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91_HB4155
LRB9111788DJsb
1 AN ACT to amend certain Acts in relation to support.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Code of Civil Procedure is amended by
5 adding Section 12-704.5 as follows:
6 (735 ILCS 5/12-704.5 new)
7 Sec. 12-704.5. Support.
8 (a) In this Section:
9 "Moneys owed to an obligor" does not include any amount
10 owed to an obligor as a per diem or as reimbursement for
11 work-related expenses incurred by the obligor.
12 "Obligor" and "delinquency" have the meanings ascribed to
13 those terms in the Income Withholding for Support Act.
14 "Order for support" has the meaning ascribed to that term
15 in the Income Withholding for Support Act, except that it
16 includes only an order for the support of a child and does
17 not include an order for the maintenance of a spouse.
18 (b) Moneys owed to an obligor and property owned by an
19 obligor are not subject to garnishment under this Part 7 for
20 the purpose of satisfying an order for support unless a court
21 of competent jurisdiction has found that there is a
22 delinquency under the order for support.
23 Section 10. The Income Withholding for Support Act is
24 amended by changing Sections 15 and 20 as follows:
25 (750 ILCS 28/15)
26 Sec. 15. Definitions.
27 (a) "Order for support" means any order of the court
28 which provides for periodic payment of funds for the support
29 of a child or maintenance of a spouse, whether temporary or
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1 final, and includes any such order which provides for:
2 (1) modification or resumption of, or payment of
3 arrearage accrued under, a previously existing order;
4 (2) reimbursement of support;
5 (3) payment or reimbursement of the expenses of
6 pregnancy and delivery (for orders for support entered
7 under the Illinois Parentage Act of 1984 or its
8 predecessor the Paternity Act); or
9 (4) enrollment in a health insurance plan that is
10 available to the obligor through an employer or labor
11 union or trade union.
12 (b) "Arrearage" means the total amount of unpaid support
13 obligations as determined by the court and incorporated into
14 an order for support.
15 (b-5) "Business day" means a day on which State offices
16 are open for regular business.
17 (c) "Delinquency" means any payment under an order for
18 support which becomes due and remains unpaid after entry of
19 the order for support.
20 (d) "Income" means any form of periodic payment to an
21 individual, regardless of source, including, but not limited
22 to: wages, salary, commission, compensation as an independent
23 contractor, workers' compensation, disability, annuity,
24 pension, and retirement benefits, lottery prize awards,
25 insurance proceeds, vacation pay, bonuses, profit-sharing
26 payments, interest, and any other payments, made by any
27 person, private entity, federal or state government, any unit
28 of local government, school district or any entity created by
29 Public Act; however, "income" excludes:
30 (1) any amounts required by law to be withheld,
31 other than creditor claims, including, but not limited
32 to, federal, State and local taxes, Social Security and
33 other retirement and disability contributions;
34 (1.5) in the case of an order for the support of a
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1 child, any amount paid to an individual as a per diem or
2 as reimbursement for work-related expenses incurred by
3 the individual;
4 (2) union dues;
5 (3) any amounts exempted by the federal Consumer
6 Credit Protection Act;
7 (4) public assistance payments; and
8 (5) unemployment insurance benefits except as
9 provided by law.
10 Any other State or local laws which limit or exempt
11 income or the amount or percentage of income that can be
12 withheld shall not apply.
13 (e) "Obligor" means the individual who owes a duty to
14 make payments under an order for support.
15 (f) "Obligee" means the individual to whom a duty of
16 support is owed or the individual's legal representative.
17 (g) "Payor" means any payor of income to an obligor.
18 (h) "Public office" means any elected official or any
19 State or local agency which is or may become responsible by
20 law for enforcement of, or which is or may become authorized
21 to enforce, an order for support, including, but not limited
22 to: the Attorney General, the Illinois Department of Public
23 Aid, the Illinois Department of Human Services, the Illinois
24 Department of Children and Family Services, and the various
25 State's Attorneys, Clerks of the Circuit Court and
26 supervisors of general assistance.
27 (i) "Premium" means the dollar amount for which the
28 obligor is liable to his employer or labor union or trade
29 union and which must be paid to enroll or maintain a child in
30 a health insurance plan that is available to the obligor
31 through an employer or labor union or trade union.
32 (j) "State Disbursement Unit" means the unit established
33 to collect and disburse support payments in accordance with
34 the provisions of Section 10-26 of the Illinois Public Aid
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1 Code.
2 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
3 eff. 8-14-98; 91-212, eff. 7-20-99; 91-357, eff. 7-29-99.)
4 (750 ILCS 28/20)
5 Sec. 20. Entry of order for support containing income
6 withholding provisions; income withholding notice.
7 (a) In addition to any content required under other
8 laws, every order for support entered on or after July 1,
9 1997, shall:
10 (1) Require an income withholding notice to be
11 prepared and served immediately upon any payor of the
12 obligor by the obligee or public office, unless a written
13 agreement is reached between and signed by both parties
14 providing for an alternative arrangement, approved and
15 entered into the record by the court, which ensures
16 payment of support. In that case, the order for support
17 shall provide that an income withholding notice is to be
18 prepared and served only if the obligor becomes
19 delinquent in paying the order for support; and
20 (2) Contain a dollar amount to be paid until
21 payment in full of any delinquency that accrues after
22 entry of the order for support. The amount for payment
23 of delinquency shall not be less than 20% of the total of
24 the current support amount and the amount to be paid
25 periodically for payment of any arrearage stated in the
26 order for support; and
27 (3) Include the obligor's Social Security Number,
28 which the obligor shall disclose to the court. If the
29 obligor is not a United States citizen, the obligor shall
30 disclose to the court, and the court shall include in the
31 order for support, the obligor's alien registration
32 number, passport number, and home country's social
33 security or national health number, if applicable.
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1 (b) At the time the order for support is entered, the
2 Clerk of the Circuit Court shall provide a copy of the order
3 to the obligor and shall make copies available to the obligee
4 and public office.
5 (c) The income withholding notice shall:
6 (1) be in the standard format prescribed by the
7 federal Department of Health and Human Services; and
8 (1.1) state the date of entry of the order for
9 support upon which the income withholding notice is
10 based; and
11 (2) in the case of an order for the maintenance of
12 a spouse, direct any payor to withhold the dollar amount
13 required for current maintenance support under the order
14 for support; and
15 (2.5) in the case of an order for the support of a
16 child, direct any payor to withhold the dollar amount
17 required for current support of the child under the order
18 for support, but only if a court of competent
19 jurisdiction has found that there is a delinquency under
20 the order for support with respect to the amount ordered
21 for the support of the child; and
22 (3) direct any payor to withhold the dollar amount
23 required to be paid periodically under the order for
24 support for payment of the amount of any arrearage stated
25 in the order for support; and
26 (4) direct any payor or labor union or trade union
27 to enroll a child as a beneficiary of a health insurance
28 plan and withhold or cause to be withheld, if applicable,
29 any required premiums; and
30 (5) state the amount of the payor income
31 withholding fee specified under this Section; and
32 (6) state that the amount actually withheld from
33 the obligor's income for support and other purposes,
34 including the payor withholding fee specified under this
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1 Section, may not be in excess of the maximum amount
2 permitted under the federal Consumer Credit Protection
3 Act; and
4 (7) state the duties of the payor and the fines and
5 penalties for failure to withhold and pay over income and
6 for discharging, disciplining, refusing to hire, or
7 otherwise penalizing the obligor because of the duty to
8 withhold and pay over income under this Section; and
9 (8) state the rights, remedies, and duties of the
10 obligor under this Section; and
11 (9) include the Social Security Numbers of the
12 obligor, the obligee, and the child or children included
13 in the order for support; and
14 (10) include the date that withholding for current
15 support terminates, which shall be the date of
16 termination of the current support obligation set forth
17 in the order for support; and
18 (11) contain the signature of the obligee or the
19 printed name and telephone number of the authorized
20 representative of the public office, except that the
21 failure to contain the signature of the obligee or the
22 printed name and telephone number of the authorized
23 representative of the public office shall not affect the
24 validity of the income withholding notice; and
25 (12) direct any payor to pay over amounts withheld
26 for payment of support to the State Disbursement Unit.
27 (d) The accrual of a delinquency as a condition for
28 service of an income withholding notice, under the exception
29 to immediate withholding in subsection (a) of this Section,
30 shall apply only to the initial service of an income
31 withholding notice on a payor of the obligor.
32 (e) Notwithstanding the exception to immediate
33 withholding contained in subsection (a) of this Section, if
34 the court finds at the time of any hearing that an arrearage
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1 has accrued, the court shall order immediate service of an
2 income withholding notice upon the payor.
3 (f) If the order for support, under the exception to
4 immediate withholding contained in subsection (a) of this
5 Section, provides that an income withholding notice is to be
6 prepared and served only if the obligor becomes delinquent in
7 paying the order for support, the obligor may execute a
8 written waiver of that condition and request immediate
9 service on the payor.
10 (g) The obligee or public office may serve the income
11 withholding notice on the payor or its superintendent,
12 manager, or other agent by ordinary mail or certified mail
13 return receipt requested, by facsimile transmission or other
14 electronic means, by personal delivery, or by any method
15 provided by law for service of a summons. At the time of
16 service on the payor and as notice that withholding has
17 commenced, the obligee or public office shall serve a copy of
18 the income withholding notice on the obligor by ordinary mail
19 addressed to his or her last known address. A copy of the
20 income withholding notice together with proofs of service on
21 the payor and the obligor shall be filed with the Clerk of
22 the Circuit Court.
23 (h) At any time after the initial service of an income
24 withholding notice, any other payor of the obligor may be
25 served with the same income withholding notice without
26 further notice to the obligor. A copy of the income
27 withholding notice together with a proof of service on the
28 other payor shall be filed with the Clerk of the Circuit
29 Court.
30 (i) New service of an income withholding notice is not
31 required in order to resume withholding of income in the case
32 of an obligor with respect to whom an income withholding
33 notice was previously served on the payor if withholding of
34 income was terminated because of an interruption in the
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1 obligor's employment of less than 180 days.
2 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
3 eff. 8-14-98; 91-212, eff. 7-20-99; 91-357, eff. 7-29-99.)