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90_SB0323
SEE INDEX
Amends the Civil Administrative Code of Illinois and the
Illinois Public Aid Code. Provides that the Article of the
Public Aid Code concerning the determination and enforcement
of support responsibilities of relatives shall be
administered by the Department of Revenue rather than the
Department of Public Aid. Provides for the transfer from the
Department of Public Aid to the Department of Revenue of
powers, personnel, property, and relevant funds relating to
support. Makes changes to other Acts related to the
transfer. Effective July 1, 1998.
LRB9002208SMdv
LRB9002208SMdv
1 AN ACT regarding 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 5. The Civil Administrative Code of Illinois is
5 amended by changing Section 48a as follows:
6 (20 ILCS 2205/48a) (from Ch. 127, par. 48a)
7 Sec. 48a. Department of Public Aid - Powers.
8 The Department of Public Aid shall administer "The
9 Illinois Public Aid Code", enacted by the 75th General
10 Assembly, with the exception of Article X of the Illinois
11 Public Aid Code which shall be administered by the Department
12 of Revenue beginning on the effective date of this amendatory
13 Act of 1997.
14 (Source: Laws 1967, p. 234.)
15 Section 10. The Civil Administrative Code of Illinois is
16 amended by changing Section 39b and adding Sections 39b53,
17 39b54, 39b55, 39b56, 39b57, 39b58, and 39b59 as follows:
18 (20 ILCS 2505/39b) (from Ch. 127, par. 39b)
19 Sec. 39b. The Department of Revenue has the powers
20 enumerated in the following Sections preceding Section 39c
21 Sections 39b1 to 39b50 each inclusive.
22 (Source: P.A. 86-610.)
23 (20 ILCS 2505/39b53 new)
24 Sec. 39b53. Transfer of powers. All of the rights,
25 powers, and duties vested in the Illinois Department of
26 Public Aid under Article X of the Illinois Public Aid Code
27 concerning the determination and enforcement of support
28 responsibility of relatives are transferred to the Department
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1 of Revenue.
2 (20 ILCS 2505/39b54 new)
3 Sec. 39b544. Transfer of personnel.
4 (a) Personnel employed by the Illinois Department of
5 Public Aid to perform functions that are transferred by this
6 amendatory Act of 1997 to the Department of Revenue are
7 transferred to the Department of Revenue.
8 (b) Personnel employed by the Department of Public Aid
9 to perform functions that are not clearly classifiable as
10 being related to the determination and enforcement of support
11 responsibility of relatives under Article X of the Illinois
12 Public Aid Code or who are employed to perform complex
13 functions that are transferred only in part to the Department
14 of Revenue under this amendatory Act of 1997 shall be
15 assigned and transferred to the appropriate Department by the
16 Director of Public Aid and the Director of Revenue, in
17 consultation with the Director of Central Management
18 Services.
19 (c) The rights of State employees, the State, and its
20 agencies under the Personnel Code and applicable collective
21 bargaining agreements and retirement plans are not affected
22 by this amendatory Act of 1997.
23 (20 ILCS 2505/39b55 new)
24 Sec. 39b55. Transfer of property. All books, records,
25 documents, property (real and personal), unexpended
26 appropriations, funds related to Article X of the Illinois
27 Public Aid Code, and pending business pertaining to the
28 rights, powers, and duties transferred by this amendatory Act
29 of 1997 from the Illinois Department of Public Aid to the
30 Department of Revenue shall be delivered and transferred to
31 the Department of Revenue by the Illinois Department of
32 Public Aid.
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1 (20 ILCS 2505/39b56 new)
2 Sec. 39b56. Savings provisions.
3 (a) The rights, powers, and duties transferred to the
4 Department of Revenue by this amendatory Act of 1997 shall be
5 vested in and shall be exercised by the Department of Revenue
6 subject to the provisions of this amendatory Act of 1997.
7 Each act done in the exercise of those rights, powers, and
8 duties shall have the same legal effect as if done by the
9 Department of Public Aid, its divisions, officers, or
10 employees.
11 (b) Every person or other entity in the Department of
12 Revenue shall be subject to the same obligations and duties
13 and any penalties, civil or criminal, arising therefrom, and
14 shall have the same rights arising from the exercise of such
15 rights, powers, and duties as if those rights, powers, and
16 duties had been exercised by the Department of Public Aid,
17 its agencies, divisions, officers, or employees.
18 (c) Every officer and employee of the Department of
19 Revenue shall, for any offense, be subject to the same
20 penalties, civil or criminal, as are prescribed by existing
21 law for the same offense committed by an officer or employee
22 whose powers or duties were transferred under this amendatory
23 Act of 1997.
24 (d) Whenever reports or notices are now required to be
25 made or given or documents furnished or served by any person
26 to or upon the Department of Public Aid, they shall be made,
27 given, furnished, or served in the same manner to or upon the
28 Department of Revenue.
29 (e) This amendatory Act of 1997 does not affect any act
30 done, ratified, or cancelled, any right occurring or
31 established, or any action or proceeding had or commenced in
32 an administrative, civil, or criminal cause before this
33 amendatory Act of 1997 takes effect, but such actions or
34 proceedings may be prosecuted and continued by the Department
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1 of Revenue as the case may be.
2 (f) This amendatory Act of 1997 does not affect the
3 legality of any rules that are in force on the effective date
4 of this amendatory Act of 1997 that have been duly adopted by
5 the Department of Public Aid. As soon as practicable after
6 the effective date of this amendatory Act of 1997, the
7 Department of Revenue shall propose and adopt under the
8 Illinois Administrative Procedure Act such rules as may be
9 necessary to adopt the rules of the Department of Public Aid
10 that will now be administered by the Department of Revenue.
11 (20 ILCS 2505/39b57 new)
12 Sec. 39b57. Child Support Emergency Revolving Fund; Uses.
13 The Child Support Emergency Revolving Fund transferred to the
14 Department of Revenue by this amendatory Act of 1997 shall be
15 held by the Department of Revenue and shall be used to
16 provide immediate payments to current or former recipients of
17 support services, or refunds to responsible relatives, for
18 child support made to the Department of Revenue under Title
19 IV-D of the Social Security Act when the recipients of
20 services or responsible relatives are legally entitled to all
21 or part of the child support payments under applicable State
22 or federal law.
23 (20 ILCS 2505/39b58 new)
24 Sec. 39b58. Child Support Recoveries Trust Fund; Uses.
25 The Child Support Recoveries Trust Fund, to be held by the
26 State Treasurer as ex-officio custodian outside the State
27 Treasury, shall consist of recoveries authorized by Article X
28 of the Illinois Public Aid Code, including payments received
29 by the Department of Revenue under Sections 10-3.1, 10-8,
30 10-10, 10-16, and 10-19 of the Illinois Public Aid Code,
31 except those pursuant to the Child Support Enforcement
32 Program established by Title IV-D of the Social Security Act
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1 and required to be paid into the Child Support Enforcement
2 Trust Fund under Section 39b59 of this Code, that are
3 required by such Sections to be paid into the Child Support
4 Recoveries Trust Fund.
5 Disbursements from this Fund shall be only: (1) for
6 payments to non-recipients, or to former recipients of
7 financial aid of the collections which are made in their
8 behalf under Article X of the Illinois Public Aid Code except
9 those pursuant to the Child Support Enforcement Program
10 established by Title IV-D of the Social Security Act required
11 to be paid from the Child Support Enforcement Trust Fund
12 under Section 39b59 of this Code, (2) for payment to local
13 governmental units of support payments collected by the
14 Department of Revenue pursuant to an agreement under Section
15 10-3.1 of the Illinois Public Aid Code, (3) for payment of
16 administrative expenses incurred in performing the activities
17 authorized by Article X of the Illinois Public Aid Code
18 except those pursuant to the Child Support Enforcement
19 Program established by Title IV-D of the Social Security Act
20 required to be paid from the Child Support Enforcement Trust
21 Fund under Section 39b59 of this Code, (4) for payment of
22 fees to persons or agencies in the performance of activities
23 pursuant to the collection of monies owed the State pursuant
24 to Article X of the Illinois Public Aid Code except those
25 monies pursuant to the Child Support Enforcement Program
26 established by Title IV-D of the Social Security Act required
27 to be paid from the Child Support Enforcement Trust Fund
28 under Section 39b59 of this Code, and (5) for payments of any
29 amounts which are reimbursable to the federal government
30 which are required to be paid by State warrant by either the
31 State or federal government. Disbursements from this Fund
32 shall be by warrants drawn by the State Comptroller as
33 receipt of vouchers duly executed and certified by the
34 Department of Revenue.
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1 The balance in this Fund on the first day of each
2 calendar quarter, after payment therefrom of any amounts
3 reimbursable to the federal government, and minus the amount
4 reasonably anticipated to be needed to make the disbursements
5 during that quarter authorized by this Section, shall be
6 certified by the Director of Revenue and transferred by the
7 State Comptroller to the General Revenue Fund in the State
8 Treasury within 30 days after the first day of each calendar
9 quarter.
10 (20 ILCS 2505/39b59 new)
11 Sec. 39b59. Child Support Enforcement Trust Fund. The
12 Child Support Enforcement Trust Fund, to be held by the State
13 Treasurer as ex-officio custodian outside the State Treasury,
14 pursuant to the Child Support Enforcement Program established
15 by Title IV-D of the Social Security Act, shall consist of
16 (1) all support payments received by the Department of
17 Revenue under Sections 10-8, 10-10, 10-16 and 10-19 of the
18 Illinois Public Aid Code that are required by those Sections
19 to be paid into the Child Support Enforcement Trust Fund, and
20 (2) all federal grants received by the Department of Revenue
21 funded by Title IV-D of the Social Security Act, except those
22 federal funds received under the Title IV-D program as
23 reimbursement for expenditures from the General Revenue Fund,
24 and (3) incentive payments received by the Department of
25 Revenue from other states or political subdivisions of other
26 states for the enforcement and collection by the Department
27 of an assigned child support obligation in behalf of such
28 other states or their political subdivisions pursuant to the
29 provisions of Title IV-D of the Social Security Act, and (4)
30 incentive payments retained by the Department of Revenue from
31 the amounts which otherwise would be paid to the federal
32 government to reimburse the federal government's share of the
33 support collection for the Department's enforcement and
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1 collection of an assigned support obligation on behalf of the
2 State of Illinois pursuant to the provisions of Title IV-D of
3 the Social Security Act, and (5) all fees charged by the
4 Department for child support enforcement services, as
5 authorized under Title IV-D of the Social Security Act and
6 Section 10-1 of the Illinois Public Aid Code, and any other
7 fees, costs, fines, recoveries, or penalties provided for by
8 State or federal law and received by the Department under the
9 Child Support Enforcement Program established by Title IV-D
10 of the Social Security Act.
11 Disbursements from this Fund shall be only for the
12 following purposes: (1) for the reimbursement of funds
13 received by the Department of Revenue through error or
14 mistake, and (2) for payments to non-recipients, current
15 recipients and former recipients of financial aid of support
16 payments received on their behalf under Article X of the
17 Illinois Public Aid Code, pursuant to the provisions of Title
18 IV-D of the Social Security Act, and (3) for payment of any
19 administrative expenses, including payment to the Health
20 Insurance Reserve Fund for group insurance costs at the rate
21 certified by the Department of Central Management Services,
22 except those required to be paid from the General Revenue
23 Fund, including personal and contractual services, incurred
24 in performing the Title IV-D activities authorized by Article
25 X of the Illinois Public Aid Code, and (4) for the
26 reimbursement of the Child Support Emergency Revolving Fund
27 for expenditures made from that Fund for payments to former
28 recipients of public aid for child support made to the
29 Department of Revenue when the former public aid recipient is
30 legally entitled to all or part of the child support
31 payments, pursuant to the provisions of Title IV-D of the
32 Social Security Act, and (5) for the payment of incentive
33 amounts owed to other states or political subdivisions of
34 other states that enforce and collect an assigned support
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1 obligation on behalf of the State of Illinois pursuant to the
2 provisions of Title IV-D of the Social Security Act, and (6)
3 for the payment of incentive amounts owed to political
4 subdivisions of the State of Illinois that enforce and
5 collect an assigned support obligation on behalf of the State
6 pursuant to the provisions of Title IV-D of the Social
7 Security Act, and (7) for payments of any amounts which are
8 reimbursable to the federal government which are required to
9 be paid by State warrant by either the State or federal
10 government. Disbursements from this Fund shall be by warrants
11 drawn by the State Comptroller on receipt of vouchers duly
12 executed and certified by the Department of Revenue or any
13 other State agency that receives an appropriation from the
14 Fund.
15 The balance in this Fund on the first day of each
16 calendar quarter, after payment therefrom of any amounts
17 reimbursable to the federal government, and minus the amount
18 reasonably anticipated to be needed to make disbursements
19 during the quarter authorized by this Section, shall be
20 certified by the Director of Revenue and transferred by the
21 State Comptroller to the General Revenue Fund in the State
22 Treasury within 30 days after the first day of each calendar
23 quarter.
24 The balance transferred to the General Revenue Fund for
25 any fiscal year shall be not less than ten percent of the
26 total support payments received, and retained pursuant to the
27 provisions of Title IV-D of the Social Security Act, on
28 behalf of persons receiving financial assistance under
29 Article IV of the Illinois Public Aid Code which were
30 required to be deposited to this Fund during that fiscal
31 year. The above described payments received and retained
32 shall include the State and federal share of such payments.
33 Section 15. The Illinois Public Aid Code is amended by
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1 adding Section 10-0.5 and changing Sections 10-1, 10-3.1,
2 10-8, 10-10, 10-11.1, 10-15, 10-16, 10-16.2, 10-17.9, 10-19,
3 12-4.31, 12-5, 12-8, 12-9, and 12-11 as follows:
4 (305 ILCS 5/10-0.5 new)
5 Sec. 10-0.5. Transfer to Department of Revenue. On the
6 effective date of this amendatory Act of 1997 all of the
7 rights, powers, and duties vested under this Article X are
8 transferred to the Illinois Department of Revenue and all
9 references in this Article X to the Illinois Department or
10 the Department shall be references to the Illinois Department
11 of Revenue.
12 (305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
13 Sec. 10-1. Declaration of Public Policy - Persons
14 Eligible for Child and Spouse Support Services - Fees for
15 Non-Applicants and Non-Recipients.) It is the intent of this
16 Code that the financial aid and social welfare services
17 herein provided supplement rather than supplant the primary
18 and continuing obligation of the family unit for self-support
19 to the fullest extent permitted by the resources available to
20 it. This primary and continuing obligation applies whether
21 the family unit of parents and children or of husband and
22 wife remains intact and resides in a common household or
23 whether the unit has been broken by absence of one or more
24 members of the unit. The obligation of the family unit is
25 particularly applicable when a member is in necessitous
26 circumstances and lacks the means of a livelihood compatible
27 with health and well-being.
28 It is the purpose of this Article to provide for locating
29 an absent parent or spouse, for determining his financial
30 circumstances, and for enforcing his legal obligation of
31 support, if he is able to furnish support, in whole or in
32 part. The Illinois Department of Public Aid shall give
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1 priority to establishing, enforcing and collecting the
2 current support obligation, and then to past due support owed
3 to the family unit, except with respect to collections
4 effected through the intercept programs provided for in this
5 Article.
6 The child and spouse support services provided hereunder
7 shall be furnished dependents of an absent parent or spouse
8 who are applicants for or recipients of financial aid under
9 this Code. It is not, however, a condition of eligibility
10 for financial aid that there be no responsible relatives who
11 are reasonably able to provide support. Nor, except as
12 provided in Sections 4-1.7 and 10-8, shall the existence of
13 such relatives or their payment of support contributions
14 disqualify a needy person for financial aid.
15 By accepting financial aid under this Code, a spouse or a
16 parent or other person having custody of a child shall be
17 deemed to have made assignment to the Illinois Department for
18 aid under Articles III, IV, V and VII or to a local
19 governmental unit for aid under Article VI of any and all
20 rights, title, and interest in any support obligation up to
21 the amount of financial aid provided. The rights to support
22 assigned to the Illinois Department of Public Aid or local
23 governmental unit shall constitute an obligation owed the
24 State or local governmental unit by the person who is
25 responsible for providing the support, and shall be
26 collectible under all applicable processes.
27 At the discretion of the Illinois Department of Public
28 Aid, the child and spouse support services established under
29 this Article may also be furnished in behalf of spouses and
30 dependent children who are not applicants for or recipients
31 of financial aid under this Code. The Department may limit
32 eligibility of these persons to designated income classes.
33 If non-applicants and non-recipients are included, the
34 Department may establish a schedule of reasonable fees, to be
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1 paid for the services provided and may deduct a collection
2 fee, not to exceed 10% of the amount collected, from such
3 collection. The Illinois Department of Public Aid shall cause
4 to be published and distributed publications reasonably
5 calculated to inform the public that individuals who are not
6 recipients of or applicants for public aid under this Code
7 are eligible for the child and spouse support services under
8 this Article X. Such publications shall set forth an
9 explanation, in plain language, that the child and spouse
10 support services program is independent of any public aid
11 program under the Code and that the receiving of child and
12 spouse support service in no way implies that the person
13 receiving such service is receiving public aid.
14 (Source: P.A. 85-597.)
15 (305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
16 Sec. 10-3.1. Child and Spouse Support Unit. The
17 Illinois Department shall establish within its administrative
18 staff a Child and Spouse Support Unit to search for and
19 locate absent parents and spouses liable for the support of
20 persons resident in this State and to exercise the support
21 enforcement powers and responsibilities assigned the
22 Department by this Article. The unit shall cooperate with
23 all law enforcement officials in this State and with the
24 authorities of other States in locating persons responsible
25 for the support of persons resident in other States and shall
26 invite the cooperation of these authorities in the
27 performance of its duties.
28 In addition to other duties assigned the Child and Spouse
29 Support Unit by this Article, the Unit may refer to the
30 Attorney General or units of local government with the
31 approval of the Attorney General, any actions under Sections
32 10-10 and 10-15 for judicial enforcement of the support
33 liability. The Child and Spouse Support Unit shall act for
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1 the Department in referring to the Attorney General support
2 matters requiring judicial enforcement under other laws. If
3 requested by the Attorney General to so act, as provided in
4 Section 12-16, attorneys of the Unit may assist the Attorney
5 General or themselves institute actions in behalf of the
6 Illinois Department under the Revised Uniform Reciprocal
7 Enforcement of Support Act; under the Illinois Parentage Act
8 of 1984; under the Non-Support of Spouse and Children Act; or
9 under any other law, State or Federal, providing for support
10 of a spouse or dependent child.
11 The Illinois Department shall also have the authority to
12 enter into agreements with local governmental units or
13 individuals, with the approval of the Attorney General, for
14 the collection of moneys owing because of the failure of a
15 parent to make child support payments for any child receiving
16 services under this Article. Such agreements may be on a
17 contingent fee basis, but such contingent fee shall not
18 exceed 25% of the total amount collected.
19 An attorney who provides representation pursuant to this
20 Section shall represent the Illinois Department exclusively.
21 Regardless of the designation of the plaintiff in an action
22 brought pursuant to this Section, an attorney-client
23 relationship does not exist for purposes of that action
24 between that attorney and (i) an applicant for or recipient
25 of child and spouse support services or (ii) any other party
26 to the action other than the Illinois Department. Nothing in
27 this Section shall be construed to modify any power or duty
28 (including a duty to maintain confidentiality) of the Child
29 and Spouse Support Unit or the Illinois Department otherwise
30 provided by law.
31 The Illinois Department may also enter into agreements
32 with local governmental units for the Child and Spouse
33 Support Unit to exercise the investigative and enforcement
34 powers designated in this Article, including the issuance of
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1 administrative orders under Section 10-11, in locating
2 responsible relatives and obtaining support for persons
3 applying for or receiving aid under Article VI. Payments for
4 defrayment of administrative costs and support payments
5 obtained shall be deposited into the Child Support Public
6 Assistance Recoveries Trust Fund. Support payments shall be
7 paid over to the General Assistance Fund of the local
8 governmental unit at such time or times as the agreement may
9 specify.
10 With respect to those cases in which it has support
11 enforcement powers and responsibilities under this Article,
12 the Illinois Department may provide by rule for periodic or
13 other review of each administrative and court order for
14 support to determine whether a modification of the order
15 should be sought. The Illinois Department shall provide for
16 and conduct such review in accordance with any applicable
17 federal law and regulation.
18 As part of its process for review of orders for support,
19 the Illinois Department, through written notice, may require
20 the responsible relative to disclose his or her Social
21 Security Number and past and present information concerning
22 the relative's address, employment, gross wages, deductions
23 from gross wages, net wages, bonuses, commissions, number of
24 dependent exemptions claimed, individual and dependent health
25 insurance coverage, and any other information necessary to
26 determine the relative's ability to provide support in a case
27 receiving child and spouse support services under this
28 Article X.
29 If the responsible relative fails to fully respond to the
30 notice for information within 15 days after the date the
31 relative receives the notice, the Illinois Department may
32 send a written request for the same information to the
33 relative's employer. The employer shall respond to the
34 request for information within 15 days after the date the
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1 employer receives the request. If the employer willfully
2 fails to fully respond within the 15-day period, the employer
3 shall pay a penalty of $100 for each day that the response is
4 not provided to the Illinois Department after the 15-day
5 period has expired. The penalty may be collected in a civil
6 action which may be brought against the employer in favor of
7 the Illinois Department.
8 A written request for information sent to an employer
9 pursuant to this Section shall consist of (i) a citation of
10 this Section as the statutory authority for the request and
11 for the employer's obligation to provide the requested
12 information, (ii) a returnable form setting forth the
13 employer's name and address and listing the name of the
14 employee with respect to whom information is requested, and
15 (iii) a citation of this Section as the statutory authority
16 authorizing the employer to withhold a fee of up to $20 from
17 the wages or income to be paid to each responsible relative
18 for providing the information to the Illinois Department
19 within the 15-day period. If the employer is withholding
20 support payments from the responsible relative's income
21 pursuant to an order for withholding, the employer may
22 withhold the fee provided for in this Section only after
23 withholding support as required under the order. Any amounts
24 withheld from the responsible relative's income for payment
25 of support and the fee provided for in this Section shall not
26 be in excess of the amounts permitted under the federal
27 Consumer Credit Protection Act.
28 In a case receiving child and spouse support services,
29 the Illinois Department may request and obtain information
30 from a particular employer under this Section no more than
31 once in any 12-month period, unless the information is
32 necessary to conduct a review of a court or administrative
33 order for support at the request of the person receiving
34 child and spouse support services.
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1 The Illinois Department shall establish and maintain an
2 administrative unit to receive and transmit to the Child and
3 Spouse Support Unit information supplied by persons applying
4 for or receiving child and spouse support services under
5 Section 10-1. In addition, the Illinois Department shall
6 address and respond to any alleged deficiencies that persons
7 receiving or applying for services from the Child and Spouse
8 Support Unit may identify concerning the Child and Spouse
9 Support Unit's provision of child and spouse support
10 services. Within 60 days after an action or failure to act by
11 the Child and Spouse Support Unit that affects his or her
12 case, a recipient of or applicant for child and spouse
13 support services under Article X of this Code may request an
14 explanation of the Unit's handling of the case. At the
15 requestor's option, the explanation may be provided either
16 orally in an interview, in writing, or both. If the Illinois
17 Department fails to respond to the request for an explanation
18 or fails to respond in a manner satisfactory to the applicant
19 or recipient within 30 days from the date of the request for
20 an explanation, the applicant or recipient may request a
21 conference for further review of the matter by the Office of
22 the Administrator of the Child and Spouse Support Unit. A
23 request for a conference may be submitted at any time within
24 60 days after the explanation has been provided by the Child
25 and Spouse Support Unit or within 60 days after the time for
26 providing the explanation has expired.
27 The applicant or recipient may request a conference
28 concerning any decision denying or terminating child or
29 spouse support services under Article X of this Code, and the
30 applicant or recipient may also request a conference
31 concerning the Unit's failure to provide services or the
32 provision of services in an amount or manner that is
33 considered inadequate. For purposes of this Section, the
34 Child and Spouse Support Unit includes all local governmental
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1 units or individuals with whom the Illinois Department has
2 contracted under Section 10-3.1.
3 Upon receipt of a timely request for a conference, the
4 Office of the Administrator shall review the case. The
5 applicant or recipient requesting the conference shall be
6 entitled, at his or her option, to appear in person or to
7 participate in the conference by telephone. The applicant or
8 recipient requesting the conference shall be entitled to be
9 represented and to be afforded a reasonable opportunity to
10 review the Illinois Department's file before or at the
11 conference. At the conference, the applicant or recipient
12 requesting the conference shall be afforded an opportunity to
13 present all relevant matters in support of his or her claim.
14 Conferences shall be without cost to the applicant or
15 recipient requesting the conference and shall be conducted by
16 a representative of the Child or Spouse Support Unit who did
17 not participate in the action or inaction being reviewed.
18 The Office of the Administrator shall conduct a
19 conference and inform all interested parties, in writing, of
20 the results of the conference within 60 days from the date of
21 filing of the request for a conference.
22 In addition to its other powers and responsibilities
23 established by this Article, the Child and Spouse Support
24 Unit shall conduct an annual assessment of each institution's
25 program for institution based paternity establishment under
26 Section 12 of the Vital Records Act.
27 (Source: P.A. 88-307; 88-687, eff. 1-24-95.)
28 (305 ILCS 5/10-8) (from Ch. 23, par. 10-8)
29 Sec. 10-8. Support Payments - Partial Support - Full
30 Support.) The notice to responsible relatives issued
31 pursuant to Section 10-7 shall direct payment (a) to the
32 Illinois Department in cases of applicants and recipients
33 under Articles III, IV, V and VII, (b) except as provided in
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1 Section 10-3.1, to the local governmental unit in the case of
2 applicants and recipients under Article VI, and (c) to the
3 Illinois Department in cases of non-applicants and
4 non-recipients given access to the child and spouse support
5 services of this Article, as provided by Section 10-1.
6 However, if the support payments by responsible relatives are
7 sufficient to meet needs of a recipient in full, including
8 current and anticipated medical needs, and the Illinois
9 Department or the local governmental unit, as the case may
10 be, has reasonable grounds to believe that such needs will
11 continue to be provided in full by the responsible relatives,
12 the relatives may be directed to make subsequent support
13 payments to the needy person or to some person or agency in
14 his behalf and the recipient shall be removed from the rolls.
15 In such instance the recipient also shall be notified by
16 registered or certified mail of the action taken. If a
17 recipient removed from the rolls requests the Illinois
18 Department to continue to collect the support payments in his
19 behalf, the Department, at its option, may do so and pay
20 amounts so collected to the person. The Department may
21 provide for deducting any costs incurred by it in making the
22 collection from the amount of any recovery made and pay only
23 the net amount to the person.
24 Payments under this Section to the Illinois Department
25 pursuant to the Child Support Enforcement Program established
26 by Title IV-D of the Social Security Act shall be paid into
27 the Child Support Enforcement Trust Fund. All other payments
28 under this Section to the Illinois Department shall be
29 deposited in the Child Support Public Assistance Recoveries
30 Trust Fund. Disbursements from these funds shall be as
31 provided in Sections 39b58 and 39b59 of the Civil
32 Administrative Code of Illinois 12-9 and 12-10.2 of this
33 Code. Payments received by a local governmental unit shall be
34 deposited in that unit's General Assistance Fund.
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1 (Source: P.A. 83-1126.)
2 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
3 Sec. 10-10. Court enforcement; applicability also to
4 persons who are not applicants or recipients. Except where
5 the Illinois Department, by agreement, acts for the local
6 governmental unit, as provided in Section 10-3.1, local
7 governmental units shall refer to the State's Attorney or to
8 the proper legal representative of the governmental unit, for
9 judicial enforcement as herein provided, instances of
10 non-support or insufficient support when the dependents are
11 applicants or recipients under Article VI. The Child and
12 Spouse Support Unit established by Section 10-3.1 may
13 institute in behalf of the Illinois Department any actions
14 under this Section for judicial enforcement of the support
15 liability when the dependents are (a) applicants or
16 recipients under Articles III, IV, V or VII (b) applicants or
17 recipients in a local governmental unit when the Illinois
18 Department, by agreement, acts for the unit; or (c)
19 non-applicants or non-recipients who are receiving support
20 enforcement services under this Article X, as provided in
21 Section 10-1. Where the Child and Spouse Support Unit has
22 exercised its option and discretion not to apply the
23 provisions of Sections 10-3 through 10-8, the failure by the
24 Unit to apply such provisions shall not be a bar to bringing
25 an action under this Section.
26 Action shall be brought in the circuit court to obtain
27 support, or for the recovery of aid granted during the period
28 such support was not provided, or both for the obtainment of
29 support and the recovery of the aid provided. Actions for
30 the recovery of aid may be taken separately or they may be
31 consolidated with actions to obtain support. Such actions
32 may be brought in the name of the person or persons requiring
33 support, or may be brought in the name of the Illinois
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1 Department or the local governmental unit, as the case
2 requires, in behalf of such persons.
3 The court may enter such orders for the payment of moneys
4 for the support of the person as may be just and equitable
5 and may direct payment thereof for such period or periods of
6 time as the circumstances require, including support for a
7 period before the date the order for support is entered. The
8 order may be entered against any or all of the defendant
9 responsible relatives and may be based upon the proportionate
10 ability of each to contribute to the person's support.
11 The Court shall determine the amount of child support
12 (including child support for a period before the date the
13 order for child support is entered) by using the guidelines
14 and standards set forth in subsection (a) of Section 505 and
15 in Section 505.2 of the Illinois Marriage and Dissolution of
16 Marriage Act. For purposes of determining the amount of child
17 support to be paid for a period before the date the order for
18 child support is entered, there is a rebuttable presumption
19 that the responsible relative's net income for that period
20 was the same as his or her net income at the time the order
21 is entered.
22 The Court shall determine the amount of maintenance using
23 the standards set forth in Section 504 of the Illinois
24 Marriage and Dissolution of Marriage Act.
25 Any new or existing support order entered by the court
26 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. Any such judgment is subject to
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1 modification or termination only in accordance with Section
2 510 of the Illinois Marriage and Dissolution of Marriage Act.
3 When an order is entered for the support of a minor, the
4 court may provide therein for reasonable visitation of the
5 minor by the person or persons who provided support pursuant
6 to the order. Whoever willfully refuses to comply with such
7 visitation order or willfully interferes with its enforcement
8 may be declared in contempt of court and punished therefor.
9 Except where the local governmental unit has entered into
10 an agreement with the Illinois Department for the Child and
11 Spouse Support Unit to act for it, as provided in Section
12 10-3.1, support orders entered by the court in cases
13 involving applicants or recipients under Article VI shall
14 provide that payments thereunder be made directly to the
15 local governmental unit. Orders for the support of all other
16 applicants or recipients shall provide that payments
17 thereunder be made directly to the Illinois Department. In
18 accordance with federal law and regulations, the Illinois
19 Department may continue to collect current maintenance
20 payments or child support payments, or both, after those
21 persons cease to receive public assistance and until
22 termination of services under Article X. The Illinois
23 Department shall pay the net amount collected to those
24 persons after deducting any costs incurred in making the
25 collection or any collection fee from the amount of any
26 recovery made. In both cases the order shall permit the
27 local governmental unit or the Illinois Department, as the
28 case may be, to direct the responsible relative or relatives
29 to make support payments directly to the needy person, or to
30 some person or agency in his behalf, upon removal of the
31 person from the public aid rolls or upon termination of
32 services under Article X.
33 If the notice of support due issued pursuant to Section
34 10-7 directs that support payments be made directly to the
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1 needy person, or to some person or agency in his behalf, and
2 the recipient is removed from the public aid rolls, court
3 action may be taken against the responsible relative
4 hereunder if he fails to furnish support in accordance with
5 the terms of such notice.
6 Actions may also be brought under this Section in behalf
7 of any person who is in need of support from responsible
8 relatives, as defined in Section 2-11 of Article II who is
9 not an applicant for or recipient of financial aid under this
10 Code. In such instances, the State's Attorney of the county
11 in which such person resides shall bring action against the
12 responsible relatives hereunder. If the Illinois Department,
13 as authorized by Section 10-1, extends the support services
14 provided by this Article to spouses and dependent children
15 who are not applicants or recipients under this Code, the
16 Child and Spouse Support Unit established by Section 10-3.1
17 shall bring action against the responsible relatives
18 hereunder and any support orders entered by the court in such
19 cases shall provide that payments thereunder be made directly
20 to the Illinois Department.
21 Whenever it is determined in a proceeding to establish or
22 enforce a child support or maintenance obligation that the
23 person owing a duty of support is unemployed, the court may
24 order the person to seek employment and report periodically
25 to the court with a diary, listing or other memorandum of his
26 or her efforts in accordance with such order. Additionally,
27 the court may order the unemployed person to report to the
28 Department of Employment Security for job search services or
29 to make application with the local Jobs Training Partnership
30 Act provider for participation in job search, training or
31 work programs and where the duty of support is owed to a
32 child receiving support services under this Article X, the
33 court may order the unemployed person to report to the
34 Illinois Department of Human Services for participation in
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1 job search, training or work programs established under
2 Section 9-6 of this Code.
3 A determination under this Section shall not be
4 administratively reviewable by the procedures specified in
5 Sections 10-12, and 10-13 to 10-13.10. Any determination
6 under these Sections, if made the basis of court action under
7 this Section, shall not affect the de novo judicial
8 determination required under this Section.
9 A one-time charge of 20% is imposable upon the amount of
10 past-due child support owed on July 1, 1988 which has accrued
11 under a support order entered by the court. The charge shall
12 be imposed in accordance with the provisions of Section 10-21
13 of this Code and shall be enforced by the court upon
14 petition.
15 An order for support entered or modified in a case in
16 which a party is receiving child and spouse support services
17 under this Article X shall include a provision requiring the
18 non-custodial parent to notify the Illinois Department,
19 within 7 days, of the name and address of any new employer of
20 the non-custodial parent, whether the non-custodial parent
21 has access to health insurance coverage through the employer
22 or other group coverage, and, if so, the policy name and
23 number and the names of persons covered under the policy.
24 An order for support shall include a date on which the
25 current support obligation terminates. The termination date
26 shall be no earlier than the date on which the child covered
27 by the order will attain the age of majority or is otherwise
28 emancipated. The order for support shall state that the
29 termination date does not apply to any arrearage that may
30 remain unpaid on that date. Nothing in this paragraph shall
31 be construed to prevent the court from modifying the order.
32 Upon notification in writing or by electronic
33 transmission from the Illinois Department to the clerk of the
34 court that a person who is receiving support payments under
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1 this Section is receiving services under the Child Support
2 Enforcement Program established by Title IV-D of the Social
3 Security Act, any support payments subsequently received by
4 the clerk of the court shall be transmitted in accordance
5 with the instructions of the Illinois Department until the
6 Illinois Department gives notice to the clerk of the court to
7 cease the transmittal. After providing the notification
8 authorized under this paragraph, the Illinois Department
9 shall be entitled as a party to notice of any further
10 proceedings in the case. The clerk of the court shall file a
11 copy of the Illinois Department's notification in the court
12 file. The clerk's failure to file a copy of the
13 notification in the court file shall not, however, affect the
14 Illinois Department's right to receive notice of further
15 proceedings.
16 Payments under this Section to the Illinois Department
17 pursuant to the Child Support Enforcement Program established
18 by Title IV-D of the Social Security Act shall be paid into
19 the Child Support Enforcement Trust Fund. All other payments
20 under this Section to the Illinois Department shall be
21 deposited in the Child Support Public Assistance Recoveries
22 Trust Fund. Disbursements from these funds shall be as
23 provided in Sections 39b58 and 39b59 of the Civil
24 Administrative Code of Illinois 12-9 and 12-10.2 of this
25 Code. Payments received by a local governmental unit shall be
26 deposited in that unit's General Assistance Fund.
27 (Source: P.A. 88-307; 88-687, eff. 1-24-95.)
28 (305 ILCS 5/10-11.1) (from Ch. 23, par. 10-11.1)
29 Sec. 10-11.1. Whenever it is determined in a proceeding
30 under Sections 10-6, 10-7, 10-11 or 10-17.1 that the
31 responsible relative is unemployed, and support is sought on
32 behalf of applicants for or recipients of financial aid under
33 Article IV of this Code or other persons who are given access
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1 to the child and spouse support services of this Article as
2 provided in Section 10-1, the administrative enforcement unit
3 may order the responsible relative to report to the Illinois
4 Department of Human Services for participation in job search,
5 training or work programs established under Section 9-6 of
6 this Code or to the Illinois Department of Employment
7 Security for job search services or to make application with
8 the local Jobs Training Partnership Act provider for
9 participation in job search, training or work programs.
10 (Source: P.A. 85-1155.)
11 (305 ILCS 5/10-15) (from Ch. 23, par. 10-15)
12 Sec. 10-15. Enforcement of Administrative Order - Costs
13 and Fees. If a responsible relative refuses, neglects, or
14 fails to comply with a final administrative support or
15 reimbursement order of the Illinois Department entered by the
16 Child and Spouse Support Unit pursuant to Sections 10-11 or
17 10-11.1 or registered pursuant to Section 10-17.1, the Child
18 and Spouse Support Unit may file suit against the responsible
19 relative or relatives to secure compliance with the
20 administrative order.
21 Suits shall be instituted in the name of the People of
22 the State of Illinois on the relation of the Department of
23 Revenue Human Services of the State of Illinois and the
24 spouse or dependent children for whom the support order has
25 been issued.
26 The court shall order the payment of the support
27 obligation, or orders for reimbursement of moneys for support
28 provided, directly to the Illinois Department but the order
29 shall permit the Illinois Department to direct the
30 responsible relative or relatives to make payments of support
31 directly to the spouse or dependent children, or to some
32 person or agency in his or their behalf, as provided in
33 Section 10-8 or 10-10, as applicable.
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1 Whenever it is determined in a proceeding to enforce an
2 administrative order that the responsible relative is
3 unemployed, and support is sought on behalf of applicants for
4 or recipients of financial aid under Article IV of this Code
5 or other persons who are given access to the child and spouse
6 support services of this Article as provided in Section 10-1,
7 the court may order the responsible relative to seek
8 employment and report periodically to the court with a diary,
9 listing or other memorandum of his or her efforts in
10 accordance with such order. In addition, the court may order
11 the unemployed responsible relative to report to the Illinois
12 Department of Human Services for participation in job search,
13 training or work programs established under Section 9-6 of
14 this Code or to the Illinois Department of Employment
15 Security for job search services or to make application with
16 the local Jobs Training Partnership Act provider for
17 participation in job search, training or work programs.
18 Charges imposed in accordance with the provisions of
19 Section 10-21 shall be enforced by the Court in a suit filed
20 under this Section.
21 (Source: P.A. 85-1440.)
22 (305 ILCS 5/10-16) (from Ch. 23, par. 10-16)
23 Sec. 10-16. Judicial enforcement of court and
24 administrative support orders.) Court orders entered in
25 proceedings under Section 10-10 and court orders for
26 enforcement of an administrative order under Section 10-15
27 and for the payment of money may be enforced by attachment as
28 for contempt against the persons of the defendants, and in
29 addition, as other judgments for the payment of money, and
30 costs may be adjudged against the defendants and apportioned
31 among them; but if the complaint is dismissed, costs shall be
32 borne by the Illinois Department or the local governmental
33 unit, as the case may be. If a responsible relative is
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1 directed by the Illinois Department, or the local
2 governmental unit, under the conditions stated in Section
3 10-8, to make support payments directly to the person, or to
4 some person or agency in his behalf, the court order entered
5 against him under this Section or Section 10-10 may be
6 enforced as herein provided if he thereafter fails to furnish
7 support in accordance with its terms. The State of Illinois
8 shall not be required to make a deposit for or pay any costs
9 or fees of any court or officer thereof in any proceeding
10 instituted under this Section.
11 The provisions of the Civil Practice Law, and all
12 amendments and modifications thereof, shall apply to and
13 govern all actions instituted under this Section and Section
14 10-10. In such actions proof that a person is an applicant
15 for or recipient of public aid under any Article of this Code
16 shall be prima facie proof that he is a person in necessitous
17 circumstances by reason of infirmity, unemployment or other
18 cause depriving him of the means of a livelihood compatible
19 with health and well-being.
20 Payments under this Section to the Illinois Department
21 pursuant to the Child Support Enforcement Program established
22 by Title IV-D of the Social Security Act shall be paid into
23 the Child Support Enforcement Trust Fund. All other payments
24 under this Section to the Illinois Department shall be
25 deposited in the Child Support Public Assistance Recoveries
26 Trust Fund. Disbursements from these funds shall be as
27 provided in Sections 39b58 and 39b59 of the Civil
28 Administrative Code of Illinois 12-9 and 12-10.2 of this
29 Code. Payments received by a local governmental unit shall be
30 deposited in that unit's General Assistance Fund.
31 (Source: P.A. 83-1126.)
32 (305 ILCS 5/10-16.2) (from Ch. 23, par. 10-16.2)
33 (Text of Section before amendment by P.A. 89-507)
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1 Sec. 10-16.2. Withholding of Income to Secure Payment of
2 Support.
3 (A) Definitions.
4 (1) "Order for support" means any order of the court
5 which provides for periodic payment of funds for the support
6 of a child or maintenance of a spouse, whether temporary or
7 final, and includes any such order which provides for:
8 (a) Modification or resumption of, or payment of
9 arrearage accrued under, a previously existing order;
10 (b) Reimbursement of support; or
11 (c) Enrollment in a health insurance plan that is
12 available to the obligor through an employer or labor
13 union or trade union.
14 (2) "Arrearage" means the total amount of unpaid support
15 obligations.
16 (3) "Delinquency" means any payment under an order for
17 support which becomes due and remains unpaid after an order
18 for withholding has been entered under subsection (B) or, for
19 purposes of subsection (K), after the last order for support
20 was entered for which no order for withholding was entered.
21 (4) "Income" means any form of periodic payment to an
22 individual, regardless of source, including, but not limited
23 to: wages, salary, commission, compensation as an independent
24 contractor, workers' compensation, disability, annuity and
25 retirement benefits, lottery prize awards, insurance
26 proceeds, vacation pay, bonuses, profit-sharing payments and
27 any other payments, made by any person, private entity,
28 federal or state government, any unit of local government,
29 school district or any entity created by Public Act; however,
30 "income" excludes:
31 (a) Any amounts required by law to be withheld,
32 other than creditor claims, including, but not limited
33 to, federal, State and local taxes, Social Security and
34 other retirement and disability contributions;
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1 (b) Union dues;
2 (c) Any amounts exempted by the federal Consumer
3 Credit Protection Act;
4 (d) Public assistance payments; and
5 (e) Unemployment insurance benefits except as
6 provided by law.
7 Any other State or local laws which limit or exempt
8 income or the amount or percentage of income that can be
9 withheld shall not apply.
10 (5) "Obligor" means the individual who owes a duty to
11 make payments under an order for support.
12 (6) "Obligee" means the individual to whom a duty of
13 support is owed or the individual's legal representative.
14 (7) "Payor" means any payor of income to an obligor.
15 (8) "Public office" means any elected official or any
16 State or local agency which is or may become responsible by
17 law for enforcement of, or which is or may become authorized
18 to enforce, an order for support, including, but not limited
19 to: the Attorney General, the Illinois Department of Revenue
20 Public Aid, the Illinois Department of Mental Health and
21 Developmental Disabilities, the Illinois Department of
22 Children and Family Services, and the various State's
23 Attorneys, Clerks of the Circuit Court and supervisors of
24 general assistance.
25 (9) "Premium" means the dollar amount for which the
26 obligor is liable to his employer or labor union or trade
27 union and which must be paid to enroll or maintain a child in
28 a health insurance plan that is available to the obligor
29 through an employer or labor union or trade union.
30 (B) Entry of an Order for Withholding.
31 (1) Upon entry of any order for support on or after
32 January 1, 1984, the court shall enter a separate order for
33 withholding which shall not take effect unless the obligor
34 becomes delinquent in paying the order for support or the
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1 obligor requests an earlier effective date; except that the
2 court may require the order for withholding to take effect
3 immediately.
4 On or after January 1, 1989, the court shall require the
5 order for withholding to take effect immediately, unless a
6 written agreement is reached between and signed by both
7 parties providing for an alternative arrangement, approved
8 and entered into the record by the court, which insures
9 payment of support. In that case, the court shall enter the
10 order for withholding which will not take effect unless the
11 obligor becomes delinquent in paying the order for support.
12 Upon entry of any order of support on or after September
13 11, 1989, if the obligor is not a United States citizen, the
14 obligor shall provide to the court the obligor's alien
15 registration number, passport number, and home country's
16 social security or national health number, if applicable; the
17 court shall make the information part of the record in the
18 case.
19 (2) An order for withholding shall be entered upon
20 petition by the obligee or public office where an order for
21 withholding has not been previously entered.
22 (3) The order for withholding shall:
23 (a) Direct any payor to withhold a dollar amount
24 equal to the order for support; and
25 (b) Direct any payor to withhold an additional
26 dollar amount, not less than 20% of the order for
27 support, until payment in full of any delinquency stated
28 in the notice of delinquency provided for in subsection
29 (C) or (F) of this Section; and
30 (c) Direct any payor or labor union or trade union
31 to enroll a child as a beneficiary of a health insurance
32 plan and withhold or cause to be withheld, if
33 applicable, any required premium; and
34 (d) State the rights, remedies and duties of the
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1 obligor under this Section; and
2 (e) Include the obligor's Social Security Number,
3 which the obligor shall disclose to the court; and
4 (f) Include the date that withholding for current
5 support terminates, which shall be the date of
6 termination of the current support obligation set forth
7 in the order for support.
8 (4) At the time the order for withholding is entered,
9 the Clerk of the Circuit Court shall provide a copy of the
10 order for withholding and the order for support to the
11 obligor and shall make copies available to the obligee and
12 public office. Any copy of the order for withholding
13 furnished to the parties under this subsection shall be
14 stamped "Not Valid".
15 (5) The order for withholding shall remain in effect for
16 as long as the order for support upon which it is based.
17 (6) The failure of an order for withholding to state an
18 arrearage is not conclusive of the issue of whether an
19 arrearage is owing.
20 (7) Notwithstanding the provisions of this subsection,
21 if the court finds at the time of any hearing that an
22 arrearage has accrued in an amount equal to at least one
23 month's support obligation or that the obligor is 30 days
24 late in paying all or part of the order for support, the
25 court shall order immediate service of the order for
26 withholding upon the payor.
27 (8) Where the court has not required that the order for
28 withholding take effect immediately, the obligee or public
29 office may prepare and serve a notice for immediate
30 withholding upon the obligor by ordinary mail addressed to
31 the obligor at his or her last known address. The notice
32 shall state that the following circumstances have occurred:
33 (a) The parties' written agreement providing an
34 alternative arrangement to immediate withholding under
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1 paragraph (1) of this subsection no longer provides for
2 timely payment of all support due; or
3 (b) The obligor has not made timely payments in
4 that the obligor has been at least 7 days late in paying
5 all or part of the order for support any of the last 6
6 consecutive dates payments were due prior to the date of
7 the notice for immediate withholding.
8 The notice for immediate withholding shall clearly state
9 that a specially certified copy of the order for withholding
10 will be sent to the payor, unless the obligor files a
11 petition contesting immediate withholding within 20 days
12 after service of the notice; however, the grounds for the
13 petition shall be limited to a dispute concerning whether the
14 circumstances stated in the notice have occurred or the
15 identity of the obligor. It shall not be grounds for the
16 petition that the obligor has made all payments due by the
17 date of the petition.
18 If the obligor files a petition contesting immediate
19 withholding within the 20-day period required under this
20 paragraph, the Clerk of the Circuit Court shall notify the
21 obligor and the obligee or public office, as appropriate, of
22 the time and place of the hearing on the petition. Upon
23 hearing the petition, the court shall enter an order granting
24 or denying relief. It shall not be grounds for granting the
25 obligor's petition that he or she has made all payments due
26 by the date of hearing. If the court denies the obligor's
27 petition, it shall order immediate service of the order for
28 withholding and direct the clerk to provide a specially
29 certified copy of the order for withholding to the obligee or
30 public office indicating that the requirements for immediate
31 withholding under this paragraph have been met.
32 If the obligor does not file a petition contesting
33 immediate withholding within the 20-day period, the obligee
34 or public office shall file with the Clerk of the Circuit
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1 Court an affidavit, with a copy of the notice for immediate
2 withholding attached thereto, stating that the notice was
3 duly served and the date on which service was effected, and
4 that the obligor has not filed a petition contesting
5 immediate withholding. The clerk shall then provide to the
6 obligee or public office a specially certified copy of the
7 order for withholding indicating that the requirements for
8 immediate withholding under this paragraph have been met.
9 Upon receipt of a specially certified copy of the order
10 for withholding, the obligee or public office may serve the
11 order on the payor, its superintendent, manager or other
12 agent, by certified mail or personal delivery. A proof of
13 service shall be filed with the Clerk of the Circuit Court.
14 (C) Notice of Delinquency.
15 (1) Whenever an obligor becomes delinquent in payment of
16 an amount equal to at least one month's support obligation
17 pursuant to the order for support or is at least 30 days late
18 in complying with all or part of the order for support,
19 whichever occurs first, the obligee or public office may
20 prepare and serve a verified notice of delinquency, together
21 with a form petition to stay service, pursuant to paragraph
22 (3) of this subsection.
23 (2) The notice of delinquency shall recite the terms of
24 the order for support and contain a computation of the period
25 and total amount of the delinquency, as of the date of the
26 notice. The notice shall clearly state that it will be sent
27 to the payor, together with a specially certified copy of the
28 order for withholding, except as provided in subsection (F),
29 unless the obligor files a petition to stay service in
30 accordance with paragraph (1) of subsection (D).
31 (3) The notice of delinquency shall be served by
32 ordinary mail addressed to the obligor at his or her last
33 known address.
34 (4) The obligor may execute a written waiver of the
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1 provisions of paragraphs (1) through (3) of this subsection
2 and request immediate service upon the payor.
3 (D) Procedures to Avoid Income Withholding.
4 (1) Except as provided in subsection (F), the obligor
5 may prevent an order for withholding from being served by
6 filing a petition to stay service with the Clerk of the
7 Circuit Court, within 20 days after service of the notice of
8 delinquency; however, the grounds for the petition to stay
9 service shall be limited to:
10 (a) A dispute concerning the amount of current
11 support or the existence or amount of the delinquency;
12 (b) The identity of the obligor.
13 The Clerk of the Circuit Court shall notify the obligor
14 and the obligee or public office, as appropriate, of the time
15 and place of the hearing on the petition to stay service. The
16 court shall hold such hearing pursuant to the provisions of
17 subsection (H).
18 (2) Except as provided in subsection (F), filing of a
19 petition to stay service, within the 20-day period required
20 under this subsection, shall prohibit the obligee or public
21 office from serving the order for withholding on any payor of
22 the obligor.
23 (E) Initial Service of Order for Withholding.
24 (1) Except as provided in subsection (F), in order to
25 serve an order for withholding upon a payor, an obligee or
26 public office shall follow the procedures set forth in this
27 subsection. After 20 days following service of the notice of
28 delinquency, the obligee or public office shall file with the
29 Clerk of the Circuit Court an affidavit, with the copy of the
30 notice of delinquency attached thereto, stating:
31 (a) that the notice of delinquency has been duly
32 served and the date on which service was effected; and
33 (b) that the obligor has not filed a petition to
34 stay service, or in the alternative
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1 (c) that the obligor has waived the provisions of
2 subparagraphs (a) and (b) of this paragraph (1) in
3 accordance with subsection (C)(4).
4 (2) Upon request of the obligee or public office, the
5 Clerk of the Circuit Court shall: (a) make available any
6 record of payment; and (b) determine that the file contains a
7 copy of the affidavit described in paragraph (1). The Clerk
8 shall then provide to the obligee or public office a
9 specially certified copy of the order for withholding and the
10 notice of delinquency indicating that the preconditions for
11 service have been met.
12 (3) The obligee or public office may then serve the
13 notice of delinquency and order for withholding on the payor,
14 its superintendent, manager or other agent, by certified mail
15 or personal delivery. A proof of service shall be filed with
16 the Clerk of the Circuit Court.
17 (F) Subsequent Service of Order for Withholding.
18 (1) Notwithstanding the provisions of this Section, at
19 any time after the court has ordered immediate service of an
20 order for withholding or after initial service of an order
21 for withholding pursuant to subsection (E), the obligee or
22 public office may serve the order for withholding upon any
23 payor of the obligor without further notice to the obligor.
24 The obligee or public office shall provide notice to the
25 payor, pursuant to paragraph (6) of subsection (I), of any
26 payments that have been made through previous withholding or
27 any other method.
28 (2) The Clerk of the Circuit Court shall, upon request,
29 provide the obligee or public office with specially certified
30 copies of the order for withholding or the notice of
31 delinquency or both whenever the Court has ordered immediate
32 service of an order for withholding or an affidavit has been
33 placed in the court file indicating that the preconditions
34 for service have been previously met or that the requirements
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1 for immediate withholding under paragraph (8) of subsection B
2 have been previously met. The obligee or public office may
3 then serve the order for withholding on the payor, its
4 superintendent, manager or other agent by certified mail or
5 personal delivery. A proof of service shall be filed with
6 the Clerk of the Circuit Court.
7 (3) If a delinquency has accrued for any reason, the
8 obligee or public office may serve a notice of delinquency
9 upon the obligor pursuant to subsection (C). The obligor may
10 prevent the notice of delinquency from being served upon the
11 payor by utilizing the procedures set forth in subsection
12 (D). If no petition to stay service has been filed within the
13 required 20 day time period, the obligee or public office may
14 serve the notice of delinquency on the payor by utilizing the
15 procedures for service set forth in subsection (E).
16 (G) Duties of Payor.
17 (1) It shall be the duty of any payor who has been
18 served with a copy of the specially certified order for
19 withholding and any notice of delinquency to deduct and pay
20 over income as provided in this subsection. The payor shall
21 deduct the amount designated in the order for withholding, as
22 supplemented by the notice of delinquency and any notice
23 provided pursuant to paragraph (6) of subsection (I),
24 beginning no later than the next payment of income which is
25 payable to the obligor that occurs 14 days following the date
26 the order and any notice were mailed by certified mail or
27 placed for personal delivery. The payor may combine all
28 amounts withheld for the benefit of an obligee or public
29 office into a single payment and transmit the payment with a
30 listing of obligors from whom withholding has been effected.
31 The payor shall pay the amount withheld to the obligee or
32 public office within 10 calendar days of the date income is
33 paid to the obligor in accordance with the order for
34 withholding and any subsequent notification received from the
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1 public office redirecting payments. If the payor knowingly
2 fails to pay any amount withheld to the obligee or public
3 office within 10 calendar days of the date income is paid to
4 the obligor, the payor shall pay a penalty of $100 for each
5 day that the withheld amount is not paid to the obligee or
6 public office after the period of 10 calendar days has
7 expired. The failure of a payor, on more than one occasion,
8 to pay amounts withheld to the obligee or public office
9 within 10 calendar days of the date income is not paid to the
10 obligor creates a presumption that the payor knowingly failed
11 to pay the amounts. This penalty may be collected in a civil
12 action which may be brought against the payor in favor of the
13 obligee. For purposes of this Section, a withheld amount
14 shall be considered paid by a payor on the date it is mailed
15 by the payor, or on the date an electronic funds transfer of
16 the amount has been initiated by the payor, or on the date
17 delivery of the amount has been initiated by the payor. For
18 each deduction, the payor shall provide the obligee or public
19 office, at the time of transmittal, with the date income was
20 paid from which support was withheld.
21 Upon receipt of an order requiring that a minor child be
22 named as a beneficiary of a health insurance plan available
23 through an employer or labor union or trade union, the
24 employer or labor union or trade union shall immediately
25 enroll the minor child as a beneficiary in the health
26 insurance plan designated by the court order. The employer
27 shall withhold any required premiums and pay over any amounts
28 so withheld and any additional amounts the employer pays to
29 the insurance carrier in a timely manner. The employer or
30 labor union or trade union shall mail to the obligee, within
31 15 days of enrollment or upon request, notice of the date of
32 coverage, information on the dependent coverage plan, and all
33 forms necessary to obtain reimbursement for covered health
34 expenses, such as would be made available to a new employee.
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1 When an order for dependent coverage is in effect and the
2 insurance coverage is terminated or changed for any reason,
3 the employer or labor union or trade union shall notify the
4 obligee within 10 days of the termination or change date
5 along with notice of conversion privileges.
6 For withholding of income, the payor shall be entitled to
7 receive a fee not to exceed $5 per month to be taken from the
8 income to be paid to the obligor.
9 (2) Whenever the obligor is no longer receiving income
10 from the payor, the payor shall return a copy of the order
11 for withholding to the obligee or public office and shall
12 provide information for the purpose of enforcing this
13 Section.
14 (3) Withholding of income under this Section shall be
15 made without regard to any prior or subsequent garnishments,
16 attachments, wage assignments, or any other claims of
17 creditors. Withholding of income under this Section shall
18 not be in excess of the maximum amounts permitted under the
19 federal Consumer Credit Protection Act. If the payor has been
20 served with more than one order for withholding pertaining to
21 the same obligor, the payor shall allocate income available
22 for withholding on a proportionate share basis, giving
23 priority to current support payments. If there is any income
24 available for withholding after withholding for all current
25 support obligations, the payor shall allocate the income to
26 past due support payments ordered in non-AFDC matters and
27 then to past due support payments ordered in AFDC matters,
28 both on a proportionate share basis. Payment as required by
29 the order for withholding shall be a complete defense by the
30 payor against any claims of the obligor or his creditors as
31 to the sum so paid.
32 (4) No payor shall discharge, discipline, refuse to hire
33 or otherwise penalize any obligor because of the duty to
34 withhold income.
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1 (H) Petitions to Stay Service or to Modify, Suspend or
2 Terminate Orders for Withholding.
3 (1) When an obligor files a petition to stay service,
4 the court, after due notice to all parties, shall hear the
5 matter as soon as practicable and shall enter an order
6 granting or denying relief, amending the notice of
7 delinquency, amending the order for withholding, where
8 applicable, or otherwise resolving the matter. If the court
9 finds that a delinquency existed when the notice of
10 delinquency was served upon the obligor, in an amount of at
11 least one month's support obligation, or that the obligor was
12 at least 30 days late in paying all or part of the order for
13 support, the court shall order immediate service of the order
14 for withholding. Where the court cannot promptly resolve any
15 dispute over the amount of the delinquency, the court may
16 order immediate service of the order for withholding as to
17 any undisputed amounts specified in an amended notice of
18 delinquency, and may continue the hearing on the disputed
19 amounts.
20 (2) At any time, an obligor, obligee, public office or
21 Clerk of the Circuit Court may petition the court to:
22 (a) Modify, suspend or terminate the order for
23 withholding because of a modification, suspension or
24 termination of the underlying order for support; or
25 (b) Modify the amount of income to be withheld to
26 reflect payment in full or in part of the delinquency or
27 arrearage by income withholding or otherwise; or
28 (c) Suspend the order for withholding because of
29 inability to deliver income withheld to the obligee due
30 to the obligee's failure to provide a mailing address or
31 other means of delivery.
32 (3) The obligor, obligee or public office shall serve on
33 the payor, by certified mail or personal delivery, a copy of
34 any order entered pursuant to this subsection that affects
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1 the duties of the payor.
2 (4) At any time, a public office or Clerk of the Circuit
3 Court may serve a notice on the payor to:
4 (a) cease withholding of income for payment of
5 current support for a child when the support obligation
6 for that child has automatically ceased under the order
7 for support through emancipation or otherwise; or
8 (b) cease withholding of income for payment of
9 delinquency or arrearage when the delinquency or
10 arrearage has been paid in full.
11 (5) The notice provided for under paragraph (4) of this
12 subsection shall be served on the payor by ordinary mail, and
13 a copy shall be provided to the obligor and the obligee. A
14 copy of the notice shall be filed with the Clerk of the
15 Circuit Court.
16 (6) The order for withholding shall continue to be
17 binding upon the payor until service of any order of the
18 court or notice entered or provided for under this
19 subsection.
20 (I) Additional Duties.
21 (1) An obligee who is receiving income withholding
22 payments under this Section shall notify the payor, if the
23 obligee receives the payments directly from the payor, or the
24 public office or the Clerk of the Circuit Court, as
25 appropriate, of any change of address within 7 days of such
26 change.
27 (2) An obligee who is a recipient of public aid shall
28 send a copy of any notice of delinquency filed pursuant to
29 subsection (C) to the Bureau of Child Support of the Illinois
30 Department of Revenue Public Aid.
31 (3) Each obligor shall notify the obligee and the Clerk
32 of the Circuit Court of any change of address within 7 days.
33 (4) An obligor whose income is being withheld or who has
34 been served with a notice of delinquency pursuant to this
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1 Section shall notify the obligee and the Clerk of the Circuit
2 Court of any new payor, within 7 days.
3 (5) When the Illinois Department of Revenue Public Aid
4 is no longer authorized to receive payments for the obligee,
5 it shall, within 7 days, notify the payor or, where
6 appropriate, the Clerk of the Circuit Court, to redirect
7 income withholding payments to the obligee.
8 (6) The obligee or public office shall provide notice to
9 the payor and Clerk of the Circuit Court of any other support
10 payment made, including but not limited to, a set-off under
11 federal and State law or partial payment of the delinquency
12 or arrearage, or both.
13 (7) Any public office and Clerk of the Circuit Court
14 which collects, disburses or receives payments pursuant to
15 orders for withholding shall maintain complete, accurate, and
16 clear records of all payments and their disbursements.
17 Certified copies of payment records maintained by a public
18 office or Clerk of the Circuit Court shall, without further
19 proof, be admitted into evidence in any legal proceedings
20 under this Section.
21 (8) The Illinois Department of Revenue Public Aid shall
22 design suggested legal forms for proceeding under this
23 Section and shall make available to the courts such forms and
24 informational materials which describe the procedures and
25 remedies set forth herein for distribution to all parties in
26 support actions.
27 (9) At the time of transmitting each support payment,
28 the clerk of the circuit court shall provide the obligee or
29 public office, as appropriate, with any information furnished
30 by the payor as to the date income was paid from which such
31 support was withheld.
32 (J) Penalties.
33 (1) Where a payor wilfully fails to withhold or pay over
34 income pursuant to a properly served, specially certified
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1 order for withholding and any notice of delinquency, or
2 wilfully discharges, disciplines, refuses to hire or
3 otherwise penalizes an obligor as prohibited by subsection
4 (G), or otherwise fails to comply with any duties imposed by
5 this Section, the obligee, public office or obligor, as
6 appropriate, may file a complaint with the court against the
7 payor. The clerk of the circuit court shall notify the
8 obligee or public office, as appropriate, and the obligor and
9 payor of the time and place of the hearing on the complaint.
10 The court shall resolve any factual dispute including, but
11 not limited to, a denial that the payor is paying or has paid
12 income to the obligor. Upon a finding in favor of the
13 complaining party, the court:
14 (a) Shall enter judgment and direct the enforcement
15 thereof for the total amount that the payor wilfully
16 failed to withhold or pay over; and
17 (b) May order employment or reinstatement of or
18 restitution to the obligor, or both, where the obligor
19 has been discharged, disciplined, denied employment or
20 otherwise penalized by the payor and may impose a fine
21 upon the payor not to exceed $200.
22 (2) Any obligee, public office or obligor who wilfully
23 initiates a false proceeding under this Section or who
24 wilfully fails to comply with the requirements of this
25 Section shall be punished as in cases of contempt of court.
26 (K) Alternative Procedures for Entry and Service of an Order
27 for Withholding.
28 (1) Effective January 1, 1987, in any matter in which an
29 order for withholding has not been entered for any reason,
30 based upon the last order for support that has been entered,
31 and in which the obligor has become delinquent in payment of
32 an amount equal to at least one month's support obligation
33 pursuant to the last order for support or is at least 30 days
34 late in complying with all or part of the order for support,
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1 the obligee or public office may prepare and serve an order
2 for withholding pursuant to the procedures set forth in this
3 subsection.
4 (2) The obligee or public office shall:
5 (a) Prepare a proposed order for withholding for
6 immediate service as provided by paragraphs (1) and (3)
7 of subsection (B), except that the minimum 20%
8 delinquency payment shall be used;
9 (b) Prepare a notice of delinquency as provided by
10 paragraphs (1) and (2) of subsection (C), except the
11 notice shall state further that the order for withholding
12 has not been entered by the court and the conditions
13 under which the order will be entered; and
14 (c) Serve the notice of delinquency and form
15 petition to stay service as provided by paragraph (3) of
16 subsection (C), together with the proposed order for
17 withholding, which shall be marked "COPY ONLY".
18 (3) After 20 days following service of the notice of
19 delinquency and proposed order for withholding, in lieu of
20 the provisions of subsection (E), the obligee or public
21 office shall file with the Clerk of the Circuit Court an
22 affidavit, with a copy of the notice of delinquency and
23 proposed order for withholding attached thereto, stating
24 that:
25 (a) The notice of delinquency and proposed order
26 for withholding have been served upon the obligor and the
27 date on which service was effected;
28 (b) The obligor has not filed a petition to stay
29 service within 20 days of service of such notice and
30 order; and
31 (c) The proposed order for withholding accurately
32 states the terms and amounts contained in the last order
33 for support.
34 (4) Upon the court's satisfaction that the procedures
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1 set forth in this subsection have been met, it shall enter
2 the order for withholding.
3 (5) The Clerk shall then provide to the obligee or
4 public office a specially certified copy of the order for
5 withholding and the notice of delinquency indicating that the
6 preconditions for service have been met.
7 (6) The obligee or public office shall serve the
8 specially certified copies of the order for withholding and
9 the notice of delinquency on the payor, its superintendent,
10 manager or other agent by certified mail or personal
11 delivery. A proof of service shall be filed with the Clerk
12 of the Circuit Court.
13 (7) If the obligor requests in writing that income
14 withholding become effective prior to becoming delinquent in
15 payment of an amount equal to one month's support obligation
16 pursuant to the last order for support, or prior to becoming
17 30 days late in paying all or part of the order for support,
18 the obligee or public office shall file an affidavit with the
19 Clerk of the circuit Court, with a proposed order for
20 withholding attached, stating that the proposed order
21 accurately states the terms and amounts contained in the last
22 order for support and the obligor's request for immediate
23 service. The provisions of paragraphs (4) through (6) of
24 this subsection shall apply, except that a notice of
25 delinquency shall not be required.
26 (8) All other provisions of this Section shall be
27 applicable with respect to the provisions of this subsection
28 (K), except that under paragraph (1) of subsection (H), the
29 court may also amend the proposed order for withholding to
30 conform to the last order for support.
31 (9) Nothing in this subsection shall be construed as
32 limiting the requirements of paragraph (1) of subsection (B)
33 with respect to the entry of a separate order for withholding
34 upon entry of any order for support.
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1 (L) 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.
9 (Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
10 88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
11 (Text of Section after amendment by P.A. 89-507)
12 Sec. 10-16.2. Withholding of Income to Secure Payment of
13 Support.
14 (A) Definitions.
15 (1) "Order for support" means any order of the court
16 which provides for periodic payment of funds for the support
17 of a child or maintenance of a spouse, whether temporary or
18 final, and includes any such order which provides for:
19 (a) Modification or resumption of, or payment of
20 arrearage accrued under, a previously existing order;
21 (b) Reimbursement of support; or
22 (c) Enrollment in a health insurance plan that is
23 available to the obligor through an employer or labor
24 union or trade union.
25 (2) "Arrearage" means the total amount of unpaid support
26 obligations.
27 (3) "Delinquency" means any payment under an order for
28 support which becomes due and remains unpaid after an order
29 for withholding has been entered under subsection (B) or, for
30 purposes of subsection (K), after the last order for support
31 was entered for which no order for withholding was entered.
32 (4) "Income" means any form of periodic payment to an
33 individual, regardless of source, including, but not limited
34 to: wages, salary, commission, compensation as an independent
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1 contractor, workers' compensation, disability, annuity and
2 retirement benefits, lottery prize awards, insurance
3 proceeds, vacation pay, bonuses, profit-sharing payments and
4 any other payments, made by any person, private entity,
5 federal or state government, any unit of local government,
6 school district or any entity created by Public Act; however,
7 "income" excludes:
8 (a) Any amounts required by law to be withheld,
9 other than creditor claims, including, but not limited
10 to, federal, State and local taxes, Social Security and
11 other retirement and disability contributions;
12 (b) Union dues;
13 (c) Any amounts exempted by the federal Consumer
14 Credit Protection Act;
15 (d) Public assistance payments; and
16 (e) Unemployment insurance benefits except as
17 provided by law.
18 Any other State or local laws which limit or exempt
19 income or the amount or percentage of income that can be
20 withheld shall not apply.
21 (5) "Obligor" means the individual who owes a duty to
22 make payments under an order for support.
23 (6) "Obligee" means the individual to whom a duty of
24 support is owed or the individual's legal representative.
25 (7) "Payor" means any payor of income to an obligor.
26 (8) "Public office" means any elected official or any
27 State or local agency which is or may become responsible by
28 law for enforcement of, or which is or may become authorized
29 to enforce, an order for support, including, but not limited
30 to: the Attorney General, the Illinois Department of Revenue
31 Public Aid, the Illinois Department of Human Services (as
32 successor to the Department of Mental Health and
33 Developmental Disabilities), the Illinois Department of
34 Children and Family Services, and the various State's
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1 Attorneys, Clerks of the Circuit Court and supervisors of
2 general assistance.
3 (9) "Premium" means the dollar amount for which the
4 obligor is liable to his employer or labor union or trade
5 union and which must be paid to enroll or maintain a child in
6 a health insurance plan that is available to the obligor
7 through an employer or labor union or trade union.
8 (B) Entry of an Order for Withholding.
9 (1) Upon entry of any order for support on or after
10 January 1, 1984, the court shall enter a separate order for
11 withholding which shall not take effect unless the obligor
12 becomes delinquent in paying the order for support or the
13 obligor requests an earlier effective date; except that the
14 court may require the order for withholding to take effect
15 immediately.
16 On or after January 1, 1989, the court shall require the
17 order for withholding to take effect immediately, unless a
18 written agreement is reached between and signed by both
19 parties providing for an alternative arrangement, approved
20 and entered into the record by the court, which insures
21 payment of support. In that case, the court shall enter the
22 order for withholding which will not take effect unless the
23 obligor becomes delinquent in paying the order for support.
24 Upon entry of any order of support on or after September
25 11, 1989, if the obligor is not a United States citizen, the
26 obligor shall provide to the court the obligor's alien
27 registration number, passport number, and home country's
28 social security or national health number, if applicable; the
29 court shall make the information part of the record in the
30 case.
31 (2) An order for withholding shall be entered upon
32 petition by the obligee or public office where an order for
33 withholding has not been previously entered.
34 (3) The order for withholding shall:
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1 (a) Direct any payor to withhold a dollar amount
2 equal to the order for support; and
3 (b) Direct any payor to withhold an additional
4 dollar amount, not less than 20% of the order for
5 support, until payment in full of any delinquency stated
6 in the notice of delinquency provided for in subsection
7 (C) or (F) of this Section; and
8 (c) Direct any payor or labor union or trade union
9 to enroll a child as a beneficiary of a health insurance
10 plan and withhold or cause to be withheld, if
11 applicable, any required premium; and
12 (d) State the rights, remedies and duties of the
13 obligor under this Section; and
14 (e) Include the obligor's Social Security Number,
15 which the obligor shall disclose to the court; and
16 (f) Include the date that withholding for current
17 support terminates, which shall be the date of
18 termination of the current support obligation set forth
19 in the order for support.
20 (4) At the time the order for withholding is entered,
21 the Clerk of the Circuit Court shall provide a copy of the
22 order for withholding and the order for support to the
23 obligor and shall make copies available to the obligee and
24 public office. Any copy of the order for withholding
25 furnished to the parties under this subsection shall be
26 stamped "Not Valid".
27 (5) The order for withholding shall remain in effect for
28 as long as the order for support upon which it is based.
29 (6) The failure of an order for withholding to state an
30 arrearage is not conclusive of the issue of whether an
31 arrearage is owing.
32 (7) Notwithstanding the provisions of this subsection,
33 if the court finds at the time of any hearing that an
34 arrearage has accrued in an amount equal to at least one
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1 month's support obligation or that the obligor is 30 days
2 late in paying all or part of the order for support, the
3 court shall order immediate service of the order for
4 withholding upon the payor.
5 (8) Where the court has not required that the order for
6 withholding take effect immediately, the obligee or public
7 office may prepare and serve a notice for immediate
8 withholding upon the obligor by ordinary mail addressed to
9 the obligor at his or her last known address. The notice
10 shall state that the following circumstances have occurred:
11 (a) The parties' written agreement providing an
12 alternative arrangement to immediate withholding under
13 paragraph (1) of this subsection no longer provides for
14 timely payment of all support due; or
15 (b) The obligor has not made timely payments in
16 that the obligor has been at least 7 days late in paying
17 all or part of the order for support any of the last 6
18 consecutive dates payments were due prior to the date of
19 the notice for immediate withholding.
20 The notice for immediate withholding shall clearly state
21 that a specially certified copy of the order for withholding
22 will be sent to the payor, unless the obligor files a
23 petition contesting immediate withholding within 20 days
24 after service of the notice; however, the grounds for the
25 petition shall be limited to a dispute concerning whether the
26 circumstances stated in the notice have occurred or the
27 identity of the obligor. It shall not be grounds for the
28 petition that the obligor has made all payments due by the
29 date of the petition.
30 If the obligor files a petition contesting immediate
31 withholding within the 20-day period required under this
32 paragraph, the Clerk of the Circuit Court shall notify the
33 obligor and the obligee or public office, as appropriate, of
34 the time and place of the hearing on the petition. Upon
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1 hearing the petition, the court shall enter an order granting
2 or denying relief. It shall not be grounds for granting the
3 obligor's petition that he or she has made all payments due
4 by the date of hearing. If the court denies the obligor's
5 petition, it shall order immediate service of the order for
6 withholding and direct the clerk to provide a specially
7 certified copy of the order for withholding to the obligee or
8 public office indicating that the requirements for immediate
9 withholding under this paragraph have been met.
10 If the obligor does not file a petition contesting
11 immediate withholding within the 20-day period, the obligee
12 or public office shall file with the Clerk of the Circuit
13 Court an affidavit, with a copy of the notice for immediate
14 withholding attached thereto, stating that the notice was
15 duly served and the date on which service was effected, and
16 that the obligor has not filed a petition contesting
17 immediate withholding. The clerk shall then provide to the
18 obligee or public office a specially certified copy of the
19 order for withholding indicating that the requirements for
20 immediate withholding under this paragraph have been met.
21 Upon receipt of a specially certified copy of the order
22 for withholding, the obligee or public office may serve the
23 order on the payor, its superintendent, manager or other
24 agent, by certified mail or personal delivery. A proof of
25 service shall be filed with the Clerk of the Circuit Court.
26 (C) Notice of Delinquency.
27 (1) Whenever an obligor becomes delinquent in payment of
28 an amount equal to at least one month's support obligation
29 pursuant to the order for support or is at least 30 days late
30 in complying with all or part of the order for support,
31 whichever occurs first, the obligee or public office may
32 prepare and serve a verified notice of delinquency, together
33 with a form petition to stay service, pursuant to paragraph
34 (3) of this subsection.
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1 (2) The notice of delinquency shall recite the terms of
2 the order for support and contain a computation of the period
3 and total amount of the delinquency, as of the date of the
4 notice. The notice shall clearly state that it will be sent
5 to the payor, together with a specially certified copy of the
6 order for withholding, except as provided in subsection (F),
7 unless the obligor files a petition to stay service in
8 accordance with paragraph (1) of subsection (D).
9 (3) The notice of delinquency shall be served by
10 ordinary mail addressed to the obligor at his or her last
11 known address.
12 (4) The obligor may execute a written waiver of the
13 provisions of paragraphs (1) through (3) of this subsection
14 and request immediate service upon the payor.
15 (D) Procedures to Avoid Income Withholding.
16 (1) Except as provided in subsection (F), the obligor
17 may prevent an order for withholding from being served by
18 filing a petition to stay service with the Clerk of the
19 Circuit Court, within 20 days after service of the notice of
20 delinquency; however, the grounds for the petition to stay
21 service shall be limited to:
22 (a) A dispute concerning the amount of current
23 support or the existence or amount of the delinquency;
24 (b) The identity of the obligor.
25 The Clerk of the Circuit Court shall notify the obligor
26 and the obligee or public office, as appropriate, of the time
27 and place of the hearing on the petition to stay service. The
28 court shall hold such hearing pursuant to the provisions of
29 subsection (H).
30 (2) Except as provided in subsection (F), filing of a
31 petition to stay service, within the 20-day period required
32 under this subsection, shall prohibit the obligee or public
33 office from serving the order for withholding on any payor of
34 the obligor.
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1 (E) Initial Service of Order for Withholding.
2 (1) Except as provided in subsection (F), in order to
3 serve an order for withholding upon a payor, an obligee or
4 public office shall follow the procedures set forth in this
5 subsection. After 20 days following service of the notice of
6 delinquency, the obligee or public office shall file with the
7 Clerk of the Circuit Court an affidavit, with the copy of the
8 notice of delinquency attached thereto, stating:
9 (a) that the notice of delinquency has been duly
10 served and the date on which service was effected; and
11 (b) that the obligor has not filed a petition to
12 stay service, or in the alternative
13 (c) that the obligor has waived the provisions of
14 subparagraphs (a) and (b) of this paragraph (1) in
15 accordance with subsection (C)(4).
16 (2) Upon request of the obligee or public office, the
17 Clerk of the Circuit Court shall: (a) make available any
18 record of payment; and (b) determine that the file contains a
19 copy of the affidavit described in paragraph (1). The Clerk
20 shall then provide to the obligee or public office a
21 specially certified copy of the order for withholding and the
22 notice of delinquency indicating that the preconditions for
23 service have been met.
24 (3) The obligee or public office may then serve the
25 notice of delinquency and order for withholding on the payor,
26 its superintendent, manager or other agent, by certified mail
27 or personal delivery. A proof of service shall be filed with
28 the Clerk of the Circuit Court.
29 (F) Subsequent Service of Order for Withholding.
30 (1) Notwithstanding the provisions of this Section, at
31 any time after the court has ordered immediate service of an
32 order for withholding or after initial service of an order
33 for withholding pursuant to subsection (E), the obligee or
34 public office may serve the order for withholding upon any
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1 payor of the obligor without further notice to the obligor.
2 The obligee or public office shall provide notice to the
3 payor, pursuant to paragraph (6) of subsection (I), of any
4 payments that have been made through previous withholding or
5 any other method.
6 (2) The Clerk of the Circuit Court shall, upon request,
7 provide the obligee or public office with specially certified
8 copies of the order for withholding or the notice of
9 delinquency or both whenever the Court has ordered immediate
10 service of an order for withholding or an affidavit has been
11 placed in the court file indicating that the preconditions
12 for service have been previously met or that the requirements
13 for immediate withholding under paragraph (8) of subsection B
14 have been previously met. The obligee or public office may
15 then serve the order for withholding on the payor, its
16 superintendent, manager or other agent by certified mail or
17 personal delivery. A proof of service shall be filed with
18 the Clerk of the Circuit Court.
19 (3) If a delinquency has accrued for any reason, the
20 obligee or public office may serve a notice of delinquency
21 upon the obligor pursuant to subsection (C). The obligor may
22 prevent the notice of delinquency from being served upon the
23 payor by utilizing the procedures set forth in subsection
24 (D). If no petition to stay service has been filed within the
25 required 20 day time period, the obligee or public office may
26 serve the notice of delinquency on the payor by utilizing the
27 procedures for service set forth in subsection (E).
28 (G) Duties of Payor.
29 (1) It shall be the duty of any payor who has been
30 served with a copy of the specially certified order for
31 withholding and any notice of delinquency to deduct and pay
32 over income as provided in this subsection. The payor shall
33 deduct the amount designated in the order for withholding, as
34 supplemented by the notice of delinquency and any notice
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1 provided pursuant to paragraph (6) of subsection (I),
2 beginning no later than the next payment of income which is
3 payable to the obligor that occurs 14 days following the date
4 the order and any notice were mailed by certified mail or
5 placed for personal delivery. The payor may combine all
6 amounts withheld for the benefit of an obligee or public
7 office into a single payment and transmit the payment with a
8 listing of obligors from whom withholding has been effected.
9 The payor shall pay the amount withheld to the obligee or
10 public office within 10 calendar days of the date income is
11 paid to the obligor in accordance with the order for
12 withholding and any subsequent notification received from the
13 public office redirecting payments. If the payor knowingly
14 fails to pay any amount withheld to the obligee or public
15 office within 10 calendar days of the date income is paid to
16 the obligor, the payor shall pay a penalty of $100 for each
17 day that the withheld amount is not paid to the obligee or
18 public office after the period of 10 calendar days has
19 expired. The failure of a payor, on more than one occasion,
20 to pay amounts withheld to the obligee or public office
21 within 10 calendar days of the date income is not paid to the
22 obligor creates a presumption that the payor knowingly failed
23 to pay the amounts. This penalty may be collected in a civil
24 action which may be brought against the payor in favor of the
25 obligee. For purposes of this Section, a withheld amount
26 shall be considered paid by a payor on the date it is mailed
27 by the payor, or on the date an electronic funds transfer of
28 the amount has been initiated by the payor, or on the date
29 delivery of the amount has been initiated by the payor. For
30 each deduction, the payor shall provide the obligee or public
31 office, at the time of transmittal, with the date income was
32 paid from which support was withheld.
33 Upon receipt of an order requiring that a minor child be
34 named as a beneficiary of a health insurance plan available
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1 through an employer or labor union or trade union, the
2 employer or labor union or trade union shall immediately
3 enroll the minor child as a beneficiary in the health
4 insurance plan designated by the court order. The employer
5 shall withhold any required premiums and pay over any amounts
6 so withheld and any additional amounts the employer pays to
7 the insurance carrier in a timely manner. The employer or
8 labor union or trade union shall mail to the obligee, within
9 15 days of enrollment or upon request, notice of the date of
10 coverage, information on the dependent coverage plan, and all
11 forms necessary to obtain reimbursement for covered health
12 expenses, such as would be made available to a new employee.
13 When an order for dependent coverage is in effect and the
14 insurance coverage is terminated or changed for any reason,
15 the employer or labor union or trade union shall notify the
16 obligee within 10 days of the termination or change date
17 along with notice of conversion privileges.
18 For withholding of income, the payor shall be entitled to
19 receive a fee not to exceed $5 per month to be taken from the
20 income to be paid to the obligor.
21 (2) Whenever the obligor is no longer receiving income
22 from the payor, the payor shall return a copy of the order
23 for withholding to the obligee or public office and shall
24 provide information for the purpose of enforcing this
25 Section.
26 (3) Withholding of income under this Section shall be
27 made without regard to any prior or subsequent garnishments,
28 attachments, wage assignments, or any other claims of
29 creditors. Withholding of income under this Section shall
30 not be in excess of the maximum amounts permitted under the
31 federal Consumer Credit Protection Act. If the payor has been
32 served with more than one order for withholding pertaining to
33 the same obligor, the payor shall allocate income available
34 for withholding on a proportionate share basis, giving
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1 priority to current support payments. If there is any income
2 available for withholding after withholding for all current
3 support obligations, the payor shall allocate the income to
4 past due support payments ordered in non-AFDC matters and
5 then to past due support payments ordered in AFDC matters,
6 both on a proportionate share basis. Payment as required by
7 the order for withholding shall be a complete defense by the
8 payor against any claims of the obligor or his creditors as
9 to the sum so paid.
10 (4) No payor shall discharge, discipline, refuse to hire
11 or otherwise penalize any obligor because of the duty to
12 withhold income.
13 (H) Petitions to Stay Service or to Modify, Suspend or
14 Terminate Orders for Withholding.
15 (1) When an obligor files a petition to stay service,
16 the court, after due notice to all parties, shall hear the
17 matter as soon as practicable and shall enter an order
18 granting or denying relief, amending the notice of
19 delinquency, amending the order for withholding, where
20 applicable, or otherwise resolving the matter. If the court
21 finds that a delinquency existed when the notice of
22 delinquency was served upon the obligor, in an amount of at
23 least one month's support obligation, or that the obligor was
24 at least 30 days late in paying all or part of the order for
25 support, the court shall order immediate service of the order
26 for withholding. Where the court cannot promptly resolve any
27 dispute over the amount of the delinquency, the court may
28 order immediate service of the order for withholding as to
29 any undisputed amounts specified in an amended notice of
30 delinquency, and may continue the hearing on the disputed
31 amounts.
32 (2) At any time, an obligor, obligee, public office or
33 Clerk of the Circuit Court may petition the court to:
34 (a) Modify, suspend or terminate the order for
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1 withholding because of a modification, suspension or
2 termination of the underlying order for support; or
3 (b) Modify the amount of income to be withheld to
4 reflect payment in full or in part of the delinquency or
5 arrearage by income withholding or otherwise; or
6 (c) Suspend the order for withholding because of
7 inability to deliver income withheld to the obligee due
8 to the obligee's failure to provide a mailing address or
9 other means of delivery.
10 (3) The obligor, obligee or public office shall serve on
11 the payor, by certified mail or personal delivery, a copy of
12 any order entered pursuant to this subsection that affects
13 the duties of the payor.
14 (4) At any time, a public office or Clerk of the Circuit
15 Court may serve a notice on the payor to:
16 (a) cease withholding of income for payment of
17 current support for a child when the support obligation
18 for that child has automatically ceased under the order
19 for support through emancipation or otherwise; or
20 (b) cease withholding of income for payment of
21 delinquency or arrearage when the delinquency or
22 arrearage has been paid in full.
23 (5) The notice provided for under paragraph (4) of this
24 subsection shall be served on the payor by ordinary mail, and
25 a copy shall be provided to the obligor and the obligee. A
26 copy of the notice shall be filed with the Clerk of the
27 Circuit Court.
28 (6) The order for withholding shall continue to be
29 binding upon the payor until service of any order of the
30 court or notice entered or provided for under this
31 subsection.
32 (I) Additional Duties.
33 (1) An obligee who is receiving income withholding
34 payments under this Section shall notify the payor, if the
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1 obligee receives the payments directly from the payor, or the
2 public office or the Clerk of the Circuit Court, as
3 appropriate, of any change of address within 7 days of such
4 change.
5 (2) An obligee who is a recipient of public aid shall
6 send a copy of any notice of delinquency filed pursuant to
7 subsection (C) to the Bureau of Child Support of the Illinois
8 Department of Revenue Public Aid.
9 (3) Each obligor shall notify the obligee and the Clerk
10 of the Circuit Court of any change of address within 7 days.
11 (4) An obligor whose income is being withheld or who has
12 been served with a notice of delinquency pursuant to this
13 Section shall notify the obligee and the Clerk of the Circuit
14 Court of any new payor, within 7 days.
15 (5) When the Illinois Department of Revenue Public Aid
16 is no longer authorized to receive payments for the obligee,
17 it shall, within 7 days, notify the payor or, where
18 appropriate, the Clerk of the Circuit Court, to redirect
19 income withholding payments to the obligee.
20 (6) The obligee or public office shall provide notice to
21 the payor and Clerk of the Circuit Court of any other support
22 payment made, including but not limited to, a set-off under
23 federal and State law or partial payment of the delinquency
24 or arrearage, or both.
25 (7) Any public office and Clerk of the Circuit Court
26 which collects, disburses or receives payments pursuant to
27 orders for withholding shall maintain complete, accurate, and
28 clear records of all payments and their disbursements.
29 Certified copies of payment records maintained by a public
30 office or Clerk of the Circuit Court shall, without further
31 proof, be admitted into evidence in any legal proceedings
32 under this Section.
33 (8) The Illinois Department of Revenue Public Aid shall
34 design suggested legal forms for proceeding under this
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1 Section and shall make available to the courts such forms and
2 informational materials which describe the procedures and
3 remedies set forth herein for distribution to all parties in
4 support actions.
5 (9) At the time of transmitting each support payment,
6 the clerk of the circuit court shall provide the obligee or
7 public office, as appropriate, with any information furnished
8 by the payor as to the date income was paid from which such
9 support was withheld.
10 (J) Penalties.
11 (1) Where a payor wilfully fails to withhold or pay over
12 income pursuant to a properly served, specially certified
13 order for withholding and any notice of delinquency, or
14 wilfully discharges, disciplines, refuses to hire or
15 otherwise penalizes an obligor as prohibited by subsection
16 (G), or otherwise fails to comply with any duties imposed by
17 this Section, the obligee, public office or obligor, as
18 appropriate, may file a complaint with the court against the
19 payor. The clerk of the circuit court shall notify the
20 obligee or public office, as appropriate, and the obligor and
21 payor of the time and place of the hearing on the complaint.
22 The court shall resolve any factual dispute including, but
23 not limited to, a denial that the payor is paying or has paid
24 income to the obligor. Upon a finding in favor of the
25 complaining party, the court:
26 (a) Shall enter judgment and direct the enforcement
27 thereof for the total amount that the payor wilfully
28 failed to withhold or pay over; and
29 (b) May order employment or reinstatement of or
30 restitution to the obligor, or both, where the obligor
31 has been discharged, disciplined, denied employment or
32 otherwise penalized by the payor and may impose a fine
33 upon the payor not to exceed $200.
34 (2) Any obligee, public office or obligor who wilfully
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1 initiates a false proceeding under this Section or who
2 wilfully fails to comply with the requirements of this
3 Section shall be punished as in cases of contempt of court.
4 (K) Alternative Procedures for Entry and Service of an Order
5 for Withholding.
6 (1) Effective January 1, 1987, in any matter in which an
7 order for withholding has not been entered for any reason,
8 based upon the last order for support that has been entered,
9 and in which the obligor has become delinquent in payment of
10 an amount equal to at least one month's support obligation
11 pursuant to the last order for support or is at least 30 days
12 late in complying with all or part of the order for support,
13 the obligee or public office may prepare and serve an order
14 for withholding pursuant to the procedures set forth in this
15 subsection.
16 (2) The obligee or public office shall:
17 (a) Prepare a proposed order for withholding for
18 immediate service as provided by paragraphs (1) and (3)
19 of subsection (B), except that the minimum 20%
20 delinquency payment shall be used;
21 (b) Prepare a notice of delinquency as provided by
22 paragraphs (1) and (2) of subsection (C), except the
23 notice shall state further that the order for withholding
24 has not been entered by the court and the conditions
25 under which the order will be entered; and
26 (c) Serve the notice of delinquency and form
27 petition to stay service as provided by paragraph (3) of
28 subsection (C), together with the proposed order for
29 withholding, which shall be marked "COPY ONLY".
30 (3) After 20 days following service of the notice of
31 delinquency and proposed order for withholding, in lieu of
32 the provisions of subsection (E), the obligee or public
33 office shall file with the Clerk of the Circuit Court an
34 affidavit, with a copy of the notice of delinquency and
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1 proposed order for withholding attached thereto, stating
2 that:
3 (a) The notice of delinquency and proposed order
4 for withholding have been served upon the obligor and the
5 date on which service was effected;
6 (b) The obligor has not filed a petition to stay
7 service within 20 days of service of such notice and
8 order; and
9 (c) The proposed order for withholding accurately
10 states the terms and amounts contained in the last order
11 for support.
12 (4) Upon the court's satisfaction that the procedures
13 set forth in this subsection have been met, it shall enter
14 the order for withholding.
15 (5) The Clerk shall then provide to the obligee or
16 public office a specially certified copy of the order for
17 withholding and the notice of delinquency indicating that the
18 preconditions for service have been met.
19 (6) The obligee or public office shall serve the
20 specially certified copies of the order for withholding and
21 the notice of delinquency on the payor, its superintendent,
22 manager or other agent by certified mail or personal
23 delivery. A proof of service shall be filed with the Clerk
24 of the Circuit Court.
25 (7) If the obligor requests in writing that income
26 withholding become effective prior to becoming delinquent in
27 payment of an amount equal to one month's support obligation
28 pursuant to the last order for support, or prior to becoming
29 30 days late in paying all or part of the order for support,
30 the obligee or public office shall file an affidavit with the
31 Clerk of the circuit Court, with a proposed order for
32 withholding attached, stating that the proposed order
33 accurately states the terms and amounts contained in the last
34 order for support and the obligor's request for immediate
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1 service. The provisions of paragraphs (4) through (6) of
2 this subsection shall apply, except that a notice of
3 delinquency shall not be required.
4 (8) All other provisions of this Section shall be
5 applicable with respect to the provisions of this subsection
6 (K), except that under paragraph (1) of subsection (H), the
7 court may also amend the proposed order for withholding to
8 conform to the last order for support.
9 (9) Nothing in this subsection shall be construed as
10 limiting the requirements of paragraph (1) of subsection (B)
11 with respect to the entry of a separate order for withholding
12 upon entry of any order for support.
13 (L) Remedies in Addition to Other Laws.
14 (1) The rights, remedies, duties and penalties created
15 by this Section are in addition to and not in substitution
16 for any other rights, remedies, duties and penalties created
17 by any other law.
18 (2) Nothing in this Section shall be construed as
19 invalidating any assignment of wages or benefits executed
20 prior to January 1, 1984.
21 (Source: P.A. 88-26; 88-45; 88-94; 88-131; 88-307; 88-670,
22 eff. 12-2-94; 89-507, eff. 7-1-97.)
23 (305 ILCS 5/10-17.9)
24 Sec. 10-17.9. Past due support information to State
25 Department of Revenue.
26 (a) The Illinois Department may provide by rule for
27 certification to the Comptroller pursuant to Section 10-17.5
28 of this Article Illinois Department of Revenue of past due
29 support owed by responsible relatives under a support order
30 entered by a court or administrative body of this or any
31 other State on behalf of resident or non-resident persons.
32 The rule shall provide for notice to and an opportunity to be
33 heard by each responsible relative affected. Any final
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1 administrative decision rendered by the Department shall be
2 reviewed only under and in accordance with the Administrative
3 Review Law. A responsible relative may avoid certification
4 to the Comptroller Illinois Department of Revenue by
5 establishing a satisfactory repayment record as determined by
6 the Illinois Department of Public Aid.
7 (b) A certified past due support amount shall be final.
8 The certified amount shall be payable to the Illinois
9 Department of Revenue upon written notification of the
10 certification to the responsible relative by the Illinois
11 Department of Revenue.
12 (c) In the event a responsible relative overpays
13 pursuant to collection under this Section and the applicable
14 Sections of the Illinois Income Tax Act, the overpayment
15 shall be a credit against future support obligations. If the
16 current support obligation of the responsible relative has
17 terminated under operation of law or court order, any moneys
18 overpaid but still in the possession of the Department shall
19 be promptly returned to the responsible relative.
20 (d) Except as otherwise provided in this Article, any
21 child support delinquency certified to the Comptroller
22 Illinois Department of Revenue shall be treated as a child
23 support delinquency for all other purposes, and any
24 collection action by the State's Attorney or the Illinois
25 Department of Revenue with respect to any delinquency
26 certified under this Article shall have the same priority
27 against attachment, execution, assignment, or other
28 collection action as is provided by any other provision of
29 State law.
30 (e) Any child support delinquency collected by the
31 Illinois Department of Revenue, including those amounts that
32 result in overpayment of a child support delinquency, shall
33 be deposited in, or transferred to, the Child Support
34 Enforcement Trust Fund.
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1 (Source: P.A. 89-6, eff. 12-31-95.)
2 (305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
3 Sec. 10-19. (Support Payments Ordered Under Other Laws -
4 Where Deposited.) The Illinois Department and local
5 governmental units are authorized to receive payments
6 directed by court order for the support of recipients, as
7 provided in the following Acts:
8 1. "Non-Support of Spouse and Children Act", approved
9 June 24, 1915, as amended,
10 2. "Illinois Marriage and Dissolution of Marriage Act",
11 as now or hereafter amended,
12 3. The Illinois Parentage Act, as amended,
13 4. "Revised Uniform Reciprocal Enforcement of Support
14 Act", approved August 28, 1969, as amended,
15 5. The Juvenile Court Act or the Juvenile Court Act of
16 1987, as amended,
17 6. The "Unified Code of Corrections", approved July 26,
18 1972, as amended,
19 7. Part 7 of Article XII of the Code of Civil Procedure,
20 as amended,
21 8. Part 8 of Article XII of the Code of Civil Procedure,
22 as amended, and
23 9. Other laws which may provide by judicial order for
24 direct payment of support moneys.
25 Payments under this Section to the Illinois Department
26 pursuant to the Child Support Enforcement Program established
27 by Title IV-D of the Social Security Act shall be paid into
28 the Child Support Enforcement Trust Fund. All other payments
29 under this Section to the Illinois Department shall be
30 deposited in the Child Support Public Assistance Recoveries
31 Trust Fund. Disbursements from these funds shall be as
32 provided in Sections 39b58 and 39b59 of the Civil
33 Administrative Code of Illinois 12-9 and 12-10.2 of this
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1 Code. Payments received by a local governmental unit shall be
2 deposited in that unit's General Assistance Fund.
3 (Source: P.A. 86-1028.)
4 (305 ILCS 5/12-4.31)
5 Sec. 12-4.31. Paternity establishment and continued
6 eligibility.
7 (a) In this Section, "nonmarital child" means a child
8 born to a woman who was not married to the child's father at
9 the time of the child's birth.
10 (b) The Illinois Department of Revenue is authorized to
11 conduct a paternity establishment and continued eligibility
12 program as a demonstration program in certain geographic
13 areas as defined by rule. Upon completion of the
14 demonstration, the Illinois Department of Revenue may expand
15 the program statewide. If the Illinois Department of Revenue,
16 as part of the demonstration program or statewide program,
17 makes administrative determinations of paternity, it shall do
18 so according to rules adopted under Section 10-17.7.
19 Under the paternity establishment and continued
20 eligibility program, the custodial parent of a nonmarital
21 child otherwise eligible for assistance under Article IV, V,
22 or VI of this Code shall receive assistance for the custodial
23 parent and that child for no longer than 6 full months
24 unless:
25 (1) the paternity of the child is established
26 before the beginning of or within the 6-month period;
27 (2) the parent has fully cooperated with efforts to
28 establish the child's paternity, but, through no fault of
29 the parent, paternity has not been established;
30 (3) the parent begins to receive assistance while a
31 court action to establish the child's paternity is
32 pending, and the parent continues to cooperate with the
33 Illinois Department of Revenue's Department's efforts to
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1 establish paternity;
2 (4) the parent attests under oath to fear of abuse
3 by the putative father of the child and provides
4 documentation to substantiate that fear, or the parent
5 claims good cause for failing to cooperate in the
6 establishment of paternity due to rape by an unknown
7 assailant, and the person is found to be exempt from
8 cooperating to establish paternity under rules adopted by
9 the Illinois Department of Revenue;
10 (5) the parent has not yet given birth to the
11 nonmarital child; or
12 (6) the putative father of the child is
13 incarcerated and inaccessible to the process for
14 establishing the child's paternity.
15 (b) The 6-month period referred to in subsection (a)
16 shall begin on the date the first full monthly payment of
17 assistance is made, if the parent applied for assistance on
18 or after the effective date of this amendatory Act of 1995.
19 That 6-month period shall begin on the effective date of this
20 amendatory Act of 1995 if the parent was receiving assistance
21 on behalf of the nonmarital child on the effective date of
22 this amendatory Act of 1995.
23 (c) The Illinois Department of Revenue shall apply for
24 all waivers of federal law and regulations necessary to
25 implement this Section. Implementation of this Section is
26 conditioned upon the Illinois Department of Revenue's
27 Department's receipt of those waivers.
28 (d) The Illinois Department of Revenue may implement
29 this Section through the use of emergency rules in accordance
30 with Section 5-45 of the Illinois Administrative Procedure
31 Act. For purposes of the Illinois Administrative Procedure
32 Act, the adoption of rules to implement this Section shall be
33 considered an emergency and necessary for the public
34 interest, safety, and welfare.
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1 (Source: P.A. 89-6, eff. 3-6-95.)
2 (305 ILCS 5/12-5) (from Ch. 23, par. 12-5)
3 Sec. 12-5. Appropriations; uses; federal grants; report
4 to General Assembly. From the sums appropriated by the
5 General Assembly, the Illinois Department shall order for
6 payment by warrant from the State Treasury grants for public
7 aid under Articles III, IV, V and VII, including grants for
8 funeral and burial expenses, and all costs of administration
9 of the Illinois Department and the County Departments
10 relating thereto. Moneys appropriated to the Illinois
11 Department for public aid under Article VI may be used, with
12 the consent of the Governor, to co-operate with federal,
13 State, and local agencies in the development of work projects
14 designed to provide suitable employment for persons receiving
15 public aid under Article VI. The Illinois Department, with
16 the consent of the Governor, may be the agent of the State
17 for the receipt and disbursement of federal funds or
18 commodities for public aid purposes under Article VI and for
19 related purposes in which the co-operation of the Illinois
20 Department is sought by the federal government, and, in
21 connection therewith, may make necessary expenditures from
22 moneys appropriated for public aid under any Article of this
23 Code and for administration. The Illinois Department, with
24 the consent of the Governor, may be the agent of the State
25 for the receipt and disbursement of federal funds pursuant to
26 the Immigration Reform and Control Act of 1986 and may make
27 necessary expenditures from monies appropriated to it for
28 operations, administration, and grants, including payment to
29 the Health Insurance Reserve Fund for group insurance costs
30 at the rate certified by the Department of Central Management
31 Services. All amounts received by the Illinois Department
32 pursuant to the Immigration Reform and Control Act of 1986
33 shall be deposited in the Immigration Reform and Control
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1 Fund. All amounts received into the Immigration Reform and
2 Control Fund as reimbursement for expenditures from the
3 General Revenue Fund shall be transferred to the General
4 Revenue Fund.
5 All grants received by the Illinois Department for
6 programs funded by the Federal Social Services Block Grant
7 shall be deposited in the Social Services Block Grant Fund.
8 All funds received into the Social Services Block Grant Fund
9 as reimbursement for expenditures from the General Revenue
10 Fund shall be transferred to the General Revenue Fund. All
11 funds received into the Social Services Block Grant fund for
12 reimbursement for expenditure out of the Local Initiative
13 Fund shall be transferred into the Local Initiative Fund.
14 Any other federal funds received into the Social Services
15 Block Grant Fund shall be transferred to the Special Purposes
16 Trust Fund. All federal funds received by the Illinois
17 Department as reimbursement for Employment and Training
18 Programs for expenditures made by the Illinois Department
19 from grants, gifts, or legacies as provided in Section
20 12-4.18 or made by an entity other than the Illinois
21 Department shall be deposited into the Employment and
22 Training Fund, except that federal funds received as
23 reimbursement as a result of the appropriation made for the
24 costs of providing adult education to public assistance
25 recipients under the "Adult Education, Public Assistance
26 Fund" shall be deposited into the General Revenue Fund;
27 provided, however, that all funds, except those that are
28 specified in an interagency agreement between the Illinois
29 Community College Board and the Illinois Department, that are
30 received by the Illinois Department as reimbursement under
31 the JOBS program for expenditures that are made by the
32 Illinois Community College Board or any public community
33 college of this State shall be credited to a special account
34 that the State Treasurer shall establish and maintain within
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1 the Employment and Training Fund for the purpose of
2 segregating the reimbursements received for expenditures made
3 by those entities. As reimbursements are deposited into the
4 Employment and Training Fund, the Illinois Department shall
5 certify to the State Comptroller and State Treasurer the
6 amount that is to be credited to the special account
7 established within that Fund as a reimbursement for
8 expenditures under the JOBS program made by the Illinois
9 Community College Board or any of the public community
10 colleges. All amounts credited to the special account
11 established and maintained within the Employment and Training
12 Fund as provided in this Section shall be held for transfer
13 to the AFDC Opportunities Fund as provided in subsection (d)
14 of Section 12-10.3, and shall not be transferred to any other
15 fund or used for any other purpose.
16 Any or all federal funds received as reimbursement for
17 food and shelter assistance under the Emergency Food and
18 Shelter Program authorized by Section 12-4.5 may be
19 deposited, with the consent of the Governor, into the
20 Homelessness Prevention Fund.
21 Eighty percent of the federal financial participation
22 funds received by the Illinois Department under the Title
23 IV-A Emergency Assistance program as reimbursement for
24 expenditures made from the Illinois Department of Children
25 and Family Services appropriations for the costs of providing
26 services in behalf of Department of Children and Family
27 Services clients shall be deposited into the DCFS Children's
28 Services Fund.
29 All federal funds, except those covered by the foregoing
30 3 paragraphs, received as reimbursement for expenditures from
31 the General Revenue Fund shall be deposited in the General
32 Revenue Fund for administrative and distributive expenditures
33 properly chargeable by federal law or regulation to aid
34 programs established under Articles III through XII and
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1 Titles IV, XVI, XIX and XX of the Federal Social Security
2 Act. Any other federal funds received by the Illinois
3 Department under Sections 12-4.6, 12-4.18 and 12-4.19 that
4 are required by Section 12-10 of this Code to be paid into
5 the Special Purposes Trust Fund shall be deposited into the
6 Special Purposes Trust Fund. Any other federal funds
7 received by the Illinois Department pursuant to the Child
8 Support Enforcement Program established by Title IV-D of the
9 Social Security Act shall be deposited in the Child Support
10 Enforcement Trust Fund as required under Section 12-10.2 of
11 this Code. Any other federal funds received by the Illinois
12 Department for medical assistance program expenditures made
13 under Title XIX of the Social Security Act and Article V of
14 this Code that are required by Section 5-4.21 of this Code to
15 be paid into the Medicaid Developmentally Disabled Provider
16 Participation Fee Trust Fund shall be deposited into the
17 Medicaid Developmentally Disabled Provider Participation Fee
18 Trust Fund. Any other federal funds received by the Illinois
19 Department for medical assistance program expenditures made
20 under Title XIX of the Social Security Act and Article V of
21 this Code that are required by Section 5-4.31 of this Code to
22 be paid into the Medicaid Long Term Care Provider
23 Participation Fee Trust Fund shall be deposited into the
24 Medicaid Long Term Care Provider Participation Fee Trust
25 Fund. Any other federal funds received by the Illinois
26 Department for hospital inpatient, hospital ambulatory care,
27 and disproportionate share hospital expenditures made under
28 Title XIX of the Social Security Act and Article V of this
29 Code that are required by Section 14-2 of this Code to be
30 paid into the Hospital Services Trust Fund shall be deposited
31 into the Hospital Services Trust Fund. Any other federal
32 funds received by the Illinois Department for expenditures
33 made under Title XIX of the Social Security Act and Articles
34 V and VI of this Code that are required by Section 15-2 of
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1 this Code to be paid into the County Provider Trust Fund
2 shall be deposited into the County Provider Trust Fund. Any
3 other federal funds received by the Illinois Department for
4 hospital inpatient, hospital ambulatory care, and
5 disproportionate share hospital expenditures made under Title
6 XIX of the Social Security Act and Article V of this Code
7 that are required by Section 5A-8 of this Code to be paid
8 into the Hospital Provider Fund shall be deposited into the
9 Hospital Provider Fund. Any other federal funds received by
10 the Illinois Department for medical assistance program
11 expenditures made under Title XIX of the Social Security Act
12 and Article V of this Code that are required by Section 5B-8
13 of this Code to be paid into the Long-Term Care Provider Fund
14 shall be deposited into the Long-Term Care Provider Fund.
15 Any other federal funds received by the Illinois Department
16 for medical assistance program expenditures made under Title
17 XIX of the Social Security Act and Article V of this Code
18 that are required by Section 5C-7 of this Code to be paid
19 into the Developmentally Disabled Care Provider Fund shall be
20 deposited into the Developmentally Disabled Care Provider
21 Fund. Any other federal funds received by the Illinois
22 Department for trauma center adjustment payments that are
23 required by Section 5-5.03 of this Code and made under Title
24 XIX of the Social Security Act and Article V of this Code
25 shall be deposited into the Trauma Center Fund. Any other
26 federal funds received by the Illinois Department as
27 reimbursement for expenses for early intervention services
28 paid from the Early Intervention Services Revolving Fund
29 shall be deposited into that Fund.
30 The Illinois Department shall consult with the Citizens
31 Assembly/Council on Public Aid in respect to the expenditure
32 of federal funds from the Special Purposes Trust Fund under
33 Section 12-10 and the Local Initiative Fund under Section
34 12-10.1. It shall report to the General Assembly at the end
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1 of each fiscal quarter the amount of all funds received and
2 paid into the Social Service Block Grant Fund and the Local
3 Initiative Fund and the expenditures and transfers of such
4 funds for services, programs and other purposes authorized by
5 law. Such report shall be filed with the Speaker, Minority
6 Leader and Clerk of the House, with the President, Minority
7 Leader and Secretary of the Senate, with the Chairmen of the
8 House and Senate Appropriations Committees, the House Human
9 Resources Committee and the Senate Public Health, Welfare and
10 Corrections Committee, or the successor standing Committees
11 of each as provided by the rules of the House and Senate,
12 respectively, with the Legislative Research Unit and with the
13 State Government Report Distribution Center for the General
14 Assembly as is required under paragraph (t) of Section 7 of
15 the State Library Act and one copy with the Citizens
16 Assembly/Council on Public Aid or its successor shall be
17 deemed sufficient to comply with this Section.
18 (Source: P.A. 88-45; 88-412; 88-429; 88-553, eff. 7-14-94;
19 88-554, eff. 7-26-94; 88-670, eff. 12-2-94; 89-235, eff.
20 8-4-95; 89-499, eff. 6-28-96.)
21 (305 ILCS 5/12-8) (from Ch. 23, par. 12-8)
22 Sec. 12-8. Public Assistance Emergency Revolving Fund -
23 Uses. The Public Assistance Emergency Revolving Fund,
24 established by Act approved July 8, 1955 shall be held by the
25 Illinois Department and shall be used for the following
26 purposes:
27 1. To provide immediate financial aid to applicants
28 in acute need who have been determined eligible for aid
29 under Articles III, IV, or V.
30 2. To provide emergency aid to recipients under
31 said Articles who have failed to receive their grants
32 because of mail box or other thefts, or who are victims
33 of a burnout, eviction, or other circumstances causing
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1 privation, in which cases the delays incident to the
2 issuance of grants from appropriations would cause
3 hardship and suffering.
4 3. To provide emergency aid for transportation,
5 meals and lodging to applicants who are referred to
6 cities other than where they reside for physical
7 examinations to establish blindness or disability, or to
8 determine the incapacity of the parent of a dependent
9 child.
10 4. To provide emergency transportation expense
11 allowances to recipients engaged in vocational training
12 and rehabilitation projects.
13 5. To assist public aid applicants in obtaining
14 copies of birth certificates, death certificates,
15 marriage licenses or other similar legal documents which
16 may facilitate the verification of eligibility for public
17 aid under this Code.
18 6. (Blank). To provide immediate payments to
19 current or former recipients of support services, or
20 refunds to responsible relatives, for child support made
21 to the Illinois Department under Title IV-D of the Social
22 Security Act when such recipients of services or
23 responsible relatives are legally entitled to all or part
24 of such child support payments under applicable State or
25 federal law.
26 7. To provide payments to individuals or providers
27 of transportation to and from medical care for the
28 benefit of recipients under Articles III, IV, V, VI, and
29 VII.
30 Disbursements from the Public Assistance Emergency
31 Revolving Fund shall be made by the Illinois Department.
32 Expenditures from the Public Assistance Emergency
33 Revolving Fund shall be for purposes which are properly
34 chargeable to appropriations made to the Illinois Department,
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1 or, in the case of payments under subparagraph 6, to the
2 Child Support Enforcement Trust Fund, except that no
3 expenditure shall be made for purposes which are properly
4 chargeable to appropriations for the following objects:
5 personal services; extra help; state contributions to
6 retirement system; state contributions to Social Security;
7 state contributions for employee group insurance; contractual
8 services; travel; commodities; printing; equipment;
9 electronic data processing; operation of auto equipment;
10 telecommunications services; library books; and refunds. The
11 Illinois Department shall reimburse the Public Assistance
12 Emergency Revolving Fund by warrants drawn by the State
13 Comptroller on the appropriation or appropriations which are
14 so chargeable, or, in the case of payments under subparagraph
15 6, by warrants drawn on the Child Support Enforcement Trust
16 Fund, payable to the Revolving Fund.
17 The Illinois Department shall consult, in writing, with
18 the Citizens Assembly/Council on Public Aid with respect to
19 the investment of funds from the Public Assistance Emergency
20 Revolving Fund outside the State Treasury in certificates of
21 deposit or other interest-bearing accounts.
22 Any moneys in the Public Assistance Emergency Revolving
23 Fund collected pursuant to Article X on the effective date of
24 this amendatory Act of 1997 shall be transferred to the Child
25 Support Emergency Revolving Fund.
26 (Source: P.A. 86-651; 87-769.)
27 (305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
28 Sec. 12-9. Public Assistance Recoveries Trust Fund -
29 Uses. The Public Assistance Recoveries Trust Fund, to be held
30 by the State Treasurer as ex-officio custodian outside the
31 State Treasury, shall consist of recoveries authorized by
32 this Code in respect to applicants or recipients under
33 Articles III, IV, V, VI and VII, including recoveries from
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1 the estates of deceased recipients, and payments received by
2 the Illinois Department under Sections 10-3.1, 10-8, 10-10,
3 10-16, and 10-19 except those pursuant to the Child Support
4 Enforcement Program established by Title IV-D of the Social
5 Security Act and required to be paid into the Child Support
6 Enforcement Trust Fund under Section 12-10.2 of this Code,
7 that are required by such Sections to be paid into the Public
8 Assistance Recoveries Trust Fund.
9 Disbursements from this fund shall be only (1) for the
10 reimbursement of claims collected by the Illinois Department
11 through error or mistake, (2) for payment to persons or
12 agencies designated as payees or co-payees on any instrument,
13 whether or not negotiable, delivered to the Illinois
14 Department as a recovery under this Section, such payment to
15 be in proportion to the respective interests of the payees in
16 the amount so collected, (3) for payments to non-recipients,
17 or to former recipients of financial aid of the collections
18 which are made in their behalf under Article X except those
19 pursuant to the Child Support Enforcement Program established
20 by Title IV-D of the Social Security Act required to be paid
21 from the Child Support Enforcement Trust Fund under Section
22 12-10.2 of this Code, (4) for payment to local governmental
23 units of support payments collected by the Illinois
24 Department pursuant to an agreement under Section 10-3.1, (5)
25 for payment of administrative expenses incurred in performing
26 the activities authorized by Article X except those pursuant
27 to the Child Support Enforcement Program established by Title
28 IV-D of the Social Security Act required to be paid from the
29 Child Support Enforcement Trust Fund under Section 12-10.2 of
30 this Code, (6) for payment of fees to persons or agencies in
31 the performance of activities pursuant to the collection of
32 monies owed the State except those monies pursuant to the
33 Child Support Enforcement Program established by Title IV-D
34 of the Social Security Act required to be paid from the Child
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1 Support Enforcement Trust Fund under Section 12-10.2 of this
2 Code, (4) (7) for payments of any amounts which are
3 reimbursable to the Federal government which are required to
4 be paid by State warrant by either the State or Federal
5 government, and (5) (8) for disbursements to attorneys or
6 advocates for legal representation in an appeal of any claim
7 for federal Supplemental Security Income benefits before an
8 administrative law judge as provided for in Section 3-13 of
9 this Code. Disbursements from this fund shall be by warrants
10 drawn by the State Comptroller as receipt of vouchers duly
11 executed and certified by the Illinois Department.
12 The balance in this fund on the first day of each
13 calendar quarter, after payment therefrom of any amounts
14 reimbursable to the Federal Government, and minus the amount
15 reasonably anticipated to be needed to make the disbursements
16 during that quarter authorized by this Section, shall be
17 certified by the Director of the Illinois Department and
18 transferred by the State Comptroller to the General Revenue
19 Fund in the State Treasury within 30 days of the first day of
20 each calendar quarter.
21 Any moneys in the Public Assistance Recoveries Trust Fund
22 collected pursuant to Article X on the effective date of this
23 amendatory Act of 1997 shall be transferred to the Child
24 Support Recoveries Trust Fund.
25 (Source: P.A. 84-1308.)
26 (305 ILCS 5/12-11) (from Ch. 23, par. 12-11)
27 Sec. 12-11. Deposits by State Treasurer.) The State
28 Treasurer shall deposit moneys received by him as ex-officio
29 custodian of the Public Assistance Recoveries Trust Fund,
30 Child Support Enforcement Trust Fund and the Special Purposes
31 Trust Fund in banks or savings and loan associations which
32 have been approved by him as State Depositaries under "An Act
33 in relation to State Moneys", approved June 28, 1919, as
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1 amended, and with respect to such moneys shall be entitled to
2 the same rights and privileges as are provided by such Act
3 with respect to moneys in the treasury of the State of
4 Illinois.
5 (Source: P.A. 83-1126.)
6 (305 ILCS 5/12-10.2 rep.)
7 Section 20. The Illinois Public Aid Code is amended by
8 repealing Section 12-10.2.
9 Section 25. The Illinois Marriage and Dissolution of
10 Marriage Act is amended by changing Sections 705, 706.1, 709,
11 and 712 as follows:
12 (750 ILCS 5/705) (from Ch. 40, par. 705)
13 Sec. 705. Support payments; receiving and disbursing
14 agents.
15 (1) The provisions of this Section shall apply, except
16 as provided in Sections 709 through 712.
17 On and after the effective date of this amendatory Act of
18 1997, any reference to the Illinois Department of Public Aid
19 in this Section shall be a reference to the Department of
20 Revenue and any reference to the Public Assistance Recoveries
21 Trust Fund shall be a reference to the Child Support
22 Recoveries Trust Fund.
23 (2) In a dissolution of marriage action filed in a
24 county of less than 3 million population in which an order or
25 judgment for child support is entered, and in supplementary
26 proceedings in any such county to enforce or vary the terms
27 of such order or judgment arising out of an action for
28 dissolution of marriage filed in such county, the court,
29 except as it otherwise orders, under subsection (4) of this
30 Section, may direct that child support payments be made to
31 the clerk of the court.
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1 (3) In a dissolution of marriage action filed in any
2 county of 3 million or more population in which an order or
3 judgment for child support is entered, and in supplementary
4 proceedings in any such county to enforce or vary the terms
5 of such order or judgment arising out of an action for
6 dissolution of marriage filed in such county, the court,
7 except as it otherwise orders under subsection (4) of this
8 Section, may direct that child support payments be made
9 either to the clerk of the court or to the Court Service
10 Division of the County Department of Public Aid. After the
11 effective date of this Act, the court, except as it otherwise
12 orders under subsection (4) of this Section, may direct that
13 child support payments be made either to the clerk of the
14 court or to the Illinois Department of Public Aid.
15 (4) In a dissolution of marriage action or supplementary
16 proceedings involving maintenance or child support payments,
17 or both, to persons who are recipients of aid under the
18 Illinois Public Aid Code, the court shall direct that such
19 payments be made to (a) the Illinois Department of Public Aid
20 if the persons are recipients under Articles III, IV, or V of
21 the Code, or (b) the local governmental unit responsible for
22 their support if they are recipients under Articles VI or VII
23 of the Code. In accordance with federal law and regulations,
24 the Illinois Department of Public Aid 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 Article X of the
28 Illinois Public Aid Code. The Illinois Department of Public
29 Aid shall pay the net amount collected to those persons after
30 deducting any costs incurred in making the collection or any
31 collection fee from the amount of any recovery made. The
32 order shall permit the Illinois Department of Public Aid or
33 the local governmental unit, as the case may be, to direct
34 that payments be made directly to the former spouse, the
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1 children, or both, or to some person or agency in their
2 behalf, upon removal of the former spouse or children from
3 the public aid rolls or upon termination of services under
4 Article X of the Illinois Public Aid Code; and upon such
5 direction, the Illinois Department or local governmental
6 unit, as the case requires, shall give notice of such action
7 to the court in writing or by electronic transmission.
8 (5) All clerks of the court and the Court Service
9 Division of a County Department of Public Aid and, after the
10 effective date of this Act, all clerks of the court and the
11 Illinois Department of Public Aid, receiving child support
12 payments under subsections (2) and (3) of this Section shall
13 disburse the payments to the person or persons entitled
14 thereto under the terms of the order or judgment. They shall
15 establish and maintain current records of all moneys received
16 and disbursed and of defaults and delinquencies in required
17 payments. The court, by order or rule, shall make provision
18 for the carrying out of these duties.
19 Upon notification in writing or by electronic
20 transmission from the Illinois Department of Public Aid to
21 the clerk of the court that a person who is receiving support
22 payments under this Section is receiving services under the
23 Child Support Enforcement Program established by Title IV-D
24 of the Social Security Act, any support payments subsequently
25 received by the clerk of the court shall be transmitted in
26 accordance with the instructions of the Illinois Department
27 of Public Aid until the Department gives notice to the clerk
28 of the court to cease the transmittal. After providing the
29 notification authorized under this paragraph, the Illinois
30 Department of Public Aid shall be entitled as a party to
31 notice of any further proceedings in the case. The clerk of
32 the court shall file a copy of the Illinois Department of
33 Public Aid's notification in the court file. The failure of
34 the clerk to file a copy of the notification in the court
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1 file shall not, however, affect the Illinois Department of
2 Public Aid's right to receive notice of further proceedings.
3 Payments under this Section to the Illinois Department of
4 Public Aid pursuant to the Child Support Enforcement Program
5 established by Title IV-D of the Social Security Act shall be
6 paid into the Child Support Enforcement Trust Fund. All other
7 payments under this Section to the Illinois Department of
8 Public Aid shall be deposited in the Public Assistance
9 Recoveries Trust Fund. Disbursements from these funds shall
10 be as provided in the Illinois Public Aid Code. Payments
11 received by a local governmental unit shall be deposited in
12 that unit's General Assistance Fund. Any order of court
13 directing payment of child support to a clerk of court or the
14 Court Service Division of a County Department of Public Aid,
15 which order has been entered on or after August 14, 1961, and
16 prior to the effective date of this Act, may be amended by
17 the court in line with this Act; and orders involving
18 payments of maintenance or child support to recipients of
19 public aid may in like manner be amended to conform to this
20 Act.
21 (6) No filing fee or costs will be required in any
22 action brought at the request of the Illinois Department of
23 Public Aid in any proceeding under this Act. However, any
24 such fees or costs may be assessed by the court against the
25 respondent in the court's order of support or any
26 modification thereof in a proceeding under this Act.
27 (7) For those cases in which child support is payable to
28 the clerk of the circuit court for transmittal to the
29 Illinois Department of Public Aid by order of court or upon
30 notification by the Illinois Department of Public Aid, the
31 clerk shall transmit all such payments, within 4 working days
32 of receipt, to insure that funds are available for immediate
33 distribution by the Department to the person or entity
34 entitled thereto in accordance with standards of the Child
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1 Support Enforcement Program established under Title IV-D of
2 the Social Security Act. The clerk shall notify the
3 Department of the date of receipt and amount thereof at the
4 time of transmittal. Where the clerk has entered into an
5 agreement of cooperation with the Department to record the
6 terms of child support orders and payments made thereunder
7 directly into the Department's automated data processing
8 system, the clerk shall account for, transmit and otherwise
9 distribute child support payments in accordance with such
10 agreement in lieu of the requirements contained herein.
11 In any action filed in a county with a population of
12 1,000,000 or less, the court shall assess against the
13 respondent in any order of maintenance or child support any
14 sum up to $36 annually authorized by ordinance of the county
15 board to be collected by the clerk of the court as costs for
16 administering the collection and disbursement of maintenance
17 and child support payments. Such sum shall be in addition to
18 and separate from amounts ordered to be paid as maintenance
19 or child support.
20 (Source: P.A. 88-687, eff. 1-24-95.)
21 (750 ILCS 5/706.1) (from Ch. 40, par. 706.1)
22 (Text of Section before amendment by P.A. 89-507)
23 Sec. 706.1. Withholding of Income to Secure Payment of
24 Support.
25 (A) Definitions.
26 (1) "Order for support" means any order of the court
27 which provides for periodic payment of funds for the support
28 of a child or maintenance of a spouse, whether temporary or
29 final, and includes any such order which provides for:
30 (a) Modification or resumption of, or payment of
31 arrearage accrued under, a previously existing order;
32 (b) Reimbursement of support; or
33 (c) Enrollment in a health insurance plan that is
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1 available to the obligor through an employer or labor
2 union or trade union.
3 (2) "Arrearage" means the total amount of unpaid support
4 obligations.
5 (3) "Delinquency" means any payment under an order for
6 support which becomes due and remains unpaid after an order
7 for withholding has been entered under subsection (B) or, for
8 purposes of subsection (K), after the last order for support
9 was entered for which no order for withholding was entered.
10 (4) "Income" means any form of periodic payment to an
11 individual, regardless of source, including, but not limited
12 to: wages, salary, commission, compensation as an independent
13 contractor, workers' compensation, disability, annuity and
14 retirement benefits, lottery prize awards, insurance
15 proceeds, vacation pay, bonuses, profit-sharing payments and
16 any other payments, made by any person, private entity,
17 federal or state government, any unit of local government,
18 school district or any entity created by Public Act; however,
19 "income" excludes:
20 (a) Any amounts required by law to be withheld,
21 other than creditor claims, including, but not limited
22 to, federal, State and local taxes, Social Security and
23 other retirement and disability contributions;
24 (b) Union dues;
25 (c) Any amounts exempted by the federal Consumer
26 Credit Protection Act;
27 (d) Public assistance payments; and
28 (e) Unemployment insurance benefits except as
29 provided by law.
30 Any other State or local laws which limit or exempt
31 income or the amount or percentage of income that can be
32 withheld shall not apply.
33 (5) "Obligor" means the individual who owes a duty to
34 make payments under an order for support.
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1 (6) "Obligee" means the individual to whom a duty of
2 support is owed or the individual's legal representative.
3 (7) "Payor" means any payor of income to an obligor.
4 (8) "Public office" means any elected official or any
5 State or local agency which is or may become responsible by
6 law for enforcement of, or which is or may become authorized
7 to enforce, an order for support, including, but not limited
8 to: the Attorney General, the Illinois Department of Revenue
9 Public Aid, the Illinois Department of Mental Health and
10 Developmental Disabilities, the Illinois Department of
11 Children and Family Services, and the various State's
12 Attorneys, Clerks of the Circuit Court and supervisors of
13 general assistance.
14 (9) "Premium" means the dollar amount for which the
15 obligor is liable to his employer or labor union or trade
16 union and which must be paid to enroll or maintain a child in
17 a health insurance plan that is available to the obligor
18 through an employer or labor union or trade union.
19 (B) Entry of an Order for Withholding.
20 (1) Upon entry of any order for support on or after
21 January 1, 1984, the court shall enter a separate order for
22 withholding which shall not take effect unless the obligor
23 becomes delinquent in paying the order for support or the
24 obligor requests an earlier effective date; except that the
25 court may require the order for withholding to take effect
26 immediately.
27 On or after January 1, 1989, the court shall require the
28 order for withholding to take effect immediately, unless a
29 written agreement is reached between and signed by both
30 parties providing for an alternative arrangement, approved
31 and entered into the record by the court, which insures
32 payment of support. In that case, the court shall enter the
33 order for withholding which will not take effect unless the
34 obligor becomes delinquent in paying the order for support.
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1 Upon entry of any order of support on or after September
2 11, 1989, if the obligor is not a United States citizen, the
3 obligor shall provide to the court the obligor's alien
4 registration number, passport number, and home country's
5 social security or national health number, if applicable; the
6 court shall make the information part of the record in the
7 case.
8 (2) An order for withholding shall be entered upon
9 petition by the obligee or public office where an order for
10 withholding has not been previously entered.
11 (3) The order for withholding shall:
12 (a) Direct any payor to withhold a dollar amount
13 equal to the order for support; and
14 (b) Direct any payor to withhold an additional
15 dollar amount, not less than 20% of the order for
16 support, until payment in full of any delinquency stated
17 in the notice of delinquency provided for in subsection
18 (C) or (F) of this Section; and
19 (c) 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
22 applicable, any required premiums; and
23 (d) State the rights, remedies and duties of the
24 obligor under this Section; and
25 (e) Include the obligor's Social Security Number,
26 which the obligor shall disclose to the court; and
27 (f) 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) At the time the order for withholding is entered,
32 the Clerk of the Circuit Court shall provide a copy of the
33 order for withholding and the order for support to the
34 obligor and shall make copies available to the obligee and
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1 public office. Any copy of the order for withholding
2 furnished to the parties under this subsection shall be
3 stamped "Not Valid".
4 (5) The order for withholding shall remain in effect for
5 as long as the order for support upon which it is based.
6 (6) The failure of an order for withholding to state an
7 arrearage is not conclusive of the issue of whether an
8 arrearage is owing.
9 (7) Notwithstanding the provisions of this subsection,
10 if the court finds at the time of any hearing that an
11 arrearage has accrued in an amount equal to at least one
12 month's support obligation or that the obligor is 30 days
13 late in paying all or part of the order for support, the
14 court shall order immediate service of the order for
15 withholding upon the payor.
16 (8) Where the court has not required that the order for
17 withholding take effect immediately, the obligee or public
18 office may prepare and serve a notice for immediate
19 withholding upon the obligor by ordinary mail addressed to
20 the obligor at his or her last known address. The notice
21 shall state that the following circumstances have occurred:
22 (a) The parties' written agreement providing an
23 alternative arrangement to immediate withholding under
24 paragraph (1) of this subsection no longer provides for
25 timely payment of all support due; or
26 (b) The obligor has not made timely payments in
27 that the obligor has been at least 7 days late in paying
28 all or part of the order for support any of the last 6
29 consecutive dates payments were due prior to the date of
30 the notice for immediate withholding.
31 The notice for immediate withholding shall clearly state
32 that a specially certified copy of the order for withholding
33 will be sent to the payor, unless the obligor files a
34 petition contesting immediate withholding within 20 days
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1 after service of the notice; however, the grounds for the
2 petition shall be limited to a dispute concerning whether the
3 circumstances stated in the notice have occurred or the
4 identity of the obligor. It shall not be grounds for the
5 petition that the obligor has made all payments due by the
6 date of the petition.
7 If the obligor files a petition contesting immediate
8 withholding within the 20-day period required under this
9 paragraph, the Clerk of the Circuit Court shall notify the
10 obligor and the obligee or public office, as appropriate, of
11 the time and place of the hearing on the petition. Upon
12 hearing the petition, the court shall enter an order granting
13 or denying relief. It shall not be grounds for granting the
14 obligor's petition that he or she has made all payments due
15 by the date of hearing. If the court denies the obligor's
16 petition, it shall order immediate service of the order for
17 withholding and direct the clerk to provide a specially
18 certified copy of the order for withholding to the obligee or
19 public office indicating that the requirements for immediate
20 withholding under this paragraph have been met.
21 If the obligor does not file a petition contesting
22 immediate withholding within the 20-day period, the obligee
23 or public office shall file with the Clerk of the Circuit
24 Court an affidavit, with a copy of the notice for immediate
25 withholding attached thereto, stating that the notice was
26 duly served and the date on which service was effected, and
27 that the obligor has not filed a petition contesting
28 immediate withholding. The clerk shall then provide to the
29 obligee or public office a specially certified copy of the
30 order for withholding indicating that the requirements for
31 immediate withholding under this paragraph have been met.
32 Upon receipt of a specially certified copy of the order
33 for withholding, the obligee or public office may serve the
34 order on the payor, its superintendent, manager or other
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1 agent, by certified mail or personal delivery. A proof of
2 service shall be filed with the Clerk of the Circuit Court.
3 (C) Notice of Delinquency.
4 (1) Whenever an obligor becomes delinquent in payment of
5 an amount equal to at least one month's support obligation
6 pursuant to the order for support or is at least 30 days late
7 in complying with all or part of the order for support,
8 whichever occurs first, the obligee or public office may
9 prepare and serve a verified notice of delinquency, together
10 with a form petition to stay service, pursuant to paragraph
11 (3) of this subsection.
12 (2) The notice of delinquency shall recite the terms of
13 the order for support and contain a computation of the period
14 and total amount of the delinquency, as of the date of the
15 notice. The notice shall clearly state that it will be sent
16 to the payor, together with a specially certified copy of the
17 order for withholding, except as provided in subsection (F),
18 unless the obligor files a petition to stay service in
19 accordance with paragraph (1) of subsection (D).
20 (3) The notice of delinquency shall be served by
21 ordinary mail addressed to the obligor at his or her last
22 known address.
23 (4) The obligor may execute a written waiver of the
24 provisions of paragraphs (1) through (3) of this subsection
25 and request immediate service upon the payor.
26 (D) Procedures to Avoid Income Withholding.
27 (1) Except as provided in subsection (F), the obligor
28 may prevent an order for withholding from being served by
29 filing a petition to stay service with the Clerk of the
30 Circuit Court, within 20 days after service of the notice of
31 delinquency; however, the grounds for the petition to stay
32 service shall be limited to:
33 (a) A dispute concerning the amount of current
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1 support or the existence or amount of the delinquency;
2 (b) The identity of the obligor.
3 The Clerk of the Circuit Court shall notify the obligor
4 and the obligee or public office, as appropriate, of the time
5 and place of the hearing on the petition to stay service. The
6 court shall hold such hearing pursuant to the provisions of
7 subsection (H).
8 (2) Except as provided in subsection (F), filing of a
9 petition to stay service, within the 20-day period required
10 under this subsection, shall prohibit the obligee or public
11 office from serving the order for withholding on any payor of
12 the obligor.
13 (E) Initial Service of Order for Withholding.
14 (1) Except as provided in subsection (F), in order to
15 serve an order for withholding upon a payor, an obligee or
16 public office shall follow the procedures set forth in this
17 subsection. After 20 days following service of the notice of
18 delinquency, the obligee or public office shall file with the
19 Clerk of the Circuit Court an affidavit, with the copy of the
20 notice of delinquency attached thereto, stating:
21 (a) that the notice of delinquency has been duly
22 served and the date on which service was effected; and
23 (b) that the obligor has not filed a petition to
24 stay service, or in the alternative
25 (c) that the obligor has waived the provisions of
26 subparagraphs (a) and (b) of this paragraph (1) in
27 accordance with subsection (C)(4).
28 (2) Upon request of the obligee or public office, the
29 Clerk of the Circuit Court shall: (a) make available any
30 record of payment; and (b) determine that the file contains a
31 copy of the affidavit described in paragraph (1). The Clerk
32 shall then provide to the obligee or public office a
33 specially certified copy of the order for withholding and the
34 notice of delinquency indicating that the preconditions for
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1 service have been met.
2 (3) The obligee or public office may then serve the
3 notice of delinquency and order for withholding on the payor,
4 its superintendent, manager or other agent, by certified mail
5 or personal delivery. A proof of service shall be filed with
6 the Clerk of the Circuit Court.
7 (F) Subsequent Service of Order for Withholding.
8 (1) Notwithstanding the provisions of this Section, at
9 any time after the court has ordered immediate service of an
10 order for withholding or after initial service of an order
11 for withholding pursuant to subsection (E), the obligee or
12 public office may serve the order for withholding upon any
13 payor of the obligor without further notice to the obligor.
14 The obligee or public office shall provide notice to the
15 payor, pursuant to paragraph (6) of subsection (I), of any
16 payments that have been made through previous withholding or
17 any other method.
18 (2) The Clerk of the Circuit Court shall, upon request,
19 provide the obligee or public office with specially certified
20 copies of the order for withholding or the notice of
21 delinquency or both whenever the Court has ordered immediate
22 service of an order for withholding or an affidavit has been
23 placed in the court file indicating that the preconditions
24 for service have been previously met. The obligee or public
25 office may then serve the order for withholding on the payor,
26 its superintendent, manager or other agent by certified mail
27 or personal delivery. A proof of service shall be filed with
28 the Clerk of the Circuit Court.
29 (3) If a delinquency has accrued for any reason, the
30 obligee or public office may serve a notice of delinquency
31 upon the obligor pursuant to subsection (C). The obligor may
32 prevent the notice of delinquency from being served upon the
33 payor by utilizing the procedures set forth in subsection
34 (D). If no petition to stay service has been filed within the
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1 required 20 day time period, the obligee or public office may
2 serve the notice of delinquency on the payor by utilizing the
3 procedures for service set forth in subsection (E).
4 (G) Duties of Payor.
5 (1) It shall be the duty of any payor who has been
6 served with a copy of the specially certified order for
7 withholding and any notice of delinquency to deduct and pay
8 over income as provided in this subsection. The payor shall
9 deduct the amount designated in the order for withholding, as
10 supplemented by the notice of delinquency and any notice
11 provided pursuant to paragraph (6) of subsection (I),
12 beginning no later than the next payment of income which is
13 payable to the obligor that occurs 14 days following the date
14 the order and any notice were mailed by certified mail or
15 placed for personal delivery. The payor may combine all
16 amounts withheld for the benefit of an obligee or public
17 office into a single payment and transmit the payment with a
18 listing of obligors from whom withholding has been effected.
19 The payor shall pay the amount withheld to the obligee or
20 public office within 10 calendar days of the date income is
21 paid to the obligor in accordance with the order for
22 withholding and any subsequent notification received from the
23 public office redirecting payments. If the payor knowingly
24 fails to pay any amount withheld to the obligee or public
25 office within 10 calendar days of the date income is paid to
26 the obligor, the payor shall pay a penalty of $100 for each
27 day that the withheld amount is not paid to the obligee or
28 public office after the period of 10 calendar days has
29 expired. The failure of a payor, on more than one occasion,
30 to pay amounts withheld to the obligee or public office
31 within 10 calendar days of the date income is not paid to the
32 obligor creates a presumption that the payor knowingly failed
33 to pay the amounts. This penalty may be collected in a civil
34 action which may be brought against the payor in favor of the
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1 obligee. For purposes of this Section, a withheld amount
2 shall be considered paid by a payor on the date it is mailed
3 by the payor, or on the date an electronic funds transfer of
4 the amount has been initiated by the payor, or on the date
5 delivery of the amount has been initiated by the payor. For
6 each deduction, the payor shall provide the obligee or public
7 office, at the time of transmittal, with the date income was
8 paid from which support was withheld.
9 Upon receipt of an order requiring that a minor child be
10 named as a beneficiary of a health insurance plan available
11 through an employer or labor union or trade union, the
12 employer or labor union or trade union shall immediately
13 enroll the minor child as a beneficiary in the health
14 insurance plan designated by the court order. The employer
15 shall withhold any required premiums and pay over any amounts
16 so withheld and any additional amounts the employer pays to
17 the insurance carrier in a timely manner. The employer or
18 labor union or trade union shall mail to the obligee, within
19 15 days of enrollment or upon request, notice of the date of
20 coverage, information on the dependent coverage plan, and all
21 forms necessary to obtain reimbursement for covered health
22 expenses, such as would be made available to a new employee.
23 When an order for dependent coverage is in effect and the
24 insurance coverage is terminated or changed for any reason,
25 the employer or labor union or trade union shall notify the
26 obligee within 10 days of the termination or change date
27 along with notice of conversion privileges.
28 For withholding of income, the payor shall be entitled to
29 receive a fee not to exceed $5 per month to be taken from the
30 income to be paid to the obligor.
31 (2) Whenever the obligor is no longer receiving income
32 from the payor, the payor shall return a copy of the order
33 for withholding to the obligee or public office and shall
34 provide information for the purpose of enforcing this
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1 Section.
2 (3) Withholding of income under this Section shall be
3 made without regard to any prior or subsequent garnishments,
4 attachments, wage assignments, or any other claims of
5 creditors. Withholding of income under this Section shall
6 not be in excess of the maximum amounts permitted under the
7 federal Consumer Credit Protection Act. If the payor has been
8 served with more than one order for withholding pertaining to
9 the same obligor, the payor shall allocate income available
10 for withholding on a proportionate share basis, giving
11 priority to current support payments. If there is any income
12 available for withholding after withholding for all current
13 support obligations, the payor shall allocate the income to
14 past due support payments ordered in non-AFDC matters and
15 then to past due support payments ordered in AFDC matters,
16 both on a proportionate share basis. Payment as required by
17 the order for withholding shall be a complete defense by the
18 payor against any claims of the obligor or his creditors as
19 to the sum so paid.
20 (4) No payor shall discharge, discipline, refuse to hire
21 or otherwise penalize any obligor because of the duty to
22 withhold income.
23 (H) Petitions to Stay Service or to Modify, Suspend or
24 Terminate Orders for Withholding.
25 (1) When an obligor files a petition to stay service,
26 the court, after due notice to all parties, shall hear the
27 matter as soon as practicable and shall enter an order
28 granting or denying relief, amending the notice of
29 delinquency, amending the order for withholding, where
30 applicable, or otherwise resolving the matter. If the court
31 finds that a delinquency existed when the notice of
32 delinquency was served upon the obligor, in an amount of at
33 least one month's support obligation, or that the obligor was
34 at least 30 days late in paying all or part of the order for
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1 support, the court shall order immediate service of the order
2 for withholding. Where the court cannot promptly resolve any
3 dispute over the amount of the delinquency, the court may
4 order immediate service of the order for withholding as to
5 any undisputed amounts specified in an amended notice of
6 delinquency, and may continue the hearing on the disputed
7 amounts.
8 (2) At any time, an obligor, obligee, public office or
9 Clerk of the Circuit Court may petition the court to:
10 (a) Modify, suspend or terminate the order for
11 withholding because of a modification, suspension or
12 termination of the underlying order for support; or
13 (b) Modify the amount of income to be withheld to
14 reflect payment in full or in part of the delinquency or
15 arrearage by income withholding or otherwise; or
16 (c) Suspend the order for withholding because of
17 inability to deliver income withheld to the obligee due
18 to the obligee's failure to provide a mailing address or
19 other means of delivery.
20 (3) The obligor, obligee or public office shall serve on
21 the payor, by certified mail or personal delivery, a copy of
22 any order entered pursuant to this subsection that affects
23 the duties of the payor.
24 (4) At any time, a public office or Clerk of the Circuit
25 Court may serve a notice on the payor to:
26 (a) cease withholding of income for payment of
27 current support for a child when the support obligation
28 for that child has automatically ceased under the order
29 for support through emancipation or otherwise; or
30 (b) cease withholding of income for payment of
31 delinquency or arrearage when the delinquency or
32 arrearage has been paid in full.
33 (5) The notice provided for under paragraph (4) of this
34 subsection shall be served on the payor by ordinary mail, and
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1 a copy shall be provided to the obligor and the obligee. A
2 copy of the notice shall be filed with the Clerk of the
3 Circuit Court.
4 (6) The order for withholding shall continue to be
5 binding upon the payor until service of any order of the
6 court or notice entered or provided for under this
7 subsection.
8 (I) Additional Duties.
9 (1) An obligee who is receiving income withholding
10 payments under this Section shall notify the payor, if the
11 obligee receives the payments directly from the payor, or the
12 public office or the Clerk of the Circuit Court, as
13 appropriate, of any change of address within 7 days of such
14 change.
15 (2) An obligee who is a recipient of public aid shall
16 send a copy of any notice of delinquency filed pursuant to
17 subsection (C) to the Bureau of Child Support of the Illinois
18 Department of Revenue Public Aid.
19 (3) Each obligor shall notify the obligee and the Clerk
20 of the Circuit Court of any change of address within 7 days.
21 (4) An obligor whose income is being withheld or who has
22 been served with a notice of delinquency pursuant to this
23 Section shall notify the obligee and the Clerk of the Circuit
24 Court of any new payor, within 7 days.
25 (5) When the Illinois Department of Revenue Public Aid
26 is no longer authorized to receive payments for the obligee,
27 it shall, within 7 days, notify the payor or, where
28 appropriate, the Clerk of the Circuit Court, to redirect
29 income withholding payments to the obligee.
30 (6) The obligee or public office shall provide notice to
31 the payor and Clerk of the Circuit Court of any other support
32 payment made, including but not limited to, a set-off under
33 federal and State law or partial payment of the delinquency
34 or arrearage, or both.
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1 (7) Any public office and Clerk of the Circuit Court
2 which collects, disburses or receives payments pursuant to
3 orders for withholding shall maintain complete, accurate, and
4 clear records of all payments and their disbursements.
5 Certified copies of payment records maintained by a public
6 office or Clerk of the Circuit Court shall, without further
7 proof, be admitted into evidence in any legal proceedings
8 under this Section.
9 (8) The Illinois Department of Revenue Public Aid shall
10 design suggested legal forms for proceeding under this
11 Section and shall make available to the courts such forms and
12 informational materials which describe the procedures and
13 remedies set forth herein for distribution to all parties in
14 support actions.
15 (9) At the time of transmitting each support payment,
16 the clerk of the circuit court shall provide the obligee or
17 public office, as appropriate, with any information furnished
18 by the payor as to the date income was paid from which such
19 support was withheld.
20 (J) Penalties.
21 (1) Where a payor wilfully fails to withhold or pay over
22 income pursuant to a properly served, specially certified
23 order for withholding and any notice of delinquency, or
24 wilfully discharges, disciplines, refuses to hire or
25 otherwise penalizes an obligor as prohibited by subsection
26 (G), or otherwise fails to comply with any duties imposed by
27 this Section, the obligee, public office or obligor, as
28 appropriate, may file a complaint with the court against the
29 payor. The clerk of the circuit court shall notify the
30 obligee or public office, as appropriate, and the obligor and
31 payor of the time and place of the hearing on the complaint.
32 The court shall resolve any factual dispute including, but
33 not limited to, a denial that the payor is paying or has paid
34 income to the obligor. Upon a finding in favor of the
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1 complaining party, the court:
2 (a) Shall enter judgment and direct the enforcement
3 thereof for the total amount that the payor wilfully
4 failed to withhold or pay over; and
5 (b) May order employment or reinstatement of or
6 restitution to the obligor, or both, where the obligor
7 has been discharged, disciplined, denied employment or
8 otherwise penalized by the payor and may impose a fine
9 upon the payor not to exceed $200.
10 (2) Any obligee, public office or obligor who wilfully
11 initiates a false proceeding under this Section or who
12 wilfully fails to comply with the requirements of this
13 Section shall be punished as in cases of contempt of court.
14 (K) Alternative Procedures for Entry and Service of an Order
15 for Withholding.
16 (1) Effective January 1, 1987, in any matter in which an
17 order for withholding has not been entered for any reason,
18 based upon the last order for support that has been entered,
19 and in which the obligor has become delinquent in payment of
20 an amount equal to at least one month's support obligation
21 pursuant to the last order for support or is at least 30 days
22 late in complying with all or part of the order for support,
23 the obligee or public office may prepare and serve an order
24 for withholding pursuant to the procedures set forth in this
25 subsection.
26 (2) The obligee or public office shall:
27 (a) Prepare a proposed order for withholding for
28 immediate service as provided by paragraphs (1) and (3)
29 of subsection (B), except that the minimum 20%
30 delinquency payment shall be used;
31 (b) Prepare a notice of delinquency as provided by
32 paragraphs (1) and (2) of subsection (C), except the
33 notice shall state further that the order for withholding
34 has not been entered by the court and the conditions
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1 under which the order will be entered; and
2 (c) Serve the notice of delinquency and form
3 petition to stay service as provided by paragraph (3) of
4 subsection (C), together with the proposed order for
5 withholding, which shall be marked "COPY ONLY".
6 (3) After 20 days following service of the notice of
7 delinquency and proposed order for withholding, in lieu of
8 the provisions of subsection (E), the obligee or public
9 office shall file with the Clerk of the Circuit Court an
10 affidavit, with a copy of the notice of delinquency and
11 proposed order for withholding attached thereto, stating
12 that:
13 (a) The notice of delinquency and proposed order
14 for withholding have been served upon the obligor and the
15 date on which service was effected;
16 (b) The obligor has not filed a petition to stay
17 service within 20 days of service of such notice and
18 order; and
19 (c) The proposed order for withholding accurately
20 states the terms and amounts contained in the last order
21 for support.
22 (4) Upon the court's satisfaction that the procedures
23 set forth in this subsection have been met, it shall enter
24 the order for withholding.
25 (5) The Clerk shall then provide to the obligee or
26 public office a specially certified copy of the order for
27 withholding and the notice of delinquency indicating that the
28 preconditions for service have been met.
29 (6) The obligee or public office shall serve the
30 specially certified copies of the order for withholding and
31 the notice of delinquency on the payor, its superintendent,
32 manager or other agent by certified mail or personal
33 delivery. A proof of service shall be filed with the Clerk
34 of the Circuit Court.
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1 (7) If the obligor requests in writing that income
2 withholding become effective prior to becoming delinquent in
3 payment of an amount equal to one month's support obligation
4 pursuant to the last order for support, or prior to becoming
5 30 days late in paying all or part of the order for support,
6 the obligee or public office shall file an affidavit with the
7 Clerk of the circuit Court, with a proposed order for
8 withholding attached, stating that the proposed order
9 accurately states the terms and amounts contained in the last
10 order for support and the obligor's request for immediate
11 service. The provisions of paragraphs (4) through (6) of
12 this subsection shall apply, except that a notice of
13 delinquency shall not be required.
14 (8) All other provisions of this Section shall be
15 applicable with respect to the provisions of this subsection
16 (K), except that under paragraph (1) of subsection (H), the
17 court may also amend the proposed order for withholding to
18 conform to the last order for support.
19 (9) Nothing in this subsection shall be construed as
20 limiting the requirements of paragraph (1) of subsection (B)
21 with respect to the entry of a separate order for withholding
22 upon entry of any order for support.
23 (L) Remedies in Addition to Other Laws.
24 (1) The rights, remedies, duties and penalties created
25 by this Section are in addition to and not in substitution
26 for any other rights, remedies, duties and penalties created
27 by any other law.
28 (2) Nothing in this Section shall be construed as
29 invalidating any assignment of wages or benefits executed
30 prior to January 1, 1984.
31 (Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
32 88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
33 (Text of Section after amendment by P.A. 89-507)
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1 Sec. 706.1. Withholding of Income to Secure Payment of
2 Support.
3 (A) Definitions.
4 (1) "Order for support" means any order of the court
5 which provides for periodic payment of funds for the support
6 of a child or maintenance of a spouse, whether temporary or
7 final, and includes any such order which provides for:
8 (a) Modification or resumption of, or payment of
9 arrearage accrued under, a previously existing order;
10 (b) Reimbursement of support; or
11 (c) Enrollment in a health insurance plan that is
12 available to the obligor through an employer or labor
13 union or trade union.
14 (2) "Arrearage" means the total amount of unpaid support
15 obligations.
16 (3) "Delinquency" means any payment under an order for
17 support which becomes due and remains unpaid after an order
18 for withholding has been entered under subsection (B) or, for
19 purposes of subsection (K), after the last order for support
20 was entered for which no order for withholding was entered.
21 (4) "Income" means any form of periodic payment to an
22 individual, regardless of source, including, but not limited
23 to: wages, salary, commission, compensation as an independent
24 contractor, workers' compensation, disability, annuity and
25 retirement benefits, lottery prize awards, insurance
26 proceeds, vacation pay, bonuses, profit-sharing payments and
27 any other payments, made by any person, private entity,
28 federal or state government, any unit of local government,
29 school district or any entity created by Public Act; however,
30 "income" excludes:
31 (a) Any amounts required by law to be withheld,
32 other than creditor claims, including, but not limited
33 to, federal, State and local taxes, Social Security and
34 other retirement and disability contributions;
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1 (b) Union dues;
2 (c) Any amounts exempted by the federal Consumer
3 Credit Protection Act;
4 (d) Public assistance payments; and
5 (e) Unemployment insurance benefits except as
6 provided by law.
7 Any other State or local laws which limit or exempt
8 income or the amount or percentage of income that can be
9 withheld shall not apply.
10 (5) "Obligor" means the individual who owes a duty to
11 make payments under an order for support.
12 (6) "Obligee" means the individual to whom a duty of
13 support is owed or the individual's legal representative.
14 (7) "Payor" means any payor of income to an obligor.
15 (8) "Public office" means any elected official or any
16 State or local agency which is or may become responsible by
17 law for enforcement of, or which is or may become authorized
18 to enforce, an order for support, including, but not limited
19 to: the Attorney General, the Illinois Department of Revenue
20 Public Aid, the Illinois Department of Human Services, the
21 Illinois Department of Children and Family Services, and the
22 various State's Attorneys, Clerks of the Circuit Court and
23 supervisors of general assistance.
24 (9) "Premium" means the dollar amount for which the
25 obligor is liable to his employer or labor union or trade
26 union and which must be paid to enroll or maintain a child in
27 a health insurance plan that is available to the obligor
28 through an employer or labor union or trade union.
29 (B) Entry of an Order for Withholding.
30 (1) Upon entry of any order for support on or after
31 January 1, 1984, the court shall enter a separate order for
32 withholding which shall not take effect unless the obligor
33 becomes delinquent in paying the order for support or the
34 obligor requests an earlier effective date; except that the
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1 court may require the order for withholding to take effect
2 immediately.
3 On or after January 1, 1989, the court shall require the
4 order for withholding to take effect immediately, unless a
5 written agreement is reached between and signed by both
6 parties providing for an alternative arrangement, approved
7 and entered into the record by the court, which insures
8 payment of support. In that case, the court shall enter the
9 order for withholding which will not take effect unless the
10 obligor becomes delinquent in paying the order for support.
11 Upon entry of any order of support on or after September
12 11, 1989, if the obligor is not a United States citizen, the
13 obligor shall provide to the court the obligor's alien
14 registration number, passport number, and home country's
15 social security or national health number, if applicable; the
16 court shall make the information part of the record in the
17 case.
18 (2) An order for withholding shall be entered upon
19 petition by the obligee or public office where an order for
20 withholding has not been previously entered.
21 (3) The order for withholding shall:
22 (a) Direct any payor to withhold a dollar amount
23 equal to the order for support; and
24 (b) Direct any payor to withhold an additional
25 dollar amount, not less than 20% of the order for
26 support, until payment in full of any delinquency stated
27 in the notice of delinquency provided for in subsection
28 (C) or (F) of this Section; and
29 (c) Direct any payor or labor union or trade union
30 to enroll a child as a beneficiary of a health insurance
31 plan and withhold or cause to be withheld, if
32 applicable, any required premiums; and
33 (d) State the rights, remedies and duties of the
34 obligor under this Section; and
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1 (e) Include the obligor's Social Security Number,
2 which the obligor shall disclose to the court; and
3 (f) Include the date that withholding for current
4 support terminates, which shall be the date of
5 termination of the current support obligation set forth
6 in the order for support.
7 (4) At the time the order for withholding is entered,
8 the Clerk of the Circuit Court shall provide a copy of the
9 order for withholding and the order for support to the
10 obligor and shall make copies available to the obligee and
11 public office. Any copy of the order for withholding
12 furnished to the parties under this subsection shall be
13 stamped "Not Valid".
14 (5) The order for withholding shall remain in effect for
15 as long as the order for support upon which it is based.
16 (6) The failure of an order for withholding to state an
17 arrearage is not conclusive of the issue of whether an
18 arrearage is owing.
19 (7) Notwithstanding the provisions of this subsection,
20 if the court finds at the time of any hearing that an
21 arrearage has accrued in an amount equal to at least one
22 month's support obligation or that the obligor is 30 days
23 late in paying all or part of the order for support, the
24 court shall order immediate service of the order for
25 withholding upon the payor.
26 (8) Where the court has not required that the order for
27 withholding take effect immediately, the obligee or public
28 office may prepare and serve a notice for immediate
29 withholding upon the obligor by ordinary mail addressed to
30 the obligor at his or her last known address. The notice
31 shall state that the following circumstances have occurred:
32 (a) The parties' written agreement providing an
33 alternative arrangement to immediate withholding under
34 paragraph (1) of this subsection no longer provides for
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1 timely payment of all support due; or
2 (b) The obligor has not made timely payments in
3 that the obligor has been at least 7 days late in paying
4 all or part of the order for support any of the last 6
5 consecutive dates payments were due prior to the date of
6 the notice for immediate withholding.
7 The notice for immediate withholding shall clearly state
8 that a specially certified copy of the order for withholding
9 will be sent to the payor, unless the obligor files a
10 petition contesting immediate withholding within 20 days
11 after service of the notice; however, the grounds for the
12 petition shall be limited to a dispute concerning whether the
13 circumstances stated in the notice have occurred or the
14 identity of the obligor. It shall not be grounds for the
15 petition that the obligor has made all payments due by the
16 date of the petition.
17 If the obligor files a petition contesting immediate
18 withholding within the 20-day period required under this
19 paragraph, the Clerk of the Circuit Court shall notify the
20 obligor and the obligee or public office, as appropriate, of
21 the time and place of the hearing on the petition. Upon
22 hearing the petition, the court shall enter an order granting
23 or denying relief. It shall not be grounds for granting the
24 obligor's petition that he or she has made all payments due
25 by the date of hearing. If the court denies the obligor's
26 petition, it shall order immediate service of the order for
27 withholding and direct the clerk to provide a specially
28 certified copy of the order for withholding to the obligee or
29 public office indicating that the requirements for immediate
30 withholding under this paragraph have been met.
31 If the obligor does not file a petition contesting
32 immediate withholding within the 20-day period, the obligee
33 or public office shall file with the Clerk of the Circuit
34 Court an affidavit, with a copy of the notice for immediate
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1 withholding attached thereto, stating that the notice was
2 duly served and the date on which service was effected, and
3 that the obligor has not filed a petition contesting
4 immediate withholding. The clerk shall then provide to the
5 obligee or public office a specially certified copy of the
6 order for withholding indicating that the requirements for
7 immediate withholding under this paragraph have been met.
8 Upon receipt of a specially certified copy of the order
9 for withholding, the obligee or public office may serve the
10 order on the payor, its superintendent, manager or other
11 agent, by certified mail or personal delivery. A proof of
12 service shall be filed with the Clerk of the Circuit Court.
13 (C) Notice of Delinquency.
14 (1) Whenever an obligor becomes delinquent in payment of
15 an amount equal to at least one month's support obligation
16 pursuant to the order for support or is at least 30 days late
17 in complying with all or part of the order for support,
18 whichever occurs first, the obligee or public office may
19 prepare and serve a verified notice of delinquency, together
20 with a form petition to stay service, pursuant to paragraph
21 (3) of this subsection.
22 (2) The notice of delinquency shall recite the terms of
23 the order for support and contain a computation of the period
24 and total amount of the delinquency, as of the date of the
25 notice. The notice shall clearly state that it will be sent
26 to the payor, together with a specially certified copy of the
27 order for withholding, except as provided in subsection (F),
28 unless the obligor files a petition to stay service in
29 accordance with paragraph (1) of subsection (D).
30 (3) The notice of delinquency shall be served by
31 ordinary mail addressed to the obligor at his or her last
32 known address.
33 (4) The obligor may execute a written waiver of the
34 provisions of paragraphs (1) through (3) of this subsection
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1 and request immediate service upon the payor.
2 (D) Procedures to Avoid Income Withholding.
3 (1) Except as provided in subsection (F), the obligor
4 may prevent an order for withholding from being served by
5 filing a petition to stay service with the Clerk of the
6 Circuit Court, within 20 days after service of the notice of
7 delinquency; however, the grounds for the petition to stay
8 service shall be limited to:
9 (a) A dispute concerning the amount of current
10 support or the existence or amount of the delinquency;
11 (b) The identity of the obligor.
12 The Clerk of the Circuit Court shall notify the obligor
13 and the obligee or public office, as appropriate, of the time
14 and place of the hearing on the petition to stay service. The
15 court shall hold such hearing pursuant to the provisions of
16 subsection (H).
17 (2) Except as provided in subsection (F), filing of a
18 petition to stay service, within the 20-day period required
19 under this subsection, shall prohibit the obligee or public
20 office from serving the order for withholding on any payor of
21 the obligor.
22 (E) Initial Service of Order for Withholding.
23 (1) Except as provided in subsection (F), in order to
24 serve an order for withholding upon a payor, an obligee or
25 public office shall follow the procedures set forth in this
26 subsection. After 20 days following service of the notice of
27 delinquency, the obligee or public office shall file with the
28 Clerk of the Circuit Court an affidavit, with the copy of the
29 notice of delinquency attached thereto, stating:
30 (a) that the notice of delinquency has been duly
31 served and the date on which service was effected; and
32 (b) that the obligor has not filed a petition to
33 stay service, or in the alternative
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1 (c) that the obligor has waived the provisions of
2 subparagraphs (a) and (b) of this paragraph (1) in
3 accordance with subsection (C)(4).
4 (2) Upon request of the obligee or public office, the
5 Clerk of the Circuit Court shall: (a) make available any
6 record of payment; and (b) determine that the file contains a
7 copy of the affidavit described in paragraph (1). The Clerk
8 shall then provide to the obligee or public office a
9 specially certified copy of the order for withholding and the
10 notice of delinquency indicating that the preconditions for
11 service have been met.
12 (3) The obligee or public office may then serve the
13 notice of delinquency and order for withholding on the payor,
14 its superintendent, manager or other agent, by certified mail
15 or personal delivery. A proof of service shall be filed with
16 the Clerk of the Circuit Court.
17 (F) Subsequent Service of Order for Withholding.
18 (1) Notwithstanding the provisions of this Section, at
19 any time after the court has ordered immediate service of an
20 order for withholding or after initial service of an order
21 for withholding pursuant to subsection (E), the obligee or
22 public office may serve the order for withholding upon any
23 payor of the obligor without further notice to the obligor.
24 The obligee or public office shall provide notice to the
25 payor, pursuant to paragraph (6) of subsection (I), of any
26 payments that have been made through previous withholding or
27 any other method.
28 (2) The Clerk of the Circuit Court shall, upon request,
29 provide the obligee or public office with specially certified
30 copies of the order for withholding or the notice of
31 delinquency or both whenever the Court has ordered immediate
32 service of an order for withholding or an affidavit has been
33 placed in the court file indicating that the preconditions
34 for service have been previously met. The obligee or public
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1 office may then serve the order for withholding on the payor,
2 its superintendent, manager or other agent by certified mail
3 or personal delivery. A proof of service shall be filed with
4 the Clerk of the Circuit Court.
5 (3) If a delinquency has accrued for any reason, the
6 obligee or public office may serve a notice of delinquency
7 upon the obligor pursuant to subsection (C). The obligor may
8 prevent the notice of delinquency from being served upon the
9 payor by utilizing the procedures set forth in subsection
10 (D). If no petition to stay service has been filed within the
11 required 20 day time period, the obligee or public office may
12 serve the notice of delinquency on the payor by utilizing the
13 procedures for service set forth in subsection (E).
14 (G) Duties of Payor.
15 (1) It shall be the duty of any payor who has been
16 served with a copy of the specially certified order for
17 withholding and any notice of delinquency to deduct and pay
18 over income as provided in this subsection. The payor shall
19 deduct the amount designated in the order for withholding, as
20 supplemented by the notice of delinquency and any notice
21 provided pursuant to paragraph (6) of subsection (I),
22 beginning no later than the next payment of income which is
23 payable to the obligor that occurs 14 days following the date
24 the order and any notice were mailed by certified mail or
25 placed for personal delivery. The payor may combine all
26 amounts withheld for the benefit of an obligee or public
27 office into a single payment and transmit the payment with a
28 listing of obligors from whom withholding has been effected.
29 The payor shall pay the amount withheld to the obligee or
30 public office within 10 calendar days of the date income is
31 paid to the obligor in accordance with the order for
32 withholding and any subsequent notification received from the
33 public office redirecting payments. If the payor knowingly
34 fails to pay any amount withheld to the obligee or public
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1 office within 10 calendar days of the date income is paid to
2 the obligor, the payor shall pay a penalty of $100 for each
3 day that the withheld amount is not paid to the obligee or
4 public office after the period of 10 calendar days has
5 expired. The failure of a payor, on more than one occasion,
6 to pay amounts withheld to the obligee or public office
7 within 10 calendar days of the date income is not paid to the
8 obligor creates a presumption that the payor knowingly failed
9 to pay the amounts. This penalty may be collected in a civil
10 action which may be brought against the payor in favor of the
11 obligee. For purposes of this Section, a withheld amount
12 shall be considered paid by a payor on the date it is mailed
13 by the payor, or on the date an electronic funds transfer of
14 the amount has been initiated by the payor, or on the date
15 delivery of the amount has been initiated by the payor. For
16 each deduction, the payor shall provide the obligee or public
17 office, at the time of transmittal, with the date income was
18 paid from which support was withheld.
19 Upon receipt of an order requiring that a minor child be
20 named as a beneficiary of a health insurance plan available
21 through an employer or labor union or trade union, the
22 employer or labor union or trade union shall immediately
23 enroll the minor child as a beneficiary in the health
24 insurance plan designated by the court order. The employer
25 shall withhold any required premiums and pay over any amounts
26 so withheld and any additional amounts the employer pays to
27 the insurance carrier in a timely manner. The employer or
28 labor union or trade union shall mail to the obligee, within
29 15 days of enrollment or upon request, notice of the date of
30 coverage, information on the dependent coverage plan, and all
31 forms necessary to obtain reimbursement for covered health
32 expenses, such as would be made available to a new employee.
33 When an order for dependent coverage is in effect and the
34 insurance coverage is terminated or changed for any reason,
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1 the employer or labor union or trade union shall notify the
2 obligee within 10 days of the termination or change date
3 along with notice of conversion privileges.
4 For withholding of income, the payor shall be entitled to
5 receive a fee not to exceed $5 per month to be taken from the
6 income to be paid to the obligor.
7 (2) Whenever the obligor is no longer receiving income
8 from the payor, the payor shall return a copy of the order
9 for withholding to the obligee or public office and shall
10 provide information for the purpose of enforcing this
11 Section.
12 (3) Withholding of income under this Section shall be
13 made without regard to any prior or subsequent garnishments,
14 attachments, wage assignments, or any other claims of
15 creditors. Withholding of income under this Section shall
16 not be in excess of the maximum amounts permitted under the
17 federal Consumer Credit Protection Act. If the payor has been
18 served with more than one order for withholding pertaining to
19 the same obligor, the payor shall allocate income available
20 for withholding on a proportionate share basis, giving
21 priority to current support payments. If there is any income
22 available for withholding after withholding for all current
23 support obligations, the payor shall allocate the income to
24 past due support payments ordered in non-AFDC matters and
25 then to past due support payments ordered in AFDC matters,
26 both on a proportionate share basis. Payment as required by
27 the order for withholding shall be a complete defense by the
28 payor against any claims of the obligor or his creditors as
29 to the sum so paid.
30 (4) No payor shall discharge, discipline, refuse to hire
31 or otherwise penalize any obligor because of the duty to
32 withhold income.
33 (H) Petitions to Stay Service or to Modify, Suspend or
34 Terminate Orders for Withholding.
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1 (1) When an obligor files a petition to stay service,
2 the court, after due notice to all parties, shall hear the
3 matter as soon as practicable and shall enter an order
4 granting or denying relief, amending the notice of
5 delinquency, amending the order for withholding, where
6 applicable, or otherwise resolving the matter. If the court
7 finds that a delinquency existed when the notice of
8 delinquency was served upon the obligor, in an amount of at
9 least one month's support obligation, or that the obligor was
10 at least 30 days late in paying all or part of the order for
11 support, the court shall order immediate service of the order
12 for withholding. Where the court cannot promptly resolve any
13 dispute over the amount of the delinquency, the court may
14 order immediate service of the order for withholding as to
15 any undisputed amounts specified in an amended notice of
16 delinquency, and may continue the hearing on the disputed
17 amounts.
18 (2) At any time, an obligor, obligee, public office or
19 Clerk of the Circuit Court may petition the court to:
20 (a) Modify, suspend or terminate the order for
21 withholding because of a modification, suspension or
22 termination of the underlying order for support; or
23 (b) Modify the amount of income to be withheld to
24 reflect payment in full or in part of the delinquency or
25 arrearage by income withholding or otherwise; or
26 (c) Suspend the order for withholding because of
27 inability to deliver income withheld to the obligee due
28 to the obligee's failure to provide a mailing address or
29 other means of delivery.
30 (3) The obligor, obligee or public office shall serve on
31 the payor, by certified mail or personal delivery, a copy of
32 any order entered pursuant to this subsection that affects
33 the duties of the payor.
34 (4) At any time, a public office or Clerk of the Circuit
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1 Court may serve a notice on the payor to:
2 (a) cease withholding of income for payment of
3 current support for a child when the support obligation
4 for that child has automatically ceased under the order
5 for support through emancipation or otherwise; or
6 (b) cease withholding of income for payment of
7 delinquency or arrearage when the delinquency or
8 arrearage has been paid in full.
9 (5) The notice provided for under paragraph (4) of this
10 subsection shall be served on the payor by ordinary mail, and
11 a copy shall be provided to the obligor and the obligee. A
12 copy of the notice shall be filed with the Clerk of the
13 Circuit Court.
14 (6) The order for withholding shall continue to be
15 binding upon the payor until service of any order of the
16 court or notice entered or provided for under this
17 subsection.
18 (I) Additional Duties.
19 (1) An obligee who is receiving income withholding
20 payments under this Section shall notify the payor, if the
21 obligee receives the payments directly from the payor, or the
22 public office or the Clerk of the Circuit Court, as
23 appropriate, of any change of address within 7 days of such
24 change.
25 (2) An obligee who is a recipient of public aid shall
26 send a copy of any notice of delinquency filed pursuant to
27 subsection (C) to the Bureau of Child Support of the Illinois
28 Department of Revenue Public Aid.
29 (3) Each obligor shall notify the obligee and the Clerk
30 of the Circuit Court of any change of address within 7 days.
31 (4) An obligor whose income is being withheld or who has
32 been served with a notice of delinquency pursuant to this
33 Section shall notify the obligee and the Clerk of the Circuit
34 Court of any new payor, within 7 days.
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1 (5) When the Illinois Department of Revenue Public Aid
2 is no longer authorized to receive payments for the obligee,
3 it shall, within 7 days, notify the payor or, where
4 appropriate, the Clerk of the Circuit Court, to redirect
5 income withholding payments to the obligee.
6 (6) The obligee or public office shall provide notice to
7 the payor and Clerk of the Circuit Court of any other support
8 payment made, including but not limited to, a set-off under
9 federal and State law or partial payment of the delinquency
10 or arrearage, or both.
11 (7) Any public office and Clerk of the Circuit Court
12 which collects, disburses or receives payments pursuant to
13 orders for withholding shall maintain complete, accurate, and
14 clear records of all payments and their disbursements.
15 Certified copies of payment records maintained by a public
16 office or Clerk of the Circuit Court shall, without further
17 proof, be admitted into evidence in any legal proceedings
18 under this Section.
19 (8) The Illinois Department of Revenue Public Aid shall
20 design suggested legal forms for proceeding under this
21 Section and shall make available to the courts such forms and
22 informational materials which describe the procedures and
23 remedies set forth herein for distribution to all parties in
24 support actions.
25 (9) At the time of transmitting each support payment,
26 the clerk of the circuit court shall provide the obligee or
27 public office, as appropriate, with any information furnished
28 by the payor as to the date income was paid from which such
29 support was withheld.
30 (J) Penalties.
31 (1) Where a payor wilfully fails to withhold or pay over
32 income pursuant to a properly served, specially certified
33 order for withholding and any notice of delinquency, or
34 wilfully discharges, disciplines, refuses to hire or
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1 otherwise penalizes an obligor as prohibited by subsection
2 (G), or otherwise fails to comply with any duties imposed by
3 this Section, the obligee, public office or obligor, as
4 appropriate, may file a complaint with the court against the
5 payor. The clerk of the circuit court shall notify the
6 obligee or public office, as appropriate, and the obligor and
7 payor of the time and place of the hearing on the complaint.
8 The court shall resolve any factual dispute including, but
9 not limited to, a denial that the payor is paying or has paid
10 income to the obligor. Upon a finding in favor of the
11 complaining party, the court:
12 (a) Shall enter judgment and direct the enforcement
13 thereof for the total amount that the payor wilfully
14 failed to withhold or pay over; and
15 (b) May order employment or reinstatement of or
16 restitution to the obligor, or both, where the obligor
17 has been discharged, disciplined, denied employment or
18 otherwise penalized by the payor and may impose a fine
19 upon the payor not to exceed $200.
20 (2) Any obligee, public office or obligor who wilfully
21 initiates a false proceeding under this Section or who
22 wilfully fails to comply with the requirements of this
23 Section shall be punished as in cases of contempt of court.
24 (K) Alternative Procedures for Entry and Service of an Order
25 for Withholding.
26 (1) Effective January 1, 1987, in any matter in which an
27 order for withholding has not been entered for any reason,
28 based upon the last order for support that has been entered,
29 and in which the obligor has become delinquent in payment of
30 an amount equal to at least one month's support obligation
31 pursuant to the last order for support or is at least 30 days
32 late in complying with all or part of the order for support,
33 the obligee or public office may prepare and serve an order
34 for withholding pursuant to the procedures set forth in this
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1 subsection.
2 (2) The obligee or public office shall:
3 (a) Prepare a proposed order for withholding for
4 immediate service as provided by paragraphs (1) and (3)
5 of subsection (B), except that the minimum 20%
6 delinquency payment shall be used;
7 (b) Prepare a notice of delinquency as provided by
8 paragraphs (1) and (2) of subsection (C), except the
9 notice shall state further that the order for withholding
10 has not been entered by the court and the conditions
11 under which the order will be entered; and
12 (c) Serve the notice of delinquency and form
13 petition to stay service as provided by paragraph (3) of
14 subsection (C), together with the proposed order for
15 withholding, which shall be marked "COPY ONLY".
16 (3) After 20 days following service of the notice of
17 delinquency and proposed order for withholding, in lieu of
18 the provisions of subsection (E), the obligee or public
19 office shall file with the Clerk of the Circuit Court an
20 affidavit, with a copy of the notice of delinquency and
21 proposed order for withholding attached thereto, stating
22 that:
23 (a) The notice of delinquency and proposed order
24 for withholding have been served upon the obligor and the
25 date on which service was effected;
26 (b) The obligor has not filed a petition to stay
27 service within 20 days of service of such notice and
28 order; and
29 (c) The proposed order for withholding accurately
30 states the terms and amounts contained in the last order
31 for support.
32 (4) Upon the court's satisfaction that the procedures
33 set forth in this subsection have been met, it shall enter
34 the order for withholding.
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1 (5) The Clerk shall then provide to the obligee or
2 public office a specially certified copy of the order for
3 withholding and the notice of delinquency indicating that the
4 preconditions for service have been met.
5 (6) The obligee or public office shall serve the
6 specially certified copies of the order for withholding and
7 the notice of delinquency on the payor, its superintendent,
8 manager or other agent by certified mail or personal
9 delivery. A proof of service shall be filed with the Clerk
10 of the Circuit Court.
11 (7) If the obligor requests in writing that income
12 withholding become effective prior to becoming delinquent in
13 payment of an amount equal to one month's support obligation
14 pursuant to the last order for support, or prior to becoming
15 30 days late in paying all or part of the order for support,
16 the obligee or public office shall file an affidavit with the
17 Clerk of the circuit Court, with a proposed order for
18 withholding attached, stating that the proposed order
19 accurately states the terms and amounts contained in the last
20 order for support and the obligor's request for immediate
21 service. The provisions of paragraphs (4) through (6) of
22 this subsection shall apply, except that a notice of
23 delinquency shall not be required.
24 (8) All other provisions of this Section shall be
25 applicable with respect to the provisions of this subsection
26 (K), except that under paragraph (1) of subsection (H), the
27 court may also amend the proposed order for withholding to
28 conform to the last order for support.
29 (9) Nothing in this subsection shall be construed as
30 limiting the requirements of paragraph (1) of subsection (B)
31 with respect to the entry of a separate order for withholding
32 upon entry of any order for support.
33 (L) Remedies in Addition to Other Laws.
34 (1) The rights, remedies, duties and penalties created
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1 by this Section are in addition to and not in substitution
2 for any other rights, remedies, duties and penalties created
3 by any other law.
4 (2) Nothing in this Section shall be construed as
5 invalidating any assignment of wages or benefits executed
6 prior to January 1, 1984.
7 (Source: P.A. 88-26; 88-45; 88-94; 88-131; 88-307; 88-670,
8 eff. 12-2-94; 89-507, eff. 7-1-97.)
9 (750 ILCS 5/709) (from Ch. 40, par. 709)
10 Sec. 709. Mandatory child support payments to clerk.
11 (a) As of January 1, 1982, child support orders entered
12 in any county covered by this subsection shall be made
13 pursuant to the provisions of Sections 709 through 712 of
14 this Act. For purposes of these Sections, the term "child
15 support payment" or "payment" shall include any payment
16 ordered to be made solely for the purpose of the support of a
17 child or children or any payment ordered for general support
18 which includes any amount for support of any child or
19 children.
20 The provisions of Sections 709 through 712 shall be
21 applicable to any county with a population of 2 million or
22 more and to any other county which notifies the Supreme Court
23 of its desire to be included within the coverage of these
24 Sections and is certified pursuant to Supreme Court Rules.
25 The effective date of inclusion, however, shall be
26 subject to approval of the application for reimbursement of
27 the costs of the support program by the Department of Public
28 Aid as provided in Section 712.
29 On and after the effective date of this amendatory Act of
30 1997, any reference to the Illinois Department of Public Aid
31 in this Section shall be a reference to the Department of
32 Revenue and any reference to the Public Assistance Recoveries
33 Trust Fund shall be a reference to the Child Support
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1 Recoveries Trust Fund.
2 (b) In any proceeding for a dissolution of marriage,
3 legal separation, or declaration of invalidity of marriage,
4 or in any supplementary proceedings in which a judgment or
5 modification thereof for the payment of child support is
6 entered on or after January 1, 1982, in any county covered by
7 Sections 709 through 712, and the person entitled to payment
8 is receiving a grant of financial aid under Article IV of the
9 Illinois Public Aid Code or has applied and qualified for
10 support services under Section 10-1 of that Code, the court
11 shall direct: (1) that such payments be made to the clerk of
12 the court and (2) that the parties affected shall each
13 thereafter notify the clerk of any change of address or
14 change in other conditions that may affect the administration
15 of the order, including the fact that a party who was
16 previously not on public aid has become a recipient of public
17 aid, within 10 days of such change. All notices sent to the
18 obligor's last known address on file with the clerk shall be
19 deemed sufficient to proceed with enforcement pursuant to the
20 provisions of Sections 709 through 712.
21 In all other cases, the court may direct that payments be
22 made to the clerk of the court.
23 (c) Except as provided in subsection (d) of this
24 Section, the clerk shall disburse the payments to the person
25 or persons entitled thereto under the terms of the order or
26 judgment.
27 (d) The court shall determine, prior to the entry of the
28 support order, if the party who is to receive the support is
29 presently receiving public aid or has a current application
30 for public aid pending and shall enter the finding on the
31 record.
32 If the person entitled to payment is a recipient of aid
33 under the Illinois Public Aid Code, the clerk, upon being
34 informed of this fact by finding of the court, by
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1 notification by the party entitled to payment, by the
2 Illinois Department of Public Aid or by the local
3 governmental unit, shall make all payments to: (1) the
4 Illinois Department of Public Aid if the person is a
5 recipient under Article III, IV, or V of the Code or (2) the
6 local governmental unit responsible for his or her support if
7 the person is a recipient under Article VI or VII of the
8 Code. In accordance with federal law and regulations, the
9 Illinois Department of Public Aid may continue to collect
10 current maintenance payments or child support payments, or
11 both, after those persons cease to receive public assistance
12 and until termination of services under Article X of the
13 Illinois Public Aid Code. The Illinois Department of Public
14 Aid shall pay the net amount collected to those persons after
15 deducting any costs incurred in making the collection or any
16 collection fee from the amount of any recovery made. Upon
17 termination of public aid payments to such a recipient or
18 termination of services under Article X of the Illinois
19 Public Aid Code, the Illinois Department of Public Aid or the
20 appropriate local governmental unit shall notify the clerk in
21 writing or by electronic transmission that all subsequent
22 payments are to be sent directly to the person entitled
23 thereto.
24 Upon notification in writing or by electronic
25 transmission from the Illinois Department of Public Aid to
26 the clerk of the court that a person who is receiving support
27 payments under this Section is receiving services under the
28 Child Support Enforcement Program established by Title IV-D
29 of the 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 until the Department gives notice to the clerk
33 of the court to cease the transmittal. After providing the
34 notification authorized under this paragraph, the Illinois
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1 Department of Public Aid shall be entitled as a party to
2 notice of any further proceedings in the case. The clerk of
3 the court shall file a copy of the Illinois Department of
4 Public Aid's notification in the court file. The failure of
5 the clerk to file a copy of the notification in the court
6 file shall not, however, affect the Illinois Department of
7 Public Aid's right to receive notice of further proceedings.
8 Payments under this Section to the Illinois Department of
9 Public Aid pursuant to the Child Support Enforcement Program
10 established by Title IV-D of the Social Security Act shall be
11 paid into the Child Support Enforcement Trust Fund. All other
12 payments under this Section to the Illinois Department of
13 Public Aid shall be deposited in the Public Assistance
14 Recoveries Trust Fund. Disbursements from these funds shall
15 be as provided in the Illinois Public Aid Code. Payments
16 received by a local governmental unit shall be deposited in
17 that unit's General Assistance Fund.
18 (e) Any order or judgment may be amended by the court,
19 upon its own motion or upon the motion of either party, to
20 conform with the provisions of Sections 709 through 712,
21 either as to the requirement of making payments to the clerk
22 or, where payments are already being made to the clerk, as to
23 the statutory fees provided for under Section 711.
24 (f) The clerk may invest in any interest bearing account
25 or in any securities, monies collected for the benefit of a
26 payee, where such payee cannot be found; however, the
27 investment may be only for the period until the clerk is able
28 to locate and present the payee with such monies. The clerk
29 may invest in any interest bearing account, or in any
30 securities, monies collected for the benefit of any other
31 payee; however, this does not alter the clerk's obligation to
32 make payments to the payee in a timely manner. Any interest
33 or capital gains accrued shall be for the benefit of the
34 county and shall be paid into the special fund established in
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1 subsection (b) of Section 711.
2 (g) The clerk shall establish and maintain a payment
3 record of all monies received and disbursed and such record
4 shall constitute prima facie evidence of such payment and
5 non-payment, as the case may be.
6 (h) For those cases in which child support is payable to
7 the clerk of the circuit court for transmittal to the
8 Illinois Department of Public Aid by order of court or upon
9 notification by the Illinois Department of Public Aid, the
10 clerk shall transmit all such payments, within 4 working days
11 of receipt, to insure that funds are available for immediate
12 distribution by the Department to the person or entity
13 entitled thereto in accordance with standards of the Child
14 Support Enforcement Program established under Title IV-D of
15 the Social Security Act. The clerk shall notify the
16 Department of the date of receipt and amount thereof at the
17 time of transmittal. Where the clerk has entered into an
18 agreement of cooperation with the Department to record the
19 terms of child support orders and payments made thereunder
20 directly into the Department's automated data processing
21 system, the clerk shall account for, transmit and otherwise
22 distribute child support payments in accordance with such
23 agreement in lieu of the requirements contained herein.
24 (Source: P.A. 87-1252; 88-687, eff. 1-24-95.)
25 (750 ILCS 5/712) (from Ch. 40, par. 712)
26 Sec. 712. (a) The Supreme Court may make Rules
27 concerning the certification of counties for inclusion in the
28 child support enforcement program and the application of the
29 procedures created by Sections 709 through 712 in the various
30 counties.
31 The Supreme Court shall inform each circuit court and
32 clerk of the court of the availability of the program to
33 reimburse counties desiring to participate in the program of
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1 enforcement of child support payments.
2 The Supreme Court shall also distribute to each circuit
3 court and clerk of the court any materials prepared by the
4 Child and Spouse Support Unit comparing child support
5 enforcement in counties included and not included in this
6 program.
7 (b) The Illinois Department of Revenue Public Aid,
8 through the Child and Spouse Support Unit provided for by
9 Section 10-3.1 of The Illinois Public Aid Code, shall have
10 general supervision of the child support programs created by
11 Sections 709 through 712 and shall have the powers and duties
12 provided in this Section, including the following:
13 (1) to make advance payments to any county included in
14 the program for expenses in preparing programs to enforce
15 payment of child support to the clerk from appropriations
16 made for such purposes by the General Assembly;
17 (2) to make payments to each covered county to pay for
18 its reasonable expenses actually necessary to maintain a
19 continuing program not paid for by fees, penalties, or other
20 monies; provided that, with respect to that portion of the
21 program on behalf of dependent children included in a grant
22 of financial aid under Article IV of The Illinois Public Aid
23 Code the Unit shall pay only such expenses as is its current
24 practice or as it may deem appropriate; provided further that
25 the Unit shall only pay expenses of the entire program
26 subject to the availability of federal monies to pay the
27 majority of expenses of the entire child support enforcement
28 program; provided further that the Unit or Department may set
29 standards relating to enforcement which have to be met by any
30 county seeking to enter a contract with the Department for
31 reimbursement of expenses of the entire enforcement program
32 prior to an application for reimbursement being approved and
33 the contract granted; and provided further that such
34 standards may relate to, but are not limited to the following
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1 factors: maintenance of the payment record, the definition of
2 delinquency; the period of time in which a delinquency must
3 be determined, the payor notified, the remittance received,
4 the referral to the state's attorney made, and the payment
5 remitted by the clerk to the payee or other party entitled to
6 the payment; the conditions under which referral will not be
7 made to the state's attorney; and the definitions and
8 procedures for other matters necessary for the conduct and
9 operation of the program;
10 (3) to monitor the various local programs for
11 enforcement of child support payments to the clerk;
12 (4) to act to encourage enforcement whenever local
13 enforcement procedures are inadequate;
14 (5) to receive monies from any source for assistance in
15 enforcement of child support; and
16 (6) to assist any county desirous of assistance in
17 establishing and maintaining a child support enforcement
18 program.
19 (c) Any county may apply for financial assistance to the
20 Unit to initiate or maintain a program of child support
21 enforcement. Every county which desires such assistance
22 shall apply according to procedures established by the Unit.
23 In its application, it shall state the following: financial
24 needs, personnel requirements, anticipated caseloads, any
25 amounts collected or anticipated in fees or penalties, and
26 any other information required by the Unit.
27 (d) In the case that any advance money is given to any
28 county under this Section to initiate an enforcement system,
29 the county shall reimburse the state within 2 years from the
30 date such monies are given to it. The Unit may establish an
31 appropriate schedule of reimbursement for any county.
32 (e) In the event of the unavailability of federal monies
33 to pay for the greater part of the costs to a county of the
34 child support enforcement program under Sections 709 through
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1 712 and the resulting cessation of state participation, the
2 operation of the child support enforcement program under
3 Sections 709 through 712 shall terminate. The date and the
4 method of termination shall be determined by Supreme Court
5 Rule.
6 (Source: P.A. 84-1395.)
7 Section 30. The Non-Support of Spouse and Children Act is
8 amended by changing Sections 2.1, 4.1, and 11 as follows:
9 (750 ILCS 15/2.1) (from Ch. 40, par. 1105)
10 Sec. 2.1. Support payments; receiving and disbursing
11 agents.
12 (1) In actions instituted under this Act on and after
13 August 14, 1961, involving a minor child or children, the
14 Court, except in actions instituted on or after August 26,
15 1969, in which the support payments are in behalf of a
16 recipient of aid under the Illinois Public Aid Code, shall
17 direct that moneys ordered to be paid for support under
18 Sections 3 and 4 of this Act shall be paid to the clerk of
19 the court in counties of less than 3 million population, and
20 in counties of 3 million or more population, to the clerk or
21 probation officer of the court or to the Court Service
22 Division of the County Department of Public Aid. After the
23 effective date of this amendatory Act of 1975, the court
24 shall direct that such support moneys be paid to the clerk or
25 probation officer or the Illinois Department of Public Aid.
26 However, the court in its discretion may direct otherwise
27 where exceptional circumstances so warrant. If payment is to
28 be made to persons other than the clerk or probation officer,
29 the Court Service Division of the County Department of Public
30 Aid, or the Illinois Department of Public Aid, the judgment
31 or order of support shall set forth the facts of the
32 exceptional circumstances.
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1 On and after the effective date of this amendatory Act of
2 1997, any reference to the Illinois Department of Public Aid
3 in this Section shall be a reference to the Department of
4 Revenue and any reference to the Public Assistance Recoveries
5 Trust Fund shall be a reference to the Child Support
6 Recoveries Trust Fund.
7 (2) In actions instituted after August 26, 1969, where
8 the support payments are in behalf of spouses, children, or
9 both, who are recipients of aid under the Illinois Public Aid
10 Code, the court shall order the payments to be made directly
11 to (1) the Illinois Department of Public Aid if the person is
12 a recipient under Articles III, IV or V of the Code, or (2)
13 to the local governmental unit responsible for the support of
14 the person if he or she is a recipient under Articles VI or
15 VII of the Code. In accordance with federal law and
16 regulations, the Illinois Department of Public Aid may
17 continue to collect current maintenance payments or child
18 support payments, or both, after those persons cease to
19 receive public assistance and until termination of services
20 under Article X of the Illinois Public Aid Code. The
21 Illinois Department of Public Aid shall pay the net amount
22 collected to those persons after deducting any costs incurred
23 in making the collection or any collection fee from the
24 amount of any recovery made. The order shall permit the
25 Illinois Department of Public Aid or the local governmental
26 unit, as the case may be, to direct that support payments be
27 made directly to the spouse, children, or both, or to some
28 person or agency in their behalf, upon removal of the spouse
29 or children from the public aid rolls or upon termination of
30 services under Article X of the Illinois Public Aid Code; and
31 upon such direction, the Illinois Department or the local
32 governmental unit, as the case requires, shall give notice of
33 such action to the court in writing or by electronic
34 transmission.
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1 (3) The clerks, probation officers, and the Court
2 Service Division of the County Department of Public Aid in
3 counties of 3 million or more population, and, after the
4 effective date of this amendatory Act of 1975, the clerks,
5 probation officers, and the Illinois Department of Public
6 Aid, shall disburse moneys paid to them to the person or
7 persons entitled thereto under the order of the Court. They
8 shall establish and maintain current records of all moneys
9 received and disbursed and of delinquencies and defaults in
10 required payments. The Court, by order or rule, shall make
11 provision for the carrying out of these duties.
12 Upon notification in writing or by electronic
13 transmission from the Illinois Department of Public Aid to
14 the clerk of the court that a person who is receiving support
15 payments under this Section is receiving services under the
16 Child Support Enforcement Program established by Title IV-D
17 of the Social Security Act, any support payments subsequently
18 received by the clerk of the court shall be transmitted in
19 accordance with the instructions of the Illinois Department
20 of Public Aid until the Department gives notice to cease the
21 transmittal. After providing the notification authorized
22 under this paragraph, the Illinois Department of Public Aid
23 shall be entitled as a party to notice of any further
24 proceedings in the case. The clerk of the court shall file a
25 copy of the Illinois Department of Public Aid's notification
26 in the court file. The failure of the clerk to file a copy
27 of the notification in the court file shall not, however,
28 affect the Illinois Department of Public Aid's right to
29 receive notice of further proceedings.
30 (4) Payments under this Section to the Illinois
31 Department of Public Aid pursuant to the Child Support
32 Enforcement Program established by Title IV-D of the Social
33 Security Act shall be paid into the Child Support Enforcement
34 Trust Fund. All other payments under this Section to the
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1 Illinois Department of Public Aid shall be deposited in the
2 Public Assistance Recoveries Trust Fund. Disbursements from
3 these funds shall be as provided in the Illinois Public Aid
4 Code. Payments received by a local governmental unit shall be
5 deposited in that unit's General Assistance Fund.
6 (5) Orders and assignments entered or executed prior to
7 the Act approved August 14, 1961 shall not be affected
8 thereby. Employers served with wage assignments executed
9 prior to that date shall comply with the terms thereof.
10 However, the Court, on petition of the state's attorney, or
11 of the Illinois Department of Public Aid or local
12 governmental unit in respect to recipients of public aid, may
13 order the execution of new assignments and enter new orders
14 designating the clerk, probation officer, or the Illinois
15 Department of Public Aid or appropriate local governmental
16 unit in respect to payments in behalf of recipients of public
17 aid, as the person or agency authorized to receive and
18 disburse the salary or wages assigned. On like petition the
19 Court may enter new orders designating such officers,
20 agencies or governmental units to receive and disburse the
21 payments ordered under Section 4.
22 (6) For those cases in which child support is payable to
23 the clerk of the circuit court for transmittal to the
24 Illinois Department of Public Aid by order of court or upon
25 notification by the Illinois Department of Public Aid, the
26 clerk shall transmit all such payments, within 4 working days
27 of receipt, to insure that funds are available for immediate
28 distribution by the Department to the person or entity
29 entitled thereto in accordance with standards of the Child
30 Support Enforcement Program established under Title IV-D of
31 the Social Security Act. The clerk shall notify the
32 Department of the date of receipt and amount thereof at the
33 time of transmittal. Where the clerk has entered into an
34 agreement of cooperation with the Department to record the
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1 terms of child support orders and payments made thereunder
2 directly into the Department's automated data processing
3 system, the clerk shall account for, transmit and otherwise
4 distribute child support payments in accordance with such
5 agreement in lieu of the requirements contained herein.
6 (Source: P.A. 88-687, eff. 1-24-95.)
7 (750 ILCS 15/4.1) (from Ch. 40, par. 1107.1)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 4.1. Withholding of Income to Secure Payment of
10 Support.
11 (A) Definitions.
12 (1) "Order for support" means any order of the court
13 which provides for periodic payment of funds for the support
14 of a child or maintenance of a spouse, whether temporary or
15 final, and includes any such order which provides for:
16 (a) Modification or resumption of, or payment of
17 arrearage accrued under, a previously existing order;
18 (b) Reimbursement of support; or
19 (c) Enrollment in a health insurance plan that is
20 available to the obligor through an employer or labor
21 union or trade union.
22 (2) "Arrearage" means the total amount of unpaid support
23 obligations.
24 (3) "Delinquency" means any payment under an order for
25 support which becomes due and remains unpaid after an order
26 for withholding has been entered under subsection (B) or, for
27 purposes of subsection (K), after the last order for support
28 was entered for which no order for withholding was entered.
29 (4) "Income" means any form of periodic payment to an
30 individual, regardless of source, including, but not limited
31 to: wages, salary, commission, compensation as an independent
32 contractor, workers' compensation, disability, annuity and
33 retirement benefits, lottery prize awards, insurance
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1 proceeds, vacation pay, bonuses, profit-sharing payments and
2 any other payments, made by any person, private entity,
3 federal or state government, any unit of local government,
4 school district or any entity created by Public Act; however,
5 "income" excludes:
6 (a) Any amounts required by law to be withheld,
7 other than creditor claims, including, but not limited
8 to, federal, State and local taxes, Social Security and
9 other retirement and disability contributions;
10 (b) Union dues;
11 (c) Any amounts exempted by the federal Consumer
12 Credit Protection Act;
13 (d) Public assistance payments; and
14 (e) Unemployment insurance benefits except as
15 provided by law.
16 Any other State or local laws which limit or exempt
17 income or the amount or percentage of income that can be
18 withheld shall not apply.
19 (5) "Obligor" means the individual who owes a duty to
20 make payments under an order for support.
21 (6) "Obligee" means the individual to whom a duty of
22 support is owed or the individual's legal representative.
23 (7) "Payor" means any payor of income to an obligor.
24 (8) "Public office" means any elected official or any
25 State or local agency which is or may become responsible by
26 law for enforcement of, or which is or may become authorized
27 to enforce, an order for support, including, but not limited
28 to: the Attorney General, the Illinois Department of Revenue
29 Public Aid, the Illinois Department of Mental Health and
30 Developmental Disabilities, the Illinois Department of
31 Children and Family Services, and the various State's
32 Attorneys, Clerks of the Circuit Court and supervisors of
33 general assistance.
34 (9) "Premium" means the dollar amount for which the
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1 obligor is liable to his employer or labor union or trade
2 union and which must be paid to enroll or maintain a child in
3 a health insurance plan that is available to the obligor
4 through an employer or labor union or trade union.
5 (B) Entry of an Order for Withholding.
6 (1) Upon entry of any order for support on or after
7 January 1, 1984, the court shall enter a separate order for
8 withholding which shall not take effect unless the obligor
9 becomes delinquent in paying the order for support or the
10 obligor requests an earlier effective date; except that the
11 court may require the order for withholding to take effect
12 immediately.
13 On or after January 1, 1989, the court shall require the
14 order for withholding to take effect immediately, unless a
15 written agreement is reached between and signed by both
16 parties providing for an alternative arrangement, approved
17 and entered into the record by the court, which insures
18 payment of support. In that case, the court shall enter the
19 order for withholding which will not take effect unless the
20 obligor becomes delinquent in paying the order for support.
21 Upon entry of any order of support on or after September
22 11, 1989, if the obligor is not a United States citizen, the
23 obligor shall provide to the court the obligor's alien
24 registration number, passport number, and home country's
25 social security or national health number, if applicable; the
26 court shall make the information part of the record in the
27 case.
28 (2) An order for withholding shall be entered upon
29 petition by the obligee or public office where an order for
30 withholding has not been previously entered.
31 (3) The order for withholding shall:
32 (a) Direct any payor to withhold a dollar amount
33 equal to the order for support; and
34 (b) Direct any payor to withhold an additional
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1 dollar amount, not less than 20% of the order for
2 support, until payment in full of any delinquency stated
3 in the notice of delinquency provided for in subsection
4 (C) or (F) of this Section; and
5 (c) Direct any payor or labor union or trade union
6 to enroll a child as a beneficiary of a health insurance
7 plan and withhold or cause to be withheld, if applicable,
8 any required premiums; and
9 (d) State the rights, remedies and duties of the
10 obligor under this Section; and
11 (e) Include the obligor's Social Security Number,
12 which the obligor shall disclose to the court; and
13 (f) Include the date that withholding for current
14 support terminates, which shall be the date of
15 termination of the current support obligation set forth
16 in the order for support.
17 (4) At the time the order for withholding is entered,
18 the Clerk of the Circuit Court shall provide a copy of the
19 order for withholding and the order for support to the
20 obligor and shall make copies available to the obligee and
21 public office. Any copy of the order for withholding
22 furnished to the parties under this subsection shall be
23 stamped "Not Valid".
24 (5) The order for withholding shall remain in effect for
25 as long as the order for support upon which it is based.
26 (6) The failure of an order for withholding to state an
27 arrearage is not conclusive of the issue of whether an
28 arrearage is owing.
29 (7) Notwithstanding the provisions of this subsection,
30 if the court finds at the time of any hearing that an
31 arrearage has accrued in an amount equal to at least one
32 month's support obligation or that the obligor is 30 days
33 late in paying all or part of the order for support, the
34 court shall order immediate service of the order for
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1 withholding upon the payor.
2 (8) Where the court has not required that the order for
3 withholding take effect immediately, the obligee or public
4 office may prepare and serve a notice for immediate
5 withholding upon the obligor by ordinary mail addressed to
6 the obligor at his or her last known address. The notice
7 shall state that the following circumstances have occurred:
8 (a) The parties' written agreement providing an
9 alternative arrangement to immediate withholding under
10 paragraph (1) of this subsection no longer provides for
11 timely payment of all support due; or
12 (b) The obligor has not made timely payments in
13 that the obligor has been at least 7 days late in paying
14 all or part of the order for support any of the last 6
15 consecutive dates payments were due prior to the date of
16 the notice for immediate withholding.
17 The notice for immediate withholding shall clearly state
18 that a specially certified copy of the order for withholding
19 will be sent to the payor, unless the obligor files a
20 petition contesting immediate withholding within 20 days
21 after service of the notice; however, the grounds for the
22 petition shall be limited to a dispute concerning whether the
23 circumstances stated in the notice have occurred or the
24 identity of the obligor. It shall not be grounds for the
25 petition that the obligor has made all payments due by the
26 date of the petition.
27 If the obligor files a petition contesting immediate
28 withholding within the 20-day period required under this
29 paragraph, the Clerk of the Circuit Court shall notify the
30 obligor and the obligee or public office, as appropriate, of
31 the time and place of the hearing on the petition. Upon
32 hearing the petition, the court shall enter an order granting
33 or denying relief. It shall not be grounds for granting the
34 obligor's petition that he or she has made all payments due
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1 by the date of hearing. If the court denies the obligor's
2 petition, it shall order immediate service of the order for
3 withholding, and direct the clerk to provide a specially
4 certified copy of the order for withholding to the obligee or
5 public office indicating that the requirements for immediate
6 withholding under this paragraph have been met.
7 If the obligor does not file a petition contesting
8 immediate withholding within the 20-day period, the obligee
9 or public office shall file with the Clerk of the Circuit
10 Court an affidavit, with a copy of the notice for immediate
11 withholding attached thereto, stating that the notice was
12 duly served and the date on which service was effected, and
13 that the obligor has not filed a petition contesting
14 immediate withholding. The clerk shall then provide to the
15 obligee or public office a specially certified copy of the
16 order for withholding indicating that the requirements for
17 immediate withholding under this paragraph have been met.
18 Upon receipt of a specially certified copy of the order
19 for withholding, the obligee or public office may serve the
20 order on the payor, its superintendent, manager or other
21 agent, by certified mail or personal delivery. A proof of
22 service shall be filed with the Clerk of the Circuit Court.
23 (C) Notice of Delinquency.
24 (1) Whenever an obligor becomes delinquent in payment of
25 an amount equal to at least one month's support obligation
26 pursuant to the order for support or is at least 30 days late
27 in complying with all or part of the order for support,
28 whichever occurs first, the obligee or public office may
29 prepare and serve a verified notice of delinquency, together
30 with a form petition to stay service, pursuant to paragraph
31 (3) of this subsection.
32 (2) The notice of delinquency shall recite the terms of
33 the order for support and contain a computation of the period
34 and total amount of the delinquency, as of the date of the
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1 notice. The notice shall clearly state that it will be sent
2 to the payor, together with a specially certified copy of the
3 order for withholding, except as provided in subsection (F),
4 unless the obligor files a petition to stay service in
5 accordance with paragraph (1) of subsection (D).
6 (3) The notice of delinquency shall be served by
7 ordinary mail addressed to the obligor at his or her last
8 known address.
9 (4) The obligor may execute a written waiver of the
10 provisions of paragraphs (1) through (3) of this subsection
11 and request immediate service upon the payor.
12 (D) Procedures to Avoid Income Withholding.
13 (1) Except as provided in subsection (F), the obligor
14 may prevent an order for withholding from being served by
15 filing a petition to stay service with the Clerk of the
16 Circuit Court, within 20 days after service of the notice of
17 delinquency; however, the grounds for the petition to stay
18 service shall be limited to:
19 (a) A dispute concerning the amount of current
20 support or the existence or amount of the delinquency;
21 (b) The identity of the obligor.
22 The Clerk of the Circuit Court shall notify the obligor
23 and the obligee or public office, as appropriate, of the time
24 and place of the hearing on the petition to stay service. The
25 court shall hold such hearing pursuant to the provisions of
26 subsection (H).
27 (2) Except as provided in subsection (F), filing of a
28 petition to stay service, within the 20-day period required
29 under this subsection, shall prohibit the obligee or public
30 office from serving the order for withholding on any payor of
31 the obligor.
32 (E) Initial Service of Order for Withholding.
33 (1) Except as provided in subsection (F), in order to
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1 serve an order for withholding upon a payor, an obligee or
2 public office shall follow the procedures set forth in this
3 subsection. After 20 days following service of the notice of
4 delinquency, the obligee or public office shall file with the
5 Clerk of the Circuit Court an affidavit, with the copy of the
6 notice of delinquency attached thereto, stating:
7 (a) that the notice of delinquency has been duly
8 served and the date on which service was effected; and
9 (b) that the obligor has not filed a petition to
10 stay service, or in the alternative
11 (c) that the obligor has waived the provisions of
12 subparagraphs (a) and (b) of this paragraph (1) in
13 accordance with subsection (C)(4).
14 (2) Upon request of the obligee or public office, the
15 Clerk of the Circuit Court shall: (a) make available any
16 record of payment; and (b) determine that the file contains a
17 copy of the affidavit described in paragraph (1). The Clerk
18 shall then provide to the obligee or public office a
19 specially certified copy of the order for withholding and the
20 notice of delinquency indicating that the preconditions for
21 service have been met.
22 (3) The obligee or public office may then serve the
23 notice of delinquency and order for withholding on the payor,
24 its superintendent, manager or other agent, by certified mail
25 or personal delivery. A proof of service shall be filed with
26 the Clerk of the Circuit Court.
27 (F) Subsequent Service of Order for Withholding.
28 (1) Notwithstanding the provisions of this Section, at
29 any time after the court has ordered immediate service of an
30 order for withholding or after initial service of an order
31 for withholding pursuant to subsection (E), the obligee or
32 public office may serve the order for withholding upon any
33 payor of the obligor without further notice to the obligor.
34 The obligee or public office shall provide notice to the
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1 payor, pursuant to paragraph (6) of subsection (I), of any
2 payments that have been made through previous withholding or
3 any other method.
4 (2) The Clerk of the Circuit Court shall, upon request,
5 provide the obligee or public office with specially certified
6 copies of the order for withholding or the notice of
7 delinquency or both whenever the Court has ordered immediate
8 service of an order for withholding or an affidavit has been
9 placed in the court file indicating that the preconditions
10 for service have been previously met. The obligee or public
11 office may then serve the order for withholding on the payor,
12 its superintendent, manager or other agent by certified mail
13 or personal delivery. A proof of service shall be filed with
14 the Clerk of the Circuit Court.
15 (3) If a delinquency has accrued for any reason, the
16 obligee or public office may serve a notice of delinquency
17 upon the obligor pursuant to subsection (C). The obligor may
18 prevent the notice of delinquency from being served upon the
19 payor by utilizing the procedures set forth in subsection
20 (D).
21 If no petition to stay service has been filed within the
22 required 20 day time period, the obligee or public office may
23 serve the notice of delinquency on the payor by utilizing the
24 procedures for service set forth in subsection (E).
25 (G) Duties of Payor.
26 (1) It shall be the duty of any payor who has been
27 served with a copy of the specially certified order for
28 withholding and any notice of delinquency to deduct and pay
29 over income as provided in this subsection. The payor shall
30 deduct the amount designated in the order for withholding, as
31 supplemented by the notice of delinquency and any notice
32 provided pursuant to paragraph (6) of subsection (I),
33 beginning no later than the next payment of income which is
34 payable to the obligor that occurs 14 days following the date
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1 the order and any notice were mailed by certified mail or
2 placed for personal delivery. The payor may combine all
3 amounts withheld for the benefit of an obligee or public
4 office into a single payment and transmit the payment with a
5 listing of obligors from whom withholding has been effected.
6 The payor shall pay the amount withheld to the obligee or
7 public office within 10 calendar days of the date income is
8 paid to the obligor in accordance with the order for
9 withholding and any subsequent notification received from the
10 public office redirecting payments. If the payor knowingly
11 fails to pay any amount withheld to the obligee or public
12 office within 10 calendar days of the date income is paid to
13 the obligor, the payor shall pay a penalty of $100 for each
14 day that the withheld amount is not paid to the obligee or
15 public office after the period of 10 calendar days has
16 expired. The failure of a payor, on more than one occasion,
17 to pay amounts withheld to the obligee or public office
18 within 10 calendar days of the date income is paid to the
19 obligor creates a presumption that the payor knowingly failed
20 to pay the amounts. This penalty may be collected in a civil
21 action which may be brought against the payor in favor of the
22 obligee. For purposes of this Section, a withheld amount
23 shall be considered paid by a payor on the date it is mailed
24 by the payor, or on the date an electronic funds transfer of
25 the amount has been initiated by the payor, or on the date
26 delivery of the amount has been initiated by the payor. For
27 each deduction, the payor shall provide the obligee or public
28 office, at the time of transmittal, with the date income was
29 paid from which support was withheld.
30 Upon receipt of an order requiring that a minor child be
31 named as a beneficiary of a health insurance plan available
32 through an employer or labor union or trade union, the
33 employer or labor union or trade union shall immediately
34 enroll the minor child as a beneficiary in the health
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1 insurance plan designated by the court order. The employer
2 shall withhold any required premiums and pay over any amounts
3 so withheld and any additional amounts the employer pays to
4 the insurance carrier in a timely manner. The employer or
5 labor union or trade union shall mail to the obligee, within
6 15 days of enrollment or upon request, notice of the date of
7 coverage, information on the dependent coverage plan, and all
8 forms necessary to obtain reimbursement for covered health
9 expenses, such as would be made available to a new employee.
10 When an order for dependent coverage is in effect and the
11 insurance coverage is terminated or changed for any reason,
12 the employer or labor union or trade union shall notify the
13 obligee within 10 days of the termination or change date
14 along with notice of conversion privileges.
15 For withholding of income, the payor shall be entitled to
16 receive a fee not to exceed $5 per month or the actual check
17 processing cost to be taken from the income to be paid to the
18 obligor.
19 (2) Whenever the obligor is no longer receiving income
20 from the payor, the payor shall return a copy of the order
21 for withholding to the obligee or public office and shall
22 provide information for the purpose of enforcing this
23 Section.
24 (3) Withholding of income under this Section shall be
25 made without regard to any prior or subsequent garnishments,
26 attachments, wage assignments, or any other claims of
27 creditors. Withholding of income under this Section shall
28 not be in excess of the maximum amounts permitted under the
29 federal Consumer Credit Protection Act. If the payor has been
30 served with more than one order for withholding pertaining to
31 the same obligor, the payor shall allocate income available
32 for withholding on a proportionate share basis, giving
33 priority to current support payments. If there is any income
34 available for withholding after withholding for all current
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1 support obligations, the payor shall allocate the income to
2 past due support payments ordered in non-AFDC matters and
3 then to past due support payments ordered in AFDC matters,
4 both on a proportionate share basis. Payment as required by
5 the order for withholding shall be a complete defense by the
6 payor against any claims of the obligor or his creditors as
7 to the sum so paid.
8 (4) No payor shall discharge, discipline, refuse to hire
9 or otherwise penalize any obligor because of the duty to
10 withhold income.
11 (H) Petitions to Stay Service or to Modify, Suspend or
12 Terminate Orders for Withholding.
13 (1) When an obligor files a petition to stay service,
14 the court, after due notice to all parties, shall hear the
15 matter as soon as practicable and shall enter an order
16 granting or denying relief, amending the notice of
17 delinquency, amending the order for withholding, where
18 applicable, or otherwise resolving the matter. If the court
19 finds that a delinquency existed when the notice of
20 delinquency was served upon the obligor, in an amount of at
21 least one month's support obligation, or that the obligor was
22 at least 30 days late in paying all or part of the order for
23 support, the court shall order immediate service of the order
24 for withholding. Where the court cannot promptly resolve any
25 dispute over the amount of the delinquency, the court may
26 order immediate service of the order for withholding as to
27 any undisputed amounts specified in an amended notice of
28 delinquency, and may continue the hearing on the disputed
29 amounts.
30 (2) At any time, an obligor, obligee, public office or
31 Clerk of the Circuit Court may petition the court to:
32 (a) Modify, suspend or terminate the order for
33 withholding because of a modification, suspension or
34 termination of the underlying order for support; or
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1 (b) Modify the amount of income to be withheld to
2 reflect payment in full or in part of the delinquency or
3 arrearage by income withholding or otherwise; or
4 (c) Suspend the order for withholding because of
5 inability to deliver income withheld to the obligee due
6 to the obligee's failure to provide a mailing address or
7 other means of delivery.
8 (3) The obligor, obligee or public office shall serve on
9 the payor, by certified mail or personal delivery, a copy of
10 any order entered pursuant to this subsection that affects
11 the duties of the payor.
12 (4) At any time, a public office or Clerk of the Circuit
13 Court may serve a notice on the payor to:
14 (a) cease withholding of income for payment of
15 current support for a child when the support obligation
16 for that child has automatically ceased under the order
17 for support through emancipation or otherwise; or
18 (b) cease withholding of income for payment of
19 delinquency or arrearage when the delinquency or
20 arrearage has been paid in full.
21 (5) The notice provided for under paragraph (4) of this
22 subsection shall be served on the payor by ordinary mail, and
23 a copy shall be provided to the obligor and the obligee. A
24 copy of the notice shall be filed with the Clerk of the
25 Circuit Court.
26 (6) The order for withholding shall continue to be
27 binding upon the payor until service of any order of the
28 court or notice entered or provided for under this
29 subsection.
30 (I) Additional Duties.
31 (1) An obligee who is receiving income withholding
32 payments under this Section shall notify the payor, if the
33 obligee receives the payments directly from the payor, or the
34 public office or the Clerk of the Circuit Court, as
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1 appropriate, of any change of address within 7 days of such
2 change.
3 (2) An obligee who is a recipient of public aid shall
4 send a copy of any notice of delinquency filed pursuant to
5 subsection (C) to the Bureau of Child Support of the Illinois
6 Department of Revenue Public Aid.
7 (3) Each obligor shall notify the obligee and the Clerk
8 of the Circuit Court of any change of address within 7 days.
9 (4) An obligor whose income is being withheld or who has
10 been served with a notice of delinquency pursuant to this
11 Section shall notify the obligee and the Clerk of the Circuit
12 Court of any new payor, within 7 days.
13 (5) When the Illinois Department of Revenue Public Aid
14 is no longer authorized to receive payments for the obligee,
15 it shall, within 7 days, notify the payor or, where
16 appropriate, the Clerk of the Circuit Court, to redirect
17 income withholding payments to the obligee.
18 (6) The obligee or public office shall provide notice to
19 the payor and Clerk of the Circuit Court of any other support
20 payment made, including but not limited to, a set-off under
21 federal and State law or partial payment of the delinquency
22 or arrearage, or both.
23 (7) Any public office and Clerk of the Circuit Court
24 which collects, disburses or receives payments pursuant to
25 orders for withholding shall maintain complete, accurate, and
26 clear records of all payments and their disbursements.
27 Certified copies of payment records maintained by a public
28 office or Clerk of the Circuit Court shall, without further
29 proof, be admitted into evidence in any legal proceedings
30 under this Section.
31 (8) The Illinois Department of Revenue Public Aid shall
32 design suggested legal forms for proceeding under this
33 Section and 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 income was paid from which such
7 support was withheld.
8 (J) Penalties.
9 (1) Where a payor wilfully fails to withhold or pay over
10 income pursuant to a properly served, specially certified
11 order for withholding and any notice of delinquency, or
12 wilfully discharges, disciplines, refuses to hire or
13 otherwise penalizes an obligor as prohibited by subsection
14 (G), 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 (K) Alternative Procedures for Entry and Service of an Order
3 for Withholding.
4 (1) Effective January 1, 1987, in any matter in which an
5 order for withholding has not been entered for any reason,
6 based upon the last order for support that has been entered,
7 and in which the obligor has become delinquent in payment of
8 an amount equal to at least one month's support obligation
9 pursuant to the last order for support or is at least 30 days
10 late in complying with all or part of the order for support,
11 the obligee or public office may prepare and serve an order
12 for withholding pursuant to the procedures set forth in this
13 subsection.
14 (2) The obligee or public office shall:
15 (a) Prepare a proposed order for withholding for
16 immediate service as provided by paragraphs (1) and (3)
17 of subsection (B), except that the minimum 20%
18 delinquency payment shall be used;
19 (b) Prepare a notice of delinquency as provided by
20 paragraphs (1) and (2) of subsection (C), except the
21 notice shall state further that the order for withholding
22 has not been entered by the court and the conditions
23 under which the order will be entered; and
24 (c) Serve the notice of delinquency and form
25 petition to stay service as provided by paragraph (3) of
26 subsection (C), together with the proposed order for
27 withholding, which shall be marked "COPY ONLY".
28 (3) After 20 days following service of the notice of
29 delinquency and proposed order for withholding, in lieu of
30 the provisions of subsection (E), the obligee or public
31 office shall file with the Clerk of the Circuit Court an
32 affidavit, with a copy of the notice of delinquency and
33 proposed order for withholding attached thereto, stating
34 that:
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1 (a) The notice of delinquency and proposed order
2 for withholding have been served upon the obligor and the
3 date on which service was effected;
4 (b) The obligor has not filed a petition to stay
5 service within 20 days of service of such notice and
6 order; and
7 (c) The proposed order for withholding accurately
8 states the terms and amounts contained in the last order
9 for support.
10 (4) Upon the court's satisfaction that the procedures
11 set forth in this subsection have been met, it shall enter
12 the order for withholding.
13 (5) The Clerk shall then provide to the obligee or
14 public office a specially certified copy of the order for
15 withholding and the notice of delinquency indicating that the
16 preconditions for service have been met.
17 (6) The obligee or public office shall serve the
18 specially certified copies of the order for withholding and
19 the notice of delinquency on the payor, its superintendent,
20 manager or other agent by certified mail or personal
21 delivery. A proof of service shall be filed with the Clerk
22 of the Circuit Court.
23 (7) If the obligor requests in writing that income
24 withholding become effective prior to becoming delinquent in
25 payment of an amount equal to one month's support obligation
26 pursuant to the last order for support, or prior to becoming
27 30 days late in paying all or part of the order for support,
28 the obligee or public office shall file an affidavit with the
29 Clerk of the circuit Court, with a proposed order for
30 withholding attached, stating that the proposed order
31 accurately states the terms and amounts contained in the last
32 order for support and the obligor's request for immediate
33 service. The provisions of paragraphs (4) through (6) of
34 this subsection shall apply, except that a notice of
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1 delinquency shall not be required.
2 (8) All other provisions of this Section shall be
3 applicable with respect to the provisions of this subsection
4 (K), except that under paragraph (1) of subsection (H), the
5 court may also amend the proposed order for withholding to
6 conform to the last order for support.
7 (9) Nothing in this subsection shall be construed as
8 limiting the requirements of paragraph (1) of subsection (B)
9 with respect to the entry of a separate order for withholding
10 upon entry of any order for support.
11 (L) Remedies in Addition to Other Laws.
12 (1) The rights, remedies, duties and penalties created
13 by this Section are in addition to and not in substitution
14 for any other rights, remedies, duties and penalties created
15 by any other law.
16 (2) Nothing in this Section shall be construed as
17 invalidating any assignment of wages or benefits executed
18 prior to January 1, 1984.
19 (Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
20 88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
21 (Text of Section after amendment by P.A. 89-507)
22 Sec. 4.1. Withholding of Income to Secure Payment of
23 Support.
24 (A) Definitions.
25 (1) "Order for support" means any order of the court
26 which provides for periodic payment of funds for the support
27 of a child or maintenance of a spouse, whether temporary or
28 final, and includes any such order which provides for:
29 (a) Modification or resumption of, or payment of
30 arrearage accrued under, a previously existing order;
31 (b) Reimbursement of support; or
32 (c) Enrollment in a health insurance plan that is
33 available to the obligor through an employer or labor
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1 union or trade union.
2 (2) "Arrearage" means the total amount of unpaid support
3 obligations.
4 (3) "Delinquency" means any payment under an order for
5 support which becomes due and remains unpaid after an order
6 for withholding has been entered under subsection (B) or, for
7 purposes of subsection (K), after the last order for support
8 was entered for which no order for withholding was entered.
9 (4) "Income" means any form of periodic payment to an
10 individual, regardless of source, including, but not limited
11 to: wages, salary, commission, compensation as an independent
12 contractor, workers' compensation, disability, annuity and
13 retirement benefits, lottery prize awards, insurance
14 proceeds, vacation pay, bonuses, profit-sharing payments and
15 any other payments, made by any person, private entity,
16 federal or state government, any unit of local government,
17 school district or any entity created by Public Act; however,
18 "income" excludes:
19 (a) Any amounts required by law to be withheld,
20 other than creditor claims, including, but not limited
21 to, federal, State and local taxes, Social Security and
22 other retirement and disability contributions;
23 (b) Union dues;
24 (c) Any amounts exempted by the federal Consumer
25 Credit Protection Act;
26 (d) Public assistance payments; and
27 (e) Unemployment insurance benefits except as
28 provided by law.
29 Any other State or local laws which limit or exempt
30 income or the amount or percentage of income that can be
31 withheld shall not apply.
32 (5) "Obligor" means the individual who owes a duty to
33 make payments under an order for support.
34 (6) "Obligee" means the individual to whom a duty of
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1 support is owed or the individual's legal representative.
2 (7) "Payor" means any payor of income to an obligor.
3 (8) "Public office" means any elected official or any
4 State or local agency which is or may become responsible by
5 law for enforcement of, or which is or may become authorized
6 to enforce, an order for support, including, but not limited
7 to: the Attorney General, the Illinois Department of Revenue
8 Public Aid, the Illinois Department of Human Services, the
9 Illinois Department of Children and Family Services, and the
10 various State's Attorneys, Clerks of the Circuit Court and
11 supervisors of general assistance.
12 (9) "Premium" means the dollar amount for which the
13 obligor is liable to his employer or labor union or trade
14 union and which must be paid to enroll or maintain a child in
15 a health insurance plan that is available to the obligor
16 through an employer or labor union or trade union.
17 (B) Entry of an Order for Withholding.
18 (1) Upon entry of any order for support on or after
19 January 1, 1984, the court shall enter a separate order for
20 withholding which shall not take effect unless the obligor
21 becomes delinquent in paying the order for support or the
22 obligor requests an earlier effective date; except that the
23 court may require the order for withholding to take effect
24 immediately.
25 On or after January 1, 1989, the court shall require the
26 order for withholding to take effect immediately, unless a
27 written agreement is reached between and signed by both
28 parties providing for an alternative arrangement, approved
29 and entered into the record by the court, which insures
30 payment of support. In that case, the court shall enter the
31 order for withholding which will not take effect unless the
32 obligor becomes delinquent in paying the order for support.
33 Upon entry of any order of support on or after September
34 11, 1989, if the obligor is not a United States citizen, the
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1 obligor shall provide to the court the obligor's alien
2 registration number, passport number, and home country's
3 social security or national health number, if applicable; the
4 court shall make the information part of the record in the
5 case.
6 (2) An order for withholding shall be entered upon
7 petition by the obligee or public office where an order for
8 withholding has not been previously entered.
9 (3) The order for withholding shall:
10 (a) Direct any payor to withhold a dollar amount
11 equal to the order for support; and
12 (b) Direct any payor to withhold an additional
13 dollar amount, not less than 20% of the order for
14 support, until payment in full of any delinquency stated
15 in the notice of delinquency provided for in subsection
16 (C) or (F) of this Section; and
17 (c) Direct any payor or labor union or trade union
18 to enroll a child as a beneficiary of a health insurance
19 plan and withhold or cause to be withheld, if applicable,
20 any required premiums; and
21 (d) State the rights, remedies and duties of the
22 obligor under this Section; and
23 (e) Include the obligor's Social Security Number,
24 which the obligor shall disclose to the court; and
25 (f) Include the date that withholding for current
26 support terminates, which shall be the date of
27 termination of the current support obligation set forth
28 in the order for support.
29 (4) At the time the order for withholding is entered,
30 the Clerk of the Circuit Court shall provide a copy of the
31 order for withholding and the order for support to the
32 obligor and shall make copies available to the obligee and
33 public office. Any copy of the order for withholding
34 furnished to the parties under this subsection shall be
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1 stamped "Not Valid".
2 (5) The order for withholding shall remain in effect for
3 as long as the order for support upon which it is based.
4 (6) The failure of an order for withholding to state an
5 arrearage is not conclusive of the issue of whether an
6 arrearage is owing.
7 (7) Notwithstanding the provisions of this subsection,
8 if the court finds at the time of any hearing that an
9 arrearage has accrued in an amount equal to at least one
10 month's support obligation or that the obligor is 30 days
11 late in paying all or part of the order for support, the
12 court shall order immediate service of the order for
13 withholding upon the payor.
14 (8) Where the court has not required that the order for
15 withholding take effect immediately, the obligee or public
16 office may prepare and serve a notice for immediate
17 withholding upon the obligor by ordinary mail addressed to
18 the obligor at his or her last known address. The notice
19 shall state that the following circumstances have occurred:
20 (a) The parties' written agreement providing an
21 alternative arrangement to immediate withholding under
22 paragraph (1) of this subsection no longer provides for
23 timely payment of all support due; or
24 (b) The obligor has not made timely payments in
25 that the obligor has been at least 7 days late in paying
26 all or part of the order for support any of the last 6
27 consecutive dates payments were due prior to the date of
28 the notice for immediate withholding.
29 The notice for immediate withholding shall clearly state
30 that a specially certified copy of the order for withholding
31 will be sent to the payor, unless the obligor files a
32 petition contesting immediate withholding within 20 days
33 after service of the notice; however, the grounds for the
34 petition shall be limited to a dispute concerning whether the
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1 circumstances stated in the notice have occurred or the
2 identity of the obligor. It shall not be grounds for the
3 petition that the obligor has made all payments due by the
4 date of the petition.
5 If the obligor files a petition contesting immediate
6 withholding within the 20-day period required under this
7 paragraph, the Clerk of the Circuit Court shall notify the
8 obligor and the obligee or public office, as appropriate, of
9 the time and place of the hearing on the petition. Upon
10 hearing the petition, the court shall enter an order granting
11 or denying relief. It shall not be grounds for granting the
12 obligor's petition that he or she has made all payments due
13 by the date of hearing. If the court denies the obligor's
14 petition, it shall order immediate service of the order for
15 withholding, and direct the clerk to provide a specially
16 certified copy of the order for withholding to the obligee or
17 public office indicating that the requirements for immediate
18 withholding under this paragraph have been met.
19 If the obligor does not file a petition contesting
20 immediate withholding within the 20-day period, the obligee
21 or public office shall file with the Clerk of the Circuit
22 Court an affidavit, with a copy of the notice for immediate
23 withholding attached thereto, stating that the notice was
24 duly served and the date on which service was effected, and
25 that the obligor has not filed a petition contesting
26 immediate withholding. The clerk shall then provide to the
27 obligee or public office a specially certified copy of the
28 order for withholding indicating that the requirements for
29 immediate withholding under this paragraph have been met.
30 Upon receipt of a specially certified copy of the order
31 for withholding, the obligee or public office may serve the
32 order on the payor, its superintendent, manager or other
33 agent, by certified mail or personal delivery. A proof of
34 service shall be filed with the Clerk of the Circuit Court.
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1 (C) Notice of Delinquency.
2 (1) Whenever an obligor becomes delinquent in payment of
3 an amount equal to at least one month's support obligation
4 pursuant to the order for support or is at least 30 days late
5 in complying with all or part of the order for support,
6 whichever occurs first, the obligee or public office may
7 prepare and serve a verified notice of delinquency, together
8 with a form petition to stay service, pursuant to paragraph
9 (3) of this subsection.
10 (2) The notice of delinquency shall recite the terms of
11 the order for support and contain a computation of the period
12 and total amount of the delinquency, as of the date of the
13 notice. The notice shall clearly state that it will be sent
14 to the payor, together with a specially certified copy of the
15 order for withholding, except as provided in subsection (F),
16 unless the obligor files a petition to stay service in
17 accordance with paragraph (1) of subsection (D).
18 (3) The notice of delinquency shall be served by
19 ordinary mail addressed to the obligor at his or her last
20 known address.
21 (4) The obligor may execute a written waiver of the
22 provisions of paragraphs (1) through (3) of this subsection
23 and request immediate service upon the payor.
24 (D) Procedures to Avoid Income Withholding.
25 (1) Except as provided in subsection (F), the obligor
26 may prevent an order for withholding from being served by
27 filing a petition to stay service with the Clerk of the
28 Circuit Court, within 20 days after service of the notice of
29 delinquency; however, the grounds for the petition to stay
30 service shall be limited to:
31 (a) A dispute concerning the amount of current
32 support or the existence or amount of the delinquency;
33 (b) The identity of the obligor.
34 The Clerk of the Circuit Court shall notify the obligor
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1 and the obligee or public office, as appropriate, of the time
2 and place of the hearing on the petition to stay service. The
3 court shall hold such hearing pursuant to the provisions of
4 subsection (H).
5 (2) Except as provided in subsection (F), filing of a
6 petition to stay service, within the 20-day period required
7 under this subsection, shall prohibit the obligee or public
8 office from serving the order for withholding on any payor of
9 the obligor.
10 (E) Initial Service of Order for Withholding.
11 (1) Except as provided in subsection (F), in order to
12 serve an order for withholding upon a payor, an obligee or
13 public office shall follow the procedures set forth in this
14 subsection. After 20 days following service of the notice of
15 delinquency, the obligee or public office shall file with the
16 Clerk of the Circuit Court an affidavit, with the copy of the
17 notice of delinquency attached thereto, stating:
18 (a) that the notice of delinquency has been duly
19 served and the date on which service was effected; and
20 (b) that the obligor has not filed a petition to
21 stay service, or in the alternative
22 (c) that the obligor has waived the provisions of
23 subparagraphs (a) and (b) of this paragraph (1) in
24 accordance with subsection (C)(4).
25 (2) Upon request of the obligee or public office, the
26 Clerk of the Circuit Court shall: (a) make available any
27 record of payment; and (b) determine that the file contains a
28 copy of the affidavit described in paragraph (1). The Clerk
29 shall then provide to the obligee or public office a
30 specially certified copy of the order for withholding and the
31 notice of delinquency indicating that the preconditions for
32 service have been met.
33 (3) The obligee or public office may then serve the
34 notice of delinquency and order for withholding on the payor,
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1 its superintendent, manager or other agent, by certified mail
2 or personal delivery. A proof of service shall be filed with
3 the Clerk of the Circuit Court.
4 (F) Subsequent Service of Order for Withholding.
5 (1) Notwithstanding the provisions of this Section, at
6 any time after the court has ordered immediate service of an
7 order for withholding or after initial service of an order
8 for withholding pursuant to subsection (E), the obligee or
9 public office may serve the order for withholding upon any
10 payor of the obligor without further notice to the obligor.
11 The obligee or public office shall provide notice to the
12 payor, pursuant to paragraph (6) of subsection (I), of any
13 payments that have been made through previous withholding or
14 any other method.
15 (2) The Clerk of the Circuit Court shall, upon request,
16 provide the obligee or public office with specially certified
17 copies of the order for withholding or the notice of
18 delinquency or both whenever the Court has ordered immediate
19 service of an order for withholding or an affidavit has been
20 placed in the court file indicating that the preconditions
21 for service have been previously met. The obligee or public
22 office may then serve the order for withholding on the payor,
23 its superintendent, manager or other agent by certified mail
24 or personal delivery. A proof of service shall be filed with
25 the Clerk of the Circuit Court.
26 (3) If a delinquency has accrued for any reason, the
27 obligee or public office may serve a notice of delinquency
28 upon the obligor pursuant to subsection (C). The obligor may
29 prevent the notice of delinquency from being served upon the
30 payor by utilizing the procedures set forth in subsection
31 (D).
32 If no petition to stay service has been filed within the
33 required 20 day time period, the obligee or public office may
34 serve the notice of delinquency on the payor by utilizing the
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1 procedures for service set forth in subsection (E).
2 (G) Duties of Payor.
3 (1) It shall be the duty of any payor who has been
4 served with a copy of the specially certified order for
5 withholding and any notice of delinquency to deduct and pay
6 over income as provided in this subsection. The payor shall
7 deduct the amount designated in the order for withholding, as
8 supplemented by the notice of delinquency and any notice
9 provided pursuant to paragraph (6) of subsection (I),
10 beginning no later than the next payment of income which is
11 payable to the obligor that occurs 14 days following the date
12 the order and any notice were mailed by certified mail or
13 placed for personal delivery. The payor may combine all
14 amounts withheld for the benefit of an obligee or public
15 office into a single payment and transmit the payment with a
16 listing of obligors from whom withholding has been effected.
17 The payor shall pay the amount withheld to the obligee or
18 public office within 10 calendar days of the date income is
19 paid to the obligor in accordance with the order for
20 withholding and any subsequent notification received from the
21 public office redirecting payments. If the payor knowingly
22 fails to pay any amount withheld to the obligee or public
23 office within 10 calendar days of the date income is paid to
24 the obligor, the payor shall pay a penalty of $100 for each
25 day that the withheld amount is not paid to the obligee or
26 public office after the period of 10 calendar days has
27 expired. The failure of a payor, on more than one occasion,
28 to pay amounts withheld to the obligee or public office
29 within 10 calendar days of the date income is paid to the
30 obligor creates a presumption that the payor knowingly failed
31 to pay the amounts. This penalty may be collected in a civil
32 action which may be brought against the payor in favor of the
33 obligee. For purposes of this Section, a withheld amount
34 shall be considered paid by a payor on the date it is mailed
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1 by the payor, or on the date an electronic funds transfer of
2 the amount has been initiated by the payor, or on the date
3 delivery of the amount has been initiated by the payor. For
4 each deduction, the payor shall provide the obligee or public
5 office, at the time of transmittal, with the date income was
6 paid from which support was withheld.
7 Upon receipt of an order requiring that a minor child be
8 named as a beneficiary of a health insurance plan available
9 through an employer or labor union or trade union, the
10 employer or labor union or trade union shall immediately
11 enroll the minor child as a beneficiary in the health
12 insurance plan designated by the court order. The employer
13 shall withhold any required premiums and pay over any amounts
14 so withheld and any additional amounts the employer pays to
15 the insurance carrier in a timely manner. The employer or
16 labor union or trade union shall mail to the obligee, within
17 15 days of enrollment or upon request, notice of the date of
18 coverage, information on the dependent coverage plan, and all
19 forms necessary to obtain reimbursement for covered health
20 expenses, such as would be made available to a new employee.
21 When an order for dependent coverage is in effect and the
22 insurance coverage is terminated or changed for any reason,
23 the employer or labor union or trade union shall notify the
24 obligee within 10 days of the termination or change date
25 along with notice of conversion privileges.
26 For withholding of income, the payor shall be entitled to
27 receive a fee not to exceed $5 per month or the actual check
28 processing cost to be taken from the income to be paid to the
29 obligor.
30 (2) Whenever the obligor is no longer receiving income
31 from the payor, the payor shall return a copy of the order
32 for withholding to the obligee or public office and shall
33 provide information for the purpose of enforcing this
34 Section.
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1 (3) Withholding of income under this Section shall be
2 made without regard to any prior or subsequent garnishments,
3 attachments, wage assignments, or any other claims of
4 creditors. Withholding of income under this Section shall
5 not be in excess of the maximum amounts permitted under the
6 federal Consumer Credit Protection Act. If the payor has been
7 served with more than one order for withholding pertaining to
8 the same obligor, the payor shall allocate income available
9 for withholding on a proportionate share basis, giving
10 priority to current support payments. If there is any income
11 available for withholding after withholding for all current
12 support obligations, the payor shall allocate the income to
13 past due support payments ordered in non-AFDC matters and
14 then to past due support payments ordered in AFDC matters,
15 both on a proportionate share basis. Payment as required by
16 the order for withholding shall be a complete defense by the
17 payor against any claims of the obligor or his creditors as
18 to the sum so paid.
19 (4) No payor shall discharge, discipline, refuse to hire
20 or otherwise penalize any obligor because of the duty to
21 withhold income.
22 (H) Petitions to Stay Service or to Modify, Suspend or
23 Terminate Orders for Withholding.
24 (1) When an obligor files a petition to stay service,
25 the court, after due notice to all parties, shall hear the
26 matter as soon as practicable and shall enter an order
27 granting or denying relief, amending the notice of
28 delinquency, amending the order for withholding, where
29 applicable, or otherwise resolving the matter. If the court
30 finds that a delinquency existed when the notice of
31 delinquency was served upon the obligor, in an amount of at
32 least one month's support obligation, or that the obligor was
33 at least 30 days late in paying all or part of the order for
34 support, the court shall order immediate service of the order
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1 for withholding. Where the court cannot promptly resolve any
2 dispute over the amount of the delinquency, the court may
3 order immediate service of the order for withholding as to
4 any undisputed amounts specified in an amended notice of
5 delinquency, and may continue the hearing on the disputed
6 amounts.
7 (2) At any time, an obligor, obligee, public office or
8 Clerk of the Circuit Court may petition the court to:
9 (a) Modify, suspend or terminate the order for
10 withholding because of a modification, suspension or
11 termination of the underlying order for support; or
12 (b) Modify the amount of income to be withheld to
13 reflect payment in full or in part of the delinquency or
14 arrearage by income withholding or otherwise; or
15 (c) Suspend the order for withholding because of
16 inability to deliver income withheld to the obligee due
17 to the obligee's failure to provide a mailing address or
18 other means of delivery.
19 (3) The obligor, obligee or public office shall serve on
20 the payor, by certified mail or personal delivery, a copy of
21 any order entered pursuant to this subsection that affects
22 the duties of the payor.
23 (4) At any time, a public office or Clerk of the Circuit
24 Court may serve a notice on the payor to:
25 (a) cease withholding of income for payment of
26 current support for a child when the support obligation
27 for that child has automatically ceased under the order
28 for support through emancipation or otherwise; or
29 (b) cease withholding of income for payment of
30 delinquency or arrearage when the delinquency or
31 arrearage has been paid in full.
32 (5) The notice provided for under paragraph (4) of this
33 subsection shall be served on the payor by ordinary mail, and
34 a copy shall be provided to the obligor and the obligee. A
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1 copy of the notice shall be filed with the Clerk of the
2 Circuit Court.
3 (6) The order for withholding shall continue to be
4 binding upon the payor until service of any order of the
5 court or notice entered or provided for under this
6 subsection.
7 (I) Additional Duties.
8 (1) An obligee who is receiving income withholding
9 payments under this Section shall notify the payor, if the
10 obligee receives the payments directly from the payor, or the
11 public office or the Clerk of the Circuit Court, as
12 appropriate, of any change of address within 7 days of such
13 change.
14 (2) An obligee who is a recipient of public aid shall
15 send a copy of any notice of delinquency filed pursuant to
16 subsection (C) to the Bureau of Child Support of the Illinois
17 Department of Revenue Public Aid.
18 (3) Each obligor shall notify the obligee and the Clerk
19 of the Circuit Court of any change of 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 and the Clerk of the Circuit
23 Court of any new payor, within 7 days.
24 (5) When the Illinois Department of Revenue Public Aid
25 is no longer authorized to receive payments for the obligee,
26 it shall, within 7 days, notify the payor or, where
27 appropriate, the Clerk of the Circuit Court, to redirect
28 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 orders for withholding shall maintain complete, accurate, and
3 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 Revenue Public Aid shall
9 design suggested legal forms for proceeding under this
10 Section and shall make available to the courts such forms and
11 informational materials which describe the procedures and
12 remedies set forth herein for distribution to all parties in
13 support actions.
14 (9) At the time of transmitting each support payment,
15 the clerk of the circuit court shall provide the obligee or
16 public office, as appropriate, with any information furnished
17 by the payor as to the date income was paid from which such
18 support was withheld.
19 (J) Penalties.
20 (1) Where a payor wilfully fails to withhold or pay over
21 income pursuant to a properly served, specially certified
22 order for withholding and any notice of delinquency, or
23 wilfully discharges, disciplines, refuses to hire or
24 otherwise penalizes an obligor as prohibited by subsection
25 (G), or otherwise fails to comply with any duties imposed by
26 this Section, the obligee, public office or obligor, as
27 appropriate, may file a complaint with the court against the
28 payor. The clerk of the circuit court shall notify the
29 obligee or public office, as appropriate, and the obligor and
30 payor of the time and place of the hearing on the complaint.
31 The court shall resolve any factual dispute including, but
32 not limited to, a denial that the payor is paying or has paid
33 income to the obligor. Upon a finding in favor of the
34 complaining party, the court:
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1 (a) Shall enter judgment and direct the enforcement
2 thereof for the total amount that the payor wilfully
3 failed to withhold or pay over; and
4 (b) May order employment or reinstatement of or
5 restitution to the obligor, or both, where the obligor
6 has been discharged, disciplined, denied employment or
7 otherwise penalized by the payor and may impose a fine
8 upon the payor not to exceed $200.
9 (2) Any obligee, public office or obligor who wilfully
10 initiates a false proceeding under this Section or who
11 wilfully fails to comply with the requirements of this
12 Section shall be punished as in cases of contempt of court.
13 (K) Alternative Procedures for Entry and Service of an Order
14 for Withholding.
15 (1) Effective January 1, 1987, in any matter in which an
16 order for withholding has not been entered for any reason,
17 based upon the last order for support that has been entered,
18 and in which the obligor has become delinquent in payment of
19 an amount equal to at least one month's support obligation
20 pursuant to the last order for support or is at least 30 days
21 late in complying with all or part of the order for support,
22 the obligee or public office may prepare and serve an order
23 for withholding pursuant to the procedures set forth in this
24 subsection.
25 (2) The obligee or public office shall:
26 (a) Prepare a proposed order for withholding for
27 immediate service as provided by paragraphs (1) and (3)
28 of subsection (B), except that the minimum 20%
29 delinquency payment shall be used;
30 (b) Prepare a notice of delinquency as provided by
31 paragraphs (1) and (2) of subsection (C), except the
32 notice shall state further that the order for withholding
33 has not been entered by the court and the conditions
34 under which the order will be entered; and
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1 (c) Serve the notice of delinquency and form
2 petition to stay service as provided by paragraph (3) of
3 subsection (C), together with the proposed order for
4 withholding, which shall be marked "COPY ONLY".
5 (3) After 20 days following service of the notice of
6 delinquency and proposed order for withholding, in lieu of
7 the provisions of subsection (E), the obligee or public
8 office shall file with the Clerk of the Circuit Court an
9 affidavit, with a copy of the notice of delinquency and
10 proposed order for withholding attached thereto, stating
11 that:
12 (a) The notice of delinquency and proposed order
13 for withholding have been served upon the obligor and the
14 date on which service was effected;
15 (b) The obligor has not filed a petition to stay
16 service within 20 days of service of such notice and
17 order; and
18 (c) The proposed order for withholding accurately
19 states the terms and amounts contained in the last order
20 for support.
21 (4) Upon the court's satisfaction that the procedures
22 set forth in this subsection have been met, it shall enter
23 the order for withholding.
24 (5) The Clerk shall then provide to the obligee or
25 public office a specially certified copy of the order for
26 withholding and the notice of delinquency indicating that the
27 preconditions for service have been met.
28 (6) The obligee or public office shall serve the
29 specially certified copies of the order for withholding and
30 the notice of delinquency on the payor, its superintendent,
31 manager or other agent by certified mail or personal
32 delivery. A proof of service shall be filed with the Clerk
33 of the Circuit Court.
34 (7) If the obligor requests in writing that income
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1 withholding become effective prior to becoming delinquent in
2 payment of an amount equal to one month's support obligation
3 pursuant to the last order for support, or prior to becoming
4 30 days late in paying all or part of the order for support,
5 the obligee or public office shall file an affidavit with the
6 Clerk of the circuit Court, with a proposed order for
7 withholding attached, stating that the proposed order
8 accurately states the terms and amounts contained in the last
9 order for support and the obligor's request for immediate
10 service. The provisions of paragraphs (4) through (6) of
11 this subsection shall apply, except that a notice of
12 delinquency shall not be required.
13 (8) All other provisions of this Section shall be
14 applicable with respect to the provisions of this subsection
15 (K), except that under paragraph (1) of subsection (H), the
16 court may also amend the proposed order for withholding to
17 conform to the last order for support.
18 (9) Nothing in this subsection shall be construed as
19 limiting the requirements of paragraph (1) of subsection (B)
20 with respect to the entry of a separate order for withholding
21 upon entry of any order for support.
22 (L) Remedies in Addition to Other Laws.
23 (1) The rights, remedies, duties and penalties created
24 by this Section are in addition to and not in substitution
25 for any other rights, remedies, duties and penalties created
26 by any other law.
27 (2) Nothing in this Section shall be construed as
28 invalidating any assignment of wages or benefits executed
29 prior to January 1, 1984.
30 (Source: P.A. 88-26; 88-45; 88-94; 88-131; 88-307; 88-670,
31 eff. 12-2-94; 89-507, eff. 7-1-97.)
32 (750 ILCS 15/11) (from Ch. 40, par. 1114)
33 Sec. 11. In all cases instituted by the Illinois
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1 Department of Revenue Public Aid on behalf of a child or
2 spouse, other than one receiving a grant of financial aid
3 under Article IV of The Illinois Public Aid Code, on whose
4 behalf an application has been made and approved for support
5 services as provided by Section 10-1 of that Code, the court
6 shall impose a collection fee on the individual who owes a
7 child or spouse support obligation in an amount equal to 10%
8 of the amount so owed as long as such collection is required
9 by federal law, which fee shall be in addition to the support
10 obligation. The imposition of such fee shall be in
11 accordance with provisions of Title IV, Part D, of the Social
12 Security Act and regulations duly promulgated thereunder.
13 The fee shall be payable to the clerk of the circuit court
14 for transmittal to the Illinois Department of Revenue Public
15 Aid and shall continue until support services are terminated
16 by that Department.
17 (Source: P.A. 82-979.)
18 Section 35. The Revised Uniform Reciprocal Enforcement of
19 Support Act is amended by changing Sections 15a, 26.1, and 29
20 as follows:
21 (750 ILCS 20/15a) (from Ch. 40, par. 1215a)
22 Sec. 15a. Public Aid Collection Fee. In all cases
23 instituted by the Illinois Department of Revenue Public Aid
24 on behalf of a child or spouse, other than one receiving a
25 grant of financial aid under Article IV of The Illinois
26 Public Aid Code, on whose behalf an application has been made
27 and approved for support services as provided by Section 10-1
28 of that Code, the court shall impose a collection fee on the
29 individual who owes a child or spouse support obligation in
30 an amount equal to 10% of the amount so owed as long as such
31 collection is required by federal law, which fee shall be in
32 addition to the support obligation. The imposition of such
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1 fee shall be in accordance with provisions of Title IV, Part
2 D, of the Social Security Act and regulations duly
3 promulgated thereunder. The fee shall be payable to the
4 clerk of the circuit court for transmittal to the Illinois
5 Department of Revenue Public Aid and shall continue until
6 support services are terminated by that Department.
7 (Source: P.A. 82-979.)
8 (750 ILCS 20/26.1) (from Ch. 40, par. 1226.1)
9 (Text of Section before amendment by P.A. 89-507)
10 Sec. 26.1. Withholding of Income to Secure Payment of
11 Support.
12 (A) Definitions.
13 (1) "Order for support" means any order of the court
14 which provides for periodic payment of funds for the support
15 of a child or maintenance of a spouse, whether temporary or
16 final, and includes any such order which provides for:
17 (a) modification or resumption of, or payment of
18 arrearage accrued under, a previously existing order;
19 (b) reimbursement of support; or
20 (c) enrollment in a health insurance plan that is
21 available to the obligor through an employer or labor
22 union or trade union.
23 (2) "Arrearage" means the total amount of unpaid support
24 obligations.
25 (3) "Delinquency" means any payment under an order for
26 support which becomes due and remains unpaid after an order
27 for withholding has been entered under subsection (B) or, for
28 purposes of subsection (K), after the last order for support
29 was entered for which no order for withholding was entered.
30 (4) "Income" means any form of periodic payment to an
31 individual, regardless of source, including, but not limited
32 to: wages, salary, commission, compensation as an independent
33 contractor, workers' compensation, disability, annuity and
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1 retirement benefits, lottery prize awards, insurance
2 proceeds, vacation pay, bonuses, profit-sharing payments and
3 any other payments, made by any person, private entity,
4 federal or state government, any unit of local government,
5 school district or any entity created by Public Act; however,
6 "income" excludes:
7 (a) any amounts required by law to be withheld,
8 other than creditor claims, including, but not limited
9 to, federal, State and local taxes, Social Security and
10 other retirement and disability contributions;
11 (b) union dues;
12 (c) any amounts exempted by the federal Consumer
13 Credit Protection Act;
14 (d) public assistance payments; and
15 (e) unemployment insurance benefits except as
16 provided by law.
17 Any other State or local laws which limit or exempt
18 income or the amount or percentage of income that can be
19 withheld shall not apply.
20 (5) "Obligor" means the individual who owes a duty to
21 make payments under an order for support.
22 (6) "Obligee" means the individual to whom a duty of
23 support is owed or the individual's legal representative.
24 (7) "Payor" means any payor of income to an obligor.
25 (8) "Public office" means any elected official or any
26 State or local agency which is or may become responsible by
27 law for enforcement of, or which is or may become authorized
28 to enforce, an order for support, including, but not limited
29 to: the Attorney General, the Illinois Department of Revenue
30 Public Aid, the Illinois Department of Mental Health and
31 Developmental Disabilities, the Illinois Department of
32 Children and Family Services, and the various State's
33 Attorneys, Clerks of the Circuit Court and supervisors of
34 general assistance.
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1 (9) "Premium" means the dollar amount for which the
2 obligor is liable to his employer or labor union or trade
3 union and which must be paid to enroll or maintain a child in
4 a health insurance plan that is available to the obligor
5 through an employer or labor union or trade union.
6 (B) Entry of an Order for Withholding.
7 (1) Upon entry of any order for support on or after
8 January 1, 1984, the court shall enter a separate order for
9 withholding which shall not take effect unless the obligor
10 becomes delinquent in paying the order for support or the
11 obligor requests an earlier effective date; except that the
12 court may require the order for withholding to take effect
13 immediately.
14 On or after January 1, 1989, the court shall require the
15 order for withholding to take effect immediately, unless a
16 written agreement is reached between and signed by both
17 parties providing for an alternative arrangement, approved
18 and entered into the record by the court, which insures
19 payment of support. In that case, the court shall enter the
20 order for withholding which will not take effect unless the
21 obligor becomes delinquent in paying the order for support.
22 Upon entry of any order of support on or after September
23 11, 1989, if the obligor is not a United States citizen, the
24 obligor shall provide to the court the obligor's alien
25 registration number, passport number, and home country's
26 social security or national health number, if applicable; the
27 court shall make the information part of the record in the
28 case.
29 (2) An order for withholding shall be entered upon
30 petition by the obligee or public office where an order for
31 withholding has not been previously entered.
32 (3) The order for withholding shall:
33 (a) direct any payor to withhold a dollar amount
34 equal to the order for support; and
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1 (b) direct any payor to withhold an additional
2 dollar amount, not less than 20% of the order for
3 support, until payment in full of any delinquency stated
4 in the notice of delinquency provided for in subsection
5 (C) or (F) of this Section; and
6 (c) 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 (d) state the rights, remedies and duties of the
11 obligor under this Section; and
12 (e) include the obligor's Social Security Number,
13 which the obligor shall disclose to the court; and
14 (f) include the date that withholding for current
15 support terminates, which shall be the date of
16 termination of the current support obligation set forth
17 in the order for support.
18 (4) At the time the order for withholding is entered,
19 the Clerk of the Circuit Court shall provide a copy of the
20 order for withholding and the order for support to the
21 obligor and shall make copies available to the obligee and
22 public office. Any copy of the order for withholding
23 furnished to the parties under this subsection shall be
24 stamped "Not Valid".
25 (5) The order for withholding shall remain in effect for
26 as long as the order for support upon which it is based.
27 (6) The failure of an order for withholding to state an
28 arrearage is not conclusive of the issue of whether an
29 arrearage is owing.
30 (7) Notwithstanding the provisions of this subsection,
31 if the court finds at the time of any hearing that an
32 arrearage has accrued in an amount equal to at least one
33 month's support obligation or that the obligor is 30 days
34 late in paying all or part of the order for support, the
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1 court shall order immediate service of the order for
2 withholding upon the payor.
3 (8) Where the court has not required that the order for
4 withholding take effect immediately, the obligee or public
5 office may prepare and serve a notice for immediate
6 withholding upon the obligor by ordinary mail addressed to
7 the obligor at his or her last known address. The notice
8 shall state that the following circumstances have occurred:
9 (a) The parties' written agreement providing an
10 alternative arrangement to immediate withholding under
11 paragraph (1) of this subsection no longer provides for
12 timely payment of all support due; or
13 (b) The obligor has not made timely payments in
14 that the obligor has been at least 7 days late in paying
15 all or part of the order for support any of the last 6
16 consecutive dates payments were due prior to the date of
17 the notice for immediate withholding.
18 The notice for immediate withholding shall clearly state
19 that a specially certified copy of the order for withholding
20 will be sent to the payor, unless the obligor files a
21 petition contesting immediate withholding within 20 days
22 after service of the notice; however, the grounds for the
23 petition shall be limited to a dispute concerning whether the
24 circumstances stated in the notice have occurred or the
25 identity of the obligor. It shall not be grounds for the
26 petition that the obligor has made all payments due by the
27 date of the petition.
28 If the obligor files a petition contesting immediate
29 withholding within the 20-day period required under this
30 paragraph, the Clerk of the Circuit Court shall notify the
31 obligor and the obligee or public office, as appropriate, of
32 the time and place of the hearing on the petition. Upon
33 hearing the petition, the court shall enter an order granting
34 or denying relief. It shall not be grounds for granting the
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1 obligor's petition that he or she has made all payments due
2 by the date of hearing. If the court denies the obligor's
3 petition, it shall order immediate service of the order for
4 withholding and direct the clerk to provide a specially
5 certified copy of the order for withholding to the obligee or
6 public office indicating that the requirements for immediate
7 withholding under this paragraph have been met.
8 If the obligor does not file a petition contesting
9 immediate withholding within the 20-day period, the obligee
10 or public office shall file with the Clerk of the Circuit
11 Court an affidavit, with a copy of the notice for immediate
12 withholding attached thereto, stating that the notice was
13 duly served and the date on which service was effected, and
14 that the obligor has not filed a petition contesting
15 immediate withholding. The clerk shall then provide to the
16 obligee or public office a specially certified copy of the
17 order for withholding indicating that the requirements for
18 immediate withholding under this paragraph have been met.
19 Upon receipt of a specially certified copy of the order
20 for withholding, the obligee or public office may serve the
21 order on the payor, its superintendent, manager or other
22 agent, by certified mail or personal delivery. A proof of
23 service shall be filed with the Clerk of the Circuit Court.
24 (C) Notice of Delinquency.
25 (1) Whenever an obligor becomes delinquent in payment of
26 an amount equal to at least one month's support obligation
27 pursuant to the order for support or is at least 30 days late
28 in complying with all or part of the order for support,
29 whichever occurs first, the obligee or public office may
30 prepare and serve a verified notice of delinquency, together
31 with a form petition to stay service, pursuant to paragraph
32 (3) of this subsection.
33 (2) The notice of delinquency shall recite the terms of
34 the order for support and contain a computation of the period
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1 and total amount of the delinquency, as of the date of the
2 notice. The notice shall clearly state that it will be sent
3 to the payor, together with a specially certified copy of the
4 order for withholding, except as provided in subsection (F),
5 unless the obligor files a petition to stay service in
6 accordance with paragraph (1) of subsection (D).
7 (3) The notice of delinquency shall be served by
8 ordinary mail addressed to the obligor at his or her last
9 known address.
10 (4) The obligor may execute a written waiver of the
11 provisions of paragraphs (1) through (3) of this subsection
12 and request immediate service upon the payor.
13 (D) Procedures to Avoid Income Withholding.
14 (1) Except as provided in subsection (F), the obligor
15 may prevent an order for withholding from being served by
16 filing a petition to stay service with the Clerk of the
17 Circuit Court, within 20 days after service of the notice of
18 delinquency; however, the grounds for the petition to stay
19 service shall be limited to a dispute concerning: (a) the
20 amount of current support or the existence or amount of the
21 delinquency; or (b) the identity of the obligor.
22 The Clerk of the Circuit Court shall notify the obligor
23 and the obligee or public office, as appropriate, of the time
24 and place of the hearing on the petition to stay service. The
25 court shall hold such hearing pursuant to the provisions of
26 subsection (H).
27 (2) Except as provided in subsection (F), filing of a
28 petition to stay service, within the 20-day period required
29 under this subsection, shall prohibit the obligee or public
30 office from serving the order for withholding on any payor of
31 the obligor.
32 (E) Initial Service of Order for Withholding.
33 (1) Except as provided in subsection (F), in order to
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1 serve an order for withholding upon a payor, an obligee or
2 public office shall follow the procedures set forth in this
3 subsection. After 20 days following service of the notice of
4 delinquency, the obligee or public office shall file with the
5 Clerk of the Circuit Court an affidavit, with the copy of the
6 notice of delinquency attached thereto, stating:
7 (a) that the notice of delinquency has been duly
8 served and the date on which service was effected; and
9 (b) that the obligor has not filed a petition to
10 stay service, or in the alternative
11 (c) that the obligor has waived the provisions of
12 subparagraphs (a) and (b) of this paragraph (1) in
13 accordance with subsection (C)(4).
14 (2) Upon request of the obligee or public office, the
15 Clerk of the Circuit shall: (a) make available any record of
16 payment; and (b) determine that the file contains a copy of
17 the affidavit described in paragraph (1). The Clerk shall
18 then provide to the obligee or public office a specially
19 certified copy of the order for withholding and the notice of
20 delinquency indicating that the preconditions for service
21 have been met.
22 (3) The obligee or public office may then serve the
23 notice of delinquency and order for withholding on the payor,
24 its superintendent, manager or other agent, by certified mail
25 or personal delivery. A proof of service shall be filed with
26 the Clerk of the Circuit Court.
27 (F) Subsequent Service of Order for Withholding.
28 (1) Notwithstanding the provisions of this Section, at
29 any time after the court has ordered immediate service of an
30 order for withholding or after initial service of an order
31 for withholding pursuant to subsection (E), the obligee or
32 public office may serve the order for withholding upon any
33 payor of the obligor without further notice to the obligor.
34 The obligee or public office shall provide notice to the
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1 payor, pursuant to paragraph (6) of subsection (I), of any
2 payments that have been made through previous withholding or
3 any other method.
4 (2) The Clerk of the Circuit Court shall, upon request,
5 provide the obligee or public office with specially certified
6 copies of the order for withholding or the notice of
7 delinquency or both whenever the Court has ordered immediate
8 service of an order for withholding or an affidavit has been
9 placed in the court file indicating that the preconditions
10 for service have been previously met. The obligee or public
11 office may then serve the order for withholding on the payor,
12 its superintendent, manager or other agent by certified mail
13 or personal delivery. A proof of service shall be filed with
14 the Clerk of the Circuit Court.
15 (3) If a delinquency has accrued for any reason, the
16 obligee or public office may serve a notice of delinquency
17 upon the obligor pursuant to subsection (C). The obligor may
18 prevent the notice of delinquency from being served upon the
19 payor by utilizing the procedures set forth in subsection
20 (D). If no petition to stay service has been filed within the
21 required 20 day time period, the obligee or public office may
22 serve the notice of delinquency on the payor by utilizing the
23 procedures for service set forth in subsection (E).
24 (G) Duties of Payor.
25 (1) It shall be the duty of any payor who has been
26 served with a copy of the specially certified order for
27 withholding and any notice of delinquency to deduct and pay
28 over income as provided in this subsection. The payor shall
29 deduct the amount designated in the order for withholding, as
30 supplemented by the notice of delinquency and any notice
31 provided pursuant to paragraph (6) of subsection (I),
32 beginning no later than the next payment of income which is
33 payable to the obligor that occurs 14 days following the date
34 the order and any notice were mailed by certified mail or
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1 placed for personal delivery. The payor may combine all
2 amounts withheld for the benefit of an obligee or public
3 office into a single payment and transmit the payment with a
4 listing of obligors from whom withholding has been effected.
5 The payor shall pay the amount withheld to the obligee or
6 public office within 10 calendar days of the date income is
7 paid to the obligor in accordance with the order for
8 withholding and any subsequent notification received from the
9 public office redirecting payments. If the payor knowingly
10 fails to pay any amount withheld to the obligee or public
11 office within 10 calendar days of the date income is paid to
12 the obligor, the payor shall pay a penalty of $100 for each
13 day that the withheld amount is not paid to the obligee or
14 public office after the period of 10 calendar days has
15 expired. The failure of a payor, on more than one occasion,
16 to pay amounts withheld to the obligee or public office
17 within 10 calendar days of the date income is paid to the
18 obligor creates a presumption that the payor knowingly failed
19 to pay the amounts. This penalty may be collected in a civil
20 action which may be brought against the payor in favor of the
21 obligee. For purposes of this Section, a withheld amount
22 shall be considered paid by a payor on the date it is mailed
23 by the payor, or on the date an electronic funds transfer of
24 the amount has been initiated by the payor, or on the date
25 delivery of the amount has been initiated by the payor. For
26 each deduction, the payor shall provide the obligee or public
27 office, at the time of transmittal, with the date income was
28 paid from which support was withheld.
29 Upon receipt of an order requiring that a minor child be
30 named as a beneficiary of a health insurance plan available
31 through an employer or labor union or trade union, the
32 employer or labor union or trade union shall immediately
33 enroll the minor child as a beneficiary in the the health
34 insurance plan designated by the court order. The employer
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1 shall withhold any required premiums and pay over any amounts
2 so withheld and any additional amounts the employer pays to
3 the insurance carrier in a timely manner. The employer or
4 labor union or trade union shall mail to the obligee, within
5 15 days of enrollment or upon request, notice of the date of
6 coverage, information on the dependent coverage plan, and all
7 forms necessary to obtain reimbursement for covered health
8 expenses, such as would be made available to a new employee.
9 When an order for dependent coverage is in effect and the
10 insurance coverage is terminated or changed for any reason,
11 the employer or labor union or trade union shall notify the
12 obligee within 10 days of the termination or change date
13 along with notice of conversion privileges.
14 For withholding of income, the payor shall be entitled to
15 receive a fee not to exceed $5 per month to be taken from the
16 income to be paid to the obligor.
17 (2) Whenever the obligor is no longer receiving income
18 from the payor, the payor shall return a copy of the order
19 for withholding to the obligee or public office and shall
20 provide information for the purpose of enforcing this
21 Section.
22 (3) Withholding of income under this Section shall be
23 made without regard to any prior or subsequent garnishments,
24 attachments, wage assignments, or any other claims of
25 creditors. Withholding of income under this Section shall
26 not be in excess of the maximum amounts permitted under the
27 federal Consumer Credit Protection Act. If the payor has been
28 served with more than one order for withholding pertaining to
29 the same obligor, the payor shall allocate income available
30 for withholding on a proportionate share basis, giving
31 priority to current support payments. If there is any income
32 available for withholding after withholding for all current
33 support obligations, the payor shall allocate the income to
34 past due support payments ordered in non-AFDC matters and
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1 then to past due support payments ordered in AFDC matters,
2 both on a proportionate share basis. Payment as required by
3 the order for withholding shall be a complete defense by the
4 payor against any claims of the obligor or his creditors as
5 to the sum so paid.
6 (4) No payor shall discharge, discipline, refuse to hire
7 or otherwise penalize any obligor because of the duty to
8 withhold income.
9 (H) Petitions to Stay Service or to Modify, Suspend or
10 Terminate Orders for Withholding.
11 (1) When an obligor files a petition to stay service,
12 the court, after due notice to all parties, shall hear the
13 matter as soon as practicable and shall enter an order
14 granting or denying relief, amending the notice of
15 delinquency, amending the order for withholding where
16 applicable, or otherwise resolving the matter. If the court
17 finds that a delinquency existed when the notice of
18 delinquency was served upon the obligor, in an amount of at
19 least one month's support obligation, or that the obligor was
20 at least 30 days late in paying all or part of the order for
21 support, the court shall order immediate service of the order
22 for withholding. Where the court cannot promptly resolve any
23 dispute over the amount of the delinquency, the court may
24 order immediate service of the order for withholding as to
25 any undisputed amounts specified in an amended notice of
26 delinquency, and may continue the hearing on the disputed
27 amounts.
28 (2) At any time, an obligor, obligee, public office or
29 Clerk of the Circuit Court may petition the court to:
30 (a) modify, suspend or terminate the order for
31 withholding because of a modification, suspension or
32 termination of the underlying order for support; or
33 (b) modify the amount of income to be withheld to
34 reflect payment in full or in part of the delinquency or
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1 arrearage by income withholding or otherwise; or
2 (c) suspend the order for withholding because of
3 inability to deliver income withheld to the obligee due
4 to the obligee's failure to provide a mailing address or
5 other means of delivery.
6 (3) The obligor, obligee or public office shall serve on
7 the payor, by certified mail or personal delivery, a copy of
8 any order entered pursuant to this subsection that affects
9 the duties of the payor.
10 (4) 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 (5) The notice provided for under paragraph (4) of this
20 subsection shall be served on the payor by ordinary mail, and
21 a copy shall be provided to the obligor and the obligee. A
22 copy of the notice shall be filed with the Clerk of the
23 Circuit Court.
24 (6) The order for withholding shall continue to be
25 binding upon the payor until service of any order of the
26 court or notice entered or provided for under this
27 subsection.
28 (I) 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 notice of delinquency filed pursuant to
3 subsection (C) to the Bureau of Child Support of the Illinois
4 Department of Revenue Public Aid.
5 (3) Each obligor shall notify the obligee and the Clerk
6 of the Circuit Court of any change of 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 and the Clerk of the Circuit
10 Court of any new payor, within 7 days.
11 (5) When the Illinois Department of Revenue Public Aid
12 is no longer authorized to receive payments for the obligee,
13 it shall, within 7 days, notify the payor or, where
14 appropriate, the Clerk of the Circuit Court, to redirect
15 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 orders for withholding shall maintain complete, accurate, and
24 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 Revenue Public Aid shall
30 design suggested legal forms for proceeding under this
31 Section and shall make available to the courts such forms and
32 informational materials which describe the procedures and
33 remedies set forth herein for distribution to all parties in
34 support actions.
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1 (9) At the time of transmitting each support payment,
2 the clerk of the circuit court shall provide the obligee or
3 public office, as appropriate, with any information furnished
4 by the payor as to the date income was paid from which such
5 support was withheld.
6 (J) Penalties.
7 (1) Where a payor wilfully fails to withhold or pay over
8 income pursuant to a properly served, specially certified
9 order for withholding and any notice of delinquency, or
10 wilfully discharges, disciplines, refuses to hire or
11 otherwise penalizes an obligor as prohibited by subsection
12 (G), or otherwise fails to comply with any duties imposed by
13 this Section, the obligee, public office or obligor, as
14 appropriate, may file a complaint with the court against the
15 payor. The clerk of the circuit court shall notify the
16 obligee or public office, as appropriate, and the obligor and
17 payor of the time and place of the hearing on the complaint.
18 The court shall resolve any factual dispute including, but
19 not limited to, a denial that the payor is paying or has paid
20 income to the obligor. Upon a finding in favor of the
21 complaining party, the court:
22 (a) shall enter judgment and direct the enforcement
23 thereof for the total amount that the payor wilfully
24 failed to withhold or pay over; and
25 (b) may order employment or reinstatement of or
26 restitution to the obligor, or both, where the obligor
27 has been discharged, disciplined, denied employment or
28 otherwise penalized by the payor and may impose a fine
29 upon the payor not to exceed $200.
30 (2) Any obligee, public office or obligor who wilfully
31 initiates a false proceeding under this Section or who
32 wilfully fails to comply with the requirements of this
33 Section shall be punished as in cases of contempt of court.
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1 (K) Alternative Procedures for Entry and Service of an Order
2 for Withholding.
3 (1) Effective January 1, 1987, in any matter in which an
4 order for withholding has not been entered for any reason,
5 based upon the last order for support that has been entered,
6 and in which the obligor has become delinquent in payment of
7 an amount equal to at least one month's support obligation
8 pursuant to the last order for support or is at least 30 days
9 late in complying with all or part of the order for support,
10 the obligee or public office may prepare and serve an order
11 for withholding pursuant to the procedures set forth in this
12 subsection.
13 (2) The obligee or public office shall:
14 (a) prepare a proposed order for withholding for
15 immediate service as provided by paragraphs (1) and (3)
16 of subsection (B), except that the minimum 20%
17 delinquency payment shall be used;
18 (b) prepare a notice of delinquency as provided by
19 paragraphs (1) and (2) of subsection (C), except the
20 notice shall state further that the order for withholding
21 has not been entered by the court and the conditions
22 under which the order will be entered; and
23 (c) serve the notice of delinquency and form
24 petition to stay service as provided by paragraph (3) of
25 subsection (C), together with the proposed order for
26 withholding, which shall be marked "COPY ONLY".
27 (3) After 20 days following service of the notice of
28 delinquency and proposed order for withholding, in lieu of
29 the provisions of subsection (E), the obligee or public
30 office shall file with the Clerk of the Circuit Court an
31 affidavit, with a copy of the notice of delinquency and
32 proposed order for withholding attached thereto, stating
33 that:
34 (a) the notice of delinquency and proposed order
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1 for withholding have been served upon the obligor and the
2 date on which service was effected;
3 (b) the obligor has not filed a petition to stay
4 service within 20 days of service of such notice and
5 order; and
6 (c) the proposed order for withholding accurately
7 states the terms and amounts contained in the last order
8 for support.
9 (4) Upon the court's satisfaction that the procedures
10 set forth in this subsection have been met, it shall enter
11 the order for withholding.
12 (5) The Clerk shall then provide to the obligee or
13 public office a specially certified copy of the order for
14 withholding and the notice of delinquency indicating that the
15 preconditions for service have been met.
16 (6) The obligee or public office shall serve the
17 specially certified copies of the order for withholding and
18 the notice of delinquency on the payor, its superintendent,
19 manager or other agent by certified mail or personal
20 delivery. A proof of service shall be filed with the Clerk
21 of the Circuit Court.
22 (7) If the obligor requests in writing that income
23 withholding become effective prior to becoming delinquent in
24 payment of an amount equal to one month's support obligation
25 pursuant to the last order for support, or prior to becoming
26 30 days late in paying all or part of the order for support,
27 the obligee or public office shall file an affidavit with the
28 Clerk of the circuit Court, with a proposed order for
29 withholding attached, stating that the proposed order
30 accurately states the terms and amounts contained in the last
31 order for support and the obligor's request for immediate
32 service. The provisions of paragraphs (4) through (6) of
33 this subsection shall apply, except that a notice of
34 delinquency shall not be required.
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1 (8) All other provisions of this Section shall be
2 applicable with respect to the provisions of this subsection
3 (K), except that under paragraph (1) of subsection (H), the
4 court may also amend the proposed order for withholding to
5 conform to the last order for support.
6 (9) Nothing in this subsection shall be construed as
7 limiting the requirements of paragraph (1) of subsection (B)
8 with respect to the entry of a separate order for withholding
9 upon entry of any order for support.
10 (L) Remedies in Addition to Other Laws.
11 (1) The rights, remedies, duties and penalties created
12 by this Section are in addition to and not in substitution
13 for any other rights, remedies, duties and penalties created
14 by any other law.
15 (2) Nothing in this Section shall be construed as
16 invalidating any assignment of wages or benefits executed
17 prior to January 1, 1984.
18 (Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
19 88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
20 (Text of Section after amendment by P.A. 89-507)
21 Sec. 26.1. Withholding of Income to Secure Payment of
22 Support.
23 (A) Definitions.
24 (1) "Order for support" means any order of the court
25 which provides for periodic payment of funds for the support
26 of a child or maintenance of a spouse, whether temporary or
27 final, and includes any such order which provides for:
28 (a) modification or resumption of, or payment of
29 arrearage accrued under, a previously existing order;
30 (b) reimbursement of support; or
31 (c) enrollment in a health insurance plan that is
32 available to the obligor through an employer or labor
33 union or trade union.
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1 (2) "Arrearage" means the total amount of unpaid support
2 obligations.
3 (3) "Delinquency" means any payment under an order for
4 support which becomes due and remains unpaid after an order
5 for withholding has been entered under subsection (B) or, for
6 purposes of subsection (K), after the last order for support
7 was entered for which no order for withholding was entered.
8 (4) "Income" means any form of periodic payment to an
9 individual, regardless of source, including, but not limited
10 to: wages, salary, commission, compensation as an independent
11 contractor, workers' compensation, disability, annuity and
12 retirement benefits, lottery prize awards, insurance
13 proceeds, vacation pay, bonuses, profit-sharing payments and
14 any other payments, made by any person, private entity,
15 federal or state government, any unit of local government,
16 school district or any entity created by Public Act; however,
17 "income" excludes:
18 (a) any amounts required by law to be withheld,
19 other than creditor claims, including, but not limited
20 to, federal, State and local taxes, Social Security and
21 other retirement and disability contributions;
22 (b) union dues;
23 (c) any amounts exempted by the federal Consumer
24 Credit Protection Act;
25 (d) public assistance payments; and
26 (e) unemployment insurance benefits except as
27 provided by law.
28 Any other State or local laws which limit or exempt
29 income or the amount or percentage of income that can be
30 withheld shall not apply.
31 (5) "Obligor" means the individual who owes a duty to
32 make payments under an order for support.
33 (6) "Obligee" means the individual to whom a duty of
34 support is owed or the individual's legal representative.
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1 (7) "Payor" means any payor of income to an obligor.
2 (8) "Public office" means any elected official or any
3 State or local agency which is or may become responsible by
4 law for enforcement of, or which is or may become authorized
5 to enforce, an order for support, including, but not limited
6 to: the Attorney General, the Illinois Department of Revenue
7 Public Aid, the Illinois Department of Human Services, the
8 Illinois Department of Children and Family Services, and the
9 various State's Attorneys, Clerks of the Circuit Court and
10 supervisors of general assistance.
11 (9) "Premium" means the dollar amount for which the
12 obligor is liable to his employer or labor union or trade
13 union and which must be paid to enroll or maintain a child in
14 a health insurance plan that is available to the obligor
15 through an employer or labor union or trade union.
16 (B) Entry of an Order for Withholding.
17 (1) Upon entry of any order for support on or after
18 January 1, 1984, the court shall enter a separate order for
19 withholding which shall not take effect unless the obligor
20 becomes delinquent in paying the order for support or the
21 obligor requests an earlier effective date; except that the
22 court may require the order for withholding to take effect
23 immediately.
24 On or after January 1, 1989, the court shall require the
25 order for withholding to take effect immediately, unless a
26 written agreement is reached between and signed by both
27 parties providing for an alternative arrangement, approved
28 and entered into the record by the court, which insures
29 payment of support. In that case, the court shall enter the
30 order for withholding which will not take effect unless the
31 obligor becomes delinquent in paying the order for support.
32 Upon entry of any order of support on or after September
33 11, 1989, if the obligor is not a United States citizen, the
34 obligor shall provide to the court the obligor's alien
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1 registration number, passport number, and home country's
2 social security or national health number, if applicable; the
3 court shall make the information part of the record in the
4 case.
5 (2) An order for withholding shall be entered upon
6 petition by the obligee or public office where an order for
7 withholding has not been previously entered.
8 (3) The order for withholding shall:
9 (a) direct any payor to withhold a dollar amount
10 equal to the order for support; and
11 (b) direct any payor to withhold an additional
12 dollar amount, not less than 20% of the order for
13 support, until payment in full of any delinquency stated
14 in the notice of delinquency provided for in subsection
15 (C) or (F) of this Section; and
16 (c) direct any payor or labor union or trade union
17 to enroll a child as a beneficiary of a health insurance
18 plan and withhold or cause to be withheld, if applicable,
19 any required premiums; and
20 (d) state the rights, remedies and duties of the
21 obligor under this Section; and
22 (e) include the obligor's Social Security Number,
23 which the obligor shall disclose to the court; and
24 (f) include the date that withholding for current
25 support terminates, which shall be the date of
26 termination of the current support obligation set forth
27 in the order for support.
28 (4) At the time the order for withholding is entered,
29 the Clerk of the Circuit Court shall provide a copy of the
30 order for withholding and the order for support to the
31 obligor and shall make copies available to the obligee and
32 public office. Any copy of the order for withholding
33 furnished to the parties under this subsection shall be
34 stamped "Not Valid".
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1 (5) The order for withholding shall remain in effect for
2 as long as the order for support upon which it is based.
3 (6) The failure of an order for withholding to state an
4 arrearage is not conclusive of the issue of whether an
5 arrearage is owing.
6 (7) Notwithstanding the provisions of this subsection,
7 if the court finds at the time of any hearing that an
8 arrearage has accrued in an amount equal to at least one
9 month's support obligation or that the obligor is 30 days
10 late in paying all or part of the order for support, the
11 court shall order immediate service of the order for
12 withholding upon the payor.
13 (8) Where the court has not required that the order for
14 withholding take effect immediately, the obligee or public
15 office may prepare and serve a notice for immediate
16 withholding upon the obligor by ordinary mail addressed to
17 the obligor at his or her last known address. The notice
18 shall state that the following circumstances have occurred:
19 (a) The parties' written agreement providing an
20 alternative arrangement to immediate withholding under
21 paragraph (1) of this subsection no longer provides for
22 timely payment of all support due; or
23 (b) The obligor has not made timely payments in
24 that the obligor has been at least 7 days late in paying
25 all or part of the order for support any of the last 6
26 consecutive dates payments were due prior to the date of
27 the notice for immediate withholding.
28 The notice for immediate withholding shall clearly state
29 that a specially certified copy of the order for withholding
30 will be sent to the payor, unless the obligor files a
31 petition contesting immediate withholding within 20 days
32 after service of the notice; however, the grounds for the
33 petition shall be limited to a dispute concerning whether the
34 circumstances stated in the notice have occurred or the
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1 identity of the obligor. It shall not be grounds for the
2 petition that the obligor has made all payments due by the
3 date of the petition.
4 If the obligor files a petition contesting immediate
5 withholding within the 20-day period required under this
6 paragraph, the Clerk of the Circuit Court shall notify the
7 obligor and the obligee or public office, as appropriate, of
8 the time and place of the hearing on the petition. Upon
9 hearing the petition, the court shall enter an order granting
10 or denying relief. It shall not be grounds for granting the
11 obligor's petition that he or she has made all payments due
12 by the date of hearing. If the court denies the obligor's
13 petition, it shall order immediate service of the order for
14 withholding and direct the clerk to provide a specially
15 certified copy of the order for withholding to the obligee or
16 public office indicating that the requirements for immediate
17 withholding under this paragraph have been met.
18 If the obligor does not file a petition contesting
19 immediate withholding within the 20-day period, the obligee
20 or public office shall file with the Clerk of the Circuit
21 Court an affidavit, with a copy of the notice for immediate
22 withholding attached thereto, stating that the notice was
23 duly served and the date on which service was effected, and
24 that the obligor has not filed a petition contesting
25 immediate withholding. The clerk shall then provide to the
26 obligee or public office a specially certified copy of the
27 order for withholding indicating that the requirements for
28 immediate withholding under this paragraph have been met.
29 Upon receipt of a specially certified copy of the order
30 for withholding, the obligee or public office may serve the
31 order on the payor, its superintendent, manager or other
32 agent, by certified mail or personal delivery. A proof of
33 service shall be filed with the Clerk of the Circuit Court.
34 (C) Notice of Delinquency.
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1 (1) Whenever an obligor becomes delinquent in payment of
2 an amount equal to at least one month's support obligation
3 pursuant to the order for support or is at least 30 days late
4 in complying with all or part of the order for support,
5 whichever occurs first, the obligee or public office may
6 prepare and serve a verified notice of delinquency, together
7 with a form petition to stay service, pursuant to paragraph
8 (3) of this subsection.
9 (2) The notice of delinquency shall recite the terms of
10 the order for support and contain a computation of the period
11 and total amount of the delinquency, as of the date of the
12 notice. The notice shall clearly state that it will be sent
13 to the payor, together with a specially certified copy of the
14 order for withholding, except as provided in subsection (F),
15 unless the obligor files a petition to stay service in
16 accordance with paragraph (1) of subsection (D).
17 (3) The notice of delinquency shall be served by
18 ordinary mail addressed to the obligor at his or her last
19 known address.
20 (4) The obligor may execute a written waiver of the
21 provisions of paragraphs (1) through (3) of this subsection
22 and request immediate service upon the payor.
23 (D) Procedures to Avoid Income Withholding.
24 (1) Except as provided in subsection (F), the obligor
25 may prevent an order for withholding from being served by
26 filing a petition to stay service with the Clerk of the
27 Circuit Court, within 20 days after service of the notice of
28 delinquency; however, the grounds for the petition to stay
29 service shall be limited to a dispute concerning: (a) the
30 amount of current support or the existence or amount of the
31 delinquency; or (b) the identity of the obligor.
32 The Clerk of the Circuit Court shall notify the obligor
33 and the obligee or public office, as appropriate, of the time
34 and place of the hearing on the petition to stay service. The
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1 court shall hold such hearing pursuant to the provisions of
2 subsection (H).
3 (2) Except as provided in subsection (F), filing of a
4 petition to stay service, within the 20-day period required
5 under this subsection, shall prohibit the obligee or public
6 office from serving the order for withholding on any payor of
7 the obligor.
8 (E) Initial Service of Order for Withholding.
9 (1) Except as provided in subsection (F), in order to
10 serve an order for withholding upon a payor, an obligee or
11 public office shall follow the procedures set forth in this
12 subsection. After 20 days following service of the notice of
13 delinquency, the obligee or public office shall file with the
14 Clerk of the Circuit Court an affidavit, with the copy of the
15 notice of delinquency attached thereto, stating:
16 (a) that the notice of delinquency has been duly
17 served and the date on which service was effected; and
18 (b) that the obligor has not filed a petition to
19 stay service, or in the alternative
20 (c) that the obligor has waived the provisions of
21 subparagraphs (a) and (b) of this paragraph (1) in
22 accordance with subsection (C)(4).
23 (2) Upon request of the obligee or public office, the
24 Clerk of the Circuit shall: (a) make available any record of
25 payment; and (b) determine that the file contains a copy of
26 the affidavit described in paragraph (1). The Clerk shall
27 then provide to the obligee or public office a specially
28 certified copy of the order for withholding and the notice of
29 delinquency indicating that the preconditions for service
30 have been met.
31 (3) The obligee or public office may then serve the
32 notice of delinquency and order for withholding on the payor,
33 its superintendent, manager or other agent, by certified mail
34 or personal delivery. A proof of service shall be filed with
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1 the Clerk of the Circuit Court.
2 (F) Subsequent Service of Order for Withholding.
3 (1) Notwithstanding the provisions of this Section, at
4 any time after the court has ordered immediate service of an
5 order for withholding or after initial service of an order
6 for withholding pursuant to subsection (E), the obligee or
7 public office may serve the order for withholding upon any
8 payor of the obligor without further notice to the obligor.
9 The obligee or public office shall provide notice to the
10 payor, pursuant to paragraph (6) of subsection (I), of any
11 payments that have been made through previous withholding or
12 any other method.
13 (2) The Clerk of the Circuit Court shall, upon request,
14 provide the obligee or public office with specially certified
15 copies of the order for withholding or the notice of
16 delinquency or both whenever the Court has ordered immediate
17 service of an order for withholding or an affidavit has been
18 placed in the court file indicating that the preconditions
19 for service have been previously met. The obligee or public
20 office may then serve the order for withholding on the payor,
21 its superintendent, manager or other agent by certified mail
22 or personal delivery. A proof of service shall be filed with
23 the Clerk of the Circuit Court.
24 (3) If a delinquency has accrued for any reason, the
25 obligee or public office may serve a notice of delinquency
26 upon the obligor pursuant to subsection (C). The obligor may
27 prevent the notice of delinquency from being served upon the
28 payor by utilizing the procedures set forth in subsection
29 (D). If no petition to stay service has been filed within the
30 required 20 day time period, the obligee or public office may
31 serve the notice of delinquency on the payor by utilizing the
32 procedures for service set forth in subsection (E).
33 (G) Duties of Payor.
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1 (1) It shall be the duty of any payor who has been
2 served with a copy of the specially certified order for
3 withholding and any notice of delinquency to deduct and pay
4 over income as provided in this subsection. The payor shall
5 deduct the amount designated in the order for withholding, as
6 supplemented by the notice of delinquency and any notice
7 provided pursuant to paragraph (6) of subsection (I),
8 beginning no later than the next payment of income which is
9 payable to the obligor that occurs 14 days following the date
10 the order and any notice were mailed by certified mail or
11 placed for personal delivery. The payor may combine all
12 amounts withheld for the benefit of an obligee or public
13 office into a single payment and transmit the payment with a
14 listing of obligors from whom withholding has been effected.
15 The payor shall pay the amount withheld to the obligee or
16 public office within 10 calendar days of the date income is
17 paid to the obligor in accordance with the order for
18 withholding and any subsequent notification received from the
19 public office redirecting payments. If the payor knowingly
20 fails to pay any amount withheld to the obligee or public
21 office within 10 calendar days of the date income is paid to
22 the obligor, the payor shall pay a penalty of $100 for each
23 day that the withheld amount is not paid to the obligee or
24 public office after the period of 10 calendar days has
25 expired. The failure of a payor, on more than one occasion,
26 to pay amounts withheld to the obligee or public office
27 within 10 calendar days of the date income is paid to the
28 obligor creates a presumption that the payor knowingly failed
29 to pay the amounts. This penalty may be collected in a civil
30 action which may be brought against the payor in favor of the
31 obligee. For purposes of this Section, a withheld amount
32 shall be considered paid by a payor on the date it is mailed
33 by the payor, or on the date an electronic funds transfer of
34 the amount has been initiated by the payor, or on the date
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1 delivery of the amount has been initiated by the payor. For
2 each deduction, the payor shall provide the obligee or public
3 office, at the time of transmittal, with the date income was
4 paid from which support was withheld.
5 Upon receipt of an order requiring that a minor child be
6 named as a beneficiary of a health insurance plan available
7 through an employer or labor union or trade union, the
8 employer or labor union or trade union shall immediately
9 enroll the minor child as a beneficiary in the the health
10 insurance plan designated by the court order. The employer
11 shall withhold any required premiums and pay over any amounts
12 so withheld and any additional amounts the employer pays to
13 the insurance carrier in a timely manner. The employer or
14 labor union or trade union shall mail to the obligee, within
15 15 days of enrollment or upon request, notice of the date of
16 coverage, information on the dependent coverage plan, and all
17 forms necessary to obtain reimbursement for covered health
18 expenses, such as would be made available to a new employee.
19 When an order for dependent coverage is in effect and the
20 insurance coverage is terminated or changed for any reason,
21 the employer or labor union or trade union shall notify the
22 obligee within 10 days of the termination or change date
23 along with notice of conversion privileges.
24 For withholding of income, the payor shall be entitled to
25 receive a fee not to exceed $5 per month to be taken from the
26 income to be paid to the obligor.
27 (2) Whenever the obligor is no longer receiving income
28 from the payor, the payor shall return a copy of the order
29 for withholding to the obligee or public office and shall
30 provide information for the purpose of enforcing this
31 Section.
32 (3) Withholding of income under this Section shall be
33 made without regard to any prior or subsequent garnishments,
34 attachments, wage assignments, or any other claims of
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1 creditors. Withholding of income under this Section shall
2 not be in excess of the maximum amounts permitted under the
3 federal Consumer Credit Protection Act. If the payor has been
4 served with more than one order for withholding pertaining to
5 the same obligor, the payor shall allocate income available
6 for withholding on a proportionate share basis, giving
7 priority to current support payments. If there is any income
8 available for withholding after withholding for all current
9 support obligations, the payor shall allocate the income to
10 past due support payments ordered in non-AFDC matters and
11 then to past due support payments ordered in AFDC matters,
12 both on a proportionate share basis. Payment as required by
13 the order for withholding shall be a complete defense by the
14 payor against any claims of the obligor or his creditors as
15 to the sum so paid.
16 (4) No payor shall discharge, discipline, refuse to hire
17 or otherwise penalize any obligor because of the duty to
18 withhold income.
19 (H) Petitions to Stay Service or to Modify, Suspend or
20 Terminate Orders for Withholding.
21 (1) When an obligor files a petition to stay service,
22 the court, after due notice to all parties, shall hear the
23 matter as soon as practicable and shall enter an order
24 granting or denying relief, amending the notice of
25 delinquency, amending the order for withholding where
26 applicable, or otherwise resolving the matter. If the court
27 finds that a delinquency existed when the notice of
28 delinquency was served upon the obligor, in an amount of at
29 least one month's support obligation, or that the obligor was
30 at least 30 days late in paying all or part of the order for
31 support, the court shall order immediate service of the order
32 for withholding. Where the court cannot promptly resolve any
33 dispute over the amount of the delinquency, the court may
34 order immediate service of the order for withholding as to
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1 any undisputed amounts specified in an amended notice of
2 delinquency, and may continue the hearing on the disputed
3 amounts.
4 (2) At any time, an obligor, obligee, public office or
5 Clerk of the Circuit Court may petition the court to:
6 (a) modify, suspend or terminate the order for
7 withholding because of a modification, suspension or
8 termination of the underlying order for support; or
9 (b) modify the amount of income to be withheld to
10 reflect payment in full or in part of the delinquency or
11 arrearage by income withholding or otherwise; or
12 (c) suspend the order for withholding because of
13 inability to deliver income withheld to the obligee due
14 to the obligee's failure to provide a mailing address or
15 other means of delivery.
16 (3) The obligor, obligee or public office shall serve on
17 the payor, by certified mail or personal delivery, a copy of
18 any order entered pursuant to this subsection that affects
19 the duties of the payor.
20 (4) 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 (5) The notice provided for under paragraph (4) of this
30 subsection shall be served on the payor by ordinary mail, and
31 a copy shall be provided to the obligor and the obligee. A
32 copy of the notice shall be filed with the Clerk of the
33 Circuit Court.
34 (6) The order for withholding shall continue to be
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1 binding upon the payor until service of any order of the
2 court or notice entered or provided for under this
3 subsection.
4 (I) 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 notice of delinquency filed pursuant to
13 subsection (C) to the Bureau of Child Support of the Illinois
14 Department of Revenue Public Aid.
15 (3) Each obligor shall notify the obligee and the Clerk
16 of the Circuit Court of any change of 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 and the Clerk of the Circuit
20 Court of any new payor, within 7 days.
21 (5) When the Illinois Department of Revenue Public Aid
22 is no longer authorized to receive payments for the obligee,
23 it shall, within 7 days, notify the payor or, where
24 appropriate, the Clerk of the Circuit Court, to redirect
25 income withholding 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 orders for withholding shall maintain complete, accurate, and
34 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 Illinois Department of Revenue Public Aid shall
6 design suggested legal forms for proceeding under this
7 Section and shall make available to the courts such forms and
8 informational materials which describe the procedures and
9 remedies set forth herein for distribution to all parties in
10 support 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 income was paid from which such
15 support was withheld.
16 (J) Penalties.
17 (1) Where a payor wilfully fails to withhold or pay over
18 income pursuant to a properly served, specially certified
19 order for withholding and any notice of delinquency, or
20 wilfully discharges, disciplines, refuses to hire or
21 otherwise penalizes an obligor as prohibited by subsection
22 (G), 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 (K) Alternative Procedures for Entry and Service of an Order
11 for Withholding.
12 (1) Effective January 1, 1987, in any matter in which an
13 order for withholding has not been entered for any reason,
14 based upon the last order for support that has been entered,
15 and in which the obligor has become delinquent in payment of
16 an amount equal to at least one month's support obligation
17 pursuant to the last order for support or is at least 30 days
18 late in complying with all or part of the order for support,
19 the obligee or public office may prepare and serve an order
20 for withholding pursuant to the procedures set forth in this
21 subsection.
22 (2) The obligee or public office shall:
23 (a) prepare a proposed order for withholding for
24 immediate service as provided by paragraphs (1) and (3)
25 of subsection (B), except that the minimum 20%
26 delinquency payment shall be used;
27 (b) prepare a notice of delinquency as provided by
28 paragraphs (1) and (2) of subsection (C), except the
29 notice shall state further that the order for withholding
30 has not been entered by the court and the conditions
31 under which the order will be entered; and
32 (c) serve the notice of delinquency and form
33 petition to stay service as provided by paragraph (3) of
34 subsection (C), together with the proposed order for
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1 withholding, which shall be marked "COPY ONLY".
2 (3) After 20 days following service of the notice of
3 delinquency and proposed order for withholding, in lieu of
4 the provisions of subsection (E), the obligee or public
5 office shall file with the Clerk of the Circuit Court an
6 affidavit, with a copy of the notice of delinquency and
7 proposed order for withholding attached thereto, stating
8 that:
9 (a) the notice of delinquency and proposed order
10 for withholding have been served upon the obligor and the
11 date on which service was effected;
12 (b) the obligor has not filed a petition to stay
13 service within 20 days of service of such notice and
14 order; and
15 (c) the proposed order for withholding accurately
16 states the terms and amounts contained in the last order
17 for support.
18 (4) Upon the court's satisfaction that the procedures
19 set forth in this subsection have been met, it shall enter
20 the order for withholding.
21 (5) The Clerk shall then provide to the obligee or
22 public office a specially certified copy of the order for
23 withholding and the notice of delinquency indicating that the
24 preconditions for service have been met.
25 (6) The obligee or public office shall serve the
26 specially certified copies of the order for withholding and
27 the notice of delinquency on the payor, its superintendent,
28 manager or other agent by certified mail or personal
29 delivery. A proof of service shall be filed with the Clerk
30 of the Circuit Court.
31 (7) If the obligor requests in writing that income
32 withholding become effective prior to becoming delinquent in
33 payment of an amount equal to one month's support obligation
34 pursuant to the last order for support, or prior to becoming
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1 30 days late in paying all or part of the order for support,
2 the obligee or public office shall file an affidavit with the
3 Clerk of the circuit Court, with a proposed order for
4 withholding attached, stating that the proposed order
5 accurately states the terms and amounts contained in the last
6 order for support and the obligor's request for immediate
7 service. The provisions of paragraphs (4) through (6) of
8 this subsection shall apply, except that a notice of
9 delinquency shall not be required.
10 (8) All other provisions of this Section shall be
11 applicable with respect to the provisions of this subsection
12 (K), except that under paragraph (1) of subsection (H), the
13 court may also amend the proposed order for withholding to
14 conform to the last order for support.
15 (9) Nothing in this subsection shall be construed as
16 limiting the requirements of paragraph (1) of subsection (B)
17 with respect to the entry of a separate order for withholding
18 upon entry of any order for support.
19 (L) Remedies in Addition to Other Laws.
20 (1) The rights, remedies, duties and penalties created
21 by this Section are in addition to and not in substitution
22 for any other rights, remedies, duties and penalties created
23 by any other law.
24 (2) Nothing in this Section shall be construed as
25 invalidating any assignment of wages or benefits executed
26 prior to January 1, 1984.
27 (Source: P.A. 88-26; 88-45; 88-94; 88-131; 88-307; 88-670,
28 eff. 12-2-94; 89-507, eff. 7-1-97.)
29 (750 ILCS 20/29) (from Ch. 40, par. 1229)
30 Sec. 29. Additional duty of initiating court. An
31 initiating court shall receive and disburse forthwith all
32 payments made by the obligor or sent by the responding court.
33 This duty may be carried out through the clerk of the court.
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1 On and after the effective date of this amendatory Act of
2 1997, any reference to the Illinois Department of Public Aid
3 in this Section shall be a reference to the Department of
4 Revenue and any reference to the Public Assistance Recoveries
5 Trust Fund shall be a reference to the Child Support
6 Recoveries Trust Fund. If the obligee and other dependents
7 for whom support or reimbursement therefor has been ordered
8 pursuant to Section 24 of this Act are recipients of public
9 aid under the Illinois Public Aid Code, each court of this
10 State, in respect to payments received by it as initiating
11 court, shall order such payments to be transmitted to (1) the
12 Illinois Department of Public Aid if the obligee, other
13 dependents, or both, are recipients of aid under Articles
14 III, IV or V of the Code, or (2) the local governmental unit
15 responsible for the support of the obligee, other dependents,
16 or both, if they are recipients under Articles VI or VII of
17 the Code. In accordance with federal law and regulations, the
18 Illinois Department of Public Aid may continue to collect
19 current maintenance payments or child support payments, or
20 both, after those persons cease to receive public assistance
21 and until termination of services under Article X of the
22 Illinois Public Aid Code. The Illinois Department of Public
23 Aid shall pay the net amount collected to those persons after
24 deducting any costs incurred in making the collection or any
25 collection fee from the amount of any recovery made. Upon
26 removal of the obligee, other dependents, or both, from the
27 public aid rolls or upon termination of services under
28 Article X of the Illinois Public Aid Code, the Illinois
29 Department or the local governmental unit, as the case
30 requires, shall give notice of such action in writing or by
31 electronic transmission to the court, together with request
32 that subsequent payments be made directly to the obligee, the
33 other dependents, or both, or to some other person or agency
34 in their behalf.
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1 Upon notification in writing or by electronic
2 transmission from the Illinois Department of Public Aid to
3 the clerk of the court that a person who is receiving support
4 payments under this Section is receiving services under the
5 Child Support Enforcement Program established by Title IV-D
6 of the Social Security Act, any support payments subsequently
7 received by the clerk of the court shall be transmitted in
8 accordance with the instructions of the Illinois Department
9 of Public Aid until the Department gives notice to the clerk
10 of the court to cease the transmittal. After providing the
11 notification authorized under this paragraph, the Illinois
12 Department of Public Aid shall be entitled as a party to
13 notice of any further proceedings in the case. The clerk of
14 the court shall file a copy of the Illinois Department of
15 Public Aid's notification in the court file. The failure of
16 the clerk to file a copy of the notification in the court
17 file shall not, however, affect the Illinois Department of
18 Public Aid's right to receive notice of further proceedings.
19 Payments under this Section to the Illinois Department of
20 Public Aid pursuant to the Child Support Enforcement Program
21 established by Title IV-D of the Social Security Act shall be
22 paid into the Child Support Enforcement Trust Fund. All other
23 payments under this Section to the Illinois Department of
24 Public Aid shall be deposited in the Public Assistance
25 Recoveries Trust Fund. Disbursements from these funds shall
26 be as provided in the Illinois Public Aid Code. Payments
27 received by a local governmental unit shall be deposited in
28 that unit's General Assistance Fund.
29 (Source: P.A. 88-687, eff. 1-24-95.)
30 Section 40. The Illinois Parentage Act of 1984 is
31 amended by changing Sections 20, 21, and 22 as follows:
32 (750 ILCS 45/20) (from Ch. 40, par. 2520)
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1 (Text of Section before amendment by P.A. 89-507)
2 Sec. 20. 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, whether temporary or final, and includes any such
8 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;
12 (c) payment or reimbursement of the expense of
13 pregnancy and delivery; or
14 (d) enrollment in a health insurance plan that is
15 available to the obligor through an employer or labor
16 union or trade union.
17 (2) "Arrearage" means the total amount of unpaid support
18 obligations.
19 (3) "Delinquency" means any payment under an order for
20 support which becomes due and remains unpaid after an order
21 for withholding has been entered under subsection (B) or, for
22 purposes of subsection (K), after the last order for support
23 was entered for which no order for withholding was entered.
24 (4) "Income" means any form of periodic payment to an
25 individual, regardless of source, including, but not limited
26 to: wages, salary, commission, compensation as an independent
27 contractor, workers' compensation, disability, annuity and
28 retirement benefits, lottery prize awards, insurance
29 proceeds, vacation pay, bonuses, profit-sharing payments and
30 any other payments, made by any person, private entity,
31 federal or state government, any unit of local government,
32 school district or any entity created by Public Act; however,
33 "income" excludes:
34 (a) any amounts required by law to be withheld,
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1 other than creditor claims, including, but not limited
2 to, federal, State and local taxes, Social Security and
3 other retirement and disability contributions;
4 (b) union dues;
5 (c) any amounts exempted by the federal Consumer
6 Credit Protection Act;
7 (d) public assistance payments; and
8 (e) unemployment insurance benefits except as
9 provided by law.
10 Any other State or local laws which limit or exempt
11 income or the amount or percentage of income that can be
12 withheld shall not apply.
13 (5) "Obligor" means the individual who owes a duty to
14 make payments under an order for support.
15 (6) "Obligee" means the individual to whom a duty of
16 support is owed or the individual's legal representative.
17 (7) "Payor" means any payor of income to an obligor.
18 (8) "Public office" means any elected official or any
19 State or local agency which is or may become responsible by
20 law for enforcement of, or which is or may become authorized
21 to enforce, an order for support, including, but not limited
22 to: the Attorney General, the Illinois Department of Revenue
23 Public Aid, the Illinois Department of Mental Health and
24 Developmental Disabilities, the Illinois Department of
25 Children and Family Services, and the various State's
26 Attorneys, Clerks of the Circuit Court and supervisors of
27 general assistance.
28 (9) "Premium" means the dollar amount for which the
29 obligor is liable to his employer or labor union or trade
30 union and which must be paid to enroll or maintain a child in
31 a health insurance plan that is available to the obligor
32 through an employer or labor union or trade union.
33 (B) Entry of an Order for Withholding.
34 (1) Upon entry of any order for support on or after July
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1 1, 1985, the court shall enter a separate order for
2 withholding which shall not take effect unless the obligor
3 becomes delinquent in paying the order for support or the
4 obligor requests an earlier effective date; except that the
5 court may require the order for withholding to take effect
6 immediately.
7 On or after January 1, 1989, the court shall require the
8 order for withholding to take effect immediately, unless a
9 written agreement is reached between and signed by both
10 parties providing for an alternative arrangement, approved
11 and entered into the record by the court, which insures
12 payment of support. In that case, the court shall enter the
13 order for withholding which will not take effect unless the
14 obligor becomes delinquent in paying the order for support.
15 Upon entry of any order of support on or after September
16 11, 1989, if the obligor is not a United States citizen, the
17 obligor shall provide to the court the obligor's alien
18 registration number, passport number, and home country's
19 social security or national health number, if applicable; the
20 court shall make the information part of the record in the
21 case.
22 (2) An order for withholding shall be entered upon
23 petition by the obligee or public office where an order for
24 withholding has not been previously entered.
25 (3) The order for withholding shall:
26 (a) direct any payor to withhold a dollar amount
27 equal to the order for support; and
28 (b) direct any payor to withhold an additional
29 dollar amount, not less than 20% of the order for
30 support, until payment in full of any delinquency stated
31 in the notice of delinquency provided for in subsection
32 (C) or (F) of this Section; and
33 (c) direct any payor or labor union or trade union
34 to enroll a child as a beneficiary of a health insurance
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1 plan and withhold or cause to be withheld, if applicable,
2 any required premiums; and
3 (d) state the rights, remedies and duties of the
4 obligor under this Section; and
5 (e) include the obligor's Social Security Number,
6 which the obligor shall disclose to the court; and
7 (f) 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) At the time the order for withholding is entered,
12 the Clerk of the Circuit Court shall provide a copy of the
13 order for withholding and the order for support to the
14 obligor and shall make copies available to the obligee and
15 public office. Any copy of the order for withholding
16 furnished to the parties under this subsection shall be
17 stamped "Not Valid".
18 (5) The order for withholding shall remain in effect for
19 as long as the order for support upon which it is based.
20 (6) The failure of an order for withholding to state an
21 arrearage is not conclusive of the issue of whether an
22 arrearage is owing.
23 (7) Notwithstanding the provisions of this subsection,
24 if the court finds at the time of any hearing that arrearage
25 has accrued in an amount equal to at least one month's
26 support obligation or that the obligor is 30 days late in
27 paying all or part of the order for support, the court shall
28 order immediate service of the order for withholding upon the
29 payor.
30 (8) Where the court has not required that the order for
31 withholding take effect immediately, the obligee or public
32 office may prepare and serve a notice for immediate
33 withholding upon the obligor by ordinary mail addressed to
34 the obligor at his or her last known address. The notice
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1 shall state that the following circumstances have occurred:
2 (a) The parties' written agreement providing an
3 alternative arrangement to immediate withholding under
4 paragraph (1) of this subsection no longer provides for
5 timely payment of all support due; or
6 (b) The obligor has not made timely payments in
7 that the obligor has been at least 7 days late in paying
8 all or part of the order for support any of the last 6
9 consecutive dates payments were due prior to the date of
10 the notice for immediate withholding.
11 The notice for immediate withholding shall clearly state
12 that a specially certified copy of the order for withholding
13 will be sent to the payor, unless the obligor files a
14 petition contesting immediate withholding within 20 days
15 after service of the notice; however, the grounds for the
16 petition shall be limited to a dispute concerning whether the
17 circumstances stated in the notice have occurred or the
18 identity of the obligor. It shall not be grounds for the
19 petition that the obligor has made all payments due by the
20 date of the petition.
21 If the obligor files a petition contesting immediate
22 withholding within the 20-day period required under this
23 paragraph, the Clerk of the Circuit Court shall notify the
24 obligor and the obligee or public office, as appropriate, of
25 the time and place of the hearing on the petition. Upon
26 hearing the petition, the court shall enter an order granting
27 or denying relief. It shall not be grounds for granting the
28 obligor's petition that he or she has made all payments due
29 by the date of hearing. If the court denies the obligor's
30 petition, it shall order immediate service of the order for
31 withholding and direct the clerk to provide a specially
32 certified copy of the order for withholding to the obligee or
33 public office indicating that the requirements for immediate
34 withholding under this paragraph have been met.
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1 If the obligor does not file a petition contesting
2 immediate withholding within the 20-day period, the obligee
3 or public office shall file with the Clerk of the Circuit
4 Court an affidavit, with a copy of the notice for immediate
5 withholding attached thereto, stating that the notice was
6 duly served and the date on which service was effected, and
7 that the obligor has not filed a petition contesting
8 immediate withholding. The clerk shall then provide to the
9 obligee or public office a specially certified copy of the
10 order for withholding indicating that the requirements for
11 immediate withholding under this paragraph have been met.
12 Upon receipt of a specially certified copy of the order
13 for withholding, the obligee or public office may serve the
14 order on the payor, its superintendent, manager or other
15 agent, by certified mail or personal delivery. A proof of
16 service shall be filed with the Clerk of the Circuit Court.
17 (C) Notice of Delinquency.
18 (1) Whenever an obligor becomes delinquent in payment of
19 an amount equal to at least one month's support obligation
20 pursuant to the order for support or is at least 30 days late
21 in complying with all or part of the order for support,
22 whichever occurs first, the obligee or public office may
23 prepare and serve a verified notice of delinquency, together
24 with a form petition to stay service, pursuant to paragraph
25 (3) of this subsection.
26 (2) The notice of delinquency shall recite the terms of
27 the order for support and contain a computation of the period
28 and total amount of the delinquency, as of the date of the
29 notice. The notice shall clearly state that it will be sent
30 to the payor, together with a specially certified copy of the
31 order for withholding, except as provided in subsection (F),
32 unless the obligor files a petition to stay service in
33 accordance with paragraph (1) of subsection (D).
34 (3) The notice of delinquency shall be served by
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1 ordinary mail addressed to the obligor at his or her last
2 known address.
3 (4) The obligor may execute a written waiver of the
4 provisions of paragraphs (1) through (3) of this subsection
5 and request immediate service upon the payor.
6 (D) Procedures to Avoid Income Withholding.
7 (1) Except as provided in subsection (F), the obligor
8 may prevent an order for withholding from being served by
9 filing a petition to stay service with the Clerk of the
10 Circuit Court, within 20 days after service of the notice of
11 delinquency; however, the grounds for the petition to stay
12 service shall be limited to a dispute concerning: (a) the
13 amount of current support or the existence or amount of the
14 delinquency; or (b) the identity of the obligor.
15 The Clerk of the Circuit Court shall notify the obligor
16 and the obligee or public office, as appropriate, of the time
17 and place of the hearing on the petition to stay service. The
18 court shall hold such hearing pursuant to the provisions of
19 subsection (H).
20 (2) Except as provided in subsection (F), filing of a
21 petition to stay service, within the 20-day period required
22 under this subsection, shall prohibit the obligee or public
23 office from serving the order for withholding on any payor of
24 the obligor.
25 (E) Initial Service of Order for Withholding.
26 (1) Except as provided in subsection (F), in order to
27 serve an order for withholding upon a payor, an obligee or
28 public office shall follow the procedures set forth in this
29 subsection. After 20 days following service of the notice of
30 delinquency, the obligee or public office shall file with the
31 Clerk of the Circuit Court an affidavit, with the copy of the
32 notice of delinquency attached thereto, stating:
33 (a) that the notice of delinquency has been duly
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1 served and the date on which service was effected; and
2 (b) that the obligor has not filed a petition to
3 stay service, or in the alternative
4 (c) that the obligor has waived the provisions of
5 subparagraphs (a) and (b) of this paragraph (1) in
6 accordance with subsection (C)(4).
7 (2) Upon request of the obligee or public office, the
8 Clerk of the Circuit Court shall: (a) make available any
9 record of payment; and (b) determine that the file contains a
10 copy of the affidavit described in paragraph (1). The Clerk
11 shall then provide to the obligee or public office a
12 specially certified copy of the order for withholding and the
13 notice of delinquency indicating that the preconditions for
14 service have been met.
15 (3) The obligee or public office may then serve the
16 notice of delinquency and order for withholding on the payor,
17 its superintendent, manager or other agent, by certified mail
18 or personal delivery. A proof of service shall be filed with
19 the Clerk of the Circuit Court.
20 (F) Subsequent Service of Order for Withholding.
21 (1) Notwithstanding the provisions of this Section, at
22 any time after the court has ordered immediate service of an
23 order for withholding or after initial service of an order
24 for withholding pursuant to subsection (E), the obligee or
25 public office may serve the order for withholding upon any
26 payor of the obligor without further notice to the obligor.
27 The obligee or public office shall provide notice to the
28 payor, pursuant to paragraph (6) of subsection (I), of any
29 payments that have been made through previous withholding or
30 any other method.
31 (2) The Clerk of the Circuit Court shall, upon request,
32 provide the obligee or public office with specially certified
33 copies of the order for withholding or the notice of
34 delinquency or both whenever the Court has ordered immediate
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1 service of an order for withholding or an affidavit has been
2 placed in the court file indicating that the preconditions
3 for service have been previously met. The obligee or public
4 office may then serve the order for withholding on the payor,
5 its superintendent, manager or other agent by certified mail
6 or personal delivery. A proof of service shall be filed with
7 the Clerk of the Circuit Court.
8 (3) If a delinquency has accrued for any reason, the
9 obligee or public office may serve a notice of delinquency
10 upon the obligor pursuant to subsection (C). The obligor may
11 prevent the notice of delinquency from being served upon the
12 payor by utilizing the procedures set forth in subsection
13 (D). If no petition to stay service has been filed within the
14 required 20 day time period, the obligee or public office may
15 serve the notice of delinquency on the payor by utilizing the
16 procedures for service set forth in subsection (E).
17 (G) Duties of Payor.
18 (1) It shall be the duty of any payor who has been
19 served with a copy of the specially certified order for
20 withholding and any notice of delinquency to deduct and pay
21 over income as provided in this subsection. The payor shall
22 deduct the amount designated in the order for withholding, as
23 supplemented by the notice of delinquency and any notice
24 provided pursuant to paragraph (6) of subsection (I),
25 beginning no later than the next payment of income which is
26 payable to the obligor that occurs 14 days following the date
27 the order and any notice were mailed by certified mail or
28 placed for personal delivery. The payor may combine all
29 amounts withheld for the benefit of an obligee or public
30 office into a single payment and transmit the payment with a
31 listing of obligors from whom withholding has been effected.
32 The payor shall pay the amount withheld to the obligee or
33 public office within 10 calendar days of the date income is
34 paid to the obligor in accordance with the order for
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1 withholding and any subsequent notification received from the
2 public office redirecting payments. If the payor knowingly
3 fails to pay any amount withheld to the obligee or public
4 office within 10 calendar days of the date income is paid to
5 the obligor, the payor shall pay a penalty of $100 for each
6 day that the withheld amount is not paid to the obligee or
7 public office after the period of 10 calendar days has
8 expired. The failure of a payor, on more than one occasion,
9 to pay amounts withheld to the obligee or public office
10 within 10 calendar days of the date income is paid to the
11 obligor creates a presumption that the payor knowingly failed
12 to pay the amounts. This penalty may be collected in a civil
13 action which may be brought against the payor in favor of the
14 obligee. For purposes of this Section, a withheld amount
15 shall be considered paid by a payor on the date it is mailed
16 by the payor, or on the date an electronic funds transfer of
17 the amount has been initiated by the payor, or on the date
18 delivery of the amount has been initiated by the payor. For
19 each deduction, the payor shall provide the obligee or public
20 office, at the time of transmittal, with the date income was
21 paid from which support was withheld.
22 Upon receipt of an order requiring that a minor child be
23 named as a beneficiary of a health insurance plan available
24 through an employer or labor union or trade union, the
25 employer or labor union or trade union shall immediately
26 enroll the minor child as a beneficiary in the health
27 insurance plan designated by the court order. The employer
28 shall withhold any required premiums and pay over any amounts
29 so withheld and any additional amounts the employer pays to
30 the insurance carrier in a timely manner. The employer or
31 labor union or trade union shall mail to the obligee, within
32 15 days of enrollment or upon request, notice of the date of
33 coverage, information on the dependent coverage plan, and all
34 forms necessary to obtain reimbursement for covered health
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1 expenses, such as would be made available to a new employee.
2 When an order for dependent coverage is in effect and the
3 insurance coverage is terminated or changed for any reason,
4 the employer or labor union or trade union shall notify the
5 obligee within 10 days of the termination or change date
6 along with notice of conversion privileges.
7 For withholding of income, the payor shall be entitled to
8 receive a fee not to exceed $5 per month to be taken from the
9 income to be paid to the obligor.
10 (2) Whenever the obligor is no longer receiving income
11 from the payor, the payor shall return a copy of the order
12 for withholding to the obligee or public office and shall
13 provide information for the purpose of enforcing this
14 Section.
15 (3) Withholding of income under this Section shall be
16 made without regard to any prior or subsequent garnishments,
17 attachments, wage assignments, or any other claims of
18 creditors. Withholding of income under this Section shall
19 not be in excess of the maximum amounts permitted under the
20 federal Consumer Credit Protection Act. If the payor has been
21 served with more than one order for withholding pertaining to
22 the same obligor, the payor shall allocate income available
23 for withholding on a proportionate share basis, giving
24 priority to current support payments. If there is any income
25 available for withholding after withholding for all current
26 support obligations, the payor shall allocate the income to
27 past due support payments ordered in non-AFDC matters and
28 then to past due support payments ordered in AFDC matters,
29 both on a proportionate share basis. Payment as required by
30 the order for withholding shall be a complete defense by the
31 payor against any claims of the obligor or his creditors as
32 to the sum so paid.
33 (4) No payor shall discharge, discipline, refuse to hire
34 or otherwise penalize any obligor because of the duty to
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1 withhold income.
2 (H) Petitions to Stay Service or to Modify, Suspend or
3 Terminate Orders for Withholding.
4 (1) When an obligor files a petition to stay service,
5 the court, after due notice to all parties, shall hear the
6 matter as soon as practicable and shall enter an order
7 granting or denying relief, amending the notice of
8 delinquency, amending the order for withholding, where
9 applicable, or otherwise resolving the matter. If the court
10 finds that a delinquency existed when the notice of
11 delinquency was served upon the obligor, in an amount of at
12 least one month's support obligation, or that the obligor was
13 at least 30 days late in paying all or part of the order for
14 support, the court shall order immediate service of the order
15 for withholding. Where the court cannot promptly resolve any
16 dispute over the amount of the delinquency, the court may
17 order immediate service of the order for withholding as to
18 any undisputed amounts specified in an amended notice of
19 delinquency, and may continue the hearing on the disputed
20 amounts.
21 (2) At any time, an obligor, obligee, public office or
22 Clerk of the Circuit Court may petition the court to:
23 (a) modify, suspend or terminate the order for
24 withholding because of a modification, suspension or
25 termination of the underlying order for support; or
26 (b) modify the amount of income to be withheld to
27 reflect payment in full or in part of the delinquency or
28 arrearage by income withholding or otherwise; or
29 (c) suspend the order for withholding because of
30 inability to deliver income withheld to the obligee due
31 to the obligee's failure to provide a mailing address or
32 other means of delivery.
33 (3) The obligor, obligee or public office shall serve on
34 the payor, by certified mail or personal delivery, a copy of
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1 any order entered pursuant to this subsection that affects
2 the duties of the payor.
3 (4) At any time, a public office or Clerk of the Circuit
4 Court may serve a notice on the payor to:
5 (a) cease withholding of income for payment of
6 current support for a child when the support obligation
7 for that child has automatically ceased under the order
8 for support through emancipation or otherwise; or
9 (b) cease withholding of income for payment of
10 delinquency or arrearage when the delinquency or
11 arrearage has been paid in full.
12 (5) The notice provided for under paragraph (4) of this
13 subsection shall be served on the payor by ordinary mail, and
14 a copy shall be provided to the obligor and the obligee. A
15 copy of the notice shall be filed with the Clerk of the
16 Circuit Court.
17 (6) The order for withholding shall continue to be
18 binding upon the payor until service of any order of the
19 court or notice entered or provided for under this
20 subsection.
21 (I) Additional Duties.
22 (1) An obligee who is receiving income withholding
23 payments under this Section shall notify the payor, if the
24 obligee receives the payments directly from the payor, or the
25 public office or the Clerk of the Circuit Court, as
26 appropriate, of any change of address within 7 days of such
27 change.
28 (2) An obligee who is a recipient of public aid shall
29 send a copy of any notice of delinquency filed pursuant to
30 subsection (C) to the Bureau of Child Support of the Illinois
31 Department of Revenue Public Aid.
32 (3) Each obligor shall notify the obligee and the Clerk
33 of the Circuit Court of any change of address within 7 days.
34 (4) An obligor whose income is being withheld or who has
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1 been served with a notice of delinquency pursuant to this
2 Section shall notify the obligee and the Clerk of the Circuit
3 Court of any new payor, within 7 days.
4 (5) When the Illinois Department of Revenue Public Aid
5 is no longer authorized to receive payments for the obligee,
6 it shall, within 7 days, notify the payor or, where
7 appropriate, the Clerk of the Circuit Court, to redirect
8 income withholding payments to the obligee.
9 (6) The obligee or public office shall provide notice to
10 the payor and Clerk of the Circuit Court of any other support
11 payment made, including but not limited to, a set-off under
12 federal and State law or partial payment of the delinquency
13 or arrearage, or both.
14 (7) Any public office and Clerk of the Circuit Court
15 which collects, disburses or receives payments pursuant to
16 orders for withholding shall maintain complete, accurate, and
17 clear records of all payments and their disbursements.
18 Certified copies of payment records maintained by a public
19 office or Clerk of the Circuit Court shall, without further
20 proof, be admitted into evidence in any legal proceedings
21 under this Section.
22 (8) The Illinois Department of Revenue Public Aid shall
23 design suggested legal forms for proceeding under this
24 Section and shall make available to the courts such forms and
25 informational materials which describe the procedures and
26 remedies set forth herein for distribution to all parties in
27 support actions.
28 (9) At the time of transmitting each support payment,
29 the clerk of the circuit court shall provide the obligee or
30 public office, as appropriate, with any information furnished
31 by the payor as to the date income was paid from which such
32 support was withheld.
33 (J) Penalties.
34 (1) Where a payor wilfully fails to withhold or pay over
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1 income pursuant to a properly served, specially certified
2 order for withholding and any notice of delinquency, or
3 wilfully discharges, disciplines, refuses to hire or
4 otherwise penalizes an obligor as prohibited by subsection
5 (G), or otherwise fails to comply with any duties imposed by
6 this Section, the obligee, public office or obligor, as
7 appropriate, may file a complaint with the court against the
8 payor. The clerk of the circuit court shall notify the
9 obligee or public office, as appropriate, and the obligor and
10 payor of the time and place of the hearing on the complaint.
11 The court shall resolve any factual dispute including, but
12 not limited to, a denial that the payor is paying or has paid
13 income to the obligor. Upon a finding in favor of the
14 complaining party, the court:
15 (a) shall enter judgment and order the enforcement
16 thereof for the total amount that the payor wilfully
17 failed to withhold or pay over; and
18 (b) may order employment or reinstatement of or
19 restitution to the obligor, or both, where the obligor
20 has been discharged, disciplined, denied employment or
21 otherwise penalized by the payor and may impose a fine
22 upon the payor not to exceed $200.
23 (2) Any obligee, public office or obligor who wilfully
24 initiates a false proceeding under this Section or who
25 wilfully fails to comply with the requirements of this
26 Section shall be punished as in cases of contempt of court.
27 (K) Alternative Procedures for Entry and Service of an Order
28 for Withholding.
29 (1) Effective January 1, 1987, in any matter in which an
30 order for withholding has not been entered for any reason,
31 based upon the last order for support that has been entered,
32 and in which the obligor has become delinquent in payment of
33 an amount equal to at least one month's support obligation
34 pursuant to the last order for support or is at least 30 days
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1 late in complying with all or part of the order for support,
2 the obligee or public office may prepare and serve an order
3 for withholding pursuant to the procedures set forth in this
4 subsection.
5 (2) The obligee or public office shall:
6 (a) prepare a proposed order for withholding for
7 immediate service as provided by paragraphs (1) and (3)
8 of subsection (B), except that the minimum 20%
9 delinquency payment shall be used;
10 (b) prepare a notice of delinquency as provided by
11 paragraphs (1) and (2) of subsection (C), except the
12 notice shall state further that the order for withholding
13 has not been entered by the court and the conditions
14 under which the order will be entered; and
15 (c) serve the notice of delinquency and form
16 petition to stay service as provided by paragraph (3) of
17 subsection (C), together with the proposed order for
18 withholding, which shall be marked "COPY ONLY".
19 (3) After 20 days following service of the notice of
20 delinquency and proposed order for withholding, in lieu of
21 the provisions of subsection (E), the obligee or public
22 office shall file with the Clerk of the Circuit Court an
23 affidavit, with a copy of the notice of delinquency and
24 proposed order for withholding attached thereto, stating
25 that:
26 (a) the notice of delinquency and proposed order
27 for withholding have been served upon the obligor and the
28 date on which service was effected;
29 (b) the obligor has not filed a petition to stay
30 service within 20 days of service of such notice and
31 order; and
32 (c) the proposed order for withholding accurately
33 states the terms and amounts contained in the last order
34 for support.
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1 (4) Upon the court's satisfaction that the procedures
2 set forth in this subsection have been met, it shall enter
3 the order for withholding.
4 (5) The Clerk shall then provide to the obligee or
5 public office a specially certified copy of the order for
6 withholding and the notice of delinquency indicating that the
7 preconditions for service have been met.
8 (6) The obligee or public office shall serve the
9 specially certified copies of the order for withholding and
10 the notice of delinquency on the payor, its superintendent,
11 manager or other agent by certified mail or personal
12 delivery. A proof of service shall be filed with the Clerk
13 of the Circuit Court.
14 (7) If the obligor requests in writing that income
15 withholding become effective prior to becoming delinquent in
16 payment of an amount equal to one month's support obligation
17 pursuant to the last order for support, or prior to becoming
18 30 days late in paying all or part of the order for support,
19 the obligee or public office shall file an affidavit with the
20 Clerk of the circuit Court, with a proposed order for
21 withholding attached, stating that the proposed order
22 accurately states the terms and amounts contained in the last
23 order for support and the obligor's request for immediate
24 service. The provisions of paragraphs (4) through (6) of
25 this subsection shall apply, except that a notice of
26 delinquency shall not be required.
27 (8) All other provisions of this Section shall be
28 applicable with respect to the provisions of this subsection
29 (K), except that under paragraph (1) of subsection (H), the
30 court may also amend the proposed order for withholding to
31 conform to the last order for support.
32 (9) Nothing in this subsection shall be construed as
33 limiting the requirements of paragraph (1) of subsection (B)
34 with respect to the entry of a separate order for withholding
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1 upon entry of any order for support.
2 (L) Remedies in Addition to Other Laws.
3 (1) The rights, remedies, duties and penalties created
4 by this Section are in addition to and not in substitution
5 for any other rights, remedies, duties and penalties created
6 by any other law.
7 (2) Nothing in this Section shall be construed as
8 invalidating any assignment of wages or benefits executed
9 prior to July 1, 1985.
10 (Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
11 88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
12 (Text of Section after amendment by P.A. 89-507)
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.
30 (3) "Delinquency" means any payment under an order for
31 support which becomes due and remains unpaid after an order
32 for withholding has been entered under subsection (B) or, for
33 purposes of subsection (K), after the last order for support
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1 was entered for which no order for withholding was entered.
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 and
6 retirement benefits, lottery prize awards, insurance
7 proceeds, vacation pay, bonuses, profit-sharing payments and
8 any other payments, made by any person, private entity,
9 federal or state government, any unit of local government,
10 school district or any entity created by Public Act; however,
11 "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 an Order for Withholding.
11 (1) Upon entry of any order for support on or after July
12 1, 1985, the court shall enter a separate order for
13 withholding which shall not take effect unless the obligor
14 becomes delinquent in paying the order for support or the
15 obligor requests an earlier effective date; except that the
16 court may require the order for withholding to take effect
17 immediately.
18 On or after January 1, 1989, the court shall require the
19 order for withholding to take effect immediately, unless a
20 written agreement is reached between and signed by both
21 parties providing for an alternative arrangement, approved
22 and entered into the record by the court, which insures
23 payment of support. In that case, the court shall enter the
24 order for withholding which will not take effect unless the
25 obligor becomes delinquent in paying the order for support.
26 Upon entry of any order of support on or after September
27 11, 1989, if the obligor is not a United States citizen, the
28 obligor shall provide to the court the obligor's alien
29 registration number, passport number, and home country's
30 social security or national health number, if applicable; the
31 court shall make the information part of the record in the
32 case.
33 (2) An order for withholding shall be entered upon
34 petition by the obligee or public office where an order for
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1 withholding has not been previously entered.
2 (3) The order for withholding shall:
3 (a) direct any payor to withhold a dollar amount
4 equal to the order for support; and
5 (b) direct any payor to withhold an additional
6 dollar amount, not less than 20% of the order for
7 support, until payment in full of any delinquency stated
8 in the notice of delinquency provided for in subsection
9 (C) or (F) of this Section; and
10 (c) direct any payor or labor union or trade union
11 to enroll a child as a beneficiary of a health insurance
12 plan and withhold or cause to be withheld, if applicable,
13 any required premiums; and
14 (d) state the rights, remedies and duties of the
15 obligor under this Section; and
16 (e) include the obligor's Social Security Number,
17 which the obligor shall disclose to the court; and
18 (f) include the date that withholding for current
19 support terminates, which shall be the date of
20 termination of the current support obligation set forth
21 in the order for support.
22 (4) At the time the order for withholding is entered,
23 the Clerk of the Circuit Court shall provide a copy of the
24 order for withholding and the order for support to the
25 obligor and shall make copies available to the obligee and
26 public office. Any copy of the order for withholding
27 furnished to the parties under this subsection shall be
28 stamped "Not Valid".
29 (5) The order for withholding shall remain in effect for
30 as long as the order for support upon which it is based.
31 (6) The failure of an order for withholding to state an
32 arrearage is not conclusive of the issue of whether an
33 arrearage is owing.
34 (7) Notwithstanding the provisions of this subsection,
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1 if the court finds at the time of any hearing that arrearage
2 has accrued in an amount equal to at least one month's
3 support obligation or that the obligor is 30 days late in
4 paying all or part of the order for support, the court shall
5 order immediate service of the order for withholding upon the
6 payor.
7 (8) Where the court has not required that the order for
8 withholding take effect immediately, the obligee or public
9 office may prepare and serve a notice for immediate
10 withholding upon the obligor by ordinary mail addressed to
11 the obligor at his or her last known address. The notice
12 shall state that the following circumstances have occurred:
13 (a) The parties' written agreement providing an
14 alternative arrangement to immediate withholding under
15 paragraph (1) of this subsection no longer provides for
16 timely payment of all support due; or
17 (b) The obligor has not made timely payments in
18 that the obligor has been at least 7 days late in paying
19 all or part of the order for support any of the last 6
20 consecutive dates payments were due prior to the date of
21 the notice for immediate withholding.
22 The notice for immediate withholding shall clearly state
23 that a specially certified copy of the order for withholding
24 will be sent to the payor, unless the obligor files a
25 petition contesting immediate withholding within 20 days
26 after service of the notice; however, the grounds for the
27 petition shall be limited to a dispute concerning whether the
28 circumstances stated in the notice have occurred or the
29 identity of the obligor. It shall not be grounds for the
30 petition that the obligor has made all payments due by the
31 date of the petition.
32 If the obligor files a petition contesting immediate
33 withholding within the 20-day period required under this
34 paragraph, the Clerk of the Circuit Court shall notify the
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1 obligor and the obligee or public office, as appropriate, of
2 the time and place of the hearing on the petition. Upon
3 hearing the petition, the court shall enter an order granting
4 or denying relief. It shall not be grounds for granting the
5 obligor's petition that he or she has made all payments due
6 by the date of hearing. If the court denies the obligor's
7 petition, it shall order immediate service of the order for
8 withholding and direct the clerk to provide a specially
9 certified copy of the order for withholding to the obligee or
10 public office indicating that the requirements for immediate
11 withholding under this paragraph have been met.
12 If the obligor does not file a petition contesting
13 immediate withholding within the 20-day period, the obligee
14 or public office shall file with the Clerk of the Circuit
15 Court an affidavit, with a copy of the notice for immediate
16 withholding attached thereto, stating that the notice was
17 duly served and the date on which service was effected, and
18 that the obligor has not filed a petition contesting
19 immediate withholding. The clerk shall then provide to the
20 obligee or public office a specially certified copy of the
21 order for withholding indicating that the requirements for
22 immediate withholding under this paragraph have been met.
23 Upon receipt of a specially certified copy of the order
24 for withholding, the obligee or public office may serve the
25 order on the payor, its superintendent, manager or other
26 agent, by certified mail or personal delivery. A proof of
27 service shall be filed with the Clerk of the Circuit Court.
28 (C) Notice of Delinquency.
29 (1) Whenever an obligor becomes delinquent in payment of
30 an amount equal to at least one month's support obligation
31 pursuant to the order for support or is at least 30 days late
32 in complying with all or part of the order for support,
33 whichever occurs first, the obligee or public office may
34 prepare and serve a verified notice of delinquency, together
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1 with a form petition to stay service, pursuant to paragraph
2 (3) of this subsection.
3 (2) The notice of delinquency shall recite the terms of
4 the order for support and contain a computation of the period
5 and total amount of the delinquency, as of the date of the
6 notice. The notice shall clearly state that it will be sent
7 to the payor, together with a specially certified copy of the
8 order for withholding, except as provided in subsection (F),
9 unless the obligor files a petition to stay service in
10 accordance with paragraph (1) of subsection (D).
11 (3) The notice of delinquency shall be served by
12 ordinary mail addressed to the obligor at his or her last
13 known address.
14 (4) The obligor may execute a written waiver of the
15 provisions of paragraphs (1) through (3) of this subsection
16 and request immediate service upon the payor.
17 (D) Procedures to Avoid Income Withholding.
18 (1) Except as provided in subsection (F), the obligor
19 may prevent an order for withholding from being served by
20 filing a petition to stay service with the Clerk of the
21 Circuit Court, within 20 days after service of the notice of
22 delinquency; however, the grounds for the petition to stay
23 service shall be limited to a dispute concerning: (a) the
24 amount of current support or the existence or amount of the
25 delinquency; or (b) the identity of the obligor.
26 The Clerk of the Circuit Court shall notify the obligor
27 and the obligee or public office, as appropriate, of the time
28 and place of the hearing on the petition to stay service. The
29 court shall hold such hearing pursuant to the provisions of
30 subsection (H).
31 (2) Except as provided in subsection (F), filing of a
32 petition to stay service, within the 20-day period required
33 under this subsection, shall prohibit the obligee or public
34 office from serving the order for withholding on any payor of
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1 the obligor.
2 (E) Initial Service of Order for Withholding.
3 (1) Except as provided in subsection (F), in order to
4 serve an order for withholding upon a payor, an obligee or
5 public office shall follow the procedures set forth in this
6 subsection. After 20 days following service of the notice of
7 delinquency, the obligee or public office shall file with the
8 Clerk of the Circuit Court an affidavit, with the copy of the
9 notice of delinquency attached thereto, stating:
10 (a) that the notice of delinquency has been duly
11 served and the date on which service was effected; and
12 (b) that the obligor has not filed a petition to
13 stay service, or in the alternative
14 (c) that the obligor has waived the provisions of
15 subparagraphs (a) and (b) of this paragraph (1) in
16 accordance with subsection (C)(4).
17 (2) Upon request of the obligee or public office, the
18 Clerk of the Circuit Court shall: (a) make available any
19 record of payment; and (b) determine that the file contains a
20 copy of the affidavit described in paragraph (1). The Clerk
21 shall then provide to the obligee or public office a
22 specially certified copy of the order for withholding and the
23 notice of delinquency indicating that the preconditions for
24 service have been met.
25 (3) The obligee or public office may then serve the
26 notice of delinquency and order for withholding on the payor,
27 its superintendent, manager or other agent, by certified mail
28 or personal delivery. A proof of service shall be filed with
29 the Clerk of the Circuit Court.
30 (F) Subsequent Service of Order for Withholding.
31 (1) Notwithstanding the provisions of this Section, at
32 any time after the court has ordered immediate service of an
33 order for withholding or after initial service of an order
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1 for withholding pursuant to subsection (E), the obligee or
2 public office may serve the order for withholding upon any
3 payor of the obligor without further notice to the obligor.
4 The obligee or public office shall provide notice to the
5 payor, pursuant to paragraph (6) of subsection (I), of any
6 payments that have been made through previous withholding or
7 any other method.
8 (2) The Clerk of the Circuit Court shall, upon request,
9 provide the obligee or public office with specially certified
10 copies of the order for withholding or the notice of
11 delinquency or both whenever the Court has ordered immediate
12 service of an order for withholding or an affidavit has been
13 placed in the court file indicating that the preconditions
14 for service have been previously met. The obligee or public
15 office may then serve the order for withholding on the payor,
16 its superintendent, manager or other agent by certified mail
17 or personal delivery. A proof of service shall be filed with
18 the Clerk of the Circuit Court.
19 (3) If a delinquency has accrued for any reason, the
20 obligee or public office may serve a notice of delinquency
21 upon the obligor pursuant to subsection (C). The obligor may
22 prevent the notice of delinquency from being served upon the
23 payor by utilizing the procedures set forth in subsection
24 (D). If no petition to stay service has been filed within the
25 required 20 day time period, the obligee or public office may
26 serve the notice of delinquency on the payor by utilizing the
27 procedures for service set forth in subsection (E).
28 (G) Duties of Payor.
29 (1) It shall be the duty of any payor who has been
30 served with a copy of the specially certified order for
31 withholding and any notice of delinquency to deduct and pay
32 over income as provided in this subsection. The payor shall
33 deduct the amount designated in the order for withholding, as
34 supplemented by the notice of delinquency and any notice
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1 provided pursuant to paragraph (6) of subsection (I),
2 beginning no later than the next payment of income which is
3 payable to the obligor that occurs 14 days following the date
4 the order and any notice were mailed by certified mail or
5 placed for personal delivery. The payor may combine all
6 amounts withheld for the benefit of an obligee or public
7 office into a single payment and transmit the payment with a
8 listing of obligors from whom withholding has been effected.
9 The payor shall pay the amount withheld to the obligee or
10 public office within 10 calendar days of the date income is
11 paid to the obligor in accordance with the order for
12 withholding and any subsequent notification received from the
13 public office redirecting payments. If the payor knowingly
14 fails to pay any amount withheld to the obligee or public
15 office within 10 calendar days of the date income is paid to
16 the obligor, the payor shall pay a penalty of $100 for each
17 day that the withheld amount is not paid to the obligee or
18 public office after the period of 10 calendar days has
19 expired. The failure of a payor, on more than one occasion,
20 to pay amounts withheld to the obligee or public office
21 within 10 calendar days of the date income is paid to the
22 obligor creates a presumption that the payor knowingly failed
23 to pay the amounts. This penalty may be collected in a civil
24 action which may be brought against the payor in favor of the
25 obligee. For purposes of this Section, a withheld amount
26 shall be considered paid by a payor on the date it is mailed
27 by the payor, or on the date an electronic funds transfer of
28 the amount has been initiated by the payor, or on the date
29 delivery of the amount has been initiated by the payor. For
30 each deduction, the payor shall provide the obligee or public
31 office, at the time of transmittal, with the date income was
32 paid from which support was withheld.
33 Upon receipt of an order requiring that a minor child be
34 named as a beneficiary of a health insurance plan available
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1 through an employer or labor union or trade union, the
2 employer or labor union or trade union shall immediately
3 enroll the minor child as a beneficiary in the health
4 insurance plan designated by the court order. The employer
5 shall withhold any required premiums and pay over any amounts
6 so withheld and any additional amounts the employer pays to
7 the insurance carrier in a timely manner. The employer or
8 labor union or trade union shall mail to the obligee, within
9 15 days of enrollment or upon request, notice of the date of
10 coverage, information on the dependent coverage plan, and all
11 forms necessary to obtain reimbursement for covered health
12 expenses, such as would be made available to a new employee.
13 When an order for dependent coverage is in effect and the
14 insurance coverage is terminated or changed for any reason,
15 the employer or labor union or trade union shall notify the
16 obligee within 10 days of the termination or change date
17 along with notice of conversion privileges.
18 For withholding of income, the payor shall be entitled to
19 receive a fee not to exceed $5 per month to be taken from the
20 income to be paid to the obligor.
21 (2) Whenever the obligor is no longer receiving income
22 from the payor, the payor shall return a copy of the order
23 for withholding to the obligee or public office and shall
24 provide information for the purpose of enforcing this
25 Section.
26 (3) Withholding of income under this Section shall be
27 made without regard to any prior or subsequent garnishments,
28 attachments, wage assignments, or any other claims of
29 creditors. Withholding of income under this Section shall
30 not be in excess of the maximum amounts permitted under the
31 federal Consumer Credit Protection Act. If the payor has been
32 served with more than one order for withholding pertaining to
33 the same obligor, the payor shall allocate income available
34 for withholding on a proportionate share basis, giving
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1 priority to current support payments. If there is any income
2 available for withholding after withholding for all current
3 support obligations, the payor shall allocate the income to
4 past due support payments ordered in non-AFDC matters and
5 then to past due support payments ordered in AFDC matters,
6 both on a proportionate share basis. Payment as required by
7 the order for withholding shall be a complete defense by the
8 payor against any claims of the obligor or his creditors as
9 to the sum so paid.
10 (4) No payor shall discharge, discipline, refuse to hire
11 or otherwise penalize any obligor because of the duty to
12 withhold income.
13 (H) Petitions to Stay Service or to Modify, Suspend or
14 Terminate Orders for Withholding.
15 (1) When an obligor files a petition to stay service,
16 the court, after due notice to all parties, shall hear the
17 matter as soon as practicable and shall enter an order
18 granting or denying relief, amending the notice of
19 delinquency, amending the order for withholding, where
20 applicable, or otherwise resolving the matter. If the court
21 finds that a delinquency existed when the notice of
22 delinquency was served upon the obligor, in an amount of at
23 least one month's support obligation, or that the obligor was
24 at least 30 days late in paying all or part of the order for
25 support, the court shall order immediate service of the order
26 for withholding. Where the court cannot promptly resolve any
27 dispute over the amount of the delinquency, the court may
28 order immediate service of the order for withholding as to
29 any undisputed amounts specified in an amended notice of
30 delinquency, and may continue the hearing on the disputed
31 amounts.
32 (2) At any time, an obligor, obligee, public office or
33 Clerk of the Circuit Court may petition the court to:
34 (a) modify, suspend or terminate the order for
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1 withholding because of a modification, suspension or
2 termination of the underlying order for support; or
3 (b) modify the amount of income to be withheld to
4 reflect payment in full or in part of the delinquency or
5 arrearage by income withholding or otherwise; or
6 (c) suspend the order for withholding because of
7 inability to deliver income withheld to the obligee due
8 to the obligee's failure to provide a mailing address or
9 other means of delivery.
10 (3) The obligor, obligee or public office shall serve on
11 the payor, by certified mail or personal delivery, a copy of
12 any order entered pursuant to this subsection that affects
13 the duties of the payor.
14 (4) At any time, a public office or Clerk of the Circuit
15 Court may serve a notice on the payor to:
16 (a) cease withholding of income for payment of
17 current support for a child when the support obligation
18 for that child has automatically ceased under the order
19 for support through emancipation or otherwise; or
20 (b) cease withholding of income for payment of
21 delinquency or arrearage when the delinquency or
22 arrearage has been paid in full.
23 (5) The notice provided for under paragraph (4) of this
24 subsection shall be served on the payor by ordinary mail, and
25 a copy shall be provided to the obligor and the obligee. A
26 copy of the notice shall be filed with the Clerk of the
27 Circuit Court.
28 (6) The order for withholding shall continue to be
29 binding upon the payor until service of any order of the
30 court or notice entered or provided for under this
31 subsection.
32 (I) Additional Duties.
33 (1) An obligee who is receiving income withholding
34 payments under this Section shall notify the payor, if the
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1 obligee receives the payments directly from the payor, or the
2 public office or the Clerk of the Circuit Court, as
3 appropriate, of any change of address within 7 days of such
4 change.
5 (2) An obligee who is a recipient of public aid shall
6 send a copy of any notice of delinquency filed pursuant to
7 subsection (C) to the Bureau of Child Support of the Illinois
8 Department of Revenue Public Aid.
9 (3) Each obligor shall notify the obligee and the Clerk
10 of the Circuit Court of any change of address within 7 days.
11 (4) An obligor whose income is being withheld or who has
12 been served with a notice of delinquency pursuant to this
13 Section shall notify the obligee and the Clerk of the Circuit
14 Court of any new payor, within 7 days.
15 (5) When the Illinois Department of Revenue Public Aid
16 is no longer authorized to receive payments for the obligee,
17 it shall, within 7 days, notify the payor or, where
18 appropriate, the Clerk of the Circuit Court, to redirect
19 income withholding payments to the obligee.
20 (6) The obligee or public office shall provide notice to
21 the payor and Clerk of the Circuit Court of any other support
22 payment made, including but not limited to, a set-off under
23 federal and State law or partial payment of the delinquency
24 or arrearage, or both.
25 (7) Any public office and Clerk of the Circuit Court
26 which collects, disburses or receives payments pursuant to
27 orders for withholding shall maintain complete, accurate, and
28 clear records of all payments and their disbursements.
29 Certified copies of payment records maintained by a public
30 office or Clerk of the Circuit Court shall, without further
31 proof, be admitted into evidence in any legal proceedings
32 under this Section.
33 (8) The Illinois Department of Revenue Public Aid shall
34 design suggested legal forms for proceeding under this
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1 Section and shall make available to the courts such forms and
2 informational materials which describe the procedures and
3 remedies set forth herein for distribution to all parties in
4 support actions.
5 (9) At the time of transmitting each support payment,
6 the clerk of the circuit court shall provide the obligee or
7 public office, as appropriate, with any information furnished
8 by the payor as to the date income was paid from which such
9 support was withheld.
10 (J) Penalties.
11 (1) Where a payor wilfully fails to withhold or pay over
12 income pursuant to a properly served, specially certified
13 order for withholding and any notice of delinquency, or
14 wilfully discharges, disciplines, refuses to hire or
15 otherwise penalizes an obligor as prohibited by subsection
16 (G), or otherwise fails to comply with any duties imposed by
17 this Section, the obligee, public office or obligor, as
18 appropriate, may file a complaint with the court against the
19 payor. The clerk of the circuit court shall notify the
20 obligee or public office, as appropriate, and the obligor and
21 payor of the time and place of the hearing on the complaint.
22 The court shall resolve any factual dispute including, but
23 not limited to, a denial that the payor is paying or has paid
24 income to the obligor. Upon a finding in favor of the
25 complaining party, the court:
26 (a) shall enter judgment and order the enforcement
27 thereof for the total amount that the payor wilfully
28 failed to withhold or pay over; and
29 (b) may order employment or reinstatement of or
30 restitution to the obligor, or both, where the obligor
31 has been discharged, disciplined, denied employment or
32 otherwise penalized by the payor and may impose a fine
33 upon the payor not to exceed $200.
34 (2) Any obligee, public office or obligor who wilfully
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1 initiates a false proceeding under this Section or who
2 wilfully fails to comply with the requirements of this
3 Section shall be punished as in cases of contempt of court.
4 (K) Alternative Procedures for Entry and Service of an Order
5 for Withholding.
6 (1) Effective January 1, 1987, in any matter in which an
7 order for withholding has not been entered for any reason,
8 based upon the last order for support that has been entered,
9 and in which the obligor has become delinquent in payment of
10 an amount equal to at least one month's support obligation
11 pursuant to the last order for support or is at least 30 days
12 late in complying with all or part of the order for support,
13 the obligee or public office may prepare and serve an order
14 for withholding pursuant to the procedures set forth in this
15 subsection.
16 (2) The obligee or public office shall:
17 (a) prepare a proposed order for withholding for
18 immediate service as provided by paragraphs (1) and (3)
19 of subsection (B), except that the minimum 20%
20 delinquency payment shall be used;
21 (b) prepare a notice of delinquency as provided by
22 paragraphs (1) and (2) of subsection (C), except the
23 notice shall state further that the order for withholding
24 has not been entered by the court and the conditions
25 under which the order will be entered; and
26 (c) serve the notice of delinquency and form
27 petition to stay service as provided by paragraph (3) of
28 subsection (C), together with the proposed order for
29 withholding, which shall be marked "COPY ONLY".
30 (3) After 20 days following service of the notice of
31 delinquency and proposed order for withholding, in lieu of
32 the provisions of subsection (E), the obligee or public
33 office shall file with the Clerk of the Circuit Court an
34 affidavit, with a copy of the notice of delinquency and
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1 proposed order for withholding attached thereto, stating
2 that:
3 (a) the notice of delinquency and proposed order
4 for withholding have been served upon the obligor and the
5 date on which service was effected;
6 (b) the obligor has not filed a petition to stay
7 service within 20 days of service of such notice and
8 order; and
9 (c) the proposed order for withholding accurately
10 states the terms and amounts contained in the last order
11 for support.
12 (4) Upon the court's satisfaction that the procedures
13 set forth in this subsection have been met, it shall enter
14 the order for withholding.
15 (5) The Clerk shall then provide to the obligee or
16 public office a specially certified copy of the order for
17 withholding and the notice of delinquency indicating that the
18 preconditions for service have been met.
19 (6) The obligee or public office shall serve the
20 specially certified copies of the order for withholding and
21 the notice of delinquency on the payor, its superintendent,
22 manager or other agent by certified mail or personal
23 delivery. A proof of service shall be filed with the Clerk
24 of the Circuit Court.
25 (7) If the obligor requests in writing that income
26 withholding become effective prior to becoming delinquent in
27 payment of an amount equal to one month's support obligation
28 pursuant to the last order for support, or prior to becoming
29 30 days late in paying all or part of the order for support,
30 the obligee or public office shall file an affidavit with the
31 Clerk of the circuit Court, with a proposed order for
32 withholding attached, stating that the proposed order
33 accurately states the terms and amounts contained in the last
34 order for support and the obligor's request for immediate
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1 service. The provisions of paragraphs (4) through (6) of
2 this subsection shall apply, except that a notice of
3 delinquency shall not be required.
4 (8) All other provisions of this Section shall be
5 applicable with respect to the provisions of this subsection
6 (K), except that under paragraph (1) of subsection (H), the
7 court may also amend the proposed order for withholding to
8 conform to the last order for support.
9 (9) Nothing in this subsection shall be construed as
10 limiting the requirements of paragraph (1) of subsection (B)
11 with respect to the entry of a separate order for withholding
12 upon entry of any order for support.
13 (L) Remedies in Addition to Other Laws.
14 (1) The rights, remedies, duties and penalties created
15 by this Section are in addition to and not in substitution
16 for any other rights, remedies, duties and penalties created
17 by any other law.
18 (2) Nothing in this Section shall be construed as
19 invalidating any assignment of wages or benefits executed
20 prior to July 1, 1985.
21 (Source: P.A. 88-26; 88-45; 88-94; 88-131; 88-307; 88-670,
22 eff. 12-2-94; 89-507, eff. 7-1-97.)
23 (750 ILCS 45/21) (from Ch. 40, par. 2521)
24 Sec. 21. Support payments; receiving and disbursing
25 agents.
26 On and after the effective date of this amendatory Act of
27 1997, any reference to the Illinois Department of Public Aid
28 in this Section shall be a reference to the Department of
29 Revenue and any reference to the Public Assistance Recoveries
30 Trust Fund shall be a reference to the Child Support
31 Recoveries Trust Fund.
32 (1) In an action filed in counties of less than 3
33 million population in which an order for child support is
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1 entered, and in supplementary proceedings in such counties to
2 enforce or vary the terms of such order arising out of an
3 action filed in such counties, the court, except in actions
4 or supplementary proceedings in which the pregnancy and
5 delivery expenses of the mother or the child support payments
6 are for a recipient of aid under the Illinois Public Aid
7 Code, shall direct that child support payments be made to the
8 clerk of the court unless in the discretion of the court
9 exceptional circumstances warrant otherwise. In cases where
10 payment is to be made to persons other than the clerk of the
11 court the judgment or order of support shall set forth the
12 facts of the exceptional circumstances.
13 (2) In an action filed in counties of 3 million or more
14 population in which an order for child support is entered,
15 and in supplementary proceedings in such counties to enforce
16 or vary the terms of such order arising out of an action
17 filed date in such counties, the court, except in actions or
18 supplementary proceedings in which the pregnancy and delivery
19 expenses of the mother or the child support payments are for
20 a recipient of aid under the Illinois Public Aid Code, shall
21 direct that child support payments be made either to the
22 clerk of the court or to the Court Service Division of the
23 County Department of Public Aid, or to the clerk of the court
24 or to the Illinois Department of Public Aid, unless in the
25 discretion of the court exceptional circumstances warrant
26 otherwise. In cases where payment is to be made to persons
27 other than the clerk of the court, the Court Service Division
28 of the County Department of Public Aid, or the Illinois
29 Department of Public Aid, the judgment or order of support
30 shall set forth the facts of the exceptional circumstances.
31 (3) Where the action or supplementary proceeding is in
32 behalf of a mother for pregnancy and delivery expenses or for
33 child support, or both, and the mother, child, or both, are
34 recipients of aid under the Illinois Public Aid Code, the
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1 court shall order that the payments be made directly to (a)
2 the Illinois Department of Public Aid if the mother or child,
3 or both, are recipients under Articles IV or V of the Code,
4 or (b) the local governmental unit responsible for the
5 support of the mother or child, or both, if they are
6 recipients under Articles VI or VII of the Code. In
7 accordance with federal law and regulations, the Illinois
8 Department of Public Aid may continue to collect current
9 maintenance payments or child support payments, or both,
10 after those persons cease to receive public assistance and
11 until termination of services under Article X of the Illinois
12 Public Aid Code. The Illinois Department of Public Aid shall
13 pay the net amount collected to those persons after deducting
14 any costs incurred in making the collection or any collection
15 fee from the amount of any recovery made. The Illinois
16 Department of Public Aid or the local governmental unit, as
17 the case may be, may direct that payments be made directly to
18 the mother of the child, or to some other person or agency in
19 the child's behalf, upon the removal of the mother and child
20 from the public aid rolls or upon termination of services
21 under Article X of the Illinois Public Aid Code; and upon
22 such direction, the Illinois Department or the local
23 governmental unit, as the case requires, shall give notice of
24 such action to the court in writing or by electronic
25 transmission.
26 (4) All clerks of the court and the Court Service
27 Division of a County Department of Public Aid and the
28 Illinois Department of Public Aid, receiving child support
29 payments under paragraphs (1) or (2) shall disburse the same
30 to the person or persons entitled thereto under the terms of
31 the order. They shall establish and maintain clear and
32 current records of all moneys received and disbursed and of
33 defaults and delinquencies in required payments. The court,
34 by order or rule, shall make provision for the carrying out
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1 of these duties.
2 Upon notification in writing or by electronic
3 transmission from the Illinois Department of Public Aid to
4 the clerk of the court that a person who is receiving support
5 payments under this Section is receiving services under the
6 Child Support Enforcement Program established by Title IV-D
7 of the Social Security Act, any support payments subsequently
8 received by the clerk of the court shall be transmitted in
9 accordance with the instructions of the Illinois Department
10 of Public Aid until the Department gives notice to cease the
11 transmittal. After providing the notification authorized
12 under this paragraph, the Illinois Department of Public Aid
13 shall be entitled as a party to notice of any further
14 proceedings in the case. The clerk of the court shall file a
15 copy of the Illinois Department of Public Aid's notification
16 in the court file. The failure of the clerk to file a copy
17 of the notification in the court file shall not, however,
18 affect the Illinois Department of Public Aid's right to
19 receive notice of further proceedings.
20 Payments under this Section to the Illinois Department of
21 Public Aid pursuant to the Child Support Enforcement Program
22 established by Title IV-D of the Social Security Act shall be
23 paid into the Child Support Enforcement Trust Fund. All
24 other payments under this Section to the Illinois Department
25 of Public Aid shall be deposited in the Public Assistance
26 Recoveries Trust Fund. Disbursement from these funds shall
27 be as provided in the Illinois Public Aid Code. Payments
28 received by a local governmental unit shall be deposited in
29 that unit's General Assistance Fund.
30 (5) The moneys received by persons or agencies
31 designated by the court shall be disbursed by them in
32 accordance with the order. However, the court, on petition
33 of the state's attorney, may enter new orders designating the
34 clerk of the court or the Illinois Department of Public Aid,
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1 as the person or agency authorized to receive and disburse
2 child support payments and, in the case of recipients of
3 public aid, the court, on petition of the Attorney General or
4 State's Attorney, shall direct subsequent payments to be paid
5 to the Illinois Department of Public Aid or to the
6 appropriate local governmental unit, as provided in paragraph
7 (3). Payments of child support by principals or sureties on
8 bonds, or proceeds of any sale for the enforcement of a
9 judgment shall be made to the clerk of the court, the
10 Illinois Department of Public Aid or the appropriate local
11 governmental unit, as the respective provisions of this
12 Section require.
13 (6) For those cases in which child support is payable to
14 the clerk of the circuit court for transmittal to the
15 Illinois Department of Public Aid by order of court or upon
16 notification by the Illinois Department of Public Aid, the
17 clerk shall transmit all such payments, within 4 working days
18 of receipt, to insure that funds are available for immediate
19 distribution by the Department to the person or entity
20 entitled thereto in accordance with standards of the Child
21 Support Enforcement Program established under Title IV-D of
22 the Social Security Act. The clerk shall notify the
23 Department of the date of receipt and amount thereof at the
24 time of transmittal. Where the clerk has entered into an
25 agreement of cooperation with the Department to record the
26 terms of child support orders and payments made thereunder
27 directly into the Department's automated data processing
28 system, the clerk shall account for, transmit and otherwise
29 distribute child support payments in accordance with such
30 agreement in lieu of the requirements contained herein.
31 (Source: P.A. 88-687, eff. 1-24-95.)
32 (750 ILCS 45/22) (from Ch. 40, par. 2522)
33 Sec. 22. In all cases instituted by the Illinois
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1 Department of Revenue Public Aid on behalf of a child or
2 spouse, other than one receiving a grant of financial aid
3 under Article IV of The Illinois Public Aid Code, on whose
4 behalf an application has been made and approved for support
5 services as provided by Section 10-1 of that Code, the court
6 shall impose a collection fee on the individual who owes a
7 child or spouse support obligation in an amount equal to 10%
8 of the amount so owed as long as such collection is required
9 by federal law, which fee shall be in addition to the support
10 obligation. The imposition of such fee shall be in
11 accordance with provisions of Title IV, Part D, of the Social
12 Security Act and regulations duly promulgated thereunder.
13 The fee shall be payable to the clerk of the circuit court
14 for transmittal to the Illinois Department of Revenue Public
15 Aid and shall continue until support services are terminated
16 by that Department.
17 (Source: P.A. 83-1372.)
18 Section 99. Effective date. This Act takes effect on
19 July 1, 1998.
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1 INDEX
2 Statutes amended in order of appearance
3 20 ILCS 2205/48a from Ch. 127, par. 48a
4 20 ILCS 2505/39b from Ch. 127, par. 39b
5 20 ILCS 2505/39b53 new
6 20 ILCS 2505/39b54 new
7 20 ILCS 2505/39b55 new
8 20 ILCS 2505/39b56 new
9 20 ILCS 2505/39b57 new
10 20 ILCS 2505/39b58 new
11 20 ILCS 2505/39b59 new
12 305 ILCS 5/10-0.5 new
13 305 ILCS 5/10-1 from Ch. 23, par. 10-1
14 305 ILCS 5/10-3.1 from Ch. 23, par. 10-3.1
15 305 ILCS 5/10-8 from Ch. 23, par. 10-8
16 305 ILCS 5/10-10 from Ch. 23, par. 10-10
17 305 ILCS 5/10-11.1 from Ch. 23, par. 10-11.1
18 305 ILCS 5/10-15 from Ch. 23, par. 10-15
19 305 ILCS 5/10-16 from Ch. 23, par. 10-16
20 305 ILCS 5/10-16.2 from Ch. 23, par. 10-16.2
21 305 ILCS 5/10-17.9
22 305 ILCS 5/10-19 from Ch. 23, par. 10-19
23 305 ILCS 5/12-4.31
24 305 ILCS 5/12-5 from Ch. 23, par. 12-5
25 305 ILCS 5/12-8 from Ch. 23, par. 12-8
26 305 ILCS 5/12-9 from Ch. 23, par. 12-9
27 305 ILCS 5/12-11 from Ch. 23, par. 12-11
28 305 ILCS 5/12-10.2 rep.
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 15/4.1 from Ch. 40, par. 1107.1
-240- LRB9002208SMdv
1 750 ILCS 15/11 from Ch. 40, par. 1114
2 750 ILCS 20/15a from Ch. 40, par. 1215a
3 750 ILCS 20/26.1 from Ch. 40, par. 1226.1
4 750 ILCS 20/29 from Ch. 40, par. 1229
5 750 ILCS 45/20 from Ch. 40, par. 2520
6 750 ILCS 45/21 from Ch. 40, par. 2521
7 750 ILCS 45/22 from Ch. 40, par. 2522