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| Public Act 096-0053 |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Income Withholding for Support Act is | ||||
amended by changing Section 35 as follows:
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(750 ILCS 28/35)
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Sec. 35. Duties of payor.
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(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,
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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
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amount would (but for the duty to withhold income) have been | ||||
paid or credited
to the obligor. If the payor knowingly fails | ||
to withhold the amount designated
in the income
withholding | ||
notice or 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, then the payor shall | ||
pay a penalty of $100 for each day that the
amount designated | ||
in the income withholding notice (whether or
not withheld by | ||
the payor) 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
or a sheriff's or private process server's | ||
proof of service showing the date
the income withholding notice | ||
was served on the payor.
For purposes of this Act,
a withheld
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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
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the amount would (but for the duty to withhold income) have | ||
been paid or
credited to the obligor.
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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.
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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
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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
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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
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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
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along with notice of conversion privileges.
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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.
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(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.
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(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.
Income available for | ||
withholding shall be applied first to the current
support | ||
obligation, then to any premium required for employer, labor | ||
union, or
trade union-related health insurance coverage | ||
ordered under the order for
support, and then to payments | ||
required on past-due support obligations. If
there is | ||
insufficient available income remaining to pay the full amount | ||
of the
required health insurance premium after withholding of | ||
income for the current
support obligation, then the remaining | ||
available income shall be applied to
payments required on | ||
past-due support obligations.
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.
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.
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(d) No payor shall discharge, discipline, refuse to hire or | ||
otherwise
penalize any obligor because of the duty to withhold | ||
income.
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(Source: P.A. 92-590, eff. 7-1-02; 93-294, eff. 1-1-04.)
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