse support services established under this
18 Article in behalf of persons who are not applicants for or
19 recipients of financial aid under this Code in accordance
20 with the requirements of Title IV, Part D of the Social
21 Security Act. At the discretion of the Illinois Department
22 of Public Aid, the child and spouse support services
23 established under this Article may also be furnished in
24 behalf of spouses and dependent children who are not
25 applicants for or recipients of financial aid under this
26 Code. The Department may limit eligibility of these persons
27 to designated income classes. If non-applicants and
28 non-recipients are included, The Department may establish a
29 schedule of reasonable fees, to be paid for the services
30 provided and may deduct a collection fee, not to exceed 10%
31 of the amount collected, from such collection. The Illinois
32 Department of Public Aid shall cause to be published and
33 distributed publications reasonably calculated to inform the
34 public that individuals who are not recipients of or
HB1707 Enrolled -54- LRB9902989SMpk
1 applicants for public aid under this Code are eligible for
2 the child and spouse support services under this Article X.
3 Such publications shall set forth an explanation, in plain
4 language, that the child and spouse support services program
5 is independent of any public aid program under the Code and
6 that the receiving of child and spouse support service in no
7 way implies that the person receiving such service is
8 receiving public aid.
9 (Source: P.A. 85-597.)
10 (305 ILCS 5/10-2) (from Ch. 23, par. 10-2)
11 Sec. 10-2. Extent of Liability. A husband is liable for
12 the support of his wife and a wife for the support of her
13 husband. The parents are severally liable for the support of
14 any child under age 21, except that a parent is not liable
15 for a child age 18 or over if such child is not living with
16 the parent or parents, and a parent is not liable for a child
17 of any age if the child has married and is not living with
18 the parent or parents. A child shall be considered to be
19 living with the parent or parents if such child is absent
20 from the parent's or parents' home only in order to regularly
21 attend a school, college or university or to receive
22 technical training designed for preparation for gainful
23 employment. The term "child" includes a child born out of
24 wedlock, or legally adopted child, but the liability of the
25 father of a child born out of wedlock shall not be
26 enforceable unless he has been determined to be the child's
27 father in a judicial or administrative proceeding, or he has
28 or shall acknowledge paternity of the child in accordance
29 with Section 10-17.7 of this Code or Section 12 of the Vital
30 Records Act.
31 In addition to the primary obligation of support imposed
32 upon responsible relatives, such relatives, if individually
33 or together in any combination they have sufficient income or
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1 other resources to support a needy person, in whole or in
2 part, shall be liable for any financial aid extended under
3 this Code to a person for whose support they are responsible,
4 including amounts expended for funeral and burial costs.
5 (Source: P.A. 88-687, eff. 1-24-95; 89-641, eff. 8-9-96.)
6 (305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
7 Sec. 10-3.1. Child and Spouse Support Unit. The
8 Illinois Department shall establish within its administrative
9 staff a Child and Spouse Support Unit to search for and
10 locate absent parents and spouses liable for the support of
11 persons resident in this State and to exercise the support
12 enforcement powers and responsibilities assigned the
13 Department by this Article. The unit shall cooperate with
14 all law enforcement officials in this State and with the
15 authorities of other States in locating persons responsible
16 for the support of persons resident in other States and shall
17 invite the cooperation of these authorities in the
18 performance of its duties.
19 In addition to other duties assigned the Child and Spouse
20 Support Unit by this Article, the Unit may refer to the
21 Attorney General or units of local government with the
22 approval of the Attorney General, any actions under Sections
23 10-10 and 10-15 for judicial enforcement of the support
24 liability. The Child and Spouse Support Unit shall act for
25 the Department in referring to the Attorney General support
26 matters requiring judicial enforcement under other laws. If
27 requested by the Attorney General to so act, as provided in
28 Section 12-16, attorneys of the Unit may assist the Attorney
29 General or themselves institute actions in behalf of the
30 Illinois Department under the Revised Uniform Reciprocal
31 Enforcement of Support Act; under the Illinois Parentage Act
32 of 1984; under the Non-Support of Spouse and Children Act; or
33 under any other law, State or Federal, providing for support
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1 of a spouse or dependent child.
2 The Illinois Department shall also have the authority to
3 enter into agreements with local governmental units or
4 individuals, with the approval of the Attorney General, for
5 the collection of moneys owing because of the failure of a
6 parent to make child support payments for any child receiving
7 services under this Article. Such agreements may be on a
8 contingent fee basis, but such contingent fee shall not
9 exceed 25% of the total amount collected.
10 An attorney who provides representation pursuant to this
11 Section shall represent the Illinois Department exclusively.
12 Regardless of the designation of the plaintiff in an action
13 brought pursuant to this Section, an attorney-client
14 relationship does not exist for purposes of that action
15 between that attorney and (i) an applicant for or recipient
16 of child and spouse support services or (ii) any other party
17 to the action other than the Illinois Department. Nothing in
18 this Section shall be construed to modify any power or duty
19 (including a duty to maintain confidentiality) of the Child
20 and Spouse Support Unit or the Illinois Department otherwise
21 provided by law.
22 The Illinois Department may also enter into agreements
23 with local governmental units for the Child and Spouse
24 Support Unit to exercise the investigative and enforcement
25 powers designated in this Article, including the issuance of
26 administrative orders under Section 10-11, in locating
27 responsible relatives and obtaining support for persons
28 applying for or receiving aid under Article VI. Payments for
29 defrayment of administrative costs and support payments
30 obtained shall be deposited into the Public Assistance
31 Recoveries Trust Fund. Support payments shall be paid over
32 to the General Assistance Fund of the local governmental unit
33 at such time or times as the agreement may specify.
34 With respect to those cases in which it has support
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1 enforcement powers and responsibilities under this Article,
2 the Illinois Department may provide by rule for periodic or
3 other review of each administrative and court order for
4 support to determine whether a modification of the order
5 should be sought. The Illinois Department shall provide for
6 and conduct such review in accordance with any applicable
7 federal law and regulation.
8 As part of its process for review of orders for support,
9 the Illinois Department, through written notice, may require
10 the responsible relative to disclose his or her Social
11 Security Number and past and present information concerning
12 the relative's address, employment, gross wages, deductions
13 from gross wages, net wages, bonuses, commissions, number of
14 dependent exemptions claimed, individual and dependent health
15 insurance coverage, and any other information necessary to
16 determine the relative's ability to provide support in a case
17 receiving child and spouse support services under this
18 Article X.
19 If the responsible relative fails to fully respond to the
20 notice for information within 15 days after the date the
21 relative receives the notice, The Illinois Department may
22 send a written request for the same information to the
23 relative's employer. The employer shall respond to the
24 request for information within 15 days after the date the
25 employer receives the request. If the employer willfully
26 fails to fully respond within the 15-day period, the employer
27 shall pay a penalty of $100 for each day that the response is
28 not provided to the Illinois Department after the 15-day
29 period has expired. The penalty may be collected in a civil
30 action which may be brought against the employer in favor of
31 the Illinois Department.
32 A written request for information sent to an employer
33 pursuant to this Section shall consist of (i) a citation of
34 this Section as the statutory authority for the request and
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1 for the employer's obligation to provide the requested
2 information, (ii) a returnable form setting forth the
3 employer's name and address and listing the name of the
4 employee with respect to whom information is requested, and
5 (iii) a citation of this Section as the statutory authority
6 authorizing the employer to withhold a fee of up to $20 from
7 the wages or income to be paid to each responsible relative
8 for providing the information to the Illinois Department
9 within the 15-day period. If the employer is withholding
10 support payments from the responsible relative's income
11 pursuant to an order for withholding, the employer may
12 withhold the fee provided for in this Section only after
13 withholding support as required under the order. Any amounts
14 withheld from the responsible relative's income for payment
15 of support and the fee provided for in this Section shall not
16 be in excess of the amounts permitted under the federal
17 Consumer Credit Protection Act.
18 In a case receiving child and spouse support services,
19 the Illinois Department may request and obtain information
20 from a particular employer under this Section no more than
21 once in any 12-month period, unless the information is
22 necessary to conduct a review of a court or administrative
23 order for support at the request of the person receiving
24 child and spouse support services.
25 The Illinois Department shall establish and maintain an
26 administrative unit to receive and transmit to the Child and
27 Spouse Support Unit information supplied by persons applying
28 for or receiving child and spouse support services under
29 Section 10-1. In addition, the Illinois Department shall
30 address and respond to any alleged deficiencies that persons
31 receiving or applying for services from the Child and Spouse
32 Support Unit may identify concerning the Child and Spouse
33 Support Unit's provision of child and spouse support
34 services. Within 60 days after an action or failure to act by
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1 the Child and Spouse Support Unit that affects his or her
2 case, a recipient of or applicant for child and spouse
3 support services under Article X of this Code may request an
4 explanation of the Unit's handling of the case. At the
5 requestor's option, the explanation may be provided either
6 orally in an interview, in writing, or both. If the Illinois
7 Department fails to respond to the request for an explanation
8 or fails to respond in a manner satisfactory to the applicant
9 or recipient within 30 days from the date of the request for
10 an explanation, the applicant or recipient may request a
11 conference for further review of the matter by the Office of
12 the Administrator of the Child and Spouse Support Unit. A
13 request for a conference may be submitted at any time within
14 60 days after the explanation has been provided by the Child
15 and Spouse Support Unit or within 60 days after the time for
16 providing the explanation has expired.
17 The applicant or recipient may request a conference
18 concerning any decision denying or terminating child or
19 spouse support services under Article X of this Code, and the
20 applicant or recipient may also request a conference
21 concerning the Unit's failure to provide services or the
22 provision of services in an amount or manner that is
23 considered inadequate. For purposes of this Section, the
24 Child and Spouse Support Unit includes all local governmental
25 units or individuals with whom the Illinois Department has
26 contracted under Section 10-3.1.
27 Upon receipt of a timely request for a conference, the
28 Office of the Administrator shall review the case. The
29 applicant or recipient requesting the conference shall be
30 entitled, at his or her option, to appear in person or to
31 participate in the conference by telephone. The applicant or
32 recipient requesting the conference shall be entitled to be
33 represented and to be afforded a reasonable opportunity to
34 review the Illinois Department's file before or at the
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1 conference. At the conference, the applicant or recipient
2 requesting the conference shall be afforded an opportunity to
3 present all relevant matters in support of his or her claim.
4 Conferences shall be without cost to the applicant or
5 recipient requesting the conference and shall be conducted by
6 a representative of the Child or Spouse Support Unit who did
7 not participate in the action or inaction being reviewed.
8 The Office of the Administrator shall conduct a
9 conference and inform all interested parties, in writing, of
10 the results of the conference within 60 days from the date of
11 filing of the request for a conference.
12 In addition to its other powers and responsibilities
13 established by this Article, the Child and Spouse Support
14 Unit shall conduct an annual assessment of each institution's
15 program for institution based paternity establishment under
16 Section 12 of the Vital Records Act.
17 (Source: P.A. 88-307; 88-687, eff. 1-24-95.)
18 (305 ILCS 5/10-3.3)
19 Sec. 10-3.3. Locating support obligor and others;
20 penalties.
21 (a) The Child and Spouse Support Unit may request and
22 receive from employers, labor unions, telephone companies,
23 and utility companies location information concerning
24 putative fathers and noncustodial parents for the purpose of
25 establishing a child's paternity or establishing, enforcing,
26 or modifying a child support obligation. In this Section,
27 "location information" means information about (i) the
28 physical whereabouts of a putative father or noncustodial
29 parent, (ii) the putative father or noncustodial parent's
30 employer, or (iii) the salary, wages, and other compensation
31 paid and the health insurance coverage provided to the
32 putative father or noncustodial parent by the employer of the
33 putative father or noncustodial parent or by a labor union of
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1 which the putative father or noncustodial parent is a member.
2 The employer of a putative father or noncustodial parent
3 or the labor union of which the putative father or
4 noncustodial parent is a member shall respond to the request
5 of the Child and Spouse Support Unit within 15 days after the
6 employer or labor union receives the request. Any employer
7 or labor union that willfully fails to fully respond within
8 the 15-day period shall be subject to a penalty of $100 for
9 each day that the response is not provided to the Illinois
10 Department after the 15-day period has expired. The penalty
11 may be collected in a civil action, which may be brought
12 against the employer or labor union in favor of the Illinois
13 Department.
14 (b) Pursuant to an administrative subpoena as authorized
15 under this Code, the Child and Spouse Support Unit may
16 request and receive from utility companies and cable
17 television companies location information concerning
18 individuals who owe or are owed support or against whom or
19 with respect to whom a support obligation is sought.
20 (Source: P.A. 89-395, eff. 1-1-96.)
21 (305 ILCS 5/10-3.4 new)
22 Sec. 10-3.4. Obtaining location information.
23 (a) The Illinois Department shall enter into agreements
24 with the Department of State Police and the Secretary of
25 State to obtain location information on persons for the
26 purpose of establishing paternity, and establishing,
27 modifying, and enforcing child support obligations.
28 (b) Upon request, the Illinois Department shall provide
29 information obtained pursuant to this Section to federal
30 agencies and other states' agencies conducting child support
31 enforcement activities under Title IV, Part D of the Social
32 Security Act.
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1 (305 ILCS 5/10-6) (from Ch. 23, par. 10-6)
2 Sec. 10-6. Investigation and Determination. The
3 administrative enforcement unit shall review the forms or
4 questionnaires returned by each responsible relative and
5 supplement the information provided therein, where required,
6 by such additional consultations with the responsible
7 relative and such other investigations as may be necessary,
8 including genetic testing if paternity is an issue and,
9 applying the standard or guidelines and regulations
10 established by the Illinois Department, shall determine
11 whether and the extent to which, the responsible relative
12 individually or together in any combination, are reasonably
13 able to provide support. If the child was born out of wedlock
14 and the case is subject to the voluntary acknowledgment of
15 paternity or the administrative determination of paternity
16 under rules established under Section 10-17.7, the Child and
17 Spouse Support Unit of the Illinois Department shall
18 determine the child support obligation under subsection (b)
19 of Section 10-7 upon establishing the child's paternity. If
20 the child's paternity was established by judicial or
21 administrative process in any other state, the Illinois
22 Department may use administrative processes contained in this
23 Article X to establish a child support order.
24 In aid of its investigative authority, the Child and
25 Spouse Support Unit of the Illinois Department may use the
26 subpoena power as set forth in this Article.
27 The Illinois Department, by rule, may authorize the
28 administrative enforcement units to conduct periodic or other
29 reinvestigations and redeterminations of the financial
30 ability of responsible relatives. Any redeterminations shall
31 have the effect of altering, amending, or modifying previous
32 determinations and administrative orders entered pursuant to
33 Sections 10-7 and 10-11. However, any redetermination which
34 establishes liability for support or reimbursement, or which
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1 modifies the support or reimbursement liability specified in
2 a prior order, shall be subject to the provisions of Section
3 10-12 and the administrative and judicial review procedures
4 herein provided for original orders.
5 (Source: P.A. 88-687, eff. 1-24-95; 89-641, eff. 8-9-96.)
6 (305 ILCS 5/10-8.1 new)
7 Sec. 10-8.1. Temporary order for child support.
8 Notwithstanding any other law to the contrary, pending the
9 outcome of an administrative determination of parentage, the
10 Illinois Department shall issue a temporary order for child
11 support, upon motion by a party and a showing of clear and
12 convincing evidence of paternity. In determining the amount
13 of the temporary child support award, the Illinois Department
14 shall use the guidelines and standards set forth in
15 subsection (a) of Section 505 and in Section 505.2 of the
16 Illinois Marriage and Dissolution of Marriage Act.
17 Any new or existing support order entered by the Illinois
18 Department under this Section shall be deemed to be a series
19 of judgments against the person obligated to pay support
20 thereunder, each such judgment to be in the amount of each
21 payment or installment of support and each judgment to be
22 deemed entered as of the date the corresponding payment or
23 installment becomes due under the terms of the support order.
24 Each such judgment shall have the full force, effect, and
25 attributes of any other judgment of this State, including the
26 ability to be enforced. Any such judgment is subject to
27 modification or termination only in accordance with Section
28 510 of the Illinois Marriage and Dissolution of Marriage Act.
29 A lien arises by operation of law against the real and
30 personal property of the noncustodial parent for each
31 installment of overdue support owed by the noncustodial
32 parent.
33 All orders for support entered or modified in a case in
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1 which a party is receiving child and spouse support services
2 under this Article X shall include a provision requiring the
3 non-custodial parent to notify the Illinois Department,
4 within 7 days, (i) of the name, address, and telephone number
5 of any new employer of the non-custodial parent, (ii) whether
6 the non-custodial parent has access to health insurance
7 coverage through the employer or other group coverage, and,
8 if so, the policy name and number and the names of persons
9 covered under the policy, and (iii) of any new residential or
10 mailing address or telephone number of the non-custodial
11 parent.
12 In any subsequent action to enforce a support order, upon
13 sufficient showing that diligent effort has been made to
14 ascertain the location of the non-custodial parent, service
15 of process or provision of notice necessary in that action
16 may be made at the last known address of the non-custodial
17 parent, in any manner expressly provided by the Code of Civil
18 Procedure or this Act, which service shall be sufficient for
19 purposes of due process.
20 An order for support shall include a date on which the
21 current support obligation terminates. The termination date
22 shall be no earlier than the date on which the child covered
23 by the order will attain the age of majority or is otherwise
24 emancipated. The order for support shall state that the
25 termination date does not apply to any arrearage that may
26 remain unpaid on that date. Nothing in this paragraph shall
27 be construed to prevent the Illinois Department from
28 modifying the order.
29 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
30 Sec. 10-10. Court enforcement; applicability also to
31 persons who are not applicants or recipients. Except where
32 the Illinois Department, by agreement, acts for the local
33 governmental unit, as provided in Section 10-3.1, local
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1 governmental units shall refer to the State's Attorney or to
2 the proper legal representative of the governmental unit, for
3 judicial enforcement as herein provided, instances of
4 non-support or insufficient support when the dependents are
5 applicants or recipients under Article VI. The Child and
6 Spouse Support Unit established by Section 10-3.1 may
7 institute in behalf of the Illinois Department any actions
8 under this Section for judicial enforcement of the support
9 liability when the dependents are (a) applicants or
10 recipients under Articles III, IV, V or VII (b) applicants or
11 recipients in a local governmental unit when the Illinois
12 Department, by agreement, acts for the unit; or (c)
13 non-applicants or non-recipients who are receiving support
14 enforcement services under this Article X, as provided in
15 Section 10-1. Where the Child and Spouse Support Unit has
16 exercised its option and discretion not to apply the
17 provisions of Sections 10-3 through 10-8, the failure by the
18 Unit to apply such provisions shall not be a bar to bringing
19 an action under this Section.
20 Action shall be brought in the circuit court to obtain
21 support, or for the recovery of aid granted during the period
22 such support was not provided, or both for the obtainment of
23 support and the recovery of the aid provided. Actions for
24 the recovery of aid may be taken separately or they may be
25 consolidated with actions to obtain support. Such actions
26 may be brought in the name of the person or persons requiring
27 support, or may be brought in the name of the Illinois
28 Department or the local governmental unit, as the case
29 requires, in behalf of such persons.
30 The court may enter such orders for the payment of moneys
31 for the support of the person as may be just and equitable
32 and may direct payment thereof for such period or periods of
33 time as the circumstances require, including support for a
34 period before the date the order for support is entered. The
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1 order may be entered against any or all of the defendant
2 responsible relatives and may be based upon the proportionate
3 ability of each to contribute to the person's support.
4 The Court shall determine the amount of child support
5 (including child support for a period before the date the
6 order for child support is entered) by using the guidelines
7 and standards set forth in subsection (a) of Section 505 and
8 in Section 505.2 of the Illinois Marriage and Dissolution of
9 Marriage Act. For purposes of determining the amount of child
10 support to be paid for a period before the date the order for
11 child support is entered, there is a rebuttable presumption
12 that the responsible relative's net income for that period
13 was the same as his or her net income at the time the order
14 is entered.
15 The Court shall determine the amount of maintenance using
16 the standards set forth in Section 504 of the Illinois
17 Marriage and Dissolution of Marriage Act.
18 Any new or existing support order entered by the court
19 under this Section shall be deemed to be a series of
20 judgments against the person obligated to pay support
21 thereunder, each such judgment to be in the amount of each
22 payment or installment of support and each such judgment to
23 be deemed entered as of the date the corresponding payment or
24 installment becomes due under the terms of the support order.
25 Each such judgment shall have the full force, effect and
26 attributes of any other judgment of this State, including the
27 ability to be enforced. Any such judgment is subject to
28 modification or termination only in accordance with Section
29 510 of the Illinois Marriage and Dissolution of Marriage Act.
30 A lien arises by operation of law against the real and
31 personal property of the noncustodial parent for each
32 installment of overdue support owed by the noncustodial
33 parent.
34 When an order is entered for the support of a minor, the
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1 court may provide therein for reasonable visitation of the
2 minor by the person or persons who provided support pursuant
3 to the order. Whoever willfully refuses to comply with such
4 visitation order or willfully interferes with its enforcement
5 may be declared in contempt of court and punished therefor.
6 Except where the local governmental unit has entered into
7 an agreement with the Illinois Department for the Child and
8 Spouse Support Unit to act for it, as provided in Section
9 10-3.1, support orders entered by the court in cases
10 involving applicants or recipients under Article VI shall
11 provide that payments thereunder be made directly to the
12 local governmental unit. Orders for the support of all other
13 applicants or recipients shall provide that payments
14 thereunder be made directly to the Illinois Department. In
15 accordance with federal law and regulations, the Illinois
16 Department may continue to collect current maintenance
17 payments or child support payments, or both, after those
18 persons cease to receive public assistance and until
19 termination of services under Article X. The Illinois
20 Department shall pay the net amount collected to those
21 persons after deducting any costs incurred in making the
22 collection or any collection fee from the amount of any
23 recovery made. In both cases the order shall permit the
24 local governmental unit or the Illinois Department, as the
25 case may be, to direct the responsible relative or relatives
26 to make support payments directly to the needy person, or to
27 some person or agency in his behalf, upon removal of the
28 person from the public aid rolls or upon termination of
29 services under Article X.
30 If the notice of support due issued pursuant to Section
31 10-7 directs that support payments be made directly to the
32 needy person, or to some person or agency in his behalf, and
33 the recipient is removed from the public aid rolls, court
34 action may be taken against the responsible relative
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1 hereunder if he fails to furnish support in accordance with
2 the terms of such notice.
3 Actions may also be brought under this Section in behalf
4 of any person who is in need of support from responsible
5 relatives, as defined in Section 2-11 of Article II who is
6 not an applicant for or recipient of financial aid under this
7 Code. In such instances, the State's Attorney of the county
8 in which such person resides shall bring action against the
9 responsible relatives hereunder. If the Illinois Department,
10 as authorized by Section 10-1, extends the support services
11 provided by this Article to spouses and dependent children
12 who are not applicants or recipients under this Code, the
13 Child and Spouse Support Unit established by Section 10-3.1
14 shall bring action against the responsible relatives
15 hereunder and any support orders entered by the court in such
16 cases shall provide that payments thereunder be made directly
17 to the Illinois Department.
18 Whenever it is determined in a proceeding to establish or
19 enforce a child support or maintenance obligation that the
20 person owing a duty of support is unemployed, the court may
21 order the person to seek employment and report periodically
22 to the court with a diary, listing or other memorandum of his
23 or her efforts in accordance with such order. Additionally,
24 the court may order the unemployed person to report to the
25 Department of Employment Security for job search services or
26 to make application with the local Jobs Training Partnership
27 Act provider for participation in job search, training or
28 work programs and where the duty of support is owed to a
29 child receiving support services under this Article X, the
30 court may order the unemployed person to report to the
31 Illinois Department for participation in job search, training
32 or work programs established under Section 9-6 and Article
33 IXA of this Code.
34 Whenever it is determined that a person owes past-due
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1 support for a child receiving assistance under this Code, the
2 court shall order at the request of the Illinois Department:
3 (1) that the person pay the past-due support in
4 accordance with a plan approved by the court; or
5 (2) if the person owing past-due support is
6 unemployed, is subject to such a plan, and is not
7 incapacitated, that the person participate in such job
8 search, training, or work programs established under
9 Section 9-6 and Article IXA of this Code as the court
10 deems appropriate.
11 A determination under this Section shall not be
12 administratively reviewable by the procedures specified in
13 Sections 10-12, and 10-13 to 10-13.10. Any determination
14 under these Sections, if made the basis of court action under
15 this Section, shall not affect the de novo judicial
16 determination required under this Section.
17 A one-time charge of 20% is imposable upon the amount of
18 past-due child support owed on July 1, 1988 which has accrued
19 under a support order entered by the court. The charge shall
20 be imposed in accordance with the provisions of Section 10-21
21 of this Code and shall be enforced by the court upon
22 petition.
23 All orders An order for support, when entered or
24 modified, in a case in which a party is receiving child and
25 spouse support services under this Article X shall include a
26 provision requiring the non-custodial parent to notify the
27 court and, in cases in which a party is receiving child and
28 spouse support services under this Article X, the Illinois
29 Department, within 7 days, (i) of the name, and address, and
30 telephone number of any new employer of the non-custodial
31 parent, (ii) whether the non-custodial parent has access to
32 health insurance coverage through the employer or other group
33 coverage, and, if so, the policy name and number and the
34 names of persons covered under the policy, and (iii) of any
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1 new residential or mailing address or telephone number of the
2 non-custodial parent. In any subsequent action to enforce a
3 support order, upon a sufficient showing that a diligent
4 effort has been made to ascertain the location of the
5 non-custodial parent, service of process or provision of
6 notice necessary in the case may be made at the last known
7 address of the non-custodial parent in any manner expressly
8 provided by the Code of Civil Procedure or this Code, which
9 service shall be sufficient for purposes of due process.
10 In cases in which a party is receiving child and spouse
11 support services under this Article X and the order for
12 support provides that child support payments be made to the
13 obligee, the Illinois Department of Public Aid may provide
14 notice to the obligor and the obligor's payor, when income
15 withholding is in effect under Section 10-16.2, to make all
16 payments after receipt of the Illinois Department's notice to
17 the clerk of the court until further notice by the Illinois
18 Department or order of the court. Copies of the notice shall
19 be provided to the obligee and the clerk. The clerk's copy
20 shall contain a proof of service on the obligor and the
21 obligor's payor, where applicable. The clerk shall file the
22 clerk's copy of the notice in the court file. The notice to
23 the obligor and the payor, if applicable, may be sent by
24 ordinary mail, certified mail, return receipt requested,
25 facsimile transmission, or other electronic process, or may
26 be served upon the obligor or payor using any method provided
27 by law for service of a summons. An obligor who fails to
28 comply with a notice provided under this paragraph is guilty
29 of a Class B misdemeanor. A payor who fails to comply with a
30 notice provided under this paragraph is guilty of a business
31 offense and subject to a fine of up to $1,000.
32 An order for support shall include a date on which the
33 current support obligation terminates. The termination date
34 shall be no earlier than the date on which the child covered
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1 by the order will attain the age of majority or is otherwise
2 emancipated. The order for support shall state that the
3 termination date does not apply to any arrearage that may
4 remain unpaid on that date. Nothing in this paragraph shall
5 be construed to prevent the court from modifying the order.
6 Upon notification in writing or by electronic
7 transmission from the Illinois Department to the clerk of the
8 court that a person who is receiving support payments under
9 this Section is receiving services under the Child Support
10 Enforcement Program established by Title IV-D of the Social
11 Security Act, any support payments subsequently received by
12 the clerk of the court shall be transmitted in accordance
13 with the instructions of the Illinois Department until the
14 Illinois Department gives notice to the clerk of the court to
15 cease the transmittal. After providing the notification
16 authorized under this paragraph, the Illinois Department
17 shall be entitled as a party to notice of any further
18 proceedings in the case. The clerk of the court shall file a
19 copy of the Illinois Department's notification in the court
20 file. The clerk's failure to file a copy of the
21 notification in the court file shall not, however, affect the
22 Illinois Department's right to receive notice of further
23 proceedings.
24 Payments under this Section to the Illinois Department
25 pursuant to the Child Support Enforcement Program established
26 by Title IV-D of the Social Security Act shall be paid into
27 the Child Support Enforcement Trust Fund. All other payments
28 under this Section to the Illinois Department shall be
29 deposited in the Public Assistance Recoveries Trust Fund.
30 Disbursements from these funds shall be as provided in
31 Sections 12-9 and 12-10.2 of this Code. Payments received by
32 a local governmental unit shall be deposited in that unit's
33 General Assistance Fund.
34 (Source: P.A. 88-307; 88-687, eff. 1-24-95.)
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1 (305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
2 Sec. 10-11. Administrative Orders. In lieu of actions
3 for court enforcement of support under Section 10-10, the
4 Child and Spouse Support Unit of the Illinois Department, in
5 accordance with the rules of the Illinois Department, may
6 issue an administrative order requiring the responsible
7 relative to comply with the terms of the determination and
8 notice of support due, determined and issued under Sections
9 10-6 and 10-7. The Unit may also enter an administrative
10 order under subsection (b) of Section 10-7. The
11 administrative order shall be served upon the responsible
12 relative by United States registered or certified mail.
13 If a responsible relative fails to petition the Illinois
14 Department for release from or modification of the
15 administrative order, as provided in Section 10-12, the order
16 shall become final and there shall be no further
17 administrative or judicial remedy. Likewise a decision by
18 the Illinois Department as a result of an administrative
19 hearing, as provided in Sections 10-13 to 10-13.10, shall
20 become final and enforceable if not judicially reviewed under
21 the Administrative Review Law, as provided in Section 10-14.
22 Any new or existing support order entered by the Illinois
23 Department under this Section shall be deemed to be a series
24 of judgments against the person obligated to pay support
25 thereunder, each such judgment to be in the amount of each
26 payment or installment of support and each such judgment to
27 be deemed entered as of the date the corresponding payment or
28 installment becomes due under the terms of the support order.
29 Each such judgment shall have the full force, effect and
30 attributes of any other judgment of this State, including the
31 ability to be enforced. Any such judgment is subject to
32 modification or termination only in accordance with Section
33 510 of the Illinois Marriage and Dissolution of Marriage Act.
34 A lien arises by operation of law against the real and
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1 personal property of the noncustodial parent for each
2 installment of overdue support owed by the noncustodial
3 parent.
4 A one-time charge of 20% is imposable upon the amount of
5 past-due child support owed on July 1, 1988, which has
6 accrued under a support order entered by the Illinois
7 Department under this Section. The charge shall be imposed
8 in accordance with the provisions of Section 10-21 and shall
9 be enforced by the court in a suit filed under Section 10-15.
10 (Source: P.A. 85-1156.)
11 (305 ILCS 5/10-11.1) (from Ch. 23, par. 10-11.1)
12 Sec. 10-11.1. (a) Whenever it is determined in a
13 proceeding under Sections 10-6, 10-7, 10-11 or 10-17.1 that
14 the responsible relative is unemployed, and support is sought
15 on behalf of applicants for or recipients of financial aid
16 under Article IV of this Code or other persons who are given
17 access to the child and spouse support services of this
18 Article as provided in Section 10-1, the administrative
19 enforcement unit may order the responsible relative to report
20 to the Illinois Department for participation in job search,
21 training or work programs established under Section 9-6 and
22 Article IXA of this Code or to the Illinois Department of
23 Employment Security for job search services or to make
24 application with the local Jobs Training Partnership Act
25 provider for participation in job search, training or work
26 programs.
27 (b) Whenever it is determined that a responsible
28 relative owes past-due support for a child under an
29 administrative support order entered under subsection (b) of
30 Section 10-7 or under Section 10-11 or 10-17.1 and the child
31 is receiving assistance under this Code, the administrative
32 enforcement unit shall order the following:
33 (1) that the responsible relative pay the past-due
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1 support in accordance with a plan approved by the
2 administrative enforcement unit; or
3 (2) if the responsible relative owing past-due
4 support is unemployed, is subject to such a plan, and is
5 not incapacitated, that the responsible relative
6 participate in job search, training, or work programs
7 established under Section 9-6 and Article IXA of this
8 Code.
9 (Source: P.A. 85-1155.)
10 (305 ILCS 5/10-16.2) (from Ch. 23, par. 10-16.2)
11 (Text of Section before amendment by P.A. 89-507)
12 Sec. 10-16.2. Withholding of Income to Secure Payment of
13 Support.
14 (A) Definitions.
15 (1) "Order for support" means any order of the court
16 which provides for periodic payment of funds for the support
17 of a child or maintenance of a spouse, whether temporary or
18 final, and includes any such order which provides for:
19 (a) Modification or resumption of, or payment of
20 arrearage accrued under, a previously existing order;
21 (b) Reimbursement of support; or
22 (c) Enrollment in a health insurance plan that is
23 available to the obligor through an employer or labor
24 union or trade union.
25 (2) "Arrearage" means the total amount of unpaid support
26 obligations.
27 (3) "Delinquency" means any payment under an order for
28 support which becomes due and remains unpaid after an order
29 for withholding has been entered under subsection (B) or, for
30 purposes of subsection (K), after the last order for support
31 was entered for which no order for withholding was entered.
32 (4) "Income" means any form of periodic payment to an
33 individual, regardless of source, including, but not limited
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1 to: wages, salary, commission, compensation as an independent
2 contractor, workers' compensation, disability, annuity and
3 retirement benefits, lottery prize awards, insurance
4 proceeds, vacation pay, bonuses, profit-sharing payments and
5 any other payments, made by any person, private entity,
6 federal or state government, any unit of local government,
7 school district or any entity created by Public Act; however,
8 "income" excludes:
9 (a) Any amounts required by law to be withheld,
10 other than creditor claims, including, but not limited
11 to, federal, State and local taxes, Social Security and
12 other retirement and disability contributions;
13 (b) Union dues;
14 (c) Any amounts exempted by the federal Consumer
15 Credit Protection Act;
16 (d) Public assistance payments; and
17 (e) Unemployment insurance benefits except as
18 provided by law.
19 Any other State or local laws which limit or exempt
20 income or the amount or percentage of income that can be
21 withheld shall not apply.
22 (5) "Obligor" means the individual who owes a duty to
23 make payments under an order for support.
24 (6) "Obligee" means the individual to whom a duty of
25 support is owed or the individual's legal representative.
26 (7) "Payor" means any payor of income to an obligor.
27 (8) "Public office" means any elected official or any
28 State or local agency which is or may become responsible by
29 law for enforcement of, or which is or may become authorized
30 to enforce, an order for support, including, but not limited
31 to: the Attorney General, the Illinois Department of Public
32 Aid, the Illinois Department of Mental Health and
33 Developmental Disabilities, the Illinois Department of
34 Children and Family Services, and the various State's
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1 Attorneys, Clerks of the Circuit Court and supervisors of
2 general assistance.
3 (9) "Premium" means the dollar amount for which the
4 obligor is liable to his employer or labor union or trade
5 union and which must be paid to enroll or maintain a child in
6 a health insurance plan that is available to the obligor
7 through an employer or labor union or trade union.
8 (B) Entry of an Order for Withholding.
9 (1) Upon entry of any order for support on or after
10 January 1, 1984, the court shall enter a separate order for
11 withholding which shall not take effect unless the obligor
12 becomes delinquent in paying the order for support or the
13 obligor requests an earlier effective date; except that the
14 court may require the order for withholding to take effect
15 immediately.
16 On or after January 1, 1989, the court shall require the
17 order for withholding to take effect immediately, unless a
18 written agreement is reached between and signed by both
19 parties providing for an alternative arrangement, approved
20 and entered into the record by the court, which insures
21 payment of support. In that case, the court shall enter the
22 order for withholding which will not take effect unless the
23 obligor becomes delinquent in paying the order for support.
24 Upon entry of any order of support on or after September
25 11, 1989, if the obligor is not a United States citizen, the
26 obligor shall provide to the court the obligor's alien
27 registration number, passport number, and home country's
28 social security or national health number, if applicable; the
29 court shall make the information part of the record in the
30 case.
31 (2) An order for withholding shall be entered upon
32 petition by the obligee or public office where an order for
33 withholding has not been previously entered.
34 (3) The order for withholding shall:
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1 (a) Direct any payor to withhold a dollar amount
2 equal to the order for support; and
3 (b) Direct any payor to withhold an additional
4 dollar amount, not less than 20% of the order for
5 support, until payment in full of any delinquency stated
6 in the notice of delinquency provided for in subsection
7 (C) or (F) of this Section; and
8 (c) Direct any payor or labor union or trade union
9 to enroll a child as a beneficiary of a health insurance
10 plan and withhold or cause to be withheld, if
11 applicable, any required premium; and
12 (d) State the rights, remedies and duties of the
13 obligor under this Section; and
14 (e) Include the obligor's Social Security Number,
15 which the obligor shall disclose to the court; and
16 (f) Include the date that withholding for current
17 support terminates, which shall be the date of
18 termination of the current support obligation set forth
19 in the order for support.
20 (4) At the time the order for withholding is entered,
21 the Clerk of the Circuit Court shall provide a copy of the
22 order for withholding and the order for support to the
23 obligor and shall make copies available to the obligee and
24 public office. Any copy of the order for withholding
25 furnished to the parties under this subsection shall be
26 stamped "Not Valid".
27 (5) The order for withholding shall remain in effect for
28 as long as the order for support upon which it is based.
29 (6) The failure of an order for withholding to state an
30 arrearage is not conclusive of the issue of whether an
31 arrearage is owing.
32 (7) Notwithstanding the provisions of this subsection,
33 if the court finds at the time of any hearing that an
34 arrearage has accrued in an amount equal to at least one
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1 month's support obligation or that the obligor is 30 days
2 late in paying all or part of the order for support, the
3 court shall order immediate service of the order for
4 withholding upon the payor.
5 (8) Where the court has not required that the order for
6 withholding take effect immediately, the obligee or public
7 office may prepare and serve a notice for immediate
8 withholding upon the obligor by ordinary mail addressed to
9 the obligor at his or her last known address. The notice
10 shall state that the following circumstances have occurred:
11 (a) The parties' written agreement providing an
12 alternative arrangement to immediate withholding under
13 paragraph (1) of this subsection no longer provides for
14 timely payment of all support due; or
15 (b) The obligor has not made timely payments in
16 that the obligor has been at least 7 days late in paying
17 all or part of the order for support any of the last 6
18 consecutive dates payments were due prior to the date of
19 the notice for immediate withholding.
20 The notice for immediate withholding shall clearly state
21 that a specially certified copy of the order for withholding
22 will be sent to the payor, unless the obligor files a
23 petition contesting immediate withholding within 20 days
24 after service of the notice; however, the grounds for the
25 petition shall be limited to a dispute concerning whether the
26 circumstances stated in the notice have occurred or the
27 identity of the obligor. It shall not be grounds for the
28 petition that the obligor has made all payments due by the
29 date of the petition.
30 If the obligor files a petition contesting immediate
31 withholding within the 20-day period required under this
32 paragraph, the Clerk of the Circuit Court shall notify the
33 obligor and the obligee or public office, as appropriate, of
34 the time and place of the hearing on the petition. Upon
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1 hearing the petition, the court shall enter an order granting
2 or denying relief. It shall not be grounds for granting the
3 obligor's petition that he or she has made all payments due
4 by the date of hearing. If the court denies the obligor's
5 petition, it shall order immediate service of the order for
6 withholding and direct the clerk to provide a specially
7 certified copy of the order for withholding to the obligee or
8 public office indicating that the requirements for immediate
9 withholding under this paragraph have been met.
10 If the obligor does not file a petition contesting
11 immediate withholding within the 20-day period, the obligee
12 or public office shall file with the Clerk of the Circuit
13 Court an affidavit, with a copy of the notice for immediate
14 withholding attached thereto, stating that the notice was
15 duly served and the date on which service was effected, and
16 that the obligor has not filed a petition contesting
17 immediate withholding. The clerk shall then provide to the
18 obligee or public office a specially certified copy of the
19 order for withholding indicating that the requirements for
20 immediate withholding under this paragraph have been met.
21 Upon receipt of a specially certified copy of the order
22 for withholding, the obligee or public office may serve the
23 order on the payor, its superintendent, manager or other
24 agent, by certified mail or personal delivery. A proof of
25 service shall be filed with the Clerk of the Circuit Court.
26 (C) Notice of Delinquency.
27 (1) Whenever an obligor becomes delinquent in payment of
28 an amount equal to at least one month's support obligation
29 pursuant to the order for support or is at least 30 days late
30 in complying with all or part of the order for support,
31 whichever occurs first, the obligee or public office may
32 prepare and serve a verified notice of delinquency, together
33 with a form petition to stay service, pursuant to paragraph
34 (3) of this subsection.
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1 (2) The notice of delinquency shall recite the terms of
2 the order for support and contain a computation of the period
3 and total amount of the delinquency, as of the date of the
4 notice. The notice shall clearly state that it will be sent
5 to the payor, together with a specially certified copy of the
6 order for withholding, except as provided in subsection (F),
7 unless the obligor files a petition to stay service in
8 accordance with paragraph (1) of subsection (D).
9 (3) The notice of delinquency shall be served by
10 ordinary mail addressed to the obligor at his or her last
11 known address.
12 (4) The obligor may execute a written waiver of the
13 provisions of paragraphs (1) through (3) of this subsection
14 and request immediate service upon the payor.
15 (D) Procedures to Avoid Income Withholding.
16 (1) Except as provided in subsection (F), the obligor
17 may prevent an order for withholding from being served by
18 filing a petition to stay service with the Clerk of the
19 Circuit Court, within 20 days after service of the notice of
20 delinquency; however, the grounds for the petition to stay
21 service shall be limited to:
22 (a) A dispute concerning the amount of current
23 support or the existence or amount of the delinquency;
24 (b) The identity of the obligor.
25 The Clerk of the Circuit Court shall notify the obligor
26 and the obligee or public office, as appropriate, of the time
27 and place of the hearing on the petition to stay service. The
28 court shall hold such hearing pursuant to the provisions of
29 subsection (H).
30 (2) Except as provided in subsection (F), filing of a
31 petition to stay service, within the 20-day period required
32 under this subsection, shall prohibit the obligee or public
33 office from serving the order for withholding on any payor of
34 the obligor.
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1 (E) Initial Service of Order for Withholding.
2 (1) Except as provided in subsection (F), in order to
3 serve an order for withholding upon a payor, an obligee or
4 public office shall follow the procedures set forth in this
5 subsection. After 20 days following service of the notice of
6 delinquency, the obligee or public office shall file with the
7 Clerk of the Circuit Court an affidavit, with the copy of the
8 notice of delinquency attached thereto, stating:
9 (a) that the notice of delinquency has been duly
10 served and the date on which service was effected; and
11 (b) that the obligor has not filed a petition to
12 stay service, or in the alternative
13 (c) that the obligor has waived the provisions of
14 subparagraphs (a) and (b) of this paragraph (1) in
15 accordance with subsection (C)(4).
16 (2) Upon request of the obligee or public office, the
17 Clerk of the Circuit Court shall: (a) make available any
18 record of payment; and (b) determine that the file contains a
19 copy of the affidavit described in paragraph (1). The Clerk
20 shall then provide to the obligee or public office a
21 specially certified copy of the order for withholding and the
22 notice of delinquency indicating that the preconditions for
23 service have been met.
24 (3) The obligee or public office may then serve the
25 notice of delinquency and order for withholding on the payor,
26 its superintendent, manager or other agent, by certified mail
27 or personal delivery. A proof of service shall be filed with
28 the Clerk of the Circuit Court.
29 (F) Subsequent Service of Order for Withholding.
30 (1) Notwithstanding the provisions of this Section, at
31 any time after the court has ordered immediate service of an
32 order for withholding or after initial service of an order
33 for withholding pursuant to subsection (E), the obligee or
34 public office may serve the order for withholding upon any
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1 payor of the obligor without further notice to the obligor.
2 The obligee or public office shall provide notice to the
3 payor, pursuant to paragraph (6) of subsection (I), of any
4 payments that have been made through previous withholding or
5 any other method.
6 (2) The Clerk of the Circuit Court shall, upon request,
7 provide the obligee or public office with specially certified
8 copies of the order for withholding or the notice of
9 delinquency or both whenever the Court has ordered immediate
10 service of an order for withholding or an affidavit has been
11 placed in the court file indicating that the preconditions
12 for service have been previously met or that the requirements
13 for immediate withholding under paragraph (8) of subsection B
14 have been previously met. The obligee or public office may
15 then serve the order for withholding on the payor, its
16 superintendent, manager or other agent by certified mail or
17 personal delivery. A proof of service shall be filed with
18 the Clerk of the Circuit Court.
19 (3) If a delinquency has accrued for any reason, the
20 obligee or public office may serve a notice of delinquency
21 upon the obligor pursuant to subsection (C). The obligor may
22 prevent the notice of delinquency from being served upon the
23 payor by utilizing the procedures set forth in subsection
24 (D). If no petition to stay service has been filed within the
25 required 20 day time period, the obligee or public office may
26 serve the notice of delinquency on the payor by utilizing the
27 procedures for service set forth in subsection (E).
28 (G) Duties of Payor.
29 (1) It shall be the duty of any payor who has been
30 served with a copy of the specially certified order for
31 withholding and any notice of delinquency to deduct and pay
32 over income as provided in this subsection. The payor shall
33 deduct the amount designated in the order for withholding, as
34 supplemented by the notice of delinquency and any notice
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1 provided pursuant to paragraph (6) of subsection (I),
2 beginning no later than the next payment of income which is
3 payable to the obligor that occurs 14 days following the date
4 the order and any notice were mailed by certified mail or
5 placed for personal delivery. The payor may combine all
6 amounts withheld for the benefit of an obligee or public
7 office into a single payment and transmit the payment with a
8 listing of obligors from whom withholding has been effected.
9 The payor shall pay the amount withheld to the obligee or
10 public office within 10 calendar days of the date income is
11 paid to the obligor in accordance with the order for
12 withholding and any subsequent notification received from the
13 public office redirecting payments. If the payor knowingly
14 fails to pay any amount withheld to the obligee or public
15 office within 10 calendar days of the date income is paid to
16 the obligor, the payor shall pay a penalty of $100 for each
17 day that the withheld amount is not paid to the obligee or
18 public office after the period of 10 calendar days has
19 expired. The failure of a payor, on more than one occasion,
20 to pay amounts withheld to the obligee or public office
21 within 10 calendar days of the date income is not paid to the
22 obligor creates a presumption that the payor knowingly failed
23 to pay the amounts. This penalty may be collected in a civil
24 action which may be brought against the payor in favor of the
25 obligee. For purposes of this Section, a withheld amount
26 shall be considered paid by a payor on the date it is mailed
27 by the payor, or on the date an electronic funds transfer of
28 the amount has been initiated by the payor, or on the date
29 delivery of the amount has been initiated by the payor. For
30 each deduction, the payor shall provide the obligee or public
31 office, at the time of transmittal, with the date income was
32 paid from which support was withheld.
33 Upon receipt of an order requiring that a minor child be
34 named as a beneficiary of a health insurance plan available
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1 through an employer or labor union or trade union, the
2 employer or labor union or trade union shall immediately
3 enroll the minor child as a beneficiary in the health
4 insurance plan designated by the court order. The employer
5 shall withhold any required premiums and pay over any amounts
6 so withheld and any additional amounts the employer pays to
7 the insurance carrier in a timely manner. The employer or
8 labor union or trade union shall mail to the obligee, within
9 15 days of enrollment or upon request, notice of the date of
10 coverage, information on the dependent coverage plan, and all
11 forms necessary to obtain reimbursement for covered health
12 expenses, such as would be made available to a new employee.
13 When an order for dependent coverage is in effect and the
14 insurance coverage is terminated or changed for any reason,
15 the employer or labor union or trade union shall notify the
16 obligee within 10 days of the termination or change date
17 along with notice of conversion privileges.
18 For withholding of income, the payor shall be entitled to
19 receive a fee not to exceed $5 per month to be taken from the
20 income to be paid to the obligor.
21 (2) Whenever the obligor is no longer receiving income
22 from the payor, the payor shall return a copy of the order
23 for withholding to the obligee or public office and shall
24 provide information for the purpose of enforcing this
25 Section.
26 (3) Withholding of income under this Section shall be
27 made without regard to any prior or subsequent garnishments,
28 attachments, wage assignments, or any other claims of
29 creditors. Withholding of income under this Section shall
30 not be in excess of the maximum amounts permitted under the
31 federal Consumer Credit Protection Act. If the payor has been
32 served with more than one order for withholding pertaining to
33 the same obligor, the payor shall allocate income available
34 for withholding on a proportionate share basis, giving
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1 priority to current support payments. If there is any income
2 available for withholding after withholding for all current
3 support obligations, the payor shall allocate the income to
4 past due support payments ordered in non-AFDC matters and
5 then to past due support payments ordered in AFDC matters,
6 both on a proportionate share basis. Payment as required by
7 the order for withholding shall be a complete defense by the
8 payor against any claims of the obligor or his creditors as
9 to the sum so paid.
10 (4) No payor shall discharge, discipline, refuse to hire
11 or otherwise penalize any obligor because of the duty to
12 withhold income.
13 (H) Petitions to Stay Service or to Modify, Suspend or
14 Terminate Orders for Withholding.
15 (1) When an obligor files a petition to stay service,
16 the court, after due notice to all parties, shall hear the
17 matter as soon as practicable and shall enter an order
18 granting or denying relief, amending the notice of
19 delinquency, amending the order for withholding, where
20 applicable, or otherwise resolving the matter. If the court
21 finds that a delinquency existed when the notice of
22 delinquency was served upon the obligor, in an amount of at
23 least one month's support obligation, or that the obligor was
24 at least 30 days late in paying all or part of the order for
25 support, the court shall order immediate service of the order
26 for withholding. Where the court cannot promptly resolve any
27 dispute over the amount of the delinquency, the court may
28 order immediate service of the order for withholding as to
29 any undisputed amounts specified in an amended notice of
30 delinquency, and may continue the hearing on the disputed
31 amounts.
32 (2) At any time, an obligor, obligee, public office or
33 Clerk of the Circuit Court may petition the court to:
34 (a) Modify, suspend or terminate the order for
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1 withholding because of a modification, suspension or
2 termination of the underlying order for support; or
3 (b) Modify the amount of income to be withheld to
4 reflect payment in full or in part of the delinquency or
5 arrearage by income withholding or otherwise; or
6 (c) Suspend the order for withholding because of
7 inability to deliver income withheld to the obligee due
8 to the obligee's failure to provide a mailing address or
9 other means of delivery.
10 (3) The obligor, obligee or public office shall serve on
11 the payor, by certified mail or personal delivery, a copy of
12 any order entered pursuant to this subsection that affects
13 the duties of the payor.
14 (4) At any time, a public office or Clerk of the Circuit
15 Court may serve a notice on the payor to:
16 (a) cease withholding of income for payment of
17 current support for a child when the support obligation
18 for that child has automatically ceased under the order
19 for support through emancipation or otherwise; or
20 (b) cease withholding of income for payment of
21 delinquency or arrearage when the delinquency or
22 arrearage has been paid in full.
23 (5) The notice provided for under paragraph (4) of this
24 subsection shall be served on the payor by ordinary mail, and
25 a copy shall be provided to the obligor and the obligee. A
26 copy of the notice shall be filed with the Clerk of the
27 Circuit Court.
28 (6) The order for withholding shall continue to be
29 binding upon the payor until service of any order of the
30 court or notice entered or provided for under this
31 subsection.
32 (I) Additional Duties.
33 (1) An obligee who is receiving income withholding
34 payments under this Section shall notify the payor, if the
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1 obligee receives the payments directly from the payor, or the
2 public office or the Clerk of the Circuit Court, as
3 appropriate, of any change of address within 7 days of such
4 change.
5 (2) An obligee who is a recipient of public aid shall
6 send a copy of any notice of delinquency filed pursuant to
7 subsection (C) to the Bureau of Child Support of the Illinois
8 Department of Public Aid.
9 (3) Each obligor shall notify the obligee and the Clerk
10 of the Circuit Court of any change of address within 7 days.
11 (4) An obligor whose income is being withheld or who has
12 been served with a notice of delinquency pursuant to this
13 Section shall notify the obligee and the Clerk of the Circuit
14 Court of any new payor, within 7 days.
15 (5) When the Illinois Department of Public Aid is no
16 longer authorized to receive payments for the obligee, it
17 shall, within 7 days, notify the payor or, where appropriate,
18 the Clerk of the Circuit Court, to redirect income
19 withholding payments to the obligee.
20 (6) The obligee or public office shall provide notice to
21 the payor and Clerk of the Circuit Court of any other support
22 payment made, including but not limited to, a set-off under
23 federal and State law or partial payment of the delinquency
24 or arrearage, or both.
25 (7) Any public office and Clerk of the Circuit Court
26 which collects, disburses or receives payments pursuant to
27 orders for withholding shall maintain complete, accurate, and
28 clear records of all payments and their disbursements.
29 Certified copies of payment records maintained by a public
30 office or Clerk of the Circuit Court shall, without further
31 proof, be admitted into evidence in any legal proceedings
32 under this Section.
33 (8) The Illinois Department of Public Aid shall design
34 suggested legal forms for proceeding under this Section and
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1 shall make available to the courts such forms and
2 informational materials which describe the procedures and
3 remedies set forth herein for distribution to all parties in
4 support actions.
5 (9) At the time of transmitting each support payment,
6 the clerk of the circuit court shall provide the obligee or
7 public office, as appropriate, with any information furnished
8 by the payor as to the date income was paid from which such
9 support was withheld.
10 (J) Penalties.
11 (1) Where a payor wilfully fails to withhold or pay over
12 income pursuant to a properly served, specially certified
13 order for withholding and any notice of delinquency, or
14 wilfully discharges, disciplines, refuses to hire or
15 otherwise penalizes an obligor as prohibited by subsection
16 (G), or otherwise fails to comply with any duties imposed by
17 this Section, the obligee, public office or obligor, as
18 appropriate, may file a complaint with the court against the
19 payor. The clerk of the circuit court shall notify the
20 obligee or public office, as appropriate, and the obligor and
21 payor of the time and place of the hearing on the complaint.
22 The court shall resolve any factual dispute including, but
23 not limited to, a denial that the payor is paying or has paid
24 income to the obligor. Upon a finding in favor of the
25 complaining party, the court:
26 (a) Shall enter judgment and direct the enforcement
27 thereof for the total amount that the payor wilfully
28 failed to withhold or pay over; and
29 (b) May order employment or reinstatement of or
30 restitution to the obligor, or both, where the obligor
31 has been discharged, disciplined, denied employment or
32 otherwise penalized by the payor and may impose a fine
33 upon the payor not to exceed $200.
34 (2) Any obligee, public office or obligor who wilfully
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1 initiates a false proceeding under this Section or who
2 wilfully fails to comply with the requirements of this
3 Section shall be punished as in cases of contempt of court.
4 (K) Alternative Procedures for Entry and Service of an Order
5 for Withholding.
6 (1) Effective January 1, 1987, in any matter in which an
7 order for withholding has not been entered for any reason,
8 based upon the last order for support that has been entered,
9 and in which the obligor has become delinquent in payment of
10 an amount equal to at least one month's support obligation
11 pursuant to the last order for support or is at least 30 days
12 late in complying with all or part of the order for support,
13 the obligee or public office may prepare and serve an order
14 for withholding pursuant to the procedures set forth in this
15 subsection.
16 (2) The obligee or public office shall:
17 (a) Prepare a proposed order for withholding for
18 immediate service as provided by paragraphs (1) and (3)
19 of subsection (B), except that the minimum 20%
20 delinquency payment shall be used;
21 (b) Prepare a notice of delinquency as provided by
22 paragraphs (1) and (2) of subsection (C), except the
23 notice shall state further that the order for withholding
24 has not been entered by the court and the conditions
25 under which the order will be entered; and
26 (c) Serve the notice of delinquency and form
27 petition to stay service as provided by paragraph (3) of
28 subsection (C), together with the proposed order for
29 withholding, which shall be marked "COPY ONLY".
30 (3) After 20 days following service of the notice of
31 delinquency and proposed order for withholding, in lieu of
32 the provisions of subsection (E), the obligee or public
33 office shall file with the Clerk of the Circuit Court an
34 affidavit, with a copy of the notice of delinquency and
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1 proposed order for withholding attached thereto, stating
2 that:
3 (a) The notice of delinquency and proposed order
4 for withholding have been served upon the obligor and the
5 date on which service was effected;
6 (b) The obligor has not filed a petition to stay
7 service within 20 days of service of such notice and
8 order; and
9 (c) The proposed order for withholding accurately
10 states the terms and amounts contained in the last order
11 for support.
12 (4) Upon the court's satisfaction that the procedures
13 set forth in this subsection have been met, it shall enter
14 the order for withholding.
15 (5) The Clerk shall then provide to the obligee or
16 public office a specially certified copy of the order for
17 withholding and the notice of delinquency indicating that the
18 preconditions for service have been met.
19 (6) The obligee or public office shall serve the
20 specially certified copies of the order for withholding and
21 the notice of delinquency on the payor, its superintendent,
22 manager or other agent by certified mail or personal
23 delivery. A proof of service shall be filed with the Clerk
24 of the Circuit Court.
25 (7) If the obligor requests in writing that income
26 withholding become effective prior to becoming delinquent in
27 payment of an amount equal to one month's support obligation
28 pursuant to the last order for support, or prior to becoming
29 30 days late in paying all or part of the order for support,
30 the obligee or public office shall file an affidavit with the
31 Clerk of the circuit Court, with a proposed order for
32 withholding attached, stating that the proposed order
33 accurately states the terms and amounts contained in the last
34 order for support and the obligor's request for immediate
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1 service. The provisions of paragraphs (4) through (6) of this
2 subsection shall apply, except that a notice of delinquency
3 shall not be required.
4 (8) All other provisions of this Section shall be
5 applicable with respect to the provisions of this subsection
6 (K), except that under paragraph (1) of subsection (H), the
7 court may also amend the proposed order for withholding to
8 conform to the last order for support.
9 (9) Nothing in this subsection shall be construed as
10 limiting the requirements of paragraph (1) of subsection (B)
11 with respect to the entry of a separate order for withholding
12 upon entry of any order for support.
13 (L) Remedies in Addition to Other Laws.
14 (1) The rights, remedies, duties and penalties created
15 by this Section are in addition to and not in substitution
16 for any other rights, remedies, duties and penalties created
17 by any other law.
18 (2) Nothing in this Section shall be construed as
19 invalidating any assignment of wages or benefits executed
20 prior to January 1, 1984.
21 (Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
22 88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
23 (Text of Section after amendment by P.A. 89-507)
24 Sec. 10-16.2. Withholding of Income to Secure Payment of
25 Support.
26 (A) Definitions.
27 (1) "Order for support" means any order of the court
28 which provides for periodic payment of funds for the support
29 of a child or maintenance of a spouse, whether temporary or
30 final, and includes any such order which provides for:
31 (a) Modification or resumption of, or payment of
32 arrearage accrued under, a previously existing order;
33 (b) Reimbursement of support; or
34 (c) Enrollment in a health insurance plan that is
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1 available to the obligor through an employer or labor
2 union or trade union.
3 (2) "Arrearage" means the total amount of unpaid support
4 obligations as determined by the court and incorporated into
5 an order for support.
6 (3) "Delinquency" means any payment under an order for
7 support which becomes due and remains unpaid after entry of
8 the an order for support withholding has been entered under
9 subsection (B) or, for purposes of subsection (K), after the
10 last order for support was entered for which no order for
11 withholding was entered.
12 (4) "Income" means any form of periodic payment to an
13 individual, regardless of source, including, but not limited
14 to: wages, salary, commission, compensation as an independent
15 contractor, workers' compensation, disability, annuity,
16 pension, and retirement benefits, lottery prize awards,
17 insurance proceeds, vacation pay, bonuses, profit-sharing
18 payments, interest, and any other payments, made by any
19 person, private entity, federal or state government, any unit
20 of local government, school district or any entity created by
21 Public Act; however, "income" excludes:
22 (a) Any amounts required by law to be withheld,
23 other than creditor claims, including, but not limited
24 to, federal, State and local taxes, Social Security and
25 other retirement and disability contributions;
26 (b) Union dues;
27 (c) Any amounts exempted by the federal Consumer
28 Credit Protection Act;
29 (d) Public assistance payments; and
30 (e) Unemployment insurance benefits except as
31 provided by law.
32 Any other State or local laws which limit or exempt
33 income or the amount or percentage of income that can be
34 withheld shall not apply.
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1 (5) "Obligor" means the individual who owes a duty to
2 make payments under an order for support.
3 (6) "Obligee" means the individual to whom a duty of
4 support is owed or the individual's legal representative.
5 (7) "Payor" means any payor of income to an obligor.
6 (8) "Public office" means any elected official or any
7 State or local agency which is or may become responsible by
8 law for enforcement of, or which is or may become authorized
9 to enforce, an order for support, including, but not limited
10 to: the Attorney General, the Illinois Department of Public
11 Aid, the Illinois Department of Human Services (as successor
12 to the Department of Mental Health and Developmental
13 Disabilities), the Illinois Department of Children and Family
14 Services, and the various State's Attorneys, Clerks of the
15 Circuit Court and supervisors of general assistance.
16 (9) "Premium" means the dollar amount for which the
17 obligor is liable to his employer or labor union or trade
18 union and which must be paid to enroll or maintain a child in
19 a health insurance plan that is available to the obligor
20 through an employer or labor union or trade union.
21 (B) Entry of Order for Support Containing Income Withholding
22 Provisions; Income Withholding Notice.
23 (1) In addition to any content required under other
24 laws, every order for support entered on or after July 1,
25 1997, shall:
26 (a) Require an income withholding notice to be
27 prepared and served immediately upon any payor of the
28 obligor by the obligee or public office, unless a written
29 agreement is reached between and signed by both parties
30 providing for an alternative arrangement, approved and
31 entered into the record by the court, which ensures
32 payment of support. In that case, the order for support
33 shall provide that an income withholding notice is to be
34 prepared and served only if the obligor becomes
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1 delinquent in paying the order for support; and
2 (b) Contain a dollar amount to be paid until
3 payment in full of any delinquency that accrues after
4 entry of the order for support. The amount for payment
5 of delinquency shall not be less than 20% of the total of
6 the current support amount and the amount to be paid
7 periodically for payment of any arrearage stated in the
8 order for support; and
9 (c) Include the obligor's Social Security Number,
10 which the obligor shall disclose to the court. If the
11 obligor is not a United States citizen, the obligor shall
12 disclose to the court, and the court shall include in the
13 order for support, the obligor's alien registration
14 number, passport number, and home country's social
15 security or national health number, if applicable.
16 (2) At the time the order for support is entered, the
17 Clerk of the Circuit Court shall provide a copy of the order
18 to the obligor and shall make copies available to the obligee
19 and public office.
20 (3) The income withholding notice shall:
21 (a) Be in the standard format prescribed by the
22 federal Department of Health and Human Services; and
23 (b) Direct any payor to withhold the dollar amount
24 required for current support under the order for support;
25 and
26 (c) Direct any payor to withhold the dollar amount
27 required to be paid periodically under the order for
28 support for payment of the amount of any arrearage stated
29 in the order for support; and
30 (d) Direct any payor or labor union or trade union
31 to enroll a child as a beneficiary of a health insurance
32 plan and withhold or cause to be withheld, if applicable,
33 any required premiums; and
34 (e) State the amount of the payor income
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1 withholding fee specified under this Section; and
2 (f) State that the amount actually withheld from
3 the obligor's income for support and other purposes,
4 including the payor withholding fee specified under this
5 Section, may not be in excess of the maximum amount
6 permitted under the federal Consumer Credit Protection
7 Act; and
8 (g) State the duties of the payor and the fines and
9 penalties for failure to withhold and pay over income and
10 for discharging, disciplining, refusing to hire, or
11 otherwise penalizing the obligor because of the duty to
12 withhold and pay over income under this Section; and
13 (h) State the rights, remedies, and duties of the
14 obligor under this Section; and
15 (i) Include the obligor's Social Security Number;
16 and
17 (j) Include the date that withholding for current
18 support terminates, which shall be the date of
19 termination of the current support obligation set forth
20 in the order for support.
21 (4) The accrual of a delinquency as a condition for
22 service of an income withholding notice, under the exception
23 to immediate withholding in paragraph (1) of this subsection,
24 shall apply only to the initial service of an income
25 withholding notice on a payor of the obligor.
26 (5) Notwithstanding the exception to immediate
27 withholding contained in paragraph (1) of this subsection, if
28 the court finds at the time of any hearing that an arrearage
29 has accrued, the court shall order immediate service of an
30 income withholding notice upon the payor.
31 (6) If the order for support, under the exception to
32 immediate withholding contained in paragraph (1) of this
33 subsection, provides that an income withholding notice is to
34 be prepared and served only if the obligor becomes delinquent
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1 in paying the order for support, the obligor may execute a
2 written waiver of that condition and request immediate
3 service on the payor.
4 (7) The obligee or public office may serve the income
5 withholding notice on the payor or its superintendent,
6 manager, or other agent by ordinary mail or certified mail
7 return receipt requested, by facsimile transmission or other
8 electronic means, by personal delivery, or by any method
9 provided by law for service of a summons. At the time of
10 service on the payor and as notice that withholding has
11 commenced, the obligee or public office shall serve a copy of
12 the income withholding notice on the obligor by ordinary mail
13 addressed to his or her last known address. Proofs of
14 service on the payor and the obligor shall be filed with the
15 Clerk of the Circuit Court.
16 (8) At any time after the initial service of an income
17 withholding notice under this Section, any other payor of the
18 obligor may be served with the same income withholding notice
19 without further notice to the obligor.
20 (C) Income Withholding After Accrual of Delinquency.
21 (1) Whenever an obligor accrues a delinquency, the
22 obligee or public office may prepare and serve upon the
23 obligor's payor an income withholding notice that:
24 (a) Contains the information required under
25 paragraph (3) of subsection (B); and
26 (b) Contains a computation of the period and total
27 amount of the delinquency as of the date of the notice;
28 and
29 (c) Directs the payor to withhold the dollar amount
30 required to be withheld periodically under the order for
31 support for payment of the delinquency.
32 (2) The income withholding notice and the obligor's copy
33 of the income withholding notice shall be served as provided
34 in paragraph (7) of subsection (B).
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1 (3) The obligor may contest withholding commenced under
2 this subsection by filing a petition to contest withholding
3 with the Clerk of the Circuit Court within 20 days after
4 service of a copy of the income withholding notice on the
5 obligor. However, the grounds for the petition to contest
6 withholding shall be limited to:
7 (a) A dispute concerning the existence or amount of
8 the delinquency; or
9 (b) The identity of the obligor.
10 The Clerk of the Circuit Court shall notify the obligor
11 and the obligee or public office of the time and place of the
12 hearing on the petition to contest withholding. The court
13 shall hold the hearing pursuant to the provisions of
14 subsection (F).
15 (D) Initiated Withholding.
16 (1) Notwithstanding any other provision of this Section,
17 if the court has not required that income withholding take
18 effect immediately, the obligee or public office may initiate
19 withholding, regardless of whether a delinquency has accrued,
20 by preparing and serving an income withholding notice on the
21 payor that contains the information required under paragraph
22 (3) of subsection (B) and states that the parties' written
23 agreement providing an alternative arrangement to immediate
24 withholding under paragraph (1) of subsection (B) no longer
25 ensures payment of support and the reason or reasons why it
26 does not.
27 (2) The income withholding notice and the obligor's copy
28 of the income withholding notice shall be served as provided
29 in paragraph (7) of subsection (B).
30 (3) The obligor may contest withholding commenced under
31 this subsection by filing a petition to contest withholding
32 with the Clerk of the Circuit Court within 20 days after
33 service of a copy of the income withholding notice on the
34 obligor. However, the grounds for the petition shall be
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1 limited to a dispute concerning:
2 (a) whether the parties' written agreement providing
3 an alternative arrangement to immediate withholding under
4 paragraph (1) of subsection (B) continues to ensure
5 payment of support; or
6 (b) the identity of the obligor.
7 It shall not be grounds for filing a petition that the
8 obligor has made all payments due by the date of the
9 petition.
10 (4) If the obligor files a petition contesting
11 withholding within the 20-day period required under paragraph
12 (3), the Clerk of the Circuit Court shall notify the obligor
13 and the obligee or public office, as appropriate, of the time
14 and place of the hearing on the petition. The court shall
15 hold the hearing pursuant to the provisions of subsection
16 (F).
17 (B) Entry of an Order for Withholding.
18 (1) Upon entry of any order for support on or after
19 January 1, 1984, the court shall enter a separate order for
20 withholding which shall not take effect unless the obligor
21 becomes delinquent in paying the order for support or the
22 obligor requests an earlier effective date; except that the
23 court may require the order for withholding to take effect
24 immediately.
25 On or after January 1, 1989, the court shall require the
26 order for withholding to take effect immediately, unless a
27 written agreement is reached between and signed by both
28 parties providing for an alternative arrangement, approved
29 and entered into the record by the court, which insures
30 payment of support. In that case, the court shall enter the
31 order for withholding which will not take effect unless the
32 obligor becomes delinquent in paying the order for support.
33 Upon entry of any order of support on or after September
34 11, 1989, if the obligor is not a United States citizen, the
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1 obligor shall provide to the court the obligor's alien
2 registration number, passport number, and home country's
3 social security or national health number, if applicable; the
4 court shall make the information part of the record in the
5 case.
6 (2) An order for withholding shall be entered upon
7 petition by the obligee or public office where an order for
8 withholding has not been previously entered.
9 (3) The order for withholding shall:
10 (a) Direct any payor to withhold a dollar amount
11 equal to the order for support; and
12 (b) Direct any payor to withhold an additional
13 dollar amount, not less than 20% of the order for
14 support, until payment in full of any delinquency stated
15 in the notice of delinquency provided for in subsection
16 (C) or (F) of this Section; and
17 (c) Direct any payor or labor union or trade union
18 to enroll a child as a beneficiary of a health insurance
19 plan and withhold or cause to be withheld, if
20 applicable, any required premium; and
21 (d) State the rights, remedies and duties of the
22 obligor under this Section; and
23 (e) Include the obligor's Social Security Number,
24 which the obligor shall disclose to the court; and
25 (f) Include the date that withholding for current
26 support terminates, which shall be the date of
27 termination of the current support obligation set forth
28 in the order for support.
29 (4) At the time the order for withholding is entered,
30 the Clerk of the Circuit Court shall provide a copy of the
31 order for withholding and the order for support to the
32 obligor and shall make copies available to the obligee and
33 public office. Any copy of the order for withholding
34 furnished to the parties under this subsection shall be
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1 stamped "Not Valid".
2 (5) The order for withholding shall remain in effect for
3 as long as the order for support upon which it is based.
4 (6) The failure of an order for withholding to state an
5 arrearage is not conclusive of the issue of whether an
6 arrearage is owing.
7 (7) Notwithstanding the provisions of this subsection,
8 if the court finds at the time of any hearing that an
9 arrearage has accrued in an amount equal to at least one
10 month's support obligation or that the obligor is 30 days
11 late in paying all or part of the order for support, the
12 court shall order immediate service of the order for
13 withholding upon the payor.
14 (8) Where the court has not required that the order for
15 withholding take effect immediately, the obligee or public
16 office may prepare and serve a notice for immediate
17 withholding upon the obligor by ordinary mail addressed to
18 the obligor at his or her last known address. The notice
19 shall state that the following circumstances have occurred:
20 (a) The parties' written agreement providing an
21 alternative arrangement to immediate withholding under
22 paragraph (1) of this subsection no longer provides for
23 timely payment of all support due; or
24 (b) The obligor has not made timely payments in
25 that the obligor has been at least 7 days late in paying
26 all or part of the order for support any of the last 6
27 consecutive dates payments were due prior to the date of
28 the notice for immediate withholding.
29 The notice for immediate withholding shall clearly state
30 that a specially certified copy of the order for withholding
31 will be sent to the payor, unless the obligor files a
32 petition contesting immediate withholding within 20 days
33 after service of the notice; however, the grounds for the
34 petition shall be limited to a dispute concerning whether the
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1 circumstances stated in the notice have occurred or the
2 identity of the obligor. It shall not be grounds for the
3 petition that the obligor has made all payments due by the
4 date of the petition.
5 If the obligor files a petition contesting immediate
6 withholding within the 20-day period required under this
7 paragraph, the Clerk of the Circuit Court shall notify the
8 obligor and the obligee or public office, as appropriate, of
9 the time and place of the hearing on the petition. Upon
10 hearing the petition, the court shall enter an order granting
11 or denying relief. It shall not be grounds for granting the
12 obligor's petition that he or she has made all payments due
13 by the date of hearing. If the court denies the obligor's
14 petition, it shall order immediate service of the order for
15 withholding and direct the clerk to provide a specially
16 certified copy of the order for withholding to the obligee or
17 public office indicating that the requirements for immediate
18 withholding under this paragraph have been met.
19 If the obligor does not file a petition contesting
20 immediate withholding within the 20-day period, the obligee
21 or public office shall file with the Clerk of the Circuit
22 Court an affidavit, with a copy of the notice for immediate
23 withholding attached thereto, stating that the notice was
24 duly served and the date on which service was effected, and
25 that the obligor has not filed a petition contesting
26 immediate withholding. The clerk shall then provide to the
27 obligee or public office a specially certified copy of the
28 order for withholding indicating that the requirements for
29 immediate withholding under this paragraph have been met.
30 Upon receipt of a specially certified copy of the order
31 for withholding, the obligee or public office may serve the
32 order on the payor, its superintendent, manager or other
33 agent, by certified mail or personal delivery. A proof of
34 service shall be filed with the Clerk of the Circuit Court.
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1 (C) Notice of Delinquency.
2 (1) Whenever an obligor becomes delinquent in payment of
3 an amount equal to at least one month's support obligation
4 pursuant to the order for support or is at least 30 days late
5 in complying with all or part of the order for support,
6 whichever occurs first, the obligee or public office may
7 prepare and serve a verified notice of delinquency, together
8 with a form petition to stay service, pursuant to paragraph
9 (3) of this subsection.
10 (2) The notice of delinquency shall recite the terms of
11 the order for support and contain a computation of the period
12 and total amount of the delinquency, as of the date of the
13 notice. The notice shall clearly state that it will be sent
14 to the payor, together with a specially certified copy of the
15 order for withholding, except as provided in subsection (F),
16 unless the obligor files a petition to stay service in
17 accordance with paragraph (1) of subsection (D).
18 (3) The notice of delinquency shall be served by
19 ordinary mail addressed to the obligor at his or her last
20 known address.
21 (4) The obligor may execute a written waiver of the
22 provisions of paragraphs (1) through (3) of this subsection
23 and request immediate service upon the payor.
24 (D) Procedures to Avoid Income Withholding.
25 (1) Except as provided in subsection (F), the obligor
26 may prevent an order for withholding from being served by
27 filing a petition to stay service with the Clerk of the
28 Circuit Court, within 20 days after service of the notice of
29 delinquency; however, the grounds for the petition to stay
30 service shall be limited to:
31 (a) A dispute concerning the amount of current
32 support or the existence or amount of the delinquency;
33 (b) The identity of the obligor.
34 The Clerk of the Circuit Court shall notify the obligor
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1 and the obligee or public office, as appropriate, of the time
2 and place of the hearing on the petition to stay service. The
3 court shall hold such hearing pursuant to the provisions of
4 subsection (H).
5 (2) Except as provided in subsection (F), filing of a
6 petition to stay service, within the 20-day period required
7 under this subsection, shall prohibit the obligee or public
8 office from serving the order for withholding on any payor of
9 the obligor.
10 (E) Initial Service of Order for Withholding.
11 (1) Except as provided in subsection (F), in order to
12 serve an order for withholding upon a payor, an obligee or
13 public office shall follow the procedures set forth in this
14 subsection. After 20 days following service of the notice of
15 delinquency, the obligee or public office shall file with the
16 Clerk of the Circuit Court an affidavit, with the copy of the
17 notice of delinquency attached thereto, stating:
18 (a) that the notice of delinquency has been duly
19 served and the date on which service was effected; and
20 (b) that the obligor has not filed a petition to
21 stay service, or in the alternative
22 (c) that the obligor has waived the provisions of
23 subparagraphs (a) and (b) of this paragraph (1) in
24 accordance with subsection (C)(4).
25 (2) Upon request of the obligee or public office, the
26 Clerk of the Circuit Court shall: (a) make available any
27 record of payment; and (b) determine that the file contains a
28 copy of the affidavit described in paragraph (1). The Clerk
29 shall then provide to the obligee or public office a
30 specially certified copy of the order for withholding and the
31 notice of delinquency indicating that the preconditions for
32 service have been met.
33 (3) The obligee or public office may then serve the
34 notice of delinquency and order for withholding on the payor,
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1 its superintendent, manager or other agent, by certified mail
2 or personal delivery. A proof of service shall be filed with
3 the Clerk of the Circuit Court.
4 (F) Subsequent Service of Order for Withholding.
5 (1) Notwithstanding the provisions of this Section, at
6 any time after the court has ordered immediate service of an
7 order for withholding or after initial service of an order
8 for withholding pursuant to subsection (E), the obligee or
9 public office may serve the order for withholding upon any
10 payor of the obligor without further notice to the obligor.
11 The obligee or public office shall provide notice to the
12 payor, pursuant to paragraph (6) of subsection (I), of any
13 payments that have been made through previous withholding or
14 any other method.
15 (2) The Clerk of the Circuit Court shall, upon request,
16 provide the obligee or public office with specially certified
17 copies of the order for withholding or the notice of
18 delinquency or both whenever the Court has ordered immediate
19 service of an order for withholding or an affidavit has been
20 placed in the court file indicating that the preconditions
21 for service have been previously met or that the requirements
22 for immediate withholding under paragraph (8) of subsection B
23 have been previously met. The obligee or public office may
24 then serve the order for withholding on the payor, its
25 superintendent, manager or other agent by certified mail or
26 personal delivery. A proof of service shall be filed with
27 the Clerk of the Circuit Court.
28 (3) If a delinquency has accrued for any reason, the
29 obligee or public office may serve a notice of delinquency
30 upon the obligor pursuant to subsection (C). The obligor may
31 prevent the notice of delinquency from being served upon the
32 payor by utilizing the procedures set forth in subsection
33 (D). If no petition to stay service has been filed within the
34 required 20 day time period, the obligee or public office may
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1 serve the notice of delinquency on the payor by utilizing the
2 procedures for service set forth in subsection (E).
3 (E) (G) Duties of Payor.
4 (1) It shall be the duty of any payor who has been
5 served with an income withholding a copy of the specially
6 certified order for withholding and any notice of delinquency
7 to deduct and pay over income as provided in this subsection.
8 The payor shall deduct the amount designated in the income
9 order for withholding notice, as supplemented by the notice
10 of delinquency and any notice provided pursuant to paragraph
11 (6) of subsection (G) (I), beginning no later than the next
12 payment of income which is payable or creditable to the
13 obligor that occurs 14 days following the date the income
14 withholding order and any notice was were mailed, sent by
15 facsimile or other electronic means, by certified mail or
16 placed for personal delivery to or service on the payor. The
17 payor may combine all amounts withheld for the benefit of an
18 obligee or public office into a single payment and transmit
19 the payment with a listing of obligors from whom withholding
20 has been effected. The payor shall pay the amount withheld to
21 the obligee or public office within 7 business days after the
22 date the amount would (but for the duty to withhold income)
23 have been paid or credited to the obligor 10 calendar days of
24 the date income is paid to the obligor in accordance with the
25 order for withholding and any subsequent notification
26 received from the public office redirecting payments. If the
27 payor knowingly fails to pay any amount withheld to the
28 obligee or public office within 7 business days after the
29 date the amount would have been 10 calendar days of the date
30 income is paid or credited to the obligor, the payor shall
31 pay a penalty of $100 for each day that the withheld amount
32 is not paid to the obligee or public office after the period
33 of 7 business 10 calendar days has expired. The failure of a
34 payor, on more than one occasion, to pay amounts withheld to
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1 the obligee or public office within 7 business days after the
2 date the amount would have been 10 calendar days of the date
3 income is not paid or credited to the obligor creates a
4 presumption that the payor knowingly failed to pay over the
5 amounts. This penalty may be collected in a civil action
6 which may be brought against the payor in favor of the
7 obligee or public office. For purposes of this Section, a
8 withheld amount shall be considered paid by a payor on the
9 date it is mailed by the payor, or on the date an electronic
10 funds transfer of the amount has been initiated by the payor,
11 or on the date delivery of the amount has been initiated by
12 the payor. For each deduction, the payor shall provide the
13 obligee or public office, at the time of transmittal, with
14 the date the amount would (but for the duty to withhold
15 income) have been paid or credited to the obligor income was
16 paid from which support was withheld.
17 Upon receipt of an income withholding notice order
18 requiring that a minor child be named as a beneficiary of a
19 health insurance plan available through an employer or labor
20 union or trade union, the employer or labor union or trade
21 union shall immediately enroll the minor child as a
22 beneficiary in the health insurance plan designated by the
23 income withholding notice court order. The employer shall
24 withhold any required premiums and pay over any amounts so
25 withheld and any additional amounts the employer pays to the
26 insurance carrier in a timely manner. The employer or labor
27 union or trade union shall mail to the obligee, within 15
28 days of enrollment or upon request, notice of the date of
29 coverage, information on the dependent coverage plan, and all
30 forms necessary to obtain reimbursement for covered health
31 expenses, such as would be made available to a new employee.
32 When an order for dependent coverage is in effect and the
33 insurance coverage is terminated or changed for any reason,
34 the employer or labor union or trade union shall notify the
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1 obligee within 10 days of the termination or change date
2 along with notice of conversion privileges.
3 For withholding of income, the payor shall be entitled to
4 receive a fee not to exceed $5 per month to be taken from the
5 income to be paid to the obligor.
6 (2) Whenever the obligor is no longer receiving income
7 from the payor, the payor shall return a copy of the income
8 order for withholding notice to the obligee or public office
9 and shall provide information for the purpose of enforcing
10 this Section.
11 (3) Withholding of income under this Section shall be
12 made without regard to any prior or subsequent garnishments,
13 attachments, wage assignments, or any other claims of
14 creditors. Withholding of income under this Section shall
15 not be in excess of the maximum amounts permitted under the
16 federal Consumer Credit Protection Act. If the payor has been
17 served with more than one income order for withholding notice
18 pertaining to the same obligor, the payor shall allocate
19 income available for withholding on a proportionate share
20 basis, giving priority to current support payments. If there
21 is any income available for withholding after withholding for
22 all current support obligations, the payor shall allocate the
23 income to past due support payments ordered in cases in which
24 cash assistance under this Code is not being provided to the
25 obligee non-AFDC matters and then to past due support
26 payments ordered in cases in which cash assistance under this
27 Code is being provided to the obligee AFDC matters, both on a
28 proportionate share basis. A payor who complies with an
29 income withholding notice that is regular on its face shall
30 not be subject to civil liability with respect to any
31 individual, any agency, or any creditor of the obligor for
32 conduct in compliance with the notice. Payment as required by
33 the order for withholding shall be a complete defense by the
34 payor against any claims of the obligor or his creditors as
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1 to the sum so paid.
2 (4) No payor shall discharge, discipline, refuse to hire
3 or otherwise penalize any obligor because of the duty to
4 withhold income.
5 (F) (H) Petitions to Contest Withholding Stay Service or to
6 Modify, Suspend, or Terminate, or Correct Income Orders for
7 Withholding Notices.
8 (1) When an obligor files a petition to contest
9 withholding stay service, the court, after due notice to all
10 parties, shall hear the matter as soon as practicable and
11 shall enter an order granting or denying relief, ordering
12 service of an amended income withholding notice amending the
13 notice of delinquency, amending the order for withholding,
14 where applicable, or otherwise resolving the matter.
15 The court shall deny the obligor's petition if the court
16 finds that when the income withholding notice was mailed,
17 sent by facsimile transmission or other electronic means, or
18 placed for personal delivery to or service on the payor:
19 (a) A delinquency existed; or
20 (b) The parties' written agreement providing an
21 alternative arrangement to immediate withholding under
22 paragraph (1) of subsection (B) no longer ensured payment
23 of support. If the court finds that a delinquency existed
24 when the notice of delinquency was served upon the
25 obligor, in an amount of at least one month's support
26 obligation, or that the obligor was at least 30 days late
27 in paying all or part of the order for support, the court
28 shall order immediate service of the order for
29 withholding. Where the court cannot promptly resolve any
30 dispute over the amount of the delinquency, the court may
31 order immediate service of the order for withholding as
32 to any undisputed amounts specified in an amended notice
33 of delinquency, and may continue the hearing on the
34 disputed amounts.
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1 (2) At any time, an obligor, obligee, public office or
2 Clerk of the Circuit Court may petition the court to:
3 (a) Modify, suspend or terminate the income order
4 for withholding notice because of a modification,
5 suspension or termination of the underlying order for
6 support; or
7 (b) Modify the amount of income to be withheld to
8 reflect payment in full or in part of the delinquency or
9 arrearage by income withholding or otherwise; or
10 (c) Suspend the income order for withholding notice
11 because of inability to deliver income withheld to the
12 obligee due to the obligee's failure to provide a mailing
13 address or other means of delivery.
14 (3) At any time an obligor may petition the court to
15 correct a term contained in an income withholding notice to
16 conform to that stated in the underlying order for support
17 for:
18 (a) The amount of current support;
19 (b) The amount of the arrearage;
20 (c) The periodic amount for payment of the
21 arrearage; or
22 (d) The periodic amount for payment of the
23 delinquency.
24 (4) (3) The obligor, obligee or public office shall
25 serve on the payor, in the manner provided for service of
26 income withholding notices in paragraph (7) of subsection (B)
27 by certified mail or personal delivery, a copy of any order
28 entered pursuant to this subsection that affects the duties
29 of the payor.
30 (5) (4) At any time, a public office or Clerk of the
31 Circuit Court may serve a notice on the payor to:
32 (a) Cease withholding of income for payment of
33 current support for a child when the support obligation
34 for that child has automatically ceased under the order
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1 for support through emancipation or otherwise; or
2 (b) Cease withholding of income for payment of
3 delinquency or arrearage when the delinquency or
4 arrearage has been paid in full.
5 (6) (5) The notice provided for under paragraph (5) (4)
6 of this subsection shall be served on the payor in the manner
7 provided for service of income withholding notices in
8 paragraph (7) of subsection (B) by ordinary mail, and a copy
9 shall be provided to the obligor and the obligee. A copy of
10 the notice shall be filed with the Clerk of the Circuit
11 Court.
12 (7) (6) The income order for withholding notice shall
13 continue to be binding upon the payor until service of an
14 amended income withholding notice or any order of the court
15 or notice entered or provided for under this subsection.
16 (G) (I) Additional Duties.
17 (1) An obligee who is receiving income withholding
18 payments under this Section shall notify the payor, if the
19 obligee receives the payments directly from the payor, or the
20 public office or the Clerk of the Circuit Court, as
21 appropriate, of any change of address within 7 days of such
22 change.
23 (2) An obligee who is a recipient of public aid shall
24 send a copy of any income withholding notice served by the
25 obligee of delinquency filed pursuant to subsection (C) to
26 the Division Bureau of Child Support Enforcement of the
27 Illinois Department of Public Aid.
28 (3) Each obligor shall notify the obligee, the public
29 office, and the Clerk of the Circuit Court of any change of
30 address within 7 days.
31 (4) An obligor whose income is being withheld or who has
32 been served with a notice of delinquency pursuant to this
33 Section shall notify the obligee, the public office, and the
34 Clerk of the Circuit Court of any new payor, within 7 days.
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1 (5) When the Illinois Department of Public Aid is no
2 longer authorized to receive payments for the obligee, it
3 shall, within 7 days, notify the payor or, where appropriate,
4 the Clerk of the Circuit Court, to redirect income
5 withholding payments to the obligee.
6 (6) The obligee or public office shall provide notice to
7 the payor and Clerk of the Circuit Court of any other support
8 payment made, including but not limited to, a set-off under
9 federal and State law or partial payment of the delinquency
10 or arrearage, or both.
11 (7) Any public office and Clerk of the Circuit Court
12 which collects, disburses or receives payments pursuant to
13 income orders for withholding notices shall maintain
14 complete, accurate, and clear records of all payments and
15 their disbursements. Certified copies of payment records
16 maintained by a public office or Clerk of the Circuit Court
17 shall, without further proof, be admitted into evidence in
18 any legal proceedings under this Section.
19 (8) The Illinois Department of Public Aid shall design
20 suggested legal forms for proceeding under this Section and
21 shall make available to the courts such forms and
22 informational materials which describe the procedures and
23 remedies set forth herein for distribution to all parties in
24 support actions.
25 (9) At the time of transmitting each support payment,
26 the clerk of the circuit court shall provide the obligee or
27 public office, as appropriate, with any information furnished
28 by the payor as to the date the amount would (but for the
29 duty to withhold income) have been paid or credited to the
30 obligor income was paid from which such support was withheld.
31 (H) (J) Penalties.
32 (1) Where a payor wilfully fails to withhold or pay over
33 income pursuant to a properly served income withholding
34 notice, specially certified order for withholding and any
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1 notice of delinquency, or wilfully discharges, disciplines,
2 refuses to hire or otherwise penalizes an obligor as
3 prohibited by subsection (E) (G), or otherwise fails to
4 comply with any duties imposed by this Section, the obligee,
5 public office or obligor, as appropriate, may file a
6 complaint with the court against the payor. The clerk of the
7 circuit court shall notify the obligee or public office, as
8 appropriate, and the obligor and payor of the time and place
9 of the hearing on the complaint. The court shall resolve any
10 factual dispute including, but not limited to, a denial that
11 the payor is paying or has paid income to the obligor. Upon
12 a finding in favor of the complaining party, the court:
13 (a) Shall enter judgment and direct the enforcement
14 thereof for the total amount that the payor wilfully
15 failed to withhold or pay over; and
16 (b) May order employment or reinstatement of or
17 restitution to the obligor, or both, where the obligor
18 has been discharged, disciplined, denied employment or
19 otherwise penalized by the payor and may impose a fine
20 upon the payor not to exceed $200.
21 (2) Any obligee, public office or obligor who wilfully
22 initiates a false proceeding under this Section or who
23 wilfully fails to comply with the requirements of this
24 Section shall be punished as in cases of contempt of court.
25 (I) Alternative Procedures for Service of an Income
26 Withholding Notice.
27 (1) The procedures of this subsection may be used in any
28 matter to serve an income withholding notice on a payor if:
29 (a) For any reason the most recent order for
30 support entered does not contain the income withholding
31 provisions required under subsection (B), irrespective of
32 whether a separate order for withholding was entered
33 prior to July 1, 1997; and
34 (b) The obligor has accrued a delinquency after
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1 entry of the most recent order for support.
2 (2) The obligee or public office shall prepare and serve
3 the income withholding notice in accordance with the
4 provisions of subsection (C), except that the notice shall
5 contain a periodic amount for payment of the delinquency
6 equal to 20% of the total of the current support amount and
7 the amount to be paid periodically for payment of any
8 arrearage stated in the most recent order for support.
9 (3) If the obligor requests in writing that income
10 withholding become effective prior to the obligor accruing a
11 delinquency under the most recent order for support, the
12 obligee or public office may prepare and serve an income
13 withholding notice on the payor as provided in subsection
14 (B). In addition to filing proofs of service of the income
15 withholding notice on the payor and the obligor, the obligee
16 or public office shall file a copy of the obligor's written
17 request for income withholding with the Clerk of the Circuit
18 Court.
19 (4) All other provisions of this Section shall be
20 applicable with respect to the provisions of this subsection
21 (I).
22 (K) Alternative Procedures for Entry and Service of an Order
23 for Withholding.
24 (1) Effective January 1, 1987, in any matter in which an
25 order for withholding has not been entered for any reason,
26 based upon the last order for support that has been entered,
27 and in which the obligor has become delinquent in payment of
28 an amount equal to at least one month's support obligation
29 pursuant to the last order for support or is at least 30 days
30 late in complying with all or part of the order for support,
31 the obligee or public office may prepare and serve an order
32 for withholding pursuant to the procedures set forth in this
33 subsection.
34 (2) The obligee or public office shall:
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1 (a) Prepare a proposed order for withholding for
2 immediate service as provided by paragraphs (1) and (3)
3 of subsection (B), except that the minimum 20%
4 delinquency payment shall be used;
5 (b) Prepare a notice of delinquency as provided by
6 paragraphs (1) and (2) of subsection (C), except the
7 notice shall state further that the order for withholding
8 has not been entered by the court and the conditions
9 under which the order will be entered; and
10 (c) Serve the notice of delinquency and form
11 petition to stay service as provided by paragraph (3) of
12 subsection (C), together with the proposed order for
13 withholding, which shall be marked "COPY ONLY".
14 (3) After 20 days following service of the notice of
15 delinquency and proposed order for withholding, in lieu of
16 the provisions of subsection (E), the obligee or public
17 office shall file with the Clerk of the Circuit Court an
18 affidavit, with a copy of the notice of delinquency and
19 proposed order for withholding attached thereto, stating
20 that:
21 (a) The notice of delinquency and proposed order
22 for withholding have been served upon the obligor and the
23 date on which service was effected;
24 (b) The obligor has not filed a petition to stay
25 service within 20 days of service of such notice and
26 order; and
27 (c) The proposed order for withholding accurately
28 states the terms and amounts contained in the last order
29 for support.
30 (4) Upon the court's satisfaction that the procedures
31 set forth in this subsection have been met, it shall enter
32 the order for withholding.
33 (5) The Clerk shall then provide to the obligee or
34 public office a specially certified copy of the order for
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1 withholding and the notice of delinquency indicating that the
2 preconditions for service have been met.
3 (6) The obligee or public office shall serve the
4 specially certified copies of the order for withholding and
5 the notice of delinquency on the payor, its superintendent,
6 manager or other agent by certified mail or personal
7 delivery. A proof of service shall be filed with the Clerk
8 of the Circuit Court.
9 (7) If the obligor requests in writing that income
10 withholding become effective prior to becoming delinquent in
11 payment of an amount equal to one month's support obligation
12 pursuant to the last order for support, or prior to becoming
13 30 days late in paying all or part of the order for support,
14 the obligee or public office shall file an affidavit with the
15 Clerk of the circuit Court, with a proposed order for
16 withholding attached, stating that the proposed order
17 accurately states the terms and amounts contained in the last
18 order for support and the obligor's request for immediate
19 service. The provisions of paragraphs (4) through (6) of this
20 subsection shall apply, except that a notice of delinquency
21 shall not be required.
22 (8) All other provisions of this Section shall be
23 applicable with respect to the provisions of this subsection
24 (K), except that under paragraph (1) of subsection (H), the
25 court may also amend the proposed order for withholding to
26 conform to the last order for support.
27 (9) Nothing in this subsection shall be construed as
28 limiting the requirements of paragraph (1) of subsection (B)
29 with respect to the entry of a separate order for withholding
30 upon entry of any order for support.
31 (J) (L) Remedies in Addition to Other Laws.
32 (1) The rights, remedies, duties and penalties created
33 by this Section are in addition to and not in substitution
34 for any other rights, remedies, duties and penalties created
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1 by any other law.
2 (2) Nothing in this Section shall be construed as
3 invalidating any assignment of wages or benefits executed
4 prior to January 1, 1984 or any order for withholding served
5 prior to July 1, 1997.
6 (Source: P.A. 88-26; 88-45; 88-94; 88-131; 88-307; 88-670,
7 eff. 12-2-94; 89-507, eff. 7-1-97.)
8 (305 ILCS 5/10-17.1) (from Ch. 23, par. 10-17.1)
9 Sec. 10-17.1. Administrative Order by Registration. The
10 Illinois Department may provide by rule for the registration
11 of a support order entered by a court or administrative body
12 of this or any other State. Registration shall be for the
13 sole purpose of enforcing the registered order and shall not
14 confer jurisdiction on the Illinois Department for any other
15 purpose, including modification. Upon registration, such
16 support order shall become an administrative order of the
17 Child and Spouse Support Unit by operation of law. The rule
18 shall provide for notice to and an opportunity to be heard by
19 the responsible relative affected and any final
20 administrative decision rendered by the Department shall be
21 reviewed only under and in accordance with the Administrative
22 Review Law.
23 Any new or existing support order registered by the
24 Illinois Department under this Section shall be deemed to be
25 a series of judgments against the person obligated to pay
26 support thereunder, each such judgment to be in the amount of
27 each payment or installment of support and each such judgment
28 to be deemed entered as of the date the corresponding payment
29 or installment becomes due under the terms of the support
30 order. Each such judgment shall be enforceable in the same
31 manner as any other judgment in this State. A lien arises by
32 operation of law against the real and personal property of
33 the noncustodial parent for each installment of overdue
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1 support owed by the noncustodial parent.
2 A one-time charge of 20% is imposable upon the amount of
3 past-due child support owed on July 1, 1988, which has
4 accrued under a support order registered by the Illinois
5 Department under this Section. The charge shall be imposed
6 in accordance with the provisions of Section 10-21 and shall
7 be enforced by the court in a suit filed under Section 10-15.
8 (Source: P.A. 88-687, eff. 1-24-95.)
9 (305 ILCS 5/10-17.2) (from Ch. 23, par. 10-17.2)
10 Sec. 10-17.2. Income Withholding By Administrative
11 Order. The Illinois Department may provide by rule for entry
12 of an administrative support order containing income for
13 withholding provisions and for its subsequent service and
14 enforcement of an income withholding notice, by the Child and
15 Spouse Support Unit based upon and in the same manner as
16 prescribed by Section 10-16.2. The penalties provided in
17 Section 10-16.2 shall apply hereto and shall be enforced by
18 filing an action under that Section. The rule shall provide
19 for notice to and an opportunity to be heard by the
20 responsible relative affected and any final administrative
21 decision rendered by the Department shall be reviewed only
22 under and in accordance with the Administrative Review Law.
23 (Source: P.A. 84-1389.)
24 (305 ILCS 5/10-17.11 new)
25 Sec. 10-17.11. Requests to other states for
26 administrative enforcement. The Illinois Department may
27 provide by rule for certification to other states' child
28 support enforcement agencies of past due support owed by
29 responsible relatives under a support order entered by a
30 court or administrative body of this or any other state on
31 behalf of resident or non-resident persons. The purpose of
32 certification shall be to request the other states'
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1 assistance in administrative enforcement of the support
2 orders. The rule shall provide for notice to and an
3 opportunity to be heard by the responsible relative affected
4 and any final administrative decision rendered by the
5 Illinois Department shall be reviewed only under and in
6 accordance with the Administrative Review Law.
7 (305 ILCS 5/10-24 new)
8 Sec. 10-24. Definitions. In this Section through
9 Section 10-24.50:
10 "Account" means a demand deposit account, checking or
11 negotiable withdrawal order account, savings account, time
12 deposit account, or money market mutual fund account.
13 "Financial institution" includes:
14 (1) a depository institution, which is any bank or
15 saving association;
16 (2) an insured depository institution, which is any
17 bank or saving institution the deposits of which are
18 insured pursuant to the Federal Deposit Insurance Act, or
19 any uninsured branch or agency of a foreign bank or a
20 commercial lending company owned or controlled by a
21 foreign bank;
22 (3) a federal depository institution, which is any
23 national bank, any federal savings association, or any
24 federal branch;
25 (4) a state depository institution, which is any
26 state bank, any state savings association, or any insured
27 branch which is not a federal branch;
28 (5) a federal credit union, which is a cooperative
29 association organized in accordance with the provisions
30 of the Federal Credit Union Act;
31 (6) a state chartered credit union which is
32 organized and operated according to the laws of this or
33 any other state, which laws provide for the organization
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1 of credit unions similar in principle and objectives to
2 federal credit unions; and
3 (7) any benefit association, insurance company,
4 safe deposit company, money market mutual fund, or
5 similar entity authorized to do business in this State.
6 "Financial record" has the meaning given to that term in
7 Section 1101 of the federal Right to Financial Privacy Act of
8 1978 (12 U.S.C. 3401).
9 (305 ILCS 5/10-24.5 new)
10 Sec. 10-24.5. Financial institutions data matches.
11 (a) The Illinois Department may design and implement a
12 data match system pursuant to which the Illinois Department
13 shall enter into agreements with financial institutions doing
14 business in this State for the purpose of identifying
15 accounts as defined in Section 10-24 of responsible relatives
16 who owe past-due child support.
17 (b) Every agreement entered into with a financial
18 institution under this Section shall provide, at the option
19 of the financial institution, either (i) that the financial
20 institution shall compare data concerning account holders,
21 owners, or customers who maintain one or more accounts as
22 defined in Section 10-24 at the financial institution with
23 data concerning individuals identified by the Illinois
24 Department as responsible relatives who owe past-due child
25 support and for each of whom the Illinois Department shall
26 provide the name, record address, and social security number
27 or tax identification number, or (ii) that the financial
28 institution shall provide the social security number or tax
29 identification number of the account holders, owners, or
30 customers who maintain one or more accounts as defined in
31 Section 10-24 at the financial institution to the Illinois
32 Department, which shall compare that data with data
33 concerning individuals identified as responsible relatives
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1 who owe past-due child support.
2 (c) Every agreement shall provide that the Illinois
3 Department shall pay to the financial institution providing
4 or comparing the data a reasonable fee not to exceed the
5 institution's actual cost of providing the data or performing
6 the comparison.
7 (d) If the financial institution or Illinois Department
8 determines that the name and either social security number or
9 tax identification number of an individual identified by the
10 Illinois Department under subsection (b) match the name and
11 either social security number or tax identification number of
12 the account holder, owner, or customer who maintains one or
13 more accounts as defined in Section 10-24 at the financial
14 institution, then the financial institution shall report the
15 individual's name and either social security number or tax
16 identification number to the Illinois Department, for each
17 calendar quarter in which the individual is identified by the
18 Illinois Department as a responsible relative who owes
19 past-due child support.
20 (305 ILCS 5/10-24.30 new)
21 Sec. 10-24.30. Types of accounts to be reported. The
22 reporting requirements of Section 10-24.5 regarding accounts
23 as defined in Section 10-24 apply to individual accounts,
24 joint accounts, and sole proprietorship accounts. In the case
25 of a joint account, the account holder or owner shall be
26 deemed to be the primary account holder or owner established
27 by the financial institution in accordance with federal 1099
28 reporting requirements.
29 (305 ILCS 5/10-24.35 new)
30 Sec. 10-24.35. Accommodation of financial institutions.
31 The Illinois Department of Public Aid shall make a reasonable
32 effort to accommodate those financial institutions on which
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1 the requirements of this Article X would impose a hardship.
2 In the case of a non-automated financial institution, a paper
3 copy including either social security numbers or tax
4 identification numbers is an acceptable format. In order to
5 allow for data processing implementation, no agreement shall
6 become effective earlier than 90 days after its execution.
7 (305 ILCS 5/10-24.40 new)
8 Sec. 10-24.40. Financial institution's charges on
9 account.
10 (a) If the Illinois Department of Public Aid requests a
11 financial institution to hold or encumber assets in an
12 account as defined in Section 10-24, the financial
13 institution at which the account as defined in Section 10-24
14 is maintained may charge and collect its normally scheduled
15 account activity fees to maintain the account during the
16 period of time the account assets are held or encumbered.
17 (b) If the Illinois Department of Public Aid takes any
18 action to enforce a lien or levy imposed on an account, as
19 defined in Section 10-24, under Section 10-25.5, the
20 financial institution at which the account is maintained may
21 charge to the account a fee of up to $50 and shall deduct the
22 amount of the fee from the account before remitting any
23 moneys from the account to the Illinois Department of Public
24 Aid.
25 (305 ILCS 5/10-24.45 new)
26 Sec. 10-24.45. Confidentiality. All information
27 provided by a financial institution under Sections 10-24
28 through 10-24.50 is confidential and may be used only for the
29 purpose of enforcing payment of child support. The Illinois
30 Department shall adopt rules to safeguard any confidential
31 information received from a financial institution.
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1 (305 ILCS 5/10-24.50 new)
2 Sec. 10-24.50. Financial institution's freedom from
3 liability. A financial institution that provides information
4 under Sections 10-24 through 10-24.50 shall not be liable to
5 any account holder, owner, or other person in any civil,
6 criminal, or administrative action for any of the following:
7 (1) Disclosing the required information to the
8 Illinois Department of Public Aid, any other provisions
9 of the law not withstanding.
10 (2) Holding, encumbering, or surrendering any of an
11 individual's accounts as defined in Section 10-24 in
12 response to a lien or order to withhold and deliver
13 issued by:
14 (A) the Illinois Department of Public Aid
15 under Sections 10-25 and 10-25.5; or
16 (B) a person or entity acting on behalf of the
17 Illinois Department of Public Aid.
18 (3) Any other action taken or omission made in good
19 faith to comply with Sections 10-24 through 10-24.50,
20 including individual or mechanical errors, provided that
21 the action or omission does not constitute gross
22 negligence or willful misconduct.
23 (305 ILCS 5/10-25 new)
24 Sec. 10-25. Administrative liens and levies on real
25 property for past-due child support.
26 (a) The State shall have a lien on all legal and
27 equitable interests of responsible relatives in their real
28 property in the amount of past-due child support owing
29 pursuant to an order for child support entered under Sections
30 10-10 and 10-11 of this Code, or under the Illinois Marriage
31 and Dissolution of Marriage Act, the Non-Support of Spouse
32 and Children Act, the Uniform Interstate Family Support Act,
33 or the Illinois Parentage Act of 1984.
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1 (b) The Illinois Department shall provide by rule for
2 notice to and an opportunity to be heard by each responsible
3 relative affected, and any final administrative decision
4 rendered by the Illinois Department shall be reviewed only
5 under and in accordance with the Administrative Review Law.
6 (c) When enforcing a lien under subsection (a) of this
7 Section, the Illinois Department shall have the authority to
8 execute notices of administrative liens and levies, which
9 shall contain the name and address of the responsible
10 relative, a legal description of the real property to be
11 levied, the fact that a lien is being claimed for past-due
12 child support, and such other information as the Illinois
13 Department may by rule prescribe. The Illinois Department
14 shall record the notice of lien with the recorder or
15 registrar of titles of the county or counties in which the
16 real estate is located.
17 (d) The State's lien under subsection (a) shall be
18 enforceable upon the recording or filing of a notice of lien
19 with the recorder or registrar of titles of the county or
20 counties in which the real estate is located. The lien shall
21 be prior to any lien thereafter recorded or filed and shall
22 be notice to a subsequent purchaser, assignor, or
23 encumbrancer of the existence and nature of the lien. The
24 lien shall be inferior to the lien of general taxes, special
25 assessment, and special taxes heretofore or hereafter levied
26 by any political subdivision or municipal corporation of the
27 State.
28 In the event that title to the land to be affected by the
29 notice of lien is registered under the Registered Titles
30 (Torrens) Act, the notice shall be filed in the office of the
31 registrar of titles as a memorial or charge upon each folium
32 of the register of titles affected by the notice; but the
33 State shall not have a preference over the rights of any bona
34 fide purchaser, mortgagee, judgment creditor, or other lien
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1 holders registered prior to the registration of the notice.
2 (e) The recorder or registrar of titles of each county
3 shall procure a file labeled "Child Support Lien Notices" and
4 an index book labeled "Child Support Lien Notices". When
5 notice of any lien is presented to the recorder or registrar
6 of titles for filing, the recorder or registrar of titles
7 shall file it in numerical order in the file and shall enter
8 it alphabetically in the index. The entry shall show the
9 name and last known address of the person named in the
10 notice, the serial number of the notice, the date and hour of
11 filing, and the amount of child support due at the time when
12 the lien is filed.
13 (f) The Illinois Department shall not be required to
14 furnish bond or make a deposit for or pay any costs or fees
15 of any court or officer thereof in any legal proceeding
16 involving the lien.
17 (g) To protect the lien of the State for past-due child
18 support, the Illinois Department may, from funds that are
19 available for that purpose, pay or provide for the payment of
20 necessary or essential repairs, purchase tax certificates,
21 pay balances due on land contracts, or pay or cause to be
22 satisfied any prior liens on the property to which the lien
23 hereunder applies.
24 (h) A lien on real property under this Section shall be
25 released pursuant to Section 12-101 of the Code of Civil
26 Procedure.
27 (i) The Illinois Department, acting in behalf of the
28 State, may foreclose the lien in a judicial proceeding to the
29 same extent and in the same manner as in the enforcement of
30 other liens. The process, practice, and procedure for the
31 foreclosure shall be the same as provided in the Code of
32 Civil Procedure.
33 (305 ILCS 5/10-25.5 new)
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1 Sec. 10-25.5. Administrative liens and levies on
2 personal property for past-due child support.
3 (a) The State shall have a lien on all legal and
4 equitable interests of responsible relatives in their
5 personal property, including any account in a financial
6 institution as defined in Section 10-24, or in the case of an
7 insurance company or benefit association only in accounts as
8 defined in Section 10-24, in the amount of past-due child
9 support owing pursuant to an order for child support entered
10 under Sections 10-10 and 10-11 of this Code, or under the
11 Illinois Marriage and Dissolution of Marriage Act, the
12 Non-Support of Spouse and Children Act, the Uniform
13 Interstate Family Support Act, or the Illinois Parentage Act
14 of 1984.
15 (b) The Illinois Department shall provide by rule for
16 notice to and an opportunity to be heard by each responsible
17 relative affected, and any final administrative decision
18 rendered by the Illinois Department shall be reviewed only
19 under and in accordance with the Administrative Review Law.
20 (c) When enforcing a lien under subsection (a) of this
21 Section, the Illinois Department shall have the authority to
22 execute notices of administrative liens and levies, which
23 shall contain the name and address of the responsible
24 relative, a description of the property to be levied, the
25 fact that a lien is being claimed for past-due child support,
26 and such other information as the Illinois Department may by
27 rule prescribe. The Illinois Department may serve the notice
28 of lien or levy upon any financial institution where the
29 accounts as defined in Section 10-24 of the responsible
30 relative may be held, for encumbrance or surrender of the
31 accounts as defined in Section 10-24 by the financial
32 institution.
33 (d) The Illinois Department shall enforce its lien
34 against the responsible relative's personal property, other
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1 than accounts as defined in Section 10-24 in financial
2 institutions, and levy upon such personal property in the
3 manner provided for enforcement of judgments contained in
4 Article XII of the Code of Civil Procedure.
5 (e) The Illinois Department shall not be required to
6 furnish bond or make a deposit for or pay any costs or fees
7 of any court or officer thereof in any legal proceeding
8 involving the lien.
9 (f) To protect the lien of the State for past-due child
10 support, the Illinois Department may, from funds that are
11 available for that purpose, pay or provide for the payment of
12 necessary or essential repairs, purchase tax certificates, or
13 pay or cause to be satisfied any prior liens on the property
14 to which the lien hereunder applies.
15 (g) A lien on personal property under this Section shall
16 be released in the manner provided under Article XII of the
17 Code of Civil Procedure. Notwithstanding the foregoing, a
18 lien under this Section on accounts as defined in Section
19 10-24 shall expire upon the passage of 120 days from the date
20 of issuance of the Notice of Lien or Levy by the Illinois
21 Department. However, the lien shall remain in effect during
22 the pendency of any appeal or protest.
23 (h) A lien created under this Section is subordinate to
24 any prior lien of the financial institution or any prior lien
25 holder or any prior right of set-off that the financial
26 institution may have against the assets, or in the case of an
27 insurance company or benefit association only in the accounts
28 as defined in Section 10-24.
29 (i) A financial institution has no obligation under this
30 Section to hold, encumber, or surrender the assets, or in the
31 case of an insurance company or benefit association only the
32 accounts as defined in Section 10-24, until the financial
33 institution has been properly served with a subpoena,
34 summons, warrant, court or administrative order, or
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1 administrative lien and levy requiring that action.
2 (305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2)
3 Sec. 12-10.2. The Child Support Enforcement Trust Fund,
4 to be held by the State Treasurer as ex-officio custodian
5 outside the State Treasury, pursuant to the Child Support
6 Enforcement Program established by Title IV-D of the Social
7 Security Act, shall consist of (1) all support payments
8 received by the Illinois Department under Sections 10-8,
9 10-10, 10-16 and 10-19 that are required by such Sections to
10 be paid into the Child Support Enforcement Trust Fund, and
11 (2) all federal grants received by the Illinois Department
12 funded by Title IV-D of the Social Security Act, except those
13 federal funds received under the Title IV-D program as
14 reimbursement for expenditures from the General Revenue Fund,
15 and (3) incentive payments received by the Illinois
16 Department from other states or political subdivisions of
17 other states for the enforcement and collection by the
18 Department of an assigned child support obligation in behalf
19 of such other states or their political subdivisions pursuant
20 to the provisions of Title IV-D of the Social Security Act,
21 and (4) incentive payments retained by the Illinois
22 Department from the amounts which otherwise would be paid to
23 the Federal government to reimburse the Federal government's
24 share of the support collection for the Department's
25 enforcement and collection of an assigned support obligation
26 on behalf of the State of Illinois pursuant to the provisions
27 of Title IV-D of the Social Security Act, and (5) all fees
28 charged by the Department for child support enforcement
29 services, as authorized under Title IV-D of the Social
30 Security Act and Section 10-1 of this Code, and any other
31 fees, costs, fines, recoveries, or penalties provided for by
32 State or federal law and received by the Department under the
33 Child Support Enforcement Program established by Title IV-D
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1 of the Social Security Act, and (6) all amounts appropriated
2 by the General Assembly for deposit into the Fund.
3 Disbursements from this Fund shall be only for the
4 following purposes: (1) for the reimbursement of funds
5 received by the Illinois Department through error or mistake,
6 and (2) for payments to non-recipients, current recipients
7 and former recipients of financial aid of support payments
8 received on their behalf under Article X of this Code,
9 pursuant to the provisions of Title IV-D of the Social
10 Security Act and rules promulgated by the Department, and (3)
11 for payment of any administrative expenses, including payment
12 to the Health Insurance Reserve Fund for group insurance
13 costs at the rate certified by the Department of Central
14 Management Services, except those required to be paid from
15 the General Revenue Fund, including personal and contractual
16 services, incurred in performing the Title IV-D activities
17 authorized by Article X of this Code, and (4) for the
18 reimbursement of the Public Assistance Emergency Revolving
19 Fund for expenditures made from that Fund for payments to
20 former recipients of public aid for child support made to the
21 Illinois Department when the former public aid recipient is
22 legally entitled to all or part of the child support
23 payments, pursuant to the provisions of Title IV-D of the
24 Social Security Act, and (5) for the payment of incentive
25 amounts owed to other states or political subdivisions of
26 other states that enforce and collect an assigned support
27 obligation on behalf of the State of Illinois pursuant to the
28 provisions of Title IV-D of the Social Security Act, and (6)
29 for the payment of incentive amounts owed to political
30 subdivisions of the State of Illinois that enforce and
31 collect an assigned support obligation on behalf of the State
32 pursuant to the provisions of Title IV-D of the Social
33 Security Act, and (7) for payments of any amounts which are
34 reimbursable to the Federal government which are required to
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1 be paid by State warrant by either the State or Federal
2 government. Disbursements from this Fund shall be by warrants
3 drawn by the State Comptroller on receipt of vouchers duly
4 executed and certified by the Illinois Department or any
5 other State agency that receives an appropriation from the
6 Fund.
7 The balance in this Fund on the first day of each
8 calendar quarter, after payment therefrom of any amounts
9 reimbursable to the Federal government, and minus the amount
10 reasonably anticipated to be needed to make disbursements
11 during the quarter authorized by this Section, shall be
12 certified by the Director of the Illinois Department and
13 transferred by the State Comptroller to the General Revenue
14 Fund in the State Treasury within 30 days of the first day of
15 each calendar quarter.
16 The balance transferred to the General Revenue Fund for
17 any fiscal year shall be not less than ten percent of the
18 total support payments received, and retained pursuant to the
19 provisions of Title IV-D of the Social Security Act, on
20 behalf of persons receiving financial assistance under
21 Article IV of this Code which were required to be deposited
22 to this Fund during that fiscal year. The above described
23 payments received and retained shall include the State and
24 Federal share of such payments.
25 (Source: P.A. 88-307; 89-21, eff. 7-1-95; 89-499, eff.
26 6-28-96.)
27 (305 ILCS 5/12-4.7c new)
28 Sec. 12-4.7c. Exchange of information after July 1, 1997.
29 (a) The Department of Human Services shall exchange with
30 the Illinois Department of Public Aid information that may be
31 necessary for the enforcement of child support orders entered
32 pursuant to Sections 10-10 and 10-11 of this Code or pursuant
33 to the Illinois Marriage and Dissolution of Marriage Act, the
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1 Non-Support of Spouse and Children Act, the Revised Uniform
2 Reciprocal Enforcement of Support Act, the Uniform Interstate
3 Family Support Act, or the Illinois Parentage Act of 1984.
4 (b) Notwithstanding any provisions in this Code to the
5 contrary, the Department of Human Services shall not be
6 liable to any person for any disclosure of information to the
7 Illinois Department of Public Aid under subsection (a) or for
8 any other action taken in good faith to comply with the
9 requirements of subsection (a).
10 Section 75. The Vital Records Act is amended by changing
11 Sections 11, 12, 17, 22, and 24 as follows:
12 (410 ILCS 535/11) (from Ch. 111 1/2, par. 73-11)
13 Sec. 11. Information required on forms.
14 (a) The form of certificates, reports, and other returns
15 required by this Act or by regulations adopted under this Act
16 shall include as a minimum the items recommended by the
17 federal agency responsible for national vital statistics,
18 subject to approval of and modification by the Department.
19 All forms shall be prescribed and furnished by the State
20 Registrar of Vital Records.
21 (b) On and after the effective date of this amendatory
22 Act of 1983, all forms used to collect information under this
23 Act which request information concerning the race or
24 ethnicity of an individual by providing spaces for the
25 designation of that individual as "white" or "black", or the
26 semantic equivalent thereof, shall provide an additional
27 space for a designation as "Hispanic".
28 (c) Effective November 1, 1990, the social security
29 numbers of the mother and father shall be collected at the
30 time of the birth of the child. These numbers shall not be
31 recorded on the certificate of live birth. The numbers may
32 be used only for those purposes allowed by Federal law.
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1 (d) The social security number of a person who has died
2 shall be entered on the death certificate; however, failure
3 to enter the social security number of the person who has
4 died on the death certificate does not invalidate the death
5 certificate.
6 (Source: P.A. 88-159.)
7 (410 ILCS 535/12) (from Ch. 111 1/2, par. 73-12)
8 Sec. 12. Live births; place of registration.
9 (1) Each live birth which occurs in this State shall be
10 registered with the local or subregistrar of the district in
11 which the birth occurred as provided in this Section, within
12 7 days after the birth. When a birth occurs on a moving
13 conveyance, the city, village, township, or road district in
14 which the child is first removed from the conveyance shall be
15 considered the place of birth and a birth certificate shall
16 be filed in the registration district in which the place is
17 located.
18 (2) When a birth occurs in an institution, the person in
19 charge of the institution or his designated representative
20 shall obtain and record all the personal and statistical
21 particulars relative to the parents of the child that are
22 required to properly complete the live birth certificate;
23 shall secure the required personal signatures on the hospital
24 worksheet; shall prepare the certificate from this worksheet;
25 and shall file the certificate with the local registrar. The
26 institution shall retain the hospital worksheet permanently
27 or as otherwise specified by rule. The physician in
28 attendance shall verify or provide the date of birth and
29 medical information required by the certificate, within 24
30 hours after the birth occurs.
31 (3) When a birth occurs outside an institution, the
32 certificate shall be prepared and filed by one of the
33 following in the indicated order of priority:
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1 (a) The physician in attendance at or immediately
2 after the birth, or in the absence of such a person,
3 (b) Any other person in attendance at or
4 immediately after the birth, or in the absence of such a
5 person,
6 (c) The father, the mother, or in the absence of
7 the father and the inability of the mother, the person in
8 charge of the premises where the birth occurred.
9 (4) Unless otherwise provided in this Act, if the mother
10 was not married to the father of the child at either the time
11 of conception or the time of birth, the name of the father
12 shall be entered on the child's birth certificate only if the
13 mother and the person to be named as the father have signed
14 an acknowledgment of parentage in accordance with subsection
15 (5).
16 Unless otherwise provided in this Act, if the mother was
17 married at the time of conception or birth and the presumed
18 father (that is, the mother's husband) is not the biological
19 father of the child, the name of the biological father shall
20 be entered on the child's birth certificate only if, in
21 accordance with subsection (5), (i) the mother and the person
22 to be named as the father have signed an acknowledgment of
23 parentage and (ii) the mother and presumed father have signed
24 a denial of paternity.
25 (5) Upon the birth of a child to an unmarried woman, or
26 upon the birth of a child to a woman who was married at the
27 time of conception or birth and whose husband is not the
28 biological father of the child, the institution at the time
29 of birth and the local registrar or county clerk after the
30 birth shall do the following:
31 (a) Provide (i) an opportunity for the child's
32 mother and father to sign an acknowledgment of parentage
33 and (ii) if the presumed father is not the biological
34 father, an opportunity for the mother and presumed father
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1 to sign a denial of paternity. The signing and
2 witnessing of the acknowledgment of parentage or, if the
3 presumed father of the child is not the biological
4 father, the acknowledgment of parentage and denial of
5 paternity conclusively establishes a parent and child
6 relationship in accordance with Sections 5 and 6 of the
7 Illinois Parentage Act of 1984.
8 The Illinois Department of Public Aid shall furnish
9 the acknowledgment of parentage and denial of paternity
10 form to institutions, county clerks, and State and local
11 registrars' offices. The form shall include instructions
12 to send the original signed and witnessed acknowledgment
13 of parentage and denial of paternity to the Illinois
14 Department of Public Aid.
15 (b) Provide the following documents, furnished by
16 the Illinois Department of Public Aid, to the child's
17 mother, biological father, and (if the person presumed to
18 be the child's father is not the biological father)
19 presumed father for their review at the time the
20 opportunity is provided to establish a parent and child
21 relationship:
22 (i) An explanation of the implications of,
23 alternatives to, legal consequences of, and the
24 rights and responsibilities that arise from signing
25 an acknowledgment of parentage and, if necessary, a
26 denial of paternity, including an explanation of the
27 parental rights and responsibilities of child
28 support, visitation, custody, retroactive support,
29 health insurance coverage, and payment of birth
30 expenses.
31 (ii) An explanation of the benefits of having
32 a child's parentage established and the availability
33 of parentage establishment and support enforcement
34 services.
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1 (iii) A request for an application for child
2 support services from the Illinois Department of
3 Public Aid.
4 (iv) Instructions concerning the opportunity,
5 before discharge from the institution, to speak,
6 either by telephone or in person, with staff of the
7 Illinois Department of Public Aid who are trained to
8 clarify information and answer questions about
9 paternity establishment.
10 (v) Instructions for completing and signing
11 the acknowledgment of parentage and denial of
12 paternity.
13 (c) Provide an oral explanation of the documents
14 and instructions set forth in subdivision (5)(b),
15 including an explanation of the implications of,
16 alternatives to, legal consequences of, and the rights
17 and responsibilities that arise from signing an
18 acknowledgment of parentage and, if necessary, a denial
19 of paternity.
20 (6) The institution, State or local registrar, or county
21 clerk shall provide an opportunity for the child's father or
22 mother to sign a rescission of parentage. The signing and
23 witnessing of the rescission of parentage voids the
24 acknowledgment of parentage and nullifies the presumption of
25 paternity if executed within the time frame contained in
26 Section 5 of the Illinois Parentage Act of 1984. The Illinois
27 Department of Public Aid shall furnish the rescission of
28 parentage form to institutions, county clerks, and State and
29 local registrars' offices. The form shall include
30 instructions to send the original signed and witnessed
31 rescission of parentage to the Illinois Department of Public
32 Aid.
33 (7) An acknowledgment of paternity signed pursuant to
34 Section 6 of the Illinois Parentage Act of 1984 may be
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1 challenged in court only on the basis of fraud, duress, or
2 material mistake of fact, with the burden of proof upon the
3 challenging party. Pending outcome of a challenge to the
4 acknowledgment of paternity, the legal responsibilities of
5 the signatories shall remain in full force and effect, except
6 upon order of the court upon a showing of good cause.
7 (8) When the process for acknowledgment of parentage as
8 provided for under subsection (5) establishes the paternity
9 of a child whose certificate of birth is on file in another
10 state, the Illinois Department of Public Aid shall forward a
11 copy of the acknowledgment of parentage, the denial of
12 paternity, if applicable, and the rescission of parentage, if
13 applicable, to the birth record agency of the state where the
14 child's certificate of birth is on file.
15 (Source: P.A. 88-159; 88-687, eff. 1-24-95; 89-641, eff.
16 8-9-96)
17 (410 ILCS 535/17) (from Ch. 111 1/2, par. 73-17)
18 Sec. 17. (1) For a person born in this State, the State
19 Registrar of Vital Records shall establish a new certificate
20 of birth when he receives any of the following:
21 (a) A certificate of adoption as provided in
22 Section 16 or a certified copy of the order of adoption
23 together with the information necessary to identify the
24 original certificate of birth and to establish the new
25 certificate of birth; except that a new certificate of
26 birth shall not be established if so requested by the
27 court ordering the adoption, the adoptive parents, or the
28 adopted person.
29 (b) A certificate of adoption or a certified copy
30 of the order of adoption entered in a court of competent
31 jurisdiction of any other state or country declaring
32 adopted a child born in the State of Illinois, together
33 with the information necessary to identify the original
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1 certificate of birth and to establish the new certificate
2 of birth; except that a new certificate of birth shall
3 not be established if so requested by the court ordering
4 the adoption, the adoptive parents, or the adopted
5 person.
6 (c) A request that a new certificate be established
7 and such evidence as required by regulation proving that
8 such person has been legitimatized, or that the circuit
9 court, or the Illinois Department of Public Aid, or a
10 court or administrative agency of any other state has
11 established determined the paternity of such a person by
12 judicial or administrative processes or by voluntary
13 acknowledgment, which is accompanied by the social
14 security numbers of all persons determined and presumed
15 to be the parents.
16 (d) An affidavit by a physician that he has
17 performed an operation on a person, and that by reason of
18 the operation the sex designation on such person's birth
19 record should be changed. The State Registrar of Vital
20 Records may make any investigation or require any further
21 information he deems necessary.
22 Each request for a new certificate of birth shall be
23 accompanied by a fee of $15 and entitles the applicant to one
24 certification or certified copy of the new certificate. If
25 the request is for additional copies, it shall be accompanied
26 by a fee of $2 for each additional certification or certified
27 copy.
28 (2) When a new certificate of birth is established, the
29 actual place and date of birth shall be shown; provided, in
30 the case of adoption of a person born in this State by
31 parents who were residents of this State at the time of the
32 birth of the adopted person, the place of birth may be shown
33 as the place of residence of the adoptive parents at the time
34 of such person's birth, if specifically requested by them,
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1 and any new certificate of birth established prior to the
2 effective date of this amendatory Act may be corrected
3 accordingly if so requested by the adoptive parents or the
4 adopted person when of legal age. The social security numbers
5 of the parents shall not be recorded on the certificate of
6 birth. The social security numbers may only be used for
7 purposes allowed under federal law. The new certificate shall
8 be substituted for the original certificate of birth:
9 (a) Thereafter, the original certificate and the
10 evidence of adoption, paternity, legitimation, or sex
11 change shall not be subject to inspection or
12 certification except upon order of the circuit court or
13 as provided by regulation.
14 (b) Upon receipt of notice of annulment of
15 adoption, the original certificate of birth shall be
16 restored to its place in the files, and the new
17 certificate and evidence shall not be subject to
18 inspection or certification except upon order of the
19 circuit court.
20 (3) If no certificate of birth is on file for the person
21 for whom a new certificate is to be established under this
22 Section, a delayed record of birth shall be filed with the
23 State Registrar of Vital Records as provided in Section 14 or
24 Section 15 of this Act before a new certificate of birth is
25 established, except that when the date and place of birth and
26 parentage have been established in the adoption proceedings,
27 a delayed record shall not be required.
28 (4) When a new certificate of birth is established by
29 the State Registrar of Vital Records, all copies of the
30 original certificate of birth in the custody of any custodian
31 of permanent local records in this State shall be transmitted
32 to the State Registrar of Vital Records as directed, and
33 shall be sealed from inspection.
34 (5) Nothing in this Section shall be construed to
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1 prohibit the amendment of a birth certificate in accordance
2 with subsection (6) of Section 22.
3 (Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626,
4 eff. 8-9-96.)
5 (410 ILCS 535/22) (from Ch. 111 1/2, par. 73-22)
6 Sec. 22. (1) A certificate or record filed under this
7 Act may be amended only in accordance with this Act and such
8 regulations as the Department may adopt to protect the
9 integrity of vital records. An application for an amendment
10 shall be accompanied by a fee of $15 which includes the
11 provision of one certification or certified copy of the
12 amended birth record. If the request is for additional
13 copies, it shall be accompanied by a fee of $2 for each
14 additional certification or certified copy. Such amendments
15 may only be made in connection with the original certificates
16 and may not be made on copies of such certificates without
17 the approval of the State Registrar of Vital Records. The
18 provisions of this Section shall also be applicable to a
19 certificate or record filed under any former Act relating to
20 the registration of births, stillbirths, and deaths. Any
21 original certificate or record filed with the county clerk
22 prior to January 1, 1916, may be amended by the county clerk
23 under the same provisions of this Section, or regulations
24 adopted pursuant thereto, as apply to the State Registrar of
25 Vital Records governing amendments to certificates or records
26 filed with the Department subsequent to December 31, 1915.
27 (2) A certificate that is amended under this Section
28 after its filing shall have the correction entered on its
29 face; shall clearly indicate that an amendment has been made;
30 and shall show the date of the amendment. A summary
31 description of the evidence submitted in support of an
32 amendment shall be permanently retained by the Department
33 either as an original record or in microphotographic form.
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1 Documents from which such summary descriptions are made may
2 be returned by the Department to the person or persons
3 submitting them. The Department shall prescribe by
4 regulation the conditions under which, within one year after
5 the date of occurrence, additions or minor corrections may be
6 made without the certificate being considered amended.
7 (3) An amendment to a delayed birth registration
8 established under the provisions of Section 15 of this Act
9 may be made by the State Registrar of Vital Records only upon
10 the basis of an order from the court which originally
11 established the facts of birth.
12 (4) Upon receipt of a certified copy of a court order
13 changing the name or names of a person born in this State,
14 the official custodian shall amend the original certificate
15 of birth to reflect the changes.
16 (5) (Blank).
17 (6) When the paternity of a child with a certificate of
18 birth on file in this State is established through voluntary
19 acknowledgment or by a court or administrative agency under
20 the laws of this or any other state Illinois Department of
21 Public Aid establishes paternity based on a voluntary
22 acknowledgement of paternity of a child by the child's mother
23 and alleged father under Section 10-17.7 of the Illinois
24 Public Aid Code, the State Registrar of Vital Records shall
25 amend the original record accordingly, upon notification from
26 a circuit court of this State or the Illinois Department of
27 Public Aid, or upon receipt of a certified copy of another
28 state's acknowledgment or judicial or administrative
29 determination of paternity.
30 (7) Notwithstanding any other provision of this Act, if
31 an adopted person applies in accordance with this Section for
32 the amendment of the name on his or her birth certificate,
33 the State Registrar shall amend the birth certificate if the
34 person provides documentation or other evidence supporting
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1 the application that would be deemed sufficient if the
2 documentation or evidence had been submitted in support of an
3 application by a person who has not been adopted.
4 (8) When paternity has been established after the birth
5 in accordance with Section 12, the State Registrar of Vital
6 Records shall amend the original record accordingly.
7 (9) Upon application by the parents not later than one
8 year after an acknowledgment of parentage under this Act or
9 the Illinois Public Aid Code or a judicial or administrative
10 determination or establishment of paternity or parentage, the
11 State Registrar of Vital Records shall amend the child's name
12 on the child's certificate of birth in accordance with the
13 application. No more than one application to change a
14 child's name may be made under this subsection (9).
15 (10) When a certificate is amended by the State
16 Registrar of Vital Records under this Section, the State
17 Registrar of Vital Records shall furnish a copy of the
18 summary description to the custodian of any permanent local
19 records and such records shall be amended accordingly.
20 (Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626,
21 eff. 8-9-96; 89-641, eff. 8-9-96.)
22 (410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24)
23 Sec. 24. (1) To protect the integrity of vital records,
24 to insure their proper use, and to insure the efficient and
25 proper administration of the vital records system, access to
26 vital records, and indexes thereof, including vital records
27 in the custody of local registrars and county clerks
28 originating prior to January 1, 1916, is limited to the
29 custodian and his employees, and then only for administrative
30 purposes, except that the indexes of those records in the
31 custody of local registrars and county clerks, originating
32 prior to January 1, 1916, shall be made available to persons
33 for the purpose of genealogical research. Original,
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1 photographic or microphotographic reproductions of original
2 records of births 100 years old and older and deaths 50 years
3 old and older, and marriage records 75 years old and older on
4 file in the State Office of Vital Records and in the custody
5 of the county clerks may be made available for inspection in
6 the Illinois State Archives reference area, Illinois Regional
7 Archives Depositories, and other libraries approved by the
8 Illinois State Registrar and the Director of the Illinois
9 State Archives, provided that the photographic or
10 microphotographic copies are made at no cost to the county or
11 to the State of Illinois. It is unlawful for any custodian
12 to permit inspection of, or to disclose information contained
13 in, vital records, or to copy or permit to be copied, all or
14 part of any such record except as authorized by this Act or
15 regulations adopted pursuant thereto.
16 (2) The State Registrar of Vital Records, or his agent,
17 and any municipal, county, multi-county, public health
18 district, or regional health officer recognized by the
19 Department may examine vital records for the purpose only of
20 carrying out the public health programs and responsibilities
21 under his jurisdiction.
22 (3) The State Registrar of Vital Records, may disclose,
23 or authorize the disclosure of, data contained in the vital
24 records when deemed essential for bona fide research purposes
25 which are not for private gain.
26 This amendatory Act of 1973 does not apply to any home
27 rule unit.
28 (4) The State Registrar shall exchange with the Illinois
29 Department of Public Aid information that may be necessary
30 for the establishment of paternity and the establishment,
31 modification, and enforcement of child support orders entered
32 pursuant to the Illinois Public Aid Code, the Illinois
33 Marriage and Dissolution of Marriage Act, the Non-Support of
34 Spouse and Children Act, the Revised Uniform Reciprocal
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1 Enforcement of Support Act, the Uniform Interstate Family
2 Support Act, or the Illinois Parentage Act of 1984.
3 Notwithstanding any provisions in this Act to the contrary,
4 the State Registrar shall not be liable to any person for any
5 disclosure of information to the Illinois Department of
6 Public Aid under this subsection or for any other action
7 taken in good faith to comply with the requirements of this
8 subsection.
9 (Source: P.A. 86-572; 87-1058.)
10 Section 80. The Illinois Vehicle Code is amended by
11 adding Section 2-109.1 as follows:
12 (625 ILCS 5/2-109.1 new)
13 Sec. 2-109.1. Exchange of information.
14 (a) The Secretary of State shall exchange information
15 with the Illinois Department of Public Aid which may be
16 necessary for the establishment of paternity and the
17 establishment, modification, and enforcement of child support
18 orders pursuant to the Illinois Public Aid Code, the Illinois
19 Marriage and Dissolution of Marriage Act, the Non-Support of
20 Spouse and Children Act, the Revised Uniform Reciprocal
21 Enforcement of Support Act, the Uniform Interstate Family
22 Support Act, or the Illinois Parentage Act of 1984.
23 (b) Notwithstanding any provisions in this Code to the
24 contrary, the Secretary of State shall not be liable to any
25 person for any disclosure of information to the Illinois
26 Department of Public Aid under subsection (a) or for any
27 other action taken in good faith to comply with the
28 requirements of subsection (a).
29 Section 85. The Unified Code of Corrections is amended
30 by adding Section 3-5-4 as follows:
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1 (730 ILCS 5/3-5-4 new)
2 Sec. 3-5-4. Exchange of information for child support
3 enforcement.
4 (a) The Department shall exchange with the Illinois
5 Department of Public Aid information that may be necessary
6 for the enforcement of child support orders entered pursuant
7 to the Illinois Public Aid Code, the Illinois Marriage and
8 Dissolution of Marriage Act, the Non-Support of Spouse and
9 Children Act, the Revised Uniform Reciprocal Enforcement of
10 Support Act, the Uniform Interstate Family Support Act, or
11 the Illinois Parentage Act of 1984.
12 (b) Notwithstanding any provisions in this Code to the
13 contrary, the Department shall not be liable to any person
14 for any disclosure of information to the Illinois Department
15 of Public Aid under subsection (a) or for any other action
16 taken in good faith to comply with the requirements of
17 subsection (a).
18 Section 90. The Code of Civil Procedure is amended by
19 changing Sections 2-1401, 12-101, 12-108, and 12-652 as
20 follows:
21 (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
22 Sec. 2-1401. Relief from judgments. (a) Relief from
23 final orders and judgments, after 30 days from the entry
24 thereof, may be had upon petition as provided in this
25 Section. Writs of error coram nobis and coram vobis, bills of
26 review and bills in the nature of bills of review are
27 abolished. All relief heretofore obtainable and the grounds
28 for such relief heretofore available, whether by any of the
29 foregoing remedies or otherwise, shall be available in every
30 case, by proceedings hereunder, regardless of the nature of
31 the order or judgment from which relief is sought or of the
32 proceedings in which it was entered. Except as provided in
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1 Section 6 of the Illinois Parentage Act of 1984, there shall
2 be no distinction between actions and other proceedings,
3 statutory or otherwise, as to availability of relief, grounds
4 for relief or the relief obtainable.
5 (b) The petition must be filed in the same proceeding in
6 which the order or judgment was entered but is not a
7 continuation thereof. The petition must be supported by
8 affidavit or other appropriate showing as to matters not of
9 record. All parties to the petition shall be notified as
10 provided by rule.
11 (c) Except as provided in Section 20b of the Adoption
12 Act, the petition must be filed not later than 2 years after
13 the entry of the order or judgment. Time during which the
14 person seeking relief is under legal disability or duress or
15 the ground for relief is fraudulently concealed shall be
16 excluded in computing the period of 2 years.
17 (d) The filing of a petition under this Section does not
18 affect the order or judgment, or suspend its operation.
19 (e) Unless lack of jurisdiction affirmatively appears
20 from the record proper, the vacation or modification of an
21 order or judgment pursuant to the provisions of this Section
22 does not affect the right, title or interest in or to any
23 real or personal property of any person, not a party to the
24 original action, acquired for value after the entry of the
25 order or judgment but before the filing of the petition, nor
26 affect any right of any person not a party to the original
27 action under any certificate of sale issued before the filing
28 of the petition, pursuant to a sale based on the order or
29 judgment.
30 (f) Nothing contained in this Section affects any
31 existing right to relief from a void order or judgment, or to
32 employ any existing method to procure that relief.
33 (Source: P.A. 88-550, eff. 7-3-94.)
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1 (735 ILCS 5/12-101) (from Ch. 110, par. 12-101)
2 Sec. 12-101. Lien of judgment. With respect to the
3 creation of liens on real estate by judgments, all real
4 estate in the State of Illinois is divided into 2 classes.
5 The first class consists of all real property, the title
6 to which is registered under "An Act concerning land titles",
7 approved May 1, 1897, as amended.
8 The second class consists of all real property not
9 registered under "An Act concerning land titles".
10 As to real estate in class one, a judgment is a lien on
11 the real estate of the person against whom it is entered for
12 the same period as in class two, when Section 85 of "An Act
13 concerning land titles", has been complied with.
14 As to real estate included within class two, a judgment,
15 including judgments resulting from entry of orders requiring
16 child support payments, is a lien on the real estate of the
17 person against whom it is entered in any county in this
18 State, including the county in which it is entered, only from
19 the time a transcript, certified copy or memorandum of the
20 judgment is filed in the office of the recorder in the county
21 in which the real estate is located. A judgment resulting
22 from the entry of an order requiring child support payments
23 shall be a lien upon the real estate of the person obligated
24 to make the child support payments, but shall not be
25 enforceable in any county of this State until a transcript,
26 certified copy, or memorandum of the lien is filed in the
27 office of the recorder in the county in which the real estate
28 is located. Any lien hereunder arising out of an order for
29 support shall be a lien only as to and from the time that an
30 installment or payment is due under the terms of the order.
31 Further, the order for support shall not be a lien on real
32 estate to the extent of payments made as evidenced by the
33 records of the Clerk of the Circuit Court or State agency
34 receiving payments pursuant to the order. In the event
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1 payments made pursuant to that order are not paid to the
2 Clerk of the Circuit Court or a State agency, then each lien
3 imposed by this Section may be released in the following
4 manner:
5 (a) A Notice of Filing and an affidavit stating
6 that all installments of child support required to be
7 paid pursuant to the order under which the lien or liens
8 were imposed have been paid shall be filed with the
9 office of recorder in each county in which each such lien
10 appears of record, together with proof of service of such
11 notice and affidavit upon the recipient of such payments.
12 (b) Service of such affidavit shall be by any means
13 authorized under Sections 2-203 and 2-208 of the Code of
14 Civil Procedure or under Supreme Court Rules 11 or
15 105(b).
16 (c) The Notice of Filing shall set forth the name
17 and address of the judgment debtor and the judgment
18 creditor, the court file number of the order giving rise
19 to the judgment and, in capital letters, the following
20 statement:
21 YOU ARE HEREBY NOTIFIED THAT ON...., 19..,THE ATTACHED
22 AFFIDAVIT WAS FILED IN THE OFFICE OF THE RECORDER OF....
23 COUNTY, ILLINOIS, WHOSE ADDRESS IS........, ILLINOIS. IF,
24 WITHIN 28 DAYS OF THE DATE OF THIS NOTICE, YOU FAIL TO FILE
25 AN AFFIDAVIT OBJECTING TO THE RELEASE OF THE STATED JUDGMENT
26 LIEN OR LIENS, IN THE ABOVE OFFICE, SUCH JUDGMENT LIEN WILL
27 BE DEEMED TO BE RELEASED AND NO LONGER SUBJECT TO
28 FORECLOSURE. THIS RELEASE OF LIEN WILL NOT ACT AS A
29 SATISFACTION OF SUCH JUDGMENT.
30 (d) If no affidavit objecting to the release of the
31 lien or liens is filed within 28 days of the Notice
32 described in paragraph (c) of this Section such lien or
33 liens shall be deemed to be released and no longer
34 subject to foreclosure.
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1 A judgment is not a lien on real estate for longer than 7
2 years from the time it is entered or revived.
3 When a judgment is revived it is a lien on the real
4 estate of the person against whom it was entered in any
5 county in this State from the time a transcript, certified
6 copy or memorandum of the order of revival is filed in the
7 office of the recorder in the county in which the real estate
8 is located.
9 A foreign judgment registered pursuant to Sections 12-601
10 through 12-618 of this Act is a lien upon the real estate of
11 the person against whom it was entered only from the time (1)
12 a certified copy of the verified petition for registration of
13 the foreign judgment or (2) a transcript, certified copy or
14 memorandum of the final judgment of the court of this State
15 entered on that foreign judgment is filed in the office of
16 the recorder in the county in which the real estate is
17 located. However, no such judgment shall be a lien on any
18 real estate registered under "An Act concerning land titles",
19 as amended, until Section 85 of that Act has been complied
20 with.
21 The release of any transcript, certified copy or
22 memorandum of judgment or order of revival which has been
23 recorded shall be filed by the person receiving the release
24 in the office of the recorder in which such judgment or order
25 has been recorded.
26 Such release shall contain in legible letters a statement
27 as follows:
28 FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL BE
29 FILED WITH THE RECORDER OR THE REGISTRAR OF TITLES
30 IN WHOSE OFFICE THE LIEN WAS FILED.
31 The term "memorandum" as used in this Section means a
32 memorandum or copy of the judgment signed by a judge or a
33 copy attested by the clerk of the court entering it and
34 showing the court in which entered, date, amount, number of
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1 the case in which it was entered, name of the party in whose
2 favor and name and last known address of the party against
3 whom entered. If the address of the party against whom the
4 judgment was entered is not known, the memorandum or copy of
5 judgment shall so state.
6 The term "memorandum" as used in this Section also means
7 a memorandum or copy of a child support order signed by a
8 judge or a copy attested by the clerk of the court entering
9 it or a copy attested by the administrative body entering it.
10 This Section shall not be construed as showing an
11 intention of the legislature to create a new classification
12 of real estate, but shall be construed as showing an
13 intention of the legislature to continue a classification
14 already existing.
15 (Source: P.A. 85-1156; 86-1329.)
16 (735 ILCS 5/12-108) (from Ch. 110, par. 12-108)
17 Sec. 12-108. Limitation on enforcement. (a) Except as
18 herein provided, no judgment shall be enforced after the
19 expiration of 7 years from the time the same is rendered,
20 except upon the revival of the same by a proceeding provided
21 by Section 2-1601 of this Act; but real estate, levied upon
22 within the 7 years, may be sold to enforce the judgment at
23 any time within one year after the expiration of the 7 years.
24 A judgment recovered in an action for damages for an injury
25 described in Section 13-214.1 may be enforced at any time.
26 Child support judgments, including those arising by operation
27 of law, may be enforced at any time.
28 (b) No judgment shall be enforced against a police
29 officer employed by a municipality if the corporate authority
30 of the municipality files with the clerk of the court in
31 which the judgment was entered a statement certifying: (1)
32 such police officer was employed by the municipality and was
33 within the scope and course of his employment at the time of
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1 the occurrence giving rise to the action in which the
2 judgment is entered and (2) the municipality indemnifies the
3 police officer in the amount of the judgment and interest
4 thereon. In such event, the judgment creditor may enforce
5 the judgment against the municipality in the same manner and
6 to the same extent as if the municipality were the judgment
7 debtor.
8 (Source: P.A. 85-293.)
9 (735 ILCS 5/12-652) (from Ch. 110, par. 12-652)
10 Sec. 12-652. Filing and Status of Foreign Judgments.
11 (a) A copy of any foreign judgment authenticated in
12 accordance with the acts of Congress or the statutes of this
13 State may be filed in the office of the circuit clerk for any
14 county of this State. The clerk shall treat the foreign
15 judgment in the same manner as a judgment of the circuit
16 court for any county of this State. A judgment so filed has
17 the same effect and is subject to the same procedures,
18 defenses and proceedings for reopening, vacating, or staying
19 as a judgment of a circuit court for any county of this State
20 and may be enforced or satisfied in like manner.
21 (b) A foreign judgment or lien arising by operation of
22 law, and resulting from an order requiring child support
23 payments shall be entitled to full faith and credit in this
24 State, shall be enforceable in the same manner as any
25 judgment or lien of this State resulting from an order
26 requiring child support payments, and shall not be required
27 to be filed with the office of the circuit clerk in any
28 county of this State, except as provided for in Sections
29 10-25 and 10-25.5 of the Illinois Public Aid Code.
30 (Source: P.A. 87-358; 87-895.)
31 Section 95. The Uniform Fraudulent Transfer Act is
32 amended by changing Section 2 as follows:
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1 (740 ILCS 160/2) (from Ch. 59, par. 102)
2 Sec. 2. As used in this Act:
3 (a) "Affiliate" means:
4 (1) a person who directly or indirectly owns, controls,
5 or holds with power to vote, 20% or more of the outstanding
6 voting securities of the debtor, other than a person who
7 holds the securities,
8 (A) as a fiduciary or agent without sole discretionary
9 power to vote the securities; or
10 (B) solely to secure a debt, if the person has not
11 exercised the power to vote;
12 (2) a corporation with 20% or more outstanding voting
13 securities which are directly or indirectly owned,
14 controlled, or held with power to vote, by the debtor or a
15 person who directly or indirectly owns, controls, or holds
16 with power to vote, 20% or more of the outstanding voting
17 securities of the debtor, other than a person who holds the
18 securities,
19 (A) as a fiduciary or agent without sole power to vote
20 the securities; or
21 (B) solely to secure a debt, if the person has not in
22 fact exercised the power to vote;
23 (3) a person whose business is operated by the debtor
24 under a lease or other agreement, or a person substantially
25 all of whose assets are controlled by the debtor; or
26 (4) a person who operates the debtor's business under a
27 lease or other agreement or controls substantially all of the
28 debtor's assets.
29 (b) "Asset" means property of a debtor, but the term
30 does not include:
31 (1) property to the extent it is encumbered by a valid
32 lien;
33 (2) property to the extent it is generally exempt under
34 laws of this State; or
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1 (3) an interest in property held in tenancy by the
2 entireties to the extent it is not subject to process by a
3 creditor holding a claim against only one tenant.
4 (c) "Claim" means a right to payment, whether or not the
5 right is reduced to judgment, liquidated, unliquidated,
6 fixed, contingent, matured, unmatured, disputed, undisputed,
7 legal, equitable, secured, or unsecured.
8 (d) "Creditor" means a person who has a claim, including
9 a claim for past-due child support.
10 (e) "Debt" means liability on a claim.
11 (f) "Debtor" means a person who is liable on a claim.
12 (g) "Insider" includes:
13 (1) if the debtor is an individual,
14 (A) a relative of the debtor or of a general partner of
15 the debtor;
16 (B) a partnership in which the debtor is a general
17 partner;
18 (C) a general partner in a partnership described in
19 clause (B); or
20 (D) a corporation of which the debtor is a director,
21 officer, or person in control;
22 (2) if the debtor is a corporation,
23 (A) a director of the debtor;
24 (B) an officer of the debtor;
25 (C) a person in control of the debtor;
26 (D) a partnership in which the debtor is a general
27 partner;
28 (E) a general partner in a partnership described in
29 clause (D); or
30 (F) a relative of a general partner, director, officer,
31 or person in control of the debtor;
32 (3) if the debtor is a partnership,
33 (A) a general partner in the debtor;
34 (B) a relative of a general partner in, a general
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1 partner of, or a person in control of the debtor;
2 (C) another partnership in which the debtor is a general
3 partner;
4 (D) a general partner in a partnership described in
5 clause (C); or
6 (E) a person in control of the debtor;
7 (4) an affiliate, or an insider of an affiliate as if
8 the affiliate were the debtor; and
9 (5) a managing agent of the debtor.
10 (h) "Lien" means a charge against or an interest in
11 property to secure payment of a debt or performance of an
12 obligation, and includes a security interest created by
13 agreement, a judicial lien obtained by legal or equitable
14 process or proceedings, a common-law lien, or a statutory
15 lien.
16 (i) "Person" means an individual, partnership,
17 corporation, association, organization, government or
18 governmental subdivision or agency, business trust, estate,
19 trust, or any other legal or commercial entity.
20 (j) "Property" means anything that may be the subject of
21 ownership.
22 (k) "Relative" means an individual related by
23 consanguinity within the third degree as determined by the
24 common law, a spouse, or an individual related to a spouse
25 within the third degree as so determined, and includes an
26 individual in an adoptive relationship within the third
27 degree.
28 (l) "Transfer" means every mode, direct or indirect,
29 absolute or conditional, voluntary or involuntary, of
30 disposing of or parting with an asset or an interest in an
31 asset, and includes payment of money, release, lease, and
32 creation of a lien or other encumbrance.
33 (m) "Valid lien" means a lien that is effective against
34 the holder of a judicial lien subsequently obtained by legal
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1 or equitable process or proceedings.
2 (Source: P.A. 86-814.)
3 Section 100. The Illinois Marriage and Dissolution of
4 Marriage Act is amended by changing Sections 505, 505.1,
5 505.2, 507, 705, 706.1, and 707 as follows:
6 (750 ILCS 5/505) (from Ch. 40, par. 505)
7 Sec. 505. Child support; contempt; penalties.
8 (a) In a proceeding for dissolution of marriage, legal
9 separation, declaration of invalidity of marriage, a
10 proceeding for child support following dissolution of the
11 marriage by a court which lacked personal jurisdiction over
12 the absent spouse, a proceeding for modification of a
13 previous order for child support under Section 510 of this
14 Act, or any proceeding authorized under Section 501 or 601 of
15 this Act, the court may order either or both parents owing a
16 duty of support to a child of the marriage to pay an amount
17 reasonable and necessary for his support, without regard to
18 marital misconduct. The duty of support owed to a minor
19 child includes the obligation to provide for the reasonable
20 and necessary physical, mental and emotional health needs of
21 the child.
22 (1) The Court shall determine the minimum amount of
23 support by using the following guidelines:
24 Number of Children Percent of Supporting Party's
25 Net Income
26 1 20%
27 2 25%
28 3 32%
29 4 40%
30 5 45%
31 6 or more 50%
32 (2) The above guidelines shall be applied in each
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1 case unless the court makes a finding that application of
2 the guidelines would be inappropriate, after considering
3 the best interests of the child in light of evidence
4 including but not limited to one or more of the following
5 relevant factors:
6 (a) the financial resources and needs of the
7 child;
8 (b) the financial resources and needs of the
9 custodial parent;
10 (c) the standard of living the child would
11 have enjoyed had the marriage not been dissolved;
12 (d) the physical and emotional condition of
13 the child, and his educational needs; and
14 (e) the financial resources and needs of the
15 non-custodial parent.
16 If the court deviates from the guidelines, the
17 court's finding shall state the amount of support that
18 would have been required under the guidelines, if
19 determinable. The court shall include the reason or
20 reasons for the variance from the guidelines.
21 (3) "Net income" is defined as the total of all
22 income from all sources, minus the following deductions:
23 (a) Federal income tax (properly calculated
24 withholding or estimated payments);
25 (b) State income tax (properly calculated
26 withholding or estimated payments);
27 (c) Social Security (FICA payments);
28 (d) Mandatory retirement contributions
29 required by law or as a condition of employment;
30 (e) Union dues;
31 (f) Dependent and individual
32 health/hospitalization insurance premiums;
33 (g) Prior obligations of support or
34 maintenance actually paid pursuant to a court order;
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1 (h) Expenditures for repayment of debts that
2 represent reasonable and necessary expenses for the
3 production of income, medical expenditures necessary
4 to preserve life or health, reasonable expenditures
5 for the benefit of the child and the other parent,
6 exclusive of gifts. The court shall reduce net
7 income in determining the minimum amount of support
8 to be ordered only for the period that such payments
9 are due and shall enter an order containing
10 provisions for its self-executing modification upon
11 termination of such payment period.
12 (4) In cases where the court order provides for
13 health/hospitalization insurance coverage pursuant to
14 Section 505.2 of this Act, the premiums for that
15 insurance, or that portion of the premiums for which the
16 supporting party is responsible in the case of insurance
17 provided through an employer's health insurance plan
18 where the employer pays a portion of the premiums, shall
19 be subtracted from net income in determining the minimum
20 amount of support to be ordered.
21 (4.5) In a proceeding for child support following
22 dissolution of the marriage by a court that lacked
23 personal jurisdiction over the absent spouse, and in
24 which the court is requiring payment of support for the
25 period before the date an order for current support is
26 entered, there is a rebuttable presumption that the
27 supporting party's net income for the prior period was
28 the same as his or her net income at the time the order
29 for current support is entered.
30 (5) If the net income cannot be determined because
31 of default or any other reason, the court shall order
32 support in an amount considered reasonable in the
33 particular case. The final order in all cases shall
34 state the support level in dollar amounts.
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1 (b) Failure of either parent to comply with an order to
2 pay support shall be punishable as in other cases of
3 contempt. In addition to other penalties provided by law the
4 Court may, after finding the parent guilty of contempt, order
5 that the parent be:
6 (1) placed on probation with such conditions of
7 probation as the Court deems advisable;
8 (2) sentenced to periodic imprisonment for a period
9 not to exceed 6 months; provided, however, that the Court
10 may permit the parent to be released for periods of time
11 during the day or night to:
12 (A) work; or
13 (B) conduct a business or other self-employed
14 occupation.
15 The Court may further order any part or all of the
16 earnings of a parent during a sentence of periodic
17 imprisonment paid to the Clerk of the Circuit Court or to the
18 parent having custody or to the guardian having custody of
19 the minor children of the sentenced parent for the support of
20 said minor children until further order of the Court.
21 The court may also order in cases where the parent is 90
22 days or more delinquent in payment of support or has been
23 adjudicated in arrears in an amount equal to 90 days
24 obligation or more, that the parent's Illinois driving
25 privileges be suspended until the court determines that the
26 parent is in compliance with the order of support. The court
27 may also order that the parent be issued a family financial
28 responsibility driving permit that would allow limited
29 driving privileges for employment and medical purposes in
30 accordance with Section 7-702.1 of the Illinois Vehicle Code.
31 The clerk of the circuit court shall certify the order
32 suspending the driving privileges of the parent or granting
33 the issuance of a family financial responsibility driving
34 permit to the Secretary of State on forms prescribed by the
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1 Secretary. Upon receipt of the authenticated documents, the
2 Secretary of State shall suspend the parent's driving
3 privileges until further order of the court and shall, if
4 ordered by the court, subject to the provisions of Section
5 7-702.1 of the Illinois Vehicle Code, issue a family
6 financial responsibility driving permit to the parent.
7 (c) A one-time charge of 20% is imposable upon the
8 amount of past-due child support owed on July 1, 1988 which
9 has accrued under a support order entered by the court. The
10 charge shall be imposed in accordance with the provisions of
11 Section 10-21 of the Illinois Public Aid Code and shall be
12 enforced by the court upon petition.
13 (d) Any new or existing support order entered by the
14 court under this Section shall be deemed to be a series of
15 judgments against the person obligated to pay support
16 thereunder, each such judgment to be in the amount of each
17 payment or installment of support and each such judgment to
18 be deemed entered as of the date the corresponding payment or
19 installment becomes due under the terms of the support order.
20 Each such judgment shall have the full force, effect and
21 attributes of any other judgment of this State, including the
22 ability to be enforced. A lien arises by operation of law
23 against the real and personal property of the noncustodial
24 parent for each installment of overdue support owed by the
25 noncustodial parent.
26 (e) When child support is to be paid through the clerk
27 of the court in a county of 1,000,000 inhabitants or less,
28 the order shall direct the obligor to pay to the clerk, in
29 addition to the child support payments, all fees imposed by
30 the county board under paragraph (3) of subsection (u) of
31 Section 27.1 of the Clerks of Courts Act. Unless paid in
32 cash or pursuant to an order for withholding, the payment of
33 the fee shall be by a separate instrument from the support
34 payment and shall be made to the order of the Clerk.
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1 (f) All orders An order for support, when entered or
2 modified, in a case in which a party is receiving child and
3 spouse support services under Article X of the Illinois
4 Public Aid Code shall include a provision requiring the
5 obligor to notify the court and, in cases in which a party is
6 receiving child and spouse services under Article X of the
7 Illinois Public Aid Code, the Illinois Department of Public
8 Aid, within 7 days, (i) of the name and address of any new
9 employer of the obligor, (ii) whether the obligor has access
10 to health insurance coverage through the employer or other
11 group coverage, and, (iii) if so, the policy name and number
12 and the names of persons covered under the policy, and (iii)
13 of any new residential or mailing address or telephone number
14 of the non-custodial parent. In any subsequent action to
15 enforce a support order, upon a sufficient showing that a
16 diligent effort has been made to ascertain the location of
17 the non-custodial parent, service of process or provision of
18 notice necessary in the case may be made at the last known
19 address of the non-custodial parent in any manner expressly
20 provided by the Code of Civil Procedure or this Act, which
21 service shall be sufficient for purposes of due process.
22 (g) An order for support shall include a date on which
23 the current support obligation terminates. The termination
24 date shall be no earlier than the date on which the child
25 covered by the order will attain the age of majority or is
26 otherwise emancipated. The order for support shall state that
27 the termination date does not apply to any arrearage that may
28 remain unpaid on that date. Nothing in this subsection shall
29 be construed to prevent the court from modifying the order.
30 (Source: P.A. 88-307; 88-687, eff. 1-24-95; 89-88, eff.
31 6-30-95; 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.)
32 (750 ILCS 5/505.1) (from Ch. 40, par. 505.1)
33 Sec. 505.1. (a) Whenever it is determined in a
HB1707 Enrolled -159- LRB9902989SMpk
1 proceeding to establish or enforce a child support or
2 maintenance obligation that the person owing a duty of
3 support is unemployed, the court may order the person to seek
4 employment and report periodically to the court with a diary,
5 listing or other memorandum of his or her efforts in
6 accordance with such order. Additionally, the court may order
7 the unemployed person to report to the Department of
8 Employment Security for job search services or to make
9 application with the local Jobs Training Partnership Act
10 provider for participation in job search, training or work
11 programs and where the duty of support is owed to a child
12 receiving support services under Article X of The Illinois
13 Public Aid Code, as amended, the court may order the
14 unemployed person to report to the Illinois Department of
15 Public Aid for participation in job search, training or work
16 programs established under Section 9-6 and Article IXA of
17 that Code.
18 (b) Whenever it is determined that a person owes
19 past-due support for a child or for a child and the parent
20 with whom the child is living, and the child is receiving
21 assistance under the Illinois Public Aid Code, the court
22 shall order at the request of the Illinois Department of
23 Public Aid:
24 (1) that the person pay the past-due support in
25 accordance with a plan approved by the court; or
26 (2) if the person owing past-due support is
27 unemployed, is subject to such a plan, and is not
28 incapacitated, that the person participate in such job
29 search, training, or work programs established under
30 Section 9-6 and Article IXA of the Illinois Public Aid
31 Code as the court deems appropriate.
32 (Source: P.A. 85-1155.)
33 (750 ILCS 5/505.2) (from Ch. 40, par. 505.2)
HB1707 Enrolled -160- LRB9902989SMpk
1 (Text of Section before amendment by P.A. 89-507)
2 Sec. 505.2. Health insurance.
3 (a) Definitions. As used in this Section:
4 (1) "Obligee" means the individual to whom the duty
5 of support is owed or the individual's legal
6 representative.
7 (2) "Obligor" means the individual who owes a duty
8 of support pursuant to an order for support.
9 (3) "Public office" means any elected official or
10 any State or local agency which is or may become
11 responsible by law for enforcement of, or which is or may
12 become authorized to enforce, an order for support,
13 including, but not limited to: the Attorney General, the
14 Illinois Department of Public Aid, the Illinois
15 Department of Mental Health and Developmental
16 Disabilities, the Illinois Department of Children and
17 Family Services, and the various State's Attorneys,
18 Clerks of the Circuit Court and supervisors of general
19 assistance.
20 (b) Order.
21 (1) Whenever the court establishes, modifies or
22 enforces an order for child support or for child support
23 and maintenance the court shall, upon request of the
24 obligee or Public Office, order that any child covered by
25 the order be named as a beneficiary of any health
26 insurance plan that is available to the obligor through
27 an employer or labor union or trade union. If the court
28 finds that such a plan is not available to the obligor,
29 or that the plan is not accessible to the obligee, the
30 court may, upon request of the obligee or Public Office,
31 order the obligor to name the child covered by the order
32 as a beneficiary of any health insurance plan that is
33 available to the obligor on a group basis, or as a
34 beneficiary of an independent health insurance plan to be
HB1707 Enrolled -161- LRB9902989SMpk
1 obtained by the obligor, after considering the following
2 factors:
3 (A) the medical needs of the child;
4 (B) the availability of a plan to meet those
5 needs; and
6 (C) the cost of such a plan to the obligor.
7 (2) If the employer or labor union or trade union
8 offers more than one plan, the order shall require the
9 obligor to name the child as a beneficiary of the plan in
10 which the obligor is enrolled.
11 (3) Nothing in this Section shall be construed to
12 limit the authority of the court to establish or modify a
13 support order to provide for payment of expenses,
14 including deductibles, copayments and any other health
15 expenses, which are in addition to expenses covered by an
16 insurance plan of which a child is ordered to be named a
17 beneficiary pursuant to this Section.
18 (c) Implementation and enforcement.
19 (1) When the court order requires that a minor
20 child be named as a beneficiary of a health insurance
21 plan, other than a health insurance plan available
22 through an employer or labor union or trade union, the
23 obligor shall provide written proof to the obligee or
24 Public Office that the required insurance has been
25 obtained, or that application for insurability has been
26 made, within 30 days of receiving notice of the court
27 order. Unless the obligor was present in court when the
28 order was issued, notice of the order shall be given
29 pursuant to Illinois Supreme Court Rules. If an obligor
30 fails to provide the required proof, he may be held in
31 contempt of court.
32 (2) When the court requires that a minor child be
33 named as a beneficiary of a health insurance plan
34 available through an employer or labor union or trade
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1 union, the court's order shall be implemented in
2 accordance with Section 706.1, as now or hereafter
3 amended.
4 (d) Failure to maintain insurance. The dollar amount of
5 the premiums for court-ordered health insurance, or that
6 portion of the premiums for which the obligor is responsible
7 in the case of insurance provided under a group health
8 insurance plan through an employer or labor union or trade
9 union where the employer or labor union or trade union pays a
10 portion of the premiums, shall be considered an additional
11 child support obligation owed by the obligor. Whenever the
12 obligor fails to provide or maintain health insurance
13 pursuant to an order for support, the obligor shall be liable
14 to the obligee for the dollar amount of the premiums which
15 were not paid, and shall also be liable for all medical
16 expenses incurred by the minor child which would have been
17 paid or reimbursed by the health insurance which the obligor
18 was ordered to provide or maintain. In addition, the obligee
19 may petition the court to modify the order based solely on
20 the obligor's failure to pay the premiums for court-ordered
21 health insurance.
22 (e) Authorization for payment. The signature of the
23 obligee is a valid authorization to the insurer to process a
24 claim for payment under the insurance plan to the provider of
25 the health care services or to the obligee.
26 (f) Disclosure of information. The obligor's employer
27 or labor union or trade union shall disclose to the obligee
28 or Public Office, upon request, information concerning any
29 dependent coverage plans which would be made available to a
30 new employee or labor union member or trade union member.
31 The employer or labor union or trade union shall disclose
32 such information whether or not a court order for medical
33 support has been entered.
34 (g) Employer obligations. If a parent is required by an
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1 order for support to provide coverage for a child's health
2 care expenses and if that coverage is available to the parent
3 through an employer who does business in this State, the
4 employer must do all of the following upon receipt of a copy
5 of the order of support or order for withholding:
6 (1) The employer shall, upon the parent's request,
7 permit the parent to include in that coverage a child who
8 is otherwise eligible for that coverage, without regard
9 to any enrollment season restrictions that might
10 otherwise be applicable as to the time period within
11 which the child may be added to that coverage.
12 (2) If the parent has health care coverage through
13 the employer but fails to apply for coverage of the
14 child, the employer shall include the child in the
15 parent's coverage upon application by the child's other
16 parent or the Illinois Department of Public Aid.
17 (3) The employer may not eliminate any child from
18 the parent's health care coverage unless the employee is
19 no longer employed by the employer and no longer covered
20 under the employer's group health plan or unless the
21 employer is provided with satisfactory written evidence
22 of either of the following:
23 (A) The order for support is no longer in
24 effect.
25 (B) The child is or will be included in a
26 comparable health care plan obtained by the parent
27 under such order that is currently in effect or will
28 take effect no later than the date the prior
29 coverage is terminated.
30 The employer may eliminate a child from a parent's
31 health care plan obtained by the parent under such order
32 if the employer has eliminated dependent health care
33 coverage for all of its employees.
34 (Source: P.A. 89-183, eff. 1-1-96; 89-626, eff. 8-9-96.)
HB1707 Enrolled -164- LRB9902989SMpk
1 (Text of Section after amendment by P.A. 89-507)
2 Sec. 505.2. Health insurance.
3 (a) Definitions. As used in this Section:
4 (1) "Obligee" means the individual to whom the duty
5 of support is owed or the individual's legal
6 representative.
7 (2) "Obligor" means the individual who owes a duty
8 of support pursuant to an order for support.
9 (3) "Public office" means any elected official or
10 any State or local agency which is or may become
11 responsible by law for enforcement of, or which is or may
12 become authorized to enforce, an order for support,
13 including, but not limited to: the Attorney General, the
14 Illinois Department of Public Aid, the Illinois
15 Department of Human Services, the Illinois Department of
16 Children and Family Services, and the various State's
17 Attorneys, Clerks of the Circuit Court and supervisors of
18 general assistance.
19 (b) Order.
20 (1) Whenever the court establishes, modifies or
21 enforces an order for child support or for child support
22 and maintenance the court shall include in the order a
23 provision for the health care coverage of the child which
24 shall, upon request of the obligee or Public Office,
25 require order that any child covered by the order be
26 named as a beneficiary of any health insurance plan that
27 is available to the obligor through an employer or labor
28 union or trade union. If the court finds that such a
29 plan is not available to the obligor, or that the plan is
30 not accessible to the obligee, the court may, upon
31 request of the obligee or Public Office, order the
32 obligor to name the child covered by the order as a
33 beneficiary of any health insurance plan that is
34 available to the obligor on a group basis, or as a
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1 beneficiary of an independent health insurance plan to be
2 obtained by the obligor, after considering the following
3 factors:
4 (A) the medical needs of the child;
5 (B) the availability of a plan to meet those
6 needs; and
7 (C) the cost of such a plan to the obligor.
8 (2) If the employer or labor union or trade union
9 offers more than one plan, the order shall require the
10 obligor to name the child as a beneficiary of the plan in
11 which the obligor is enrolled.
12 (3) Nothing in this Section shall be construed to
13 limit the authority of the court to establish or modify a
14 support order to provide for payment of expenses,
15 including deductibles, copayments and any other health
16 expenses, which are in addition to expenses covered by an
17 insurance plan of which a child is ordered to be named a
18 beneficiary pursuant to this Section.
19 (c) Implementation and enforcement.
20 (1) When the court order requires that a minor
21 child be named as a beneficiary of a health insurance
22 plan, other than a health insurance plan available
23 through an employer or labor union or trade union, the
24 obligor shall provide written proof to the obligee or
25 Public Office that the required insurance has been
26 obtained, or that application for insurability has been
27 made, within 30 days of receiving notice of the court
28 order. Unless the obligor was present in court when the
29 order was issued, notice of the order shall be given
30 pursuant to Illinois Supreme Court Rules. If an obligor
31 fails to provide the required proof, he may be held in
32 contempt of court.
33 (2) When the court requires that a minor child be
34 named as a beneficiary of a health insurance plan
HB1707 Enrolled -166- LRB9902989SMpk
1 available through an employer or labor union or trade
2 union, the court's order shall be implemented in
3 accordance with Section 706.1, as now or hereafter
4 amended.
5 (d) Failure to maintain insurance. The dollar amount of
6 the premiums for court-ordered health insurance, or that
7 portion of the premiums for which the obligor is responsible
8 in the case of insurance provided under a group health
9 insurance plan through an employer or labor union or trade
10 union where the employer or labor union or trade union pays a
11 portion of the premiums, shall be considered an additional
12 child support obligation owed by the obligor. Whenever the
13 obligor fails to provide or maintain health insurance
14 pursuant to an order for support, the obligor shall be liable
15 to the obligee for the dollar amount of the premiums which
16 were not paid, and shall also be liable for all medical
17 expenses incurred by the minor child which would have been
18 paid or reimbursed by the health insurance which the obligor
19 was ordered to provide or maintain. In addition, the obligee
20 may petition the court to modify the order based solely on
21 the obligor's failure to pay the premiums for court-ordered
22 health insurance.
23 (e) Authorization for payment. The signature of the
24 obligee is a valid authorization to the insurer to process a
25 claim for payment under the insurance plan to the provider of
26 the health care services or to the obligee.
27 (f) Disclosure of information. The obligor's employer
28 or labor union or trade union shall disclose to the obligee
29 or Public Office, upon request, information concerning any
30 dependent coverage plans which would be made available to a
31 new employee or labor union member or trade union member.
32 The employer or labor union or trade union shall disclose
33 such information whether or not a court order for medical
34 support has been entered.
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1 (g) Employer obligations. If a parent is required by an
2 order for support to provide coverage for a child's health
3 care expenses and if that coverage is available to the parent
4 through an employer who does business in this State, the
5 employer must do all of the following upon receipt of a copy
6 of the order of support or order for withholding:
7 (1) The employer shall, upon the parent's request,
8 permit the parent to include in that coverage a child who
9 is otherwise eligible for that coverage, without regard
10 to any enrollment season restrictions that might
11 otherwise be applicable as to the time period within
12 which the child may be added to that coverage.
13 (2) If the parent has health care coverage through
14 the employer but fails to apply for coverage of the
15 child, the employer shall include the child in the
16 parent's coverage upon application by the child's other
17 parent or the Illinois Department of Public Aid.
18 (3) The employer may not eliminate any child from
19 the parent's health care coverage unless the employee is
20 no longer employed by the employer and no longer covered
21 under the employer's group health plan or unless the
22 employer is provided with satisfactory written evidence
23 of either of the following:
24 (A) The order for support is no longer in
25 effect.
26 (B) The child is or will be included in a
27 comparable health care plan obtained by the parent
28 under such order that is currently in effect or will
29 take effect no later than the date the prior
30 coverage is terminated.
31 The employer may eliminate a child from a parent's
32 health care plan obtained by the parent under such order
33 if the employer has eliminated dependent health care
34 coverage for all of its employees.
HB1707 Enrolled -168- LRB9902989SMpk
1 (Source: P.A. 89-183, eff. 1-1-96; 89-507, eff. 7-1-97;
2 89-626, eff. 8-9-96.)
3 (750 ILCS 5/507) (from Ch. 40, par. 507)
4 Sec. 507. Payment of maintenance or support to court.
5 (a) In actions instituted under this Act, the court
6 shall order that maintenance and support payments be made to
7 the clerk of court as trustee for remittance to the person
8 entitled to receive the payments. However, the court in its
9 discretion may direct otherwise where circumstances so
10 warrant.
11 In cases in which a party is receiving child and spouse
12 support services under Article X of the Illinois Public Aid
13 Code and the order for support provides that child support
14 payments be made to the obligee, the Illinois Department of
15 Public Aid may provide notice to the obligor and the
16 obligor's payor, when income withholding is in effect under
17 Section 706.1 of this Act, to make all payments after receipt
18 of the Department's notice to the clerk of the court until
19 further notice by the Department or order of the court.
20 Copies of the notice shall be provided to the obligee and the
21 clerk. The clerk's copy shall contain a proof of service on
22 the obligor and the obligor's payor, where applicable. The
23 clerk shall file the clerk's copy of the notice in the court
24 file. The notice to the obligor and the payor, if applicable,
25 may be sent by ordinary mail, certified mail, return receipt
26 requested, facsimile transmission, or other electronic
27 process, or may be served upon the obligor or payor using any
28 method provided by law for service of a summons. An obligor
29 who fails to comply with a notice provided under this
30 paragraph is guilty of a Class B misdemeanor. A payor who
31 fails to comply with a notice provided under this paragraph
32 is guilty of a business offense and subject to a fine of up
33 to $1,000.
HB1707 Enrolled -169- LRB9902989SMpk
1 Upon notification in writing or by electronic
2 transmission from the Illinois Department of Public Aid to
3 the clerk of the court that a person who is receiving support
4 payments under this Section is receiving services under the
5 Child Support Enforcement Program established by Title IV-D
6 of the Social Security Act, any support payments subsequently
7 received by the clerk of the court shall be transmitted in
8 accordance with the instructions of the Illinois Department
9 of Public Aid until the Department gives notice to the clerk
10 of the court to cease the transmittal. After providing the
11 notification authorized under this paragraph, the Illinois
12 Department of Public Aid shall be entitled as a party to
13 notice of any further proceedings in the case. The clerk of
14 the court shall file a copy of the Illinois Department of
15 Public Aid's notification in the court file. The failure of
16 the clerk to file a copy of the notification in the court
17 file shall not, however, affect the Illinois Department of
18 Public Aid's right to receive notice of further proceedings.
19 (b) The clerk of court shall maintain records listing
20 the amount of payments, the date payments are required to be
21 made and the names and addresses of the parties affected by
22 the order. For those cases in which support is payable to the
23 clerk of the circuit court for transmittal to the Illinois
24 Department of Public Aid by order of the court or upon
25 notification of the Illinois Department of Public Aid, and
26 the Illinois Department of Public Aid collects support by
27 assignment, offset, withholding, deduction or other process
28 permitted by law, the Illinois Department shall notify the
29 clerk of the date and amount of such collection. Upon
30 notification, the clerk shall record the collection on the
31 payment record for the case.
32 (c) The parties affected by the order shall inform the
33 clerk of court of any change of address or of other condition
34 that may affect the administration of the order.
HB1707 Enrolled -170- LRB9902989SMpk
1 (d) The provisions of this Section shall not apply to
2 cases that come under the provisions of Sections 709 through
3 712.
4 (Source: P.A. 88-307; 88-687, eff. 1-24-95.)
5 (750 ILCS 5/705) (from Ch. 40, par. 705)
6 Sec. 705. Support payments; receiving and disbursing
7 agents.
8 (1) The provisions of this Section shall apply, except
9 as provided in Sections 709 through 712.
10 (2) In a dissolution of marriage action filed in a
11 county of less than 3 million population in which an order or
12 judgment for child support is entered, and in supplementary
13 proceedings in any such county to enforce or vary the terms
14 of such order or judgment arising out of an action for
15 dissolution of marriage filed in such county, the court,
16 except as it otherwise orders, under subsection (4) of this
17 Section, may direct that child support payments be made to
18 the clerk of the court.
19 (3) In a dissolution of marriage action filed in any
20 county of 3 million or more population in which an order or
21 judgment for child support is entered, and in supplementary
22 proceedings in any such county to enforce or vary the terms
23 of such order or judgment arising out of an action for
24 dissolution of marriage filed in such county, the court,
25 except as it otherwise orders under subsection (4) of this
26 Section, may direct that child support payments be made
27 either to the clerk of the court or to the Court Service
28 Division of the County Department of Public Aid. After the
29 effective date of this Act, the court, except as it otherwise
30 orders under subsection (4) of this Section, may direct that
31 child support payments be made either to the clerk of the
32 court or to the Illinois Department of Public Aid.
33 (4) In a dissolution of marriage action or supplementary
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1 proceedings involving maintenance or child support payments,
2 or both, to persons who are recipients of aid under the
3 Illinois Public Aid Code, the court shall direct that such
4 payments be made to (a) the Illinois Department of Public Aid
5 if the persons are recipients under Articles III, IV, or V of
6 the Code, or (b) the local governmental unit responsible for
7 their support if they are recipients under Articles VI or VII
8 of the Code. In accordance with federal law and regulations,
9 the Illinois Department of Public Aid may continue to collect
10 current maintenance payments or child support payments, or
11 both, after those persons cease to receive public assistance
12 and until termination of services under Article X of the
13 Illinois Public Aid Code. The Illinois Department of Public
14 Aid shall pay the net amount collected to those persons after
15 deducting any costs incurred in making the collection or any
16 collection fee from the amount of any recovery made. The
17 order shall permit the Illinois Department of Public Aid or
18 the local governmental unit, as the case may be, to direct
19 that payments be made directly to the former spouse, the
20 children, or both, or to some person or agency in their
21 behalf, upon removal of the former spouse or children from
22 the public aid rolls or upon termination of services under
23 Article X of the Illinois Public Aid Code; and upon such
24 direction, the Illinois Department or local governmental
25 unit, as the case requires, shall give notice of such action
26 to the court in writing or by electronic transmission.
27 (5) All clerks of the court and the Court Service
28 Division of a County Department of Public Aid and, after the
29 effective date of this Act, all clerks of the court and the
30 Illinois Department of Public Aid, receiving child support
31 payments under subsections (2) and (3) of this Section shall
32 disburse the payments to the person or persons entitled
33 thereto under the terms of the order or judgment. They shall
34 establish and maintain current records of all moneys received
HB1707 Enrolled -172- LRB9902989SMpk
1 and disbursed and of defaults and delinquencies in required
2 payments. The court, by order or rule, shall make provision
3 for the carrying out of these duties.
4 In cases in which a party is receiving child and spouse
5 support services under Article X of the Illinois Public Aid
6 Code and the order for support provides that child support
7 payments be made to the obligee, the Illinois Department of
8 Public Aid may provide notice to the obligor and the
9 obligor's payor, when income withholding is in effect under
10 Section 706.1 of this Act, to make all payments after receipt
11 of the Department's notice to the clerk of the court until
12 further notice by the Department or order of the court.
13 Copies of the notice shall be provided to the obligee and the
14 clerk. The clerk's copy shall contain a proof of service on
15 the obligor and the obligor's payor, where applicable. The
16 clerk shall file the clerk's copy of the notice in the court
17 file. The notice to the obligor and the payor, if applicable,
18 may be sent by ordinary mail, certified mail, return receipt
19 requested, facsimile transmission, or other electronic
20 process, or may be served upon the obligor or payor using any
21 method provided by law for service of a summons. An obligor
22 who fails to comply with a notice provided under this
23 paragraph is guilty of a Class B misdemeanor. A payor who
24 fails to comply with a notice provided under this paragraph
25 is guilty of a business offense and subject to a fine of up
26 to $1,000.
27 Upon notification in writing or by electronic
28 transmission from the Illinois Department of Public Aid to
29 the clerk of the court that a person who is receiving support
30 payments under this Section is receiving services under the
31 Child Support Enforcement Program established by Title IV-D
32 of the Social Security Act, any support payments subsequently
33 received by the clerk of the court shall be transmitted in
34 accordance with the instructions of the Illinois Department
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1 of Public Aid until the Department gives notice to the clerk
2 of the court to cease the transmittal. After providing the
3 notification authorized under this paragraph, the Illinois
4 Department of Public Aid shall be entitled as a party to
5 notice of any further proceedings in the case. The clerk of
6 the court shall file a copy of the Illinois Department of
7 Public Aid's notification in the court file. The failure of
8 the clerk to file a copy of the notification in the court
9 file shall not, however, affect the Illinois Department of
10 Public Aid's right to receive notice of further proceedings.
11 Payments under this Section to the Illinois Department of
12 Public Aid pursuant to the Child Support Enforcement Program
13 established by Title IV-D of the Social Security Act shall be
14 paid into the Child Support Enforcement Trust Fund. All other
15 payments under this Section to the Illinois Department of
16 Public Aid shall be deposited in the Public Assistance
17 Recoveries Trust Fund. Disbursements from these funds shall
18 be as provided in the Illinois Public Aid Code. Payments
19 received by a local governmental unit shall be deposited in
20 that unit's General Assistance Fund. Any order of court
21 directing payment of child support to a clerk of court or the
22 Court Service Division of a County Department of Public Aid,
23 which order has been entered on or after August 14, 1961, and
24 prior to the effective date of this Act, may be amended by
25 the court in line with this Act; and orders involving
26 payments of maintenance or child support to recipients of
27 public aid may in like manner be amended to conform to this
28 Act.
29 (6) No filing fee or costs will be required in any
30 action brought at the request of the Illinois Department of
31 Public Aid in any proceeding under this Act. However, any
32 such fees or costs may be assessed by the court against the
33 respondent in the court's order of support or any
34 modification thereof in a proceeding under this Act.
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1 (7) For those cases in which child support is payable to
2 the clerk of the circuit court for transmittal to the
3 Illinois Department of Public Aid by order of court or upon
4 notification by the Illinois Department of Public Aid, the
5 clerk shall transmit all such payments, within 4 working days
6 of receipt, to insure that funds are available for immediate
7 distribution by the Department to the person or entity
8 entitled thereto in accordance with standards of the Child
9 Support Enforcement Program established under Title IV-D of
10 the Social Security Act. The clerk shall notify the
11 Department of the date of receipt and amount thereof at the
12 time of transmittal. Where the clerk has entered into an
13 agreement of cooperation with the Department to record the
14 terms of child support orders and payments made thereunder
15 directly into the Department's automated data processing
16 system, the clerk shall account for, transmit and otherwise
17 distribute child support payments in accordance with such
18 agreement in lieu of the requirements contained herein.
19 In any action filed in a county with a population of
20 1,000,000 or less, the court shall assess against the
21 respondent in any order of maintenance or child support any
22 sum up to $36 annually authorized by ordinance of the county
23 board to be collected by the clerk of the court as costs for
24 administering the collection and disbursement of maintenance
25 and child support payments. Such sum shall be in addition to
26 and separate from amounts ordered to be paid as maintenance
27 or child support.
28 (Source: P.A. 88-687, eff. 1-24-95.)
29 (750 ILCS 5/706.1) (from Ch. 40, par. 706.1)
30 (Text of Section before amendment by P.A. 89-507)
31 Sec. 706.1. Withholding of Income to Secure Payment of
32 Support.
33 (A) Definitions.
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1 (1) "Order for support" means any order of the court
2 which provides for periodic payment of funds for the support
3 of a child or maintenance of a spouse, whether temporary or
4 final, and includes any such order which provides for:
5 (a) Modification or resumption of, or payment of
6 arrearage accrued under, a previously existing order;
7 (b) Reimbursement of support; or
8 (c) Enrollment in a health insurance plan that is
9 available to the obligor through an employer or labor
10 union or trade union.
11 (2) "Arrearage" means the total amount of unpaid support
12 obligations.
13 (3) "Delinquency" means any payment under an order for
14 support which becomes due and remains unpaid after an order
15 for withholding has been entered under subsection (B) or, for
16 purposes of subsection (K), after the last order for support
17 was entered for which no order for withholding was entered.
18 (4) "Income" means any form of periodic payment to an
19 individual, regardless of source, including, but not limited
20 to: wages, salary, commission, compensation as an independent
21 contractor, workers' compensation, disability, annuity and
22 retirement benefits, lottery prize awards, insurance
23 proceeds, vacation pay, bonuses, profit-sharing payments and
24 any other payments, made by any person, private entity,
25 federal or state government, any unit of local government,
26 school district or any entity created by Public Act; however,
27 "income" excludes:
28 (a) Any amounts required by law to be withheld,
29 other than creditor claims, including, but not limited
30 to, federal, State and local taxes, Social Security and
31 other retirement and disability contributions;
32 (b) Union dues;
33 (c) Any amounts exempted by the federal Consumer
34 Credit Protection Act;
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1 (d) Public assistance payments; and
2 (e) Unemployment insurance benefits except as
3 provided by law.
4 Any other State or local laws which limit or exempt
5 income or the amount or percentage of income that can be
6 withheld shall not apply.
7 (5) "Obligor" means the individual who owes a duty to
8 make payments under an order for support.
9 (6) "Obligee" means the individual to whom a duty of
10 support is owed or the individual's legal representative.
11 (7) "Payor" means any payor of income to an obligor.
12 (8) "Public office" means any elected official or any
13 State or local agency which is or may become responsible by
14 law for enforcement of, or which is or may become authorized
15 to enforce, an order for support, including, but not limited
16 to: the Attorney General, the Illinois Department of Public
17 Aid, the Illinois Department of Mental Health and
18 Developmental Disabilities, the Illinois Department of
19 Children and Family Services, and the various State's
20 Attorneys, Clerks of the Circuit Court and supervisors of
21 general assistance.
22 (9) "Premium" means the dollar amount for which the
23 obligor is liable to his employer or labor union or trade
24 union and which must be paid to enroll or maintain a child in
25 a health insurance plan that is available to the obligor
26 through an employer or labor union or trade union.
27 (B) Entry of an Order for Withholding.
28 (1) Upon entry of any order for support on or after
29 January 1, 1984, the court shall enter a separate order for
30 withholding which shall not take effect unless the obligor
31 becomes delinquent in paying the order for support or the
32 obligor requests an earlier effective date; except that the
33 court may require the order for withholding to take effect
34 immediately.
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1 On or after January 1, 1989, the court shall require the
2 order for withholding to take effect immediately, unless a
3 written agreement is reached between and signed by both
4 parties providing for an alternative arrangement, approved
5 and entered into the record by the court, which insures
6 payment of support. In that case, the court shall enter the
7 order for withholding which will not take effect unless the
8 obligor becomes delinquent in paying the order for support.
9 Upon entry of any order of support on or after September
10 11, 1989, if the obligor is not a United States citizen, the
11 obligor shall provide to the court the obligor's alien
12 registration number, passport number, and home country's
13 social security or national health number, if applicable; the
14 court shall make the information part of the record in the
15 case.
16 (2) An order for withholding shall be entered upon
17 petition by the obligee or public office where an order for
18 withholding has not been previously entered.
19 (3) The order for withholding shall:
20 (a) Direct any payor to withhold a dollar amount
21 equal to the order for support; and
22 (b) Direct any payor to withhold an additional
23 dollar amount, not less than 20% of the order for
24 support, until payment in full of any delinquency stated
25 in the notice of delinquency provided for in subsection
26 (C) or (F) of this Section; and
27 (c) Direct any payor or labor union or trade union
28 to enroll a child as a beneficiary of a health insurance
29 plan and withhold or cause to be withheld, if
30 applicable, any required premiums; and
31 (d) State the rights, remedies and duties of the
32 obligor under this Section; and
33 (e) Include the obligor's Social Security Number,
34 which the obligor shall disclose to the court; and
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1 (f) Include the date that withholding for current
2 support terminates, which shall be the date of
3 termination of the current support obligation set forth
4 in the order for support.
5 (4) At the time the order for withholding is entered,
6 the Clerk of the Circuit Court shall provide a copy of the
7 order for withholding and the order for support to the
8 obligor and shall make copies available to the obligee and
9 public office. Any copy of the order for withholding
10 furnished to the parties under this subsection shall be
11 stamped "Not Valid".
12 (5) The order for withholding shall remain in effect for
13 as long as the order for support upon which it is based.
14 (6) The failure of an order for withholding to state an
15 arrearage is not conclusive of the issue of whether an
16 arrearage is owing.
17 (7) Notwithstanding the provisions of this subsection,
18 if the court finds at the time of any hearing that an
19 arrearage has accrued in an amount equal to at least one
20 month's support obligation or that the obligor is 30 days
21 late in paying all or part of the order for support, the
22 court shall order immediate service of the order for
23 withholding upon the payor.
24 (8) Where the court has not required that the order for
25 withholding take effect immediately, the obligee or public
26 office may prepare and serve a notice for immediate
27 withholding upon the obligor by ordinary mail addressed to
28 the obligor at his or her last known address. The notice
29 shall state that the following circumstances have occurred:
30 (a) The parties' written agreement providing an
31 alternative arrangement to immediate withholding under
32 paragraph (1) of this subsection no longer provides for
33 timely payment of all support due; or
34 (b) The obligor has not made timely payments in
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1 that the obligor has been at least 7 days late in paying
2 all or part of the order for support any of the last 6
3 consecutive dates payments were due prior to the date of
4 the notice for immediate withholding.
5 The notice for immediate withholding shall clearly state
6 that a specially certified copy of the order for withholding
7 will be sent to the payor, unless the obligor files a
8 petition contesting immediate withholding within 20 days
9 after service of the notice; however, the grounds for the
10 petition shall be limited to a dispute concerning whether the
11 circumstances stated in the notice have occurred or the
12 identity of the obligor. It shall not be grounds for the
13 petition that the obligor has made all payments due by the
14 date of the petition.
15 If the obligor files a petition contesting immediate
16 withholding within the 20-day period required under this
17 paragraph, the Clerk of the Circuit Court shall notify the
18 obligor and the obligee or public office, as appropriate, of
19 the time and place of the hearing on the petition. Upon
20 hearing the petition, the court shall enter an order granting
21 or denying relief. It shall not be grounds for granting the
22 obligor's petition that he or she has made all payments due
23 by the date of hearing. If the court denies the obligor's
24 petition, it shall order immediate service of the order for
25 withholding and direct the clerk to provide a specially
26 certified copy of the order for withholding to the obligee or
27 public office indicating that the requirements for immediate
28 withholding under this paragraph have been met.
29 If the obligor does not file a petition contesting
30 immediate withholding within the 20-day period, the obligee
31 or public office shall file with the Clerk of the Circuit
32 Court an affidavit, with a copy of the notice for immediate
33 withholding attached thereto, stating that the notice was
34 duly served and the date on which service was effected, and
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1 that the obligor has not filed a petition contesting
2 immediate withholding. The clerk shall then provide to the
3 obligee or public office a specially certified copy of the
4 order for withholding indicating that the requirements for
5 immediate withholding under this paragraph have been met.
6 Upon receipt of a specially certified copy of the order
7 for withholding, the obligee or public office may serve the
8 order on the payor, its superintendent, manager or other
9 agent, by certified mail or personal delivery. A proof of
10 service shall be filed with the Clerk of the Circuit Court.
11 (C) Notice of Delinquency.
12 (1) Whenever an obligor becomes delinquent in payment of
13 an amount equal to at least one month's support obligation
14 pursuant to the order for support or is at least 30 days late
15 in complying with all or part of the order for support,
16 whichever occurs first, the obligee or public office may
17 prepare and serve a verified notice of delinquency, together
18 with a form petition to stay service, pursuant to paragraph
19 (3) of this subsection.
20 (2) The notice of delinquency shall recite the terms of
21 the order for support and contain a computation of the period
22 and total amount of the delinquency, as of the date of the
23 notice. The notice shall clearly state that it will be sent
24 to the payor, together with a specially certified copy of the
25 order for withholding, except as provided in subsection (F),
26 unless the obligor files a petition to stay service in
27 accordance with paragraph (1) of subsection (D).
28 (3) The notice of delinquency shall be served by
29 ordinary mail addressed to the obligor at his or her last
30 known address.
31 (4) The obligor may execute a written waiver of the
32 provisions of paragraphs (1) through (3) of this subsection
33 and request immediate service upon the payor.
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1 (D) Procedures to Avoid Income Withholding.
2 (1) Except as provided in subsection (F), the obligor
3 may prevent an order for withholding from being served by
4 filing a petition to stay service with the Clerk of the
5 Circuit Court, within 20 days after service of the notice of
6 delinquency; however, the grounds for the petition to stay
7 service shall be limited to:
8 (a) A dispute concerning the amount of current
9 support or the existence or amount of the delinquency;
10 (b) The identity of the obligor.
11 The Clerk of the Circuit Court shall notify the obligor
12 and the obligee or public office, as appropriate, of the time
13 and place of the hearing on the petition to stay service. The
14 court shall hold such hearing pursuant to the provisions of
15 subsection (H).
16 (2) Except as provided in subsection (F), filing of a
17 petition to stay service, within the 20-day period required
18 under this subsection, shall prohibit the obligee or public
19 office from serving the order for withholding on any payor of
20 the obligor.
21 (E) Initial Service of Order for Withholding.
22 (1) Except as provided in subsection (F), in order to
23 serve an order for withholding upon a payor, an obligee or
24 public office shall follow the procedures set forth in this
25 subsection. After 20 days following service of the notice of
26 delinquency, the obligee or public office shall file with the
27 Clerk of the Circuit Court an affidavit, with the copy of the
28 notice of delinquency attached thereto, stating:
29 (a) that the notice of delinquency has been duly
30 served and the date on which service was effected; and
31 (b) that the obligor has not filed a petition to
32 stay service, or in the alternative
33 (c) that the obligor has waived the provisions of
34 subparagraphs (a) and (b) of this paragraph (1) in
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1 accordance with subsection (C)(4).
2 (2) Upon request of the obligee or public office, the
3 Clerk of the Circuit Court shall: (a) make available any
4 record of payment; and (b) determine that the file contains a
5 copy of the affidavit described in paragraph (1). The Clerk
6 shall then provide to the obligee or public office a
7 specially certified copy of the order for withholding and the
8 notice of delinquency indicating that the preconditions for
9 service have been met.
10 (3) The obligee or public office may then serve the
11 notice of delinquency and order for withholding on the payor,
12 its superintendent, manager or other agent, by certified mail
13 or personal delivery. A proof of service shall be filed with
14 the Clerk of the Circuit Court.
15 (F) Subsequent Service of Order for Withholding.
16 (1) Notwithstanding the provisions of this Section, at
17 any time after the court has ordered immediate service of an
18 order for withholding or after initial service of an order
19 for withholding pursuant to subsection (E), the obligee or
20 public office may serve the order for withholding upon any
21 payor of the obligor without further notice to the obligor.
22 The obligee or public office shall provide notice to the
23 payor, pursuant to paragraph (6) of subsection (I), of any
24 payments that have been made through previous withholding or
25 any other method.
26 (2) The Clerk of the Circuit Court shall, upon request,
27 provide the obligee or public office with specially certified
28 copies of the order for withholding or the notice of
29 delinquency or both whenever the Court has ordered immediate
30 service of an order for withholding or an affidavit has been
31 placed in the court file indicating that the preconditions
32 for service have been previously met. The obligee or public
33 office may then serve the order for withholding on the payor,
34 its superintendent, manager or other agent by certified mail
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1 or personal delivery. A proof of service shall be filed with
2 the Clerk of the Circuit Court.
3 (3) If a delinquency has accrued for any reason, the
4 obligee or public office may serve a notice of delinquency
5 upon the obligor pursuant to subsection (C). The obligor may
6 prevent the notice of delinquency from being served upon the
7 payor by utilizing the procedures set forth in subsection
8 (D). If no petition to stay service has been filed within the
9 required 20 day time period, the obligee or public office may
10 serve the notice of delinquency on the payor by utilizing the
11 procedures for service set forth in subsection (E).
12 (G) Duties of Payor.
13 (1) It shall be the duty of any payor who has been
14 served with a copy of the specially certified order for
15 withholding and any notice of delinquency to deduct and pay
16 over income as provided in this subsection. The payor shall
17 deduct the amount designated in the order for withholding, as
18 supplemented by the notice of delinquency and any notice
19 provided pursuant to paragraph (6) of subsection (I),
20 beginning no later than the next payment of income which is
21 payable to the obligor that occurs 14 days following the date
22 the order and any notice were mailed by certified mail or
23 placed for personal delivery. The payor may combine all
24 amounts withheld for the benefit of an obligee or public
25 office into a single payment and transmit the payment with a
26 listing of obligors from whom withholding has been effected.
27 The payor shall pay the amount withheld to the obligee or
28 public office within 10 calendar days of the date income is
29 paid to the obligor in accordance with the order for
30 withholding and any subsequent notification received from the
31 public office redirecting payments. If the payor knowingly
32 fails to pay any amount withheld to the obligee or public
33 office within 10 calendar days of the date income is paid to
34 the obligor, the payor shall pay a penalty of $100 for each
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1 day that the withheld amount is not paid to the obligee or
2 public office after the period of 10 calendar days has
3 expired. The failure of a payor, on more than one occasion,
4 to pay amounts withheld to the obligee or public office
5 within 10 calendar days of the date income is not paid to the
6 obligor creates a presumption that the payor knowingly failed
7 to pay the amounts. This penalty may be collected in a civil
8 action which may be brought against the payor in favor of the
9 obligee. For purposes of this Section, a withheld amount
10 shall be considered paid by a payor on the date it is mailed
11 by the payor, or on the date an electronic funds transfer of
12 the amount has been initiated by the payor, or on the date
13 delivery of the amount has been initiated by the payor. For
14 each deduction, the payor shall provide the obligee or public
15 office, at the time of transmittal, with the date income was
16 paid from which support was withheld.
17 Upon receipt of an order requiring that a minor child be
18 named as a beneficiary of a health insurance plan available
19 through an employer or labor union or trade union, the
20 employer or labor union or trade union shall immediately
21 enroll the minor child as a beneficiary in the health
22 insurance plan designated by the court order. The employer
23 shall withhold any required premiums and pay over any amounts
24 so withheld and any additional amounts the employer pays to
25 the insurance carrier in a timely manner. The employer or
26 labor union or trade union shall mail to the obligee, within
27 15 days of enrollment or upon request, notice of the date of
28 coverage, information on the dependent coverage plan, and all
29 forms necessary to obtain reimbursement for covered health
30 expenses, such as would be made available to a new employee.
31 When an order for dependent coverage is in effect and the
32 insurance coverage is terminated or changed for any reason,
33 the employer or labor union or trade union shall notify the
34 obligee within 10 days of the termination or change date
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1 along with notice of conversion privileges.
2 For withholding of income, the payor shall be entitled to
3 receive a fee not to exceed $5 per month to be taken from the
4 income to be paid to the obligor.
5 (2) Whenever the obligor is no longer receiving income
6 from the payor, the payor shall return a copy of the order
7 for withholding to the obligee or public office and shall
8 provide information for the purpose of enforcing this
9 Section.
10 (3) Withholding of income under this Section shall be
11 made without regard to any prior or subsequent garnishments,
12 attachments, wage assignments, or any other claims of
13 creditors. Withholding of income under this Section shall
14 not be in excess of the maximum amounts permitted under the
15 federal Consumer Credit Protection Act. If the payor has been
16 served with more than one order for withholding pertaining to
17 the same obligor, the payor shall allocate income available
18 for withholding on a proportionate share basis, giving
19 priority to current support payments. If there is any income
20 available for withholding after withholding for all current
21 support obligations, the payor shall allocate the income to
22 past due support payments ordered in non-AFDC matters and
23 then to past due support payments ordered in AFDC matters,
24 both on a proportionate share basis. Payment as required by
25 the order for withholding shall be a complete defense by the
26 payor against any claims of the obligor or his creditors as
27 to the sum so paid.
28 (4) No payor shall discharge, discipline, refuse to hire
29 or otherwise penalize any obligor because of the duty to
30 withhold income.
31 (H) Petitions to Stay Service or to Modify, Suspend or
32 Terminate Orders for Withholding.
33 (1) When an obligor files a petition to stay service,
34 the court, after due notice to all parties, shall hear the
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1 matter as soon as practicable and shall enter an order
2 granting or denying relief, amending the notice of
3 delinquency, amending the order for withholding, where
4 applicable, or otherwise resolving the matter. If the court
5 finds that a delinquency existed when the notice of
6 delinquency was served upon the obligor, in an amount of at
7 least one month's support obligation, or that the obligor was
8 at least 30 days late in paying all or part of the order for
9 support, the court shall order immediate service of the order
10 for withholding. Where the court cannot promptly resolve any
11 dispute over the amount of the delinquency, the court may
12 order immediate service of the order for withholding as to
13 any undisputed amounts specified in an amended notice of
14 delinquency, and may continue the hearing on the disputed
15 amounts.
16 (2) At any time, an obligor, obligee, public office or
17 Clerk of the Circuit Court may petition the court to:
18 (a) Modify, suspend or terminate the order for
19 withholding because of a modification, suspension or
20 termination of the underlying order for support; or
21 (b) Modify the amount of income to be withheld to
22 reflect payment in full or in part of the delinquency or
23 arrearage by income withholding or otherwise; or
24 (c) Suspend the order for withholding because of
25 inability to deliver income withheld to the obligee due
26 to the obligee's failure to provide a mailing address or
27 other means of delivery.
28 (3) The obligor, obligee or public office shall serve on
29 the payor, by certified mail or personal delivery, a copy of
30 any order entered pursuant to this subsection that affects
31 the duties of the payor.
32 (4) At any time, a public office or Clerk of the Circuit
33 Court may serve a notice on the payor to:
34 (a) cease withholding of income for payment of
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1 current support for a child when the support obligation
2 for that child has automatically ceased under the order
3 for support through emancipation or otherwise; or
4 (b) cease withholding of income for payment of
5 delinquency or arrearage when the delinquency or
6 arrearage has been paid in full.
7 (5) The notice provided for under paragraph (4) of this
8 subsection shall be served on the payor by ordinary mail, and
9 a copy shall be provided to the obligor and the obligee. A
10 copy of the notice shall be filed with the Clerk of the
11 Circuit Court.
12 (6) The order for withholding shall continue to be
13 binding upon the payor until service of any order of the
14 court or notice entered or provided for under this
15 subsection.
16 (I) Additional Duties.
17 (1) An obligee who is receiving income withholding
18 payments under this Section shall notify the payor, if the
19 obligee receives the payments directly from the payor, or the
20 public office or the Clerk of the Circuit Court, as
21 appropriate, of any change of address within 7 days of such
22 change.
23 (2) An obligee who is a recipient of public aid shall
24 send a copy of any notice of delinquency filed pursuant to
25 subsection (C) to the Bureau of Child Support of the Illinois
26 Department of Public Aid.
27 (3) Each obligor shall notify the obligee and the Clerk
28 of the Circuit Court of any change of address within 7 days.
29 (4) An obligor whose income is being withheld or who has
30 been served with a notice of delinquency pursuant to this
31 Section shall notify the obligee and the Clerk of the Circuit
32 Court of any new payor, within 7 days.
33 (5) When the Illinois Department of Public Aid is no
34 longer authorized to receive payments for the obligee, it
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1 shall, within 7 days, notify the payor or, where appropriate,
2 the Clerk of the Circuit Court, to redirect income
3 withholding payments to the obligee.
4 (6) The obligee or public office shall provide notice to
5 the payor and Clerk of the Circuit Court of any other support
6 payment made, including but not limited to, a set-off under
7 federal and State law or partial payment of the delinquency
8 or arrearage, or both.
9 (7) Any public office and Clerk of the Circuit Court
10 which collects, disburses or receives payments pursuant to
11 orders for withholding shall maintain complete, accurate, and
12 clear records of all payments and their disbursements.
13 Certified copies of payment records maintained by a public
14 office or Clerk of the Circuit Court shall, without further
15 proof, be admitted into evidence in any legal proceedings
16 under this Section.
17 (8) The Illinois Department of Public Aid shall design
18 suggested legal forms for proceeding under this Section and
19 shall make available to the courts such forms and
20 informational materials which describe the procedures and
21 remedies set forth herein for distribution to all parties in
22 support actions.
23 (9) At the time of transmitting each support payment,
24 the clerk of the circuit court shall provide the obligee or
25 public office, as appropriate, with any information furnished
26 by the payor as to the date income was paid from which such
27 support was withheld.
28 (J) Penalties.
29 (1) Where a payor wilfully fails to withhold or pay over
30 income pursuant to a properly served, specially certified
31 order for withholding and any notice of delinquency, or
32 wilfully discharges, disciplines, refuses to hire or
33 otherwise penalizes an obligor as prohibited by subsection
34 (G), or otherwise fails to comply with any duties imposed by
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1 this Section, the obligee, public office or obligor, as
2 appropriate, may file a complaint with the court against the
3 payor. The clerk of the circuit court shall notify the
4 obligee or public office, as appropriate, and the obligor and
5 payor of the time and place of the hearing on the complaint.
6 The court shall resolve any factual dispute including, but
7 not limited to, a denial that the payor is paying or has paid
8 income to the obligor. Upon a finding in favor of the
9 complaining party, the court:
10 (a) Shall enter judgment and direct the enforcement
11 thereof for the total amount that the payor wilfully
12 failed to withhold or pay over; and
13 (b) May order employment or reinstatement of or
14 restitution to the obligor, or both, where the obligor
15 has been discharged, disciplined, denied employment or
16 otherwise penalized by the payor and may impose a fine
17 upon the payor not to exceed $200.
18 (2) Any obligee, public office or obligor who wilfully
19 initiates a false proceeding under this Section or who
20 wilfully fails to comply with the requirements of this
21 Section shall be punished as in cases of contempt of court.
22 (K) Alternative Procedures for Entry and Service of an Order
23 for Withholding.
24 (1) Effective January 1, 1987, in any matter in which an
25 order for withholding has not been entered for any reason,
26 based upon the last order for support that has been entered,
27 and in which the obligor has become delinquent in payment of
28 an amount equal to at least one month's support obligation
29 pursuant to the last order for support or is at least 30 days
30 late in complying with all or part of the order for support,
31 the obligee or public office may prepare and serve an order
32 for withholding pursuant to the procedures set forth in this
33 subsection.
34 (2) The obligee or public office shall:
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1 (a) Prepare a proposed order for withholding for
2 immediate service as provided by paragraphs (1) and (3)
3 of subsection (B), except that the minimum 20%
4 delinquency payment shall be used;
5 (b) Prepare a notice of delinquency as provided by
6 paragraphs (1) and (2) of subsection (C), except the
7 notice shall state further that the order for withholding
8 has not been entered by the court and the conditions
9 under which the order will be entered; and
10 (c) Serve the notice of delinquency and form
11 petition to stay service as provided by paragraph (3) of
12 subsection (C), together with the proposed order for
13 withholding, which shall be marked "COPY ONLY".
14 (3) After 20 days following service of the notice of
15 delinquency and proposed order for withholding, in lieu of
16 the provisions of subsection (E), the obligee or public
17 office shall file with the Clerk of the Circuit Court an
18 affidavit, with a copy of the notice of delinquency and
19 proposed order for withholding attached thereto, stating
20 that:
21 (a) The notice of delinquency and proposed order
22 for withholding have been served upon the obligor and the
23 date on which service was effected;
24 (b) The obligor has not filed a petition to stay
25 service within 20 days of service of such notice and
26 order; and
27 (c) The proposed order for withholding accurately
28 states the terms and amounts contained in the last order
29 for support.
30 (4) Upon the court's satisfaction that the procedures
31 set forth in this subsection have been met, it shall enter
32 the order for withholding.
33 (5) The Clerk shall then provide to the obligee or
34 public office a specially certified copy of the order for
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1 withholding and the notice of delinquency indicating that the
2 preconditions for service have been met.
3 (6) The obligee or public office shall serve the
4 specially certified copies of the order for withholding and
5 the notice of delinquency on the payor, its superintendent,
6 manager or other agent by certified mail or personal
7 delivery. A proof of service shall be filed with the Clerk
8 of the Circuit Court.
9 (7) If the obligor requests in writing that income
10 withholding become effective prior to becoming delinquent in
11 payment of an amount equal to one month's support obligation
12 pursuant to the last order for support, or prior to becoming
13 30 days late in paying all or part of the order for support,
14 the obligee or public office shall file an affidavit with the
15 Clerk of the circuit Court, with a proposed order for
16 withholding attached, stating that the proposed order
17 accurately states the terms and amounts contained in the last
18 order for support and the obligor's request for immediate
19 service. The provisions of paragraphs (4) through (6) of this
20 subsection shall apply, except that a notice of delinquency
21 shall not be required.
22 (8) All other provisions of this Section shall be
23 applicable with respect to the provisions of this subsection
24 (K), except that under paragraph (1) of subsection (H), the
25 court may also amend the proposed order for withholding to
26 conform to the last order for support.
27 (9) Nothing in this subsection shall be construed as
28 limiting the requirements of paragraph (1) of subsection (B)
29 with respect to the entry of a separate order for withholding
30 upon entry of any order for support.
31 (L) Remedies in Addition to Other Laws.
32 (1) The rights, remedies, duties and penalties created
33 by this Section are in addition to and not in substitution
34 for any other rights, remedies, duties and penalties created
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1 by any other law.
2 (2) Nothing in this Section shall be construed as
3 invalidating any assignment of wages or benefits executed
4 prior to January 1, 1984.
5 (Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
6 88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
7 (Text of Section after amendment by P.A. 89-507)
8 Sec. 706.1. Withholding of Income to Secure Payment of
9 Support.
10 (A) Definitions.
11 (1) "Order for support" means any order of the court
12 which provides for periodic payment of funds for the support
13 of a child or maintenance of a spouse, whether temporary or
14 final, and includes any such order which provides for:
15 (a) Modification or resumption of, or payment of
16 arrearage accrued under, a previously existing order;
17 (b) Reimbursement of support; or
18 (c) Enrollment in a health insurance plan that is
19 available to the obligor through an employer or labor
20 union or trade union.
21 (2) "Arrearage" means the total amount of unpaid support
22 obligations as determined by the court and incorporated into
23 an order for support.
24 (3) "Delinquency" means any payment under an order for
25 support which becomes due and remains unpaid after entry of
26 the an order for support withholding has been entered under
27 subsection (B) or, for purposes of subsection (K), after the
28 last order for support was entered for which no order for
29 withholding was entered.
30 (4) "Income" means any form of periodic payment to an
31 individual, regardless of source, including, but not limited
32 to: wages, salary, commission, compensation as an independent
33 contractor, workers' compensation, disability, annuity,
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1 pension, and retirement benefits, lottery prize awards,
2 insurance proceeds, vacation pay, bonuses, profit-sharing
3 payments, interest, and any other payments, made by any
4 person, private entity, federal or state government, any unit
5 of local government, school district or any entity created by
6 Public Act; however, "income" excludes:
7 (a) Any amounts required by law to be withheld,
8 other than creditor claims, including, but not limited
9 to, federal, State and local taxes, Social Security and
10 other retirement and disability contributions;
11 (b) Union dues;
12 (c) Any amounts exempted by the federal Consumer
13 Credit Protection Act;
14 (d) Public assistance payments; and
15 (e) Unemployment insurance benefits except as
16 provided by law.
17 Any other State or local laws which limit or exempt
18 income or the amount or percentage of income that can be
19 withheld shall not apply.
20 (5) "Obligor" means the individual who owes a duty to
21 make payments under an order for support.
22 (6) "Obligee" means the individual to whom a duty of
23 support is owed or the individual's legal representative.
24 (7) "Payor" means any payor of income to an obligor.
25 (8) "Public office" means any elected official or any
26 State or local agency which is or may become responsible by
27 law for enforcement of, or which is or may become authorized
28 to enforce, an order for support, including, but not limited
29 to: the Attorney General, the Illinois Department of Public
30 Aid, the Illinois Department of Human Services, the Illinois
31 Department of Children and Family Services, and the various
32 State's Attorneys, Clerks of the Circuit Court and
33 supervisors of general assistance.
34 (9) "Premium" means the dollar amount for which the
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1 obligor is liable to his employer or labor union or trade
2 union and which must be paid to enroll or maintain a child in
3 a health insurance plan that is available to the obligor
4 through an employer or labor union or trade union.
5 (B) Entry of Order for Support Containing Income Withholding
6 Provisions; Income Withholding Notice.
7 (1) In addition to any content required under other
8 laws, every order for support entered on or after July 1,
9 1997, shall:
10 (a) Require an income withholding notice to be
11 prepared and served immediately upon any payor of the
12 obligor by the obligee or public office, unless a written
13 agreement is reached between and signed by both parties
14 providing for an alternative arrangement, approved and
15 entered into the record by the court, which ensures
16 payment of support. In that case, the order for support
17 shall provide that an income withholding notice is to be
18 prepared and served only if the obligor becomes
19 delinquent in paying the order for support; and
20 (b) Contain a dollar amount to be paid until
21 payment in full of any delinquency that accrues after
22 entry of the order for support. The amount for payment
23 of delinquency shall not be less than 20% of the total of
24 the current support amount and the amount to be paid
25 periodically for payment of any arrearage stated in the
26 order for support; and
27 (c) Include the obligor's Social Security Number,
28 which the obligor shall disclose to the court. If the
29 obligor is not a United States citizen, the obligor shall
30 disclose to the court, and the court shall include in the
31 order for support, the obligor's alien registration
32 number, passport number, and home country's social
33 security or national health number, if applicable.
34 (2) At the time the order for support is entered, the
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1 Clerk of the Circuit Court shall provide a copy of the order
2 to the obligor and shall make copies available to the obligee
3 and public office.
4 (3) The income withholding notice shall:
5 (a) Be in the standard format prescribed by the
6 federal Department of Health and Human Services; and
7 (b) Direct any payor to withhold the dollar amount
8 required for current support under the order for support;
9 and
10 (c) Direct any payor to withhold the dollar amount
11 required to be paid periodically under the order for
12 support for payment of the amount of any arrearage stated
13 in the order for support; and
14 (d) Direct any payor or labor union or trade union
15 to enroll a child as a beneficiary of a health insurance
16 plan and withhold or cause to be withheld, if applicable,
17 any required premiums; and
18 (e) State the amount of the payor income
19 withholding fee specified under this Section; and
20 (f) State that the amount actually withheld from
21 the obligor's income for support and other purposes,
22 including the payor withholding fee specified under this
23 Section, may not be in excess of the maximum amount
24 permitted under the federal Consumer Credit Protection
25 Act; and
26 (g) State the duties of the payor and the fines and
27 penalties for failure to withhold and pay over income and
28 for discharging, disciplining, refusing to hire, or
29 otherwise penalizing the obligor because of the duty to
30 withhold and pay over income under this Section; and
31 (h) State the rights, remedies, and duties of the
32 obligor under this Section; and
33 (i) Include the obligor's Social Security Number;
34 and
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1 (j) Include the date that withholding for current
2 support terminates, which shall be the date of
3 termination of the current support obligation set forth
4 in the order for support.
5 (4) The accrual of a delinquency as a condition for
6 service of an income withholding notice, under the exception
7 to immediate withholding in paragraph (1) of this subsection,
8 shall apply only to the initial service of an income
9 withholding notice on a payor of the obligor.
10 (5) Notwithstanding the exception to immediate
11 withholding contained in paragraph (1) of this subsection, if
12 the court finds at the time of any hearing that an arrearage
13 has accrued, the court shall order immediate service of an
14 income withholding notice upon the payor.
15 (6) If the order for support, under the exception to
16 immediate withholding contained in paragraph (1) of this
17 subsection, provides that an income withholding notice is to
18 be prepared and served only if the obligor becomes delinquent
19 in paying the order for support, the obligor may execute a
20 written waiver of that condition and request immediate
21 service on the payor.
22 (7) The obligee or public office may serve the income
23 withholding notice on the payor or its superintendent,
24 manager, or other agent by ordinary mail or certified mail
25 return receipt requested, by facsimile transmission or other
26 electronic means, by personal delivery, or by any method
27 provided by law for service of a summons. At the time of
28 service on the payor and as notice that withholding has
29 commenced, the obligee or public office shall serve a copy of
30 the income withholding notice on the obligor by ordinary mail
31 addressed to his or her last known address. Proofs of
32 service on the payor and the obligor shall be filed with the
33 Clerk of the Circuit Court.
34 (8) At any time after the initial service of an income
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1 withholding notice under this Section, any other payor of the
2 obligor may be served with the same income withholding notice
3 without further notice to the obligor.
4 (C) Income Withholding After Accrual of Delinquency.
5 (1) Whenever an obligor accrues a delinquency, the
6 obligee or public office may prepare and serve upon the
7 obligor's payor an income withholding notice that:
8 (a) Contains the information required under
9 paragraph (3) of subsection (B); and
10 (b) Contains a computation of the period and total
11 amount of the delinquency as of the date of the notice;
12 and
13 (c) Directs the payor to withhold the dollar amount
14 required to be withheld periodically under the order for
15 support for payment of the delinquency.
16 (2) The income withholding notice and the obligor's copy
17 of the income withholding notice shall be served as provided
18 in paragraph (7) of subsection (B).
19 (3) The obligor may contest withholding commenced under
20 this subsection by filing a petition to contest withholding
21 with the Clerk of the Circuit Court within 20 days after
22 service of a copy of the income withholding notice on the
23 obligor. However, the grounds for the petition to contest
24 withholding shall be limited to:
25 (a) A dispute concerning the existence or amount of
26 the delinquency; or
27 (b) The identity of the obligor.
28 The Clerk of the Circuit Court shall notify the obligor
29 and the obligee or public office of the time and place of the
30 hearing on the petition to contest withholding. The court
31 shall hold the hearing pursuant to the provisions of
32 subsection (F).
33 (D) Initiated Withholding.
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1 (1) Notwithstanding any other provision of this Section,
2 if the court has not required that income withholding take
3 effect immediately, the obligee or public office may initiate
4 withholding, regardless of whether a delinquency has accrued,
5 by preparing and serving an income withholding notice on the
6 payor that contains the information required under paragraph
7 (3) of subsection (B) and states that the parties' written
8 agreement providing an alternative arrangement to immediate
9 withholding under paragraph (1) of subsection (B) no longer
10 ensures payment of support due and the reason or reasons why
11 it does not.
12 (2) The income withholding notice and the obligor's copy
13 of the income withholding notice shall be served as provided
14 in paragraph (7) of subsection (B).
15 (3) The obligor may contest withholding commenced under
16 this subsection by filing a petition to contest withholding
17 with the Clerk of the Circuit Court within 20 days after
18 service of a copy of the income withholding notice on the
19 obligor. However, the grounds for the petition shall be
20 limited to a dispute concerning:
21 (a) whether the parties' written agreement providing
22 an alternative arrangement to immediate withholding under
23 paragraph (1) of subsection (B) continues to ensure
24 payment of support; or
25 (b) the identity of the obligor.
26 It shall not be grounds for filing a petition that the
27 obligor has made all payments due by the date of the
28 petition.
29 (4) If the obligor files a petition contesting
30 withholding within the 20-day period required under paragraph
31 (3), the Clerk of the Circuit Court shall notify the obligor
32 and the obligee or public office, as appropriate, of the time
33 and place of the hearing on the petition. The court shall
34 hold the hearing pursuant to the provisions of subsection
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1 (F).
2 (B) Entry of an Order for Withholding.
3 (1) Upon entry of any order for support on or after
4 January 1, 1984, the court shall enter a separate order for
5 withholding which shall not take effect unless the obligor
6 becomes delinquent in paying the order for support or the
7 obligor requests an earlier effective date; except that the
8 court may require the order for withholding to take effect
9 immediately.
10 On or after January 1, 1989, the court shall require the
11 order for withholding to take effect immediately, unless a
12 written agreement is reached between and signed by both
13 parties providing for an alternative arrangement, approved
14 and entered into the record by the court, which insures
15 payment of support. In that case, the court shall enter the
16 order for withholding which will not take effect unless the
17 obligor becomes delinquent in paying the order for support.
18 Upon entry of any order of support on or after September
19 11, 1989, if the obligor is not a United States citizen, the
20 obligor shall provide to the court the obligor's alien
21 registration number, passport number, and home country's
22 social security or national health number, if applicable; the
23 court shall make the information part of the record in the
24 case.
25 (2) An order for withholding shall be entered upon
26 petition by the obligee or public office where an order for
27 withholding has not been previously entered.
28 (3) The order for withholding shall:
29 (a) Direct any payor to withhold a dollar amount
30 equal to the order for support; and
31 (b) Direct any payor to withhold an additional
32 dollar amount, not less than 20% of the order for
33 support, until payment in full of any delinquency stated
34 in the notice of delinquency provided for in subsection
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1 (C) or (F) of this Section; and
2 (c) Direct any payor or labor union or trade union
3 to enroll a child as a beneficiary of a health insurance
4 plan and withhold or cause to be withheld, if
5 applicable, any required premiums; and
6 (d) State the rights, remedies and duties of the
7 obligor under this Section; and
8 (e) Include the obligor's Social Security Number,
9 which the obligor shall disclose to the court; and
10 (f) Include the date that withholding for current
11 support terminates, which shall be the date of
12 termination of the current support obligation set forth
13 in the order for support.
14 (4) At the time the order for withholding is entered,
15 the Clerk of the Circuit Court shall provide a copy of the
16 order for withholding and the order for support to the
17 obligor and shall make copies available to the obligee and
18 public office. Any copy of the order for withholding
19 furnished to the parties under this subsection shall be
20 stamped "Not Valid".
21 (5) The order for withholding shall remain in effect for
22 as long as the order for support upon which it is based.
23 (6) The failure of an order for withholding to state an
24 arrearage is not conclusive of the issue of whether an
25 arrearage is owing.
26 (7) Notwithstanding the provisions of this subsection,
27 if the court finds at the time of any hearing that an
28 arrearage has accrued in an amount equal to at least one
29 month's support obligation or that the obligor is 30 days
30 late in paying all or part of the order for support, the
31 court shall order immediate service of the order for
32 withholding upon the payor.
33 (8) Where the court has not required that the order for
34 withholding take effect immediately, the obligee or public
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1 office may prepare and serve a notice for immediate
2 withholding upon the obligor by ordinary mail addressed to
3 the obligor at his or her last known address. The notice
4 shall state that the following circumstances have occurred:
5 (a) The parties' written agreement providing an
6 alternative arrangement to immediate withholding under
7 paragraph (1) of this subsection no longer provides for
8 timely payment of all support due; or
9 (b) The obligor has not made timely payments in
10 that the obligor has been at least 7 days late in paying
11 all or part of the order for support any of the last 6
12 consecutive dates payments were due prior to the date of
13 the notice for immediate withholding.
14 The notice for immediate withholding shall clearly state
15 that a specially certified copy of the order for withholding
16 will be sent to the payor, unless the obligor files a
17 petition contesting immediate withholding within 20 days
18 after service of the notice; however, the grounds for the
19 petition shall be limited to a dispute concerning whether the
20 circumstances stated in the notice have occurred or the
21 identity of the obligor. It shall not be grounds for the
22 petition that the obligor has made all payments due by the
23 date of the petition.
24 If the obligor files a petition contesting immediate
25 withholding within the 20-day period required under this
26 paragraph, the Clerk of the Circuit Court shall notify the
27 obligor and the obligee or public office, as appropriate, of
28 the time and place of the hearing on the petition. Upon
29 hearing the petition, the court shall enter an order granting
30 or denying relief. It shall not be grounds for granting the
31 obligor's petition that he or she has made all payments due
32 by the date of hearing. If the court denies the obligor's
33 petition, it shall order immediate service of the order for
34 withholding and direct the clerk to provide a specially
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1 certified copy of the order for withholding to the obligee or
2 public office indicating that the requirements for immediate
3 withholding under this paragraph have been met.
4 If the obligor does not file a petition contesting
5 immediate withholding within the 20-day period, the obligee
6 or public office shall file with the Clerk of the Circuit
7 Court an affidavit, with a copy of the notice for immediate
8 withholding attached thereto, stating that the notice was
9 duly served and the date on which service was effected, and
10 that the obligor has not filed a petition contesting
11 immediate withholding. The clerk shall then provide to the
12 obligee or public office a specially certified copy of the
13 order for withholding indicating that the requirements for
14 immediate withholding under this paragraph have been met.
15 Upon receipt of a specially certified copy of the order
16 for withholding, the obligee or public office may serve the
17 order on the payor, its superintendent, manager or other
18 agent, by certified mail or personal delivery. A proof of
19 service shall be filed with the Clerk of the Circuit Court.
20 (C) Notice of Delinquency.
21 (1) Whenever an obligor becomes delinquent in payment of
22 an amount equal to at least one month's support obligation
23 pursuant to the order for support or is at least 30 days late
24 in complying with all or part of the order for support,
25 whichever occurs first, the obligee or public office may
26 prepare and serve a verified notice of delinquency, together
27 with a form petition to stay service, pursuant to paragraph
28 (3) of this subsection.
29 (2) The notice of delinquency shall recite the terms of
30 the order for support and contain a computation of the period
31 and total amount of the delinquency, as of the date of the
32 notice. The notice shall clearly state that it will be sent
33 to the payor, together with a specially certified copy of the
34 order for withholding, except as provided in subsection (F),
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1 unless the obligor files a petition to stay service in
2 accordance with paragraph (1) of subsection (D).
3 (3) The notice of delinquency shall be served by
4 ordinary mail addressed to the obligor at his or her last
5 known address.
6 (4) The obligor may execute a written waiver of the
7 provisions of paragraphs (1) through (3) of this subsection
8 and request immediate service upon the payor.
9 (D) Procedures to Avoid Income Withholding.
10 (1) Except as provided in subsection (F), the obligor
11 may prevent an order for withholding from being served by
12 filing a petition to stay service with the Clerk of the
13 Circuit Court, within 20 days after service of the notice of
14 delinquency; however, the grounds for the petition to stay
15 service shall be limited to:
16 (a) A dispute concerning the amount of current
17 support or the existence or amount of the delinquency;
18 (b) The identity of the obligor.
19 The Clerk of the Circuit Court shall notify the obligor
20 and the obligee or public office, as appropriate, of the time
21 and place of the hearing on the petition to stay service. The
22 court shall hold such hearing pursuant to the provisions of
23 subsection (H).
24 (2) Except as provided in subsection (F), filing of a
25 petition to stay service, within the 20-day period required
26 under this subsection, shall prohibit the obligee or public
27 office from serving the order for withholding on any payor of
28 the obligor.
29 (E) Initial Service of Order for Withholding.
30 (1) Except as provided in subsection (F), in order to
31 serve an order for withholding upon a payor, an obligee or
32 public office shall follow the procedures set forth in this
33 subsection. After 20 days following service of the notice of
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1 delinquency, the obligee or public office shall file with the
2 Clerk of the Circuit Court an affidavit, with the copy of the
3 notice of delinquency attached thereto, stating:
4 (a) that the notice of delinquency has been duly
5 served and the date on which service was effected; and
6 (b) that the obligor has not filed a petition to
7 stay service, or in the alternative
8 (c) that the obligor has waived the provisions of
9 subparagraphs (a) and (b) of this paragraph (1) in
10 accordance with subsection (C)(4).
11 (2) Upon request of the obligee or public office, the
12 Clerk of the Circuit Court shall: (a) make available any
13 record of payment; and (b) determine that the file contains a
14 copy of the affidavit described in paragraph (1). The Clerk
15 shall then provide to the obligee or public office a
16 specially certified copy of the order for withholding and the
17 notice of delinquency indicating that the preconditions for
18 service have been met.
19 (3) The obligee or public office may then serve the
20 notice of delinquency and order for withholding on the payor,
21 its superintendent, manager or other agent, by certified mail
22 or personal delivery. A proof of service shall be filed with
23 the Clerk of the Circuit Court.
24 (F) Subsequent Service of Order for Withholding.
25 (1) Notwithstanding the provisions of this Section, at
26 any time after the court has ordered immediate service of an
27 order for withholding or after initial service of an order
28 for withholding pursuant to subsection (E), the obligee or
29 public office may serve the order for withholding upon any
30 payor of the obligor without further notice to the obligor.
31 The obligee or public office shall provide notice to the
32 payor, pursuant to paragraph (6) of subsection (I), of any
33 payments that have been made through previous withholding or
34 any other method.
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1 (2) The Clerk of the Circuit Court shall, upon request,
2 provide the obligee or public office with specially certified
3 copies of the order for withholding or the notice of
4 delinquency or both whenever the Court has ordered immediate
5 service of an order for withholding or an affidavit has been
6 placed in the court file indicating that the preconditions
7 for service have been previously met. The obligee or public
8 office may then serve the order for withholding on the payor,
9 its superintendent, manager or other agent by certified mail
10 or personal delivery. A proof of service shall be filed with
11 the Clerk of the Circuit Court.
12 (3) If a delinquency has accrued for any reason, the
13 obligee or public office may serve a notice of delinquency
14 upon the obligor pursuant to subsection (C). The obligor may
15 prevent the notice of delinquency from being served upon the
16 payor by utilizing the procedures set forth in subsection
17 (D). If no petition to stay service has been filed within the
18 required 20 day time period, the obligee or public office may
19 serve the notice of delinquency on the payor by utilizing the
20 procedures for service set forth in subsection (E).
21 (E) (G) Duties of Payor.
22 (1) It shall be the duty of any payor who has been
23 served with an income withholding a copy of the specially
24 certified order for withholding and any notice of delinquency
25 to deduct and pay over income as provided in this subsection.
26 The payor shall deduct the amount designated in the income
27 order for withholding notice, as supplemented by the notice
28 of delinquency and any notice provided pursuant to paragraph
29 (6) of subsection (G) (I), beginning no later than the next
30 payment of income which is payable or creditable to the
31 obligor that occurs 14 days following the date the income
32 withholding order and any notice was were mailed, sent by
33 facsimile or other electronic means, by certified mail or
34 placed for personal delivery to or service on the payor. The
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1 payor may combine all amounts withheld for the benefit of an
2 obligee or public office into a single payment and transmit
3 the payment with a listing of obligors from whom withholding
4 has been effected. The payor shall pay the amount withheld to
5 the obligee or public office within 7 business days after the
6 date the amount would (but for the duty to withhold income)
7 have been paid or credited to the obligor 10 calendar days of
8 the date income is paid to the obligor in accordance with the
9 order for withholding and any subsequent notification
10 received from the public office redirecting payments. If the
11 payor knowingly fails to pay any amount withheld to the
12 obligee or public office within 7 business days after the
13 date the amount would have been 10 calendar days of the date
14 income is paid or credited to the obligor, the payor shall
15 pay a penalty of $100 for each day that the withheld amount
16 is not paid to the obligee or public office after the period
17 of 7 business 10 calendar days has expired. The failure of a
18 payor, on more than one occasion, to pay amounts withheld to
19 the obligee or public office within 7 business days after the
20 date the amount would have been 10 calendar days of the date
21 income is not paid or credited to the obligor creates a
22 presumption that the payor knowingly failed to pay over the
23 amounts. This penalty may be collected in a civil action
24 which may be brought against the payor in favor of the
25 obligee or public office. For purposes of this Section, a
26 withheld amount shall be considered paid by a payor on the
27 date it is mailed by the payor, or on the date an electronic
28 funds transfer of the amount has been initiated by the payor,
29 or on the date delivery of the amount has been initiated by
30 the payor. For each deduction, the payor shall provide the
31 obligee or public office, at the time of transmittal, with
32 the date the amount would (but for the duty to withhold
33 income) have been paid or credited to the obligor income was
34 paid from which support was withheld.
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1 Upon receipt of an income withholding notice order
2 requiring that a minor child be named as a beneficiary of a
3 health insurance plan available through an employer or labor
4 union or trade union, the employer or labor union or trade
5 union shall immediately enroll the minor child as a
6 beneficiary in the health insurance plan designated by the
7 income withholding notice court order. The employer shall
8 withhold any required premiums and pay over any amounts so
9 withheld and any additional amounts the employer pays to the
10 insurance carrier in a timely manner. The employer or labor
11 union or trade union shall mail to the obligee, within 15
12 days of enrollment or upon request, notice of the date of
13 coverage, information on the dependent coverage plan, and all
14 forms necessary to obtain reimbursement for covered health
15 expenses, such as would be made available to a new employee.
16 When an order for dependent coverage is in effect and the
17 insurance coverage is terminated or changed for any reason,
18 the employer or labor union or trade union shall notify the
19 obligee within 10 days of the termination or change date
20 along with notice of conversion privileges.
21 For withholding of income, the payor shall be entitled to
22 receive a fee not to exceed $5 per month to be taken from the
23 income to be paid to the obligor.
24 (2) Whenever the obligor is no longer receiving income
25 from the payor, the payor shall return a copy of the income
26 order for withholding notice to the obligee or public office
27 and shall provide information for the purpose of enforcing
28 this Section.
29 (3) Withholding of income under this Section shall be
30 made without regard to any prior or subsequent garnishments,
31 attachments, wage assignments, or any other claims of
32 creditors. Withholding of income under this Section shall
33 not be in excess of the maximum amounts permitted under the
34 federal Consumer Credit Protection Act. If the payor has been
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1 served with more than one income order for withholding notice
2 pertaining to the same obligor, the payor shall allocate
3 income available for withholding on a proportionate share
4 basis, giving priority to current support payments. If there
5 is any income available for withholding after withholding for
6 all current support obligations, the payor shall allocate the
7 income to past due support payments ordered in cases in which
8 cash assistance under the Illinois Public Aid Code is not
9 being provided to the obligee non-AFDC matters and then to
10 past due support payments ordered in cases in which cash
11 assistance under the Illinois Public Aid Code is being
12 provided to the obligee AFDC matters, both on a proportionate
13 share basis. A payor who complies with an income withholding
14 notice that is regular on its face shall not be subject to
15 civil liability with respect to any individual, any agency,
16 or any creditor of the obligor for conduct in compliance with
17 the notice. Payment as required by the order for withholding
18 shall be a complete defense by the payor against any claims
19 of the obligor or his creditors as to the sum so paid.
20 (4) No payor shall discharge, discipline, refuse to hire
21 or otherwise penalize any obligor because of the duty to
22 withhold income.
23 (F) (H) Petitions to Contest Withholding Stay Service or to
24 Modify, Suspend, or Terminate, or Correct Income Orders for
25 Withholding Notices.
26 (1) When an obligor files a petition to contest
27 withholding stay service, the court, after due notice to all
28 parties, shall hear the matter as soon as practicable and
29 shall enter an order granting or denying relief, ordering
30 service of an amended income withholding notice amending the
31 notice of delinquency, amending the order for withholding,
32 where applicable, or otherwise resolving the matter.
33 The court shall deny the obligor's petition if the court
34 finds that when the income withholding notice was mailed,
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1 sent by facsimile transmission or other electronic means, or
2 placed for personal delivery to or service on the payor:
3 (a) A delinquency existed; or
4 (b) The parties' written agreement providing an
5 alternative arrangement to immediate withholding under
6 paragraph (1) of subsection (B) no longer ensured payment
7 of support. If the court finds that a delinquency existed
8 when the notice of delinquency was served upon the
9 obligor, in an amount of at least one month's support
10 obligation, or that the obligor was at least 30 days late
11 in paying all or part of the order for support, the court
12 shall order immediate service of the order for
13 withholding. Where the court cannot promptly resolve any
14 dispute over the amount of the delinquency, the court may
15 order immediate service of the order for withholding as
16 to any undisputed amounts specified in an amended notice
17 of delinquency, and may continue the hearing on the
18 disputed amounts.
19 (2) At any time, an obligor, obligee, public office or
20 Clerk of the Circuit Court may petition the court to:
21 (a) Modify, suspend or terminate the income order
22 for withholding notice because of a modification,
23 suspension or termination of the underlying order for
24 support; or
25 (b) Modify the amount of income to be withheld to
26 reflect payment in full or in part of the delinquency or
27 arrearage by income withholding or otherwise; or
28 (c) Suspend the income order for withholding notice
29 because of inability to deliver income withheld to the
30 obligee due to the obligee's failure to provide a mailing
31 address or other means of delivery.
32 (3) At any time an obligor may petition the court to
33 correct a term contained in an income withholding notice to
34 conform to that stated in the underlying order for support
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1 for:
2 (a) The amount of current support;
3 (b) The amount of the arrearage;
4 (c) The periodic amount for payment of the
5 arrearage; or
6 (d) The periodic amount for payment of the
7 delinquency.
8 (4) (3) The obligor, obligee or public office shall
9 serve on the payor, in the manner provided for service of
10 income withholding notices in paragraph (7) of subsection (B)
11 by certified mail or personal delivery, a copy of any order
12 entered pursuant to this subsection that affects the duties
13 of the payor.
14 (5) (4) At any time, a public office or Clerk of the
15 Circuit Court may serve a notice on the payor to:
16 (a) Cease withholding of income for payment of
17 current support for a child when the support obligation
18 for that child has automatically ceased under the order
19 for support through emancipation or otherwise; or
20 (b) Cease withholding of income for payment of
21 delinquency or arrearage when the delinquency or
22 arrearage has been paid in full.
23 (6) (5) The notice provided for under paragraph (5) (4)
24 of this subsection shall be served on the payor in the manner
25 provided for service of income withholding notices in
26 paragraph (7) of subsection (B) by ordinary mail, and a copy
27 shall be provided to the obligor and the obligee. A copy of
28 the notice shall be filed with the Clerk of the Circuit
29 Court.
30 (7) (6) The income order for withholding notice shall
31 continue to be binding upon the payor until service of an
32 amended income withholding notice or any order of the court
33 or notice entered or provided for under this subsection.
34 (G) (I) Additional Duties.
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1 (1) An obligee who is receiving income withholding
2 payments under this Section shall notify the payor, if the
3 obligee receives the payments directly from the payor, or the
4 public office or the Clerk of the Circuit Court, as
5 appropriate, of any change of address within 7 days of such
6 change.
7 (2) An obligee who is a recipient of public aid shall
8 send a copy of any notice served by the obligee of
9 delinquency filed pursuant to subsection (C) to the Division
10 Bureau of Child Support Enforcement of the Illinois
11 Department of Public Aid.
12 (3) Each obligor shall notify the obligee, the public
13 office, and the Clerk of the Circuit Court of any change of
14 address within 7 days.
15 (4) An obligor whose income is being withheld or who has
16 been served with a notice of delinquency pursuant to this
17 Section shall notify the obligee, the public office, and the
18 Clerk of the Circuit Court of any new payor, within 7 days.
19 (5) When the Illinois Department of Public Aid is no
20 longer authorized to receive payments for the obligee, it
21 shall, within 7 days, notify the payor or, where appropriate,
22 the Clerk of the Circuit Court, to redirect income
23 withholding payments to the obligee.
24 (6) The obligee or public office shall provide notice to
25 the payor and Clerk of the Circuit Court of any other support
26 payment made, including but not limited to, a set-off under
27 federal and State law or partial payment of the delinquency
28 or arrearage, or both.
29 (7) Any public office and Clerk of the Circuit Court
30 which collects, disburses or receives payments pursuant to
31 income orders for withholding notices shall maintain
32 complete, accurate, and clear records of all payments and
33 their disbursements. Certified copies of payment records
34 maintained by a public office or Clerk of the Circuit Court
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1 shall, without further proof, be admitted into evidence in
2 any legal proceedings under this Section.
3 (8) The Illinois Department of Public Aid shall design
4 suggested legal forms for proceeding under this Section and
5 shall make available to the courts such forms and
6 informational materials which describe the procedures and
7 remedies set forth herein for distribution to all parties in
8 support actions.
9 (9) At the time of transmitting each support payment,
10 the clerk of the circuit court shall provide the obligee or
11 public office, as appropriate, with any information furnished
12 by the payor as to the date the amount would (but for the
13 duty to withhold income) have been paid or credited to the
14 obligor income was paid from which such support was withheld.
15 (H) (J) Penalties.
16 (1) Where a payor wilfully fails to withhold or pay over
17 income pursuant to a properly served income withholding
18 notice, specially certified order for withholding and any
19 notice of delinquency, or wilfully discharges, disciplines,
20 refuses to hire or otherwise penalizes an obligor as
21 prohibited by subsection (E) (G), or otherwise fails to
22 comply with any duties imposed by this Section, the obligee,
23 public office or obligor, as appropriate, may file a
24 complaint with the court against the payor. The clerk of the
25 circuit court shall notify the obligee or public office, as
26 appropriate, and the obligor and payor of the time and place
27 of the hearing on the complaint. The court shall resolve any
28 factual dispute including, but not limited to, a denial that
29 the payor is paying or has paid income to the obligor. Upon
30 a finding in favor of the complaining party, the court:
31 (a) Shall enter judgment and direct the enforcement
32 thereof for the total amount that the payor wilfully
33 failed to withhold or pay over; and
34 (b) May order employment or reinstatement of or
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1 restitution to the obligor, or both, where the obligor
2 has been discharged, disciplined, denied employment or
3 otherwise penalized by the payor and may impose a fine
4 upon the payor not to exceed $200.
5 (2) Any obligee, public office or obligor who wilfully
6 initiates a false proceeding under this Section or who
7 wilfully fails to comply with the requirements of this
8 Section shall be punished as in cases of contempt of court.
9 (I) Alternative Procedures for Service of an Income
10 Withholding Notice.
11 (1) The procedures of this subsection may be used in any
12 matter to serve an income withholding notice on a payor if:
13 (a) For any reason the most recent order for
14 support entered does not contain the income withholding
15 provisions required under subsection (B), irrespective of
16 whether a separate order for withholding was entered
17 prior to July 1, 1997; and
18 (b) The obligor has accrued a delinquency after
19 entry of the most recent order for support.
20 (2) The obligee or public office shall prepare and serve
21 the income withholding notice in accordance with the
22 provisions of subsection (C), except that the notice shall
23 contain a periodic amount for payment of the delinquency
24 equal to 20% of the total of the current support amount and
25 the amount to be paid periodically for payment of any
26 arrearage stated in the most recent order for support.
27 (3) If the obligor requests in writing that income
28 withholding become effective prior to the obligor accruing a
29 delinquency under the most recent order for support, the
30 obligee or public office may prepare and serve an income
31 withholding notice on the payor as provided in subsection
32 (B). In addition to filing proofs of service of the income
33 withholding notice on the payor and the obligor, the obligee
34 or public office shall file a copy of the obligor's written
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1 request for income withholding with the Clerk of the Circuit
2 Court.
3 (4) All other provisions of this Section shall be
4 applicable with respect to the provisions of this subsection
5 (I).
6 (K) Alternative Procedures for Entry and Service of an Order
7 for Withholding.
8 (1) Effective January 1, 1987, in any matter in which an
9 order for withholding has not been entered for any reason,
10 based upon the last order for support that has been entered,
11 and in which the obligor has become delinquent in payment of
12 an amount equal to at least one month's support obligation
13 pursuant to the last order for support or is at least 30 days
14 late in complying with all or part of the order for support,
15 the obligee or public office may prepare and serve an order
16 for withholding pursuant to the procedures set forth in this
17 subsection.
18 (2) The obligee or public office shall:
19 (a) Prepare a proposed order for withholding for
20 immediate service as provided by paragraphs (1) and (3)
21 of subsection (B), except that the minimum 20%
22 delinquency payment shall be used;
23 (b) Prepare a notice of delinquency as provided by
24 paragraphs (1) and (2) of subsection (C), except the
25 notice shall state further that the order for withholding
26 has not been entered by the court and the conditions
27 under which the order will be entered; and
28 (c) Serve the notice of delinquency and form
29 petition to stay service as provided by paragraph (3) of
30 subsection (C), together with the proposed order for
31 withholding, which shall be marked "COPY ONLY".
32 (3) After 20 days following service of the notice of
33 delinquency and proposed order for withholding, in lieu of
34 the provisions of subsection (E), the obligee or public
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1 office shall file with the Clerk of the Circuit Court an
2 affidavit, with a copy of the notice of delinquency and
3 proposed order for withholding attached thereto, stating
4 that:
5 (a) The notice of delinquency and proposed order
6 for withholding have been served upon the obligor and the
7 date on which service was effected;
8 (b) The obligor has not filed a petition to stay
9 service within 20 days of service of such notice and
10 order; and
11 (c) The proposed order for withholding accurately
12 states the terms and amounts contained in the last order
13 for support.
14 (4) Upon the court's satisfaction that the procedures
15 set forth in this subsection have been met, it shall enter
16 the order for withholding.
17 (5) The Clerk shall then provide to the obligee or
18 public office a specially certified copy of the order for
19 withholding and the notice of delinquency indicating that the
20 preconditions for service have been met.
21 (6) The obligee or public office shall serve the
22 specially certified copies of the order for withholding and
23 the notice of delinquency on the payor, its superintendent,
24 manager or other agent by certified mail or personal
25 delivery. A proof of service shall be filed with the Clerk
26 of the Circuit Court.
27 (7) If the obligor requests in writing that income
28 withholding become effective prior to becoming delinquent in
29 payment of an amount equal to one month's support obligation
30 pursuant to the last order for support, or prior to becoming
31 30 days late in paying all or part of the order for support,
32 the obligee or public office shall file an affidavit with the
33 Clerk of the circuit Court, with a proposed order for
34 withholding attached, stating that the proposed order
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1 accurately states the terms and amounts contained in the last
2 order for support and the obligor's request for immediate
3 service. The provisions of paragraphs (4) through (6) of this
4 subsection shall apply, except that a notice of delinquency
5 shall not be required.
6 (8) All other provisions of this Section shall be
7 applicable with respect to the provisions of this subsection
8 (K), except that under paragraph (1) of subsection (H), the
9 court may also amend the proposed order for withholding to
10 conform to the last order for support.
11 (9) Nothing in this subsection shall be construed as
12 limiting the requirements of paragraph (1) of subsection (B)
13 with respect to the entry of a separate order for withholding
14 upon entry of any order for support.
15 (J) (L) Remedies in Addition to Other Laws.
16 (1) The rights, remedies, duties and penalties created
17 by this Section are in addition to and not in substitution
18 for any other rights, remedies, duties and penalties created
19 by any other law.
20 (2) Nothing in this Section shall be construed as
21 invalidating any assignment of wages or benefits executed
22 prior to January 1, 1984 or any order for withholding served
23 prior to July 1, 1997.
24 (Source: P.A. 88-26; 88-45; 88-94; 88-131; 88-307; 88-670,
25 eff. 12-2-94; 89-507, eff. 7-1-97.)
26 (750 ILCS 5/707) (from Ch. 40, par. 707)
27 Sec. 707. Certificate of Dissolution or Invalidity of
28 Marriage - Filing with Department of Public Health.) A
29 certificate of each dissolution of marriage or declaration of
30 invalidity of marriage ordered in this State shall be filed
31 with the Illinois Department of Public Health on a form
32 furnished by such Department. The form shall contain the
33 social security numbers of the parties whose marriage has
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1 been dissolved or declared invalid. This form shall be
2 prepared by the person filing the petition for dissolution of
3 marriage or declaration of invalidity of marriage and shall
4 be presented to the judge of the court for his inspection
5 prior to the entry of the final order. Failure to comply
6 with this Act shall not invalidate any judgment of
7 dissolution of marriage or declaration of invalidity of
8 marriage. Immediately after the judgment is granted, the
9 clerk of the court shall complete the remaining entries on
10 the certificate. Within 45 days after the close of the month
11 in which the judgment is rendered, the clerk shall forward
12 the certificate to the Illinois Department of Public Health.
13 (Source: P.A. 81-399.)
14 Section 105. The Non-Support of Spouse and Children Act
15 is amended by changing Sections 2.1, 3, 4.1, and 12 as
16 follows:
17 (750 ILCS 15/2.1) (from Ch. 40, par. 1105)
18 Sec. 2.1. Support payments; receiving and disbursing
19 agents.
20 (1) In actions instituted under this Act on and after
21 August 14, 1961, involving a minor child or children, the
22 Court, except in actions instituted on or after August 26,
23 1969, in which the support payments are in behalf of a
24 recipient of aid under the Illinois Public Aid Code, shall
25 direct that moneys ordered to be paid for support under
26 Sections 3 and 4 of this Act shall be paid to the clerk of
27 the court in counties of less than 3 million population, and
28 in counties of 3 million or more population, to the clerk or
29 probation officer of the court or to the Court Service
30 Division of the County Department of Public Aid. After the
31 effective date of this amendatory Act of 1975, the court
32 shall direct that such support moneys be paid to the clerk or
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1 probation officer or the Illinois Department of Public Aid.
2 However, the court in its discretion may direct otherwise
3 where exceptional circumstances so warrant. If payment is to
4 be made to persons other than the clerk or probation officer,
5 the Court Service Division of the County Department of Public
6 Aid, or the Illinois Department of Public Aid, the judgment
7 or order of support shall set forth the facts of the
8 exceptional circumstances.
9 (2) In actions instituted after August 26, 1969, where
10 the support payments are in behalf of spouses, children, or
11 both, who are recipients of aid under the Illinois Public Aid
12 Code, the court shall order the payments to be made directly
13 to (1) the Illinois Department of Public Aid if the person is
14 a recipient under Articles III, IV or V of the Code, or (2)
15 to the local governmental unit responsible for the support of
16 the person if he or she is a recipient under Articles VI or
17 VII of the Code. In accordance with federal law and
18 regulations, the Illinois Department of Public Aid may
19 continue to collect current maintenance payments or child
20 support payments, or both, after those persons cease to
21 receive public assistance and until termination of services
22 under Article X of the Illinois Public Aid Code. The
23 Illinois Department of Public Aid shall pay the net amount
24 collected to those persons after deducting any costs incurred
25 in making the collection or any collection fee from the
26 amount of any recovery made. The order shall permit the
27 Illinois Department of Public Aid or the local governmental
28 unit, as the case may be, to direct that support payments be
29 made directly to the spouse, children, or both, or to some
30 person or agency in their behalf, upon removal of the spouse
31 or children from the public aid rolls or upon termination of
32 services under Article X of the Illinois Public Aid Code; and
33 upon such direction, the Illinois Department or the local
34 governmental unit, as the case requires, shall give notice of
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1 such action to the court in writing or by electronic
2 transmission.
3 (3) The clerks, probation officers, and the Court
4 Service Division of the County Department of Public Aid in
5 counties of 3 million or more population, and, after the
6 effective date of this amendatory Act of 1975, the clerks,
7 probation officers, and the Illinois Department of Public
8 Aid, shall disburse moneys paid to them to the person or
9 persons entitled thereto under the order of the Court. They
10 shall establish and maintain current records of all moneys
11 received and disbursed and of delinquencies and defaults in
12 required payments. The Court, by order or rule, shall make
13 provision for the carrying out of these duties.
14 In cases in which a party is receiving child and spouse
15 support services under Article X of the Illinois Public Aid
16 Code and the order for support provides that child support
17 payments be made to the obligee, the Illinois Department of
18 Public Aid may provide notice to the obligor and the
19 obligor's payor, when income withholding is in effect under
20 Section 4.1 of this Act, to make all payments after receipt
21 of the Department's notice to the clerk of the court until
22 further notice by the Department or order of the court.
23 Copies of the notice shall be provided to the obligee and the
24 clerk. The clerk's copy shall contain a proof of service on
25 the obligor and the obligor's payor, where applicable. The
26 clerk shall file the clerk's copy of the notice in the court
27 file. The notice to the obligor and the payor, if applicable,
28 may be sent by ordinary mail, certified mail, return receipt
29 requested, facsimile transmission, or other electronic
30 process, or may be served upon the obligor or payor using any
31 method provided by law for service of a summons. An obligor
32 who fails to comply with a notice provided under this
33 paragraph is guilty of a Class B misdemeanor. A payor who
34 fails to comply with a notice provided under this paragraph
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1 is guilty of a business offense and subject to a fine of up
2 to $1,000.
3 Upon notification in writing or by electronic
4 transmission from the Illinois Department of Public Aid to
5 the clerk of the court that a person who is receiving support
6 payments under this Section is receiving services under the
7 Child Support Enforcement Program established by Title IV-D
8 of the Social Security Act, any support payments subsequently
9 received by the clerk of the court shall be transmitted in
10 accordance with the instructions of the Illinois Department
11 of Public Aid until the Department gives notice to cease the
12 transmittal. After providing the notification authorized
13 under this paragraph, the Illinois Department of Public Aid
14 shall be entitled as a party to notice of any further
15 proceedings in the case. The clerk of the court shall file a
16 copy of the Illinois Department of Public Aid's notification
17 in the court file. The failure of the clerk to file a copy
18 of the notification in the court file shall not, however,
19 affect the Illinois Department of Public Aid's right to
20 receive notice of further proceedings.
21 (4) Payments under this Section to the Illinois
22 Department of Public Aid pursuant to the Child Support
23 Enforcement Program established by Title IV-D of the Social
24 Security Act shall be paid into the Child Support Enforcement
25 Trust Fund. All other payments under this Section to the
26 Illinois Department of Public Aid shall be deposited in the
27 Public Assistance Recoveries Trust Fund. Disbursements from
28 these funds shall be as provided in the Illinois Public Aid
29 Code. Payments received by a local governmental unit shall be
30 deposited in that unit's General Assistance Fund.
31 (5) Orders and assignments entered or executed prior to
32 the Act approved August 14, 1961 shall not be affected
33 thereby. Employers served with wage assignments executed
34 prior to that date shall comply with the terms thereof.
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1 However, the Court, on petition of the state's attorney, or
2 of the Illinois Department of Public Aid or local
3 governmental unit in respect to recipients of public aid, may
4 order the execution of new assignments and enter new orders
5 designating the clerk, probation officer, or the Illinois
6 Department of Public Aid or appropriate local governmental
7 unit in respect to payments in behalf of recipients of public
8 aid, as the person or agency authorized to receive and
9 disburse the salary or wages assigned. On like petition the
10 Court may enter new orders designating such officers,
11 agencies or governmental units to receive and disburse the
12 payments ordered under Section 4.
13 (6) For those cases in which child support is payable to
14 the clerk of the circuit court for transmittal to the
15 Illinois Department of Public Aid by order of court or upon
16 notification by the Illinois Department of Public Aid, the
17 clerk shall transmit all such payments, within 4 working days
18 of receipt, to insure that funds are available for immediate
19 distribution by the Department to the person or entity
20 entitled thereto in accordance with standards of the Child
21 Support Enforcement Program established under Title IV-D of
22 the Social Security Act. The clerk shall notify the
23 Department of the date of receipt and amount thereof at the
24 time of transmittal. Where the clerk has entered into an
25 agreement of cooperation with the Department to record the
26 terms of child support orders and payments made thereunder
27 directly into the Department's automated data processing
28 system, the clerk shall account for, transmit and otherwise
29 distribute child support payments in accordance with such
30 agreement in lieu of the requirements contained herein.
31 (Source: P.A. 88-687, eff. 1-24-95.)
32 (750 ILCS 15/3) (from Ch. 40, par. 1106)
33 Sec. 3. At any time before the trial, upon motion of the
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1 State's Attorney, or of the Attorney General if the action
2 has been instituted by his office, and upon notice to the
3 defendant, or at the time of arraignment or as a condition of
4 the postponement of arraignment, the court at any time may
5 enter such temporary order as may seem just, providing for
6 the support or maintenance of the spouse or child or children
7 of the defendant, or both, pendente lite.
8 The Court shall determine the amount of child support by
9 using the guidelines and standards set forth in subsection
10 (a) of Section 505 and in Section 505.2 of the Illinois
11 Marriage and Dissolution of Marriage Act.
12 The Court shall determine the amount of maintenance using
13 the standards set forth in Section 504 of the Illinois
14 Marriage and Dissolution of Marriage Act.
15 The court may for violation of any order under this
16 Section punish the offender as for a contempt of court, but
17 no pendente lite order shall remain in force for a longer
18 term than 4 months, or after the discharge of any panel of
19 jurors summoned for service thereafter in such court,
20 whichever is the sooner.
21 Any new or existing support order entered by the court
22 under this Section shall be deemed to be a series of
23 judgments against the person obligated to pay support
24 thereunder, each such judgment to be in the amount of each
25 payment or installment of support and each such judgment to
26 be deemed entered as of the date the corresponding payment or
27 installment becomes due under the terms of the support order.
28 Each such judgment shall have the full force, effect and
29 attributes of any other judgment of this State, including the
30 ability to be enforced. Any such judgment is subject to
31 modification or termination only in accordance with Section
32 510 of the Illinois Marriage and Dissolution of Marriage Act.
33 A lien arises by operation of law against the real and
34 personal property of the noncustodial parent for each
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1 installment of overdue support owed by the noncustodial
2 parent.
3 A one-time interest charge of 20% is imposable upon the
4 amount of past-due child support owed on July 1, 1988 which
5 has accrued under a support order entered by the court. The
6 charge shall be imposed in accordance with the provisions of
7 Section 10-21 of the Illinois Public Aid Code and shall be
8 enforced by the court upon petition.
9 All orders An order for support, when entered or
10 modified, in a case in which a party is receiving child and
11 spouse support services under Article X of the Illinois
12 Public Aid Code shall include a provision requiring the
13 non-custodial parent to notify the court and, in cases in
14 which a party is receiving child and spouse support services
15 under Article X of the Illinois Public Aid Code, the Illinois
16 Department of Public Aid, within 7 days, (i) of the name and
17 address of any new employer of the non-custodial parent, (ii)
18 whether the non-custodial parent has access to health
19 insurance coverage through the employer or other group
20 coverage, and, if so, the policy name and number and the
21 names of persons covered under the policy, and (iii) of any
22 new residential or mailing address or telephone number of the
23 non-custodial parent. In any subsequent action to enforce a
24 support order, upon a sufficient showing that a diligent
25 effort has been made to ascertain the location of the
26 non-custodial parent, service of process or provision of
27 notice necessary in the case may be made at the last known
28 address of the non-custodial parent in any manner expressly
29 provided by the Code of Civil Procedure or this Act, which
30 service shall be sufficient for purposes of due process.
31 An order for support shall include a date on which the
32 current support obligation terminates. The termination date
33 shall be no earlier than the date on which the child covered
34 by the order will attain the age of majority or is otherwise
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1 emancipated. The order for support shall state that the
2 termination date does not apply to any arrearage that may
3 remain unpaid on that date. Nothing in this paragraph shall
4 be construed to prevent the court from modifying the order.
5 (Source: P.A. 88-307.)
6 (750 ILCS 15/4.1) (from Ch. 40, par. 1107.1)
7 (Text of Section before amendment by P.A. 89-507)
8 Sec. 4.1. Withholding of Income to Secure Payment of
9 Support.
10 (A) Definitions.
11 (1) "Order for support" means any order of the court
12 which provides for periodic payment of funds for the support
13 of a child or maintenance of a spouse, whether temporary or
14 final, and includes any such order which provides for:
15 (a) Modification or resumption of, or payment of
16 arrearage accrued under, a previously existing order;
17 (b) Reimbursement of support; or
18 (c) Enrollment in a health insurance plan that is
19 available to the obligor through an employer or labor
20 union or trade union.
21 (2) "Arrearage" means the total amount of unpaid support
22 obligations.
23 (3) "Delinquency" means any payment under an order for
24 support which becomes due and remains unpaid after an order
25 for withholding has been entered under subsection (B) or, for
26 purposes of subsection (K), after the last order for support
27 was entered for which no order for withholding was entered.
28 (4) "Income" means any form of periodic payment to an
29 individual, regardless of source, including, but not limited
30 to: wages, salary, commission, compensation as an independent
31 contractor, workers' compensation, disability, annuity and
32 retirement benefits, lottery prize awards, insurance
33 proceeds, vacation pay, bonuses, profit-sharing payments and
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1 any other payments, made by any person, private entity,
2 federal or state government, any unit of local government,
3 school district or any entity created by Public Act; however,
4 "income" excludes:
5 (a) Any amounts required by law to be withheld,
6 other than creditor claims, including, but not limited
7 to, federal, State and local taxes, Social Security and
8 other retirement and disability contributions;
9 (b) Union dues;
10 (c) Any amounts exempted by the federal Consumer
11 Credit Protection Act;
12 (d) Public assistance payments; and
13 (e) Unemployment insurance benefits except as
14 provided by law.
15 Any other State or local laws which limit or exempt
16 income or the amount or percentage of income that can be
17 withheld shall not apply.
18 (5) "Obligor" means the individual who owes a duty to
19 make payments under an order for support.
20 (6) "Obligee" means the individual to whom a duty of
21 support is owed or the individual's legal representative.
22 (7) "Payor" means any payor of income to an obligor.
23 (8) "Public office" means any elected official or any
24 State or local agency which is or may become responsible by
25 law for enforcement of, or which is or may become authorized
26 to enforce, an order for support, including, but not limited
27 to: the Attorney General, the Illinois Department of Public
28 Aid, the Illinois Department of Mental Health and
29 Developmental Disabilities, the Illinois Department of
30 Children and Family Services, and the various State's
31 Attorneys, Clerks of the Circuit Court and supervisors of
32 general assistance.
33 (9) "Premium" means the dollar amount for which the
34 obligor is liable to his employer or labor union or trade
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1 union and which must be paid to enroll or maintain a child in
2 a health insurance plan that is available to the obligor
3 through an employer or labor union or trade union.
4 (B) Entry of an Order for Withholding.
5 (1) Upon entry of any order for support on or after
6 January 1, 1984, the court shall enter a separate order for
7 withholding which shall not take effect unless the obligor
8 becomes delinquent in paying the order for support or the
9 obligor requests an earlier effective date; except that the
10 court may require the order for withholding to take effect
11 immediately.
12 On or after January 1, 1989, the court shall require the
13 order for withholding to take effect immediately, unless a
14 written agreement is reached between and signed by both
15 parties providing for an alternative arrangement, approved
16 and entered into the record by the court, which insures
17 payment of support. In that case, the court shall enter the
18 order for withholding which will not take effect unless the
19 obligor becomes delinquent in paying the order for support.
20 Upon entry of any order of support on or after September
21 11, 1989, if the obligor is not a United States citizen, the
22 obligor shall provide to the court the obligor's alien
23 registration number, passport number, and home country's
24 social security or national health number, if applicable; the
25 court shall make the information part of the record in the
26 case.
27 (2) An order for withholding shall be entered upon
28 petition by the obligee or public office where an order for
29 withholding has not been previously entered.
30 (3) The order for withholding shall:
31 (a) Direct any payor to withhold a dollar amount
32 equal to the order for support; and
33 (b) Direct any payor to withhold an additional
34 dollar amount, not less than 20% of the order for
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1 support, until payment in full of any delinquency stated
2 in the notice of delinquency provided for in subsection
3 (C) or (F) of this Section; and
4 (c) Direct any payor or labor union or trade union
5 to enroll a child as a beneficiary of a health insurance
6 plan and withhold or cause to be withheld, if applicable,
7 any required premiums; and
8 (d) State the rights, remedies and duties of the
9 obligor under this Section; and
10 (e) Include the obligor's Social Security Number,
11 which the obligor shall disclose to the court; and
12 (f) Include the date that withholding for current
13 support terminates, which shall be the date of
14 termination of the current support obligation set forth
15 in the order for support.
16 (4) At the time the order for withholding is entered,
17 the Clerk of the Circuit Court shall provide a copy of the
18 order for withholding and the order for support to the
19 obligor and shall make copies available to the obligee and
20 public office. Any copy of the order for withholding
21 furnished to the parties under this subsection shall be
22 stamped "Not Valid".
23 (5) The order for withholding shall remain in effect for
24 as long as the order for support upon which it is based.
25 (6) The failure of an order for withholding to state an
26 arrearage is not conclusive of the issue of whether an
27 arrearage is owing.
28 (7) Notwithstanding the provisions of this subsection,
29 if the court finds at the time of any hearing that an
30 arrearage has accrued in an amount equal to at least one
31 month's support obligation or that the obligor is 30 days
32 late in paying all or part of the order for support, the
33 court shall order immediate service of the order for
34 withholding upon the payor.
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1 (8) Where the court has not required that the order for
2 withholding take effect immediately, the obligee or public
3 office may prepare and serve a notice for immediate
4 withholding upon the obligor by ordinary mail addressed to
5 the obligor at his or her last known address. The notice
6 shall state that the following circumstances have occurred:
7 (a) The parties' written agreement providing an
8 alternative arrangement to immediate withholding under
9 paragraph (1) of this subsection no longer provides for
10 timely payment of all support due; or
11 (b) The obligor has not made timely payments in
12 that the obligor has been at least 7 days late in paying
13 all or part of the order for support any of the last 6
14 consecutive dates payments were due prior to the date of
15 the notice for immediate withholding.
16 The notice for immediate withholding shall clearly state
17 that a specially certified copy of the order for withholding
18 will be sent to the payor, unless the obligor files a
19 petition contesting immediate withholding within 20 days
20 after service of the notice; however, the grounds for the
21 petition shall be limited to a dispute concerning whether the
22 circumstances stated in the notice have occurred or the
23 identity of the obligor. It shall not be grounds for the
24 petition that the obligor has made all payments due by the
25 date of the petition.
26 If the obligor files a petition contesting immediate
27 withholding within the 20-day period required under this
28 paragraph, the Clerk of the Circuit Court shall notify the
29 obligor and the obligee or public office, as appropriate, of
30 the time and place of the hearing on the petition. Upon
31 hearing the petition, the court shall enter an order granting
32 or denying relief. It shall not be grounds for granting the
33 obligor's petition that he or she has made all payments due
34 by the date of hearing. If the court denies the obligor's
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1 petition, it shall order immediate service of the order for
2 withholding, and direct the clerk to provide a specially
3 certified copy of the order for withholding to the obligee or
4 public office indicating that the requirements for immediate
5 withholding under this paragraph have been met.
6 If the obligor does not file a petition contesting
7 immediate withholding within the 20-day period, the obligee
8 or public office shall file with the Clerk of the Circuit
9 Court an affidavit, with a copy of the notice for immediate
10 withholding attached thereto, stating that the notice was
11 duly served and the date on which service was effected, and
12 that the obligor has not filed a petition contesting
13 immediate withholding. The clerk shall then provide to the
14 obligee or public office a specially certified copy of the
15 order for withholding indicating that the requirements for
16 immediate withholding under this paragraph have been met.
17 Upon receipt of a specially certified copy of the order
18 for withholding, the obligee or public office may serve the
19 order on the payor, its superintendent, manager or other
20 agent, by certified mail or personal delivery. A proof of
21 service shall be filed with the Clerk of the Circuit Court.
22 (C) Notice of Delinquency.
23 (1) Whenever an obligor becomes delinquent in payment of
24 an amount equal to at least one month's support obligation
25 pursuant to the order for support or is at least 30 days late
26 in complying with all or part of the order for support,
27 whichever occurs first, the obligee or public office may
28 prepare and serve a verified notice of delinquency, together
29 with a form petition to stay service, pursuant to paragraph
30 (3) of this subsection.
31 (2) The notice of delinquency shall recite the terms of
32 the order for support and contain a computation of the period
33 and total amount of the delinquency, as of the date of the
34 notice. The notice shall clearly state that it will be sent
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1 to the payor, together with a specially certified copy of the
2 order for withholding, except as provided in subsection (F),
3 unless the obligor files a petition to stay service in
4 accordance with paragraph (1) of subsection (D).
5 (3) The notice of delinquency shall be served by
6 ordinary mail addressed to the obligor at his or her last
7 known address.
8 (4) The obligor may execute a written waiver of the
9 provisions of paragraphs (1) through (3) of this subsection
10 and request immediate service upon the payor.
11 (D) Procedures to Avoid Income Withholding.
12 (1) Except as provided in subsection (F), the obligor
13 may prevent an order for withholding from being served by
14 filing a petition to stay service with the Clerk of the
15 Circuit Court, within 20 days after service of the notice of
16 delinquency; however, the grounds for the petition to stay
17 service shall be limited to:
18 (a) A dispute concerning the amount of current
19 support or the existence or amount of the delinquency;
20 (b) The identity of the obligor.
21 The Clerk of the Circuit Court shall notify the obligor
22 and the obligee or public office, as appropriate, of the time
23 and place of the hearing on the petition to stay service. The
24 court shall hold such hearing pursuant to the provisions of
25 subsection (H).
26 (2) Except as provided in subsection (F), filing of a
27 petition to stay service, within the 20-day period required
28 under this subsection, shall prohibit the obligee or public
29 office from serving the order for withholding on any payor of
30 the obligor.
31 (E) Initial Service of Order for Withholding.
32 (1) Except as provided in subsection (F), in order to
33 serve an order for withholding upon a payor, an obligee or
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1 public office shall follow the procedures set forth in this
2 subsection. After 20 days following service of the notice of
3 delinquency, the obligee or public office shall file with the
4 Clerk of the Circuit Court an affidavit, with the copy of the
5 notice of delinquency attached thereto, stating:
6 (a) that the notice of delinquency has been duly
7 served and the date on which service was effected; and
8 (b) that the obligor has not filed a petition to
9 stay service, or in the alternative
10 (c) that the obligor has waived the provisions of
11 subparagraphs (a) and (b) of this paragraph (1) in
12 accordance with subsection (C)(4).
13 (2) Upon request of the obligee or public office, the
14 Clerk of the Circuit Court shall: (a) make available any
15 record of payment; and (b) determine that the file contains a
16 copy of the affidavit described in paragraph (1). The Clerk
17 shall then provide to the obligee or public office a
18 specially certified copy of the order for withholding and the
19 notice of delinquency indicating that the preconditions for
20 service have been met.
21 (3) The obligee or public office may then serve the
22 notice of delinquency and order for withholding on the payor,
23 its superintendent, manager or other agent, by certified mail
24 or personal delivery. A proof of service shall be filed with
25 the Clerk of the Circuit Court.
26 (F) Subsequent Service of Order for Withholding.
27 (1) Notwithstanding the provisions of this Section, at
28 any time after the court has ordered immediate service of an
29 order for withholding or after initial service of an order
30 for withholding pursuant to subsection (E), the obligee or
31 public office may serve the order for withholding upon any
32 payor of the obligor without further notice to the obligor.
33 The obligee or public office shall provide notice to the
34 payor, pursuant to paragraph (6) of subsection (I), of any
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1 payments that have been made through previous withholding or
2 any other method.
3 (2) The Clerk of the Circuit Court shall, upon request,
4 provide the obligee or public office with specially certified
5 copies of the order for withholding or the notice of
6 delinquency or both whenever the Court has ordered immediate
7 service of an order for withholding or an affidavit has been
8 placed in the court file indicating that the preconditions
9 for service have been previously met. The obligee or public
10 office may then serve the order for withholding on the payor,
11 its superintendent, manager or other agent by certified mail
12 or personal delivery. A proof of service shall be filed with
13 the Clerk of the Circuit Court.
14 (3) If a delinquency has accrued for any reason, the
15 obligee or public office may serve a notice of delinquency
16 upon the obligor pursuant to subsection (C). The obligor may
17 prevent the notice of delinquency from being served upon the
18 payor by utilizing the procedures set forth in subsection
19 (D).
20 If no petition to stay service has been filed within the
21 required 20 day time period, the obligee or public office may
22 serve the notice of delinquency on the payor by utilizing the
23 procedures for service set forth in subsection (E).
24 (G) Duties of Payor.
25 (1) It shall be the duty of any payor who has been
26 served with a copy of the specially certified order for
27 withholding and any notice of delinquency to deduct and pay
28 over income as provided in this subsection. The payor shall
29 deduct the amount designated in the order for withholding, as
30 supplemented by the notice of delinquency and any notice
31 provided pursuant to paragraph (6) of subsection (I),
32 beginning no later than the next payment of income which is
33 payable to the obligor that occurs 14 days following the date
34 the order and any notice were mailed by certified mail or
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1 placed for personal delivery. The payor may combine all
2 amounts withheld for the benefit of an obligee or public
3 office into a single payment and transmit the payment with a
4 listing of obligors from whom withholding has been effected.
5 The payor shall pay the amount withheld to the obligee or
6 public office within 10 calendar days of the date income is
7 paid to the obligor in accordance with the order for
8 withholding and any subsequent notification received from the
9 public office redirecting payments. If the payor knowingly
10 fails to pay any amount withheld to the obligee or public
11 office within 10 calendar days of the date income is paid to
12 the obligor, the payor shall pay a penalty of $100 for each
13 day that the withheld amount is not paid to the obligee or
14 public office after the period of 10 calendar days has
15 expired. The failure of a payor, on more than one occasion,
16 to pay amounts withheld to the obligee or public office
17 within 10 calendar days of the date income is paid to the
18 obligor creates a presumption that the payor knowingly failed
19 to pay the amounts. This penalty may be collected in a civil
20 action which may be brought against the payor in favor of the
21 obligee. For purposes of this Section, a withheld amount
22 shall be considered paid by a payor on the date it is mailed
23 by the payor, or on the date an electronic funds transfer of
24 the amount has been initiated by the payor, or on the date
25 delivery of the amount has been initiated by the payor. For
26 each deduction, the payor shall provide the obligee or public
27 office, at the time of transmittal, with the date income was
28 paid from which support was withheld.
29 Upon receipt of an order requiring that a minor child be
30 named as a beneficiary of a health insurance plan available
31 through an employer or labor union or trade union, the
32 employer or labor union or trade union shall immediately
33 enroll the minor child as a beneficiary in the health
34 insurance plan designated by the court order. The employer
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1 shall withhold any required premiums and pay over any amounts
2 so withheld and any additional amounts the employer pays to
3 the insurance carrier in a timely manner. The employer or
4 labor union or trade union shall mail to the obligee, within
5 15 days of enrollment or upon request, notice of the date of
6 coverage, information on the dependent coverage plan, and all
7 forms necessary to obtain reimbursement for covered health
8 expenses, such as would be made available to a new employee.
9 When an order for dependent coverage is in effect and the
10 insurance coverage is terminated or changed for any reason,
11 the employer or labor union or trade union shall notify the
12 obligee within 10 days of the termination or change date
13 along with notice of conversion privileges.
14 For withholding of income, the payor shall be entitled to
15 receive a fee not to exceed $5 per month or the actual check
16 processing cost to be taken from the income to be paid to the
17 obligor.
18 (2) Whenever the obligor is no longer receiving income
19 from the payor, the payor shall return a copy of the order
20 for withholding to the obligee or public office and shall
21 provide information for the purpose of enforcing this
22 Section.
23 (3) Withholding of income under this Section shall be
24 made without regard to any prior or subsequent garnishments,
25 attachments, wage assignments, or any other claims of
26 creditors. Withholding of income under this Section shall
27 not be in excess of the maximum amounts permitted under the
28 federal Consumer Credit Protection Act. If the payor has been
29 served with more than one order for withholding pertaining to
30 the same obligor, the payor shall allocate income available
31 for withholding on a proportionate share basis, giving
32 priority to current support payments. If there is any income
33 available for withholding after withholding for all current
34 support obligations, the payor shall allocate the income to
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1 past due support payments ordered in non-AFDC matters and
2 then to past due support payments ordered in AFDC matters,
3 both on a proportionate share basis. Payment as required by
4 the order for withholding shall be a complete defense by the
5 payor against any claims of the obligor or his creditors as
6 to the sum so paid.
7 (4) No payor shall discharge, discipline, refuse to hire
8 or otherwise penalize any obligor because of the duty to
9 withhold income.
10 (H) Petitions to Stay Service or to Modify, Suspend or
11 Terminate Orders for Withholding.
12 (1) When an obligor files a petition to stay service,
13 the court, after due notice to all parties, shall hear the
14 matter as soon as practicable and shall enter an order
15 granting or denying relief, amending the notice of
16 delinquency, amending the order for withholding, where
17 applicable, or otherwise resolving the matter. If the court
18 finds that a delinquency existed when the notice of
19 delinquency was served upon the obligor, in an amount of at
20 least one month's support obligation, or that the obligor was
21 at least 30 days late in paying all or part of the order for
22 support, the court shall order immediate service of the order
23 for withholding. Where the court cannot promptly resolve any
24 dispute over the amount of the delinquency, the court may
25 order immediate service of the order for withholding as to
26 any undisputed amounts specified in an amended notice of
27 delinquency, and may continue the hearing on the disputed
28 amounts.
29 (2) At any time, an obligor, obligee, public office or
30 Clerk of the Circuit Court may petition the court to:
31 (a) Modify, suspend or terminate the order for
32 withholding because of a modification, suspension or
33 termination of the underlying order for support; or
34 (b) Modify the amount of income to be withheld to
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1 reflect payment in full or in part of the delinquency or
2 arrearage by income withholding or otherwise; or
3 (c) Suspend the order for withholding because of
4 inability to deliver income withheld to the obligee due
5 to the obligee's failure to provide a mailing address or
6 other means of delivery.
7 (3) The obligor, obligee or public office shall serve on
8 the payor, by certified mail or personal delivery, a copy of
9 any order entered pursuant to this subsection that affects
10 the duties of the payor.
11 (4) At any time, a public office or Clerk of the Circuit
12 Court may serve a notice on the payor to:
13 (a) cease withholding of income for payment of
14 current support for a child when the support obligation
15 for that child has automatically ceased under the order
16 for support through emancipation or otherwise; or
17 (b) cease withholding of income for payment of
18 delinquency or arrearage when the delinquency or
19 arrearage has been paid in full.
20 (5) The notice provided for under paragraph (4) of this
21 subsection shall be served on the payor by ordinary mail, and
22 a copy shall be provided to the obligor and the obligee. A
23 copy of the notice shall be filed with the Clerk of the
24 Circuit Court.
25 (6) The order for withholding shall continue to be
26 binding upon the payor until service of any order of the
27 court or notice entered or provided for under this
28 subsection.
29 (I) Additional Duties.
30 (1) An obligee who is receiving income withholding
31 payments under this Section shall notify the payor, if the
32 obligee receives the payments directly from the payor, or the
33 public office or the Clerk of the Circuit Court, as
34 appropriate, of any change of address within 7 days of such
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1 change.
2 (2) An obligee who is a recipient of public aid shall
3 send a copy of any notice of delinquency filed pursuant to
4 subsection (C) to the Bureau of Child Support of the Illinois
5 Department of Public Aid.
6 (3) Each obligor shall notify the obligee and the Clerk
7 of the Circuit Court of any change of address within 7 days.
8 (4) An obligor whose income is being withheld or who has
9 been served with a notice of delinquency pursuant to this
10 Section shall notify the obligee and the Clerk of the Circuit
11 Court of any new payor, within 7 days.
12 (5) When the Illinois Department of Public Aid is no
13 longer authorized to receive payments for the obligee, it
14 shall, within 7 days, notify the payor or, where appropriate,
15 the Clerk of the Circuit Court, to redirect income
16 withholding payments to the obligee.
17 (6) The obligee or public office shall provide notice to
18 the payor and Clerk of the Circuit Court of any other support
19 payment made, including but not limited to, a set-off under
20 federal and State law or partial payment of the delinquency
21 or arrearage, or both.
22 (7) Any public office and Clerk of the Circuit Court
23 which collects, disburses or receives payments pursuant to
24 orders for withholding shall maintain complete, accurate, and
25 clear records of all payments and their disbursements.
26 Certified copies of payment records maintained by a public
27 office or Clerk of the Circuit Court shall, without further
28 proof, be admitted into evidence in any legal proceedings
29 under this Section.
30 (8) The Illinois Department of Public Aid shall design
31 suggested legal forms for proceeding under this Section and
32 shall make available to the courts such forms and
33 informational materials which describe the procedures and
34 remedies set forth herein for distribution to all parties in
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1 support actions.
2 (9) At the time of transmitting each support payment,
3 the clerk of the circuit court shall provide the obligee or
4 public office, as appropriate, with any information furnished
5 by the payor as to the date income was paid from which such
6 support was withheld.
7 (J) Penalties.
8 (1) Where a payor wilfully fails to withhold or pay over
9 income pursuant to a properly served, specially certified
10 order for withholding and any notice of delinquency, or
11 wilfully discharges, disciplines, refuses to hire or
12 otherwise penalizes an obligor as prohibited by subsection
13 (G), or otherwise fails to comply with any duties imposed by
14 this Section, the obligee, public office or obligor, as
15 appropriate, may file a complaint with the court against the
16 payor. The clerk of the circuit court shall notify the
17 obligee or public office, as appropriate, and the obligor and
18 payor of the time and place of the hearing on the complaint.
19 The court shall resolve any factual dispute including, but
20 not limited to, a denial that the payor is paying or has paid
21 income to the obligor. Upon a finding in favor of the
22 complaining party, the court:
23 (a) Shall enter judgment and direct the enforcement
24 thereof for the total amount that the payor wilfully
25 failed to withhold or pay over; and
26 (b) May order employment or reinstatement of or
27 restitution to the obligor, or both, where the obligor
28 has been discharged, disciplined, denied employment or
29 otherwise penalized by the payor and may impose a fine
30 upon the payor not to exceed $200.
31 (2) Any obligee, public office or obligor who wilfully
32 initiates a false proceeding under this Section or who
33 wilfully fails to comply with the requirements of this
34 Section shall be punished as in cases of contempt of court.
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1 (K) Alternative Procedures for Entry and Service of an Order
2 for Withholding.
3 (1) Effective January 1, 1987, in any matter in which an
4 order for withholding has not been entered for any reason,
5 based upon the last order for support that has been entered,
6 and in which the obligor has become delinquent in payment of
7 an amount equal to at least one month's support obligation
8 pursuant to the last order for support or is at least 30 days
9 late in complying with all or part of the order for support,
10 the obligee or public office may prepare and serve an order
11 for withholding pursuant to the procedures set forth in this
12 subsection.
13 (2) The obligee or public office shall:
14 (a) Prepare a proposed order for withholding for
15 immediate service as provided by paragraphs (1) and (3)
16 of subsection (B), except that the minimum 20%
17 delinquency payment shall be used;
18 (b) Prepare a notice of delinquency as provided by
19 paragraphs (1) and (2) of subsection (C), except the
20 notice shall state further that the order for withholding
21 has not been entered by the court and the conditions
22 under which the order will be entered; and
23 (c) Serve the notice of delinquency and form
24 petition to stay service as provided by paragraph (3) of
25 subsection (C), together with the proposed order for
26 withholding, which shall be marked "COPY ONLY".
27 (3) After 20 days following service of the notice of
28 delinquency and proposed order for withholding, in lieu of
29 the provisions of subsection (E), the obligee or public
30 office shall file with the Clerk of the Circuit Court an
31 affidavit, with a copy of the notice of delinquency and
32 proposed order for withholding attached thereto, stating
33 that:
34 (a) The notice of delinquency and proposed order
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1 for withholding have been served upon the obligor and the
2 date on which service was effected;
3 (b) The obligor has not filed a petition to stay
4 service within 20 days of service of such notice and
5 order; and
6 (c) The proposed order for withholding accurately
7 states the terms and amounts contained in the last order
8 for support.
9 (4) Upon the court's satisfaction that the procedures
10 set forth in this subsection have been met, it shall enter
11 the order for withholding.
12 (5) The Clerk shall then provide to the obligee or
13 public office a specially certified copy of the order for
14 withholding and the notice of delinquency indicating that the
15 preconditions for service have been met.
16 (6) The obligee or public office shall serve the
17 specially certified copies of the order for withholding and
18 the notice of delinquency on the payor, its superintendent,
19 manager or other agent by certified mail or personal
20 delivery. A proof of service shall be filed with the Clerk
21 of the Circuit Court.
22 (7) If the obligor requests in writing that income
23 withholding become effective prior to becoming delinquent in
24 payment of an amount equal to one month's support obligation
25 pursuant to the last order for support, or prior to becoming
26 30 days late in paying all or part of the order for support,
27 the obligee or public office shall file an affidavit with the
28 Clerk of the circuit Court, with a proposed order for
29 withholding attached, stating that the proposed order
30 accurately states the terms and amounts contained in the last
31 order for support and the obligor's request for immediate
32 service. The provisions of paragraphs (4) through (6) of this
33 subsection shall apply, except that a notice of delinquency
34 shall not be required.
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1 (8) All other provisions of this Section shall be
2 applicable with respect to the provisions of this subsection
3 (K), except that under paragraph (1) of subsection (H), the
4 court may also amend the proposed order for withholding to
5 conform to the last order for support.
6 (9) Nothing in this subsection shall be construed as
7 limiting the requirements of paragraph (1) of subsection (B)
8 with respect to the entry of a separate order for withholding
9 upon entry of any order for support.
10 (L) Remedies in Addition to Other Laws.
11 (1) The rights, remedies, duties and penalties created
12 by this Section are in addition to and not in substitution
13 for any other rights, remedies, duties and penalties created
14 by any other law.
15 (2) Nothing in this Section shall be construed as
16 invalidating any assignment of wages or benefits executed
17 prior to January 1, 1984.
18 (Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
19 88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
20 (Text of Section after amendment by P.A. 89-507)
21 Sec. 4.1. Withholding of Income to Secure Payment of
22 Support.
23 (A) Definitions.
24 (1) "Order for support" means any order of the court
25 which provides for periodic payment of funds for the support
26 of a child or maintenance of a spouse, whether temporary or
27 final, and includes any such order which provides for:
28 (a) Modification or resumption of, or payment of
29 arrearage accrued under, a previously existing order;
30 (b) Reimbursement of support; or
31 (c) Enrollment in a health insurance plan that is
32 available to the obligor through an employer or labor
33 union or trade union.
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1 (2) "Arrearage" means the total amount of unpaid support
2 obligations as determined by the court and incorporated into
3 an order for support.
4 (3) "Delinquency" means any payment under an order for
5 support which becomes due and remains unpaid after entry of
6 the an order for support withholding has been entered under
7 subsection (B) or, for purposes of subsection (K), after the
8 last order for support was entered for which no order for
9 withholding was entered.
10 (4) "Income" means any form of periodic payment to an
11 individual, regardless of source, including, but not limited
12 to: wages, salary, commission, compensation as an independent
13 contractor, workers' compensation, disability, annuity,
14 pension, and retirement benefits, lottery prize awards,
15 insurance proceeds, vacation pay, bonuses, profit-sharing
16 payments, interest, and any other payments, made by any
17 person, private entity, federal or state government, any unit
18 of local government, school district or any entity created by
19 Public Act; however, "income" excludes:
20 (a) Any amounts required by law to be withheld,
21 other than creditor claims, including, but not limited
22 to, federal, State and local taxes, Social Security and
23 other retirement and disability contributions;
24 (b) Union dues;
25 (c) Any amounts exempted by the federal Consumer
26 Credit Protection Act;
27 (d) Public assistance payments; and
28 (e) Unemployment insurance benefits except as
29 provided by law.
30 Any other State or local laws which limit or exempt
31 income or the amount or percentage of income that can be
32 withheld shall not apply.
33 (5) "Obligor" means the individual who owes a duty to
34 make payments under an order for support.
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1 (6) "Obligee" means the individual to whom a duty of
2 support is owed or the individual's legal representative.
3 (7) "Payor" means any payor of income to an obligor.
4 (8) "Public office" means any elected official or any
5 State or local agency which is or may become responsible by
6 law for enforcement of, or which is or may become authorized
7 to enforce, an order for support, including, but not limited
8 to: the Attorney General, the Illinois Department of Public
9 Aid, the Illinois Department of Human Services, the Illinois
10 Department of Children and Family Services, and the various
11 State's Attorneys, Clerks of the Circuit Court and
12 supervisors of general assistance.
13 (9) "Premium" means the dollar amount for which the
14 obligor is liable to his employer or labor union or trade
15 union and which must be paid to enroll or maintain a child in
16 a health insurance plan that is available to the obligor
17 through an employer or labor union or trade union.
18 (B) Entry of Order for Support Containing Income Withholding
19 Provisions; Income Withholding Notice.
20 (1) In addition to any content required under other
21 laws, every order for support entered on or after July 1,
22 1997, shall:
23 (a) Require an income withholding notice to be
24 prepared and served immediately upon any payor of the
25 obligor by the obligee or public office, unless a written
26 agreement is reached between and signed by both parties
27 providing for an alternative arrangement, approved and
28 entered into the record by the court, which ensures
29 payment of support. In that case, the order for support
30 shall provide that an income withholding notice is to be
31 prepared and served only if the obligor becomes
32 delinquent in paying the order for support; and
33 (b) Contain a dollar amount to be paid until
34 payment in full of any delinquency that accrues after
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1 entry of the order for support. The amount for payment
2 of delinquency shall not be less than 20% of the total of
3 the current support amount and the amount to be paid
4 periodically for payment of any arrearage stated in the
5 order for support; and
6 (c) Include the obligor's Social Security Number,
7 which the obligor shall disclose to the court. If the
8 obligor is not a United States citizen, the obligor shall
9 disclose to the court, and the court shall include in the
10 order for support, the obligor's alien registration
11 number, passport number, and home country's social
12 security or national health number, if applicable.
13 (2) At the time the order for support is entered, the
14 Clerk of the Circuit Court shall provide a copy of the order
15 to the obligor and shall make copies available to the obligee
16 and public office.
17 (3) The income withholding notice shall:
18 (a) Be in the standard format prescribed by the
19 federal Department of Health and Human Services; and
20 (b) Direct any payor to withhold the dollar amount
21 required for current support under the order for support;
22 and
23 (c) Direct any payor to withhold the dollar amount
24 required to be paid periodically under the order for
25 support for payment of the amount of any arrearage stated
26 in the order for support; and
27 (d) Direct any payor or labor union or trade union
28 to enroll a child as a beneficiary of a health insurance
29 plan and withhold or cause to be withheld, if applicable,
30 any required premiums; and
31 (e) State the amount of the payor income
32 withholding fee specified under this Section; and
33 (f) State that the amount actually withheld from
34 the obligor's income for support and other purposes,
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1 including the payor withholding fee specified under this
2 Section, may not be in excess of the maximum amount
3 permitted under the federal Consumer Credit Protection
4 Act; and
5 (g) State the duties of the payor and the fines and
6 penalties for failure to withhold and pay over income and
7 for discharging, disciplining, refusing to hire, or
8 otherwise penalizing the obligor because of the duty to
9 withhold and pay over income under this Section; and
10 (h) State the rights, remedies, and duties of the
11 obligor under this Section; and
12 (i) Include the obligor's Social Security Number;
13 and
14 (j) Include the date that withholding for current
15 support terminates, which shall be the date of
16 termination of the current support obligation set forth
17 in the order for support.
18 (4) The accrual of a delinquency as a condition for
19 service of an income withholding notice, under the exception
20 to immediate withholding in paragraph (1) of this subsection,
21 shall apply only to the initial service of an income
22 withholding notice on a payor of the obligor.
23 (5) Notwithstanding the exception to immediate
24 withholding contained in paragraph (1) of this subsection, if
25 the court finds at the time of any hearing that an arrearage
26 has accrued, the court shall order immediate service of an
27 income withholding notice upon the payor.
28 (6) If the order for support, under the exception to
29 immediate withholding contained in paragraph (1) of this
30 subsection, provides that an income withholding notice is to
31 be prepared and served only if the obligor becomes delinquent
32 in paying the order for support, the obligor may execute a
33 written waiver of that condition and request immediate
34 service on the payor.
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1 (7) The obligee or public office may serve the income
2 withholding notice on the payor or its superintendent,
3 manager, or other agent by ordinary mail or certified mail
4 return receipt requested, by facsimile transmission or other
5 electronic means, by personal delivery, or by any method
6 provided by law for service of a summons. At the time of
7 service on the payor and as notice that withholding has
8 commenced, the obligee or public office shall serve a copy of
9 the income withholding notice on the obligor by ordinary mail
10 addressed to his or her last known address. Proofs of
11 service on the payor and the obligor shall be filed with the
12 Clerk of the Circuit Court.
13 (8) At any time after the initial service of an income
14 withholding notice under this Section, any other payor of the
15 obligor may be served with the same income withholding notice
16 without further notice to the obligor.
17 (C) Income Withholding After Accrual of Delinquency.
18 (1) Whenever an obligor accrues a delinquency, the
19 obligee or public office may prepare and serve upon the
20 obligor's payor an income withholding notice that:
21 (a) Contains the information required under
22 paragraph (3) of subsection (B); and
23 (b) Contains a computation of the period and total
24 amount of the delinquency as of the date of the notice;
25 and
26 (c) Directs the payor to withhold the dollar amount
27 required to be withheld periodically under the order for
28 support for payment of the delinquency.
29 (2) The income withholding notice and the obligor's copy
30 of the income withholding notice shall be served as provided
31 in paragraph (7) of subsection (B).
32 (3) The obligor may contest withholding commenced under
33 this subsection by filing a petition to contest withholding
34 with the Clerk of the Circuit Court within 20 days after
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1 service of a copy of the income withholding notice on the
2 obligor. However, the grounds for the petition to contest
3 withholding shall be limited to:
4 (a) A dispute concerning the existence or amount of
5 the delinquency; or
6 (b) The identity of the obligor.
7 The Clerk of the Circuit Court shall notify the obligor
8 and the obligee or public office of the time and place of the
9 hearing on the petition to contest withholding. The court
10 shall hold the hearing pursuant to the provisions of
11 subsection (F).
12 (D) Initiated Withholding.
13 (1) Notwithstanding any other provision of this Section,
14 if the court has not required that income withholding take
15 effect immediately, the obligee or public office may initiate
16 withholding, regardless of whether a delinquency has accrued,
17 by preparing and serving an income withholding notice on the
18 payor that contains the information required under paragraph
19 (3) of subsection (B) and states that the parties' written
20 agreement providing an alternative arrangement to immediate
21 withholding under paragraph (1) of subsection (B) no longer
22 ensures payment of support and the reason or reasons why it
23 does not.
24 (2) The income withholding notice and the obligor's copy
25 of the income withholding notice shall be served as provided
26 in paragraph (7) of subsection (B).
27 (3) The obligor may contest withholding commenced under
28 this subsection by filing a petition to contest withholding
29 with the Clerk of the Circuit Court within 20 days after
30 service of a copy of the income withholding notice on the
31 obligor. However, the grounds for the petition shall be
32 limited to a dispute concerning:
33 (a) whether the parties' written agreement providing
34 an alternative arrangement to immediate withholding under
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1 paragraph (1) of subsection (B) continues to ensure
2 payment of support; or
3 (b) the identity of the obligor.
4 It shall not be grounds for filing a petition that the
5 obligor has made all payments due by the date of the
6 petition.
7 (4) If the obligor files a petition contesting
8 withholding within the 20-day period required under paragraph
9 (3), the Clerk of the Circuit Court shall notify the obligor
10 and the obligee or public office, as appropriate, of the time
11 and place of the hearing on the petition. The court shall
12 hold the hearing pursuant to the provisions of subsection
13 (F).
14 (B) Entry of an Order for Withholding.
15 (1) Upon entry of any order for support on or after
16 January 1, 1984, the court shall enter a separate order for
17 withholding which shall not take effect unless the obligor
18 becomes delinquent in paying the order for support or the
19 obligor requests an earlier effective date; except that the
20 court may require the order for withholding to take effect
21 immediately.
22 On or after January 1, 1989, the court shall require the
23 order for withholding to take effect immediately, unless a
24 written agreement is reached between and signed by both
25 parties providing for an alternative arrangement, approved
26 and entered into the record by the court, which insures
27 payment of support. In that case, the court shall enter the
28 order for withholding which will not take effect unless the
29 obligor becomes delinquent in paying the order for support.
30 Upon entry of any order of support on or after September
31 11, 1989, if the obligor is not a United States citizen, the
32 obligor shall provide to the court the obligor's alien
33 registration number, passport number, and home country's
34 social security or national health number, if applicable; the
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1 court shall make the information part of the record in the
2 case.
3 (2) An order for withholding shall be entered upon
4 petition by the obligee or public office where an order for
5 withholding has not been previously entered.
6 (3) The order for withholding shall:
7 (a) Direct any payor to withhold a dollar amount
8 equal to the order for support; and
9 (b) Direct any payor to withhold an additional
10 dollar amount, not less than 20% of the order for
11 support, until payment in full of any delinquency stated
12 in the notice of delinquency provided for in subsection
13 (C) or (F) of this Section; and
14 (c) Direct any payor or labor union or trade union
15 to enroll a child as a beneficiary of a health insurance
16 plan and withhold or cause to be withheld, if applicable,
17 any required premiums; and
18 (d) State the rights, remedies and duties of the
19 obligor under this Section; and
20 (e) Include the obligor's Social Security Number,
21 which the obligor shall disclose to the court; and
22 (f) Include the date that withholding for current
23 support terminates, which shall be the date of
24 termination of the current support obligation set forth
25 in the order for support.
26 (4) At the time the order for withholding is entered,
27 the Clerk of the Circuit Court shall provide a copy of the
28 order for withholding and the order for support to the
29 obligor and shall make copies available to the obligee and
30 public office. Any copy of the order for withholding
31 furnished to the parties under this subsection shall be
32 stamped "Not Valid".
33 (5) The order for withholding shall remain in effect for
34 as long as the order for support upon which it is based.
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1 (6) The failure of an order for withholding to state an
2 arrearage is not conclusive of the issue of whether an
3 arrearage is owing.
4 (7) Notwithstanding the provisions of this subsection,
5 if the court finds at the time of any hearing that an
6 arrearage has accrued in an amount equal to at least one
7 month's support obligation or that the obligor is 30 days
8 late in paying all or part of the order for support, the
9 court shall order immediate service of the order for
10 withholding upon the payor.
11 (8) Where the court has not required that the order for
12 withholding take effect immediately, the obligee or public
13 office may prepare and serve a notice for immediate
14 withholding upon the obligor by ordinary mail addressed to
15 the obligor at his or her last known address. The notice
16 shall state that the following circumstances have occurred:
17 (a) The parties' written agreement providing an
18 alternative arrangement to immediate withholding under
19 paragraph (1) of this subsection no longer provides for
20 timely payment of all support due; or
21 (b) The obligor has not made timely payments in
22 that the obligor has been at least 7 days late in paying
23 all or part of the order for support any of the last 6
24 consecutive dates payments were due prior to the date of
25 the notice for immediate withholding.
26 The notice for immediate withholding shall clearly state
27 that a specially certified copy of the order for withholding
28 will be sent to the payor, unless the obligor files a
29 petition contesting immediate withholding within 20 days
30 after service of the notice; however, the grounds for the
31 petition shall be limited to a dispute concerning whether the
32 circumstances stated in the notice have occurred or the
33 identity of the obligor. It shall not be grounds for the
34 petition that the obligor has made all payments due by the
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1 date of the petition.
2 If the obligor files a petition contesting immediate
3 withholding within the 20-day period required under this
4 paragraph, the Clerk of the Circuit Court shall notify the
5 obligor and the obligee or public office, as appropriate, of
6 the time and place of the hearing on the petition. Upon
7 hearing the petition, the court shall enter an order granting
8 or denying relief. It shall not be grounds for granting the
9 obligor's petition that he or she has made all payments due
10 by the date of hearing. If the court denies the obligor's
11 petition, it shall order immediate service of the order for
12 withholding, and direct the clerk to provide a specially
13 certified copy of the order for withholding to the obligee or
14 public office indicating that the requirements for immediate
15 withholding under this paragraph have been met.
16 If the obligor does not file a petition contesting
17 immediate withholding within the 20-day period, the obligee
18 or public office shall file with the Clerk of the Circuit
19 Court an affidavit, with a copy of the notice for immediate
20 withholding attached thereto, stating that the notice was
21 duly served and the date on which service was effected, and
22 that the obligor has not filed a petition contesting
23 immediate withholding. The clerk shall then provide to the
24 obligee or public office a specially certified copy of the
25 order for withholding indicating that the requirements for
26 immediate withholding under this paragraph have been met.
27 Upon receipt of a specially certified copy of the order
28 for withholding, the obligee or public office may serve the
29 order on the payor, its superintendent, manager or other
30 agent, by certified mail or personal delivery. A proof of
31 service shall be filed with the Clerk of the Circuit Court.
32 (C) Notice of Delinquency.
33 (1) Whenever an obligor becomes delinquent in payment of
34 an amount equal to at least one month's support obligation
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1 pursuant to the order for support or is at least 30 days late
2 in complying with all or part of the order for support,
3 whichever occurs first, the obligee or public office may
4 prepare and serve a verified notice of delinquency, together
5 with a form petition to stay service, pursuant to paragraph
6 (3) of this subsection.
7 (2) The notice of delinquency shall recite the terms of
8 the order for support and contain a computation of the period
9 and total amount of the delinquency, as of the date of the
10 notice. The notice shall clearly state that it will be sent
11 to the payor, together with a specially certified copy of the
12 order for withholding, except as provided in subsection (F),
13 unless the obligor files a petition to stay service in
14 accordance with paragraph (1) of subsection (D).
15 (3) The notice of delinquency shall be served by
16 ordinary mail addressed to the obligor at his or her last
17 known address.
18 (4) The obligor may execute a written waiver of the
19 provisions of paragraphs (1) through (3) of this subsection
20 and request immediate service upon the payor.
21 (D) Procedures to Avoid Income Withholding.
22 (1) Except as provided in subsection (F), the obligor
23 may prevent an order for withholding from being served by
24 filing a petition to stay service with the Clerk of the
25 Circuit Court, within 20 days after service of the notice of
26 delinquency; however, the grounds for the petition to stay
27 service shall be limited to:
28 (a) A dispute concerning the amount of current
29 support or the existence or amount of the delinquency;
30 (b) The identity of the obligor.
31 The Clerk of the Circuit Court shall notify the obligor
32 and the obligee or public office, as appropriate, of the time
33 and place of the hearing on the petition to stay service. The
34 court shall hold such hearing pursuant to the provisions of
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1 subsection (H).
2 (2) Except as provided in subsection (F), filing of a
3 petition to stay service, within the 20-day period required
4 under this subsection, shall prohibit the obligee or public
5 office from serving the order for withholding on any payor of
6 the obligor.
7 (E) Initial Service of Order for Withholding.
8 (1) Except as provided in subsection (F), in order to
9 serve an order for withholding upon a payor, an obligee or
10 public office shall follow the procedures set forth in this
11 subsection. After 20 days following service of the notice of
12 delinquency, the obligee or public office shall file with the
13 Clerk of the Circuit Court an affidavit, with the copy of the
14 notice of delinquency attached thereto, stating:
15 (a) that the notice of delinquency has been duly
16 served and the date on which service was effected; and
17 (b) that the obligor has not filed a petition to
18 stay service, or in the alternative
19 (c) that the obligor has waived the provisions of
20 subparagraphs (a) and (b) of this paragraph (1) in
21 accordance with subsection (C)(4).
22 (2) Upon request of the obligee or public office, the
23 Clerk of the Circuit Court shall: (a) make available any
24 record of payment; and (b) determine that the file contains a
25 copy of the affidavit described in paragraph (1). The Clerk
26 shall then provide to the obligee or public office a
27 specially certified copy of the order for withholding and the
28 notice of delinquency indicating that the preconditions for
29 service have been met.
30 (3) The obligee or public office may then serve the
31 notice of delinquency and order for withholding on the payor,
32 its superintendent, manager or other agent, by certified mail
33 or personal delivery. A proof of service shall be filed with
34 the Clerk of the Circuit Court.
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1 (F) Subsequent Service of Order for Withholding.
2 (1) Notwithstanding the provisions of this Section, at
3 any time after the court has ordered immediate service of an
4 order for withholding or after initial service of an order
5 for withholding pursuant to subsection (E), the obligee or
6 public office may serve the order for withholding upon any
7 payor of the obligor without further notice to the obligor.
8 The obligee or public office shall provide notice to the
9 payor, pursuant to paragraph (6) of subsection (I), of any
10 payments that have been made through previous withholding or
11 any other method.
12 (2) The Clerk of the Circuit Court shall, upon request,
13 provide the obligee or public office with specially certified
14 copies of the order for withholding or the notice of
15 delinquency or both whenever the Court has ordered immediate
16 service of an order for withholding or an affidavit has been
17 placed in the court file indicating that the preconditions
18 for service have been previously met. The obligee or public
19 office may then serve the order for withholding on the payor,
20 its superintendent, manager or other agent by certified mail
21 or personal delivery. A proof of service shall be filed with
22 the Clerk of the Circuit Court.
23 (3) If a delinquency has accrued for any reason, the
24 obligee or public office may serve a notice of delinquency
25 upon the obligor pursuant to subsection (C). The obligor may
26 prevent the notice of delinquency from being served upon the
27 payor by utilizing the procedures set forth in subsection
28 (D).
29 If no petition to stay service has been filed within the
30 required 20 day time period, the obligee or public office may
31 serve the notice of delinquency on the payor by utilizing the
32 procedures for service set forth in subsection (E).
33 (E) (G) Duties of Payor.
34 (1) It shall be the duty of any payor who has been
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1 served with an income withholding a copy of the specially
2 certified order for withholding and any notice of delinquency
3 to deduct and pay over income as provided in this subsection.
4 The payor shall deduct the amount designated in the income
5 order for withholding notice, as supplemented by the notice
6 of delinquency and any notice provided pursuant to paragraph
7 (6) of subsection (G) (I), beginning no later than the next
8 payment of income which is payable or creditable to the
9 obligor that occurs 14 days following the date the income
10 withholding order and any notice was were mailed, sent by
11 facsimile or other electronic means, by certified mail or
12 placed for personal delivery to or service on the payor. The
13 payor may combine all amounts withheld for the benefit of an
14 obligee or public office into a single payment and transmit
15 the payment with a listing of obligors from whom withholding
16 has been effected. The payor shall pay the amount withheld to
17 the obligee or public office within 7 business days after the
18 date the amount would (but for the duty to withhold income)
19 have been paid or credited to the obligor 10 calendar days of
20 the date income is paid to the obligor in accordance with the
21 order for withholding and any subsequent notification
22 received from the public office redirecting payments. If the
23 payor knowingly fails to pay any amount withheld to the
24 obligee or public office within 7 business days after the
25 date the amount would have been 10 calendar days of the date
26 income is paid or credited to the obligor, the payor shall
27 pay a penalty of $100 for each day that the withheld amount
28 is not paid to the obligee or public office after the period
29 of 7 business 10 calendar days has expired. The failure of a
30 payor, on more than one occasion, to pay amounts withheld to
31 the obligee or public office within 7 business days after the
32 date the amount would have been 10 calendar days of the date
33 income is paid or credited to the obligor creates a
34 presumption that the payor knowingly failed to pay over the
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1 amounts. This penalty may be collected in a civil action
2 which may be brought against the payor in favor of the
3 obligee or public office. For purposes of this Section, a
4 withheld amount shall be considered paid by a payor on the
5 date it is mailed by the payor, or on the date an electronic
6 funds transfer of the amount has been initiated by the payor,
7 or on the date delivery of the amount has been initiated by
8 the payor. For each deduction, the payor shall provide the
9 obligee or public office, at the time of transmittal, with
10 the date the amount would (but for the duty to withhold
11 income) have been paid or credited to the obligor income was
12 paid from which support was withheld.
13 Upon receipt of an income withholding notice order
14 requiring that a minor child be named as a beneficiary of a
15 health insurance plan available through an employer or labor
16 union or trade union, the employer or labor union or trade
17 union shall immediately enroll the minor child as a
18 beneficiary in the health insurance plan designated by the
19 income withholding notice court order. The employer shall
20 withhold any required premiums and pay over any amounts so
21 withheld and any additional amounts the employer pays to the
22 insurance carrier in a timely manner. The employer or labor
23 union or trade union shall mail to the obligee, within 15
24 days of enrollment or upon request, notice of the date of
25 coverage, information on the dependent coverage plan, and all
26 forms necessary to obtain reimbursement for covered health
27 expenses, such as would be made available to a new employee.
28 When an order for dependent coverage is in effect and the
29 insurance coverage is terminated or changed for any reason,
30 the employer or labor union or trade union shall notify the
31 obligee within 10 days of the termination or change date
32 along with notice of conversion privileges.
33 For withholding of income, the payor shall be entitled to
34 receive a fee not to exceed $5 per month or the actual check
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1 processing cost to be taken from the income to be paid to the
2 obligor.
3 (2) Whenever the obligor is no longer receiving income
4 from the payor, the payor shall return a copy of the income
5 order for withholding notice to the obligee or public office
6 and shall provide information for the purpose of enforcing
7 this Section.
8 (3) Withholding of income under this Section shall be
9 made without regard to any prior or subsequent garnishments,
10 attachments, wage assignments, or any other claims of
11 creditors. Withholding of income under this Section shall
12 not be in excess of the maximum amounts permitted under the
13 federal Consumer Credit Protection Act. If the payor has been
14 served with more than one income order for withholding notice
15 pertaining to the same obligor, the payor shall allocate
16 income available for withholding on a proportionate share
17 basis, giving priority to current support payments. If there
18 is any income available for withholding after withholding for
19 all current support obligations, the payor shall allocate the
20 income to past due support payments ordered in cases in which
21 cash assistance under the Illinois Public Aid Code is not
22 being provided to the obligee non-AFDC matters and then to
23 past due support payments ordered in cases in which cash
24 assistance under the Illinois Public Aid Code is being
25 provided to the obligee AFDC matters, both on a proportionate
26 share basis. A payor who complies with an income withholding
27 notice that is regular on its face shall not be subject to
28 civil liability with respect to any individual, any agency,
29 or any creditor of the obligor for conduct in compliance with
30 the notice. Payment as required by the order for withholding
31 shall be a complete defense by the payor against any claims
32 of the obligor or his creditors as to the sum so paid.
33 (4) No payor shall discharge, discipline, refuse to hire
34 or otherwise penalize any obligor because of the duty to
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1 withhold income.
2 (F) (H) Petitions to Contest Withholding Stay Service or to
3 Modify, Suspend, or Terminate, or Correct Income Orders for
4 Withholding Notices.
5 (1) When an obligor files a petition to contest
6 withholding stay service, the court, after due notice to all
7 parties, shall hear the matter as soon as practicable and
8 shall enter an order granting or denying relief, ordering
9 service of an amended income withholding notice amending the
10 notice of delinquency, amending the order for withholding,
11 where applicable, or otherwise resolving the matter.
12 The court shall deny the obligor's petition if the court
13 finds that when the income withholding notice was mailed,
14 sent by facsimile transmission or other electronic means, or
15 placed for personal delivery to or service on the payor:
16 (a) A delinquency existed; or
17 (b) The parties' written agreement providing an
18 alternative arrangement to immediate withholding under
19 paragraph (1) of subsection (B) no longer ensured payment
20 of support. If the court finds that a delinquency existed
21 when the notice of delinquency was served upon the
22 obligor, in an amount of at least one month's support
23 obligation, or that the obligor was at least 30 days late
24 in paying all or part of the order for support, the court
25 shall order immediate service of the order for
26 withholding. Where the court cannot promptly resolve any
27 dispute over the amount of the delinquency, the court may
28 order immediate service of the order for withholding as
29 to any undisputed amounts specified in an amended notice
30 of delinquency, and may continue the hearing on the
31 disputed amounts.
32 (2) At any time, an obligor, obligee, public office or
33 Clerk of the Circuit Court may petition the court to:
34 (a) Modify, suspend or terminate the income order
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1 for withholding notice because of a modification,
2 suspension or termination of the underlying order for
3 support; or
4 (b) Modify the amount of income to be withheld to
5 reflect payment in full or in part of the delinquency or
6 arrearage by income withholding or otherwise; or
7 (c) Suspend the income order for withholding notice
8 because of inability to deliver income withheld to the
9 obligee due to the obligee's failure to provide a mailing
10 address or other means of delivery.
11 (3) At any time an obligor may petition the court to
12 correct a term contained in an income withholding notice to
13 conform to that stated in the underlying order for support
14 for:
15 (a) The amount of current support;
16 (b) The amount of the arrearage;
17 (c) The periodic amount for payment of the
18 arrearage; or
19 (d) The periodic amount for payment of the
20 delinquency.
21 (4) (3) The obligor, obligee or public office shall
22 serve on the payor, in the manner provided for service of
23 income withholding notices in paragraph (7) of subsection (B)
24 by certified mail or personal delivery, a copy of any order
25 entered pursuant to this subsection that affects the duties
26 of the payor.
27 (5) (4) At any time, a public office or Clerk of the
28 Circuit Court may serve a notice on the payor to:
29 (a) Cease withholding of income for payment of
30 current support for a child when the support obligation
31 for that child has automatically ceased under the order
32 for support through emancipation or otherwise; or
33 (b) Cease withholding of income for payment of
34 delinquency or arrearage when the delinquency or
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1 arrearage has been paid in full.
2 (6) (5) The notice provided for under paragraph (5) (4)
3 of this subsection shall be served on the payor in the manner
4 provided for service of income withholding notices in
5 paragraph (7) of subsection (B) by ordinary mail, and a copy
6 shall be provided to the obligor and the obligee. A copy of
7 the notice shall be filed with the Clerk of the Circuit
8 Court.
9 (7) (6) The income order for withholding notice shall
10 continue to be binding upon the payor until service of an
11 amended income withholding notice or any order of the court
12 or notice entered or provided for under this subsection.
13 (G) (I) Additional Duties.
14 (1) An obligee who is receiving income withholding
15 payments under this Section shall notify the payor, if the
16 obligee receives the payments directly from the payor, or the
17 public office or the Clerk of the Circuit Court, as
18 appropriate, of any change of address within 7 days of such
19 change.
20 (2) An obligee who is a recipient of public aid shall
21 send a copy of any income withholding notice served by the
22 obligee of delinquency filed pursuant to subsection (C) to
23 the Division Bureau of Child Support Enforcement of the
24 Illinois Department of Public Aid.
25 (3) Each obligor shall notify the obligee, the public
26 office, and the Clerk of the Circuit Court of any change of
27 address within 7 days.
28 (4) An obligor whose income is being withheld or who has
29 been served with a notice of delinquency pursuant to this
30 Section shall notify the obligee, the public office, and the
31 Clerk of the Circuit Court of any new payor, within 7 days.
32 (5) When the Illinois Department of Public Aid is no
33 longer authorized to receive payments for the obligee, it
34 shall, within 7 days, notify the payor or, where appropriate,
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1 the Clerk of the Circuit Court, to redirect income
2 withholding payments to the obligee.
3 (6) The obligee or public office shall provide notice to
4 the payor and Clerk of the Circuit Court of any other support
5 payment made, including but not limited to, a set-off under
6 federal and State law or partial payment of the delinquency
7 or arrearage, or both.
8 (7) Any public office and Clerk of the Circuit Court
9 which collects, disburses or receives payments pursuant to
10 income orders for withholding notices shall maintain
11 complete, accurate, and clear records of all payments and
12 their disbursements. Certified copies of payment records
13 maintained by a public office or Clerk of the Circuit Court
14 shall, without further proof, be admitted into evidence in
15 any legal proceedings under this Section.
16 (8) The Illinois Department of Public Aid shall design
17 suggested legal forms for proceeding under this Section and
18 shall make available to the courts such forms and
19 informational materials which describe the procedures and
20 remedies set forth herein for distribution to all parties in
21 support actions.
22 (9) At the time of transmitting each support payment,
23 the clerk of the circuit court shall provide the obligee or
24 public office, as appropriate, with any information furnished
25 by the payor as to the date the amount would (but for the
26 duty to withhold income) have been paid or credited to the
27 obligor income was paid from which such support was
28 withheld.
29 (H) (J) Penalties.
30 (1) Where a payor wilfully fails to withhold or pay over
31 income pursuant to a properly served income withholding
32 notice, specially certified order for withholding and any
33 notice of delinquency, or wilfully discharges, disciplines,
34 refuses to hire or otherwise penalizes an obligor as
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1 prohibited by subsection (E) (G), or otherwise fails to
2 comply with any duties imposed by this Section, the obligee,
3 public office or obligor, as appropriate, may file a
4 complaint with the court against the payor. The clerk of the
5 circuit court shall notify the obligee or public office, as
6 appropriate, and the obligor and payor of the time and place
7 of the hearing on the complaint. The court shall resolve any
8 factual dispute including, but not limited to, a denial that
9 the payor is paying or has paid income to the obligor. Upon
10 a finding in favor of the complaining party, the court:
11 (a) Shall enter judgment and direct the enforcement
12 thereof for the total amount that the payor wilfully
13 failed to withhold or pay over; and
14 (b) May order employment or reinstatement of or
15 restitution to the obligor, or both, where the obligor
16 has been discharged, disciplined, denied employment or
17 otherwise penalized by the payor and may impose a fine
18 upon the payor not to exceed $200.
19 (2) Any obligee, public office or obligor who wilfully
20 initiates a false proceeding under this Section or who
21 wilfully fails to comply with the requirements of this
22 Section shall be punished as in cases of contempt of court.
23 (I) Alternative Procedures for Service of an Income
24 Withholding Notice.
25 (1) The procedures of this subsection may be used in any
26 matter to serve an income withholding notice on a payor if:
27 (a) For any reason the most recent order for
28 support entered does not contain the income withholding
29 provisions required under subsection (B), irrespective of
30 whether a separate order for withholding was entered
31 prior to July 1, 1997; and
32 (b) The obligor has accrued a delinquency after
33 entry of the most recent order for support.
34 (2) The obligee or public office shall prepare and serve
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1 the income withholding notice in accordance with the
2 provisions of subsection (C), except that the notice shall
3 contain a periodic amount for payment of the delinquency
4 equal to 20% of the total of the current support amount and
5 the amount to be paid periodically for payment of any
6 arrearage stated in the most recent order for support.
7 (3) If the obligor requests in writing that income
8 withholding become effective prior to the obligor accruing a
9 delinquency under the most recent order for support, the
10 obligee or public office may prepare and serve an income
11 withholding notice on the payor as provided in subsection
12 (B). In addition to filing proofs of service of the income
13 withholding notice on the payor and the obligor, the obligee
14 or public office shall file a copy of the obligor's written
15 request for income withholding with the Clerk of the Circuit
16 Court.
17 (4) All other provisions of this Section shall be
18 applicable with respect to the provisions of this subsection
19 (I).
20 (K) Alternative Procedures for Entry and Service of an Order
21 for Withholding.
22 (1) Effective January 1, 1987, in any matter in which an
23 order for withholding has not been entered for any reason,
24 based upon the last order for support that has been entered,
25 and in which the obligor has become delinquent in payment of
26 an amount equal to at least one month's support obligation
27 pursuant to the last order for support or is at least 30 days
28 late in complying with all or part of the order for support,
29 the obligee or public office may prepare and serve an order
30 for withholding pursuant to the procedures set forth in this
31 subsection.
32 (2) The obligee or public office shall:
33 (a) Prepare a proposed order for withholding for
34 immediate service as provided by paragraphs (1) and (3)
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1 of subsection (B), except that the minimum 20%
2 delinquency payment shall be used;
3 (b) Prepare a notice of delinquency as provided by
4 paragraphs (1) and (2) of subsection (C), except the
5 notice shall state further that the order for withholding
6 has not been entered by the court and the conditions
7 under which the order will be entered; and
8 (c) Serve the notice of delinquency and form
9 petition to stay service as provided by paragraph (3) of
10 subsection (C), together with the proposed order for
11 withholding, which shall be marked "COPY ONLY".
12 (3) After 20 days following service of the notice of
13 delinquency and proposed order for withholding, in lieu of
14 the provisions of subsection (E), the obligee or public
15 office shall file with the Clerk of the Circuit Court an
16 affidavit, with a copy of the notice of delinquency and
17 proposed order for withholding attached thereto, stating
18 that:
19 (a) The notice of delinquency and proposed order
20 for withholding have been served upon the obligor and the
21 date on which service was effected;
22 (b) The obligor has not filed a petition to stay
23 service within 20 days of service of such notice and
24 order; and
25 (c) The proposed order for withholding accurately
26 states the terms and amounts contained in the last order
27 for support.
28 (4) Upon the court's satisfaction that the procedures
29 set forth in this subsection have been met, it shall enter
30 the order for withholding.
31 (5) The Clerk shall then provide to the obligee or
32 public office a specially certified copy of the order for
33 withholding and the notice of delinquency indicating that the
34 preconditions for service have been met.
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1 (6) The obligee or public office shall serve the
2 specially certified copies of the order for withholding and
3 the notice of delinquency on the payor, its superintendent,
4 manager or other agent by certified mail or personal
5 delivery. A proof of service shall be filed with the Clerk
6 of the Circuit Court.
7 (7) If the obligor requests in writing that income
8 withholding become effective prior to becoming delinquent in
9 payment of an amount equal to one month's support obligation
10 pursuant to the last order for support, or prior to becoming
11 30 days late in paying all or part of the order for support,
12 the obligee or public office shall file an affidavit with the
13 Clerk of the circuit Court, with a proposed order for
14 withholding attached, stating that the proposed order
15 accurately states the terms and amounts contained in the last
16 order for support and the obligor's request for immediate
17 service. The provisions of paragraphs (4) through (6) of this
18 subsection shall apply, except that a notice of delinquency
19 shall not be required.
20 (8) All other provisions of this Section shall be
21 applicable with respect to the provisions of this subsection
22 (K), except that under paragraph (1) of subsection (H), the
23 court may also amend the proposed order for withholding to
24 conform to the last order for support.
25 (9) Nothing in this subsection shall be construed as
26 limiting the requirements of paragraph (1) of subsection (B)
27 with respect to the entry of a separate order for withholding
28 upon entry of any order for support.
29 (J) (L) Remedies in Addition to Other Laws.
30 (1) The rights, remedies, duties and penalties created
31 by this Section are in addition to and not in substitution
32 for any other rights, remedies, duties and penalties created
33 by any other law.
34 (2) Nothing in this Section shall be construed as
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1 invalidating any assignment of wages or benefits executed
2 prior to January 1, 1984 or any order for withholding served
3 prior to July 1, 1997.
4 (Source: P.A. 88-26; 88-45; 88-94; 88-131; 88-307; 88-670,
5 eff. 12-2-94; 89-507, eff. 7-1-97.)
6 (750 ILCS 15/12) (from Ch. 40, par. 1115)
7 Sec. 12. (a) Whenever it is determined in a proceeding
8 to establish or enforce a child support or maintenance
9 obligation that the person owing a duty of support is
10 unemployed, the court may order the person to seek employment
11 and report periodically to the court with a diary, listing or
12 other memorandum of his or her efforts in accordance with
13 such order. Additionally, the court may order the unemployed
14 person to report to the Department of Employment Security for
15 job search services or to make application with the local
16 Jobs Training Partnership Act provider for participation in
17 job search, training or work programs and where the duty of
18 support is owed to a child receiving support services under
19 Article X of The Illinois Public Aid Code, as amended, the
20 court may order the unemployed person to report to the
21 Illinois Department of Public Aid for participation in job
22 search, training or work programs established under Section
23 9-6 and Article IXA of that Code.
24 (b) Whenever it is determined that a person owes
25 past-due support for a child and the parent with whom the
26 child is living, and the child is receiving assistance under
27 the Illinois Public Aid Code, the court shall order the
28 following at the request of the Illinois Department of Public
29 Aid:
30 (1) that the person pay the past-due support in
31 accordance with a plan approved by the court; or
32 (2) if the person owing past-due support is
33 unemployed, is subject to such a plan, and is not
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1 incapacitated, that the person participate in such job
2 search, training, or work programs established under
3 Section 9-6 and Article IXA of the Illinois Public Aid
4 Code as the court deems appropriate.
5 (Source: P.A. 85-1155.)
6 Section 110. The Revised Uniform Reciprocal Enforcement
7 of Support Act is amended by changing Sections 24, 24.1, and
8 26.1 and adding Section 29C as follows:
9 (750 ILCS 20/24) (from Ch. 40, par. 1224)
10 Sec. 24. Order of Support. If the responding court finds
11 a duty of support it may order the obligor to furnish support
12 or reimbursement therefor and subject the property of the
13 obligor to the order.
14 Any new or existing support order entered by a court or
15 administrative body of this or any other State shall be
16 deemed to be a series of judgments against the person
17 obligated to pay support thereunder, each such judgment to be
18 in the amount of each payment or installment of support and
19 each such judgment to be deemed entered as of the date the
20 corresponding payment or installment becomes due under the
21 terms of the support order. Each such judgment shall:
22 (1) have the full force, effect, and attributes of
23 any other judgment of such State, including the ability
24 to be enforced;
25 (2) be entitled as a judgment to full faith and
26 credit in this and any other State; and
27 (3) not be subject to retroactive modification by
28 this or any other State; except that modification is
29 permitted with respect to any period during which there
30 is pending a petition for modification, but only from the
31 date that notice of such petition has been given in
32 accordance with law.
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1 Where the terms of a support order entered by a court or
2 administrative body of this or any other State are subject to
3 modification, or where action is not based upon such order,
4 the Illinois court shall determine the amount of maintenance
5 or child support by using the guidelines and standards set
6 forth in Section 504, or in subsection (a) of Section 505 and
7 in Section 505.2 of the Illinois Marriage and Dissolution of
8 Marriage Act, respectively.
9 When no prior support order exists, but the court finds a
10 duty of support and enters an order for current support, the
11 court may enter an order for payment of support for a period
12 before the date the order for current support is entered.
13 Support for the prior period shall be determined by using the
14 guidelines and standards set forth in Section 504, or in
15 subsection (a) of Section 505, and in Section 505.2 of the
16 Illinois Marriage and Dissolution of Marriage Act. For
17 purposes of determining the amount of support to be paid for
18 the prior period, there is a rebuttable presumption that the
19 obligor's net income for that period was the same as his or
20 her net income at the time the order for current support is
21 entered.
22 Support orders made pursuant to this Act shall require
23 that payments be made to the clerk of the court of the
24 responding state. The court and prosecuting attorney of any
25 county in which the obligor is present or has property have
26 the same powers and duties to enforce the order as have those
27 of the county in which it was first issued. If enforcement is
28 impossible or cannot be completed in the county in which the
29 order was issued, the prosecuting attorney shall send a
30 certified copy of the order to the prosecuting attorney of
31 any county in which it appears that proceedings to enforce
32 the order would be effective. The prosecuting attorney to
33 whom the certified copy of the order is forwarded shall
34 proceed with enforcement and report the results of the
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1 proceedings to the court first issuing the order.
2 A one-time charge of 20% is imposable upon the amount of
3 past-due child support owed on July 1, 1988 which has accrued
4 under a support order entered by the court. The charge shall
5 be imposed in accordance with the provisions of Section 10-21
6 of the Illinois Public Aid Code and shall be enforced by the
7 court upon petition.
8 A court or administrative body of this State may modify a
9 support order of another state only if that other state no
10 longer has continuing, exclusive jurisdiction of the
11 proceeding in which the support order was entered. The order
12 must be registered under Section 609 of the Uniform
13 Interstate Family Support Act and may be modified only if
14 permitted under Section 611 of the Uniform Interstate Family
15 Support Act.
16 All orders An order for support, when entered or
17 modified, in a case in which a party is receiving child and
18 spouse support services under Article X of the Illinois
19 Public Aid Code shall include a provision requiring the
20 non-custodial parent to notify the court and, in cases in
21 which a party is receiving child and spouse support services
22 under Article X of the Illinois Public Aid Code, the Illinois
23 Department of Public Aid, within 7 days, (i) of the name and
24 address of any new employer of the non-custodial parent, (ii)
25 whether the non-custodial parent has access to health
26 insurance coverage through the employer or other group
27 coverage, and, if so, the policy name and number and the
28 names of persons covered under the policy, and (iii) of any
29 new residential or mailing address or telephone number of the
30 non-custodial parent. In any subsequent action to enforce a
31 support order, upon a sufficient showing that a diligent
32 effort has been made to ascertain the location of the
33 non-custodial parent, service of process or provision of
34 notice necessary in the case may be made at the last known
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1 address of the non-custodial parent in any manner expressly
2 provided by the Code of Civil Procedure or this Act, which
3 service shall be sufficient for purposes of due process.
4 An order for support shall include a date on which the
5 current support obligation terminates. The termination date
6 shall be no earlier than the date on which the child covered
7 by the order will attain the age of majority or is otherwise
8 emancipated. The order for support shall state that the
9 termination date does not apply to any arrearage that may
10 remain unpaid on that date. Nothing in this paragraph shall
11 be construed to prevent the court from modifying the order.
12 (Source: P.A. 88-307; 88-550 (eff. date changed from 1-1-95
13 to 1-1-96 on 1-24-95 by P.A. 88-691); 88-687, eff. 1-24-95.)
14 (750 ILCS 20/24.1) (from Ch. 40, par. 1224.1)
15 Sec. 24.1. (a) Whenever it is determined in a
16 proceeding to establish or enforce a child support or
17 maintenance obligation that the person owing a duty of
18 support is unemployed, the court may order the person to seek
19 employment and report periodically to the court with a diary,
20 listing or other memorandum of his or her efforts in
21 accordance with such order. Additionally, the court may order
22 the unemployed person to report to the Department of
23 Employment Security for job search services or to make
24 application with the local Jobs Training Partnership Act
25 provider for participation in job search, training or work
26 programs and where the duty of support is owed to a child
27 receiving support services under Article X of The Illinois
28 Public Aid Code, as amended, the court may order the
29 unemployed person to report to the Illinois Department of
30 Public Aid for participation in job search, training or work
31 programs established under Section 9-6 and Article IXA of
32 that Code.
33 (b) Whenever it is determined that a person owes
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1 past-due support for a child, or for a child and the parent
2 with whom the child is living, and the child is receiving
3 assistance under the Illinois Public Aid Code or other
4 State's laws, the court shall order the following at the
5 request of the Illinois Department of Public Aid:
6 (1) that the person pay the past-due support in
7 accordance with a plan approved by the court; or
8 (2) if the person owing past-due support is
9 unemployed, is subject to such a plan, and is not
10 incapacitated, that the person participate in such job
11 search, training, or work programs established under
12 Section 9-6 and Article IXA of the Illinois Public Aid
13 Code as the court deems appropriate.
14 (Source: P.A. 85-1155.)
15 (750 ILCS 20/26.1) (from Ch. 40, par. 1226.1)
16 (Text of Section before amendment by P.A. 89-507)
17 Sec. 26.1. Withholding of Income to Secure Payment of
18 Support.
19 (A) Definitions.
20 (1) "Order for support" means any order of the court
21 which provides for periodic payment of funds for the support
22 of a child or maintenance of a spouse, whether temporary or
23 final, and includes any such order which provides for:
24 (a) modification or resumption of, or payment of
25 arrearage accrued under, a previously existing order;
26 (b) reimbursement of support; or
27 (c) enrollment in a health insurance plan that is
28 available to the obligor through an employer or labor
29 union or trade union.
30 (2) "Arrearage" means the total amount of unpaid support
31 obligations.
32 (3) "Delinquency" means any payment under an order for
33 support which becomes due and remains unpaid after an order
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1 for withholding has been entered under subsection (B) or, for
2 purposes of subsection (K), after the last order for support
3 was entered for which no order for withholding was entered.
4 (4) "Income" means any form of periodic payment to an
5 individual, regardless of source, including, but not limited
6 to: wages, salary, commission, compensation as an independent
7 contractor, workers' compensation, disability, annuity and
8 retirement benefits, lottery prize awards, insurance
9 proceeds, vacation pay, bonuses, profit-sharing payments and
10 any other payments, made by any person, private entity,
11 federal or state government, any unit of local government,
12 school district or any entity created by Public Act; however,
13 "income" excludes:
14 (a) any amounts required by law to be withheld,
15 other than creditor claims, including, but not limited
16 to, federal, State and local taxes, Social Security and
17 other retirement and disability contributions;
18 (b) union dues;
19 (c) any amounts exempted by the federal Consumer
20 Credit Protection Act;
21 (d) public assistance payments; and
22 (e) unemployment insurance benefits except as
23 provided by law.
24 Any other State or local laws which limit or exempt
25 income or the amount or percentage of income that can be
26 withheld shall not apply.
27 (5) "Obligor" means the individual who owes a duty to
28 make payments under an order for support.
29 (6) "Obligee" means the individual to whom a duty of
30 support is owed or the individual's legal representative.
31 (7) "Payor" means any payor of income to an obligor.
32 (8) "Public office" means any elected official or any
33 State or local agency which is or may become responsible by
34 law for enforcement of, or which is or may become authorized
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1 to enforce, an order for support, including, but not limited
2 to: the Attorney General, the Illinois Department of Public
3 Aid, the Illinois Department of Mental Health and
4 Developmental Disabilities, the Illinois Department of
5 Children and Family Services, and the various State's
6 Attorneys, Clerks of the Circuit Court and supervisors of
7 general assistance.
8 (9) "Premium" means the dollar amount for which the
9 obligor is liable to his employer or labor union or trade
10 union and which must be paid to enroll or maintain a child in
11 a health insurance plan that is available to the obligor
12 through an employer or labor union or trade union.
13 (B) Entry of an Order for Withholding.
14 (1) Upon entry of any order for support on or after
15 January 1, 1984, the court shall enter a separate order for
16 withholding which shall not take effect unless the obligor
17 becomes delinquent in paying the order for support or the
18 obligor requests an earlier effective date; except that the
19 court may require the order for withholding to take effect
20 immediately.
21 On or after January 1, 1989, the court shall require the
22 order for withholding to take effect immediately, unless a
23 written agreement is reached between and signed by both
24 parties providing for an alternative arrangement, approved
25 and entered into the record by the court, which insures
26 payment of support. In that case, the court shall enter the
27 order for withholding which will not take effect unless the
28 obligor becomes delinquent in paying the order for support.
29 Upon entry of any order of support on or after September
30 11, 1989, if the obligor is not a United States citizen, the
31 obligor shall provide to the court the obligor's alien
32 registration number, passport number, and home country's
33 social security or national health number, if applicable; the
34 court shall make the information part of the record in the
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1 case.
2 (2) An order for withholding shall be entered upon
3 petition by the obligee or public office where an order for
4 withholding has not been previously entered.
5 (3) The order for withholding shall:
6 (a) direct any payor to withhold a dollar amount
7 equal to the order for support; and
8 (b) direct any payor to withhold an additional
9 dollar amount, not less than 20% of the order for
10 support, until payment in full of any delinquency stated
11 in the notice of delinquency provided for in subsection
12 (C) or (F) of this Section; and
13 (c) direct any payor or labor union or trade union
14 to enroll a child as a beneficiary of a health insurance
15 plan and withhold or cause to be withheld, if applicable,
16 any required premiums; and
17 (d) state the rights, remedies and duties of the
18 obligor under this Section; and
19 (e) include the obligor's Social Security Number,
20 which the obligor shall disclose to the court; and
21 (f) include the date that withholding for current
22 support terminates, which shall be the date of
23 termination of the current support obligation set forth
24 in the order for support.
25 (4) At the time the order for withholding is entered,
26 the Clerk of the Circuit Court shall provide a copy of the
27 order for withholding and the order for support to the
28 obligor and shall make copies available to the obligee and
29 public office. Any copy of the order for withholding
30 furnished to the parties under this subsection shall be
31 stamped "Not Valid".
32 (5) The order for withholding shall remain in effect for
33 as long as the order for support upon which it is based.
34 (6) The failure of an order for withholding to state an
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1 arrearage is not conclusive of the issue of whether an
2 arrearage is owing.
3 (7) Notwithstanding the provisions of this subsection,
4 if the court finds at the time of any hearing that an
5 arrearage has accrued in an amount equal to at least one
6 month's support obligation or that the obligor is 30 days
7 late in paying all or part of the order for support, the
8 court shall order immediate service of the order for
9 withholding upon the payor.
10 (8) Where the court has not required that the order for
11 withholding take effect immediately, the obligee or public
12 office may prepare and serve a notice for immediate
13 withholding upon the obligor by ordinary mail addressed to
14 the obligor at his or her last known address. The notice
15 shall state that the following circumstances have occurred:
16 (a) The parties' written agreement providing an
17 alternative arrangement to immediate withholding under
18 paragraph (1) of this subsection no longer provides for
19 timely payment of all support due; or
20 (b) The obligor has not made timely payments in
21 that the obligor has been at least 7 days late in paying
22 all or part of the order for support any of the last 6
23 consecutive dates payments were due prior to the date of
24 the notice for immediate withholding.
25 The notice for immediate withholding shall clearly state
26 that a specially certified copy of the order for withholding
27 will be sent to the payor, unless the obligor files a
28 petition contesting immediate withholding within 20 days
29 after service of the notice; however, the grounds for the
30 petition shall be limited to a dispute concerning whether the
31 circumstances stated in the notice have occurred or the
32 identity of the obligor. It shall not be grounds for the
33 petition that the obligor has made all payments due by the
34 date of the petition.
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1 If the obligor files a petition contesting immediate
2 withholding within the 20-day period required under this
3 paragraph, the Clerk of the Circuit Court shall notify the
4 obligor and the obligee or public office, as appropriate, of
5 the time and place of the hearing on the petition. Upon
6 hearing the petition, the court shall enter an order granting
7 or denying relief. It shall not be grounds for granting the
8 obligor's petition that he or she has made all payments due
9 by the date of hearing. If the court denies the obligor's
10 petition, it shall order immediate service of the order for
11 withholding and direct the clerk to provide a specially
12 certified copy of the order for withholding to the obligee or
13 public office indicating that the requirements for immediate
14 withholding under this paragraph have been met.
15 If the obligor does not file a petition contesting
16 immediate withholding within the 20-day period, the obligee
17 or public office shall file with the Clerk of the Circuit
18 Court an affidavit, with a copy of the notice for immediate
19 withholding attached thereto, stating that the notice was
20 duly served and the date on which service was effected, and
21 that the obligor has not filed a petition contesting
22 immediate withholding. The clerk shall then provide to the
23 obligee or public office a specially certified copy of the
24 order for withholding indicating that the requirements for
25 immediate withholding under this paragraph have been met.
26 Upon receipt of a specially certified copy of the order
27 for withholding, the obligee or public office may serve the
28 order on the payor, its superintendent, manager or other
29 agent, by certified mail or personal delivery. A proof of
30 service shall be filed with the Clerk of the Circuit Court.
31 (C) Notice of Delinquency.
32 (1) Whenever an obligor becomes delinquent in payment of
33 an amount equal to at least one month's support obligation
34 pursuant to the order for support or is at least 30 days late
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1 in complying with all or part of the order for support,
2 whichever occurs first, the obligee or public office may
3 prepare and serve a verified notice of delinquency, together
4 with a form petition to stay service, pursuant to paragraph
5 (3) of this subsection.
6 (2) The notice of delinquency shall recite the terms of
7 the order for support and contain a computation of the period
8 and total amount of the delinquency, as of the date of the
9 notice. The notice shall clearly state that it will be sent
10 to the payor, together with a specially certified copy of the
11 order for withholding, except as provided in subsection (F),
12 unless the obligor files a petition to stay service in
13 accordance with paragraph (1) of subsection (D).
14 (3) The notice of delinquency shall be served by
15 ordinary mail addressed to the obligor at his or her last
16 known address.
17 (4) The obligor may execute a written waiver of the
18 provisions of paragraphs (1) through (3) of this subsection
19 and request immediate service upon the payor.
20 (D) Procedures to Avoid Income Withholding.
21 (1) Except as provided in subsection (F), the obligor
22 may prevent an order for withholding from being served by
23 filing a petition to stay service with the Clerk of the
24 Circuit Court, within 20 days after service of the notice of
25 delinquency; however, the grounds for the petition to stay
26 service shall be limited to a dispute concerning: (a) the
27 amount of current support or the existence or amount of the
28 delinquency; or (b) the identity of the obligor.
29 The Clerk of the Circuit Court shall notify the obligor
30 and the obligee or public office, as appropriate, of the time
31 and place of the hearing on the petition to stay service. The
32 court shall hold such hearing pursuant to the provisions of
33 subsection (H).
34 (2) Except as provided in subsection (F), filing of a
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1 petition to stay service, within the 20-day period required
2 under this subsection, shall prohibit the obligee or public
3 office from serving the order for withholding on any payor of
4 the obligor.
5 (E) Initial Service of Order for Withholding.
6 (1) Except as provided in subsection (F), in order to
7 serve an order for withholding upon a payor, an obligee or
8 public office shall follow the procedures set forth in this
9 subsection. After 20 days following service of the notice of
10 delinquency, the obligee or public office shall file with the
11 Clerk of the Circuit Court an affidavit, with the copy of the
12 notice of delinquency attached thereto, stating:
13 (a) that the notice of delinquency has been duly
14 served and the date on which service was effected; and
15 (b) that the obligor has not filed a petition to
16 stay service, or in the alternative
17 (c) that the obligor has waived the provisions of
18 subparagraphs (a) and (b) of this paragraph (1) in
19 accordance with subsection (C)(4).
20 (2) Upon request of the obligee or public office, the
21 Clerk of the Circuit shall: (a) make available any record of
22 payment; and (b) determine that the file contains a copy of
23 the affidavit described in paragraph (1). The Clerk shall
24 then provide to the obligee or public office a specially
25 certified copy of the order for withholding and the notice of
26 delinquency indicating that the preconditions for service
27 have been met.
28 (3) The obligee or public office may then serve the
29 notice of delinquency and order for withholding on the payor,
30 its superintendent, manager or other agent, by certified mail
31 or personal delivery. A proof of service shall be filed with
32 the Clerk of the Circuit Court.
33 (F) Subsequent Service of Order for Withholding.
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1 (1) Notwithstanding the provisions of this Section, at
2 any time after the court has ordered immediate service of an
3 order for withholding or after initial service of an order
4 for withholding pursuant to subsection (E), the obligee or
5 public office may serve the order for withholding upon any
6 payor of the obligor without further notice to the obligor.
7 The obligee or public office shall provide notice to the
8 payor, pursuant to paragraph (6) of subsection (I), of any
9 payments that have been made through previous withholding or
10 any other method.
11 (2) The Clerk of the Circuit Court shall, upon request,
12 provide the obligee or public office with specially certified
13 copies of the order for withholding or the notice of
14 delinquency or both whenever the Court has ordered immediate
15 service of an order for withholding or an affidavit has been
16 placed in the court file indicating that the preconditions
17 for service have been previously met. The obligee or public
18 office may then serve the order for withholding on the payor,
19 its superintendent, manager or other agent by certified mail
20 or personal delivery. A proof of service shall be filed with
21 the Clerk of the Circuit Court.
22 (3) If a delinquency has accrued for any reason, the
23 obligee or public office may serve a notice of delinquency
24 upon the obligor pursuant to subsection (C). The obligor may
25 prevent the notice of delinquency from being served upon the
26 payor by utilizing the procedures set forth in subsection
27 (D). If no petition to stay service has been filed within the
28 required 20 day time period, the obligee or public office may
29 serve the notice of delinquency on the payor by utilizing the
30 procedures for service set forth in subsection (E).
31 (G) Duties of Payor.
32 (1) It shall be the duty of any payor who has been
33 served with a copy of the specially certified order for
34 withholding and any notice of delinquency to deduct and pay
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1 over income as provided in this subsection. The payor shall
2 deduct the amount designated in the order for withholding, as
3 supplemented by the notice of delinquency and any notice
4 provided pursuant to paragraph (6) of subsection (I),
5 beginning no later than the next payment of income which is
6 payable to the obligor that occurs 14 days following the date
7 the order and any notice were mailed by certified mail or
8 placed for personal delivery. The payor may combine all
9 amounts withheld for the benefit of an obligee or public
10 office into a single payment and transmit the payment with a
11 listing of obligors from whom withholding has been effected.
12 The payor shall pay the amount withheld to the obligee or
13 public office within 10 calendar days of the date income is
14 paid to the obligor in accordance with the order for
15 withholding and any subsequent notification received from the
16 public office redirecting payments. If the payor knowingly
17 fails to pay any amount withheld to the obligee or public
18 office within 10 calendar days of the date income is paid to
19 the obligor, the payor shall pay a penalty of $100 for each
20 day that the withheld amount is not paid to the obligee or
21 public office after the period of 10 calendar days has
22 expired. The failure of a payor, on more than one occasion,
23 to pay amounts withheld to the obligee or public office
24 within 10 calendar days of the date income is paid to the
25 obligor creates a presumption that the payor knowingly failed
26 to pay the amounts. This penalty may be collected in a civil
27 action which may be brought against the payor in favor of the
28 obligee. For purposes of this Section, a withheld amount
29 shall be considered paid by a payor on the date it is mailed
30 by the payor, or on the date an electronic funds transfer of
31 the amount has been initiated by the payor, or on the date
32 delivery of the amount has been initiated by the payor. For
33 each deduction, the payor shall provide the obligee or public
34 office, at the time of transmittal, with the date income was
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1 paid from which support was withheld.
2 Upon receipt of an order requiring that a minor child be
3 named as a beneficiary of a health insurance plan available
4 through an employer or labor union or trade union, the
5 employer or labor union or trade union shall immediately
6 enroll the minor child as a beneficiary in the the health
7 insurance plan designated by the court order. The employer
8 shall withhold any required premiums and pay over any amounts
9 so withheld and any additional amounts the employer pays to
10 the insurance carrier in a timely manner. The employer or
11 labor union or trade union shall mail to the obligee, within
12 15 days of enrollment or upon request, notice of the date of
13 coverage, information on the dependent coverage plan, and all
14 forms necessary to obtain reimbursement for covered health
15 expenses, such as would be made available to a new employee.
16 When an order for dependent coverage is in effect and the
17 insurance coverage is terminated or changed for any reason,
18 the employer or labor union or trade union shall notify the
19 obligee within 10 days of the termination or change date
20 along with notice of conversion privileges.
21 For withholding of income, the payor shall be entitled to
22 receive a fee not to exceed $5 per month to be taken from the
23 income to be paid to the obligor.
24 (2) Whenever the obligor is no longer receiving income
25 from the payor, the payor shall return a copy of the order
26 for withholding to the obligee or public office and shall
27 provide information for the purpose of enforcing this
28 Section.
29 (3) Withholding of income under this Section shall be
30 made without regard to any prior or subsequent garnishments,
31 attachments, wage assignments, or any other claims of
32 creditors. Withholding of income under this Section shall
33 not be in excess of the maximum amounts permitted under the
34 federal Consumer Credit Protection Act. If the payor has been
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1 served with more than one order for withholding pertaining to
2 the same obligor, the payor shall allocate income available
3 for withholding on a proportionate share basis, giving
4 priority to current support payments. If there is any income
5 available for withholding after withholding for all current
6 support obligations, the payor shall allocate the income to
7 past due support payments ordered in non-AFDC matters and
8 then to past due support payments ordered in AFDC matters,
9 both on a proportionate share basis. Payment as required by
10 the order for withholding shall be a complete defense by the
11 payor against any claims of the obligor or his creditors as
12 to the sum so paid.
13 (4) No payor shall discharge, discipline, refuse to hire
14 or otherwise penalize any obligor because of the duty to
15 withhold income.
16 (H) Petitions to Stay Service or to Modify, Suspend or
17 Terminate Orders for Withholding.
18 (1) When an obligor files a petition to stay service,
19 the court, after due notice to all parties, shall hear the
20 matter as soon as practicable and shall enter an order
21 granting or denying relief, amending the notice of
22 delinquency, amending the order for withholding where
23 applicable, or otherwise resolving the matter. If the court
24 finds that a delinquency existed when the notice of
25 delinquency was served upon the obligor, in an amount of at
26 least one month's support obligation, or that the obligor was
27 at least 30 days late in paying all or part of the order for
28 support, the court shall order immediate service of the order
29 for withholding. Where the court cannot promptly resolve any
30 dispute over the amount of the delinquency, the court may
31 order immediate service of the order for withholding as to
32 any undisputed amounts specified in an amended notice of
33 delinquency, and may continue the hearing on the disputed
34 amounts.
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1 (2) At any time, an obligor, obligee, public office or
2 Clerk of the Circuit Court may petition the court to:
3 (a) modify, suspend or terminate the order for
4 withholding because of a modification, suspension or
5 termination of the underlying order for support; or
6 (b) modify the amount of income to be withheld to
7 reflect payment in full or in part of the delinquency or
8 arrearage by income withholding or otherwise; or
9 (c) suspend the order for withholding because of
10 inability to deliver income withheld to the obligee due
11 to the obligee's failure to provide a mailing address or
12 other means of delivery.
13 (3) The obligor, obligee or public office shall serve on
14 the payor, by certified mail or personal delivery, a copy of
15 any order entered pursuant to this subsection that affects
16 the duties of the payor.
17 (4) At any time, a public office or Clerk of the Circuit
18 Court may serve a notice on the payor to:
19 (a) cease withholding of income for payment of
20 current support for a child when the support obligation
21 for that child has automatically ceased under the order
22 for support through emancipation or otherwise; or
23 (b) cease withholding of income for payment of
24 delinquency or arrearage when the delinquency or
25 arrearage has been paid in full.
26 (5) The notice provided for under paragraph (4) of this
27 subsection shall be served on the payor by ordinary mail, and
28 a copy shall be provided to the obligor and the obligee. A
29 copy of the notice shall be filed with the Clerk of the
30 Circuit Court.
31 (6) The order for withholding shall continue to be
32 binding upon the payor until service of any order of the
33 court or notice entered or provided for under this
34 subsection.
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1 (I) Additional Duties.
2 (1) An obligee who is receiving income withholding
3 payments under this Section shall notify the payor, if the
4 obligee receives the payments directly from the payor, or the
5 public office or the Clerk of the Circuit Court, as
6 appropriate, of any change of address within 7 days of such
7 change.
8 (2) An obligee who is a recipient of public aid shall
9 send a copy of any notice of delinquency filed pursuant to
10 subsection (C) to the Bureau of Child Support of the Illinois
11 Department of Public Aid.
12 (3) Each obligor shall notify the obligee and the Clerk
13 of the Circuit Court of any change of address within 7 days.
14 (4) An obligor whose income is being withheld or who has
15 been served with a notice of delinquency pursuant to this
16 Section shall notify the obligee and the Clerk of the Circuit
17 Court of any new payor, within 7 days.
18 (5) When the Illinois Department of Public Aid is no
19 longer authorized to receive payments for the obligee, it
20 shall, within 7 days, notify the payor or, where appropriate,
21 the Clerk of the Circuit Court, to redirect income
22 withholding payments to the obligee.
23 (6) The obligee or public office shall provide notice to
24 the payor and Clerk of the Circuit Court of any other support
25 payment made, including but not limited to, a set-off under
26 federal and State law or partial payment of the delinquency
27 or arrearage, or both.
28 (7) Any public office and Clerk of the Circuit Court
29 which collects, disburses or receives payments pursuant to
30 orders for withholding shall maintain complete, accurate, and
31 clear records of all payments and their disbursements.
32 Certified copies of payment records maintained by a public
33 office or Clerk of the Circuit Court shall, without further
34 proof, be admitted into evidence in any legal proceedings
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1 under this Section.
2 (8) The Illinois Department of Public Aid shall design
3 suggested legal forms for proceeding under this Section and
4 shall make available to the courts such forms and
5 informational materials which describe the procedures and
6 remedies set forth herein for distribution to all parties in
7 support actions.
8 (9) At the time of transmitting each support payment,
9 the clerk of the circuit court shall provide the obligee or
10 public office, as appropriate, with any information furnished
11 by the payor as to the date income was paid from which such
12 support was withheld.
13 (J) Penalties.
14 (1) Where a payor wilfully fails to withhold or pay over
15 income pursuant to a properly served, specially certified
16 order for withholding and any notice of delinquency, or
17 wilfully discharges, disciplines, refuses to hire or
18 otherwise penalizes an obligor as prohibited by subsection
19 (G), or otherwise fails to comply with any duties imposed by
20 this Section, the obligee, public office or obligor, as
21 appropriate, may file a complaint with the court against the
22 payor. The clerk of the circuit court shall notify the
23 obligee or public office, as appropriate, and the obligor and
24 payor of the time and place of the hearing on the complaint.
25 The court shall resolve any factual dispute including, but
26 not limited to, a denial that the payor is paying or has paid
27 income to the obligor. Upon a finding in favor of the
28 complaining party, the court:
29 (a) shall enter judgment and direct the enforcement
30 thereof for the total amount that the payor wilfully
31 failed to withhold or pay over; and
32 (b) may order employment or reinstatement of or
33 restitution to the obligor, or both, where the obligor
34 has been discharged, disciplined, denied employment or
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1 otherwise penalized by the payor and may impose a fine
2 upon the payor not to exceed $200.
3 (2) Any obligee, public office or obligor who wilfully
4 initiates a false proceeding under this Section or who
5 wilfully fails to comply with the requirements of this
6 Section shall be punished as in cases of contempt of court.
7 (K) Alternative Procedures for Entry and Service of an Order
8 for Withholding.
9 (1) Effective January 1, 1987, in any matter in which an
10 order for withholding has not been entered for any reason,
11 based upon the last order for support that has been entered,
12 and in which the obligor has become delinquent in payment of
13 an amount equal to at least one month's support obligation
14 pursuant to the last order for support or is at least 30 days
15 late in complying with all or part of the order for support,
16 the obligee or public office may prepare and serve an order
17 for withholding pursuant to the procedures set forth in this
18 subsection.
19 (2) The obligee or public office shall:
20 (a) prepare a proposed order for withholding for
21 immediate service as provided by paragraphs (1) and (3)
22 of subsection (B), except that the minimum 20%
23 delinquency payment shall be used;
24 (b) prepare a notice of delinquency as provided by
25 paragraphs (1) and (2) of subsection (C), except the
26 notice shall state further that the order for withholding
27 has not been entered by the court and the conditions
28 under which the order will be entered; and
29 (c) serve the notice of delinquency and form
30 petition to stay service as provided by paragraph (3) of
31 subsection (C), together with the proposed order for
32 withholding, which shall be marked "COPY ONLY".
33 (3) After 20 days following service of the notice of
34 delinquency and proposed order for withholding, in lieu of
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1 the provisions of subsection (E), the obligee or public
2 office shall file with the Clerk of the Circuit Court an
3 affidavit, with a copy of the notice of delinquency and
4 proposed order for withholding attached thereto, stating
5 that:
6 (a) the notice of delinquency and proposed order
7 for withholding have been served upon the obligor and the
8 date on which service was effected;
9 (b) the obligor has not filed a petition to stay
10 service within 20 days of service of such notice and
11 order; and
12 (c) the proposed order for withholding accurately
13 states the terms and amounts contained in the last order
14 for support.
15 (4) Upon the court's satisfaction that the procedures
16 set forth in this subsection have been met, it shall enter
17 the order for withholding.
18 (5) The Clerk shall then provide to the obligee or
19 public office a specially certified copy of the order for
20 withholding and the notice of delinquency indicating that the
21 preconditions for service have been met.
22 (6) The obligee or public office shall serve the
23 specially certified copies of the order for withholding and
24 the notice of delinquency on the payor, its superintendent,
25 manager or other agent by certified mail or personal
26 delivery. A proof of service shall be filed with the Clerk
27 of the Circuit Court.
28 (7) If the obligor requests in writing that income
29 withholding become effective prior to becoming delinquent in
30 payment of an amount equal to one month's support obligation
31 pursuant to the last order for support, or prior to becoming
32 30 days late in paying all or part of the order for support,
33 the obligee or public office shall file an affidavit with the
34 Clerk of the circuit Court, with a proposed order for
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1 withholding attached, stating that the proposed order
2 accurately states the terms and amounts contained in the last
3 order for support and the obligor's request for immediate
4 service. The provisions of paragraphs (4) through (6) of this
5 subsection shall apply, except that a notice of delinquency
6 shall not be required.
7 (8) All other provisions of this Section shall be
8 applicable with respect to the provisions of this subsection
9 (K), except that under paragraph (1) of subsection (H), the
10 court may also amend the proposed order for withholding to
11 conform to the last order for support.
12 (9) Nothing in this subsection shall be construed as
13 limiting the requirements of paragraph (1) of subsection (B)
14 with respect to the entry of a separate order for withholding
15 upon entry of any order for support.
16 (L) Remedies in Addition to Other Laws.
17 (1) The rights, remedies, duties and penalties created
18 by this Section are in addition to and not in substitution
19 for any other rights, remedies, duties and penalties created
20 by any other law.
21 (2) Nothing in this Section shall be construed as
22 invalidating any assignment of wages or benefits executed
23 prior to January 1, 1984.
24 (Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
25 88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
26 (Text of Section after amendment by P.A. 89-507)
27 Sec. 26.1. Withholding of Income to Secure Payment of
28 Support.
29 (A) Definitions.
30 (1) "Order for support" means any order of the court
31 which provides for periodic payment of funds for the support
32 of a child or maintenance of a spouse, whether temporary or
33 final, and includes any such order which provides for:
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1 (a) modification or resumption of, or payment of
2 arrearage accrued under, a previously existing order;
3 (b) reimbursement of support; or
4 (c) enrollment in a health insurance plan that is
5 available to the obligor through an employer or labor
6 union or trade union.
7 (2) "Arrearage" means the total amount of unpaid support
8 obligations as determined by the court and incorporated into
9 an order for support.
10 (3) "Delinquency" means any payment under an order for
11 support which becomes due and remains unpaid after entry of
12 the an order for support withholding has been entered under
13 subsection (B) or, for purposes of subsection (K), after the
14 last order for support was entered for which no order for
15 withholding was entered.
16 (4) "Income" means any form of periodic payment to an
17 individual, regardless of source, including, but not limited
18 to: wages, salary, commission, compensation as an independent
19 contractor, workers' compensation, disability, annuity,
20 pension, and retirement benefits, lottery prize awards,
21 insurance proceeds, vacation pay, bonuses, profit-sharing
22 payments, interest, and any other payments, made by any
23 person, private entity, federal or state government, any unit
24 of local government, school district or any entity created by
25 Public Act; however, "income" excludes:
26 (a) any amounts required by law to be withheld,
27 other than creditor claims, including, but not limited
28 to, federal, State and local taxes, Social Security and
29 other retirement and disability contributions;
30 (b) union dues;
31 (c) any amounts exempted by the federal Consumer
32 Credit Protection Act;
33 (d) public assistance payments; and
34 (e) unemployment insurance benefits except as
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1 provided by law.
2 Any other State or local laws which limit or exempt
3 income or the amount or percentage of income that can be
4 withheld shall not apply.
5 (5) "Obligor" means the individual who owes a duty to
6 make payments under an order for support.
7 (6) "Obligee" means the individual to whom a duty of
8 support is owed or the individual's legal representative.
9 (7) "Payor" means any payor of income to an obligor.
10 (8) "Public office" means any elected official or any
11 State or local agency which is or may become responsible by
12 law for enforcement of, or which is or may become authorized
13 to enforce, an order for support, including, but not limited
14 to: the Attorney General, the Illinois Department of Public
15 Aid, the Illinois Department of Human Services, the Illinois
16 Department of Children and Family Services, and the various
17 State's Attorneys, Clerks of the Circuit Court and
18 supervisors of general assistance.
19 (9) "Premium" means the dollar amount for which the
20 obligor is liable to his employer or labor union or trade
21 union and which must be paid to enroll or maintain a child in
22 a health insurance plan that is available to the obligor
23 through an employer or labor union or trade union.
24 (B) Entry of Order for Support Containing Income Withholding
25 Provisions; Income Withholding Notice.
26 (1) In addition to any content required under other
27 laws, every order for support entered on or after July 1,
28 1997, shall:
29 (a) Require an income withholding notice to be
30 prepared and served immediately upon any payor of the
31 obligor by the obligee or public office, unless a written
32 agreement is reached between and signed by both parties
33 providing for an alternative arrangement, approved and
34 entered into the record by the court, which ensures
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1 payment of support. In that case, the order for support
2 shall provide that an income withholding notice is to be
3 prepared and served only if the obligor becomes
4 delinquent in paying the order for support; and
5 (b) Contain a dollar amount to be paid until
6 payment in full of any delinquency that accrues after
7 entry of the order for support. The amount for payment
8 of delinquency shall not be less than 20% of the total of
9 the current support amount and the amount to be paid
10 periodically for payment of any arrearage stated in the
11 order for support; and
12 (c) Include the obligor's Social Security Number,
13 which the obligor shall disclose to the court. If the
14 obligor is not a United States citizen, the obligor shall
15 disclose to the court, and the court shall include in the
16 order for support, the obligor's alien registration
17 number, passport number, and home country's social
18 security or national health number, if applicable.
19 (2) At the time the order for support is entered, the
20 Clerk of the Circuit Court shall provide a copy of the order
21 to the obligor and shall make copies available to the obligee
22 and public office.
23 (3) The income withholding notice shall:
24 (a) Be in the standard format prescribed by the
25 federal Department of Health and Human Services; and
26 (b) Direct any payor to withhold the dollar amount
27 required for current support under the order for support;
28 and
29 (c) Direct any payor to withhold the dollar amount
30 required to be paid periodically under the order for
31 support for payment of the amount of any arrearage stated
32 in the order for support; and
33 (d) Direct any payor or labor union or trade union
34 to enroll a child as a beneficiary of a health insurance
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1 plan and withhold or cause to be withheld, if applicable,
2 any required premiums; and
3 (e) State the amount of the payor income
4 withholding fee specified under this Section; and
5 (f) State that the amount actually withheld from
6 the obligor's income for support and other purposes,
7 including the payor withholding fee specified under this
8 Section, may not be in excess of the maximum amount
9 permitted under the federal Consumer Credit Protection
10 Act; and
11 (g) State the duties of the payor and the fines and
12 penalties for failure to withhold and pay over income and
13 for discharging, disciplining, refusing to hire, or
14 otherwise penalizing the obligor because of the duty to
15 withhold and pay over income under this Section; and
16 (h) State the rights, remedies, and duties of the
17 obligor under this Section; and
18 (i) Include the obligor's Social Security Number;
19 and
20 (j) Include the date that withholding for current
21 support terminates, which shall be the date of
22 termination of the current support obligation set forth
23 in the order for support.
24 (4) The accrual of a delinquency as a condition for
25 service of an income withholding notice, under the exception
26 to immediate withholding in paragraph (1) of this subsection,
27 shall apply only to the initial service of an income
28 withholding notice on a payor of the obligor.
29 (5) Notwithstanding the exception to immediate
30 withholding contained in paragraph (1) of this subsection, if
31 the court finds at the time of any hearing that an arrearage
32 has accrued, the court shall order immediate service of an
33 income withholding notice upon the payor.
34 (6) If the order for support, under the exception to
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1 immediate withholding contained in paragraph (1) of this
2 subsection, provides that an income withholding notice is to
3 be prepared and served only if the obligor becomes delinquent
4 in paying the order for support, the obligor may execute a
5 written waiver of that condition and request immediate
6 service on the payor.
7 (7) The obligee or public office may serve the income
8 withholding notice on the payor or its superintendent,
9 manager, or other agent by ordinary mail or certified mail
10 return receipt requested, by facsimile transmission or other
11 electronic means, by personal delivery, or by any method
12 provided by law for service of a summons. At the time of
13 service on the payor and as notice that withholding has
14 commenced, the obligee or public office shall serve a copy of
15 the income withholding notice on the obligor by ordinary mail
16 addressed to his or her last known address. Proofs of
17 service on the payor and the obligor shall be filed with the
18 Clerk of the Circuit Court.
19 (8) At any time after the initial service of an income
20 withholding notice under this Section, any other payor of the
21 obligor may be served with the same income withholding notice
22 without further notice to the obligor.
23 (C) Income Withholding After Accrual of Delinquency.
24 (1) Whenever an obligor accrues a delinquency, the
25 obligee or public office may prepare and serve upon the
26 obligor's payor an income withholding notice that:
27 (a) Contains the information required under
28 paragraph (3) of subsection (B); and
29 (b) Contains a computation of the period and total
30 amount of the delinquency as of the date of the notice;
31 and
32 (c) Directs the payor to withhold the dollar amount
33 required to be withheld periodically under the order for
34 support for payment of the delinquency.
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1 (2) The income withholding notice and the obligor's copy
2 of the income withholding notice shall be served as provided
3 in paragraph (7) of subsection (B).
4 (3) The obligor may contest withholding commenced under
5 this subsection by filing a petition to contest withholding
6 with the Clerk of the Circuit Court within 20 days after
7 service of a copy of the income withholding notice on the
8 obligor. However, the grounds for the petition to contest
9 withholding shall be limited to:
10 (a) A dispute concerning the existence or amount of
11 the delinquency; or
12 (b) The identity of the obligor.
13 The Clerk of the Circuit Court shall notify the obligor
14 and the obligee or public office of the time and place of the
15 hearing on the petition to contest withholding. The court
16 shall hold the hearing pursuant to the provisions of
17 subsection (F).
18 (D) Initiated Withholding.
19 (1) Notwithstanding any other provision of this Section,
20 if the court has not required that income withholding take
21 effect immediately, the obligee or public office may initiate
22 withholding, regardless of whether a delinquency has accrued,
23 by preparing and serving an income withholding notice on the
24 payor that contains the information required under paragraph
25 (3) of subsection (B) and states that the parties' written
26 agreement providing an alternative arrangement to immediate
27 withholding under paragraph (1) of subsection (B) no longer
28 ensures payment of support and the reason or reasons why it
29 does not.
30 (2) The income withholding notice and the obligor's copy
31 of the income withholding notice shall be served as provided
32 in paragraph (7) of subsection (B).
33 (3) The obligor may contest withholding commenced under
34 this subsection by filing a petition to contest withholding
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1 with the Clerk of the Circuit Court within 20 days after
2 service of a copy of the income withholding notice on the
3 obligor. However, the grounds for the petition shall be
4 limited to a dispute concerning:
5 (a) whether the parties' written agreement providing
6 an alternative arrangement to immediate withholding under
7 paragraph (1) of subsection (B) continues to ensure
8 payment of support; or
9 (b) the identity of the obligor.
10 It shall not be grounds for filing a petition that the
11 obligor has made all payments due by the date of the
12 petition.
13 (4) If the obligor files a petition contesting
14 withholding within the 20-day period required under paragraph
15 (3), the Clerk of the Circuit Court shall notify the obligor
16 and the obligee or public office, as appropriate, of the time
17 and place of the hearing on the petition. The court shall
18 hold the hearing pursuant to the provisions of subsection
19 (F).
20 (B) Entry of an Order for Withholding.
21 (1) Upon entry of any order for support on or after
22 January 1, 1984, the court shall enter a separate order for
23 withholding which shall not take effect unless the obligor
24 becomes delinquent in paying the order for support or the
25 obligor requests an earlier effective date; except that the
26 court may require the order for withholding to take effect
27 immediately.
28 On or after January 1, 1989, the court shall require the
29 order for withholding to take effect immediately, unless a
30 written agreement is reached between and signed by both
31 parties providing for an alternative arrangement, approved
32 and entered into the record by the court, which insures
33 payment of support. In that case, the court shall enter the
34 order for withholding which will not take effect unless the
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1 obligor becomes delinquent in paying the order for support.
2 Upon entry of any order of support on or after September
3 11, 1989, if the obligor is not a United States citizen, the
4 obligor shall provide to the court the obligor's alien
5 registration number, passport number, and home country's
6 social security or national health number, if applicable; the
7 court shall make the information part of the record in the
8 case.
9 (2) An order for withholding shall be entered upon
10 petition by the obligee or public office where an order for
11 withholding has not been previously entered.
12 (3) The order for withholding shall:
13 (a) direct any payor to withhold a dollar amount
14 equal to the order for support; and
15 (b) direct any payor to withhold an additional
16 dollar amount, not less than 20% of the order for
17 support, until payment in full of any delinquency stated
18 in the notice of delinquency provided for in subsection
19 (C) or (F) of this Section; and
20 (c) direct any payor or labor union or trade union
21 to enroll a child as a beneficiary of a health insurance
22 plan and withhold or cause to be withheld, if applicable,
23 any required premiums; and
24 (d) state the rights, remedies and duties of the
25 obligor under this Section; and
26 (e) include the obligor's Social Security Number,
27 which the obligor shall disclose to the court; and
28 (f) include the date that withholding for current
29 support terminates, which shall be the date of
30 termination of the current support obligation set forth
31 in the order for support.
32 (4) At the time the order for withholding is entered,
33 the Clerk of the Circuit Court shall provide a copy of the
34 order for withholding and the order for support to the
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1 obligor and shall make copies available to the obligee and
2 public office. Any copy of the order for withholding
3 furnished to the parties under this subsection shall be
4 stamped "Not Valid".
5 (5) The order for withholding shall remain in effect for
6 as long as the order for support upon which it is based.
7 (6) The failure of an order for withholding to state an
8 arrearage is not conclusive of the issue of whether an
9 arrearage is owing.
10 (7) Notwithstanding the provisions of this subsection,
11 if the court finds at the time of any hearing that an
12 arrearage has accrued in an amount equal to at least one
13 month's support obligation or that the obligor is 30 days
14 late in paying all or part of the order for support, the
15 court shall order immediate service of the order for
16 withholding upon the payor.
17 (8) Where the court has not required that the order for
18 withholding take effect immediately, the obligee or public
19 office may prepare and serve a notice for immediate
20 withholding upon the obligor by ordinary mail addressed to
21 the obligor at his or her last known address. The notice
22 shall state that the following circumstances have occurred:
23 (a) The parties' written agreement providing an
24 alternative arrangement to immediate withholding under
25 paragraph (1) of this subsection no longer provides for
26 timely payment of all support due; or
27 (b) The obligor has not made timely payments in
28 that the obligor has been at least 7 days late in paying
29 all or part of the order for support any of the last 6
30 consecutive dates payments were due prior to the date of
31 the notice for immediate withholding.
32 The notice for immediate withholding shall clearly state
33 that a specially certified copy of the order for withholding
34 will be sent to the payor, unless the obligor files a
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1 petition contesting immediate withholding within 20 days
2 after service of the notice; however, the grounds for the
3 petition shall be limited to a dispute concerning whether the
4 circumstances stated in the notice have occurred or the
5 identity of the obligor. It shall not be grounds for the
6 petition that the obligor has made all payments due by the
7 date of the petition.
8 If the obligor files a petition contesting immediate
9 withholding within the 20-day period required under this
10 paragraph, the Clerk of the Circuit Court shall notify the
11 obligor and the obligee or public office, as appropriate, of
12 the time and place of the hearing on the petition. Upon
13 hearing the petition, the court shall enter an order granting
14 or denying relief. It shall not be grounds for granting the
15 obligor's petition that he or she has made all payments due
16 by the date of hearing. If the court denies the obligor's
17 petition, it shall order immediate service of the order for
18 withholding and direct the clerk to provide a specially
19 certified copy of the order for withholding to the obligee or
20 public office indicating that the requirements for immediate
21 withholding under this paragraph have been met.
22 If the obligor does not file a petition contesting
23 immediate withholding within the 20-day period, the obligee
24 or public office shall file with the Clerk of the Circuit
25 Court an affidavit, with a copy of the notice for immediate
26 withholding attached thereto, stating that the notice was
27 duly served and the date on which service was effected, and
28 that the obligor has not filed a petition contesting
29 immediate withholding. The clerk shall then provide to the
30 obligee or public office a specially certified copy of the
31 order for withholding indicating that the requirements for
32 immediate withholding under this paragraph have been met.
33 Upon receipt of a specially certified copy of the order
34 for withholding, the obligee or public office may serve the
HB1707 Enrolled -299- LRB9902989SMpk
1 order on the payor, its superintendent, manager or other
2 agent, by certified mail or personal delivery. A proof of
3 service shall be filed with the Clerk of the Circuit Court.
4 (C) Notice of Delinquency.
5 (1) Whenever an obligor becomes delinquent in payment of
6 an amount equal to at least one month's support obligation
7 pursuant to the order for support or is at least 30 days late
8 in complying with all or part of the order for support,
9 whichever occurs first, the obligee or public office may
10 prepare and serve a verified notice of delinquency, together
11 with a form petition to stay service, pursuant to paragraph
12 (3) of this subsection.
13 (2) The notice of delinquency shall recite the terms of
14 the order for support and contain a computation of the period
15 and total amount of the delinquency, as of the date of the
16 notice. The notice shall clearly state that it will be sent
17 to the payor, together with a specially certified copy of the
18 order for withholding, except as provided in subsection (F),
19 unless the obligor files a petition to stay service in
20 accordance with paragraph (1) of subsection (D).
21 (3) The notice of delinquency shall be served by
22 ordinary mail addressed to the obligor at his or her last
23 known address.
24 (4) The obligor may execute a written waiver of the
25 provisions of paragraphs (1) through (3) of this subsection
26 and request immediate service upon the payor.
27 (D) Procedures to Avoid Income Withholding.
28 (1) Except as provided in subsection (F), the obligor
29 may prevent an order for withholding from being served by
30 filing a petition to stay service with the Clerk of the
31 Circuit Court, within 20 days after service of the notice of
32 delinquency; however, the grounds for the petition to stay
33 service shall be limited to a dispute concerning: (a) the
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1 amount of current support or the existence or amount of the
2 delinquency; or (b) the identity of the obligor.
3 The Clerk of the Circuit Court shall notify the obligor
4 and the obligee or public office, as appropriate, of the time
5 and place of the hearing on the petition to stay service. The
6 court shall hold such hearing pursuant to the provisions of
7 subsection (H).
8 (2) Except as provided in subsection (F), filing of a
9 petition to stay service, within the 20-day period required
10 under this subsection, shall prohibit the obligee or public
11 office from serving the order for withholding on any payor of
12 the obligor.
13 (E) Initial Service of Order for Withholding.
14 (1) Except as provided in subsection (F), in order to
15 serve an order for withholding upon a payor, an obligee or
16 public office shall follow the procedures set forth in this
17 subsection. After 20 days following service of the notice of
18 delinquency, the obligee or public office shall file with the
19 Clerk of the Circuit Court an affidavit, with the copy of the
20 notice of delinquency attached thereto, stating:
21 (a) that the notice of delinquency has been duly
22 served and the date on which service was effected; and
23 (b) that the obligor has not filed a petition to
24 stay service, or in the alternative
25 (c) that the obligor has waived the provisions of
26 subparagraphs (a) and (b) of this paragraph (1) in
27 accordance with subsection (C)(4).
28 (2) Upon request of the obligee or public office, the
29 Clerk of the Circuit shall: (a) make available any record of
30 payment; and (b) determine that the file contains a copy of
31 the affidavit described in paragraph (1). The Clerk shall
32 then provide to the obligee or public office a specially
33 certified copy of the order for withholding and the notice of
34 delinquency indicating that the preconditions for service
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1 have been met.
2 (3) The obligee or public office may then serve the
3 notice of delinquency and order for withholding on the payor,
4 its superintendent, manager or other agent, by certified mail
5 or personal delivery. A proof of service shall be filed with
6 the Clerk of the Circuit Court.
7 (F) Subsequent Service of Order for Withholding.
8 (1) Notwithstanding the provisions of this Section, at
9 any time after the court has ordered immediate service of an
10 order for withholding or after initial service of an order
11 for withholding pursuant to subsection (E), the obligee or
12 public office may serve the order for withholding upon any
13 payor of the obligor without further notice to the obligor.
14 The obligee or public office shall provide notice to the
15 payor, pursuant to paragraph (6) of subsection (I), of any
16 payments that have been made through previous withholding or
17 any other method.
18 (2) The Clerk of the Circuit Court shall, upon request,
19 provide the obligee or public office with specially certified
20 copies of the order for withholding or the notice of
21 delinquency or both whenever the Court has ordered immediate
22 service of an order for withholding or an affidavit has been
23 placed in the court file indicating that the preconditions
24 for service have been previously met. The obligee or public
25 office may then serve the order for withholding on the payor,
26 its superintendent, manager or other agent by certified mail
27 or personal delivery. A proof of service shall be filed with
28 the Clerk of the Circuit Court.
29 (3) If a delinquency has accrued for any reason, the
30 obligee or public office may serve a notice of delinquency
31 upon the obligor pursuant to subsection (C). The obligor may
32 prevent the notice of delinquency from being served upon the
33 payor by utilizing the procedures set forth in subsection
34 (D). If no petition to stay service has been filed within the
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1 required 20 day time period, the obligee or public office may
2 serve the notice of delinquency on the payor by utilizing the
3 procedures for service set forth in subsection (E).
4 (E) (G) Duties of Payor.
5 (1) It shall be the duty of any payor who has been
6 served with an income withholding a copy of the specially
7 certified order for withholding and any notice of delinquency
8 to deduct and pay over income as provided in this subsection.
9 The payor shall deduct the amount designated in the income
10 order for withholding notice, as supplemented by the notice
11 of delinquency and any notice provided pursuant to paragraph
12 (6) of subsection (G) (I), beginning no later than the next
13 payment of income which is payable or creditable to the
14 obligor that occurs 14 days following the date the income
15 withholding order and any notice was were mailed, sent by
16 facsimile or other electronic means, by certified mail or
17 placed for personal delivery to or service on the payor. The
18 payor may combine all amounts withheld for the benefit of an
19 obligee or public office into a single payment and transmit
20 the payment with a listing of obligors from whom withholding
21 has been effected. The payor shall pay the amount withheld to
22 the obligee or public office within 7 business days after the
23 date the amount would (but for the duty to withhold income)
24 have been paid or credited to the obligor 10 calendar days of
25 the date income is paid to the obligor in accordance with the
26 order for withholding and any subsequent notification
27 received from the public office redirecting payments. If the
28 payor knowingly fails to pay any amount withheld to the
29 obligee or public office within 7 business days after the
30 date the amount would have been 10 calendar days of the date
31 income is paid or credited to the obligor, the payor shall
32 pay a penalty of $100 for each day that the withheld amount
33 is not paid to the obligee or public office after the period
34 of 7 business 10 calendar days has expired. The failure of a
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1 payor, on more than one occasion, to pay amounts withheld to
2 the obligee or public office within 7 business days after the
3 date the amount would have been 10 calendar days of the date
4 income is paid or credited to the obligor creates a
5 presumption that the payor knowingly failed to pay over the
6 amounts. This penalty may be collected in a civil action
7 which may be brought against the payor in favor of the
8 obligee or public office. For purposes of this Section, a
9 withheld amount shall be considered paid by a payor on the
10 date it is mailed by the payor, or on the date an electronic
11 funds transfer of the amount has been initiated by the payor,
12 or on the date delivery of the amount has been initiated by
13 the payor. For each deduction, the payor shall provide the
14 obligee or public office, at the time of transmittal, with
15 the date the amount would (but for the duty to withhold
16 income) have been paid or credited to the obligor income was
17 paid from which support was withheld.
18 Upon receipt of an income withholding notice order
19 requiring that a minor child be named as a beneficiary of a
20 health insurance plan available through an employer or labor
21 union or trade union, the employer or labor union or trade
22 union shall immediately enroll the minor child as a
23 beneficiary in the the health insurance plan designated by
24 the income withholding notice court order. The employer shall
25 withhold any required premiums and pay over any amounts so
26 withheld and any additional amounts the employer pays to the
27 insurance carrier in a timely manner. The employer or labor
28 union or trade union shall mail to the obligee, within 15
29 days of enrollment or upon request, notice of the date of
30 coverage, information on the dependent coverage plan, and all
31 forms necessary to obtain reimbursement for covered health
32 expenses, such as would be made available to a new employee.
33 When an order for dependent coverage is in effect and the
34 insurance coverage is terminated or changed for any reason,
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1 the employer or labor union or trade union shall notify the
2 obligee within 10 days of the termination or change date
3 along with notice of conversion privileges.
4 For withholding of income, the payor shall be entitled to
5 receive a fee not to exceed $5 per month to be taken from the
6 income to be paid to the obligor.
7 (2) Whenever the obligor is no longer receiving income
8 from the payor, the payor shall return a copy of the income
9 order for withholding notice to the obligee or public office
10 and shall provide information for the purpose of enforcing
11 this Section.
12 (3) Withholding of income under this Section shall be
13 made without regard to any prior or subsequent garnishments,
14 attachments, wage assignments, or any other claims of
15 creditors. Withholding of income under this Section shall
16 not be in excess of the maximum amounts permitted under the
17 federal Consumer Credit Protection Act. If the payor has been
18 served with more than one income order for withholding notice
19 pertaining to the same obligor, the payor shall allocate
20 income available for withholding on a proportionate share
21 basis, giving priority to current support payments. If there
22 is any income available for withholding after withholding for
23 all current support obligations, the payor shall allocate the
24 income to past due support payments ordered in cases in which
25 cash assistance under the Illinois Public Aid Code is not
26 being provided to the obligee non-AFDC matters and then to
27 past due support payments ordered in cases in which
28 assistance under the Illinois Public Aid Code is being
29 provided to the obligee AFDC matters, both on a proportionate
30 share basis. A payor who complies with an income withholding
31 notice that is regular on its face shall not be subject to
32 civil liability with respect to any individual, any agency,
33 or any creditor of the obligor for conduct in compliance with
34 the notice. Payment as required by the order for withholding
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1 shall be a complete defense by the payor against any claims
2 of the obligor or his creditors as to the sum so paid.
3 (4) No payor shall discharge, discipline, refuse to hire
4 or otherwise penalize any obligor because of the duty to
5 withhold income.
6 (F) (H) Petitions to Contest Withholding Stay Service or to
7 Modify, Suspend, or Terminate, or Correct Income Orders for
8 Withholding Notices.
9 (1) When an obligor files a petition to contest
10 withholding stay service, the court, after due notice to all
11 parties, shall hear the matter as soon as practicable and
12 shall enter an order granting or denying relief, ordering
13 service of an amended income withholding notice amending the
14 notice of delinquency, amending the order for withholding,
15 where applicable, or otherwise resolving the matter.
16 The court shall deny the obligor's petition if the court
17 finds that when the income withholding notice was mailed,
18 sent by facsimile transmission or other electronic means, or
19 placed for personal delivery to or service on the payor:
20 (a) A delinquency existed; or
21 (b) The parties' written agreement providing an
22 alternative arrangement to immediate withholding under
23 paragraph (1) of subsection (B) no longer ensured payment
24 of support. If the court finds that a delinquency existed
25 when the notice of delinquency was served upon the
26 obligor, in an amount of at least one month's support
27 obligation, or that the obligor was at least 30 days late
28 in paying all or part of the order for support, the court
29 shall order immediate service of the order for
30 withholding. Where the court cannot promptly resolve any
31 dispute over the amount of the delinquency, the court may
32 order immediate service of the order for withholding as
33 to any undisputed amounts specified in an amended notice
34 of delinquency, and may continue the hearing on the
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1 disputed amounts.
2 (2) At any time, an obligor, obligee, public office or
3 Clerk of the Circuit Court may petition the court to:
4 (a) modify, suspend or terminate the income order
5 for withholding notice because of a modification,
6 suspension or termination of the underlying order for
7 support; or
8 (b) modify the amount of income to be withheld to
9 reflect payment in full or in part of the delinquency or
10 arrearage by income withholding or otherwise; or
11 (c) suspend the income order for withholding notice
12 because of inability to deliver income withheld to the
13 obligee due to the obligee's failure to provide a mailing
14 address or other means of delivery.
15 (3) At any time an obligor may petition the court to
16 correct a term contained in an income withholding notice to
17 conform to that stated in the underlying order for support
18 for:
19 (a) The amount of current support;
20 (b) The amount of the arrearage;
21 (c) The periodic amount for payment of the
22 arrearage; or
23 (d) The periodic amount for payment of the
24 delinquency.
25 (4) (3) The obligor, obligee or public office shall
26 serve on the payor, in the manner provided for service of
27 income withholding notices in paragraph (7) of subsection (B)
28 by certified mail or personal delivery, a copy of any order
29 entered pursuant to this subsection that affects the duties
30 of the payor.
31 (5) (4) At any time, a public office or Clerk of the
32 Circuit Court may serve a notice on the payor to:
33 (a) Cease withholding of income for payment of
34 current support for a child when the support obligation
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1 for that child has automatically ceased under the order
2 for support through emancipation or otherwise; or
3 (b) Cease withholding of income for payment of
4 delinquency or arrearage when the delinquency or
5 arrearage has been paid in full.
6 (6) (5) The notice provided for under paragraph (5) (4)
7 of this subsection shall be served on the payor in the manner
8 provided for service of income withholding notices in
9 paragraph (7) of subsection (B) by ordinary mail, and a copy
10 shall be provided to the obligor and the obligee. A copy of
11 the notice shall be filed with the Clerk of the Circuit
12 Court.
13 (7) (6) The income order for withholding notice shall
14 continue to be binding upon the payor until service of an
15 amended income withholding notice or any order of the court
16 or notice entered or provided for under this subsection.
17 (G) (I) Additional Duties.
18 (1) An obligee who is receiving income withholding
19 payments under this Section shall notify the payor, if the
20 obligee receives the payments directly from the payor, or the
21 public office or the Clerk of the Circuit Court, as
22 appropriate, of any change of address within 7 days of such
23 change.
24 (2) An obligee who is a recipient of public aid shall
25 send a copy of any income withholding notice served by the
26 obligee of delinquency filed pursuant to subsection (C) to
27 the Division Bureau of Child Support Enforcement of the
28 Illinois Department of Public Aid.
29 (3) Each obligor shall notify the obligee, the public
30 office, and the Clerk of the Circuit Court of any change of
31 address within 7 days.
32 (4) An obligor whose income is being withheld or who has
33 been served with a notice of delinquency pursuant to this
34 Section shall notify the obligee, the public office, and the
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1 Clerk of the Circuit Court of any new payor, within 7 days.
2 (5) When the Illinois Department of Public Aid is no
3 longer authorized to receive payments for the obligee, it
4 shall, within 7 days, notify the payor or, where appropriate,
5 the Clerk of the Circuit Court, to redirect income
6 withholding payments to the obligee.
7 (6) The obligee or public office shall provide notice to
8 the payor and Clerk of the Circuit Court of any other support
9 payment made, including but not limited to, a set-off under
10 federal and State law or partial payment of the delinquency
11 or arrearage, or both.
12 (7) Any public office and Clerk of the Circuit Court
13 which collects, disburses or receives payments pursuant to
14 income orders for withholding notices shall maintain
15 complete, accurate, and clear records of all payments and
16 their disbursements. Certified copies of payment records
17 maintained by a public office or Clerk of the Circuit Court
18 shall, without further proof, be admitted into evidence in
19 any legal proceedings under this Section.
20 (8) The Illinois Department of Public Aid shall design
21 suggested legal forms for proceeding under this Section and
22 shall make available to the courts such forms and
23 informational materials which describe the procedures and
24 remedies set forth herein for distribution to all parties in
25 support actions.
26 (9) At the time of transmitting each support payment,
27 the clerk of the circuit court shall provide the obligee or
28 public office, as appropriate, with any information furnished
29 by the payor as to the date the amount would (but for the
30 duty to withhold income) have been paid or credited to the
31 obligor income was paid from which such support was
32 withheld.
33 (H) (J) Penalties.
34 (1) Where a payor wilfully fails to withhold or pay over
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1 income pursuant to a properly served income withholding
2 notice, specially certified order for withholding and any
3 notice of delinquency, or wilfully discharges, disciplines,
4 refuses to hire or otherwise penalizes an obligor as
5 prohibited by subsection (E) (G), or otherwise fails to
6 comply with any duties imposed by this Section, the obligee,
7 public office or obligor, as appropriate, may file a
8 complaint with the court against the payor. The clerk of the
9 circuit court shall notify the obligee or public office, as
10 appropriate, and the obligor and payor of the time and place
11 of the hearing on the complaint. The court shall resolve any
12 factual dispute including, but not limited to, a denial that
13 the payor is paying or has paid income to the obligor. Upon
14 a finding in favor of the complaining party, the court:
15 (a) shall enter judgment and direct the enforcement
16 thereof for the total amount that the payor wilfully
17 failed to withhold or pay over; and
18 (b) may order employment or reinstatement of or
19 restitution to the obligor, or both, where the obligor
20 has been discharged, disciplined, denied employment or
21 otherwise penalized by the payor and may impose a fine
22 upon the payor not to exceed $200.
23 (2) Any obligee, public office or obligor who wilfully
24 initiates a false proceeding under this Section or who
25 wilfully fails to comply with the requirements of this
26 Section shall be punished as in cases of contempt of court.
27 (I) Alternative Procedures for Service of an Income
28 Withholding Notice.
29 (1) The procedures of this subsection may be used in any
30 matter to serve an income withholding notice on a payor if:
31 (a) For any reason the most recent order for
32 support entered does not contain the income withholding
33 provisions required under subsection (B), irrespective of
34 whether a separate order for withholding was entered
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1 prior to July 1, 1997; and
2 (b) The obligor has accrued a delinquency after
3 entry of the most recent order for support.
4 (2) The obligee or public office shall prepare and serve
5 the income withholding notice in accordance with the
6 provisions of subsection (C), except that the notice shall
7 contain a periodic amount for payment of the delinquency
8 equal to 20% of the total of the current support amount and
9 the amount to be paid periodically for payment of any
10 arrearage stated in the most recent order for support.
11 (3) If the obligor requests in writing that income
12 withholding become effective prior to the obligor accruing a
13 delinquency under the most recent order for support, the
14 obligee or public office may prepare and serve an income
15 withholding notice on the payor as provided in subsection
16 (B). In addition to filing proofs of service of the income
17 withholding notice on the payor and the obligor, the obligee
18 or public office shall file a copy of the obligor's written
19 request for income withholding with the Clerk of the Circuit
20 Court.
21 (4) All other provisions of this Section shall be
22 applicable with respect to the provisions of this subsection
23 (I).
24 (K) Alternative Procedures for Entry and Service of an Order
25 for Withholding.
26 (1) Effective January 1, 1987, in any matter in which an
27 order for withholding has not been entered for any reason,
28 based upon the last order for support that has been entered,
29 and in which the obligor has become delinquent in payment of
30 an amount equal to at least one month's support obligation
31 pursuant to the last order for support or is at least 30 days
32 late in complying with all or part of the order for support,
33 the obligee or public office may prepare and serve an order
34 for withholding pursuant to the procedures set forth in this
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1 subsection.
2 (2) The obligee or public office shall:
3 (a) prepare a proposed order for withholding for
4 immediate service as provided by paragraphs (1) and (3)
5 of subsection (B), except that the minimum 20%
6 delinquency payment shall be used;
7 (b) prepare a notice of delinquency as provided by
8 paragraphs (1) and (2) of subsection (C), except the
9 notice shall state further that the order for withholding
10 has not been entered by the court and the conditions
11 under which the order will be entered; and
12 (c) serve the notice of delinquency and form
13 petition to stay service as provided by paragraph (3) of
14 subsection (C), together with the proposed order for
15 withholding, which shall be marked "COPY ONLY".
16 (3) After 20 days following service of the notice of
17 delinquency and proposed order for withholding, in lieu of
18 the provisions of subsection (E), the obligee or public
19 office shall file with the Clerk of the Circuit Court an
20 affidavit, with a copy of the notice of delinquency and
21 proposed order for withholding attached thereto, stating
22 that:
23 (a) the notice of delinquency and proposed order
24 for withholding have been served upon the obligor and the
25 date on which service was effected;
26 (b) the obligor has not filed a petition to stay
27 service within 20 days of service of such notice and
28 order; and
29 (c) the proposed order for withholding accurately
30 states the terms and amounts contained in the last order
31 for support.
32 (4) Upon the court's satisfaction that the procedures
33 set forth in this subsection have been met, it shall enter
34 the order for withholding.
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1 (5) The Clerk shall then provide to the obligee or
2 public office a specially certified copy of the order for
3 withholding and the notice of delinquency indicating that the
4 preconditions for service have been met.
5 (6) The obligee or public office shall serve the
6 specially certified copies of the order for withholding and
7 the notice of delinquency on the payor, its superintendent,
8 manager or other agent by certified mail or personal
9 delivery. A proof of service shall be filed with the Clerk
10 of the Circuit Court.
11 (7) If the obligor requests in writing that income
12 withholding become effective prior to becoming delinquent in
13 payment of an amount equal to one month's support obligation
14 pursuant to the last order for support, or prior to becoming
15 30 days late in paying all or part of the order for support,
16 the obligee or public office shall file an affidavit with the
17 Clerk of the circuit Court, with a proposed order for
18 withholding attached, stating that the proposed order
19 accurately states the terms and amounts contained in the last
20 order for support and the obligor's request for immediate
21 service. The provisions of paragraphs (4) through (6) of this
22 subsection shall apply, except that a notice of delinquency
23 shall not be required.
24 (8) All other provisions of this Section shall be
25 applicable with respect to the provisions of this subsection
26 (K), except that under paragraph (1) of subsection (H), the
27 court may also amend the proposed order for withholding to
28 conform to the last order for support.
29 (9) Nothing in this subsection shall be construed as
30 limiting the requirements of paragraph (1) of subsection (B)
31 with respect to the entry of a separate order for withholding
32 upon entry of any order for support.
33 (J) (L) Remedies in Addition to Other Laws.
34 (1) The rights, remedies, duties and penalties created
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1 by this Section are in addition to and not in substitution
2 for any other rights, remedies, duties and penalties created
3 by any other law.
4 (2) Nothing in this Section shall be construed as
5 invalidating any assignment of wages or benefits executed
6 prior to January 1, 1984 or any order for withholding served
7 prior to July 1, 1997.
8 (Source: P.A. 88-26; 88-45; 88-94; 88-131; 88-307; 88-670,
9 eff. 12-2-94; 89-507, eff. 7-1-97.)
10 (750 ILCS 20/29C new)
11 Sec. 29C. Notice from Department of Public Aid. In
12 cases in which a party is receiving child and spouse support
13 services under Article X of the Illinois Public Aid Code and
14 the order for support provides that child support payments be
15 made to the obligee, the Illinois Department of Public Aid
16 may provide notice to the obligor and the obligor's payor,
17 when income withholding is in effect under Section 26.1 of
18 this Act, to make all payments after receipt of the
19 Department's notice to the clerk of the court until further
20 notice by the Department or order of the court. Copies of
21 the notice shall be provided to the obligee and the clerk.
22 The clerk's copy shall contain a proof of service on the
23 obligor and the obligor's payor, where applicable. The clerk
24 shall file the clerk's copy of the notice in the court file.
25 The notice to the obligor and the payor, if applicable, may
26 be sent by ordinary mail, certified mail, return receipt
27 requested, facsimile transmission, or other electronic
28 process, or may be served upon the obligor or payor using any
29 method provided by law for service of a summons. An obligor
30 who fails to comply with a notice provided under this Section
31 is guilty of a Class B misdemeanor. A payor who fails to
32 comply with a notice provided under this Section is guilty of
33 a business offense and subject to a fine of up to $1,000.
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1 Section 120. The Illinois Parentage Act of 1984 is
2 amended by changing Sections 5, 6, 7, 8, 13, 14, 15.1, 20,
3 and 21 and by adding Sections 13.1 and 27 as follows:
4 (750 ILCS 45/5) (from Ch. 40, par. 2505)
5 Sec. 5. Presumption of Paternity.
6 (a) A man is presumed to be the natural father of a
7 child if:
8 (1) he and the child's natural mother are or have
9 been married to each other, even though the marriage is
10 or could be declared invalid, and the child is born or
11 conceived during such marriage;
12 (2) after the child's birth, he and the child's
13 natural mother have married each other, even though the
14 marriage is or could be declared invalid, and he is
15 named, with his written consent, as the child's father on
16 the child's birth certificate;
17 (3) he and the child's natural mother have signed
18 an acknowledgment of paternity in accordance with rules
19 adopted by the Illinois Department of Public Aid under
20 Section 10-17.7 of the Illinois Public Aid Code; or
21 (4) he and the child's natural mother have signed
22 an acknowledgment of parentage or, if the natural father
23 is someone other than one presumed to be the father under
24 this Section, an acknowledgment of parentage and denial
25 of paternity in accordance with Section 12 of the Vital
26 Records Act.
27 (b) A presumption under subdivision (a)(1) or (a)(2) of
28 this Section may be rebutted only by clear and convincing
29 evidence. A presumption under subdivision (a)(3) or (a)(4)
30 is conclusive, unless the acknowledgment of parentage is
31 rescinded under the process provided in Section 12 of the
32 Vital Records Act, upon the earlier of:
33 (1) 60 days after the date the acknowledgment of
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1 parentage is signed, or
2 (2) the date of an administrative or judicial
3 proceeding relating to the child (including a proceeding
4 to establish a support order) in which the signatory is a
5 party;
6 except that if a minor has signed the acknowledgment of
7 paternity or acknowledgment of parentage and denial of
8 paternity, the presumption becomes conclusive 6 months after
9 the minor reaches majority or is otherwise emancipated.
10 (Source: P.A. 88-687, eff. 1-24-95; 89-641, eff. 8-9-96.)
11 (750 ILCS 45/6) (from Ch. 40, par. 2506)
12 Sec. 6. Establishment of Parent and Child Relationship
13 by Consent of the Parties.
14 (a) A parent and child relationship may be established
15 voluntarily by the signing and witnessing of a voluntary
16 acknowledgment of parentage in accordance with Section 12 of
17 the Vital Records Act or Section 10-17.7 of the Illinois
18 Public Aid Code. The voluntary acknowledgment of parentage
19 shall contain the social security numbers of the persons
20 signing the voluntary acknowledgment of parentage; however,
21 failure to include the social security numbers of the persons
22 signing a voluntary acknowledgment of parentage does not
23 invalidate the voluntary acknowledgment of parentage.
24 (b) Notwithstanding any other provisions of this Act,
25 paternity established in accordance with subsection (a) has
26 the full force and effect of a judgment entered under this
27 Act and serves as a basis for seeking a child support order
28 without any further proceedings to establish paternity.
29 (c) A judicial or administrative proceeding to ratify
30 paternity established in accordance with subsection (a) is
31 neither required nor permitted.
32 (d) A signed acknowledgment of paternity entered under
33 this Act may be challenged in court only on the basis of
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1 fraud, duress, or material mistake of fact, with the burden
2 of proof upon the challenging party. Pending outcome of the
3 challenge to the acknowledgment of paternity, the legal
4 responsibilities of the signatories shall remain in full
5 force and effect, except upon order of the court upon a
6 showing of good cause.
7 (e) Once a parent and child relationship is established
8 in accordance with subsection (a), an order for support may
9 be established pursuant to a petition to establish an order
10 for support by consent filed with the clerk of the circuit
11 court. A copy of the properly completed acknowledgment of
12 parentage form shall be attached to the petition. The
13 petition shall ask that the circuit court enter an order for
14 support. The petition may ask that an order for visitation,
15 custody, or guardianship be entered. The filing and
16 appearance fees provided under the Clerks of Courts Act shall
17 be waived for all cases in which an acknowledgment of
18 parentage form has been properly completed by the parties and
19 in which a petition to establish an order for support by
20 consent has been filed with the clerk of the circuit court.
21 This subsection shall not be construed to prohibit filing any
22 petition for child support, visitation, or custody under this
23 Act, the Illinois Marriage and Dissolution of Marriage Act,
24 or the Non-Support of Spouse and Children Act. This
25 subsection shall also not be construed to prevent the
26 establishment of an administrative support order in cases
27 involving persons receiving child support enforcement
28 services under Article X of the Illinois Public Aid Code.
29 (Source: P.A. 88-687, eff. 1-24-95; 89-641, eff. 8-9-96.)
30 (750 ILCS 45/7) (from Ch. 40, par. 2507)
31 Sec. 7. Determination of Father and Child Relationship;
32 Who May Bring Action; Parties.
33 (a) An action to determine the existence of the father
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1 and child relationship, whether or not such a relationship is
2 already presumed under Section 5 of this Act, may be brought
3 by the child; the mother; a pregnant woman; any person or
4 public agency who has custody of, or is providing or has
5 provided financial support to, the child; the Illinois
6 Department of Public Aid if it is providing or has provided
7 financial support to the child or if it is assisting with
8 child support collection services; or a man presumed or
9 alleging himself to be the father of the child or expected
10 child. The complaint shall be verified and shall name the
11 person or persons alleged to be the father of the child.
12 (b) An action to declare the non-existence of the parent
13 and child relationship may be brought by the child, the
14 natural mother, or a man presumed to be the father under
15 subdivision (a)(1) or (a)(2) of Section 5 of this Act or a
16 man determined to be the father under Section 6. Actions
17 brought by the child, the natural mother or a presumed father
18 shall be brought by verified complaint. An action to declare
19 the non-existence of the parent and child relationship
20 brought by a man determined to be the father under Section 6
21 shall be initiated by the filing of an affidavit by the
22 plaintiff's attorney or by the plaintiff, if the plaintiff is
23 proceeding pro se, attached to the complaint, declaring one
24 of the following:
25 (1) That the affiant, the natural mother and the
26 child have submitted to appropriate tests to determine
27 inherited characteristics, including, but not limited to,
28 blood types and genetic markers, and that the results of
29 those tests show that there is a reasonable probability
30 that the plaintiff is not the parent of the child. A
31 copy of a written report, clearly identifying the parties
32 to the action and the results of the tests, must be
33 attached to the affidavit.
34 (2) That the affiant is willing to submit to any
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1 appropriate tests to determine inherited characteristics,
2 including, but not limited to, blood types and genetic
3 markers, but that the natural mother has refused to
4 submit to such tests either on behalf of herself or on
5 behalf of the minor child or that the child has refused
6 to submit to such tests.
7 Allegations and denials in the affidavit, made without
8 reasonable cause and found to be untrue, shall subject the
9 party pleading them or that party's attorney, or both, to the
10 payment of reasonable expenses, actually incurred by the
11 other party by reason of the untrue pleading, together with
12 reasonable attorneys' fees to be taxed by the court upon
13 motion made within 30 days of the judgment or dismissal. In
14 no event shall the award for attorneys' fees and expenses
15 exceed those actually paid by the moving party. The failure
16 to file an affidavit required by this Section shall be
17 grounds for dismissal under Section 2-619 of the Code of
18 Civil Procedure.
19 After the presumption that a man presumed to be the
20 father under subdivision (a)(1) or (a)(2) of Section 5 has
21 been rebutted, or after a man determined to be the father
22 under Section 6 has been determined under this Section to not
23 be the father, paternity of the child by another man may be
24 determined in the same action, if he has been made a party.
25 (c) If any party is a minor, he or she may be
26 represented by his or her general guardian or a guardian ad
27 litem appointed by the court, which may include an
28 appropriate agency. The court may align the parties.
29 (d) Regardless of its terms, an agreement, other than a
30 settlement approved by the court, between an alleged or
31 presumed father and the mother or child, does not bar an
32 action under this Section.
33 (e) If an action under this Section is brought before
34 the birth of the child, all proceedings shall be stayed until
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1 after the birth, except for service or process, the taking of
2 depositions to perpetuate testimony, and the ordering of
3 blood tests under appropriate circumstances.
4 (Source: P.A. 89-674, eff. 8-14-96.)
5 (750 ILCS 45/8) (from Ch. 40, par. 2508)
6 Sec. 8. Statute of limitations.
7 (a)(1) An action brought by or on behalf of a child, an
8 action brought by a party alleging that he or she is the
9 child's natural parent, or an action brought by the
10 Illinois Department of Public Aid, if it is providing or
11 has provided financial support to the child or if it is
12 assisting with child support collection services, shall
13 be barred if brought later than 2 years after the child
14 reaches the age of majority; however, if the action on
15 behalf of the child is brought by a public agency, other
16 than the Illinois Department of Public Aid if it is
17 providing or has provided financial support to the child
18 or if it is assisting with child support collection
19 services, it shall be barred 2 years after the agency has
20 ceased to provide assistance to the child.
21 Except as otherwise provided in this Section, an
22 action brought by a party alleging that he or she is the
23 child's natural parent shall be barred if brought later
24 than 2 years after the child reaches the age of majority.
25 An action brought by a party alleging that he is the
26 child's natural father shall be barred if brought later
27 than 2 years after the child's birth if the party has
28 forgone his parental rights as manifested by his failure
29 for a period of 36 months to visit, provide support for,
30 or communicate with the child although able to do so.
31 This limitation on an action brought by a party alleging
32 that he is the child's natural father does not apply if
33 (i) the party was prevented from visiting, providing
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1 support for, or communicating with the child by the
2 child's other parent, another person, or an agency or
3 (ii) the party lacked knowledge of the child's birth.
4 (2) Failure to bring an action within 2 years shall
5 not bar any party from asserting a defense in any action
6 to declare the non-existence of the parent and child
7 relationship.
8 (3) An action to declare the non-existence of the
9 parent and child relationship shall be barred if brought
10 later than 2 years after the petitioner obtains knowledge
11 of relevant facts. The 2-year period for bringing an
12 action to declare the nonexistence of the parent and
13 child relationship shall not extend beyond the date on
14 which the child reaches the age of 18 years. Failure to
15 bring an action within 2 years shall not bar any party
16 from asserting a defense in any action to declare the
17 existence of the parent and child relationship.
18 (b) The time during which any party is not subject to
19 service of process or is otherwise not subject to the
20 jurisdiction of the courts of this State shall toll the
21 aforementioned periods.
22 (c) This Act does not affect the time within which any
23 rights under the Probate Act of 1975 may be asserted beyond
24 the time provided by law relating to distribution and closing
25 of decedent's estates or to the determination of heirship, or
26 otherwise.
27 (Source: P.A. 88-538; 88-687, eff. 1-24-95; 89-674, eff.
28 8-14-96.)
29 (750 ILCS 45/13) (from Ch. 40, par. 2513)
30 Sec. 13. Civil Action; Jury. (a) An action under this
31 Act is a civil action governed by the provisions of the "Code
32 of Civil Procedure", approved August 19, 1981, as amended,
33 and the Supreme Court rules applicable thereto, except where
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1 otherwise specified in this Act.
2 (b) Trial by jury is not available under this Act. Any
3 party who desires a trial by jury on the issue of parentage
4 must file a demand therefor pursuant to and within the time
5 limits set forth in the "Code of Civil Procedure", approved
6 August 19, 1981, as amended.
7 (c) Certified copies of the bills for costs incurred for
8 pregnancy and childbirth shall be admitted into evidence at
9 judicial or administrative proceedings without foundation
10 testimony or other proof of authenticity or accuracy.
11 (Source: P.A. 83-1372.)
12 (750 ILCS 45/13.1 new)
13 Sec. 13.1. Temporary order for child support.
14 Notwithstanding any other law to the contrary, pending the
15 outcome of a judicial determination of parentage, the court
16 shall issue a temporary order for child support, upon motion
17 by a party and a showing of clear and convincing evidence of
18 paternity. In determining the amount of the temporary child
19 support award, the court shall use the guidelines and
20 standards set forth in subsection (a) of Section 505 and in
21 Section 505.2 of the Illinois Marriage and Dissolution of
22 Marriage Act.
23 Any new or existing support order entered by the court
24 under this Section shall be deemed to be a series of
25 judgments against the person obligated to pay support
26 thereunder, each such judgment to be in the amount of each
27 payment or installment of support and each judgment to be
28 deemed entered as of the date the corresponding payment or
29 installment becomes due under the terms of the support order.
30 Each such judgment shall have the full force, effect, and
31 attributes of any other judgment of this State, including the
32 ability to be enforced. Any such judgment is subject to
33 modification or termination only in accordance with Section
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1 510 of the Illinois Marriage and Dissolution of Marriage Act.
2 A lien arises by operation of law against the real and
3 personal property of the noncustodial parent for each
4 installment of overdue support owed by the noncustodial
5 parent.
6 All orders for support, when entered or modified, shall
7 include a provision requiring the non-custodial parent to
8 notify the court, and in cases in which a party is receiving
9 child and spouse support services under Article X of the
10 Illinois Public Aid Code, the Illinois Department of Public
11 Aid, within 7 days, (i) of the name, address, and telephone
12 number of any new employer of the non-custodial parent, (ii)
13 whether the non-custodial parent has access to health
14 insurance coverage through the employer or other group
15 coverage, and, if so, the policy name and number and the
16 names of persons covered under the policy, and (iii) of any
17 new residential or mailing address or telephone number of the
18 non-custodial parent.
19 In any subsequent action to enforce a support order, upon
20 sufficient showing that diligent effort has been made to
21 ascertain the location of the non-custodial parent, service
22 of process or provision of notice necessary in that action
23 may be made at the last known address of the non-custodial
24 parent, in any manner expressly provided by the Code of Civil
25 Procedure or in this Act, which service shall be sufficient
26 for purposes of due process.
27 An order for support shall include a date on which the
28 current support obligation terminates. The termination date
29 shall be no earlier than the date on which the child covered
30 by the order will attain the age of majority or is otherwise
31 emancipated. The order for support shall state that the
32 termination date does not apply to any arrearage that may
33 remain unpaid on that date. Nothing in this paragraph shall
34 be construed to prevent the court from modifying the order.
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1 (750 ILCS 45/14) (from Ch. 40, par. 2514)
2 Sec. 14. Judgment.
3 (a) (1) The judgment shall contain or explicitly reserve
4 provisions concerning any duty and amount of child support
5 and may contain provisions concerning the custody and
6 guardianship of the child, visitation privileges with the
7 child, the furnishing of bond or other security for the
8 payment of the judgment, which the court shall determine in
9 accordance with the relevant factors set forth in the
10 Illinois Marriage and Dissolution of Marriage Act and any
11 other applicable law of Illinois, to guide the court in a
12 finding in the best interests of the child. In determining
13 custody, joint custody, or visitation, the court shall apply
14 the relevant standards of the Illinois Marriage and
15 Dissolution of Marriage Act. Specifically, in determining the
16 amount of any child support award, the court shall use the
17 guidelines and standards set forth in subsection (a) of
18 Section 505 and in Section 505.2 of the Illinois Marriage and
19 Dissolution of Marriage Act. For purposes of Section 505 of
20 the Illinois Marriage and Dissolution of Marriage Act, "net
21 income" of the non-custodial parent shall include any
22 benefits available to that person under the Illinois Public
23 Aid Code or from other federal, State or local
24 government-funded programs. The court shall, in any event
25 and regardless of the amount of the non-custodial parent's
26 net income, in its judgment order the non-custodial parent to
27 pay child support to the custodial parent in a minimum amount
28 of not less than $10 per month. In an action brought within 2
29 years after a child's birth, the judgment or order may direct
30 either parent to pay the reasonable expenses incurred by
31 either parent related to the mother's pregnancy and the
32 delivery of the child. The judgment or order shall contain
33 the father's social security number, which the father shall
34 disclose to the court; however, failure to include the
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1 father's social security number on the judgment or order does
2 not invalidate the judgment or order.
3 (2) If a judgment of parentage contains no explicit
4 award of custody, the establishment of a support obligation
5 or of visitation rights in one parent shall be considered a
6 judgment granting custody to the other parent. If the
7 parentage judgment contains no such provisions, custody shall
8 be presumed to be with the mother; however, the presumption
9 shall not apply if the father has had physical custody for at
10 least 6 months prior to the date that the mother seeks to
11 enforce custodial rights.
12 (b) The court shall order all child support payments,
13 determined in accordance with such guidelines, to commence
14 with the date summons is served. The level of current
15 periodic support payments shall not be reduced because of
16 payments set for the period prior to the date of entry of the
17 support order. The Court may order any child support
18 payments to be made for a period prior to the commencement of
19 the action. In determining whether and the extent to which
20 the payments shall be made for any prior period, the court
21 shall consider all relevant facts, including the factors for
22 determining the amount of support specified in the Illinois
23 Marriage and Dissolution of Marriage Act and other equitable
24 factors including but not limited to:
25 (1) The father's prior knowledge of the fact and
26 circumstances of the child's birth.
27 (2) The father's prior willingness or refusal to
28 help raise or support the child.
29 (3) The extent to which the mother or the public
30 agency bringing the action previously informed the father
31 of the child's needs or attempted to seek or require his
32 help in raising or supporting the child.
33 (4) The reasons the mother or the public agency did
34 not file the action earlier.
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1 (5) The extent to which the father would be
2 prejudiced by the delay in bringing the action.
3 For purposes of determining the amount of child support
4 to be paid for any period before the date the order for
5 current child support is entered, there is a rebuttable
6 presumption that the father's net income for the prior period
7 was the same as his net income at the time the order for
8 current child support is entered.
9 (c) Any new or existing support order entered by the
10 court under this Section shall be deemed to be a series of
11 judgments against the person obligated to pay support
12 thereunder, each judgment to be in the amount of each payment
13 or installment of support and each such judgment to be deemed
14 entered as of the date the corresponding payment or
15 installment becomes due under the terms of the support order.
16 Each judgment shall have the full force, effect and
17 attributes of any other judgment of this State, including the
18 ability to be enforced. A lien arises by operation of law
19 against the real and personal property of the noncustodial
20 parent for each installment of overdue support owed by the
21 noncustodial parent.
22 (d) If the judgment or order of the court is at variance
23 with the child's birth certificate, the court shall order
24 that a new birth certificate be issued under the Vital
25 Records Act.
26 (e) On request of the mother and the father, the court
27 shall order a change in the child's name. After hearing
28 evidence the court may stay payment of support during the
29 period of the father's minority or period of disability.
30 (f) If, upon a showing of proper service, the father
31 fails to appear in court, or otherwise appear as provided by
32 law, the court may proceed to hear the cause upon testimony
33 of the mother or other parties taken in open court and shall
34 enter a judgment by default. The court may reserve any order
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1 as to the amount of child support until the father has
2 received notice, by regular mail, of a hearing on the matter.
3 (g) A one-time charge of 20% is imposable upon the
4 amount of past-due child support owed on July 1, 1988 which
5 has accrued under a support order entered by the court. The
6 charge shall be imposed in accordance with the provisions of
7 Section 10-21 of the Illinois Public Aid Code and shall be
8 enforced by the court upon petition.
9 (h) All orders An order for support, when entered or
10 modified, in a case in which a party is receiving child and
11 spouse support services under Article X of the Illinois
12 Public Aid Code shall include a provision requiring the
13 non-custodial parent to notify the court and, in cases in
14 which party is receiving child and spouse support services
15 under Article X of the Illinois Public Aid Code, the Illinois
16 Department of Public Aid, within 7 days, (i) of the name and
17 address of any new employer of the non-custodial parent, (ii)
18 whether the non-custodial parent has access to health
19 insurance coverage through the employer or other group
20 coverage, and, if so, the policy name and number and the
21 names of persons covered under the policy, and (iii) of any
22 new residential or mailing address or telephone number of the
23 non-custodial parent. In any subsequent action to enforce a
24 support order, upon a sufficient showing that a diligent
25 effort has been made to ascertain the location of the
26 non-custodial parent, service of process or provision of
27 notice necessary in the case may be made at the last known
28 address of the non-custodial parent in any manner expressly
29 provided by the Code of Civil Procedure or this Act, which
30 service shall be sufficient for purposes of due process.
31 (i) An order for support shall include a date on which
32 the current support obligation terminates. The termination
33 date shall be no earlier than the date on which the child
34 covered by the order will attain the age of majority or is
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1 otherwise emancipated. The order for support shall state that
2 the termination date does not apply to any arrearage that may
3 remain unpaid on that date. Nothing in this subsection shall
4 be construed to prevent the court from modifying the order.
5 (Source: P.A. 88-307; 88-538; 88-687, eff. 1-24-95.)
6 (750 ILCS 45/15.1) (from Ch. 40, par. 2515.1)
7 Sec. 15.1. (a) Whenever it is determined in a
8 proceeding to establish or enforce a child support obligation
9 that the person owing a duty of support is unemployed, the
10 court may order the person to seek employment and report
11 periodically to the court with a diary, listing or other
12 memorandum of his or her efforts in accordance with such
13 order. Additionally, the court may order the unemployed
14 person to report to the Department of Employment Security for
15 job search services or to make application with the local
16 Jobs Training Partnership Act provider for participation in
17 job search, training or work programs and where the duty of
18 support is owed to a child receiving support services under
19 Article X of The Illinois Public Aid Code, as amended, the
20 court may order the unemployed person to report to the
21 Illinois Department of Public Aid for participation in job
22 search, training or work programs established under Section
23 9-6 and Article IXA of that Code.
24 (b) Whenever it is determined that a person owes
25 past-due support for a child, and the child is receiving
26 assistance under the Illinois Public Aid Code, the court
27 shall order the following at the request of the Illinois
28 Department of Public Aid:
29 (1) that the person pay the past-due support in
30 accordance with a plan approved by the court; or
31 (2) if the person owing past-due support is
32 unemployed, is subject to such a plan, and is not
33 incapacitated, that the person participate in such job
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1 search, training, or work programs established under
2 Section 9-6 and Article IXA of the Illinois Public Aid
3 Code as the court deems appropriate.
4 (Source: P.A. 85-1155.)
5 (750 ILCS 45/20) (from Ch. 40, par. 2520)
6 (Text of Section before amendment by P.A. 89-507)
7 Sec. 20. Withholding of Income to Secure Payment of
8 Support.
9 (A) Definitions.
10 (1) "Order for support" means any order of the court
11 which provides for periodic payment of funds for the support
12 of a child, whether temporary or final, and includes any such
13 order which provides for:
14 (a) modification or resumption of, or payment of
15 arrearage accrued under, a previously existing order;
16 (b) reimbursement of support;
17 (c) payment or reimbursement of the expense of
18 pregnancy and delivery; or
19 (d) enrollment in a health insurance plan that is
20 available to the obligor through an employer or labor
21 union or trade union.
22 (2) "Arrearage" means the total amount of unpaid support
23 obligations.
24 (3) "Delinquency" means any payment under an order for
25 support which becomes due and remains unpaid after an order
26 for withholding has been entered under subsection (B) or, for
27 purposes of subsection (K), after the last order for support
28 was entered for which no order for withholding was entered.
29 (4) "Income" means any form of periodic payment to an
30 individual, regardless of source, including, but not limited
31 to: wages, salary, commission, compensation as an independent
32 contractor, workers' compensation, disability, annuity and
33 retirement benefits, lottery prize awards, insurance
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1 proceeds, vacation pay, bonuses, profit-sharing payments and
2 any other payments, made by any person, private entity,
3 federal or state government, any unit of local government,
4 school district or any entity created by Public Act; however,
5 "income" excludes:
6 (a) any amounts required by law to be withheld,
7 other than creditor claims, including, but not limited
8 to, federal, State and local taxes, Social Security and
9 other retirement and disability contributions;
10 (b) union dues;
11 (c) any amounts exempted by the federal Consumer
12 Credit Protection Act;
13 (d) public assistance payments; and
14 (e) unemployment insurance benefits except as
15 provided by law.
16 Any other State or local laws which limit or exempt
17 income or the amount or percentage of income that can be
18 withheld shall not apply.
19 (5) "Obligor" means the individual who owes a duty to
20 make payments under an order for support.
21 (6) "Obligee" means the individual to whom a duty of
22 support is owed or the individual's legal representative.
23 (7) "Payor" means any payor of income to an obligor.
24 (8) "Public office" means any elected official or any
25 State or local agency which is or may become responsible by
26 law for enforcement of, or which is or may become authorized
27 to enforce, an order for support, including, but not limited
28 to: the Attorney General, the Illinois Department of Public
29 Aid, the Illinois Department of Mental Health and
30 Developmental Disabilities, the Illinois Department of
31 Children and Family Services, and the various State's
32 Attorneys, Clerks of the Circuit Court and supervisors of
33 general assistance.
34 (9) "Premium" means the dollar amount for which the
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1 obligor is liable to his employer or labor union or trade
2 union and which must be paid to enroll or maintain a child in
3 a health insurance plan that is available to the obligor
4 through an employer or labor union or trade union.
5 (B) Entry of an Order for Withholding.
6 (1) Upon entry of any order for support on or after July
7 1, 1985, the court shall enter a separate order for
8 withholding which shall not take effect unless the obligor
9 becomes delinquent in paying the order for support or the
10 obligor requests an earlier effective date; except that the
11 court may require the order for withholding to take effect
12 immediately.
13 On or after January 1, 1989, the court shall require the
14 order for withholding to take effect immediately, unless a
15 written agreement is reached between and signed by both
16 parties providing for an alternative arrangement, approved
17 and entered into the record by the court, which insures
18 payment of support. In that case, the court shall enter the
19 order for withholding which will not take effect unless the
20 obligor becomes delinquent in paying the order for support.
21 Upon entry of any order of support on or after September
22 11, 1989, if the obligor is not a United States citizen, the
23 obligor shall provide to the court the obligor's alien
24 registration number, passport number, and home country's
25 social security or national health number, if applicable; the
26 court shall make the information part of the record in the
27 case.
28 (2) An order for withholding shall be entered upon
29 petition by the obligee or public office where an order for
30 withholding has not been previously entered.
31 (3) The order for withholding shall:
32 (a) direct any payor to withhold a dollar amount
33 equal to the order for support; and
34 (b) direct any payor to withhold an additional
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1 dollar amount, not less than 20% of the order for
2 support, until payment in full of any delinquency stated
3 in the notice of delinquency provided for in subsection
4 (C) or (F) of this Section; and
5 (c) direct any payor or labor union or trade union
6 to enroll a child as a beneficiary of a health insurance
7 plan and withhold or cause to be withheld, if applicable,
8 any required premiums; and
9 (d) state the rights, remedies and duties of the
10 obligor under this Section; and
11 (e) include the obligor's Social Security Number,
12 which the obligor shall disclose to the court; and
13 (f) include the date that withholding for current
14 support terminates, which shall be the date of
15 termination of the current support obligation set forth
16 in the order for support.
17 (4) At the time the order for withholding is entered,
18 the Clerk of the Circuit Court shall provide a copy of the
19 order for withholding and the order for support to the
20 obligor and shall make copies available to the obligee and
21 public office. Any copy of the order for withholding
22 furnished to the parties under this subsection shall be
23 stamped "Not Valid".
24 (5) The order for withholding shall remain in effect for
25 as long as the order for support upon which it is based.
26 (6) The failure of an order for withholding to state an
27 arrearage is not conclusive of the issue of whether an
28 arrearage is owing.
29 (7) Notwithstanding the provisions of this subsection,
30 if the court finds at the time of any hearing that arrearage
31 has accrued in an amount equal to at least one month's
32 support obligation or that the obligor is 30 days late in
33 paying all or part of the order for support, the court shall
34 order immediate service of the order for withholding upon the
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1 payor.
2 (8) Where the court has not required that the order for
3 withholding take effect immediately, the obligee or public
4 office may prepare and serve a notice for immediate
5 withholding upon the obligor by ordinary mail addressed to
6 the obligor at his or her last known address. The notice
7 shall state that the following circumstances have occurred:
8 (a) The parties' written agreement providing an
9 alternative arrangement to immediate withholding under
10 paragraph (1) of this subsection no longer provides for
11 timely payment of all support due; or
12 (b) The obligor has not made timely payments in
13 that the obligor has been at least 7 days late in paying
14 all or part of the order for support any of the last 6
15 consecutive dates payments were due prior to the date of
16 the notice for immediate withholding.
17 The notice for immediate withholding shall clearly state
18 that a specially certified copy of the order for withholding
19 will be sent to the payor, unless the obligor files a
20 petition contesting immediate withholding within 20 days
21 after service of the notice; however, the grounds for the
22 petition shall be limited to a dispute concerning whether the
23 circumstances stated in the notice have occurred or the
24 identity of the obligor. It shall not be grounds for the
25 petition that the obligor has made all payments due by the
26 date of the petition.
27 If the obligor files a petition contesting immediate
28 withholding within the 20-day period required under this
29 paragraph, the Clerk of the Circuit Court shall notify the
30 obligor and the obligee or public office, as appropriate, of
31 the time and place of the hearing on the petition. Upon
32 hearing the petition, the court shall enter an order granting
33 or denying relief. It shall not be grounds for granting the
34 obligor's petition that he or she has made all payments due
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1 by the date of hearing. If the court denies the obligor's
2 petition, it shall order immediate service of the order for
3 withholding and direct the clerk to provide a specially
4 certified copy of the order for withholding to the obligee or
5 public office indicating that the requirements for immediate
6 withholding under this paragraph have been met.
7 If the obligor does not file a petition contesting
8 immediate withholding within the 20-day period, the obligee
9 or public office shall file with the Clerk of the Circuit
10 Court an affidavit, with a copy of the notice for immediate
11 withholding attached thereto, stating that the notice was
12 duly served and the date on which service was effected, and
13 that the obligor has not filed a petition contesting
14 immediate withholding. The clerk shall then provide to the
15 obligee or public office a specially certified copy of the
16 order for withholding indicating that the requirements for
17 immediate withholding under this paragraph have been met.
18 Upon receipt of a specially certified copy of the order
19 for withholding, the obligee or public office may serve the
20 order on the payor, its superintendent, manager or other
21 agent, by certified mail or personal delivery. A proof of
22 service shall be filed with the Clerk of the Circuit Court.
23 (C) Notice of Delinquency.
24 (1) Whenever an obligor becomes delinquent in payment of
25 an amount equal to at least one month's support obligation
26 pursuant to the order for support or is at least 30 days late
27 in complying with all or part of the order for support,
28 whichever occurs first, the obligee or public office may
29 prepare and serve a verified notice of delinquency, together
30 with a form petition to stay service, pursuant to paragraph
31 (3) of this subsection.
32 (2) The notice of delinquency shall recite the terms of
33 the order for support and contain a computation of the period
34 and total amount of the delinquency, as of the date of the
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1 notice. The notice shall clearly state that it will be sent
2 to the payor, together with a specially certified copy of the
3 order for withholding, except as provided in subsection (F),
4 unless the obligor files a petition to stay service in
5 accordance with paragraph (1) of subsection (D).
6 (3) The notice of delinquency shall be served by
7 ordinary mail addressed to the obligor at his or her last
8 known address.
9 (4) The obligor may execute a written waiver of the
10 provisions of paragraphs (1) through (3) of this subsection
11 and request immediate service upon the payor.
12 (D) Procedures to Avoid Income Withholding.
13 (1) Except as provided in subsection (F), the obligor
14 may prevent an order for withholding from being served by
15 filing a petition to stay service with the Clerk of the
16 Circuit Court, within 20 days after service of the notice of
17 delinquency; however, the grounds for the petition to stay
18 service shall be limited to a dispute concerning: (a) the
19 amount of current support or the existence or amount of the
20 delinquency; or (b) the identity of the obligor.
21 The Clerk of the Circuit Court shall notify the obligor
22 and the obligee or public office, as appropriate, of the time
23 and place of the hearing on the petition to stay service. The
24 court shall hold such hearing pursuant to the provisions of
25 subsection (H).
26 (2) Except as provided in subsection (F), filing of a
27 petition to stay service, within the 20-day period required
28 under this subsection, shall prohibit the obligee or public
29 office from serving the order for withholding on any payor of
30 the obligor.
31 (E) Initial Service of Order for Withholding.
32 (1) Except as provided in subsection (F), in order to
33 serve an order for withholding upon a payor, an obligee or
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1 public office shall follow the procedures set forth in this
2 subsection. After 20 days following service of the notice of
3 delinquency, the obligee or public office shall file with the
4 Clerk of the Circuit Court an affidavit, with the copy of the
5 notice of delinquency attached thereto, stating:
6 (a) that the notice of delinquency has been duly
7 served and the date on which service was effected; and
8 (b) that the obligor has not filed a petition to
9 stay service, or in the alternative
10 (c) that the obligor has waived the provisions of
11 subparagraphs (a) and (b) of this paragraph (1) in
12 accordance with subsection (C)(4).
13 (2) Upon request of the obligee or public office, the
14 Clerk of the Circuit Court shall: (a) make available any
15 record of payment; and (b) determine that the file contains a
16 copy of the affidavit described in paragraph (1). The Clerk
17 shall then provide to the obligee or public office a
18 specially certified copy of the order for withholding and the
19 notice of delinquency indicating that the preconditions for
20 service have been met.
21 (3) The obligee or public office may then serve the
22 notice of delinquency and order for withholding on the payor,
23 its superintendent, manager or other agent, by certified mail
24 or personal delivery. A proof of service shall be filed with
25 the Clerk of the Circuit Court.
26 (F) Subsequent Service of Order for Withholding.
27 (1) Notwithstanding the provisions of this Section, at
28 any time after the court has ordered immediate service of an
29 order for withholding or after initial service of an order
30 for withholding pursuant to subsection (E), the obligee or
31 public office may serve the order for withholding upon any
32 payor of the obligor without further notice to the obligor.
33 The obligee or public office shall provide notice to the
34 payor, pursuant to paragraph (6) of subsection (I), of any
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1 payments that have been made through previous withholding or
2 any other method.
3 (2) The Clerk of the Circuit Court shall, upon request,
4 provide the obligee or public office with specially certified
5 copies of the order for withholding or the notice of
6 delinquency or both whenever the Court has ordered immediate
7 service of an order for withholding or an affidavit has been
8 placed in the court file indicating that the preconditions
9 for service have been previously met. The obligee or public
10 office may then serve the order for withholding on the payor,
11 its superintendent, manager or other agent by certified mail
12 or personal delivery. A proof of service shall be filed with
13 the Clerk of the Circuit Court.
14 (3) If a delinquency has accrued for any reason, the
15 obligee or public office may serve a notice of delinquency
16 upon the obligor pursuant to subsection (C). The obligor may
17 prevent the notice of delinquency from being served upon the
18 payor by utilizing the procedures set forth in subsection
19 (D). If no petition to stay service has been filed within the
20 required 20 day time period, the obligee or public office may
21 serve the notice of delinquency on the payor by utilizing the
22 procedures for service set forth in subsection (E).
23 (G) Duties of Payor.
24 (1) It shall be the duty of any payor who has been
25 served with a copy of the specially certified order for
26 withholding and any notice of delinquency to deduct and pay
27 over income as provided in this subsection. The payor shall
28 deduct the amount designated in the order for withholding, as
29 supplemented by the notice of delinquency and any notice
30 provided pursuant to paragraph (6) of subsection (I),
31 beginning no later than the next payment of income which is
32 payable to the obligor that occurs 14 days following the date
33 the order and any notice were mailed by certified mail or
34 placed for personal delivery. The payor may combine all
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1 amounts withheld for the benefit of an obligee or public
2 office into a single payment and transmit the payment with a
3 listing of obligors from whom withholding has been effected.
4 The payor shall pay the amount withheld to the obligee or
5 public office within 10 calendar days of the date income is
6 paid to the obligor in accordance with the order for
7 withholding and any subsequent notification received from the
8 public office redirecting payments. If the payor knowingly
9 fails to pay any amount withheld to the obligee or public
10 office within 10 calendar days of the date income is paid to
11 the obligor, the payor shall pay a penalty of $100 for each
12 day that the withheld amount is not paid to the obligee or
13 public office after the period of 10 calendar days has
14 expired. The failure of a payor, on more than one occasion,
15 to pay amounts withheld to the obligee or public office
16 within 10 calendar days of the date income is paid to the
17 obligor creates a presumption that the payor knowingly failed
18 to pay the amounts. This penalty may be collected in a civil
19 action which may be brought against the payor in favor of the
20 obligee. For purposes of this Section, a withheld amount
21 shall be considered paid by a payor on the date it is mailed
22 by the payor, or on the date an electronic funds transfer of
23 the amount has been initiated by the payor, or on the date
24 delivery of the amount has been initiated by the payor. For
25 each deduction, the payor shall provide the obligee or public
26 office, at the time of transmittal, with the date income was
27 paid from which support was withheld.
28 Upon receipt of an order requiring that a minor child be
29 named as a beneficiary of a health insurance plan available
30 through an employer or labor union or trade union, the
31 employer or labor union or trade union shall immediately
32 enroll the minor child as a beneficiary in the health
33 insurance plan designated by the court order. The employer
34 shall withhold any required premiums and pay over any amounts
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1 so withheld and any additional amounts the employer pays to
2 the insurance carrier in a timely manner. The employer or
3 labor union or trade union shall mail to the obligee, within
4 15 days of enrollment or upon request, notice of the date of
5 coverage, information on the dependent coverage plan, and all
6 forms necessary to obtain reimbursement for covered health
7 expenses, such as would be made available to a new employee.
8 When an order for dependent coverage is in effect and the
9 insurance coverage is terminated or changed for any reason,
10 the employer or labor union or trade union shall notify the
11 obligee within 10 days of the termination or change date
12 along with notice of conversion privileges.
13 For withholding of income, the payor shall be entitled to
14 receive a fee not to exceed $5 per month to be taken from the
15 income to be paid to the obligor.
16 (2) Whenever the obligor is no longer receiving income
17 from the payor, the payor shall return a copy of the order
18 for withholding to the obligee or public office and shall
19 provide information for the purpose of enforcing this
20 Section.
21 (3) Withholding of income under this Section shall be
22 made without regard to any prior or subsequent garnishments,
23 attachments, wage assignments, or any other claims of
24 creditors. Withholding of income under this Section shall
25 not be in excess of the maximum amounts permitted under the
26 federal Consumer Credit Protection Act. If the payor has been
27 served with more than one order for withholding pertaining to
28 the same obligor, the payor shall allocate income available
29 for withholding on a proportionate share basis, giving
30 priority to current support payments. If there is any income
31 available for withholding after withholding for all current
32 support obligations, the payor shall allocate the income to
33 past due support payments ordered in non-AFDC matters and
34 then to past due support payments ordered in AFDC matters,
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1 both on a proportionate share basis. Payment as required by
2 the order for withholding shall be a complete defense by the
3 payor against any claims of the obligor or his creditors as
4 to the sum so paid.
5 (4) No payor shall discharge, discipline, refuse to hire
6 or otherwise penalize any obligor because of the duty to
7 withhold income.
8 (H) Petitions to Stay Service or to Modify, Suspend or
9 Terminate Orders for Withholding.
10 (1) When an obligor files a petition to stay service,
11 the court, after due notice to all parties, shall hear the
12 matter as soon as practicable and shall enter an order
13 granting or denying relief, amending the notice of
14 delinquency, amending the order for withholding, where
15 applicable, or otherwise resolving the matter. If the court
16 finds that a delinquency existed when the notice of
17 delinquency was served upon the obligor, in an amount of at
18 least one month's support obligation, or that the obligor was
19 at least 30 days late in paying all or part of the order for
20 support, the court shall order immediate service of the order
21 for withholding. Where the court cannot promptly resolve any
22 dispute over the amount of the delinquency, the court may
23 order immediate service of the order for withholding as to
24 any undisputed amounts specified in an amended notice of
25 delinquency, and may continue the hearing on the disputed
26 amounts.
27 (2) At any time, an obligor, obligee, public office or
28 Clerk of the Circuit Court may petition the court to:
29 (a) modify, suspend or terminate the order for
30 withholding because of a modification, suspension or
31 termination of the underlying order for support; or
32 (b) modify the amount of income to be withheld to
33 reflect payment in full or in part of the delinquency or
34 arrearage by income withholding or otherwise; or
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1 (c) suspend the order for withholding because of
2 inability to deliver income withheld to the obligee due
3 to the obligee's failure to provide a mailing address or
4 other means of delivery.
5 (3) The obligor, obligee or public office shall serve on
6 the payor, by certified mail or personal delivery, a copy of
7 any order entered pursuant to this subsection that affects
8 the duties of the payor.
9 (4) At any time, a public office or Clerk of the Circuit
10 Court may serve a notice on the payor to:
11 (a) cease withholding of income for payment of
12 current support for a child when the support obligation
13 for that child has automatically ceased under the order
14 for support through emancipation or otherwise; or
15 (b) cease withholding of income for payment of
16 delinquency or arrearage when the delinquency or
17 arrearage has been paid in full.
18 (5) The notice provided for under paragraph (4) of this
19 subsection shall be served on the payor by ordinary mail, and
20 a copy shall be provided to the obligor and the obligee. A
21 copy of the notice shall be filed with the Clerk of the
22 Circuit Court.
23 (6) The order for withholding shall continue to be
24 binding upon the payor until service of any order of the
25 court or notice entered or provided for under this
26 subsection.
27 (I) Additional Duties.
28 (1) An obligee who is receiving income withholding
29 payments under this Section shall notify the payor, if the
30 obligee receives the payments directly from the payor, or the
31 public office or the Clerk of the Circuit Court, as
32 appropriate, of any change of address within 7 days of such
33 change.
34 (2) An obligee who is a recipient of public aid shall
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1 send a copy of any notice of delinquency filed pursuant to
2 subsection (C) to the Bureau of Child Support of the Illinois
3 Department of Public Aid.
4 (3) Each obligor shall notify the obligee and the Clerk
5 of the Circuit Court of any change of address within 7 days.
6 (4) An obligor whose income is being withheld or who has
7 been served with a notice of delinquency pursuant to this
8 Section shall notify the obligee and the Clerk of the Circuit
9 Court of any new payor, within 7 days.
10 (5) When the Illinois Department of Public Aid is no
11 longer authorized to receive payments for the obligee, it
12 shall, within 7 days, notify the payor or, where appropriate,
13 the Clerk of the Circuit Court, to redirect income
14 withholding payments to the obligee.
15 (6) The obligee or public office shall provide notice to
16 the payor and Clerk of the Circuit Court of any other support
17 payment made, including but not limited to, a set-off under
18 federal and State law or partial payment of the delinquency
19 or arrearage, or both.
20 (7) Any public office and Clerk of the Circuit Court
21 which collects, disburses or receives payments pursuant to
22 orders for withholding shall maintain complete, accurate, and
23 clear records of all payments and their disbursements.
24 Certified copies of payment records maintained by a public
25 office or Clerk of the Circuit Court shall, without further
26 proof, be admitted into evidence in any legal proceedings
27 under this Section.
28 (8) The Illinois Department of Public Aid shall design
29 suggested legal forms for proceeding under this Section and
30 shall make available to the courts such forms and
31 informational materials which describe the procedures and
32 remedies set forth herein for distribution to all parties in
33 support actions.
34 (9) At the time of transmitting each support payment,
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1 the clerk of the circuit court shall provide the obligee or
2 public office, as appropriate, with any information furnished
3 by the payor as to the date income was paid from which such
4 support was withheld.
5 (J) Penalties.
6 (1) Where a payor wilfully fails to withhold or pay over
7 income pursuant to a properly served, specially certified
8 order for withholding and any notice of delinquency, or
9 wilfully discharges, disciplines, refuses to hire or
10 otherwise penalizes an obligor as prohibited by subsection
11 (G), or otherwise fails to comply with any duties imposed by
12 this Section, the obligee, public office or obligor, as
13 appropriate, may file a complaint with the court against the
14 payor. The clerk of the circuit court shall notify the
15 obligee or public office, as appropriate, and the obligor and
16 payor of the time and place of the hearing on the complaint.
17 The court shall resolve any factual dispute including, but
18 not limited to, a denial that the payor is paying or has paid
19 income to the obligor. Upon a finding in favor of the
20 complaining party, the court:
21 (a) shall enter judgment and order the enforcement
22 thereof for the total amount that the payor wilfully
23 failed to withhold or pay over; and
24 (b) may order employment or reinstatement of or
25 restitution to the obligor, or both, where the obligor
26 has been discharged, disciplined, denied employment or
27 otherwise penalized by the payor and may impose a fine
28 upon the payor not to exceed $200.
29 (2) Any obligee, public office or obligor who wilfully
30 initiates a false proceeding under this Section or who
31 wilfully fails to comply with the requirements of this
32 Section shall be punished as in cases of contempt of court.
33 (K) Alternative Procedures for Entry and Service of an Order
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1 for Withholding.
2 (1) Effective January 1, 1987, in any matter in which an
3 order for withholding has not been entered for any reason,
4 based upon the last order for support that has been entered,
5 and in which the obligor has become delinquent in payment of
6 an amount equal to at least one month's support obligation
7 pursuant to the last order for support or is at least 30 days
8 late in complying with all or part of the order for support,
9 the obligee or public office may prepare and serve an order
10 for withholding pursuant to the procedures set forth in this
11 subsection.
12 (2) The obligee or public office shall:
13 (a) prepare a proposed order for withholding for
14 immediate service as provided by paragraphs (1) and (3)
15 of subsection (B), except that the minimum 20%
16 delinquency payment shall be used;
17 (b) prepare a notice of delinquency as provided by
18 paragraphs (1) and (2) of subsection (C), except the
19 notice shall state further that the order for withholding
20 has not been entered by the court and the conditions
21 under which the order will be entered; and
22 (c) serve the notice of delinquency and form
23 petition to stay service as provided by paragraph (3) of
24 subsection (C), together with the proposed order for
25 withholding, which shall be marked "COPY ONLY".
26 (3) After 20 days following service of the notice of
27 delinquency and proposed order for withholding, in lieu of
28 the provisions of subsection (E), the obligee or public
29 office shall file with the Clerk of the Circuit Court an
30 affidavit, with a copy of the notice of delinquency and
31 proposed order for withholding attached thereto, stating
32 that:
33 (a) the notice of delinquency and proposed order
34 for withholding have been served upon the obligor and the
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1 date on which service was effected;
2 (b) the obligor has not filed a petition to stay
3 service within 20 days of service of such notice and
4 order; and
5 (c) the proposed order for withholding accurately
6 states the terms and amounts contained in the last order
7 for support.
8 (4) Upon the court's satisfaction that the procedures
9 set forth in this subsection have been met, it shall enter
10 the order for withholding.
11 (5) The Clerk shall then provide to the obligee or
12 public office a specially certified copy of the order for
13 withholding and the notice of delinquency indicating that the
14 preconditions for service have been met.
15 (6) The obligee or public office shall serve the
16 specially certified copies of the order for withholding and
17 the notice of delinquency on the payor, its superintendent,
18 manager or other agent by certified mail or personal
19 delivery. A proof of service shall be filed with the Clerk
20 of the Circuit Court.
21 (7) If the obligor requests in writing that income
22 withholding become effective prior to becoming delinquent in
23 payment of an amount equal to one month's support obligation
24 pursuant to the last order for support, or prior to becoming
25 30 days late in paying all or part of the order for support,
26 the obligee or public office shall file an affidavit with the
27 Clerk of the circuit Court, with a proposed order for
28 withholding attached, stating that the proposed order
29 accurately states the terms and amounts contained in the last
30 order for support and the obligor's request for immediate
31 service. The provisions of paragraphs (4) through (6) of this
32 subsection shall apply, except that a notice of delinquency
33 shall not be required.
34 (8) All other provisions of this Section shall be
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1 applicable with respect to the provisions of this subsection
2 (K), except that under paragraph (1) of subsection (H), the
3 court may also amend the proposed order for withholding to
4 conform to the last order for support.
5 (9) Nothing in this subsection shall be construed as
6 limiting the requirements of paragraph (1) of subsection (B)
7 with respect to the entry of a separate order for withholding
8 upon entry of any order for support.
9 (L) Remedies in Addition to Other Laws.
10 (1) The rights, remedies, duties and penalties created
11 by this Section are in addition to and not in substitution
12 for any other rights, remedies, duties and penalties created
13 by any other law.
14 (2) Nothing in this Section shall be construed as
15 invalidating any assignment of wages or benefits executed
16 prior to July 1, 1985.
17 (Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
18 88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
19 (Text of Section after amendment by P.A. 89-507)
20 Sec. 20. Withholding of Income to Secure Payment of
21 Support.
22 (A) Definitions.
23 (1) "Order for support" means any order of the court
24 which provides for periodic payment of funds for the support
25 of a child, whether temporary or final, and includes any such
26 order which provides for:
27 (a) modification or resumption of, or payment of
28 arrearage accrued under, a previously existing order;
29 (b) reimbursement of support;
30 (c) payment or reimbursement of the expense of
31 pregnancy and delivery; or
32 (d) enrollment in a health insurance plan that is
33 available to the obligor through an employer or labor
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1 union or trade union.
2 (2) "Arrearage" means the total amount of unpaid support
3 obligations as determined by the court and incorporated into
4 an order for support.
5 (3) "Delinquency" means any payment under an order for
6 support which becomes due and remains unpaid after entry of
7 the an order for support withholding has been entered under
8 subsection (B) or, for purposes of subsection (K), after the
9 last order for support was entered for which no order for
10 withholding was entered.
11 (4) "Income" means any form of periodic payment to an
12 individual, regardless of source, including, but not limited
13 to: wages, salary, commission, compensation as an independent
14 contractor, workers' compensation, disability, annuity,
15 pension, and retirement benefits, lottery prize awards,
16 insurance proceeds, vacation pay, bonuses, profit-sharing
17 payments, interest, and any other payments, made by any
18 person, private entity, federal or state government, any unit
19 of local government, school district or any entity created by
20 Public Act; however, "income" excludes:
21 (a) any amounts required by law to be withheld,
22 other than creditor claims, including, but not limited
23 to, federal, State and local taxes, Social Security and
24 other retirement and disability contributions;
25 (b) union dues;
26 (c) any amounts exempted by the federal Consumer
27 Credit Protection Act;
28 (d) public assistance payments; and
29 (e) unemployment insurance benefits except as
30 provided by law.
31 Any other State or local laws which limit or exempt
32 income or the amount or percentage of income that can be
33 withheld shall not apply.
34 (5) "Obligor" means the individual who owes a duty to
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1 make payments under an order for support.
2 (6) "Obligee" means the individual to whom a duty of
3 support is owed or the individual's legal representative.
4 (7) "Payor" means any payor of income to an obligor.
5 (8) "Public office" means any elected official or any
6 State or local agency which is or may become responsible by
7 law for enforcement of, or which is or may become authorized
8 to enforce, an order for support, including, but not limited
9 to: the Attorney General, the Illinois Department of Public
10 Aid, the Illinois Department of Human Services, the Illinois
11 Department of Children and Family Services, and the various
12 State's Attorneys, Clerks of the Circuit Court and
13 supervisors of general assistance.
14 (9) "Premium" means the dollar amount for which the
15 obligor is liable to his employer or labor union or trade
16 union and which must be paid to enroll or maintain a child in
17 a health insurance plan that is available to the obligor
18 through an employer or labor union or trade union.
19 (B) Entry of Order for Support Containing Income
20 Withholding Provisions; Income Withholding Notice.
21 (1) In addition to any content required under other
22 laws, every order for support entered on or after July 1,
23 1997, shall:
24 (a) Require an income withholding notice to be
25 prepared and served immediately upon any payor of the
26 obligor by the obligee or public office, unless a written
27 agreement is reached between and signed by both parties
28 providing for an alternative arrangement, approved and
29 entered into the record by the court, which ensures
30 payment of support. In that case, the order for support
31 shall provide that an income withholding notice is to be
32 prepared and served only if the obligor becomes
33 delinquent in paying the order for support; and
34 (b) Contain a dollar amount to be paid until
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1 payment in full of any delinquency that accrues after
2 entry of the order for support. The amount for payment
3 of delinquency shall not be less than 20% of the total of
4 the current support amount and the amount to be paid
5 periodically for payment of any arrearage stated in the
6 order for support; and
7 (c) Include the obligor's Social Security Number,
8 which the obligor shall disclose to the court. If the
9 obligor is not a United States citizen, the obligor shall
10 disclose to the court, and the court shall include in the
11 order for support, the obligor's alien registration
12 number, passport number, and home country's social
13 security or national health number, if applicable.
14 (2) At the time the order for support is entered, the
15 Clerk of the Circuit Court shall provide a copy of the order
16 to the obligor and shall make copies available to the obligee
17 and public office.
18 (3) The income withholding notice shall:
19 (a) Be in the standard format prescribed by the
20 federal Department of Health and Human Services; and
21 (b) Direct any payor to withhold the dollar amount
22 required for current support under the order for support;
23 and
24 (c) Direct any payor to withhold the dollar amount
25 required to be paid periodically under the order for
26 support for payment of the amount of any arrearage stated
27 in the order for support; and
28 (d) Direct any payor or labor union or trade union
29 to enroll a child as a beneficiary of a health insurance
30 plan and withhold or cause to be withheld, if applicable,
31 any required premiums; and
32 (e) State the amount of the payor income
33 withholding fee specified under this Section; and
34 (f) State that the amount actually withheld from
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1 the obligor's income for support and other purposes,
2 including the payor withholding fee specified under this
3 Section, may not be in excess of the maximum amount
4 permitted under the federal Consumer Credit Protection
5 Act; and
6 (g) State the duties of the payor and the fines and
7 penalties for failure to withhold and pay over income and
8 for discharging, disciplining, refusing to hire, or
9 otherwise penalizing the obligor because of the duty to
10 withhold and pay over income under this Section; and
11 (h) State the rights, remedies, and duties of the
12 obligor under this Section; and
13 (i) Include the obligor's Social Security Number;
14 and
15 (j) Include the date that withholding for current
16 support terminates, which shall be the date of
17 termination of the current support obligation set forth
18 in the order for support.
19 (4) The accrual of a delinquency as a condition for
20 service of an income withholding notice, under the exception
21 to immediate withholding in paragraph (1) of this subsection,
22 shall apply only to the initial service of an income
23 withholding notice on a payor of the obligor.
24 (5) Notwithstanding the exception to immediate
25 withholding contained in paragraph (1) of this subsection, if
26 the court finds at the time of any hearing that an arrearage
27 has accrued, the court shall order immediate service of an
28 income withholding notice upon the payor.
29 (6) If the order for support, under the exception to
30 immediate withholding contained in paragraph (1) of this
31 subsection, provides that an income withholding notice is to
32 be prepared and served only if the obligor becomes delinquent
33 in paying the order for support, the obligor may execute a
34 written waiver of that condition and request immediate
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1 service on the payor.
2 (7) The obligee or public office may serve the income
3 withholding notice on the payor or its superintendent,
4 manager, or other agent by ordinary mail or certified mail
5 return receipt requested, by facsimile transmission or other
6 electronic means, by personal delivery, or by any method
7 provided by law for service of a summons. At the time of
8 service on the payor and as notice that withholding has
9 commenced, the obligee or public office shall serve a copy of
10 the income withholding notice on the obligor by ordinary mail
11 addressed to his or her last known address. Proofs of
12 service on the payor and the obligor shall be filed with the
13 Clerk of the Circuit Court.
14 (8) At any time after the initial service of an income
15 withholding notice under this Section, any other payor of the
16 obligor may be served with the same income withholding notice
17 without further notice to the obligor.
18 (C) Income Withholding After Accrual of Delinquency.
19 (1) Whenever an obligor accrues a delinquency, the
20 obligee or public office may prepare and serve upon the
21 obligor's payor an income withholding notice that:
22 (a) Contains the information required under
23 paragraph (3) of subsection (B); and
24 (b) Contains a computation of the period and total
25 amount of the delinquency as of the date of the notice;
26 and
27 (c) Directs the payor to withhold the dollar amount
28 required to be withheld periodically under the order for
29 support for payment of the delinquency.
30 (2) The income withholding notice and the obligor's copy
31 of the income withholding notice shall be served as provided
32 in paragraph (7) of subsection (B).
33 (3) The obligor may contest withholding commenced under
34 this subsection by filing a petition to contest withholding
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1 with the Clerk of the Circuit Court within 20 days after
2 service of a copy of the income withholding notice on the
3 obligor. However, the grounds for the petition to contest
4 withholding shall be limited to:
5 (a) A dispute concerning the existence or amount of
6 the delinquency; or
7 (b) The identity of the obligor.
8 The Clerk of the Circuit Court shall notify the obligor
9 and the obligee or public office of the time and place of the
10 hearing on the petition to contest withholding. The court
11 shall hold the hearing pursuant to the provisions of
12 subsection (F).
13 (D) Initiated Withholding.
14 (1) Notwithstanding any other provision of this Section,
15 if the court has not required that income withholding take
16 effect immediately, the obligee or public office may initiate
17 withholding, regardless of whether a delinquency has accrued,
18 by preparing and serving an income withholding notice on the
19 payor that contains the information required under paragraph
20 (3) of subsection (B) and states that the parties' written
21 agreement providing an alternative arrangement to immediate
22 withholding under paragraph (1) of subsection (B) no longer
23 ensures payment of support and the reason or reasons why it
24 does not.
25 (2) The income withholding notice and the obligor's copy
26 of the income withholding notice shall be served as provided
27 in paragraph (7) of subsection (B).
28 (3) The obligor may contest withholding commenced under
29 this subsection by filing a petition to contest withholding
30 with the Clerk of the Circuit Court within 20 days after
31 service of a copy of the income withholding notice on the
32 obligor. However, the grounds for the petition shall be
33 limited to a dispute concerning:
34 (a) whether the parties' written agreement providing
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1 an alternative arrangement to immediate withholding under
2 paragraph (1) of subsection (B) continues to ensure
3 payment of support; or
4 (b) the identity of the obligor.
5 It shall not be grounds for filing a petition that the
6 obligor has made all payments due by the date of the
7 petition.
8 (4) If the obligor files a petition contesting
9 withholding within the 20-day period required under paragraph
10 (3), the Clerk of the Circuit Court shall notify the obligor
11 and the obligee or public office, as appropriate, of the time
12 and place of the hearing on the petition. The court shall
13 hold the hearing pursuant to the provisions of subsection
14 (F).
15 (B) Entry of an Order for Withholding.
16 (1) Upon entry of any order for support on or after July
17 1, 1985, the court shall enter a separate order for
18 withholding which shall not take effect unless the obligor
19 becomes delinquent in paying the order for support or the
20 obligor requests an earlier effective date; except that the
21 court may require the order for withholding to take effect
22 immediately.
23 On or after January 1, 1989, the court shall require the
24 order for withholding to take effect immediately, unless a
25 written agreement is reached between and signed by both
26 parties providing for an alternative arrangement, approved
27 and entered into the record by the court, which insures
28 payment of support. In that case, the court shall enter the
29 order for withholding which will not take effect unless the
30 obligor becomes delinquent in paying the order for support.
31 Upon entry of any order of support on or after September
32 11, 1989, if the obligor is not a United States citizen, the
33 obligor shall provide to the court the obligor's alien
34 registration number, passport number, and home country's
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1 social security or national health number, if applicable; the
2 court shall make the information part of the record in the
3 case.
4 (2) An order for withholding shall be entered upon
5 petition by the obligee or public office where an order for
6 withholding has not been previously entered.
7 (3) The order for withholding shall:
8 (a) direct any payor to withhold a dollar amount
9 equal to the order for support; and
10 (b) direct any payor to withhold an additional
11 dollar amount, not less than 20% of the order for
12 support, until payment in full of any delinquency stated
13 in the notice of delinquency provided for in subsection
14 (C) or (F) of this Section; and
15 (c) direct any payor or labor union or trade union
16 to enroll a child as a beneficiary of a health insurance
17 plan and withhold or cause to be withheld, if applicable,
18 any required premiums; and
19 (d) state the rights, remedies and duties of the
20 obligor under this Section; and
21 (e) include the obligor's Social Security Number,
22 which the obligor shall disclose to the court; and
23 (f) include the date that withholding for current
24 support terminates, which shall be the date of
25 termination of the current support obligation set forth
26 in the order for support.
27 (4) At the time the order for withholding is entered,
28 the Clerk of the Circuit Court shall provide a copy of the
29 order for withholding and the order for support to the
30 obligor and shall make copies available to the obligee and
31 public office. Any copy of the order for withholding
32 furnished to the parties under this subsection shall be
33 stamped "Not Valid".
34 (5) The order for withholding shall remain in effect for
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1 as long as the order for support upon which it is based.
2 (6) The failure of an order for withholding to state an
3 arrearage is not conclusive of the issue of whether an
4 arrearage is owing.
5 (7) Notwithstanding the provisions of this subsection,
6 if the court finds at the time of any hearing that arrearage
7 has accrued in an amount equal to at least one month's
8 support obligation or that the obligor is 30 days late in
9 paying all or part of the order for support, the court shall
10 order immediate service of the order for withholding upon the
11 payor.
12 (8) Where the court has not required that the order for
13 withholding take effect immediately, the obligee or public
14 office may prepare and serve a notice for immediate
15 withholding upon the obligor by ordinary mail addressed to
16 the obligor at his or her last known address. The notice
17 shall state that the following circumstances have occurred:
18 (a) The parties' written agreement providing an
19 alternative arrangement to immediate withholding under
20 paragraph (1) of this subsection no longer provides for
21 timely payment of all support due; or
22 (b) The obligor has not made timely payments in
23 that the obligor has been at least 7 days late in paying
24 all or part of the order for support any of the last 6
25 consecutive dates payments were due prior to the date of
26 the notice for immediate withholding.
27 The notice for immediate withholding shall clearly state
28 that a specially certified copy of the order for withholding
29 will be sent to the payor, unless the obligor files a
30 petition contesting immediate withholding within 20 days
31 after service of the notice; however, the grounds for the
32 petition shall be limited to a dispute concerning whether the
33 circumstances stated in the notice have occurred or the
34 identity of the obligor. It shall not be grounds for the
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1 petition that the obligor has made all payments due by the
2 date of the petition.
3 If the obligor files a petition contesting immediate
4 withholding within the 20-day period required under this
5 paragraph, the Clerk of the Circuit Court shall notify the
6 obligor and the obligee or public office, as appropriate, of
7 the time and place of the hearing on the petition. Upon
8 hearing the petition, the court shall enter an order granting
9 or denying relief. It shall not be grounds for granting the
10 obligor's petition that he or she has made all payments due
11 by the date of hearing. If the court denies the obligor's
12 petition, it shall order immediate service of the order for
13 withholding and direct the clerk to provide a specially
14 certified copy of the order for withholding to the obligee or
15 public office indicating that the requirements for immediate
16 withholding under this paragraph have been met.
17 If the obligor does not file a petition contesting
18 immediate withholding within the 20-day period, the obligee
19 or public office shall file with the Clerk of the Circuit
20 Court an affidavit, with a copy of the notice for immediate
21 withholding attached thereto, stating that the notice was
22 duly served and the date on which service was effected, and
23 that the obligor has not filed a petition contesting
24 immediate withholding. The clerk shall then provide to the
25 obligee or public office a specially certified copy of the
26 order for withholding indicating that the requirements for
27 immediate withholding under this paragraph have been met.
28 Upon receipt of a specially certified copy of the order
29 for withholding, the obligee or public office may serve the
30 order on the payor, its superintendent, manager or other
31 agent, by certified mail or personal delivery. A proof of
32 service shall be filed with the Clerk of the Circuit Court.
33 (C) Notice of Delinquency.
34 (1) Whenever an obligor becomes delinquent in payment of
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1 an amount equal to at least one month's support obligation
2 pursuant to the order for support or is at least 30 days late
3 in complying with all or part of the order for support,
4 whichever occurs first, the obligee or public office may
5 prepare and serve a verified notice of delinquency, together
6 with a form petition to stay service, pursuant to paragraph
7 (3) of this subsection.
8 (2) The notice of delinquency shall recite the terms of
9 the order for support and contain a computation of the period
10 and total amount of the delinquency, as of the date of the
11 notice. The notice shall clearly state that it will be sent
12 to the payor, together with a specially certified copy of the
13 order for withholding, except as provided in subsection (F),
14 unless the obligor files a petition to stay service in
15 accordance with paragraph (1) of subsection (D).
16 (3) The notice of delinquency shall be served by
17 ordinary mail addressed to the obligor at his or her last
18 known address.
19 (4) The obligor may execute a written waiver of the
20 provisions of paragraphs (1) through (3) of this subsection
21 and request immediate service upon the payor.
22 (D) Procedures to Avoid Income Withholding.
23 (1) Except as provided in subsection (F), the obligor
24 may prevent an order for withholding from being served by
25 filing a petition to stay service with the Clerk of the
26 Circuit Court, within 20 days after service of the notice of
27 delinquency; however, the grounds for the petition to stay
28 service shall be limited to a dispute concerning: (a) the
29 amount of current support or the existence or amount of the
30 delinquency; or (b) the identity of the obligor.
31 The Clerk of the Circuit Court shall notify the obligor
32 and the obligee or public office, as appropriate, of the time
33 and place of the hearing on the petition to stay service. The
34 court shall hold such hearing pursuant to the provisions of
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1 subsection (H).
2 (2) Except as provided in subsection (F), filing of a
3 petition to stay service, within the 20-day period required
4 under this subsection, shall prohibit the obligee or public
5 office from serving the order for withholding on any payor of
6 the obligor.
7 (E) Initial Service of Order for Withholding.
8 (1) Except as provided in subsection (F), in order to
9 serve an order for withholding upon a payor, an obligee or
10 public office shall follow the procedures set forth in this
11 subsection. After 20 days following service of the notice of
12 delinquency, the obligee or public office shall file with the
13 Clerk of the Circuit Court an affidavit, with the copy of the
14 notice of delinquency attached thereto, stating:
15 (a) that the notice of delinquency has been duly
16 served and the date on which service was effected; and
17 (b) that the obligor has not filed a petition to
18 stay service, or in the alternative
19 (c) that the obligor has waived the provisions of
20 subparagraphs (a) and (b) of this paragraph (1) in
21 accordance with subsection (C)(4).
22 (2) Upon request of the obligee or public office, the
23 Clerk of the Circuit Court shall: (a) make available any
24 record of payment; and (b) determine that the file contains a
25 copy of the affidavit described in paragraph (1). The Clerk
26 shall then provide to the obligee or public office a
27 specially certified copy of the order for withholding and the
28 notice of delinquency indicating that the preconditions for
29 service have been met.
30 (3) The obligee or public office may then serve the
31 notice of delinquency and order for withholding on the payor,
32 its superintendent, manager or other agent, by certified mail
33 or personal delivery. A proof of service shall be filed with
34 the Clerk of the Circuit Court.
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1 (F) Subsequent Service of Order for Withholding.
2 (1) Notwithstanding the provisions of this Section, at
3 any time after the court has ordered immediate service of an
4 order for withholding or after initial service of an order
5 for withholding pursuant to subsection (E), the obligee or
6 public office may serve the order for withholding upon any
7 payor of the obligor without further notice to the obligor.
8 The obligee or public office shall provide notice to the
9 payor, pursuant to paragraph (6) of subsection (I), of any
10 payments that have been made through previous withholding or
11 any other method.
12 (2) The Clerk of the Circuit Court shall, upon request,
13 provide the obligee or public office with specially certified
14 copies of the order for withholding or the notice of
15 delinquency or both whenever the Court has ordered immediate
16 service of an order for withholding or an affidavit has been
17 placed in the court file indicating that the preconditions
18 for service have been previously met. The obligee or public
19 office may then serve the order for withholding on the payor,
20 its superintendent, manager or other agent by certified mail
21 or personal delivery. A proof of service shall be filed with
22 the Clerk of the Circuit Court.
23 (3) If a delinquency has accrued for any reason, the
24 obligee or public office may serve a notice of delinquency
25 upon the obligor pursuant to subsection (C). The obligor may
26 prevent the notice of delinquency from being served upon the
27 payor by utilizing the procedures set forth in subsection
28 (D). If no petition to stay service has been filed within the
29 required 20 day time period, the obligee or public office may
30 serve the notice of delinquency on the payor by utilizing the
31 procedures for service set forth in subsection (E).
32 (E) (G) Duties of Payor.
33 (1) It shall be the duty of any payor who has been
34 served with an income withholding a copy of the specially
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1 certified order for withholding and any notice of delinquency
2 to deduct and pay over income as provided in this subsection.
3 The payor shall deduct the amount designated in the income
4 order for withholding notice, as supplemented by the notice
5 of delinquency and any notice provided pursuant to paragraph
6 (6) of subsection (G) (I), beginning no later than the next
7 payment of income which is payable or creditable to the
8 obligor that occurs 14 days following the date the income
9 withholding order and any notice was were mailed, sent by
10 facsimile or other electronic means, by certified mail or
11 placed for personal delivery to or service on the payor. The
12 payor may combine all amounts withheld for the benefit of an
13 obligee or public office into a single payment and transmit
14 the payment with a listing of obligors from whom withholding
15 has been effected. The payor shall pay the amount withheld to
16 the obligee or public office within 7 business days after the
17 date the amount would (but for the duty to withhold income)
18 have been paid or credited to the obligor 10 calendar days of
19 the date income is paid to the obligor in accordance with the
20 order for withholding and any subsequent notification
21 received from the public office redirecting payments. If the
22 payor knowingly fails to pay any amount withheld to the
23 obligee or public office within 7 business days after the
24 date the amount would have been 10 calendar days of the date
25 income is paid or credited to the obligor, the payor shall
26 pay a penalty of $100 for each day that the withheld amount
27 is not paid to the obligee or public office after the period
28 of 7 business 10 calendar days has expired. The failure of a
29 payor, on more than one occasion, to pay amounts withheld to
30 the obligee or public office within 7 business days after the
31 date the amount would have been 10 calendar days of the date
32 income is paid or credited to the obligor creates a
33 presumption that the payor knowingly failed to pay over the
34 amounts. This penalty may be collected in a civil action
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1 which may be brought against the payor in favor of the
2 obligee or public office. For purposes of this Section, a
3 withheld amount shall be considered paid by a payor on the
4 date it is mailed by the payor, or on the date an electronic
5 funds transfer of the amount has been initiated by the payor,
6 or on the date delivery of the amount has been initiated by
7 the payor. For each deduction, the payor shall provide the
8 obligee or public office, at the time of transmittal, with
9 the date the amount would (but for the duty to withhold
10 income) have been paid or credited to the obligor income was
11 paid from which support was withheld.
12 Upon receipt of an income withholding notice order
13 requiring that a minor child be named as a beneficiary of a
14 health insurance plan available through an employer or labor
15 union or trade union, the employer or labor union or trade
16 union shall immediately enroll the minor child as a
17 beneficiary in the health insurance plan designated by the
18 income withholding notice court order. The employer shall
19 withhold any required premiums and pay over any amounts so
20 withheld and any additional amounts the employer pays to the
21 insurance carrier in a timely manner. The employer or labor
22 union or trade union shall mail to the obligee, within 15
23 days of enrollment or upon request, notice of the date of
24 coverage, information on the dependent coverage plan, and all
25 forms necessary to obtain reimbursement for covered health
26 expenses, such as would be made available to a new employee.
27 When an order for dependent coverage is in effect and the
28 insurance coverage is terminated or changed for any reason,
29 the employer or labor union or trade union shall notify the
30 obligee within 10 days of the termination or change date
31 along with notice of conversion privileges.
32 For withholding of income, the payor shall be entitled to
33 receive a fee not to exceed $5 per month to be taken from the
34 income to be paid to the obligor.
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1 (2) Whenever the obligor is no longer receiving income
2 from the payor, the payor shall return a copy of the income
3 order for withholding notice to the obligee or public office
4 and shall provide information for the purpose of enforcing
5 this Section.
6 (3) Withholding of income under this Section shall be
7 made without regard to any prior or subsequent garnishments,
8 attachments, wage assignments, or any other claims of
9 creditors. Withholding of income under this Section shall
10 not be in excess of the maximum amounts permitted under the
11 federal Consumer Credit Protection Act. If the payor has been
12 served with more than one income order for withholding notice
13 pertaining to the same obligor, the payor shall allocate
14 income available for withholding on a proportionate share
15 basis, giving priority to current support payments. If there
16 is any income available for withholding after withholding for
17 all current support obligations, the payor shall allocate the
18 income to past due support payments ordered in cases in which
19 cash assistance under the Illinois Public Aid Code is not
20 being provided to the obligee non-AFDC matters and then to
21 past due support payments ordered in cases in which cash
22 assistance under the Illinois Public Aid Code is being
23 provided to the obligee AFDC matters, both on a proportionate
24 share basis. A payor who complies with an income withholding
25 notice that is regular on its face shall not be subject to
26 civil liability with respect to any individual, any agency,
27 or any creditor of the obligor for conduct in compliance with
28 the notice. Payment as required by the order for withholding
29 shall be a complete defense by the payor against any claims
30 of the obligor or his creditors as to the sum so paid.
31 (4) No payor shall discharge, discipline, refuse to hire
32 or otherwise penalize any obligor because of the duty to
33 withhold income.
34 (F) (H) Petitions to Contest Withholding Stay Service or to
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1 Modify, Suspend, or Terminate, or Correct Income Orders for
2 Withholding Notices.
3 (1) When an obligor files a petition to contest
4 withholding stay service, the court, after due notice to all
5 parties, shall hear the matter as soon as practicable and
6 shall enter an order granting or denying relief, ordering
7 service of an amended income withholding notice amending the
8 notice of delinquency, amending the order for withholding,
9 where applicable, or otherwise resolving the matter.
10 The court shall deny the obligor's petition if the court
11 finds that when the income withholding notice was mailed,
12 sent by facsimile transmission or other electronic means, or
13 placed for personal delivery to or service on the payor:
14 (a) A delinquency existed; or
15 (b) The parties' written agreement providing an
16 alternative arrangement to immediate withholding under
17 paragraph (1) of subsection (B) no longer ensured payment
18 of support. If the court finds that a delinquency existed
19 when the notice of delinquency was served upon the
20 obligor, in an amount of at least one month's support
21 obligation, or that the obligor was at least 30 days late
22 in paying all or part of the order for support, the court
23 shall order immediate service of the order for
24 withholding. Where the court cannot promptly resolve any
25 dispute over the amount of the delinquency, the court may
26 order immediate service of the order for withholding as
27 to any undisputed amounts specified in an amended notice
28 of delinquency, and may continue the hearing on the
29 disputed amounts.
30 (2) At any time, an obligor, obligee, public office or
31 Clerk of the Circuit Court may petition the court to:
32 (a) modify, suspend or terminate the income order
33 for withholding notice because of a modification,
34 suspension or termination of the underlying order for
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1 support; or
2 (b) modify the amount of income to be withheld to
3 reflect payment in full or in part of the delinquency or
4 arrearage by income withholding or otherwise; or
5 (c) suspend the income order for withholding notice
6 because of inability to deliver income withheld to the
7 obligee due to the obligee's failure to provide a mailing
8 address or other means of delivery.
9 (3) At any time an obligor may petition the court to
10 correct a term contained in an income withholding notice to
11 conform to that stated in the underlying order for support
12 for:
13 (a) The amount of current support;
14 (b) The amount of the arrearage;
15 (c) The periodic amount for payment of the
16 arrearage; or
17 (d) The periodic amount for payment of the
18 delinquency.
19 (4) (3) The obligor, obligee or public office shall
20 serve on the payor, in the manner provided for service of
21 income withholding notices in paragraph (7) of subsection (B)
22 by certified mail or personal delivery, a copy of any order
23 entered pursuant to this subsection that affects the duties
24 of the payor.
25 (5) (4) At any time, a public office or Clerk of the
26 Circuit Court may serve a notice on the payor to:
27 (a) Cease withholding of income for payment of
28 current support for a child when the support obligation
29 for that child has automatically ceased under the order
30 for support through emancipation or otherwise; or
31 (b) Cease withholding of income for payment of
32 delinquency or arrearage when the delinquency or
33 arrearage has been paid in full.
34 (6) (5) The notice provided for under paragraph (5) (4)
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1 of this subsection shall be served on the payor in the manner
2 provided for service of income withholding notices in
3 paragraph (7) of subsection (B) by ordinary mail, and a copy
4 shall be provided to the obligor and the obligee. A copy of
5 the notice shall be filed with the Clerk of the Circuit
6 Court.
7 (7) (6) The income order for withholding notice shall
8 continue to be binding upon the payor until service of an
9 amended income withholding notice or any order of the court
10 or notice entered or provided for under this subsection.
11 (G) (I) Additional Duties.
12 (1) An obligee who is receiving income withholding
13 payments under this Section shall notify the payor, if the
14 obligee receives the payments directly from the payor, or the
15 public office or the Clerk of the Circuit Court, as
16 appropriate, of any change of address within 7 days of such
17 change.
18 (2) An obligee who is a recipient of public aid shall
19 send a copy of any income withholding notice served by the
20 obligee of delinquency filed pursuant to subsection (C) to
21 the Division Bureau of Child Support Enforcement of the
22 Illinois Department of Public Aid.
23 (3) Each obligor shall notify the obligee, the public
24 office, and the Clerk of the Circuit Court of any change of
25 address within 7 days.
26 (4) An obligor whose income is being withheld or who has
27 been served with a notice of delinquency pursuant to this
28 Section shall notify the obligee, the public office, and the
29 Clerk of the Circuit Court of any new payor, within 7 days.
30 (5) When the Illinois Department of Public Aid is no
31 longer authorized to receive payments for the obligee, it
32 shall, within 7 days, notify the payor or, where appropriate,
33 the Clerk of the Circuit Court, to redirect income
34 withholding payments to the obligee.
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1 (6) The obligee or public office shall provide notice to
2 the payor and Clerk of the Circuit Court of any other support
3 payment made, including but not limited to, a set-off under
4 federal and State law or partial payment of the delinquency
5 or arrearage, or both.
6 (7) Any public office and Clerk of the Circuit Court
7 which collects, disburses or receives payments pursuant to
8 income orders for withholding notices shall maintain
9 complete, accurate, and clear records of all payments and
10 their disbursements. Certified copies of payment records
11 maintained by a public office or Clerk of the Circuit Court
12 shall, without further proof, be admitted into evidence in
13 any legal proceedings under this Section.
14 (8) The Illinois Department of Public Aid shall design
15 suggested legal forms for proceeding under this Section and
16 shall make available to the courts such forms and
17 informational materials which describe the procedures and
18 remedies set forth herein for distribution to all parties in
19 support actions.
20 (9) At the time of transmitting each support payment,
21 the clerk of the circuit court shall provide the obligee or
22 public office, as appropriate, with any information furnished
23 by the payor as to the date the amount would (but for the
24 duty to withhold income) have been paid or credited to the
25 obligor income was paid from which such support was withheld.
26 (H) (J) Penalties.
27 (1) Where a payor wilfully fails to withhold or pay over
28 income pursuant to a properly served income withholding
29 notice, specially certified order for withholding and any
30 notice of delinquency, or wilfully discharges, disciplines,
31 refuses to hire or otherwise penalizes an obligor as
32 prohibited by subsection (E) (G), or otherwise fails to
33 comply with any duties imposed by this Section, the obligee,
34 public office or obligor, as appropriate, may file a
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1 complaint with the court against the payor. The clerk of the
2 circuit court shall notify the obligee or public office, as
3 appropriate, and the obligor and payor of the time and place
4 of the hearing on the complaint. The court shall resolve any
5 factual dispute including, but not limited to, a denial that
6 the payor is paying or has paid income to the obligor. Upon
7 a finding in favor of the complaining party, the court:
8 (a) shall enter judgment and order the enforcement
9 thereof for the total amount that the payor wilfully
10 failed to withhold or pay over; and
11 (b) may order employment or reinstatement of or
12 restitution to the obligor, or both, where the obligor
13 has been discharged, disciplined, denied employment or
14 otherwise penalized by the payor and may impose a fine
15 upon the payor not to exceed $200.
16 (2) Any obligee, public office or obligor who wilfully
17 initiates a false proceeding under this Section or who
18 wilfully fails to comply with the requirements of this
19 Section shall be punished as in cases of contempt of court.
20 (I) Alternative Procedures for Service of an Income
21 Withholding Notice.
22 (1) The procedures of this subsection may be used in any
23 matter to serve an income withholding notice on a payor if:
24 (a) For any reason the most recent order for
25 support entered does not contain the income withholding
26 provisions required under subsection (B), irrespective of
27 whether a separate order for withholding was entered
28 prior to July 1, 1997; and
29 (b) The obligor has accrued a delinquency after
30 entry of the most recent order for support.
31 (2) The obligee or public office shall prepare and serve
32 the income withholding notice in accordance with the
33 provisions of subsection (C), except that the notice shall
34 contain a periodic amount for payment of the delinquency
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1 equal to 20% of the total of the current support amount and
2 the amount to be paid periodically for payment of any
3 arrearage stated in the most recent order for support.
4 (3) If the obligor requests in writing that income
5 withholding become effective prior to the obligor accruing a
6 delinquency under the most recent order for support, the
7 obligee or public office may prepare and serve an income
8 withholding notice on the payor as provided in subsection
9 (B). In addition to filing proofs of service of the income
10 withholding notice on the payor and the obligor, the obligee
11 or public office shall file a copy of the obligor's written
12 request for income withholding with the Clerk of the Circuit
13 Court.
14 (4) All other provisions of this Section shall be
15 applicable with respect to the provisions of this subsection
16 (I).
17 (K) Alternative Procedures for Entry and Service of an Order
18 for Withholding.
19 (1) Effective January 1, 1987, in any matter in which an
20 order for withholding has not been entered for any reason,
21 based upon the last order for support that has been entered,
22 and in which the obligor has become delinquent in payment of
23 an amount equal to at least one month's support obligation
24 pursuant to the last order for support or is at least 30 days
25 late in complying with all or part of the order for support,
26 the obligee or public office may prepare and serve an order
27 for withholding pursuant to the procedures set forth in this
28 subsection.
29 (2) The obligee or public office shall:
30 (a) prepare a proposed order for withholding for
31 immediate service as provided by paragraphs (1) and (3)
32 of subsection (B), except that the minimum 20%
33 delinquency payment shall be used;
34 (b) prepare a notice of delinquency as provided by
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1 paragraphs (1) and (2) of subsection (C), except the
2 notice shall state further that the order for withholding
3 has not been entered by the court and the conditions
4 under which the order will be entered; and
5 (c) serve the notice of delinquency and form
6 petition to stay service as provided by paragraph (3) of
7 subsection (C), together with the proposed order for
8 withholding, which shall be marked "COPY ONLY".
9 (3) After 20 days following service of the notice of
10 delinquency and proposed order for withholding, in lieu of
11 the provisions of subsection (E), the obligee or public
12 office shall file with the Clerk of the Circuit Court an
13 affidavit, with a copy of the notice of delinquency and
14 proposed order for withholding attached thereto, stating
15 that:
16 (a) the notice of delinquency and proposed order
17 for withholding have been served upon the obligor and the
18 date on which service was effected;
19 (b) the obligor has not filed a petition to stay
20 service within 20 days of service of such notice and
21 order; and
22 (c) the proposed order for withholding accurately
23 states the terms and amounts contained in the last order
24 for support.
25 (4) Upon the court's satisfaction that the procedures
26 set forth in this subsection have been met, it shall enter
27 the order for withholding.
28 (5) The Clerk shall then provide to the obligee or
29 public office a specially certified copy of the order for
30 withholding and the notice of delinquency indicating that the
31 preconditions for service have been met.
32 (6) The obligee or public office shall serve the
33 specially certified copies of the order for withholding and
34 the notice of delinquency on the payor, its superintendent,
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1 manager or other agent by certified mail or personal
2 delivery. A proof of service shall be filed with the Clerk
3 of the Circuit Court.
4 (7) If the obligor requests in writing that income
5 withholding become effective prior to becoming delinquent in
6 payment of an amount equal to one month's support obligation
7 pursuant to the last order for support, or prior to becoming
8 30 days late in paying all or part of the order for support,
9 the obligee or public office shall file an affidavit with the
10 Clerk of the circuit Court, with a proposed order for
11 withholding attached, stating that the proposed order
12 accurately states the terms and amounts contained in the last
13 order for support and the obligor's request for immediate
14 service. The provisions of paragraphs (4) through (6) of this
15 subsection shall apply, except that a notice of delinquency
16 shall not be required.
17 (8) All other provisions of this Section shall be
18 applicable with respect to the provisions of this subsection
19 (K), except that under paragraph (1) of subsection (H), the
20 court may also amend the proposed order for withholding to
21 conform to the last order for support.
22 (9) Nothing in this subsection shall be construed as
23 limiting the requirements of paragraph (1) of subsection (B)
24 with respect to the entry of a separate order for withholding
25 upon entry of any order for support.
26 (J) (L) Remedies in Addition to Other Laws.
27 (1) The rights, remedies, duties and penalties created
28 by this Section are in addition to and not in substitution
29 for any other rights, remedies, duties and penalties created
30 by any other law.
31 (2) Nothing in this Section shall be construed as
32 invalidating any assignment of wages or benefits executed
33 prior to July 1, 1985 or any order for withholding served
34 prior to July 1, 1997.
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1 (Source: P.A. 88-26; 88-45; 88-94; 88-131; 88-307; 88-670,
2 eff. 12-2-94; 89-507, eff. 7-1-97.)
3 (750 ILCS 45/21) (from Ch. 40, par. 2521)
4 Sec. 21. Support payments; receiving and disbursing
5 agents.
6 (1) In an action filed in counties of less than 3
7 million population in which an order for child support is
8 entered, and in supplementary proceedings in such counties to
9 enforce or vary the terms of such order arising out of an
10 action filed in such counties, the court, except in actions
11 or supplementary proceedings in which the pregnancy and
12 delivery expenses of the mother or the child support payments
13 are for a recipient of aid under the Illinois Public Aid
14 Code, shall direct that child support payments be made to the
15 clerk of the court unless in the discretion of the court
16 exceptional circumstances warrant otherwise. In cases where
17 payment is to be made to persons other than the clerk of the
18 court the judgment or order of support shall set forth the
19 facts of the exceptional circumstances.
20 (2) In an action filed in counties of 3 million or more
21 population in which an order for child support is entered,
22 and in supplementary proceedings in such counties to enforce
23 or vary the terms of such order arising out of an action
24 filed date in such counties, the court, except in actions or
25 supplementary proceedings in which the pregnancy and delivery
26 expenses of the mother or the child support payments are for
27 a recipient of aid under the Illinois Public Aid Code, shall
28 direct that child support payments be made either to the
29 clerk of the court or to the Court Service Division of the
30 County Department of Public Aid, or to the clerk of the court
31 or to the Illinois Department of Public Aid, unless in the
32 discretion of the court exceptional circumstances warrant
33 otherwise. In cases where payment is to be made to persons
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1 other than the clerk of the court, the Court Service Division
2 of the County Department of Public Aid, or the Illinois
3 Department of Public Aid, the judgment or order of support
4 shall set forth the facts of the exceptional circumstances.
5 (3) Where the action or supplementary proceeding is in
6 behalf of a mother for pregnancy and delivery expenses or for
7 child support, or both, and the mother, child, or both, are
8 recipients of aid under the Illinois Public Aid Code, the
9 court shall order that the payments be made directly to (a)
10 the Illinois Department of Public Aid if the mother or child,
11 or both, are recipients under Articles IV or V of the Code,
12 or (b) the local governmental unit responsible for the
13 support of the mother or child, or both, if they are
14 recipients under Articles VI or VII of the Code. In
15 accordance with federal law and regulations, the Illinois
16 Department of Public Aid may continue to collect current
17 maintenance payments or child support payments, or both,
18 after those persons cease to receive public assistance and
19 until termination of services under Article X of the Illinois
20 Public Aid Code. The Illinois Department of Public Aid shall
21 pay the net amount collected to those persons after deducting
22 any costs incurred in making the collection or any collection
23 fee from the amount of any recovery made. The Illinois
24 Department of Public Aid or the local governmental unit, as
25 the case may be, may direct that payments be made directly to
26 the mother of the child, or to some other person or agency in
27 the child's behalf, upon the removal of the mother and child
28 from the public aid rolls or upon termination of services
29 under Article X of the Illinois Public Aid Code; and upon
30 such direction, the Illinois Department or the local
31 governmental unit, as the case requires, shall give notice of
32 such action to the court in writing or by electronic
33 transmission.
34 (4) All clerks of the court and the Court Service
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1 Division of a County Department of Public Aid and the
2 Illinois Department of Public Aid, receiving child support
3 payments under paragraphs (1) or (2) shall disburse the same
4 to the person or persons entitled thereto under the terms of
5 the order. They shall establish and maintain clear and
6 current records of all moneys received and disbursed and of
7 defaults and delinquencies in required payments. The court,
8 by order or rule, shall make provision for the carrying out
9 of these duties.
10 In cases in which a party is receiving child and spouse
11 support services under Article X of the Illinois Public Aid
12 Code and the order for support provides that child support
13 payments be made to the obligee, the Illinois Department of
14 Public Aid may provide notice to the obligor and the
15 obligor's payor, when income withholding is in effect under
16 Section 20 of this Act, to make all payments after receipt of
17 the Department's notice to the clerk of the court until
18 further notice by the Department or order of the court.
19 Copies of the notice shall be provided to the obligee and the
20 clerk. The clerk's copy shall contain a proof of service on
21 the obligor and the obligor's payor, where applicable. The
22 clerk shall file the clerk's copy of the notice in the court
23 file. The notice to the obligor and the payor, if applicable,
24 may be sent by ordinary mail, certified mail, return receipt
25 requested, facsimile transmission, or other electronic
26 process, or may be served upon the obligor or payor using any
27 method provided by law for service of a summons. An obligor
28 who fails to comply with a notice provided under this
29 paragraph is guilty of a Class B misdemeanor. A payor who
30 fails to comply with a notice provided under this paragraph
31 is guilty of a business offense and subject to a fine of up
32 to $1,000.
33 Upon notification in writing or by electronic
34 transmission from the Illinois Department of Public Aid to
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1 the clerk of the court that a person who is receiving support
2 payments under this Section is receiving services under the
3 Child Support Enforcement Program established by Title IV-D
4 of the Social Security Act, any support payments subsequently
5 received by the clerk of the court shall be transmitted in
6 accordance with the instructions of the Illinois Department
7 of Public Aid until the Department gives notice to cease the
8 transmittal. After providing the notification authorized
9 under this paragraph, the Illinois Department of Public Aid
10 shall be entitled as a party to notice of any further
11 proceedings in the case. The clerk of the court shall file a
12 copy of the Illinois Department of Public Aid's notification
13 in the court file. The failure of the clerk to file a copy
14 of the notification in the court file shall not, however,
15 affect the Illinois Department of Public Aid's right to
16 receive notice of further proceedings.
17 Payments under this Section to the Illinois Department of
18 Public Aid pursuant to the Child Support Enforcement Program
19 established by Title IV-D of the Social Security Act shall be
20 paid into the Child Support Enforcement Trust Fund. All
21 other payments under this Section to the Illinois Department
22 of Public Aid shall be deposited in the Public Assistance
23 Recoveries Trust Fund. Disbursement from these funds shall
24 be as provided in the Illinois Public Aid Code. Payments
25 received by a local governmental unit shall be deposited in
26 that unit's General Assistance Fund.
27 (5) The moneys received by persons or agencies
28 designated by the court shall be disbursed by them in
29 accordance with the order. However, the court, on petition
30 of the state's attorney, may enter new orders designating the
31 clerk of the court or the Illinois Department of Public Aid,
32 as the person or agency authorized to receive and disburse
33 child support payments and, in the case of recipients of
34 public aid, the court, on petition of the Attorney General or
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1 State's Attorney, shall direct subsequent payments to be paid
2 to the Illinois Department of Public Aid or to the
3 appropriate local governmental unit, as provided in paragraph
4 (3). Payments of child support by principals or sureties on
5 bonds, or proceeds of any sale for the enforcement of a
6 judgment shall be made to the clerk of the court, the
7 Illinois Department of Public Aid or the appropriate local
8 governmental unit, as the respective provisions of this
9 Section require.
10 (6) For those cases in which child support is payable to
11 the clerk of the circuit court for transmittal to the
12 Illinois Department of Public Aid by order of court or upon
13 notification by the Illinois Department of Public Aid, the
14 clerk shall transmit all such payments, within 4 working days
15 of receipt, to insure that funds are available for immediate
16 distribution by the Department to the person or entity
17 entitled thereto in accordance with standards of the Child
18 Support Enforcement Program established under Title IV-D of
19 the Social Security Act. The clerk shall notify the
20 Department of the date of receipt and amount thereof at the
21 time of transmittal. Where the clerk has entered into an
22 agreement of cooperation with the Department to record the
23 terms of child support orders and payments made thereunder
24 directly into the Department's automated data processing
25 system, the clerk shall account for, transmit and otherwise
26 distribute child support payments in accordance with such
27 agreement in lieu of the requirements contained herein.
28 (Source: P.A. 88-687, eff. 1-24-95.)
29 (750 ILCS 45/27 new)
30 Sec. 27. Other states' establishments of paternity.
31 Establishments of paternity made under the laws of other
32 states shall be given full faith and credit in this State
33 regardless of whether paternity was established through
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1 voluntary acknowledgment, tests to determine inherited
2 characteristics, or judicial or administrative processes.
3 Section 130. The Business Corporation Act of 1983 is
4 amended by changing Section 1.25 as follows:
5 (805 ILCS 5/1.25) (from Ch. 32, par. 1.25)
6 Sec. 1.25. List of corporations; exchange of
7 information.
8 (a) The Secretary of State shall publish each year a list
9 of corporations filing an annual report for the preceding
10 year in accordance with the provisions of this Act, which
11 report shall state the name of the corporation and the
12 respective names and addresses of the president, secretary,
13 and registered agent thereof and the address of the
14 registered office in this State of each such corporation. The
15 Secretary of State shall furnish without charge a copy of
16 such report to each recorder of this State, and to each
17 member of the General Assembly and to each State agency or
18 department requesting the same. The Secretary of State shall,
19 upon receipt of a written request and a fee as determined by
20 the Secretary, furnish such report to anyone else.
21 (b) (1) The Secretary of State shall publish daily a
22 list of all newly formed corporations, business and not for
23 profit, chartered by him on that day issued after receipt of
24 the application. The daily list shall contain the same
25 information as to each corporation as is provided for the
26 corporation list published under subsection (a) of this
27 Section. The daily list may be obtained at the Secretary's
28 office by any person, newspaper, State department or agency,
29 or local government for a reasonable charge to be determined
30 by the Secretary. Inspection of the daily list may be made
31 at the Secretary's office during normal business hours
32 without charge by any person, newspaper, State department or
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1 agency, or local government.
2 (2) The Secretary shall compile the daily list mentioned
3 in paragraph (1) of subsection (b) of this Section monthly,
4 or more often at the Secretary's discretion. The compilation
5 shall be immediately mailed free of charge to all local
6 governments requesting in writing receipt of such
7 publication, or shall be automatically mailed by the
8 Secretary without charge to local governments as determined
9 by the Secretary. The Secretary shall mail a copy of the
10 compilations free of charge to all State departments or
11 agencies making a written request. A request for a
12 compilation of the daily list once made by a local government
13 or State department or agency need not be renewed. However,
14 the Secretary may request from time to time whether the local
15 governments or State departments or agencies desire to
16 continue receiving the compilation.
17 (3) The compilations of the daily list mentioned in
18 paragraph (2) of subsection (b) of this Section shall be
19 mailed to newspapers, or any other person not included as a
20 recipient in paragraph (2) of subsection (b) of this Section,
21 upon receipt of a written application signed by the applicant
22 and accompanied by the payment of a fee as determined by the
23 Secretary.
24 (c) If a domestic or foreign corporation has filed with
25 the Secretary of State an annual report for the preceding
26 year or has been newly formed or is otherwise and in any
27 manner registered with the Secretary of State, the Secretary
28 of State shall exchange with the Illinois Department of
29 Public Aid any information concerning that corporation that
30 may be necessary for the enforcement of child support orders
31 entered pursuant to the Illinois Public Aid Code, the
32 Illinois Marriage and Dissolution of Marriage Act, the
33 Non-Support of Spouse and Children Act, the Revised Uniform
34 Reciprocal Enforcement of Support Act, the Uniform Interstate
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1 Family Support Act, or the Illinois Parentage Act of 1984.
2 Notwithstanding any provisions in this Act to the
3 contrary, the Secretary of State shall not be liable to any
4 person for any disclosure of information to the Illinois
5 Department of Public Aid under this subsection or for any
6 other action taken in good faith to comply with the
7 requirements of this subsection.
8 (Source: P.A. 83-1362.)
9 Section 135. The General Not For Profit Corporation Act
10 of 1986 is amended by changing Section 101.25 as follows:
11 (805 ILCS 105/101.25) (from Ch. 32, par. 101.25)
12 Sec. 101.25. Lists of corporations; exchange of
13 information.
14 (a) The Secretary of State shall include in his or her
15 daily publication lists of business corporations formed on
16 that day as provided in paragraph (1) of subsection (b) of
17 Section 1.25 of the Business Corporation Act of 1983 all
18 not-for-profit corporations formed on the day of publication
19 of such lists.
20 (b) The Secretary of State shall include among
21 information to be exchanged with the Illinois Department of
22 Public Aid, as provided in subsection (c) of Section 1.25 of
23 the Business Corporation Act of 1983, information regarding
24 all not-for-profit corporations formed pursuant to this Act.
25 (Source: P.A. 84-1423.)
26 Section 140. The Limited Liability Company Act is
27 amended by changing Section 50-5 as follows:
28 (805 ILCS 180/50-5)
29 Sec. 50-5. List of limited liability companies; exchange
30 of information.
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1 (a) The Secretary of State may publish a list or lists
2 of limited liability companies and foreign limited liability
3 companies, as often, in the format, and for the fees as the
4 Secretary of State may in his or her discretion provide by
5 rule. The Secretary of State may disseminate information
6 concerning limited liability companies and foreign limited
7 liability companies by computer network in the format and for
8 the fees as may be determined by rule.
9 (b) Upon written request, any list published under
10 subsection (a) shall be free to each member of the General
11 Assembly, to each State agency or department, and to each
12 recorder in this State. An appropriate fee established by
13 rule to cover the cost of producing the list shall be charged
14 to all others.
15 (c) If a domestic or foreign limited liability company
16 has filed with the Secretary of State an annual report for
17 the preceding year or has been newly formed or is otherwise
18 and in any manner registered with the Secretary of State, the
19 Secretary of State shall exchange with the Illinois
20 Department of Public Aid any information concerning that
21 limited liability company that may be necessary for the
22 enforcement of child support orders entered pursuant to the
23 Illinois Public Aid Code, the Illinois Marriage and
24 Dissolution of Marriage Act, the Non-Support of Spouse and
25 Children Act, the Revised Uniform Reciprocal Enforcement of
26 Support Act, the Uniform Interstate Family Support Act, or
27 the Illinois Parentage Act of 1984.
28 Notwithstanding any provisions in this Act to the
29 contrary, the Secretary of State shall not be liable to any
30 person for any disclosure of information to the Illinois
31 Department of Public Aid under this subsection or for any
32 other action taken in good faith to comply with the
33 requirements of this subsection.
34 (Source: P.A. 87-1062.)
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1 Section 990. Emergency rules to implement amendatory
2 changes. This Section applies only to rules taking effect
3 July 1, 1997, filed to implement changes to the child support
4 enforcement program under Title III of the Personal
5 Responsibility and Work Opportunity Reconciliation Act of
6 1996. The Illinois Department of Public Aid may implement the
7 amendatory changes made by this Act and any other changes
8 made as the result of implementing the changes to the child
9 support enforcement program under Titles I and III of the
10 Personal Responsibility and Work Opportunity Reconciliation
11 Act of 1996 (P.L. 104-193) through the use of emergency rules
12 in accordance with the provisions of Section 5-45 of the
13 Illinois Administrative Procedure Act. For purposes of the
14 Illinois Administrative Procedure Act, the adoption of rules
15 to implement these changes shall be deemed an emergency and
16 necessary for the public interest, safety, and welfare.
17 Section 995. No acceleration or delay. Where this Act
18 makes changes in a statute that is represented in this Act by
19 text that is not yet or no longer in effect (for example, a
20 Section represented by multiple versions), the use of that
21 text does not accelerate or delay the taking effect of (i)
22 the changes made by this Act or (ii) provisions derived from
23 any other Public Act.
24 Section 999. Effective date. This Act takes effect on
25 July 1, 1997.