Public Act 90-0425 of the 90th General Assembly

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Public Act 90-0425

SB1024 Enrolled                                LRB9003396DJcd

    AN ACT concerning child support.

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

    Section  1.   Short  title.  This Act may be cited as the
New Hire Reporting Act.

    Section 30.  Toll-free  telephone  line;  public  service
announcements.
    (a)  The   Department   of   Employment   Security  shall
establish a toll-free telephone line for new hire  reporting,
employer   follow-up   to   correct   errors  and  facilitate
electronic  transmission,  and  an  expedited  administrative
hearing   process   to   determine   reasonable   cause    in
non-compliance situations.
    (b)  The  Department  of  Employment Security shall issue
public service announcements and mailings to inform employers
about the new  hire  reporting  requirements  and  procedures
pursuant to Section 1801.1 of the Unemployment Insurance Act,
including  simple  instructions on completion of the Form W-4
and information on electronic  or  magnetic  transmission  of
data.

    Section   35.  Department  of  Public  Aid  duties.   The
Department of Public Aid shall establish a community advisory
committee  for  oversight  of  the  implementation   process,
toll-free  telephone  lines  for employers with child support
questions, an expedited  hearing  process  for  non-custodial
parents  who  contest an employer's execution of an order for
withholding and brochures and  public  service  announcements
that  inform  the general public about the New Hire Directory
and  how  to  utilize  it,  within  the  federal  and   State
confidentiality laws, in pursuit of child support.
    Section 40.  Emergency judicial hearing.  If the issue of
an employer's reasonable cause for failure to comply with the
reporting  requirements  pursuant  to  Section  1801.1 of the
Unemployment  Insurance  Act  is  not  resolved  through  the
expedited administrative  hearing  process  authorized  under
subsection  (a)  of  Section  30,  the  employer  may  file a
petition in the circuit court to seek judicial review of that
issue.

    Section  90.  The Illinois Public Aid Code is amended  by
changing Section 10-16.2 as follows:

    (305 ILCS 5/10-16.2) (from Ch. 23, par. 10-16.2)
    (Text of Section before amendment by P.A. 89-507)
    Sec. 10-16.2.  Withholding of Income to Secure Payment of
Support.
(A)  Definitions.
    (1)  "Order  for  support"  means  any order of the court
which provides for periodic payment of funds for the  support
of  a  child or maintenance of a spouse, whether temporary or
final, and includes any such order which provides for:
         (a)  Modification or resumption of,  or  payment  of
    arrearage accrued under, a previously existing order;
         (b)  Reimbursement of support; or
         (c)  Enrollment  in  a health insurance plan that is
    available to the obligor through  an  employer  or  labor
    union or trade union.
    (2)  "Arrearage" means the total amount of unpaid support
obligations.
    (3)  "Delinquency"  means  any payment under an order for
support which becomes due and remains unpaid after  an  order
for withholding has been entered under subsection (B) or, for
purposes  of subsection (K), after the last order for support
was entered for which no order for withholding was entered.
    (4)  "Income" means any form of periodic  payment  to  an
individual,  regardless of source, including, but not limited
to: wages, salary, commission, compensation as an independent
contractor, workers' compensation,  disability,  annuity  and
retirement   benefits,   lottery   prize   awards,  insurance
proceeds, vacation pay, bonuses, profit-sharing payments  and
any  other  payments,  made  by  any  person, private entity,
federal or state government, any unit  of  local  government,
school district or any entity created by Public Act; however,
"income" excludes:
         (a)  Any  amounts  required  by  law to be withheld,
    other than creditor claims, including,  but  not  limited
    to,  federal,  State and local taxes, Social Security and
    other retirement and disability contributions;
         (b)  Union dues;
         (c)  Any amounts exempted by  the  federal  Consumer
    Credit Protection Act;
         (d)  Public assistance payments; and
         (e)  Unemployment   insurance   benefits  except  as
    provided by law.
    Any other State or  local  laws  which  limit  or  exempt
income  or  the  amount  or  percentage of income that can be
withheld shall not apply.
    (5)  "Obligor" means the individual who owes  a  duty  to
make payments under an order for support.
    (6)  "Obligee"  means  the  individual  to whom a duty of
support is owed or the individual's legal representative.
    (7)  "Payor" means any payor of income to an obligor.
    (8)  "Public office" means any elected  official  or  any
State  or  local agency which is or may become responsible by
law for enforcement of, or which is or may become  authorized
to  enforce, an order for support, including, but not limited
to: the Attorney General, the Illinois Department  of  Public
Aid,   the   Illinois   Department   of   Mental  Health  and
Developmental  Disabilities,  the  Illinois   Department   of
Children   and  Family  Services,  and  the  various  State's
Attorneys, Clerks of the Circuit  Court  and  supervisors  of
general assistance.
    (9)  "Premium"  means  the  dollar  amount  for which the
obligor is liable to his employer or  labor  union  or  trade
union and which must be paid to enroll or maintain a child in
a  health  insurance  plan  that  is available to the obligor
through an employer or labor union or trade union.
(B)  Entry of an Order for Withholding.
    (1)  Upon entry of any order  for  support  on  or  after
January  1,  1984, the court shall enter a separate order for
withholding which shall not take effect  unless  the  obligor
becomes  delinquent  in  paying  the order for support or the
obligor requests an earlier effective date; except  that  the
court  may  require  the order for withholding to take effect
immediately.
    On or after January 1, 1989, the court shall require  the
order  for  withholding  to take effect immediately, unless a
written agreement is  reached  between  and  signed  by  both
parties  providing  for  an alternative arrangement, approved
and entered into the  record  by  the  court,  which  insures
payment  of support.  In that case, the court shall enter the
order for withholding which will not take effect  unless  the
obligor becomes delinquent in paying the order for support.
    Upon  entry of any order of support on or after September
11, 1989, if the obligor is not a United States citizen,  the
obligor  shall  provide  to  the  court  the  obligor's alien
registration number,  passport  number,  and  home  country's
social security or national health number, if applicable; the
court  shall  make  the information part of the record in the
case.
    (2)  An order  for  withholding  shall  be  entered  upon
petition  by  the obligee or public office where an order for
withholding has not been previously entered.
    (3)  The order for withholding shall:
         (a)  Direct any payor to withhold  a  dollar  amount
    equal to the order for support; and
         (b)  Direct  any  payor  to  withhold  an additional
    dollar amount,  not  less  than  20%  of  the  order  for
    support,  until payment in full of any delinquency stated
    in the notice of delinquency provided for  in  subsection
    (C) or (F) of this Section; and
         (c)  Direct  any payor or labor union or trade union
    to enroll a child as a beneficiary of a health  insurance
    plan   and    withhold   or  cause  to  be  withheld,  if
    applicable, any required premium; and
         (d)  State the rights, remedies and  duties  of  the
    obligor under this Section; and
         (e)  Include  the  obligor's Social Security Number,
    which the obligor shall disclose to the court; and
         (f)  Include the date that withholding  for  current
    support   terminates,   which   shall   be  the  date  of
    termination of the current support obligation  set  forth
    in the order for support.
    (4)  At  the  time  the order for withholding is entered,
the Clerk of the Circuit Court shall provide a  copy  of  the
order  for  withholding  and  the  order  for  support to the
obligor and shall make copies available to  the  obligee  and
public  office.   Any  copy  of  the  order  for  withholding
furnished  to  the  parties  under  this  subsection shall be
stamped "Not Valid".
    (5)  The order for withholding shall remain in effect for
as long as the order for support upon which it is based.
    (6)  The failure of an order for withholding to state  an
arrearage  is  not  conclusive  of  the  issue  of whether an
arrearage is owing.
    (7)  Notwithstanding the provisions of  this  subsection,
if  the  court  finds  at  the  time  of  any hearing that an
arrearage has accrued in an amount  equal  to  at  least  one
month's  support  obligation  or  that the obligor is 30 days
late in paying all or part of  the  order  for  support,  the
court   shall  order  immediate  service  of  the  order  for
withholding upon the payor.
    (8)  Where the court has not required that the order  for
withholding  take  effect  immediately, the obligee or public
office  may  prepare  and  serve  a  notice   for   immediate
withholding  upon  the  obligor by ordinary mail addressed to
the obligor at his or her last  known  address.   The  notice
shall state that the following circumstances have occurred:
         (a)  The  parties'  written  agreement  providing an
    alternative arrangement to  immediate  withholding  under
    paragraph  (1)  of this subsection no longer provides for
    timely payment of all support due; or
         (b)  The obligor has not  made  timely  payments  in
    that  the obligor has been at least 7 days late in paying
    all or part of the order for support any of  the  last  6
    consecutive  dates payments were due prior to the date of
    the notice for immediate withholding.
    The notice for immediate withholding shall clearly  state
that  a specially certified copy of the order for withholding
will be sent  to  the  payor,  unless  the  obligor  files  a
petition  contesting  immediate  withholding  within  20 days
after service of the notice; however,  the  grounds  for  the
petition shall be limited to a dispute concerning whether the
circumstances  stated  in  the  notice  have  occurred or the
identity of the obligor.  It shall not  be  grounds  for  the
petition  that  the  obligor has made all payments due by the
date of the petition.
    If the obligor  files  a  petition  contesting  immediate
withholding  within  the  20-day  period  required under this
paragraph, the Clerk of the Circuit Court  shall  notify  the
obligor  and the obligee or public office, as appropriate, of
the time and place of the  hearing  on  the  petition.   Upon
hearing the petition, the court shall enter an order granting
or  denying relief.  It shall not be grounds for granting the
obligor's petition that he or she has made all  payments  due
by  the  date  of hearing.  If the court denies the obligor's
petition, it shall order immediate service of the  order  for
withholding  and  direct  the  clerk  to  provide a specially
certified copy of the order for withholding to the obligee or
public office indicating that the requirements for  immediate
withholding under this paragraph have been met.
    If  the  obligor  does  not  file  a  petition contesting
immediate withholding within the 20-day period,  the  obligee
or  public  office  shall  file with the Clerk of the Circuit
Court an affidavit, with a copy of the notice  for  immediate
withholding  attached  thereto,  stating  that the notice was
duly served and the date on which service was  effected,  and
that   the  obligor  has  not  filed  a  petition  contesting
immediate withholding.  The clerk shall then provide  to  the
obligee  or  public  office a specially certified copy of the
order for withholding indicating that  the  requirements  for
immediate withholding under this paragraph have been met.
    Upon  receipt  of a specially certified copy of the order
for withholding, the obligee or public office may  serve  the
order  on  the  payor,  its  superintendent, manager or other
agent, by certified mail or personal delivery.   A  proof  of
service shall be filed with the Clerk of the Circuit Court.
(C)  Notice of Delinquency.
    (1)  Whenever an obligor becomes delinquent in payment of
an  amount  equal  to at least one month's support obligation
pursuant to the order for support or is at least 30 days late
in complying with all or  part  of  the  order  for  support,
whichever  occurs  first,  the  obligee  or public office may
prepare and serve a verified notice of delinquency,  together
with  a  form petition to stay service, pursuant to paragraph
(3) of this subsection.
    (2)  The notice of delinquency shall recite the terms  of
the order for support and contain a computation of the period
and  total  amount  of the delinquency, as of the date of the
notice.  The notice shall clearly state that it will be  sent
to the payor, together with a specially certified copy of the
order  for withholding, except as provided in subsection (F),
unless the obligor  files  a  petition  to  stay  service  in
accordance with paragraph (1) of subsection (D).
    (3)  The   notice  of  delinquency  shall  be  served  by
ordinary  mail addressed to the obligor at his  or  her  last
known address.
    (4)  The  obligor  may  execute  a  written waiver of the
provisions of paragraphs (1) through (3) of  this  subsection
and request immediate service upon the payor.
(D)  Procedures to Avoid Income Withholding.
    (1)  Except  as  provided  in subsection (F), the obligor
may prevent an order for withholding  from  being  served  by
filing  a  petition  to  stay  service  with the Clerk of the
Circuit Court, within 20 days after service of the notice  of
delinquency;  however,  the  grounds for the petition to stay
service shall be limited to:
         (a)  A dispute  concerning  the  amount  of  current
    support or the existence or amount of the delinquency;
         (b)  The identity of the obligor.
    The  Clerk  of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition to stay service. The
court shall hold such hearing pursuant to the  provisions  of
subsection (H).
    (2)  Except  as  provided  in subsection (F), filing of a
petition to stay service, within the 20-day  period  required
under  this  subsection, shall prohibit the obligee or public
office from serving the order for withholding on any payor of
the obligor.
(E)  Initial Service of Order for Withholding.
    (1)  Except as provided in subsection (F),  in  order  to
serve  an  order  for withholding upon a payor, an obligee or
public office shall follow the procedures set forth  in  this
subsection.  After 20 days following service of the notice of
delinquency, the obligee or public office shall file with the
Clerk of the Circuit Court an affidavit, with the copy of the
notice of delinquency attached thereto, stating:
         (a)  that  the  notice  of delinquency has been duly
    served and the date on which service was effected; and
         (b)  that the obligor has not filed  a  petition  to
    stay service, or in the alternative
         (c)  that  the  obligor has waived the provisions of
    subparagraphs (a)  and  (b)  of  this  paragraph  (1)  in
    accordance with subsection (C)(4).
    (2)  Upon  request  of  the obligee or public office, the
Clerk of the Circuit Court  shall:  (a)  make  available  any
record of payment; and (b) determine that the file contains a
copy  of the affidavit described in paragraph (1).  The Clerk
shall  then  provide  to  the  obligee  or  public  office  a
specially certified copy of the order for withholding and the
notice of delinquency indicating that the  preconditions  for
service have been met.
    (3)  The  obligee  or  public  office  may then serve the
notice of delinquency and order for withholding on the payor,
its superintendent, manager or other  agent,  by  regular  or
certified  mail  or  facsimile personal delivery.  A proof of
service shall be filed with the Clerk of the Circuit Court.
(F)  Subsequent Service of Order for Withholding.
    (1)  Notwithstanding the provisions of this  Section,  at
any  time after the court has ordered immediate service of an
order for withholding or after initial service  of  an  order
for  withholding  pursuant  to subsection (E), the obligee or
public office may serve the order for  withholding  upon  any
payor  of  the obligor without further notice to the obligor.
The obligee or public office  shall  provide  notice  to  the
payor,  pursuant  to  paragraph (6) of subsection (I), of any
payments that have been made through previous withholding  or
any other method.
    (2)  The  Clerk of the Circuit Court shall, upon request,
provide the obligee or public office with specially certified
copies  of  the  order  for  withholding  or  the  notice  of
delinquency or both whenever the Court has ordered  immediate
service  of an order for withholding or an affidavit has been
placed in the court file indicating  that  the  preconditions
for service have been previously met or that the requirements
for immediate withholding under paragraph (8) of subsection B
have  been  previously met.  The obligee or public office may
then serve the  order  for  withholding  on  the  payor,  its
superintendent,   manager   or  other  agent  by  regular  or
certified mail or facsimile personal delivery.   A  proof  of
service shall be filed with the Clerk of the Circuit Court.
    (3)  If  a  delinquency  has  accrued for any reason, the
obligee or public office may serve a  notice  of  delinquency
upon the obligor pursuant to subsection (C).  The obligor may
prevent  the notice of delinquency from being served upon the
payor by utilizing the procedures  set  forth  in  subsection
(D). If no petition to stay service has been filed within the
required 20 day time period, the obligee or public office may
serve the notice of delinquency on the payor by utilizing the
procedures for service set forth in subsection (E).
    (4)  New  service  of  an  order  for  withholding is not
required in order to resume withholding of income in the case
of an obligor with respect to whom an order  for  withholding
was  previously  served on the payor if withholding of income
was terminated because of an interruption  in  the  obligor's
employment of less than 180 days.
(G)  Duties of Payor.
    (1)  It  shall  be  the  duty  of  any payor who has been
served with a copy  of  the  specially  certified  order  for
withholding  and  any notice of delinquency to deduct and pay
over income as provided in this subsection.  The payor  shall
deduct the amount designated in the order for withholding, as
supplemented  by  the  notice  of  delinquency and any notice
provided  pursuant  to  paragraph  (6)  of  subsection   (I),
beginning  no  later than the next payment of income which is
payable to the obligor that occurs 14 days following the date
the order and any notice were mailed  by  certified  mail  or
placed  for  personal  delivery.   The  payor may combine all
amounts withheld for the benefit  of  an  obligee  or  public
office  into a single payment and transmit the payment with a
listing of obligors from whom withholding has been  effected.
The  payor  shall  pay  the amount withheld to the obligee or
public office within 10 calendar days of the date  income  is
paid  to  the  obligor  in  accordance  with  the  order  for
withholding and any subsequent notification received from the
public  office  redirecting  payments. If the payor knowingly
fails to pay any amount withheld to  the  obligee  or  public
office  within 10 calendar days of the date income is paid to
the obligor, the payor shall pay a penalty of $100  for  each
day  that  the  withheld amount is not paid to the obligee or
public office after  the  period  of  10  calendar  days  has
expired.   The failure of a payor, on more than one occasion,
to pay amounts withheld  to  the  obligee  or  public  office
within 10 calendar days of the date income is not paid to the
obligor creates a presumption that the payor knowingly failed
to pay the amounts.  This penalty may be collected in a civil
action which may be brought against the payor in favor of the
obligee.  A  finding  of  a payor's nonperformance within the
time required under this Section  must  be  documented  by  a
certified  mail return receipt showing the date the order for
withholding was served on the payor.  For  purposes  of  this
Section,  a  withheld  amount  shall  be considered paid by a
payor on the date it is mailed by the payor, or on  the  date
an electronic funds transfer of the amount has been initiated
by  the payor, or on the date delivery of the amount has been
initiated by the payor. For each deduction, the  payor  shall
provide  the  obligee  or  public  office,  at  the  time  of
transmittal, with the date income was paid from which support
was withheld.
    Upon  receipt of an order requiring that a minor child be
named as a beneficiary of a health insurance  plan  available
through  an  employer  or  labor  union  or  trade union, the
employer or labor union  or  trade  union  shall  immediately
enroll  the  minor  child  as  a  beneficiary  in  the health
insurance plan designated by the court order.   The  employer
shall withhold any required premiums and pay over any amounts
so  withheld  and any additional amounts the employer pays to
the insurance carrier in a timely manner.   The  employer  or
labor  union or trade union shall mail to the obligee, within
15 days of enrollment or upon request, notice of the date  of
coverage, information on the dependent coverage plan, and all
forms  necessary  to  obtain reimbursement for covered health
expenses, such as would be made available  to a new employee.
When an order for dependent coverage is  in  effect  and  the
insurance  coverage  is terminated or changed for any reason,
the employer or labor union or trade union shall  notify  the
obligee  within  10  days  of  the termination or change date
along with notice of conversion privileges.
    For withholding of income, the payor shall be entitled to
receive a fee not to exceed $5 per month to be taken from the
income to be paid to the obligor.
    (2)  Whenever the obligor is no longer  receiving  income
from  the  payor,  the payor shall return a copy of the order
for withholding to the obligee or  public  office  and  shall
provide   information  for  the  purpose  of  enforcing  this
Section.
    (3)  Withholding of income under this  Section  shall  be
made  without regard to any prior or subsequent garnishments,
attachments,  wage  assignments,  or  any  other  claims   of
creditors.   Withholding  of  income under this Section shall
not be in excess of the maximum amounts permitted  under  the
federal Consumer Credit Protection Act. If the payor has been
served with more than one order for withholding pertaining to
the  same  obligor, the payor shall allocate income available
for  withholding  on  a  proportionate  share  basis,  giving
priority to current support payments.  If there is any income
available for withholding after withholding for  all  current
support  obligations,  the payor shall allocate the income to
past due support payments ordered  in  non-AFDC  matters  and
then  to  past  due support payments ordered in AFDC matters,
both on a proportionate share basis. Payment as  required  by
the  order for withholding shall be a complete defense by the
payor against any claims of the obligor or his  creditors  as
to the sum so paid.
    (4)  No payor shall discharge, discipline, refuse to hire
or  otherwise  penalize  any  obligor  because of the duty to
withhold income.
(H)  Petitions to Stay  Service  or  to  Modify,  Suspend  or
Terminate Orders for Withholding.
    (1)  When  an  obligor  files a petition to stay service,
the court, after due notice to all parties,  shall  hear  the
matter  as  soon  as  practicable  and  shall  enter an order
granting  or  denying  relief,   amending   the   notice   of
delinquency,   amending  the  order  for  withholding,  where
applicable, or otherwise resolving the matter.  If the  court
finds   that   a  delinquency  existed  when  the  notice  of
delinquency was served upon the obligor, in an amount  of  at
least one month's support obligation, or that the obligor was
at  least 30 days late in paying all or part of the order for
support, the court shall order immediate service of the order
for withholding.  Where the court cannot promptly resolve any
dispute over the amount of the  delinquency,  the  court  may
order  immediate  service  of the order for withholding as to
any undisputed amounts specified  in  an  amended  notice  of
delinquency,  and  may  continue  the hearing on the disputed
amounts.
    (2)  At any time, an obligor, obligee, public  office  or
Clerk of the Circuit Court may petition the court to:
         (a)  Modify,  suspend  or  terminate  the  order for
    withholding because  of  a  modification,  suspension  or
    termination of the underlying order for support; or
         (b)  Modify  the  amount of income to be withheld to
    reflect payment in full or in part of the delinquency  or
    arrearage by income withholding or otherwise; or
         (c)  Suspend  the  order  for withholding because of
    inability to deliver income withheld to the  obligee  due
    to  the obligee's failure to provide a mailing address or
    other means of delivery.
    (3)  The obligor, obligee or public office shall serve on
the payor, by certified mail or personal delivery, a copy  of
any  order  entered  pursuant to this subsection that affects
the duties of the payor.
    (4)  At any time, a public office or Clerk of the Circuit
Court may serve a notice on the payor to:
         (a)  cease withholding  of  income  for  payment  of
    current  support  for a child when the support obligation
    for that child has automatically ceased under  the  order
    for support through emancipation or otherwise; or
         (b)  cease  withholding  of  income  for  payment of
    delinquency  or  arrearage  when   the   delinquency   or
    arrearage has been paid in full.
    (5)  The  notice provided for under paragraph (4) of this
subsection shall be served on the payor by ordinary mail, and
a copy shall be provided to the obligor and the  obligee.   A
copy  of  the  notice  shall  be  filed with the Clerk of the
Circuit Court.
    (6)  The order  for  withholding  shall  continue  to  be
binding  upon  the  payor  until  service of any order of the
court  or  notice  entered  or  provided   for   under   this
subsection.
(I)  Additional Duties.
    (1)  An  obligee  who  is  receiving  income  withholding
payments  under  this  Section shall notify the payor, if the
obligee receives the payments directly from the payor, or the
public  office  or  the  Clerk  of  the  Circuit  Court,   as
appropriate,  of  any change of address within 7 days of such
change.
    (2)  An obligee who is a recipient of  public  aid  shall
send  a  copy  of any notice of delinquency filed pursuant to
subsection (C) to the Bureau of Child Support of the Illinois
Department of Public Aid.
    (3)  Each obligor shall notify the obligee and the  Clerk
of the Circuit Court of any change of address within 7 days.
    (4)  An obligor whose income is being withheld or who has
been  served  with  a  notice of delinquency pursuant to this
Section shall notify the obligee and the Clerk of the Circuit
Court of any new payor, within 7 days.
    (5)  When the Illinois Department of  Public  Aid  is  no
longer  authorized  to  receive  payments for the obligee, it
shall, within 7 days, notify the payor or, where appropriate,
the  Clerk  of  the  Circuit  Court,   to   redirect   income
withholding payments to the obligee.
    (6)  The obligee or public office shall provide notice to
the payor and Clerk of the Circuit Court of any other support
payment  made,  including but not limited to, a set-off under
federal and State law or partial payment of  the  delinquency
or arrearage, or both.
    (7)  Any  public  office  and  Clerk of the Circuit Court
which collects, disburses or receives  payments  pursuant  to
orders for withholding shall maintain complete, accurate, and
clear  records  of  all  payments  and  their  disbursements.
Certified  copies  of  payment records maintained by a public
office or Clerk of the Circuit Court shall,  without  further
proof,  be  admitted  into  evidence in any legal proceedings
under this Section.
    (8)  The Illinois Department of Public Aid  shall  design
suggested  legal  forms for proceeding under this Section and
shall  make  available  to  the   courts   such   forms   and
informational  materials  which  describe  the procedures and
remedies set forth herein for distribution to all parties  in
support actions.
    (9)  At  the  time  of transmitting each support payment,
the clerk of the circuit court shall provide the  obligee  or
public office, as appropriate, with any information furnished
by  the  payor as to the date income was paid from which such
support was withheld.
(J)  Penalties.
    (1)  Where a payor wilfully fails to withhold or pay over
income pursuant to a  properly  served,  specially  certified
order  for  withholding  and  any  notice  of delinquency, or
wilfully  discharges,  disciplines,  refuses   to   hire   or
otherwise  penalizes  an  obligor as prohibited by subsection
(G), or otherwise fails to comply with any duties imposed  by
this  Section,  the  obligee,  public  office  or obligor, as
appropriate, may file a complaint with the court against  the
payor.   The  clerk  of  the  circuit  court shall notify the
obligee or public office, as appropriate, and the obligor and
payor of the time and place of the hearing on the  complaint.
The  court  shall  resolve any factual dispute including, but
not limited to, a denial that the payor is paying or has paid
income to the obligor.   Upon  a  finding  in  favor  of  the
complaining party, the court:
         (a)  Shall enter judgment and direct the enforcement
    thereof  for  the  total  amount  that the payor wilfully
    failed to withhold or pay over; and
         (b)  May order employment  or  reinstatement  of  or
    restitution  to  the  obligor, or both, where the obligor
    has been discharged, disciplined,  denied  employment  or
    otherwise  penalized  by  the payor and may impose a fine
    upon the payor not to exceed $200.
    (2)  Any obligee, public office or obligor  who  wilfully
initiates  a  false  proceeding  under  this  Section  or who
wilfully fails  to  comply  with  the  requirements  of  this
Section shall be punished as in cases of contempt of court.
(K)  Alternative Procedures for Entry and Service of an Order
for Withholding.
    (1)  Effective January 1, 1987, in any matter in which an
order  for  withholding  has not been entered for any reason,
based upon the last order for support that has been  entered,
and  in which the obligor has become delinquent in payment of
an amount equal to at least one  month's  support  obligation
pursuant to the last order for support or is at least 30 days
late in  complying with all or part of the order for support,
the  obligee  or public office may prepare and serve an order
for withholding pursuant to the procedures set forth in  this
subsection.
    (2)  The obligee or public office shall:
         (a)  Prepare  a  proposed  order for withholding for
    immediate service as provided by paragraphs (1)  and  (3)
    of   subsection   (B),   except   that  the  minimum  20%
    delinquency payment shall be used;
         (b)  Prepare a notice of delinquency as provided  by
    paragraphs  (1)  and  (2)  of  subsection (C), except the
    notice shall state further that the order for withholding
    has not been entered by  the  court  and  the  conditions
    under which the order will be entered; and
         (c)  Serve   the  notice  of  delinquency  and  form
    petition to stay service as provided by paragraph (3)  of
    subsection  (C),  together  with  the  proposed order for
    withholding, which shall be marked "COPY ONLY".
    (3)  After 20 days following service  of  the  notice  of
delinquency  and  proposed  order for withholding, in lieu of
the provisions of  subsection  (E),  the  obligee  or  public
office  shall  file  with  the  Clerk of the Circuit Court an
affidavit, with a copy  of  the  notice  of  delinquency  and
proposed  order  for  withholding  attached  thereto, stating
that:
         (a)  The notice of delinquency  and  proposed  order
    for withholding have been served upon the obligor and the
    date on which service was effected;
         (b)  The  obligor  has  not filed a petition to stay
    service within 20 days of  service  of  such  notice  and
    order; and
         (c)  The  proposed  order for withholding accurately
    states the terms and amounts contained in the last  order
    for support.
    (4)  Upon  the  court's  satisfaction that the procedures
set forth in this subsection have been met,  it  shall  enter
the order for withholding.
    (5)  The  Clerk  shall  then  provide  to  the obligee or
public office a specially certified copy  of  the  order  for
withholding and the notice of delinquency indicating that the
preconditions for service have been met.
    (6)  The   obligee  or  public  office  shall  serve  the
specially certified copies of the order for  withholding  and
the  notice  of delinquency on the payor, its superintendent,
manager  or  other  agent  by  certified  mail  or   personal
delivery.   A  proof of service shall be filed with the Clerk
of the Circuit Court.
    (7)  If the  obligor  requests  in  writing  that  income
withholding  become effective prior to becoming delinquent in
payment of an amount equal to one month's support  obligation
pursuant  to the last order for support, or prior to becoming
30 days late in paying all or part of the order for  support,
the obligee or public office shall file an affidavit with the
Clerk  of  the  circuit  Court,  with  a  proposed  order for
withholding  attached,  stating  that  the   proposed   order
accurately states the terms and amounts contained in the last
order  for  support  and  the obligor's request for immediate
service.  The provisions of paragraphs  (4)  through  (6)  of
this   subsection  shall  apply,  except  that  a  notice  of
delinquency shall not be required.
    (8)  All  other  provisions  of  this  Section  shall  be
applicable with respect to the provisions of this  subsection
(K),  except  that under paragraph (1) of subsection (H), the
court may also amend the proposed order  for  withholding  to
conform to the last order for support.
    (9)  Nothing  in  this  subsection  shall be construed as
limiting the requirements of paragraph (1) of subsection  (B)
with respect to the entry of a separate order for withholding
upon entry of any order for support.
(L)  Remedies in Addition to Other Laws.
    (1)  The  rights,  remedies, duties and penalties created
by this Section are in addition to and  not  in  substitution
for  any other rights, remedies, duties and penalties created
by any other law.
    (2)  Nothing  in  this  Section  shall  be  construed  as
invalidating any assignment of  wages  or  benefits  executed
prior to January 1, 1984.
(Source: P.A.  87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
    (Text of Section after amendment by P.A. 89-507)
    Sec. 10-16.2.  Withholding of Income to Secure Payment of
Support.
(A)  Definitions.
    (1)  "Order for support" means any  order  of  the  court
which  provides for periodic payment of funds for the support
of a child or maintenance of a spouse, whether  temporary  or
final, and includes any such order which provides for:
         (a)  Modification  or  resumption  of, or payment of
    arrearage accrued under, a previously existing order;
         (b)  Reimbursement of support; or
         (c)  Enrollment in a health insurance plan  that  is
    available  to  the  obligor  through an employer or labor
    union or trade union.
    (2)  "Arrearage" means the total amount of unpaid support
obligations.
    (3)  "Delinquency" means any payment under an  order  for
support  which  becomes due and remains unpaid after an order
for withholding has been entered under subsection (B) or, for
purposes of subsection (K), after the last order for  support
was entered for which no order for withholding was entered.
    (4)  "Income"  means  any  form of periodic payment to an
individual, regardless of source, including, but not  limited
to: wages, salary, commission, compensation as an independent
contractor,  workers'  compensation,  disability, annuity and
retirement  benefits,   lottery   prize   awards,   insurance
proceeds,  vacation pay, bonuses, profit-sharing payments and
any other payments,  made  by  any  person,  private  entity,
federal  or  state  government, any unit of local government,
school district or any entity created by Public Act; however,
"income" excludes:
         (a)  Any amounts required by  law  to  be  withheld,
    other  than  creditor  claims, including, but not limited
    to, federal, State and local taxes, Social  Security  and
    other retirement and disability contributions;
         (b)  Union dues;
         (c)  Any  amounts  exempted  by the federal Consumer
    Credit Protection Act;
         (d)  Public assistance payments; and
         (e)  Unemployment  insurance  benefits   except   as
    provided by law.
    Any  other  State  or  local  laws  which limit or exempt
income or the amount or percentage  of  income  that  can  be
withheld shall not apply.
    (5)  "Obligor"  means  the  individual who owes a duty to
make payments under an order for support.
    (6)  "Obligee" means the individual to  whom  a  duty  of
support is owed or the individual's legal representative.
    (7)  "Payor" means any payor of income to an obligor.
    (8)  "Public  office"  means  any elected official or any
State or local agency which is or may become  responsible  by
law  for enforcement of, or which is or may become authorized
to enforce, an order for support, including, but not  limited
to:  the  Attorney General, the Illinois Department of Public
Aid, the Illinois Department of Human Services (as  successor
to   the   Department  of  Mental  Health  and  Developmental
Disabilities), the Illinois Department of Children and Family
Services, and the various State's Attorneys,  Clerks  of  the
Circuit Court and supervisors of general assistance.
    (9)  "Premium"  means  the  dollar  amount  for which the
obligor is liable to his employer or  labor  union  or  trade
union and which must be paid to enroll or maintain a child in
a  health  insurance  plan  that  is available to the obligor
through an employer or labor union or trade union.
(B)  Entry of an Order for Withholding.
    (1)  Upon entry of any order  for  support  on  or  after
January  1,  1984, the court shall enter a separate order for
withholding which shall not take effect  unless  the  obligor
becomes  delinquent  in  paying  the order for support or the
obligor requests an earlier effective date; except  that  the
court  may  require  the order for withholding to take effect
immediately.
    On or after January 1, 1989, the court shall require  the
order  for  withholding  to take effect immediately, unless a
written agreement is  reached  between  and  signed  by  both
parties  providing  for  an alternative arrangement, approved
and entered into the  record  by  the  court,  which  insures
payment  of support.  In that case, the court shall enter the
order for withholding which will not take effect  unless  the
obligor becomes delinquent in paying the order for support.
    Upon  entry of any order of support on or after September
11, 1989, if the obligor is not a United States citizen,  the
obligor  shall  provide  to  the  court  the  obligor's alien
registration number,  passport  number,  and  home  country's
social security or national health number, if applicable; the
court  shall  make  the information part of the record in the
case.
    (2)  An order  for  withholding  shall  be  entered  upon
petition  by  the obligee or public office where an order for
withholding has not been previously entered.
    (3)  The order for withholding shall:
         (a)  Direct any payor to withhold  a  dollar  amount
    equal to the order for support; and
         (b)  Direct  any  payor  to  withhold  an additional
    dollar amount,  not  less  than  20%  of  the  order  for
    support,  until payment in full of any delinquency stated
    in the notice of delinquency provided for  in  subsection
    (C) or (F) of this Section; and
         (c)  Direct  any payor or labor union or trade union
    to enroll a child as a beneficiary of a health  insurance
    plan   and    withhold   or  cause  to  be  withheld,  if
    applicable, any required premium; and
         (d)  State the rights, remedies and  duties  of  the
    obligor under this Section; and
         (e)  Include  the  obligor's Social Security Number,
    which the obligor shall disclose to the court; and
         (f)  Include the date that withholding  for  current
    support   terminates,   which   shall   be  the  date  of
    termination of the current support obligation  set  forth
    in the order for support.
    (4)  At  the  time  the order for withholding is entered,
the Clerk of the Circuit Court shall provide a  copy  of  the
order  for  withholding  and  the  order  for  support to the
obligor and shall make copies available to  the  obligee  and
public  office.   Any  copy  of  the  order  for  withholding
furnished  to  the  parties  under  this  subsection shall be
stamped "Not Valid".
    (5)  The order for withholding shall remain in effect for
as long as the order for support upon which it is based.
    (6)  The failure of an order for withholding to state  an
arrearage  is  not  conclusive  of  the  issue  of whether an
arrearage is owing.
    (7)  Notwithstanding the provisions of  this  subsection,
if  the  court  finds  at  the  time  of  any hearing that an
arrearage has accrued in an amount  equal  to  at  least  one
month's  support  obligation  or  that the obligor is 30 days
late in paying all or part of  the  order  for  support,  the
court   shall  order  immediate  service  of  the  order  for
withholding upon the payor.
    (8)  Where the court has not required that the order  for
withholding  take  effect  immediately, the obligee or public
office  may  prepare  and  serve  a  notice   for   immediate
withholding  upon  the  obligor by ordinary mail addressed to
the obligor at his or her last  known  address.   The  notice
shall state that the following circumstances have occurred:
         (a)  The  parties'  written  agreement  providing an
    alternative arrangement to  immediate  withholding  under
    paragraph  (1)  of this subsection no longer provides for
    timely payment of all support due; or
         (b)  The obligor has not  made  timely  payments  in
    that  the obligor has been at least 7 days late in paying
    all or part of the order for support any of  the  last  6
    consecutive  dates payments were due prior to the date of
    the notice for immediate withholding.
    The notice for immediate withholding shall clearly  state
that  a specially certified copy of the order for withholding
will be sent  to  the  payor,  unless  the  obligor  files  a
petition  contesting  immediate  withholding  within  20 days
after service of the notice; however,  the  grounds  for  the
petition shall be limited to a dispute concerning whether the
circumstances  stated  in  the  notice  have  occurred or the
identity of the obligor.  It shall not  be  grounds  for  the
petition  that  the  obligor has made all payments due by the
date of the petition.
    If the obligor  files  a  petition  contesting  immediate
withholding  within  the  20-day  period  required under this
paragraph, the Clerk of the Circuit Court  shall  notify  the
obligor  and the obligee or public office, as appropriate, of
the time and place of the  hearing  on  the  petition.   Upon
hearing the petition, the court shall enter an order granting
or  denying relief.  It shall not be grounds for granting the
obligor's petition that he or she has made all  payments  due
by  the  date  of hearing.  If the court denies the obligor's
petition, it shall order immediate service of the  order  for
withholding  and  direct  the  clerk  to  provide a specially
certified copy of the order for withholding to the obligee or
public office indicating that the requirements for  immediate
withholding under this paragraph have been met.
    If  the  obligor  does  not  file  a  petition contesting
immediate withholding within the 20-day period,  the  obligee
or  public  office  shall  file with the Clerk of the Circuit
Court an affidavit, with a copy of the notice  for  immediate
withholding  attached  thereto,  stating  that the notice was
duly served and the date on which service was  effected,  and
that   the  obligor  has  not  filed  a  petition  contesting
immediate withholding.  The clerk shall then provide  to  the
obligee  or  public  office a specially certified copy of the
order for withholding indicating that  the  requirements  for
immediate withholding under this paragraph have been met.
    Upon  receipt  of a specially certified copy of the order
for withholding, the obligee or public office may  serve  the
order  on  the  payor,  its  superintendent, manager or other
agent, by certified mail or personal delivery.   A  proof  of
service shall be filed with the Clerk of the Circuit Court.
(C)  Notice of Delinquency.
    (1)  Whenever an obligor becomes delinquent in payment of
an  amount  equal  to at least one month's support obligation
pursuant to the order for support or is at least 30 days late
in complying with all or  part  of  the  order  for  support,
whichever  occurs  first,  the  obligee  or public office may
prepare and serve a verified notice of delinquency,  together
with  a  form petition to stay service, pursuant to paragraph
(3) of this subsection.
    (2)  The notice of delinquency shall recite the terms  of
the order for support and contain a computation of the period
and  total  amount  of the delinquency, as of the date of the
notice.  The notice shall clearly state that it will be  sent
to the payor, together with a specially certified copy of the
order  for withholding, except as provided in subsection (F),
unless the obligor  files  a  petition  to  stay  service  in
accordance with paragraph (1) of subsection (D).
    (3)  The   notice  of  delinquency  shall  be  served  by
ordinary  mail addressed to the obligor at his  or  her  last
known address.
    (4)  The  obligor  may  execute  a  written waiver of the
provisions of paragraphs (1) through (3) of  this  subsection
and request immediate service upon the payor.
(D)  Procedures to Avoid Income Withholding.
    (1)  Except  as  provided  in subsection (F), the obligor
may prevent an order for withholding  from  being  served  by
filing  a  petition  to  stay  service  with the Clerk of the
Circuit Court, within 20 days after service of the notice  of
delinquency;  however,  the  grounds for the petition to stay
service shall be limited to:
         (a)  A dispute  concerning  the  amount  of  current
    support or the existence or amount of the delinquency;
         (b)  The identity of the obligor.
    The  Clerk  of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition to stay service. The
court shall hold such hearing pursuant to the  provisions  of
subsection (H).
    (2)  Except  as  provided  in subsection (F), filing of a
petition to stay service, within the 20-day  period  required
under  this  subsection, shall prohibit the obligee or public
office from serving the order for withholding on any payor of
the obligor.
(E)  Initial Service of Order for Withholding.
    (1)  Except as provided in subsection (F),  in  order  to
serve  an  order  for withholding upon a payor, an obligee or
public office shall follow the procedures set forth  in  this
subsection.  After 20 days following service of the notice of
delinquency, the obligee or public office shall file with the
Clerk of the Circuit Court an affidavit, with the copy of the
notice of delinquency attached thereto, stating:
         (a)  that  the  notice  of delinquency has been duly
    served and the date on which service was effected; and
         (b)  that the obligor has not filed  a  petition  to
    stay service, or in the alternative
         (c)  that  the  obligor has waived the provisions of
    subparagraphs (a)  and  (b)  of  this  paragraph  (1)  in
    accordance with subsection (C)(4).
    (2)  Upon  request  of  the obligee or public office, the
Clerk of the Circuit Court  shall:  (a)  make  available  any
record of payment; and (b) determine that the file contains a
copy  of the affidavit described in paragraph (1).  The Clerk
shall  then  provide  to  the  obligee  or  public  office  a
specially certified copy of the order for withholding and the
notice of delinquency indicating that the  preconditions  for
service have been met.
    (3)  The  obligee  or  public  office  may then serve the
notice of delinquency and order for withholding on the payor,
its superintendent, manager or other  agent,  by  regular  or
certified  mail  or  facsimile personal delivery.  A proof of
service shall be filed with the Clerk of the Circuit Court.
(F)  Subsequent Service of Order for Withholding.
    (1)  Notwithstanding the provisions of this  Section,  at
any  time after the court has ordered immediate service of an
order for withholding or after initial service  of  an  order
for  withholding  pursuant  to subsection (E), the obligee or
public office may serve the order for  withholding  upon  any
payor  of  the obligor without further notice to the obligor.
The obligee or public office  shall  provide  notice  to  the
payor,  pursuant  to  paragraph (6) of subsection (I), of any
payments that have been made through previous withholding  or
any other method.
    (2)  The  Clerk of the Circuit Court shall, upon request,
provide the obligee or public office with specially certified
copies  of  the  order  for  withholding  or  the  notice  of
delinquency or both whenever the Court has ordered  immediate
service  of an order for withholding or an affidavit has been
placed in the court file indicating  that  the  preconditions
for service have been previously met or that the requirements
for immediate withholding under paragraph (8) of subsection B
have  been  previously met.  The obligee or public office may
then serve the  order  for  withholding  on  the  payor,  its
superintendent,   manager   or  other  agent  by  regular  or
certified mail or facsimile personal delivery.   A  proof  of
service shall be filed with the Clerk of the Circuit Court.
    (3)  If  a  delinquency  has  accrued for any reason, the
obligee or public office may serve a  notice  of  delinquency
upon the obligor pursuant to subsection (C).  The obligor may
prevent  the notice of delinquency from being served upon the
payor by utilizing the procedures  set  forth  in  subsection
(D). If no petition to stay service has been filed within the
required 20 day time period, the obligee or public office may
serve the notice of delinquency on the payor by utilizing the
procedures for service set forth in subsection (E).
    (4)  New  service  of  an  order  for  withholding is not
required in order to resume withholding of income in the case
of an obligor with respect to whom an order  for  withholding
was  previously  served on the payor if withholding of income
was terminated because of an interruption  in  the  obligor's
employment of less than 180 days.
(G)  Duties of Payor.
    (1)  It  shall  be  the  duty  of  any payor who has been
served with a copy  of  the  specially  certified  order  for
withholding  and  any notice of delinquency to deduct and pay
over income as provided in this subsection.  The payor  shall
deduct the amount designated in the order for withholding, as
supplemented  by  the  notice  of  delinquency and any notice
provided  pursuant  to  paragraph  (6)  of  subsection   (I),
beginning  no  later than the next payment of income which is
payable to the obligor that occurs 14 days following the date
the order and any notice were mailed  by  certified  mail  or
placed  for  personal  delivery.   The  payor may combine all
amounts withheld for the benefit  of  an  obligee  or  public
office  into a single payment and transmit the payment with a
listing of obligors from whom withholding has been  effected.
The  payor  shall  pay  the amount withheld to the obligee or
public office within 10 calendar days of the date  income  is
paid  to  the  obligor  in  accordance  with  the  order  for
withholding and any subsequent notification received from the
public  office  redirecting  payments. If the payor knowingly
fails to pay any amount withheld to  the  obligee  or  public
office  within 10 calendar days of the date income is paid to
the obligor, the payor shall pay a penalty of $100  for  each
day  that  the  withheld amount is not paid to the obligee or
public office after  the  period  of  10  calendar  days  has
expired.   The failure of a payor, on more than one occasion,
to pay amounts withheld  to  the  obligee  or  public  office
within 10 calendar days of the date income is not paid to the
obligor creates a presumption that the payor knowingly failed
to pay the amounts.  This penalty may be collected in a civil
action which may be brought against the payor in favor of the
obligee.  A  finding  of  a payor's nonperformance within the
time required under this Section  must  be  documented  by  a
certified  mail return receipt showing the date the order for
withholding was served on the payor.  For  purposes  of  this
Section,  a  withheld  amount  shall  be considered paid by a
payor on the date it is mailed by the payor, or on  the  date
an electronic funds transfer of the amount has been initiated
by  the payor, or on the date delivery of the amount has been
initiated by the payor. For each deduction, the  payor  shall
provide  the  obligee  or  public  office,  at  the  time  of
transmittal, with the date income was paid from which support
was withheld.
    Upon  receipt of an order requiring that a minor child be
named as a beneficiary of a health insurance  plan  available
through  an  employer  or  labor  union  or  trade union, the
employer or labor union  or  trade  union  shall  immediately
enroll  the  minor  child  as  a  beneficiary  in  the health
insurance plan designated by the court order.   The  employer
shall withhold any required premiums and pay over any amounts
so  withheld  and any additional amounts the employer pays to
the insurance carrier in a timely manner.   The  employer  or
labor  union or trade union shall mail to the obligee, within
15 days of enrollment or upon request, notice of the date  of
coverage, information on the dependent coverage plan, and all
forms  necessary  to  obtain reimbursement for covered health
expenses, such as would be made available  to a new employee.
When an order for dependent coverage is  in  effect  and  the
insurance  coverage  is terminated or changed for any reason,
the employer or labor union or trade union shall  notify  the
obligee  within  10  days  of  the termination or change date
along with notice of conversion privileges.
    For withholding of income, the payor shall be entitled to
receive a fee not to exceed $5 per month to be taken from the
income to be paid to the obligor.
    (2)  Whenever the obligor is no longer  receiving  income
from  the  payor,  the payor shall return a copy of the order
for withholding to the obligee or  public  office  and  shall
provide   information  for  the  purpose  of  enforcing  this
Section.
    (3)  Withholding of income under this  Section  shall  be
made  without regard to any prior or subsequent garnishments,
attachments,  wage  assignments,  or  any  other  claims   of
creditors.   Withholding  of  income under this Section shall
not be in excess of the maximum amounts permitted  under  the
federal Consumer Credit Protection Act. If the payor has been
served with more than one order for withholding pertaining to
the  same  obligor, the payor shall allocate income available
for  withholding  on  a  proportionate  share  basis,  giving
priority to current support payments.  If there is any income
available for withholding after withholding for  all  current
support  obligations,  the payor shall allocate the income to
past due support payments ordered  in  non-AFDC  matters  and
then  to  past  due support payments ordered in AFDC matters,
both on a proportionate share basis. Payment as  required  by
the  order for withholding shall be a complete defense by the
payor against any claims of the obligor or his  creditors  as
to the sum so paid.
    (4)  No payor shall discharge, discipline, refuse to hire
or  otherwise  penalize  any  obligor  because of the duty to
withhold income.
(H)  Petitions to Stay  Service  or  to  Modify,  Suspend  or
Terminate Orders for Withholding.
    (1)  When  an  obligor  files a petition to stay service,
the court, after due notice to all parties,  shall  hear  the
matter  as  soon  as  practicable  and  shall  enter an order
granting  or  denying  relief,   amending   the   notice   of
delinquency,   amending  the  order  for  withholding,  where
applicable, or otherwise resolving the matter.  If the  court
finds   that   a  delinquency  existed  when  the  notice  of
delinquency was served upon the obligor, in an amount  of  at
least one month's support obligation, or that the obligor was
at  least 30 days late in paying all or part of the order for
support, the court shall order immediate service of the order
for withholding.  Where the court cannot promptly resolve any
dispute over the amount of the  delinquency,  the  court  may
order  immediate  service  of the order for withholding as to
any undisputed amounts specified  in  an  amended  notice  of
delinquency,  and  may  continue  the hearing on the disputed
amounts.
    (2)  At any time, an obligor, obligee, public  office  or
Clerk of the Circuit Court may petition the court to:
         (a)  Modify,  suspend  or  terminate  the  order for
    withholding because  of  a  modification,  suspension  or
    termination of the underlying order for support; or
         (b)  Modify  the  amount of income to be withheld to
    reflect payment in full or in part of the delinquency  or
    arrearage by income withholding or otherwise; or
         (c)  Suspend  the  order  for withholding because of
    inability to deliver income withheld to the  obligee  due
    to  the obligee's failure to provide a mailing address or
    other means of delivery.
    (3)  The obligor, obligee or public office shall serve on
the payor, by certified mail or personal delivery, a copy  of
any  order  entered  pursuant to this subsection that affects
the duties of the payor.
    (4)  At any time, a public office or Clerk of the Circuit
Court may serve a notice on the payor to:
         (a)  cease withholding  of  income  for  payment  of
    current  support  for a child when the support obligation
    for that child has automatically ceased under  the  order
    for support through emancipation or otherwise; or
         (b)  cease  withholding  of  income  for  payment of
    delinquency  or  arrearage  when   the   delinquency   or
    arrearage has been paid in full.
    (5)  The  notice provided for under paragraph (4) of this
subsection shall be served on the payor by ordinary mail, and
a copy shall be provided to the obligor and the  obligee.   A
copy  of  the  notice  shall  be  filed with the Clerk of the
Circuit Court.
    (6)  The order  for  withholding  shall  continue  to  be
binding  upon  the  payor  until  service of any order of the
court  or  notice  entered  or  provided   for   under   this
subsection.
(I)  Additional Duties.
    (1)  An  obligee  who  is  receiving  income  withholding
payments  under  this  Section shall notify the payor, if the
obligee receives the payments directly from the payor, or the
public  office  or  the  Clerk  of  the  Circuit  Court,   as
appropriate,  of  any change of address within 7 days of such
change.
    (2)  An obligee who is a recipient of  public  aid  shall
send  a  copy  of any notice of delinquency filed pursuant to
subsection (C) to the Bureau of Child Support of the Illinois
Department of Public Aid.
    (3)  Each obligor shall notify the obligee and the  Clerk
of the Circuit Court of any change of address within 7 days.
    (4)  An obligor whose income is being withheld or who has
been  served  with  a  notice of delinquency pursuant to this
Section shall notify the obligee and the Clerk of the Circuit
Court of any new payor, within 7 days.
    (5)  When the Illinois Department of  Public  Aid  is  no
longer  authorized  to  receive  payments for the obligee, it
shall, within 7 days, notify the payor or, where appropriate,
the  Clerk  of  the  Circuit  Court,   to   redirect   income
withholding payments to the obligee.
    (6)  The obligee or public office shall provide notice to
the payor and Clerk of the Circuit Court of any other support
payment  made,  including but not limited to, a set-off under
federal and State law or partial payment of  the  delinquency
or arrearage, or both.
    (7)  Any  public  office  and  Clerk of the Circuit Court
which collects, disburses or receives  payments  pursuant  to
orders for withholding shall maintain complete, accurate, and
clear  records  of  all  payments  and  their  disbursements.
Certified  copies  of  payment records maintained by a public
office or Clerk of the Circuit Court shall,  without  further
proof,  be  admitted  into  evidence in any legal proceedings
under this Section.
    (8)  The Illinois Department of Public Aid  shall  design
suggested  legal  forms for proceeding under this Section and
shall  make  available  to  the   courts   such   forms   and
informational  materials  which  describe  the procedures and
remedies set forth herein for distribution to all parties  in
support actions.
    (9)  At  the  time  of transmitting each support payment,
the clerk of the circuit court shall provide the  obligee  or
public office, as appropriate, with any information furnished
by  the  payor as to the date income was paid from which such
support was withheld.
(J)  Penalties.
    (1)  Where a payor wilfully fails to withhold or pay over
income pursuant to a  properly  served,  specially  certified
order  for  withholding  and  any  notice  of delinquency, or
wilfully  discharges,  disciplines,  refuses   to   hire   or
otherwise  penalizes  an  obligor as prohibited by subsection
(G), or otherwise fails to comply with any duties imposed  by
this  Section,  the  obligee,  public  office  or obligor, as
appropriate, may file a complaint with the court against  the
payor.   The  clerk  of  the  circuit  court shall notify the
obligee or public office, as appropriate, and the obligor and
payor of the time and place of the hearing on the  complaint.
The  court  shall  resolve any factual dispute including, but
not limited to, a denial that the payor is paying or has paid
income to the obligor.   Upon  a  finding  in  favor  of  the
complaining party, the court:
         (a)  Shall enter judgment and direct the enforcement
    thereof  for  the  total  amount  that the payor wilfully
    failed to withhold or pay over; and
         (b)  May order employment  or  reinstatement  of  or
    restitution  to  the  obligor, or both, where the obligor
    has been discharged, disciplined,  denied  employment  or
    otherwise  penalized  by  the payor and may impose a fine
    upon the payor not to exceed $200.
    (2)  Any obligee, public office or obligor  who  wilfully
initiates  a  false  proceeding  under  this  Section  or who
wilfully fails  to  comply  with  the  requirements  of  this
Section shall be punished as in cases of contempt of court.
(K)  Alternative Procedures for Entry and Service of an Order
for Withholding.
    (1)  Effective January 1, 1987, in any matter in which an
order  for  withholding  has not been entered for any reason,
based upon the last order for support that has been  entered,
and  in which the obligor has become delinquent in payment of
an amount equal to at least one  month's  support  obligation
pursuant to the last order for support or is at least 30 days
late in  complying with all or part of the order for support,
the  obligee  or public office may prepare and serve an order
for withholding pursuant to the procedures set forth in  this
subsection.
    (2)  The obligee or public office shall:
         (a)  Prepare  a  proposed  order for withholding for
    immediate service as provided by paragraphs (1)  and  (3)
    of   subsection   (B),   except   that  the  minimum  20%
    delinquency payment shall be used;
         (b)  Prepare a notice of delinquency as provided  by
    paragraphs  (1)  and  (2)  of  subsection (C), except the
    notice shall state further that the order for withholding
    has not been entered by  the  court  and  the  conditions
    under which the order will be entered; and
         (c)  Serve   the  notice  of  delinquency  and  form
    petition to stay service as provided by paragraph (3)  of
    subsection  (C),  together  with  the  proposed order for
    withholding, which shall be marked "COPY ONLY".
    (3)  After 20 days following service  of  the  notice  of
delinquency  and  proposed  order for withholding, in lieu of
the provisions of  subsection  (E),  the  obligee  or  public
office  shall  file  with  the  Clerk of the Circuit Court an
affidavit, with a copy  of  the  notice  of  delinquency  and
proposed  order  for  withholding  attached  thereto, stating
that:
         (a)  The notice of delinquency  and  proposed  order
    for withholding have been served upon the obligor and the
    date on which service was effected;
         (b)  The  obligor  has  not filed a petition to stay
    service within 20 days of  service  of  such  notice  and
    order; and
         (c)  The  proposed  order for withholding accurately
    states the terms and amounts contained in the last  order
    for support.
    (4)  Upon  the  court's  satisfaction that the procedures
set forth in this subsection have been met,  it  shall  enter
the order for withholding.
    (5)  The  Clerk  shall  then  provide  to  the obligee or
public office a specially certified copy  of  the  order  for
withholding and the notice of delinquency indicating that the
preconditions for service have been met.
    (6)  The   obligee  or  public  office  shall  serve  the
specially certified copies of the order for  withholding  and
the  notice  of delinquency on the payor, its superintendent,
manager  or  other  agent  by  certified  mail  or   personal
delivery.   A  proof of service shall be filed with the Clerk
of the Circuit Court.
    (7)  If the  obligor  requests  in  writing  that  income
withholding  become effective prior to becoming delinquent in
payment of an amount equal to one month's support  obligation
pursuant  to the last order for support, or prior to becoming
30 days late in paying all or part of the order for  support,
the obligee or public office shall file an affidavit with the
Clerk  of  the  circuit  Court,  with  a  proposed  order for
withholding  attached,  stating  that  the   proposed   order
accurately states the terms and amounts contained in the last
order  for  support  and  the obligor's request for immediate
service.  The provisions of paragraphs  (4)  through  (6)  of
this   subsection  shall  apply,  except  that  a  notice  of
delinquency shall not be required.
    (8)  All  other  provisions  of  this  Section  shall  be
applicable with respect to the provisions of this  subsection
(K),  except  that under paragraph (1) of subsection (H), the
court may also amend the proposed order  for  withholding  to
conform to the last order for support.
    (9)  Nothing  in  this  subsection  shall be construed as
limiting the requirements of paragraph (1) of subsection  (B)
with respect to the entry of a separate order for withholding
upon entry of any order for support.
(L)  Remedies in Addition to Other Laws.
    (1)  The  rights,  remedies, duties and penalties created
by this Section are in addition to and  not  in  substitution
for  any other rights, remedies, duties and penalties created
by any other law.
    (2)  Nothing  in  this  Section  shall  be  construed  as
invalidating any assignment of  wages  or  benefits  executed
prior to January 1, 1984.
(Source: P.A.  88-26;  88-45;  88-94; 88-131; 88-307; 88-670,
eff. 12-2-94; 89-507, eff. 7-1-97.)

    Section  91.  The Illinois Marriage  and  Dissolution  of
Marriage Act is amended by changing Section 706.1 as follows:

    (750 ILCS 5/706.1) (from Ch. 40, par. 706.1)
    (Text of Section before amendment by P.A. 89-507)
    Sec.  706.1.  Withholding  of Income to Secure Payment of
Support.

(A)  Definitions.
    (1)  "Order for support" means any  order  of  the  court
which  provides for periodic payment of funds for the support
of a child or maintenance of a spouse, whether  temporary  or
final, and includes any such order which provides for:
         (a)  Modification  or  resumption  of, or payment of
    arrearage accrued under, a previously existing order;
         (b)  Reimbursement of support; or
         (c)  Enrollment in a health insurance plan  that  is
    available  to  the  obligor  through an employer or labor
    union or trade union.
    (2)  "Arrearage" means the total amount of unpaid support
obligations.
    (3)  "Delinquency" means any payment under an  order  for
support  which  becomes due and remains unpaid after an order
for withholding has been entered under subsection (B) or, for
purposes of subsection (K), after the last order for  support
was entered for which no order for withholding was entered.
    (4)  "Income"  means  any  form of periodic payment to an
individual, regardless of source, including, but not  limited
to: wages, salary, commission, compensation as an independent
contractor,  workers'  compensation,  disability, annuity and
retirement  benefits,   lottery   prize   awards,   insurance
proceeds,  vacation pay, bonuses, profit-sharing payments and
any other payments,  made  by  any  person,  private  entity,
federal  or  state  government, any unit of local government,
school district or any entity created by Public Act; however,
"income" excludes:
         (a)  Any amounts required by  law  to  be  withheld,
    other  than  creditor  claims, including, but not limited
    to, federal, State and local taxes, Social  Security  and
    other retirement and disability contributions;
         (b)  Union dues;
         (c)  Any  amounts  exempted  by the federal Consumer
    Credit Protection Act;
         (d)  Public assistance payments; and
         (e)  Unemployment  insurance  benefits   except   as
    provided by law.
    Any  other  State  or  local  laws  which limit or exempt
income or the amount or percentage  of  income  that  can  be
withheld shall not apply.
    (5)  "Obligor"  means  the  individual who owes a duty to
make payments under an order for support.
    (6)  "Obligee" means the individual to  whom  a  duty  of
support is owed or the individual's legal representative.
    (7)  "Payor" means any payor of income to an obligor.
    (8)  "Public  office"  means  any elected official or any
State or local agency which is or may become  responsible  by
law  for enforcement of, or which is or may become authorized
to enforce, an order for support, including, but not  limited
to:  the  Attorney General, the Illinois Department of Public
Aid,  the  Illinois   Department   of   Mental   Health   and
Developmental   Disabilities,   the  Illinois  Department  of
Children  and  Family  Services,  and  the  various   State's
Attorneys,  Clerks  of  the  Circuit Court and supervisors of
general assistance.
    (9)  "Premium" means the  dollar  amount  for  which  the
obligor  is  liable  to  his employer or labor union or trade
union and which must be paid to enroll or maintain a child in
a health insurance plan that  is  available  to  the  obligor
through an employer or labor union or trade union.

(B)  Entry of an Order for Withholding.
    (1)  Upon  entry  of  any  order  for support on or after
January 1, 1984, the court shall enter a separate  order  for
withholding  which  shall  not take effect unless the obligor
becomes delinquent in paying the order  for  support  or  the
obligor  requests  an earlier effective date; except that the
court may require the order for withholding  to  take  effect
immediately.
    On  or after January 1, 1989, the court shall require the
order for withholding to take effect  immediately,  unless  a
written  agreement  is  reached  between  and  signed by both
parties providing for an  alternative  arrangement,  approved
and  entered  into  the  record  by  the court, which insures
payment of support.  In that case, the court shall enter  the
order  for  withholding which will not take effect unless the
obligor becomes delinquent in paying the order for support.
    Upon entry of any order of support on or after  September
11,  1989, if the obligor is not a United States citizen, the
obligor shall  provide  to  the  court  the  obligor's  alien
registration  number,  passport  number,  and  home country's
social security or national health number, if applicable; the
court shall make the information part of the  record  in  the
case.
    (2)  An  order  for  withholding  shall  be  entered upon
petition by the obligee or public office where an  order  for
withholding has not been previously entered.
    (3)  The order for withholding shall:
         (a)  Direct  any  payor  to withhold a dollar amount
    equal to the order for support; and
         (b)  Direct any  payor  to  withhold  an  additional
    dollar  amount,  not  less  than  20%  of  the  order for
    support, until payment in full of any delinquency  stated
    in  the  notice of delinquency provided for in subsection
    (C) or (F) of this Section; and
         (c)  Direct any payor or labor union or trade  union
    to  enroll a child as a beneficiary of a health insurance
    plan  and   withhold  or  cause  to   be   withheld,   if
    applicable, any required premiums; and
         (d)  State  the  rights,  remedies and duties of the
    obligor under this Section; and
         (e)  Include the obligor's Social  Security  Number,
    which the obligor shall disclose to the court; and
         (f)  Include  the  date that withholding for current
    support  terminates,  which  shall   be   the   date   of
    termination  of  the current support obligation set forth
    in the order for support.
    (4)  At the time the order for  withholding  is  entered,
the  Clerk  of  the Circuit Court shall provide a copy of the
order for withholding  and  the  order  for  support  to  the
obligor  and  shall  make copies available to the obligee and
public  office.   Any  copy  of  the  order  for  withholding
furnished to the  parties  under  this  subsection  shall  be
stamped "Not Valid".
    (5)  The order for withholding shall remain in effect for
as long as the order for support upon which it is based.
    (6)  The  failure of an order for withholding to state an
arrearage is not  conclusive  of  the  issue  of  whether  an
arrearage is owing.
    (7)  Notwithstanding  the  provisions of this subsection,
if the court finds  at  the  time  of  any  hearing  that  an
arrearage  has  accrued  in  an  amount equal to at least one
month's support obligation or that the  obligor  is  30  days
late  in  paying  all  or  part of the order for support, the
court  shall  order  immediate  service  of  the  order   for
withholding upon the payor.
    (8)  Where  the court has not required that the order for
withholding take effect immediately, the  obligee  or  public
office   may   prepare  and  serve  a  notice  for  immediate
withholding upon the obligor by ordinary  mail  addressed  to
the  obligor  at  his  or her last known address.  The notice
shall state that the following circumstances have occurred:
         (a)  The parties'  written  agreement  providing  an
    alternative  arrangement  to  immediate withholding under
    paragraph (1) of this subsection no longer  provides  for
    timely payment of all support due; or
         (b)  The  obligor  has  not  made timely payments in
    that the obligor has been at least 7 days late in  paying
    all  or  part  of the order for support any of the last 6
    consecutive dates payments were due prior to the date  of
    the notice for immediate withholding.
    The  notice for immediate withholding shall clearly state
that a specially certified copy of the order for  withholding
will  be  sent  to  the  payor,  unless  the  obligor files a
petition contesting  immediate  withholding  within  20  days
after  service  of  the  notice; however, the grounds for the
petition shall be limited to a dispute concerning whether the
circumstances stated in  the  notice  have  occurred  or  the
identity  of  the  obligor.   It shall not be grounds for the
petition that the obligor has made all payments  due  by  the
date of the petition.
    If  the  obligor  files  a  petition contesting immediate
withholding within the  20-day  period  required  under  this
paragraph,  the  Clerk  of the Circuit Court shall notify the
obligor and the obligee or public office, as appropriate,  of
the  time  and  place  of  the hearing on the petition.  Upon
hearing the petition, the court shall enter an order granting
or denying relief.  It shall not be grounds for granting  the
obligor's  petition  that he or she has made all payments due
by the date of hearing.  If the court  denies  the  obligor's
petition,  it  shall order immediate service of the order for
withholding and direct  the  clerk  to  provide  a  specially
certified copy of the order for withholding to the obligee or
public  office indicating that the requirements for immediate
withholding under this paragraph have been met.
    If the  obligor  does  not  file  a  petition  contesting
immediate  withholding  within the 20-day period, the obligee
or public office shall file with the  Clerk  of  the  Circuit
Court  an  affidavit, with a copy of the notice for immediate
withholding attached thereto, stating  that  the  notice  was
duly  served  and the date on which service was effected, and
that  the  obligor  has  not  filed  a  petition   contesting
immediate  withholding.   The clerk shall then provide to the
obligee or public office a specially certified  copy  of  the
order  for  withholding  indicating that the requirements for
immediate withholding under this paragraph have been met.
    Upon receipt of a specially certified copy of  the  order
for  withholding,  the obligee or public office may serve the
order on the payor,  its  superintendent,  manager  or  other
agent,  by  certified  mail or personal delivery.  A proof of
service shall be filed with the Clerk of the Circuit Court.

(C)  Notice of Delinquency.
    (1)  Whenever an obligor becomes delinquent in payment of
an amount equal to at least one  month's  support  obligation
pursuant to the order for support or is at least 30 days late
in  complying  with  all  or  part  of the order for support,
whichever occurs first, the  obligee  or  public  office  may
prepare  and serve a verified notice of delinquency, together
with a form petition to stay service, pursuant  to  paragraph
(3) of this subsection.
    (2)  The  notice of delinquency shall recite the terms of
the order for support and contain a computation of the period
and total amount of the delinquency, as of the  date  of  the
notice.   The notice shall clearly state that it will be sent
to the payor, together with a specially certified copy of the
order for withholding, except as provided in subsection  (F),
unless  the  obligor  files  a  petition  to  stay service in
accordance with paragraph (1) of subsection (D).
    (3)  The  notice  of  delinquency  shall  be  served   by
ordinary  mail  addressed  to  the obligor at his or her last
known address.
    (4)  The obligor may execute  a  written  waiver  of  the
provisions  of  paragraphs (1) through (3) of this subsection
and request immediate service upon the payor.

(D)  Procedures to Avoid Income Withholding.
    (1)  Except as provided in subsection  (F),  the  obligor
may  prevent  an  order  for withholding from being served by
filing a petition to stay  service  with  the  Clerk  of  the
Circuit  Court, within 20 days after service of the notice of
delinquency; however, the grounds for the  petition  to  stay
service shall be limited to:
         (a)  A  dispute  concerning  the  amount  of current
    support or the existence or amount of the delinquency;
         (b)  The identity of the obligor.
    The Clerk of the Circuit Court shall notify  the  obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition to stay service. The
court  shall  hold such hearing pursuant to the provisions of
subsection (H).
    (2)  Except as provided in subsection (F),  filing  of  a
petition  to  stay service, within the 20-day period required
under this subsection, shall prohibit the obligee  or  public
office from serving the order for withholding on any payor of
the obligor.

(E)  Initial Service of Order for Withholding.
    (1)  Except  as  provided  in subsection (F), in order to
serve an order for withholding upon a payor,  an  obligee  or
public  office  shall follow the procedures set forth in this
subsection.  After 20 days following service of the notice of
delinquency, the obligee or public office shall file with the
Clerk of the Circuit Court an affidavit, with the copy of the
notice of delinquency attached thereto, stating:
         (a)  that the notice of delinquency  has  been  duly
    served and the date on which service was effected; and
         (b)  that  the  obligor  has not filed a petition to
    stay service, or in the alternative
         (c)  that the obligor has waived the  provisions  of
    subparagraphs  (a)  and  (b)  of  this  paragraph  (1) in
    accordance with subsection (C)(4).
    (2)  Upon request of the obligee or  public  office,  the
Clerk  of  the  Circuit  Court  shall: (a) make available any
record of payment; and (b) determine that the file contains a
copy of the affidavit described in paragraph (1).  The  Clerk
shall  then  provide  to  the  obligee  or  public  office  a
specially certified copy of the order for withholding and the
notice  of  delinquency indicating that the preconditions for
service have been met.
    (3)  The obligee or public  office  may  then  serve  the
notice of delinquency and order for withholding on the payor,
its  superintendent,  manager  or  other agent, by regular or
certified mail or facsimile personal delivery.   A  proof  of
service shall be filed with the Clerk of the Circuit Court.

(F)  Subsequent Service of Order for Withholding.
    (1)  Notwithstanding  the  provisions of this Section, at
any time after the court has ordered immediate service of  an
order  for  withholding  or after initial service of an order
for withholding pursuant to subsection (E),  the  obligee  or
public  office  may  serve the order for withholding upon any
payor of the obligor without further notice to  the  obligor.
The  obligee  or  public  office  shall provide notice to the
payor, pursuant to paragraph (6) of subsection  (I),  of  any
payments  that have been made through previous withholding or
any other method.
    (2)  The Clerk of the Circuit Court shall, upon  request,
provide the obligee or public office with specially certified
copies  of  the  order  for  withholding  or  the  notice  of
delinquency  or both whenever the Court has ordered immediate
service of an order for withholding or an affidavit has  been
placed  in  the  court file indicating that the preconditions
for service have been previously met.  The obligee or  public
office may then serve the order for withholding on the payor,
its  superintendent,  manager  or  other  agent by regular or
certified mail or facsimile personal delivery.   A  proof  of
service shall be filed with the Clerk of the Circuit Court.
    (3)  If  a  delinquency  has  accrued for any reason, the
obligee or public office may serve a  notice  of  delinquency
upon the obligor pursuant to subsection (C).  The obligor may
prevent  the notice of delinquency from being served upon the
payor by utilizing the procedures  set  forth  in  subsection
(D). If no petition to stay service has been filed within the
required 20 day time period, the obligee or public office may
serve the notice of delinquency on the payor by utilizing the
procedures for service set forth in subsection (E).
    (4)  New  service  of  an  order  for  withholding is not
required in order to resume withholding of income in the case
of an obligor with respect to whom an order  for  withholding
was  previously  served on the payor if withholding of income
was terminated because of an interruption  in  the  obligor's
employment of less than 180 days.

(G)  Duties of Payor.
    (1)  It  shall  be  the  duty  of  any payor who has been
served with a copy  of  the  specially  certified  order  for
withholding  and  any notice of delinquency to deduct and pay
over income as provided in this subsection.  The payor  shall
deduct the amount designated in the order for withholding, as
supplemented  by  the  notice  of  delinquency and any notice
provided  pursuant  to  paragraph  (6)  of  subsection   (I),
beginning  no  later than the next payment of income which is
payable to the obligor that occurs 14 days following the date
the order and any notice were mailed  by  certified  mail  or
placed  for  personal  delivery.   The  payor may combine all
amounts withheld for the benefit  of  an  obligee  or  public
office  into a single payment and transmit the payment with a
listing of obligors from whom withholding has been  effected.
The  payor  shall  pay  the amount withheld to the obligee or
public office within 10 calendar days of the date  income  is
paid  to  the  obligor  in  accordance  with  the  order  for
withholding and any subsequent notification received from the
public  office  redirecting  payments. If the payor knowingly
fails to pay any amount withheld to  the  obligee  or  public
office  within 10 calendar days of the date income is paid to
the obligor, the payor shall pay a penalty of $100  for  each
day  that  the  withheld amount is not paid to the obligee or
public office after  the  period  of  10  calendar  days  has
expired.   The failure of a payor, on more than one occasion,
to pay amounts withheld  to  the  obligee  or  public  office
within 10 calendar days of the date income is not paid to the
obligor creates a presumption that the payor knowingly failed
to pay the amounts.  This penalty may be collected in a civil
action which may be brought against the payor in favor of the
obligee.  A  finding  of  a payor's nonperformance within the
time required under this Section  must  be  documented  by  a
certified  mail return receipt showing the date the order for
withholding was served on the payor.  For  purposes  of  this
Section,  a  withheld  amount  shall  be considered paid by a
payor on the date it is mailed by the payor, or on  the  date
an electronic funds transfer of the amount has been initiated
by  the payor, or on the date delivery of the amount has been
initiated by the payor. For each deduction, the  payor  shall
provide  the  obligee  or  public  office,  at  the  time  of
transmittal, with the date income was paid from which support
was withheld.
    Upon  receipt of an order requiring that a minor child be
named as a beneficiary of a health insurance  plan  available
through  an  employer  or  labor  union  or  trade union, the
employer or labor union  or  trade  union  shall  immediately
enroll  the  minor  child  as  a  beneficiary  in  the health
insurance plan designated by the court  order.  The  employer
shall withhold any required premiums and pay over any amounts
so  withheld  and any additional amounts the employer pays to
the insurance carrier in a timely manner.   The  employer  or
labor  union or trade union shall mail to the obligee, within
15 days of enrollment or upon request, notice of the date  of
coverage, information on the dependent coverage plan, and all
forms  necessary  to  obtain reimbursement for covered health
expenses, such as would be made available to a new  employee.
When  an  order  for  dependent coverage is in effect and the
insurance coverage is terminated or changed for  any  reason,
the  employer  or labor union or trade union shall notify the
obligee within 10 days of  the  termination  or  change  date
along with notice of conversion privileges.
    For withholding of income, the payor shall be entitled to
receive a fee not to exceed $5 per month to be taken from the
income to be paid to the obligor.
    (2)  Whenever  the  obligor is no longer receiving income
from the payor, the payor shall return a copy  of  the  order
for  withholding  to  the  obligee or public office and shall
provide  information  for  the  purpose  of  enforcing   this
Section.
    (3)  Withholding  of  income  under this Section shall be
made without regard to any prior or subsequent  garnishments,
attachments,   wage  assignments,  or  any  other  claims  of
creditors.  Withholding of income under  this  Section  shall
not  be  in excess of the maximum amounts permitted under the
federal Consumer Credit Protection Act. If the payor has been
served with more than one order for withholding pertaining to
the same obligor, the payor shall allocate  income  available
for  withholding  on  a  proportionate  share  basis,  giving
priority to current support payments.  If there is any income
available  for  withholding after withholding for all current
support obligations, the payor shall allocate the  income  to
past  due  support  payments  ordered in non-AFDC matters and
then to past due support payments ordered  in  AFDC  matters,
both  on  a proportionate share basis. Payment as required by
the order for withholding shall be a complete defense by  the
payor  against  any claims of the obligor or his creditors as
to the sum so paid.
    (4)  No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor  because  of  the  duty  to
withhold income.

(H)  Petitions  to  Stay  Service  or  to  Modify, Suspend or
Terminate Orders for Withholding.
    (1)  When an obligor files a petition  to  stay  service,
the  court,  after  due notice to all parties, shall hear the
matter as soon  as  practicable  and  shall  enter  an  order
granting   or   denying   relief,   amending  the  notice  of
delinquency,  amending  the  order  for  withholding,   where
applicable,  or otherwise resolving the matter.  If the court
finds  that  a  delinquency  existed  when  the   notice   of
delinquency  was  served upon the obligor, in an amount of at
least one month's support obligation, or that the obligor was
at least 30 days late in paying all or part of the order  for
support, the court shall order immediate service of the order
for withholding.  Where the court cannot promptly resolve any
dispute  over  the  amount  of the delinquency, the court may
order immediate service of the order for  withholding  as  to
any  undisputed  amounts  specified  in  an amended notice of
delinquency, and may continue the  hearing  on  the  disputed
amounts.
    (2)  At  any  time, an obligor, obligee, public office or
Clerk of the Circuit Court may petition the court to:
         (a)  Modify, suspend  or  terminate  the  order  for
    withholding  because  of  a  modification,  suspension or
    termination of the underlying order for support; or
         (b)  Modify the amount of income to be  withheld  to
    reflect  payment in full or in part of the delinquency or
    arrearage by income withholding or otherwise; or
         (c)  Suspend the order for  withholding  because  of
    inability  to  deliver income withheld to the obligee due
    to the obligee's failure to provide a mailing address  or
    other means of delivery.
    (3)  The obligor, obligee or public office shall serve on
the  payor, by certified mail or personal delivery, a copy of
any order entered pursuant to this  subsection  that  affects
the duties of the payor.
    (4)  At any time, a public office or Clerk of the Circuit
Court may serve a notice on the payor to:
         (a)  cease  withholding  of  income  for  payment of
    current support for a child when the  support  obligation
    for  that  child has automatically ceased under the order
    for support through emancipation or otherwise; or
         (b)  cease withholding  of  income  for  payment  of
    delinquency   or   arrearage   when  the  delinquency  or
    arrearage has been paid in full.
    (5)  The notice provided for under paragraph (4) of  this
subsection shall be served on the payor by ordinary mail, and
a  copy  shall be provided to the obligor and the obligee.  A
copy of the notice shall be  filed  with  the  Clerk  of  the
Circuit Court.
    (6)  The  order  for  withholding  shall  continue  to be
binding upon the payor until service  of  any  order  of  the
court   or   notice   entered  or  provided  for  under  this
subsection.
(I)  Additional Duties.
    (1)  An  obligee  who  is  receiving  income  withholding
payments under this Section shall notify the  payor,  if  the
obligee receives the payments directly from the payor, or the
public   office  or  the  Clerk  of  the  Circuit  Court,  as
appropriate, of any change of address within 7 days  of  such
change.
    (2)  An  obligee  who  is a recipient of public aid shall
send a copy of any notice of delinquency  filed  pursuant  to
subsection (C) to the Bureau of Child Support of the Illinois
Department of Public Aid.
    (3)  Each  obligor shall notify the obligee and the Clerk
of the Circuit Court of any change of address within 7 days.
    (4)  An obligor whose income is being withheld or who has
been served with a notice of  delinquency  pursuant  to  this
Section shall notify the obligee and the Clerk of the Circuit
Court of any new payor, within 7 days.
    (5)  When  the  Illinois  Department  of Public Aid is no
longer authorized to receive payments  for  the  obligee,  it
shall, within 7 days, notify the payor or, where appropriate,
the   Clerk   of   the  Circuit  Court,  to  redirect  income
withholding payments to the obligee.
    (6)  The obligee or public office shall provide notice to
the payor and Clerk of the Circuit Court of any other support
payment made, including but not limited to, a  set-off  under
federal  and  State law or partial payment of the delinquency
or arrearage, or both.
    (7)  Any public office and Clerk  of  the  Circuit  Court
which  collects,  disburses  or receives payments pursuant to
orders for withholding shall maintain complete, accurate, and
clear  records  of  all  payments  and  their  disbursements.
Certified copies of payment records maintained  by  a  public
office  or  Clerk of the Circuit Court shall, without further
proof, be admitted into evidence  in  any  legal  proceedings
under this Section.
    (8)  The  Illinois  Department of Public Aid shall design
suggested legal forms for proceeding under this  Section  and
shall   make   available   to   the  courts  such  forms  and
informational materials which  describe  the  procedures  and
remedies  set forth herein for distribution to all parties in
support actions.
    (9)  At the time of transmitting  each  support  payment,
the  clerk  of the circuit court shall provide the obligee or
public office, as appropriate, with any information furnished
by the payor as to the date income was paid from  which  such
support was withheld.

(J)  Penalties.
    (1)  Where a payor wilfully fails to withhold or pay over
income  pursuant  to  a  properly served, specially certified
order for withholding  and  any  notice  of  delinquency,  or
wilfully   discharges,   disciplines,   refuses  to  hire  or
otherwise penalizes an obligor as  prohibited  by  subsection
(G),  or otherwise fails to comply with any duties imposed by
this Section, the  obligee,  public  office  or  obligor,  as
appropriate,  may file a complaint with the court against the
payor.  The clerk of  the  circuit  court  shall  notify  the
obligee or public office, as appropriate, and the obligor and
payor  of the time and place of the hearing on the complaint.
The court shall resolve any factual  dispute  including,  but
not limited to, a denial that the payor is paying or has paid
income  to  the  obligor.   Upon  a  finding  in favor of the
complaining party, the court:
         (a)  Shall enter judgment and direct the enforcement
    thereof for the total  amount  that  the  payor  wilfully
    failed to withhold or pay over; and
         (b)  May  order  employment  or  reinstatement of or
    restitution to the obligor, or both,  where  the  obligor
    has  been  discharged,  disciplined, denied employment or
    otherwise penalized by the payor and may  impose  a  fine
    upon the payor not to exceed $200.
    (2)  Any  obligee,  public office or obligor who wilfully
initiates a  false  proceeding  under  this  Section  or  who
wilfully  fails  to  comply  with  the  requirements  of this
Section shall be punished as in cases of contempt of court.

(K)  Alternative Procedures for Entry and Service of an Order
for Withholding.
    (1)  Effective January 1, 1987, in any matter in which an
order for withholding has not been entered  for  any  reason,
based  upon the last order for support that has been entered,
and in which the obligor has become delinquent in payment  of
an  amount  equal  to at least one month's support obligation
pursuant to the last order for support or is at least 30 days
late in complying with all or part of the order for  support,
the  obligee  or public office may prepare and serve an order
for withholding pursuant to the procedures set forth in  this
subsection.
    (2)  The obligee or public office shall:
         (a)  Prepare  a  proposed  order for withholding for
    immediate service as provided by paragraphs (1)  and  (3)
    of   subsection   (B),   except   that  the  minimum  20%
    delinquency payment shall be used;
         (b)  Prepare a notice of delinquency as provided  by
    paragraphs  (1)  and  (2)  of  subsection (C), except the
    notice shall state further that the order for withholding
    has not been entered by  the  court  and  the  conditions
    under which the order will be entered; and
         (c)  Serve   the  notice  of  delinquency  and  form
    petition to stay service as provided by paragraph (3)  of
    subsection  (C),  together  with  the  proposed order for
    withholding, which shall be marked "COPY ONLY".
    (3)  After 20 days following service  of  the  notice  of
delinquency  and  proposed  order for withholding, in lieu of
the provisions of  subsection  (E),  the  obligee  or  public
office  shall  file  with  the  Clerk of the Circuit Court an
affidavit, with a copy  of  the  notice  of  delinquency  and
proposed  order  for  withholding  attached  thereto, stating
that:
         (a)  The notice of delinquency  and  proposed  order
    for withholding have been served upon the obligor and the
    date on which service was effected;
         (b)  The  obligor  has  not filed a petition to stay
    service within 20 days of  service  of  such  notice  and
    order; and
         (c)  The  proposed  order for withholding accurately
    states the terms and amounts contained in the last  order
    for support.
    (4)  Upon  the  court's  satisfaction that the procedures
set forth in this subsection have been met,  it  shall  enter
the order for withholding.
    (5)  The  Clerk  shall  then  provide  to  the obligee or
public office a specially certified copy  of  the  order  for
withholding and the notice of delinquency indicating that the
preconditions for service have been met.
    (6)  The   obligee  or  public  office  shall  serve  the
specially certified copies of the order for  withholding  and
the  notice  of delinquency on the payor, its superintendent,
manager  or  other  agent  by  certified  mail  or   personal
delivery.   A  proof of service shall be filed with the Clerk
of the Circuit Court.
    (7)  If the  obligor  requests  in  writing  that  income
withholding  become effective prior to becoming delinquent in
payment of an amount equal to one month's support  obligation
pursuant  to the last order for support, or prior to becoming
30 days late in paying all or part of the order for  support,
the obligee or public office shall file an affidavit with the
Clerk  of  the  circuit  Court,  with  a  proposed  order for
withholding  attached,  stating  that  the   proposed   order
accurately states the terms and amounts contained in the last
order  for  support  and  the obligor's request for immediate
service.  The provisions of paragraphs  (4)  through  (6)  of
this   subsection  shall  apply,  except  that  a  notice  of
delinquency shall not be required.
    (8)  All  other  provisions  of  this  Section  shall  be
applicable with respect to the provisions of this  subsection
(K),  except  that under paragraph (1) of subsection (H), the
court may also amend the proposed order  for  withholding  to
conform to the last order for support.
    (9)  Nothing  in  this  subsection  shall be construed as
limiting the requirements of paragraph (1) of subsection  (B)
with respect to the entry of a separate order for withholding
upon entry of any order for support.

(L)  Remedies in Addition to Other Laws.
    (1)  The  rights,  remedies, duties and penalties created
by this Section are in addition to and  not  in  substitution
for  any other rights, remedies, duties and penalties created
by any other law.
    (2)  Nothing  in  this  Section  shall  be  construed  as
invalidating any assignment of  wages  or  benefits  executed
prior to January 1, 1984.
(Source: P.A.  87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
    (Text of Section after amendment by P.A.89-507)
    Sec. 706.1.  Withholding of Income to Secure  Payment  of
Support.

(A)  Definitions.
    (1)  "Order  for  support"  means  any order of the court
which provides for periodic payment of funds for the  support
of  a  child or maintenance of a spouse, whether temporary or
final, and includes any such order which provides for:
         (a)  Modification or resumption of,  or  payment  of
    arrearage accrued under, a previously existing order;
         (b)  Reimbursement of support; or
         (c)  Enrollment  in  a health insurance plan that is
    available to the obligor through  an  employer  or  labor
    union or trade union.
    (2)  "Arrearage" means the total amount of unpaid support
obligations.
    (3)  "Delinquency"  means  any payment under an order for
support which becomes due and remains unpaid after  an  order
for withholding has been entered under subsection (B) or, for
purposes  of subsection (K), after the last order for support
was entered for which no order for withholding was entered.
    (4)  "Income" means any form of periodic  payment  to  an
individual,  regardless of source, including, but not limited
to: wages, salary, commission, compensation as an independent
contractor, workers' compensation,  disability,  annuity  and
retirement   benefits,   lottery   prize   awards,  insurance
proceeds, vacation pay, bonuses, profit-sharing payments  and
any  other  payments,  made  by  any  person, private entity,
federal or state government, any unit  of  local  government,
school district or any entity created by Public Act; however,
"income" excludes:
         (a)  Any  amounts  required  by  law to be withheld,
    other than creditor claims, including,  but  not  limited
    to,  federal,  State and local taxes, Social Security and
    other retirement and disability contributions;
         (b)  Union dues;
         (c)  Any amounts exempted by  the  federal  Consumer
    Credit Protection Act;
         (d)  Public assistance payments; and
         (e)  Unemployment   insurance   benefits  except  as
    provided by law.
    Any other State or  local  laws  which  limit  or  exempt
income  or  the  amount  or  percentage of income that can be
withheld shall not apply.
    (5)  "Obligor" means the individual who owes  a  duty  to
make payments under an order for support.
    (6)  "Obligee"  means  the  individual  to whom a duty of
support is owed or the individual's legal representative.
    (7)  "Payor" means any payor of income to an obligor.
    (8)  "Public office" means any elected  official  or  any
State  or  local agency which is or may become responsible by
law for enforcement of, or which is or may become  authorized
to  enforce, an order for support, including, but not limited
to: the Attorney General, the Illinois Department  of  Public
Aid,  the Illinois Department of Human Services, the Illinois
Department of Children and Family Services, and  the  various
State's   Attorneys,   Clerks   of   the  Circuit  Court  and
supervisors of general assistance.
    (9)  "Premium" means the  dollar  amount  for  which  the
obligor  is  liable  to  his employer or labor union or trade
union and which must be paid to enroll or maintain a child in
a health insurance plan that  is  available  to  the  obligor
through an employer or labor union or trade union.

(B)  Entry of an Order for Withholding.
    (1)  Upon  entry  of  any  order  for support on or after
January 1, 1984, the court shall enter a separate  order  for
withholding  which  shall  not take effect unless the obligor
becomes delinquent in paying the order  for  support  or  the
obligor  requests  an earlier effective date; except that the
court may require the order for withholding  to  take  effect
immediately.
    On  or after January 1, 1989, the court shall require the
order for withholding to take effect  immediately,  unless  a
written  agreement  is  reached  between  and  signed by both
parties providing for an  alternative  arrangement,  approved
and  entered  into  the  record  by  the court, which insures
payment of support.  In that case, the court shall enter  the
order  for  withholding which will not take effect unless the
obligor becomes delinquent in paying the order for support.
    Upon entry of any order of support on or after  September
11,  1989, if the obligor is not a United States citizen, the
obligor shall  provide  to  the  court  the  obligor's  alien
registration  number,  passport  number,  and  home country's
social security or national health number, if applicable; the
court shall make the information part of the  record  in  the
case.
    (2)  An  order  for  withholding  shall  be  entered upon
petition by the obligee or public office where an  order  for
withholding has not been previously entered.
    (3)  The order for withholding shall:
         (a)  Direct  any  payor  to withhold a dollar amount
    equal to the order for support; and
         (b)  Direct any  payor  to  withhold  an  additional
    dollar  amount,  not  less  than  20%  of  the  order for
    support, until payment in full of any delinquency  stated
    in  the  notice of delinquency provided for in subsection
    (C) or (F) of this Section; and
         (c)  Direct any payor or labor union or trade  union
    to  enroll a child as a beneficiary of a health insurance
    plan  and   withhold  or  cause  to   be   withheld,   if
    applicable, any required premiums; and
         (d)  State  the  rights,  remedies and duties of the
    obligor under this Section; and
         (e)  Include the obligor's Social  Security  Number,
    which the obligor shall disclose to the court; and
         (f)  Include  the  date that withholding for current
    support  terminates,  which  shall   be   the   date   of
    termination  of  the current support obligation set forth
    in the order for support.
    (4)  At the time the order for  withholding  is  entered,
the  Clerk  of  the Circuit Court shall provide a copy of the
order for withholding  and  the  order  for  support  to  the
obligor  and  shall  make copies available to the obligee and
public  office.   Any  copy  of  the  order  for  withholding
furnished to the  parties  under  this  subsection  shall  be
stamped "Not Valid".
    (5)  The order for withholding shall remain in effect for
as long as the order for support upon which it is based.
    (6)  The  failure of an order for withholding to state an
arrearage is not  conclusive  of  the  issue  of  whether  an
arrearage is owing.
    (7)  Notwithstanding  the  provisions of this subsection,
if the court finds  at  the  time  of  any  hearing  that  an
arrearage  has  accrued  in  an  amount equal to at least one
month's support obligation or that the  obligor  is  30  days
late  in  paying  all  or  part of the order for support, the
court  shall  order  immediate  service  of  the  order   for
withholding upon the payor.
    (8)  Where  the court has not required that the order for
withholding take effect immediately, the  obligee  or  public
office   may   prepare  and  serve  a  notice  for  immediate
withholding upon the obligor by ordinary  mail  addressed  to
the  obligor  at  his  or her last known address.  The notice
shall state that the following circumstances have occurred:
         (a)  The parties'  written  agreement  providing  an
    alternative  arrangement  to  immediate withholding under
    paragraph (1) of this subsection no longer  provides  for
    timely payment of all support due; or
         (b)  The  obligor  has  not  made timely payments in
    that the obligor has been at least 7 days late in  paying
    all  or  part  of the order for support any of the last 6
    consecutive dates payments were due prior to the date  of
    the notice for immediate withholding.
    The  notice for immediate withholding shall clearly state
that a specially certified copy of the order for  withholding
will  be  sent  to  the  payor,  unless  the  obligor files a
petition contesting  immediate  withholding  within  20  days
after  service  of  the  notice; however, the grounds for the
petition shall be limited to a dispute concerning whether the
circumstances stated in  the  notice  have  occurred  or  the
identity  of  the  obligor.   It shall not be grounds for the
petition that the obligor has made all payments  due  by  the
date of the petition.
    If  the  obligor  files  a  petition contesting immediate
withholding within the  20-day  period  required  under  this
paragraph,  the  Clerk  of the Circuit Court shall notify the
obligor and the obligee or public office, as appropriate,  of
the  time  and  place  of  the hearing on the petition.  Upon
hearing the petition, the court shall enter an order granting
or denying relief.  It shall not be grounds for granting  the
obligor's  petition  that he or she has made all payments due
by the date of hearing.  If the court  denies  the  obligor's
petition,  it  shall order immediate service of the order for
withholding and direct  the  clerk  to  provide  a  specially
certified copy of the order for withholding to the obligee or
public  office indicating that the requirements for immediate
withholding under this paragraph have been met.
    If the  obligor  does  not  file  a  petition  contesting
immediate  withholding  within the 20-day period, the obligee
or public office shall file with the  Clerk  of  the  Circuit
Court  an  affidavit, with a copy of the notice for immediate
withholding attached thereto, stating  that  the  notice  was
duly  served  and the date on which service was effected, and
that  the  obligor  has  not  filed  a  petition   contesting
immediate  withholding.   The clerk shall then provide to the
obligee or public office a specially certified  copy  of  the
order  for  withholding  indicating that the requirements for
immediate withholding under this paragraph have been met.
    Upon receipt of a specially certified copy of  the  order
for  withholding,  the obligee or public office may serve the
order on the payor,  its  superintendent,  manager  or  other
agent,  by  certified  mail or personal delivery.  A proof of
service shall be filed with the Clerk of the Circuit Court.

(C)  Notice of Delinquency.
    (1)  Whenever an obligor becomes delinquent in payment of
an amount equal to at least one  month's  support  obligation
pursuant to the order for support or is at least 30 days late
in  complying  with  all  or  part  of the order for support,
whichever occurs first, the  obligee  or  public  office  may
prepare  and serve a verified notice of delinquency, together
with a form petition to stay service, pursuant  to  paragraph
(3) of this subsection.
    (2)  The  notice of delinquency shall recite the terms of
the order for support and contain a computation of the period
and total amount of the delinquency, as of the  date  of  the
notice.   The notice shall clearly state that it will be sent
to the payor, together with a specially certified copy of the
order for withholding, except as provided in subsection  (F),
unless  the  obligor  files  a  petition  to  stay service in
accordance with paragraph (1) of subsection (D).
    (3)  The  notice  of  delinquency  shall  be  served   by
ordinary  mail  addressed  to  the obligor at his or her last
known address.
    (4)  The obligor may execute  a  written  waiver  of  the
provisions  of  paragraphs (1) through (3) of this subsection
and request immediate service upon the payor.

(D)  Procedures to Avoid Income Withholding.
    (1)  Except as provided in subsection  (F),  the  obligor
may  prevent  an  order  for withholding from being served by
filing a petition to stay  service  with  the  Clerk  of  the
Circuit  Court, within 20 days after service of the notice of
delinquency; however, the grounds for the  petition  to  stay
service shall be limited to:
         (a)  A  dispute  concerning  the  amount  of current
    support or the existence or amount of the delinquency;
         (b)  The identity of the obligor.
    The Clerk of the Circuit Court shall notify  the  obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition to stay service. The
court  shall  hold such hearing pursuant to the provisions of
subsection (H).
    (2)  Except as provided in subsection (F),  filing  of  a
petition  to  stay service, within the 20-day period required
under this subsection, shall prohibit the obligee  or  public
office from serving the order for withholding on any payor of
the obligor.

(E)  Initial Service of Order for Withholding.
    (1)  Except  as  provided  in subsection (F), in order to
serve an order for withholding upon a payor,  an  obligee  or
public  office  shall follow the procedures set forth in this
subsection.  After 20 days following service of the notice of
delinquency, the obligee or public office shall file with the
Clerk of the Circuit Court an affidavit, with the copy of the
notice of delinquency attached thereto, stating:
         (a)  that the notice of delinquency  has  been  duly
    served and the date on which service was effected; and
         (b)  that  the  obligor  has not filed a petition to
    stay service, or in the alternative
         (c)  that the obligor has waived the  provisions  of
    subparagraphs  (a)  and  (b)  of  this  paragraph  (1) in
    accordance with subsection (C)(4).
    (2)  Upon request of the obligee or  public  office,  the
Clerk  of  the  Circuit  Court  shall: (a) make available any
record of payment; and (b) determine that the file contains a
copy of the affidavit described in paragraph (1).  The  Clerk
shall  then  provide  to  the  obligee  or  public  office  a
specially certified copy of the order for withholding and the
notice  of  delinquency indicating that the preconditions for
service have been met.
    (3)  The obligee or public  office  may  then  serve  the
notice of delinquency and order for withholding on the payor,
its  superintendent,  manager  or  other agent, by regular or
certified mail or facsimile personal delivery.   A  proof  of
service shall be filed with the Clerk of the Circuit Court.

(F)  Subsequent Service of Order for Withholding.
    (1)  Notwithstanding  the  provisions of this Section, at
any time after the court has ordered immediate service of  an
order  for  withholding  or after initial service of an order
for withholding pursuant to subsection (E),  the  obligee  or
public  office  may  serve the order for withholding upon any
payor of the obligor without further notice to  the  obligor.
The  obligee  or  public  office  shall provide notice to the
payor, pursuant to paragraph (6) of subsection  (I),  of  any
payments  that have been made through previous withholding or
any other method.
    (2)  The Clerk of the Circuit Court shall, upon  request,
provide the obligee or public office with specially certified
copies  of  the  order  for  withholding  or  the  notice  of
delinquency  or both whenever the Court has ordered immediate
service of an order for withholding or an affidavit has  been
placed  in  the  court file indicating that the preconditions
for service have been previously met.  The obligee or  public
office may then serve the order for withholding on the payor,
its  superintendent,  manager  or  other  agent by regular or
certified mail or facsimile personal delivery.   A  proof  of
service shall be filed with the Clerk of the Circuit Court.
    (3)  If  a  delinquency  has  accrued for any reason, the
obligee or public office may serve a  notice  of  delinquency
upon the obligor pursuant to subsection (C).  The obligor may
prevent  the notice of delinquency from being served upon the
payor by utilizing the procedures  set  forth  in  subsection
(D). If no petition to stay service has been filed within the
required 20 day time period, the obligee or public office may
serve the notice of delinquency on the payor by utilizing the
procedures for service set forth in subsection (E).
    (4)  New  service  of  an  order  for  withholding is not
required in order to resume withholding of income in the case
of an obligor with respect to whom an order  for  withholding
was  previously  served on the payor if withholding of income
was terminated because of an interruption  in  the  obligor's
employment of less than 180 days.

(G)  Duties of Payor.
    (1)  It  shall  be  the  duty  of  any payor who has been
served with a copy  of  the  specially  certified  order  for
withholding  and  any notice of delinquency to deduct and pay
over income as provided in this subsection.  The payor  shall
deduct the amount designated in the order for withholding, as
supplemented  by  the  notice  of  delinquency and any notice
provided  pursuant  to  paragraph  (6)  of  subsection   (I),
beginning  no  later than the next payment of income which is
payable to the obligor that occurs 14 days following the date
the order and any notice were mailed  by  certified  mail  or
placed  for  personal  delivery.   The  payor may combine all
amounts withheld for the benefit  of  an  obligee  or  public
office  into a single payment and transmit the payment with a
listing of obligors from whom withholding has been  effected.
The  payor  shall  pay  the amount withheld to the obligee or
public office within 10 calendar days of the date  income  is
paid  to  the  obligor  in  accordance  with  the  order  for
withholding and any subsequent notification received from the
public  office  redirecting  payments. If the payor knowingly
fails to pay any amount withheld to  the  obligee  or  public
office  within 10 calendar days of the date income is paid to
the obligor, the payor shall pay a penalty of $100  for  each
day  that  the  withheld amount is not paid to the obligee or
public office after  the  period  of  10  calendar  days  has
expired.   The failure of a payor, on more than one occasion,
to pay amounts withheld  to  the  obligee  or  public  office
within 10 calendar days of the date income is not paid to the
obligor creates a presumption that the payor knowingly failed
to pay the amounts.  This penalty may be collected in a civil
action which may be brought against the payor in favor of the
obligee.  A  finding  of  a payor's nonperformance within the
time required under this Section  must  be  documented  by  a
certified  mail return receipt showing the date the order for
withholding was served on the payor.  For  purposes  of  this
Section,  a  withheld  amount  shall  be considered paid by a
payor on the date it is mailed by the payor, or on  the  date
an electronic funds transfer of the amount has been initiated
by  the payor, or on the date delivery of the amount has been
initiated by the payor. For each deduction, the  payor  shall
provide  the  obligee  or  public  office,  at  the  time  of
transmittal, with the date income was paid from which support
was withheld.
    Upon  receipt of an order requiring that a minor child be
named as a beneficiary of a health insurance  plan  available
through  an  employer  or  labor  union  or  trade union, the
employer or labor union  or  trade  union  shall  immediately
enroll  the  minor  child  as  a  beneficiary  in  the health
insurance plan designated by the court  order.  The  employer
shall withhold any required premiums and pay over any amounts
so  withheld  and any additional amounts the employer pays to
the insurance carrier in a timely manner.   The  employer  or
labor  union or trade union shall mail to the obligee, within
15 days of enrollment or upon request, notice of the date  of
coverage, information on the dependent coverage plan, and all
forms  necessary  to  obtain reimbursement for covered health
expenses, such as would be made available to a new  employee.
When  an  order  for  dependent coverage is in effect and the
insurance coverage is terminated or changed for  any  reason,
the  employer  or labor union or trade union shall notify the
obligee within 10 days of  the  termination  or  change  date
along with notice of conversion privileges.
    For withholding of income, the payor shall be entitled to
receive a fee not to exceed $5 per month to be taken from the
income to be paid to the obligor.
    (2)  Whenever  the  obligor is no longer receiving income
from the payor, the payor shall return a copy  of  the  order
for  withholding  to  the  obligee or public office and shall
provide  information  for  the  purpose  of  enforcing   this
Section.
    (3)  Withholding  of  income  under this Section shall be
made without regard to any prior or subsequent  garnishments,
attachments,   wage  assignments,  or  any  other  claims  of
creditors.  Withholding of income under  this  Section  shall
not  be  in excess of the maximum amounts permitted under the
federal Consumer Credit Protection Act. If the payor has been
served with more than one order for withholding pertaining to
the same obligor, the payor shall allocate  income  available
for  withholding  on  a  proportionate  share  basis,  giving
priority to current support payments.  If there is any income
available  for  withholding after withholding for all current
support obligations, the payor shall allocate the  income  to
past  due  support  payments  ordered in non-AFDC matters and
then to past due support payments ordered  in  AFDC  matters,
both  on  a proportionate share basis. Payment as required by
the order for withholding shall be a complete defense by  the
payor  against  any claims of the obligor or his creditors as
to the sum so paid.
    (4)  No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor  because  of  the  duty  to
withhold income.

(H)  Petitions  to  Stay  Service  or  to  Modify, Suspend or
Terminate Orders for Withholding.
    (1)  When an obligor files a petition  to  stay  service,
the  court,  after  due notice to all parties, shall hear the
matter as soon  as  practicable  and  shall  enter  an  order
granting   or   denying   relief,   amending  the  notice  of
delinquency,  amending  the  order  for  withholding,   where
applicable,  or otherwise resolving the matter.  If the court
finds  that  a  delinquency  existed  when  the   notice   of
delinquency  was  served upon the obligor, in an amount of at
least one month's support obligation, or that the obligor was
at least 30 days late in paying all or part of the order  for
support, the court shall order immediate service of the order
for withholding.  Where the court cannot promptly resolve any
dispute  over  the  amount  of the delinquency, the court may
order immediate service of the order for  withholding  as  to
any  undisputed  amounts  specified  in  an amended notice of
delinquency, and may continue the  hearing  on  the  disputed
amounts.
    (2)  At  any  time, an obligor, obligee, public office or
Clerk of the Circuit Court may petition the court to:
         (a)  Modify, suspend  or  terminate  the  order  for
    withholding  because  of  a  modification,  suspension or
    termination of the underlying order for support; or
         (b)  Modify the amount of income to be  withheld  to
    reflect  payment in full or in part of the delinquency or
    arrearage by income withholding or otherwise; or
         (c)  Suspend the order for  withholding  because  of
    inability  to  deliver income withheld to the obligee due
    to the obligee's failure to provide a mailing address  or
    other means of delivery.
    (3)  The obligor, obligee or public office shall serve on
the  payor, by certified mail or personal delivery, a copy of
any order entered pursuant to this  subsection  that  affects
the duties of the payor.
    (4)  At any time, a public office or Clerk of the Circuit
Court may serve a notice on the payor to:
         (a)  cease  withholding  of  income  for  payment of
    current support for a child when the  support  obligation
    for  that  child has automatically ceased under the order
    for support through emancipation or otherwise; or
         (b)  cease withholding  of  income  for  payment  of
    delinquency   or   arrearage   when  the  delinquency  or
    arrearage has been paid in full.
    (5)  The notice provided for under paragraph (4) of  this
subsection shall be served on the payor by ordinary mail, and
a  copy  shall be provided to the obligor and the obligee.  A
copy of the notice shall be  filed  with  the  Clerk  of  the
Circuit Court.
    (6)  The  order  for  withholding  shall  continue  to be
binding upon the payor until service  of  any  order  of  the
court   or   notice   entered  or  provided  for  under  this
subsection.
(I)  Additional Duties.
    (1)  An  obligee  who  is  receiving  income  withholding
payments under this Section shall notify the  payor,  if  the
obligee receives the payments directly from the payor, or the
public   office  or  the  Clerk  of  the  Circuit  Court,  as
appropriate, of any change of address within 7 days  of  such
change.
    (2)  An  obligee  who  is a recipient of public aid shall
send a copy of any notice of delinquency  filed  pursuant  to
subsection (C) to the Bureau of Child Support of the Illinois
Department of Public Aid.
    (3)  Each  obligor shall notify the obligee and the Clerk
of the Circuit Court of any change of address within 7 days.
    (4)  An obligor whose income is being withheld or who has
been served with a notice of  delinquency  pursuant  to  this
Section shall notify the obligee and the Clerk of the Circuit
Court of any new payor, within 7 days.
    (5)  When  the  Illinois  Department  of Public Aid is no
longer authorized to receive payments  for  the  obligee,  it
shall, within 7 days, notify the payor or, where appropriate,
the   Clerk   of   the  Circuit  Court,  to  redirect  income
withholding payments to the obligee.
    (6)  The obligee or public office shall provide notice to
the payor and Clerk of the Circuit Court of any other support
payment made, including but not limited to, a  set-off  under
federal  and  State law or partial payment of the delinquency
or arrearage, or both.
    (7)  Any public office and Clerk  of  the  Circuit  Court
which  collects,  disburses  or receives payments pursuant to
orders for withholding shall maintain complete, accurate, and
clear  records  of  all  payments  and  their  disbursements.
Certified copies of payment records maintained  by  a  public
office  or  Clerk of the Circuit Court shall, without further
proof, be admitted into evidence  in  any  legal  proceedings
under this Section.
    (8)  The  Illinois  Department of Public Aid shall design
suggested legal forms for proceeding under this  Section  and
shall   make   available   to   the  courts  such  forms  and
informational materials which  describe  the  procedures  and
remedies  set forth herein for distribution to all parties in
support actions.
    (9)  At the time of transmitting  each  support  payment,
the  clerk  of the circuit court shall provide the obligee or
public office, as appropriate, with any information furnished
by the payor as to the date income was paid from  which  such
support was withheld.

(J)  Penalties.
    (1)  Where a payor wilfully fails to withhold or pay over
income  pursuant  to  a  properly served, specially certified
order for withholding  and  any  notice  of  delinquency,  or
wilfully   discharges,   disciplines,   refuses  to  hire  or
otherwise penalizes an obligor as  prohibited  by  subsection
(G),  or otherwise fails to comply with any duties imposed by
this Section, the  obligee,  public  office  or  obligor,  as
appropriate,  may file a complaint with the court against the
payor.  The clerk of  the  circuit  court  shall  notify  the
obligee or public office, as appropriate, and the obligor and
payor  of the time and place of the hearing on the complaint.
The court shall resolve any factual  dispute  including,  but
not limited to, a denial that the payor is paying or has paid
income  to  the  obligor.   Upon  a  finding  in favor of the
complaining party, the court:
         (a)  Shall enter judgment and direct the enforcement
    thereof for the total  amount  that  the  payor  wilfully
    failed to withhold or pay over; and
         (b)  May  order  employment  or  reinstatement of or
    restitution to the obligor, or both,  where  the  obligor
    has  been  discharged,  disciplined, denied employment or
    otherwise penalized by the payor and may  impose  a  fine
    upon the payor not to exceed $200.
    (2)  Any  obligee,  public office or obligor who wilfully
initiates a  false  proceeding  under  this  Section  or  who
wilfully  fails  to  comply  with  the  requirements  of this
Section shall be punished as in cases of contempt of court.

(K)  Alternative Procedures for Entry and Service of an Order
for Withholding.
    (1)  Effective January 1, 1987, in any matter in which an
order for withholding has not been entered  for  any  reason,
based  upon the last order for support that has been entered,
and in which the obligor has become delinquent in payment  of
an  amount  equal  to at least one month's support obligation
pursuant to the last order for support or is at least 30 days
late in complying with all or part of the order for  support,
the  obligee  or public office may prepare and serve an order
for withholding pursuant to the procedures set forth in  this
subsection.
    (2)  The obligee or public office shall:
         (a)  Prepare  a  proposed  order for withholding for
    immediate service as provided by paragraphs (1)  and  (3)
    of   subsection   (B),   except   that  the  minimum  20%
    delinquency payment shall be used;
         (b)  Prepare a notice of delinquency as provided  by
    paragraphs  (1)  and  (2)  of  subsection (C), except the
    notice shall state further that the order for withholding
    has not been entered by  the  court  and  the  conditions
    under which the order will be entered; and
         (c)  Serve   the  notice  of  delinquency  and  form
    petition to stay service as provided by paragraph (3)  of
    subsection  (C),  together  with  the  proposed order for
    withholding, which shall be marked "COPY ONLY".
    (3)  After 20 days following service  of  the  notice  of
delinquency  and  proposed  order for withholding, in lieu of
the provisions of  subsection  (E),  the  obligee  or  public
office  shall  file  with  the  Clerk of the Circuit Court an
affidavit, with a copy  of  the  notice  of  delinquency  and
proposed  order  for  withholding  attached  thereto, stating
that:
         (a)  The notice of delinquency  and  proposed  order
    for withholding have been served upon the obligor and the
    date on which service was effected;
         (b)  The  obligor  has  not filed a petition to stay
    service within 20 days of  service  of  such  notice  and
    order; and
         (c)  The  proposed  order for withholding accurately
    states the terms and amounts contained in the last  order
    for support.
    (4)  Upon  the  court's  satisfaction that the procedures
set forth in this subsection have been met,  it  shall  enter
the order for withholding.
    (5)  The  Clerk  shall  then  provide  to  the obligee or
public office a specially certified copy  of  the  order  for
withholding and the notice of delinquency indicating that the
preconditions for service have been met.
    (6)  The   obligee  or  public  office  shall  serve  the
specially certified copies of the order for  withholding  and
the  notice  of delinquency on the payor, its superintendent,
manager  or  other  agent  by  certified  mail  or   personal
delivery.   A  proof of service shall be filed with the Clerk
of the Circuit Court.
    (7)  If the  obligor  requests  in  writing  that  income
withholding  become effective prior to becoming delinquent in
payment of an amount equal to one month's support  obligation
pursuant  to the last order for support, or prior to becoming
30 days late in paying all or part of the order for  support,
the obligee or public office shall file an affidavit with the
Clerk  of  the  circuit  Court,  with  a  proposed  order for
withholding  attached,  stating  that  the   proposed   order
accurately states the terms and amounts contained in the last
order  for  support  and  the obligor's request for immediate
service.  The provisions of paragraphs  (4)  through  (6)  of
this   subsection  shall  apply,  except  that  a  notice  of
delinquency shall not be required.
    (8)  All  other  provisions  of  this  Section  shall  be
applicable with respect to the provisions of this  subsection
(K),  except  that under paragraph (1) of subsection (H), the
court may also amend the proposed order  for  withholding  to
conform to the last order for support.
    (9)  Nothing  in  this  subsection  shall be construed as
limiting the requirements of paragraph (1) of subsection  (B)
with respect to the entry of a separate order for withholding
upon entry of any order for support.

(L)  Remedies in Addition to Other Laws.
    (1)  The  rights,  remedies, duties and penalties created
by this Section are in addition to and  not  in  substitution
for  any other rights, remedies, duties and penalties created
by any other law.
    (2)  Nothing  in  this  Section  shall  be  construed  as
invalidating any assignment of  wages  or  benefits  executed
prior to January 1, 1984.
(Source: P.A.  88-26;  88-45;  88-94; 88-131; 88-307; 88-670,
eff. 12-2-94; 89-507, eff. 7-1-97.)

    Section 92.  The Non-Support of Spouse and  Children  Act
is amended by changing Section 4.1 as follows:

    (750 ILCS 15/4.1) (from Ch. 40, par. 1107.1)
    (Text of Section before amendment by P.A. 89-507)
    Sec.  4.1.  Withholding  of  Income  to Secure Payment of
Support.

(A)  Definitions.
    (1)  "Order for support" means any  order  of  the  court
which  provides for periodic payment of funds for the support
of a child or maintenance of a spouse, whether  temporary  or
final, and includes any such order which provides for:
         (a)  Modification  or  resumption  of, or payment of
    arrearage accrued under, a previously existing order;
         (b)  Reimbursement of support; or
         (c)  Enrollment in a health insurance plan  that  is
    available  to  the  obligor  through an employer or labor
    union or trade union.
    (2)  "Arrearage" means the total amount of unpaid support
obligations.
    (3)  "Delinquency" means any payment under an  order  for
support  which  becomes due and remains unpaid after an order
for withholding has been entered under subsection (B) or, for
purposes of subsection (K), after the last order for  support
was entered for which no order for withholding was entered.
    (4)  "Income"  means  any  form of periodic payment to an
individual, regardless of source, including, but not  limited
to: wages, salary, commission, compensation as an independent
contractor,  workers'  compensation,  disability, annuity and
retirement  benefits,   lottery   prize   awards,   insurance
proceeds,  vacation pay, bonuses, profit-sharing payments and
any other payments,  made  by  any  person,  private  entity,
federal  or  state  government, any unit of local government,
school district or any entity created by Public Act; however,
"income" excludes:
         (a)  Any amounts required by  law  to  be  withheld,
    other  than  creditor  claims, including, but not limited
    to, federal, State and local taxes, Social  Security  and
    other retirement and disability contributions;
         (b)  Union dues;
         (c)  Any  amounts  exempted  by the federal Consumer
    Credit Protection Act;
         (d)  Public assistance payments; and
         (e)  Unemployment  insurance  benefits   except   as
    provided by law.
    Any  other  State  or  local  laws  which limit or exempt
income or the amount or percentage  of  income  that  can  be
withheld shall not apply.
    (5)  "Obligor"  means  the  individual who owes a duty to
make payments under an order for support.
    (6)  "Obligee" means the individual to  whom  a  duty  of
support is owed or the individual's legal representative.
    (7)  "Payor" means any payor of income to an obligor.
    (8)  "Public  office"  means  any elected official or any
State or local agency which is or may become  responsible  by
law  for enforcement of, or which is or may become authorized
to enforce, an order for support, including, but not  limited
to:  the  Attorney General, the Illinois Department of Public
Aid,  the  Illinois   Department   of   Mental   Health   and
Developmental   Disabilities,   the  Illinois  Department  of
Children  and  Family  Services,  and  the  various   State's
Attorneys,  Clerks  of  the  Circuit Court and supervisors of
general assistance.
    (9)  "Premium" means the  dollar  amount  for  which  the
obligor  is  liable  to  his employer or labor union or trade
union and which must be paid to enroll or maintain a child in
a health insurance plan that  is  available  to  the  obligor
through an employer or labor union or trade union.

(B)  Entry of an Order for Withholding.
    (1)  Upon  entry  of  any  order  for support on or after
January 1, 1984, the court shall enter a separate  order  for
withholding  which  shall  not take effect unless the obligor
becomes delinquent in paying the order  for  support  or  the
obligor  requests  an earlier effective date; except that the
court may require the order for withholding  to  take  effect
immediately.
    On  or after January 1, 1989, the court shall require the
order for withholding to take effect  immediately,  unless  a
written  agreement  is  reached  between  and  signed by both
parties providing for an  alternative  arrangement,  approved
and  entered  into  the  record  by  the court, which insures
payment of support.  In that case, the court shall enter  the
order  for  withholding which will not take effect unless the
obligor becomes delinquent in paying the order for support.
    Upon entry of any order of support on or after  September
11,  1989, if the obligor is not a United States citizen, the
obligor shall  provide  to  the  court  the  obligor's  alien
registration  number,  passport  number,  and  home country's
social security or national health number, if applicable; the
court shall make the information part of the  record  in  the
case.
    (2)  An  order  for  withholding  shall  be  entered upon
petition by the obligee or public office where an  order  for
withholding has not been previously entered.
    (3)  The order for withholding shall:
         (a)  Direct  any  payor  to withhold a dollar amount
    equal to the order for support; and
         (b)  Direct any  payor  to  withhold  an  additional
    dollar  amount,  not  less  than  20%  of  the  order for
    support, until payment in full of any delinquency  stated
    in  the  notice of delinquency provided for in subsection
    (C) or (F) of this Section; and
         (c)  Direct any payor or labor union or trade  union
    to  enroll a child as a beneficiary of a health insurance
    plan and withhold or cause to be withheld, if applicable,
    any required premiums; and
         (d)  State the rights, remedies and  duties  of  the
    obligor under this Section; and
         (e)  Include  the  obligor's Social Security Number,
    which the obligor shall disclose to the court; and
         (f)  Include the date that withholding  for  current
    support   terminates,   which   shall   be  the  date  of
    termination of the current support obligation  set  forth
    in the order for support.
    (4)  At  the  time  the order for withholding is entered,
the Clerk of the Circuit Court shall provide a  copy  of  the
order  for  withholding  and  the  order  for  support to the
obligor and shall make copies available to  the  obligee  and
public  office.   Any  copy  of  the  order  for  withholding
furnished  to  the  parties  under  this  subsection shall be
stamped "Not Valid".
    (5)  The order for withholding shall remain in effect for
as long as the order for support upon which it is based.
    (6)  The failure of an order for withholding to state  an
arrearage  is  not  conclusive  of  the  issue  of whether an
arrearage is owing.
    (7)  Notwithstanding the provisions of  this  subsection,
if  the  court  finds  at  the  time  of  any hearing that an
arrearage has accrued in an amount  equal  to  at  least  one
month's  support  obligation  or  that the obligor is 30 days
late in paying all or part of  the  order  for  support,  the
court   shall  order  immediate  service  of  the  order  for
withholding upon the payor.
    (8)  Where the court has not required that the order  for
withholding  take  effect  immediately, the obligee or public
office  may  prepare  and  serve  a  notice   for   immediate
withholding  upon  the  obligor by ordinary mail addressed to
the obligor at his or her last  known  address.   The  notice
shall state that the following circumstances have occurred:
         (a)  The  parties'  written  agreement  providing an
    alternative arrangement to  immediate  withholding  under
    paragraph  (1)  of this subsection no longer provides for
    timely payment of all support due; or
         (b)  The obligor has not  made  timely  payments  in
    that  the obligor has been at least 7 days late in paying
    all or part of the order for support any of  the  last  6
    consecutive  dates payments were due prior to the date of
    the notice for immediate withholding.
    The notice for immediate withholding shall clearly  state
that  a specially certified copy of the order for withholding
will be sent  to  the  payor,  unless  the  obligor  files  a
petition  contesting  immediate  withholding  within  20 days
after service of the notice; however,  the  grounds  for  the
petition shall be limited to a dispute concerning whether the
circumstances  stated  in  the  notice  have  occurred or the
identity of the obligor.  It shall not  be  grounds  for  the
petition  that  the  obligor has made all payments due by the
date of the petition.
    If the obligor  files  a  petition  contesting  immediate
withholding  within  the  20-day  period  required under this
paragraph, the Clerk of the Circuit Court  shall  notify  the
obligor  and the obligee or public office, as appropriate, of
the time and place of the  hearing  on  the  petition.   Upon
hearing the petition, the court shall enter an order granting
or  denying relief.  It shall not be grounds for granting the
obligor's petition that he or she has made all  payments  due
by  the  date  of hearing.  If the court denies the obligor's
petition, it shall order immediate service of the  order  for
withholding,  and  direct  the  clerk  to provide a specially
certified copy of the order for withholding to the obligee or
public office indicating that the requirements for  immediate
withholding under this paragraph have been met.
    If  the  obligor  does  not  file  a  petition contesting
immediate withholding within the 20-day period,  the  obligee
or  public  office  shall  file with the Clerk of the Circuit
Court an affidavit, with a copy of the notice  for  immediate
withholding  attached  thereto,  stating  that the notice was
duly served and the date on which service was  effected,  and
that   the  obligor  has  not  filed  a  petition  contesting
immediate withholding.  The clerk shall then provide  to  the
obligee  or  public  office a specially certified copy of the
order for withholding indicating that  the  requirements  for
immediate withholding under this paragraph have been met.
    Upon  receipt  of a specially certified copy of the order
for withholding, the obligee or public office may  serve  the
order  on  the  payor,  its  superintendent, manager or other
agent, by certified mail or personal delivery.   A  proof  of
service shall be filed with the Clerk of the Circuit Court.

(C)  Notice of Delinquency.
    (1)  Whenever an obligor becomes delinquent in payment of
an  amount  equal  to at least one month's support obligation
pursuant to the order for support or is at least 30 days late
in complying with all or  part  of  the  order  for  support,
whichever  occurs  first,  the  obligee  or public office may
prepare and serve a verified notice of delinquency,  together
with  a  form petition to stay service, pursuant to paragraph
(3) of this subsection.
    (2)  The notice of delinquency shall recite the terms  of
the order for support and contain a computation of the period
and  total  amount  of the delinquency, as of the date of the
notice.  The notice shall clearly state that it will be  sent
to the payor, together with a specially certified copy of the
order  for withholding, except as provided in subsection (F),
unless the obligor  files  a  petition  to  stay  service  in
accordance with paragraph (1) of subsection (D).
    (3)  The   notice  of  delinquency  shall  be  served  by
ordinary mail addressed to the obligor at  his  or  her  last
known address.
    (4)  The  obligor  may  execute  a  written waiver of the
provisions of paragraphs (1) through (3) of  this  subsection
and request immediate service upon the payor.

(D)  Procedures to Avoid Income Withholding.
    (1)  Except  as  provided  in subsection (F), the obligor
may prevent an order for withholding  from  being  served  by
filing  a  petition  to  stay  service  with the Clerk of the
Circuit Court, within 20 days after service of the notice  of
delinquency;  however,  the  grounds for the petition to stay
service shall be limited to:
         (a)  A dispute  concerning  the  amount  of  current
    support or the existence or amount of the delinquency;
         (b)  The identity of the obligor.
    The  Clerk  of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition to stay service. The
court shall hold such hearing pursuant to the  provisions  of
subsection (H).
    (2)  Except  as  provided  in subsection (F), filing of a
petition to stay service, within the 20-day  period  required
under  this  subsection, shall prohibit the obligee or public
office from serving the order for withholding on any payor of
the obligor.

(E)  Initial Service of Order for Withholding.
    (1)  Except as provided in subsection (F),  in  order  to
serve  an  order  for withholding upon a payor, an obligee or
public office shall follow the procedures set forth  in  this
subsection.  After 20 days following service of the notice of
delinquency, the obligee or public office shall file with the
Clerk of the Circuit Court an affidavit, with the copy of the
notice of delinquency attached thereto, stating:
         (a)  that  the  notice  of delinquency has been duly
    served and the date on which service was effected; and
         (b)  that the obligor has not filed  a  petition  to
    stay service, or in the alternative
         (c)  that  the  obligor has waived the provisions of
    subparagraphs (a)  and  (b)  of  this  paragraph  (1)  in
    accordance with subsection (C)(4).
    (2)  Upon  request  of  the obligee or public office, the
Clerk of the Circuit Court  shall:  (a)  make  available  any
record of payment; and (b) determine that the file contains a
copy  of  the affidavit described in paragraph (1). The Clerk
shall  then  provide  to  the  obligee  or  public  office  a
specially certified copy of the order for withholding and the
notice of delinquency indicating that the  preconditions  for
service have been met.
    (3)  The  obligee  or  public  office  may then serve the
notice of delinquency and order for withholding on the payor,
its superintendent, manager or other  agent,  by  regular  or
certified  mail  or  facsimile personal delivery.  A proof of
service shall be filed with the Clerk of the Circuit Court.

(F)  Subsequent Service of Order for Withholding.
    (1)  Notwithstanding the provisions of this  Section,  at
any  time after the court has ordered immediate service of an
order for withholding or after initial service  of  an  order
for  withholding  pursuant  to subsection (E), the obligee or
public office may serve the order for  withholding  upon  any
payor  of  the obligor without further notice to the obligor.
The obligee or public office  shall  provide  notice  to  the
payor,  pursuant  to  paragraph (6) of subsection (I), of any
payments that have been made through previous withholding  or
any other method.
    (2)  The  Clerk of the Circuit Court shall, upon request,
provide the obligee or public office with specially certified
copies  of  the  order  for  withholding  or  the  notice  of
delinquency or both whenever the Court has ordered  immediate
service  of an order for withholding or an affidavit has been
placed in the court file indicating  that  the  preconditions
for  service have been previously met.  The obligee or public
office may then serve the order for withholding on the payor,
its superintendent, manager or  other  agent  by  regular  or
certified  mail  or  facsimile personal delivery.  A proof of
service shall be filed with the Clerk of the Circuit Court.
    (3)  If a delinquency has accrued  for  any  reason,  the
obligee  or  public  office may serve a notice of delinquency
upon the obligor pursuant to subsection (C).  The obligor may
prevent the notice of delinquency from being served upon  the
payor  by  utilizing  the  procedures set forth in subsection
(D).
    If no petition to stay service has been filed within  the
required 20 day time period, the obligee or public office may
serve the notice of delinquency on the payor by utilizing the
procedures for service set forth in subsection (E).
    (4)  New  service  of  an  order  for  withholding is not
required in order to resume withholding of income in the case
of an obligor with respect to whom an order  for  withholding
was  previously  served on the payor if withholding of income
was terminated because of an interruption  in  the  obligor's
employment of less than 180 days.

(G)  Duties of Payor.
    (1)  It  shall  be  the  duty  of  any payor who has been
served with a copy  of  the  specially  certified  order  for
withholding  and  any notice of delinquency to deduct and pay
over income as provided in this subsection.  The payor  shall
deduct the amount designated in the order for withholding, as
supplemented  by  the  notice  of  delinquency and any notice
provided  pursuant  to  paragraph  (6)  of  subsection   (I),
beginning  no  later than the next payment of income which is
payable to the obligor that occurs 14 days following the date
the order and any notice were mailed  by  certified  mail  or
placed  for  personal  delivery.   The  payor may combine all
amounts withheld for the benefit  of  an  obligee  or  public
office  into a single payment and transmit the payment with a
listing of obligors from whom withholding has been  effected.
The  payor  shall  pay  the amount withheld to the obligee or
public office within 10 calendar days of the date  income  is
paid  to  the  obligor  in  accordance  with  the  order  for
withholding and any subsequent notification received from the
public  office  redirecting  payments. If the payor knowingly
fails to pay any amount withheld to  the  obligee  or  public
office  within 10 calendar days of the date income is paid to
the obligor, the payor shall pay a penalty of $100  for  each
day  that  the  withheld amount is not paid to the obligee or
public office after  the  period  of  10  calendar  days  has
expired.   The failure of a payor, on more than one occasion,
to pay amounts withheld  to  the  obligee  or  public  office
within  10  calendar  days  of the date income is paid to the
obligor creates a presumption that the payor knowingly failed
to pay the amounts.  This penalty may be collected in a civil
action which may be brought against the payor in favor of the
obligee. A finding of a  payor's  nonperformance  within  the
time  required  under  this  Section  must be documented by a
certified mail return receipt showing the date the order  for
withholding  was  served  on  the payor. For purposes of this
Section, a withheld amount shall  be  considered  paid  by  a
payor  on  the date it is mailed by the payor, or on the date
an electronic funds transfer of the amount has been initiated
by the payor, or on the date delivery of the amount has  been
initiated  by  the payor. For each deduction, the payor shall
provide  the  obligee  or  public  office,  at  the  time  of
transmittal, with the date income was paid from which support
was withheld.
    Upon receipt of an order requiring that a minor child  be
named  as  a beneficiary of a health insurance plan available
through an employer  or  labor  union  or  trade  union,  the
employer  or  labor  union  or  trade union shall immediately
enroll the  minor  child  as  a  beneficiary  in  the  health
insurance  plan  designated  by the court order. The employer
shall withhold any required premiums and pay over any amounts
so withheld and any additional amounts the employer  pays  to
the  insurance  carrier  in a timely manner.  The employer or
labor union or trade union shall mail to the obligee,  within
15  days of enrollment or upon request, notice of the date of
coverage, information on the dependent coverage plan, and all
forms necessary to obtain reimbursement  for  covered  health
expenses,  such as would be made available to a new employee.
When an order for dependent coverage is  in  effect  and  the
insurance  coverage  is terminated or changed for any reason,
the employer or labor union or trade union shall  notify  the
obligee  within  10  days  of  the termination or change date
along with notice of conversion privileges.
    For withholding of income, the payor shall be entitled to
receive a fee not to exceed $5 per month or the actual  check
processing cost to be taken from the income to be paid to the
obligor.
    (2)  Whenever  the  obligor is no longer receiving income
from the payor, the payor shall return a copy  of  the  order
for  withholding  to  the  obligee or public office and shall
provide  information  for  the  purpose  of  enforcing   this
Section.
    (3)  Withholding  of  income  under this Section shall be
made without regard to any prior or subsequent  garnishments,
attachments,   wage  assignments,  or  any  other  claims  of
creditors.  Withholding of income under  this  Section  shall
not  be  in excess of the maximum amounts permitted under the
federal Consumer Credit Protection Act. If the payor has been
served with more than one order for withholding pertaining to
the same obligor, the payor shall allocate  income  available
for  withholding  on  a  proportionate  share  basis,  giving
priority to current support payments.  If there is any income
available  for  withholding after withholding for all current
support obligations, the payor shall allocate the  income  to
past  due  support  payments  ordered in non-AFDC matters and
then to past due support payments ordered  in  AFDC  matters,
both  on  a proportionate share basis. Payment as required by
the order for withholding shall be a complete defense by  the
payor  against  any claims of the obligor or his creditors as
to the sum so paid.
    (4)  No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor  because  of  the  duty  to
withhold income.

(H)  Petitions  to  Stay  Service  or  to  Modify, Suspend or
Terminate Orders for Withholding.
    (1)  When an obligor files a petition  to  stay  service,
the  court,  after  due notice to all parties, shall hear the
matter as soon  as  practicable  and  shall  enter  an  order
granting   or   denying   relief,   amending  the  notice  of
delinquency,  amending  the  order  for  withholding,   where
applicable,  or otherwise resolving the matter.  If the court
finds  that  a  delinquency  existed  when  the   notice   of
delinquency  was  served upon the obligor, in an amount of at
least one month's support obligation, or that the obligor was
at least 30 days late in paying all or part of the order  for
support, the court shall order immediate service of the order
for withholding.  Where the court cannot promptly resolve any
dispute  over  the  amount  of the delinquency, the court may
order immediate service of the order for  withholding  as  to
any  undisputed  amounts  specified  in  an amended notice of
delinquency, and may continue the  hearing  on  the  disputed
amounts.
    (2)  At  any  time, an obligor, obligee, public office or
Clerk of the Circuit Court may petition the court to:
         (a)  Modify, suspend  or  terminate  the  order  for
    withholding  because  of  a  modification,  suspension or
    termination of the underlying order for support; or
         (b)  Modify the amount of income to be  withheld  to
    reflect  payment in full or in part of the delinquency or
    arrearage by income withholding or otherwise; or
         (c)  Suspend the order for  withholding  because  of
    inability  to  deliver income withheld to the obligee due
    to the obligee's failure to provide a mailing address  or
    other means of delivery.
    (3)  The obligor, obligee or public office shall serve on
the  payor, by certified mail or personal delivery, a copy of
any order entered pursuant to this  subsection  that  affects
the duties of the payor.
    (4)  At any time, a public office or Clerk of the Circuit
Court may serve a notice on the payor to:
         (a)  cease  withholding  of  income  for  payment of
    current support for a child when the  support  obligation
    for  that  child has automatically ceased under the order
    for support through emancipation or otherwise; or
         (b)  cease withholding  of  income  for  payment  of
    delinquency   or   arrearage   when  the  delinquency  or
    arrearage has been paid in full.
    (5)  The notice provided for under paragraph (4) of  this
subsection shall be served on the payor by ordinary mail, and
a  copy  shall be provided to the obligor and the obligee.  A
copy of the notice shall be  filed  with  the  Clerk  of  the
Circuit Court.
    (6)  The  order  for  withholding  shall  continue  to be
binding upon the payor until service  of  any  order  of  the
court   or   notice   entered  or  provided  for  under  this
subsection.
(I)  Additional Duties.
    (1)  An  obligee  who  is  receiving  income  withholding
payments under this Section shall notify the  payor,  if  the
obligee receives the payments directly from the payor, or the
public   office  or  the  Clerk  of  the  Circuit  Court,  as
appropriate, of any change of address within 7 days  of  such
change.
    (2)  An  obligee  who  is a recipient of public aid shall
send a copy of any notice of delinquency  filed  pursuant  to
subsection (C) to the Bureau of Child Support of the Illinois
Department of Public Aid.
    (3)  Each  obligor shall notify the obligee and the Clerk
of the Circuit Court of any change of address within 7 days.
    (4)  An obligor whose income is being withheld or who has
been served with a notice of  delinquency  pursuant  to  this
Section shall notify the obligee and the Clerk of the Circuit
Court of any new payor, within 7 days.
    (5)  When  the  Illinois  Department  of Public Aid is no
longer authorized to receive payments  for  the  obligee,  it
shall, within 7 days, notify the payor or, where appropriate,
the   Clerk   of   the  Circuit  Court,  to  redirect  income
withholding payments to the obligee.
    (6)  The obligee or public office shall provide notice to
the payor and Clerk of the Circuit Court of any other support
payment made, including but not limited to, a  set-off  under
federal  and  State law or partial payment of the delinquency
or arrearage, or both.
    (7)  Any public office and Clerk  of  the  Circuit  Court
which  collects,  disburses  or receives payments pursuant to
orders for withholding shall maintain complete, accurate, and
clear  records  of  all  payments  and  their  disbursements.
Certified copies of payment records maintained  by  a  public
office  or  Clerk of the Circuit Court shall, without further
proof, be admitted into evidence  in  any  legal  proceedings
under this Section.
    (8)  The  Illinois  Department of Public Aid shall design
suggested legal forms for proceeding under this  Section  and
shall   make   available   to   the  courts  such  forms  and
informational materials which  describe  the  procedures  and
remedies  set forth herein for distribution to all parties in
support actions.
    (9)  At the time of transmitting  each  support  payment,
the  clerk  of the circuit court shall provide the obligee or
public office, as appropriate, with any information furnished
by the payor as to the date income was paid from  which  such
support was withheld.

(J)  Penalties.
    (1)  Where a payor wilfully fails to withhold or pay over
income  pursuant  to  a  properly served, specially certified
order for withholding  and  any  notice  of  delinquency,  or
wilfully   discharges,   disciplines,   refuses  to  hire  or
otherwise penalizes an obligor as  prohibited  by  subsection
(G),  or otherwise fails to comply with any duties imposed by
this Section, the  obligee,  public  office  or  obligor,  as
appropriate,  may file a complaint with the court against the
payor.  The clerk of  the  circuit  court  shall  notify  the
obligee or public office, as appropriate, and the obligor and
payor  of the time and place of the hearing on the complaint.
The court shall resolve any factual  dispute  including,  but
not limited to, a denial that the payor is paying or has paid
income  to  the  obligor.   Upon  a  finding  in favor of the
complaining party, the court:
         (a)  Shall enter judgment and direct the enforcement
    thereof for the total  amount  that  the  payor  wilfully
    failed to withhold or pay over; and
         (b)  May  order  employment  or  reinstatement of or
    restitution to the obligor, or both,  where  the  obligor
    has  been  discharged,  disciplined, denied employment or
    otherwise penalized by the payor and may  impose  a  fine
    upon the payor not to exceed $200.
    (2)  Any  obligee,  public office or obligor who wilfully
initiates a  false  proceeding  under  this  Section  or  who
wilfully  fails  to  comply  with  the  requirements  of this
Section shall be punished as in cases of contempt of court.

(K)  Alternative Procedures for Entry and Service of an Order
for Withholding.
    (1)  Effective January 1, 1987, in any matter in which an
order for withholding has not been entered  for  any  reason,
based  upon the last order for support that has been entered,
and in which the obligor has become delinquent in payment  of
an  amount  equal  to at least one month's support obligation
pursuant to the last order for support or is at least 30 days
late in complying with all or part of the order for  support,
the  obligee  or public office may prepare and serve an order
for withholding pursuant to the procedures set forth in  this
subsection.
    (2)  The obligee or public office shall:
         (a)  Prepare  a  proposed  order for withholding for
    immediate service as provided by paragraphs (1)  and  (3)
    of   subsection   (B),   except   that  the  minimum  20%
    delinquency payment shall be used;
         (b)  Prepare a notice of delinquency as provided  by
    paragraphs  (1)  and  (2)  of  subsection (C), except the
    notice shall state further that the order for withholding
    has not been entered by  the  court  and  the  conditions
    under which the order will be entered; and
         (c)  Serve   the  notice  of  delinquency  and  form
    petition to stay service as provided by paragraph (3)  of
    subsection  (C),  together  with  the  proposed order for
    withholding, which shall be marked "COPY ONLY".
    (3)  After 20 days following service  of  the  notice  of
delinquency  and  proposed  order for withholding, in lieu of
the provisions of  subsection  (E),  the  obligee  or  public
office  shall  file  with  the  Clerk of the Circuit Court an
affidavit, with a copy  of  the  notice  of  delinquency  and
proposed  order  for  withholding  attached  thereto, stating
that:
         (a)  The notice of delinquency  and  proposed  order
    for withholding have been served upon the obligor and the
    date on which service was effected;
         (b)  The  obligor  has  not filed a petition to stay
    service within 20 days of  service  of  such  notice  and
    order; and
         (c)  The  proposed  order for withholding accurately
    states the terms and amounts contained in the last  order
    for support.
    (4)  Upon  the  court's  satisfaction that the procedures
set forth in this subsection have been met,  it  shall  enter
the order for withholding.
    (5)  The  Clerk  shall  then  provide  to  the obligee or
public office a specially certified copy  of  the  order  for
withholding and the notice of delinquency indicating that the
preconditions for service have been met.
    (6)  The   obligee  or  public  office  shall  serve  the
specially certified copies of the order for  withholding  and
the  notice  of delinquency on the payor, its superintendent,
manager  or  other  agent  by  certified  mail  or   personal
delivery.   A  proof of service shall be filed with the Clerk
of the Circuit Court.
    (7)  If the  obligor  requests  in  writing  that  income
withholding  become effective prior to becoming delinquent in
payment of an amount equal to one month's support  obligation
pursuant  to the last order for support, or prior to becoming
30 days late in paying all or part of the order for  support,
the obligee or public office shall file an affidavit with the
Clerk  of  the  circuit  Court,  with  a  proposed  order for
withholding  attached,  stating  that  the   proposed   order
accurately states the terms and amounts contained in the last
order  for  support  and  the obligor's request for immediate
service.  The provisions of paragraphs  (4)  through  (6)  of
this   subsection  shall  apply,  except  that  a  notice  of
delinquency shall not be required.
    (8)  All  other  provisions  of  this  Section  shall  be
applicable with respect to the provisions of this  subsection
(K),  except  that under paragraph (1) of subsection (H), the
court may also amend the proposed order  for  withholding  to
conform to the last order for support.
    (9)  Nothing  in  this  subsection  shall be construed as
limiting the requirements of paragraph (1) of subsection  (B)
with respect to the entry of a separate order for withholding
upon entry of any order for support.

(L)  Remedies in Addition to Other Laws.
    (1)  The  rights,  remedies, duties and penalties created
by this Section are in addition to and  not  in  substitution
for  any other rights, remedies, duties and penalties created
by any other law.
    (2)  Nothing  in  this  Section  shall  be  construed  as
invalidating any assignment of  wages  or  benefits  executed
prior to January 1, 1984.
(Source: P.A.  87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)

    (Text of Section after amendment by P.A. 89-507)
    Sec. 4.1.  Withholding of Income  to  Secure  Payment  of
Support.

(A)  Definitions.
    (1)  "Order  for  support"  means  any order of the court
which provides for periodic payment of funds for the  support
of  a  child or maintenance of a spouse, whether temporary or
final, and includes any such order which provides for:
         (a)  Modification or resumption of,  or  payment  of
    arrearage accrued under, a previously existing order;
         (b)  Reimbursement of support; or
         (c)  Enrollment  in  a health insurance plan that is
    available to the obligor through  an  employer  or  labor
    union or trade union.
    (2)  "Arrearage" means the total amount of unpaid support
obligations.
    (3)  "Delinquency"  means  any payment under an order for
support which becomes due and remains unpaid after  an  order
for withholding has been entered under subsection (B) or, for
purposes  of subsection (K), after the last order for support
was entered for which no order for withholding was entered.
    (4)  "Income" means any form of periodic  payment  to  an
individual,  regardless of source, including, but not limited
to: wages, salary, commission, compensation as an independent
contractor, workers' compensation,  disability,  annuity  and
retirement   benefits,   lottery   prize   awards,  insurance
proceeds, vacation pay, bonuses, profit-sharing payments  and
any  other  payments,  made  by  any  person, private entity,
federal or state government, any unit  of  local  government,
school district or any entity created by Public Act; however,
"income" excludes:
         (a)  Any  amounts  required  by  law to be withheld,
    other than creditor claims, including,  but  not  limited
    to,  federal,  State and local taxes, Social Security and
    other retirement and disability contributions;
         (b)  Union dues;
         (c)  Any amounts exempted by  the  federal  Consumer
    Credit Protection Act;
         (d)  Public assistance payments; and
         (e)  Unemployment   insurance   benefits  except  as
    provided by law.
    Any other State or  local  laws  which  limit  or  exempt
income  or  the  amount  or  percentage of income that can be
withheld shall not apply.
    (5)  "Obligor" means the individual who owes  a  duty  to
make payments under an order for support.
    (6)  "Obligee"  means  the  individual  to whom a duty of
support is owed or the individual's legal representative.
    (7)  "Payor" means any payor of income to an obligor.
    (8)  "Public office" means any elected  official  or  any
State  or  local agency which is or may become responsible by
law for enforcement of, or which is or may become  authorized
to  enforce, an order for support, including, but not limited
to: the Attorney General, the Illinois Department  of  Public
Aid,  the Illinois Department of Human Services, the Illinois
Department of Children and Family Services, and  the  various
State's   Attorneys,   Clerks   of   the  Circuit  Court  and
supervisors of general assistance.
    (9)  "Premium" means the  dollar  amount  for  which  the
obligor  is  liable  to  his employer or labor union or trade
union and which must be paid to enroll or maintain a child in
a health insurance plan that  is  available  to  the  obligor
through an employer or labor union or trade union.

(B)  Entry of an Order for Withholding.
    (1)  Upon  entry  of  any  order  for support on or after
January 1, 1984, the court shall enter a separate  order  for
withholding  which  shall  not take effect unless the obligor
becomes delinquent in paying the order  for  support  or  the
obligor  requests  an earlier effective date; except that the
court may require the order for withholding  to  take  effect
immediately.
    On  or after January 1, 1989, the court shall require the
order for withholding to take effect  immediately,  unless  a
written  agreement  is  reached  between  and  signed by both
parties providing for an  alternative  arrangement,  approved
and  entered  into  the  record  by  the court, which insures
payment of support.  In that case, the court shall enter  the
order  for  withholding which will not take effect unless the
obligor becomes delinquent in paying the order for support.
    Upon entry of any order of support on or after  September
11,  1989, if the obligor is not a United States citizen, the
obligor shall  provide  to  the  court  the  obligor's  alien
registration  number,  passport  number,  and  home country's
social security or national health number, if applicable; the
court shall make the information part of the  record  in  the
case.
    (2)  An  order  for  withholding  shall  be  entered upon
petition by the obligee or public office where an  order  for
withholding has not been previously entered.
    (3)  The order for withholding shall:
         (a)  Direct  any  payor  to withhold a dollar amount
    equal to the order for support; and
         (b)  Direct any  payor  to  withhold  an  additional
    dollar  amount,  not  less  than  20%  of  the  order for
    support, until payment in full of any delinquency  stated
    in  the  notice of delinquency provided for in subsection
    (C) or (F) of this Section; and
         (c)  Direct any payor or labor union or trade  union
    to  enroll a child as a beneficiary of a health insurance
    plan and withhold or cause to be withheld, if applicable,
    any required premiums; and
         (d)  State the rights, remedies and  duties  of  the
    obligor under this Section; and
         (e)  Include  the  obligor's Social Security Number,
    which the obligor shall disclose to the court; and
         (f)  Include the date that withholding  for  current
    support   terminates,   which   shall   be  the  date  of
    termination of the current support obligation  set  forth
    in the order for support.
    (4)  At  the  time  the order for withholding is entered,
the Clerk of the Circuit Court shall provide a  copy  of  the
order  for  withholding  and  the  order  for  support to the
obligor and shall make copies available to  the  obligee  and
public  office.   Any  copy  of  the  order  for  withholding
furnished  to  the  parties  under  this  subsection shall be
stamped "Not Valid".
    (5)  The order for withholding shall remain in effect for
as long as the order for support upon which it is based.
    (6)  The failure of an order for withholding to state  an
arrearage  is  not  conclusive  of  the  issue  of whether an
arrearage is owing.
    (7)  Notwithstanding the provisions of  this  subsection,
if  the  court  finds  at  the  time  of  any hearing that an
arrearage has accrued in an amount  equal  to  at  least  one
month's  support  obligation  or  that the obligor is 30 days
late in paying all or part of  the  order  for  support,  the
court   shall  order  immediate  service  of  the  order  for
withholding upon the payor.
    (8)  Where the court has not required that the order  for
withholding  take  effect  immediately, the obligee or public
office  may  prepare  and  serve  a  notice   for   immediate
withholding  upon  the  obligor by ordinary mail addressed to
the obligor at his or her last  known  address.   The  notice
shall state that the following circumstances have occurred:
         (a)  The  parties'  written  agreement  providing an
    alternative arrangement to  immediate  withholding  under
    paragraph  (1)  of this subsection no longer provides for
    timely payment of all support due; or
         (b)  The obligor has not  made  timely  payments  in
    that  the obligor has been at least 7 days late in paying
    all or part of the order for support any of  the  last  6
    consecutive  dates payments were due prior to the date of
    the notice for immediate withholding.
    The notice for immediate withholding shall clearly  state
that  a specially certified copy of the order for withholding
will be sent  to  the  payor,  unless  the  obligor  files  a
petition  contesting  immediate  withholding  within  20 days
after service of the notice; however,  the  grounds  for  the
petition shall be limited to a dispute concerning whether the
circumstances  stated  in  the  notice  have  occurred or the
identity of the obligor.  It shall not  be  grounds  for  the
petition  that  the  obligor has made all payments due by the
date of the petition.
    If the obligor  files  a  petition  contesting  immediate
withholding  within  the  20-day  period  required under this
paragraph, the Clerk of the Circuit Court  shall  notify  the
obligor  and the obligee or public office, as appropriate, of
the time and place of the  hearing  on  the  petition.   Upon
hearing the petition, the court shall enter an order granting
or  denying relief.  It shall not be grounds for granting the
obligor's petition that he or she has made all  payments  due
by  the  date  of hearing.  If the court denies the obligor's
petition, it shall order immediate service of the  order  for
withholding,  and  direct  the  clerk  to provide a specially
certified copy of the order for withholding to the obligee or
public office indicating that the requirements for  immediate
withholding under this paragraph have been met.
    If  the  obligor  does  not  file  a  petition contesting
immediate withholding within the 20-day period,  the  obligee
or  public  office  shall  file with the Clerk of the Circuit
Court an affidavit, with a copy of the notice  for  immediate
withholding  attached  thereto,  stating  that the notice was
duly served and the date on which service was  effected,  and
that   the  obligor  has  not  filed  a  petition  contesting
immediate withholding.  The clerk shall then provide  to  the
obligee  or  public  office a specially certified copy of the
order for withholding indicating that  the  requirements  for
immediate withholding under this paragraph have been met.
    Upon  receipt  of a specially certified copy of the order
for withholding, the obligee or public office may  serve  the
order  on  the  payor,  its  superintendent, manager or other
agent, by certified mail or personal delivery.   A  proof  of
service shall be filed with the Clerk of the Circuit Court.

(C)  Notice of Delinquency.
    (1)  Whenever an obligor becomes delinquent in payment of
an  amount  equal  to at least one month's support obligation
pursuant to the order for support or is at least 30 days late
in complying with all or  part  of  the  order  for  support,
whichever  occurs  first,  the  obligee  or public office may
prepare and serve a verified notice of delinquency,  together
with  a  form petition to stay service, pursuant to paragraph
(3) of this subsection.
    (2)  The notice of delinquency shall recite the terms  of
the order for support and contain a computation of the period
and  total  amount  of the delinquency, as of the date of the
notice.  The notice shall clearly state that it will be  sent
to the payor, together with a specially certified copy of the
order  for withholding, except as provided in subsection (F),
unless the obligor  files  a  petition  to  stay  service  in
accordance with paragraph (1) of subsection (D).
    (3)  The   notice  of  delinquency  shall  be  served  by
ordinary mail addressed to the obligor at  his  or  her  last
known address.
    (4)  The  obligor  may  execute  a  written waiver of the
provisions of paragraphs (1) through (3) of  this  subsection
and request immediate service upon the payor.

(D)  Procedures to Avoid Income Withholding.
    (1)  Except  as  provided  in subsection (F), the obligor
may prevent an order for withholding  from  being  served  by
filing  a  petition  to  stay  service  with the Clerk of the
Circuit Court, within 20 days after service of the notice  of
delinquency;  however,  the  grounds for the petition to stay
service shall be limited to:
         (a)  A dispute  concerning  the  amount  of  current
    support or the existence or amount of the delinquency;
         (b)  The identity of the obligor.
    The  Clerk  of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition to stay service. The
court shall hold such hearing pursuant to the  provisions  of
subsection (H).
    (2)  Except  as  provided  in subsection (F), filing of a
petition to stay service, within the 20-day  period  required
under  this  subsection, shall prohibit the obligee or public
office from serving the order for withholding on any payor of
the obligor.

(E)  Initial Service of Order for Withholding.
    (1)  Except as provided in subsection (F),  in  order  to
serve  an  order  for withholding upon a payor, an obligee or
public office shall follow the procedures set forth  in  this
subsection.  After 20 days following service of the notice of
delinquency, the obligee or public office shall file with the
Clerk of the Circuit Court an affidavit, with the copy of the
notice of delinquency attached thereto, stating:
         (a)  that  the  notice  of delinquency has been duly
    served and the date on which service was effected; and
         (b)  that the obligor has not filed  a  petition  to
    stay service, or in the alternative
         (c)  that  the  obligor has waived the provisions of
    subparagraphs (a)  and  (b)  of  this  paragraph  (1)  in
    accordance with subsection (C)(4).
    (2)  Upon  request  of  the obligee or public office, the
Clerk of the Circuit Court  shall:  (a)  make  available  any
record of payment; and (b) determine that the file contains a
copy  of  the affidavit described in paragraph (1). The Clerk
shall  then  provide  to  the  obligee  or  public  office  a
specially certified copy of the order for withholding and the
notice of delinquency indicating that the  preconditions  for
service have been met.
    (3)  The  obligee  or  public  office  may then serve the
notice of delinquency and order for withholding on the payor,
its superintendent, manager or other  agent,  by  regular  or
certified  mail  or  facsimile personal delivery.  A proof of
service shall be filed with the Clerk of the Circuit Court.

(F)  Subsequent Service of Order for Withholding.
    (1)  Notwithstanding the provisions of this  Section,  at
any  time after the court has ordered immediate service of an
order for withholding or after initial service  of  an  order
for  withholding  pursuant  to subsection (E), the obligee or
public office may serve the order for  withholding  upon  any
payor  of  the obligor without further notice to the obligor.
The obligee or public office  shall  provide  notice  to  the
payor,  pursuant  to  paragraph (6) of subsection (I), of any
payments that have been made through previous withholding  or
any other method.
    (2)  The  Clerk of the Circuit Court shall, upon request,
provide the obligee or public office with specially certified
copies  of  the  order  for  withholding  or  the  notice  of
delinquency or both whenever the Court has ordered  immediate
service  of an order for withholding or an affidavit has been
placed in the court file indicating  that  the  preconditions
for  service have been previously met.  The obligee or public
office may then serve the order for withholding on the payor,
its superintendent, manager or  other  agent  by  regular  or
certified  mail  or  facsimile personal delivery.  A proof of
service shall be filed with the Clerk of the Circuit Court.
    (3)  If a delinquency has accrued  for  any  reason,  the
obligee  or  public  office may serve a notice of delinquency
upon the obligor pursuant to subsection (C).  The obligor may
prevent the notice of delinquency from being served upon  the
payor  by  utilizing  the  procedures set forth in subsection
(D).
    If no petition to stay service has been filed within  the
required 20 day time period, the obligee or public office may
serve the notice of delinquency on the payor by utilizing the
procedures for service set forth in subsection (E).
    (4)  New  service  of  an  order  for  withholding is not
required in order to resume withholding of income in the case
of an obligor with respect to whom an order  for  withholding
was  previously  served on the payor if withholding of income
was terminated because of an interruption  in  the  obligor's
employment of less than 180 days.

(G)  Duties of Payor.
    (1)  It  shall  be  the  duty  of  any payor who has been
served with a copy  of  the  specially  certified  order  for
withholding  and  any notice of delinquency to deduct and pay
over income as provided in this subsection.  The payor  shall
deduct the amount designated in the order for withholding, as
supplemented  by  the  notice  of  delinquency and any notice
provided  pursuant  to  paragraph  (6)  of  subsection   (I),
beginning  no  later than the next payment of income which is
payable to the obligor that occurs 14 days following the date
the order and any notice were mailed  by  certified  mail  or
placed  for  personal  delivery.   The  payor may combine all
amounts withheld for the benefit  of  an  obligee  or  public
office  into a single payment and transmit the payment with a
listing of obligors from whom withholding has been  effected.
The  payor  shall  pay  the amount withheld to the obligee or
public office within 10 calendar days of the date  income  is
paid  to  the  obligor  in  accordance  with  the  order  for
withholding and any subsequent notification received from the
public  office  redirecting  payments. If the payor knowingly
fails to pay any amount withheld to  the  obligee  or  public
office  within 10 calendar days of the date income is paid to
the obligor, the payor shall pay a penalty of $100  for  each
day  that  the  withheld amount is not paid to the obligee or
public office after  the  period  of  10  calendar  days  has
expired.   The failure of a payor, on more than one occasion,
to pay amounts withheld  to  the  obligee  or  public  office
within  10  calendar  days  of the date income is paid to the
obligor creates a presumption that the payor knowingly failed
to pay the amounts.  This penalty may be collected in a civil
action which may be brought against the payor in favor of the
obligee. A finding of a  payor's  nonperformance  within  the
time  required  under  this  Section  must be documented by a
certified mail return receipt showing the date the order  for
withholding  was  served  on  the payor. For purposes of this
Section, a withheld amount shall  be  considered  paid  by  a
payor  on  the date it is mailed by the payor, or on the date
an electronic funds transfer of the amount has been initiated
by the payor, or on the date delivery of the amount has  been
initiated  by  the payor. For each deduction, the payor shall
provide  the  obligee  or  public  office,  at  the  time  of
transmittal, with the date income was paid from which support
was withheld.
    Upon receipt of an order requiring that a minor child  be
named  as  a beneficiary of a health insurance plan available
through an employer  or  labor  union  or  trade  union,  the
employer  or  labor  union  or  trade union shall immediately
enroll the  minor  child  as  a  beneficiary  in  the  health
insurance  plan  designated  by the court order. The employer
shall withhold any required premiums and pay over any amounts
so withheld and any additional amounts the employer  pays  to
the  insurance  carrier  in a timely manner.  The employer or
labor union or trade union shall mail to the obligee,  within
15  days of enrollment or upon request, notice of the date of
coverage, information on the dependent coverage plan, and all
forms necessary to obtain reimbursement  for  covered  health
expenses,  such as would be made available to a new employee.
When an order for dependent coverage is  in  effect  and  the
insurance  coverage  is terminated or changed for any reason,
the employer or labor union or trade union shall  notify  the
obligee  within  10  days  of  the termination or change date
along with notice of conversion privileges.
    For withholding of income, the payor shall be entitled to
receive a fee not to exceed $5 per month or the actual  check
processing cost to be taken from the income to be paid to the
obligor.
    (2)  Whenever  the  obligor is no longer receiving income
from the payor, the payor shall return a copy  of  the  order
for  withholding  to  the  obligee or public office and shall
provide  information  for  the  purpose  of  enforcing   this
Section.
    (3)  Withholding  of  income  under this Section shall be
made without regard to any prior or subsequent  garnishments,
attachments,   wage  assignments,  or  any  other  claims  of
creditors.  Withholding of income under  this  Section  shall
not  be  in excess of the maximum amounts permitted under the
federal Consumer Credit Protection Act. If the payor has been
served with more than one order for withholding pertaining to
the same obligor, the payor shall allocate  income  available
for  withholding  on  a  proportionate  share  basis,  giving
priority to current support payments.  If there is any income
available  for  withholding after withholding for all current
support obligations, the payor shall allocate the  income  to
past  due  support  payments  ordered in non-AFDC matters and
then to past due support payments ordered  in  AFDC  matters,
both  on  a proportionate share basis. Payment as required by
the order for withholding shall be a complete defense by  the
payor  against  any claims of the obligor or his creditors as
to the sum so paid.
    (4)  No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor  because  of  the  duty  to
withhold income.

(H)  Petitions  to  Stay  Service  or  to  Modify, Suspend or
Terminate Orders for Withholding.
    (1)  When an obligor files a petition  to  stay  service,
the  court,  after  due notice to all parties, shall hear the
matter as soon  as  practicable  and  shall  enter  an  order
granting   or   denying   relief,   amending  the  notice  of
delinquency,  amending  the  order  for  withholding,   where
applicable,  or otherwise resolving the matter.  If the court
finds  that  a  delinquency  existed  when  the   notice   of
delinquency  was  served upon the obligor, in an amount of at
least one month's support obligation, or that the obligor was
at least 30 days late in paying all or part of the order  for
support, the court shall order immediate service of the order
for withholding.  Where the court cannot promptly resolve any
dispute  over  the  amount  of the delinquency, the court may
order immediate service of the order for  withholding  as  to
any  undisputed  amounts  specified  in  an amended notice of
delinquency, and may continue the  hearing  on  the  disputed
amounts.
    (2)  At  any  time, an obligor, obligee, public office or
Clerk of the Circuit Court may petition the court to:
         (a)  Modify, suspend  or  terminate  the  order  for
    withholding  because  of  a  modification,  suspension or
    termination of the underlying order for support; or
         (b)  Modify the amount of income to be  withheld  to
    reflect  payment in full or in part of the delinquency or
    arrearage by income withholding or otherwise; or
         (c)  Suspend the order for  withholding  because  of
    inability  to  deliver income withheld to the obligee due
    to the obligee's failure to provide a mailing address  or
    other means of delivery.
    (3)  The obligor, obligee or public office shall serve on
the  payor, by certified mail or personal delivery, a copy of
any order entered pursuant to this  subsection  that  affects
the duties of the payor.
    (4)  At any time, a public office or Clerk of the Circuit
Court may serve a notice on the payor to:
         (a)  cease  withholding  of  income  for  payment of
    current support for a child when the  support  obligation
    for  that  child has automatically ceased under the order
    for support through emancipation or otherwise; or
         (b)  cease withholding  of  income  for  payment  of
    delinquency   or   arrearage   when  the  delinquency  or
    arrearage has been paid in full.
    (5)  The notice provided for under paragraph (4) of  this
subsection shall be served on the payor by ordinary mail, and
a  copy  shall be provided to the obligor and the obligee.  A
copy of the notice shall be  filed  with  the  Clerk  of  the
Circuit Court.
    (6)  The  order  for  withholding  shall  continue  to be
binding upon the payor until service  of  any  order  of  the
court   or   notice   entered  or  provided  for  under  this
subsection.

(I)  Additional Duties.
    (1)  An  obligee  who  is  receiving  income  withholding
payments under this Section shall notify the  payor,  if  the
obligee receives the payments directly from the payor, or the
public   office  or  the  Clerk  of  the  Circuit  Court,  as
appropriate, of any change of address within 7 days  of  such
change.
    (2)  An  obligee  who  is a recipient of public aid shall
send a copy of any notice of delinquency  filed  pursuant  to
subsection (C) to the Bureau of Child Support of the Illinois
Department of Public Aid.
    (3)  Each  obligor shall notify the obligee and the Clerk
of the Circuit Court of any change of address within 7 days.
    (4)  An obligor whose income is being withheld or who has
been served with a notice of  delinquency  pursuant  to  this
Section shall notify the obligee and the Clerk of the Circuit
Court of any new payor, within 7 days.
    (5)  When  the  Illinois  Department  of Public Aid is no
longer authorized to receive payments  for  the  obligee,  it
shall, within 7 days, notify the payor or, where appropriate,
the   Clerk   of   the  Circuit  Court,  to  redirect  income
withholding payments to the obligee.
    (6)  The obligee or public office shall provide notice to
the payor and Clerk of the Circuit Court of any other support
payment made, including but not limited to, a  set-off  under
federal  and  State law or partial payment of the delinquency
or arrearage, or both.
    (7)  Any public office and Clerk  of  the  Circuit  Court
which  collects,  disburses  or receives payments pursuant to
orders for withholding shall maintain complete, accurate, and
clear  records  of  all  payments  and  their  disbursements.
Certified copies of payment records maintained  by  a  public
office  or  Clerk of the Circuit Court shall, without further
proof, be admitted into evidence  in  any  legal  proceedings
under this Section.
    (8)  The  Illinois  Department of Public Aid shall design
suggested legal forms for proceeding under this  Section  and
shall   make   available   to   the  courts  such  forms  and
informational materials which  describe  the  procedures  and
remedies  set forth herein for distribution to all parties in
support actions.
    (9)  At the time of transmitting  each  support  payment,
the  clerk  of the circuit court shall provide the obligee or
public office, as appropriate, with any information furnished
by the payor as to the date income was paid from  which  such
support was withheld.
(J)  Penalties.
    (1)  Where a payor wilfully fails to withhold or pay over
income  pursuant  to  a  properly served, specially certified
order for withholding  and  any  notice  of  delinquency,  or
wilfully   discharges,   disciplines,   refuses  to  hire  or
otherwise penalizes an obligor as  prohibited  by  subsection
(G),  or otherwise fails to comply with any duties imposed by
this Section, the  obligee,  public  office  or  obligor,  as
appropriate,  may file a complaint with the court against the
payor.  The clerk of  the  circuit  court  shall  notify  the
obligee or public office, as appropriate, and the obligor and
payor  of the time and place of the hearing on the complaint.
The court shall resolve any factual  dispute  including,  but
not limited to, a denial that the payor is paying or has paid
income  to  the  obligor.   Upon  a  finding  in favor of the
complaining party, the court:
         (a)  Shall enter judgment and direct the enforcement
    thereof for the total  amount  that  the  payor  wilfully
    failed to withhold or pay over; and
         (b)  May  order  employment  or  reinstatement of or
    restitution to the obligor, or both,  where  the  obligor
    has  been  discharged,  disciplined, denied employment or
    otherwise penalized by the payor and may  impose  a  fine
    upon the payor not to exceed $200.
    (2)  Any  obligee,  public office or obligor who wilfully
initiates a  false  proceeding  under  this  Section  or  who
wilfully  fails  to  comply  with  the  requirements  of this
Section shall be punished as in cases of contempt of court.

(K)  Alternative Procedures for Entry and Service of an Order
for Withholding.
    (1)  Effective January 1, 1987, in any matter in which an
order for withholding has not been entered  for  any  reason,
based  upon the last order for support that has been entered,
and in which the obligor has become delinquent in payment  of
an  amount  equal  to at least one month's support obligation
pursuant to the last order for support or is at least 30 days
late in complying with all or part of the order for  support,
the  obligee  or public office may prepare and serve an order
for withholding pursuant to the procedures set forth in  this
subsection.
    (2)  The obligee or public office shall:
         (a)  Prepare  a  proposed  order for withholding for
    immediate service as provided by paragraphs (1)  and  (3)
    of   subsection   (B),   except   that  the  minimum  20%
    delinquency payment shall be used;
         (b)  Prepare a notice of delinquency as provided  by
    paragraphs  (1)  and  (2)  of  subsection (C), except the
    notice shall state further that the order for withholding
    has not been entered by  the  court  and  the  conditions
    under which the order will be entered; and
         (c)  Serve   the  notice  of  delinquency  and  form
    petition to stay service as provided by paragraph (3)  of
    subsection  (C),  together  with  the  proposed order for
    withholding, which shall be marked "COPY ONLY".
    (3)  After 20 days following service  of  the  notice  of
delinquency  and  proposed  order for withholding, in lieu of
the provisions of  subsection  (E),  the  obligee  or  public
office  shall  file  with  the  Clerk of the Circuit Court an
affidavit, with a copy  of  the  notice  of  delinquency  and
proposed  order  for  withholding  attached  thereto, stating
that:
         (a)  The notice of delinquency  and  proposed  order
    for withholding have been served upon the obligor and the
    date on which service was effected;
         (b)  The  obligor  has  not filed a petition to stay
    service within 20 days of  service  of  such  notice  and
    order; and
         (c)  The  proposed  order for withholding accurately
    states the terms and amounts contained in the last  order
    for support.
    (4)  Upon  the  court's  satisfaction that the procedures
set forth in this subsection have been met,  it  shall  enter
the order for withholding.
    (5)  The  Clerk  shall  then  provide  to  the obligee or
public office a specially certified copy  of  the  order  for
withholding and the notice of delinquency indicating that the
preconditions for service have been met.
    (6)  The   obligee  or  public  office  shall  serve  the
specially certified copies of the order for  withholding  and
the  notice  of delinquency on the payor, its superintendent,
manager  or  other  agent  by  certified  mail  or   personal
delivery.   A  proof of service shall be filed with the Clerk
of the Circuit Court.
    (7)  If the  obligor  requests  in  writing  that  income
withholding  become effective prior to becoming delinquent in
payment of an amount equal to one month's support  obligation
pursuant  to the last order for support, or prior to becoming
30 days late in paying all or part of the order for  support,
the obligee or public office shall file an affidavit with the
Clerk  of  the  circuit  Court,  with  a  proposed  order for
withholding  attached,  stating  that  the   proposed   order
accurately states the terms and amounts contained in the last
order  for  support  and  the obligor's request for immediate
service.  The provisions of paragraphs  (4)  through  (6)  of
this   subsection  shall  apply,  except  that  a  notice  of
delinquency shall not be required.
    (8)  All  other  provisions  of  this  Section  shall  be
applicable with respect to the provisions of this  subsection
(K),  except  that under paragraph (1) of subsection (H), the
court may also amend the proposed order  for  withholding  to
conform to the last order for support.
    (9)  Nothing  in  this  subsection  shall be construed as
limiting the requirements of paragraph (1) of subsection  (B)
with respect to the entry of a separate order for withholding
upon entry of any order for support.

(L)  Remedies in Addition to Other Laws.
    (1)  The  rights,  remedies, duties and penalties created
by this Section are in addition to and  not  in  substitution
for  any other rights, remedies, duties and penalties created
by any other law.
    (2)  Nothing  in  this  Section  shall  be  construed  as
invalidating any assignment of  wages  or  benefits  executed
prior to January 1, 1984.
(Source: P.A.  88-26;  88-45;  88-94; 88-131; 88-307; 88-670,
eff. 12-2-94; 89-507, eff. 7-1-97.)

    Section  93.  The Revised Uniform Reciprocal  Enforcement
of  Support  Act  is  amended  by  changing  Section  26.1 as
follows:

    (750 ILCS 20/26.1) (from Ch. 40, par. 1226.1)
    (Text of Section before amendment by P.A. 89-507)
    Sec. 26.1.  Withholding of Income to  Secure  Payment  of
Support.

(A)  Definitions.
    (1)  "Order  for  support"  means  any order of the court
which provides for periodic payment of funds for the  support
of  a  child or maintenance of a spouse, whether temporary or
final, and includes any such order which provides for:
         (a)  modification or resumption of,  or  payment  of
    arrearage accrued under, a previously existing order;
         (b)  reimbursement of support; or
         (c)  enrollment  in  a health insurance plan that is
    available to the obligor through  an  employer  or  labor
    union or trade union.
    (2)  "Arrearage" means the total amount of unpaid support
obligations.
    (3)  "Delinquency"  means  any payment under an order for
support which becomes due and remains unpaid after  an  order
for withholding has been entered under subsection (B) or, for
purposes  of subsection (K), after the last order for support
was entered for which no order for withholding was entered.
    (4)  "Income" means any form of periodic  payment  to  an
individual,  regardless of source, including, but not limited
to: wages, salary, commission, compensation as an independent
contractor, workers' compensation,  disability,  annuity  and
retirement   benefits,   lottery   prize   awards,  insurance
proceeds, vacation pay, bonuses, profit-sharing payments  and
any  other  payments,  made  by  any  person, private entity,
federal or state government, any unit  of  local  government,
school district or any entity created by Public Act; however,
"income" excludes:
         (a)  any  amounts  required  by  law to be withheld,
    other than creditor claims, including,  but  not  limited
    to,  federal,  State and local taxes, Social Security and
    other retirement and disability contributions;
         (b)  union dues;
         (c)  any amounts exempted by  the  federal  Consumer
    Credit Protection Act;
         (d)  public assistance payments; and
         (e)  unemployment   insurance   benefits  except  as
    provided by law.
    Any other State or  local  laws  which  limit  or  exempt
income  or  the  amount  or  percentage of income that can be
withheld shall not apply.
    (5)  "Obligor" means the individual who owes  a  duty  to
make payments under an order for support.
    (6)  "Obligee"  means  the  individual  to whom a duty of
support is owed or the individual's legal representative.
    (7)  "Payor" means any payor of income to an obligor.
    (8)  "Public office" means any elected  official  or  any
State  or  local agency which is or may become responsible by
law for enforcement of, or which is or may become  authorized
to  enforce, an order for support, including, but not limited
to: the Attorney General, the Illinois Department  of  Public
Aid,   the   Illinois   Department   of   Mental  Health  and
Developmental  Disabilities,  the  Illinois   Department   of
Children   and  Family  Services,  and  the  various  State's
Attorneys, Clerks of the Circuit  Court  and  supervisors  of
general assistance.
    (9)  "Premium"  means  the  dollar  amount  for which the
obligor is liable to his employer or  labor  union  or  trade
union and which must be paid to enroll or maintain a child in
a  health  insurance  plan  that  is available to the obligor
through an employer or labor union or trade union.

(B)  Entry of an Order for Withholding.
    (1)  Upon entry of any order  for  support  on  or  after
January  1,  1984, the court shall enter a separate order for
withholding which shall not take effect  unless  the  obligor
becomes  delinquent  in  paying  the order for support or the
obligor requests an earlier effective date; except  that  the
court  may  require  the order for withholding to take effect
immediately.
    On or after January 1, 1989, the court shall require  the
order  for  withholding  to take effect immediately, unless a
written agreement is  reached  between  and  signed  by  both
parties  providing  for  an alternative arrangement, approved
and entered into the  record  by  the  court,  which  insures
payment  of support.  In that case, the court shall enter the
order for withholding which will not take effect  unless  the
obligor becomes delinquent in paying the order for support.
    Upon  entry of any order of support on or after September
11, 1989, if the obligor is not a United States citizen,  the
obligor  shall  provide  to  the  court  the  obligor's alien
registration number,  passport  number,  and  home  country's
social security or national health number, if applicable; the
court  shall  make  the information part of the record in the
case.
    (2)  An order  for  withholding  shall  be  entered  upon
petition  by  the obligee or public office where an order for
withholding has not been previously entered.
    (3)  The order for withholding shall:
         (a)  direct any payor to withhold  a  dollar  amount
    equal to the order for support; and
         (b)  direct  any  payor  to  withhold  an additional
    dollar amount,  not  less  than  20%  of  the  order  for
    support,  until payment in full of any delinquency stated
    in the notice of delinquency provided for  in  subsection
    (C) or (F) of this Section; and
         (c)  direct  any payor or labor union or trade union
    to enroll a child as a beneficiary of a health  insurance
    plan and withhold or cause to be withheld, if applicable,
    any required premiums; and
         (d)  state  the  rights,  remedies and duties of the
    obligor under this Section; and
         (e)  include the obligor's Social  Security  Number,
    which the obligor shall disclose to the court; and
         (f)  include  the  date that withholding for current
    support  terminates,  which  shall   be   the   date   of
    termination  of  the current support obligation set forth
    in the order for support.
    (4)  At the time the order for  withholding  is  entered,
the  Clerk  of  the Circuit Court shall provide a copy of the
order for withholding  and  the  order  for  support  to  the
obligor  and  shall  make copies available to the obligee and
public  office.   Any  copy  of  the  order  for  withholding
furnished to the  parties  under  this  subsection  shall  be
stamped "Not Valid".
    (5)  The order for withholding shall remain in effect for
as long as the order for support upon which it is based.
    (6)  The  failure of an order for withholding to state an
arrearage is not  conclusive  of  the  issue  of  whether  an
arrearage is owing.
    (7)  Notwithstanding  the  provisions of this subsection,
if the court finds  at  the  time  of  any  hearing  that  an
arrearage  has  accrued  in  an  amount equal to at least one
month's support obligation or that the  obligor  is  30  days
late  in  paying  all  or  part of the order for support, the
court  shall  order  immediate  service  of  the  order   for
withholding upon the payor.
    (8)  Where  the court has not required that the order for
withholding take effect immediately, the  obligee  or  public
office   may   prepare  and  serve  a  notice  for  immediate
withholding upon the obligor by ordinary  mail  addressed  to
the  obligor  at  his  or her last known address.  The notice
shall state that the following circumstances have occurred:
         (a)  The parties'  written  agreement  providing  an
    alternative  arrangement  to  immediate withholding under
    paragraph (1) of this subsection no longer  provides  for
    timely payment of all support due; or
         (b)  The  obligor  has  not  made timely payments in
    that the obligor has been at least 7 days late in  paying
    all  or  part  of the order for support any of the last 6
    consecutive dates payments were due prior to the date  of
    the notice for immediate withholding.
    The  notice for immediate withholding shall clearly state
that a specially certified copy of the order for  withholding
will  be  sent  to  the  payor,  unless  the  obligor files a
petition contesting  immediate  withholding  within  20  days
after  service  of  the  notice; however, the grounds for the
petition shall be limited to a dispute concerning whether the
circumstances stated in  the  notice  have  occurred  or  the
identity  of  the  obligor.   It shall not be grounds for the
petition that the obligor has made all payments  due  by  the
date of the petition.
    If  the  obligor  files  a  petition contesting immediate
withholding within the  20-day  period  required  under  this
paragraph,  the  Clerk  of the Circuit Court shall notify the
obligor and the obligee or public office, as appropriate,  of
the  time  and  place  of  the hearing on the petition.  Upon
hearing the petition, the court shall enter an order granting
or denying relief.  It shall not be grounds for granting  the
obligor's  petition  that he or she has made all payments due
by the date of hearing.  If the court  denies  the  obligor's
petition,  it  shall order immediate service of the order for
withholding and direct  the  clerk  to  provide  a  specially
certified copy of the order for withholding to the obligee or
public  office indicating that the requirements for immediate
withholding under this paragraph have been met.
    If the  obligor  does  not  file  a  petition  contesting
immediate  withholding  within the 20-day period, the obligee
or public office shall file with the  Clerk  of  the  Circuit
Court  an  affidavit, with a copy of the notice for immediate
withholding attached thereto, stating  that  the  notice  was
duly  served  and the date on which service was effected, and
that  the  obligor  has  not  filed  a  petition   contesting
immediate  withholding.   The clerk shall then provide to the
obligee or public office a specially certified  copy  of  the
order  for  withholding  indicating that the requirements for
immediate withholding under this paragraph have been met.
    Upon receipt of a specially certified copy of  the  order
for  withholding,  the obligee or public office may serve the
order on the payor,  its  superintendent,  manager  or  other
agent,  by  certified  mail or personal delivery.  A proof of
service shall be filed with the Clerk of the Circuit Court.
(C)  Notice of Delinquency.
    (1)  Whenever an obligor becomes delinquent in payment of
an amount equal to at least one  month's  support  obligation
pursuant to the order for support or is at least 30 days late
in  complying  with  all  or  part  of the order for support,
whichever occurs first, the  obligee  or  public  office  may
prepare  and serve a verified notice of delinquency, together
with a form petition to stay service, pursuant  to  paragraph
(3) of this subsection.
    (2)  The  notice of delinquency shall recite the terms of
the order for support and contain a computation of the period
and total amount of the delinquency, as of the  date  of  the
notice.   The notice shall clearly state that it will be sent
to the payor, together with a specially certified copy of the
order for withholding, except as provided in subsection  (F),
unless  the  obligor  files  a  petition  to  stay service in
accordance with paragraph (1) of subsection (D).
    (3)  The  notice  of  delinquency  shall  be  served   by
ordinary  mail  addressed  to  the obligor at his or her last
known address.
    (4)  The obligor may execute  a  written  waiver  of  the
provisions  of  paragraphs (1) through (3) of this subsection
and request immediate service upon the payor.

(D)  Procedures to Avoid Income Withholding.
    (1)  Except as provided in subsection  (F),  the  obligor
may  prevent  an  order  for withholding from being served by
filing a petition to stay  service  with  the  Clerk  of  the
Circuit  Court, within 20 days after service of the notice of
delinquency; however, the grounds for the  petition  to  stay
service  shall  be  limited  to a dispute concerning: (a) the
amount of current support or the existence or amount  of  the
delinquency; or (b)  the identity of the obligor.
    The  Clerk  of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition to stay service. The
court shall hold such hearing pursuant to the  provisions  of
subsection (H).
    (2)  Except  as  provided  in subsection (F), filing of a
petition to stay service, within the 20-day  period  required
under  this  subsection, shall prohibit the obligee or public
office from serving the order for withholding on any payor of
the obligor.

(E)  Initial Service of Order for Withholding.
    (1)  Except as provided in subsection (F),  in  order  to
serve  an  order  for withholding upon a payor, an obligee or
public office shall follow the procedures set forth  in  this
subsection.  After 20 days following service of the notice of
delinquency, the obligee or public office shall file with the
Clerk of the Circuit Court an affidavit, with the copy of the
notice of delinquency attached thereto, stating:
         (a)  that  the  notice  of delinquency has been duly
    served and the date on which service was effected; and
         (b)  that the obligor has not filed  a  petition  to
    stay service, or in the alternative
         (c)  that  the  obligor has waived the provisions of
    subparagraphs (a)  and  (b)  of  this  paragraph  (1)  in
    accordance with subsection (C)(4).
    (2)  Upon  request  of  the obligee or public office, the
Clerk of the Circuit shall: (a) make available any record  of
payment;  and  (b) determine that the file contains a copy of
the affidavit described in paragraph (1).   The  Clerk  shall
then  provide  to  the  obligee  or public office a specially
certified copy of the order for withholding and the notice of
delinquency indicating that  the  preconditions  for  service
have been met.
    (3)  The  obligee  or  public  office  may then serve the
notice of delinquency and order for withholding on the payor,
its superintendent, manager or other  agent,  by  regular  or
certified  mail  or  facsimile personal delivery.  A proof of
service shall be filed with the Clerk of the Circuit Court.

(F)  Subsequent Service of Order for Withholding.
    (1)  Notwithstanding the provisions of this  Section,  at
any  time after the court has ordered immediate service of an
order for withholding or after initial service  of  an  order
for  withholding  pursuant  to subsection (E), the obligee or
public office may serve the order for  withholding  upon  any
payor  of  the obligor without further notice to the obligor.
The obligee or public office  shall  provide  notice  to  the
payor,  pursuant  to  paragraph (6) of subsection (I), of any
payments that have been made through previous withholding  or
any other method.
    (2)  The  Clerk of the Circuit Court shall, upon request,
provide the obligee or public office with specially certified
copies  of  the  order  for  withholding  or  the  notice  of
delinquency or both whenever the Court has ordered  immediate
service  of an order for withholding or an affidavit has been
placed in the court file indicating  that  the  preconditions
for  service have been previously met.  The obligee or public
office may then serve the order for withholding on the payor,
its superintendent, manager or  other  agent  by  regular  or
certified  mail  or  facsimile personal delivery.  A proof of
service shall be filed with the Clerk of the Circuit Court.
    (3)  If a delinquency has accrued  for  any  reason,  the
obligee  or  public  office may serve a notice of delinquency
upon the obligor pursuant to subsection (C).  The obligor may
prevent the notice of delinquency from being served upon  the
payor  by  utilizing  the  procedures set forth in subsection
(D). If no petition to stay service has been filed within the
required 20 day time period, the obligee or public office may
serve the notice of delinquency on the payor by utilizing the
procedures for service set forth in subsection (E).
    (4)  New service of  an  order  for  withholding  is  not
required in order to resume withholding of income in the case
of  an  obligor with respect to whom an order for withholding
was previously served on the payor if withholding  of  income
was  terminated  because  of an interruption in the obligor's
employment of less than 180 days.

(G)  Duties of Payor.
    (1)  It shall be the duty  of  any  payor  who  has  been
served  with  a  copy  of  the  specially certified order for
withholding and any notice of delinquency to deduct  and  pay
over  income as provided in this subsection.  The payor shall
deduct the amount designated in the order for withholding, as
supplemented by the notice  of  delinquency  and  any  notice
provided   pursuant  to  paragraph  (6)  of  subsection  (I),
beginning no later than the next payment of income  which  is
payable to the obligor that occurs 14 days following the date
the  order  and  any  notice were mailed by certified mail or
placed for personal delivery.   The  payor  may  combine  all
amounts  withheld  for  the  benefit  of an obligee or public
office into a single payment and transmit the payment with  a
listing  of obligors from whom withholding has been effected.
The payor shall pay the amount withheld  to  the  obligee  or
public  office  within 10 calendar days of the date income is
paid  to  the  obligor  in  accordance  with  the  order  for
withholding and any subsequent notification received from the
public office redirecting payments. If  the  payor  knowingly
fails  to  pay  any  amount withheld to the obligee or public
office within 10 calendar days of the date income is paid  to
the  obligor,  the payor shall pay a penalty of $100 for each
day that the withheld amount is not paid to  the  obligee  or
public  office  after  the  period  of  10  calendar days has
expired.  The failure of a payor, on more than one  occasion,
to  pay  amounts  withheld  to  the  obligee or public office
within 10 calendar days of the date income  is  paid  to  the
obligor creates a presumption that the payor knowingly failed
to pay the amounts.  This penalty may be collected in a civil
action which may be brought against the payor in favor of the
obligee.  A  finding  of  a payor's nonperformance within the
time required under this Section  must  be  documented  by  a
certified  mail return receipt showing the date the order for
withholding was served on the payor.  For  purposes  of  this
Section,  a  withheld  amount  shall  be considered paid by a
payor on the date it is mailed by the payor, or on  the  date
an electronic funds transfer of the amount has been initiated
by  the payor, or on the date delivery of the amount has been
initiated by the payor. For each deduction, the  payor  shall
provide  the  obligee  or  public  office,  at  the  time  of
transmittal, with the date income was paid from which support
was withheld.
    Upon  receipt of an order requiring that a minor child be
named as a beneficiary of a health insurance  plan  available
through  an  employer  or  labor  union  or  trade union, the
employer or labor union  or  trade  union  shall  immediately
enroll  the  minor  child  as a beneficiary in the the health
insurance plan designated by the court  order.  The  employer
shall withhold any required premiums and pay over any amounts
so  withheld  and any additional amounts the employer pays to
the insurance carrier in a timely manner.   The  employer  or
labor  union or trade union shall mail to the obligee, within
15 days of enrollment or upon request, notice of the date  of
coverage, information on the dependent coverage plan, and all
forms  necessary  to  obtain reimbursement for covered health
expenses, such as would be made available to a new  employee.
When  an  order  for  dependent coverage is in effect and the
insurance coverage is terminated or changed for  any  reason,
the  employer  or labor union or trade union shall notify the
obligee within 10 days of  the  termination  or  change  date
along with notice of conversion privileges.
    For withholding of income, the payor shall be entitled to
receive a fee not to exceed $5 per month to be taken from the
income to be paid to the obligor.
    (2)  Whenever  the  obligor is no longer receiving income
from the payor, the payor shall return a copy  of  the  order
for  withholding  to  the  obligee or public office and shall
provide  information  for  the  purpose  of  enforcing   this
Section.
    (3)  Withholding  of  income  under this Section shall be
made without regard to any prior or subsequent  garnishments,
attachments,   wage  assignments,  or  any  other  claims  of
creditors.  Withholding of income under  this  Section  shall
not  be  in excess of the maximum amounts permitted under the
federal Consumer Credit Protection Act. If the payor has been
served with more than one order for withholding pertaining to
the same obligor, the payor shall allocate  income  available
for  withholding  on  a  proportionate  share  basis,  giving
priority to current support payments.  If there is any income
available  for  withholding after withholding for all current
support obligations, the payor shall allocate the  income  to
past  due  support  payments  ordered in non-AFDC matters and
then to past due support payments ordered  in  AFDC  matters,
both  on  a proportionate share basis. Payment as required by
the order for withholding shall be a complete defense by  the
payor  against  any claims of the obligor or his creditors as
to the sum so paid.
    (4)  No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor  because  of  the  duty  to
withhold income.

(H)  Petitions  to  Stay  Service  or  to  Modify, Suspend or
Terminate Orders for Withholding.
    (1)  When an obligor files a petition  to  stay  service,
the  court,  after  due notice to all parties, shall hear the
matter as soon  as  practicable  and  shall  enter  an  order
granting   or   denying   relief,   amending  the  notice  of
delinquency,  amending  the  order  for   withholding   where
applicable,  or otherwise resolving the matter.  If the court
finds  that  a  delinquency  existed  when  the   notice   of
delinquency  was  served upon the obligor, in an amount of at
least one month's support obligation, or that the obligor was
at least 30 days late in paying all or part of the order  for
support, the court shall order immediate service of the order
for withholding.  Where the court cannot promptly resolve any
dispute  over  the  amount  of the delinquency, the court may
order immediate service of the order for  withholding  as  to
any  undisputed  amounts  specified  in  an amended notice of
delinquency, and may continue the  hearing  on  the  disputed
amounts.
    (2)  At  any  time, an obligor, obligee, public office or
Clerk of the Circuit Court may petition the court to:
         (a)  modify, suspend  or  terminate  the  order  for
    withholding  because  of  a  modification,  suspension or
    termination of the underlying order for support; or
         (b)  modify the amount of income to be  withheld  to
    reflect  payment in full or in part of the delinquency or
    arrearage by income withholding or otherwise; or
         (c)  suspend the order for  withholding  because  of
    inability  to  deliver income withheld to the obligee due
    to the obligee's failure to provide a mailing address  or
    other means of delivery.
    (3)  The obligor, obligee or public office shall serve on
the  payor, by certified mail or personal delivery, a copy of
any order entered pursuant to this  subsection  that  affects
the duties of the payor.
    (4)  At any time, a public office or Clerk of the Circuit
Court may serve a notice on the payor to:
         (a)  cease  withholding  of  income  for  payment of
    current support for a child when the  support  obligation
    for  that  child has automatically ceased under the order
    for support through emancipation or otherwise; or
         (b)  cease withholding  of  income  for  payment  of
    delinquency   or   arrearage   when  the  delinquency  or
    arrearage has been paid in full.
    (5)  The notice provided for under paragraph (4) of  this
subsection shall be served on the payor by ordinary mail, and
a  copy  shall be provided to the obligor and the obligee.  A
copy of the notice shall be  filed  with  the  Clerk  of  the
Circuit Court.
    (6)  The  order  for  withholding  shall  continue  to be
binding upon the payor until service  of  any  order  of  the
court   or   notice   entered  or  provided  for  under  this
subsection.

(I)  Additional Duties.
    (1)  An  obligee  who  is  receiving  income  withholding
payments under this Section shall notify the  payor,  if  the
obligee receives the payments directly from the payor, or the
public   office  or  the  Clerk  of  the  Circuit  Court,  as
appropriate, of any change of address within 7 days  of  such
change.
    (2)  An  obligee  who  is a recipient of public aid shall
send a copy of any notice of delinquency  filed  pursuant  to
subsection (C) to the Bureau of Child Support of the Illinois
Department of Public Aid.
    (3)  Each  obligor shall notify the obligee and the Clerk
of the Circuit Court of any change of address within 7 days.
    (4)  An obligor whose income is being withheld or who has
been served with a notice of  delinquency  pursuant  to  this
Section shall notify the obligee and the Clerk of the Circuit
Court of any new payor, within 7 days.
    (5)  When  the  Illinois  Department  of Public Aid is no
longer authorized to receive payments  for  the  obligee,  it
shall, within 7 days, notify the payor or, where appropriate,
the   Clerk   of   the  Circuit  Court,  to  redirect  income
withholding payments to the obligee.
    (6)  The obligee or public office shall provide notice to
the payor and Clerk of the Circuit Court of any other support
payment made, including but not limited to, a  set-off  under
federal  and  State law or partial payment of the delinquency
or arrearage, or both.
    (7)  Any public office and Clerk  of  the  Circuit  Court
which  collects,  disburses  or receives payments pursuant to
orders for withholding shall maintain complete, accurate, and
clear  records  of  all  payments  and  their  disbursements.
Certified copies of payment records maintained  by  a  public
office  or  Clerk of the Circuit Court shall, without further
proof, be admitted into evidence  in  any  legal  proceedings
under this Section.
    (8)  The  Illinois  Department of Public Aid shall design
suggested legal forms for proceeding under this  Section  and
shall   make   available   to   the  courts  such  forms  and
informational materials which  describe  the  procedures  and
remedies  set forth herein for distribution to all parties in
support actions.
    (9)  At the time of transmitting  each  support  payment,
the  clerk  of the circuit court shall provide the obligee or
public office, as appropriate, with any information furnished
by the payor as to the date income was paid from  which  such
support was withheld.

(J)  Penalties.
    (1)  Where a payor wilfully fails to withhold or pay over
income  pursuant  to  a  properly served, specially certified
order for withholding  and  any  notice  of  delinquency,  or
wilfully   discharges,   disciplines,   refuses  to  hire  or
otherwise penalizes an obligor as  prohibited  by  subsection
(G),  or otherwise fails to comply with any duties imposed by
this Section, the  obligee,  public  office  or  obligor,  as
appropriate,  may file a complaint with the court against the
payor.  The clerk of  the  circuit  court  shall  notify  the
obligee or public office, as appropriate, and the obligor and
payor  of the time and place of the hearing on the complaint.
The court shall resolve any factual  dispute  including,  but
not limited to, a denial that the payor is paying or has paid
income  to  the  obligor.   Upon  a  finding  in favor of the
complaining party, the court:
         (a)  shall enter judgment and direct the enforcement
    thereof for the total  amount  that  the  payor  wilfully
    failed to withhold or pay over; and
         (b)  may  order  employment  or  reinstatement of or
    restitution to the obligor, or both,  where  the  obligor
    has  been  discharged,  disciplined, denied employment or
    otherwise penalized by the payor and may  impose  a  fine
    upon the payor not to exceed $200.
    (2)  Any  obligee,  public office or obligor who wilfully
initiates a  false  proceeding  under  this  Section  or  who
wilfully  fails  to  comply  with  the  requirements  of this
Section shall be punished as in cases of contempt of court.

(K)  Alternative Procedures for Entry and Service of an Order
for Withholding.
    (1)  Effective January 1, 1987, in any matter in which an
order for withholding has not been entered  for  any  reason,
based  upon the last order for support that has been entered,
and in which the obligor has become delinquent in payment  of
an  amount  equal  to at least one month's support obligation
pursuant to the last order for support or is at least 30 days
late in complying with all or part of the order for  support,
the  obligee  or public office may prepare and serve an order
for withholding pursuant to the procedures set forth in  this
subsection.
    (2)  The obligee or public office shall:
         (a)  prepare  a  proposed  order for withholding for
    immediate service as provided by paragraphs (1)  and  (3)
    of   subsection   (B),   except   that  the  minimum  20%
    delinquency payment shall be used;
         (b)  prepare a notice of delinquency as provided  by
    paragraphs  (1)  and  (2)  of  subsection (C), except the
    notice shall state further that the order for withholding
    has not been entered by  the  court  and  the  conditions
    under which the order will be entered; and
         (c)  serve   the  notice  of  delinquency  and  form
    petition to stay service as provided by paragraph (3)  of
    subsection  (C),  together  with  the  proposed order for
    withholding, which shall be marked "COPY ONLY".
    (3)  After 20 days following service  of  the  notice  of
delinquency  and  proposed  order for withholding, in lieu of
the provisions of  subsection  (E),  the  obligee  or  public
office  shall  file  with  the  Clerk of the Circuit Court an
affidavit, with a copy  of  the  notice  of  delinquency  and
proposed  order  for  withholding  attached  thereto, stating
that:
         (a)  the notice of delinquency  and  proposed  order
    for withholding have been served upon the obligor and the
    date on which service was effected;
         (b)  the  obligor  has  not filed a petition to stay
    service within 20 days of  service  of  such  notice  and
    order; and
         (c)  the  proposed  order for withholding accurately
    states the terms and amounts contained in the last  order
    for support.
    (4)  Upon  the  court's  satisfaction that the procedures
set forth in this subsection have been met,  it  shall  enter
the order for withholding.
    (5)  The  Clerk  shall  then  provide  to  the obligee or
public office a specially certified copy  of  the  order  for
withholding and the notice of delinquency indicating that the
preconditions for service have been met.
    (6)  The   obligee  or  public  office  shall  serve  the
specially certified copies of the order for  withholding  and
the  notice  of delinquency on the payor, its superintendent,
manager  or  other  agent  by  certified  mail  or   personal
delivery.   A  proof of service shall be filed with the Clerk
of the Circuit Court.
    (7)  If the  obligor  requests  in  writing  that  income
withholding  become effective prior to becoming delinquent in
payment of an amount equal to one month's support  obligation
pursuant  to the last order for support, or prior to becoming
30 days late in paying all or part of the order for  support,
the obligee or public office shall file an affidavit with the
Clerk  of  the  circuit  Court,  with  a  proposed  order for
withholding  attached,  stating  that  the   proposed   order
accurately states the terms and amounts contained in the last
order  for  support  and  the obligor's request for immediate
service.  The provisions of paragraphs  (4)  through  (6)  of
this   subsection  shall  apply,  except  that  a  notice  of
delinquency shall not be required.
    (8)  All  other  provisions  of  this  Section  shall  be
applicable with respect to the provisions of this  subsection
(K),  except  that under paragraph (1) of subsection (H), the
court may also amend the proposed order  for  withholding  to
conform to the last order for support.
    (9)  Nothing  in  this  subsection  shall be construed as
limiting the requirements of paragraph (1) of subsection  (B)
with respect to the entry of a separate order for withholding
upon entry of any order for support.

(L)  Remedies in Addition to Other Laws.
    (1)  The  rights,  remedies, duties and penalties created
by this Section are in addition to and  not  in  substitution
for  any other rights, remedies, duties and penalties created
by any other law.
    (2)  Nothing  in  this  Section  shall  be  construed  as
invalidating any assignment of  wages  or  benefits  executed
prior to January 1, 1984.
(Source: P.A.  87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)

    (Text of Section after amendment by P.A. 89-507)
    Sec. 26.1.  Withholding of Income to  Secure  Payment  of
Support.

(A)  Definitions.
    (1)  "Order  for  support"  means  any order of the court
which provides for periodic payment of funds for the  support
of  a  child or maintenance of a spouse, whether temporary or
final, and includes any such order which provides for:
         (a)  modification or resumption of,  or  payment  of
    arrearage accrued under, a previously existing order;
         (b)  reimbursement of support; or
         (c)  enrollment  in  a health insurance plan that is
    available to the obligor through  an  employer  or  labor
    union or trade union.
    (2)  "Arrearage" means the total amount of unpaid support
obligations.
    (3)  "Delinquency"  means  any payment under an order for
support which becomes due and remains unpaid after  an  order
for withholding has been entered under subsection (B) or, for
purposes  of subsection (K), after the last order for support
was entered for which no order for withholding was entered.
    (4)  "Income" means any form of periodic  payment  to  an
individual,  regardless of source, including, but not limited
to: wages, salary, commission, compensation as an independent
contractor, workers' compensation,  disability,  annuity  and
retirement   benefits,   lottery   prize   awards,  insurance
proceeds, vacation pay, bonuses, profit-sharing payments  and
any  other  payments,  made  by  any  person, private entity,
federal or state government, any unit  of  local  government,
school district or any entity created by Public Act; however,
"income" excludes:
         (a)  any  amounts  required  by  law to be withheld,
    other than creditor claims, including,  but  not  limited
    to,  federal,  State and local taxes, Social Security and
    other retirement and disability contributions;
         (b)  union dues;
         (c)  any amounts exempted by  the  federal  Consumer
    Credit Protection Act;
         (d)  public assistance payments; and
         (e)  unemployment   insurance   benefits  except  as
    provided by law.
    Any other State or  local  laws  which  limit  or  exempt
income  or  the  amount  or  percentage of income that can be
withheld shall not apply.
    (5)  "Obligor" means the individual who owes  a  duty  to
make payments under an order for support.
    (6)  "Obligee"  means  the  individual  to whom a duty of
support is owed or the individual's legal representative.
    (7)  "Payor" means any payor of income to an obligor.
    (8)  "Public office" means any elected  official  or  any
State  or  local agency which is or may become responsible by
law for enforcement of, or which is or may become  authorized
to  enforce, an order for support, including, but not limited
to: the Attorney General, the Illinois Department  of  Public
Aid,  the Illinois Department of Human Services, the Illinois
Department of Children and Family Services, and  the  various
State's   Attorneys,   Clerks   of   the  Circuit  Court  and
supervisors of general assistance.
    (9)  "Premium" means the  dollar  amount  for  which  the
obligor  is  liable  to  his employer or labor union or trade
union and which must be paid to enroll or maintain a child in
a health insurance plan that  is  available  to  the  obligor
through an employer or labor union or trade union.
(B)  Entry of an Order for Withholding.
    (1)  Upon  entry  of  any  order  for support on or after
January 1, 1984, the court shall enter a separate  order  for
withholding  which  shall  not take effect unless the obligor
becomes delinquent in paying the order  for  support  or  the
obligor  requests  an earlier effective date; except that the
court may require the order for withholding  to  take  effect
immediately.
    On  or after January 1, 1989, the court shall require the
order for withholding to take effect  immediately,  unless  a
written  agreement  is  reached  between  and  signed by both
parties providing for an  alternative  arrangement,  approved
and  entered  into  the  record  by  the court, which insures
payment of support.  In that case, the court shall enter  the
order  for  withholding which will not take effect unless the
obligor becomes delinquent in paying the order for support.
    Upon entry of any order of support on or after  September
11,  1989, if the obligor is not a United States citizen, the
obligor shall  provide  to  the  court  the  obligor's  alien
registration  number,  passport  number,  and  home country's
social security or national health number, if applicable; the
court shall make the information part of the  record  in  the
case.
    (2)  An  order  for  withholding  shall  be  entered upon
petition by the obligee or public office where an  order  for
withholding has not been previously entered.
    (3)  The order for withholding shall:
         (a)  direct  any  payor  to withhold a dollar amount
    equal to the order for support; and
         (b)  direct any  payor  to  withhold  an  additional
    dollar  amount,  not  less  than  20%  of  the  order for
    support, until payment in full of any delinquency  stated
    in  the  notice of delinquency provided for in subsection
    (C) or (F) of this Section; and
         (c)  direct any payor or labor union or trade  union
    to  enroll a child as a beneficiary of a health insurance
    plan and withhold or cause to be withheld, if applicable,
    any required premiums; and
         (d)  state the rights, remedies and  duties  of  the
    obligor under this Section; and
         (e)  include  the  obligor's Social Security Number,
    which the obligor shall disclose to the court; and
         (f)  include the date that withholding  for  current
    support   terminates,   which   shall   be  the  date  of
    termination of the current support obligation  set  forth
    in the order for support.
    (4)  At  the  time  the order for withholding is entered,
the Clerk of the Circuit Court shall provide a  copy  of  the
order  for  withholding  and  the  order  for  support to the
obligor and shall make copies available to  the  obligee  and
public  office.   Any  copy  of  the  order  for  withholding
furnished  to  the  parties  under  this  subsection shall be
stamped "Not Valid".
    (5)  The order for withholding shall remain in effect for
as long as the order for support upon which it is based.
    (6)  The failure of an order for withholding to state  an
arrearage  is  not  conclusive  of  the  issue  of whether an
arrearage is owing.
    (7)  Notwithstanding the provisions of  this  subsection,
if  the  court  finds  at  the  time  of  any hearing that an
arrearage has accrued in an amount  equal  to  at  least  one
month's  support  obligation  or  that the obligor is 30 days
late in paying all or part of  the  order  for  support,  the
court   shall  order  immediate  service  of  the  order  for
withholding upon the payor.
    (8)  Where the court has not required that the order  for
withholding  take  effect  immediately, the obligee or public
office  may  prepare  and  serve  a  notice   for   immediate
withholding  upon  the  obligor by ordinary mail addressed to
the obligor at his or her last  known  address.   The  notice
shall state that the following circumstances have occurred:
         (a)  The  parties'  written  agreement  providing an
    alternative arrangement to  immediate  withholding  under
    paragraph  (1)  of this subsection no longer provides for
    timely payment of all support due; or
         (b)  The obligor has not  made  timely  payments  in
    that  the obligor has been at least 7 days late in paying
    all or part of the order for support any of  the  last  6
    consecutive  dates payments were due prior to the date of
    the notice for immediate withholding.
    The notice for immediate withholding shall clearly  state
that  a specially certified copy of the order for withholding
will be sent  to  the  payor,  unless  the  obligor  files  a
petition  contesting  immediate  withholding  within  20 days
after service of the notice; however,  the  grounds  for  the
petition shall be limited to a dispute concerning whether the
circumstances  stated  in  the  notice  have  occurred or the
identity of the obligor.  It shall not  be  grounds  for  the
petition  that  the  obligor has made all payments due by the
date of the petition.
    If the obligor  files  a  petition  contesting  immediate
withholding  within  the  20-day  period  required under this
paragraph, the Clerk of the Circuit Court  shall  notify  the
obligor  and the obligee or public office, as appropriate, of
the time and place of the  hearing  on  the  petition.   Upon
hearing the petition, the court shall enter an order granting
or  denying relief.  It shall not be grounds for granting the
obligor's petition that he or she has made all  payments  due
by  the  date  of hearing.  If the court denies the obligor's
petition, it shall order immediate service of the  order  for
withholding  and  direct  the  clerk  to  provide a specially
certified copy of the order for withholding to the obligee or
public office indicating that the requirements for  immediate
withholding under this paragraph have been met.
    If  the  obligor  does  not  file  a  petition contesting
immediate withholding within the 20-day period,  the  obligee
or  public  office  shall  file with the Clerk of the Circuit
Court an affidavit, with a copy of the notice  for  immediate
withholding  attached  thereto,  stating  that the notice was
duly served and the date on which service was  effected,  and
that   the  obligor  has  not  filed  a  petition  contesting
immediate withholding.  The clerk shall then provide  to  the
obligee  or  public  office a specially certified copy of the
order for withholding indicating that  the  requirements  for
immediate withholding under this paragraph have been met.
    Upon  receipt  of a specially certified copy of the order
for withholding, the obligee or public office may  serve  the
order  on  the  payor,  its  superintendent, manager or other
agent, by certified mail or personal delivery.   A  proof  of
service shall be filed with the Clerk of the Circuit Court.

(C)  Notice of Delinquency.
    (1)  Whenever an obligor becomes delinquent in payment of
an  amount  equal  to at least one month's support obligation
pursuant to the order for support or is at least 30 days late
in complying with all or  part  of  the  order  for  support,
whichever  occurs  first,  the  obligee  or public office may
prepare and serve a verified notice of delinquency,  together
with  a  form petition to stay service, pursuant to paragraph
(3) of this subsection.
    (2)  The notice of delinquency shall recite the terms  of
the order for support and contain a computation of the period
and  total  amount  of the delinquency, as of the date of the
notice.  The notice shall clearly state that it will be  sent
to the payor, together with a specially certified copy of the
order  for withholding, except as provided in subsection (F),
unless the obligor  files  a  petition  to  stay  service  in
accordance with paragraph (1) of subsection (D).
    (3)  The   notice  of  delinquency  shall  be  served  by
ordinary mail addressed to the obligor at  his  or  her  last
known address.
    (4)  The  obligor  may  execute  a  written waiver of the
provisions of paragraphs (1) through (3) of  this  subsection
and request immediate service upon the payor.

(D)  Procedures to Avoid Income Withholding.
    (1)  Except  as  provided  in subsection (F), the obligor
may prevent an order for withholding  from  being  served  by
filing  a  petition  to  stay  service  with the Clerk of the
Circuit Court, within 20 days after service of the notice  of
delinquency;  however,  the  grounds for the petition to stay
service shall be limited to a  dispute  concerning:  (a)  the
amount  of  current support or the existence or amount of the
delinquency; or (b)  the identity of the obligor.
    The Clerk of the Circuit Court shall notify  the  obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition to stay service. The
court  shall  hold such hearing pursuant to the provisions of
subsection (H).
    (2)  Except as provided in subsection (F),  filing  of  a
petition  to  stay service, within the 20-day period required
under this subsection, shall prohibit the obligee  or  public
office from serving the order for withholding on any payor of
the obligor.

(E)  Initial Service of Order for Withholding.
    (1)  Except  as  provided  in subsection (F), in order to
serve an order for withholding upon a payor,  an  obligee  or
public  office  shall follow the procedures set forth in this
subsection.  After 20 days following service of the notice of
delinquency, the obligee or public office shall file with the
Clerk of the Circuit Court an affidavit, with the copy of the
notice of delinquency attached thereto, stating:
         (a)  that the notice of delinquency  has  been  duly
    served and the date on which service was effected; and
         (b)  that  the  obligor  has not filed a petition to
    stay service, or in the alternative
         (c)  that the obligor has waived the  provisions  of
    subparagraphs  (a)  and  (b)  of  this  paragraph  (1) in
    accordance with subsection (C)(4).
    (2)  Upon request of the obligee or  public  office,  the
Clerk  of the Circuit shall: (a) make available any record of
payment; and (b) determine that the file contains a  copy  of
the  affidavit  described  in paragraph (1).  The Clerk shall
then provide to the obligee  or  public  office  a  specially
certified copy of the order for withholding and the notice of
delinquency  indicating  that  the  preconditions for service
have been met.
    (3)  The obligee or public  office  may  then  serve  the
notice of delinquency and order for withholding on the payor,
its  superintendent,  manager  or  other agent, by regular or
certified mail or facsimile personal delivery.   A  proof  of
service shall be filed with the Clerk of the Circuit Court.

(F)  Subsequent Service of Order for Withholding.
    (1)  Notwithstanding  the  provisions of this Section, at
any time after the court has ordered immediate service of  an
order  for  withholding  or after initial service of an order
for withholding pursuant to subsection (E),  the  obligee  or
public  office  may  serve the order for withholding upon any
payor of the obligor without further notice to  the  obligor.
The  obligee  or  public  office  shall provide notice to the
payor, pursuant to paragraph (6) of subsection  (I),  of  any
payments  that have been made through previous withholding or
any other method.
    (2)  The Clerk of the Circuit Court shall, upon  request,
provide the obligee or public office with specially certified
copies  of  the  order  for  withholding  or  the  notice  of
delinquency  or both whenever the Court has ordered immediate
service of an order for withholding or an affidavit has  been
placed  in  the  court file indicating that the preconditions
for service have been previously met.  The obligee or  public
office may then serve the order for withholding on the payor,
its  superintendent,  manager  or  other  agent by regular or
certified mail or facsimile personal delivery.   A  proof  of
service shall be filed with the Clerk of the Circuit Court.
    (3)  If  a  delinquency  has  accrued for any reason, the
obligee or public office may serve a  notice  of  delinquency
upon the obligor pursuant to subsection (C).  The obligor may
prevent  the notice of delinquency from being served upon the
payor by utilizing the procedures  set  forth  in  subsection
(D). If no petition to stay service has been filed within the
required 20 day time period, the obligee or public office may
serve the notice of delinquency on the payor by utilizing the
procedures for service set forth in subsection (E).
    (4)  New  service  of  an  order  for  withholding is not
required in order to resume withholding of income in the case
of an obligor with respect to whom an order  for  withholding
was  previously  served on the payor if withholding of income
was terminated because of an interruption  in  the  obligor's
employment of less than 180 days.

(G)  Duties of Payor.
    (1)  It  shall  be  the  duty  of  any payor who has been
served with a copy  of  the  specially  certified  order  for
withholding  and  any notice of delinquency to deduct and pay
over income as provided in this subsection.  The payor  shall
deduct the amount designated in the order for withholding, as
supplemented  by  the  notice  of  delinquency and any notice
provided  pursuant  to  paragraph  (6)  of  subsection   (I),
beginning  no  later than the next payment of income which is
payable to the obligor that occurs 14 days following the date
the order and any notice were mailed  by  certified  mail  or
placed  for  personal  delivery.   The  payor may combine all
amounts withheld for the benefit  of  an  obligee  or  public
office  into a single payment and transmit the payment with a
listing of obligors from whom withholding has been  effected.
The  payor  shall  pay  the amount withheld to the obligee or
public office within 10 calendar days of the date  income  is
paid  to  the  obligor  in  accordance  with  the  order  for
withholding and any subsequent notification received from the
public  office  redirecting  payments. If the payor knowingly
fails to pay any amount withheld to  the  obligee  or  public
office  within 10 calendar days of the date income is paid to
the obligor, the payor shall pay a penalty of $100  for  each
day  that  the  withheld amount is not paid to the obligee or
public office after  the  period  of  10  calendar  days  has
expired.   The failure of a payor, on more than one occasion,
to pay amounts withheld  to  the  obligee  or  public  office
within  10  calendar  days  of the date income is paid to the
obligor creates a presumption that the payor knowingly failed
to pay the amounts.  This penalty may be collected in a civil
action which may be brought against the payor in favor of the
obligee. A finding of a  payor's  nonperformance  within  the
time  required  under  this  Section  must be documented by a
certified mail return receipt showing the date the order  for
withholding  was  served  on the payor.  For purposes of this
Section, a withheld amount shall  be  considered  paid  by  a
payor  on  the date it is mailed by the payor, or on the date
an electronic funds transfer of the amount has been initiated
by the payor, or on the date delivery of the amount has  been
initiated  by  the payor. For each deduction, the payor shall
provide  the  obligee  or  public  office,  at  the  time  of
transmittal, with the date income was paid from which support
was withheld.
    Upon receipt of an order requiring that a minor child  be
named  as  a beneficiary of a health insurance plan available
through an employer  or  labor  union  or  trade  union,  the
employer  or  labor  union  or  trade union shall immediately
enroll the minor child as a beneficiary  in  the  the  health
insurance  plan  designated  by the court order. The employer
shall withhold any required premiums and pay over any amounts
so withheld and any additional amounts the employer  pays  to
the  insurance  carrier  in a timely manner.  The employer or
labor union or trade union shall mail to the obligee,  within
15  days of enrollment or upon request, notice of the date of
coverage, information on the dependent coverage plan, and all
forms necessary to obtain reimbursement  for  covered  health
expenses,  such as would be made available to a new employee.
When an order for dependent coverage is  in  effect  and  the
insurance  coverage  is terminated or changed for any reason,
the employer or labor union or trade union shall  notify  the
obligee  within  10  days  of  the termination or change date
along with notice of conversion privileges.
    For withholding of income, the payor shall be entitled to
receive a fee not to exceed $5 per month to be taken from the
income to be paid to the obligor.
    (2)  Whenever the obligor is no longer  receiving  income
from  the  payor,  the payor shall return a copy of the order
for withholding to the obligee or  public  office  and  shall
provide   information  for  the  purpose  of  enforcing  this
Section.
    (3)  Withholding of income under this  Section  shall  be
made  without regard to any prior or subsequent garnishments,
attachments,  wage  assignments,  or  any  other  claims   of
creditors.   Withholding  of  income under this Section shall
not be in excess of the maximum amounts permitted  under  the
federal Consumer Credit Protection Act. If the payor has been
served with more than one order for withholding pertaining to
the  same  obligor, the payor shall allocate income available
for  withholding  on  a  proportionate  share  basis,  giving
priority to current support payments.  If there is any income
available for withholding after withholding for  all  current
support  obligations,  the payor shall allocate the income to
past due support payments ordered  in  non-AFDC  matters  and
then  to  past  due support payments ordered in AFDC matters,
both on a proportionate share basis. Payment as  required  by
the  order for withholding shall be a complete defense by the
payor against any claims of the obligor or his  creditors  as
to the sum so paid.
    (4)  No payor shall discharge, discipline, refuse to hire
or  otherwise  penalize  any  obligor  because of the duty to
withhold income.

(H)  Petitions to Stay  Service  or  to  Modify,  Suspend  or
Terminate Orders for Withholding.
    (1)  When  an  obligor  files a petition to stay service,
the court, after due notice to all parties,  shall  hear  the
matter  as  soon  as  practicable  and  shall  enter an order
granting  or  denying  relief,   amending   the   notice   of
delinquency,   amending   the  order  for  withholding  where
applicable, or otherwise resolving the matter.  If the  court
finds   that   a  delinquency  existed  when  the  notice  of
delinquency was served upon the obligor, in an amount  of  at
least one month's support obligation, or that the obligor was
at  least 30 days late in paying all or part of the order for
support, the court shall order immediate service of the order
for withholding.  Where the court cannot promptly resolve any
dispute over the amount of the  delinquency,  the  court  may
order  immediate  service  of the order for withholding as to
any undisputed amounts specified  in  an  amended  notice  of
delinquency,  and  may  continue  the hearing on the disputed
amounts.
    (2)  At any time, an obligor, obligee, public  office  or
Clerk of the Circuit Court may petition the court to:
         (a)  modify,  suspend  or  terminate  the  order for
    withholding because  of  a  modification,  suspension  or
    termination of the underlying order for support; or
         (b)  modify  the  amount of income to be withheld to
    reflect payment in full or in part of the delinquency  or
    arrearage by income withholding or otherwise; or
         (c)  suspend  the  order  for withholding because of
    inability to deliver income withheld to the  obligee  due
    to  the obligee's failure to provide a mailing address or
    other means of delivery.
    (3)  The obligor, obligee or public office shall serve on
the payor, by certified mail or personal delivery, a copy  of
any  order  entered  pursuant to this subsection that affects
the duties of the payor.
    (4)  At any time, a public office or Clerk of the Circuit
Court may serve a notice on the payor to:
         (a)  cease withholding  of  income  for  payment  of
    current  support  for a child when the support obligation
    for that child has automatically ceased under  the  order
    for support through emancipation or otherwise; or
         (b)  cease  withholding  of  income  for  payment of
    delinquency  or  arrearage  when   the   delinquency   or
    arrearage has been paid in full.
    (5)  The  notice provided for under paragraph (4) of this
subsection shall be served on the payor by ordinary mail, and
a copy shall be provided to the obligor and the  obligee.   A
copy  of  the  notice  shall  be  filed with the Clerk of the
Circuit Court.
    (6)  The order  for  withholding  shall  continue  to  be
binding  upon  the  payor  until  service of any order of the
court  or  notice  entered  or  provided   for   under   this
subsection.

(I)  Additional Duties.
    (1)  An  obligee  who  is  receiving  income  withholding
payments  under  this  Section shall notify the payor, if the
obligee receives the payments directly from the payor, or the
public  office  or  the  Clerk  of  the  Circuit  Court,   as
appropriate,  of  any change of address within 7 days of such
change.
    (2)  An obligee who is a recipient of  public  aid  shall
send  a  copy  of any notice of delinquency filed pursuant to
subsection (C) to the Bureau of Child Support of the Illinois
Department of Public Aid.
    (3)  Each obligor shall notify the obligee and the  Clerk
of the Circuit Court of any change of address within 7 days.
    (4)  An obligor whose income is being withheld or who has
been  served  with  a  notice of delinquency pursuant to this
Section shall notify the obligee and the Clerk of the Circuit
Court of any new payor, within 7 days.
    (5)  When the Illinois Department of  Public  Aid  is  no
longer  authorized  to  receive  payments for the obligee, it
shall, within 7 days, notify the payor or, where appropriate,
the  Clerk  of  the  Circuit  Court,   to   redirect   income
withholding payments to the obligee.
    (6)  The obligee or public office shall provide notice to
the payor and Clerk of the Circuit Court of any other support
payment  made,  including but not limited to, a set-off under
federal and State law or partial payment of  the  delinquency
or arrearage, or both.
    (7)  Any  public  office  and  Clerk of the Circuit Court
which collects, disburses or receives  payments  pursuant  to
orders for withholding shall maintain complete, accurate, and
clear  records  of  all  payments  and  their  disbursements.
Certified  copies  of  payment records maintained by a public
office or Clerk of the Circuit Court shall,  without  further
proof,  be  admitted  into  evidence in any legal proceedings
under this Section.
    (8)  The Illinois Department of Public Aid  shall  design
suggested  legal  forms for proceeding under this Section and
shall  make  available  to  the   courts   such   forms   and
informational  materials  which  describe  the procedures and
remedies set forth herein for distribution to all parties  in
support actions.
    (9)  At  the  time  of transmitting each support payment,
the clerk of the circuit court shall provide the  obligee  or
public office, as appropriate, with any information furnished
by  the  payor as to the date income was paid from which such
support was withheld.

(J)  Penalties.
    (1)  Where a payor wilfully fails to withhold or pay over
income pursuant to a  properly  served,  specially  certified
order  for  withholding  and  any  notice  of delinquency, or
wilfully  discharges,  disciplines,  refuses   to   hire   or
otherwise  penalizes  an  obligor as prohibited by subsection
(G), or otherwise fails to comply with any duties imposed  by
this  Section,  the  obligee,  public  office  or obligor, as
appropriate, may file a complaint with the court against  the
payor.   The  clerk  of  the  circuit  court shall notify the
obligee or public office, as appropriate, and the obligor and
payor of the time and place of the hearing on the  complaint.
The  court  shall  resolve any factual dispute including, but
not limited to, a denial that the payor is paying or has paid
income to the obligor.   Upon  a  finding  in  favor  of  the
complaining party, the court:
         (a)  shall enter judgment and direct the enforcement
    thereof  for  the  total  amount  that the payor wilfully
    failed to withhold or pay over; and
         (b)  may order employment  or  reinstatement  of  or
    restitution  to  the  obligor, or both, where the obligor
    has been discharged, disciplined,  denied  employment  or
    otherwise  penalized  by  the payor and may impose a fine
    upon the payor not to exceed $200.
    (2)  Any obligee, public office or obligor  who  wilfully
initiates  a  false  proceeding  under  this  Section  or who
wilfully fails  to  comply  with  the  requirements  of  this
Section shall be punished as in cases of contempt of court.

(K)  Alternative Procedures for Entry and Service of an Order
for Withholding.
    (1)  Effective January 1, 1987, in any matter in which an
order  for  withholding  has not been entered for any reason,
based upon the last order for support that has been  entered,
and  in which the obligor has become delinquent in payment of
an amount equal to at least one  month's  support  obligation
pursuant to the last order for support or is at least 30 days
late  in complying with all or part of the order for support,
the obligee or public office may prepare and serve  an  order
for  withholding pursuant to the procedures set forth in this
subsection.
    (2)  The obligee or public office shall:
         (a)  prepare a proposed order  for  withholding  for
    immediate  service  as provided by paragraphs (1) and (3)
    of  subsection  (B),  except   that   the   minimum   20%
    delinquency payment shall be used;
         (b)  prepare  a notice of delinquency as provided by
    paragraphs (1) and (2)  of  subsection  (C),  except  the
    notice shall state further that the order for withholding
    has  not  been  entered  by  the court and the conditions
    under which the order will be entered; and
         (c)  serve  the  notice  of  delinquency  and   form
    petition  to stay service as provided by paragraph (3) of
    subsection (C), together  with  the  proposed  order  for
    withholding, which shall be marked "COPY ONLY".
    (3)  After  20  days  following  service of the notice of
delinquency and proposed order for withholding,  in  lieu  of
the  provisions  of  subsection  (E),  the  obligee or public
office shall file with the Clerk  of  the  Circuit  Court  an
affidavit,  with  a  copy  of  the  notice of delinquency and
proposed order  for  withholding  attached  thereto,  stating
that:
         (a)  the  notice  of  delinquency and proposed order
    for withholding have been served upon the obligor and the
    date on which service was effected;
         (b)  the obligor has not filed a  petition  to  stay
    service  within  20  days  of  service of such notice and
    order; and
         (c)  the proposed order for  withholding  accurately
    states  the terms and amounts contained in the last order
    for support.
    (4)  Upon the court's satisfaction  that  the  procedures
set  forth  in  this subsection have been met, it shall enter
the order for withholding.
    (5)  The Clerk shall  then  provide  to  the  obligee  or
public  office  a  specially  certified copy of the order for
withholding and the notice of delinquency indicating that the
preconditions for service have been met.
    (6)  The  obligee  or  public  office  shall  serve   the
specially  certified  copies of the order for withholding and
the notice of delinquency on the payor,  its  superintendent,
manager   or  other  agent  by  certified  mail  or  personal
delivery.  A proof of service shall be filed with  the  Clerk
of the Circuit Court.
    (7)  If  the  obligor  requests  in  writing  that income
withholding become effective prior to becoming delinquent  in
payment  of an amount equal to one month's support obligation
pursuant to the last order for support, or prior to  becoming
30  days late in paying all or part of the order for support,
the obligee or public office shall file an affidavit with the
Clerk of  the  circuit  Court,  with  a  proposed  order  for
withholding   attached,   stating  that  the  proposed  order
accurately states the terms and amounts contained in the last
order for support and the  obligor's  request  for  immediate
service.    The  provisions  of paragraphs (4) through (6) of
this  subsection  shall  apply,  except  that  a  notice   of
delinquency shall not be required.
    (8)  All  other  provisions  of  this  Section  shall  be
applicable  with respect to the provisions of this subsection
(K), except that under paragraph (1) of subsection  (H),  the
court  may  also  amend the proposed order for withholding to
conform to the last order for support.
    (9)  Nothing in this subsection  shall  be  construed  as
limiting  the requirements of paragraph (1) of subsection (B)
with respect to the entry of a separate order for withholding
upon entry of any order for support.

(L)  Remedies in Addition to Other Laws.
    (1)  The rights, remedies, duties and  penalties  created
by  this  Section  are in addition to and not in substitution
for any other rights, remedies, duties and penalties  created
by any other law.
    (2)  Nothing  in  this  Section  shall  be  construed  as
invalidating  any  assignment  of  wages or benefits executed
prior to January 1, 1984.
(Source: P.A. 88-26; 88-45; 88-94;  88-131;  88-307;  88-670,
eff. 12-2-94; 89-507, eff. 7-1-97.)

    Section   94.   The  Illinois  Parentage  Act  of 1984 is
amended by changing Section 20 as follows:

    (750 ILCS 45/20) (from Ch. 40, par. 2520)
    (Text of Section before amendment by P.A. 89-507)
    Sec. 20.  Withholding of  Income  to  Secure  Payment  of
Support.

(A)  Definitions.
    (1)  "Order  for  support"  means  any order of the court
which provides for periodic payment of funds for the  support
of a child, whether temporary or final, and includes any such
order which provides for:
         (a)  modification  or  resumption  of, or payment of
    arrearage accrued under, a previously existing order;
         (b)  reimbursement of support;
         (c)  payment or  reimbursement  of  the  expense  of
    pregnancy and delivery;  or
         (d)  enrollment  in  a health insurance plan that is
    available to the obligor through  an  employer  or  labor
    union or trade union.
    (2)  "Arrearage" means the total amount of unpaid support
obligations.
    (3)  "Delinquency"  means  any payment under an order for
support which becomes due and remains unpaid after  an  order
for withholding has been entered under subsection (B) or, for
purposes  of subsection (K), after the last order for support
was entered for which no order for withholding was entered.
    (4)  "Income" means any form of periodic  payment  to  an
individual,  regardless of source, including, but not limited
to: wages, salary, commission, compensation as an independent
contractor, workers' compensation,  disability,  annuity  and
retirement   benefits,   lottery   prize   awards,  insurance
proceeds, vacation pay, bonuses, profit-sharing payments  and
any  other  payments,  made  by  any  person, private entity,
federal or state government, any unit  of  local  government,
school district or any entity created by Public Act; however,
"income" excludes:
         (a)  any  amounts  required  by  law to be withheld,
    other than creditor claims, including,  but  not  limited
    to,  federal,  State and local taxes, Social Security and
    other retirement and disability contributions;
         (b)  union dues;
         (c)  any amounts exempted by  the  federal  Consumer
    Credit Protection Act;
         (d)  public assistance payments; and
         (e)  unemployment   insurance   benefits  except  as
    provided by law.
    Any other State or  local  laws  which  limit  or  exempt
income  or  the  amount  or  percentage of income that can be
withheld shall not apply.
    (5)  "Obligor" means the individual who owes  a  duty  to
make payments under an order for support.
    (6)  "Obligee"  means  the  individual  to whom a duty of
support is owed or the individual's legal representative.
    (7)  "Payor" means any payor of income to an obligor.
    (8)  "Public office" means any elected  official  or  any
State  or  local agency which is or may become responsible by
law for enforcement of, or which is or may become  authorized
to  enforce, an order for support, including, but not limited
to: the Attorney General, the Illinois Department  of  Public
Aid,   the   Illinois   Department   of   Mental  Health  and
Developmental  Disabilities,  the  Illinois   Department   of
Children   and  Family  Services,  and  the  various  State's
Attorneys, Clerks of the Circuit  Court  and  supervisors  of
general assistance.
    (9)  "Premium"  means  the  dollar  amount  for which the
obligor is liable to his employer or  labor  union  or  trade
union and which must be paid to enroll or maintain a child in
a  health  insurance  plan  that  is available to the obligor
through an employer or labor union or trade union.

(B)  Entry of an Order for Withholding.
    (1)  Upon entry of any order for support on or after July
1,  1985,  the  court  shall  enter  a  separate  order   for
withholding  which  shall  not take effect unless the obligor
becomes delinquent in paying the order  for  support  or  the
obligor  requests  an earlier effective date; except that the
court may require the order for withholding  to  take  effect
immediately.
    On  or after January 1, 1989, the court shall require the
order for withholding to take effect  immediately,  unless  a
written  agreement  is  reached  between  and  signed by both
parties providing for an  alternative  arrangement,  approved
and  entered  into  the  record  by  the court, which insures
payment of support.  In that case, the court shall enter  the
order  for  withholding which will not take effect unless the
obligor becomes delinquent in paying the order for support.
    Upon entry of any order of support on or after  September
11,  1989, if the obligor is not a United States citizen, the
obligor shall  provide  to  the  court  the  obligor's  alien
registration  number,  passport  number,  and  home country's
social security or national health number, if applicable; the
court shall make the information part of the  record  in  the
case.
    (2)  An  order  for  withholding  shall  be  entered upon
petition by the obligee or public office where an  order  for
withholding has not been previously entered.
    (3)  The order for withholding shall:
         (a)  direct  any  payor  to withhold a dollar amount
    equal to the order for support; and
         (b)  direct any  payor  to  withhold  an  additional
    dollar  amount,  not  less  than  20%  of  the  order for
    support, until payment in full of any delinquency  stated
    in  the  notice of delinquency provided for in subsection
    (C) or (F) of this Section; and
         (c)  direct any payor or labor union or trade  union
    to  enroll a child as a beneficiary of a health insurance
    plan and withhold or cause to be withheld, if applicable,
    any required premiums; and
         (d)  state the rights, remedies and  duties  of  the
    obligor under this Section; and
         (e)  include  the  obligor's Social Security Number,
    which the obligor shall disclose to the court; and
         (f)  include the date that withholding  for  current
    support   terminates,   which   shall   be  the  date  of
    termination of the current support obligation  set  forth
    in the order for support.
    (4)  At  the  time  the order for withholding is entered,
the Clerk of the Circuit Court shall provide a  copy  of  the
order  for  withholding  and  the  order  for  support to the
obligor and shall make copies available to  the  obligee  and
public  office.   Any  copy  of  the  order  for  withholding
furnished  to  the  parties  under  this  subsection shall be
stamped "Not Valid".
    (5)  The order for withholding shall remain in effect for
as long as the order for support upon which it is based.
    (6)  The failure of an order for withholding to state  an
arrearage  is  not  conclusive  of  the  issue  of whether an
arrearage is owing.
    (7)  Notwithstanding the provisions of  this  subsection,
if  the court finds at the time of any hearing that arrearage
has accrued in an  amount  equal  to  at  least  one  month's
support  obligation  or  that  the obligor is 30 days late in
paying all or part of the order for support, the court  shall
order immediate service of the order for withholding upon the
payor.
    (8)  Where  the court has not required that the order for
withholding take effect immediately, the  obligee  or  public
office   may   prepare  and  serve  a  notice  for  immediate
withholding upon the obligor by ordinary  mail  addressed  to
the  obligor  at  his  or her last known address.  The notice
shall state that the following circumstances have occurred:
         (a)  The parties'  written  agreement  providing  an
    alternative  arrangement  to  immediate withholding under
    paragraph (1) of this subsection no longer  provides  for
    timely payment of all support due; or
         (b)  The  obligor  has  not  made timely payments in
    that the obligor has been at least 7 days late in  paying
    all  or  part  of the order for support any of the last 6
    consecutive dates payments were due prior to the date  of
    the notice for immediate withholding.
    The  notice for immediate withholding shall clearly state
that a specially certified copy of the order for  withholding
will  be  sent  to  the  payor,  unless  the  obligor files a
petition contesting  immediate  withholding  within  20  days
after  service  of  the  notice; however, the grounds for the
petition shall be limited to a dispute concerning whether the
circumstances stated in  the  notice  have  occurred  or  the
identity  of  the  obligor.   It shall not be grounds for the
petition that the obligor has made all payments  due  by  the
date of the petition.
    If  the  obligor  files  a  petition contesting immediate
withholding within the  20-day  period  required  under  this
paragraph,  the  Clerk  of the Circuit Court shall notify the
obligor and the obligee or public office, as appropriate,  of
the  time  and  place  of  the hearing on the petition.  Upon
hearing the petition, the court shall enter an order granting
or denying relief.  It shall not be grounds for granting  the
obligor's  petition  that he or she has made all payments due
by the date of hearing.  If the court  denies  the  obligor's
petition,  it  shall order immediate service of the order for
withholding and direct  the  clerk  to  provide  a  specially
certified copy of the order for withholding to the obligee or
public  office indicating that the requirements for immediate
withholding under this paragraph have been met.
    If the  obligor  does  not  file  a  petition  contesting
immediate  withholding  within the 20-day period, the obligee
or public office shall file with the  Clerk  of  the  Circuit
Court  an  affidavit, with a copy of the notice for immediate
withholding attached thereto, stating  that  the  notice  was
duly  served  and the date on which service was effected, and
that  the  obligor  has  not  filed  a  petition   contesting
immediate  withholding.   The clerk shall then provide to the
obligee or public office a specially certified  copy  of  the
order  for  withholding  indicating that the requirements for
immediate withholding under this paragraph have been met.
    Upon receipt of a specially certified copy of  the  order
for  withholding,  the obligee or public office may serve the
order on the payor,  its  superintendent,  manager  or  other
agent,  by  certified  mail or personal delivery.  A proof of
service shall be filed with the Clerk of the Circuit Court.

(C)  Notice of Delinquency.
    (1)  Whenever an obligor becomes delinquent in payment of
an amount equal to at least one  month's  support  obligation
pursuant to the order for support or is at least 30 days late
in  complying  with  all  or  part  of the order for support,
whichever occurs first, the  obligee  or  public  office  may
prepare  and serve a verified notice of delinquency, together
with a form petition to stay service, pursuant  to  paragraph
(3) of this subsection.
    (2)  The  notice of delinquency shall recite the terms of
the order for support and contain a computation of the period
and total amount of the delinquency, as of the  date  of  the
notice.   The notice shall clearly state that it will be sent
to the payor, together with a specially certified copy of the
order for withholding, except as provided in subsection  (F),
unless  the  obligor  files  a  petition  to  stay service in
accordance with paragraph (1) of subsection (D).
    (3)  The  notice  of  delinquency  shall  be  served   by
ordinary  mail  addressed  to  the obligor at his or her last
known address.
    (4)  The obligor may execute  a  written  waiver  of  the
provisions  of  paragraphs (1) through (3) of this subsection
and request immediate service upon the payor.
(D)  Procedures to Avoid Income Withholding.
    (1)  Except as provided in subsection  (F),  the  obligor
may  prevent  an  order  for withholding from being served by
filing a petition to stay  service  with  the  Clerk  of  the
Circuit  Court, within 20 days after service of the notice of
delinquency; however, the grounds for the  petition  to  stay
service  shall  be  limited  to a dispute concerning: (a) the
amount of current support or the existence or amount  of  the
delinquency; or (b) the identity of the obligor.
    The  Clerk  of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition to stay service. The
court shall hold such hearing pursuant to the  provisions  of
subsection (H).
    (2)  Except  as  provided  in subsection (F), filing of a
petition to stay service, within the 20-day  period  required
under  this  subsection, shall prohibit the obligee or public
office from serving the order for withholding on any payor of
the obligor.

(E)  Initial Service of Order for Withholding.
    (1)  Except as provided in subsection (F),  in  order  to
serve  an  order  for withholding upon a payor, an obligee or
public office shall follow the procedures set forth  in  this
subsection.  After 20 days following service of the notice of
delinquency, the obligee or public office shall file with the
Clerk of the Circuit Court an affidavit, with the copy of the
notice of delinquency attached thereto, stating:
         (a)  that  the  notice  of delinquency has been duly
    served and the date on which service was effected; and
         (b)  that the obligor has not filed  a  petition  to
    stay service, or in the alternative
         (c)  that  the  obligor has waived the provisions of
    subparagraphs (a)  and  (b)  of  this  paragraph  (1)  in
    accordance with subsection (C)(4).
    (2)  Upon  request  of  the obligee or public office, the
Clerk of the Circuit Court  shall:  (a)  make  available  any
record of payment; and (b) determine that the file contains a
copy  of the affidavit described in paragraph (1).  The Clerk
shall  then  provide  to  the  obligee  or  public  office  a
specially certified copy of the order for withholding and the
notice of delinquency indicating that the  preconditions  for
service have been met.
    (3)  The  obligee  or  public  office  may then serve the
notice of delinquency and order for withholding on the payor,
its superintendent, manager or other  agent,  by  regular  or
certified  mail  or  facsimile personal delivery.  A proof of
service shall be filed with the Clerk of the Circuit Court.

(F)  Subsequent Service of Order for Withholding.
    (1)  Notwithstanding the provisions of this  Section,  at
any  time after the court has ordered immediate service of an
order for withholding or after initial service  of  an  order
for  withholding  pursuant  to subsection (E), the obligee or
public office may serve the order for  withholding  upon  any
payor  of  the obligor without further notice to the obligor.
The obligee or public office  shall  provide  notice  to  the
payor,  pursuant  to  paragraph (6) of subsection (I), of any
payments that have been made through previous withholding  or
any other method.
    (2)  The  Clerk of the Circuit Court shall, upon request,
provide the obligee or public office with specially certified
copies  of  the  order  for  withholding  or  the  notice  of
delinquency or both whenever the Court has ordered  immediate
service  of an order for withholding or an affidavit has been
placed in the court file indicating  that  the  preconditions
for  service have been previously met.  The obligee or public
office may then serve the order for withholding on the payor,
its superintendent, manager or  other  agent  by  regular  or
certified  mail  or  facsimile personal delivery.  A proof of
service shall be filed with the Clerk of the Circuit Court.
    (3)  If a delinquency has accrued  for  any  reason,  the
obligee  or  public  office may serve a notice of delinquency
upon the obligor pursuant to subsection (C).  The obligor may
prevent the notice of delinquency from being served upon  the
payor  by  utilizing  the  procedures set forth in subsection
(D). If no petition to stay service has been filed within the
required 20 day time period, the obligee or public office may
serve the notice of delinquency on the payor by utilizing the
procedures for service set forth in subsection (E).
    (4)  New service of  an  order  for  withholding  is  not
required in order to resume withholding of income in the case
of  an  obligor with respect to whom an order for withholding
was previously served on the payor if withholding  of  income
was  terminated  because  of an interruption in the obligor's
employment of less than 180 days.

(G)  Duties of Payor.
    (1)  It shall be the duty  of  any  payor  who  has  been
served  with  a  copy  of  the  specially certified order for
withholding and any notice of delinquency to deduct  and  pay
over  income as provided in this subsection.  The payor shall
deduct the amount designated in the order for withholding, as
supplemented by the notice  of  delinquency  and  any  notice
provided   pursuant  to  paragraph  (6)  of  subsection  (I),
beginning no later than the next payment of income  which  is
payable to the obligor that occurs 14 days following the date
the  order  and  any  notice were mailed by certified mail or
placed for personal delivery.   The  payor  may  combine  all
amounts  withheld  for  the  benefit  of an obligee or public
office into a single payment and transmit the payment with  a
listing  of obligors from whom withholding has been effected.
The payor shall pay the amount withheld  to  the  obligee  or
public  office  within 10 calendar days of the date income is
paid  to  the  obligor  in  accordance  with  the  order  for
withholding and any subsequent notification received from the
public office redirecting payments. If  the  payor  knowingly
fails  to  pay  any  amount withheld to the obligee or public
office within 10 calendar days of the date income is paid  to
the  obligor,  the payor shall pay a penalty of $100 for each
day that the withheld amount is not paid to  the  obligee  or
public  office  after  the  period  of  10  calendar days has
expired.  The failure of a payor, on more than one  occasion,
to  pay  amounts  withheld  to  the  obligee or public office
within 10 calendar days of the date income  is  paid  to  the
obligor creates a presumption that the payor knowingly failed
to pay the amounts.  This penalty may be collected in a civil
action which may be brought against the payor in favor of the
obligee.  A  finding  of  a payor's nonperformance within the
time required under this Section  must  be  documented  by  a
certified  mail return receipt showing the date the order for
withholding was served on the payor.  For  purposes  of  this
Section,  a  withheld  amount  shall  be considered paid by a
payor on the date it is mailed by the payor, or on  the  date
an electronic funds transfer of the amount has been initiated
by  the payor, or on the date delivery of the amount has been
initiated by the payor. For each deduction, the  payor  shall
provide  the  obligee  or  public  office,  at  the  time  of
transmittal, with the date income was paid from which support
was withheld.
    Upon  receipt of an order requiring that a minor child be
named as a beneficiary of a health insurance  plan  available
through  an  employer  or  labor  union  or  trade union, the
employer or labor union  or  trade  union  shall  immediately
enroll  the  minor  child  as  a  beneficiary  in  the health
insurance plan designated by the court  order.  The  employer
shall withhold any required premiums and pay over any amounts
so  withheld  and any additional amounts the employer pays to
the insurance carrier in a timely manner.   The  employer  or
labor  union or trade union shall mail to the obligee, within
15 days of enrollment or upon request, notice of the date  of
coverage, information on the dependent coverage plan, and all
forms  necessary  to  obtain reimbursement for covered health
expenses, such as would be made available to a new  employee.
When  an  order  for  dependent coverage is in effect and the
insurance coverage is terminated or changed for  any  reason,
the  employer  or labor union or trade union shall notify the
obligee within 10 days of  the  termination  or  change  date
along with notice of conversion privileges.
    For withholding of income, the payor shall be entitled to
receive a fee not to exceed $5 per month to be taken from the
income to be paid to the obligor.
    (2)  Whenever  the  obligor is no longer receiving income
from the payor, the payor shall return a copy  of  the  order
for  withholding  to  the  obligee or public office and shall
provide  information  for  the  purpose  of  enforcing   this
Section.
    (3)  Withholding  of  income  under this Section shall be
made without regard to any prior or subsequent  garnishments,
attachments,   wage  assignments,  or  any  other  claims  of
creditors.  Withholding of income under  this  Section  shall
not  be  in excess of the maximum amounts permitted under the
federal Consumer Credit Protection Act. If the payor has been
served with more than one order for withholding pertaining to
the same obligor, the payor shall allocate  income  available
for  withholding  on  a  proportionate  share  basis,  giving
priority to current support payments.  If there is any income
available  for  withholding after withholding for all current
support obligations, the payor shall allocate the  income  to
past  due  support  payments  ordered in non-AFDC matters and
then to past due support payments ordered  in  AFDC  matters,
both  on  a proportionate share basis. Payment as required by
the order for withholding shall be a complete defense by  the
payor  against  any claims of the obligor or his creditors as
to the sum so paid.
    (4)  No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor  because  of  the  duty  to
withhold income.

(H)  Petitions  to  Stay  Service  or  to  Modify, Suspend or
Terminate Orders for Withholding.
    (1)  When an obligor files a petition  to  stay  service,
the  court,  after  due notice to all parties, shall hear the
matter as soon  as  practicable  and  shall  enter  an  order
granting   or   denying   relief,   amending  the  notice  of
delinquency,  amending  the  order  for  withholding,   where
applicable,  or otherwise resolving the matter.  If the court
finds  that  a  delinquency  existed  when  the   notice   of
delinquency  was  served upon the obligor, in an amount of at
least one month's support obligation, or that the obligor was
at least 30 days late in paying all or part of the order  for
support, the court shall order immediate service of the order
for withholding.  Where the court cannot promptly resolve any
dispute  over  the  amount  of the delinquency, the court may
order immediate service of the order for  withholding  as  to
any  undisputed  amounts  specified  in  an amended notice of
delinquency, and may continue the  hearing  on  the  disputed
amounts.
    (2)  At  any  time, an obligor, obligee, public office or
Clerk of the Circuit Court may petition the court to:
         (a)  modify, suspend  or  terminate  the  order  for
    withholding  because  of  a  modification,  suspension or
    termination of the underlying order for support; or
         (b)  modify the amount of income to be  withheld  to
    reflect  payment in full or in part of the delinquency or
    arrearage by income withholding or otherwise; or
         (c)  suspend the order for  withholding  because  of
    inability  to  deliver income withheld to the obligee due
    to the obligee's failure to provide a mailing address  or
    other means of delivery.
    (3)  The obligor, obligee or public office shall serve on
the  payor, by certified mail or personal delivery, a copy of
any order entered pursuant to this  subsection  that  affects
the duties of the payor.
    (4)  At any time, a public office or Clerk of the Circuit
Court may serve a notice on the payor to:
         (a)  cease  withholding  of  income  for  payment of
    current support for a child when the  support  obligation
    for  that  child has automatically ceased under the order
    for support through emancipation or otherwise; or
         (b)  cease withholding  of  income  for  payment  of
    delinquency   or   arrearage   when  the  delinquency  or
    arrearage has been paid in full.
    (5)  The notice provided for under paragraph (4) of  this
subsection shall be served on the payor by ordinary mail, and
a  copy  shall be provided to the obligor and the obligee.  A
copy of the notice shall be  filed  with  the  Clerk  of  the
Circuit Court.
    (6)  The  order  for  withholding  shall  continue  to be
binding upon the payor until service  of  any  order  of  the
court   or   notice   entered  or  provided  for  under  this
subsection.

(I)  Additional Duties.
    (1)  An  obligee  who  is  receiving  income  withholding
payments under this Section shall notify the  payor,  if  the
obligee receives the payments directly from the payor, or the
public   office  or  the  Clerk  of  the  Circuit  Court,  as
appropriate, of any change of address within 7 days  of  such
change.
    (2)  An  obligee  who  is a recipient of public aid shall
send a copy of any notice of delinquency  filed  pursuant  to
subsection (C) to the Bureau of Child Support of the Illinois
Department of Public Aid.
    (3)  Each  obligor shall notify the obligee and the Clerk
of the Circuit Court of any change of address within 7 days.
    (4)  An obligor whose income is being withheld or who has
been served with a notice of  delinquency  pursuant  to  this
Section shall notify the obligee and the Clerk of the Circuit
Court of any new payor, within 7 days.
    (5)  When  the  Illinois  Department  of Public Aid is no
longer authorized to receive payments  for  the  obligee,  it
shall, within 7 days, notify the payor or, where appropriate,
the   Clerk   of   the  Circuit  Court,  to  redirect  income
withholding payments to the obligee.
    (6)  The obligee or public office shall provide notice to
the payor and Clerk of the Circuit Court of any other support
payment made, including but not limited to, a  set-off  under
federal  and  State law or partial payment of the delinquency
or arrearage, or both.
    (7)  Any public office and Clerk  of  the  Circuit  Court
which  collects,  disburses  or receives payments pursuant to
orders for withholding shall maintain complete, accurate, and
clear  records  of  all  payments  and  their  disbursements.
Certified copies of payment records maintained  by  a  public
office  or  Clerk of the Circuit Court shall, without further
proof, be admitted into evidence  in  any  legal  proceedings
under this Section.
    (8)  The  Illinois  Department of Public Aid shall design
suggested legal forms for proceeding under this  Section  and
shall   make   available   to   the  courts  such  forms  and
informational materials which  describe  the  procedures  and
remedies  set forth herein for distribution to all parties in
support actions.
    (9)  At the time of transmitting  each  support  payment,
the  clerk  of the circuit court shall provide the obligee or
public office, as appropriate, with any information furnished
by the payor as to the date income was paid from  which  such
support was withheld.

(J)  Penalties.
    (1)  Where a payor wilfully fails to withhold or pay over
income  pursuant  to  a  properly served, specially certified
order for withholding  and  any  notice  of  delinquency,  or
wilfully   discharges,   disciplines,   refuses  to  hire  or
otherwise penalizes an obligor as  prohibited  by  subsection
(G),  or otherwise fails to comply with any duties imposed by
this Section, the  obligee,  public  office  or  obligor,  as
appropriate,  may file a complaint with the court against the
payor.  The clerk of  the  circuit  court  shall  notify  the
obligee or public office, as appropriate, and the obligor and
payor  of the time and place of the hearing on the complaint.
The court shall resolve any factual  dispute  including,  but
not limited to, a denial that the payor is paying or has paid
income  to  the  obligor.   Upon  a  finding  in favor of the
complaining party, the court:
         (a)  shall enter judgment and order the  enforcement
    thereof  for  the  total  amount  that the payor wilfully
    failed to withhold or pay over; and
         (b)  may order employment  or  reinstatement  of  or
    restitution  to  the  obligor, or both, where the obligor
    has been discharged, disciplined,  denied  employment  or
    otherwise  penalized  by  the payor and may impose a fine
    upon the payor not to exceed $200.
    (2)  Any obligee, public office or obligor  who  wilfully
initiates  a  false  proceeding  under  this  Section  or who
wilfully fails  to  comply  with  the  requirements  of  this
Section shall be punished as in cases of contempt of court.

(K)  Alternative Procedures for Entry and Service of an Order
for Withholding.
    (1)  Effective January 1, 1987, in any matter in which an
order  for  withholding  has not been entered for any reason,
based upon the last order for support that has been  entered,
and  in which the obligor has become delinquent in payment of
an amount equal to at least one  month's  support  obligation
pursuant to the last order for support or is at least 30 days
late  in complying with all or part of the order for support,
the obligee or public office may prepare and serve  an  order
for  withholding pursuant to the procedures set forth in this
subsection.
    (2)  The obligee or public office shall:
         (a)  prepare a proposed order  for  withholding  for
    immediate  service  as provided by paragraphs (1) and (3)
    of  subsection  (B),  except   that   the   minimum   20%
    delinquency payment shall be used;
         (b)  prepare  a notice of delinquency as provided by
    paragraphs (1) and (2)  of  subsection  (C),  except  the
    notice shall state further that the order for withholding
    has  not  been  entered  by  the court and the conditions
    under which the order will be entered; and
         (c)  serve  the  notice  of  delinquency  and   form
    petition  to stay service as provided by paragraph (3) of
    subsection (C), together  with  the  proposed  order  for
    withholding, which shall be marked "COPY ONLY".
    (3)  After  20  days  following  service of the notice of
delinquency and proposed order for withholding,  in  lieu  of
the  provisions  of  subsection  (E),  the  obligee or public
office shall file with the Clerk  of  the  Circuit  Court  an
affidavit,  with  a  copy  of  the  notice of delinquency and
proposed order  for  withholding  attached  thereto,  stating
that:
         (a)  the  notice  of  delinquency and proposed order
    for withholding have been served upon the obligor and the
    date on which service was effected;
         (b)  the obligor has not filed a  petition  to  stay
    service  within  20  days  of  service of such notice and
    order; and
         (c)  the proposed order for  withholding  accurately
    states  the terms and amounts contained in the last order
    for support.
    (4)  Upon the court's satisfaction  that  the  procedures
set  forth  in  this subsection have been met, it shall enter
the order for withholding.
    (5)  The Clerk shall  then  provide  to  the  obligee  or
public  office  a  specially  certified copy of the order for
withholding and the notice of delinquency indicating that the
preconditions for service have been met.
    (6)  The  obligee  or  public  office  shall  serve   the
specially  certified  copies of the order for withholding and
the notice of delinquency on the payor,  its  superintendent,
manager   or  other  agent  by  certified  mail  or  personal
delivery.  A proof of service shall be filed with  the  Clerk
of the Circuit Court.
    (7)  If  the  obligor  requests  in  writing  that income
withholding become effective prior to becoming delinquent  in
payment  of an amount equal to one month's support obligation
pursuant to the last order for support, or prior to  becoming
30  days late in paying all or part of the order for support,
the obligee or public office shall file an affidavit with the
Clerk of  the  circuit  Court,  with  a  proposed  order  for
withholding   attached,   stating  that  the  proposed  order
accurately states the terms and amounts contained in the last
order for support and the  obligor's  request  for  immediate
service.    The  provisions  of paragraphs (4) through (6) of
this  subsection  shall  apply,  except  that  a  notice   of
delinquency shall not be required.
    (8)  All  other  provisions  of  this  Section  shall  be
applicable  with respect to the provisions of this subsection
(K), except that under paragraph (1) of subsection  (H),  the
court  may  also  amend the proposed order for withholding to
conform to the last order for support.
    (9)  Nothing in this subsection  shall  be  construed  as
limiting  the requirements of paragraph (1) of subsection (B)
with respect to the entry of a separate order for withholding
upon entry of any order for support.

(L)  Remedies in Addition to Other Laws.
    (1)  The rights, remedies, duties and  penalties  created
by  this  Section  are in addition to and not in substitution
for any other rights, remedies, duties and penalties  created
by any other law.
    (2)  Nothing  in  this  Section  shall  be  construed  as
invalidating  any  assignment  of  wages or benefits executed
prior to July 1, 1985.
(Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26;  88-45;
88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)

    (Text of Section after amendment by P.A.89-507)
    Sec.  20.  Withholding  of  Income  to  Secure Payment of
Support.

(A)  Definitions.
    (1)  "Order for support" means any  order  of  the  court
which  provides for periodic payment of funds for the support
of a child, whether temporary or final, and includes any such
order which provides for:
         (a)  modification or resumption of,  or  payment  of
    arrearage accrued under, a previously existing order;
         (b)  reimbursement of support;
         (c)  payment  or  reimbursement  of  the  expense of
    pregnancy and delivery;  or
         (d)  enrollment in a health insurance plan  that  is
    available  to  the  obligor  through an employer or labor
    union or trade union.
    (2)  "Arrearage" means the total amount of unpaid support
obligations.
    (3)  "Delinquency" means any payment under an  order  for
support  which  becomes due and remains unpaid after an order
for withholding has been entered under subsection (B) or, for
purposes of subsection (K), after the last order for  support
was entered for which no order for withholding was entered.
    (4)  "Income"  means  any  form of periodic payment to an
individual, regardless of source, including, but not  limited
to: wages, salary, commission, compensation as an independent
contractor,  workers'  compensation,  disability, annuity and
retirement  benefits,   lottery   prize   awards,   insurance
proceeds,  vacation pay, bonuses, profit-sharing payments and
any other payments,  made  by  any  person,  private  entity,
federal  or  state  government, any unit of local government,
school district or any entity created by Public Act; however,
"income" excludes:
         (a)  any amounts required by  law  to  be  withheld,
    other  than  creditor  claims, including, but not limited
    to, federal, State and local taxes, Social  Security  and
    other retirement and disability contributions;
         (b)  union dues;
         (c)  any  amounts  exempted  by the federal Consumer
    Credit Protection Act;
         (d)  public assistance payments; and
         (e)  unemployment  insurance  benefits   except   as
    provided by law.
    Any  other  State  or  local  laws  which limit or exempt
income or the amount or percentage  of  income  that  can  be
withheld shall not apply.
    (5)  "Obligor"  means  the  individual who owes a duty to
make payments under an order for support.
    (6)  "Obligee" means the individual to  whom  a  duty  of
support is owed or the individual's legal representative.
    (7)  "Payor" means any payor of income to an obligor.

    (8)  "Public  office"  means  any elected official or any
State or local agency which is or may become  responsible  by
law  for enforcement of, or which is or may become authorized
to enforce, an order for support, including, but not  limited
to:  the  Attorney General, the Illinois Department of Public
Aid, the Illinois Department of Human Services, the  Illinois
Department  of  Children and Family Services, and the various
State's  Attorneys,  Clerks  of   the   Circuit   Court   and
supervisors of general assistance.
    (9)  "Premium"  means  the  dollar  amount  for which the
obligor is liable to his employer or  labor  union  or  trade
union and which must be paid to enroll or maintain a child in
a  health  insurance  plan  that  is available to the obligor
through an employer or labor union or trade union.

(B)  Entry of an Order for Withholding.
    (1)  Upon entry of any order for support on or after July
1,  1985,  the  court  shall  enter  a  separate  order   for
withholding  which  shall  not take effect unless the obligor
becomes delinquent in paying the order  for  support  or  the
obligor  requests  an earlier effective date; except that the
court may require the order for withholding  to  take  effect
immediately.
    On  or after January 1, 1989, the court shall require the
order for withholding to take effect  immediately,  unless  a
written  agreement  is  reached  between  and  signed by both
parties providing for an  alternative  arrangement,  approved
and  entered  into  the  record  by  the court, which insures
payment of support.  In that case, the court shall enter  the
order  for  withholding which will not take effect unless the
obligor becomes delinquent in paying the order for support.
    Upon entry of any order of support on or after  September
11,  1989, if the obligor is not a United States citizen, the
obligor shall  provide  to  the  court  the  obligor's  alien
registration  number,  passport  number,  and  home country's
social security or national health number, if applicable; the
court shall make the information part of the  record  in  the
case.
    (2)  An  order  for  withholding  shall  be  entered upon
petition by the obligee or public office where an  order  for
withholding has not been previously entered.
    (3)  The order for withholding shall:
         (a)  direct  any  payor  to withhold a dollar amount
    equal to the order for support; and
         (b)  direct any  payor  to  withhold  an  additional
    dollar  amount,  not  less  than  20%  of  the  order for
    support, until payment in full of any delinquency  stated
    in  the  notice of delinquency provided for in subsection
    (C) or (F) of this Section; and
         (c)  direct any payor or labor union or trade  union
    to  enroll a child as a beneficiary of a health insurance
    plan and withhold or cause to be withheld, if applicable,
    any required premiums; and
         (d)  state the rights, remedies and  duties  of  the
    obligor under this Section; and
         (e)  include  the  obligor's Social Security Number,
    which the obligor shall disclose to the court; and
         (f)  include the date that withholding  for  current
    support   terminates,   which   shall   be  the  date  of
    termination of the current support obligation  set  forth
    in the order for support.
    (4)  At  the  time  the order for withholding is entered,
the Clerk of the Circuit Court shall provide a  copy  of  the
order  for  withholding  and  the  order  for  support to the
obligor and shall make copies available to  the  obligee  and
public  office.   Any  copy  of  the  order  for  withholding
furnished  to  the  parties  under  this  subsection shall be
stamped "Not Valid".
    (5)  The order for withholding shall remain in effect for
as long as the order for support upon which it is based.
    (6)  The failure of an order for withholding to state  an
arrearage  is  not  conclusive  of  the  issue  of whether an
arrearage is owing.
    (7)  Notwithstanding the provisions of  this  subsection,
if  the court finds at the time of any hearing that arrearage
has accrued in an  amount  equal  to  at  least  one  month's
support  obligation  or  that  the obligor is 30 days late in
paying all or part of the order for support, the court  shall
order immediate service of the order for withholding upon the
payor.
    (8)  Where  the court has not required that the order for
withholding take effect immediately, the  obligee  or  public
office   may   prepare  and  serve  a  notice  for  immediate
withholding upon the obligor by ordinary  mail  addressed  to
the  obligor  at  his  or her last known address.  The notice
shall state that the following circumstances have occurred:
         (a)  The parties'  written  agreement  providing  an
    alternative  arrangement  to  immediate withholding under
    paragraph (1) of this subsection no longer  provides  for
    timely payment of all support due; or
         (b)  The  obligor  has  not  made timely payments in
    that the obligor has been at least 7 days late in  paying
    all  or  part  of the order for support any of the last 6
    consecutive dates payments were due prior to the date  of
    the notice for immediate withholding.
    The  notice for immediate withholding shall clearly state
that a specially certified copy of the order for  withholding
will  be  sent  to  the  payor,  unless  the  obligor files a
petition contesting  immediate  withholding  within  20  days
after  service  of  the  notice; however, the grounds for the
petition shall be limited to a dispute concerning whether the
circumstances stated in  the  notice  have  occurred  or  the
identity  of  the  obligor.   It shall not be grounds for the
petition that the obligor has made all payments  due  by  the
date of the petition.
    If  the  obligor  files  a  petition contesting immediate
withholding within the  20-day  period  required  under  this
paragraph,  the  Clerk  of the Circuit Court shall notify the
obligor and the obligee or public office, as appropriate,  of
the  time  and  place  of  the hearing on the petition.  Upon
hearing the petition, the court shall enter an order granting
or denying relief.  It shall not be grounds for granting  the
obligor's  petition  that he or she has made all payments due
by the date of hearing.  If the court  denies  the  obligor's
petition,  it  shall order immediate service of the order for
withholding and direct  the  clerk  to  provide  a  specially
certified copy of the order for withholding to the obligee or
public  office indicating that the requirements for immediate
withholding under this paragraph have been met.
    If the  obligor  does  not  file  a  petition  contesting
immediate  withholding  within the 20-day period, the obligee
or public office shall file with the  Clerk  of  the  Circuit
Court  an  affidavit, with a copy of the notice for immediate
withholding attached thereto, stating  that  the  notice  was
duly  served  and the date on which service was effected, and
that  the  obligor  has  not  filed  a  petition   contesting
immediate  withholding.   The clerk shall then provide to the
obligee or public office a specially certified  copy  of  the
order  for  withholding  indicating that the requirements for
immediate withholding under this paragraph have been met.
    Upon receipt of a specially certified copy of  the  order
for  withholding,  the obligee or public office may serve the
order on the payor,  its  superintendent,  manager  or  other
agent,  by  certified  mail or personal delivery.  A proof of
service shall be filed with the Clerk of the Circuit Court.

(C)  Notice of Delinquency.
    (1)  Whenever an obligor becomes delinquent in payment of
an amount equal to at least one  month's  support  obligation
pursuant to the order for support or is at least 30 days late
in  complying  with  all  or  part  of the order for support,
whichever occurs first, the  obligee  or  public  office  may
prepare  and serve a verified notice of delinquency, together
with a form petition to stay service, pursuant  to  paragraph
(3) of this subsection.
    (2)  The  notice of delinquency shall recite the terms of
the order for support and contain a computation of the period
and total amount of the delinquency, as of the  date  of  the
notice.   The notice shall clearly state that it will be sent
to the payor, together with a specially certified copy of the
order for withholding, except as provided in subsection  (F),
unless  the  obligor  files  a  petition  to  stay service in
accordance with paragraph (1) of subsection (D).
    (3)  The  notice  of  delinquency  shall  be  served   by
ordinary  mail  addressed  to  the obligor at his or her last
known address.
    (4)  The obligor may execute  a  written  waiver  of  the
provisions  of  paragraphs (1) through (3) of this subsection
and request immediate service upon the payor.

(D)  Procedures to Avoid Income Withholding.
    (1)  Except as provided in subsection  (F),  the  obligor
may  prevent  an  order  for withholding from being served by
filing a petition to stay  service  with  the  Clerk  of  the
Circuit  Court, within 20 days after service of the notice of
delinquency; however, the grounds for the  petition  to  stay
service  shall  be  limited  to a dispute concerning: (a) the
amount of current support or the existence or amount  of  the
delinquency; or (b) the identity of the obligor.
    The  Clerk  of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition to stay service. The
court shall hold such hearing pursuant to the  provisions  of
subsection (H).
    (2)  Except  as  provided  in subsection (F), filing of a
petition to stay service, within the 20-day  period  required
under  this  subsection, shall prohibit the obligee or public
office from serving the order for withholding on any payor of
the obligor.

(E)  Initial Service of Order for Withholding.
    (1)  Except as provided in subsection (F),  in  order  to
serve  an  order  for withholding upon a payor, an obligee or
public office shall follow the procedures set forth  in  this
subsection.  After 20 days following service of the notice of
delinquency, the obligee or public office shall file with the
Clerk of the Circuit Court an affidavit, with the copy of the
notice of delinquency attached thereto, stating:
         (a)  that  the  notice  of delinquency has been duly
    served and the date on which service was effected; and
         (b)  that the obligor has not filed  a  petition  to
    stay service, or in the alternative
         (c)  that  the  obligor has waived the provisions of
    subparagraphs (a)  and  (b)  of  this  paragraph  (1)  in
    accordance with subsection (C)(4).
    (2)  Upon  request  of  the obligee or public office, the
Clerk of the Circuit Court  shall:  (a)  make  available  any
record of payment; and (b) determine that the file contains a
copy  of the affidavit described in paragraph (1).  The Clerk
shall  then  provide  to  the  obligee  or  public  office  a
specially certified copy of the order for withholding and the
notice of delinquency indicating that the  preconditions  for
service have been met.
    (3)  The  obligee  or  public  office  may then serve the
notice of delinquency and order for withholding on the payor,
its superintendent, manager or other  agent,  by  regular  or
certified  mail  or  facsimile personal delivery.  A proof of
service shall be filed with the Clerk of the Circuit Court.
(F)  Subsequent Service of Order for Withholding.
    (1)  Notwithstanding the provisions of this  Section,  at
any  time after the court has ordered immediate service of an
order for withholding or after initial service  of  an  order
for  withholding  pursuant  to subsection (E), the obligee or
public office may serve the order for  withholding  upon  any
payor  of  the obligor without further notice to the obligor.
The obligee or public office  shall  provide  notice  to  the
payor,  pursuant  to  paragraph (6) of subsection (I), of any
payments that have been made through previous withholding  or
any other method.
    (2)  The  Clerk of the Circuit Court shall, upon request,
provide the obligee or public office with specially certified
copies  of  the  order  for  withholding  or  the  notice  of
delinquency or both whenever the Court has ordered  immediate
service  of an order for withholding or an affidavit has been
placed in the court file indicating  that  the  preconditions
for  service have been previously met.  The obligee or public
office may then serve the order for withholding on the payor,
its superintendent, manager or  other  agent  by  regular  or
certified  mail  or  facsimile personal delivery.  A proof of
service shall be filed with the Clerk of the Circuit Court.
    (3)  If a delinquency has accrued  for  any  reason,  the
obligee  or  public  office may serve a notice of delinquency
upon the obligor pursuant to subsection (C).  The obligor may
prevent the notice of delinquency from being served upon  the
payor  by  utilizing  the  procedures set forth in subsection
(D). If no petition to stay service has been filed within the
required 20 day time period, the obligee or public office may
serve the notice of delinquency on the payor by utilizing the
procedures for service set forth in subsection (E).
    (4)  New service of  an  order  for  withholding  is  not
required in order to resume withholding of income in the case
of  an  obligor with respect to whom an order for withholding
was previously served on the payor if withholding  of  income
was  terminated  because  of an interruption in the obligor's
employment of less than 180 days.

(G)  Duties of Payor.
    (1)  It shall be the duty  of  any  payor  who  has  been
served  with  a  copy  of  the  specially certified order for
withholding and any notice of delinquency to deduct  and  pay
over  income as provided in this subsection.  The payor shall
deduct the amount designated in the order for withholding, as
supplemented by the notice  of  delinquency  and  any  notice
provided   pursuant  to  paragraph  (6)  of  subsection  (I),
beginning no later than the next payment of income  which  is
payable to the obligor that occurs 14 days following the date
the  order  and  any  notice were mailed by certified mail or
placed for personal delivery.   The  payor  may  combine  all
amounts  withheld  for  the  benefit  of an obligee or public
office into a single payment and transmit the payment with  a
listing  of obligors from whom withholding has been effected.
The payor shall pay the amount withheld  to  the  obligee  or
public  office  within 10 calendar days of the date income is
paid  to  the  obligor  in  accordance  with  the  order  for
withholding and any subsequent notification received from the
public office redirecting payments. If  the  payor  knowingly
fails  to  pay  any  amount withheld to the obligee or public
office within 10 calendar days of the date income is paid  to
the  obligor,  the payor shall pay a penalty of $100 for each
day that the withheld amount is not paid to  the  obligee  or
public  office  after  the  period  of  10  calendar days has
expired.  The failure of a payor, on more than one  occasion,
to  pay  amounts  withheld  to  the  obligee or public office
within 10 calendar days of the date income  is  paid  to  the
obligor creates a presumption that the payor knowingly failed
to pay the amounts.  This penalty may be collected in a civil
action which may be brought against the payor in favor of the
obligee.  A  finding  of  a payor's nonperformance within the
time required under this Section  must  be  documented  by  a
certified  mail return receipt showing the date the order for
withholding was served on the payor.  For  purposes  of  this
Section,  a  withheld  amount  shall  be considered paid by a
payor on the date it is mailed by the payor, or on  the  date
an electronic funds transfer of the amount has been initiated
by  the payor, or on the date delivery of the amount has been
initiated by the payor. For each deduction, the  payor  shall
provide  the  obligee  or  public  office,  at  the  time  of
transmittal, with the date income was paid from which support
was withheld.
    Upon  receipt of an order requiring that a minor child be
named as a beneficiary of a health insurance  plan  available
through  an  employer  or  labor  union  or  trade union, the
employer or labor union  or  trade  union  shall  immediately
enroll  the  minor  child  as  a  beneficiary  in  the health
insurance plan designated by the court  order.  The  employer
shall withhold any required premiums and pay over any amounts
so  withheld  and any additional amounts the employer pays to
the insurance carrier in a timely manner.   The  employer  or
labor  union or trade union shall mail to the obligee, within
15 days of enrollment or upon request, notice of the date  of
coverage, information on the dependent coverage plan, and all
forms  necessary  to  obtain reimbursement for covered health
expenses, such as would be made available to a new  employee.
When  an  order  for  dependent coverage is in effect and the
insurance coverage is terminated or changed for  any  reason,
the  employer  or labor union or trade union shall notify the
obligee within 10 days of  the  termination  or  change  date
along with notice of conversion privileges.
    For withholding of income, the payor shall be entitled to
receive a fee not to exceed $5 per month to be taken from the
income to be paid to the obligor.
    (2)  Whenever  the  obligor is no longer receiving income
from the payor, the payor shall return a copy  of  the  order
for  withholding  to  the  obligee or public office and shall
provide  information  for  the  purpose  of  enforcing   this
Section.
    (3)  Withholding  of  income  under this Section shall be
made without regard to any prior or subsequent  garnishments,
attachments,   wage  assignments,  or  any  other  claims  of
creditors.  Withholding of income under  this  Section  shall
not  be  in excess of the maximum amounts permitted under the
federal Consumer Credit Protection Act. If the payor has been
served with more than one order for withholding pertaining to
the same obligor, the payor shall allocate  income  available
for  withholding  on  a  proportionate  share  basis,  giving
priority to current support payments.  If there is any income
available  for  withholding after withholding for all current
support obligations, the payor shall allocate the  income  to
past  due  support  payments  ordered in non-AFDC matters and
then to past due support payments ordered  in  AFDC  matters,
both  on  a proportionate share basis. Payment as required by
the order for withholding shall be a complete defense by  the
payor  against  any claims of the obligor or his creditors as
to the sum so paid.
    (4)  No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor  because  of  the  duty  to
withhold income.

(H)  Petitions  to  Stay  Service  or  to  Modify, Suspend or
Terminate Orders for Withholding.
    (1)  When an obligor files a petition  to  stay  service,
the  court,  after  due notice to all parties, shall hear the
matter as soon  as  practicable  and  shall  enter  an  order
granting   or   denying   relief,   amending  the  notice  of
delinquency,  amending  the  order  for  withholding,   where
applicable,  or otherwise resolving the matter.  If the court
finds  that  a  delinquency  existed  when  the   notice   of
delinquency  was  served upon the obligor, in an amount of at
least one month's support obligation, or that the obligor was
at least 30 days late in paying all or part of the order  for
support, the court shall order immediate service of the order
for withholding.  Where the court cannot promptly resolve any
dispute  over  the  amount  of the delinquency, the court may
order immediate service of the order for  withholding  as  to
any  undisputed  amounts  specified  in  an amended notice of
delinquency, and may continue the  hearing  on  the  disputed
amounts.
    (2)  At  any  time, an obligor, obligee, public office or
Clerk of the Circuit Court may petition the court to:
         (a)  modify, suspend  or  terminate  the  order  for
    withholding  because  of  a  modification,  suspension or
    termination of the underlying order for support; or
         (b)  modify the amount of income to be  withheld  to
    reflect  payment in full or in part of the delinquency or
    arrearage by income withholding or otherwise; or
         (c)  suspend the order for  withholding  because  of
    inability  to  deliver income withheld to the obligee due
    to the obligee's failure to provide a mailing address  or
    other means of delivery.
    (3)  The obligor, obligee or public office shall serve on
the  payor, by certified mail or personal delivery, a copy of
any order entered pursuant to this  subsection  that  affects
the duties of the payor.
    (4)  At any time, a public office or Clerk of the Circuit
Court may serve a notice on the payor to:
         (a)  cease  withholding  of  income  for  payment of
    current support for a child when the  support  obligation
    for  that  child has automatically ceased under the order
    for support through emancipation or otherwise; or
         (b)  cease withholding  of  income  for  payment  of
    delinquency   or   arrearage   when  the  delinquency  or
    arrearage has been paid in full.
    (5)  The notice provided for under paragraph (4) of  this
subsection shall be served on the payor by ordinary mail, and
a  copy  shall be provided to the obligor and the obligee.  A
copy of the notice shall be  filed  with  the  Clerk  of  the
Circuit Court.
    (6)  The  order  for  withholding  shall  continue  to be
binding upon the payor until service  of  any  order  of  the
court   or   notice   entered  or  provided  for  under  this
subsection.

(I)  Additional Duties.
    (1)  An  obligee  who  is  receiving  income  withholding
payments under this Section shall notify the  payor,  if  the
obligee receives the payments directly from the payor, or the
public   office  or  the  Clerk  of  the  Circuit  Court,  as
appropriate, of any change of address within 7 days  of  such
change.
    (2)  An  obligee  who  is a recipient of public aid shall
send a copy of any notice of delinquency  filed  pursuant  to
subsection (C) to the Bureau of Child Support of the Illinois
Department of Public Aid.
    (3)  Each  obligor shall notify the obligee and the Clerk
of the Circuit Court of any change of address within 7 days.
    (4)  An obligor whose income is being withheld or who has
been served with a notice of  delinquency  pursuant  to  this
Section shall notify the obligee and the Clerk of the Circuit
Court of any new payor, within 7 days.
    (5)  When  the  Illinois  Department  of Public Aid is no
longer authorized to receive payments  for  the  obligee,  it
shall, within 7 days, notify the payor or, where appropriate,
the   Clerk   of   the  Circuit  Court,  to  redirect  income
withholding payments to the obligee.
    (6)  The obligee or public office shall provide notice to



the payor and Clerk of the Circuit Court of any other support
payment made, including but not limited to, a  set-off  under
federal  and  State law or partial payment of the delinquency
or arrearage, or both.
    (7)  Any public office and Clerk  of  the  Circuit  Court
which  collects,  disburses  or receives payments pursuant to
orders for withholding shall maintain complete, accurate, and
clear  records  of  all  payments  and  their  disbursements.
Certified copies of payment records maintained  by  a  public
office  or  Clerk of the Circuit Court shall, without further
proof, be admitted into evidence  in  any  legal  proceedings
under this Section.
    (8)  The  Illinois  Department of Public Aid shall design
suggested legal forms for proceeding under this  Section  and
shall   make   available   to   the  courts  such  forms  and
informational materials which  describe  the  procedures  and
remedies  set forth herein for distribution to all parties in
support actions.
    (9)  At the time of transmitting  each  support  payment,
the  clerk  of the circuit court shall provide the obligee or
public office, as appropriate, with any information furnished
by the payor as to the date income was paid from  which  such
support was withheld.

(J)  Penalties.
    (1)  Where a payor wilfully fails to withhold or pay over
income  pursuant  to  a  properly served, specially certified
order for withholding  and  any  notice  of  delinquency,  or
wilfully   discharges,   disciplines,   refuses  to  hire  or
otherwise penalizes an obligor as  prohibited  by  subsection
(G),  or otherwise fails to comply with any duties imposed by
this Section, the  obligee,  public  office  or  obligor,  as
appropriate,  may file a complaint with the court against the
payor.  The clerk of  the  circuit  court  shall  notify  the
obligee or public office, as appropriate, and the obligor and
payor  of the time and place of the hearing on the complaint.
The court shall resolve any factual  dispute  including,  but
not limited to, a denial that the payor is paying or has paid
income  to  the  obligor.   Upon  a  finding  in favor of the
complaining party, the court:
         (a)  shall enter judgment and order the  enforcement
    thereof  for  the  total  amount  that the payor wilfully
    failed to withhold or pay over; and
         (b)  may order employment  or  reinstatement  of  or
    restitution  to  the  obligor, or both, where the obligor
    has been discharged, disciplined,  denied  employment  or
    otherwise  penalized  by  the payor and may impose a fine
    upon the payor not to exceed $200.
    (2)  Any obligee, public office or obligor  who  wilfully
initiates  a  false  proceeding  under  this  Section  or who
wilfully fails  to  comply  with  the  requirements  of  this
Section shall be punished as in cases of contempt of court.

(K)  Alternative Procedures for Entry and Service of an Order
for Withholding.
    (1)  Effective January 1, 1987, in any matter in which an
order  for  withholding  has not been entered for any reason,
based upon the last order for support that has been  entered,
and  in which the obligor has become delinquent in payment of
an amount equal to at least one  month's  support  obligation
pursuant to the last order for support or is at least 30 days
late  in complying with all or part of the order for support,
the obligee or public office may prepare and serve  an  order
for  withholding pursuant to the procedures set forth in this
subsection.
    (2)  The obligee or public office shall:
         (a)  prepare a proposed order  for  withholding  for
    immediate  service  as provided by paragraphs (1) and (3)
    of  subsection  (B),  except   that   the   minimum   20%
    delinquency payment shall be used;
         (b)  prepare  a notice of delinquency as provided by
    paragraphs (1) and (2)  of  subsection  (C),  except  the
    notice shall state further that the order for withholding
    has  not  been  entered  by  the court and the conditions
    under which the order will be entered; and
         (c)  serve  the  notice  of  delinquency  and   form
    petition  to stay service as provided by paragraph (3) of
    subsection (C), together  with  the  proposed  order  for
    withholding, which shall be marked "COPY ONLY".
    (3)  After  20  days  following  service of the notice of
delinquency and proposed order for withholding,  in  lieu  of
the  provisions  of  subsection  (E),  the  obligee or public
office shall file with the Clerk  of  the  Circuit  Court  an
affidavit,  with  a  copy  of  the  notice of delinquency and
proposed order  for  withholding  attached  thereto,  stating
that:
         (a)  the  notice  of  delinquency and proposed order
    for withholding have been served upon the obligor and the
    date on which service was effected;
         (b)  the obligor has not filed a  petition  to  stay
    service  within  20  days  of  service of such notice and
    order; and
         (c)  the proposed order for  withholding  accurately
    states  the terms and amounts contained in the last order
    for support.
    (4)  Upon the court's satisfaction  that  the  procedures
set  forth  in  this subsection have been met, it shall enter
the order for withholding.
    (5)  The Clerk shall  then  provide  to  the  obligee  or
public  office  a  specially  certified copy of the order for
withholding and the notice of delinquency indicating that the
preconditions for service have been met.
    (6)  The  obligee  or  public  office  shall  serve   the
specially  certified  copies of the order for withholding and
the notice of delinquency on the payor,  its  superintendent,
manager   or  other  agent  by  certified  mail  or  personal
delivery.  A proof of service shall be filed with  the  Clerk
of the Circuit Court.
    (7)  If  the  obligor  requests  in  writing  that income
withholding become effective prior to becoming delinquent  in
payment  of an amount equal to one month's support obligation
pursuant to the last order for support, or prior to  becoming
30  days late in paying all or part of the order for support,
the obligee or public office shall file an affidavit with the
Clerk of  the  circuit  Court,  with  a  proposed  order  for
withholding   attached,   stating  that  the  proposed  order
accurately states the terms and amounts contained in the last
order for support and the  obligor's  request  for  immediate
service.    The  provisions  of paragraphs (4) through (6) of
this  subsection  shall  apply,  except  that  a  notice   of
delinquency shall not be required.
    (8)  All  other  provisions  of  this  Section  shall  be
applicable  with respect to the provisions of this subsection
(K), except that under paragraph (1) of subsection  (H),  the
court  may  also  amend the proposed order for withholding to
conform to the last order for support.
    (9)  Nothing in this subsection  shall  be  construed  as
limiting  the requirements of paragraph (1) of subsection (B)
with respect to the entry of a separate order for withholding
upon entry of any order for support.

(L)  Remedies in Addition to Other Laws.
    (1)  The rights, remedies, duties and  penalties  created
by  this  Section  are in addition to and not in substitution
for any other rights, remedies, duties and penalties  created
by any other law.
    (2)  Nothing  in  this  Section  shall  be  construed  as
invalidating  any  assignment  of  wages or benefits executed
prior to July 1, 1985.
(Source: P.A. 88-26; 88-45; 88-94;  88-131;  88-307;  88-670,
eff. 12-2-94; 89-507, eff. 7-1-97.)

    Section  94.5.  The Unemployment Insurance Act is amended
by changing Sections 1300 and 1900 and adding Section  1801.1
as follows:

    (820 ILCS 405/1300) (from Ch. 48, par. 540)
    Sec.  1300.   Waiver  or  transfer  of  benefit  rights -
Partial exemption.
    (A)  Except as otherwise provided herein any agreement by
an individual to waive, release or commute his  rights  under
this Act shall be void.
    (B)  Benefits  due  under this Act shall not be assigned,
pledged, encumbered, released or commuted and shall be exempt
from all claims of creditors and  from  levy,  execution  and
attachment  or  other  remedy for recovery or collection of a
debt.  However, nothing in  this  Section  shall  prohibit  a
specified  or  agreed  upon  deduction  from  benefits  by an
individual,  or  a  court   or   administrative   order   for
withholding  of income, for payment of past due child support
from being enforced and collected by the Department of Public
Aid on behalf of persons receiving a grant of  financial  aid
under Article IV of The Illinois Public Aid Code, persons for
whom  an  application  has been made and approved for support
services  under  Section  10-1  of  such  Code,  or   persons
similarly  situated  and  receiving  like support services in
other states.   It is provided that:
         (1)  The aforementioned deduction  of  benefits  and
    order for withholding of income apply only if appropriate
    arrangements  have  been  made  for  reimbursement to the
    Director  by  the  Department  of  Public  Aid  for   any
    administrative  costs incurred by the Director under this
    Section.
         (2)  The Director shall  deduct  and  withhold  from
    benefits payable under this Act, or under any arrangement
    for  the payment of benefits entered into by the Director
    pursuant to the powers granted under Section 2700 of this
    Act, the amount specified or agreed upon.  In the case of
    a court   or  administrative  order  for  withholding  of
    income,  the  Director  shall  withhold the amount of the
    order.
         (3)  Any  amount  deducted  and  withheld   by   the
    Director shall be paid to the Department of Public Aid on
    behalf of the individual.
         (4)  Any   amount   deducted   and   withheld  under
    subsection (3) shall for all purposes be treated as if it
    were paid to the individual as benefits and paid by  such
    individual   to   the   Department   of   Public  Aid  in
    satisfaction   of   the   individual's   child    support
    obligations.
         (5)  For  the purpose of this Section, child support
    is defined as those obligations which are being  enforced
    pursuant to a plan described in Title IV, Part D, Section
    454  of  the  Social  Security  Act  and  approved by the
    Secretary of Health and Human Services.
         (6)  The  deduction  of  benefits  and   order   for
    withholding of income for child support shall be governed
    by  Titles  III and IV of the Social Security Act and all
    regulations duly promulgated thereunder.
    (C)  Nothing in this Section prohibits an individual from
voluntarily electing to have federal income tax deducted  and
withheld  from  his  or  her  unemployment  insurance benefit
payments.
         (1)  The  Director  shall,  at  the  time  that   an
    individual  files  his  or  her  claim  for benefits that
    establishes  his  or  her  benefit   year,   inform   the
    individual that:
              (a)  unemployment   insurance   is  subject  to
         federal, State, and local income taxes;
              (b)  requirements exist pertaining to estimated
         tax payments;
              (c)  the individual may elect to  have  federal
         income  tax  deducted  and  withheld from his or her
         payments of unemployment  insurance  in  the  amount
         specified in the federal Internal Revenue Code; and
              (d)  the  individual  is  permitted to change a
         previously elected withholding status no  more  than
         once each calendar year.
         (2)  Amounts deducted and withheld from unemployment
    insurance  shall  remain  in  the unemployment fund until
    transferred to the federal taxing authority as a  payment
    of income tax.
         (3)  The   Director   shall  follow  all  procedures
    specified by the United States Department  of  Labor  and
    the  federal  Internal  Revenue Service pertaining to the
    deducting and withholding of income tax.
         (4)  Amounts  shall  be  deducted  and  withheld  in
    accordance  with  the  priorities  established  in  rules
    promulgated by the Director.
    (D)  Nothing in this Section prohibits an individual from
voluntarily electing to have State  of  Illinois  income  tax
deducted  and withheld from his or her unemployment insurance
benefit  payments  if  such  deduction  and  withholding   is
provided for pursuant to rules promulgated by the Director.
         (1)  If   pursuant   to  rules  promulgated  by  the
    Director, an individual may  voluntarily  elect  to  have
    State  of  Illinois income tax deducted and withheld from
    his or her unemployment insurance benefit  payments,  the
    Director  shall, at the time that an individual files his
    or her claim for benefits that  establishes  his  or  her
    benefit   year,  in  addition  to  providing  the  notice
    required under subsection C, inform the individual that:
              (a)  the individual may elect to have State  of
         Illinois  income  tax deducted and withheld from his
         or her payments of  unemployment  insurance  in  the
         amount  specified  pursuant  to rules promulgated by
         the Director; and
              (b)  the individual is permitted  to  change  a
         previously  elected  withholding status no more than
         once each calendar year.
         (2)  Amounts deducted and withheld from unemployment
    insurance shall remain in  the  unemployment  fund  until
    transferred  to the Department of Revenue as a payment of
    State of Illinois income tax.
         (3)  Amounts  shall  be  deducted  and  withheld  in
    accordance  with  the  priorities  established  in  rules
    promulgated by the Director.
    (E)  Nothing in this Section prohibits the deduction  and
withholding  of  an  uncollected  overissuance  of food stamp
coupons from unemployment insurance benefits pursuant to this
subsection (E).
         (1)  At the time that an individual  files  a  claim
    for  benefits  that  establishes his or her benefit year,
    that individual must disclose whether or not  he  or  she
    owes  an  uncollected overissuance (as defined in Section
    13(c)(1) of the federal Food Stamp Act of 1977)  of  food
    stamp  coupons.  The Director shall notify the State food
    stamp agency enforcing such obligation of any  individual
    who   discloses  that  he  or  she  owes  an  uncollected
    overissuance of food stamp  coupons  and  who  meets  the
    monetary  eligibility  requirements  of  subsection  E of
    Section 500.
         (2)  The Director shall deduct and withhold from any
    unemployment insurance benefits payable to an  individual
    who  owes  an  uncollected  overissuance  of  food  stamp
    coupons:
              (a)  the  amount specified by the individual to
         the Director to be deducted and withheld under  this
         subsection (E);
              (b)  the amount (if any) determined pursuant to
         an  agreement  submitted  to  the  State  food stamp
         agency under Section 13(c)(3)(A) of the federal Food
         Stamp Act of 1977; or
              (c)  any  amount  otherwise  required   to   be
         deducted  and  withheld  from unemployment insurance
         benefits pursuant  to  Section  13(c)(3)(B)  of  the
         federal Food Stamp Act of 1977.
         (3)  Any  amount  deducted  and withheld pursuant to
    this subsection (E) shall be paid by the Director to  the
    State food stamp agency.
         (4)  Any  amount  deducted  and withheld pursuant to
    this subsection (E) shall for all purposes be treated  as
    if  it  were  paid  to  the  individual  as  unemployment
    insurance  benefits  and  paid  by  the individual to the
    State food stamp agency as repayment of the  individual's
    uncollected overissuance of food stamp coupons.
         (5)  For    purposes   of   this   subsection   (E),
    "unemployment insurance benefits" means any  compensation
    payable  under  this Act including amounts payable by the
    Director pursuant to an agreement under any  federal  law
    providing  for  compensation,  assistance,  or allowances
    with respect to unemployment.
         (6)  This   subsection   (E)   applies    only    if
    arrangements  have  been  made  for  reimbursement by the
    State food stamp  agency  for  the  administrative  costs
    incurred  by the Director under this subsection (E) which
    are  attributable  to  the   repayment   of   uncollected
    overissuances  of  food  stamp  coupons to the State food
    stamp agency.
(Source: P.A. 89-446, eff. 1-1-97.)

    (820 ILCS 405/1801.1 new)
    Sec. 1801.1.  Directory of New Hires.
    A.  The Director shall establish and operate an automated
directory of newly hired employees which shall  be  known  as
the "Illinois Directory of New Hires" which shall contain the
information  required  to  be  reported  by  employers to the
Department under subsection B.  In the administration of  the
Directory,  the  Director  shall comply with any requirements
concerning  the   Employer   New   Hire   Reporting   Program
established  by  the federal Personal Responsibility and Work
Opportunity Reconciliation Act  of  1996.   The  Director  is
authorized  to use the information contained in the Directory
of New Hires to administer any of the provisions of this Act.
    B.  On and  after  October  1,  1997,  each  employer  in
Illinois,  except a department, agency, or instrumentality of
the United States, shall file with the Department a report in
accordance with rules adopted by the Department (but  in  any
event  not  later  than  20  days after the date the employer
hires  the  employee  or,  in  the  case   of   an   employer
transmitting  reports  magnetically  or  electronically, by 2
monthly transmissions, if necessary, not less  than  12  days
nor   more  than  16  days  apart)  providing  the  following
information  concerning  each  newly  hired   employee:   the
employee's name, address, and social security number, and the
employer's  name,  address,  Federal  Employer Identification
Number assigned under Section 6109 of  the  Internal  Revenue
Code  of  1986, and such other information as may be required
by federal law or regulation, provided that each employer may
voluntarily file the date of new hire,  and  the  address  to
which  the  employer  wants  income  withholding orders to be
mailed, if it is different from  the  address  given  on  the
Federal  Employer  Identification  Number.   An  employer  in
Illinois   which  transmits  its  reports  electronically  or
magnetically and which also has employees  in  another  state
may  report  all newly hired employees to a single designated
state in which the  employer  has  employees  if  it  has  so
notified  the  Secretary  of  the United States Department of
Health and Human Services in writing. An employer may, at its
option, submit information regarding any rehired employee  in
the same manner as information is submitted regarding a newly
hired  employee.  Each  report required under this subsection
shall be made on an Internal Revenue Service Form W-4 or,  at
the  option  of  the employer, an equivalent form, and may be
transmitted by first class mail, by telefax, magnetically, or
electronically.
    C.  An employer which knowingly fails to comply with  the
reporting  requirements  established by this Section shall be
subject to a civil penalty of $15 for each individual whom it
fails to report.  An employer shall  be  considered  to  have
knowingly  failed  to  comply with the reporting requirements
established by this Section with respect to an individual  if
the  employer has been notified by the Department that it has
failed  to  report  an  individual,  and  it  fails,  without
reasonable cause, to supply the required information  to  the
Department  within  21  days after the date of mailing of the
notice. Any individual who knowingly conspires with the newly
hired employee to cause the employer to fail  to  report  the
information   required  by  this  Section  or  who  knowingly
conspires with the newly hired employee to cause the employer
to file a false or incomplete report shall  be  guilty  of  a
Class  B  misdemeanor  with  a  fine  not to exceed $500 with
respect  to  each  employee  with  whom  the  individual   so
conspires.
    D.  As used in this Section, "newly hired employee" means
an  individual  who  is  an  employee  within  the meaning of
Chapter 24 of the Internal Revenue Code of  1986,  and  whose
reporting to work which results in earnings from the employer
is  the first instance within the preceding 180 days that the
individual has reported for  work  for  which  earnings  were
received  from that employer; however, "newly hired employee"
does not include an employee of a  federal  or  State  agency
performing  intelligence or counterintelligence functions, if
the head of that agency has determined that the filing of the
report required by this Section with respect to the  employee
could  endanger  the  safety of the employee or compromise an
ongoing investigation or intelligence mission.
    Notwithstanding Section 205, and for the purposes of this
Section only, the term "employer" has the  meaning  given  by
Section  3401(d)  of  the  Internal  Revenue Code of 1986 and
includes any governmental entity and  labor  organization  as
defined  by Section 2(5) of the National Labor Relations Act,
and includes any entity (also known as a hiring  hall)  which
is  used by the organization and an employer to carry out the
requirements described in Section 8(f)(3) of that Act  of  an
agreement between the organization and the employer.

    (820 ILCS 405/1900) (from Ch. 48, par. 640)
    Sec. 1900.  Disclosure of information.
    A.  Except  as  provided  in  this  Section,  information
obtained  from  any  individual  or employing unit during the
administration of this Act shall:
         1.  be confidential,
         2.  not be published or open to public inspection,
         3.  not be used in any court in any  pending  action
    or proceeding,
         4.  not  be  admissible in evidence in any action or
    proceeding other than one arising out of this Act.
    B.  No finding, determination, decision, ruling or  order
(including  any finding of fact, statement or conclusion made
therein) issued pursuant to this Act shall be  admissible  or
used  in evidence in any action other than one arising out of
this Act, nor shall it be binding  or  conclusive  except  as
provided  in  this Act, nor shall it constitute res judicata,
regardless of whether the actions were between  the  same  or
related parties or involved the same facts.
    C.  Any officer or employee of this State, any officer or
employee  of  any  entity  authorized  to  obtain information
pursuant to this Section, and any agent of this State  or  of
such  entity who, except with authority of the Director under
this Section, shall disclose information shall be guilty of a
Class B misdemeanor and shall be  disqualified  from  holding
any appointment or employment by the State.
    D.  An  individual  or  his  duly authorized agent may be
supplied with information from records  only  to  the  extent
necessary  for  the  proper  presentation  of  his  claim for
benefits or  with  his  existing  or  prospective  rights  to
benefits.   Discretion  to  disclose this information belongs
solely to the Director and is not subject  to  a  release  or
waiver by the individual.
    E.  An  employing unit may be furnished with information,
only if deemed by the Director as necessary to enable  it  to
fully discharge its obligations or safeguard its rights under
the  Act.   Discretion  to  disclose this information belongs
solely to the Director and is not subject  to  a  release  or
waiver by the employing unit.
    F.  The  Director may furnish any information that he may
deem proper to any public officer or public agency of this or
any other State or of the federal government dealing with:
         1.  the administration of relief,
         2.  public assistance,
         3.  unemployment compensation,
         4.  a system of public employment offices,
         5.  wages and hours of employment, or
         6.  a public works program.
    The  Director  may  make  available   to   the   Illinois
Industrial Commission information regarding employers for the
purpose  of  verifying  the insurance coverage required under
the  Workers'  Compensation  Act  and  Workers'  Occupational
Diseases Act.
    G.  The Director may disclose  information  submitted  by
the  State  or  any  of its political subdivisions, municipal
corporations,  instrumentalities,  or  school  or   community
college  districts, except for information which specifically
identifies an individual claimant.
    H.  The Director shall  disclose  only  that  information
required  to  be  disclosed  under  Section 303 of the Social
Security Act, as amended, including:
         1.  any information required to be given the  United
    States Department of Labor under Section 303(a)(6); and
         2.  the  making available upon request to any agency
    of the United States charged with the  administration  of
    public works or assistance through public employment, the
    name,  address, ordinary occupation and employment status
    of each recipient of  unemployment  compensation,  and  a
    statement   of   such   recipient's   right   to  further
    compensation  under  such  law  as  required  by  Section
    303(a)(7); and
         3.  records  to  make  available  to  the   Railroad
    Retirement Board as required by Section 303(c)(1); and
         4.  information    that   will   assure   reasonable
    cooperation  with  every  agency  of  the  United  States
    charged  with  the  administration  of  any  unemployment
    compensation law as required by Section 303(c)(2); and
         5.  information upon request and on  a  reimbursable
    basis  to the United States Department of Agriculture and
    to any State food stamp agency concerning any information
    required to be furnished by Section 303(d); and
         6.  any wage  information  upon  request  and  on  a
    reimbursable  basis  to  any State or local child support
    enforcement agency required by Section 303(e); and
         7.  any  information  required  under   the   income
    eligibility   and  verification  system  as  required  by
    Section 303(f); and
         8.  information that might be useful in locating  an
    absent  parent  or  that  parent's employer, establishing
    paternity or establishing, modifying, or enforcing  child
    support  orders  for  the  purpose  of  a  child  support
    enforcement program under Title IV of the Social Security
    Act  upon  the  request of and on a reimbursable basis to
    the  public  agency  administering  the  Federal   Parent
    Locator Service as required by Section 303(h); and
         9.  information, upon request, to representatives of
    any  federal,  State or local governmental public housing
    agency with respect to individuals who  have  signed  the
    appropriate  consent  form  approved  by the Secretary of
    Housing and Urban Development and who are applying for or
    participating   in   any   housing   assistance   program
    administered by the United States Department  of  Housing
    and Urban Development as required by Section 303(i).
    I.  The  Director, upon the request of a public agency of
Illinois, of the federal government or  of  any  other  state
charged with the investigation or enforcement of Section 10-5
of  the  Criminal  Code  of 1961 (or a similar federal law or
similar law of another State), may furnish the public  agency
information regarding the individual specified in the request
as to:
         1.  the  current  or most recent home address of the
    individual, and
         2.  the names  and  addresses  of  the  individual's
    employers.
    J.  Nothing  in this Section shall be deemed to interfere
with the disclosure of certain records  as  provided  for  in
Section  1706  or  with  the  right  to make available to the
Internal Revenue Service of the United States  Department  of
the  Treasury,  or  the Department of Revenue of the State of
Illinois, information obtained under this Act.
    K.  The Department shall  make  available  to  the  State
Scholarship Commission, upon request that it may be necessary
or useful to the Commission in the collection of defaulted or
delinquent  student  loans  which the Commission administers,
information  limited  to  the  names  and  addresses   of   a
borrower's employers.
    L.  The  Department  shall  make  available  to the State
Employees'  Retirement   System,   the   State   Universities
Retirement System, and the Teachers' Retirement System of the
State   of   Illinois,   upon  request,  information  in  the
possession of the Department that may be necessary or  useful
to  the  System  for  the  purpose of determining whether any
recipient  of  a  disability  benefit  from  the  System   is
gainfully employed.
    M.  This  Section  shall be applicable to the information
obtained  in  the  administration  of  the  State  employment
service, except that the  Director  may  publish  or  release
general  labor market information and may furnish information
that he may deem proper to an individual, public  officer  or
public  agency  of  this  or  any  other State or the federal
government (in addition to those public  officers  or  public
agencies specified in this Section) as he prescribes by Rule.
    N.  The  Director may require such safeguards as he deems
proper to insure that information disclosed pursuant to  this
Section  is  used  only  for  the  purposes set forth in this
Section.
    O.  (Blank).
    P.  Within 30 days  after  the  effective  date  of  this
amendatory   Act   of   1993  and  annually  thereafter,  the
Department shall  provide  to  the  Department  of  Financial
Institutions  a list of individuals or entities that, for the
most  recently  completed  calendar  year,  report   to   the
Department  as  paying  wages to workers.  The lists shall be
deemed confidential and may not be  disclosed  to  any  other
person.
    Q.  The  Director  shall  make  available  to  an elected
federal official the name and address  of  an  individual  or
entity that is located within the jurisdiction from which the
official   was  elected  and  that,  for  the  most  recently
completed calendar year, has reported to  the  Department  as
paying  wages  to workers, where the information will be used
in connection with the official duties of  the  official  and
the  official requests the information in writing, specifying
the purposes for which it will be used. For purposes of  this
subsection,  the  use  of  information in connection with the
official duties of an official does not include  use  of  the
information   in   connection   with   the   solicitation  of
contributions or expenditures, in money or in kind, to or  on
behalf  of  a  candidate  for public or political office or a
political party or with respect  to  a  public  question,  as
defined in Section 1-3 of the Election Code, or in connection
with   any  commercial  solicitation.   Any  elected  federal
official who, in submitting a request for information covered
by this subsection, knowingly  makes  a  false  statement  or
fails  to disclose a material fact, with the intent to obtain
the  information  for  a  purpose  not  authorized  by   this
subsection, shall be guilty of a Class B misdemeanor.
    R.  The  Director may provide to any State or local child
support agency, upon request and  on  a  reimbursable  basis,
information that might be useful in locating an absent parent
or   that   parent's  employer,  establishing  paternity,  or
establishing, modifying, or enforcing child support orders.
(Source: P.A.  88-435;  89-446,  eff.  2-8-96;  89-493,  eff.
1-1-97.)
    Section  95.   No  acceleration or delay.  Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for  example,  a
Section  represented  by  multiple versions), the use of that
text does not accelerate or delay the taking  effect  of  (i)
the  changes made by this Act or (ii) provisions derived from
any other Public Act.

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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