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90_HB1707sam001
LRB9002989SMdvam04
1 AMENDMENT TO HOUSE BILL 1707
2 AMENDMENT NO. . Amend House Bill 1707 by replacing
3 the title with the following:
4 "AN ACT regarding public welfare."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Administrative Procedure Act is
8 amended by changing Section 10-65 as follows:
9 (5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
10 Sec. 10-65. Licenses.
11 (a) When any licensing is required by law to be preceded
12 by notice and an opportunity for a hearing, the provisions of
13 this Act concerning contested cases shall apply.
14 (b) When a licensee has made timely and sufficient
15 application for the renewal of a license or a new license
16 with reference to any activity of a continuing nature, the
17 existing license shall continue in full force and effect
18 until the final agency decision on the application has been
19 made unless a later date is fixed by order of a reviewing
20 court.
21 (c) An application for the renewal of a license or a new
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1 license shall include the applicant's social security number.
2 Each agency shall require the licensee to certify on the
3 renewal application form, under penalty of perjury, that he
4 or she is not more than 30 days delinquent in complying with
5 a child support order. Every renewal application shall state
6 that failure to so certify shall may result in disciplinary
7 action a denial of the renewal, and that making a false
8 statement may subject the licensee to contempt of court. The
9 agency shall notify each applicant or licensee who
10 acknowledges a delinquency or who, contrary to his or her
11 certification, is found to be delinquent or who after
12 receiving notice, fails to comply with a subpoena or warrant
13 relating to a paternity or a child support proceeding, that
14 the agency intends to take disciplinary action. Accordingly,
15 the agency shall provide written notice of the facts or
16 conduct upon which the agency will rely to support its
17 proposed action and the applicant or licensee shall be given
18 an opportunity for a hearing in accordance with the
19 provisions of the Act concerning contested cases. Any
20 delinquency in complying with a child support order can be
21 remedied by arranging for payment of past due and current
22 support. Any failure to comply with a subpoena or warrant
23 relating to a paternity or child support proceeding can be
24 remedied by complying with the subpoena or warrant. Upon a
25 final finding of delinquency or failure to comply with a
26 subpoena or warrant, the agency shall suspend, revoke, or
27 refuse to issue or renew the license. In cases in which the
28 Department of Public Aid has previously determined that an
29 applicant or a licensee or a potential licensee is more than
30 30 days delinquent in the payment of child support and has
31 subsequently certified the delinquency to the licensing
32 agency, the licensing agency shall may refuse to issue or
33 renew or shall may revoke or suspend that person's license or
34 may take other disciplinary action against that person based
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1 solely upon the certification of delinquency made by the
2 Department of Public Aid. Further process, hearings, or
3 redetermination of the delinquency by the licensing agency
4 shall not be required. In cases regarding the renewal of a
5 license, The licensing agency may issue or shall not renew a
6 any license if the Department of Public Aid has certified the
7 licensee to be more than 30 days delinquent in the payment of
8 child support unless the licensee has arranged for payment of
9 past and current child support obligations in a manner
10 satisfactory to the Department of Public Aid. The licensing
11 agency may impose conditions, restrictions, or disciplinary
12 action upon that license renewal.
13 (d) Except as provided in subsection (c), no agency
14 shall revoke, suspend, annul, withdraw, amend materially, or
15 refuse to renew any valid license without first giving
16 written notice to the licensee of the facts or conduct upon
17 which the agency will rely to support its proposed action and
18 an opportunity for a hearing in accordance with the
19 provisions of this Act concerning contested cases. At the
20 hearing, the licensee shall have the right to show compliance
21 with all lawful requirements for the retention, continuation,
22 or renewal of the license. If, however, the agency finds
23 that the public interest, safety, or welfare imperatively
24 requires emergency action, and if the agency incorporates a
25 finding to that effect in its order, summary suspension of a
26 license may be ordered pending proceedings for revocation or
27 other action. Those proceedings shall be promptly instituted
28 and determined.
29 (e) Any application for renewal of a license that
30 contains required and relevant information, data, material,
31 or circumstances that were not contained in an application
32 for the existing license shall be subject to the provisions
33 of subsection (a).
34 (Source: P.A. 89-6, eff. 3-6-95.)
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1 Section 10. The Intergovernmental Cooperation Act is
2 amended by changing Section 3 as follows:
3 (5 ILCS 220/3) (from Ch. 127, par. 743)
4 Sec. 3. Intergovernmental agreements. Any power or
5 powers, privileges or authority exercised or which may be
6 exercised by a public agency of this State may be exercised
7 and enjoyed jointly with any other public agency of this
8 State and jointly with any public agency of any other state
9 or of the United States to the extent that laws of such other
10 state or of the United States do not prohibit joint exercise
11 or enjoyment. This includes, but is not limited to, (i)
12 arrangements between the Illinois Student Assistance
13 Commission and agencies in other states which issue
14 professional licenses and (ii) agreements between the
15 Illinois Department of Public Aid and public agencies for the
16 establishment and enforcement of child support orders and for
17 the exchange of information that may be necessary for the
18 enforcement of those child support orders.
19 (Source: P.A. 89-6, eff. 3-6-95.)
20 Section 15. The Civil Administrative Code of Illinois is
21 amended by adding Section 43a.14 as follows:
22 (20 ILCS 1005/43a.14 new)
23 Sec. 43a.14. Exchange of information for child support
24 enforcement.
25 (a) To exchange with the Illinois Department of Public
26 Aid information that may be necessary for the enforcement of
27 child support orders entered pursuant to the Illinois Public
28 Aid Code, the Illinois Marriage and Dissolution of Marriage
29 Act, the Non-Support of Spouse and Children Act, the Revised
30 Uniform Reciprocal Enforcement of Support Act, the Uniform
31 Interstate Family Support Act, or the Illinois Parentage Act
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1 of 1984.
2 (b) Notwithstanding any provisions in this Code to the
3 contrary, the Department of Employment Security shall not be
4 liable to any person for any disclosure of information to the
5 Illinois Department of Public Aid under subsection (a) or for
6 any other action taken in good faith to comply with the
7 requirements of subsection (a).
8 Section 20. The Civil Administrative Code of Illinois is
9 amended by changing Section 60 as follows:
10 (20 ILCS 2105/60) (from Ch. 127, par. 60)
11 Sec. 60. Powers and duties. The Department of
12 Professional Regulation shall have, subject to the provisions
13 of this Act, the following powers and duties:
14 1. To authorize examinations in English to ascertain the
15 qualifications and fitness of applicants to exercise the
16 profession, trade, or occupation for which the examination is
17 held.
18 2. To prescribe rules and regulations for a fair and
19 wholly impartial method of examination of candidates to
20 exercise the respective professions, trades, or occupations.
21 3. To pass upon the qualifications of applicants for
22 licenses, certificates, and authorities, whether by
23 examination, by reciprocity, or by endorsement.
24 4. To prescribe rules and regulations defining, for the
25 respective professions, trades, and occupations, what shall
26 constitute a school, college, or university, or department of
27 a university, or other institutions, reputable and in good
28 standing and to determine the reputability and good standing
29 of a school, college, or university, or department of a
30 university, or other institution, reputable and in good
31 standing by reference to a compliance with such rules and
32 regulations: provided, that no school, college, or
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1 university, or department of a university or other
2 institution that refuses admittance to applicants solely on
3 account of race, color, creed, sex, or national origin shall
4 be considered reputable and in good standing.
5 5. To conduct hearings on proceedings to revoke,
6 suspend, refuse to renew, place on probationary status, or
7 take other disciplinary action as may be authorized in any
8 licensing Act administered by the Department with regard to
9 licenses, certificates, or authorities of persons exercising
10 the respective professions, trades, or occupations, and to
11 revoke, suspend, refuse to renew, place on probationary
12 status, or take other disciplinary action as may be
13 authorized in any licensing Act administered by the
14 Department with regard to such licenses, certificates, or
15 authorities. The Department shall issue a monthly
16 disciplinary report. The Department shall deny any license
17 or renewal authorized by this Act to any person who has
18 defaulted on an educational loan or scholarship provided by
19 or guaranteed by the Illinois Student Assistance Commission
20 or any governmental agency of this State; however, the
21 Department may issue a license or renewal if the
22 aforementioned persons have established a satisfactory
23 repayment record as determined by the Illinois Student
24 Assistance Commission or other appropriate governmental
25 agency of this State. Additionally, beginning June 1, 1996,
26 any license issued by the Department may be suspended or
27 revoked if the Department, after the opportunity for a
28 hearing under the appropriate licensing Act, finds that the
29 licensee has failed to make satisfactory repayment to the
30 Illinois Student Assistance Commission for a delinquent or
31 defaulted loan. For the purposes of this Section,
32 "satisfactory repayment record" shall be defined by rule. The
33 Department shall refuse to issue or renew a license to, or
34 shall suspend or revoke a license of, any person who, after
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1 receiving notice, fails to comply with a subpoena or warrant
2 relating to a paternity or child support proceeding.
3 However, the Department may issue a license or renewal upon
4 compliance with the subpoena or warrant.
5 The Department, without further process or hearings,
6 shall revoke, suspend, or deny any license or renewal
7 authorized by this Act to a person who is certified by the
8 Illinois Department of Public Aid as being more than 30 days
9 delinquent in complying with a child support order; the
10 Department may, however, issue a license or renewal if the
11 person has established a satisfactory repayment record as
12 determined by the Illinois Department of Public Aid. The
13 Department may implement this paragraph as added by Public
14 Act 89-6 through the use of emergency rules in accordance
15 with Section 5-45 of the Illinois Administrative Procedure
16 Act. For purposes of the Illinois Administrative Procedure
17 Act, the adoption of rules to implement this paragraph shall
18 be considered an emergency and necessary for the public
19 interest, safety, and welfare.
20 6. To transfer jurisdiction of any realty under the
21 control of the Department to any other Department of the
22 State Government, or to acquire or accept Federal lands, when
23 such transfer, acquisition or acceptance is advantageous to
24 the State and is approved in writing by the Governor.
25 7. To formulate rules and regulations as may be
26 necessary for the enforcement of any act administered by the
27 Department.
28 8. To exchange with the Illinois Department of Public
29 Aid information that may be necessary for the enforcement of
30 child support orders entered pursuant to the Illinois Public
31 Aid Code, the Illinois Marriage and Dissolution of Marriage
32 Act, the Non-Support of Spouse and Children Act, the Revised
33 Uniform Reciprocal Enforcement of Support Act, the Uniform
34 Interstate Family Support Act, or the Illinois Parentage Act
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1 of 1984. Notwithstanding any provisions in this Code to the
2 contrary, the Department of Professional Regulation shall not
3 be liable under any federal or State law to any person for
4 any disclosure of information to the Illinois Department of
5 Public Aid under this paragraph 8 or for any other action
6 taken in good faith to comply with the requirements of this
7 paragraph 8.
8 9. 8. To perform such other duties as may be prescribed
9 by law.
10 The Department may, when a fee is payable to the
11 Department for a wall certificate of registration provided by
12 the Department of Central Management Services, require that
13 portion of the payment for printing and distribution costs be
14 made directly or through the Department, to the Department of
15 Central Management Services for deposit in the Paper and
16 Printing Revolving Fund, the remainder shall be deposited in
17 the General Revenue Fund.
18 For the purpose of securing and preparing evidence, and
19 for the purchase of controlled substances, professional
20 services, and equipment necessary for enforcement activities,
21 recoupment of investigative costs and other activities
22 directed at suppressing the misuse and abuse of controlled
23 substances, including those activities set forth in Sections
24 504 and 508 of the Illinois Controlled Substances Act, the
25 Director and agents appointed and authorized by the Director
26 may expend such sums from the Professional Regulation
27 Evidence Fund as the Director deems necessary from the
28 amounts appropriated for that purpose and such sums may be
29 advanced to the agent when the Director deems such procedure
30 to be in the public interest. Sums for the purchase of
31 controlled substances, professional services, and equipment
32 necessary for enforcement activities and other activities as
33 set forth in this Section shall be advanced to the agent who
34 is to make such purchase from the Professional Regulation
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1 Evidence Fund on vouchers signed by the Director. The
2 Director and such agents are authorized to maintain one or
3 more commercial checking accounts with any State banking
4 corporation or corporations organized under or subject to the
5 Illinois Banking Act for the deposit and withdrawal of moneys
6 to be used for the purposes set forth in this Section;
7 provided, that no check may be written nor any withdrawal
8 made from any such account except upon the written signatures
9 of 2 persons designated by the Director to write such checks
10 and make such withdrawals. Vouchers for such expenditures
11 must be signed by the Director and all such expenditures
12 shall be audited by the Director and the audit shall be
13 submitted to the Department of Central Management Services
14 for approval.
15 Whenever the Department is authorized or required by law
16 to consider some aspect of criminal history record
17 information for the purpose of carrying out its statutory
18 powers and responsibilities, then, upon request and payment
19 of fees in conformance with the requirements of subsection 22
20 of Section 55a of the Civil Administrative Code of Illinois,
21 the Department of State Police is authorized to furnish,
22 pursuant to positive identification, such information
23 contained in State files as is necessary to fulfill the
24 request.
25 The provisions of this Section do not apply to private
26 business and vocational schools as defined by Section 1 of
27 the Private Business and Vocational Schools Act.
28 Beginning July 1, 1995, this Section does not apply to
29 those professions, trades, and occupations licensed under the
30 Real Estate License Act of 1983 nor does it apply to any
31 permits, certificates, or other authorizations to do business
32 provided for in the Land Sales Registration Act of 1989 or
33 the Illinois Real Estate Time-Share Act.
34 (Source: P.A. 89-6, eff. 3-6-95; 89-23, eff. 7-1-95; 89-237,
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1 eff. 8-4-95; 89-411, eff. 6-1-96; 89-626, eff. 8-9-96.)
2 Section 25. The Civil Administrative Code of Illinois is
3 amended by changing Section 39b12 as follows:
4 (20 ILCS 2505/39b12) (from Ch. 127, par. 39b12)
5 Sec. 39b12. Exchange of information.
6 (a) To exchange with any State, or local subdivisions
7 thereof, or with the federal government, except when
8 specifically prohibited by law, any information which may be
9 necessary to efficient tax administration and which may be
10 acquired as a result of the administration of the above laws.
11 (b) To exchange with the Illinois Department of Public
12 Aid information that may be necessary for the enforcement of
13 child support orders entered pursuant to the Illinois Public
14 Aid Code, the Illinois Marriage and Dissolution of Marriage
15 Act, the Non-Support of Spouse and Children Act, the Revised
16 Uniform Reciprocal Enforcement of Support Act, the Uniform
17 Interstate Family Support Act, or the Illinois Parentage Act
18 of 1984. Notwithstanding any provisions in this Code to the
19 contrary, the Department of Revenue shall not be liable to
20 any person for any disclosure of information to the Illinois
21 Department of Public Aid under this subsection (b) or for any
22 other action taken in good faith to comply with the
23 requirements of this subsection (b).
24 (Source: Laws 1953, p. 1439.)
25 Section 30. The Civil Administrative Code of Illinois is
26 amended by changing Section 55a as follows:
27 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
28 Sec. 55a. (A) The Department of State Police shall have
29 the following powers and duties, and those set forth in
30 Sections 55a-1 through 55c:
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1 1. To exercise the rights, powers and duties which have
2 been vested in the Department of Public Safety by the State
3 Police Act.
4 2. To exercise the rights, powers and duties which have
5 been vested in the Department of Public Safety by the State
6 Police Radio Act.
7 3. To exercise the rights, powers and duties which have
8 been vested in the Department of Public Safety by the
9 Criminal Identification Act.
10 4. To (a) investigate the origins, activities, personnel
11 and incidents of crime and the ways and means to redress the
12 victims of crimes, and study the impact, if any, of
13 legislation relative to the effusion of crime and growing
14 crime rates, and enforce the criminal laws of this State
15 related thereto, (b) enforce all laws regulating the
16 production, sale, prescribing, manufacturing, administering,
17 transporting, having in possession, dispensing, delivering,
18 distributing, or use of controlled substances and cannabis,
19 (c) employ skilled experts, scientists, technicians,
20 investigators or otherwise specially qualified persons to aid
21 in preventing or detecting crime, apprehending criminals, or
22 preparing and presenting evidence of violations of the
23 criminal laws of the State, (d) cooperate with the police of
24 cities, villages and incorporated towns, and with the police
25 officers of any county, in enforcing the laws of the State
26 and in making arrests and recovering property, (e) apprehend
27 and deliver up any person charged in this State or any other
28 State of the United States with treason, felony, or other
29 crime, who has fled from justice and is found in this State,
30 and (f) conduct such other investigations as may be provided
31 by law. Persons exercising these powers within the Department
32 are conservators of the peace and as such have all the powers
33 possessed by policemen in cities and sheriffs, except that
34 they may exercise such powers anywhere in the State in
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1 cooperation with and after contact with the local law
2 enforcement officials. Such persons may use false or
3 fictitious names in the performance of their duties under
4 this paragraph, upon approval of the Director, and shall not
5 be subject to prosecution under the criminal laws for such
6 use.
7 5. To: (a) be a central repository and custodian of
8 criminal statistics for the State, (b) be a central
9 repository for criminal history record information, (c)
10 procure and file for record such information as is necessary
11 and helpful to plan programs of crime prevention, law
12 enforcement and criminal justice, (d) procure and file for
13 record such copies of fingerprints, as may be required by
14 law, (e) establish general and field crime laboratories, (f)
15 register and file for record such information as may be
16 required by law for the issuance of firearm owner's
17 identification cards, (g) employ polygraph operators,
18 laboratory technicians and other specially qualified persons
19 to aid in the identification of criminal activity, and (h)
20 undertake such other identification, information, laboratory,
21 statistical or registration activities as may be required by
22 law.
23 6. To (a) acquire and operate one or more radio
24 broadcasting stations in the State to be used for police
25 purposes, (b) operate a statewide communications network to
26 gather and disseminate information for law enforcement
27 agencies, (c) operate an electronic data processing and
28 computer center for the storage and retrieval of data
29 pertaining to criminal activity, and (d) undertake such other
30 communication activities as may be required by law.
31 7. To provide, as may be required by law, assistance to
32 local law enforcement agencies through (a) training,
33 management and consultant services for local law enforcement
34 agencies, and (b) the pursuit of research and the publication
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1 of studies pertaining to local law enforcement activities.
2 8. To exercise the rights, powers and duties which have
3 been vested in the Department of State Police and the
4 Director of the Department of State Police by the Narcotic
5 Control Division Abolition Act.
6 9. To exercise the rights, powers and duties which have
7 been vested in the Department of Public Safety by the
8 Illinois Vehicle Code.
9 10. To exercise the rights, powers and duties which have
10 been vested in the Department of Public Safety by the Firearm
11 Owners Identification Card Act.
12 11. To enforce and administer such other laws in
13 relation to law enforcement as may be vested in the
14 Department.
15 12. To transfer jurisdiction of any realty title to
16 which is held by the State of Illinois under the control of
17 the Department to any other department of the State
18 government or to the State Employees Housing Commission, or
19 to acquire or accept Federal land, when such transfer,
20 acquisition or acceptance is advantageous to the State and is
21 approved in writing by the Governor.
22 13. With the written approval of the Governor, to enter
23 into agreements with other departments created by this Act,
24 for the furlough of inmates of the penitentiary to such other
25 departments for their use in research programs being
26 conducted by them.
27 For the purpose of participating in such research
28 projects, the Department may extend the limits of any
29 inmate's place of confinement, when there is reasonable cause
30 to believe that the inmate will honor his or her trust by
31 authorizing the inmate, under prescribed conditions, to leave
32 the confines of the place unaccompanied by a custodial agent
33 of the Department. The Department shall make rules governing
34 the transfer of the inmate to the requesting other department
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1 having the approved research project, and the return of such
2 inmate to the unextended confines of the penitentiary. Such
3 transfer shall be made only with the consent of the inmate.
4 The willful failure of a prisoner to remain within the
5 extended limits of his or her confinement or to return within
6 the time or manner prescribed to the place of confinement
7 designated by the Department in granting such extension shall
8 be deemed an escape from custody of the Department and
9 punishable as provided in Section 3-6-4 of the Unified Code
10 of Corrections.
11 14. To provide investigative services, with all of the
12 powers possessed by policemen in cities and sheriffs, in and
13 around all race tracks subject to the Horse Racing Act of
14 1975.
15 15. To expend such sums as the Director deems necessary
16 from Contractual Services appropriations for the Division of
17 Criminal Investigation for the purchase of evidence and for
18 the employment of persons to obtain evidence. Such sums shall
19 be advanced to agents authorized by the Director to expend
20 funds, on vouchers signed by the Director.
21 16. To assist victims and witnesses in gang crime
22 prosecutions through the administration of funds appropriated
23 from the Gang Violence Victims and Witnesses Fund to the
24 Department. Such funds shall be appropriated to the
25 Department and shall only be used to assist victims and
26 witnesses in gang crime prosecutions and such assistance may
27 include any of the following:
28 (a) temporary living costs;
29 (b) moving expenses;
30 (c) closing costs on the sale of private residence;
31 (d) first month's rent;
32 (e) security deposits;
33 (f) apartment location assistance;
34 (g) other expenses which the Department considers
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1 appropriate; and
2 (h) compensation for any loss of or injury to real
3 or personal property resulting from a gang crime to a
4 maximum of $5,000, subject to the following provisions:
5 (1) in the case of loss of property, the
6 amount of compensation shall be measured by the
7 replacement cost of similar or like property which
8 has been incurred by and which is substantiated by
9 the property owner,
10 (2) in the case of injury to property, the
11 amount of compensation shall be measured by the cost
12 of repair incurred and which can be substantiated by
13 the property owner,
14 (3) compensation under this provision is a
15 secondary source of compensation and shall be
16 reduced by any amount the property owner receives
17 from any other source as compensation for the loss
18 or injury, including, but not limited to, personal
19 insurance coverage,
20 (4) no compensation may be awarded if the
21 property owner was an offender or an accomplice of
22 the offender, or if the award would unjustly benefit
23 the offender or offenders, or an accomplice of the
24 offender or offenders.
25 No victim or witness may receive such assistance if he or
26 she is not a part of or fails to fully cooperate in the
27 prosecution of gang crime members by law enforcement
28 authorities.
29 The Department shall promulgate any rules necessary for
30 the implementation of this amendatory Act of 1985.
31 17. To conduct arson investigations.
32 18. To develop a separate statewide statistical police
33 contact record keeping system for the study of juvenile
34 delinquency. The records of this police contact system shall
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1 be limited to statistical information. No individually
2 identifiable information shall be maintained in the police
3 contact statistical record system.
4 19. To develop a separate statewide central adjudicatory
5 and dispositional records system for persons under 19 years
6 of age who have been adjudicated delinquent minors and to
7 make information available to local registered participating
8 police youth officers so that police youth officers will be
9 able to obtain rapid access to the juvenile's background from
10 other jurisdictions to the end that the police youth officers
11 can make appropriate dispositions which will best serve the
12 interest of the child and the community. Information
13 maintained in the adjudicatory and dispositional record
14 system shall be limited to the incidents or offenses for
15 which the minor was adjudicated delinquent by a court, and a
16 copy of the court's dispositional order. All individually
17 identifiable records in the adjudicatory and dispositional
18 records system shall be destroyed when the person reaches 19
19 years of age.
20 20. To develop rules which guarantee the confidentiality
21 of such individually identifiable adjudicatory and
22 dispositional records except when used for the following:
23 (a) by authorized juvenile court personnel or the
24 State's Attorney in connection with proceedings under the
25 Juvenile Court Act of 1987; or
26 (b) inquiries from registered police youth
27 officers.
28 For the purposes of this Act "police youth officer" means
29 a member of a duly organized State, county or municipal
30 police force who is assigned by his or her Superintendent,
31 Sheriff or chief of police, as the case may be, to specialize
32 in youth problems.
33 21. To develop administrative rules and administrative
34 hearing procedures which allow a minor, his or her attorney,
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1 and his or her parents or guardian access to individually
2 identifiable adjudicatory and dispositional records for the
3 purpose of determining or challenging the accuracy of the
4 records. Final administrative decisions shall be subject to
5 the provisions of the Administrative Review Law.
6 22. To charge, collect, and receive fees or moneys
7 equivalent to the cost of providing Department of State
8 Police personnel, equipment, and services to local
9 governmental agencies when explicitly requested by a local
10 governmental agency and pursuant to an intergovernmental
11 agreement as provided by this Section, other State agencies,
12 and federal agencies, including but not limited to fees or
13 moneys equivalent to the cost of providing dispatching
14 services, radio and radar repair, and training to local
15 governmental agencies on such terms and conditions as in the
16 judgment of the Director are in the best interest of the
17 State; and to establish, charge, collect and receive fees or
18 moneys based on the cost of providing responses to requests
19 for criminal history record information pursuant to positive
20 identification and any Illinois or federal law authorizing
21 access to some aspect of such information and to prescribe
22 the form and manner for requesting and furnishing such
23 information to the requestor on such terms and conditions as
24 in the judgment of the Director are in the best interest of
25 the State, provided fees for requesting and furnishing
26 criminal history record information may be waived for
27 requests in the due administration of the criminal laws. The
28 Department may also charge, collect and receive fees or
29 moneys equivalent to the cost of providing electronic data
30 processing lines or related telecommunication services to
31 local governments, but only when such services can be
32 provided by the Department at a cost less than that
33 experienced by said local governments through other means.
34 All services provided by the Department shall be conducted
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1 pursuant to contracts in accordance with the
2 Intergovernmental Cooperation Act, and all telecommunication
3 services shall be provided pursuant to the provisions of
4 Section 67.18 of this Code.
5 All fees received by the Department of State Police under
6 this Act or the Illinois Uniform Conviction Information Act
7 shall be deposited in a special fund in the State Treasury to
8 be known as the State Police Services Fund. The money
9 deposited in the State Police Services Fund shall be
10 appropriated to the Department of State Police for expenses
11 of the Department of State Police.
12 In addition to any other permitted use of moneys in the
13 Fund, and notwithstanding any restriction on the use of the
14 Fund, moneys in the State Police Services Fund may be
15 transferred to the General Revenue Fund as authorized by this
16 amendatory Act of 1992. The General Assembly finds that an
17 excess of moneys exists in the Fund. On February 1, 1992,
18 the Comptroller shall order transferred and the Treasurer
19 shall transfer $500,000 (or such lesser amount as may be on
20 deposit in the Fund and unexpended and unobligated on that
21 date) from the Fund to the General Revenue Fund.
22 Upon the completion of any audit of the Department of
23 State Police as prescribed by the Illinois State Auditing
24 Act, which audit includes an audit of the State Police
25 Services Fund, the Department of State Police shall make the
26 audit open to inspection by any interested person.
27 23. To exercise the powers and perform the duties which
28 have been vested in the Department of State Police by the
29 Intergovernmental Missing Child Recovery Act of 1984, and to
30 establish reasonable rules and regulations necessitated
31 thereby.
32 24. (a) To establish and maintain a statewide Law
33 Enforcement Agencies Data System (LEADS) for the purpose of
34 providing electronic access by authorized entities to
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1 criminal justice data repositories and effecting an immediate
2 law enforcement response to reports of missing persons,
3 including lost, missing or runaway minors. The Department
4 shall implement an automatic data exchange system to compile,
5 to maintain and to make available to other law enforcement
6 agencies for immediate dissemination data which can assist
7 appropriate agencies in recovering missing persons and
8 provide access by authorized entities to various data
9 repositories available through LEADS for criminal justice and
10 related purposes. To assist the Department in this effort,
11 funds may be appropriated from the LEADS Maintenance Fund.
12 (b) In exercising its duties under this subsection, the
13 Department shall:
14 (1) provide a uniform reporting format for the
15 entry of pertinent information regarding the report of a
16 missing person into LEADS;
17 (2) develop and implement a policy whereby a
18 statewide or regional alert would be used in situations
19 relating to the disappearances of individuals, based on
20 criteria and in a format established by the Department.
21 Such a format shall include, but not be limited to, the
22 age of the missing person and the suspected circumstance
23 of the disappearance;
24 (3) notify all law enforcement agencies that
25 reports of missing persons shall be entered as soon as
26 the minimum level of data specified by the Department is
27 available to the reporting agency, and that no waiting
28 period for the entry of such data exists;
29 (4) compile and retain information regarding lost,
30 abducted, missing or runaway minors in a separate data
31 file, in a manner that allows such information to be used
32 by law enforcement and other agencies deemed appropriate
33 by the Director, for investigative purposes. Such
34 information shall include the disposition of all reported
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1 lost, abducted, missing or runaway minor cases;
2 (5) compile and maintain an historic data
3 repository relating to lost, abducted, missing or runaway
4 minors and other missing persons in order to develop and
5 improve techniques utilized by law enforcement agencies
6 when responding to reports of missing persons; and
7 (6) create a quality control program regarding
8 confirmation of missing person data, timeliness of
9 entries of missing person reports into LEADS and
10 performance audits of all entering agencies.
11 25. On request of a school board or regional
12 superintendent of schools, to conduct an inquiry pursuant to
13 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
14 an applicant for employment in a school district has been
15 convicted of any criminal or drug offenses enumerated in
16 Section 10-21.9 or 34-18.5 of the School Code. The
17 Department shall furnish such conviction information to the
18 President of the school board of the school district which
19 has requested the information, or if the information was
20 requested by the regional superintendent to that regional
21 superintendent.
22 26. To promulgate rules and regulations necessary for
23 the administration and enforcement of its powers and duties,
24 wherever granted and imposed, pursuant to the Illinois
25 Administrative Procedure Act.
26 27. To (a) promulgate rules pertaining to the
27 certification, revocation of certification and training of
28 law enforcement officers as electronic criminal surveillance
29 officers, (b) provide training and technical assistance to
30 State's Attorneys and local law enforcement agencies
31 pertaining to the interception of private oral
32 communications, (c) promulgate rules necessary for the
33 administration of Article 108B of the Code of Criminal
34 Procedure of 1963, including but not limited to standards for
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1 recording and minimization of electronic criminal
2 surveillance intercepts, documentation required to be
3 maintained during an intercept, procedures in relation to
4 evidence developed by an intercept, and (d) charge a
5 reasonable fee to each law enforcement agency that sends
6 officers to receive training as electronic criminal
7 surveillance officers.
8 28. Upon the request of any private organization which
9 devotes a major portion of its time to the provision of
10 recreational, social, educational or child safety services to
11 children, to conduct, pursuant to positive identification,
12 criminal background investigations of all of that
13 organization's current employees, current volunteers,
14 prospective employees or prospective volunteers charged with
15 the care and custody of children during the provision of the
16 organization's services, and to report to the requesting
17 organization any record of convictions maintained in the
18 Department's files about such persons. The Department shall
19 charge an application fee, based on actual costs, for the
20 dissemination of conviction information pursuant to this
21 subsection. The Department is empowered to establish this
22 fee and shall prescribe the form and manner for requesting
23 and furnishing conviction information pursuant to this
24 subsection. Information received by the organization from the
25 Department concerning an individual shall be provided to such
26 individual. Any such information obtained by the
27 organization shall be confidential and may not be transmitted
28 outside the organization and may not be transmitted to anyone
29 within the organization except as needed for the purpose of
30 evaluating the individual. Only information and standards
31 which bear a reasonable and rational relation to the
32 performance of child care shall be used by the organization.
33 Any employee of the Department or any member, employee or
34 volunteer of the organization receiving confidential
-22- LRB9002989SMdvam04
1 information under this subsection who gives or causes to be
2 given any confidential information concerning any criminal
3 convictions of an individual shall be guilty of a Class A
4 misdemeanor unless release of such information is authorized
5 by this subsection.
6 29. Upon the request of the Department of Children and
7 Family Services, to investigate reports of child abuse or
8 neglect.
9 30. To obtain registration of a fictitious vital record
10 pursuant to Section 15.1 of the Vital Records Act.
11 31. To collect and disseminate information relating to
12 "hate crimes" as defined under Section 12-7.1 of the Criminal
13 Code of 1961 contingent upon the availability of State or
14 Federal funds to revise and upgrade the Illinois Uniform
15 Crime Reporting System. All law enforcement agencies shall
16 report monthly to the Department of State Police concerning
17 such offenses in such form and in such manner as may be
18 prescribed by rules and regulations adopted by the Department
19 of State Police. Such information shall be compiled by the
20 Department and be disseminated upon request to any local law
21 enforcement agency, unit of local government, or state
22 agency. Dissemination of such information shall be subject
23 to all confidentiality requirements otherwise imposed by law.
24 The Department of State Police shall provide training for
25 State Police officers in identifying, responding to, and
26 reporting all hate crimes. The Illinois Local Governmental
27 Law Enforcement Officer's Training Board shall develop and
28 certify a course of such training to be made available to
29 local law enforcement officers.
30 32. Upon the request of a private carrier company that
31 provides transportation under Section 28b of the Metropolitan
32 Transit Authority Act, to ascertain if an applicant for a
33 driver position has been convicted of any criminal or drug
34 offense enumerated in Section 28b of the Metropolitan Transit
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1 Authority Act. The Department shall furnish the conviction
2 information to the private carrier company that requested the
3 information.
4 33. To apply for grants or contracts, receive, expend,
5 allocate, or disburse funds and moneys made available by
6 public or private entities, including, but not limited to,
7 contracts, bequests, grants, or receiving equipment from
8 corporations, foundations, or public or private institutions
9 of higher learning. All funds received by the Department
10 from these sources shall be deposited into the appropriate
11 fund in the State Treasury to be appropriated to the
12 Department for purposes as indicated by the grantor or
13 contractor or, in the case of funds or moneys bequeathed or
14 granted for no specific purpose, for any purpose as deemed
15 appropriate by the Director in administering the
16 responsibilities of the Department.
17 34. Upon the request of the Department of Children and
18 Family Services, the Department of State Police shall provide
19 properly designated employees of the Department of Children
20 and Family Services with criminal history record information
21 as defined in the Illinois Uniform Conviction Information Act
22 and information maintained in the adjudicatory and
23 dispositional record system as defined in subdivision (A)19
24 of this Section if the Department of Children and Family
25 Services determines the information is necessary to perform
26 its duties under the Abused and Neglected Child Reporting
27 Act, the Child Care Act of 1969, and the Children and Family
28 Services Act. The request shall be in the form and manner
29 specified by the Department of State Police.
30 (B) The Department of State Police may establish and
31 maintain, within the Department of State Police, a Statewide
32 Organized Criminal Gang Database (SWORD) for the purpose of
33 tracking organized criminal gangs and their memberships.
34 Information in the database may include, but not be limited
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1 to, the name, last known address, birth date, physical
2 descriptions (such as scars, marks, or tattoos), officer
3 safety information, organized gang affiliation, and entering
4 agency identifier. The Department may develop, in
5 consultation with the Criminal Justice Information Authority,
6 and in a form and manner prescribed by the Department, an
7 automated data exchange system to compile, to maintain, and
8 to make this information electronically available to
9 prosecutors and to other law enforcement agencies. The
10 information may be used by authorized agencies to combat the
11 operations of organized criminal gangs statewide.
12 (C) The Department of State Police may ascertain the
13 number of bilingual police officers and other personnel
14 needed to provide services in a language other than English
15 and may establish, under applicable personnel rules and
16 Department guidelines or through a collective bargaining
17 agreement, a bilingual pay supplement program.
18 35. The Illinois Department of Public Aid is an
19 authorized entity under this Section for the purpose of
20 obtaining access to various data repositories available
21 through LEADS, to facilitate the location of individuals for
22 establishing paternity, and establishing, modifying, and
23 enforcing child support obligations, pursuant to the Public
24 Aid Code and Title IV, Section D of the Social Security Act.
25 The Department shall enter into an agreement with the
26 Illinois Department of Public Aid consistent with these
27 purposes.
28 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
29 Section 35. The Counties Code is amended by adding
30 Section 3-5036.5 as follows:
31 (55 ILCS 5/3-5036.5 new)
32 Sec. 3-5036.5. Exchange of information for child support
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1 enforcement.
2 (a) The Recorder shall exchange with the Illinois
3 Department of Public Aid information that may be necessary
4 for the enforcement of child support orders entered pursuant
5 to the Illinois Public Aid Code, the Illinois Marriage and
6 Dissolution of Marriage Act, the Non-Support of Spouse and
7 Children Act, the Revised Uniform Reciprocal Enforcement of
8 Support Act, the Uniform Interstate Family Support Act, or
9 the Illinois Parentage Act of 1984.
10 (b) Notwithstanding any provisions in this Code to the
11 contrary, the Recorder shall not be liable to any person for
12 any disclosure of information to the Illinois Department of
13 Public Aid under subsection (a) or for any other action taken
14 in good faith to comply with the requirements of subsection
15 (a).
16 Section 40. The Illinois Banking Act is amended by
17 changing Section 48.1 and adding Section 48.4 as follows:
18 (205 ILCS 5/48.1) (from Ch. 17, par. 360)
19 Sec. 48.1. Customer financial records; confidentiality.
20 (a) For the purpose of this Section, the term "financial
21 records" means any original, any copy, or any summary of (1)
22 a document granting signature authority over a deposit or
23 account, (2) a statement, ledger card or other record on any
24 deposit or account, which shows each transaction in or with
25 respect to that account, (3) a check, draft or money order
26 drawn on a bank or issued and payable by a bank, or (4) any
27 other item containing information pertaining to any
28 relationship established in the ordinary course of a bank's
29 business between a bank and its customer.
30 (b) This Section does not prohibit:
31 (1) The preparation, examination, handling or
32 maintenance of any financial records by any officer,
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1 employee or agent of a bank having custody of the
2 records, or the examination of the records by a certified
3 public accountant engaged by the bank to perform an
4 independent audit.
5 (2) The examination of any financial records by, or
6 the furnishing of financial records by a bank to, any
7 officer, employee or agent of (i) the Commissioner of
8 Banks and Real Estate, (ii) after May 31, 1997, a state
9 regulatory authority authorized to examine a branch of a
10 State bank located in another state, (iii) the
11 Comptroller of the Currency, (iv) the Federal Reserve
12 Board, or (v) the Federal Deposit Insurance Corporation
13 for use solely in the exercise of his duties as an
14 officer, employee, or agent.
15 (3) The publication of data furnished from
16 financial records relating to customers where the data
17 cannot be identified to any particular customer or
18 account.
19 (4) The making of reports or returns required under
20 Chapter 61 of the Internal Revenue Code of 1986.
21 (5) Furnishing information concerning the dishonor
22 of any negotiable instrument permitted to be disclosed
23 under the Uniform Commercial Code.
24 (6) The exchange in the regular course of business
25 of credit information between a bank and other banks or
26 financial institutions or commercial enterprises,
27 directly or through a consumer reporting agency.
28 (7) The furnishing of information to the
29 appropriate law enforcement authorities where the bank
30 reasonably believes it has been the victim of a crime.
31 (8) The furnishing of information under the Uniform
32 Disposition of Unclaimed Property Act.
33 (9) The furnishing of information under the
34 Illinois Income Tax Act and the Illinois Estate and
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1 Generation-Skipping Transfer Tax Act.
2 (10) The furnishing of information under the
3 federal Currency and Foreign Transactions Reporting Act
4 Title 31, United States Code, Section 1051 et seq.
5 (11) The furnishing of information under any other
6 statute that by its terms or by regulations promulgated
7 thereunder requires the disclosure of financial records
8 other than by subpoena, summons, warrant, or court order.
9 (12) The furnishing of information about the
10 existence of an account of a person to a judgment
11 creditor of that person who has made a written request
12 for that information.
13 (13) The exchange in the regular course of business
14 of information between commonly owned banks in connection
15 with a transaction authorized under paragraph (23) of
16 Section 5 and conducted at an affiliate facility.
17 (14) The furnishing of information in accordance
18 with the federal Personal Responsibility and Work
19 Opportunity Reconciliation Act of 1996. Any bank governed
20 by this Act shall enter into an agreement for data
21 exchanges with a State agency provided the State agency
22 pays to the bank a reasonable fee not to exceed its
23 actual cost incurred. A bank providing information in
24 accordance with this item shall not be liable to any
25 account holder or other person for any disclosure of
26 information to a State agency, for encumbering or
27 surrendering any assets held by the bank in response to a
28 lien or order to withhold and deliver issued by a State
29 agency, or for any other action taken pursuant to this
30 item, including individual or mechanical errors, provided
31 the action does not constitute gross negligence or
32 willful misconduct. A bank shall have no obligation to
33 hold, encumber, or surrender assets until it has been
34 served with a subpoena, summons, warrant, court or
-28- LRB9002989SMdvam04
1 administrative order, lien, or levy.
2 (c) A bank may not disclose to any person, except to the
3 customer or his duly authorized agent, any financial records
4 relating to that customer of that bank unless:
5 (1) the customer has authorized disclosure to the
6 person;
7 (2) the financial records are disclosed in response
8 to a lawful subpoena, summons, warrant or court order
9 which meets the requirements of subsection (d) of this
10 Section; or
11 (3) the bank is attempting to collect an obligation
12 owed to the bank and the bank complies with the
13 provisions of Section 2I of the Consumer Fraud and
14 Deceptive Business Practices Act.
15 (d) A bank shall disclose financial records under
16 paragraph (2) of subsection (c) of this Section under a
17 lawful subpoena, summons, warrant, or court order only after
18 the bank mails a copy of the subpoena, summons, warrant, or
19 court order to the person establishing the relationship with
20 the bank, if living, and, otherwise his personal
21 representative, if known, at his last known address by first
22 class mail, postage prepaid, unless the bank is specifically
23 prohibited from notifying the person by order of court or by
24 applicable State or federal law. A bank shall not mail a
25 copy of a subpoena to any person pursuant to this subsection
26 if the subpoena was issued by a grand jury under the
27 Statewide Grand Jury Act.
28 (e) Any officer or employee of a bank who knowingly and
29 willfully furnishes financial records in violation of this
30 Section is guilty of a business offense and, upon conviction,
31 shall be fined not more than $1,000.
32 (f) Any person who knowingly and willfully induces or
33 attempts to induce any officer or employee of a bank to
34 disclose financial records in violation of this Section is
-29- LRB9002989SMdvam04
1 guilty of a business offense and, upon conviction, shall be
2 fined not more than $1,000.
3 (g) A bank shall be reimbursed for costs that are
4 reasonably necessary and that have been directly incurred in
5 searching for, reproducing, or transporting books, papers,
6 records, or other data of a customer required or requested to
7 be produced pursuant to a lawful subpoena, summons, warrant,
8 or court order. The Commissioner shall determine the rates
9 and conditions under which payment may be made.
10 (Source: P.A. 88-273; 89-208, eff. 9-29-95; 89-364, eff.
11 8-18-95; 89-508, eff. 7-3-96; 89-626, eff. 8-9-96.)
12 (205 ILCS 5/48.4 new)
13 Sec. 48.4. Administrative liens for past-due child
14 support. Any bank governed by this Act shall encumber or
15 surrender accounts or assets held by the bank on behalf of
16 any responsible relative who is subject to a child support
17 lien, upon notice of the lien or levy of the Illinois
18 Department of Public Aid or its successor agency pursuant to
19 Section 10-25.5 of the Illinois Public Aid Code, or upon
20 notice of interstate lien from any other state's agency
21 responsible for implementing the child support enforcement
22 program set forth in Title IV, Part D of the Social Security
23 Act.
24 Section 43. The Illinois Savings and Loan Act of 1985 is
25 amended by changing Section 3-8 and adding Section 1-6d as
26 follows:
27 (205 ILCS 105/1-6d new)
28 Sec. 1-6d. Administrative liens for past-due child
29 support. Any association governed by this Act shall encumber
30 or surrender accounts or assets held by the association on
31 behalf of any responsible relative who is subject to a child
-30- LRB9002989SMdvam04
1 support lien, upon notice of the lien or levy of the Illinois
2 Department of Public Aid or its successor agency pursuant to
3 Section 10-25.5 of the Illinois Public Aid Code, or upon
4 notice of interstate lien from any other state's agency
5 responsible for implementing the child support enforcement
6 program set forth in Title IV, Part D of the Social Security
7 Act.
8 (205 ILCS 105/3-8) (from Ch. 17, par. 3303-8)
9 Sec. 3-8. Access to books and records; communication
10 with members.
11 (a) Every member or holder of capital shall have the
12 right to inspect the books and records of the association
13 that pertain to his account. Otherwise, the right of
14 inspection and examination of the books and records shall be
15 limited as provided in this Act, and no other person shall
16 have access to the books and records or shall be entitled to
17 a list of the members.
18 (b) For the purpose of this Section, the term "financial
19 records" means any original, any copy, or any summary of (i)
20 a document granting signature authority over a deposit or
21 account; (ii) a statement, ledger card, or other record on
22 any deposit or account that shows each transaction in or with
23 respect to that account; (iii) a check, draft, or money order
24 drawn on an association or issued and payable by an
25 association; or (iv) any other item containing information
26 pertaining to any relationship established in the ordinary
27 course of an association's business between an association
28 and its 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 an association having custody of
33 those records or the examination of those records by a
-31- LRB9002989SMdvam04
1 certified public accountant engaged by the association to
2 perform an independent audit;
3 (2) The examination of any financial records by, or
4 the furnishing of financial records by an association to,
5 any officer, employee, or agent of the Commissioner of
6 Banks and Real Estate, Federal Savings and Loan Insurance
7 Corporation and its successors, Federal Deposit Insurance
8 Corporation, Resolution Trust Corporation and its
9 successors, Federal Home Loan Bank Board and its
10 successors, Office of Thrift Supervision, Federal Housing
11 Finance Board, Board of Governors of the Federal Reserve
12 System, any Federal Reserve Bank, or the Office of the
13 Comptroller of the Currency for use solely in the
14 exercise of his duties as an officer, employee, or agent;
15 (3) The publication of data furnished from
16 financial records relating to members or holders of
17 capital where the data cannot be identified to any
18 particular member, holder of capital, or account;
19 (4) The making of reports or returns required under
20 Chapter 61 of the Internal Revenue Code of 1986;
21 (5) Furnishing information concerning the dishonor
22 of any negotiable instrument permitted to be disclosed
23 under the Uniform Commercial Code;
24 (6) The exchange in the regular course of business
25 of credit information between an association and other
26 associations or financial institutions or commercial
27 enterprises, directly or through a consumer reporting
28 agency;
29 (7) The furnishing of information to the
30 appropriate law enforcement authorities where the
31 association reasonably believes it has been the victim of
32 a crime;
33 (8) The furnishing of information pursuant to the
34 Uniform Disposition of Unclaimed Property Act;
-32- LRB9002989SMdvam04
1 (9) The furnishing of information pursuant to the
2 Illinois Income Tax Act and the Illinois Estate and
3 Generation-Skipping Transfer Tax Act;
4 (10) The furnishing of information pursuant to the
5 federal "Currency and Foreign Transactions Reporting
6 Act", (Title 31, United States Code, Section 1051 et
7 seq.);
8 (11) The furnishing of information pursuant to any
9 other statute that by its terms or by regulations
10 promulgated thereunder requires the disclosure of
11 financial records other than by subpoena, summons,
12 warrant, or court order;
13 (12) The exchange of information between an
14 association and an affiliate of the association; as used
15 in this item, "affiliate" includes any company,
16 partnership, or organization that controls, is controlled
17 by, or is under common control with an association.
18 (13) The furnishing of information in accordance
19 with the federal Personal Responsibility and Work
20 Opportunity Reconciliation Act of 1996. Any association
21 governed by this Act shall enter into an agreement for
22 data exchanges with a State agency provided the State
23 agency pays to the association a reasonable fee not to
24 exceed its actual cost incurred. An association
25 providing information in accordance with this item shall
26 not be liable to any account holder or other person for
27 any disclosure of information to a State agency, for
28 encumbering or surrendering any assets held by the
29 association in response to a lien or order to withhold
30 and deliver issued by a State agency, or for any other
31 action taken pursuant to this item, including individual
32 or mechanical errors, provided the action does not
33 constitute gross negligence or willful misconduct. An
34 association shall have no obligation to hold, encumber,
-33- LRB9002989SMdvam04
1 or surrender assets until it has been served with a
2 subpoena, summons, warrant, court or administrative
3 order, lien, or levy.
4 (d) An association may not disclose to any person,
5 except to the member or holder of capital or his duly
6 authorized agent, any financial records relating to that
7 member or holder of capital of that association unless:
8 (1) The member or holder of capital has authorized
9 disclosure to the person; or
10 (2) The financial records are disclosed in response
11 to a lawful subpoena, summons, warrant, or court order
12 that meets the requirements of subsection (e) of this
13 Section.
14 (e) An association shall disclose financial records
15 under subsection (d) of this Section pursuant to a lawful
16 subpoena, summons, warrant, or court order only after the
17 association mails a copy of the subpoena, summons, warrant,
18 or court order to the person establishing the relationship
19 with the association, if living, and, otherwise, his personal
20 representative, if known, at his last known address by first
21 class mail, postage prepaid, unless the association is
22 specifically prohibited from notifying that person by order
23 of court.
24 (f) (1) Any officer or employee of an association who
25 knowingly and willfully furnishes financial records in
26 violation of this Section is guilty of a business offense
27 and, upon conviction, shall be fined not more than $1,000.
28 (2) Any person who knowingly and willfully induces or
29 attempts to induce any officer or employee of an association
30 to disclose financial records in violation of this Section is
31 guilty of a business offense and, upon conviction, shall be
32 fined not more than $1,000.
33 (g) However, if any member desires to communicate with
34 the other members of the association with reference to any
-34- LRB9002989SMdvam04
1 question pending or to be presented at a meeting of the
2 members, the association shall give him upon request a
3 statement of the approximate number of members entitled to
4 vote at the meeting and an estimate of the cost of preparing
5 and mailing the communication. The requesting member then
6 shall submit the communication to the Commissioner who, if he
7 finds it to be appropriate and truthful, shall direct that it
8 be prepared and mailed to the members upon the requesting
9 member's payment or adequate provision for payment of the
10 expenses of preparation and mailing.
11 (h) An Association shall be reimbursed for costs that
12 are necessary and that have been directly incurred in
13 searching for, reproducing, or transporting books, papers,
14 records, or other data of a customer required to be
15 reproduced pursuant to a lawful subpoena, warrant, or court
16 order.
17 (Source: P.A. 88-222; 89-508, eff. 7-3-96.)
18 Section 45. The Savings Bank Act is amended by changing
19 Section 4013 and adding Section 7007 as follows:
20 (205 ILCS 205/4013) (from Ch. 17, par. 7304-13)
21 Sec. 4013. Access to books and records; communication
22 with members and shareholders.
23 (a) Every member or shareholder shall have the right to
24 inspect books and records of the savings bank that pertain to
25 his accounts. Otherwise, the right of inspection and
26 examination of the books and records shall be limited as
27 provided in this Act, and no other person shall have access
28 to the books and records nor shall be entitled to a list of
29 the members or shareholders.
30 (b) For the purpose of this Section, the term "financial
31 records" means any original, any copy, or any summary of (1)
32 a document granting signature authority over a deposit or
-35- LRB9002989SMdvam04
1 account; (2) a statement, ledger card, or other record on any
2 deposit or account that shows each transaction in or with
3 respect to that account; (3) a check, draft, or money order
4 drawn on a savings bank or issued and payable by a savings
5 bank; or (4) any other item containing information pertaining
6 to any relationship established in the ordinary course of a
7 savings bank's business between a savings bank and its
8 customer.
9 (c) This Section does not prohibit:
10 (1) The preparation examination, handling, or
11 maintenance of any financial records by any officer,
12 employee, or agent of a savings bank having custody of
13 records or examination of records by a certified public
14 accountant engaged by the savings bank to perform an
15 independent audit.
16 (2) The examination of any financial records by, or
17 the furnishing of financial records by a savings bank to,
18 any officer, employee, or agent of the Commissioner of
19 Banks and Real Estate or the Federal Deposit Insurance
20 Corporation for use solely in the exercise of his duties
21 as an officer, employee, or agent.
22 (3) The publication of data furnished from
23 financial records relating to members or holders of
24 capital where the data cannot be identified to any
25 particular member, shareholder, or account.
26 (4) The making of reports or returns required under
27 Chapter 61 of the Internal Revenue Code of 1986.
28 (5) Furnishing information concerning the dishonor
29 of any negotiable instrument permitted to be disclosed
30 under the Uniform Commercial Code.
31 (6) The exchange in the regular course of business
32 of credit information between a savings bank and other
33 savings banks or financial institutions or commercial
34 enterprises, directly or through a consumer reporting
-36- LRB9002989SMdvam04
1 agency.
2 (7) The furnishing of information to the
3 appropriate law enforcement authorities where the savings
4 bank reasonably believes it has been the victim of a
5 crime.
6 (8) The furnishing of information pursuant to the
7 Uniform Disposition of Unclaimed Property Act.
8 (9) The furnishing of information pursuant to the
9 Illinois Income Tax Act and the Illinois Estate and
10 Generation-Skipping Transfer Tax Act.
11 (10) The furnishing of information pursuant to the
12 federal "Currency and Foreign Transactions Reporting
13 Act", (Title 31, United States Code, Section 1051 et
14 seq.).
15 (11) The furnishing of information pursuant to any
16 other statute which by its terms or by regulations
17 promulgated thereunder requires the disclosure of
18 financial records other than by subpoena, summons,
19 warrant, or court order.
20 (12) The furnishing of information in accordance
21 with the federal Personal Responsibility and Work
22 Opportunity Reconciliation Act of 1996. Any savings bank
23 governed by this Act shall enter into an agreement for
24 data exchanges with a State agency provided the State
25 agency pays to the savings bank a reasonable fee not to
26 exceed its actual cost incurred. A savings bank
27 providing information in accordance with this item shall
28 not be liable to any account holder or other person for
29 any disclosure of information to a State agency, for
30 encumbering or surrendering any assets held by the
31 savings bank in response to a lien or order to withhold
32 and deliver issued by a State agency, or for any other
33 action taken pursuant to this item, including individual
34 or mechanical errors, provided the action does not
-37- LRB9002989SMdvam04
1 constitute gross negligence or willful misconduct. A
2 savings bank shall have no obligation to hold, encumber,
3 or surrender assets until it has been served with a
4 subpoena, summons, warrant, court or administrative
5 order, lien, or levy.
6 (d) A savings bank may not disclose to any person,
7 except to the member or holder of capital or his duly
8 authorized agent, any financial records relating to that
9 member or shareholder of the savings bank unless:
10 (1) the member or shareholder has authorized
11 disclosure to the person; or
12 (2) the financial records are disclosed in response
13 to a lawful subpoena, summons, warrant, or court order
14 that meets the requirements of subsection (e) of this
15 Section.
16 (e) A savings bank shall disclose financial records
17 under subsection (d) of this Section pursuant to a lawful
18 subpoena, summons, warrant, or court order only after the
19 savings bank mails a copy of the subpoena, summons, warrant,
20 or court order to the person establishing the relationship
21 with the savings bank, if living, and otherwise, his personal
22 representative, if known, at his last known address by first
23 class mail, postage prepaid, unless the savings bank is
24 specifically prohibited from notifying the person by order of
25 court.
26 (f) Any officer or employee of a savings bank who
27 knowingly and willfully furnishes financial records in
28 violation of this Section is guilty of a business offense
29 and, upon conviction, shall be fined not more than $1,000.
30 (g) Any person who knowingly and willfully induces or
31 attempts to induce any officer or employee of a savings bank
32 to disclose financial records in violation of this Section is
33 guilty of a business offense and, upon conviction, shall be
34 fined not more than $1,000.
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1 (h) If any member or shareholder desires to communicate
2 with the other members or shareholders of the savings bank
3 with reference to any question pending or to be presented at
4 an annual or special meeting, the savings bank shall give
5 that person, upon request, a statement of the approximate
6 number of members or shareholders entitled to vote at the
7 meeting and an estimate of the cost of preparing and mailing
8 the communication. The requesting member shall submit the
9 communication to the Commissioner who, upon finding it to be
10 appropriate and truthful, shall direct that it be prepared
11 and mailed to the members upon the requesting member's or
12 shareholder's payment or adequate provision for payment of
13 the expenses of preparation and mailing.
14 (i) A savings bank shall be reimbursed for costs that
15 are necessary and that have been directly incurred in
16 searching for, reproducing, or transporting books, papers,
17 records, or other data of a customer required to be
18 reproduced pursuant to a lawful subpoena, warrant, or court
19 order.
20 (j) Notwithstanding the provisions of this Section, a
21 savings bank may sell or otherwise make use of lists of
22 customers' names and addresses. All other information
23 regarding a customer's account are subject to the disclosure
24 provisions of this Section. At the request of any customer,
25 that customer's name and address shall be deleted from any
26 list that is to be sold or used in any other manner beyond
27 identification of the customer's accounts.
28 (Source: P.A. 89-508, eff. 7-3-96.)
29 (205 ILCS 205/7007 new)
30 Sec. 7007. Administrative liens for past-due child
31 support. Any savings bank governed by this Act shall
32 encumber or surrender accounts or assets held by the savings
33 bank on behalf of any responsible relative who is subject to
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1 a child support lien, upon notice of the lien or levy of the
2 Illinois Department of Public Aid or its successor agency
3 pursuant to Section 10-25.5 of the Illinois Public Aid Code,
4 or upon notice of interstate lien from any other state's
5 agency responsible for implementing the child support
6 enforcement program set forth in Title IV, Part D of the
7 Social Security Act.
8 Section 50. The Illinois Credit Union Act is amended by
9 changing Section 10 and adding Section 43.1 as follows:
10 (205 ILCS 305/10) (from Ch. 17, par. 4411)
11 Sec. 10. Credit union records; member financial records.
12 (1) A credit union shall establish and maintain books,
13 records, accounting systems and procedures which accurately
14 reflect its operations and which enable the Department to
15 readily ascertain the true financial condition of the credit
16 union and whether it is complying with this Act.
17 (2) A photostatic or photographic reproduction of any
18 credit union records shall be admissible as evidence of
19 transactions with the credit union.
20 (3) (a) For the purpose of this Section, the term
21 "financial records" means any original, any copy, or any
22 summary of (1) a document granting signature authority
23 over an account, (2) a statement, ledger card or other
24 record on any account which shows each transaction in or
25 with respect to that account, (3) a check, draft or money
26 order drawn on a financial institution or other entity or
27 issued and payable by or through a financial institution
28 or other entity, or (4) any other item containing
29 information pertaining to any relationship established in
30 the ordinary course of business between a credit union
31 and its member.
32 (b) This Section does not prohibit:
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1 (1) The preparation, examination, handling or
2 maintenance of any financial records by any officer,
3 employee or agent of a credit union having custody
4 of such records, or the examination of such records
5 by a certified public accountant engaged by the
6 credit union to perform an independent audit;
7 (2) The examination of any financial records
8 by or the furnishing of financial records by a
9 credit union to any officer, employee or agent of
10 the Department, the National Credit Union
11 Administration, Federal Reserve board or any insurer
12 of share accounts for use solely in the exercise of
13 his duties as an officer, employee or agent;
14 (3) The publication of data furnished from
15 financial records relating to members where the data
16 cannot be identified to any particular customer of
17 account;
18 (4) The making of reports or returns required
19 under Chapter 61 of the Internal Revenue Code of
20 1954;
21 (5) Furnishing information concerning the
22 dishonor of any negotiable instrument permitted to
23 be disclosed under the Uniform Commercial Code;
24 (6) The exchange in the regular course of
25 business of credit information between a credit
26 union and other credit unions or financial
27 institutions or commercial enterprises, directly or
28 through a consumer reporting agency;
29 (7) The furnishing of information to the
30 appropriate law enforcement authorities where the
31 credit union reasonably believes it has been the
32 victim of a crime;
33 (8) The furnishing of information pursuant to
34 the Uniform Disposition of Unclaimed Property Act;
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1 (9) The furnishing of information pursuant to
2 the Illinois Income Tax Act and the Illinois Estate
3 and Generation-Skipping Transfer Tax Act;
4 (10) The furnishing of information pursuant to
5 the federal "Currency and Foreign Transactions
6 Reporting Act", Title 31, United States Code,
7 Section 1051 et sequentia; or
8 (11) The furnishing of information pursuant to
9 any other statute which by its terms or by
10 regulations promulgated thereunder requires the
11 disclosure of financial records other than by
12 subpoena, summons, warrant or court order.
13 (12) The furnishing of information in
14 accordance with the federal Personal Responsibility
15 and Work Opportunity Reconciliation Act of 1996. Any
16 credit union governed by this Act shall enter into
17 an agreement for data exchanges with a State agency
18 provided the State agency pays to the credit union a
19 reasonable fee not to exceed its actual cost
20 incurred. A credit union providing information in
21 accordance with this item shall not be liable to any
22 account holder or other person for any disclosure of
23 information to a State agency, for encumbering or
24 surrendering any assets held by the credit union in
25 response to a lien or order to withhold and deliver
26 issued by a State agency, or for any other action
27 taken pursuant to this item, including individual or
28 mechanical errors, provided the action does not
29 constitute gross negligence or willful misconduct. A
30 credit union shall have no obligation to hold,
31 encumber, or surrender assets until it has been
32 served with a subpoena, summons, warrant, court or
33 administrative order, lien, or levy.
34 (c) A credit union may not disclose to any person,
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1 except to the member or his duly authorized agent, any
2 financial records relating to that member of the credit union
3 unless:
4 (1) the member has authorized disclosure to the
5 person;
6 (2) the financial records are disclosed in response
7 to a lawful subpoena, summons, warrant or court order
8 that meets the requirements of subparagraph (d) of this
9 Section; or
10 (3) the credit union is attempting to collect an
11 obligation owed to the credit union and the credit union
12 complies with the provisions of Section 2I of the
13 Consumer Fraud and Deceptive Business Practices Act.
14 (d) A credit union shall disclose financial records
15 under subparagraph (c)(2) of this Section pursuant to a
16 lawful subpoena, summons, warrant or court order only after
17 the credit union mails a copy of the subpoena, summons,
18 warrant or court order to the person establishing the
19 relationship with the credit union, if living, and otherwise
20 his personal representative, if known, at his last known
21 address by first class mail, postage prepaid unless the
22 credit union is specifically prohibited from notifying the
23 person by order of court or by applicable State or federal
24 law. In the case of a grand jury subpoena, a credit union
25 shall not mail a copy of a subpoena to any person pursuant to
26 this subsection if the subpoena was issued by a grand jury
27 under the Statewide Grand Jury Act or notifying the person
28 would constitute a violation of the federal Right to
29 Financial Privacy Act of 1978.
30 (e) (1) Any officer or employee of a credit union who
31 knowingly and wilfully furnishes financial records in
32 violation of this Section is guilty of a business offense
33 and upon conviction thereof shall be fined not more than
34 $1,000.
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1 (2) Any person who knowingly and wilfully induces
2 or attempts to induce any officer or employee of a credit
3 union to disclose financial records in violation of this
4 Section is guilty of a business offense and upon
5 conviction thereof shall be fined not more than $1,000.
6 (f) A credit union shall be reimbursed for costs which
7 are reasonably necessary and which have been directly
8 incurred in searching for, reproducing or transporting books,
9 papers, records or other data of a member required or
10 requested to be produced pursuant to a lawful subpoena,
11 summons, warrant or court order.
12 (Source: P.A. 89-603, eff. 8-2-96.)
13 (205 ILCS 305/43.1 new)
14 Sec. 43.1. Administrative liens for past-due child
15 support. Any credit union governed by this Act shall
16 encumber or surrender accounts or assets held by the credit
17 union on behalf of any responsible relative who is subject to
18 a child support lien, upon notice of the lien or levy of the
19 Illinois Department of Public Aid or its successor agency
20 pursuant to Section 10-25.5 of the Illinois Public Aid Code,
21 or upon notice of interstate lien from any other state's
22 agency responsible for implementing the child support
23 enforcement program set forth in Title IV, Part D of the
24 Social Security Act.
25 Section 55. The Foreign Banking Office Act is amended by
26 changing Section 3 and adding Section 20 as follows:
27 (205 ILCS 645/3) (from Ch. 17, par. 2710)
28 (Text of Section before amendment by P.A. 89-208)
29 Sec. 3. Certificates of authority; qualifications;
30 rights. A foreign banking corporation, upon receipt of a
31 certificate of authority from the Commissioner, may establish
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1 and maintain a single banking office in the central business
2 district of Chicago to conduct thereat a general banking
3 business and may apply for, and procure from the
4 Commissioner, a certificate of authority to conduct thereat a
5 trust business pursuant to the Corporate Fiduciary Act. No
6 such foreign banking corporation is, however, entitled to a
7 certificate of authority under this Act unless, under the
8 laws of the country under which such foreign banking
9 corporation was organized, a State bank and a national bank
10 may be authorized to maintain a banking office which may
11 engage in a general banking business or may be authorized to
12 own all the shares (except for directors' qualifying shares)
13 of a banking organization organized under the laws of such
14 country.
15 Upon receipt of a certificate of authority under this
16 Act, a foreign banking corporation may conduct its banking
17 business in this State with the same, but no greater, rights
18 and privileges as a State bank, and except as otherwise
19 provided in this Act, subject to the same duties,
20 restrictions, penalties and liabilities now or hereafter
21 imposed under the Illinois Banking Act upon a State bank;
22 provided, however, that said rights and privileges shall not
23 be construed to include the establishment of branches under
24 paragraph (15) of Section 5 of the Illinois Banking Act. Any
25 such banking office shall be maintained subject to
26 supervision and examination by the Commissioner and such
27 reports and examinations as are required of State banks under
28 the Illinois Banking Act applicable to such banking office.
29 (Source: P.A. 88-271; 89-364, eff. 8-18-95; 89-626, eff.
30 8-9-96.)
31 (Text of Section after amendment by P.A. 89-208)
32 Sec. 3. Certificates of authority; qualifications;
33 rights; supervision. A foreign banking corporation, upon
34 receipt of a certificate of authority from the Commissioner,
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1 may establish and maintain an Illinois banking office to
2 conduct thereat a general banking business and may apply for,
3 and procure from the Commissioner, a certificate of authority
4 to conduct thereat a trust business pursuant to the Corporate
5 Fiduciary Act. No such foreign banking corporation is,
6 however, entitled to a certificate of authority under this
7 Act unless, under the laws of the country under which such
8 foreign banking corporation was organized, a State bank and a
9 national bank may be authorized to maintain a banking office
10 which may engage in a general banking business or may be
11 authorized to own all the shares (except for directors'
12 qualifying shares) of a banking organization organized under
13 the laws of such country.
14 Upon receipt of a certificate of authority under this
15 Act, a foreign banking corporation may conduct its banking
16 business in this State with the same, but no greater, rights
17 and privileges as a State bank, and except as otherwise
18 provided in this Act, subject to the same duties,
19 restrictions, penalties and liabilities now or hereafter
20 imposed under the Illinois Banking Act upon a State bank.
21 Any such banking office shall be maintained subject to
22 supervision and examination by the Commissioner and such
23 reports and examinations as are required of State banks under
24 the Illinois Banking Act applicable to such banking office.
25 This Section does not prohibit the furnishing of
26 information in accordance with the federal Personal
27 Responsibility and Work Opportunity Reconciliation Act of
28 1996. Any foreign banking corporation governed by this Act
29 shall enter into an agreement for data exchanges with a State
30 agency provided the State agency pays to the foreign banking
31 corporation a reasonable fee not to exceed its actual cost
32 incurred. A foreign banking corporation providing
33 information in accordance with this item shall not be liable
34 to any account holder or other person for any disclosure of
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1 information to a State agency, for encumbering or
2 surrendering any assets held by the foreign banking
3 corporation in response to a lien or order to withhold and
4 deliver issued by a State agency, or for any other action
5 taken pursuant to this item, including individual or
6 mechanical errors, provided the action does not constitute
7 gross negligence or willful misconduct. A foreign banking
8 corporation shall have no obligation to hold, encumber, or
9 surrender assets until it has been served with a subpoena,
10 summons, warrant, court or administrative order, lien, or
11 levy.
12 (Source: P.A. 88-271; 89-208, eff. 6-1-97; 89-364, eff.
13 8-18-95; 89-626, eff. 8-9-96.)
14 (205 ILCS 645/20 new)
15 Sec. 20. Administrative liens for past-due child
16 support. Any foreign banking corporation governed by this
17 Act shall encumber or surrender accounts or assets held by
18 the foreign banking corporation on behalf of any responsible
19 relative who is subject to a child support lien, upon notice
20 of the lien or levy of the Illinois Department of Public Aid
21 or its successor agency pursuant to Section 10-25.5 of the
22 Illinois Public Aid Code, or upon notice of interstate lien
23 from any other state's agency responsible for implementing
24 the child support enforcement program set forth in Title IV,
25 Part D of the Social Security Act.
26 Section 60. The Illinois Insurance Code is amended by
27 changing Sections 238, 299.1a, and 337.1 and adding Sections
28 238.1 and 299.1b as follows:
29 (215 ILCS 5/238) (from Ch. 73, par. 850)
30 Sec. 238. Exemption.
31 (a) All proceeds payable because of the death of the
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1 insured and the aggregate net cash value of any or all life
2 and endowment policies and annuity contracts payable to a
3 wife or husband of the insured, or to a child, parent or
4 other person dependent upon the insured, whether the power to
5 change the beneficiary is reserved to the insured or not, and
6 whether the insured or his estate is a contingent beneficiary
7 or not, shall be exempt from execution, attachment,
8 garnishment or other process, for the debts or liabilities of
9 the insured incurred subsequent to the effective date of this
10 Code, except as to premiums paid in fraud of creditors within
11 the period limited by law for the recovery thereof.
12 (b) Any insurance company doing business in this State
13 and governed by this Code shall encumber or surrender
14 accounts as defined in Section 10-24 of the Illinois Public
15 Aid Code held by the insurance company owned by any
16 responsible relative who is subject to a child support lien,
17 upon notice of the lien or levy by the Illinois Department of
18 Public Aid or its successor agency pursuant to Section
19 10-25.5 of the Illinois Public Aid Code, or upon notice of
20 interstate lien from any other state's agency responsible for
21 implementing the child support enforcement program set forth
22 in Title IV, Part D of the Social Security Act.
23 This Section does not prohibit the furnishing of
24 information in accordance with the federal Personal
25 Responsibility and Work Opportunity Reconciliation Act of
26 1996. Any insurance company governed by this Code shall
27 enter into an agreement for data exchanges with the
28 Department of Public Aid provided the Department of Public
29 Aid pays to the insurance company a reasonable fee not to
30 exceed its actual cost incurred. An insurance company
31 providing information in accordance with this item shall not
32 be liable to any owner of an account as defined in Section
33 10-24 of the Illinois Public Aid Code or other person for any
34 disclosure of information to the Department of Public Aid,
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1 for encumbering or surrendering any accounts as defined in
2 Section 10-24 of the Illinois Public Aid Code held by the
3 insurance company in response to a lien or order to withhold
4 and deliver issued by a State agency, or for any other action
5 taken pursuant to this item, including individual or
6 mechanical errors, provided the action does not constitute
7 gross negligence or willful misconduct. An insurance company
8 shall have no obligation to hold, encumber, or surrender any
9 accounts as defined in Section 10-24 of the Illinois Public
10 Aid Code until it has been served with a subpoena, summons,
11 warrant, court or administrative order, lien, or levy
12 requiring that action.
13 (Source: Laws 1937, p. 696.)
14 (215 ILCS 5/238.1 new)
15 Sec. 238.1. Data exchanges; administrative liens.
16 (a) Any insurance company doing business in the State
17 and governed by this Code shall enter into an agreement for
18 data exchanges with the Illinois Department of Public Aid for
19 the purpose of locating accounts as defined in Section 10-24
20 of the Illinois Public Aid Code of responsible relatives to
21 satisfy past-due child support owed by responsible relatives
22 under an order for support entered by a court or
23 administrative body of this or any other State on behalf of
24 resident or non-resident persons.
25 (b) Notwithstanding any provisions in this Code to the
26 contrary, an insurance company shall not be liable to any
27 person:
28 (1) for any disclosure of information to the
29 Illinois Department of Public Aid under subsection (a);
30 (2) for encumbering or surrendering any accounts as
31 defined in Section 10-24 of the Illinois Public Aid Code
32 held by such insurance company in response to a notice of
33 lien or levy issued by the Illinois Department of Public
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1 Aid, or by any other state's child support enforcement
2 agency, as provided for in Section 238 of this Code; or
3 (3) for any other action taken in good faith to
4 comply with the requirements of subsection (a).
5 (215 ILCS 5/299.1a) (from Ch. 73, par. 911.1a)
6 Sec. 299.1a. Benefits not Attachable.
7 (a) No money or other charity, relief or aid to be paid,
8 provided or rendered by any society shall be liable to
9 attachment, garnishment or other process or to be seized,
10 taken, appropriated or applied by any legal or equitable
11 process or operation of law to pay any debt or liability of a
12 member or beneficiary, or any other person who may have a
13 right thereunder, either before or after payment by the
14 society.
15 (b) Any benefit association doing business in this State
16 and governed by this Article XVII shall encumber or surrender
17 accounts as defined in Section 10-24 of the Illinois Public
18 Aid Code held by the benefit association owned by any
19 responsible relative who is subject to a child support lien,
20 upon notice of the lien or levy by the Illinois Department of
21 Public Aid or its successor agency pursuant to Section
22 10-25.5 of the Illinois Public Aid Code, or upon notice of
23 interstate lien from any other state's agency responsible for
24 implementing the child support enforcement program set forth
25 in Title IV, Part D of the Social Security Act.
26 This Section shall not prohibit the furnishing of
27 information in accordance with the federal Personal
28 Responsibility and Work Opportunity Reconciliation Act of
29 1996. Any benefit association governed by this Article XVII
30 shall enter into an agreement for data exchanges with the
31 Department of Public Aid provided the Department of Public
32 Aid pays to the benefit association a reasonable fee not to
33 exceed its actual cost incurred. A benefit association
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1 providing information in accordance with this item shall not
2 be liable to any account holder or other person for any
3 disclosure of information to a State agency, for encumbering
4 or surrendering any accounts as defined in Section 10-24 of
5 the Illinois Public Aid Code held by the benefit association
6 in response to a lien or order to withhold and deliver issued
7 by a State agency, or for any other action taken pursuant to
8 this item, including individual or mechanical errors,
9 provided the action does not constitute gross negligence or
10 willful misconduct. A benefit association shall have no
11 obligation to hold, encumber, or surrender accounts until it
12 has been served with a subpoena, summons, warrant, court or
13 administrative order, lien, or levy requiring that action.
14 (Source: P.A. 84-303.)
15 (215 ILCS 5/299.1b new)
16 Sec. 299.1b. Data exchanges; administrative liens.
17 (a) Any benefit association doing business in the State
18 and governed by this Code shall enter into an agreement for
19 data exchanges with the Illinois Department of Public Aid for
20 the purpose of locating accounts as defined in Section 10-24
21 of the Illinois Public Aid Code of responsible relatives to
22 satisfy past-due child support owed by responsible relatives
23 under an order for support entered by a court or
24 administrative body of this or any other State on behalf of
25 resident or non-resident persons.
26 (b) Notwithstanding any provisions in this Code to the
27 contrary, a benefit association shall not be liable to any
28 person:
29 (1) for any disclosure of information to the
30 Illinois Department of Public Aid under subsection (a);
31 (2) for encumbering or surrendering any accounts as
32 defined in Section 10-24 of the Illinois Public Aid Code
33 held by such benefit association in response to a notice
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1 of lien or levy issued by the Illinois Department of
2 Public Aid, or by any other state's child support
3 enforcement agency, as provided for in Section 299.1a of
4 this Code; or
5 (3) for any other action taken in good faith to
6 comply with the requirements of subsection (a).
7 (215 ILCS 5/337.1 new)
8 Sec. 337.1. Data exchanges; administrative liens.
9 (a) Any benefit association governed by this Article
10 XVIII shall encumber or surrender accounts as defined in
11 Section 10-24 of the Illinois Public Aid Code held by the
12 benefit association on behalf of any responsible relative who
13 is subject to a child support lien, upon notice of the lien
14 or levy by the Illinois Department of Public Aid or its
15 successor agency pursuant to Section 10-25.5 of the Illinois
16 Public Aid Code, or upon notice of interstate lien from any
17 other state's agency responsible for implementing the child
18 support enforcement program set forth in Title IV, Part D of
19 the Social Security Act.
20 (b) This Section shall not prohibit the furnishing of
21 information in accordance with the federal Personal
22 Responsibility and Work Opportunity Reconciliation Act of
23 1996. Any benefit association governed by this Article XVIII
24 shall enter into an agreement for data exchanges with the
25 Department of Public Aid provided the Department of Public
26 Aid pays to the benefit association a reasonable fee not to
27 exceed its actual cost incurred. A benefit association
28 providing information in accordance with this item shall not
29 be liable to any owner of an account as defined in Section
30 10-24 of the Illinois Public Aid Code or other person for any
31 disclosure of information to the Department of Public Aid,
32 for encumbering or surrendering any accounts held by the
33 benefit association in response to a lien or order to
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1 withhold and deliver issued by the Department of Public Aid,
2 or for any other action taken pursuant to this item,
3 including individual or mechanical errors, provided the
4 action does not constitute gross negligence or willful
5 misconduct. A benefit association shall have no obligation to
6 hold, encumber, or surrender the accounts or portions there
7 of as defined in Section 10-24 of the Illinois Public Aid
8 Code until it has been served with a subpoena, summons,
9 warrant, court or administrative order, lien, or levy.
10 Section 65. The Illinois Public Aid Code is amended by
11 changing Sections 10-1, 10-2, 10-3.1, 10-3.3, 10-6, 10-10,
12 10-11, 10-11.1, 10-16.2, 10-17.1, 10-17.2, and 12-10.2 and
13 adding Sections 10-3.4, 10-8.1, 10-17.11, 10-24, 10-24.5,
14 10-24.30, 10-24.35, 10-24.40, 10-24.45, 10-24.50, 10-25,
15 10-25.5, and 12-4.7c as follows:
16 (305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
17 Sec. 10-1. Declaration of Public Policy - Persons
18 Eligible for Child and Spouse Support Services - Fees for
19 Non-Applicants and Non-Recipients.) It is the intent of this
20 Code that the financial aid and social welfare services
21 herein provided supplement rather than supplant the primary
22 and continuing obligation of the family unit for self-support
23 to the fullest extent permitted by the resources available to
24 it. This primary and continuing obligation applies whether
25 the family unit of parents and children or of husband and
26 wife remains intact and resides in a common household or
27 whether the unit has been broken by absence of one or more
28 members of the unit. The obligation of the family unit is
29 particularly applicable when a member is in necessitous
30 circumstances and lacks the means of a livelihood compatible
31 with health and well-being.
32 It is the purpose of this Article to provide for locating
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1 an absent parent or spouse, for determining his financial
2 circumstances, and for enforcing his legal obligation of
3 support, if he is able to furnish support, in whole or in
4 part. The Illinois Department of Public Aid shall give
5 priority to establishing, enforcing and collecting the
6 current support obligation, and then to past due support owed
7 to the family unit, except with respect to collections
8 effected through the intercept programs provided for in this
9 Article.
10 The child and spouse support services provided hereunder
11 shall be furnished dependents of an absent parent or spouse
12 who are applicants for or recipients of financial aid under
13 this Code. It is not, however, a condition of eligibility
14 for financial aid that there be no responsible relatives who
15 are reasonably able to provide support. Nor, except as
16 provided in Sections 4-1.7 and 10-8, shall the existence of
17 such relatives or their payment of support contributions
18 disqualify a needy person for financial aid.
19 By accepting financial aid under this Code, a spouse or a
20 parent or other person having custody of a child shall be
21 deemed to have made assignment to the Illinois Department for
22 aid under Articles III, IV, V and VII or to a local
23 governmental unit for aid under Article VI of any and all
24 rights, title, and interest in any support obligation up to
25 the amount of financial aid provided. The rights to support
26 assigned to the Illinois Department of Public Aid or local
27 governmental unit shall constitute an obligation owed the
28 State or local governmental unit by the person who is
29 responsible for providing the support, and shall be
30 collectible under all applicable processes.
31 The Illinois Department of Public Aid shall also furnish
32 the child and spouse support services established under this
33 Article in behalf of persons who are not applicants for or
34 recipients of financial aid under this Code in accordance
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1 with the requirements of Title IV, Part D of the Social
2 Security Act. At the discretion of the Illinois Department
3 of Public Aid, the child and spouse support services
4 established under this Article may also be furnished in
5 behalf of spouses and dependent children who are not
6 applicants for or recipients of financial aid under this
7 Code. The Department may limit eligibility of these persons
8 to designated income classes. If non-applicants and
9 non-recipients are included, The Department may establish a
10 schedule of reasonable fees, to be paid for the services
11 provided and may deduct a collection fee, not to exceed 10%
12 of the amount collected, from such collection. The Illinois
13 Department of Public Aid shall cause to be published and
14 distributed publications reasonably calculated to inform the
15 public that individuals who are not recipients of or
16 applicants for public aid under this Code are eligible for
17 the child and spouse support services under this Article X.
18 Such publications shall set forth an explanation, in plain
19 language, that the child and spouse support services program
20 is independent of any public aid program under the Code and
21 that the receiving of child and spouse support service in no
22 way implies that the person receiving such service is
23 receiving public aid.
24 (Source: P.A. 85-597.)
25 (305 ILCS 5/10-2) (from Ch. 23, par. 10-2)
26 Sec. 10-2. Extent of Liability. A husband is liable for
27 the support of his wife and a wife for the support of her
28 husband. The parents are severally liable for the support of
29 any child under age 21, except that a parent is not liable
30 for a child age 18 or over if such child is not living with
31 the parent or parents, and a parent is not liable for a child
32 of any age if the child has married and is not living with
33 the parent or parents. A child shall be considered to be
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1 living with the parent or parents if such child is absent
2 from the parent's or parents' home only in order to regularly
3 attend a school, college or university or to receive
4 technical training designed for preparation for gainful
5 employment. The term "child" includes a child born out of
6 wedlock, or legally adopted child, but the liability of the
7 father of a child born out of wedlock shall not be
8 enforceable unless he has been determined to be the child's
9 father in a judicial or administrative proceeding, or he has
10 or shall acknowledge paternity of the child in accordance
11 with Section 10-17.7 of this Code or Section 12 of the Vital
12 Records Act.
13 In addition to the primary obligation of support imposed
14 upon responsible relatives, such relatives, if individually
15 or together in any combination they have sufficient income or
16 other resources to support a needy person, in whole or in
17 part, shall be liable for any financial aid extended under
18 this Code to a person for whose support they are responsible,
19 including amounts expended for funeral and burial costs.
20 (Source: P.A. 88-687, eff. 1-24-95; 89-641, eff. 8-9-96.)
21 (305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
22 Sec. 10-3.1. Child and Spouse Support Unit. The
23 Illinois Department shall establish within its administrative
24 staff a Child and Spouse Support Unit to search for and
25 locate absent parents and spouses liable for the support of
26 persons resident in this State and to exercise the support
27 enforcement powers and responsibilities assigned the
28 Department by this Article. The unit shall cooperate with
29 all law enforcement officials in this State and with the
30 authorities of other States in locating persons responsible
31 for the support of persons resident in other States and shall
32 invite the cooperation of these authorities in the
33 performance of its duties.
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1 In addition to other duties assigned the Child and Spouse
2 Support Unit by this Article, the Unit may refer to the
3 Attorney General or units of local government with the
4 approval of the Attorney General, any actions under Sections
5 10-10 and 10-15 for judicial enforcement of the support
6 liability. The Child and Spouse Support Unit shall act for
7 the Department in referring to the Attorney General support
8 matters requiring judicial enforcement under other laws. If
9 requested by the Attorney General to so act, as provided in
10 Section 12-16, attorneys of the Unit may assist the Attorney
11 General or themselves institute actions in behalf of the
12 Illinois Department under the Revised Uniform Reciprocal
13 Enforcement of Support Act; under the Illinois Parentage Act
14 of 1984; under the Non-Support of Spouse and Children Act; or
15 under any other law, State or Federal, providing for support
16 of a spouse or dependent child.
17 The Illinois Department shall also have the authority to
18 enter into agreements with local governmental units or
19 individuals, with the approval of the Attorney General, for
20 the collection of moneys owing because of the failure of a
21 parent to make child support payments for any child receiving
22 services under this Article. Such agreements may be on a
23 contingent fee basis, but such contingent fee shall not
24 exceed 25% of the total amount collected.
25 An attorney who provides representation pursuant to this
26 Section shall represent the Illinois Department exclusively.
27 Regardless of the designation of the plaintiff in an action
28 brought pursuant to this Section, an attorney-client
29 relationship does not exist for purposes of that action
30 between that attorney and (i) an applicant for or recipient
31 of child and spouse support services or (ii) any other party
32 to the action other than the Illinois Department. Nothing in
33 this Section shall be construed to modify any power or duty
34 (including a duty to maintain confidentiality) of the Child
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1 and Spouse Support Unit or the Illinois Department otherwise
2 provided by law.
3 The Illinois Department may also enter into agreements
4 with local governmental units for the Child and Spouse
5 Support Unit to exercise the investigative and enforcement
6 powers designated in this Article, including the issuance of
7 administrative orders under Section 10-11, in locating
8 responsible relatives and obtaining support for persons
9 applying for or receiving aid under Article VI. Payments for
10 defrayment of administrative costs and support payments
11 obtained shall be deposited into the Public Assistance
12 Recoveries Trust Fund. Support payments shall be paid over
13 to the General Assistance Fund of the local governmental unit
14 at such time or times as the agreement may specify.
15 With respect to those cases in which it has support
16 enforcement powers and responsibilities under this Article,
17 the Illinois Department may provide by rule for periodic or
18 other review of each administrative and court order for
19 support to determine whether a modification of the order
20 should be sought. The Illinois Department shall provide for
21 and conduct such review in accordance with any applicable
22 federal law and regulation.
23 As part of its process for review of orders for support,
24 the Illinois Department, through written notice, may require
25 the responsible relative to disclose his or her Social
26 Security Number and past and present information concerning
27 the relative's address, employment, gross wages, deductions
28 from gross wages, net wages, bonuses, commissions, number of
29 dependent exemptions claimed, individual and dependent health
30 insurance coverage, and any other information necessary to
31 determine the relative's ability to provide support in a case
32 receiving child and spouse support services under this
33 Article X.
34 If the responsible relative fails to fully respond to the
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1 notice for information within 15 days after the date the
2 relative receives the notice, The Illinois Department may
3 send a written request for the same information to the
4 relative's employer. The employer shall respond to the
5 request for information within 15 days after the date the
6 employer receives the request. If the employer willfully
7 fails to fully respond within the 15-day period, the employer
8 shall pay a penalty of $100 for each day that the response is
9 not provided to the Illinois Department after the 15-day
10 period has expired. The penalty may be collected in a civil
11 action which may be brought against the employer in favor of
12 the Illinois Department.
13 A written request for information sent to an employer
14 pursuant to this Section shall consist of (i) a citation of
15 this Section as the statutory authority for the request and
16 for the employer's obligation to provide the requested
17 information, (ii) a returnable form setting forth the
18 employer's name and address and listing the name of the
19 employee with respect to whom information is requested, and
20 (iii) a citation of this Section as the statutory authority
21 authorizing the employer to withhold a fee of up to $20 from
22 the wages or income to be paid to each responsible relative
23 for providing the information to the Illinois Department
24 within the 15-day period. If the employer is withholding
25 support payments from the responsible relative's income
26 pursuant to an order for withholding, the employer may
27 withhold the fee provided for in this Section only after
28 withholding support as required under the order. Any amounts
29 withheld from the responsible relative's income for payment
30 of support and the fee provided for in this Section shall not
31 be in excess of the amounts permitted under the federal
32 Consumer Credit Protection Act.
33 In a case receiving child and spouse support services,
34 the Illinois Department may request and obtain information
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1 from a particular employer under this Section no more than
2 once in any 12-month period, unless the information is
3 necessary to conduct a review of a court or administrative
4 order for support at the request of the person receiving
5 child and spouse support services.
6 The Illinois Department shall establish and maintain an
7 administrative unit to receive and transmit to the Child and
8 Spouse Support Unit information supplied by persons applying
9 for or receiving child and spouse support services under
10 Section 10-1. In addition, the Illinois Department shall
11 address and respond to any alleged deficiencies that persons
12 receiving or applying for services from the Child and Spouse
13 Support Unit may identify concerning the Child and Spouse
14 Support Unit's provision of child and spouse support
15 services. Within 60 days after an action or failure to act by
16 the Child and Spouse Support Unit that affects his or her
17 case, a recipient of or applicant for child and spouse
18 support services under Article X of this Code may request an
19 explanation of the Unit's handling of the case. At the
20 requestor's option, the explanation may be provided either
21 orally in an interview, in writing, or both. If the Illinois
22 Department fails to respond to the request for an explanation
23 or fails to respond in a manner satisfactory to the applicant
24 or recipient within 30 days from the date of the request for
25 an explanation, the applicant or recipient may request a
26 conference for further review of the matter by the Office of
27 the Administrator of the Child and Spouse Support Unit. A
28 request for a conference may be submitted at any time within
29 60 days after the explanation has been provided by the Child
30 and Spouse Support Unit or within 60 days after the time for
31 providing the explanation has expired.
32 The applicant or recipient may request a conference
33 concerning any decision denying or terminating child or
34 spouse support services under Article X of this Code, and the
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1 applicant or recipient may also request a conference
2 concerning the Unit's failure to provide services or the
3 provision of services in an amount or manner that is
4 considered inadequate. For purposes of this Section, the
5 Child and Spouse Support Unit includes all local governmental
6 units or individuals with whom the Illinois Department has
7 contracted under Section 10-3.1.
8 Upon receipt of a timely request for a conference, the
9 Office of the Administrator shall review the case. The
10 applicant or recipient requesting the conference shall be
11 entitled, at his or her option, to appear in person or to
12 participate in the conference by telephone. The applicant or
13 recipient requesting the conference shall be entitled to be
14 represented and to be afforded a reasonable opportunity to
15 review the Illinois Department's file before or at the
16 conference. At the conference, the applicant or recipient
17 requesting the conference shall be afforded an opportunity to
18 present all relevant matters in support of his or her claim.
19 Conferences shall be without cost to the applicant or
20 recipient requesting the conference and shall be conducted by
21 a representative of the Child or Spouse Support Unit who did
22 not participate in the action or inaction being reviewed.
23 The Office of the Administrator shall conduct a
24 conference and inform all interested parties, in writing, of
25 the results of the conference within 60 days from the date of
26 filing of the request for a conference.
27 In addition to its other powers and responsibilities
28 established by this Article, the Child and Spouse Support
29 Unit shall conduct an annual assessment of each institution's
30 program for institution based paternity establishment under
31 Section 12 of the Vital Records Act.
32 (Source: P.A. 88-307; 88-687, eff. 1-24-95.)
33 (305 ILCS 5/10-3.3)
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1 Sec. 10-3.3. Locating support obligor and others;
2 penalties.
3 (a) The Child and Spouse Support Unit may request and
4 receive from employers, labor unions, telephone companies,
5 and utility companies location information concerning
6 putative fathers and noncustodial parents for the purpose of
7 establishing a child's paternity or establishing, enforcing,
8 or modifying a child support obligation. In this Section,
9 "location information" means information about (i) the
10 physical whereabouts of a putative father or noncustodial
11 parent, (ii) the putative father or noncustodial parent's
12 employer, or (iii) the salary, wages, and other compensation
13 paid and the health insurance coverage provided to the
14 putative father or noncustodial parent by the employer of the
15 putative father or noncustodial parent or by a labor union of
16 which the putative father or noncustodial parent is a member.
17 The employer of a putative father or noncustodial parent
18 or the labor union of which the putative father or
19 noncustodial parent is a member shall respond to the request
20 of the Child and Spouse Support Unit within 15 days after the
21 employer or labor union receives the request. Any employer
22 or labor union that willfully fails to fully respond within
23 the 15-day period shall be subject to a penalty of $100 for
24 each day that the response is not provided to the Illinois
25 Department after the 15-day period has expired. The penalty
26 may be collected in a civil action, which may be brought
27 against the employer or labor union in favor of the Illinois
28 Department.
29 (b) Pursuant to an administrative subpoena as authorized
30 under this Code, the Child and Spouse Support Unit may
31 request and receive from utility companies and cable
32 television companies location information concerning
33 individuals who owe or are owed support or against whom or
34 with respect to whom a support obligation is sought.
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1 (Source: P.A. 89-395, eff. 1-1-96.)
2 (305 ILCS 5/10-3.4 new)
3 Sec. 10-3.4. Obtaining location information.
4 (a) The Illinois Department shall enter into agreements
5 with the Department of State Police and the Secretary of
6 State to obtain location information on persons for the
7 purpose of establishing paternity, and establishing,
8 modifying, and enforcing child support obligations.
9 (b) Upon request, the Illinois Department shall provide
10 information obtained pursuant to this Section to federal
11 agencies and other states' agencies conducting child support
12 enforcement activities under Title IV, Part D of the Social
13 Security Act.
14 (305 ILCS 5/10-6) (from Ch. 23, par. 10-6)
15 Sec. 10-6. Investigation and Determination. The
16 administrative enforcement unit shall review the forms or
17 questionnaires returned by each responsible relative and
18 supplement the information provided therein, where required,
19 by such additional consultations with the responsible
20 relative and such other investigations as may be necessary,
21 including genetic testing if paternity is an issue and,
22 applying the standard or guidelines and regulations
23 established by the Illinois Department, shall determine
24 whether and the extent to which, the responsible relative
25 individually or together in any combination, are reasonably
26 able to provide support. If the child was born out of wedlock
27 and the case is subject to the voluntary acknowledgment of
28 paternity or the administrative determination of paternity
29 under rules established under Section 10-17.7, the Child and
30 Spouse Support Unit of the Illinois Department shall
31 determine the child support obligation under subsection (b)
32 of Section 10-7 upon establishing the child's paternity. If
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1 the child's paternity was established by judicial or
2 administrative process in any other state, the Illinois
3 Department may use administrative processes contained in this
4 Article X to establish a child support order.
5 In aid of its investigative authority, the Child and
6 Spouse Support Unit of the Illinois Department may use the
7 subpoena power as set forth in this Article.
8 The Illinois Department, by rule, may authorize the
9 administrative enforcement units to conduct periodic or other
10 reinvestigations and redeterminations of the financial
11 ability of responsible relatives. Any redeterminations shall
12 have the effect of altering, amending, or modifying previous
13 determinations and administrative orders entered pursuant to
14 Sections 10-7 and 10-11. However, any redetermination which
15 establishes liability for support or reimbursement, or which
16 modifies the support or reimbursement liability specified in
17 a prior order, shall be subject to the provisions of Section
18 10-12 and the administrative and judicial review procedures
19 herein provided for original orders.
20 (Source: P.A. 88-687, eff. 1-24-95; 89-641, eff. 8-9-96.)
21 (305 ILCS 5/10-8.1 new)
22 Sec. 10-8.1. Temporary order for child support.
23 Notwithstanding any other law to the contrary, pending the
24 outcome of an administrative determination of parentage, the
25 Illinois Department shall issue a temporary order for child
26 support, upon motion by a party and a showing of clear and
27 convincing evidence of paternity. In determining the amount
28 of the temporary child support award, the Illinois Department
29 shall use the guidelines and standards set forth in
30 subsection (a) of Section 505 and in Section 505.2 of the
31 Illinois Marriage and Dissolution of Marriage Act.
32 Any new or existing support order entered by the Illinois
33 Department under this Section shall be deemed to be a series
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1 of judgments against the person obligated to pay support
2 thereunder, each such judgment to be in the amount of each
3 payment or installment of support and each judgment to be
4 deemed entered as of the date the corresponding payment or
5 installment becomes due under the terms of the support order.
6 Each such judgment shall have the full force, effect, and
7 attributes of any other judgment of this State, including the
8 ability to be enforced. Any such judgment is subject to
9 modification or termination only in accordance with Section
10 510 of the Illinois Marriage and Dissolution of Marriage Act.
11 A lien arises by operation of law against the real and
12 personal property of the noncustodial parent for each
13 installment of overdue support owed by the noncustodial
14 parent.
15 All orders for support entered or modified in a case in
16 which a party is receiving child and spouse support services
17 under this Article X shall include a provision requiring the
18 non-custodial parent to notify the Illinois Department,
19 within 7 days, (i) of the name, address, and telephone number
20 of any new employer of the non-custodial parent, (ii) whether
21 the non-custodial parent has access to health insurance
22 coverage through the employer or other group coverage, and,
23 if so, the policy name and number and the names of persons
24 covered under the policy, and (iii) of any new residential or
25 mailing address or telephone number of the non-custodial
26 parent.
27 In any subsequent action to enforce a support order, upon
28 sufficient showing that diligent effort has been made to
29 ascertain the location of the non-custodial parent, service
30 of process or provision of notice necessary in that action
31 may be made at the last known address of the non-custodial
32 parent, in any manner expressly provided by the Code of Civil
33 Procedure or this Act, which service shall be sufficient for
34 purposes of due process.
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1 An order for support shall include a date on which the
2 current support obligation terminates. The termination date
3 shall be no earlier than the date on which the child covered
4 by the order will attain the age of majority or is otherwise
5 emancipated. The order for support shall state that the
6 termination date does not apply to any arrearage that may
7 remain unpaid on that date. Nothing in this paragraph shall
8 be construed to prevent the Illinois Department from
9 modifying the order.
10 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
11 Sec. 10-10. Court enforcement; applicability also to
12 persons who are not applicants or recipients. Except where
13 the Illinois Department, by agreement, acts for the local
14 governmental unit, as provided in Section 10-3.1, local
15 governmental units shall refer to the State's Attorney or to
16 the proper legal representative of the governmental unit, for
17 judicial enforcement as herein provided, instances of
18 non-support or insufficient support when the dependents are
19 applicants or recipients under Article VI. The Child and
20 Spouse Support Unit established by Section 10-3.1 may
21 institute in behalf of the Illinois Department any actions
22 under this Section for judicial enforcement of the support
23 liability when the dependents are (a) applicants or
24 recipients under Articles III, IV, V or VII (b) applicants or
25 recipients in a local governmental unit when the Illinois
26 Department, by agreement, acts for the unit; or (c)
27 non-applicants or non-recipients who are receiving support
28 enforcement services under this Article X, as provided in
29 Section 10-1. Where the Child and Spouse Support Unit has
30 exercised its option and discretion not to apply the
31 provisions of Sections 10-3 through 10-8, the failure by the
32 Unit to apply such provisions shall not be a bar to bringing
33 an action under this Section.
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1 Action shall be brought in the circuit court to obtain
2 support, or for the recovery of aid granted during the period
3 such support was not provided, or both for the obtainment of
4 support and the recovery of the aid provided. Actions for
5 the recovery of aid may be taken separately or they may be
6 consolidated with actions to obtain support. Such actions
7 may be brought in the name of the person or persons requiring
8 support, or may be brought in the name of the Illinois
9 Department or the local governmental unit, as the case
10 requires, in behalf of such persons.
11 The court may enter such orders for the payment of moneys
12 for the support of the person as may be just and equitable
13 and may direct payment thereof for such period or periods of
14 time as the circumstances require, including support for a
15 period before the date the order for support is entered. The
16 order may be entered against any or all of the defendant
17 responsible relatives and may be based upon the proportionate
18 ability of each to contribute to the person's support.
19 The Court shall determine the amount of child support
20 (including child support for a period before the date the
21 order for child support is entered) by using the guidelines
22 and standards set forth in subsection (a) of Section 505 and
23 in Section 505.2 of the Illinois Marriage and Dissolution of
24 Marriage Act. For purposes of determining the amount of child
25 support to be paid for a period before the date the order for
26 child support is entered, there is a rebuttable presumption
27 that the responsible relative's net income for that period
28 was the same as his or her net income at the time the order
29 is entered.
30 The Court shall determine the amount of maintenance using
31 the standards set forth in Section 504 of the Illinois
32 Marriage and Dissolution of Marriage Act.
33 Any new or existing support order entered by the court
34 under this Section shall be deemed to be a series of
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1 judgments against the person obligated to pay support
2 thereunder, each such judgment to be in the amount of each
3 payment or installment of support and each such judgment to
4 be deemed entered as of the date the corresponding payment or
5 installment becomes due under the terms of the support order.
6 Each such judgment shall have the full force, effect and
7 attributes of any other judgment of this State, including the
8 ability to be enforced. Any such judgment is subject to
9 modification or termination only in accordance with Section
10 510 of the Illinois Marriage and Dissolution of Marriage Act.
11 A lien arises by operation of law against the real and
12 personal property of the noncustodial parent for each
13 installment of overdue support owed by the noncustodial
14 parent.
15 When an order is entered for the support of a minor, the
16 court may provide therein for reasonable visitation of the
17 minor by the person or persons who provided support pursuant
18 to the order. Whoever willfully refuses to comply with such
19 visitation order or willfully interferes with its enforcement
20 may be declared in contempt of court and punished therefor.
21 Except where the local governmental unit has entered into
22 an agreement with the Illinois Department for the Child and
23 Spouse Support Unit to act for it, as provided in Section
24 10-3.1, support orders entered by the court in cases
25 involving applicants or recipients under Article VI shall
26 provide that payments thereunder be made directly to the
27 local governmental unit. Orders for the support of all other
28 applicants or recipients shall provide that payments
29 thereunder be made directly to the Illinois Department. In
30 accordance with federal law and regulations, the Illinois
31 Department may continue to collect current maintenance
32 payments or child support payments, or both, after those
33 persons cease to receive public assistance and until
34 termination of services under Article X. The Illinois
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1 Department shall pay the net amount collected to those
2 persons after deducting any costs incurred in making the
3 collection or any collection fee from the amount of any
4 recovery made. In both cases the order shall permit the
5 local governmental unit or the Illinois Department, as the
6 case may be, to direct the responsible relative or relatives
7 to make support payments directly to the needy person, or to
8 some person or agency in his behalf, upon removal of the
9 person from the public aid rolls or upon termination of
10 services under Article X.
11 If the notice of support due issued pursuant to Section
12 10-7 directs that support payments be made directly to the
13 needy person, or to some person or agency in his behalf, and
14 the recipient is removed from the public aid rolls, court
15 action may be taken against the responsible relative
16 hereunder if he fails to furnish support in accordance with
17 the terms of such notice.
18 Actions may also be brought under this Section in behalf
19 of any person who is in need of support from responsible
20 relatives, as defined in Section 2-11 of Article II who is
21 not an applicant for or recipient of financial aid under this
22 Code. In such instances, the State's Attorney of the county
23 in which such person resides shall bring action against the
24 responsible relatives hereunder. If the Illinois Department,
25 as authorized by Section 10-1, extends the support services
26 provided by this Article to spouses and dependent children
27 who are not applicants or recipients under this Code, the
28 Child and Spouse Support Unit established by Section 10-3.1
29 shall bring action against the responsible relatives
30 hereunder and any support orders entered by the court in such
31 cases shall provide that payments thereunder be made directly
32 to the Illinois Department.
33 Whenever it is determined in a proceeding to establish or
34 enforce a child support or maintenance obligation that the
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1 person owing a duty of support is unemployed, the court may
2 order the person to seek employment and report periodically
3 to the court with a diary, listing or other memorandum of his
4 or her efforts in accordance with such order. Additionally,
5 the court may order the unemployed person to report to the
6 Department of Employment Security for job search services or
7 to make application with the local Jobs Training Partnership
8 Act provider for participation in job search, training or
9 work programs and where the duty of support is owed to a
10 child receiving support services under this Article X, the
11 court may order the unemployed person to report to the
12 Illinois Department for participation in job search, training
13 or work programs established under Section 9-6 and Article
14 IXA of this Code.
15 Whenever it is determined that a person owes past-due
16 support for a child receiving assistance under this Code, the
17 court shall order at the request of the Illinois Department:
18 (1) that the person pay the past-due support in
19 accordance with a plan approved by the court; or
20 (2) if the person owing past-due support is
21 unemployed, is subject to such a plan, and is not
22 incapacitated, that the person participate in such job
23 search, training, or work programs established under
24 Section 9-6 and Article IXA of this Code as the court
25 deems appropriate.
26 A determination under this Section shall not be
27 administratively reviewable by the procedures specified in
28 Sections 10-12, and 10-13 to 10-13.10. Any determination
29 under these Sections, if made the basis of court action under
30 this Section, shall not affect the de novo judicial
31 determination required under this Section.
32 A one-time charge of 20% is imposable upon the amount of
33 past-due child support owed on July 1, 1988 which has accrued
34 under a support order entered by the court. The charge shall
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1 be imposed in accordance with the provisions of Section 10-21
2 of this Code and shall be enforced by the court upon
3 petition.
4 All orders An order for support, when entered or
5 modified, in a case in which a party is receiving child and
6 spouse support services under this Article X shall include a
7 provision requiring the non-custodial parent to notify the
8 court and, in cases in which a party is receiving child and
9 spouse support services under this Article X, the Illinois
10 Department, within 7 days, (i) of the name, and address, and
11 telephone number of any new employer of the non-custodial
12 parent, (ii) whether the non-custodial parent has access to
13 health insurance coverage through the employer or other group
14 coverage, and, if so, the policy name and number and the
15 names of persons covered under the policy, and (iii) of any
16 new residential or mailing address or telephone number of the
17 non-custodial parent. In any subsequent action to enforce a
18 support order, upon a sufficient showing that a diligent
19 effort has been made to ascertain the location of the
20 non-custodial parent, service of process or provision of
21 notice necessary in the case may be made at the last known
22 address of the non-custodial parent in any manner expressly
23 provided by the Code of Civil Procedure or this Code, which
24 service shall be sufficient for purposes of due process.
25 In cases in which a party is receiving child and spouse
26 support services under this Article X and the order for
27 support provides that child support payments be made to the
28 obligee, the Illinois Department of Public Aid may provide
29 notice to the obligor and the obligor's payor, when income
30 withholding is in effect under Section 10-16.2, to make all
31 payments after receipt of the Illinois Department's notice to
32 the clerk of the court until further notice by the Illinois
33 Department or order of the court. Copies of the notice shall
34 be provided to the obligee and the clerk. The clerk's copy
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1 shall contain a proof of service on the obligor and the
2 obligor's payor, where applicable. The clerk shall file the
3 clerk's copy of the notice in the court file. The notice to
4 the obligor and the payor, if applicable, may be sent by
5 ordinary mail, certified mail, return receipt requested,
6 facsimile transmission, or other electronic process, or may
7 be served upon the obligor or payor using any method provided
8 by law for service of a summons. An obligor who fails to
9 comply with a notice provided under this paragraph is guilty
10 of a Class B misdemeanor. A payor who fails to comply with a
11 notice provided under this paragraph is guilty of a business
12 offense and subject to a fine of up to $1,000.
13 An order for support shall include a date on which the
14 current support obligation terminates. The termination date
15 shall be no earlier than the date on which the child covered
16 by the order will attain the age of majority or is otherwise
17 emancipated. The order for support shall state that the
18 termination date does not apply to any arrearage that may
19 remain unpaid on that date. Nothing in this paragraph shall
20 be construed to prevent the court from modifying the order.
21 Upon notification in writing or by electronic
22 transmission from the Illinois Department to the clerk of the
23 court that a person who is receiving support payments under
24 this Section is receiving services under the Child Support
25 Enforcement Program established by Title IV-D of the Social
26 Security Act, any support payments subsequently received by
27 the clerk of the court shall be transmitted in accordance
28 with the instructions of the Illinois Department until the
29 Illinois Department gives notice to the clerk of the court to
30 cease the transmittal. After providing the notification
31 authorized under this paragraph, the Illinois Department
32 shall be entitled as a party to notice of any further
33 proceedings in the case. The clerk of the court shall file a
34 copy of the Illinois Department's notification in the court
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1 file. The clerk's failure to file a copy of the
2 notification in the court file shall not, however, affect the
3 Illinois Department's right to receive notice of further
4 proceedings.
5 Payments under this Section to the Illinois Department
6 pursuant to the Child Support Enforcement Program established
7 by Title IV-D of the Social Security Act shall be paid into
8 the Child Support Enforcement Trust Fund. All other payments
9 under this Section to the Illinois Department shall be
10 deposited in the Public Assistance Recoveries Trust Fund.
11 Disbursements from these funds shall be as provided in
12 Sections 12-9 and 12-10.2 of this Code. Payments received by
13 a local governmental unit shall be deposited in that unit's
14 General Assistance Fund.
15 (Source: P.A. 88-307; 88-687, eff. 1-24-95.)
16 (305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
17 Sec. 10-11. Administrative Orders. In lieu of actions
18 for court enforcement of support under Section 10-10, the
19 Child and Spouse Support Unit of the Illinois Department, in
20 accordance with the rules of the Illinois Department, may
21 issue an administrative order requiring the responsible
22 relative to comply with the terms of the determination and
23 notice of support due, determined and issued under Sections
24 10-6 and 10-7. The Unit may also enter an administrative
25 order under subsection (b) of Section 10-7. The
26 administrative order shall be served upon the responsible
27 relative by United States registered or certified mail.
28 If a responsible relative fails to petition the Illinois
29 Department for release from or modification of the
30 administrative order, as provided in Section 10-12, the order
31 shall become final and there shall be no further
32 administrative or judicial remedy. Likewise a decision by
33 the Illinois Department as a result of an administrative
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1 hearing, as provided in Sections 10-13 to 10-13.10, shall
2 become final and enforceable if not judicially reviewed under
3 the Administrative Review Law, as provided in Section 10-14.
4 Any new or existing support order entered by the Illinois
5 Department under this Section shall be deemed to be a series
6 of judgments against the person obligated to pay support
7 thereunder, each such judgment to be in the amount of each
8 payment or installment of support and each such judgment to
9 be deemed entered as of the date the corresponding payment or
10 installment becomes due under the terms of the support order.
11 Each such judgment shall have the full force, effect and
12 attributes of any other judgment of this State, including the
13 ability to be enforced. Any such judgment is subject to
14 modification or termination only in accordance with Section
15 510 of the Illinois Marriage and Dissolution of Marriage Act.
16 A lien arises by operation of law against the real and
17 personal property of the noncustodial parent for each
18 installment of overdue support owed by the noncustodial
19 parent.
20 A one-time charge of 20% is imposable upon the amount of
21 past-due child support owed on July 1, 1988, which has
22 accrued under a support order entered by the Illinois
23 Department under this Section. The charge shall be imposed
24 in accordance with the provisions of Section 10-21 and shall
25 be enforced by the court in a suit filed under Section 10-15.
26 (Source: P.A. 85-1156.)
27 (305 ILCS 5/10-11.1) (from Ch. 23, par. 10-11.1)
28 Sec. 10-11.1. (a) Whenever it is determined in a
29 proceeding under Sections 10-6, 10-7, 10-11 or 10-17.1 that
30 the responsible relative is unemployed, and support is sought
31 on behalf of applicants for or recipients of financial aid
32 under Article IV of this Code or other persons who are given
33 access to the child and spouse support services of this
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1 Article as provided in Section 10-1, the administrative
2 enforcement unit may order the responsible relative to report
3 to the Illinois Department for participation in job search,
4 training or work programs established under Section 9-6 and
5 Article IXA of this Code or to the Illinois Department of
6 Employment Security for job search services or to make
7 application with the local Jobs Training Partnership Act
8 provider for participation in job search, training or work
9 programs.
10 (b) Whenever it is determined that a responsible
11 relative owes past-due support for a child under an
12 administrative support order entered under subsection (b) of
13 Section 10-7 or under Section 10-11 or 10-17.1 and the child
14 is receiving assistance under this Code, the administrative
15 enforcement unit shall order the following:
16 (1) that the responsible relative pay the past-due
17 support in accordance with a plan approved by the
18 administrative enforcement unit; or
19 (2) if the responsible relative owing past-due
20 support is unemployed, is subject to such a plan, and is
21 not incapacitated, that the responsible relative
22 participate in job search, training, or work programs
23 established under Section 9-6 and Article IXA of this
24 Code.
25 (Source: P.A. 85-1155.)
26 (305 ILCS 5/10-16.2) (from Ch. 23, par. 10-16.2)
27 (Text of Section before amendment by P.A. 89-507)
28 Sec. 10-16.2. Withholding of Income to Secure Payment of
29 Support.
30 (A) Definitions.
31 (1) "Order for support" means any order of the court
32 which provides for periodic payment of funds for the support
33 of a child or maintenance of a spouse, whether temporary or
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1 final, and includes any such order which provides for:
2 (a) Modification or resumption of, or payment of
3 arrearage accrued under, a previously existing order;
4 (b) Reimbursement of support; or
5 (c) Enrollment in a health insurance plan that is
6 available to the obligor through an employer or labor
7 union or trade union.
8 (2) "Arrearage" means the total amount of unpaid support
9 obligations.
10 (3) "Delinquency" means any payment under an order for
11 support which becomes due and remains unpaid after an order
12 for withholding has been entered under subsection (B) or, for
13 purposes of subsection (K), after the last order for support
14 was entered for which no order for withholding was entered.
15 (4) "Income" means any form of periodic payment to an
16 individual, regardless of source, including, but not limited
17 to: wages, salary, commission, compensation as an independent
18 contractor, workers' compensation, disability, annuity and
19 retirement benefits, lottery prize awards, insurance
20 proceeds, vacation pay, bonuses, profit-sharing payments and
21 any other payments, made by any person, private entity,
22 federal or state government, any unit of local government,
23 school district or any entity created by Public Act; however,
24 "income" excludes:
25 (a) Any amounts required by law to be withheld,
26 other than creditor claims, including, but not limited
27 to, federal, State and local taxes, Social Security and
28 other retirement and disability contributions;
29 (b) Union dues;
30 (c) Any amounts exempted by the federal Consumer
31 Credit Protection Act;
32 (d) Public assistance payments; and
33 (e) Unemployment insurance benefits except as
34 provided by law.
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1 Any other State or local laws which limit or exempt
2 income or the amount or percentage of income that can be
3 withheld shall not apply.
4 (5) "Obligor" means the individual who owes a duty to
5 make payments under an order for support.
6 (6) "Obligee" means the individual to whom a duty of
7 support is owed or the individual's legal representative.
8 (7) "Payor" means any payor of income to an obligor.
9 (8) "Public office" means any elected official or any
10 State or local agency which is or may become responsible by
11 law for enforcement of, or which is or may become authorized
12 to enforce, an order for support, including, but not limited
13 to: the Attorney General, the Illinois Department of Public
14 Aid, the Illinois Department of Mental Health and
15 Developmental Disabilities, 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 (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 an Order for Withholding.
25 (1) Upon entry of any order for support on or after
26 January 1, 1984, the court shall enter a separate order for
27 withholding which shall not take effect unless the obligor
28 becomes delinquent in paying the order for support or the
29 obligor requests an earlier effective date; except that the
30 court may require the order for withholding to take effect
31 immediately.
32 On or after January 1, 1989, the court shall require the
33 order for withholding to take effect immediately, unless a
34 written agreement is reached between and signed by both
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1 parties providing for an alternative arrangement, approved
2 and entered into the record by the court, which insures
3 payment of support. In that case, the court shall enter the
4 order for withholding which will not take effect unless the
5 obligor becomes delinquent in paying the order for support.
6 Upon entry of any order of support on or after September
7 11, 1989, if the obligor is not a United States citizen, the
8 obligor shall provide to the court the obligor's alien
9 registration number, passport number, and home country's
10 social security or national health number, if applicable; the
11 court shall make the information part of the record in the
12 case.
13 (2) An order for withholding shall be entered upon
14 petition by the obligee or public office where an order for
15 withholding has not been previously entered.
16 (3) The order for withholding shall:
17 (a) Direct any payor to withhold a dollar amount
18 equal to the order for support; and
19 (b) Direct any payor to withhold an additional
20 dollar amount, not less than 20% of the order for
21 support, until payment in full of any delinquency stated
22 in the notice of delinquency provided for in subsection
23 (C) or (F) of this Section; and
24 (c) Direct any payor or labor union or trade union
25 to enroll a child as a beneficiary of a health insurance
26 plan and withhold or cause to be withheld, if
27 applicable, any required premium; and
28 (d) State the rights, remedies and duties of the
29 obligor under this Section; and
30 (e) Include the obligor's Social Security Number,
31 which the obligor shall disclose to the court; and
32 (f) Include the date that withholding for current
33 support terminates, which shall be the date of
34 termination of the current support obligation set forth
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1 in the order for support.
2 (4) At the time the order for withholding is entered,
3 the Clerk of the Circuit Court shall provide a copy of the
4 order for withholding and the order for support to the
5 obligor and shall make copies available to the obligee and
6 public office. Any copy of the order for withholding
7 furnished to the parties under this subsection shall be
8 stamped "Not Valid".
9 (5) The order for withholding shall remain in effect for
10 as long as the order for support upon which it is based.
11 (6) The failure of an order for withholding to state an
12 arrearage is not conclusive of the issue of whether an
13 arrearage is owing.
14 (7) Notwithstanding the provisions of this subsection,
15 if the court finds at the time of any hearing that an
16 arrearage has accrued in an amount equal to at least one
17 month's support obligation or that the obligor is 30 days
18 late in paying all or part of the order for support, the
19 court shall order immediate service of the order for
20 withholding upon the payor.
21 (8) Where the court has not required that the order for
22 withholding take effect immediately, the obligee or public
23 office may prepare and serve a notice for immediate
24 withholding upon the obligor by ordinary mail addressed to
25 the obligor at his or her last known address. The notice
26 shall state that the following circumstances have occurred:
27 (a) The parties' written agreement providing an
28 alternative arrangement to immediate withholding under
29 paragraph (1) of this subsection no longer provides for
30 timely payment of all support due; or
31 (b) The obligor has not made timely payments in
32 that the obligor has been at least 7 days late in paying
33 all or part of the order for support any of the last 6
34 consecutive dates payments were due prior to the date of
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1 the notice for immediate withholding.
2 The notice for immediate withholding shall clearly state
3 that a specially certified copy of the order for withholding
4 will be sent to the payor, unless the obligor files a
5 petition contesting immediate withholding within 20 days
6 after service of the notice; however, the grounds for the
7 petition shall be limited to a dispute concerning whether the
8 circumstances stated in the notice have occurred or the
9 identity of the obligor. It shall not be grounds for the
10 petition that the obligor has made all payments due by the
11 date of the petition.
12 If the obligor files a petition contesting immediate
13 withholding within the 20-day period required under this
14 paragraph, the Clerk of the Circuit Court shall notify the
15 obligor and the obligee or public office, as appropriate, of
16 the time and place of the hearing on the petition. Upon
17 hearing the petition, the court shall enter an order granting
18 or denying relief. It shall not be grounds for granting the
19 obligor's petition that he or she has made all payments due
20 by the date of hearing. If the court denies the obligor's
21 petition, it shall order immediate service of the order for
22 withholding and direct the clerk to provide a specially
23 certified copy of the order for withholding to the obligee or
24 public office indicating that the requirements for immediate
25 withholding under this paragraph have been met.
26 If the obligor does not file a petition contesting
27 immediate withholding within the 20-day period, the obligee
28 or public office shall file with the Clerk of the Circuit
29 Court an affidavit, with a copy of the notice for immediate
30 withholding attached thereto, stating that the notice was
31 duly served and the date on which service was effected, and
32 that the obligor has not filed a petition contesting
33 immediate withholding. The clerk shall then provide to the
34 obligee or public office a specially certified copy of the
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1 order for withholding indicating that the requirements for
2 immediate withholding under this paragraph have been met.
3 Upon receipt of a specially certified copy of the order
4 for withholding, the obligee or public office may serve the
5 order on the payor, its superintendent, manager or other
6 agent, by certified mail or personal delivery. A proof of
7 service shall be filed with the Clerk of the Circuit Court.
8 (C) Notice of Delinquency.
9 (1) Whenever an obligor becomes delinquent in payment of
10 an amount equal to at least one month's support obligation
11 pursuant to the order for support or is at least 30 days late
12 in complying with all or part of the order for support,
13 whichever occurs first, the obligee or public office may
14 prepare and serve a verified notice of delinquency, together
15 with a form petition to stay service, pursuant to paragraph
16 (3) of this subsection.
17 (2) The notice of delinquency shall recite the terms of
18 the order for support and contain a computation of the period
19 and total amount of the delinquency, as of the date of the
20 notice. The notice shall clearly state that it will be sent
21 to the payor, together with a specially certified copy of the
22 order for withholding, except as provided in subsection (F),
23 unless the obligor files a petition to stay service in
24 accordance with paragraph (1) of subsection (D).
25 (3) The notice of delinquency shall be served by
26 ordinary mail addressed to the obligor at his or her last
27 known address.
28 (4) The obligor may execute a written waiver of the
29 provisions of paragraphs (1) through (3) of this subsection
30 and request immediate service upon the payor.
31 (D) Procedures to Avoid Income Withholding.
32 (1) Except as provided in subsection (F), the obligor
33 may prevent an order for withholding from being served by
34 filing a petition to stay service with the Clerk of the
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1 Circuit Court, within 20 days after service of the notice of
2 delinquency; however, the grounds for the petition to stay
3 service shall be limited to:
4 (a) A dispute concerning the amount of current
5 support or the existence or amount of the delinquency;
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, as appropriate, of the time
9 and place of the hearing on the petition to stay service. The
10 court shall hold such hearing pursuant to the provisions of
11 subsection (H).
12 (2) Except as provided in subsection (F), filing of a
13 petition to stay service, within the 20-day period required
14 under this subsection, shall prohibit the obligee or public
15 office from serving the order for withholding on any payor of
16 the obligor.
17 (E) Initial Service of Order for Withholding.
18 (1) Except as provided in subsection (F), in order to
19 serve an order for withholding upon a payor, an obligee or
20 public office shall follow the procedures set forth in this
21 subsection. After 20 days following service of the notice of
22 delinquency, the obligee or public office shall file with the
23 Clerk of the Circuit Court an affidavit, with the copy of the
24 notice of delinquency attached thereto, stating:
25 (a) that the notice of delinquency has been duly
26 served and the date on which service was effected; and
27 (b) that the obligor has not filed a petition to
28 stay service, or in the alternative
29 (c) that the obligor has waived the provisions of
30 subparagraphs (a) and (b) of this paragraph (1) in
31 accordance with subsection (C)(4).
32 (2) Upon request of the obligee or public office, the
33 Clerk of the Circuit Court shall: (a) make available any
34 record of payment; and (b) determine that the file contains a
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1 copy of the affidavit described in paragraph (1). The Clerk
2 shall then provide to the obligee or public office a
3 specially certified copy of the order for withholding and the
4 notice of delinquency indicating that the preconditions for
5 service have been met.
6 (3) The obligee or public office may then serve the
7 notice of delinquency and order for withholding on the payor,
8 its superintendent, manager or other agent, by certified mail
9 or personal delivery. A proof of service shall be filed with
10 the Clerk of the Circuit Court.
11 (F) Subsequent Service of Order for Withholding.
12 (1) Notwithstanding the provisions of this Section, at
13 any time after the court has ordered immediate service of an
14 order for withholding or after initial service of an order
15 for withholding pursuant to subsection (E), the obligee or
16 public office may serve the order for withholding upon any
17 payor of the obligor without further notice to the obligor.
18 The obligee or public office shall provide notice to the
19 payor, pursuant to paragraph (6) of subsection (I), of any
20 payments that have been made through previous withholding or
21 any other method.
22 (2) The Clerk of the Circuit Court shall, upon request,
23 provide the obligee or public office with specially certified
24 copies of the order for withholding or the notice of
25 delinquency or both whenever the Court has ordered immediate
26 service of an order for withholding or an affidavit has been
27 placed in the court file indicating that the preconditions
28 for service have been previously met or that the requirements
29 for immediate withholding under paragraph (8) of subsection B
30 have been previously met. The obligee or public office may
31 then serve the order for withholding on the payor, its
32 superintendent, manager or other agent by certified mail or
33 personal delivery. A proof of service shall be filed with
34 the Clerk of the Circuit Court.
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1 (3) If a delinquency has accrued for any reason, the
2 obligee or public office may serve a notice of delinquency
3 upon the obligor pursuant to subsection (C). The obligor may
4 prevent the notice of delinquency from being served upon the
5 payor by utilizing the procedures set forth in subsection
6 (D). If no petition to stay service has been filed within the
7 required 20 day time period, the obligee or public office may
8 serve the notice of delinquency on the payor by utilizing the
9 procedures for service set forth in subsection (E).
10 (G) Duties of Payor.
11 (1) It shall be the duty of any payor who has been
12 served with a copy of the specially certified order for
13 withholding and any notice of delinquency to deduct and pay
14 over income as provided in this subsection. The payor shall
15 deduct the amount designated in the order for withholding, as
16 supplemented by the notice of delinquency and any notice
17 provided pursuant to paragraph (6) of subsection (I),
18 beginning no later than the next payment of income which is
19 payable to the obligor that occurs 14 days following the date
20 the order and any notice were mailed by certified mail or
21 placed for personal delivery. The payor may combine all
22 amounts withheld for the benefit of an obligee or public
23 office into a single payment and transmit the payment with a
24 listing of obligors from whom withholding has been effected.
25 The payor shall pay the amount withheld to the obligee or
26 public office within 10 calendar days of the date income is
27 paid to the obligor in accordance with the order for
28 withholding and any subsequent notification received from the
29 public office redirecting payments. If the payor knowingly
30 fails to pay any amount withheld to the obligee or public
31 office within 10 calendar days of the date income is paid to
32 the obligor, the payor shall pay a penalty of $100 for each
33 day that the withheld amount is not paid to the obligee or
34 public office after the period of 10 calendar days has
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1 expired. The failure of a payor, on more than one occasion,
2 to pay amounts withheld to the obligee or public office
3 within 10 calendar days of the date income is not paid to the
4 obligor creates a presumption that the payor knowingly failed
5 to pay the amounts. This penalty may be collected in a civil
6 action which may be brought against the payor in favor of the
7 obligee. For purposes of this Section, a withheld amount
8 shall be considered paid by a payor on the date it is mailed
9 by the payor, or on the date an electronic funds transfer of
10 the amount has been initiated by the payor, or on the date
11 delivery of the amount has been initiated by the payor. For
12 each deduction, the payor shall provide the obligee or public
13 office, at the time of transmittal, with the date income was
14 paid from which support was withheld.
15 Upon receipt of an order requiring that a minor child be
16 named as a beneficiary of a health insurance plan available
17 through an employer or labor union or trade union, the
18 employer or labor union or trade union shall immediately
19 enroll the minor child as a beneficiary in the health
20 insurance plan designated by the court order. The employer
21 shall withhold any required premiums and pay over any amounts
22 so withheld and any additional amounts the employer pays to
23 the insurance carrier in a timely manner. The employer or
24 labor union or trade union shall mail to the obligee, within
25 15 days of enrollment or upon request, notice of the date of
26 coverage, information on the dependent coverage plan, and all
27 forms necessary to obtain reimbursement for covered health
28 expenses, such as would be made available to a new employee.
29 When an order for dependent coverage is in effect and the
30 insurance coverage is terminated or changed for any reason,
31 the employer or labor union or trade union shall notify the
32 obligee within 10 days of the termination or change date
33 along with notice of conversion privileges.
34 For withholding of income, the payor shall be entitled to
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1 receive a fee not to exceed $5 per month to be taken from the
2 income to be paid to the obligor.
3 (2) Whenever the obligor is no longer receiving income
4 from the payor, the payor shall return a copy of the order
5 for withholding to the obligee or public office and shall
6 provide information for the purpose of enforcing this
7 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 order for withholding pertaining to
15 the same obligor, the payor shall allocate income available
16 for withholding on a proportionate share basis, giving
17 priority to current support payments. If there is any income
18 available for withholding after withholding for all current
19 support obligations, the payor shall allocate the income to
20 past due support payments ordered in non-AFDC matters and
21 then to past due support payments ordered in AFDC matters,
22 both on a proportionate share basis. Payment as required by
23 the order for withholding shall be a complete defense by the
24 payor against any claims of the obligor or his creditors as
25 to the sum so paid.
26 (4) No payor shall discharge, discipline, refuse to hire
27 or otherwise penalize any obligor because of the duty to
28 withhold income.
29 (H) Petitions to Stay Service or to Modify, Suspend or
30 Terminate Orders for Withholding.
31 (1) When an obligor files a petition to stay service,
32 the court, after due notice to all parties, shall hear the
33 matter as soon as practicable and shall enter an order
34 granting or denying relief, amending the notice of
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1 delinquency, amending the order for withholding, where
2 applicable, or otherwise resolving the matter. If the court
3 finds that a delinquency existed when the notice of
4 delinquency was served upon the obligor, in an amount of at
5 least one month's support obligation, or that the obligor was
6 at least 30 days late in paying all or part of the order for
7 support, the court shall order immediate service of the order
8 for withholding. Where the court cannot promptly resolve any
9 dispute over the amount of the delinquency, the court may
10 order immediate service of the order for withholding as to
11 any undisputed amounts specified in an amended notice of
12 delinquency, and may continue the hearing on the disputed
13 amounts.
14 (2) At any time, an obligor, obligee, public office or
15 Clerk of the Circuit Court may petition the court to:
16 (a) Modify, suspend or terminate the order for
17 withholding because of a modification, suspension or
18 termination of the underlying order for support; or
19 (b) Modify the amount of income to be withheld to
20 reflect payment in full or in part of the delinquency or
21 arrearage by income withholding or otherwise; or
22 (c) Suspend the order for withholding because of
23 inability to deliver income withheld to the obligee due
24 to the obligee's failure to provide a mailing address or
25 other means of delivery.
26 (3) The obligor, obligee or public office shall serve on
27 the payor, by certified mail or personal delivery, a copy of
28 any order entered pursuant to this subsection that affects
29 the duties of the payor.
30 (4) At any time, a public office or Clerk of the Circuit
31 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 (5) The notice provided for under paragraph (4) of this
6 subsection shall be served on the payor by ordinary mail, and
7 a copy shall be provided to the obligor and the obligee. A
8 copy of the notice shall be filed with the Clerk of the
9 Circuit Court.
10 (6) The order for withholding shall continue to be
11 binding upon the payor until service of any order of the
12 court or notice entered or provided for under this
13 subsection.
14 (I) Additional Duties.
15 (1) An obligee who is receiving income withholding
16 payments under this Section shall notify the payor, if the
17 obligee receives the payments directly from the payor, or the
18 public office or the Clerk of the Circuit Court, as
19 appropriate, of any change of address within 7 days of such
20 change.
21 (2) An obligee who is a recipient of public aid shall
22 send a copy of any notice of delinquency filed pursuant to
23 subsection (C) to the Bureau of Child Support of the Illinois
24 Department of Public Aid.
25 (3) Each obligor shall notify the obligee and the Clerk
26 of the Circuit Court of any change of address within 7 days.
27 (4) An obligor whose income is being withheld or who has
28 been served with a notice of delinquency pursuant to this
29 Section shall notify the obligee and the Clerk of the Circuit
30 Court of any new payor, within 7 days.
31 (5) When the Illinois Department of Public Aid is no
32 longer authorized to receive payments for the obligee, it
33 shall, within 7 days, notify the payor or, where appropriate,
34 the Clerk of the Circuit Court, to redirect income
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1 withholding payments to the obligee.
2 (6) The obligee or public office shall provide notice to
3 the payor and Clerk of the Circuit Court of any other support
4 payment made, including but not limited to, a set-off under
5 federal and State law or partial payment of the delinquency
6 or arrearage, or both.
7 (7) Any public office and Clerk of the Circuit Court
8 which collects, disburses or receives payments pursuant to
9 orders for withholding shall maintain complete, accurate, and
10 clear records of all payments and their disbursements.
11 Certified copies of payment records maintained by a public
12 office or Clerk of the Circuit Court shall, without further
13 proof, be admitted into evidence in any legal proceedings
14 under this Section.
15 (8) The Illinois Department of Public Aid shall design
16 suggested legal forms for proceeding under this Section and
17 shall make available to the courts such forms and
18 informational materials which describe the procedures and
19 remedies set forth herein for distribution to all parties in
20 support actions.
21 (9) At the time of transmitting each support payment,
22 the clerk of the circuit court shall provide the obligee or
23 public office, as appropriate, with any information furnished
24 by the payor as to the date income was paid from which such
25 support was withheld.
26 (J) Penalties.
27 (1) Where a payor wilfully fails to withhold or pay over
28 income pursuant to a properly served, specially certified
29 order for withholding and any notice of delinquency, or
30 wilfully discharges, disciplines, refuses to hire or
31 otherwise penalizes an obligor as prohibited by subsection
32 (G), or otherwise fails to comply with any duties imposed by
33 this Section, the obligee, public office or obligor, as
34 appropriate, may file a complaint with the court against the
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1 payor. The clerk of the circuit court shall notify the
2 obligee or public office, as appropriate, and the obligor and
3 payor of the time and place of the hearing on the complaint.
4 The court shall resolve any factual dispute including, but
5 not limited to, a denial that the payor is paying or has paid
6 income to the obligor. Upon a finding in favor of the
7 complaining party, the court:
8 (a) Shall enter judgment and direct 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 (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 (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.
3 (Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
4 88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
5 (Text of Section after amendment by P.A. 89-507)
6 Sec. 10-16.2. Withholding of Income to Secure Payment of
7 Support.
8 (A) Definitions.
9 (1) "Order for support" means any order of the court
10 which provides for periodic payment of funds for the support
11 of a child or maintenance of a spouse, whether temporary or
12 final, and includes any such order which provides for:
13 (a) Modification or resumption of, or payment of
14 arrearage accrued under, a previously existing order;
15 (b) Reimbursement of support; or
16 (c) Enrollment in a health insurance plan that is
17 available to the obligor through an employer or labor
18 union or trade union.
19 (2) "Arrearage" means the total amount of unpaid support
20 obligations as determined by the court and incorporated into
21 an order for support.
22 (3) "Delinquency" means any payment under an order for
23 support which becomes due and remains unpaid after entry of
24 the an order for support withholding has been entered under
25 subsection (B) or, for purposes of subsection (K), after the
26 last order for support was entered for which no order for
27 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,
32 pension, and retirement benefits, lottery prize awards,
33 insurance proceeds, vacation pay, bonuses, profit-sharing
34 payments, interest, and any other payments, made by any
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1 person, private entity, federal or state government, any unit
2 of local government, school district or any entity created by
3 Public Act; however, "income" excludes:
4 (a) Any amounts required by law to be withheld,
5 other than creditor claims, including, but not limited
6 to, federal, State and local taxes, Social Security and
7 other retirement and disability contributions;
8 (b) Union dues;
9 (c) Any amounts exempted by the federal Consumer
10 Credit Protection Act;
11 (d) Public assistance payments; and
12 (e) Unemployment insurance benefits except as
13 provided by law.
14 Any other State or local laws which limit or exempt
15 income or the amount or percentage of income that can be
16 withheld shall not apply.
17 (5) "Obligor" means the individual who owes a duty to
18 make payments under an order for support.
19 (6) "Obligee" means the individual to whom a duty of
20 support is owed or the individual's legal representative.
21 (7) "Payor" means any payor of income to an obligor.
22 (8) "Public office" means any elected official or any
23 State or local agency which is or may become responsible by
24 law for enforcement of, or which is or may become authorized
25 to enforce, an order for support, including, but not limited
26 to: the Attorney General, the Illinois Department of Public
27 Aid, the Illinois Department of Human Services (as successor
28 to the Department of Mental Health and Developmental
29 Disabilities), the Illinois Department of Children and Family
30 Services, and the various State's Attorneys, Clerks of the
31 Circuit Court and supervisors of general assistance.
32 (9) "Premium" means the dollar amount for which the
33 obligor is liable to his employer or labor union or trade
34 union and which must be paid to enroll or maintain a child in
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1 a health insurance plan that is available to the obligor
2 through an employer or labor union or trade union.
3 (B) Entry of Order for Support Containing Income Withholding
4 Provisions; Income Withholding Notice.
5 (1) In addition to any content required under other
6 laws, every order for support entered on or after July 1,
7 1997, shall:
8 (a) Require an income withholding notice to be
9 prepared and served immediately upon any payor of the
10 obligor by the obligee or public office, unless a written
11 agreement is reached between and signed by both parties
12 providing for an alternative arrangement, approved and
13 entered into the record by the court, which ensures
14 payment of support. In that case, the order for support
15 shall provide that an income withholding notice is to be
16 prepared and served only if the obligor becomes
17 delinquent in paying the order for support; and
18 (b) Contain a dollar amount to be paid until
19 payment in full of any delinquency that accrues after
20 entry of the order for support. The amount for payment
21 of delinquency shall not be less than 20% of the total of
22 the current support amount and the amount to be paid
23 periodically for payment of any arrearage stated in the
24 order for support; and
25 (c) Include the obligor's Social Security Number,
26 which the obligor shall disclose to the court. If the
27 obligor is not a United States citizen, the obligor shall
28 disclose to the court, and the court shall include in the
29 order for support, the obligor's alien registration
30 number, passport number, and home country's social
31 security or national health number, if applicable.
32 (2) At the time the order for support is entered, the
33 Clerk of the Circuit Court shall provide a copy of the order
34 to the obligor and shall make copies available to the obligee
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1 and public office.
2 (3) The income withholding notice shall:
3 (a) Be in the standard format prescribed by the
4 federal Department of Health and Human Services; and
5 (b) Direct any payor to withhold the dollar amount
6 required for current support under the order for support;
7 and
8 (c) Direct any payor to withhold the dollar amount
9 required to be paid periodically under the order for
10 support for payment of the amount of any arrearage stated
11 in the order for support; and
12 (d) Direct any payor or labor union or trade union
13 to enroll a child as a beneficiary of a health insurance
14 plan and withhold or cause to be withheld, if applicable,
15 any required premiums; and
16 (e) State the amount of the payor income
17 withholding fee specified under this Section; and
18 (f) State that the amount actually withheld from
19 the obligor's income for support and other purposes,
20 including the payor withholding fee specified under this
21 Section, may not be in excess of the maximum amount
22 permitted under the federal Consumer Credit Protection
23 Act; and
24 (g) State the duties of the payor and the fines and
25 penalties for failure to withhold and pay over income and
26 for discharging, disciplining, refusing to hire, or
27 otherwise penalizing the obligor because of the duty to
28 withhold and pay over income under this Section; and
29 (h) State the rights, remedies, and duties of the
30 obligor under this Section; and
31 (i) Include the obligor's Social Security Number;
32 and
33 (j) Include the date that withholding for current
34 support terminates, which shall be the date of
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1 termination of the current support obligation set forth
2 in the order for support.
3 (4) The accrual of a delinquency as a condition for
4 service of an income withholding notice, under the exception
5 to immediate withholding in paragraph (1) of this subsection,
6 shall apply only to the initial service of an income
7 withholding notice on a payor of the obligor.
8 (5) Notwithstanding the exception to immediate
9 withholding contained in paragraph (1) of this subsection, if
10 the court finds at the time of any hearing that an arrearage
11 has accrued, the court shall order immediate service of an
12 income withholding notice upon the payor.
13 (6) If the order for support, under the exception to
14 immediate withholding contained in paragraph (1) of this
15 subsection, provides that an income withholding notice is to
16 be prepared and served only if the obligor becomes delinquent
17 in paying the order for support, the obligor may execute a
18 written waiver of that condition and request immediate
19 service on the payor.
20 (7) The obligee or public office may serve the income
21 withholding notice on the payor or its superintendent,
22 manager, or other agent by ordinary mail or certified mail
23 return receipt requested, by facsimile transmission or other
24 electronic means, by personal delivery, or by any method
25 provided by law for service of a summons. At the time of
26 service on the payor and as notice that withholding has
27 commenced, the obligee or public office shall serve a copy of
28 the income withholding notice on the obligor by ordinary mail
29 addressed to his or her last known address. Proofs of
30 service on the payor and the obligor shall be filed with the
31 Clerk of the Circuit Court.
32 (8) At any time after the initial service of an income
33 withholding notice under this Section, any other payor of the
34 obligor may be served with the same income withholding notice
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1 without further notice to the obligor.
2 (C) Income Withholding After Accrual of Delinquency.
3 (1) Whenever an obligor accrues a delinquency, the
4 obligee or public office may prepare and serve upon the
5 obligor's payor an income withholding notice that:
6 (a) Contains the information required under
7 paragraph (3) of subsection (B); and
8 (b) Contains a computation of the period and total
9 amount of the delinquency as of the date of the notice;
10 and
11 (c) Directs the payor to withhold the dollar amount
12 required to be withheld periodically under the order for
13 support for payment of the delinquency.
14 (2) The income withholding notice and the obligor's copy
15 of the income withholding notice shall be served as provided
16 in paragraph (7) of subsection (B).
17 (3) The obligor may contest withholding commenced under
18 this subsection by filing a petition to contest withholding
19 with the Clerk of the Circuit Court within 20 days after
20 service of a copy of the income withholding notice on the
21 obligor. However, the grounds for the petition to contest
22 withholding shall be limited to:
23 (a) A dispute concerning the existence or amount of
24 the delinquency; or
25 (b) The identity of the obligor.
26 The Clerk of the Circuit Court shall notify the obligor
27 and the obligee or public office of the time and place of the
28 hearing on the petition to contest withholding. The court
29 shall hold the hearing pursuant to the provisions of
30 subsection (F).
31 (D) Initiated Withholding.
32 (1) Notwithstanding any other provision of this Section,
33 if the court has not required that income withholding take
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1 effect immediately, the obligee or public office may initiate
2 withholding, regardless of whether a delinquency has accrued,
3 by preparing and serving an income withholding notice on the
4 payor that contains the information required under paragraph
5 (3) of subsection (B) and states that the parties' written
6 agreement providing an alternative arrangement to immediate
7 withholding under paragraph (1) of subsection (B) no longer
8 ensures payment of support and the reason or reasons why it
9 does not.
10 (2) The income withholding notice and the obligor's copy
11 of the income withholding notice shall be served as provided
12 in paragraph (7) of subsection (B).
13 (3) The obligor may contest withholding commenced under
14 this subsection by filing a petition to contest withholding
15 with the Clerk of the Circuit Court within 20 days after
16 service of a copy of the income withholding notice on the
17 obligor. However, the grounds for the petition shall be
18 limited to a dispute concerning:
19 (a) whether the parties' written agreement providing
20 an alternative arrangement to immediate withholding under
21 paragraph (1) of subsection (B) continues to ensure
22 payment of support; or
23 (b) the identity of the obligor.
24 It shall not be grounds for filing a petition that the
25 obligor has made all payments due by the date of the
26 petition.
27 (4) If the obligor files a petition contesting
28 withholding within the 20-day period required under paragraph
29 (3), 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. The court shall
32 hold the hearing pursuant to the provisions of subsection
33 (F).
34 (B) Entry of an Order for Withholding.
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1 (1) Upon entry of any order for support on or after
2 January 1, 1984, the court shall enter a separate order for
3 withholding which shall not take effect unless the obligor
4 becomes delinquent in paying the order for support or the
5 obligor requests an earlier effective date; except that the
6 court may require the order for withholding to take effect
7 immediately.
8 On or after January 1, 1989, the court shall require the
9 order for withholding to take effect immediately, unless a
10 written agreement is reached between and signed by both
11 parties providing for an alternative arrangement, approved
12 and entered into the record by the court, which insures
13 payment of support. In that case, the court shall enter the
14 order for withholding which will not take effect unless the
15 obligor becomes delinquent in paying the order for support.
16 Upon entry of any order of support on or after September
17 11, 1989, if the obligor is not a United States citizen, the
18 obligor shall provide to the court the obligor's alien
19 registration number, passport number, and home country's
20 social security or national health number, if applicable; the
21 court shall make the information part of the record in the
22 case.
23 (2) An order for withholding shall be entered upon
24 petition by the obligee or public office where an order for
25 withholding has not been previously entered.
26 (3) The order for withholding shall:
27 (a) Direct any payor to withhold a dollar amount
28 equal to the order for support; and
29 (b) Direct any payor to withhold an additional
30 dollar amount, not less than 20% of the order for
31 support, until payment in full of any delinquency stated
32 in the notice of delinquency provided for in subsection
33 (C) or (F) of this Section; and
34 (c) Direct any payor or labor union or trade union
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1 to enroll a child as a beneficiary of a health insurance
2 plan and withhold or cause to be withheld, if
3 applicable, any required premium; and
4 (d) State the rights, remedies and duties of the
5 obligor under this Section; and
6 (e) Include the obligor's Social Security Number,
7 which the obligor shall disclose to the court; and
8 (f) Include the date that withholding for current
9 support terminates, which shall be the date of
10 termination of the current support obligation set forth
11 in the order for support.
12 (4) At the time the order for withholding is entered,
13 the Clerk of the Circuit Court shall provide a copy of the
14 order for withholding and the order for support to the
15 obligor and shall make copies available to the obligee and
16 public office. Any copy of the order for withholding
17 furnished to the parties under this subsection shall be
18 stamped "Not Valid".
19 (5) The order for withholding shall remain in effect for
20 as long as the order for support upon which it is based.
21 (6) The failure of an order for withholding to state an
22 arrearage is not conclusive of the issue of whether an
23 arrearage is owing.
24 (7) Notwithstanding the provisions of this subsection,
25 if the court finds at the time of any hearing that an
26 arrearage has accrued in an amount equal to at least one
27 month's support obligation or that the obligor is 30 days
28 late in paying all or part of the order for support, the
29 court shall order immediate service of the order for
30 withholding upon the payor.
31 (8) Where the court has not required that the order for
32 withholding take effect immediately, the obligee or public
33 office may prepare and serve a notice for immediate
34 withholding upon the obligor by ordinary mail addressed to
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1 the obligor at his or her last known address. The notice
2 shall state that the following circumstances have occurred:
3 (a) The parties' written agreement providing an
4 alternative arrangement to immediate withholding under
5 paragraph (1) of this subsection no longer provides for
6 timely payment of all support due; or
7 (b) The obligor has not made timely payments in
8 that the obligor has been at least 7 days late in paying
9 all or part of the order for support any of the last 6
10 consecutive dates payments were due prior to the date of
11 the notice for immediate withholding.
12 The notice for immediate withholding shall clearly state
13 that a specially certified copy of the order for withholding
14 will be sent to the payor, unless the obligor files a
15 petition contesting immediate withholding within 20 days
16 after service of the notice; however, the grounds for the
17 petition shall be limited to a dispute concerning whether the
18 circumstances stated in the notice have occurred or the
19 identity of the obligor. It shall not be grounds for the
20 petition that the obligor has made all payments due by the
21 date of the petition.
22 If the obligor files a petition contesting immediate
23 withholding within the 20-day period required under this
24 paragraph, the Clerk of the Circuit Court shall notify the
25 obligor and the obligee or public office, as appropriate, of
26 the time and place of the hearing on the petition. Upon
27 hearing the petition, the court shall enter an order granting
28 or denying relief. It shall not be grounds for granting the
29 obligor's petition that he or she has made all payments due
30 by the date of hearing. If the court denies the obligor's
31 petition, it shall order immediate service of the order for
32 withholding and direct the clerk to provide a specially
33 certified copy of the order for withholding to the obligee or
34 public office indicating that the requirements for immediate
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1 withholding under this paragraph have been met.
2 If the obligor does not file a petition contesting
3 immediate withholding within the 20-day period, the obligee
4 or public office shall file with the Clerk of the Circuit
5 Court an affidavit, with a copy of the notice for immediate
6 withholding attached thereto, stating that the notice was
7 duly served and the date on which service was effected, and
8 that the obligor has not filed a petition contesting
9 immediate withholding. The clerk shall then provide to the
10 obligee or public office a specially certified copy of the
11 order for withholding indicating that the requirements for
12 immediate withholding under this paragraph have been met.
13 Upon receipt of a specially certified copy of the order
14 for withholding, the obligee or public office may serve the
15 order on the payor, its superintendent, manager or other
16 agent, by certified mail or personal delivery. A proof of
17 service shall be filed with the Clerk of the Circuit Court.
18 (C) Notice of Delinquency.
19 (1) Whenever an obligor becomes delinquent in payment of
20 an amount equal to at least one month's support obligation
21 pursuant to the order for support or is at least 30 days late
22 in complying with all or part of the order for support,
23 whichever occurs first, the obligee or public office may
24 prepare and serve a verified notice of delinquency, together
25 with a form petition to stay service, pursuant to paragraph
26 (3) of this subsection.
27 (2) The notice of delinquency shall recite the terms of
28 the order for support and contain a computation of the period
29 and total amount of the delinquency, as of the date of the
30 notice. The notice shall clearly state that it will be sent
31 to the payor, together with a specially certified copy of the
32 order for withholding, except as provided in subsection (F),
33 unless the obligor files a petition to stay service in
34 accordance with paragraph (1) of subsection (D).
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1 (3) The notice of delinquency shall be served by
2 ordinary mail addressed to the obligor at his or her last
3 known address.
4 (4) The obligor may execute a written waiver of the
5 provisions of paragraphs (1) through (3) of this subsection
6 and request immediate service upon the payor.
7 (D) Procedures to Avoid Income Withholding.
8 (1) Except as provided in subsection (F), the obligor
9 may prevent an order for withholding from being served by
10 filing a petition to stay service with the Clerk of the
11 Circuit Court, within 20 days after service of the notice of
12 delinquency; however, the grounds for the petition to stay
13 service shall be limited to:
14 (a) A dispute concerning the amount of current
15 support or the existence or amount of the delinquency;
16 (b) The identity of the obligor.
17 The Clerk of the Circuit Court shall notify the obligor
18 and the obligee or public office, as appropriate, of the time
19 and place of the hearing on the petition to stay service. The
20 court shall hold such hearing pursuant to the provisions of
21 subsection (H).
22 (2) Except as provided in subsection (F), filing of a
23 petition to stay service, within the 20-day period required
24 under this subsection, shall prohibit the obligee or public
25 office from serving the order for withholding on any payor of
26 the obligor.
27 (E) Initial Service of Order for Withholding.
28 (1) Except as provided in subsection (F), in order to
29 serve an order for withholding upon a payor, an obligee or
30 public office shall follow the procedures set forth in this
31 subsection. After 20 days following service of the notice of
32 delinquency, the obligee or public office shall file with the
33 Clerk of the Circuit Court an affidavit, with the copy of the
34 notice of delinquency attached thereto, stating:
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1 (a) that the notice of delinquency has been duly
2 served and the date on which service was effected; and
3 (b) that the obligor has not filed a petition to
4 stay service, or in the alternative
5 (c) that the obligor has waived the provisions of
6 subparagraphs (a) and (b) of this paragraph (1) in
7 accordance with subsection (C)(4).
8 (2) Upon request of the obligee or public office, the
9 Clerk of the Circuit Court shall: (a) make available any
10 record of payment; and (b) determine that the file contains a
11 copy of the affidavit described in paragraph (1). The Clerk
12 shall then provide to the obligee or public office a
13 specially certified copy of the order for withholding and the
14 notice of delinquency indicating that the preconditions for
15 service have been met.
16 (3) The obligee or public office may then serve the
17 notice of delinquency and order for withholding on the payor,
18 its superintendent, manager or other agent, by certified mail
19 or personal delivery. A proof of service shall be filed with
20 the Clerk of the Circuit Court.
21 (F) Subsequent Service of Order for Withholding.
22 (1) Notwithstanding the provisions of this Section, at
23 any time after the court has ordered immediate service of an
24 order for withholding or after initial service of an order
25 for withholding pursuant to subsection (E), the obligee or
26 public office may serve the order for withholding upon any
27 payor of the obligor without further notice to the obligor.
28 The obligee or public office shall provide notice to the
29 payor, pursuant to paragraph (6) of subsection (I), of any
30 payments that have been made through previous withholding or
31 any other method.
32 (2) The Clerk of the Circuit Court shall, upon request,
33 provide the obligee or public office with specially certified
34 copies of the order for withholding or the notice of
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1 delinquency or both whenever the Court has ordered immediate
2 service of an order for withholding or an affidavit has been
3 placed in the court file indicating that the preconditions
4 for service have been previously met or that the requirements
5 for immediate withholding under paragraph (8) of subsection B
6 have been previously met. The obligee or public office may
7 then serve the order for withholding on the payor, its
8 superintendent, manager or other agent by certified mail or
9 personal delivery. A proof of service shall be filed with
10 the Clerk of the Circuit Court.
11 (3) If a delinquency has accrued for any reason, the
12 obligee or public office may serve a notice of delinquency
13 upon the obligor pursuant to subsection (C). The obligor may
14 prevent the notice of delinquency from being served upon the
15 payor by utilizing the procedures set forth in subsection
16 (D). If no petition to stay service has been filed within the
17 required 20 day time period, the obligee or public office may
18 serve the notice of delinquency on the payor by utilizing the
19 procedures for service set forth in subsection (E).
20 (E) (G) Duties of Payor.
21 (1) It shall be the duty of any payor who has been
22 served with an income withholding a copy of the specially
23 certified order for withholding and any notice of delinquency
24 to deduct and pay over income as provided in this subsection.
25 The payor shall deduct the amount designated in the income
26 order for withholding notice, as supplemented by the notice
27 of delinquency and any notice provided pursuant to paragraph
28 (6) of subsection (G) (I), beginning no later than the next
29 payment of income which is payable or creditable to the
30 obligor that occurs 14 days following the date the income
31 withholding order and any notice was were mailed, sent by
32 facsimile or other electronic means, by certified mail or
33 placed for personal delivery to or service on the payor. The
34 payor may combine all amounts withheld for the benefit of an
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1 obligee or public office into a single payment and transmit
2 the payment with a listing of obligors from whom withholding
3 has been effected. The payor shall pay the amount withheld to
4 the obligee or public office within 7 business days after the
5 date the amount would (but for the duty to withhold income)
6 have been paid or credited to the obligor 10 calendar days of
7 the date income is paid to the obligor in accordance with the
8 order for withholding and any subsequent notification
9 received from the public office redirecting payments. If the
10 payor knowingly fails to pay any amount withheld to the
11 obligee or public office within 7 business days after the
12 date the amount would have been 10 calendar days of the date
13 income is paid or credited to the obligor, the payor shall
14 pay a penalty of $100 for each day that the withheld amount
15 is not paid to the obligee or public office after the period
16 of 7 business 10 calendar days has expired. The failure of a
17 payor, on more than one occasion, to pay amounts withheld to
18 the obligee or public office within 7 business days after the
19 date the amount would have been 10 calendar days of the date
20 income is not paid or credited to the obligor creates a
21 presumption that the payor knowingly failed to pay over the
22 amounts. This penalty may be collected in a civil action
23 which may be brought against the payor in favor of the
24 obligee or public office. For purposes of this Section, a
25 withheld amount shall be considered paid by a payor on the
26 date it is mailed by the payor, or on the date an electronic
27 funds transfer of the amount has been initiated by the payor,
28 or on the date delivery of the amount has been initiated by
29 the payor. For each deduction, the payor shall provide the
30 obligee or public office, at the time of transmittal, with
31 the date the amount would (but for the duty to withhold
32 income) have been paid or credited to the obligor income was
33 paid from which support was withheld.
34 Upon receipt of an income withholding notice order
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1 requiring that a minor child be named as a beneficiary of a
2 health insurance plan available through an employer or labor
3 union or trade union, the employer or labor union or trade
4 union shall immediately enroll the minor child as a
5 beneficiary in the health insurance plan designated by the
6 income withholding notice court order. The employer shall
7 withhold any required premiums and pay over any amounts so
8 withheld and any additional amounts the employer pays to the
9 insurance carrier in a timely manner. The employer or labor
10 union or trade union shall mail to the obligee, within 15
11 days of enrollment or upon request, notice of the date of
12 coverage, information on the dependent coverage plan, and all
13 forms necessary to obtain reimbursement for covered health
14 expenses, such as would be made available to a new employee.
15 When an order for dependent coverage is in effect and the
16 insurance coverage is terminated or changed for any reason,
17 the employer or labor union or trade union shall notify the
18 obligee within 10 days of the termination or change date
19 along with notice of conversion privileges.
20 For withholding of income, the payor shall be entitled to
21 receive a fee not to exceed $5 per month to be taken from the
22 income to be paid to the obligor.
23 (2) Whenever the obligor is no longer receiving income
24 from the payor, the payor shall return a copy of the income
25 order for withholding notice to the obligee or public office
26 and shall provide information for the purpose of enforcing
27 this Section.
28 (3) Withholding of income under this Section shall be
29 made without regard to any prior or subsequent garnishments,
30 attachments, wage assignments, or any other claims of
31 creditors. Withholding of income under this Section shall
32 not be in excess of the maximum amounts permitted under the
33 federal Consumer Credit Protection Act. If the payor has been
34 served with more than one income order for withholding notice
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1 pertaining to the same obligor, the payor shall allocate
2 income available for withholding on a proportionate share
3 basis, giving priority to current support payments. If there
4 is any income available for withholding after withholding for
5 all current support obligations, the payor shall allocate the
6 income to past due support payments ordered in cases in which
7 cash assistance under this Code is not being provided to the
8 obligee non-AFDC matters and then to past due support
9 payments ordered in cases in which cash assistance under this
10 Code is being provided to the obligee AFDC matters, both on a
11 proportionate share basis. A payor who complies with an
12 income withholding notice that is regular on its face shall
13 not be subject to civil liability with respect to any
14 individual, any agency, or any creditor of the obligor for
15 conduct in compliance with the notice. Payment as required by
16 the order for withholding shall be a complete defense by the
17 payor against any claims of the obligor or his creditors as
18 to the sum so paid.
19 (4) No payor shall discharge, discipline, refuse to hire
20 or otherwise penalize any obligor because of the duty to
21 withhold income.
22 (F) (H) Petitions to Contest Withholding Stay Service or to
23 Modify, Suspend, or Terminate, or Correct Income Orders for
24 Withholding Notices.
25 (1) When an obligor files a petition to contest
26 withholding stay service, the court, after due notice to all
27 parties, shall hear the matter as soon as practicable and
28 shall enter an order granting or denying relief, ordering
29 service of an amended income withholding notice amending the
30 notice of delinquency, amending the order for withholding,
31 where applicable, or otherwise resolving the matter.
32 The court shall deny the obligor's petition if the court
33 finds that when the income withholding notice was mailed,
34 sent by facsimile transmission or other electronic means, or
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1 placed for personal delivery to or service on the payor:
2 (a) A delinquency existed; or
3 (b) The parties' written agreement providing an
4 alternative arrangement to immediate withholding under
5 paragraph (1) of subsection (B) no longer ensured payment
6 of support. If the court finds that a delinquency existed
7 when the notice of delinquency was served upon the
8 obligor, in an amount of at least one month's support
9 obligation, or that the obligor was at least 30 days late
10 in paying all or part of the order for support, the court
11 shall order immediate service of the order for
12 withholding. Where the court cannot promptly resolve any
13 dispute over the amount of the delinquency, the court may
14 order immediate service of the order for withholding as
15 to any undisputed amounts specified in an amended notice
16 of delinquency, and may continue the hearing on the
17 disputed amounts.
18 (2) At any time, an obligor, obligee, public office or
19 Clerk of the Circuit Court may petition the court to:
20 (a) Modify, suspend or terminate the income order
21 for withholding notice because of a modification,
22 suspension or termination of the underlying order for
23 support; or
24 (b) Modify the amount of income to be withheld to
25 reflect payment in full or in part of the delinquency or
26 arrearage by income withholding or otherwise; or
27 (c) Suspend the income order for withholding notice
28 because of inability to deliver income withheld to the
29 obligee due to the obligee's failure to provide a mailing
30 address or other means of delivery.
31 (3) At any time an obligor may petition the court to
32 correct a term contained in an income withholding notice to
33 conform to that stated in the underlying order for support
34 for:
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1 (a) The amount of current support;
2 (b) The amount of the arrearage;
3 (c) The periodic amount for payment of the
4 arrearage; or
5 (d) The periodic amount for payment of the
6 delinquency.
7 (4) (3) The obligor, obligee or public office shall
8 serve on the payor, in the manner provided for service of
9 income withholding notices in paragraph (7) of subsection (B)
10 by certified mail or personal delivery, a copy of any order
11 entered pursuant to this subsection that affects the duties
12 of the payor.
13 (5) (4) At any time, a public office or Clerk of the
14 Circuit Court may serve a notice on the payor to:
15 (a) Cease withholding of income for payment of
16 current support for a child when the support obligation
17 for that child has automatically ceased under the order
18 for support through emancipation or otherwise; or
19 (b) Cease withholding of income for payment of
20 delinquency or arrearage when the delinquency or
21 arrearage has been paid in full.
22 (6) (5) The notice provided for under paragraph (5) (4)
23 of this subsection shall be served on the payor in the manner
24 provided for service of income withholding notices in
25 paragraph (7) of subsection (B) by ordinary mail, and a copy
26 shall be provided to the obligor and the obligee. A copy of
27 the notice shall be filed with the Clerk of the Circuit
28 Court.
29 (7) (6) The income order for withholding notice shall
30 continue to be binding upon the payor until service of an
31 amended income withholding notice or any order of the court
32 or notice entered or provided for under this subsection.
33 (G) (I) Additional Duties.
34 (1) An obligee who is receiving income withholding
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1 payments under this Section shall notify the payor, if the
2 obligee receives the payments directly from the payor, or the
3 public office or the Clerk of the Circuit Court, as
4 appropriate, of any change of address within 7 days of such
5 change.
6 (2) An obligee who is a recipient of public aid shall
7 send a copy of any income withholding notice served by the
8 obligee of delinquency filed pursuant to subsection (C) to
9 the Division Bureau of Child Support Enforcement of the
10 Illinois Department of Public Aid.
11 (3) Each obligor shall notify the obligee, the public
12 office, and the Clerk of the Circuit Court of any change of
13 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, the public office, and the
17 Clerk of the Circuit 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 income orders for withholding notices shall maintain
31 complete, accurate, and clear records of all payments and
32 their disbursements. Certified copies of payment records
33 maintained by a public office or Clerk of the Circuit Court
34 shall, without further proof, be admitted into evidence in
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1 any legal proceedings 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 the amount would (but for the
12 duty to withhold income) have been paid or credited to the
13 obligor income was paid from which such support was withheld.
14 (H) (J) Penalties.
15 (1) Where a payor wilfully fails to withhold or pay over
16 income pursuant to a properly served income withholding
17 notice, specially certified order for withholding and any
18 notice of delinquency, or wilfully discharges, disciplines,
19 refuses to hire or otherwise penalizes an obligor as
20 prohibited by subsection (E) (G), or otherwise fails to
21 comply with any duties imposed by this Section, the obligee,
22 public office or obligor, as appropriate, may file a
23 complaint with the court against the payor. The clerk of the
24 circuit court shall notify the obligee or public office, as
25 appropriate, and the obligor and payor of the time and place
26 of the hearing on the complaint. The court shall resolve any
27 factual dispute including, but not limited to, a denial that
28 the payor is paying or has paid income to the obligor. Upon
29 a finding in favor of the complaining party, the court:
30 (a) Shall enter judgment and direct the enforcement
31 thereof for the total amount that the payor wilfully
32 failed to withhold or pay over; and
33 (b) May order employment or reinstatement of or
34 restitution to the obligor, or both, where the obligor
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1 has been discharged, disciplined, denied employment or
2 otherwise penalized by the payor and may impose a fine
3 upon the payor not to exceed $200.
4 (2) Any obligee, public office or obligor who wilfully
5 initiates a false proceeding under this Section or who
6 wilfully fails to comply with the requirements of this
7 Section shall be punished as in cases of contempt of court.
8 (I) Alternative Procedures for Service of an Income
9 Withholding Notice.
10 (1) The procedures of this subsection may be used in any
11 matter to serve an income withholding notice on a payor if:
12 (a) For any reason the most recent order for
13 support entered does not contain the income withholding
14 provisions required under subsection (B), irrespective of
15 whether a separate order for withholding was entered
16 prior to July 1, 1997; and
17 (b) The obligor has accrued a delinquency after
18 entry of the most recent order for support.
19 (2) The obligee or public office shall prepare and serve
20 the income withholding notice in accordance with the
21 provisions of subsection (C), except that the notice shall
22 contain a periodic amount for payment of the delinquency
23 equal to 20% of the total of the current support amount and
24 the amount to be paid periodically for payment of any
25 arrearage stated in the most recent order for support.
26 (3) If the obligor requests in writing that income
27 withholding become effective prior to the obligor accruing a
28 delinquency under the most recent order for support, the
29 obligee or public office may prepare and serve an income
30 withholding notice on the payor as provided in subsection
31 (B). In addition to filing proofs of service of the income
32 withholding notice on the payor and the obligor, the obligee
33 or public office shall file a copy of the obligor's written
34 request for income withholding with the Clerk of the Circuit
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1 Court.
2 (4) All other provisions of this Section shall be
3 applicable with respect to the provisions of this subsection
4 (I).
5 (K) Alternative Procedures for Entry and Service of an Order
6 for Withholding.
7 (1) Effective January 1, 1987, in any matter in which an
8 order for withholding has not been entered for any reason,
9 based upon the last order for support that has been entered,
10 and in which the obligor has become delinquent in payment of
11 an amount equal to at least one month's support obligation
12 pursuant to the last order for support or is at least 30 days
13 late in complying with all or part of the order for support,
14 the obligee or public office may prepare and serve an order
15 for withholding pursuant to the procedures set forth in this
16 subsection.
17 (2) The obligee or public office shall:
18 (a) Prepare a proposed order for withholding for
19 immediate service as provided by paragraphs (1) and (3)
20 of subsection (B), except that the minimum 20%
21 delinquency payment shall be used;
22 (b) Prepare a notice of delinquency as provided by
23 paragraphs (1) and (2) of subsection (C), except the
24 notice shall state further that the order for withholding
25 has not been entered by the court and the conditions
26 under which the order will be entered; and
27 (c) Serve the notice of delinquency and form
28 petition to stay service as provided by paragraph (3) of
29 subsection (C), together with the proposed order for
30 withholding, which shall be marked "COPY ONLY".
31 (3) After 20 days following service of the notice of
32 delinquency and proposed order for withholding, in lieu of
33 the provisions of subsection (E), the obligee or public
34 office shall file with the Clerk of the Circuit Court an
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1 affidavit, with a copy of the notice of delinquency and
2 proposed order for withholding attached thereto, stating
3 that:
4 (a) The notice of delinquency and proposed order
5 for withholding have been served upon the obligor and the
6 date on which service was effected;
7 (b) The obligor has not filed a petition to stay
8 service within 20 days of service of such notice and
9 order; and
10 (c) The proposed order for withholding accurately
11 states the terms and amounts contained in the last order
12 for support.
13 (4) Upon the court's satisfaction that the procedures
14 set forth in this subsection have been met, it shall enter
15 the order for withholding.
16 (5) The Clerk shall then provide to the obligee or
17 public office a specially certified copy of the order for
18 withholding and the notice of delinquency indicating that the
19 preconditions for service have been met.
20 (6) The obligee or public office shall serve the
21 specially certified copies of the order for withholding and
22 the notice of delinquency on the payor, its superintendent,
23 manager or other agent by certified mail or personal
24 delivery. A proof of service shall be filed with the Clerk
25 of the Circuit Court.
26 (7) If the obligor requests in writing that income
27 withholding become effective prior to becoming delinquent in
28 payment of an amount equal to one month's support obligation
29 pursuant to the last order for support, or prior to becoming
30 30 days late in paying all or part of the order for support,
31 the obligee or public office shall file an affidavit with the
32 Clerk of the circuit Court, with a proposed order for
33 withholding attached, stating that the proposed order
34 accurately states the terms and amounts contained in the last
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1 order for support and the obligor's request for immediate
2 service. The provisions of paragraphs (4) through (6) of this
3 subsection shall apply, except that a notice of delinquency
4 shall not be required.
5 (8) All other provisions of this Section shall be
6 applicable with respect to the provisions of this subsection
7 (K), except that under paragraph (1) of subsection (H), the
8 court may also amend the proposed order for withholding to
9 conform to the last order for support.
10 (9) Nothing in this subsection shall be construed as
11 limiting the requirements of paragraph (1) of subsection (B)
12 with respect to the entry of a separate order for withholding
13 upon entry of any order for support.
14 (J) (L) Remedies in Addition to Other Laws.
15 (1) The rights, remedies, duties and penalties created
16 by this Section are in addition to and not in substitution
17 for any other rights, remedies, duties and penalties created
18 by any other law.
19 (2) Nothing in this Section shall be construed as
20 invalidating any assignment of wages or benefits executed
21 prior to January 1, 1984 or any order for withholding served
22 prior to July 1, 1997.
23 (Source: P.A. 88-26; 88-45; 88-94; 88-131; 88-307; 88-670,
24 eff. 12-2-94; 89-507, eff. 7-1-97.)
25 (305 ILCS 5/10-17.1) (from Ch. 23, par. 10-17.1)
26 Sec. 10-17.1. Administrative Order by Registration. The
27 Illinois Department may provide by rule for the registration
28 of a support order entered by a court or administrative body
29 of this or any other State. Registration shall be for the
30 sole purpose of enforcing the registered order and shall not
31 confer jurisdiction on the Illinois Department for any other
32 purpose, including modification. Upon registration, such
33 support order shall become an administrative order of the
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1 Child and Spouse Support Unit by operation of law. The rule
2 shall provide for notice to and an opportunity to be heard by
3 the responsible relative affected and any final
4 administrative decision rendered by the Department shall be
5 reviewed only under and in accordance with the Administrative
6 Review Law.
7 Any new or existing support order registered by the
8 Illinois Department under this Section shall be deemed to be
9 a series of judgments against the person obligated to pay
10 support thereunder, each such judgment to be in the amount of
11 each payment or installment of support and each such judgment
12 to be deemed entered as of the date the corresponding payment
13 or installment becomes due under the terms of the support
14 order. Each such judgment shall be enforceable in the same
15 manner as any other judgment in this State. A lien arises by
16 operation of law against the real and personal property of
17 the noncustodial parent for each installment of overdue
18 support owed by the noncustodial parent.
19 A one-time charge of 20% is imposable upon the amount of
20 past-due child support owed on July 1, 1988, which has
21 accrued under a support order registered by the Illinois
22 Department under this Section. The charge shall be imposed
23 in accordance with the provisions of Section 10-21 and shall
24 be enforced by the court in a suit filed under Section 10-15.
25 (Source: P.A. 88-687, eff. 1-24-95.)
26 (305 ILCS 5/10-17.2) (from Ch. 23, par. 10-17.2)
27 Sec. 10-17.2. Income Withholding By Administrative
28 Order. The Illinois Department may provide by rule for entry
29 of an administrative support order containing income for
30 withholding provisions and for its subsequent service and
31 enforcement of an income withholding notice, by the Child and
32 Spouse Support Unit based upon and in the same manner as
33 prescribed by Section 10-16.2. The penalties provided in
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1 Section 10-16.2 shall apply hereto and shall be enforced by
2 filing an action under that Section. The rule shall provide
3 for notice to and an opportunity to be heard by the
4 responsible relative affected and any final administrative
5 decision rendered by the Department shall be reviewed only
6 under and in accordance with the Administrative Review Law.
7 (Source: P.A. 84-1389.)
8 (305 ILCS 5/10-17.11 new)
9 Sec. 10-17.11. Requests to other states for
10 administrative enforcement. The Illinois Department may
11 provide by rule for certification to other states' child
12 support enforcement agencies of past due support owed by
13 responsible relatives under a support order entered by a
14 court or administrative body of this or any other state on
15 behalf of resident or non-resident persons. The purpose of
16 certification shall be to request the other states'
17 assistance in administrative enforcement of the support
18 orders. The rule shall provide for notice to and an
19 opportunity to be heard by the responsible relative affected
20 and any final administrative decision rendered by the
21 Illinois Department shall be reviewed only under and in
22 accordance with the Administrative Review Law.
23 (305 ILCS 5/10-24 new)
24 Sec. 10-24. Definitions. In this Section through
25 Section 10-24.50:
26 "Account" means a demand deposit account, checking or
27 negotiable withdrawal order account, savings account, time
28 deposit account, or money market mutual fund account.
29 "Financial institution" includes:
30 (1) a depository institution, which is any bank or
31 saving association;
32 (2) an insured depository institution, which is any
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1 bank or saving institution the deposits of which are
2 insured pursuant to the Federal Deposit Insurance Act, or
3 any uninsured branch or agency of a foreign bank or a
4 commercial lending company owned or controlled by a
5 foreign bank;
6 (3) a federal depository institution, which is any
7 national bank, any federal savings association, or any
8 federal branch;
9 (4) a state depository institution, which is any
10 state bank, any state savings association, or any insured
11 branch which is not a federal branch;
12 (5) a federal credit union, which is a cooperative
13 association organized in accordance with the provisions
14 of the Federal Credit Union Act;
15 (6) a state chartered credit union which is
16 organized and operated according to the laws of this or
17 any other state, which laws provide for the organization
18 of credit unions similar in principle and objectives to
19 federal credit unions; and
20 (7) any benefit association, insurance company,
21 safe deposit company, money market mutual fund, or
22 similar entity authorized to do business in this State.
23 "Financial record" has the meaning given to that term in
24 Section 1101 of the federal Right to Financial Privacy Act of
25 1978 (12 U.S.C. 3401).
26 (305 ILCS 5/10-24.5 new)
27 Sec. 10-24.5. Financial institutions data matches.
28 (a) The Illinois Department may design and implement a
29 data match system pursuant to which the Illinois Department
30 shall enter into agreements with financial institutions doing
31 business in this State for the purpose of identifying
32 accounts as defined in Section 10-24 of responsible relatives
33 who owe past-due child support.
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1 (b) Every agreement entered into with a financial
2 institution under this Section shall provide, at the option
3 of the financial institution, either (i) that the financial
4 institution shall compare data concerning account holders,
5 owners, or customers who maintain one or more accounts as
6 defined in Section 10-24 at the financial institution with
7 data concerning individuals identified by the Illinois
8 Department as responsible relatives who owe past-due child
9 support and for each of whom the Illinois Department shall
10 provide the name, record address, and social security number
11 or tax identification number, or (ii) that the financial
12 institution shall provide the social security number or tax
13 identification number of the account holders, owners, or
14 customers who maintain one or more accounts as defined in
15 Section 10-24 at the financial institution to the Illinois
16 Department, which shall compare that data with data
17 concerning individuals identified as responsible relatives
18 who owe past-due child support.
19 (c) Every agreement shall provide that the Illinois
20 Department shall pay to the financial institution providing
21 or comparing the data a reasonable fee not to exceed the
22 institution's actual cost of providing the data or performing
23 the comparison.
24 (d) If the financial institution or Illinois Department
25 determines that the name and either social security number or
26 tax identification number of an individual identified by the
27 Illinois Department under subsection (b) match the name and
28 either social security number or tax identification number of
29 the account holder, owner, or customer who maintains one or
30 more accounts as defined in Section 10-24 at the financial
31 institution, then the financial institution shall report the
32 individual's name and either social security number or tax
33 identification number to the Illinois Department, for each
34 calendar quarter in which the individual is identified by the
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1 Illinois Department as a responsible relative who owes
2 past-due child support.
3 (305 ILCS 5/10-24.30 new)
4 Sec. 10-24.30. Types of accounts to be reported. The
5 reporting requirements of Section 10-24.5 regarding accounts
6 as defined in Section 10-24 apply to individual accounts,
7 joint accounts, and sole proprietorship accounts. In the case
8 of a joint account, the account holder or owner shall be
9 deemed to be the primary account holder or owner established
10 by the financial institution in accordance with federal 1099
11 reporting requirements.
12 (305 ILCS 5/10-24.35 new)
13 Sec. 10-24.35. Accommodation of financial institutions.
14 The Illinois Department of Public Aid shall make a reasonable
15 effort to accommodate those financial institutions on which
16 the requirements of this Article X would impose a hardship.
17 In the case of a non-automated financial institution, a paper
18 copy including either social security numbers or tax
19 identification numbers is an acceptable format. In order to
20 allow for data processing implementation, no agreement shall
21 become effective earlier than 90 days after its execution.
22 (305 ILCS 5/10-24.40 new)
23 Sec. 10-24.40. Financial institution's charges on
24 account.
25 (a) If the Illinois Department of Public Aid requests a
26 financial institution to hold or encumber assets in an
27 account as defined in Section 10-24, the financial
28 institution at which the account as defined in Section 10-24
29 is maintained may charge and collect its normally scheduled
30 account activity fees to maintain the account during the
31 period of time the account assets are held or encumbered.
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1 (b) If the Illinois Department of Public Aid takes any
2 action to enforce a lien or levy imposed on an account, as
3 defined in Section 10-24, under Section 10-25.5, the
4 financial institution at which the account is maintained may
5 charge to the account a fee of up to $50 and shall deduct the
6 amount of the fee from the account before remitting any
7 moneys from the account to the Illinois Department of Public
8 Aid.
9 (305 ILCS 5/10-24.45 new)
10 Sec. 10-24.45. Confidentiality. All information
11 provided by a financial institution under Sections 10-24
12 through 10-24.50 is confidential and may be used only for the
13 purpose of enforcing payment of child support. The Illinois
14 Department shall adopt rules to safeguard any confidential
15 information received from a financial institution.
16 (305 ILCS 5/10-24.50 new)
17 Sec. 10-24.50. Financial institution's freedom from
18 liability. A financial institution that provides information
19 under Sections 10-24 through 10-24.50 shall not be liable to
20 any account holder, owner, or other person in any civil,
21 criminal, or administrative action for any of the following:
22 (1) Disclosing the required information to the
23 Illinois Department of Public Aid, any other provisions
24 of the law not withstanding.
25 (2) Holding, encumbering, or surrendering any of an
26 individual's accounts as defined in Section 10-24 in
27 response to a lien or order to withhold and deliver
28 issued by:
29 (A) the Illinois Department of Public Aid
30 under Sections 10-25 and 10-25.5; or
31 (B) a person or entity acting on behalf of the
32 Illinois Department of Public Aid.
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1 (3) Any other action taken or omission made in good
2 faith to comply with Sections 10-24 through 10-24.50,
3 including individual or mechanical errors, provided that
4 the action or omission does not constitute gross
5 negligence or willful misconduct.
6 (305 ILCS 5/10-25 new)
7 Sec. 10-25. Administrative liens and levies on real
8 property for past-due child support.
9 (a) The State shall have a lien on all legal and
10 equitable interests of responsible relatives in their real
11 property in the amount of past-due child support owing
12 pursuant to an order for child support entered under Sections
13 10-10 and 10-11 of this Code, or under the Illinois Marriage
14 and Dissolution of Marriage Act, the Non-Support of Spouse
15 and Children Act, the Uniform Interstate Family Support Act,
16 or the Illinois Parentage Act of 1984.
17 (b) The Illinois Department shall provide by rule for
18 notice to and an opportunity to be heard by each responsible
19 relative affected, and any final administrative decision
20 rendered by the Illinois Department shall be reviewed only
21 under and in accordance with the Administrative Review Law.
22 (c) When enforcing a lien under subsection (a) of this
23 Section, the Illinois Department shall have the authority to
24 execute notices of administrative liens and levies, which
25 shall contain the name and address of the responsible
26 relative, a legal description of the real property to be
27 levied, the fact that a lien is being claimed for past-due
28 child support, and such other information as the Illinois
29 Department may by rule prescribe. The Illinois Department
30 shall record the notice of lien with the recorder or
31 registrar of titles of the county or counties in which the
32 real estate is located.
33 (d) The State's lien under subsection (a) shall be
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1 enforceable upon the recording or filing of a notice of lien
2 with the recorder or registrar of titles of the county or
3 counties in which the real estate is located. The lien shall
4 be prior to any lien thereafter recorded or filed and shall
5 be notice to a subsequent purchaser, assignor, or
6 encumbrancer of the existence and nature of the lien. The
7 lien shall be inferior to the lien of general taxes, special
8 assessment, and special taxes heretofore or hereafter levied
9 by any political subdivision or municipal corporation of the
10 State.
11 In the event that title to the land to be affected by the
12 notice of lien is registered under the Registered Titles
13 (Torrens) Act, the notice shall be filed in the office of the
14 registrar of titles as a memorial or charge upon each folium
15 of the register of titles affected by the notice; but the
16 State shall not have a preference over the rights of any bona
17 fide purchaser, mortgagee, judgment creditor, or other lien
18 holders registered prior to the registration of the notice.
19 (e) The recorder or registrar of titles of each county
20 shall procure a file labeled "Child Support Lien Notices" and
21 an index book labeled "Child Support Lien Notices". When
22 notice of any lien is presented to the recorder or registrar
23 of titles for filing, the recorder or registrar of titles
24 shall file it in numerical order in the file and shall enter
25 it alphabetically in the index. The entry shall show the
26 name and last known address of the person named in the
27 notice, the serial number of the notice, the date and hour of
28 filing, and the amount of child support due at the time when
29 the lien is filed.
30 (f) The Illinois Department shall not be required to
31 furnish bond or make a deposit for or pay any costs or fees
32 of any court or officer thereof in any legal proceeding
33 involving the lien.
34 (g) To protect the lien of the State for past-due child
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1 support, the Illinois Department may, from funds that are
2 available for that purpose, pay or provide for the payment of
3 necessary or essential repairs, purchase tax certificates,
4 pay balances due on land contracts, or pay or cause to be
5 satisfied any prior liens on the property to which the lien
6 hereunder applies.
7 (h) A lien on real property under this Section shall be
8 released pursuant to Section 12-101 of the Code of Civil
9 Procedure.
10 (i) The Illinois Department, acting in behalf of the
11 State, may foreclose the lien in a judicial proceeding to the
12 same extent and in the same manner as in the enforcement of
13 other liens. The process, practice, and procedure for the
14 foreclosure shall be the same as provided in the Code of
15 Civil Procedure.
16 (305 ILCS 5/10-25.5 new)
17 Sec. 10-25.5. Administrative liens and levies on
18 personal property for past-due child support.
19 (a) The State shall have a lien on all legal and
20 equitable interests of responsible relatives in their
21 personal property, including any account in a financial
22 institution as defined in Section 10-24, or in the case of an
23 insurance company or benefit association only in accounts as
24 defined in Section 10-24, in the amount of past-due child
25 support owing pursuant to an order for child support entered
26 under Sections 10-10 and 10-11 of this Code, or under the
27 Illinois Marriage and Dissolution of Marriage Act, the
28 Non-Support of Spouse and Children Act, the Uniform
29 Interstate Family Support Act, or the Illinois Parentage Act
30 of 1984.
31 (b) The Illinois Department shall provide by rule for
32 notice to and an opportunity to be heard by each responsible
33 relative affected, and any final administrative decision
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1 rendered by the Illinois Department shall be reviewed only
2 under and in accordance with the Administrative Review Law.
3 (c) When enforcing a lien under subsection (a) of this
4 Section, the Illinois Department shall have the authority to
5 execute notices of administrative liens and levies, which
6 shall contain the name and address of the responsible
7 relative, a description of the property to be levied, the
8 fact that a lien is being claimed for past-due child support,
9 and such other information as the Illinois Department may by
10 rule prescribe. The Illinois Department may serve the notice
11 of lien or levy upon any financial institution where the
12 accounts as defined in Section 10-24 of the responsible
13 relative may be held, for encumbrance or surrender of the
14 accounts as defined in Section 10-24 by the financial
15 institution.
16 (d) The Illinois Department shall enforce its lien
17 against the responsible relative's personal property, other
18 than accounts as defined in Section 10-24 in financial
19 institutions, and levy upon such personal property in the
20 manner provided for enforcement of judgments contained in
21 Article XII of the Code of Civil Procedure.
22 (e) The Illinois Department shall not be required to
23 furnish bond or make a deposit for or pay any costs or fees
24 of any court or officer thereof in any legal proceeding
25 involving the lien.
26 (f) To protect the lien of the State for past-due child
27 support, the Illinois Department may, from funds that are
28 available for that purpose, pay or provide for the payment of
29 necessary or essential repairs, purchase tax certificates, or
30 pay or cause to be satisfied any prior liens on the property
31 to which the lien hereunder applies.
32 (g) A lien on personal property under this Section shall
33 be released in the manner provided under Article XII of the
34 Code of Civil Procedure. Notwithstanding the foregoing, a
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1 lien under this Section on accounts as defined in Section
2 10-24 shall expire upon the passage of 120 days from the date
3 of issuance of the Notice of Lien or Levy by the Illinois
4 Department. However, the lien shall remain in effect during
5 the pendency of any appeal or protest.
6 (h) A lien created under this Section is subordinate to
7 any prior lien of the financial institution or any prior lien
8 holder or any prior right of set-off that the financial
9 institution may have against the assets, or in the case of an
10 insurance company or benefit association only in the accounts
11 as defined in Section 10-24.
12 (i) A financial institution has no obligation under this
13 Section to hold, encumber, or surrender the assets, or in the
14 case of an insurance company or benefit association only the
15 accounts as defined in Section 10-24, until the financial
16 institution has been properly served with a subpoena,
17 summons, warrant, court or administrative order, or
18 administrative lien and levy requiring that action.
19 (305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2)
20 Sec. 12-10.2. The Child Support Enforcement Trust Fund,
21 to be held by the State Treasurer as ex-officio custodian
22 outside the State Treasury, pursuant to the Child Support
23 Enforcement Program established by Title IV-D of the Social
24 Security Act, shall consist of (1) all support payments
25 received by the Illinois Department under Sections 10-8,
26 10-10, 10-16 and 10-19 that are required by such Sections to
27 be paid into the Child Support Enforcement Trust Fund, and
28 (2) all federal grants received by the Illinois Department
29 funded by Title IV-D of the Social Security Act, except those
30 federal funds received under the Title IV-D program as
31 reimbursement for expenditures from the General Revenue Fund,
32 and (3) incentive payments received by the Illinois
33 Department from other states or political subdivisions of
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1 other states for the enforcement and collection by the
2 Department of an assigned child support obligation in behalf
3 of such other states or their political subdivisions pursuant
4 to the provisions of Title IV-D of the Social Security Act,
5 and (4) incentive payments retained by the Illinois
6 Department from the amounts which otherwise would be paid to
7 the Federal government to reimburse the Federal government's
8 share of the support collection for the Department's
9 enforcement and collection of an assigned support obligation
10 on behalf of the State of Illinois pursuant to the provisions
11 of Title IV-D of the Social Security Act, and (5) all fees
12 charged by the Department for child support enforcement
13 services, as authorized under Title IV-D of the Social
14 Security Act and Section 10-1 of this Code, and any other
15 fees, costs, fines, recoveries, or penalties provided for by
16 State or federal law and received by the Department under the
17 Child Support Enforcement Program established by Title IV-D
18 of the Social Security Act, and (6) all amounts appropriated
19 by the General Assembly for deposit into the Fund.
20 Disbursements from this Fund shall be only for the
21 following purposes: (1) for the reimbursement of funds
22 received by the Illinois Department through error or mistake,
23 and (2) for payments to non-recipients, current recipients
24 and former recipients of financial aid of support payments
25 received on their behalf under Article X of this Code,
26 pursuant to the provisions of Title IV-D of the Social
27 Security Act and rules promulgated by the Department, and (3)
28 for payment of any administrative expenses, including payment
29 to the Health Insurance Reserve Fund for group insurance
30 costs at the rate certified by the Department of Central
31 Management Services, except those required to be paid from
32 the General Revenue Fund, including personal and contractual
33 services, incurred in performing the Title IV-D activities
34 authorized by Article X of this Code, and (4) for the
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1 reimbursement of the Public Assistance Emergency Revolving
2 Fund for expenditures made from that Fund for payments to
3 former recipients of public aid for child support made to the
4 Illinois Department when the former public aid recipient is
5 legally entitled to all or part of the child support
6 payments, pursuant to the provisions of Title IV-D of the
7 Social Security Act, and (5) for the payment of incentive
8 amounts owed to other states or political subdivisions of
9 other states that enforce and collect an assigned support
10 obligation on behalf of the State of Illinois pursuant to the
11 provisions of Title IV-D of the Social Security Act, and (6)
12 for the payment of incentive amounts owed to political
13 subdivisions of the State of Illinois that enforce and
14 collect an assigned support obligation on behalf of the State
15 pursuant to the provisions of Title IV-D of the Social
16 Security Act, and (7) for payments of any amounts which are
17 reimbursable to the Federal government which are required to
18 be paid by State warrant by either the State or Federal
19 government. Disbursements from this Fund shall be by warrants
20 drawn by the State Comptroller on receipt of vouchers duly
21 executed and certified by the Illinois Department or any
22 other State agency that receives an appropriation from the
23 Fund.
24 The balance in this Fund on the first day of each
25 calendar quarter, after payment therefrom of any amounts
26 reimbursable to the Federal government, and minus the amount
27 reasonably anticipated to be needed to make disbursements
28 during the quarter authorized by this Section, shall be
29 certified by the Director of the Illinois Department and
30 transferred by the State Comptroller to the General Revenue
31 Fund in the State Treasury within 30 days of the first day of
32 each calendar quarter.
33 The balance transferred to the General Revenue Fund for
34 any fiscal year shall be not less than ten percent of the
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1 total support payments received, and retained pursuant to the
2 provisions of Title IV-D of the Social Security Act, on
3 behalf of persons receiving financial assistance under
4 Article IV of this Code which were required to be deposited
5 to this Fund during that fiscal year. The above described
6 payments received and retained shall include the State and
7 Federal share of such payments.
8 (Source: P.A. 88-307; 89-21, eff. 7-1-95; 89-499, eff.
9 6-28-96.)
10 (305 ILCS 5/12-4.7c new)
11 Sec. 12-4.7c. Exchange of information after July 1, 1997.
12 (a) The Department of Human Services shall exchange with
13 the Illinois Department of Public Aid information that may be
14 necessary for the enforcement of child support orders entered
15 pursuant to Sections 10-10 and 10-11 of this Code or pursuant
16 to the Illinois Marriage and Dissolution of Marriage Act, the
17 Non-Support of Spouse and Children Act, the Revised Uniform
18 Reciprocal Enforcement of Support Act, the Uniform Interstate
19 Family Support Act, or the Illinois Parentage Act of 1984.
20 (b) Notwithstanding any provisions in this Code to the
21 contrary, the Department of Human Services shall not be
22 liable to any person for any disclosure of information to the
23 Illinois Department of Public Aid under subsection (a) or for
24 any other action taken in good faith to comply with the
25 requirements of subsection (a).
26 Section 75. The Vital Records Act is amended by changing
27 Sections 11, 12, 17, 22, and 24 as follows:
28 (410 ILCS 535/11) (from Ch. 111 1/2, par. 73-11)
29 Sec. 11. Information required on forms.
30 (a) The form of certificates, reports, and other returns
31 required by this Act or by regulations adopted under this Act
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1 shall include as a minimum the items recommended by the
2 federal agency responsible for national vital statistics,
3 subject to approval of and modification by the Department.
4 All forms shall be prescribed and furnished by the State
5 Registrar of Vital Records.
6 (b) On and after the effective date of this amendatory
7 Act of 1983, all forms used to collect information under this
8 Act which request information concerning the race or
9 ethnicity of an individual by providing spaces for the
10 designation of that individual as "white" or "black", or the
11 semantic equivalent thereof, shall provide an additional
12 space for a designation as "Hispanic".
13 (c) Effective November 1, 1990, the social security
14 numbers of the mother and father shall be collected at the
15 time of the birth of the child. These numbers shall not be
16 recorded on the certificate of live birth. The numbers may
17 be used only for those purposes allowed by Federal law.
18 (d) The social security number of a person who has died
19 shall be entered on the death certificate; however, failure
20 to enter the social security number of the person who has
21 died on the death certificate does not invalidate the death
22 certificate.
23 (Source: P.A. 88-159.)
24 (410 ILCS 535/12) (from Ch. 111 1/2, par. 73-12)
25 Sec. 12. Live births; place of registration.
26 (1) Each live birth which occurs in this State shall be
27 registered with the local or subregistrar of the district in
28 which the birth occurred as provided in this Section, within
29 7 days after the birth. When a birth occurs on a moving
30 conveyance, the city, village, township, or road district in
31 which the child is first removed from the conveyance shall be
32 considered the place of birth and a birth certificate shall
33 be filed in the registration district in which the place is
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1 located.
2 (2) When a birth occurs in an institution, the person in
3 charge of the institution or his designated representative
4 shall obtain and record all the personal and statistical
5 particulars relative to the parents of the child that are
6 required to properly complete the live birth certificate;
7 shall secure the required personal signatures on the hospital
8 worksheet; shall prepare the certificate from this worksheet;
9 and shall file the certificate with the local registrar. The
10 institution shall retain the hospital worksheet permanently
11 or as otherwise specified by rule. The physician in
12 attendance shall verify or provide the date of birth and
13 medical information required by the certificate, within 24
14 hours after the birth occurs.
15 (3) When a birth occurs outside an institution, the
16 certificate shall be prepared and filed by one of the
17 following in the indicated order of priority:
18 (a) The physician in attendance at or immediately
19 after the birth, or in the absence of such a person,
20 (b) Any other person in attendance at or
21 immediately after the birth, or in the absence of such a
22 person,
23 (c) The father, the mother, or in the absence of
24 the father and the inability of the mother, the person in
25 charge of the premises where the birth occurred.
26 (4) Unless otherwise provided in this Act, if the mother
27 was not married to the father of the child at either the time
28 of conception or the time of birth, the name of the father
29 shall be entered on the child's birth certificate only if the
30 mother and the person to be named as the father have signed
31 an acknowledgment of parentage in accordance with subsection
32 (5).
33 Unless otherwise provided in this Act, if the mother was
34 married at the time of conception or birth and the presumed
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1 father (that is, the mother's husband) is not the biological
2 father of the child, the name of the biological father shall
3 be entered on the child's birth certificate only if, in
4 accordance with subsection (5), (i) the mother and the person
5 to be named as the father have signed an acknowledgment of
6 parentage and (ii) the mother and presumed father have signed
7 a denial of paternity.
8 (5) Upon the birth of a child to an unmarried woman, or
9 upon the birth of a child to a woman who was married at the
10 time of conception or birth and whose husband is not the
11 biological father of the child, the institution at the time
12 of birth and the local registrar or county clerk after the
13 birth shall do the following:
14 (a) Provide (i) an opportunity for the child's
15 mother and father to sign an acknowledgment of parentage
16 and (ii) if the presumed father is not the biological
17 father, an opportunity for the mother and presumed father
18 to sign a denial of paternity. The signing and
19 witnessing of the acknowledgment of parentage or, if the
20 presumed father of the child is not the biological
21 father, the acknowledgment of parentage and denial of
22 paternity conclusively establishes a parent and child
23 relationship in accordance with Sections 5 and 6 of the
24 Illinois Parentage Act of 1984.
25 The Illinois Department of Public Aid shall furnish
26 the acknowledgment of parentage and denial of paternity
27 form to institutions, county clerks, and State and local
28 registrars' offices. The form shall include instructions
29 to send the original signed and witnessed acknowledgment
30 of parentage and denial of paternity to the Illinois
31 Department of Public Aid.
32 (b) Provide the following documents, furnished by
33 the Illinois Department of Public Aid, to the child's
34 mother, biological father, and (if the person presumed to
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1 be the child's father is not the biological father)
2 presumed father for their review at the time the
3 opportunity is provided to establish a parent and child
4 relationship:
5 (i) An explanation of the implications of,
6 alternatives to, legal consequences of, and the
7 rights and responsibilities that arise from signing
8 an acknowledgment of parentage and, if necessary, a
9 denial of paternity, including an explanation of the
10 parental rights and responsibilities of child
11 support, visitation, custody, retroactive support,
12 health insurance coverage, and payment of birth
13 expenses.
14 (ii) An explanation of the benefits of having
15 a child's parentage established and the availability
16 of parentage establishment and support enforcement
17 services.
18 (iii) A request for an application for child
19 support services from the Illinois Department of
20 Public Aid.
21 (iv) Instructions concerning the opportunity,
22 before discharge from the institution, to speak,
23 either by telephone or in person, with staff of the
24 Illinois Department of Public Aid who are trained to
25 clarify information and answer questions about
26 paternity establishment.
27 (v) Instructions for completing and signing
28 the acknowledgment of parentage and denial of
29 paternity.
30 (c) Provide an oral explanation of the documents
31 and instructions set forth in subdivision (5)(b),
32 including an explanation of the implications of,
33 alternatives to, legal consequences of, and the rights
34 and responsibilities that arise from signing an
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1 acknowledgment of parentage and, if necessary, a denial
2 of paternity.
3 (6) The institution, State or local registrar, or county
4 clerk shall provide an opportunity for the child's father or
5 mother to sign a rescission of parentage. The signing and
6 witnessing of the rescission of parentage voids the
7 acknowledgment of parentage and nullifies the presumption of
8 paternity if executed within the time frame contained in
9 Section 5 of the Illinois Parentage Act of 1984. The Illinois
10 Department of Public Aid shall furnish the rescission of
11 parentage form to institutions, county clerks, and State and
12 local registrars' offices. The form shall include
13 instructions to send the original signed and witnessed
14 rescission of parentage to the Illinois Department of Public
15 Aid.
16 (7) An acknowledgment of paternity signed pursuant to
17 Section 6 of the Illinois Parentage Act of 1984 may be
18 challenged in court only on the basis of fraud, duress, or
19 material mistake of fact, with the burden of proof upon the
20 challenging party. Pending outcome of a challenge to the
21 acknowledgment of paternity, the legal responsibilities of
22 the signatories shall remain in full force and effect, except
23 upon order of the court upon a showing of good cause.
24 (8) When the process for acknowledgment of parentage as
25 provided for under subsection (5) establishes the paternity
26 of a child whose certificate of birth is on file in another
27 state, the Illinois Department of Public Aid shall forward a
28 copy of the acknowledgment of parentage, the denial of
29 paternity, if applicable, and the rescission of parentage, if
30 applicable, to the birth record agency of the state where the
31 child's certificate of birth is on file.
32 (Source: P.A. 88-159; 88-687, eff. 1-24-95; 89-641, eff.
33 8-9-96)
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1 (410 ILCS 535/17) (from Ch. 111 1/2, par. 73-17)
2 Sec. 17. (1) For a person born in this State, the State
3 Registrar of Vital Records shall establish a new certificate
4 of birth when he receives any of the following:
5 (a) A certificate of adoption as provided in
6 Section 16 or a certified copy of the order of adoption
7 together with the information necessary to identify the
8 original certificate of birth and to establish the new
9 certificate of birth; except that a new certificate of
10 birth shall not be established if so requested by the
11 court ordering the adoption, the adoptive parents, or the
12 adopted person.
13 (b) A certificate of adoption or a certified copy
14 of the order of adoption entered in a court of competent
15 jurisdiction of any other state or country declaring
16 adopted a child born in the State of Illinois, together
17 with the information necessary to identify the original
18 certificate of birth and to establish the new certificate
19 of birth; except that a new certificate of birth shall
20 not be established if so requested by the court ordering
21 the adoption, the adoptive parents, or the adopted
22 person.
23 (c) A request that a new certificate be established
24 and such evidence as required by regulation proving that
25 such person has been legitimatized, or that the circuit
26 court, or the Illinois Department of Public Aid, or a
27 court or administrative agency of any other state has
28 established determined the paternity of such a person by
29 judicial or administrative processes or by voluntary
30 acknowledgment, which is accompanied by the social
31 security numbers of all persons determined and presumed
32 to be the parents.
33 (d) An affidavit by a physician that he has
34 performed an operation on a person, and that by reason of
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1 the operation the sex designation on such person's birth
2 record should be changed. The State Registrar of Vital
3 Records may make any investigation or require any further
4 information he deems necessary.
5 Each request for a new certificate of birth shall be
6 accompanied by a fee of $15 and entitles the applicant to one
7 certification or certified copy of the new certificate. If
8 the request is for additional copies, it shall be accompanied
9 by a fee of $2 for each additional certification or certified
10 copy.
11 (2) When a new certificate of birth is established, the
12 actual place and date of birth shall be shown; provided, in
13 the case of adoption of a person born in this State by
14 parents who were residents of this State at the time of the
15 birth of the adopted person, the place of birth may be shown
16 as the place of residence of the adoptive parents at the time
17 of such person's birth, if specifically requested by them,
18 and any new certificate of birth established prior to the
19 effective date of this amendatory Act may be corrected
20 accordingly if so requested by the adoptive parents or the
21 adopted person when of legal age. The social security numbers
22 of the parents shall not be recorded on the certificate of
23 birth. The social security numbers may only be used for
24 purposes allowed under federal law. The new certificate shall
25 be substituted for the original certificate of birth:
26 (a) Thereafter, the original certificate and the
27 evidence of adoption, paternity, legitimation, or sex
28 change shall not be subject to inspection or
29 certification except upon order of the circuit court or
30 as provided by regulation.
31 (b) Upon receipt of notice of annulment of
32 adoption, the original certificate of birth shall be
33 restored to its place in the files, and the new
34 certificate and evidence shall not be subject to
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1 inspection or certification except upon order of the
2 circuit court.
3 (3) If no certificate of birth is on file for the person
4 for whom a new certificate is to be established under this
5 Section, a delayed record of birth shall be filed with the
6 State Registrar of Vital Records as provided in Section 14 or
7 Section 15 of this Act before a new certificate of birth is
8 established, except that when the date and place of birth and
9 parentage have been established in the adoption proceedings,
10 a delayed record shall not be required.
11 (4) When a new certificate of birth is established by
12 the State Registrar of Vital Records, all copies of the
13 original certificate of birth in the custody of any custodian
14 of permanent local records in this State shall be transmitted
15 to the State Registrar of Vital Records as directed, and
16 shall be sealed from inspection.
17 (5) Nothing in this Section shall be construed to
18 prohibit the amendment of a birth certificate in accordance
19 with subsection (6) of Section 22.
20 (Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626,
21 eff. 8-9-96.)
22 (410 ILCS 535/22) (from Ch. 111 1/2, par. 73-22)
23 Sec. 22. (1) A certificate or record filed under this
24 Act may be amended only in accordance with this Act and such
25 regulations as the Department may adopt to protect the
26 integrity of vital records. An application for an amendment
27 shall be accompanied by a fee of $15 which includes the
28 provision of one certification or certified copy of the
29 amended birth record. If the request is for additional
30 copies, it shall be accompanied by a fee of $2 for each
31 additional certification or certified copy. Such amendments
32 may only be made in connection with the original certificates
33 and may not be made on copies of such certificates without
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1 the approval of the State Registrar of Vital Records. The
2 provisions of this Section shall also be applicable to a
3 certificate or record filed under any former Act relating to
4 the registration of births, stillbirths, and deaths. Any
5 original certificate or record filed with the county clerk
6 prior to January 1, 1916, may be amended by the county clerk
7 under the same provisions of this Section, or regulations
8 adopted pursuant thereto, as apply to the State Registrar of
9 Vital Records governing amendments to certificates or records
10 filed with the Department subsequent to December 31, 1915.
11 (2) A certificate that is amended under this Section
12 after its filing shall have the correction entered on its
13 face; shall clearly indicate that an amendment has been made;
14 and shall show the date of the amendment. A summary
15 description of the evidence submitted in support of an
16 amendment shall be permanently retained by the Department
17 either as an original record or in microphotographic form.
18 Documents from which such summary descriptions are made may
19 be returned by the Department to the person or persons
20 submitting them. The Department shall prescribe by
21 regulation the conditions under which, within one year after
22 the date of occurrence, additions or minor corrections may be
23 made without the certificate being considered amended.
24 (3) An amendment to a delayed birth registration
25 established under the provisions of Section 15 of this Act
26 may be made by the State Registrar of Vital Records only upon
27 the basis of an order from the court which originally
28 established the facts of birth.
29 (4) Upon receipt of a certified copy of a court order
30 changing the name or names of a person born in this State,
31 the official custodian shall amend the original certificate
32 of birth to reflect the changes.
33 (5) (Blank).
34 (6) When the paternity of a child with a certificate of
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1 birth on file in this State is established through voluntary
2 acknowledgment or by a court or administrative agency under
3 the laws of this or any other state Illinois Department of
4 Public Aid establishes paternity based on a voluntary
5 acknowledgement of paternity of a child by the child's mother
6 and alleged father under Section 10-17.7 of the Illinois
7 Public Aid Code, the State Registrar of Vital Records shall
8 amend the original record accordingly, upon notification from
9 a circuit court of this State or the Illinois Department of
10 Public Aid, or upon receipt of a certified copy of another
11 state's acknowledgment or judicial or administrative
12 determination of paternity.
13 (7) Notwithstanding any other provision of this Act, if
14 an adopted person applies in accordance with this Section for
15 the amendment of the name on his or her birth certificate,
16 the State Registrar shall amend the birth certificate if the
17 person provides documentation or other evidence supporting
18 the application that would be deemed sufficient if the
19 documentation or evidence had been submitted in support of an
20 application by a person who has not been adopted.
21 (8) When paternity has been established after the birth
22 in accordance with Section 12, the State Registrar of Vital
23 Records shall amend the original record accordingly.
24 (9) Upon application by the parents not later than one
25 year after an acknowledgment of parentage under this Act or
26 the Illinois Public Aid Code or a judicial or administrative
27 determination or establishment of paternity or parentage, the
28 State Registrar of Vital Records shall amend the child's name
29 on the child's certificate of birth in accordance with the
30 application. No more than one application to change a
31 child's name may be made under this subsection (9).
32 (10) When a certificate is amended by the State
33 Registrar of Vital Records under this Section, the State
34 Registrar of Vital Records shall furnish a copy of the
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1 summary description to the custodian of any permanent local
2 records and such records shall be amended accordingly.
3 (Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626,
4 eff. 8-9-96; 89-641, eff. 8-9-96.)
5 (410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24)
6 Sec. 24. (1) To protect the integrity of vital records,
7 to insure their proper use, and to insure the efficient and
8 proper administration of the vital records system, access to
9 vital records, and indexes thereof, including vital records
10 in the custody of local registrars and county clerks
11 originating prior to January 1, 1916, is limited to the
12 custodian and his employees, and then only for administrative
13 purposes, except that the indexes of those records in the
14 custody of local registrars and county clerks, originating
15 prior to January 1, 1916, shall be made available to persons
16 for the purpose of genealogical research. Original,
17 photographic or microphotographic reproductions of original
18 records of births 100 years old and older and deaths 50 years
19 old and older, and marriage records 75 years old and older on
20 file in the State Office of Vital Records and in the custody
21 of the county clerks may be made available for inspection in
22 the Illinois State Archives reference area, Illinois Regional
23 Archives Depositories, and other libraries approved by the
24 Illinois State Registrar and the Director of the Illinois
25 State Archives, provided that the photographic or
26 microphotographic copies are made at no cost to the county or
27 to the State of Illinois. It is unlawful for any custodian
28 to permit inspection of, or to disclose information contained
29 in, vital records, or to copy or permit to be copied, all or
30 part of any such record except as authorized by this Act or
31 regulations adopted pursuant thereto.
32 (2) The State Registrar of Vital Records, or his agent,
33 and any municipal, county, multi-county, public health
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1 district, or regional health officer recognized by the
2 Department may examine vital records for the purpose only of
3 carrying out the public health programs and responsibilities
4 under his jurisdiction.
5 (3) The State Registrar of Vital Records, may disclose,
6 or authorize the disclosure of, data contained in the vital
7 records when deemed essential for bona fide research purposes
8 which are not for private gain.
9 This amendatory Act of 1973 does not apply to any home
10 rule unit.
11 (4) The State Registrar shall exchange with the Illinois
12 Department of Public Aid information that may be necessary
13 for the establishment of paternity and the establishment,
14 modification, and enforcement of child support orders entered
15 pursuant to the Illinois Public Aid Code, the Illinois
16 Marriage and Dissolution of Marriage Act, the Non-Support of
17 Spouse and Children Act, the Revised Uniform Reciprocal
18 Enforcement of Support Act, the Uniform Interstate Family
19 Support Act, or the Illinois Parentage Act of 1984.
20 Notwithstanding any provisions in this Act to the contrary,
21 the State Registrar shall not be liable to any person for any
22 disclosure of information to the Illinois Department of
23 Public Aid under this subsection or for any other action
24 taken in good faith to comply with the requirements of this
25 subsection.
26 (Source: P.A. 86-572; 87-1058.)
27 Section 80. The Illinois Vehicle Code is amended by
28 adding Section 2-109.1 as follows:
29 (625 ILCS 5/2-109.1 new)
30 Sec. 2-109.1. Exchange of information.
31 (a) The Secretary of State shall exchange information
32 with the Illinois Department of Public Aid which may be
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1 necessary for the establishment of paternity and the
2 establishment, modification, and enforcement of child support
3 orders pursuant to the Illinois Public Aid Code, the Illinois
4 Marriage and Dissolution of Marriage Act, the Non-Support of
5 Spouse and Children Act, the Revised Uniform Reciprocal
6 Enforcement of Support Act, the Uniform Interstate Family
7 Support Act, or the Illinois Parentage Act of 1984.
8 (b) Notwithstanding any provisions in this Code to the
9 contrary, the Secretary of State shall not be liable to any
10 person for any disclosure of information to the Illinois
11 Department of Public Aid under subsection (a) or for any
12 other action taken in good faith to comply with the
13 requirements of subsection (a).
14 Section 85. The Unified Code of Corrections is amended
15 by adding Section 3-5-4 as follows:
16 (730 ILCS 5/3-5-4 new)
17 Sec. 3-5-4. Exchange of information for child support
18 enforcement.
19 (a) The Department shall exchange with the Illinois
20 Department of Public Aid information that may be necessary
21 for the enforcement of child support orders entered pursuant
22 to the Illinois Public Aid Code, the Illinois Marriage and
23 Dissolution of Marriage Act, the Non-Support of Spouse and
24 Children Act, the Revised Uniform Reciprocal Enforcement of
25 Support Act, the Uniform Interstate Family Support Act, or
26 the Illinois Parentage Act of 1984.
27 (b) Notwithstanding any provisions in this Code to the
28 contrary, the Department shall not be liable to any person
29 for any disclosure of information to the Illinois Department
30 of Public Aid under subsection (a) or for any other action
31 taken in good faith to comply with the requirements of
32 subsection (a).
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1 Section 90. The Code of Civil Procedure is amended by
2 changing Sections 2-1401, 12-101, 12-108, and 12-652 as
3 follows:
4 (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
5 Sec. 2-1401. Relief from judgments. (a) Relief from
6 final orders and judgments, after 30 days from the entry
7 thereof, may be had upon petition as provided in this
8 Section. Writs of error coram nobis and coram vobis, bills of
9 review and bills in the nature of bills of review are
10 abolished. All relief heretofore obtainable and the grounds
11 for such relief heretofore available, whether by any of the
12 foregoing remedies or otherwise, shall be available in every
13 case, by proceedings hereunder, regardless of the nature of
14 the order or judgment from which relief is sought or of the
15 proceedings in which it was entered. Except as provided in
16 Section 6 of the Illinois Parentage Act of 1984, there shall
17 be no distinction between actions and other proceedings,
18 statutory or otherwise, as to availability of relief, grounds
19 for relief or the relief obtainable.
20 (b) The petition must be filed in the same proceeding in
21 which the order or judgment was entered but is not a
22 continuation thereof. The petition must be supported by
23 affidavit or other appropriate showing as to matters not of
24 record. All parties to the petition shall be notified as
25 provided by rule.
26 (c) Except as provided in Section 20b of the Adoption
27 Act, the petition must be filed not later than 2 years after
28 the entry of the order or judgment. Time during which the
29 person seeking relief is under legal disability or duress or
30 the ground for relief is fraudulently concealed shall be
31 excluded in computing the period of 2 years.
32 (d) The filing of a petition under this Section does not
33 affect the order or judgment, or suspend its operation.
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1 (e) Unless lack of jurisdiction affirmatively appears
2 from the record proper, the vacation or modification of an
3 order or judgment pursuant to the provisions of this Section
4 does not affect the right, title or interest in or to any
5 real or personal property of any person, not a party to the
6 original action, acquired for value after the entry of the
7 order or judgment but before the filing of the petition, nor
8 affect any right of any person not a party to the original
9 action under any certificate of sale issued before the filing
10 of the petition, pursuant to a sale based on the order or
11 judgment.
12 (f) Nothing contained in this Section affects any
13 existing right to relief from a void order or judgment, or to
14 employ any existing method to procure that relief.
15 (Source: P.A. 88-550, eff. 7-3-94.)
16 (735 ILCS 5/12-101) (from Ch. 110, par. 12-101)
17 Sec. 12-101. Lien of judgment. With respect to the
18 creation of liens on real estate by judgments, all real
19 estate in the State of Illinois is divided into 2 classes.
20 The first class consists of all real property, the title
21 to which is registered under "An Act concerning land titles",
22 approved May 1, 1897, as amended.
23 The second class consists of all real property not
24 registered under "An Act concerning land titles".
25 As to real estate in class one, a judgment is a lien on
26 the real estate of the person against whom it is entered for
27 the same period as in class two, when Section 85 of "An Act
28 concerning land titles", has been complied with.
29 As to real estate included within class two, a judgment,
30 including judgments resulting from entry of orders requiring
31 child support payments, is a lien on the real estate of the
32 person against whom it is entered in any county in this
33 State, including the county in which it is entered, only from
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1 the time a transcript, certified copy or memorandum of the
2 judgment is filed in the office of the recorder in the county
3 in which the real estate is located. A judgment resulting
4 from the entry of an order requiring child support payments
5 shall be a lien upon the real estate of the person obligated
6 to make the child support payments, but shall not be
7 enforceable in any county of this State until a transcript,
8 certified copy, or memorandum of the lien is filed in the
9 office of the recorder in the county in which the real estate
10 is located. Any lien hereunder arising out of an order for
11 support shall be a lien only as to and from the time that an
12 installment or payment is due under the terms of the order.
13 Further, the order for support shall not be a lien on real
14 estate to the extent of payments made as evidenced by the
15 records of the Clerk of the Circuit Court or State agency
16 receiving payments pursuant to the order. In the event
17 payments made pursuant to that order are not paid to the
18 Clerk of the Circuit Court or a State agency, then each lien
19 imposed by this Section may be released in the following
20 manner:
21 (a) A Notice of Filing and an affidavit stating
22 that all installments of child support required to be
23 paid pursuant to the order under which the lien or liens
24 were imposed have been paid shall be filed with the
25 office of recorder in each county in which each such lien
26 appears of record, together with proof of service of such
27 notice and affidavit upon the recipient of such payments.
28 (b) Service of such affidavit shall be by any means
29 authorized under Sections 2-203 and 2-208 of the Code of
30 Civil Procedure or under Supreme Court Rules 11 or
31 105(b).
32 (c) The Notice of Filing shall set forth the name
33 and address of the judgment debtor and the judgment
34 creditor, the court file number of the order giving rise
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1 to the judgment and, in capital letters, the following
2 statement:
3 YOU ARE HEREBY NOTIFIED THAT ON...., 19..,THE ATTACHED
4 AFFIDAVIT WAS FILED IN THE OFFICE OF THE RECORDER OF....
5 COUNTY, ILLINOIS, WHOSE ADDRESS IS........, ILLINOIS. IF,
6 WITHIN 28 DAYS OF THE DATE OF THIS NOTICE, YOU FAIL TO FILE
7 AN AFFIDAVIT OBJECTING TO THE RELEASE OF THE STATED JUDGMENT
8 LIEN OR LIENS, IN THE ABOVE OFFICE, SUCH JUDGMENT LIEN WILL
9 BE DEEMED TO BE RELEASED AND NO LONGER SUBJECT TO
10 FORECLOSURE. THIS RELEASE OF LIEN WILL NOT ACT AS A
11 SATISFACTION OF SUCH JUDGMENT.
12 (d) If no affidavit objecting to the release of the
13 lien or liens is filed within 28 days of the Notice
14 described in paragraph (c) of this Section such lien or
15 liens shall be deemed to be released and no longer
16 subject to foreclosure.
17 A judgment is not a lien on real estate for longer than 7
18 years from the time it is entered or revived.
19 When a judgment is revived it is a lien on the real
20 estate of the person against whom it was entered in any
21 county in this State from the time a transcript, certified
22 copy or memorandum of the order of revival is filed in the
23 office of the recorder in the county in which the real estate
24 is located.
25 A foreign judgment registered pursuant to Sections 12-601
26 through 12-618 of this Act is a lien upon the real estate of
27 the person against whom it was entered only from the time (1)
28 a certified copy of the verified petition for registration of
29 the foreign judgment or (2) a transcript, certified copy or
30 memorandum of the final judgment of the court of this State
31 entered on that foreign judgment is filed in the office of
32 the recorder in the county in which the real estate is
33 located. However, no such judgment shall be a lien on any
34 real estate registered under "An Act concerning land titles",
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1 as amended, until Section 85 of that Act has been complied
2 with.
3 The release of any transcript, certified copy or
4 memorandum of judgment or order of revival which has been
5 recorded shall be filed by the person receiving the release
6 in the office of the recorder in which such judgment or order
7 has been recorded.
8 Such release shall contain in legible letters a statement
9 as follows:
10 FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL BE
11 FILED WITH THE RECORDER OR THE REGISTRAR OF TITLES
12 IN WHOSE OFFICE THE LIEN WAS FILED.
13 The term "memorandum" as used in this Section means a
14 memorandum or copy of the judgment signed by a judge or a
15 copy attested by the clerk of the court entering it and
16 showing the court in which entered, date, amount, number of
17 the case in which it was entered, name of the party in whose
18 favor and name and last known address of the party against
19 whom entered. If the address of the party against whom the
20 judgment was entered is not known, the memorandum or copy of
21 judgment shall so state.
22 The term "memorandum" as used in this Section also means
23 a memorandum or copy of a child support order signed by a
24 judge or a copy attested by the clerk of the court entering
25 it or a copy attested by the administrative body entering it.
26 This Section shall not be construed as showing an
27 intention of the legislature to create a new classification
28 of real estate, but shall be construed as showing an
29 intention of the legislature to continue a classification
30 already existing.
31 (Source: P.A. 85-1156; 86-1329.)
32 (735 ILCS 5/12-108) (from Ch. 110, par. 12-108)
33 Sec. 12-108. Limitation on enforcement. (a) Except as
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1 herein provided, no judgment shall be enforced after the
2 expiration of 7 years from the time the same is rendered,
3 except upon the revival of the same by a proceeding provided
4 by Section 2-1601 of this Act; but real estate, levied upon
5 within the 7 years, may be sold to enforce the judgment at
6 any time within one year after the expiration of the 7 years.
7 A judgment recovered in an action for damages for an injury
8 described in Section 13-214.1 may be enforced at any time.
9 Child support judgments, including those arising by operation
10 of law, may be enforced at any time.
11 (b) No judgment shall be enforced against a police
12 officer employed by a municipality if the corporate authority
13 of the municipality files with the clerk of the court in
14 which the judgment was entered a statement certifying: (1)
15 such police officer was employed by the municipality and was
16 within the scope and course of his employment at the time of
17 the occurrence giving rise to the action in which the
18 judgment is entered and (2) the municipality indemnifies the
19 police officer in the amount of the judgment and interest
20 thereon. In such event, the judgment creditor may enforce
21 the judgment against the municipality in the same manner and
22 to the same extent as if the municipality were the judgment
23 debtor.
24 (Source: P.A. 85-293.)
25 (735 ILCS 5/12-652) (from Ch. 110, par. 12-652)
26 Sec. 12-652. Filing and Status of Foreign Judgments.
27 (a) A copy of any foreign judgment authenticated in
28 accordance with the acts of Congress or the statutes of this
29 State may be filed in the office of the circuit clerk for any
30 county of this State. The clerk shall treat the foreign
31 judgment in the same manner as a judgment of the circuit
32 court for any county of this State. A judgment so filed has
33 the same effect and is subject to the same procedures,
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1 defenses and proceedings for reopening, vacating, or staying
2 as a judgment of a circuit court for any county of this State
3 and may be enforced or satisfied in like manner.
4 (b) A foreign judgment or lien arising by operation of
5 law, and resulting from an order requiring child support
6 payments shall be entitled to full faith and credit in this
7 State, shall be enforceable in the same manner as any
8 judgment or lien of this State resulting from an order
9 requiring child support payments, and shall not be required
10 to be filed with the office of the circuit clerk in any
11 county of this State, except as provided for in Sections
12 10-25 and 10-25.5 of the Illinois Public Aid Code.
13 (Source: P.A. 87-358; 87-895.)
14 Section 95. The Uniform Fraudulent Transfer Act is
15 amended by changing Section 2 as follows:
16 (740 ILCS 160/2) (from Ch. 59, par. 102)
17 Sec. 2. As used in this Act:
18 (a) "Affiliate" means:
19 (1) a person who directly or indirectly owns, controls,
20 or holds with power to vote, 20% or more of the outstanding
21 voting securities of the debtor, other than a person who
22 holds the securities,
23 (A) as a fiduciary or agent without sole discretionary
24 power to vote the securities; or
25 (B) solely to secure a debt, if the person has not
26 exercised the power to vote;
27 (2) a corporation with 20% or more outstanding voting
28 securities which are directly or indirectly owned,
29 controlled, or held with power to vote, by the debtor or a
30 person who directly or indirectly owns, controls, or holds
31 with power to vote, 20% or more of the outstanding voting
32 securities of the debtor, other than a person who holds the
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1 securities,
2 (A) as a fiduciary or agent without sole power to vote
3 the securities; or
4 (B) solely to secure a debt, if the person has not in
5 fact exercised the power to vote;
6 (3) a person whose business is operated by the debtor
7 under a lease or other agreement, or a person substantially
8 all of whose assets are controlled by the debtor; or
9 (4) a person who operates the debtor's business under a
10 lease or other agreement or controls substantially all of the
11 debtor's assets.
12 (b) "Asset" means property of a debtor, but the term
13 does not include:
14 (1) property to the extent it is encumbered by a valid
15 lien;
16 (2) property to the extent it is generally exempt under
17 laws of this State; or
18 (3) an interest in property held in tenancy by the
19 entireties to the extent it is not subject to process by a
20 creditor holding a claim against only one tenant.
21 (c) "Claim" means a right to payment, whether or not the
22 right is reduced to judgment, liquidated, unliquidated,
23 fixed, contingent, matured, unmatured, disputed, undisputed,
24 legal, equitable, secured, or unsecured.
25 (d) "Creditor" means a person who has a claim, including
26 a claim for past-due child support.
27 (e) "Debt" means liability on a claim.
28 (f) "Debtor" means a person who is liable on a claim.
29 (g) "Insider" includes:
30 (1) if the debtor is an individual,
31 (A) a relative of the debtor or of a general partner of
32 the debtor;
33 (B) a partnership in which the debtor is a general
34 partner;
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1 (C) a general partner in a partnership described in
2 clause (B); or
3 (D) a corporation of which the debtor is a director,
4 officer, or person in control;
5 (2) if the debtor is a corporation,
6 (A) a director of the debtor;
7 (B) an officer of the debtor;
8 (C) a person in control of the debtor;
9 (D) a partnership in which the debtor is a general
10 partner;
11 (E) a general partner in a partnership described in
12 clause (D); or
13 (F) a relative of a general partner, director, officer,
14 or person in control of the debtor;
15 (3) if the debtor is a partnership,
16 (A) a general partner in the debtor;
17 (B) a relative of a general partner in, a general
18 partner of, or a person in control of the debtor;
19 (C) another partnership in which the debtor is a general
20 partner;
21 (D) a general partner in a partnership described in
22 clause (C); or
23 (E) a person in control of the debtor;
24 (4) an affiliate, or an insider of an affiliate as if
25 the affiliate were the debtor; and
26 (5) a managing agent of the debtor.
27 (h) "Lien" means a charge against or an interest in
28 property to secure payment of a debt or performance of an
29 obligation, and includes a security interest created by
30 agreement, a judicial lien obtained by legal or equitable
31 process or proceedings, a common-law lien, or a statutory
32 lien.
33 (i) "Person" means an individual, partnership,
34 corporation, association, organization, government or
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1 governmental subdivision or agency, business trust, estate,
2 trust, or any other legal or commercial entity.
3 (j) "Property" means anything that may be the subject of
4 ownership.
5 (k) "Relative" means an individual related by
6 consanguinity within the third degree as determined by the
7 common law, a spouse, or an individual related to a spouse
8 within the third degree as so determined, and includes an
9 individual in an adoptive relationship within the third
10 degree.
11 (l) "Transfer" means every mode, direct or indirect,
12 absolute or conditional, voluntary or involuntary, of
13 disposing of or parting with an asset or an interest in an
14 asset, and includes payment of money, release, lease, and
15 creation of a lien or other encumbrance.
16 (m) "Valid lien" means a lien that is effective against
17 the holder of a judicial lien subsequently obtained by legal
18 or equitable process or proceedings.
19 (Source: P.A. 86-814.)
20 Section 100. The Illinois Marriage and Dissolution of
21 Marriage Act is amended by changing Sections 505, 505.1,
22 505.2, 507, 705, 706.1, and 707 as follows:
23 (750 ILCS 5/505) (from Ch. 40, par. 505)
24 Sec. 505. Child support; contempt; penalties.
25 (a) In a proceeding for dissolution of marriage, legal
26 separation, declaration of invalidity of marriage, a
27 proceeding for child support following dissolution of the
28 marriage by a court which lacked personal jurisdiction over
29 the absent spouse, a proceeding for modification of a
30 previous order for child support under Section 510 of this
31 Act, or any proceeding authorized under Section 501 or 601 of
32 this Act, the court may order either or both parents owing a
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1 duty of support to a child of the marriage to pay an amount
2 reasonable and necessary for his support, without regard to
3 marital misconduct. The duty of support owed to a minor
4 child includes the obligation to provide for the reasonable
5 and necessary physical, mental and emotional health needs of
6 the child.
7 (1) The Court shall determine the minimum amount of
8 support by using the following guidelines:
9 Number of Children Percent of Supporting Party's
10 Net Income
11 1 20%
12 2 25%
13 3 32%
14 4 40%
15 5 45%
16 6 or more 50%
17 (2) The above guidelines shall be applied in each
18 case unless the court makes a finding that application of
19 the guidelines would be inappropriate, after considering
20 the best interests of the child in light of evidence
21 including but not limited to one or more of the following
22 relevant factors:
23 (a) the financial resources and needs of the
24 child;
25 (b) the financial resources and needs of the
26 custodial parent;
27 (c) the standard of living the child would
28 have enjoyed had the marriage not been dissolved;
29 (d) the physical and emotional condition of
30 the child, and his educational needs; and
31 (e) the financial resources and needs of the
32 non-custodial parent.
33 If the court deviates from the guidelines, the
34 court's finding shall state the amount of support that
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1 would have been required under the guidelines, if
2 determinable. The court shall include the reason or
3 reasons for the variance from the guidelines.
4 (3) "Net income" is defined as the total of all
5 income from all sources, minus the following deductions:
6 (a) Federal income tax (properly calculated
7 withholding or estimated payments);
8 (b) State income tax (properly calculated
9 withholding or estimated payments);
10 (c) Social Security (FICA payments);
11 (d) Mandatory retirement contributions
12 required by law or as a condition of employment;
13 (e) Union dues;
14 (f) Dependent and individual
15 health/hospitalization insurance premiums;
16 (g) Prior obligations of support or
17 maintenance actually paid pursuant to a court order;
18 (h) Expenditures for repayment of debts that
19 represent reasonable and necessary expenses for the
20 production of income, medical expenditures necessary
21 to preserve life or health, reasonable expenditures
22 for the benefit of the child and the other parent,
23 exclusive of gifts. The court shall reduce net
24 income in determining the minimum amount of support
25 to be ordered only for the period that such payments
26 are due and shall enter an order containing
27 provisions for its self-executing modification upon
28 termination of such payment period.
29 (4) In cases where the court order provides for
30 health/hospitalization insurance coverage pursuant to
31 Section 505.2 of this Act, the premiums for that
32 insurance, or that portion of the premiums for which the
33 supporting party is responsible in the case of insurance
34 provided through an employer's health insurance plan
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1 where the employer pays a portion of the premiums, shall
2 be subtracted from net income in determining the minimum
3 amount of support to be ordered.
4 (4.5) In a proceeding for child support following
5 dissolution of the marriage by a court that lacked
6 personal jurisdiction over the absent spouse, and in
7 which the court is requiring payment of support for the
8 period before the date an order for current support is
9 entered, there is a rebuttable presumption that the
10 supporting party's net income for the prior period was
11 the same as his or her net income at the time the order
12 for current support is entered.
13 (5) If the net income cannot be determined because
14 of default or any other reason, the court shall order
15 support in an amount considered reasonable in the
16 particular case. The final order in all cases shall
17 state the support level in dollar amounts.
18 (b) Failure of either parent to comply with an order to
19 pay support shall be punishable as in other cases of
20 contempt. In addition to other penalties provided by law the
21 Court may, after finding the parent guilty of contempt, order
22 that the parent be:
23 (1) placed on probation with such conditions of
24 probation as the Court deems advisable;
25 (2) sentenced to periodic imprisonment for a period
26 not to exceed 6 months; provided, however, that the Court
27 may permit the parent to be released for periods of time
28 during the day or night to:
29 (A) work; or
30 (B) conduct a business or other self-employed
31 occupation.
32 The Court may further order any part or all of the
33 earnings of a parent during a sentence of periodic
34 imprisonment paid to the Clerk of the Circuit Court or to the
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1 parent having custody or to the guardian having custody of
2 the minor children of the sentenced parent for the support of
3 said minor children until further order of the Court.
4 The court may also order in cases where the parent is 90
5 days or more delinquent in payment of support or has been
6 adjudicated in arrears in an amount equal to 90 days
7 obligation or more, that the parent's Illinois driving
8 privileges be suspended until the court determines that the
9 parent is in compliance with the order of support. The court
10 may also order that the parent be issued a family financial
11 responsibility driving permit that would allow limited
12 driving privileges for employment and medical purposes in
13 accordance with Section 7-702.1 of the Illinois Vehicle Code.
14 The clerk of the circuit court shall certify the order
15 suspending the driving privileges of the parent or granting
16 the issuance of a family financial responsibility driving
17 permit to the Secretary of State on forms prescribed by the
18 Secretary. Upon receipt of the authenticated documents, the
19 Secretary of State shall suspend the parent's driving
20 privileges until further order of the court and shall, if
21 ordered by the court, subject to the provisions of Section
22 7-702.1 of the Illinois Vehicle Code, issue a family
23 financial responsibility driving permit to the parent.
24 (c) A one-time charge of 20% is imposable upon the
25 amount of past-due child support owed on July 1, 1988 which
26 has accrued under a support order entered by the court. The
27 charge shall be imposed in accordance with the provisions of
28 Section 10-21 of the Illinois Public Aid Code and shall be
29 enforced by the court upon petition.
30 (d) Any new or existing support order entered by the
31 court under this Section shall be deemed to be a series of
32 judgments against the person obligated to pay support
33 thereunder, each such judgment to be in the amount of each
34 payment or installment of support and each such judgment to
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1 be deemed entered as of the date the corresponding payment or
2 installment becomes due under the terms of the support order.
3 Each such judgment shall have the full force, effect and
4 attributes of any other judgment of this State, including the
5 ability to be enforced. A lien arises by operation of law
6 against the real and personal property of the noncustodial
7 parent for each installment of overdue support owed by the
8 noncustodial parent.
9 (e) When child support is to be paid through the clerk
10 of the court in a county of 1,000,000 inhabitants or less,
11 the order shall direct the obligor to pay to the clerk, in
12 addition to the child support payments, all fees imposed by
13 the county board under paragraph (3) of subsection (u) of
14 Section 27.1 of the Clerks of Courts Act. Unless paid in
15 cash or pursuant to an order for withholding, the payment of
16 the fee shall be by a separate instrument from the support
17 payment and shall be made to the order of the Clerk.
18 (f) All orders An order for support, when entered or
19 modified, in a case in which a party is receiving child and
20 spouse support services under Article X of the Illinois
21 Public Aid Code shall include a provision requiring the
22 obligor to notify the court and, in cases in which a party is
23 receiving child and spouse services under Article X of the
24 Illinois Public Aid Code, the Illinois Department of Public
25 Aid, within 7 days, (i) of the name and address of any new
26 employer of the obligor, (ii) whether the obligor has access
27 to health insurance coverage through the employer or other
28 group coverage, and, (iii) if so, the policy name and number
29 and the names of persons covered under the policy, and (iii)
30 of any new residential or mailing address or telephone number
31 of the non-custodial parent. In any subsequent action to
32 enforce a support order, upon a sufficient showing that a
33 diligent effort has been made to ascertain the location of
34 the non-custodial parent, service of process or provision of
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1 notice necessary in the case may be made at the last known
2 address of the non-custodial parent in any manner expressly
3 provided by the Code of Civil Procedure or this Act, which
4 service shall be sufficient for purposes of due process.
5 (g) An order for support shall include a date on which
6 the current support obligation terminates. The termination
7 date shall be no earlier than the date on which the child
8 covered by the order will attain the age of majority or is
9 otherwise emancipated. The order for support shall state that
10 the termination date does not apply to any arrearage that may
11 remain unpaid on that date. Nothing in this subsection shall
12 be construed to prevent the court from modifying the order.
13 (Source: P.A. 88-307; 88-687, eff. 1-24-95; 89-88, eff.
14 6-30-95; 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.)
15 (750 ILCS 5/505.1) (from Ch. 40, par. 505.1)
16 Sec. 505.1. (a) Whenever it is determined in a
17 proceeding to establish or enforce a child support or
18 maintenance obligation that the person owing a duty of
19 support is unemployed, the court may order the person to seek
20 employment and report periodically to the court with a diary,
21 listing or other memorandum of his or her efforts in
22 accordance with such order. Additionally, the court may order
23 the unemployed person to report to the Department of
24 Employment Security for job search services or to make
25 application with the local Jobs Training Partnership Act
26 provider for participation in job search, training or work
27 programs and where the duty of support is owed to a child
28 receiving support services under Article X of The Illinois
29 Public Aid Code, as amended, the court may order the
30 unemployed person to report to the Illinois Department of
31 Public Aid for participation in job search, training or work
32 programs established under Section 9-6 and Article IXA of
33 that Code.
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1 (b) Whenever it is determined that a person owes
2 past-due support for a child or for a child and the parent
3 with whom the child is living, and the child is receiving
4 assistance under the Illinois Public Aid Code, the court
5 shall order at the request of the Illinois Department of
6 Public Aid:
7 (1) that the person pay the past-due support in
8 accordance with a plan approved by the court; or
9 (2) if the person owing past-due support is
10 unemployed, is subject to such a plan, and is not
11 incapacitated, that the person participate in such job
12 search, training, or work programs established under
13 Section 9-6 and Article IXA of the Illinois Public Aid
14 Code as the court deems appropriate.
15 (Source: P.A. 85-1155.)
16 (750 ILCS 5/505.2) (from Ch. 40, par. 505.2)
17 (Text of Section before amendment by P.A. 89-507)
18 Sec. 505.2. Health insurance.
19 (a) Definitions. As used in this Section:
20 (1) "Obligee" means the individual to whom the duty
21 of support is owed or the individual's legal
22 representative.
23 (2) "Obligor" means the individual who owes a duty
24 of support pursuant to an order for support.
25 (3) "Public office" means any elected official or
26 any State or local agency which is or may become
27 responsible by law for enforcement of, or which is or may
28 become authorized to enforce, an order for support,
29 including, but not limited to: the Attorney General, the
30 Illinois Department of Public Aid, the Illinois
31 Department of Mental Health and Developmental
32 Disabilities, the Illinois Department of Children and
33 Family Services, and the various State's Attorneys,
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1 Clerks of the Circuit Court and supervisors of general
2 assistance.
3 (b) Order.
4 (1) Whenever the court establishes, modifies or
5 enforces an order for child support or for child support
6 and maintenance the court shall, upon request of the
7 obligee or Public Office, order that any child covered by
8 the order be named as a beneficiary of any health
9 insurance plan that is available to the obligor through
10 an employer or labor union or trade union. If the court
11 finds that such a plan is not available to the obligor,
12 or that the plan is not accessible to the obligee, the
13 court may, upon request of the obligee or Public Office,
14 order the obligor to name the child covered by the order
15 as a beneficiary of any health insurance plan that is
16 available to the obligor on a group basis, or as a
17 beneficiary of an independent health insurance plan to be
18 obtained by the obligor, after considering the following
19 factors:
20 (A) the medical needs of the child;
21 (B) the availability of a plan to meet those
22 needs; and
23 (C) the cost of such a plan to the obligor.
24 (2) If the employer or labor union or trade union
25 offers more than one plan, the order shall require the
26 obligor to name the child as a beneficiary of the plan in
27 which the obligor is enrolled.
28 (3) Nothing in this Section shall be construed to
29 limit the authority of the court to establish or modify a
30 support order to provide for payment of expenses,
31 including deductibles, copayments and any other health
32 expenses, which are in addition to expenses covered by an
33 insurance plan of which a child is ordered to be named a
34 beneficiary pursuant to this Section.
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1 (c) Implementation and enforcement.
2 (1) When the court order requires that a minor
3 child be named as a beneficiary of a health insurance
4 plan, other than a health insurance plan available
5 through an employer or labor union or trade union, the
6 obligor shall provide written proof to the obligee or
7 Public Office that the required insurance has been
8 obtained, or that application for insurability has been
9 made, within 30 days of receiving notice of the court
10 order. Unless the obligor was present in court when the
11 order was issued, notice of the order shall be given
12 pursuant to Illinois Supreme Court Rules. If an obligor
13 fails to provide the required proof, he may be held in
14 contempt of court.
15 (2) When the court requires that a minor child be
16 named as a beneficiary of a health insurance plan
17 available through an employer or labor union or trade
18 union, the court's order shall be implemented in
19 accordance with Section 706.1, as now or hereafter
20 amended.
21 (d) Failure to maintain insurance. The dollar amount of
22 the premiums for court-ordered health insurance, or that
23 portion of the premiums for which the obligor is responsible
24 in the case of insurance provided under a group health
25 insurance plan through an employer or labor union or trade
26 union where the employer or labor union or trade union pays a
27 portion of the premiums, shall be considered an additional
28 child support obligation owed by the obligor. Whenever the
29 obligor fails to provide or maintain health insurance
30 pursuant to an order for support, the obligor shall be liable
31 to the obligee for the dollar amount of the premiums which
32 were not paid, and shall also be liable for all medical
33 expenses incurred by the minor child which would have been
34 paid or reimbursed by the health insurance which the obligor
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1 was ordered to provide or maintain. In addition, the obligee
2 may petition the court to modify the order based solely on
3 the obligor's failure to pay the premiums for court-ordered
4 health insurance.
5 (e) Authorization for payment. The signature of the
6 obligee is a valid authorization to the insurer to process a
7 claim for payment under the insurance plan to the provider of
8 the health care services or to the obligee.
9 (f) Disclosure of information. The obligor's employer
10 or labor union or trade union shall disclose to the obligee
11 or Public Office, upon request, information concerning any
12 dependent coverage plans which would be made available to a
13 new employee or labor union member or trade union member.
14 The employer or labor union or trade union shall disclose
15 such information whether or not a court order for medical
16 support has been entered.
17 (g) Employer obligations. If a parent is required by an
18 order for support to provide coverage for a child's health
19 care expenses and if that coverage is available to the parent
20 through an employer who does business in this State, the
21 employer must do all of the following upon receipt of a copy
22 of the order of support or order for withholding:
23 (1) The employer shall, upon the parent's request,
24 permit the parent to include in that coverage a child who
25 is otherwise eligible for that coverage, without regard
26 to any enrollment season restrictions that might
27 otherwise be applicable as to the time period within
28 which the child may be added to that coverage.
29 (2) If the parent has health care coverage through
30 the employer but fails to apply for coverage of the
31 child, the employer shall include the child in the
32 parent's coverage upon application by the child's other
33 parent or the Illinois Department of Public Aid.
34 (3) The employer may not eliminate any child from
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1 the parent's health care coverage unless the employee is
2 no longer employed by the employer and no longer covered
3 under the employer's group health plan or unless the
4 employer is provided with satisfactory written evidence
5 of either of the following:
6 (A) The order for support is no longer in
7 effect.
8 (B) The child is or will be included in a
9 comparable health care plan obtained by the parent
10 under such order that is currently in effect or will
11 take effect no later than the date the prior
12 coverage is terminated.
13 The employer may eliminate a child from a parent's
14 health care plan obtained by the parent under such order
15 if the employer has eliminated dependent health care
16 coverage for all of its employees.
17 (Source: P.A. 89-183, eff. 1-1-96; 89-626, eff. 8-9-96.)
18 (Text of Section after amendment by P.A. 89-507)
19 Sec. 505.2. Health insurance.
20 (a) Definitions. As used in this Section:
21 (1) "Obligee" means the individual to whom the duty
22 of support is owed or the individual's legal
23 representative.
24 (2) "Obligor" means the individual who owes a duty
25 of support pursuant to an order for support.
26 (3) "Public office" means any elected official or
27 any State or local agency which is or may become
28 responsible by law for enforcement of, or which is or may
29 become authorized to enforce, an order for support,
30 including, but not limited to: the Attorney General, the
31 Illinois Department of Public Aid, the Illinois
32 Department of Human Services, the Illinois Department of
33 Children and Family Services, and the various State's
34 Attorneys, Clerks of the Circuit Court and supervisors of
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1 general assistance.
2 (b) Order.
3 (1) Whenever the court establishes, modifies or
4 enforces an order for child support or for child support
5 and maintenance the court shall include in the order a
6 provision for the health care coverage of the child which
7 shall, upon request of the obligee or Public Office,
8 require order that any child covered by the order be
9 named as a beneficiary of any health insurance plan that
10 is available to the obligor through an employer or labor
11 union or trade union. If the court finds that such a
12 plan is not available to the obligor, or that the plan is
13 not accessible to the obligee, the court may, upon
14 request of the obligee or Public Office, order the
15 obligor to name the child covered by the order as a
16 beneficiary of any health insurance plan that is
17 available to the obligor on a group basis, or as a
18 beneficiary of an independent health insurance plan to be
19 obtained by the obligor, after considering the following
20 factors:
21 (A) the medical needs of the child;
22 (B) the availability of a plan to meet those
23 needs; and
24 (C) the cost of such a plan to the obligor.
25 (2) If the employer or labor union or trade union
26 offers more than one plan, the order shall require the
27 obligor to name the child as a beneficiary of the plan in
28 which the obligor is enrolled.
29 (3) Nothing in this Section shall be construed to
30 limit the authority of the court to establish or modify a
31 support order to provide for payment of expenses,
32 including deductibles, copayments and any other health
33 expenses, which are in addition to expenses covered by an
34 insurance plan of which a child is ordered to be named a
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1 beneficiary pursuant to this Section.
2 (c) Implementation and enforcement.
3 (1) When the court order requires that a minor
4 child be named as a beneficiary of a health insurance
5 plan, other than a health insurance plan available
6 through an employer or labor union or trade union, the
7 obligor shall provide written proof to the obligee or
8 Public Office that the required insurance has been
9 obtained, or that application for insurability has been
10 made, within 30 days of receiving notice of the court
11 order. Unless the obligor was present in court when the
12 order was issued, notice of the order shall be given
13 pursuant to Illinois Supreme Court Rules. If an obligor
14 fails to provide the required proof, he may be held in
15 contempt of court.
16 (2) When the court requires that a minor child be
17 named as a beneficiary of a health insurance plan
18 available through an employer or labor union or trade
19 union, the court's order shall be implemented in
20 accordance with Section 706.1, as now or hereafter
21 amended.
22 (d) Failure to maintain insurance. The dollar amount of
23 the premiums for court-ordered health insurance, or that
24 portion of the premiums for which the obligor is responsible
25 in the case of insurance provided under a group health
26 insurance plan through an employer or labor union or trade
27 union where the employer or labor union or trade union pays a
28 portion of the premiums, shall be considered an additional
29 child support obligation owed by the obligor. Whenever the
30 obligor fails to provide or maintain health insurance
31 pursuant to an order for support, the obligor shall be liable
32 to the obligee for the dollar amount of the premiums which
33 were not paid, and shall also be liable for all medical
34 expenses incurred by the minor child which would have been
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1 paid or reimbursed by the health insurance which the obligor
2 was ordered to provide or maintain. In addition, the obligee
3 may petition the court to modify the order based solely on
4 the obligor's failure to pay the premiums for court-ordered
5 health insurance.
6 (e) Authorization for payment. The signature of the
7 obligee is a valid authorization to the insurer to process a
8 claim for payment under the insurance plan to the provider of
9 the health care services or to the obligee.
10 (f) Disclosure of information. The obligor's employer
11 or labor union or trade union shall disclose to the obligee
12 or Public Office, upon request, information concerning any
13 dependent coverage plans which would be made available to a
14 new employee or labor union member or trade union member.
15 The employer or labor union or trade union shall disclose
16 such information whether or not a court order for medical
17 support has been entered.
18 (g) Employer obligations. If a parent is required by an
19 order for support to provide coverage for a child's health
20 care expenses and if that coverage is available to the parent
21 through an employer who does business in this State, the
22 employer must do all of the following upon receipt of a copy
23 of the order of support or order for withholding:
24 (1) The employer shall, upon the parent's request,
25 permit the parent to include in that coverage a child who
26 is otherwise eligible for that coverage, without regard
27 to any enrollment season restrictions that might
28 otherwise be applicable as to the time period within
29 which the child may be added to that coverage.
30 (2) If the parent has health care coverage through
31 the employer but fails to apply for coverage of the
32 child, the employer shall include the child in the
33 parent's coverage upon application by the child's other
34 parent or the Illinois Department of Public Aid.
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1 (3) The employer may not eliminate any child from
2 the parent's health care coverage unless the employee is
3 no longer employed by the employer and no longer covered
4 under the employer's group health plan or unless the
5 employer is provided with satisfactory written evidence
6 of either of the following:
7 (A) The order for support is no longer in
8 effect.
9 (B) The child is or will be included in a
10 comparable health care plan obtained by the parent
11 under such order that is currently in effect or will
12 take effect no later than the date the prior
13 coverage is terminated.
14 The employer may eliminate a child from a parent's
15 health care plan obtained by the parent under such order
16 if the employer has eliminated dependent health care
17 coverage for all of its employees.
18 (Source: P.A. 89-183, eff. 1-1-96; 89-507, eff. 7-1-97;
19 89-626, eff. 8-9-96.)
20 (750 ILCS 5/507) (from Ch. 40, par. 507)
21 Sec. 507. Payment of maintenance or support to court.
22 (a) In actions instituted under this Act, the court
23 shall order that maintenance and support payments be made to
24 the clerk of court as trustee for remittance to the person
25 entitled to receive the payments. However, the court in its
26 discretion may direct otherwise where circumstances so
27 warrant.
28 In cases in which a party is receiving child and spouse
29 support services under Article X of the Illinois Public Aid
30 Code and the order for support provides that child support
31 payments be made to the obligee, the Illinois Department of
32 Public Aid may provide notice to the obligor and the
33 obligor's payor, when income withholding is in effect under
-169- LRB9002989SMdvam04
1 Section 706.1 of this Act, to make all payments after receipt
2 of the Department's notice to the clerk of the court until
3 further notice by the Department or order of the court.
4 Copies of the notice shall be provided to the obligee and the
5 clerk. The clerk's copy shall contain a proof of service on
6 the obligor and the obligor's payor, where applicable. The
7 clerk shall file the clerk's copy of the notice in the court
8 file. The notice to the obligor and the payor, if applicable,
9 may be sent by ordinary mail, certified mail, return receipt
10 requested, facsimile transmission, or other electronic
11 process, or may be served upon the obligor or payor using any
12 method provided by law for service of a summons. An obligor
13 who fails to comply with a notice provided under this
14 paragraph is guilty of a Class B misdemeanor. A payor who
15 fails to comply with a notice provided under this paragraph
16 is guilty of a business offense and subject to a fine of up
17 to $1,000.
18 Upon notification in writing or by electronic
19 transmission from the Illinois Department of Public Aid to
20 the clerk of the court that a person who is receiving support
21 payments under this Section is receiving services under the
22 Child Support Enforcement Program established by Title IV-D
23 of the Social Security Act, any support payments subsequently
24 received by the clerk of the court shall be transmitted in
25 accordance with the instructions of the Illinois Department
26 of Public Aid until the Department gives notice to the clerk
27 of the court to cease the transmittal. After providing the
28 notification authorized under this paragraph, the Illinois
29 Department of Public Aid shall be entitled as a party to
30 notice of any further proceedings in the case. The clerk of
31 the court shall file a copy of the Illinois Department of
32 Public Aid's notification in the court file. The failure of
33 the clerk to file a copy of the notification in the court
34 file shall not, however, affect the Illinois Department of
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1 Public Aid's right to receive notice of further proceedings.
2 (b) The clerk of court shall maintain records listing
3 the amount of payments, the date payments are required to be
4 made and the names and addresses of the parties affected by
5 the order. For those cases in which support is payable to the
6 clerk of the circuit court for transmittal to the Illinois
7 Department of Public Aid by order of the court or upon
8 notification of the Illinois Department of Public Aid, and
9 the Illinois Department of Public Aid collects support by
10 assignment, offset, withholding, deduction or other process
11 permitted by law, the Illinois Department shall notify the
12 clerk of the date and amount of such collection. Upon
13 notification, the clerk shall record the collection on the
14 payment record for the case.
15 (c) The parties affected by the order shall inform the
16 clerk of court of any change of address or of other condition
17 that may affect the administration of the order.
18 (d) The provisions of this Section shall not apply to
19 cases that come under the provisions of Sections 709 through
20 712.
21 (Source: P.A. 88-307; 88-687, eff. 1-24-95.)
22 (750 ILCS 5/705) (from Ch. 40, par. 705)
23 Sec. 705. Support payments; receiving and disbursing
24 agents.
25 (1) The provisions of this Section shall apply, except
26 as provided in Sections 709 through 712.
27 (2) In a dissolution of marriage action filed in a
28 county of less than 3 million population in which an order or
29 judgment for child support is entered, and in supplementary
30 proceedings in any such county to enforce or vary the terms
31 of such order or judgment arising out of an action for
32 dissolution of marriage filed in such county, the court,
33 except as it otherwise orders, under subsection (4) of this
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1 Section, may direct that child support payments be made to
2 the clerk of the court.
3 (3) In a dissolution of marriage action filed in any
4 county of 3 million or more population in which an order or
5 judgment for child support is entered, and in supplementary
6 proceedings in any such county to enforce or vary the terms
7 of such order or judgment arising out of an action for
8 dissolution of marriage filed in such county, the court,
9 except as it otherwise orders under subsection (4) of this
10 Section, may direct that child support payments be made
11 either to the clerk of the court or to the Court Service
12 Division of the County Department of Public Aid. After the
13 effective date of this Act, the court, except as it otherwise
14 orders under subsection (4) of this Section, may direct that
15 child support payments be made either to the clerk of the
16 court or to the Illinois Department of Public Aid.
17 (4) In a dissolution of marriage action or supplementary
18 proceedings involving maintenance or child support payments,
19 or both, to persons who are recipients of aid under the
20 Illinois Public Aid Code, the court shall direct that such
21 payments be made to (a) the Illinois Department of Public Aid
22 if the persons are recipients under Articles III, IV, or V of
23 the Code, or (b) the local governmental unit responsible for
24 their support if they are recipients under Articles VI or VII
25 of the Code. In accordance with federal law and regulations,
26 the Illinois Department of Public Aid may continue to collect
27 current maintenance payments or child support payments, or
28 both, after those persons cease to receive public assistance
29 and until termination of services under Article X of the
30 Illinois Public Aid Code. The Illinois Department of Public
31 Aid shall pay the net amount collected to those persons after
32 deducting any costs incurred in making the collection or any
33 collection fee from the amount of any recovery made. The
34 order shall permit the Illinois Department of Public Aid or
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1 the local governmental unit, as the case may be, to direct
2 that payments be made directly to the former spouse, the
3 children, or both, or to some person or agency in their
4 behalf, upon removal of the former spouse or children from
5 the public aid rolls or upon termination of services under
6 Article X of the Illinois Public Aid Code; and upon such
7 direction, the Illinois Department or local governmental
8 unit, as the case requires, shall give notice of such action
9 to the court in writing or by electronic transmission.
10 (5) All clerks of the court and the Court Service
11 Division of a County Department of Public Aid and, after the
12 effective date of this Act, all clerks of the court and the
13 Illinois Department of Public Aid, receiving child support
14 payments under subsections (2) and (3) of this Section shall
15 disburse the payments to the person or persons entitled
16 thereto under the terms of the order or judgment. They shall
17 establish and maintain current records of all moneys received
18 and disbursed and of defaults and delinquencies in required
19 payments. The court, by order or rule, shall make provision
20 for the carrying out of these duties.
21 In cases in which a party is receiving child and spouse
22 support services under Article X of the Illinois Public Aid
23 Code and the order for support provides that child support
24 payments be made to the obligee, the Illinois Department of
25 Public Aid may provide notice to the obligor and the
26 obligor's payor, when income withholding is in effect under
27 Section 706.1 of this Act, to make all payments after receipt
28 of the Department's notice to the clerk of the court until
29 further notice by the Department or order of the court.
30 Copies of the notice shall be provided to the obligee and the
31 clerk. The clerk's copy shall contain a proof of service on
32 the obligor and the obligor's payor, where applicable. The
33 clerk shall file the clerk's copy of the notice in the court
34 file. The notice to the obligor and the payor, if applicable,
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1 may be sent by ordinary mail, certified mail, return receipt
2 requested, facsimile transmission, or other electronic
3 process, or may be served upon the obligor or payor using any
4 method provided by law for service of a summons. An obligor
5 who fails to comply with a notice provided under this
6 paragraph is guilty of a Class B misdemeanor. A payor who
7 fails to comply with a notice provided under this paragraph
8 is guilty of a business offense and subject to a fine of up
9 to $1,000.
10 Upon notification in writing or by electronic
11 transmission from the Illinois Department of Public Aid to
12 the clerk of the court that a person who is receiving support
13 payments under this Section is receiving services under the
14 Child Support Enforcement Program established by Title IV-D
15 of the Social Security Act, any support payments subsequently
16 received by the clerk of the court shall be transmitted in
17 accordance with the instructions of the Illinois Department
18 of Public Aid until the Department gives notice to the clerk
19 of the court to cease the transmittal. After providing the
20 notification authorized under this paragraph, the Illinois
21 Department of Public Aid shall be entitled as a party to
22 notice of any further proceedings in the case. The clerk of
23 the court shall file a copy of the Illinois Department of
24 Public Aid's notification in the court file. The failure of
25 the clerk to file a copy of the notification in the court
26 file shall not, however, affect the Illinois Department of
27 Public Aid's right to receive notice of further proceedings.
28 Payments under this Section to the Illinois Department of
29 Public Aid pursuant to the Child Support Enforcement Program
30 established by Title IV-D of the Social Security Act shall be
31 paid into the Child Support Enforcement Trust Fund. All other
32 payments under this Section to the Illinois Department of
33 Public Aid shall be deposited in the Public Assistance
34 Recoveries Trust Fund. Disbursements from these funds shall
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1 be as provided in the Illinois Public Aid Code. Payments
2 received by a local governmental unit shall be deposited in
3 that unit's General Assistance Fund. Any order of court
4 directing payment of child support to a clerk of court or the
5 Court Service Division of a County Department of Public Aid,
6 which order has been entered on or after August 14, 1961, and
7 prior to the effective date of this Act, may be amended by
8 the court in line with this Act; and orders involving
9 payments of maintenance or child support to recipients of
10 public aid may in like manner be amended to conform to this
11 Act.
12 (6) No filing fee or costs will be required in any
13 action brought at the request of the Illinois Department of
14 Public Aid in any proceeding under this Act. However, any
15 such fees or costs may be assessed by the court against the
16 respondent in the court's order of support or any
17 modification thereof in a proceeding under this Act.
18 (7) For those cases in which child support is payable to
19 the clerk of the circuit court for transmittal to the
20 Illinois Department of Public Aid by order of court or upon
21 notification by the Illinois Department of Public Aid, the
22 clerk shall transmit all such payments, within 4 working days
23 of receipt, to insure that funds are available for immediate
24 distribution by the Department to the person or entity
25 entitled thereto in accordance with standards of the Child
26 Support Enforcement Program established under Title IV-D of
27 the Social Security Act. The clerk shall notify the
28 Department of the date of receipt and amount thereof at the
29 time of transmittal. Where the clerk has entered into an
30 agreement of cooperation with the Department to record the
31 terms of child support orders and payments made thereunder
32 directly into the Department's automated data processing
33 system, the clerk shall account for, transmit and otherwise
34 distribute child support payments in accordance with such
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1 agreement in lieu of the requirements contained herein.
2 In any action filed in a county with a population of
3 1,000,000 or less, the court shall assess against the
4 respondent in any order of maintenance or child support any
5 sum up to $36 annually authorized by ordinance of the county
6 board to be collected by the clerk of the court as costs for
7 administering the collection and disbursement of maintenance
8 and child support payments. Such sum shall be in addition to
9 and separate from amounts ordered to be paid as maintenance
10 or child support.
11 (Source: P.A. 88-687, eff. 1-24-95.)
12 (750 ILCS 5/706.1) (from Ch. 40, par. 706.1)
13 (Text of Section before amendment by P.A. 89-507)
14 Sec. 706.1. Withholding of Income to Secure Payment of
15 Support.
16 (A) Definitions.
17 (1) "Order for support" means any order of the court
18 which provides for periodic payment of funds for the support
19 of a child or maintenance of a spouse, whether temporary or
20 final, and includes any such order which provides for:
21 (a) Modification or resumption of, or payment of
22 arrearage accrued under, a previously existing order;
23 (b) Reimbursement of support; or
24 (c) Enrollment in a health insurance plan that is
25 available to the obligor through an employer or labor
26 union or trade union.
27 (2) "Arrearage" means the total amount of unpaid support
28 obligations.
29 (3) "Delinquency" means any payment under an order for
30 support which becomes due and remains unpaid after an order
31 for withholding has been entered under subsection (B) or, for
32 purposes of subsection (K), after the last order for support
33 was entered for which no order for withholding was entered.
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1 (4) "Income" means any form of periodic payment to an
2 individual, regardless of source, including, but not limited
3 to: wages, salary, commission, compensation as an independent
4 contractor, workers' compensation, disability, annuity and
5 retirement benefits, lottery prize awards, insurance
6 proceeds, vacation pay, bonuses, profit-sharing payments and
7 any other payments, made by any person, private entity,
8 federal or state government, any unit of local government,
9 school district or any entity created by Public Act; however,
10 "income" excludes:
11 (a) Any amounts required by law to be withheld,
12 other than creditor claims, including, but not limited
13 to, federal, State and local taxes, Social Security and
14 other retirement and disability contributions;
15 (b) Union dues;
16 (c) Any amounts exempted by the federal Consumer
17 Credit Protection Act;
18 (d) Public assistance payments; and
19 (e) Unemployment insurance benefits except as
20 provided by law.
21 Any other State or local laws which limit or exempt
22 income or the amount or percentage of income that can be
23 withheld shall not apply.
24 (5) "Obligor" means the individual who owes a duty to
25 make payments under an order for support.
26 (6) "Obligee" means the individual to whom a duty of
27 support is owed or the individual's legal representative.
28 (7) "Payor" means any payor of income to an obligor.
29 (8) "Public office" means any elected official or any
30 State or local agency which is or may become responsible by
31 law for enforcement of, or which is or may become authorized
32 to enforce, an order for support, including, but not limited
33 to: the Attorney General, the Illinois Department of Public
34 Aid, the Illinois Department of Mental Health and
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1 Developmental Disabilities, the Illinois Department of
2 Children and Family Services, and the various State's
3 Attorneys, Clerks of the Circuit Court and supervisors of
4 general assistance.
5 (9) "Premium" means the dollar amount for which the
6 obligor is liable to his employer or labor union or trade
7 union and which must be paid to enroll or maintain a child in
8 a health insurance plan that is available to the obligor
9 through an employer or labor union or trade union.
10 (B) Entry of an Order for Withholding.
11 (1) Upon entry of any order for support on or after
12 January 1, 1984, the court shall enter a separate order for
13 withholding which shall not take effect unless the obligor
14 becomes delinquent in paying the order for support or the
15 obligor requests an earlier effective date; except that the
16 court may require the order for withholding to take effect
17 immediately.
18 On or after January 1, 1989, the court shall require the
19 order for withholding to take effect immediately, unless a
20 written agreement is reached between and signed by both
21 parties providing for an alternative arrangement, approved
22 and entered into the record by the court, which insures
23 payment of support. In that case, the court shall enter the
24 order for withholding which will not take effect unless the
25 obligor becomes delinquent in paying the order for support.
26 Upon entry of any order of support on or after September
27 11, 1989, if the obligor is not a United States citizen, the
28 obligor shall provide to the court the obligor's alien
29 registration number, passport number, and home country's
30 social security or national health number, if applicable; the
31 court shall make the information part of the record in the
32 case.
33 (2) An order for withholding shall be entered upon
34 petition by the obligee or public office where an order for
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1 withholding has not been previously entered.
2 (3) The order for withholding shall:
3 (a) Direct any payor to withhold a dollar amount
4 equal to the order for support; and
5 (b) Direct any payor to withhold an additional
6 dollar amount, not less than 20% of the order for
7 support, until payment in full of any delinquency stated
8 in the notice of delinquency provided for in subsection
9 (C) or (F) of this Section; and
10 (c) Direct any payor or labor union or trade union
11 to enroll a child as a beneficiary of a health insurance
12 plan and withhold or cause to be withheld, if
13 applicable, any required premiums; and
14 (d) State the rights, remedies and duties of the
15 obligor under this Section; and
16 (e) Include the obligor's Social Security Number,
17 which the obligor shall disclose to the court; and
18 (f) Include the date that withholding for current
19 support terminates, which shall be the date of
20 termination of the current support obligation set forth
21 in the order for support.
22 (4) At the time the order for withholding is entered,
23 the Clerk of the Circuit Court shall provide a copy of the
24 order for withholding and the order for support to the
25 obligor and shall make copies available to the obligee and
26 public office. Any copy of the order for withholding
27 furnished to the parties under this subsection shall be
28 stamped "Not Valid".
29 (5) The order for withholding shall remain in effect for
30 as long as the order for support upon which it is based.
31 (6) The failure of an order for withholding to state an
32 arrearage is not conclusive of the issue of whether an
33 arrearage is owing.
34 (7) Notwithstanding the provisions of this subsection,
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1 if the court finds at the time of any hearing that an
2 arrearage has accrued in an amount equal to at least one
3 month's support obligation or that the obligor is 30 days
4 late in paying all or part of the order for support, the
5 court shall order immediate service of the order for
6 withholding upon the payor.
7 (8) Where the court has not required that the order for
8 withholding take effect immediately, the obligee or public
9 office may prepare and serve a notice for immediate
10 withholding upon the obligor by ordinary mail addressed to
11 the obligor at his or her last known address. The notice
12 shall state that the following circumstances have occurred:
13 (a) The parties' written agreement providing an
14 alternative arrangement to immediate withholding under
15 paragraph (1) of this subsection no longer provides for
16 timely payment of all support due; or
17 (b) The obligor has not made timely payments in
18 that the obligor has been at least 7 days late in paying
19 all or part of the order for support any of the last 6
20 consecutive dates payments were due prior to the date of
21 the notice for immediate withholding.
22 The notice for immediate withholding shall clearly state
23 that a specially certified copy of the order for withholding
24 will be sent to the payor, unless the obligor files a
25 petition contesting immediate withholding within 20 days
26 after service of the notice; however, the grounds for the
27 petition shall be limited to a dispute concerning whether the
28 circumstances stated in the notice have occurred or the
29 identity of the obligor. It shall not be grounds for the
30 petition that the obligor has made all payments due by the
31 date of the petition.
32 If the obligor files a petition contesting immediate
33 withholding within the 20-day period required under this
34 paragraph, the Clerk of the Circuit Court shall notify the
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1 obligor and the obligee or public office, as appropriate, of
2 the time and place of the hearing on the petition. Upon
3 hearing the petition, the court shall enter an order granting
4 or denying relief. It shall not be grounds for granting the
5 obligor's petition that he or she has made all payments due
6 by the date of hearing. If the court denies the obligor's
7 petition, it shall order immediate service of the order for
8 withholding and direct the clerk to provide a specially
9 certified copy of the order for withholding to the obligee or
10 public office indicating that the requirements for immediate
11 withholding under this paragraph have been met.
12 If the obligor does not file a petition contesting
13 immediate withholding within the 20-day period, the obligee
14 or public office shall file with the Clerk of the Circuit
15 Court an affidavit, with a copy of the notice for immediate
16 withholding attached thereto, stating that the notice was
17 duly served and the date on which service was effected, and
18 that the obligor has not filed a petition contesting
19 immediate withholding. The clerk shall then provide to the
20 obligee or public office a specially certified copy of the
21 order for withholding indicating that the requirements for
22 immediate withholding under this paragraph have been met.
23 Upon receipt of a specially certified copy of the order
24 for withholding, the obligee or public office may serve the
25 order on the payor, its superintendent, manager or other
26 agent, by certified mail or personal delivery. A proof of
27 service shall be filed with the Clerk of the Circuit Court.
28 (C) Notice of Delinquency.
29 (1) Whenever an obligor becomes delinquent in payment of
30 an amount equal to at least one month's support obligation
31 pursuant to the order for support or is at least 30 days late
32 in complying with all or part of the order for support,
33 whichever occurs first, the obligee or public office may
34 prepare and serve a verified notice of delinquency, together
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1 with a form petition to stay service, pursuant to paragraph
2 (3) of this subsection.
3 (2) The notice of delinquency shall recite the terms of
4 the order for support and contain a computation of the period
5 and total amount of the delinquency, as of the date of the
6 notice. The notice shall clearly state that it will be sent
7 to the payor, together with a specially certified copy of the
8 order for withholding, except as provided in subsection (F),
9 unless the obligor files a petition to stay service in
10 accordance with paragraph (1) of subsection (D).
11 (3) The notice of delinquency shall be served by
12 ordinary mail addressed to the obligor at his or her last
13 known address.
14 (4) The obligor may execute a written waiver of the
15 provisions of paragraphs (1) through (3) of this subsection
16 and request immediate service upon the payor.
17 (D) Procedures to Avoid Income Withholding.
18 (1) Except as provided in subsection (F), the obligor
19 may prevent an order for withholding from being served by
20 filing a petition to stay service with the Clerk of the
21 Circuit Court, within 20 days after service of the notice of
22 delinquency; however, the grounds for the petition to stay
23 service shall be limited to:
24 (a) A dispute concerning the amount of current
25 support or the existence or amount of the delinquency;
26 (b) The identity of the obligor.
27 The Clerk of the Circuit Court shall notify the obligor
28 and the obligee or public office, as appropriate, of the time
29 and place of the hearing on the petition to stay service. The
30 court shall hold such hearing pursuant to the provisions of
31 subsection (H).
32 (2) Except as provided in subsection (F), filing of a
33 petition to stay service, within the 20-day period required
34 under this subsection, shall prohibit the obligee or public
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1 office from serving the order for withholding on any payor of
2 the obligor.
3 (E) Initial Service of Order for Withholding.
4 (1) Except as provided in subsection (F), in order to
5 serve an order for withholding upon a payor, an obligee or
6 public office shall follow the procedures set forth in this
7 subsection. After 20 days following service of the notice of
8 delinquency, the obligee or public office shall file with the
9 Clerk of the Circuit Court an affidavit, with the copy of the
10 notice of delinquency attached thereto, stating:
11 (a) that the notice of delinquency has been duly
12 served and the date on which service was effected; and
13 (b) that the obligor has not filed a petition to
14 stay service, or in the alternative
15 (c) that the obligor has waived the provisions of
16 subparagraphs (a) and (b) of this paragraph (1) in
17 accordance with subsection (C)(4).
18 (2) Upon request of the obligee or public office, the
19 Clerk of the Circuit Court shall: (a) make available any
20 record of payment; and (b) determine that the file contains a
21 copy of the affidavit described in paragraph (1). The Clerk
22 shall then provide to the obligee or public office a
23 specially certified copy of the order for withholding and the
24 notice of delinquency indicating that the preconditions for
25 service have been met.
26 (3) The obligee or public office may then serve the
27 notice of delinquency and order for withholding on the payor,
28 its superintendent, manager or other agent, by certified mail
29 or personal delivery. A proof of service shall be filed with
30 the Clerk of the Circuit Court.
31 (F) Subsequent Service of Order for Withholding.
32 (1) Notwithstanding the provisions of this Section, at
33 any time after the court has ordered immediate service of an
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1 order for withholding or after initial service of an order
2 for withholding pursuant to subsection (E), the obligee or
3 public office may serve the order for withholding upon any
4 payor of the obligor without further notice to the obligor.
5 The obligee or public office shall provide notice to the
6 payor, pursuant to paragraph (6) of subsection (I), of any
7 payments that have been made through previous withholding or
8 any other method.
9 (2) The Clerk of the Circuit Court shall, upon request,
10 provide the obligee or public office with specially certified
11 copies of the order for withholding or the notice of
12 delinquency or both whenever the Court has ordered immediate
13 service of an order for withholding or an affidavit has been
14 placed in the court file indicating that the preconditions
15 for service have been previously met. The obligee or public
16 office may then serve the order for withholding on the payor,
17 its superintendent, manager or other agent by certified mail
18 or personal delivery. A proof of service shall be filed with
19 the Clerk of the Circuit Court.
20 (3) If a delinquency has accrued for any reason, the
21 obligee or public office may serve a notice of delinquency
22 upon the obligor pursuant to subsection (C). The obligor may
23 prevent the notice of delinquency from being served upon the
24 payor by utilizing the procedures set forth in subsection
25 (D). If no petition to stay service has been filed within the
26 required 20 day time period, the obligee or public office may
27 serve the notice of delinquency on the payor by utilizing the
28 procedures for service set forth in subsection (E).
29 (G) Duties of Payor.
30 (1) It shall be the duty of any payor who has been
31 served with a copy of the specially certified order for
32 withholding and any notice of delinquency to deduct and pay
33 over income as provided in this subsection. The payor shall
34 deduct the amount designated in the order for withholding, as
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1 supplemented by the notice of delinquency and any notice
2 provided pursuant to paragraph (6) of subsection (I),
3 beginning no later than the next payment of income which is
4 payable to the obligor that occurs 14 days following the date
5 the order and any notice were mailed by certified mail or
6 placed for personal delivery. The payor may combine all
7 amounts withheld for the benefit of an obligee or public
8 office into a single payment and transmit the payment with a
9 listing of obligors from whom withholding has been effected.
10 The payor shall pay the amount withheld to the obligee or
11 public office within 10 calendar days of the date income is
12 paid to the obligor in accordance with the order for
13 withholding and any subsequent notification received from the
14 public office redirecting payments. If the payor knowingly
15 fails to pay any amount withheld to the obligee or public
16 office within 10 calendar days of the date income is paid to
17 the obligor, the payor shall pay a penalty of $100 for each
18 day that the withheld amount is not paid to the obligee or
19 public office after the period of 10 calendar days has
20 expired. The failure of a payor, on more than one occasion,
21 to pay amounts withheld to the obligee or public office
22 within 10 calendar days of the date income is not paid to the
23 obligor creates a presumption that the payor knowingly failed
24 to pay the amounts. This penalty may be collected in a civil
25 action which may be brought against the payor in favor of the
26 obligee. For purposes of this Section, a withheld amount
27 shall be considered paid by a payor on the date it is mailed
28 by the payor, or on the date an electronic funds transfer of
29 the amount has been initiated by the payor, or on the date
30 delivery of the amount has been initiated by the payor. For
31 each deduction, the payor shall provide the obligee or public
32 office, at the time of transmittal, with the date income was
33 paid from which support was withheld.
34 Upon receipt of an order requiring that a minor child be
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1 named as a beneficiary of a health insurance plan available
2 through an employer or labor union or trade union, the
3 employer or labor union or trade union shall immediately
4 enroll the minor child as a beneficiary in the health
5 insurance plan designated by the court order. The employer
6 shall withhold any required premiums and pay over any amounts
7 so withheld and any additional amounts the employer pays to
8 the insurance carrier in a timely manner. The employer or
9 labor union or trade union shall mail to the obligee, within
10 15 days of enrollment or upon request, notice of the date of
11 coverage, information on the dependent coverage plan, and all
12 forms necessary to obtain reimbursement for covered health
13 expenses, such as would be made available to a new employee.
14 When an order for dependent coverage is in effect and the
15 insurance coverage is terminated or changed for any reason,
16 the employer or labor union or trade union shall notify the
17 obligee within 10 days of the termination or change date
18 along with notice of conversion privileges.
19 For withholding of income, the payor shall be entitled to
20 receive a fee not to exceed $5 per month to be taken from the
21 income to be paid to the obligor.
22 (2) Whenever the obligor is no longer receiving income
23 from the payor, the payor shall return a copy of the order
24 for withholding to the obligee or public office and shall
25 provide information for the purpose of enforcing this
26 Section.
27 (3) Withholding of income under this Section shall be
28 made without regard to any prior or subsequent garnishments,
29 attachments, wage assignments, or any other claims of
30 creditors. Withholding of income under this Section shall
31 not be in excess of the maximum amounts permitted under the
32 federal Consumer Credit Protection Act. If the payor has been
33 served with more than one order for withholding pertaining to
34 the same obligor, the payor shall allocate income available
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1 for withholding on a proportionate share basis, giving
2 priority to current support payments. If there is any income
3 available for withholding after withholding for all current
4 support obligations, the payor shall allocate the income to
5 past due support payments ordered in non-AFDC matters and
6 then to past due support payments ordered in AFDC matters,
7 both on a proportionate share basis. Payment as required by
8 the order for withholding shall be a complete defense by the
9 payor against any claims of the obligor or his creditors as
10 to the sum so paid.
11 (4) No payor shall discharge, discipline, refuse to hire
12 or otherwise penalize any obligor because of the duty to
13 withhold income.
14 (H) Petitions to Stay Service or to Modify, Suspend or
15 Terminate Orders for Withholding.
16 (1) When an obligor files a petition to stay service,
17 the court, after due notice to all parties, shall hear the
18 matter as soon as practicable and shall enter an order
19 granting or denying relief, amending the notice of
20 delinquency, amending the order for withholding, where
21 applicable, or otherwise resolving the matter. If the court
22 finds that a delinquency existed when the notice of
23 delinquency was served upon the obligor, in an amount of at
24 least one month's support obligation, or that the obligor was
25 at least 30 days late in paying all or part of the order for
26 support, the court shall order immediate service of the order
27 for withholding. Where the court cannot promptly resolve any
28 dispute over the amount of the delinquency, the court may
29 order immediate service of the order for withholding as to
30 any undisputed amounts specified in an amended notice of
31 delinquency, and may continue the hearing on the disputed
32 amounts.
33 (2) At any time, an obligor, obligee, public office or
34 Clerk of the Circuit Court may petition the court to:
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1 (a) Modify, suspend or terminate the order for
2 withholding because of a modification, suspension or
3 termination of the underlying order for 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 order for withholding because of
8 inability to deliver income withheld to the obligee due
9 to the obligee's failure to provide a mailing address or
10 other means of delivery.
11 (3) The obligor, obligee or public office shall serve on
12 the payor, by certified mail or personal delivery, a copy of
13 any order entered pursuant to this subsection that affects
14 the duties of the payor.
15 (4) At any time, a public office or Clerk of the Circuit
16 Court may serve a notice on the payor to:
17 (a) cease withholding of income for payment of
18 current support for a child when the support obligation
19 for that child has automatically ceased under the order
20 for support through emancipation or otherwise; or
21 (b) cease withholding of income for payment of
22 delinquency or arrearage when the delinquency or
23 arrearage has been paid in full.
24 (5) The notice provided for under paragraph (4) of this
25 subsection shall be served on the payor by ordinary mail, and
26 a copy shall be provided to the obligor and the obligee. A
27 copy of the notice shall be filed with the Clerk of the
28 Circuit Court.
29 (6) The order for withholding shall continue to be
30 binding upon the payor until service of any order of the
31 court or notice entered or provided for under this
32 subsection.
33 (I) Additional Duties.
34 (1) An obligee who is receiving income withholding
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1 payments under this Section shall notify the payor, if the
2 obligee receives the payments directly from the payor, or the
3 public office or the Clerk of the Circuit Court, as
4 appropriate, of any change of address within 7 days of such
5 change.
6 (2) An obligee who is a recipient of public aid shall
7 send a copy of any notice of delinquency filed pursuant to
8 subsection (C) to the Bureau of Child Support of the Illinois
9 Department of Public Aid.
10 (3) Each obligor shall notify the obligee and the Clerk
11 of the Circuit Court of any change of address within 7 days.
12 (4) An obligor whose income is being withheld or who has
13 been served with a notice of delinquency pursuant to this
14 Section shall notify the obligee and the Clerk of the Circuit
15 Court of any new payor, within 7 days.
16 (5) When the Illinois Department of Public Aid is no
17 longer authorized to receive payments for the obligee, it
18 shall, within 7 days, notify the payor or, where appropriate,
19 the Clerk of the Circuit Court, to redirect income
20 withholding payments to the obligee.
21 (6) The obligee or public office shall provide notice to
22 the payor and Clerk of the Circuit Court of any other support
23 payment made, including but not limited to, a set-off under
24 federal and State law or partial payment of the delinquency
25 or arrearage, or both.
26 (7) Any public office and Clerk of the Circuit Court
27 which collects, disburses or receives payments pursuant to
28 orders for withholding shall maintain complete, accurate, and
29 clear records of all payments and their disbursements.
30 Certified copies of payment records maintained by a public
31 office or Clerk of the Circuit Court shall, without further
32 proof, be admitted into evidence in any legal proceedings
33 under this Section.
34 (8) The Illinois Department of Public Aid shall design
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1 suggested legal forms for proceeding under this Section and
2 shall make available to the courts such forms and
3 informational materials which describe the procedures and
4 remedies set forth herein for distribution to all parties in
5 support actions.
6 (9) At the time of transmitting each support payment,
7 the clerk of the circuit court shall provide the obligee or
8 public office, as appropriate, with any information furnished
9 by the payor as to the date income was paid from which such
10 support was withheld.
11 (J) Penalties.
12 (1) Where a payor wilfully fails to withhold or pay over
13 income pursuant to a properly served, specially certified
14 order for withholding and any notice of delinquency, or
15 wilfully discharges, disciplines, refuses to hire or
16 otherwise penalizes an obligor as prohibited by subsection
17 (G), or otherwise fails to comply with any duties imposed by
18 this Section, the obligee, public office or obligor, as
19 appropriate, may file a complaint with the court against the
20 payor. The clerk of the circuit court shall notify the
21 obligee or public office, as appropriate, and the obligor and
22 payor of the time and place of the hearing on the complaint.
23 The court shall resolve any factual dispute including, but
24 not limited to, a denial that the payor is paying or has paid
25 income to the obligor. Upon a finding in favor of the
26 complaining party, the court:
27 (a) Shall enter judgment and direct the enforcement
28 thereof for the total amount that the payor wilfully
29 failed to withhold or pay over; and
30 (b) May order employment or reinstatement of or
31 restitution to the obligor, or both, where the obligor
32 has been discharged, disciplined, denied employment or
33 otherwise penalized by the payor and may impose a fine
34 upon the payor not to exceed $200.
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1 (2) Any obligee, public office or obligor who wilfully
2 initiates a false proceeding under this Section or who
3 wilfully fails to comply with the requirements of this
4 Section shall be punished as in cases of contempt of court.
5 (K) Alternative Procedures for Entry and Service of an Order
6 for Withholding.
7 (1) Effective January 1, 1987, in any matter in which an
8 order for withholding has not been entered for any reason,
9 based upon the last order for support that has been entered,
10 and in which the obligor has become delinquent in payment of
11 an amount equal to at least one month's support obligation
12 pursuant to the last order for support or is at least 30 days
13 late in complying with all or part of the order for support,
14 the obligee or public office may prepare and serve an order
15 for withholding pursuant to the procedures set forth in this
16 subsection.
17 (2) The obligee or public office shall:
18 (a) Prepare a proposed order for withholding for
19 immediate service as provided by paragraphs (1) and (3)
20 of subsection (B), except that the minimum 20%
21 delinquency payment shall be used;
22 (b) Prepare a notice of delinquency as provided by
23 paragraphs (1) and (2) of subsection (C), except the
24 notice shall state further that the order for withholding
25 has not been entered by the court and the conditions
26 under which the order will be entered; and
27 (c) Serve the notice of delinquency and form
28 petition to stay service as provided by paragraph (3) of
29 subsection (C), together with the proposed order for
30 withholding, which shall be marked "COPY ONLY".
31 (3) After 20 days following service of the notice of
32 delinquency and proposed order for withholding, in lieu of
33 the provisions of subsection (E), the obligee or public
34 office shall file with the Clerk of the Circuit Court an
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1 affidavit, with a copy of the notice of delinquency and
2 proposed order for withholding attached thereto, stating
3 that:
4 (a) The notice of delinquency and proposed order
5 for withholding have been served upon the obligor and the
6 date on which service was effected;
7 (b) The obligor has not filed a petition to stay
8 service within 20 days of service of such notice and
9 order; and
10 (c) The proposed order for withholding accurately
11 states the terms and amounts contained in the last order
12 for support.
13 (4) Upon the court's satisfaction that the procedures
14 set forth in this subsection have been met, it shall enter
15 the order for withholding.
16 (5) The Clerk shall then provide to the obligee or
17 public office a specially certified copy of the order for
18 withholding and the notice of delinquency indicating that the
19 preconditions for service have been met.
20 (6) The obligee or public office shall serve the
21 specially certified copies of the order for withholding and
22 the notice of delinquency on the payor, its superintendent,
23 manager or other agent by certified mail or personal
24 delivery. A proof of service shall be filed with the Clerk
25 of the Circuit Court.
26 (7) If the obligor requests in writing that income
27 withholding become effective prior to becoming delinquent in
28 payment of an amount equal to one month's support obligation
29 pursuant to the last order for support, or prior to becoming
30 30 days late in paying all or part of the order for support,
31 the obligee or public office shall file an affidavit with the
32 Clerk of the circuit Court, with a proposed order for
33 withholding attached, stating that the proposed order
34 accurately states the terms and amounts contained in the last
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1 order for support and the obligor's request for immediate
2 service. The provisions of paragraphs (4) through (6) of this
3 subsection shall apply, except that a notice of delinquency
4 shall not be required.
5 (8) All other provisions of this Section shall be
6 applicable with respect to the provisions of this subsection
7 (K), except that under paragraph (1) of subsection (H), the
8 court may also amend the proposed order for withholding to
9 conform to the last order for support.
10 (9) Nothing in this subsection shall be construed as
11 limiting the requirements of paragraph (1) of subsection (B)
12 with respect to the entry of a separate order for withholding
13 upon entry of any order for support.
14 (L) Remedies in Addition to Other Laws.
15 (1) The rights, remedies, duties and penalties created
16 by this Section are in addition to and not in substitution
17 for any other rights, remedies, duties and penalties created
18 by any other law.
19 (2) Nothing in this Section shall be construed as
20 invalidating any assignment of wages or benefits executed
21 prior to January 1, 1984.
22 (Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
23 88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
24 (Text of Section after amendment by P.A. 89-507)
25 Sec. 706.1. Withholding of Income to Secure Payment of
26 Support.
27 (A) Definitions.
28 (1) "Order for support" means any order of the court
29 which provides for periodic payment of funds for the support
30 of a child or maintenance of a spouse, whether temporary or
31 final, and includes any such order which provides for:
32 (a) Modification or resumption of, or payment of
33 arrearage accrued under, a previously existing order;
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1 (b) Reimbursement of support; or
2 (c) Enrollment in a health insurance plan that is
3 available to the obligor through an employer or labor
4 union or trade union.
5 (2) "Arrearage" means the total amount of unpaid support
6 obligations as determined by the court and incorporated into
7 an order for support.
8 (3) "Delinquency" means any payment under an order for
9 support which becomes due and remains unpaid after entry of
10 the an order for support withholding has been entered under
11 subsection (B) or, for purposes of subsection (K), after the
12 last order for support was entered for which no order for
13 withholding was entered.
14 (4) "Income" means any form of periodic payment to an
15 individual, regardless of source, including, but not limited
16 to: wages, salary, commission, compensation as an independent
17 contractor, workers' compensation, disability, annuity,
18 pension, and retirement benefits, lottery prize awards,
19 insurance proceeds, vacation pay, bonuses, profit-sharing
20 payments, interest, and any other payments, made by any
21 person, private entity, federal or state government, any unit
22 of local government, school district or any entity created by
23 Public Act; however, "income" excludes:
24 (a) Any amounts required by law to be withheld,
25 other than creditor claims, including, but not limited
26 to, federal, State and local taxes, Social Security and
27 other retirement and disability contributions;
28 (b) Union dues;
29 (c) Any amounts exempted by the federal Consumer
30 Credit Protection Act;
31 (d) Public assistance payments; and
32 (e) Unemployment insurance benefits except as
33 provided by law.
34 Any other State or local laws which limit or exempt
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1 income or the amount or percentage of income that can be
2 withheld shall not apply.
3 (5) "Obligor" means the individual who owes a duty to
4 make payments under an order for support.
5 (6) "Obligee" means the individual to whom a duty of
6 support is owed or the individual's legal representative.
7 (7) "Payor" means any payor of income to an obligor.
8 (8) "Public office" means any elected official or any
9 State or local agency which is or may become responsible by
10 law for enforcement of, or which is or may become authorized
11 to enforce, an order for support, including, but not limited
12 to: the Attorney General, the Illinois Department of Public
13 Aid, the Illinois Department of Human Services, the Illinois
14 Department of Children and Family Services, and the various
15 State's Attorneys, Clerks of the Circuit Court and
16 supervisors of general assistance.
17 (9) "Premium" means the dollar amount for which the
18 obligor is liable to his employer or labor union or trade
19 union and which must be paid to enroll or maintain a child in
20 a health insurance plan that is available to the obligor
21 through an employer or labor union or trade union.
22 (B) Entry of Order for Support Containing Income Withholding
23 Provisions; Income Withholding Notice.
24 (1) In addition to any content required under other
25 laws, every order for support entered on or after July 1,
26 1997, shall:
27 (a) Require an income withholding notice to be
28 prepared and served immediately upon any payor of the
29 obligor by the obligee or public office, unless a written
30 agreement is reached between and signed by both parties
31 providing for an alternative arrangement, approved and
32 entered into the record by the court, which ensures
33 payment of support. In that case, the order for support
34 shall provide that an income withholding notice is to be
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1 prepared and served only if the obligor becomes
2 delinquent in paying the order for support; and
3 (b) Contain a dollar amount to be paid until
4 payment in full of any delinquency that accrues after
5 entry of the order for support. The amount for payment
6 of delinquency shall not be less than 20% of the total of
7 the current support amount and the amount to be paid
8 periodically for payment of any arrearage stated in the
9 order for support; and
10 (c) Include the obligor's Social Security Number,
11 which the obligor shall disclose to the court. If the
12 obligor is not a United States citizen, the obligor shall
13 disclose to the court, and the court shall include in the
14 order for support, the obligor's alien registration
15 number, passport number, and home country's social
16 security or national health number, if applicable.
17 (2) At the time the order for support is entered, the
18 Clerk of the Circuit Court shall provide a copy of the order
19 to the obligor and shall make copies available to the obligee
20 and public office.
21 (3) The income withholding notice shall:
22 (a) Be in the standard format prescribed by the
23 federal Department of Health and Human Services; and
24 (b) Direct any payor to withhold the dollar amount
25 required for current support under the order for support;
26 and
27 (c) Direct any payor to withhold the dollar amount
28 required to be paid periodically under the order for
29 support for payment of the amount of any arrearage stated
30 in the order for support; and
31 (d) Direct any payor or labor union or trade union
32 to enroll a child as a beneficiary of a health insurance
33 plan and withhold or cause to be withheld, if applicable,
34 any required premiums; and
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1 (e) State the amount of the payor income
2 withholding fee specified under this Section; and
3 (f) State that the amount actually withheld from
4 the obligor's income for support and other purposes,
5 including the payor withholding fee specified under this
6 Section, may not be in excess of the maximum amount
7 permitted under the federal Consumer Credit Protection
8 Act; and
9 (g) State the duties of the payor and the fines and
10 penalties for failure to withhold and pay over income and
11 for discharging, disciplining, refusing to hire, or
12 otherwise penalizing the obligor because of the duty to
13 withhold and pay over income under this Section; and
14 (h) State the rights, remedies, and duties of the
15 obligor under this Section; and
16 (i) Include the obligor's Social Security Number;
17 and
18 (j) Include the date that withholding for current
19 support terminates, which shall be the date of
20 termination of the current support obligation set forth
21 in the order for support.
22 (4) The accrual of a delinquency as a condition for
23 service of an income withholding notice, under the exception
24 to immediate withholding in paragraph (1) of this subsection,
25 shall apply only to the initial service of an income
26 withholding notice on a payor of the obligor.
27 (5) Notwithstanding the exception to immediate
28 withholding contained in paragraph (1) of this subsection, if
29 the court finds at the time of any hearing that an arrearage
30 has accrued, the court shall order immediate service of an
31 income withholding notice upon the payor.
32 (6) If the order for support, under the exception to
33 immediate withholding contained in paragraph (1) of this
34 subsection, provides that an income withholding notice is to
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1 be prepared and served only if the obligor becomes delinquent
2 in paying the order for support, the obligor may execute a
3 written waiver of that condition and request immediate
4 service on the payor.
5 (7) The obligee or public office may serve the income
6 withholding notice on the payor or its superintendent,
7 manager, or other agent by ordinary mail or certified mail
8 return receipt requested, by facsimile transmission or other
9 electronic means, by personal delivery, or by any method
10 provided by law for service of a summons. At the time of
11 service on the payor and as notice that withholding has
12 commenced, the obligee or public office shall serve a copy of
13 the income withholding notice on the obligor by ordinary mail
14 addressed to his or her last known address. Proofs of
15 service on the payor and the obligor shall be filed with the
16 Clerk of the Circuit Court.
17 (8) At any time after the initial service of an income
18 withholding notice under this Section, any other payor of the
19 obligor may be served with the same income withholding notice
20 without further notice to the obligor.
21 (C) Income Withholding After Accrual of Delinquency.
22 (1) Whenever an obligor accrues a delinquency, the
23 obligee or public office may prepare and serve upon the
24 obligor's payor an income withholding notice that:
25 (a) Contains the information required under
26 paragraph (3) of subsection (B); and
27 (b) Contains a computation of the period and total
28 amount of the delinquency as of the date of the notice;
29 and
30 (c) Directs the payor to withhold the dollar amount
31 required to be withheld periodically under the order for
32 support for payment of the delinquency.
33 (2) The income withholding notice and the obligor's copy
34 of the income withholding notice shall be served as provided
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1 in paragraph (7) of subsection (B).
2 (3) The obligor may contest withholding commenced under
3 this subsection by filing a petition to contest withholding
4 with the Clerk of the Circuit Court within 20 days after
5 service of a copy of the income withholding notice on the
6 obligor. However, the grounds for the petition to contest
7 withholding shall be limited to:
8 (a) A dispute concerning the existence or amount of
9 the delinquency; or
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 of the time and place of the
13 hearing on the petition to contest withholding. The court
14 shall hold the hearing pursuant to the provisions of
15 subsection (F).
16 (D) Initiated Withholding.
17 (1) Notwithstanding any other provision of this Section,
18 if the court has not required that income withholding take
19 effect immediately, the obligee or public office may initiate
20 withholding, regardless of whether a delinquency has accrued,
21 by preparing and serving an income withholding notice on the
22 payor that contains the information required under paragraph
23 (3) of subsection (B) and states that the parties' written
24 agreement providing an alternative arrangement to immediate
25 withholding under paragraph (1) of subsection (B) no longer
26 ensures payment of support due and the reason or reasons why
27 it does not.
28 (2) The income withholding notice and the obligor's copy
29 of the income withholding notice shall be served as provided
30 in paragraph (7) of subsection (B).
31 (3) The obligor may contest withholding commenced under
32 this subsection by filing a petition to contest withholding
33 with the Clerk of the Circuit Court within 20 days after
34 service of a copy of the income withholding notice on the
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1 obligor. However, the grounds for the petition shall be
2 limited to a dispute concerning:
3 (a) whether the parties' written agreement providing
4 an alternative arrangement to immediate withholding under
5 paragraph (1) of subsection (B) continues to ensure
6 payment of support; or
7 (b) the identity of the obligor.
8 It shall not be grounds for filing a petition that the
9 obligor has made all payments due by the date of the
10 petition.
11 (4) If the obligor files a petition contesting
12 withholding within the 20-day period required under paragraph
13 (3), the Clerk of the Circuit Court shall notify the obligor
14 and the obligee or public office, as appropriate, of the time
15 and place of the hearing on the petition. The court shall
16 hold the hearing pursuant to the provisions of subsection
17 (F).
18 (B) Entry of an Order for Withholding.
19 (1) Upon entry of any order for support on or after
20 January 1, 1984, the court shall enter a separate order for
21 withholding which shall not take effect unless the obligor
22 becomes delinquent in paying the order for support or the
23 obligor requests an earlier effective date; except that the
24 court may require the order for withholding to take effect
25 immediately.
26 On or after January 1, 1989, the court shall require the
27 order for withholding to take effect immediately, unless a
28 written agreement is reached between and signed by both
29 parties providing for an alternative arrangement, approved
30 and entered into the record by the court, which insures
31 payment of support. In that case, the court shall enter the
32 order for withholding which will not take effect unless the
33 obligor becomes delinquent in paying the order for support.
34 Upon entry of any order of support on or after September
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1 11, 1989, if the obligor is not a United States citizen, the
2 obligor shall provide to the court the obligor's alien
3 registration number, passport number, and home country's
4 social security or national health number, if applicable; the
5 court shall make the information part of the record in the
6 case.
7 (2) An order for withholding shall be entered upon
8 petition by the obligee or public office where an order for
9 withholding has not been previously entered.
10 (3) The order for withholding shall:
11 (a) Direct any payor to withhold a dollar amount
12 equal to the order for support; and
13 (b) Direct any payor to withhold an additional
14 dollar amount, not less than 20% of the order for
15 support, until payment in full of any delinquency stated
16 in the notice of delinquency provided for in subsection
17 (C) or (F) of this Section; and
18 (c) Direct any payor or labor union or trade union
19 to enroll a child as a beneficiary of a health insurance
20 plan and withhold or cause to be withheld, if
21 applicable, any required premiums; and
22 (d) State the rights, remedies and duties of the
23 obligor under this Section; and
24 (e) Include the obligor's Social Security Number,
25 which the obligor shall disclose to the court; and
26 (f) Include the date that withholding for current
27 support terminates, which shall be the date of
28 termination of the current support obligation set forth
29 in the order for support.
30 (4) At the time the order for withholding is entered,
31 the Clerk of the Circuit Court shall provide a copy of the
32 order for withholding and the order for support to the
33 obligor and shall make copies available to the obligee and
34 public office. Any copy of the order for withholding
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1 furnished to the parties under this subsection shall be
2 stamped "Not Valid".
3 (5) The order for withholding shall remain in effect for
4 as long as the order for support upon which it is based.
5 (6) The failure of an order for withholding to state an
6 arrearage is not conclusive of the issue of whether an
7 arrearage is owing.
8 (7) Notwithstanding the provisions of this subsection,
9 if the court finds at the time of any hearing that an
10 arrearage has accrued in an amount equal to at least one
11 month's support obligation or that the obligor is 30 days
12 late in paying all or part of the order for support, the
13 court shall order immediate service of the order for
14 withholding upon the payor.
15 (8) Where the court has not required that the order for
16 withholding take effect immediately, the obligee or public
17 office may prepare and serve a notice for immediate
18 withholding upon the obligor by ordinary mail addressed to
19 the obligor at his or her last known address. The notice
20 shall state that the following circumstances have occurred:
21 (a) The parties' written agreement providing an
22 alternative arrangement to immediate withholding under
23 paragraph (1) of this subsection no longer provides for
24 timely payment of all support due; or
25 (b) The obligor has not made timely payments in
26 that the obligor has been at least 7 days late in paying
27 all or part of the order for support any of the last 6
28 consecutive dates payments were due prior to the date of
29 the notice for immediate withholding.
30 The notice for immediate withholding shall clearly state
31 that a specially certified copy of the order for withholding
32 will be sent to the payor, unless the obligor files a
33 petition contesting immediate withholding within 20 days
34 after service of the notice; however, the grounds for the
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1 petition shall be limited to a dispute concerning whether the
2 circumstances stated in the notice have occurred or the
3 identity of the obligor. It shall not be grounds for the
4 petition that the obligor has made all payments due by the
5 date of the petition.
6 If the obligor files a petition contesting immediate
7 withholding within the 20-day period required under this
8 paragraph, the Clerk of the Circuit Court shall notify the
9 obligor and the obligee or public office, as appropriate, of
10 the time and place of the hearing on the petition. Upon
11 hearing the petition, the court shall enter an order granting
12 or denying relief. It shall not be grounds for granting the
13 obligor's petition that he or she has made all payments due
14 by the date of hearing. If the court denies the obligor's
15 petition, it shall order immediate service of the order for
16 withholding and direct the clerk to provide a specially
17 certified copy of the order for withholding to the obligee or
18 public office indicating that the requirements for immediate
19 withholding under this paragraph have been met.
20 If the obligor does not file a petition contesting
21 immediate withholding within the 20-day period, the obligee
22 or public office shall file with the Clerk of the Circuit
23 Court an affidavit, with a copy of the notice for immediate
24 withholding attached thereto, stating that the notice was
25 duly served and the date on which service was effected, and
26 that the obligor has not filed a petition contesting
27 immediate withholding. The clerk shall then provide to the
28 obligee or public office a specially certified copy of the
29 order for withholding indicating that the requirements for
30 immediate withholding under this paragraph have been met.
31 Upon receipt of a specially certified copy of the order
32 for withholding, the obligee or public office may serve the
33 order on the payor, its superintendent, manager or other
34 agent, by certified mail or personal delivery. A proof of
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1 service shall be filed with the Clerk of the Circuit Court.
2 (C) Notice of Delinquency.
3 (1) Whenever an obligor becomes delinquent in payment of
4 an amount equal to at least one month's support obligation
5 pursuant to the order for support or is at least 30 days late
6 in complying with all or part of the order for support,
7 whichever occurs first, the obligee or public office may
8 prepare and serve a verified notice of delinquency, together
9 with a form petition to stay service, pursuant to paragraph
10 (3) of this subsection.
11 (2) The notice of delinquency shall recite the terms of
12 the order for support and contain a computation of the period
13 and total amount of the delinquency, as of the date of the
14 notice. The notice shall clearly state that it will be sent
15 to the payor, together with a specially certified copy of the
16 order for withholding, except as provided in subsection (F),
17 unless the obligor files a petition to stay service in
18 accordance with paragraph (1) of subsection (D).
19 (3) The notice of delinquency shall be served by
20 ordinary mail addressed to the obligor at his or her last
21 known address.
22 (4) The obligor may execute a written waiver of the
23 provisions of paragraphs (1) through (3) of this subsection
24 and request immediate service upon the payor.
25 (D) Procedures to Avoid Income Withholding.
26 (1) Except as provided in subsection (F), the obligor
27 may prevent an order for withholding from being served by
28 filing a petition to stay service with the Clerk of the
29 Circuit Court, within 20 days after service of the notice of
30 delinquency; however, the grounds for the petition to stay
31 service shall be limited to:
32 (a) A dispute concerning the amount of current
33 support or the existence or amount of the delinquency;
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1 (b) The identity of the obligor.
2 The Clerk of the Circuit Court shall notify the obligor
3 and the obligee or public office, as appropriate, of the time
4 and place of the hearing on the petition to stay service. The
5 court shall hold such hearing pursuant to the provisions of
6 subsection (H).
7 (2) Except as provided in subsection (F), filing of a
8 petition to stay service, within the 20-day period required
9 under this subsection, shall prohibit the obligee or public
10 office from serving the order for withholding on any payor of
11 the obligor.
12 (E) Initial Service of Order for Withholding.
13 (1) Except as provided in subsection (F), in order to
14 serve an order for withholding upon a payor, an obligee or
15 public office shall follow the procedures set forth in this
16 subsection. After 20 days following service of the notice of
17 delinquency, the obligee or public office shall file with the
18 Clerk of the Circuit Court an affidavit, with the copy of the
19 notice of delinquency attached thereto, stating:
20 (a) that the notice of delinquency has been duly
21 served and the date on which service was effected; and
22 (b) that the obligor has not filed a petition to
23 stay service, or in the alternative
24 (c) that the obligor has waived the provisions of
25 subparagraphs (a) and (b) of this paragraph (1) in
26 accordance with subsection (C)(4).
27 (2) Upon request of the obligee or public office, the
28 Clerk of the Circuit Court shall: (a) make available any
29 record of payment; and (b) determine that the file contains a
30 copy of the affidavit described in paragraph (1). The Clerk
31 shall then provide to the obligee or public office a
32 specially certified copy of the order for withholding and the
33 notice of delinquency indicating that the preconditions for
34 service have been met.
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1 (3) The obligee or public office may then serve the
2 notice of delinquency and order for withholding on the payor,
3 its superintendent, manager or other agent, by certified mail
4 or personal delivery. A proof of service shall be filed with
5 the Clerk of the Circuit Court.
6 (F) Subsequent Service of Order for Withholding.
7 (1) Notwithstanding the provisions of this Section, at
8 any time after the court has ordered immediate service of an
9 order for withholding or after initial service of an order
10 for withholding pursuant to subsection (E), the obligee or
11 public office may serve the order for withholding upon any
12 payor of the obligor without further notice to the obligor.
13 The obligee or public office shall provide notice to the
14 payor, pursuant to paragraph (6) of subsection (I), of any
15 payments that have been made through previous withholding or
16 any other method.
17 (2) The Clerk of the Circuit Court shall, upon request,
18 provide the obligee or public office with specially certified
19 copies of the order for withholding or the notice of
20 delinquency or both whenever the Court has ordered immediate
21 service of an order for withholding or an affidavit has been
22 placed in the court file indicating that the preconditions
23 for service have been previously met. The obligee or public
24 office may then serve the order for withholding on the payor,
25 its superintendent, manager or other agent by certified mail
26 or 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 the Illinois Public Aid Code is not
25 being provided to the obligee non-AFDC matters and then to
26 past due support payments ordered in cases in which cash
27 assistance under the Illinois Public Aid Code is being
28 provided to the obligee AFDC matters, both on a proportionate
29 share basis. A payor who complies with an income withholding
30 notice that is regular on its face shall not be subject to
31 civil liability with respect to any individual, any agency,
32 or any creditor of the obligor for conduct in compliance with
33 the notice. Payment as required by the order for withholding
34 shall be a complete defense by the payor against any claims
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1 of the obligor or his creditors as 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 notice served by the obligee of
25 delinquency filed pursuant to subsection (C) to the Division
26 Bureau of Child Support Enforcement of the Illinois
27 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 (750 ILCS 5/707) (from Ch. 40, par. 707)
9 Sec. 707. Certificate of Dissolution or Invalidity of
10 Marriage - Filing with Department of Public Health.) A
11 certificate of each dissolution of marriage or declaration of
12 invalidity of marriage ordered in this State shall be filed
13 with the Illinois Department of Public Health on a form
14 furnished by such Department. The form shall contain the
15 social security numbers of the parties whose marriage has
16 been dissolved or declared invalid. This form shall be
17 prepared by the person filing the petition for dissolution of
18 marriage or declaration of invalidity of marriage and shall
19 be presented to the judge of the court for his inspection
20 prior to the entry of the final order. Failure to comply
21 with this Act shall not invalidate any judgment of
22 dissolution of marriage or declaration of invalidity of
23 marriage. Immediately after the judgment is granted, the
24 clerk of the court shall complete the remaining entries on
25 the certificate. Within 45 days after the close of the month
26 in which the judgment is rendered, the clerk shall forward
27 the certificate to the Illinois Department of Public Health.
28 (Source: P.A. 81-399.)
29 Section 105. The Non-Support of Spouse and Children Act
30 is amended by changing Sections 2.1, 3, 4.1, and 12 as
31 follows:
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1 (750 ILCS 15/2.1) (from Ch. 40, par. 1105)
2 Sec. 2.1. Support payments; receiving and disbursing
3 agents.
4 (1) In actions instituted under this Act on and after
5 August 14, 1961, involving a minor child or children, the
6 Court, except in actions instituted on or after August 26,
7 1969, in which the support payments are in behalf of a
8 recipient of aid under the Illinois Public Aid Code, shall
9 direct that moneys ordered to be paid for support under
10 Sections 3 and 4 of this Act shall be paid to the clerk of
11 the court in counties of less than 3 million population, and
12 in counties of 3 million or more population, to the clerk or
13 probation officer of the court or to the Court Service
14 Division of the County Department of Public Aid. After the
15 effective date of this amendatory Act of 1975, the court
16 shall direct that such support moneys be paid to the clerk or
17 probation officer or the Illinois Department of Public Aid.
18 However, the court in its discretion may direct otherwise
19 where exceptional circumstances so warrant. If payment is to
20 be made to persons other than the clerk or probation officer,
21 the Court Service Division of the County Department of Public
22 Aid, or the Illinois Department of Public Aid, the judgment
23 or order of support shall set forth the facts of the
24 exceptional circumstances.
25 (2) In actions instituted after August 26, 1969, where
26 the support payments are in behalf of spouses, children, or
27 both, who are recipients of aid under the Illinois Public Aid
28 Code, the court shall order the payments to be made directly
29 to (1) the Illinois Department of Public Aid if the person is
30 a recipient under Articles III, IV or V of the Code, or (2)
31 to the local governmental unit responsible for the support of
32 the person if he or she is a recipient under Articles VI or
33 VII of the Code. In accordance with federal law and
34 regulations, the Illinois Department of Public Aid may
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1 continue to collect current maintenance payments or child
2 support payments, or both, after those persons cease to
3 receive public assistance and until termination of services
4 under Article X of the Illinois Public Aid Code. The
5 Illinois Department of Public Aid shall pay the net amount
6 collected to those persons after deducting any costs incurred
7 in making the collection or any collection fee from the
8 amount of any recovery made. The order shall permit the
9 Illinois Department of Public Aid or the local governmental
10 unit, as the case may be, to direct that support payments be
11 made directly to the spouse, children, or both, or to some
12 person or agency in their behalf, upon removal of the spouse
13 or children from the public aid rolls or upon termination of
14 services under Article X of the Illinois Public Aid Code; and
15 upon such direction, the Illinois Department or the local
16 governmental unit, as the case requires, shall give notice of
17 such action to the court in writing or by electronic
18 transmission.
19 (3) The clerks, probation officers, and the Court
20 Service Division of the County Department of Public Aid in
21 counties of 3 million or more population, and, after the
22 effective date of this amendatory Act of 1975, the clerks,
23 probation officers, and the Illinois Department of Public
24 Aid, shall disburse moneys paid to them to the person or
25 persons entitled thereto under the order of the Court. They
26 shall establish and maintain current records of all moneys
27 received and disbursed and of delinquencies and defaults in
28 required payments. The Court, by order or rule, shall make
29 provision for the carrying out of these duties.
30 In cases in which a party is receiving child and spouse
31 support services under Article X of the Illinois Public Aid
32 Code and the order for support provides that child support
33 payments be made to the obligee, the Illinois Department of
34 Public Aid may provide notice to the obligor and the
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1 obligor's payor, when income withholding is in effect under
2 Section 4.1 of this Act, to make all payments after receipt
3 of the Department's notice to the clerk of the court until
4 further notice by the Department or order of the court.
5 Copies of the notice shall be provided to the obligee and the
6 clerk. The clerk's copy shall contain a proof of service on
7 the obligor and the obligor's payor, where applicable. The
8 clerk shall file the clerk's copy of the notice in the court
9 file. The notice to the obligor and the payor, if applicable,
10 may be sent by ordinary mail, certified mail, return receipt
11 requested, facsimile transmission, or other electronic
12 process, or may be served upon the obligor or payor using any
13 method provided by law for service of a summons. An obligor
14 who fails to comply with a notice provided under this
15 paragraph is guilty of a Class B misdemeanor. A payor who
16 fails to comply with a notice provided under this paragraph
17 is guilty of a business offense and subject to a fine of up
18 to $1,000.
19 Upon notification in writing or by electronic
20 transmission from the Illinois Department of Public Aid to
21 the clerk of the court that a person who is receiving support
22 payments under this Section is receiving services under the
23 Child Support Enforcement Program established by Title IV-D
24 of the Social Security Act, any support payments subsequently
25 received by the clerk of the court shall be transmitted in
26 accordance with the instructions of the Illinois Department
27 of Public Aid until the Department gives notice to cease the
28 transmittal. After providing the notification authorized
29 under this paragraph, the Illinois Department of Public Aid
30 shall be entitled as a party to notice of any further
31 proceedings in the case. The clerk of the court shall file a
32 copy of the Illinois Department of Public Aid's notification
33 in the court file. The failure of the clerk to file a copy
34 of the notification in the court file shall not, however,
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1 affect the Illinois Department of Public Aid's right to
2 receive notice of further proceedings.
3 (4) Payments under this Section to the Illinois
4 Department of Public Aid pursuant to the Child Support
5 Enforcement Program established by Title IV-D of the Social
6 Security Act shall be paid into the Child Support Enforcement
7 Trust Fund. All other payments under this Section to the
8 Illinois Department of Public Aid shall be deposited in the
9 Public Assistance Recoveries Trust Fund. Disbursements from
10 these funds shall be as provided in the Illinois Public Aid
11 Code. Payments received by a local governmental unit shall be
12 deposited in that unit's General Assistance Fund.
13 (5) Orders and assignments entered or executed prior to
14 the Act approved August 14, 1961 shall not be affected
15 thereby. Employers served with wage assignments executed
16 prior to that date shall comply with the terms thereof.
17 However, the Court, on petition of the state's attorney, or
18 of the Illinois Department of Public Aid or local
19 governmental unit in respect to recipients of public aid, may
20 order the execution of new assignments and enter new orders
21 designating the clerk, probation officer, or the Illinois
22 Department of Public Aid or appropriate local governmental
23 unit in respect to payments in behalf of recipients of public
24 aid, as the person or agency authorized to receive and
25 disburse the salary or wages assigned. On like petition the
26 Court may enter new orders designating such officers,
27 agencies or governmental units to receive and disburse the
28 payments ordered under Section 4.
29 (6) For those cases in which child support is payable to
30 the clerk of the circuit court for transmittal to the
31 Illinois Department of Public Aid by order of court or upon
32 notification by the Illinois Department of Public Aid, the
33 clerk shall transmit all such payments, within 4 working days
34 of receipt, to insure that funds are available for immediate
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1 distribution by the Department to the person or entity
2 entitled thereto in accordance with standards of the Child
3 Support Enforcement Program established under Title IV-D of
4 the Social Security Act. The clerk shall notify the
5 Department of the date of receipt and amount thereof at the
6 time of transmittal. Where the clerk has entered into an
7 agreement of cooperation with the Department to record the
8 terms of child support orders and payments made thereunder
9 directly into the Department's automated data processing
10 system, the clerk shall account for, transmit and otherwise
11 distribute child support payments in accordance with such
12 agreement in lieu of the requirements contained herein.
13 (Source: P.A. 88-687, eff. 1-24-95.)
14 (750 ILCS 15/3) (from Ch. 40, par. 1106)
15 Sec. 3. At any time before the trial, upon motion of the
16 State's Attorney, or of the Attorney General if the action
17 has been instituted by his office, and upon notice to the
18 defendant, or at the time of arraignment or as a condition of
19 the postponement of arraignment, the court at any time may
20 enter such temporary order as may seem just, providing for
21 the support or maintenance of the spouse or child or children
22 of the defendant, or both, pendente lite.
23 The Court shall determine the amount of child support by
24 using the guidelines and standards set forth in subsection
25 (a) of Section 505 and in Section 505.2 of the Illinois
26 Marriage and Dissolution of Marriage Act.
27 The Court shall determine the amount of maintenance using
28 the standards set forth in Section 504 of the Illinois
29 Marriage and Dissolution of Marriage Act.
30 The court may for violation of any order under this
31 Section punish the offender as for a contempt of court, but
32 no pendente lite order shall remain in force for a longer
33 term than 4 months, or after the discharge of any panel of
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1 jurors summoned for service thereafter in such court,
2 whichever is the sooner.
3 Any new or existing support order entered by the court
4 under this Section shall be deemed to be a series of
5 judgments against the person obligated to pay support
6 thereunder, each such judgment to be in the amount of each
7 payment or installment of support and each such judgment to
8 be deemed entered as of the date the corresponding payment or
9 installment becomes due under the terms of the support order.
10 Each such judgment shall have the full force, effect and
11 attributes of any other judgment of this State, including the
12 ability to be enforced. Any such judgment is subject to
13 modification or termination only in accordance with Section
14 510 of the Illinois Marriage and Dissolution of Marriage Act.
15 A lien arises by operation of law against the real and
16 personal property of the noncustodial parent for each
17 installment of overdue support owed by the noncustodial
18 parent.
19 A one-time interest charge of 20% is imposable upon the
20 amount of past-due child support owed on July 1, 1988 which
21 has accrued under a support order entered by the court. The
22 charge shall be imposed in accordance with the provisions of
23 Section 10-21 of the Illinois Public Aid Code and shall be
24 enforced by the court upon petition.
25 All orders An order for support, when entered or
26 modified, in a case in which a party is receiving child and
27 spouse support services under Article X of the Illinois
28 Public Aid Code shall include a provision requiring the
29 non-custodial parent to notify the court and, in cases in
30 which a party is receiving child and spouse support services
31 under Article X of the Illinois Public Aid Code, the Illinois
32 Department of Public Aid, within 7 days, (i) of the name and
33 address of any new employer of the non-custodial parent, (ii)
34 whether the non-custodial parent has access to health
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1 insurance coverage through the employer or other group
2 coverage, and, if so, the policy name and number and the
3 names of persons covered under the policy, and (iii) of any
4 new residential or mailing address or telephone number of the
5 non-custodial parent. In any subsequent action to enforce a
6 support order, upon a sufficient showing that a diligent
7 effort has been made to ascertain the location of the
8 non-custodial parent, service of process or provision of
9 notice necessary in the case may be made at the last known
10 address of the non-custodial parent in any manner expressly
11 provided by the Code of Civil Procedure or this Act, which
12 service shall be sufficient for purposes of due process.
13 An order for support shall include a date on which the
14 current support obligation terminates. The termination date
15 shall be no earlier than the date on which the child covered
16 by the order will attain the age of majority or is otherwise
17 emancipated. The order for support shall state that the
18 termination date does not apply to any arrearage that may
19 remain unpaid on that date. Nothing in this paragraph shall
20 be construed to prevent the court from modifying the order.
21 (Source: P.A. 88-307.)
22 (750 ILCS 15/4.1) (from Ch. 40, par. 1107.1)
23 (Text of Section before amendment by P.A. 89-507)
24 Sec. 4.1. 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
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1 (c) Enrollment in a health insurance plan that is
2 available to the obligor through an employer or labor
3 union or trade union.
4 (2) "Arrearage" means the total amount of unpaid support
5 obligations.
6 (3) "Delinquency" means any payment under an order for
7 support which becomes due and remains unpaid after an order
8 for withholding has been entered under subsection (B) or, for
9 purposes of subsection (K), after the last order for support
10 was entered for which no order for 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 and
15 retirement benefits, lottery prize awards, insurance
16 proceeds, vacation pay, bonuses, profit-sharing payments and
17 any other payments, made by any person, private entity,
18 federal or state government, any unit of local government,
19 school district or any entity created by Public Act; however,
20 "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 Mental Health and
11 Developmental Disabilities, the Illinois Department of
12 Children and Family Services, and the various State's
13 Attorneys, Clerks of the Circuit Court and supervisors of
14 general assistance.
15 (9) "Premium" means the dollar amount for which the
16 obligor is liable to his employer or labor union or trade
17 union and which must be paid to enroll or maintain a child in
18 a health insurance plan that is available to the obligor
19 through an employer or labor union or trade union.
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
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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:
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1 (a) A dispute concerning the amount of current
2 support or the existence or amount of the delinquency;
3 (b) The identity of the obligor.
4 The Clerk of the Circuit Court shall notify the obligor
5 and the obligee or public office, as appropriate, of the time
6 and place of the hearing on the petition to stay service. The
7 court shall hold such hearing pursuant to the provisions of
8 subsection (H).
9 (2) Except as provided in subsection (F), filing of a
10 petition to stay service, within the 20-day period required
11 under this subsection, shall prohibit the obligee or public
12 office from serving the order for withholding on any payor of
13 the obligor.
14 (E) Initial Service of Order for Withholding.
15 (1) Except as provided in subsection (F), in order to
16 serve an order for withholding upon a payor, an obligee or
17 public office shall follow the procedures set forth in this
18 subsection. After 20 days following service of the notice of
19 delinquency, the obligee or public office shall file with the
20 Clerk of the Circuit Court an affidavit, with the copy of the
21 notice of delinquency attached thereto, stating:
22 (a) that the notice of delinquency has been duly
23 served and the date on which service was effected; and
24 (b) that the obligor has not filed a petition to
25 stay service, or in the alternative
26 (c) that the obligor has waived the provisions of
27 subparagraphs (a) and (b) of this paragraph (1) in
28 accordance with subsection (C)(4).
29 (2) Upon request of the obligee or public office, the
30 Clerk of the Circuit Court shall: (a) make available any
31 record of payment; and (b) determine that the file contains a
32 copy of the affidavit described in paragraph (1). The Clerk
33 shall then provide to the obligee or public office a
34 specially certified copy of the order for withholding and the
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1 notice of delinquency indicating that the preconditions for
2 service have been met.
3 (3) The obligee or public office may then serve the
4 notice of delinquency and order for withholding on the payor,
5 its superintendent, manager or other agent, by certified mail
6 or personal delivery. A proof of service shall be filed with
7 the Clerk of the Circuit Court.
8 (F) Subsequent Service of Order for Withholding.
9 (1) Notwithstanding the provisions of this Section, at
10 any time after the court has ordered immediate service of an
11 order for withholding or after initial service of an order
12 for withholding pursuant to subsection (E), the obligee or
13 public office may serve the order for withholding upon any
14 payor of the obligor without further notice to the obligor.
15 The obligee or public office shall provide notice to the
16 payor, pursuant to paragraph (6) of subsection (I), of any
17 payments that have been made through previous withholding or
18 any other method.
19 (2) The Clerk of the Circuit Court shall, upon request,
20 provide the obligee or public office with specially certified
21 copies of the order for withholding or the notice of
22 delinquency or both whenever the Court has ordered immediate
23 service of an order for withholding or an affidavit has been
24 placed in the court file indicating that the preconditions
25 for service have been previously met. The obligee or public
26 office may then serve the order for withholding on the payor,
27 its superintendent, manager or other agent by certified mail
28 or personal delivery. A proof of service shall be filed with
29 the Clerk of the Circuit Court.
30 (3) If a delinquency has accrued for any reason, the
31 obligee or public office may serve a notice of delinquency
32 upon the obligor pursuant to subsection (C). The obligor may
33 prevent the notice of delinquency from being served upon the
34 payor by utilizing the procedures set forth in subsection
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1 (D).
2 If no petition to stay service has been filed within the
3 required 20 day time period, the obligee or public office may
4 serve the notice of delinquency on the payor by utilizing the
5 procedures for service set forth in subsection (E).
6 (G) Duties of Payor.
7 (1) It shall be the duty of any payor who has been
8 served with a copy of the specially certified order for
9 withholding and any notice of delinquency to deduct and pay
10 over income as provided in this subsection. The payor shall
11 deduct the amount designated in the order for withholding, as
12 supplemented by the notice of delinquency and any notice
13 provided pursuant to paragraph (6) of subsection (I),
14 beginning no later than the next payment of income which is
15 payable to the obligor that occurs 14 days following the date
16 the order and any notice were mailed by certified mail or
17 placed for personal delivery. The payor may combine all
18 amounts withheld for the benefit of an obligee or public
19 office into a single payment and transmit the payment with a
20 listing of obligors from whom withholding has been effected.
21 The payor shall pay the amount withheld to the obligee or
22 public office within 10 calendar days of the date income is
23 paid to the obligor in accordance with the order for
24 withholding and any subsequent notification received from the
25 public office redirecting payments. If the payor knowingly
26 fails to pay any amount withheld to the obligee or public
27 office within 10 calendar days of the date income is paid to
28 the obligor, the payor shall pay a penalty of $100 for each
29 day that the withheld amount is not paid to the obligee or
30 public office after the period of 10 calendar days has
31 expired. The failure of a payor, on more than one occasion,
32 to pay amounts withheld to the obligee or public office
33 within 10 calendar days of the date income is paid to the
34 obligor creates a presumption that the payor knowingly failed
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1 to pay the amounts. This penalty may be collected in a civil
2 action which may be brought against the payor in favor of the
3 obligee. For purposes of this Section, a withheld amount
4 shall be considered paid by a payor on the date it is mailed
5 by the payor, or on the date an electronic funds transfer of
6 the amount has been initiated by the payor, or on the date
7 delivery of the amount has been initiated by the payor. For
8 each deduction, the payor shall provide the obligee or public
9 office, at the time of transmittal, with the date income was
10 paid from which support was withheld.
11 Upon receipt of an order requiring that a minor child be
12 named as a beneficiary of a health insurance plan available
13 through an employer or labor union or trade union, the
14 employer or labor union or trade union shall immediately
15 enroll the minor child as a beneficiary in the health
16 insurance plan designated by the court order. The employer
17 shall withhold any required premiums and pay over any amounts
18 so withheld and any additional amounts the employer pays to
19 the insurance carrier in a timely manner. The employer or
20 labor union or trade union shall mail to the obligee, within
21 15 days of enrollment or upon request, notice of the date of
22 coverage, information on the dependent coverage plan, and all
23 forms necessary to obtain reimbursement for covered health
24 expenses, such as would be made available to a new employee.
25 When an order for dependent coverage is in effect and the
26 insurance coverage is terminated or changed for any reason,
27 the employer or labor union or trade union shall notify the
28 obligee within 10 days of the termination or change date
29 along with notice of conversion privileges.
30 For withholding of income, the payor shall be entitled to
31 receive a fee not to exceed $5 per month or the actual check
32 processing cost to be taken from the income to be paid to the
33 obligor.
34 (2) Whenever the obligor is no longer receiving income
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1 from the payor, the payor shall return a copy of the order
2 for withholding to the obligee or public office and shall
3 provide information for the purpose of enforcing this
4 Section.
5 (3) Withholding of income under this Section shall be
6 made without regard to any prior or subsequent garnishments,
7 attachments, wage assignments, or any other claims of
8 creditors. Withholding of income under this Section shall
9 not be in excess of the maximum amounts permitted under the
10 federal Consumer Credit Protection Act. If the payor has been
11 served with more than one order for withholding pertaining to
12 the same obligor, the payor shall allocate income available
13 for withholding on a proportionate share basis, giving
14 priority to current support payments. If there is any income
15 available for withholding after withholding for all current
16 support obligations, the payor shall allocate the income to
17 past due support payments ordered in non-AFDC matters and
18 then to past due support payments ordered in AFDC matters,
19 both on a proportionate share basis. Payment as required by
20 the order for withholding shall be a complete defense by the
21 payor against any claims of the obligor or his creditors as
22 to the sum so paid.
23 (4) No payor shall discharge, discipline, refuse to hire
24 or otherwise penalize any obligor because of the duty to
25 withhold income.
26 (H) Petitions to Stay Service or to Modify, Suspend or
27 Terminate Orders for Withholding.
28 (1) When an obligor files a petition to stay service,
29 the court, after due notice to all parties, shall hear the
30 matter as soon as practicable and shall enter an order
31 granting or denying relief, amending the notice of
32 delinquency, amending the order for withholding, where
33 applicable, or otherwise resolving the matter. If the court
34 finds that a delinquency existed when the notice of
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1 delinquency was served upon the obligor, in an amount of at
2 least one month's support obligation, or that the obligor was
3 at least 30 days late in paying all or part of the order for
4 support, the court shall order immediate service of the order
5 for withholding. Where the court cannot promptly resolve any
6 dispute over the amount of the delinquency, the court may
7 order immediate service of the order for withholding as to
8 any undisputed amounts specified in an amended notice of
9 delinquency, and may continue the hearing on the disputed
10 amounts.
11 (2) At any time, an obligor, obligee, public office or
12 Clerk of the Circuit Court may petition the court to:
13 (a) Modify, suspend or terminate the order for
14 withholding because of a modification, suspension or
15 termination of the underlying order for support; or
16 (b) Modify the amount of income to be withheld to
17 reflect payment in full or in part of the delinquency or
18 arrearage by income withholding or otherwise; or
19 (c) Suspend the order for withholding because of
20 inability to deliver income withheld to the obligee due
21 to the obligee's failure to provide a mailing address or
22 other means of delivery.
23 (3) The obligor, obligee or public office shall serve on
24 the payor, by certified mail or personal delivery, a copy of
25 any order entered pursuant to this subsection that affects
26 the duties of the payor.
27 (4) At any time, a public office or Clerk of the Circuit
28 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 (5) The notice provided for under paragraph (4) of this
3 subsection shall be served on the payor by ordinary mail, and
4 a copy shall be provided to the obligor and the obligee. A
5 copy of the notice shall be filed with the Clerk of the
6 Circuit Court.
7 (6) The order for withholding shall continue to be
8 binding upon the payor until service of any order of the
9 court or notice entered or provided for under this
10 subsection.
11 (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 notice of delinquency filed pursuant to
20 subsection (C) to the Bureau of Child Support of the Illinois
21 Department of Public Aid.
22 (3) Each obligor shall notify the obligee and the Clerk
23 of the Circuit Court of any change of address within 7 days.
24 (4) An obligor whose income is being withheld or who has
25 been served with a notice of delinquency pursuant to this
26 Section shall notify the obligee and the Clerk of the Circuit
27 Court of any new payor, within 7 days.
28 (5) When the Illinois Department of Public Aid is no
29 longer authorized to receive payments for the obligee, it
30 shall, within 7 days, notify the payor or, where appropriate,
31 the Clerk of the Circuit Court, to redirect income
32 withholding payments to the obligee.
33 (6) The obligee or public office shall provide notice to
34 the payor and Clerk of the Circuit Court of any other support
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1 payment made, including but not limited to, a set-off under
2 federal and State law or partial payment of the delinquency
3 or arrearage, or both.
4 (7) Any public office and Clerk of the Circuit Court
5 which collects, disburses or receives payments pursuant to
6 orders for withholding shall maintain complete, accurate, and
7 clear records of all payments and their disbursements.
8 Certified copies of payment records maintained by a public
9 office or Clerk of the Circuit Court shall, without further
10 proof, be admitted into evidence in any legal proceedings
11 under this Section.
12 (8) The Illinois Department of Public Aid shall design
13 suggested legal forms for proceeding under this Section and
14 shall make available to the courts such forms and
15 informational materials which describe the procedures and
16 remedies set forth herein for distribution to all parties in
17 support actions.
18 (9) At the time of transmitting each support payment,
19 the clerk of the circuit court shall provide the obligee or
20 public office, as appropriate, with any information furnished
21 by the payor as to the date income was paid from which such
22 support was withheld.
23 (J) Penalties.
24 (1) Where a payor wilfully fails to withhold or pay over
25 income pursuant to a properly served, specially certified
26 order for withholding and any notice of delinquency, or
27 wilfully discharges, disciplines, refuses to hire or
28 otherwise penalizes an obligor as prohibited by subsection
29 (G), or otherwise fails to comply with any duties imposed by
30 this Section, the obligee, public office or obligor, as
31 appropriate, may file a complaint with the court against the
32 payor. The clerk of the circuit court shall notify the
33 obligee or public office, as appropriate, and the obligor and
34 payor of the time and place of the hearing on the complaint.
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1 The court shall resolve any factual dispute including, but
2 not limited to, a denial that the payor is paying or has paid
3 income to the obligor. Upon a finding in favor of the
4 complaining party, the court:
5 (a) Shall enter judgment and direct the enforcement
6 thereof for the total amount that the payor wilfully
7 failed to withhold or pay over; and
8 (b) May order employment or reinstatement of or
9 restitution to the obligor, or both, where the obligor
10 has been discharged, disciplined, denied employment or
11 otherwise penalized by the payor and may impose a fine
12 upon the payor not to exceed $200.
13 (2) Any obligee, public office or obligor who wilfully
14 initiates a false proceeding under this Section or who
15 wilfully fails to comply with the requirements of this
16 Section shall be punished as in cases of contempt of court.
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 (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 January 1, 1984.
34 (Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
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1 88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
2 (Text of Section after amendment by P.A. 89-507)
3 Sec. 4.1. Withholding of Income to Secure Payment of
4 Support.
5 (A) Definitions.
6 (1) "Order for support" means any order of the court
7 which provides for periodic payment of funds for the support
8 of a child or maintenance of a spouse, whether temporary or
9 final, and includes any such order which provides for:
10 (a) Modification or resumption of, or payment of
11 arrearage accrued under, a previously existing order;
12 (b) Reimbursement of support; or
13 (c) Enrollment in a health insurance plan that is
14 available to the obligor through an employer or labor
15 union or trade union.
16 (2) "Arrearage" means the total amount of unpaid support
17 obligations as determined by the court and incorporated into
18 an order for support.
19 (3) "Delinquency" means any payment under an order for
20 support which becomes due and remains unpaid after entry of
21 the an order for support withholding has been entered under
22 subsection (B) or, for purposes of subsection (K), after the
23 last order for support was entered for which no order for
24 withholding was entered.
25 (4) "Income" means any form of periodic payment to an
26 individual, regardless of source, including, but not limited
27 to: wages, salary, commission, compensation as an independent
28 contractor, workers' compensation, disability, annuity,
29 pension, and retirement benefits, lottery prize awards,
30 insurance proceeds, vacation pay, bonuses, profit-sharing
31 payments, interest, and any other payments, made by any
32 person, private entity, federal or state government, any unit
33 of local government, school district or any entity created by
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1 Public Act; however, "income" excludes:
2 (a) Any amounts required by law to be withheld,
3 other than creditor claims, including, but not limited
4 to, federal, State and local taxes, Social Security and
5 other retirement and disability contributions;
6 (b) Union dues;
7 (c) Any amounts exempted by the federal Consumer
8 Credit Protection Act;
9 (d) Public assistance payments; and
10 (e) Unemployment insurance benefits except as
11 provided by law.
12 Any other State or local laws which limit or exempt
13 income or the amount or percentage of income that can be
14 withheld shall not apply.
15 (5) "Obligor" means the individual who owes a duty to
16 make payments under an order for support.
17 (6) "Obligee" means the individual to whom a duty of
18 support is owed or the individual's legal representative.
19 (7) "Payor" means any payor of income to an obligor.
20 (8) "Public office" means any elected official or any
21 State or local agency which is or may become responsible by
22 law for enforcement of, or which is or may become authorized
23 to enforce, an order for support, including, but not limited
24 to: the Attorney General, the Illinois Department of Public
25 Aid, the Illinois Department of Human Services, the Illinois
26 Department of Children and Family Services, and the various
27 State's Attorneys, Clerks of the Circuit Court and
28 supervisors of general assistance.
29 (9) "Premium" means the dollar amount for which the
30 obligor is liable to his employer or labor union or trade
31 union and which must be paid to enroll or maintain a child in
32 a health insurance plan that is available to the obligor
33 through an employer or labor union or trade union.
34 (B) Entry of Order for Support Containing Income Withholding
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1 Provisions; Income Withholding Notice.
2 (1) In addition to any content required under other
3 laws, every order for support entered on or after July 1,
4 1997, shall:
5 (a) Require an income withholding notice to be
6 prepared and served immediately upon any payor of the
7 obligor by the obligee or public office, unless a written
8 agreement is reached between and signed by both parties
9 providing for an alternative arrangement, approved and
10 entered into the record by the court, which ensures
11 payment of support. In that case, the order for support
12 shall provide that an income withholding notice is to be
13 prepared and served only if the obligor becomes
14 delinquent in paying the order for support; and
15 (b) Contain a dollar amount to be paid until
16 payment in full of any delinquency that accrues after
17 entry of the order for support. The amount for payment
18 of delinquency shall not be less than 20% of the total of
19 the current support amount and the amount to be paid
20 periodically for payment of any arrearage stated in the
21 order for support; and
22 (c) Include the obligor's Social Security Number,
23 which the obligor shall disclose to the court. If the
24 obligor is not a United States citizen, the obligor shall
25 disclose to the court, and the court shall include in the
26 order for support, the obligor's alien registration
27 number, passport number, and home country's social
28 security or national health number, if applicable.
29 (2) At the time the order for support is entered, the
30 Clerk of the Circuit Court shall provide a copy of the order
31 to the obligor and shall make copies available to the obligee
32 and public office.
33 (3) The income withholding notice shall:
34 (a) Be in the standard format prescribed by the
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1 federal Department of Health and Human Services; and
2 (b) Direct any payor to withhold the dollar amount
3 required for current support under the order for support;
4 and
5 (c) Direct any payor to withhold the dollar amount
6 required to be paid periodically under the order for
7 support for payment of the amount of any arrearage stated
8 in the order for support; and
9 (d) Direct any payor or labor union or trade union
10 to enroll a child as a beneficiary of a health insurance
11 plan and withhold or cause to be withheld, if applicable,
12 any required premiums; and
13 (e) State the amount of the payor income
14 withholding fee specified under this Section; and
15 (f) State that the amount actually withheld from
16 the obligor's income for support and other purposes,
17 including the payor withholding fee specified under this
18 Section, may not be in excess of the maximum amount
19 permitted under the federal Consumer Credit Protection
20 Act; and
21 (g) State the duties of the payor and the fines and
22 penalties for failure to withhold and pay over income and
23 for discharging, disciplining, refusing to hire, or
24 otherwise penalizing the obligor because of the duty to
25 withhold and pay over income under this Section; and
26 (h) State the rights, remedies, and duties of the
27 obligor under this Section; and
28 (i) Include the obligor's Social Security Number;
29 and
30 (j) Include the date that withholding for current
31 support terminates, which shall be the date of
32 termination of the current support obligation set forth
33 in the order for support.
34 (4) The accrual of a delinquency as a condition for
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1 service of an income withholding notice, under the exception
2 to immediate withholding in paragraph (1) of this subsection,
3 shall apply only to the initial service of an income
4 withholding notice on a payor of the obligor.
5 (5) Notwithstanding the exception to immediate
6 withholding contained in paragraph (1) of this subsection, if
7 the court finds at the time of any hearing that an arrearage
8 has accrued, the court shall order immediate service of an
9 income withholding notice upon the payor.
10 (6) If the order for support, under the exception to
11 immediate withholding contained in paragraph (1) of this
12 subsection, provides that an income withholding notice is to
13 be prepared and served only if the obligor becomes delinquent
14 in paying the order for support, the obligor may execute a
15 written waiver of that condition and request immediate
16 service on the payor.
17 (7) The obligee or public office may serve the income
18 withholding notice on the payor or its superintendent,
19 manager, or other agent by ordinary mail or certified mail
20 return receipt requested, by facsimile transmission or other
21 electronic means, by personal delivery, or by any method
22 provided by law for service of a summons. At the time of
23 service on the payor and as notice that withholding has
24 commenced, the obligee or public office shall serve a copy of
25 the income withholding notice on the obligor by ordinary mail
26 addressed to his or her last known address. Proofs of
27 service on the payor and the obligor shall be filed with the
28 Clerk of the Circuit Court.
29 (8) At any time after the initial service of an income
30 withholding notice under this Section, any other payor of the
31 obligor may be served with the same income withholding notice
32 without further notice to the obligor.
33 (C) Income Withholding After Accrual of Delinquency.
34 (1) Whenever an obligor accrues a delinquency, the
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1 obligee or public office may prepare and serve upon the
2 obligor's payor an income withholding notice that:
3 (a) Contains the information required under
4 paragraph (3) of subsection (B); and
5 (b) Contains a computation of the period and total
6 amount of the delinquency as of the date of the notice;
7 and
8 (c) Directs the payor to withhold the dollar amount
9 required to be withheld periodically under the order for
10 support for payment of the delinquency.
11 (2) The income withholding notice and the obligor's copy
12 of the income withholding notice shall be served as provided
13 in paragraph (7) of subsection (B).
14 (3) The obligor may contest withholding commenced under
15 this subsection by filing a petition to contest withholding
16 with the Clerk of the Circuit Court within 20 days after
17 service of a copy of the income withholding notice on the
18 obligor. However, the grounds for the petition to contest
19 withholding shall be limited to:
20 (a) A dispute concerning the existence or amount of
21 the delinquency; or
22 (b) The identity of the obligor.
23 The Clerk of the Circuit Court shall notify the obligor
24 and the obligee or public office of the time and place of the
25 hearing on the petition to contest withholding. The court
26 shall hold the hearing pursuant to the provisions of
27 subsection (F).
28 (D) Initiated Withholding.
29 (1) Notwithstanding any other provision of this Section,
30 if the court has not required that income withholding take
31 effect immediately, the obligee or public office may initiate
32 withholding, regardless of whether a delinquency has accrued,
33 by preparing and serving an income withholding notice on the
34 payor that contains the information required under paragraph
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1 (3) of subsection (B) and states that the parties' written
2 agreement providing an alternative arrangement to immediate
3 withholding under paragraph (1) of subsection (B) no longer
4 ensures payment of support and the reason or reasons why it
5 does not.
6 (2) The income withholding notice and the obligor's copy
7 of the income withholding notice shall be served as provided
8 in paragraph (7) of subsection (B).
9 (3) The obligor may contest withholding commenced under
10 this subsection by filing a petition to contest withholding
11 with the Clerk of the Circuit Court within 20 days after
12 service of a copy of the income withholding notice on the
13 obligor. However, the grounds for the petition shall be
14 limited to a dispute concerning:
15 (a) whether the parties' written agreement providing
16 an alternative arrangement to immediate withholding under
17 paragraph (1) of subsection (B) continues to ensure
18 payment of support; or
19 (b) the identity of the obligor.
20 It shall not be grounds for filing a petition that the
21 obligor has made all payments due by the date of the
22 petition.
23 (4) If the obligor files a petition contesting
24 withholding within the 20-day period required under paragraph
25 (3), 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. The court shall
28 hold the hearing pursuant to the provisions of subsection
29 (F).
30 (B) Entry of an Order for Withholding.
31 (1) Upon entry of any order for support on or after
32 January 1, 1984, the court shall enter a separate order for
33 withholding which shall not take effect unless the obligor
34 becomes delinquent in paying the order for support or the
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1 obligor requests an earlier effective date; except that the
2 court may require the order for withholding to take effect
3 immediately.
4 On or after January 1, 1989, the court shall require the
5 order for withholding to take effect immediately, unless a
6 written agreement is reached between and signed by both
7 parties providing for an alternative arrangement, approved
8 and entered into the record by the court, which insures
9 payment of support. In that case, the court shall enter the
10 order for withholding which will not take effect unless the
11 obligor becomes delinquent in paying the order for support.
12 Upon entry of any order of support on or after September
13 11, 1989, if the obligor is not a United States citizen, the
14 obligor shall provide to the court the obligor's alien
15 registration number, passport number, and home country's
16 social security or national health number, if applicable; the
17 court shall make the information part of the record in the
18 case.
19 (2) An order for withholding shall be entered upon
20 petition by the obligee or public office where an order for
21 withholding has not been previously entered.
22 (3) The order for withholding shall:
23 (a) Direct any payor to withhold a dollar amount
24 equal to the order for support; and
25 (b) Direct any payor to withhold an additional
26 dollar amount, not less than 20% of the order for
27 support, until payment in full of any delinquency stated
28 in the notice of delinquency provided for in subsection
29 (C) or (F) of this Section; and
30 (c) 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 (d) State the rights, remedies and duties of the
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1 obligor under this Section; and
2 (e) Include the obligor's Social Security Number,
3 which the obligor shall disclose to the court; and
4 (f) Include the date that withholding for current
5 support terminates, which shall be the date of
6 termination of the current support obligation set forth
7 in the order for support.
8 (4) At the time the order for withholding is entered,
9 the Clerk of the Circuit Court shall provide a copy of the
10 order for withholding and the order for support to the
11 obligor and shall make copies available to the obligee and
12 public office. Any copy of the order for withholding
13 furnished to the parties under this subsection shall be
14 stamped "Not Valid".
15 (5) The order for withholding shall remain in effect for
16 as long as the order for support upon which it is based.
17 (6) The failure of an order for withholding to state an
18 arrearage is not conclusive of the issue of whether an
19 arrearage is owing.
20 (7) Notwithstanding the provisions of this subsection,
21 if the court finds at the time of any hearing that an
22 arrearage has accrued in an amount equal to at least one
23 month's support obligation or that the obligor is 30 days
24 late in paying all or part of the order for support, the
25 court shall order immediate service of the order for
26 withholding upon the payor.
27 (8) Where the court has not required that the order for
28 withholding take effect immediately, the obligee or public
29 office may prepare and serve a notice for immediate
30 withholding upon the obligor by ordinary mail addressed to
31 the obligor at his or her last known address. The notice
32 shall state that the following circumstances have occurred:
33 (a) The parties' written agreement providing an
34 alternative arrangement to immediate withholding under
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1 paragraph (1) of this subsection no longer provides for
2 timely payment of all support due; or
3 (b) The obligor has not made timely payments in
4 that the obligor has been at least 7 days late in paying
5 all or part of the order for support any of the last 6
6 consecutive dates payments were due prior to the date of
7 the notice for immediate withholding.
8 The notice for immediate withholding shall clearly state
9 that a specially certified copy of the order for withholding
10 will be sent to the payor, unless the obligor files a
11 petition contesting immediate withholding within 20 days
12 after service of the notice; however, the grounds for the
13 petition shall be limited to a dispute concerning whether the
14 circumstances stated in the notice have occurred or the
15 identity of the obligor. It shall not be grounds for the
16 petition that the obligor has made all payments due by the
17 date of the petition.
18 If the obligor files a petition contesting immediate
19 withholding within the 20-day period required under this
20 paragraph, the Clerk of the Circuit Court shall notify the
21 obligor and the obligee or public office, as appropriate, of
22 the time and place of the hearing on the petition. Upon
23 hearing the petition, the court shall enter an order granting
24 or denying relief. It shall not be grounds for granting the
25 obligor's petition that he or she has made all payments due
26 by the date of hearing. If the court denies the obligor's
27 petition, it shall order immediate service of the order for
28 withholding, and direct the clerk to provide a specially
29 certified copy of the order for withholding to the obligee or
30 public office indicating that the requirements for immediate
31 withholding under this paragraph have been met.
32 If the obligor does not file a petition contesting
33 immediate withholding within the 20-day period, the obligee
34 or public office shall file with the Clerk of the Circuit
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1 Court an affidavit, with a copy of the notice for immediate
2 withholding attached thereto, stating that the notice was
3 duly served and the date on which service was effected, and
4 that the obligor has not filed a petition contesting
5 immediate withholding. The clerk shall then provide to the
6 obligee or public office a specially certified copy of the
7 order for withholding indicating that the requirements for
8 immediate withholding under this paragraph have been met.
9 Upon receipt of a specially certified copy of the order
10 for withholding, the obligee or public office may serve the
11 order on the payor, its superintendent, manager or other
12 agent, by certified mail or personal delivery. A proof of
13 service shall be filed with the Clerk of the Circuit Court.
14 (C) Notice of Delinquency.
15 (1) Whenever an obligor becomes delinquent in payment of
16 an amount equal to at least one month's support obligation
17 pursuant to the order for support or is at least 30 days late
18 in complying with all or part of the order for support,
19 whichever occurs first, the obligee or public office may
20 prepare and serve a verified notice of delinquency, together
21 with a form petition to stay service, pursuant to paragraph
22 (3) of this subsection.
23 (2) The notice of delinquency shall recite the terms of
24 the order for support and contain a computation of the period
25 and total amount of the delinquency, as of the date of the
26 notice. The notice shall clearly state that it will be sent
27 to the payor, together with a specially certified copy of the
28 order for withholding, except as provided in subsection (F),
29 unless the obligor files a petition to stay service in
30 accordance with paragraph (1) of subsection (D).
31 (3) The notice of delinquency shall be served by
32 ordinary mail addressed to the obligor at his or her last
33 known address.
34 (4) The obligor may execute a written waiver of the
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1 provisions of paragraphs (1) through (3) of this subsection
2 and request immediate service upon the payor.
3 (D) Procedures to Avoid Income Withholding.
4 (1) Except as provided in subsection (F), the obligor
5 may prevent an order for withholding from being served by
6 filing a petition to stay service with the Clerk of the
7 Circuit Court, within 20 days after service of the notice of
8 delinquency; however, the grounds for the petition to stay
9 service shall be limited to:
10 (a) A dispute concerning the amount of current
11 support or the existence or amount of the delinquency;
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, as appropriate, of the time
15 and place of the hearing on the petition to stay service. The
16 court shall hold such hearing pursuant to the provisions of
17 subsection (H).
18 (2) Except as provided in subsection (F), filing of a
19 petition to stay service, within the 20-day period required
20 under this subsection, shall prohibit the obligee or public
21 office from serving the order for withholding on any payor of
22 the obligor.
23 (E) Initial Service of Order for Withholding.
24 (1) Except as provided in subsection (F), in order to
25 serve an order for withholding upon a payor, an obligee or
26 public office shall follow the procedures set forth in this
27 subsection. After 20 days following service of the notice of
28 delinquency, the obligee or public office shall file with the
29 Clerk of the Circuit Court an affidavit, with the copy of the
30 notice of delinquency attached thereto, stating:
31 (a) that the notice of delinquency has been duly
32 served and the date on which service was effected; and
33 (b) that the obligor has not filed a petition to
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1 stay service, or in the alternative
2 (c) that the obligor has waived the provisions of
3 subparagraphs (a) and (b) of this paragraph (1) in
4 accordance with subsection (C)(4).
5 (2) Upon request of the obligee or public office, the
6 Clerk of the Circuit Court shall: (a) make available any
7 record of payment; and (b) determine that the file contains a
8 copy of the affidavit described in paragraph (1). The Clerk
9 shall then provide to the obligee or public office a
10 specially certified copy of the order for withholding and the
11 notice of delinquency indicating that the preconditions for
12 service have been met.
13 (3) The obligee or public office may then serve the
14 notice of delinquency and order for withholding on the payor,
15 its superintendent, manager or other agent, by certified mail
16 or personal delivery. A proof of service shall be filed with
17 the Clerk of the Circuit Court.
18 (F) Subsequent Service of Order for Withholding.
19 (1) Notwithstanding the provisions of this Section, at
20 any time after the court has ordered immediate service of an
21 order for withholding or after initial service of an order
22 for withholding pursuant to subsection (E), the obligee or
23 public office may serve the order for withholding upon any
24 payor of the obligor without further notice to the obligor.
25 The obligee or public office shall provide notice to the
26 payor, pursuant to paragraph (6) of subsection (I), of any
27 payments that have been made through previous withholding or
28 any other method.
29 (2) The Clerk of the Circuit Court shall, upon request,
30 provide the obligee or public office with specially certified
31 copies of the order for withholding or the notice of
32 delinquency or both whenever the Court has ordered immediate
33 service of an order for withholding or an affidavit has been
34 placed in the court file indicating that the preconditions
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1 for service have been previously met. The obligee or public
2 office may then serve the order for withholding on the payor,
3 its superintendent, manager or other agent by certified mail
4 or personal delivery. A proof of service shall be filed with
5 the Clerk of the Circuit Court.
6 (3) If a delinquency has accrued for any reason, the
7 obligee or public office may serve a notice of delinquency
8 upon the obligor pursuant to subsection (C). The obligor may
9 prevent the notice of delinquency from being served upon the
10 payor by utilizing the procedures set forth in subsection
11 (D).
12 If no petition to stay service has been filed within the
13 required 20 day time period, the obligee or public office may
14 serve the notice of delinquency on the payor by utilizing the
15 procedures for service set forth in subsection (E).
16 (E) (G) Duties of Payor.
17 (1) It shall be the duty of any payor who has been
18 served with an income withholding a copy of the specially
19 certified order for withholding and any notice of delinquency
20 to deduct and pay over income as provided in this subsection.
21 The payor shall deduct the amount designated in the income
22 order for withholding notice, as supplemented by the notice
23 of delinquency and any notice provided pursuant to paragraph
24 (6) of subsection (G) (I), beginning no later than the next
25 payment of income which is payable or creditable to the
26 obligor that occurs 14 days following the date the income
27 withholding order and any notice was were mailed, sent by
28 facsimile or other electronic means, by certified mail or
29 placed for personal delivery to or service on the payor. The
30 payor may combine all amounts withheld for the benefit of an
31 obligee or public office into a single payment and transmit
32 the payment with a listing of obligors from whom withholding
33 has been effected. The payor shall pay the amount withheld to
34 the obligee or public office within 7 business days after the
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1 date the amount would (but for the duty to withhold income)
2 have been paid or credited to the obligor 10 calendar days of
3 the date income is paid to the obligor in accordance with the
4 order for withholding and any subsequent notification
5 received from the public office redirecting payments. If the
6 payor knowingly fails to pay any amount withheld to the
7 obligee or public office within 7 business days after the
8 date the amount would have been 10 calendar days of the date
9 income is paid or credited to the obligor, the payor shall
10 pay a penalty of $100 for each day that the withheld amount
11 is not paid to the obligee or public office after the period
12 of 7 business 10 calendar days has expired. The failure of a
13 payor, on more than one occasion, to pay amounts withheld to
14 the obligee or public office within 7 business days after the
15 date the amount would have been 10 calendar days of the date
16 income is paid or credited to the obligor creates a
17 presumption that the payor knowingly failed to pay over the
18 amounts. This penalty may be collected in a civil action
19 which may be brought against the payor in favor of the
20 obligee or public office. For purposes of this Section, a
21 withheld amount shall be considered paid by a payor on the
22 date it is mailed by the payor, or on the date an electronic
23 funds transfer of the amount has been initiated by the payor,
24 or on the date delivery of the amount has been initiated by
25 the payor. For each deduction, the payor shall provide the
26 obligee or public office, at the time of transmittal, with
27 the date the amount would (but for the duty to withhold
28 income) have been paid or credited to the obligor income was
29 paid from which support was withheld.
30 Upon receipt of an income withholding notice order
31 requiring that a minor child be named as a beneficiary of a
32 health insurance plan available through an employer or labor
33 union or trade union, the employer or labor union or trade
34 union shall immediately enroll the minor child as a
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1 beneficiary in the health insurance plan designated by the
2 income withholding notice court order. The employer shall
3 withhold any required premiums and pay over any amounts so
4 withheld and any additional amounts the employer pays to the
5 insurance carrier in a timely manner. The employer or labor
6 union or trade union shall mail to the obligee, within 15
7 days of enrollment or upon request, notice of the date of
8 coverage, information on the dependent coverage plan, and all
9 forms necessary to obtain reimbursement for covered health
10 expenses, such as would be made available to a new employee.
11 When an order for dependent coverage is in effect and the
12 insurance coverage is terminated or changed for any reason,
13 the employer or labor union or trade union shall notify the
14 obligee within 10 days of the termination or change date
15 along with notice of conversion privileges.
16 For withholding of income, the payor shall be entitled to
17 receive a fee not to exceed $5 per month or the actual check
18 processing cost to be taken from the income to be paid to the
19 obligor.
20 (2) Whenever the obligor is no longer receiving income
21 from the payor, the payor shall return a copy of the income
22 order for withholding notice to the obligee or public office
23 and shall provide information for the purpose of enforcing
24 this Section.
25 (3) Withholding of income under this Section shall be
26 made without regard to any prior or subsequent garnishments,
27 attachments, wage assignments, or any other claims of
28 creditors. Withholding of income under this Section shall
29 not be in excess of the maximum amounts permitted under the
30 federal Consumer Credit Protection Act. If the payor has been
31 served with more than one income order for withholding notice
32 pertaining to the same obligor, the payor shall allocate
33 income available for withholding on a proportionate share
34 basis, giving priority to current support payments. If there
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1 is any income available for withholding after withholding for
2 all current support obligations, the payor shall allocate the
3 income to past due support payments ordered in cases in which
4 cash assistance under the Illinois Public Aid Code is not
5 being provided to the obligee non-AFDC matters and then to
6 past due support payments ordered in cases in which cash
7 assistance under the Illinois Public Aid Code is being
8 provided to the obligee AFDC matters, both on a proportionate
9 share basis. A payor who complies with an income withholding
10 notice that is regular on its face shall not be subject to
11 civil liability with respect to any individual, any agency,
12 or any creditor of the obligor for conduct in compliance with
13 the notice. Payment as required by the order for withholding
14 shall be a complete defense by the payor against any claims
15 of the obligor or his creditors as to the sum so paid.
16 (4) No payor shall discharge, discipline, refuse to hire
17 or otherwise penalize any obligor because of the duty to
18 withhold income.
19 (F) (H) Petitions to Contest Withholding Stay Service or to
20 Modify, Suspend, or Terminate, or Correct Income Orders for
21 Withholding Notices.
22 (1) When an obligor files a petition to contest
23 withholding stay service, the court, after due notice to all
24 parties, shall hear the matter as soon as practicable and
25 shall enter an order granting or denying relief, ordering
26 service of an amended income withholding notice amending the
27 notice of delinquency, amending the order for withholding,
28 where applicable, or otherwise resolving the matter.
29 The court shall deny the obligor's petition if the court
30 finds that when the income withholding notice was mailed,
31 sent by facsimile transmission or other electronic means, or
32 placed for personal delivery to or service on the payor:
33 (a) A delinquency existed; or
34 (b) The parties' written agreement providing an
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1 alternative arrangement to immediate withholding under
2 paragraph (1) of subsection (B) no longer ensured payment
3 of support. If the court finds that a delinquency existed
4 when the notice of delinquency was served upon the
5 obligor, in an amount of at least one month's support
6 obligation, or that the obligor was at least 30 days late
7 in paying all or part of the order for support, the court
8 shall order immediate service of the order for
9 withholding. Where the court cannot promptly resolve any
10 dispute over the amount of the delinquency, the court may
11 order immediate service of the order for withholding as
12 to any undisputed amounts specified in an amended notice
13 of delinquency, and may continue the hearing on the
14 disputed amounts.
15 (2) At any time, an obligor, obligee, public office or
16 Clerk of the Circuit Court may petition the court to:
17 (a) Modify, suspend or terminate the income order
18 for withholding notice because of a modification,
19 suspension or termination of the underlying order for
20 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 income order for withholding notice
25 because of inability to deliver income withheld to the
26 obligee due to the obligee's failure to provide a mailing
27 address or other means of delivery.
28 (3) At any time an obligor may petition the court to
29 correct a term contained in an income withholding notice to
30 conform to that stated in the underlying order for support
31 for:
32 (a) The amount of current support;
33 (b) The amount of the arrearage;
34 (c) The periodic amount for payment of the
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1 arrearage; or
2 (d) The periodic amount for payment of the
3 delinquency.
4 (4) (3) The obligor, obligee or public office shall
5 serve on the payor, in the manner provided for service of
6 income withholding notices in paragraph (7) of subsection (B)
7 by certified mail or personal delivery, a copy of any order
8 entered pursuant to this subsection that affects the duties
9 of the payor.
10 (5) (4) At any time, a public office or Clerk of the
11 Circuit Court may serve a notice on the payor to:
12 (a) Cease withholding of income for payment of
13 current support for a child when the support obligation
14 for that child has automatically ceased under the order
15 for support through emancipation or otherwise; or
16 (b) Cease withholding of income for payment of
17 delinquency or arrearage when the delinquency or
18 arrearage has been paid in full.
19 (6) (5) The notice provided for under paragraph (5) (4)
20 of this subsection shall be served on the payor in the manner
21 provided for service of income withholding notices in
22 paragraph (7) of subsection (B) by ordinary mail, and a copy
23 shall be provided to the obligor and the obligee. A copy of
24 the notice shall be filed with the Clerk of the Circuit
25 Court.
26 (7) (6) The income order for withholding notice shall
27 continue to be binding upon the payor until service of an
28 amended income withholding notice or any order of the court
29 or notice entered or provided for under this subsection.
30 (G) (I) Additional Duties.
31 (1) An obligee who is receiving income withholding
32 payments under this Section shall notify the payor, if the
33 obligee receives the payments directly from the payor, or the
34 public office or the Clerk of the Circuit Court, as
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1 appropriate, of any change of address within 7 days of such
2 change.
3 (2) An obligee who is a recipient of public aid shall
4 send a copy of any income withholding notice served by the
5 obligee of delinquency filed pursuant to subsection (C) to
6 the Division Bureau of Child Support Enforcement of the
7 Illinois Department of Public Aid.
8 (3) Each obligor shall notify the oblige, the public
9 office, and the Clerk of the Circuit Court of any change of
10 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, the public office, and the
14 Clerk of the Circuit 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 income orders for withholding notices shall maintain
28 complete, accurate, and clear records of all payments and
29 their disbursements. Certified copies of payment records
30 maintained by a public office or Clerk of the Circuit Court
31 shall, without further proof, be admitted into evidence in
32 any legal proceedings 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 the amount would (but for the
9 duty to withhold income) have been paid or credited to the
10 obligor income was paid from which such support was
11 withheld.
12 (H) (J) Penalties.
13 (1) Where a payor wilfully fails to withhold or pay over
14 income pursuant to a properly served income withholding
15 notice, specially certified order for withholding and any
16 notice of delinquency, or wilfully discharges, disciplines,
17 refuses to hire or otherwise penalizes an obligor as
18 prohibited by subsection (E) (G), or otherwise fails to
19 comply with any duties imposed by this Section, the obligee,
20 public office or obligor, as appropriate, may file a
21 complaint with the court against the payor. The clerk of the
22 circuit court shall notify the obligee or public office, as
23 appropriate, and the obligor and payor of the time and place
24 of the hearing on the complaint. The court shall resolve any
25 factual dispute including, but not limited to, a denial that
26 the payor is paying or has paid income to the obligor. Upon
27 a finding in favor of the complaining party, the court:
28 (a) Shall enter judgment and direct the enforcement
29 thereof for the total amount that the payor wilfully
30 failed to withhold or pay over; and
31 (b) May order employment or reinstatement of or
32 restitution to the obligor, or both, where the obligor
33 has been discharged, disciplined, denied employment or
34 otherwise penalized by the payor and may impose a fine
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1 upon the payor not to exceed $200.
2 (2) Any obligee, public office or obligor who wilfully
3 initiates a false proceeding under this Section or who
4 wilfully fails to comply with the requirements of this
5 Section shall be punished as in cases of contempt of court.
6 (I) Alternative Procedures for Service of an Income
7 Withholding Notice.
8 (1) The procedures of this subsection may be used in any
9 matter to serve an income withholding notice on a payor if:
10 (a) For any reason the most recent order for
11 support entered does not contain the income withholding
12 provisions required under subsection (B), irrespective of
13 whether a separate order for withholding was entered
14 prior to July 1, 1997; and
15 (b) The obligor has accrued a delinquency after
16 entry of the most recent order for support.
17 (2) The obligee or public office shall prepare and serve
18 the income withholding notice in accordance with the
19 provisions of subsection (C), except that the notice shall
20 contain a periodic amount for payment of the delinquency
21 equal to 20% of the total of the current support amount and
22 the amount to be paid periodically for payment of any
23 arrearage stated in the most recent order for support.
24 (3) If the obligor requests in writing that income
25 withholding become effective prior to the obligor accruing a
26 delinquency under the most recent order for support, the
27 obligee or public office may prepare and serve an income
28 withholding notice on the payor as provided in subsection
29 (B). In addition to filing proofs of service of the income
30 withholding notice on the payor and the obligor, the obligee
31 or public office shall file a copy of the obligor's written
32 request for income withholding with the Clerk of the Circuit
33 Court.
34 (4) All other provisions of this Section shall be
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1 applicable with respect to the provisions of this subsection
2 (I).
3 (K) Alternative Procedures for Entry and Service of an Order
4 for Withholding.
5 (1) Effective January 1, 1987, in any matter in which an
6 order for withholding has not been entered for any reason,
7 based upon the last order for support that has been entered,
8 and in which the obligor has become delinquent in payment of
9 an amount equal to at least one month's support obligation
10 pursuant to the last order for support or is at least 30 days
11 late in complying with all or part of the order for support,
12 the obligee or public office may prepare and serve an order
13 for withholding pursuant to the procedures set forth in this
14 subsection.
15 (2) The obligee or public office shall:
16 (a) Prepare a proposed order for withholding for
17 immediate service as provided by paragraphs (1) and (3)
18 of subsection (B), except that the minimum 20%
19 delinquency payment shall be used;
20 (b) Prepare a notice of delinquency as provided by
21 paragraphs (1) and (2) of subsection (C), except the
22 notice shall state further that the order for withholding
23 has not been entered by the court and the conditions
24 under which the order will be entered; and
25 (c) Serve the notice of delinquency and form
26 petition to stay service as provided by paragraph (3) of
27 subsection (C), together with the proposed order for
28 withholding, which shall be marked "COPY ONLY".
29 (3) After 20 days following service of the notice of
30 delinquency and proposed order for withholding, in lieu of
31 the provisions of subsection (E), the obligee or public
32 office shall file with the Clerk of the Circuit Court an
33 affidavit, with a copy of the notice of delinquency and
34 proposed order for withholding attached thereto, stating
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1 that:
2 (a) The notice of delinquency and proposed order
3 for withholding have been served upon the obligor and the
4 date on which service was effected;
5 (b) The obligor has not filed a petition to stay
6 service within 20 days of service of such notice and
7 order; and
8 (c) The proposed order for withholding accurately
9 states the terms and amounts contained in the last order
10 for support.
11 (4) Upon the court's satisfaction that the procedures
12 set forth in this subsection have been met, it shall enter
13 the order for withholding.
14 (5) The Clerk shall then provide to the obligee or
15 public office a specially certified copy of the order for
16 withholding and the notice of delinquency indicating that the
17 preconditions for service have been met.
18 (6) The obligee or public office shall serve the
19 specially certified copies of the order for withholding and
20 the notice of delinquency on the payor, its superintendent,
21 manager or other agent by certified mail or personal
22 delivery. A proof of service shall be filed with the Clerk
23 of the Circuit Court.
24 (7) If the obligor requests in writing that income
25 withholding become effective prior to becoming delinquent in
26 payment of an amount equal to one month's support obligation
27 pursuant to the last order for support, or prior to becoming
28 30 days late in paying all or part of the order for support,
29 the obligee or public office shall file an affidavit with the
30 Clerk of the circuit Court, with a proposed order for
31 withholding attached, stating that the proposed order
32 accurately states the terms and amounts contained in the last
33 order for support and the obligor's request for immediate
34 service. The provisions of paragraphs (4) through (6) of this
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1 subsection shall apply, except that a notice of delinquency
2 shall not be required.
3 (8) All other provisions of this Section shall be
4 applicable with respect to the provisions of this subsection
5 (K), except that under paragraph (1) of subsection (H), the
6 court may also amend the proposed order for withholding to
7 conform to the last order for support.
8 (9) Nothing in this subsection shall be construed as
9 limiting the requirements of paragraph (1) of subsection (B)
10 with respect to the entry of a separate order for withholding
11 upon entry of any order for support.
12 (J) (L) Remedies in Addition to Other Laws.
13 (1) The rights, remedies, duties and penalties created
14 by this Section are in addition to and not in substitution
15 for any other rights, remedies, duties and penalties created
16 by any other law.
17 (2) Nothing in this Section shall be construed as
18 invalidating any assignment of wages or benefits executed
19 prior to January 1, 1984 or any order for withholding served
20 prior to July 1, 1997.
21 (Source: P.A. 88-26; 88-45; 88-94; 88-131; 88-307; 88-670,
22 eff. 12-2-94; 89-507, eff. 7-1-97.)
23 (750 ILCS 15/12) (from Ch. 40, par. 1115)
24 Sec. 12. (a) Whenever it is determined in a proceeding
25 to establish or enforce a child support or maintenance
26 obligation that the person owing a duty of support is
27 unemployed, the court may order the person to seek employment
28 and report periodically to the court with a diary, listing or
29 other memorandum of his or her efforts in accordance with
30 such order. Additionally, the court may order the unemployed
31 person to report to the Department of Employment Security for
32 job search services or to make application with the local
33 Jobs Training Partnership Act provider for participation in
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1 job search, training or work programs and where the duty of
2 support is owed to a child receiving support services under
3 Article X of The Illinois Public Aid Code, as amended, the
4 court may order the unemployed person to report to the
5 Illinois Department of Public Aid for participation in job
6 search, training or work programs established under Section
7 9-6 and Article IXA of that Code.
8 (b) Whenever it is determined that a person owes
9 past-due support for a child and the parent with whom the
10 child is living, and the child is receiving assistance under
11 the Illinois Public Aid Code, the court shall order the
12 following at the request of the Illinois Department of Public
13 Aid:
14 (1) that the person pay the past-due support in
15 accordance with a plan approved by the court; or
16 (2) if the person owing past-due support is
17 unemployed, is subject to such a plan, and is not
18 incapacitated, that the person participate in such job
19 search, training, or work programs established under
20 Section 9-6 and Article IXA of the Illinois Public Aid
21 Code as the court deems appropriate.
22 (Source: P.A. 85-1155.)
23 Section 110. The Revised Uniform Reciprocal Enforcement
24 of Support Act is amended by changing Sections 24, 24.1, and
25 26.1 and adding Section 29C as follows:
26 (750 ILCS 20/24) (from Ch. 40, par. 1224)
27 Sec. 24. Order of Support. If the responding court finds
28 a duty of support it may order the obligor to furnish support
29 or reimbursement therefor and subject the property of the
30 obligor to the order.
31 Any new or existing support order entered by a court or
32 administrative body of this or any other State shall be
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1 deemed to be a series of judgments against the person
2 obligated to pay support thereunder, each such judgment to be
3 in the amount of each payment or installment of support and
4 each such judgment to be deemed entered as of the date the
5 corresponding payment or installment becomes due under the
6 terms of the support order. Each such judgment shall:
7 (1) have the full force, effect, and attributes of
8 any other judgment of such State, including the ability
9 to be enforced;
10 (2) be entitled as a judgment to full faith and
11 credit in this and any other State; and
12 (3) not be subject to retroactive modification by
13 this or any other State; except that modification is
14 permitted with respect to any period during which there
15 is pending a petition for modification, but only from the
16 date that notice of such petition has been given in
17 accordance with law.
18 Where the terms of a support order entered by a court or
19 administrative body of this or any other State are subject to
20 modification, or where action is not based upon such order,
21 the Illinois court shall determine the amount of maintenance
22 or child support by using the guidelines and standards set
23 forth in Section 504, or in subsection (a) of Section 505 and
24 in Section 505.2 of the Illinois Marriage and Dissolution of
25 Marriage Act, respectively.
26 When no prior support order exists, but the court finds a
27 duty of support and enters an order for current support, the
28 court may enter an order for payment of support for a period
29 before the date the order for current support is entered.
30 Support for the prior period shall be determined by using the
31 guidelines and standards set forth in Section 504, or in
32 subsection (a) of Section 505, and in Section 505.2 of the
33 Illinois Marriage and Dissolution of Marriage Act. For
34 purposes of determining the amount of support to be paid for
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1 the prior period, there is a rebuttable presumption that the
2 obligor's net income for that period was the same as his or
3 her net income at the time the order for current support is
4 entered.
5 Support orders made pursuant to this Act shall require
6 that payments be made to the clerk of the court of the
7 responding state. The court and prosecuting attorney of any
8 county in which the obligor is present or has property have
9 the same powers and duties to enforce the order as have those
10 of the county in which it was first issued. If enforcement is
11 impossible or cannot be completed in the county in which the
12 order was issued, the prosecuting attorney shall send a
13 certified copy of the order to the prosecuting attorney of
14 any county in which it appears that proceedings to enforce
15 the order would be effective. The prosecuting attorney to
16 whom the certified copy of the order is forwarded shall
17 proceed with enforcement and report the results of the
18 proceedings to the court first issuing the order.
19 A one-time charge of 20% is imposable upon the amount of
20 past-due child support owed on July 1, 1988 which has accrued
21 under a support order entered by the court. The charge shall
22 be imposed in accordance with the provisions of Section 10-21
23 of the Illinois Public Aid Code and shall be enforced by the
24 court upon petition.
25 A court or administrative body of this State may modify a
26 support order of another state only if that other state no
27 longer has continuing, exclusive jurisdiction of the
28 proceeding in which the support order was entered. The order
29 must be registered under Section 609 of the Uniform
30 Interstate Family Support Act and may be modified only if
31 permitted under Section 611 of the Uniform Interstate Family
32 Support Act.
33 All orders An order for support, when entered or
34 modified, in a case in which a party is receiving child and
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1 spouse support services under Article X of the Illinois
2 Public Aid Code shall include a provision requiring the
3 non-custodial parent to notify the court and, in cases in
4 which a party is receiving child and spouse support services
5 under Article X of the Illinois Public Aid Code, the Illinois
6 Department of Public Aid, within 7 days, (i) of the name and
7 address of any new employer of the non-custodial parent, (ii)
8 whether the non-custodial parent has access to health
9 insurance coverage through the employer or other group
10 coverage, and, if so, the policy name and number and the
11 names of persons covered under the policy, and (iii) of any
12 new residential or mailing address or telephone number of the
13 non-custodial parent. In any subsequent action to enforce a
14 support order, upon a sufficient showing that a diligent
15 effort has been made to ascertain the location of the
16 non-custodial parent, service of process or provision of
17 notice necessary in the case may be made at the last known
18 address of the non-custodial parent in any manner expressly
19 provided by the Code of Civil Procedure or this Act, which
20 service shall be sufficient for purposes of due process.
21 An order for support shall include a date on which the
22 current support obligation terminates. The termination date
23 shall be no earlier than the date on which the child covered
24 by the order will attain the age of majority or is otherwise
25 emancipated. The order for support shall state that the
26 termination date does not apply to any arrearage that may
27 remain unpaid on that date. Nothing in this paragraph shall
28 be construed to prevent the court from modifying the order.
29 (Source: P.A. 88-307; 88-550 (eff. date changed from 1-1-95
30 to 1-1-96 on 1-24-95 by P.A. 88-691); 88-687, eff. 1-24-95.)
31 (750 ILCS 20/24.1) (from Ch. 40, par. 1224.1)
32 Sec. 24.1. (a) Whenever it is determined in a
33 proceeding to establish or enforce a child support or
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1 maintenance obligation that the person owing a duty of
2 support is unemployed, the court may order the person to seek
3 employment and report periodically to the court with a diary,
4 listing or other memorandum of his or her efforts in
5 accordance with such order. Additionally, the court may order
6 the unemployed person to report to the Department of
7 Employment Security for job search services or to make
8 application with the local Jobs Training Partnership Act
9 provider for participation in job search, training or work
10 programs and where the duty of support is owed to a child
11 receiving support services under Article X of The Illinois
12 Public Aid Code, as amended, the court may order the
13 unemployed person to report to the Illinois Department of
14 Public Aid for participation in job search, training or work
15 programs established under Section 9-6 and Article IXA of
16 that Code.
17 (b) Whenever it is determined that a person owes
18 past-due support for a child, or for a child and the parent
19 with whom the child is living, and the child is receiving
20 assistance under the Illinois Public Aid Code or other
21 State's laws, the court shall order the following at the
22 request of the Illinois Department of Public Aid:
23 (1) that the person pay the past-due support in
24 accordance with a plan approved by the court; or
25 (2) if the person owing past-due support is
26 unemployed, is subject to such a plan, and is not
27 incapacitated, that the person participate in such job
28 search, training, or work programs established under
29 Section 9-6 and Article IXA of the Illinois Public Aid
30 Code as the court deems appropriate.
31 (Source: P.A. 85-1155.)
32 (750 ILCS 20/26.1) (from Ch. 40, par. 1226.1)
33 (Text of Section before amendment by P.A. 89-507)
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1 Sec. 26.1. Withholding of Income to Secure Payment of
2 Support.
3 (A) Definitions.
4 (1) "Order for support" means any order of the court
5 which provides for periodic payment of funds for the support
6 of a child or maintenance of a spouse, whether temporary or
7 final, and includes any such order which provides for:
8 (a) modification or resumption of, or payment of
9 arrearage accrued under, a previously existing order;
10 (b) reimbursement of support; or
11 (c) enrollment in a health insurance plan that is
12 available to the obligor through an employer or labor
13 union or trade union.
14 (2) "Arrearage" means the total amount of unpaid support
15 obligations.
16 (3) "Delinquency" means any payment under an order for
17 support which becomes due and remains unpaid after an order
18 for withholding has been entered under subsection (B) or, for
19 purposes of subsection (K), after the last order for support
20 was entered for which no order for withholding was entered.
21 (4) "Income" means any form of periodic payment to an
22 individual, regardless of source, including, but not limited
23 to: wages, salary, commission, compensation as an independent
24 contractor, workers' compensation, disability, annuity and
25 retirement benefits, lottery prize awards, insurance
26 proceeds, vacation pay, bonuses, profit-sharing payments and
27 any other payments, made by any person, private entity,
28 federal or state government, any unit of local government,
29 school district or any entity created by Public Act; however,
30 "income" excludes:
31 (a) any amounts required by law to be withheld,
32 other than creditor claims, including, but not limited
33 to, federal, State and local taxes, Social Security and
34 other retirement and disability contributions;
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1 (b) union dues;
2 (c) any amounts exempted by the federal Consumer
3 Credit Protection Act;
4 (d) public assistance payments; and
5 (e) unemployment insurance benefits except as
6 provided by law.
7 Any other State or local laws which limit or exempt
8 income or the amount or percentage of income that can be
9 withheld shall not apply.
10 (5) "Obligor" means the individual who owes a duty to
11 make payments under an order for support.
12 (6) "Obligee" means the individual to whom a duty of
13 support is owed or the individual's legal representative.
14 (7) "Payor" means any payor of income to an obligor.
15 (8) "Public office" means any elected official or any
16 State or local agency which is or may become responsible by
17 law for enforcement of, or which is or may become authorized
18 to enforce, an order for support, including, but not limited
19 to: the Attorney General, the Illinois Department of Public
20 Aid, the Illinois Department of Mental Health and
21 Developmental Disabilities, the Illinois Department of
22 Children and Family Services, and the various State's
23 Attorneys, Clerks of the Circuit Court and supervisors of
24 general assistance.
25 (9) "Premium" means the dollar amount for which the
26 obligor is liable to his employer or labor union or trade
27 union and which must be paid to enroll or maintain a child in
28 a health insurance plan that is available to the obligor
29 through an employer or labor union or trade union.
30 (B) Entry of an Order for Withholding.
31 (1) Upon entry of any order for support on or after
32 January 1, 1984, the court shall enter a separate order for
33 withholding which shall not take effect unless the obligor
34 becomes delinquent in paying the order for support or the
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1 obligor requests an earlier effective date; except that the
2 court may require the order for withholding to take effect
3 immediately.
4 On or after January 1, 1989, the court shall require the
5 order for withholding to take effect immediately, unless a
6 written agreement is reached between and signed by both
7 parties providing for an alternative arrangement, approved
8 and entered into the record by the court, which insures
9 payment of support. In that case, the court shall enter the
10 order for withholding which will not take effect unless the
11 obligor becomes delinquent in paying the order for support.
12 Upon entry of any order of support on or after September
13 11, 1989, if the obligor is not a United States citizen, the
14 obligor shall provide to the court the obligor's alien
15 registration number, passport number, and home country's
16 social security or national health number, if applicable; the
17 court shall make the information part of the record in the
18 case.
19 (2) An order for withholding shall be entered upon
20 petition by the obligee or public office where an order for
21 withholding has not been previously entered.
22 (3) The order for withholding shall:
23 (a) direct any payor to withhold a dollar amount
24 equal to the order for support; and
25 (b) direct any payor to withhold an additional
26 dollar amount, not less than 20% of the order for
27 support, until payment in full of any delinquency stated
28 in the notice of delinquency provided for in subsection
29 (C) or (F) of this Section; and
30 (c) 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 (d) state the rights, remedies and duties of the
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1 obligor under this Section; and
2 (e) include the obligor's Social Security Number,
3 which the obligor shall disclose to the court; and
4 (f) include the date that withholding for current
5 support terminates, which shall be the date of
6 termination of the current support obligation set forth
7 in the order for support.
8 (4) At the time the order for withholding is entered,
9 the Clerk of the Circuit Court shall provide a copy of the
10 order for withholding and the order for support to the
11 obligor and shall make copies available to the obligee and
12 public office. Any copy of the order for withholding
13 furnished to the parties under this subsection shall be
14 stamped "Not Valid".
15 (5) The order for withholding shall remain in effect for
16 as long as the order for support upon which it is based.
17 (6) The failure of an order for withholding to state an
18 arrearage is not conclusive of the issue of whether an
19 arrearage is owing.
20 (7) Notwithstanding the provisions of this subsection,
21 if the court finds at the time of any hearing that an
22 arrearage has accrued in an amount equal to at least one
23 month's support obligation or that the obligor is 30 days
24 late in paying all or part of the order for support, the
25 court shall order immediate service of the order for
26 withholding upon the payor.
27 (8) Where the court has not required that the order for
28 withholding take effect immediately, the obligee or public
29 office may prepare and serve a notice for immediate
30 withholding upon the obligor by ordinary mail addressed to
31 the obligor at his or her last known address. The notice
32 shall state that the following circumstances have occurred:
33 (a) The parties' written agreement providing an
34 alternative arrangement to immediate withholding under
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1 paragraph (1) of this subsection no longer provides for
2 timely payment of all support due; or
3 (b) The obligor has not made timely payments in
4 that the obligor has been at least 7 days late in paying
5 all or part of the order for support any of the last 6
6 consecutive dates payments were due prior to the date of
7 the notice for immediate withholding.
8 The notice for immediate withholding shall clearly state
9 that a specially certified copy of the order for withholding
10 will be sent to the payor, unless the obligor files a
11 petition contesting immediate withholding within 20 days
12 after service of the notice; however, the grounds for the
13 petition shall be limited to a dispute concerning whether the
14 circumstances stated in the notice have occurred or the
15 identity of the obligor. It shall not be grounds for the
16 petition that the obligor has made all payments due by the
17 date of the petition.
18 If the obligor files a petition contesting immediate
19 withholding within the 20-day period required under this
20 paragraph, the Clerk of the Circuit Court shall notify the
21 obligor and the obligee or public office, as appropriate, of
22 the time and place of the hearing on the petition. Upon
23 hearing the petition, the court shall enter an order granting
24 or denying relief. It shall not be grounds for granting the
25 obligor's petition that he or she has made all payments due
26 by the date of hearing. If the court denies the obligor's
27 petition, it shall order immediate service of the order for
28 withholding and direct the clerk to provide a specially
29 certified copy of the order for withholding to the obligee or
30 public office indicating that the requirements for immediate
31 withholding under this paragraph have been met.
32 If the obligor does not file a petition contesting
33 immediate withholding within the 20-day period, the obligee
34 or public office shall file with the Clerk of the Circuit
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1 Court an affidavit, with a copy of the notice for immediate
2 withholding attached thereto, stating that the notice was
3 duly served and the date on which service was effected, and
4 that the obligor has not filed a petition contesting
5 immediate withholding. The clerk shall then provide to the
6 obligee or public office a specially certified copy of the
7 order for withholding indicating that the requirements for
8 immediate withholding under this paragraph have been met.
9 Upon receipt of a specially certified copy of the order
10 for withholding, the obligee or public office may serve the
11 order on the payor, its superintendent, manager or other
12 agent, by certified mail or personal delivery. A proof of
13 service shall be filed with the Clerk of the Circuit Court.
14 (C) Notice of Delinquency.
15 (1) Whenever an obligor becomes delinquent in payment of
16 an amount equal to at least one month's support obligation
17 pursuant to the order for support or is at least 30 days late
18 in complying with all or part of the order for support,
19 whichever occurs first, the obligee or public office may
20 prepare and serve a verified notice of delinquency, together
21 with a form petition to stay service, pursuant to paragraph
22 (3) of this subsection.
23 (2) The notice of delinquency shall recite the terms of
24 the order for support and contain a computation of the period
25 and total amount of the delinquency, as of the date of the
26 notice. The notice shall clearly state that it will be sent
27 to the payor, together with a specially certified copy of the
28 order for withholding, except as provided in subsection (F),
29 unless the obligor files a petition to stay service in
30 accordance with paragraph (1) of subsection (D).
31 (3) The notice of delinquency shall be served by
32 ordinary mail addressed to the obligor at his or her last
33 known address.
34 (4) The obligor may execute a written waiver of the
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1 provisions of paragraphs (1) through (3) of this subsection
2 and request immediate service upon the payor.
3 (D) Procedures to Avoid Income Withholding.
4 (1) Except as provided in subsection (F), the obligor
5 may prevent an order for withholding from being served by
6 filing a petition to stay service with the Clerk of the
7 Circuit Court, within 20 days after service of the notice of
8 delinquency; however, the grounds for the petition to stay
9 service shall be limited to a dispute concerning: (a) the
10 amount of current support or the existence or amount of the
11 delinquency; or (b) the identity of the obligor.
12 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 to stay service. The
15 court shall hold such hearing pursuant to the provisions of
16 subsection (H).
17 (2) Except as provided in subsection (F), filing of a
18 petition to stay service, within the 20-day period required
19 under this subsection, shall prohibit the obligee or public
20 office from serving the order for withholding on any payor of
21 the obligor.
22 (E) Initial Service of Order for Withholding.
23 (1) Except as provided in subsection (F), in order to
24 serve an order for withholding upon a payor, an obligee or
25 public office shall follow the procedures set forth in this
26 subsection. After 20 days following service of the notice of
27 delinquency, the obligee or public office shall file with the
28 Clerk of the Circuit Court an affidavit, with the copy of the
29 notice of delinquency attached thereto, stating:
30 (a) that the notice of delinquency has been duly
31 served and the date on which service was effected; and
32 (b) that the obligor has not filed a petition to
33 stay service, or in the alternative
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1 (c) that the obligor has waived the provisions of
2 subparagraphs (a) and (b) of this paragraph (1) in
3 accordance with subsection (C)(4).
4 (2) Upon request of the obligee or public office, the
5 Clerk of the Circuit shall: (a) make available any record of
6 payment; and (b) determine that the file contains a copy of
7 the affidavit described in paragraph (1). The Clerk shall
8 then provide to the obligee or public office a specially
9 certified copy of the order for withholding and the notice of
10 delinquency indicating that the preconditions for service
11 have been met.
12 (3) The obligee or public office may then serve the
13 notice of delinquency and order for withholding on the payor,
14 its superintendent, manager or other agent, by certified mail
15 or personal delivery. A proof of service shall be filed with
16 the Clerk of the Circuit Court.
17 (F) Subsequent Service of Order for Withholding.
18 (1) Notwithstanding the provisions of this Section, at
19 any time after the court has ordered immediate service of an
20 order for withholding or after initial service of an order
21 for withholding pursuant to subsection (E), the obligee or
22 public office may serve the order for withholding upon any
23 payor of the obligor without further notice to the obligor.
24 The obligee or public office shall provide notice to the
25 payor, pursuant to paragraph (6) of subsection (I), of any
26 payments that have been made through previous withholding or
27 any other method.
28 (2) The Clerk of the Circuit Court shall, upon request,
29 provide the obligee or public office with specially certified
30 copies of the order for withholding or the notice of
31 delinquency or both whenever the Court has ordered immediate
32 service of an order for withholding or an affidavit has been
33 placed in the court file indicating that the preconditions
34 for service have been previously met. The obligee or public
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1 office may then serve the order for withholding on the payor,
2 its superintendent, manager or other agent by certified mail
3 or personal delivery. A proof of service shall be filed with
4 the Clerk of the Circuit Court.
5 (3) If a delinquency has accrued for any reason, the
6 obligee or public office may serve a notice of delinquency
7 upon the obligor pursuant to subsection (C). The obligor may
8 prevent the notice of delinquency from being served upon the
9 payor by utilizing the procedures set forth in subsection
10 (D). If no petition to stay service has been filed within the
11 required 20 day time period, the obligee or public office may
12 serve the notice of delinquency on the payor by utilizing the
13 procedures for service set forth in subsection (E).
14 (G) Duties of Payor.
15 (1) It shall be the duty of any payor who has been
16 served with a copy of the specially certified order for
17 withholding and any notice of delinquency to deduct and pay
18 over income as provided in this subsection. The payor shall
19 deduct the amount designated in the order for withholding, as
20 supplemented by the notice of delinquency and any notice
21 provided pursuant to paragraph (6) of subsection (I),
22 beginning no later than the next payment of income which is
23 payable to the obligor that occurs 14 days following the date
24 the order and any notice were mailed by certified mail or
25 placed for personal delivery. The payor may combine all
26 amounts withheld for the benefit of an obligee or public
27 office into a single payment and transmit the payment with a
28 listing of obligors from whom withholding has been effected.
29 The payor shall pay the amount withheld to the obligee or
30 public office within 10 calendar days of the date income is
31 paid to the obligor in accordance with the order for
32 withholding and any subsequent notification received from the
33 public office redirecting payments. If the payor knowingly
34 fails to pay any amount withheld to the obligee or public
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1 office within 10 calendar days of the date income is paid to
2 the obligor, the payor shall pay a penalty of $100 for each
3 day that the withheld amount is not paid to the obligee or
4 public office after the period of 10 calendar days has
5 expired. The failure of a payor, on more than one occasion,
6 to pay amounts withheld to the obligee or public office
7 within 10 calendar days of the date income is paid to the
8 obligor creates a presumption that the payor knowingly failed
9 to pay the amounts. This penalty may be collected in a civil
10 action which may be brought against the payor in favor of the
11 obligee. For purposes of this Section, a withheld amount
12 shall be considered paid by a payor on the date it is mailed
13 by the payor, or on the date an electronic funds transfer of
14 the amount has been initiated by the payor, or on the date
15 delivery of the amount has been initiated by the payor. For
16 each deduction, the payor shall provide the obligee or public
17 office, at the time of transmittal, with the date income was
18 paid from which support was withheld.
19 Upon receipt of an order requiring that a minor child be
20 named as a beneficiary of a health insurance plan available
21 through an employer or labor union or trade union, the
22 employer or labor union or trade union shall immediately
23 enroll the minor child as a beneficiary in the the health
24 insurance plan designated by the court order. The employer
25 shall withhold any required premiums and pay over any amounts
26 so withheld and any additional amounts the employer pays to
27 the insurance carrier in a timely manner. The employer or
28 labor union or trade union shall mail to the obligee, within
29 15 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 order
9 for withholding to the obligee or public office and shall
10 provide information for the purpose of enforcing this
11 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 order for withholding pertaining to
19 the same obligor, the payor shall allocate income available
20 for withholding on a proportionate share basis, giving
21 priority to current support payments. If there is any income
22 available for withholding after withholding for all current
23 support obligations, the payor shall allocate the income to
24 past due support payments ordered in non-AFDC matters and
25 then to past due support payments ordered in AFDC matters,
26 both on a proportionate share basis. Payment as required by
27 the order for withholding shall be a complete defense by the
28 payor against any claims of the obligor or his creditors as
29 to the sum so paid.
30 (4) No payor shall discharge, discipline, refuse to hire
31 or otherwise penalize any obligor because of the duty to
32 withhold income.
33 (H) Petitions to Stay Service or to Modify, Suspend or
34 Terminate Orders for Withholding.
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1 (1) When an obligor files a petition to stay service,
2 the court, after due notice to all parties, shall hear the
3 matter as soon as practicable and shall enter an order
4 granting or denying relief, amending the notice of
5 delinquency, amending the order for withholding where
6 applicable, or otherwise resolving the matter. If the court
7 finds that a delinquency existed when the notice of
8 delinquency was served upon the obligor, in an amount of at
9 least one month's support obligation, or that the obligor was
10 at least 30 days late in paying all or part of the order for
11 support, the court shall order immediate service of the order
12 for withholding. Where the court cannot promptly resolve any
13 dispute over the amount of the delinquency, the court may
14 order immediate service of the order for withholding as to
15 any undisputed amounts specified in an amended notice of
16 delinquency, and may continue the hearing on the disputed
17 amounts.
18 (2) At any time, an obligor, obligee, public office or
19 Clerk of the Circuit Court may petition the court to:
20 (a) modify, suspend or terminate the order for
21 withholding because of a modification, suspension or
22 termination of the underlying order for support; or
23 (b) modify the amount of income to be withheld to
24 reflect payment in full or in part of the delinquency or
25 arrearage by income withholding or otherwise; or
26 (c) suspend the order for withholding because of
27 inability to deliver income withheld to the obligee due
28 to the obligee's failure to provide a mailing address or
29 other means of delivery.
30 (3) The obligor, obligee or public office shall serve on
31 the payor, by certified mail or personal delivery, a copy of
32 any order entered pursuant to this subsection that affects
33 the duties of the payor.
34 (4) At any time, a public office or Clerk of the Circuit
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1 Court may serve a notice on the payor to:
2 (a) cease withholding of income for payment of
3 current support for a child when the support obligation
4 for that child has automatically ceased under the order
5 for support through emancipation or otherwise; or
6 (b) cease withholding of income for payment of
7 delinquency or arrearage when the delinquency or
8 arrearage has been paid in full.
9 (5) The notice provided for under paragraph (4) of this
10 subsection shall be served on the payor by ordinary mail, and
11 a copy shall be provided to the obligor and the obligee. A
12 copy of the notice shall be filed with the Clerk of the
13 Circuit Court.
14 (6) The order for withholding shall continue to be
15 binding upon the payor until service of any order of the
16 court or notice entered or provided for under this
17 subsection.
18 (I) Additional Duties.
19 (1) An obligee who is receiving income withholding
20 payments under this Section shall notify the payor, if the
21 obligee receives the payments directly from the payor, or the
22 public office or the Clerk of the Circuit Court, as
23 appropriate, of any change of address within 7 days of such
24 change.
25 (2) An obligee who is a recipient of public aid shall
26 send a copy of any notice of delinquency filed pursuant to
27 subsection (C) to the Bureau of Child Support of the Illinois
28 Department of Public Aid.
29 (3) Each obligor shall notify the obligee and the Clerk
30 of the Circuit Court of any change of 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 and the Clerk of the Circuit
34 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 orders for withholding shall maintain complete, accurate, and
14 clear records of all payments and their disbursements.
15 Certified copies of payment records maintained by a public
16 office or Clerk of the Circuit Court shall, without further
17 proof, be admitted into evidence in any legal proceedings
18 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 income was paid from which such
29 support was withheld.
30 (J) Penalties.
31 (1) Where a payor wilfully fails to withhold or pay over
32 income pursuant to a properly served, specially certified
33 order for withholding and any notice of delinquency, or
34 wilfully discharges, disciplines, refuses to hire or
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1 otherwise penalizes an obligor as prohibited by subsection
2 (G), or otherwise fails to comply with any duties imposed by
3 this Section, the obligee, public office or obligor, as
4 appropriate, may file a complaint with the court against the
5 payor. The clerk of the circuit court shall notify the
6 obligee or public office, as appropriate, and the obligor and
7 payor of the time and place of the hearing on the complaint.
8 The court shall resolve any factual dispute including, but
9 not limited to, a denial that the payor is paying or has paid
10 income to the obligor. Upon a finding in favor of the
11 complaining party, the court:
12 (a) shall enter judgment and direct the enforcement
13 thereof for the total amount that the payor wilfully
14 failed to withhold or pay over; and
15 (b) may order employment or reinstatement of or
16 restitution to the obligor, or both, where the obligor
17 has been discharged, disciplined, denied employment or
18 otherwise penalized by the payor and may impose a fine
19 upon the payor not to exceed $200.
20 (2) Any obligee, public office or obligor who wilfully
21 initiates a false proceeding under this Section or who
22 wilfully fails to comply with the requirements of this
23 Section shall be punished as in cases of contempt of court.
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 (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.
7 (Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
8 88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
9 (Text of Section after amendment by P.A. 89-507)
10 Sec. 26.1. Withholding of Income to Secure Payment of
11 Support.
12 (A) Definitions.
13 (1) "Order for support" means any order of the court
14 which provides for periodic payment of funds for the support
15 of a child or maintenance of a spouse, whether temporary or
16 final, and includes any such order which provides for:
17 (a) modification or resumption of, or payment of
18 arrearage accrued under, a previously existing order;
19 (b) reimbursement of support; or
20 (c) enrollment in a health insurance plan that is
21 available to the obligor through an employer or labor
22 union or trade union.
23 (2) "Arrearage" means the total amount of unpaid support
24 obligations as determined by the court and incorporated into
25 an order for support.
26 (3) "Delinquency" means any payment under an order for
27 support which becomes due and remains unpaid after entry of
28 the an order for support withholding has been entered under
29 subsection (B) or, for purposes of subsection (K), after the
30 last order for support was entered for which no order for
31 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,
3 pension, and retirement benefits, lottery prize awards,
4 insurance proceeds, vacation pay, bonuses, profit-sharing
5 payments, interest, and any other payments, made by any
6 person, private entity, federal or state government, any unit
7 of local government, school district or any entity created by
8 Public Act; however, "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 Human Services, the Illinois
33 Department of Children and Family Services, and the various
34 State's Attorneys, Clerks of the Circuit Court and
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1 supervisors of general assistance.
2 (9) "Premium" means the dollar amount for which the
3 obligor is liable to his employer or labor union or trade
4 union and which must be paid to enroll or maintain a child in
5 a health insurance plan that is available to the obligor
6 through an employer or labor union or trade union.
7 (B) Entry of Order for Support Containing Income Withholding
8 Provisions; Income Withholding Notice.
9 (1) In addition to any content required under other
10 laws, every order for support entered on or after July 1,
11 1997, shall:
12 (a) Require an income withholding notice to be
13 prepared and served immediately upon any payor of the
14 obligor by the obligee or public office, unless a written
15 agreement is reached between and signed by both parties
16 providing for an alternative arrangement, approved and
17 entered into the record by the court, which ensures
18 payment of support. In that case, the order for support
19 shall provide that an income withholding notice is to be
20 prepared and served only if the obligor becomes
21 delinquent in paying the order for support; and
22 (b) Contain a dollar amount to be paid until
23 payment in full of any delinquency that accrues after
24 entry of the order for support. The amount for payment
25 of delinquency shall not be less than 20% of the total of
26 the current support amount and the amount to be paid
27 periodically for payment of any arrearage stated in the
28 order for support; and
29 (c) Include the obligor's Social Security Number,
30 which the obligor shall disclose to the court. If the
31 obligor is not a United States citizen, the obligor shall
32 disclose to the court, and the court shall include in the
33 order for support, the obligor's alien registration
34 number, passport number, and home country's social
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1 security or national health number, if applicable.
2 (2) At the time the order for support is entered, the
3 Clerk of the Circuit Court shall provide a copy of the order
4 to the obligor and shall make copies available to the obligee
5 and public office.
6 (3) The income withholding notice shall:
7 (a) Be in the standard format prescribed by the
8 federal Department of Health and Human Services; and
9 (b) Direct any payor to withhold the dollar amount
10 required for current support under the order for support;
11 and
12 (c) Direct any payor to withhold the dollar amount
13 required to be paid periodically under the order for
14 support for payment of the amount of any arrearage stated
15 in the order for support; and
16 (d) Direct any payor or labor union or trade union
17 to enroll a child as a beneficiary of a health insurance
18 plan and withhold or cause to be withheld, if applicable,
19 any required premiums; and
20 (e) State the amount of the payor income
21 withholding fee specified under this Section; and
22 (f) State that the amount actually withheld from
23 the obligor's income for support and other purposes,
24 including the payor withholding fee specified under this
25 Section, may not be in excess of the maximum amount
26 permitted under the federal Consumer Credit Protection
27 Act; and
28 (g) State the duties of the payor and the fines and
29 penalties for failure to withhold and pay over income and
30 for discharging, disciplining, refusing to hire, or
31 otherwise penalizing the obligor because of the duty to
32 withhold and pay over income under this Section; and
33 (h) State the rights, remedies, and duties of the
34 obligor under this Section; and
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1 (i) Include the obligor's Social Security Number;
2 and
3 (j) Include the date that withholding for current
4 support terminates, which shall be the date of
5 termination of the current support obligation set forth
6 in the order for support.
7 (4) The accrual of a delinquency as a condition for
8 service of an income withholding notice, under the exception
9 to immediate withholding in paragraph (1) of this subsection,
10 shall apply only to the initial service of an income
11 withholding notice on a payor of the obligor.
12 (5) Notwithstanding the exception to immediate
13 withholding contained in paragraph (1) of this subsection, if
14 the court finds at the time of any hearing that an arrearage
15 has accrued, the court shall order immediate service of an
16 income withholding notice upon the payor.
17 (6) If the order for support, under the exception to
18 immediate withholding contained in paragraph (1) of this
19 subsection, provides that an income withholding notice is to
20 be prepared and served only if the obligor becomes delinquent
21 in paying the order for support, the obligor may execute a
22 written waiver of that condition and request immediate
23 service on the payor.
24 (7) The obligee or public office may serve the income
25 withholding notice on the payor or its superintendent,
26 manager, or other agent by ordinary mail or certified mail
27 return receipt requested, by facsimile transmission or other
28 electronic means, by personal delivery, or by any method
29 provided by law for service of a summons. At the time of
30 service on the payor and as notice that withholding has
31 commenced, the obligee or public office shall serve a copy of
32 the income withholding notice on the obligor by ordinary mail
33 addressed to his or her last known address. Proofs of
34 service on the payor and the obligor shall be filed with the
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1 Clerk of the Circuit Court.
2 (8) At any time after the initial service of an income
3 withholding notice under this Section, any other payor of the
4 obligor may be served with the same income withholding notice
5 without further notice to the obligor.
6 (C) Income Withholding After Accrual of Delinquency.
7 (1) Whenever an obligor accrues a delinquency, the
8 obligee or public office may prepare and serve upon the
9 obligor's payor an income withholding notice that:
10 (a) Contains the information required under
11 paragraph (3) of subsection (B); and
12 (b) Contains a computation of the period and total
13 amount of the delinquency as of the date of the notice;
14 and
15 (c) Directs the payor to withhold the dollar amount
16 required to be withheld periodically under the order for
17 support for payment of the delinquency.
18 (2) The income withholding notice and the obligor's copy
19 of the income withholding notice shall be served as provided
20 in paragraph (7) of subsection (B).
21 (3) The obligor may contest withholding commenced under
22 this subsection by filing a petition to contest withholding
23 with the Clerk of the Circuit Court within 20 days after
24 service of a copy of the income withholding notice on the
25 obligor. However, the grounds for the petition to contest
26 withholding shall be limited to:
27 (a) A dispute concerning the existence or amount of
28 the delinquency; or
29 (b) The identity of the obligor.
30 The Clerk of the Circuit Court shall notify the obligor
31 and the obligee or public office of the time and place of the
32 hearing on the petition to contest withholding. The court
33 shall hold the hearing pursuant to the provisions of
34 subsection (F).
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1 (D) Initiated Withholding.
2 (1) Notwithstanding any other provision of this Section,
3 if the court has not required that income withholding take
4 effect immediately, the obligee or public office may initiate
5 withholding, regardless of whether a delinquency has accrued,
6 by preparing and serving an income withholding notice on the
7 payor that contains the information required under paragraph
8 (3) of subsection (B) and states that the parties' written
9 agreement providing an alternative arrangement to immediate
10 withholding under paragraph (1) of subsection (B) no longer
11 ensures payment of support and the reason or reasons why it
12 does not.
13 (2) The income withholding notice and the obligor's copy
14 of the income withholding notice shall be served as provided
15 in paragraph (7) of subsection (B).
16 (3) The obligor may contest withholding commenced under
17 this subsection by filing a petition to contest withholding
18 with the Clerk of the Circuit Court within 20 days after
19 service of a copy of the income withholding notice on the
20 obligor. However, the grounds for the petition shall be
21 limited to a dispute concerning:
22 (a) whether the parties' written agreement providing
23 an alternative arrangement to immediate withholding under
24 paragraph (1) of subsection (B) continues to ensure
25 payment of support; or
26 (b) the identity of the obligor.
27 It shall not be grounds for filing a petition that the
28 obligor has made all payments due by the date of the
29 petition.
30 (4) If the obligor files a petition contesting
31 withholding within the 20-day period required under paragraph
32 (3), the Clerk of the Circuit Court shall notify the obligor
33 and the obligee or public office, as appropriate, of the time
34 and place of the hearing on the petition. The court shall
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1 hold the hearing pursuant to the provisions of subsection
2 (F).
3 (B) Entry of an Order for Withholding.
4 (1) Upon entry of any order for support on or after
5 January 1, 1984, the court shall enter a separate order for
6 withholding which shall not take effect unless the obligor
7 becomes delinquent in paying the order for support or the
8 obligor requests an earlier effective date; except that the
9 court may require the order for withholding to take effect
10 immediately.
11 On or after January 1, 1989, the court shall require the
12 order for withholding to take effect immediately, unless a
13 written agreement is reached between and signed by both
14 parties providing for an alternative arrangement, approved
15 and entered into the record by the court, which insures
16 payment of support. In that case, the court shall enter the
17 order for withholding which will not take effect unless the
18 obligor becomes delinquent in paying the order for support.
19 Upon entry of any order of support on or after September
20 11, 1989, if the obligor is not a United States citizen, the
21 obligor shall provide to the court the obligor's alien
22 registration number, passport number, and home country's
23 social security or national health number, if applicable; the
24 court shall make the information part of the record in the
25 case.
26 (2) An order for withholding shall be entered upon
27 petition by the obligee or public office where an order for
28 withholding has not been previously entered.
29 (3) The order for withholding shall:
30 (a) direct any payor to withhold a dollar amount
31 equal to the order for support; and
32 (b) direct any payor to withhold an additional
33 dollar amount, not less than 20% of the order for
34 support, until payment in full of any delinquency stated
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1 in the notice of delinquency provided for in subsection
2 (C) or (F) of this Section; and
3 (c) direct any payor or labor union or trade union
4 to enroll a child as a beneficiary of a health insurance
5 plan and withhold or cause to be withheld, if applicable,
6 any required premiums; and
7 (d) state the rights, remedies and duties of the
8 obligor under this Section; and
9 (e) include the obligor's Social Security Number,
10 which the obligor shall disclose to the court; and
11 (f) include the date that withholding for current
12 support terminates, which shall be the date of
13 termination of the current support obligation set forth
14 in the order for support.
15 (4) At the time the order for withholding is entered,
16 the Clerk of the Circuit Court shall provide a copy of the
17 order for withholding and the order for support to the
18 obligor and shall make copies available to the obligee and
19 public office. Any copy of the order for withholding
20 furnished to the parties under this subsection shall be
21 stamped "Not Valid".
22 (5) The order for withholding shall remain in effect for
23 as long as the order for support upon which it is based.
24 (6) The failure of an order for withholding to state an
25 arrearage is not conclusive of the issue of whether an
26 arrearage is owing.
27 (7) Notwithstanding the provisions of this subsection,
28 if the court finds at the time of any hearing that an
29 arrearage has accrued in an amount equal to at least one
30 month's support obligation or that the obligor is 30 days
31 late in paying all or part of the order for support, the
32 court shall order immediate service of the order for
33 withholding upon the payor.
34 (8) Where the court has not required that the order for
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1 withholding take effect immediately, the obligee or public
2 office may prepare and serve a notice for immediate
3 withholding upon the obligor by ordinary mail addressed to
4 the obligor at his or her last known address. The notice
5 shall state that the following circumstances have occurred:
6 (a) The parties' written agreement providing an
7 alternative arrangement to immediate withholding under
8 paragraph (1) of this subsection no longer provides for
9 timely payment of all support due; or
10 (b) The obligor has not made timely payments in
11 that the obligor has been at least 7 days late in paying
12 all or part of the order for support any of the last 6
13 consecutive dates payments were due prior to the date of
14 the notice for immediate withholding.
15 The notice for immediate withholding shall clearly state
16 that a specially certified copy of the order for withholding
17 will be sent to the payor, unless the obligor files a
18 petition contesting immediate withholding within 20 days
19 after service of the notice; however, the grounds for the
20 petition shall be limited to a dispute concerning whether the
21 circumstances stated in the notice have occurred or the
22 identity of the obligor. It shall not be grounds for the
23 petition that the obligor has made all payments due by the
24 date of the petition.
25 If the obligor files a petition contesting immediate
26 withholding within the 20-day period required under this
27 paragraph, the Clerk of the Circuit Court shall notify the
28 obligor and the obligee or public office, as appropriate, of
29 the time and place of the hearing on the petition. Upon
30 hearing the petition, the court shall enter an order granting
31 or denying relief. It shall not be grounds for granting the
32 obligor's petition that he or she has made all payments due
33 by the date of hearing. If the court denies the obligor's
34 petition, it shall order immediate service of the order for
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1 withholding and direct the clerk to provide a specially
2 certified copy of the order for withholding to the obligee or
3 public office indicating that the requirements for immediate
4 withholding under this paragraph have been met.
5 If the obligor does not file a petition contesting
6 immediate withholding within the 20-day period, the obligee
7 or public office shall file with the Clerk of the Circuit
8 Court an affidavit, with a copy of the notice for immediate
9 withholding attached thereto, stating that the notice was
10 duly served and the date on which service was effected, and
11 that the obligor has not filed a petition contesting
12 immediate withholding. The clerk shall then provide to the
13 obligee or public office a specially certified copy of the
14 order for withholding indicating that the requirements for
15 immediate withholding under this paragraph have been met.
16 Upon receipt of a specially certified copy of the order
17 for withholding, the obligee or public office may serve the
18 order on the payor, its superintendent, manager or other
19 agent, by certified mail or personal delivery. A proof of
20 service shall be filed with the Clerk of the Circuit Court.
21 (C) Notice of Delinquency.
22 (1) Whenever an obligor becomes delinquent in payment of
23 an amount equal to at least one month's support obligation
24 pursuant to the order for support or is at least 30 days late
25 in complying with all or part of the order for support,
26 whichever occurs first, the obligee or public office may
27 prepare and serve a verified notice of delinquency, together
28 with a form petition to stay service, pursuant to paragraph
29 (3) of this subsection.
30 (2) The notice of delinquency shall recite the terms of
31 the order for support and contain a computation of the period
32 and total amount of the delinquency, as of the date of the
33 notice. The notice shall clearly state that it will be sent
34 to the payor, together with a specially certified copy of the
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1 order for withholding, except as provided in subsection (F),
2 unless the obligor files a petition to stay service in
3 accordance with paragraph (1) of subsection (D).
4 (3) The notice of delinquency shall be served by
5 ordinary mail addressed to the obligor at his or her last
6 known address.
7 (4) The obligor may execute a written waiver of the
8 provisions of paragraphs (1) through (3) of this subsection
9 and request immediate service upon the payor.
10 (D) Procedures to Avoid Income Withholding.
11 (1) Except as provided in subsection (F), the obligor
12 may prevent an order for withholding from being served by
13 filing a petition to stay service with the Clerk of the
14 Circuit Court, within 20 days after service of the notice of
15 delinquency; however, the grounds for the petition to stay
16 service shall be limited to a dispute concerning: (a) the
17 amount of current support or the existence or amount of the
18 delinquency; or (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 shall: (a) make available any record of
13 payment; and (b) determine that the file contains a copy of
14 the affidavit described in paragraph (1). The Clerk shall
15 then provide to the obligee or public office a specially
16 certified copy of the order for withholding and the notice of
17 delinquency indicating that the preconditions for service
18 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.
-302- LRB9002989SMdvam04
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 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 the health insurance plan designated by
7 the 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
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 income withholding notice served by the
9 obligee of delinquency filed pursuant to subsection (C) to
10 the Division Bureau of Child Support Enforcement of the
11 Illinois 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
15 withheld.
16 (H) (J) Penalties.
17 (1) Where a payor wilfully fails to withhold or pay over
18 income pursuant to a properly served income withholding
19 notice, specially certified order for withholding and any
20 notice of delinquency, or wilfully discharges, disciplines,
21 refuses to hire or otherwise penalizes an obligor as
22 prohibited by subsection (E) (G), or otherwise fails to
23 comply with any duties imposed by this Section, the obligee,
24 public office or obligor, as appropriate, may file a
25 complaint with the court against the payor. The clerk of the
26 circuit court shall notify the obligee or public office, as
27 appropriate, and the obligor and payor of the time and place
28 of the hearing on the complaint. The court shall resolve any
29 factual dispute including, but not limited to, a denial that
30 the payor is paying or has paid income to the obligor. Upon
31 a finding in favor of the complaining party, the court:
32 (a) shall enter judgment and direct the enforcement
33 thereof for the total amount that the payor wilfully
34 failed to withhold or pay over; and
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1 (b) may order employment or reinstatement of or
2 restitution to the obligor, or both, where the obligor
3 has been discharged, disciplined, denied employment or
4 otherwise penalized by the payor and may impose a fine
5 upon the payor not to exceed $200.
6 (2) Any obligee, public office or obligor who wilfully
7 initiates a false proceeding under this Section or who
8 wilfully fails to comply with the requirements of this
9 Section shall be punished as in cases of contempt of court.
10 (I) Alternative Procedures for Service of an Income
11 Withholding Notice.
12 (1) The procedures of this subsection may be used in any
13 matter to serve an income withholding notice on a payor if:
14 (a) For any reason the most recent order for
15 support entered does not contain the income withholding
16 provisions required under subsection (B), irrespective of
17 whether a separate order for withholding was entered
18 prior to July 1, 1997; and
19 (b) The obligor has accrued a delinquency after
20 entry of the most recent order for support.
21 (2) The obligee or public office shall prepare and serve
22 the income withholding notice in accordance with the
23 provisions of subsection (C), except that the notice shall
24 contain a periodic amount for payment of the delinquency
25 equal to 20% of the total of the current support amount and
26 the amount to be paid periodically for payment of any
27 arrearage stated in the most recent order for support.
28 (3) If the obligor requests in writing that income
29 withholding become effective prior to the obligor accruing a
30 delinquency under the most recent order for support, the
31 obligee or public office may prepare and serve an income
32 withholding notice on the payor as provided in subsection
33 (B). In addition to filing proofs of service of the income
34 withholding notice on the payor and the obligor, the obligee
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1 or public office shall file a copy of the obligor's written
2 request for income withholding with the Clerk of the Circuit
3 Court.
4 (4) All other provisions of this Section shall be
5 applicable with respect to the provisions of this subsection
6 (I).
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 (J) (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 or any order for withholding served
24 prior to July 1, 1997.
25 (Source: P.A. 88-26; 88-45; 88-94; 88-131; 88-307; 88-670,
26 eff. 12-2-94; 89-507, eff. 7-1-97.)
27 (750 ILCS 20/29C new)
28 Sec. 29C. Notice from Department of Public Aid. In
29 cases in which a party is receiving child and spouse support
30 services under Article X of the Illinois Public Aid Code and
31 the order for support provides that child support payments be
32 made to the obligee, the Illinois Department of Public Aid
33 may provide notice to the obligor and the obligor's payor,
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1 when income withholding is in effect under Section 26.1 of
2 this Act, to make all payments after receipt of the
3 Department's notice to the clerk of the court until further
4 notice by the Department or order of the court. Copies of
5 the notice shall be provided to the obligee and the clerk.
6 The clerk's copy shall contain a proof of service on the
7 obligor and the obligor's payor, where applicable. The clerk
8 shall file the clerk's copy of the notice in the court file.
9 The notice to the obligor and the payor, if applicable, may
10 be sent by ordinary mail, certified mail, return receipt
11 requested, facsimile transmission, or other electronic
12 process, or may be served upon the obligor or payor using any
13 method provided by law for service of a summons. An obligor
14 who fails to comply with a notice provided under this Section
15 is guilty of a Class B misdemeanor. A payor who fails to
16 comply with a notice provided under this Section is guilty of
17 a business offense and subject to a fine of up to $1,000.
18 Section 120. The Illinois Parentage Act of 1984 is
19 amended by changing Sections 5, 6, 7, 8, 13, 14, 15.1, 20,
20 and 21 and by adding Sections 13.1 and 27 as follows:
21 (750 ILCS 45/5) (from Ch. 40, par. 2505)
22 Sec. 5. Presumption of Paternity.
23 (a) A man is presumed to be the natural father of a
24 child if:
25 (1) he and the child's natural mother are or have
26 been married to each other, even though the marriage is
27 or could be declared invalid, and the child is born or
28 conceived during such marriage;
29 (2) after the child's birth, he and the child's
30 natural mother have married each other, even though the
31 marriage is or could be declared invalid, and he is
32 named, with his written consent, as the child's father on
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1 the child's birth certificate;
2 (3) he and the child's natural mother have signed
3 an acknowledgment of paternity in accordance with rules
4 adopted by the Illinois Department of Public Aid under
5 Section 10-17.7 of the Illinois Public Aid Code; or
6 (4) he and the child's natural mother have signed
7 an acknowledgment of parentage or, if the natural father
8 is someone other than one presumed to be the father under
9 this Section, an acknowledgment of parentage and denial
10 of paternity in accordance with Section 12 of the Vital
11 Records Act.
12 (b) A presumption under subdivision (a)(1) or (a)(2) of
13 this Section may be rebutted only by clear and convincing
14 evidence. A presumption under subdivision (a)(3) or (a)(4)
15 is conclusive, unless the acknowledgment of parentage is
16 rescinded under the process provided in Section 12 of the
17 Vital Records Act, upon the earlier of:
18 (1) 60 days after the date the acknowledgment of
19 parentage is signed, or
20 (2) the date of an administrative or judicial
21 proceeding relating to the child (including a proceeding
22 to establish a support order) in which the signatory is a
23 party;
24 except that if a minor has signed the acknowledgment of
25 paternity or acknowledgment of parentage and denial of
26 paternity, the presumption becomes conclusive 6 months after
27 the minor reaches majority or is otherwise emancipated.
28 (Source: P.A. 88-687, eff. 1-24-95; 89-641, eff. 8-9-96.)
29 (750 ILCS 45/6) (from Ch. 40, par. 2506)
30 Sec. 6. Establishment of Parent and Child Relationship
31 by Consent of the Parties.
32 (a) A parent and child relationship may be established
33 voluntarily by the signing and witnessing of a voluntary
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1 acknowledgment of parentage in accordance with Section 12 of
2 the Vital Records Act or Section 10-17.7 of the Illinois
3 Public Aid Code. The voluntary acknowledgment of parentage
4 shall contain the social security numbers of the persons
5 signing the voluntary acknowledgment of parentage; however,
6 failure to include the social security numbers of the persons
7 signing a voluntary acknowledgment of parentage does not
8 invalidate the voluntary acknowledgment of parentage.
9 (b) Notwithstanding any other provisions of this Act,
10 paternity established in accordance with subsection (a) has
11 the full force and effect of a judgment entered under this
12 Act and serves as a basis for seeking a child support order
13 without any further proceedings to establish paternity.
14 (c) A judicial or administrative proceeding to ratify
15 paternity established in accordance with subsection (a) is
16 neither required nor permitted.
17 (d) A signed acknowledgment of paternity entered under
18 this Act may be challenged in court only on the basis of
19 fraud, duress, or material mistake of fact, with the burden
20 of proof upon the challenging party. Pending outcome of the
21 challenge to the acknowledgment of paternity, the legal
22 responsibilities of the signatories shall remain in full
23 force and effect, except upon order of the court upon a
24 showing of good cause.
25 (e) Once a parent and child relationship is established
26 in accordance with subsection (a), an order for support may
27 be established pursuant to a petition to establish an order
28 for support by consent filed with the clerk of the circuit
29 court. A copy of the properly completed acknowledgment of
30 parentage form shall be attached to the petition. The
31 petition shall ask that the circuit court enter an order for
32 support. The petition may ask that an order for visitation,
33 custody, or guardianship be entered. The filing and
34 appearance fees provided under the Clerks of Courts Act shall
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1 be waived for all cases in which an acknowledgment of
2 parentage form has been properly completed by the parties and
3 in which a petition to establish an order for support by
4 consent has been filed with the clerk of the circuit court.
5 This subsection shall not be construed to prohibit filing any
6 petition for child support, visitation, or custody under this
7 Act, the Illinois Marriage and Dissolution of Marriage Act,
8 or the Non-Support of Spouse and Children Act. This
9 subsection shall also not be construed to prevent the
10 establishment of an administrative support order in cases
11 involving persons receiving child support enforcement
12 services under Article X of the Illinois Public Aid Code.
13 (Source: P.A. 88-687, eff. 1-24-95; 89-641, eff. 8-9-96.)
14 (750 ILCS 45/7) (from Ch. 40, par. 2507)
15 Sec. 7. Determination of Father and Child Relationship;
16 Who May Bring Action; Parties.
17 (a) An action to determine the existence of the father
18 and child relationship, whether or not such a relationship is
19 already presumed under Section 5 of this Act, may be brought
20 by the child; the mother; a pregnant woman; any person or
21 public agency who has custody of, or is providing or has
22 provided financial support to, the child; the Illinois
23 Department of Public Aid if it is providing or has provided
24 financial support to the child or if it is assisting with
25 child support collection services; or a man presumed or
26 alleging himself to be the father of the child or expected
27 child. The complaint shall be verified and shall name the
28 person or persons alleged to be the father of the child.
29 (b) An action to declare the non-existence of the parent
30 and child relationship may be brought by the child, the
31 natural mother, or a man presumed to be the father under
32 subdivision (a)(1) or (a)(2) of Section 5 of this Act or a
33 man determined to be the father under Section 6. Actions
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1 brought by the child, the natural mother or a presumed father
2 shall be brought by verified complaint. An action to declare
3 the non-existence of the parent and child relationship
4 brought by a man determined to be the father under Section 6
5 shall be initiated by the filing of an affidavit by the
6 plaintiff's attorney or by the plaintiff, if the plaintiff is
7 proceeding pro se, attached to the complaint, declaring one
8 of the following:
9 (1) That the affiant, the natural mother and the
10 child have submitted to appropriate tests to determine
11 inherited characteristics, including, but not limited to,
12 blood types and genetic markers, and that the results of
13 those tests show that there is a reasonable probability
14 that the plaintiff is not the parent of the child. A
15 copy of a written report, clearly identifying the parties
16 to the action and the results of the tests, must be
17 attached to the affidavit.
18 (2) That the affiant is willing to submit to any
19 appropriate tests to determine inherited characteristics,
20 including, but not limited to, blood types and genetic
21 markers, but that the natural mother has refused to
22 submit to such tests either on behalf of herself or on
23 behalf of the minor child or that the child has refused
24 to submit to such tests.
25 Allegations and denials in the affidavit, made without
26 reasonable cause and found to be untrue, shall subject the
27 party pleading them or that party's attorney, or both, to the
28 payment of reasonable expenses, actually incurred by the
29 other party by reason of the untrue pleading, together with
30 reasonable attorneys' fees to be taxed by the court upon
31 motion made within 30 days of the judgment or dismissal. In
32 no event shall the award for attorneys' fees and expenses
33 exceed those actually paid by the moving party. The failure
34 to file an affidavit required by this Section shall be
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1 grounds for dismissal under Section 2-619 of the Code of
2 Civil Procedure.
3 After the presumption that a man presumed to be the
4 father under subdivision (a)(1) or (a)(2) of Section 5 has
5 been rebutted, or after a man determined to be the father
6 under Section 6 has been determined under this Section to not
7 be the father, paternity of the child by another man may be
8 determined in the same action, if he has been made a party.
9 (c) If any party is a minor, he or she may be
10 represented by his or her general guardian or a guardian ad
11 litem appointed by the court, which may include an
12 appropriate agency. The court may align the parties.
13 (d) Regardless of its terms, an agreement, other than a
14 settlement approved by the court, between an alleged or
15 presumed father and the mother or child, does not bar an
16 action under this Section.
17 (e) If an action under this Section is brought before
18 the birth of the child, all proceedings shall be stayed until
19 after the birth, except for service or process, the taking of
20 depositions to perpetuate testimony, and the ordering of
21 blood tests under appropriate circumstances.
22 (Source: P.A. 89-674, eff. 8-14-96.)
23 (750 ILCS 45/8) (from Ch. 40, par. 2508)
24 Sec. 8. Statute of limitations.
25 (a)(1) An action brought by or on behalf of a child, an
26 action brought by a party alleging that he or she is the
27 child's natural parent, or an action brought by the
28 Illinois Department of Public Aid, if it is providing or
29 has provided financial support to the child or if it is
30 assisting with child support collection services, shall
31 be barred if brought later than 2 years after the child
32 reaches the age of majority; however, if the action on
33 behalf of the child is brought by a public agency, other
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1 than the Illinois Department of Public Aid if it is
2 providing or has provided financial support to the child
3 or if it is assisting with child support collection
4 services, it shall be barred 2 years after the agency has
5 ceased to provide assistance to the child.
6 Except as otherwise provided in this Section, an
7 action brought by a party alleging that he or she is the
8 child's natural parent shall be barred if brought later
9 than 2 years after the child reaches the age of majority.
10 An action brought by a party alleging that he is the
11 child's natural father shall be barred if brought later
12 than 2 years after the child's birth if the party has
13 forgone his parental rights as manifested by his failure
14 for a period of 36 months to visit, provide support for,
15 or communicate with the child although able to do so.
16 This limitation on an action brought by a party alleging
17 that he is the child's natural father does not apply if
18 (i) the party was prevented from visiting, providing
19 support for, or communicating with the child by the
20 child's other parent, another person, or an agency or
21 (ii) the party lacked knowledge of the child's birth.
22 (2) Failure to bring an action within 2 years shall
23 not bar any party from asserting a defense in any action
24 to declare the non-existence of the parent and child
25 relationship.
26 (3) An action to declare the non-existence of the
27 parent and child relationship shall be barred if brought
28 later than 2 years after the petitioner obtains knowledge
29 of relevant facts. The 2-year period for bringing an
30 action to declare the nonexistence of the parent and
31 child relationship shall not extend beyond the date on
32 which the child reaches the age of 18 years. Failure to
33 bring an action within 2 years shall not bar any party
34 from asserting a defense in any action to declare the
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1 existence of the parent and child relationship.
2 (b) The time during which any party is not subject to
3 service of process or is otherwise not subject to the
4 jurisdiction of the courts of this State shall toll the
5 aforementioned periods.
6 (c) This Act does not affect the time within which any
7 rights under the Probate Act of 1975 may be asserted beyond
8 the time provided by law relating to distribution and closing
9 of decedent's estates or to the determination of heirship, or
10 otherwise.
11 (Source: P.A. 88-538; 88-687, eff. 1-24-95; 89-674, eff.
12 8-14-96.)
13 (750 ILCS 45/13) (from Ch. 40, par. 2513)
14 Sec. 13. Civil Action; Jury. (a) An action under this
15 Act is a civil action governed by the provisions of the "Code
16 of Civil Procedure", approved August 19, 1981, as amended,
17 and the Supreme Court rules applicable thereto, except where
18 otherwise specified in this Act.
19 (b) Trial by jury is not available under this Act. Any
20 party who desires a trial by jury on the issue of parentage
21 must file a demand therefor pursuant to and within the time
22 limits set forth in the "Code of Civil Procedure", approved
23 August 19, 1981, as amended.
24 (c) Certified copies of the bills for costs incurred for
25 pregnancy and childbirth shall be admitted into evidence at
26 judicial or administrative proceedings without foundation
27 testimony or other proof of authenticity or accuracy.
28 (Source: P.A. 83-1372.)
29 (750 ILCS 45/13.1 new)
30 Sec. 13.1. Temporary order for child support.
31 Notwithstanding any other law to the contrary, pending the
32 outcome of a judicial determination of parentage, the court
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1 shall issue a temporary order for child support, upon motion
2 by a party and a showing of clear and convincing evidence of
3 paternity. In determining the amount of the temporary child
4 support award, the court shall use the guidelines and
5 standards set forth in subsection (a) of Section 505 and in
6 Section 505.2 of the Illinois Marriage and Dissolution of
7 Marriage Act.
8 Any new or existing support order entered by the court
9 under this Section shall be deemed to be a series of
10 judgments against the person obligated to pay support
11 thereunder, each such judgment to be in the amount of each
12 payment or installment of support and each judgment to be
13 deemed entered as of the date the corresponding payment or
14 installment becomes due under the terms of the support order.
15 Each such judgment shall have the full force, effect, and
16 attributes of any other judgment of this State, including the
17 ability to be enforced. Any such judgment is subject to
18 modification or termination only in accordance with Section
19 510 of the Illinois Marriage and Dissolution of Marriage Act.
20 A lien arises by operation of law against the real and
21 personal property of the noncustodial parent for each
22 installment of overdue support owed by the noncustodial
23 parent.
24 All orders for support, when entered or modified, shall
25 include a provision requiring the non-custodial parent to
26 notify the court, and in cases in which a party is receiving
27 child and spouse support services under Article X of the
28 Illinois Public Aid Code, the Illinois Department of Public
29 Aid, within 7 days, (i) of the name, address, and telephone
30 number of any new employer of the non-custodial parent, (ii)
31 whether the non-custodial parent has access to health
32 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.
3 In any subsequent action to enforce a support order, upon
4 sufficient showing that diligent effort has been made to
5 ascertain the location of the non-custodial parent, service
6 of process or provision of notice necessary in that action
7 may be made at the last known address of the non-custodial
8 parent, in any manner expressly provided by the Code of Civil
9 Procedure or in this Act, which service shall be sufficient
10 for purposes of due process.
11 An order for support shall include a date on which the
12 current support obligation terminates. The termination date
13 shall be no earlier than the date on which the child covered
14 by the order will attain the age of majority or is otherwise
15 emancipated. The order for support shall state that the
16 termination date does not apply to any arrearage that may
17 remain unpaid on that date. Nothing in this paragraph shall
18 be construed to prevent the court from modifying the order.
19 (750 ILCS 45/14) (from Ch. 40, par. 2514)
20 Sec. 14. Judgment.
21 (a) (1) The judgment shall contain or explicitly reserve
22 provisions concerning any duty and amount of child support
23 and may contain provisions concerning the custody and
24 guardianship of the child, visitation privileges with the
25 child, the furnishing of bond or other security for the
26 payment of the judgment, which the court shall determine in
27 accordance with the relevant factors set forth in the
28 Illinois Marriage and Dissolution of Marriage Act and any
29 other applicable law of Illinois, to guide the court in a
30 finding in the best interests of the child. In determining
31 custody, joint custody, or visitation, the court shall apply
32 the relevant standards of the Illinois Marriage and
33 Dissolution of Marriage Act. Specifically, in determining the
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1 amount of any child support award, the court shall use the
2 guidelines and standards set forth in subsection (a) of
3 Section 505 and in Section 505.2 of the Illinois Marriage and
4 Dissolution of Marriage Act. For purposes of Section 505 of
5 the Illinois Marriage and Dissolution of Marriage Act, "net
6 income" of the non-custodial parent shall include any
7 benefits available to that person under the Illinois Public
8 Aid Code or from other federal, State or local
9 government-funded programs. The court shall, in any event
10 and regardless of the amount of the non-custodial parent's
11 net income, in its judgment order the non-custodial parent to
12 pay child support to the custodial parent in a minimum amount
13 of not less than $10 per month. In an action brought within 2
14 years after a child's birth, the judgment or order may direct
15 either parent to pay the reasonable expenses incurred by
16 either parent related to the mother's pregnancy and the
17 delivery of the child. The judgment or order shall contain
18 the father's social security number, which the father shall
19 disclose to the court; however, failure to include the
20 father's social security number on the judgment or order does
21 not invalidate the judgment or order.
22 (2) If a judgment of parentage contains no explicit
23 award of custody, the establishment of a support obligation
24 or of visitation rights in one parent shall be considered a
25 judgment granting custody to the other parent. If the
26 parentage judgment contains no such provisions, custody shall
27 be presumed to be with the mother; however, the presumption
28 shall not apply if the father has had physical custody for at
29 least 6 months prior to the date that the mother seeks to
30 enforce custodial rights.
31 (b) The court shall order all child support payments,
32 determined in accordance with such guidelines, to commence
33 with the date summons is served. The level of current
34 periodic support payments shall not be reduced because of
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1 payments set for the period prior to the date of entry of the
2 support order. The Court may order any child support
3 payments to be made for a period prior to the commencement of
4 the action. In determining whether and the extent to which
5 the payments shall be made for any prior period, the court
6 shall consider all relevant facts, including the factors for
7 determining the amount of support specified in the Illinois
8 Marriage and Dissolution of Marriage Act and other equitable
9 factors including but not limited to:
10 (1) The father's prior knowledge of the fact and
11 circumstances of the child's birth.
12 (2) The father's prior willingness or refusal to
13 help raise or support the child.
14 (3) The extent to which the mother or the public
15 agency bringing the action previously informed the father
16 of the child's needs or attempted to seek or require his
17 help in raising or supporting the child.
18 (4) The reasons the mother or the public agency did
19 not file the action earlier.
20 (5) The extent to which the father would be
21 prejudiced by the delay in bringing the action.
22 For purposes of determining the amount of child support
23 to be paid for any period before the date the order for
24 current child support is entered, there is a rebuttable
25 presumption that the father's net income for the prior period
26 was the same as his net income at the time the order for
27 current child support is entered.
28 (c) Any new or existing support order entered by the
29 court under this Section shall be deemed to be a series of
30 judgments against the person obligated to pay support
31 thereunder, each judgment to be in the amount of each payment
32 or installment of support and each such judgment to be deemed
33 entered as of the date the corresponding payment or
34 installment becomes due under the terms of the support order.
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1 Each judgment shall have the full force, effect and
2 attributes of any other judgment of this State, including the
3 ability to be enforced. A lien arises by operation of law
4 against the real and personal property of the noncustodial
5 parent for each installment of overdue support owed by the
6 noncustodial parent.
7 (d) If the judgment or order of the court is at variance
8 with the child's birth certificate, the court shall order
9 that a new birth certificate be issued under the Vital
10 Records Act.
11 (e) On request of the mother and the father, the court
12 shall order a change in the child's name. After hearing
13 evidence the court may stay payment of support during the
14 period of the father's minority or period of disability.
15 (f) If, upon a showing of proper service, the father
16 fails to appear in court, or otherwise appear as provided by
17 law, the court may proceed to hear the cause upon testimony
18 of the mother or other parties taken in open court and shall
19 enter a judgment by default. The court may reserve any order
20 as to the amount of child support until the father has
21 received notice, by regular mail, of a hearing on the matter.
22 (g) A one-time charge of 20% is imposable upon the
23 amount of past-due child support owed on July 1, 1988 which
24 has accrued under a support order entered by the court. The
25 charge shall be imposed in accordance with the provisions of
26 Section 10-21 of the Illinois Public Aid Code and shall be
27 enforced by the court upon petition.
28 (h) All orders An order for support, when entered or
29 modified, in a case in which a party is receiving child and
30 spouse support services under Article X of the Illinois
31 Public Aid Code shall include a provision requiring the
32 non-custodial parent to notify the court and, in cases in
33 which party is receiving child and spouse support services
34 under Article X of the Illinois Public Aid Code, the Illinois
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1 Department of Public Aid, within 7 days, (i) of the name and
2 address of any new employer of the non-custodial parent, (ii)
3 whether the non-custodial parent has access to health
4 insurance coverage through the employer or other group
5 coverage, and, if so, the policy name and number and the
6 names of persons covered under the policy, and (iii) of any
7 new residential or mailing address or telephone number of the
8 non-custodial parent. In any subsequent action to enforce a
9 support order, upon a sufficient showing that a diligent
10 effort has been made to ascertain the location of the
11 non-custodial parent, service of process or provision of
12 notice necessary in the case may be made at the last known
13 address of the non-custodial parent in any manner expressly
14 provided by the Code of Civil Procedure or this Act, which
15 service shall be sufficient for purposes of due process.
16 (i) An order for support shall include a date on which
17 the current support obligation terminates. The termination
18 date shall be no earlier than the date on which the child
19 covered by the order will attain the age of majority or is
20 otherwise emancipated. The order for support shall state that
21 the termination date does not apply to any arrearage that may
22 remain unpaid on that date. Nothing in this subsection shall
23 be construed to prevent the court from modifying the order.
24 (Source: P.A. 88-307; 88-538; 88-687, eff. 1-24-95.)
25 (750 ILCS 45/15.1) (from Ch. 40, par. 2515.1)
26 Sec. 15.1. (a) Whenever it is determined in a
27 proceeding to establish or enforce a child support obligation
28 that the person owing a duty of support is unemployed, the
29 court may order the person to seek employment and report
30 periodically to the court with a diary, listing or other
31 memorandum of his or her efforts in accordance with such
32 order. Additionally, the court may order the unemployed
33 person to report to the Department of Employment Security for
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1 job search services or to make application with the local
2 Jobs Training Partnership Act provider for participation in
3 job search, training or work programs and where the duty of
4 support is owed to a child receiving support services under
5 Article X of The Illinois Public Aid Code, as amended, the
6 court may order the unemployed person to report to the
7 Illinois Department of Public Aid for participation in job
8 search, training or work programs established under Section
9 9-6 and Article IXA of that Code.
10 (b) Whenever it is determined that a person owes
11 past-due support for a child, and the child is receiving
12 assistance under the Illinois Public Aid Code, the court
13 shall order the following at the request of the Illinois
14 Department of Public Aid:
15 (1) that the person pay the past-due support in
16 accordance with a plan approved by the court; or
17 (2) if the person owing past-due support is
18 unemployed, is subject to such a plan, and is not
19 incapacitated, that the person participate in such job
20 search, training, or work programs established under
21 Section 9-6 and Article IXA of the Illinois Public Aid
22 Code as the court deems appropriate.
23 (Source: P.A. 85-1155.)
24 (750 ILCS 45/20) (from Ch. 40, par. 2520)
25 (Text of Section before amendment by P.A. 89-507)
26 Sec. 20. Withholding of Income to Secure Payment of
27 Support.
28 (A) Definitions.
29 (1) "Order for support" means any order of the court
30 which provides for periodic payment of funds for the support
31 of a child, whether temporary or final, and includes any such
32 order which provides for:
33 (a) modification or resumption of, or payment of
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1 arrearage accrued under, a previously existing order;
2 (b) reimbursement of support;
3 (c) payment or reimbursement of the expense of
4 pregnancy and delivery; or
5 (d) enrollment in a health insurance plan that is
6 available to the obligor through an employer or labor
7 union or trade union.
8 (2) "Arrearage" means the total amount of unpaid support
9 obligations.
10 (3) "Delinquency" means any payment under an order for
11 support which becomes due and remains unpaid after an order
12 for withholding has been entered under subsection (B) or, for
13 purposes of subsection (K), after the last order for support
14 was entered for which no order for withholding was entered.
15 (4) "Income" means any form of periodic payment to an
16 individual, regardless of source, including, but not limited
17 to: wages, salary, commission, compensation as an independent
18 contractor, workers' compensation, disability, annuity and
19 retirement benefits, lottery prize awards, insurance
20 proceeds, vacation pay, bonuses, profit-sharing payments and
21 any other payments, made by any person, private entity,
22 federal or state government, any unit of local government,
23 school district or any entity created by Public Act; however,
24 "income" excludes:
25 (a) any amounts required by law to be withheld,
26 other than creditor claims, including, but not limited
27 to, federal, State and local taxes, Social Security and
28 other retirement and disability contributions;
29 (b) union dues;
30 (c) any amounts exempted by the federal Consumer
31 Credit Protection Act;
32 (d) public assistance payments; and
33 (e) unemployment insurance benefits except as
34 provided by law.
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1 Any other State or local laws which limit or exempt
2 income or the amount or percentage of income that can be
3 withheld shall not apply.
4 (5) "Obligor" means the individual who owes a duty to
5 make payments under an order for support.
6 (6) "Obligee" means the individual to whom a duty of
7 support is owed or the individual's legal representative.
8 (7) "Payor" means any payor of income to an obligor.
9 (8) "Public office" means any elected official or any
10 State or local agency which is or may become responsible by
11 law for enforcement of, or which is or may become authorized
12 to enforce, an order for support, including, but not limited
13 to: the Attorney General, the Illinois Department of Public
14 Aid, the Illinois Department of Mental Health and
15 Developmental Disabilities, 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 (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 an Order for Withholding.
25 (1) Upon entry of any order for support on or after July
26 1, 1985, the court shall enter a separate order for
27 withholding which shall not take effect unless the obligor
28 becomes delinquent in paying the order for support or the
29 obligor requests an earlier effective date; except that the
30 court may require the order for withholding to take effect
31 immediately.
32 On or after January 1, 1989, the court shall require the
33 order for withholding to take effect immediately, unless a
34 written agreement is reached between and signed by both
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1 parties providing for an alternative arrangement, approved
2 and entered into the record by the court, which insures
3 payment of support. In that case, the court shall enter the
4 order for withholding which will not take effect unless the
5 obligor becomes delinquent in paying the order for support.
6 Upon entry of any order of support on or after September
7 11, 1989, if the obligor is not a United States citizen, the
8 obligor shall provide to the court the obligor's alien
9 registration number, passport number, and home country's
10 social security or national health number, if applicable; the
11 court shall make the information part of the record in the
12 case.
13 (2) An order for withholding shall be entered upon
14 petition by the obligee or public office where an order for
15 withholding has not been previously entered.
16 (3) The order for withholding shall:
17 (a) direct any payor to withhold a dollar amount
18 equal to the order for support; and
19 (b) direct any payor to withhold an additional
20 dollar amount, not less than 20% of the order for
21 support, until payment in full of any delinquency stated
22 in the notice of delinquency provided for in subsection
23 (C) or (F) of this Section; and
24 (c) direct any payor or labor union or trade union
25 to enroll a child as a beneficiary of a health insurance
26 plan and withhold or cause to be withheld, if applicable,
27 any required premiums; and
28 (d) state the rights, remedies and duties of the
29 obligor under this Section; and
30 (e) include the obligor's Social Security Number,
31 which the obligor shall disclose to the court; and
32 (f) include the date that withholding for current
33 support terminates, which shall be the date of
34 termination of the current support obligation set forth
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1 in the order for support.
2 (4) At the time the order for withholding is entered,
3 the Clerk of the Circuit Court shall provide a copy of the
4 order for withholding and the order for support to the
5 obligor and shall make copies available to the obligee and
6 public office. Any copy of the order for withholding
7 furnished to the parties under this subsection shall be
8 stamped "Not Valid".
9 (5) The order for withholding shall remain in effect for
10 as long as the order for support upon which it is based.
11 (6) The failure of an order for withholding to state an
12 arrearage is not conclusive of the issue of whether an
13 arrearage is owing.
14 (7) Notwithstanding the provisions of this subsection,
15 if the court finds at the time of any hearing that arrearage
16 has accrued in an amount equal to at least one month's
17 support obligation or that the obligor is 30 days late in
18 paying all or part of the order for support, the court shall
19 order immediate service of the order for withholding upon the
20 payor.
21 (8) Where the court has not required that the order for
22 withholding take effect immediately, the obligee or public
23 office may prepare and serve a notice for immediate
24 withholding upon the obligor by ordinary mail addressed to
25 the obligor at his or her last known address. The notice
26 shall state that the following circumstances have occurred:
27 (a) The parties' written agreement providing an
28 alternative arrangement to immediate withholding under
29 paragraph (1) of this subsection no longer provides for
30 timely payment of all support due; or
31 (b) The obligor has not made timely payments in
32 that the obligor has been at least 7 days late in paying
33 all or part of the order for support any of the last 6
34 consecutive dates payments were due prior to the date of
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1 the notice for immediate withholding.
2 The notice for immediate withholding shall clearly state
3 that a specially certified copy of the order for withholding
4 will be sent to the payor, unless the obligor files a
5 petition contesting immediate withholding within 20 days
6 after service of the notice; however, the grounds for the
7 petition shall be limited to a dispute concerning whether the
8 circumstances stated in the notice have occurred or the
9 identity of the obligor. It shall not be grounds for the
10 petition that the obligor has made all payments due by the
11 date of the petition.
12 If the obligor files a petition contesting immediate
13 withholding within the 20-day period required under this
14 paragraph, the Clerk of the Circuit Court shall notify the
15 obligor and the obligee or public office, as appropriate, of
16 the time and place of the hearing on the petition. Upon
17 hearing the petition, the court shall enter an order granting
18 or denying relief. It shall not be grounds for granting the
19 obligor's petition that he or she has made all payments due
20 by the date of hearing. If the court denies the obligor's
21 petition, it shall order immediate service of the order for
22 withholding and direct the clerk to provide a specially
23 certified copy of the order for withholding to the obligee or
24 public office indicating that the requirements for immediate
25 withholding under this paragraph have been met.
26 If the obligor does not file a petition contesting
27 immediate withholding within the 20-day period, the obligee
28 or public office shall file with the Clerk of the Circuit
29 Court an affidavit, with a copy of the notice for immediate
30 withholding attached thereto, stating that the notice was
31 duly served and the date on which service was effected, and
32 that the obligor has not filed a petition contesting
33 immediate withholding. The clerk shall then provide to the
34 obligee or public office a specially certified copy of the
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1 order for withholding indicating that the requirements for
2 immediate withholding under this paragraph have been met.
3 Upon receipt of a specially certified copy of the order
4 for withholding, the obligee or public office may serve the
5 order on the payor, its superintendent, manager or other
6 agent, by certified mail or personal delivery. A proof of
7 service shall be filed with the Clerk of the Circuit Court.
8 (C) Notice of Delinquency.
9 (1) Whenever an obligor becomes delinquent in payment of
10 an amount equal to at least one month's support obligation
11 pursuant to the order for support or is at least 30 days late
12 in complying with all or part of the order for support,
13 whichever occurs first, the obligee or public office may
14 prepare and serve a verified notice of delinquency, together
15 with a form petition to stay service, pursuant to paragraph
16 (3) of this subsection.
17 (2) The notice of delinquency shall recite the terms of
18 the order for support and contain a computation of the period
19 and total amount of the delinquency, as of the date of the
20 notice. The notice shall clearly state that it will be sent
21 to the payor, together with a specially certified copy of the
22 order for withholding, except as provided in subsection (F),
23 unless the obligor files a petition to stay service in
24 accordance with paragraph (1) of subsection (D).
25 (3) The notice of delinquency shall be served by
26 ordinary mail addressed to the obligor at his or her last
27 known address.
28 (4) The obligor may execute a written waiver of the
29 provisions of paragraphs (1) through (3) of this subsection
30 and request immediate service upon the payor.
31 (D) Procedures to Avoid Income Withholding.
32 (1) Except as provided in subsection (F), the obligor
33 may prevent an order for withholding from being served by
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1 filing a petition to stay service with the Clerk of the
2 Circuit Court, within 20 days after service of the notice of
3 delinquency; however, the grounds for the petition to stay
4 service shall be limited to a dispute concerning: (a) the
5 amount of current support or the existence or amount of the
6 delinquency; or (b) the identity of the obligor.
7 The Clerk of the Circuit Court shall notify the obligor
8 and the obligee or public office, as appropriate, of the time
9 and place of the hearing on the petition to stay service. The
10 court shall hold such hearing pursuant to the provisions of
11 subsection (H).
12 (2) Except as provided in subsection (F), filing of a
13 petition to stay service, within the 20-day period required
14 under this subsection, shall prohibit the obligee or public
15 office from serving the order for withholding on any payor of
16 the obligor.
17 (E) Initial Service of Order for Withholding.
18 (1) Except as provided in subsection (F), in order to
19 serve an order for withholding upon a payor, an obligee or
20 public office shall follow the procedures set forth in this
21 subsection. After 20 days following service of the notice of
22 delinquency, the obligee or public office shall file with the
23 Clerk of the Circuit Court an affidavit, with the copy of the
24 notice of delinquency attached thereto, stating:
25 (a) that the notice of delinquency has been duly
26 served and the date on which service was effected; and
27 (b) that the obligor has not filed a petition to
28 stay service, or in the alternative
29 (c) that the obligor has waived the provisions of
30 subparagraphs (a) and (b) of this paragraph (1) in
31 accordance with subsection (C)(4).
32 (2) Upon request of the obligee or public office, the
33 Clerk of the Circuit Court shall: (a) make available any
34 record of payment; and (b) determine that the file contains a
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1 copy of the affidavit described in paragraph (1). The Clerk
2 shall then provide to the obligee or public office a
3 specially certified copy of the order for withholding and the
4 notice of delinquency indicating that the preconditions for
5 service have been met.
6 (3) The obligee or public office may then serve the
7 notice of delinquency and order for withholding on the payor,
8 its superintendent, manager or other agent, by certified mail
9 or personal delivery. A proof of service shall be filed with
10 the Clerk of the Circuit Court.
11 (F) Subsequent Service of Order for Withholding.
12 (1) Notwithstanding the provisions of this Section, at
13 any time after the court has ordered immediate service of an
14 order for withholding or after initial service of an order
15 for withholding pursuant to subsection (E), the obligee or
16 public office may serve the order for withholding upon any
17 payor of the obligor without further notice to the obligor.
18 The obligee or public office shall provide notice to the
19 payor, pursuant to paragraph (6) of subsection (I), of any
20 payments that have been made through previous withholding or
21 any other method.
22 (2) The Clerk of the Circuit Court shall, upon request,
23 provide the obligee or public office with specially certified
24 copies of the order for withholding or the notice of
25 delinquency or both whenever the Court has ordered immediate
26 service of an order for withholding or an affidavit has been
27 placed in the court file indicating that the preconditions
28 for service have been previously met. The obligee or public
29 office may then serve the 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 (3) If a delinquency has accrued for any reason, the
34 obligee or public office may serve a notice of delinquency
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1 upon the obligor pursuant to subsection (C). The obligor may
2 prevent the notice of delinquency from being served upon the
3 payor by utilizing the procedures set forth in subsection
4 (D). If no petition to stay service has been filed within the
5 required 20 day time period, the obligee or public office may
6 serve the notice of delinquency on the payor by utilizing the
7 procedures for service set forth in subsection (E).
8 (G) Duties of Payor.
9 (1) It shall be the duty of any payor who has been
10 served with a copy of the specially certified order for
11 withholding and any notice of delinquency to deduct and pay
12 over income as provided in this subsection. The payor shall
13 deduct the amount designated in the order for withholding, as
14 supplemented by the notice of delinquency and any notice
15 provided pursuant to paragraph (6) of subsection (I),
16 beginning no later than the next payment of income which is
17 payable to the obligor that occurs 14 days following the date
18 the order and any notice were mailed by certified mail or
19 placed for personal delivery. The payor may combine all
20 amounts withheld for the benefit of an obligee or public
21 office into a single payment and transmit the payment with a
22 listing of obligors from whom withholding has been effected.
23 The payor shall pay the amount withheld to the obligee or
24 public office within 10 calendar days of the date income is
25 paid to the obligor in accordance with the order for
26 withholding and any subsequent notification received from the
27 public office redirecting payments. If the payor knowingly
28 fails to pay any amount withheld to the obligee or public
29 office within 10 calendar days of the date income is paid to
30 the obligor, the payor shall pay a penalty of $100 for each
31 day that the withheld amount is not paid to the obligee or
32 public office after the period of 10 calendar days has
33 expired. The failure of a payor, on more than one occasion,
34 to pay amounts withheld to the obligee or public office
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1 within 10 calendar days of the date income is paid to the
2 obligor creates a presumption that the payor knowingly failed
3 to pay the amounts. This penalty may be collected in a civil
4 action which may be brought against the payor in favor of the
5 obligee. For purposes of this Section, a withheld amount
6 shall be considered paid by a payor on the date it is mailed
7 by the payor, or on the date an electronic funds transfer of
8 the amount has been initiated by the payor, or on the date
9 delivery of the amount has been initiated by the payor. For
10 each deduction, the payor shall provide the obligee or public
11 office, at the time of transmittal, with the date income was
12 paid from which support was withheld.
13 Upon receipt of an order requiring that a minor child be
14 named as a beneficiary of a health insurance plan available
15 through an employer or labor union or trade union, the
16 employer or labor union or trade union shall immediately
17 enroll the minor child as a beneficiary in the health
18 insurance plan designated by the court order. The employer
19 shall withhold any required premiums and pay over any amounts
20 so withheld and any additional amounts the employer pays to
21 the insurance carrier in a timely manner. The employer or
22 labor union or trade union shall mail to the obligee, within
23 15 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 order
3 for withholding to the obligee or public office and shall
4 provide information for the purpose of enforcing this
5 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 order for withholding pertaining to
13 the same obligor, the payor shall allocate income available
14 for withholding on a proportionate share basis, giving
15 priority to current support payments. If there is any income
16 available for withholding after withholding for all current
17 support obligations, the payor shall allocate the income to
18 past due support payments ordered in non-AFDC matters and
19 then to past due support payments ordered in AFDC matters,
20 both on a proportionate share basis. Payment as required by
21 the order for withholding shall be a complete defense by the
22 payor against any claims of the obligor or his creditors as
23 to the sum so paid.
24 (4) No payor shall discharge, discipline, refuse to hire
25 or otherwise penalize any obligor because of the duty to
26 withhold income.
27 (H) Petitions to Stay Service or to Modify, Suspend or
28 Terminate Orders for Withholding.
29 (1) When an obligor files a petition to stay service,
30 the court, after due notice to all parties, shall hear the
31 matter as soon as practicable and shall enter an order
32 granting or denying relief, amending the notice of
33 delinquency, amending the order for withholding, where
34 applicable, or otherwise resolving the matter. If the court
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1 finds that a delinquency existed when the notice of
2 delinquency was served upon the obligor, in an amount of at
3 least one month's support obligation, or that the obligor was
4 at least 30 days late in paying all or part of the order for
5 support, the court shall order immediate service of the order
6 for withholding. Where the court cannot promptly resolve any
7 dispute over the amount of the delinquency, the court may
8 order immediate service of the order for withholding as to
9 any undisputed amounts specified in an amended notice of
10 delinquency, and may continue the hearing on the disputed
11 amounts.
12 (2) At any time, an obligor, obligee, public office or
13 Clerk of the Circuit Court may petition the court to:
14 (a) modify, suspend or terminate the order for
15 withholding because of a modification, suspension or
16 termination of the underlying order for support; or
17 (b) modify the amount of income to be withheld to
18 reflect payment in full or in part of the delinquency or
19 arrearage by income withholding or otherwise; or
20 (c) suspend the order for withholding because of
21 inability to deliver income withheld to the obligee due
22 to the obligee's failure to provide a mailing address or
23 other means of delivery.
24 (3) The obligor, obligee or public office shall serve on
25 the payor, by certified mail or personal delivery, a copy of
26 any order entered pursuant to this subsection that affects
27 the duties of the payor.
28 (4) At any time, a public office or Clerk of the Circuit
29 Court may serve a notice on the payor to:
30 (a) cease withholding of income for payment of
31 current support for a child when the support obligation
32 for that child has automatically ceased under the order
33 for support through emancipation or otherwise; or
34 (b) cease withholding of income for payment of
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1 delinquency or arrearage when the delinquency or
2 arrearage has been paid in full.
3 (5) The notice provided for under paragraph (4) of this
4 subsection shall be served on the payor by ordinary mail, and
5 a copy shall be provided to the obligor and the obligee. A
6 copy of the notice shall be filed with the Clerk of the
7 Circuit Court.
8 (6) The order for withholding shall continue to be
9 binding upon the payor until service of any order of the
10 court or notice entered or provided for under this
11 subsection.
12 (I) Additional Duties.
13 (1) An obligee who is receiving income withholding
14 payments under this Section shall notify the payor, if the
15 obligee receives the payments directly from the payor, or the
16 public office or the Clerk of the Circuit Court, as
17 appropriate, of any change of address within 7 days of such
18 change.
19 (2) An obligee who is a recipient of public aid shall
20 send a copy of any notice of delinquency filed pursuant to
21 subsection (C) to the Bureau of Child Support of the Illinois
22 Department of Public Aid.
23 (3) Each obligor shall notify the obligee and the Clerk
24 of the Circuit Court of any change of address within 7 days.
25 (4) An obligor whose income is being withheld or who has
26 been served with a notice of delinquency pursuant to this
27 Section shall notify the obligee and the Clerk of the Circuit
28 Court of any new payor, within 7 days.
29 (5) When the Illinois Department of Public Aid is no
30 longer authorized to receive payments for the obligee, it
31 shall, within 7 days, notify the payor or, where appropriate,
32 the Clerk of the Circuit Court, to redirect income
33 withholding payments to the obligee.
34 (6) The obligee or public office shall provide notice to
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1 the payor and Clerk of the Circuit Court of any other support
2 payment made, including but not limited to, a set-off under
3 federal and State law or partial payment of the delinquency
4 or arrearage, or both.
5 (7) Any public office and Clerk of the Circuit Court
6 which collects, disburses or receives payments pursuant to
7 orders for withholding shall maintain complete, accurate, and
8 clear records of all payments and their disbursements.
9 Certified copies of payment records maintained by a public
10 office or Clerk of the Circuit Court shall, without further
11 proof, be admitted into evidence in any legal proceedings
12 under this Section.
13 (8) The Illinois Department of Public Aid shall design
14 suggested legal forms for proceeding under this Section and
15 shall make available to the courts such forms and
16 informational materials which describe the procedures and
17 remedies set forth herein for distribution to all parties in
18 support actions.
19 (9) At the time of transmitting each support payment,
20 the clerk of the circuit court shall provide the obligee or
21 public office, as appropriate, with any information furnished
22 by the payor as to the date income was paid from which such
23 support was withheld.
24 (J) Penalties.
25 (1) Where a payor wilfully fails to withhold or pay over
26 income pursuant to a properly served, specially certified
27 order for withholding and any notice of delinquency, or
28 wilfully discharges, disciplines, refuses to hire or
29 otherwise penalizes an obligor as prohibited by subsection
30 (G), or otherwise fails to comply with any duties imposed by
31 this Section, the obligee, public office or obligor, as
32 appropriate, may file a complaint with the court against the
33 payor. The clerk of the circuit court shall notify the
34 obligee or public office, as appropriate, and the obligor and
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1 payor of the time and place of the hearing on the complaint.
2 The court shall resolve any factual dispute including, but
3 not limited to, a denial that the payor is paying or has paid
4 income to the obligor. Upon a finding in favor of the
5 complaining party, the court:
6 (a) shall enter judgment and order the enforcement
7 thereof for the total amount that the payor wilfully
8 failed to withhold or pay over; and
9 (b) may order employment or reinstatement of or
10 restitution to the obligor, or both, where the obligor
11 has been discharged, disciplined, denied employment or
12 otherwise penalized by the payor and may impose a fine
13 upon the payor not to exceed $200.
14 (2) Any obligee, public office or obligor who wilfully
15 initiates a false proceeding under this Section or who
16 wilfully fails to comply with the requirements of this
17 Section shall be punished as in cases of contempt of court.
18 (K) Alternative Procedures for Entry and Service of an Order
19 for Withholding.
20 (1) Effective January 1, 1987, in any matter in which an
21 order for withholding has not been entered for any reason,
22 based upon the last order for support that has been entered,
23 and in which the obligor has become delinquent in payment of
24 an amount equal to at least one month's support obligation
25 pursuant to the last order for support or is at least 30 days
26 late in complying with all or part of the order for support,
27 the obligee or public office may prepare and serve an order
28 for withholding pursuant to the procedures set forth in this
29 subsection.
30 (2) The obligee or public office shall:
31 (a) prepare a proposed order for withholding for
32 immediate service as provided by paragraphs (1) and (3)
33 of subsection (B), except that the minimum 20%
34 delinquency payment shall be used;
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1 (b) prepare a notice of delinquency as provided by
2 paragraphs (1) and (2) of subsection (C), except the
3 notice shall state further that the order for withholding
4 has not been entered by the court and the conditions
5 under which the order will be entered; and
6 (c) serve the notice of delinquency and form
7 petition to stay service as provided by paragraph (3) of
8 subsection (C), together with the proposed order for
9 withholding, which shall be marked "COPY ONLY".
10 (3) After 20 days following service of the notice of
11 delinquency and proposed order for withholding, in lieu of
12 the provisions of subsection (E), the obligee or public
13 office shall file with the Clerk of the Circuit Court an
14 affidavit, with a copy of the notice of delinquency and
15 proposed order for withholding attached thereto, stating
16 that:
17 (a) the notice of delinquency and proposed order
18 for withholding have been served upon the obligor and the
19 date on which service was effected;
20 (b) the obligor has not filed a petition to stay
21 service within 20 days of service of such notice and
22 order; and
23 (c) the proposed order for withholding accurately
24 states the terms and amounts contained in the last order
25 for support.
26 (4) Upon the court's satisfaction that the procedures
27 set forth in this subsection have been met, it shall enter
28 the order for withholding.
29 (5) The Clerk shall then provide to the obligee or
30 public office a specially certified copy of the order for
31 withholding and the notice of delinquency indicating that the
32 preconditions for service have been met.
33 (6) The obligee or public office shall serve the
34 specially certified copies of the order for withholding and
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1 the notice of delinquency on the payor, its superintendent,
2 manager or other agent by certified mail or personal
3 delivery. A proof of service shall be filed with the Clerk
4 of the Circuit Court.
5 (7) If the obligor requests in writing that income
6 withholding become effective prior to becoming delinquent in
7 payment of an amount equal to one month's support obligation
8 pursuant to the last order for support, or prior to becoming
9 30 days late in paying all or part of the order for support,
10 the obligee or public office shall file an affidavit with the
11 Clerk of the circuit Court, with a proposed order for
12 withholding attached, stating that the proposed order
13 accurately states the terms and amounts contained in the last
14 order for support and the obligor's request for immediate
15 service. The provisions of paragraphs (4) through (6) of this
16 subsection shall apply, except that a notice of delinquency
17 shall not be required.
18 (8) All other provisions of this Section shall be
19 applicable with respect to the provisions of this subsection
20 (K), except that under paragraph (1) of subsection (H), the
21 court may also amend the proposed order for withholding to
22 conform to the last order for support.
23 (9) Nothing in this subsection shall be construed as
24 limiting the requirements of paragraph (1) of subsection (B)
25 with respect to the entry of a separate order for withholding
26 upon entry of any order for support.
27 (L) Remedies in Addition to Other Laws.
28 (1) The rights, remedies, duties and penalties created
29 by this Section are in addition to and not in substitution
30 for any other rights, remedies, duties and penalties created
31 by any other law.
32 (2) Nothing in this Section shall be construed as
33 invalidating any assignment of wages or benefits executed
34 prior to July 1, 1985.
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1 (Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
2 88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
3 (Text of Section after amendment by P.A. 89-507)
4 Sec. 20. Withholding of Income to Secure Payment of
5 Support.
6 (A) Definitions.
7 (1) "Order for support" means any order of the court
8 which provides for periodic payment of funds for the support
9 of a child, whether temporary or final, and includes any such
10 order which provides for:
11 (a) modification or resumption of, or payment of
12 arrearage accrued under, a previously existing order;
13 (b) reimbursement of support;
14 (c) payment or reimbursement of the expense of
15 pregnancy and delivery; or
16 (d) enrollment in a health insurance plan that is
17 available to the obligor through an employer or labor
18 union or trade union.
19 (2) "Arrearage" means the total amount of unpaid support
20 obligations as determined by the court and incorporated into
21 an order for support.
22 (3) "Delinquency" means any payment under an order for
23 support which becomes due and remains unpaid after entry of
24 the an order for support withholding has been entered under
25 subsection (B) or, for purposes of subsection (K), after the
26 last order for support was entered for which no order for
27 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,
32 pension, and retirement benefits, lottery prize awards,
33 insurance proceeds, vacation pay, bonuses, profit-sharing
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1 payments, interest, and any other payments, made by any
2 person, private entity, federal or state government, any unit
3 of local government, school district or any entity created by
4 Public Act; however, "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 Human Services, the Illinois
29 Department of Children and Family Services, and the various
30 State's Attorneys, Clerks of the Circuit Court and
31 supervisors of general assistance.
32 (9) "Premium" means the dollar amount for which the
33 obligor is liable to his employer or labor union or trade
34 union and which must be paid to enroll or maintain a child in
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1 a health insurance plan that is available to the obligor
2 through an employer or labor union or trade union.
3 (B) Entry of Order for Support Containing Income
4 Withholding Provisions; Income Withholding Notice.
5 (1) In addition to any content required under other
6 laws, every order for support entered on or after July 1,
7 1997, shall:
8 (a) Require an income withholding notice to be
9 prepared and served immediately upon any payor of the
10 obligor by the obligee or public office, unless a written
11 agreement is reached between and signed by both parties
12 providing for an alternative arrangement, approved and
13 entered into the record by the court, which ensures
14 payment of support. In that case, the order for support
15 shall provide that an income withholding notice is to be
16 prepared and served only if the obligor becomes
17 delinquent in paying the order for support; and
18 (b) Contain a dollar amount to be paid until
19 payment in full of any delinquency that accrues after
20 entry of the order for support. The amount for payment
21 of delinquency shall not be less than 20% of the total of
22 the current support amount and the amount to be paid
23 periodically for payment of any arrearage stated in the
24 order for support; and
25 (c) Include the obligor's Social Security Number,
26 which the obligor shall disclose to the court. If the
27 obligor is not a United States citizen, the obligor shall
28 disclose to the court, and the court shall include in the
29 order for support, the obligor's alien registration
30 number, passport number, and home country's social
31 security or national health number, if applicable.
32 (2) At the time the order for support is entered, the
33 Clerk of the Circuit Court shall provide a copy of the order
34 to the obligor and shall make copies available to the obligee
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1 and public office.
2 (3) The income withholding notice shall:
3 (a) Be in the standard format prescribed by the
4 federal Department of Health and Human Services; and
5 (b) Direct any payor to withhold the dollar amount
6 required for current support under the order for support;
7 and
8 (c) Direct any payor to withhold the dollar amount
9 required to be paid periodically under the order for
10 support for payment of the amount of any arrearage stated
11 in the order for support; and
12 (d) Direct any payor or labor union or trade union
13 to enroll a child as a beneficiary of a health insurance
14 plan and withhold or cause to be withheld, if applicable,
15 any required premiums; and
16 (e) State the amount of the payor income
17 withholding fee specified under this Section; and
18 (f) State that the amount actually withheld from
19 the obligor's income for support and other purposes,
20 including the payor withholding fee specified under this
21 Section, may not be in excess of the maximum amount
22 permitted under the federal Consumer Credit Protection
23 Act; and
24 (g) State the duties of the payor and the fines and
25 penalties for failure to withhold and pay over income and
26 for discharging, disciplining, refusing to hire, or
27 otherwise penalizing the obligor because of the duty to
28 withhold and pay over income under this Section; and
29 (h) State the rights, remedies, and duties of the
30 obligor under this Section; and
31 (i) Include the obligor's Social Security Number;
32 and
33 (j) Include the date that withholding for current
34 support terminates, which shall be the date of
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1 termination of the current support obligation set forth
2 in the order for support.
3 (4) The accrual of a delinquency as a condition for
4 service of an income withholding notice, under the exception
5 to immediate withholding in paragraph (1) of this subsection,
6 shall apply only to the initial service of an income
7 withholding notice on a payor of the obligor.
8 (5) Notwithstanding the exception to immediate
9 withholding contained in paragraph (1) of this subsection, if
10 the court finds at the time of any hearing that an arrearage
11 has accrued, the court shall order immediate service of an
12 income withholding notice upon the payor.
13 (6) If the order for support, under the exception to
14 immediate withholding contained in paragraph (1) of this
15 subsection, provides that an income withholding notice is to
16 be prepared and served only if the obligor becomes delinquent
17 in paying the order for support, the obligor may execute a
18 written waiver of that condition and request immediate
19 service on the payor.
20 (7) The obligee or public office may serve the income
21 withholding notice on the payor or its superintendent,
22 manager, or other agent by ordinary mail or certified mail
23 return receipt requested, by facsimile transmission or other
24 electronic means, by personal delivery, or by any method
25 provided by law for service of a summons. At the time of
26 service on the payor and as notice that withholding has
27 commenced, the obligee or public office shall serve a copy of
28 the income withholding notice on the obligor by ordinary mail
29 addressed to his or her last known address. Proofs of
30 service on the payor and the obligor shall be filed with the
31 Clerk of the Circuit Court.
32 (8) At any time after the initial service of an income
33 withholding notice under this Section, any other payor of the
34 obligor may be served with the same income withholding notice
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1 without further notice to the obligor.
2 (C) Income Withholding After Accrual of Delinquency.
3 (1) Whenever an obligor accrues a delinquency, the
4 obligee or public office may prepare and serve upon the
5 obligor's payor an income withholding notice that:
6 (a) Contains the information required under
7 paragraph (3) of subsection (B); and
8 (b) Contains a computation of the period and total
9 amount of the delinquency as of the date of the notice;
10 and
11 (c) Directs the payor to withhold the dollar amount
12 required to be withheld periodically under the order for
13 support for payment of the delinquency.
14 (2) The income withholding notice and the obligor's copy
15 of the income withholding notice shall be served as provided
16 in paragraph (7) of subsection (B).
17 (3) The obligor may contest withholding commenced under
18 this subsection by filing a petition to contest withholding
19 with the Clerk of the Circuit Court within 20 days after
20 service of a copy of the income withholding notice on the
21 obligor. However, the grounds for the petition to contest
22 withholding shall be limited to:
23 (a) A dispute concerning the existence or amount of
24 the delinquency; or
25 (b) The identity of the obligor.
26 The Clerk of the Circuit Court shall notify the obligor
27 and the obligee or public office of the time and place of the
28 hearing on the petition to contest withholding. The court
29 shall hold the hearing pursuant to the provisions of
30 subsection (F).
31 (D) Initiated Withholding.
32 (1) Notwithstanding any other provision of this Section,
33 if the court has not required that income withholding take
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1 effect immediately, the obligee or public office may initiate
2 withholding, regardless of whether a delinquency has accrued,
3 by preparing and serving an income withholding notice on the
4 payor that contains the information required under paragraph
5 (3) of subsection (B) and states that the parties' written
6 agreement providing an alternative arrangement to immediate
7 withholding under paragraph (1) of subsection (B) no longer
8 ensures payment of support and the reason or reasons why it
9 does not.
10 (2) The income withholding notice and the obligor's copy
11 of the income withholding notice shall be served as provided
12 in paragraph (7) of subsection (B).
13 (3) The obligor may contest withholding commenced under
14 this subsection by filing a petition to contest withholding
15 with the Clerk of the Circuit Court within 20 days after
16 service of a copy of the income withholding notice on the
17 obligor. However, the grounds for the petition shall be
18 limited to a dispute concerning:
19 (a) whether the parties' written agreement providing
20 an alternative arrangement to immediate withholding under
21 paragraph (1) of subsection (B) continues to ensure
22 payment of support; or
23 (b) the identity of the obligor.
24 It shall not be grounds for filing a petition that the
25 obligor has made all payments due by the date of the
26 petition.
27 (4) If the obligor files a petition contesting
28 withholding within the 20-day period required under paragraph
29 (3), 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. The court shall
32 hold the hearing pursuant to the provisions of subsection
33 (F).
34 (B) Entry of an Order for Withholding.
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1 (1) Upon entry of any order for support on or after July
2 1, 1985, the court shall enter a separate order for
3 withholding which shall not take effect unless the obligor
4 becomes delinquent in paying the order for support or the
5 obligor requests an earlier effective date; except that the
6 court may require the order for withholding to take effect
7 immediately.
8 On or after January 1, 1989, the court shall require the
9 order for withholding to take effect immediately, unless a
10 written agreement is reached between and signed by both
11 parties providing for an alternative arrangement, approved
12 and entered into the record by the court, which insures
13 payment of support. In that case, the court shall enter the
14 order for withholding which will not take effect unless the
15 obligor becomes delinquent in paying the order for support.
16 Upon entry of any order of support on or after September
17 11, 1989, if the obligor is not a United States citizen, the
18 obligor shall provide to the court the obligor's alien
19 registration number, passport number, and home country's
20 social security or national health number, if applicable; the
21 court shall make the information part of the record in the
22 case.
23 (2) An order for withholding shall be entered upon
24 petition by the obligee or public office where an order for
25 withholding has not been previously entered.
26 (3) The order for withholding shall:
27 (a) direct any payor to withhold a dollar amount
28 equal to the order for support; and
29 (b) direct any payor to withhold an additional
30 dollar amount, not less than 20% of the order for
31 support, until payment in full of any delinquency stated
32 in the notice of delinquency provided for in subsection
33 (C) or (F) of this Section; and
34 (c) direct any payor or labor union or trade union
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1 to enroll a child as a beneficiary of a health insurance
2 plan and withhold or cause to be withheld, if applicable,
3 any required premiums; and
4 (d) state the rights, remedies and duties of the
5 obligor under this Section; and
6 (e) include the obligor's Social Security Number,
7 which the obligor shall disclose to the court; and
8 (f) include the date that withholding for current
9 support terminates, which shall be the date of
10 termination of the current support obligation set forth
11 in the order for support.
12 (4) At the time the order for withholding is entered,
13 the Clerk of the Circuit Court shall provide a copy of the
14 order for withholding and the order for support to the
15 obligor and shall make copies available to the obligee and
16 public office. Any copy of the order for withholding
17 furnished to the parties under this subsection shall be
18 stamped "Not Valid".
19 (5) The order for withholding shall remain in effect for
20 as long as the order for support upon which it is based.
21 (6) The failure of an order for withholding to state an
22 arrearage is not conclusive of the issue of whether an
23 arrearage is owing.
24 (7) Notwithstanding the provisions of this subsection,
25 if the court finds at the time of any hearing that arrearage
26 has accrued in an amount equal to at least one month's
27 support obligation or that the obligor is 30 days late in
28 paying all or part of the order for support, the court shall
29 order immediate service of the order for withholding upon the
30 payor.
31 (8) Where the court has not required that the order for
32 withholding take effect immediately, the obligee or public
33 office may prepare and serve a notice for immediate
34 withholding upon the obligor by ordinary mail addressed to
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1 the obligor at his or her last known address. The notice
2 shall state that the following circumstances have occurred:
3 (a) The parties' written agreement providing an
4 alternative arrangement to immediate withholding under
5 paragraph (1) of this subsection no longer provides for
6 timely payment of all support due; or
7 (b) The obligor has not made timely payments in
8 that the obligor has been at least 7 days late in paying
9 all or part of the order for support any of the last 6
10 consecutive dates payments were due prior to the date of
11 the notice for immediate withholding.
12 The notice for immediate withholding shall clearly state
13 that a specially certified copy of the order for withholding
14 will be sent to the payor, unless the obligor files a
15 petition contesting immediate withholding within 20 days
16 after service of the notice; however, the grounds for the
17 petition shall be limited to a dispute concerning whether the
18 circumstances stated in the notice have occurred or the
19 identity of the obligor. It shall not be grounds for the
20 petition that the obligor has made all payments due by the
21 date of the petition.
22 If the obligor files a petition contesting immediate
23 withholding within the 20-day period required under this
24 paragraph, the Clerk of the Circuit Court shall notify the
25 obligor and the obligee or public office, as appropriate, of
26 the time and place of the hearing on the petition. Upon
27 hearing the petition, the court shall enter an order granting
28 or denying relief. It shall not be grounds for granting the
29 obligor's petition that he or she has made all payments due
30 by the date of hearing. If the court denies the obligor's
31 petition, it shall order immediate service of the order for
32 withholding and direct the clerk to provide a specially
33 certified copy of the order for withholding to the obligee or
34 public office indicating that the requirements for immediate
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1 withholding under this paragraph have been met.
2 If the obligor does not file a petition contesting
3 immediate withholding within the 20-day period, the obligee
4 or public office shall file with the Clerk of the Circuit
5 Court an affidavit, with a copy of the notice for immediate
6 withholding attached thereto, stating that the notice was
7 duly served and the date on which service was effected, and
8 that the obligor has not filed a petition contesting
9 immediate withholding. The clerk shall then provide to the
10 obligee or public office a specially certified copy of the
11 order for withholding indicating that the requirements for
12 immediate withholding under this paragraph have been met.
13 Upon receipt of a specially certified copy of the order
14 for withholding, the obligee or public office may serve the
15 order on the payor, its superintendent, manager or other
16 agent, by certified mail or personal delivery. A proof of
17 service shall be filed with the Clerk of the Circuit Court.
18 (C) Notice of Delinquency.
19 (1) Whenever an obligor becomes delinquent in payment of
20 an amount equal to at least one month's support obligation
21 pursuant to the order for support or is at least 30 days late
22 in complying with all or part of the order for support,
23 whichever occurs first, the obligee or public office may
24 prepare and serve a verified notice of delinquency, together
25 with a form petition to stay service, pursuant to paragraph
26 (3) of this subsection.
27 (2) The notice of delinquency shall recite the terms of
28 the order for support and contain a computation of the period
29 and total amount of the delinquency, as of the date of the
30 notice. The notice shall clearly state that it will be sent
31 to the payor, together with a specially certified copy of the
32 order for withholding, except as provided in subsection (F),
33 unless the obligor files a petition to stay service in
34 accordance with paragraph (1) of subsection (D).
-357- LRB9002989SMdvam04
1 (3) The notice of delinquency shall be served by
2 ordinary mail addressed to the obligor at his or her last
3 known address.
4 (4) The obligor may execute a written waiver of the
5 provisions of paragraphs (1) through (3) of this subsection
6 and request immediate service upon the payor.
7 (D) Procedures to Avoid Income Withholding.
8 (1) Except as provided in subsection (F), the obligor
9 may prevent an order for withholding from being served by
10 filing a petition to stay service with the Clerk of the
11 Circuit Court, within 20 days after service of the notice of
12 delinquency; however, the grounds for the petition to stay
13 service shall be limited to a dispute concerning: (a) the
14 amount of current support or the existence or amount of the
15 delinquency; or (b) the identity of the obligor.
16 The Clerk of the Circuit Court shall notify the obligor
17 and the obligee or public office, as appropriate, of the time
18 and place of the hearing on the petition to stay service. The
19 court shall hold such hearing pursuant to the provisions of
20 subsection (H).
21 (2) Except as provided in subsection (F), filing of a
22 petition to stay service, within the 20-day period required
23 under this subsection, shall prohibit the obligee or public
24 office from serving the order for withholding on any payor of
25 the obligor.
26 (E) Initial Service of Order for Withholding.
27 (1) Except as provided in subsection (F), in order to
28 serve an order for withholding upon a payor, an obligee or
29 public office shall follow the procedures set forth in this
30 subsection. After 20 days following service of the notice of
31 delinquency, the obligee or public office shall file with the
32 Clerk of the Circuit Court an affidavit, with the copy of the
33 notice of delinquency attached thereto, stating:
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1 (a) that the notice of delinquency has been duly
2 served and the date on which service was effected; and
3 (b) that the obligor has not filed a petition to
4 stay service, or in the alternative
5 (c) that the obligor has waived the provisions of
6 subparagraphs (a) and (b) of this paragraph (1) in
7 accordance with subsection (C)(4).
8 (2) Upon request of the obligee or public office, the
9 Clerk of the Circuit Court shall: (a) make available any
10 record of payment; and (b) determine that the file contains a
11 copy of the affidavit described in paragraph (1). The Clerk
12 shall then provide to the obligee or public office a
13 specially certified copy of the order for withholding and the
14 notice of delinquency indicating that the preconditions for
15 service have been met.
16 (3) The obligee or public office may then serve the
17 notice of delinquency and order for withholding on the payor,
18 its superintendent, manager or other agent, by certified mail
19 or personal delivery. A proof of service shall be filed with
20 the Clerk of the Circuit Court.
21 (F) Subsequent Service of Order for Withholding.
22 (1) Notwithstanding the provisions of this Section, at
23 any time after the court has ordered immediate service of an
24 order for withholding or after initial service of an order
25 for withholding pursuant to subsection (E), the obligee or
26 public office may serve the order for withholding upon any
27 payor of the obligor without further notice to the obligor.
28 The obligee or public office shall provide notice to the
29 payor, pursuant to paragraph (6) of subsection (I), of any
30 payments that have been made through previous withholding or
31 any other method.
32 (2) The Clerk of the Circuit Court shall, upon request,
33 provide the obligee or public office with specially certified
34 copies of the order for withholding or the notice of
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1 delinquency or both whenever the Court has ordered immediate
2 service of an order for withholding or an affidavit has been
3 placed in the court file indicating that the preconditions
4 for service have been previously met. The obligee or public
5 office may then serve the order for withholding on the payor,
6 its superintendent, manager or other agent by certified mail
7 or personal delivery. A proof of service shall be filed with
8 the Clerk of the Circuit Court.
9 (3) If a delinquency has accrued for any reason, the
10 obligee or public office may serve a notice of delinquency
11 upon the obligor pursuant to subsection (C). The obligor may
12 prevent the notice of delinquency from being served upon the
13 payor by utilizing the procedures set forth in subsection
14 (D). If no petition to stay service has been filed within the
15 required 20 day time period, the obligee or public office may
16 serve the notice of delinquency on the payor by utilizing the
17 procedures for service set forth in subsection (E).
18 (E) (G) Duties of Payor.
19 (1) It shall be the duty of any payor who has been
20 served with an income withholding a copy of the specially
21 certified order for withholding and any notice of delinquency
22 to deduct and pay over income as provided in this subsection.
23 The payor shall deduct the amount designated in the income
24 order for withholding notice, as supplemented by the notice
25 of delinquency and any notice provided pursuant to paragraph
26 (6) of subsection (G) (I), beginning no later than the next
27 payment of income which is payable or creditable to the
28 obligor that occurs 14 days following the date the income
29 withholding order and any notice was were mailed, sent by
30 facsimile or other electronic means, by certified mail or
31 placed for personal delivery to or service on the payor. The
32 payor may combine all amounts withheld for the benefit of an
33 obligee or public office into a single payment and transmit
34 the payment with a listing of obligors from whom withholding
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1 has been effected. The payor shall pay the amount withheld to
2 the obligee or public office within 7 business days after the
3 date the amount would (but for the duty to withhold income)
4 have been paid or credited to the obligor 10 calendar days of
5 the date income is paid to the obligor in accordance with the
6 order for withholding and any subsequent notification
7 received from the public office redirecting payments. If the
8 payor knowingly fails to pay any amount withheld to the
9 obligee or public office within 7 business days after the
10 date the amount would have been 10 calendar days of the date
11 income is paid or credited to the obligor, the payor shall
12 pay a penalty of $100 for each day that the withheld amount
13 is not paid to the obligee or public office after the period
14 of 7 business 10 calendar days has expired. The failure of a
15 payor, on more than one occasion, to pay amounts withheld to
16 the obligee or public office within 7 business days after the
17 date the amount would have been 10 calendar days of the date
18 income is paid or credited to the obligor creates a
19 presumption that the payor knowingly failed to pay over the
20 amounts. This penalty may be collected in a civil action
21 which may be brought against the payor in favor of the
22 obligee or public office. For purposes of this Section, a
23 withheld amount shall be considered paid by a payor on the
24 date it is mailed by the payor, or on the date an electronic
25 funds transfer of the amount has been initiated by the payor,
26 or on the date delivery of the amount has been initiated by
27 the payor. For each deduction, the payor shall provide the
28 obligee or public office, at the time of transmittal, with
29 the date the amount would (but for the duty to withhold
30 income) have been paid or credited to the obligor income was
31 paid from which support was withheld.
32 Upon receipt of an income withholding notice order
33 requiring that a minor child be named as a beneficiary of a
34 health insurance plan available through an employer or labor
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1 union or trade union, the employer or labor union or trade
2 union shall immediately enroll the minor child as a
3 beneficiary in the health insurance plan designated by the
4 income withholding notice court order. The employer shall
5 withhold any required premiums and pay over any amounts so
6 withheld and any additional amounts the employer pays to the
7 insurance carrier in a timely manner. The employer or labor
8 union or trade union shall mail to the obligee, within 15
9 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 income
23 order for withholding notice to the obligee or public office
24 and shall provide information for the purpose of enforcing
25 this 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 income order for withholding notice
33 pertaining to the same obligor, the payor shall allocate
34 income available for withholding on a proportionate share
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1 basis, giving priority to current support payments. If there
2 is any income available for withholding after withholding for
3 all current support obligations, the payor shall allocate the
4 income to past due support payments ordered in cases in which
5 cash assistance under the Illinois Public Aid Code is not
6 being provided to the obligee non-AFDC matters and then to
7 past due support payments ordered in cases in which cash
8 assistance under the Illinois Public Aid Code is being
9 provided to the obligee AFDC matters, both on a proportionate
10 share basis. A payor who complies with an income withholding
11 notice that is regular on its face shall not be subject to
12 civil liability with respect to any individual, any agency,
13 or any creditor of the obligor for conduct in compliance with
14 the notice. Payment as required by the order for withholding
15 shall be a complete defense by the payor against any claims
16 of the obligor or his creditors as to the sum so paid.
17 (4) No payor shall discharge, discipline, refuse to hire
18 or otherwise penalize any obligor because of the duty to
19 withhold income.
20 (F) (H) Petitions to Contest Withholding Stay Service or to
21 Modify, Suspend, or Terminate, or Correct Income Orders for
22 Withholding Notices.
23 (1) When an obligor files a petition to contest
24 withholding stay service, the court, after due notice to all
25 parties, shall hear the matter as soon as practicable and
26 shall enter an order granting or denying relief, ordering
27 service of an amended income withholding notice amending the
28 notice of delinquency, amending the order for withholding,
29 where applicable, or otherwise resolving the matter.
30 The court shall deny the obligor's petition if the court
31 finds that when the income withholding notice was mailed,
32 sent by facsimile transmission or other electronic means, or
33 placed for personal delivery to or service on the payor:
34 (a) A delinquency existed; or
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1 (b) The parties' written agreement providing an
2 alternative arrangement to immediate withholding under
3 paragraph (1) of subsection (B) no longer ensured payment
4 of support. If the court finds that a delinquency existed
5 when the notice of delinquency was served upon the
6 obligor, in an amount of at least one month's support
7 obligation, or that the obligor was at least 30 days late
8 in paying all or part of the order for support, the court
9 shall order immediate service of the order for
10 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
13 to any undisputed amounts specified in an amended notice
14 of delinquency, and may continue the hearing on the
15 disputed 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 income order
19 for withholding notice because of a modification,
20 suspension or termination of the underlying order for
21 support; or
22 (b) modify the amount of income to be withheld to
23 reflect payment in full or in part of the delinquency or
24 arrearage by income withholding or otherwise; or
25 (c) suspend the income order for withholding notice
26 because of inability to deliver income withheld to the
27 obligee due to the obligee's failure to provide a mailing
28 address or other means of delivery.
29 (3) At any time an obligor may petition the court to
30 correct a term contained in an income withholding notice to
31 conform to that stated in the underlying order for support
32 for:
33 (a) The amount of current support;
34 (b) The amount of the arrearage;
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1 (c) The periodic amount for payment of the
2 arrearage; or
3 (d) The periodic amount for payment of the
4 delinquency.
5 (4) (3) The obligor, obligee or public office shall
6 serve on the payor, in the manner provided for service of
7 income withholding notices in paragraph (7) of subsection (B)
8 by certified mail or personal delivery, a copy of any order
9 entered pursuant to this subsection that affects the duties
10 of the payor.
11 (5) (4) At any time, a public office or Clerk of the
12 Circuit 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 (6) (5) The notice provided for under paragraph (5) (4)
21 of this subsection shall be served on the payor in the manner
22 provided for service of income withholding notices in
23 paragraph (7) of subsection (B) by ordinary mail, and a copy
24 shall be provided to the obligor and the obligee. A copy of
25 the notice shall be filed with the Clerk of the Circuit
26 Court.
27 (7) (6) The income order for withholding notice shall
28 continue to be binding upon the payor until service of an
29 amended income withholding notice or any order of the court
30 or notice entered or provided for under this subsection.
31 (G) (I) Additional Duties.
32 (1) An obligee who is receiving income withholding
33 payments under this Section shall notify the payor, if the
34 obligee receives the payments directly from the payor, or the
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1 public office or the Clerk of the Circuit Court, as
2 appropriate, of any change of address within 7 days of such
3 change.
4 (2) An obligee who is a recipient of public aid shall
5 send a copy of any income withholding notice served by the
6 obligee of delinquency filed pursuant to subsection (C) to
7 the Division Bureau of Child Support Enforcement of the
8 Illinois Department of Public Aid.
9 (3) Each obligor shall notify the obligee, the public
10 office, and the Clerk of the Circuit Court of any change of
11 address within 7 days.
12 (4) An obligor whose income is being withheld or who has
13 been served with a notice of delinquency pursuant to this
14 Section shall notify the obligee, the public office, and the
15 Clerk of the Circuit Court of any new payor, within 7 days.
16 (5) When the Illinois Department of Public Aid is no
17 longer authorized to receive payments for the obligee, it
18 shall, within 7 days, notify the payor or, where appropriate,
19 the Clerk of the Circuit Court, to redirect income
20 withholding payments to the obligee.
21 (6) The obligee or public office shall provide notice to
22 the payor and Clerk of the Circuit Court of any other support
23 payment made, including but not limited to, a set-off under
24 federal and State law or partial payment of the delinquency
25 or arrearage, or both.
26 (7) Any public office and Clerk of the Circuit Court
27 which collects, disburses or receives payments pursuant to
28 income orders for withholding notices shall maintain
29 complete, accurate, and clear records of all payments and
30 their disbursements. Certified copies of payment records
31 maintained by a public office or Clerk of the Circuit Court
32 shall, without further proof, be admitted into evidence in
33 any legal proceedings under this Section.
34 (8) The Illinois Department of Public Aid shall design
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1 suggested legal forms for proceeding under this Section and
2 shall make available to the courts such forms and
3 informational materials which describe the procedures and
4 remedies set forth herein for distribution to all parties in
5 support actions.
6 (9) At the time of transmitting each support payment,
7 the clerk of the circuit court shall provide the obligee or
8 public office, as appropriate, with any information furnished
9 by the payor as to the date the amount would (but for the
10 duty to withhold income) have been paid or credited to the
11 obligor income was paid from which such support was withheld.
12 (H) (J) Penalties.
13 (1) Where a payor wilfully fails to withhold or pay over
14 income pursuant to a properly served income withholding
15 notice, specially certified order for withholding and any
16 notice of delinquency, or wilfully discharges, disciplines,
17 refuses to hire or otherwise penalizes an obligor as
18 prohibited by subsection (E) (G), or otherwise fails to
19 comply with any duties imposed by this Section, the obligee,
20 public office or obligor, as appropriate, may file a
21 complaint with the court against the payor. The clerk of the
22 circuit court shall notify the obligee or public office, as
23 appropriate, and the obligor and payor of the time and place
24 of the hearing on the complaint. The court shall resolve any
25 factual dispute including, but not limited to, a denial that
26 the payor is paying or has paid income to the obligor. Upon
27 a finding in favor of the complaining party, the court:
28 (a) shall enter judgment and order the enforcement
29 thereof for the total amount that the payor wilfully
30 failed to withhold or pay over; and
31 (b) may order employment or reinstatement of or
32 restitution to the obligor, or both, where the obligor
33 has been discharged, disciplined, denied employment or
34 otherwise penalized by the payor and may impose a fine
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1 upon the payor not to exceed $200.
2 (2) Any obligee, public office or obligor who wilfully
3 initiates a false proceeding under this Section or who
4 wilfully fails to comply with the requirements of this
5 Section shall be punished as in cases of contempt of court.
6 (I) Alternative Procedures for Service of an Income
7 Withholding Notice.
8 (1) The procedures of this subsection may be used in any
9 matter to serve an income withholding notice on a payor if:
10 (a) For any reason the most recent order for
11 support entered does not contain the income withholding
12 provisions required under subsection (B), irrespective of
13 whether a separate order for withholding was entered
14 prior to July 1, 1997; and
15 (b) The obligor has accrued a delinquency after
16 entry of the most recent order for support.
17 (2) The obligee or public office shall prepare and serve
18 the income withholding notice in accordance with the
19 provisions of subsection (C), except that the notice shall
20 contain a periodic amount for payment of the delinquency
21 equal to 20% of the total of the current support amount and
22 the amount to be paid periodically for payment of any
23 arrearage stated in the most recent order for support.
24 (3) If the obligor requests in writing that income
25 withholding become effective prior to the obligor accruing a
26 delinquency under the most recent order for support, the
27 obligee or public office may prepare and serve an income
28 withholding notice on the payor as provided in subsection
29 (B). In addition to filing proofs of service of the income
30 withholding notice on the payor and the obligor, the obligee
31 or public office shall file a copy of the obligor's written
32 request for income withholding with the Clerk of the Circuit
33 Court.
34 (4) All other provisions of this Section shall be
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1 applicable with respect to the provisions of this subsection
2 (I).
3 (K) Alternative Procedures for Entry and Service of an Order
4 for Withholding.
5 (1) Effective January 1, 1987, in any matter in which an
6 order for withholding has not been entered for any reason,
7 based upon the last order for support that has been entered,
8 and in which the obligor has become delinquent in payment of
9 an amount equal to at least one month's support obligation
10 pursuant to the last order for support or is at least 30 days
11 late in complying with all or part of the order for support,
12 the obligee or public office may prepare and serve an order
13 for withholding pursuant to the procedures set forth in this
14 subsection.
15 (2) The obligee or public office shall:
16 (a) prepare a proposed order for withholding for
17 immediate service as provided by paragraphs (1) and (3)
18 of subsection (B), except that the minimum 20%
19 delinquency payment shall be used;
20 (b) prepare a notice of delinquency as provided by
21 paragraphs (1) and (2) of subsection (C), except the
22 notice shall state further that the order for withholding
23 has not been entered by the court and the conditions
24 under which the order will be entered; and
25 (c) serve the notice of delinquency and form
26 petition to stay service as provided by paragraph (3) of
27 subsection (C), together with the proposed order for
28 withholding, which shall be marked "COPY ONLY".
29 (3) After 20 days following service of the notice of
30 delinquency and proposed order for withholding, in lieu of
31 the provisions of subsection (E), the obligee or public
32 office shall file with the Clerk of the Circuit Court an
33 affidavit, with a copy of the notice of delinquency and
34 proposed order for withholding attached thereto, stating
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1 that:
2 (a) the notice of delinquency and proposed order
3 for withholding have been served upon the obligor and the
4 date on which service was effected;
5 (b) the obligor has not filed a petition to stay
6 service within 20 days of service of such notice and
7 order; and
8 (c) the proposed order for withholding accurately
9 states the terms and amounts contained in the last order
10 for support.
11 (4) Upon the court's satisfaction that the procedures
12 set forth in this subsection have been met, it shall enter
13 the order for withholding.
14 (5) The Clerk shall then provide to the obligee or
15 public office a specially certified copy of the order for
16 withholding and the notice of delinquency indicating that the
17 preconditions for service have been met.
18 (6) The obligee or public office shall serve the
19 specially certified copies of the order for withholding and
20 the notice of delinquency on the payor, its superintendent,
21 manager or other agent by certified mail or personal
22 delivery. A proof of service shall be filed with the Clerk
23 of the Circuit Court.
24 (7) If the obligor requests in writing that income
25 withholding become effective prior to becoming delinquent in
26 payment of an amount equal to one month's support obligation
27 pursuant to the last order for support, or prior to becoming
28 30 days late in paying all or part of the order for support,
29 the obligee or public office shall file an affidavit with the
30 Clerk of the circuit Court, with a proposed order for
31 withholding attached, stating that the proposed order
32 accurately states the terms and amounts contained in the last
33 order for support and the obligor's request for immediate
34 service. The provisions of paragraphs (4) through (6) of this
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1 subsection shall apply, except that a notice of delinquency
2 shall not be required.
3 (8) All other provisions of this Section shall be
4 applicable with respect to the provisions of this subsection
5 (K), except that under paragraph (1) of subsection (H), the
6 court may also amend the proposed order for withholding to
7 conform to the last order for support.
8 (9) Nothing in this subsection shall be construed as
9 limiting the requirements of paragraph (1) of subsection (B)
10 with respect to the entry of a separate order for withholding
11 upon entry of any order for support.
12 (J) (L) Remedies in Addition to Other Laws.
13 (1) The rights, remedies, duties and penalties created
14 by this Section are in addition to and not in substitution
15 for any other rights, remedies, duties and penalties created
16 by any other law.
17 (2) Nothing in this Section shall be construed as
18 invalidating any assignment of wages or benefits executed
19 prior to July 1, 1985 or any order for withholding served
20 prior to July 1, 1997.
21 (Source: P.A. 88-26; 88-45; 88-94; 88-131; 88-307; 88-670,
22 eff. 12-2-94; 89-507, eff. 7-1-97.)
23 (750 ILCS 45/21) (from Ch. 40, par. 2521)
24 Sec. 21. Support payments; receiving and disbursing
25 agents.
26 (1) In an action filed in counties of less than 3
27 million population in which an order for child support is
28 entered, and in supplementary proceedings in such counties to
29 enforce or vary the terms of such order arising out of an
30 action filed in such counties, the court, except in actions
31 or supplementary proceedings in which the pregnancy and
32 delivery expenses of the mother or the child support payments
33 are for a recipient of aid under the Illinois Public Aid
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1 Code, shall direct that child support payments be made to the
2 clerk of the court unless in the discretion of the court
3 exceptional circumstances warrant otherwise. In cases where
4 payment is to be made to persons other than the clerk of the
5 court the judgment or order of support shall set forth the
6 facts of the exceptional circumstances.
7 (2) In an action filed in counties of 3 million or more
8 population in which an order for child support is entered,
9 and in supplementary proceedings in such counties to enforce
10 or vary the terms of such order arising out of an action
11 filed date in such counties, the court, except in actions or
12 supplementary proceedings in which the pregnancy and delivery
13 expenses of the mother or the child support payments are for
14 a recipient of aid under the Illinois Public Aid Code, shall
15 direct that child support payments be made either to the
16 clerk of the court or to the Court Service Division of the
17 County Department of Public Aid, or to the clerk of the court
18 or to the Illinois Department of Public Aid, unless in the
19 discretion of the court exceptional circumstances warrant
20 otherwise. In cases where payment is to be made to persons
21 other than the clerk of the court, the Court Service Division
22 of the County Department of Public Aid, or the Illinois
23 Department of Public Aid, the judgment or order of support
24 shall set forth the facts of the exceptional circumstances.
25 (3) Where the action or supplementary proceeding is in
26 behalf of a mother for pregnancy and delivery expenses or for
27 child support, or both, and the mother, child, or both, are
28 recipients of aid under the Illinois Public Aid Code, the
29 court shall order that the payments be made directly to (a)
30 the Illinois Department of Public Aid if the mother or child,
31 or both, are recipients under Articles IV or V of the Code,
32 or (b) the local governmental unit responsible for the
33 support of the mother or child, or both, if they are
34 recipients under Articles VI or VII of the Code. In
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1 accordance with federal law and regulations, the Illinois
2 Department of Public Aid may continue to collect current
3 maintenance payments or child support payments, or both,
4 after those persons cease to receive public assistance and
5 until termination of services under Article X of the Illinois
6 Public Aid Code. The Illinois Department of Public Aid shall
7 pay the net amount collected to those persons after deducting
8 any costs incurred in making the collection or any collection
9 fee from the amount of any recovery made. The Illinois
10 Department of Public Aid or the local governmental unit, as
11 the case may be, may direct that payments be made directly to
12 the mother of the child, or to some other person or agency in
13 the child's behalf, upon the removal of the mother and child
14 from the public aid rolls or upon termination of services
15 under Article X of the Illinois Public Aid Code; and upon
16 such direction, the Illinois Department or the local
17 governmental unit, as the case requires, shall give notice of
18 such action to the court in writing or by electronic
19 transmission.
20 (4) All clerks of the court and the Court Service
21 Division of a County Department of Public Aid and the
22 Illinois Department of Public Aid, receiving child support
23 payments under paragraphs (1) or (2) shall disburse the same
24 to the person or persons entitled thereto under the terms of
25 the order. They shall establish and maintain clear and
26 current records of all moneys received and disbursed and of
27 defaults and delinquencies in required payments. The court,
28 by order or rule, shall make provision for the carrying out
29 of these duties.
30 In cases in which a party is receiving child and spouse
31 support services under Article X of the Illinois Public Aid
32 Code and the order for support provides that child support
33 payments be made to the obligee, the Illinois Department of
34 Public Aid may provide notice to the obligor and the
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1 obligor's payor, when income withholding is in effect under
2 Section 20 of this Act, to make all payments after receipt of
3 the Department's notice to the clerk of the court until
4 further notice by the Department or order of the court.
5 Copies of the notice shall be provided to the obligee and the
6 clerk. The clerk's copy shall contain a proof of service on
7 the obligor and the obligor's payor, where applicable. The
8 clerk shall file the clerk's copy of the notice in the court
9 file. The notice to the obligor and the payor, if applicable,
10 may be sent by ordinary mail, certified mail, return receipt
11 requested, facsimile transmission, or other electronic
12 process, or may be served upon the obligor or payor using any
13 method provided by law for service of a summons. An obligor
14 who fails to comply with a notice provided under this
15 paragraph is guilty of a Class B misdemeanor. A payor who
16 fails to comply with a notice provided under this paragraph
17 is guilty of a business offense and subject to a fine of up
18 to $1,000.
19 Upon notification in writing or by electronic
20 transmission from the Illinois Department of Public Aid to
21 the clerk of the court that a person who is receiving support
22 payments under this Section is receiving services under the
23 Child Support Enforcement Program established by Title IV-D
24 of the Social Security Act, any support payments subsequently
25 received by the clerk of the court shall be transmitted in
26 accordance with the instructions of the Illinois Department
27 of Public Aid until the Department gives notice to cease the
28 transmittal. After providing the notification authorized
29 under this paragraph, the Illinois Department of Public Aid
30 shall be entitled as a party to notice of any further
31 proceedings in the case. The clerk of the court shall file a
32 copy of the Illinois Department of Public Aid's notification
33 in the court file. The failure of the clerk to file a copy
34 of the notification in the court file shall not, however,
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1 affect the Illinois Department of Public Aid's right to
2 receive notice of further proceedings.
3 Payments under this Section to the Illinois Department of
4 Public Aid pursuant to the Child Support Enforcement Program
5 established by Title IV-D of the Social Security Act shall be
6 paid into the Child Support Enforcement Trust Fund. All
7 other payments under this Section to the Illinois Department
8 of Public Aid shall be deposited in the Public Assistance
9 Recoveries Trust Fund. Disbursement from these funds shall
10 be as provided in the Illinois Public Aid Code. Payments
11 received by a local governmental unit shall be deposited in
12 that unit's General Assistance Fund.
13 (5) The moneys received by persons or agencies
14 designated by the court shall be disbursed by them in
15 accordance with the order. However, the court, on petition
16 of the state's attorney, may enter new orders designating the
17 clerk of the court or the Illinois Department of Public Aid,
18 as the person or agency authorized to receive and disburse
19 child support payments and, in the case of recipients of
20 public aid, the court, on petition of the Attorney General or
21 State's Attorney, shall direct subsequent payments to be paid
22 to the Illinois Department of Public Aid or to the
23 appropriate local governmental unit, as provided in paragraph
24 (3). Payments of child support by principals or sureties on
25 bonds, or proceeds of any sale for the enforcement of a
26 judgment shall be made to the clerk of the court, the
27 Illinois Department of Public Aid or the appropriate local
28 governmental unit, as the respective provisions of this
29 Section require.
30 (6) For those cases in which child support is payable to
31 the clerk of the circuit court for transmittal to the
32 Illinois Department of Public Aid by order of court or upon
33 notification by the Illinois Department of Public Aid, the
34 clerk shall transmit all such payments, within 4 working days
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1 of receipt, to insure that funds are available for immediate
2 distribution by the Department to the person or entity
3 entitled thereto in accordance with standards of the Child
4 Support Enforcement Program established under Title IV-D of
5 the Social Security Act. The clerk shall notify the
6 Department of the date of receipt and amount thereof at the
7 time of transmittal. Where the clerk has entered into an
8 agreement of cooperation with the Department to record the
9 terms of child support orders and payments made thereunder
10 directly into the Department's automated data processing
11 system, the clerk shall account for, transmit and otherwise
12 distribute child support payments in accordance with such
13 agreement in lieu of the requirements contained herein.
14 (Source: P.A. 88-687, eff. 1-24-95.)
15 (750 ILCS 45/27 new)
16 Sec. 27. Other states' establishments of paternity.
17 Establishments of paternity made under the laws of other
18 states shall be given full faith and credit in this State
19 regardless of whether paternity was established through
20 voluntary acknowledgment, tests to determine inherited
21 characteristics, or judicial or administrative processes.
22 Section 130. The Business Corporation Act of 1983 is
23 amended by changing Section 1.25 as follows:
24 (805 ILCS 5/1.25) (from Ch. 32, par. 1.25)
25 Sec. 1.25. List of corporations; exchange of
26 information.
27 (a) The Secretary of State shall publish each year a list
28 of corporations filing an annual report for the preceding
29 year in accordance with the provisions of this Act, which
30 report shall state the name of the corporation and the
31 respective names and addresses of the president, secretary,
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1 and registered agent thereof and the address of the
2 registered office in this State of each such corporation. The
3 Secretary of State shall furnish without charge a copy of
4 such report to each recorder of this State, and to each
5 member of the General Assembly and to each State agency or
6 department requesting the same. The Secretary of State shall,
7 upon receipt of a written request and a fee as determined by
8 the Secretary, furnish such report to anyone else.
9 (b) (1) The Secretary of State shall publish daily a
10 list of all newly formed corporations, business and not for
11 profit, chartered by him on that day issued after receipt of
12 the application. The daily list shall contain the same
13 information as to each corporation as is provided for the
14 corporation list published under subsection (a) of this
15 Section. The daily list may be obtained at the Secretary's
16 office by any person, newspaper, State department or agency,
17 or local government for a reasonable charge to be determined
18 by the Secretary. Inspection of the daily list may be made
19 at the Secretary's office during normal business hours
20 without charge by any person, newspaper, State department or
21 agency, or local government.
22 (2) The Secretary shall compile the daily list mentioned
23 in paragraph (1) of subsection (b) of this Section monthly,
24 or more often at the Secretary's discretion. The compilation
25 shall be immediately mailed free of charge to all local
26 governments requesting in writing receipt of such
27 publication, or shall be automatically mailed by the
28 Secretary without charge to local governments as determined
29 by the Secretary. The Secretary shall mail a copy of the
30 compilations free of charge to all State departments or
31 agencies making a written request. A request for a
32 compilation of the daily list once made by a local government
33 or State department or agency need not be renewed. However,
34 the Secretary may request from time to time whether the local
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1 governments or State departments or agencies desire to
2 continue receiving the compilation.
3 (3) The compilations of the daily list mentioned in
4 paragraph (2) of subsection (b) of this Section shall be
5 mailed to newspapers, or any other person not included as a
6 recipient in paragraph (2) of subsection (b) of this Section,
7 upon receipt of a written application signed by the applicant
8 and accompanied by the payment of a fee as determined by the
9 Secretary.
10 (c) If a domestic or foreign corporation has filed with
11 the Secretary of State an annual report for the preceding
12 year or has been newly formed or is otherwise and in any
13 manner registered with the Secretary of State, the Secretary
14 of State shall exchange with the Illinois Department of
15 Public Aid any information concerning that corporation that
16 may be necessary for the enforcement of child support orders
17 entered pursuant to the Illinois Public Aid Code, the
18 Illinois Marriage and Dissolution of Marriage Act, the
19 Non-Support of Spouse and Children Act, the Revised Uniform
20 Reciprocal Enforcement of Support Act, the Uniform Interstate
21 Family Support Act, or the Illinois Parentage Act of 1984.
22 Notwithstanding any provisions in this Act to the
23 contrary, the Secretary of State shall not be liable to any
24 person for any disclosure of information to the Illinois
25 Department of Public Aid under this subsection or for any
26 other action taken in good faith to comply with the
27 requirements of this subsection.
28 (Source: P.A. 83-1362.)
29 Section 135. The General Not For Profit Corporation Act
30 of 1986 is amended by changing Section 101.25 as follows:
31 (805 ILCS 105/101.25) (from Ch. 32, par. 101.25)
32 Sec. 101.25. Lists of corporations; exchange of
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1 information.
2 (a) The Secretary of State shall include in his or her
3 daily publication lists of business corporations formed on
4 that day as provided in paragraph (1) of subsection (b) of
5 Section 1.25 of the Business Corporation Act of 1983 all
6 not-for-profit corporations formed on the day of publication
7 of such lists.
8 (b) The Secretary of State shall include among
9 information to be exchanged with the Illinois Department of
10 Public Aid, as provided in subsection (c) of Section 1.25 of
11 the Business Corporation Act of 1983, information regarding
12 all not-for-profit corporations formed pursuant to this Act.
13 (Source: P.A. 84-1423.)
14 Section 140. The Limited Liability Company Act is
15 amended by changing Section 50-5 as follows:
16 (805 ILCS 180/50-5)
17 Sec. 50-5. List of limited liability companies; exchange
18 of information.
19 (a) The Secretary of State may publish a list or lists
20 of limited liability companies and foreign limited liability
21 companies, as often, in the format, and for the fees as the
22 Secretary of State may in his or her discretion provide by
23 rule. The Secretary of State may disseminate information
24 concerning limited liability companies and foreign limited
25 liability companies by computer network in the format and for
26 the fees as may be determined by rule.
27 (b) Upon written request, any list published under
28 subsection (a) shall be free to each member of the General
29 Assembly, to each State agency or department, and to each
30 recorder in this State. An appropriate fee established by
31 rule to cover the cost of producing the list shall be charged
32 to all others.
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1 (c) If a domestic or foreign limited liability company
2 has filed with the Secretary of State an annual report for
3 the preceding year or has been newly formed or is otherwise
4 and in any manner registered with the Secretary of State, the
5 Secretary of State shall exchange with the Illinois
6 Department of Public Aid any information concerning that
7 limited liability company that may be necessary for the
8 enforcement of child support orders entered pursuant to the
9 Illinois Public Aid Code, the Illinois Marriage and
10 Dissolution of Marriage Act, the Non-Support of Spouse and
11 Children Act, the Revised Uniform Reciprocal Enforcement of
12 Support Act, the Uniform Interstate Family Support Act, or
13 the Illinois Parentage Act of 1984.
14 Notwithstanding any provisions in this Act to the
15 contrary, the Secretary of State shall not be liable to any
16 person for any disclosure of information to the Illinois
17 Department of Public Aid under this subsection or for any
18 other action taken in good faith to comply with the
19 requirements of this subsection.
20 (Source: P.A. 87-1062.)
21 Section 990. Emergency rules to implement amendatory
22 changes. This Section applies only to rules taking effect
23 July 1, 1997, filed to implement changes to the child support
24 enforcement program under Title III of the Personal
25 Responsibility and Work Opportunity Reconciliation Act of
26 1996. The Illinois Department of Public Aid may implement the
27 amendatory changes made by this Act and any other changes
28 made as the result of implementing the changes to the child
29 support enforcement program under Titles I and III of the
30 Personal Responsibility and Work Opportunity Reconciliation
31 Act of 1996 (P.L. 104-193) through the use of emergency rules
32 in accordance with the provisions of Section 5-45 of the
33 Illinois Administrative Procedure Act. For purposes of the
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1 Illinois Administrative Procedure Act, the adoption of rules
2 to implement these changes shall be deemed an emergency and
3 necessary for the public interest, safety, and welfare.
4 Section 995. No acceleration or delay. Where this Act
5 makes changes in a statute that is represented in this Act by
6 text that is not yet or no longer in effect (for example, a
7 Section represented by multiple versions), the use of that
8 text does not accelerate or delay the taking effect of (i)
9 the changes made by this Act or (ii) provisions derived from
10 any other Public Act.
11 Section 999. Effective date. This Act takes effect on
12 July 1, 1997.".