Bill Text: IL HB3465 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Non-Support Punishment Act. Beginning July 1, 2028, allows payments for support to the State Disbursement Unit to be made via an electronic funds transfer. Requires the State Disbursement Unit to establish a system to accept payments via an electronic funds transfer by July 1, 2028.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB3465 Detail]

Download: Illinois-2023-HB3465-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3465 Introduced , by Rep. Tim Ozinga SYNOPSIS AS INTRODUCED:
750 ILCS 16/25
Amends the Non-Support Punishment Act. Beginning July 1, 2028, allows payments for support to the State Disbursement Unit to be made via an electronic funds transfer. Requires the State Disbursement Unit to establish a system to accept payments via an electronic funds transfer by July 1, 2028.
LRB103 30477 LNS 56910 b
A BILL FOR
HB3465 LRB103 30477 LNS 56910 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Non-Support Punishment Act is amended by
changing Section 25 as follows:
(750 ILCS 16/25)
Sec. 25. Payment of support to State Disbursement Unit;
clerk of the court.
(a) As used in this Section, "order for support",
"obligor", "obligee", and "payor" mean those terms as defined
in the Income Withholding for Support Act.
(b) Each order for support entered or modified under
Section 20 of this Act shall require that support payments be
made to the State Disbursement Unit established under the
Illinois Public Aid Code, under the following circumstances:
(1) when a party to the order is receiving child
support enforcement services under Article X of the
Illinois Public Aid Code; or
(2) when no party to the order is receiving child
support enforcement services, but the support payments are
made through income withholding.
(b-5) Beginning July 1, 2028, payments made under
subsection (b) to the State Disbursement Unit may be made via

HB3465 - 2 - LRB103 30477 LNS 56910 b
an electronic funds transfer. The State Disbursement Unit
shall establish a system to accept payments via an electronic
funds transfer by July 1, 2028.
(c) When no party to the order is receiving child support
enforcement services, and payments are not being made through
income withholding, the court shall order the obligor to make
support payments to the clerk of the court.
(d) At any time, and notwithstanding the existence of an
order directing payments to be made elsewhere, the Department
of Healthcare and Family Services may provide notice to the
obligor and, where applicable, to the obligor's payor:
(1) to make support payments to the State Disbursement
Unit if:
(A) a party to the order for support is receiving
child support enforcement services under Article X of
the Illinois Public Aid Code; or
(B) no party to the order for support is receiving
child support enforcement services under Article X of
the Illinois Public Aid Code, but the support payments
are made through income withholding; or
(2) to make support payments to the State Disbursement
Unit of another state upon request of another state's
Title IV-D child support enforcement agency, in accordance
with the requirements of Title IV, Part D of the Social
Security Act and regulations promulgated under that Part
D.

HB3465 - 3 - LRB103 30477 LNS 56910 b
The Department of Healthcare and Family Services shall
provide a copy of the notice to the obligee and to the clerk of
the circuit court.
(e) If a State Disbursement Unit as specified by federal
law has not been created in Illinois upon the effective date of
this Act, then, until the creation of a State Disbursement
Unit as specified by federal law, the following provisions
regarding payment and disbursement of support payments shall
control and the provisions in subsections (a), (b), (c), and
(d) shall be inoperative. Upon the creation of a State
Disbursement Unit as specified by federal law, the payment and
disbursement provisions of subsections (a), (b), (c), and (d)
shall control, and this subsection (e) shall be inoperative to
the extent that it conflicts with those subsections.
(1) In cases in which an order for support is entered
under Section 20 of this Act, the court shall order that
maintenance and support payments be made to the clerk of
the court for remittance to the person or agency entitled
to receive the payments. However, the court in its
discretion may direct otherwise where exceptional
circumstances so warrant.
(2) The court shall direct that support payments be
sent by the clerk to (i) the Department of Healthcare and
Family Services if the person in whose behalf payments are
made is receiving aid under Articles III, IV, or V of the
Illinois Public Aid Code, or child support enforcement

HB3465 - 4 - LRB103 30477 LNS 56910 b
services under Article X of the Code, or (ii) to the local
governmental unit responsible for the support of the
person if he or she is a recipient under Article VI of the
Code. In accordance with federal law and regulations, the
Department of Healthcare and Family Services may continue
to collect current maintenance payments or child support
payments, or both, after those persons cease to receive
public assistance and until termination of services under
Article X of the Illinois Public Aid Code. The Department
shall pay the net amount collected to those persons after
deducting any costs incurred in making the collection or
any collection fee from the amount of any recovery made.
The order shall permit the Department of Healthcare and
Family Services or the local governmental unit, as the
case may be, to direct that support payments be made
directly to the spouse, children, or both, or to some
person or agency in their behalf, upon removal of the
spouse or children from the public aid rolls or upon
termination of services under Article X of the Illinois
Public Aid Code; and upon such direction, the Department
or the local governmental unit, as the case requires,
shall give notice of such action to the court in writing or
by electronic transmission.
(3) The clerk of the court shall establish and
maintain current records of all moneys received and
disbursed and of delinquencies and defaults in required

HB3465 - 5 - LRB103 30477 LNS 56910 b
payments. The court, by order or rule, shall make
provision for the carrying out of these duties.
(4) (Blank).
(5) Payments under this Section to the Department of
Healthcare and Family Services pursuant to the Child
Support Enforcement Program established by Title IV-D of
the Social Security Act shall be paid into the Child
Support Enforcement Trust Fund. All other payments under
this Section to the Department of Healthcare and Family
Services shall be deposited in the Public Assistance
Recoveries Trust Fund. Disbursements from these funds
shall be as provided in the Illinois Public Aid Code.
Payments received by a local governmental unit shall be
deposited in that unit's General Assistance Fund.
(6) For those cases in which child support is payable
to the clerk of the circuit court for transmittal to the
Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid) by order of court or
upon notification by the Department of Healthcare and
Family Services (formerly Illinois Department of Public
Aid), the clerk shall transmit all such payments, within 4
working days of receipt, to insure that funds are
available for immediate distribution by the Department to
the person or entity entitled thereto in accordance with
standards of the Child Support Enforcement Program
established under Title IV-D of the Social Security Act.

HB3465 - 6 - LRB103 30477 LNS 56910 b
The clerk shall notify the Department of the date of
receipt and amount thereof at the time of transmittal.
Where the clerk has entered into an agreement of
cooperation with the Department to record the terms of
child support orders and payments made thereunder directly
into the Department's automated data processing system,
the clerk shall account for, transmit and otherwise
distribute child support payments in accordance with such
agreement in lieu of the requirements contained herein.
(Source: P.A. 94-88, eff. 1-1-06; 95-331, eff. 8-21-07.)