State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ Senate Amendment 001 ]

91_HB3460

 
                                               LRB9111394DJcd

 1        AN ACT in relation to child support.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Income  Withholding for Support Act is
 5    amended by changing Section 20 as follows:

 6        (750 ILCS 28/20)
 7        Sec. 20.  Entry of order for  support  containing  income
 8    withholding provisions; income withholding notice.
 9        (a)  In  addition  to  any  content  required under other
10    laws, every order for support entered on  or  after  July  1,
11    1997, shall do all of the following:
12             (1)  Require  an  income  withholding  notice  to be
13        prepared and served immediately upon  any  payor  of  the
14        obligor by the obligee or public office, unless a written
15        agreement  is  reached between and signed by both parties
16        providing for an alternative  arrangement,  approved  and
17        entered  into  the  record  by  the  court, which ensures
18        payment of support.  In that case, the order for  support
19        shall  provide that an income withholding notice is to be
20        prepared  and  served  only  if   the   obligor   becomes
21        delinquent in paying the order for support.; and
22             (2)  Contain  a  dollar  amount  to  be  paid  until
23        payment  in  full  of  any delinquency that accrues after
24        entry of the order for support.  The amount  for  payment
25        of delinquency shall not be less than 20% of the total of
26        the  current  support  amount  and  the amount to be paid
27        periodically for payment of any arrearage stated  in  the
28        order for support.; and
29             (3)  Include  the  obligor's Social Security Number,
30        which the obligor shall disclose to the  court.   If  the
31        obligor is not a United States citizen, the obligor shall
 
                            -2-                LRB9111394DJcd
 1        disclose to the court, and the court shall include in the
 2        order  for  support,  the  obligor's  alien  registration
 3        number,   passport  number,  and  home  country's  social
 4        security or national health number, if applicable.
 5        (b)  At the time the order for support  is  entered,  the
 6    Clerk  of the Circuit Court shall provide a copy of the order
 7    to the obligor and shall make copies available to the obligee
 8    and public office.
 9        (c)  The income withholding notice shall:
10             (1)  be in the standard  format  prescribed  by  the
11        federal Department of Health and Human Services; and
12             (1.1)  state  the  date  of  entry  of the order for
13        support upon  which  the  income  withholding  notice  is
14        based; and
15             (2)  direct  any payor to withhold the dollar amount
16        required for current support under the order for support;
17        and
18             (3)  direct any payor to withhold the dollar  amount
19        required  to  be  paid  periodically  under the order for
20        support for payment of the amount of any arrearage stated
21        in the order for support; and
22             (4)  direct any payor or labor union or trade  union
23        to  enroll a child as a beneficiary of a health insurance
24        plan and withhold or cause to be withheld, if applicable,
25        any required premiums; and
26             (5)  state  the   amount   of   the   payor   income
27        withholding fee specified under this Section; and
28             (6)  state  that  the  amount actually withheld from
29        the obligor's income  for  support  and  other  purposes,
30        including  the payor withholding fee specified under this
31        Section, may not be  in  excess  of  the  maximum  amount
32        permitted  under  the  federal Consumer Credit Protection
33        Act; and
34             (7)  state the duties of the payor and the fines and
 
                            -3-                LRB9111394DJcd
 1        penalties for failure to withhold and pay over income and
 2        for  discharging,  disciplining,  refusing  to  hire,  or
 3        otherwise penalizing the obligor because of the  duty  to
 4        withhold and pay over income under this Section; and
 5             (8)  state  the  rights, remedies, and duties of the
 6        obligor under this Section; and
 7             (9)  include the  Social  Security  Numbers  of  the
 8        obligor,  the obligee, and the child or children included
 9        in the order for support; and
10             (10)  include the date that withholding for  current
11        support   terminates,   which   shall   be  the  date  of
12        termination of the current support obligation  set  forth
13        in the order for support; and
14             (11)  contain  the  signature  of the obligee or the
15        printed name  and  telephone  number  of  the  authorized
16        representative  of  the  public  office,  except that the
17        failure to contain the signature of the  obligee  or  the
18        printed  name  and  telephone  number  of  the authorized
19        representative of the public office shall not affect  the
20        validity of the income withholding  notice; and
21             (12)  direct  any payor to pay over amounts withheld
22        for payment of support to the State Disbursement Unit.
23        (d)  The accrual of a  delinquency  as  a  condition  for
24    service  of an income withholding notice, under the exception
25    to immediate withholding in subsection (a) of  this  Section,
26    shall  apply  only  to  the  initial  service  of  an  income
27    withholding notice on a payor of the obligor.
28        (e)  Notwithstanding    the    exception   to   immediate
29    withholding contained in subsection (a) of this  Section,  if
30    the  court finds at the time of any hearing that an arrearage
31    has accrued, the court shall order immediate  service  of  an
32    income withholding notice upon the payor.
33        (f)  If  the  order  for  support, under the exception to
34    immediate withholding contained in  subsection  (a)  of  this
 
                            -4-                LRB9111394DJcd
 1    Section,  provides that an income withholding notice is to be
 2    prepared and served only if the obligor becomes delinquent in
 3    paying the order for  support,  the  obligor  may  execute  a
 4    written  waiver  of  that  condition  and  request  immediate
 5    service on the payor.
 6        (g)  The  obligee  or  public office may serve the income
 7    withholding  notice  on  the  payor  or  its  superintendent,
 8    manager, or other agent by ordinary mail  or  certified  mail
 9    return  receipt requested, by facsimile transmission or other
10    electronic means, by personal  delivery,  or  by  any  method
11    provided  by  law  for  service of a summons.  At the time of
12    service on the payor  and  as  notice  that  withholding  has
13    commenced, the obligee or public office shall serve a copy of
14    the income withholding notice on the obligor by ordinary mail
15    addressed  to  his  or her last known address.  A copy of the
16    income withholding notice together with proofs of service  on
17    the  payor  and  the obligor shall be filed with the Clerk of
18    the Circuit Court.
19        (h)  At any time after the initial service of  an  income
20    withholding  notice,  any  other  payor of the obligor may be
21    served  with  the  same  income  withholding  notice  without
22    further notice  to  the  obligor.    A  copy  of  the  income
23    withholding  notice  together  with a proof of service on the
24    other payor shall be filed with  the  Clerk  of  the  Circuit
25    Court.
26        (i)  New  service  of an income withholding notice is not
27    required in order to resume withholding of income in the case
28    of an obligor with respect  to  whom  an  income  withholding
29    notice  was  previously served on the payor if withholding of
30    income was terminated  because  of  an  interruption  in  the
31    obligor's employment of less than 180 days.
32    (Source:  P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
33    eff. 8-14-98; 91-212, eff. 7-20-99; 91-357, eff. 7-29-99.)

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