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Public Act 91-0677
HB2773 Enrolled LRB9103154SMdv
AN ACT concerning child support, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Aid Code is amended by
changing Sections 10-10.4 and 10-26 and adding Section
10-16.6 as follows:
(305 ILCS 5/10-10.4)
Sec. 10-10.4. Payment of Support to State Disbursement
Unit.
(a) As used in this Section:
"Order for support", "obligor", "obligee", and "payor"
mean those terms as defined in the Income Withholding for
Support Act, except that "order for support" shall not mean
orders providing for spousal maintenance under which there is
no child support obligation.
(b) Notwithstanding any other provision of this Code to
the contrary, each court or administrative order for support
entered or modified on or after October 1, 1999 shall require
that support payments be made to the State Disbursement Unit
established under Section 10-26 if:
(1) a party to the order is receiving child and
spouse support services under this Article X; or
(2) no party to the order is receiving child and
spouse support services, but the support payments are
made through income withholding.
(c) The Illinois Department shall provide notice to the
obligor and, where applicable, to the obligor's payor to make
Support payments shall be made to the State Disbursement Unit
if:
(1) the order for support was entered before
October 1, 1999, and a party to the order is receiving
child and spouse support services under this Article X;
or
(2) the order for support was entered after January
1, 1994, no party to the order is receiving child and
spouse support services, and the support payments are
being made through income withholding.
(c-5) If no party to the order is receiving child and
spouse support services under this Article X, and the support
payments are not being made through income withholding, then
support payments shall be made as directed in the order for
support.
(c-10) Within 15 days after the effective date of this
amendatory Act of the 91st General Assembly, the Illinois
Department shall provide written notice to the clerk of the
circuit court, the obligor, and, where applicable, the
obligor's payor to make payments to the State Disbursement
Unit if:
(1) the order for support was entered before October
1, 1999, and a party to the order is receiving child and
spouse support services under this Article X; or
(2) no party to the order is receiving child and
spouse support services, and the support payments are
being made through income withholding.
(c-15) Within 15 days after the effective date of this
amendatory Act of the 91st General Assembly, the clerk of the
circuit court shall provide written notice to the obligor to
make payments directly to the clerk of the circuit court if
no party to the order is receiving child and spouse support
services under this Article X, the support payments are not
made through income withholding, and the order for support
requires support payments to be made directly to the clerk of
the circuit court.
(c-20) If the State Disbursement Unit receives a support
payment that was not appropriately made to the Unit under
this Section, the Unit shall immediately return the payment
to the sender, including, if possible, instructions detailing
where to send the support payments.
(d) The notices notice required under subsections (c-10)
and (c-15) subsection (c) may be sent by ordinary mail,
certified mail, return receipt requested, facsimile
transmission, or other electronic process, or may be served
upon the obligor or payor using any method provided by law
for service of a summons. A copy of the notice shall be
provided to the obligee and, when the order for support was
entered by the court, to the clerk of the court.
(Source: P.A. 91-212, eff. 7-20-99.)
(305 ILCS 5/10-16.6 new)
Sec. 10-16.6. Electronic Funds Transfer Committee.
(a) The Director of Public Aid shall establish within
the Department an Electronic Funds Transfer Committee. The
Director or his or her designee shall be a member of the
committee and shall serve as chairperson of the committee.
The Director shall appoint 4 other members of the committee,
2 of whom shall represent employers in this State and 2 of
whom shall represent the banking industry in this State. The
administrator of the State Disbursement Unit established
under Section 10-26 shall be an ex officio member of the
committee.
(b) The committee shall study ways to modify or expand
the use of electronic funds transfers for the payment of
child support. The committee shall report its findings and
recommendations to the Governor and the General Assembly
before December 1, 2001.
(c) The committee is abolished on December 1, 2001.
(305 ILCS 5/10-26)
Sec. 10-26. State Disbursement Unit.
(a) Effective October 1, 1999 the Illinois Department
shall establish a State Disbursement Unit in accordance with
the requirements of Title IV-D of the Social Security Act.
The Illinois Department shall enter into an agreement with a
State or local governmental unit or private entity to perform
the functions of the State Disbursement Unit as set forth in
this Section. The purpose of the State Disbursement Unit
shall be to collect and disburse support payments made under
court and administrative support orders:
(1) being enforced in cases in which child and
spouse support services are being provided under this
Article X; and
(2) in all cases in which the order for support was
entered after January 1, 1994, child and spouse support
services are not being provided under this Article X, and
in which support payments are made under the provisions
of the Income Withholding for Support Act.
(a-5) If the State Disbursement Unit receives a support
payment that was not appropriately made to the Unit under
this Section, the Unit shall immediately return the payment
to the sender, including, if possible, instructions detailing
where to send the support payments.
(b) All payments received by the State Disbursement
Unit:
(1) shall be deposited into an account obtained by
the State or local governmental unit or private entity,
as the case may be, and
(2) distributed and disbursed by the State
Disbursement Unit, in accordance with the directions of
the Illinois Department, pursuant to Title IV-D of the
Social Security Act and rules promulgated by the
Department.
(c) All support payments assigned to the Illinois
Department under Article X of this Code and rules promulgated
by the Illinois Department that are disbursed to the Illinois
Department by the State Disbursement Unit shall be paid into
the Child Support Enforcement Trust Fund.
(d) If the agreement with the State or local
governmental unit or private entity provided for in this
Section is not in effect for any reason, the Department shall
perform the functions of the State Disbursement Unit as set
forth in this Section for a maximum of 12 months.
(e) By February 1, 2000, the Illinois Department shall
conduct at least 4 regional training and educational seminars
to educate the clerks of the circuit court on the general
operation of the State Disbursement Unit, the role of the
State Disbursement Unit, and the role of the clerks of the
circuit court in the collection and distribution of child
support payments.
(f) By March 1, 2000, the Illinois Department shall
conduct at least 4 regional educational and training seminars
to educate payors, as defined in the Income Withholding for
Support Act, on the general operation of the State
Disbursement Unit, the role of the State Disbursement Unit,
and the distribution of income withholding payments pursuant
to this Section and the Income Withholding for Support Act.
(Source: P.A. 91-212, eff. 7-20-99.)
Section 15. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 507.1 as follows:
(750 ILCS 5/507.1)
Sec. 507.1. Payment of Support to State Disbursement
Unit.
(a) As used in this Section:
"Order for support", "obligor", "obligee", and "payor"
mean those terms as defined in the Income Withholding for
Support Act, except that "order for support" shall not mean
orders providing for spousal maintenance under which there is
no child support obligation.
(b) Notwithstanding any other provision of this Act to
the contrary, each order for support entered or modified on
or after October 1, 1999 shall require that support payments
be made to the State Disbursement Unit established under
Section 10-26 of the Illinois Public Aid Code if:
(1) a party to the order is receiving child and
spouse support services under Article X of the Illinois
Public Aid Code; or
(2) no party to the order is receiving child and
spouse support services, but the support payments are
made through income withholding.
(c) The Illinois Department of Public Aid shall provide
notice to the obligor and, where applicable, to the obligor's
payor to make Support payments shall be made to the State
Disbursement Unit if:
(1) the order for support was entered before
October 1, 1999, and a party to the order is receiving
child and spouse support services under Article X of the
Illinois Public Aid Code; or
(2) the order for support was entered after January
1, 1994, no party to the order is receiving child and
spouse support services, and the support payments are
being made through income withholding.
(c-5) If no party to the order is receiving child and
spouse support services under Article X of the Illinois
Public Aid Code, and the support payments are not made
through income withholding, then support payments shall be
made as directed by the order for support.
(c-10) Within 15 days after the effective date of this
amendatory Act of the 91st General Assembly, the Illinois
Department shall provide written notice to the clerk of the
circuit court, the obligor, and, where applicable, the
obligor's payor to make payments to the State Disbursement
Unit if:
(1) the order for support was entered before October
1, 1999, and a party to the order is receiving child and
spouse support services under Article X of the Illinois
Public Aid Code; or
(2) no party to the order is receiving child and
spouse support services, and the support payments are
being made through income withholding.
(c-15) Within 15 days after the effective date of this
amendatory Act of the 91st General Assembly, the clerk of the
circuit court shall provide written notice to the obligor to
make payments directly to the clerk of the circuit court if
no party to the order is receiving child and spouse support
services under Article X of the Illinois Public Aid Code, the
support payments are not made through income withholding, and
the order for support requires support payments to be made
directly to the clerk of the circuit court.
(c-20) If the State Disbursement Unit receives a support
payment that was not appropriately made to the Unit under
this Section, the Unit shall immediately return the payment
to the sender, including, if possible, instructions detailing
where to send the support payment.
(d) The notices notice required under subsections (c-10)
and (c-15) subsection (c) may be sent by ordinary mail,
certified mail, return receipt requested, facsimile
transmission, or other electronic process, or may be served
upon the obligor or payor using any method provided by law
for service of a summons. The Illinois Department of Public
Aid shall provide a copy of the notice to the obligee and to
the clerk of the court.
(Source: P.A. 91-212, eff. 7-20-99.)
Section 20. The Uniform Interstate Family Support Act is
amended by adding Section 320 as follows:
(750 ILCS 22/320 new)
Sec. 320. Payment of Support to State Disbursement Unit.
(a) As used in this Section:
"Order for support", "obligor", "obligee", and "payor"
mean those terms as defined in the Income Withholding for
Support Act, except that "order for support" means an order
entered by any tribunal of this State but shall not mean
orders providing for spousal maintenance under which there is
no child support obligation.
(b) Notwithstanding any other provision of this Act to
the contrary, each order for support entered or modified on
or after October 1, 1999 shall require that support payments
be made to the State Disbursement Unit established under
Section 10-26 of the Illinois Public Aid Code if:
(1) a party to the order is receiving child and
spouse support services under Article X of the Illinois
Public Aid Code; or
(2) no party to the order is receiving child and
spouse support services, but the support payments are
made through income withholding.
(c) Support payments shall be made to the State
Disbursement Unit if:
(1) the order for support was entered before October
1, 1999, and a party to the order is receiving child and
spouse support services under Article X of the Illinois
Public Aid Code; or
(2) no party to the order is receiving child and
spouse support services, and the support payments are
being made through income withholding.
(c-5) If no party to the order is receiving child and
spouse support services under Article X of the Illinois
Public Aid Code, and the support payments are not made
through income withholding, then support payments shall be
made as directed by the order for support.
(c-10) Within 15 days after the effective date of this
amendatory Act of the 91st General Assembly, the Illinois
Department shall provide written notice to the clerk of the
circuit court, the obligor, and, where applicable, the
obligor's payor to make payments to the State Disbursement
Unit if:
(1) the order for support was entered before October
1, 1999, and a party to the order is receiving child and
spouse support services under Article X of the Illinois
Public Aid Code; or
(2) no party to the order is receiving child and
spouse support services, and the support payments are
being made through income withholding.
(c-15) Within 15 days after the effective date of this
amendatory Act of the 91st General Assembly, the clerk of the
circuit court shall provide written notice to the obligor to
make payments directly to the clerk of the circuit court if
no party to the order is receiving child and spouse support
services under Article X of the Illinois Public Aid Code, the
support payments are not made through income withholding, and
the order for support requires support payments to be made
directly to the clerk of the circuit court.
(c-20) If the State Disbursement Unit receives a support
payment that was not appropriately made to the Unit under
this Section, the Unit shall immediately return the payment
to the sender, including, if possible, instructions detailing
where to send the support payments.
(d) The notices required under subsections (c-10) and
(c-15) may be sent by ordinary mail, certified mail, return
receipt requested, facsimile transmission, or other
electronic process, or may be served upon the obligor or
payor using any method provided by law for service of a
summons. The Illinois Department of Public Aid shall provide
a copy of the notice to the obligee and to the clerk of the
court.
Section 22. The Income Withholding for Support Act is
amended by changing Section 35 as follows:
(750 ILCS 28/35)
Sec. 35. Duties of payor.
(a) It shall be the duty of any payor who has been
served with an income withholding notice to deduct and pay
over income as provided in this Section. The payor shall
deduct the amount designated in the income withholding
notice, as supplemented by any notice provided pursuant to
subsection (f) of Section 45, beginning no later than the
next payment of income which is payable or creditable to the
obligor that occurs 14 days following the date the income
withholding notice was mailed, sent by facsimile or other
electronic means, or placed for personal delivery to or
service on the payor. 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 State Disbursement Unit
within 7 business days after the date the amount would (but
for the duty to withhold income) have been paid or credited
to the obligor. If the payor knowingly fails to pay any
amount withheld to the State Disbursement Unit within 7
business days after the date the amount would have been paid
or credited to the obligor, the payor shall pay a penalty of
$100 for each day that the withheld amount is not paid to the
State Disbursement Unit after the period of 7 business days
has expired. The failure of a payor, on more than one
occasion, to pay amounts withheld to the State Disbursement
Unit within 7 business days after the date the amount would
have been paid or credited to the obligor creates a
presumption that the payor knowingly failed to pay over the
amounts. This penalty may be collected in a civil action
which may be brought against the payor in favor of the
obligee or public office. A finding of a payor's
nonperformance within the time required under this Act must
be documented by a certified mail return receipt showing the
date the income withholding notice was served on the payor.
For purposes of this Act, 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 State
Disbursement Unit, at the time of transmittal, with the date
the amount would (but for the duty to withhold income) have
been paid or credited to the obligor.
After June 30, 2000, every payor that has 250 or more
employees shall use electronic funds transfer to pay all
amounts withheld under this Section. During the year 2001
and during each year thereafter, every payor that has fewer
than 250 employees and that withheld income under this
Section pursuant to 10 or more income withholding notices
during December of the preceding year shall use electronic
funds transfer to pay all amounts withheld under this
Section.
Upon receipt of an income withholding notice 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 income
withholding notice. 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.
(b) Whenever the obligor is no longer receiving income
from the payor, the payor shall return a copy of the income
withholding notice to the obligee or public office and shall
provide information for the purpose of enforcing this Act.
(c) Withholding of income under this Act 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 Act 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 income withholding notice 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 cases in which cash
assistance under the Illinois Public Aid Code is not being
provided to the obligee and then to past due support payments
ordered in cases in which cash assistance under the Illinois
Public Aid Code is being provided to the obligee, both on a
proportionate share basis. A payor who complies with an
income withholding notice that is regular on its face shall
not be subject to civil liability with respect to any
individual, any agency, or any creditor of the obligor for
conduct in compliance with the notice.
(d) No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor because of the duty to
withhold income.
(Source: P.A. 90-673, eff. 1-1-99; 91-212, eff. 7-20-99.)
Section 25. The Illinois Parentage Act of 1984 is
amended by changing Section 21.1 as follows:
(750 ILCS 45/21.1)
Sec. 21.1. Payment of Support to State Disbursement Unit.
(a) As used in this Section:
"Order for support", "obligor", "obligee", and "payor"
mean those terms as defined in the Income Withholding for
Support Act, except that "order for support" shall not mean
orders providing for spousal maintenance under which there is
no child support obligation.
(b) Notwithstanding any other provision of this Act to
the contrary, each order for support entered or modified on
or after October 1, 1999 shall require that support payments
be made to the State Disbursement Unit established under
Section 10-26 of the Illinois Public Aid Code if:
(1) a party to the order is receiving child and
spouse support services under Article X of the Illinois
Public Aid Code; or
(2) no party to the order is receiving child and
spouse support services, but the support payments are
made through income withholding.
(c) The Illinois Department of Public Aid shall provide
notice to the obligor and, where applicable, to the obligor's
payor to make Support payments shall be made to the State
Disbursement Unit if:
(1) the order for support was entered before October
1, 1999, and a party to the order is receiving child and
spouse support services under Article X of the Illinois
Public Aid Code; or
(2) the order for support was entered after January
1, 1994, no party to the order is receiving child and
spouse support services, and the support payments are
being made through income withholding.
(c-5) If no party to the order is receiving child and
spouse support services under Article X of the Illinois
Public Aid Code, and the support payments are not made
through income withholding, then support payments shall be
made as directed by the order for support.
(c-10) Within 15 days after the effective date of this
amendatory Act of the 91st General Assembly, the Illinois
Department shall provide written notice to the clerk of the
circuit court, the obligor, and, where applicable, the
obligor's payor to make payments to the State Disbursement
Unit if:
(1) the order for support was entered before October
1, 1999, and a party to the order is receiving child and
spouse support services under Article X of the Illinois
Public Aid Code; or
(2) no party to the order is receiving child and
spouse support services, and the support payments are
being made through income withholding.
(c-15) Within 15 days after the effective date of this
amendatory Act of the 91st General Assembly, the clerk of the
circuit court shall provide written notice to the obligor to
make payments directly to the clerk of the circuit court if
no party to the order is receiving child and spouse support
services under Article X of the Illinois Public Aid Code, the
support payments are not made through income withholding, and
the order for support requires support payments to be made
directly to the clerk of the circuit court.
(c-20) If the State Disbursement Unit receives a support
payment that was not appropriately made to the Unit under
this Section, the Unit shall immediately return the payment
to the sender, including, if possible, instructions detailing
where to send the support payments.
(d) The notices notice required under subsections (c-10)
and (c-15) subsection (c) may be sent by ordinary mail,
certified mail, return receipt requested, facsimile
transmission, or other electronic process, or may be served
upon the obligor or payor using any method provided by law
for service of a summons. The Illinois Department of Public
Aid shall provide a copy of the notice to the obligee and to
the clerk of the court.
(Source: P.A. 91-212, eff. 7-20-99.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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