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Public Act 92-0463
HB3128 Enrolled LRB9201522DJcsA
AN ACT in relation to support.
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 10-10.5, 10-11.2, and 10-27 as follows:
(305 ILCS 5/10-10.5)
Sec. 10-10.5. Information to State Case Registry.
(a) In this Section:
"Order for support", "obligor", "obligee", and "business
day" are defined as set forth in the Income Withholding for
Support Act.
"State Case Registry" means the State Case Registry
established under Section 10-27 of this Code.
(b) Each order for support entered or modified by the
circuit court under Section 10-10 shall require that the
obligor and obligee (i) file with the clerk of the circuit
court the information required by this Section (and any other
information required under Title IV, Part D of the Social
Security Act or by the federal Department of Health and Human
Services) at the time of entry or modification of the order
for support and (ii) file updated information with the clerk
within 5 business days of any change. Failure of the obligor
or obligee to file or update the required information shall
be punishable as in cases of contempt. The failure shall not
prevent the court from entering or modifying the order for
support, however.
(c) The obligor shall file the following information:
the obligor's name, date of birth, social security number,
and mailing address.
If either the obligor or the obligee receives child
support enforcement services from the Illinois Department
under Article X of this Code, the obligor shall also file the
following information: the obligor's telephone number,
driver's license number, and residential address (if
different from the obligor's mailing address), and the name,
address, and telephone number of the obligor's employer or
employers.
(d) The obligee shall file the following information:
(1) The names of the obligee and the child or
children covered by the order for support.
(2) The dates of birth of the obligee and the child
or children covered by the order for support.
(3) The social security numbers of the obligee and
the child or children covered by the order for support.
(4) The obligee's mailing address.
(e) In cases in which the obligee receives child support
enforcement services from the Illinois Department under
Article X of this Code, the order for support shall (i)
require that the obligee file the information required under
subsection (d) with the Illinois Department for inclusion in
the State Case Registry, rather than file the information
with the clerk, and (ii) require that the obligee include the
following additional information:
(1) The obligee's telephone and driver's license
numbers.
(2) The obligee's residential address, if different
from the obligee's mailing address.
(3) The name, address, and telephone number of the
obligee's employer or employers.
The order for support shall also require that the obligee
update the information filed with the Illinois Department
within 5 business days of any change.
(f) The clerk shall provide the information filed under
this Section, together with the court docket number and
county in which the order for support was entered, to the
State Case Registry within 5 business days after receipt of
the information.
(g) In a case in which a party is receiving child
support enforcement services under Article X of this Code,
the clerk shall provide the following additional information
to the State Case Registry within 5 business days after entry
or modification of an order for support or request from the
Illinois Department:
(1) The amount of monthly or other periodic support
owed under the order for support and other amounts,
including arrearage, interest, or late payment penalties
and fees, due or overdue under the order.
(2) Any such amounts that have been received by the
clerk, and the distribution of those amounts by the
clerk.
(h) Information filed by the obligor and obligee under
this Section that is not specifically required to be included
in the body of an order for support under other laws is not a
public record and shall be treated as confidential and
subject to disclosure only in accordance with the provisions
of this Section, Section 10-27 of this Code, and Title IV,
Part D of the Social Security Act.
(a) When an order for support is entered or modified by
the circuit court under Section 10-10, the clerk of the
circuit court shall, within 5 business days, provide to the
Illinois Department's State Case Registry established under
Section 10-27 of this Code the court docket number and county
in which the order is entered or modified and the following
information, which the parties shall disclose to the court:
(1) The names of the custodial and non-custodial
parents and the child or children covered by the order.
(2) The dates of birth of the custodial and
non-custodial parents and of the child or children
covered by the order.
(3) The social security numbers of the custodial
and non-custodial parents and of the child or children
covered by the order.
(4) The residential and mailing addresses for the
custodial and non-custodial parents.
(5) The telephone numbers for the custodial and
non-custodial parents.
(6) The driver's license numbers for the custodial
and non-custodial parents.
(7) The name, address, and telephone number of each
parent's employer or employers.
(b) When a child support order is entered or modified
for a case in which a party is receiving child and spouse
support services under Article X of this Code, the clerk
shall provide the State Case Registry with the following
information:
(1) The information specified in subsection (a) of
this Section.
(2) The amount of monthly or other periodic support
owed under the order and other amounts, including
arrearages, interest, or late payment penalties and fees,
due or overdue under the order.
(3) Any amounts described in subdivision (2) of
this subsection (b) that have been received by the clerk.
(4) The distribution of the amounts received by the
clerk.
(c) A party shall report to the clerk of the circuit
court changes in information required to the disclosed under
this Section within 5 business days of the change.
(d) To the extent that updated information is in the
clerk's possession, the clerk shall provide updates of the
information specified in subsection (b) of this Section
within 5 business days after the Illinois Department's
request for that updated information.
(Source: P.A. 91-212, eff. 7-20-99.)
(305 ILCS 5/10-11.2)
Sec. 10-11.2. Administrative support order information
for State Case Registry.
(a) In this Section, "business day" is defined as set
forth in the Income Withholding for Support Act.
(b) Each administrative support order entered or
modified under Section 10-8.1 or Section 10-11 shall require
the following:
(1) That the non-custodial parent file with the
Illinois Department the information required by
subsection (c) of this Section (and any other information
required under Title IV, Part D of the Social Security
Act or by the federal Department of Health and Human
Services) within 5 business days after entry or
modification of the administrative support order, and
that the parent file updated information with the
Illinois Department within 5 business days of any change.
(2) That the custodial parent file with the
Illinois Department the information required by
subsection (d) of this Section (and any other information
required under Title IV, Part D of the Social Security
Act or by the federal Department of Health and Human
Services) within 5 business days after entry or
modification of the administrative support order (unless
the custodial parent already filed the information during
the child support case intake process), and that the
parent file updated information with the Illinois
Department within 5 business days of any change.
(c) The non-custodial parent shall file the following
information:
(1) The name and date of birth of the non-custodial
parent.
(2) The non-custodial parent's social security
number, driver's license number, and telephone number.
(3) The mailing address (and the residential
address, if different from the mailing address) of the
non-custodial parent.
(4) The name, address, and telephone number of the
non-custodial parent's employer or employers.
(d) The custodial parent shall file the following
information:
(1) The names and dates of birth of the custodial
parent and the child or children covered by the
administrative support order.
(2) The social security numbers of the custodial
parent and the child or children covered by the
administrative support order.
(3) The custodial parent's driver's license number
and telephone number.
(4) The custodial parent's mailing address (and
residential address, if different from the mailing
address).
(5) The name, address, and telephone number of the
custodial parent's employer or employers.
(e) The information filed with the Illinois Department
under this Section shall be included in the State Case
Registry established under Section 10-27 of this Code.
(f) Information filed by the non-custodial parent and
custodial parent under this Section that is not specifically
required to be included in the body of an administrative
support order under other laws or under rules of the Illinois
Department shall be treated as confidential and subject to
disclosure only in accordance with the provisions of this
Section, Section 10-27 of this Code, and Title IV, Part D of
the Social Security Act. When the Illinois Department enters
an administrative support order under Section 10-8.1 or
Section 10-11, or modifies such an order, the custodial
parent and the non-custodial parent shall provide to the
Illinois Department, and update as appropriate, the following
information to be included in the State Case Registry
established under Section 10-27:
(1) The names of the custodial and non-custodial
parents and of the child or children covered by the
order.
(2) The dates of birth of the custodial and
non-custodial parents and of the child or children
covered by the order.
(3) The social security numbers of the custodial
and non-custodial parents and of the child or children
covered by the order.
(4) The residential and mailing addresses for the
custodial and non-custodial parents.
(5) The telephone numbers for the custodial and
non-custodial parents.
(6) The driver's license numbers for the custodial
and non-custodial parents.
(7) The name, address, and telephone number of each
parent's employer or employers.
(8) Any other information that may be required
under Title IV, Part D of the Social Security Act or
regulations promulgated thereunder.
(Source: P.A. 91-212, eff. 7-20-99.)
(305 ILCS 5/10-27)
Sec. 10-27. State Case Registry.
(a) The Illinois Department shall establish an automated
State Case Registry to contain records concerning child
support orders for parties receiving child support
enforcement services under this Article X, and for all child
support orders entered or modified on or after October 1,
1998. The State Case Registry shall include (i) the
information filed with the Illinois Department, or filed with
the clerk of the circuit court and provided to the Illinois
Department, under the provisions of Sections 10-10.5 and
10-11.2 of this Code, Section 505.3 of the Illinois Marriage
and Dissolution of Marriage Act, Section 30 of the
Non-Support Punishment Act, and Section 14.1 of the Illinois
Parentage Act of 1984, and (ii) any other information
required under Title IV, Part D of the Social Security Act or
by the federal Department of Health and Human Services. The
Illinois Department shall establish an automated State Case
Registry to contain records concerning child support orders
for parties receiving child and spouse support services under
this Article X, and for all child support orders entered or
modified on or after October 1, 1998, and pursuant to
Sections 10-10 and 10-11 of this Code, and pursuant to the
Illinois Marriage and Dissolution of Marriage Act, the
Non-Support of Spouse and Children Act, the Uniform
Interstate Family Support Act, or the Illinois Parentage Act
of 1984.
(b) (Blank). The Illinois Department shall maintain the
following information in the Registry for all cases described
in subsection (a):
(1) the names of the custodial and non-custodial
parents, and of the child or children covered by the
order;
(2) the dates of birth of the custodial and
non-custodial parents, and of the child or children
covered by the order;
(3) the social security numbers of the custodial
and non-custodial parents and, if available, of the child
or children covered by the order;
(4) the residential and mailing addresses for the
custodial and non-custodial parents;
(5) the telephone numbers for the custodial and
non-custodial parents;
(6) the driver's license numbers for the custodial
and non-custodial parents;
(7) the name, address, and telephone number of each
parent's employer or employers;
(8) the case identification number;
(9) the court docket number, if applicable; and
(10) any other information that may be required
under Title IV, Part D of the Social Security Act or
regulations promulgated thereunder.
(c) The Illinois Department shall maintain the following
payment information on child support orders for parties
receiving child and spouse support enforcement services under
this Article X:
(1) the amount of monthly or other periodic support
owed under the order and other amounts, including
arrearages, interest or late payment penalties, and fees,
due or overdue under the order;
(2) any amounts described in subdivision (1) of
subsection (d) that have been collected;
(3) the distribution of the collected amounts; and
(4) the amount of any lien imposed with respect to
the order pursuant to Section 10-25 or Section 10-25.5 of
this Code.
(d) The Illinois Department shall establish, update,
maintain, and monitor case records in the Registry of parties
receiving child and spouse support enforcement services under
this Article X, on the bases of:
(1) information on administrative actions and
administrative and judicial proceedings and orders
relating to paternity and support;
(2) information obtained from comparison with
federal, State, and local sources of information;
(3) information on support collections and
distribution; and
(4) any other relevant information.
(e) The Illinois Department shall use the automated
State Case Registry to share and compare information with,
and receive information from, other data bases and
information comparison services in order to obtain (or
provide) information necessary to enable the Illinois
Department (or the federal Department of Health and Human
Services or other State or federal agencies) to carry out the
requirements of the child support enforcement program
established under Title IV, Part D of the Social Security
Act. Such information comparison activities shall include
the following:
(1) Furnishing to the Federal Case Registry of
Child Support Orders (and updating as necessary, with
information including notice of expiration of orders) the
information specified by the federal Department of Health
and Human Services in regulations.
(2) Exchanging information with the Federal Parent
Locator Service for the purposes specified in Section 453
of the Social Security Act.
(3) Exchanging information with State agencies (of
this State and of other states) administering programs
funded under Title IV, Part A and Title XIX of the Social
Security Act and other programs designated by the federal
Department of Health and Human Services, as necessary to
perform responsibilities under Title IV, Part D of the
Social Security Act and under such other programs.
(4) Exchanging information with other agencies of
this State, agencies of other states, and interstate
information networks, as necessary and appropriate to
carry out (or assist other states to carry out) the
purposes of Title IV, Part D of the Social Security Act.
(5) Disclosing information to any other entities as
required under Title IV, Part D of the Social Security
Act.
(f) The Illinois Department shall adopt rules
establishing safeguards, applicable to all confidential
information included in the State Case Registry, that are
designed to protect the privacy rights of persons concerning
whom information is on record in the State Case Registry.
Such safeguards shall include, but not be limited to the
following:
(1) Prohibitions against the release of information
on the whereabouts of one party or the child to another
party against whom a protective order with respect to the
former party or the child has been entered.
(2) Prohibitions against the release of information
on the whereabouts of one party or the child to another
party if the Illinois Department has reasonable evidence
of domestic violence or child abuse (that is, allegations
of domestic violence or child abuse, unless the Illinois
Department has an independent, reasonable basis to find
the person making the allegation not credible) to the
former party or child by the party requesting
information.
(3) Prohibitions against the release of information
on the whereabouts of one party or the child to another
person if the Illinois Department has reason to believe
the release of information to that person may result in
physical or emotional harm to the party or child.
(Source: P.A. 90-790, eff. 8-14-98.)
Section 10. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 505.3 as follows:
(750 ILCS 5/505.3)
Sec. 505.3. Information to State Case Registry.
(a) In this Section:
"Order for support", "obligor", "obligee", and "business
day" are defined as set forth in the Income Withholding for
Support Act.
"State Case Registry" means the State Case Registry
established under Section 10-27 of the Illinois Public Aid
Code.
(b) Each order for support entered or modified by the
circuit court under this Act shall require that the obligor
and obligee (i) file with the clerk of the circuit court the
information required by this Section (and any other
information required under Title IV, Part D of the Social
Security Act or by the federal Department of Health and Human
Services) at the time of entry or modification of the order
for support and (ii) file updated information with the clerk
within 5 business days of any change. Failure of the obligor
or obligee to file or update the required information shall
be punishable as in cases of contempt. The failure shall not
prevent the court from entering or modifying the order for
support, however.
(c) The obligor shall file the following information:
the obligor's name, date of birth, social security number,
and mailing address.
If either the obligor or the obligee receives child
support enforcement services from the Illinois Department of
Public Aid under Article X of the Illinois Public Aid Code,
the obligor shall also file the following information: the
obligor's telephone number, driver's license number, and
residential address (if different from the obligor's mailing
address), and the name, address, and telephone number of the
obligor's employer or employers.
(d) The obligee shall file the following information:
(1) The names of the obligee and the child or
children covered by the order for support.
(2) The dates of birth of the obligee and the child
or children covered by the order for support.
(3) The social security numbers of the obligee and
the child or children covered by the order for support.
(4) The obligee's mailing address.
(e) In cases in which the obligee receives child support
enforcement services from the Illinois Department of Public
Aid under Article X of the Illinois Public Aid Code, the
order for support shall (i) require that the obligee file the
information required under subsection (d) with the Illinois
Department of Public Aid for inclusion in the State Case
Registry, rather than file the information with the clerk,
and (ii) require that the obligee include the following
additional information:
(1) The obligee's telephone and driver's license
numbers.
(2) The obligee's residential address, if different
from the obligee's mailing address.
(3) The name, address, and telephone number of the
obligee's employer or employers.
The order for support shall also require that the obligee
update the information filed with the Illinois Department of
Public Aid within 5 business days of any change.
(f) The clerk shall provide the information filed under
this Section, together with the court docket number and
county in which the order for support was entered, to the
State Case Registry within 5 business days after receipt of
the information.
(g) In a case in which a party is receiving child
support enforcement services under Article X of the Illinois
Public Aid Code, the clerk shall provide the following
additional information to the State Case Registry within 5
business days after entry or modification of an order for
support or request from the Illinois Department of Public
Aid:
(1) The amount of monthly or other periodic support
owed under the order for support and other amounts,
including arrearage, interest, or late payment penalties
and fees, due or overdue under the order.
(2) Any such amounts that have been received by the
clerk, and the distribution of those amounts by the
clerk.
(h) Information filed by the obligor and obligee under
this Section that is not specifically required to be included
in the body of an order for support under other laws is not a
public record and shall be treated as confidential and
subject to disclosure only in accordance with the provisions
of this Section, Section 10-27 of the Illinois Public Aid
Code, and Title IV, Part D of the Social Security Act.
(a) When an order for support is entered or
modified under this Act, the clerk of the circuit court
shall, within 5 business days, provide to the State Case
Registry established under Section 10-27 of the Illinois
Public Aid Code the court docket number and county in which
the order is entered or modified and the following
information, which the parties shall disclose to the court:
(1) The names of the custodial and non-custodial
parents and of the child or children covered by the
order.
(2) The dates of birth of the custodial and
non-custodial parents and of the child or children
covered by the order.
(3) The social security numbers of the custodial
and non-custodial parents and of the child or children
covered by the order.
(4) The residential and mailing addresses for the
custodial and non-custodial parents.
(5) The telephone numbers for the custodial and
non-custodial parents.
(6) The driver's license numbers for the custodial
and non-custodial parents.
(7) The name, address, and telephone number of each
parent's employer or employers.
(b) When a child support order is entered or modified
for a case in which a party is receiving child and spouse
support services under Article X of the Illinois Public Aid
Code, the clerk shall provide the State Case Registry with
the following information:
(1) The information specified in subsection (a) of
this Section.
(2) The amount of monthly or other periodic support
owed under the order and other amounts, including
arrearages, interest, or late payment penalties and fees,
due or overdue under the order.
(3) Any amounts described in subdivision (2) of
this subsection (b) that have been received by the clerk.
(4) The distribution of the amounts received by the
clerk.
(c) A party shall report to the clerk of the circuit
court changes in information required to the disclosed under
this Section within 5 business days of the change.
(d) To the extent that updated information is in the
clerk's possession, the clerk shall provide updates of the
information specified in subsection (b) of this Section
within 5 business days after the Illinois Department of
Public Aid's request for that updated information.
(Source: P.A. 91-212, eff. 7-20-99.)
Section 15. The Non-Support Punishment Act is amended by
changing Section 30 as follows:
(750 ILCS 16/30)
Sec. 30. Information to State Case Registry.
(a) In this Section:
"Order for support", "obligor", "obligee", and "business
day" are defined as set forth in the Income Withholding for
Support Act.
"State Case Registry" means the State Case Registry
established under Section 10-27 of the Illinois Public Aid
Code.
(b) Each order for support entered or modified by the
circuit court under this Act shall require that the obligor
and obligee (i) file with the clerk of the circuit court the
information required by this Section (and any other
information required under Title IV, Part D of the Social
Security Act or by the federal Department of Health and Human
Services) at the time of entry or modification of the order
for support and (ii) file updated information with the clerk
within 5 business days of any change. Failure of the obligor
or obligee to file or update the required information shall
be punishable as in cases of contempt. The failure shall not
prevent the court from entering or modifying the order for
support, however.
(c) The obligor shall file the following information:
the obligor's name, date of birth, social security number,
and mailing address.
If either the obligor or the obligee receives child
support enforcement services from the Illinois Department of
Public Aid under Article X of the Illinois Public Aid Code,
the obligor shall also file the following information: the
obligor's telephone number, driver's license number, and
residential address (if different from the obligor's mailing
address), and the name, address, and telephone number of the
obligor's employer or employers.
(d) The obligee shall file the following information:
(1) The names of the obligee and the child or
children covered by the order for support.
(2) The dates of birth of the obligee and the child
or children covered by the order for support.
(3) The social security numbers of the obligee and
the child or children covered by the order for support.
(4) The obligee's mailing address.
(e) In cases in which the obligee receives child support
enforcement services from the Illinois Department of Public
Aid under Article X of the Illinois Public Aid Code, the
order for support shall (i) require that the obligee file the
information required under subsection (d) with the Illinois
Department of Public Aid for inclusion in the State Case
Registry, rather than file the information with the clerk,
and (ii) require that the obligee include the following
additional information:
(1) The obligee's telephone and driver's license
numbers.
(2) The obligee's residential address, if different
from the obligee's mailing address.
(3) The name, address, and telephone number of the
obligee's employer or employers.
The order for support shall also require that the obligee
update the information filed with the Illinois Department of
Public Aid within 5 business days of any change.
(f) The clerk shall provide the information filed under
this Section, together with the court docket number and
county in which the order for support was entered, to the
State Case Registry within 5 business days after receipt of
the information.
(g) In a case in which a party is receiving child
support enforcement services under Article X of the Illinois
Public Aid Code, the clerk shall provide the following
additional information to the State Case Registry within 5
business days after entry or modification of an order for
support or request from the Illinois Department of Public
Aid:
(1) The amount of monthly or other periodic support
owed under the order for support and other amounts,
including arrearage, interest, or late payment penalties
and fees, due or overdue under the order.
(2) Any such amounts that have been received by the
clerk, and the distribution of those amounts by the
clerk.
(h) Information filed by the obligor and obligee under
this Section that is not specifically required to be included
in the body of an order for support under other laws is not a
public record and shall be treated as confidential and
subject to disclosure only in accordance with the provisions
of this Section, Section 10-27 of the Illinois Public Aid
Code, and Title IV, Part D of the Social Security Act.
(a) When an order for support is entered or modified
under Section 20 of this Act, the clerk of the court shall,
within 5 business days, provide to the State Case Registry
established under Section 10-27 of the Illinois Public Aid
Code the court docket number and county in which the order is
entered or modified and the following information, which the
parents involved in the case shall disclose to the court:
(1) the names of the custodial and noncustodial
parents and of the child or children covered by the
order;
(2) the dates of birth of the custodial and
noncustodial parents and of the child or children covered
by the order;
(3) the social security numbers of the custodial and
noncustodial parents and, if available, of the child or
children covered by the order;
(4) the residential and mailing address for the
custodial and noncustodial parents;
(5) the telephone numbers for the custodial and
noncustodial parents;
(6) the driver's license numbers for the custodial
and noncustodial parents; and
(7) the name, address, and telephone number of each
parent's employer or employers.
(b) When an order for support is entered or modified
under Section 20 in a case in which a party is receiving
child and spouse support services under Article X of the
Illinois Public Aid Code, the clerk shall provide the State
Case Registry with the following information within 5
business days:
(1) the information specified in subsection (a);
(2) the amount of monthly or other periodic support
owed under the order and other amounts, including
arrearages, interest, or late payment penalties and fees,
due or overdue under the order;
(3) any amounts described in subdivision (2) of this
subsection (b) that have been received by the clerk; and
(4) the distribution of the amounts received by the
clerk.
(c) A party shall report to the clerk of the circuit
court changes in information required to be disclosed under
this Section within 5 business days of the change.
(d) To the extent that updated information is in the
clerk's possession, the clerk shall provide updates of the
information specified in subsection (b) within 5 business
days after the Illinois Department of Public Aid's request
for that updated information.
(Source: P.A. 91-613, eff. 10-1-99.)
Section 17. The Uniform Interstate Family Support Act is
amended by changing Section 602 as follows:
(750 ILCS 22/602)
Sec. 602. Procedure to register order for enforcement.
(a) A support order or income-withholding order of
another state may be registered in this State by sending the
following documents and information to the appropriate
tribunal circuit court in this State:
(1) a letter of transmittal to the tribunal
requesting registration and enforcement;
(2) 2 copies, including one certified copy, of all
orders to be registered, including any modification of an
order;
(3) a sworn statement by the party seeking
registration or a certified statement by the custodian of
the records showing the amount of any arrearage;
(4) the name of the obligor and, if known:
(i) the obligor's address and social security
number;
(ii) the name and address of the obligor's
employer and any other source of income of the
obligor; and
(iii) a description and the location of
property of the obligor in this State not exempt
from execution; and
(5) the name and address of the obligee and, if
applicable, the agency or person to whom support payments
are to be remitted.
(b) On receipt of a request for registration, the
registering tribunal shall cause the order to be filed as a
foreign judgment, together with one copy of the documents and
information, regardless of their form.
(c) A petition or comparable pleading seeking a remedy
that must be affirmatively sought under other law of this
State may be filed at the same time as the request for
registration or later. The pleading must specify the grounds
for the remedy sought.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
Section 20. The Illinois Parentage Act of 1984 is
amended by changing Section 14.1 as follows:
(750 ILCS 45/14.1)
Sec. 14.1. Information to State Case Registry.
(a) In this Section:
"Order for support", "obligor", "obligee", and "business
day" are defined as set forth in the Income Withholding for
Support Act.
"State Case Registry" means the State Case Registry
established under Section 10-27 of the Illinois Public Aid
Code.
(b) Each order for support entered or modified by the
circuit court under this Act shall require that the obligor
and obligee (i) file with the clerk of the circuit court the
information required by this Section (and any other
information required under Title IV, Part D of the Social
Security Act or by the federal Department of Health and Human
Services) at the time of entry or modification of the order
for support and (ii) file updated information with the clerk
within 5 business days of any change. Failure of the obligor
or obligee to file or update the required information shall
be punishable as in cases of contempt. The failure shall not
prevent the court from entering or modifying the order for
support, however.
(c) The obligor shall file the following information:
the obligor's name, date of birth, social security number,
and mailing address.
If either the obligor or the obligee receives child
support enforcement services from the Illinois Department of
Public Aid under Article X of the Illinois Public Aid Code,
the obligor shall also file the following information: the
obligor's telephone number, driver's license number, and
residential address (if different from the obligor's mailing
address), and the name, address, and telephone number of the
obligor's employer or employers.
(d) The obligee shall file the following information:
(1) The names of the obligee and the child or
children covered by the order for support.
(2) The dates of birth of the obligee and the child
or children covered by the order for support.
(3) The social security numbers of the obligee and
the child or children covered by the order for support.
(4) The obligee's mailing address.
(e) In cases in which the obligee receives child support
enforcement services from the Illinois Department of Public
Aid under Article X of the Illinois Public Aid Code, the
order for support shall (i) require that the obligee file the
information required under subsection (d) with the Illinois
Department of Public Aid for inclusion in the State Case
Registry, rather than file the information with the clerk,
and (ii) require that the obligee include the following
additional information:
(1) The obligee's telephone and driver's license
numbers.
(2) The obligee's residential address, if different
from the obligee's mailing address.
(3) The name, address, and telephone number of the
obligee's employer or employers.
The order for support shall also require that the obligee
update the information filed with the Illinois Department of
Public Aid within 5 business days of any change.
(f) The clerk shall provide the information filed under
this Section, together with the court docket number and
county in which the order for support was entered, to the
State Case Registry within 5 business days after receipt of
the information.
(g) In a case in which a party is receiving child
support enforcement services under Article X of the Illinois
Public Aid Code, the clerk shall provide the following
additional information to the State Case Registry within 5
business days after entry or modification of an order for
support or request from the Illinois Department of Public
Aid:
(1) The amount of monthly or other periodic support
owed under the order for support and other amounts,
including arrearage, interest, or late payment penalties
and fees, due or overdue under the order.
(2) Any such amounts that have been received by the
clerk, and the distribution of those amounts by the
clerk.
(h) Information filed by the obligor and obligee under
this Section that is not specifically required to be included
in the body of an order for support under other laws is not a
public record and shall be treated as confidential and
subject to disclosure only in accordance with the provisions
of this Section, Section 10-27 of the Illinois Public Aid
Code, and Title IV, Part D of the Social Security Act.
(a) When an order for support is entered or modified
under this Act, the clerk of the circuit court shall, within
5 business days, provide to the State Case Registry
established under Section 10-27 of the Illinois Public Aid
Code the court docket number and county in which the order
is entered or modified and the following information,
which the parties shall disclose to the court:
(1) The names of the custodial and non-custodial
parents and of the child or children covered by the
order.
(2) The dates of birth of the custodial and
non-custodial parents and of the child or children
covered by the order.
(3) The social security numbers of the custodial
and non-custodial parents and of the child or children
covered by the order.
(4) The residential and mailing addresses for the
custodial and non-custodial parents.
(5) The telephone numbers for the custodial and
non-custodial parents.
(6) The driver's license numbers for the custodial
and non-custodial parents.
(7) The name, address, and telephone number of each
parent's employer or employers.
(b) When a child support order is entered or modified
for a case in which a party is receiving child and spouse
support services under Article X of the Illinois Public Aid
Code, the clerk shall provide the State Case Registry with
the following information:
(1) The information specified in subsection (a) of
this Section.
(2) The amount of monthly or other periodic support
owed under the order and other amounts, including
arrearages, interest, or late payment penalties and fees,
due or overdue under the order.
(3) Any amounts described in subdivision (2) of
this subsection (b) that have been received by the clerk.
(4) The distribution of the amounts received by the
clerk.
(c) The parties affected by the order shall inform the
clerk of court of any change of address or of other condition
that may affect the administration of the order.
(d) To the extent that updated information is in the
clerk's possession, the clerk shall provide updates of the
information specified in subsection (b) of this Section
within 5 business days after the Illinois Department of
Public Aid's request for that updated information.
(Source: P.A. 91-212, eff. 7-20-99.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 30, 2001.
Approved August 22, 2001.
Effective August 22, 2001.
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