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| Public Act 098-0081
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| SB1169 Enrolled | LRB098 02588 HEP 32593 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Income Withholding for Support Act is |
amended by changing Section 20 as follows:
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(750 ILCS 28/20)
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Sec. 20. Entry of order for support containing income |
withholding
provisions; income withholding notice. |
(a) In addition to any content required under other laws, |
every order for
support entered on or after July 1, 1997, |
shall:
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(1) Require an income withholding notice to be prepared |
and served
immediately upon any payor of the obligor by the |
obligee or public office,
unless a written agreement is |
reached between and signed by both parties
providing for an |
alternative arrangement, approved and entered into the |
record
by the court, which ensures payment of support. In |
that case, the order for
support shall provide that an |
income withholding notice is to be prepared and
served only |
if the obligor becomes delinquent in paying the order for |
support;
and
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(2) Contain a dollar amount to be paid until payment in |
full of any
delinquency that accrues after entry of the |
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order for support. The amount for
payment of delinquency |
shall not be less than 20% of the total of the current
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support amount and the amount to be paid periodically for |
payment of any
arrearage stated in the order for support; |
and
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(3) Include the obligor's Social Security Number, |
which the obligor shall
disclose to the court. If the |
obligor is not a United States citizen, the
obligor shall |
disclose to the court, and the court shall include in the |
order
for support, the obligor's alien registration |
number, passport number, and home
country's social |
security or national health number, if
applicable.
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(b) At the time the order for support is entered, the Clerk |
of the Circuit
Court shall provide a copy of the order to the |
obligor and shall make copies
available to the obligee and |
public office.
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(c) The income withholding notice shall:
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(1) be in the standard format prescribed by the federal |
Department of
Health and Human Services; and
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(1.1) state the date of entry of the order for support |
upon which the
income withholding notice is based; and
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(2) direct any payor to withhold the dollar amount |
required for current
support under the order for support; |
and
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(3) direct any payor to withhold the dollar amount |
required to be paid
periodically under the order for |
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support for payment of the amount of any
arrearage stated |
in the order for support; and
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(4) direct any payor or labor union or trade union to |
enroll a child as a
beneficiary of a health insurance plan |
and withhold or cause to be withheld, if
applicable, any |
required premiums; and
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(5) state the amount of the payor income withholding |
fee specified under
this Section; and
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(6) state that the amount actually withheld from the |
obligor's income for
support and other purposes, including |
the payor withholding fee specified under
this Section, may |
not be in excess of the maximum amount permitted under the
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federal Consumer Credit Protection Act; and
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(7) in bold face type, the size of which
equals the |
largest type on the notice, state the duties of the payor |
and the fines and penalties for failure
to withhold and pay |
over income and for discharging, disciplining, refusing to
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hire, or otherwise penalizing the obligor because of the |
duty to withhold and
pay over income under this Section; |
and
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(8) state the rights, remedies, and duties of the |
obligor under this
Section; and
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(9) include the Social Security number of the obligor; |
and
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(10) (blank) include the date that withholding for |
current support terminates,
which shall be the date of |
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termination of the current support obligation set
forth in |
the order for support; and
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(11) contain the signature of the obligee or
the |
printed name and telephone number of the authorized
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representative of the public office, except that the |
failure to contain the
signature of the obligee or the |
printed name and telephone number of
the authorized |
representative of the public office shall not
affect the |
validity of the income withholding
notice; and
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(12) direct any payor to pay over amounts withheld for |
payment of support
to the State Disbursement Unit.
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(d) The accrual of a delinquency as a condition for service |
of an income
withholding notice, under the exception to |
immediate withholding in subsection
(a) of this Section, shall |
apply only to the initial service of an income
withholding |
notice on a payor of the obligor.
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(e) Notwithstanding the exception to immediate withholding |
contained in
subsection (a) of this Section, if the court finds |
at the time of any hearing
that an arrearage has accrued, the |
court shall order immediate service of an
income withholding |
notice upon the payor.
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(f) If the order for support, under the exception to |
immediate withholding
contained in subsection (a) of this |
Section, provides that an income
withholding notice is to be |
prepared and served only if the obligor becomes
delinquent in |
paying the order for support, the obligor may execute a written
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waiver of that condition and request immediate service on the |
payor.
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(g) The obligee or public office may serve the income |
withholding notice on
the payor or its superintendent, manager, |
or other agent by ordinary mail or
certified mail return |
receipt requested, by facsimile transmission or other
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electronic means, by personal delivery, or by any method |
provided by law for
service of a summons. At the time of |
service on the payor and as notice that
withholding has |
commenced, the obligee or public office shall serve a copy of
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the income withholding notice on the obligor by ordinary mail |
addressed to his
or her last known address. A copy of an income |
withholding notice and proof of service shall be filed with the |
Clerk of the Circuit Court only when necessary in connection |
with a petition to contest, modify, suspend, terminate, or |
correct an income withholding notice, an action to enforce |
income withholding against a payor, or the resolution of other |
disputes involving an income withholding notice. The changes |
made to this subsection by this amendatory Act of the 96th |
General Assembly apply on and after September 1, 2009.
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(h) At any time after the initial service of an income |
withholding notice,
any other payor of the obligor may be |
served with the same income
withholding notice without further |
notice to the obligor.
A copy of the income withholding notice |
together with a proof of service on
the other payor shall be |
filed with the Clerk of the Circuit Court.
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(i) New service of an income withholding notice is not |
required in order to
resume withholding of income in the case |
of an obligor with respect to whom an
income withholding notice |
was previously served on the payor if withholding of
income was |
terminated because of an interruption in the obligor's |
employment of
less than 180 days.
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(Source: P.A. 96-858, eff. 1-8-10; 97-994, eff. 8-17-12.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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