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1 | AN ACT concerning child support.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||
5 | Department of Child Support Services Act. | ||||||||||||||||||||||||
6 | Section 5. Definitions. In this Act: | ||||||||||||||||||||||||
7 | "Department" means the Department of Child Support | ||||||||||||||||||||||||
8 | Services. | ||||||||||||||||||||||||
9 | "Director" means the Director of Child Support Services. | ||||||||||||||||||||||||
10 | Section 10. Department; Director; organization. | ||||||||||||||||||||||||
11 | (a) The Department of Child Support Services is created. | ||||||||||||||||||||||||
12 | (b) The Governor shall appoint the Director of Child | ||||||||||||||||||||||||
13 | Support Services as the head of the Department. | ||||||||||||||||||||||||
14 | (c) The Director shall create divisions and administrative | ||||||||||||||||||||||||
15 | units within the
Department and shall assign functions, powers, | ||||||||||||||||||||||||
16 | duties, and personnel as may now
or in the future be required | ||||||||||||||||||||||||
17 | by federal law. The Director may create other
divisions and | ||||||||||||||||||||||||
18 | administrative units and may assign other functions, powers,
| ||||||||||||||||||||||||
19 | duties, and personnel as may be necessary or desirable to carry | ||||||||||||||||||||||||
20 | out the
functions and responsibilities vested by law in the | ||||||||||||||||||||||||
21 | Department. | ||||||||||||||||||||||||
22 | (d) The Director shall ensure that there is an adequate
| ||||||||||||||||||||||||
23 | organizational structure and sufficient staff to perform | ||||||||||||||||||||||||
24 | functions
delegated to any governmental unit relating to Part D | ||||||||||||||||||||||||
25 | (commencing
with Section 651) of Subchapter 4 of Chapter 7 of | ||||||||||||||||||||||||
26 | Title 42 of the
United States Code, including a sufficient | ||||||||||||||||||||||||
27 | number of attorneys to
ensure that all requirements of due | ||||||||||||||||||||||||
28 | process are satisfied in the
establishment and enforcement of | ||||||||||||||||||||||||
29 | child support orders.
| ||||||||||||||||||||||||
30 | Section 15. Department functions. |
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| |||||||
1 | (a) The Department shall exercise the rights, powers, | ||||||
2 | duties, and functions
provided by law, including, but not | ||||||
3 | limited to, the rights, powers, duties, and
functions | ||||||
4 | transferred to the Department under this
Act. | ||||||
5 | (b) The
Department shall administer all services and | ||||||
6 | perform all functions
necessary to establish, collect, and | ||||||
7 | distribute child and spouse support.
The Department is | ||||||
8 | designated the single
organizational unit whose duty it shall | ||||||
9 | be to administer the Title
IV-D State plan for securing child | ||||||
10 | and spouse support and determining paternity. State plan | ||||||
11 | functions shall be
performed by other agencies as required by | ||||||
12 | law, by delegation of the
Department, or by cooperative | ||||||
13 | agreement.
In performing its functions under this Section, the | ||||||
14 | Department shall strive to reduce the cost of, and increase
the | ||||||
15 | speed and efficiency of, child and spouse support enforcement | ||||||
16 | operations.
| ||||||
17 | (c) The Department shall ensure that its offices and | ||||||
18 | services are reasonably accessible throughout the
State and | ||||||
19 | shall establish systems for informing the public,
including | ||||||
20 | custodial and noncustodial parents of dependent children,
of | ||||||
21 | its services and operations.
| ||||||
22 | (d) The Department shall maximize the use of federal funds
| ||||||
23 | available for the costs of administering a child support | ||||||
24 | services
department and, to the maximum extent feasible, shall | ||||||
25 | obtain funds from
federal financial incentives for the | ||||||
26 | efficient collection of child
support, to defray the remaining | ||||||
27 | costs of administration of the
Department consistent with | ||||||
28 | effective and efficient support
enforcement.
| ||||||
29 | Section 20. Confidentiality of records. | ||||||
30 | (a) It is the intent of the General Assembly to protect
| ||||||
31 | individual rights of privacy, and to facilitate and enhance the
| ||||||
32 | effectiveness of the child and spouse support enforcement | ||||||
33 | program,
by ensuring the confidentiality of support | ||||||
34 | enforcement and child
abduction records, and to thereby | ||||||
35 | encourage the full and frank
disclosure of information relevant |
| |||||||
| |||||||
1 | to all of the following: | ||||||
2 | (1) The establishment or maintenance of parent and | ||||||
3 | child
relationships and support obligations. | ||||||
4 | (2) The enforcement of the child support liability of | ||||||
5 | absent
parents. | ||||||
6 | (3) The enforcement of spouse support liability of the | ||||||
7 | spouse or
former spouse to the extent required by the State | ||||||
8 | plan. | ||||||
9 | (4) The location of absent parents. | ||||||
10 | (5) The location of parents and of children abducted, | ||||||
11 | concealed, or
detained by them.
| ||||||
12 | (b) Except as provided in subsection (c), all files,
| ||||||
13 | applications, papers, documents, and records established or
| ||||||
14 | maintained by any public entity pursuant to the administration | ||||||
15 | and
implementation of the child and spouse support enforcement | ||||||
16 | program
established pursuant to Part D (commencing with Section | ||||||
17 | 651) of
Subchapter IV of Chapter 7 of Title 42 of the United | ||||||
18 | States Code and
this Act, shall be confidential and shall not | ||||||
19 | be open to
examination or released for disclosure for any | ||||||
20 | purpose not directly
connected with the administration of the | ||||||
21 | child and spouse support
enforcement program. No public entity | ||||||
22 | shall disclose any file,
application, paper, document, or | ||||||
23 | record, or the information contained
therein, except as | ||||||
24 | expressly authorized by this Section.
| ||||||
25 | In no case shall information be released or the whereabouts | ||||||
26 | of
one party or the child disclosed to another party, or to the
| ||||||
27 | attorney of any other party, if a protective order has been | ||||||
28 | issued by
a court or administrative agency with respect to the | ||||||
29 | party or the Department has
reason to believe that the release | ||||||
30 | of the information may result in
physical or emotional harm to | ||||||
31 | the party or the child. When the Department is prohibited from | ||||||
32 | releasing information
pursuant to this subsection, the | ||||||
33 | information shall be omitted from
any pleading or document to | ||||||
34 | be submitted to the court, and this
subsection shall be cited | ||||||
35 | in the pleading or other document as the
authority for the | ||||||
36 | omission. The information shall be released only
upon an order |
| |||||||
| |||||||
1 | of the court pursuant to paragraph (6) of subsection
(c). | ||||||
2 | Notwithstanding any other provision of law, a proof of | ||||||
3 | service
filed by the Department shall not disclose the
address | ||||||
4 | where service of process was accomplished. Instead, the
| ||||||
5 | Department shall keep the address in its own records.
The proof | ||||||
6 | of service shall specify that the address is on record at
the | ||||||
7 | Department and that the address may be released
only upon an | ||||||
8 | order from the court pursuant to paragraph (6) of
subsection | ||||||
9 | (c). Upon request
by a party served, the Department shall | ||||||
10 | release to that person the address where service
was effected.
| ||||||
11 | (c) Disclosure of the information described in subsection | ||||||
12 | (b) is
authorized as follows:
| ||||||
13 | (1) All files, applications, papers, documents, and | ||||||
14 | records as
described in subsection (b) shall be available | ||||||
15 | and may be used by a
public entity for all administrative, | ||||||
16 | civil, or criminal
investigations, actions, proceedings, | ||||||
17 | or prosecutions conducted in
connection with the | ||||||
18 | administration of the child and spouse support
enforcement | ||||||
19 | program approved under Part D (commencing with Section
651) | ||||||
20 | of Subchapter IV of Chapter 7 of Title 42 of the United | ||||||
21 | States
Code and to the Departments of Human Services and | ||||||
22 | Public Aid in connection with
administering programs | ||||||
23 | operated under the Illinois Public Aid Code. | ||||||
24 | (2) A document requested by a person who wrote, | ||||||
25 | prepared, or
furnished the document may be examined by or | ||||||
26 | disclosed to that person
or his or her designee. | ||||||
27 | (3) The payment history of an obligor pursuant to a | ||||||
28 | support order
may be examined by or released to the court, | ||||||
29 | the obligor, or the
person on whose behalf enforcement | ||||||
30 | actions are being taken or that
person's designee. | ||||||
31 | (4) Income and expense information of either parent may | ||||||
32 | be
released to the other parent for the purpose of | ||||||
33 | establishing or
modifying a support order. | ||||||
34 | (5) Public records subject to disclosure under the | ||||||
35 | Freedom of Information Act may be released. | ||||||
36 | (6) After a noticed motion and a finding by the court, |
| |||||||
| |||||||
1 | in a case
in which support establishment or enforcement | ||||||
2 | actions are being taken, that
release or disclosure to the | ||||||
3 | obligor or obligee is required by due
process of law, the | ||||||
4 | court may order a public entity that possesses an
| ||||||
5 | application, paper, document, or record as described in | ||||||
6 | subsection
(b) to make that item available to the obligor | ||||||
7 | or obligee for
examination or copying, or to disclose to | ||||||
8 | the obligor or obligee the
contents of that item. At any | ||||||
9 | hearing of a motion filed
pursuant to this paragraph, the | ||||||
10 | court shall inquire of the Department and the parties | ||||||
11 | appearing at the hearing whether there is
reason to believe | ||||||
12 | that release of the requested information may
result in | ||||||
13 | physical or emotional harm to a party. If the court
| ||||||
14 | determines that harm may occur, the court shall issue any | ||||||
15 | protective
orders or injunctive orders restricting the use | ||||||
16 | and disclosure of the
information as are necessary to | ||||||
17 | protect the individuals. | ||||||
18 | (7) To the extent not prohibited by federal law or | ||||||
19 | regulation,
information indicating the existence or | ||||||
20 | imminent threat of a crime
against a child, or the location | ||||||
21 | of a concealed, detained, or abducted
child or the location | ||||||
22 | of the concealing, detaining, or abducting
person, may be | ||||||
23 | disclosed to any State's Attorney, any appropriate
law | ||||||
24 | enforcement agency, or any State or local child protective
| ||||||
25 | agency, or may be used in any judicial proceedings to | ||||||
26 | prosecute that
crime or to protect the child. | ||||||
27 | (8) The social security number, most recent address, | ||||||
28 | and place
of employment of the absent parent may be | ||||||
29 | released to an authorized
person as defined in Section | ||||||
30 | 653(c) of Title 42 of the United States
Code, but only if | ||||||
31 | the authorized person has filed a request for the
| ||||||
32 | information, and only if the information has been provided | ||||||
33 | to the
Department by the federal Parent Locator
Service | ||||||
34 | pursuant to Section 653 of Title 42 of the United States
| ||||||
35 | Code.
| ||||||
36 | (d) In this Section: |
| |||||||
| |||||||
1 | "Administration and implementation of the child and
spouse | ||||||
2 | support enforcement program", as used in this Section, means
| ||||||
3 | the carrying out of the State plan for establishing,
modifying, | ||||||
4 | and enforcing child support obligations, enforcing spouse
| ||||||
5 | support orders, and determining paternity pursuant to Part D
| ||||||
6 | (commencing with Section 651) of Subchapter IV of Chapter 7 of | ||||||
7 | Title
42 of the United States Code and this Act. | ||||||
8 | "Obligor" has the meaning ascribed to that term in the | ||||||
9 | Income Withholding for Support Act. | ||||||
10 | "Putative parent" means any
person reasonably believed to | ||||||
11 | be the parent of a child for whom the
Department is attempting | ||||||
12 | to establish paternity or
establish, modify, or enforce | ||||||
13 | support.
| ||||||
14 | (e) Any person who knowingly
violates this Section is | ||||||
15 | guilty of a Class A misdemeanor.
| ||||||
16 | (f) Nothing in this Section shall be construed to compel | ||||||
17 | the
disclosure of information relating to a deserting parent | ||||||
18 | who is a
recipient of aid under a public assistance program for | ||||||
19 | which federal
aid is paid to this State, if that information is | ||||||
20 | required to be kept
confidential by the federal law or | ||||||
21 | regulations relating to the
program.
| ||||||
22 | Section 25. Department as successor agency. For the | ||||||
23 | purposes of the Successor Agency Act and for purposes of | ||||||
24 | Section 9b of the State Finance Act, the Department of Child | ||||||
25 | Support Services is declared to be the successor agency of the | ||||||
26 | Department of Public
Aid, but only with respect to the | ||||||
27 | functions of the Department of Public Aid that are
transferred | ||||||
28 | to the Department of Child Support Services under this Act. | ||||||
29 | Section 30. Transfer of powers. All of the rights, powers, | ||||||
30 | duties, and functions vested in the Department of
Public Aid | ||||||
31 | (or in any office, council, committee, division, or bureau | ||||||
32 | thereof) in connection with the administration of the Title | ||||||
33 | IV-D State plan for securing child and spouse support and | ||||||
34 | determining paternity, including the rights, powers, duties, |
| |||||||
| |||||||
1 | and functions
under Article X of the Illinois Public Aid Code, | ||||||
2 | are transferred to the
Department of Child Support Services on | ||||||
3 | the effective date of this Act. | ||||||
4 | Section 35. Transfer of personnel. | ||||||
5 | (a) Except as provided in subsection (b), personnel | ||||||
6 | employed by the Department of Public Aid on the date | ||||||
7 | immediately preceding the effective date of this Act to perform | ||||||
8 | duties pertaining to one or more
functions transferred to the | ||||||
9 | Department of Child Support Services under this Act
are | ||||||
10 | transferred to the Department of Child Support Services on the | ||||||
11 | effective date of this Act.
| ||||||
12 | (b) In the case of a person employed by the Department of | ||||||
13 | Public Aid to perform
both duties pertaining to a function | ||||||
14 | transferred to the Department of Child Support
Services under | ||||||
15 | this Act and duties pertaining to a function retained by
the | ||||||
16 | Department of Public Aid, the Director of Child Support | ||||||
17 | Services, in consultation with the Director of Public Aid, | ||||||
18 | shall determine whether to transfer the employee to the
| ||||||
19 | Department of Child Support Services; until this determination | ||||||
20 | has been made, the
transfer shall not take effect.
| ||||||
21 | (c) The rights of State employees, the State, and its | ||||||
22 | agencies under the
Personnel Code and applicable collective | ||||||
23 | bargaining agreements and retirement
plans are not affected by | ||||||
24 | this Act. | ||||||
25 | Section 40. Transfer of property. | ||||||
26 | (a) Except as provided in subsection (b), all books, | ||||||
27 | records, documents,
property (real and personal), unexpended | ||||||
28 | appropriations, and pending business
pertaining to the rights, | ||||||
29 | powers, duties, and functions transferred to the
Department of | ||||||
30 | Child Support Services under this Act shall be transferred and
| ||||||
31 | delivered to the Department of Child Support Services promptly | ||||||
32 | after the effective date of this Act.
| ||||||
33 | (b) In the case of books, records, or documents that | ||||||
34 | pertain both to a
function transferred to the Department of |
| |||||||
| |||||||
1 | Child Support Services under this Act
and to a function | ||||||
2 | retained by the Department of Public Aid, the Director of Child | ||||||
3 | Support Services, in
consultation with the Director of Public | ||||||
4 | Aid, shall determine
whether the books, records, or documents | ||||||
5 | shall be transferred, copied, or left
with the Department of | ||||||
6 | Public Aid; until this determination has been made, the
| ||||||
7 | transfer shall not take effect.
| ||||||
8 | In the case of property or an unexpended appropriation that | ||||||
9 | pertains both to
a function transferred to the Department of | ||||||
10 | Child Support Services under this Act
and to a function | ||||||
11 | retained by the Department of Public Aid, the Director of Child | ||||||
12 | Support Services, in
consultation with the Director of Public | ||||||
13 | Aid, shall determine
whether the property or unexpended | ||||||
14 | appropriation shall be transferred, divided,
or left with the | ||||||
15 | Department of Public Aid; until this determination has been | ||||||
16 | made
(and, in the case of an unexpended appropriation, notice | ||||||
17 | of the determination
has been filed with the State | ||||||
18 | Comptroller), the transfer shall not take effect.
| ||||||
19 | Section 45. Rules. | ||||||
20 | (a) The rules of the Department of Public Aid that
are in | ||||||
21 | effect on the date immediately preceding the effective date of | ||||||
22 | this Act and pertain to the rights, powers, duties, and
| ||||||
23 | functions transferred to the Department of Child Support | ||||||
24 | Services under this Act shall become the
rules of the | ||||||
25 | Department of Child Support Services on the effective date of | ||||||
26 | this Act and
shall continue in effect until amended or repealed | ||||||
27 | by the Department of Child Support Services.
| ||||||
28 | (b) Any rules pertaining to the rights, powers, duties, and | ||||||
29 | functions
transferred to the Department of Child Support | ||||||
30 | Services under this Act that have been proposed by the | ||||||
31 | Department of Public Aid but have not taken effect or been | ||||||
32 | finally adopted by the date immediately preceding the effective | ||||||
33 | date of this Act shall become proposed rules of the Department | ||||||
34 | of Child Support Services on
the effective date of this Act, | ||||||
35 | and any rulemaking procedures that have already been completed |
| |||||||
| |||||||
1 | by
the Department of Public Aid for those proposed rules need | ||||||
2 | not be repeated.
| ||||||
3 | (c) As soon as practicable after the effective date of this | ||||||
4 | Act, the Department of Child Support
Services shall revise and | ||||||
5 | clarify the rules transferred to it under this Act to
reflect | ||||||
6 | the reorganization of rights, powers, duties, and functions | ||||||
7 | effected by
this Act using the procedures for recodification of | ||||||
8 | rules available under the
Illinois Administrative Procedure | ||||||
9 | Act, except that existing title, part, and
section numbering | ||||||
10 | for the affected rules may be retained. The Department of Child | ||||||
11 | Support Services may
propose and adopt under the Illinois | ||||||
12 | Administrative Procedure Act such other
rules as may be | ||||||
13 | necessary to consolidate and clarify the rules of the | ||||||
14 | Department of Public Aid
reorganized by this Act. | ||||||
15 | Section 50. Savings provisions. | ||||||
16 | (a) The rights, powers, duties, and functions transferred | ||||||
17 | to the Department
of Child Support Services by this Act shall | ||||||
18 | be vested in and exercised by the
Department subject to the | ||||||
19 | provisions of this Act. An act done by the
Department or an | ||||||
20 | officer, employee, or agent of the Department in the exercise
| ||||||
21 | of the transferred rights, powers, duties, or functions shall | ||||||
22 | have the same
legal effect as if done by the Department of | ||||||
23 | Public Aid or an officer, employee, or
agent of that | ||||||
24 | Department.
| ||||||
25 | (b) The transfer of rights, powers, duties, and functions | ||||||
26 | to the Department
of Child Support Services under this Act does | ||||||
27 | not invalidate any previous action taken
by or in respect to | ||||||
28 | the Department of Public Aid or any of that Department's | ||||||
29 | officers,
employees, or agents. References to the Department of | ||||||
30 | Public Aid or its
officers, employees, or agents in any | ||||||
31 | document, contract, agreement, or law
shall, in appropriate | ||||||
32 | contexts, be deemed to refer to the Department of Child Support | ||||||
33 | Services or its
officers, employees, or agents.
| ||||||
34 | (c) The transfer of rights, powers, duties, and functions | ||||||
35 | to the Department
of Child Support Services under this Act does |
| |||||||
| |||||||
1 | not affect any person's rights,
obligations, or duties, | ||||||
2 | including any civil or criminal penalties applicable
thereto, | ||||||
3 | arising out of those transferred rights, powers, duties, and
| ||||||
4 | functions.
| ||||||
5 | (d) With respect to matters that pertain to a right, power, | ||||||
6 | duty, or
function transferred to the Department of Child | ||||||
7 | Support Services under this Act:
| ||||||
8 | (1) On and after the effective date of this Act, a | ||||||
9 | report or notice that was previously
required to be made or | ||||||
10 | given by any person to the Department of Public Aid or any | ||||||
11 | of
its officers, employees, or agents shall be made or | ||||||
12 | given in the same manner to
the Department of Child Support | ||||||
13 | Services or its appropriate officer, employee, or agent.
| ||||||
14 | (2) On and after the effective date of this Act, a | ||||||
15 | document that was previously required to be
furnished or | ||||||
16 | served by any person to or upon the Department of Public | ||||||
17 | Aid or any of its
officers, employees, or agents shall be | ||||||
18 | furnished or served in the same
manner to or upon the | ||||||
19 | Department of Child Support Services or its appropriate | ||||||
20 | officer, employee, or
agent.
| ||||||
21 | (e) This Act does not affect any act done, ratified, or | ||||||
22 | cancelled, any right
occurring or established, or any action or | ||||||
23 | proceeding had or commenced in an
administrative, civil, or | ||||||
24 | criminal cause before the effective date of this Act. Any such | ||||||
25 | action
or proceeding that pertains to a right, power, duty, or | ||||||
26 | function transferred to
the Department of Child Support | ||||||
27 | Services under this Act and that is pending on that
date may be | ||||||
28 | prosecuted, defended, or continued by the Department of Child | ||||||
29 | Support Services. | ||||||
30 | Section 900. The State Comptroller Act is amended by | ||||||
31 | changing Section 10.05a as follows:
| ||||||
32 | (15 ILCS 405/10.05a) (from Ch. 15, par. 210.05a)
| ||||||
33 | Sec. 10.05a. Deductions from Warrants and Payments for | ||||||
34 | Satisfaction of
Past Due Child Support. At the direction of the |
| |||||||
| |||||||
1 | Department of Child Support Services
Public Aid ,
the | ||||||
2 | Comptroller shall deduct from a warrant or other payment | ||||||
3 | described in
Section 10.05 of this Act, in accordance with the | ||||||
4 | procedures provided
therein, and pay over to the Department or | ||||||
5 | the State Disbursement Unit
established under Section 10-26 of | ||||||
6 | the Illinois Public Aid Code, at the
direction of the | ||||||
7 | Department, that amount certified as necessary
to satisfy, in | ||||||
8 | whole or in part, past due support owed by a person on
account | ||||||
9 | of support action being taken by the Department or its | ||||||
10 | predecessor, the Department of Public Aid, under Article X of
| ||||||
11 | the Illinois Public Aid Code, whether or not such support is | ||||||
12 | owed to the
State. Such deduction shall have priority over any | ||||||
13 | garnishment except that
for payment of state or federal taxes. | ||||||
14 | In the case of joint payees, the
Comptroller shall deduct and | ||||||
15 | pay over to the Department or the State
Disbursement Unit, as | ||||||
16 | directed by the Department, the entire amount
certified. The | ||||||
17 | Comptroller shall provide the Department with the address to
| ||||||
18 | which the warrant or other payment was to be mailed and the | ||||||
19 | social security
number of each person from whom a deduction is | ||||||
20 | made pursuant to this Section.
| ||||||
21 | (Source: P.A. 91-212, eff. 7-20-99; 91-712, eff. 7-1-00.)
| ||||||
22 | Section 905. The Civil Administrative Code of Illinois is | ||||||
23 | amended by changing Sections 5-15 and 5-20 and by adding | ||||||
24 | Section 5-323 as follows:
| ||||||
25 | (20 ILCS 5/5-15) (was 20 ILCS 5/3)
| ||||||
26 | Sec. 5-15. Departments of State government. The | ||||||
27 | Departments of
State government are created as follows:
| ||||||
28 | The Department on Aging.
| ||||||
29 | The Department of Agriculture.
| ||||||
30 | The Department of Central Management Services. | ||||||
31 | The Department of Child Support Services.
| ||||||
32 | The Department of Children and Family Services.
| ||||||
33 | The Department of Commerce and Economic Opportunity.
| ||||||
34 | The Department of Corrections.
|
| |||||||
| |||||||
1 | The Department of Employment Security.
| ||||||
2 | The Emergency Management Agency.
| ||||||
3 | The Department of Financial Institutions.
| ||||||
4 | The Department of Human Rights.
| ||||||
5 | The Department of Human Services.
| ||||||
6 | The Department of Insurance.
| ||||||
7 | The Department of Labor.
| ||||||
8 | The Department of the Lottery.
| ||||||
9 | The Department of Natural Resources.
| ||||||
10 | The Department of Professional Regulation.
| ||||||
11 | The Department of Public Aid.
| ||||||
12 | The Department of Public Health.
| ||||||
13 | The Department of Revenue.
| ||||||
14 | The Department of State Police.
| ||||||
15 | The Department of Transportation.
| ||||||
16 | The Department of Veterans' Affairs.
| ||||||
17 | (Source: P.A. 93-25, eff. 6-20-03; 93-1029, eff. 8-25-04.)
| ||||||
18 | (20 ILCS 5/5-20) (was 20 ILCS 5/4)
| ||||||
19 | Sec. 5-20. Heads of departments. Each department shall have | ||||||
20 | an
officer as its head who shall
be known as director or | ||||||
21 | secretary and who shall, subject to the
provisions of the Civil | ||||||
22 | Administrative Code of Illinois,
execute the powers and | ||||||
23 | discharge the duties
vested by law in his or her respective | ||||||
24 | department.
| ||||||
25 | The following officers are hereby created:
| ||||||
26 | Director of Aging, for the Department on Aging.
| ||||||
27 | Director of Agriculture, for the Department of | ||||||
28 | Agriculture.
| ||||||
29 | Director of Central Management Services, for the | ||||||
30 | Department of Central
Management Services. | ||||||
31 | Director of Child Support Services, for the Department of | ||||||
32 | Child Support Services.
| ||||||
33 | Director of Children and Family Services, for the | ||||||
34 | Department of Children and
Family Services.
| ||||||
35 | Director of Commerce and Economic Opportunity, for
the |
| |||||||
| |||||||
1 | Department of Commerce
and Economic Opportunity.
| ||||||
2 | Director of Corrections, for the Department of | ||||||
3 | Corrections.
| ||||||
4 | Director of Emergency Management Agency, for the Emergency | ||||||
5 | Management Agency.
| ||||||
6 | Director of Employment Security, for the Department of | ||||||
7 | Employment Security.
| ||||||
8 | Director of Financial Institutions, for the Department of | ||||||
9 | Financial
Institutions.
| ||||||
10 | Director of Human Rights, for the Department of Human | ||||||
11 | Rights.
| ||||||
12 | Secretary of Human Services, for the Department of Human | ||||||
13 | Services.
| ||||||
14 | Director of Insurance, for the Department of Insurance.
| ||||||
15 | Director of Labor, for the Department of Labor.
| ||||||
16 | Director of the Lottery, for the Department of the Lottery.
| ||||||
17 | Director of Natural Resources, for the Department of | ||||||
18 | Natural Resources.
| ||||||
19 | Director of Professional Regulation, for the Department of | ||||||
20 | Professional
Regulation.
| ||||||
21 | Director of Public Aid, for the Department of Public Aid.
| ||||||
22 | Director of Public Health, for the Department of Public | ||||||
23 | Health.
| ||||||
24 | Director of Revenue, for the Department of Revenue.
| ||||||
25 | Director of State Police, for the Department of State | ||||||
26 | Police.
| ||||||
27 | Secretary of Transportation, for the Department of | ||||||
28 | Transportation.
| ||||||
29 | Director of Veterans' Affairs, for the Department of | ||||||
30 | Veterans' Affairs.
| ||||||
31 | (Source: P.A. 93-25, eff. 6-20-03; 93-1029, eff. 8-25-04.)
| ||||||
32 | (20 ILCS 5/5-323 new) | ||||||
33 | Sec. 5-323. In the Department of Child Support Services. | ||||||
34 | The Director of Child Support Services is entitled to an annual | ||||||
35 | salary as set by the Governor from time to time or an amount as |
| |||||||
| |||||||
1 | set by the Compensation Review Board, whichever is greater.
| ||||||
2 | Section 910. The Department of Employment Security Law of | ||||||
3 | the
Civil Administrative Code of Illinois is amended by | ||||||
4 | changing Section 1005-130 as follows:
| ||||||
5 | (20 ILCS 1005/1005-130) (was 20 ILCS 1005/43a.14)
| ||||||
6 | Sec. 1005-130. Exchange of information for child support
| ||||||
7 | enforcement.
| ||||||
8 | (a) The Department has the power to exchange with the | ||||||
9 | Illinois
Department of Child Support Services
Public Aid
| ||||||
10 | information that may be necessary for the enforcement of child | ||||||
11 | support
orders entered pursuant to the Illinois Public Aid | ||||||
12 | Code, the Illinois Marriage
and
Dissolution of Marriage Act, | ||||||
13 | the Non-Support of Spouse and Children Act, the
Non-Support | ||||||
14 | Punishment Act, the
Revised Uniform Reciprocal Enforcement of | ||||||
15 | Support Act, the
Uniform Interstate Family Support Act, or the | ||||||
16 | Illinois Parentage Act of 1984.
| ||||||
17 | (b) Notwithstanding any provisions in the Civil | ||||||
18 | Administrative
Code of Illinois to the contrary, the
Department | ||||||
19 | of Employment Security shall not be liable
to any person for | ||||||
20 | any disclosure of information to the Department of Child | ||||||
21 | Support Services or its predecessor, the
Illinois Department of | ||||||
22 | Public Aid , under subsection (a)
or for any other action taken | ||||||
23 | in good faith to comply with the requirements of
subsection | ||||||
24 | (a).
| ||||||
25 | (Source: P.A. 91-239, eff. 1-1-00; 91-613, eff. 10-1-99; 92-16, | ||||||
26 | eff.
6-28-01.)
| ||||||
27 | Section 915. The Department of Professional Regulation Law | ||||||
28 | of the
Civil Administrative Code of Illinois is amended by | ||||||
29 | changing Section 2105-15 as follows:
| ||||||
30 | (20 ILCS 2105/2105-15) (was 20 ILCS 2105/60)
| ||||||
31 | Sec. 2105-15. General powers and duties.
| ||||||
32 | (a) The Department has, subject to the provisions of the |
| |||||||
| |||||||
1 | Civil
Administrative Code of Illinois, the following powers and | ||||||
2 | duties:
| ||||||
3 | (1) To authorize examinations in English to ascertain | ||||||
4 | the qualifications
and fitness of applicants to exercise | ||||||
5 | the profession, trade, or occupation for
which the | ||||||
6 | examination is held.
| ||||||
7 | (2) To prescribe rules and regulations for a fair and | ||||||
8 | wholly
impartial method of examination of candidates to | ||||||
9 | exercise the respective
professions, trades, or | ||||||
10 | occupations.
| ||||||
11 | (3) To pass upon the qualifications of applicants for | ||||||
12 | licenses,
certificates, and authorities, whether by | ||||||
13 | examination, by reciprocity, or by
endorsement.
| ||||||
14 | (4) To prescribe rules and regulations defining, for | ||||||
15 | the
respective
professions, trades, and occupations, what | ||||||
16 | shall constitute a school,
college, or university, or | ||||||
17 | department of a university, or other
institution, | ||||||
18 | reputable and in good standing, and to determine the
| ||||||
19 | reputability and good standing of a school, college, or | ||||||
20 | university, or
department of a university, or other | ||||||
21 | institution, reputable and in good
standing, by reference | ||||||
22 | to a compliance with those rules and regulations;
provided, | ||||||
23 | that no school, college, or university, or department of a
| ||||||
24 | university, or other institution that refuses admittance | ||||||
25 | to applicants
solely on account of race, color, creed, sex, | ||||||
26 | or national origin shall be
considered reputable and in | ||||||
27 | good standing.
| ||||||
28 | (5) To conduct hearings on proceedings to revoke, | ||||||
29 | suspend, refuse to
renew, place on probationary status, or | ||||||
30 | take other disciplinary action
as authorized in any | ||||||
31 | licensing Act administered by the Department
with regard to | ||||||
32 | licenses, certificates, or authorities of persons
| ||||||
33 | exercising the respective professions, trades, or | ||||||
34 | occupations and to
revoke, suspend, refuse to renew, place | ||||||
35 | on probationary status, or take
other disciplinary action | ||||||
36 | as authorized in any licensing Act
administered by the |
| |||||||
| |||||||
1 | Department with regard to those licenses,
certificates, or | ||||||
2 | authorities. The Department shall issue a monthly
| ||||||
3 | disciplinary report. The Department shall deny any license | ||||||
4 | or
renewal authorized by the Civil Administrative Code of | ||||||
5 | Illinois to any person
who has defaulted on an
educational | ||||||
6 | loan or scholarship provided by or guaranteed by the | ||||||
7 | Illinois
Student Assistance Commission or any governmental | ||||||
8 | agency of this State;
however, the Department may issue a | ||||||
9 | license or renewal if the
aforementioned persons have | ||||||
10 | established a satisfactory repayment record as
determined | ||||||
11 | by the Illinois Student Assistance Commission or other | ||||||
12 | appropriate
governmental agency of this State. | ||||||
13 | Additionally, beginning June 1, 1996,
any license issued by | ||||||
14 | the Department may be suspended or revoked if the
| ||||||
15 | Department, after the opportunity for a hearing under the | ||||||
16 | appropriate licensing
Act, finds that the licensee has | ||||||
17 | failed to make satisfactory repayment to the
Illinois | ||||||
18 | Student Assistance Commission for a delinquent or | ||||||
19 | defaulted loan.
For the purposes of this Section, | ||||||
20 | "satisfactory repayment record" shall be
defined by rule. | ||||||
21 | The Department shall refuse to issue or renew a license to,
| ||||||
22 | or shall suspend or revoke a license of, any person who, | ||||||
23 | after receiving
notice, fails to comply with a subpoena or | ||||||
24 | warrant relating to a paternity or
child support | ||||||
25 | proceeding. However, the Department may issue a license or
| ||||||
26 | renewal upon compliance with the subpoena or warrant.
| ||||||
27 | The Department, without further process or hearings, | ||||||
28 | shall revoke, suspend,
or deny any license or renewal | ||||||
29 | authorized by the Civil Administrative Code of
Illinois to | ||||||
30 | a person who is certified by the Department of Child | ||||||
31 | Support Services or its predecessor, the Illinois | ||||||
32 | Department of Public Aid ,
as being more than 30 days | ||||||
33 | delinquent in complying with a child support order
or who | ||||||
34 | is certified by a court as being in violation of the | ||||||
35 | Non-Support
Punishment Act for more than 60 days. The | ||||||
36 | Department may, however, issue a
license or renewal if the |
| |||||||
| |||||||
1 | person has established a satisfactory repayment
record as | ||||||
2 | determined by the Illinois Department of Child Support | ||||||
3 | Services
Public Aid or if the person
is determined by the | ||||||
4 | court to be in compliance with the Non-Support Punishment
| ||||||
5 | Act. The Department may implement this paragraph as added | ||||||
6 | by Public Act 89-6
through the use of emergency rules in | ||||||
7 | accordance with Section 5-45 of the
Illinois | ||||||
8 | Administrative Procedure Act. For purposes of the Illinois
| ||||||
9 | Administrative Procedure Act, the adoption of rules to | ||||||
10 | implement this
paragraph shall be considered an emergency | ||||||
11 | and necessary for the public
interest, safety, and welfare.
| ||||||
12 | (6) To transfer jurisdiction of any realty under the | ||||||
13 | control of the
Department to any other department of the | ||||||
14 | State Government or to acquire
or accept federal lands when | ||||||
15 | the transfer, acquisition, or acceptance is
advantageous | ||||||
16 | to the State and is approved in writing by the Governor.
| ||||||
17 | (7) To formulate rules and regulations necessary for | ||||||
18 | the enforcement of
any Act administered by the Department.
| ||||||
19 | (8) To exchange with the Illinois Department of Child | ||||||
20 | Support Services
Public Aid information
that may be | ||||||
21 | necessary for the enforcement of child support orders | ||||||
22 | entered
pursuant to the Illinois Public Aid Code, the | ||||||
23 | Illinois Marriage and Dissolution
of Marriage Act, the | ||||||
24 | Non-Support of Spouse and Children Act, the Non-Support
| ||||||
25 | Punishment Act, the Revised Uniform Reciprocal Enforcement | ||||||
26 | of Support Act, the
Uniform Interstate Family Support Act, | ||||||
27 | or the Illinois Parentage Act of 1984.
Notwithstanding any | ||||||
28 | provisions in this Code to the contrary, the Department of
| ||||||
29 | Professional Regulation shall not be liable under any | ||||||
30 | federal or State law to
any person for any disclosure of | ||||||
31 | information to the Department of Child Support Services or | ||||||
32 | its predecessor, the Illinois Department of
Public Aid ,
| ||||||
33 | under this paragraph (8) or for any other action taken in | ||||||
34 | good faith
to comply with the requirements of this | ||||||
35 | paragraph (8).
| ||||||
36 | (9) To perform other duties prescribed
by law.
|
| |||||||
| |||||||
1 | (b) The Department may, when a fee is payable to the | ||||||
2 | Department for a wall
certificate of registration provided by | ||||||
3 | the Department of Central Management
Services, require that | ||||||
4 | portion of the payment for printing and distribution
costs be | ||||||
5 | made directly or through the Department to the Department of | ||||||
6 | Central
Management Services for deposit into the Paper and | ||||||
7 | Printing Revolving Fund.
The remainder shall be deposited into | ||||||
8 | the General Revenue Fund.
| ||||||
9 | (c) For the purpose of securing and preparing evidence, and | ||||||
10 | for the purchase
of controlled substances, professional | ||||||
11 | services, and equipment necessary for
enforcement activities, | ||||||
12 | recoupment of investigative costs, and other activities
| ||||||
13 | directed at suppressing the misuse and abuse of controlled | ||||||
14 | substances,
including those activities set forth in Sections | ||||||
15 | 504 and 508 of the Illinois
Controlled Substances Act, the | ||||||
16 | Director and agents appointed and authorized by
the Director | ||||||
17 | may expend sums from the Professional Regulation Evidence Fund
| ||||||
18 | that the Director deems necessary from the amounts appropriated | ||||||
19 | for that
purpose. Those sums may be advanced to the agent when | ||||||
20 | the Director deems that
procedure to be in the public interest. | ||||||
21 | Sums for the purchase of controlled
substances, professional | ||||||
22 | services, and equipment necessary for enforcement
activities | ||||||
23 | and other activities as set forth in this Section shall be | ||||||
24 | advanced
to the agent who is to make the purchase from the | ||||||
25 | Professional Regulation
Evidence Fund on vouchers signed by the | ||||||
26 | Director. The Director and those
agents are authorized to | ||||||
27 | maintain one or more commercial checking accounts with
any | ||||||
28 | State banking corporation or corporations organized under or | ||||||
29 | subject to the
Illinois Banking Act for the deposit and | ||||||
30 | withdrawal of moneys to be used for
the purposes set forth in | ||||||
31 | this Section; provided, that no check may be written
nor any | ||||||
32 | withdrawal made from any such account except upon the written
| ||||||
33 | signatures of 2 persons designated by the Director to write | ||||||
34 | those checks and
make those withdrawals. Vouchers for those | ||||||
35 | expenditures must be signed by the
Director. All such | ||||||
36 | expenditures shall be audited by the Director, and the
audit |
| |||||||
| |||||||
1 | shall be submitted to the Department of Central Management | ||||||
2 | Services for
approval.
| ||||||
3 | (d) Whenever the Department is authorized or required by | ||||||
4 | law to consider
some aspect of criminal history record | ||||||
5 | information for the purpose of carrying
out its statutory | ||||||
6 | powers and responsibilities, then, upon request and payment
of | ||||||
7 | fees in conformance with the requirements of Section 2605-400 | ||||||
8 | of the
Department of State Police Law (20 ILCS 2605/2605-400), | ||||||
9 | the Department of State
Police is authorized to furnish, | ||||||
10 | pursuant to positive identification, the
information contained | ||||||
11 | in State files that is necessary to fulfill the request.
| ||||||
12 | (e) The provisions of this Section do not apply to private | ||||||
13 | business and
vocational schools as defined by Section 1 of the | ||||||
14 | Private Business and
Vocational Schools Act.
| ||||||
15 | (f) Beginning July 1, 1995, this Section does not apply to | ||||||
16 | those
professions, trades, and occupations licensed under the | ||||||
17 | Real Estate License
Act of 2000, nor does it apply to any | ||||||
18 | permits, certificates, or other
authorizations to do business | ||||||
19 | provided for in the Land Sales Registration Act
of 1989 or the | ||||||
20 | Illinois Real Estate Time-Share Act.
| ||||||
21 | (Source: P.A. 91-239, eff. 1-1-00; 91-245, eff. 12-31-99;
| ||||||
22 | 91-613, eff. 10-1-99; 92-16, eff. 6-28-01.)
| ||||||
23 | Section 920. The Department of Revenue Law of the
Civil | ||||||
24 | Administrative Code of Illinois is amended by changing Sections | ||||||
25 | 2505-65 and 2505-650 as follows:
| ||||||
26 | (20 ILCS 2505/2505-65) (was 20 ILCS 2505/39b12)
| ||||||
27 | Sec. 2505-65. Exchange of information.
| ||||||
28 | (a) The Department has the power to exchange with any | ||||||
29 | state, with
any local subdivisions of any state, or
with the | ||||||
30 | federal government, except when specifically prohibited by | ||||||
31 | law,
any information that may be necessary to efficient tax
| ||||||
32 | administration and
that may be acquired as a result of the | ||||||
33 | administration of the laws set forth in
the Sections following | ||||||
34 | Section 95-10 and
preceding
Section 2505-60.
|
| |||||||
| |||||||
1 | (b) The Department has the power to exchange with the | ||||||
2 | Illinois
Department of Child Support Services
Public Aid
| ||||||
3 | information that may be necessary for the enforcement of child | ||||||
4 | support
orders entered pursuant to the Illinois Public Aid | ||||||
5 | Code, the Illinois Marriage
and
Dissolution of Marriage Act, | ||||||
6 | the Non-Support of Spouse and Children Act, the
Non-Support | ||||||
7 | Punishment Act, the
Revised Uniform Reciprocal Enforcement of | ||||||
8 | Support Act, the
Uniform Interstate Family Support Act, or the | ||||||
9 | Illinois Parentage Act of 1984.
Notwithstanding any provisions | ||||||
10 | in this Code to the contrary, the
Department of Revenue shall | ||||||
11 | not be liable to any person for any disclosure of
information | ||||||
12 | to the Department of Child Support Services or its predecessor,
| ||||||
13 | the Illinois Department of Public Aid ,
under this subsection | ||||||
14 | (b) or for any other action taken in good faith to comply
with | ||||||
15 | the requirements of this subsection (b).
| ||||||
16 | (Source: P.A. 91-239, eff. 1-1-00; 91-613, eff. 10-1-99;
92-16, | ||||||
17 | eff. 6-28-01.)
| ||||||
18 | (20 ILCS 2505/2505-650) (was 20 ILCS 2505/39b52)
| ||||||
19 | Sec. 2505-650. Collection of past due support. Upon | ||||||
20 | certification of past
due child support amounts from the | ||||||
21 | Department of Child Support Services
Public Aid , the Department | ||||||
22 | of
Revenue may collect the delinquency in any manner authorized | ||||||
23 | for the collection
of any tax administered by the Department of | ||||||
24 | Revenue. The Department of
Revenue shall notify the Department | ||||||
25 | of Child Support Services
Public Aid when the delinquency or | ||||||
26 | any
portion of the delinquency has been collected under this | ||||||
27 | Section. Any child
support delinquency collected by the | ||||||
28 | Department of Revenue, including those
amounts that result in | ||||||
29 | overpayment of a child support delinquency, shall be
deposited | ||||||
30 | into the Child Support Enforcement Trust Fund or paid to the
| ||||||
31 | State Disbursement Unit established under Section 10-26 of the | ||||||
32 | Illinois Public
Aid Code, at the direction of the Department of | ||||||
33 | Child Support Services
Public Aid .
The Department of Revenue | ||||||
34 | may implement this Section through the use of
emergency rules | ||||||
35 | in accordance with Section 5-45 of the Illinois Administrative
|
| |||||||
| |||||||
1 | Procedure Act. For purposes of the Illinois Administrative | ||||||
2 | Procedure Act, the
adoption of rules to implement this Section | ||||||
3 | shall be considered an emergency
and necessary for the public | ||||||
4 | interest, safety, and welfare.
| ||||||
5 | (Source: P.A. 90-491, eff. 1-1-98; 91-212, eff. 7-20-99; | ||||||
6 | 91-239, eff. 1-1-00;
91-712, eff. 7-1-00.)
| ||||||
7 | Section 925. The Department of State Police Law of the
| ||||||
8 | Civil Administrative Code of Illinois is amended by changing | ||||||
9 | Section 2605-377 as follows:
| ||||||
10 | (20 ILCS 2605/2605-377) (was 20 ILCS 2605/55a in part)
| ||||||
11 | Sec. 2605-377. Department of Public Aid; LEADS access.
| ||||||
12 | (a) The Illinois Department of Child Support Services
| ||||||
13 | Public Aid is an authorized entity under this
Law for the | ||||||
14 | purpose of exchanging information, in the form and manner | ||||||
15 | required
by the Department of State Police, to facilitate the | ||||||
16 | location of individuals
for establishing paternity, and | ||||||
17 | establishing, modifying, and enforcing child
support | ||||||
18 | obligations, pursuant to the Illinois Public Aid Code and Title | ||||||
19 | IV,
Part D of the Social Security Act.
| ||||||
20 | (b) The Illinois Department of Child Support Services
| ||||||
21 | Public Aid is an authorized entity under
this Section for the | ||||||
22 | purpose of obtaining access to various data repositories
| ||||||
23 | available through LEADS, to facilitate the location of | ||||||
24 | individuals for
establishing paternity, and establishing, | ||||||
25 | modifying, and enforcing child
support obligations, pursuant | ||||||
26 | to the Illinois Public Aid Code and Title IV,
Part D of the | ||||||
27 | Social Security Act. The Department shall enter into an
| ||||||
28 | agreement with the Illinois Department of Child Support | ||||||
29 | Services
Public Aid consistent with these
purposes.
| ||||||
30 | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372, | ||||||
31 | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | ||||||
32 | eff. 8-14-98; 91-239, eff.
1-1-00; 91-760, eff. 1-1-01.)
| ||||||
33 | Section 930. The Illinois Income Tax Act is amended by |
| |||||||
| |||||||
1 | changing Section 901 as follows:
| ||||||
2 | (35 ILCS 5/901) (from Ch. 120, par. 9-901)
| ||||||
3 | Sec. 901. Collection Authority.
| ||||||
4 | (a) In general.
| ||||||
5 | The Department shall collect the taxes imposed by this Act. | ||||||
6 | The Department
shall collect certified past due child support | ||||||
7 | amounts under Section 2505-650
of the Department of Revenue Law | ||||||
8 | (20 ILCS 2505/2505-650). Except as
provided in subsections (c) | ||||||
9 | and (e) of this Section, money collected
pursuant to | ||||||
10 | subsections (a) and (b) of Section 201 of this Act shall be
| ||||||
11 | paid into the General Revenue Fund in the State treasury; money
| ||||||
12 | collected pursuant to subsections (c) and (d) of Section 201 of | ||||||
13 | this Act
shall be paid into the Personal Property Tax | ||||||
14 | Replacement Fund, a special
fund in the State Treasury; and | ||||||
15 | money collected under Section 2505-650 of the
Department of | ||||||
16 | Revenue Law (20 ILCS 2505/2505-650) shall be paid
into the
| ||||||
17 | Child Support Enforcement Trust Fund, a special fund outside | ||||||
18 | the State
Treasury, or
to the State
Disbursement Unit | ||||||
19 | established under Section 10-26 of the Illinois Public Aid
| ||||||
20 | Code, as directed by the Department of Child Support Services
| ||||||
21 | Public
Aid .
| ||||||
22 | (b) Local Governmental Distributive Fund.
| ||||||
23 | Beginning August 1, 1969, and continuing through June 30, | ||||||
24 | 1994, the Treasurer
shall transfer each month from the General | ||||||
25 | Revenue Fund to a special fund in
the State treasury, to be | ||||||
26 | known as the "Local Government Distributive Fund", an
amount | ||||||
27 | equal to 1/12 of the net revenue realized from the tax imposed | ||||||
28 | by
subsections (a) and (b) of Section 201 of this Act during | ||||||
29 | the preceding month.
Beginning July 1, 1994, and continuing | ||||||
30 | through June 30, 1995, the Treasurer
shall transfer each month | ||||||
31 | from the General Revenue Fund to the Local Government
| ||||||
32 | Distributive Fund an amount equal to 1/11 of the net revenue | ||||||
33 | realized from the
tax imposed by subsections (a) and (b) of | ||||||
34 | Section 201 of this Act during the
preceding month. Beginning | ||||||
35 | July 1, 1995, the Treasurer shall transfer each
month from the |
| |||||||
| |||||||
1 | General Revenue Fund to the Local Government Distributive Fund
| ||||||
2 | an amount equal to the net of (i) 1/10 of the net revenue | ||||||
3 | realized from the
tax imposed by
subsections (a) and (b) of | ||||||
4 | Section 201 of the Illinois Income Tax Act during
the preceding | ||||||
5 | month
(ii) minus, beginning July 1, 2003 and ending June 30, | ||||||
6 | 2004, $6,666,666, and
beginning July 1,
2004,
zero. Net revenue | ||||||
7 | realized for a month shall be defined as the
revenue from the | ||||||
8 | tax imposed by subsections (a) and (b) of Section 201 of this
| ||||||
9 | Act which is deposited in the General Revenue Fund, the | ||||||
10 | Educational Assistance
Fund and the Income Tax Surcharge Local | ||||||
11 | Government Distributive Fund during the
month minus the amount | ||||||
12 | paid out of the General Revenue Fund in State warrants
during | ||||||
13 | that same month as refunds to taxpayers for overpayment of | ||||||
14 | liability
under the tax imposed by subsections (a) and (b) of | ||||||
15 | Section 201 of this Act.
| ||||||
16 | (c) Deposits Into Income Tax Refund Fund.
| ||||||
17 | (1) Beginning on January 1, 1989 and thereafter, the | ||||||
18 | Department shall
deposit a percentage of the amounts | ||||||
19 | collected pursuant to subsections (a)
and (b)(1), (2), and | ||||||
20 | (3), of Section 201 of this Act into a fund in the State
| ||||||
21 | treasury known as the Income Tax Refund Fund. The | ||||||
22 | Department shall deposit 6%
of such amounts during the | ||||||
23 | period beginning January 1, 1989 and ending on June
30, | ||||||
24 | 1989. Beginning with State fiscal year 1990 and for each | ||||||
25 | fiscal year
thereafter, the percentage deposited into the | ||||||
26 | Income Tax Refund Fund during a
fiscal year shall be the | ||||||
27 | Annual Percentage. For fiscal years 1999 through
2001, the | ||||||
28 | Annual Percentage shall be 7.1%.
For fiscal year 2003, the | ||||||
29 | Annual Percentage shall be 8%.
For fiscal year 2004, the | ||||||
30 | Annual Percentage shall be 11.7%. Upon the effective date | ||||||
31 | of this amendatory Act of the 93rd General Assembly, the | ||||||
32 | Annual Percentage shall be 10% for fiscal year 2005. For | ||||||
33 | all other
fiscal years, the
Annual Percentage shall be | ||||||
34 | calculated as a fraction, the numerator of which
shall be | ||||||
35 | the amount of refunds approved for payment by the | ||||||
36 | Department during
the preceding fiscal year as a result of |
| |||||||
| |||||||
1 | overpayment of tax liability under
subsections (a) and | ||||||
2 | (b)(1), (2), and (3) of Section 201 of this Act plus the
| ||||||
3 | amount of such refunds remaining approved but unpaid at the | ||||||
4 | end of the
preceding fiscal year, minus the amounts | ||||||
5 | transferred into the Income Tax
Refund Fund from the | ||||||
6 | Tobacco Settlement Recovery Fund, and
the denominator of | ||||||
7 | which shall be the amounts which will be collected pursuant
| ||||||
8 | to subsections (a) and (b)(1), (2), and (3) of Section 201 | ||||||
9 | of this Act during
the preceding fiscal year; except that | ||||||
10 | in State fiscal year 2002, the Annual
Percentage shall in | ||||||
11 | no event exceed 7.6%. The Director of Revenue shall
certify | ||||||
12 | the Annual Percentage to the Comptroller on the last | ||||||
13 | business day of
the fiscal year immediately preceding the | ||||||
14 | fiscal year for which it is to be
effective.
| ||||||
15 | (2) Beginning on January 1, 1989 and thereafter, the | ||||||
16 | Department shall
deposit a percentage of the amounts | ||||||
17 | collected pursuant to subsections (a)
and (b)(6), (7), and | ||||||
18 | (8), (c) and (d) of Section 201
of this Act into a fund in | ||||||
19 | the State treasury known as the Income Tax
Refund Fund. The | ||||||
20 | Department shall deposit 18% of such amounts during the
| ||||||
21 | period beginning January 1, 1989 and ending on June 30, | ||||||
22 | 1989. Beginning
with State fiscal year 1990 and for each | ||||||
23 | fiscal year thereafter, the
percentage deposited into the | ||||||
24 | Income Tax Refund Fund during a fiscal year
shall be the | ||||||
25 | Annual Percentage. For fiscal years 1999, 2000, and 2001, | ||||||
26 | the
Annual Percentage shall be 19%.
For fiscal year 2003, | ||||||
27 | the Annual Percentage shall be 27%. For fiscal year
2004, | ||||||
28 | the Annual Percentage shall be 32%.
Upon the effective date | ||||||
29 | of this amendatory Act of the 93rd General Assembly, the | ||||||
30 | Annual Percentage shall be 24% for fiscal year 2005.
For | ||||||
31 | all other fiscal years, the Annual
Percentage shall be | ||||||
32 | calculated
as a fraction, the numerator of which shall be | ||||||
33 | the amount of refunds
approved for payment by the | ||||||
34 | Department during the preceding fiscal year as
a result of | ||||||
35 | overpayment of tax liability under subsections (a) and | ||||||
36 | (b)(6),
(7), and (8), (c) and (d) of Section 201 of this |
| |||||||
| |||||||
1 | Act plus the
amount of such refunds remaining approved but | ||||||
2 | unpaid at the end of the
preceding fiscal year, and the | ||||||
3 | denominator of
which shall be the amounts which will be | ||||||
4 | collected pursuant to subsections (a)
and (b)(6), (7), and | ||||||
5 | (8), (c) and (d) of Section 201 of this Act during the
| ||||||
6 | preceding fiscal year; except that in State fiscal year | ||||||
7 | 2002, the Annual
Percentage shall in no event exceed 23%. | ||||||
8 | The Director of Revenue shall
certify the Annual Percentage | ||||||
9 | to the Comptroller on the last business day of
the fiscal | ||||||
10 | year immediately preceding the fiscal year for which it is | ||||||
11 | to be
effective.
| ||||||
12 | (3) The Comptroller shall order transferred and the | ||||||
13 | Treasurer shall
transfer from the Tobacco Settlement | ||||||
14 | Recovery Fund to the Income Tax Refund
Fund (i) $35,000,000 | ||||||
15 | in January, 2001, (ii) $35,000,000 in January, 2002, and
| ||||||
16 | (iii) $35,000,000 in January, 2003.
| ||||||
17 | (d) Expenditures from Income Tax Refund Fund.
| ||||||
18 | (1) Beginning January 1, 1989, money in the Income Tax | ||||||
19 | Refund Fund
shall be expended exclusively for the purpose | ||||||
20 | of paying refunds resulting
from overpayment of tax | ||||||
21 | liability under Section 201 of this Act, for paying
rebates | ||||||
22 | under Section 208.1 in the event that the amounts in the | ||||||
23 | Homeowners'
Tax Relief Fund are insufficient for that | ||||||
24 | purpose,
and for
making transfers pursuant to this | ||||||
25 | subsection (d).
| ||||||
26 | (2) The Director shall order payment of refunds | ||||||
27 | resulting from
overpayment of tax liability under Section | ||||||
28 | 201 of this Act from the
Income Tax Refund Fund only to the | ||||||
29 | extent that amounts collected pursuant
to Section 201 of | ||||||
30 | this Act and transfers pursuant to this subsection (d)
and | ||||||
31 | item (3) of subsection (c) have been deposited and retained | ||||||
32 | in the
Fund.
| ||||||
33 | (3) As soon as possible after the end of each fiscal | ||||||
34 | year, the Director
shall
order transferred and the State | ||||||
35 | Treasurer and State Comptroller shall
transfer from the | ||||||
36 | Income Tax Refund Fund to the Personal Property Tax
|
| |||||||
| |||||||
1 | Replacement Fund an amount, certified by the Director to | ||||||
2 | the Comptroller,
equal to the excess of the amount | ||||||
3 | collected pursuant to subsections (c) and
(d) of Section | ||||||
4 | 201 of this Act deposited into the Income Tax Refund Fund
| ||||||
5 | during the fiscal year over the amount of refunds resulting | ||||||
6 | from
overpayment of tax liability under subsections (c) and | ||||||
7 | (d) of Section 201
of this Act paid from the Income Tax | ||||||
8 | Refund Fund during the fiscal year.
| ||||||
9 | (4) As soon as possible after the end of each fiscal | ||||||
10 | year, the Director shall
order transferred and the State | ||||||
11 | Treasurer and State Comptroller shall
transfer from the | ||||||
12 | Personal Property Tax Replacement Fund to the Income Tax
| ||||||
13 | Refund Fund an amount, certified by the Director to the | ||||||
14 | Comptroller, equal
to the excess of the amount of refunds | ||||||
15 | resulting from overpayment of tax
liability under | ||||||
16 | subsections (c) and (d) of Section 201 of this Act paid
| ||||||
17 | from the Income Tax Refund Fund during the fiscal year over | ||||||
18 | the amount
collected pursuant to subsections (c) and (d) of | ||||||
19 | Section 201 of this Act
deposited into the Income Tax | ||||||
20 | Refund Fund during the fiscal year.
| ||||||
21 | (4.5) As soon as possible after the end of fiscal year | ||||||
22 | 1999 and of each
fiscal year
thereafter, the Director shall | ||||||
23 | order transferred and the State Treasurer and
State | ||||||
24 | Comptroller shall transfer from the Income Tax Refund Fund | ||||||
25 | to the General
Revenue Fund any surplus remaining in the | ||||||
26 | Income Tax Refund Fund as of the end
of such fiscal year; | ||||||
27 | excluding for fiscal years 2000, 2001, and 2002
amounts | ||||||
28 | attributable to transfers under item (3) of subsection (c) | ||||||
29 | less refunds
resulting from the earned income tax credit.
| ||||||
30 | (5) This Act shall constitute an irrevocable and | ||||||
31 | continuing
appropriation from the Income Tax Refund Fund | ||||||
32 | for the purpose of paying
refunds upon the order of the | ||||||
33 | Director in accordance with the provisions of
this Section.
| ||||||
34 | (e) Deposits into the Education Assistance Fund and the | ||||||
35 | Income Tax
Surcharge Local Government Distributive Fund.
| ||||||
36 | On July 1, 1991, and thereafter, of the amounts collected |
| |||||||
| |||||||
1 | pursuant to
subsections (a) and (b) of Section 201 of this Act, | ||||||
2 | minus deposits into the
Income Tax Refund Fund, the Department | ||||||
3 | shall deposit 7.3% into the
Education Assistance Fund in the | ||||||
4 | State Treasury. Beginning July 1, 1991,
and continuing through | ||||||
5 | January 31, 1993, of the amounts collected pursuant to
| ||||||
6 | subsections (a) and (b) of Section 201 of the Illinois Income | ||||||
7 | Tax Act, minus
deposits into the Income Tax Refund Fund, the | ||||||
8 | Department shall deposit 3.0%
into the Income Tax Surcharge | ||||||
9 | Local Government Distributive Fund in the State
Treasury. | ||||||
10 | Beginning February 1, 1993 and continuing through June 30, | ||||||
11 | 1993, of
the amounts collected pursuant to subsections (a) and | ||||||
12 | (b) of Section 201 of the
Illinois Income Tax Act, minus | ||||||
13 | deposits into the Income Tax Refund Fund, the
Department shall | ||||||
14 | deposit 4.4% into the Income Tax Surcharge Local Government
| ||||||
15 | Distributive Fund in the State Treasury. Beginning July 1, | ||||||
16 | 1993, and
continuing through June 30, 1994, of the amounts | ||||||
17 | collected under subsections
(a) and (b) of Section 201 of this | ||||||
18 | Act, minus deposits into the Income Tax
Refund Fund, the | ||||||
19 | Department shall deposit 1.475% into the Income Tax Surcharge
| ||||||
20 | Local Government Distributive Fund in the State Treasury.
| ||||||
21 | (Source: P.A. 92-11, eff. 6-11-01; 92-16, eff. 6-28-01; 92-600, | ||||||
22 | eff. 6-28-02; 93-32, eff. 6-20-03; 93-839, eff. 7-30-04.)
| ||||||
23 | Section 935. The Counties Code is amended by changing | ||||||
24 | Sections 3-5036.5, 4-2002, and 4-2002.1 as follows:
| ||||||
25 | (55 ILCS 5/3-5036.5)
| ||||||
26 | Sec. 3-5036.5. Exchange of information for child support | ||||||
27 | enforcement.
| ||||||
28 | (a) The Recorder shall exchange with the Illinois
| ||||||
29 | Department of Child Support Services
Public Aid
information | ||||||
30 | that may be necessary for the enforcement
of child support | ||||||
31 | orders entered pursuant to the Illinois Public Aid Code, the
| ||||||
32 | Illinois Marriage and Dissolution of Marriage Act, the | ||||||
33 | Non-Support of Spouse
and
Children Act, the Non-Support | ||||||
34 | Punishment Act, the Revised Uniform
Reciprocal Enforcement of |
| |||||||
| |||||||
1 | Support Act, the
Uniform Interstate Family Support Act, or the | ||||||
2 | Illinois
Parentage Act of 1984.
| ||||||
3 | (b) Notwithstanding any provisions in this Code to the | ||||||
4 | contrary, the
Recorder shall not be liable
to any person for | ||||||
5 | any disclosure of information to the Department of Child | ||||||
6 | Support Services or its predecessor, the
Illinois Department of | ||||||
7 | Public Aid , under subsection (a)
or for any other action taken | ||||||
8 | in good faith to comply with the requirements of
subsection | ||||||
9 | (a).
| ||||||
10 | (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)
| ||||||
11 | (55 ILCS 5/4-2002) (from Ch. 34, par. 4-2002)
| ||||||
12 | Sec. 4-2002. State's attorney fees in counties under | ||||||
13 | 3,000,000
population. This Section applies only to counties | ||||||
14 | with fewer than
3,000,000 inhabitants.
| ||||||
15 | (a) State's attorneys shall be entitled to the following | ||||||
16 | fees, however, the
fee requirement of this subsection does not | ||||||
17 | apply to county boards:
| ||||||
18 | For each conviction in prosecutions on indictments for | ||||||
19 | first degree murder,
second degree murder, involuntary | ||||||
20 | manslaughter, criminal sexual assault,
aggravated criminal | ||||||
21 | sexual assault, aggravated criminal sexual abuse,
kidnapping, | ||||||
22 | arson and forgery, $30. All other cases punishable by | ||||||
23 | imprisonment
in the penitentiary, $30.
| ||||||
24 | For each conviction in other cases tried before judges of | ||||||
25 | the circuit
court, $15; except that if the conviction is in a | ||||||
26 | case which may be
assigned to an associate judge, whether or | ||||||
27 | not it is in fact assigned to
an associate judge, the fee shall | ||||||
28 | be $10.
| ||||||
29 | For preliminary examinations for each defendant held to | ||||||
30 | bail or
recognizance, $10.
| ||||||
31 | For each examination of a party bound over to keep the | ||||||
32 | peace, $10.
| ||||||
33 | For each defendant held to answer in a circuit court on a | ||||||
34 | charge of
paternity, $10.
| ||||||
35 | For each trial on a charge of paternity, $30.
|
| |||||||
| |||||||
1 | For each case of appeal taken from his county or from the | ||||||
2 | county to
which a change of venue is taken to his county to the | ||||||
3 | Supreme or
Appellate Court when prosecuted or defended by him, | ||||||
4 | $50.
| ||||||
5 | For each day actually employed in the trial of a case, $25; | ||||||
6 | in which
case the court before whom the case is tried shall | ||||||
7 | make an order
specifying the number of days for which a per | ||||||
8 | diem shall be allowed.
| ||||||
9 | For each day actually employed in the trial of cases of | ||||||
10 | felony
arising in their respective counties and taken by change | ||||||
11 | of venue to
another county, $25; and the court before whom the | ||||||
12 | case is tried shall
make an order specifying the number of days | ||||||
13 | for which said per diem
shall be allowed; and it is hereby made | ||||||
14 | the duty of each State's
attorney to prepare and try each case | ||||||
15 | of felony arising when so taken by
change of venue.
| ||||||
16 | For assisting in a trial of each case on an indictment for | ||||||
17 | felony
brought by change of venue to their respective counties, | ||||||
18 | the same fees
they would be entitled to if such indictment had | ||||||
19 | been found for an
offense committed in his county, and it shall | ||||||
20 | be the duty of the
State's attorney of the county to which such | ||||||
21 | cause is taken by
change of venue to assist in the trial | ||||||
22 | thereof.
| ||||||
23 | For each case of forfeited recognizance where the | ||||||
24 | forfeiture is set
aside at the instance of the defense, in | ||||||
25 | addition to the ordinary costs,
$10 for each defendant.
| ||||||
26 | For each proceeding in a circuit court to inquire into the | ||||||
27 | alleged
mental illness of any person, $10 for each defendant.
| ||||||
28 | For each proceeding in a circuit court to inquire into the | ||||||
29 | alleged
dependency or delinquency of any child, $10.
| ||||||
30 | For each day actually employed in the hearing of a case of | ||||||
31 | habeas
corpus in which the people are interested, $25.
| ||||||
32 | All the foregoing fees shall be taxed as costs to be | ||||||
33 | collected from
the defendant, if possible, upon conviction. But | ||||||
34 | in cases of inquiry
into the mental illness of any person | ||||||
35 | alleged to be mentally ill, in
cases on a charge of paternity | ||||||
36 | and in cases of appeal in the Supreme or
Appellate Court, where |
| |||||||
| |||||||
1 | judgment is in favor of the accused, the fees
allowed the | ||||||
2 | State's attorney therein shall be retained out of the fines
and | ||||||
3 | forfeitures collected by them in other cases.
| ||||||
4 | Ten per cent of all moneys except revenue, collected by | ||||||
5 | them and paid
over to the authorities entitled thereto, which | ||||||
6 | per cent together with
the fees provided for herein that are | ||||||
7 | not collected from the parties
tried or examined, shall be paid | ||||||
8 | out of any fines and forfeited
recognizances collected by them, | ||||||
9 | provided however, that in proceedings
to foreclose the lien of | ||||||
10 | delinquent real estate taxes State's attorneys
shall receive a | ||||||
11 | fee, to be credited to the earnings of their office, of 10%
of | ||||||
12 | the total amount realized from the sale of real estate sold in | ||||||
13 | such
proceedings. Such fees shall be paid from the total amount | ||||||
14 | realized from
the sale of the real estate sold in such | ||||||
15 | proceedings.
| ||||||
16 | State's attorneys shall have a lien for their fees on all | ||||||
17 | judgments
for fines or forfeitures procured by them and on | ||||||
18 | moneys except revenue
received by them until such fees and | ||||||
19 | earnings are fully paid.
| ||||||
20 | No fees shall be charged on more than 10 counts in any one | ||||||
21 | indictment
or information on trial and conviction; nor on more | ||||||
22 | than 10 counts
against any one defendant on pleas of guilty.
| ||||||
23 | The Circuit Court may direct that of all monies received, | ||||||
24 | by
restitution or otherwise, which monies are ordered paid to | ||||||
25 | the
Department of Public Aid , the Department of Child Support | ||||||
26 | Services, or the Department of Human Services (acting as
| ||||||
27 | successor to the Department of Public Aid under the Department | ||||||
28 | of Human
Services Act) as a direct result of the efforts
of the
| ||||||
29 | State's attorney and which payments arise from Civil or | ||||||
30 | Criminal
prosecutions involving the Illinois Public Aid Code or | ||||||
31 | the Criminal Code,
the
following amounts shall be paid | ||||||
32 | quarterly by the Department of Public
Aid , the Department of | ||||||
33 | Child Support Services, or the Department of Human Services to | ||||||
34 | the General Corporate Fund of
the County in which the | ||||||
35 | prosecution
or cause of action took place:
| ||||||
36 | (1) where the monies result from child support |
| |||||||
| |||||||
1 | obligations, not
more than 25% of the federal share of the | ||||||
2 | monies received,
| ||||||
3 | (2) where the monies result from other than child | ||||||
4 | support
obligations, not more than 25% of the State's share | ||||||
5 | of the monies received.
| ||||||
6 | (b) A municipality shall be entitled to a $10 prosecution | ||||||
7 | fee for each
conviction for a violation of The Illinois Vehicle | ||||||
8 | Code prosecuted by the
municipal attorney pursuant to Section | ||||||
9 | 16-102 of that Code which is tried
before a circuit or | ||||||
10 | associate judge and shall be entitled to a $10
prosecution fee | ||||||
11 | for each conviction for a violation of a municipal vehicle
| ||||||
12 | ordinance or nontraffic ordinance prosecuted by the municipal | ||||||
13 | attorney
which is tried before a circuit or associate judge. | ||||||
14 | Such fee shall be taxed as
costs to be collected from the | ||||||
15 | defendant, if possible, upon conviction. A
municipality shall | ||||||
16 | have a lien for such prosecution fees on all judgments or
fines | ||||||
17 | procured by the municipal attorney from prosecutions for | ||||||
18 | violations of
The Illinois Vehicle Code and municipal vehicle | ||||||
19 | ordinances or nontraffic
ordinances.
| ||||||
20 | For the purposes of this subsection (b), "municipal vehicle | ||||||
21 | ordinance"
means any ordinance enacted pursuant to Sections | ||||||
22 | 11-40-1, 11-40-2, 11-40-2a and
11-40-3 of the Illinois | ||||||
23 | Municipal Code or any ordinance enacted by a
municipality which | ||||||
24 | is similar to a provision of Chapter 11 of The Illinois
Vehicle | ||||||
25 | Code.
| ||||||
26 | (Source: P.A. 88-572, eff. 8-11-94; 89-507, eff. 7-1-97.)
| ||||||
27 | (55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)
| ||||||
28 | Sec. 4-2002.1. State's attorney fees in counties of | ||||||
29 | 3,000,000 or more
population. This Section applies only to | ||||||
30 | counties with 3,000,000 or more
inhabitants.
| ||||||
31 | (a) State's attorneys shall be entitled to the following | ||||||
32 | fees:
| ||||||
33 | For each conviction in prosecutions on indictments for | ||||||
34 | first degree
murder, second degree murder, involuntary | ||||||
35 | manslaughter, criminal sexual
assault, aggravated criminal |
| |||||||
| |||||||
1 | sexual assault, aggravated criminal sexual
abuse, kidnapping, | ||||||
2 | arson and forgery, $60. All other cases punishable by
| ||||||
3 | imprisonment in the penitentiary, $60.
| ||||||
4 | For each conviction in other cases tried before judges of | ||||||
5 | the circuit
court, $30; except that if the conviction is in a | ||||||
6 | case which may be
assigned to an associate judge, whether or | ||||||
7 | not it is in fact assigned to
an associate judge, the fee shall | ||||||
8 | be $20.
| ||||||
9 | For preliminary examinations for each defendant held to | ||||||
10 | bail or
recognizance, $20.
| ||||||
11 | For each examination of a party bound over to keep the | ||||||
12 | peace, $20.
| ||||||
13 | For each defendant held to answer in a circuit court on a | ||||||
14 | charge of
paternity, $20.
| ||||||
15 | For each trial on a charge of paternity, $60.
| ||||||
16 | For each case of appeal taken from his county or from the | ||||||
17 | county to
which a change of venue is taken to his county to the | ||||||
18 | Supreme or
Appellate Court when prosecuted or defended by him, | ||||||
19 | $100.
| ||||||
20 | For each day actually employed in the trial of a case, $50; | ||||||
21 | in which
case the court before whom the case is tried shall | ||||||
22 | make an order
specifying the number of days for which a per | ||||||
23 | diem shall be allowed.
| ||||||
24 | For each day actually employed in the trial of cases of | ||||||
25 | felony
arising in their respective counties and taken by change | ||||||
26 | of venue to
another county, $50; and the court before whom the | ||||||
27 | case is tried shall
make an order specifying the number of days | ||||||
28 | for which said per diem
shall be allowed; and it is hereby made | ||||||
29 | the duty of each State's
attorney to prepare and try each case | ||||||
30 | of felony arising when so taken by
change of venue.
| ||||||
31 | For assisting in a trial of each case on an indictment for | ||||||
32 | felony
brought by change of venue to their respective counties, | ||||||
33 | the same fees
they would be entitled to if such indictment had | ||||||
34 | been found for an
offense committed in his county, and it shall | ||||||
35 | be the duty of the
State's attorney of the county to which such | ||||||
36 | cause is taken by
change of venue to assist in the trial |
| |||||||
| |||||||
1 | thereof.
| ||||||
2 | For each case of forfeited recognizance where the | ||||||
3 | forfeiture is set
aside at the instance of the defense, in | ||||||
4 | addition to the ordinary costs,
$20 for each defendant.
| ||||||
5 | For each proceeding in a circuit court to inquire into the | ||||||
6 | alleged
mental illness of any person, $20 for each defendant.
| ||||||
7 | For each proceeding in a circuit court to inquire into the | ||||||
8 | alleged
dependency or delinquency of any child, $20.
| ||||||
9 | For each day actually employed in the hearing of a case of | ||||||
10 | habeas
corpus in which the people are interested, $50.
| ||||||
11 | All the foregoing fees shall be taxed as costs to be | ||||||
12 | collected from
the defendant, if possible, upon conviction. But | ||||||
13 | in cases of inquiry
into the mental illness of any person | ||||||
14 | alleged to be mentally ill, in
cases on a charge of paternity | ||||||
15 | and in cases of appeal in the Supreme or
Appellate Court, where | ||||||
16 | judgment is in favor of the accused, the fees
allowed the | ||||||
17 | State's attorney therein shall be retained out of the fines
and | ||||||
18 | forfeitures collected by them in other cases.
| ||||||
19 | Ten per cent of all moneys except revenue, collected by | ||||||
20 | them and paid
over to the authorities entitled thereto, which | ||||||
21 | per cent together with
the fees provided for herein that are | ||||||
22 | not collected from the parties
tried or examined, shall be paid | ||||||
23 | out of any fines and forfeited
recognizances collected by them, | ||||||
24 | provided however, that in proceedings
to foreclose the lien of | ||||||
25 | delinquent real estate taxes State's attorneys
shall receive a | ||||||
26 | fee, to be credited to the earnings of their office, of 10%
of | ||||||
27 | the total amount realized from the sale of real estate sold in | ||||||
28 | such
proceedings. Such fees shall be paid from the total amount | ||||||
29 | realized from
the sale of the real estate sold in such | ||||||
30 | proceedings.
| ||||||
31 | State's attorneys shall have a lien for their fees on all | ||||||
32 | judgments
for fines or forfeitures procured by them and on | ||||||
33 | moneys except revenue
received by them until such fees and | ||||||
34 | earnings are fully paid.
| ||||||
35 | No fees shall be charged on more than 10 counts in any one | ||||||
36 | indictment
or information on trial and conviction; nor on more |
| |||||||
| |||||||
1 | than 10 counts
against any one defendant on pleas of guilty.
| ||||||
2 | The Circuit Court may direct that of all monies received, | ||||||
3 | by
restitution or otherwise, which monies are ordered paid to | ||||||
4 | the
Department of Public Aid , the Department of Child Support | ||||||
5 | Services, or the Department of Human Services (acting as
| ||||||
6 | successor to the Department of Public Aid under the Department | ||||||
7 | of Human
Services Act) as a direct result of the efforts
of the
| ||||||
8 | State's attorney and which payments arise from Civil or | ||||||
9 | Criminal
prosecutions involving the Illinois Public Aid Code or | ||||||
10 | the Criminal Code,
the
following amounts shall be paid | ||||||
11 | quarterly by the Department of Public
Aid , the Department of | ||||||
12 | Child Support Services, or the Department of Human Services to | ||||||
13 | the General Corporate Fund of
the County in which the | ||||||
14 | prosecution
or cause of action took place:
| ||||||
15 | (1) where the monies result from child support | ||||||
16 | obligations, not
less than 25% of the federal share of the | ||||||
17 | monies received,
| ||||||
18 | (2) where the monies result from other than child | ||||||
19 | support
obligations, not less than 25% of the State's share | ||||||
20 | of the monies received.
| ||||||
21 | (b) A municipality shall be entitled to a $10 prosecution | ||||||
22 | fee for each
conviction for a violation of the Illinois Vehicle | ||||||
23 | Code prosecuted by the
municipal attorney pursuant to Section | ||||||
24 | 16-102 of that Code which is tried
before a circuit or | ||||||
25 | associate judge and shall be entitled to a $10
prosecution fee | ||||||
26 | for each conviction for a violation of a municipal vehicle
| ||||||
27 | ordinance prosecuted by the municipal attorney which is tried | ||||||
28 | before a
circuit or associate judge. Such fee shall be taxed as | ||||||
29 | costs to be
collected from the defendant, if possible, upon | ||||||
30 | conviction. A municipality
shall have a lien for such | ||||||
31 | prosecution fees on all judgments or fines
procured by the | ||||||
32 | municipal attorney from prosecutions for violations of the
| ||||||
33 | Illinois Vehicle Code and municipal vehicle ordinances.
| ||||||
34 | For the purposes of this subsection (b), "municipal vehicle | ||||||
35 | ordinance"
means any ordinance enacted pursuant to Sections | ||||||
36 | 11-40-1, 11-40-2, 11-40-2a and
11-40-3 of the Illinois |
| |||||||
| |||||||
1 | Municipal Code or any ordinance enacted by a
municipality which | ||||||
2 | is similar to a provision of Chapter 11 of the Illinois
Vehicle | ||||||
3 | Code.
| ||||||
4 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
5 | Section 940. The Illinois Banking Act is amended by | ||||||
6 | changing Section 48.4 as follows:
| ||||||
7 | (205 ILCS 5/48.4)
| ||||||
8 | Sec. 48.4. Enforcement of child support. | ||||||
9 | (a) Any bank
governed by this Act shall encumber or | ||||||
10 | surrender accounts or assets held by the
bank on behalf of any | ||||||
11 | responsible relative who is subject to a child support
lien, | ||||||
12 | upon notice of the lien or levy of the Illinois Department of | ||||||
13 | Public Aid
or its successor agency pursuant to Section 10-25.5 | ||||||
14 | of the Illinois Public Aid
Code, or upon notice of interstate | ||||||
15 | lien or levy from any other state's
agency
responsible for | ||||||
16 | implementing the child support enforcement program set forth in
| ||||||
17 | Title IV, Part D of the Social Security Act.
| ||||||
18 | (b) Within 90 days after receiving notice from the | ||||||
19 | Department of Public Aid or its successor agency, the | ||||||
20 | Department of Child Support Services, that the Department has | ||||||
21 | adopted a child support enforcement debit authorization form as | ||||||
22 | required under the Illinois Public Aid Code, each bank governed | ||||||
23 | by this Act shall take all appropriate steps to implement the | ||||||
24 | use of the form in relation to accounts held by the bank. Upon | ||||||
25 | receiving from the Department of Child Support Services
Public | ||||||
26 | Aid a copy of a child support enforcement debit authorization | ||||||
27 | form signed by an obligor, a bank holding an account on behalf | ||||||
28 | of the obligor shall debit the account and transfer the debited | ||||||
29 | amounts to the State Disbursement Unit according to the | ||||||
30 | instructions in the child support enforcement debit | ||||||
31 | authorization form.
| ||||||
32 | (Source: P.A. 92-811, eff. 8-21-02; 93-736, eff. 7-14-04.)
| ||||||
33 | Section 945. The Illinois Savings and Loan Act of 1985 is |
| |||||||
| |||||||
1 | amended by changing Section 1-6d as follows:
| ||||||
2 | (205 ILCS 105/1-6d)
| ||||||
3 | Sec. 1-6d. Enforcement of child support. | ||||||
4 | (a) Any
association governed by this Act shall encumber or | ||||||
5 | surrender accounts or assets
held by the association on behalf | ||||||
6 | of any responsible relative who is subject to
a child support | ||||||
7 | lien, upon notice of the lien or levy of the Illinois
| ||||||
8 | Department of Public Aid or its successor agency pursuant to | ||||||
9 | Section 10-25.5
of the Illinois Public Aid Code, or upon notice | ||||||
10 | of interstate lien or levy
from any
other state's agency | ||||||
11 | responsible for implementing the child support enforcement
| ||||||
12 | program set forth in Title IV, Part D of the Social Security | ||||||
13 | Act.
| ||||||
14 | (b) Within 90 days after receiving notice from the | ||||||
15 | Department of Public Aid or its successor agency, the | ||||||
16 | Department of Child Support Services, that the Department has | ||||||
17 | adopted a child support enforcement debit authorization form as | ||||||
18 | required under the Illinois Public Aid Code, each association | ||||||
19 | governed by this Act shall take all appropriate steps to | ||||||
20 | implement the use of the form in relation to accounts held by | ||||||
21 | the association. Upon receiving from the Department of Child | ||||||
22 | Support Services
Public Aid a copy of a child support | ||||||
23 | enforcement debit authorization form signed by an obligor, an | ||||||
24 | association holding an account on behalf of the obligor shall | ||||||
25 | debit the account and transfer the debited amounts to the State | ||||||
26 | Disbursement Unit according to the instructions in the child | ||||||
27 | support enforcement debit authorization form.
| ||||||
28 | (Source: P.A. 92-811, eff. 8-21-02; 93-736, eff. 7-14-04.)
| ||||||
29 | Section 950. The Savings Bank Act is amended by changing | ||||||
30 | Section 7007 as follows:
| ||||||
31 | (205 ILCS 205/7007)
| ||||||
32 | Sec. 7007. Enforcement of child support. | ||||||
33 | (a) Any savings
bank governed by this Act shall encumber or |
| |||||||
| |||||||
1 | surrender accounts or assets
held by the savings bank on behalf | ||||||
2 | of any responsible relative who is subject
to
a child support | ||||||
3 | lien, upon notice of the lien or levy of the Illinois
| ||||||
4 | Department of Public Aid or its successor agency pursuant to | ||||||
5 | Section 10-25.5
of the Illinois Public Aid Code, or upon notice | ||||||
6 | of interstate lien or levy
from any
other state's agency | ||||||
7 | responsible for implementing the child support enforcement
| ||||||
8 | program set forth in Title IV, Part D of the Social Security | ||||||
9 | Act.
| ||||||
10 | (b) Within 90 days after receiving notice from the | ||||||
11 | Department of Public Aid or its successor agency, the | ||||||
12 | Department of Child Support Services, that the Department has | ||||||
13 | adopted a child support enforcement debit authorization form as | ||||||
14 | required under the Illinois Public Aid Code, each savings bank | ||||||
15 | governed by this Act shall take all appropriate steps to | ||||||
16 | implement the use of the form in relation to accounts held by | ||||||
17 | the savings bank. Upon receiving from the Department of Child | ||||||
18 | Support Services
Public Aid a copy of a child support | ||||||
19 | enforcement debit authorization form signed by an obligor, a | ||||||
20 | savings bank holding an account on behalf of the obligor shall | ||||||
21 | debit the account and transfer the debited amounts to the State | ||||||
22 | Disbursement Unit according to the instructions in the child | ||||||
23 | support enforcement debit authorization form.
| ||||||
24 | (Source: P.A. 92-811, eff. 8-21-02; 93-736, eff. 7-14-04.)
| ||||||
25 | Section 955. The Illinois Credit Union Act is amended by | ||||||
26 | changing Section 43.1 as follows:
| ||||||
27 | (205 ILCS 305/43.1)
| ||||||
28 | Sec. 43.1. Enforcement of child support. | ||||||
29 | (a) Any credit
union governed by this Act shall encumber or | ||||||
30 | surrender accounts or assets
held by the credit union on behalf | ||||||
31 | of any responsible relative who is subject
to
a child support | ||||||
32 | lien, upon notice of the lien or levy of the Illinois
| ||||||
33 | Department of Public Aid or its successor agency pursuant to | ||||||
34 | Section 10-25.5
of the Illinois Public Aid Code, or upon notice |
| |||||||
| |||||||
1 | of interstate lien from any
other state's agency responsible | ||||||
2 | for implementing the child support enforcement
program set | ||||||
3 | forth in Title IV, Part D of the Social Security Act.
| ||||||
4 | (b) Within 90 days after receiving notice from the | ||||||
5 | Department of Public Aid or its successor agency, the | ||||||
6 | Department of Child Support Services, that the Department has | ||||||
7 | adopted a child support enforcement debit authorization form as | ||||||
8 | required under the Illinois Public Aid Code, each credit union | ||||||
9 | governed by this Act shall take all appropriate steps to | ||||||
10 | implement the use of the form in relation to accounts held by | ||||||
11 | the credit union. Upon receiving from the Department of Child | ||||||
12 | Support Services
Public Aid a copy of a child support | ||||||
13 | enforcement debit authorization form signed by an obligor, a | ||||||
14 | credit union holding an account on behalf of the obligor shall | ||||||
15 | debit the account and transfer the debited amounts to the State | ||||||
16 | Disbursement Unit according to the instructions in the child | ||||||
17 | support enforcement debit authorization form.
| ||||||
18 | (Source: P.A. 93-736, eff. 7-14-04.)
| ||||||
19 | Section 960. The Foreign Banking Office Act is amended by | ||||||
20 | changing Section 20 as follows:
| ||||||
21 | (205 ILCS 645/20)
| ||||||
22 | Sec. 20. Enforcement of
child support. | ||||||
23 | (a) Any foreign
banking corporation governed by this Act | ||||||
24 | shall encumber or surrender accounts
or assets held by the | ||||||
25 | foreign banking corporation on behalf of any responsible
| ||||||
26 | relative who is subject to a child support lien, upon notice of | ||||||
27 | the lien or
levy of the Illinois Department of Public Aid or | ||||||
28 | its successor agency pursuant
to Section 10-25.5 of the | ||||||
29 | Illinois Public Aid Code, or upon notice of
interstate lien | ||||||
30 | from any other state's agency responsible for implementing the
| ||||||
31 | child support enforcement program set forth in Title IV, Part D | ||||||
32 | of the Social
Security Act.
| ||||||
33 | (b) Within 90 days after receiving notice from the | ||||||
34 | Department of Public Aid or its successor agency, the |
| |||||||
| |||||||
1 | Department of Child Support Services, that the Department has | ||||||
2 | adopted a child support enforcement debit authorization form as | ||||||
3 | required under the Illinois Public Aid Code, each foreign | ||||||
4 | banking corporation governed by this Act shall take all | ||||||
5 | appropriate steps to implement the use of the form in relation | ||||||
6 | to accounts held by the corporation. Upon receiving from the | ||||||
7 | Department of Child Support Services
Public Aid a copy of a | ||||||
8 | child support enforcement debit authorization form signed by an | ||||||
9 | obligor, a foreign banking corporation holding an account on | ||||||
10 | behalf of the obligor shall debit the account and transfer the | ||||||
11 | debited amounts to the State Disbursement Unit according to the | ||||||
12 | instructions in the child support enforcement debit | ||||||
13 | authorization form.
| ||||||
14 | (Source: P.A. 93-736, eff. 7-14-04.)
| ||||||
15 | Section 965. The Illinois Insurance Code is amended by | ||||||
16 | changing Sections 238, 238.1, 299.1a, 299.1b, and 337.1 as | ||||||
17 | follows:
| ||||||
18 | (215 ILCS 5/238) (from Ch. 73, par. 850)
| ||||||
19 | Sec. 238. Exemption.
| ||||||
20 | (a) All proceeds payable because of the death of the | ||||||
21 | insured and the
aggregate net cash value of any or all life and | ||||||
22 | endowment policies and
annuity contracts payable to a wife or | ||||||
23 | husband of the insured, or to a
child, parent or other person | ||||||
24 | dependent upon the insured, whether the power
to change the | ||||||
25 | beneficiary is reserved to the insured or not, and whether
the | ||||||
26 | insured or his estate is a contingent beneficiary or not, shall | ||||||
27 | be
exempt from execution, attachment, garnishment or other | ||||||
28 | process, for the
debts or liabilities of the insured incurred | ||||||
29 | subsequent to the effective
date of this Code, except as to | ||||||
30 | premiums paid in fraud of creditors within
the period limited | ||||||
31 | by law for the recovery thereof.
| ||||||
32 | (b) Any insurance company doing business
in this State and | ||||||
33 | governed by this Code shall encumber or surrender
accounts as | ||||||
34 | defined in Section 10-24 of the Illinois Public Aid Code held |
| |||||||
| |||||||
1 | by
the insurance company owned by any responsible relative who | ||||||
2 | is subject to a
child support lien, upon notice of the lien or | ||||||
3 | levy by the Illinois Department
of Public Aid or its successor | ||||||
4 | agency
pursuant to Section 10-25.5 of the Illinois Public Aid | ||||||
5 | Code, or upon
notice of interstate lien from any other state's | ||||||
6 | agency responsible for
implementing the child support | ||||||
7 | enforcement program set forth in Title IV, Part
D of the
Social | ||||||
8 | Security Act.
| ||||||
9 | This Section does not prohibit the furnishing of | ||||||
10 | information in accordance
with the federal Personal | ||||||
11 | Responsibility and Work Opportunity Reconciliation
Act of | ||||||
12 | 1996. Any insurance company governed by this Code shall enter | ||||||
13 | into an
agreement for data exchanges with the Department of | ||||||
14 | Child Support Services
Public Aid provided the
Department of | ||||||
15 | Child Support Services
Public Aid
pays to the insurance company | ||||||
16 | a reasonable fee not to exceed its
actual cost incurred. An | ||||||
17 | insurance company providing
information in accordance with | ||||||
18 | this item shall not be liable to any owner of an
account as | ||||||
19 | defined in Section 10-24 of the Illinois Public Aid Code or | ||||||
20 | other
person for any disclosure of information to the | ||||||
21 | Department of Child Support Services or its predecessor, the | ||||||
22 | Department of Public Aid, for
encumbering or surrendering any | ||||||
23 | accounts as defined in Section 10-24 of the
Illinois Public Aid | ||||||
24 | Code held by the insurance company
in response to a lien
or | ||||||
25 | order to withhold and deliver issued by a State agency, or for | ||||||
26 | any other
action taken pursuant to this item, including | ||||||
27 | individual or mechanical errors,
provided the action does not | ||||||
28 | constitute gross negligence or willful misconduct.
An | ||||||
29 | insurance company shall have no obligation to hold, encumber, | ||||||
30 | or
surrender any accounts as defined in Section 10-24 of the | ||||||
31 | Illinois Public Aid
Code until
it has been served with a | ||||||
32 | subpoena, summons, warrant, court or administrative
order, | ||||||
33 | lien, or levy requiring that action.
| ||||||
34 | (Source: P.A. 90-18, eff. 7-1-97.)
| ||||||
35 | (215 ILCS 5/238.1)
|
| |||||||
| |||||||
1 | Sec. 238.1. Data exchanges;
administrative liens.
| ||||||
2 | (a) Any insurance company
doing business in the State and | ||||||
3 | governed by
this Code shall enter into an agreement for data | ||||||
4 | exchanges
with the Illinois Department of Child Support | ||||||
5 | Services
Public Aid
for the purpose of locating accounts as | ||||||
6 | defined in Section 10-24 of the
Illinois Public Aid Code of | ||||||
7 | responsible relatives to
satisfy past-due child support owed by | ||||||
8 | responsible
relatives under an order for support entered by a | ||||||
9 | court or
administrative body of this or any other State on | ||||||
10 | behalf
of resident or non-resident persons.
| ||||||
11 | (b) Notwithstanding any provisions in this Code to the
| ||||||
12 | contrary, an insurance company shall not be liable to any | ||||||
13 | person:
| ||||||
14 | (1) for any disclosure of information to the Department | ||||||
15 | of Child Support Services or its predecessor, the Illinois
| ||||||
16 | Department of Public Aid , under subsection (a);
| ||||||
17 | (2) for encumbering or surrendering any accounts as | ||||||
18 | defined in Section
10-24 of the Illinois Public Aid Code | ||||||
19 | held by such
insurance company in response to a
notice of | ||||||
20 | lien or levy issued by the Department of Child Support | ||||||
21 | Services or its predecessor, the Illinois
Department of | ||||||
22 | Public Aid,
or by any other state's child support | ||||||
23 | enforcement
agency, as provided for in Section 238 of this
| ||||||
24 | Code; or
| ||||||
25 | (3) for any other action taken in good faith to comply
| ||||||
26 | with the requirements of subsection (a).
| ||||||
27 | (Source: P.A. 90-18, eff. 7-1-97.)
| ||||||
28 | (215 ILCS 5/299.1a) (from Ch. 73, par. 911.1a)
| ||||||
29 | Sec. 299.1a. Benefits not Attachable.
| ||||||
30 | (a) No money or other charity, relief
or aid to be paid, | ||||||
31 | provided or rendered by any society shall be liable to
| ||||||
32 | attachment, garnishment or other process or to be seized, | ||||||
33 | taken,
appropriated or applied by any legal or equitable | ||||||
34 | process or operation of
law to pay any debt or liability of a | ||||||
35 | member or beneficiary, or any other
person who may have a right |
| |||||||
| |||||||
1 | thereunder, either before or after payment by the
society.
| ||||||
2 | (b) Any benefit association doing
business in
this State | ||||||
3 | and governed by this Article XVII shall encumber or surrender
| ||||||
4 | accounts as defined in Section 10-24 of the Illinois Public Aid | ||||||
5 | Code
held by the benefit
association owned by any responsible | ||||||
6 | relative who is subject to a child
support lien,
upon notice of | ||||||
7 | the lien or levy by the Illinois Department of Public Aid
or | ||||||
8 | its successor agency pursuant to Section 10-25.5 of the | ||||||
9 | Illinois Public Aid
Code, or upon notice of interstate lien | ||||||
10 | from any other state's agency
responsible for implementing the | ||||||
11 | child support enforcement program set forth in
Title IV, Part D | ||||||
12 | of the Social Security Act.
| ||||||
13 | This Section shall not prohibit the furnishing of | ||||||
14 | information in
accordance
with the federal
Personal | ||||||
15 | Responsibility and Work Opportunity Reconciliation Act of | ||||||
16 | 1996.
Any benefit association governed by this Article XVII | ||||||
17 | shall enter into an
agreement for data
exchanges with the | ||||||
18 | Department of Child Support Services
Public Aid provided the | ||||||
19 | Department of Child Support Services
Public
Aid pays to the | ||||||
20 | benefit association a reasonable fee not to exceed its
actual | ||||||
21 | cost incurred. A benefit association providing
information in | ||||||
22 | accordance with this item shall not be liable to any account
| ||||||
23 | holder or other person for any disclosure of information to a | ||||||
24 | State agency, for
encumbering or surrendering any accounts as | ||||||
25 | defined in Section 10-24 of the
Illinois Public Aid Code held | ||||||
26 | by the benefit association
in response to a lien
or order to | ||||||
27 | withhold and deliver issued by a State agency, or for any other
| ||||||
28 | action taken pursuant to this item, including individual or | ||||||
29 | mechanical errors,
provided the action does not constitute | ||||||
30 | gross negligence or willful misconduct.
A benefit association | ||||||
31 | shall have no obligation to hold, encumber, or
surrender | ||||||
32 | accounts until
it has been served with a subpoena, summons, | ||||||
33 | warrant, court or administrative
order, lien, or levy requiring | ||||||
34 | that action.
| ||||||
35 | (Source: P.A. 90-18, eff. 7-1-97.)
|
| |||||||
| |||||||
1 | (215 ILCS 5/299.1b)
| ||||||
2 | Sec. 299.1b. Data exchanges;
administrative liens.
| ||||||
3 | (a) Any benefit
association doing business in the State and | ||||||
4 | governed by
this Code shall enter into an agreement for data | ||||||
5 | exchanges
with the Illinois Department of Child Support | ||||||
6 | Services
Public Aid
for the purpose of locating accounts as | ||||||
7 | defined in Section 10-24 of the
Illinois Public Aid Code of | ||||||
8 | responsible relatives to
satisfy past-due child support owed by | ||||||
9 | responsible
relatives under an order for support entered by a | ||||||
10 | court or
administrative body of this or any other State on | ||||||
11 | behalf
of resident or non-resident persons.
| ||||||
12 | (b) Notwithstanding any provisions in this Code to the
| ||||||
13 | contrary, a benefit association
shall not be liable to any | ||||||
14 | person:
| ||||||
15 | (1) for any disclosure of information to the Department | ||||||
16 | of Child Support Services or its predecessor, the Illinois
| ||||||
17 | Department of Public Aid ,
under subsection (a);
| ||||||
18 | (2) for encumbering or surrendering any accounts
as | ||||||
19 | defined in Section 10-24 of the Illinois Public Aid Code | ||||||
20 | held by such
benefit association in response to a
notice of | ||||||
21 | lien or levy issued by the Department of Child Support | ||||||
22 | Services or its predecessor, the Illinois
Department of | ||||||
23 | Public Aid,
or by any other state's child support | ||||||
24 | enforcement
agency, as provided for in Section 299.1a of | ||||||
25 | this
Code; or
| ||||||
26 | (3) for any other action taken in good faith to comply
| ||||||
27 | with the requirements of subsection (a).
| ||||||
28 | (Source: P.A. 90-18, eff. 7-1-97.)
| ||||||
29 | (215 ILCS 5/337.1)
| ||||||
30 | Sec. 337.1. Data exchanges;
administrative liens.
| ||||||
31 | (a) Any benefit association governed by this Article XVIII | ||||||
32 | shall
encumber or surrender accounts as defined in Section | ||||||
33 | 10-24 of the Illinois
Public Aid Code held by the
benefit | ||||||
34 | association on behalf of any responsible relative who is
| ||||||
35 | subject to a child support lien, upon notice of the lien or |
| |||||||
| |||||||
1 | levy by the
Illinois Department of Public Aid or its successor | ||||||
2 | agency pursuant to Section
10-25.5 of the Illinois Public Aid | ||||||
3 | Code, or upon notice of
interstate lien from any other state's | ||||||
4 | agency responsible
for implementing the child support | ||||||
5 | enforcement program set
forth in Title IV, Part D of the Social | ||||||
6 | Security Act.
| ||||||
7 | (b) This Section shall not prohibit the furnishing of | ||||||
8 | information in
accordance
with the federal
Personal | ||||||
9 | Responsibility and Work Opportunity Reconciliation Act of | ||||||
10 | 1996.
Any benefit association governed by this Article XVIII | ||||||
11 | shall enter into an
agreement for data
exchanges with the | ||||||
12 | Department of Child Support Services
Public Aid provided the | ||||||
13 | Department of Child Support Services
Public
Aid pays to the | ||||||
14 | benefit association a reasonable fee not to exceed its
actual | ||||||
15 | cost incurred. A benefit association providing
information in | ||||||
16 | accordance with this item shall not be liable to any owner of | ||||||
17 | an
account as defined in Section 10-24 of the Illinois Public | ||||||
18 | Aid Code or other
person for any disclosure of information to | ||||||
19 | the Department of Child Support Services or its predecessor,
| ||||||
20 | the Department of Public Aid, for
encumbering or surrendering | ||||||
21 | any accounts held by the benefit association in
response to a | ||||||
22 | lien
or order to withhold and deliver issued by the Department | ||||||
23 | of Child Support Services or its predecessor, the Department of | ||||||
24 | Public Aid, or for
any other
action taken pursuant to this | ||||||
25 | item, including individual or mechanical errors,
provided the | ||||||
26 | action does not constitute gross negligence or willful | ||||||
27 | misconduct.
A benefit association shall have no obligation to | ||||||
28 | hold, encumber, or
surrender the accounts or portions thereof | ||||||
29 | as defined in Section 10-24 of the
Illinois Public Aid Code | ||||||
30 | until it has been served with a subpoena, summons,
warrant, | ||||||
31 | court or administrative order,
lien, or levy.
| ||||||
32 | (Source: P.A. 90-18, eff. 7-1-97.)
| ||||||
33 | Section 970. The Illinois Public Aid Code is amended by | ||||||
34 | changing Sections 2-12 and 2-12.5 and by adding Section 10-0.5 | ||||||
35 | as follows:
|
| |||||||
| |||||||
1 | (305 ILCS 5/2-12) (from Ch. 23, par. 2-12)
| ||||||
2 | Sec. 2-12. "Illinois Department"; "Department". In this | ||||||
3 | Code,
"Illinois Department" or "Department", when a particular | ||||||
4 | entity is not
specified, means the following:
| ||||||
5 | (1) In the case of a function performed before July 1, 1997 | ||||||
6 | (the effective
date of the Department of Human Services Act), | ||||||
7 | the term means the Department of
Public Aid.
| ||||||
8 | (2) In the case of a function to be performed on or after | ||||||
9 | July 1, 1997 under
Article III, IV, VI, IX, or IXA, the term | ||||||
10 | means the Department of Human
Services as successor to the | ||||||
11 | Illinois Department of Public Aid.
| ||||||
12 | (3) In the case of a function to be performed on or after | ||||||
13 | July 1, 1997 under
Article V, V-A, V-B, V-C, V-D, V-E, X, XIV, | ||||||
14 | or XV, the term means the Illinois
Department of Public Aid. | ||||||
15 | (3.5) In the case of a function to be performed on or after | ||||||
16 | July 1, 1997 and before the effective date of this amendatory | ||||||
17 | Act of the 94th General Assembly under
Article X, the term | ||||||
18 | means the Illinois
Department of Public Aid. | ||||||
19 | (3.10) In the case of a function to be performed on or | ||||||
20 | after the effective date of this amendatory Act of the 94th | ||||||
21 | General Assembly under
Article X, the term means the Department | ||||||
22 | of Child Support Services.
| ||||||
23 | (4) In the case of a function to be performed on or after | ||||||
24 | July 1, 1997 under
Article I, II, VIIIA, XI, XII, or XIII, the | ||||||
25 | term means the Department of Human
Services (acting as | ||||||
26 | successor to the Illinois Department of Public Aid) or the
| ||||||
27 | Illinois Department of Public Aid or both, according to whether | ||||||
28 | that function,
in the specific context, has been allocated to | ||||||
29 | the Department of Human
Services or the Department of Public | ||||||
30 | Aid or both of those departments.
| ||||||
31 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
32 | (305 ILCS 5/2-12.5)
| ||||||
33 | Sec. 2-12.5. "Director of the Illinois Department"; | ||||||
34 | "Director of the
Department"; "Director". In this Code, |
| |||||||
| |||||||
1 | "Director of the Illinois Department",
"Director of the | ||||||
2 | Department", or "Director", when a particular official is not
| ||||||
3 | specified, means the following:
| ||||||
4 | (1) In the case of a function performed before July 1, 1997 | ||||||
5 | (the effective
date of the Department of Human Services Act), | ||||||
6 | the term means the Director of
Public Aid.
| ||||||
7 | (2) In the case of a function to be performed on or after | ||||||
8 | July 1, 1997 under
Article III, IV, VI, IX, or IXA, the term | ||||||
9 | means the Secretary of Human
Services.
| ||||||
10 | (3) In the case of a function to be performed on or after | ||||||
11 | July 1, 1997 under
Article V, V-A, V-B, V-C, V-D, V-E, X, XIV, | ||||||
12 | or XV, the term means the Director
of Public Aid. | ||||||
13 | (3.5) In the case of a function to be performed on or after | ||||||
14 | July 1, 1997 and before the effective date of this amendatory | ||||||
15 | Act of the 94th General Assembly under
Article X, the term | ||||||
16 | means the Director
of Public Aid. | ||||||
17 | (3.10) In the case of a function to be performed on or | ||||||
18 | after the effective date of this amendatory Act of the 94th | ||||||
19 | General Assembly under
Article X, the term means the Director
| ||||||
20 | of Child Support Services.
| ||||||
21 | (4) In the case of a function to be performed on or after | ||||||
22 | July 1, 1997 under
Article I, II, VIIIA, XI, XII, or XIII, the | ||||||
23 | term means the Secretary of Human
Services or the Director of | ||||||
24 | Public Aid or both, according to whether that
function, in the | ||||||
25 | specific context, has been allocated to the Department of
Human | ||||||
26 | Services or the Department of Public Aid or both of those | ||||||
27 | departments.
| ||||||
28 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
29 | (305 ILCS 5/10-0.5 new) | ||||||
30 | Sec. 10-0.5. Department or Director of Child Support | ||||||
31 | Services. | ||||||
32 | (a) On and after the effective date of this amendatory Act | ||||||
33 | of the 94th General Assembly, the Department of Child Support | ||||||
34 | Services and the Director of Child Support Services shall | ||||||
35 | perform all functions performed immediately before that date by |
| |||||||
| |||||||
1 | the Department of Public Aid and the Director of Public Aid, | ||||||
2 | respectively, under this Article X, as provided in the | ||||||
3 | Department of Child Support Services Act. | ||||||
4 | (b) On and after the effective date of this amendatory Act | ||||||
5 | of the 94th General Assembly, unless the context requires | ||||||
6 | otherwise: | ||||||
7 | (1) References in this Article X to "the Illinois | ||||||
8 | Department of Public Aid", "the Department of Public Aid", | ||||||
9 | the "Illinois Department", or "the Department" mean the | ||||||
10 | Department of Child Support Services. | ||||||
11 | (2) References in this Article X to "the Director of | ||||||
12 | Public Aid", "the Director of the Illinois Department", | ||||||
13 | "the Director of the Department", or "the Director" mean | ||||||
14 | the Director of Child Support Services. | ||||||
15 | Section 975. The Vital Records Act is amended by changing | ||||||
16 | Section 24 as follows:
| ||||||
17 | (410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24)
| ||||||
18 | Sec. 24. (1) To protect the integrity of vital records, to | ||||||
19 | insure their
proper use, and to insure the efficient and proper | ||||||
20 | administration of the
vital records system, access to vital | ||||||
21 | records, and indexes thereof,
including vital records in the | ||||||
22 | custody of local registrars and county
clerks originating prior | ||||||
23 | to January 1, 1916, is limited to the custodian
and his | ||||||
24 | employees, and then only for administrative purposes, except | ||||||
25 | that
the indexes of those records in the custody of local | ||||||
26 | registrars and county
clerks, originating prior to January 1, | ||||||
27 | 1916, shall be made available to
persons for the purpose of | ||||||
28 | genealogical research. Original, photographic or
| ||||||
29 | microphotographic reproductions of original records of births | ||||||
30 | 100 years old
and older and deaths 50 years old and older, and | ||||||
31 | marriage records 75 years
old and older on file in the State | ||||||
32 | Office of Vital Records and in the
custody of the county clerks | ||||||
33 | may be made available for inspection in the
Illinois State | ||||||
34 | Archives reference area, Illinois Regional Archives
|
| |||||||
| |||||||
1 | Depositories, and other libraries approved by the Illinois | ||||||
2 | State
Registrar and the Director of the Illinois State | ||||||
3 | Archives, provided that
the photographic or microphotographic | ||||||
4 | copies are made at no cost to the
county or to the State of | ||||||
5 | Illinois. It is unlawful for any custodian to
permit inspection | ||||||
6 | of, or to disclose information contained in, vital
records, or | ||||||
7 | to copy or permit to be copied, all or part of any such record
| ||||||
8 | except as authorized by this Act or regulations adopted | ||||||
9 | pursuant thereto.
| ||||||
10 | (2) The State Registrar of Vital Records, or his agent, and | ||||||
11 | any
municipal, county, multi-county, public health district, | ||||||
12 | or regional health
officer recognized by the Department may | ||||||
13 | examine vital records for the
purpose only of carrying out the | ||||||
14 | public health programs and
responsibilities under his | ||||||
15 | jurisdiction.
| ||||||
16 | (3) The State Registrar of Vital Records, may disclose, or | ||||||
17 | authorize the
disclosure of, data contained in the vital | ||||||
18 | records when deemed essential
for bona fide research purposes | ||||||
19 | which are not for private gain.
| ||||||
20 | This amendatory Act of 1973 does not apply to any home rule | ||||||
21 | unit.
| ||||||
22 | (4) The State Registrar shall exchange with the Illinois
| ||||||
23 | Department of Child Support Services
Public Aid information | ||||||
24 | that
may be necessary for the establishment of paternity and | ||||||
25 | the establishment,
modification, and enforcement of child | ||||||
26 | support orders
entered pursuant to the Illinois Public Aid | ||||||
27 | Code, the Illinois
Marriage and Dissolution of Marriage Act, | ||||||
28 | the Non-Support of
Spouse and Children Act, the Non-Support | ||||||
29 | Punishment Act, the Revised Uniform Reciprocal Enforcement of | ||||||
30 | Support
Act, the Uniform Interstate Family Support
Act, or the | ||||||
31 | Illinois Parentage Act of 1984.
Notwithstanding any provisions | ||||||
32 | in this Act to the
contrary, the State Registrar shall not be | ||||||
33 | liable
to any person for any disclosure of information to the | ||||||
34 | Department of Child Support Services or its predecessor, the
| ||||||
35 | Illinois Department of Public Aid , under this subsection
or for | ||||||
36 | any
other action taken in good faith to comply with the |
| |||||||
| |||||||
1 | requirements of this
subsection.
| ||||||
2 | (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)
| ||||||
3 | Section 980. The Illinois Vehicle Code is amended by | ||||||
4 | changing Sections 2-109.1 and 2-123 as follows:
| ||||||
5 | (625 ILCS 5/2-109.1)
| ||||||
6 | Sec. 2-109.1. Exchange of information.
| ||||||
7 | (a) The Secretary of State shall exchange information with | ||||||
8 | the Illinois
Department of Child Support Services
Public Aid
| ||||||
9 | which may be necessary for
the establishment of
paternity and | ||||||
10 | the establishment, modification, and enforcement of child
| ||||||
11 | support orders pursuant to
the Illinois Public Aid Code, the | ||||||
12 | Illinois
Marriage and Dissolution of Marriage Act, the | ||||||
13 | Non-Support of
Spouse and Children Act, the Non-Support | ||||||
14 | Punishment Act, the Revised
Uniform Reciprocal Enforcement of | ||||||
15 | Support
Act, the Uniform Interstate Family Support
Act, or the | ||||||
16 | Illinois Parentage Act of 1984.
| ||||||
17 | (b) Notwithstanding any provisions in this Code to the
| ||||||
18 | contrary, the Secretary of State shall not be liable
to any | ||||||
19 | person for any disclosure of information to the Department of | ||||||
20 | Child Support Services or its predecessor, the
Illinois | ||||||
21 | Department of Public Aid , under subsection (a)
or for any
other | ||||||
22 | action taken in good faith to comply with the requirements of
| ||||||
23 | subsection (a).
| ||||||
24 | (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 7-1-00.)
| ||||||
25 | (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
| ||||||
26 | Sec. 2-123. Sale and Distribution of Information.
| ||||||
27 | (a) Except as otherwise provided in this Section, the | ||||||
28 | Secretary may make the
driver's license, vehicle and title | ||||||
29 | registration lists, in part or in whole,
and any statistical | ||||||
30 | information derived from these lists available to local
| ||||||
31 | governments, elected state officials, state educational | ||||||
32 | institutions, and all
other governmental units of the State and | ||||||
33 | Federal
Government
requesting them for governmental purposes. |
| |||||||
| |||||||
1 | The Secretary shall require any such
applicant for services to | ||||||
2 | pay for the costs of furnishing such services and the
use of | ||||||
3 | the equipment involved, and in addition is empowered to | ||||||
4 | establish prices
and charges for the services so furnished and | ||||||
5 | for the use of the electronic
equipment utilized.
| ||||||
6 | (b) The Secretary is further empowered to and he may, in | ||||||
7 | his discretion,
furnish to any applicant, other than listed in | ||||||
8 | subsection (a) of this Section,
vehicle or driver data on a | ||||||
9 | computer tape, disk, other electronic format or
computer | ||||||
10 | processable medium, or printout at a fixed fee of
$250 for | ||||||
11 | orders received before October 1, 2003 and $500 for orders | ||||||
12 | received
on or after October 1, 2003, in advance, and require | ||||||
13 | in addition a
further sufficient
deposit based upon the | ||||||
14 | Secretary of State's estimate of the total cost of the
| ||||||
15 | information requested and a charge of $25 for orders received | ||||||
16 | before October
1, 2003 and $50 for orders received on or after | ||||||
17 | October 1, 2003, per 1,000
units or part
thereof identified or | ||||||
18 | the actual cost, whichever is greater. The Secretary is
| ||||||
19 | authorized to refund any difference between the additional | ||||||
20 | deposit and the
actual cost of the request. This service shall | ||||||
21 | not be in lieu of an abstract
of a driver's record nor of a | ||||||
22 | title or registration search. This service may
be limited to | ||||||
23 | entities purchasing a minimum number of records as required by
| ||||||
24 | administrative rule. The information
sold pursuant to this | ||||||
25 | subsection shall be the entire vehicle or driver data
list, or | ||||||
26 | part thereof. The information sold pursuant to this subsection
| ||||||
27 | shall not contain personally identifying information unless | ||||||
28 | the information is
to be used for one of the purposes | ||||||
29 | identified in subsection (f-5) of this
Section. Commercial | ||||||
30 | purchasers of driver and vehicle record databases shall
enter | ||||||
31 | into a written agreement with the Secretary of State that | ||||||
32 | includes
disclosure of the commercial use of the information to | ||||||
33 | be purchased.
| ||||||
34 | (c) Secretary of State may issue registration lists. The | ||||||
35 | Secretary
of State shall compile and publish, at least | ||||||
36 | annually, a list of all registered
vehicles. Each list of |
| |||||||
| |||||||
1 | registered vehicles shall be arranged serially
according to the | ||||||
2 | registration numbers assigned to registered vehicles and
shall | ||||||
3 | contain in addition the names and addresses of registered | ||||||
4 | owners and
a brief description of each vehicle including the | ||||||
5 | serial or other
identifying number thereof. Such compilation | ||||||
6 | may be in such form as in the
discretion of the Secretary of | ||||||
7 | State may seem best for the purposes intended.
| ||||||
8 | (d) The Secretary of State shall furnish no more than 2 | ||||||
9 | current available
lists of such registrations to the sheriffs | ||||||
10 | of all counties and to the chiefs
of police of all cities and | ||||||
11 | villages and towns of 2,000 population and over
in this State | ||||||
12 | at no cost. Additional copies may be purchased by the sheriffs
| ||||||
13 | or chiefs of police at the fee
of $500 each or at the cost of | ||||||
14 | producing the list as determined
by the Secretary of State. | ||||||
15 | Such lists are to be used for governmental
purposes only.
| ||||||
16 | (e) (Blank).
| ||||||
17 | (e-1) (Blank).
| ||||||
18 | (f) The Secretary of State shall make a title or | ||||||
19 | registration search of the
records of his office and a written | ||||||
20 | report on the same for any person, upon
written application of | ||||||
21 | such person, accompanied by a fee of $5 for
each registration | ||||||
22 | or title search. The written application shall set forth
the | ||||||
23 | intended use of the requested information. No fee shall be | ||||||
24 | charged for a
title or
registration search, or for the | ||||||
25 | certification thereof requested by a government
agency. The | ||||||
26 | report of the title or registration search shall not contain
| ||||||
27 | personally identifying information unless the request for a | ||||||
28 | search was made for
one of the purposes identified in | ||||||
29 | subsection (f-5) of this Section. The report of the title or | ||||||
30 | registration search shall not contain highly
restricted | ||||||
31 | personal
information unless specifically authorized by this | ||||||
32 | Code.
| ||||||
33 | The Secretary of State shall certify a title or | ||||||
34 | registration record upon
written request. The fee for | ||||||
35 | certification shall be $5 in addition
to the fee required for a | ||||||
36 | title or registration search. Certification shall
be made under |
| |||||||
| |||||||
1 | the signature of the Secretary of State and shall be
| ||||||
2 | authenticated by Seal of the Secretary of State.
| ||||||
3 | The Secretary of State may notify the vehicle owner or | ||||||
4 | registrant of
the request for purchase of his title or | ||||||
5 | registration information as the
Secretary deems appropriate.
| ||||||
6 | No information shall be released to the requestor until | ||||||
7 | expiration of a
10 day period. This 10 day period shall not | ||||||
8 | apply to requests for
information made by law enforcement | ||||||
9 | officials, government agencies,
financial institutions, | ||||||
10 | attorneys, insurers, employers, automobile
associated | ||||||
11 | businesses, persons licensed as a private detective or firms
| ||||||
12 | licensed as a private detective agency under the Private | ||||||
13 | Detective, Private
Alarm, Private Security, and Locksmith Act | ||||||
14 | of 2004, who are employed by or are
acting on
behalf of law | ||||||
15 | enforcement officials, government agencies, financial
| ||||||
16 | institutions, attorneys, insurers, employers, automobile | ||||||
17 | associated businesses,
and other business entities for | ||||||
18 | purposes consistent with the Illinois Vehicle
Code, the vehicle | ||||||
19 | owner or registrant or other entities as the Secretary may
| ||||||
20 | exempt by rule and regulation.
| ||||||
21 | Any misrepresentation made by a requestor of title or | ||||||
22 | vehicle information
shall be punishable as a petty offense, | ||||||
23 | except in the case of persons
licensed as a private detective | ||||||
24 | or firms licensed as a private detective agency
which shall be | ||||||
25 | subject to disciplinary sanctions under Section 40-10 of the
| ||||||
26 | Private Detective, Private Alarm, Private Security, and | ||||||
27 | Locksmith Act of 2004.
| ||||||
28 | (f-5) The Secretary of State shall not disclose or | ||||||
29 | otherwise make
available to
any person or entity any personally | ||||||
30 | identifying information obtained by the
Secretary
of State in | ||||||
31 | connection with a driver's license, vehicle, or title | ||||||
32 | registration
record
unless the information is disclosed for one | ||||||
33 | of the following purposes:
| ||||||
34 | (1) For use by any government agency, including any | ||||||
35 | court or law
enforcement agency, in carrying out its | ||||||
36 | functions, or any private person or
entity acting on behalf |
| |||||||
| |||||||
1 | of a federal, State, or local agency in carrying out
its
| ||||||
2 | functions.
| ||||||
3 | (2) For use in connection with matters of motor vehicle | ||||||
4 | or driver safety
and theft; motor vehicle emissions; motor | ||||||
5 | vehicle product alterations, recalls,
or advisories; | ||||||
6 | performance monitoring of motor vehicles, motor vehicle | ||||||
7 | parts,
and dealers; and removal of non-owner records from | ||||||
8 | the original owner
records of motor vehicle manufacturers.
| ||||||
9 | (3) For use in the normal course of business by a | ||||||
10 | legitimate business or
its agents, employees, or | ||||||
11 | contractors, but only:
| ||||||
12 | (A) to verify the accuracy of personal information | ||||||
13 | submitted by
an individual to the business or its | ||||||
14 | agents, employees, or contractors;
and
| ||||||
15 | (B) if such information as so submitted is not | ||||||
16 | correct or is no
longer correct, to obtain the correct | ||||||
17 | information, but only for the
purposes of preventing | ||||||
18 | fraud by, pursuing legal remedies against, or
| ||||||
19 | recovering on a debt or security interest against, the | ||||||
20 | individual.
| ||||||
21 | (4) For use in research activities and for use in | ||||||
22 | producing statistical
reports, if the personally | ||||||
23 | identifying information is not published,
redisclosed, or | ||||||
24 | used to
contact individuals.
| ||||||
25 | (5) For use in connection with any civil, criminal, | ||||||
26 | administrative, or
arbitral proceeding in any federal, | ||||||
27 | State, or local court or agency or before
any
| ||||||
28 | self-regulatory body, including the service of process, | ||||||
29 | investigation in
anticipation of litigation, and the | ||||||
30 | execution or enforcement of judgments and
orders, or | ||||||
31 | pursuant to an order of a federal, State, or local court.
| ||||||
32 | (6) For use by any insurer or insurance support | ||||||
33 | organization or by a
self-insured entity or its agents, | ||||||
34 | employees, or contractors in connection with
claims | ||||||
35 | investigation activities, antifraud activities, rating, or | ||||||
36 | underwriting.
|
| |||||||
| |||||||
1 | (7) For use in providing notice to the owners of towed | ||||||
2 | or
impounded vehicles.
| ||||||
3 | (8) For use by any person licensed as a private | ||||||
4 | detective or firm licensed as a private
detective agency | ||||||
5 | under
the Private Detective, Private Alarm, Private | ||||||
6 | Security, and Locksmith Act of
1993, private investigative | ||||||
7 | agency or security service
licensed in Illinois for any | ||||||
8 | purpose permitted under this subsection.
| ||||||
9 | (9) For use by an employer or its agent or insurer to | ||||||
10 | obtain or verify
information relating to a holder of a | ||||||
11 | commercial driver's license that is
required under chapter | ||||||
12 | 313 of title 49 of the United States Code.
| ||||||
13 | (10) For use in connection with the operation of | ||||||
14 | private toll
transportation facilities.
| ||||||
15 | (11) For use by any requester, if the requester | ||||||
16 | demonstrates it has
obtained the written consent of the | ||||||
17 | individual to whom the information
pertains.
| ||||||
18 | (12) For use by members of the news media, as defined | ||||||
19 | in
Section 1-148.5, for the purpose of newsgathering when | ||||||
20 | the request relates to
the
operation of a motor vehicle or | ||||||
21 | public safety.
| ||||||
22 | (13) For any other use specifically authorized by law, | ||||||
23 | if that use is
related to the operation of a motor vehicle | ||||||
24 | or public safety. | ||||||
25 | (f-6) The Secretary of State shall not disclose or | ||||||
26 | otherwise make
available to any
person or entity any highly | ||||||
27 | restricted personal information obtained by the
Secretary of
| ||||||
28 | State in connection with a driver's license, vehicle, or
title | ||||||
29 | registration
record unless
specifically authorized by this | ||||||
30 | Code.
| ||||||
31 | (g) 1. The Secretary of State may, upon receipt of a | ||||||
32 | written request
and a fee of $6 before October 1, 2003 and | ||||||
33 | a fee of $12 on and after October
1, 2003, furnish to the | ||||||
34 | person or agency so requesting a
driver's record. Such | ||||||
35 | document may include a record of: current driver's
license | ||||||
36 | issuance information, except that the information on |
| |||||||
| |||||||
1 | judicial driving
permits shall be available only as | ||||||
2 | otherwise provided by this Code;
convictions; orders | ||||||
3 | entered revoking, suspending or cancelling a
driver's
| ||||||
4 | license or privilege; and notations of accident | ||||||
5 | involvement. All other
information, unless otherwise | ||||||
6 | permitted by
this Code, shall remain confidential. | ||||||
7 | Information released pursuant to a
request for a driver's | ||||||
8 | record shall not contain personally identifying
| ||||||
9 | information, unless the request for the driver's record was | ||||||
10 | made for one of the
purposes set forth in subsection (f-5) | ||||||
11 | of this Section.
| ||||||
12 | 2. The Secretary of State shall not disclose or | ||||||
13 | otherwise make available
to any
person or
entity any highly | ||||||
14 | restricted personal information obtained by the Secretary | ||||||
15 | of
State in
connection with a driver's license, vehicle, or | ||||||
16 | title
registration record
unless specifically
authorized | ||||||
17 | by this Code. The Secretary of State may certify an | ||||||
18 | abstract of a driver's record
upon written request | ||||||
19 | therefor. Such certification
shall be made under the | ||||||
20 | signature of the Secretary of State and shall be
| ||||||
21 | authenticated by the Seal of his office.
| ||||||
22 | 3. All requests for driving record information shall be | ||||||
23 | made in a manner
prescribed by the Secretary and shall set | ||||||
24 | forth the intended use of the
requested information.
| ||||||
25 | The Secretary of State may notify the affected driver | ||||||
26 | of the request
for purchase of his driver's record as the | ||||||
27 | Secretary deems appropriate.
| ||||||
28 | No information shall be released to the requester until | ||||||
29 | expiration of a
10 day period. This 10 day period shall not | ||||||
30 | apply to requests for information
made by law enforcement | ||||||
31 | officials, government agencies, financial institutions,
| ||||||
32 | attorneys, insurers, employers, automobile associated | ||||||
33 | businesses, persons
licensed as a private detective or | ||||||
34 | firms licensed as a private detective agency
under the | ||||||
35 | Private Detective, Private Alarm, Private Security, and | ||||||
36 | Locksmith Act
of 2004,
who are employed by or are acting on |
| |||||||
| |||||||
1 | behalf of law enforcement officials,
government agencies, | ||||||
2 | financial institutions, attorneys, insurers, employers,
| ||||||
3 | automobile associated businesses, and other business | ||||||
4 | entities for purposes
consistent with the Illinois Vehicle | ||||||
5 | Code, the affected driver or other
entities as the | ||||||
6 | Secretary may exempt by rule and regulation.
| ||||||
7 | Any misrepresentation made by a requestor of driver | ||||||
8 | information shall
be punishable as a petty offense, except | ||||||
9 | in the case of persons licensed as
a private detective or | ||||||
10 | firms licensed as a private detective agency which shall
be | ||||||
11 | subject to disciplinary sanctions under Section 40-10 of | ||||||
12 | the Private
Detective, Private Alarm, Private Security, | ||||||
13 | and Locksmith Act of 2004.
| ||||||
14 | 4. The Secretary of State may furnish without fee, upon | ||||||
15 | the written
request of a law enforcement agency, any | ||||||
16 | information from a driver's
record on file with the | ||||||
17 | Secretary of State when such information is required
in the | ||||||
18 | enforcement of this Code or any other law relating to the | ||||||
19 | operation
of motor vehicles, including records of | ||||||
20 | dispositions; documented
information involving the use of | ||||||
21 | a motor vehicle; whether such individual
has, or previously | ||||||
22 | had, a driver's license; and the address and personal
| ||||||
23 | description as reflected on said driver's record.
| ||||||
24 | 5. Except as otherwise provided in this Section, the | ||||||
25 | Secretary of
State may furnish, without fee, information | ||||||
26 | from an individual driver's
record on file, if a written | ||||||
27 | request therefor is submitted
by any public transit system | ||||||
28 | or authority, public defender, law enforcement
agency, a | ||||||
29 | state or federal agency, or an Illinois local | ||||||
30 | intergovernmental
association, if the request is for the | ||||||
31 | purpose of a background check of
applicants for employment | ||||||
32 | with the requesting agency, or for the purpose of
an | ||||||
33 | official investigation conducted by the agency, or to | ||||||
34 | determine a
current address for the driver so public funds | ||||||
35 | can be recovered or paid to
the driver, or for any other | ||||||
36 | purpose set forth in subsection (f-5)
of this Section.
|
| |||||||
| |||||||
1 | The Secretary may also furnish the courts a copy of an | ||||||
2 | abstract of a
driver's record, without fee, subsequent to | ||||||
3 | an arrest for a violation of
Section 11-501 or a similar | ||||||
4 | provision of a local ordinance. Such abstract
may include | ||||||
5 | records of dispositions; documented information involving
| ||||||
6 | the use of a motor vehicle as contained in the current | ||||||
7 | file; whether such
individual has, or previously had, a | ||||||
8 | driver's license; and the address and
personal description | ||||||
9 | as reflected on said driver's record.
| ||||||
10 | 6. Any certified abstract issued by the Secretary of | ||||||
11 | State or
transmitted electronically by the Secretary of | ||||||
12 | State pursuant to this
Section,
to a court or on request of | ||||||
13 | a law enforcement agency, for the record of a
named person | ||||||
14 | as to the status of the person's driver's license shall be
| ||||||
15 | prima facie evidence of the facts therein stated and if the | ||||||
16 | name appearing
in such abstract is the same as that of a | ||||||
17 | person named in an information or
warrant, such abstract | ||||||
18 | shall be prima facie evidence that the person named
in such | ||||||
19 | information or warrant is the same person as the person | ||||||
20 | named in
such abstract and shall be admissible for any | ||||||
21 | prosecution under this Code and
be admitted as proof of any | ||||||
22 | prior conviction or proof of records, notices, or
orders | ||||||
23 | recorded on individual driving records maintained by the | ||||||
24 | Secretary of
State.
| ||||||
25 | 7. Subject to any restrictions contained in the | ||||||
26 | Juvenile Court Act of
1987, and upon receipt of a proper | ||||||
27 | request and a fee of $6 before October 1,
2003 and a fee of | ||||||
28 | $12 on or after October 1, 2003, the
Secretary of
State | ||||||
29 | shall provide a driver's record to the affected driver, or | ||||||
30 | the affected
driver's attorney, upon verification. Such | ||||||
31 | record shall contain all the
information referred to in | ||||||
32 | paragraph 1 of this subsection (g) plus: any
recorded | ||||||
33 | accident involvement as a driver; information recorded | ||||||
34 | pursuant to
subsection (e) of Section 6-117 and paragraph | ||||||
35 | (4) of subsection (a) of
Section 6-204 of this Code. All | ||||||
36 | other information, unless otherwise permitted
by this |
| |||||||
| |||||||
1 | Code, shall remain confidential.
| ||||||
2 | (h) The Secretary shall not disclose social security | ||||||
3 | numbers or any associated information obtained from the Social | ||||||
4 | Security Administration except pursuant
to a written request | ||||||
5 | by, or with the prior written consent of, the
individual | ||||||
6 | except: (1) to officers and employees of the Secretary
who
have | ||||||
7 | a need to know the social security numbers in performance of | ||||||
8 | their
official duties, (2) to law enforcement officials for a | ||||||
9 | lawful, civil or
criminal law enforcement investigation, and if | ||||||
10 | the head of the law enforcement
agency has made a written | ||||||
11 | request to the Secretary specifying the law
enforcement | ||||||
12 | investigation for which the social security numbers are being
| ||||||
13 | sought, (3) to the United States Department of Transportation, | ||||||
14 | or any other
State, pursuant to the administration and | ||||||
15 | enforcement of the Commercial
Motor Vehicle Safety Act of 1986, | ||||||
16 | (4) pursuant to the order of a court
of competent jurisdiction, | ||||||
17 | or (5) to the Department of Child Support Services
Public Aid
| ||||||
18 | for
utilization
in the child support enforcement duties | ||||||
19 | assigned to that Department under
provisions of the Illinois
| ||||||
20 | Public Aid Code after the individual has received advanced
| ||||||
21 | meaningful notification of what redisclosure is sought by the | ||||||
22 | Secretary in
accordance with the federal Privacy Act.
| ||||||
23 | (i) (Blank).
| ||||||
24 | (j) Medical statements or medical reports received in the | ||||||
25 | Secretary of
State's Office shall be confidential. No | ||||||
26 | confidential information may be
open to public inspection or | ||||||
27 | the contents disclosed to anyone, except
officers and employees | ||||||
28 | of the Secretary who have a need to know the information
| ||||||
29 | contained in the medical reports and the Driver License Medical | ||||||
30 | Advisory
Board, unless so directed by an order of a court of | ||||||
31 | competent jurisdiction.
| ||||||
32 | (k) All fees collected under this Section shall be paid | ||||||
33 | into the Road
Fund of the State Treasury, except that (i) for | ||||||
34 | fees collected before October
1, 2003, $3 of the $6 fee for a
| ||||||
35 | driver's record shall be paid into the Secretary of State | ||||||
36 | Special Services
Fund, (ii) for fees collected on and after |
| |||||||
| |||||||
1 | October 1, 2003, of the $12 fee
for a driver's record, $3 shall | ||||||
2 | be paid into the Secretary of State Special
Services Fund and | ||||||
3 | $6 shall be paid into the General Revenue Fund, and (iii) for
| ||||||
4 | fees collected on and after October 1, 2003, 50% of the amounts | ||||||
5 | collected
pursuant to subsection (b) shall be paid into the | ||||||
6 | General Revenue Fund.
| ||||||
7 | (l) (Blank).
| ||||||
8 | (m) Notations of accident involvement that may be disclosed | ||||||
9 | under this
Section shall not include notations relating to | ||||||
10 | damage to a vehicle or other
property being transported by a | ||||||
11 | tow truck. This information shall remain
confidential, | ||||||
12 | provided that nothing in this subsection (m) shall limit
| ||||||
13 | disclosure of any notification of accident involvement to any | ||||||
14 | law enforcement
agency or official.
| ||||||
15 | (n) Requests made by the news media for driver's license, | ||||||
16 | vehicle, or
title registration information may be furnished | ||||||
17 | without charge or at a reduced
charge, as determined by the | ||||||
18 | Secretary, when the specific purpose for
requesting the | ||||||
19 | documents is deemed to be in the public interest. Waiver or
| ||||||
20 | reduction of the fee is in the public interest if the principal | ||||||
21 | purpose of the
request is to access and disseminate information | ||||||
22 | regarding the health, safety,
and welfare or the legal rights | ||||||
23 | of the general public and is not for the
principal purpose of | ||||||
24 | gaining a personal or commercial benefit.
The information | ||||||
25 | provided pursuant to this subsection shall not contain
| ||||||
26 | personally identifying information unless the information is | ||||||
27 | to be used for one
of the
purposes identified in subsection | ||||||
28 | (f-5) of this Section.
| ||||||
29 | (o) The redisclosure of personally identifying information
| ||||||
30 | obtained
pursuant
to this Section is prohibited, except to the | ||||||
31 | extent necessary to effectuate the
purpose
for which the | ||||||
32 | original disclosure of the information was permitted.
| ||||||
33 | (p) The Secretary of State is empowered to adopt rules
to
| ||||||
34 | effectuate this Section.
| ||||||
35 | (Source: P.A. 92-32, eff. 7-1-01; 92-651, eff. 7-11-02; 93-32, | ||||||
36 | eff. 7-1-03; 93-438, eff. 8-5-03; 93-895, eff. 1-1-05.)
|
| |||||||
| |||||||
1 | Section 985. The Attorney Act is amended by changing | ||||||
2 | Section 1 as follows:
| ||||||
3 | (705 ILCS 205/1) (from Ch. 13, par. 1)
| ||||||
4 | Sec. 1. No person shall be permitted to practice as an | ||||||
5 | attorney or
counselor at law within this State without having | ||||||
6 | previously obtained a
license for that purpose from the Supreme | ||||||
7 | Court of this State.
| ||||||
8 | No person shall receive any compensation directly or | ||||||
9 | indirectly for any
legal services other than a regularly | ||||||
10 | licensed attorney.
| ||||||
11 | A license, as provided for herein, constitutes the person | ||||||
12 | receiving the
same an attorney and counselor at law, according | ||||||
13 | to the law and customs
thereof, for and during his good | ||||||
14 | behavior in the practice and authorizes
him to demand and | ||||||
15 | receive fees for any services which he may render as an
| ||||||
16 | attorney and counselor at law in this State. No person shall be | ||||||
17 | granted
a license or renewal authorized by this Act who has | ||||||
18 | defaulted on an
educational loan guaranteed by the Illinois | ||||||
19 | Student Assistance Commission;
however, a license or renewal | ||||||
20 | may be issued to the aforementioned persons
who have | ||||||
21 | established a satisfactory repayment record as determined by | ||||||
22 | the
Illinois Student Assistance Commission.
No person shall be | ||||||
23 | granted a license or renewal authorized by this Act who is
more | ||||||
24 | than 30 days delinquent in complying with a child support | ||||||
25 | order; a license
or renewal may be issued, however, if the | ||||||
26 | person has
established a satisfactory repayment record as | ||||||
27 | determined (i) by the Illinois
Department of Child Support | ||||||
28 | Services
Public Aid for cases being enforced under Article X of | ||||||
29 | the
Illinois Public Aid Code or (ii) in all other cases by | ||||||
30 | order of court or by
written agreement between the custodial | ||||||
31 | parent and non-custodial parent.
No person shall be refused a | ||||||
32 | license under this Act on account of sex.
| ||||||
33 | Any person practicing, charging or receiving fees for legal | ||||||
34 | services
within this State, either directly or indirectly, |
| |||||||
| |||||||
1 | without being licensed to
practice as herein required, is | ||||||
2 | guilty of contempt of court and shall be
punished accordingly, | ||||||
3 | upon complaint being filed in any Circuit Court of
this State. | ||||||
4 | Such proceedings shall be conducted in the Courts of the
| ||||||
5 | respective counties where the alleged contempt has been | ||||||
6 | committed in the
same manner as in cases of indirect contempt | ||||||
7 | and with the right of review
by the parties thereto.
| ||||||
8 | The provisions of this Act shall be in addition to other | ||||||
9 | remedies
permitted by law and shall not be construed to deprive | ||||||
10 | courts of this State
of their inherent right to punish for | ||||||
11 | contempt or to restrain the
unauthorized practice of law.
| ||||||
12 | Nothing in this Act shall be construed to prohibit | ||||||
13 | representation of a
party by a person who is not an attorney in | ||||||
14 | a proceeding before either panel
of the Illinois Labor | ||||||
15 | Relations Board under the Illinois Public Labor Relations Act, | ||||||
16 | as now or
hereafter amended, the Illinois Educational Labor | ||||||
17 | Relations Board under the
Illinois Educational Labor Relations | ||||||
18 | Act, as now or hereafter amended, the
State Civil Service | ||||||
19 | Commission, the local Civil Service Commissions, or the
| ||||||
20 | University Civil Service Merit Board, to the extent allowed | ||||||
21 | pursuant to
rules and regulations promulgated by those Boards | ||||||
22 | and Commissions.
| ||||||
23 | (Source: P.A. 91-798, eff. 7-9-00.)
| ||||||
24 | Section 990. The Unified Code of Corrections is amended by | ||||||
25 | changing Section 3-5-4 as follows:
| ||||||
26 | (730 ILCS 5/3-5-4)
| ||||||
27 | Sec. 3-5-4. Exchange of information for child support
| ||||||
28 | enforcement.
| ||||||
29 | (a) The Department shall exchange with the Illinois
| ||||||
30 | Department of Child Support Services
Public Aid information | ||||||
31 | that
may be necessary for the enforcement of child support | ||||||
32 | orders
entered pursuant to the Illinois Public Aid Code, the | ||||||
33 | Illinois
Marriage and Dissolution of Marriage Act, the | ||||||
34 | Non-Support of
Spouse and Children Act, the Non-Support |
| |||||||
| |||||||
1 | Punishment Act, the Revised
Uniform Reciprocal Enforcement of | ||||||
2 | Support
Act, the Uniform Interstate Family Support
Act, or the | ||||||
3 | Illinois Parentage Act of 1984.
| ||||||
4 | (b) Notwithstanding any provisions in this Code to the
| ||||||
5 | contrary, the Department shall not be liable
to any person for | ||||||
6 | any disclosure of information to the Department of Child | ||||||
7 | Support Services or its predecessor, the
Illinois Department of | ||||||
8 | Public Aid , under subsection (a)
or for any
other action taken | ||||||
9 | in good faith to comply with the requirements of
subsection | ||||||
10 | (a).
| ||||||
11 | (Source: P.A. 90-18, eff. 1-1-97; 91-613, eff. 10-1-99.)
| ||||||
12 | Section 995. The Illinois Marriage and Dissolution of | ||||||
13 | Marriage Act is amended by changing Sections 505, 505.1, 505.2, | ||||||
14 | 505.3, 506, 507, 507.1, 510, 516, 704, 705, 709, and 712 as | ||||||
15 | follows:
| ||||||
16 | (750 ILCS 5/505) (from Ch. 40, par. 505)
| ||||||
17 | Sec. 505. Child support; contempt; penalties.
| ||||||
18 | (a) In a proceeding for dissolution of marriage, legal | ||||||
19 | separation,
declaration of invalidity of marriage, a | ||||||
20 | proceeding for child support
following dissolution of the | ||||||
21 | marriage by a court which lacked personal
jurisdiction over the | ||||||
22 | absent spouse, a proceeding for modification of a
previous | ||||||
23 | order for child support under Section 510 of this Act, or any
| ||||||
24 | proceeding authorized under Section 501 or 601 of this Act, the | ||||||
25 | court may
order either or both parents owing a duty of support | ||||||
26 | to a child of the
marriage to pay an amount reasonable and | ||||||
27 | necessary for his support, without
regard to marital | ||||||
28 | misconduct. The duty of support owed to a child
includes the | ||||||
29 | obligation to provide for the reasonable and necessary
| ||||||
30 | physical, mental and emotional health needs of the child.
For | ||||||
31 | purposes of this Section, the term "child" shall include any | ||||||
32 | child under
age 18 and
any child under age 19 who is still | ||||||
33 | attending high school.
| ||||||
34 | (1) The Court shall determine the minimum amount of |
| ||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
1 | support by using the
following guidelines:
| |||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
10 | (2) The above guidelines shall be applied in each case | |||||||||||||||||||||||||||||||||
11 | unless the court
makes a finding that application of the | |||||||||||||||||||||||||||||||||
12 | guidelines would be
inappropriate, after considering the | |||||||||||||||||||||||||||||||||
13 | best interests of the child in light of
evidence including | |||||||||||||||||||||||||||||||||
14 | but not limited to one or more of the following relevant
| |||||||||||||||||||||||||||||||||
15 | factors:
| |||||||||||||||||||||||||||||||||
16 | (a) the financial resources and needs of the child;
| |||||||||||||||||||||||||||||||||
17 | (b) the financial resources and needs of the | |||||||||||||||||||||||||||||||||
18 | custodial parent;
| |||||||||||||||||||||||||||||||||
19 | (c) the standard of living the child would have | |||||||||||||||||||||||||||||||||
20 | enjoyed had the
marriage not been dissolved;
| |||||||||||||||||||||||||||||||||
21 | (d) the physical and emotional condition of the | |||||||||||||||||||||||||||||||||
22 | child, and his
educational needs; and
| |||||||||||||||||||||||||||||||||
23 | (e) the financial resources and needs of the | |||||||||||||||||||||||||||||||||
24 | non-custodial parent.
| |||||||||||||||||||||||||||||||||
25 | If the court deviates from the guidelines, the court's | |||||||||||||||||||||||||||||||||
26 | finding
shall state the amount of support that would have | |||||||||||||||||||||||||||||||||
27 | been required under the
guidelines, if determinable. The | |||||||||||||||||||||||||||||||||
28 | court shall include the reason or reasons for
the variance | |||||||||||||||||||||||||||||||||
29 | from the
guidelines.
| |||||||||||||||||||||||||||||||||
30 | (3) "Net income" is defined as the total of all income | |||||||||||||||||||||||||||||||||
31 | from all
sources, minus the following deductions:
| |||||||||||||||||||||||||||||||||
32 | (a) Federal income tax (properly calculated | |||||||||||||||||||||||||||||||||
33 | withholding or estimated
payments);
| |||||||||||||||||||||||||||||||||
34 | (b) State income tax (properly calculated | |||||||||||||||||||||||||||||||||
35 | withholding or estimated
payments);
| |||||||||||||||||||||||||||||||||
36 | (c) Social Security (FICA payments);
|
| |||||||
| |||||||
1 | (d) Mandatory retirement contributions required by | ||||||
2 | law or as a
condition of employment;
| ||||||
3 | (e) Union dues;
| ||||||
4 | (f) Dependent and individual | ||||||
5 | health/hospitalization insurance premiums;
| ||||||
6 | (g) Prior obligations of support or maintenance | ||||||
7 | actually paid pursuant
to a court order;
| ||||||
8 | (h) Expenditures for repayment of debts that | ||||||
9 | represent reasonable and
necessary expenses for the | ||||||
10 | production of income, medical expenditures
necessary | ||||||
11 | to preserve life or health, reasonable expenditures | ||||||
12 | for the
benefit of the child and the other parent, | ||||||
13 | exclusive of gifts. The court
shall reduce net income | ||||||
14 | in determining the minimum amount of support to be
| ||||||
15 | ordered only for the period that such payments are due | ||||||
16 | and shall enter an
order containing provisions for its | ||||||
17 | self-executing modification upon
termination of such | ||||||
18 | payment period.
| ||||||
19 | (4) In cases where the court order provides for
| ||||||
20 | health/hospitalization insurance coverage pursuant to | ||||||
21 | Section 505.2 of
this Act, the premiums for that insurance, | ||||||
22 | or that portion of the premiums
for which the supporting | ||||||
23 | party is responsible in the case of insurance
provided | ||||||
24 | through an employer's health insurance plan where
the | ||||||
25 | employer pays a portion of the premiums, shall be | ||||||
26 | subtracted
from net income in determining the minimum | ||||||
27 | amount of support to be ordered.
| ||||||
28 | (4.5) In a proceeding for child support following | ||||||
29 | dissolution of the
marriage by a court that lacked personal | ||||||
30 | jurisdiction over the absent spouse,
and in which the court | ||||||
31 | is requiring payment of support for the period before
the | ||||||
32 | date an order for current support is entered, there is a | ||||||
33 | rebuttable
presumption
that the supporting party's net | ||||||
34 | income for the prior period was the same as his
or her net | ||||||
35 | income at the time the order for current support is | ||||||
36 | entered.
|
| |||||||
| |||||||
1 | (5) If the net income cannot be determined because of | ||||||
2 | default or any
other reason, the court shall order support | ||||||
3 | in an amount considered
reasonable in the particular case. | ||||||
4 | The final order in all cases shall
state the support level | ||||||
5 | in dollar amounts.
However, if the
court finds that the | ||||||
6 | child support amount cannot be expressed exclusively as a
| ||||||
7 | dollar amount because all or a portion of the payor's net | ||||||
8 | income is uncertain
as to source, time of payment, or | ||||||
9 | amount, the court may order a percentage
amount of support | ||||||
10 | in addition to a specific dollar amount and enter
such | ||||||
11 | other orders as may be necessary to determine and enforce, | ||||||
12 | on a timely
basis, the applicable support ordered.
| ||||||
13 | (6) If (i) the non-custodial parent was properly served | ||||||
14 | with a request
for
discovery of financial information | ||||||
15 | relating to the non-custodial parent's
ability to
provide | ||||||
16 | child support, (ii) the non-custodial parent failed to | ||||||
17 | comply with the
request,
despite having been ordered to do | ||||||
18 | so by the court, and (iii) the non-custodial
parent is not | ||||||
19 | present at the hearing to determine support despite having
| ||||||
20 | received
proper notice, then any relevant financial | ||||||
21 | information concerning the
non-custodial parent's ability | ||||||
22 | to provide child support that was obtained
pursuant to
| ||||||
23 | subpoena and proper notice shall be admitted into evidence | ||||||
24 | without the need to
establish any further foundation for | ||||||
25 | its admission.
| ||||||
26 | (a-5) In an action to enforce an order for support based on | ||||||
27 | the
respondent's failure
to make support payments as required | ||||||
28 | by the order, notice of proceedings to
hold the respondent in | ||||||
29 | contempt for that failure may be served on the
respondent by | ||||||
30 | personal service or by regular mail addressed to the | ||||||
31 | respondent's
last known address. The respondent's last known | ||||||
32 | address may be determined from
records of the clerk of the | ||||||
33 | court, from the Federal Case Registry of Child
Support Orders, | ||||||
34 | or by any other reasonable means.
| ||||||
35 | (b) Failure of either parent to comply with an order to pay | ||||||
36 | support shall
be punishable as in other cases of contempt. In |
| |||||||
| |||||||
1 | addition to other
penalties provided by law the Court may, | ||||||
2 | after finding the parent guilty
of contempt, order that the | ||||||
3 | parent be:
| ||||||
4 | (1) placed on probation with such conditions of | ||||||
5 | probation as the Court
deems advisable;
| ||||||
6 | (2) sentenced to periodic imprisonment for a period not | ||||||
7 | to exceed 6
months; provided, however, that the Court may | ||||||
8 | permit the parent to be
released for periods of time during | ||||||
9 | the day or night to:
| ||||||
10 | (A) work; or
| ||||||
11 | (B) conduct a business or other self-employed | ||||||
12 | occupation.
| ||||||
13 | The Court may further order any part or all of the earnings | ||||||
14 | of a parent
during a sentence of periodic imprisonment paid to | ||||||
15 | the Clerk of the Circuit
Court or to the parent having custody | ||||||
16 | or to the guardian having custody
of the children of the | ||||||
17 | sentenced parent for the support of said
children until further | ||||||
18 | order of the Court.
| ||||||
19 | If there is a unity of interest and ownership sufficient to | ||||||
20 | render no
financial separation between a non-custodial parent | ||||||
21 | and another person or
persons or business entity, the court may | ||||||
22 | pierce the ownership veil of the
person, persons, or business | ||||||
23 | entity to discover assets of the non-custodial
parent held in | ||||||
24 | the name of that person, those persons, or that business | ||||||
25 | entity.
The following circumstances are sufficient to | ||||||
26 | authorize a court to order
discovery of the assets of a person, | ||||||
27 | persons, or business entity and to compel
the application of | ||||||
28 | any discovered assets toward payment on the judgment for
| ||||||
29 | support:
| ||||||
30 | (1) the non-custodial parent and the person, persons, | ||||||
31 | or business entity
maintain records together.
| ||||||
32 | (2) the non-custodial parent and the person, persons, | ||||||
33 | or business entity
fail to maintain an arms length | ||||||
34 | relationship between themselves with regard to
any assets.
| ||||||
35 | (3) the non-custodial parent transfers assets to the | ||||||
36 | person, persons,
or business entity with the intent to |
| |||||||
| |||||||
1 | perpetrate a fraud on the custodial
parent.
| ||||||
2 | With respect to assets which
are real property, no order | ||||||
3 | entered under this paragraph shall affect the
rights of bona | ||||||
4 | fide purchasers, mortgagees, judgment creditors, or other lien
| ||||||
5 | holders who acquire their interests in the property prior to | ||||||
6 | the time a notice
of lis pendens pursuant to the Code of Civil | ||||||
7 | Procedure or a copy of the order
is placed of record in the | ||||||
8 | office of the recorder of deeds for the county in
which the | ||||||
9 | real property is located.
| ||||||
10 | The court may also order in cases where the parent is 90 | ||||||
11 | days or more
delinquent in payment of support or has been | ||||||
12 | adjudicated in arrears in an
amount equal to 90 days obligation | ||||||
13 | or more, that the parent's Illinois driving
privileges be | ||||||
14 | suspended until the court
determines that the parent is in | ||||||
15 | compliance with the order of support.
The court may also order | ||||||
16 | that the parent be issued a family financial
responsibility | ||||||
17 | driving permit that would allow limited driving privileges for
| ||||||
18 | employment and medical purposes in accordance with Section | ||||||
19 | 7-702.1 of the
Illinois Vehicle Code. The clerk of the circuit | ||||||
20 | court shall certify the order
suspending the driving privileges | ||||||
21 | of the parent or granting the issuance of a
family financial | ||||||
22 | responsibility driving permit to the Secretary of State on
| ||||||
23 | forms prescribed by the Secretary. Upon receipt of the | ||||||
24 | authenticated
documents, the Secretary of State shall suspend | ||||||
25 | the parent's driving privileges
until further order of the | ||||||
26 | court and shall, if ordered by the court, subject to
the | ||||||
27 | provisions of Section 7-702.1 of the Illinois Vehicle Code, | ||||||
28 | issue a family
financial responsibility driving permit to the | ||||||
29 | parent.
| ||||||
30 | In addition to the penalties or punishment that may be | ||||||
31 | imposed under this
Section, any person whose conduct | ||||||
32 | constitutes a violation of Section 15 of the
Non-Support | ||||||
33 | Punishment Act may be prosecuted under that Act, and a person
| ||||||
34 | convicted under that Act may be sentenced in accordance with | ||||||
35 | that Act. The
sentence may include but need not be limited to a | ||||||
36 | requirement that the person
perform community service under |
| |||||||
| |||||||
1 | Section 50 of that Act or participate in a work
alternative | ||||||
2 | program under Section 50 of that Act. A person may not be | ||||||
3 | required
to participate in a work alternative program under | ||||||
4 | Section 50 of that Act if
the person is currently participating | ||||||
5 | in a work program pursuant to Section
505.1 of this Act.
| ||||||
6 | A support obligation, or any portion of a support | ||||||
7 | obligation, which becomes
due and remains unpaid for 30 days or | ||||||
8 | more shall accrue simple interest at
the rate of 9% per annum.
| ||||||
9 | An order for support entered or modified on or after January 1, | ||||||
10 | 2002 shall
contain a statement that a support obligation | ||||||
11 | required under the order, or any
portion of a support | ||||||
12 | obligation required under the order, that becomes due and
| ||||||
13 | remains unpaid for 30 days or more shall accrue simple interest | ||||||
14 | at the rate of
9% per annum. Failure to include the statement | ||||||
15 | in the order for support does
not affect the validity of the | ||||||
16 | order or the accrual of interest as provided in
this Section.
| ||||||
17 | (c) A one-time charge of 20% is imposable upon the amount | ||||||
18 | of
past-due child support owed on July 1, 1988 which has | ||||||
19 | accrued under a
support order entered by the court. The charge | ||||||
20 | shall be imposed in
accordance with the provisions of Section | ||||||
21 | 10-21 of the Illinois Public Aid
Code and shall be enforced by | ||||||
22 | the court upon petition.
| ||||||
23 | (d) Any new or existing support order entered by the court
| ||||||
24 | under this Section shall be deemed to be a series of judgments | ||||||
25 | against the
person obligated to pay support thereunder, each | ||||||
26 | such judgment to be in the
amount of each payment or | ||||||
27 | installment of support and each such judgment to
be deemed | ||||||
28 | entered as of the date the corresponding payment or installment
| ||||||
29 | becomes due under the terms of the support order. Each such | ||||||
30 | judgment shall
have the full force, effect and attributes of | ||||||
31 | any other judgment of this
State, including the ability to be | ||||||
32 | enforced.
A lien arises by operation of law against the real | ||||||
33 | and personal property of
the noncustodial parent for each | ||||||
34 | installment of overdue support owed by the
noncustodial parent.
| ||||||
35 | (e) When child support is to be paid through the clerk of | ||||||
36 | the court in a
county of 1,000,000 inhabitants or less, the |
| |||||||
| |||||||
1 | order shall direct the obligor
to pay to the clerk, in addition | ||||||
2 | to the child support payments, all fees
imposed by the county | ||||||
3 | board under paragraph (3) of subsection (u) of
Section 27.1 of | ||||||
4 | the Clerks of Courts Act. Unless paid in cash or pursuant to
an | ||||||
5 | order for withholding, the payment of the fee shall be by a | ||||||
6 | separate
instrument from the support payment and shall be made | ||||||
7 | to the order of the
Clerk.
| ||||||
8 | (f) All orders for support, when entered or
modified, shall | ||||||
9 | include a provision requiring the obligor to notify
the court | ||||||
10 | and, in cases in which a party is receiving child and spouse
| ||||||
11 | services under Article X of the Illinois Public Aid Code, the
| ||||||
12 | Illinois Department of Child Support Services
Public Aid , | ||||||
13 | within 7 days, (i) of the name and address
of any new employer | ||||||
14 | of the obligor, (ii) whether the obligor has access to
health | ||||||
15 | insurance coverage through the employer or other group coverage | ||||||
16 | and,
if so, the policy name and number and the names of persons | ||||||
17 | covered under
the policy, and (iii) of any new residential or | ||||||
18 | mailing address or telephone
number of the non-custodial | ||||||
19 | parent. In any subsequent action to enforce a
support order, | ||||||
20 | upon a sufficient showing that a diligent effort has been made
| ||||||
21 | to ascertain the location of the non-custodial parent, service | ||||||
22 | of process or
provision of notice necessary in the case may be | ||||||
23 | made at the last known
address of the non-custodial parent in | ||||||
24 | any manner expressly provided by the
Code of Civil Procedure or | ||||||
25 | this Act, which service shall be sufficient for
purposes of due | ||||||
26 | process.
| ||||||
27 | (g) An order for support shall include a date on which the | ||||||
28 | current
support obligation terminates. The termination date | ||||||
29 | shall be no earlier than
the date on which the child covered by | ||||||
30 | the order will attain the age of
18. However, if the child will | ||||||
31 | not graduate from high school until after
attaining the age of | ||||||
32 | 18, then the termination date shall be no earlier than the
| ||||||
33 | earlier of the date on which the child's high school graduation | ||||||
34 | will occur or
the date on which the child will attain the age | ||||||
35 | of 19. The order for support
shall state that the termination | ||||||
36 | date does not apply to any arrearage that may
remain unpaid on |
| |||||||
| |||||||
1 | that date. Nothing in this subsection shall be construed to
| ||||||
2 | prevent the court from modifying the order or terminating the | ||||||
3 | order in the
event the child is otherwise emancipated.
| ||||||
4 | (g-5) If there is an unpaid arrearage or delinquency (as | ||||||
5 | those terms are defined in the Income Withholding for Support | ||||||
6 | Act) equal to at least one month's support obligation on the | ||||||
7 | termination date stated in the order for support or, if there | ||||||
8 | is no termination date stated in the order, on the date the | ||||||
9 | child attains the age of majority or is otherwise emancipated, | ||||||
10 | the periodic amount required to be paid for current support of | ||||||
11 | that child immediately prior to that date shall automatically | ||||||
12 | continue to be an obligation, not as current support but as | ||||||
13 | periodic payment toward satisfaction of the unpaid arrearage or | ||||||
14 | delinquency. That periodic payment shall be in addition to any | ||||||
15 | periodic payment previously required for satisfaction of the | ||||||
16 | arrearage or delinquency. The total periodic amount to be paid | ||||||
17 | toward satisfaction of the arrearage or delinquency may be | ||||||
18 | enforced and collected by any method provided by law for | ||||||
19 | enforcement and collection of child support, including but not | ||||||
20 | limited to income withholding under the Income Withholding for | ||||||
21 | Support Act. Each order for support entered or modified on or | ||||||
22 | after the effective date of this amendatory Act of the 93rd | ||||||
23 | General Assembly must contain a statement notifying the parties | ||||||
24 | of the requirements of this subsection. Failure to include the | ||||||
25 | statement in the order for support does not affect the validity | ||||||
26 | of the order or the operation of the provisions of this | ||||||
27 | subsection with regard to the order. This subsection shall not | ||||||
28 | be construed to prevent or affect the establishment or | ||||||
29 | modification of an order for support of a minor child or the | ||||||
30 | establishment or modification of an order for support of a | ||||||
31 | non-minor child or educational expenses under Section 513 of | ||||||
32 | this Act.
| ||||||
33 | (h) An order entered under this Section shall include a | ||||||
34 | provision requiring
the obligor to report to the obligee and to | ||||||
35 | the clerk of court within 10 days
each time the obligor obtains | ||||||
36 | new employment, and each time the obligor's
employment is |
| |||||||
| |||||||
1 | terminated for any reason. The report shall be in writing and
| ||||||
2 | shall, in the case of new employment, include the name and | ||||||
3 | address of the new
employer. Failure to report new employment | ||||||
4 | or the termination of current
employment, if coupled with | ||||||
5 | nonpayment of support for a period in excess of 60
days, is | ||||||
6 | indirect criminal contempt. For any obligor arrested for | ||||||
7 | failure to
report new employment bond shall be set in the | ||||||
8 | amount of the child support that
should have been paid during | ||||||
9 | the period of unreported employment. An order
entered under | ||||||
10 | this Section shall also include a provision requiring the | ||||||
11 | obligor
and obligee parents to advise each other of a change in | ||||||
12 | residence within 5 days
of the change except when the court | ||||||
13 | finds that the physical, mental, or
emotional health of a party | ||||||
14 | or that of a child, or both, would be
seriously endangered by | ||||||
15 | disclosure of the party's address.
| ||||||
16 | (i) The court does not lose the powers of contempt, | ||||||
17 | driver's license
suspension, or other child support | ||||||
18 | enforcement mechanisms, including, but
not limited to, | ||||||
19 | criminal prosecution as set forth in this Act, upon the
| ||||||
20 | emancipation of the minor child or children.
| ||||||
21 | (Source: P.A. 92-16, eff. 6-28-01; 92-203, eff. 8-1-01; 92-374, | ||||||
22 | eff. 8-15-01; 92-651, eff. 7-11-02; 92-876, eff. 6-1-03; | ||||||
23 | 93-148, eff. 7-10-03; 93-1061, eff. 1-1-05.)
| ||||||
24 | (750 ILCS 5/505.1) (from Ch. 40, par. 505.1)
| ||||||
25 | Sec. 505.1. (a) Whenever it is determined in a proceeding | ||||||
26 | to establish
or
enforce a child support or maintenance | ||||||
27 | obligation that the person owing a
duty of support is | ||||||
28 | unemployed, the court may order the person to seek
employment | ||||||
29 | and report periodically to the court with a diary, listing or
| ||||||
30 | other memorandum of his or her efforts in accordance with such | ||||||
31 | order.
Additionally, the court may order the unemployed person | ||||||
32 | to report to the
Department of Employment Security for job | ||||||
33 | search services or to make
application with the local Job | ||||||
34 | Training Partnership Act provider
for
participation in job | ||||||
35 | search, training or work programs and where the duty
of support |
| |||||||
| |||||||
1 | is owed to a child receiving child support enforcement
services | ||||||
2 | under Article X of
the Illinois Public Aid Code, as amended, | ||||||
3 | the court may order the
unemployed person to report to the | ||||||
4 | Illinois Department of Child Support Services
Public Aid for
| ||||||
5 | participation in job search, training or work programs | ||||||
6 | established under
Section 9-6 and Article IXA of that Code.
| ||||||
7 | (b) Whenever it is determined that a person owes past-due | ||||||
8 | support for
a child or for a child and the parent with whom the | ||||||
9 | child is living, and the
child is receiving assistance under | ||||||
10 | the Illinois Public Aid Code,
the court shall order at the | ||||||
11 | request of the Illinois
Department of Child Support Services
| ||||||
12 | Public Aid :
| ||||||
13 | (1) that the person pay the past-due support in | ||||||
14 | accordance with a plan
approved by the court; or
| ||||||
15 | (2) if the person owing past-due support is unemployed, | ||||||
16 | is subject to such
a plan, and is
not incapacitated, that | ||||||
17 | the person participate in such job search, training, or
| ||||||
18 | work programs established under Section 9-6 and Article IXA | ||||||
19 | of the Illinois
Public Aid Code as the court deems | ||||||
20 | appropriate.
| ||||||
21 | (Source: P.A. 91-357, eff. 7-29-99; 92-590, eff. 7-1-02.)
| ||||||
22 | (750 ILCS 5/505.2) (from Ch. 40, par. 505.2)
| ||||||
23 | Sec. 505.2. Health insurance.
| ||||||
24 | (a) Definitions. As used in this Section:
| ||||||
25 | (1) "Obligee" means the individual to whom the duty of | ||||||
26 | support is owed or
the individual's legal representative.
| ||||||
27 | (2) "Obligor" means the individual who owes a duty of | ||||||
28 | support pursuant
to an order for support.
| ||||||
29 | (3) "Public office" means any elected official or any | ||||||
30 | State or local
agency which is or may become responsible by | ||||||
31 | law for enforcement of, or
which is or may become | ||||||
32 | authorized to enforce, an order for support,
including, but | ||||||
33 | not limited to: the Attorney General, the Illinois
| ||||||
34 | Department of Child Support Services
Public Aid , the | ||||||
35 | Illinois Department of Human Services, the
Illinois |
| |||||||
| |||||||
1 | Department of Children and Family Services, and the various | ||||||
2 | State's
Attorneys, Clerks of the Circuit Court and | ||||||
3 | supervisors of general assistance.
| ||||||
4 | (4) "Child" shall have the meaning ascribed to it in | ||||||
5 | Section 505.
| ||||||
6 | (b) Order.
| ||||||
7 | (1) Whenever the court establishes, modifies or | ||||||
8 | enforces an
order for child support or for child support | ||||||
9 | and maintenance the court
shall include in the order a | ||||||
10 | provision for the health care coverage of the
child which | ||||||
11 | shall, upon request of the obligee or Public Office, | ||||||
12 | require that
any child
covered by the order be named as a | ||||||
13 | beneficiary of any health insurance plan
that is available | ||||||
14 | to the obligor through an employer or labor union or
trade | ||||||
15 | union. If the court finds that such a plan is not available | ||||||
16 | to the
obligor, or that the plan is not accessible to the | ||||||
17 | obligee, the court may, upon
request of the obligee or | ||||||
18 | Public Office, order the obligor to name the child
covered | ||||||
19 | by the order as a beneficiary of any health insurance plan | ||||||
20 | that is
available to the obligor on a group basis, or as a | ||||||
21 | beneficiary of an
independent health insurance plan to be | ||||||
22 | obtained by the obligor, after
considering the following | ||||||
23 | factors:
| ||||||
24 | (A) the medical needs of the child;
| ||||||
25 | (B) the availability of a plan to meet those needs; | ||||||
26 | and
| ||||||
27 | (C) the cost of such a plan to the obligor.
| ||||||
28 | (2) If the employer or labor union or trade union | ||||||
29 | offers more than
one plan, the order shall require the | ||||||
30 | obligor to name the child as a
beneficiary of the plan in | ||||||
31 | which the obligor is enrolled.
| ||||||
32 | (3) Nothing in this Section shall be construed to limit | ||||||
33 | the authority of
the court to establish or modify a support | ||||||
34 | order to provide for payment of
expenses, including | ||||||
35 | deductibles, copayments and any other health expenses,
| ||||||
36 | which are in addition to expenses covered by an insurance |
| |||||||
| |||||||
1 | plan of which a
child is ordered to be named a beneficiary | ||||||
2 | pursuant to this Section.
| ||||||
3 | (c) Implementation and enforcement.
| ||||||
4 | (1) When the court order requires that
a minor child be | ||||||
5 | named as a beneficiary of a health insurance plan, other | ||||||
6 | than
a health insurance plan available through an employer | ||||||
7 | or labor union or trade
union, the obligor shall provide | ||||||
8 | written proof to the obligee or Public Office
that the | ||||||
9 | required insurance has been obtained, or that application | ||||||
10 | for
insurability has been made, within 30 days of receiving | ||||||
11 | notice of the court
order. Unless the obligor was present | ||||||
12 | in court when the order was issued,
notice of the order | ||||||
13 | shall be given pursuant to Illinois Supreme Court Rules.
If | ||||||
14 | an obligor fails to provide the required proof, he may be | ||||||
15 | held in contempt
of court.
| ||||||
16 | (2) When the court requires that a child be named as a
| ||||||
17 | beneficiary of a health insurance plan available through an | ||||||
18 | employer or
labor union or trade union, the court's order | ||||||
19 | shall be implemented in
accordance with the Income | ||||||
20 | Withholding for Support Act.
| ||||||
21 | (d) Failure to maintain insurance. The dollar amount of the | ||||||
22 | premiums
for court-ordered health insurance, or that portion of | ||||||
23 | the premiums for
which the obligor is responsible in the case | ||||||
24 | of insurance provided under a
group health insurance plan | ||||||
25 | through an employer or labor union or trade
union where the | ||||||
26 | employer or labor union or trade union pays a portion of the
| ||||||
27 | premiums, shall be considered an additional child support | ||||||
28 | obligation owed by
the obligor. Whenever the obligor fails to | ||||||
29 | provide or maintain health
insurance pursuant to an order for | ||||||
30 | support, the obligor shall be liable to the
obligee for the | ||||||
31 | dollar amount of the premiums which were not paid, and shall
| ||||||
32 | also be liable for all medical expenses incurred by the child | ||||||
33 | which
would
have been paid or reimbursed by the health | ||||||
34 | insurance which the obligor was
ordered to provide or maintain. | ||||||
35 | In addition, the obligee may petition the court
to modify the | ||||||
36 | order based solely on the obligor's failure to pay the premiums
|
| |||||||
| |||||||
1 | for court-ordered health insurance.
| ||||||
2 | (e) Authorization for payment. The signature of the obligee | ||||||
3 | is a valid
authorization to the insurer to process a claim for | ||||||
4 | payment under the
insurance plan to the provider of the health | ||||||
5 | care services or to the obligee.
| ||||||
6 | (f) Disclosure of information. The obligor's employer or | ||||||
7 | labor union
or trade union shall disclose to the obligee or | ||||||
8 | Public Office, upon request,
information concerning any | ||||||
9 | dependent coverage plans which would be made
available to a new | ||||||
10 | employee or labor union member or trade union member. The
| ||||||
11 | employer or labor union or trade union shall disclose such | ||||||
12 | information whether
or not a court order for medical support | ||||||
13 | has been entered.
| ||||||
14 | (g) Employer obligations. If a parent is required by an
| ||||||
15 | order for support to provide coverage for a child's health care
| ||||||
16 | expenses and if that coverage is available to the parent | ||||||
17 | through an employer
who does business in this State, the | ||||||
18 | employer must do all of the
following upon receipt of a copy of | ||||||
19 | the order of support or order for
withholding:
| ||||||
20 | (1) The employer shall, upon the parent's request, | ||||||
21 | permit the parent to
include in that coverage a
child who | ||||||
22 | is otherwise eligible for that coverage, without regard to | ||||||
23 | any
enrollment season restrictions that might otherwise be | ||||||
24 | applicable as
to the time period within which the child may | ||||||
25 | be added to that coverage.
| ||||||
26 | (2) If the parent has health care coverage through the | ||||||
27 | employer but fails
to apply for coverage
of the child, the | ||||||
28 | employer shall include the child in the parent's coverage
| ||||||
29 | upon application by the child's other parent or the | ||||||
30 | Illinois Department of
Public Aid.
| ||||||
31 | (3) The employer may not eliminate any child from the | ||||||
32 | parent's health care
coverage unless the employee is no | ||||||
33 | longer employed by the employer and no
longer covered under | ||||||
34 | the employer's group health plan or unless the employer is
| ||||||
35 | provided with satisfactory written evidence of
either of | ||||||
36 | the following:
|
| |||||||
| |||||||
1 | (A) The order for support is no longer in effect.
| ||||||
2 | (B) The child is or will be included in a | ||||||
3 | comparable health care plan
obtained by the parent | ||||||
4 | under such order that is currently in effect or will
| ||||||
5 | take effect no later than the date the prior coverage | ||||||
6 | is terminated.
| ||||||
7 | The employer may eliminate a child from a parent's | ||||||
8 | health care plan
obtained by the parent under such order if | ||||||
9 | the employer has eliminated
dependent health care coverage | ||||||
10 | for all of its employees.
| ||||||
11 | (Source: P.A. 92-16, eff. 6-28-01; 92-876, eff. 6-1-03.)
| ||||||
12 | (750 ILCS 5/505.3)
| ||||||
13 | Sec. 505.3. Information to State Case Registry.
| ||||||
14 | (a) In this Section:
| ||||||
15 | "Order for support", "obligor", "obligee", and "business | ||||||
16 | day" are defined as
set forth in the
Income Withholding for | ||||||
17 | Support Act.
| ||||||
18 | "State Case Registry" means the State Case Registry | ||||||
19 | established under Section
10-27 of the Illinois Public Aid | ||||||
20 | Code.
| ||||||
21 | (b) Each order for support entered or modified by the | ||||||
22 | circuit court under
this Act shall require that the obligor and | ||||||
23 | obligee (i) file with the clerk of
the
circuit court the | ||||||
24 | information required by this Section (and any other
information | ||||||
25 | required under Title IV, Part D of the Social Security Act or | ||||||
26 | by
the
federal Department of Health and Human Services) at the | ||||||
27 | time of
entry or modification of the order for support and (ii) | ||||||
28 | file updated
information with the clerk within 5 business days | ||||||
29 | of any change.
Failure of the obligor or obligee to file or | ||||||
30 | update the required information
shall be
punishable as in cases | ||||||
31 | of contempt. The failure shall not prevent the court
from | ||||||
32 | entering
or modifying the order for support, however.
| ||||||
33 | (c) The obligor shall file the following information: the | ||||||
34 | obligor's name,
date of birth, social security number, and | ||||||
35 | mailing address.
|
| |||||||
| |||||||
1 | If either the obligor or the obligee receives child support | ||||||
2 | enforcement
services from the Illinois Department
of Child | ||||||
3 | Support Services
Public Aid
under Article X of
the Illinois | ||||||
4 | Public Aid
Code, the obligor
shall also file the following | ||||||
5 | information: the obligor's telephone number,
driver's license | ||||||
6 | number, and residential address (if different from the
| ||||||
7 | obligor's mailing address), and the name, address, and | ||||||
8 | telephone number of the
obligor's employer or employers.
| ||||||
9 | (d) The obligee shall file the following information:
| ||||||
10 | (1) The names of the obligee and the child or children | ||||||
11 | covered by the
order for support.
| ||||||
12 | (2) The dates of birth of the obligee and the child or | ||||||
13 | children covered by
the order for support.
| ||||||
14 | (3) The social security numbers of the obligee and the | ||||||
15 | child or children
covered by the order for support.
| ||||||
16 | (4) The obligee's mailing address.
| ||||||
17 | (e) In cases in which the obligee receives child support | ||||||
18 | enforcement
services from the Illinois Department
of Child | ||||||
19 | Support Services
Public Aid
under Article X of the Illinois | ||||||
20 | Public
Aid Code, the order for support shall (i) require that | ||||||
21 | the obligee file the
information required under subsection (d) | ||||||
22 | with the Illinois Department of Child Support Services
Public | ||||||
23 | Aid for inclusion in the State Case Registry, rather
than file | ||||||
24 | the information with the clerk, and (ii) require that the | ||||||
25 | obligee
include the following additional information:
| ||||||
26 | (1) The obligee's telephone and driver's license | ||||||
27 | numbers.
| ||||||
28 | (2) The obligee's residential address, if different | ||||||
29 | from the obligee's
mailing address.
| ||||||
30 | (3) The name, address, and telephone number of the | ||||||
31 | obligee's employer or
employers.
| ||||||
32 | The order for support shall also require that the obligee | ||||||
33 | update
the information filed with the Illinois Department of | ||||||
34 | Child Support Services
Public Aid within 5
business days of any | ||||||
35 | change.
| ||||||
36 | (f) The clerk shall provide the information filed under |
| |||||||
| |||||||
1 | this Section,
together with the court docket number and county | ||||||
2 | in which the order for support
was entered, to the State Case | ||||||
3 | Registry within 5 business days after receipt of
the | ||||||
4 | information.
| ||||||
5 | (g) In a case in which a party is receiving child support | ||||||
6 | enforcement
services under Article X of the Illinois Public Aid | ||||||
7 | Code, the clerk shall
provide the following additional | ||||||
8 | information to the State Case Registry within
5 business days | ||||||
9 | after entry or modification of an order for support or request
| ||||||
10 | from the Illinois Department of Child Support Services
Public | ||||||
11 | Aid :
| ||||||
12 | (1) The amount of monthly or other periodic support | ||||||
13 | owed under the order
for support and other amounts, | ||||||
14 | including arrearage, interest, or late payment
penalties | ||||||
15 | and fees, due or overdue under the order.
| ||||||
16 | (2) Any such amounts that have been received by the | ||||||
17 | clerk, and the
distribution of those amounts by the clerk.
| ||||||
18 | (h) Information filed by the obligor and obligee under this | ||||||
19 | Section that is
not specifically required to be included in the | ||||||
20 | body of an order for support
under other laws is not a public | ||||||
21 | record and shall be treated as
confidential and subject to | ||||||
22 | disclosure only in accordance with the provisions
of this | ||||||
23 | Section, Section 10-27 of the Illinois Public Aid Code, and | ||||||
24 | Title IV,
Part D of the Social Security Act.
| ||||||
25 | (Source: P.A. 91-212, eff. 7-20-99; 92-16, eff. 6-28-01; | ||||||
26 | 92-463, eff.
8-22-01; 92-651, eff. 7-11-02.)
| ||||||
27 | (750 ILCS 5/506) (from Ch. 40, par. 506)
| ||||||
28 | Sec. 506. Representation of child.
| ||||||
29 | (a) Duties. In any proceedings involving the support, | ||||||
30 | custody,
visitation, education, parentage, property interest, | ||||||
31 | or general welfare of a
minor or dependent child, the court | ||||||
32 | may, on its own motion or that of any
party, and subject to the | ||||||
33 | terms or specifications the court determines, appoint
an | ||||||
34 | attorney to serve in one of the following capacities:
| ||||||
35 | (1) as an attorney to represent the child;
|
| |||||||
| |||||||
1 | (2) as a guardian ad litem to address issues the court | ||||||
2 | delineates;
| ||||||
3 | (3) as a child's representative whose duty shall be to | ||||||
4 | advocate what the
representative finds to be in the best | ||||||
5 | interests of the child after reviewing
the facts and | ||||||
6 | circumstances of the case. The child's representative | ||||||
7 | shall have
the same power and authority to take part in the | ||||||
8 | conduct of the litigation as
does an attorney for a party | ||||||
9 | and shall possess all the powers of investigation
and | ||||||
10 | recommendation as does a guardian ad litem. The child's | ||||||
11 | representative
shall consider, but not be bound by, the | ||||||
12 | expressed wishes of the child. A
child's representative | ||||||
13 | shall have received training in child advocacy or shall
| ||||||
14 | possess such experience as determined to be equivalent to | ||||||
15 | such training by the
chief judge of the circuit where the | ||||||
16 | child's representative has been appointed.
The child's | ||||||
17 | representative shall not disclose confidential | ||||||
18 | communications made
by the child, except as required by law | ||||||
19 | or by the Rules of Professional
Conduct. The child's | ||||||
20 | representative shall not be called as a witness regarding
| ||||||
21 | the issues set forth in this subsection.
| ||||||
22 | During the proceedings the court may appoint an additional | ||||||
23 | attorney to
serve in another of the capacities described in | ||||||
24 | subdivisions (a)(1), (a)(2), or
(a)(3) on
its own motion or | ||||||
25 | that of a party only for good cause shown and when the
reasons | ||||||
26 | for the additional appointment are set forth in specific | ||||||
27 | findings.
| ||||||
28 | (b) Fees and costs. The court shall enter an order as | ||||||
29 | appropriate for
costs, fees, and disbursements, including a | ||||||
30 | retainer, when the attorney,
guardian ad litem, or child's | ||||||
31 | representative is appointed, and thereafter as
necessary. Such | ||||||
32 | orders shall require payment by either or both parents, by any
| ||||||
33 | other party or source, or from the marital estate or the | ||||||
34 | child's separate
estate.
The court may not order payment by the | ||||||
35 | Illinois Department of Child Support Services
Public Aid
in | ||||||
36 | cases in which the Department is providing child support
|
| |||||||
| |||||||
1 | enforcement services
under Article X of the Illinois Public Aid | ||||||
2 | Code. Unless otherwise ordered by
the
court at the time fees | ||||||
3 | and costs are
approved, all fees and costs payable to an | ||||||
4 | attorney, guardian ad litem, or
child's representative under | ||||||
5 | this Section are by implication deemed to be in
the nature of | ||||||
6 | support of the child and are within the exceptions to discharge
| ||||||
7 | in bankruptcy under 11 U.S.C.A. 523. The provisions of Sections | ||||||
8 | 501 and 508 of
this Act shall apply to fees and costs for | ||||||
9 | attorneys appointed under this
Section.
| ||||||
10 | (Source: P.A. 91-410, eff. 1-1-00; 92-590, eff. 7-1-02.)
| ||||||
11 | (750 ILCS 5/507) (from Ch. 40, par. 507)
| ||||||
12 | Sec. 507. Payment of maintenance or support to court.
| ||||||
13 | (a) In actions instituted under this Act, the court shall | ||||||
14 | order that
maintenance and support payments be made to the | ||||||
15 | clerk of court as trustee for
remittance to the person entitled | ||||||
16 | to receive the payments. However, the court
in its discretion | ||||||
17 | may direct otherwise where circumstances so warrant.
| ||||||
18 | Upon notification in writing or by electronic transmission | ||||||
19 | from the
Illinois Department of Child Support Services
Public | ||||||
20 | Aid to the clerk of the court that a person who
is receiving | ||||||
21 | support payments under this Section is receiving services under
| ||||||
22 | the Child Support Enforcement Program established by Title IV-D | ||||||
23 | of the Social
Security Act, any support payments subsequently | ||||||
24 | received by the clerk of the
court shall be transmitted in | ||||||
25 | accordance with the instructions of the Illinois
Department of | ||||||
26 | Child Support Services
Public Aid until the Department gives | ||||||
27 | notice to the clerk of the
court to cease the transmittal.
| ||||||
28 | After providing the notification authorized under this | ||||||
29 | paragraph, the
Illinois Department of Child Support Services
| ||||||
30 | Public Aid shall be entitled as a party to notice of any
| ||||||
31 | further proceedings in the case. The clerk of the court shall | ||||||
32 | file a copy of
the Illinois Department of Child Support | ||||||
33 | Services'
Public Aid's notification in the court file. The
| ||||||
34 | failure of the clerk to file a copy of the notification in the | ||||||
35 | court file shall
not, however, affect the Illinois Department |
| |||||||
| |||||||
1 | of Child Support Services'
Public Aid's right to receive
notice | ||||||
2 | of further proceedings.
| ||||||
3 | (b) The clerk of court shall maintain records listing the | ||||||
4 | amount of
payments, the date payments are required to be made | ||||||
5 | and the names and
addresses of the parties affected by the | ||||||
6 | order. For those cases in which
support is payable to the clerk | ||||||
7 | of the circuit court for transmittal to
the Illinois Department | ||||||
8 | of Child Support Services
Public Aid by order of the court or | ||||||
9 | upon
notification of the Illinois Department of Child Support | ||||||
10 | Services
Public Aid , and the Illinois
Department of Child | ||||||
11 | Support Services
Public Aid collects support by assignment, | ||||||
12 | offset, withholding,
deduction or other process permitted by | ||||||
13 | law, the Illinois Department shall
notify the clerk of the date | ||||||
14 | and amount of such collection. Upon notification,
the clerk | ||||||
15 | shall record the collection on the payment record for the case.
| ||||||
16 | (c) The parties affected by the order shall inform the | ||||||
17 | clerk of
court of any change of address or of other condition | ||||||
18 | that may affect the
administration of the order.
| ||||||
19 | (d) The provisions of this Section shall not apply to cases | ||||||
20 | that come
under the provisions of Sections 709 through 712.
| ||||||
21 | (e) To the extent the provisions of this Section are | ||||||
22 | inconsistent with the
requirements pertaining to the State | ||||||
23 | Disbursement Unit under Section 507.1 of
this Act and Section | ||||||
24 | 10-26 of the Illinois Public Aid Code, the requirements
| ||||||
25 | pertaining to the State Disbursement Unit shall apply.
| ||||||
26 | (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99; 90-790, | ||||||
27 | eff. 8-14-98;
91-212, eff. 7-20-99; 91-357, eff. 7-29-99.)
| ||||||
28 | (750 ILCS 5/507.1)
| ||||||
29 | Sec. 507.1. Payment of Support to State Disbursement Unit.
| ||||||
30 | (a) As used in this Section:
| ||||||
31 | "Order for support", "obligor", "obligee", and "payor" | ||||||
32 | mean those terms as
defined in the Income Withholding for | ||||||
33 | Support Act, except that "order for
support" shall not mean | ||||||
34 | orders providing for spousal maintenance under which
there is | ||||||
35 | no child support obligation.
|
| |||||||
| |||||||
1 | (b) Notwithstanding any other provision of this Act to the | ||||||
2 | contrary, each
order for support entered or modified on or | ||||||
3 | after October 1, 1999 shall require
that support payments be | ||||||
4 | made to the State Disbursement Unit established under
Section | ||||||
5 | 10-26 of the Illinois Public Aid Code if:
| ||||||
6 | (1) a party to the order is receiving child support
| ||||||
7 | enforcement services
under Article X of the Illinois Public | ||||||
8 | Aid Code; or
| ||||||
9 | (2) no party to the order is receiving child support
| ||||||
10 | enforcement services,
but the support payments are made | ||||||
11 | through income withholding.
| ||||||
12 | (c) Support
payments
shall be made to the State | ||||||
13 | Disbursement Unit if:
| ||||||
14 | (1) the order for support was entered before October 1, | ||||||
15 | 1999, and a party
to the order is receiving child support | ||||||
16 | enforcement services
under Article X
of the Illinois Public | ||||||
17 | Aid Code; or
| ||||||
18 | (2) no party
to the order is receiving child support | ||||||
19 | enforcement services, and the support
payments are being | ||||||
20 | made through income withholding.
| ||||||
21 | (c-5) If no party to the order is receiving child support
| ||||||
22 | enforcement services under Article X of the Illinois Public Aid | ||||||
23 | Code, and
the support
payments are not made through income | ||||||
24 | withholding, then support payments shall
be made as directed by | ||||||
25 | the order for support.
| ||||||
26 | (c-10) At any time, and notwithstanding the existence of an | ||||||
27 | order
directing payments
to be made elsewhere, the Department | ||||||
28 | of Child Support Services
Public Aid may provide notice to the
| ||||||
29 | obligor and, where applicable, to the obligor's payor:
| ||||||
30 | (1) to make support payments to the State Disbursement | ||||||
31 | Unit if:
| ||||||
32 | (A) a party to the order for support is receiving | ||||||
33 | child support
enforcement services under Article X of | ||||||
34 | the Illinois Public Aid Code; or
| ||||||
35 | (B) no party to the order for support is receiving | ||||||
36 | child support
enforcement services under Article X of |
| |||||||
| |||||||
1 | the Illinois Public Aid Code, but the
support
payments | ||||||
2 | are
made through income withholding; or
| ||||||
3 | (2) to make support payments to the State Disbursement | ||||||
4 | Unit of another
state upon request of another state's Title | ||||||
5 | IV-D child support enforcement
agency, in accordance with | ||||||
6 | the requirements of Title IV, Part D of the Social
Security | ||||||
7 | Act and regulations promulgated under that Part D.
| ||||||
8 | The Department of Child Support Services
Public Aid shall | ||||||
9 | provide a copy of the notice to the
obligee and to the clerk of | ||||||
10 | the circuit court.
| ||||||
11 | (c-15) Within 15 days after the effective date of this | ||||||
12 | amendatory Act of the
91st General Assembly, the clerk of the | ||||||
13 | circuit court shall provide written
notice to the obligor to | ||||||
14 | make payments directly to the clerk of the circuit
court if no | ||||||
15 | party to the order is receiving child support
enforcement | ||||||
16 | services
under Article X of the Illinois Public Aid Code, the | ||||||
17 | support payments are not
made through income withholding, and | ||||||
18 | the order for support requires support
payments to be made | ||||||
19 | directly to the clerk of the circuit court. The clerk
shall | ||||||
20 | provide a copy of the notice to the obligee.
| ||||||
21 | (c-20) If the State Disbursement Unit receives a support | ||||||
22 | payment that was
not
appropriately
made to the Unit under this | ||||||
23 | Section, the Unit shall immediately return the
payment to the
| ||||||
24 | sender, including, if possible, instructions detailing where | ||||||
25 | to send the
support payment.
| ||||||
26 | (d) The notices under subsections (c-10) and
(c-15) may be | ||||||
27 | sent by ordinary mail,
certified mail, return receipt | ||||||
28 | requested, facsimile transmission, or other
electronic | ||||||
29 | process, or may be served upon the obligor or payor using any | ||||||
30 | method
provided by law for service of a summons.
| ||||||
31 | (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00; | ||||||
32 | 92-590, eff. 7-1-02.)
| ||||||
33 | (750 ILCS 5/510) (from Ch. 40, par. 510)
| ||||||
34 | Sec. 510. Modification and termination of provisions for
| ||||||
35 | maintenance, support, educational expenses, and property |
| |||||||
| |||||||
1 | disposition.
| ||||||
2 | (a) Except as otherwise provided in paragraph (f) of | ||||||
3 | Section 502 and
in subsection (b), clause (3) of Section 505.2, | ||||||
4 | the provisions of any
judgment respecting maintenance or | ||||||
5 | support may be modified only as to
installments accruing | ||||||
6 | subsequent to due notice by the moving party of the
filing of | ||||||
7 | the motion for modification. An order for child
support may be | ||||||
8 | modified as follows:
| ||||||
9 | (1) upon a showing of a substantial change in | ||||||
10 | circumstances; and
| ||||||
11 | (2) without the necessity of showing a substantial | ||||||
12 | change in
circumstances, as follows:
| ||||||
13 | (A) upon a showing of an inconsistency of at least | ||||||
14 | 20%, but no
less than $10 per month, between the amount | ||||||
15 | of the existing order and the
amount of child support | ||||||
16 | that results from application of the guidelines
| ||||||
17 | specified in Section 505 of this Act unless the | ||||||
18 | inconsistency is due to the
fact that the amount of the | ||||||
19 | existing order resulted from a deviation from the
| ||||||
20 | guideline amount and there has not been a change in the | ||||||
21 | circumstances that
resulted in that deviation; or
| ||||||
22 | (B) Upon a showing of a need to provide for the | ||||||
23 | health care needs
of the child under the order through | ||||||
24 | health insurance or other means. In no
event shall the | ||||||
25 | eligibility for or receipt of medical assistance be | ||||||
26 | considered
to meet the need to provide for the child's | ||||||
27 | health care needs.
| ||||||
28 | The provisions of subparagraph (a)(2)(A) shall apply only
| ||||||
29 | in cases in which a party is receiving child support
| ||||||
30 | enforcement services from the Illinois Department of Child | ||||||
31 | Support Services
Public Aid under
Article X of the Illinois | ||||||
32 | Public Aid Code, and only when at least 36
months have elapsed | ||||||
33 | since the order for child support was entered or last
modified.
| ||||||
34 | (a-5) An order for maintenance may be modified or | ||||||
35 | terminated only upon a
showing of a substantial change in | ||||||
36 | circumstances. In all such proceedings, as
well as in |
| |||||||
| |||||||
1 | proceedings in which maintenance is being reviewed, the court | ||||||
2 | shall
consider the applicable factors set forth in subsection | ||||||
3 | (a) of Section 504 and
the following factors:
| ||||||
4 | (1) any change in the employment status of either party | ||||||
5 | and whether the
change has been made
in good faith;
| ||||||
6 | (2) the efforts, if any, made by the party receiving | ||||||
7 | maintenance to become
self-supporting, and
the | ||||||
8 | reasonableness of the efforts where they are appropriate;
| ||||||
9 | (3) any impairment of the present and future earning | ||||||
10 | capacity of either
party;
| ||||||
11 | (4) the tax consequences of the maintenance payments | ||||||
12 | upon the respective
economic
circumstances of the parties;
| ||||||
13 | (5) the duration of the maintenance payments | ||||||
14 | previously paid (and
remaining to be paid) relative
to the | ||||||
15 | length of the marriage;
| ||||||
16 | (6) the property, including retirement benefits, | ||||||
17 | awarded to each party
under the judgment of
dissolution of | ||||||
18 | marriage, judgment of legal separation, or judgment of
| ||||||
19 | declaration of invalidity of
marriage and the present | ||||||
20 | status of the property;
| ||||||
21 | (7) the increase or decrease in each party's income | ||||||
22 | since the prior
judgment or order from which
a review, | ||||||
23 | modification, or termination is being sought;
| ||||||
24 | (8) the property acquired and currently owned by each | ||||||
25 | party after the
entry of the judgment of
dissolution of | ||||||
26 | marriage, judgment of legal separation, or judgment of
| ||||||
27 | declaration of invalidity of
marriage; and
| ||||||
28 | (9) any other factor that the court expressly finds to | ||||||
29 | be just and
equitable.
| ||||||
30 | (b) The provisions as to property disposition may not be | ||||||
31 | revoked or
modified,
unless the court finds the existence of | ||||||
32 | conditions that justify the
reopening of a judgment under the | ||||||
33 | laws of this State.
| ||||||
34 | (c) Unless otherwise agreed by the parties in a written | ||||||
35 | agreement
set forth in the judgment or otherwise approved by | ||||||
36 | the court, the obligation
to pay future maintenance is |
| |||||||
| |||||||
1 | terminated upon the death of either party, or
the remarriage of | ||||||
2 | the party receiving maintenance, or if the party
receiving | ||||||
3 | maintenance cohabits with another person on a resident,
| ||||||
4 | continuing conjugal basis.
| ||||||
5 | (d) Unless otherwise provided in this Act, or as agreed in | ||||||
6 | writing or
expressly
provided in the
judgment, provisions for | ||||||
7 | the support of a child are terminated by emancipation
of the
| ||||||
8 | child, or if the child has attained the age of 18 and is still | ||||||
9 | attending
high school,
provisions for the support of the child | ||||||
10 | are terminated upon the date that the
child
graduates from high | ||||||
11 | school or the date the child attains the age of 19,
whichever | ||||||
12 | is
earlier, but not by the death of a parent obligated to | ||||||
13 | support or educate the
child.
An existing obligation to pay for | ||||||
14 | support
or educational expenses, or both, is not terminated by | ||||||
15 | the death of a
parent. When a parent obligated to pay support | ||||||
16 | or educational
expenses, or both, dies, the amount of support | ||||||
17 | or educational expenses, or
both, may be enforced, modified, | ||||||
18 | revoked or commuted to a lump sum payment,
as equity may | ||||||
19 | require, and that determination may be provided for at the
time | ||||||
20 | of the dissolution of the marriage or thereafter.
| ||||||
21 | (e) The right to petition for support or educational | ||||||
22 | expenses, or both,
under Sections 505 and 513 is not | ||||||
23 | extinguished by the death of a parent.
Upon a petition filed | ||||||
24 | before or after a parent's death, the court may award
sums of | ||||||
25 | money out of the decedent's estate for the child's support or
| ||||||
26 | educational expenses, or both, as equity may require. The time | ||||||
27 | within
which a claim may be filed against the estate of a | ||||||
28 | decedent under Sections
505 and 513 and subsection (d) and this | ||||||
29 | subsection shall be governed by the
provisions of the Probate | ||||||
30 | Act of 1975, as a barrable, noncontingent claim.
| ||||||
31 | (f) A petition to modify or terminate child support, | ||||||
32 | custody, or
visitation shall not delay any child support | ||||||
33 | enforcement litigation or
supplementary proceeding on behalf | ||||||
34 | of the obligee, including, but not limited
to, a petition for a | ||||||
35 | rule to show cause, for non-wage garnishment, or for a
| ||||||
36 | restraining order.
|
| |||||||
| |||||||
1 | (Source: P.A. 92-289, eff. 8-9-01; 92-590, eff. 7-1-02; 92-651, | ||||||
2 | eff.
7-11-02; 92-876, eff. 6-1-03; 93-353, eff. 1-1-04.)
| ||||||
3 | (750 ILCS 5/516) (from Ch. 40, par. 516)
| ||||||
4 | Sec. 516. Public Aid collection fee. In all cases | ||||||
5 | instituted by the Department of Child Support Services or its | ||||||
6 | predecessor, the
Illinois
Department of Public Aid , on behalf | ||||||
7 | of a child or spouse, other than one
receiving a grant of | ||||||
8 | financial aid under Article IV of The Illinois Public
Aid Code, | ||||||
9 | on whose behalf an application has been made and approved for
| ||||||
10 | child support enforcement services as provided by Section 10-1 | ||||||
11 | of that
Code, the court
shall impose a collection fee on the | ||||||
12 | individual who owes a child or spouse
support obligation in an | ||||||
13 | amount equal to 10% of the amount so owed as long
as such | ||||||
14 | collection is required by federal law, which fee shall be in | ||||||
15 | addition
to the support obligation. The imposition of such fee
| ||||||
16 | shall be in accordance with provisions of Title IV, Part D, of | ||||||
17 | the Social
Security Act and regulations duly promulgated | ||||||
18 | thereunder. The fee shall
be payable to the clerk of the | ||||||
19 | circuit court for transmittal to the Illinois
Department of | ||||||
20 | Child Support Services
Public Aid and shall continue until | ||||||
21 | child support
enforcement services are
terminated
by that | ||||||
22 | Department.
| ||||||
23 | (Source: P.A. 92-590, eff. 7-1-02.)
| ||||||
24 | (750 ILCS 5/704) (from Ch. 40, par. 704)
| ||||||
25 | Sec. 704. Public Aid Provisions.) Except as provided in | ||||||
26 | Sections 709
through 712, if maintenance, child support or
| ||||||
27 | both, is awarded to persons who are recipients of aid under | ||||||
28 | "The
Illinois Public Aid Code", the court shall direct the | ||||||
29 | husband or wife,
as the case may be, to make the payments to | ||||||
30 | (1) the Illinois Department
of Child Support Services
Public | ||||||
31 | Aid if the persons are recipients under Articles III, IV or V
| ||||||
32 | of the Code, or (2) the local governmental unit responsible for | ||||||
33 | their
support if they are recipients under Article VI or VII of | ||||||
34 | the Code. The
order shall permit the Illinois Department of |
| |||||||
| |||||||
1 | Child Support Services
Public Aid or the local
governmental | ||||||
2 | unit, as the case may be, to direct that subsequent
payments be | ||||||
3 | made directly to the former spouse, the children, or both,
or | ||||||
4 | to some person or agency in their behalf, upon removal of the | ||||||
5 | former
spouse or children from the public aid rolls; and upon | ||||||
6 | such direction
and removal of the recipients from the public | ||||||
7 | aid rolls, the Illinois
Department or local governmental unit, | ||||||
8 | as the case requires, shall give
written notice of such action | ||||||
9 | to the court.
| ||||||
10 | (Source: P.A. 81-1474.)
| ||||||
11 | (750 ILCS 5/705) (from Ch. 40, par. 705)
| ||||||
12 | Sec. 705. Support payments; receiving and disbursing | ||||||
13 | agents.
| ||||||
14 | (1) The provisions of this Section shall apply, except as | ||||||
15 | provided in
Sections 709 through 712.
| ||||||
16 | (2) In a dissolution of marriage action filed in a county | ||||||
17 | of less than 3
million population in which an order or judgment | ||||||
18 | for child support is
entered, and in supplementary proceedings | ||||||
19 | in any such county to enforce
or vary the terms of such order | ||||||
20 | or judgment arising out of an action for
dissolution of | ||||||
21 | marriage filed in such county, the court, except as it
| ||||||
22 | otherwise orders, under subsection (4) of this Section, may | ||||||
23 | direct that
child support payments be made to the clerk of the | ||||||
24 | court.
| ||||||
25 | (3) In a dissolution of marriage action filed in any county | ||||||
26 | of 3
million or more population in which an order or judgment | ||||||
27 | for child
support is entered, and in supplementary proceedings | ||||||
28 | in any such county
to enforce or vary the terms of such order | ||||||
29 | or judgment arising out of an
action for dissolution of | ||||||
30 | marriage filed in such county, the court, except
as it | ||||||
31 | otherwise orders under subsection (4) of this Section, may
| ||||||
32 | direct that child support payments be made either to the clerk | ||||||
33 | of the
court or to the Court Service Division of the County | ||||||
34 | Department of
Public Aid. After the effective date of this Act, | ||||||
35 | the court, except as
it otherwise orders under subsection (4) |
| |||||||
| |||||||
1 | of this Section, may direct
that child support payments be made | ||||||
2 | either to the clerk of the court or
to the Illinois Department | ||||||
3 | of Child Support Services
Public Aid .
| ||||||
4 | (4) In a dissolution of marriage action or supplementary | ||||||
5 | proceedings
involving maintenance or child support payments, | ||||||
6 | or both, to persons who
are recipients of aid under the | ||||||
7 | Illinois Public Aid Code, the court
shall direct that such | ||||||
8 | payments be made to (a) the Illinois Department
of Child | ||||||
9 | Support Services
Public Aid if the persons are recipients under | ||||||
10 | Articles III, IV, or V
of the Code, or (b) the local | ||||||
11 | governmental unit responsible for their
support if they are | ||||||
12 | recipients under Articles VI or VII of the Code.
In accordance | ||||||
13 | with federal law and regulations, the Illinois Department of | ||||||
14 | Child Support Services
Public Aid may continue to collect | ||||||
15 | current maintenance payments or child
support payments, or | ||||||
16 | both, after those persons cease to receive public
assistance | ||||||
17 | and until termination of services under Article X of the | ||||||
18 | Illinois
Public Aid Code. The Illinois Department of Child | ||||||
19 | Support Services
Public Aid shall pay the net
amount collected | ||||||
20 | to those persons after deducting any costs incurred in making
| ||||||
21 | the collection or any collection fee from the amount of any | ||||||
22 | recovery made. The order shall permit the Illinois Department
| ||||||
23 | of Child Support Services
Public Aid or the local governmental | ||||||
24 | unit, as the case may be, to direct
that payments be made | ||||||
25 | directly to the former spouse, the
children, or both, or to | ||||||
26 | some person or agency in their behalf, upon
removal of the | ||||||
27 | former spouse or children from the public aid rolls or upon
| ||||||
28 | termination of services under Article X of the Illinois Public | ||||||
29 | Aid Code; and upon such direction, the
Illinois Department or | ||||||
30 | local governmental unit, as the case requires, shall
give | ||||||
31 | notice of such action to the court in writing or by
electronic
| ||||||
32 | transmission.
| ||||||
33 | (5) All clerks of the court and the Court Service Division | ||||||
34 | of a
County Department of Public Aid and, after the effective | ||||||
35 | date of this
Act, all clerks of the court and the Illinois
| ||||||
36 | Department of Child Support Services
Public Aid ,
receiving |
| |||||||
| |||||||
1 | child support payments under subsections (2) and (3) of this
| ||||||
2 | Section shall disburse the payments to the person or persons | ||||||
3 | entitled
thereto under the terms of the order or judgment. They | ||||||
4 | shall establish
and maintain current records of all moneys | ||||||
5 | received and disbursed and of
defaults and delinquencies in | ||||||
6 | required payments. The court, by order or
rule, shall make | ||||||
7 | provision for the carrying out of these duties.
| ||||||
8 | Upon notification in writing or by electronic transmission | ||||||
9 | from the
Illinois Department of Child Support Services
Public | ||||||
10 | Aid to the clerk of the court that
a person who is receiving | ||||||
11 | support payments under this Section is receiving
services under | ||||||
12 | the Child Support Enforcement Program established by Title IV-D
| ||||||
13 | of the Social Security Act, any support payments subsequently | ||||||
14 | received by the
clerk of the court shall be transmitted in | ||||||
15 | accordance with the instructions of
the Illinois Department of | ||||||
16 | Child Support Services
Public
Aid until the Department gives | ||||||
17 | notice to the clerk of the court to cease the
transmittal.
| ||||||
18 | After providing the notification authorized under this | ||||||
19 | paragraph, the
Illinois Department of Child Support Services
| ||||||
20 | Public Aid shall be entitled as a party to notice of any
| ||||||
21 | further proceedings in the case. The clerk of the court shall | ||||||
22 | file a copy of
the Illinois Department of Child Support | ||||||
23 | Services'
Public Aid's notification in the court file. The
| ||||||
24 | failure of the clerk to file a copy of the notification in the | ||||||
25 | court file shall
not, however, affect the Illinois Department | ||||||
26 | of Child Support Services'
Public Aid's right to receive
notice | ||||||
27 | of further proceedings.
| ||||||
28 | Payments under this Section to the Illinois Department of | ||||||
29 | Child Support Services
Public Aid
pursuant to the Child Support | ||||||
30 | Enforcement Program established by Title IV-D
of the Social | ||||||
31 | Security Act shall be paid into the Child Support Enforcement
| ||||||
32 | Trust Fund. All payments under this Section to the Illinois | ||||||
33 | Department
of Human Services shall be deposited in the DHS
| ||||||
34 | Recoveries Trust Fund. Disbursements from these funds shall be | ||||||
35 | as provided in
the Illinois Public Aid Code. Payments received | ||||||
36 | by a local governmental unit
shall be deposited in that unit's |
| |||||||
| |||||||
1 | General Assistance Fund.
Any order of court directing payment | ||||||
2 | of child support to a clerk of
court or the Court Service | ||||||
3 | Division of a County Department of Public
Aid, which order has | ||||||
4 | been entered on or after August 14, 1961, and prior
to the | ||||||
5 | effective date of this Act, may be amended by the court in line
| ||||||
6 | with this Act; and orders involving payments of maintenance or | ||||||
7 | child
support to recipients of public aid may in like manner be | ||||||
8 | amended to
conform to this Act.
| ||||||
9 | (6) No filing fee or costs will be required in any action | ||||||
10 | brought at
the request of the Department of Child Support | ||||||
11 | Services or its predecessor, the Illinois Department of Public | ||||||
12 | Aid , in any proceeding
under this Act. However, any such fees | ||||||
13 | or costs may be assessed by the
court against the respondent in | ||||||
14 | the court's order of support or any
modification thereof in a | ||||||
15 | proceeding under this Act.
| ||||||
16 | (7) For those cases in which child support is payable to | ||||||
17 | the clerk of
the circuit court for transmittal to the | ||||||
18 | Department of Child Support Services or its predecessor, the | ||||||
19 | Illinois Department of Public Aid ,
by order of court or upon | ||||||
20 | notification by the Illinois Department of Child Support | ||||||
21 | Services
Public
Aid , the clerk shall transmit all such | ||||||
22 | payments, within 4
working days of receipt, to insure that | ||||||
23 | funds are available for immediate
distribution by the | ||||||
24 | Department to the person or entity entitled thereto in
| ||||||
25 | accordance with standards of the Child Support Enforcement | ||||||
26 | Program
established under Title IV-D of the Social Security | ||||||
27 | Act. The clerk shall
notify the Department of the date of | ||||||
28 | receipt and amount thereof at the time
of transmittal. Where | ||||||
29 | the clerk has entered into an
agreement of cooperation with the | ||||||
30 | Department to record the terms of
child support orders and | ||||||
31 | payments made thereunder directly into the
Department's | ||||||
32 | automated data processing system, the clerk shall account for,
| ||||||
33 | transmit and otherwise distribute child support payments in | ||||||
34 | accordance with
such agreement in lieu of the requirements | ||||||
35 | contained herein.
| ||||||
36 | In any action filed in a county with a population of |
| |||||||
| |||||||
1 | 1,000,000 or less,
the court shall assess against the | ||||||
2 | respondent in any order of maintenance
or child support any sum | ||||||
3 | up to $36 annually authorized by ordinance of the
county board | ||||||
4 | to be collected by the clerk of the court as costs for
| ||||||
5 | administering the collection and disbursement of maintenance | ||||||
6 | and child
support payments. Such sum shall be in addition to | ||||||
7 | and separate from
amounts ordered to be paid as maintenance or | ||||||
8 | child support.
| ||||||
9 | (8) To the extent the provisions of this Section are | ||||||
10 | inconsistent with the
requirements pertaining to the State | ||||||
11 | Disbursement Unit under Section 507.1 of
this Act and Section | ||||||
12 | 10-26 of the Illinois Public Aid Code, the requirements
| ||||||
13 | pertaining to the State Disbursement Unit shall apply.
| ||||||
14 | (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 91-357, | ||||||
15 | eff. 7-29-99;
92-16, eff. 6-28-01.)
| ||||||
16 | (750 ILCS 5/709) (from Ch. 40, par. 709)
| ||||||
17 | Sec. 709. Mandatory child support payments to clerk.
| ||||||
18 | (a) As of January 1, 1982, child support orders entered in | ||||||
19 | any county
covered by this subsection shall be made pursuant to | ||||||
20 | the provisions of Sections
709 through 712 of this Act. For | ||||||
21 | purposes of these Sections, the term "child
support payment" or | ||||||
22 | "payment" shall include any payment ordered to be made
solely | ||||||
23 | for the purpose of the support of a child or children or any | ||||||
24 | payment
ordered for general support which includes any amount | ||||||
25 | for support of any child
or children.
| ||||||
26 | The provisions of Sections 709 through 712 shall be | ||||||
27 | applicable to any county
with a population of 2 million or more | ||||||
28 | and to any other county which notifies
the Supreme Court of its | ||||||
29 | desire to be included within the coverage of these
Sections and | ||||||
30 | is certified pursuant to Supreme Court Rules.
| ||||||
31 | The effective date of inclusion, however, shall be subject | ||||||
32 | to approval
of the application for reimbursement of the costs | ||||||
33 | of the support program
by the Department of Public Aid as | ||||||
34 | provided in Section 712.
| ||||||
35 | (b) In any proceeding for a dissolution of marriage, legal |
| |||||||
| |||||||
1 | separation,
or declaration of invalidity of marriage, or in any | ||||||
2 | supplementary proceedings
in which a judgment or modification | ||||||
3 | thereof for the payment of
child support is entered on or after | ||||||
4 | January 1, 1982, in any county covered
by Sections 709 through | ||||||
5 | 712, and the person entitled to payment is receiving
a grant of | ||||||
6 | financial aid under Article IV of the Illinois Public
Aid Code
| ||||||
7 | or has applied and qualified for child support enforcement | ||||||
8 | services
under Section 10-1 of
that Code, the court shall | ||||||
9 | direct: (1) that such payments be made to the
clerk of the | ||||||
10 | court and (2) that the parties affected shall each thereafter
| ||||||
11 | notify the clerk of any change of address or change in other | ||||||
12 | conditions
that may affect the administration of the order, | ||||||
13 | including the fact that a
party who was previously not on | ||||||
14 | public aid has become a recipient of public
aid, within 10 days | ||||||
15 | of such change. All notices sent to
the obligor's last known | ||||||
16 | address on file with the clerk shall be deemed
sufficient to | ||||||
17 | proceed with enforcement pursuant to the provisions of
Sections | ||||||
18 | 709 through 712.
| ||||||
19 | In all other cases, the court may direct that payments be | ||||||
20 | made to the
clerk of the court.
| ||||||
21 | (c) Except as provided in subsection (d) of this Section, | ||||||
22 | the clerk shall
disburse the payments to the person or persons | ||||||
23 | entitled thereto under the
terms of the order or judgment.
| ||||||
24 | (d) The court shall determine, prior to the entry of the | ||||||
25 | support order,
if the party who is to receive the support is | ||||||
26 | presently receiving public
aid or has a current application for | ||||||
27 | public aid pending and shall enter
the finding on the record.
| ||||||
28 | If the person entitled to payment is a recipient of aid | ||||||
29 | under the Illinois
Public Aid Code, the clerk, upon being | ||||||
30 | informed of this fact by finding of the
court, by notification | ||||||
31 | by the party entitled to payment, by the Illinois
Department of | ||||||
32 | Child Support Services
Public Aid or by the local governmental | ||||||
33 | unit, shall make all
payments to: (1) the Illinois Department | ||||||
34 | of Child Support Services
Public Aid if the person is
a | ||||||
35 | recipient under Article III, IV, or V of the Code or (2) the | ||||||
36 | local
governmental unit responsible for his or her support if |
| |||||||
| |||||||
1 | the person is a
recipient under Article VI or VII of the Code.
| ||||||
2 | In accordance with federal law and regulations, the Illinois
| ||||||
3 | Department of Child Support Services
Public Aid may continue to | ||||||
4 | collect current maintenance payments or child
support | ||||||
5 | payments, or both, after those persons cease to receive public
| ||||||
6 | assistance and until termination of services under Article X of | ||||||
7 | the Illinois
Public Aid Code. The Illinois Department of Child | ||||||
8 | Support Services
Public Aid shall pay the net
amount collected | ||||||
9 | to those persons after deducting any costs incurred in making
| ||||||
10 | the collection or any collection fee from the amount of any | ||||||
11 | recovery made. Upon termination of public aid payments to
such | ||||||
12 | a recipient or termination of services under Article X of the | ||||||
13 | Illinois
Public Aid Code, the Illinois Department of Child | ||||||
14 | Support Services
Public Aid or the appropriate
local | ||||||
15 | governmental unit shall notify the clerk in writing or by | ||||||
16 | electronic
transmission that all subsequent payments
are to be | ||||||
17 | sent directly to the person entitled thereto.
| ||||||
18 | Upon notification in writing or by electronic transmission | ||||||
19 | from the
Illinois Department of Child Support Services
Public | ||||||
20 | Aid to the clerk of the court that a person who
is receiving | ||||||
21 | support payments under this Section is receiving services under
| ||||||
22 | the Child Support Enforcement Program established by Title IV-D | ||||||
23 | of the Social
Security Act, any support payments subsequently | ||||||
24 | received by the clerk of the
court shall be transmitted in | ||||||
25 | accordance with the instructions of the Illinois
Department of | ||||||
26 | Child Support Services
Public Aid until the Department gives | ||||||
27 | notice to the clerk of the
court to cease the transmittal.
| ||||||
28 | After providing the notification authorized under this | ||||||
29 | paragraph, the
Illinois Department of Child Support Services
| ||||||
30 | Public Aid shall be entitled as a party to notice of any
| ||||||
31 | further proceedings in the case. The clerk of the court shall | ||||||
32 | file a copy of
the Illinois Department of Child Support | ||||||
33 | Services'
Public Aid's notification in the court file. The
| ||||||
34 | failure of the clerk to file a copy of the notification in the | ||||||
35 | court file shall
not, however, affect the Illinois Department | ||||||
36 | of Child Support Services'
Public Aid's right to receive
notice |
| |||||||
| |||||||
1 | of further proceedings.
| ||||||
2 | Payments under this Section to the Illinois Department of | ||||||
3 | Child Support Services
Public Aid
pursuant to the Child Support | ||||||
4 | Enforcement Program established by Title IV-D
of the Social | ||||||
5 | Security Act shall be paid into the Child Support Enforcement
| ||||||
6 | Trust Fund. All payments under this Section to the Illinois
| ||||||
7 | Department of Human Services shall be deposited in the
DHS | ||||||
8 | Recoveries Trust Fund. Disbursements from these
funds shall be | ||||||
9 | as provided in the Illinois Public Aid Code. Payments received
| ||||||
10 | by a local governmental unit shall be deposited in that unit's | ||||||
11 | General
Assistance Fund.
| ||||||
12 | (e) Any order or judgment may be amended by the court, upon
| ||||||
13 | its own motion or upon the motion of either party, to conform | ||||||
14 | with the
provisions of Sections 709 through 712, either as to | ||||||
15 | the requirement
of making payments to the clerk or, where | ||||||
16 | payments are already being made
to the clerk, as to the | ||||||
17 | statutory fees provided for under Section 711.
| ||||||
18 | (f) The clerk may invest in any interest bearing account or | ||||||
19 | in any
securities, monies collected for the benefit of a payee, | ||||||
20 | where such payee
cannot be found; however, the investment may | ||||||
21 | be only for the period until
the clerk is able to locate and | ||||||
22 | present the payee with such monies. The
clerk may invest in any | ||||||
23 | interest bearing account, or in any securities,
monies | ||||||
24 | collected for the benefit of any other payee; however, this | ||||||
25 | does not
alter the clerk's obligation to make payments to the | ||||||
26 | payee in a timely manner.
Any interest or capital gains accrued | ||||||
27 | shall be for the benefit of the county
and shall be paid into | ||||||
28 | the special fund established in subsection (b) of
Section 711.
| ||||||
29 | (g) The clerk shall establish and maintain a payment record | ||||||
30 | of all
monies received and disbursed and such record shall | ||||||
31 | constitute prima facie
evidence of such payment and | ||||||
32 | non-payment, as the case may be.
| ||||||
33 | (h) For those cases in which child support is payable to | ||||||
34 | the clerk of
the circuit court for transmittal to the Illinois
| ||||||
35 | Department of Child Support Services
Public Aid
by order of | ||||||
36 | court or upon notification by the Illinois Department of Child |
| |||||||
| |||||||
1 | Support Services
Public
Aid , the clerk shall transmit all such | ||||||
2 | payments, within 4
working days of receipt, to insure that | ||||||
3 | funds are available for immediate
distribution by the | ||||||
4 | Department to the person or entity entitled thereto in
| ||||||
5 | accordance with standards of the Child Support Enforcement | ||||||
6 | Program
established under Title IV-D of the Social Security | ||||||
7 | Act. The clerk shall
notify the Department of the date of | ||||||
8 | receipt and amount thereof at the time
of transmittal. Where | ||||||
9 | the clerk has entered into an agreement of
cooperation with the | ||||||
10 | Department to record the terms of child support orders
and | ||||||
11 | payments made thereunder directly into the Department's | ||||||
12 | automated data
processing system, the clerk shall account for, | ||||||
13 | transmit and otherwise
distribute child support payments in | ||||||
14 | accordance with such agreement in lieu
of the requirements | ||||||
15 | contained herein.
| ||||||
16 | (i) To the extent the provisions of this Section are | ||||||
17 | inconsistent with
the requirements pertaining to the State | ||||||
18 | Disbursement Unit under Section 507.1
of this Act and Section | ||||||
19 | 10-26 of the Illinois Public Aid Code, the requirements
| ||||||
20 | pertaining to the State Disbursement Unit shall apply.
| ||||||
21 | (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 92-16, | ||||||
22 | eff.
6-28-01; 92-590, eff. 7-1-02.)
| ||||||
23 | (750 ILCS 5/712) (from Ch. 40, par. 712)
| ||||||
24 | Sec. 712. (a) The Supreme Court may make Rules concerning | ||||||
25 | the
certification of counties for inclusion in the child | ||||||
26 | support enforcement
program and the application of the | ||||||
27 | procedures created by Sections 709
through 712 in the various | ||||||
28 | counties.
| ||||||
29 | The Supreme Court shall inform each circuit court and clerk | ||||||
30 | of the court
of the availability of the program to reimburse | ||||||
31 | counties desiring to
participate in the program of enforcement | ||||||
32 | of child support payments.
| ||||||
33 | The Supreme Court shall also distribute to each circuit | ||||||
34 | court and clerk
of the court any materials prepared by the | ||||||
35 | Child and Spouse Support Unit
comparing child support |
| |||||||
| |||||||
1 | enforcement in counties included and not included in
this | ||||||
2 | program.
| ||||||
3 | (b) The Illinois Department of Child Support Services
| ||||||
4 | Public Aid , through the Child and Spouse
Support Unit provided | ||||||
5 | for by Section 10-3.1 of The Illinois Public Aid
Code, shall | ||||||
6 | have general supervision of the child support programs created
| ||||||
7 | by Sections 709 through 712 and shall have the powers and | ||||||
8 | duties provided
in this Section, including the following:
| ||||||
9 | (1) to make advance payments to any county included in the | ||||||
10 | program
for expenses in preparing programs to enforce payment | ||||||
11 | of child support
to the clerk from appropriations made for such | ||||||
12 | purposes by the General
Assembly;
| ||||||
13 | (2) to make payments to each covered county to pay for its
| ||||||
14 | reasonable expenses actually necessary to maintain a | ||||||
15 | continuing program
not paid for by fees, penalties, or other | ||||||
16 | monies; provided that, with
respect to that portion of the | ||||||
17 | program on behalf of dependent children
included in a grant of | ||||||
18 | financial aid under Article IV of The Illinois
Public Aid Code | ||||||
19 | the Unit shall pay only such expenses as is its current
| ||||||
20 | practice or as it may deem appropriate; provided further that | ||||||
21 | the Unit
shall only pay expenses of the entire program subject | ||||||
22 | to the availability of
federal monies to pay the majority of | ||||||
23 | expenses of the entire child support
enforcement program; | ||||||
24 | provided further that the Unit or Department may set
standards | ||||||
25 | relating to enforcement which have to be met by any county | ||||||
26 | seeking
to enter a contract with the Department for | ||||||
27 | reimbursement of expenses of the
entire enforcement program | ||||||
28 | prior to an application for reimbursement being
approved and | ||||||
29 | the contract granted; and provided further that such
standards | ||||||
30 | may relate to, but are not limited to the following factors:
| ||||||
31 | maintenance of the payment record, the definition of | ||||||
32 | delinquency; the
period of time in which a delinquency must be | ||||||
33 | determined, the payor
notified, the remittance received, the | ||||||
34 | referral to the state's attorney
made, and the payment remitted | ||||||
35 | by the clerk to the payee or other party
entitled to the | ||||||
36 | payment; the conditions under which referral will not
be made |
| |||||||
| |||||||
1 | to the state's attorney; and the definitions and procedures for
| ||||||
2 | other matters necessary for the conduct and operation of the | ||||||
3 | program;
| ||||||
4 | (3) to monitor the various local programs for enforcement | ||||||
5 | of
child support payments to the clerk;
| ||||||
6 | (4) to act to encourage enforcement whenever local | ||||||
7 | enforcement
procedures are inadequate;
| ||||||
8 | (5) to receive monies from any source for assistance in | ||||||
9 | enforcement
of child support; and
| ||||||
10 | (6) to assist any county desirous of assistance in | ||||||
11 | establishing and
maintaining a child support enforcement | ||||||
12 | program.
| ||||||
13 | (c) Any county may apply for financial assistance to the | ||||||
14 | Unit to
initiate or maintain a program of child support | ||||||
15 | enforcement. Every county
which desires such assistance shall | ||||||
16 | apply according to procedures
established by the Unit. In its | ||||||
17 | application, it shall state the following:
financial needs, | ||||||
18 | personnel requirements, anticipated caseloads, any
amounts | ||||||
19 | collected or anticipated in fees or penalties, and any other
| ||||||
20 | information required by the Unit.
| ||||||
21 | (d) In the case that any advance money is given to any | ||||||
22 | county under this
Section to initiate an enforcement system, | ||||||
23 | the county shall reimburse the
state within 2 years from the | ||||||
24 | date such monies are given to it. The Unit
may establish an | ||||||
25 | appropriate schedule of reimbursement for any county.
| ||||||
26 | (e) In the event of the unavailability of federal monies to | ||||||
27 | pay for the
greater part of the costs to a county of the child | ||||||
28 | support enforcement
program under Sections 709 through 712 and | ||||||
29 | the resulting cessation of state
participation, the operation | ||||||
30 | of the child support enforcement program under
Sections 709 | ||||||
31 | through 712 shall terminate. The date and the method of
| ||||||
32 | termination shall be determined by Supreme Court Rule.
| ||||||
33 | (Source: P.A. 84-1395.)
| ||||||
34 | Section 1000. The Non-Support Punishment Act is amended by | ||||||
35 | changing Sections 7, 20, 25, 30, 35, and 60 as follows:
|
| |||||||
| |||||||
1 | (750 ILCS 16/7)
| ||||||
2 | Sec. 7. Prosecutions by Attorney General. In addition to | ||||||
3 | enforcement
proceedings by the several State's Attorneys, a | ||||||
4 | proceeding for the enforcement
of this Act may be instituted | ||||||
5 | and prosecuted by the Attorney General in cases
referred by the | ||||||
6 | Illinois Department of Child Support Services
Public Aid
| ||||||
7 | involving persons receiving
child support enforcement services | ||||||
8 | under Article X of the
Illinois Public Aid
Code. Before | ||||||
9 | referring a case to the Attorney General for enforcement under
| ||||||
10 | this Act, the Department of Child Support Services
Public Aid
| ||||||
11 | shall notify the person receiving child
support enforcement | ||||||
12 | services under Article X of the Illinois
Public Aid Code of
the | ||||||
13 | Department's intent to refer the case to the Attorney General | ||||||
14 | under this
Section for prosecution.
| ||||||
15 | (Source: P.A. 91-613, eff. 10-1-99; 92-590, eff. 7-1-02.)
| ||||||
16 | (750 ILCS 16/20)
| ||||||
17 | Sec. 20. Entry of order for support; income withholding.
| ||||||
18 | (a) In a case in which no court or administrative order for | ||||||
19 | support is in
effect against the defendant:
| ||||||
20 | (1) at any time before the trial, upon motion of the | ||||||
21 | State's Attorney, or
of the Attorney General if the action | ||||||
22 | has been instituted by his office, and
upon notice to the | ||||||
23 | defendant, or at the time of arraignment or as a condition
| ||||||
24 | of postponement of arraignment, the court may enter such | ||||||
25 | temporary order for
support as may seem just, providing for | ||||||
26 | the support or maintenance of the
spouse or child or | ||||||
27 | children of the defendant, or both, pendente lite; or
| ||||||
28 | (2) before trial with the consent of the defendant, or | ||||||
29 | at the trial on
entry of a plea of guilty, or after | ||||||
30 | conviction, instead of imposing the penalty
provided in | ||||||
31 | this Act, or in addition thereto, the court may enter an | ||||||
32 | order for
support, subject to modification by the court | ||||||
33 | from time to time as
circumstances may require, directing | ||||||
34 | the defendant to pay a certain sum for
maintenance of the |
| |||||||
| |||||||
1 | spouse, or for support of the child or children, or both.
| ||||||
2 | (b) The court shall determine the amount of child support | ||||||
3 | by using the
guidelines and standards set forth in subsection | ||||||
4 | (a) of Section 505 and in
Section 505.2 of the Illinois | ||||||
5 | Marriage and Dissolution of Marriage Act.
| ||||||
6 | If (i) the non-custodial parent was properly served with a | ||||||
7 | request for
discovery of financial information relating to the | ||||||
8 | non-custodial parent's
ability to provide child support, (ii) | ||||||
9 | the non-custodial parent failed to
comply with the request, | ||||||
10 | despite having been ordered to do so by the court,
and (iii) | ||||||
11 | the non-custodial parent is not present at the hearing to | ||||||
12 | determine
support despite having received proper notice, then | ||||||
13 | any relevant financial
information concerning the | ||||||
14 | non-custodial parent's ability to provide support
that was | ||||||
15 | obtained pursuant to subpoena and proper notice shall be | ||||||
16 | admitted
into evidence without the need to establish any | ||||||
17 | further foundation for its
admission.
| ||||||
18 | (c) The court shall determine the amount of maintenance | ||||||
19 | using the standards
set forth in Section 504 of the Illinois | ||||||
20 | Marriage and Dissolution of Marriage
Act.
| ||||||
21 | (d) The court may, for violation of any order under this | ||||||
22 | Section, punish the
offender as for a contempt of court, but no | ||||||
23 | pendente lite order shall remain in
effect longer than 4 | ||||||
24 | months, or after the discharge of any panel of jurors
summoned | ||||||
25 | for service thereafter in such court, whichever is sooner.
| ||||||
26 | (e) Any order for support entered by the court under this | ||||||
27 | Section shall be
deemed to be a series of judgments against the | ||||||
28 | person obligated to pay support
under the judgments, each such | ||||||
29 | judgment to be in the amount of each payment or
installment of | ||||||
30 | support and each judgment to be deemed entered as of the date
| ||||||
31 | the corresponding payment or installment becomes due under the | ||||||
32 | terms of the
support order. Each judgment shall have the full | ||||||
33 | force, effect, and attributes
of any other judgment of this | ||||||
34 | State, including the ability to be enforced.
Each judgment is | ||||||
35 | subject to modification or termination only in accordance with
| ||||||
36 | Section 510 of the Illinois Marriage and Dissolution of |
| |||||||
| |||||||
1 | Marriage Act. A lien
arises by operation of law against the | ||||||
2 | real and personal property of the
noncustodial parent for each | ||||||
3 | installment of overdue support owed by the
noncustodial parent.
| ||||||
4 | (f) An order for support entered under this Section shall | ||||||
5 | include a
provision requiring the obligor to report to the | ||||||
6 | obligee and to the clerk of
the court within 10 days each time | ||||||
7 | the obligor obtains new employment, and each
time the obligor's | ||||||
8 | employment is terminated for any reason. The report shall
be in | ||||||
9 | writing and shall, in the case of new employment, include the | ||||||
10 | name and
address of the new employer.
| ||||||
11 | Failure to report new employment or the termination of | ||||||
12 | current employment,
if coupled with nonpayment of support for a | ||||||
13 | period in excess of 60 days, is
indirect criminal contempt. For | ||||||
14 | any obligor arrested for failure to report new
employment, bond | ||||||
15 | shall be set in the amount of the child support that should
| ||||||
16 | have been paid during the period of unreported
employment.
| ||||||
17 | An order for support entered under this Section shall also | ||||||
18 | include a
provision requiring the obligor and obligee parents | ||||||
19 | to advise each other of a
change in residence within 5 days of | ||||||
20 | the change except when the court finds
that the physical, | ||||||
21 | mental, or emotional health of a party or of a minor child,
or | ||||||
22 | both, would be seriously endangered by disclosure of the | ||||||
23 | party's address.
| ||||||
24 | (g) An order for support entered or modified in a case in | ||||||
25 | which a party is
receiving child support enforcement services | ||||||
26 | under Article X of the Illinois
Public Aid Code shall include a | ||||||
27 | provision requiring the noncustodial parent to
notify the | ||||||
28 | Illinois Department of Child Support Services
Public Aid , | ||||||
29 | within 7 days, of the name and
address of any new employer of | ||||||
30 | the noncustodial parent, whether the
noncustodial parent has | ||||||
31 | access to health insurance coverage through the
employer or | ||||||
32 | other group coverage and, if so, the policy name and number
and | ||||||
33 | the names of persons covered under the policy.
| ||||||
34 | (h) In any subsequent action to enforce an order for | ||||||
35 | support entered under
this Act, upon sufficient showing that | ||||||
36 | diligent effort has been made to
ascertain the location of the |
| |||||||
| |||||||
1 | noncustodial parent, service of process or
provision of notice | ||||||
2 | necessary in that action may be made at the last known
address | ||||||
3 | of the noncustodial parent, in any manner expressly provided by | ||||||
4 | the
Code of Civil Procedure or in this Act, which service shall | ||||||
5 | be sufficient for
purposes of due process.
| ||||||
6 | (i) An order for support shall include a date on which the | ||||||
7 | current support
obligation terminates. The termination date | ||||||
8 | shall be no earlier than the date
on which the child covered by | ||||||
9 | the order will attain the age of 18. However, if
the child will | ||||||
10 | not graduate from high school until after attaining the age of
| ||||||
11 | 18, then the termination date shall be no earlier than the | ||||||
12 | earlier of the date
on which the child's high school graduation | ||||||
13 | will occur or the date on which the
child will attain the age | ||||||
14 | of 19. The order for support shall state that the
termination | ||||||
15 | date does not apply to any arrearage that may remain unpaid on | ||||||
16 | that
date. Nothing in this subsection shall be construed to | ||||||
17 | prevent the court from
modifying the order or terminating the | ||||||
18 | order in the event the child is
otherwise emancipated.
| ||||||
19 | (i-5) If there is an unpaid arrearage or delinquency (as | ||||||
20 | those terms are defined in the Income Withholding for Support | ||||||
21 | Act) equal to at least one month's support obligation on the | ||||||
22 | termination date stated in the order for support or, if there | ||||||
23 | is no termination date stated in the order, on the date the | ||||||
24 | child attains the age of majority or is otherwise emancipated, | ||||||
25 | the periodic amount required to be paid for current support of | ||||||
26 | that child immediately prior to that date shall automatically | ||||||
27 | continue to be an obligation, not as current support but as | ||||||
28 | periodic payment toward satisfaction of the unpaid arrearage or | ||||||
29 | delinquency. That periodic payment shall be in addition to any | ||||||
30 | periodic payment previously required for satisfaction of the | ||||||
31 | arrearage or delinquency. The total periodic amount to be paid | ||||||
32 | toward satisfaction of the arrearage or delinquency may be | ||||||
33 | enforced and collected by any method provided by law for | ||||||
34 | enforcement and collection of child support, including but not | ||||||
35 | limited to income withholding under the Income Withholding for | ||||||
36 | Support Act. Each order for support entered or modified on or |
| |||||||
| |||||||
1 | after the effective date of this amendatory Act of the 93rd | ||||||
2 | General Assembly must contain a statement notifying the parties | ||||||
3 | of the requirements of this subsection. Failure to include the | ||||||
4 | statement in the order for support does not affect the validity | ||||||
5 | of the order or the operation of the provisions of this | ||||||
6 | subsection with regard to the order. This subsection shall not | ||||||
7 | be construed to prevent or affect the establishment or | ||||||
8 | modification of an order for support of a minor child or the | ||||||
9 | establishment or modification of an order for support of a | ||||||
10 | non-minor child or educational expenses under Section 513 of | ||||||
11 | the Illinois Marriage and Dissolution of Marriage Act.
| ||||||
12 | (j) A support obligation, or any portion of a support | ||||||
13 | obligation, which
becomes due and remains unpaid for 30 days or | ||||||
14 | more shall accrue simple interest
at the rate of 9% per annum.
| ||||||
15 | An order for support entered or modified on or after January 1, | ||||||
16 | 2002 shall
contain a statement that a support obligation | ||||||
17 | required under the order, or any
portion of a support | ||||||
18 | obligation required under the order, that becomes due and
| ||||||
19 | remains unpaid for 30 days or more shall accrue simple interest | ||||||
20 | at the rate of
9% per annum. Failure to include the statement | ||||||
21 | in the order for support does
not affect the validity of the | ||||||
22 | order or the accrual of interest as provided in
this Section.
| ||||||
23 | (Source: P.A. 92-374, eff. 8-15-01; 92-590, eff. 7-1-02; | ||||||
24 | 92-876, eff. 6-1-03; 93-1061, eff. 1-1-05.)
| ||||||
25 | (750 ILCS 16/25)
| ||||||
26 | Sec. 25. Payment of support to State Disbursement Unit; | ||||||
27 | clerk of the
court.
| ||||||
28 | (a) As used in this Section, "order for support", | ||||||
29 | "obligor", "obligee", and
"payor" mean those terms as defined | ||||||
30 | in the Income Withholding for Support Act.
| ||||||
31 | (b) Each order for support entered or modified under | ||||||
32 | Section 20 of this Act
shall require that support payments be | ||||||
33 | made to the State Disbursement Unit
established under the | ||||||
34 | Illinois Public Aid Code, under the following
circumstances:
| ||||||
35 | (1) when a party to the order is receiving child |
| |||||||
| |||||||
1 | support
enforcement services under Article X of the | ||||||
2 | Illinois Public Aid Code; or
| ||||||
3 | (2) when no party to the order is receiving child | ||||||
4 | support
enforcement services, but the support payments are | ||||||
5 | made through income
withholding.
| ||||||
6 | (c) When no party to the order is receiving child support
| ||||||
7 | enforcement services, and
payments are not being made through | ||||||
8 | income withholding, the court shall order
the
obligor to make | ||||||
9 | support payments to the clerk of the court.
| ||||||
10 | (d) At any time, and notwithstanding the existence of an | ||||||
11 | order
directing payments
to be made elsewhere, the Department | ||||||
12 | of Child Support Services
Public Aid may provide notice to the
| ||||||
13 | obligor and, where applicable, to the obligor's payor:
| ||||||
14 | (1) to make support payments to the State Disbursement | ||||||
15 | Unit if:
| ||||||
16 | (A) a party to the order for support is receiving | ||||||
17 | child support
enforcement services under Article X of | ||||||
18 | the Illinois Public Aid Code; or
| ||||||
19 | (B) no party to the order for support is receiving | ||||||
20 | child support
enforcement services under Article X of | ||||||
21 | the Illinois Public Aid Code, but the
support payments | ||||||
22 | are
made through income withholding; or
| ||||||
23 | (2) to make support payments to the State Disbursement | ||||||
24 | Unit of another
state upon request of another state's Title | ||||||
25 | IV-D child support enforcement
agency, in accordance with | ||||||
26 | the requirements of Title IV, Part D of the Social
Security | ||||||
27 | Act and regulations promulgated under that Part D.
| ||||||
28 | The Department of Child Support Services
Public Aid shall | ||||||
29 | provide a copy of the notice to the
obligee
and to the clerk of | ||||||
30 | the circuit court.
| ||||||
31 | (e) If a State Disbursement Unit as specified by federal | ||||||
32 | law has not been
created in Illinois upon the effective date of | ||||||
33 | this Act, then, until the
creation of a State Disbursement Unit | ||||||
34 | as specified by federal law, the
following provisions regarding | ||||||
35 | payment and disbursement of support payments
shall control and | ||||||
36 | the provisions in subsections (a), (b), (c), and (d) shall be
|
| |||||||
| |||||||
1 | inoperative. Upon the creation of a State Disbursement Unit as | ||||||
2 | specified by
federal law, the payment and disbursement | ||||||
3 | provisions of subsections (a),
(b), (c), and (d) shall control, | ||||||
4 | and this subsection (e) shall be inoperative
to the extent that | ||||||
5 | it conflicts with those subsections.
| ||||||
6 | (1) In cases in which an order for support is entered | ||||||
7 | under Section 20 of
this Act, the court shall order that | ||||||
8 | maintenance and support payments be made
to the clerk of | ||||||
9 | the court for remittance to the person or agency entitled | ||||||
10 | to
receive the payments. However, the court in its | ||||||
11 | discretion may direct
otherwise where exceptional | ||||||
12 | circumstances so warrant.
| ||||||
13 | (2) The court shall direct that support payments be | ||||||
14 | sent by the clerk to
(i) the Illinois Department of Child | ||||||
15 | Support Services
Public Aid if the person in whose behalf
| ||||||
16 | payments are made is receiving aid under Articles III, IV, | ||||||
17 | or V of the Illinois
Public Aid Code, or child support | ||||||
18 | enforcement services under
Article X of the
Code, or (ii) | ||||||
19 | to the local governmental unit responsible for the support | ||||||
20 | of the
person if he or she is a recipient under Article VI | ||||||
21 | of the Code. In accordance
with federal law and | ||||||
22 | regulations, the Illinois Department of Child Support | ||||||
23 | Services
Public Aid may
continue to collect current | ||||||
24 | maintenance payments or child support payments, or
both, | ||||||
25 | after those persons cease to receive public assistance and | ||||||
26 | until
termination of services under Article X of the | ||||||
27 | Illinois Public Aid Code. The
Illinois Department shall pay | ||||||
28 | the net
amount collected to those persons after deducting | ||||||
29 | any costs incurred in making
the collection or any | ||||||
30 | collection fee from the amount of any recovery made. The
| ||||||
31 | order shall permit the Illinois Department of Child Support | ||||||
32 | Services
Public Aid or the local
governmental unit, as the | ||||||
33 | case may be, to direct that support payments be made
| ||||||
34 | directly to the spouse, children, or both, or to some | ||||||
35 | person or agency in their
behalf, upon removal of the | ||||||
36 | spouse or children from the public aid rolls or
upon |
| |||||||
| |||||||
1 | termination of services under Article X of the Illinois | ||||||
2 | Public Aid Code;
and upon such direction, the Illinois
| ||||||
3 | Department or the local governmental
unit, as the case | ||||||
4 | requires, shall give notice of such action to the court in
| ||||||
5 | writing or by electronic transmission.
| ||||||
6 | (3) The clerk of the court shall establish and maintain | ||||||
7 | current records of
all moneys received and disbursed and of | ||||||
8 | delinquencies and defaults in required
payments. The | ||||||
9 | court, by order or rule, shall make provision for the | ||||||
10 | carrying
out of these duties.
| ||||||
11 | (4) Upon notification in writing or by electronic | ||||||
12 | transmission from the
Illinois Department of Child Support | ||||||
13 | Services
Public Aid to the clerk of the court that a person | ||||||
14 | who
is receiving support payments under this Section is | ||||||
15 | receiving services under
the Child Support Enforcement | ||||||
16 | Program established by Title IV-D of the Social
Security | ||||||
17 | Act, any support payments subsequently received by the | ||||||
18 | clerk of the
court shall be transmitted in accordance with | ||||||
19 | the instructions of the Illinois
Department of Child | ||||||
20 | Support Services
Public Aid until the Department gives | ||||||
21 | notice to cease the
transmittal. After providing the | ||||||
22 | notification authorized under this paragraph,
the Illinois
| ||||||
23 | Department of Child Support Services
Public Aid shall be a | ||||||
24 | party and entitled to notice
of any further proceedings in | ||||||
25 | the case. The clerk of the court shall file a
copy of the
| ||||||
26 | Illinois Department of Child Support Services'
Public | ||||||
27 | Aid's notification in the court file. The
failure of the | ||||||
28 | clerk to file a copy of the notification in the court file | ||||||
29 | shall
not, however, affect the Illinois Department of Child | ||||||
30 | Support Services'
Public Aid's rights as a party
or its | ||||||
31 | right to receive notice of further proceedings.
| ||||||
32 | (5) Payments under this Section to the Illinois
| ||||||
33 | Department of Child Support Services
Public Aid
pursuant to | ||||||
34 | the Child Support Enforcement Program established by Title | ||||||
35 | IV-D of
the Social Security Act shall be paid into the | ||||||
36 | Child Support Enforcement Trust
Fund. All other payments |
| |||||||
| |||||||
1 | under this Section to the Illinois Department of
Public Aid | ||||||
2 | shall be deposited in the Public Assistance Recoveries | ||||||
3 | Trust Fund.
Disbursements from these funds shall be as | ||||||
4 | provided in the Illinois Public Aid
Code. Payments received | ||||||
5 | by a local governmental unit shall be deposited in
that | ||||||
6 | unit's General Assistance Fund.
| ||||||
7 | (6) For those cases in which child support is payable | ||||||
8 | to the clerk of the
circuit court for transmittal to the | ||||||
9 | Illinois Department of Child Support Services
Public Aid by | ||||||
10 | order
of
court or upon notification by the Illinois
| ||||||
11 | Department of Child Support Services
Public Aid , the clerk
| ||||||
12 | shall
transmit all such payments, within 4 working days of | ||||||
13 | receipt, to insure that
funds
are available for immediate | ||||||
14 | distribution by the Department to the person or
entity
| ||||||
15 | entitled thereto in accordance with standards of the Child | ||||||
16 | Support Enforcement
Program established under Title IV-D | ||||||
17 | of the Social Security Act. The clerk
shall
notify the | ||||||
18 | Department of the date of receipt and amount thereof at the | ||||||
19 | time of
transmittal. Where the clerk has entered into an | ||||||
20 | agreement of cooperation with
the Department to record the | ||||||
21 | terms of child support orders and payments made
thereunder | ||||||
22 | directly into the Department's automated data processing | ||||||
23 | system, the
clerk shall account for, transmit and otherwise | ||||||
24 | distribute child support
payments
in accordance with such | ||||||
25 | agreement in lieu of the requirements contained
herein.
| ||||||
26 | (Source: P.A. 91-613, eff. 10-1-99; 92-590, eff. 7-1-02.)
| ||||||
27 | (750 ILCS 16/30)
| ||||||
28 | Sec. 30. Information to State Case Registry.
| ||||||
29 | (a) In this Section:
| ||||||
30 | "Order for support", "obligor", "obligee", and "business | ||||||
31 | day" are defined as
set forth in the
Income Withholding for | ||||||
32 | Support Act.
| ||||||
33 | "State Case Registry" means the State Case Registry | ||||||
34 | established under Section
10-27 of the Illinois Public Aid | ||||||
35 | Code.
|
| |||||||
| |||||||
1 | (b) Each order for support entered or modified by the | ||||||
2 | circuit court under
this Act shall require that the obligor and | ||||||
3 | obligee (i) file with the clerk of
the
circuit court the | ||||||
4 | information required by this Section (and any other
information | ||||||
5 | required under Title IV, Part D of the Social Security Act or | ||||||
6 | by
the
federal Department of Health and Human Services) at the | ||||||
7 | time of
entry or modification of the order for support and (ii) | ||||||
8 | file updated
information with the clerk within 5 business days | ||||||
9 | of any change.
Failure of the obligor or obligee to file or | ||||||
10 | update the required information
shall be
punishable as in cases | ||||||
11 | of contempt. The failure shall not prevent the court
from | ||||||
12 | entering
or modifying the order for support, however.
| ||||||
13 | (c) The obligor shall file the following information: the | ||||||
14 | obligor's name,
date of birth, social security number, and | ||||||
15 | mailing address.
| ||||||
16 | If either the obligor or the obligee receives child support | ||||||
17 | enforcement
services from the Illinois Department
of Child | ||||||
18 | Support Services
Public Aid
under Article X of the Illinois | ||||||
19 | Public Aid Code, the obligor
shall also file the following | ||||||
20 | information: the obligor's telephone number,
driver's license | ||||||
21 | number, and residential address (if different from the
| ||||||
22 | obligor's mailing address), and the name, address, and | ||||||
23 | telephone number of the
obligor's employer or employers.
| ||||||
24 | (d) The obligee shall file the following information:
| ||||||
25 | (1) The names of the obligee and the child or children | ||||||
26 | covered by the
order for support.
| ||||||
27 | (2) The dates of birth of the obligee and the child or | ||||||
28 | children covered by
the order for support.
| ||||||
29 | (3) The social security numbers of the obligee and the | ||||||
30 | child or children
covered by the order for support.
| ||||||
31 | (4) The obligee's mailing address.
| ||||||
32 | (e) In cases in which the obligee receives child support | ||||||
33 | enforcement
services from the Illinois Department
of Child | ||||||
34 | Support Services
Public Aid
under Article X of the Illinois | ||||||
35 | Public
Aid Code, the order for support shall (i) require that | ||||||
36 | the obligee file the
information required under subsection (d) |
| |||||||
| |||||||
1 | with the Illinois Department of Child Support Services
Public | ||||||
2 | Aid for inclusion in the State Case Registry, rather
than file | ||||||
3 | the information with the clerk, and (ii) require that the | ||||||
4 | obligee
include the following additional information:
| ||||||
5 | (1) The obligee's telephone and driver's license | ||||||
6 | numbers.
| ||||||
7 | (2) The obligee's residential address, if different | ||||||
8 | from the obligee's
mailing address.
| ||||||
9 | (3) The name, address, and telephone number of the | ||||||
10 | obligee's employer or
employers.
| ||||||
11 | The order for support shall also require that the obligee | ||||||
12 | update
the information filed with the Illinois Department of | ||||||
13 | Child Support Services
Public Aid within 5
business days of any | ||||||
14 | change.
| ||||||
15 | (f) The clerk shall provide the information filed under | ||||||
16 | this Section,
together with the court docket number and county | ||||||
17 | in which the order for support
was entered, to the State Case | ||||||
18 | Registry within 5 business days after receipt of
the | ||||||
19 | information.
| ||||||
20 | (g) In a case in which a party is receiving child support | ||||||
21 | enforcement
services under Article X of the Illinois Public Aid | ||||||
22 | Code, the clerk shall
provide the following additional | ||||||
23 | information to the State Case Registry within
5 business days | ||||||
24 | after entry or modification of an order for support or request
| ||||||
25 | from the Illinois Department of Child Support Services
Public | ||||||
26 | Aid :
| ||||||
27 | (1) The amount of monthly or other periodic support | ||||||
28 | owed under the order
for support and other amounts, | ||||||
29 | including arrearage, interest, or late payment
penalties | ||||||
30 | and fees, due or overdue under the order.
| ||||||
31 | (2) Any such amounts that have been received by the | ||||||
32 | clerk, and the
distribution of those amounts by the clerk.
| ||||||
33 | (h) Information filed by the obligor and obligee under this | ||||||
34 | Section that is
not specifically required to be included in the | ||||||
35 | body of an order for support
under other laws is not a public | ||||||
36 | record and shall be treated as
confidential and subject to |
| |||||||
| |||||||
1 | disclosure only in accordance with the provisions
of this | ||||||
2 | Section, Section 10-27 of the Illinois Public Aid Code, and | ||||||
3 | Title IV,
Part D of the Social Security Act.
| ||||||
4 | (Source: P.A. 91-613, eff. 10-1-99; 92-463, eff. 8-22-01.)
| ||||||
5 | (750 ILCS 16/35)
| ||||||
6 | Sec. 35. Fine; release of defendant on probation; violation | ||||||
7 | of order for
support;
forfeiture of recognizance.
| ||||||
8 | (a) Whenever a fine is imposed it may be directed by the | ||||||
9 | court to be paid,
in
whole or in part, to the spouse, | ||||||
10 | ex-spouse, or if the support of a child or
children is
| ||||||
11 | involved, to the custodial parent, to the clerk, probation | ||||||
12 | officer, or to the
Illinois
Department of Child Support | ||||||
13 | Services
Public Aid if a recipient of child support
enforcement | ||||||
14 | services
under Article X of the Illinois Public Aid Code is | ||||||
15 | involved as the case
requires, to be
disbursed by such
officers | ||||||
16 | or agency under the terms of the order.
| ||||||
17 | (b) The court may also relieve the defendant from custody | ||||||
18 | on probation for
the
period fixed in the order or judgment upon | ||||||
19 | his or her entering into a
recognizance, with
or without | ||||||
20 | surety, in the sum as the court orders and approves. The | ||||||
21 | condition
of the
recognizance shall be such that if the | ||||||
22 | defendant makes his or her personal
appearance in
court | ||||||
23 | whenever ordered to do so by the court, during such period as | ||||||
24 | may be so
fixed, and
further complies with the terms of the | ||||||
25 | order for support, or any subsequent
modification
of the order, | ||||||
26 | then the recognizance shall be void; otherwise it will remain | ||||||
27 | in
full force and
effect.
| ||||||
28 | (c) If the court is satisfied by testimony in open court, | ||||||
29 | that at any time
during the
period of one year the defendant | ||||||
30 | has violated the terms of the order for
support, it may
proceed | ||||||
31 | with the trial of the defendant under the original charge, or | ||||||
32 | sentence
him or her under the original conviction, or enforce | ||||||
33 | the suspended sentence, as
the case
may be. In case of | ||||||
34 | forfeiture of recognizance, and enforcement of recognizance
by
| ||||||
35 | execution, the sum so recovered may, in the discretion of the |
| |||||||
| |||||||
1 | court, be paid,
in whole or
in part, to the spouse, ex-spouse, | ||||||
2 | or if the support of a child or children is
involved, to the
| ||||||
3 | custodial parent, to the clerk, or to the Illinois Department | ||||||
4 | of Child Support Services
Public Aid if
a recipient of
child | ||||||
5 | support enforcement services under Article X of the
Illinois | ||||||
6 | Public Aid Code is
involved as the case requires, to be | ||||||
7 | disbursed by the clerk or the Department
under the
terms of the | ||||||
8 | order.
| ||||||
9 | (Source: P.A. 91-613, eff. 10-1-99; 92-590, eff. 7-1-02.)
| ||||||
10 | (750 ILCS 16/60)
| ||||||
11 | Sec. 60. Unemployed persons owing duty of support.
| ||||||
12 | (a) Whenever it is determined in a proceeding to establish | ||||||
13 | or enforce a
child support or maintenance obligation that the | ||||||
14 | person owing a duty of support
is unemployed, the court may | ||||||
15 | order the person to seek employment and report
periodically to | ||||||
16 | the court with a diary, listing or other memorandum of his or
| ||||||
17 | her efforts in accordance with such order. Additionally, the | ||||||
18 | court may order
the unemployed person to report to the | ||||||
19 | Department of Employment Security for
job search services or to | ||||||
20 | make application with the local Job
Training Partnership Act | ||||||
21 | provider for participation in job search, training,
or work | ||||||
22 | programs and where the duty of support is owed to a child | ||||||
23 | receiving
child support enforcement services under Article X of | ||||||
24 | the Illinois
Public Aid Code the court may
order the unemployed | ||||||
25 | person to report to the Illinois Department of Child Support | ||||||
26 | Services
Public Aid
for participation in job search, training, | ||||||
27 | or work programs established under
Section 9-6 and Article IXA | ||||||
28 | of that Code.
| ||||||
29 | (b) Whenever it is determined that a person owes past due | ||||||
30 | support for a
child or for a child and the parent with whom the | ||||||
31 | child is living, and the
child is receiving assistance under | ||||||
32 | the Illinois Public Aid Code, the court
shall order at the | ||||||
33 | request of the Illinois Department of Child Support Services
| ||||||
34 | Public Aid :
| ||||||
35 | (1) that the person pay the past-due support in |
| |||||||
| |||||||
1 | accordance with a plan
approved by the court; or
| ||||||
2 | (2) if the person owing past-due support is unemployed, | ||||||
3 | is subject to such
a plan, and is not incapacitated, that | ||||||
4 | the person participate in such job
search, training, or | ||||||
5 | work programs established under Section 9-6 and Article
IXA | ||||||
6 | of the Illinois Public Aid Code as the court deems | ||||||
7 | appropriate.
| ||||||
8 | (Source: P.A. 91-613, eff. 10-1-99; 92-16, eff. 6-28-01; | ||||||
9 | 92-590, eff. 7-1-02.)
| ||||||
10 | Section 1005. The Uniform Interstate Family Support Act is | ||||||
11 | amended by changing Sections 103, 310, and 320 as follows:
| ||||||
12 | (750 ILCS 22/103) (was 750 ILCS 22/102)
| ||||||
13 | (Text of Section before amendment by P.A. 93-479 )
| ||||||
14 | Sec. 103. Remedies cumulative. Remedies provided by this | ||||||
15 | Act are
cumulative and do not affect the availability of | ||||||
16 | remedies under other law.
| ||||||
17 | (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96 | ||||||
18 | by P.A.
88-691 .)
| ||||||
19 | (Text of Section after amendment by P.A. 93-479; for | ||||||
20 | operative date see
Section 99 of P.A. 93-479 )
| ||||||
21 | Sec. 103. Tribunal of State. The circuit court is a | ||||||
22 | tribunal of this
State. The Illinois Department of Child | ||||||
23 | Support Services
Public Aid is an initiating tribunal. The
| ||||||
24 | Illinois Department of Child Support Services
Public Aid is | ||||||
25 | also a responding tribunal of this State
to the extent that it | ||||||
26 | can administratively establish paternity and establish,
| ||||||
27 | modify, and enforce an administrative child-support order | ||||||
28 | under authority of
Article X of the Illinois Public Aid Code.
| ||||||
29 | (Source: P.A. 93-479, eff. 1-1-04;
for operative date see | ||||||
30 | Section 99 of P.A. 93-479.)
| ||||||
31 | (750 ILCS 22/310)
| ||||||
32 | (Text of Section before amendment by P.A. 93-479 )
|
| |||||||
| |||||||
1 | Sec. 310. Duties of the Illinois Department of Public Aid.
| ||||||
2 | (a) The Illinois Department of Public Aid is the state | ||||||
3 | information agency
under this Act.
| ||||||
4 | (b) The state information agency shall:
| ||||||
5 | (1) compile and maintain a current list, including | ||||||
6 | addresses, of the
tribunals in this State which have | ||||||
7 | jurisdiction under this Act and any support
enforcement | ||||||
8 | agencies in this State and transmit a copy to the state
| ||||||
9 | information agency of every other state;
| ||||||
10 | (2) maintain a register of tribunals and support | ||||||
11 | enforcement
agencies received from other states;
| ||||||
12 | (3) forward to the appropriate tribunal in the place in | ||||||
13 | this State
in which the individual obligee or the obligor | ||||||
14 | resides, or in which the
obligor's property is believed to | ||||||
15 | be located, all documents concerning a
proceeding under | ||||||
16 | this Act received from an initiating tribunal or the state
| ||||||
17 | information agency of the initiating state; and
| ||||||
18 | (4) obtain information concerning the location of the | ||||||
19 | obligor and the
obligor's property within this State not | ||||||
20 | exempt from execution, by such means
as postal verification | ||||||
21 | and federal or state locator services, examination of
| ||||||
22 | telephone directories, requests for the obligor's address | ||||||
23 | from employers, and
examination of governmental records, | ||||||
24 | including, to the extent not prohibited by
other law, those | ||||||
25 | relating to real property, vital statistics, law | ||||||
26 | enforcement,
taxation, motor vehicles, driver's licenses, | ||||||
27 | and social security.
| ||||||
28 | (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96 | ||||||
29 | by P.A.
88-691 .)
| ||||||
30 | (Text of Section after amendment by P.A. 93-479; for | ||||||
31 | operative date see
Section 99 of P.A. 93-479 )
| ||||||
32 | Sec. 310. Duties of the Illinois Department of Child | ||||||
33 | Support Services
Public Aid .
| ||||||
34 | (a) The Illinois Department of Child Support Services
| ||||||
35 | Public Aid is the state information agency
under this Act.
|
| |||||||
| |||||||
1 | (b) The state information agency shall:
| ||||||
2 | (1) compile and maintain a current list, including | ||||||
3 | addresses, of the
tribunals in this State which have | ||||||
4 | jurisdiction under this Act and any
support enforcement | ||||||
5 | agencies in this State and transmit a copy to the state
| ||||||
6 | information agency of every other state;
| ||||||
7 | (2) maintain a register of names and addresses of | ||||||
8 | tribunals and
support enforcement agencies received from | ||||||
9 | other states;
| ||||||
10 | (3) forward to the appropriate tribunal in the county | ||||||
11 | in this State in
which the obligee who is an individual or | ||||||
12 | the obligor resides, or in which
the obligor's property is | ||||||
13 | believed to be located, all documents concerning a
| ||||||
14 | proceeding under this Act received from an initiating | ||||||
15 | tribunal or the state
information agency of the initiating | ||||||
16 | state; and
| ||||||
17 | (4) obtain information concerning the location of the | ||||||
18 | obligor and the
obligor's property within this State not | ||||||
19 | exempt from execution, by such means
as postal verification | ||||||
20 | and federal or state locator services, examination of
| ||||||
21 | telephone directories, requests for the obligor's address | ||||||
22 | from employers, and
examination of governmental records, | ||||||
23 | including, to the extent not prohibited by
other law, those | ||||||
24 | relating to real property, vital statistics, law | ||||||
25 | enforcement,
taxation, motor vehicles, driver's licenses, | ||||||
26 | and social security.
| ||||||
27 | (c) The Illinois Department of Child Support Services
| ||||||
28 | Public Aid may determine that a foreign
country or political | ||||||
29 | subdivision has established a reciprocal arrangement for
child | ||||||
30 | support with Illinois and take appropriate action for | ||||||
31 | notification of
this determination.
| ||||||
32 | (Source: P.A. 93-479, eff. 1-1-04;
for operative date see | ||||||
33 | Section 99 of P.A. 93-479.)
| ||||||
34 | (750 ILCS 22/320)
| ||||||
35 | Sec. 320. Payment of Support to State Disbursement Unit.
|
| |||||||
| |||||||
1 | (a) As used in this Section:
| ||||||
2 | "Order for support", "obligor", "obligee", and "payor" | ||||||
3 | mean those terms as
defined in the Income Withholding for | ||||||
4 | Support Act,
except that "order for
support" means an order | ||||||
5 | entered by any tribunal of this State but shall not
mean orders | ||||||
6 | providing for spousal maintenance under which
there is no child | ||||||
7 | support obligation.
| ||||||
8 | (b) Notwithstanding any other provision of this Act to the | ||||||
9 | contrary, each
order
for
support entered or modified on or | ||||||
10 | after October 1, 1999 shall require that
support
payments be | ||||||
11 | made to the State Disbursement Unit established under Section | ||||||
12 | 10-26
of the
Illinois Public Aid Code if:
| ||||||
13 | (1) a party to the order is receiving child support
| ||||||
14 | enforcement services
under Article X of the Illinois Public | ||||||
15 | Aid Code; or
| ||||||
16 | (2) no party to the order is receiving child support
| ||||||
17 | enforcement services,
but
the support payments are made | ||||||
18 | through income withholding.
| ||||||
19 | (c) Support payments shall be made to the State
| ||||||
20 | Disbursement Unit if:
| ||||||
21 | (1) the order for support was entered before October 1, | ||||||
22 | 1999, and a party
to the order is receiving child support | ||||||
23 | enforcement services
under Article X
of the Illinois Public | ||||||
24 | Aid Code; or
| ||||||
25 | (2) no party to the order is receiving child support | ||||||
26 | enforcement services, and the support payments
are being | ||||||
27 | made through income withholding.
| ||||||
28 | (c-5) If no party to the order is receiving child support
| ||||||
29 | enforcement services under Article X of the Illinois Public Aid | ||||||
30 | Code, and
the support
payments are not made through income | ||||||
31 | withholding, then support payments shall
be made as directed by | ||||||
32 | the order for support.
| ||||||
33 | (c-10) At any time, and notwithstanding the existence of an | ||||||
34 | order
directing payments
to be made elsewhere, the Department | ||||||
35 | of Child Support Services
Public Aid may provide notice to the
| ||||||
36 | obligor and, where applicable, to the obligor's payor:
|
| |||||||
| |||||||
1 | (1) to make support payments to the State Disbursement | ||||||
2 | Unit if:
| ||||||
3 | (A) a party to the order for support is receiving | ||||||
4 | child support
enforcement services under Article X of | ||||||
5 | the Illinois Public Aid Code; or
| ||||||
6 | (B) no party to the order for support is receiving | ||||||
7 | child support
enforcement services under Article X of | ||||||
8 | the Illinois Public Aid Code, but the
support payments | ||||||
9 | are
made through income withholding; or
| ||||||
10 | (2) to make support payments to the State Disbursement | ||||||
11 | Unit of another
state upon request of another state's Title | ||||||
12 | IV-D child support enforcement
agency, in accordance with | ||||||
13 | the requirements of Title IV, Part D of the Social
Security | ||||||
14 | Act and regulations promulgated under that Part D.
| ||||||
15 | The Department of Child Support Services
Public Aid shall | ||||||
16 | provide a copy of the notice to the
obligee
and to the clerk of | ||||||
17 | the circuit court.
| ||||||
18 | (c-15) Within 15 days after the effective date of this | ||||||
19 | amendatory Act of the
91st General
Assembly, the clerk of the | ||||||
20 | circuit court shall provide written notice to the
obligor to
| ||||||
21 | make payments
directly to the clerk of the circuit court if no | ||||||
22 | party to the order is
receiving child
support enforcement | ||||||
23 | services under Article X of the Illinois Public Aid
Code, the | ||||||
24 | support
payments are not made through income withholding, and | ||||||
25 | the order for
support requires support payments to be made | ||||||
26 | directly to the clerk of the
circuit court. The clerk shall | ||||||
27 | provide a copy of the notice to the
obligee.
| ||||||
28 | (c-20) If the State Disbursement Unit receives a support | ||||||
29 | payment that was
not
appropriately
made to the Unit under this | ||||||
30 | Section, the Unit shall immediately return the
payment to the | ||||||
31 | sender, including, if possible, instructions detailing where | ||||||
32 | to
send the support payments.
| ||||||
33 | (d) The notices under subsections (c-10) and
(c-15) may be | ||||||
34 | sent by ordinary mail,
certified mail, return receipt | ||||||
35 | requested, facsimile transmission, or other
electronic | ||||||
36 | process, or may be served upon the obligor or payor using any |
| |||||||
| |||||||
1 | method
provided by law for service of a summons.
| ||||||
2 | (Source: P.A. 91-677, eff. 1-5-00; 92-590, eff. 7-1-02.)
| ||||||
3 | Section 1010. The Unified Child Support Services Act is | ||||||
4 | amended by changing Section 5 as follows:
| ||||||
5 | (750 ILCS 24/5)
| ||||||
6 | Sec. 5. Definitions. In this Act:
| ||||||
7 | "Child support services" mean any services provided with | ||||||
8 | respect to parentage
establishment, support establishment, | ||||||
9 | medical support establishment, support
modification, or | ||||||
10 | support enforcement.
| ||||||
11 | "Child support specialist" means a paralegal, attorney, or | ||||||
12 | other staff
member with specialized training in child support | ||||||
13 | services.
| ||||||
14 | "Current child support case" means a case that is pending | ||||||
15 | in the IV-D Child
Support Program for which any action is being | ||||||
16 | taken by a Unified Child Support
Services Program.
| ||||||
17 | "Department" means the Illinois Department of Child | ||||||
18 | Support Services
Public Aid .
| ||||||
19 | "IV-D Child Support Program" means the child support | ||||||
20 | enforcement program
established pursuant to Title IV, Part D of | ||||||
21 | the federal Social Security Act and
Article X of the Illinois | ||||||
22 | Public Aid Code.
| ||||||
23 | "KIDS" means the Key Information Delivery System that | ||||||
24 | includes a statewide
database of all cases in the IV-D Child | ||||||
25 | Support Program.
| ||||||
26 | "Medicaid" means the medical assistance program under | ||||||
27 | Article V of the
Illinois Public Aid Code.
| ||||||
28 | "Obligor" and "obligee" mean those terms as defined in the | ||||||
29 | Income Withholding
for Support Act.
| ||||||
30 | "Plan" means a plan for a Unified Child Support Services | ||||||
31 | Program.
| ||||||
32 | "Program" means the Unified Child Support Services Program | ||||||
33 | in a county or
group of counties.
| ||||||
34 | "State Disbursement Unit" means the State Disbursement |
| |||||||
| |||||||
1 | Unit established under
Section 10-26 of the Illinois Public Aid | ||||||
2 | Code.
| ||||||
3 | "State's Attorney" means the duly elected State's Attorney | ||||||
4 | of an Illinois
county or
2 or more State's Attorneys who have | ||||||
5 | formed a consortium for purposes of
managing a
Unified Child | ||||||
6 | Support Services Program within a specific region of the State.
| ||||||
7 | "Temporary Assistance for Needy Families" means the | ||||||
8 | Temporary Assistance for
Needy Families (TANF) program under | ||||||
9 | Article IV of the Illinois Public Aid Code.
| ||||||
10 | (Source: P.A. 92-876, eff. 6-1-03.)
| ||||||
11 | Section 1015. The Expedited Child Support Act of 1990 is | ||||||
12 | amended by changing Sections 3 and 6 as follows:
| ||||||
13 | (750 ILCS 25/3) (from Ch. 40, par. 2703)
| ||||||
14 | Sec. 3. Definitions. For the purposes of this Act, the | ||||||
15 | following
terms shall have the following meaning:
| ||||||
16 | (a) "Administrative Hearing Officer" shall mean the person | ||||||
17 | employed by
the Chief Judge of the Circuit Court of each county | ||||||
18 | establishing an
Expedited Child Support System for the purpose | ||||||
19 | of hearing child support and
parentage matters and making | ||||||
20 | recommendations.
| ||||||
21 | (b) "Administrative expenses" shall mean, but not be | ||||||
22 | limited to, the
costs of personnel, travel, equipment, | ||||||
23 | telecommunications, postage, space,
contractual services, and | ||||||
24 | other related costs necessary to implement the
provisions of | ||||||
25 | this Act.
| ||||||
26 | (c) "Arrearage" shall mean the total amount of unpaid child | ||||||
27 | support
obligations.
| ||||||
28 | (d) "Department" shall mean the Illinois Department of | ||||||
29 | Child Support Services
Public Aid .
| ||||||
30 | (e) "Expedited child support hearing" shall mean
a hearing | ||||||
31 | before an Administrative Hearing Officer
pursuant to this Act.
| ||||||
32 | (f) "Federal time frames" shall mean the time frames | ||||||
33 | established for the
IV-D program in regulations promulgated by
| ||||||
34 | the United States Department of Health and Human Services, |
| |||||||
| |||||||
1 | Office of Child
Support Enforcement, (codified at 45 C.F.R. | ||||||
2 | 303), for the disposition of
parentage and child support cases | ||||||
3 | and shall, for purposes of this Act,
apply to all parentage and | ||||||
4 | child support matters, whether IV-D or non-IV-D.
| ||||||
5 | (g) "System" shall mean the procedures and personnel | ||||||
6 | created by this Act
for the expedited establishment, | ||||||
7 | modification, and enforcement of child
support orders, and for | ||||||
8 | the expedited establishment of parentage.
| ||||||
9 | (h) "IV-D program" shall mean the Child Support Enforcement | ||||||
10 | Program
established pursuant to Title IV, Part D of the Social | ||||||
11 | Security Act, (42
U.S.C. 651 et seq.) as administered by the | ||||||
12 | Illinois Department of Public Aid.
| ||||||
13 | (i) "Medical support" shall mean support provided pursuant | ||||||
14 | to Section
505.2 of the Illinois Marriage and Dissolution of | ||||||
15 | Marriage Act.
| ||||||
16 | (j) "Obligee" shall mean the individual to whom a duty of | ||||||
17 | support is owed
or that individual's legal representative.
| ||||||
18 | (k) "Obligor" shall mean the individual who owes a duty to | ||||||
19 | make payments
under an order of support.
| ||||||
20 | (l) "Plan" shall mean the plan submitted by the Chief Judge | ||||||
21 | of a
Judicial Circuit to the Supreme Court for the creation of | ||||||
22 | an Expedited
Child Support System in such circuit pursuant to | ||||||
23 | this Act.
| ||||||
24 | (m) "Pre-hearing motions" shall mean all motions, the | ||||||
25 | disposition of
which requires a court order, except motions for | ||||||
26 | the ultimate relief
requested in the petition to commence the | ||||||
27 | action.
| ||||||
28 | (n) "Recommendations" shall mean the Administrative | ||||||
29 | Hearing Officer's
proposed findings of fact, recommended | ||||||
30 | orders and any other recommendations
made by the Administrative | ||||||
31 | Hearing Officer.
| ||||||
32 | (Source: P.A. 86-1401.)
| ||||||
33 | (750 ILCS 25/6) (from Ch. 40, par. 2706)
| ||||||
34 | Sec. 6. Authority of hearing officers.
| ||||||
35 | (a) With the exception of
judicial functions exclusively |
| |||||||
| |||||||
1 | retained by the court in Section 8 of this
Act and in | ||||||
2 | accordance with Supreme Court rules promulgated pursuant to | ||||||
3 | this
Act, Administrative Hearing Officers shall be authorized | ||||||
4 | to:
| ||||||
5 | (1) Accept voluntary agreements reached by the parties | ||||||
6 | setting the amount
of child support to be paid and medical | ||||||
7 | support liability and recommend the
entry of orders | ||||||
8 | incorporating such agreements.
| ||||||
9 | (2) Accept voluntary acknowledgments of parentage and | ||||||
10 | recommend entry
of an order establishing parentage based on | ||||||
11 | such acknowledgement. Prior to
accepting such | ||||||
12 | acknowledgment, the Administrative Hearing Officer shall
| ||||||
13 | advise the putative father of his rights and obligations in | ||||||
14 | accordance with
Supreme Court rules promulgated pursuant | ||||||
15 | to this Act.
| ||||||
16 | (3) Manage all stages of discovery, including
setting | ||||||
17 | deadlines by which discovery must be completed; and | ||||||
18 | directing
the parties to submit to appropriate tests | ||||||
19 | pursuant to Section 11 of the
Illinois Parentage Act of | ||||||
20 | 1984.
| ||||||
21 | (4) Cause notices to be issued requiring the Obligor to | ||||||
22 | appear either
before the Administrative Hearing Officer or | ||||||
23 | in court.
| ||||||
24 | (5) Administer the oath or affirmation and take | ||||||
25 | testimony under oath
or affirmation.
| ||||||
26 | (6) Analyze the evidence and prepare written | ||||||
27 | recommendations based on
such evidence, including but not | ||||||
28 | limited to: (i) proposed findings as to
the amount of the | ||||||
29 | Obligor's income; (ii) proposed findings as to the amount
| ||||||
30 | and nature of appropriate deductions from the Obligor's | ||||||
31 | income to determine
the Obligor's net income; (iii) | ||||||
32 | proposed findings as to the existence of
relevant factors | ||||||
33 | as set forth in subsection (a)(2) of Section 505 of the
| ||||||
34 | Illinois Marriage and Dissolution of Marriage Act, which | ||||||
35 | justify setting
child support payment levels above or below | ||||||
36 | the guidelines; (iv)
recommended orders for temporary |
| |||||||
| |||||||
1 | child support; (v) recommended orders
setting the amount of | ||||||
2 | current child support to be paid; (vi) proposed
findings as | ||||||
3 | to the existence and amount of any arrearages; (vii)
| ||||||
4 | recommended orders reducing any arrearages to judgement | ||||||
5 | and for the payment
of amounts towards such arrearages; | ||||||
6 | (viii) proposed findings as to whether
there has been a | ||||||
7 | substantial change of circumstances since the entry of the
| ||||||
8 | last child support order, or other circumstances | ||||||
9 | justifying a modification
of the child support order; and | ||||||
10 | (ix) proposed findings as to whether the
Obligor is | ||||||
11 | employed.
| ||||||
12 | (7) With respect to any unemployed Obligor who is not | ||||||
13 | making child
support payments or is otherwise unable to | ||||||
14 | provide support, recommend that
the Obligor be ordered to | ||||||
15 | seek employment and report periodically of
his or her | ||||||
16 | efforts in accordance with such order. Additionally, the
| ||||||
17 | Administrative Hearing Officer may recommend that the | ||||||
18 | Obligor be ordered to
report to the Department of | ||||||
19 | Employment Security for job search services or
to make | ||||||
20 | application with the local Job Training Partnership Act
| ||||||
21 | provider for participation in job search, training or work | ||||||
22 | programs and, where
the duty of support is owed to a child | ||||||
23 | receiving child support
enforcement services under
Article | ||||||
24 | X of the Illinois Public Aid Code, the Administrative | ||||||
25 | Hearing
Officer may recommend that the Obligor be ordered | ||||||
26 | to report to the Illinois
Department of Child Support | ||||||
27 | Services
Public Aid for participation in the job search, | ||||||
28 | training or
work programs established under Section 9-6 of | ||||||
29 | the Public Aid Code.
| ||||||
30 | (8) Recommend the registration of any foreign support | ||||||
31 | judgments or orders
as the judgments or orders of Illinois.
| ||||||
32 | (b) In any case in which the Obligee is not participating | ||||||
33 | in the IV-D
program or has not applied to participate in the | ||||||
34 | IV-D program, the
Administrative Hearing Officer shall:
| ||||||
35 | (1) inform the Obligee of the existence of the IV-D | ||||||
36 | program and provide
applications on request; and
|
| |||||||
| |||||||
1 | (2) inform the Obligee and the Obligor of the option of | ||||||
2 | requesting
payment to be made through the Clerk of the | ||||||
3 | Circuit Court.
| ||||||
4 | If a request for payment through the Clerk is made, the | ||||||
5 | Administrative
Hearing Officer shall note this fact in the | ||||||
6 | recommendations to the court.
| ||||||
7 | (c) The Administrative Hearing Officer may make | ||||||
8 | recommendations in
addition to the proposed findings of fact | ||||||
9 | and recommended order to which
the parties have agreed.
| ||||||
10 | (Source: P.A. 92-16, eff. 6-28-01; 92-590, eff. 7-1-02.)
| ||||||
11 | Section 1020. The Income Withholding for Support Act is | ||||||
12 | amended by changing Sections 15, 22, and 45 as follows:
| ||||||
13 | (750 ILCS 28/15)
| ||||||
14 | Sec. 15. Definitions.
| ||||||
15 | (a) "Order for support" means any order of the court
which | ||||||
16 | provides for periodic payment of funds for the support of a | ||||||
17 | child
or maintenance of a spouse, whether temporary or final, | ||||||
18 | and includes any
such order which provides for:
| ||||||
19 | (1) modification or resumption of, or payment of | ||||||
20 | arrearage accrued under,
a previously existing order;
| ||||||
21 | (2) reimbursement of support;
| ||||||
22 | (3) payment or reimbursement of the expenses of | ||||||
23 | pregnancy and delivery
(for orders for support entered | ||||||
24 | under the Illinois Parentage Act of 1984 or its
predecessor | ||||||
25 | the Paternity Act); or
| ||||||
26 | (4) enrollment in a health insurance plan that is | ||||||
27 | available to the
obligor through an employer or labor union | ||||||
28 | or trade union.
| ||||||
29 | (b) "Arrearage" means the total amount of unpaid support | ||||||
30 | obligations
as determined by the court and incorporated into an | ||||||
31 | order for support.
| ||||||
32 | (b-5) "Business day" means a day on which State offices are | ||||||
33 | open for
regular business.
| ||||||
34 | (c) "Delinquency" means any payment under an order for |
| |||||||
| |||||||
1 | support
which
becomes due and remains unpaid after entry of the | ||||||
2 | order for
support.
| ||||||
3 | (d) "Income" means any form of periodic payment to an | ||||||
4 | individual,
regardless of source, including, but not limited | ||||||
5 | to: wages, salary,
commission, compensation as an independent | ||||||
6 | contractor, workers'
compensation, disability, annuity, | ||||||
7 | pension, and retirement benefits,
lottery prize
awards, | ||||||
8 | insurance proceeds, vacation pay, bonuses, profit-sharing | ||||||
9 | payments,
interest,
and any other payments, made by any person, | ||||||
10 | private entity, federal or
state government, any unit of local | ||||||
11 | government, school district or any
entity created by Public | ||||||
12 | Act; however, "income" excludes:
| ||||||
13 | (1) any amounts required by law to be withheld, other | ||||||
14 | than creditor
claims, including, but not limited to, | ||||||
15 | federal, State and local taxes,
Social Security and other | ||||||
16 | retirement and disability contributions;
| ||||||
17 | (2) union dues;
| ||||||
18 | (3) any amounts exempted by the federal Consumer Credit | ||||||
19 | Protection Act;
| ||||||
20 | (4) public assistance payments; and
| ||||||
21 | (5) unemployment insurance benefits except as provided | ||||||
22 | by law.
| ||||||
23 | Any other State or local laws which limit or exempt income | ||||||
24 | or the amount
or percentage of income that can be withheld | ||||||
25 | shall not apply.
| ||||||
26 | (e) "Obligor" means the individual who owes a duty to make | ||||||
27 | payments under an
order for support.
| ||||||
28 | (f) "Obligee" means the individual to whom a duty of | ||||||
29 | support is owed or
the individual's legal representative.
| ||||||
30 | (g) "Payor" means any payor of income to an obligor.
| ||||||
31 | (h) "Public office" means any elected official or any State | ||||||
32 | or local agency
which is or may become responsible by law for | ||||||
33 | enforcement of, or which
is or may become authorized to | ||||||
34 | enforce, an order for support, including,
but not limited to: | ||||||
35 | the Attorney General, the Illinois Department of Child Support | ||||||
36 | Services
Public
Aid , the Illinois Department of Human Services,
|
| |||||||
| |||||||
1 | the Illinois Department of Children and Family Services, and | ||||||
2 | the various
State's Attorneys, Clerks of the Circuit Court and | ||||||
3 | supervisors of general
assistance.
| ||||||
4 | (i) "Premium" means the dollar amount for which the obligor | ||||||
5 | is liable
to his employer or labor union or trade union and | ||||||
6 | which must be paid to enroll
or maintain a child in a health | ||||||
7 | insurance plan that is available to the obligor
through an | ||||||
8 | employer or labor union or trade union.
| ||||||
9 | (j) "State Disbursement Unit" means the unit established to | ||||||
10 | collect and
disburse support payments in accordance with the | ||||||
11 | provisions of Section 10-26 of
the Illinois Public Aid Code.
| ||||||
12 | (k) "Title IV-D Agency" means the agency of this State | ||||||
13 | charged by law with
the duty to administer the child support | ||||||
14 | enforcement program established under
Title IV, Part D of the | ||||||
15 | Social Security Act and Article X of the Illinois
Public Aid | ||||||
16 | Code.
| ||||||
17 | (l) "Title IV-D case" means a case in which an obligee or | ||||||
18 | obligor is
receiving child support enforcement services under | ||||||
19 | Title IV, Part D of the
Social Security Act and Article X of | ||||||
20 | the Illinois Public Aid Code.
| ||||||
21 | (m) "National Medical Support Notice" means the notice | ||||||
22 | required for
enforcement of orders for support providing for | ||||||
23 | health insurance coverage of a
child under Title IV, Part D of | ||||||
24 | the Social Security Act, the Employee
Retirement Income | ||||||
25 | Security Act of 1974, and federal regulations promulgated
under | ||||||
26 | those Acts.
| ||||||
27 | (n) "Employer" means a payor or labor union or trade union | ||||||
28 | with an employee
group health insurance plan and, for purposes | ||||||
29 | of the National Medical Support
Notice, also includes but is | ||||||
30 | not limited to:
| ||||||
31 | (1) any State or local governmental agency with a group | ||||||
32 | health
plan; and
| ||||||
33 | (2) any payor with a group health plan or "church plan" | ||||||
34 | covered
under the Employee Retirement Income Security Act | ||||||
35 | of 1974.
| ||||||
36 | (Source: P.A. 91-357, eff. 7-29-99; 92-590, eff. 7-1-02.)
|
| |||||||
| |||||||
1 | (750 ILCS 28/22)
| ||||||
2 | Sec. 22. Use of National Medical Support Notice to enforce | ||||||
3 | health
insurance coverage.
| ||||||
4 | (a) Notwithstanding the provisions of subdivision (c)(4) | ||||||
5 | of Section 20, when
an order for support is being enforced by | ||||||
6 | the Title IV-D Agency under this Act,
any requirement for | ||||||
7 | health insurance coverage to be provided through an
employer, | ||||||
8 | including withholding of premiums from the income of the | ||||||
9 | obligor,
shall be enforced through use of a National Medical | ||||||
10 | Support Notice instead
of through provisions in an income | ||||||
11 | withholding notice.
| ||||||
12 | (b) A National Medical Support Notice may be served on the | ||||||
13 | employer in the
manner and under the circumstances provided for | ||||||
14 | serving an income withholding
notice under this Act, except | ||||||
15 | that an order for support that conditions service
of an income | ||||||
16 | withholding notice on the obligor becoming delinquent in paying
| ||||||
17 | the order for support, as provided under subdivision (a)(1) of | ||||||
18 | Section 20,
shall not prevent immediate service of a National | ||||||
19 | Medical Support Notice by the
Title IV-D Agency. The Title IV-D | ||||||
20 | Agency may serve a National Medical Support
Notice on an | ||||||
21 | employer in conjunction with service of an income withholding
| ||||||
22 | notice. Service of an income withholding notice is not a | ||||||
23 | condition for service
of a National Medical Support Notice, | ||||||
24 | however.
| ||||||
25 | (c) At the time of service of a National Medical Support | ||||||
26 | Notice on the
employer, the Title IV-D Agency shall
serve
a | ||||||
27 | copy of the Notice on the obligor by ordinary mail
addressed to | ||||||
28 | the obligor's last known address. The Title IV-D Agency shall | ||||||
29 | file
a copy of the National Medical Support Notice, together | ||||||
30 | with proofs of service
on the employer and the obligor, with | ||||||
31 | the clerk of the circuit court.
| ||||||
32 | (d) Within 20 business days after the date of a National | ||||||
33 | Medical Support
Notice, an employer served with the Notice | ||||||
34 | shall
transfer
the severable notice to plan administrator to | ||||||
35 | the appropriate group health plan
providing any health |
| |||||||
| |||||||
1 | insurance coverage for which the child is eligible.
As
required | ||||||
2 | in the part of the National Medical Support Notice directed to | ||||||
3 | the
employer, the employer shall withhold any employee premium | ||||||
4 | necessary for
coverage of the child and shall send any amount
| ||||||
5 | withheld directly to the plan. The employer shall commence the | ||||||
6 | withholding no
later than the next payment of income that | ||||||
7 | occurs 14 days following the date
the National Medical Support | ||||||
8 | Notice was mailed, sent by facsimile or other
electronic means, | ||||||
9 | or placed for personal delivery to or service on the
employer.
| ||||||
10 | Notwithstanding the requirement to withhold premiums from | ||||||
11 | the
obligor's income, if the plan administrator informs the | ||||||
12 | employer that the child
is enrolled in an option under the plan | ||||||
13 | for which the employer has determined
that the obligor's | ||||||
14 | premium exceeds the amount that may be withheld from the
| ||||||
15 | obligor's income due to the withholding limitation or | ||||||
16 | prioritization contained
in Section 35 of this Act, the | ||||||
17 | employer shall complete the appropriate item in
the part of
the | ||||||
18 | National
Medical Support Notice directed to the employer | ||||||
19 | according to the instructions
in the Notice and shall return | ||||||
20 | that part to the Title IV-D Agency.
| ||||||
21 | (e) If one of the following circumstances exists, an | ||||||
22 | employer served with a
National Medical Support Notice shall | ||||||
23 | complete the part of the
Notice directed to the employer in | ||||||
24 | accordance with the instructions in
the Notice and shall return | ||||||
25 | that part to the Title IV-D Agency within 20
business days | ||||||
26 | after the date of the Notice:
| ||||||
27 | (1) The employer does not maintain or contribute to | ||||||
28 | plans providing
dependent or family health insurance | ||||||
29 | coverage.
| ||||||
30 | (2) The obligor is among a class of employees that is | ||||||
31 | not eligible for
family health insurance coverage under any | ||||||
32 | group health plan maintained by the
employer or to which | ||||||
33 | the employer contributes.
| ||||||
34 | (3) Health insurance coverage is not available because | ||||||
35 | the obligor is no
longer employed by the employer.
| ||||||
36 | (f) The administrator of a health insurance plan to whom an |
| |||||||
| |||||||
1 | employer has
transferred the severable notice to plan | ||||||
2 | administrator part of a National
Medical Support Notice shall | ||||||
3 | complete that part with the health insurance
coverage | ||||||
4 | information required under the instructions in the Notice and | ||||||
5 | shall
return that part to the Title IV-D Agency within 40 | ||||||
6 | business days after the
date of the Notice.
| ||||||
7 | (g) The obligor may contest withholding under this Section | ||||||
8 | based only on a
mistake of fact and may contest withholding by | ||||||
9 | filing a petition with the clerk
of the circuit court within
20 | ||||||
10 | days after
service of a copy of the National Medical Support | ||||||
11 | Notice on the obligor. The
obligor must serve a copy of the | ||||||
12 | petition on the Title IV-D Agency at the
address stated in the | ||||||
13 | National Medical Support Notice. The National Medical
Support | ||||||
14 | Notice, including the requirement to withhold any required | ||||||
15 | premium,
shall continue to be binding on the employer until the | ||||||
16 | employer is served
with a court order resolving the contest or | ||||||
17 | until notified by the Title
IV-D Agency.
| ||||||
18 | (h) Whenever the obligor is no longer receiving income from | ||||||
19 | the employer,
the
employer shall return a copy of the National | ||||||
20 | Medical Support Notice to the
Title IV-D Agency and shall | ||||||
21 | provide information for the purpose of enforcing
health | ||||||
22 | insurance coverage under this Section.
| ||||||
23 | (i) The Title IV-D Agency shall promptly notify the | ||||||
24 | employer when there is
no
longer a current order for health | ||||||
25 | insurance coverage in effect which the Title
IV-D Agency is | ||||||
26 | responsible for enforcing.
| ||||||
27 | (j) Unless stated otherwise in this Section, all of the | ||||||
28 | provisions of this
Act relating to income withholding for | ||||||
29 | support shall pertain to income
withholding for health | ||||||
30 | insurance coverage under a National Medical Support
Notice, | ||||||
31 | including but not limited to the duties of the employer and | ||||||
32 | obligor,
and the penalties contained in Section 35 and Section | ||||||
33 | 50. In addition, an
employer who willfully fails to transfer | ||||||
34 | the severable notice to plan
administrator part of a National | ||||||
35 | Medical Support Notice to the appropriate
group
health plan | ||||||
36 | providing health insurance coverage for which the child is
|
| |||||||
| |||||||
1 | eligible, within 20 business days after the date of the
Notice, | ||||||
2 | is liable for the full amount of medical expenses incurred by
| ||||||
3 | or on behalf of the child which would have been paid or | ||||||
4 | reimbursed by the
health insurance coverage had the severable | ||||||
5 | notice to plan administrator part
of the Notice been timely | ||||||
6 | transferred to the group
health insurance plan. This penalty | ||||||
7 | may be collected in a civil action that may
be brought against | ||||||
8 | the employer in favor of the obligee or the Title IV-D
Agency.
| ||||||
9 | (k) To the extent that any other State or local law may be | ||||||
10 | construed to
limit
or prevent compliance by an employer or | ||||||
11 | health insurance plan administrator
with the requirements of | ||||||
12 | this Section and federal law and regulations
pertaining to the | ||||||
13 | National Medical Support Notice, that State or local law
shall | ||||||
14 | not apply.
| ||||||
15 | (l) As the Title IV-D Agency, the Department of Child | ||||||
16 | Support Services
Public Aid shall adopt any
rules necessary for | ||||||
17 | use of and compliance with the National Medical Support
Notice.
| ||||||
18 | (Source: P.A. 92-590, eff. 7-1-02.)
| ||||||
19 | (750 ILCS 28/45)
| ||||||
20 | Sec. 45. Additional duties.
| ||||||
21 | (a) An obligee who is receiving income withholding
payments | ||||||
22 | under this Act shall notify the State Disbursement Unit and the | ||||||
23 | Clerk
of the Circuit Court of any change of address within 7
| ||||||
24 | days of such change.
| ||||||
25 | (b) An obligee who is a recipient of public aid shall send | ||||||
26 | a copy of
any income withholding notice served by the obligee | ||||||
27 | to the Division
of Child Support Enforcement of the Illinois
| ||||||
28 | Department of Child Support Services
Public Aid .
| ||||||
29 | (c) Each obligor shall notify the obligee, the public | ||||||
30 | office, and the
Clerk of the Circuit
Court of any change of | ||||||
31 | address within 7 days.
| ||||||
32 | (d) An obligor whose income is being withheld pursuant to | ||||||
33 | this Act shall notify
the
obligee, the public office,
and the | ||||||
34 | Clerk of the Circuit Court of any new payor, within 7 days.
| ||||||
35 | (e) (Blank.)
|
| |||||||
| |||||||
1 | (f) The obligee or public office shall provide notice to | ||||||
2 | the payor and
Clerk of the Circuit Court of any other support | ||||||
3 | payment made, including
but not limited to, a set-off under | ||||||
4 | federal and State law or partial payment
of the delinquency or | ||||||
5 | arrearage, or both.
| ||||||
6 | (g) The State Disbursement Unit shall
maintain complete, | ||||||
7 | accurate, and clear records of all income withholding
payments | ||||||
8 | and their
disbursements. Certified copies of payment records | ||||||
9 | maintained by the State
Disbursement Unit, a public
office, or | ||||||
10 | the Clerk of the Circuit Court shall, without further proof, be
| ||||||
11 | admitted into evidence in any legal proceedings under this Act.
| ||||||
12 | (h) The Illinois Department of Child Support Services
| ||||||
13 | Public Aid shall design suggested legal
forms for proceeding | ||||||
14 | under this Act and shall make available to
the
courts such | ||||||
15 | forms and informational materials which describe the | ||||||
16 | procedures
and remedies set forth herein for distribution to | ||||||
17 | all parties in support
actions.
| ||||||
18 | (i) At the time of transmitting each support payment, the | ||||||
19 | State
Disbursement Unit shall provide the obligee or public | ||||||
20 | office, as appropriate,
with any information furnished by the | ||||||
21 | payor as to the date
the amount would (but for the duty to | ||||||
22 | withhold income) have been paid or
credited to the obligor.
| ||||||
23 | (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790, | ||||||
24 | eff. 8-14-98;
91-212, eff. 7-20-99; 91-357, eff. 7-29-99.)
| ||||||
25 | Section 1025. The Illinois Parentage Act of 1984 is amended | ||||||
26 | by changing Sections 4.1, 5, 7, 8, 13.1, 14, 14.1, 15.1, 18, | ||||||
27 | 21, 21.1, 22, and 23 as follows:
| ||||||
28 | (750 ILCS 45/4.1)
| ||||||
29 | Sec. 4.1. Administrative paternity determinations. | ||||||
30 | Notwithstanding any
other provision of this Act, the Illinois
| ||||||
31 | Department of Child Support Services
Public Aid may make
| ||||||
32 | administrative determinations of paternity and nonpaternity in | ||||||
33 | accordance with
Section 10-17.7 of the Illinois Public Aid | ||||||
34 | Code. These determinations of
paternity or nonpaternity shall |
| |||||||
| |||||||
1 | have the full force and effect of judgments
entered under this | ||||||
2 | Act.
| ||||||
3 | (Source: P.A. 88-687, eff. 1-24-95.)
| ||||||
4 | (750 ILCS 45/5) (from Ch. 40, par. 2505)
| ||||||
5 | Sec. 5. Presumption of Paternity.
| ||||||
6 | (a) A man is presumed to be the
natural father of a child | ||||||
7 | if:
| ||||||
8 | (1) he and the child's natural mother are or have been | ||||||
9 | married to each
other, even though the marriage is or could | ||||||
10 | be declared invalid, and the child
is born or conceived | ||||||
11 | during such marriage;
| ||||||
12 | (2) after the child's birth, he and the child's natural | ||||||
13 | mother have
married each other, even though the marriage is | ||||||
14 | or could be declared invalid,
and he is named, with his | ||||||
15 | written consent, as the child's father on the
child's birth | ||||||
16 | certificate;
| ||||||
17 | (3) he and the child's natural mother have signed an | ||||||
18 | acknowledgment of
paternity in accordance with rules | ||||||
19 | adopted by the Illinois Department of Child Support | ||||||
20 | Services
Public Aid under Section 10-17.7 of the Illinois | ||||||
21 | Public Aid Code; or
| ||||||
22 | (4) he and the child's natural mother have signed an | ||||||
23 | acknowledgment of
parentage or, if the natural father is | ||||||
24 | someone other than one presumed to be
the father under this | ||||||
25 | Section, an acknowledgment of parentage and denial of
| ||||||
26 | paternity in accordance
with
Section 12 of the Vital | ||||||
27 | Records Act.
| ||||||
28 | (b) A presumption under subdivision (a)(1) or (a)(2) of | ||||||
29 | this Section may
be rebutted only by clear and convincing | ||||||
30 | evidence. A presumption under
subdivision (a)(3) or (a)(4) is | ||||||
31 | conclusive, unless the acknowledgment of
parentage is | ||||||
32 | rescinded under the process
provided in Section 12 of the Vital | ||||||
33 | Records Act,
upon the earlier
of:
| ||||||
34 | (1) 60 days after the date the acknowledgment of | ||||||
35 | parentage is signed, or
|
| |||||||
| |||||||
1 | (2) the date of an administrative or judicial | ||||||
2 | proceeding relating to the
child (including a proceeding to | ||||||
3 | establish a support order) in which the
signatory is a | ||||||
4 | party;
| ||||||
5 | except that if a minor has signed the
acknowledgment of | ||||||
6 | paternity or acknowledgment of parentage and denial of
| ||||||
7 | paternity, the presumption becomes conclusive 6 months after | ||||||
8 | the minor reaches
majority or is otherwise emancipated.
| ||||||
9 | (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
| ||||||
10 | (750 ILCS 45/7) (from Ch. 40, par. 2507)
| ||||||
11 | Sec. 7. Determination of Father and Child Relationship; Who | ||||||
12 | May Bring
Action; Parties.
| ||||||
13 | (a) An action to determine the existence of the father and | ||||||
14 | child
relationship, whether or not such a relationship is | ||||||
15 | already presumed under
Section 5 of this Act, may be brought by | ||||||
16 | the child; the mother; a pregnant
woman; any person or public | ||||||
17 | agency who has custody of, or is providing or has
provided | ||||||
18 | financial support to, the child; the Department of Child | ||||||
19 | Support Services, if the Illinois Department of Public
Aid if | ||||||
20 | it is providing or has provided financial support to the child | ||||||
21 | or if the Department of Child Support Services
it
is assisting | ||||||
22 | with child support collection services; or a man presumed or
| ||||||
23 | alleging himself
to be the father of the child or expected | ||||||
24 | child. The complaint shall be
verified and shall name the | ||||||
25 | person or persons alleged to be the father of the
child.
| ||||||
26 | (b) An action to declare the non-existence of the parent | ||||||
27 | and child
relationship may be brought by the child, the natural | ||||||
28 | mother, or a man
presumed to be the father under subdivision | ||||||
29 | (a)(1) or (a)(2) of Section 5
of this Act. Actions brought by | ||||||
30 | the child, the natural mother
or a presumed father shall be | ||||||
31 | brought by verified complaint.
| ||||||
32 | After the presumption that a man presumed to be the father | ||||||
33 | under
subdivision (a)(1) or (a)(2) of Section 5
has been | ||||||
34 | rebutted, paternity of the
child by another man may be | ||||||
35 | determined in the same action, if he has been made
a party.
|
| |||||||
| |||||||
1 | (b-5) An action to declare the non-existence of the parent | ||||||
2 | and child
relationship may be brought subsequent to an | ||||||
3 | adjudication of paternity in any
judgment by the man | ||||||
4 | adjudicated to be the father pursuant to the presumptions
in | ||||||
5 | Section 5 of this Act if, as a result of deoxyribonucleic acid | ||||||
6 | (DNA) tests,
it
is discovered that the man adjudicated to be | ||||||
7 | the father is not the natural
father of the child. Actions | ||||||
8 | brought by the adjudicated father shall be
brought by verified | ||||||
9 | complaint. If, as a result of the deoxyribonucleic acid
(DNA) | ||||||
10 | tests, the plaintiff is determined not to be the father of the | ||||||
11 | child, the
adjudication of paternity and any orders regarding | ||||||
12 | custody, visitation, and
future payments of support may be | ||||||
13 | vacated.
| ||||||
14 | (c) If any party is a minor, he or she may be represented | ||||||
15 | by his or her
general guardian or a guardian ad litem appointed | ||||||
16 | by the court, which may
include an appropriate agency. The | ||||||
17 | court may align the parties.
| ||||||
18 | (d) Regardless of its terms, an agreement, other than a | ||||||
19 | settlement
approved by the court, between an alleged or | ||||||
20 | presumed father and the mother
or child, does not bar an action | ||||||
21 | under this Section.
| ||||||
22 | (e) If an action under this Section is brought before the | ||||||
23 | birth of the
child, all proceedings shall be stayed until after | ||||||
24 | the birth, except for
service or process, the taking of | ||||||
25 | depositions to perpetuate testimony, and
the ordering of blood | ||||||
26 | tests under appropriate circumstances.
| ||||||
27 | (Source: P.A. 89-674, eff. 8-14-96; 90-18, eff. 7-1-97; 90-715, | ||||||
28 | eff.
8-7-98.)
| ||||||
29 | (750 ILCS 45/8) (from Ch. 40, par. 2508)
| ||||||
30 | Sec. 8. Statute of limitations.
| ||||||
31 | (a) (1) An action brought by or on behalf of a child, an | ||||||
32 | action brought by
a party alleging that he or she is the | ||||||
33 | child's natural parent,
or an action brought
by the | ||||||
34 | Department of Child Support Services or its predecessor,
| ||||||
35 | the Illinois Department of Public Aid, if the Illinois |
| |||||||
| |||||||
1 | Department of Public Aid
it is
providing or has provided | ||||||
2 | financial support to the child or if the Department of | ||||||
3 | Child Support Services or its predecessor, the Illinois | ||||||
4 | Department of Public Aid,
it is assisting or has assisted
| ||||||
5 | with child support collection services, shall be barred if
| ||||||
6 | brought later than 2 years after the child reaches the age | ||||||
7 | of majority;
however, if the action on behalf of the child | ||||||
8 | is brought by a public agency,
other than the Department of | ||||||
9 | Child Support Services or its predecessor, the Department | ||||||
10 | of Public Aid, if the Illinois Department of Public Aid if | ||||||
11 | it is providing or has
provided financial support to the | ||||||
12 | child or if the Department of Child Support Services or its | ||||||
13 | predecessor, the Illinois Department of Public Aid,
it is | ||||||
14 | assisting or has assisted with child
support collection | ||||||
15 | services, it
shall be barred 2 years after the agency has | ||||||
16 | ceased to provide assistance to
the child.
| ||||||
17 | (2) Failure
to bring an action within 2 years shall not | ||||||
18 | bar any party from asserting a
defense in any action to | ||||||
19 | declare the non-existence of the parent and child
| ||||||
20 | relationship.
| ||||||
21 | (3) An action to declare the non-existence of the | ||||||
22 | parent and child
relationship brought under subsection (b) | ||||||
23 | of Section 7 of this Act shall be
barred if
brought later | ||||||
24 | than 2 years after the
petitioner obtains knowledge of | ||||||
25 | relevant facts.
The 2-year period for bringing an action to
| ||||||
26 | declare the nonexistence of the parent and child | ||||||
27 | relationship shall not extend
beyond the date on which the | ||||||
28 | child reaches the age of 18 years.
Failure to bring an | ||||||
29 | action
within 2 years shall not bar any party from | ||||||
30 | asserting a defense in any
action to declare the existence | ||||||
31 | of the parent and child relationship.
| ||||||
32 | (4) An action to declare the non-existence of the | ||||||
33 | parent and child
relationship brought under subsection | ||||||
34 | (b-5) of Section 7 of this Act shall be
barred if
brought | ||||||
35 | more than 6 months after the effective date of this | ||||||
36 | amendatory Act of
1998 or more than 2 years after the |
| |||||||
| |||||||
1 | petitioner obtains actual knowledge of
relevant
facts, | ||||||
2 | whichever is later. The 2-year period shall not apply to | ||||||
3 | periods of
time where the natural
mother or the child | ||||||
4 | refuses to submit to deoxyribonucleic acid (DNA) tests.
The | ||||||
5 | 2-year period for bringing an action to
declare the | ||||||
6 | nonexistence of the parent and child relationship shall not | ||||||
7 | extend
beyond the date on which the child reaches the age | ||||||
8 | of 18 years.
Failure to bring an action
within 2 years | ||||||
9 | shall not bar any party from asserting a defense in any
| ||||||
10 | action to declare the existence of the parent and child | ||||||
11 | relationship.
| ||||||
12 | (b) The time during which any party is not subject to | ||||||
13 | service of process
or is otherwise not subject to the | ||||||
14 | jurisdiction of the courts of this State
shall toll the | ||||||
15 | aforementioned periods.
| ||||||
16 | (c) This Act does not affect the time within which any | ||||||
17 | rights under
the Probate Act of 1975 may be asserted beyond the | ||||||
18 | time
provided by law relating to distribution and closing of | ||||||
19 | decedent's estates
or to the determination of heirship, or | ||||||
20 | otherwise.
| ||||||
21 | (Source: P.A. 89-674, eff. 8-14-96; 90-18, eff. 7-1-97; 90-715, | ||||||
22 | eff.
8-7-98.)
| ||||||
23 | (750 ILCS 45/13.1)
| ||||||
24 | Sec. 13.1. Temporary order for child support. | ||||||
25 | Notwithstanding any other
law to the contrary, pending the | ||||||
26 | outcome of a
judicial determination of parentage, the court | ||||||
27 | shall issue a temporary order
for child support, upon motion by | ||||||
28 | a party and a showing of clear and convincing
evidence of | ||||||
29 | paternity. In determining the amount of the temporary child
| ||||||
30 | support award, the court shall use the guidelines and standards | ||||||
31 | set forth in
subsection (a) of Section 505 and in Section 505.2 | ||||||
32 | of the Illinois Marriage and
Dissolution of Marriage Act.
| ||||||
33 | Any new or existing support order entered by the court | ||||||
34 | under this Section
shall be deemed to be a series of judgments | ||||||
35 | against the person obligated to pay
support
thereunder, each |
| |||||||
| |||||||
1 | such judgment to be in the amount of each payment or
| ||||||
2 | installment of support and each judgment to be deemed entered | ||||||
3 | as of the date
the corresponding payment or installment becomes | ||||||
4 | due under the terms of the
support order. Each such judgment | ||||||
5 | shall have the full
force, effect, and attributes of any other | ||||||
6 | judgment of this State, including
the ability to be enforced. | ||||||
7 | Any such judgment is subject to modification or
termination | ||||||
8 | only in accordance with Section 510 of the Illinois Marriage | ||||||
9 | and
Dissolution of Marriage Act.
A lien arises by operation of | ||||||
10 | law against the real and personal property of the
noncustodial | ||||||
11 | parent for each
installment of overdue support owed by the | ||||||
12 | noncustodial parent.
| ||||||
13 | All orders for support, when entered or modified, shall | ||||||
14 | include a provision
requiring the non-custodial parent to | ||||||
15 | notify the court, and in cases in which a
party is receiving | ||||||
16 | child support enforcement services under
Article X of the
| ||||||
17 | Illinois Public Aid Code, the Illinois Department of Child | ||||||
18 | Support Services
Public Aid , within 7 days,
(i) of the
name, | ||||||
19 | address, and telephone number of any new employer of the | ||||||
20 | non-custodial
parent, (ii) whether the non-custodial parent | ||||||
21 | has access to health
insurance coverage through the employer or | ||||||
22 | other group coverage, and, if so,
the policy name and number | ||||||
23 | and the names of persons covered under the policy,
and (iii) of | ||||||
24 | any new residential or mailing address or telephone number
of | ||||||
25 | the non-custodial parent.
| ||||||
26 | In any subsequent action to enforce a support order, upon | ||||||
27 | sufficient showing
that diligent effort has been made to | ||||||
28 | ascertain the location of the
non-custodial parent, service of | ||||||
29 | process or provision of notice necessary in
that action may be | ||||||
30 | made at the last known address of the non-custodial parent,
in | ||||||
31 | any manner expressly provided by the Code of Civil Procedure or | ||||||
32 | in this Act,
which service shall be sufficient for purposes of | ||||||
33 | due process.
| ||||||
34 | An order for support shall include a date on which the | ||||||
35 | current support
obligation terminates. The termination date | ||||||
36 | shall be no earlier than the date
on which the child covered by |
| |||||||
| |||||||
1 | the order will attain the age of majority or is
otherwise | ||||||
2 | emancipated. The
order for support shall state that the | ||||||
3 | termination date does not apply to any
arrearage that may | ||||||
4 | remain unpaid on that date. Nothing in this paragraph
shall be | ||||||
5 | construed to prevent the court from modifying the order.
| ||||||
6 | If there is an unpaid arrearage or delinquency (as those | ||||||
7 | terms are defined in the Income Withholding for Support Act) | ||||||
8 | equal to at least one month's support obligation on the | ||||||
9 | termination date stated in the order for support or, if there | ||||||
10 | is no termination date stated in the order, on the date the | ||||||
11 | child attains the age of majority or is otherwise emancipated, | ||||||
12 | then the periodic amount required to be paid for current | ||||||
13 | support of that child immediately prior to that date shall | ||||||
14 | automatically continue to be an obligation, not as current | ||||||
15 | support but as periodic payment toward satisfaction of the | ||||||
16 | unpaid arrearage or delinquency. That periodic payment shall be | ||||||
17 | in addition to any periodic payment previously required for | ||||||
18 | satisfaction of the arrearage or delinquency. The total | ||||||
19 | periodic amount to be paid toward satisfaction of the arrearage | ||||||
20 | or delinquency may be enforced and collected by any method | ||||||
21 | provided by law for the enforcement and collection of child | ||||||
22 | support, including but not limited to income withholding under | ||||||
23 | the Income Withholding for Support Act. Each order for support | ||||||
24 | entered or modified on or after the effective date of this | ||||||
25 | amendatory Act of the 93rd General Assembly must contain a | ||||||
26 | statement notifying the parties of the requirements of this | ||||||
27 | paragraph. Failure to include the statement in the order for | ||||||
28 | support does not affect the validity of the order or the | ||||||
29 | operation of the provisions of this paragraph with regard to | ||||||
30 | the order. This paragraph shall not be construed to prevent or | ||||||
31 | affect the establishment or modification of an order for the | ||||||
32 | support of a minor child or the establishment or modification | ||||||
33 | of an order for the support of a non-minor child or educational | ||||||
34 | expenses under Section 513 of the Illinois Marriage and | ||||||
35 | Dissolution of Marriage Act.
| ||||||
36 | (Source: P.A. 92-590, eff. 7-1-02; 93-1061, eff. 1-1-05.)
|
| |||||||
| |||||||
1 | (750 ILCS 45/14) (from Ch. 40, par. 2514)
| ||||||
2 | Sec. 14. Judgment.
| ||||||
3 | (a) (1) The judgment shall contain or explicitly reserve
| ||||||
4 | provisions concerning any duty and amount of child support
and | ||||||
5 | may contain provisions concerning the custody and
guardianship | ||||||
6 | of the child, visitation privileges with the child, the
| ||||||
7 | furnishing of bond or other security for the payment of the | ||||||
8 | judgment,
which the court shall determine in accordance with | ||||||
9 | the relevant factors
set forth in the Illinois Marriage and | ||||||
10 | Dissolution of Marriage
Act and any other applicable law of | ||||||
11 | Illinois,
to guide the court in a finding in the best interests | ||||||
12 | of the child.
In determining custody, joint custody, removal, | ||||||
13 | or visitation, the court
shall apply
the relevant standards of | ||||||
14 | the Illinois Marriage and Dissolution of Marriage
Act, | ||||||
15 | including Section 609. Specifically, in determining the amount | ||||||
16 | of any
child support award, the
court shall use the guidelines | ||||||
17 | and standards set forth in subsection (a) of
Section 505 and in | ||||||
18 | Section 505.2 of the Illinois Marriage and Dissolution of
| ||||||
19 | Marriage Act. For purposes of Section
505 of the Illinois | ||||||
20 | Marriage and Dissolution of Marriage Act,
"net income" of the | ||||||
21 | non-custodial parent shall include any benefits
available to | ||||||
22 | that person under the Illinois Public Aid Code or from other
| ||||||
23 | federal, State or local government-funded programs. The court | ||||||
24 | shall, in
any event and regardless of the amount of the | ||||||
25 | non-custodial parent's net
income, in its judgment order the | ||||||
26 | non-custodial parent to pay child support
to the custodial | ||||||
27 | parent in a minimum amount of not less than $10 per month.
In | ||||||
28 | an action brought within 2 years after a child's birth, the | ||||||
29 | judgment or
order may direct either parent to pay the | ||||||
30 | reasonable expenses incurred by
either parent related to the | ||||||
31 | mother's pregnancy and the delivery of the
child. The judgment | ||||||
32 | or order shall contain the father's social security number,
| ||||||
33 | which the father shall disclose to the court; however, failure | ||||||
34 | to include the
father's social security number on the judgment | ||||||
35 | or order does not invalidate
the judgment or order.
|
| |||||||
| |||||||
1 | (2) If a judgment of parentage contains no explicit award | ||||||
2 | of custody,
the establishment of a support obligation or of | ||||||
3 | visitation rights in one
parent shall be considered a judgment | ||||||
4 | granting custody to the other parent.
If the parentage judgment | ||||||
5 | contains no such provisions, custody shall be
presumed to be | ||||||
6 | with the mother;
however, the presumption shall not apply if | ||||||
7 | the father has had
physical custody for at least 6
months prior | ||||||
8 | to the date that the mother seeks to enforce custodial rights.
| ||||||
9 | (b) The court shall order all child support payments, | ||||||
10 | determined in
accordance with such guidelines, to commence with | ||||||
11 | the date summons is
served. The level of current periodic | ||||||
12 | support payments shall not be
reduced because of payments set | ||||||
13 | for the period prior to the date of entry
of the support order. | ||||||
14 | The Court may order any child support payments to be
made for a
| ||||||
15 | period prior to the commencement of the action.
In determining | ||||||
16 | whether and the extent to which the
payments shall be made for | ||||||
17 | any prior period, the court shall consider all
relevant facts, | ||||||
18 | including the factors for determining the amount of support
| ||||||
19 | specified in the Illinois Marriage and Dissolution of Marriage
| ||||||
20 | Act and other equitable factors
including but not limited to:
| ||||||
21 | (1) The father's prior knowledge of the fact and | ||||||
22 | circumstances of the
child's birth.
| ||||||
23 | (2) The father's prior willingness or refusal to help | ||||||
24 | raise or
support the child.
| ||||||
25 | (3) The extent to which the mother or the public agency | ||||||
26 | bringing the
action previously informed the father of the | ||||||
27 | child's needs or attempted
to seek or require his help in | ||||||
28 | raising or supporting the child.
| ||||||
29 | (4) The reasons the mother or the public agency did not | ||||||
30 | file the
action earlier.
| ||||||
31 | (5) The extent to which the father would be prejudiced | ||||||
32 | by the delay in
bringing the action.
| ||||||
33 | For purposes of determining the amount of child support to | ||||||
34 | be paid for any
period before the date the order for current | ||||||
35 | child support is entered, there is
a
rebuttable presumption | ||||||
36 | that the father's net income for the prior period was
the same |
| |||||||
| |||||||
1 | as his net income at the time the order for current child | ||||||
2 | support is
entered.
| ||||||
3 | If (i) the non-custodial parent was properly served with a | ||||||
4 | request for
discovery of
financial information relating to the | ||||||
5 | non-custodial parent's ability to provide
child support, (ii)
| ||||||
6 | the non-custodial parent failed to comply with the request, | ||||||
7 | despite having been
ordered to
do so by the court, and (iii) | ||||||
8 | the non-custodial parent is not present at the
hearing to
| ||||||
9 | determine support despite having received proper notice, then | ||||||
10 | any relevant
financial
information concerning the | ||||||
11 | non-custodial parent's ability to provide child
support
that | ||||||
12 | was
obtained pursuant to subpoena and proper notice shall be | ||||||
13 | admitted into evidence
without
the need to establish any | ||||||
14 | further foundation for its admission.
| ||||||
15 | (c) Any new or existing support order entered by the court | ||||||
16 | under this
Section shall be deemed to be a series of judgments
| ||||||
17 | against the person obligated to pay support thereunder, each | ||||||
18 | judgment
to be in the amount of each payment or installment of | ||||||
19 | support and each such
judgment to be deemed entered as of the | ||||||
20 | date the corresponding payment or
installment becomes due under | ||||||
21 | the terms of the support order. Each
judgment shall have the | ||||||
22 | full force, effect and attributes of any other
judgment of this | ||||||
23 | State, including the ability to be enforced.
A lien arises by | ||||||
24 | operation of law against the real and personal property of
the | ||||||
25 | noncustodial parent for each installment of overdue support | ||||||
26 | owed by the
noncustodial parent.
| ||||||
27 | (d) If the judgment or order of the court is at variance | ||||||
28 | with the child's
birth certificate, the court shall order that | ||||||
29 | a new birth certificate be
issued under the Vital Records Act.
| ||||||
30 | (e) On request of the mother and the father, the court | ||||||
31 | shall order a
change in the child's name. After hearing | ||||||
32 | evidence the court may stay
payment of support during the | ||||||
33 | period of the father's minority or period of
disability.
| ||||||
34 | (f) If, upon a showing of proper service, the father fails | ||||||
35 | to appear in
court, or
otherwise appear as provided by law, the | ||||||
36 | court may proceed to hear the
cause upon testimony of the |
| |||||||
| |||||||
1 | mother or other parties taken in open court and
shall enter a | ||||||
2 | judgment by default. The court may reserve any order as to
the | ||||||
3 | amount of child support until the father has received notice, | ||||||
4 | by
regular mail, of a hearing on the matter.
| ||||||
5 | (g) A one-time charge of 20% is imposable upon the amount | ||||||
6 | of past-due
child support owed on July 1, 1988 which has | ||||||
7 | accrued under a support order
entered by the court. The charge | ||||||
8 | shall be imposed in accordance with the
provisions of Section | ||||||
9 | 10-21 of the Illinois Public Aid Code and shall be
enforced by | ||||||
10 | the court upon petition.
| ||||||
11 | (h) All orders for support, when entered or
modified, shall | ||||||
12 | include a provision requiring the non-custodial parent
to
| ||||||
13 | notify the court and, in cases in which party is receiving | ||||||
14 | child
support enforcement services under Article X of the | ||||||
15 | Illinois Public Aid Code,
the
Illinois Department of Child | ||||||
16 | Support Services
Public Aid , within 7 days, (i) of the name and
| ||||||
17 | address of any new employer of the non-custodial parent, (ii) | ||||||
18 | whether the
non-custodial
parent has access to health insurance | ||||||
19 | coverage through the employer or other
group coverage and, if | ||||||
20 | so, the policy name and number and the names of
persons
covered | ||||||
21 | under the policy, and (iii) of any new residential or mailing | ||||||
22 | address
or telephone
number of the non-custodial parent. In any | ||||||
23 | subsequent action to enforce a
support order, upon a sufficient | ||||||
24 | showing that a diligent effort has been made
to ascertain the | ||||||
25 | location of the non-custodial parent, service of process or
| ||||||
26 | provision of notice necessary in the case may be made at the | ||||||
27 | last known
address of the non-custodial parent in any manner | ||||||
28 | expressly provided by the
Code of Civil Procedure or this Act, | ||||||
29 | which service shall be sufficient for
purposes of due process.
| ||||||
30 | (i) An order for support shall include a date on which the | ||||||
31 | current
support obligation terminates. The termination date | ||||||
32 | shall be no earlier
than
the date on which the child covered by | ||||||
33 | the order will attain the age of
18. However, if the child will | ||||||
34 | not graduate from high school until after
attaining the age
of | ||||||
35 | 18, then the termination date shall be no earlier than the | ||||||
36 | earlier of the
date on which
the child's high school graduation |
| |||||||
| |||||||
1 | will occur or the date on which the child
will attain the
age | ||||||
2 | of 19.
The order
for
support shall state that
the termination | ||||||
3 | date does not apply to any arrearage that may remain unpaid on
| ||||||
4 | that date. Nothing in this subsection shall be construed to | ||||||
5 | prevent the court
from modifying the order
or terminating the | ||||||
6 | order in the event the child is otherwise emancipated.
| ||||||
7 | (i-5) If there is an unpaid arrearage or delinquency (as | ||||||
8 | those terms are defined in the Income Withholding for Support | ||||||
9 | Act) equal to at least one month's support obligation on the | ||||||
10 | termination date stated in the order for support or, if there | ||||||
11 | is no termination date stated in the order, on the date the | ||||||
12 | child attains the age of majority or is otherwise emancipated, | ||||||
13 | the periodic amount required to be paid for current support of | ||||||
14 | that child immediately prior to that date shall automatically | ||||||
15 | continue to be an obligation, not as current support but as | ||||||
16 | periodic payment toward satisfaction of the unpaid arrearage or | ||||||
17 | delinquency. That periodic payment shall be in addition to any | ||||||
18 | periodic payment previously required for satisfaction of the | ||||||
19 | arrearage or delinquency. The total periodic amount to be paid | ||||||
20 | toward satisfaction of the arrearage or delinquency may be | ||||||
21 | enforced and collected by any method provided by law for | ||||||
22 | enforcement and collection of child support, including but not | ||||||
23 | limited to income withholding under the Income Withholding for | ||||||
24 | Support Act. Each order for support entered or modified on or | ||||||
25 | after the effective date of this amendatory Act of the 93rd | ||||||
26 | General Assembly must contain a statement notifying the parties | ||||||
27 | of the requirements of this subsection. Failure to include the | ||||||
28 | statement in the order for support does not affect the validity | ||||||
29 | of the order or the operation of the provisions of this | ||||||
30 | subsection with regard to the order. This subsection shall not | ||||||
31 | be construed to prevent or affect the establishment or | ||||||
32 | modification of an order for support of a minor child or the | ||||||
33 | establishment or modification of an order for support of a | ||||||
34 | non-minor child or educational expenses under Section 513 of | ||||||
35 | the Illinois Marriage and Dissolution of Marriage Act.
| ||||||
36 | (j) An order entered under this Section shall include a |
| |||||||
| |||||||
1 | provision
requiring the obligor to report to the obligee and to | ||||||
2 | the clerk of court within
10 days each time the obligor obtains | ||||||
3 | new employment, and each time the
obligor's employment is | ||||||
4 | terminated for any reason.
The report shall be in writing and | ||||||
5 | shall, in the case of new employment,
include the name and | ||||||
6 | address of the new employer.
Failure to report new employment | ||||||
7 | or
the termination of current employment, if coupled with | ||||||
8 | nonpayment of support
for a period in excess of 60 days, is | ||||||
9 | indirect criminal contempt. For
any obligor arrested for | ||||||
10 | failure to report new employment bond shall be set in
the | ||||||
11 | amount of the child support that should have been paid during | ||||||
12 | the period of
unreported employment. An order entered under | ||||||
13 | this Section shall also include
a provision requiring the | ||||||
14 | obligor and obligee parents to advise each other of a
change in | ||||||
15 | residence within 5 days of the change
except when the court | ||||||
16 | finds that the physical, mental, or emotional health
of a party | ||||||
17 | or that of a minor child, or both, would be seriously | ||||||
18 | endangered by
disclosure of the party's address.
| ||||||
19 | (Source: P.A. 92-590, eff. 7-1-02; 92-876, eff. 6-1-03; 93-139, | ||||||
20 | eff. 7-10-03; 93-1061, eff. 1-1-05.)
| ||||||
21 | (750 ILCS 45/14.1)
| ||||||
22 | Sec. 14.1. Information to State Case Registry.
| ||||||
23 | (a) In this Section:
| ||||||
24 | "Order for support", "obligor", "obligee", and "business | ||||||
25 | day" are defined as
set forth in the
Income Withholding for | ||||||
26 | Support Act.
| ||||||
27 | "State Case Registry" means the State Case Registry | ||||||
28 | established under Section
10-27 of the Illinois Public Aid | ||||||
29 | Code.
| ||||||
30 | (b) Each order for support entered or modified by the | ||||||
31 | circuit court under
this Act shall require that the obligor and | ||||||
32 | obligee (i) file with the clerk of
the
circuit court the | ||||||
33 | information required by this Section (and any other
information | ||||||
34 | required under Title IV, Part D of the Social Security Act or | ||||||
35 | by
the
federal Department of Health and Human Services) at the |
| |||||||
| |||||||
1 | time of
entry or modification of the order for support and (ii) | ||||||
2 | file updated
information with the clerk within 5 business days | ||||||
3 | of any change.
Failure of the obligor or obligee to file or | ||||||
4 | update the required information
shall be
punishable as in cases | ||||||
5 | of contempt. The failure shall not prevent the court
from | ||||||
6 | entering
or modifying the order for support, however.
| ||||||
7 | (c) The obligor shall file the following information: the | ||||||
8 | obligor's name,
date of birth, social security number, and | ||||||
9 | mailing address.
| ||||||
10 | If either the obligor or the obligee receives child support | ||||||
11 | enforcement
services from the Illinois Department
of Child | ||||||
12 | Support Services
Public Aid
under Article X of the Illinois | ||||||
13 | Public Aid Code, the obligor
shall also file the following | ||||||
14 | information: the obligor's telephone number,
driver's license | ||||||
15 | number, and residential address (if different from the
| ||||||
16 | obligor's mailing address), and the name, address, and | ||||||
17 | telephone number of the
obligor's employer or employers.
| ||||||
18 | (d) The obligee shall file the following information:
| ||||||
19 | (1) The names of the obligee and the child or children | ||||||
20 | covered by the
order for support.
| ||||||
21 | (2) The dates of birth of the obligee and the child or | ||||||
22 | children covered by
the order for support.
| ||||||
23 | (3) The social security numbers of the obligee and the | ||||||
24 | child or children
covered by the order for support.
| ||||||
25 | (4) The obligee's mailing address.
| ||||||
26 | (e) In cases in which the obligee receives child support | ||||||
27 | enforcement
services from the Illinois Department of Child | ||||||
28 | Support Services
Public Aid under Article X of the
Illinois | ||||||
29 | Public
Aid Code, the order for support shall (i) require that | ||||||
30 | the obligee file the
information required under subsection (d) | ||||||
31 | with the Illinois Department of Child Support Services
Public | ||||||
32 | Aid for inclusion in the State Case Registry, rather
than file | ||||||
33 | the information with the clerk, and (ii) require that the | ||||||
34 | obligee
include the following additional information:
| ||||||
35 | (1) The obligee's telephone and driver's license | ||||||
36 | numbers.
|
| |||||||
| |||||||
1 | (2) The obligee's residential address, if different | ||||||
2 | from the obligee's
mailing address.
| ||||||
3 | (3) The name, address, and telephone number of the | ||||||
4 | obligee's employer or
employers.
| ||||||
5 | The order for support shall also require that the obligee | ||||||
6 | update
the information filed with the Illinois Department of | ||||||
7 | Child Support Services
Public Aid within 5
business days of any | ||||||
8 | change.
| ||||||
9 | (f) The clerk shall provide the information filed under | ||||||
10 | this Section,
together with the court docket number and county | ||||||
11 | in which the order for support
was entered, to the State Case | ||||||
12 | Registry within 5 business days after receipt of
the | ||||||
13 | information.
| ||||||
14 | (g) In a case in which a party is receiving child support | ||||||
15 | enforcement
services under Article X of the Illinois Public Aid | ||||||
16 | Code, the clerk shall
provide the following additional | ||||||
17 | information to the State Case Registry within
5 business days | ||||||
18 | after entry or modification of an order for support or request
| ||||||
19 | from the Illinois Department of Child Support Services
Public | ||||||
20 | Aid :
| ||||||
21 | (1) The amount of monthly or other periodic support | ||||||
22 | owed under the order
for support and other amounts, | ||||||
23 | including arrearage, interest, or late payment
penalties | ||||||
24 | and fees, due or overdue under the order.
| ||||||
25 | (2) Any such amounts that have been received by the | ||||||
26 | clerk, and the
distribution of those amounts by the clerk.
| ||||||
27 | (h) Information filed by the obligor and obligee under this | ||||||
28 | Section that is
not specifically required to be included in the | ||||||
29 | body of an order for support
under other laws is not a public | ||||||
30 | record and shall be treated as
confidential and subject to | ||||||
31 | disclosure only in accordance with the provisions
of this | ||||||
32 | Section, Section 10-27 of the Illinois Public Aid Code, and | ||||||
33 | Title IV,
Part D of the Social Security Act.
| ||||||
34 | (Source: P.A. 91-212, eff. 7-20-99; 92-463, eff. 8-22-01.)
| ||||||
35 | (750 ILCS 45/15.1) (from Ch. 40, par. 2515.1)
|
| |||||||
| |||||||
1 | Sec. 15.1. (a) Whenever it is determined in a proceeding to | ||||||
2 | establish or
enforce a child support obligation that the person | ||||||
3 | owing a duty of support is
unemployed, the court may order the | ||||||
4 | person to seek employment and report
periodically to the court | ||||||
5 | with a diary, listing or other memorandum of his
or her efforts | ||||||
6 | in accordance with such order. Additionally, the court may
| ||||||
7 | order the unemployed person to report to the Department of | ||||||
8 | Employment
Security for job search services or to make | ||||||
9 | application with the local Job
Training Partnership Act | ||||||
10 | provider for participation in job search, training
or work | ||||||
11 | programs and where the duty of support is owed to a child | ||||||
12 | receiving
child support enforcement services under Article X of | ||||||
13 | the Illinois
Public Aid Code, as
amended, the court may order | ||||||
14 | the unemployed person to report to the
Illinois Department of | ||||||
15 | Child Support Services
Public Aid for participation in job | ||||||
16 | search, training
or work programs established under Section 9-6 | ||||||
17 | and Article IXA of that
Code.
| ||||||
18 | (b) Whenever it is determined that a
person owes past-due | ||||||
19 | support for a child,
and the child is receiving assistance | ||||||
20 | under the Illinois Public Aid Code,
the court shall order the
| ||||||
21 | following at the request of the Illinois Department of Child | ||||||
22 | Support Services
Public Aid :
| ||||||
23 | (1) that the person pay the past-due support in | ||||||
24 | accordance with a plan
approved by the court; or
| ||||||
25 | (2) if the person owing past-due support is unemployed, | ||||||
26 | is subject to such
a plan, and is
not incapacitated, that | ||||||
27 | the person participate in such job search, training, or
| ||||||
28 | work programs established under Section 9-6 and Article IXA | ||||||
29 | of the Illinois
Public Aid Code as the court deems | ||||||
30 | appropriate.
| ||||||
31 | (Source: P.A. 91-357, eff. 7-29-99; 92-590, eff. 7-1-02.)
| ||||||
32 | (750 ILCS 45/18) (from Ch. 40, par. 2518)
| ||||||
33 | Sec. 18. Right to Counsel; Free Transcript on Appeal.
| ||||||
34 | (a) Any party
may be represented by counsel at all | ||||||
35 | proceedings under this Act.
|
| |||||||
| |||||||
1 | (a-5) In any proceedings involving the support, custody,
| ||||||
2 | visitation, education, parentage, property interest, or | ||||||
3 | general welfare of a
minor or dependent child, the court may, | ||||||
4 | on its own motion or that of any
party, and subject to the | ||||||
5 | terms or specifications the court determines, appoint
an | ||||||
6 | attorney to serve in one of the following capacities:
| ||||||
7 | (1) as an attorney to represent the child;
| ||||||
8 | (2) as a guardian ad litem to address issues the court | ||||||
9 | delineates;
| ||||||
10 | (3) as a child's representative whose duty shall be to | ||||||
11 | advocate what the
representative finds to be in the best | ||||||
12 | interests of the child after reviewing
the facts and | ||||||
13 | circumstances of the case. The child's representative | ||||||
14 | shall have
the same power and authority to take part in the | ||||||
15 | conduct of the litigation as
does an attorney for a party | ||||||
16 | and shall possess all the powers of investigation
and | ||||||
17 | recommendation as does a guardian ad litem. The child's | ||||||
18 | representative
shall consider, but not be bound by, the | ||||||
19 | expressed wishes of the child. A
child's representative | ||||||
20 | shall have received training in child advocacy or shall
| ||||||
21 | possess such experience as determined to be equivalent to | ||||||
22 | such training by the
chief judge of the circuit where the | ||||||
23 | child's representative has been appointed.
The child's | ||||||
24 | representative shall not disclose confidential | ||||||
25 | communications made
by the child, except as required by law | ||||||
26 | or by the Rules of Professional
Conduct. The child's | ||||||
27 | representative shall not be called as a witness regarding
| ||||||
28 | the issues set forth in this subsection.
| ||||||
29 | During the proceedings the court may appoint an additional | ||||||
30 | attorney to
serve in another of the capacities described in | ||||||
31 | subdivisions (1), (2), or
(3) of the preceding paragraph on
its | ||||||
32 | own motion or that of a party only for good cause shown and | ||||||
33 | when the
reasons for the additional appointment are set forth | ||||||
34 | in specific findings.
| ||||||
35 | The court shall enter an order as appropriate for
costs, | ||||||
36 | fees, and disbursements, including a retainer, when the |
| |||||||
| |||||||
1 | attorney,
guardian ad litem, or child's representative is | ||||||
2 | appointed, and thereafter as
necessary. Such orders shall | ||||||
3 | require payment by either or both parents, by any
other party | ||||||
4 | or source, or from the marital estate or the child's separate
| ||||||
5 | estate.
The court may not order payment by the Illinois
| ||||||
6 | Department of Child Support Services
Public Aid
in cases in | ||||||
7 | which the Department is providing child support
enforcement | ||||||
8 | services
under Article X of the Illinois Public Aid Code. | ||||||
9 | Unless otherwise ordered by
the
court at the time fees and | ||||||
10 | costs are
approved, all fees and costs payable to an attorney, | ||||||
11 | guardian ad litem, or
child's representative under this Section | ||||||
12 | are by implication deemed to be in
the nature of support of the | ||||||
13 | child and are within the exceptions to discharge
in bankruptcy | ||||||
14 | under 11 U.S.C.A. 523. The provisions of Sections 501 and 508 | ||||||
15 | of
this Act shall apply to fees and costs for attorneys | ||||||
16 | appointed under this
Section.
| ||||||
17 | (b) Upon the request of a mother or child seeking to | ||||||
18 | establish the
existence of a father and child relationship, the | ||||||
19 | State's Attorney shall
represent the mother or child in the | ||||||
20 | trial court. If the child is an
applicant for or a recipient of | ||||||
21 | assistance as defined in Section 2-6 of
"The Illinois Public | ||||||
22 | Aid Code", approved April 11, 1967, as amended, or has
applied | ||||||
23 | to the Illinois Department of Child Support Services
Public Aid
| ||||||
24 | for services under Article
X of such Code, the Department may | ||||||
25 | file a complaint in the child's behalf
under this Act. The | ||||||
26 | Department shall refer the complaint to the Public Aid
Claims | ||||||
27 | Enforcement Division of the Office of the Attorney General as
| ||||||
28 | provided in Section 12-16 of "The Illinois Public Aid Code" for | ||||||
29 | enforcement
by the Attorney General. Legal representation by | ||||||
30 | the State's Attorney or
the Attorney General shall be limited | ||||||
31 | to the establishment and enforcement
of an order for support, | ||||||
32 | and shall not extend to visitation, custody,
property or other | ||||||
33 | matters. If visitation, custody, property or other
matters are | ||||||
34 | raised by a party and considered by the court in any proceeding
| ||||||
35 | under this Act, the court shall provide a continuance | ||||||
36 | sufficient to enable
the mother or child to obtain |
| |||||||
| |||||||
1 | representation for such matters.
| ||||||
2 | (c) The Court may appoint counsel to
represent any
indigent | ||||||
3 | defendant in the
trial court, except that this representation | ||||||
4 | shall be limited to the
establishment of a parent and child | ||||||
5 | relationship and an order for support,
and shall not extend to | ||||||
6 | visitation, custody, property, enforcement of an
order for | ||||||
7 | support, or other matters. If visitation, custody, property
or | ||||||
8 | other matters are raised by a party and considered by the court | ||||||
9 | in any
proceeding under this Act, the court shall provide a | ||||||
10 | continuance sufficient
to enable the defendant to obtain | ||||||
11 | representation for such matters.
| ||||||
12 | (d) The court shall furnish on request of any indigent | ||||||
13 | party a
transcript for purposes of appeal.
| ||||||
14 | (Source: P.A. 91-410, eff. 1-1-00; 92-590, eff. 7-1-02.)
| ||||||
15 | (750 ILCS 45/21) (from Ch. 40, par. 2521)
| ||||||
16 | Sec. 21. Support payments; receiving and disbursing | ||||||
17 | agents.
| ||||||
18 | (1) In an action filed in a county of less than 3 million
| ||||||
19 | population in which an order for child support is entered, and | ||||||
20 | in supplementary
proceedings in such a county to enforce or | ||||||
21 | vary the terms of
such order arising out of an action filed in | ||||||
22 | such a county,
the court, except in actions or supplementary | ||||||
23 | proceedings in which the
pregnancy and delivery expenses of the | ||||||
24 | mother or the child support payments
are for a recipient of aid | ||||||
25 | under the Illinois Public Aid Code, shall direct
that child | ||||||
26 | support payments be made to the clerk of the court unless in | ||||||
27 | the
discretion of the court exceptional circumstances warrant | ||||||
28 | otherwise. In
cases where payment is to be made to persons | ||||||
29 | other than the clerk of the
court the judgment or order of | ||||||
30 | support shall set forth the facts of the
exceptional | ||||||
31 | circumstances.
| ||||||
32 | (2) In an action filed in a county of 3 million or more
| ||||||
33 | population in which an order for child support is entered, and | ||||||
34 | in supplementary
proceedings in such a county to enforce or | ||||||
35 | vary the terms of
such order arising out of an action filed in |
| |||||||
| |||||||
1 | such a county, the court, except in actions or supplementary | ||||||
2 | proceedings
in which the pregnancy and delivery expenses of the | ||||||
3 | mother or
the child support payments are for a recipient of aid | ||||||
4 | under the Illinois
Public Aid Code, shall direct that child | ||||||
5 | support payments be made either to
the clerk of the court or to | ||||||
6 | the Court Service Division of the County
Department of Public | ||||||
7 | Aid, or to the clerk of the court or to the Illinois
Department | ||||||
8 | of Child Support Services
Public Aid , unless in the discretion | ||||||
9 | of the court exceptional
circumstances warrant otherwise. In | ||||||
10 | cases where payment is to be made to
persons other than the | ||||||
11 | clerk of the court, the Court Service Division of
the County | ||||||
12 | Department of Public Aid, or the Illinois Department of Child | ||||||
13 | Support Services
Public
Aid , the judgment or order of support | ||||||
14 | shall set forth the facts of the
exceptional circumstances.
| ||||||
15 | (3) Where the action or supplementary proceeding is in | ||||||
16 | behalf of a
mother for pregnancy and delivery expenses or for | ||||||
17 | child support, or both,
and the mother, child, or both, are | ||||||
18 | recipients of aid under the Illinois
Public Aid Code, the court | ||||||
19 | shall order that the payments be made directly
to (a) the | ||||||
20 | Illinois Department of Child Support Services
Public Aid if the | ||||||
21 | mother or child, or
both, are recipients under Articles IV or V | ||||||
22 | of the Code, or (b) the local
governmental unit responsible for | ||||||
23 | the support of the mother or child, or
both, if they are | ||||||
24 | recipients under Articles VI or VII of the Code.
In accordance | ||||||
25 | with federal law and regulations, the Illinois Department of | ||||||
26 | Child Support Services
Public Aid may continue to collect | ||||||
27 | current maintenance payments or child
support payments, or | ||||||
28 | both, after those persons cease to receive public
assistance | ||||||
29 | and until termination of services under Article X of the | ||||||
30 | Illinois
Public Aid Code. The Illinois Department of Child | ||||||
31 | Support Services
Public Aid shall pay the net
amount collected | ||||||
32 | to those persons after deducting any costs incurred in making
| ||||||
33 | the collection or any collection fee from the amount of any | ||||||
34 | recovery made. The
Illinois Department of Child Support | ||||||
35 | Services
Public Aid or the local governmental unit, as the case
| ||||||
36 | may be, may direct that payments be made directly to the mother |
| |||||||
| |||||||
1 | of the child,
or to some other person or agency in the child's | ||||||
2 | behalf, upon the removal of
the mother and child from the | ||||||
3 | public aid rolls or upon termination of services
under Article | ||||||
4 | X of the Illinois Public Aid Code; and upon such direction, the
| ||||||
5 | Illinois Department or the local governmental unit, as the case | ||||||
6 | requires, shall
give notice of such action to the court in | ||||||
7 | writing or by electronic
transmission.
| ||||||
8 | (4) All clerks of the court and the Court Service Division | ||||||
9 | of a County
Department of Public Aid and the Illinois
| ||||||
10 | Department of Child Support Services
Public Aid ,
receiving | ||||||
11 | child support payments under paragraphs
(1) or (2) shall | ||||||
12 | disburse the same to the person or persons entitled
thereto | ||||||
13 | under the terms of the order. They shall establish and maintain
| ||||||
14 | clear and current records of all moneys received and disbursed | ||||||
15 | and of
defaults and delinquencies in required payments. The | ||||||
16 | court, by order or
rule, shall make provision for the carrying | ||||||
17 | out of these duties.
| ||||||
18 | Upon notification in writing or by electronic transmission | ||||||
19 | from
the Illinois Department of Child Support Services
Public | ||||||
20 | Aid to the clerk of the court that a
person who is receiving | ||||||
21 | support payments under this Section is receiving
services under | ||||||
22 | the Child Support Enforcement Program established by Title IV-D
| ||||||
23 | of the Social Security Act, any support payments subsequently | ||||||
24 | received by the
clerk of the court shall be transmitted in | ||||||
25 | accordance with the instructions of
the Illinois Department of | ||||||
26 | Child Support Services
Public Aid until the Department gives | ||||||
27 | notice to
cease the transmittal. After providing the | ||||||
28 | notification authorized under this
paragraph, the
Illinois
| ||||||
29 | Department of Child Support Services
Public Aid shall be | ||||||
30 | entitled as a party to notice of any
further proceedings in the | ||||||
31 | case. The clerk of the court shall file a copy of
the Illinois
| ||||||
32 | Department of Child Support Services'
Public Aid's
| ||||||
33 | notification in the court file. The
failure of the clerk to | ||||||
34 | file a copy of the notification in the court file shall
not, | ||||||
35 | however, affect the Illinois Department of Child Support | ||||||
36 | Services'
Public Aid's right to receive
notice of further |
| |||||||
| |||||||
1 | proceedings.
| ||||||
2 | Payments under this Section to the Illinois Department of | ||||||
3 | Child Support Services
Public
Aid pursuant to the Child Support | ||||||
4 | Enforcement Program established by
Title IV-D of the Social | ||||||
5 | Security Act shall be paid into the Child Support
Enforcement | ||||||
6 | Trust Fund. All payments under this Section to the
Illinois | ||||||
7 | Department of Human Services shall be deposited in
the DHS | ||||||
8 | Recoveries Trust Fund. Disbursement from
these funds shall be | ||||||
9 | as provided in the Illinois Public Aid Code. Payments
received | ||||||
10 | by a local governmental unit shall be deposited in that unit's | ||||||
11 | General
Assistance Fund.
| ||||||
12 | (5) The moneys received by persons or agencies designated | ||||||
13 | by the
court shall be disbursed by them in accordance with the | ||||||
14 | order. However,
the court, on petition of the state's attorney, | ||||||
15 | may enter new orders
designating the clerk of the court or the | ||||||
16 | Illinois Department of Child Support Services
Public Aid ,
as | ||||||
17 | the person or agency authorized to receive and disburse child | ||||||
18 | support
payments and, in the case of recipients of public aid, | ||||||
19 | the court, on
petition of the Attorney General or State's | ||||||
20 | Attorney, shall direct
subsequent payments to be paid to the | ||||||
21 | Illinois Department of Child Support Services
Public Aid or
to | ||||||
22 | the appropriate local governmental unit, as provided in | ||||||
23 | paragraph (3).
Payments of child support by principals or | ||||||
24 | sureties on bonds, or proceeds
of any sale for the enforcement | ||||||
25 | of a judgment shall be made to the clerk of
the court, the | ||||||
26 | Illinois Department of Child Support Services
Public Aid or the | ||||||
27 | appropriate local
governmental unit, as the respective | ||||||
28 | provisions of this Section require.
| ||||||
29 | (6) For those cases in which child support is payable to | ||||||
30 | the clerk of
the circuit court for transmittal to the Illinois
| ||||||
31 | Department of Child Support Services
Public Aid
by order of | ||||||
32 | court or upon notification by the Illinois Department of Child | ||||||
33 | Support Services
Public
Aid , the clerk shall transmit all such | ||||||
34 | payments, within 4
working days of receipt, to insure that | ||||||
35 | funds are available for immediate
distribution by the | ||||||
36 | Department to the person or entity entitled thereto in
|
| |||||||
| |||||||
1 | accordance with standards of the Child Support Enforcement | ||||||
2 | Program
established under Title IV-D of the Social Security | ||||||
3 | Act. The clerk shall
notify the Department of the date of | ||||||
4 | receipt and amount thereof at the time
of transmittal. Where | ||||||
5 | the clerk has entered into an agreement of
cooperation with the | ||||||
6 | Department to record the terms of child support orders
and | ||||||
7 | payments made thereunder directly into the Department's | ||||||
8 | automated data
processing system, the clerk shall account for, | ||||||
9 | transmit and
otherwise distribute child support payments in | ||||||
10 | accordance with such
agreement in lieu of the requirements | ||||||
11 | contained herein.
| ||||||
12 | (7) To the extent the provisions of this Section are | ||||||
13 | inconsistent with
the requirements pertaining to the State | ||||||
14 | Disbursement Unit under Section 21.1
of this Act and Section | ||||||
15 | 10-26 of the Illinois Public Aid Code, the requirements
| ||||||
16 | pertaining to the State Disbursement Unit shall apply.
| ||||||
17 | (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 91-357, | ||||||
18 | eff. 7-29-99;
92-16, eff. 6-28-01.)
| ||||||
19 | (750 ILCS 45/21.1)
| ||||||
20 | Sec. 21.1. Payment of Support to State Disbursement Unit.
| ||||||
21 | (a) As used in this Section:
| ||||||
22 | "Order for support", "obligor", "obligee", and "payor" | ||||||
23 | mean those terms as
defined in the Income Withholding for | ||||||
24 | Support Act, except that "order for
support" shall not mean | ||||||
25 | orders providing for spousal maintenance under which
there is | ||||||
26 | no child support obligation.
| ||||||
27 | (b) Notwithstanding any other provision of this Act to the | ||||||
28 | contrary, each
order
for
support entered or modified on or | ||||||
29 | after October 1, 1999 shall require that
support
payments be | ||||||
30 | made to the State Disbursement Unit established under Section | ||||||
31 | 10-26
of the
Illinois Public Aid Code if:
| ||||||
32 | (1) a party to the order is receiving child support
| ||||||
33 | enforcement services under Article X of the Illinois Public | ||||||
34 | Aid Code; or
| ||||||
35 | (2) no party to the order is receiving child support
|
| |||||||
| |||||||
1 | enforcement services, but the support payments are made | ||||||
2 | through income
withholding.
| ||||||
3 | (c) Support payments shall be
made to the State
| ||||||
4 | Disbursement Unit if:
| ||||||
5 | (1) the order for support was entered before October 1, | ||||||
6 | 1999, and a party
to the order is receiving child support | ||||||
7 | enforcement services
under Article X of the Illinois Public | ||||||
8 | Aid Code; or
| ||||||
9 | (2) no party to the order is receiving child support | ||||||
10 | enforcement services, and the support payments
are being | ||||||
11 | made through income withholding.
| ||||||
12 | (c-5) If no party to the order is receiving child support
| ||||||
13 | enforcement services under Article X of the Illinois Public Aid | ||||||
14 | Code, and
the support
payments are not made through income | ||||||
15 | withholding, then support payments shall
be made as directed by | ||||||
16 | the order for support.
| ||||||
17 | (c-10) At any time, and notwithstanding the existence of an | ||||||
18 | order
directing payments
to be made elsewhere, the Department | ||||||
19 | of Child Support Services
Public Aid may provide notice to the
| ||||||
20 | obligor and, where applicable, to the obligor's payor:
| ||||||
21 | (1) to make support payments to the State Disbursement | ||||||
22 | Unit if:
| ||||||
23 | (A) a party to the order for support is receiving | ||||||
24 | child support
enforcement services under Article X of | ||||||
25 | the Illinois Public Aid Code; or
| ||||||
26 | (B) no party to the order for support is receiving | ||||||
27 | child support
enforcement services under Article X of | ||||||
28 | the Illinois Public Aid Code, but the
support payments | ||||||
29 | are
made through income withholding; or
| ||||||
30 | (2) to make support payments to the State Disbursement | ||||||
31 | Unit of another
state upon request of another state's Title | ||||||
32 | IV-D child support enforcement
agency, in accordance with | ||||||
33 | the requirements of Title IV, Part D of the Social
Security | ||||||
34 | Act and regulations promulgated under that Part D.
| ||||||
35 | The Department of Child Support Services
Public Aid shall | ||||||
36 | provide a copy of the notice to the
obligee
and to the clerk of |
| |||||||
| |||||||
1 | the circuit court.
| ||||||
2 | (c-15) Within 15 days after the effective date of this | ||||||
3 | amendatory Act of the
91st General
Assembly, the clerk of the | ||||||
4 | circuit court shall provide written notice to the
obligor to | ||||||
5 | directly to the clerk of the circuit court if no party to the | ||||||
6 | order
is receiving child
support enforcement services under | ||||||
7 | Article X of the Illinois Public Aid
Code, the support
payments | ||||||
8 | are not made through income withholding, and the order for
| ||||||
9 | support requires support payments to be made directly to the | ||||||
10 | clerk of the
circuit court. The clerk shall provide a copy of | ||||||
11 | the notice to the
obligee.
| ||||||
12 | (c-20) If the State Disbursement Unit receives a support | ||||||
13 | payment that was
not
appropriately
made to the Unit under this | ||||||
14 | Section, the Unit shall immediately return the
payment to the | ||||||
15 | sender, including, if possible, instructions detailing where | ||||||
16 | to
send the support payments.
| ||||||
17 | (d) The notices under subsections (c-10) and
(c-15) may be | ||||||
18 | sent by ordinary mail,
certified mail, return receipt | ||||||
19 | requested, facsimile transmission, or other
electronic | ||||||
20 | process, or may be served upon the obligor or payor using any | ||||||
21 | method
provided by law for service of a summons.
| ||||||
22 | (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00; | ||||||
23 | 92-590, eff. 7-1-02.)
| ||||||
24 | (750 ILCS 45/22) (from Ch. 40, par. 2522)
| ||||||
25 | Sec. 22. In all cases instituted by the Department of Child | ||||||
26 | Support Services or its predecessor, the Illinois Department of | ||||||
27 | Public
Aid , on behalf of a child or spouse, other than one | ||||||
28 | receiving a grant of
financial aid under Article IV of The | ||||||
29 | Illinois Public Aid Code, on whose
behalf an application has | ||||||
30 | been made and approved for child support
enforcement services | ||||||
31 | as
provided by Section 10-1 of that Code, the court shall | ||||||
32 | impose a collection
fee on the individual who owes a child or | ||||||
33 | spouse support obligation in an
amount equal to 10% of the | ||||||
34 | amount so owed as long as such collection is
required by | ||||||
35 | federal law, which fee shall be in addition to the support
|
| |||||||
| |||||||
1 | obligation. The imposition of such fee shall be in accordance | ||||||
2 | with
provisions of Title IV, Part D, of the Social Security Act | ||||||
3 | and regulations
duly promulgated thereunder. The fee shall be | ||||||
4 | payable to the clerk of the
circuit court for transmittal to | ||||||
5 | the Illinois Department of Child Support Services
Public Aid
| ||||||
6 | and
shall continue until support services are terminated by | ||||||
7 | that Department.
| ||||||
8 | (Source: P.A. 92-590, eff. 7-1-02.)
| ||||||
9 | (750 ILCS 45/23) (from Ch. 40, par. 2523)
| ||||||
10 | Sec. 23. Notice to Clerk of Circuit Court of Payment | ||||||
11 | Received by
Illinois Department of Child Support Services
| ||||||
12 | Public Aid for Recording. For those cases in which
support is | ||||||
13 | payable to the clerk of the circuit court for transmittal to | ||||||
14 | the
Illinois Department of Child Support Services
Public Aid by | ||||||
15 | order of court, and the Illinois
Department of Child Support | ||||||
16 | Services
Public Aid collects support by assignment offset, | ||||||
17 | withhold,
deduction or other process permitted by law, the | ||||||
18 | Illinois Department of Child Support Services
Public Aid shall | ||||||
19 | notify the clerk of the date and amount of such
collection. | ||||||
20 | Upon notification, the clerk shall record the collection on the
| ||||||
21 | payment record for the case.
| ||||||
22 | (Source: P.A. 83-1372.)
| ||||||
23 | Section 1030. The Business Corporation Act of 1983 is | ||||||
24 | amended by changing Section 1.25 as follows:
| ||||||
25 | (805 ILCS 5/1.25) (from Ch. 32, par. 1.25)
| ||||||
26 | Sec. 1.25. List of corporations; exchange of information.
| ||||||
27 | (a) The Secretary of State shall
publish each year a list | ||||||
28 | of corporations filing an annual report for the
preceding year | ||||||
29 | in accordance with the provisions of this Act, which report
| ||||||
30 | shall state the name of the corporation and the respective | ||||||
31 | names and addresses
of the president, secretary, and registered | ||||||
32 | agent thereof and the address
of the registered office in this | ||||||
33 | State of each such corporation. The Secretary
of State shall |
| |||||||
| |||||||
1 | furnish without charge a copy of such report to each
recorder | ||||||
2 | of this State, and to each member of the General Assembly
and | ||||||
3 | to each State agency or department requesting the same. The | ||||||
4 | Secretary
of State shall, upon receipt of a written request and | ||||||
5 | a fee as determined by
the
Secretary, furnish such report to | ||||||
6 | anyone else.
| ||||||
7 | (b) (1) The Secretary of State shall publish daily a list | ||||||
8 | of all newly
formed corporations, business and not for profit, | ||||||
9 | chartered by him on that
day issued after receipt of the | ||||||
10 | application. The daily list shall contain
the same information | ||||||
11 | as to each corporation as is provided for the corporation
list | ||||||
12 | published under subsection (a) of this Section. The daily list | ||||||
13 | may be
obtained at the Secretary's office by any person, | ||||||
14 | newspaper, State department
or agency, or local government for | ||||||
15 | a reasonable charge to be determined
by the Secretary. | ||||||
16 | Inspection of the daily list may be made at the Secretary's
| ||||||
17 | office during normal business hours without charge by any | ||||||
18 | person, newspaper,
State department or agency, or local | ||||||
19 | government.
| ||||||
20 | (2) The Secretary shall compile the daily list mentioned in | ||||||
21 | paragraph
(1) of subsection (b) of this Section monthly, or | ||||||
22 | more often at the
Secretary's discretion.
The compilation shall | ||||||
23 | be immediately mailed free of charge to all local
governments | ||||||
24 | requesting in writing receipt of such publication, or shall
be | ||||||
25 | automatically mailed by the Secretary without charge to local | ||||||
26 | governments
as determined by the Secretary. The Secretary shall | ||||||
27 | mail a copy of the
compilations free of charge to all State | ||||||
28 | departments or agencies making
a written request. A request for | ||||||
29 | a compilation of the daily list once made
by a local government | ||||||
30 | or State department or agency need not be renewed.
However, the | ||||||
31 | Secretary may request from time to time whether the local
| ||||||
32 | governments
or State departments or agencies desire to continue | ||||||
33 | receiving the compilation.
| ||||||
34 | (3) The compilations of the daily list mentioned in | ||||||
35 | paragraph (2) of
subsection (b)
of this Section shall be mailed | ||||||
36 | to newspapers, or any other person not included
as a recipient |
| |||||||
| |||||||
1 | in paragraph (2) of subsection (b) of this Section, upon
| ||||||
2 | receipt of a written
application signed by the applicant and | ||||||
3 | accompanied by the payment of a
fee as determined by the | ||||||
4 | Secretary.
| ||||||
5 | (c) If a domestic or foreign corporation has filed with the
| ||||||
6 | Secretary of State an annual report for the preceding year or | ||||||
7 | has
been newly formed or is otherwise and in any manner | ||||||
8 | registered
with the Secretary of State, the Secretary of State | ||||||
9 | shall exchange
with the Illinois Department of Child Support | ||||||
10 | Services
Public Aid
any information concerning that | ||||||
11 | corporation that may be
necessary for the enforcement of child | ||||||
12 | support orders entered
pursuant to the Illinois Public Aid | ||||||
13 | Code, the Illinois Marriage and
Dissolution of Marriage Act, | ||||||
14 | the Non-Support of Spouse and
Children Act, the Non-Support | ||||||
15 | Punishment Act, the Revised Uniform Reciprocal Enforcement of | ||||||
16 | Support Act, the
Uniform Interstate Family Support Act, or the
| ||||||
17 | Illinois Parentage Act of 1984.
| ||||||
18 | Notwithstanding any provisions in this Act to the contrary,
| ||||||
19 | the Secretary of State shall not be liable
to any person for | ||||||
20 | any disclosure of information to the Department of Child | ||||||
21 | Support Services or its predecessor, the Illinois
Department of | ||||||
22 | Public Aid , under this subsection or for
any other
action taken | ||||||
23 | in good faith to comply with the requirements of this
| ||||||
24 | subsection.
| ||||||
25 | (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)
| ||||||
26 | Section 1035. The Limited Liability Company Act is amended | ||||||
27 | by changing Section 50-5 as follows:
| ||||||
28 | (805 ILCS 180/50-5)
| ||||||
29 | Sec. 50-5. List of limited liability companies; exchange of | ||||||
30 | information.
| ||||||
31 | (a) The Secretary of State may publish a list or lists
of | ||||||
32 | limited liability companies and foreign limited liability
| ||||||
33 | companies, as often, in the format, and for the fees as the
| ||||||
34 | Secretary of State may in his or her discretion provide by |
| |||||||
| |||||||
1 | rule.
The Secretary of State may disseminate information | ||||||
2 | concerning limited
liability companies and foreign limited | ||||||
3 | liability companies
by computer network in the format and for | ||||||
4 | the fees as may be
determined by rule.
| ||||||
5 | (b) Upon written request, any list published under | ||||||
6 | subsection (a) shall be
free to each member of the General | ||||||
7 | Assembly, to each State
agency or department, and to each | ||||||
8 | recorder in this State.
An appropriate fee established by rule | ||||||
9 | to cover the cost of producing the list
shall be charged to all | ||||||
10 | others.
| ||||||
11 | (c) If a domestic or foreign limited liability company has
| ||||||
12 | filed with the Secretary of State an annual report for the | ||||||
13 | preceding
year or has been newly formed or is otherwise and in | ||||||
14 | any manner
registered with the Secretary of State, the | ||||||
15 | Secretary of State shall
exchange with the Illinois Department | ||||||
16 | of Child Support Services
Public Aid
any information concerning | ||||||
17 | that limited liability
company that may be necessary for the | ||||||
18 | enforcement of child
support orders entered pursuant to the | ||||||
19 | Illinois Public Aid Code, the
Illinois Marriage and Dissolution | ||||||
20 | of Marriage Act, the Non-Support of Spouse
and Children Act, | ||||||
21 | the Non-Support Punishment Act, the Revised Uniform Reciprocal | ||||||
22 | Enforcement
of Support Act, the Uniform Interstate Family
| ||||||
23 | Support Act, or the Illinois Parentage Act of 1984.
| ||||||
24 | Notwithstanding any provisions in this Act to the contrary,
| ||||||
25 | the Secretary of State shall not be liable
to any person for | ||||||
26 | any disclosure of information to the Department of Child | ||||||
27 | Support Services or its predecessor, the Illinois
Department of | ||||||
28 | Public Aid , under this subsection or for any other
action taken | ||||||
29 | in good faith to comply with the requirements of this
| ||||||
30 | subsection.
| ||||||
31 | (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)
| ||||||
32 | Section 1040. The Unemployment Insurance Act is amended by | ||||||
33 | changing Section 1300 as follows:
| ||||||
34 | (820 ILCS 405/1300) (from Ch. 48, par. 540)
|
| |||||||
| |||||||
1 | Sec. 1300. Waiver or transfer of benefit rights - Partial | ||||||
2 | exemption.
| ||||||
3 | (A) Except as otherwise provided herein any agreement by an | ||||||
4 | individual
to waive, release or commute his rights under this | ||||||
5 | Act shall be void.
| ||||||
6 | (B) Benefits due under this Act shall not be assigned, | ||||||
7 | pledged, encumbered,
released or commuted and shall be exempt | ||||||
8 | from all claims of creditors and
from levy, execution and | ||||||
9 | attachment or other remedy for recovery or
collection of a | ||||||
10 | debt. However, nothing in this Section shall prohibit a
| ||||||
11 | specified or agreed upon deduction from benefits by an | ||||||
12 | individual, or a
court or administrative order for withholding | ||||||
13 | of income, for payment of
past due child support from being | ||||||
14 | enforced and collected by the Department
of Child Support | ||||||
15 | Services
Public Aid on behalf of persons receiving a grant of | ||||||
16 | financial aid under
Article IV of the Illinois Public Aid Code, | ||||||
17 | persons for whom an application
has been made and approved for | ||||||
18 | child support enforcement services under
Section 10-1 of such
| ||||||
19 | Code, or persons similarly situated and receiving like services
| ||||||
20 | in other states. It is provided that:
| ||||||
21 | (1) The aforementioned deduction of benefits and order | ||||||
22 | for withholding
of income apply only if appropriate | ||||||
23 | arrangements have been made for
reimbursement to the | ||||||
24 | Director by the Department of Child Support Services
Public | ||||||
25 | Aid for any
administrative costs incurred by the Director | ||||||
26 | under this Section.
| ||||||
27 | (2) The Director shall deduct and withhold from | ||||||
28 | benefits payable under
this Act, or under any arrangement | ||||||
29 | for the payment of benefits entered into
by the Director | ||||||
30 | pursuant to the powers granted under Section 2700 of this
| ||||||
31 | Act, the amount specified or agreed upon. In the case of a | ||||||
32 | court
or administrative order for withholding of income, | ||||||
33 | the Director shall
withhold the amount of the order.
| ||||||
34 | (3) Any amount deducted and withheld by the Director | ||||||
35 | shall be paid to
the Department of Child Support Services
| ||||||
36 | Public Aid or the State Disbursement Unit established
under |
| |||||||
| |||||||
1 | Section 10-26 of the Illinois Public Aid Code, as directed | ||||||
2 | by the
Department of Child Support Services
Public Aid , on | ||||||
3 | behalf of the individual.
| ||||||
4 | (4) Any amount deducted and withheld under subsection | ||||||
5 | (3) shall for all
purposes be treated as if it were paid to | ||||||
6 | the individual as benefits and
paid by such individual to | ||||||
7 | the Department of Child Support Services
Public Aid or the | ||||||
8 | State
Disbursement Unit in satisfaction of the | ||||||
9 | individual's child support
obligations.
| ||||||
10 | (5) For the purpose of this Section, child support is | ||||||
11 | defined
as those obligations which are being enforced | ||||||
12 | pursuant to a plan described
in Title IV, Part D, Section | ||||||
13 | 454 of the Social Security Act and approved
by the | ||||||
14 | Secretary of Health and Human Services.
| ||||||
15 | (6) The deduction of benefits and order for withholding | ||||||
16 | of income for
child support shall be governed by Titles III | ||||||
17 | and IV of the Social Security
Act and all regulations duly | ||||||
18 | promulgated thereunder.
| ||||||
19 | (C) Nothing in this Section prohibits an individual from | ||||||
20 | voluntarily
electing to have federal income tax deducted and | ||||||
21 | withheld from his or her
unemployment insurance benefit | ||||||
22 | payments.
| ||||||
23 | (1) The Director shall, at the time that an individual | ||||||
24 | files his or her
claim for benefits that establishes his or | ||||||
25 | her benefit year, inform the
individual that:
| ||||||
26 | (a) unemployment insurance is subject to federal, | ||||||
27 | State, and local
income
taxes;
| ||||||
28 | (b) requirements exist pertaining to estimated tax | ||||||
29 | payments;
| ||||||
30 | (c) the individual may elect to have federal income | ||||||
31 | tax deducted and
withheld from his or her payments of | ||||||
32 | unemployment insurance in the amount
specified in the | ||||||
33 | federal Internal Revenue Code; and
| ||||||
34 | (d) the individual is permitted to change a | ||||||
35 | previously elected
withholding status.
| ||||||
36 | (2) Amounts deducted and withheld from unemployment |
| |||||||
| |||||||
1 | insurance shall remain
in the unemployment fund until | ||||||
2 | transferred to the federal taxing authority as a
payment of | ||||||
3 | income tax.
| ||||||
4 | (3) The Director shall follow all procedures specified | ||||||
5 | by the United
States Department of Labor and the federal | ||||||
6 | Internal Revenue Service pertaining
to the deducting and | ||||||
7 | withholding of income tax.
| ||||||
8 | (4) Amounts shall be deducted and withheld in | ||||||
9 | accordance with the
priorities established in rules | ||||||
10 | promulgated by the Director.
| ||||||
11 | (D) Nothing in this Section prohibits an individual from | ||||||
12 | voluntarily
electing to have State of Illinois income tax | ||||||
13 | deducted and withheld from his or
her unemployment insurance | ||||||
14 | benefit payments if such deduction and withholding
is provided | ||||||
15 | for pursuant to rules promulgated by the Director.
| ||||||
16 | (1) If pursuant to rules promulgated by the Director, | ||||||
17 | an individual
may voluntarily elect to have State of | ||||||
18 | Illinois income tax deducted and
withheld from his or her | ||||||
19 | unemployment insurance benefit payments, the Director
| ||||||
20 | shall, at the time that an individual files his or her | ||||||
21 | claim for benefits that
establishes his or her benefit | ||||||
22 | year, in addition to providing the notice
required under | ||||||
23 | subsection C, inform the individual that:
| ||||||
24 | (a) the individual may elect to have State of | ||||||
25 | Illinois income tax
deducted and withheld from his or | ||||||
26 | her payments of unemployment insurance in the
amount | ||||||
27 | specified pursuant to rules promulgated by the | ||||||
28 | Director; and
| ||||||
29 | (b) the individual is permitted to change a | ||||||
30 | previously elected
withholding status.
| ||||||
31 | (2) Amounts deducted and withheld from unemployment | ||||||
32 | insurance shall remain
in the unemployment fund until | ||||||
33 | transferred to the Department of Revenue as a
payment of | ||||||
34 | State of Illinois income tax.
| ||||||
35 | (3) Amounts shall be deducted and withheld in | ||||||
36 | accordance with the
priorities established in rules |
| |||||||
| |||||||
1 | promulgated by the Director.
| ||||||
2 | (E) Nothing in this Section prohibits the deduction and | ||||||
3 | withholding of an
uncollected overissuance of food stamp | ||||||
4 | coupons from unemployment insurance
benefits pursuant to this | ||||||
5 | subsection (E).
| ||||||
6 | (1) At the time that an individual files a claim for | ||||||
7 | benefits that
establishes his or her benefit year, that | ||||||
8 | individual must disclose whether or
not he or she owes an | ||||||
9 | uncollected overissuance (as defined in Section 13(c)(1)
| ||||||
10 | of the federal Food Stamp Act of 1977) of food stamp | ||||||
11 | coupons. The Director
shall notify the State food stamp | ||||||
12 | agency enforcing such obligation of any
individual who | ||||||
13 | discloses that he or she owes an uncollected overissuance | ||||||
14 | of
food stamp coupons and who meets the monetary | ||||||
15 | eligibility requirements of
subsection E of
Section 500.
| ||||||
16 | (2) The Director shall deduct and withhold from any | ||||||
17 | unemployment insurance
benefits payable to an individual | ||||||
18 | who owes an uncollected overissuance of food
stamp coupons:
| ||||||
19 | (a) the amount specified by the individual to the | ||||||
20 | Director to be
deducted and withheld under this | ||||||
21 | subsection (E);
| ||||||
22 | (b) the amount (if any) determined pursuant to an | ||||||
23 | agreement submitted
to the State food stamp agency | ||||||
24 | under Section 13(c)(3)(A) of the federal Food
Stamp Act | ||||||
25 | of 1977; or
| ||||||
26 | (c) any amount otherwise required to be deducted | ||||||
27 | and withheld from
unemployment insurance benefits | ||||||
28 | pursuant to Section 13(c)(3)(B) of the federal
Food | ||||||
29 | Stamp Act of 1977.
| ||||||
30 | (3) Any amount deducted and withheld pursuant to this | ||||||
31 | subsection (E) shall
be paid by the Director to the State | ||||||
32 | food stamp agency.
| ||||||
33 | (4) Any amount deducted and withheld pursuant to this | ||||||
34 | subsection (E) shall
for all purposes be treated as if it | ||||||
35 | were paid to the individual as
unemployment insurance | ||||||
36 | benefits and paid by the individual to the State food
stamp |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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1 | agency as repayment of the individual's uncollected | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | overissuance of food
stamp coupons.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | (5) For purposes of this subsection (E), "unemployment | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | insurance benefits"
means any compensation payable under | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | this Act including amounts payable by the
Director pursuant | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | to an agreement under any federal law providing for
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | compensation, assistance, or allowances with respect to | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | unemployment.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | (6) This subsection (E) applies only if arrangements | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | have been made for
reimbursement by the State food stamp | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | agency for the administrative costs
incurred by the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | Director under this subsection (E) which are attributable | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | to
the repayment of uncollected overissuances of food stamp | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | coupons to the State
food stamp agency.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | (Source: P.A. 91-212, eff. 7-20-99; 91-712, eff. 7-1-00; | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | 92-590, eff.
7-1-02.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | Section 9995. No acceleration or delay. Where this Act | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | makes changes in a
statute that is represented in this Act by | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | text that is not yet or no longer in
effect (for example, a | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | Section represented by multiple versions), the use of
that text | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | does not accelerate or delay the taking effect of (i) the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | changes
made by this Act or (ii) provisions derived from any | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | other Public Act.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | Section 9999. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | becoming law.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||