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90_HB2359
SEE INDEX
Amends the Child Support Information Act, the Attorney
General Act, the Illinois Administrative Procedure Act, the
Intergovernmental Cooperation Act, the New Hire Reporting
Act, the Civil Administrative Code of Illinois, the Illinois
Public Aid Code, the Vital Records Act, the Fish and Aquatic
Life Code, the Wildlife Code, the Illinois Vehicle Code, the
Attorney Act, the Illinois Marriage and Dissolution of
Marriage Act, the Non-Support of Spouse and Children Act, the
Uniform Interstate Family Support Act, the Expedited Child
Support Act of 1990, the Illinois Parentage Act of 1984, and
the Unemployment Insurance Act. Transfers child support
collection functions from the Department of Public Aid to the
Attorney General. Effective immediately.
LRB9007364SMdv
LRB9007364SMdv
1 AN ACT concerning child support, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 2. The Child Support Information Act is amended
5 by changing Section 10 as follows:
6 (5 ILCS 405/10)
7 Sec. 10. Statement of child support obligation. As of
8 the effective date of this Act, any employment application
9 forms used by any State agency shall include a statement to
10 be signed by the applicant concerning whether the applicant
11 has a child support obligation under a court or
12 administrative order for support and, if so, providing the
13 names of the obligee and the child or children covered by the
14 order, the name of the court or administrative agency which
15 issued the order, the order number, and whether the applicant
16 is in default of the obligation. The fact that an applicant
17 or an employee has a child support obligation with which he
18 or she is in default shall not be grounds for refusal to hire
19 the applicant or for discharge of the employee.
20 Upon hiring the applicant, the State agency shall provide
21 the statement of child support obligation to the Attorney
22 General Illinois Department of Public Aid for its use in
23 accordance with Section 7.245 10-22 of the Attorney General
24 Act Illinois Public Aid Code.
25 (Source: P.A. 87-1172.)
26 Section 5. The Attorney General Act is amended by adding
27 Sections 7.1 through 7.295 as follows:
28 (15 ILCS 205/7.1 new)
29 Sec. 7.1. Transfer of powers from Department of Public
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1 Aid.
2 (a) On the effective date of this amendatory Act of
3 1997, all the rights, powers, and duties vested by law in the
4 Illinois Department of Public Aid or the Department's Child
5 and Spouse Support Unit under Article X of the Illinois
6 Public Aid Code are transferred to the Attorney General.
7 Wherever, in any other Act, there is a reference to the
8 Illinois Department of Public Aid or the Department's Child
9 and Spouse Support Unit or to an officer, employee, or agent
10 of that Department or Unit concerning rights, powers, and
11 duties vested or performed under the authority of Article X
12 of the Illinois Public Aid Code, that reference, beginning on
13 the effective date of this amendatory Act of 1997, means the
14 Attorney General, the Child and Spouse Support Unit
15 established under Section 7.20 of this Act, or an officer,
16 employee, or agent of the Attorney General or the Child and
17 Spouse Support Unit established under Section 7.20.
18 (b) All books, records, property, pending business, and
19 funds pertaining to the rights, powers, and duties
20 transferred under this Section and in the custody of the
21 Illinois Department of Public Aid or the Department's Child
22 and Spouse Support Unit on the effective date of this
23 amendatory Act of 1997 shall be delivered and transferred to
24 the Attorney General on that date.
25 (c) Beginning on the effective date of this amendatory
26 Act of 1997, the rights, powers, and duties transferred by
27 this Section to the Attorney General shall be vested in and
28 shall be exercised by the Attorney General subject to the
29 provisions of this Section through Section 7.295. Each act
30 done in the exercise of those rights, powers, and duties
31 shall have the same legal effect as if done by the Illinois
32 Department of Public Aid or that Department's Child and
33 Spouse Support Unit.
34 (d) Beginning on the effective date of this amendatory
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1 Act of 1997, every person and other legal entity shall be
2 subject to the same obligations and duties, and civil and
3 criminal penalties arising from those obligations and duties,
4 and shall have the same rights arising from the exercise of
5 rights, powers, and duties by the Attorney General or an
6 officer, employee, or agent of the Attorney General, as if
7 those rights, powers, and duties have been exercised by the
8 Illinois Department of Public Aid, that Department's Child
9 and Spouse Support Unit, or an officer, employee, or agent of
10 that Department or Unit.
11 (e) Whenever reports or notices are now required to be
12 made or given or papers or documents furnished or served by
13 any person to or upon the Illinois Department of Public Aid
14 or that Department's Child and Spouse Support Unit under
15 Article X of the Illinois Public Aid Code, those reports or
16 notices shall, on and after the effective date of this
17 amendatory Act of 1997, be made, given, furnished, or served
18 in the same manner to or upon the Attorney General.
19 (f) The provisions of this Section through Section 7.295
20 do not affect any act done, ratified, or cancelled, or any
21 right occurring or established, or any action or proceeding
22 had or commenced in an administrative, civil, or criminal
23 cause before the effective date of this amendatory Act of
24 1997 by the Illinois Department of Public Aid or that
25 Department's Child and Spouse Support Unit under Article X of
26 the Illinois Public Aid Code, and those actions or
27 proceedings may be prosecuted and continued by the Attorney
28 General.
29 (g) No by-law, rule, or regulation adopted by the
30 Illinois Department of Public Aid as an exercise of a right,
31 power, or duty that has been transferred to the Attorney
32 General under this Section through Section 7.295 shall be
33 affected by those Sections. On the effective date of this
34 amendatory Act of 1997, those by-laws, rules, and regulations
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1 shall become the by-laws, rules, and regulations of the
2 Attorney General.
3 (h) If waivers of any federal law or regulation are
4 necessary to enable the Attorney General to implement any
5 provisions of this amendatory Act of 1997, the Attorney
6 General, promptly after the effective date of this amendatory
7 Act of 1997, shall apply for those waivers, and
8 implementation of those provisions is conditioned on the
9 Attorney General's receipt of those waivers.
10 (i) Personnel employed by the Illinois Department of
11 Public Aid to perform functions that are transferred by this
12 amendatory Act of 1997 to the Attorney General shall, upon
13 the effective date of this amendatory Act of 1997, become
14 employees of the Office of the Attorney General.
15 (j) Personnel employed by the Department of Public Aid
16 to perform functions that are not clearly classifiable as
17 being related to the determination and enforcement of support
18 responsibility of relatives under Article X of the Illinois
19 Public Aid Code or who are employed to perform complex
20 functions that are transferred only in part to the Attorney
21 General under this amendatory Act of 1997 shall be assigned
22 to the appropriate Department by the Director of Public Aid
23 and the Attorney General, in consultation with the Director
24 of Central Management Services.
25 (k) The rights of State employees, the State, and its
26 agencies under applicable collective bargaining agreements
27 and retirement plans are not affected by this amendatory Act
28 of 1997.
29 (15 ILCS 205/7.5 new)
30 Sec. 7.5. Public policy; persons eligible for services;
31 fees. It is the intent of the Illinois Public Aid Code that
32 the financial aid and social welfare services provided under
33 that Code supplement rather than supplant the primary and
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1 continuing obligation of the family unit for self-support to
2 the fullest extent permitted by the resources available to
3 it. This primary and continuing obligation applies whether
4 the family unit of parents and children or of husband and
5 wife remains intact and resides in a common household or
6 whether the unit has been broken by absence of one or more
7 members of the unit. The obligation of the family unit is
8 particularly applicable when a member is in necessitous
9 circumstances and lacks the means of a livelihood compatible
10 with health and well-being.
11 It is the purpose of Sections 7.1 through 7.295 to
12 provide for locating an absent parent or spouse, for
13 determining his financial circumstances, and for enforcing
14 his legal obligation of support, if he is able to furnish
15 support, in whole or in part. The Attorney General shall
16 give priority to establishing, enforcing and collecting the
17 current support obligation, and then to past due support owed
18 to the family unit, except with respect to collections
19 effected through the intercept programs provided for in
20 Sections 7.1 through 7.295.
21 The child and spouse support services provided under
22 Sections 7.1 through 7.295 shall be furnished dependents of
23 an absent parent or spouse who are applicants for or
24 recipients of financial aid under the Illinois Public Aid
25 Code. It is not, however, a condition of eligibility for
26 financial aid under that Code that there be no responsible
27 relatives who are reasonably able to provide support. Nor,
28 except as provided in Section 4-1.7 of that Code and Section
29 7.50 of this Act, shall the existence of such relatives or
30 their payment of support contributions disqualify a needy
31 person for financial aid.
32 By accepting financial aid under the Illinois Public Aid
33 Code, a spouse or a parent or other person having custody of
34 a child shall be deemed to have made assignment to the State
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1 of Illinois (for aid under Articles III, IV, V, and VII of
2 that Code) or to a local governmental unit (for aid under
3 Article VI of that Code) of all rights, title, and interest
4 in any support obligation up to the amount of financial aid
5 provided by that department or local governmental unit. The
6 rights to support assigned to the State of Illinois or local
7 governmental unit shall constitute an obligation owed the
8 State or local governmental unit by the person who is
9 responsible for providing the support, and shall be
10 collectible under all applicable processes.
11 The Attorney General shall also furnish the child and
12 spouse support services established under Sections 7.1
13 through 7.295 in behalf of spouses and dependent children who
14 are not applicants for or recipients of financial aid under
15 the Illinois Public Aid Code in accordance with the
16 requirements of Title IV, Part D of the Social Security Act.
17 The Attorney General may establish a schedule of reasonable
18 fees, to be paid for the services provided and may deduct a
19 collection fee, not to exceed 10% of the amount collected,
20 from such collection. The Attorney General shall cause to be
21 published and distributed publications reasonably calculated
22 to inform the public that individuals who are not recipients
23 of or applicants for public aid under the Illinois Public Aid
24 Code are eligible for the child and spouse support services
25 under Sections 7.1 through 7.295. Such publications shall
26 set forth an explanation, in plain language, that the child
27 and spouse support services program is independent of any
28 public aid program under the Code and that the receiving of
29 child and spouse support service in no way implies that the
30 person receiving such service is receiving public aid.
31 (15 ILCS 205/7.10 new)
32 Sec. 7.10. Extent of liability. A husband is liable for
33 the support of his wife and a wife for the support of her
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1 husband. The parents are severally liable for the support of
2 any child under the age of 18, except that a parent is not
3 liable for a child of any age if the child has married and is
4 not living with the parent or parents. The term "child"
5 includes a child born out of wedlock or legally adopted
6 child.
7 In addition to the primary obligation of support imposed
8 upon responsible relatives, such relatives, if individually
9 or together in any combination they have sufficient income or
10 other resources to support a needy person, in whole or in
11 part, shall be liable for any financial aid extended under
12 the Illinois Public Aid Code to a person for whose support
13 they are responsible, including amounts expended for funeral
14 and burial costs.
15 (15 ILCS 205/7.15 new)
16 Sec. 7.15. Standard for determining ability to support.
17 The Attorney General shall establish a standard by which
18 shall be measured the ability of responsible relatives to
19 provide support, and shall implement the standard by rules
20 governing its application. The standard and the rules shall
21 take into account the buying and consumption patterns of
22 self-supporting persons of modest income, present or future
23 contingencies having direct bearing on maintenance of the
24 relative's self-support status and fulfillment of his
25 obligations to his immediate family, and any unusual or
26 exceptional circumstances including estrangement or other
27 personal or social factors, that have a bearing on family
28 relationships and the relative's ability to meet his support
29 obligations. The standard shall be recomputed periodically
30 to reflect changes in the cost of living and other pertinent
31 factors.
32 In addition to the standard, the Attorney General may
33 establish guidelines to be used exclusively to measure the
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1 ability of responsible relatives to provide support on behalf
2 of applicants for or recipients of financial aid under
3 Article IV of the Illinois Public Aid Code and other persons
4 who are given access to the child and spouse support services
5 of Sections 7.1 through 7.295 of this Act as provided in
6 Section 7.5. In such case, the Attorney General shall base
7 the guidelines upon the applicable provisions of Sections
8 504, 505 and 505.2 of the Illinois Marriage and Dissolution
9 of Marriage Act and shall implement such guidelines by rules
10 governing their application.
11 The term "administration enforcement unit", when used in
12 Sections 7.5 through 7.295, means local governmental units or
13 the Child and Spouse Support Unit established under Section
14 7.20 when exercising the powers designated in Sections 7.1
15 through 7.295. The administrative enforcement unit shall
16 apply the standard or guidelines, rules and procedures
17 provided for by this Section and Sections 7.30 through 7.50
18 in determining the ability of responsible relatives to
19 provide support for applicants for or recipients of financial
20 aid under the Illinois Public Aid Code, except that the
21 administrative enforcement unit may apply such standard or
22 guidelines, rules and procedures at its discretion with
23 respect to those applicants for or recipients of financial
24 aid under Article IV of that Code and other persons who are
25 given access to the child and spouse support services of
26 Sections 7.1 through 7.295 of this Act as provided by Section
27 7.5.
28 (15 ILCS 205/7.20 new)
29 Sec. 7.20. Child and Spouse Support Unit. The Attorney
30 General shall establish within his or her administrative
31 staff a Child and Spouse Support Unit to search for and
32 locate absent parents and spouses liable for the support of
33 persons resident in this State and to exercise the support
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1 enforcement powers and responsibilities assigned the Attorney
2 General by Sections 7.1 through 7.295. The Unit shall
3 cooperate with all law enforcement officials in this State
4 and with the authorities of other states in locating persons
5 responsible for the support of persons resident in other
6 states and shall invite the cooperation of these authorities
7 in the performance of its duties.
8 In addition to other duties assigned the Child and Spouse
9 Support Unit by Sections 7.1 through 7.295, the Unit may
10 refer to units of local government any actions under Sections
11 7.60 and 7.155 for judicial enforcement of the support
12 liability.
13 The Attorney General may enter into agreements with local
14 governmental units or individuals for the collection of
15 moneys owing because of the failure of a parent to make child
16 support payments for any child receiving services under
17 Sections 7.1 through 7.295. Such agreements may be on a
18 contingent fee basis, but such contingent fee shall not
19 exceed 25% of the total amount collected.
20 An attorney who provides representation pursuant to this
21 Section shall represent the Attorney General exclusively.
22 Regardless of the designation of the plaintiff in an action
23 brought pursuant to this Section, an attorney-client
24 relationship does not exist for purposes of that action
25 between that attorney and (i) an applicant for or recipient
26 of child and spouse support services or (ii) any other party
27 to the action other than the Attorney General. Nothing in
28 this Section shall be construed to modify any power or duty
29 (including a duty to maintain confidentiality) of the Child
30 and Spouse Support Unit or the Attorney General otherwise
31 provided by law.
32 The Attorney General may enter into agreements with local
33 governmental units for the Child and Spouse Support Unit to
34 exercise the investigative and enforcement powers designated
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1 in Sections 7.1 through 7.295, including the issuance of
2 administrative orders under Section 7.80, in locating
3 responsible relatives and obtaining support for persons
4 applying for or receiving aid under Article VI of the
5 Illinois Public Aid Code. Payments for defrayment of
6 administrative costs and support payments obtained shall be
7 deposited into the Public Assistance Recoveries Trust Fund.
8 Support payments shall be paid over to the General Assistance
9 Fund of the local governmental unit at such time or times as
10 the agreement may specify.
11 With respect to those cases in which it has support
12 enforcement powers and responsibilities under Sections 7.1
13 through 7.295, the Attorney General may provide by rule for
14 periodic or other review of each administrative and court
15 order for support to determine whether a modification of the
16 order should be sought. The Attorney General shall provide
17 for and conduct such review in accordance with any applicable
18 federal law and regulation.
19 As part of its process for review of orders for support,
20 the Attorney General, through written notice, may require the
21 responsible relative to disclose his or her Social Security
22 Number and past and present information concerning the
23 relative's address, employment, gross wages, deductions from
24 gross wages, net wages, bonuses, commissions, number of
25 dependent exemptions claimed, individual and dependent health
26 insurance coverage, and any other information necessary to
27 determine the relative's ability to provide support in a case
28 receiving child and spouse support services under Sections
29 7.1 through 7.295.
30 The Attorney General may send a written request for the
31 same information to the relative's employer. The employer
32 shall respond to the request for information within 15 days
33 after the date the employer receives the request. If the
34 employer willfully fails to fully respond within the 15-day
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1 period, the employer shall pay a penalty of $100 for each day
2 that the response is not provided to the Attorney General
3 after the 15-day period has expired. The penalty may be
4 collected in a civil action which may be brought against the
5 employer in favor of the Attorney General.
6 A written request for information sent to an employer
7 pursuant to this Section shall consist of (i) a citation of
8 this Section as the statutory authority for the request and
9 for the employer's obligation to provide the requested
10 information, (ii) a returnable form setting forth the
11 employer's name and address and listing the name of the
12 employee with respect to whom information is requested, and
13 (iii) a citation of this Section as the statutory authority
14 authorizing the employer to withhold a fee of up to $20 from
15 the wages or income to be paid to each responsible relative
16 for providing the information to the Attorney General within
17 the 15-day period. If the employer is withholding support
18 payments from the responsible relative's income pursuant to
19 an order for withholding, the employer may withhold the fee
20 provided for in this Section only after withholding support
21 as required under the order. Any amounts withheld from the
22 responsible relative's income for payment of support and the
23 fee provided for in this Section shall not be in excess of
24 the amounts permitted under the federal Consumer Credit
25 Protection Act.
26 In a case receiving child and spouse support services,
27 the Attorney General may request and obtain information from
28 a particular employer under this Section no more than once in
29 any 12-month period, unless the information is necessary to
30 conduct a review of a court or administrative order for
31 support at the request of the person receiving child and
32 spouse support services.
33 The Attorney General shall establish and maintain an
34 administrative unit to receive and transmit to the Child and
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1 Spouse Support Unit information supplied by persons applying
2 for or receiving child and spouse support services under
3 Section 7.5.
4 In addition to its other powers and responsibilities
5 established by Sections 7.1 through 7.295, the Child and
6 Spouse Support Unit shall conduct an annual assessment of
7 each institution's program for institution based paternity
8 establishment under Section 12 of the Vital Records Act.
9 (15 ILCS 205/7.25 new)
10 Sec. 7.25. Parent locator service. The Attorney General
11 through the Child and Spouse Support Unit shall enter into
12 agreements with the Secretary of Health and Human Services or
13 his designee under which the services of the federal Parent
14 Locator Service established by the Social Security Act are
15 made available to this State and the Attorney General for the
16 purpose of locating an absent parent or child when the child
17 has been abducted or otherwise improperly removed or retained
18 from the physical custody of a parent or other person
19 entitled to custody of the child, or in connection with the
20 making or enforcing of a child custody determination in
21 custody proceedings instituted under the Uniform Child
22 Custody Jurisdiction Act, or otherwise in accordance with
23 law. The Attorney General shall provide general information
24 to the public about the availability and use of the Parent
25 Locator Service in relation to child abduction and custody
26 determination proceedings, shall promptly respond to
27 inquiries made by those parties specified by federal
28 regulations upon receipt of information as to the location of
29 an absent parent or child from the federal Parent Locator
30 Service, and shall maintain accurate records as to the number
31 of such inquiries received and processed by the Attorney
32 General.
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1 (15 ILCS 205/7.27 new)
2 Sec. 7.27. Locating support obligor and others;
3 penalties.
4 (a) The Child and Spouse Support Unit may request and
5 receive from employers, labor unions, telephone companies,
6 and utility companies location information concerning
7 putative fathers and noncustodial parents for the purpose of
8 establishing a child's paternity or establishing, enforcing,
9 or modifying a child support obligation. In this Section,
10 "location information" means information about (i) the
11 physical whereabouts of a putative father or noncustodial
12 parent, (ii) the putative father or noncustodial parent's
13 employer, or (iii) the salary, wages, and other compensation
14 paid and the health insurance coverage provided to the
15 putative father or noncustodial parent by the employer of the
16 putative father or noncustodial parent or by a labor union of
17 which the putative father or noncustodial parent is a member.
18 The employer of a putative father or noncustodial parent
19 or the labor union of which the putative father or
20 noncustodial parent is a member shall respond to the request
21 of the Child and Spouse Support Unit within 15 days after the
22 employer or labor union receives the request. Any employer
23 or labor union that willfully fails to fully respond within
24 the 15-day period shall be subject to a penalty of $100 for
25 each day that the response is not provided to the Attorney
26 General after the 15-day period has expired. The penalty may
27 be collected in a civil action, which may be brought against
28 the employer or labor union in favor of the Attorney General.
29 (b) Pursuant to an administrative subpoena as authorized
30 under Sections 7.1 through 7.295, the Child and Spouse
31 Support Unit may request and receive from utility companies
32 and cable television companies location information
33 concerning individuals who owe or are owed support or against
34 whom or with respect to whom a support obligation is sought.
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1 (15 ILCS 205/7.28 new)
2 Sec. 7.28. Obtaining location information.
3 (a) The Attorney General shall enter into agreements
4 with the Department of State Police and the Secretary of
5 State to obtain location information on persons for the
6 purpose of establishing paternity and establishing,
7 modifying, and enforcing child support obligations.
8 (b) Upon request, the Attorney General shall provide
9 information obtained pursuant to this Section to federal
10 agencies and other states' agencies conducting child support
11 enforcement activities under Title IV, Part D of the Social
12 Security Act.
13 (15 ILCS 205/7.30 new)
14 Sec. 7.30. Notification of support obligation. The
15 administrative enforcement unit within the authorized area of
16 its operation shall notify each responsible relative of an
17 applicant or recipient, or responsible relatives of other
18 persons given access to the support services of Sections 7.1
19 through 7.295, of his legal obligation to support and shall
20 request such information concerning his financial status as
21 may be necessary to determine whether he is financially able
22 to provide such support, in whole or in part. In cases
23 involving a child born out of wedlock, the notification shall
24 include a statement that the responsible relative has been
25 named as the biological father of the child identified in the
26 notification.
27 In the case of applicants, the notification shall be sent
28 as soon as practical after the filing of the application. In
29 the case of recipients, the notice shall be sent at such time
30 as may be established by rule of the Attorney General.
31 The notice shall be accompanied by the forms or
32 questionnaires provided in Section 7.35. It shall inform the
33 relative that he may be liable for reimbursement of any
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1 support furnished from public aid funds prior to
2 determination of the relative's financial circumstances, as
3 well as for future support. In the alternative, when support
4 is sought on behalf of applicants for or recipients of
5 financial aid under Article IV of the Illinois Public Aid
6 Code and other persons who are given access to the child and
7 spouse support services of Section 7.1 through 7.295 as
8 provided in Section 7.5, the notice shall inform the relative
9 that the relative may be required to pay support for a period
10 before the date an administrative support order is entered,
11 as well as future support.
12 Neither the mailing nor receipt of such notice shall be
13 deemed a jurisdictional requirement for the subsequent
14 exercise of the investigative procedures undertaken by an
15 administrative enforcement unit or the entry of any order or
16 determination of paternity or support or reimbursement by the
17 administrative enforcement unit; except that notice shall be
18 served by certified mail addressed to the responsible
19 relative at his or her last known address, return receipt
20 requested, or by any method provided by law for service of
21 summons, in cases where a determination of paternity or
22 support by default is sought on behalf of applicants for or
23 recipients of financial aid under Article IV of the Illinois
24 Public Aid Code and other persons who are given access to the
25 child and spouse support services of Sections 7.1 through
26 7.295 as provided in Section 7.5.
27 (15 ILCS 205/7.35 new)
28 Sec. 7.35. Declarations by responsible relatives;
29 penalty.
30 Information requested of responsible relatives shall be
31 submitted on forms or questionnaires prescribed by the
32 Attorney General or local governmental units, as the case may
33 be, and shall contain a written declaration to be signed by
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1 the relative in substantially the following form:
2 "I declare under penalties of perjury that I have
3 examined this form (or questionnaire) and all accompanying
4 statements or documents pertaining to my income, resources,
5 or any other matter having bearing upon my status and ability
6 to provide support, and to the best of my knowledge and
7 belief the information supplied is true, correct, and
8 complete."
9 A person who makes and subscribes a form or questionnaire
10 which contains, as hereinabove provided, a written
11 declaration that it is made under the penalties of perjury,
12 knowing it to be false, incorrect or incomplete, in respect
13 to any material statement or representation bearing upon his
14 status as a responsible relative, or upon his income,
15 resources, or other matter concerning his ability to provide
16 support, shall be subject to the penalties for perjury
17 provided for in Section 32-2 of the Criminal Code of 1961.
18 (15 ILCS 205/7.40 new)
19 Sec. 7.40. Investigation and determination. The
20 administrative enforcement unit shall review the forms or
21 questionnaires returned by each responsible relative and
22 supplement the information provided therein, where required,
23 by such additional consultations with the responsible
24 relative and such other investigations as may be necessary,
25 including genetic testing if paternity is an issue, and,
26 applying the standard or guidelines and regulations
27 established by the Attorney General, shall determine whether
28 and the extent to which, the responsible relative
29 individually or together in any combination, are reasonably
30 able to provide support. If the child was born out of
31 wedlock and the case is subject to the voluntary
32 acknowledgment of paternity or the administrative
33 determination of paternity under rules established under
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1 Section 7.210, the Child and Spouse Support Unit of the
2 Attorney General shall determine the child support obligation
3 under subsection (b) of Section 7.45 upon establishing the
4 child's paternity. If the child's paternity was established
5 by judicial or administrative process in any other state, the
6 Attorney General may use administrative processes contained
7 in Sections 7.1 through 7.295 to establish a child support
8 order.
9 In aid of its investigative authority, the Child and
10 Spouse Support Unit may use the subpoena power as set forth
11 in Sections 7.1 through 7.295.
12 The Attorney General, by rule, may authorize the
13 administrative enforcement units to conduct periodic or other
14 reinvestigations and redeterminations of the financial
15 ability of responsible relatives. Any redeterminations shall
16 have the effect of altering, amending, or modifying previous
17 determinations and administrative orders entered pursuant to
18 Sections 7.45 and 7.80. However, any redetermination which
19 establishes liability for support or reimbursement, or which
20 modifies the support or reimbursement liability specified in
21 a prior order, shall be subject to the provisions of Section
22 7.90 and the administrative and judicial review procedures
23 herein provided for original orders.
24 (15 ILCS 205/7.45 new)
25 Sec. 7.45. Notice of support due.
26 (a) When an administrative enforcement unit has
27 determined that a responsible relative is financially able to
28 contribute to the support of an applicant or recipient, the
29 responsible relative shall be notified by mailing him a copy
30 of the determination by United States registered or certified
31 mail, advising him of his legal obligation to make support
32 payments for such period or periods of time, definite in
33 duration or indefinite, as the circumstances require. The
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1 notice shall direct payment as provided in Section 7.50.
2 Where applicable, the determination and notice may include a
3 demand for reimbursement for emergency aid granted an
4 applicant or recipient during the period between the
5 application and determination of the relative's obligation
6 for support and for aid granted during any subsequent period
7 the responsible relative was financially able to provide
8 support but failed or refused to do so.
9 (b) In the alternative, when support is sought on behalf
10 of applicants for or recipients of financial aid under
11 Article IV of the Illinois Public Aid Code and other persons
12 who are given access to the child and spouse support services
13 of Sections 7.1 through 7.295 as provided in Section 7.5, the
14 administrative enforcement unit shall not be required to send
15 the notice and may enter an administrative order immediately
16 under the provisions of Section 7.80. The order shall be
17 based upon the determination made under the provisions of
18 Section 7.40 or, in instances of default, upon the needs of
19 the persons for whom support is sought. In addition to
20 requiring payment of future support, the administrative order
21 may require payment of support for a period before the date
22 the order is entered. The amount of support to be paid for
23 the prior period shall be determined under the guidelines
24 established by the Attorney General pursuant to Section 7.15.
25 The order shall direct payment as provided in Section 7.60.
26 (15 ILCS 205/7.50 new)
27 Sec. 7.50. Support payments. The notice to responsible
28 relatives issued pursuant to Section 7.45 shall direct
29 payment (i) to the Attorney General in cases of applicants
30 and recipients under Articles III, IV, V and VII of the
31 Illinois Public Aid Code, (ii) except as provided in Section
32 7.20, to the local governmental unit in the case of
33 applicants and recipients under Article VI of the Illinois
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1 Public Aid Code, and (iii) to the Attorney General in cases
2 of non-applicants and non-recipients given access to the
3 child and spouse support services of Sections 7.1 through
4 7.295, as provided by Section 7.5. However, if the support
5 payments by responsible relatives are sufficient to meet
6 needs of a recipient in full, including current and
7 anticipated medical needs, and the Attorney General or the
8 local governmental unit, as the case may be, has reasonable
9 grounds to believe that such needs will continue to be
10 provided in full by the responsible relatives, the relatives
11 may be directed to make subsequent support payments to the
12 needy person or to some person or agency in his behalf and
13 the recipient shall be removed from the public aid rolls. In
14 such instance the recipient also shall be notified by
15 registered or certified mail of the action taken. If a
16 recipient removed from the public aid rolls requests the
17 Attorney General to continue to collect the support payments
18 in his behalf, the Attorney General, at his option, may do so
19 and pay amounts so collected to the person. The Attorney
20 General may provide for deducting any costs incurred by him
21 in making the collection from the amount of any recovery made
22 and pay only the net amount to the person.
23 Payments under this Section to the Illinois Department of
24 Public Aid or the Attorney General pursuant to the Child
25 Support Enforcement Program established by Title IV-D of the
26 Social Security Act shall be paid into the Child Support
27 Enforcement Trust Fund. All other payments under this Section
28 to the Illinois Department of Public Aid shall be deposited
29 in the Public Assistance Recoveries Trust Fund. Disbursements
30 from these funds shall be as provided in Sections 12-9 and
31 12-10.2 of the Illinois Public Aid Code. Payments received by
32 a local governmental unit shall be deposited in that unit's
33 General Assistance Fund.
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1 (15 ILCS 205/7.52 new)
2 Sec. 7.52. Temporary order for child support.
3 Notwithstanding any other law to the contrary, pending the
4 outcome of an administrative determination of parentage, the
5 Attorney General shall issue a temporary order for child
6 support, upon motion by a party and a showing of clear and
7 convincing evidence of paternity based on genetic test
8 results or other evidence. In determining the amount of the
9 temporary child support award, the Attorney General shall use
10 the guidelines and standards set forth in subsection (a) of
11 Section 505 and in Section 505.2 of the Illinois Marriage and
12 Dissolution of Marriage Act.
13 Any new or existing support order entered by the Attorney
14 General under this Section shall be deemed to be a series of
15 judgments against the person obligated to pay support
16 thereunder, each such judgment to be in the amount of each
17 payment or installment of support and each judgment to be
18 deemed entered as of the date the corresponding payment or
19 installment becomes due under the terms of the support order.
20 Each such judgment shall have the full force, effect, and
21 attributes of any other judgment of this State, including the
22 ability to be enforced. Any such judgment is subject to
23 modification or termination only in accordance with Section
24 510 of the Illinois Marriage and Dissolution of Marriage Act.
25 A lien arises by operation of law against the real and
26 personal property of the noncustodial parent for each
27 installment of overdue support owed by the noncustodial
28 parent.
29 All orders for support entered or modified in a case in
30 which a party is receiving child and spouse support services
31 under Sections 7.1 through 7.295 shall include a provision
32 requiring the non-custodial parent to notify the Attorney
33 General, within 7 days, (i) of the name, address, and
34 telephone number of any new employer of the non-custodial
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1 parent, (ii) whether the non-custodial parent has access to
2 health insurance coverage through the employer or other group
3 coverage, and, if so, the policy name and number and the
4 names of persons covered under the policy, and (iii) of any
5 new residential or mailing address or telephone number of the
6 non-custodial parent.
7 In any subsequent action to enforce a support order, upon
8 sufficient showing that diligent effort has been made to
9 ascertain the location of the non-custodial parent, service
10 of process or provision of notice necessary in that action
11 may be made at the last known address of the non-custodial
12 parent, in any manner expressly provided by the Code of Civil
13 Procedure or this Act, which service shall be sufficient for
14 purposes of due process.
15 An order for support shall include a date on which the
16 current support obligation terminates. The termination date
17 shall be no earlier than the date on which the child covered
18 by the order will attain the age of majority or is otherwise
19 emancipated. The order for support shall state that the
20 termination date does not apply to any arrearage that may
21 remain unpaid on that date. Nothing in this paragraph shall
22 be construed to prevent the Attorney General from modifying
23 the order.
24 (15 ILCS 205/7.55 new)
25 Sec. 7.55. Alternative actions to enforce support. If a
26 responsible relative fails or refuses to furnish support, or
27 contributes less than the amount indicated by the
28 determination, the administrative enforcement unit shall take
29 action to enforce support in accordance with Section 7.60 or
30 Section 7.80.
31 (15 ILCS 205/7.60 new)
32 Sec. 7.60. Court enforcement. Except where the Attorney
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1 General, by agreement, acts for the local governmental unit,
2 as provided in Section 7.20, local governmental units shall
3 refer to the State's Attorney or to the proper legal
4 representative of the governmental unit, for judicial
5 enforcement as herein provided, instances of non-support or
6 insufficient support when the dependents are applicants or
7 recipients under Article VI of the Illinois Public Aid Code.
8 The Child and Spouse Support Unit established by Section 7.20
9 may institute in behalf of the Illinois Department of Public
10 Aid any actions under this Section for judicial enforcement
11 of the support liability when the dependents are applicants
12 or recipients under Articles III, IV, V or VII of the
13 Illinois Public Aid Code. The Unit may institute in behalf of
14 the Attorney General any actions under this Section for
15 judicial enforcement of the support liability when the
16 dependents are applicants or recipients in a local
17 governmental unit when the Attorney General, by agreement,
18 acts for the unit. The Unit may institute in behalf of the
19 dependents any actions under this Section for judicial
20 enforcement of the support liability when the dependents are
21 non-applicants or non-recipients who are receiving support
22 enforcement services under Sections 7.1 through 7.295, as
23 provided in Section 7.5. Where the Child and Spouse Support
24 Unit has exercised its option and discretion not to apply the
25 provisions of Sections 7.15 through 7.50, the failure by the
26 Unit to apply such provisions shall not be a bar to bringing
27 an action under this Section.
28 Action shall be brought in the circuit court to obtain
29 support, or for the recovery of aid granted during the period
30 such support was not provided, or both for the obtainment of
31 support and the recovery of the aid provided. Actions for
32 the recovery of aid may be taken separately or they may be
33 consolidated with actions to obtain support. Such actions
34 may be brought in the name of the person or persons requiring
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1 support, or may be brought in the name of the Illinois
2 Department of Public Aid or the local governmental unit, as
3 the case requires, in behalf of such persons.
4 The court may enter such orders for the payment of moneys
5 for the support of the person as may be just and equitable
6 and may direct payment thereof for such period or periods of
7 time as the circumstances require, including support for a
8 period before the date the order for support is entered. The
9 order may be entered against any or all of the defendant
10 responsible relatives and may be based upon the proportionate
11 ability of each to contribute to the person's support.
12 The Court shall determine the amount of child support
13 (including child support for a period before the date the
14 order for support is entered) by using the guidelines and
15 standards set forth in subsection (a) of Section 505 and in
16 Section 505.2 of the Illinois Marriage and Dissolution of
17 Marriage Act. For purposes of determining the amount of
18 child support to be paid for a period before the date the
19 order for child support is entered, there is a rebuttable
20 presumption that the responsible relative's net income for
21 that period was the same as his or her net income at the time
22 the order is entered.
23 The Court shall determine the amount of maintenance using
24 the standards set forth in Section 504 of the Illinois
25 Marriage and Dissolution of Marriage Act.
26 Any new or existing support order entered by the court
27 under this Section shall be deemed to be a series of
28 judgments against the person obligated to pay support
29 thereunder, each such judgment to be in the amount of each
30 payment or installment of support and each such judgment to
31 be deemed entered as of the date the corresponding payment or
32 installment becomes due under the terms of the support order.
33 Each such judgment shall have the full force, effect and
34 attributes of any other judgment of this State, including the
-24- LRB9007364SMdv
1 ability to be enforced. Any such judgment is subject to
2 modification or termination only in accordance with Section
3 510 of the Illinois Marriage and Dissolution of Marriage Act.
4 A lien arises by operation of law against the real and
5 personal property of the noncustodial parent for each
6 installment of overdue support owed by the noncustodial
7 parent.
8 When an order is entered for the support of a minor, the
9 court may provide therein for reasonable visitation of the
10 minor by the person or persons who provided support pursuant
11 to the order. Whoever willfully refuses to comply with such
12 visitation order or willfully interferes with its enforcement
13 may be declared in contempt of court and punished therefor.
14 Except where the local governmental unit has entered into
15 an agreement with the Attorney General for the Child and
16 Spouse Support Unit to act for it, as provided in Section
17 7.20, support orders entered by the court in cases involving
18 applicants or recipients under Article VI of the Illinois
19 Public Aid Code shall provide that payments thereunder be
20 made directly to the local governmental unit. Orders for the
21 support of all other applicants or recipients under that Code
22 shall provide that payments thereunder be made directly to
23 the Attorney General. In accordance with federal law and
24 regulations, the Attorney General may continue to collect
25 current maintenance payments or child support payments, or
26 both, after those persons cease to receive public assistance
27 and until termination of services under Sections 7.1 through
28 7.295. The Attorney General shall pay the net amount
29 collected to those persons after deducting any costs incurred
30 in making the collection or any collection fee from the
31 amount of any recovery made. In both cases the order shall
32 permit the local governmental unit or the Attorney General,
33 as the case may be, to direct the responsible relative or
34 relatives to make support payments directly to the needy
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1 person, or to some person or agency in his behalf, upon
2 removal of the person from the public aid rolls or upon
3 termination of services under Sections 7.1 through 7.295.
4 If the notice of support due issued pursuant to Section
5 7.45 directs that support payments be made directly to the
6 needy person, or to some person or agency in his behalf, and
7 the recipient is removed from the public aid rolls, court
8 action may be taken against the responsible relative
9 hereunder if he fails to furnish support in accordance with
10 the terms of such notice.
11 Actions may also be brought under this Section in behalf
12 of any person who is in need of support from responsible
13 relatives, as defined in Section 2-11 of the Illinois Public
14 Aid Code who is not an applicant for or recipient of
15 financial aid under that Code. In such instances, the
16 State's Attorney of the county in which such person resides
17 shall bring action against the responsible relatives
18 hereunder. If the Attorney General, as authorized by Section
19 7.5, extends the support services provided by this Article to
20 spouses and dependent children who are not applicants or
21 recipients under the Illinois Public Aid Code, the Child and
22 Spouse Support Unit established by Section 7.20 shall bring
23 action against the responsible relatives hereunder and any
24 support orders entered by the court in such cases shall
25 provide that payments thereunder be made directly to the
26 Attorney General.
27 Whenever it is determined in a proceeding to establish or
28 enforce a child support or maintenance obligation that the
29 person owing a duty of support is unemployed, the court may
30 order the person to seek employment and report periodically
31 to the court with a diary, listing or other memorandum of his
32 or her efforts in accordance with such order. Additionally,
33 the court may order the unemployed person to report to the
34 Department of Employment Security for job search services or
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1 to make application with the local Jobs Training Partnership
2 Act provider for participation in job search, training or
3 work programs and where the duty of support is owed to a
4 child receiving support services under Sections 7.1 through
5 7.295, the court may order the unemployed person to report to
6 the Department of Human Services for participation in job
7 search, training or work programs established under Section
8 9-6 and Article IXA of the Illinois Public Aid Code.
9 Whenever it is determined that a person owes past-due
10 support for a child receiving assistance under the Illinois
11 Public Aid Code, the court shall order at the request of the
12 Attorney General:
13 (1) that the person pay the past-due support in
14 accordance with a plan approved by the court; or
15 (2) if the person owing past-due support is
16 unemployed, is subject to such a plan, and is not
17 incapacitated, that the person participate in such job
18 search, training, or work programs established under
19 Section 9-6 and Article IXA of the Illinois Public Aid
20 Code as the court deems appropriate.
21 A determination under this Section shall not be
22 administratively reviewable by the procedures specified in
23 Sections 7.90 and 7.95 through 7.145. Any determination under
24 those Sections, if made the basis of court action under this
25 Section, shall not affect the de novo judicial determination
26 required under this Section.
27 All orders for support, when entered or modified, shall
28 include a provision requiring the non-custodial parent to
29 notify the court and, in cases in which a party is receiving
30 child and spouse support services under Sections 7.1 through
31 7.295, the Attorney General, within 7 days, (i) of the name,
32 address, and telephone number of any new employer of the
33 non-custodial parent, (ii) whether the non-custodial parent
34 has access to health insurance coverage through the employer
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1 or other group coverage and, if so, the policy name and
2 number and the names of persons covered under the policy, and
3 (iii) of any new residential or mailing address or telephone
4 number of the non-custodial parent. In any subsequent action
5 to enforce a support order, upon a sufficient showing that a
6 diligent effort has been made to ascertain the location of
7 the non-custodial parent, service of process or provision of
8 notice necessary in the case may be made at the last known
9 address of the non-custodial parent in any manner expressly
10 provided by the Code of Civil Procedure or Sections 7.1
11 through 7.295, which service shall be sufficient for purposes
12 of due process.
13 In cases in which a party is receiving child and spouse
14 support services under Sections 7.1 through 7.295 and the
15 order for support provides that child support payments be
16 made to the obligee, the Attorney General may provide notice
17 to the obligor and the obligor's payor, when income
18 withholding is in effect under Section 7.165, to make all
19 payments after receipt of the Attorney General's notice to
20 the clerk of the court until further notice by the Attorney
21 General or order of the court. Copies of the notice shall be
22 provided to the obligee and the clerk. The clerk's copy
23 shall contain a proof of service on the obligor and the
24 obligor's payor, where applicable. The clerk shall file the
25 clerk's copy of the notice in the court file. The notice to
26 the obligor and the payor, if applicable, may be sent by
27 ordinary mail, certified mail, return receipt requested,
28 facsimile transmission, or other electronic process, or may
29 be served upon the obligor or payor using any method provided
30 by law for service of a summons. An obligor who fails to
31 comply with a notice provided under this paragraph is guilty
32 of a Class B misdemeanor. A payor who fails to comply with a
33 notice provided under this paragraph is guilty of a business
34 offense and subject to a fine of up to $1,000.
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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 court from modifying the order.
9 Upon notification in writing or by electronic
10 transmission from the Attorney General to the clerk of the
11 court that a person who is receiving support payments under
12 this Section is receiving services under the Child Support
13 Enforcement Program established by Title IV-D of the Social
14 Security Act, any support payments subsequently received by
15 the clerk of the court shall be transmitted in accordance
16 with the instructions of the Attorney General until the
17 Attorney General gives notice to the clerk of the court to
18 cease the transmittal. After providing the notification
19 authorized under this paragraph, the Attorney General shall
20 be entitled as a party to notice of any further proceedings
21 in the case. The clerk of the court shall file a copy of the
22 Attorney General's notification in the court file. The
23 clerk's failure to file a copy of the notification in the
24 court file shall not, however, affect the Attorney General's
25 right to receive notice of further proceedings.
26 Payments under this Section to the Illinois Department of
27 Public Aid or the Attorney General pursuant to the Child
28 Support Enforcement Program established by Title IV-D of the
29 Social Security Act shall be paid into the Child Support
30 Enforcement Trust Fund. All other payments under this Section
31 to the Illinois Department of Public Aid shall be deposited
32 in the Public Assistance Recoveries Trust Fund. Disbursements
33 from these funds shall be as provided in Sections 12-9 and
34 12-10.2 of the Illinois Public Aid Code. Payments received
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1 by a local governmental unit shall be deposited in that
2 unit's General Assistance Fund.
3 (15 ILCS 205/7.65 new)
4 Sec. 7.65. Collection fee. In all cases instituted by
5 the Attorney General on behalf of a child or spouse, other
6 than one receiving a grant of financial aid under Article IV
7 of the Illinois Public Aid Code, on whose behalf an
8 application has been made and approved for support services
9 as provided by Section 7.5, the court shall impose a
10 collection fee on the individual who owes a child or spouse
11 support obligation in an amount equal to 10% of the amount so
12 owed as long as such collection is required by federal law,
13 which fee shall be in addition to the support obligation.
14 The imposition of such fee shall be in accordance with
15 provisions of Title IV, Part D, of the Social Security Act
16 and regulations duly promulgated thereunder. The fee shall
17 be payable to the clerk of the circuit court for transmittal
18 to the Attorney General and shall continue until support
19 services are terminated by the Attorney General.
20 (15 ILCS 205/7.70 new)
21 Sec. 7.70. Notice to circuit clerk of payment received.
22 For those cases in which support is payable to the clerk of
23 the circuit court for transmittal to the Attorney General or
24 the Illinois Department of Public Aid by order of court, and
25 the Attorney General collects support by assignment, offset,
26 withholding, deduction or other process permitted by law, the
27 Attorney General shall notify the clerk of the date and
28 amount of such collection. Upon notification, the clerk shall
29 record the collection on the payment record for the case.
30 (15 ILCS 205/7.75 new)
31 Sec. 7.75. Transmittal of payments by circuit clerk.
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1 For those cases in which child support is payable to the
2 clerk of the circuit court for transmittal to the Attorney
3 General or the Illinois Department of Public Aid by order of
4 court, the clerk shall transmit all such payments, within 4
5 working days of receipt, to ensure that funds are available
6 for immediate distribution by the Attorney General or the
7 Department to the person or entity entitled thereto in
8 accordance with standards of the Child Support Enforcement
9 Program established under Title IV-D of the Social Security
10 Act. The clerk shall notify the Attorney General or the
11 Department of the date of receipt and amount thereof at the
12 time of transmittal. Where the clerk has entered into an
13 agreement of cooperation with the Illinois Department of
14 Public Aid or the Attorney General to record the terms of
15 child support orders and payments made thereunder directly
16 into the IV-D Agency's automated data processing system, the
17 clerk shall account for, transmit and otherwise distribute
18 child support payments in accordance with such agreement in
19 lieu of the requirements contained herein.
20 (15 ILCS 205/7.80 new)
21 Sec. 7.80. Administrative orders. In lieu of actions for
22 court enforcement of support under Section 7.60, the Child
23 and Spouse Support Unit of the Attorney General, in
24 accordance with the rules of the Attorney General, may issue
25 an administrative order requiring the responsible relative to
26 comply with the terms of the determination and notice of
27 support due, determined and issued under Sections 7.40 and
28 7.45. The Unit may also enter an administrative order under
29 subsection (b) of Section 7.45. The administrative order
30 shall be served upon the responsible relative by United
31 States registered or certified mail.
32 If a responsible relative fails to petition the Attorney
33 General for release from or modification of the
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1 administrative order, as provided in Section 7.90, the order
2 shall become final and there shall be no further
3 administrative or judicial remedy. Likewise a decision by
4 the Attorney General as a result of an administrative
5 hearing, as provided in Sections 7.95 through 7.145, shall
6 become final and enforceable if not judicially reviewed under
7 the Administrative Review Law, as provided in Section 7.150.
8 Any new or existing support order entered by the Attorney
9 General 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 such judgment to
13 be 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 (15 ILCS 205/7.85 new)
25 Sec. 7.85. Unemployed responsible relatives.
26 (a) Whenever it is determined in a proceeding under
27 Section 7.40, 7.45, 7.80, or 7.180 that the responsible
28 relative is unemployed, and support is sought on behalf of
29 applicants for or recipients of financial aid under Article
30 IV of the Illinois Public Aid Code or other persons who are
31 given access to the child and spouse support services of that
32 Article as provided in Section 7.5 of this Act, the
33 administrative enforcement unit may order the responsible
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1 relative to report to the Department of Human Services for
2 participation in job search, training or work programs
3 established under Section 9-6 and Article IXA of the Illinois
4 Public Aid Code or to the Illinois Department of Employment
5 Security for job search services or to make application with
6 the local Jobs Training Partnership Act provider for
7 participation in job search, training or work programs.
8 (b) Whenever it is determined that a responsible
9 relative owes past-due support for a child under an
10 administrative support order entered under subsection (b) of
11 Section 7.45 or under Section 7.80 or 7.180 and the child is
12 receiving assistance under the Illinois Public Aid Code, the
13 administrative enforcement unit shall order the following:
14 (1) that the responsible relative pay the past-due
15 support in accordance with a plan approved by the
16 administrative enforcement unit; or
17 (2) if the responsible relative owing past-due
18 support is unemployed, is subject to such a plan, and is
19 not incapacitated, that the responsible relative
20 participate in job search, training, or work programs
21 established under Section 9-6 and Article IXA of the
22 Illinois Public Aid Code.
23 (15 ILCS 205/7.90 new)
24 Sec. 7.90. Petition for release from or modification of
25 administrative support order. Any responsible relative
26 aggrieved by an administrative order entered under Section
27 7.80 or 7.85 who has been duly notified of such order, may
28 within 30 days from the date of mailing of such order,
29 petition the Attorney General for a release from or
30 modification of the order. The day immediately subsequent to
31 the mailing of the order shall be considered as the first
32 day, and the day such petition is received by the Attorney
33 General shall be considered as the last day in computing the
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1 30 day appeal period.
2 The Attorney General shall, upon receipt of a petition
3 within the 30 day appeal period, provide for a hearing to be
4 held thereon.
5 (15 ILCS 205/7.95 new)
6 Sec. 7.95. Hearing on petition. The Attorney General, or
7 any officer or employee thereof designated in writing by the
8 Attorney General, shall conduct hearings and investigations
9 in connection with petitions filed pursuant to Section 7.90.
10 Responsible relatives shall be entitled to appear in person,
11 to be represented by counsel at the hearing and to present
12 all relevant matter in support of their petitions. The
13 provisions of Sections 7.100 through 7.145 shall govern the
14 hearing.
15 The hearing shall be de novo and the Attorney General's
16 determination of liability or non-liability shall be
17 independent of the determination of the administrative
18 enforcement unit.
19 (15 ILCS 205/7.100 new)
20 Sec. 7.100. Examination of records. The Attorney
21 General, or any properly designated officer or employee
22 thereof, may examine any books, papers, records or memoranda
23 bearing upon the determination of ability to support and the
24 order for support and upon any matter pertinent to the
25 relative's petition and may compel the attendance and
26 testimony of any person or persons, including the petitioning
27 responsible relative, having knowledge of matters germane to
28 the determination order, or the petition.
29 (15 ILCS 205/7.105 new)
30 Sec. 7.105. Hearings not subject to technical rules of
31 evidence or procedure. In the conduct of any hearing or
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1 investigation, neither the Attorney General nor a person duly
2 authorized to conduct such hearing or investigation, shall be
3 bound by the technical rules of evidence, common law or
4 statutory, or by technical or formal rules of procedure, but
5 shall conduct the hearing or make the investigation in such
6 manner as seems best calculated to conform to substantial
7 justice and the spirit of the Illinois Public Aid Code and
8 Sections 7.1 through 7.295 of this Act. No informality in any
9 proceedings, or in the manner of taking testimony, shall
10 invalidate any order or decision made by the Attorney General
11 pursuant to such hearing or investigation.
12 (15 ILCS 205/7.110 new)
13 Sec. 7.110. Authority to administer oaths. The Attorney
14 General, or any person duly authorized to conduct such
15 hearing or investigation, shall have power to administer
16 oaths. Every person who, having taken an oath or made
17 affirmation before the Attorney General, or any duly
18 authorized officer or employee thereof, shall wilfully swear
19 or affirm falsely, shall be guilty of perjury, and upon
20 conviction shall be punished accordingly.
21 (15 ILCS 205/7.115 new)
22 Sec. 7.115. Proof of records. The books, papers, records
23 and memoranda of the Illinois Department of Public Aid, the
24 Illinois Department of Human Services, and the Attorney
25 General or of the administrative enforcement unit, or parts
26 thereof, may be proved in any hearing, investigation, or
27 legal proceeding by a photostatic or other copy thereof under
28 the certificate of their respective Directors, and the
29 Attorney General or their designees. Such certified copy
30 shall, without further proof, be admitted into evidence in
31 the hearing before the Attorney General or in any other legal
32 proceeding.
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1 (15 ILCS 205/7.120 new)
2 Sec. 7.120. Proof of necessitous circumstances. Proof in
3 any hearing before the Attorney General that a person is an
4 applicant for or recipient of assistance under the Illinois
5 Public Aid Code shall be prima facie proof that he is a
6 "person who is in necessitous circumstances by reason of
7 infirmity, unemployment, or other cause depriving him of the
8 means of a livelihood compatible with health and well-being",
9 within the meaning of the Illinois Public Aid Code.
10 (15 ILCS 205/7.125 new)
11 Sec. 7.125. Subpoenas. The Attorney General, or any
12 officer or employee thereof designated in writing by the
13 Attorney General, shall at his own instance, or on the
14 written request of any other party to the proceeding, issue
15 subpoenas requiring the attendance of and the giving of
16 testimony by witnesses, and subpoenas duces tecum requiring
17 the production of books, papers, records or memoranda. The
18 subpoenas and subpoenas duces tecum may be served by any
19 person of full age. Any subpoena may be served in the same
20 manner as a subpoena issued out of a circuit court, and may
21 also be served by United States registered or certified mail,
22 addressed to the person concerned at his last known address,
23 and proof of such mailing shall be sufficient for the
24 purposes of Sections 7.1 through 7.295.
25 (15 ILCS 205/7.130 new)
26 Sec. 7.130. Witness fees. The fees of witnesses for
27 attendance and travel shall be the same as the fees of
28 witnesses before the circuit court of this State; such fees
29 to be paid when the witness is excused from further
30 attendance. When the witness is subpoenaed at the instance of
31 the Attorney General or any employee thereof, the fees shall
32 be paid in the same manner as other expenses of the Attorney
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1 General. If the witness is subpoenaed at the instance of any
2 other party to the proceeding, the Attorney General may
3 require that the cost of service of the subpoena or subpoena
4 duces tecum and the fee of the witness be borne by the party
5 at whose instance the witness is summoned. In such case, the
6 Attorney General may require a deposit to cover the cost of
7 such service and witness fees.
8 (15 ILCS 205/7.135 new)
9 Sec. 7.135. Compelling attendance of witness and
10 production of records. The circuit court, of the county
11 wherein the investigation or administrative hearing is held,
12 upon the application of the Attorney General or any duly
13 authorized officer or employee thereof, or upon the
14 application of any other party to the proceeding, may, in its
15 discretion, compel the attendance of witnesses, the
16 production of books, papers, records or memorandum and the
17 giving of testimony before the Attorney General or any duly
18 authorized officer or employee thereof conducting an
19 investigation or holding a hearing authorized by Sections 7.1
20 through 7.295, by an attachment for contempt, or otherwise,
21 in the same manner as production of evidence may be compelled
22 before the court.
23 (15 ILCS 205/7.140 new)
24 Sec. 7.140. Penalty for non-compliance with subpoena.
25 Any person who is served with a subpoena or subpoena duces
26 tecum, issued by the Attorney General or any duly authorized
27 officer or employee thereof, to appear and testify or to
28 produce books and papers, in the course of an investigation
29 or hearing authorized by law, and who refuses or neglects to
30 appear, or to testify, or to produce books and papers
31 relevant to such investigation or hearing, as commanded in
32 such subpoena, shall be guilty of a Class B misdemeanor.
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1 (15 ILCS 205/7.145 new)
2 Sec. 7.145. Depositions. The Attorney General or any
3 duly authorized officer or employee thereof, or any other
4 party in an investigation or hearing before the Attorney
5 General, may cause the depositions of witnesses within or
6 without the State to be taken in the manner prescribed by law
7 for like depositions in civil actions in courts of this
8 State, and to that end compel the attendance of witnesses and
9 the production of books, papers, records or memoranda.
10 (15 ILCS 205/7.150 new)
11 Sec. 7.150. Review of Attorney General decision on
12 petition for hearing. Any responsible relative affected by a
13 final administrative decision of the Attorney General in a
14 hearing, conducted pursuant to Sections 7.95 through 7.145 in
15 which such relative was a party, may have the decision
16 reviewed only under and in accordance with the Administrative
17 Review Law. The provisions of the Administrative Review Law,
18 and the rules adopted pursuant thereto, shall apply to and
19 govern all proceedings for the judicial review of such final
20 administrative decisions of the Attorney General. The term
21 "administrative decision" is defined as in Section 3-101 of
22 the Code of Civil Procedure.
23 Appeals from all final orders and judgments entered by a
24 court upon review of the Attorney General's order in any case
25 may be taken by either party to the proceeding and shall be
26 governed by the rules applicable to appeals in civil cases.
27 The remedy herein provided for appeal shall be exclusive,
28 and no court shall have jurisdiction to review the subject
29 matter of any order made by the Attorney General except as
30 herein provided.
31 (15 ILCS 205/7.155 new)
32 Sec. 7.155. Enforcement of administrative order. If a
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1 responsible relative refuses, neglects, or fails to comply
2 with a final administrative support or reimbursement order of
3 the Attorney General entered by the Child and Spouse Support
4 Unit pursuant to Section 7.80 or 7.85 or registered pursuant
5 to Section 7.180, the Child and Spouse Support Unit may file
6 suit against the responsible relative or relatives to secure
7 compliance with the administrative order.
8 Suits shall be instituted in the name of the People of
9 the State of Illinois on the relation of the Attorney General
10 of the State of Illinois and the spouse or dependent children
11 for whom the support order has been issued.
12 The court shall order the payment of the support
13 obligation, or orders for reimbursement of moneys for support
14 provided, directly to the Attorney General but the order
15 shall permit the Attorney General to direct the responsible
16 relative or relatives to make payments of support directly to
17 the spouse or dependent children, or to some person or agency
18 in his or their behalf, as provided in Section 7.50 or 7.60,
19 as applicable.
20 Whenever it is determined in a proceeding to enforce an
21 administrative order that the responsible relative is
22 unemployed, and support is sought on behalf of applicants for
23 or recipients of financial aid under Article IV of the
24 Illinois Public Aid Code or other persons who are given
25 access to the child and spouse support services of Sections
26 7.1 through 7.295 as provided in Section 7.5, the court may
27 order the responsible relative to seek employment and report
28 periodically to the court with a diary, listing or other
29 memorandum of his or her efforts in accordance with such
30 order. In addition, the court may order the unemployed
31 responsible relative to report to the Department of Human
32 Services for participation in job search, training or work
33 programs established under Section 9-6 and Article IXA of the
34 Illinois Public Aid Code or to the Illinois Department of
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1 Employment Security for job search services or to make
2 application with the local Jobs Training Partnership Act
3 provider for participation in job search, training or work
4 programs.
5 (15 ILCS 205/7.160 new)
6 Sec. 7.160. Judicial enforcement of court and
7 administrative support orders. Court orders entered in
8 proceedings under Section 7.60 and court orders for
9 enforcement of an administrative order under Section 7.155
10 and for the payment of money may be enforced by attachment as
11 for contempt against the persons of the defendants, and in
12 addition, as other judgments for the payment of money, and
13 costs may be adjudged against the defendants and apportioned
14 among them; but if the complaint is dismissed, costs shall be
15 borne by the Attorney General or the local governmental unit,
16 as the case may be. If a responsible relative is directed by
17 the Attorney General, or the local governmental unit, under
18 the conditions stated in Section 7.50, to make support
19 payments directly to the person, or to some person or agency
20 in his behalf, the court order entered against him under this
21 Section or Section 7.60 may be enforced as herein provided if
22 he thereafter fails to furnish support in accordance with its
23 terms. The State of Illinois shall not be required to make a
24 deposit for or pay any costs or fees of any court or officer
25 thereof in any proceeding instituted under this Section.
26 The provisions of the Civil Practice Law, and all
27 amendments and modifications thereof, shall apply to and
28 govern all actions instituted under this Section and Section
29 7.60. In such actions proof that a person is an applicant for
30 or recipient of public aid under any Article of the Illinois
31 Public Aid Code shall be prima facie proof that he is a
32 person in necessitous circumstances by reason of infirmity,
33 unemployment or other cause depriving him of the means of a
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1 livelihood compatible with health and well-being.
2 Payments under this Section to the Illinois Department of
3 Public Aid or the Attorney General pursuant to the Child
4 Support Enforcement Program established by Title IV-D of the
5 Social Security Act shall be paid into the Child Support
6 Enforcement Trust Fund. All other payments under this Section
7 to the Illinois Department of Public Aid shall be deposited
8 in the Public Assistance Recoveries Trust Fund. Disbursements
9 from these funds shall be as provided in Sections 12-9 and
10 12-10.2 of the Illinois Public Aid Code. Payments received by
11 a local governmental unit shall be deposited in that unit's
12 General Assistance Fund.
13 (15 ILCS 205/7.165 new)
14 Sec. 7.165. 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 as determined by the court and incorporated into
29 an order for support.
30 (2.5) "Business day" means a day on which State offices
31 are open for regular business.
32 (3) "Delinquency" means any payment under an order for
33 support which becomes due and remains unpaid after entry of
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1 the order for support.
2 (4) "Income" means any form of periodic payment to an
3 individual, regardless of source, including, but not limited
4 to: wages, salary, commission, compensation as an independent
5 contractor, workers' compensation, disability, annuity,
6 pension, and retirement benefits, lottery prize awards,
7 insurance proceeds, vacation pay, bonuses, profit-sharing
8 payments, interest, and any other payments, made by any
9 person, private entity, federal or state government, any unit
10 of local government, school district or any entity created by
11 Public Act; however, "income" excludes:
12 (a) Any amounts required by law to be withheld,
13 other than creditor claims, including, but not limited
14 to, federal, State and local taxes, Social Security and
15 other retirement and disability contributions;
16 (b) Union dues;
17 (c) Any amounts exempted by the federal Consumer
18 Credit Protection Act;
19 (d) Public assistance payments; and
20 (e) Unemployment insurance benefits except as
21 provided by law.
22 Any other State or local laws which limit or exempt
23 income or the amount or percentage of income that can be
24 withheld shall not apply.
25 (5) "Obligor" means the individual who owes a duty to
26 make payments under an order for support.
27 (6) "Obligee" means the individual to whom a duty of
28 support is owed or the individual's legal representative.
29 (7) "Payor" means any payor of income to an obligor.
30 (8) "Public office" means any elected official or any
31 State or local agency which is or may become responsible by
32 law for enforcement of, or which is or may become authorized
33 to enforce, an order for support, including, but not limited
34 to: the Attorney General, the Illinois Department of Public
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1 Aid, the Illinois Department of Human Services, the Illinois
2 Department of Children and Family Services, and the various
3 State's Attorneys, Clerks of the Circuit Court and
4 supervisors of 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 Order for Support Containing Income Withholding
11 Provisions; Income Withholding Notice.
12 (1) In addition to any content required under other
13 laws, every order for support entered on or after July 1,
14 1997, shall:
15 (a) Require an income withholding notice to be
16 prepared and served immediately upon any payor of the
17 obligor by the obligee or public office, unless a written
18 agreement is reached between and signed by both parties
19 providing for an alternative arrangement, approved and
20 entered into the record by the court, which ensures
21 payment of support. In that case, the order for support
22 shall provide that an income withholding notice is to be
23 prepared and served only if the obligor becomes
24 delinquent in paying the order for support; and
25 (b) Contain a dollar amount to be paid until
26 payment in full of any delinquency that accrues after
27 entry of the order for support. The amount for payment
28 of delinquency shall not be less than 20% of the total of
29 the current support amount and the amount to be paid
30 periodically for payment of any arrearage stated in the
31 order for support; and
32 (c) Include the obligor's Social Security Number,
33 which the obligor shall disclose to the court. If the
34 obligor is not a United States citizen, the obligor shall
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1 disclose to the court, and the court shall include in the
2 order for support, the obligor's alien registration
3 number, passport number, and home country's social
4 security or national health number, if applicable.
5 (2) At the time the order for support is entered, the
6 Clerk of the Circuit Court shall provide a copy of the order
7 to the obligor and shall make copies available to the obligee
8 and public office.
9 (3) The income withholding notice shall:
10 (a) Be in the standard format prescribed by the
11 federal Department of Health and Human Services; and
12 (b) Direct any payor to withhold the dollar amount
13 required for current support under the order for support;
14 and
15 (c) Direct any payor to withhold the dollar amount
16 required to be paid periodically under the order for
17 support for payment of the amount of any arrearage stated
18 in the order for support; and
19 (d) Direct any payor or labor union or trade union
20 to enroll a child as a beneficiary of a health insurance
21 plan and withhold or cause to be withheld, if applicable,
22 any required premiums; and
23 (e) State the amount of the payor income
24 withholding fee specified under this Section; and
25 (f) State that the amount actually withheld from
26 the obligor's income for support and other purposes,
27 including the payor withholding fee specified under this
28 Section, may not be in excess of the maximum amount
29 permitted under the federal Consumer Credit Protection
30 Act; and
31 (g) State the duties of the payor and the fines and
32 penalties for failure to withhold and pay over income and
33 for discharging, disciplining, refusing to hire, or
34 otherwise penalizing the obligor because of the duty to
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1 withhold and pay over income under this Section; and
2 (h) State the rights, remedies, and duties of the
3 obligor under this Section; and
4 (i) Include the obligor's Social Security Number;
5 and
6 (j) Include the date that withholding for current
7 support terminates, which shall be the date of
8 termination of the current support obligation set forth
9 in the order for support.
10 (4) The accrual of a delinquency as a condition for
11 service of an income withholding notice, under the exception
12 to immediate withholding in paragraph (1) of this subsection,
13 shall apply only to the initial service of an income
14 withholding notice on a payor of the obligor.
15 (5) Notwithstanding the exception to immediate
16 withholding contained in paragraph (1) of this subsection, if
17 the court finds at the time of any hearing that an arrearage
18 has accrued, the court shall order immediate service of an
19 income withholding notice upon the payor.
20 (6) If the order for support, under the exception to
21 immediate withholding contained in paragraph (1) of this
22 subsection, provides that an income withholding notice is to
23 be prepared and served only if the obligor becomes delinquent
24 in paying the order for support, the obligor may execute a
25 written waiver of that condition and request immediate
26 service on the payor.
27 (7) The obligee or public office may serve the income
28 withholding notice on the payor or its superintendent,
29 manager, or other agent by ordinary mail or certified mail
30 return receipt requested, by facsimile transmission or other
31 electronic means, by personal delivery, or by any method
32 provided by law for service of a summons. At the time of
33 service on the payor and as notice that withholding has
34 commenced, the obligee or public office shall serve a copy of
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1 the income withholding notice on the obligor by ordinary mail
2 addressed to his or her last known address. Proofs of
3 service on the payor and the obligor shall be filed with the
4 Clerk of the Circuit Court.
5 (8) At any time after the initial service of an income
6 withholding notice under this Section, any other payor of the
7 obligor may be served with the same income withholding notice
8 without further notice to the obligor.
9 (9) New service of an income withholding notice is not
10 required in order to resume withholding of income in the case
11 of an obligor with respect to whom an income withholding
12 notice was previously served on the payor if withholding of
13 income was terminated because of an interruption in the
14 obligor's employment of less than 180 days.
15 (C) Income Withholding After Accrual of Delinquency.
16 (1) Whenever an obligor accrues a delinquency, the
17 obligee or public office may prepare and serve upon the
18 obligor's payor an income withholding notice that:
19 (a) Contains the information required under
20 paragraph (3) of subsection (B); and
21 (b) Contains a computation of the period and total
22 amount of the delinquency as of the date of the notice;
23 and
24 (c) Directs the payor to withhold the dollar amount
25 required to be withheld periodically under the order for
26 support for payment of the delinquency.
27 (2) The income withholding notice and the obligor's copy
28 of the income withholding notice shall be served as provided
29 in paragraph (7) of subsection (B).
30 (3) The obligor may contest withholding commenced under
31 this subsection by filing a petition to contest withholding
32 with the Clerk of the Circuit Court within 20 days after
33 service of a copy of the income withholding notice on the
34 obligor. However, the grounds for the petition to contest
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1 withholding shall be limited to:
2 (a) A dispute concerning the existence or amount of
3 the delinquency; or
4 (b) The identity of the obligor.
5 The Clerk of the Circuit Court shall notify the obligor
6 and the obligee or public office of the time and place of the
7 hearing on the petition to contest withholding. The court
8 shall hold the hearing pursuant to the provisions of
9 subsection (F).
10 (D) Initiated Withholding.
11 (1) Notwithstanding any other provision of this Section,
12 if the court has not required that income withholding take
13 effect immediately, the obligee or public office may initiate
14 withholding, regardless of whether a delinquency has accrued,
15 by preparing and serving an income withholding notice on the
16 payor that contains the information required under paragraph
17 (3) of subsection (B) and states that the parties' written
18 agreement providing an alternative arrangement to immediate
19 withholding under paragraph (1) of subsection (B) no longer
20 ensures payment of support and the reason or reasons why it
21 does not.
22 (2) The income withholding notice and the obligor's copy
23 of the income withholding notice shall be served as provided
24 in paragraph (7) of subsection (B).
25 (3) The obligor may contest withholding commenced under
26 this subsection by filing a petition to contest withholding
27 with the Clerk of the Circuit Court within 20 days after
28 service of a copy of the income withholding notice on the
29 obligor. However, the grounds for the petition shall be
30 limited to a dispute concerning:
31 (a) whether the parties' written agreement
32 providing an alternative arrangement to immediate
33 withholding under paragraph (1) of subsection (B)
34 continues to ensure payment of support; or
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1 (b) the identity of the obligor.
2 It shall not be grounds for filing a petition that the
3 obligor has made all payments due by the date of the
4 petition.
5 (4) If the obligor files a petition contesting
6 withholding within the 20-day period required under paragraph
7 (3), 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. The court shall
10 hold the hearing pursuant to the provisions of subsection
11 (F).
12 (E) Duties of Payor.
13 (1) It shall be the duty of any payor who has been
14 served with an income withholding notice to deduct and pay
15 over income as provided in this subsection. The payor shall
16 deduct the amount designated in the income withholding
17 notice, as supplemented by any notice provided pursuant to
18 paragraph (6) of subsection (G), beginning no later than the
19 next payment of income which is payable or creditable to the
20 obligor that occurs 14 days following the date the income
21 withholding notice was mailed, sent by facsimile or other
22 electronic means, or placed for personal delivery to or
23 service on the payor. The payor may combine all amounts
24 withheld for the benefit of an obligee or public office into
25 a single payment and transmit the payment with a listing of
26 obligors from whom withholding has been effected. The payor
27 shall pay the amount withheld to the obligee or public office
28 within 7 business days after the date the amount would (but
29 for the duty to withhold income) have been paid or credited
30 to the obligor. If the payor knowingly fails to pay any
31 amount withheld to the obligee or public office within 7
32 business days after the date the amount would have been paid
33 or credited to the obligor, the payor shall pay a penalty of
34 $100 for each day that the withheld amount is not paid to the
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1 obligee or public office after the period of 7 business days
2 has expired. The failure of a payor, on more than one
3 occasion, to pay amounts withheld to the obligee or public
4 office within 7 business days after the date the amount would
5 have been paid or credited to the obligor creates a
6 presumption that the payor knowingly failed to pay over the
7 amounts. This penalty, along with any amounts required to be
8 withheld and paid, may be collected in a civil action which
9 may be brought against the payor in favor of the obligee or
10 public office. A finding of a payor's nonperformance within
11 the time required under this Section must be documented by a
12 certified mail return receipt showing the date the income
13 withholding notice was served on the payor. For purposes of
14 this Section, a withheld amount shall be considered paid by a
15 payor on the date it is mailed by the payor, or on the date
16 an electronic funds transfer of the amount has been initiated
17 by the payor, or on the date delivery of the amount has been
18 initiated by the payor. For each deduction, the payor shall
19 provide the obligee or public office, at the time of
20 transmittal, with the date the amount would (but for the duty
21 to withhold income) have been paid or credited to the
22 obligor. The payor shall not be required to vary the normal
23 pay and disbursement cycles in order to comply with this
24 paragraph.
25 Upon receipt of an income withholding notice requiring
26 that a minor child be named as a beneficiary of a health
27 insurance plan available through an employer or labor union
28 or trade union, the employer or labor union or trade union
29 shall immediately enroll the minor child as a beneficiary in
30 the health insurance plan designated by the income
31 withholding notice. The employer shall withhold any required
32 premiums and pay over any amounts so withheld and any
33 additional amounts the employer pays to the insurance carrier
34 in a timely manner. The employer or labor union or trade
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1 union shall mail to the obligee, within 15 days of enrollment
2 or upon request, notice of the date of coverage, information
3 on the dependent coverage plan, and all forms necessary to
4 obtain reimbursement for covered health expenses, such as
5 would be made available to a new employee. When an order for
6 dependent coverage is in effect and the insurance coverage is
7 terminated or changed for any reason, the employer or labor
8 union or trade union shall notify the obligee within 10 days
9 of the termination or change date along with notice of
10 conversion privileges.
11 For withholding of income, the payor shall be entitled to
12 receive a fee not to exceed $5 per month to be taken from the
13 income to be paid to the obligor.
14 (2) Whenever the obligor is no longer receiving income
15 from the payor, the payor shall return a copy of the income
16 withholding notice to the obligee or public office and shall
17 provide information for the purpose of enforcing this
18 Section.
19 (3) Withholding of income under this Section shall be
20 made without regard to any prior or subsequent garnishments,
21 attachments, wage assignments, or any other claims of
22 creditors. Withholding of income under this Section shall
23 not be in excess of the maximum amounts permitted under the
24 federal Consumer Credit Protection Act. If the payor has been
25 served with more than one income withholding notice
26 pertaining to the same obligor, the payor shall allocate
27 income available for withholding on a proportionate share
28 basis, giving priority to current support payments. If there
29 is any income available for withholding after withholding for
30 all current support obligations, the payor shall allocate the
31 income to past due support payments ordered in cases in which
32 cash assistance under the Illinois Public Aid Code is not
33 being provided to the obligee and then to past due support
34 payments ordered in cases in which cash assistance under the
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1 Illinois Public Aid Code is being provided to the obligee,
2 both on a proportionate share basis. A payor who complies
3 with an income withholding notice that is regular on its face
4 shall not be subject to civil liability with respect to any
5 individual, any agency, or any creditor of the obligor for
6 conduct in compliance with the notice.
7 (4) No payor shall discharge, discipline, refuse to hire
8 or otherwise penalize any obligor because of the duty to
9 withhold income.
10 (F) Petitions to Contest Withholding or to Modify, Suspend,
11 Terminate, or Correct Income Withholding Notices.
12 (1) When an obligor files a petition to contest
13 withholding, the court, after due notice to all parties,
14 shall hear the matter as soon as practicable and shall enter
15 an order granting or denying relief, ordering service of an
16 amended income withholding notice, where applicable, or
17 otherwise resolving the matter.
18 The court shall deny the obligor's petition if the court
19 finds that when the income withholding notice was mailed,
20 sent by facsimile transmission or other electronic means, or
21 placed for personal delivery to or service on the payor:
22 (a) A delinquency existed; or
23 (b) The parties' written agreement providing an
24 alternative arrangement to immediate withholding under
25 paragraph (1) of subsection (B) no longer ensured payment
26 of support.
27 (2) At any time, an obligor, obligee, public office or
28 Clerk of the Circuit Court may petition the court to:
29 (a) Modify, suspend or terminate the income
30 withholding notice because of a modification, suspension
31 or termination of the underlying order for support; or
32 (b) Modify the amount of income to be withheld to
33 reflect payment in full or in part of the delinquency or
34 arrearage by income withholding or otherwise; or
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1 (c) Suspend the income withholding notice because
2 of inability to deliver income withheld to the obligee
3 due to the obligee's failure to provide a mailing address
4 or other means of delivery.
5 (3) At any time an obligor may petition the court to
6 correct a term contained in an income withholding notice to
7 conform to that stated in the underlying order for support
8 for:
9 (a) The amount of current support;
10 (b) The amount of the arrearage;
11 (c) The periodic amount for payment of the
12 arrearage; or
13 (d) The periodic amount for payment of the
14 delinquency.
15 (4) The obligor, obligee or public office shall serve on
16 the payor, in the manner provided for service of income
17 withholding notices in paragraph (7) of subsection (B), a
18 copy of any order entered pursuant to this subsection that
19 affects the duties of the payor.
20 (5) At any time, a public office or Clerk of the Circuit
21 Court may serve a notice on the payor to:
22 (a) Cease withholding of income for payment of
23 current support for a child when the support obligation
24 for that child has automatically ceased under the order
25 for support through emancipation or otherwise; or
26 (b) Cease withholding of income for payment of
27 delinquency or arrearage when the delinquency or
28 arrearage has been paid in full.
29 (6) The notice provided for under paragraph (5) of this
30 subsection shall be served on the payor in the manner
31 provided for service of income withholding notices in
32 paragraph (7) of subsection (B), and a copy shall be provided
33 to the obligor and the obligee.
34 (7) The income withholding notice shall continue to be
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1 binding upon the payor until service of an amended income
2 withholding notice or any order of the court or notice
3 entered or provided for under this subsection.
4 (G) Additional Duties.
5 (1) An obligee who is receiving income withholding
6 payments under this Section shall notify the payor, if the
7 obligee receives the payments directly from the payor, or the
8 public office or the Clerk of the Circuit Court, as
9 appropriate, of any change of address within 7 days of such
10 change.
11 (2) An obligee who is a recipient of public aid shall
12 send a copy of any income withholding notice served by the
13 obligee to the Attorney General.
14 (3) Each obligor shall notify the obligee, the public
15 office, and the Clerk of the Circuit Court of any change of
16 address within 7 days.
17 (4) An obligor whose income is being withheld or who has
18 been served with a notice of delinquency pursuant to this
19 Section shall notify the obligee, the public office, and the
20 Clerk of the Circuit Court of any new payor, within 7 days.
21 (5) When the Office of the Attorney General is no longer
22 authorized to receive payments for the obligee, it shall,
23 within 7 days, notify the payor or, where appropriate, the
24 Clerk of the Circuit Court, to redirect income withholding
25 payments to the obligee.
26 (6) The obligee or public office shall provide notice to
27 the payor and Clerk of the Circuit Court of any other support
28 payment made, including but not limited to, a set-off under
29 federal and State law or partial payment of the delinquency
30 or arrearage, or both.
31 (7) Any public office and Clerk of the Circuit Court
32 which collects, disburses or receives payments pursuant to
33 income withholding notices shall maintain complete, accurate,
34 and clear records of all payments and their disbursements.
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1 Certified copies of payment records maintained by a public
2 office or Clerk of the Circuit Court shall, without further
3 proof, be admitted into evidence in any legal proceedings
4 under this Section.
5 (8) The Attorney General shall design suggested legal
6 forms for proceeding under this Section and shall make
7 available to the courts such forms and informational
8 materials which describe the procedures and remedies set
9 forth herein for distribution to all parties in support
10 actions.
11 (9) At the time of transmitting each support payment,
12 the clerk of the circuit court shall provide the obligee or
13 public office, as appropriate, with any information furnished
14 by the payor as to the date the amount would (but for the
15 duty to withhold income) have been paid or credited to the
16 obligor.
17 (H) Penalties.
18 (1) Where a payor wilfully fails to withhold or pay over
19 income pursuant to a properly served income withholding
20 notice, or wilfully discharges, disciplines, refuses to hire
21 or otherwise penalizes an obligor as prohibited by subsection
22 (E), or otherwise fails to comply with any duties imposed by
23 this Section, the obligee, public office or obligor, as
24 appropriate, may file a complaint with the court against the
25 payor. The clerk of the circuit court shall notify the
26 obligee or public office, as appropriate, and the obligor and
27 payor of the time and place of the hearing on the complaint.
28 The court shall resolve any factual dispute including, but
29 not limited to, a denial that the payor is paying or has paid
30 income to the obligor. Upon a finding in favor of the
31 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 (J) Remedies in Addition to Other Laws.
8 (1) The rights, remedies, duties and penalties created
9 by this Section are in addition to and not in substitution
10 for any other rights, remedies, duties and penalties created
11 by any other law.
12 (2) Nothing in this Section shall be construed as
13 invalidating any assignment of wages or benefits executed
14 prior to January 1, 1984 or any order for withholding served
15 prior to July 1, 1997.
16 (15 ILCS 205/7.170 new)
17 Sec. 7.170. Posting security, bond or guarantee to
18 secure payment. The court may require the responsible
19 relative to post security or bond or give some other
20 guarantee of a character and amount sufficient to assure
21 payment of any amount of support due.
22 (15 ILCS 205/7.172 new)
23 Sec. 7.172. Information concerning obligors.
24 (a) In this Section:
25 "Arrearage", "delinquency", "obligor", and "order for
26 support" have the meanings attributed to those terms in
27 Section 7.165 of this Act.
28 "Consumer reporting agency" has the meaning attributed to
29 that term in Section 603(f) of the Fair Credit Reporting Act,
30 15 U.S.C. 1681a(f).
31 (b) Whenever a court of competent jurisdiction finds
32 that an obligor either owes an arrearage of more than $10,000
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1 or is delinquent in payment of an amount equal to at least 3
2 months' support obligation pursuant to an order for support,
3 the court shall direct the clerk of the court to make
4 information concerning the obligor available to consumer
5 reporting agencies.
6 (c) Whenever a court of competent jurisdiction finds
7 that an obligor either owes an arrearage of more than $10,000
8 or is delinquent in payment of an amount equal to at least 3
9 months' support obligation pursuant to an order for support,
10 the court shall direct the clerk of the court to cause the
11 obligor's name and address to be published in a newspaper of
12 general circulation in the area in which the obligor resides.
13 The clerk shall cause the obligor's name and address to be
14 published only after sending to the obligor at the obligor's
15 last known address, by certified mail, return receipt
16 requested, a notice of intent to publish the information.
17 This subsection (c) applies only if the obligor resides in
18 the county in which the clerk of the court holds office.
19 (15 ILCS 205/7.175 new)
20 Sec. 7.175. Other actions and remedies for support. The
21 procedures, actions and remedies provided in Sections 7.1
22 through 7.295 shall in no way be exclusive, but shall be
23 available in addition to other actions and remedies of
24 support, including, but not by way of limitation, the
25 remedies provided in the Paternity Act, the Non-Support of
26 Spouse and Children Act, and the Revised Uniform Reciprocal
27 Enforcement of Support Act.
28 (15 ILCS 205/7.180 new)
29 Sec. 7.180. Administrative order by registration. The
30 Attorney General may provide by rule for the registration of
31 a support order entered by a court or administrative body of
32 this or any other State. Registration shall be for the sole
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1 purpose of enforcing the registered order and shall not
2 confer jurisdiction on the Attorney General for any other
3 purpose, including modification. Upon registration, such
4 support order shall become an administrative order of the
5 Child and Spouse Support Unit by operation of law. The rule
6 shall provide for notice to and an opportunity to be heard by
7 the responsible relative affected and any final
8 administrative decision rendered by the Attorney General
9 shall be reviewed only under and in accordance with the
10 Administrative Review Law.
11 Any new or existing support order registered by the
12 Attorney General under this Section shall be deemed to be a
13 series of judgments against the person obligated to pay
14 support thereunder, each such judgment to be in the amount of
15 each payment or installment of support and each such judgment
16 to be deemed entered as of the date the corresponding payment
17 or installment becomes due under the terms of the support
18 order. Each such judgment shall be enforceable in the same
19 manner as any other judgment in this State. A lien arises by
20 operation of law against the real and personal property of
21 the noncustodial parent for each installment of overdue
22 support owed by the noncustodial parent.
23 (15 ILCS 205/7.185 new)
24 Sec. 7.185. Income withholding by administrative order.
25 The Attorney General may provide by rule for entry of an
26 administrative support order containing income withholding
27 provisions and for service and enforcement of an income
28 withholding notice, by the Child and Spouse Support Unit
29 based upon and in the same manner as prescribed by Section
30 7.165. The penalties provided in Section 7.165 shall apply
31 hereto and shall be enforced by filing an action under that
32 Section. The rule shall provide for notice to and an
33 opportunity to be heard by the responsible relative affected
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1 and any final administrative decision rendered by the
2 Attorney General shall be reviewed only under and in
3 accordance with the Administrative Review Law.
4 (15 ILCS 205/7.190 new)
5 Sec. 7.190. Federal income tax refund intercept. The
6 Attorney General may provide by rule for certification to the
7 Department of Health and Human Services of past due support
8 owed by responsible relatives under a support order entered
9 by a court or administrative body of this or any other State
10 on behalf of resident or non-resident persons. The purpose
11 of certification shall be to intercept federal income tax
12 refunds due such relatives in order to satisfy such past due
13 support in whole or in part.
14 The rule shall provide for notice to and an opportunity
15 to be heard by the responsible relative affected and any
16 final administrative decision rendered by the Attorney
17 General shall be reviewed only under and in accordance with
18 the Administrative Review Law. Certification shall be
19 accomplished in accordance with Title IV, Part D of the
20 federal Social Security Act and rules and regulations
21 promulgated thereunder.
22 (15 ILCS 205/7.195 new)
23 Sec. 7.195. Security, bond or guarantee to secure
24 payment. The Attorney General may provide by rule for the
25 requiring of, or for the requesting of the court to require,
26 a responsible relative to post security or bond or give some
27 other guarantee of a character and amount sufficient to
28 assure payment of any amount due under a support order
29 entered by a court or administrative body of this or any
30 other State on behalf of resident or non-resident persons.
31 The rule shall provide for notice to and an opportunity to be
32 heard by each responsible relative affected and any final
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1 administrative decision rendered by the Attorney General
2 shall be reviewed only under and in accordance with the
3 Administrative Review Law.
4 (15 ILCS 205/7.200 new)
5 Sec. 7.200. State income tax refund and other payment
6 intercept. The Attorney General may provide by rule for
7 certification to the Comptroller of past due support owed by
8 responsible relatives under a support order entered by a
9 court or administrative body of this or any other State on
10 behalf of resident or non-resident persons. The purpose of
11 certification shall be to intercept state income tax refunds
12 and other payments due such relatives in order to satisfy
13 such past due support, in whole or in part, whether or not
14 such support is owed to the State. The rule shall provide
15 (i) for notice to and an opportunity to be heard by the
16 responsible relative and any joint payee affected, (ii) that
17 any final administrative decision rendered by the Attorney
18 General shall be reviewed only under and in accordance with
19 the Administrative Review Law, (iii) for distribution of
20 intercepted moneys in accordance with the federal Personal
21 Responsibility and Work Opportunity Reconciliation Act of
22 1996, and (iv) for provision of the responsible relative's
23 social security number (or numbers if the responsible
24 relative has more than one such number) and home address to
25 the Illinois Department of Public Aid and to the Attorney
26 General. In any case where a state income tax refund is
27 intercepted wrongfully or erroneously, the Attorney General
28 shall pay to such relative and any joint payee affected the
29 amount of the refund plus interest, if any, on such amount at
30 the rate of 9% per annum (or at such adjusted rate as is
31 established under Section 6621(b) of the Internal Revenue
32 Code). Interest shall be calculated from the date the
33 Attorney General receives the refund or from 60 days
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1 following the date the Attorney General receives a request to
2 be heard, whichever is later, until the date of payment to
3 such relative and joint payee.
4 (15 ILCS 205/7.205 new)
5 Sec. 7.205. Past due support information to licensing
6 agencies. The Attorney General may provide by rule for
7 certification to any State licensing agency of past due
8 support owed by responsible relatives under a support order
9 entered by a court or administrative body of this or any
10 other State on behalf of resident or non-resident persons.
11 The rule shall provide for notice to and an opportunity to be
12 heard by each responsible relative affected and any final
13 administrative decision rendered by the Attorney General
14 shall be reviewed only under and in accordance with the
15 Administrative Review Law.
16 (15 ILCS 205/7.210 new)
17 Sec. 7.210. Administrative determination of paternity.
18 The Attorney General may provide by rule for the
19 administrative determination of paternity by the Child and
20 Spouse Support Unit in cases involving applicants for or
21 recipients of financial aid under Article IV of the Illinois
22 Public Aid Code and other persons who are given access to the
23 child and spouse support services of this Article as provided
24 in Section 7.5, including persons similarly situated and
25 receiving similar services in other states. The rules shall
26 extend to cases in which the mother and alleged father
27 voluntarily acknowledge paternity in the form required by the
28 Attorney General, or agree to be bound by the results of
29 genetic testing, or in which the alleged father has failed to
30 respond to a notification of support obligation issued under
31 Section 7.30, and for purposes of the program provided for
32 under Section 12-4.31 of the Illinois Public Aid Code to
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1 cases of contested paternity involving only applicants for or
2 recipients of assistance under Articles IV, V, and VI of the
3 Illinois Public Aid Code. Any presumption provided for under
4 the Illinois Parentage Act of 1984 shall apply to cases in
5 which paternity is determined under the rules of the Attorney
6 General. The rules shall provide for notice and an
7 opportunity to be heard by the responsible relative affected
8 if paternity is not voluntarily acknowledged, and any final
9 administrative decision rendered by the Attorney General
10 shall be reviewed only under and in accordance with the
11 Administrative Review Law. Determinations of paternity made
12 by the Attorney General under the rules authorized by this
13 Section shall have the full force and effect of a court
14 judgment of paternity entered under the Illinois Parentage
15 Act of 1984.
16 In determining paternity in contested cases, the Attorney
17 General shall conduct the evidentiary hearing in accordance
18 with Section 11 of the Parentage Act of 1984, except that
19 references in that Section to "the court" shall be deemed to
20 mean the Attorney General's hearing officer in cases in which
21 paternity is determined administratively by the Attorney
22 General.
23 The Attorney General shall provide by rule for procedures for
24 genetic testing in accordance with any applicable federal
25 laws.
26 Notwithstanding any other provision of Sections 7.1
27 through 7.295, and regarding only cases included in the
28 program provided for under Section 12-4.31 of the Illinois
29 Public Aid Code, a default determination of paternity may be
30 made if service of the notice under Section 7.30 was made by
31 publication under the rules for administrative paternity
32 determination authorized by this Section. The rules as they
33 pertain to service by publication shall (i) be based on the
34 provisions of Section 2-206 and 2-207 of the Code of Civil
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1 Procedure, (ii) provide for service by publication in cases
2 in which the whereabouts of the alleged father are unknown
3 after diligent location efforts by the Child and Spouse
4 Support Unit, and (iii) provide for publication of a notice
5 of default paternity determination in the same manner that
6 the notice under Section 7.30 was published.
7 Notwithstanding the limitation on review of final
8 administrative decisions contained in the first paragraph of
9 this Section, a man administratively determined to be the
10 father of a child by default, if the notice under Section
11 7.30 was served by publication, may bring a petition in the
12 circuit court for relief from the administrative
13 determination of paternity on the same grounds provided for
14 relief from judgments under Section 2-1401 of the Code of
15 Civil Procedure. The petition must be filed not later than 2
16 years after notice of the default determination was published
17 in accordance with the rules of the Attorney General.
18 Allegations in the petition made without reasonable cause and
19 found to be untrue shall subject the petitioner or his
20 attorney, or both, to the payment of reasonable costs and
21 attorney's fees incurred by the Attorney General in defending
22 against the petition.
23 The Attorney General may implement this Section through
24 the use of emergency rules in accordance with Section 5-45 of
25 the Illinois Administrative Procedure Act. For purposes of
26 the Illinois Administrative Procedure Act, the adoption of
27 rules to implement this Section shall be considered an
28 emergency and necessary for the public interest, safety, and
29 welfare.
30 (15 ILCS 205/7.215 new)
31 Sec. 7.215. New birth certificate. The Attorney General
32 shall notify the Department of Public Health of a final
33 determination of parentage and a voluntary acknowledgment of
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1 paternity made under the rules authorized by Section 7.210,
2 and the Department of Public Health shall issue a new
3 certificate of birth pursuant to Section 17 of the Vital
4 Records Act.
5 (15 ILCS 205/7.220 new)
6 Sec. 7.220. Past due support information to State
7 Department of Revenue.
8 (a) The Attorney General may provide by rule for
9 certification to the Illinois Department of Revenue of past
10 due support owed by responsible relatives under a support
11 order entered by a court or administrative body of this or
12 any other State on behalf of resident or non-resident
13 persons. The rule shall provide for notice to and an
14 opportunity to be heard by each responsible relative
15 affected. Any final administrative decision rendered by the
16 Attorney General shall be reviewed only under and in
17 accordance with the Administrative Review Law. A responsible
18 relative may avoid certification to the Illinois Department
19 of Revenue by establishing a satisfactory repayment record as
20 determined by the Attorney General.
21 (b) A certified past due support amount shall be final.
22 The certified amount shall be payable to the Illinois
23 Department of Revenue upon written notification of the
24 certification to the responsible relative by the Illinois
25 Department of Revenue.
26 (c) In the event a responsible relative overpays
27 pursuant to collection under this Section and the applicable
28 Sections of the Illinois Income Tax Act, the overpayment
29 shall be a credit against future support obligations. If the
30 current support obligation of the responsible relative has
31 terminated under operation of law or court order, any moneys
32 overpaid but still in the possession of the Attorney General
33 shall be promptly returned to the responsible relative.
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1 (d) Except as otherwise provided in this Article, any
2 child support delinquency certified to the Illinois
3 Department of Revenue shall be treated as a child support
4 delinquency for all other purposes, and any collection action
5 by the State's Attorney or the Illinois Department of Revenue
6 with respect to any delinquency certified under Sections 7.1
7 through 7.295 shall have the same priority against
8 attachment, execution, assignment, or other collection action
9 as is provided by any other provision of State law.
10 (e) Any child support delinquency collected by the
11 Illinois Department of Revenue, including those amounts that
12 result in overpayment of a child support delinquency, shall
13 be deposited in, or transferred to, the Child Support
14 Enforcement Trust Fund.
15 (15 ILCS 205/7.221 new)
16 Sec. 7.221. Requests to other states for administrative
17 enforcement. The Attorney General may provide by rule for the
18 procedures to be followed in the administrative enforcement
19 of interstate cases. The rule may provide for responses to
20 requests made by other states to enforce support orders in
21 accordance with any applicable federal laws and regulations,
22 for certification to other states' child support enforcement
23 agencies of past due support owed by responsible relatives
24 under a support order entered by a court or administrative
25 body of this or any other state on behalf of resident or
26 nonresident persons (including certification of the amount of
27 support in arrears and of compliance with all procedural due
28 process requirements), and for maintenance of records
29 relating to interstate cases. The purpose of certification
30 shall be to request the other states' assistance in
31 administrative enforcement of the support orders. The rule
32 shall provide for notice to and an opportunity to be heard by
33 the responsible relative affected, and any final
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1 administrative decision rendered by the Attorney General
2 shall be reviewed only under and in accordance with the
3 Administrative Review Law.
4 (15 ILCS 205/7.223 new)
5 Sec. 7.223. Grandparents' support obligation. If the
6 noncustodial parent of a child is an unemancipated minor,
7 then to the extent that the minor parent has insufficient
8 financial resources to fulfill his or her support
9 responsibilities to the child, the parents of that minor
10 parent are jointly and severally responsible for any child
11 support for the child of that minor parent if that child is a
12 recipient of assistance under the State's plan for aid and
13 services to needy families with children.
14 (15 ILCS 205/7.225 new)
15 Sec. 7.225. Recoveries; deductibility of direct
16 relatives' support payment. In any actions for the recovery
17 of the financial aid, including actions for the enforcement
18 of estate and lien claims, amounts contributed by responsible
19 relatives either voluntarily or by court or administrative
20 order and paid to the Illinois Department of Public Aid or to
21 a local governmental unit shall be deducted from the claim of
22 the State or the governmental unit.
23 (15 ILCS 205/7.230 new)
24 Sec. 7.230. Support payments ordered under other laws.
25 The Attorney General, Illinois Department of Public Aid, and
26 local governmental units are authorized to receive payments
27 directed by court order for the support of recipients, as
28 provided in the following Acts:
29 (1) The Non-Support of Spouse and Children Act.
30 (2) The Illinois Marriage and Dissolution of
31 Marriage Act.
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1 (3) The Illinois Parentage Act.
2 (4) The Revised Uniform Reciprocal Enforcement of
3 Support Act.
4 (5) The Juvenile Court Act or the Juvenile Court
5 Act of 1987.
6 (6) The Unified Code of Corrections.
7 (7) Part 7 of Article XII of the Code of Civil
8 Procedure.
9 (8) Part 8 of Article XII of the Code of Civil
10 Procedure.
11 (9) Other laws which may provide by judicial order
12 for direct payment of support moneys.
13 Payments under this Section to the Illinois Department of
14 Public Aid or the Attorney General pursuant to the Child
15 Support Enforcement Program established by Title IV-D of the
16 Social Security Act shall be paid into the Child Support
17 Enforcement Trust Fund. All other payments under this Section
18 to the Illinois Department of Public Aid shall be deposited
19 in the Public Assistance Recoveries Trust Fund. Disbursements
20 from these funds shall be as provided in Sections 12-9 and
21 12-10.2 of the Illinois Public Aid Code. Payments received by
22 a local governmental unit shall be deposited in that unit's
23 General Assistance Fund.
24 (15 ILCS 205/7.235 new)
25 Sec. 7.235. Amnesty program. The Attorney General may
26 provide by rule for the establishment of a child support
27 enforcement amnesty program for responsible relatives who owe
28 support under Sections 7.1 through 7.295, to the extent
29 permitted by federal law and regulation. The rule shall
30 provide for the suspending of specified enforcement actions,
31 the duration of the suspension period or periods, the action
32 the responsible relative must take to avoid future
33 enforcement action, and the announcement of the program.
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1 (15 ILCS 205/7.240 new)
2 Sec. 7.240. Collection of past-due child support charge.
3 The Attorney General may collect, on behalf of the Illinois
4 Department of Public Aid, any one-time charge imposed on the
5 amount of past-due child support in accordance with Section
6 10-21 of the Illinois Public Aid Code, subsection (c) of
7 Section 505 of the Illinois Marriage and Dissolution of
8 Marriage Act, Section 3 of the Non-Support of Spouse and
9 Children Act, Section 24 of the Revised Uniform Reciprocal
10 Enforcement of Support Act, and subsection (g) of Section 14
11 of the Illinois Parentage Act of 1984.
12 (15 ILCS 205/7.245 new)
13 Sec. 7.245. State employees. The Attorney General, upon
14 receipt of a statement of child support obligation provided
15 under the Child Support Information Act, shall review its
16 records and take appropriate action to enforce the child
17 support obligation if the State employee is a responsible
18 relative in a case receiving child and spouse support
19 services under Sections 7.1 through 7.295.
20 (15 ILCS 205/7.250 new)
21 Sec. 7.250. Employer obligations. If a parent is
22 required by a court or administrative order for support to
23 provide coverage for a child's health care expenses and if
24 that coverage is available to the parent through an employer
25 who does business in this State, the employer must do all of
26 the following upon receipt of a copy of the order of support
27 or order for withholding:
28 (1) The employer shall, upon the parent's request,
29 permit the parent to include in that coverage a child who
30 is otherwise eligible for that coverage, without regard
31 to any enrollment season restrictions that might
32 otherwise be applicable as to the time period within
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1 which the child may be added to that coverage.
2 (2) If the parent has health care coverage through
3 the employer but fails to apply for coverage of the
4 child, the employer shall include the child in the
5 parent's coverage upon application by the child's other
6 parent or the Attorney General.
7 (3) The employer may not eliminate any child from
8 the parent's health care coverage unless the employee is
9 no longer employed by the employer and no longer covered
10 under the employer's group health plan or unless the
11 employer is provided with satisfactory written evidence
12 of either of the following:
13 (A) The court or administrative order is no
14 longer in effect.
15 (B) The child is or will be included in a
16 comparable health care plan obtained by the parent
17 under such order that is currently in effect or will
18 take effect no later than the date the prior
19 coverage is terminated.
20 The employer may eliminate a child from a parent's
21 health care coverage if the employer has eliminated
22 dependent health care coverage for all of its employees.
23 (15 ILCS 205/7.255 new)
24 Sec. 7.255. Definitions. In this Section through
25 Section 7.285:
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
33 bank or saving institution the deposits of which are
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1 insured pursuant to the Federal Deposit Insurance Act, or
2 any uninsured branch or agency of a foreign bank or a
3 commercial lending company owned or controlled by a
4 foreign bank;
5 (3) a federal depository institution, which is any
6 national bank, any federal savings association, or any
7 federal branch;
8 (4) a state depository institution, which is any
9 state bank, any state savings association, or any insured
10 branch which is not a federal branch;
11 (5) a federal credit union, which is a cooperative
12 association organized in accordance with the provisions
13 of the Federal Credit Union Act;
14 (6) a state chartered credit union which is
15 organized and operated according to the laws of this or
16 any other state, which laws provide for the organization
17 of credit unions similar in principle and objectives to
18 federal credit unions; and
19 (7) any benefit association, insurance company,
20 safe deposit company, money market mutual fund, or
21 similar entity authorized to do business in this State.
22 "Financial record" has the meaning given to that term in
23 Section 1101 of the federal Right to Financial Privacy Act of
24 1978 (12 U.S.C. 3401).
25 (15 ILCS 205/7.260 new)
26 Sec. 7.260. Financial institutions data matches.
27 (a) The Attorney General may design and implement a data
28 match system pursuant to which the Attorney General shall
29 enter into agreements with financial institutions doing
30 business in this State for the purpose of identifying
31 accounts as defined in Section 7.255 of responsible relatives
32 who owe past-due child support.
33 (b) Every agreement entered into with a financial
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1 institution under this Section shall provide, at the option
2 of the financial institution, either (i) that the financial
3 institution shall compare data concerning account holders,
4 owners, or customers who maintain one or more accounts as
5 defined in Section 7.255 at the financial institution with
6 data concerning individuals identified by the Attorney
7 General as responsible relatives who owe past-due child
8 support and for each of whom the Attorney General shall
9 provide the name, record address, and social security number
10 or tax identification number, or (ii) that the financial
11 institution shall provide the social security number or tax
12 identification number of the account holders, owners, or
13 customers who maintain one or more accounts as defined in
14 Section 7.255 at the financial institution to the Attorney
15 General, who shall compare that data with data concerning
16 individuals identified as responsible relatives who owe
17 past-due child support.
18 (c) Every agreement shall provide that the Attorney
19 General shall pay to the financial institution providing or
20 comparing the data a reasonable fee not to exceed the
21 institution's actual cost of providing the data or performing
22 the comparison.
23 (d) If the financial institution or Attorney General
24 determines that the name and either social security number or
25 tax identification number of an individual identified by the
26 Attorney General under subsection (b) match the name and
27 either social security number or tax identification number of
28 the account holder, owner, or customer who maintains one or
29 more accounts as defined in Section 7.255 at the financial
30 institution, then the financial institution shall report the
31 individual's name and either social security number or tax
32 identification number to the Attorney General, for each
33 calendar quarter in which the individual is identified by the
34 Attorney General as a responsible relative who owes past-due
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1 child support.
2 (15 ILCS 205/7.265 new)
3 Sec. 7.265. Types of accounts to be reported. The
4 reporting requirements of Section 7.260 regarding accounts as
5 defined in Section 7.255 apply to individual accounts, joint
6 accounts, and sole proprietorship accounts. In the case of a
7 joint account, the account holder or owner shall be deemed to
8 be the primary account holder or owner established by the
9 financial institution in accordance with federal 1099
10 reporting requirements.
11 (15 ILCS 205/7.270 new)
12 Sec. 7.270. Accommodation of financial institutions.
13 The Attorney General shall make a reasonable effort to
14 accommodate those financial institutions on which the
15 requirements of Sections 7.1 through 7.295 would impose a
16 hardship. In the case of a non-automated financial
17 institution, a paper copy including either social security
18 numbers or tax identification numbers is an acceptable
19 format. In order to allow for data processing
20 implementation, no agreement shall become effective earlier
21 than 90 days after its execution.
22 (15 ILCS 205/7.275 new)
23 Sec. 7.275. Financial institution's charges on account.
24 (a) If the Attorney General requests a financial
25 institution to hold or encumber assets in an account as
26 defined in Section 7.255, the financial institution at which
27 the account as defined in Section 7.255 is maintained may
28 charge and collect its normally scheduled account activity
29 fees to maintain the account during the period of time the
30 account assets are held or encumbered.
31 (b) If the Attorney General takes any action to enforce
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1 a lien or levy imposed on an account, as defined in Section
2 7.255, under Section 7.295, the financial institution at
3 which the account is maintained may charge to the account a
4 fee of up to $50 and shall deduct the amount of the fee from
5 the account before remitting any moneys from the account to
6 the Attorney General.
7 (15 ILCS 205/7.280 new)
8 Sec. 7.280. Confidentiality. All information provided
9 by a financial institution under Sections 7.255 through 7.285
10 is confidential and may be used only for the purpose of
11 enforcing payment of child support. The Attorney General
12 shall adopt rules to safeguard any confidential information
13 received from a financial institution.
14 (15 ILCS 205/7.285 new)
15 Sec. 7.285. Financial institution's freedom from
16 liability. A financial institution that provides information
17 under Sections 7.255 through 7.285 shall not be liable to any
18 account holder, owner, or other person in any civil,
19 criminal, or administrative action for any of the following:
20 (1) Disclosing the required information to the
21 Attorney General, any other provisions of the law not
22 withstanding.
23 (2) Holding, encumbering, or surrendering any of an
24 individual's accounts as defined in Section 7.255 in
25 response to a lien or order to withhold and deliver
26 issued by:
27 (A) the Attorney General under Sections 7.290
28 and 7.295; or
29 (B) a person or entity acting on behalf of the
30 Attorney General.
31 (3) Any other action taken or omission made in good
32 faith to comply with Sections 7.255 through 7.285,
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1 including individual or mechanical errors, provided that
2 the action or omission does not constitute gross
3 negligence or willful misconduct.
4 (15 ILCS 205/7.290 new)
5 Sec. 7.290. Administrative liens and levies on real
6 property for past-due child support.
7 (a) The State shall have a lien on all legal and
8 equitable interests of responsible relatives in their real
9 property in the amount of past-due child support owing
10 pursuant to an order for child support entered under Sections
11 7.60 and 7.80 of this Act or Sections 10-10 and 10-11 of the
12 Illinois Public Aid Code or under the Illinois Marriage and
13 Dissolution of Marriage Act, the Non-Support of Spouse and
14 Children Act, the Uniform Interstate Family Support Act, or
15 the Illinois Parentage Act of 1984.
16 (b) The Attorney General shall provide by rule for
17 notice to and an opportunity to be heard by each responsible
18 relative affected, and any final administrative decision
19 rendered by the Attorney General shall be reviewed only under
20 and in accordance with the Administrative Review Law.
21 (c) When enforcing a lien under subsection (a) of this
22 Section, the Attorney General shall have the authority to
23 execute notices of administrative liens and levies, which
24 shall contain the name and address of the responsible
25 relative, a legal description of the real property to be
26 levied, the fact that a lien is being claimed for past-due
27 child support, and such other information as the Attorney
28 General may by rule prescribe. The Attorney General shall
29 record the notice of lien with the recorder or registrar of
30 titles of the county or counties in which the real estate is
31 located.
32 (d) The State's lien under subsection (a) shall be
33 enforceable upon the recording or filing of a notice of lien
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1 with the recorder or registrar of titles of the county or
2 counties in which the real estate is located. The lien shall
3 be prior to any lien thereafter recorded or filed and shall
4 be notice to a subsequent purchaser, assignor, or
5 encumbrancer of the existence and nature of the lien. The
6 lien shall be inferior to the lien of general taxes, special
7 assessment, and special taxes heretofore or hereafter levied
8 by any political subdivision or municipal corporation of the
9 State.
10 In the event that title to the land to be affected by the
11 notice of lien is registered under the Registered Titles
12 (Torrens) Act, the notice shall be filed in the office of the
13 registrar of titles as a memorial or charge upon each folium
14 of the register of titles affected by the notice; but the
15 State shall not have a preference over the rights of any bona
16 fide purchaser, mortgagee, judgment creditor, or other lien
17 holders registered prior to the registration of the notice.
18 (e) The recorder or registrar of titles of each county
19 shall procure a file labeled "Child Support Lien Notices" and
20 an index book labeled "Child Support Lien Notices". When
21 notice of any lien is presented to the recorder or registrar
22 of titles for filing, the recorder or registrar of titles
23 shall file it in numerical order in the file and shall enter
24 it alphabetically in the index. The entry shall show the
25 name and last known address of the person named in the
26 notice, the serial number of the notice, the date and hour of
27 filing, and the amount of child support due at the time when
28 the lien is filed.
29 (f) The Attorney General shall not be required to
30 furnish bond or make a deposit for or pay any costs or fees
31 of any court or officer thereof in any legal proceeding
32 involving the lien.
33 (g) To protect the lien of the State for past-due child
34 support, the Attorney General may, from funds that are
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1 available for that purpose, pay or provide for the payment of
2 necessary or essential repairs, purchase tax certificates,
3 pay balances due on land contracts, or pay or cause to be
4 satisfied any prior liens on the property to which the lien
5 hereunder applies.
6 (h) A lien on real property under this Section shall be
7 released pursuant to Section 12-101 of the Code of Civil
8 Procedure.
9 (i) The Attorney General, acting in behalf of the State,
10 may foreclose the lien in a judicial proceeding to the same
11 extent and in the same manner as in the enforcement of other
12 liens. The process, practice, and procedure for the
13 foreclosure shall be the same as provided in the Code of
14 Civil Procedure.
15 (15 ILCS 205/7.295 new)
16 Sec. 7.295. Administrative liens and levies on personal
17 property for past-due child support.
18 (a) The State shall have a lien on all legal and
19 equitable interests of responsible relatives in their
20 personal property, including any account in a financial
21 institution as defined in Section 7.255, or in the case of an
22 insurance company or benefit association only in accounts as
23 defined in Section 7.255, in the amount of past-due child
24 support owing pursuant to an order for child support entered
25 under Sections 7.60 and 7.80 of this Act or Sections 10-10
26 and 10-11 of the Illinois Public Aid 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 Attorney General 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 Attorney General shall be reviewed only under
2 and in accordance with the Administrative Review Law.
3 (c) When enforcing a lien under subsection (a) of this
4 Section, the Attorney General 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 Attorney General may by
10 rule prescribe. The Attorney General may serve the notice of
11 lien or levy upon any financial institution where the
12 accounts as defined in Section 7.255 of the responsible
13 relative may be held, for encumbrance or surrender of the
14 accounts as defined in Section 7.255 by the financial
15 institution.
16 (d) The Attorney General shall enforce its lien against
17 the responsible relative's personal property, other than
18 accounts as defined in Section 7.255 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 Attorney General 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 Attorney General 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 7.255 shall expire upon the passage of 120 days from the date
3 of issuance of the Notice of Lien or Levy by the Attorney
4 General. However, the lien shall remain in effect during the
5 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 7.255.
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 7.255, 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 Section 10. The Illinois Administrative Procedure Act is
20 amended by changing Section 10-65 as follows:
21 (5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
22 Sec. 10-65. Licenses.
23 (a) When any licensing is required by law to be preceded
24 by notice and an opportunity for a hearing, the provisions of
25 this Act concerning contested cases shall apply.
26 (b) When a licensee has made timely and sufficient
27 application for the renewal of a license or a new license
28 with reference to any activity of a continuing nature, the
29 existing license shall continue in full force and effect
30 until the final agency decision on the application has been
31 made unless a later date is fixed by order of a reviewing
32 court.
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1 (c) An application for the renewal of a license or a new
2 license shall include the applicant's social security number.
3 Each agency shall require the licensee to certify on the
4 application form, under penalty of perjury, that he or she is
5 not more than 30 days delinquent in complying with a child
6 support order. Every application shall state that failure to
7 so certify shall result in disciplinary action, and that
8 making a false statement may subject the licensee to contempt
9 of court. The agency shall notify each applicant or licensee
10 who 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 (before the effective date of this
29 amendatory Act of 1997) or the Attorney General (on and after
30 that date) has previously determined that an applicant or a
31 licensee is more than 30 days delinquent in the payment of
32 child support and has subsequently certified the delinquency
33 to the licensing agency, the licensing agency shall refuse to
34 issue or renew or shall revoke or suspend that person's
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1 license based solely upon the certification of delinquency
2 made by the Department of Public Aid or the Attorney General.
3 Further process, hearings, or redetermination of the
4 delinquency by the licensing agency shall not be required.
5 The licensing agency may issue or renew a license if the
6 licensee has arranged for payment of past and current child
7 support obligations in a manner satisfactory to the
8 Department of Public Aid (before the effective date of this
9 amendatory Act of 1997) or the Attorney General (on and after
10 that date). The licensing agency may impose conditions,
11 restrictions, or disciplinary action upon that license.
12 (d) Except as provided in subsection (c), no agency
13 shall revoke, suspend, annul, withdraw, amend materially, or
14 refuse to renew any valid license without first giving
15 written notice to the licensee of the facts or conduct upon
16 which the agency will rely to support its proposed action and
17 an opportunity for a hearing in accordance with the
18 provisions of this Act concerning contested cases. At the
19 hearing, the licensee shall have the right to show compliance
20 with all lawful requirements for the retention, continuation,
21 or renewal of the license. If, however, the agency finds
22 that the public interest, safety, or welfare imperatively
23 requires emergency action, and if the agency incorporates a
24 finding to that effect in its order, summary suspension of a
25 license may be ordered pending proceedings for revocation or
26 other action. Those proceedings shall be promptly instituted
27 and determined.
28 (e) Any application for renewal of a license that
29 contains required and relevant information, data, material,
30 or circumstances that were not contained in an application
31 for the existing license shall be subject to the provisions
32 of subsection (a).
33 (Source: P.A. 89-6, eff. 3-6-95; 90-18, eff. 7-1-97.)
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1 Section 15. 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 (before the effective date
16 of this amendatory Act of 1997) or the Attorney General (on
17 and after that date) and public agencies for the
18 establishment and enforcement of child support orders and for
19 the exchange of information that may be necessary for the
20 enforcement of those child support orders.
21 (Source: P.A. 89-6, eff. 3-6-95; 90-18, eff. 7-1-97.)
22 Section 17. The New Hire Reporting Act is amended by
23 changing Section 35 as follows:
24 (20 ILCS 1020/35)
25 Sec. 35. Attorney General's Department of Public Aid
26 duties. The Attorney General Department of Public Aid shall
27 establish a community advisory committee for oversight of the
28 implementation process, toll-free telephone lines for
29 employers with child support questions, an expedited hearing
30 process for non-custodial parents who contest an employer's
31 execution of an order for withholding and brochures and
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1 public service announcements that inform the general public
2 about the New Hire Directory and how to utilize it, within
3 the federal and State confidentiality laws, in pursuit of
4 child support.
5 (Source: P.A. 90-425, eff. 8-15-97.)
6 Section 20. The Civil Administrative Code of Illinois is
7 amended by changing Section 60 as follows:
8 (20 ILCS 2105/60) (from Ch. 127, par. 60)
9 Sec. 60. Powers and duties. The Department of
10 Professional Regulation shall have, subject to the provisions
11 of this Act, the following powers and duties:
12 1. To authorize examinations in English to ascertain the
13 qualifications and fitness of applicants to exercise the
14 profession, trade, or occupation for which the examination is
15 held.
16 2. To prescribe rules and regulations for a fair and
17 wholly impartial method of examination of candidates to
18 exercise the respective professions, trades, or occupations.
19 3. To pass upon the qualifications of applicants for
20 licenses, certificates, and authorities, whether by
21 examination, by reciprocity, or by endorsement.
22 4. To prescribe rules and regulations defining, for the
23 respective professions, trades, and occupations, what shall
24 constitute a school, college, or university, or department of
25 a university, or other institutions, reputable and in good
26 standing and to determine the reputability and good standing
27 of a school, college, or university, or department of a
28 university, or other institution, reputable and in good
29 standing by reference to a compliance with such rules and
30 regulations: provided, that no school, college, or
31 university, or department of a university or other
32 institution that refuses admittance to applicants solely on
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1 account of race, color, creed, sex, or national origin shall
2 be considered reputable and in good standing.
3 5. To conduct hearings on proceedings to revoke,
4 suspend, refuse to renew, place on probationary status, or
5 take other disciplinary action as may be authorized in any
6 licensing Act administered by the Department with regard to
7 licenses, certificates, or authorities of persons exercising
8 the respective professions, trades, or occupations, and to
9 revoke, suspend, refuse to renew, place on probationary
10 status, or take other disciplinary action as may be
11 authorized in any licensing Act administered by the
12 Department with regard to such licenses, certificates, or
13 authorities. The Department shall issue a monthly
14 disciplinary report. The Department shall deny any license
15 or renewal authorized by this Act to any person who has
16 defaulted on an educational loan or scholarship provided by
17 or guaranteed by the Illinois Student Assistance Commission
18 or any governmental agency of this State; however, the
19 Department may issue a license or renewal if the
20 aforementioned persons have established a satisfactory
21 repayment record as determined by the Illinois Student
22 Assistance Commission or other appropriate governmental
23 agency of this State. Additionally, beginning June 1, 1996,
24 any license issued by the Department may be suspended or
25 revoked if the Department, after the opportunity for a
26 hearing under the appropriate licensing Act, finds that the
27 licensee has failed to make satisfactory repayment to the
28 Illinois Student Assistance Commission for a delinquent or
29 defaulted loan. For the purposes of this Section,
30 "satisfactory repayment record" shall be defined by rule. The
31 Department shall refuse to issue or renew a license to, or
32 shall suspend or revoke a license of, any person who, after
33 receiving notice, fails to comply with a subpoena or warrant
34 relating to a paternity or child support proceeding.
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1 However, the Department may issue a license or renewal upon
2 compliance with the subpoena or warrant.
3 The Department, without further process or hearings,
4 shall revoke, suspend, or deny any license or renewal
5 authorized by this Act to a person who is certified by the
6 Illinois Department of Public Aid (before the effective date
7 of this amendatory Act of 1997) or the Attorney General (on
8 and after that date) as being more than 30 days delinquent in
9 complying with a child support order; the Department may,
10 however, issue a license or renewal if the person has
11 established a satisfactory repayment record as determined by
12 the Illinois Department of Public Aid (before the effective
13 date of this amendatory Act of 1997) or the Attorney General
14 (on and after that date). The Department may implement this
15 paragraph as added by Public Act 89-6 through the use of
16 emergency rules in accordance with Section 5-45 of the
17 Illinois Administrative Procedure Act. For purposes of the
18 Illinois Administrative Procedure Act, the adoption of rules
19 to implement this paragraph shall be considered an emergency
20 and necessary for the public interest, safety, and welfare.
21 6. To transfer jurisdiction of any realty under the
22 control of the Department to any other Department of the
23 State Government, or to acquire or accept Federal lands, when
24 such transfer, acquisition or acceptance is advantageous to
25 the State and is approved in writing by the Governor.
26 7. To formulate rules and regulations as may be
27 necessary for the enforcement of any act administered by the
28 Department.
29 8. To exchange with the Illinois Department of Public
30 Aid (before the effective date of this amendatory Act of
31 1997) or the Attorney General (on and after that date)
32 information that may be necessary for the enforcement of
33 child support orders entered pursuant to the Attorney General
34 Act, the Illinois Public Aid Code, the Illinois Marriage and
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1 Dissolution of Marriage Act, the Non-Support of Spouse and
2 Children Act, the Revised Uniform Reciprocal Enforcement of
3 Support Act, the Uniform Interstate Family Support Act, or
4 the Illinois Parentage Act of 1984. Notwithstanding any
5 provisions in this Code to the contrary, the Department of
6 Professional Regulation shall not be liable under any federal
7 or State law to any person for any disclosure of information
8 to the Illinois Department of Public Aid or the Attorney
9 General under this paragraph 8 or for any other action taken
10 in good faith to comply with the requirements of this
11 paragraph 8.
12 9. To require an applicant for any new license or for
13 the renewal of a license to provide his or her social
14 security number on the license application form.
15 10. 9. To perform such other duties as may be
16 prescribed by law.
17 The Department may, when a fee is payable to the
18 Department for a wall certificate of registration provided by
19 the Department of Central Management Services, require that
20 portion of the payment for printing and distribution costs be
21 made directly or through the Department, to the Department of
22 Central Management Services for deposit in the Paper and
23 Printing Revolving Fund, the remainder shall be deposited in
24 the General Revenue Fund.
25 For the purpose of securing and preparing evidence, and
26 for the purchase of controlled substances, professional
27 services, and equipment necessary for enforcement activities,
28 recoupment of investigative costs and other activities
29 directed at suppressing the misuse and abuse of controlled
30 substances, including those activities set forth in Sections
31 504 and 508 of the Illinois Controlled Substances Act, the
32 Director and agents appointed and authorized by the Director
33 may expend such sums from the Professional Regulation
34 Evidence Fund as the Director deems necessary from the
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1 amounts appropriated for that purpose and such sums may be
2 advanced to the agent when the Director deems such procedure
3 to be in the public interest. Sums for the purchase of
4 controlled substances, professional services, and equipment
5 necessary for enforcement activities and other activities as
6 set forth in this Section shall be advanced to the agent who
7 is to make such purchase from the Professional Regulation
8 Evidence Fund on vouchers signed by the Director. The
9 Director and such agents are authorized to maintain one or
10 more commercial checking accounts with any State banking
11 corporation or corporations organized under or subject to the
12 Illinois Banking Act for the deposit and withdrawal of moneys
13 to be used for the purposes set forth in this Section;
14 provided, that no check may be written nor any withdrawal
15 made from any such account except upon the written signatures
16 of 2 persons designated by the Director to write such checks
17 and make such withdrawals. Vouchers for such expenditures
18 must be signed by the Director and all such expenditures
19 shall be audited by the Director and the audit shall be
20 submitted to the Department of Central Management Services
21 for approval.
22 Whenever the Department is authorized or required by law
23 to consider some aspect of criminal history record
24 information for the purpose of carrying out its statutory
25 powers and responsibilities, then, upon request and payment
26 of fees in conformance with the requirements of subsection 22
27 of Section 55a of the Civil Administrative Code of Illinois,
28 the Department of State Police is authorized to furnish,
29 pursuant to positive identification, such information
30 contained in State files as is necessary to fulfill the
31 request.
32 The provisions of this Section do not apply to private
33 business and vocational schools as defined by Section 1 of
34 the Private Business and Vocational Schools Act.
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1 Beginning July 1, 1995, this Section does not apply to
2 those professions, trades, and occupations licensed under the
3 Real Estate License Act of 1983 nor does it apply to any
4 permits, certificates, or other authorizations to do business
5 provided for in the Land Sales Registration Act of 1989 or
6 the Illinois Real Estate Time-Share Act.
7 (Source: P.A. 89-6, eff. 3-6-95; 89-23, eff. 7-1-95; 89-237,
8 eff. 8-4-95; 89-411, eff. 6-1-96; 89-626, eff. 8-9-96; 90-18,
9 eff. 7-1-97.)
10 Section 25. The Civil Administrative Code of Illinois is
11 amended by changing Section 39b52 as follows:
12 (20 ILCS 2505/39b52)
13 Sec. 39b52. Collection of past due support. Upon
14 certification of past due child support amounts from the
15 Department of Public Aid (before the effective date of this
16 amendatory Act of 1997) or the Attorney General (on and after
17 that date), the Department of Revenue may collect the
18 delinquency in any manner authorized for the collection of
19 any tax administered by the Department of Revenue. The
20 Department of Revenue shall notify the Department of Public
21 Aid (before the effective date of this amendatory Act of
22 1997) or the Attorney General (on and after that date) when
23 the delinquency or any portion of the delinquency has been
24 collected under this Section. Any child support delinquency
25 collected by the Department of Revenue, including those
26 amounts that result in overpayment of a child support
27 delinquency, shall be deposited in, or transferred to, the
28 Child Support Enforcement Trust Fund. The Department of
29 Revenue may implement this Section through the use of
30 emergency rules in accordance with Section 5-45 of the
31 Illinois Administrative Procedure Act. For purposes of the
32 Illinois Administrative Procedure Act, the adoption of rules
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1 to implement this Section shall be considered an emergency
2 and necessary for the public interest, safety, and welfare.
3 (Source: P.A. 89-6, eff. 12-31-95; 90-491, eff. 1-1-98.)
4 Section 30. The Illinois Public Aid Code is amended by
5 adding Section 10-1.5 and changing Sections 10-21, 12-4.7c,
6 12-4.31, 12-10.2, and 12-16 as follows:
7 (305 ILCS 5/10-1.5 new)
8 Sec. 10-1.5. Transfer of powers to Attorney General.
9 (a) On the effective date of this amendatory Act of
10 1997, all the rights, powers, and duties vested by law in the
11 Illinois Department or the Illinois Department's Child and
12 Spouse Support Unit under this Article X are transferred to
13 the Attorney General as provided in Sections 7.1 through
14 7.295 of the Attorney General Act.
15 (b) The Illinois Department shall provide to the
16 Attorney General all information in the Illinois Department's
17 possession concerning recipients that is necessary to enable
18 the Attorney General to perform the duties prescribed in
19 Sections 7.1 through 7.295 of the Attorney General Act.
20 (305 ILCS 5/10-21) (from Ch. 23, par. 10-21)
21 Sec. 10-21. The Illinois Department may provide by rule
22 for the imposition of a one-time charge of 20% of the amount
23 of past-due child support owed on July 1, 1988, by
24 responsible relatives of persons receiving support services
25 under this Article X, which has accrued under a support order
26 entered by a court or administrative body of this or any
27 other State, on behalf of resident or non-resident persons.
28 The rule shall provide for notice to, and an opportunity to
29 be heard by, the responsible relative affected and any final
30 administrative decision rendered by the Department shall be
31 reviewed only under and in accordance with the Administrative
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1 Review Law. No action to impose the charge shall be
2 commenced after June 30, 1993. Action under this Section
3 shall be subject to the limitations of Section 10-20 of this
4 Code.
5 On and after the effective date of this amendatory Act of
6 1997, the Attorney General may collect, on behalf of the
7 Illinois Department, any charge imposed in accordance with
8 this Section. Nothing in this amendatory Act of 1997 shall
9 be construed to affect the validity of any charge imposed in
10 accordance with this Section.
11 (Source: P.A. 85-114.)
12 (305 ILCS 5/12-4.7c)
13 Sec. 12-4.7c. Exchange of information after July 1, 1997.
14 (a) The Department of Human Services shall exchange with
15 the Illinois Department of Public Aid (before the effective
16 date of this amendatory Act of 1997) or the Attorney General
17 (on and after that date) information that may be necessary
18 for the enforcement of child support orders entered pursuant
19 to Sections 10-10 and 10-11 of this Code or Sections 7.60 and
20 7.80 of the Attorney General Act or pursuant to the Illinois
21 Marriage and Dissolution of Marriage Act, the Non-Support of
22 Spouse and Children Act, the Revised Uniform Reciprocal
23 Enforcement of Support Act, the Uniform Interstate Family
24 Support Act, or the Illinois Parentage Act of 1984.
25 (b) Notwithstanding any provisions in this Code to the
26 contrary, the Department of Human Services shall not be
27 liable to any person for any disclosure of information to the
28 Illinois Department of Public Aid or the Attorney General
29 under subsection (a) or for any other action taken in good
30 faith to comply with the requirements of subsection (a).
31 (Source: P.A. 90-18, eff. 7-1-97.)
32 (305 ILCS 5/12-4.31)
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1 Sec. 12-4.31. Paternity establishment and continued
2 eligibility.
3 (a) In this Section, "nonmarital child" means a child
4 born to a woman who was not married to the child's father at
5 the time of the child's birth.
6 (b) The Illinois Department is authorized to conduct a
7 paternity establishment and continued eligibility program as
8 a demonstration program in certain geographic areas as
9 defined by rule. Upon completion of the demonstration, the
10 Illinois Department may expand the program statewide. If the
11 Illinois Department, as part of the demonstration program or
12 statewide program, makes administrative determinations of
13 paternity, it shall do so according to rules adopted under
14 Section 7.210 of the Attorney General Act 10-17.7.
15 Under the paternity establishment and continued
16 eligibility program, the custodial parent of a nonmarital
17 child otherwise eligible for assistance under Article IV, V,
18 or VI of this Code shall receive assistance for the custodial
19 parent and that child for no longer than 6 full months
20 unless:
21 (1) the paternity of the child is established
22 before the beginning of or within the 6-month period;
23 (2) the parent has fully cooperated with efforts to
24 establish the child's paternity, but, through no fault of
25 the parent, paternity has not been established;
26 (3) the parent begins to receive assistance while a
27 court action to establish the child's paternity is
28 pending, and the parent continues to cooperate with the
29 Illinois Department's efforts to establish paternity;
30 (4) the parent attests under oath to fear of abuse
31 by the putative father of the child and provides
32 documentation to substantiate that fear, or the parent
33 claims good cause for failing to cooperate in the
34 establishment of paternity due to rape by an unknown
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1 assailant, and the person is found to be exempt from
2 cooperating to establish paternity under rules adopted by
3 the Illinois Department;
4 (5) the parent has not yet given birth to the
5 nonmarital child; or
6 (6) the putative father of the child is
7 incarcerated and inaccessible to the process for
8 establishing the child's paternity.
9 (b) The 6-month period referred to in subsection (a)
10 shall begin on the date the first full monthly payment of
11 assistance is made, if the parent applied for assistance on
12 or after the effective date of this amendatory Act of 1995.
13 That 6-month period shall begin on the effective date of this
14 amendatory Act of 1995 if the parent was receiving assistance
15 on behalf of the nonmarital child on the effective date of
16 this amendatory Act of 1995.
17 (c) The Illinois Department shall apply for all waivers
18 of federal law and regulations necessary to implement this
19 Section. Implementation of this Section is conditioned upon
20 the Illinois Department's receipt of those waivers.
21 (d) The Illinois Department may implement this Section
22 through the use of emergency rules in accordance with Section
23 5-45 of the Illinois Administrative Procedure Act. For
24 purposes of the Illinois Administrative Procedure Act, the
25 adoption of rules to implement this Section shall be
26 considered an emergency and necessary for the public
27 interest, safety, and welfare.
28 (Source: P.A. 89-6, eff. 3-6-95.)
29 (305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2)
30 Sec. 12-10.2. The Child Support Enforcement Trust Fund,
31 to be held by the State Treasurer as ex-officio custodian
32 outside the State Treasury, pursuant to the Child Support
33 Enforcement Program established by Title IV-D of the Social
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1 Security Act, shall consist of (1) all support payments
2 received by the Attorney General Illinois Department under
3 Sections 7.50, 7.60, 7.160, and 7.230 of the Attorney General
4 Act 10-8, 10-10, 10-16 and 10-19 that are required by such
5 Sections to be paid into the Child Support Enforcement Trust
6 Fund, and (2) all federal grants received by the Attorney
7 General Illinois Department funded by Title IV-D of the
8 Social Security Act, except those federal funds received
9 under the Title IV-D program as reimbursement for
10 expenditures from the General Revenue Fund, and (3) incentive
11 payments received by the Attorney General Illinois Department
12 from other states or political subdivisions of other states
13 for the enforcement and collection by the Attorney General
14 Department of an assigned child support obligation in behalf
15 of such other states or their political subdivisions pursuant
16 to the provisions of Title IV-D of the Social Security Act,
17 and (4) incentive payments retained by the Attorney General
18 Illinois Department from the amounts which otherwise would be
19 paid to the Federal government to reimburse the Federal
20 government's share of the support collection for the Attorney
21 General's Department's enforcement and collection of an
22 assigned support obligation on behalf of the State of
23 Illinois pursuant to the provisions of Title IV-D of the
24 Social Security Act, and (5) all fees charged by the Attorney
25 General Department for child support enforcement services, as
26 authorized under Title IV-D of the Social Security Act and
27 Section 7.5 of the Attorney General Act 10-1 of this Code,
28 and any other fees, costs, fines, recoveries, or penalties
29 provided for by State or federal law and received by the
30 Attorney General Department under the Child Support
31 Enforcement Program established by Title IV-D of the Social
32 Security Act, and (6) all amounts appropriated by the General
33 Assembly for deposit into the Fund.
34 Disbursements from this Fund shall be only for the
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1 following purposes: (1) for the reimbursement of funds
2 received by the Attorney General Illinois Department through
3 error or mistake, and (2) for payments to non-recipients,
4 current recipients and former recipients of financial aid of
5 support payments received on their behalf under Sections 7.1
6 through 7.295 of the Attorney General Act Article X of this
7 Code, pursuant to the provisions of Title IV-D of the Social
8 Security Act and rules promulgated by the Department, and (3)
9 for payment of any administrative expenses, including payment
10 to the Health Insurance Reserve Fund for group insurance
11 costs at the rate certified by the Department of Central
12 Management Services, except those required to be paid from
13 the General Revenue Fund, including personal and contractual
14 services, incurred in performing the Title IV-D activities
15 authorized by Sections 7.1 through 7.295 of the Attorney
16 General Act Article X of this Code, and (4) for the
17 reimbursement of the Public Assistance Emergency Revolving
18 Fund for expenditures made from that Fund for payments to
19 former recipients of public aid for child support made to the
20 Attorney General Illinois Department when the former public
21 aid recipient is legally entitled to all or part of the child
22 support payments, pursuant to the provisions of Title IV-D of
23 the Social Security Act, and (5) for the payment of incentive
24 amounts owed to other states or political subdivisions of
25 other states that enforce and collect an assigned support
26 obligation on behalf of the State of Illinois pursuant to the
27 provisions of Title IV-D of the Social Security Act, and (6)
28 for the payment of incentive amounts owed to political
29 subdivisions of the State of Illinois that enforce and
30 collect an assigned support obligation on behalf of the State
31 pursuant to the provisions of Title IV-D of the Social
32 Security Act, and (7) for payments of any amounts which are
33 reimbursable to the Federal government which are required to
34 be paid by State warrant by either the State or Federal
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1 government. Disbursements from this Fund shall be by warrants
2 drawn by the State Comptroller on receipt of vouchers duly
3 executed and certified by the Attorney General Illinois
4 Department or any other State agency that receives an
5 appropriation from the Fund.
6 The balance in this Fund on the first day of each
7 calendar quarter, after payment therefrom of any amounts
8 reimbursable to the Federal government, and minus the amount
9 reasonably anticipated to be needed to make disbursements
10 during the quarter authorized by this Section, shall be
11 certified by the Attorney General Director of the Illinois
12 Department and transferred by the State Comptroller to the
13 General Revenue Fund in the State Treasury within 30 days of
14 the first day of each calendar quarter.
15 The balance transferred to the General Revenue Fund for
16 any fiscal year shall be not less than ten percent of the
17 total support payments received, and retained pursuant to the
18 provisions of Title IV-D of the Social Security Act, on
19 behalf of persons receiving financial assistance under
20 Article IV of this Code which were required to be deposited
21 to this Fund during that fiscal year. The above described
22 payments received and retained shall include the State and
23 Federal share of such payments.
24 (Source: P.A. 89-21, eff. 7-1-95; 89-499, eff. 6-28-96;
25 90-18, eff. 7-1-97.)
26 (305 ILCS 5/12-16) (from Ch. 23, par. 12-16)
27 Sec. 12-16. Public Aid Claims Enforcement Division of
28 Office of Attorney General. The Public Aid Claims
29 Enforcement Division in the Office of the Attorney General,
30 established pursuant to the 1949 Code, shall institute in
31 behalf of the State all court actions referred to it by the
32 Illinois Department of Public Aid, or the Department of Human
33 Services (as successor to the Illinois Department of Public
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1 Aid) and the Attorney General under this Code and other laws
2 for the recovery of financial aid provided under the public
3 aid programs, the enforcement of obligations of support, and
4 the enforcement of other claims, penalties and obligations.
5 The Division shall be staffed with attorneys appointed by
6 the Attorney General as Special Assistant Attorneys' General
7 whose special duty it shall be to execute the aforesaid
8 duties. The Assistant Attorneys' General shall be assigned
9 exclusively to such duties. They may engage only in such
10 political activities as are not prohibited by the Hatch
11 Political Activity Act, Title 5, U. S. C. A., Sections
12 118i et seq.
13 The Attorney General may request the appropriate State's
14 Attorney of a county or staff of the Child and Spouse Support
15 Unit established under Section 10-3.1 of this Code to
16 institute any such action in behalf of the State or to assist
17 the Attorney General in the prosecution of actions instituted
18 by his Office.
19 (Source: P.A. 89-507, eff. 7-1-97.)
20 (305 ILCS 5/10-1 rep.)
21 (305 ILCS 5/10-2 rep.)
22 (305 ILCS 5/10-3 rep.)
23 (305 ILCS 5/10-3.1 rep.)
24 (305 ILCS 5/10-3.2 rep.)
25 (305 ILCS 5/10-3.3 rep.)
26 (305 ILCS 5/10-3.4 rep.)
27 (305 ILCS 5/10-4 rep.)
28 (305 ILCS 5/10-5 rep.)
29 (305 ILCS 5/10-6 rep.)
30 (305 ILCS 5/10-7 rep.)
31 (305 ILCS 5/10-8 rep.)
32 (305 ILCS 5/10-8.1 rep.)
33 (305 ILCS 5/10-9 rep.)
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1 (305 ILCS 5/10-10 rep.)
2 (305 ILCS 5/10-10.1 rep.)
3 (305 ILCS 5/10-10.2 rep.)
4 (305 ILCS 5/10-10.3 rep.)
5 (305 ILCS 5/10-11 rep.)
6 (305 ILCS 5/10-11.1 rep.)
7 (305 ILCS 5/10-12 rep.)
8 (305 ILCS 5/10-13 rep.)
9 (305 ILCS 5/10-13.1 rep.)
10 (305 ILCS 5/10-13.2 rep.)
11 (305 ILCS 5/10-13.3 rep.)
12 (305 ILCS 5/10-13.4 rep.)
13 (305 ILCS 5/10-13.5 rep.)
14 (305 ILCS 5/10-13.6 rep.)
15 (305 ILCS 5/10-13.7 rep.)
16 (305 ILCS 5/10-13.8 rep.)
17 (305 ILCS 5/10-13.9 rep.)
18 (305 ILCS 5/10-13.10 rep.)
19 (305 ILCS 5/10-14 rep.)
20 (305 ILCS 5/10-15 rep.)
21 (305 ILCS 5/10-16 rep.)
22 (305 ILCS 5/10-16.2 rep.)
23 (305 ILCS 5/10-16.3 rep.)
24 (305 ILCS 5/10-17 rep.)
25 (305 ILCS 5/10-17.1 rep.)
26 (305 ILCS 5/10-17.2 rep.)
27 (305 ILCS 5/10-17.3 rep.)
28 (305 ILCS 5/10-17.4 rep.)
29 (305 ILCS 5/10-17.5 rep.)
30 (305 ILCS 5/10-17.6 rep.)
31 (305 ILCS 5/10-17.7 rep.)
32 (305 ILCS 5/10-17.8 rep.)
33 (305 ILCS 5/10-17.9 rep.)
34 (305 ILCS 5/10-17.11 rep.)
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1 (305 ILCS 5/10-18 rep.)
2 (305 ILCS 5/10-19 rep.)
3 (305 ILCS 5/10-20 rep.)
4 (305 ILCS 5/10-22 rep.)
5 (305 ILCS 5/10-23 rep.)
6 (305 ILCS 5/10-24 rep.)
7 (305 ILCS 5/10-24.5 rep.)
8 (305 ILCS 5/10-24.30 rep.)
9 (305 ILCS 5/10-24.35 rep.)
10 (305 ILCS 5/10-24.40 rep.)
11 (305 ILCS 5/10-24.45 rep.)
12 (305 ILCS 5/10-24.50 rep.)
13 (305 ILCS 5/10-25 rep.)
14 (305 ILCS 5/10-25.5 rep.)
15 (305 ILCS 5/12-4.3 rep.)
16 Section 35. The Illinois Public Aid Code is amended by
17 repealing Sections 10-1 through 10-20, Sections 10-22 through
18 10-25.5, and Section 12-4.3.
19 Section 40. The Vital Records Act is amended by changing
20 Sections 12, 17, and 22 as follows:
21 (410 ILCS 535/12) (from Ch. 111 1/2, par. 73-12)
22 Sec. 12. Live births; place of registration.
23 (1) Each live birth which occurs in this State shall be
24 registered with the local or subregistrar of the district in
25 which the birth occurred as provided in this Section, within
26 7 days after the birth. When a birth occurs on a moving
27 conveyance, the city, village, township, or road district in
28 which the child is first removed from the conveyance shall be
29 considered the place of birth and a birth certificate shall
30 be filed in the registration district in which the place is
31 located.
32 (2) When a birth occurs in an institution, the person in
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1 charge of the institution or his designated representative
2 shall obtain and record all the personal and statistical
3 particulars relative to the parents of the child that are
4 required to properly complete the live birth certificate;
5 shall secure the required personal signatures on the hospital
6 worksheet; shall prepare the certificate from this worksheet;
7 and shall file the certificate with the local registrar. The
8 institution shall retain the hospital worksheet permanently
9 or as otherwise specified by rule. The physician in
10 attendance shall verify or provide the date of birth and
11 medical information required by the certificate, within 24
12 hours after the birth occurs.
13 (3) When a birth occurs outside an institution, the
14 certificate shall be prepared and filed by one of the
15 following in the indicated order of priority:
16 (a) The physician in attendance at or immediately
17 after the birth, or in the absence of such a person,
18 (b) Any other person in attendance at or
19 immediately after the birth, or in the absence of such a
20 person,
21 (c) The father, the mother, or in the absence of
22 the father and the inability of the mother, the person in
23 charge of the premises where the birth occurred.
24 (4) Unless otherwise provided in this Act, if the mother
25 was not married to the father of the child at either the time
26 of conception or the time of birth, the name of the father
27 shall be entered on the child's birth certificate only if the
28 mother and the person to be named as the father have signed
29 an acknowledgment of parentage in accordance with subsection
30 (5).
31 Unless otherwise provided in this Act, if the mother was
32 married at the time of conception or birth and the presumed
33 father (that is, the mother's husband) is not the biological
34 father of the child, the name of the biological father shall
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1 be entered on the child's birth certificate only if, in
2 accordance with subsection (5), (i) the mother and the person
3 to be named as the father have signed an acknowledgment of
4 parentage and (ii) the mother and presumed father have signed
5 a denial of paternity.
6 (5) Upon the birth of a child to an unmarried woman, or
7 upon the birth of a child to a woman who was married at the
8 time of conception or birth and whose husband is not the
9 biological father of the child, the institution immediately
10 before or after the at the time of birth and the local
11 registrar or county clerk after the birth shall do the
12 following:
13 (a) Provide (i) an opportunity for the child's
14 mother and father to sign an acknowledgment of parentage
15 and (ii) if the presumed father is not the biological
16 father, an opportunity for the mother and presumed father
17 to sign a denial of paternity. The signing and
18 witnessing of the acknowledgment of parentage or, if the
19 presumed father of the child is not the biological
20 father, the acknowledgment of parentage and denial of
21 paternity conclusively establishes a parent and child
22 relationship in accordance with Sections 5 and 6 of the
23 Illinois Parentage Act of 1984.
24 The Illinois Department of Public Aid shall furnish
25 the acknowledgment of parentage and denial of paternity
26 form to institutions, county clerks, and State and local
27 registrars' offices. The form shall include instructions
28 to send the original signed and witnessed acknowledgment
29 of parentage and denial of paternity to the Illinois
30 Department of Public Aid.
31 (b) Provide the following documents, furnished by
32 the Illinois Department of Public Aid, to the child's
33 mother, biological father, and (if the person presumed to
34 be the child's father is not the biological father)
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1 presumed father for their review at the time the
2 opportunity is provided to establish a parent and child
3 relationship:
4 (i) An explanation of the implications of,
5 alternatives to, legal consequences of, and the
6 rights and responsibilities that arise from signing
7 an acknowledgment of parentage and, if necessary, a
8 denial of paternity, including an explanation of the
9 parental rights and responsibilities of child
10 support, visitation, custody, retroactive support,
11 health insurance coverage, and payment of birth
12 expenses.
13 (ii) An explanation of the benefits of having
14 a child's parentage established and the availability
15 of parentage establishment and support enforcement
16 services.
17 (iii) A request for an application for child
18 support services from the Illinois Department of
19 Public Aid.
20 (iv) Instructions concerning the opportunity
21 to speak, either by telephone or in person, with
22 staff of the Illinois Department of Public Aid who
23 are trained to clarify information and answer
24 questions about paternity establishment.
25 (v) Instructions for completing and signing
26 the acknowledgment of parentage and denial of
27 paternity.
28 (c) Provide an oral explanation of the documents
29 and instructions set forth in subdivision (5)(b),
30 including an explanation of the implications of,
31 alternatives to, legal consequences of, and the rights
32 and responsibilities that arise from signing an
33 acknowledgment of parentage and, if necessary, a denial
34 of paternity.
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1 (6) The institution, State or local registrar, or county
2 clerk shall provide an opportunity for the child's father or
3 mother to sign a rescission of parentage. The signing and
4 witnessing of the rescission of parentage voids the
5 acknowledgment of parentage and nullifies the presumption of
6 paternity if executed within the time frame contained in
7 Section 5 of the Illinois Parentage Act of 1984. The Illinois
8 Department of Public Aid shall furnish the rescission of
9 parentage form to institutions, county clerks, and State and
10 local registrars' offices. The form shall include
11 instructions to send the original signed and witnessed
12 rescission of parentage to the Illinois Department of Public
13 Aid.
14 (7) An acknowledgment of paternity signed pursuant to
15 Section 6 of the Illinois Parentage Act of 1984 may be
16 challenged in court only on the basis of fraud, duress, or
17 material mistake of fact, with the burden of proof upon the
18 challenging party. Pending outcome of a challenge to the
19 acknowledgment of paternity, the legal responsibilities of
20 the signatories shall remain in full force and effect, except
21 upon order of the court upon a showing of good cause.
22 (8) When the process for acknowledgment of parentage as
23 provided for under subsection (5) establishes the paternity
24 of a child whose certificate of birth is on file in another
25 state, the Illinois Department of Public Aid shall forward a
26 copy of the acknowledgment of parentage, the denial of
27 paternity, if applicable, and the rescission of parentage, if
28 applicable, to the birth record agency of the state where the
29 child's certificate of birth is on file.
30 (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97)
31 (410 ILCS 535/17) (from Ch. 111 1/2, par. 73-17)
32 Sec. 17. (1) For a person born in this State, the State
33 Registrar of Vital Records shall establish a new certificate
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1 of birth when he receives any of the following:
2 (a) A certificate of adoption as provided in
3 Section 16 or a certified copy of the order of adoption
4 together with the information necessary to identify the
5 original certificate of birth and to establish the new
6 certificate of birth; except that a new certificate of
7 birth shall not be established if so requested by the
8 court ordering the adoption, the adoptive parents, or the
9 adopted person.
10 (b) A certificate of adoption or a certified copy
11 of the order of adoption entered in a court of competent
12 jurisdiction of any other state or country declaring
13 adopted a child born in the State of Illinois, together
14 with the information necessary to identify the original
15 certificate of birth and to establish the new certificate
16 of birth; except that a new certificate of birth shall
17 not be established if so requested by the court ordering
18 the adoption, the adoptive parents, or the adopted
19 person.
20 (c) A request that a new certificate be established
21 and such evidence as required by regulation proving that
22 such person has been legitimatized, or that the circuit
23 court, the Attorney General, the Illinois Department of
24 Public Aid, or a court or administrative agency of any
25 other state has established the paternity of such a
26 person by judicial or administrative processes or by
27 voluntary acknowledgment, which is accompanied by the
28 social security numbers of all persons determined and
29 presumed to be the parents.
30 (d) An affidavit by a physician that he has
31 performed an operation on a person, and that by reason of
32 the operation the sex designation on such person's birth
33 record should be changed. The State Registrar of Vital
34 Records may make any investigation or require any further
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1 information he deems necessary.
2 Each request for a new certificate of birth shall be
3 accompanied by a fee of $15 and entitles the applicant to one
4 certification or certified copy of the new certificate. If
5 the request is for additional copies, it shall be accompanied
6 by a fee of $2 for each additional certification or certified
7 copy.
8 (2) When a new certificate of birth is established, the
9 actual place and date of birth shall be shown; provided, in
10 the case of adoption of a person born in this State by
11 parents who were residents of this State at the time of the
12 birth of the adopted person, the place of birth may be shown
13 as the place of residence of the adoptive parents at the time
14 of such person's birth, if specifically requested by them,
15 and any new certificate of birth established prior to the
16 effective date of this amendatory Act may be corrected
17 accordingly if so requested by the adoptive parents or the
18 adopted person when of legal age. The social security numbers
19 of the parents shall not be recorded on the certificate of
20 birth. The social security numbers may only be used for
21 purposes allowed under federal law. The new certificate shall
22 be substituted for the original certificate of birth:
23 (a) Thereafter, the original certificate and the
24 evidence of adoption, paternity, legitimation, or sex
25 change shall not be subject to inspection or
26 certification except upon order of the circuit court or
27 as provided by regulation.
28 (b) Upon receipt of notice of annulment of
29 adoption, the original certificate of birth shall be
30 restored to its place in the files, and the new
31 certificate and evidence shall not be subject to
32 inspection or certification except upon order of the
33 circuit court.
34 (3) If no certificate of birth is on file for the person
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1 for whom a new certificate is to be established under this
2 Section, a delayed record of birth shall be filed with the
3 State Registrar of Vital Records as provided in Section 14 or
4 Section 15 of this Act before a new certificate of birth is
5 established, except that when the date and place of birth and
6 parentage have been established in the adoption proceedings,
7 a delayed record shall not be required.
8 (4) When a new certificate of birth is established by
9 the State Registrar of Vital Records, all copies of the
10 original certificate of birth in the custody of any custodian
11 of permanent local records in this State shall be transmitted
12 to the State Registrar of Vital Records as directed, and
13 shall be sealed from inspection.
14 (5) Nothing in this Section shall be construed to
15 prohibit the amendment of a birth certificate in accordance
16 with subsection (6) of Section 22.
17 (Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626,
18 eff. 8-9-96; 90-18, eff. 7-1-97.)
19 (410 ILCS 535/22) (from Ch. 111 1/2, par. 73-22)
20 Sec. 22. (1) A certificate or record filed under this
21 Act may be amended only in accordance with this Act and such
22 regulations as the Department may adopt to protect the
23 integrity of vital records. An application for an amendment
24 shall be accompanied by a fee of $15 which includes the
25 provision of one certification or certified copy of the
26 amended birth record. If the request is for additional
27 copies, it shall be accompanied by a fee of $2 for each
28 additional certification or certified copy. Such amendments
29 may only be made in connection with the original certificates
30 and may not be made on copies of such certificates without
31 the approval of the State Registrar of Vital Records. The
32 provisions of this Section shall also be applicable to a
33 certificate or record filed under any former Act relating to
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1 the registration of births, stillbirths, and deaths. Any
2 original certificate or record filed with the county clerk
3 prior to January 1, 1916, may be amended by the county clerk
4 under the same provisions of this Section, or regulations
5 adopted pursuant thereto, as apply to the State Registrar of
6 Vital Records governing amendments to certificates or records
7 filed with the Department subsequent to December 31, 1915.
8 (2) A certificate that is amended under this Section
9 after its filing shall have the correction entered on its
10 face; shall clearly indicate that an amendment has been made;
11 and shall show the date of the amendment. A summary
12 description of the evidence submitted in support of an
13 amendment shall be permanently retained by the Department
14 either as an original record or in microphotographic form.
15 Documents from which such summary descriptions are made may
16 be returned by the Department to the person or persons
17 submitting them. The Department shall prescribe by
18 regulation the conditions under which, within one year after
19 the date of occurrence, additions or minor corrections may be
20 made without the certificate being considered amended.
21 (3) An amendment to a delayed birth registration
22 established under the provisions of Section 15 of this Act
23 may be made by the State Registrar of Vital Records only upon
24 the basis of an order from the court which originally
25 established the facts of birth.
26 (4) Upon receipt of a certified copy of a court order
27 changing the name or names of a person born in this State,
28 the official custodian shall amend the original certificate
29 of birth to reflect the changes.
30 (5) (Blank).
31 (6) When the paternity of a child with a certificate of
32 birth on file in this State is established through voluntary
33 acknowledgment, by the Attorney General, or by a court or
34 administrative agency under the laws of this or any other
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1 state, the State Registrar of Vital Records shall amend the
2 original record accordingly, upon notification from a circuit
3 court of this State, the Attorney General, or the Illinois
4 Department of Public Aid, or upon receipt of a certified copy
5 of another state's acknowledgment or judicial or
6 administrative determination of paternity.
7 (7) Notwithstanding any other provision of this Act, if
8 an adopted person applies in accordance with this Section for
9 the amendment of the name on his or her birth certificate,
10 the State Registrar shall amend the birth certificate if the
11 person provides documentation or other evidence supporting
12 the application that would be deemed sufficient if the
13 documentation or evidence had been submitted in support of an
14 application by a person who has not been adopted.
15 (8) When paternity has been established after the birth
16 in accordance with Section 12, the State Registrar of Vital
17 Records shall amend the original record accordingly.
18 (9) Upon application by the parents not later than one
19 year after an acknowledgment of parentage under this Act, the
20 Attorney General Act, or the Illinois Public Aid Code or a
21 judicial or administrative determination or establishment of
22 paternity or parentage, the State Registrar of Vital Records
23 shall amend the child's name on the child's certificate of
24 birth in accordance with the application. No more than one
25 application to change a child's name may be made under this
26 subsection (9).
27 (10) When a certificate is amended by the State
28 Registrar of Vital Records under this Section, the State
29 Registrar of Vital Records shall furnish a copy of the
30 summary description to the custodian of any permanent local
31 records and such records shall be amended accordingly.
32 (Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626,
33 eff. 8-9-96; 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
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1 Section 41. The Fish and Aquatic Life Code is amended by
2 changing Section 20-105 as follows:
3 (515 ILCS 5/20-105) (from Ch. 56, par. 20-105)
4 Sec. 20-105. License revocation; refusal to issue.
5 (a) Whenever a license or permit is issued to any person
6 under this Code and its holder is found guilty of any
7 misrepresentation in obtaining the license or permit or of a
8 violation of any of the provisions of this Code, including
9 administrative rules, the license or permit may be revoked by
10 the Department and the Department may refuse to issue any
11 permit or license to that person and may suspend the person
12 from engaging in the activity requiring the permit or license
13 for a period of time not to exceed 5 years following the
14 revocation. Department revocation procedure shall be
15 established by administrative rule.
16 (a-5) Whenever a license or permit is issued under this
17 Code to any person who owes overdue child support or who,
18 after receiving notice, fails to comply with a subpoena or
19 warrant relating to a paternity or child support proceeding,
20 the license or permit may be revoked by the Department and
21 the Department may refuse to issue a license or permit to
22 that person. A failure to comply with a subpoena or warrant
23 can be remedied by complying with the subpoena or warrant.
24 Department revocation procedures shall be established by
25 rule.
26 (b) Whenever any person who has not been issued a
27 license or a permit under the provisions of this Code is
28 found guilty of a violation of the provisions of this Code,
29 including administrative rules, the Department may refuse to
30 issue any permit or license to that person, and suspend that
31 person from engaging in the activity requiring the permit or
32 license for a period of time not to exceed 5 years.
33 (c) Any person who knowingly or intentionally violates
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1 any of the provisions of this Code, including administrative
2 rules, during the 5 years following the revocation of his or
3 her license or permit under subsection (a) or during the time
4 he is suspended under subsection (b), shall be guilty of a
5 Class A misdemeanor as provided in Section 20-35.
6 (Source: P.A. 87-798; 87-833; 87-895.)
7 Section 42. The Wildlife Code is amended by changing
8 Section 3.36 as follows:
9 (520 ILCS 5/3.36) (from Ch. 61, par. 3.36)
10 Sec. 3.36. (a) Whenever a license or permit is issued
11 to any person under this Act, and the holder thereof is found
12 guilty of any misrepresentation in obtaining such license or
13 permit or of a violation of any of the provisions of this
14 Act, including administrative rules, his license or permit
15 may be revoked by the Department, and the Department may
16 refuse to issue any permit or license to such person and may
17 suspend the person from engaging in the activity requiring
18 the permit or license for a period of time not to exceed 5
19 years following such revocation.
20 Department revocation procedures shall be established by
21 Administrative rule.
22 (a-5) Whenever a license or permit is issued under this
23 Code to any person who owes overdue child support or who,
24 after receiving notice, fails to comply with a subpoena or
25 warrant relating to a paternity or child support proceeding,
26 the license or permit may be revoked by the Department and
27 the Department may refuse to issue a license or permit to
28 that person. A failure to comply with a subpoena or warrant
29 can be remedied by complying with the subpoena or warrant.
30 Department revocation procedures shall be established by
31 rule.
32 (b) Whenever any person who has not been issued a
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1 license or a permit under the provisions of this Code is
2 found guilty of a violation of the provisions of this Code,
3 including administrative rules, the Department may refuse to
4 issue any permit or license to that person, and suspend that
5 person from engaging in the activity requiring the permit or
6 license for a period of time not to exceed 5 years.
7 (c) Any person who knowingly or intentionally violates
8 any of the provisions of this Act, including administrative
9 rules, during such period when his license or permit is
10 revoked or denied by virtue of this Section or during the
11 time he is suspended under subsection (b), shall be guilty of
12 a Class A misdemeanor.
13 (d) Licenses and permits authorized to be issued under
14 the provisions of this Act shall be prepared by the
15 Department and be in such form as prescribed by the
16 Department. The information required on each license shall be
17 completed thereon by the issuing agent or his sub-agent at
18 the time of issuance and each license shall be signed by the
19 licensee, or initialed by the designated purchaser and then
20 signed immediately upon receipt by the licensee, and
21 countersigned by the issuing agent or his sub-agent at the
22 time of issuance. All such licenses shall be supplied by the
23 Department, subject to such rules and regulations as the
24 Department may prescribe. Any license not properly prepared,
25 obtained and signed as required by this Act shall be void.
26 (Source: P.A. 90-225, eff. 7-25-97.)
27 Section 44. The Illinois Vehicle Code is amended by
28 changing Sections 7-701, 7-702, 7-702.1, 7-703, 7-704, 7-705,
29 7-706, 7-707, and 7-708 as follows:
30 (625 ILCS 5/7-701)
31 Sec. 7-701. Findings and purpose. The General Assembly
32 finds that the timely receipt of adequate financial support
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1 has the effect of reducing poverty and State expenditures for
2 welfare dependency among children, and that the timely
3 payment of adequate child support demonstrates financial
4 responsibility. Further, the General Assembly finds that the
5 State has a compelling interest in ensuring that drivers
6 within the State demonstrate financial responsibility,
7 including family financial responsibility, in order to safely
8 own and operate a motor vehicle. To this end, the Secretary
9 of State is authorized to establish a system to suspend
10 driver's licenses for failure to comply with court orders of
11 support and with subpoenas or warrants in paternity or child
12 support proceedings.
13 (Source: P.A. 89-92, eff. 7-1-96.)
14 (625 ILCS 5/7-702)
15 Sec. 7-702. Suspension of driver's license for failure
16 to pay child support or comply with certain subpoenas or
17 warrants. The Secretary of State shall suspend the driver's
18 license issued to an obligor upon receiving an authenticated
19 report provided for in Section 7-703, that the person (i) is
20 90 days or more delinquent in court ordered child support
21 payments or has been adjudicated in arrears in an amount
22 equal to 90 days obligation or more, and has been found in
23 contempt by the court for failure to pay the support or (ii)
24 has failed to comply with a subpoena or warrant in a
25 paternity or child support proceeding and has been found in
26 contempt by the court for failure to comply.
27 (Source: P.A. 89-92, eff. 7-1-96.)
28 (625 ILCS 5/7-702.1)
29 Sec. 7-702.1. Family financial responsibility driving
30 permits. Following the entry of an order that an obligor has
31 been found in contempt by the court for failure to pay court
32 ordered child support payments or to comply with a subpoena
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1 or warrant in a paternity or child support proceeding, the
2 court may enter an order directing the Secretary of State to
3 issue a family financial responsibility driving permit for
4 the purpose of providing the obligor the privilege of
5 operating a motor vehicle between the obligor's residence and
6 place of employment, or within the scope of employment
7 related duties; or for the purpose of providing
8 transportation for the obligor or a household member to
9 receive alcohol treatment, other drug treatment, or medical
10 care. The court may enter an order directing the issuance of
11 a permit only if the obligor has proven to the satisfaction
12 of the court that no alternative means of transportation are
13 reasonably available for the above stated purposes. No
14 permit shall be issued to a person under the age of 16 years
15 who possesses an instruction permit.
16 Upon entry of an order granting the issuance of a permit
17 to an obligor, the court shall report this finding to the
18 Secretary of State on a form prescribed by the Secretary.
19 This form shall state whether the permit has been granted for
20 employment or medical purposes and the specific days and
21 hours for which limited driving privileges have been granted.
22 The family financial responsibility driving permit shall
23 be subject to cancellation, invalidation, suspension, and
24 revocation by the Secretary of State in the same manner and
25 for the same reasons as a driver's license may be cancelled,
26 invalidated, suspended, or revoked.
27 The Secretary of State shall, upon receipt of a certified
28 court order from the court of jurisdiction, issue a family
29 financial responsibility driving permit. In order for this
30 permit to be issued, an individual's driving privileges must
31 be valid except for the family financial responsibility
32 suspension. This permit shall be valid only for employment
33 and medical purposes as set forth above. The permit shall
34 state the days and hours for which limited driving privileges
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1 have been granted.
2 Any submitted court order that contains insufficient data
3 or fails to comply with any provision of this Code shall not
4 be used for issuance of the permit or entered to the
5 individual's driving record but shall be returned to the
6 court of jurisdiction indicating why the permit cannot be
7 issued at that time. The Secretary of State shall also send
8 notice of the return of the court order to the individual
9 requesting the permit.
10 (Source: P.A. 89-92, eff. 7-1-96; 90-369, eff. 1-1-98.)
11 (625 ILCS 5/7-703)
12 Sec. 7-703. Courts to report non-payment of court
13 ordered support and noncompliance with certain subpoenas and
14 warrants. The clerk of the circuit court, as provided in
15 subsection (b) of Section 505 of the Illinois Marriage and
16 Dissolution of Marriage Act or as provided in Section 15 of
17 the Illinois Parentage Act of 1984, shall forward to the
18 Secretary of State, on a form prescribed by the Secretary, an
19 authenticated document certifying the court's order
20 suspending the driving privileges of the obligor. For any
21 such certification, the clerk of the court shall charge the
22 obligor a fee of $5 as provided in the Clerks of Courts Act.
23 (Source: P.A. 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.)
24 (625 ILCS 5/7-704)
25 Sec. 7-704. Suspension to continue until compliance with
26 court order of support or with subpoena or warrant.
27 (a) The suspension of a driver's license shall remain in
28 effect unless and until the Secretary of State receives
29 authenticated documentation (i) that the obligor is in
30 compliance with a court order of support or that the order
31 has been stayed by a subsequent order of the court or (ii)
32 that the obligor is in compliance with the subpoena or
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1 warrant in a paternity or child support proceeding. Full
2 driving privileges shall not be issued by the Secretary of
3 State until notification of compliance has been received from
4 the court. The circuit clerks shall report the obligor's
5 compliance with a court order of support or with a subpoena
6 or warrant to the Secretary of State, on a form prescribed by
7 the Secretary.
8 (b) Whenever, after one suspension of an individual's
9 driver's license for failure to pay child support, another
10 order of non-payment is entered against the obligor and the
11 person fails to come into compliance with the court order of
12 support, then the Secretary shall again suspend the driver's
13 license of the individual and that suspension shall not be
14 removed unless the obligor is in full compliance with the
15 court order of support and has made full payment on all
16 arrearages.
17 (Source: P.A. 89-92, eff. 7-1-96.)
18 (625 ILCS 5/7-705)
19 Sec. 7-705. Notice. The Secretary of State, prior to
20 suspending a driver's license under this Chapter, shall serve
21 written notice upon an obligor that the individual's driver's
22 license will be suspended in 60 days from the date on the
23 notice unless the obligor satisfies the court order of
24 support or complies with the subpoena or warrant in a
25 paternity or child support proceeding and the circuit clerk
26 notifies the Secretary of State of this compliance.
27 (Source: P.A. 89-92, eff. 7-1-96.)
28 (625 ILCS 5/7-706)
29 Sec. 7-706. Administrative hearing. A driver may
30 contest this driver's license sanction by requesting an
31 administrative hearing in accordance with Section 2-118 of
32 this Code. If a written request for this hearing is received
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1 prior to the effective date of the suspension, the suspension
2 shall be stayed. If a stay of the suspension is granted, it
3 shall remain in effect until a hearing decision is entered.
4 At the conclusion of this hearing, the Secretary of State may
5 rescind or impose the driver's license suspension. If the
6 suspension is upheld, it shall become effective 10 days from
7 the date the hearing decision is entered. If the decision is
8 to rescind the suspension, no suspension of driving
9 privileges shall be entered. The scope of this hearing shall
10 be limited to the following issues:
11 (a) Whether the driver is the obligor covered by the
12 court order of support or the person to whom the subpoena or
13 warrant is directed.
14 (b) Whether the authenticated document of a court order
15 of support indicates that the obligor (i) is 90 days or more
16 delinquent or has been adjudicated in arrears in an amount
17 equal to 90 days obligation or more and has been found in
18 contempt of court for failure to pay child support or (ii)
19 has failed to comply with a subpoena or warrant in a
20 paternity or child support proceeding and has been found in
21 contempt by the court for failure to comply.
22 (c) Whether a superseding authenticated document of any
23 court order of support or of compliance with a subpoena or
24 warrant has been entered.
25 (Source: P.A. 89-92, eff. 7-1-96.)
26 (625 ILCS 5/7-707)
27 Sec. 7-707. Payment of reinstatement fee. Upon an
28 obligor's obligors receiving notice from the Secretary of
29 State that the suspension of driving privileges has been
30 terminated based upon receipt of notification from the
31 circuit clerk of the obligor's obligors compliance with a
32 court order of support or a subpoena or warrant, the obligor
33 shall pay a $30 reinstatement fee to the Secretary of State
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1 as set forth in Section 6-118 of this Code. The fee shall be
2 deposited into the Family Responsibility Fund. In accordance
3 with subsection (e) of Section 6-115 of this Code, the
4 Secretary of State may decline to process a renewal of a
5 driver's license of a person who has not paid this fee.
6 (Source: P.A. 89-92, eff. 7-1-96.)
7 (625 ILCS 5/7-708)
8 Sec. 7-708. Rules. The Secretary of State, using the
9 authority to license motor vehicle operators, may adopt such
10 rules as may be necessary to establish standards, policies,
11 and procedures for the suspension of driver's licenses for
12 non-compliance with a court order of support or with a
13 subpoena or warrant in a paternity or child support
14 proceeding.
15 (Source: P.A. 89-92, eff. 7-1-96.)
16 Section 45. The Attorney Act is amended by changing
17 Section 1 as follows:
18 (705 ILCS 205/1) (from Ch. 13, par. 1)
19 Sec. 1. No person shall be permitted to practice as an
20 attorney or counselor at law within this State without having
21 previously obtained a license for that purpose from the
22 Supreme Court of this State.
23 No person shall receive any compensation directly or
24 indirectly for any legal services other than a regularly
25 licensed attorney.
26 A license, as provided for herein, constitutes the person
27 receiving the same an attorney and counselor at law,
28 according to the law and customs thereof, for and during his
29 good behavior in the practice and authorizes him to demand
30 and receive fees for any services which he may render as an
31 attorney and counselor at law in this State. No person shall
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1 be granted a license or renewal authorized by this Act who
2 has defaulted on an educational loan guaranteed by the
3 Illinois Student Assistance Commission; however, a license or
4 renewal may be issued to the aforementioned persons who have
5 established a satisfactory repayment record as determined by
6 the Illinois Student Assistance Commission. No person shall
7 be granted a license or renewal authorized by this Act who is
8 more than 30 days delinquent in complying with a child
9 support order; a license or renewal may be issued, however,
10 if the person has established a satisfactory repayment record
11 as determined (i) by the Illinois Department of Public Aid
12 for cases being enforced under Article X of the Illinois
13 Public Aid Code or by the Attorney General for cases being
14 enforced under Sections 7.1 through 7.295 of the Attorney
15 General Act or (ii) in all other cases by order of court or
16 by written agreement between the custodial parent and
17 non-custodial parent. No person shall be refused a license
18 under this Act on account of sex.
19 Any person practicing, charging or receiving fees for
20 legal services within this State, either directly or
21 indirectly, without being licensed to practice as herein
22 required, is guilty of contempt of court and shall be
23 punished accordingly, upon complaint being filed in any
24 Circuit Court of this State. Such proceedings shall be
25 conducted in the Courts of the respective counties where the
26 alleged contempt has been committed in the same manner as in
27 cases of indirect contempt and with the right of review by
28 the parties thereto.
29 The provisions of this Act shall be in addition to other
30 remedies permitted by law and shall not be construed to
31 deprive courts of this State of their inherent right to
32 punish for contempt or to restrain the unauthorized practice
33 of law.
34 Nothing in this Act shall be construed to prohibit
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1 representation of a party by a person who is not an attorney
2 in a proceeding before the Illinois State Labor Relations
3 Board or the Illinois Local Labor Relations Board under the
4 Illinois Public Labor Relations Act, as now or hereafter
5 amended, the Illinois Educational Labor Relations Board under
6 the Illinois Educational Labor Relations Act, as now or
7 hereafter amended, the State Civil Service Commission, the
8 local Civil Service Commissions, or the University Civil
9 Service Merit Board, to the extent allowed pursuant to rules
10 and regulations promulgated by those Boards and Commissions.
11 (Source: P.A. 89-6, eff. 3-6-95.)
12 Section 50. The Illinois Marriage and Dissolution of
13 Marriage Act is amended by changing Sections 505, 505.1,
14 505.2, 507, 510, 516, 705, 706.1, 709, and 712 as follows:
15 (750 ILCS 5/505) (from Ch. 40, par. 505)
16 Sec. 505. Child support; contempt; penalties.
17 (a) In a proceeding for dissolution of marriage, legal
18 separation, declaration of invalidity of marriage, a
19 proceeding for child support following dissolution of the
20 marriage by a court which lacked personal jurisdiction over
21 the absent spouse, a proceeding for modification of a
22 previous order for child support under Section 510 of this
23 Act, or any proceeding authorized under Section 501 or 601 of
24 this Act, the court may order either or both parents owing a
25 duty of support to a child of the marriage to pay an amount
26 reasonable and necessary for his support, without regard to
27 marital misconduct. The duty of support owed to a minor
28 child includes the obligation to provide for the reasonable
29 and necessary physical, mental and emotional health needs of
30 the child.
31 (1) The Court shall determine the minimum amount of
32 support by using the following guidelines:
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1 Number of Children Percent of Supporting Party's
2 Net Income
3 1 20%
4 2 25%
5 3 32%
6 4 40%
7 5 45%
8 6 or more 50%
9 (2) The above guidelines shall be applied in each
10 case unless the court makes a finding that application of
11 the guidelines would be inappropriate, after considering
12 the best interests of the child in light of evidence
13 including but not limited to one or more of the following
14 relevant factors:
15 (a) the financial resources and needs of the
16 child;
17 (b) the financial resources and needs of the
18 custodial parent;
19 (c) the standard of living the child would
20 have enjoyed had the marriage not been dissolved;
21 (d) the physical and emotional condition of
22 the child, and his educational needs; and
23 (e) the financial resources and needs of the
24 non-custodial parent.
25 If the court deviates from the guidelines, the
26 court's finding shall state the amount of support that
27 would have been required under the guidelines, if
28 determinable. The court shall include the reason or
29 reasons for the variance from the guidelines.
30 (3) "Net income" is defined as the total of all
31 income from all sources, minus the following deductions:
32 (a) Federal income tax (properly calculated
33 withholding or estimated payments);
34 (b) State income tax (properly calculated
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1 withholding or estimated payments);
2 (c) Social Security (FICA payments);
3 (d) Mandatory retirement contributions
4 required by law or as a condition of employment;
5 (e) Union dues;
6 (f) Dependent and individual
7 health/hospitalization insurance premiums;
8 (g) Prior obligations of support or
9 maintenance actually paid pursuant to a court order;
10 (h) Expenditures for repayment of debts that
11 represent reasonable and necessary expenses for the
12 production of income, medical expenditures necessary
13 to preserve life or health, reasonable expenditures
14 for the benefit of the child and the other parent,
15 exclusive of gifts. The court shall reduce net
16 income in determining the minimum amount of support
17 to be ordered only for the period that such payments
18 are due and shall enter an order containing
19 provisions for its self-executing modification upon
20 termination of such payment period.
21 (4) In cases where the court order provides for
22 health/hospitalization insurance coverage pursuant to
23 Section 505.2 of this Act, the premiums for that
24 insurance, or that portion of the premiums for which the
25 supporting party is responsible in the case of insurance
26 provided through an employer's health insurance plan
27 where the employer pays a portion of the premiums, shall
28 be subtracted from net income in determining the minimum
29 amount of support to be ordered.
30 (4.5) In a proceeding for child support following
31 dissolution of the marriage by a court that lacked
32 personal jurisdiction over the absent spouse, and in
33 which the court is requiring payment of support for the
34 period before the date an order for current support is
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1 entered, there is a rebuttable presumption that the
2 supporting party's net income for the prior period was
3 the same as his or her net income at the time the order
4 for current support is entered.
5 (5) If the net income cannot be determined because
6 of default or any other reason, the court shall order
7 support in an amount considered reasonable in the
8 particular case. The final order in all cases shall
9 state the support level in dollar amounts.
10 (b) Failure of either parent to comply with an order to
11 pay support or a subpoena or warrant in a paternity or child
12 support proceeding shall be punishable as in other cases of
13 contempt. In addition to other penalties provided by law the
14 Court may, after finding the parent guilty of contempt, order
15 that the parent be:
16 (1) placed on probation with such conditions of
17 probation as the Court deems advisable;
18 (2) sentenced to periodic imprisonment for a period
19 not to exceed 6 months; provided, however, that the Court
20 may permit the parent to be released for periods of time
21 during the day or night to:
22 (A) work; or
23 (B) conduct a business or other self-employed
24 occupation.
25 The Court may further order any part or all of the
26 earnings of a parent during a sentence of periodic
27 imprisonment paid to the Clerk of the Circuit Court or to the
28 parent having custody or to the guardian having custody of
29 the minor children of the sentenced parent for the support of
30 said minor children until further order of the Court.
31 If there is a unity of interest and ownership sufficient
32 to render no financial separation between a non-custodial
33 parent and another person or persons or business entity, the
34 court may pierce the ownership veil of the person, persons,
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1 or business entity to discover assets of the non-custodial
2 parent held in the name of that person, those persons, or
3 that business entity. The following circumstances are
4 sufficient to authorize a court to order discovery of the
5 assets of a person, persons, or business entity and to compel
6 the application of any discovered assets toward payment on
7 the judgment for support:
8 (1) the non-custodial parent and the person,
9 persons, or business entity maintain records together.
10 (2) the non-custodial parent and the person,
11 persons, or business entity fail to maintain an arms
12 length relationship between themselves with regard to any
13 assets.
14 (3) the non-custodial parent transfers assets to
15 the person, persons, or business entity with the intent
16 to perpetrate a fraud on the custodial parent.
17 With respect to assets which are real property, no order
18 entered under this paragraph shall affect the rights of bona
19 fide purchasers, mortgagees, judgment creditors, or other
20 lien holders who acquire their interests in the property
21 prior to the time a notice of lis pendens pursuant to the
22 Code of Civil Procedure or a copy of the order is placed of
23 record in the office of the recorder of deeds for the county
24 in which the real property is located.
25 The court may also order in cases where the parent is 90
26 days or more delinquent in payment of support, or has been
27 adjudicated in arrears in an amount equal to 90 days
28 obligation or more, or has failed to comply with a subpoena
29 or warrant in a paternity or child support proceeding that
30 the parent's Illinois driving privileges be suspended until
31 the court determines that the parent is in compliance with
32 the order of support or subpoena or warrant. The court may
33 also order that the parent be issued a family financial
34 responsibility driving permit that would allow limited
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1 driving privileges for employment and medical purposes in
2 accordance with Section 7-702.1 of the Illinois Vehicle Code.
3 The clerk of the circuit court shall certify the order
4 suspending the driving privileges of the parent or granting
5 the issuance of a family financial responsibility driving
6 permit to the Secretary of State on forms prescribed by the
7 Secretary. Upon receipt of the authenticated documents, the
8 Secretary of State shall suspend the parent's driving
9 privileges until further order of the court and shall, if
10 ordered by the court, subject to the provisions of Section
11 7-702.1 of the Illinois Vehicle Code, issue a family
12 financial responsibility driving permit to the parent.
13 (c) A one-time charge of 20% is imposable upon the
14 amount of past-due child support owed on July 1, 1988 which
15 has accrued under a support order entered by the court. The
16 charge shall be imposed in accordance with the provisions of
17 Section 10-21 of the Illinois Public Aid Code and shall be
18 enforced by the court upon petition. On and after the
19 effective date of this amendatory Act of 1997, the Attorney
20 General may collect, on behalf of the Illinois Department of
21 Public Aid, any charge imposed in accordance with this
22 subsection. Nothing in this amendatory Act of 1997 shall be
23 construed to affect the validity of any charge imposed in
24 accordance with this subsection.
25 (d) Any new or existing support order entered by the
26 court under this Section shall be deemed to be a series of
27 judgments against the person obligated to pay support
28 thereunder, each such judgment to be in the amount of each
29 payment or installment of support and each such judgment to
30 be deemed entered as of the date the corresponding payment or
31 installment becomes due under the terms of the support order.
32 Each such judgment shall have the full force, effect and
33 attributes of any other judgment of this State, including the
34 ability to be enforced. A lien arises by operation of law
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1 against the real and personal property of the noncustodial
2 parent for each installment of overdue support owed by the
3 noncustodial parent.
4 (e) When child support is to be paid through the clerk
5 of the court in a county of 1,000,000 inhabitants or less,
6 the order shall direct the obligor to pay to the clerk, in
7 addition to the child support payments, all fees imposed by
8 the county board under paragraph (3) of subsection (u) of
9 Section 27.1 of the Clerks of Courts Act. Unless paid in
10 cash or pursuant to an order for withholding, the payment of
11 the fee shall be by a separate instrument from the support
12 payment and shall be made to the order of the Clerk.
13 (f) All orders for support, when entered or modified,
14 shall include a provision requiring the obligor to notify the
15 court and, in cases in which a party is receiving child and
16 spouse services under Article X of the Illinois Public Aid
17 Code or under Section 7.1 through 7.295 of the Attorney
18 General Act, the Illinois Department of Public Aid (before
19 the effective date of this amendatory Act of 1997) or the
20 Attorney General (on and after that date), within 7 days, (i)
21 of the name and address of any new employer of the obligor,
22 (ii) whether the obligor has access to health insurance
23 coverage through the employer or other group coverage and, if
24 so, the policy name and number and the names of persons
25 covered under the policy, and (iii) of any new residential or
26 mailing address or telephone number of the non-custodial
27 parent. In any subsequent action to enforce a support order,
28 upon a sufficient showing that a diligent effort has been
29 made to ascertain the location of the non-custodial parent,
30 service of process or provision of notice necessary in the
31 case may be made at the last known address of the
32 non-custodial parent in any manner expressly provided by the
33 Code of Civil Procedure or this Act, which service shall be
34 sufficient for purposes of due process.
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1 (g) An order for support shall include a date on which
2 the current support obligation terminates. The termination
3 date shall be no earlier than the date on which the child
4 covered by the order will attain the age of majority or is
5 otherwise emancipated. The order for support shall state that
6 the termination date does not apply to any arrearage that may
7 remain unpaid on that date. Nothing in this subsection shall
8 be construed to prevent the court from modifying the order.
9 (Source: P.A. 89-88, eff. 6-30-95; 89-92, eff. 7-1-96;
10 89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
11 revised 10-7-97.)
12 (750 ILCS 5/505.1) (from Ch. 40, par. 505.1)
13 Sec. 505.1. (a) Whenever it is determined in a
14 proceeding to establish or enforce a child support or
15 maintenance obligation that the person owing a duty of
16 support is unemployed, the court may order the person to seek
17 employment and report periodically to the court with a diary,
18 listing or other memorandum of his or her efforts in
19 accordance with such order. Additionally, the court may order
20 the unemployed person to report to the Department of
21 Employment Security for job search services or to make
22 application with the local Jobs Training Partnership Act
23 provider for participation in job search, training or work
24 programs and where the duty of support is owed to a child
25 receiving support services under Article X of the Illinois
26 Public Aid Code or Sections 7.1 through 7.295 of the Attorney
27 General Act, as amended, the court may order the unemployed
28 person to report to the Illinois Department of Human Services
29 Public Aid for participation in job search, training or work
30 programs established under Section 9-6 and Article IXA of the
31 Illinois Public Aid that Code.
32 (b) Whenever it is determined that a person owes
33 past-due support for a child or for a child and the parent
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1 with whom the child is living, and the child is receiving
2 assistance under the Illinois Public Aid Code, the court
3 shall order at the request of the Illinois Department of
4 Public Aid (before the effective date of this amendatory Act
5 of 1997) or the Attorney General (on and after that date):
6 (1) that the person pay the past-due support in
7 accordance with a plan approved by the court; or
8 (2) if the person owing past-due support is
9 unemployed, is subject to such a plan, and is not
10 incapacitated, that the person participate in such job
11 search, training, or work programs established under
12 Section 9-6 and Article IXA of the Illinois Public Aid
13 Code as the court deems appropriate.
14 (Source: P.A. 90-18, eff. 7-1-97.)
15 (750 ILCS 5/505.2) (from Ch. 40, par. 505.2)
16 Sec. 505.2. Health insurance.
17 (a) Definitions. As used in this Section:
18 (1) "Obligee" means the individual to whom the duty
19 of support is owed or the individual's legal
20 representative.
21 (2) "Obligor" means the individual who owes a duty
22 of support pursuant to an order for support.
23 (3) "Public office" means any elected official or
24 any State or local agency which is or may become
25 responsible by law for enforcement of, or which is or may
26 become authorized to enforce, an order for support,
27 including, but not limited to: the Attorney General, the
28 Illinois Department of Public Aid, the Illinois
29 Department of Human Services, the Illinois Department of
30 Children and Family Services, and the various State's
31 Attorneys, Clerks of the Circuit Court and supervisors of
32 general assistance.
33 (b) Order.
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1 (1) Whenever the court establishes, modifies or
2 enforces an order for child support or for child support
3 and maintenance the court shall include in the order a
4 provision for the health care coverage of the child which
5 shall, upon request of the obligee or Public Office,
6 require that any child covered by the order be named as a
7 beneficiary of any health insurance plan that is
8 available to the obligor through an employer or labor
9 union or trade union. If the court finds that such a
10 plan is not available to the obligor, or that the plan is
11 not accessible to the obligee, the court may, upon
12 request of the obligee or Public Office, order the
13 obligor to name the child covered by the order as a
14 beneficiary of any health insurance plan that is
15 available to the obligor on a group basis, or as a
16 beneficiary of an independent health insurance plan to be
17 obtained by the obligor, after considering the following
18 factors:
19 (A) the medical needs of the child;
20 (B) the availability of a plan to meet those
21 needs; and
22 (C) the cost of such a plan to the obligor.
23 (2) If the employer or labor union or trade union
24 offers more than one plan, the order shall require the
25 obligor to name the child as a beneficiary of the plan in
26 which the obligor is enrolled.
27 (2.5) If the obligor changes employment and the new
28 employer provides a health insurance plan, the Public
29 Office shall transfer notice of the order to the new
30 employer. The notice shall operate to enroll the child
31 in the health insurance plan that is available to the
32 obligor unless the obligor contests the notice.
33 (3) Nothing in this Section shall be construed to
34 limit the authority of the court to establish or modify a
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1 support order to provide for payment of expenses,
2 including deductibles, copayments and any other health
3 expenses, which are in addition to expenses covered by an
4 insurance plan of which a child is ordered to be named a
5 beneficiary pursuant to this Section.
6 (c) Implementation and enforcement.
7 (1) When the court order requires that a minor
8 child be named as a beneficiary of a health insurance
9 plan, other than a health insurance plan available
10 through an employer or labor union or trade union, the
11 obligor shall provide written proof to the obligee or
12 Public Office that the required insurance has been
13 obtained, or that application for insurability has been
14 made, within 30 days of receiving notice of the court
15 order. Unless the obligor was present in court when the
16 order was issued, notice of the order shall be given
17 pursuant to Illinois Supreme Court Rules. If an obligor
18 fails to provide the required proof, he may be held in
19 contempt of court.
20 (2) When the court requires that a minor child be
21 named as a beneficiary of a health insurance plan
22 available through an employer or labor union or trade
23 union, the court's order shall be implemented in
24 accordance with Section 706.1, as now or hereafter
25 amended.
26 (d) Failure to maintain insurance. The dollar amount of
27 the premiums for court-ordered health insurance, or that
28 portion of the premiums for which the obligor is responsible
29 in the case of insurance provided under a group health
30 insurance plan through an employer or labor union or trade
31 union where the employer or labor union or trade union pays a
32 portion of the premiums, shall be considered an additional
33 child support obligation owed by the obligor. Whenever the
34 obligor fails to provide or maintain health insurance
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1 pursuant to an order for support, the obligor shall be liable
2 to the obligee for the dollar amount of the premiums which
3 were not paid, and shall also be liable for all medical
4 expenses incurred by the minor child which would have been
5 paid or reimbursed by the health insurance which the obligor
6 was ordered to provide or maintain. In addition, the obligee
7 may petition the court to modify the order based solely on
8 the obligor's failure to pay the premiums for court-ordered
9 health insurance.
10 (e) Authorization for payment. The signature of the
11 obligee is a valid authorization to the insurer to process a
12 claim for payment under the insurance plan to the provider of
13 the health care services or to the obligee.
14 (f) Disclosure of information. The obligor's employer
15 or labor union or trade union shall disclose to the obligee
16 or Public Office, upon request, information concerning any
17 dependent coverage plans which would be made available to a
18 new employee or labor union member or trade union member.
19 The employer or labor union or trade union shall disclose
20 such information whether or not a court order for medical
21 support has been entered.
22 (g) Employer obligations. If a parent is required by an
23 order for support to provide coverage for a child's health
24 care expenses and if that coverage is available to the parent
25 through an employer who does business in this State, the
26 employer must do all of the following upon receipt of a copy
27 of the order of support or order for withholding:
28 (1) The employer shall, upon the parent's request,
29 permit the parent to include in that coverage a child who
30 is otherwise eligible for that coverage, without regard
31 to any enrollment season restrictions that might
32 otherwise be applicable as to the time period within
33 which the child may be added to that coverage.
34 (2) If the parent has health care coverage through
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1 the employer but fails to apply for coverage of the
2 child, the employer shall include the child in the
3 parent's coverage upon application by the child's other
4 parent or the Illinois Department of Public Aid.
5 (3) The employer may not eliminate any child from
6 the parent's health care coverage unless the employee is
7 no longer employed by the employer and no longer covered
8 under the employer's group health plan or unless the
9 employer is provided with satisfactory written evidence
10 of either of the following:
11 (A) The order for support is no longer in
12 effect.
13 (B) The child is or will be included in a
14 comparable health care plan obtained by the parent
15 under such order that is currently in effect or will
16 take effect no later than the date the prior
17 coverage is terminated.
18 The employer may eliminate a child from a parent's
19 health care plan obtained by the parent under such order
20 if the employer has eliminated dependent health care
21 coverage for all of its employees.
22 (Source: P.A. 89-183, eff. 1-1-96; 89-507, eff. 7-1-97;
23 89-626, eff. 8-9-96; 90-18, eff. 7-1-97.)
24 (750 ILCS 5/507) (from Ch. 40, par. 507)
25 Sec. 507. Payment of maintenance or support to court.
26 (a) In actions instituted under this Act, the court
27 shall order that maintenance and support payments be made to
28 the clerk of court as trustee for remittance to the person
29 entitled to receive the payments. However, the court in its
30 discretion may direct otherwise where circumstances so
31 warrant.
32 In cases in which a party is receiving child and spouse
33 support services under Article X of the Illinois Public Aid
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1 Code or under Sections 7.1 through 7.295 of the Attorney
2 General Act and the order for support provides that child
3 support payments be made to the obligee, the Illinois
4 Department of Public Aid (before the effective date of this
5 amendatory Act of 1997) or the Attorney General (on and after
6 that date) may provide notice to the obligor and the
7 obligor's payor, when income withholding is in effect under
8 Section 706.1 of this Act, to make all payments after receipt
9 of the Department's or Attorney General's notice to the clerk
10 of the court until further notice by the Department or the
11 Attorney General or order of the court. Copies of the notice
12 shall be provided to the obligee and the clerk. The clerk's
13 copy shall contain a proof of service on the obligor and the
14 obligor's payor, where applicable. The clerk shall file the
15 clerk's copy of the notice in the court file. The notice to
16 the obligor and the payor, if applicable, may be sent by
17 ordinary mail, certified mail, return receipt requested,
18 facsimile transmission, or other electronic process, or may
19 be served upon the obligor or payor using any method provided
20 by law for service of a summons. An obligor who fails to
21 comply with a notice provided under this paragraph is guilty
22 of a Class B misdemeanor. A payor who fails to comply with a
23 notice provided under this paragraph is guilty of a business
24 offense and subject to a fine of up to $1,000.
25 Upon notification in writing or by electronic
26 transmission from the Illinois Department of Public Aid
27 (before the effective date of this amendatory Act of 1997) or
28 the Attorney General (on and after that date) to the clerk of
29 the court that a person who is receiving support payments
30 under this Section is receiving services under the Child
31 Support Enforcement Program established by Title IV-D of the
32 Social Security Act, any support payments subsequently
33 received by the clerk of the court shall be transmitted in
34 accordance with the instructions of the Illinois Department
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1 of Public Aid or the Attorney General until the Department or
2 the Attorney General gives notice to the clerk of the court
3 to cease the transmittal. After providing the notification
4 authorized under this paragraph, the Illinois Department of
5 Public Aid (before the effective date of this amendatory Act
6 of 1997) or the Attorney General (on and after that date)
7 shall be entitled as a party to notice of any further
8 proceedings in the case. The clerk of the court shall file a
9 copy of the Illinois Department of Public Aid's or Attorney
10 General's notification in the court file. The failure of the
11 clerk to file a copy of the notification in the court file
12 shall not, however, affect the Illinois Department of Public
13 Aid's or Attorney General's right to receive notice of
14 further proceedings.
15 (b) The clerk of court shall maintain records listing
16 the amount of payments, the date payments are required to be
17 made and the names and addresses of the parties affected by
18 the order. For those cases in which support is payable to the
19 clerk of the circuit court for transmittal to the Illinois
20 Department of Public Aid by order of the court or upon
21 notification of the Illinois Department of Public Aid or the
22 Attorney General, and the Illinois Department of Public Aid
23 or the Attorney General collects support by assignment,
24 offset, withholding, deduction or other process permitted by
25 law, the Illinois Department or the Attorney General, as the
26 case may be, shall notify the clerk of the date and amount of
27 such collection. Upon notification, the clerk shall record
28 the collection on the payment record for the case.
29 (c) The parties affected by the order shall inform the
30 clerk of court of any change of address or of other condition
31 that may affect the administration of the order.
32 (d) The provisions of this Section shall not apply to
33 cases that come under the provisions of Sections 709 through
34 712.
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1 (Source: P.A. 90-18, eff. 7-1-97.)
2 (750 ILCS 5/510) (from Ch. 40, par. 510)
3 Sec. 510. Modification and termination of provisions for
4 maintenance, support, educational expenses, and property
5 disposition.
6 (a) Except as otherwise provided in paragraph (f) of
7 Section 502 and in subsection (d), clause (3) of Section
8 505.2, the provisions of any judgment respecting maintenance
9 or support may be modified only as to installments accruing
10 subsequent to due notice by the moving party of the filing of
11 the motion for modification and, with respect to maintenance,
12 only upon a showing of a substantial change in circumstances.
13 An order for child support may be modified as follows:
14 (1) upon a showing of a substantial change in
15 circumstances; and
16 (2) without the necessity of showing a substantial
17 change in circumstances, as follows:
18 (A) upon a showing of an inconsistency of at
19 least 20%, but no less than $10 per month, between
20 the amount of the existing order and the amount of
21 child support that results from application of the
22 guidelines specified in Section 505 of this Act
23 unless the inconsistency is due to the fact that the
24 amount of the existing order resulted from a
25 deviation from the guideline amount and there has
26 not been a change in the circumstances that resulted
27 in that deviation; or
28 (B) Upon a showing of a need to provide for
29 the health care needs of the child under the order
30 through health insurance or other means. In no
31 event shall the eligibility for or receipt of
32 medical assistance be considered to meet the need to
33 provide for the child's health care needs.
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1 The provisions of subparagraph (a)(2)(A) shall apply only
2 in cases in which a party is receiving child and spouse
3 support services from the Illinois Department of Public Aid
4 under Article X of the Illinois Public Aid Code or from the
5 Attorney General under Sections 7.1 through 7.295 of the
6 Attorney General Act, and only when at least 36 months have
7 elapsed since the order for child support was entered or last
8 modified.
9 (b) The provisions as to property disposition may not be
10 revoked or modified, unless the court finds the existence of
11 conditions that justify the reopening of a judgment under the
12 laws of this State.
13 (c) Unless otherwise agreed by the parties in a written
14 agreement set forth in the judgment or otherwise approved by
15 the court, the obligation to pay future maintenance is
16 terminated upon the death of either party, or the remarriage
17 of the party receiving maintenance, or if the party receiving
18 maintenance cohabits with another person on a resident,
19 continuing conjugal basis.
20 (d) Unless otherwise agreed in writing or expressly
21 provided in a judgment, provisions for the support of a child
22 are terminated by emancipation of the child, except as
23 otherwise provided herein, but not by the death of a parent
24 obligated to support or educate the child. An existing
25 obligation to pay for support or educational expenses, or
26 both, is not terminated by the death of a parent. When a
27 parent obligated to pay support or educational expenses, or
28 both, dies, the amount of support or educational expenses, or
29 both, may be enforced, modified, revoked or commuted to a
30 lump sum payment, as equity may require, and that
31 determination may be provided for at the time of the
32 dissolution of the marriage or thereafter.
33 (e) The right to petition for support or educational
34 expenses, or both, under Sections 505 and 513 is not
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1 extinguished by the death of a parent. Upon a petition filed
2 before or after a parent's death, the court may award sums of
3 money out of the decedent's estate for the child's support or
4 educational expenses, or both, as equity may require. The
5 time within which a claim may be filed against the estate of
6 a decedent under Sections 505 and 513 and subsection (d) and
7 this subsection shall be governed by the provisions of the
8 Probate Act of 1975, as a barrable, noncontingent claim.
9 (Source: P.A. 87-714; 88-42; 88-307; 88-670, eff. 12-2-94.)
10 (750 ILCS 5/516) (from Ch. 40, par. 516)
11 Sec. 516. Public Aid Collection fee.
12 (a) In all cases instituted before the effective date of
13 this amendatory Act of 1997 by the Illinois Department of
14 Public Aid on behalf of a child or spouse, other than one
15 receiving a grant of financial aid under Article IV of The
16 Illinois Public Aid Code, on whose behalf an application has
17 been made and approved for support services as provided by
18 Section 10-1 of that Code, the court shall impose a
19 collection fee on the individual who owes a child or spouse
20 support obligation in an amount equal to 10% of the amount so
21 owed as long as such collection is required by federal law,
22 which fee shall be in addition to the support obligation.
23 The imposition of such fee shall be in accordance with
24 provisions of Title IV, Part D, of the Social Security Act
25 and regulations duly promulgated thereunder. The fee shall
26 be payable to the clerk of the circuit court for transmittal
27 to the Illinois Department of Public Aid and shall continue
28 until support services are terminated by that Department,
29 except as otherwise provided in this subsection.
30 If a collection fee is imposed under this subsection and
31 if, on or after the effective date of this amendatory Act of
32 1997, the child or spouse receives support services under
33 Section 7.5 of the Attorney General Act, the fee shall be
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1 payable to the clerk of the circuit court for transmittal to
2 the Attorney General and shall continue until support
3 services are terminated by the Attorney General. Nothing in
4 this amendatory Act of 1997 shall be construed to affect the
5 validity of any collection fee imposed in accordance with the
6 first paragraph of this subsection.
7 (b) In all cases instituted on or after the effective
8 date of this amendatory Act of 1997 by the Attorney General
9 on behalf of a child or spouse, other than one receiving a
10 grant of financial aid under Article IV of the Illinois
11 Public Aid Code, on whose behalf an application has been made
12 and approved for support services as provided by Section 7.5
13 of the Attorney General Act, the court shall impose a
14 collection fee on the individual who owes a child or spouse
15 support obligation in an amount equal to 10% of the amount so
16 owed as long as such collection is required by federal law,
17 which fee shall be in addition to the support obligation.
18 The imposition of such fee shall be in accordance with
19 provisions of Title IV, Part D, of the Social Security Act
20 and regulations duly promulgated thereunder. The fee shall
21 be payable to the clerk of the circuit court for transmittal
22 to the Attorney General and shall continue until support
23 services are terminated by the Attorney General.
24 (Source: P.A. 82-979.)
25 (750 ILCS 5/705) (from Ch. 40, par. 705)
26 Sec. 705. Support payments; receiving and disbursing
27 agents.
28 (1) The provisions of this Section shall apply, except
29 as provided in Sections 709 through 712.
30 (2) In a dissolution of marriage action filed in a
31 county of less than 3 million population in which an order or
32 judgment for child support is entered, and in supplementary
33 proceedings in any such county to enforce or vary the terms
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1 of such order or judgment arising out of an action for
2 dissolution of marriage filed in such county, the court,
3 except as it otherwise orders, under subsection (4) of this
4 Section, may direct that child support payments be made to
5 the clerk of the court.
6 (3) In a dissolution of marriage action filed in any
7 county of 3 million or more population in which an order or
8 judgment for child support is entered, and in supplementary
9 proceedings in any such county to enforce or vary the terms
10 of such order or judgment arising out of an action for
11 dissolution of marriage filed in such county, the court,
12 except as it otherwise orders under subsection (4) of this
13 Section, may direct that child support payments be made
14 either to the clerk of the court or to the Court Service
15 Division of the County Department of Public Aid. After the
16 effective date of this Act, the court, except as it otherwise
17 orders under subsection (4) of this Section, may direct that
18 child support payments be made either to the clerk of the
19 court, the Attorney General, or to the Illinois Department
20 of Public Aid.
21 (4) In a dissolution of marriage action or supplementary
22 proceedings involving maintenance or child support payments,
23 or both, to persons who are recipients of aid under the
24 Illinois Public Aid Code, the court shall direct that such
25 payments be made to (a) the Attorney General Illinois
26 Department of Public Aid if the persons are recipients under
27 Articles III, IV, or V of the Code, or (b) the local
28 governmental unit responsible for their support if they are
29 recipients under Articles VI or VII of the Code. In
30 accordance with federal law and regulations, the Illinois
31 Department of Public Aid or the Attorney General may continue
32 to collect current maintenance payments or child support
33 payments, or both, after those persons cease to receive
34 public assistance and until termination of services under
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1 Article X of the Illinois Public Aid Code or under Sections
2 7.1 through 7.295 of the Attorney General Act. The Illinois
3 Department of Public Aid or the Attorney General shall pay
4 the net amount collected to those persons after deducting any
5 costs incurred in making the collection or any collection fee
6 from the amount of any recovery made. The order shall permit
7 the Illinois Department of Public Aid, or the Attorney
8 General, or the local governmental unit, as the case may be,
9 to direct that payments be made directly to the former
10 spouse, the children, or both, or to some person or agency in
11 their behalf, upon removal of the former spouse or children
12 from the public aid rolls or upon termination of services
13 under Article X of the Illinois Public Aid Code or under
14 Sections 7.1 through 7.295 of the Attorney General Act; and
15 upon such direction, the Illinois Department, Attorney
16 General, or local governmental unit, as the case requires,
17 shall give notice of such action to the court in writing or
18 by electronic transmission.
19 (5) All clerks of the court and the Court Service
20 Division of a County Department of Public Aid and, after the
21 effective date of this Act, all clerks of the court, the
22 Attorney General, and the Illinois Department of Public Aid,
23 receiving child support payments under subsections (2) and
24 (3) of this Section shall disburse the payments to the person
25 or persons entitled thereto under the terms of the order or
26 judgment. They shall establish and maintain current records
27 of all moneys received and disbursed and of defaults and
28 delinquencies in required payments. The court, by order or
29 rule, shall make provision for the carrying out of these
30 duties.
31 In cases in which a party is receiving child and spouse
32 support services under Article X of the Illinois Public Aid
33 Code or under Sections 7.1 through 7.295 of the Attorney
34 General Act and the order for support provides that child
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1 support payments be made to the obligee, the Illinois
2 Department of Public Aid (before the effective date of this
3 amendatory Act of 1997) or the Attorney General (on and after
4 that date) may provide notice to the obligor and the
5 obligor's payor, when income withholding is in effect under
6 Section 706.1 of this Act, to make all payments after receipt
7 of the Department's or Attorney General's notice to the clerk
8 of the court until further notice by the Department or the
9 Attorney General or order of the court. Copies of the notice
10 shall be provided to the obligee and the clerk. The clerk's
11 copy shall contain a proof of service on the obligor and the
12 obligor's payor, where applicable. The clerk shall file the
13 clerk's copy of the notice in the court file. The notice to
14 the obligor and the payor, if applicable, may be sent by
15 ordinary mail, certified mail, return receipt requested,
16 facsimile transmission, or other electronic process, or may
17 be served upon the obligor or payor using any method provided
18 by law for service of a summons. An obligor who fails to
19 comply with a notice provided under this paragraph is guilty
20 of a Class B misdemeanor. A payor who fails to comply with a
21 notice provided under this paragraph is guilty of a business
22 offense and subject to a fine of up to $1,000.
23 Upon notification in writing or by electronic
24 transmission from the Illinois Department of Public Aid
25 (before the effective date of this amendatory Act of 1997) or
26 the Attorney General (on and after that date) to the clerk of
27 the court that a person who is receiving support payments
28 under this Section is receiving services under the Child
29 Support Enforcement Program established by Title IV-D of the
30 Social Security Act, any support payments subsequently
31 received by the clerk of the court shall be transmitted in
32 accordance with the instructions of the Illinois Department
33 of Public Aid or the Attorney General until the Department or
34 the Attorney General gives notice to the clerk of the court
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1 to cease the transmittal. After providing the notification
2 authorized under this paragraph, the Illinois Department of
3 Public Aid (before the effective date of this amendatory Act
4 of 1997) or the Attorney General (on and after that date)
5 shall be entitled as a party to notice of any further
6 proceedings in the case. The clerk of the court shall file a
7 copy of the Illinois Department of Public Aid's or Attorney
8 General's notification in the court file. The failure of the
9 clerk to file a copy of the notification in the court file
10 shall not, however, affect the Illinois Department of Public
11 Aid's or Attorney General's right to receive notice of
12 further proceedings.
13 Payments under this Section to the Illinois Department of
14 Public Aid or the Attorney General pursuant to the Child
15 Support Enforcement Program established by Title IV-D of the
16 Social Security Act shall be paid into the Child Support
17 Enforcement Trust Fund. All other payments under this Section
18 to the Illinois Department of Public Aid shall be deposited
19 in the Public Assistance Recoveries Trust Fund. Disbursements
20 from these funds shall be as provided in the Illinois Public
21 Aid Code. Payments received by a local governmental unit
22 shall be deposited in that unit's General Assistance Fund.
23 Any order of court directing payment of child support to a
24 clerk of court or the Court Service Division of a County
25 Department of Public Aid, which order has been entered on or
26 after August 14, 1961, and prior to the effective date of
27 this Act, may be amended by the court in line with this Act;
28 and orders involving payments of maintenance or child support
29 to recipients of public aid may in like manner be amended to
30 conform to this Act.
31 (6) No filing fee or costs will be required in any
32 action brought at the request of the Illinois Department of
33 Public Aid or the Attorney General in any proceeding under
34 this Act. However, any such fees or costs may be assessed by
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1 the court against the respondent in the court's order of
2 support or any modification thereof in a proceeding under
3 this Act.
4 (7) For those cases in which child support is payable to
5 the clerk of the circuit court for transmittal to the
6 Illinois Department of Public Aid or the Attorney General by
7 order of court or upon notification by the Illinois
8 Department of Public Aid or the Attorney General, the clerk
9 shall transmit all such payments, within 4 working days of
10 receipt, to ensure insure that funds are available for
11 immediate distribution by the Department or the Attorney
12 General to the person or entity entitled thereto in
13 accordance with standards of the Child Support Enforcement
14 Program established under Title IV-D of the Social Security
15 Act. The clerk shall notify the Department or the Attorney
16 General of the date of receipt and amount thereof at the time
17 of transmittal. Where the clerk has entered into an
18 agreement of cooperation with the Department or the Attorney
19 General to record the terms of child support orders and
20 payments made thereunder directly into the IV-D Agency's
21 Department's automated data processing system, the clerk
22 shall account for, transmit and otherwise distribute child
23 support payments in accordance with such agreement in lieu of
24 the requirements contained herein.
25 In any action filed in a county with a population of
26 1,000,000 or less, the court shall assess against the
27 respondent in any order of maintenance or child support any
28 sum up to $36 annually authorized by ordinance of the county
29 board to be collected by the clerk of the court as costs for
30 administering the collection and disbursement of maintenance
31 and child support payments. Such sum shall be in addition to
32 and separate from amounts ordered to be paid as maintenance
33 or child support.
34 (Source: P.A. 90-18, eff. 7-1-97.)
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1 (750 ILCS 5/706.1) (from Ch. 40, par. 706.1)
2 Sec. 706.1. Withholding of Income to Secure Payment of
3 Support.
4 (A) Definitions.
5 (1) "Order for support" means any order of the court
6 which provides for periodic payment of funds for the support
7 of a child or maintenance of a spouse, whether temporary or
8 final, and includes any such order which provides for:
9 (a) Modification or resumption of, or payment of
10 arrearage accrued under, a previously existing order;
11 (b) Reimbursement of support; or
12 (c) Enrollment in a health insurance plan that is
13 available to the obligor through an employer or labor
14 union or trade union.
15 (2) "Arrearage" means the total amount of unpaid support
16 obligations as determined by the court and incorporated into
17 an order for support.
18 (2.5) "Business day" means a day on which State offices
19 are open for regular business.
20 (3) "Delinquency" means any payment under an order for
21 support which becomes due and remains unpaid after entry of
22 the order for support.
23 (4) "Income" means any form of periodic payment to an
24 individual, regardless of source, including, but not limited
25 to: wages, salary, commission, compensation as an independent
26 contractor, workers' compensation, disability, annuity,
27 pension, and retirement benefits, lottery prize awards,
28 insurance proceeds, vacation pay, bonuses, profit-sharing
29 payments, interest, and any other payments, made by any
30 person, private entity, federal or state government, any unit
31 of local government, school district or any entity created by
32 Public Act; however, "income" excludes:
33 (a) Any amounts required by law to be withheld,
34 other than creditor claims, including, but not limited
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1 to, federal, State and local taxes, Social Security and
2 other retirement and disability contributions;
3 (b) Union dues;
4 (c) Any amounts exempted by the federal Consumer
5 Credit Protection Act;
6 (d) Public assistance payments; and
7 (e) Unemployment insurance benefits except as
8 provided by law.
9 Any other State or local laws which limit or exempt
10 income or the amount or percentage of income that can be
11 withheld shall not apply.
12 (5) "Obligor" means the individual who owes a duty to
13 make payments under an order for support.
14 (6) "Obligee" means the individual to whom a duty of
15 support is owed or the individual's legal representative.
16 (7) "Payor" means any payor of income to an obligor.
17 (8) "Public office" means any elected official or any
18 State or local agency which is or may become responsible by
19 law for enforcement of, or which is or may become authorized
20 to enforce, an order for support, including, but not limited
21 to: the Attorney General, the Illinois Department of Public
22 Aid, the Illinois Department of Human Services, the Illinois
23 Department of Children and Family Services, and the various
24 State's Attorneys, Clerks of the Circuit Court and
25 supervisors of general assistance.
26 (9) "Premium" means the dollar amount for which the
27 obligor is liable to his employer or labor union or trade
28 union and which must be paid to enroll or maintain a child in
29 a health insurance plan that is available to the obligor
30 through an employer or labor union or trade union.
31 (B) Entry of Order for Support Containing Income Withholding
32 Provisions; Income Withholding Notice.
33 (1) In addition to any content required under other
34 laws, every order for support entered on or after July 1,
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1 1997, shall:
2 (a) Require an income withholding notice to be
3 prepared and served immediately upon any payor of the
4 obligor by the obligee or public office, unless a written
5 agreement is reached between and signed by both parties
6 providing for an alternative arrangement, approved and
7 entered into the record by the court, which ensures
8 payment of support. In that case, the order for support
9 shall provide that an income withholding notice is to be
10 prepared and served only if the obligor becomes
11 delinquent in paying the order for support; and
12 (b) Contain a dollar amount to be paid until
13 payment in full of any delinquency that accrues after
14 entry of the order for support. The amount for payment
15 of delinquency shall not be less than 20% of the total of
16 the current support amount and the amount to be paid
17 periodically for payment of any arrearage stated in the
18 order for support; and
19 (c) Include the obligor's Social Security Number,
20 which the obligor shall disclose to the court. If the
21 obligor is not a United States citizen, the obligor shall
22 disclose to the court, and the court shall include in the
23 order for support, the obligor's alien registration
24 number, passport number, and home country's social
25 security or national health number, if applicable.
26 (2) At the time the order for support is entered, the
27 Clerk of the Circuit Court shall provide a copy of the order
28 to the obligor and shall make copies available to the obligee
29 and public office.
30 (3) The income withholding notice shall:
31 (a) Be in the standard format prescribed by the
32 federal Department of Health and Human Services; and
33 (b) Direct any payor to withhold the dollar amount
34 required for current support under the order for support;
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1 and
2 (c) Direct any payor to withhold the dollar amount
3 required to be paid periodically under the order for
4 support for payment of the amount of any arrearage stated
5 in the order for support; and
6 (d) Direct any payor or labor union or trade union
7 to enroll a child as a beneficiary of a health insurance
8 plan and withhold or cause to be withheld, if applicable,
9 any required premiums; and
10 (e) State the amount of the payor income
11 withholding fee specified under this Section; and
12 (f) State that the amount actually withheld from
13 the obligor's income for support and other purposes,
14 including the payor withholding fee specified under this
15 Section, may not be in excess of the maximum amount
16 permitted under the federal Consumer Credit Protection
17 Act; and
18 (g) State the duties of the payor and the fines and
19 penalties for failure to withhold and pay over income and
20 for discharging, disciplining, refusing to hire, or
21 otherwise penalizing the obligor because of the duty to
22 withhold and pay over income under this Section; and
23 (h) State the rights, remedies, and duties of the
24 obligor under this Section; and
25 (i) Include the obligor's Social Security Number;
26 and
27 (j) Include the date that withholding for current
28 support terminates, which shall be the date of
29 termination of the current support obligation set forth
30 in the order for support.
31 (4) The accrual of a delinquency as a condition for
32 service of an income withholding notice, under the exception
33 to immediate withholding in paragraph (1) of this subsection,
34 shall apply only to the initial service of an income
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1 withholding notice on a payor of the obligor.
2 (5) Notwithstanding the exception to immediate
3 withholding contained in paragraph (1) of this subsection, if
4 the court finds at the time of any hearing that an arrearage
5 has accrued, the court shall order immediate service of an
6 income withholding notice upon the payor.
7 (6) If the order for support, under the exception to
8 immediate withholding contained in paragraph (1) of this
9 subsection, provides that an income withholding notice is to
10 be prepared and served only if the obligor becomes delinquent
11 in paying the order for support, the obligor may execute a
12 written waiver of that condition and request immediate
13 service on the payor.
14 (7) The obligee or public office may serve the income
15 withholding notice on the payor or its superintendent,
16 manager, or other agent by ordinary mail or certified mail
17 return receipt requested, by facsimile transmission or other
18 electronic means, by personal delivery, or by any method
19 provided by law for service of a summons. At the time of
20 service on the payor and as notice that withholding has
21 commenced, the obligee or public office shall serve a copy of
22 the income withholding notice on the obligor by ordinary mail
23 addressed to his or her last known address. Proofs of
24 service on the payor and the obligor shall be filed with the
25 Clerk of the Circuit Court.
26 (8) At any time after the initial service of an income
27 withholding notice under this Section, any other payor of the
28 obligor may be served with the same income withholding notice
29 without further notice to the obligor.
30 (9) (4) New service of an income order for withholding
31 notice is not required in order to resume withholding of
32 income in the case of an obligor with respect to whom an
33 income order for withholding notice was previously served on
34 the payor if withholding of income was terminated because of
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1 an interruption in the obligor's employment of less than 180
2 days.
3 (C) Income Withholding After Accrual of Delinquency.
4 (1) Whenever an obligor accrues a delinquency, the
5 obligee or public office may prepare and serve upon the
6 obligor's payor an income withholding notice that:
7 (a) Contains the information required under
8 paragraph (3) of subsection (B); and
9 (b) Contains a computation of the period and total
10 amount of the delinquency as of the date of the notice;
11 and
12 (c) Directs the payor to withhold the dollar amount
13 required to be withheld periodically under the order for
14 support for payment of the delinquency.
15 (2) The income withholding notice and the obligor's copy
16 of the income withholding notice shall be served as provided
17 in paragraph (7) of subsection (B).
18 (3) The obligor may contest withholding commenced under
19 this subsection by filing a petition to contest withholding
20 with the Clerk of the Circuit Court within 20 days after
21 service of a copy of the income withholding notice on the
22 obligor. However, the grounds for the petition to contest
23 withholding shall be limited to:
24 (a) A dispute concerning the existence or amount of
25 the delinquency; or
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 of the time and place of the
29 hearing on the petition to contest withholding. The court
30 shall hold the hearing pursuant to the provisions of
31 subsection (F).
32 (D) Initiated Withholding.
33 (1) Notwithstanding any other provision of this Section,
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1 if the court has not required that income withholding take
2 effect immediately, the obligee or public office may initiate
3 withholding, regardless of whether a delinquency has accrued,
4 by preparing and serving an income withholding notice on the
5 payor that contains the information required under paragraph
6 (3) of subsection (B) and states that the parties' written
7 agreement providing an alternative arrangement to immediate
8 withholding under paragraph (1) of subsection (B) no longer
9 ensures payment of support due and the reason or reasons why
10 it does not.
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 shall be
19 limited to a dispute concerning:
20 (a) whether the parties' written agreement providing
21 an alternative arrangement to immediate withholding under
22 paragraph (1) of subsection (B) continues to ensure
23 payment of support; or
24 (b) the identity of the obligor.
25 It shall not be grounds for filing a petition that the
26 obligor has made all payments due by the date of the
27 petition.
28 (4) If the obligor files a petition contesting
29 withholding within the 20-day period required under paragraph
30 (3), the Clerk of the Circuit Court shall notify the obligor
31 and the obligee or public office, as appropriate, of the time
32 and place of the hearing on the petition. The court shall
33 hold the hearing pursuant to the provisions of subsection
34 (F). regular or facsimile regular or facsimile
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1 (E) Duties of Payor.
2 (1) It shall be the duty of any payor who has been
3 served with an income withholding notice to deduct and pay
4 over income as provided in this subsection. The payor shall
5 deduct the amount designated in the income withholding
6 notice, as supplemented by any notice provided pursuant to
7 paragraph (6) of subsection (G), beginning no later than the
8 next payment of income which is payable or creditable to the
9 obligor that occurs 14 days following the date the income
10 withholding notice was mailed, sent by facsimile or other
11 electronic means, or placed for personal delivery to or
12 service on the payor. The payor may combine all amounts
13 withheld for the benefit of an obligee or public office into
14 a single payment and transmit the payment with a listing of
15 obligors from whom withholding has been effected. The payor
16 shall pay the amount withheld to the obligee or public office
17 within 7 business days after the date the amount would (but
18 for the duty to withhold income) have been paid or credited
19 to the obligor. If the payor knowingly fails to pay any
20 amount withheld to the obligee or public office within 7
21 business days after the date the amount would have been paid
22 or credited to the obligor, the payor shall pay a penalty of
23 $100 for each day that the withheld amount is not paid to the
24 obligee or public office after the period of 7 business days
25 has expired. The failure of a payor, on more than one
26 occasion, to pay amounts withheld to the obligee or public
27 office within 7 business days after the date the amount would
28 have been paid or credited to the obligor creates a
29 presumption that the payor knowingly failed to pay over the
30 amounts. This penalty, along with any amount required to be
31 withheld and paid, may be collected in a civil action which
32 may be brought against the payor in favor of the obligee or
33 public office. A finding of a payor's nonperformance within
34 the time required under this Section must be documented by a
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1 certified mail return receipt showing the date the income
2 order for withholding notice was served on the payor. For
3 purposes of this Section, a withheld amount shall be
4 considered paid by a payor on the date it is mailed by the
5 payor, or on the date an electronic funds transfer of the
6 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 the amount
10 would (but for the duty to withhold income) have been paid or
11 credited to the obligor. The payor shall not be required to
12 vary the normal pay and disbursement cycles in order to
13 comply with this paragraph.
14 Upon receipt of an income withholding notice requiring
15 that a minor child be named as a beneficiary of a health
16 insurance plan available through an employer or labor union
17 or trade union, the employer or labor union or trade union
18 shall immediately enroll the minor child as a beneficiary in
19 the health insurance plan designated by the income
20 withholding notice. The employer shall withhold any required
21 premiums and pay over any amounts so withheld and any
22 additional amounts the employer pays to the insurance carrier
23 in a timely manner. The employer or labor union or trade
24 union shall mail to the obligee, within 15 days of enrollment
25 or upon request, notice of the date of coverage, information
26 on the dependent coverage plan, and all forms necessary to
27 obtain reimbursement for covered health expenses, such as
28 would be made available to a new employee. When an order for
29 dependent coverage is in effect and the insurance coverage is
30 terminated or changed for any reason, the employer or labor
31 union or trade union shall notify the obligee within 10 days
32 of the termination or change date along with notice of
33 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 income
5 withholding notice 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 income withholding notice
15 pertaining to the same obligor, the payor shall allocate
16 income available for withholding on a proportionate share
17 basis, giving priority to current support payments. If there
18 is any income available for withholding after withholding for
19 all current support obligations, the payor shall allocate the
20 income to past due support payments ordered in cases in which
21 cash assistance under the Illinois Public Aid Code is not
22 being provided to the obligee and then to past due support
23 payments ordered in cases in which cash assistance under the
24 Illinois Public Aid Code is being provided to the obligee,
25 both on a proportionate share basis. A payor who complies
26 with an income withholding notice that is regular on its face
27 shall not be subject to civil liability with respect to any
28 individual, any agency, or any creditor of the obligor for
29 conduct in compliance with the notice.
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 (F) Petitions to Contest Withholding or to Modify, Suspend,
34 Terminate, or Correct Income Withholding Notices.
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1 (1) When an obligor files a petition to contest
2 withholding, the court, after due notice to all parties,
3 shall hear the matter as soon as practicable and shall enter
4 an order granting or denying relief, ordering service of an
5 amended income withholding notice, where applicable, or
6 otherwise resolving the matter.
7 The court shall deny the obligor's petition if the court
8 finds that when the income withholding notice was mailed,
9 sent by facsimile transmission or other electronic means, or
10 placed for personal delivery to or service on the payor:
11 (a) A delinquency existed; or
12 (b) The parties' written agreement providing an
13 alternative arrangement to immediate withholding under
14 paragraph (1) of subsection (B) no longer ensured payment
15 of support.
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
19 withholding notice because of a modification, suspension
20 or termination of the underlying order for support; or
21 (b) Modify the amount of income to be withheld to
22 reflect payment in full or in part of the delinquency or
23 arrearage by income withholding or otherwise; or
24 (c) Suspend the income withholding notice because
25 of inability to deliver income withheld to the obligee
26 due to the obligee's failure to provide a mailing address
27 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) The obligor, obligee or public office shall serve on
5 the payor, in the manner provided for service of income
6 withholding notices in paragraph (7) of subsection (B), a
7 copy of any order entered pursuant to this subsection that
8 affects the duties of the payor.
9 (5) At any time, a public office or Clerk of the Circuit
10 Court may serve a notice on the payor to:
11 (a) Cease withholding of income for payment of
12 current support for a child when the support obligation
13 for that child has automatically ceased under the order
14 for support through emancipation or otherwise; or
15 (b) Cease withholding of income for payment of
16 delinquency or arrearage when the delinquency or
17 arrearage has been paid in full.
18 (6) The notice provided for under paragraph (5) of this
19 subsection shall be served on the payor in the manner
20 provided for service of income withholding notices in
21 paragraph (7) of subsection (B), and a copy shall be provided
22 to the obligor and the obligee.
23 (7) The income withholding notice shall continue to be
24 binding upon the payor until service of an amended income
25 withholding notice or any order of the court or notice
26 entered or provided for under this subsection.
27 (G) Additional Duties.
28 (1) An obligee who is receiving income withholding
29 payments under this Section shall notify the payor, if the
30 obligee receives the payments directly from the payor, or the
31 public office or the Clerk of the Circuit Court, as
32 appropriate, of any change of address within 7 days of such
33 change.
34 (2) An obligee who is a recipient of public aid shall
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1 send a copy of any income withholding notice served by the
2 obligee to the Attorney General Division of Child Support
3 Enforcement of the Illinois Department of Public Aid.
4 (3) Each obligor shall notify the obligee, the public
5 office, and the Clerk of the Circuit Court of any change of
6 address within 7 days.
7 (4) An obligor whose income is being withheld or who has
8 been served with a notice of delinquency pursuant to this
9 Section shall notify the obligee, the public office, and the
10 Clerk of the Circuit Court of any new payor, within 7 days.
11 (5) When the Office of the Attorney General Illinois
12 Department of Public Aid is no longer authorized to receive
13 payments for the obligee, it shall, within 7 days, notify the
14 payor or, where appropriate, the Clerk of the Circuit Court,
15 to redirect income withholding payments to the obligee.
16 (6) The obligee or public office shall provide notice to
17 the payor and Clerk of the Circuit Court of any other support
18 payment made, including but not limited to, a set-off under
19 federal and State law or partial payment of the delinquency
20 or arrearage, or both.
21 (7) Any public office and Clerk of the Circuit Court
22 which collects, disburses or receives payments pursuant to
23 income withholding notices shall maintain complete, accurate,
24 and clear records of all payments and their disbursements.
25 Certified copies of payment records maintained by a public
26 office or Clerk of the Circuit Court shall, without further
27 proof, be admitted into evidence in any legal proceedings
28 under this Section.
29 (8) The Illinois Department of Public Aid (before the
30 effective date of this amendatory Act of 1997) or the
31 Attorney General (on and after that date) shall design
32 suggested legal forms for proceeding under this Section and
33 shall make available to the courts such forms and
34 informational materials which describe the procedures and
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1 remedies set forth herein for distribution to all parties in
2 support actions.
3 (9) At the time of transmitting each support payment,
4 the clerk of the circuit court shall provide the obligee or
5 public office, as appropriate, with any information furnished
6 by the payor as to the date the amount would (but for the
7 duty to withhold income) have been paid or credited to the
8 obligor.
9 (H) Penalties.
10 (1) Where a payor wilfully fails to withhold or pay over
11 income pursuant to a properly served income withholding
12 notice, or wilfully discharges, disciplines, refuses to hire
13 or otherwise penalizes an obligor as prohibited by subsection
14 (E), or otherwise fails to comply with any duties imposed by
15 this Section, the obligee, public office or obligor, as
16 appropriate, may file a complaint with the court against the
17 payor. The clerk of the circuit court shall notify the
18 obligee or public office, as appropriate, and the obligor and
19 payor of the time and place of the hearing on the complaint.
20 The court shall resolve any factual dispute including, but
21 not limited to, a denial that the payor is paying or has paid
22 income to the obligor. Upon a finding in favor of the
23 complaining party, the court:
24 (a) Shall enter judgment and direct the enforcement
25 thereof for the total amount that the payor wilfully
26 failed to withhold or pay over; and
27 (b) May order employment or reinstatement of or
28 restitution to the obligor, or both, where the obligor
29 has been discharged, disciplined, denied employment or
30 otherwise penalized by the payor and may impose a fine
31 upon the payor not to exceed $200.
32 (2) Any obligee, public office or obligor who wilfully
33 initiates a false proceeding under this Section or who
34 wilfully fails to comply with the requirements of this
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1 Section shall be punished as in cases of contempt of court.
2 (I) Alternative Procedures for Service of an Income
3 Withholding Notice.
4 (1) The procedures of this subsection may be used in any
5 matter to serve an income withholding notice on a payor if:
6 (a) For any reason the most recent order for
7 support entered does not contain the income withholding
8 provisions required under subsection (B), irrespective of
9 whether a separate order for withholding was entered
10 prior to July 1, 1997; and
11 (b) The obligor has accrued a delinquency after
12 entry of the most recent order for support.
13 (2) The obligee or public office shall prepare and serve
14 the income withholding notice in accordance with the
15 provisions of subsection (C), except that the notice shall
16 contain a periodic amount for payment of the delinquency
17 equal to 20% of the total of the current support amount and
18 the amount to be paid periodically for payment of any
19 arrearage stated in the most recent order for support.
20 (3) If the obligor requests in writing that income
21 withholding become effective prior to the obligor accruing a
22 delinquency under the most recent order for support, the
23 obligee or public office may prepare and serve an income
24 withholding notice on the payor as provided in subsection
25 (B). In addition to filing proofs of service of the income
26 withholding notice on the payor and the obligor, the obligee
27 or public office shall file a copy of the obligor's written
28 request for income withholding with the Clerk of the Circuit
29 Court.
30 (4) All other provisions of this Section shall be
31 applicable with respect to the provisions of this subsection
32 (I).
33 (J) Remedies in Addition to Other Laws.
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1 (1) The rights, remedies, duties and penalties created
2 by this Section are in addition to and not in substitution
3 for any other rights, remedies, duties and penalties created
4 by any other law.
5 (2) Nothing in this Section shall be construed as
6 invalidating any assignment of wages or benefits executed
7 prior to January 1, 1984 or any order for withholding served
8 prior to July 1, 1997.
9 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
10 90-425, eff. 8-15-97; revised 9-29-97.)
11 (750 ILCS 5/709) (from Ch. 40, par. 709)
12 Sec. 709. Mandatory child support payments to clerk.
13 (a) As of January 1, 1982, child support orders entered
14 in any county covered by this subsection shall be made
15 pursuant to the provisions of Sections 709 through 712 of
16 this Act. For purposes of these Sections, the term "child
17 support payment" or "payment" shall include any payment
18 ordered to be made solely for the purpose of the support of a
19 child or children or any payment ordered for general support
20 which includes any amount for support of any child or
21 children.
22 The provisions of Sections 709 through 712 shall be
23 applicable to any county with a population of 2 million or
24 more and to any other county which notifies the Supreme Court
25 of its desire to be included within the coverage of these
26 Sections and is certified pursuant to Supreme Court Rules.
27 The effective date of inclusion, however, shall be
28 subject to approval of the application for reimbursement of
29 the costs of the support program by the Department of Public
30 Aid (before the effective date of this amendatory Act of
31 1997) or the Attorney General (on and after that date) as
32 provided in Section 712.
33 (b) In any proceeding for a dissolution of marriage,
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1 legal separation, or declaration of invalidity of marriage,
2 or in any supplementary proceedings in which a judgment or
3 modification thereof for the payment of child support is
4 entered on or after January 1, 1982, in any county covered by
5 Sections 709 through 712, and the person entitled to payment
6 is receiving a grant of financial aid under Article IV of the
7 Illinois Public Aid Code or has applied and qualified for
8 support services under Section 10-1 of that Code or under
9 Section 7.5 of the Attorney General Act, the court shall
10 direct: (1) that such payments be made to the clerk of the
11 court and (2) that the parties affected shall each thereafter
12 notify the clerk of any change of address or change in other
13 conditions that may affect the administration of the order,
14 including the fact that a party who was previously not on
15 public aid has become a recipient of public aid, within 10
16 days of such change. All notices sent to the obligor's last
17 known address on file with the clerk shall be deemed
18 sufficient to proceed with enforcement pursuant to the
19 provisions of Sections 709 through 712.
20 In all other cases, the court may direct that payments be
21 made to the clerk of the court.
22 (c) Except as provided in subsection (d) of this
23 Section, the clerk shall disburse the payments to the person
24 or persons entitled thereto under the terms of the order or
25 judgment.
26 (d) The court shall determine, prior to the entry of the
27 support order, if the party who is to receive the support is
28 presently receiving public aid or has a current application
29 for public aid pending and shall enter the finding on the
30 record.
31 If the person entitled to payment is a recipient of aid
32 under the Illinois Public Aid Code, the clerk, upon being
33 informed of this fact by finding of the court, by
34 notification by the party entitled to payment, by the
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1 Illinois Department of Public Aid, the Attorney General, or
2 by the local governmental unit, shall make all payments to:
3 (1) the Attorney General Illinois Department of Public Aid if
4 the person is a recipient under Article III, IV, or V of the
5 Code or (2) the local governmental unit responsible for his
6 or her support if the person is a recipient under Article VI
7 or VII of the Code. In accordance with federal law and
8 regulations, the Illinois Department of Public Aid may
9 continue to collect current maintenance payments or child
10 support payments, or both, after those persons cease to
11 receive public assistance and until termination of services
12 under Article X of the Illinois Public Aid Code or under
13 Sections 7.1 through 7.295 of the Attorney General Act. The
14 Illinois Department of Public Aid or the Attorney General
15 shall pay the net amount collected to those persons after
16 deducting any costs incurred in making the collection or any
17 collection fee from the amount of any recovery made. Upon
18 termination of public aid payments to such a recipient or
19 termination of services under Article X of the Illinois
20 Public Aid Code or under Sections 7.1 through 7.295 of the
21 Attorney General Act, the Illinois Department of Public Aid,
22 the Attorney General, or the appropriate local governmental
23 unit shall notify the clerk in writing or by electronic
24 transmission that all subsequent payments are to be sent
25 directly to the person entitled thereto.
26 Upon notification in writing or by electronic
27 transmission from the Illinois Department of Public Aid
28 (before the effective date of this amendatory Act of 1997) or
29 the Attorney General (on and after that date) to the clerk
30 of the court that a person who is receiving support payments
31 under this Section is receiving services under the Child
32 Support Enforcement Program established by Title IV-D of the
33 Social Security Act, any support payments subsequently
34 received by the clerk of the court shall be transmitted in
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1 accordance with the instructions of the Illinois Department
2 of Public Aid or the Attorney General until the Department or
3 the Attorney General gives notice to the clerk of the court
4 to cease the transmittal. After providing the notification
5 authorized under this paragraph, the Illinois Department of
6 Public Aid (before the effective date of this amendatory Act
7 of 1997) or the Attorney General (on and after that date)
8 shall be entitled as a party to notice of any further
9 proceedings in the case. The clerk of the court shall file a
10 copy of the Illinois Department of Public Aid's or Attorney
11 General's notification in the court file. The failure of the
12 clerk to file a copy of the notification in the court file
13 shall not, however, affect the Illinois Department of Public
14 Aid's or Attorney General's right to receive notice of
15 further proceedings.
16 Payments under this Section to the Illinois Department of
17 Public Aid or the Attorney General pursuant to the Child
18 Support Enforcement Program established by Title IV-D of the
19 Social Security Act shall be paid into the Child Support
20 Enforcement Trust Fund. All other payments under this Section
21 to the Illinois Department of Public Aid shall be deposited
22 in the Public Assistance Recoveries Trust Fund. Disbursements
23 from these funds shall be as provided in the Illinois Public
24 Aid Code. Payments received by a local governmental unit
25 shall be deposited in that unit's General Assistance Fund.
26 (e) Any order or judgment may be amended by the court,
27 upon its own motion or upon the motion of either party, to
28 conform with the provisions of Sections 709 through 712,
29 either as to the requirement of making payments to the clerk
30 or, where payments are already being made to the clerk, as to
31 the statutory fees provided for under Section 711.
32 (f) The clerk may invest in any interest bearing account
33 or in any securities, monies collected for the benefit of a
34 payee, where such payee cannot be found; however, the
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1 investment may be only for the period until the clerk is able
2 to locate and present the payee with such monies. The clerk
3 may invest in any interest bearing account, or in any
4 securities, monies collected for the benefit of any other
5 payee; however, this does not alter the clerk's obligation to
6 make payments to the payee in a timely manner. Any interest
7 or capital gains accrued shall be for the benefit of the
8 county and shall be paid into the special fund established in
9 subsection (b) of Section 711.
10 (g) The clerk shall establish and maintain a payment
11 record of all monies received and disbursed and such record
12 shall constitute prima facie evidence of such payment and
13 non-payment, as the case may be.
14 (h) For those cases in which child support is payable to
15 the clerk of the circuit court for transmittal to the
16 Illinois Department of Public Aid or the Attorney General by
17 order of court or upon notification by the Illinois
18 Department of Public Aid or the Attorney General, the clerk
19 shall transmit all such payments, within 4 working days of
20 receipt, to ensure insure that funds are available for
21 immediate distribution by the Department to the person or
22 entity entitled thereto in accordance with standards of the
23 Child Support Enforcement Program established under Title
24 IV-D of the Social Security Act. The clerk shall notify the
25 Department of the date of receipt and amount thereof at the
26 time of transmittal. Where the clerk has entered into an
27 agreement of cooperation with the Department to record the
28 terms of child support orders and payments made thereunder
29 directly into the Department's automated data processing
30 system, the clerk shall account for, transmit and otherwise
31 distribute child support payments in accordance with such
32 agreement in lieu of the requirements contained herein.
33 (Source: P.A. 87-1252; 88-687, eff. 1-24-95.)
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1 (750 ILCS 5/712) (from Ch. 40, par. 712)
2 Sec. 712. (a) The Supreme Court may make Rules
3 concerning the certification of counties for inclusion in the
4 child support enforcement program and the application of the
5 procedures created by Sections 709 through 712 in the various
6 counties.
7 The Supreme Court shall inform each circuit court and
8 clerk of the court of the availability of the program to
9 reimburse counties desiring to participate in the program of
10 enforcement of child support payments.
11 The Supreme Court shall also distribute to each circuit
12 court and clerk of the court any materials prepared by the
13 Child and Spouse Support Unit comparing child support
14 enforcement in counties included and not included in this
15 program.
16 (b) Before the effective date of this amendatory Act of
17 1997, the Illinois Department of Public Aid, through the
18 Child and Spouse Support Unit provided for by Section 10-3.1
19 of The Illinois Public Aid Code, shall have general
20 supervision of the child support programs created by Sections
21 709 through 712 and shall have the powers and duties provided
22 in this Section, including the following:
23 (1) to make advance payments to any county included in
24 the program for expenses in preparing programs to enforce
25 payment of child support to the clerk from appropriations
26 made for such purposes by the General Assembly;
27 (2) to make payments to each covered county to pay for
28 its reasonable expenses actually necessary to maintain a
29 continuing program not paid for by fees, penalties, or other
30 monies; provided that, with respect to that portion of the
31 program on behalf of dependent children included in a grant
32 of financial aid under Article IV of The Illinois Public Aid
33 Code the Unit shall pay only such expenses as is its current
34 practice or as it may deem appropriate; provided further that
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1 the Unit shall only pay expenses of the entire program
2 subject to the availability of federal monies to pay the
3 majority of expenses of the entire child support enforcement
4 program; provided further that the Unit or Department may set
5 standards relating to enforcement which have to be met by any
6 county seeking to enter a contract with the Department for
7 reimbursement of expenses of the entire enforcement program
8 prior to an application for reimbursement being approved and
9 the contract granted; and provided further that such
10 standards may relate to, but are not limited to the following
11 factors: maintenance of the payment record, the definition of
12 delinquency; the period of time in which a delinquency must
13 be determined, the payor notified, the remittance received,
14 the referral to the state's attorney made, and the payment
15 remitted by the clerk to the payee or other party entitled to
16 the payment; the conditions under which referral will not be
17 made to the state's attorney; and the definitions and
18 procedures for other matters necessary for the conduct and
19 operation of the program;
20 (3) to monitor the various local programs for
21 enforcement of child support payments to the clerk;
22 (4) to act to encourage enforcement whenever local
23 enforcement procedures are inadequate;
24 (5) to receive monies from any source for assistance in
25 enforcement of child support; and
26 (6) to assist any county desirous of assistance in
27 establishing and maintaining a child support enforcement
28 program.
29 (b-5) On and after the effective date of this amendatory
30 Act of 1997, the Attorney General, through the Child and
31 Spouse Support Unit provided for by Section 7.20 of the
32 Attorney General Act, shall have general supervision of the
33 child support programs created by Sections 709 through 712
34 and shall have the powers and duties provided in this
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1 Section, including those assigned to the Illinois Department
2 of Public Aid and its Child and Spouse Support Unit under
3 subsection (b).
4 (c) Any county may apply for financial assistance to the
5 Unit to initiate or maintain a program of child support
6 enforcement. Every county which desires such assistance
7 shall apply according to procedures established by the Unit.
8 In its application, it shall state the following: financial
9 needs, personnel requirements, anticipated caseloads, any
10 amounts collected or anticipated in fees or penalties, and
11 any other information required by the Unit.
12 (d) In the case that any advance money is given to any
13 county under this Section to initiate an enforcement system,
14 the county shall reimburse the state within 2 years from the
15 date such monies are given to it. The Unit may establish an
16 appropriate schedule of reimbursement for any county.
17 (e) In the event of the unavailability of federal monies
18 to pay for the greater part of the costs to a county of the
19 child support enforcement program under Sections 709 through
20 712 and the resulting cessation of state participation, the
21 operation of the child support enforcement program under
22 Sections 709 through 712 shall terminate. The date and the
23 method of termination shall be determined by Supreme Court
24 Rule.
25 (Source: P.A. 84-1395.)
26 Section 55. The Non-Support of Spouse and Children Act
27 is amended by changing Sections 2.1, 3, 4, 4.1, 11, and 12 as
28 follows:
29 (750 ILCS 15/2.1) (from Ch. 40, par. 1105)
30 Sec. 2.1. Support payments; receiving and disbursing
31 agents.
32 (1) In actions instituted under this Act on and after
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1 August 14, 1961, involving a minor child or children, the
2 Court, except in actions instituted on or after August 26,
3 1969, in which the support payments are in behalf of a
4 recipient of aid under the Illinois Public Aid Code, shall
5 direct that moneys ordered to be paid for support under
6 Sections 3 and 4 of this Act shall be paid to the clerk of
7 the court in counties of less than 3 million population, and
8 in counties of 3 million or more population, to the clerk or
9 probation officer of the court or to the Court Service
10 Division of the County Department of Public Aid. After the
11 effective date of this amendatory Act of 1975, the court
12 shall direct that such support moneys be paid to the clerk or
13 probation officer or the Illinois Department of Public Aid.
14 However, the court in its discretion may direct otherwise
15 where exceptional circumstances so warrant. If payment is to
16 be made to persons other than the clerk or probation officer,
17 the Attorney General, the Court Service Division of the
18 County Department of Public Aid, or the Illinois Department
19 of Public Aid, the judgment or order of support shall set
20 forth the facts of the exceptional circumstances.
21 (2) In actions instituted after August 26, 1969, where
22 the support payments are in behalf of spouses, children, or
23 both, who are recipients of aid under the Illinois Public Aid
24 Code, the court shall order the payments to be made directly
25 to (1) the Attorney General Illinois Department of Public Aid
26 if the person is a recipient under Articles III, IV or V of
27 the Code, or (2) to the local governmental unit responsible
28 for the support of the person if he or she is a recipient
29 under Articles VI or VII of the Code. In accordance with
30 federal law and regulations, the Illinois Department of
31 Public Aid or the Attorney General may continue to collect
32 current maintenance payments or child support payments, or
33 both, after those persons cease to receive public assistance
34 and until termination of services under Article X of the
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1 Illinois Public Aid Code or under Sections 7.1 through 7.295
2 of the Attorney General Act. The Illinois Department of
3 Public Aid or the Attorney General shall pay the net amount
4 collected to those persons after deducting any costs incurred
5 in making the collection or any collection fee from the
6 amount of any recovery made. The order shall permit the
7 Illinois Department of Public Aid, the Attorney General, or
8 the local governmental unit, as the case may be, to direct
9 that support payments be made directly to the spouse,
10 children, or both, or to some person or agency in their
11 behalf, upon removal of the spouse or children from the
12 public aid rolls or upon termination of services under
13 Article X of the Illinois Public Aid Code or under Sections
14 7.1 through 7.295 of the Attorney General Act; and upon such
15 direction, the Illinois Department or the local governmental
16 unit, as the case requires, shall give notice of such action
17 to the court in writing or by electronic transmission.
18 (3) The clerks, probation officers, and the Court
19 Service Division of the County Department of Public Aid in
20 counties of 3 million or more population, and, after the
21 effective date of this amendatory Act of 1975, the clerks,
22 probation officers, the Attorney General, and the Illinois
23 Department of Public Aid, shall disburse moneys paid to them
24 to the person or persons entitled thereto under the order of
25 the Court. They shall establish and maintain current records
26 of all moneys received and disbursed and of delinquencies and
27 defaults in required payments. The Court, by order or rule,
28 shall make provision for the carrying out of these duties.
29 In cases in which a party is receiving child and spouse
30 support services under Article X of the Illinois Public Aid
31 Code or under Sections 7.1 through 7.295 of the Attorney
32 General Act and the order for support provides that child
33 support payments be made to the obligee, the Illinois
34 Department of Public Aid (before the effective date of this
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1 amendatory Act of 1997) or the Attorney General (on and after
2 that date) may provide notice to the obligor and the
3 obligor's payor, when income withholding is in effect under
4 Section 4.1 of this Act, to make all payments after receipt
5 of the Department's or Attorney General's notice to the clerk
6 of the court until further notice by the Department or the
7 Attorney General or order of the court. Copies of the
8 notice shall be provided to the obligee and the clerk. The
9 clerk's copy shall contain a proof of service on the obligor
10 and the obligor's payor, where applicable. The clerk shall
11 file the clerk's copy of the notice in the court file. The
12 notice to the obligor and the payor, if applicable, may be
13 sent by ordinary mail, certified mail, return receipt
14 requested, facsimile transmission, or other electronic
15 process, or may be served upon the obligor or payor using any
16 method provided by law for service of a summons. An obligor
17 who fails to comply with a notice provided under this
18 paragraph is guilty of a Class B misdemeanor. A payor who
19 fails to comply with a notice provided under this paragraph
20 is guilty of a business offense and subject to a fine of up
21 to $1,000.
22 Upon notification in writing or by electronic
23 transmission from the Illinois Department of Public Aid
24 (before the effective date of this amendatory Act of 1997) or
25 the Attorney General (on and after that date) to the clerk of
26 the court that a person who is receiving support payments
27 under this Section is receiving services under the Child
28 Support Enforcement Program established by Title IV-D of the
29 Social Security Act, any support payments subsequently
30 received by the clerk of the court shall be transmitted in
31 accordance with the instructions of the Illinois Department
32 of Public Aid or the Attorney General until the Department
33 or the Attorney General gives notice to the clerk of the
34 court to cease the transmittal. After providing the
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1 notification authorized under this paragraph, the Illinois
2 Department of Public Aid (before the effective date of this
3 amendatory Act of 1997) or the Attorney General (on and after
4 that date) shall be entitled as a party to notice of any
5 further proceedings in the case. The clerk of the court
6 shall file a copy of the Illinois Department of Public Aid's
7 or Attorney General's notification in the court file. The
8 failure of the clerk to file a copy of the notification in
9 the court file shall not, however, affect the Illinois
10 Department of Public Aid's or Attorney General's right to
11 receive notice of further proceedings.
12 (4) Payments under this Section to the Illinois
13 Department of Public Aid or the Attorney General pursuant to
14 the Child Support Enforcement Program established by Title
15 IV-D of the Social Security Act shall be paid into the Child
16 Support Enforcement Trust Fund. All other payments under this
17 Section to the Illinois Department of Public Aid shall be
18 deposited in the Public Assistance Recoveries Trust Fund.
19 Disbursements from these funds shall be as provided in the
20 Illinois Public Aid Code. Payments received by a local
21 governmental unit shall be deposited in that unit's General
22 Assistance Fund.
23 (5) Orders and assignments entered or executed prior to
24 the Act approved August 14, 1961 shall not be affected
25 thereby. Employers served with wage assignments executed
26 prior to that date shall comply with the terms thereof.
27 However, the Court, on petition of the state's attorney, or
28 of the Illinois Department of Public Aid or local
29 governmental unit in respect to recipients of public aid, may
30 order the execution of new assignments and enter new orders
31 designating the clerk, probation officer, or the Illinois
32 Department of Public Aid or appropriate local governmental
33 unit in respect to payments in behalf of recipients of public
34 aid, as the person or agency authorized to receive and
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1 disburse the salary or wages assigned. On like petition the
2 Court may enter new orders designating such officers,
3 agencies or governmental units to receive and disburse the
4 payments ordered under Section 4.
5 (6) For those cases in which child support is payable to
6 the clerk of the circuit court for transmittal to the
7 Illinois Department of Public Aid or the Attorney General by
8 order of court or upon notification by the Illinois
9 Department of Public Aid or the Attorney General, the clerk
10 shall transmit all such payments, within 4 working days of
11 receipt, to ensure insure that funds are available for
12 immediate distribution by the Department or the Attorney
13 General to the person or entity entitled thereto in
14 accordance with standards of the Child Support Enforcement
15 Program established under Title IV-D of the Social Security
16 Act. The clerk shall notify the Department or the Attorney
17 General of the date of receipt and amount thereof at the time
18 of transmittal. Where the clerk has entered into an
19 agreement of cooperation with the Department or the Attorney
20 General to record the terms of child support orders and
21 payments made thereunder directly into the IV-D Agency's
22 Department's automated data processing system, the clerk
23 shall account for, transmit and otherwise distribute child
24 support payments in accordance with such agreement in lieu of
25 the requirements contained herein.
26 (Source: P.A. 90-18, eff. 7-1-97.)
27 (750 ILCS 15/3) (from Ch. 40, par. 1106)
28 Sec. 3. At any time before the trial, upon motion of the
29 State's Attorney, or of the Attorney General if the action
30 has been instituted by his office, and upon notice to the
31 defendant, or at the time of arraignment or as a condition of
32 the postponement of arraignment, the court at any time may
33 enter such temporary order as may seem just, providing for
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1 the support or maintenance of the spouse or child or children
2 of the defendant, or both, pendente lite.
3 The Court shall determine the amount of child support by
4 using the guidelines and standards set forth in subsection
5 (a) of Section 505 and in Section 505.2 of the Illinois
6 Marriage and Dissolution of Marriage Act.
7 The Court shall determine the amount of maintenance using
8 the standards set forth in Section 504 of the Illinois
9 Marriage and Dissolution of Marriage Act.
10 The court may for violation of any order under this
11 Section punish the offender as for a contempt of court, but
12 no pendente lite order shall remain in force for a longer
13 term than 4 months, or after the discharge of any panel of
14 jurors summoned for service thereafter in such court,
15 whichever is the sooner.
16 Any new or existing support order entered by the court
17 under this Section shall be deemed to be a series of
18 judgments against the person obligated to pay support
19 thereunder, each such judgment to be in the amount of each
20 payment or installment of support and each such judgment to
21 be deemed entered as of the date the corresponding payment or
22 installment becomes due under the terms of the support order.
23 Each such judgment shall have the full force, effect and
24 attributes of any other judgment of this State, including the
25 ability to be enforced. Any such judgment is subject to
26 modification or termination only in accordance with Section
27 510 of the Illinois Marriage and Dissolution of Marriage Act.
28 A lien arises by operation of law against the real and
29 personal property of the noncustodial parent for each
30 installment of overdue support owed by the noncustodial
31 parent.
32 A one-time interest charge of 20% is imposable upon the
33 amount of past-due child support owed on July 1, 1988 which
34 has accrued under a support order entered by the court. The
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1 charge shall be imposed in accordance with the provisions of
2 Section 10-21 of the Illinois Public Aid Code and shall be
3 enforced by the court upon petition. On and after the
4 effective date of this amendatory Act of 1997, the Attorney
5 General may collect, on behalf of the Illinois Department of
6 Public Aid, any charge imposed in accordance with this
7 paragraph. Nothing in this amendatory Act of 1997 shall be
8 construed to affect the validity of any charge imposed in
9 accordance with this paragraph.
10 All orders for support, when entered or modified, shall
11 include a provision requiring the non-custodial parent to
12 notify the court and, in cases in which a party is receiving
13 child and spouse support services under Article X of the
14 Illinois Public Aid Code or under Sections 7.1 through 7.295
15 of the Attorney General Act, the Illinois Department of
16 Public Aid (before the effective date of this amendatory Act
17 of 1997) or the Attorney General (on and after that date),
18 within 7 days, (i) of the name and address of any new
19 employer of the non-custodial parent, (ii) whether the
20 non-custodial parent has access to health insurance coverage
21 through the employer or other group coverage and, if so, the
22 policy name and number and the names of persons covered under
23 the policy, and (iii) of any new residential or mailing
24 address or telephone number of the non-custodial parent. In
25 any subsequent action to enforce a support order, upon a
26 sufficient showing that a diligent effort has been made to
27 ascertain the location of the non-custodial parent, service
28 of process or provision of notice necessary in the case may
29 be made at the last known address of the non-custodial parent
30 in any manner expressly provided by the Code of Civil
31 Procedure or this Act, which service shall be sufficient for
32 purposes of due process.
33 An order for support shall include a date on which the
34 current support obligation terminates. The termination date
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1 shall be no earlier than the date on which the child covered
2 by the order will attain the age of majority or is otherwise
3 emancipated. The order for support shall state that the
4 termination date does not apply to any arrearage that may
5 remain unpaid on that date. Nothing in this paragraph shall
6 be construed to prevent the court from modifying the order.
7 (Source: P.A. 90-18, eff. 7-1-97.)
8 (750 ILCS 15/4) (from Ch. 40, par. 1107)
9 Sec. 4. Whenever a fine is imposed it may be directed by
10 the court to be paid, in whole or in part, to the spouse, or
11 if the support of a minor child or children is involved, to
12 the clerk, probation officer, the Court Service Division of
13 the County Department of Public Aid in counties of 3 million
14 or more population or to the Illinois Department of Public
15 Aid, the Attorney General, or a local governmental unit if a
16 recipient of public aid is involved, in accordance with
17 Section 2.1, as the case requires, to be disbursed by such
18 officers, agency or governmental unit under the terms of the
19 order. However, before the trial with the consent of the
20 defendant, or at the trial on entry of a plea of guilty, or
21 after conviction, instead of imposing the penalty provided in
22 this Act, or in addition thereto, the court in its
23 discretion, having regard to the circumstances and the
24 financial ability or earning capacity of the defendant, may
25 make an order, subject to change by the court from time to
26 time as circumstances may require, directing the defendant to
27 pay a certain sum periodically for a term not exceeding 3
28 years to the spouse or, if the support of a minor child or
29 children is involved, to the clerk, probation officer, the
30 Court Service Division of the County Department of Public Aid
31 in counties of 3 million or more population or to the
32 Illinois Department of Public Aid, the Attorney General, or a
33 local governmental unit if a recipient of public aid is
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1 involved in accordance with Section 2.1, as the case
2 requires, to be disbursed by such officers, agency or
3 governmental unit under the terms of the order.
4 The Court shall determine the amount of child support by
5 using the standards set forth in subsection (a) of Section
6 505 and in Section 505.2 of the Illinois Marriage and
7 Dissolution of Marriage Act.
8 The Court shall determine the amount of maintenance using
9 the standards set forth in Section 504 of the Illinois
10 Marriage and Dissolution of Marriage Act.
11 The court may also relieve the defendant from custody on
12 probation for the period fixed in the order or judgment upon
13 his or her entering into a recognizance, with or without
14 surety, in such sum as the court orders and approves. The
15 condition of the recognizance shall be such that if the
16 defendant makes his or her personal appearance in court
17 whenever ordered to do so by the court, during such period as
18 may be so fixed, and further complies with the terms of the
19 order of support, or of any subsequent modification thereof,
20 then the recognizance shall be void; otherwise in full force
21 and effect.
22 Any new or existing support order entered by the court
23 under this Section shall be deemed to be a series of
24 judgments against the person obligated to pay support
25 thereunder, each such judgment to be in the amount of each
26 payment or installment of support and each such judgment to
27 be deemed entered as of the date the corresponding payment or
28 installment becomes due under the terms of the support order.
29 Each such judgment shall have the full force, effect and
30 attributes of any other judgment of this State, including the
31 ability to be enforced. Any such judgment is subject to
32 modification or termination only in accordance with Section
33 510 of the Illinois Marriage and Dissolution of Marriage Act.
34 A one-time charge of 20% is imposable upon the amount of
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1 past-due child support owed on July 1, 1988 which has accrued
2 under a support order entered by the court. The charge shall
3 be imposed in accordance with the provisions of Section 10-21
4 of the Illinois Public Aid Code and shall be enforced by the
5 court upon petition. On and after the effective date of this
6 amendatory Act of 1997, the Attorney General may collect, on
7 behalf of the Illinois Department of Public Aid, any charge
8 imposed in accordance with this paragraph. Nothing in this
9 amendatory Act of 1997 shall be construed to affect the
10 validity of any charge imposed in accordance with this
11 paragraph.
12 An order for support entered or modified in a case in
13 which a party is receiving child and spouse support services
14 under Article X of the Illinois Public Aid Code or under
15 Sections 7.1 through 7.295 of the Attorney General Act shall
16 include a provision requiring the non-custodial parent to
17 notify the Illinois Department of Public Aid (before the
18 effective date of this amendatory Act of 1997) or the
19 Attorney General (on and after that date), within 7 days, of
20 the name and address of any new employer of the non-custodial
21 parent, whether the non-custodial parent has access to health
22 insurance coverage through the employer or other group
23 coverage, and, if so, the policy name and number and the
24 names of persons covered under the policy.
25 An order for support shall include a date on which the
26 current support obligation terminates. The termination date
27 shall be no earlier than the date on which the child covered
28 by the order will attain the age of majority or is otherwise
29 emancipated. The order for support shall state that the
30 termination date does not apply to any arrearage that may
31 remain unpaid on that date. Nothing in this paragraph shall
32 be construed to prevent the court from modifying the order.
33 (Source: P.A. 88-307.)
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1 (750 ILCS 15/4.1) (from Ch. 40, par. 1107.1)
2 Sec. 4.1. Withholding of Income to Secure Payment of
3 Support.
4 (A) Definitions.
5 (1) "Order for support" means any order of the court
6 which provides for periodic payment of funds for the support
7 of a child or maintenance of a spouse, whether temporary or
8 final, and includes any such order which provides for:
9 (a) Modification or resumption of, or payment of
10 arrearage accrued under, a previously existing order;
11 (b) Reimbursement of support; or
12 (c) Enrollment in a health insurance plan that is
13 available to the obligor through an employer or labor
14 union or trade union.
15 (2) "Arrearage" means the total amount of unpaid support
16 obligations as determined by the court and incorporated into
17 an order for support.
18 (2.5) "Business day" means a day on which State offices
19 are open for regular business.
20 (3) "Delinquency" means any payment under an order for
21 support which becomes due and remains unpaid after entry of
22 the order for support.
23 (4) "Income" means any form of periodic payment to an
24 individual, regardless of source, including, but not limited
25 to: wages, salary, commission, compensation as an independent
26 contractor, workers' compensation, disability, annuity,
27 pension, and retirement benefits, lottery prize awards,
28 insurance proceeds, vacation pay, bonuses, profit-sharing
29 payments, interest, and any other payments, made by any
30 person, private entity, federal or state government, any unit
31 of local government, school district or any entity created by
32 Public Act; however, "income" excludes:
33 (a) Any amounts required by law to be withheld,
34 other than creditor claims, including, but not limited
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1 to, federal, State and local taxes, Social Security and
2 other retirement and disability contributions;
3 (b) Union dues;
4 (c) Any amounts exempted by the federal Consumer
5 Credit Protection Act;
6 (d) Public assistance payments; and
7 (e) Unemployment insurance benefits except as
8 provided by law.
9 Any other State or local laws which limit or exempt
10 income or the amount or percentage of income that can be
11 withheld shall not apply.
12 (5) "Obligor" means the individual who owes a duty to
13 make payments under an order for support.
14 (6) "Obligee" means the individual to whom a duty of
15 support is owed or the individual's legal representative.
16 (7) "Payor" means any payor of income to an obligor.
17 (8) "Public office" means any elected official or any
18 State or local agency which is or may become responsible by
19 law for enforcement of, or which is or may become authorized
20 to enforce, an order for support, including, but not limited
21 to: the Attorney General, the Illinois Department of Public
22 Aid, the Illinois Department of Human Services, the Illinois
23 Department of Children and Family Services, and the various
24 State's Attorneys, Clerks of the Circuit Court and
25 supervisors of general assistance.
26 (9) "Premium" means the dollar amount for which the
27 obligor is liable to his employer or labor union or trade
28 union and which must be paid to enroll or maintain a child in
29 a health insurance plan that is available to the obligor
30 through an employer or labor union or trade union.
31 (B) Entry of Order for Support Containing Income Withholding
32 Provisions; Income Withholding Notice.
33 (1) In addition to any content required under other
34 laws, every order for support entered on or after July 1,
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1 1997, shall:
2 (a) Require an income withholding notice to be
3 prepared and served immediately upon any payor of the
4 obligor by the obligee or public office, unless a written
5 agreement is reached between and signed by both parties
6 providing for an alternative arrangement, approved and
7 entered into the record by the court, which ensures
8 payment of support. In that case, the order for support
9 shall provide that an income withholding notice is to be
10 prepared and served only if the obligor becomes
11 delinquent in paying the order for support; and
12 (b) Contain a dollar amount to be paid until
13 payment in full of any delinquency that accrues after
14 entry of the order for support. The amount for payment
15 of delinquency shall not be less than 20% of the total of
16 the current support amount and the amount to be paid
17 periodically for payment of any arrearage stated in the
18 order for support; and
19 (c) Include the obligor's Social Security Number,
20 which the obligor shall disclose to the court. If the
21 obligor is not a United States citizen, the obligor shall
22 disclose to the court, and the court shall include in the
23 order for support, the obligor's alien registration
24 number, passport number, and home country's social
25 security or national health number, if applicable.
26 (2) At the time the order for support is entered, the
27 Clerk of the Circuit Court shall provide a copy of the order
28 to the obligor and shall make copies available to the obligee
29 and public office.
30 (3) The income withholding notice shall:
31 (a) Be in the standard format prescribed by the
32 federal Department of Health and Human Services; and
33 (b) Direct any payor to withhold the dollar amount
34 required for current support under the order for support;
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1 and
2 (c) Direct any payor to withhold the dollar amount
3 required to be paid periodically under the order for
4 support for payment of the amount of any arrearage stated
5 in the order for support; and
6 (d) Direct any payor or labor union or trade union
7 to enroll a child as a beneficiary of a health insurance
8 plan and withhold or cause to be withheld, if applicable,
9 any required premiums; and
10 (e) State the amount of the payor income
11 withholding fee specified under this Section; and
12 (f) State that the amount actually withheld from
13 the obligor's income for support and other purposes,
14 including the payor withholding fee specified under this
15 Section, may not be in excess of the maximum amount
16 permitted under the federal Consumer Credit Protection
17 Act; and
18 (g) State the duties of the payor and the fines and
19 penalties for failure to withhold and pay over income and
20 for discharging, disciplining, refusing to hire, or
21 otherwise penalizing the obligor because of the duty to
22 withhold and pay over income under this Section; and
23 (h) State the rights, remedies, and duties of the
24 obligor under this Section; and
25 (i) Include the obligor's Social Security Number;
26 and
27 (j) Include the date that withholding for current
28 support terminates, which shall be the date of
29 termination of the current support obligation set forth
30 in the order for support.
31 (4) The accrual of a delinquency as a condition for
32 service of an income withholding notice, under the exception
33 to immediate withholding in paragraph (1) of this subsection,
34 shall apply only to the initial service of an income
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1 withholding notice on a payor of the obligor.
2 (5) Notwithstanding the exception to immediate
3 withholding contained in paragraph (1) of this subsection, if
4 the court finds at the time of any hearing that an arrearage
5 has accrued, the court shall order immediate service of an
6 income withholding notice upon the payor.
7 (6) If the order for support, under the exception to
8 immediate withholding contained in paragraph (1) of this
9 subsection, provides that an income withholding notice is to
10 be prepared and served only if the obligor becomes delinquent
11 in paying the order for support, the obligor may execute a
12 written waiver of that condition and request immediate
13 service on the payor.
14 (7) The obligee or public office may serve the income
15 withholding notice on the payor or its superintendent,
16 manager, or other agent by ordinary mail or certified mail
17 return receipt requested, by facsimile transmission or other
18 electronic means, by personal delivery, or by any method
19 provided by law for service of a summons. At the time of
20 service on the payor and as notice that withholding has
21 commenced, the obligee or public office shall serve a copy of
22 the income withholding notice on the obligor by ordinary mail
23 addressed to his or her last known address. Proofs of
24 service on the payor and the obligor shall be filed with the
25 Clerk of the Circuit Court.
26 (8) At any time after the initial service of an income
27 withholding notice under this Section, any other payor of the
28 obligor may be served with the same income withholding notice
29 without further notice to the obligor.
30 (9) (4) New service of an income order for withholding
31 notice is not required in order to resume withholding of
32 income in the case of an obligor with respect to whom an
33 income order for withholding notice was previously served on
34 the payor if withholding of income was terminated because of
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1 an interruption in the obligor's employment of less than 180
2 days.
3 (C) Income Withholding After Accrual of Delinquency.
4 (1) Whenever an obligor accrues a delinquency, the
5 obligee or public office may prepare and serve upon the
6 obligor's payor an income withholding notice that:
7 (a) Contains the information required under
8 paragraph (3) of subsection (B); and
9 (b) Contains a computation of the period and total
10 amount of the delinquency as of the date of the notice;
11 and
12 (c) Directs the payor to withhold the dollar amount
13 required to be withheld periodically under the order for
14 support for payment of the delinquency.
15 (2) The income withholding notice and the obligor's copy
16 of the income withholding notice shall be served as provided
17 in paragraph (7) of subsection (B).
18 (3) The obligor may contest withholding commenced under
19 this subsection by filing a petition to contest withholding
20 with the Clerk of the Circuit Court within 20 days after
21 service of a copy of the income withholding notice on the
22 obligor. However, the grounds for the petition to contest
23 withholding shall be limited to:
24 (a) A dispute concerning the existence or amount of
25 the delinquency; or
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 of the time and place of the
29 hearing on the petition to contest withholding. The court
30 shall hold the hearing pursuant to the provisions of
31 subsection (F).
32 (D) Initiated Withholding.
33 (1) Notwithstanding any other provision of this Section,
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1 if the court has not required that income withholding take
2 effect immediately, the obligee or public office may initiate
3 withholding, regardless of whether a delinquency has accrued,
4 by preparing and serving an income withholding notice on the
5 payor that contains the information required under paragraph
6 (3) of subsection (B) and states that the parties' written
7 agreement providing an alternative arrangement to immediate
8 withholding under paragraph (1) of subsection (B) no longer
9 ensures payment of support and the reason or reasons why it
10 does not.
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 shall be
19 limited to a dispute concerning:
20 (a) whether the parties' written agreement
21 providing an alternative arrangement to immediate
22 withholding under paragraph (1) of subsection (B)
23 continues to ensure payment of support; or
24 (b) the identity of the obligor.
25 It shall not be grounds for filing a petition that the
26 obligor has made all payments due by the date of the
27 petition.
28 (4) If the obligor files a petition contesting
29 withholding within the 20-day period required under paragraph
30 (3), the Clerk of the Circuit Court shall notify the obligor
31 and the obligee or public office, as appropriate, of the time
32 and place of the hearing on the petition. The court shall
33 hold the hearing pursuant to the provisions of subsection
34 (F). regular or facsimile regular or facsimile
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1 (E) Duties of Payor.
2 (1) It shall be the duty of any payor who has been
3 served with an income withholding notice to deduct and pay
4 over income as provided in this subsection. The payor shall
5 deduct the amount designated in the income withholding
6 notice, as supplemented by any notice provided pursuant to
7 paragraph (6) of subsection (G), beginning no later than the
8 next payment of income which is payable or creditable to the
9 obligor that occurs 14 days following the date the income
10 withholding notice was mailed, sent by facsimile or other
11 electronic means, or placed for personal delivery to or
12 service on the payor. The payor may combine all amounts
13 withheld for the benefit of an obligee or public office into
14 a single payment and transmit the payment with a listing of
15 obligors from whom withholding has been effected. The payor
16 shall pay the amount withheld to the obligee or public office
17 within 7 business days after the date the amount would (but
18 for the duty to withhold income) have been paid or credited
19 to the obligor. If the payor knowingly fails to pay any
20 amount withheld to the obligee or public office within 7
21 business days after the date the amount would have been paid
22 or credited to the obligor, the payor shall pay a penalty of
23 $100 for each day that the withheld amount is not paid to the
24 obligee or public office after the period of 7 business days
25 has expired. The failure of a payor, on more than one
26 occasion, to pay amounts withheld to the obligee or public
27 office within 7 business days after the date the amount would
28 have been paid or credited to the obligor creates a
29 presumption that the payor knowingly failed to pay over the
30 amounts. This penalty, along with any amounts required to be
31 withheld and paid, may be collected in a civil action which
32 may be brought against the payor in favor of the obligee or
33 public office. A finding of a payor's nonperformance within
34 the time required under this Section must be documented by a
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1 certified mail return receipt showing the date the income
2 order for withholding notice was served on the payor. For
3 purposes of this Section, a withheld amount shall be
4 considered paid by a payor on the date it is mailed by the
5 payor, or on the date an electronic funds transfer of the
6 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 the amount
10 would (but for the duty to withhold income) have been paid or
11 credited to the obligor. The payor shall not be required to
12 vary the normal pay and disbursement cycles in order to
13 comply with this paragraph.
14 Upon receipt of an income withholding notice requiring
15 that a minor child be named as a beneficiary of a health
16 insurance plan available through an employer or labor union
17 or trade union, the employer or labor union or trade union
18 shall immediately enroll the minor child as a beneficiary in
19 the health insurance plan designated by the income
20 withholding notice. The employer shall withhold any required
21 premiums and pay over any amounts so withheld and any
22 additional amounts the employer pays to the insurance carrier
23 in a timely manner. The employer or labor union or trade
24 union shall mail to the obligee, within 15 days of enrollment
25 or upon request, notice of the date of coverage, information
26 on the dependent coverage plan, and all forms necessary to
27 obtain reimbursement for covered health expenses, such as
28 would be made available to a new employee. When an order for
29 dependent coverage is in effect and the insurance coverage is
30 terminated or changed for any reason, the employer or labor
31 union or trade union shall notify the obligee within 10 days
32 of the termination or change date along with notice of
33 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 or the actual check
2 processing cost to be taken from the income to be paid to the
3 obligor.
4 (2) Whenever the obligor is no longer receiving income
5 from the payor, the payor shall return a copy of the income
6 withholding notice to the obligee or public office and shall
7 provide information for the purpose of enforcing this
8 Section.
9 (3) Withholding of income under this Section shall be
10 made without regard to any prior or subsequent garnishments,
11 attachments, wage assignments, or any other claims of
12 creditors. Withholding of income under this Section shall
13 not be in excess of the maximum amounts permitted under the
14 federal Consumer Credit Protection Act. If the payor has been
15 served with more than one income withholding notice
16 pertaining to the same obligor, the payor shall allocate
17 income available for withholding on a proportionate share
18 basis, giving priority to current support payments. If there
19 is any income available for withholding after withholding for
20 all current support obligations, the payor shall allocate the
21 income to past due support payments ordered in cases in which
22 cash assistance under the Illinois Public Aid Code is not
23 being provided to the obligee and then to past due support
24 payments ordered in cases in which cash assistance under the
25 Illinois Public Aid Code is being provided to the obligee,
26 both on a proportionate share basis. A payor who complies
27 with an income withholding notice that is regular on its face
28 shall not be subject to civil liability with respect to any
29 individual, any agency, or any creditor of the obligor for
30 conduct in compliance with the notice.
31 (4) No payor shall discharge, discipline, refuse to hire
32 or otherwise penalize any obligor because of the duty to
33 withhold income.
34 (F) Petitions to Contest Withholding or to Modify, Suspend,
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1 Terminate, or Correct Income Withholding Notices.
2 (1) When an obligor files a petition to contest
3 withholding, the court, after due notice to all parties,
4 shall hear the matter as soon as practicable and shall enter
5 an order granting or denying relief, ordering service of an
6 amended income withholding notice, where applicable, or
7 otherwise resolving the matter.
8 The court shall deny the obligor's petition if the court
9 finds that when the income withholding notice was mailed,
10 sent by facsimile transmission or other electronic means, or
11 placed for personal delivery to or service on the payor:
12 (a) A delinquency existed; or
13 (b) The parties' written agreement providing an
14 alternative arrangement to immediate withholding under
15 paragraph (1) of subsection (B) no longer ensured payment
16 of support.
17 (2) At any time, an obligor, obligee, public office or
18 Clerk of the Circuit Court may petition the court to:
19 (a) Modify, suspend or terminate the income
20 withholding notice because of a modification, suspension
21 or termination of the underlying order for 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 withholding notice because
26 of inability to deliver income withheld to the obligee
27 due to the obligee's failure to provide a mailing address
28 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) The obligor, obligee or public office shall serve on
6 the payor, in the manner provided for service of income
7 withholding notices in paragraph (7) of subsection (B), a
8 copy of any order entered pursuant to this subsection that
9 affects the duties of the payor.
10 (5) At any time, a public office or Clerk of the Circuit
11 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) The notice provided for under paragraph (5) of this
20 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), and a copy shall be provided
23 to the obligor and the obligee.
24 (7) The income withholding notice shall continue to be
25 binding upon the payor until service of an amended income
26 withholding notice or any order of the court or notice
27 entered or provided for under this subsection.
28 (G) Additional Duties.
29 (1) An obligee who is receiving income withholding
30 payments under this Section shall notify the payor, if the
31 obligee receives the payments directly from the payor, or the
32 public office or the Clerk of the Circuit Court, as
33 appropriate, of any change of address within 7 days of such
34 change.
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1 (2) An obligee who is a recipient of public aid shall
2 send a copy of any income withholding notice served by the
3 obligee to the Attorney General Division of Child Support
4 Enforcement of the Illinois Department of Public Aid.
5 (3) Each obligor shall notify the obligee, the public
6 office, and the Clerk of the Circuit Court of any change of
7 address within 7 days.
8 (4) An obligor whose income is being withheld or who has
9 been served with a notice of delinquency pursuant to this
10 Section shall notify the obligee, the public office, and the
11 Clerk of the Circuit Court of any new payor, within 7 days.
12 (5) When the Office of the Attorney General Illinois
13 Department of Public Aid is no longer authorized to receive
14 payments for the obligee, it shall, within 7 days, notify the
15 payor or, where appropriate, the Clerk of the Circuit Court,
16 to redirect income withholding payments to the obligee.
17 (6) The obligee or public office shall provide notice to
18 the payor and Clerk of the Circuit Court of any other support
19 payment made, including but not limited to, a set-off under
20 federal and State law or partial payment of the delinquency
21 or arrearage, or both.
22 (7) Any public office and Clerk of the Circuit Court
23 which collects, disburses or receives payments pursuant to
24 income withholding notices shall maintain complete, accurate,
25 and clear records of all payments and their disbursements.
26 Certified copies of payment records maintained by a public
27 office or Clerk of the Circuit Court shall, without further
28 proof, be admitted into evidence in any legal proceedings
29 under this Section.
30 (8) The Illinois Department of Public Aid (before the
31 effective date of this amendatory Act of 1997) or the
32 Attorney General (on and after that date) shall design
33 suggested legal forms for proceeding under this Section and
34 shall make available to the courts such forms and
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1 informational materials which describe the procedures and
2 remedies set forth herein for distribution to all parties in
3 support actions.
4 (9) At the time of transmitting each support payment,
5 the clerk of the circuit court shall provide the obligee or
6 public office, as appropriate, with any information furnished
7 by the payor as to the date the amount would (but for the
8 duty to withhold income) have been paid or credited to the
9 obligor.
10 (H) Penalties.
11 (1) Where a payor wilfully fails to withhold or pay over
12 income pursuant to a properly served income withholding
13 notice, or wilfully discharges, disciplines, refuses to hire
14 or otherwise penalizes an obligor as prohibited by subsection
15 (E), or otherwise fails to comply with any duties imposed by
16 this Section, the obligee, public office or obligor, as
17 appropriate, may file a complaint with the court against the
18 payor. The clerk of the circuit court shall notify the
19 obligee or public office, as appropriate, and the obligor and
20 payor of the time and place of the hearing on the complaint.
21 The court shall resolve any factual dispute including, but
22 not limited to, a denial that the payor is paying or has paid
23 income to the obligor. Upon a finding in favor of the
24 complaining party, the court:
25 (a) Shall enter judgment and direct the enforcement
26 thereof for the total amount that the payor wilfully
27 failed to withhold or pay over; and
28 (b) May order employment or reinstatement of or
29 restitution to the obligor, or both, where the obligor
30 has been discharged, disciplined, denied employment or
31 otherwise penalized by the payor and may impose a fine
32 upon the payor not to exceed $200.
33 (2) Any obligee, public office or obligor who wilfully
34 initiates a false proceeding under this Section or who
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1 wilfully fails to comply with the requirements of this
2 Section shall be punished as in cases of contempt of court.
3 (I) Alternative Procedures for Service of an Income
4 Withholding Notice.
5 (1) The procedures of this subsection may be used in any
6 matter to serve an income withholding notice on a payor if:
7 (a) For any reason the most recent order for
8 support entered does not contain the income withholding
9 provisions required under subsection (B), irrespective of
10 whether a separate order for withholding was entered
11 prior to July 1, 1997; and
12 (b) The obligor has accrued a delinquency after
13 entry of the most recent order for support.
14 (2) The obligee or public office shall prepare and serve
15 the income withholding notice in accordance with the
16 provisions of subsection (C), except that the notice shall
17 contain a periodic amount for payment of the delinquency
18 equal to 20% of the total of the current support amount and
19 the amount to be paid periodically for payment of any
20 arrearage stated in the most recent order for support.
21 (3) If the obligor requests in writing that income
22 withholding become effective prior to the obligor accruing a
23 delinquency under the most recent order for support, the
24 obligee or public office may prepare and serve an income
25 withholding notice on the payor as provided in subsection
26 (B). In addition to filing proofs of service of the income
27 withholding notice on the payor and the obligor, the obligee
28 or public office shall file a copy of the obligor's written
29 request for income withholding with the Clerk of the Circuit
30 Court.
31 (4) All other provisions of this Section shall be
32 applicable with respect to the provisions of this subsection
33 (I).
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1 (J) Remedies in Addition to Other Laws.
2 (1) The rights, remedies, duties and penalties created
3 by this Section are in addition to and not in substitution
4 for any other rights, remedies, duties and penalties created
5 by any other law.
6 (2) Nothing in this Section shall be construed as
7 invalidating any assignment of wages or benefits executed
8 prior to January 1, 1984 or any order for withholding served
9 prior to July 1, 1997.
10 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
11 90-425, eff. 8-15-97; revised 9-29-97.)
12 (750 ILCS 15/11) (from Ch. 40, par. 1114)
13 Sec. 11. (a) In all cases instituted before the
14 effective date of this amendatory Act of 1997 by the Illinois
15 Department of Public Aid on behalf of a child or spouse,
16 other than one receiving a grant of financial aid under
17 Article IV of The Illinois Public Aid Code, on whose behalf
18 an application has been made and approved for support
19 services as provided by Section 10-1 of that Code, the court
20 shall impose a collection fee on the individual who owes a
21 child or spouse support obligation in an amount equal to 10%
22 of the amount so owed as long as such collection is required
23 by federal law, which fee shall be in addition to the support
24 obligation. The imposition of such fee shall be in
25 accordance with provisions of Title IV, Part D, of the Social
26 Security Act and regulations duly promulgated thereunder.
27 The fee shall be payable to the clerk of the circuit court
28 for transmittal to the Illinois Department of Public Aid and
29 shall continue until support services are terminated by that
30 Department, except as otherwise provided in this subsection.
31 If a collection fee is imposed under this subsection and
32 if, on or after the effective date of this amendatory Act of
33 1997, the child or spouse receives support services under
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1 Section 7.5 of the Attorney General Act, the fee shall be
2 payable to the clerk of the circuit court for transmittal to
3 the Attorney General and shall continue until support
4 services are terminated by the Attorney General. Nothing in
5 this amendatory Act of 1997 shall be construed to affect the
6 validity of any collection fee imposed in accordance with the
7 first paragraph of this subsection.
8 (b) In all cases instituted on or after the effective
9 date of this amendatory Act of 1997 by the Attorney General
10 on behalf of a child or spouse, other than one receiving a
11 grant of financial aid under Article IV of the Illinois
12 Public Aid Code, on whose behalf an application has been made
13 and approved for support services as provided by Section 7.5
14 of the Attorney General Act, the court shall impose a
15 collection fee on the individual who owes a child or spouse
16 support obligation in an amount equal to 10% of the amount so
17 owed as long as such collection is required by federal law,
18 which fee shall be in addition to the support obligation.
19 The imposition of such fee shall be in accordance with
20 provisions of Title IV, Part D, of the Social Security Act
21 and regulations duly promulgated thereunder. The fee shall
22 be payable to the clerk of the circuit court for transmittal
23 to the Attorney General and shall continue until support
24 services are terminated by the Attorney General.
25 (Source: P.A. 82-979.)
26 (750 ILCS 15/12) (from Ch. 40, par. 1115)
27 Sec. 12. (a) Whenever it is determined in a proceeding
28 to establish or enforce a child support or maintenance
29 obligation that the person owing a duty of support is
30 unemployed, the court may order the person to seek employment
31 and report periodically to the court with a diary, listing or
32 other memorandum of his or her efforts in accordance with
33 such order. Additionally, the court may order the unemployed
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1 person to report to the Department of Employment Security for
2 job search services or to make application with the local
3 Jobs Training Partnership Act provider for participation in
4 job search, training or work programs and where the duty of
5 support is owed to a child receiving support services under
6 Article X of the Illinois Public Aid Code or under Sections
7 7.1 through 7.295 of the Attorney General Act, as amended,
8 the court may order the unemployed person to report to the
9 Illinois Department of Human Services Public Aid for
10 participation in job search, training or work programs
11 established under Section 9-6 and Article IXA of the Illinois
12 Public Aid that Code.
13 (b) Whenever it is determined that a person owes
14 past-due support for a child and the parent with whom the
15 child is living, and the child is receiving assistance under
16 the Illinois Public Aid Code, the court shall order the
17 following at the request of the Illinois Department of Public
18 Aid (before the effective date of this amendatory Act of
19 1997) or the Attorney General (on and after that date):
20 (1) that the person pay the past-due support in
21 accordance with a plan approved by the court; or
22 (2) if the person owing past-due support is
23 unemployed, is subject to such a plan, and is not
24 incapacitated, that the person participate in such job
25 search, training, or work programs established under
26 Section 9-6 and Article IXA of the Illinois Public Aid
27 Code as the court deems appropriate.
28 (Source: P.A. 90-18, eff. 7-1-97.)
29 Section 65. The Uniform Interstate Family Support Act is
30 amended by changing Sections 101, 102, 310, and 605 as
31 follows:
32 (750 ILCS 22/101)
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1 Sec. 101. Definitions. In this Act:
2 "Child" means an individual, whether over or under the
3 age of 18, who is or is alleged to be owed a duty of support
4 by the individual's parent or who is or is alleged to be the
5 beneficiary of a support order directed to the parent.
6 "Child-support order" means a support order for a child,
7 including a child who has attained the age of 18.
8 "Duty of support" means an obligation imposed or
9 imposable by law to provide support for a child, spouse, or
10 former spouse including an unsatisfied obligation to provide
11 support.
12 "Home state" means the state in which a child lived with
13 a parent or a person acting as parent for at least 6
14 consecutive months immediately preceding the time of filing
15 of a petition or comparable pleading for support, and if a
16 child is less than 6 months old, the state in which the child
17 lived from birth with any of them. A period of temporary
18 absence of any of them is counted as part of the 6-month or
19 other period.
20 "Income" includes earnings or other periodic entitlements
21 to money from any source and any other property subject to
22 withholding for support under the law of this State.
23 "Income-withholding order" means an order or other legal
24 process directed to an obligor's employer or other debtor, as
25 defined by the Attorney General Act, the Illinois Marriage
26 and Dissolution of Marriage Act, the Non-Support of Spouse
27 and Children Act, the Illinois Public Aid Code, and the
28 Illinois Parentage Act of 1984, to withhold support from the
29 income of the obligor.
30 "Initiating state" means a state from which a proceeding
31 is forwarded or in which a proceeding is filed for forwarding
32 to a responding state under this Act or a law or procedure
33 substantially similar to this Act.
34 "Initiating tribunal" means the authorized tribunal in an
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1 initiating state.
2 "Issuing state" means the state in which a tribunal
3 issues a support order or renders a judgment determining
4 parentage.
5 "Issuing tribunal" means the tribunal that issues a
6 support order or renders a judgment determining parentage.
7 "Obligee" means:
8 (i) an individual to whom a duty of support is or
9 is alleged to be owed or in whose favor a support order
10 has been issued or a judgment determining parentage has
11 been rendered;
12 (ii) a state or political subdivision to which the
13 rights under a duty of support or support order have been
14 assigned or which has independent claims based on
15 financial assistance provided to an individual obligee;
16 or
17 (iii) an individual seeking a judgment determining
18 parentage of the individual's child.
19 "Obligor" means an individual, or the estate of a
20 decedent: (i) who owes or is alleged to owe a duty of
21 support; (ii) who is alleged but has not been adjudicated to
22 be a parent of a child; or (iii) who is liable under a
23 support order.
24 "Register" means to record a support order or judgment
25 determining parentage in the appropriate Registry of Foreign
26 Support Orders.
27 "Registering tribunal" means a tribunal in which a
28 support order is registered.
29 "Responding state" means a state in which a proceeding is
30 filed or to which a proceeding is forwarded for filing from
31 an initiating state under this Act or a law or procedure
32 substantially similar to this Act.
33 "Responding tribunal" means the authorized tribunal in a
34 responding state.
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1 "Spousal-support order" means a support order for a
2 spouse or former spouse of the obligor.
3 "State" means a state of the United States, the District
4 of Columbia, Puerto Rico, the United States Virgin Islands,
5 or any territory or insular possession subject to the
6 jurisdiction of the United States. The term includes:
7 (i) an Indian tribe; and
8 (ii) a foreign jurisdiction that has enacted a law
9 or established procedures for issuance and enforcement of
10 support orders which are substantially similar to the
11 procedures under this Act, the Uniform Reciprocal
12 Enforcement of Support Act, or the Revised Uniform
13 Reciprocal Enforcement of Support Act.
14 "Support enforcement agency" means a public official or
15 agency authorized to seek:
16 (1) enforcement of support orders or laws relating to
17 the duty of support;
18 (2) establishment or modification of child support;
19 (3) determination of parentage; or
20 (4) to locate obligors or their assets.
21 "Support order" means a judgment, decree, or order,
22 whether temporary, final, or subject to modification, for the
23 benefit of a child, a spouse, or a former spouse, which
24 provides for monetary support, health care, arrearages, or
25 reimbursement, and may include related costs and fees,
26 interest, income withholding, attorney's fees, and other
27 relief.
28 "Tribunal" means a court, administrative agency, or
29 quasi-judicial entity authorized to establish, enforce, or
30 modify support orders or to determine parentage.
31 (Source: P.A. 90-240, eff. 7-28-97.)
32 (750 ILCS 22/102)
33 Sec. 102. Tribunal of State. The circuit court is a
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1 tribunal of this State. The Illinois Department of Public Aid
2 is an initiating tribunal. The Illinois Department of Public
3 Aid is also a responding tribunal of this State to the extent
4 that it can administratively establish paternity and
5 establish, modify, and enforce an administrative
6 child-support order under authority of Article X of the
7 Illinois Public Aid Code. The Attorney General is an
8 initiating tribunal. The Attorney General is also a
9 responding tribunal of this State to the extent that it can
10 administratively establish paternity and establish, modify,
11 and enforce an administrative child support order under the
12 authority of the Attorney General Act.
13 (Source: P.A. 90-240, eff. 7-28-97.)
14 (750 ILCS 22/310)
15 Sec. 310. Duties of the state information agency
16 Illinois Department of Public Aid.
17 (a) Before the effective date of this amendatory Act of
18 1997, the Illinois Department of Public Aid is the state
19 information agency under this Act. On and after the
20 effective date of this amendatory Act of 1997, the Attorney
21 General is the state information agency under this Act.
22 (b) The state information agency shall:
23 (1) compile and maintain a current list, including
24 addresses, of the tribunals in this State which have
25 jurisdiction under this Act and any support enforcement
26 agencies in this State and transmit a copy to the state
27 information agency of every other state;
28 (2) maintain a register of tribunals and support
29 enforcement agencies received from other states;
30 (3) forward to the appropriate tribunal in the
31 place in this State in which the individual obligee or
32 the obligor resides, or in which the obligor's property
33 is believed to be located, all documents concerning a
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1 proceeding under this Act received from an initiating
2 tribunal or the state information agency of the
3 initiating state; and
4 (4) obtain information concerning the location of
5 the obligor and the obligor's property within this State
6 not exempt from execution, by such means as postal
7 verification and federal or state locator services,
8 examination of telephone directories, requests for the
9 obligor's address from employers, and examination of
10 governmental records, including, to the extent not
11 prohibited by other law, those relating to real property,
12 vital statistics, law enforcement, taxation, motor
13 vehicles, driver's licenses, and social security.
14 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
15 by P.A. 88-691.)
16 (750 ILCS 22/605)
17 Sec. 605. Notice of registration of order.
18 (a) When a support order or income-withholding order
19 issued in another state is registered, the registering
20 tribunal shall notify the nonregistering party. The notice
21 must be accompanied by a copy of the registered order and the
22 documents and relevant information accompanying the order.
23 (b) The notice must inform the nonregistering party:
24 (1) that a registered order is enforceable as of
25 the date of registration in the same manner as an order
26 issued by a tribunal of this State;
27 (2) that a hearing to contest the validity or
28 enforcement of the registered order must be requested
29 within 20 days after the date of mailing or personal
30 service of the notice;
31 (3) that failure to contest the validity or
32 enforcement of the registered order in a timely manner
33 will result in confirmation of the order and enforcement
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1 of the order and the alleged arrearages and precludes
2 further contest of that order with respect to any matter
3 that could have been asserted; and
4 (4) of the amount of any alleged arrearages.
5 (c) Upon registration of an income-withholding order for
6 enforcement, the registering tribunal shall notify the
7 obligor's employer pursuant to Section 10-16.2 of the
8 Illinois Public Aid Code (before the effective date of this
9 amendatory Act of 1997), Section 7.165 of the Attorney
10 General Act (on and after the effective date of this
11 amendatory Act of 1997), Section 706.1 of the Illinois
12 Marriage and Dissolution of Marriage Act, Section 4.1 of the
13 Non-Support of Spouse and Children Act, and Section 20 of the
14 Illinois Parentage Act of 1989.
15 (Source: P.A. 90-240, eff. 7-28-97)
16 Section 70. The Expedited Child Support Act of 1990 is
17 amended by changing Section 5 as follows:
18 (750 ILCS 25/5) (from Ch. 40, par. 2705)
19 Sec. 5. Actions subject to Expedited Child Support
20 Hearings.
21 (a) The Chief Judge of each Judicial Circuit that
22 establishes a System shall delegate to the Administrative
23 Hearing Officer the authority to hear the following actions:
24 (1) Petitions for child support and for medical
25 support, pursuant to Section 505.2 of the Illinois
26 Marriage and Dissolution of Marriage Act, for
27 post-judgment dissolution of marriage and post-judgment
28 parentage actions where child support or medical support
29 was reserved or could not be ordered at the time of entry
30 of the judgment because the court lacked personal
31 jurisdiction over the obligor.
32 (2) Petitions for modification of child support and
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1 medical support in post-judgment dissolution of marriage
2 and post-judgment parentage actions.
3 (3) Parentage actions, including the establishment
4 of child support orders after parentage has been
5 acknowledged.
6 (4) Actions for the enforcement of any existing
7 order for child support or medical support in
8 post-judgment dissolution of marriage and post-judgment
9 parentage actions.
10 (5) Actions for the establishment of child support
11 and medical support orders involving parties who are
12 married and living separately, pursuant to Section 402 of
13 the Marriage and Dissolution of Marriage Act.
14 (6) Temporary orders for support in any action in
15 which the custodial parent is a participant in the IV-D
16 program.
17 (7) Any other child support matter provided for in
18 the Plan for the creation of the System approved by the
19 Illinois Supreme Court.
20 (8) Actions brought pursuant to Article X of the
21 Illinois Public Aid Code.
22 (9) Actions brought pursuant to Sections 7.1
23 through 7.295 of the Attorney General Act.
24 (b) Notwithstanding the provisions of subsection (a) of
25 this Section, if the custodial parent is not a participant in
26 the IV-D program and maintenance is in issue, the case shall
27 be presented directly to the court.
28 (c) Except as provided in subsection (b), the Plan may
29 provide that the System be available in pre-judgment
30 proceedings for dissolution of marriage, declaration of
31 invalidity of marriage and legal separation.
32 (Source: P.A. 86-1401.)
33 Section 75. The Illinois Parentage Act of 1984 is
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1 amended by changing Sections 4.1, 5, 6, 8, 11, 13, 13.1, 14,
2 15.1, 20, 21, 22, and 23 as follows:
3 (750 ILCS 45/4.1)
4 Sec. 4.1. Administrative paternity determinations.
5 Notwithstanding any other provision of this Act, before the
6 effective date of this amendatory Act of 1997, the Illinois
7 Department of Public Aid may make administrative
8 determinations of paternity and nonpaternity in accordance
9 with Section 10-17.7 of the Illinois Public Aid Code. On and
10 after that date, the Attorney General may make those
11 determinations in accordance with Section 7.210 of the
12 Attorney General Act. These determinations of paternity or
13 nonpaternity shall have the full force and effect of
14 judgments entered under this Act.
15 (Source: P.A. 88-687, eff. 1-24-95.)
16 (750 ILCS 45/5) (from Ch. 40, par. 2505)
17 Sec. 5. Presumption of Paternity.
18 (a) A man is presumed to be the natural father of a
19 child if:
20 (1) he and the child's natural mother are or have
21 been married to each other, even though the marriage is
22 or could be declared invalid, and the child is born or
23 conceived during such marriage;
24 (2) after the child's birth, he and the child's
25 natural mother have married each other, even though the
26 marriage is or could be declared invalid, and he is
27 named, with his written consent, as the child's father on
28 the child's birth certificate;
29 (3) he and the child's natural mother have signed
30 an acknowledgment of paternity before the effective date
31 of this amendatory Act of 1997 in accordance with rules
32 adopted by the Illinois Department of Public Aid under
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1 Section 10-17.7 of the Illinois Public Aid Code or have
2 signed such an acknowledgment on or after that date in
3 accordance with rules adopted by the Attorney General
4 under Section 7.210 of the Attorney General Act; or
5 (4) he and the child's natural mother have signed
6 an acknowledgment of parentage or, if the natural father
7 is someone other than one presumed to be the father under
8 this Section, an acknowledgment of parentage and denial
9 of paternity in accordance with Section 12 of the Vital
10 Records Act.
11 (b) A presumption under subdivision (a)(1) or (a)(2) of
12 this Section may be rebutted only by clear and convincing
13 evidence. A presumption under subdivision (a)(3) or (a)(4)
14 is conclusive, unless the acknowledgment of parentage is
15 rescinded under the process provided in Section 12 of the
16 Vital Records Act, upon the earlier of:
17 (1) 60 days after the date the acknowledgment of
18 parentage is signed, or
19 (2) the date of an administrative or judicial
20 proceeding relating to the child (including a proceeding
21 to establish a support order) in which the signatory is a
22 party;
23 except that if a minor has signed the acknowledgment of
24 paternity or acknowledgment of parentage and denial of
25 paternity, the presumption becomes conclusive 6 months after
26 the minor reaches majority or is otherwise emancipated.
27 (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
28 (750 ILCS 45/6) (from Ch. 40, par. 2506)
29 Sec. 6. Establishment of Parent and Child Relationship
30 by Consent of the Parties.
31 (a) A parent and child relationship may be established
32 voluntarily by the signing and witnessing of a voluntary
33 acknowledgment of parentage in accordance with Section 12 of
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1 the Vital Records Act or Section 10-17.7 of the Illinois
2 Public Aid Code or Section 7.210 of the Attorney General Act.
3 The voluntary acknowledgment of parentage shall contain the
4 social security numbers of the persons signing the voluntary
5 acknowledgment of parentage; however, failure to include the
6 social security numbers of the persons signing a voluntary
7 acknowledgment of parentage does not invalidate the voluntary
8 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 or
13 under Sections 7.1 through 7.295 of the Attorney General Act.
14 (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
15 (750 ILCS 45/8) (from Ch. 40, par. 2508)
16 Sec. 8. Statute of limitations.
17 (a) (1) An action brought by or on behalf of a child, an
18 action brought by a party alleging that he or she is the
19 child's natural parent, or an action brought by the
20 Illinois Department of Public Aid, if it is providing or
21 has provided financial support to the child or if it is
22 assisting with child support collection services, shall
23 be barred if brought later than 2 years after the child
24 reaches the age of majority; however, if the action on
25 behalf of the child is brought by a public agency, other
26 than the Illinois Department of Public Aid if it is
27 providing or has provided financial support to the child
28 or if it is assisting with child support collection
29 services, it shall be barred 2 years after the agency has
30 ceased to provide assistance to the child. This Section
31 also applies to any child for whom paternity has not yet
32 been established and any child for whom a paternity
33 action was previously dismissed under a statute of
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1 limitations.
2 (2) Failure to bring an action within 2 years shall
3 not bar any party from asserting a defense in any action
4 to declare the non-existence of the parent and child
5 relationship.
6 (3) An action to declare the non-existence of the
7 parent and child relationship shall be barred if brought
8 later than 2 years after the petitioner obtains knowledge
9 of relevant facts. The 2-year period for bringing an
10 action to declare the nonexistence of the parent and
11 child relationship shall not extend beyond the date on
12 which the child reaches the age of 18 years. Failure to
13 bring an action within 2 years shall not bar any party
14 from asserting a defense in any action to declare the
15 existence of the parent and child relationship.
16 (b) The time during which any party is not subject to
17 service of process or is otherwise not subject to the
18 jurisdiction of the courts of this State shall toll the
19 aforementioned periods.
20 (c) This Act does not affect the time within which any
21 rights under the Probate Act of 1975 may be asserted beyond
22 the time provided by law relating to distribution and closing
23 of decedent's estates or to the determination of heirship, or
24 otherwise.
25 (Source: P.A. 89-674, eff. 8-14-96; 90-18, eff. 7-1-97.)
26 (750 ILCS 45/11) (from Ch. 40, par. 2511)
27 Sec. 11. Tests to determine inherited characteristics.
28 (a) As soon as practicable, the court or Administrative
29 Hearing Officer in an Expedited Child Support System may, and
30 upon request of a party shall, order or direct the mother,
31 child and alleged father to submit to deoxyribonucleic acid
32 (DNA) tests to determine inherited characteristics. If any
33 party refuses to submit to the tests, the court may resolve
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1 the question of paternity against that party or enforce its
2 order if the rights of others and the interests of justice so
3 require.
4 (b) The tests shall be conducted by an expert qualified
5 as an examiner of blood or tissue types and appointed by the
6 court. The expert shall determine the testing procedures.
7 However, any interested party, for good cause shown, in
8 advance of the scheduled tests, may request a hearing to
9 object to the qualifications of the expert or the testing
10 procedures. The expert appointed by the court shall testify
11 at the pre-test hearing at the expense of the party
12 requesting the hearing, except as provided in subsection (h)
13 of this Section for an indigent party. An expert not
14 appointed by the court shall testify at the pre-test hearing
15 at the expense of the party retaining the expert. Inquiry
16 into an expert's qualifications at the pre-test hearing shall
17 not affect either parties' right to have the expert qualified
18 at trial.
19 For tests conducted at the request of the Attorney
20 General, the Attorney General shall identify and use
21 laboratories that perform, at a reasonable cost, legally and
22 medically acceptable genetic tests that tend to identify the
23 father or exclude the alleged father. The Attorney General
24 shall employ competitive procedures for identifying and using
25 the laboratories. The Attorney General shall make the list of
26 those laboratories available to court and law enforcement
27 officials and, upon request, to the public.
28 (c) The expert shall prepare a written report of the
29 test results. If the test results show that the alleged
30 father is not excluded, the report shall contain a combined
31 paternity index relating to the probability of paternity.
32 The expert may be called by the court as a witness to testify
33 to his or her findings and, if called, shall be subject to
34 cross-examination by the parties. If the test results show
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1 that the alleged father is not excluded, any party may
2 demand that other experts, qualified as examiners of blood or
3 tissue types, perform independent tests under order of court,
4 including, but not limited to, blood types or other tests of
5 genetic markers such as those found by Human Leucocyte
6 Antigen (HLA) tests. The results of the tests may be offered
7 into evidence. The number and qualifications of the experts
8 shall be determined by the court.
9 (d) Documentation of the chain of custody of the blood
10 or tissue samples, accompanied by an affidavit or
11 certification in accordance with Section 1-109 of the Code of
12 Civil Procedure, is competent evidence to establish the chain
13 of custody.
14 (e) The report of the test results prepared by the
15 appointed expert shall be made by affidavit or by
16 certification as provided in Section 1-109 of the Code of
17 Civil Procedure and shall be mailed to all parties. A proof
18 of service shall be filed with the court. The verified
19 report shall be admitted into evidence at trial without
20 foundation testimony or other proof of authenticity or
21 accuracy, unless a written motion challenging the
22 admissibility of the report is filed by either party within
23 28 days of receipt of the report, in which case expert
24 testimony shall be required. A party may not file such a
25 motion challenging the admissibility of the report later than
26 28 days before commencement of trial. Before trial, the court
27 shall determine whether the motion is sufficient to deny
28 admission of the report by verification. Failure to make
29 that timely motion constitutes a waiver of the right to
30 object to admission by verification and shall not be grounds
31 for a continuance of the hearing to determine paternity.
32 (f) Tests taken pursuant to this Section shall have the
33 following effect:
34 (1) If the court finds that the conclusion of the
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1 expert or experts, as disclosed by the evidence based
2 upon the tests, is that the alleged father is not the
3 parent of the child, the question of paternity shall be
4 resolved accordingly.
5 (2) If the experts disagree in their findings or
6 conclusions, the question shall be weighed with other
7 competent evidence of paternity.
8 (3) If the tests show that the alleged father is
9 not excluded and that the combined paternity index is
10 less than 500 to 1, this evidence shall be admitted by
11 the court and shall be weighed with other competent
12 evidence of paternity.
13 (4) If the tests show that the alleged father is
14 not excluded and that the combined paternity index is at
15 least 500 to 1, the alleged father is presumed to be the
16 father, and this evidence shall be admitted. This
17 presumption may be rebutted by clear and convincing
18 evidence.
19 (g) Any presumption of parentage as set forth in Section
20 5 of this Act is rebutted if the court finds that the
21 conclusion of the expert or experts excludes paternity of the
22 presumed father.
23 (h) The expense of the tests shall be paid by the party
24 who requests the tests. Where the tests are requested by the
25 party seeking to establish paternity and that party is found
26 to be indigent by the court, the expense shall be paid by the
27 public agency providing representation; except that where a
28 public agency is not providing representation, the expense
29 shall be paid by the county in which the action is brought.
30 Where the tests are ordered by the court on its own motion or
31 are requested by the alleged or presumed father and that
32 father is found to be indigent by the court, the expense
33 shall be paid by the county in which the action is brought.
34 Any part of the expense may be taxed as costs in the action,
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1 except that no costs may be taxed against a public agency
2 that has not requested the tests.
3 (i) The compensation of each expert witness appointed by
4 the court shall be paid as provided in subsection (h) of this
5 Section. Any part of the payment may be taxed as costs in
6 the action, except that no costs may be taxed against a
7 public agency that has not requested the services of the
8 expert witness.
9 (j) Nothing in this Section shall prevent any party from
10 obtaining tests of his or her own blood or tissue independent
11 of those ordered by the court or from presenting expert
12 testimony interpreting those tests or any other blood tests
13 ordered pursuant to this Section. Reports of all the
14 independent tests, accompanied by affidavit or certification
15 pursuant to Section 1-109 of the Code of Civil Procedure, and
16 notice of any expert witnesses to be called to testify to the
17 results of those tests shall be submitted to all parties at
18 least 30 days before any hearing set to determine the issue
19 of parentage.
20 (Source: P.A. 87-428; 87-435; 88-353; 88-687, eff. 1-24-95.)
21 (750 ILCS 45/13) (from Ch. 40, par. 2513)
22 Sec. 13. Civil Action.
23 (a) An action under this Act is a civil action governed
24 by the provisions of the "Code of Civil Procedure", approved
25 August 19, 1981, as amended, and the Supreme Court rules
26 applicable thereto, except where otherwise specified in this
27 Act.
28 (b) Trial by jury is not available under this Act.
29 (c) Certified copies of the bills for costs incurred for
30 pregnancy, and childbirth, and genetic testing shall be
31 admitted into evidence at judicial or administrative
32 proceedings without requiring third-party foundation
33 testimony and shall constitute prima facie evidence of
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1 amounts incurred for those services or for testing on behalf
2 of the child or other proof of authenticity or accuracy.
3 (Source: P.A. 90-18, eff. 7-1-97.)
4 (750 ILCS 45/13.1)
5 Sec. 13.1. Temporary order for child support.
6 Notwithstanding any other law to the contrary, pending the
7 outcome of a judicial determination of parentage, the court
8 shall issue a temporary order for child support, upon motion
9 by a party and a showing of clear and convincing evidence of
10 paternity based on genetic test results or other evidence.
11 In determining the amount of the temporary child support
12 award, the court shall use the guidelines and standards set
13 forth in subsection (a) of Section 505 and in Section 505.2
14 of the Illinois Marriage and Dissolution of Marriage Act.
15 Any new or existing support order entered by the court
16 under this Section shall be deemed to be a series of
17 judgments against the person obligated to pay support
18 thereunder, each such judgment to be in the amount of each
19 payment or installment of support and each judgment to be
20 deemed entered as of the date the corresponding payment or
21 installment becomes due under the terms of the support order.
22 Each such judgment shall have the full force, effect, and
23 attributes of any other judgment of this State, including the
24 ability to be enforced. Any such judgment is subject to
25 modification or termination only in accordance with Section
26 510 of the Illinois Marriage and Dissolution of Marriage Act.
27 A lien arises by operation of law against the real and
28 personal property of the noncustodial parent for each
29 installment of overdue support owed by the noncustodial
30 parent.
31 All orders for support, when entered or modified, shall
32 include a provision requiring the non-custodial parent to
33 notify the court, and in cases in which a party is receiving
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1 child and spouse support services under Article X of the
2 Illinois Public Aid Code or under Sections 7.1 through 7.295
3 of the Attorney General Act, the Illinois Department of
4 Public Aid (before the effective date of this amendatory Act
5 of 1997) or the Attorney General (on and after that date),
6 within 7 days, (i) of the name, address, and telephone number
7 of any new employer of the non-custodial parent, (ii) whether
8 the non-custodial parent has access to health insurance
9 coverage through the employer or other group coverage, and,
10 if so, the policy name and number and the names of persons
11 covered under the policy, and (iii) of any new residential or
12 mailing address or telephone number of the non-custodial
13 parent.
14 In any subsequent action to enforce a support order, upon
15 sufficient showing that diligent effort has been made to
16 ascertain the location of the non-custodial parent, service
17 of process or provision of notice necessary in that action
18 may be made at the last known address of the non-custodial
19 parent, in any manner expressly provided by the Code of Civil
20 Procedure or in this Act, which service shall be sufficient
21 for purposes of due process.
22 An order for support shall include a date on which the
23 current support obligation terminates. The termination date
24 shall be no earlier than the date on which the child covered
25 by the order will attain the age of majority or is otherwise
26 emancipated. The order for support shall state that the
27 termination date does not apply to any arrearage that may
28 remain unpaid on that date. Nothing in this paragraph shall
29 be construed to prevent the court from modifying the order.
30 (Source: P.A. 90-18, eff. 7-1-97.)
31 (750 ILCS 45/14) (from Ch. 40, par. 2514)
32 Sec. 14. Judgment.
33 (a) (1) The judgment shall contain or explicitly reserve
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1 provisions concerning any duty and amount of child support
2 and may contain provisions concerning the custody and
3 guardianship of the child, visitation privileges with the
4 child, the furnishing of bond or other security for the
5 payment of the judgment, which the court shall determine in
6 accordance with the relevant factors set forth in the
7 Illinois Marriage and Dissolution of Marriage Act and any
8 other applicable law of Illinois, to guide the court in a
9 finding in the best interests of the child. In determining
10 custody, joint custody, or visitation, the court shall apply
11 the relevant standards of the Illinois Marriage and
12 Dissolution of Marriage Act. Specifically, in determining the
13 amount of any child support award, the court shall use the
14 guidelines and standards set forth in subsection (a) of
15 Section 505 and in Section 505.2 of the Illinois Marriage and
16 Dissolution of Marriage Act. For purposes of Section 505 of
17 the Illinois Marriage and Dissolution of Marriage Act, "net
18 income" of the non-custodial parent shall include any
19 benefits available to that person under the Illinois Public
20 Aid Code or from other federal, State or local
21 government-funded programs. The court shall, in any event
22 and regardless of the amount of the non-custodial parent's
23 net income, in its judgment order the non-custodial parent to
24 pay child support to the custodial parent in a minimum amount
25 of not less than $10 per month. In an action brought within 2
26 years after a child's birth, the judgment or order may direct
27 either parent to pay the reasonable expenses incurred by
28 either parent related to the mother's pregnancy and the
29 delivery of the child. The judgment or order shall contain
30 the father's social security number, which the father shall
31 disclose to the court; however, failure to include the
32 father's social security number on the judgment or order does
33 not invalidate the judgment or order.
34 (2) If a judgment of parentage contains no explicit
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1 award of custody, the establishment of a support obligation
2 or of visitation rights in one parent shall be considered a
3 judgment granting custody to the other parent. If the
4 parentage judgment contains no such provisions, custody shall
5 be presumed to be with the mother; however, the presumption
6 shall not apply if the father has had physical custody for at
7 least 6 months prior to the date that the mother seeks to
8 enforce custodial rights.
9 (b) The court shall order all child support payments,
10 determined in accordance with such guidelines, to commence
11 with the date summons is served. The level of current
12 periodic support payments shall not be reduced because of
13 payments set for the period prior to the date of entry of the
14 support order. The Court may order any child support
15 payments to be made for a period prior to the commencement of
16 the action. In determining whether and the extent to which
17 the payments shall be made for any prior period, the court
18 shall consider all relevant facts, including the factors for
19 determining the amount of support specified in the Illinois
20 Marriage and Dissolution of Marriage Act and other equitable
21 factors including but not limited to:
22 (1) The father's prior knowledge of the fact and
23 circumstances of the child's birth.
24 (2) The father's prior willingness or refusal to
25 help raise or support the child.
26 (3) The extent to which the mother or the public
27 agency bringing the action previously informed the father
28 of the child's needs or attempted to seek or require his
29 help in raising or supporting the child.
30 (4) The reasons the mother or the public agency did
31 not file the action earlier.
32 (5) The extent to which the father would be
33 prejudiced by the delay in bringing the action.
34 For purposes of determining the amount of child support
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1 to be paid for any period before the date the order for
2 current child support is entered, there is a rebuttable
3 presumption that the father's net income for the prior period
4 was the same as his net income at the time the order for
5 current child support is entered.
6 (c) Any new or existing support order entered by the
7 court under this Section shall be deemed to be a series of
8 judgments against the person obligated to pay support
9 thereunder, each judgment to be in the amount of each payment
10 or installment of support and each such judgment to be deemed
11 entered as of the date the corresponding payment or
12 installment becomes due under the terms of the support order.
13 Each judgment shall have the full force, effect and
14 attributes of any other judgment of this State, including the
15 ability to be enforced. A lien arises by operation of law
16 against the real and personal property of the noncustodial
17 parent for each installment of overdue support owed by the
18 noncustodial parent.
19 (d) If the judgment or order of the court is at variance
20 with the child's birth certificate, the court shall order
21 that a new birth certificate be issued under the Vital
22 Records Act.
23 (e) On request of the mother and the father, the court
24 shall order a change in the child's name. After hearing
25 evidence the court may stay payment of support during the
26 period of the father's minority or period of disability.
27 (f) If, upon a showing of proper service, the father
28 fails to appear in court, or otherwise appear as provided by
29 law, the court may proceed to hear the cause upon testimony
30 of the mother or other parties taken in open court and shall
31 enter a judgment by default. The court may reserve any order
32 as to the amount of child support until the father has
33 received notice, by regular mail, of a hearing on the matter.
34 (g) A one-time charge of 20% is imposable upon the
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1 amount of past-due child support owed on July 1, 1988 which
2 has accrued under a support order entered by the court. The
3 charge shall be imposed in accordance with the provisions of
4 Section 10-21 of the Illinois Public Aid Code and shall be
5 enforced by the court upon petition. On and after the
6 effective date of this amendatory Act of 1997, the Attorney
7 General may collect, on behalf of the Illinois Department of
8 Public Aid, any charge imposed in accordance with this
9 subsection. Nothing in this amendatory Act of 1997 shall be
10 construed to affect the validity of any charge imposed in
11 accordance with this subsection.
12 (h) All orders for support, when entered or modified,
13 shall include a provision requiring the non-custodial parent
14 to notify the court and, in cases in which party is receiving
15 child and spouse support services under Article X of the
16 Illinois Public Aid Code or under Sections 7.1 through 7.295
17 of the Attorney General Act, the Illinois Department of
18 Public Aid (before the effective date of this amendatory Act
19 of 1997) or the Attorney General (on and after that date),
20 within 7 days, (i) of the name and address of any new
21 employer of the non-custodial parent, (ii) whether the
22 non-custodial parent has access to health insurance coverage
23 through the employer or other group coverage and, if so, the
24 policy name and number and the names of persons covered under
25 the policy, and (iii) of any new residential or mailing
26 address or telephone number of the non-custodial parent. In
27 any subsequent action to enforce a support order, upon a
28 sufficient showing that a 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 the case may
31 be made at the last known address of the non-custodial parent
32 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 (i) An order for support shall include a date on which
2 the current support obligation terminates. The termination
3 date shall be no earlier than the date on which the child
4 covered by the order will attain the age of majority or is
5 otherwise emancipated. The order for support shall state that
6 the termination date does not apply to any arrearage that may
7 remain unpaid on that date. Nothing in this subsection shall
8 be construed to prevent the court from modifying the order.
9 (Source: P.A. 90-18, eff. 7-1-97.)
10 (750 ILCS 45/15.1) (from Ch. 40, par. 2515.1)
11 Sec. 15.1. (a) Whenever it is determined in a proceeding
12 to establish or enforce a child support obligation that the
13 person owing a duty of support is unemployed, the court may
14 order the person to seek employment and report periodically
15 to the court with a diary, listing or other memorandum of his
16 or her efforts in accordance with such order. Additionally,
17 the court may order the unemployed person to report to the
18 Department of Employment Security for job search services or
19 to make application with the local Jobs Training Partnership
20 Act provider for participation in job search, training or
21 work programs and where the duty of support is owed to a
22 child receiving support services under Article X of the
23 Illinois Public Aid Code or under Sections 7.1 through 7.295
24 of the Attorney General Act, as amended, the court may order
25 the unemployed person to report to the Illinois Department of
26 Human Services Public Aid for participation in job search,
27 training or work programs established under Section 9-6 and
28 Article IXA of the Illinois Public Aid that Code.
29 (b) Whenever it is determined that a person owes
30 past-due support for a child, and the child is receiving
31 assistance under the Illinois Public Aid Code, the court
32 shall order the following at the request of the Illinois
33 Department of Public Aid (before the effective date of this
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1 amendatory Act of 1997) or the Attorney General (on and after
2 that date):
3 (1) that the person pay the past-due support in
4 accordance with a plan approved by the court; or
5 (2) if the person owing past-due support is
6 unemployed, is subject to such a plan, and is not
7 incapacitated, that the person participate in such job
8 search, training, or work programs established under
9 Section 9-6 and Article IXA of the Illinois Public Aid
10 Code as the court deems appropriate.
11 (Source: P.A. 90-18, eff. 7-1-97.)
12 (750 ILCS 45/20) (from Ch. 40, par. 2520)
13 Sec. 20. Withholding of Income to Secure Payment of
14 Support.
15 (A) Definitions.
16 (1) "Order for support" means any order of the court
17 which provides for periodic payment of funds for the support
18 of a child, whether temporary or final, and includes any such
19 order which provides for:
20 (a) modification or resumption of, or payment of
21 arrearage accrued under, a previously existing order;
22 (b) reimbursement of support;
23 (c) payment or reimbursement of the expense of
24 pregnancy and delivery; or
25 (d) enrollment in a health insurance plan that is
26 available to the obligor through an employer or labor
27 union or trade union.
28 (2) "Arrearage" means the total amount of unpaid support
29 obligations as determined by the court and incorporated into
30 an order for support.
31 (2.5) "Business day" means a day on which State offices
32 are open for regular business.
33 (3) "Delinquency" means any payment under an order for
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1 support which becomes due and remains unpaid after entry of
2 the order for support.
3 (4) "Income" means any form of periodic payment to an
4 individual, regardless of source, including, but not limited
5 to: wages, salary, commission, compensation as an independent
6 contractor, workers' compensation, disability, annuity,
7 pension, and retirement benefits, lottery prize awards,
8 insurance proceeds, vacation pay, bonuses, profit-sharing
9 payments, interest, and any other payments, made by any
10 person, private entity, federal or state government, any unit
11 of local government, school district or any entity created by
12 Public Act; however, "income" excludes:
13 (a) any amounts required by law to be withheld,
14 other than creditor claims, including, but not limited
15 to, federal, State and local taxes, Social Security and
16 other retirement and disability contributions;
17 (b) union dues;
18 (c) any amounts exempted by the federal Consumer
19 Credit Protection Act;
20 (d) public assistance payments; and
21 (e) unemployment insurance benefits except as
22 provided by law.
23 Any other State or local laws which limit or exempt
24 income or the amount or percentage of income that can be
25 withheld shall not apply.
26 (5) "Obligor" means the individual who owes a duty to
27 make payments under an order for support.
28 (6) "Obligee" means the individual to whom a duty of
29 support is owed or the individual's legal representative.
30 (7) "Payor" means any payor of income to an obligor.
31 (8) "Public office" means any elected official or any
32 State or local agency which is or may become responsible by
33 law for enforcement of, or which is or may become authorized
34 to enforce, an order for support, including, but not limited
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1 to: the Attorney General, the Illinois Department of Public
2 Aid, the Illinois Department of Human Services, the Illinois
3 Department of Children and Family Services, and the various
4 State's Attorneys, Clerks of the Circuit Court and
5 supervisors of general assistance.
6 (9) "Premium" means the dollar amount for which the
7 obligor is liable to his employer or labor union or trade
8 union and which must be paid to enroll or maintain a child in
9 a health insurance plan that is available to the obligor
10 through an employer or labor union or trade union.
11 (B) Entry of Order for Support Containing Income Withholding
12 Provisions; Income Withholding Notice.
13 (1) In addition to any content required under other
14 laws, every order for support entered on or after July 1,
15 1997, shall:
16 (a) Require an income withholding notice to be
17 prepared and served immediately upon any payor of the
18 obligor by the obligee or public office, unless a written
19 agreement is reached between and signed by both parties
20 providing for an alternative arrangement, approved and
21 entered into the record by the court, which ensures
22 payment of support. In that case, the order for support
23 shall provide that an income withholding notice is to be
24 prepared and served only if the obligor becomes
25 delinquent in paying the order for support; and
26 (b) Contain a dollar amount to be paid until
27 payment in full of any delinquency that accrues after
28 entry of the order for support. The amount for payment
29 of delinquency shall not be less than 20% of the total of
30 the current support amount and the amount to be paid
31 periodically for payment of any arrearage stated in the
32 order for support; and
33 (c) Include the obligor's Social Security Number,
34 which the obligor shall disclose to the court. If the
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1 obligor is not a United States citizen, the obligor shall
2 disclose to the court, and the court shall include in the
3 order for support, the obligor's alien registration
4 number, passport number, and home country's social
5 security or national health number, if applicable.
6 (2) At the time the order for support is entered, the
7 Clerk of the Circuit Court shall provide a copy of the order
8 to the obligor and shall make copies available to the obligee
9 and public office.
10 (3) The income withholding notice shall:
11 (a) Be in the standard format prescribed by the
12 federal Department of Health and Human Services; and
13 (b) Direct any payor to withhold the dollar amount
14 required for current support under the order for support;
15 and
16 (c) Direct any payor to withhold the dollar amount
17 required to be paid periodically under the order for
18 support for payment of the amount of any arrearage stated
19 in the order for support; and
20 (d) 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 (e) State the amount of the payor income
25 withholding fee specified under this Section; and
26 (f) State that the amount actually withheld from
27 the obligor's income for support and other purposes,
28 including the payor withholding fee specified under this
29 Section, may not be in excess of the maximum amount
30 permitted under the federal Consumer Credit Protection
31 Act; and
32 (g) State the duties of the payor and the fines and
33 penalties for failure to withhold and pay over income and
34 for discharging, disciplining, refusing to hire, or
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1 otherwise penalizing the obligor because of the duty to
2 withhold and pay over income under this Section; and
3 (h) State the rights, remedies, and duties of the
4 obligor under this Section; and
5 (i) Include the obligor's Social Security Number;
6 and
7 (j) Include the date that withholding for current
8 support terminates, which shall be the date of
9 termination of the current support obligation set forth
10 in the order for support.
11 (4) The accrual of a delinquency as a condition for
12 service of an income withholding notice, under the exception
13 to immediate withholding in paragraph (1) of this subsection,
14 shall apply only to the initial service of an income
15 withholding notice on a payor of the obligor.
16 (5) Notwithstanding the exception to immediate
17 withholding contained in paragraph (1) of this subsection, if
18 the court finds at the time of any hearing that an arrearage
19 has accrued, the court shall order immediate service of an
20 income withholding notice upon the payor.
21 (6) If the order for support, under the exception to
22 immediate withholding contained in paragraph (1) of this
23 subsection, provides that an income withholding notice is to
24 be prepared and served only if the obligor becomes delinquent
25 in paying the order for support, the obligor may execute a
26 written waiver of that condition and request immediate
27 service on the payor.
28 (7) The obligee or public office may serve the income
29 withholding notice on the payor or its superintendent,
30 manager, or other agent by ordinary mail or certified mail
31 return receipt requested, by facsimile transmission or other
32 electronic means, by personal delivery, or by any method
33 provided by law for service of a summons. At the time of
34 service on the payor and as notice that withholding has
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1 commenced, the obligee or public office shall serve a copy of
2 the income withholding notice on the obligor by ordinary mail
3 addressed to his or her last known address. Proofs of
4 service on the payor and the obligor shall be filed with the
5 Clerk of the Circuit Court.
6 (8) At any time after the initial service of an income
7 withholding notice under this Section, any other payor of the
8 obligor may be served with the same income withholding notice
9 without further notice to the obligor.
10 (9) (4) New service of an income order for withholding
11 notice is not required in order to resume withholding of
12 income in the case of an obligor with respect to whom an
13 income order for withholding notice was previously served on
14 the payor if withholding of income was terminated because of
15 an interruption in the obligor's employment of less than 180
16 days.
17 (C) Income Withholding After Accrual of Delinquency.
18 (1) Whenever an obligor accrues a delinquency, the
19 obligee or public office may prepare and serve upon the
20 obligor's payor an income withholding notice that:
21 (a) Contains the information required under
22 paragraph (3) of subsection (B); and
23 (b) Contains a computation of the period and total
24 amount of the delinquency as of the date of the notice;
25 and
26 (c) Directs the payor to withhold the dollar amount
27 required to be withheld periodically under the order for
28 support for payment of the delinquency.
29 (2) The income withholding notice and the obligor's copy
30 of the income withholding notice shall be served as provided
31 in paragraph (7) of subsection (B).
32 (3) The obligor may contest withholding commenced under
33 this subsection by filing a petition to contest withholding
34 with the Clerk of the Circuit Court within 20 days after
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1 service of a copy of the income withholding notice on the
2 obligor. However, the grounds for the petition to contest
3 withholding shall be limited to:
4 (a) A dispute concerning the existence or amount of
5 the delinquency; or
6 (b) The identity of the obligor.
7 The Clerk of the Circuit Court shall notify the obligor
8 and the obligee or public office of the time and place of the
9 hearing on the petition to contest withholding. The court
10 shall hold the hearing pursuant to the provisions of
11 subsection (F).
12 (D) Initiated Withholding.
13 (1) Notwithstanding any other provision of this Section,
14 if the court has not required that income withholding take
15 effect immediately, the obligee or public office may initiate
16 withholding, regardless of whether a delinquency has accrued,
17 by preparing and serving an income withholding notice on the
18 payor that contains the information required under paragraph
19 (3) of subsection (B) and states that the parties' written
20 agreement providing an alternative arrangement to immediate
21 withholding under paragraph (1) of subsection (B) no longer
22 ensures payment of support and the reason or reasons why it
23 does not.
24 (2) The income withholding notice and the obligor's copy
25 of the income withholding notice shall be served as provided
26 in paragraph (7) of subsection (B).
27 (3) The obligor may contest withholding commenced under
28 this subsection by filing a petition to contest withholding
29 with the Clerk of the Circuit Court within 20 days after
30 service of a copy of the income withholding notice on the
31 obligor. However, the grounds for the petition shall be
32 limited to a dispute concerning:
33 (a) whether the parties' written agreement
34 providing an alternative arrangement to immediate
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1 withholding under paragraph (1) of subsection (B)
2 continues to ensure payment of support; or
3 (b) the identity of the obligor.
4 It shall not be grounds for filing a petition that the
5 obligor has made all payments due by the date of the
6 petition.
7 (4) If the obligor files a petition contesting
8 withholding within the 20-day period required under paragraph
9 (3), the Clerk of the Circuit Court shall notify the obligor
10 and the obligee or public office, as appropriate, of the time
11 and place of the hearing on the petition. The court shall
12 hold the hearing pursuant to the provisions of subsection
13 (F). regular or facsimile regular or facsimile
14 (E) Duties of Payor.
15 (1) It shall be the duty of any payor who has been
16 served with an income withholding notice to deduct and pay
17 over income as provided in this subsection. The payor shall
18 deduct the amount designated in the income withholding
19 notice, as supplemented by any notice provided pursuant to
20 paragraph (6) of subsection (G), beginning no later than the
21 next payment of income which is payable or creditable to the
22 obligor that occurs 14 days following the date the income
23 withholding notice was mailed, sent by facsimile or other
24 electronic means, or placed for personal delivery to or
25 service on the payor. The payor may combine all amounts
26 withheld for the benefit of an obligee or public office into
27 a single payment and transmit the payment with a listing of
28 obligors from whom withholding has been effected. The payor
29 shall pay the amount withheld to the obligee or public office
30 within 7 business days after the date the amount would (but
31 for the duty to withhold income) have been paid or credited
32 to the obligor. If the payor knowingly fails to pay any
33 amount withheld to the obligee or public office within 7
34 business days after the date the amount would have been paid
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1 or credited to the obligor, the payor shall pay a penalty of
2 $100 for each day that the withheld amount is not paid to the
3 obligee or public office after the period of 7 business days
4 has expired. The failure of a payor, on more than one
5 occasion, to pay amounts withheld to the obligee or public
6 office within 7 business days after the date the amount would
7 have been paid or credited to the obligor creates a
8 presumption that the payor knowingly failed to pay over the
9 amounts. This penalty, along with any amounts required to be
10 withheld and paid, may be collected in a civil action which
11 may be brought against the payor in favor of the obligee or
12 public office. A finding of a payor's nonperformance within
13 the time required under this Section must be documented by a
14 certified mail return receipt showing the date the income
15 order for withholding notice was served on the payor. For
16 purposes of this Section, a withheld amount shall be
17 considered paid by a payor on the date it is mailed by the
18 payor, or on the date an electronic funds transfer of the
19 amount has been initiated by the payor, or on the date
20 delivery of the amount has been initiated by the payor. For
21 each deduction, the payor shall provide the obligee or public
22 office, at the time of transmittal, with the date the amount
23 would (but for the duty to withhold income) have been paid or
24 credited to the obligor. The payor shall not be required to
25 vary the normal pay and disbursement cycles in order to
26 comply with this paragraph.
27 Upon receipt of an income withholding notice requiring
28 that a minor child be named as a beneficiary of a health
29 insurance plan available through an employer or labor union
30 or trade union, the employer or labor union or trade union
31 shall immediately enroll the minor child as a beneficiary in
32 the health insurance plan designated by the income
33 withholding notice. The employer shall withhold any required
34 premiums and pay over any amounts so withheld and any
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1 additional amounts the employer pays to the insurance carrier
2 in a timely manner. The employer or labor union or trade
3 union shall mail to the obligee, within 15 days of enrollment
4 or upon request, notice of the date of coverage, information
5 on the dependent coverage plan, and all forms necessary to
6 obtain reimbursement for covered health expenses, such as
7 would be made available to a new employee. When an order for
8 dependent coverage is in effect and the insurance coverage is
9 terminated or changed for any reason, the employer or labor
10 union or trade union shall notify the obligee within 10 days
11 of the termination or change date along with notice of
12 conversion privileges.
13 For withholding of income, the payor shall be entitled to
14 receive a fee not to exceed $5 per month to be taken from the
15 income to be paid to the obligor.
16 (2) Whenever the obligor is no longer receiving income
17 from the payor, the payor shall return a copy of the income
18 withholding notice to the obligee or public office and shall
19 provide information for the purpose of enforcing this
20 Section.
21 (3) Withholding of income under this Section shall be
22 made without regard to any prior or subsequent garnishments,
23 attachments, wage assignments, or any other claims of
24 creditors. Withholding of income under this Section shall
25 not be in excess of the maximum amounts permitted under the
26 federal Consumer Credit Protection Act. If the payor has been
27 served with more than one income withholding notice
28 pertaining to the same obligor, the payor shall allocate
29 income available for withholding on a proportionate share
30 basis, giving priority to current support payments. If there
31 is any income available for withholding after withholding for
32 all current support obligations, the payor shall allocate the
33 income to past due support payments ordered in cases in which
34 cash assistance under the Illinois Public Aid Code is not
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1 being provided to the obligee and then to past due support
2 payments ordered in cases in which cash assistance under the
3 Illinois Public Aid Code is being provided to the obligee,
4 both on a proportionate share basis. A payor who complies
5 with an income withholding notice that is regular on its face
6 shall not be subject to civil liability with respect to any
7 individual, any agency, or any creditor of the obligor for
8 conduct in compliance with the notice.
9 (4) No payor shall discharge, discipline, refuse to hire
10 or otherwise penalize any obligor because of the duty to
11 withhold income.
12 (F) Petitions to Contest Withholding or to Modify, Suspend,
13 Terminate, or Correct Income Withholding Notices.
14 (1) When an obligor files a petition to contest
15 withholding, the court, after due notice to all parties,
16 shall hear the matter as soon as practicable and shall enter
17 an order granting or denying relief, ordering service of an
18 amended income withholding notice, where applicable, or
19 otherwise resolving the matter.
20 The court shall deny the obligor's petition if the court
21 finds that when the income withholding notice was mailed,
22 sent by facsimile transmission or other electronic means, or
23 placed for personal delivery to or service on the payor:
24 (a) A delinquency existed; or
25 (b) The parties' written agreement providing an
26 alternative arrangement to immediate withholding under
27 paragraph (1) of subsection (B) no longer ensured payment
28 of support.
29 (2) At any time, an obligor, obligee, public office or
30 Clerk of the Circuit Court may petition the court to:
31 (a) modify, suspend or terminate the income
32 withholding notice because of a modification, suspension
33 or termination of the underlying order for support; or
34 (b) modify the amount of income to be withheld to
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1 reflect payment in full or in part of the delinquency or
2 arrearage by income withholding or otherwise; or
3 (c) suspend the income withholding notice because
4 of inability to deliver income withheld to the obligee
5 due to the obligee's failure to provide a mailing address
6 or other means of delivery.
7 (3) At any time an obligor may petition the court to
8 correct a term contained in an income withholding notice to
9 conform to that stated in the underlying order for support
10 for:
11 (a) The amount of current support;
12 (b) The amount of the arrearage;
13 (c) The periodic amount for payment of the
14 arrearage; or
15 (d) The periodic amount for payment of the
16 delinquency.
17 (4) The obligor, obligee or public office shall serve on
18 the payor, in the manner provided for service of income
19 withholding notices in paragraph (7) of subsection (B), a
20 copy of any order entered pursuant to this subsection that
21 affects the duties of the payor.
22 (5) At any time, a public office or Clerk of the Circuit
23 Court may serve a notice on the payor to:
24 (a) Cease withholding of income for payment of
25 current support for a child when the support obligation
26 for that child has automatically ceased under the order
27 for support through emancipation or otherwise; or
28 (b) Cease withholding of income for payment of
29 delinquency or arrearage when the delinquency or
30 arrearage has been paid in full.
31 (6) The notice provided for under paragraph (5) of this
32 subsection shall be served on the payor in the manner
33 provided for service of income withholding notices in
34 paragraph (7) of subsection (B), and a copy shall be provided
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1 to the obligor and the obligee.
2 (7) The income withholding notice shall continue to be
3 binding upon the payor until service of an amended income
4 withholding notice or any order of the court or notice
5 entered or provided for under this subsection.
6 (G) Additional Duties.
7 (1) An obligee who is receiving income withholding
8 payments under this Section shall notify the payor, if the
9 obligee receives the payments directly from the payor, or the
10 public office or the Clerk of the Circuit Court, as
11 appropriate, of any change of address within 7 days of such
12 change.
13 (2) An obligee who is a recipient of public aid shall
14 send a copy of any income withholding notice served by the
15 obligee to the Attorney General Division of Child Support
16 Enforcement of the Illinois Department of Public Aid.
17 (3) Each obligor shall notify the obligee, the public
18 office, and the Clerk of the Circuit Court of any change of
19 address within 7 days.
20 (4) An obligor whose income is being withheld or who has
21 been served with a notice of delinquency pursuant to this
22 Section shall notify the obligee, the public office, and the
23 Clerk of the Circuit Court of any new payor, within 7 days.
24 (5) When the Office of the Attorney General Illinois
25 Department of Public Aid is no longer authorized to receive
26 payments for the obligee, it shall, within 7 days, notify the
27 payor or, where appropriate, the Clerk of the Circuit Court,
28 to redirect income withholding payments to the obligee.
29 (6) The obligee or public office shall provide notice to
30 the payor and Clerk of the Circuit Court of any other support
31 payment made, including but not limited to, a set-off under
32 federal and State law or partial payment of the delinquency
33 or arrearage, or both.
34 (7) Any public office and Clerk of the Circuit Court
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1 which collects, disburses or receives payments pursuant to
2 income withholding notices shall maintain complete, accurate,
3 and clear records of all payments and their disbursements.
4 Certified copies of payment records maintained by a public
5 office or Clerk of the Circuit Court shall, without further
6 proof, be admitted into evidence in any legal proceedings
7 under this Section.
8 (8) The Illinois Department of Public Aid (before the
9 effective date of this amendatory Act of 1997) or the
10 Attorney General (on and after that date) shall design
11 suggested legal forms for proceeding under this Section and
12 shall make available to the courts such forms and
13 informational materials which describe the procedures and
14 remedies set forth herein for distribution to all parties in
15 support actions.
16 (9) At the time of transmitting each support payment,
17 the clerk of the circuit court shall provide the obligee or
18 public office, as appropriate, with any information furnished
19 by the payor as to the date the amount would (but for the
20 duty to withhold income) have been paid or credited to the
21 obligor.
22 (H) Penalties.
23 (1) Where a payor wilfully fails to withhold or pay over
24 income pursuant to a properly served income withholding
25 notice, or wilfully discharges, disciplines, refuses to hire
26 or otherwise penalizes an obligor as prohibited by subsection
27 (E), or otherwise fails to comply with any duties imposed by
28 this Section, the obligee, public office or obligor, as
29 appropriate, may file a complaint with the court against the
30 payor. The clerk of the circuit court shall notify the
31 obligee or public office, as appropriate, and the obligor and
32 payor of the time and place of the hearing on the complaint.
33 The court shall resolve any factual dispute including, but
34 not limited to, a denial that the payor is paying or has paid
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1 income to the obligor. Upon a finding in favor of the
2 complaining party, the court:
3 (a) shall enter judgment and order the enforcement
4 thereof for the total amount that the payor wilfully
5 failed to withhold or pay over; and
6 (b) may order employment or reinstatement of or
7 restitution to the obligor, or both, where the obligor
8 has been discharged, disciplined, denied employment or
9 otherwise penalized by the payor and may impose a fine
10 upon the payor not to exceed $200.
11 (2) Any obligee, public office or obligor who wilfully
12 initiates a false proceeding under this Section or who
13 wilfully fails to comply with the requirements of this
14 Section shall be punished as in cases of contempt of court.
15 (I) Alternative Procedures for Service of an Income
16 Withholding Notice.
17 (1) The procedures of this subsection may be used in any
18 matter to serve an income withholding notice on a payor if:
19 (a) For any reason the most recent order for
20 support entered does not contain the income withholding
21 provisions required under subsection (B), irrespective of
22 whether a separate order for withholding was entered
23 prior to July 1, 1997; and
24 (b) The obligor has accrued a delinquency after
25 entry of the most recent order for support.
26 (2) The obligee or public office shall prepare and serve
27 the income withholding notice in accordance with the
28 provisions of subsection (C), except that the notice shall
29 contain a periodic amount for payment of the delinquency
30 equal to 20% of the total of the current support amount and
31 the amount to be paid periodically for payment of any
32 arrearage stated in the most recent order for support.
33 (3) If the obligor requests in writing that income
34 withholding become effective prior to the obligor accruing a
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1 delinquency under the most recent order for support, the
2 obligee or public office may prepare and serve an income
3 withholding notice on the payor as provided in subsection
4 (B). In addition to filing proofs of service of the income
5 withholding notice on the payor and the obligor, the obligee
6 or public office shall file a copy of the obligor's written
7 request for income withholding with the Clerk of the Circuit
8 Court.
9 (4) All other provisions of this Section shall be
10 applicable with respect to the provisions of this subsection
11 (I).
12 (J) 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. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
22 90-425, eff. 8-15-97; revised 9-29-97.)
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
18 court, the Attorney General, or to the Illinois Department of
19 Public Aid, unless in the discretion of the court exceptional
20 circumstances warrant otherwise. In such cases where payment
21 is to be made to persons other than the clerk of the court,
22 the Court Service Division of the County Department of Public
23 Aid, or the Illinois Department of Public Aid, the judgment
24 or order of support shall set forth the facts of the
25 exceptional circumstances.
26 (3) Where the action or supplementary proceeding is in
27 behalf of a mother for pregnancy and delivery expenses or for
28 child support, or both, and the mother, child, or both, are
29 recipients of aid under the Illinois Public Aid Code, the
30 court shall order that the payments be made directly to (a)
31 the Attorney General Illinois Department of Public Aid if the
32 mother or child, or both, are recipients under Articles IV or
33 V of the Code, or (b) the local governmental unit responsible
34 for the support of the mother or child, or both, if they are
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1 recipients under Articles VI or VII of the Code. In
2 accordance with federal law and regulations, the Attorney
3 General or Illinois Department of Public Aid may continue to
4 collect current maintenance payments or child support
5 payments, or both, after those persons cease to receive
6 public assistance and until termination of services under
7 Article X of the Illinois Public Aid Code or under Sections
8 7.1 through 7.295 of the Attorney General Act. The Attorney
9 General or Illinois Department of Public Aid shall pay the
10 net amount collected to those persons after deducting any
11 costs incurred in making the collection or any collection fee
12 from the amount of any recovery made. The Illinois Department
13 of Public Aid, the Attorney General, or the local
14 governmental unit, as the case may be, may direct that
15 payments be made directly to the mother of the child, or to
16 some other person or agency in the child's behalf, upon the
17 removal of the mother and child from the public aid rolls or
18 upon termination of services under Article X of the Illinois
19 Public Aid Code or under Sections 7.1 through 7.295 of the
20 Attorney General Act; and upon such direction, the Illinois
21 Department, the Attorney General, or the local governmental
22 unit, as the case requires, shall give notice of such action
23 to the court in writing or by electronic transmission.
24 (4) All clerks of the court, and the Court Service
25 Division of a County Department of Public Aid, and the
26 Illinois Department of Public Aid, and the Attorney General
27 receiving child support payments under paragraphs (1) or (2)
28 shall disburse the same to the person or persons entitled
29 thereto under the terms of the order. They shall establish
30 and maintain clear and current records of all moneys received
31 and disbursed and of defaults and delinquencies in required
32 payments. The court, by order or rule, shall make provision
33 for the carrying out of these duties.
34 In cases in which a party is receiving child and spouse
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1 support services under Article X of the Illinois Public Aid
2 Code or under Sections 7.1 through 7.295 of the Attorney
3 General Act and the order for support provides that child
4 support payments be made to the obligee, the Illinois
5 Department of Public Aid (before the effective date of this
6 amendatory Act of 1997) or the Attorney General (on and after
7 that date) may provide notice to the obligor and the
8 obligor's payor, when income withholding is in effect under
9 Section 20 of this Act, to make all payments after receipt of
10 the Department's or Attorney General's notice to the clerk of
11 the court until further notice by the Department or the
12 Attorney General or order of the court. Copies of the notice
13 shall be provided to the obligee and the clerk. The clerk's
14 copy shall contain a proof of service on the obligor and the
15 obligor's payor, where applicable. The clerk shall file the
16 clerk's copy of the notice in the court file. The notice to
17 the obligor and the payor, if applicable, may be sent by
18 ordinary mail, certified mail, return receipt requested,
19 facsimile transmission, or other electronic process, or may
20 be served upon the obligor or payor using any method provided
21 by law for service of a summons. An obligor who fails to
22 comply with a notice provided under this paragraph is guilty
23 of a Class B misdemeanor. A payor who fails to comply with a
24 notice provided under this paragraph is guilty of a business
25 offense and subject to a fine of up to $1,000.
26 Upon notification in writing or by electronic
27 transmission from the Illinois Department of Public Aid
28 (before the effective date of this amendatory Act of 1997) or
29 the Attorney General (on and after that date) to the clerk of
30 the court that a person who is receiving support payments
31 under this Section is receiving services under the Child
32 Support Enforcement Program established by Title IV-D of the
33 Social Security Act, any support payments subsequently
34 received by the clerk of the court shall be transmitted in
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1 accordance with the instructions of the Illinois Department
2 of Public Aid or the Attorney General until the Department or
3 the Attorney General gives notice to the clerk of the court
4 to cease the transmittal. After providing the notification
5 authorized under this paragraph, the Illinois Department of
6 Public Aid (before the effective date of this amendatory Act
7 of 1997) or the Attorney General (on and after that date)
8 shall be entitled as a party to notice of any further
9 proceedings in the case. The clerk of the court shall file a
10 copy of the Illinois Department of Public Aid's or Attorney
11 General's notification in the court file. The failure of the
12 clerk to file a copy of the notification in the court file
13 shall not, however, affect the Illinois Department of Public
14 Aid's or Attorney General's right to receive notice of
15 further proceedings.
16 Payments under this Section to the Illinois Department of
17 Public Aid or the Attorney General pursuant to the Child
18 Support Enforcement Program established by Title IV-D of the
19 Social Security Act shall be paid into the Child Support
20 Enforcement Trust Fund. All other payments under this
21 Section to the Illinois Department of Public Aid shall be
22 deposited in the Public Assistance Recoveries Trust Fund.
23 Disbursement from these funds shall be as provided in the
24 Illinois Public Aid Code. Payments received by a local
25 governmental unit shall be deposited in that unit's General
26 Assistance Fund.
27 (5) The moneys received by persons or agencies
28 designated by the court shall be disbursed by them in
29 accordance with the order. However, the court, on petition
30 of the state's attorney or the Attorney General, may enter
31 new orders designating the clerk of the court, the Attorney
32 General, or the Illinois Department of Public Aid, as the
33 person or agency authorized to receive and disburse child
34 support payments and, in the case of recipients of public
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1 aid, the court, on petition of the Attorney General or
2 State's Attorney, shall direct subsequent payments to be paid
3 to the Illinois Department of Public Aid, the Attorney
4 General, or to the appropriate local governmental unit, as
5 provided in paragraph (3). Payments of child support by
6 principals or sureties on bonds, or proceeds of any sale for
7 the enforcement of a judgment shall be made to the clerk of
8 the court, the Illinois Department of Public Aid, the
9 Attorney General, or the appropriate local governmental unit,
10 as the respective provisions of this Section require.
11 (6) For those cases in which child support is payable to
12 the clerk of the circuit court for transmittal to the
13 Illinois Department of Public Aid or the Attorney General by
14 order of court or upon notification by the Illinois
15 Department of Public Aid or the Attorney General, the clerk
16 shall transmit all such payments, within 4 working days of
17 receipt, to ensure insure that funds are available for
18 immediate distribution by the Department or the Attorney
19 General to the person or entity entitled thereto in
20 accordance with standards of the Child Support Enforcement
21 Program established under Title IV-D of the Social Security
22 Act. The clerk shall notify the Department or the Attorney
23 General of the date of receipt and amount thereof at the time
24 of transmittal. Where the clerk has entered into an
25 agreement of cooperation with the Department or the Attorney
26 General to record the terms of child support orders and
27 payments made thereunder directly into the IV-D Agency's
28 Department's automated data processing system, the clerk
29 shall account for, transmit and otherwise distribute child
30 support payments in accordance with such agreement in lieu of
31 the requirements contained herein.
32 (Source: P.A. 90-18, eff. 7-1-97.)
33 (750 ILCS 45/22) (from Ch. 40, par. 2522)
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1 Sec. 22. (a) In all cases instituted before the
2 effective date of this amendatory Act of 1997 by the Illinois
3 Department of Public Aid on behalf of a child or spouse,
4 other than one receiving a grant of financial aid under
5 Article IV of The Illinois Public Aid Code, on whose behalf
6 an application has been made and approved for support
7 services as provided by Section 10-1 of that Code, the court
8 shall impose a collection fee on the individual who owes a
9 child or spouse support obligation in an amount equal to 10%
10 of the amount so owed as long as such collection is required
11 by federal law, which fee shall be in addition to the support
12 obligation. The imposition of such fee shall be in
13 accordance with provisions of Title IV, Part D, of the Social
14 Security Act and regulations duly promulgated thereunder.
15 The fee shall be payable to the clerk of the circuit court
16 for transmittal to the Illinois Department of Public Aid and
17 shall continue until support services are terminated by that
18 Department, except as otherwise provided in this subsection.
19 If a collection fee is imposed under this subsection and
20 if, on or after the effective date of this amendatory Act of
21 1997, the child or spouse receives support services under
22 Section 7.5 of the Attorney General Act, the fee shall be
23 payable to the clerk of the circuit court for transmittal to
24 the Attorney General and shall continue until support
25 services are terminated by the Attorney General. Nothing in
26 this amendatory Act of 1997 shall be construed to affect the
27 validity of any collection fee imposed in accordance with the
28 first paragraph of this subsection.
29 (b) In all cases instituted on or after the effective
30 date of this amendatory Act of 1997 by the Attorney General
31 on behalf of a child or spouse, other than one receiving a
32 grant of financial aid under Article IV of the Illinois
33 Public Aid Code, on whose behalf an application has been made
34 and approved for support services as provided by Section 7.5
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1 of the Attorney General Act, the court shall impose a
2 collection fee on the individual who owes a child or spouse
3 support obligation in an amount equal to 10% of the amount so
4 owed as long as such collection is required by federal law,
5 which fee shall be in addition to the support obligation.
6 The imposition of such fee shall be in accordance with
7 provisions of Title IV, Part D, of the Social Security Act
8 and regulations duly promulgated thereunder. The fee shall
9 be payable to the clerk of the circuit court for transmittal
10 to the Attorney General and shall continue until support
11 services are terminated by the Attorney General.
12 (Source: P.A. 83-1372.)
13 (750 ILCS 45/23) (from Ch. 40, par. 2523)
14 Sec. 23. Notice to Clerk of Circuit Court of Payment
15 Received by Illinois Department of Public Aid or Attorney
16 General for Recording. For those cases in which support is
17 payable to the clerk of the circuit court for transmittal to
18 the Illinois Department of Public Aid by order of court, and
19 the Illinois Department of Public Aid or the Attorney General
20 collects support by assignment offset, withhold, deduction or
21 other process permitted by law, the Illinois Department of
22 Public Aid or the Attorney General shall notify the clerk of
23 the date and amount of such collection. Upon notification,
24 the clerk shall record the collection on the payment record
25 for the case.
26 (Source: P.A. 83-1372.)
27 Section 80. The Unemployment Insurance Act is amended by
28 changing Section 1300 as follows:
29 (820 ILCS 405/1300) (from Ch. 48, par. 540)
30 Sec. 1300. Waiver or transfer of benefit rights -
31 Partial exemption.
-237- LRB9007364SMdv
1 (A) Except as otherwise provided herein any agreement by
2 an individual to waive, release or commute his rights under
3 this Act shall be void.
4 (B) Benefits due under this Act shall not be assigned,
5 pledged, encumbered, released or commuted and shall be exempt
6 from all claims of creditors and from levy, execution and
7 attachment or other remedy for recovery or collection of a
8 debt. However, nothing in this Section shall prohibit a
9 specified or agreed upon deduction from benefits by an
10 individual, or a court or administrative order for
11 withholding of income, for payment of past due child support
12 from being enforced and collected by the Attorney General
13 Department of Public Aid on behalf of persons receiving a
14 grant of financial aid under Article IV of The Illinois
15 Public Aid Code, persons for whom an application has been
16 made and approved for support services under Section 7.5 of
17 the Attorney General Act 10-1 of such Code, or persons
18 similarly situated and receiving like support services in
19 other states. It is provided that:
20 (1) The aforementioned deduction of benefits and
21 order for withholding of income apply only if appropriate
22 arrangements have been made for reimbursement to the
23 Director by the Attorney General Department of Public Aid
24 for any administrative costs incurred by the Director
25 under this Section.
26 (2) The Director shall deduct and withhold from
27 benefits payable under this Act, or under any arrangement
28 for the payment of benefits entered into by the Director
29 pursuant to the powers granted under Section 2700 of this
30 Act, the amount specified or agreed upon. In the case of
31 a court or administrative order for withholding of
32 income, the Director shall withhold the amount of the
33 order.
34 (3) Any amount deducted and withheld by the
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1 Director shall be paid to the Attorney General Department
2 of Public Aid on behalf of the individual.
3 (4) Any amount deducted and withheld under
4 subsection (3) shall for all purposes be treated as if it
5 were paid to the individual as benefits and paid by such
6 individual to the Attorney General Department of Public
7 Aid in satisfaction of the individual's child support
8 obligations.
9 (5) For the purpose of this Section, child support
10 is defined as those obligations which are being enforced
11 pursuant to a plan described in Title IV, Part D, Section
12 454 of the Social Security Act and approved by the
13 Secretary of Health and Human Services.
14 (6) The deduction of benefits and order for
15 withholding of income for child support shall be governed
16 by Titles III and IV of the Social Security Act and all
17 regulations duly promulgated thereunder.
18 (C) Nothing in this Section prohibits an individual from
19 voluntarily electing to have federal income tax deducted and
20 withheld from his or her unemployment insurance benefit
21 payments.
22 (1) The Director shall, at the time that an
23 individual files his or her claim for benefits that
24 establishes his or her benefit year, inform the
25 individual that:
26 (a) unemployment insurance is subject to
27 federal, State, and local income taxes;
28 (b) requirements exist pertaining to estimated
29 tax payments;
30 (c) the individual may elect to have federal
31 income tax deducted and withheld from his or her
32 payments of unemployment insurance in the amount
33 specified in the federal Internal Revenue Code; and
34 (d) the individual is permitted to change a
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1 previously elected withholding status no more than
2 once each calendar year.
3 (2) Amounts deducted and withheld from unemployment
4 insurance shall remain in the unemployment fund until
5 transferred to the federal taxing authority as a payment
6 of income tax.
7 (3) The Director shall follow all procedures
8 specified by the United States Department of Labor and
9 the federal Internal Revenue Service pertaining to the
10 deducting and withholding of income tax.
11 (4) Amounts shall be deducted and withheld in
12 accordance with the priorities established in rules
13 promulgated by the Director.
14 (D) Nothing in this Section prohibits an individual from
15 voluntarily electing to have State of Illinois income tax
16 deducted and withheld from his or her unemployment insurance
17 benefit payments if such deduction and withholding is
18 provided for pursuant to rules promulgated by the Director.
19 (1) If pursuant to rules promulgated by the
20 Director, an individual may voluntarily elect to have
21 State of Illinois income tax deducted and withheld from
22 his or her unemployment insurance benefit payments, the
23 Director shall, at the time that an individual files his
24 or her claim for benefits that establishes his or her
25 benefit year, in addition to providing the notice
26 required under subsection C, inform the individual that:
27 (a) the individual may elect to have State of
28 Illinois income tax deducted and withheld from his
29 or her payments of unemployment insurance in the
30 amount specified pursuant to rules promulgated by
31 the Director; and
32 (b) the individual is permitted to change a
33 previously elected withholding status no more than
34 once each calendar year.
-240- LRB9007364SMdv
1 (2) Amounts deducted and withheld from unemployment
2 insurance shall remain in the unemployment fund until
3 transferred to the Department of Revenue as a payment of
4 State of Illinois income tax.
5 (3) Amounts shall be deducted and withheld in
6 accordance with the priorities established in rules
7 promulgated by the Director.
8 (E) Nothing in this Section prohibits the deduction and
9 withholding of an uncollected overissuance of food stamp
10 coupons from unemployment insurance benefits pursuant to this
11 subsection (E).
12 (1) At the time that an individual files a claim
13 for benefits that establishes his or her benefit year,
14 that individual must disclose whether or not he or she
15 owes an uncollected overissuance (as defined in Section
16 13(c)(1) of the federal Food Stamp Act of 1977) of food
17 stamp coupons. The Director shall notify the State food
18 stamp agency enforcing such obligation of any individual
19 who discloses that he or she owes an uncollected
20 overissuance of food stamp coupons and who meets the
21 monetary eligibility requirements of subsection E of
22 Section 500.
23 (2) The Director shall deduct and withhold from any
24 unemployment insurance benefits payable to an individual
25 who owes an uncollected overissuance of food stamp
26 coupons:
27 (a) the amount specified by the individual to
28 the Director to be deducted and withheld under this
29 subsection (E);
30 (b) the amount (if any) determined pursuant to
31 an agreement submitted to the State food stamp
32 agency under Section 13(c)(3)(A) of the federal Food
33 Stamp Act of 1977; or
34 (c) any amount otherwise required to be
-241- LRB9007364SMdv
1 deducted and withheld from unemployment insurance
2 benefits pursuant to Section 13(c)(3)(B) of the
3 federal Food Stamp Act of 1977.
4 (3) Any amount deducted and withheld pursuant to
5 this subsection (E) shall be paid by the Director to the
6 State food stamp agency.
7 (4) Any amount deducted and withheld pursuant to
8 this subsection (E) shall for all purposes be treated as
9 if it were paid to the individual as unemployment
10 insurance benefits and paid by the individual to the
11 State food stamp agency as repayment of the individual's
12 uncollected overissuance of food stamp coupons.
13 (5) For purposes of this subsection (E),
14 "unemployment insurance benefits" means any compensation
15 payable under this Act including amounts payable by the
16 Director pursuant to an agreement under any federal law
17 providing for compensation, assistance, or allowances
18 with respect to unemployment.
19 (6) This subsection (E) applies only if
20 arrangements have been made for reimbursement by the
21 State food stamp agency for the administrative costs
22 incurred by the Director under this subsection (E) which
23 are attributable to the repayment of uncollected
24 overissuances of food stamp coupons to the State food
25 stamp agency.
26 (Source: P.A. 89-446, eff. 1-1-97; 90-425, eff. 8-15-97.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 405/10
4 15 ILCS 205/7.1 new
5 15 ILCS 205/7.5 new
6 15 ILCS 205/7.10 new
7 15 ILCS 205/7.15 new
8 15 ILCS 205/7.20 new
9 15 ILCS 205/7.25 new
10 15 ILCS 205/7.27 new
11 15 ILCS 205/7.28 new
12 15 ILCS 205/7.30 new
13 15 ILCS 205/7.35 new
14 15 ILCS 205/7.40 new
15 15 ILCS 205/7.45 new
16 15 ILCS 205/7.50 new
17 15 ILCS 205/7.52 new
18 15 ILCS 205/7.55 new
19 15 ILCS 205/7.60 new
20 15 ILCS 205/7.65 new
21 15 ILCS 205/7.70 new
22 15 ILCS 205/7.75 new
23 15 ILCS 205/7.80 new
24 15 ILCS 205/7.85 new
25 15 ILCS 205/7.90 new
26 15 ILCS 205/7.95 new
27 15 ILCS 205/7.100 new
28 15 ILCS 205/7.105 new
29 15 ILCS 205/7.110 new
30 15 ILCS 205/7.115 new
31 15 ILCS 205/7.120 new
32 15 ILCS 205/7.125 new
33 15 ILCS 205/7.130 new
34 15 ILCS 205/7.135 new
-243- LRB9007364SMdv
1 15 ILCS 205/7.140 new
2 15 ILCS 205/7.145 new
3 15 ILCS 205/7.150 new
4 15 ILCS 205/7.155 new
5 15 ILCS 205/7.160 new
6 15 ILCS 205/7.165 new
7 15 ILCS 205/7.170 new
8 15 ILCS 205/7.172 new
9 15 ILCS 205/7.175 new
10 15 ILCS 205/7.180 new
11 15 ILCS 205/7.185 new
12 15 ILCS 205/7.190 new
13 15 ILCS 205/7.195 new
14 15 ILCS 205/7.200 new
15 15 ILCS 205/7.205 new
16 15 ILCS 205/7.210 new
17 15 ILCS 205/7.215 new
18 15 ILCS 205/7.220 new
19 15 ILCS 205/7.221 new
20 15 ILCS 205/7.223 new
21 15 ILCS 205/7.225 new
22 15 ILCS 205/7.230 new
23 15 ILCS 205/7.235 new
24 15 ILCS 205/7.240 new
25 15 ILCS 205/7.245 new
26 15 ILCS 205/7.250 new
27 15 ILCS 205/7.255 new
28 15 ILCS 205/7.260 new
29 15 ILCS 205/7.265 new
30 15 ILCS 205/7.270 new
31 15 ILCS 205/7.275 new
32 15 ILCS 205/7.280 new
33 15 ILCS 205/7.285 new
34 15 ILCS 205/7.290 new
-244- LRB9007364SMdv
1 15 ILCS 205/7.295 new
2 5 ILCS 100/10-65 from Ch. 127, par. 1010-65
3 5 ILCS 220/3 from Ch. 127, par. 743
4 20 ILCS 1020/35
5 20 ILCS 2105/60 from Ch. 127, par. 60
6 20 ILCS 2505/39b52
7 305 ILCS 5/10-1.5 new
8 305 ILCS 5/10-21 from Ch. 23, par. 10-21
9 305 ILCS 5/12-4.7c
10 305 ILCS 5/12-4.31
11 305 ILCS 5/12-10.2 from Ch. 23, par. 12-10.2
12 305 ILCS 5/12-16 from Ch. 23, par. 12-16
13 305 ILCS 5/10-1 rep.
14 305 ILCS 5/10-2 rep.
15 305 ILCS 5/10-3 rep.
16 305 ILCS 5/10-3.1 rep.
17 305 ILCS 5/10-3.2 rep.
18 305 ILCS 5/10-3.3 rep.
19 305 ILCS 5/10-3.4 rep.
20 305 ILCS 5/10-4 rep.
21 305 ILCS 5/10-5 rep.
22 305 ILCS 5/10-6 rep.
23 305 ILCS 5/10-7 rep.
24 305 ILCS 5/10-8 rep.
25 305 ILCS 5/10-8.1 rep.
26 305 ILCS 5/10-9 rep.
27 305 ILCS 5/10-10 rep.
28 305 ILCS 5/10-10.1 rep.
29 305 ILCS 5/10-10.2 rep.
30 305 ILCS 5/10-10.3 rep.
31 305 ILCS 5/10-11 rep.
32 305 ILCS 5/10-11.1 rep.
33 305 ILCS 5/10-12 rep.
34 305 ILCS 5/10-13 rep.
-245- LRB9007364SMdv
1 305 ILCS 5/10-13.1 rep.
2 305 ILCS 5/10-13.2 rep.
3 305 ILCS 5/10-13.3 rep.
4 305 ILCS 5/10-13.4 rep.
5 305 ILCS 5/10-13.5 rep.
6 305 ILCS 5/10-13.6 rep.
7 305 ILCS 5/10-13.7 rep.
8 305 ILCS 5/10-13.8 rep.
9 305 ILCS 5/10-13.9 rep.
10 305 ILCS 5/10-13.10 rep.
11 305 ILCS 5/10-14 rep.
12 305 ILCS 5/10-15 rep.
13 305 ILCS 5/10-16 rep.
14 305 ILCS 5/10-16.2 rep.
15 305 ILCS 5/10-16.3 rep.
16 305 ILCS 5/10-17 rep.
17 305 ILCS 5/10-17.1 rep.
18 305 ILCS 5/10-17.2 rep.
19 305 ILCS 5/10-17.3 rep.
20 305 ILCS 5/10-17.4 rep.
21 305 ILCS 5/10-17.5 rep.
22 305 ILCS 5/10-17.6 rep.
23 305 ILCS 5/10-17.7 rep.
24 305 ILCS 5/10-17.8 rep.
25 305 ILCS 5/10-17.9 rep.
26 305 ILCS 5/10-17.11 rep.
27 305 ILCS 5/10-18 rep.
28 305 ILCS 5/10-19 rep.
29 305 ILCS 5/10-20 rep.
30 305 ILCS 5/10-22 rep.
31 305 ILCS 5/10-23 rep.
32 305 ILCS 5/10-24 rep.
33 305 ILCS 5/10-24.5 rep.
34 305 ILCS 5/10-24.30 rep.
-246- LRB9007364SMdv
1 305 ILCS 5/10-24.35 rep.
2 305 ILCS 5/10-24.40 rep.
3 305 ILCS 5/10-24.45 rep.
4 305 ILCS 5/10-24.50 rep.
5 305 ILCS 5/10-25 rep.
6 305 ILCS 5/10-25.5 rep.
7 305 ILCS 5/12-4.3 rep.
8 410 ILCS 535/12 from Ch. 111 1/2, par. 73-12
9 410 ILCS 535/17 from Ch. 111 1/2, par. 73-17
10 410 ILCS 535/22 from Ch. 111 1/2, par. 73-22
11 515 ILCS 5/20-105 from Ch. 56, par. 20-105
12 520 ILCS 5/3.36 from Ch. 61, par. 3.36
13 625 ILCS 5/7-701
14 625 ILCS 5/7-702
15 625 ILCS 5/7-702.1
16 625 ILCS 5/7-703
17 625 ILCS 5/7-704
18 625 ILCS 5/7-705
19 625 ILCS 5/7-706
20 625 ILCS 5/7-707
21 625 ILCS 5/7-708
22 705 ILCS 205/1 from Ch. 13, par. 1
23 750 ILCS 5/505 from Ch. 40, par. 505
24 750 ILCS 5/505.1 from Ch. 40, par. 505.1
25 750 ILCS 5/505.2 from Ch. 40, par. 505.2
26 750 ILCS 5/507 from Ch. 40, par. 507
27 750 ILCS 5/510 from Ch. 40, par. 510
28 750 ILCS 5/516 from Ch. 40, par. 516
29 750 ILCS 5/705 from Ch. 40, par. 705
30 750 ILCS 5/706.1 from Ch. 40, par. 706.1
31 750 ILCS 5/709 from Ch. 40, par. 709
32 750 ILCS 5/712 from Ch. 40, par. 712
33 750 ILCS 15/2.1 from Ch. 40, par. 1105
34 750 ILCS 15/3 from Ch. 40, par. 1106
-247- LRB9007364SMdv
1 750 ILCS 15/4 from Ch. 40, par. 1107
2 750 ILCS 15/4.1 from Ch. 40, par. 1107.1
3 750 ILCS 15/11 from Ch. 40, par. 1114
4 750 ILCS 15/12 from Ch. 40, par. 1115
5 750 ILCS 22/101
6 750 ILCS 22/102
7 750 ILCS 22/310
8 750 ILCS 22/605
9 750 ILCS 25/5 from Ch. 40, par. 2705
10 750 ILCS 45/4.1
11 750 ILCS 45/5 from Ch. 40, par. 2505
12 750 ILCS 45/6 from Ch. 40, par. 2506
13 750 ILCS 45/8 from Ch. 40, par. 2508
14 750 ILCS 45/11 from Ch. 40, par. 2511
15 750 ILCS 45/13 from Ch. 40, par. 2513
16 750 ILCS 45/13.1
17 750 ILCS 45/14 from Ch. 40, par. 2514
18 750 ILCS 45/15.1 from Ch. 40, par. 2515.1
19 750 ILCS 45/20 from Ch. 40, par. 2520
20 750 ILCS 45/21 from Ch. 40, par. 2521
21 750 ILCS 45/22 from Ch. 40, par. 2522
22 750 ILCS 45/23 from Ch. 40, par. 2523
23 820 ILCS 405/1300 from Ch. 48, par. 540