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92_HB1403
LRB9203997WHpc
1 AN ACT concerning family law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Marriage and Dissolution of
5 Marriage Act is amended by changing Section 507 as follows:
6 (750 ILCS 5/507) (from Ch. 40, par. 507)
7 Sec. 507. Payment of maintenance or support to court.
8 (a) In actions instituted under this Act, the court
9 shall order that maintenance and support payments be made to
10 the clerk of the circuit court as trustee for remittance to
11 the person entitled to receive the payments. However, the
12 court in its discretion may direct otherwise where
13 circumstances so warrant.
14 Upon notification in writing or by electronic
15 transmission from the Illinois Department of Public Aid to
16 the clerk of the court that a person who is receiving support
17 payments under this Section is receiving services under the
18 Child Support Enforcement Program established by Title IV-D
19 of the Social Security Act, any support payments subsequently
20 received by the clerk of the court shall be transmitted in
21 accordance with the instructions of the Illinois Department
22 of Public Aid until the Department gives notice to the clerk
23 of the court to cease the transmittal. After providing the
24 notification authorized under this paragraph, the Illinois
25 Department of Public Aid shall be entitled as a party to
26 notice of any further proceedings in the case. The clerk of
27 the court shall file a copy of the Illinois Department of
28 Public Aid's notification in the court file. The failure of
29 the clerk to file a copy of the notification in the court
30 file shall not, however, affect the Illinois Department of
31 Public Aid's right to receive notice of further proceedings.
-2- LRB9203997WHpc
1 (b) The clerk of court shall maintain records listing
2 the amount of payments, the date payments are required to be
3 made and the names and addresses of the parties affected by
4 the order. For those cases in which support is payable to the
5 clerk of the circuit court for transmittal to the Illinois
6 Department of Public Aid by order of the court or upon
7 notification of the Illinois Department of Public Aid, and
8 the Illinois Department of Public Aid collects support by
9 assignment, offset, withholding, deduction or other process
10 permitted by law, the Illinois Department shall notify the
11 clerk of the date and amount of such collection. Upon
12 notification, the clerk shall record the collection on the
13 payment record for the case.
14 (c) The parties affected by the order shall inform the
15 clerk of court of any change of address or of other condition
16 that may affect the administration of the order.
17 (d) The provisions of this Section shall not apply to
18 cases that come under the provisions of Sections 709 through
19 712.
20 (e) To the extent the provisions of this Section are
21 inconsistent with the requirements pertaining to the State
22 Disbursement Unit under Section 507.1 of this Act and Section
23 10-26 of the Illinois Public Aid Code, the requirements
24 pertaining to the State Disbursement Unit shall apply.
25 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
26 90-790, eff. 8-14-98; 91-212, eff. 7-20-99; 91-357, eff.
27 7-29-99.)