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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3078 Introduced 2/2/2024, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
| | | Amends the Income Withholding for Support Act. Allows the obligor, at any time, to provide evidence of a change in circumstances to the Department of Healthcare and Family Services through an online portal. Provides that, if the Department determines that the obligor is entitled to relief under the modification provisions of this Act, the Department shall petition the court on behalf of the obligor. |
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| | A BILL FOR |
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| | SB3078 | | LRB103 37956 JRC 68088 b |
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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 Section 40 as follows:
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6 | | (750 ILCS 28/40) |
7 | | Sec. 40. Petitions to contest withholding or to modify, |
8 | | suspend, terminate, or correct income withholding notices. |
9 | | (a) When an obligor files a petition to contest |
10 | | withholding, the court, after due notice to all parties, shall |
11 | | hear the matter as soon as practicable and shall enter an order |
12 | | granting or denying relief, ordering service of an amended |
13 | | income withholding notice, where applicable, or otherwise |
14 | | resolving the matter. |
15 | | The court shall deny the obligor's petition if the court |
16 | | finds that when the income withholding notice was mailed, sent |
17 | | by facsimile transmission or other electronic means, or placed |
18 | | for personal delivery to or service on the payor: |
19 | | (1) a delinquency existed; or |
20 | | (2) the parties' written agreement providing an |
21 | | alternative arrangement to immediate withholding under |
22 | | subsection (a) of Section 20 no longer ensured payment of |
23 | | support. |