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91_HB3356
LRB9110276WHcs
1 AN ACT concerning child support, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Administrative Procedure Act is
5 amended by changing Section 10-65 as follows:
6 (5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
7 Sec. 10-65. Licenses.
8 (a) When any licensing is required by law to be preceded
9 by notice and an opportunity for a hearing, the provisions of
10 this Act concerning contested cases shall apply.
11 (b) When a licensee has made timely and sufficient
12 application for the renewal of a license or a new license
13 with reference to any activity of a continuing nature, the
14 existing license shall continue in full force and effect
15 until the final agency decision on the application has been
16 made unless a later date is fixed by order of a reviewing
17 court.
18 (c) An application for the renewal of a license or a new
19 license shall include the applicant's social security number.
20 Each agency shall require the licensee to certify on the
21 application form, under penalty of perjury, that he or she is
22 not more than 30 days delinquent in complying with a child
23 support order. Every application shall state that failure to
24 so certify shall result in disciplinary action, and that
25 making a false statement may subject the licensee to contempt
26 of court. The agency shall notify each applicant or licensee
27 who acknowledges a delinquency or who, contrary to his or her
28 certification, is found to be delinquent or who after
29 receiving notice, fails to comply with a subpoena or warrant
30 relating to a paternity or a child support proceeding, that
31 the agency intends to take disciplinary action. Accordingly,
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1 the agency shall provide written notice of the facts or
2 conduct upon which the agency will rely to support its
3 proposed action and the applicant or licensee shall be given
4 an opportunity for a hearing in accordance with the
5 provisions of the Act concerning contested cases. Any
6 delinquency in complying with a child support order can be
7 remedied by arranging for payment of past due and current
8 support. Any failure to comply with a subpoena or warrant
9 relating to a paternity or child support proceeding can be
10 remedied by complying with the subpoena or warrant. Upon a
11 final finding of delinquency or failure to comply with a
12 subpoena or warrant, the agency shall suspend, revoke, or
13 refuse to issue or renew the license. In cases in which the
14 Department of Public Aid (before the effective date of this
15 amendatory Act of the 91st General Assembly) or the Attorney
16 General (on and after that date) has previously determined
17 that an applicant or a licensee is more than 30 days
18 delinquent in the payment of child support and has
19 subsequently certified the delinquency to the licensing
20 agency, and in cases in which a court has previously
21 determined that an applicant or licensee has been in
22 violation of the Non-Support Punishment Act for more than 60
23 days, the licensing agency shall refuse to issue or renew or
24 shall revoke or suspend that person's license based solely
25 upon the certification of delinquency made by the Department
26 of Public Aid or the Attorney General or the certification of
27 violation made by the court. Further process, hearings, or
28 redetermination of the delinquency or violation by the
29 licensing agency shall not be required. The licensing
30 agency may issue or renew a license if the licensee has
31 arranged for payment of past and current child support
32 obligations in a manner satisfactory to the Department of
33 Public Aid (before the effective date of this amendatory Act
34 of the 91st General Assembly) or the Attorney General (on and
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1 after that date) or the court. The licensing agency may
2 impose conditions, restrictions, or disciplinary action upon
3 that license.
4 (d) Except as provided in subsection (c), no agency
5 shall revoke, suspend, annul, withdraw, amend materially, or
6 refuse to renew any valid license without first giving
7 written notice to the licensee of the facts or conduct upon
8 which the agency will rely to support its proposed action and
9 an opportunity for a hearing in accordance with the
10 provisions of this Act concerning contested cases. At the
11 hearing, the licensee shall have the right to show compliance
12 with all lawful requirements for the retention, continuation,
13 or renewal of the license. If, however, the agency finds
14 that the public interest, safety, or welfare imperatively
15 requires emergency action, and if the agency incorporates a
16 finding to that effect in its order, summary suspension of a
17 license may be ordered pending proceedings for revocation or
18 other action. Those proceedings shall be promptly instituted
19 and determined.
20 (e) Any application for renewal of a license that
21 contains required and relevant information, data, material,
22 or circumstances that were not contained in an application
23 for the existing license shall be subject to the provisions
24 of subsection (a).
25 (Source: P.A. 90-18, eff. 7-1-99; 91-613, eff. 10-1-99.)
26 Section 10. The Intergovernmental Cooperation Act is
27 amended by changing Section 3 as follows:
28 (5 ILCS 220/3) (from Ch. 127, par. 743)
29 Sec. 3. Intergovernmental cooperation. Any power or
30 powers, privileges, functions, or authority exercised or
31 which may be exercised by a public agency of this State may
32 be exercised, combined, transferred, and enjoyed jointly with
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1 any other public agency of this State and jointly with any
2 public agency of any other state or of the United States to
3 the extent that laws of such other state or of the United
4 States do not prohibit joint exercise or enjoyment and except
5 where specifically and expressly prohibited by law. This
6 includes, but is not limited to, (i) arrangements between the
7 Illinois Student Assistance Commission and agencies in other
8 states which issue professional licenses and (ii) agreements
9 between the Illinois Department of Public Aid (before the
10 effective date of this amendatory Act of the 91st General
11 Assembly) or the Attorney General (on and after that date)
12 and public agencies for the establishment and enforcement of
13 child support orders and for the exchange of information that
14 may be necessary for the enforcement of those child support
15 orders.
16 (Source: P.A. 90-18, eff. 7-1-97; 91-298, eff. 7-29-99.)
17 Section 15. The Attorney General Act is amended by
18 changing Section 4 and adding Sections 7.1 through 7.295 as
19 follows:
20 (15 ILCS 205/4) (from Ch. 14, par. 4)
21 Sec. 4. The duties of the Attorney General shall be--
22 First - To appear for and represent the people of the
23 State before the supreme court in all cases in which the
24 State or the people of the State are interested.
25 Notwithstanding this provision, the Office of Public Counsel
26 shall be authorized to represent the interests of the people
27 of the State in all proceedings pertinent to utility
28 regulation, including cases before the supreme court, where
29 any such case is properly brought by the Office pursuant to
30 its statutory duties and powers.
31 Second - To institute and prosecute all actions and
32 proceedings in favor of or for the use of the State, which
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1 may be necessary in the execution of the duties of any State
2 officer.
3 Third - To defend all actions and proceedings against any
4 State officer, in his official capacity, in any of the courts
5 of this State or the United States.
6 Fourth - To consult with and advise the several State's
7 Attorneys in matters relating to the duties of their office;
8 and when, in his judgment, the interest of the people of the
9 State requires it, he shall attend the trial of any party
10 accused of crime, and assist in the prosecution. When the
11 Attorney General has requested in writing that a State's
12 Attorney initiate court proceedings to enforce any provisions
13 of the Election Code or to initiate a criminal prosecution
14 with respect to a violation of the Election Code, and when
15 the State's Attorney has declined in writing to initiate
16 those proceedings or prosecutions or when the State's
17 Attorney has neither initiated the proceedings or
18 prosecutions nor responded in writing to the Attorney General
19 within 60 days of the receipt of the request, the Attorney
20 General may, concurrently with or independently of the
21 State's Attorney, initiate such proceedings or prosecutions.
22 Fifth - To investigate alleged violations of the statutes
23 which the Attorney General has a duty to enforce and to
24 conduct other investigations in connection with assisting in
25 the prosecution of a criminal offense at the request of a
26 State's Attorney.
27 Sixth - To consult with and advise the governor and other
28 State officers, and give, when requested, written opinions
29 upon all legal or constitutional questions relating to the
30 duties of such officers respectively.
31 Seventh - To prepare, when necessary, proper drafts for
32 contracts and other writings relating to subjects in which
33 the State is interested.
34 Eighth - To give written opinions, when requested by
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1 either branch of the general assembly, or any committee
2 thereof, upon constitutional or legal questions.
3 Ninth - To enforce the proper application of funds
4 appropriated to the public institutions of the State,
5 prosecute breaches of trust in the administration of such
6 funds, and, when necessary, prosecute corporations for
7 failure or refusal to make the reports required by law.
8 Tenth - To keep, a register of all cases prosecuted or
9 defended by him, in behalf of the State or its officers, and
10 of all proceedings had in relation thereto, and to deliver
11 the same to his successor in office.
12 Eleventh - To keep on file in his office a copy of the
13 official opinions issued by the Attorney General and deliver
14 same to his successor.
15 Twelfth - To pay into the State treasury all moneys
16 received by him for the use of the State, except as otherwise
17 provided in this Act.
18 Thirteenth - To attend to and perform any other duty
19 which may, from time to time, be required of him by law.
20 Fourteenth - To attend, present evidence to and prosecute
21 indictments returned by each Statewide Grand Jury.
22 (Source: P.A. 87-466.)
23 (15 ILCS 205/7.1 new)
24 Sec. 7.1. Transfer of powers from Department of Public
25 Aid.
26 (a) On the effective date of this amendatory Act of the
27 91st General Assembly, all the rights, powers, and duties
28 vested by law in the Illinois Department of Public Aid or the
29 Department's Child and Spouse Support Unit under Article X of
30 the Illinois Public Aid Code are transferred to the Attorney
31 General. Wherever, in any other Act, there is a reference to
32 the Illinois Department of Public Aid or the Department's
33 Child and Spouse Support Unit or to an officer, employee, or
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1 agent of that Department or Unit concerning rights, powers,
2 and duties vested or performed under the authority of Article
3 X of the Illinois Public Aid Code, that reference, beginning
4 on the effective date of this amendatory Act of the 91st
5 General Assembly, means the Attorney General, the Child and
6 Spouse Support Unit established under Section 7.20 of this
7 Act, or an officer, employee, or agent of the Attorney
8 General or the Child and Spouse Support Unit established
9 under Section 7.20.
10 (b) All books, records, property, pending business, and
11 funds pertaining to the rights, powers, and duties
12 transferred under this Section and in the custody of the
13 Illinois Department of Public Aid or the Department's Child
14 and Spouse Support Unit on the effective date of this
15 amendatory Act of the 91st General Assembly shall be
16 delivered and transferred to the Attorney General on that
17 date.
18 (c) Beginning on the effective date of this amendatory
19 Act of the 91st General Assembly, the rights, powers, and
20 duties transferred by this Section to the Attorney General
21 shall be vested in and shall be exercised by the Attorney
22 General subject to the provisions of this Section through
23 Section 7.295. Each act done in the exercise of those
24 rights, powers, and duties shall have the same legal effect
25 as if done by the Illinois Department of Public Aid or that
26 Department's Child and Spouse Support Unit.
27 (d) Beginning on the effective date of this amendatory
28 Act of the 91st General Assembly, every person and other
29 legal entity shall be subject to the same obligations and
30 duties, and civil and criminal penalties arising from those
31 obligations and duties, and shall have the same rights
32 arising from the exercise of rights, powers, and duties by
33 the Attorney General or an officer, employee, or agent of the
34 Attorney General, as if those rights, powers, and duties have
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1 been exercised by the Illinois Department of Public Aid, that
2 Department's Child and Spouse Support Unit, or an officer,
3 employee, or agent of that Department or Unit.
4 (e) Whenever reports or notices are now required to be
5 made or given or papers or documents furnished or served by
6 any person to or upon the Illinois Department of Public Aid
7 or that Department's Child and Spouse Support Unit under
8 Article X of the Illinois Public Aid Code, those reports or
9 notices shall, on and after the effective date of this
10 amendatory Act of the 91st General Assembly, be made, given,
11 furnished, or served in the same manner to or upon the
12 Attorney General.
13 (f) The provisions of this Section through Section 7.295
14 do not affect any act done, ratified, or cancelled, or any
15 right occurring or established, or any action or proceeding
16 had or commenced in an administrative, civil, or criminal
17 cause before the effective date of this amendatory Act of the
18 91st General Assembly by the Illinois Department of Public
19 Aid or that Department's Child and Spouse Support Unit under
20 Article X of the Illinois Public Aid Code, and those actions
21 or proceedings may be prosecuted and continued by the
22 Attorney General.
23 (g) No by-law, rule, or regulation adopted by the
24 Illinois Department of Public Aid as an exercise of a right,
25 power, or duty that has been transferred to the Attorney
26 General under this Section through Section 7.295 shall be
27 affected by those Sections. On the effective date of this
28 amendatory Act of the 91st General Assembly, those by-laws,
29 rules, and regulations shall become the by-laws, rules, and
30 regulations of the Attorney General.
31 (h) If waivers of any federal law or regulation are
32 necessary to enable the Attorney General to implement any
33 provisions of this amendatory Act of the 91st General
34 Assembly, the Attorney General, promptly after the effective
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1 date of this amendatory Act of the 91st General Assembly,
2 shall apply for those waivers, and implementation of those
3 provisions is conditioned on the Attorney General's receipt
4 of those waivers.
5 (i) Personnel employed by the Illinois Department of
6 Public Aid to perform functions that are transferred by this
7 amendatory Act of the 91st General Assembly to the Attorney
8 General shall, upon the effective date of this amendatory Act
9 of the 91st General Assembly, become employees of the Office
10 of the Attorney General. All transferred employees who are
11 members of collective bargaining units shall retain their
12 seniority, continuous service, salary, and accrued benefits.
13 During the pendency of the existing collective bargaining
14 agreement, the rights provided for under that agreement and
15 memoranda and supplements to that agreement, including, but
16 not limited to, the right of employees in the Child and
17 Spouse Support Unit to positions in other State agencies and
18 the right of employees in other State agencies covered by the
19 agreement to positions in the Child and Spouse Support Unit,
20 shall not be abridged.
21 The Office of the Attorney General shall continue to
22 honor all collective bargaining agreements in effect at the
23 time of the transfer and to recognize all collective
24 bargaining representatives for the employees who perform or
25 will perform functions transferred by this amendatory Act of
26 the 91st General Assembly. For all purposes with respect to
27 the management of the existing agreement and the negotiation
28 and management of any successor agreements, the Attorney
29 General shall be deemed to be the employer of employees who
30 perform or will perform functions transferred by this
31 amendatory Act of the 91st General Assembly; provided that
32 the Illinois Department of Central Management Services shall
33 be a party to any grievance or arbitration proceeding held
34 pursuant to the provisions of the collective bargaining
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1 agreement which involves the movement of employees from the
2 Office of the Attorney General to an agency under the
3 jurisdiction of the Governor covered by the agreement.
4 (j) Personnel employed by the Department of Public Aid
5 to perform functions that are not clearly classifiable as
6 being related to the determination and enforcement of support
7 responsibility of relatives under Article X of the Illinois
8 Public Aid Code or who are employed to perform complex
9 functions that are transferred only in part to the Attorney
10 General under this amendatory Act of the 91st General
11 Assembly shall be assigned to the appropriate Department by
12 the Director of Public Aid and the Attorney General, in
13 consultation with the Director of Central Management
14 Services.
15 (k) The rights of State employees, the State, and its
16 agencies under applicable retirement plans are not affected
17 by this amendatory Act of the 91st General Assembly.
18 (15 ILCS 205/7.5 new)
19 Sec. 7.5. Public policy; persons eligible for services;
20 fees. It is the intent of the Illinois Public Aid Code that
21 the financial aid and social welfare services provided under
22 that Code supplement rather than supplant the primary and
23 continuing obligation of the family unit for self-support to
24 the fullest extent permitted by the resources available to
25 it. This primary and continuing obligation applies whether
26 the family unit of parents and children or of husband and
27 wife remains intact and resides in a common household or
28 whether the unit has been broken by absence of one or more
29 members of the unit. The obligation of the family unit is
30 particularly applicable when a member is in necessitous
31 circumstances and lacks the means of a livelihood compatible
32 with health and well-being.
33 It is the purpose of Sections 7.1 through 7.295 to
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1 provide for locating an absent parent or spouse, for
2 determining his or her financial circumstances, and for
3 enforcing his or her legal obligation of support, if he or
4 she is able to furnish support, in whole or in part. The
5 Attorney General shall give priority to establishing,
6 enforcing and collecting the current support obligation, and
7 then to past due support owed to the family unit, except with
8 respect to collections effected through the intercept
9 programs provided for in Sections 7.1 through 7.295.
10 The child and spouse support services provided under
11 Sections 7.1 through 7.295 shall be furnished dependents of
12 an absent parent or spouse who are applicants for or
13 recipients of financial aid under the Illinois Public Aid
14 Code. It is not, however, a condition of eligibility for
15 financial aid under that Code that there be no responsible
16 relatives who are reasonably able to provide support. Nor,
17 except as provided in Section 4-1.7 of that Code and Section
18 7.50 of this Act, shall the existence of such relatives or
19 their payment of support contributions disqualify a needy
20 person for financial aid.
21 By accepting financial aid under the Illinois Public Aid
22 Code, a spouse or a parent or other person having custody of
23 a child shall be deemed to have made assignment to the State
24 of Illinois (for aid under Articles III, IV, V, and VII of
25 that Code) or to a local governmental unit (for aid under
26 Article VI of that Code) of all rights, title, and interest
27 in any support obligation up to the amount of financial aid
28 provided by that department or local governmental unit. The
29 rights to support assigned to the State of Illinois or local
30 governmental unit shall constitute an obligation owed the
31 State or local governmental unit by the person who is
32 responsible for providing the support, and shall be
33 collectible under all applicable processes.
34 The Attorney General shall also furnish the child and
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1 spouse support services established under Sections 7.1
2 through 7.295 in behalf of spouses and dependent children who
3 are not applicants for or recipients of financial aid under
4 the Illinois Public Aid Code in accordance with the
5 requirements of Title IV, Part D of the Social Security Act.
6 The Attorney General may establish a schedule of reasonable
7 fees, to be paid for the services provided and may deduct a
8 collection fee, not to exceed 10% of the amount collected,
9 from such collection. The Attorney General shall cause to be
10 published and distributed publications reasonably calculated
11 to inform the public that individuals who are not recipients
12 of or applicants for public aid under the Illinois Public Aid
13 Code are eligible for the child and spouse support services
14 under Sections 7.1 through 7.295. Such publications shall
15 set forth an explanation, in plain language, that the child
16 and spouse support services program is independent of any
17 public aid program under the Code and that the receiving of
18 child and spouse support service in no way implies that the
19 person receiving such service is receiving public aid.
20 (15 ILCS 205/7.10 new)
21 Sec. 7.10. Extent of liability. A husband is liable for
22 the support of his wife and a wife for the support of her
23 husband. The parents are severally liable for the support of
24 any child under the age of 18, except that a parent is not
25 liable for a child of any age if the child has married and is
26 not living with the parent or parents. The term "child"
27 includes a child born out of wedlock or legally adopted
28 child.
29 In addition to the primary obligation of support imposed
30 upon responsible relatives, such relatives, if individually
31 or together in any combination they have sufficient income or
32 other resources to support a needy person, in whole or in
33 part, shall be liable for any financial aid extended under
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1 the Illinois Public Aid Code to a person for whose support
2 they are responsible, including amounts expended for funeral
3 and burial costs.
4 (15 ILCS 205/7.15 new)
5 Sec. 7.15. Standard for determining ability to support.
6 The Attorney General shall establish a standard by which
7 shall be measured the ability of responsible relatives to
8 provide support, and shall implement the standard by rules
9 governing its application. The standard and the rules shall
10 take into account the buying and consumption patterns of
11 self-supporting persons of modest income, present or future
12 contingencies having direct bearing on maintenance of the
13 relative's self-support status and fulfillment of his or her
14 obligations to his or her immediate family, and any unusual
15 or exceptional circumstances including estrangement or other
16 personal or social factors, that have a bearing on family
17 relationships and the relative's ability to meet his or her
18 support obligations. The standard shall be recomputed
19 periodically to reflect changes in the cost of living and
20 other pertinent factors.
21 In addition to the standard, the Attorney General may
22 establish guidelines to be used exclusively to measure the
23 ability of responsible relatives to provide support on behalf
24 of applicants for or recipients of financial aid under
25 Article IV of the Illinois Public Aid Code and other persons
26 who are given access to the child and spouse support services
27 of Sections 7.1 through 7.295 of this Act as provided in
28 Section 7.5. In such case, the Attorney General shall base
29 the guidelines upon the applicable provisions of Sections
30 504, 505 and 505.2 of the Illinois Marriage and Dissolution
31 of Marriage Act and shall implement such guidelines by rules
32 governing their application.
33 The term "administration enforcement unit", when used in
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1 Sections 7.5 through 7.295, means local governmental units or
2 the Child and Spouse Support Unit established under Section
3 7.20 when exercising the powers designated in Sections 7.1
4 through 7.295. The administrative enforcement unit shall
5 apply the standard or guidelines, rules and procedures
6 provided for by this Section and Sections 7.30 through 7.50
7 in determining the ability of responsible relatives to
8 provide support for applicants for or recipients of financial
9 aid under the Illinois Public Aid Code, except that the
10 administrative enforcement unit may apply such standard or
11 guidelines, rules and procedures at its discretion with
12 respect to those applicants for or recipients of financial
13 aid under Article IV of that Code and other persons who are
14 given access to the child and spouse support services of
15 Sections 7.1 through 7.295 of this Act as provided by Section
16 7.5.
17 (15 ILCS 205/7.20 new)
18 Sec. 7.20. Child and Spouse Support Unit. The Attorney
19 General shall establish within his or her administrative
20 staff a Child and Spouse Support Unit to search for and
21 locate absent parents and spouses liable for the support of
22 persons resident in this State and to exercise the support
23 enforcement powers and responsibilities assigned the Attorney
24 General by Sections 7.1 through 7.295. The Unit shall
25 cooperate with all law enforcement officials in this State
26 and with the authorities of other states in locating persons
27 responsible for the support of persons resident in other
28 states and shall invite the cooperation of these authorities
29 in the performance of its duties.
30 In addition to other duties assigned the Child and Spouse
31 Support Unit by Sections 7.1 through 7.295, the Unit may
32 refer to units of local government any actions under Sections
33 7.60 and 7.155 for judicial enforcement of the support
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1 liability.
2 The Attorney General may enter into agreements with local
3 governmental units or individuals for the collection of
4 moneys owing because of the failure of a parent to make child
5 support payments for any child receiving services under
6 Sections 7.1 through 7.295. Such agreements may be on a
7 contingent fee basis, but such contingent fee shall not
8 exceed 25% of the total amount collected.
9 An attorney who provides representation pursuant to this
10 Section shall represent the Attorney General exclusively.
11 Regardless of the designation of the plaintiff in an action
12 brought pursuant to this Section, an attorney-client
13 relationship does not exist for purposes of that action
14 between that attorney and (i) an applicant for or recipient
15 of child and spouse support services or (ii) any other party
16 to the action other than the Attorney General. Nothing in
17 this Section shall be construed to modify any power or duty
18 (including a duty to maintain confidentiality) of the Child
19 and Spouse Support Unit or the Attorney General otherwise
20 provided by law.
21 The Attorney General may enter into agreements with local
22 governmental units for the Child and Spouse Support Unit to
23 exercise the investigative and enforcement powers designated
24 in Sections 7.1 through 7.295, including the issuance of
25 administrative orders under Section 7.80, in locating
26 responsible relatives and obtaining support for persons
27 applying for or receiving aid under Article VI of the
28 Illinois Public Aid Code. Payments for defrayment of
29 administrative costs and support payments obtained shall be
30 deposited into the DHS Recoveries Trust Fund. Support
31 payments shall be paid over to the General Assistance Fund of
32 the local governmental unit at such time or times as the
33 agreement may specify.
34 With respect to those cases in which it has support
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1 enforcement powers and responsibilities under Sections 7.1
2 through 7.295, the Attorney General may provide by rule for
3 periodic or other review of each administrative and court
4 order for support to determine whether a modification of the
5 order should be sought. The Attorney General shall provide
6 for and conduct such review in accordance with any applicable
7 federal law and regulation.
8 As part of its process for review of orders for support,
9 the Attorney General, through written notice, may require the
10 responsible relative to disclose his or her Social Security
11 Number and past and present information concerning the
12 relative's address, employment, gross wages, deductions from
13 gross wages, net wages, bonuses, commissions, number of
14 dependent exemptions claimed, individual and dependent health
15 insurance coverage, and any other information necessary to
16 determine the relative's ability to provide support in a case
17 receiving child and spouse support services under Sections
18 7.1 through 7.295.
19 The Attorney General may send a written request for the
20 same information to the relative's employer. The employer
21 shall respond to the request for information within 15 days
22 after the date the employer receives the request. If the
23 employer willfully fails to fully respond within the 15-day
24 period, the employer shall pay a penalty of $100 for each day
25 that the response is not provided to the Attorney General
26 after the 15-day period has expired. The penalty may be
27 collected in a civil action which may be brought against the
28 employer in favor of the Attorney General.
29 A written request for information sent to an employer
30 pursuant to this Section shall consist of (i) a citation of
31 this Section as the statutory authority for the request and
32 for the employer's obligation to provide the requested
33 information, (ii) a returnable form setting forth the
34 employer's name and address and listing the name of the
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1 employee with respect to whom information is requested, and
2 (iii) a citation of this Section as the statutory authority
3 authorizing the employer to withhold a fee of up to $20 from
4 the wages or income to be paid to each responsible relative
5 for providing the information to the Attorney General within
6 the 15-day period. If the employer is withholding support
7 payments from the responsible relative's income pursuant to
8 an order for withholding, the employer may withhold the fee
9 provided for in this Section only after withholding support
10 as required under the order. Any amounts withheld from the
11 responsible relative's income for payment of support and the
12 fee provided for in this Section shall not be in excess of
13 the amounts permitted under the federal Consumer Credit
14 Protection Act.
15 In a case receiving child and spouse support services,
16 the Attorney General may request and obtain information from
17 a particular employer under this Section no more than once in
18 any 12-month period, unless the information is necessary to
19 conduct a review of a court or administrative order for
20 support at the request of the person receiving child and
21 spouse support services.
22 The Attorney General shall establish and maintain an
23 administrative unit to receive and transmit to the Child and
24 Spouse Support Unit information supplied by persons applying
25 for or receiving child and spouse support services under
26 Section 7.5.
27 In addition to its other powers and responsibilities
28 established by Sections 7.1 through 7.295, the Child and
29 Spouse Support Unit shall conduct an annual assessment of
30 each institution's program for institution based paternity
31 establishment under Section 12 of the Vital Records Act.
32 (15 ILCS 205/7.25 new)
33 Sec. 7.25. Parent locator service. The Attorney General
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1 through the Child and Spouse Support Unit shall enter into
2 agreements with the Secretary of Health and Human Services or
3 his or her designee under which the services of the federal
4 Parent Locator Service established by the Social Security Act
5 are made available to this State and the Attorney General for
6 the purpose of locating an absent parent or child when the
7 child has been abducted or otherwise improperly removed or
8 retained from the physical custody of a parent or other
9 person entitled to custody of the child, or in connection
10 with the making or enforcing of a child custody determination
11 in custody proceedings instituted under the Uniform Child
12 Custody Jurisdiction Act, or otherwise in accordance with
13 law. The Attorney General shall provide general information
14 to the public about the availability and use of the Parent
15 Locator Service in relation to child abduction and custody
16 determination proceedings, shall promptly respond to
17 inquiries made by those parties specified by federal
18 regulations upon receipt of information as to the location of
19 an absent parent or child from the federal Parent Locator
20 Service, and shall maintain accurate records as to the number
21 of such inquiries received and processed by the Attorney
22 General.
23 (15 ILCS 205/7.27 new)
24 Sec. 7.27. Locating support obligor and others;
25 penalties.
26 (a) The Child and Spouse Support Unit may request and
27 receive from employers, labor unions, telephone companies,
28 and utility companies location information concerning
29 putative fathers and noncustodial parents for the purpose of
30 establishing a child's paternity or establishing, enforcing,
31 or modifying a child support obligation. In this Section,
32 "location information" means information about (i) the
33 physical whereabouts of a putative father or noncustodial
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1 parent, (ii) the putative father or noncustodial parent's
2 employer, or (iii) the salary, wages, and other compensation
3 paid and the health insurance coverage provided to the
4 putative father or noncustodial parent by the employer of the
5 putative father or noncustodial parent or by a labor union of
6 which the putative father or noncustodial parent is a member.
7 The employer of a putative father or noncustodial parent
8 or the labor union of which the putative father or
9 noncustodial parent is a member shall respond to the request
10 of the Child and Spouse Support Unit within 15 days after the
11 employer or labor union receives the request. Any employer
12 or labor union that willfully fails to fully respond within
13 the 15-day period shall be subject to a penalty of $100 for
14 each day that the response is not provided to the Attorney
15 General after the 15-day period has expired. The penalty may
16 be collected in a civil action, which may be brought against
17 the employer or labor union in favor of the Attorney General.
18 (b) Pursuant to an administrative subpoena as authorized
19 under Sections 7.1 through 7.295, the Child and Spouse
20 Support Unit may request and receive from utility companies
21 and cable television companies location information
22 concerning individuals who owe or are owed support or against
23 whom or with respect to whom a support obligation is sought.
24 (15 ILCS 205/7.28 new)
25 Sec. 7.28. Obtaining location information.
26 (a) The Attorney General shall enter into agreements
27 with the Department of State Police and the Secretary of
28 State to obtain location information on persons for the
29 purpose of establishing paternity and establishing,
30 modifying, and enforcing child support obligations.
31 (b) Upon request, the Attorney General shall provide
32 information obtained pursuant to this Section to federal
33 agencies and other states' agencies conducting child support
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1 enforcement activities under Title IV, Part D of the Social
2 Security Act.
3 (15 ILCS 205/7.30 new)
4 Sec. 7.30. Notification of support obligation. The
5 administrative enforcement unit within the authorized area of
6 its operation shall notify each responsible relative of an
7 applicant or recipient, or responsible relatives of other
8 persons given access to the support services of Sections 7.1
9 through 7.295, of his or her legal obligation to support and
10 shall request such information concerning his or her
11 financial status as may be necessary to determine whether he
12 or she is financially able to provide such support, in whole
13 or in part. In cases involving a child born out of wedlock,
14 the notification shall include a statement that the
15 responsible relative has been named as the biological father
16 of the child identified in the notification.
17 In the case of applicants, the notification shall be sent
18 as soon as practical after the filing of the application. In
19 the case of recipients, the notice shall be sent at such time
20 as may be established by rule of the Attorney General.
21 The notice shall be accompanied by the forms or
22 questionnaires provided in Section 7.35. It shall inform the
23 relative that he or she may be liable for reimbursement of
24 any support furnished from public aid funds prior to
25 determination of the relative's financial circumstances, as
26 well as for future support. In the alternative, when support
27 is sought on behalf of applicants for or recipients of
28 financial aid under Article IV of the Illinois Public Aid
29 Code and other persons who are given access to the child and
30 spouse support services of Section 7.1 through 7.295 as
31 provided in Section 7.5, the notice shall inform the relative
32 that the relative may be required to pay support for a period
33 before the date an administrative support order is entered,
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1 as well as future support.
2 Neither the mailing nor receipt of such notice shall be
3 deemed a jurisdictional requirement for the subsequent
4 exercise of the investigative procedures undertaken by an
5 administrative enforcement unit or the entry of any order or
6 determination of paternity or support or reimbursement by the
7 administrative enforcement unit; except that notice shall be
8 served by certified mail addressed to the responsible
9 relative at his or her last known address, return receipt
10 requested, or by any method provided by law for service of
11 summons, in cases where a determination of paternity or
12 support by default is sought on behalf of applicants for or
13 recipients of financial aid under Article IV of the Illinois
14 Public Aid Code and other persons who are given access to the
15 child and spouse support services of Sections 7.1 through
16 7.295 as provided in Section 7.5.
17 (15 ILCS 205/7.35 new)
18 Sec. 7.35. Declarations by responsible relatives;
19 penalty.
20 Information requested of responsible relatives shall be
21 submitted on forms or questionnaires prescribed by the
22 Attorney General or local governmental units, as the case may
23 be, and shall contain a written declaration to be signed by
24 the relative in substantially the following form:
25 "I declare under penalties of perjury that I have
26 examined this form (or questionnaire) and all accompanying
27 statements or documents pertaining to my income, resources,
28 or any other matter having bearing upon my status and ability
29 to provide support, and to the best of my knowledge and
30 belief the information supplied is true, correct, and
31 complete."
32 A person who makes and subscribes a form or questionnaire
33 which contains, as hereinabove provided, a written
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1 declaration that it is made under the penalties of perjury,
2 knowing it to be false, incorrect or incomplete, in respect
3 to any material statement or representation bearing upon his
4 or her status as a responsible relative, or upon his or her
5 income, resources, or other matter concerning his or her
6 ability to provide support, shall be subject to the penalties
7 for perjury provided for in Section 32-2 of the Criminal Code
8 of 1961.
9 (15 ILCS 205/7.40 new)
10 Sec. 7.40. Investigation and determination. The
11 administrative enforcement unit shall review the forms or
12 questionnaires returned by each responsible relative and
13 supplement the information provided therein, where required,
14 by such additional consultations with the responsible
15 relative and such other investigations as may be necessary,
16 including genetic testing if paternity is an issue, and,
17 applying the standard or guidelines and regulations
18 established by the Attorney General, shall determine whether
19 and the extent to which, the responsible relative
20 individually or together in any combination, are reasonably
21 able to provide support. If the child was born out of
22 wedlock and the case is subject to the voluntary
23 acknowledgment of paternity or the administrative
24 determination of paternity under rules established under
25 Section 7.210, the Child and Spouse Support Unit of the
26 Attorney General shall determine the child support obligation
27 under subsection (b) of Section 7.45 upon establishing the
28 child's paternity. If the child's paternity was established
29 by judicial or administrative process in any other state, the
30 Attorney General may use administrative processes contained
31 in Sections 7.1 through 7.295 to establish a child support
32 order.
33 In aid of its investigative authority, the Child and
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1 Spouse Support Unit may use the subpoena power as set forth
2 in Sections 7.1 through 7.295.
3 The Attorney General, by rule, may authorize the
4 administrative enforcement units to conduct periodic or other
5 reinvestigations and redeterminations of the financial
6 ability of responsible relatives. Any redeterminations shall
7 have the effect of altering, amending, or modifying previous
8 determinations and administrative orders entered pursuant to
9 Sections 7.45 and 7.80. However, any redetermination which
10 establishes liability for support or reimbursement, or which
11 modifies the support or reimbursement liability specified in
12 a prior order, shall be subject to the provisions of Section
13 7.90 and the administrative and judicial review procedures
14 herein provided for original orders.
15 (15 ILCS 205/7.45 new)
16 Sec. 7.45. Notice of support due.
17 (a) When an administrative enforcement unit has
18 determined that a responsible relative is financially able to
19 contribute to the support of an applicant or recipient, the
20 responsible relative shall be notified by mailing him or her
21 a copy of the determination by United States registered or
22 certified mail, advising him or her of his or her legal
23 obligation to make support payments for such period or
24 periods of time, definite in duration or indefinite, as the
25 circumstances require. The notice shall direct payment as
26 provided in this Act. Where applicable, the determination
27 and notice may include a demand for reimbursement for
28 emergency aid granted an applicant or recipient during the
29 period between the application and determination of the
30 relative's obligation for support and for aid granted during
31 any subsequent period the responsible relative was
32 financially able to provide support but failed or refused to
33 do so.
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1 (b) In the alternative, when support is sought on behalf
2 of applicants for or recipients of financial aid under
3 Article IV of the Illinois Public Aid Code and other persons
4 who are given access to the child and spouse support services
5 of Sections 7.1 through 7.295 as provided in Section 7.5, the
6 administrative enforcement unit shall not be required to send
7 the notice and may enter an administrative order immediately
8 under the provisions of Section 7.80. The order shall be
9 based upon the determination made under the provisions of
10 Section 7.40 or, in instances of default, upon the needs of
11 the persons for whom support is sought. In addition to
12 requiring payment of future support, the administrative order
13 may require payment of support for a period before the date
14 the order is entered. The amount of support to be paid for
15 the prior period shall be determined under the guidelines
16 established by the Attorney General pursuant to Section 7.15.
17 The order shall direct payment as provided in Section 7.60.
18 (15 ILCS 205/7.47 new)
19 Sec. 7.47. Payment of Support to State Disbursement
20 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
28 the contrary, each court or administrative order for support
29 entered or modified on or after October 1, 1999 shall require
30 that support payments be made to the State Disbursement Unit
31 if:
32 (1) a party to the order is receiving child and
33 spouse support services under this Act; or
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1 (2) no party to the order is receiving child and
2 spouse support services, but the support payments are
3 made through income withholding.
4 (c) Support payments shall be made to the State
5 Disbursement Unit if:
6 (1) the order for support was entered before
7 October 1, 1999, and a party to the order is receiving
8 child and spouse support services under this Act; or
9 (2) no party to the order is receiving child and
10 spouse support services, and the support payments are
11 being made through income withholding.
12 (d) If no party to the order is receiving child and
13 spouse support services under this Act, and the support
14 payments are not being made through income withholding, then
15 support payments shall be made as directed in the order for
16 support.
17 (e) If the State Disbursement Unit receives a support
18 payment that was not appropriately made to the Unit under
19 this Section, the Unit shall immediately return the payment
20 to the sender, including, if possible, instructions detailing
21 where to send the support payments.
22 (15 ILCS 205/7.50 new)
23 Sec. 7.50. Support payments. In the case of any
24 conflict between this Section and the provisions of this Act
25 pertaining to the State Disbursement Unit shall control.
26 The notice to responsible relatives issued pursuant to
27 Section 7.45 shall direct payment (i) to the Attorney General
28 in cases of applicants and recipients under Articles III, IV,
29 V and VII of the Illinois Public Aid Code, (ii) except as
30 provided in Section 7.20, to the local governmental unit in
31 the case of applicants and recipients under Article VI of the
32 Illinois Public Aid Code, and (iii) to the Attorney General
33 in cases of non-applicants and non-recipients given access to
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1 the child and spouse support services of Sections 7.1 through
2 7.295, as provided by Section 7.5. However, if the support
3 payments by responsible relatives are sufficient to meet
4 needs of a recipient in full, including current and
5 anticipated medical needs, and the Attorney General or the
6 local governmental unit, as the case may be, has reasonable
7 grounds to believe that such needs will continue to be
8 provided in full by the responsible relatives, the relatives
9 may be directed to make subsequent support payments to the
10 needy person or to some person or agency in his or her behalf
11 and the recipient shall be removed from the public aid rolls.
12 In such instance the recipient also shall be notified by
13 registered or certified mail of the action taken. If a
14 recipient removed from the public aid rolls requests the
15 Attorney General to continue to collect the support payments
16 in his or her behalf, the Attorney General, at his or her
17 option, may do so and pay amounts so collected to the person.
18 The Attorney General may provide for deducting any costs
19 incurred in making the collection from the amount of any
20 recovery made and pay only the net amount to the person.
21 Payments under this Section to the Illinois Department of
22 Public Aid or the Attorney General pursuant to the Child
23 Support Enforcement Program established by Title IV-D of the
24 Social Security Act shall be paid into the Child Support
25 Enforcement Trust Fund. All payments under this Section to
26 the Illinois Department of Human Services shall be deposited
27 in the DHS Recoveries Trust Fund. Disbursements from these
28 funds shall be as provided in Sections 12-9.1 and 12-10.2 of
29 the Illinois Public Aid Code. Payments received by a local
30 governmental unit shall be deposited in that unit's General
31 Assistance Fund.
32 (15 ILCS 205/7.52 new)
33 Sec. 7.52. Temporary order for child support.
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1 Notwithstanding any other law to the contrary, pending the
2 outcome of an administrative determination of parentage, the
3 Attorney General shall issue a temporary order for child
4 support, upon motion by a party and a showing of clear and
5 convincing evidence of paternity based on genetic test
6 results or other evidence. In determining the amount of the
7 temporary child support award, the Attorney General shall use
8 the guidelines and standards set forth in subsection (a) of
9 Section 505 and in Section 505.2 of the Illinois Marriage and
10 Dissolution of Marriage Act.
11 Any new or existing support order entered by the Attorney
12 General under this Section shall be deemed to be a series of
13 judgments against the person obligated to pay support
14 thereunder, each such judgment to be in the amount of each
15 payment or installment of support and each judgment to be
16 deemed entered as of the date the corresponding payment or
17 installment becomes due under the terms of the support order.
18 Each such judgment shall have the full force, effect, and
19 attributes of any other judgment of this State, including the
20 ability to be enforced. Any such judgment is subject to
21 modification or termination only in accordance with Section
22 510 of the Illinois Marriage and Dissolution of Marriage Act.
23 A lien arises by operation of law against the real and
24 personal property of the noncustodial parent for each
25 installment of overdue support owed by the noncustodial
26 parent.
27 All orders for support entered or modified in a case in
28 which a party is receiving child and spouse support services
29 under Sections 7.1 through 7.295 shall include a provision
30 requiring the non-custodial parent to notify the Attorney
31 General, within 7 days, (i) of the name, address, and
32 telephone number of any new employer of the non-custodial
33 parent, (ii) whether the non-custodial parent has access to
34 health insurance coverage through the employer or other group
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1 coverage, and, if so, the policy name and number and the
2 names of persons covered under the policy, and (iii) of any
3 new residential or mailing address or telephone number of the
4 non-custodial parent.
5 In any subsequent action to enforce a support order, upon
6 sufficient showing that diligent effort has been made to
7 ascertain the location of the non-custodial parent, service
8 of process or provision of notice necessary in that action
9 may be made at the last known address of the non-custodial
10 parent, in any manner expressly provided by the Code of Civil
11 Procedure or this Act, which service shall be sufficient for
12 purposes of due process.
13 An order for support shall include a date on which the
14 current support obligation terminates. The termination date
15 shall be no earlier than the date on which the child covered
16 by the order will attain the age of majority or is otherwise
17 emancipated. The order for support shall state that the
18 termination date does not apply to any arrearage that may
19 remain unpaid on that date. Nothing in this paragraph shall
20 be construed to prevent the Attorney General from modifying
21 the order.
22 (15 ILCS 205/7.55 new)
23 Sec. 7.55. Alternative actions to enforce support. If a
24 responsible relative fails or refuses to furnish support, or
25 contributes less than the amount indicated by the
26 determination, the administrative enforcement unit shall take
27 action to enforce support in accordance with Section 7.60 or
28 Section 7.80.
29 (15 ILCS 205/7.60 new)
30 Sec. 7.60. Court enforcement. Except where the Attorney
31 General, by agreement, acts for the local governmental unit,
32 as provided in Section 7.20, local governmental units shall
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1 refer to the State's Attorney or to the proper legal
2 representative of the governmental unit, for judicial
3 enforcement as herein provided, instances of non-support or
4 insufficient support when the dependents are applicants or
5 recipients under Article VI of the Illinois Public Aid Code.
6 The Child and Spouse Support Unit established by Section 7.20
7 may institute in behalf of the Illinois Department of Public
8 Aid any actions under this Section for judicial enforcement
9 of the support liability when the dependents are applicants
10 or recipients under Articles III, IV, V or VII of the
11 Illinois Public Aid Code. The Unit may institute in behalf of
12 the Attorney General any actions under this Section for
13 judicial enforcement of the support liability when the
14 dependents are applicants or recipients in a local
15 governmental unit when the Attorney General, by agreement,
16 acts for the unit. The Unit may institute in behalf of the
17 dependents any actions under this Section for judicial
18 enforcement of the support liability when the dependents are
19 non-applicants or non-recipients who are receiving support
20 enforcement services under Sections 7.1 through 7.295, as
21 provided in Section 7.5. Where the Child and Spouse Support
22 Unit has exercised its option and discretion not to apply the
23 provisions of Sections 7.15 through 7.50, the failure by the
24 Unit to apply such provisions shall not be a bar to bringing
25 an action under this Section.
26 An action shall be brought in the circuit court to obtain
27 support, or for the recovery of aid granted during the period
28 such support was not provided, or both for the obtainment of
29 support and the recovery of the aid provided. Actions for
30 the recovery of aid may be taken separately or they may be
31 consolidated with actions to obtain support. Such actions
32 may be brought in the name of the person or persons requiring
33 support, or may be brought in the name of the Illinois
34 Department of Public Aid or the local governmental unit, as
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1 the case requires, in behalf of such persons.
2 The court may enter such orders for the payment of moneys
3 for the support of the person as may be just and equitable
4 and may direct payment thereof for such period or periods of
5 time as the circumstances require, including support for a
6 period before the date the order for support is entered. The
7 order may be entered against any or all of the defendant
8 responsible relatives and may be based upon the proportionate
9 ability of each to contribute to the person's support.
10 The Court shall determine the amount of child support
11 (including child support for a period before the date the
12 order for support is entered) by using the guidelines and
13 standards set forth in subsection (a) of Section 505 and in
14 Section 505.2 of the Illinois Marriage and Dissolution of
15 Marriage Act. For purposes of determining the amount of
16 child support to be paid for a period before the date the
17 order for child support is entered, there is a rebuttable
18 presumption that the responsible relative's net income for
19 that period was the same as his or her net income at the time
20 the order is entered.
21 The Court shall determine the amount of maintenance using
22 the standards set forth in Section 504 of the Illinois
23 Marriage and Dissolution of Marriage Act.
24 Any new or existing support order entered by the court
25 under this Section shall be deemed to be a series of
26 judgments against the person obligated to pay support
27 thereunder, each such judgment to be in the amount of each
28 payment or installment of support and each such judgment to
29 be deemed entered as of the date the corresponding payment or
30 installment becomes due under the terms of the support order.
31 Each such judgment shall have the full force, effect and
32 attributes of any other judgment of this State, including the
33 ability to be enforced. Any such judgment is subject to
34 modification or termination only in accordance with Section
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1 510 of the Illinois Marriage and Dissolution of Marriage Act.
2 A lien arises by operation of law against the real and
3 personal property of the noncustodial parent for each
4 installment of overdue support owed by the noncustodial
5 parent.
6 When an order is entered for the support of a minor, the
7 court may provide therein for reasonable visitation of the
8 minor by the person or persons who provided support pursuant
9 to the order. Whoever willfully refuses to comply with such
10 visitation order or willfully interferes with its enforcement
11 may be declared in contempt of court and punished therefor.
12 Except where the local governmental unit has entered into
13 an agreement with the Attorney General for the Child and
14 Spouse Support Unit to act for it, as provided in Section
15 7.20, support orders entered by the court in cases involving
16 applicants or recipients under Article VI of the Illinois
17 Public Aid Code shall provide that payments thereunder be
18 made directly to the local governmental unit. Orders for the
19 support of all other applicants or recipients under that Code
20 shall provide that payments thereunder be made directly to
21 the Attorney General. In accordance with federal law and
22 regulations, the Attorney General may continue to collect
23 current maintenance payments or child support payments, or
24 both, after those persons cease to receive public assistance
25 and until termination of services under Sections 7.1 through
26 7.295. The Attorney General shall pay the net amount
27 collected to those persons after deducting any costs incurred
28 in making the collection or any collection fee from the
29 amount of any recovery made. In both cases the order shall
30 permit the local governmental unit or the Attorney General,
31 as the case may be, to direct the responsible relative or
32 relatives to make support payments directly to the needy
33 person, or to some person or agency in his or her behalf,
34 upon removal of the person from the public aid rolls or upon
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1 termination of services under Sections 7.1 through 7.295.
2 If the notice of support due issued pursuant to Section
3 7.45 directs that support payments be made directly to the
4 needy person, or to some person or agency in his or her
5 behalf, and the recipient is removed from the public aid
6 rolls, court action may be taken against the responsible
7 relative hereunder if he fails to furnish support in
8 accordance with the terms of such notice.
9 Actions may also be brought under this Section in behalf
10 of any person who is in need of support from responsible
11 relatives, as defined in Section 2-11 of the Illinois Public
12 Aid Code who is not an applicant for or recipient of
13 financial aid under that Code. In such instances, the
14 State's Attorney of the county in which such person resides
15 shall bring action against the responsible relatives
16 hereunder. If the Attorney General, as authorized by Section
17 7.5, extends the support services provided by this Article to
18 spouses and dependent children who are not applicants or
19 recipients under the Illinois Public Aid Code, the Child and
20 Spouse Support Unit established by Section 7.20 shall bring
21 action against the responsible relatives hereunder and any
22 support orders entered by the court in such cases shall
23 provide that payments thereunder be made directly to the
24 Attorney General.
25 Whenever it is determined in a proceeding to establish or
26 enforce a child support or maintenance obligation that the
27 person owing a duty of support is unemployed, the court may
28 order the person to seek employment and report periodically
29 to the court with a diary, listing or other memorandum of his
30 or her efforts in accordance with such order. Additionally,
31 the court may order the unemployed person to report to the
32 Department of Employment Security for job search services or
33 to make application with the local Jobs Training Partnership
34 Act provider for participation in job search, training or
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1 work programs and where the duty of support is owed to a
2 child receiving support services under Sections 7.1 through
3 7.295, the court may order the unemployed person to report to
4 the Department of Human Services for participation in job
5 search, training or work programs established under Section
6 9-6 and Article IXA of the Illinois Public Aid Code.
7 Whenever it is determined that a person owes past-due
8 support for a child receiving assistance under the Illinois
9 Public Aid Code, the court shall order at the request of the
10 Attorney General:
11 (1) that the person pay the past-due support in
12 accordance with a plan approved by the court; or
13 (2) if the person owing past-due support is
14 unemployed, is subject to such a plan, and is not
15 incapacitated, that the person participate in such job
16 search, training, or work programs established under
17 Section 9-6 and Article IXA of the Illinois Public Aid
18 Code as the court deems appropriate.
19 A determination under this Section shall not be
20 administratively reviewable by the procedures specified in
21 Sections 7.90 and 7.95 through 7.145. Any determination under
22 those Sections, if made the basis of court action under this
23 Section, shall not affect the de novo judicial determination
24 required under this Section.
25 All orders for support, when entered or modified, shall
26 include a provision requiring the non-custodial parent to
27 notify the court and, in cases in which a party is receiving
28 child and spouse support services under Sections 7.1 through
29 7.295, the Attorney General, within 7 days, (i) of the name,
30 address, and telephone number of any new employer of the
31 non-custodial parent, (ii) whether the non-custodial parent
32 has access to health insurance coverage through the employer
33 or other group coverage and, if so, the policy name and
34 number and the names of persons covered under the policy, and
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1 (iii) of any new residential or mailing address or telephone
2 number of the non-custodial parent. In any subsequent action
3 to enforce a support order, upon a sufficient showing that a
4 diligent effort has been made to ascertain the location of
5 the non-custodial parent, service of process or provision of
6 notice necessary in the case may be made at the last known
7 address of the non-custodial parent in any manner expressly
8 provided by the Code of Civil Procedure or Sections 7.1
9 through 7.295, which service shall be sufficient for purposes
10 of due process.
11 An order for support shall include a date on which the
12 current support obligation terminates. The termination date
13 shall be no earlier than the date on which the child covered
14 by the order will attain the age of majority or is otherwise
15 emancipated. The order for support shall state that the
16 termination date does not apply to any arrearage that may
17 remain unpaid on that date. Nothing in this paragraph shall
18 be construed to prevent the court from modifying the order.
19 Upon notification in writing or by electronic
20 transmission from the Attorney General to the clerk of the
21 court that a person who is receiving support payments under
22 this Section is receiving services under the Child Support
23 Enforcement Program established by Title IV-D of the Social
24 Security Act, any support payments subsequently received by
25 the clerk of the court shall be transmitted in accordance
26 with the instructions of the Attorney General until the
27 Attorney General gives notice to the clerk of the court to
28 cease the transmittal. After providing the notification
29 authorized under this paragraph, the Attorney General shall
30 be entitled as a party to notice of any further proceedings
31 in the case. The clerk of the court shall file a copy of the
32 Attorney General's notification in the court file. The
33 clerk's failure to file a copy of the notification in the
34 court file shall not, however, affect the Attorney General's
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1 right to receive notice of further proceedings.
2 Payments under this Section to the Illinois Department of
3 Public Aid or the Attorney General pursuant to the Child
4 Support Enforcement Program established by Title IV-D of the
5 Social Security Act shall be paid into the Child Support
6 Enforcement Trust Fund. All payments under this Section to
7 the Illinois Department of Human Services shall be deposited
8 in the DHS Recoveries Trust Fund. Disbursements from these
9 funds shall be as provided in Sections 12-9.1 and 12-10.2 of
10 the Illinois Public Aid Code. Payments received by a local
11 governmental unit shall be deposited in that unit's General
12 Assistance Fund.
13 In the case of any conflict between this Section and the
14 provisions of this Act pertaining to the State Disbursement
15 Unit, the provisions pertaining to the State Disbursement
16 Unit shall control.
17 (15 ILCS 205/7.62 new)
18 Sec. 7.62. Information to State Case Registry.
19 (a) When an order for support is entered or modified
20 under Section 7.60, the clerk of the circuit court shall,
21 within 5 business days, provide to the State Case Registry
22 established under Section 7.292 the court docket number and
23 county in which the order is entered or modified and the
24 following information, which the parties shall disclose to
25 the court:
26 (1) The names of the custodial and non-custodial
27 parents and the child or children covered by the order.
28 (2) The dates of birth of the custodial and
29 non-custodial parents and of the child or children
30 covered by the order.
31 (3) The social security numbers of the custodial
32 and non-custodial parents and of the child or children
33 covered by the order.
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1 (4) The residential and mailing addresses for the
2 custodial and non-custodial parents.
3 (5) The telephone numbers for the custodial and
4 non-custodial parents.
5 (6) The driver's license numbers for the custodial
6 and non-custodial parents.
7 (7) The name, address, and telephone number of each
8 parent's employer or employers.
9 (b) When a child support order is entered or modified
10 for a case in which a party is receiving child support
11 services under this Act, the clerk shall provide the State
12 Case Registry with the following information:
13 (1) The information specified in subsection (a) of
14 this Section.
15 (2) The amount of monthly or other periodic support
16 owed under the order and other amounts, including
17 arrearages, interest, or late payment penalties and fees,
18 due or overdue under the order.
19 (3) Any amounts described in subdivision (2) of
20 this subsection (b) that have been received by the clerk.
21 (4) The distribution of the amounts received by the
22 clerk.
23 (c) A party shall report to the clerk of the circuit
24 court changes in information required to be disclosed under
25 this Section within 5 business days of the change. The clerk
26 shall report such changes in information to the State Case
27 Registry within 5 business days of receipt of the
28 information.
29 (d) To the extent that updated information is in the
30 clerk's possession, the clerk shall provide updates of the
31 information specified in subsection (b) of this Section
32 within 5 business days after the Attorney General's request
33 for that updated information.
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1 (15 ILCS 205/7.65 new)
2 Sec. 7.65. Collection fee. In all cases instituted by
3 the Attorney General on behalf of a child or spouse, other
4 than one receiving a grant of financial aid under Article IV
5 of the Illinois Public Aid Code, on whose behalf an
6 application has been made and approved for support services
7 as provided by Section 7.5, the court shall impose a
8 collection fee on the individual who owes a child or spouse
9 support obligation in an amount equal to 10% of the amount so
10 owed as long as such collection is required by federal law,
11 which fee shall be in addition to the support obligation.
12 The imposition of such fee shall be in accordance with
13 provisions of Title IV, Part D, of the Social Security Act
14 and regulations duly promulgated thereunder. The fee shall
15 be payable to the clerk of the circuit court for transmittal
16 to the Attorney General and shall continue until support
17 services are terminated by the Attorney General.
18 (15 ILCS 205/7.70 new)
19 Sec. 7.70. Notice to circuit clerk of payment received.
20 For those cases in which support is payable to the clerk of
21 the circuit court for transmittal to the Attorney General or
22 the Illinois Department of Public Aid by order of court, and
23 the Attorney General collects support by assignment, offset,
24 withholding, deduction or other process permitted by law, the
25 Attorney General shall notify the clerk of the date and
26 amount of such collection. Upon notification, the clerk shall
27 record the collection on the payment record for the case.
28 In the case of any conflict between this Section and the
29 provisions of this Act pertaining to the State Disbursement
30 Unit, the provisions pertaining to the State Disbursement
31 Unit shall control.
32 (15 ILCS 205/7.75 new)
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1 Sec. 7.75. Transmittal of payments by circuit clerk.
2 For those cases in which child support is payable to the
3 clerk of the circuit court for transmittal to the Attorney
4 General or the Illinois Department of Public Aid by order of
5 court, the clerk shall transmit all such payments, within 4
6 working days of receipt, to ensure that funds are available
7 for immediate distribution by the Attorney General or the
8 Department to the person or entity entitled thereto in
9 accordance with standards of the Child Support Enforcement
10 Program established under Title IV-D of the Social Security
11 Act. The clerk shall notify the Attorney General or the
12 Department of the date of receipt and amount thereof at the
13 time of transmittal. Where the clerk has entered into an
14 agreement of cooperation with the Illinois Department of
15 Public Aid or the Attorney General to record the terms of
16 child support orders and payments made thereunder directly
17 into the IV-D Agency's automated data processing system, the
18 clerk shall account for, transmit and otherwise distribute
19 child support payments in accordance with such agreement in
20 lieu of the requirements contained herein.
21 (15 ILCS 205/7.80 new)
22 Sec. 7.80. Administrative orders. In lieu of actions for
23 court enforcement of support under Section 7.60, the Child
24 and Spouse Support Unit of the Attorney General, in
25 accordance with the rules of the Attorney General, may issue
26 an administrative order requiring the responsible relative to
27 comply with the terms of the determination and notice of
28 support due, determined and issued under Sections 7.40 and
29 7.45. The Unit may also enter an administrative order under
30 subsection (b) of Section 7.45. The administrative order
31 shall be served upon the responsible relative by United
32 States registered or certified mail. In cases in which the
33 responsible relative appeared at the office of the Child and
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1 Spouse Support Unit in response to the notice of support
2 obligation issued under Section 7.30, however, or in cases of
3 default in which the notice was served on the responsible
4 relative by certified mail, return receipt requested, or by a
5 private person as authorized under Section 7.30, or by any
6 method provided by law for service of summons, the
7 administrative determination of paternity or administrative
8 support order may be sent to the responsible relative by
9 ordinary mail addressed to the responsible relative's last
10 known address.
11 If a responsible relative or a person receiving child and
12 spouse support services under Sections 7.1 through 7.295
13 fails to petition the Attorney General for release from or
14 modification of the administrative order, as provided in
15 Section 7.90 or Section 7.97, the order shall become final
16 and there shall be no further administrative or judicial
17 remedy. Likewise a decision by the Attorney General as a
18 result of an administrative hearing, as provided in Sections
19 7.95 through 7.145, shall become final and enforceable if not
20 judicially reviewed under the Administrative Review Law, as
21 provided in Section 7.150.
22 Any new or existing support order entered by the Attorney
23 General under this Section shall be deemed to be a series of
24 judgments against the person obligated to pay support
25 thereunder, each such judgment to be in the amount of each
26 payment or installment of support and each such judgment to
27 be deemed entered as of the date the corresponding payment or
28 installment becomes due under the terms of the support order.
29 Each such judgment shall have the full force, effect and
30 attributes of any other judgment of this State, including the
31 ability to be enforced. Any such judgment is subject to
32 modification or termination only in accordance with Section
33 510 of the Illinois Marriage and Dissolution of Marriage Act.
34 A lien arises by operation of law against the real and
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1 personal property of the noncustodial parent for each
2 installment of overdue support owed by the noncustodial
3 parent.
4 (15 ILCS 205/7.82 new)
5 Sec. 7.82. Administrative support order information for
6 State Case Registry. When the Attorney General enters an
7 administrative support order under this Act or modifies such
8 an order, the custodial parent and the non-custodial parent
9 shall provide to the Attorney General, and update as
10 appropriate, the following information to be included in the
11 State Case Registry established under Section 7.292:
12 (1) The names of the custodial and non-custodial
13 parents and of the child or children covered by the
14 order.
15 (2) The dates of birth of the custodial and
16 non-custodial parents and of the child or children
17 covered by the order.
18 (3) The social security numbers of the custodial
19 and non-custodial parents and of the child or children
20 covered by the order.
21 (4) The residential and mailing addresses for the
22 custodial and non-custodial parents.
23 (5) The telephone numbers for the custodial and
24 non-custodial parents.
25 (6) The driver's license numbers for the custodial
26 and non-custodial parents.
27 (7) The name, address, and telephone number of each
28 parent's employer or employers.
29 (8) Any other information that may be required
30 under Title IV, Part D of the Social Security Act or
31 regulations promulgated thereunder.
32 (15 ILCS 205/7.85 new)
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1 Sec. 7.85. Unemployed responsible relatives.
2 (a) Whenever it is determined in a proceeding under
3 Section 7.40, 7.45, 7.80, or 7.180 that the responsible
4 relative is unemployed, and support is sought on behalf of
5 applicants for or recipients of financial aid under Article
6 IV of the Illinois Public Aid Code or other persons who are
7 given access to the child and spouse support services of that
8 Article as provided in Section 7.5 of this Act, the
9 administrative enforcement unit may order the responsible
10 relative to report to the Department of Human Services for
11 participation in job search, training or work programs
12 established under Section 9-6 and Article IXA of the Illinois
13 Public Aid Code or to the Illinois Department of Employment
14 Security for job search services or to make application with
15 the local Jobs Training Partnership Act provider for
16 participation in job search, training or work programs.
17 (b) Whenever it is determined that a responsible
18 relative owes past-due support for a child under an
19 administrative support order entered under subsection (b) of
20 Section 7.45 or under Section 7.80 or 7.180 and the child is
21 receiving assistance under the Illinois Public Aid Code, the
22 administrative enforcement unit shall order the following:
23 (1) that the responsible relative pay the past-due
24 support in accordance with a plan approved by the
25 administrative enforcement unit; or
26 (2) if the responsible relative owing past-due
27 support is unemployed, is subject to such a plan, and is
28 not incapacitated, that the responsible relative
29 participate in job search, training, or work programs
30 established under Section 9-6 and Article IXA of the
31 Illinois Public Aid Code.
32 (15 ILCS 205/7.90 new)
33 Sec. 7.90. Petition by responsible relative for release
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1 from or modification of administrative support order or
2 administrative determination of paternity.
3 (a) Any responsible relative aggrieved by an
4 administrative order entered under Section 7.80 or 7.85 or an
5 administrative determination of paternity entered under
6 Section 7.210 who has been duly notified of such order or
7 determination, may within 30 days from the date of mailing of
8 such order or determination, petition the Attorney General
9 for a release from or modification of the order or
10 determination. The day immediately subsequent to the mailing
11 of the order or determination shall be considered as the
12 first day, and the day such petition is received by the
13 Attorney General shall be considered as the last day in
14 computing the 30 day appeal period.
15 The Attorney General shall, upon receipt of a petition
16 within the 30 day appeal period, provide for a hearing to be
17 held thereon.
18 (b) Notwithstanding the 30-day appeal period set forth
19 in subsection (a), a man against whom a default
20 administrative determination of paternity has been entered
21 may have the determination vacated if, within 30 days after
22 being served with the determination, he appears in person at
23 the office to which he was given notice to appear for an
24 interview and files a written request for relief from the
25 determination. The Attorney General shall then proceed with
26 the establishment of paternity. A man may obtain relief
27 under this subsection from an administrative determination
28 of paternity only once in any proceeding to establish
29 paternity.
30 (15 ILCS 205/7.95 new)
31 Sec. 7.95. Hearing on petition. The Attorney General, or
32 any officer or employee thereof designated in writing by the
33 Attorney General, shall conduct hearings and investigations
-43- LRB9110276WHcs
1 in connection with petitions filed pursuant to Section 7.90
2 or Section 7.97. Responsible relatives and persons receiving
3 child and spouse support services under Sections 7.1 through
4 7.295 shall be entitled to appear in person, to be
5 represented by counsel at the hearing and to present all
6 relevant matter in support of their petitions. The provisions
7 of Sections 7.100 through 7.145 shall govern the hearing.
8 The hearing shall be de novo and the Attorney General's
9 determination of liability or non-liability shall be
10 independent of the determination of the administrative
11 enforcement unit.
12 (15 ILCS 205/7.97 new)
13 Sec. 7.97. Petition by person receiving child and spouse
14 support services for release from or modification of
15 administrative support order or administrative determination
16 of paternity. Any person receiving child and spouse support
17 services under Sections 7.1 through 7.295 who is aggrieved by
18 an administrative order entered under Section 7.80 or 7.85 or
19 an administrative determination of paternity entered under
20 Section 7.210 who has been duly notified of the order or
21 determination may, within 30 days after the date of mailing
22 of the order or determination, petition the Attorney General
23 for release from or modification of the order or
24 determination. The day immediately subsequent to the mailing
25 of the order or determination shall be considered as the
26 first day and the day the petition is received by the
27 Attorney General shall be considered as the last day in
28 computing the 30-day appeal period. Upon receiving a petition
29 within the 30-day appeal period, the Attorney General shall
30 provide for a hearing to be held on the petition.
31 (15 ILCS 205/7.100 new)
32 Sec. 7.100. Examination of records. The Attorney
-44- LRB9110276WHcs
1 General, or any properly designated officer or employee
2 thereof, may examine any books, papers, records or memoranda
3 bearing upon the determination of ability to support and the
4 order for support and upon any matter pertinent to the
5 relative's petition and may compel the attendance and
6 testimony of any person or persons, including the petitioning
7 responsible relative, having knowledge of matters germane to
8 the determination order, or the petition.
9 (15 ILCS 205/7.105 new)
10 Sec. 7.105. Hearings not subject to technical rules of
11 evidence or procedure. In the conduct of any hearing or
12 investigation, neither the Attorney General nor a person duly
13 authorized to conduct such hearing or investigation, shall be
14 bound by the technical rules of evidence, common law or
15 statutory, or by technical or formal rules of procedure, but
16 shall conduct the hearing or make the investigation in such
17 manner as seems best calculated to conform to substantial
18 justice and the spirit of the Illinois Public Aid Code and
19 Sections 7.1 through 7.295 of this Act. No informality in any
20 proceedings, or in the manner of taking testimony, shall
21 invalidate any order or decision made by the Attorney General
22 pursuant to such hearing or investigation.
23 (15 ILCS 205/7.110 new)
24 Sec. 7.110. Authority to administer oaths. The Attorney
25 General, or any person duly authorized to conduct such
26 hearing or investigation, shall have power to administer
27 oaths. Every person who, having taken an oath or made
28 affirmation before the Attorney General, or any duly
29 authorized officer or employee thereof, shall wilfully swear
30 or affirm falsely, shall be guilty of perjury, and upon
31 conviction shall be punished accordingly.
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1 (15 ILCS 205/7.115 new)
2 Sec. 7.115. Proof of records. The books, papers, records
3 and memoranda of the Illinois Department of Public Aid, the
4 Illinois Department of Human Services, and the Attorney
5 General or of the administrative enforcement unit, or parts
6 thereof, may be proved in any hearing, investigation, or
7 legal proceeding by a photostatic or other copy thereof under
8 the certificate of their respective Directors, and the
9 Attorney General or their designees. Such certified copy
10 shall, without further proof, be admitted into evidence in
11 the hearing before the Attorney General or in any other legal
12 proceeding.
13 (15 ILCS 205/7.120 new)
14 Sec. 7.120. Proof of necessitous circumstances. Proof in
15 any hearing before the Attorney General that a person is an
16 applicant for or recipient of assistance under the Illinois
17 Public Aid Code shall be prima facie proof that he or she is
18 a "person who is in necessitous circumstances by reason of
19 infirmity, unemployment, or other cause depriving him or her
20 of the means of a livelihood compatible with health and
21 well-being", within the meaning of the Illinois Public Aid
22 Code.
23 (15 ILCS 205/7.125 new)
24 Sec. 7.125. Subpoenas.
25 (a) The Attorney General, or any officer or employee
26 thereof designated in writing by the Attorney General, shall
27 at his or her own instance, or on the written request of any
28 other party to the proceeding, issue subpoenas requiring the
29 attendance of and the giving of testimony by witnesses, and
30 subpoenas duces tecum requiring the production of books,
31 papers, records or memoranda. The subpoenas and subpoenas
32 duces tecum may be served by any person of full age. Any
-46- LRB9110276WHcs
1 subpoena may be served in the same manner as a subpoena
2 issued out of a circuit court, and may also be served by
3 United States registered or certified mail, addressed to the
4 person concerned at his or her last known address, and proof
5 of such mailing shall be sufficient for the purposes of
6 Sections 7.1 through 7.295.
7 (b) Subpoenas duces tecum issued in other states shall
8 be afforded full faith and credit in this State. Every such
9 subpoena shall have the full force, effect, and attributes
10 of a subpoena issued in this State, including the ability to
11 be enforced.
12 (15 ILCS 205/7.130 new)
13 Sec. 7.130. Witness fees. The fees of witnesses for
14 attendance and travel shall be the same as the fees of
15 witnesses before the circuit court of this State; such fees
16 to be paid when the witness is excused from further
17 attendance. When the witness is subpoenaed at the instance of
18 the Attorney General or any employee thereof, the fees shall
19 be paid in the same manner as other expenses of the Attorney
20 General. If the witness is subpoenaed at the instance of any
21 other party to the proceeding, the Attorney General may
22 require that the cost of service of the subpoena or subpoena
23 duces tecum and the fee of the witness be borne by the party
24 at whose instance the witness is summoned. In such case, the
25 Attorney General may require a deposit to cover the cost of
26 such service and witness fees.
27 (15 ILCS 205/7.135 new)
28 Sec. 7.135. Compelling attendance of witness and
29 production of records. The circuit court, of the county
30 wherein the investigation or administrative hearing is held,
31 upon the application of the Attorney General or any duly
32 authorized officer or employee thereof, or upon the
-47- LRB9110276WHcs
1 application of any other party to the proceeding, may, in its
2 discretion, compel the attendance of witnesses, the
3 production of books, papers, records or memorandum and the
4 giving of testimony before the Attorney General or any duly
5 authorized officer or employee thereof conducting an
6 investigation or holding a hearing authorized by Sections 7.1
7 through 7.295, by an attachment for contempt, or otherwise,
8 in the same manner as production of evidence may be compelled
9 before the court.
10 (15 ILCS 205/7.140 new)
11 Sec. 7.140. Penalty for non-compliance with subpoena.
12 Any person who is served with a subpoena or subpoena duces
13 tecum, issued by the Attorney General or any duly authorized
14 officer or employee thereof, to appear and testify or to
15 produce books and papers, in the course of an investigation
16 or hearing authorized by law, and who refuses or neglects to
17 appear, or to testify, or to produce books and papers
18 relevant to such investigation or hearing, as commanded in
19 such subpoena, shall be guilty of a Class B misdemeanor.
20 (15 ILCS 205/7.145 new)
21 Sec. 7.145. Depositions. The Attorney General or any
22 duly authorized officer or employee thereof, or any other
23 party in an investigation or hearing before the Attorney
24 General, may cause the depositions of witnesses within or
25 without the State to be taken in the manner prescribed by law
26 for like depositions in civil actions in courts of this
27 State, and to that end compel the attendance of witnesses and
28 the production of books, papers, records or memoranda.
29 (15 ILCS 205/7.150 new)
30 Sec. 7.150. Review of Attorney General decision on
31 petition for hearing. Any responsible relative or person
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1 receiving child and spouse support services under Sections
2 7.1 through 7.295 affected by a final administrative decision
3 of the Attorney General in a hearing, conducted pursuant to
4 Sections 7.95 through 7.145 in which such relative or person
5 receiving services was a party, may have the decision
6 reviewed only under and in accordance with the Administrative
7 Review Law. The provisions of the Administrative Review Law,
8 and the rules adopted pursuant thereto, shall apply to and
9 govern all proceedings for the judicial review of such final
10 administrative decisions of the Attorney General. The term
11 "administrative decision" is defined as in Section 3-101 of
12 the Code of Civil Procedure.
13 Appeals from all final orders and judgments entered by a
14 court upon review of the Attorney General's order in any case
15 may be taken by either party to the proceeding and shall be
16 governed by the rules applicable to appeals in civil cases.
17 The remedy herein provided for appeal shall be exclusive,
18 and no court shall have jurisdiction to review the subject
19 matter of any order made by the Attorney General except as
20 herein provided.
21 (15 ILCS 205/7.152 new)
22 Sec. 7.152. Relief from administrative orders.
23 Notwithstanding the 30-day appeal period provided in Sections
24 7.90 and 7.97 and the limitation on review of final
25 administrative decisions contained in Section 7.150, a
26 responsible relative or a person receiving child and spouse
27 support services under Sections 7.1 through 7.295 who is
28 aggrieved by an administrative order entered under Section
29 7.80 or 7.85 or an administrative determination of paternity
30 entered under Section 7.210 and who did not petition within
31 the 30-day appeal period may petition the Attorney General
32 for relief from the administrative order or determination on
33 the same grounds as are provided for relief from judgments
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1 under Section 2-1401 of the Code of Civil Procedure. The
2 petition must be filed not later than 2 years after the entry
3 of the order or determination by the Attorney General. The
4 day immediately subsequent to the mailing of the order or
5 determination shall be considered as the first day and the
6 day the petition is received by the Attorney General shall be
7 considered as the last day in computing the 2-year period.
8 Any period during which the person seeking relief is under a
9 legal disability or duress or during which the grounds for
10 relief are fraudulently concealed shall be excluded in
11 computing the period of 2 years.
12 Upon receiving a petition within the 2-year period, the
13 Attorney General shall provide for a hearing to be held on
14 the petition.
15 (15 ILCS 205/7.155 new)
16 Sec. 7.155. Enforcement of administrative order. If a
17 responsible relative refuses, neglects, or fails to comply
18 with a final administrative support or reimbursement order of
19 the Attorney General entered by the Child and Spouse Support
20 Unit pursuant to Section 7.80 or 7.85 or registered pursuant
21 to Section 7.180, the Child and Spouse Support Unit may file
22 suit against the responsible relative or relatives to secure
23 compliance with the administrative order.
24 Suits shall be instituted in the name of the People of
25 the State of Illinois on the relation of the Attorney General
26 of the State of Illinois and the spouse or dependent children
27 for whom the support order has been issued.
28 The court shall order the payment of the support
29 obligation, or orders for reimbursement of moneys for support
30 provided, directly to the Attorney General but the order
31 shall permit the Attorney General to direct the responsible
32 relative or relatives to make payments of support directly to
33 the spouse or dependent children, or to some person or agency
-50- LRB9110276WHcs
1 in their behalf, as provided in Section 7.50 or 7.60, as
2 applicable.
3 Whenever it is determined in a proceeding to enforce an
4 administrative order that the responsible relative is
5 unemployed, and support is sought on behalf of applicants for
6 or recipients of financial aid under Article IV of the
7 Illinois Public Aid Code or other persons who are given
8 access to the child and spouse support services of Sections
9 7.1 through 7.295 as provided in Section 7.5, the court may
10 order the responsible relative to seek employment and report
11 periodically to the court with a diary, listing or other
12 memorandum of his or her efforts in accordance with such
13 order. In addition, the court may order the unemployed
14 responsible relative to report to the Department of Human
15 Services for participation in job search, training or work
16 programs established under Section 9-6 and Article IXA of the
17 Illinois Public Aid Code or to the Illinois Department of
18 Employment Security for job search services or to make
19 application with the local Jobs Training Partnership Act
20 provider for participation in job search, training or work
21 programs.
22 (15 ILCS 205/7.160 new)
23 Sec. 7.160. Judicial enforcement of court and
24 administrative support orders. Court orders entered in
25 proceedings under Section 7.60 and court orders for
26 enforcement of an administrative order under Section 7.155
27 and for the payment of money may be enforced by attachment as
28 for contempt against the persons of the defendants, and in
29 addition, as other judgments for the payment of money, and
30 costs may be adjudged against the defendants and apportioned
31 among them; but if the complaint is dismissed, costs shall be
32 borne by the Attorney General or the local governmental unit,
33 as the case may be. If a responsible relative is directed by
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1 the Attorney General, or the local governmental unit, under
2 the conditions stated in Section 7.50, to make support
3 payments directly to the person, or to some person or agency
4 in his or her behalf, the court order entered against him or
5 her under this Section or Section 7.60 may be enforced as
6 herein provided if he thereafter fails to furnish support in
7 accordance with its terms. The State of Illinois shall not
8 be required to make a deposit for or pay any costs or fees of
9 any court or officer thereof in any proceeding instituted
10 under this Section.
11 The provisions of the Civil Practice Law, and all
12 amendments and modifications thereof, shall apply to and
13 govern all actions instituted under this Section and Section
14 7.60. In such actions proof that a person is an applicant for
15 or recipient of public aid under any Article of the Illinois
16 Public Aid Code shall be prima facie proof that he is a
17 person in necessitous circumstances by reason of infirmity,
18 unemployment or other cause depriving him or her of the means
19 of a livelihood compatible with health and well-being.
20 Payments under this Section to the Illinois Department of
21 Public Aid or the Attorney General pursuant to the Child
22 Support Enforcement Program established by Title IV-D of the
23 Social Security Act shall be paid into the Child Support
24 Enforcement Trust Fund. All payments under this Section to
25 the Illinois Department of Human Services shall be deposited
26 in the DHS Recoveries Trust Fund. Disbursements from these
27 funds shall be as provided in Sections 12-9.1 and 12-10.2 of
28 the Illinois Public Aid Code. Payments received by a local
29 governmental unit shall be deposited in that unit's General
30 Assistance Fund.
31 In addition to the penalties or punishment that may be
32 imposed under this Section, any person whose conduct
33 constitutes a violation of Section 15 of the Non-Support
34 Punishment Act may be prosecuted under that Act, and a person
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1 convicted under that Act may be sentenced in accordance with
2 that Act. The sentence may include but need not be limited
3 to a requirement that the person perform community service
4 under Section 50 of that Act. A person may not be required
5 to participate in a work alternative program under Section 50
6 of that Act if the person is currently participating in a
7 work program pursuant to Section 7.85 of this Act.
8 (15 ILCS 205/7.165 new)
9 Sec. 7.165. Withholding of income to secure payment of
10 support. Orders for support entered under Sections 7.1
11 through 7.295 of this Act are subject to the Income
12 Withholding for Support Act.
13 (15 ILCS 205/7.170 new)
14 Sec. 7.170. Posting security, bond or guarantee to
15 secure payment. The court may require the responsible
16 relative to post security or bond or give some other
17 guarantee of a character and amount sufficient to assure
18 payment of any amount of support due.
19 (15 ILCS 205/7.172 new)
20 Sec. 7.172. Information concerning obligors.
21 (a) In this Section:
22 "Arrearage", "delinquency", "obligor", and "order for
23 support" have the meanings attributed to those terms in
24 Section 7.165 of this Act.
25 "Consumer reporting agency" has the meaning attributed to
26 that term in Section 603(f) of the Fair Credit Reporting Act,
27 15 U.S.C. 1681a(f).
28 (b) Whenever a court of competent jurisdiction finds
29 that an obligor either owes an arrearage of more than $10,000
30 or is delinquent in payment of an amount equal to at least 3
31 months' support obligation pursuant to an order for support,
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1 the court shall direct the clerk of the court to make
2 information concerning the obligor available to consumer
3 reporting agencies.
4 (c) Whenever a court of competent jurisdiction finds
5 that an obligor either owes an arrearage of more than $10,000
6 or is delinquent in payment of an amount equal to at least 3
7 months' support obligation pursuant to an order for support,
8 the court shall direct the clerk of the court to cause the
9 obligor's name and address to be published in a newspaper of
10 general circulation in the area in which the obligor resides.
11 The clerk shall cause the obligor's name and address to be
12 published only after sending to the obligor at the obligor's
13 last known address, by certified mail, return receipt
14 requested, a notice of intent to publish the information.
15 This subsection (c) applies only if the obligor resides in
16 the county in which the clerk of the court holds office.
17 (15 ILCS 205/7.175 new)
18 Sec. 7.175. Other actions and remedies for support. The
19 procedures, actions and remedies provided in Sections 7.1
20 through 7.295 shall in no way be exclusive, but shall be
21 available in addition to other actions and remedies of
22 support, including, but not by way of limitation, the
23 remedies provided in the Parentage Act of 1984, the
24 Non-Support Punishment Act, and the Revised Uniform
25 Reciprocal Enforcement of Support Act.
26 (15 ILCS 205/7.180 new)
27 Sec. 7.180. Administrative order by registration. The
28 Attorney General may provide by rule for the administrative
29 registration of a support order entered by a court or
30 administrative body of another state. The purpose of
31 registration shall be to enforce or modify the order in
32 accordance with the provisions of the Uniform Interstate
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1 Family Support Act. Upon registration, such support order
2 shall become an administrative order of the Child and Spouse
3 Support Unit by operation of law. The rule shall provide for
4 notice to and an opportunity to be heard by the responsible
5 relative and custodial parent affected and any final
6 administrative decision rendered by the Attorney General
7 shall be reviewed only under and in accordance with the
8 Administrative Review Law.
9 Any new or existing support order registered by the
10 Attorney General under this Section shall be deemed to be a
11 series of judgments against the person obligated to pay
12 support thereunder, each such judgment to be in the amount of
13 each payment or installment of support and each such judgment
14 to be deemed entered as of the date the corresponding payment
15 or installment becomes due under the terms of the support
16 order. Each such judgment shall be enforceable in the same
17 manner as any other judgment in this State. A lien arises by
18 operation of law against the real and personal property of
19 the noncustodial parent for each installment of overdue
20 support owed by the noncustodial parent.
21 (15 ILCS 205/7.185 new)
22 Sec. 7.185. Income withholding by administrative order.
23 The Attorney General may provide by rule for entry of an
24 administrative support order containing income withholding
25 provisions and for service and enforcement of an income
26 withholding notice, by the Child and Spouse Support Unit
27 based upon and in the same manner as prescribed by the Income
28 Withholding for Support Act. The penalties provided in the
29 Income Withholding for Support Act shall apply hereto and
30 shall be enforced by filing an action under that Act. The
31 rule shall provide for notice to and an opportunity to be
32 heard by the responsible relative affected and any final
33 administrative decision rendered by the Attorney General
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1 shall be reviewed only under and in accordance with the
2 Administrative Review Law.
3 (15 ILCS 205/7.190 new)
4 Sec. 7.190. Federal income tax refund intercept. The
5 Attorney General may provide by rule for certification to the
6 Department of Health and Human Services of past due support
7 owed by responsible relatives under a support order entered
8 by a court or administrative body of this or any other State
9 on behalf of resident or non-resident persons. The purpose
10 of certification shall be to intercept federal income tax
11 refunds due such relatives in order to satisfy such past due
12 support in whole or in part.
13 The rule shall provide for notice to and an opportunity
14 to be heard by the responsible relative affected and any
15 final administrative decision rendered by the Attorney
16 General shall be reviewed only under and in accordance with
17 the Administrative Review Law. Certification shall be
18 accomplished in accordance with Title IV, Part D of the
19 federal Social Security Act and rules and regulations
20 promulgated thereunder.
21 (15 ILCS 205/7.195 new)
22 Sec. 7.195. Security, bond or guarantee to secure
23 payment. The Attorney General may provide by rule for the
24 requiring of, or for the requesting of the court to require,
25 a responsible relative to post security or bond or give some
26 other guarantee of a character and amount sufficient to
27 assure payment of any amount due under a support order
28 entered by a court or administrative body of this or any
29 other State on behalf of resident or non-resident persons.
30 The rule shall provide for notice to and an opportunity to be
31 heard by each responsible relative affected and any final
32 administrative decision rendered by the Attorney General
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1 shall be reviewed only under and in accordance with the
2 Administrative Review Law.
3 (15 ILCS 205/7.200 new)
4 Sec. 7.200. State income tax refund and other payment
5 intercept. The Attorney General may provide by rule for
6 certification to the Comptroller of past due support owed by
7 responsible relatives under a support order entered by a
8 court or administrative body of this or any other State on
9 behalf of resident or non-resident persons. The purpose of
10 certification shall be to intercept state income tax refunds
11 and other payments due such relatives in order to satisfy
12 such past due support, in whole or in part, whether or not
13 such support is owed to the State. The rule shall provide
14 (i) for notice to and an opportunity to be heard by the
15 responsible relative and any joint payee affected, (ii) that
16 any final administrative decision rendered by the Attorney
17 General shall be reviewed only under and in accordance with
18 the Administrative Review Law, (iii) for distribution of
19 intercepted moneys in accordance with the federal Personal
20 Responsibility and Work Opportunity Reconciliation Act of
21 1996, and (iv) for provision of the responsible relative's
22 social security number (or numbers if the responsible
23 relative has more than one such number) and home address to
24 the Illinois Department of Public Aid and to the Attorney
25 General. In any case where a state income tax refund is
26 intercepted wrongfully or erroneously, the Attorney General
27 shall pay to such relative and any joint payee affected the
28 amount of the refund plus interest, if any, on such amount at
29 the rate of 9% per annum (or at such adjusted rate as is
30 established under Section 6621(b) of the Internal Revenue
31 Code). Interest shall be calculated from the date the
32 Attorney General receives the refund or from 60 days
33 following the date the Attorney General receives a request to
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1 be heard, whichever is later, until the date of payment to
2 such relative and joint payee.
3 (15 ILCS 205/7.205 new)
4 Sec. 7.205. Past due support information to licensing
5 agencies. The Attorney General may provide by rule for
6 certification to any State licensing agency of past due
7 support owed by responsible relatives under a support order
8 entered by a court or administrative body of this or any
9 other State on behalf of resident or non-resident persons.
10 The rule shall provide for notice to and an opportunity to be
11 heard by each responsible relative affected and any final
12 administrative decision rendered by the Attorney General
13 shall be reviewed only under and in accordance with the
14 Administrative Review Law.
15 (15 ILCS 205/7.210 new)
16 Sec. 7.210. Administrative determination of paternity.
17 The Attorney General may provide by rule for the
18 administrative determination of paternity by the Child and
19 Spouse Support Unit in cases involving applicants for or
20 recipients of financial aid under Article IV of the Illinois
21 Public Aid Code and other persons who are given access to the
22 child and spouse support services of this Article as provided
23 in Section 7.5, including persons similarly situated and
24 receiving similar services in other states. The rules shall
25 extend to cases in which the mother and alleged father
26 voluntarily acknowledge paternity in the form required by the
27 Attorney General, or agree to be bound by the results of
28 genetic testing, or in which the alleged father has failed to
29 respond to a notification of support obligation issued under
30 Section 7.30, and to cases of contested paternity. Any
31 presumption provided for under the Illinois Parentage Act of
32 1984 shall apply to cases in which paternity is determined
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1 under the rules of the Attorney General. The rules shall
2 provide for notice and an opportunity to be heard by the
3 responsible relative and the person receiving child and
4 spouse support services under Sections 2.1 through 2.295 if
5 paternity is not voluntarily acknowledged, and any final
6 administrative decision rendered by the Attorney General
7 shall be reviewed only under and in accordance with the
8 Administrative Review Law. Determinations of paternity made
9 by the Attorney General under the rules authorized by this
10 Section shall have the full force and effect of a court
11 judgment of paternity entered under the Illinois Parentage
12 Act of 1984.
13 In determining paternity in contested cases, the Attorney
14 General shall conduct the evidentiary hearing in accordance
15 with Section 11 of the Parentage Act of 1984, except that
16 references in that Section to "the court" shall be deemed to
17 mean the Attorney General's hearing officer in cases in which
18 paternity is determined administratively by the Attorney
19 General.
20 The Attorney General shall provide by rule for procedures
21 for genetic testing in accordance with any applicable federal
22 laws.
23 Notwithstanding any other provision of Sections 7.1
24 through 7.295, a default determination of paternity may be
25 made if service of the notice under Section 7.30 was made by
26 publication under the rules for administrative paternity
27 determination authorized by this Section. The rules as they
28 pertain to service by publication shall (i) be based on the
29 provisions of Section 2-206 and 2-207 of the Code of Civil
30 Procedure, (ii) provide for service by publication in cases
31 in which the whereabouts of the alleged father are unknown
32 after diligent location efforts by the Child and Spouse
33 Support Unit, and (iii) provide for publication of a notice
34 of default paternity determination in the same manner that
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1 the notice under Section 7.30 was published.
2 The Attorney General may implement this Section through
3 the use of emergency rules in accordance with Section 5-45 of
4 the Illinois Administrative Procedure Act. For purposes of
5 the Illinois Administrative Procedure Act, the adoption of
6 rules to implement this Section shall be considered an
7 emergency and necessary for the public interest, safety, and
8 welfare.
9 (15 ILCS 205/7.215 new)
10 Sec. 7.215. New birth certificate. The Attorney General
11 shall notify the Department of Public Health of a final
12 determination of parentage and a voluntary acknowledgment of
13 paternity made under the rules authorized by Section 7.210,
14 and the Department of Public Health shall issue a new
15 certificate of birth pursuant to Section 17 of the Vital
16 Records Act.
17 (15 ILCS 205/7.220 new)
18 Sec. 7.220. Past due support information to State
19 Department of Revenue.
20 (a) The Attorney General may provide by rule for
21 certification to the Illinois Department of Revenue of past
22 due support owed by responsible relatives under a support
23 order entered by a court or administrative body of this or
24 any other State on behalf of resident or non-resident
25 persons. The rule shall provide for notice to and an
26 opportunity to be heard by each responsible relative
27 affected. Any final administrative decision rendered by the
28 Attorney General shall be reviewed only under and in
29 accordance with the Administrative Review Law. A responsible
30 relative may avoid certification to the Illinois Department
31 of Revenue by establishing a satisfactory repayment record as
32 determined by the Attorney General.
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1 (b) A certified past due support amount shall be final.
2 The certified amount shall be payable to the Illinois
3 Department of Revenue upon written notification of the
4 certification to the responsible relative by the Illinois
5 Department of Revenue.
6 (c) In the event a responsible relative overpays
7 pursuant to collection under this Section and the applicable
8 Sections of the Illinois Income Tax Act, the overpayment
9 shall be a credit against future support obligations. If the
10 current support obligation of the responsible relative has
11 terminated under operation of law or court order, any moneys
12 overpaid but still in the possession of the Attorney General
13 shall be promptly returned to the responsible relative.
14 (d) Except as otherwise provided in this Article, any
15 child support delinquency certified to the Illinois
16 Department of Revenue shall be treated as a child support
17 delinquency for all other purposes, and any collection action
18 by the State's Attorney or the Illinois Department of Revenue
19 with respect to any delinquency certified under Sections 7.1
20 through 7.295 shall have the same priority against
21 attachment, execution, assignment, or other collection action
22 as is provided by any other provision of State law.
23 (e) Any child support delinquency collected by the
24 Illinois Department of Revenue, including those amounts that
25 result in overpayment of a child support delinquency, shall
26 be deposited in, or transferred to, the Child Support
27 Enforcement Trust Fund.
28 (15 ILCS 205/7.221 new)
29 Sec. 7.221. Requests to other states for administrative
30 enforcement. The Attorney General may provide by rule for the
31 procedures to be followed in the administrative enforcement
32 of interstate cases. The rule may provide for responses to
33 requests made by other states to enforce support orders in
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1 accordance with any applicable federal laws and regulations,
2 for certification to other states' child support enforcement
3 agencies of past due support owed by responsible relatives
4 under a support order entered by a court or administrative
5 body of this or any other state on behalf of resident or
6 nonresident persons (including certification of the amount of
7 support in arrears and of compliance with all procedural due
8 process requirements), and for maintenance of records
9 relating to interstate cases. The purpose of certification
10 shall be to request the other states' assistance in
11 administrative enforcement of the support orders. The rule
12 shall provide for notice to and an opportunity to be heard by
13 the responsible relative affected, and any final
14 administrative decision rendered by the Attorney General
15 shall be reviewed only under and in accordance with the
16 Administrative Review Law.
17 (15 ILCS 205/7.223 new)
18 Sec. 7.223. Grandparents' support obligation. If the
19 noncustodial parent of a child is an unemancipated minor,
20 then to the extent that the minor parent has insufficient
21 financial resources to fulfill his or her support
22 responsibilities to the child, the parents of that minor
23 parent are jointly and severally responsible for any child
24 support for the child of that minor parent if that child is a
25 recipient of assistance under the State's plan for aid and
26 services to needy families with children.
27 (15 ILCS 205/7.225 new)
28 Sec. 7.225. Recoveries; deductibility of direct
29 relatives' support payment. In any actions for the recovery
30 of the financial aid, including actions for the enforcement
31 of estate and lien claims, amounts contributed by responsible
32 relatives either voluntarily or by court or administrative
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1 order and paid to the Illinois Department of Public Aid or to
2 a local governmental unit shall be deducted from the claim of
3 the State or the governmental unit.
4 (15 ILCS 205/7.230 new)
5 Sec. 7.230. Support payments ordered under other laws.
6 The Attorney General, Illinois Department of Public Aid, and
7 local governmental units are authorized to receive payments
8 directed by court order for the support of recipients, as
9 provided in the following Acts:
10 (1) The Non-Support of Spouse and Children Act.
11 (2) The Illinois Marriage and Dissolution of
12 Marriage Act.
13 (2.5) The Non-Support Punishment Act.
14 (3) The Illinois Parentage Act.
15 (4) The Revised Uniform Reciprocal Enforcement of
16 Support Act.
17 (5) The Juvenile Court Act or the Juvenile Court
18 Act of 1987.
19 (6) The Unified Code of Corrections.
20 (7) Part 7 of Article XII of the Code of Civil
21 Procedure.
22 (8) Part 8 of Article XII of the Code of Civil
23 Procedure.
24 (9) Other laws which may provide by judicial order
25 for direct payment of support moneys.
26 Payments under this Section to the Illinois Department of
27 Public Aid or the Attorney General pursuant to the Child
28 Support Enforcement Program established by Title IV-D of the
29 Social Security Act shall be paid into the Child Support
30 Enforcement Trust Fund. All payments under this Section to
31 the Illinois Department of Human Services shall be deposited
32 in the DHS Recoveries Trust Fund. Disbursements from these
33 funds shall be as provided in Sections 12-9.1 and 12-10.2 of
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1 the Illinois Public Aid Code. Payments received by a local
2 governmental unit shall be deposited in that unit's General
3 Assistance Fund.
4 (15 ILCS 205/7.235 new)
5 Sec. 7.235. Amnesty program. The Attorney General may
6 provide by rule for the establishment of a child support
7 enforcement amnesty program for responsible relatives who owe
8 support under Sections 7.1 through 7.295, to the extent
9 permitted by federal law and regulation. The rule shall
10 provide for the suspending of specified enforcement actions,
11 the duration of the suspension period or periods, the action
12 the responsible relative must take to avoid future
13 enforcement action, and the announcement of the program.
14 (15 ILCS 205/7.240 new)
15 Sec. 7.240. Collection of past-due child support charge.
16 The Attorney General may collect, on behalf of the Illinois
17 Department of Public Aid, any one-time charge imposed on the
18 amount of past-due child support in accordance with Section
19 10-21 of the Illinois Public Aid Code, subsection (c) of
20 Section 505 of the Illinois Marriage and Dissolution of
21 Marriage Act, Section 3 of the Non-Support of Spouse and
22 Children Act, Section 24 of the Revised Uniform Reciprocal
23 Enforcement of Support Act, and subsection (g) of Section 14
24 of the Illinois Parentage Act of 1984.
25 (15 ILCS 205/7.250 new)
26 Sec. 7.250. Employer obligations. If a parent is
27 required by a court or administrative order for support to
28 provide coverage for a child's health care expenses and if
29 that coverage is available to the parent through an employer
30 who does business in this State, the employer must do all of
31 the following upon receipt of a copy of the order of support
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1 or order for withholding:
2 (1) The employer shall, upon the parent's request,
3 permit the parent to include in that coverage a child who
4 is otherwise eligible for that coverage, without regard
5 to any enrollment season restrictions that might
6 otherwise be applicable as to the time period within
7 which the child may be added to that coverage.
8 (2) If the parent has health care coverage through
9 the employer but fails to apply for coverage of the
10 child, the employer shall include the child in the
11 parent's coverage upon application by the child's other
12 parent or the Attorney General.
13 (3) The employer may not eliminate any child from
14 the parent's health care coverage unless the employee is
15 no longer employed by the employer and no longer covered
16 under the employer's group health plan or unless the
17 employer is provided with satisfactory written evidence
18 of either of the following:
19 (A) The court or administrative order is no
20 longer in effect.
21 (B) The child is or will be included in a
22 comparable health care plan obtained by the parent
23 under such order that is currently in effect or will
24 take effect no later than the date the prior
25 coverage is terminated.
26 The employer may eliminate a child from a parent's
27 health care coverage if the employer has eliminated
28 dependent health care coverage for all of its employees.
29 (15 ILCS 205/7.255 new)
30 Sec. 7.255. Definitions. In this Section through
31 Section 7.285:
32 "Account" means a demand deposit account, checking or
33 negotiable withdrawal order account, savings account, time
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1 deposit account, or money market mutual fund account.
2 "Financial institution" includes:
3 (1) a depository institution, which is any bank or
4 saving association;
5 (2) an insured depository institution, which is any
6 bank or saving institution the deposits of which are
7 insured pursuant to the Federal Deposit Insurance Act, or
8 any uninsured branch or agency of a foreign bank or a
9 commercial lending company owned or controlled by a
10 foreign bank;
11 (3) a federal depository institution, which is any
12 national bank, any federal savings association, or any
13 federal branch;
14 (4) a state depository institution, which is any
15 state bank, any state savings association, or any insured
16 branch which is not a federal branch;
17 (5) a federal credit union, which is a cooperative
18 association organized in accordance with the provisions
19 of the Federal Credit Union Act;
20 (6) a state chartered credit union which is
21 organized and operated according to the laws of this or
22 any other state, which laws provide for the organization
23 of credit unions similar in principle and objectives to
24 federal credit unions; and
25 (7) any benefit association, insurance company,
26 safe deposit company, money market mutual fund, or
27 similar entity authorized to do business in this State.
28 "Financial record" has the meaning given to that term in
29 Section 1101 of the federal Right to Financial Privacy Act of
30 1978 (12 U.S.C. 3401).
31 (15 ILCS 205/7.260 new)
32 Sec. 7.260. Financial institutions data matches.
33 (a) The Attorney General may design and implement a data
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1 match system pursuant to which the Attorney General shall
2 enter into agreements with financial institutions doing
3 business in this State for the purpose of identifying
4 accounts as defined in Section 7.255 of responsible relatives
5 who owe past-due child support.
6 (b) Every agreement entered into with a financial
7 institution under this Section shall provide, at the option
8 of the financial institution, either (i) that the financial
9 institution shall compare data concerning account holders,
10 owners, or customers who maintain one or more accounts as
11 defined in Section 7.255 at the financial institution with
12 data concerning individuals identified by the Attorney
13 General as responsible relatives who owe past-due child
14 support and for each of whom the Attorney General shall
15 provide the name, record address, and social security number
16 or tax identification number, or (ii) that the financial
17 institution shall provide the social security number or tax
18 identification number of the account holders, owners, or
19 customers who maintain one or more accounts as defined in
20 Section 7.255 at the financial institution to the Attorney
21 General, who shall compare that data with data concerning
22 individuals identified as responsible relatives who owe
23 past-due child support.
24 (c) Every agreement shall provide that the Attorney
25 General shall pay to the financial institution providing or
26 comparing the data a reasonable fee not to exceed the
27 institution's actual cost of providing the data or performing
28 the comparison.
29 (d) If the financial institution or Attorney General
30 determines that the name and either social security number or
31 tax identification number of an individual identified by the
32 Attorney General under subsection (b) match the name and
33 either social security number or tax identification number of
34 the account holder, owner, or customer who maintains one or
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1 more accounts as defined in Section 7.255 at the financial
2 institution, then the financial institution shall report the
3 individual's name and either social security number or tax
4 identification number to the Attorney General, for each
5 calendar quarter in which the individual is identified by the
6 Attorney General as a responsible relative who owes past-due
7 child support.
8 (15 ILCS 205/7.265 new)
9 Sec. 7.265. Types of accounts to be reported. The
10 reporting requirements of Section 7.260 regarding accounts as
11 defined in Section 7.255 apply to individual accounts, joint
12 accounts, and sole proprietorship accounts. In the case of a
13 joint account, the account holder or owner shall be deemed to
14 be the primary account holder or owner established by the
15 financial institution in accordance with federal 1099
16 reporting requirements.
17 (15 ILCS 205/7.270 new)
18 Sec. 7.270. Accommodation of financial institutions.
19 The Attorney General shall make a reasonable effort to
20 accommodate those financial institutions on which the
21 requirements of Sections 7.1 through 7.295 would impose a
22 hardship. In the case of a non-automated financial
23 institution, a paper copy including either social security
24 numbers or tax identification numbers is an acceptable
25 format. In order to allow for data processing
26 implementation, no agreement shall become effective earlier
27 than 90 days after its execution.
28 (15 ILCS 205/7.275 new)
29 Sec. 7.275. Financial institution's charges on account.
30 (a) If the Attorney General requests a financial
31 institution to hold or encumber assets in an account as
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1 defined in Section 7.255, the financial institution at which
2 the account as defined in Section 7.255 is maintained may
3 charge and collect its normally scheduled account activity
4 fees to maintain the account during the period of time the
5 account assets are held or encumbered.
6 (b) If the Attorney General takes any action to enforce
7 a lien or levy imposed on an account, as defined in Section
8 7.255, under Section 7.295, the financial institution at
9 which the account is maintained may charge to the account a
10 fee of up to $50 and shall deduct the amount of the fee from
11 the account before remitting any moneys from the account to
12 the Attorney General.
13 (15 ILCS 205/7.280 new)
14 Sec. 7.280. Confidentiality. All information provided
15 by a financial institution under Sections 7.255 through 7.285
16 is confidential and may be used only for the purpose of
17 enforcing payment of child support. The Attorney General
18 shall adopt rules to safeguard any confidential information
19 received from a financial institution.
20 (15 ILCS 205/7.285 new)
21 Sec. 7.285. Financial institution's freedom from
22 liability. A financial institution that provides information
23 under Sections 7.255 through 7.285 shall not be liable to any
24 account holder, owner, or other person in any civil,
25 criminal, or administrative action for any of the following:
26 (1) Disclosing the required information to the
27 Attorney General, any other provisions of the law not
28 withstanding.
29 (2) Holding, encumbering, or surrendering any of an
30 individual's accounts as defined in Section 7.255 in
31 response to a lien or order to withhold and deliver
32 issued by:
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1 (A) the Attorney General under Sections 7.290
2 and 7.295; or
3 (B) a person or entity acting on behalf of the
4 Attorney General.
5 (3) Any other action taken or omission made in good
6 faith to comply with Sections 7.255 through 7.285,
7 including individual or mechanical errors, provided that
8 the action or omission does not constitute gross
9 negligence or willful misconduct.
10 (15 ILCS 205/7.290 new)
11 Sec. 7.290. Administrative liens and levies on real
12 property for past-due child support.
13 (a) The State shall have a lien on all legal and
14 equitable interests of responsible relatives in their real
15 property in the amount of past-due child support owing
16 pursuant to an order for child support entered under Sections
17 7.60 and 7.80 of this Act or Sections 10-10 and 10-11 of the
18 Illinois Public Aid Code or under the Illinois Marriage and
19 Dissolution of Marriage Act, the Non-Support of Spouse and
20 Children Act, the Non-Support Punishment Act, the Uniform
21 Interstate Family Support Act, or the Illinois Parentage Act
22 of 1984.
23 (b) The Attorney General shall provide by rule for
24 notice to and an opportunity to be heard by each responsible
25 relative affected, and any final administrative decision
26 rendered by the Attorney General shall be reviewed only under
27 and in accordance with the Administrative Review Law.
28 (c) When enforcing a lien under subsection (a) of this
29 Section, the Attorney General shall have the authority to
30 execute notices of administrative liens and levies, which
31 shall contain the name and address of the responsible
32 relative, a legal description of the real property to be
33 levied, the fact that a lien is being claimed for past-due
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1 child support, and such other information as the Attorney
2 General may by rule prescribe. The Attorney General shall
3 record the notice of lien with the recorder or registrar of
4 titles of the county or counties in which the real estate is
5 located.
6 (d) The State's lien under subsection (a) shall be
7 enforceable upon the recording or filing of a notice of lien
8 with the recorder or registrar of titles of the county or
9 counties in which the real estate is located. The lien shall
10 be prior to any lien thereafter recorded or filed and shall
11 be notice to a subsequent purchaser, assignor, or
12 encumbrancer of the existence and nature of the lien. The
13 lien shall be inferior to the lien of general taxes, special
14 assessment, and special taxes heretofore or hereafter levied
15 by any political subdivision or municipal corporation of the
16 State.
17 In the event that title to the land to be affected by the
18 notice of lien is registered under the Registered Titles
19 (Torrens) Act, the notice shall be filed in the office of the
20 registrar of titles as a memorial or charge upon each folium
21 of the register of titles affected by the notice; but the
22 State shall not have a preference over the rights of any bona
23 fide purchaser, mortgagee, judgment creditor, or other lien
24 holders registered prior to the registration of the notice.
25 (e) The recorder or registrar of titles of each county
26 shall procure a file labeled "Child Support Lien Notices" and
27 an index book labeled "Child Support Lien Notices". When
28 notice of any lien is presented to the recorder or registrar
29 of titles for filing, the recorder or registrar of titles
30 shall file it in numerical order in the file and shall enter
31 it alphabetically in the index. The entry shall show the
32 name and last known address of the person named in the
33 notice, the serial number of the notice, the date and hour of
34 filing, and the amount of child support due at the time when
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1 the lien is filed.
2 (f) The Attorney General shall not be required to
3 furnish bond or make a deposit for or pay any costs or fees
4 of any court or officer thereof in any legal proceeding
5 involving the lien.
6 (g) To protect the lien of the State for past-due child
7 support, the Attorney General may, from funds that are
8 available for that purpose, pay or provide for the payment of
9 necessary or essential repairs, purchase tax certificates,
10 pay balances due on land contracts, or pay or cause to be
11 satisfied any prior liens on the property to which the lien
12 hereunder applies.
13 (h) A lien on real property under this Section shall be
14 released pursuant to Section 12-101 of the Code of Civil
15 Procedure.
16 (i) The Attorney General, acting in behalf of the State,
17 may foreclose the lien in a judicial proceeding to the same
18 extent and in the same manner as in the enforcement of other
19 liens. The process, practice, and procedure for the
20 foreclosure shall be the same as provided in the Code of
21 Civil Procedure.
22 (15 ILCS 205/7.292 new)
23 Sec. 7.292. State case registry.
24 (a) The Attorney General shall establish an automated
25 State Case Registry to contain records concerning child
26 support orders for parties receiving child and spouse support
27 services under Sections 7.1 through 7.295, and for all child
28 support orders entered or modified on or after October 1,
29 1998, and pursuant to Sections 7.60 and 7.80, and pursuant to
30 the Illinois Marriage and Dissolution of Marriage Act, the
31 Non-Support of Spouse and Children Act, the Non-Support
32 Punishment Act, the Uniform Interstate Family Support Act, or
33 the Illinois Parentage Act of 1984.
-72- LRB9110276WHcs
1 (b) The Attorney General shall maintain the following
2 information in the Registry for all cases described in
3 subsection (a):
4 (1) the names of the custodial and non-custodial
5 parents, and of the child or children covered by the
6 order;
7 (2) the dates of birth of the custodial and
8 non-custodial parents, and of the child or children
9 covered by the order;
10 (3) the social security numbers of the custodial
11 and non-custodial parents and, if available, of the child
12 or children covered by the order;
13 (4) the residential and mailing addresses for the
14 custodial and non-custodial parents;
15 (5) the telephone numbers for the custodial and
16 non-custodial parents;
17 (6) the driver's license numbers for the custodial
18 and non-custodial parents;
19 (7) the name, address, and telephone number of each
20 parent's employer or employers;
21 (8) the case identification number;
22 (9) the court docket number, if applicable; and
23 (10) any other information that may be required
24 under Title IV, Part D of the Social Security Act or
25 regulations promulgated thereunder.
26 (c) The Attorney General shall maintain the following
27 payment information on child support orders for parties
28 receiving child and spouse support services under Sections
29 7.1 through 7.295.
30 (1) the amount of monthly or other periodic support
31 owed under the order and other amounts, including
32 arrearages, interest or late payment penalties, and fees,
33 due or overdue under the order;
34 (2) any amounts described in subdivision (1) of
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1 subsection (d) that have been collected;
2 (3) the distribution of the collected amounts; and
3 (4) the amount of any lien imposed with respect to
4 the order pursuant to Section 7.290 or Section 7.295 of
5 this Code.
6 (d) The Attorney General shall establish, update,
7 maintain, and monitor case records in the Registry of parties
8 receiving child and spouse support services under Sections
9 7.1 through 7.295 on the bases of:
10 (1) information on administrative actions and
11 administrative and judicial proceedings and orders
12 relating to paternity and support;
13 (2) information obtained from comparison with
14 federal, State, and local sources of information;
15 (3) information on support collections and
16 distribution; and
17 (4) any other relevant information.
18 (e) The Attorney General shall use the automated State
19 Case Registry to share and compare information with, and
20 receive information from, other data bases and information
21 comparison services in order to obtain (or provide)
22 information necessary to enable the Attorney General (or the
23 federal Department of Health and Human Services or other
24 State or federal agencies) to carry out the requirements of
25 the child support enforcement program established under Title
26 IV, Part D of the Social Security Act. Such information
27 comparison activities shall include the following:
28 (1) Furnishing to the Federal Case Registry of
29 Child Support Orders (and updating as necessary, with
30 information including notice of expiration of orders) the
31 information specified by the federal Department of Health
32 and Human Services in regulations.
33 (2) Exchanging information with the Federal Parent
34 Locator Service for the purposes specified in Section 453
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1 of the Social Security Act.
2 (3) Exchanging information with State agencies (of
3 this State and of other states) administering programs
4 funded under Title IV, Part A and Title XIX of the Social
5 Security Act and other programs designated by the federal
6 Department of Health and Human Services, as necessary to
7 perform responsibilities under Title IV, Part D of the
8 Social Security Act and under such other programs.
9 (4) Exchanging information with other agencies of
10 this State, agencies of other states, and interstate
11 information networks, as necessary and appropriate to
12 carry out (or assist other states to carry out) the
13 purposes of Title IV, Part D of the Social Security Act.
14 (f) The Attorney General shall adopt rules establishing
15 safeguards, applicable to all confidential information
16 included in the State Case Registry, that are designed to
17 protect the privacy rights of persons concerning whom
18 information is on record in the State Case Registry. Such
19 safeguards shall include, but not be limited to the
20 following:
21 (1) Prohibitions against the release of information
22 on the whereabouts of one party or the child to another
23 party against whom a protective order with respect to the
24 former party or the child has been entered.
25 (2) Prohibitions against the release of information
26 on the whereabouts of one party or the child to another
27 party if the Attorney General has reasonable evidence of
28 domestic violence or child abuse (that is, allegations of
29 domestic violence or child abuse, unless the Attorney
30 General has an independent, reasonable basis to find the
31 person making the allegation not credible) to the former
32 party or child by the party requesting information.
33 (3) Prohibitions against the release of information
34 on the whereabouts of one party or the child to another
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1 person if the Attorney General has reason to believe the
2 release of information to that person may result in
3 physical or emotional harm to the party or child.
4 (15 ILCS 205/7.293 new)
5 Sec. 7.293. State Disbursement Unit.
6 (a) The Illinois Department of Department of Public Aid
7 shall take all action necessary to transfer its
8 responsibility for carrying out its powers and duties
9 concerning the State Disbursement Unit established in
10 accordance with the requirements of Title IV-D of the Social
11 Security Act to the Attorney General. The Attorney General
12 shall enter into an agreement with a State or local
13 governmental unit or private entity to perform the functions
14 of the State Disbursement Unit as set forth in this Section
15 and the Attorney General shall carry out all responsibilities
16 formerly exercised by the Illinois Department of Public Aid
17 concerning agreements existing on the effective date of this
18 amendatory Act of the 91st General Assembly. The State
19 Disbursement Unit shall collect and disburse support payments
20 made under court and administrative support orders:
21 (1) being enforced in cases in which child and
22 spouse support services are being provided under this
23 Act; and
24 (2) in all cases in which child and spouse support
25 services are not being provided under this Act and in
26 which support payments are made under the provisions of
27 the Income Withholding for Support Act.
28 (a-5) If the State Disbursement Unit receives a support
29 payment that was not appropriately made to the Unit under
30 this Section, the Unit shall immediately return the payment
31 to the sender, including, if possible, instructions detailing
32 where to send the support payments.
33 (b) All payments received by the State Disbursement
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1 Unit:
2 (1) shall be deposited into an account obtained by
3 the State or local governmental unit or private entity,
4 as the case may be, and
5 (2) distributed and disbursed by the State
6 Disbursement Unit, in accordance with the directions of
7 the Attorney General, pursuant to Title IV-D of the
8 Social Security Act and rules promulgated by the Attorney
9 General.
10 (c) All support payments assigned to the Attorney
11 General under this Act and rules promulgated by the Act that
12 are disbursed to the Attorney General by the State
13 Disbursement Unit shall be paid into the Child Support
14 Enforcement Trust Fund.
15 (15 ILCS 205/7.294 new)
16 Sec. 7.294. Committees.
17 (a) The Attorney General shall appoint a Child Support
18 Advisory Committee to be composed of members of the General
19 Assembly, the judiciary, the private bar, and others with
20 expertise specific to child support establishment and
21 enforcement. Among the tasks of the Committee shall be the
22 periodic review of the State's child support guidelines as
23 required by the federal Family Support Act of 1988. Members
24 shall be appointed for one year terms commencing on January 1
25 of each year. Each newly appointed Committee shall elect a
26 chairperson from among its members. Members shall serve
27 without compensation, but shall be reimbursed for expenses
28 incurred in the performance of their duties. The Committee
29 shall meet at least quarterly and at other times at the call
30 of the chairperson or at the request of the Attorney General.
31 (b) The Attorney General shall establish an Electronic
32 Funds Transfer Committee. The Attorney General or his or her
33 designee shall be a member of the Committee and shall serve
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1 as chairperson of the Committee. The Attorney General shall
2 appoint 4 other members of the Committee, 2 of whom shall
3 represent employers in this State and 2 of whom shall
4 represent the banking industry in this State. The
5 administrator of the State Disbursement Unit shall be an ex
6 officio member of the Committee. The Committee shall study
7 ways to modify or expand the use of electronic funds
8 transfers for the payment of child support. The Committee
9 shall report its findings and recommendations to the Governor
10 and the General Assembly before December 1, 2001. The
11 Committee is abolished on December 1, 2001.
12 (15 ILCS 205/7.295 new)
13 Sec. 7.295. Administrative liens and levies on personal
14 property for past-due child support.
15 (a) The State shall have a lien on all legal and
16 equitable interests of responsible relatives in their
17 personal property, including any account in a financial
18 institution as defined in Section 7.255, or in the case of an
19 insurance company or benefit association only in accounts as
20 defined in Section 7.255, in the amount of past-due child
21 support owing pursuant to an order for child support entered
22 under Sections 7.60 and 7.80 of this Act or Sections 10-10
23 and 10-11 of the Illinois Public Aid Code or under the
24 Illinois Marriage and Dissolution of Marriage Act, the
25 Non-Support of Spouse and Children Act, the Non-Support
26 Punishment Act, the Uniform Interstate Family Support Act, or
27 the Illinois Parentage Act of 1984.
28 (b) The Attorney General shall provide by rule for
29 notice to and an opportunity to be heard by each responsible
30 relative affected, and any final administrative decision
31 rendered by the Attorney General shall be reviewed only under
32 and in accordance with the Administrative Review Law.
33 (c) When enforcing a lien under subsection (a) of this
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1 Section, the Attorney General shall have the authority to
2 execute notices of administrative liens and levies, which
3 shall contain the name and address of the responsible
4 relative, a description of the property to be levied, the
5 fact that a lien is being claimed for past-due child support,
6 and such other information as the Attorney General may by
7 rule prescribe. The Attorney General may serve the notice of
8 lien or levy upon any financial institution where the
9 accounts as defined in Section 7.255 of the responsible
10 relative may be held, for encumbrance or surrender of the
11 accounts as defined in Section 7.255 by the financial
12 institution.
13 (d) The Attorney General shall enforce its lien against
14 the responsible relative's personal property, other than
15 accounts as defined in Section 7.255 in financial
16 institutions, and levy upon such personal property in the
17 manner provided for enforcement of judgments contained in
18 Article XII of the Code of Civil Procedure.
19 (e) The Attorney General shall not be required to
20 furnish bond or make a deposit for or pay any costs or fees
21 of any court or officer thereof in any legal proceeding
22 involving the lien.
23 (f) To protect the lien of the State for past-due child
24 support, the Attorney General may, from funds that are
25 available for that purpose, pay or provide for the payment of
26 necessary or essential repairs, purchase tax certificates, or
27 pay or cause to be satisfied any prior liens on the property
28 to which the lien hereunder applies.
29 (g) A lien on personal property under this Section shall
30 be released in the manner provided under Article XII of the
31 Code of Civil Procedure. Notwithstanding the foregoing, a
32 lien under this Section on accounts as defined in Section
33 7.255 shall expire upon the passage of 120 days from the date
34 of issuance of the Notice of Lien or Levy by the Attorney
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1 General. However, the lien shall remain in effect during the
2 pendency of any appeal or protest.
3 (h) A lien created under this Section is subordinate to
4 any prior lien of the financial institution or any prior lien
5 holder or any prior right of set-off that the financial
6 institution may have against the assets, or in the case of an
7 insurance company or benefit association only in the accounts
8 as defined in Section 7.255.
9 (i) A financial institution has no obligation under this
10 Section to hold, encumber, or surrender the assets, or in the
11 case of an insurance company or benefit association only the
12 accounts as defined in Section 7.255, until the financial
13 institution has been properly served with a subpoena,
14 summons, warrant, court or administrative order, or
15 administrative lien and levy requiring that action.
16 Section 16. The State Comptroller Act is amended by
17 changing Section 10.05a as follows:
18 (15 ILCS 405/10.05a) (from Ch. 15, par. 210.05a)
19 Sec. 10.05a. Deductions from Warrants and Payments for
20 Satisfaction of Past Due Child Support. At the direction of
21 the Attorney General Department of Public Aid, the
22 Comptroller shall deduct from a warrant or other payment
23 described in Section 10.05 of this Act, in accordance with
24 the procedures provided therein, and pay over to the State
25 Disbursement Unit established under of the Attorney General
26 Act Section 10-26 of the Illinois Public Aid Code that amount
27 certified by the Attorney General as necessary to satisfy, in
28 whole or in part, past due support owed by a person on
29 account of support action being taken by the Attorney General
30 Department under the Attorney General Act Article X of the
31 Illinois Public Aid Code, whether or not such support is owed
32 to the State. Such deduction shall have priority over any
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1 garnishment except that for payment of state or federal
2 taxes. In the case of joint payees, the Comptroller shall
3 deduct and pay over to the State Disbursement Unit the entire
4 amount certified. The Comptroller shall provide the Attorney
5 General Department with the address to which the warrant or
6 other payment was to be mailed and the social security number
7 of each person from whom a deduction is made pursuant to this
8 Section.
9 (Source: P.A. 91-212, eff. 7-20-99.)
10 Section 16.5. The Children and Family Services Act is
11 amended by changing Section 9.1 as follows:
12 (20 ILCS 505/9.1) (from Ch. 23, par. 5009.1)
13 Sec. 9.1. The parents or guardians of the estates of
14 children accepted for care and training under the Juvenile
15 Court Act or the Juvenile Court Act of 1987, or through a
16 voluntary placement agreement with the parents or guardians
17 shall be liable for the payment to the Department, or to a
18 licensed or approved child care facility designated by the
19 Department of sums representing charges for the care and
20 training of those children at a rate to be determined by the
21 Department. The Department shall establish a standard by
22 which shall be measured the ability of parents or guardians
23 to pay for the care and training of their children, and shall
24 implement the standard by rules governing its application.
25 The standard and the rules shall take into account ability to
26 pay as measured by annual income and family size. Medical or
27 other treatment provided on behalf of the family may also be
28 taken into account in determining ability to pay if the
29 Department concludes that such treatment is appropriate.
30 In addition, the Department may provide by rule for
31 referral of Title IV-E foster care maintenance cases to the
32 Attorney General Department of Public Aid for child support
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1 services under Title IV-D of the Social Security Act. The
2 Department shall consider "good cause" as defined in
3 regulations promulgated under Title IV-A of the Social
4 Security Act, among other criteria, when determining whether
5 to refer a case and, upon referral, the parent or guardian of
6 the estate of a child who is receiving Title IV-E foster care
7 maintenance payments shall be deemed to have made an
8 assignment to the Department of any and all rights, title and
9 interest in any support obligation on behalf of a child. The
10 rights to support assigned to the Department shall constitute
11 an obligation owed the State by the person who is responsible
12 for providing the support, and shall be collectible under all
13 applicable processes.
14 The acceptance of children for services or care shall not
15 be limited or conditioned in any manner on the financial
16 status or ability of parents or guardians to make such
17 payments.
18 (Source: P.A. 85-1209; 86-1311.)
19 Section 17. The New Hire Reporting Act is amended by
20 changing Section 35 as follows:
21 (20 ILCS 1020/35)
22 Sec. 35. Attorney General's Department of Public Aid
23 duties. The Attorney General Department of Public Aid shall
24 establish a community advisory committee for oversight of the
25 implementation process, toll-free telephone lines for
26 employers with child support questions, an expedited hearing
27 process for non-custodial parents who contest an employer's
28 execution of an order for withholding and brochures and
29 public service announcements that inform the general public
30 about the New Hire Directory and how to utilize it, within
31 the federal and State confidentiality laws, in pursuit of
32 child support.
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1 (Source: P.A. 90-425, eff. 8-15-97.)
2 Section 18. The Illinois Lottery Law is amended by
3 changing Section 13 as follows:
4 (20 ILCS 1605/13) (from Ch. 120, par. 1163)
5 Sec. 13. No prize, nor any portion of a prize, nor any
6 right of any person to a prize awarded shall be assignable.
7 Any prize, or portion thereof remaining unpaid at the death
8 of a prize winner, may be paid to the estate of such deceased
9 prize winner, or to the trustee under a revocable living
10 trust established by the deceased prize winner as settlor,
11 provided that a copy of such a trust has been filed with the
12 Department along with a notarized letter of direction from
13 the settlor and no written notice of revocation has been
14 received by the Department prior to the settlor's death.
15 Following such a settlor's death and prior to any payment to
16 such a successor trustee, the Director shall obtain from the
17 trustee and each trust beneficiary a written agreement to
18 indemnify and hold the Department harmless with respect to
19 any claims that may be asserted against the Department
20 arising from payment to or through the trust.
21 Notwithstanding any other provision of this Section, any
22 person pursuant to an appropriate judicial order may be paid
23 the prize to which a winner is entitled, and all or part of
24 any prize otherwise payable by State warrant under this
25 Section shall be withheld upon certification to the State
26 Comptroller from the Attorney General Illinois Department of
27 Public Aid as provided in Section 7.200 10-17.5 of the
28 Attorney General Act Illinois Public Aid Code. The Director
29 shall be discharged of all further liability upon payment of
30 a prize pursuant to this Section.
31 (Source: P.A. 85-1224.)
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1 Section 20. The Civil Administrative Code of Illinois is
2 amended by changing Section 2105-15 as follows:
3 (20 ILCS 2105/2105-15) (was 20 ILCS 2105/60)
4 Sec. 2105-15. General powers and duties.
5 (a) The Department has, subject to the provisions of the
6 Civil Administrative Code of Illinois, the following powers
7 and duties:
8 (1) To authorize examinations in English to
9 ascertain the qualifications and fitness of applicants to
10 exercise the profession, trade, or occupation for which
11 the examination is held.
12 (2) To prescribe rules and regulations for a fair
13 and wholly impartial method of examination of candidates
14 to exercise the respective professions, trades, or
15 occupations.
16 (3) To pass upon the qualifications of applicants
17 for licenses, certificates, and authorities, whether by
18 examination, by reciprocity, or by endorsement.
19 (4) To prescribe rules and regulations defining,
20 for the respective professions, trades, and occupations,
21 what shall constitute a school, college, or university,
22 or department of a university, or other institution,
23 reputable and in good standing, and to determine the
24 reputability and good standing of a school, college, or
25 university, or department of a university, or other
26 institution, reputable and in good standing, by reference
27 to a compliance with those rules and regulations;
28 provided, that no school, college, or university, or
29 department of a university, or other institution that
30 refuses admittance to applicants solely on account of
31 race, color, creed, sex, or national origin shall be
32 considered reputable and in good standing.
33 (5) To conduct hearings on proceedings to revoke,
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1 suspend, refuse to renew, place on probationary status,
2 or take other disciplinary action as authorized in any
3 licensing Act administered by the Department with regard
4 to licenses, certificates, or authorities of persons
5 exercising the respective professions, trades, or
6 occupations and to revoke, suspend, refuse to renew,
7 place on probationary status, or take other disciplinary
8 action as authorized in any licensing Act administered by
9 the Department with regard to those licenses,
10 certificates, or authorities. The Department shall issue
11 a monthly disciplinary report. The Department shall deny
12 any license or renewal authorized by the Civil
13 Administrative Code of Illinois to any person who has
14 defaulted on an educational loan or scholarship provided
15 by or guaranteed by the Illinois Student Assistance
16 Commission or any governmental agency of this State;
17 however, the Department may issue a license or renewal if
18 the aforementioned persons have established a
19 satisfactory repayment record as determined by the
20 Illinois Student Assistance Commission or other
21 appropriate governmental agency of this State.
22 Additionally, beginning June 1, 1996, any license issued
23 by the Department may be suspended or revoked if the
24 Department, after the opportunity for a hearing under the
25 appropriate licensing Act, finds that the licensee has
26 failed to make satisfactory repayment to the Illinois
27 Student Assistance Commission for a delinquent or
28 defaulted loan. For the purposes of this Section,
29 "satisfactory repayment record" shall be defined by rule.
30 The Department shall refuse to issue or renew a license
31 to, or shall suspend or revoke a license of, any person
32 who, after receiving notice, fails to comply with a
33 subpoena or warrant relating to a paternity or child
34 support proceeding. However, the Department may issue a
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1 license or renewal upon compliance with the subpoena or
2 warrant.
3 The Department, without further process or hearings,
4 shall revoke, suspend, or deny any license or renewal
5 authorized by the Civil Administrative Code of Illinois
6 to a person who is certified by the Illinois Department
7 of Public Aid or the Attorney General as being more than
8 30 days delinquent in complying with a child support
9 order or who is certified by a court as being in
10 violation of the Non-Support of Punishment Act for more
11 than 60 days. The Department may, however, issue a
12 license or renewal if the person has established a
13 satisfactory repayment record as determined by the
14 Illinois Department of Public Aid or the Attorney
15 General, or if the person is determined by the court to
16 be in compliance with the Non-Support Punishment Act.
17 The Department may implement this paragraph as added by
18 Public Act 89-6 through the use of emergency rules in
19 accordance with Section 5-45 of the Illinois
20 Administrative Procedure Act. For purposes of the
21 Illinois Administrative Procedure Act, the adoption of
22 rules to implement this paragraph shall be considered an
23 emergency and necessary for the public interest, safety,
24 and welfare.
25 (6) To transfer jurisdiction of any realty under
26 the control of the Department to any other department of
27 the State Government or to acquire or accept federal
28 lands when the transfer, acquisition, or acceptance is
29 advantageous to the State and is approved in writing by
30 the Governor.
31 (7) To formulate rules and regulations necessary
32 for the enforcement of any Act administered by the
33 Department.
34 (8) To exchange with the Attorney General Illinois
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1 Department of Public Aid information that may be
2 necessary for the enforcement of child support orders
3 entered pursuant to the Attorney General Act, the
4 Illinois Public Aid Code, the Illinois Marriage and
5 Dissolution of Marriage Act, the Non-Support of Spouse
6 and Children Act, the Non-Support Punishment Act, the
7 Revised Uniform Reciprocal Enforcement of Support Act,
8 the Uniform Interstate Family Support Act, or the
9 Illinois Parentage Act of 1984. Notwithstanding any
10 provisions in this Code to the contrary, the Department
11 of Professional Regulation shall not be liable under any
12 federal or State law to any person for any disclosure of
13 information to the Attorney General Illinois Department
14 of Public Aid under this paragraph (8) or for any other
15 action taken in good faith to comply with the
16 requirements of this paragraph (8).
17 (9) To require an applicant for any new license or
18 for the renewal of a license to provide his or her social
19 security number on the license application form.
20 (10) To perform other duties prescribed by law.
21 (b) The Department may, when a fee is payable to the
22 Department for a wall certificate of registration provided by
23 the Department of Central Management Services, require that
24 portion of the payment for printing and distribution costs be
25 made directly or through the Department to the Department of
26 Central Management Services for deposit into the Paper and
27 Printing Revolving Fund. The remainder shall be deposited
28 into the General Revenue Fund.
29 (c) For the purpose of securing and preparing evidence,
30 and for the purchase of controlled substances, professional
31 services, and equipment necessary for enforcement activities,
32 recoupment of investigative costs, and other activities
33 directed at suppressing the misuse and abuse of controlled
34 substances, including those activities set forth in Sections
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1 504 and 508 of the Illinois Controlled Substances Act, the
2 Director and agents appointed and authorized by the Director
3 may expend sums from the Professional Regulation Evidence
4 Fund that the Director deems necessary from the amounts
5 appropriated for that purpose. Those sums may be advanced to
6 the agent when the Director deems that procedure to be in the
7 public interest. Sums for the purchase of controlled
8 substances, professional services, and equipment necessary
9 for enforcement activities and other activities as set forth
10 in this Section shall be advanced to the agent who is to make
11 the purchase from the Professional Regulation Evidence Fund
12 on vouchers signed by the Director. The Director and those
13 agents are authorized to maintain one or more commercial
14 checking accounts with any State banking corporation or
15 corporations organized under or subject to the Illinois
16 Banking Act for the deposit and withdrawal of moneys to be
17 used for the purposes set forth in this Section; provided,
18 that no check may be written nor any withdrawal made from any
19 such account except upon the written signatures of 2 persons
20 designated by the Director to write those checks and make
21 those withdrawals. Vouchers for those expenditures must be
22 signed by the Director. All such expenditures shall be
23 audited by the Director, and the audit shall be submitted to
24 the Department of Central Management Services for approval.
25 (d) Whenever the Department is authorized or required by
26 law to consider some aspect of criminal history record
27 information for the purpose of carrying out its statutory
28 powers and responsibilities, then, upon request and payment
29 of fees in conformance with the requirements of Section
30 2605-400 of the Department of State Police Law (20 ILCS
31 2605/2605-400), the Department of State Police is authorized
32 to furnish, pursuant to positive identification, the
33 information contained in State files that is necessary to
34 fulfill the request.
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1 (e) The provisions of this Section do not apply to
2 private business and vocational schools as defined by Section
3 1 of the Private Business and Vocational Schools Act.
4 (f) Beginning July 1, 1995, this Section does not apply
5 to those professions, trades, and occupations licensed under
6 the Real Estate License Act of 2000, nor does it apply to any
7 permits, certificates, or other authorizations to do business
8 provided for in the Land Sales Registration Act of 1989 or
9 the Illinois Real Estate Time-Share Act.
10 (Source: P.A. 90-18, eff. 7-1-97; 91-239, eff. 1-1-00;
11 91-245, eff. 12-31-99; 91-613, eff. 10-1-99; revised
12 9-29-99.)
13 Section 21. The Civil Administrative Code of Illinois is
14 amended by changing Section 2505-650 as follows:
15 (20 ILCS 2505/2505-650) (was 20 ILCS 2505/39b52)
16 Sec. 2505-650. Collection of past due support. Upon
17 certification of past due child support amounts from the
18 Attorney General Department of Public Aid, the Department of
19 Revenue may collect the delinquency in any manner authorized
20 for the collection of any tax administered by the Department
21 of Revenue. The Department of Revenue shall notify the
22 Attorney General Department of Public Aid when the
23 delinquency or any portion of the delinquency has been
24 collected under this Section. Any child support delinquency
25 collected by the Department of Revenue, including those
26 amounts that result in overpayment of a child support
27 delinquency, shall be paid to the State Disbursement Unit
28 established under the Attorney General Act Section 10-26 of
29 the Illinois Public Aid Code into into. The Department of
30 Revenue may implement this Section through the use of
31 emergency rules in accordance with Section 5-45 of the
32 Illinois Administrative Procedure Act. For purposes of the
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1 Illinois Administrative Procedure Act, the adoption of rules
2 to implement this Section shall be considered an emergency
3 and necessary for the public interest, safety, and welfare.
4 (Source: P.A. 90-491, eff. 1-1-98; 91-212, eff. 7-20-99;
5 91-239, eff. 1-1-00; revised 8-5-99.)
6 Section 22. The Civil Administrative Code of Illinois is
7 amended by changing Section 2605-377 as follows:
8 (20 ILCS 2605/2605-377) (was 20 ILCS 2605/55a in part)
9 Sec. 2605-377. Attorney General Department of Public
10 Aid; LEADS access. The Attorney General Illinois Department
11 of Public Aid is an authorized entity under this Law for the
12 purpose of exchanging information, in the form and manner
13 required by the Department of State Police, to facilitate the
14 location of individuals for establishing paternity, and
15 establishing, modifying, and enforcing child support
16 obligations, pursuant to the Attorney General Act Illinois
17 Public Aid Code and Title IV, Part D of the Social Security
18 Act.
19 (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
20 90-372, eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff.
21 7-30-98; 90-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
22 Section 23. The Illinois Income Tax Act is amended by
23 changing Section 901 as follows:
24 (35 ILCS 5/901) (from Ch. 120, par. 9-901)
25 Sec. 901. Collection Authority.
26 (a) In general.
27 The Department shall collect the taxes imposed by this
28 Act. The Department shall collect certified past due child
29 support amounts under Section 2505-650 of the Department of
30 Revenue Law (20 ILCS 2505/2505-650). Except as provided in
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1 subsections (c) and (e) of this Section, money collected
2 pursuant to subsections (a) and (b) of Section 201 of this
3 Act shall be paid into the General Revenue Fund in the State
4 treasury; money collected pursuant to subsections (c) and (d)
5 of Section 201 of this Act shall be paid into the Personal
6 Property Tax Replacement Fund, a special fund in the State
7 Treasury; and money collected under Section 2505-650 of the
8 Department of Revenue Law (20 ILCS 2505/2505-650) shall be
9 paid to the State Disbursement Unit established under the
10 Attorney General Act Section 10-26 of the Illinois Public Aid
11 Code.
12 (b) Local Governmental Distributive Fund.
13 Beginning August 1, 1969, and continuing through June 30,
14 1994, the Treasurer shall transfer each month from the
15 General Revenue Fund to a special fund in the State treasury,
16 to be known as the "Local Government Distributive Fund", an
17 amount equal to 1/12 of the net revenue realized from the tax
18 imposed by subsections (a) and (b) of Section 201 of this Act
19 during the preceding month. Beginning July 1, 1994, and
20 continuing through June 30, 1995, the Treasurer shall
21 transfer each month from the General Revenue Fund to the
22 Local Government Distributive Fund an amount equal to 1/11 of
23 the net revenue realized from the tax imposed by subsections
24 (a) and (b) of Section 201 of this Act during the preceding
25 month. Beginning July 1, 1995, the Treasurer shall transfer
26 each month from the General Revenue Fund to the Local
27 Government Distributive Fund an amount equal to 1/10 of the
28 net revenue realized from the tax imposed by subsections (a)
29 and (b) of Section 201 of the Illinois Income Tax Act during
30 the preceding month. Net revenue realized for a month shall
31 be defined as the revenue from the tax imposed by subsections
32 (a) and (b) of Section 201 of this Act which is deposited in
33 the General Revenue Fund, the Educational Assistance Fund and
34 the Income Tax Surcharge Local Government Distributive Fund
-91- LRB9110276WHcs
1 during the month minus the amount paid out of the General
2 Revenue Fund in State warrants during that same month as
3 refunds to taxpayers for overpayment of liability under the
4 tax imposed by subsections (a) and (b) of Section 201 of this
5 Act.
6 (c) Deposits Into Income Tax Refund Fund.
7 (1) Beginning on January 1, 1989 and thereafter,
8 the Department shall deposit a percentage of the amounts
9 collected pursuant to subsections (a) and (b)(1), (2),
10 and (3), of Section 201 of this Act into a fund in the
11 State treasury known as the Income Tax Refund Fund. The
12 Department shall deposit 6% of such amounts during the
13 period beginning January 1, 1989 and ending on June 30,
14 1989. Beginning with State fiscal year 1990 and for each
15 fiscal year thereafter, the percentage deposited into the
16 Income Tax Refund Fund during a fiscal year shall be the
17 Annual Percentage. For fiscal years 1999 through 2001,
18 the Annual Percentage shall be 7.1%. For all other
19 fiscal years, the Annual Percentage shall be calculated
20 as a fraction, the numerator of which shall be the amount
21 of refunds approved for payment by the Department during
22 the preceding fiscal year as a result of overpayment of
23 tax liability under subsections (a) and (b)(1), (2), and
24 (3) of Section 201 of this Act plus the amount of such
25 refunds remaining approved but unpaid at the end of the
26 preceding fiscal year, the denominator of which shall be
27 the amounts which will be collected pursuant to
28 subsections (a) and (b)(1), (2), and (3) of Section 201
29 of this Act during the preceding fiscal year. The
30 Director of Revenue shall certify the Annual Percentage
31 to the Comptroller on the last business day of the fiscal
32 year immediately preceding the fiscal year for which it
33 is to be effective.
34 (2) Beginning on January 1, 1989 and thereafter,
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1 the Department shall deposit a percentage of the amounts
2 collected pursuant to subsections (a) and (b)(6), (7),
3 and (8), (c) and (d) of Section 201 of this Act into a
4 fund in the State treasury known as the Income Tax Refund
5 Fund. The Department shall deposit 18% of such amounts
6 during the period beginning January 1, 1989 and ending on
7 June 30, 1989. Beginning with State fiscal year 1990 and
8 for each fiscal year thereafter, the percentage deposited
9 into the Income Tax Refund Fund during a fiscal year
10 shall be the Annual Percentage. For fiscal years 1999,
11 2000, and 2001, the Annual Percentage shall be 19%. For
12 all other fiscal years, the Annual Percentage shall be
13 calculated as a fraction, the numerator of which shall be
14 the amount of refunds approved for payment by the
15 Department during the preceding fiscal year as a result
16 of overpayment of tax liability under subsections (a) and
17 (b)(6), (7), and (8), (c) and (d) of Section 201 of this
18 Act plus the amount of such refunds remaining approved
19 but unpaid at the end of the preceding fiscal year, the
20 denominator of which shall be the amounts which will be
21 collected pursuant to subsections (a) and (b)(6), (7),
22 and (8), (c) and (d) of Section 201 of this Act during
23 the preceding fiscal year. The Director of Revenue shall
24 certify the Annual Percentage to the Comptroller on the
25 last business day of the fiscal year immediately
26 preceding the fiscal year for which it is to be
27 effective.
28 (d) Expenditures from Income Tax Refund Fund.
29 (1) Beginning January 1, 1989, money in the Income
30 Tax Refund Fund shall be expended exclusively for the
31 purpose of paying refunds resulting from overpayment of
32 tax liability under Section 201 of this Act and for
33 making transfers pursuant to this subsection (d).
34 (2) The Director shall order payment of refunds
-93- LRB9110276WHcs
1 resulting from overpayment of tax liability under Section
2 201 of this Act from the Income Tax Refund Fund only to
3 the extent that amounts collected pursuant to Section 201
4 of this Act and transfers pursuant to this subsection (d)
5 have been deposited and retained in the Fund.
6 (3) As soon as possible after the end of each
7 fiscal year, the Director shall order transferred and the
8 State Treasurer and State Comptroller shall transfer from
9 the Income Tax Refund Fund to the Personal Property Tax
10 Replacement Fund an amount, certified by the Director to
11 the Comptroller, equal to the excess of the amount
12 collected pursuant to subsections (c) and (d) of Section
13 201 of this Act deposited into the Income Tax Refund Fund
14 during the fiscal year over 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.
18 (4) As soon as possible after the end of each
19 fiscal year, the Director shall order transferred and the
20 State Treasurer and State Comptroller shall transfer from
21 the Personal Property Tax Replacement Fund to the Income
22 Tax Refund Fund an amount, certified by the Director to
23 the Comptroller, equal to the excess of the amount of
24 refunds resulting from overpayment of tax liability under
25 subsections (c) and (d) of Section 201 of this Act paid
26 from the Income Tax Refund Fund during the fiscal year
27 over the amount collected pursuant to subsections (c) and
28 (d) of Section 201 of this Act deposited into the Income
29 Tax Refund Fund during the fiscal year.
30 (4.5) As soon as possible after the end of fiscal
31 year 1999 and of each fiscal year thereafter, the
32 Director shall order transferred and the State Treasurer
33 and State Comptroller shall transfer from the Income Tax
34 Refund Fund to the General Revenue Fund any surplus
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1 remaining in the Income Tax Refund Fund as of the end of
2 such fiscal year.
3 (5) This Act shall constitute an irrevocable and
4 continuing appropriation from the Income Tax Refund Fund
5 for the purpose of paying refunds upon the order of the
6 Director in accordance with the provisions of this
7 Section.
8 (e) Deposits into the Education Assistance Fund and the
9 Income Tax Surcharge Local Government Distributive Fund.
10 On July 1, 1991, and thereafter, of the amounts collected
11 pursuant to subsections (a) and (b) of Section 201 of this
12 Act, minus deposits into the Income Tax Refund Fund, the
13 Department shall deposit 7.3% into the Education Assistance
14 Fund in the State Treasury. Beginning July 1, 1991, and
15 continuing through January 31, 1993, of the amounts collected
16 pursuant to subsections (a) and (b) of Section 201 of the
17 Illinois Income Tax Act, minus deposits into the Income Tax
18 Refund Fund, the Department shall deposit 3.0% into the
19 Income Tax Surcharge Local Government Distributive Fund in
20 the State Treasury. Beginning February 1, 1993 and
21 continuing through June 30, 1993, of the amounts collected
22 pursuant to subsections (a) and (b) of Section 201 of the
23 Illinois Income Tax Act, minus deposits into the Income Tax
24 Refund Fund, the Department shall deposit 4.4% into the
25 Income Tax Surcharge Local Government Distributive Fund in
26 the State Treasury. Beginning July 1, 1993, and continuing
27 through June 30, 1994, of the amounts collected under
28 subsections (a) and (b) of Section 201 of this Act, minus
29 deposits into the Income Tax Refund Fund, the Department
30 shall deposit 1.475% into the Income Tax Surcharge Local
31 Government Distributive Fund in the State Treasury.
32 (Source: P.A. 90-613, eff. 7-9-98; 90-655, eff. 7-30-98;
33 91-212, eff. 7-20-99; 91-239, eff. 1-1-00; revised 9-28-99.)
-95- LRB9110276WHcs
1 Section 24. The Illinois Banking Act is amended by
2 changing Section 48.4 as follows:
3 (205 ILCS 5/48.4)
4 Sec. 48.4. Administrative liens for past-due child
5 support. Any bank governed by this Act shall encumber or
6 surrender accounts or assets held by the bank on behalf of
7 any responsible relative who is subject to a child support
8 lien, upon notice of the lien or levy of the Illinois
9 Department of Public Aid or its successor agency pursuant to
10 Section 10-25.5 of the Illinois Public Aid Code or Section
11 7.290 of the Attorney General Act, or upon notice of
12 interstate lien from any other state's agency responsible for
13 implementing the child support enforcement program set forth
14 in Title IV, Part D of the Social Security Act.
15 (Source: P.A. 90-18, eff. 7-1-97; 90-655, eff. 7-30-98.)
16 Section 25. The Illinois Savings and Loan Act of 1985 is
17 amended by changing Section 1-6d as follows:
18 (205 ILCS 105/1-6d)
19 Sec. 1-6d. Administrative liens for past-due child
20 support. Any association governed by this Act shall encumber
21 or surrender accounts or assets held by the association on
22 behalf of any responsible relative who is subject to a child
23 support lien, upon notice of the lien or levy of the Illinois
24 Department of Public Aid or its successor agency pursuant to
25 Section 10-25.5 of the Illinois Public Aid Code or Section
26 7.290 of the Attorney General Act, or upon notice of
27 interstate lien from any other state's agency responsible for
28 implementing the child support enforcement program set forth
29 in Title IV, Part D of the Social Security Act.
30 (Source: P.A. 90-18, eff. 7-1-97.)
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1 Section 26. The Savings Bank Act is amended by changing
2 Section 7007 as follows:
3 (205 ILCS 205/7007)
4 Sec. 7007. Administrative liens for past-due child
5 support. Any savings bank governed by this Act shall
6 encumber or surrender accounts or assets held by the savings
7 bank on behalf of any responsible relative who is subject to
8 a child support lien, upon notice of the lien or levy of the
9 Illinois Department of Public Aid or its successor agency
10 pursuant to Section 10-25.5 of the Illinois Public Aid Code
11 or Section 7.290 of the Attorney General Act, or upon notice
12 of interstate lien from any other state's agency responsible
13 for implementing the child support enforcement program set
14 forth in Title IV, Part D of the Social Security Act.
15 (Source: P.A. 90-18, eff. 7-1-97.)
16 Section 27. The Illinois Credit Union Act is amended by
17 changing Section 43.1 as follows:
18 (205 ILCS 305/43.1)
19 Sec. 43.1. Administrative liens for past-due child
20 support. Any credit union governed by this Act shall
21 encumber or surrender accounts or assets held by the credit
22 union on behalf of any responsible relative who is subject to
23 a child support lien, upon notice of the lien or levy of the
24 Illinois Department of Public Aid or its successor agency
25 pursuant to Section 10-25.5 of the Illinois Public Aid Code
26 or Section 7.290 of the Attorney General Act, or upon notice
27 of interstate lien from any other state's agency responsible
28 for implementing the child support enforcement program set
29 forth in Title IV, Part D of the Social Security Act.
30 (Source: P.A. 90-18, eff. 7-1-97.)
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1 Section 28. The Foreign Banking Office Act is amended by
2 changing Section 20 as follows:
3 (205 ILCS 645/20)
4 Sec. 20. Administrative liens for past-due child
5 support. Any foreign banking corporation governed by this
6 Act shall encumber or surrender accounts or assets held by
7 the foreign banking corporation on behalf of any responsible
8 relative who is subject to a child support lien, upon notice
9 of the lien or levy of the Illinois Department of Public Aid
10 or its successor agency pursuant to Section 10-25.5 of the
11 Illinois Public Aid Code or Section 7.290 of the Attorney
12 General Act, or upon notice of interstate lien from any other
13 state's agency responsible for implementing the child support
14 enforcement program set forth in Title IV, Part D of the
15 Social Security Act.
16 (Source: P.A. 90-18, eff. 7-1-97; 90-655, eff. 7-30-98.)
17 Section 29. The Illinois Insurance Code is amended by
18 changing Sections 238, 238.1, 299.1a, 299.1b, and 337.1 as
19 follows:
20 (215 ILCS 5/238) (from Ch. 73, par. 850)
21 Sec. 238. Exemption.
22 (a) All proceeds payable because of the death of the
23 insured and the aggregate net cash value of any or all life
24 and endowment policies and annuity contracts payable to a
25 wife or husband of the insured, or to a child, parent or
26 other person dependent upon the insured, whether the power to
27 change the beneficiary is reserved to the insured or not, and
28 whether the insured or his estate is a contingent beneficiary
29 or not, shall be exempt from execution, attachment,
30 garnishment or other process, for the debts or liabilities of
31 the insured incurred subsequent to the effective date of this
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1 Code, except as to premiums paid in fraud of creditors within
2 the period limited by law for the recovery thereof.
3 (b) Any insurance company doing business in this State
4 and governed by this Code shall encumber or surrender
5 accounts as defined in Section 10-24 of the Illinois Public
6 Aid Code or Section 7.255 of the Attorney General Act held by
7 the insurance company owned by any responsible relative who
8 is subject to a child support lien, upon notice of the lien
9 or levy by the Illinois Department of Public Aid or its
10 successor agency pursuant to Section 10-25.5 of the Illinois
11 Public Aid Code or Section 7.290 of the Attorney General Act,
12 or upon notice of interstate lien from any other state's
13 agency responsible for implementing the child support
14 enforcement program set forth in Title IV, Part D of the
15 Social Security Act.
16 This Section does not prohibit the furnishing of
17 information in accordance with the federal Personal
18 Responsibility and Work Opportunity Reconciliation Act of
19 1996. Any insurance company governed by this Code shall
20 enter into an agreement for data exchanges with the
21 Department of Public Aid or the Attorney General provided the
22 Department of Public Aid or the Attorney General pays to the
23 insurance company a reasonable fee not to exceed its actual
24 cost incurred. An insurance company providing information in
25 accordance with this item shall not be liable to any owner of
26 an account as defined in Section 10-24 of the Illinois Public
27 Aid Code or Section 7.255 of the Attorney General Act or
28 other person for any disclosure of information to the
29 Department of Public Aid or Attorney General, for encumbering
30 or surrendering any accounts as defined in Section 10-24 of
31 the Illinois Public Aid Code or Section 7.255 of the Attorney
32 General Act held by the insurance company in response to a
33 lien or order to withhold and deliver issued by a State
34 agency, or for any other action taken pursuant to this item,
-99- LRB9110276WHcs
1 including individual or mechanical errors, provided the
2 action does not constitute gross negligence or willful
3 misconduct. An insurance company shall have no obligation to
4 hold, encumber, or surrender any accounts as defined in
5 Section 10-24 of the Illinois Public Aid Code or Section
6 7.255 of the Attorney general Act until it has been served
7 with a subpoena, summons, warrant, court or administrative
8 order, lien, or levy requiring that action.
9 (Source: P.A. 90-18, eff. 7-1-97.)
10 (215 ILCS 5/238.1)
11 Sec. 238.1. Data exchanges; administrative liens.
12 (a) Any insurance company doing business in the State
13 and governed by this Code shall enter into an agreement for
14 data exchanges with the Illinois Department of Public Aid or
15 the Attorney General for the purpose of locating accounts as
16 defined in Section 10-24 of the Illinois Public Aid Code or
17 Section 7.255 of the Attorney General Act of responsible
18 relatives to satisfy past-due child support owed by
19 responsible relatives under an order for support entered by a
20 court or administrative body of this or any other State on
21 behalf of resident or non-resident persons.
22 (b) Notwithstanding any provisions in this Code to the
23 contrary, an insurance company shall not be liable to any
24 person:
25 (1) for any disclosure of information to the
26 Illinois Department of Public Aid or Attorney General
27 under subsection (a);
28 (2) for encumbering or surrendering any accounts as
29 defined in Section 10-24 of the Illinois Public Aid Code
30 or Section 7.255 of the Attorney General Act held by such
31 insurance company in response to a notice of lien or levy
32 issued by the Illinois Department of Public Aid or
33 Attorney General, or by any other state's child support
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1 enforcement agency, as provided for in Section 238 of
2 this Code; or
3 (3) for any other action taken in good faith to
4 comply with the requirements of subsection (a).
5 (Source: P.A. 90-18, eff. 7-1-97.)
6 (215 ILCS 5/299.1a) (from Ch. 73, par. 911.1a)
7 Sec. 299.1a. Benefits not Attachable.
8 (a) No money or other charity, relief or aid to be paid,
9 provided or rendered by any society shall be liable to
10 attachment, garnishment or other process or to be seized,
11 taken, appropriated or applied by any legal or equitable
12 process or operation of law to pay any debt or liability of a
13 member or beneficiary, or any other person who may have a
14 right thereunder, either before or after payment by the
15 society.
16 (b) Any benefit association doing business in this State
17 and governed by this Article XVII shall encumber or surrender
18 accounts as defined in Section 10-24 of the Illinois Public
19 Aid Code or Section 7.255 of the Attorney General Act held by
20 the benefit association owned by any responsible relative who
21 is subject to a child support lien, upon notice of the lien
22 or levy by the Illinois Department of Public Aid or its
23 successor agency pursuant to Section 10-25.5 of the Illinois
24 Public Aid Code or Section 7.290 of the Attorney General Act,
25 or upon notice of interstate lien from any other state's
26 agency responsible for implementing the child support
27 enforcement program set forth in Title IV, Part D of the
28 Social Security Act.
29 This Section shall not prohibit the furnishing of
30 information in accordance with the federal Personal
31 Responsibility and Work Opportunity Reconciliation Act of
32 1996. Any benefit association governed by this Article XVII
33 shall enter into an agreement for data exchanges with the
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1 Department of Public Aid or Attorney General provided the
2 Department of Public Aid or Attorney General pays to the
3 benefit association a reasonable fee not to exceed its actual
4 cost incurred. A benefit association providing information
5 in accordance with this item shall not be liable to any
6 account holder or other person for any disclosure of
7 information to a State agency, for encumbering or
8 surrendering any accounts as defined in Section 10-24 of the
9 Illinois Public Aid Code or Section 7.255 of the Attorney
10 General Act held by the benefit association in response to a
11 lien or order to withhold and deliver issued by a State
12 agency, or for any other action taken pursuant to this item,
13 including individual or mechanical errors, provided the
14 action does not constitute gross negligence or willful
15 misconduct. A benefit association shall have no obligation to
16 hold, encumber, or surrender accounts until it has been
17 served with a subpoena, summons, warrant, court or
18 administrative order, lien, or levy requiring that action.
19 (Source: P.A. 90-18, eff. 7-1-97.)
20 (215 ILCS 5/299.1b)
21 Sec. 299.1b. Data exchanges; administrative liens.
22 (a) Any benefit association doing business in the State
23 and governed by this Code shall enter into an agreement for
24 data exchanges with the Illinois Department of Public Aid or
25 Attorney General for the purpose of locating accounts as
26 defined in Section 10-24 of the Illinois Public Aid Code or
27 Section 7.255 of the Attorney General Act of responsible
28 relatives to satisfy past-due child support owed by
29 responsible relatives under an order for support entered by a
30 court or administrative body of this or any other State on
31 behalf of resident or non-resident persons.
32 (b) Notwithstanding any provisions in this Code to the
33 contrary, a benefit association shall not be liable to any
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1 person:
2 (1) for any disclosure of information to the
3 Illinois Department of Public Aid or Attorney General
4 under subsection (a);
5 (2) for encumbering or surrendering any accounts as
6 defined in Section 10-24 of the Illinois Public Aid Code
7 or Section 7.255 of the Attorney General Act held by such
8 benefit association in response to a notice of lien or
9 levy issued by the Illinois Department of Public Aid or
10 Attorney General, or by any other state's child support
11 enforcement agency, as provided for in Section 299.1a of
12 this Code; or
13 (3) for any other action taken in good faith to
14 comply with the requirements of subsection (a).
15 (Source: P.A. 90-18, eff. 7-1-97.)
16 (215 ILCS 5/337.1)
17 Sec. 337.1. Data exchanges; administrative liens.
18 (a) Any benefit association governed by this Article
19 XVIII shall encumber or surrender accounts as defined in
20 Section 10-24 of the Illinois Public Aid Code or Section
21 7.255 of the Attorney General Act held by the benefit
22 association on behalf of any responsible relative who is
23 subject to a child support lien, upon notice of the lien or
24 levy by the Illinois Department of Public Aid or its
25 successor agency pursuant to Section 10-25.5 of the Illinois
26 Public Aid Code or Section 7.290 of the Attorney General Act,
27 or upon notice of interstate lien from any other state's
28 agency responsible for implementing the child support
29 enforcement program set forth in Title IV, Part D of the
30 Social Security Act.
31 (b) This Section shall not prohibit the furnishing of
32 information in accordance with the federal Personal
33 Responsibility and Work Opportunity Reconciliation Act of
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1 1996. Any benefit association governed by this Article XVIII
2 shall enter into an agreement for data exchanges with the
3 Department of Public Aid or Attorney General provided the
4 Department of Public Aid or Attorney General pays to the
5 benefit association a reasonable fee not to exceed its actual
6 cost incurred. A benefit association providing information
7 in accordance with this item shall not be liable to any owner
8 of an account as defined in Section 10-24 of the Illinois
9 Public Aid Code or Section 7.255 of the Attorney General Act
10 or other person for any disclosure of information to the
11 Department of Public Aid or Attorney General, for encumbering
12 or surrendering any accounts held by the benefit association
13 in response to a lien or order to withhold and deliver issued
14 by the Department of Public Aid or Attorney General, or for
15 any other action taken pursuant to this item, including
16 individual or mechanical errors, provided the action does not
17 constitute gross negligence or willful misconduct. A benefit
18 association shall have no obligation to hold, encumber, or
19 surrender the accounts or portions thereof as defined in
20 Section 10-24 of the Illinois Public Aid Code or Section
21 7.255 of the Attorney General Act until it has been served
22 with a subpoena, summons, warrant, court or administrative
23 order, lien, or levy.
24 (Source: P.A. 90-18, eff. 7-1-97.)
25 Section 30. The Collection Agency Act is amended by
26 changing Section 2.04 as follows:
27 (225 ILCS 425/2.04) (from Ch. 111, par. 2005.1)
28 Sec. 2.04. Child support indebtedness.
29 (a) Persons, associations, partnerships, or corporations
30 engaged in the business of collecting child support
31 indebtedness owing under a court order as provided under
32 Attorney General Act, the Illinois Public Aid Code, the
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1 Illinois Marriage and Dissolution of Marriage Act, the
2 Non-Support of Spouse and Children Act, the Non-Support
3 Punishment Act, the Illinois Parentage Act of 1984, or
4 similar laws of other states are not restricted (i) in the
5 frequency of contact with an obligor who is in arrears,
6 whether by phone, mail, or other means, (ii) from contacting
7 the employer of an obligor who is in arrears, (iii) from
8 publishing or threatening to publish a list of obligors in
9 arrears, (iv) from disclosing or threatening to disclose an
10 arrearage that the obligor disputes, but for which a verified
11 notice of delinquency has been served under the Income
12 Withholding for Support Act (or any of its predecessors,
13 Section 10-16.2 of the Illinois Public Aid Code, Section
14 706.1 of the Illinois Marriage and Dissolution of Marriage
15 Act, Section 4.1 of the Non-Support of Spouse and Children
16 Act, Section 26.1 of the Revised Uniform Reciprocal
17 Enforcement of Support Act, or Section 20 of the Illinois
18 Parentage Act of 1984), or (v) from engaging in conduct that
19 would not cause a reasonable person mental or physical
20 illness. For purposes of this subsection, "obligor" means an
21 individual who owes a duty to make periodic payments, under a
22 court order, for the support of a child. "Arrearage" means
23 the total amount of an obligor's unpaid child support
24 obligations.
25 (b) The Department shall adopt rules necessary to
26 administer and enforce the provisions of this Section.
27 (Source: P.A. 90-673, eff. 1-1-99; 91-613, eff. 10-1-99.)
28 Section 32. The Illinois Public Aid Code is amended by
29 adding Section 10-1.5 and changing Sections 10-21, 12-4.7c,
30 12-9, 12-9.1, 12-10.2, and 12-16 as follows:
31 (305 ILCS 5/10-1.5 new)
32 Sec. 10-1.5. Transfer of powers to Attorney General.
-105- LRB9110276WHcs
1 (a) On the effective date of this amendatory Act of the
2 91st General Assembly, all the rights, powers, and duties
3 vested by law in the Illinois Department or the Illinois
4 Department's Child and Spouse Support Unit under this Article
5 X are transferred to the Attorney General as provided in
6 Sections 7.1 through 7.295 of the Attorney General Act.
7 (b) The Illinois Department shall provide to the
8 Attorney General all information in the Illinois Department's
9 possession concerning recipients that is necessary to enable
10 the Attorney General to perform the duties prescribed in
11 Sections 7.1 through 7.295 of the Attorney General Act.
12 (305 ILCS 5/10-21) (from Ch. 23, par. 10-21)
13 Sec. 10-21. The Illinois Department may provide by rule
14 for the imposition of a one-time charge of 20% of the amount
15 of past-due child support owed on July 1, 1988, by
16 responsible relatives of persons receiving support services
17 under this Article X, which has accrued under a support order
18 entered by a court or administrative body of this or any
19 other State, on behalf of resident or non-resident persons.
20 The rule shall provide for notice to, and an opportunity to
21 be heard by, the responsible relative affected and any final
22 administrative decision rendered by the Department shall be
23 reviewed only under and in accordance with the Administrative
24 Review Law. No action to impose the charge shall be
25 commenced after June 30, 1993. Action under this Section
26 shall be subject to the limitations of Section 10-20 of this
27 Code.
28 On and after the effective date of this amendatory Act of
29 the 91st General Assembly, the Attorney General may collect,
30 on behalf of the Illinois Department, any charge imposed in
31 accordance with this Section. Nothing in this amendatory Act
32 of the 91st General Assembly shall be construed to affect the
33 validity of any charge imposed in accordance with this
-106- LRB9110276WHcs
1 Section.
2 (Source: P.A. 85-114.)
3 (305 ILCS 5/12-4.7c)
4 Sec. 12-4.7c. Exchange of information after July 1, 1997.
5 (a) The Department of Human Services shall exchange with
6 the Illinois Department of Public Aid (before the effective
7 date of this amendatory Act of the 91st General Assembly) or
8 the Attorney General (on and after that date) information
9 that may be necessary for the enforcement of child support
10 orders entered pursuant to Sections 10-10 and 10-11 of this
11 Code or Sections 7.60 and 7.80 of the Attorney General Act or
12 pursuant to the Illinois Marriage and Dissolution of Marriage
13 Act, the Non-Support of Spouse and Children Act, the
14 Non-Support Punishment Act, the Revised Uniform Reciprocal
15 Enforcement of Support Act, the Uniform Interstate Family
16 Support Act, or the Illinois Parentage Act of 1984.
17 (b) Notwithstanding any provisions in this Code to the
18 contrary, the Department of Human Services shall not be
19 liable to any person for any disclosure of information to the
20 Illinois Department of Public Aid or the Attorney General
21 under subsection (a) or for any other action taken in good
22 faith to comply with the requirements of subsection (a).
23 (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)
24 (305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
25 Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The
26 Public Aid Recoveries Trust Fund shall consist of (1)
27 recoveries by the Illinois Department of Public Aid
28 authorized by this Code in respect to applicants or
29 recipients under Articles III, IV, V, and VI, including
30 recoveries made by the Illinois Department of Public Aid from
31 the estates of deceased recipients, (2) recoveries made by
32 the Illinois Department of Public Aid in respect to
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1 applicants and recipients under the Children's Health
2 Insurance Program, and (3) federal funds received on behalf
3 of and earned by local governmental entities for services
4 provided to applicants or recipients covered under this Code.
5 to the State Disbursement Unit established under Section
6 10-26 of this Code or The Fund shall be held as a special
7 fund in the State Treasury.
8 Disbursements from this Fund shall be only (1) for the
9 reimbursement of claims collected by the Illinois Department
10 of Public Aid through error or mistake, (2) for payment to
11 persons or agencies designated as payees or co-payees on any
12 instrument, whether or not negotiable, delivered to the
13 Illinois Department of Public Aid as a recovery under this
14 Section, such payment to be in proportion to the respective
15 interests of the payees in the amount so collected, (3) for
16 payments to the Department of Human Services for collections
17 made by the Illinois Department of Public Aid on behalf of
18 the Department of Human Services under this Code, (4) from
19 the State Disbursement Unit Revolving Fund under Section
20 12-8.1 of this Code or for payment of administrative expenses
21 incurred in performing the activities authorized under this
22 Code, (5) for payment of fees to persons or agencies in the
23 performance of activities pursuant to the collection of
24 monies owed the State that are collected under this Code, (6)
25 for payments of any amounts which are reimbursable to the
26 federal government which are required to be paid by State
27 warrant by either the State or federal government, and (7)
28 for payments to local governmental entities of federal funds
29 for services provided to applicants or recipients covered
30 under this Code. Disbursements from this Fund for purposes
31 of items (4) and (5) of this paragraph shall be subject to
32 appropriations from the Fund to the Illinois Department of
33 Public Aid.
34 The balance in this Fund on the first day of each
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1 calendar quarter, after payment therefrom of any amounts
2 reimbursable to the federal government, and minus the amount
3 reasonably anticipated to be needed to make the disbursements
4 during that quarter authorized by this Section, shall be
5 certified by the Director of the Illinois Department of
6 Public Aid and transferred by the State Comptroller to the
7 General Revenue Fund in the State Treasury within 30 days of
8 the first day of each calendar quarter.
9 On July 1, 1999, the State Comptroller shall transfer the
10 sum of $5,000,000 from the Public Aid Recoveries Trust Fund
11 (formerly the Public Assistance Recoveries Trust Fund) into
12 the DHS Recoveries Trust Fund.
13 (Source: P.A. 90-255, eff. 1-1-98; 91-24, eff. 7-1-99;
14 91-212, eff. 7-20-99; revised 9-28-99.)
15 (305 ILCS 5/12-9.1)
16 Sec. 12-9.1. DHS Recoveries Trust Fund; uses. The DHS
17 Recoveries Trust Fund shall consist of recoveries authorized
18 by this Code in respect to applicants or recipients under
19 Articles III, IV, and VI, including recoveries from the
20 estates of deceased recipients, and payments received by the
21 Illinois Department of Human Services under the Attorney
22 General Act Sections 10-3.1, 10-8, 10-10, 10-16, 10-19, and
23 12-9 that are required by those Sections to be paid into the
24 DHS Recoveries Trust Fund. This Fund shall be held as a
25 special fund in the State Treasury.
26 Disbursements from the Fund shall be only (1) for the
27 reimbursement of claims collected by the Illinois Department
28 of Human Services or the Attorney General through error or
29 mistake, (2) for payment to persons or agencies designated as
30 payees or co-payees on any instrument, whether or not
31 negotiable, delivered to the Illinois Department of Human
32 Services or the Attorney General as a recovery under this
33 Section, such payment to be in proportion to the respective
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1 interests of the payees in the amount so collected, (3) for
2 payments to non-recipients, or to former recipients of
3 financial aid of the collections which are made in their
4 behalf under the Attorney General Act Article X, (4) for
5 payment to local governmental units of support payments
6 collected by the Illinois Department of Human Services or the
7 Attorney General pursuant to an agreement under the Attorney
8 General Act Section 10-3.1, (5) for payment of administrative
9 expenses incurred in performing the activities authorized by
10 the Attorney General Article X, (6) for payment of fees to
11 person or agencies in the performance of activities pursuant
12 to the collection of moneys owed the State, (7) for payments
13 of any amounts which are reimbursable to the federal
14 government which are required to be paid by State warrant by
15 either the State or federal government, and (8) for
16 disbursements to attorneys or advocates for legal
17 representation in an appeal of any claim for federal
18 Supplemental Security Income benefits before an
19 administrative law judge as provided for in Section 3-13 of
20 this Code. Disbursements from the Fund for purposes of items
21 (5), (6), and (8) of this paragraph shall be subject to
22 appropriation appropriations from the Fund to the Illinois
23 Department of Human Services.
24 The balance in the Fund on the first day of each calendar
25 quarter, after payment therefrom of any amounts reimbursable
26 to the federal government, and minus the amount reasonably
27 anticipated to be needed to make the disbursements during
28 that quarter authorized by this Section, shall be certified
29 by the Secretary of Human Services and the Attorney General
30 and transferred by the State Comptroller to the General
31 Revenue Fund within 30 days after the first day of each
32 calendar quarter.
33 (Source: P.A. 91-24, eff. 7-1-99.)
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1 (305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2)
2 Sec. 12-10.2. The Child Support Enforcement Trust Fund,
3 to be held by the State Treasurer as ex-officio custodian
4 outside the State Treasury, pursuant to the Child Support
5 Enforcement Program established by Title IV-D of the Social
6 Security Act, shall consist of (1) all support payments
7 assigned to the Attorney General Illinois Department under
8 the Attorney General Act Article X of this Code and rules
9 promulgated by the Attorney General Illinois Department that
10 are disbursed to the Attorney General Illinois Department by
11 the State Disbursement Unit established under the Attorney
12 General Act Section 10-26, and (2) all federal grants
13 received by the Attorney General Illinois Department funded
14 by Title IV-D of the Social Security Act, except those
15 federal funds received under the Title IV-D program as
16 reimbursement for expenditures from the General Revenue Fund,
17 and (3) incentive payments received by the Attorney General
18 Illinois Department from other states or political
19 subdivisions of other states for the enforcement and
20 collection by Attorney General the Department of an assigned
21 child support obligation in behalf of such other states or
22 their political subdivisions pursuant to the provisions of
23 Title IV-D of the Social Security Act, and (4) incentive
24 payments retained by the Attorney General Illinois Department
25 from the amounts which otherwise would be paid to the Federal
26 government to reimburse the Federal government's share of the
27 support collection for the Attorney General's Department's
28 enforcement and collection of an assigned support obligation
29 on behalf of the State of Illinois pursuant to the provisions
30 of Title IV-D of the Social Security Act, and (5) all fees
31 charged by the Attorney General Department for child support
32 enforcement services, as authorized under Title IV-D of the
33 Social Security Act and Section 10-1 of this Code, and any
34 other fees, costs, fines, recoveries, or penalties provided
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1 for by State or federal law and received by the Attorney
2 General Department under the Child Support Enforcement
3 Program established by Title IV-D of the Social Security Act,
4 and (6) all amounts appropriated by the General Assembly for
5 deposit into the Fund, and (7) any gifts, grants, donations,
6 or awards from individuals, private businesses, nonprofit
7 associations, and governmental entities.
8 Disbursements from this Fund shall be only for the
9 following purposes: (1) for the reimbursement of funds
10 received by the Attorney General Illinois Department through
11 error or mistake, and (2) (blank), and (3) for payment of any
12 administrative expenses, including payment to the Health
13 Insurance Reserve Fund for group insurance costs at the rate
14 certified by the Department of Central Management Services,
15 except those required to be paid from the General Revenue
16 Fund, including personal and contractual services, incurred
17 in performing the Title IV-D activities authorized by the
18 Attorney General Act Article X of this Code, and (4) for the
19 reimbursement of the Public Assistance Emergency Revolving
20 Fund for expenditures made from that Fund for payments to
21 former recipients of public aid for child support made to the
22 Illinois Department or the Attorney General when the former
23 public aid recipient is legally entitled to all or part of
24 the child support payments, pursuant to the provisions of
25 Title IV-D of the Social Security Act, and (5) for the
26 payment of incentive amounts owed to other states or
27 political subdivisions of other states that enforce and
28 collect an assigned support obligation on behalf of the State
29 of Illinois pursuant to the provisions of Title IV-D of the
30 Social Security Act, and (6) for the payment of incentive
31 amounts owed to political subdivisions of the State of
32 Illinois that enforce and collect an assigned support
33 obligation on behalf of the State pursuant to the provisions
34 of Title IV-D of the Social Security Act, and (7) for
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1 payments of any amounts which are reimbursable to the Federal
2 government which are required to be paid by State warrant by
3 either the State or Federal government. Disbursements from
4 this Fund shall be by warrants drawn by the State Comptroller
5 on receipt of vouchers duly executed and certified by the
6 Attorney General Illinois Department or any other State
7 agency that receives an appropriation from the Fund.
8 (Source: P.A. 90-18, eff. 7-1-97; 90-587, eff. 6-4-98;
9 91-212, eff. 7-20-99; 91-400, eff. 7-30-99; revised 10-7-99.)
10 (305 ILCS 5/12-16) (from Ch. 23, par. 12-16)
11 Sec. 12-16. Public Aid Claims Enforcement Division of
12 Office of Attorney General. The Public Aid Claims
13 Enforcement Division in the Office of the Attorney General,
14 established pursuant to the 1949 Code, shall institute in
15 behalf of the State all court actions referred to it by the
16 Illinois Department of Public Aid, or the Department of Human
17 Services (as successor to the Illinois Department of Public
18 Aid) and the Attorney General under this Code and other laws
19 for the recovery of financial aid provided under the public
20 aid programs, the enforcement of obligations of support, and
21 the enforcement of other claims, penalties and obligations.
22 The Division shall be staffed with attorneys appointed by
23 the Attorney General as Special Assistant Attorneys' General
24 whose special duty it shall be to execute the aforesaid
25 duties. The Assistant Attorneys' General shall be assigned
26 exclusively to such duties. They may engage only in such
27 political activities as are not prohibited by the Hatch
28 Political Activity Act, Title 5, U. S. C. A., Sections
29 118i et seq.
30 The Attorney General may request the appropriate State's
31 Attorney of a county or staff of the Child and Spouse Support
32 Unit established under Section 10-3.1 of this Code to
33 institute any such action in behalf of the State or to assist
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1 the Attorney General in the prosecution of actions instituted
2 by his Office.
3 (Source: P.A. 89-507, eff. 7-1-97.)
4 (305 ILCS 5/10-1 rep.)
5 (305 ILCS 5/10-2 rep.)
6 (305 ILCS 5/10-3 rep.)
7 (305 ILCS 5/10-3.1 rep.)
8 (305 ILCS 5/10-3.2 rep.)
9 (305 ILCS 5/10-3.3 rep.)
10 (305 ILCS 5/10-3.4 rep.)
11 (305 ILCS 5/10-4 rep.)
12 (305 ILCS 5/10-5 rep.)
13 (305 ILCS 5/10-6 rep.)
14 (305 ILCS 5/10-7 rep.)
15 (305 ILCS 5/10-8 rep.)
16 (305 ILCS 5/10-8.1 rep.)
17 (305 ILCS 5/10-9 rep.)
18 (305 ILCS 5/10-10 rep.)
19 (305 ILCS 5/10-10.1 rep.)
20 (305 ILCS 5/10-10.2 rep.)
21 (305 ILCS 5/10-10.3 rep.)
22 (305 ILCS 5/10-10.4 rep.)
23 (305 ILCS 5/10-10.5 rep.)
24 (305 ILCS 5/10-11 rep.)
25 (305 ILCS 5/10-11.1 rep.)
26 (305 ILCS 5/10-11.2 rep.)
27 (305 ILCS 5/10-12 rep.)
28 (305 ILCS 5/10-12.1 rep.)
29 (305 ILCS 5/10-13 rep.)
30 (305 ILCS 5/10-13.1 rep.)
31 (305 ILCS 5/10-13.2 rep.)
32 (305 ILCS 5/10-13.3 rep.)
33 (305 ILCS 5/10-13.4 rep.)
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1 (305 ILCS 5/10-13.5 rep.)
2 (305 ILCS 5/10-13.6 rep.)
3 (305 ILCS 5/10-13.7 rep.)
4 (305 ILCS 5/10-13.8 rep.)
5 (305 ILCS 5/10-13.9 rep.)
6 (305 ILCS 5/10-13.10 rep.)
7 (305 ILCS 5/10-14 rep.)
8 (305 ILCS 5/10-14.1 rep.)
9 (305 ILCS 5/10-15 rep.)
10 (305 ILCS 5/10-16 rep.)
11 (305 ILCS 5/10-16.2 rep.)
12 (305 ILCS 5/10-16.3 rep.)
13 (305 ILCS 5/10-16.4 rep.)
14 (305 ILCS 5/10-16.5 rep.)
15 (305 ILCS 5/10-16.6 rep.)
16 (305 ILCS 5/10-17 rep.)
17 (305 ILCS 5/10-17.1 rep.)
18 (305 ILCS 5/10-17.2 rep.)
19 (305 ILCS 5/10-17.3 rep.)
20 (305 ILCS 5/10-17.4 rep.)
21 (305 ILCS 5/10-17.5 rep.)
22 (305 ILCS 5/10-17.6 rep.)
23 (305 ILCS 5/10-17.7 rep.)
24 (305 ILCS 5/10-17.8 rep.)
25 (305 ILCS 5/10-17.9 rep.)
26 (305 ILCS 5/10-17.11 rep.)
27 (305 ILCS 5/10-18 rep.)
28 (305 ILCS 5/10-19 rep.)
29 (305 ILCS 5/10-20 rep.)
30 (305 ILCS 5/10-22 rep.)
31 (305 ILCS 5/10-23 rep.)
32 (305 ILCS 5/10-24 rep.)
33 (305 ILCS 5/10-24.5 rep.)
34 (305 ILCS 5/10-24.30 rep.)
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1 (305 ILCS 5/10-24.35 rep.)
2 (305 ILCS 5/10-24.40 rep.)
3 (305 ILCS 5/10-24.45 rep.)
4 (305 ILCS 5/10-24.50 rep.)
5 (305 ILCS 5/10-25 rep.)
6 (305 ILCS 5/10-25.5 rep.)
7 (305 ILCS 5/10-26 rep.)
8 (305 ILCS 5/10-27 rep.)
9 (305 ILCS 5/12-4.3 rep.)
10 (305 ILCS 5/12-4.20c rep.)
11 Section 35. The Illinois Public Aid Code is amended by
12 repealing Sections 10-1 through 10-20, Sections 10-22 through
13 10-27, and Sections 12-4.3 and 12-4.20c.
14 Section 40. The Vital Records Act is amended by changing
15 Sections 12, 17, and 22 as follows:
16 (410 ILCS 535/12) (from Ch. 111 1/2, par. 73-12)
17 Sec. 12. Live births; place of registration.
18 (1) Each live birth which occurs in this State shall be
19 registered with the local or subregistrar of the district in
20 which the birth occurred as provided in this Section, within
21 7 days after the birth. When a birth occurs on a moving
22 conveyance, the city, village, township, or road district in
23 which the child is first removed from the conveyance shall be
24 considered the place of birth and a birth certificate shall
25 be filed in the registration district in which the place is
26 located.
27 (2) When a birth occurs in an institution, the person in
28 charge of the institution or his designated representative
29 shall obtain and record all the personal and statistical
30 particulars relative to the parents of the child that are
31 required to properly complete the live birth certificate;
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1 shall secure the required personal signatures on the hospital
2 worksheet; shall prepare the certificate from this worksheet;
3 and shall file the certificate with the local registrar. The
4 institution shall retain the hospital worksheet permanently
5 or as otherwise specified by rule. The physician in
6 attendance shall verify or provide the date of birth and
7 medical information required by the certificate, within 24
8 hours after the birth occurs.
9 (3) When a birth occurs outside an institution, the
10 certificate shall be prepared and filed by one of the
11 following in the indicated order of priority:
12 (a) The physician in attendance at or immediately
13 after the birth, or in the absence of such a person,
14 (b) Any other person in attendance at or
15 immediately after the birth, or in the absence of such a
16 person,
17 (c) The father, the mother, or in the absence of
18 the father and the inability of the mother, the person in
19 charge of the premises where the birth occurred.
20 (4) Unless otherwise provided in this Act, if the mother
21 was not married to the father of the child at either the time
22 of conception or the time of birth, the name of the father
23 shall be entered on the child's birth certificate only if the
24 mother and the person to be named as the father have signed
25 an acknowledgment of parentage in accordance with subsection
26 (5).
27 Unless otherwise provided in this Act, if the mother was
28 married at the time of conception or birth and the presumed
29 father (that is, the mother's husband) is not the biological
30 father of the child, the name of the biological father shall
31 be entered on the child's birth certificate only if, in
32 accordance with subsection (5), (i) the mother and the person
33 to be named as the father have signed an acknowledgment of
34 parentage and (ii) the mother and presumed father have signed
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1 a denial of paternity.
2 (5) Upon the birth of a child to an unmarried woman, or
3 upon the birth of a child to a woman who was married at the
4 time of conception or birth and whose husband is not the
5 biological father of the child, the institution immediately
6 before or after the at the time of birth and the local
7 registrar or county clerk after the birth shall do the
8 following:
9 (a) Provide (i) an opportunity for the child's
10 mother and father to sign an acknowledgment of parentage
11 and (ii) if the presumed father is not the biological
12 father, an opportunity for the mother and presumed father
13 to sign a denial of paternity. The signing and
14 witnessing of the acknowledgment of parentage or, if the
15 presumed father of the child is not the biological
16 father, the acknowledgment of parentage and denial of
17 paternity conclusively establishes a parent and child
18 relationship in accordance with Sections 5 and 6 of the
19 Illinois Parentage Act of 1984.
20 The Office of the Attorney General Illinois
21 Department of Public Aid shall furnish the acknowledgment
22 of parentage and denial of paternity form to
23 institutions, county clerks, and State and local
24 registrars' offices. The form shall include instructions
25 to send the original signed and witnessed acknowledgment
26 of parentage and denial of paternity to the Office of the
27 Attorney General Illinois Department of Public Aid.
28 (b) Provide the following documents, furnished by
29 the Office of the Attorney General Illinois Department of
30 Public Aid, to the child's mother, biological father, and
31 (if the person presumed to be the child's father is not
32 the biological father) presumed father for their review
33 at the time the opportunity is provided to establish a
34 parent and child relationship:
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1 (i) An explanation of the implications of,
2 alternatives to, legal consequences of, and the
3 rights and responsibilities that arise from signing
4 an acknowledgment of parentage and, if necessary, a
5 denial of paternity, including an explanation of the
6 parental rights and responsibilities of child
7 support, visitation, custody, retroactive support,
8 health insurance coverage, and payment of birth
9 expenses.
10 (ii) An explanation of the benefits of having
11 a child's parentage established and the availability
12 of parentage establishment and support enforcement
13 services.
14 (iii) A request for an application for child
15 support services from the Office of the Attorney
16 General Illinois Department of Public Aid.
17 (iv) Instructions concerning the opportunity
18 to speak, either by telephone or in person, with
19 staff of the Office of the Attorney General Illinois
20 Department of Public Aid who are trained to clarify
21 information and answer questions about paternity
22 establishment.
23 (v) Instructions for completing and signing
24 the acknowledgment of parentage and denial of
25 paternity.
26 (c) Provide an oral explanation of the documents
27 and instructions set forth in subdivision (5)(b),
28 including an explanation of the implications of,
29 alternatives to, legal consequences of, and the rights
30 and responsibilities that arise from signing an
31 acknowledgment of parentage and, if necessary, a denial
32 of paternity. The oral explanation may be given in
33 person or through the use of video or audio equipment.
34 (6) The institution, State or local registrar, or county
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1 clerk shall provide an opportunity for the child's father or
2 mother to sign a rescission of parentage. The signing and
3 witnessing of the rescission of parentage voids the
4 acknowledgment of parentage and nullifies the presumption of
5 paternity if executed and filed with the Office of the
6 Attorney General Illinois Department of Public Aid within the
7 time frame contained in Section 5 of the Illinois Parentage
8 Act of 1984. The Office of the Attorney General Illinois
9 Department of Public Aid shall furnish the rescission of
10 parentage form to institutions, county clerks, and State and
11 local registrars' offices. The form shall include
12 instructions to send the original signed and witnessed
13 rescission of parentage to the Office of the Attorney General
14 Illinois Department of Public Aid.
15 (7) An acknowledgment of paternity signed pursuant to
16 Section 6 of the Illinois Parentage Act of 1984 may be
17 challenged in court only on the basis of fraud, duress, or
18 material mistake of fact, with the burden of proof upon the
19 challenging party. Pending outcome of a challenge to the
20 acknowledgment of paternity, the legal responsibilities of
21 the signatories shall remain in full force and effect, except
22 upon order of the court upon a showing of good cause.
23 (8) When the process for acknowledgment of parentage as
24 provided for under subsection (5) establishes the paternity
25 of a child whose certificate of birth is on file in another
26 state, the Attorney General Illinois Department of Public Aid
27 shall forward a copy of the acknowledgment of parentage, the
28 denial of paternity, if applicable, and the rescission of
29 parentage, if applicable, to the birth record agency of the
30 state where the child's certificate of birth is on file.
31 (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97;
32 90-790, eff. 8-14-98.)
33 (410 ILCS 535/17) (from Ch. 111 1/2, par. 73-17)
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1 Sec. 17. (1) For a person born in this State, the State
2 Registrar of Vital Records shall establish a new certificate
3 of birth when he receives any of the following:
4 (a) A certificate of adoption as provided in
5 Section 16 or a certified copy of the order of adoption
6 together with the information necessary to identify the
7 original certificate of birth and to establish the new
8 certificate of birth; except that a new certificate of
9 birth shall not be established if so requested by the
10 court ordering the adoption, the adoptive parents, or the
11 adopted person.
12 (b) A certificate of adoption or a certified copy
13 of the order of adoption entered in a court of competent
14 jurisdiction of any other state or country declaring
15 adopted a child born in the State of Illinois, together
16 with the information necessary to identify the original
17 certificate of birth and to establish the new certificate
18 of birth; except that a new certificate of birth shall
19 not be established if so requested by the court ordering
20 the adoption, the adoptive parents, or the adopted
21 person.
22 (c) A request that a new certificate be established
23 and such evidence as required by regulation proving that
24 such person has been legitimatized, or that the circuit
25 court, the Attorney General, the Illinois Department of
26 Public Aid, or a court or administrative agency of any
27 other state has established the paternity of such a
28 person by judicial or administrative processes or by
29 voluntary acknowledgment, which is accompanied by the
30 social security numbers of all persons determined and
31 presumed to be the parents.
32 (d) An affidavit by a physician that he has
33 performed an operation on a person, and that by reason of
34 the operation the sex designation on such person's birth
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1 record should be changed. The State Registrar of Vital
2 Records may make any investigation or require any further
3 information he deems necessary.
4 Each request for a new certificate of birth shall be
5 accompanied by a fee of $15 and entitles the applicant to one
6 certification or certified copy of the new certificate. If
7 the request is for additional copies, it shall be accompanied
8 by a fee of $2 for each additional certification or certified
9 copy.
10 (2) When a new certificate of birth is established, the
11 actual place and date of birth shall be shown; provided, in
12 the case of adoption of a person born in this State by
13 parents who were residents of this State at the time of the
14 birth of the adopted person, the place of birth may be shown
15 as the place of residence of the adoptive parents at the time
16 of such person's birth, if specifically requested by them,
17 and any new certificate of birth established prior to the
18 effective date of this amendatory Act may be corrected
19 accordingly if so requested by the adoptive parents or the
20 adopted person when of legal age. The social security numbers
21 of the parents shall not be recorded on the certificate of
22 birth. The social security numbers may only be used for
23 purposes allowed under federal law. The new certificate shall
24 be substituted for the original certificate of birth:
25 (a) Thereafter, the original certificate and the
26 evidence of adoption, paternity, legitimation, or sex
27 change shall not be subject to inspection or
28 certification except upon order of the circuit court or
29 as provided by regulation.
30 (b) Upon receipt of notice of annulment of
31 adoption, the original certificate of birth shall be
32 restored to its place in the files, and the new
33 certificate and evidence shall not be subject to
34 inspection or certification except upon order of the
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1 circuit court.
2 (3) If no certificate of birth is on file for the person
3 for whom a new certificate is to be established under this
4 Section, a delayed record of birth shall be filed with the
5 State Registrar of Vital Records as provided in Section 14 or
6 Section 15 of this Act before a new certificate of birth is
7 established, except that when the date and place of birth and
8 parentage have been established in the adoption proceedings,
9 a delayed record shall not be required.
10 (4) When a new certificate of birth is established by
11 the State Registrar of Vital Records, all copies of the
12 original certificate of birth in the custody of any custodian
13 of permanent local records in this State shall be transmitted
14 to the State Registrar of Vital Records as directed, and
15 shall be sealed from inspection.
16 (5) Nothing in this Section shall be construed to
17 prohibit the amendment of a birth certificate in accordance
18 with subsection (6) of Section 22.
19 (Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626,
20 eff. 8-9-96; 90-18, eff. 7-1-97.)
21 (410 ILCS 535/22) (from Ch. 111 1/2, par. 73-22)
22 Sec. 22. (1) A certificate or record filed under this
23 Act may be amended only in accordance with this Act and such
24 regulations as the Department may adopt to protect the
25 integrity of vital records. An application for an amendment
26 shall be accompanied by a fee of $15 which includes the
27 provision of one certification or certified copy of the
28 amended birth record. If the request is for additional
29 copies, it shall be accompanied by a fee of $2 for each
30 additional certification or certified copy. Such amendments
31 may only be made in connection with the original certificates
32 and may not be made on copies of such certificates without
33 the approval of the State Registrar of Vital Records. The
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1 provisions of this Section shall also be applicable to a
2 certificate or record filed under any former Act relating to
3 the registration of births, stillbirths, and deaths. Any
4 original certificate or record filed with the county clerk
5 prior to January 1, 1916, may be amended by the county clerk
6 under the same provisions of this Section, or regulations
7 adopted pursuant thereto, as apply to the State Registrar of
8 Vital Records governing amendments to certificates or records
9 filed with the Department subsequent to December 31, 1915.
10 (2) A certificate that is amended under this Section
11 after its filing shall have the correction entered on its
12 face; shall clearly indicate that an amendment has been made;
13 and shall show the date of the amendment. A summary
14 description of the evidence submitted in support of an
15 amendment shall be permanently retained by the Department
16 either as an original record or in microphotographic form.
17 Documents from which such summary descriptions are made may
18 be returned by the Department to the person or persons
19 submitting them. The Department shall prescribe by
20 regulation the conditions under which, within one year after
21 the date of occurrence, additions or minor corrections may be
22 made without the certificate being considered amended.
23 (3) An amendment to a delayed birth registration
24 established under the provisions of Section 15 of this Act
25 may be made by the State Registrar of Vital Records only upon
26 the basis of an order from the court which originally
27 established the facts of birth.
28 (4) Upon receipt of a certified copy of a court order
29 changing the name or names of a person born in this State,
30 the official custodian shall amend the original certificate
31 of birth to reflect the changes.
32 (5) (Blank).
33 (6) When the paternity of a child with a certificate of
34 birth on file in this State is established through voluntary
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1 acknowledgment, by the Attorney General, or by a court or
2 administrative agency under the laws of this or any other
3 state, the State Registrar of Vital Records shall amend the
4 original record accordingly, upon notification from a circuit
5 court of this State, the Attorney General, or the Illinois
6 Department of Public Aid, or upon receipt of a certified copy
7 of another state's acknowledgment or judicial or
8 administrative determination of paternity.
9 (7) Notwithstanding any other provision of this Act, if
10 an adopted person applies in accordance with this Section for
11 the amendment of the name on his or her birth certificate,
12 the State Registrar shall amend the birth certificate if the
13 person provides documentation or other evidence supporting
14 the application that would be deemed sufficient if the
15 documentation or evidence had been submitted in support of an
16 application by a person who has not been adopted.
17 (8) When paternity has been established after the birth
18 in accordance with Section 12, the State Registrar of Vital
19 Records shall amend the original record accordingly.
20 (9) Upon application by the parents not later than one
21 year after an acknowledgment of parentage under this Act, the
22 Attorney General Act, or the Illinois Public Aid Code or a
23 judicial or administrative determination or establishment of
24 paternity or parentage, the State Registrar of Vital Records
25 shall amend the child's name on the child's certificate of
26 birth in accordance with the application. No more than one
27 application to change a child's name may be made under this
28 subsection (9).
29 (10) When a certificate is amended by the State
30 Registrar of Vital Records under this Section, the State
31 Registrar of Vital Records shall furnish a copy of the
32 summary description to the custodian of any permanent local
33 records and such records shall be amended accordingly.
34 (Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626,
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1 eff. 8-9-96; 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
2 Section 41. The Fish and Aquatic Life Code is amended by
3 changing Section 20-105 as follows:
4 (515 ILCS 5/20-105) (from Ch. 56, par. 20-105)
5 Sec. 20-105. License revocation; refusal to issue.
6 (a) Whenever a license or permit is issued to any person
7 under this Code and its holder is found guilty of any
8 misrepresentation in obtaining the license or permit or of a
9 violation of any of the provisions of this Code, including
10 administrative rules, the license or permit may be revoked by
11 the Department and the Department may refuse to issue any
12 permit or license to that person and may suspend the person
13 from engaging in the activity requiring the permit or license
14 for a period of time not to exceed 5 years following the
15 revocation. Department revocation procedure shall be
16 established by administrative rule.
17 (a-5) Whenever a license or permit is issued under this
18 Code to any person who owes overdue child support or who,
19 after receiving notice, fails to comply with a subpoena or
20 warrant relating to a paternity or child support proceeding,
21 the license or permit may be revoked by the Department and
22 the Department may refuse to issue a license or permit to
23 that person. A failure to comply with a subpoena or warrant
24 can be remedied by complying with the subpoena or warrant.
25 Department revocation procedures shall be established by
26 rule.
27 (b) Whenever any person who has not been issued a
28 license or a permit under the provisions of this Code is
29 found guilty of a violation of the provisions of this Code,
30 including administrative rules, the Department may refuse to
31 issue any permit or license to that person, and suspend that
32 person from engaging in the activity requiring the permit or
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1 license for a period of time not to exceed 5 years.
2 (c) Any person who knowingly or intentionally violates
3 any of the provisions of this Code, including administrative
4 rules, during the 5 years following the revocation of his or
5 her license or permit under subsection (a) or during the time
6 he is suspended under subsection (b), shall be guilty of a
7 Class A misdemeanor as provided in Section 20-35.
8 (Source: P.A. 87-798; 87-833; 87-895.)
9 Section 42. The Wildlife Code is amended by changing
10 Section 3.36 as follows:
11 (520 ILCS 5/3.36) (from Ch. 61, par. 3.36)
12 Sec. 3.36. Revocation and suspension.
13 (a) Whenever a license or permit is issued to any person
14 under this Act, and the holder thereof is found guilty of any
15 misrepresentation in obtaining such license or permit or of a
16 violation of any of the provisions of this Act, including
17 administrative rules, his license or permit may be revoked by
18 the Department, and the Department may refuse to issue any
19 permit or license to such person and may suspend the person
20 from engaging in the activity requiring the permit or license
21 for a period of time not to exceed 5 years following such
22 revocation.
23 Department revocation procedures shall be established by
24 Administrative rule.
25 (a-5) Whenever a license or permit is issued under this
26 Code to any person who owes overdue child support or who,
27 after receiving notice, fails to comply with a subpoena or
28 warrant relating to a paternity or child support proceeding,
29 the license or permit may be revoked by the Department and
30 the Department may refuse to issue a license or permit to
31 that person. A failure to comply with a subpoena or warrant
32 may be remedied by complying with the subpoena or warrant.
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1 Department revocation procedures shall be established by
2 rule.
3 (b) Whenever any person who has not been issued a
4 license or a permit under the provisions of this Code is
5 found guilty of a violation of the provisions of this Code,
6 including administrative rules, the Department may refuse to
7 issue any permit or license to that person, and suspend that
8 person from engaging in the activity requiring the permit or
9 license for a period of time not to exceed 5 years.
10 (c) Any person who knowingly or intentionally violates
11 any of the provisions of this Act, including administrative
12 rules, during such period when his license or permit is
13 revoked or denied by virtue of this Section or during the
14 time he is suspended under subsection (b), shall be guilty of
15 a Class A misdemeanor.
16 (d) Licenses and permits authorized to be issued under
17 the provisions of this Act shall be prepared by the
18 Department and be in such form as prescribed by the
19 Department. The information required on each license shall be
20 completed thereon by the issuing agent or his sub-agent at
21 the time of issuance and each license shall be signed by the
22 licensee, or initialed by the designated purchaser and then
23 signed immediately upon receipt by the licensee, and
24 countersigned by the issuing agent or his sub-agent at the
25 time of issuance. All such licenses shall be supplied by the
26 Department, subject to such rules and regulations as the
27 Department may prescribe. Any license not properly prepared,
28 obtained and signed as required by this Act shall be void.
29 (e) A person whose license or permit to engage in any
30 activity regulated by this Code has been suspended or revoked
31 may not, during the period of the suspension or revocation or
32 until obtaining such a license or permit, (i) be in the
33 company of any person engaging in the activity covered by the
34 suspension or revocation or (ii) serve as a guide, outfitter,
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1 or facilitator for a person who is engaged or prepared to
2 engage in the activity covered by the suspension or
3 revocation.
4 (f) No person may be issued or obtain a license or
5 permit or engage in any activity regulated by this Code
6 during the time that the person's privilege to engage in the
7 same or similar activities is suspended or revoked by another
8 state, by a federal agency, or by a province of Canada.
9 (Source: P.A. 90-225, eff. 7-25-97; 91-545, eff. 8-14-99.)
10 Section 44. The Illinois Vehicle Code is amended by
11 changing Sections 7-701, 7-702, 7-702.1, 7-703, 7-704, 7-705,
12 7-706, 7-707, and 7-708 as follows:
13 (625 ILCS 5/7-701)
14 (Text of Section before amendment by P.A. 91-613)
15 Sec. 7-701. Findings and purpose. The General Assembly
16 finds that the timely receipt of adequate financial support
17 has the effect of reducing poverty and State expenditures for
18 welfare dependency among children, and that the timely
19 payment of adequate child support demonstrates financial
20 responsibility. Further, the General Assembly finds that the
21 State has a compelling interest in ensuring that drivers
22 within the State demonstrate financial responsibility,
23 including family financial responsibility, in order to safely
24 own and operate a motor vehicle. To this end, the Secretary
25 of State is authorized to establish a system to suspend
26 driver's licenses for failure to comply with court orders of
27 support.
28 (Source: P.A. 89-92, eff. 7-1-96.)
29 (Text of Section after amendment by P.A. 91-613)
30 Sec. 7-701. Findings and purpose. The General Assembly
31 finds that the timely receipt of adequate financial support
32 has the effect of reducing poverty and State expenditures for
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1 welfare dependency among children, and that the timely
2 payment of adequate child support demonstrates financial
3 responsibility. Further, the General Assembly finds that the
4 State has a compelling interest in ensuring that drivers
5 within the State demonstrate financial responsibility,
6 including family financial responsibility, in order to safely
7 own and operate a motor vehicle. To this end, the Secretary
8 of State is authorized to establish systems to suspend
9 driver's licenses for failure to comply with court orders of
10 support and with subpoenas or warrants in paternity or child
11 support proceedings.
12 (Source: P.A. 91-613, eff. 7-1-00.)
13 (625 ILCS 5/7-702)
14 (Text of Section before amendment by P.A. 91-613)
15 Sec. 7-702. Suspension of driver's license for failure
16 to pay child support. The Secretary of State shall suspend
17 the driver's license issued to an obligor upon receiving an
18 authenticated report provided for in Section 7-703, that the
19 person is 90 days or more delinquent in court ordered child
20 support payments or has been adjudicated in arrears in an
21 amount equal to 90 days obligation or more, and has been
22 found in contempt by the court for failure to pay the
23 support.
24 (Source: P.A. 89-92, eff. 7-1-96.)
25 (Text of Section after amendment by P.A. 91-613)
26 Sec. 7-702. Suspension of driver's license for failure
27 to pay child support or comply with certain subpoenas or
28 warrants.
29 (a) The Secretary of State shall suspend the driver's
30 license issued to an obligor upon receiving an authenticated
31 report provided for in subsection (a) of Section 7-703, that
32 the person (i) is 90 days or more delinquent in court ordered
33 child support payments or has been adjudicated in arrears in
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1 an amount equal to 90 days obligation or more, and has been
2 found in contempt by the court for failure to pay the support
3 or (ii) has failed to comply with a subpoena or warrant in a
4 paternity or child support proceeding and has been found in
5 contempt by the court for failure to comply.
6 (b) The Secretary of State shall suspend the driver's
7 license issued to an obligor upon receiving an authenticated
8 document provided for in subsection (b) of Section 7-703,
9 that the person has been adjudicated in arrears in court
10 ordered child support payments in an amount equal to 90 days
11 obligation or more, but has not been held in contempt of
12 court, and that the court has ordered that the person's
13 driving privileges be suspended. The obligor's driver's
14 license shall be suspended until such time as the Secretary
15 of State receives authenticated documentation that the
16 obligor is in compliance with the court order of support.
17 When the obligor complies with the court ordered child
18 support payments, the circuit court shall report the
19 obligor's compliance with the court order of support to the
20 Secretary of State, on a form prescribed by the Secretary of
21 State, and shall order that the obligor's driver's license be
22 reinstated.
23 (Source: P.A. 91-613, eff. 7-1-00.)
24 (625 ILCS 5/7-702.1)
25 (Text of Section before amendment by P.A. 91-613)
26 Sec. 7-702.1. Family financial responsibility driving
27 permits. Following the entry of an order that an obligor has
28 been found in contempt by the court for failure to pay court
29 ordered child support payments, the court may enter an order
30 directing the Secretary of State to issue a family financial
31 responsibility driving permit for the purpose of providing
32 the obligor the privilege of operating a motor vehicle
33 between the obligor's residence and place of employment, or
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1 within the scope of employment related duties; or for the
2 purpose of providing transportation for the obligor or a
3 household member to receive alcohol treatment, other drug
4 treatment, or medical care. The court may enter an order
5 directing the issuance of a permit only if the obligor has
6 proven to the satisfaction of the court that no alternative
7 means of transportation are reasonably available for the
8 above stated purposes. No permit shall be issued to a person
9 under the age of 16 years who possesses an instruction
10 permit.
11 Upon entry of an order granting the issuance of a permit
12 to an obligor, the court shall report this finding to the
13 Secretary of State on a form prescribed by the Secretary.
14 This form shall state whether the permit has been granted for
15 employment or medical purposes and the specific days and
16 hours for which limited driving privileges have been granted.
17 The family financial responsibility driving permit shall
18 be subject to cancellation, invalidation, suspension, and
19 revocation by the Secretary of State in the same manner and
20 for the same reasons as a driver's license may be cancelled,
21 invalidated, suspended, or revoked.
22 The Secretary of State shall, upon receipt of a certified
23 court order from the court of jurisdiction, issue a family
24 financial responsibility driving permit. In order for this
25 permit to be issued, an individual's driving privileges must
26 be valid except for the family financial responsibility
27 suspension. This permit shall be valid only for employment
28 and medical purposes as set forth above. The permit shall
29 state the days and hours for which limited driving privileges
30 have been granted.
31 Any submitted court order that contains insufficient data
32 or fails to comply with any provision of this Code shall not
33 be used for issuance of the permit or entered to the
34 individual's driving record but shall be returned to the
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1 court of jurisdiction indicating why the permit cannot be
2 issued at that time. The Secretary of State shall also send
3 notice of the return of the court order to the individual
4 requesting the permit.
5 (Source: P.A. 89-92, eff. 7-1-96; 90-369, eff. 1-1-98.)
6 (Text of Section after amendment by P.A. 91-613)
7 Sec. 7-702.1. Family financial responsibility driving
8 permits. Following the entry of an order that an obligor has
9 been found in contempt by the court for failure to pay court
10 ordered child support payments or to comply with a subpoena
11 or warrant in a paternity or child support proceeding, or
12 upon a motion by the obligor who is subject to having his or
13 her driver's license suspended pursuant to subsection (b) of
14 Section 7-703, the court may enter an order directing the
15 Secretary of State to issue a family financial responsibility
16 driving permit for the purpose of providing the obligor the
17 privilege of operating a motor vehicle between the obligor's
18 residence and place of employment, or within the scope of
19 employment related duties; or for the purpose of providing
20 transportation for the obligor or a household member to
21 receive alcohol treatment, other drug treatment, or medical
22 care. The court may enter an order directing the issuance of
23 a permit only if the obligor has proven to the satisfaction
24 of the court that no alternative means of transportation are
25 reasonably available for the above stated purposes. No
26 permit shall be issued to a person under the age of 16 years
27 who possesses an instruction permit.
28 Upon entry of an order granting the issuance of a permit
29 to an obligor, the court shall report this finding to the
30 Secretary of State on a form prescribed by the Secretary.
31 This form shall state whether the permit has been granted for
32 employment or medical purposes and the specific days and
33 hours for which limited driving privileges have been granted.
34 The family financial responsibility driving permit shall
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1 be subject to cancellation, invalidation, suspension, and
2 revocation by the Secretary of State in the same manner and
3 for the same reasons as a driver's license may be cancelled,
4 invalidated, suspended, or revoked.
5 The Secretary of State shall, upon receipt of a certified
6 court order from the court of jurisdiction, issue a family
7 financial responsibility driving permit. In order for this
8 permit to be issued, an individual's driving privileges must
9 be valid except for the family financial responsibility
10 suspension. This permit shall be valid only for employment
11 and medical purposes as set forth above. The permit shall
12 state the days and hours for which limited driving privileges
13 have been granted.
14 Any submitted court order that contains insufficient data
15 or fails to comply with any provision of this Code shall not
16 be used for issuance of the permit or entered to the
17 individual's driving record but shall be returned to the
18 court of jurisdiction indicating why the permit cannot be
19 issued at that time. The Secretary of State shall also send
20 notice of the return of the court order to the individual
21 requesting the permit.
22 (Source: P.A. 90-369, eff. 1-1-98; 91-613, eff. 7-1-00.)
23 (625 ILCS 5/7-703)
24 (Text of Section before amendment by P.A. 91-613)
25 Sec. 7-703. Courts to report non-payment of court
26 ordered support. The clerk of the circuit court, as provided
27 in subsection (b) of Section 505 of the Illinois Marriage and
28 Dissolution of Marriage Act or as provided in Section 15 of
29 the Illinois Parentage Act of 1984, shall forward to the
30 Secretary of State, on a form prescribed by the Secretary, an
31 authenticated document certifying the court's order
32 suspending the driving privileges of the obligor. For any
33 such certification, the clerk of the court shall charge the
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1 obligor a fee of $5 as provided in the Clerks of Courts Act.
2 (Source: P.A. 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.)
3 (Text of Section after amendment by P.A. 91-613)
4 Sec. 7-703. Courts to report non-payment of court
5 ordered support and noncompliance with certain subpoenas and
6 warrants.
7 (a) The clerk of the circuit court, as provided in
8 subsection (b) of Section 505 of the Illinois Marriage and
9 Dissolution of Marriage Act or as provided in Section 15 of
10 the Illinois Parentage Act of 1984, shall forward to the
11 Secretary of State, on a form prescribed by the Secretary, an
12 authenticated document certifying the court's order
13 suspending the driving privileges of the obligor. For any
14 such certification, the clerk of the court shall charge the
15 obligor a fee of $5 as provided in the Clerks of Courts Act.
16 (b) If an obligor has been adjudicated in arrears in
17 court ordered child support payments in an amount equal to 90
18 days obligation or more but has not been held in contempt of
19 court, the circuit court may order that the obligor's driving
20 privileges be suspended. If the circuit court orders that
21 the obligor's driving privileges be suspended, it shall
22 forward to the Secretary of State, on a form prescribed by
23 the Secretary, an authenticated document certifying the
24 court's order suspending the driving privileges of the
25 obligor. The authenticated document shall be forwarded to
26 the Secretary of State by the court no later than 45 days
27 after entry of the order suspending the obligor's driving
28 privileges.
29 (Source: P.A. 91-613, eff. 7-1-00.)
30 (625 ILCS 5/7-704)
31 Sec. 7-704. Suspension to continue until compliance with
32 court order of support or with subpoena or warrant.
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1 (a) The suspension of a driver's license shall remain in
2 effect unless and until the Secretary of State receives
3 authenticated documentation (i) that the obligor is in
4 compliance with a court order of support or that the order
5 has been stayed by a subsequent order of the court or (ii)
6 that the obligor is in compliance with the subpoena or
7 warrant in a paternity or child support proceeding. Full
8 driving privileges shall not be issued by the Secretary of
9 State until notification of compliance has been received from
10 the court. The circuit clerks shall report the obligor's
11 compliance with a court order of support or with a subpoena
12 or warrant to the Secretary of State, on a form prescribed by
13 the Secretary.
14 (b) Whenever, after one suspension of an individual's
15 driver's license for failure to pay child support, another
16 order of non-payment is entered against the obligor and the
17 person fails to come into compliance with the court order of
18 support, then the Secretary shall again suspend the driver's
19 license of the individual and that suspension shall not be
20 removed unless the obligor is in full compliance with the
21 court order of support and has made full payment on all
22 arrearages.
23 (Source: P.A. 89-92, eff. 7-1-96.)
24 (625 ILCS 5/7-705)
25 Sec. 7-705. Notice. The Secretary of State, prior to
26 suspending a driver's license under this Chapter, shall serve
27 written notice upon an obligor that the individual's driver's
28 license will be suspended in 60 days from the date on the
29 notice unless the obligor satisfies the court order of
30 support or complies with the subpoena or warrant in a
31 paternity or child support proceeding and the circuit clerk
32 notifies the Secretary of State of this compliance.
33 (Source: P.A. 89-92, eff. 7-1-96.)
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1 (625 ILCS 5/7-706)
2 Sec. 7-706. Administrative hearing. A driver may
3 contest this driver's license sanction by requesting an
4 administrative hearing in accordance with Section 2-118 of
5 this Code. If a written request for this hearing is received
6 prior to the effective date of the suspension, the suspension
7 shall be stayed. If a stay of the suspension is granted, it
8 shall remain in effect until a hearing decision is entered.
9 At the conclusion of this hearing, the Secretary of State may
10 rescind or impose the driver's license suspension. If the
11 suspension is upheld, it shall become effective 10 days from
12 the date the hearing decision is entered. If the decision is
13 to rescind the suspension, no suspension of driving
14 privileges shall be entered. The scope of this hearing shall
15 be limited to the following issues:
16 (a) Whether the driver is the obligor covered by the
17 court order of support or the person to whom the subpoena or
18 warrant is directed.
19 (b) Whether the authenticated document of a court order
20 of support indicates that the obligor (i) is 90 days or more
21 delinquent or has been adjudicated in arrears in an amount
22 equal to 90 days obligation or more and has been found in
23 contempt of court for failure to pay child support or (ii)
24 has failed to comply with a subpoena or warrant in a
25 paternity or child support proceeding and has been found in
26 contempt by the court for failure to comply.
27 (c) Whether a superseding authenticated document of any
28 court order of support or of compliance with a subpoena or
29 warrant has been entered.
30 (Source: P.A. 89-92, eff. 7-1-96.)
31 (625 ILCS 5/7-707)
32 Sec. 7-707. Payment of reinstatement fee. Upon an
33 obligor's obligors receiving notice from the Secretary of
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1 State that the suspension of driving privileges has been
2 terminated based upon receipt of notification from the
3 circuit clerk of the obligor's obligors compliance with a
4 court order of support or a subpoena or warrant, the obligor
5 shall pay a $30 reinstatement fee to the Secretary of State
6 as set forth in Section 6-118 of this Code. The fee shall be
7 deposited into the Family Responsibility Fund. In accordance
8 with subsection (e) of Section 6-115 of this Code, the
9 Secretary of State may decline to process a renewal of a
10 driver's license of a person who has not paid this fee.
11 (Source: P.A. 89-92, eff. 7-1-96.)
12 (625 ILCS 5/7-708)
13 Sec. 7-708. Rules. The Secretary of State, using the
14 authority to license motor vehicle operators, may adopt such
15 rules as may be necessary to establish standards, policies,
16 and procedures for the suspension of driver's licenses for
17 non-compliance with a court order of support or with a
18 subpoena or warrant in a paternity or child support
19 proceeding.
20 (Source: P.A. 89-92, eff. 7-1-96.)
21 Section 45. The Attorney Act is amended by changing
22 Section 1 as follows:
23 (705 ILCS 205/1) (from Ch. 13, par. 1)
24 Sec. 1. No person shall be permitted to practice as an
25 attorney or counselor at law within this State without having
26 previously obtained a license for that purpose from the
27 Supreme Court of this State.
28 No person shall receive any compensation directly or
29 indirectly for any legal services other than a regularly
30 licensed attorney.
31 A license, as provided for herein, constitutes the person
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1 receiving the same an attorney and counselor at law,
2 according to the law and customs thereof, for and during his
3 good behavior in the practice and authorizes him to demand
4 and receive fees for any services which he may render as an
5 attorney and counselor at law in this State. No person shall
6 be granted a license or renewal authorized by this Act who
7 has defaulted on an educational loan guaranteed by the
8 Illinois Student Assistance Commission; however, a license or
9 renewal may be issued to the aforementioned persons who have
10 established a satisfactory repayment record as determined by
11 the Illinois Student Assistance Commission. No person shall
12 be granted a license or renewal authorized by this Act who is
13 more than 30 days delinquent in complying with a child
14 support order; a license or renewal may be issued, however,
15 if the person has established a satisfactory repayment record
16 as determined (i) by the Illinois Department of Public Aid
17 for cases being enforced under Article X of the Illinois
18 Public Aid Code or by the Attorney General for cases being
19 enforced under Sections 7.1 through 7.295 of the Attorney
20 General Act or (ii) in all other cases by order of court or
21 by written agreement between the custodial parent and
22 non-custodial parent. No person shall be refused a license
23 under this Act on account of sex.
24 Any person practicing, charging or receiving fees for
25 legal services within this State, either directly or
26 indirectly, without being licensed to practice as herein
27 required, is guilty of contempt of court and shall be
28 punished accordingly, upon complaint being filed in any
29 Circuit Court of this State. Such proceedings shall be
30 conducted in the Courts of the respective counties where the
31 alleged contempt has been committed in the same manner as in
32 cases of indirect contempt and with the right of review by
33 the parties thereto.
34 The provisions of this Act shall be in addition to other
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1 remedies permitted by law and shall not be construed to
2 deprive courts of this State of their inherent right to
3 punish for contempt or to restrain the unauthorized practice
4 of law.
5 Nothing in this Act shall be construed to prohibit
6 representation of a party by a person who is not an attorney
7 in a proceeding before the Illinois State Labor Relations
8 Board or the Illinois Local Labor Relations Board under the
9 Illinois Public Labor Relations Act, as now or hereafter
10 amended, the Illinois Educational Labor Relations Board under
11 the Illinois Educational Labor Relations Act, as now or
12 hereafter amended, the State Civil Service Commission, the
13 local Civil Service Commissions, or the University Civil
14 Service Merit Board, to the extent allowed pursuant to rules
15 and regulations promulgated by those Boards and Commissions.
16 (Source: P.A. 89-6, eff. 3-6-95.)
17 Section 47. The Juvenile Court Act of 1987 is amended by
18 changing Section 6-9 as follows:
19 (705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
20 Sec. 6-9. Enforcement of liability of parents and
21 others.
22 (1) If parentage is at issue in any proceeding under
23 this Act, the Illinois Parentage Act of 1984 shall apply and
24 the court shall enter orders consistent with that Act. If it
25 appears at any hearing that a parent or any other person
26 named in the petition, liable under the law for the support
27 of the minor, is able to contribute to his or her support,
28 the court shall enter an order requiring that parent or other
29 person to pay the clerk of the court, or to the guardian or
30 custodian appointed under Sections 2-27, 3-28, 4-25 or 5-740,
31 a reasonable sum from time to time for the care, support and
32 necessary special care or treatment, of the minor. If the
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1 court determines at any hearing that a parent or any other
2 person named in the petition, liable under the law for the
3 support of the minor, is able to contribute to help defray
4 the costs associated with the minor's detention in a county
5 or regional detention center, the court shall enter an order
6 requiring that parent or other person to pay the clerk of the
7 court a reasonable sum for the care and support of the minor.
8 The court may require reasonable security for the payments.
9 Upon failure to pay, the court may enforce obedience to the
10 order by a proceeding as for contempt of court.
11 If it appears that the person liable for the support of
12 the minor is able to contribute to legal fees for
13 representation of the minor, the court shall enter an order
14 requiring that person to pay a reasonable sum for the
15 representation, to the attorney providing the representation
16 or to the clerk of the court for deposit in the appropriate
17 account or fund. The sum may be paid as the court directs,
18 and the payment thereof secured and enforced as provided in
19 this Section for support.
20 If it appears at the detention or shelter care hearing of
21 a minor before the court under Section 5-501 that a parent or
22 any other person liable for support of the minor is able to
23 contribute to his or her support, that parent or other person
24 shall be required to pay a fee for room and board at a rate
25 not to exceed $10 per day established, with the concurrence
26 of the chief judge of the judicial circuit, by the county
27 board of the county in which the minor is detained unless the
28 court determines that it is in the best interest and welfare
29 of the minor to waive the fee. The concurrence of the chief
30 judge shall be in the form of an administrative order. Each
31 week, on a day designated by the clerk of the circuit court,
32 that parent or other person shall pay the clerk for the
33 minor's room and board. All fees for room and board
34 collected by the circuit court clerk shall be disbursed into
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1 the separate county fund under Section 6-7.
2 Upon application, the court shall waive liability for
3 support or legal fees under this Section if the parent or
4 other person establishes that he or she is indigent and
5 unable to pay the incurred liability, and the court may
6 reduce or waive liability if the parent or other person
7 establishes circumstances showing that full payment of
8 support or legal fees would result in financial hardship to
9 the person or his or her family.
10 (2) When a person so ordered to pay for the care and
11 support of a minor is employed for wages, salary or
12 commission, the court may order him to make the support
13 payments for which he is liable under this Act out of his
14 wages, salary or commission and to assign so much thereof as
15 will pay the support. The court may also order him to make
16 discovery to the court as to his place of employment and the
17 amounts earned by him. Upon his failure to obey the orders of
18 court he may be punished as for contempt of court.
19 (3) If the minor is a recipient of public aid under the
20 Illinois Public Aid Code, the court shall order that payments
21 made by a parent or through assignment of his wages, salary
22 or commission be made directly to (a) the Illinois Department
23 of Public Aid if the minor is a recipient of aid under
24 Article V of the Code, (b) the Department of Human Services
25 if the minor is a recipient of aid under Article IV of the
26 Code, or (c) the local governmental unit responsible for the
27 support of the minor if he is a recipient under Articles VI
28 or VII of the Code. The order shall permit the Illinois
29 Department of Public Aid, the Department of Human Services,
30 or the local governmental unit, as the case may be, to direct
31 that subsequent payments be made directly to the guardian or
32 custodian of the minor, or to some other person or agency in
33 the minor's behalf, upon removal of the minor from the public
34 aid rolls; and upon such direction and removal of the minor
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1 from the public aid rolls, the Illinois Department of Public
2 Aid, Department of Human Services, or local governmental
3 unit, as the case requires, shall give written notice of such
4 action to the court. Payments received by the Illinois
5 Department of Public Aid, Department of Human Services, or
6 local governmental unit are to be covered, respectively, into
7 the General Revenue Fund of the State Treasury or General
8 Assistance Fund of the governmental unit, as provided in
9 Section 7.230 of the Attorney General Act 10-19 of the
10 Illinois Public Aid Code.
11 (Source: P.A. 90-157, eff. 1-1-98; 90-483, eff. 1-1-98;
12 90-590, eff. 1-1-99; 90-655, eff. 7-30-98; 91-357, eff.
13 7-29-99.)
14 Section 48. The Unified Code of Corrections is amended
15 by changing Section 5-7-6 as follows:
16 (730 ILCS 5/5-7-6) (from Ch. 38, par. 1005-7-6)
17 Sec. 5-7-6. Duty of Clerk of Court or the Department of
18 Corrections; collection and disposition of compensation.
19 (a) Every gainfully employed offender shall be
20 responsible for managing his or her earnings. The clerk of
21 the circuit court shall have only those responsibilities
22 regarding an offender's earnings as are set forth in this
23 Section.
24 Every offender, including offenders who are sentenced to
25 periodic imprisonment for weekends only, gainfully employed
26 shall pay a fee for room and board at a rate established,
27 with the concurrence of the chief judge of the judicial
28 circuit, by the county board of the county in which the
29 offender is incarcerated. The concurrence of the chief judge
30 shall be in the form of an administrative order. In
31 establishing the fee for room and board consideration may be
32 given to all costs incidental to the incarceration of
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1 offenders. If an offender is necessarily absent from the
2 institution at mealtime he or she shall, without additional
3 charge, be furnished with a meal to carry to work. Each
4 week, on a day designated by the clerk of the circuit court,
5 every offender shall pay the clerk the fees for the
6 offender's room and board. Failure to pay the clerk on the
7 day designated shall result in the termination of the
8 offender's release. All fees for room and board collected by
9 the circuit court clerk shall be disbursed into the county's
10 General Corporate Fund.
11 By order of the court, all or a portion of the earnings
12 of employed offenders shall be turned over to the clerk to be
13 distributed for the following purposes, in the order stated:
14 (1) the room and board of the offender;
15 (2) necessary travel expenses to and from work and
16 other incidental expenses of the offender, when those
17 expenses are incurred by the administrator of the
18 offender's imprisonment;
19 (3) support of the offender's dependents, if any.
20 (b) If the offender has one or more dependents who are
21 recipients of financial assistance pursuant to the Illinois
22 Public Aid Code, or who are residents of a State hospital,
23 State school or foster care facility provided by the State,
24 the court shall order the offender to turn over all or a
25 portion of his earnings to the clerk who shall, after making
26 the deductions provided for under paragraph (a), distribute
27 those earnings to the appropriate agency as reimbursement for
28 the cost of care of such dependents. The order shall permit
29 the Department of Human Services (acting as successor to the
30 Illinois Department of Public Aid under the Department of
31 Human Services Act) or the local governmental unit, as the
32 case may be, to request the clerk that subsequent payments be
33 made directly to the dependents, or to some agency or person
34 in their behalf, upon removal of the dependents from the
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1 public aid rolls; and upon such direction and removal of the
2 recipients from the public aid rolls, the Department of Human
3 Services or the local governmental unit, as the case
4 requires, shall give written notice of such action to the
5 court. Payments received by the Department of Human Services
6 or by governmental units in behalf of recipients of public
7 aid shall be deposited into the General Revenue Fund of the
8 State Treasury or General Assistance Fund of the governmental
9 unit, under Section 7.230 of the Attorney General Act 10-19
10 of the Illinois Public Aid Code.
11 (c) The clerk of the circuit court shall keep individual
12 accounts of all money collected by him as required by this
13 Article. He shall deposit all moneys as trustee in a
14 depository designated by the county board and shall make
15 payments required by the court's order from such trustee
16 account. Such accounts shall be subject to audit in the same
17 manner as accounts of the county are audited.
18 (d) If an institution or the Department of Corrections
19 certifies to the court that it can administer this Section
20 with respect to persons committed to it under this Article,
21 the clerk of the court shall be relieved of its duties under
22 this Section and they shall be assumed by such institution or
23 the Department.
24 (Source: P.A. 90-14, eff. 7-1-97; 91-357, eff. 7-29-99.)
25 Section 50. The Code of Civil Procedure is amended by
26 changing Section 2-101 as follows:
27 (735 ILCS 5/2-101) (from Ch. 110, par. 2-101)
28 Sec. 2-101. Generally. Except as otherwise provided in
29 this Act, every action must be commenced (1) in the county of
30 residence of any defendant who is joined in good faith and
31 with probable cause for the purpose of obtaining a judgment
32 against him or her and not solely for the purpose of fixing
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1 venue in that county, or (2) in the county in which the
2 transaction or some part thereof occurred out of which the
3 cause of action arose.
4 If a check, draft, money order, or other instrument for
5 the payment of child support payable to or delivered to the
6 State Disbursement Unit established under the Attorney
7 General Act Section 10-26 of the Illinois Public Aid Code is
8 returned by the bank or depository for any reason, venue for
9 the enforcement of any criminal proceedings or civil cause of
10 action for recovery and attorney fees shall be in the county
11 where the principal office of the State Disbursement Unit is
12 located.
13 If all defendants are nonresidents of the State, an
14 action may be commenced in any county.
15 If the corporate limits of a city, village or town extend
16 into more than one county, then the venue of an action or
17 proceeding instituted by that municipality to enforce any
18 fine, imprisonment, penalty or forfeiture for violation of
19 any ordinance of that municipality, regardless of the county
20 in which the violation was committed or occurred, may be in
21 the appropriate court (i) in the county wherein the office of
22 the clerk of the municipality is located or (ii) in any
23 county in which at least 35% of the territory within the
24 municipality's corporate limits is located.
25 (Source: P.A. 91-212, eff. 7-20-99.)
26 Section 55. The Illinois Marriage and Dissolution of
27 Marriage Act is amended by changing Sections 505, 505.1,
28 505.2, 505.3, 507, 507.1, 510, 516, 705, 709, 710, and 712 as
29 follows:
30 (750 ILCS 5/505) (from Ch. 40, par. 505)
31 (Text of Section before amendment by P.A. 91-655)
32 Sec. 505. Child support; contempt; penalties.
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1 (a) In a proceeding for dissolution of marriage, legal
2 separation, declaration of invalidity of marriage, a
3 proceeding for child support following dissolution of the
4 marriage by a court which lacked personal jurisdiction over
5 the absent spouse, a proceeding for modification of a
6 previous order for child support under Section 510 of this
7 Act, or any proceeding authorized under Section 501 or 601 of
8 this Act, the court may order either or both parents owing a
9 duty of support to a child of the marriage to pay an amount
10 reasonable and necessary for his support, without regard to
11 marital misconduct. The duty of support owed to a minor
12 child includes the obligation to provide for the reasonable
13 and necessary physical, mental and emotional health needs of
14 the child.
15 (1) The Court shall determine the minimum amount of
16 support by using the following guidelines:
17 Number of Children Percent of Supporting Party's
18 Net Income
19 1 20%
20 2 25%
21 3 32%
22 4 40%
23 5 45%
24 6 or more 50%
25 (2) The above guidelines shall be applied in each
26 case unless the court makes a finding that application of
27 the guidelines would be inappropriate, after considering
28 the best interests of the child in light of evidence
29 including but not limited to one or more of the following
30 relevant factors:
31 (a) the financial resources and needs of the
32 child;
33 (b) the financial resources and needs of the
34 custodial parent;
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1 (c) the standard of living the child would
2 have enjoyed had the marriage not been dissolved;
3 (d) the physical and emotional condition of
4 the child, and his educational needs; and
5 (e) the financial resources and needs of the
6 non-custodial parent.
7 If the court deviates from the guidelines, the
8 court's finding shall state the amount of support that
9 would have been required under the guidelines, if
10 determinable. The court shall include the reason or
11 reasons for the variance from the guidelines.
12 (3) "Net income" is defined as the total of all
13 income from all sources, minus the following deductions:
14 (a) Federal income tax (properly calculated
15 withholding or estimated payments);
16 (b) State income tax (properly calculated
17 withholding or estimated payments);
18 (c) Social Security (FICA payments);
19 (d) Mandatory retirement contributions
20 required by law or as a condition of employment;
21 (e) Union dues;
22 (f) Dependent and individual
23 health/hospitalization insurance premiums;
24 (g) Prior obligations of support or
25 maintenance actually paid pursuant to a court order;
26 (h) Expenditures for repayment of debts that
27 represent reasonable and necessary expenses for the
28 production of income, medical expenditures necessary
29 to preserve life or health, reasonable expenditures
30 for the benefit of the child and the other parent,
31 exclusive of gifts. The court shall reduce net
32 income in determining the minimum amount of support
33 to be ordered only for the period that such payments
34 are due and shall enter an order containing
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1 provisions for its self-executing modification upon
2 termination of such payment period.
3 (4) In cases where the court order provides for
4 health/hospitalization insurance coverage pursuant to
5 Section 505.2 of this Act, the premiums for that
6 insurance, or that portion of the premiums for which the
7 supporting party is responsible in the case of insurance
8 provided through an employer's health insurance plan
9 where the employer pays a portion of the premiums, shall
10 be subtracted from net income in determining the minimum
11 amount of support to be ordered.
12 (4.5) In a proceeding for child support following
13 dissolution of the marriage by a court that lacked
14 personal jurisdiction over the absent spouse, and in
15 which the court is requiring payment of support for the
16 period before the date an order for current support is
17 entered, there is a rebuttable presumption that the
18 supporting party's net income for the prior period was
19 the same as his or her net income at the time the order
20 for current support is entered.
21 (5) If the net income cannot be determined because
22 of default or any other reason, the court shall order
23 support in an amount considered reasonable in the
24 particular case. The final order in all cases shall
25 state the support level in dollar amounts.
26 (a-5) In an action to enforce an order for support based
27 on the respondent's failure to make support payments as
28 required by the order, notice of proceedings to hold the
29 respondent in contempt for that failure may be served on the
30 respondent by personal service or by regular mail addressed
31 to the respondent's last known address. The respondent's
32 last known address may be determined from records of the
33 clerk of the court, from the Federal Case Registry of Child
34 Support Orders, or by any other reasonable means.
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1 (b) Failure of either parent to comply with an order to
2 pay support shall be punishable as in other cases of
3 contempt. In addition to other penalties provided by law the
4 Court may, after finding the parent guilty of contempt, order
5 that the parent be:
6 (1) placed on probation with such conditions of
7 probation as the Court deems advisable;
8 (2) sentenced to periodic imprisonment for a period
9 not to exceed 6 months; provided, however, that the Court
10 may permit the parent to be released for periods of time
11 during the day or night to:
12 (A) work; or
13 (B) conduct a business or other self-employed
14 occupation.
15 The Court may further order any part or all of the
16 earnings of a parent during a sentence of periodic
17 imprisonment paid to the Clerk of the Circuit Court or to the
18 parent having custody or to the guardian having custody of
19 the minor children of the sentenced parent for the support of
20 said minor children until further order of the Court.
21 If there is a unity of interest and ownership sufficient
22 to render no financial separation between a non-custodial
23 parent and another person or persons or business entity, the
24 court may pierce the ownership veil of the person, persons,
25 or business entity to discover assets of the non-custodial
26 parent held in the name of that person, those persons, or
27 that business entity. The following circumstances are
28 sufficient to authorize a court to order discovery of the
29 assets of a person, persons, or business entity and to compel
30 the application of any discovered assets toward payment on
31 the judgment for support:
32 (1) the non-custodial parent and the person,
33 persons, or business entity maintain records together.
34 (2) the non-custodial parent and the person,
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1 persons, or business entity fail to maintain an arms
2 length relationship between themselves with regard to any
3 assets.
4 (3) the non-custodial parent transfers assets to
5 the person, persons, or business entity with the intent
6 to perpetrate a fraud on the custodial parent.
7 With respect to assets which are real property, no order
8 entered under this paragraph shall affect the rights of bona
9 fide purchasers, mortgagees, judgment creditors, or other
10 lien holders who acquire their interests in the property
11 prior to the time a notice of lis pendens pursuant to the
12 Code of Civil Procedure or a copy of the order is placed of
13 record in the office of the recorder of deeds for the county
14 in which the real property is located.
15 The court may also order in cases where the parent is 90
16 days or more delinquent in payment of support or has been
17 adjudicated in arrears in an amount equal to 90 days
18 obligation or more, that the parent's Illinois driving
19 privileges be suspended until the court determines that the
20 parent is in compliance with the order of support. The court
21 may also order that the parent be issued a family financial
22 responsibility driving permit that would allow limited
23 driving privileges for employment and medical purposes in
24 accordance with Section 7-702.1 of the Illinois Vehicle Code.
25 The clerk of the circuit court shall certify the order
26 suspending the driving privileges of the parent or granting
27 the issuance of a family financial responsibility driving
28 permit to the Secretary of State on forms prescribed by the
29 Secretary. Upon receipt of the authenticated documents, the
30 Secretary of State shall suspend the parent's driving
31 privileges until further order of the court and shall, if
32 ordered by the court, subject to the provisions of Section
33 7-702.1 of the Illinois Vehicle Code, issue a family
34 financial responsibility driving permit to the parent.
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1 In addition to the penalties or punishment that may be
2 imposed under this Section, any person whose conduct
3 constitutes a violation of Section 15 1 of the Non-Support
4 Punishment of Spouse and Children Act may be prosecuted under
5 that Act Section, and a person convicted under that Act
6 Section may be sentenced in accordance with that Act Section.
7 The sentence may include but need not be limited to a
8 requirement that the person perform community service under
9 Section 50 subsection (b) of that Act Section or participate
10 in a work alternative program under Section 50 subsection (c)
11 of that Act Section. A person may not be required to
12 participate in a work alternative program under Section 50
13 subsection (c) of that Act Section if the person is currently
14 participating in a work program pursuant to Section 505.1 of
15 this Act.
16 A support obligation, or any portion of a support
17 obligation, which becomes due and remains unpaid for 30 days
18 or more shall accrue interest at the rate of 9% per annum.
19 (c) A one-time charge of 20% is imposable upon the
20 amount of past-due child support owed on July 1, 1988 which
21 has accrued under a support order entered by the court. The
22 charge shall be imposed in accordance with the provisions of
23 Section 10-21 of the Illinois Public Aid Code and shall be
24 enforced by the court upon petition.
25 (d) Any new or existing support order entered by the
26 court under this Section shall be deemed to be a series of
27 judgments against the person obligated to pay support
28 thereunder, each such judgment to be in the amount of each
29 payment or installment of support and each such judgment to
30 be deemed entered as of the date the corresponding payment or
31 installment becomes due under the terms of the support order.
32 Each such judgment shall have the full force, effect and
33 attributes of any other judgment of this State, including the
34 ability to be enforced. A lien arises by operation of law
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1 against the real and personal property of the noncustodial
2 parent for each installment of overdue support owed by the
3 noncustodial parent.
4 (e) When child support is to be paid through the clerk
5 of the court in a county of 1,000,000 inhabitants or less,
6 the order shall direct the obligor to pay to the clerk, in
7 addition to the child support payments, all fees imposed by
8 the county board under paragraph (3) of subsection (u) of
9 Section 27.1 of the Clerks of Courts Act. Unless paid in
10 cash or pursuant to an order for withholding, the payment of
11 the fee shall be by a separate instrument from the support
12 payment and shall be made to the order of the Clerk.
13 (f) All orders for support, when entered or modified,
14 shall include a provision requiring the obligor to notify the
15 court and, in cases in which a party is receiving child and
16 spouse services under Article X of the Illinois Public Aid
17 Code, the Illinois Department of Public Aid, within 7 days,
18 (i) of the name and address of any new employer of the
19 obligor, (ii) whether the obligor has access to health
20 insurance coverage through the employer or other group
21 coverage and, if so, the policy name and number and the names
22 of persons covered under the policy, and (iii) of any new
23 residential or mailing address or telephone number of the
24 non-custodial parent. In any subsequent action to enforce a
25 support order, upon a sufficient showing that a diligent
26 effort has been made to ascertain the location of the
27 non-custodial parent, service of process or provision of
28 notice necessary in the case may be made at the last known
29 address of the non-custodial parent in any manner expressly
30 provided by the Code of Civil Procedure or this Act, which
31 service shall be sufficient for purposes of due process.
32 (g) An order for support shall include a date on which
33 the current support obligation terminates. The termination
34 date shall be no earlier than the date on which the child
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1 covered by the order will attain the age of majority or is
2 otherwise emancipated. The order for support shall state that
3 the termination date does not apply to any arrearage that may
4 remain unpaid on that date. Nothing in this subsection shall
5 be construed to prevent the court from modifying the order.
6 (h) An order entered under this Section shall include a
7 provision requiring the obligor to report to the obligee and
8 to the clerk of court within 10 days each time the obligor
9 obtains new employment, and each time the obligor's
10 employment is terminated for any reason. The report shall be
11 in writing and shall, in the case of new employment, include
12 the name and address of the new employer. Failure to report
13 new employment or the termination of current employment, if
14 coupled with nonpayment of support for a period in excess of
15 60 days, is indirect criminal contempt. For any obligor
16 arrested for failure to report new employment bond shall be
17 set in the amount of the child support that should have been
18 paid during the period of unreported employment. An order
19 entered under this Section shall also include a provision
20 requiring the obligor and obligee parents to advise each
21 other of a change in residence within 5 days of the change
22 except when the court finds that the physical, mental, or
23 emotional health of a party or that of a minor child, or
24 both, would be seriously endangered by disclosure of the
25 party's address.
26 (Source: P.A. 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
27 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-733, eff.
28 8-11-98; 91-113, eff. 7-15-99; 91-397, eff. 1-1-00; revised
29 10-13-99.)
30 (Text of Section after amendment by P.A. 91-655)
31 Sec. 505. Child support; contempt; penalties.
32 (a) In a proceeding for dissolution of marriage, legal
33 separation, declaration of invalidity of marriage, a
34 proceeding for child support following dissolution of the
-154- LRB9110276WHcs
1 marriage by a court which lacked personal jurisdiction over
2 the absent spouse, a proceeding for modification of a
3 previous order for child support under Section 510 of this
4 Act, or any proceeding authorized under Section 501 or 601 of
5 this Act, the court may order either or both parents owing a
6 duty of support to a child of the marriage to pay an amount
7 reasonable and necessary for his support, without regard to
8 marital misconduct. The duty of support owed to a minor
9 child includes the obligation to provide for the reasonable
10 and necessary physical, mental and emotional health needs of
11 the child.
12 (1) The Court shall determine the minimum amount of
13 support by using the following guidelines:
14 Number of Children Percent of Supporting Party's
15 Net Income
16 1 20%
17 2 25%
18 3 32%
19 4 40%
20 5 45%
21 6 or more 50%
22 (2) The above guidelines shall be applied in each
23 case unless the court makes a finding that application of
24 the guidelines would be inappropriate, after considering
25 the best interests of the child in light of evidence
26 including but not limited to one or more of the following
27 relevant factors:
28 (a) the financial resources and needs of the
29 child;
30 (b) the financial resources and needs of the
31 custodial parent;
32 (c) the standard of living the child would
33 have enjoyed had the marriage not been dissolved;
34 (d) the physical and emotional condition of
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1 the child, and his educational needs; and
2 (e) the financial resources and needs of the
3 non-custodial parent.
4 If the court deviates from the guidelines, the
5 court's finding shall state the amount of support that
6 would have been required under the guidelines, if
7 determinable. The court shall include the reason or
8 reasons for the variance from the guidelines.
9 (3) "Net income" is defined as the total of all
10 income from all sources, minus the following deductions:
11 (a) Federal income tax (properly calculated
12 withholding or estimated payments);
13 (b) State income tax (properly calculated
14 withholding or estimated payments);
15 (c) Social Security (FICA payments);
16 (d) Mandatory retirement contributions
17 required by law or as a condition of employment;
18 (e) Union dues;
19 (f) Dependent and individual
20 health/hospitalization insurance premiums;
21 (g) Prior obligations of support or
22 maintenance actually paid pursuant to a court order;
23 (h) Expenditures for repayment of debts that
24 represent reasonable and necessary expenses for the
25 production of income, medical expenditures necessary
26 to preserve life or health, reasonable expenditures
27 for the benefit of the child and the other parent,
28 exclusive of gifts. The court shall reduce net
29 income in determining the minimum amount of support
30 to be ordered only for the period that such payments
31 are due and shall enter an order containing
32 provisions for its self-executing modification upon
33 termination of such payment period.
34 (4) In cases where the court order provides for
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1 health/hospitalization insurance coverage pursuant to
2 Section 505.2 of this Act, the premiums for that
3 insurance, or that portion of the premiums for which the
4 supporting party is responsible in the case of insurance
5 provided through an employer's health insurance plan
6 where the employer pays a portion of the premiums, shall
7 be subtracted from net income in determining the minimum
8 amount of support to be ordered.
9 (4.5) In a proceeding for child support following
10 dissolution of the marriage by a court that lacked
11 personal jurisdiction over the absent spouse, and in
12 which the court is requiring payment of support for the
13 period before the date an order for current support is
14 entered, there is a rebuttable presumption that the
15 supporting party's net income for the prior period was
16 the same as his or her net income at the time the order
17 for current support is entered.
18 (5) If the net income cannot be determined because
19 of default or any other reason, the court shall order
20 support in an amount considered reasonable in the
21 particular case. The final order in all cases shall
22 state the support level in dollar amounts. However, if
23 the court finds that the child support amount cannot be
24 expressed exclusively as a dollar amount because all or a
25 portion of the payor's net income is uncertain as to
26 source, time of payment, or amount, the court may order a
27 percentage amount of support in addition to a specific
28 dollar amount and enter such other orders as may be
29 necessary to determine and enforce, on a timely basis,
30 the applicable support ordered.
31 (a-5) In an action to enforce an order for support based
32 on the respondent's failure to make support payments as
33 required by the order, notice of proceedings to hold the
34 respondent in contempt for that failure may be served on the
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1 respondent by personal service or by regular mail addressed
2 to the respondent's last known address. The respondent's
3 last known address may be determined from records of the
4 clerk of the court, from the Federal Case Registry of Child
5 Support Orders, or by any other reasonable means.
6 (b) Failure of either parent to comply with an order to
7 pay support or a subpoena or warrant in a paternity or child
8 support proceeding shall be punishable as in other cases of
9 contempt. In addition to other penalties provided by law the
10 Court may, after finding the parent guilty of contempt, order
11 that the parent be:
12 (1) placed on probation with such conditions of
13 probation as the Court deems advisable;
14 (2) sentenced to periodic imprisonment for a period
15 not to exceed 6 months; provided, however, that the Court
16 may permit the parent to be released for periods of time
17 during the day or night to:
18 (A) work; or
19 (B) conduct a business or other self-employed
20 occupation.
21 The Court may further order any part or all of the
22 earnings of a parent during a sentence of periodic
23 imprisonment paid to the Clerk of the Circuit Court or to the
24 parent having custody or to the guardian having custody of
25 the minor children of the sentenced parent for the support of
26 said minor children until further order of the Court.
27 If there is a unity of interest and ownership sufficient
28 to render no financial separation between a non-custodial
29 parent and another person or persons or business entity, the
30 court may pierce the ownership veil of the person, persons,
31 or business entity to discover assets of the non-custodial
32 parent held in the name of that person, those persons, or
33 that business entity. The following circumstances are
34 sufficient to authorize a court to order discovery of the
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1 assets of a person, persons, or business entity and to compel
2 the application of any discovered assets toward payment on
3 the judgment for support:
4 (1) the non-custodial parent and the person,
5 persons, or business entity maintain records together.
6 (2) the non-custodial parent and the person,
7 persons, or business entity fail to maintain an arms
8 length relationship between themselves with regard to any
9 assets.
10 (3) the non-custodial parent transfers assets to
11 the person, persons, or business entity with the intent
12 to perpetrate a fraud on the custodial parent.
13 With respect to assets which are real property, no order
14 entered under this paragraph shall affect the rights of bona
15 fide purchasers, mortgagees, judgment creditors, or other
16 lien holders who acquire their interests in the property
17 prior to the time a notice of lis pendens pursuant to the
18 Code of Civil Procedure or a copy of the order is placed of
19 record in the office of the recorder of deeds for the county
20 in which the real property is located.
21 The court may also order in cases where the parent is 90
22 days or more delinquent in payment of support or has been
23 adjudicated in arrears in an amount equal to 90 days
24 obligation or more, or has failed to comply with a subpoena
25 or warrant in a paternity or child support proceeding person
26 w that the parent's Illinois driving privileges be suspended
27 until the court determines that the parent is in compliance
28 with the order of support or subpoena or warrant. The court
29 may also order that the parent be issued a family financial
30 responsibility driving permit that would allow limited
31 driving privileges for employment and medical purposes in
32 accordance with Section 7-702.1 of the Illinois Vehicle Code.
33 The clerk of the circuit court shall certify the order
34 suspending the driving privileges of the parent or granting
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1 the issuance of a family financial responsibility driving
2 permit to the Secretary of State on forms prescribed by the
3 Secretary. Upon receipt of the authenticated documents, the
4 Secretary of State shall suspend the parent's driving
5 privileges until further order of the court and shall, if
6 ordered by the court, subject to the provisions of Section
7 7-702.1 of the Illinois Vehicle Code, issue a family
8 financial responsibility driving permit to the parent.
9 In addition to the penalties or punishment that may be
10 imposed under this Section, any person whose conduct
11 constitutes a violation of Section 15 1 of the Non-Support
12 Punishment of Spouse and Children Act may be prosecuted under
13 that Act Section, and a person convicted under that Act
14 Section may be sentenced in accordance with that Act Section.
15 The sentence may include but need not be limited to a
16 requirement that the person perform community service under
17 Section 50 subsection (b) of that Act Section or participate
18 in a work alternative program under Section 50 subsection (c)
19 of that Act Section. A person may not be required to
20 participate in a work alternative program under Section 50
21 subsection (c) of that Act Section if the person is currently
22 participating in a work program pursuant to Section 505.1 of
23 this Act.
24 A support obligation, or any portion of a support
25 obligation, which becomes due and remains unpaid for 30 days
26 or more shall accrue interest at the rate of 9% per annum.
27 (c) A one-time charge of 20% is imposable upon the
28 amount of past-due child support owed on July 1, 1988 which
29 has accrued under a support order entered by the court. The
30 charge shall be imposed in accordance with the provisions of
31 Section 10-21 of the Illinois Public Aid Code and shall be
32 enforced by the court upon petition. On and after the
33 effective date of this amendatory Act of the 91st General
34 Assembly, the Attorney General may collect, on behalf of the
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1 Illinois Department of Public Aid, any charge imposed in
2 accordance with this subsection. Nothing in this amendatory
3 Act of the 91st General Assembly shall be construed to affect
4 the validity of any charge imposed in accordance with this
5 subsection.
6 (d) Any new or existing support order entered by the
7 court under this Section shall be deemed to be a series of
8 judgments against the person obligated to pay support
9 thereunder, each such judgment to be in the amount of each
10 payment or installment of support and each such judgment to
11 be deemed entered as of the date the corresponding payment or
12 installment becomes due under the terms of the support order.
13 Each such judgment shall have the full force, effect and
14 attributes of any other judgment of this State, including the
15 ability to be enforced. A lien arises by operation of law
16 against the real and personal property of the noncustodial
17 parent for each installment of overdue support owed by the
18 noncustodial parent.
19 (e) When child support is to be paid through the clerk
20 of the court in a county of 1,000,000 inhabitants or less,
21 the order shall direct the obligor to pay to the clerk, in
22 addition to the child support payments, all fees imposed by
23 the county board under paragraph (3) of subsection (u) of
24 Section 27.1 of the Clerks of Courts Act. Unless paid in
25 cash or pursuant to an order for withholding, the payment of
26 the fee shall be by a separate instrument from the support
27 payment and shall be made to the order of the Clerk.
28 (f) All orders for support, when entered or modified,
29 shall include a provision requiring the obligor to notify the
30 court and, in cases in which a party is receiving child and
31 spouse services under Article X of the Illinois Public Aid
32 Code or under Section 7.1 through 7.295 of the Attorney
33 General Act, the Illinois Department of Public Aid (before
34 the effective date of this amendatory Act of the 91st General
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1 Assembly) or the Attorney General (on and after that date),
2 within 7 days, (i) of the name and address of any new
3 employer of the obligor, (ii) whether the obligor has access
4 to health insurance coverage through the employer or other
5 group coverage and, if so, the policy name and number and the
6 names of persons covered under the policy, and (iii) of any
7 new residential or mailing address or telephone number of the
8 non-custodial parent. In any subsequent action to enforce a
9 support order, upon a sufficient showing that a diligent
10 effort has been made to ascertain the location of the
11 non-custodial parent, service of process or provision of
12 notice necessary in the case may be made at the last known
13 address of the non-custodial parent in any manner expressly
14 provided by the Code of Civil Procedure or this Act, which
15 service shall be sufficient for purposes of due process.
16 (g) An order for support shall include a date on which
17 the current support obligation terminates. The termination
18 date shall be no earlier than the date on which the child
19 covered by the order will attain the age of majority or is
20 otherwise emancipated. The order for support shall state
21 that the termination date does not apply to any arrearage
22 that may remain unpaid on that date. Nothing in this
23 subsection shall be construed to prevent the court from
24 modifying the order.
25 (h) An order entered under this Section shall include a
26 provision requiring the obligor to report to the obligee and
27 to the clerk of court within 10 days each time the obligor
28 obtains new employment, and each time the obligor's
29 employment is terminated for any reason. The report shall be
30 in writing and shall, in the case of new employment, include
31 the name and address of the new employer. Failure to report
32 new employment or the termination of current employment, if
33 coupled with nonpayment of support for a period in excess of
34 60 days, is indirect criminal contempt. For any obligor
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1 arrested for failure to report new employment bond shall be
2 set in the amount of the child support that should have been
3 paid during the period of unreported employment. An order
4 entered under this Section shall also include a provision
5 requiring the obligor and obligee parents to advise each
6 other of a change in residence within 5 days of the change
7 except when the court finds that the physical, mental, or
8 emotional health of a party or that of a minor child, or
9 both, would be seriously endangered by disclosure of the
10 party's address.
11 (Source: P.A. 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
12 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-733, eff.
13 8-11-98; 91-113, eff. 7-15-99; 91-397, eff. 1-1-00; 91-655,
14 eff. 6-1-00; revised 12-29-99.)
15 (750 ILCS 5/505.1) (from Ch. 40, par. 505.1)
16 Sec. 505.1. (a) Whenever it is determined in a
17 proceeding to establish or enforce a child support or
18 maintenance obligation that the person owing a duty of
19 support is unemployed, the court may order the person to seek
20 employment and report periodically to the court with a diary,
21 listing or other memorandum of his or her efforts in
22 accordance with such order. Additionally, the court may order
23 the unemployed person to report to the Department of
24 Employment Security for job search services or to make
25 application with the local Job Training Partnership Act
26 provider for participation in job search, training or work
27 programs and where the duty of support is owed to a child
28 receiving support services under Article X of the Illinois
29 Public Aid Code or Sections 7.1 through 7.295 of the Attorney
30 General Act, as amended, the court may order the unemployed
31 person to report to the Illinois Department of Human Services
32 Public Aid for participation in job search, training or work
33 programs established under Section 9-6 and Article IXA of the
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1 Illinois Public Aid that Code.
2 (b) Whenever it is determined that a person owes
3 past-due support for a child or for a child and the parent
4 with whom the child is living, and the child is receiving
5 assistance under the Illinois Public Aid Code, the court
6 shall order at the request of the Illinois Department of
7 Public Aid (before the effective date of this amendatory Act
8 of the 91st General Assembly) or the Attorney General (on and
9 after that date):
10 (1) that the person pay the past-due support in
11 accordance with a plan approved by the court; or
12 (2) if the person owing past-due support is
13 unemployed, is subject to such a plan, and is not
14 incapacitated, that the person participate in such job
15 search, training, or work programs established under
16 Section 9-6 and Article IXA of the Illinois Public Aid
17 Code as the court deems appropriate.
18 (Source: P.A. 90-18, eff. 7-1-97; 91-357, eff. 7-29-99.)
19 (750 ILCS 5/505.2) (from Ch. 40, par. 505.2)
20 Sec. 505.2. Health insurance.
21 (a) Definitions. As used in this Section:
22 (1) "Obligee" means the individual to whom the duty
23 of support is owed or the individual's legal
24 representative.
25 (2) "Obligor" means the individual who owes a duty
26 of support pursuant to an order for support.
27 (3) "Public office" means any elected official or
28 any State or local agency which is or may become
29 responsible by law for enforcement of, or which is or may
30 become authorized to enforce, an order for support,
31 including, but not limited to: the Attorney General, the
32 Illinois Department of Public Aid, the Illinois
33 Department of Human Services, the Illinois Department of
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1 Children and Family Services, and the various State's
2 Attorneys, Clerks of the Circuit Court and supervisors of
3 general assistance.
4 (b) Order.
5 (1) Whenever the court establishes, modifies or
6 enforces an order for child support or for child support
7 and maintenance the court shall include in the order a
8 provision for the health care coverage of the child which
9 shall, upon request of the obligee or Public Office,
10 require that any child covered by the order be named as a
11 beneficiary of any health insurance plan that is
12 available to the obligor through an employer or labor
13 union or trade union. If the court finds that such a
14 plan is not available to the obligor, or that the plan is
15 not accessible to the obligee, the court may, upon
16 request of the obligee or Public Office, order the
17 obligor to name the child covered by the order as a
18 beneficiary of any health insurance plan that is
19 available to the obligor on a group basis, or as a
20 beneficiary of an independent health insurance plan to be
21 obtained by the obligor, after considering the following
22 factors:
23 (A) the medical needs of the child;
24 (B) the availability of a plan to meet those
25 needs; and
26 (C) the cost of such a plan to the obligor.
27 (2) If the employer or labor union or trade union
28 offers more than one plan, the order shall require the
29 obligor to name the child as a beneficiary of the plan in
30 which the obligor is enrolled.
31 (2.5) If the obligor changes employment and the new
32 employer provides a health insurance plan, the Public
33 Office shall transfer notice of the order to the new
34 employer. The notice shall operate to enroll the child
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1 in the health insurance plan that is available to the
2 obligor unless the obligor contests the notice.
3 (3) Nothing in this Section shall be construed to
4 limit the authority of the court to establish or modify a
5 support order to provide for payment of expenses,
6 including deductibles, copayments and any other health
7 expenses, which are in addition to expenses covered by an
8 insurance plan of which a child is ordered to be named a
9 beneficiary pursuant to this Section.
10 (c) Implementation and enforcement.
11 (1) When the court order requires that a minor
12 child be named as a beneficiary of a health insurance
13 plan, other than a health insurance plan available
14 through an employer or labor union or trade union, the
15 obligor shall provide written proof to the obligee or
16 Public Office that the required insurance has been
17 obtained, or that application for insurability has been
18 made, within 30 days of receiving notice of the court
19 order. Unless the obligor was present in court when the
20 order was issued, notice of the order shall be given
21 pursuant to Illinois Supreme Court Rules. If an obligor
22 fails to provide the required proof, he may be held in
23 contempt of court.
24 (2) When the court requires that a minor child be
25 named as a beneficiary of a health insurance plan
26 available through an employer or labor union or trade
27 union, the court's order shall be implemented in
28 accordance with the Income Withholding for Support Act
29 Section 706.1, as now or hereafter amended.
30 (d) Failure to maintain insurance. The dollar amount of
31 the premiums for court-ordered health insurance, or that
32 portion of the premiums for which the obligor is responsible
33 in the case of insurance provided under a group health
34 insurance plan through an employer or labor union or trade
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1 union where the employer or labor union or trade union pays a
2 portion of the premiums, shall be considered an additional
3 child support obligation owed by the obligor. Whenever the
4 obligor fails to provide or maintain health insurance
5 pursuant to an order for support, the obligor shall be liable
6 to the obligee for the dollar amount of the premiums which
7 were not paid, and shall also be liable for all medical
8 expenses incurred by the minor child which would have been
9 paid or reimbursed by the health insurance which the obligor
10 was ordered to provide or maintain. In addition, the obligee
11 may petition the court to modify the order based solely on
12 the obligor's failure to pay the premiums for court-ordered
13 health insurance.
14 (e) Authorization for payment. The signature of the
15 obligee is a valid authorization to the insurer to process a
16 claim for payment under the insurance plan to the provider of
17 the health care services or to the obligee.
18 (f) Disclosure of information. The obligor's employer
19 or labor union or trade union shall disclose to the obligee
20 or Public Office, upon request, information concerning any
21 dependent coverage plans which would be made available to a
22 new employee or labor union member or trade union member.
23 The employer or labor union or trade union shall disclose
24 such information whether or not a court order for medical
25 support has been entered.
26 (g) Employer obligations. If a parent is required by an
27 order for support to provide coverage for a child's health
28 care expenses and if that coverage is available to the parent
29 through an employer who does business in this State, the
30 employer must do all of the following upon receipt of a copy
31 of the order of support or order for withholding:
32 (1) The employer shall, upon the parent's request,
33 permit the parent to include in that coverage a child who
34 is otherwise eligible for that coverage, without regard
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1 to any enrollment season restrictions that might
2 otherwise be applicable as to the time period within
3 which the child may be added to that coverage.
4 (2) If the parent has health care coverage through
5 the employer but fails to apply for coverage of the
6 child, the employer shall include the child in the
7 parent's coverage upon application by the child's other
8 parent, or the Illinois Department of Public Aid, or the
9 Attorney General.
10 (3) The employer may not eliminate any child from
11 the parent's health care coverage unless the employee is
12 no longer employed by the employer and no longer covered
13 under the employer's group health plan or unless the
14 employer is provided with satisfactory written evidence
15 of either of the following:
16 (A) The order for support is no longer in
17 effect.
18 (B) The child is or will be included in a
19 comparable health care plan obtained by the parent
20 under such order that is currently in effect or will
21 take effect no later than the date the prior
22 coverage is terminated.
23 The employer may eliminate a child from a parent's
24 health care plan obtained by the parent under such order
25 if the employer has eliminated dependent health care
26 coverage for all of its employees.
27 (Source: P.A. 89-183, eff. 1-1-96; 89-507, eff. 7-1-97;
28 89-626, eff. 8-9-96; 90-18, eff. 7-1-97.)
29 (750 ILCS 5/505.3)
30 Sec. 505.3. Information to State Case Registry.
31 (a) When an order for support is entered or modified
32 under this Act, the clerk of the circuit court shall, within
33 5 business days, provide to the State Case Registry
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1 established under the Attorney General Act Section 10-27 of
2 the Illinois Public Aid Code the court docket number and
3 county in which the order is entered or modified and the
4 following information, which the parties shall disclose to
5 the court:
6 (1) The names of the custodial and non-custodial
7 parents and of the child or children covered by the
8 order.
9 (2) The dates of birth of the custodial and
10 non-custodial parents and of the child or children
11 covered by the order.
12 (3) The social security numbers of the custodial
13 and non-custodial parents and of the child or children
14 covered by the order.
15 (4) The residential and mailing addresses for the
16 custodial and non-custodial parents.
17 (5) The telephone numbers for the custodial and
18 non-custodial parents.
19 (6) The driver's license numbers for the custodial
20 and non-custodial parents.
21 (7) The name, address, and telephone number of each
22 parent's employer or employers.
23 (b) When a child support order is entered or modified
24 for a case in which a party is receiving child and spouse
25 support services under the Attorney General Act Article X of
26 the Illinois Public Aid Code, the clerk shall provide the
27 State Case Registry with the following information:
28 (1) The information specified in subsection (a) of
29 this Section.
30 (2) The amount of monthly or other periodic support
31 owed under the order and other amounts, including
32 arrearages, interest, or late payment penalties and fees,
33 due or overdue under the order.
34 (3) Any amounts described in subdivision (2) of
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1 this subsection (b) that have been received by the clerk.
2 (4) The distribution of the amounts received by the
3 clerk.
4 (c) A party shall report to the clerk of the circuit
5 court changes in information required to the disclosed under
6 this Section within 5 business days of the change. The clerk
7 shall report such changes in information to the State Case
8 Registry within 5 business days of receipt of the
9 information.
10 (d) To the extent that updated information is in the
11 clerk's possession, the clerk shall provide updates of the
12 information specified in subsection (b) of this Section
13 within 5 business days after the Attorney General's Illinois
14 Department of Public Aid's request for that updated
15 information.
16 (Source: P.A. 91-212, eff. 7-20-99.)
17 (750 ILCS 5/507) (from Ch. 40, par. 507)
18 Sec. 507. Payment of maintenance or support to court.
19 (a) In actions instituted under this Act, the court
20 shall order that maintenance and support payments be made to
21 the clerk of court as trustee for remittance to the person
22 entitled to receive the payments. However, the court in its
23 discretion may direct otherwise where circumstances so
24 warrant.
25 Upon notification in writing or by electronic
26 transmission from the Illinois Department of Public Aid
27 (before the effective date of this amendatory Act of the 91st
28 General Assembly) or the Attorney General (on and after that
29 date) to the clerk of the court that a person who is
30 receiving support payments under this Section is receiving
31 services under the Child Support Enforcement Program
32 established by Title IV-D of the Social Security Act, any
33 support payments subsequently received by the clerk of the
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1 court shall be transmitted in accordance with the
2 instructions of the Illinois Department of Public Aid or the
3 Attorney General until the Department or the Attorney General
4 gives notice to the clerk of the court to cease the
5 transmittal. After providing the notification authorized
6 under this paragraph, the Illinois Department of Public Aid
7 (before the effective date of this amendatory Act of the 91st
8 General Assembly) or the Attorney General (on and after that
9 date) shall be entitled as a party to notice of any further
10 proceedings in the case. The clerk of the court shall file a
11 copy of the Illinois Department of Public Aid's or Attorney
12 General's notification in the court file. The failure of the
13 clerk to file a copy of the notification in the court file
14 shall not, however, affect the Illinois Department of Public
15 Aid's or Attorney General's right to receive notice of
16 further proceedings.
17 (b) The clerk of court shall maintain records listing
18 the amount of payments, the date payments are required to be
19 made and the names and addresses of the parties affected by
20 the order. For those cases in which support is payable to the
21 clerk of the circuit court for transmittal to the Illinois
22 Department of Public Aid by order of the court or upon
23 notification of the Illinois Department of Public Aid or
24 Attorney General, and the Illinois Department of Public Aid
25 or the Attorney General collects support by assignment,
26 offset, withholding, deduction or other process permitted by
27 law, the Illinois Department or the Attorney General, as the
28 case may be, shall notify the clerk of the date and amount of
29 such collection. Upon notification, the clerk shall record
30 the collection on the payment record for the case.
31 (c) The parties affected by the order shall inform the
32 clerk of court of any change of address or of other condition
33 that may affect the administration of the order.
34 (d) The provisions of this Section shall not apply to
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1 cases that come under the provisions of Sections 709 through
2 712.
3 (e) To the extent the provisions of this Section are
4 inconsistent with the requirements pertaining to the State
5 Disbursement Unit under Section 507.1 of this Act and under
6 the Attorney General Act Section 10-26 of the Illinois Public
7 Aid Code, the requirements pertaining to the State
8 Disbursement Unit shall apply.
9 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
10 90-790, eff. 8-14-98; 91-212, eff. 7-20-99; 91-357, eff.
11 7-29-99.)
12 (750 ILCS 5/507.1)
13 Sec. 507.1. Payment of Support to State Disbursement
14 Unit.
15 (a) As used in this Section:
16 "Order for support", "obligor", "obligee", and "payor"
17 mean those terms as defined in the Income Withholding for
18 Support Act, except that "order for support" shall not mean
19 orders providing for spousal maintenance under which there is
20 no child support obligation.
21 (b) Notwithstanding any other provision of this Act to
22 the contrary, each order for support entered or modified on
23 or after October 1, 1999 shall require that support payments
24 be made to the State Disbursement Unit established under the
25 Attorney General Act Section 10-26 of the Illinois Public Aid
26 Code if:
27 (1) a party to the order is receiving child and
28 spouse support services the Attorney General Act under
29 Article X of the Illinois Public Aid Code; or
30 (2) no party to the order is receiving child and
31 spouse support services, but the support payments are
32 made through income withholding.
33 (c) Support payments shall be made to the State
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1 Disbursement Unit if:
2 (1) the order for support was entered before
3 October 1, 1999, and a party to the order is receiving
4 child and spouse support services under the Attorney
5 General Act Article X of the Illinois Public Aid Code; or
6 (2) no party to the order is receiving child and
7 spouse support services, and the support payments are
8 being made through income withholding.
9 (c-5) If no party to the order is receiving child and
10 spouse support services under the Attorney General Act
11 Article X of the Illinois Public Aid Code, and the support
12 payments are not made through income withholding, then
13 support payments shall be made as directed by the order for
14 support.
15 (c-10) (Blank). Within 15 days after the effective date
16 of this amendatory Act of the 91st General Assembly, the
17 Illinois Department shall provide written notice to the clerk
18 of the circuit court, the obligor, and, where applicable, the
19 obligor's payor to make payments to the State Disbursement
20 Unit if:
21 (1) the order for support was entered before
22 October 1, 1999, and a party to the order is receiving
23 child and spouse support services under the Article X of
24 the Illinois Public Aid Code; or
25 (2) no party to the order is receiving child and
26 spouse support services, and the support payments are
27 being made through income withholding.
28 (c-15) (Blank). Within 15 days after the effective date
29 of this amendatory Act of the 91st General Assembly, the
30 clerk of the circuit court shall provide written notice to
31 the obligor to make payments directly to the clerk of the
32 circuit court if no party to the order is receiving child and
33 spouse support services under Article X of the Illinois
34 Public Aid Code, the support payments are not made through
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1 income withholding, and the order for support requires
2 support payments to be made directly to the clerk of the
3 circuit court.
4 (c-20) If the State Disbursement Unit receives a support
5 payment that was not appropriately made to the Unit under
6 this Section, the Unit shall immediately return the payment
7 to the sender, including, if possible, instructions detailing
8 where to send the support payment.
9 (d) (Blank.) The notices required under subsections
10 (c-10) and (c-15) may be sent by ordinary mail, certified
11 mail, return receipt requested, facsimile transmission, or
12 other electronic process, or may be served upon the obligor
13 or payor using any method provided by law for service of a
14 summons. The Illinois Department of Public Aid shall provide
15 a copy of the notice to the obligee and to the clerk of the
16 court.
17 (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.)
18 (750 ILCS 5/510) (from Ch. 40, par. 510)
19 Sec. 510. Modification and termination of provisions for
20 maintenance, support, educational expenses, and property
21 disposition.
22 (a) Except as otherwise provided in paragraph (f) of
23 Section 502 and in subsection (d), clause (3) of Section
24 505.2, the provisions of any judgment respecting maintenance
25 or support may be modified only as to installments accruing
26 subsequent to due notice by the moving party of the filing of
27 the motion for modification and, with respect to maintenance,
28 only upon a showing of a substantial change in circumstances.
29 An order for child support may be modified as follows:
30 (1) upon a showing of a substantial change in
31 circumstances; and
32 (2) without the necessity of showing a substantial
33 change in circumstances, as follows:
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1 (A) upon a showing of an inconsistency of at
2 least 20%, but no less than $10 per month, between
3 the amount of the existing order and the amount of
4 child support that results from application of the
5 guidelines specified in Section 505 of this Act
6 unless the inconsistency is due to the fact that the
7 amount of the existing order resulted from a
8 deviation from the guideline amount and there has
9 not been a change in the circumstances that resulted
10 in that deviation; or
11 (B) Upon a showing of a need to provide for
12 the health care needs of the child under the order
13 through health insurance or other means. In no
14 event shall the eligibility for or receipt of
15 medical assistance be considered to meet the need to
16 provide for the child's health care needs.
17 The provisions of subparagraph (a)(2)(A) shall apply only
18 in cases in which a party is receiving child and spouse
19 support services from the Illinois Department of Public Aid
20 under Article X of the Illinois Public Aid Code or from the
21 Attorney General under Sections 7.1 through 7.295 of the
22 Attorney General Act, and only when at least 36 months have
23 elapsed since the order for child support was entered or last
24 modified.
25 (b) The provisions as to property disposition may not be
26 revoked or modified, unless the court finds the existence of
27 conditions that justify the reopening of a judgment under the
28 laws of this State.
29 (c) Unless otherwise agreed by the parties in a written
30 agreement set forth in the judgment or otherwise approved by
31 the court, the obligation to pay future maintenance is
32 terminated upon the death of either party, or the remarriage
33 of the party receiving maintenance, or if the party receiving
34 maintenance cohabits with another person on a resident,
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1 continuing conjugal basis.
2 (d) Unless otherwise agreed in writing or expressly
3 provided in a judgment, provisions for the support of a child
4 are terminated by emancipation of the child, except as
5 otherwise provided herein, but not by the death of a parent
6 obligated to support or educate the child. An existing
7 obligation to pay for support or educational expenses, or
8 both, is not terminated by the death of a parent. When a
9 parent obligated to pay support or educational expenses, or
10 both, dies, the amount of support or educational expenses, or
11 both, may be enforced, modified, revoked or commuted to a
12 lump sum payment, as equity may require, and that
13 determination may be provided for at the time of the
14 dissolution of the marriage or thereafter.
15 (e) The right to petition for support or educational
16 expenses, or both, under Sections 505 and 513 is not
17 extinguished by the death of a parent. Upon a petition filed
18 before or after a parent's death, the court may award sums of
19 money out of the decedent's estate for the child's support or
20 educational expenses, or both, as equity may require. The
21 time within which a claim may be filed against the estate of
22 a decedent under Sections 505 and 513 and subsection (d) and
23 this subsection shall be governed by the provisions of the
24 Probate Act of 1975, as a barrable, noncontingent claim.
25 (Source: P.A. 87-714; 88-42; 88-307; 88-670, eff. 12-2-94.)
26 (750 ILCS 5/516) (from Ch. 40, par. 516)
27 Sec. 516. Public Aid Collection fee.
28 (a) In all cases instituted before the effective date of
29 this amendatory Act of the 91st General Assembly by the
30 Illinois Department of Public Aid on behalf of a child or
31 spouse, other than one receiving a grant of financial aid
32 under Article IV of The Illinois Public Aid Code, on whose
33 behalf an application has been made and approved for support
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1 services as provided by Section 10-1 of that Code, the court
2 shall impose a collection fee on the individual who owes a
3 child or spouse support obligation in an amount equal to 10%
4 of the amount so owed as long as such collection is required
5 by federal law, which fee shall be in addition to the support
6 obligation. The imposition of such fee shall be in
7 accordance with provisions of Title IV, Part D, of the Social
8 Security Act and regulations duly promulgated thereunder.
9 The fee shall be payable to the clerk of the circuit court
10 for transmittal to the Illinois Department of Public Aid and
11 shall continue until support services are terminated by that
12 Department, except as otherwise provided in this subsection.
13 If a collection fee is imposed under this subsection and
14 if, on or after the effective date of this amendatory Act of
15 the 91st General Assembly, the child or spouse receives
16 support services under Section 7.5 of the Attorney General
17 Act, the fee shall be payable to the clerk of the circuit
18 court for transmittal to the Attorney General and shall
19 continue until support services are terminated by the
20 Attorney General. Nothing in this amendatory Act of the 91st
21 General Assembly shall be construed to affect the validity of
22 any collection fee imposed in accordance with the first
23 paragraph of this subsection.
24 (b) In all cases instituted on or after the effective
25 date of this amendatory Act of the 91st General Assembly by
26 the Attorney General on behalf of a child or spouse, other
27 than one receiving a grant of financial aid under Article IV
28 of the Illinois Public Aid Code, on whose behalf an
29 application has been made and approved for support services
30 as provided by Section 7.5 of the Attorney General Act, the
31 court shall impose a collection fee on the individual who
32 owes a child or spouse support obligation in an amount equal
33 to 10% of the amount so owed as long as such collection is
34 required by federal law, which fee shall be in addition to
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1 the support obligation. The imposition of such fee shall be
2 in accordance with provisions of Title IV, Part D, of the
3 Social Security Act and regulations duly promulgated
4 thereunder. The fee shall be payable to the clerk of the
5 circuit court for transmittal to the Attorney General and
6 shall continue until support services are terminated by the
7 Attorney General.
8 (Source: P.A. 82-979.)
9 (750 ILCS 5/705) (from Ch. 40, par. 705)
10 Sec. 705. Support payments; receiving and disbursing
11 agents.
12 (1) The provisions of this Section shall apply, except
13 as provided in Sections 709 through 712.
14 (2) In a dissolution of marriage action filed in a
15 county of less than 3 million population in which an order or
16 judgment for child support is entered, and in supplementary
17 proceedings in any such county to enforce or vary the terms
18 of such order or judgment arising out of an action for
19 dissolution of marriage filed in such county, the court,
20 except as it otherwise orders, under subsection (4) of this
21 Section, may direct that child support payments be made to
22 the clerk of the court.
23 (3) In a dissolution of marriage action filed in any
24 county of 3 million or more population in which an order or
25 judgment for child support is entered, and in supplementary
26 proceedings in any such county to enforce or vary the terms
27 of such order or judgment arising out of an action for
28 dissolution of marriage filed in such county, the court,
29 except as it otherwise orders under subsection (4) of this
30 Section, may direct that child support payments be made
31 either to the clerk of the court or to the Court Service
32 Division of the County Department of Public Aid. After the
33 effective date of this Act, the court, except as it otherwise
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1 orders under subsection (4) of this Section, may direct that
2 child support payments be made either to the clerk of the
3 court, Attorney General, or to the Illinois Department of
4 Public Aid.
5 (4) In a dissolution of marriage action or supplementary
6 proceedings involving maintenance or child support payments,
7 or both, to persons who are recipients of aid under the
8 Illinois Public Aid Code, the court shall direct that such
9 payments be made to (a) the Attorney General Illinois
10 Department of Public Aid if the persons are recipients under
11 Articles III, IV, or V of the Code, or (b) the local
12 governmental unit responsible for their support if they are
13 recipients under Articles VI or VII of the Code. In
14 accordance with federal law and regulations, the Illinois
15 Department of Public Aid or the Attorney General may continue
16 to collect current maintenance payments or child support
17 payments, or both, after those persons cease to receive
18 public assistance and until termination of services under
19 Article X of the Illinois Public Aid Code or under Sections
20 7.1 through 7.295 of the Attorney General Act. The Illinois
21 Department of Public Aid or the Attorney General shall pay
22 the net amount collected to those persons after deducting any
23 costs incurred in making the collection or any collection fee
24 from the amount of any recovery made. The order shall permit
25 the Illinois Department of Public Aid, or the Attorney
26 General, or the local governmental unit, as the case may be,
27 to direct that payments be made directly to the former
28 spouse, the children, or both, or to some person or agency in
29 their behalf, upon removal of the former spouse or children
30 from the public aid rolls or upon termination of services
31 under Article X of the Illinois Public Aid Code or under
32 Sections 7.1 through 7.295 of the Attorney General Act; and
33 upon such direction, the Illinois Department, Attorney
34 General, or local governmental unit, as the case requires,
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1 shall give notice of such action to the court in writing or
2 by electronic transmission.
3 (5) All clerks of the court and the Court Service
4 Division of a County Department of Public Aid and, after the
5 effective date of this Act, all clerks, the Attorney General,
6 of the court and the Illinois Department of Public Aid,
7 receiving child support payments under subsections (2) and
8 (3) of this Section shall disburse the payments to the person
9 or persons entitled thereto under the terms of the order or
10 judgment. They shall establish and maintain current records
11 of all moneys received and disbursed and of defaults and
12 delinquencies in required payments. The court, by order or
13 rule, shall make provision for the carrying out of these
14 duties.
15 Upon notification in writing or by electronic
16 transmission from the Illinois Department of Public Aid
17 (before the effective date of this amendatory Act of the 91st
18 General Assembly) or the Attorney General (on and after that
19 date) to the clerk of the court that a person who is
20 receiving support payments under this Section is receiving
21 services under the Child Support Enforcement Program
22 established by Title IV-D of the Social Security Act, any
23 support payments subsequently received by the clerk of the
24 court shall be transmitted in accordance with the
25 instructions of the Illinois Department of Public Aid or the
26 Attorney General until the Department or the Attorney General
27 gives notice to the clerk of the court to cease the
28 transmittal. After providing the notification authorized
29 under this paragraph, the Illinois Department of Public Aid
30 (before the effective date of this amendatory Act of the 91st
31 General Assembly) or the Attorney General (on and after that
32 date) shall be entitled as a party to notice of any further
33 proceedings in the case. The clerk of the court shall file a
34 copy of the Illinois Department of Public Aid's or Attorney
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1 General's notification in the court file. The failure of the
2 clerk to file a copy of the notification in the court file
3 shall not, however, affect the Illinois Department of Public
4 Aid's or the Attorney General's right to receive notice of
5 further proceedings.
6 Payments under this Section to the Illinois Department of
7 Public Aid or the Attorney General pursuant to the Child
8 Support Enforcement Program established by Title IV-D of the
9 Social Security Act shall be paid into the Child Support
10 Enforcement Trust Fund. All payments under this Section to
11 the Illinois Department of Human Services shall be deposited
12 in the DHS Recoveries Trust Fund. Disbursements from these
13 funds shall be as provided in the Illinois Public Aid Code.
14 Payments received by a local governmental unit shall be
15 deposited in that unit's General Assistance Fund. Any order
16 of court directing payment of child support to a clerk of
17 court or the Court Service Division of a County Department of
18 Public Aid, which order has been entered on or after August
19 14, 1961, and prior to the effective date of this Act, may be
20 amended by the court in line with this Act; and orders
21 involving payments of maintenance or child support to
22 recipients of public aid may in like manner be amended to
23 conform to this Act.
24 (6) No filing fee or costs will be required in any
25 action brought at the request of the Illinois Department of
26 Public Aid or the Attorney General under this Act. However,
27 any such fees or costs may be assessed by the court against
28 the respondent in the court's order of support or any
29 modification thereof in a proceeding under this Act.
30 (7) For those cases in which child support is payable to
31 the clerk of the circuit court for transmittal to the
32 Illinois Department of Public Aid or the Attorney General by
33 order of court or upon notification by the Illinois
34 Department of Public Aid or the Attorney General, the clerk
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1 shall transmit all such payments, within 4 working days of
2 receipt, to ensure insure that funds are available for
3 immediate distribution by the Department or the Attorney
4 General 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 or the Attorney
8 General of the date of receipt and amount thereof at the time
9 of transmittal. Where the clerk has entered into an
10 agreement of cooperation with the Department or the Attorney
11 General to record the terms of child support orders and
12 payments made thereunder directly into the IV-D Agency's
13 Department's automated data processing system, the clerk
14 shall account for, transmit and otherwise distribute child
15 support payments in accordance with such agreement in lieu of
16 the requirements contained herein.
17 In any action filed in a county with a population of
18 1,000,000 or less, the court shall assess against the
19 respondent in any order of maintenance or child support any
20 sum up to $36 annually authorized by ordinance of the county
21 board to be collected by the clerk of the court as costs for
22 administering the collection and disbursement of maintenance
23 and child support payments. Such sum shall be in addition to
24 and separate from amounts ordered to be paid as maintenance
25 or child support.
26 (8) To the extent the provisions of this Section are
27 inconsistent with the requirements pertaining to the State
28 Disbursement Unit under Section 507.1 of this Act and under
29 the Attorney General Act Section 10-26 of the Illinois Public
30 Aid Code, the requirements pertaining to the State
31 Disbursement Unit shall apply.
32 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
33 90-790, eff. 8-14-98; 91-24, eff. 7-1-99; 91-212, eff.
34 7-20-99; 91-357, eff. 7-29-99; revised 8-31-99.)
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1 (750 ILCS 5/709) (from Ch. 40, par. 709)
2 Sec. 709. Mandatory child support payments to clerk.
3 (a) As of January 1, 1982, child support orders entered
4 in any county covered by this subsection shall be made
5 pursuant to the provisions of Sections 709 through 712 of
6 this Act. For purposes of these Sections, the term "child
7 support payment" or "payment" shall include any payment
8 ordered to be made solely for the purpose of the support of a
9 child or children or any payment ordered for general support
10 which includes any amount for support of any child or
11 children.
12 The provisions of Sections 709 through 712 shall be
13 applicable to any county with a population of 2 million or
14 more and to any other county which notifies the Supreme Court
15 of its desire to be included within the coverage of these
16 Sections and is certified pursuant to Supreme Court Rules.
17 The effective date of inclusion, however, shall be
18 subject to approval of the application for reimbursement of
19 the costs of the support program by the Department of Public
20 Aid (before the effective date of this amendatory Act of the
21 91st General Assembly) or the Attorney General (on and after
22 that date) as provided in Section 712.
23 (b) In any proceeding for a dissolution of marriage,
24 legal separation, or declaration of invalidity of marriage,
25 or in any supplementary proceedings in which a judgment or
26 modification thereof for the payment of child support is
27 entered on or after January 1, 1982, in any county covered by
28 Sections 709 through 712, and the person entitled to payment
29 is receiving a grant of financial aid under Article IV of the
30 Illinois Public Aid Code or has applied and qualified for
31 support services under Section 10-1 of that Code or under
32 Section 7.5 of the Attorney General Act, the court shall
33 direct: (1) that such payments be made to the clerk of the
34 court and (2) that the parties affected shall each thereafter
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1 notify the clerk of any change of address or change in other
2 conditions that may affect the administration of the order,
3 including the fact that a party who was previously not on
4 public aid has become a recipient of public aid, within 10
5 days of such change. All notices sent to the obligor's last
6 known address on file with the clerk shall be deemed
7 sufficient to proceed with enforcement pursuant to the
8 provisions of Sections 709 through 712.
9 In all other cases, the court may direct that payments be
10 made to the clerk of the court.
11 (c) Except as provided in subsection (d) of this
12 Section, the clerk shall disburse the payments to the person
13 or persons entitled thereto under the terms of the order or
14 judgment.
15 (d) The court shall determine, prior to the entry of the
16 support order, if the party who is to receive the support is
17 presently receiving public aid or has a current application
18 for public aid pending and shall enter the finding on the
19 record.
20 If the person entitled to payment is a recipient of aid
21 under the Illinois Public Aid Code, the clerk, upon being
22 informed of this fact by finding of the court, by
23 notification by the party entitled to payment, by the
24 Illinois Department of Public Aid, by the Attorney General,
25 the local governmental unit, shall make all payments to: (1)
26 the Attorney General Illinois Department of Public Aid if the
27 person is a recipient under Article III, IV, or V of the Code
28 or (2) the local governmental unit responsible for his or her
29 support if the person is a recipient under Article VI or VII
30 of the Code. In accordance with federal law and regulations,
31 the Illinois Department of Public Aid may continue to collect
32 current maintenance payments or child support payments, or
33 both, after those persons cease to receive public assistance
34 and until termination of services under Article X of the
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1 Illinois Public Aid Code or under Sections 7.1 through 7.295
2 of the Attorney General Act. The Illinois Department of
3 Public Aid or the Attorney General shall pay the net amount
4 collected to those persons after deducting any costs incurred
5 in making the collection or any collection fee from the
6 amount of any recovery made. Upon termination of public aid
7 payments to such a recipient or termination of services under
8 Article X of the Illinois Public Aid Code or under Sections
9 7.1 through 7.295 of the Attorney General Act, the Illinois
10 Department of Public Aid, the Attorney General, or the
11 appropriate local governmental unit shall notify the clerk in
12 writing or by electronic transmission that all subsequent
13 payments are to be sent directly to the person entitled
14 thereto.
15 Upon notification in writing or by electronic
16 transmission from the Illinois Department of Public Aid
17 (before the effective date of this amendatory Act of the 91st
18 General Assembly) or the Attorney General (on and after that
19 date) to the clerk of the court that a person who is
20 receiving support payments under this Section is receiving
21 services under the Child Support Enforcement Program
22 established by Title IV-D of the Social Security Act, any
23 support payments subsequently received by the clerk of the
24 court shall be transmitted in accordance with the
25 instructions of the Illinois Department of Public Aid or the
26 Attorney General until the Department or the Attorney General
27 gives notice to the clerk of the court to cease the
28 transmittal. After providing the notification authorized
29 under this paragraph, the Illinois Department of Public Aid
30 (before the effective date of this amendatory Act of the 91st
31 General Assembly) or the Attorney General (on and after that
32 date) shall be entitled as a party to notice of any further
33 proceedings in the case. The clerk of the court shall file a
34 copy of the Illinois Department of Public Aid's or Attorney
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1 General's notification in the court file. The failure of the
2 clerk to file a copy of the notification in the court file
3 shall not, however, affect the Illinois Department of Public
4 Aid's or Attorney General's right to receive notice of
5 further proceedings.
6 Payments under this Section to the Illinois Department of
7 Public Aid or the Attorney General pursuant to the Child
8 Support Enforcement Program established by Title IV-D of the
9 Social Security Act shall be paid into the Child Support
10 Enforcement Trust Fund. All payments under this Section to
11 the Illinois Department of Human Services shall be deposited
12 in the DHS Recoveries Trust Fund. Disbursements from these
13 funds shall be as provided in the Illinois Public Aid Code.
14 Payments received by a local governmental unit shall be
15 deposited in that unit's General Assistance Fund.
16 (e) Any order or judgment may be amended by the court,
17 upon its own motion or upon the motion of either party, to
18 conform with the provisions of Sections 709 through 712,
19 either as to the requirement of making payments to the clerk
20 or, where payments are already being made to the clerk, as to
21 the statutory fees provided for under Section 711.
22 (f) The clerk may invest in any interest bearing account
23 or in any securities, monies collected for the benefit of a
24 payee, where such payee cannot be found; however, the
25 investment may be only for the period until the clerk is able
26 to locate and present the payee with such monies. The clerk
27 may invest in any interest bearing account, or in any
28 securities, monies collected for the benefit of any other
29 payee; however, this does not alter the clerk's obligation to
30 make payments to the payee in a timely manner. Any interest
31 or capital gains accrued shall be for the benefit of the
32 county and shall be paid into the special fund established in
33 subsection (b) of Section 711.
34 (g) The clerk shall establish and maintain a payment
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1 record of all monies received and disbursed and such record
2 shall constitute prima facie evidence of such payment and
3 non-payment, as the case may be.
4 (h) For those cases in which child support is payable to
5 the clerk of the circuit court for transmittal to the
6 Illinois Department of Public Aid or the Attorney General by
7 order of court or upon notification by the Illinois
8 Department of Public Aid or the Attorney General, the clerk
9 shall transmit all such payments, within 4 working days of
10 receipt, to insure that funds are available for immediate
11 distribution by the Department to the person or entity
12 entitled thereto in accordance with standards of the Child
13 Support Enforcement Program established under Title IV-D of
14 the Social Security Act. The clerk shall notify the
15 Department of the date of receipt and amount thereof at the
16 time of transmittal. Where the clerk has entered into an
17 agreement of cooperation with the Department to record the
18 terms of child support orders and payments made thereunder
19 directly into the Department's automated data processing
20 system, the clerk shall account for, transmit and otherwise
21 distribute child support payments in accordance with such
22 agreement in lieu of the requirements contained herein.
23 (i) To the extent the provisions of this Section are
24 inconsistent with the requirements pertaining to the State
25 Disbursement Unit under Section 507.1 of this Act and under
26 the Attorney General Act Section 10-26 of the Illinois Public
27 Aid Code, the requirements pertaining to the State
28 Disbursement Unit shall apply.
29 (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99;
30 revised 9-28-99.)
31 (750 ILCS 5/710) (from Ch. 40, par. 710)
32 Sec. 710. Enforcement; Penalties.
33 (a) In counties certified as included under the
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1 provisions of Sections 709 through 712 and whose application
2 for reimbursement is approved, there shall be instituted a
3 child support enforcement program to be conducted by the
4 clerk of the circuit court and the state's attorney of the
5 county. The program is to be limited to enforcement of child
6 support orders entered pursuant to this Act.
7 The child support enforcement program is to be conducted
8 only on behalf of dependent children included in a grant of
9 financial aid under Article IV of The Illinois Public Aid
10 Code and parties who apply and qualify for support services
11 pursuant to Section 10-1 of such Code or Section 7.5 of the
12 Attorney General Act.
13 Nothing in this Section shall be construed to prohibit
14 the establishment of a child support enforcement program by
15 the clerk of the circuit court in cooperation with the
16 State's Attorney of the county.
17 (b) In the event of a delinquency in payment, as
18 determined from the record maintained by the clerk in a
19 county covered by the child support enforcement program, such
20 clerk shall notify both the party obligated to make the
21 payment, hereinafter called the payor, and the recipient of
22 such payment, hereinafter called the payee, of such
23 delinquency and that if the amount then due and owing is not
24 remitted in the time period required by circuit court rules,
25 the matter will be referred to the state's attorney for
26 enforcement proceedings. Upon failure of the payor to remit
27 as required, the clerk shall refer the matter to the state's
28 attorney, except as provided by rule of the circuit court.
29 (c) Upon referral from the clerk, the state's attorney
30 shall promptly initiate enforcement proceedings against the
31 payor. Legal representation by the state's attorney shall be
32 limited to child support and shall not extend to visitation,
33 custody, property or other matters; however, if the payor
34 properly files pleadings raising such matters during the
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1 course of the child support hearing and the court finds that
2 it has jurisdiction of such matters, the payee shall be
3 granted the opportunity to obtain a continuance in order to
4 secure representation for those other matters, and the court
5 shall not delay entry of an appropriate support order pending
6 the disposition of such other matters.
7 If the state's attorney does not commence enforcement
8 proceedings within 30 days, the clerk shall inform the court
9 which, upon its own motion, shall appoint counsel for
10 purposes of enforcement. The fees and expenses of such
11 counsel shall be paid by the payor and shall not be paid by
12 the State.
13 Nothing in this Section shall be construed to prevent a
14 payee from instituting independent enforcement proceedings or
15 limit the remedies available to payee in such proceedings.
16 However, absent the exercise under this provision of a
17 private right of enforcement, enforcement shall be as
18 otherwise provided in this Section.
19 (d) At the time any support order is entered, the payee
20 shall be informed of the procedure used for enforcement and
21 shall be given the address and telephone number both of the
22 clerk and of the Child and Spouse Support Unit as provided in
23 Section 712.
24 The payee shall be informed that, if no action is taken
25 within 2 months of any complaint to the clerk, payee may
26 contact the Unit to seek assistance in obtaining enforcement.
27 (e) Upon a finding that payor is in default and that
28 such non-payment is for a period of two months and that such
29 non-payment is without good cause, the court shall order the
30 payor to pay a sum equal to 2% of the arrearage as a penalty
31 along with his payment.
32 The court may further assess against the payor any fees
33 and expenses incurred in the enforcement of any order or the
34 reasonable value thereof and may impose any penalty otherwise
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1 available to it in a case of contempt.
2 All penalties, fees and expenses assessed against the
3 payor pursuant to this subsection are to cover the expenses
4 of enforcement, are to be paid to the clerk and are to be
5 placed by him in the special fund provided for in Section
6 711.
7 (f) Any person not covered by the child support
8 enforcement program may institute private and independent
9 proceedings to enforce payment of support.
10 (Source: P.A. 88-284.)
11 (750 ILCS 5/712) (from Ch. 40, par. 712)
12 Sec. 712. (a) The Supreme Court may make Rules
13 concerning the certification of counties for inclusion in the
14 child support enforcement program and the application of the
15 procedures created by Sections 709 through 712 in the various
16 counties.
17 The Supreme Court shall inform each circuit court and
18 clerk of the court of the availability of the program to
19 reimburse counties desiring to participate in the program of
20 enforcement of child support payments.
21 The Supreme Court shall also distribute to each circuit
22 court and clerk of the court any materials prepared by the
23 Child and Spouse Support Unit comparing child support
24 enforcement in counties included and not included in this
25 program.
26 (b) Before the effective date of this amendatory Act of
27 the 91st General Assembly, the Illinois Department of Public
28 Aid, through the Child and Spouse Support Unit provided for
29 by Section 10-3.1 of The Illinois Public Aid Code, shall have
30 general supervision of the child support programs created by
31 Sections 709 through 712 and shall have the powers and duties
32 provided in this Section, including the following:
33 (1) to make advance payments to any county included in
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1 the program for expenses in preparing programs to enforce
2 payment of child support to the clerk from appropriations
3 made for such purposes by the General Assembly;
4 (2) to make payments to each covered county to pay for
5 its reasonable expenses actually necessary to maintain a
6 continuing program not paid for by fees, penalties, or other
7 monies; provided that, with respect to that portion of the
8 program on behalf of dependent children included in a grant
9 of financial aid under Article IV of The Illinois Public Aid
10 Code the Unit shall pay only such expenses as is its current
11 practice or as it may deem appropriate; provided further that
12 the Unit shall only pay expenses of the entire program
13 subject to the availability of federal monies to pay the
14 majority of expenses of the entire child support enforcement
15 program; provided further that the Unit or Department may set
16 standards relating to enforcement which have to be met by any
17 county seeking to enter a contract with the Department for
18 reimbursement of expenses of the entire enforcement program
19 prior to an application for reimbursement being approved and
20 the contract granted; and provided further that such
21 standards may relate to, but are not limited to the following
22 factors: maintenance of the payment record, the definition of
23 delinquency; the period of time in which a delinquency must
24 be determined, the payor notified, the remittance received,
25 the referral to the state's attorney made, and the payment
26 remitted by the clerk to the payee or other party entitled to
27 the payment; the conditions under which referral will not be
28 made to the state's attorney; and the definitions and
29 procedures for other matters necessary for the conduct and
30 operation of the program;
31 (3) to monitor the various local programs for
32 enforcement of child support payments to the clerk;
33 (4) to act to encourage enforcement whenever local
34 enforcement procedures are inadequate;
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1 (5) to receive monies from any source for assistance in
2 enforcement of child support; and
3 (6) to assist any county desirous of assistance in
4 establishing and maintaining a child support enforcement
5 program.
6 (b-5) On and after the effective date of this amendatory
7 Act of the 91st General Assembly, the Attorney General,
8 through the Child and Spouse Support Unit provided for by
9 Section 7.20 of the Attorney General Act, shall have general
10 supervision of the child support programs created by Sections
11 709 through 712 and shall have the powers and duties provided
12 in this Section, including those assigned to the Illinois
13 Department of Public Aid and its Child and Spouse Support
14 Unit under subsection (b).
15 (c) Any county may apply for financial assistance to the
16 Unit to initiate or maintain a program of child support
17 enforcement. Every county which desires such assistance
18 shall apply according to procedures established by the Unit.
19 In its application, it shall state the following: financial
20 needs, personnel requirements, anticipated caseloads, any
21 amounts collected or anticipated in fees or penalties, and
22 any other information required by the Unit.
23 (d) In the case that any advance money is given to any
24 county under this Section to initiate an enforcement system,
25 the county shall reimburse the state within 2 years from the
26 date such monies are given to it. The Unit may establish an
27 appropriate schedule of reimbursement for any county.
28 (e) In the event of the unavailability of federal monies
29 to pay for the greater part of the costs to a county of the
30 child support enforcement program under Sections 709 through
31 712 and the resulting cessation of state participation, the
32 operation of the child support enforcement program under
33 Sections 709 through 712 shall terminate. The date and the
34 method of termination shall be determined by Supreme Court
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1 Rule.
2 (Source: P.A. 84-1395.)
3 Section 58. The Non-Support Punishment Act is amended by
4 changing Sections 7, 20, 25, 30, 35, 50, and 60 as follows:
5 (750 ILCS 16/7)
6 Sec. 7. Prosecutions by Attorney General. In addition
7 to enforcement proceedings by the several State's Attorneys,
8 a proceeding for the enforcement of this Act may be
9 instituted and prosecuted by the Attorney General in cases
10 referred by the Illinois Department of Public Aid involving
11 persons receiving child and spouse support services under the
12 Attorney General Act Article X of the Illinois Public Aid
13 Code. Before instituting referring a case to the Attorney
14 General for enforcement under this Act, the Attorney General
15 Department of Public Aid shall notify the person receiving
16 child and spouse support services under the Attorney General
17 Act Article X of the Illinois Public Aid Code of the Attorney
18 General's Department's intent to prosecute refer the case to
19 the Attorney General under this Section for prosecution.
20 (Source: P.A. 91-613, eff. 10-1-99.)
21 (750 ILCS 16/20)
22 Sec. 20. Entry of order for support; income withholding.
23 (a) In a case in which no court or administrative order
24 for support is in effect against the defendant:
25 (1) at any time before the trial, upon motion of the
26 State's Attorney, or of the Attorney General if the
27 action has been instituted by his office, and upon notice
28 to the defendant, or at the time of arraignment or as a
29 condition of postponement of arraignment, the court may
30 enter such temporary order for support as may seem just,
31 providing for the support or maintenance of the spouse or
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1 child or children of the defendant, or both, pendente
2 lite; or
3 (2) before trial with the consent of the defendant,
4 or at the trial on entry of a plea of guilty, or after
5 conviction, instead of imposing the penalty provided in
6 this Act, or in addition thereto, the court may enter an
7 order for support, subject to modification by the court
8 from time to time as circumstances may require, directing
9 the defendant to pay a certain sum for maintenance of the
10 spouse, or for support of the child or children, or both.
11 (b) The court shall determine the amount of child support
12 by using the guidelines and standards set forth in subsection
13 (a) of Section 505 and in Section 505.2 of the Illinois
14 Marriage and Dissolution of Marriage Act.
15 (c) The court shall determine the amount of maintenance
16 using the standards set forth in Section 504 of the Illinois
17 Marriage and Dissolution of Marriage Act.
18 (d) The court may, for violation of any order under this
19 Section, punish the offender as for a contempt of court, but
20 no pendente lite order shall remain in effect longer than 4
21 months, or after the discharge of any panel of jurors
22 summoned for service thereafter in such court, whichever is
23 sooner.
24 (e) Any order for support entered by the court under this
25 Section shall be deemed to be a series of judgments against
26 the person obligated to pay support under the judgments, each
27 such judgment to be in the amount of each payment or
28 installment of support and each judgment to be deemed entered
29 as of the date the corresponding payment or installment
30 becomes due under the terms of the support order. Each
31 judgment shall have the full force, effect, and attributes of
32 any other judgment of this State, including the ability to be
33 enforced. Each judgment is subject to modification or
34 termination only in accordance with Section 510 of the
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1 Illinois Marriage and Dissolution of Marriage Act. A lien
2 arises by operation of law against the real and personal
3 property of the noncustodial parent for each installment of
4 overdue support owed by the noncustodial parent.
5 (f) An order for support entered under this Section shall
6 include a provision requiring the obligor to report to the
7 obligee and to the clerk of the court within 10 days each
8 time the obligor obtains new employment, and each time the
9 obligor's employment is terminated for any reason. The
10 report shall be in writing and shall, in the case of new
11 employment, include the name and address of the new employer.
12 Failure to report new employment or the termination of
13 current employment, if coupled with nonpayment of support for
14 a period in excess of 60 days, is indirect criminal contempt.
15 For any obligor arrested for failure to report new
16 employment, bond shall be set in the amount of the child
17 support that should have been paid during the period of
18 unreported employment.
19 An order for support entered under this Section shall
20 also include a provision requiring the obligor and obligee
21 parents to advise each other of a change in residence within
22 5 days of the change except when the court finds that the
23 physical, mental, or emotional health of a party or of a
24 minor child, or both, would be seriously endangered by
25 disclosure of the party's address.
26 (g) An order for support entered or modified in a case in
27 which a party is receiving child and spouse support services
28 under the Attorney General Act Article X of the Illinois
29 Public Aid Code shall include a provision requiring the
30 noncustodial parent to notify the Attorney General Illinois
31 Department of Public Aid, within 7 days, of the name and
32 address of any new employer of the noncustodial parent,
33 whether the noncustodial parent has access to health
34 insurance coverage through the employer or other group
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1 coverage and, if so, the policy name and number and the names
2 of persons covered under the policy.
3 (h) In any subsequent action to enforce an order for
4 support entered under this Act, upon sufficient showing that
5 diligent effort has been made to ascertain the location of
6 the noncustodial parent, service of process or provision of
7 notice necessary in that action may be made at the last known
8 address of the noncustodial parent, in any manner expressly
9 provided by the Code of Civil Procedure or in this Act, which
10 service shall be sufficient for purposes of due process.
11 (i) An order for support shall include a date on which
12 the current support obligation terminates. The termination
13 date shall be no earlier than the date on which the child
14 covered by the order will attain the age of majority or is
15 otherwise emancipated. The order for support shall state that
16 the termination date does not apply to any arrearage that may
17 remain unpaid on that date. Nothing in this subsection shall
18 be construed to prevent the court from modifying the order.
19 (Source: P.A. 91-613, eff. 10-1-99.)
20 (750 ILCS 16/25)
21 Sec. 25. Payment of support to State Disbursement Unit;
22 clerk of the court.
23 (a) As used in this Section, "order for support",
24 "obligor", "obligee", and "payor" mean those terms as defined
25 in the Income Withholding for Support Act.
26 (b) Each order for support entered or modified under
27 Section 20 of this Act shall require that support payments be
28 made to the State Disbursement Unit established under the
29 Attorney General Act the Illinois Public Aid Code, under the
30 following circumstances:
31 (1) when a party to the order is receiving child
32 and spouse support services under the Attorney General
33 Act Article X of the Illinois Public Aid Code; or
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1 (2) when no party to the order is receiving child
2 and spouse support services, but the support payments are
3 made through income withholding.
4 (c) When no party to the order is receiving child and
5 spouse support services, and payments are not being made
6 through income withholding, the court shall order the obligor
7 to make support payments to the clerk of the court.
8 (d) In the case of an order for support entered by the
9 court under this Act before a party commenced receipt of
10 child and spouse support services, upon receipt of these
11 services by a party the Attorney General Illinois Department
12 of Public Aid shall provide notice to the obligor to send any
13 support payments he or she makes personally to the State
14 Disbursement Unit until further direction of the Attorney
15 General Department. The Attorney General Department shall
16 provide a copy of the notice to the obligee and to the clerk
17 of the court.
18 (e) If a State Disbursement Unit as specified by federal
19 law has not been created in Illinois upon the effective date
20 of this Act, then, until the creation of a State Disbursement
21 Unit as specified by federal law, the following provisions
22 regarding payment and disbursement of support payments shall
23 control and the provisions in subsections (a), (b), (c), and
24 (d) shall be inoperative. Upon the creation of a State
25 Disbursement Unit as specified by federal law, this
26 subsection (e) shall be inoperative and the payment and
27 disbursement provisions of subsections (a), (b), (c), and (d)
28 shall control.
29 (1) In cases in which an order for support is
30 entered under Section 20 of this Act, the court shall
31 order that maintenance and support payments be made to
32 the clerk of the court for remittance to the person or
33 agency entitled to receive the payments. However, the
34 court in its discretion may direct otherwise where
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1 exceptional circumstances so warrant.
2 (2) The court shall direct that support payments be
3 sent by the clerk to (i) the Attorney General Illinois
4 Department of Public Aid if the person in whose behalf
5 payments are made is receiving aid under Articles III,
6 IV, or V of the Illinois Public Aid Code, or child and
7 spouse support services under the Attorney General Act
8 Article X of the Code, or (ii) to the local governmental
9 unit responsible for the support of the person if he or
10 she is a recipient under Article VI of the Code. In
11 accordance with federal law and regulations, the Attorney
12 General Illinois Department of Public Aid may continue to
13 collect current maintenance payments or child support
14 payments, or both, after those persons cease to receive
15 public assistance and until termination of services under
16 the Attorney General Act Article X of the Illinois Public
17 Aid Code. The Attorney General Illinois Department shall
18 pay the net amount collected to those persons after
19 deducting any costs incurred in making the collection or
20 any collection fee from the amount of any recovery made.
21 The order shall permit the Attorney General Illinois
22 Department of Public Aid or the local governmental unit,
23 as the case may be, to direct that support payments be
24 made directly to the spouse, children, or both, or to
25 some person or agency in their behalf, upon removal of
26 the spouse or children from the public aid rolls or upon
27 termination of services under the Attorney General Act
28 Article X of the Illinois Public Aid Code; and upon such
29 direction, the Attorney General Illinois Department or
30 the local governmental unit, as the case requires, shall
31 give notice of such action to the court in writing or by
32 electronic transmission.
33 (3) The clerk of the court shall establish and
34 maintain current records of all moneys received and
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1 disbursed and of delinquencies and defaults in required
2 payments. The court, by order or rule, shall make
3 provision for the carrying out of these duties.
4 (4) Upon notification in writing or by electronic
5 transmission from the Attorney General Illinois
6 Department of Public Aid to the clerk of the court that a
7 person who is receiving support payments under this
8 Section is receiving services under the Child Support
9 Enforcement Program established by Title IV-D of the
10 Social Security Act, any support payments subsequently
11 received by the clerk of the court shall be transmitted
12 in accordance with the instructions of the Attorney
13 General Illinois Department of Public Aid until the
14 Attorney General Department gives notice to the clerk of
15 the court to cease the transmittal. After providing the
16 notification authorized under this paragraph, the
17 Attorney General Illinois Department of Public Aid shall
18 be a party and entitled to notice of any further
19 proceedings in the case. The clerk of the court shall
20 file a copy of the Attorney General's Illinois Department
21 of Public Aid's notification in the court file. The
22 failure of the clerk to file a copy of the notification
23 in the court file shall not, however, affect the Attorney
24 General's Illinois Department of Public Aid's rights as a
25 party or its right to receive notice of further
26 proceedings.
27 (5) Payments under this Section to the Attorney
28 General Illinois Department of Public Aid pursuant to the
29 Child Support Enforcement Program established by Title
30 IV-D of the Social Security Act shall be paid into the
31 Child Support Enforcement Trust Fund. All other payments
32 under this Section to the Illinois Department of Public
33 Aid shall be deposited in the Public Assistance
34 Recoveries Trust Fund. Disbursements from these funds
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1 shall be as provided in the Illinois Public Aid Code.
2 Payments received by a local governmental unit shall be
3 deposited in that unit's General Assistance Fund.
4 (6) For those cases in which child support is
5 payable to the clerk of the circuit court for transmittal
6 to the Attorney General Illinois Department of Public
7 Aid by order of court or upon notification by the
8 Attorney General Illinois Department of Public Aid, the
9 clerk shall transmit all such payments, within 4 working
10 days of receipt, to ensure insure that funds are
11 available for immediate distribution by the Attorney
12 General Department to the person or entity entitled
13 thereto in accordance with standards of the Child Support
14 Enforcement Program established under Title IV-D of the
15 Social Security Act. The clerk shall notify the Attorney
16 General Department of the date of receipt and amount
17 thereof at the time of transmittal. Where the clerk has
18 entered into an agreement of cooperation with the
19 Attorney General Department to record the terms of child
20 support orders and payments made thereunder directly into
21 the Attorney General's Department's automated data
22 processing system, the clerk shall account for, transmit
23 and otherwise distribute child support payments in
24 accordance with such agreement in lieu of the
25 requirements contained herein.
26 (Source: P.A. 91-613, eff. 10-1-99.)
27 (750 ILCS 16/30)
28 Sec. 30. Information to State Case Registry.
29 (a) When an order for support is entered or modified
30 under Section 20 of this Act, the clerk of the court shall,
31 within 5 business days, provide to the State Case Registry
32 established under the Attorney General Act Section 10-27 of
33 the Illinois Public Aid Code the court docket number and
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1 county in which the order is entered or modified and the
2 following information, which the parents involved in the case
3 shall disclose to the court:
4 (1) the names of the custodial and noncustodial
5 parents and of the child or children covered by the
6 order;
7 (2) the dates of birth of the custodial and
8 noncustodial parents and of the child or children covered
9 by the order;
10 (3) the social security numbers of the custodial and
11 noncustodial parents and, if available, of the child or
12 children covered by the order;
13 (4) the residential and mailing address for the
14 custodial and noncustodial parents;
15 (5) the telephone numbers for the custodial and
16 noncustodial parents;
17 (6) the driver's license numbers for the custodial
18 and noncustodial parents; and
19 (7) the name, address, and telephone number of each
20 parent's employer or employers.
21 (b) When an order for support is entered or modified
22 under Section 20 in a case in which a party is receiving
23 child support services under the Attorney General Act Article
24 X of the Illinois Public Aid Code, the clerk shall provide
25 the State Case Registry with the following information within
26 5 business days:
27 (1) the information specified in subsection (a);
28 (2) the amount of monthly or other periodic support
29 owed under the order and other amounts, including
30 arrearages, interest, or late payment penalties and fees,
31 due or overdue under the order;
32 (3) any amounts described in subdivision (2) of
33 this subsection (b) that have been received by the clerk;
34 and
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1 (4) the distribution of the amounts received by the
2 clerk.
3 (c) A party shall report to the clerk of the circuit
4 court changes in information required to be disclosed under
5 this Section within 5 business days of the change. The clerk
6 shall report such changes in information to the State Case
7 Registry within 5 business days of receipt of the
8 information.
9 (d) To the extent that updated information is in the
10 clerk's possession, the clerk shall provide updates of the
11 information specified in subsection (b) within 5 business
12 days after the Attorney General's Illinois Department of
13 Public Aid's request for that updated information.
14 (Source: P.A. 91-613, eff. 10-1-99.)
15 (750 ILCS 16/35)
16 Sec. 35. Fine; release of defendant on probation;
17 violation of order for support; forfeiture of recognizance.
18 (a) Whenever a fine is imposed it may be directed by the
19 court to be paid, in whole or in part, to the spouse,
20 ex-spouse, or if the support of a child or children is
21 involved, to the custodial parent, to the clerk, probation
22 officer, or to the Attorney General Illinois Department of
23 Public Aid if a recipient of child and spouse support
24 services under the Attorney General Act Article X of the
25 Illinois Public Aid Code is involved as the case requires, to
26 be disbursed by such officers or agency under the terms of
27 the order.
28 (b) The court may also relieve the defendant from
29 custody on probation for the period fixed in the order or
30 judgment upon his or her entering into a recognizance, with
31 or without surety, in the sum as the court orders and
32 approves. The condition of the recognizance shall be such
33 that if the defendant makes his or her personal appearance in
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1 court whenever ordered to do so by the court, during such
2 period as may be so fixed, and further complies with the
3 terms of the order for support, or any subsequent
4 modification of the order, then the recognizance shall be
5 void; otherwise it will remain in full force and effect.
6 (c) If the court is satisfied by testimony in open
7 court, that at any time during the period of one year the
8 defendant has violated the terms of the order for support, it
9 may proceed with the trial of the defendant under the
10 original charge, or sentence him or her under the original
11 conviction, or enforce the suspended sentence, as the case
12 may be. In case of forfeiture of recognizance, and
13 enforcement of recognizance by execution, the sum so
14 recovered may, in the discretion of the court, be paid, in
15 whole or in part, to the spouse, ex-spouse, or if the support
16 of a child or children is involved, to the custodial parent,
17 to the clerk, or to the Attorney General Illinois Department
18 of Public Aid if a recipient of child and spouse support
19 services under the Attorney General Act Article X of the
20 Illinois Public Aid Code is involved as the case requires, to
21 be disbursed by the clerk or the Attorney General Department
22 under the terms of the order.
23 (Source: P.A. 91-613, eff. 10-1-99.)
24 (750 ILCS 16/50)
25 Sec. 50. Community service; work alternative program.
26 (a) In addition to any other penalties imposed against an
27 offender under this Act, the court may order the offender to
28 perform community service for not less than 30 and not more
29 than 120 hours per month, if community service is available
30 in the jurisdiction and is funded and approved by the county
31 board of the county where the offense was committed. In
32 addition, whenever any person is placed on supervision for
33 committing an offense under this Act, the supervision shall
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1 be conditioned on the performance of the community service.
2 (b) In addition to any other penalties imposed against an
3 offender under this Act, the court may sentence the offender
4 to service in a work alternative program administered by the
5 sheriff. The conditions of the program are that the offender
6 obtain or retain employment and participate in a work
7 alternative program administered by the sheriff during
8 non-working hours. A person may not be required to
9 participate in a work alternative program under this
10 subsection if the person is currently participating in a work
11 program pursuant to another provision of this Act, the
12 Attorney General Act Section 10-11.1 of the Illinois Public
13 Aid Code, Section 505.1 of the Illinois Marriage and
14 Dissolution of Marriage Act, or Section 15.1 of the Illinois
15 Parentage Act of 1984.
16 (c) In addition to any other penalties imposed against
17 an offender under this Act, the court may order, in cases
18 where the offender has been in violation of this Act for 90
19 days or more, that the offender's Illinois driving privileges
20 be suspended until the court determines that the offender is
21 in compliance with this Act.
22 The court may determine that the offender is in
23 compliance with this Act if the offender has agreed (i) to
24 pay all required amounts of support and maintenance as
25 determined by the court or (ii) to the garnishment of his or
26 her income for the purpose of paying those amounts.
27 The court may also order that the offender be issued a
28 family financial responsibility driving permit that would
29 allow limited driving privileges for employment and medical
30 purposes in accordance with Section 7-702.1 of the Illinois
31 Vehicle Code. The clerk of the circuit court shall certify
32 the order suspending the driving privileges of the offender
33 or granting the issuance of a family financial responsibility
34 driving permit to the Secretary of State on forms prescribed
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1 by the Secretary. Upon receipt of the authenticated
2 documents, the Secretary of State shall suspend the
3 offender's driving privileges until further order of the
4 court and shall, if ordered by the court, subject to the
5 provisions of Section 7-702.1 of the Illinois Vehicle Code,
6 issue a family financial responsibility driving permit to the
7 offender.
8 (d) If the court determines that the offender has been
9 in violation of this Act for more than 60 days, the court may
10 determine whether the offender has applied for or been issued
11 a professional license by the Department of Professional
12 Regulation or another licensing agency. If the court
13 determines that the offender has applied for or been issued
14 such a license, the court may certify to the Department of
15 Professional Regulation or other licensing agency that the
16 offender has been in violation of this Act for more than 60
17 days so that the Department or other agency may take
18 appropriate steps with respect to the license or application
19 as provided in Section 10-65 of the Illinois Administrative
20 Procedure Act and Section 60 of the Civil Administrative Code
21 of Illinois. The court may take the actions required under
22 this subsection in addition to imposing any other penalty
23 authorized under this Act.
24 (Source: P.A. 91-613, eff. 10-1-99.)
25 (750 ILCS 16/60)
26 Sec. 60. Unemployed persons owing duty of support.
27 (a) Whenever it is determined in a proceeding to
28 establish or enforce a child support or maintenance
29 obligation that the person owing a duty of support is
30 unemployed, the court may order the person to seek employment
31 and report periodically to the court with a diary, listing or
32 other memorandum of his or her efforts in accordance with
33 such order. Additionally, the court may order the unemployed
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1 person to report to the Department of Employment Security for
2 job search services or to make application with the local
3 Jobs Training Partnership Act provider for participation in
4 job search, training, or work programs and where the duty of
5 support is owed to a child receiving support services under
6 the Attorney General Act Article X of the Illinois Public Aid
7 Code the court may order the unemployed person to report to
8 the Illinois Department of Human Services Public Aid for
9 participation in job search, training, or work programs
10 established under Section 9-6 and Article IXA of that Code.
11 (b) Whenever it is determined that a person owes past
12 due support for a child or for a child and the parent with
13 whom the child is living, and the child is receiving
14 assistance under the Illinois Public Aid Code, the court
15 shall order at the request of the Attorney General Illinois
16 Department of Public Aid:
17 (1) that the person pay the past-due support in
18 accordance with a plan approved by the court; or
19 (2) if the person owing past-due support is
20 unemployed, is subject to such a plan, and is not
21 incapacitated, that the person participate in such job
22 search, training, or work programs established under
23 Section 9-6 and Article IXA of the Illinois Public Aid
24 Code as the court deems appropriate.
25 (Source: P.A. 91-613, eff. 10-1-99.)
26 Section 60. The Uniform Interstate Family Support Act is
27 amended by changing Sections 101, 102, 310, and 320 as
28 follows:
29 (750 ILCS 22/101)
30 Sec. 101. Definitions. In this Act:
31 "Child" means an individual, whether over or under the
32 age of 18, who is or is alleged to be owed a duty of support
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1 by the individual's parent or who is or is alleged to be the
2 beneficiary of a support order directed to the parent.
3 "Child-support order" means a support order for a child,
4 including a child who has attained the age of 18.
5 "Duty of support" means an obligation imposed or
6 imposable by law to provide support for a child, spouse, or
7 former spouse including an unsatisfied obligation to provide
8 support.
9 "Home state" means the state in which a child lived with
10 a parent or a person acting as parent for at least 6
11 consecutive months immediately preceding the time of filing
12 of a petition or comparable pleading for support, and if a
13 child is less than 6 months old, the state in which the child
14 lived from birth with any of them. A period of temporary
15 absence of any of them is counted as part of the 6-month or
16 other period.
17 "Income" includes earnings or other periodic entitlements
18 to money from any source and any other property subject to
19 withholding for support under the law of this State.
20 "Income-withholding order" means an order or other legal
21 process directed to an obligor's employer or other debtor, as
22 defined by the Income Withholding for Support Act Illinois
23 Marriage and Dissolution of Marriage Act, the Non-Support of
24 Spouse and Children Act, the Non-Support Punishment Act, the
25 Illinois Public Aid Code, and the Illinois Parentage Act of
26 1984, to withhold support from the income of the obligor.
27 "Initiating state" means a state from which a proceeding
28 is forwarded or in which a proceeding is filed for forwarding
29 to a responding state under this Act or a law or procedure
30 substantially similar to this Act.
31 "Initiating tribunal" means the authorized tribunal in an
32 initiating state.
33 "Issuing state" means the state in which a tribunal
34 issues a support order or renders a judgment determining
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1 parentage.
2 "Issuing tribunal" means the tribunal that issues a
3 support order or renders a judgment determining parentage.
4 "Obligee" means:
5 (i) an individual to whom a duty of support is or
6 is alleged to be owed or in whose favor a support order
7 has been issued or a judgment determining parentage has
8 been rendered;
9 (ii) a state or political subdivision to which the
10 rights under a duty of support or support order have been
11 assigned or which has independent claims based on
12 financial assistance provided to an individual obligee;
13 or
14 (iii) an individual seeking a judgment determining
15 parentage of the individual's child.
16 "Obligor" means an individual, or the estate of a
17 decedent: (i) who owes or is alleged to owe a duty of
18 support; (ii) who is alleged but has not been adjudicated to
19 be a parent of a child; or (iii) who is liable under a
20 support order.
21 "Register" means to record a support order or judgment
22 determining parentage in the appropriate Registry of Foreign
23 Support Orders.
24 "Registering tribunal" means a tribunal in which a
25 support order is registered.
26 "Responding state" means a state in which a proceeding is
27 filed or to which a proceeding is forwarded for filing from
28 an initiating state under this Act or a law or procedure
29 substantially similar to this Act.
30 "Responding tribunal" means the authorized tribunal in a
31 responding state.
32 "Spousal-support order" means a support order for a
33 spouse or former spouse of the obligor.
34 "State" means a state of the United States, the District
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1 of Columbia, Puerto Rico, the United States Virgin Islands,
2 or any territory or insular possession subject to the
3 jurisdiction of the United States. The term includes:
4 (i) an Indian tribe; and
5 (ii) a foreign jurisdiction that has enacted a law
6 or established procedures for issuance and enforcement of
7 support orders which are substantially similar to the
8 procedures under this Act, the Uniform Reciprocal
9 Enforcement of Support Act, or the Revised Uniform
10 Reciprocal Enforcement of Support Act.
11 "Support enforcement agency" means a public official or
12 agency authorized to seek:
13 (1) enforcement of support orders or laws relating
14 to the duty of support;
15 (2) establishment or modification of child support;
16 (3) determination of parentage; or
17 (4) to locate obligors or their assets.
18 "Support order" means a judgment, decree, or order,
19 whether temporary, final, or subject to modification, for the
20 benefit of a child, a spouse, or a former spouse, which
21 provides for monetary support, health care, arrearages, or
22 reimbursement, and may include related costs and fees,
23 interest, income withholding, attorney's fees, and other
24 relief.
25 "Tribunal" means a court, administrative agency, or
26 quasi-judicial entity authorized to establish, enforce, or
27 modify support orders or to determine parentage.
28 (Source: P.A. 90-240, eff. 7-28-97; 91-613, eff. 10-1-99.)
29 (750 ILCS 22/102)
30 Sec. 102. Tribunal of State. The circuit court is a
31 tribunal of this State. The Illinois Department of Public Aid
32 is an initiating tribunal. The Illinois Department of Public
33 Aid is also a responding tribunal of this State to the extent
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1 that it can administratively establish paternity and
2 establish, modify, and enforce an administrative
3 child-support order under authority of Article X of the
4 Illinois Public Aid Code. The Attorney General is an
5 initiating tribunal. The Attorney General is also a
6 responding tribunal of this State to the extent that it can
7 administratively establish paternity and establish, modify,
8 and enforce an administrative child support order under the
9 authority of the Attorney General Act.
10 (Source: P.A. 90-240, eff. 7-28-97.)
11 (750 ILCS 22/310)
12 Sec. 310. Duties of the State information agency
13 Illinois Department of Public Aid.
14 (a) Before the effective date of this amendatory Act of
15 the 91st General Assembly, the Illinois Department of Public
16 Aid is the state information agency under this Act. On and
17 after the effective date of this amendatory Act of the 91st
18 General Assembly, the Attorney General is the state
19 information agency under this Act.
20 (b) The state information agency shall:
21 (1) compile and maintain a current list, including
22 addresses, of the tribunals in this State which have
23 jurisdiction under this Act and any support enforcement
24 agencies in this State and transmit a copy to the state
25 information agency of every other state;
26 (2) maintain a register of tribunals and support
27 enforcement agencies received from other states;
28 (3) forward to the appropriate tribunal in the
29 place in this State in which the individual obligee or
30 the obligor resides, or in which the obligor's property
31 is believed to be located, all documents concerning a
32 proceeding under this Act received from an initiating
33 tribunal or the state information agency of the
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1 initiating state; and
2 (4) obtain information concerning the location of
3 the obligor and the obligor's property within this State
4 not exempt from execution, by such means as postal
5 verification and federal or state locator services,
6 examination of telephone directories, requests for the
7 obligor's address from employers, and examination of
8 governmental records, including, to the extent not
9 prohibited by other law, those relating to real property,
10 vital statistics, law enforcement, taxation, motor
11 vehicles, driver's licenses, and social security.
12 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
13 by P.A. 88-691.)
14 (750 ILCS 22/320)
15 Sec. 320. Payment of Support to State Disbursement Unit.
16 (a) As used in this Section:
17 "Order for support", "obligor", "obligee", and "payor"
18 mean those terms as defined in the Income Withholding for
19 Support Act, except that "order for support" means an order
20 entered by any tribunal of this State but shall not mean
21 orders providing for spousal maintenance under which there is
22 no child support obligation.
23 (b) Notwithstanding any other provision of this Act to
24 the contrary, each order for support entered or modified on
25 or after October 1, 1999 shall require that support payments
26 be made to the State Disbursement Unit established under the
27 Attorney General Act Section 10-26 of the Illinois Public Aid
28 Code if:
29 (1) a party to the order is receiving child and
30 spouse support services under the Attorney General Act
31 Article X of the Illinois Public Aid Code; or
32 (2) no party to the order is receiving child and
33 spouse support services, but the support payments are
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1 made through income withholding.
2 (c) Support payments shall be made to the State
3 Disbursement Unit if:
4 (1) the order for support was entered before
5 October 1, 1999, and a party to the order is receiving
6 child and spouse support services under the Attorney
7 General Act Article X of the Illinois Public Aid Code; or
8 (2) no party to the order is receiving child and
9 spouse support services, and the support payments are
10 being made through income withholding.
11 (c-5) If no party to the order is receiving child and
12 spouse support services under the Attorney General Act
13 Article X of the Illinois Public Aid Code, and the support
14 payments are not made through income withholding, then
15 support payments shall be made as directed by the order for
16 support.
17 (c-10) (Blank). Within 15 days after the effective date
18 of this amendatory Act of the 91st General Assembly, the
19 Illinois Department shall provide written notice to the clerk
20 of the circuit court, the obligor, and, where applicable, the
21 obligor's payor to make payments to the State Disbursement
22 Unit if:
23 (1) the order for support was entered before
24 October 1, 1999, and a party to the order is receiving
25 child and spouse support services under Article X of the
26 Illinois Public Aid Code; or
27 (2) no party to the order is receiving child and
28 spouse support services, and the support payments are
29 being made through income withholding.
30 (c-15) (Blank). Within 15 days after the effective date
31 of this amendatory Act of the 91st General Assembly, the
32 clerk of the circuit court shall provide written notice to
33 the obligor to make payments directly to the clerk of the
34 circuit court if no party to the order is receiving child and
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1 spouse support services under Article X of the Illinois
2 Public Aid Code, the support payments are not made through
3 income withholding, and the order for support requires
4 support payments to be made directly to the clerk of the
5 circuit court.
6 (c-20) If the State Disbursement Unit receives a support
7 payment that was not appropriately made to the Unit under
8 this Section, the Unit shall immediately return the payment
9 to the sender, including, if possible, instructions detailing
10 where to send the support payments.
11 (d) (Blank). The notices required under subsections
12 (c-10) and (c-15) may be sent by ordinary mail, certified
13 mail, return receipt requested, facsimile transmission, or
14 other electronic process, or may be served upon the obligor
15 or payor using any method provided by law for service of a
16 summons. The Illinois Department of Public Aid shall provide
17 a copy of the notice to the obligee and to the clerk of the
18 court.
19 (Source: P.A. 91-677, eff. 1-5-00.)
20 Section 70. The Expedited Child Support Act of 1990 is
21 amended by changing Section 5 as follows:
22 (750 ILCS 25/5) (from Ch. 40, par. 2705)
23 Sec. 5. Actions subject to Expedited Child Support
24 Hearings.
25 (a) The Chief Judge of each Judicial Circuit that
26 establishes a System shall delegate to the Administrative
27 Hearing Officer the authority to hear the following actions:
28 (1) Petitions for child support and for medical
29 support, pursuant to Section 505.2 of the Illinois
30 Marriage and Dissolution of Marriage Act, for
31 post-judgment dissolution of marriage and post-judgment
32 parentage actions where child support or medical support
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1 was reserved or could not be ordered at the time of entry
2 of the judgment because the court lacked personal
3 jurisdiction over the obligor.
4 (2) Petitions for modification of child support and
5 medical support in post-judgment dissolution of marriage
6 and post-judgment parentage actions.
7 (3) Parentage actions, including the establishment
8 of child support orders after parentage has been
9 acknowledged.
10 (4) Actions for the enforcement of any existing
11 order for child support or medical support in
12 post-judgment dissolution of marriage and post-judgment
13 parentage actions.
14 (5) Actions for the establishment of child support
15 and medical support orders involving parties who are
16 married and living separately, pursuant to Section 402 of
17 the Marriage and Dissolution of Marriage Act.
18 (6) Temporary orders for support in any action in
19 which the custodial parent is a participant in the IV-D
20 program.
21 (7) Any other child support matter provided for in
22 the Plan for the creation of the System approved by the
23 Illinois Supreme Court.
24 (8) Actions brought pursuant to Article X of the
25 Illinois Public Aid Code.
26 (9) Actions brought pursuant to Sections 7.1
27 through 7.295 of the Attorney General Act.
28 (b) Notwithstanding the provisions of subsection (a) of
29 this Section, if the custodial parent is not a participant in
30 the IV-D program and maintenance is in issue, the case shall
31 be presented directly to the court.
32 (c) Except as provided in subsection (b), the Plan may
33 provide that the System be available in pre-judgment
34 proceedings for dissolution of marriage, declaration of
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1 invalidity of marriage and legal separation.
2 (Source: P.A. 86-1401.)
3 Section 72. The Income Withholding for Support Act is
4 amended by changing Sections 15, 35, and 45 as follows:
5 (750 ILCS 28/15)
6 Sec. 15. Definitions.
7 (a) "Order for support" means any order of the court
8 which provides for periodic payment of funds for the support
9 of a child or maintenance of a spouse, whether temporary or
10 final, and includes any such order which provides for:
11 (1) modification or resumption of, or payment of
12 arrearage accrued under, a previously existing order;
13 (2) reimbursement of support;
14 (3) payment or reimbursement of the expenses of
15 pregnancy and delivery (for orders for support entered
16 under the Illinois Parentage Act of 1984 or its
17 predecessor the Paternity Act); or
18 (4) enrollment in a health insurance plan that is
19 available to the obligor through an employer or labor
20 union or trade union.
21 (b) "Arrearage" means the total amount of unpaid support
22 obligations as determined by the court and incorporated into
23 an order for support.
24 (b-5) "Business day" means a day on which State offices
25 are open for regular business.
26 (c) "Delinquency" means any payment under an order for
27 support which becomes due and remains unpaid after entry of
28 the order for support.
29 (d) "Income" means any form of periodic payment to an
30 individual, regardless of source, including, but not limited
31 to: wages, salary, commission, compensation as an independent
32 contractor, workers' compensation, disability, annuity,
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1 pension, and retirement benefits, lottery prize awards,
2 insurance proceeds, vacation pay, bonuses, profit-sharing
3 payments, interest, and any other payments, made by any
4 person, private entity, federal or state government, any unit
5 of local government, school district or any entity created by
6 Public Act; however, "income" excludes:
7 (1) any amounts required by law to be withheld,
8 other than creditor claims, including, but not limited
9 to, federal, State and local taxes, Social Security and
10 other retirement and disability contributions;
11 (2) union dues;
12 (3) any amounts exempted by the federal Consumer
13 Credit Protection Act;
14 (4) public assistance payments; and
15 (5) unemployment insurance benefits except as
16 provided by law.
17 Any other State or local laws which limit or exempt
18 income or the amount or percentage of income that can be
19 withheld shall not apply.
20 (e) "Obligor" means the individual who owes a duty to
21 make payments under an order for support.
22 (f) "Obligee" means the individual to whom a duty of
23 support is owed or the individual's legal representative.
24 (g) "Payor" means any payor of income to an obligor.
25 (h) "Public office" means any elected official or any
26 State or local agency which is or may become responsible by
27 law for enforcement of, or which is or may become authorized
28 to enforce, an order for support, including, but not limited
29 to: the Attorney General, the Illinois Department of Public
30 Aid, the Illinois Department of Human Services, the Illinois
31 Department of Children and Family Services, and the various
32 State's Attorneys, Clerks of the Circuit Court and
33 supervisors of general assistance.
34 (i) "Premium" means the dollar amount for which the
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1 obligor is liable to his employer or labor union or trade
2 union and which must be paid to enroll or maintain a child in
3 a health insurance plan that is available to the obligor
4 through an employer or labor union or trade union.
5 (j) "State Disbursement Unit" means the unit established
6 to collect and disburse support payments in accordance with
7 the provisions of the Attorney General Act Section 10-26 of
8 the Illinois Public Aid Code.
9 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
10 eff. 8-14-98; 91-212, eff. 7-20-99; 91-357, eff. 7-29-99.)
11 (750 ILCS 28/35)
12 Sec. 35. Duties of payor.
13 (a) It shall be the duty of any payor who has been
14 served with an income withholding notice to deduct and pay
15 over income as provided in this Section. The payor shall
16 deduct the amount designated in the income withholding
17 notice, as supplemented by any notice provided pursuant to
18 subsection (f) of Section 45, beginning no later than the
19 next payment of income which is payable or creditable to the
20 obligor that occurs 14 days following the date the income
21 withholding notice was mailed, sent by facsimile or other
22 electronic means, or placed for personal delivery to or
23 service on the payor. The payor may combine all amounts
24 withheld for the benefit of an obligee or public office into
25 a single payment and transmit the payment with a listing of
26 obligors from whom withholding has been effected. The payor
27 shall pay the amount withheld to the State Disbursement Unit
28 within 7 business days after the date the amount would (but
29 for the duty to withhold income) have been paid or credited
30 to the obligor. If the payor knowingly fails to pay any
31 amount withheld to the State Disbursement Unit within 7
32 business days after the date the amount would have been paid
33 or credited to the obligor, the payor shall pay a penalty of
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1 $100 for each day that the withheld amount is not paid to the
2 State Disbursement Unit after the period of 7 business days
3 has expired. The failure of a payor, on more than one
4 occasion, to pay amounts withheld to the State Disbursement
5 Unit within 7 business days after the date the amount would
6 have been paid or credited to the obligor creates a
7 presumption that the payor knowingly failed to pay over the
8 amounts. This penalty, along with any amount required to be
9 withheld and paid, may be collected in a civil action which
10 may be brought against the payor in favor of the obligee or
11 public office. A finding of a payor's nonperformance within
12 the time required under this Act must be documented by a
13 certified mail return receipt showing the date the income
14 withholding notice was served on the payor. For purposes of
15 this Act, a withheld amount shall be considered paid by a
16 payor on the date it is mailed by the payor, or on the date
17 an electronic funds transfer of the amount has been initiated
18 by the payor, or on the date delivery of the amount has been
19 initiated by the payor. For each deduction, the payor shall
20 provide the State Disbursement Unit, at the time of
21 transmittal, with the date the amount would (but for the duty
22 to withhold income) have been paid or credited to the
23 obligor. The payor shall not be required to vary the normal
24 pay and disbursement cycles in order to comply with this
25 paragraph.
26 After June 30, 2000, every payor that has 250 or more
27 employees shall use electronic funds transfer to pay all
28 amounts withheld under this Section. During the year 2001
29 and during each year thereafter, every payor that has fewer
30 than 250 employees and that withheld income under this
31 Section pursuant to 10 or more income withholding notices
32 during December of the preceding year shall use electronic
33 funds transfer to pay all amounts withheld under this
34 Section.
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1 Upon receipt of an income withholding notice requiring
2 that a minor child be named as a beneficiary of a health
3 insurance plan available through an employer or labor union
4 or trade union, the employer or labor union or trade union
5 shall immediately enroll the minor child as a beneficiary in
6 the health insurance plan designated by the income
7 withholding notice. The employer shall withhold any required
8 premiums and pay over any amounts so withheld and any
9 additional amounts the employer pays to the insurance carrier
10 in a timely manner. The employer or labor union or trade
11 union shall mail to the obligee, within 15 days of enrollment
12 or upon request, notice of the date of coverage, information
13 on the dependent coverage plan, and all forms necessary to
14 obtain reimbursement for covered health expenses, such as
15 would be made available to a new employee. When an order for
16 dependent coverage is in effect and the insurance coverage is
17 terminated or changed for any reason, the employer or labor
18 union or trade union shall notify the obligee within 10 days
19 of the termination or change date along with notice of
20 conversion privileges.
21 For withholding of income, the payor shall be entitled to
22 receive a fee not to exceed $5 per month to be taken from the
23 income to be paid to the obligor.
24 (b) Whenever the obligor is no longer receiving income
25 from the payor, the payor shall return a copy of the income
26 withholding notice to the obligee or public office and shall
27 provide information for the purpose of enforcing this Act.
28 (c) Withholding of income under this Act shall be made
29 without regard to any prior or subsequent garnishments,
30 attachments, wage assignments, or any other claims of
31 creditors. Withholding of income under this Act shall not be
32 in excess of the maximum amounts permitted under the federal
33 Consumer Credit Protection Act. If the payor has been served
34 with more than one income withholding notice pertaining to
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1 the same obligor, the payor shall allocate income available
2 for withholding on a proportionate share basis, giving
3 priority to current support payments. If there is any income
4 available for withholding after withholding for all current
5 support obligations, the payor shall allocate the income to
6 past due support payments ordered in cases in which cash
7 assistance under the Illinois Public Aid Code is not being
8 provided to the obligee and then to past due support payments
9 ordered in cases in which cash assistance under the Illinois
10 Public Aid Code is being provided to the obligee, both on a
11 proportionate share basis. A payor who complies with an
12 income withholding notice that is regular on its face shall
13 not be subject to civil liability with respect to any
14 individual, any agency, or any creditor of the obligor for
15 conduct in compliance with the notice.
16 (d) No payor shall discharge, discipline, refuse to hire
17 or otherwise penalize any obligor because of the duty to
18 withhold income.
19 (Source: P.A. 90-673, eff. 1-1-99; 91-212, eff. 7-20-99;
20 91-677, eff. 1-5-00.)
21 (750 ILCS 28/45)
22 Sec. 45. Additional duties.
23 (a) An obligee who is receiving income withholding
24 payments under this Act shall notify the State Disbursement
25 Unit and the Clerk of the Circuit Court of any change of
26 address within 7 days of such change.
27 (b) An obligee who is a recipient of public aid shall
28 send a copy of any income withholding notice served by the
29 obligee to the Attorney General Division of Child Support
30 Enforcement of the Illinois Department of Public Aid.
31 (c) Each obligor shall notify the obligee, the public
32 office, and the Clerk of the Circuit Court of any change of
33 address within 7 days.
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1 (d) An obligor whose income is being withheld pursuant
2 to this Act shall notify the obligee, the public office, and
3 the Clerk of the Circuit Court of any new payor, within 7
4 days.
5 (e) (Blank.)
6 (f) The obligee or public office shall provide notice to
7 the payor and Clerk of the Circuit Court of any other support
8 payment made, including but not limited to, a set-off under
9 federal and State law or partial payment of the delinquency
10 or arrearage, or both.
11 (g) The State Disbursement Unit shall maintain complete,
12 accurate, and clear records of all income withholding
13 payments and their disbursements. Certified copies of
14 payment records maintained by the State Disbursement Unit, a
15 public office, or the Clerk of the Circuit Court shall,
16 without further proof, be admitted into evidence in any legal
17 proceedings under this Act.
18 (h) The Illinois Department of Public Aid (before the
19 effective date of this amendatory Act of the 91st General
20 Assembly) or the Attorney General (on and after that date)
21 shall design suggested legal forms for proceeding under this
22 Act and shall make available to the courts such forms and
23 informational materials which describe the procedures and
24 remedies set forth herein for distribution to all parties in
25 support actions.
26 (i) At the time of transmitting each support payment,
27 the State Disbursement Unit shall provide the obligee or
28 public office, as appropriate, with any information furnished
29 by the payor as to the date the amount would (but for the
30 duty to withhold income) have been paid or credited to the
31 obligor.
32 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
33 eff. 8-14-98; 91-212, eff. 7-20-99; 91-357, eff. 7-29-99.)
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1 Section 75. The Illinois Parentage Act of 1984 is
2 amended by changing Sections 4.1, 5, 6, 8, 11, 13, 13.1, 14,
3 14.1, 15.1, 21, 21.1, 22, and 23 as follows:
4 (750 ILCS 45/4.1)
5 Sec. 4.1. Administrative paternity determinations.
6 Notwithstanding any other provision of this Act, before the
7 effective date of this amendatory Act of the 91st General
8 Assembly, the Illinois Department of Public Aid may make
9 administrative determinations of paternity and nonpaternity
10 in accordance with Section 10-17.7 of the Illinois Public Aid
11 Code. On and after that date, the Attorney General may make
12 those determinations in accordance with Section 7.210 of the
13 Attorney General Act. These determinations of paternity or
14 nonpaternity shall have the full force and effect of
15 judgments entered under this Act.
16 (Source: P.A. 88-687, eff. 1-24-95.)
17 (750 ILCS 45/5) (from Ch. 40, par. 2505)
18 Sec. 5. Presumption of Paternity.
19 (a) A man is presumed to be the natural father of a
20 child if:
21 (1) he and the child's natural mother are or have
22 been married to each other, even though the marriage is
23 or could be declared invalid, and the child is born or
24 conceived during such marriage;
25 (2) after the child's birth, he and the child's
26 natural mother have married each other, even though the
27 marriage is or could be declared invalid, and he is
28 named, with his written consent, as the child's father on
29 the child's birth certificate;
30 (3) he and the child's natural mother have signed
31 an acknowledgment of paternity before the effective date
32 of this amendatory Act of the 91st General Assembly in
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1 accordance with rules adopted by the Illinois Department
2 of Public Aid under Section 10-17.7 of the Illinois
3 Public Aid Code or have signed such an acknowledgment on
4 or after that date in accordance with rules adopted by
5 the Attorney General under Section 7.210 of the Attorney
6 General Act; or
7 (4) he and the child's natural mother have signed
8 an acknowledgment of parentage or, if the natural father
9 is someone other than one presumed to be the father under
10 this Section, an acknowledgment of parentage and denial
11 of paternity in accordance with Section 12 of the Vital
12 Records Act.
13 (b) A presumption under subdivision (a)(1) or (a)(2) of
14 this Section may be rebutted only by clear and convincing
15 evidence. A presumption under subdivision (a)(3) or (a)(4)
16 is conclusive, unless the acknowledgment of parentage is
17 rescinded under the process provided in Section 12 of the
18 Vital Records Act, upon the earlier of:
19 (1) 60 days after the date the acknowledgment of
20 parentage is signed, or
21 (2) the date of an administrative or judicial
22 proceeding relating to the child (including a proceeding
23 to establish a support order) in which the signatory is a
24 party;
25 except that if a minor has signed the acknowledgment of
26 paternity or acknowledgment of parentage and denial of
27 paternity, the presumption becomes conclusive 6 months after
28 the minor reaches majority or is otherwise emancipated.
29 (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
30 (750 ILCS 45/6) (from Ch. 40, par. 2506)
31 Sec. 6. Establishment of Parent and Child Relationship
32 by Consent of the Parties.
33 (a) A parent and child relationship may be established
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1 voluntarily by the signing and witnessing of a voluntary
2 acknowledgment of parentage in accordance with Section 12 of
3 the Vital Records Act or Section 10-17.7 of the Illinois
4 Public Aid Code or Section 7.210 of the Attorney General Act.
5 The voluntary acknowledgment of parentage shall contain the
6 social security numbers of the persons signing the voluntary
7 acknowledgment of parentage; however, failure to include the
8 social security numbers of the persons signing a voluntary
9 acknowledgment of parentage does not invalidate the voluntary
10 acknowledgment of parentage.
11 (1) A parent-child relationship may be established
12 in the event of surrogacy if all of the following
13 conditions are met prior to the birth of the child:
14 (A) The surrogate mother certifies that she is
15 not the biological mother of the child, and that she
16 is carrying the child of the biological father
17 (sperm donor) and of the biological mother (egg
18 donor).
19 (B) The husband, if any, of the surrogate
20 mother certifies that he is not the biological
21 father of the child and that the child is that of
22 the biological father (sperm donor) and of the
23 biological mother (egg donor).
24 (C) The biological mother certifies that she
25 donated the egg from which the child being carried
26 by the surrogate mother was conceived.
27 (D) The biological father certifies that he
28 donated the sperm from which the child being carried
29 by the surrogate mother was conceived.
30 (E) A physician licensed to practice medicine
31 in all its branches in the State of Illinois
32 certifies that the child being carried by the
33 surrogate mother is the biological child of the
34 biological mother (egg donor) and biological father
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1 (sperm donor), and that neither the surrogate mother
2 nor the surrogate mother's husband, if any, is a
3 biological parent of the child being carried by the
4 surrogate mother.
5 (F) All certifications shall be in writing and
6 witnessed by 2 competent adults who are not the
7 surrogate mother, surrogate mother's husband, if
8 any, biological mother, or biological father.
9 Certifications shall be on forms prescribed by the
10 Illinois Department of Public Health, shall be
11 executed prior to the birth of the child, and shall
12 be placed in the medical records of the surrogate
13 mother prior to the birth of the child. Copies of
14 all certifications shall be delivered to the
15 Illinois Department of Public Health prior to the
16 birth of the child.
17 (2) Unless otherwise determined by order of the
18 Circuit Court, the child shall be presumed to be the
19 child of the surrogate mother and of the surrogate
20 mother's husband, if any, if all requirements of
21 subdivision (a)(1) are not met prior to the birth of the
22 child. This presumption may be rebutted by clear and
23 convincing evidence. The circuit court may order the
24 surrogate mother, surrogate mother's husband, biological
25 mother, biological father, and child to submit to such
26 medical examinations and testing as the court deems
27 appropriate.
28 (b) Notwithstanding any other provisions of this Act,
29 paternity established in accordance with subsection (a) has
30 the full force and effect of a judgment entered under this
31 Act and serves as a basis for seeking a child support order
32 without any further proceedings to establish paternity.
33 (c) A judicial or administrative proceeding to ratify
34 paternity established in accordance with subsection (a) is
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1 neither required nor permitted.
2 (d) A signed acknowledgment of paternity entered under
3 this Act may be challenged in court only on the basis of
4 fraud, duress, or material mistake of fact, with the burden
5 of proof upon the challenging party. Pending outcome of the
6 challenge to the acknowledgment of paternity, the legal
7 responsibilities of the signatories shall remain in full
8 force and effect, except upon order of the court upon a
9 showing of good cause.
10 (e) Once a parent and child relationship is established
11 in accordance with subsection (a), an order for support may
12 be established pursuant to a petition to establish an order
13 for support by consent filed with the clerk of the circuit
14 court. A copy of the properly completed acknowledgment of
15 parentage form shall be attached to the petition. The
16 petition shall ask that the circuit court enter an order for
17 support. The petition may ask that an order for visitation,
18 custody, or guardianship be entered. The filing and
19 appearance fees provided under the Clerks of Courts Act shall
20 be waived for all cases in which an acknowledgment of
21 parentage form has been properly completed by the parties and
22 in which a petition to establish an order for support by
23 consent has been filed with the clerk of the circuit court.
24 This subsection shall not be construed to prohibit filing any
25 petition for child support, visitation, or custody under this
26 Act, the Illinois Marriage and Dissolution of Marriage Act,
27 or the Non-Support Punishment Act. This subsection shall
28 also not be construed to prevent the establishment of an
29 administrative support order in cases involving persons
30 receiving child support enforcement services under Article X
31 of the Illinois Public Aid Code or under Sections 7.1 through
32 7.295 of the Attorney General Act.
33 (Source: P.A. 90-18, eff. 7-1-97; 91-308, eff. 7-29-99;
34 91-613, eff. 10-1-99; revised 9-28-99.)
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1 (750 ILCS 45/8) (from Ch. 40, par. 2508)
2 Sec. 8. Statute of limitations.
3 (a) (1) An action brought by or on behalf of a child, an
4 action brought by a party alleging that he or she is the
5 child's natural parent, or an action brought by the
6 Illinois Department of Public Aid, if it is providing or
7 has provided financial support to the child or if it is
8 assisting with child support collection services, shall
9 be barred if brought later than 2 years after the child
10 reaches the age of majority; however, if the action on
11 behalf of the child is brought by a public agency, other
12 than the Illinois Department of Public Aid if it is
13 providing or has provided financial support to the child
14 or if it is assisting with child support collection
15 services, it shall be barred 2 years after the agency has
16 ceased to provide assistance to the child. This Section
17 also applies to any child for whom paternity has not yet
18 been established and any child for whom a paternity
19 action was previously dismissed under a statute of
20 limitations.
21 (2) Failure to bring an action within 2 years shall
22 not bar any party from asserting a defense in any action
23 to declare the non-existence of the parent and child
24 relationship.
25 (3) An action to declare the non-existence of the
26 parent and child relationship brought under subsection
27 (b) of Section 7 of this Act shall be barred if brought
28 later than 2 years after the petitioner obtains knowledge
29 of relevant facts. The 2-year period for bringing an
30 action to declare the nonexistence of the parent and
31 child relationship shall not extend beyond the date on
32 which the child reaches the age of 18 years. Failure to
33 bring an action within 2 years shall not bar any party
34 from asserting a defense in any action to declare the
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1 existence of the parent and child relationship.
2 (4) An action to declare the non-existence of the
3 parent and child relationship brought under subsection
4 (b-5) of Section 7 of this Act shall be barred if brought
5 more than 6 months after the effective date of this
6 amendatory Act of 1998 or more than 2 years after the
7 petitioner obtains actual knowledge of relevant facts,
8 whichever is later. The 2-year period shall not apply to
9 periods of time where the natural mother or the child
10 refuses to submit to deoxyribonucleic acid (DNA) tests.
11 The 2-year period for bringing an action to declare the
12 nonexistence of the parent and child relationship shall
13 not extend beyond the date on which the child reaches the
14 age of 18 years. Failure to bring an action within 2
15 years shall not bar any party from asserting a defense in
16 any action to declare the existence of the parent and
17 child relationship.
18 (b) The time during which any party is not subject to
19 service of process or is otherwise not subject to the
20 jurisdiction of the courts of this State shall toll the
21 aforementioned periods.
22 (c) This Act does not affect the time within which any
23 rights under the Probate Act of 1975 may be asserted beyond
24 the time provided by law relating to distribution and closing
25 of decedent's estates or to the determination of heirship, or
26 otherwise.
27 (Source: P.A. 89-674, eff. 8-14-96; 90-18, eff. 7-1-97;
28 90-715, eff. 8-7-98.)
29 (750 ILCS 45/11) (from Ch. 40, par. 2511)
30 Sec. 11. Tests to determine inherited characteristics.
31 (a) As soon as practicable, the court or Administrative
32 Hearing Officer in an Expedited Child Support System may, and
33 upon request of a party shall, order or direct the mother,
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1 child and alleged father to submit to deoxyribonucleic acid
2 (DNA) tests to determine inherited characteristics. If any
3 party refuses to submit to the tests, the court may resolve
4 the question of paternity against that party or enforce its
5 order if the rights of others and the interests of justice so
6 require.
7 (b) The tests shall be conducted by an expert qualified
8 as an examiner of blood or tissue types and appointed by the
9 court. The expert shall determine the testing procedures.
10 However, any interested party, for good cause shown, in
11 advance of the scheduled tests, may request a hearing to
12 object to the qualifications of the expert or the testing
13 procedures. The expert appointed by the court shall testify
14 at the pre-test hearing at the expense of the party
15 requesting the hearing, except as provided in subsection (h)
16 of this Section for an indigent party. An expert not
17 appointed by the court shall testify at the pre-test hearing
18 at the expense of the party retaining the expert. Inquiry
19 into an expert's qualifications at the pre-test hearing shall
20 not affect either parties' right to have the expert qualified
21 at trial.
22 For tests conducted at the request of the Attorney
23 General, the Attorney General shall identify and use
24 laboratories that perform, at a reasonable cost, legally and
25 medically acceptable genetic tests that tend to identify the
26 father or exclude the alleged father. The Attorney General
27 shall employ competitive procedures for identifying and using
28 the laboratories. The Attorney General shall make the list of
29 those laboratories available to court and law enforcement
30 officials and, upon request, to the public.
31 (c) The expert shall prepare a written report of the
32 test results. If the test results show that the alleged
33 father is not excluded, the report shall contain a combined
34 paternity index relating to the probability of paternity.
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1 The expert may be called by the court as a witness to testify
2 to his or her findings and, if called, shall be subject to
3 cross-examination by the parties. If the test results show
4 that the alleged father is not excluded, any party may
5 demand that other experts, qualified as examiners of blood or
6 tissue types, perform independent tests under order of court,
7 including, but not limited to, blood types or other tests of
8 genetic markers such as those found by Human Leucocyte
9 Antigen (HLA) tests. The results of the tests may be offered
10 into evidence. The number and qualifications of the experts
11 shall be determined by the court.
12 (d) Documentation of the chain of custody of the blood
13 or tissue samples, accompanied by an affidavit or
14 certification in accordance with Section 1-109 of the Code of
15 Civil Procedure, is competent evidence to establish the chain
16 of custody.
17 (e) The report of the test results prepared by the
18 appointed expert shall be made by affidavit or by
19 certification as provided in Section 1-109 of the Code of
20 Civil Procedure and shall be mailed to all parties. A proof
21 of service shall be filed with the court. The verified
22 report shall be admitted into evidence at trial without
23 foundation testimony or other proof of authenticity or
24 accuracy, unless a written motion challenging the
25 admissibility of the report is filed by either party within
26 28 days of receipt of the report, in which case expert
27 testimony shall be required. A party may not file such a
28 motion challenging the admissibility of the report later than
29 28 days before commencement of trial. Before trial, the court
30 shall determine whether the motion is sufficient to deny
31 admission of the report by verification. Failure to make
32 that timely motion constitutes a waiver of the right to
33 object to admission by verification and shall not be grounds
34 for a continuance of the hearing to determine paternity.
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1 (f) Tests taken pursuant to this Section shall have the
2 following effect:
3 (1) If the court finds that the conclusion of the
4 expert or experts, as disclosed by the evidence based
5 upon the tests, is that the alleged father is not the
6 parent of the child, the question of paternity shall be
7 resolved accordingly.
8 (2) If the experts disagree in their findings or
9 conclusions, the question shall be weighed with other
10 competent evidence of paternity.
11 (3) If the tests show that the alleged father is
12 not excluded and that the combined paternity index is
13 less than 500 to 1, this evidence shall be admitted by
14 the court and shall be weighed with other competent
15 evidence of paternity.
16 (4) If the tests show that the alleged father is
17 not excluded and that the combined paternity index is at
18 least 500 to 1, the alleged father is presumed to be the
19 father, and this evidence shall be admitted. This
20 presumption may be rebutted by clear and convincing
21 evidence.
22 (g) Any presumption of parentage as set forth in Section
23 5 of this Act is rebutted if the court finds that the
24 conclusion of the expert or experts excludes paternity of the
25 presumed father.
26 (h) The expense of the tests shall be paid by the party
27 who requests the tests. Where the tests are requested by the
28 party seeking to establish paternity and that party is found
29 to be indigent by the court, the expense shall be paid by the
30 public agency providing representation; except that where a
31 public agency is not providing representation, the expense
32 shall be paid by the county in which the action is brought.
33 Where the tests are ordered by the court on its own motion or
34 are requested by the alleged or presumed father and that
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1 father is found to be indigent by the court, the expense
2 shall be paid by the county in which the action is brought.
3 Any part of the expense may be taxed as costs in the action,
4 except that no costs may be taxed against a public agency
5 that has not requested the tests.
6 (i) The compensation of each expert witness appointed by
7 the court shall be paid as provided in subsection (h) of this
8 Section. Any part of the payment may be taxed as costs in
9 the action, except that no costs may be taxed against a
10 public agency that has not requested the services of the
11 expert witness.
12 (j) Nothing in this Section shall prevent any party from
13 obtaining tests of his or her own blood or tissue independent
14 of those ordered by the court or from presenting expert
15 testimony interpreting those tests or any other blood tests
16 ordered pursuant to this Section. Reports of all the
17 independent tests, accompanied by affidavit or certification
18 pursuant to Section 1-109 of the Code of Civil Procedure, and
19 notice of any expert witnesses to be called to testify to the
20 results of those tests shall be submitted to all parties at
21 least 30 days before any hearing set to determine the issue
22 of parentage.
23 (Source: P.A. 87-428; 87-435; 88-353; 88-687, eff. 1-24-95.)
24 (750 ILCS 45/13) (from Ch. 40, par. 2513)
25 Sec. 13. Civil Action.
26 (a) An action under this Act is a civil action governed
27 by the provisions of the "Code of Civil Procedure", approved
28 August 19, 1981, as amended, and the Supreme Court rules
29 applicable thereto, except where otherwise specified in this
30 Act.
31 (b) Trial by jury is not available under this Act.
32 (c) Certified copies of the bills for costs incurred for
33 pregnancy, and childbirth, and genetic testing shall be
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1 admitted into evidence at judicial or administrative
2 proceedings without requiring third-party foundation
3 testimony and shall constitute prima facie evidence of
4 amounts incurred for those services or for testing on behalf
5 of the child or other proof of authenticity or accuracy.
6 (Source: P.A. 90-18, eff. 7-1-97.)
7 (750 ILCS 45/13.1)
8 Sec. 13.1. Temporary order for child support.
9 Notwithstanding any other law to the contrary, pending the
10 outcome of a judicial determination of parentage, the court
11 shall issue a temporary order for child support, upon motion
12 by a party and a showing of clear and convincing evidence of
13 paternity based on genetic test results or other evidence.
14 In determining the amount of the temporary child support
15 award, the court shall use the guidelines and standards set
16 forth in subsection (a) of Section 505 and in Section 505.2
17 of the Illinois Marriage and Dissolution of Marriage Act.
18 Any new or existing support order entered by the court
19 under this Section shall be deemed to be a series of
20 judgments against the person obligated to pay support
21 thereunder, each such judgment to be in the amount of each
22 payment or installment of support and each judgment to be
23 deemed entered as of the date the corresponding payment or
24 installment becomes due under the terms of the support order.
25 Each such judgment shall have the full force, effect, and
26 attributes of any other judgment of this State, including the
27 ability to be enforced. Any such judgment is subject to
28 modification or termination only in accordance with Section
29 510 of the Illinois Marriage and Dissolution of Marriage Act.
30 A lien arises by operation of law against the real and
31 personal property of the noncustodial parent for each
32 installment of overdue support owed by the noncustodial
33 parent.
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1 All orders for support, when entered or modified, shall
2 include a provision requiring the non-custodial parent to
3 notify the court, and in cases in which a party is receiving
4 child and spouse support services under Article X of the
5 Illinois Public Aid Code or under Sections 7.1 through 7.295
6 of the Attorney General Act, the Illinois Department of
7 Public Aid (before the effective date of this amendatory Act
8 of the 91st General Assembly) or the Attorney General (on and
9 after that date), within 7 days, (i) of the name, address,
10 and telephone number of any new employer of the non-custodial
11 parent, (ii) whether the non-custodial parent has access to
12 health insurance coverage through the employer or other group
13 coverage, and, if so, the policy name and number and the
14 names of persons covered under the policy, and (iii) of any
15 new residential or mailing address or telephone number of the
16 non-custodial parent.
17 In any subsequent action to enforce a support order, upon
18 sufficient showing that diligent effort has been made to
19 ascertain the location of the non-custodial parent, service
20 of process or provision of notice necessary in that action
21 may be made at the last known address of the non-custodial
22 parent, in any manner expressly provided by the Code of Civil
23 Procedure or in this Act, which service shall be sufficient
24 for purposes of due process.
25 An order for support shall include a date on which the
26 current support obligation terminates. The termination date
27 shall be no earlier than the date on which the child covered
28 by the order will attain the age of majority or is otherwise
29 emancipated. The order for support shall state that the
30 termination date does not apply to any arrearage that may
31 remain unpaid on that date. Nothing in this paragraph shall
32 be construed to prevent the court from modifying the order.
33 (Source: P.A. 90-18, eff. 7-1-97.)
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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
5 and may contain provisions concerning the custody and
6 guardianship of the child, visitation privileges with the
7 child, the furnishing of bond or other security for the
8 payment of the judgment, which the court shall determine in
9 accordance with the relevant factors set forth in the
10 Illinois Marriage and Dissolution of Marriage Act and any
11 other applicable law of Illinois, to guide the court in a
12 finding in the best interests of the child. In determining
13 custody, joint custody, or visitation, the court shall apply
14 the relevant standards of the Illinois Marriage and
15 Dissolution of Marriage Act. Specifically, in determining the
16 amount of any child support award, the court shall use the
17 guidelines and standards set forth in subsection (a) of
18 Section 505 and in Section 505.2 of the Illinois Marriage and
19 Dissolution of Marriage Act. For purposes of Section 505 of
20 the Illinois Marriage and Dissolution of Marriage Act, "net
21 income" of the non-custodial parent shall include any
22 benefits available to that person under the Illinois Public
23 Aid Code or from other federal, State or local
24 government-funded programs. The court shall, in any event
25 and regardless of the amount of the non-custodial parent's
26 net income, in its judgment order the non-custodial parent to
27 pay child support to the custodial parent in a minimum amount
28 of not less than $10 per month. In an action brought within 2
29 years after a child's birth, the judgment or order may direct
30 either parent to pay the reasonable expenses incurred by
31 either parent related to the mother's pregnancy and the
32 delivery of the child. The judgment or order shall contain
33 the father's social security number, which the father shall
34 disclose to the court; however, failure to include the
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1 father's social security number on the judgment or order does
2 not invalidate the judgment or order.
3 (2) If a judgment of parentage contains no explicit
4 award of custody, the establishment of a support obligation
5 or of visitation rights in one parent shall be considered a
6 judgment granting custody to the other parent. If the
7 parentage judgment contains no such provisions, custody shall
8 be presumed to be with the mother; however, the presumption
9 shall not apply if the father has had physical custody for at
10 least 6 months prior to the date that the mother seeks to
11 enforce custodial rights.
12 (b) The court shall order all child support payments,
13 determined in accordance with such guidelines, to commence
14 with the date summons is served. The level of current
15 periodic support payments shall not be reduced because of
16 payments set for the period prior to the date of entry of the
17 support order. The Court may order any child support
18 payments to be made for a period prior to the commencement of
19 the action. In determining whether and the extent to which
20 the payments shall be made for any prior period, the court
21 shall consider all relevant facts, including the factors for
22 determining the amount of support specified in the Illinois
23 Marriage and Dissolution of Marriage Act and other equitable
24 factors including but not limited to:
25 (1) The father's prior knowledge of the fact and
26 circumstances of the child's birth.
27 (2) The father's prior willingness or refusal to
28 help raise or support the child.
29 (3) The extent to which the mother or the public
30 agency bringing the action previously informed the father
31 of the child's needs or attempted to seek or require his
32 help in raising or supporting the child.
33 (4) The reasons the mother or the public agency did
34 not file the action earlier.
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1 (5) The extent to which the father would be
2 prejudiced by the delay in bringing the action.
3 For purposes of determining the amount of child support
4 to be paid for any period before the date the order for
5 current child support is entered, there is a rebuttable
6 presumption that the father's net income for the prior period
7 was the same as his net income at the time the order for
8 current child support is entered.
9 (c) Any new or existing support order entered by the
10 court under this Section shall be deemed to be a series of
11 judgments against the person obligated to pay support
12 thereunder, each judgment to be in the amount of each payment
13 or installment of support and each such judgment to be deemed
14 entered as of the date the corresponding payment or
15 installment becomes due under the terms of the support order.
16 Each judgment shall have the full force, effect and
17 attributes of any other judgment of this State, including the
18 ability to be enforced. A lien arises by operation of law
19 against the real and personal property of the noncustodial
20 parent for each installment of overdue support owed by the
21 noncustodial parent.
22 (d) If the judgment or order of the court is at variance
23 with the child's birth certificate, the court shall order
24 that a new birth certificate be issued under the Vital
25 Records Act.
26 (e) On request of the mother and the father, the court
27 shall order a change in the child's name. After hearing
28 evidence the court may stay payment of support during the
29 period of the father's minority or period of disability.
30 (f) If, upon a showing of proper service, the father
31 fails to appear in court, or otherwise appear as provided by
32 law, the court may proceed to hear the cause upon testimony
33 of the mother or other parties taken in open court and shall
34 enter a judgment by default. The court may reserve any order
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1 as to the amount of child support until the father has
2 received notice, by regular mail, of a hearing on the matter.
3 (g) A one-time charge of 20% is imposable upon the
4 amount of past-due child support owed on July 1, 1988 which
5 has accrued under a support order entered by the court. The
6 charge shall be imposed in accordance with the provisions of
7 Section 10-21 of the Illinois Public Aid Code and shall be
8 enforced by the court upon petition. On and after the
9 effective date of this amendatory Act of the 91st General
10 Assembly, the Attorney General may collect, on behalf of the
11 Illinois Department of Public Aid, any charge imposed in
12 accordance with this subsection. Nothing in this amendatory
13 Act of the 91st General Assembly shall be construed to affect
14 the validity of any charge imposed in accordance with this
15 subsection.
16 (h) All orders for support, when entered or modified,
17 shall include a provision requiring the non-custodial parent
18 to notify the court and, in cases in which party is receiving
19 child and spouse support services under Article X of the
20 Illinois Public Aid Code or under Sections 7.1 through 7.295
21 of the Attorney General Act, the Illinois Department of
22 Public Aid (before the effective date of this amendatory Act
23 of the 91st General Assembly) or the Attorney General (on and
24 after that date), within 7 days, (i) of the name and address
25 of any new employer of the non-custodial parent, (ii) whether
26 the non-custodial parent has access to health insurance
27 coverage through the employer or other group coverage and, if
28 so, the policy name and number and the names of persons
29 covered under the policy, and (iii) of any new residential or
30 mailing address or telephone number of the non-custodial
31 parent. In any subsequent action to enforce a support order,
32 upon a sufficient showing that a diligent effort has been
33 made to ascertain the location of the non-custodial parent,
34 service of process or provision of notice necessary in the
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1 case may be made at the last known address of the
2 non-custodial parent in any manner expressly provided by the
3 Code of Civil Procedure or this Act, which service shall be
4 sufficient for purposes of due process.
5 (i) An order for support shall include a date on which
6 the current support obligation terminates. The termination
7 date shall be no earlier than the date on which the child
8 covered by the order will attain the age of majority or is
9 otherwise emancipated. The order for support shall state
10 that the termination date does not apply to any arrearage
11 that may remain unpaid on that date. Nothing in this
12 subsection shall be construed to prevent the court from
13 modifying the order.
14 (j) An order entered under this Section shall include a
15 provision requiring the obligor to report to the obligee and
16 to the clerk of court within 10 days each time the obligor
17 obtains new employment, and each time the obligor's
18 employment is terminated for any reason. The report shall be
19 in writing and shall, in the case of new employment, include
20 the name and address of the new employer. Failure to report
21 new employment or the termination of current employment, if
22 coupled with nonpayment of support for a period in excess of
23 60 days, is indirect criminal contempt. For any obligor
24 arrested for failure to report new employment bond shall be
25 set in the amount of the child support that should have been
26 paid during the period of unreported employment. An order
27 entered under this Section shall also include a provision
28 requiring the obligor and obligee parents to advise each
29 other of a change in residence within 5 days of the change
30 except when the court finds that the physical, mental, or
31 emotional health of a party or that of a minor child, or
32 both, would be seriously endangered by disclosure of the
33 party's address.
34 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
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1 90-655, eff. 7-30-98.)
2 (750 ILCS 45/14.1)
3 Sec. 14.1. Information to State Case Registry.
4 (a) When an order for support is entered or modified
5 under this Act, the clerk of the circuit court shall, within
6 5 business days, provide to the State Case Registry
7 established under the Attorney General Act Section 10-27 of
8 the Illinois Public Aid Code the court docket number and
9 county in which the order is entered or modified
10 and the following information, which the parties shall
11 disclose to the court:
12 (1) The names of the custodial and non-custodial
13 parents and of the child or children covered by the
14 order.
15 (2) The dates of birth of the custodial and
16 non-custodial parents and of the child or children
17 covered by the order.
18 (3) The social security numbers of the custodial
19 and non-custodial parents and of the child or children
20 covered by the order.
21 (4) The residential and mailing addresses for the
22 custodial and non-custodial parents.
23 (5) The telephone numbers for the custodial and
24 non-custodial parents.
25 (6) The driver's license numbers for the custodial
26 and non-custodial parents.
27 (7) The name, address, and telephone number of each
28 parent's employer or employers.
29 (b) When a child support order is entered or modified
30 for a case in which a party is receiving child and spouse
31 support services under the Attorney General Act Article X of
32 the Illinois Public Aid Code, the clerk shall provide the
33 State Case Registry with the following information:
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1 (1) The information specified in subsection (a) of
2 this Section.
3 (2) The amount of monthly or other periodic support
4 owed under the order and other amounts, including
5 arrearages, interest, or late payment penalties and fees,
6 due or overdue under the order.
7 (3) Any amounts described in subdivision (2) of
8 this subsection (b) that have been received by the clerk.
9 (4) The distribution of the amounts received by the
10 clerk.
11 (c) The parties affected by the order shall inform the
12 clerk of court of any change of address or of other condition
13 that may affect the administration of the order. The clerk
14 shall report the changes to the State Case Registry.
15 (d) To the extent that updated information is in the
16 clerk's possession, the clerk shall provide updates of the
17 information specified in subsection (b) of this Section
18 within 5 business days after the Attorney General's Illinois
19 Department of Public Aid's request for that updated
20 information.
21 (Source: P.A. 91-212, eff. 7-20-99.)
22 (750 ILCS 45/15.1) (from Ch. 40, par. 2515.1)
23 Sec. 15.1. (a) Whenever it is determined in a proceeding
24 to establish or enforce a child support obligation that the
25 person owing a duty of support is unemployed, the court may
26 order the person to seek employment and report periodically
27 to the court with a diary, listing or other memorandum of his
28 or her efforts in accordance with such order. Additionally,
29 the court may order the unemployed person to report to the
30 Department of Employment Security for job search services or
31 to make application with the local Job Training Partnership
32 Act provider for participation in job search, training or
33 work programs and where the duty of support is owed to a
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1 child receiving support services under Article X of the
2 Illinois Public Aid Code or under Sections 7.1 through 7.295
3 of the Attorney General Act, as amended, the court may order
4 the unemployed person to report to the Illinois Department of
5 Human Services Public Aid for participation in job search,
6 training or work programs established under Section 9-6 and
7 Article IXA of the Illinois Public Aid Code that Code.
8 (b) Whenever it is determined that a person owes
9 past-due support for a child, and the child is receiving
10 assistance under the Illinois Public Aid Code, the court
11 shall order the following at the request of the Illinois
12 Department of Public Aid (before the effective date of this
13 amendatory Act of the 91st General Assembly) or the Attorney
14 General (on and after that date):
15 (1) that the person pay the past-due support in
16 accordance with a plan approved by the court; or
17 (2) if the person owing past-due support is
18 unemployed, is subject to such a plan, and is not
19 incapacitated, that the person participate in such job
20 search, training, or work programs established under
21 Section 9-6 and Article IXA of the Illinois Public Aid
22 Code as the court deems appropriate.
23 (Source: P.A. 90-18, eff. 7-1-97; 91-357, eff. 7-29-99.)
24 (750 ILCS 45/21) (from Ch. 40, par. 2521)
25 Sec. 21. Support payments; receiving and disbursing
26 agents.
27 (1) In an action filed in a county of less than 3
28 million population in which an order for child support is
29 entered, and in supplementary proceedings in such a county to
30 enforce or vary the terms of such order arising out of an
31 action filed in such a county, the court, except in actions
32 or supplementary proceedings in which the pregnancy and
33 delivery expenses of the mother or the child support payments
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1 are for a recipient of aid under the Illinois Public Aid
2 Code, shall direct that child support payments be made to the
3 clerk of the court unless in the discretion of the court
4 exceptional circumstances warrant otherwise. In cases where
5 payment is to be made to persons other than the clerk of the
6 court the judgment or order of support shall set forth the
7 facts of the exceptional circumstances.
8 (2) In an action filed in a county of 3 million or more
9 population in which an order for child support is entered,
10 and in supplementary proceedings in such a county to enforce
11 or vary the terms of such order arising out of an action
12 filed in such a county, the court, except in actions or
13 supplementary proceedings in which the pregnancy and delivery
14 expenses of the mother or the child support payments are for
15 a recipient of aid under the Illinois Public Aid Code, shall
16 direct that child support payments be made either to the
17 clerk of the court or to the Court Service Division of the
18 County Department of Public Aid, or to the clerk of the
19 court, the Attorney General, or to the Illinois Department of
20 Public Aid, unless in the discretion of the court exceptional
21 circumstances warrant otherwise. In such cases where payment
22 is to be made to persons other than the clerk of the court,
23 the Court Service Division of the County Department of Public
24 Aid, or the Illinois Department of Public Aid, the judgment
25 or order of support shall set forth the facts of the
26 exceptional circumstances.
27 (3) Where the action or supplementary proceeding is in
28 behalf of a mother for pregnancy and delivery expenses or for
29 child support, or both, and the mother, child, or both, are
30 recipients of aid under the Illinois Public Aid Code, the
31 court shall order that the payments be made directly to (a)
32 the Attorney General Illinois Department of Public Aid if the
33 mother or child, or both, are recipients under Articles IV or
34 V of the Code, or (b) the local governmental unit responsible
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1 for the support of the mother or child, or both, if they are
2 recipients under Articles VI or VII of the Code. In
3 accordance with federal law and regulations, the Attorney
4 General or Illinois Department of Public Aid may continue to
5 collect current maintenance payments or child support
6 payments, or both, after those persons cease to receive
7 public assistance and until termination of services under
8 Article X of the Illinois Public Aid Code or under Sections
9 7.1 through 7.295 of the of the Attorney General Act. The
10 Attorney General or Illinois Department of Public Aid shall
11 pay the net amount collected to those persons after deducting
12 any costs incurred in making the collection or any collection
13 fee from the amount of any recovery made. The Illinois
14 Department of Public Aid, or the Attorney General, or the
15 local governmental unit, as the case may be, may direct that
16 payments be made directly to the mother of the child, or to
17 some other person or agency in the child's behalf, upon the
18 removal of the mother and child from the public aid rolls or
19 upon termination of services under Article X of the Illinois
20 Public Aid Code or under Sections 7.1 through 7.295 of the
21 Attorney General Act; and upon such direction, the Illinois
22 Department, the Attorney General, or the local governmental
23 unit, as the case requires, shall give notice of such action
24 to the court in writing or by electronic transmission.
25 (4) All clerks of the court, and the Court Service
26 Division of a County Department of Public Aid, and the
27 Illinois Department of Public Aid, and the Attorney General
28 receiving child support payments under paragraphs (1) or (2)
29 shall disburse the same to the person or persons entitled
30 thereto under the terms of the order. They shall establish
31 and maintain clear and current records of all moneys received
32 and disbursed and of defaults and delinquencies in required
33 payments. The court, by order or rule, shall make provision
34 for the carrying out of these duties.
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1 Upon notification in writing or by electronic
2 transmission from the Illinois Department of Public Aid
3 (before the effective date of this amendatory Act of the 91st
4 General Assembly) or the Attorney General (on and after that
5 date) to the clerk of the court that a person who is
6 receiving support payments under this Section is receiving
7 services under the Child Support Enforcement Program
8 established by Title IV-D of the Social Security Act, any
9 support payments subsequently received by the clerk of the
10 court shall be transmitted in accordance with the
11 instructions of the Illinois Department of Public Aid or
12 Attorney General until the Department or Attorney General
13 gives notice to the clerk of the court to cease the
14 transmittal. After providing the notification authorized
15 under this paragraph, the Illinois Department of Public Aid
16 (before the effective date of this amendatory Act of the 91st
17 General Assembly or the Attorney General (on and after that
18 date) shall be entitled as a party to notice of any further
19 proceedings in the case. The clerk of the court shall file a
20 copy of the Illinois Department of Public Aid's or Attorney
21 General's notification in the court file. The failure of the
22 clerk to file a copy of the notification in the court file
23 shall not, however, affect the Illinois Department of Public
24 Aid's or Attorney General's right to receive notice of
25 further proceedings.
26 Payments under this Section to the Illinois Department of
27 Public Aid or the Attorney General pursuant to the Child
28 Support Enforcement Program established by Title IV-D of the
29 Social Security Act shall be paid into the Child Support
30 Enforcement Trust Fund. All payments under this Section to
31 the Illinois Department of Human Services shall be deposited
32 in the DHS Recoveries Trust Fund. Disbursement from these
33 funds shall be as provided in the Illinois Public Aid Code.
34 Payments received by a local governmental unit shall be
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1 deposited in that unit's General Assistance Fund.
2 (5) The moneys received by persons or agencies
3 designated by the court shall be disbursed by them in
4 accordance with the order. However, the court, on petition
5 of the state's attorney or the Attorney General, may enter
6 new orders designating the clerk of the court, the Attorney
7 General, or the Illinois Department of Public Aid, as the
8 person or agency authorized to receive and disburse child
9 support payments and, in the case of recipients of public
10 aid, the court, on petition of the Attorney General or
11 State's Attorney, shall direct subsequent payments to be paid
12 to the Illinois Department of Public Aid, the Attorney
13 General, or to the appropriate local governmental unit, as
14 provided in paragraph (3). Payments of child support by
15 principals or sureties on bonds, or proceeds of any sale for
16 the enforcement of a judgment shall be made to the clerk of
17 the court, the Illinois Department of Public Aid, the
18 Attorney General, or the appropriate local governmental unit,
19 as the respective provisions of this Section require.
20 (6) For those cases in which child support is payable to
21 the clerk of the circuit court for transmittal to the
22 Illinois Department of Public Aid or the Attorney General by
23 order of court or upon notification by the Illinois
24 Department of Public Aid or the Attorney General, the clerk
25 shall transmit all such payments, within 4 working days of
26 receipt, to ensure insure that funds are available for
27 immediate distribution by the Department or the Attorney
28 General to the person or entity entitled thereto in
29 accordance with standards of the Child Support Enforcement
30 Program established under Title IV-D of the Social Security
31 Act. The clerk shall notify the Department or the Attorney
32 General of the date of receipt and amount thereof at the time
33 of transmittal. Where the clerk has entered into an
34 agreement of cooperation with the Department or the Attorney
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1 General to record the terms of child support orders and
2 payments made thereunder directly into the IV-D Agency's
3 Department's automated data processing system, the clerk
4 shall account for, transmit and otherwise distribute child
5 support payments in accordance with such agreement in lieu of
6 the requirements contained herein.
7 (7) To the extent the provisions of this Section are
8 inconsistent with the requirements pertaining to the State
9 Disbursement Unit under Section 21.1 of this Act and under
10 the Attorney General Act Section 10-26 of the Illinois Public
11 Aid Code, the requirements pertaining to the State
12 Disbursement Unit shall apply.
13 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
14 90-790, eff. 8-14-98; 91-24, eff. 7-1-99; 91-212, eff.
15 7-20-99; 91-357, eff. 7-29-99; revised 9-1-99.)
16 (750 ILCS 45/21.1)
17 Sec. 21.1. Payment of Support to State Disbursement Unit.
18 (a) As used in this Section:
19 "Order for support", "obligor", "obligee", and "payor"
20 mean those terms as defined in the Income Withholding for
21 Support Act, except that "order for support" shall not mean
22 orders providing for spousal maintenance under which there is
23 no child support obligation.
24 (b) Notwithstanding any other provision of this Act to
25 the contrary, each order for support entered or modified on
26 or after October 1, 1999 shall require that support payments
27 be made to the State Disbursement Unit established under the
28 Attorney General Act Section 10-26 of the Illinois Public Aid
29 Code if:
30 (1) a party to the order is receiving child and
31 spouse support services under the Attorney General Act
32 Article X of the Illinois Public Aid Code; or
33 (2) no party to the order is receiving child and
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1 spouse support services, but the support payments are
2 made 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
6 October 1, 1999, and a party to the order is receiving
7 child and spouse support services under the Attorney
8 General Act Article X of the Illinois Public Aid Code; or
9 (2) no party to the order is receiving child and
10 spouse support services, and the support payments are
11 being made through income withholding.
12 (c-5) If no party to the order is receiving child and
13 spouse support services under the Attorney General Act
14 Article X of the Illinois Public Aid Code, and the support
15 payments are not made through income withholding, then
16 support payments shall be made as directed by the order for
17 support.
18 (c-10) (Blank). Within 15 days after the effective date
19 of this amendatory Act of the 91st General Assembly, the
20 Illinois Department shall provide written notice to the clerk
21 of the circuit court, the obligor, and, where applicable, the
22 obligor's payor to make payments to the State Disbursement
23 Unit if:
24 (1) the order for support was entered before
25 October 1, 1999, and a party to the order is receiving
26 child and spouse support services under Article X of the
27 Illinois Public Aid Code; or
28 (2) no party to the order is receiving child and
29 spouse support services, and the support payments are
30 being made through income withholding.
31 (c-15) (Blank). Within 15 days after the effective date
32 of this amendatory Act of the 91st General Assembly, the
33 clerk of the circuit court shall provide written notice to
34 the obligor to make payments directly to the clerk of the
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1 circuit court if no party to the order is receiving child and
2 spouse support services under Article X of the Illinois
3 Public Aid Code, the support payments are not made through
4 income withholding, and the order for support requires
5 support payments to be made directly to the clerk of the
6 circuit court.
7 (c-20) If the State Disbursement Unit receives a support
8 payment that was not appropriately made to the Unit under
9 this Section, the Unit shall immediately return the payment
10 to the sender, including, if possible, instructions detailing
11 where to send the support payments.
12 (d) (Blank). The notices required under subsections
13 (c-10) and (c-15) may be sent by ordinary mail, certified
14 mail, return receipt requested, facsimile transmission, or
15 other electronic process, or may be served upon the obligor
16 or payor using any method provided by law for service of a
17 summons. The Illinois Department of Public Aid shall provide
18 a copy of the notice to the obligee and to the clerk of the
19 court.
20 (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.)
21 (750 ILCS 45/22) (from Ch. 40, par. 2522)
22 Sec. 22. (a) In all cases instituted before the
23 effective date of this amendatory Act of the 91st General
24 Assembly by the Illinois Department of Public Aid on behalf
25 of a child or spouse, other than one receiving a grant of
26 financial aid under Article IV of The Illinois Public Aid
27 Code, on whose behalf an application has been made and
28 approved for support services as provided by Section 10-1 of
29 that Code, the court shall impose a collection fee on the
30 individual who owes a child or spouse support obligation in
31 an amount equal to 10% of the amount so owed as long as such
32 collection is required by federal law, which fee shall be in
33 addition to the support obligation. The imposition of such
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1 fee shall be in accordance with provisions of Title IV, Part
2 D, of the Social Security Act and regulations duly
3 promulgated thereunder. The fee shall be payable to the
4 clerk of the circuit court for transmittal to the Illinois
5 Department of Public Aid and shall continue until support
6 services are terminated by that Department, except as
7 otherwise provided in this subsection.
8 If a collection fee is imposed under this subsection and
9 if, on or after the effective date of this amendatory Act of
10 the 91st General Assembly, the child or spouse receives
11 support services under Section 7.5 of the Attorney General
12 Act, the fee shall be payable to the clerk of the circuit
13 court for transmittal to the Attorney General and shall
14 continue until support services are terminated by the
15 Attorney General. Nothing in this amendatory Act of the 91st
16 General Assembly shall be construed to affect the validity of
17 any collection fee imposed in accordance with the first
18 paragraph of this subsection.
19 (b) In all cases instituted on or after the effective
20 date of this amendatory Act of the 91st General Assembly by
21 the Attorney General on behalf of a child or spouse, other
22 than one receiving a grant of financial aid under Article IV
23 of the Illinois Public Aid Code, on whose behalf an
24 application has been made and approved for support services
25 as provided by Section 7.5 of the Attorney General Act, the
26 court shall impose a collection fee on the individual who
27 owes a child or spouse support obligation in an amount equal
28 to 10% of the amount so owed as long as such collection is
29 required by federal law, which fee shall be in addition to
30 the support obligation. The imposition of such fee shall be
31 in accordance with provisions of Title IV, Part D, of the
32 Social Security Act and regulations duly promulgated
33 thereunder. The fee shall be payable to the clerk of the
34 circuit court for transmittal to the Attorney General and
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1 shall continue until support services are terminated by the
2 Attorney General.
3 (Source: P.A. 83-1372.)
4 (750 ILCS 45/23) (from Ch. 40, par. 2523)
5 Sec. 23. Notice to Clerk of Circuit Court of Payment
6 Received by Illinois Department of Public Aid or Attorney
7 General for Recording. For those cases in which support is
8 payable to the clerk of the circuit court for transmittal to
9 the Illinois Department of Public Aid by order of court, and
10 the Illinois Department of Public Aid or the Attorney General
11 collects support by assignment offset, withhold, deduction or
12 other process permitted by law, the Illinois Department of
13 Public Aid or the Attorney General shall notify the clerk of
14 the date and amount of such collection. Upon notification,
15 the clerk shall record the collection on the payment record
16 for the case.
17 (Source: P.A. 83-1372.)
18 Section 77. The Illinois Domestic Violence Act of 1986
19 is amended by changing Section 214 as follows:
20 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
21 Sec. 214. Order of protection; remedies.
22 (a) Issuance of order. If the court finds that
23 petitioner has been abused by a family or household member or
24 that petitioner is a high-risk adult who has been abused,
25 neglected, or exploited, as defined in this Act, an order of
26 protection prohibiting the abuse, neglect, or exploitation
27 shall issue; provided that petitioner must also satisfy the
28 requirements of one of the following Sections, as
29 appropriate: Section 217 on emergency orders, Section 218 on
30 interim orders, or Section 219 on plenary orders. Petitioner
31 shall not be denied an order of protection because petitioner
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1 or respondent is a minor. The court, when determining whether
2 or not to issue an order of protection, shall not require
3 physical manifestations of abuse on the person of the victim.
4 Modification and extension of prior orders of protection
5 shall be in accordance with this Act.
6 (b) Remedies and standards. The remedies to be included
7 in an order of protection shall be determined in accordance
8 with this Section and one of the following Sections, as
9 appropriate: Section 217 on emergency orders, Section 218 on
10 interim orders, and Section 219 on plenary orders. The
11 remedies listed in this subsection shall be in addition to
12 other civil or criminal remedies available to petitioner.
13 (1) Prohibition of abuse, neglect, or exploitation.
14 Prohibit respondent's harassment, interference with
15 personal liberty, intimidation of a dependent, physical
16 abuse, or willful deprivation, neglect or exploitation,
17 as defined in this Act, or stalking of the petitioner, as
18 defined in Section 12-7.3 of the Criminal Code of 1961,
19 if such abuse, neglect, exploitation, or stalking has
20 occurred or otherwise appears likely to occur if not
21 prohibited.
22 (2) Grant of exclusive possession of residence.
23 Prohibit respondent from entering or remaining in any
24 residence or household of the petitioner, including one
25 owned or leased by respondent, if petitioner has a right
26 to occupancy thereof. The grant of exclusive possession
27 of the residence shall not affect title to real property,
28 nor shall the court be limited by the standard set forth
29 in Section 701 of the Illinois Marriage and Dissolution
30 of Marriage Act.
31 (A) Right to occupancy. A party has a right
32 to occupancy of a residence or household if it is
33 solely or jointly owned or leased by that party,
34 that party's spouse, a person with a legal duty to
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1 support that party or a minor child in that party's
2 care, or by any person or entity other than the
3 opposing party that authorizes that party's
4 occupancy (e.g., a domestic violence shelter).
5 Standards set forth in subparagraph (B) shall not
6 preclude equitable relief.
7 (B) Presumption of hardships. If petitioner
8 and respondent each has the right to occupancy of a
9 residence or household, the court shall balance (i)
10 the hardships to respondent and any minor child or
11 dependent adult in respondent's care resulting from
12 entry of this remedy with (ii) the hardships to
13 petitioner and any minor child or dependent adult in
14 petitioner's care resulting from continued exposure
15 to the risk of abuse (should petitioner remain at
16 the residence or household) or from loss of
17 possession of the residence or household (should
18 petitioner leave to avoid the risk of abuse). When
19 determining the balance of hardships, the court
20 shall also take into account the accessibility of
21 the residence or household. Hardships need not be
22 balanced if respondent does not have a right to
23 occupancy.
24 The balance of hardships is presumed to favor
25 possession by petitioner unless the presumption is
26 rebutted by a preponderance of the evidence, showing
27 that the hardships to respondent substantially
28 outweigh the hardships to petitioner and any minor
29 child or dependent adult in petitioner's care. The
30 court, on the request of petitioner or on its own
31 motion, may order respondent to provide suitable,
32 accessible, alternate housing for petitioner instead
33 of excluding respondent from a mutual residence or
34 household.
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1 (3) Stay away order and additional prohibitions.
2 Order respondent to stay away from petitioner or any
3 other person protected by the order of protection, or
4 prohibit respondent from entering or remaining present at
5 petitioner's school, place of employment, or other
6 specified places at times when petitioner is present, or
7 both, if reasonable, given the balance of hardships.
8 Hardships need not be balanced for the court to enter a
9 stay away order or prohibit entry if respondent has no
10 right to enter the premises.
11 If an order of protection grants petitioner
12 exclusive possession of the residence, or prohibits
13 respondent from entering the residence, or orders
14 respondent to stay away from petitioner or other
15 protected persons, then the court may allow respondent
16 access to the residence to remove items of clothing and
17 personal adornment used exclusively by respondent,
18 medications, and other items as the court directs. The
19 right to access shall be exercised on only one occasion
20 as the court directs and in the presence of an
21 agreed-upon adult third party or law enforcement officer.
22 (4) Counseling. Require or recommend the
23 respondent to undergo counseling for a specified duration
24 with a social worker, psychologist, clinical
25 psychologist, psychiatrist, family service agency,
26 alcohol or substance abuse program, mental health center
27 guidance counselor, agency providing services to elders,
28 program designed for domestic violence abusers or any
29 other guidance service the court deems appropriate.
30 (5) Physical care and possession of the minor
31 child. In order to protect the minor child from abuse,
32 neglect, or unwarranted separation from the person who
33 has been the minor child's primary caretaker, or to
34 otherwise protect the well-being of the minor child, the
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1 court may do either or both of the following: (i) grant
2 petitioner physical care or possession of the minor
3 child, or both, or (ii) order respondent to return a
4 minor child to, or not remove a minor child from, the
5 physical care of a parent or person in loco parentis.
6 If a court finds, after a hearing, that respondent
7 has committed abuse (as defined in Section 103) of a
8 minor child, there shall be a rebuttable presumption that
9 awarding physical care to respondent would not be in the
10 minor child's best interest.
11 (6) Temporary legal custody. Award temporary legal
12 custody to petitioner in accordance with this Section,
13 the Illinois Marriage and Dissolution of Marriage Act,
14 the Illinois Parentage Act of 1984, and this State's
15 Uniform Child Custody Jurisdiction Act.
16 If a court finds, after a hearing, that respondent
17 has committed abuse (as defined in Section 103) of a
18 minor child, there shall be a rebuttable presumption that
19 awarding temporary legal custody to respondent would not
20 be in the child's best interest.
21 (7) Visitation. Determine the visitation rights,
22 if any, of respondent in any case in which the court
23 awards physical care or temporary legal custody of a
24 minor child to petitioner. The court shall restrict or
25 deny respondent's visitation with a minor child if the
26 court finds that respondent has done or is likely to do
27 any of the following: (i) abuse or endanger the minor
28 child during visitation; (ii) use the visitation as an
29 opportunity to abuse or harass petitioner or petitioner's
30 family or household members; (iii) improperly conceal or
31 detain the minor child; or (iv) otherwise act in a manner
32 that is not in the best interests of the minor child.
33 The court shall not be limited by the standards set forth
34 in Section 607.1 of the Illinois Marriage and Dissolution
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1 of Marriage Act. If the court grants visitation, the
2 order shall specify dates and times for the visitation to
3 take place or other specific parameters or conditions
4 that are appropriate. No order for visitation shall
5 refer merely to the term "reasonable visitation".
6 Petitioner may deny respondent access to the minor
7 child if, when respondent arrives for visitation,
8 respondent is under the influence of drugs or alcohol and
9 constitutes a threat to the safety and well-being of
10 petitioner or petitioner's minor children or is behaving
11 in a violent or abusive manner.
12 If necessary to protect any member of petitioner's
13 family or household from future abuse, respondent shall
14 be prohibited from coming to petitioner's residence to
15 meet the minor child for visitation, and the parties
16 shall submit to the court their recommendations for
17 reasonable alternative arrangements for visitation. A
18 person may be approved to supervise visitation only after
19 filing an affidavit accepting that responsibility and
20 acknowledging accountability to the court.
21 (8) Removal or concealment of minor child. Prohibit
22 respondent from removing a minor child from the State or
23 concealing the child within the State.
24 (9) Order to appear. Order the respondent to
25 appear in court, alone or with a minor child, to prevent
26 abuse, neglect, removal or concealment of the child, to
27 return the child to the custody or care of the petitioner
28 or to permit any court-ordered interview or examination
29 of the child or the respondent.
30 (10) Possession of personal property. Grant
31 petitioner exclusive possession of personal property and,
32 if respondent has possession or control, direct
33 respondent to promptly make it available to petitioner,
34 if:
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1 (i) petitioner, but not respondent, owns the
2 property; or
3 (ii) the parties own the property jointly;
4 sharing it would risk abuse of petitioner by
5 respondent or is impracticable; and the balance of
6 hardships favors temporary possession by petitioner.
7 If petitioner's sole claim to ownership of the
8 property is that it is marital property, the court may
9 award petitioner temporary possession thereof under the
10 standards of subparagraph (ii) of this paragraph only if
11 a proper proceeding has been filed under the Illinois
12 Marriage and Dissolution of Marriage Act, as now or
13 hereafter amended.
14 No order under this provision shall affect title to
15 property.
16 (11) Protection of property. Forbid the respondent
17 from taking, transferring, encumbering, concealing,
18 damaging or otherwise disposing of any real or personal
19 property, except as explicitly authorized by the court,
20 if:
21 (i) petitioner, but not respondent, owns the
22 property; or
23 (ii) the parties own the property jointly, and
24 the balance of hardships favors granting this
25 remedy.
26 If petitioner's sole claim to ownership of the
27 property is that it is marital property, the court may
28 grant petitioner relief under subparagraph (ii) of this
29 paragraph only if a proper proceeding has been filed
30 under the Illinois Marriage and Dissolution of Marriage
31 Act, as now or hereafter amended.
32 The court may further prohibit respondent from
33 improperly using the financial or other resources of an
34 aged member of the family or household for the profit or
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1 advantage of respondent or of any other person.
2 (12) Order for payment of support. Order
3 respondent to pay temporary support for the petitioner or
4 any child in the petitioner's care or custody, when the
5 respondent has a legal obligation to support that person,
6 in accordance with the Illinois Marriage and Dissolution
7 of Marriage Act, which shall govern, among other matters,
8 the amount of support, payment through the clerk and
9 withholding of income to secure payment. An order for
10 child support may be granted to a petitioner with lawful
11 physical care or custody of a child, or an order or
12 agreement for physical care or custody, prior to entry of
13 an order for legal custody. Such a support order shall
14 expire upon entry of a valid order granting legal custody
15 to another, unless otherwise provided in the custody
16 order.
17 (13) Order for payment of losses. Order respondent
18 to pay petitioner for losses suffered as a direct result
19 of the abuse, neglect, or exploitation. Such losses
20 shall include, but not be limited to, medical expenses,
21 lost earnings or other support, repair or replacement of
22 property damaged or taken, reasonable attorney's fees,
23 court costs and moving or other travel expenses,
24 including additional reasonable expenses for temporary
25 shelter and restaurant meals.
26 (i) Losses affecting family needs. If a party
27 is entitled to seek maintenance, child support or
28 property distribution from the other party under the
29 Illinois Marriage and Dissolution of Marriage Act,
30 as now or hereafter amended, the court may order
31 respondent to reimburse petitioner's actual losses,
32 to the extent that such reimbursement would be
33 "appropriate temporary relief", as authorized by
34 subsection (a)(3) of Section 501 of that Act.
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1 (ii) Recovery of expenses. In the case of an
2 improper concealment or removal of a minor child,
3 the court may order respondent to pay the reasonable
4 expenses incurred or to be incurred in the search
5 for and recovery of the minor child, including but
6 not limited to legal fees, court costs, private
7 investigator fees, and travel costs.
8 (14) Prohibition of entry. Prohibit the respondent
9 from entering or remaining in the residence or household
10 while the respondent is under the influence of alcohol or
11 drugs and constitutes a threat to the safety and
12 well-being of the petitioner or the petitioner's
13 children.
14 (14.5) Prohibition of firearm possession.
15 (a) When a complaint is made under a request
16 for an order of protection, that the respondent has
17 threatened or is likely to use firearms illegally
18 against the petitioner, and the respondent is
19 present in court, or has failed to appear after
20 receiving actual notice, the court shall examine on
21 oath the petitioner, and any witnesses who may be
22 produced. If the court is satisfied that there is
23 any danger of the illegal use of firearms, it shall
24 issue an order that any firearms in the possession
25 of the respondent, except as provided in subsection
26 (b), be turned over to the local law enforcement
27 agency for safekeeping. If the respondent has
28 failed to appear, the court shall issue a warrant
29 for seizure of any firearm in the possession of the
30 respondent. The period of safekeeping shall be for a
31 stated period of time not to exceed 2 years. The
32 firearm or firearms shall be returned to the
33 respondent at the end of the stated period or at
34 expiration of the order of protection, whichever is
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1 sooner.
2 (b) If the respondent is a peace officer as
3 defined in Section 2-13 of the Criminal Code of
4 1961, the court shall order that any firearms used
5 by the respondent in the performance of his or her
6 duties as a peace officer be surrendered to the
7 chief law enforcement executive of the agency in
8 which the respondent is employed, who shall retain
9 the firearms for safekeeping for the stated period
10 not to exceed 2 years as set forth in the court
11 order.
12 (15) Prohibition of access to records. If an order
13 of protection prohibits respondent from having contact
14 with the minor child, or if petitioner's address is
15 omitted under subsection (b) of Section 203, or if
16 necessary to prevent abuse or wrongful removal or
17 concealment of a minor child, the order shall deny
18 respondent access to, and prohibit respondent from
19 inspecting, obtaining, or attempting to inspect or
20 obtain, school or any other records of the minor child
21 who is in the care of petitioner.
22 (16) Order for payment of shelter services. Order
23 respondent to reimburse a shelter providing temporary
24 housing and counseling services to the petitioner for the
25 cost of the services, as certified by the shelter and
26 deemed reasonable by the court.
27 (17) Order for injunctive relief. Enter injunctive
28 relief necessary or appropriate to prevent further abuse
29 of a family or household member or further abuse,
30 neglect, or exploitation of a high-risk adult with
31 disabilities or to effectuate one of the granted
32 remedies, if supported by the balance of hardships. If
33 the harm to be prevented by the injunction is abuse or
34 any other harm that one of the remedies listed in
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1 paragraphs (1) through (16) of this subsection is
2 designed to prevent, no further evidence is necessary
3 that the harm is an irreparable injury.
4 (c) Relevant factors; findings.
5 (1) In determining whether to grant a specific
6 remedy, other than payment of support, the court shall
7 consider relevant factors, including but not limited to
8 the following:
9 (i) the nature, frequency, severity, pattern
10 and consequences of the respondent's past abuse,
11 neglect or exploitation of the petitioner or any
12 family or household member, including the
13 concealment of his or her location in order to evade
14 service of process or notice, and the likelihood of
15 danger of future abuse, neglect, or exploitation to
16 petitioner or any member of petitioner's or
17 respondent's family or household; and
18 (ii) the danger that any minor child will be
19 abused or neglected or improperly removed from the
20 jurisdiction, improperly concealed within the State
21 or improperly separated from the child's primary
22 caretaker.
23 (2) In comparing relative hardships resulting to
24 the parties from loss of possession of the family home,
25 the court shall consider relevant factors, including but
26 not limited to the following:
27 (i) availability, accessibility, cost, safety,
28 adequacy, location and other characteristics of
29 alternate housing for each party and any minor child
30 or dependent adult in the party's care;
31 (ii) the effect on the party's employment; and
32 (iii) the effect on the relationship of the
33 party, and any minor child or dependent adult in the
34 party's care, to family, school, church and
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1 community.
2 (3) Subject to the exceptions set forth in
3 paragraph (4) of this subsection, the court shall make
4 its findings in an official record or in writing, and
5 shall at a minimum set forth the following:
6 (i) That the court has considered the
7 applicable relevant factors described in paragraphs
8 (1) and (2) of this subsection.
9 (ii) Whether the conduct or actions of
10 respondent, unless prohibited, will likely cause
11 irreparable harm or continued abuse.
12 (iii) Whether it is necessary to grant the
13 requested relief in order to protect petitioner or
14 other alleged abused persons.
15 (4) For purposes of issuing an ex parte emergency
16 order of protection, the court, as an alternative to or
17 as a supplement to making the findings described in
18 paragraphs (c)(3)(i) through (c)(3)(iii) of this
19 subsection, may use the following procedure:
20 When a verified petition for an emergency order of
21 protection in accordance with the requirements of
22 Sections 203 and 217 is presented to the court, the court
23 shall examine petitioner on oath or affirmation. An
24 emergency order of protection shall be issued by the
25 court if it appears from the contents of the petition and
26 the examination of petitioner that the averments are
27 sufficient to indicate abuse by respondent and to support
28 the granting of relief under the issuance of the
29 emergency order of protection.
30 (5) Never married parties. No rights or
31 responsibilities for a minor child born outside of
32 marriage attach to a putative father until a father and
33 child relationship has been established under the
34 Attorney General Act, the Illinois Parentage Act of 1984,
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1 the Illinois Public Aid Code, Section 12 of the Vital
2 Records Act, the Juvenile Court Act of 1987, the Probate
3 Act of 1985, the Revised Uniform Reciprocal Enforcement
4 of Support Act, the Uniform Interstate Family Support
5 Act, the Expedited Child Support Act of 1990, any
6 judicial, administrative, or other act of another state
7 or territory, any other Illinois statute, or by any
8 foreign nation establishing the father and child
9 relationship, any other proceeding substantially in
10 conformity with the Personal Responsibility and Work
11 Opportunity Reconciliation Act of 1996 (Pub. L. 104-193),
12 or where both parties appeared in open court or at an
13 administrative hearing acknowledging under oath or
14 admitting by affirmation the existence of a father and
15 child relationship. Absent such an adjudication, finding,
16 or acknowledgement, no putative father shall be granted
17 temporary custody of the minor child, visitation with the
18 minor child, or physical care and possession of the minor
19 child, nor shall an order of payment for support of the
20 minor child be entered.
21 (d) Balance of hardships; findings. If the court finds
22 that the balance of hardships does not support the granting
23 of a remedy governed by paragraph (2), (3), (10), (11), or
24 (16) of subsection (b) of this Section, which may require
25 such balancing, the court's findings shall so indicate and
26 shall include a finding as to whether granting the remedy
27 will result in hardship to respondent that would
28 substantially outweigh the hardship to petitioner from denial
29 of the remedy. The findings shall be an official record or in
30 writing.
31 (e) Denial of remedies. Denial of any remedy shall not
32 be based, in whole or in part, on evidence that:
33 (1) Respondent has cause for any use of force,
34 unless that cause satisfies the standards for justifiable
-263- LRB9110276WHcs
1 use of force provided by Article VII of the Criminal Code
2 of 1961;
3 (2) Respondent was voluntarily intoxicated;
4 (3) Petitioner acted in self-defense or defense of
5 another, provided that, if petitioner utilized force,
6 such force was justifiable under Article VII of the
7 Criminal Code of 1961;
8 (4) Petitioner did not act in self-defense or
9 defense of another;
10 (5) Petitioner left the residence or household to
11 avoid further abuse, neglect, or exploitation by
12 respondent;
13 (6) Petitioner did not leave the residence or
14 household to avoid further abuse, neglect, or
15 exploitation by respondent;
16 (7) Conduct by any family or household member
17 excused the abuse, neglect, or exploitation by
18 respondent, unless that same conduct would have excused
19 such abuse, neglect, or exploitation if the parties had
20 not been family or household members.
21 (Source: P.A. 89-367, eff. 1-1-96; 90-118, eff. 1-1-98.)
22 Section 80. The Unemployment Insurance Act is amended by
23 changing Section 1300 as follows:
24 (820 ILCS 405/1300) (from Ch. 48, par. 540)
25 Sec. 1300. Waiver or transfer of benefit rights -
26 Partial exemption.
27 (A) Except as otherwise provided herein any agreement by
28 an individual to waive, release or commute his rights under
29 this Act shall be void.
30 (B) Benefits due under this Act shall not be assigned,
31 pledged, encumbered, released or commuted and shall be exempt
32 from all claims of creditors and from levy, execution and
-264- LRB9110276WHcs
1 attachment or other remedy for recovery or collection of a
2 debt. However, nothing in this Section shall prohibit a
3 specified or agreed upon deduction from benefits by an
4 individual, or a court or administrative order for
5 withholding of income, for payment of past due child support
6 from being enforced and collected by the Attorney General
7 Department of Public Aid on behalf of persons receiving a
8 grant of financial aid under Article IV of the Illinois
9 Public Aid Code, persons for whom an application has been
10 made and approved for support services under the Attorney
11 General Act Section 10-1 of such Code, or persons similarly
12 situated and receiving like support services in other states.
13 It is provided that:
14 (1) The aforementioned deduction of benefits and
15 order for withholding of income apply only if appropriate
16 arrangements have been made for reimbursement to the
17 Director by the Attorney General Department of Public
18 Aid for any administrative costs incurred by the Director
19 under this Section.
20 (2) The Director shall deduct and withhold from
21 benefits payable under this Act, or under any arrangement
22 for the payment of benefits entered into by the Director
23 pursuant to the powers granted under Section 2700 of this
24 Act, the amount specified or agreed upon. In the case of
25 a court or administrative order for withholding of
26 income, the Director shall withhold the amount of the
27 order.
28 (3) Any amount deducted and withheld by the
29 Director shall be paid to the State Disbursement Unit
30 established under the Attorney General Act Section 10-26
31 of the Illinois Public Aid Code on behalf of the
32 individual.
33 (4) Any amount deducted and withheld under
34 subsection (3) shall for all purposes be treated as if it
-265- LRB9110276WHcs
1 were paid to the individual as benefits and paid by such
2 individual to the State Disbursement Unit in satisfaction
3 of the individual's child support obligations.
4 (5) For the purpose of this Section, child support
5 is defined as those obligations which are being enforced
6 pursuant to a plan described in Title IV, Part D, Section
7 454 of the Social Security Act and approved by the
8 Secretary of Health and Human Services.
9 (6) The deduction of benefits and order for
10 withholding of income for child support shall be governed
11 by Titles III and IV of the Social Security Act and all
12 regulations duly promulgated thereunder.
13 (C) Nothing in this Section prohibits an individual from
14 voluntarily electing to have federal income tax deducted and
15 withheld from his or her unemployment insurance benefit
16 payments.
17 (1) The Director shall, at the time that an
18 individual files his or her claim for benefits that
19 establishes his or her benefit year, inform the
20 individual that:
21 (a) unemployment insurance is subject to
22 federal, State, and local income taxes;
23 (b) requirements exist pertaining to estimated
24 tax payments;
25 (c) the individual may elect to have federal
26 income tax deducted and withheld from his or her
27 payments of unemployment insurance in the amount
28 specified in the federal Internal Revenue Code; and
29 (d) 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 federal taxing authority as a payment
34 of income tax.
-266- LRB9110276WHcs
1 (3) The Director shall follow all procedures
2 specified by the United States Department of Labor and
3 the federal Internal Revenue Service pertaining to the
4 deducting and withholding of income tax.
5 (4) Amounts shall be deducted and withheld in
6 accordance with the priorities established in rules
7 promulgated by the Director.
8 (D) Nothing in this Section prohibits an individual from
9 voluntarily electing to have State of Illinois income tax
10 deducted and withheld from his or her unemployment insurance
11 benefit payments if such deduction and withholding is
12 provided for pursuant to rules promulgated by the Director.
13 (1) If pursuant to rules promulgated by the
14 Director, an individual may voluntarily elect to have
15 State of Illinois income tax deducted and withheld from
16 his or her unemployment insurance benefit payments, the
17 Director shall, at the time that an individual files his
18 or her claim for benefits that establishes his or her
19 benefit year, in addition to providing the notice
20 required under subsection C, inform the individual that:
21 (a) the individual may elect to have State of
22 Illinois income tax deducted and withheld from his
23 or her payments of unemployment insurance in the
24 amount specified pursuant to rules promulgated by
25 the Director; and
26 (b) the individual is permitted to change a
27 previously elected withholding status.
28 (2) Amounts deducted and withheld from unemployment
29 insurance shall remain in the unemployment fund until
30 transferred to the Department of Revenue as a payment of
31 State of Illinois income tax.
32 (3) Amounts shall be deducted and withheld in
33 accordance with the priorities established in rules
34 promulgated by the Director.
-267- LRB9110276WHcs
1 (E) Nothing in this Section prohibits the deduction and
2 withholding of an uncollected overissuance of food stamp
3 coupons from unemployment insurance benefits pursuant to this
4 subsection (E).
5 (1) At the time that an individual files a claim
6 for benefits that establishes his or her benefit year,
7 that individual must disclose whether or not he or she
8 owes an uncollected overissuance (as defined in Section
9 13(c)(1) of the federal Food Stamp Act of 1977) of food
10 stamp coupons. The Director shall notify the State food
11 stamp agency enforcing such obligation of any individual
12 who discloses that he or she owes an uncollected
13 overissuance of food stamp coupons and who meets the
14 monetary eligibility requirements of subsection E of
15 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
19 coupons:
20 (a) the amount specified by the individual to
21 the Director to be deducted and withheld under this
22 subsection (E);
23 (b) the amount (if any) determined pursuant to
24 an agreement submitted to the State food stamp
25 agency under Section 13(c)(3)(A) of the federal Food
26 Stamp Act of 1977; or
27 (c) any amount otherwise required to be
28 deducted and withheld from unemployment insurance
29 benefits pursuant to Section 13(c)(3)(B) of the
30 federal Food Stamp Act of 1977.
31 (3) Any amount deducted and withheld pursuant to
32 this subsection (E) shall be paid by the Director to the
33 State food stamp agency.
34 (4) Any amount deducted and withheld pursuant to
-268- LRB9110276WHcs
1 this subsection (E) shall for all purposes be treated as
2 if it were paid to the individual as unemployment
3 insurance benefits and paid by the individual to the
4 State food stamp agency as repayment of the individual's
5 uncollected overissuance of food stamp coupons.
6 (5) For purposes of this subsection (E),
7 "unemployment insurance benefits" means any compensation
8 payable under this Act including amounts payable by the
9 Director pursuant to an agreement under any federal law
10 providing for compensation, assistance, or allowances
11 with respect to unemployment.
12 (6) This subsection (E) applies only if
13 arrangements have been made for reimbursement by the
14 State food stamp agency for the administrative costs
15 incurred by the Director under this subsection (E) which
16 are attributable to the repayment of uncollected
17 overissuances of food stamp coupons to the State food
18 stamp agency.
19 (Source: P.A. 90-425, eff. 8-15-97; 90-554, eff. 12-12-97;
20 91-212, eff. 7-20-99.)
21 Section 95. No acceleration or delay. Where this Act
22 makes changes in a statute that is represented in this Act by
23 text that is not yet or no longer in effect (for example, a
24 Section represented by multiple versions), the use of that
25 text does not accelerate or delay the taking effect of (i)
26 the changes made by this Act or (ii) provisions derived from
27 any other Public Act.
28 Section 99. Effective date. This Act takes effect on
29 July 1, 2000.
-269- LRB9110276WHcs
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 100/10-65 from Ch. 127, par. 1010-65
4 5 ILCS 220/3 from Ch. 127, par. 743
5 15 ILCS 205/4 from Ch. 14, par. 4
6 15 ILCS 205/7.1 new
7 15 ILCS 205/7.5 new
8 15 ILCS 205/7.10 new
9 15 ILCS 205/7.15 new
10 15 ILCS 205/7.20 new
11 15 ILCS 205/7.25 new
12 15 ILCS 205/7.27 new
13 15 ILCS 205/7.28 new
14 15 ILCS 205/7.30 new
15 15 ILCS 205/7.35 new
16 15 ILCS 205/7.40 new
17 15 ILCS 205/7.45 new
18 15 ILCS 205/7.47 new
19 15 ILCS 205/7.50 new
20 15 ILCS 205/7.52 new
21 15 ILCS 205/7.55 new
22 15 ILCS 205/7.60 new
23 15 ILCS 205/7.62 new
24 15 ILCS 205/7.65 new
25 15 ILCS 205/7.70 new
26 15 ILCS 205/7.75 new
27 15 ILCS 205/7.80 new
28 15 ILCS 205/7.82 new
29 15 ILCS 205/7.85 new
30 15 ILCS 205/7.90 new
31 15 ILCS 205/7.95 new
32 15 ILCS 205/7.97 new
33 15 ILCS 205/7.100 new
34 15 ILCS 205/7.105 new
-270- LRB9110276WHcs
1 15 ILCS 205/7.110 new
2 15 ILCS 205/7.115 new
3 15 ILCS 205/7.120 new
4 15 ILCS 205/7.125 new
5 15 ILCS 205/7.130 new
6 15 ILCS 205/7.135 new
7 15 ILCS 205/7.140 new
8 15 ILCS 205/7.145 new
9 15 ILCS 205/7.150 new
10 15 ILCS 205/7.152 new
11 15 ILCS 205/7.155 new
12 15 ILCS 205/7.160 new
13 15 ILCS 205/7.165 new
14 15 ILCS 205/7.170 new
15 15 ILCS 205/7.172 new
16 15 ILCS 205/7.175 new
17 15 ILCS 205/7.180 new
18 15 ILCS 205/7.185 new
19 15 ILCS 205/7.190 new
20 15 ILCS 205/7.195 new
21 15 ILCS 205/7.200 new
22 15 ILCS 205/7.205 new
23 15 ILCS 205/7.210 new
24 15 ILCS 205/7.215 new
25 15 ILCS 205/7.220 new
26 15 ILCS 205/7.221 new
27 15 ILCS 205/7.223 new
28 15 ILCS 205/7.225 new
29 15 ILCS 205/7.230 new
30 15 ILCS 205/7.235 new
31 15 ILCS 205/7.240 new
32 15 ILCS 205/7.250 new
33 15 ILCS 205/7.255 new
34 15 ILCS 205/7.260 new
-271- LRB9110276WHcs
1 15 ILCS 205/7.265 new
2 15 ILCS 205/7.270 new
3 15 ILCS 205/7.275 new
4 15 ILCS 205/7.280 new
5 15 ILCS 205/7.285 new
6 15 ILCS 205/7.290 new
7 15 ILCS 205/7.292 new
8 15 ILCS 205/7.293 new
9 15 ILCS 205/7.294 new
10 15 ILCS 205/7.295 new
11 15 ILCS 405/10.05a from Ch. 15, par. 210.05a
12 20 ILCS 505/9.1 from Ch. 23, par. 5009.1
13 20 ILCS 1020/35
14 20 ILCS 1605/13 from Ch. 120, par. 1163
15 20 ILCS 2105/2105-15 was 20 ILCS 2105/60
16 20 ILCS 2505/2505-650 was 20 ILCS 2505/39b52
17 20 ILCS 2605/2605-377 was 20 ILCS 2605/55a in part
18 35 ILCS 5/901 from Ch. 120, par. 9-901
19 205 ILCS 5/48.4
20 205 ILCS 105/1-6d
21 205 ILCS 205/7007
22 205 ILCS 305/43.1
23 205 ILCS 645/20
24 215 ILCS 5/238 from Ch. 73, par. 850
25 215 ILCS 5/238.1
26 215 ILCS 5/299.1a from Ch. 73, par. 911.1a
27 215 ILCS 5/299.1b
28 215 ILCS 5/337.1
29 225 ILCS 425/2.04 from Ch. 111, par. 2005.1
30 305 ILCS 5/10-1.5 new
31 305 ILCS 5/10-21 from Ch. 23, par. 10-21
32 305 ILCS 5/12-4.7c
33 305 ILCS 5/12-9 from Ch. 23, par. 12-9
34 305 ILCS 5/12-9.1
-272- LRB9110276WHcs
1 305 ILCS 5/12-10.2 from Ch. 23, par. 12-10.2
2 305 ILCS 5/12-16 from Ch. 23, par. 12-16
3 305 ILCS 5/10-1 rep.
4 305 ILCS 5/10-2 rep.
5 305 ILCS 5/10-3 rep.
6 305 ILCS 5/10-3.1 rep.
7 305 ILCS 5/10-3.2 rep.
8 305 ILCS 5/10-3.3 rep.
9 305 ILCS 5/10-3.4 rep.
10 305 ILCS 5/10-4 rep.
11 305 ILCS 5/10-5 rep.
12 305 ILCS 5/10-6 rep.
13 305 ILCS 5/10-7 rep.
14 305 ILCS 5/10-8 rep.
15 305 ILCS 5/10-8.1 rep.
16 305 ILCS 5/10-9 rep.
17 305 ILCS 5/10-10 rep.
18 305 ILCS 5/10-10.1 rep.
19 305 ILCS 5/10-10.2 rep.
20 305 ILCS 5/10-10.3 rep.
21 305 ILCS 5/10-10.4 rep.
22 305 ILCS 5/10-10.5 rep.
23 305 ILCS 5/10-11 rep.
24 305 ILCS 5/10-11.1 rep.
25 305 ILCS 5/10-11.2 rep.
26 305 ILCS 5/10-12 rep.
27 305 ILCS 5/10-12.1 rep.
28 305 ILCS 5/10-13 rep.
29 305 ILCS 5/10-13.1 rep.
30 305 ILCS 5/10-13.2 rep.
31 305 ILCS 5/10-13.3 rep.
32 305 ILCS 5/10-13.4 rep.
33 305 ILCS 5/10-13.5 rep.
34 305 ILCS 5/10-13.6 rep.
-273- LRB9110276WHcs
1 305 ILCS 5/10-13.7 rep.
2 305 ILCS 5/10-13.8 rep.
3 305 ILCS 5/10-13.9 rep.
4 305 ILCS 5/10-13.10 rep.
5 305 ILCS 5/10-14 rep.
6 305 ILCS 5/10-14.1 rep.
7 305 ILCS 5/10-15 rep.
8 305 ILCS 5/10-16 rep.
9 305 ILCS 5/10-16.2 rep.
10 305 ILCS 5/10-16.3 rep.
11 305 ILCS 5/10-16.4 rep.
12 305 ILCS 5/10-16.5 rep.
13 305 ILCS 5/10-16.6 rep.
14 305 ILCS 5/10-17 rep.
15 305 ILCS 5/10-17.1 rep.
16 305 ILCS 5/10-17.2 rep.
17 305 ILCS 5/10-17.3 rep.
18 305 ILCS 5/10-17.4 rep.
19 305 ILCS 5/10-17.5 rep.
20 305 ILCS 5/10-17.6 rep.
21 305 ILCS 5/10-17.7 rep.
22 305 ILCS 5/10-17.8 rep.
23 305 ILCS 5/10-17.9 rep.
24 305 ILCS 5/10-17.11 rep.
25 305 ILCS 5/10-18 rep.
26 305 ILCS 5/10-19 rep.
27 305 ILCS 5/10-20 rep.
28 305 ILCS 5/10-22 rep.
29 305 ILCS 5/10-23 rep.
30 305 ILCS 5/10-24 rep.
31 305 ILCS 5/10-24.5 rep.
32 305 ILCS 5/10-24.30 rep.
33 305 ILCS 5/10-24.35 rep.
34 305 ILCS 5/10-24.40 rep.
-274- LRB9110276WHcs
1 305 ILCS 5/10-24.45 rep.
2 305 ILCS 5/10-24.50 rep.
3 305 ILCS 5/10-25 rep.
4 305 ILCS 5/10-25.5 rep.
5 305 ILCS 5/10-26 rep.
6 305 ILCS 5/10-27 rep.
7 305 ILCS 5/12-4.3 rep.
8 305 ILCS 5/12-4.20c rep.
9 410 ILCS 535/12 from Ch. 111 1/2, par. 73-12
10 410 ILCS 535/17 from Ch. 111 1/2, par. 73-17
11 410 ILCS 535/22 from Ch. 111 1/2, par. 73-22
12 515 ILCS 5/20-105 from Ch. 56, par. 20-105
13 520 ILCS 5/3.36 from Ch. 61, par. 3.36
14 625 ILCS 5/7-701
15 625 ILCS 5/7-702
16 625 ILCS 5/7-702.1
17 625 ILCS 5/7-703
18 625 ILCS 5/7-704
19 625 ILCS 5/7-705
20 625 ILCS 5/7-706
21 625 ILCS 5/7-707
22 625 ILCS 5/7-708
23 705 ILCS 205/1 from Ch. 13, par. 1
24 705 ILCS 405/6-9 from Ch. 37, par. 806-9
25 730 ILCS 5/5-7-6 from Ch. 38, par. 1005-7-6
26 735 ILCS 5/2-101 from Ch. 110, par. 2-101
27 750 ILCS 5/505 from Ch. 40, par. 505
28 750 ILCS 5/505.1 from Ch. 40, par. 505.1
29 750 ILCS 5/505.2 from Ch. 40, par. 505.2
30 750 ILCS 5/505.3
31 750 ILCS 5/507 from Ch. 40, par. 507
32 750 ILCS 5/507.1
33 750 ILCS 5/510 from Ch. 40, par. 510
34 750 ILCS 5/516 from Ch. 40, par. 516
-275- LRB9110276WHcs
1 750 ILCS 5/705 from Ch. 40, par. 705
2 750 ILCS 5/709 from Ch. 40, par. 709
3 750 ILCS 5/710 from Ch. 40, par. 710
4 750 ILCS 5/712 from Ch. 40, par. 712
5 750 ILCS 16/7
6 750 ILCS 16/20
7 750 ILCS 16/25
8 750 ILCS 16/30
9 750 ILCS 16/35
10 750 ILCS 16/50
11 750 ILCS 16/60
12 750 ILCS 22/101
13 750 ILCS 22/102
14 750 ILCS 22/310
15 750 ILCS 22/320
16 750 ILCS 25/5 from Ch. 40, par. 2705
17 750 ILCS 28/15
18 750 ILCS 28/35
19 750 ILCS 28/45
20 750 ILCS 45/4.1
21 750 ILCS 45/5 from Ch. 40, par. 2505
22 750 ILCS 45/6 from Ch. 40, par. 2506
23 750 ILCS 45/8 from Ch. 40, par. 2508
24 750 ILCS 45/11 from Ch. 40, par. 2511
25 750 ILCS 45/13 from Ch. 40, par. 2513
26 750 ILCS 45/13.1
27 750 ILCS 45/14 from Ch. 40, par. 2514
28 750 ILCS 45/14.1
29 750 ILCS 45/15.1 from Ch. 40, par. 2515.1
30 750 ILCS 45/21 from Ch. 40, par. 2521
31 750 ILCS 45/21.1
32 750 ILCS 45/22 from Ch. 40, par. 2522
33 750 ILCS 45/23 from Ch. 40, par. 2523
34 750 ILCS 60/214 from Ch. 40, par. 2312-14
-276- LRB9110276WHcs
1 820 ILCS 405/1300 from Ch. 48, par. 540