Public Act 097-0994
 
HB5221 EnrolledLRB097 18123 DRJ 65561 b


  
    AN ACT concerning  civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Income Withholding for Support Act is 
amended  by changing Sections 20, 35, and 45 as follows:
 



    (750 ILCS 28/20)



    Sec. 20. Entry of order for support containing income 
withholding
provisions; income withholding notice.
    (a) In addition to any content required under other laws, 
every order for
support entered on or after July 1, 1997, 
shall:


        (1) Require an income withholding notice to be prepared 
    and served
immediately upon any payor of the obligor by the 
    obligee or public office,
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 ensures payment of support.  In 
    that case, the order for
support shall provide that an 
    income withholding notice is to be prepared and
served only 
    if the obligor becomes delinquent in paying the order for 
    support;
and


        (2) Contain a dollar amount to be paid until payment in 
    full of any
delinquency that accrues after entry of the 
    order for support.  The amount for
payment of delinquency 
    shall not be less than 20% of the total of the current

    support amount and the amount to be paid periodically for 
    payment of any
arrearage stated in the order for support; 
    and


        (3) Include the obligor's Social Security Number, 
    which the obligor shall
disclose to the court.  If the 
    obligor is not a United States citizen, the
obligor shall 
    disclose to the court, and the court shall include in the 
    order
for support, the obligor's alien registration 
    number, passport number, and home
country's social 
    security or national health number, if
applicable.

    (b) At the time the order for support is entered, the Clerk 
of the Circuit
Court shall provide a copy of the order to the 
obligor and shall make copies
available to the obligee and 
public office.

    (c) The income withholding notice shall:


        (1) be in the standard format prescribed by the federal 
    Department of
Health and Human Services; and


        (1.1) state the date of entry of the order for support 
    upon which the
income withholding notice is based; and


        (2) direct any payor to withhold the dollar amount 
    required for current
support under the order for support; 
    and


        (3) direct any payor to withhold the dollar amount 
    required to be paid
periodically under the order for 
    support for payment of the amount of any
arrearage stated 
    in the order for support; and


        (4) 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


        (5) state the amount of the payor income withholding 
    fee specified under
this Section; and


        (6) state that the amount actually withheld from the 
    obligor's income for
support and other purposes, including 
    the payor withholding fee specified under
this Section, may 
    not be in excess of the maximum amount permitted under the

    federal Consumer Credit Protection Act; and


        (7) in bold face type, the size of which
equals the 
    largest type on the notice, state the duties of the payor 
    and the fines and penalties for failure
to withhold and pay 
    over income and for discharging, disciplining, refusing to

    hire, or otherwise penalizing the obligor because of the 
    duty to withhold and
pay over income under this Section; 
    and


        (8) state the rights, remedies, and duties of the 
    obligor under this
Section; and


        (9) include the Social Security number of the obligor; 
    and


        (10) 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; and


        (11) contain the signature of the obligee or
the 
    printed name and telephone number of the authorized

    representative of the public office, except that the 
    failure to contain the
signature of the obligee or the 
    printed name and telephone number of
the authorized 
    representative of the public office shall not
affect the 
    validity of the income withholding
notice; and


        (12) direct any payor to pay over amounts withheld for 
    payment of support
to the State Disbursement Unit.

    (d) The accrual of a delinquency as a condition for service 
of an income
withholding notice, under the exception to 
immediate withholding in subsection
(a) of this Section, shall 
apply only to the initial service of an income
withholding 
notice on a payor of the obligor.

    (e) Notwithstanding the exception to immediate withholding 
contained in
subsection (a) of this Section, if the court finds 
at the time of any hearing
that an arrearage has accrued, the 
court shall order immediate service of an
income withholding 
notice upon the payor.

    (f) If the order for support, under the exception to 
immediate withholding
contained in subsection (a) of this 
Section, provides that an income
withholding notice is to be 
prepared and served only if the obligor becomes
delinquent in 
paying the order for support, the obligor may execute a written

waiver of that condition and request immediate service on the 
payor.

    (g) The obligee or public office may serve the income 
withholding notice on
the payor or its superintendent, manager, 
or other agent by ordinary mail or
certified mail return 
receipt requested, by facsimile transmission or other

electronic means, by personal delivery, or by any method 
provided by law for
service of a summons.  At the time of 
service on the payor and as notice that
withholding has 
commenced, the obligee or public office shall serve a copy of

the income withholding notice on the obligor by ordinary mail 
addressed to his
or her last known address. A copy of an income 
withholding notice and proof of service shall be filed with the 
Clerk of the Circuit Court only when necessary in connection 
with a petition to contest, modify, suspend, terminate, or 
correct an income withholding notice, an action to enforce 
income withholding against a payor, or the resolution of  other 
disputes involving an income withholding notice. The changes 
made to this subsection by this amendatory Act of the 96th 
General Assembly apply on and after September 1, 2009.

    (h) At any time after the initial service of an income 
withholding notice,
any other payor of the obligor may be 
served with the same income
withholding notice without further 
notice to the obligor.
A copy of the income withholding notice 
together with a proof of service on
the other payor shall be 
filed with the Clerk of the Circuit Court.

    (i) New service of an income withholding notice is not 
required in order to
resume withholding of income in the case 
of an obligor with respect to whom an
income withholding notice 
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.

(Source: P.A. 96-858, eff. 1-8-10.)

 



    (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 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 total penalty for a 
payor's failure, on one occasion, to withhold or pay to the 
State Disbursement Unit an amount designated in the
income 
withholding notice may not exceed $10,000.  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. An action to collect the penalty may 
not be brought more than one year after the date of the payor's 
alleged failure to withhold or pay income.
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
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.
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.

    (d) No payor shall discharge, discipline, refuse to hire or 
otherwise
penalize any obligor because of the duty to withhold 
income.

(Source: P.A. 96-53, eff. 1-1-10.)

 



    (750 ILCS 28/45)



    Sec. 45. Additional duties. 

    (a) An obligee who is receiving income withholding
payments 
under this Act shall notify the State Disbursement Unit and the 
Clerk
of the Circuit Court of any change of address within 7

days of such change.

    (b) An obligee who is a recipient of public aid shall send 
a copy of
any income withholding notice served by the obligee 
to the Division
of Child Support Enforcement of the
Department 
of Healthcare and Family Services.

    (c) Each obligor shall notify the obligee, the public 
office, and the
Clerk of the Circuit
Court of any change of 
address within 7 days.

    (d) An obligor whose income is being withheld pursuant to 
this Act shall notify
the
obligee, the public office,
and the 
Clerk of the Circuit Court of any new payor, within 7 days.

    (e) (Blank.)

    (f) 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.

    (g) The State Disbursement Unit shall
maintain complete, 
accurate, and clear records of all income withholding
payments 
and their
disbursements.  Certified copies of payment records 
maintained by the State
Disbursement Unit, a public
office, or 
the Clerk of the Circuit Court shall, without further proof, be

admitted into evidence in any legal proceedings under this Act.

    (h) The Department of Healthcare and Family Services shall 
design suggested legal
forms for proceeding under this Act 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.

    (i) At the time of transmitting each support payment, the 
State
Disbursement Unit shall provide the obligee or public 
office, as appropriate,
with any information furnished by the 
payor as to the date
the amount would (but for the duty to 
withhold income) have been paid or
credited to the obligor.

    (j) If an obligee who is receiving income withholding

payments under this Act does not receive a payment required 
under the income withholding notice, he or she must give 
written notice of the non-receipt to the payor. The notice must 
include the date on which the obligee believes the payment was 
to have been made and the amount of the payment. The obligee 
must send the notice to the payor by certified mail, return 
receipt requested.
    After receiving a written notice of non-receipt of payment 
under this subsection, a payor must, within 14 days thereafter, 
either (i) notify the obligee of the reason for the non-receipt 
of payment or (ii) make the required payment, together with 
interest at the rate of 9% calculated from the date on which 
the payment of income should have been made. A payor who fails 
to comply with this subsection is subject to the $100 per day 
penalty provided under subsection (a) of Section 35 of this 
Act. 
(Source: P.A. 95-331, eff. 8-21-07.)

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