Bill Text: IL SB0931 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Illinois Marriage and Dissolution of Marriage Act. Makes a technical change in a Section concerning the payment of support or maintenance to the clerk of the circuit court.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2010-01-08 - Public Act . . . . . . . . . 96-0858 [SB0931 Detail]
Download: Illinois-2009-SB0931-Enrolled.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Income Withholding for Support Act is | ||||||
5 | amended by changing Sections 20 and 22 as follows:
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6 | (750 ILCS 28/20)
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7 | Sec. 20. Entry of order for support containing income | ||||||
8 | withholding
provisions; income withholding notice. | ||||||
9 | (a) In addition to any content required under other laws, | ||||||
10 | every order for
support entered on or after July 1, 1997, | ||||||
11 | shall:
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12 | (1) Require an income withholding notice to be prepared | ||||||
13 | and served
immediately upon any payor of the obligor by the | ||||||
14 | obligee or public office,
unless a written agreement is | ||||||
15 | reached between and signed by both parties
providing for an | ||||||
16 | alternative arrangement, approved and entered into the | ||||||
17 | record
by the court, which ensures payment of support. In | ||||||
18 | that case, the order for
support shall provide that an | ||||||
19 | income withholding notice is to be prepared and
served only | ||||||
20 | if the obligor becomes delinquent in paying the order for | ||||||
21 | support;
and
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22 | (2) Contain a dollar amount to be paid until payment in | ||||||
23 | full of any
delinquency that accrues after entry of the |
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1 | order for support. The amount for
payment of delinquency | ||||||
2 | shall not be less than 20% of the total of the current
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3 | support amount and the amount to be paid periodically for | ||||||
4 | payment of any
arrearage stated in the order for support; | ||||||
5 | and
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6 | (3) Include the obligor's Social Security Number, | ||||||
7 | which the obligor shall
disclose to the court. If the | ||||||
8 | obligor is not a United States citizen, the
obligor shall | ||||||
9 | disclose to the court, and the court shall include in the | ||||||
10 | order
for support, the obligor's alien registration | ||||||
11 | number, passport number, and home
country's social | ||||||
12 | security or national health number, if
applicable.
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13 | (b) At the time the order for support is entered, the Clerk | ||||||
14 | of the Circuit
Court shall provide a copy of the order to the | ||||||
15 | obligor and shall make copies
available to the obligee and | ||||||
16 | public office.
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17 | (c) The income withholding notice shall:
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18 | (1) be in the standard format prescribed by the federal | ||||||
19 | Department of
Health and Human Services; and
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20 | (1.1) state the date of entry of the order for support | ||||||
21 | upon which the
income withholding notice is based; and
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22 | (2) direct any payor to withhold the dollar amount | ||||||
23 | required for current
support under the order for support; | ||||||
24 | and
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25 | (3) direct any payor to withhold the dollar amount | ||||||
26 | required to be paid
periodically under the order for |
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1 | support for payment of the amount of any
arrearage stated | ||||||
2 | in the order for support; and
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3 | (4) direct any payor or labor union or trade union to | ||||||
4 | enroll a child as a
beneficiary of a health insurance plan | ||||||
5 | and withhold or cause to be withheld, if
applicable, any | ||||||
6 | required premiums; and
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7 | (5) state the amount of the payor income withholding | ||||||
8 | fee specified under
this Section; and
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9 | (6) state that the amount actually withheld from the | ||||||
10 | obligor's income for
support and other purposes, including | ||||||
11 | the payor withholding fee specified under
this Section, may | ||||||
12 | not be in excess of the maximum amount permitted under the
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13 | federal Consumer Credit Protection Act; and
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14 | (7) state the duties of the payor and the fines and | ||||||
15 | penalties for failure
to withhold and pay over income and | ||||||
16 | for discharging, disciplining, refusing to
hire, or | ||||||
17 | otherwise penalizing the obligor because of the duty to | ||||||
18 | withhold and
pay over income under this Section; and
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19 | (8) state the rights, remedies, and duties of the | ||||||
20 | obligor under this
Section; and
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21 | (9) include the Social Security number of the obligor; | ||||||
22 | and
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23 | (10) include the date that withholding for current | ||||||
24 | support terminates,
which shall be the date of termination | ||||||
25 | of the current support obligation set
forth in the order | ||||||
26 | for support; and
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1 | (11) contain the signature of the obligee or
the | ||||||
2 | printed name and telephone number of the authorized
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3 | representative of the public office, except that the | ||||||
4 | failure to contain the
signature of the obligee or the | ||||||
5 | printed name and telephone number of
the authorized | ||||||
6 | representative of the public office shall not
affect the | ||||||
7 | validity of the income withholding
notice; and
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8 | (12) direct any payor to pay over amounts withheld for | ||||||
9 | payment of support
to the State Disbursement Unit.
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10 | (d) The accrual of a delinquency as a condition for service | ||||||
11 | of an income
withholding notice, under the exception to | ||||||
12 | immediate withholding in subsection
(a) of this Section, shall | ||||||
13 | apply only to the initial service of an income
withholding | ||||||
14 | notice on a payor of the obligor.
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15 | (e) Notwithstanding the exception to immediate withholding | ||||||
16 | contained in
subsection (a) of this Section, if the court finds | ||||||
17 | at the time of any hearing
that an arrearage has accrued, the | ||||||
18 | court shall order immediate service of an
income withholding | ||||||
19 | notice upon the payor.
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20 | (f) If the order for support, under the exception to | ||||||
21 | immediate withholding
contained in subsection (a) of this | ||||||
22 | Section, provides that an income
withholding notice is to be | ||||||
23 | prepared and served only if the obligor becomes
delinquent in | ||||||
24 | paying the order for support, the obligor may execute a written
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25 | waiver of that condition and request immediate service on the | ||||||
26 | payor.
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1 | (g) The obligee or public office may serve the income | ||||||
2 | withholding notice on
the payor or its superintendent, manager, | ||||||
3 | or other agent by ordinary mail or
certified mail return | ||||||
4 | receipt requested, by facsimile transmission or other
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5 | electronic means, by personal delivery, or by any method | ||||||
6 | provided by law for
service of a summons. At the time of | ||||||
7 | service on the payor and as notice that
withholding has | ||||||
8 | commenced, the obligee or public office shall serve a copy of
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9 | the income withholding notice on the obligor by ordinary mail | ||||||
10 | addressed to his
or her last known address. A copy of an income | ||||||
11 | withholding notice and proof of service shall be filed with the | ||||||
12 | Clerk of the Circuit Court only when necessary in connection | ||||||
13 | with a petition to contest, modify, suspend, terminate, or | ||||||
14 | correct an income withholding notice, an action to enforce | ||||||
15 | income withholding against a payor, or the resolution of other | ||||||
16 | disputes involving an income withholding notice. The changes | ||||||
17 | made to this subsection by this amendatory Act of the 96th | ||||||
18 | General Assembly apply on and after September 1, 2009. A copy | ||||||
19 | of the income withholding notice together
with proofs of | ||||||
20 | service on the payor and the obligor shall be filed with the
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21 | Clerk of the Circuit Court.
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22 | (h) At any time after the initial service of an income | ||||||
23 | withholding notice,
any other payor of the obligor may be | ||||||
24 | served with the same income
withholding notice without further | ||||||
25 | notice to the obligor.
A copy of the income withholding notice | ||||||
26 | together with a proof of service on
the other payor shall be |
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1 | filed with the Clerk of the Circuit Court.
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2 | (i) New service of an income withholding notice is not | ||||||
3 | required in order to
resume withholding of income in the case | ||||||
4 | of an obligor with respect to whom an
income withholding notice | ||||||
5 | was previously served on the payor if withholding of
income was | ||||||
6 | terminated because of an interruption in the obligor's | ||||||
7 | employment of
less than 180 days.
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8 | (Source: P.A. 94-43, eff. 1-1-06.)
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9 | (750 ILCS 28/22)
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10 | Sec. 22. Use of National Medical Support Notice to enforce | ||||||
11 | health
insurance coverage.
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12 | (a) Notwithstanding the provisions of subdivision (c)(4) | ||||||
13 | of Section 20, when
an order for support is being enforced by | ||||||
14 | the Title IV-D Agency under this Act,
any requirement for | ||||||
15 | health insurance coverage to be provided through an
employer, | ||||||
16 | including withholding of premiums from the income of the | ||||||
17 | obligor,
shall be enforced through use of a National Medical | ||||||
18 | Support Notice instead
of through provisions in an income | ||||||
19 | withholding notice.
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20 | (b) A National Medical Support Notice may be served on the | ||||||
21 | employer in the
manner and under the circumstances provided for | ||||||
22 | serving an income withholding
notice under this Act, except | ||||||
23 | that an order for support that conditions service
of an income | ||||||
24 | withholding notice on the obligor becoming delinquent in paying
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25 | the order for support, as provided under subdivision (a)(1) of |
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1 | Section 20,
shall not prevent immediate service of a National | ||||||
2 | Medical Support Notice by the
Title IV-D Agency. The Title IV-D | ||||||
3 | Agency may serve a National Medical Support
Notice on an | ||||||
4 | employer in conjunction with service of an income withholding
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5 | notice. Service of an income withholding notice is not a | ||||||
6 | condition for service
of a National Medical Support Notice, | ||||||
7 | however.
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8 | (c) At the time of service of a National Medical Support | ||||||
9 | Notice on the
employer, the Title IV-D Agency shall
serve
a | ||||||
10 | copy of the Notice on the obligor by ordinary mail
addressed to | ||||||
11 | the obligor's last known address. A copy of a National Medical | ||||||
12 | Support Notice and proof of service shall be filed with the | ||||||
13 | Clerk of the Circuit Court only when necessary in connection | ||||||
14 | with a petition to contest, modify, suspend, terminate, or | ||||||
15 | correct a National Medical Support Notice, an action to enforce | ||||||
16 | compliance with a National Medical Support Notice, or the | ||||||
17 | resolution of other disputes involving a National Medical | ||||||
18 | Support Notice. The changes made to this subsection by this | ||||||
19 | amendatory Act of the 96th General Assembly apply on and after | ||||||
20 | September 1, 2009. The Title IV-D Agency shall file
a copy of | ||||||
21 | the National Medical Support Notice, together with proofs of | ||||||
22 | service
on the employer and the obligor, with the clerk of the | ||||||
23 | circuit court.
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24 | (d) Within 20 business days after the date of a National | ||||||
25 | Medical Support
Notice, an employer served with the Notice | ||||||
26 | shall
transfer
the severable notice to plan administrator to |
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1 | the appropriate group health plan
providing any health | ||||||
2 | insurance coverage for which the child is eligible.
As
required | ||||||
3 | in the part of the National Medical Support Notice directed to | ||||||
4 | the
employer, the employer shall withhold any employee premium | ||||||
5 | necessary for
coverage of the child and shall send any amount
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6 | withheld directly to the plan. The employer shall commence the | ||||||
7 | withholding no
later than the next payment of income that | ||||||
8 | occurs 14 days following the date
the National Medical Support | ||||||
9 | Notice was mailed, sent by facsimile or other
electronic means, | ||||||
10 | or placed for personal delivery to or service on the
employer.
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11 | Notwithstanding the requirement to withhold premiums from | ||||||
12 | the
obligor's income, if the plan administrator informs the | ||||||
13 | employer that the child
is enrolled in an option under the plan | ||||||
14 | for which the employer has determined
that the obligor's | ||||||
15 | premium exceeds the amount that may be withheld from the
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16 | obligor's income due to the withholding limitation or | ||||||
17 | prioritization contained
in Section 35 of this Act, the | ||||||
18 | employer shall complete the appropriate item in
the part of
the | ||||||
19 | National
Medical Support Notice directed to the employer | ||||||
20 | according to the instructions
in the Notice and shall return | ||||||
21 | that part to the Title IV-D Agency.
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22 | (e) If one of the following circumstances exists, an | ||||||
23 | employer served with a
National Medical Support Notice shall | ||||||
24 | complete the part of the
Notice directed to the employer in | ||||||
25 | accordance with the instructions in
the Notice and shall return | ||||||
26 | that part to the Title IV-D Agency within 20
business days |
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1 | after the date of the Notice:
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2 | (1) The employer does not maintain or contribute to | ||||||
3 | plans providing
dependent or family health insurance | ||||||
4 | coverage.
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5 | (2) The obligor is among a class of employees that is | ||||||
6 | not eligible for
family health insurance coverage under any | ||||||
7 | group health plan maintained by the
employer or to which | ||||||
8 | the employer contributes.
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9 | (3) Health insurance coverage is not available because | ||||||
10 | the obligor is no
longer employed by the employer.
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11 | (f) The administrator of a health insurance plan to whom an | ||||||
12 | employer has
transferred the severable notice to plan | ||||||
13 | administrator part of a National
Medical Support Notice shall | ||||||
14 | complete that part with the health insurance
coverage | ||||||
15 | information required under the instructions in the Notice and | ||||||
16 | shall
return that part to the Title IV-D Agency within 40 | ||||||
17 | business days after the
date of the Notice.
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18 | (g) The obligor may contest withholding under this Section | ||||||
19 | based only on a
mistake of fact and may contest withholding by | ||||||
20 | filing a petition with the clerk
of the circuit court within
20 | ||||||
21 | days after
service of a copy of the National Medical Support | ||||||
22 | Notice on the obligor. The
obligor must serve a copy of the | ||||||
23 | petition on the Title IV-D Agency at the
address stated in the | ||||||
24 | National Medical Support Notice. The National Medical
Support | ||||||
25 | Notice, including the requirement to withhold any required | ||||||
26 | premium,
shall continue to be binding on the employer until the |
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1 | employer is served
with a court order resolving the contest or | ||||||
2 | until notified by the Title
IV-D Agency.
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3 | (h) Whenever the obligor is no longer receiving income from | ||||||
4 | the employer,
the
employer shall return a copy of the National | ||||||
5 | Medical Support Notice to the
Title IV-D Agency and shall | ||||||
6 | provide information for the purpose of enforcing
health | ||||||
7 | insurance coverage under this Section.
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8 | (i) The Title IV-D Agency shall promptly notify the | ||||||
9 | employer when there is
no
longer a current order for health | ||||||
10 | insurance coverage in effect which the Title
IV-D Agency is | ||||||
11 | responsible for enforcing.
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12 | (j) Unless stated otherwise in this Section, all of the | ||||||
13 | provisions of this
Act relating to income withholding for | ||||||
14 | support shall pertain to income
withholding for health | ||||||
15 | insurance coverage under a National Medical Support
Notice, | ||||||
16 | including but not limited to the duties of the employer and | ||||||
17 | obligor,
and the penalties contained in Section 35 and Section | ||||||
18 | 50. In addition, an
employer who willfully fails to transfer | ||||||
19 | the severable notice to plan
administrator part of a National | ||||||
20 | Medical Support Notice to the appropriate
group
health plan | ||||||
21 | providing health insurance coverage for which the child is
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22 | eligible, within 20 business days after the date of the
Notice, | ||||||
23 | is liable for the full amount of medical expenses incurred by
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24 | or on behalf of the child which would have been paid or | ||||||
25 | reimbursed by the
health insurance coverage had the severable | ||||||
26 | notice to plan administrator part
of the Notice been timely |
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1 | transferred to the group
health insurance plan. This penalty | ||||||
2 | may be collected in a civil action that may
be brought against | ||||||
3 | the employer in favor of the obligee or the Title IV-D
Agency.
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4 | (k) To the extent that any other State or local law may be | ||||||
5 | construed to
limit
or prevent compliance by an employer or | ||||||
6 | health insurance plan administrator
with the requirements of | ||||||
7 | this Section and federal law and regulations
pertaining to the | ||||||
8 | National Medical Support Notice, that State or local law
shall | ||||||
9 | not apply.
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10 | (l) As the Title IV-D Agency, the Department of Healthcare | ||||||
11 | and Family Services shall adopt any
rules necessary for use of | ||||||
12 | and compliance with the National Medical Support
Notice.
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13 | (Source: P.A. 95-331, eff. 8-21-07.)
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 |