2023 Illinois Compiled Statutes › Chapter 750 - FAMILIES › 750 ILCS 28/ - Income Withholding for Support Act.

(750 ILCS 28/1)
Sec. 1. 
		Short title. 
		This Act may be cited as the Income Withholding for Support Act.
(Source: P.A. 90-673, eff. 1-1-99.)
(750 ILCS 28/5)
Sec. 5. 
		Purpose; intent. 
		This Act consolidates into a single new Act
the lengthy and nearly identical provisions relating to income withholding for
support that were formerly contained in Section 10-16.2 of the Illinois Public
Aid Code, Section 706.1 of the Illinois Marriage and Dissolution of Marriage
Act, Section 4.1 of the Non-Support of Spouse and Children Act, and Section
20 of the Illinois Parentage Act of 1984.  It also divides the consolidated
provisions into smaller Sections for ease of use and future amendment and
makes technical corrections.  This Act is intended as a continuation of the
consolidated provisions, and the consolidation is not intended to make any
substantive change in the law nor to affect any order issued under any of the
consolidated provisions.
(Source: P.A. 90-673, eff. 1-1-99.)
(750 ILCS 28/15)
Sec. 15. Definitions.
(a) "Order for support" means any order of the court
which provides for periodic payment of funds for the support of a child
or maintenance of a spouse, whether temporary or final, and includes any
such order which provides for:
(1) modification or resumption of, or payment of     arrearage, including interest, accrued under, a previously existing order;
(2) reimbursement of support;
(3) payment or reimbursement of the expenses of     pregnancy and delivery (for orders for support entered under the Illinois Parentage Act of 1984 or its predecessor the Paternity Act or under the Illinois Parentage Act of 2015); or
(4) enrollment in a health insurance plan that is     available to the obligor through an employer or labor union or trade union.
(b) "Arrearage" means the total amount of unpaid support obligations, including interest,
as determined by the court and incorporated into an order for support.
(b-5) "Business day" means a day on which State offices are open for
regular business.
(c) "Delinquency" means any payment, including a payment of interest, under an order for support
which
becomes due and remains unpaid after entry of the order for
support.
(d) "Income" means any form of periodic payment to an individual,
regardless of source, including, but not limited to: wages, salary,
commission, compensation as an independent contractor, workers'
compensation, disability, annuity, pension, and retirement benefits,
lottery prize
awards, insurance proceeds, vacation pay, bonuses, profit-sharing payments, severance pay,
interest,
and any other payments, made by any person, private entity, federal or
state government, any unit of local government, school district or any
entity created by Public Act; however, "income" excludes:
(1) any amounts required by law to be withheld, other     than creditor claims, including, but not limited to, federal, State and local taxes, Social Security and other retirement and disability contributions;
(2) union dues;
(3) any amounts exempted by the federal Consumer     Credit Protection Act;
(4) public assistance payments; and
(5) unemployment insurance benefits except as     provided by law.
Any other State or local laws which limit or exempt income or the amount
or percentage of income that can be withheld shall not apply.
(e) "Obligor" means the individual who owes a duty to make payments under an
order for support.
(f) "Obligee" means the individual to whom a duty of support is owed or
the individual's legal representative.
(g) "Payor" means any payor of income to an obligor.
(h) "Public office" means any elected official or any State or local agency
which is or may become responsible by law for enforcement of, or which
is or may become authorized to enforce, an order for support, including,
but not limited to: the Attorney General, the Illinois Department of Healthcare and Family Services, the Illinois Department of Human Services,
the Illinois Department of Children and Family Services, and the various
State's Attorneys, Clerks of the Circuit Court and supervisors of general
assistance.
(i) "Premium" means the dollar amount for which the obligor is liable
to his employer or labor union or trade union and which must be paid to enroll
or maintain a child in a health insurance plan that is available to the obligor
through an employer or labor union or trade union.
(j) "State Disbursement Unit" means the unit established to collect and
disburse support payments in accordance with the provisions of Section 10-26 of
the Illinois Public Aid Code.
(k) "Title IV-D Agency" means the agency of this State charged by law with
the duty to administer the child support enforcement program established under
Title IV, Part D of the Social Security Act and Article X of the Illinois
Public Aid Code.
(l) "Title IV-D case" means a case in which an obligee or obligor is
receiving child support enforcement services under Title IV, Part D of the
Social Security Act and Article X of the Illinois Public Aid Code.
(m) "National Medical Support Notice" means the notice required for
enforcement of orders for support providing for health insurance coverage of a
child under Title IV, Part D of the Social Security Act, the Employee
Retirement Income Security Act of 1974, and federal regulations promulgated
under those Acts.
(n) "Employer" means a payor or labor union or trade union with an employee
group health insurance plan and, for purposes of the National Medical Support
Notice, also includes but is not limited to:
(1) any State or local governmental agency with a     group health plan; and
(2) any payor with a group health plan or "church     plan" covered under the Employee Retirement Income Security Act of 1974.
(Source: P.A. 99-85, eff. 1-1-16.)
(750 ILCS 28/20)
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:
(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
(2) Contain a dollar amount to be paid until payment     in full of any delinquency that accrues after entry of the order for support.  The amount for payment of delinquency shall not be less than 20% of the total of the current support amount and the amount to be paid periodically for payment of any arrearage stated in the order for support; and
(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.
(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.
(c) The income withholding notice shall:
(1) be in the standard format prescribed by the     federal Department of Health and Human Services; and
(1.1) state the date of entry of the order for     support upon which the income withholding notice is based; and
(2) direct any payor to withhold the dollar amount     required for current support under the order for support; and
(3) direct any payor to withhold the dollar amount     required to be paid periodically under the order for support for payment of the amount of any arrearage stated in the order for support; and
(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
(5) state the amount of the payor income withholding     fee specified under this Section; and
(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 federal Consumer Credit Protection Act; and
(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 hire, or otherwise penalizing the obligor because of the duty to withhold and pay over income under this Section; and
(8) state the rights, remedies, and duties of the     obligor under this Section; and
(9) include the Social Security number of the     obligor; and
(10) (blank); and
(11) contain the signature of the obligee or the     printed name and telephone number of the authorized 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
(12) direct any payor to pay over amounts withheld     for payment of support to the State Disbursement Unit.
(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.
(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.
(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
waiver of that condition and request immediate service on the payor.
(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
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
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.
(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.
(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.
(Source: P.A. 97-994, eff. 8-17-12; 98-81, eff. 7-15-13.)
(750 ILCS 28/22)
Sec. 22. Use of National Medical Support Notice to enforce health
insurance coverage.
(a) Notwithstanding the provisions of subdivision (c)(4) of Section 20, when
an order for support is being enforced by the Title IV-D Agency under this Act,
any requirement for health insurance coverage to be provided through an
employer, including withholding of premiums from the income of the obligor,
shall be enforced through use of a National Medical Support Notice instead
of through provisions in an income withholding notice.
(b) A National Medical Support Notice may be served on the employer in the
manner and under the circumstances provided for serving an income withholding
notice under this Act, except that an order for support that conditions service
of an income withholding notice on the obligor becoming delinquent in paying
the order for support, as provided under subdivision (a)(1) of Section 20,
shall not prevent immediate service of a National Medical Support Notice by the
Title IV-D Agency. The Title IV-D Agency may serve a National Medical Support
Notice on an employer in conjunction with service of an income withholding
notice. Service of an income withholding notice is not a condition for service
of a National Medical Support Notice, however.
(c) At the time of service of a National Medical Support Notice on the
employer, the Title IV-D Agency shall
serve
a copy of the Notice on the obligor by ordinary mail
addressed to the obligor's last known address. A copy of a National Medical Support 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 a National Medical Support Notice, an action to enforce compliance with a National Medical Support Notice, or the resolution of  other disputes involving a National Medical Support Notice. The changes made to this subsection by this amendatory Act of the 96th General Assembly apply on and after September 1, 2009.
(d) Within 20 business days after the date of a National Medical Support
Notice, an employer served with the Notice shall
transfer
the severable notice to plan administrator to the appropriate group health plan
providing any health insurance coverage for which the child is eligible.
As
required in the part of the National Medical Support Notice directed to the
employer, the employer shall withhold any employee premium necessary for
coverage of the child and shall send any amount
withheld directly to the plan. The employer shall commence the withholding no
later than the next payment of income that occurs 14 days following the date
the National Medical Support Notice was mailed, sent by facsimile or other
electronic means, or placed for personal delivery to or service on the
employer.
Notwithstanding the requirement to withhold premiums from the
obligor's income, if the plan administrator informs the employer that the child
is enrolled in an option under the plan for which the employer has determined
that the obligor's premium exceeds the amount that may be withheld from the
obligor's income due to the withholding limitation or prioritization contained
in Section 35 of this Act, the employer shall complete the appropriate item in
the part of
the National
Medical Support Notice directed to the employer according to the instructions
in the Notice and shall return that part to the Title IV-D Agency.
(e) If one of the following circumstances exists, an employer served with a
National Medical Support Notice shall complete the part of the
Notice directed to the employer in accordance with the instructions in
the Notice and shall return that part to the Title IV-D Agency within 20
business days after the date of the Notice:
(1) The employer does not maintain or contribute to     plans providing dependent or family health insurance coverage.
(2) The obligor is among a class of employees that is     not eligible for family health insurance coverage under any group health plan maintained by the employer or to which the employer contributes.
(3) Health insurance coverage is not available     because the obligor is no longer employed by the employer.
(f) The administrator of a health insurance plan to whom an employer has
transferred the severable notice to plan administrator part of a National
Medical Support Notice shall complete that part with the health insurance
coverage information required under the instructions in the Notice and shall
return that part to the Title IV-D Agency within 40 business days after the
date of the Notice.
(g) The obligor may contest withholding under this Section based only on a
mistake of fact and may contest withholding by filing a petition with the clerk
of the circuit court within
20 days after
service of a copy of the National Medical Support Notice on the obligor. The
obligor must serve a copy of the petition on the Title IV-D Agency at the
address stated in the National Medical Support Notice. The National Medical
Support Notice, including the requirement to withhold any required premium,
shall continue to be binding on the employer until the employer is served
with a court order resolving the contest or until notified by the Title
IV-D Agency.
(h) Whenever the obligor is no longer receiving income from the employer,
the
employer shall return a copy of the National Medical Support Notice to the
Title IV-D Agency and shall provide information for the purpose of enforcing
health insurance coverage under this Section.
(i) The Title IV-D Agency shall promptly notify the employer when there is
no
longer a current order for health insurance coverage in effect which the Title
IV-D Agency is responsible for enforcing.
(j) Unless stated otherwise in this Section, all of the provisions of this
Act relating to income withholding for support shall pertain to income
withholding for health insurance coverage under a National Medical Support
Notice, including but not limited to the duties of the employer and obligor,
and the penalties contained in Section 35 and Section 50. In addition, an
employer who willfully fails to transfer the severable notice to plan
administrator part of a National Medical Support Notice to the appropriate
group
health plan providing health insurance coverage for which the child is
eligible, within 20 business days after the date of the
Notice, is liable for the full amount of medical expenses incurred by
or on behalf of the child which would have been paid or reimbursed by the
health insurance coverage had the severable notice to plan administrator part
of the Notice been timely transferred to the group
health insurance plan. This penalty may be collected in a civil action that may
be brought against the employer in favor of the obligee or the Title IV-D
Agency.
(k) To the extent that any other State or local law may be construed to
limit
or prevent compliance by an employer or health insurance plan administrator
with the requirements of this Section and federal law and regulations
pertaining to the National Medical Support Notice, that State or local law
shall not apply.
(l) As the Title IV-D Agency, the Department of Healthcare and Family Services shall adopt any
rules necessary for use of and compliance with the National Medical Support
Notice.
(Source: P.A. 95-331, eff. 8-21-07; 96-858, eff. 1-8-10.)
(750 ILCS 28/25)
Sec. 25. 
		Income withholding after accrual of delinquency.
(a) Whenever an obligor accrues a delinquency,
the obligee or public office may prepare and serve upon the obligor's
payor an income withholding notice that:
(1) contains the information required under     subsection (c) of Section 20; and
(2) contains the total amount of the delinquency as     of the date of the notice; and
(3) directs the payor to withhold the dollar amount     required to be withheld periodically under the order for support for payment of the delinquency.
(b) The income withholding notice and the obligor's copy of the income
withholding notice shall be served as provided in subsection (g) of Section
20.
(c) The obligor may contest withholding commenced under this Section by
filing
a petition to contest withholding with the Clerk of the Circuit Court within 20
days
after service of a copy of the income withholding notice on the obligor.
However, the
grounds for the petition to contest withholding shall be limited to:
(1) a dispute concerning the existence or amount of     the delinquency; or
(2) the identity of the obligor.
The Clerk of the Circuit Court shall notify the obligor and the obligee or
public
office of the time and place of the hearing on the petition to contest
withholding.  The
court shall hold the hearing pursuant to the provisions of Section 40.
(Source: P.A. 90-673, eff. 1-1-99; incorporates P.A.
90-790, eff. 8-14-98; 91-357, eff. 7-29-99.)
(750 ILCS 28/30)
Sec. 30. 
		Initiated withholding.
(a) Notwithstanding any other provision of this Act, if the
court has
not
required
that income withholding take effect immediately, the obligee or public office
may
initiate withholding, regardless of whether a delinquency has accrued,
by preparing and serving an income withholding notice on
the
payor that contains the information required under subsection (c) of Section
20 and
states that the
parties' written agreement providing an alternative
arrangement to
immediate withholding under subsection (a) of Section 20 no longer ensures
payment of support due
and the reason or reasons why it does not.
(b) The income withholding notice and the obligor's copy of the income
withholding notice shall be served as provided in subsection (g) of Section
20.
(c) The obligor may contest withholding commenced under this Section by
filing
a petition to contest withholding with the Clerk of the Circuit Court within 20
days
after service of a copy of the income withholding notice on the obligor.
However, the
grounds for the petition shall be limited to a dispute
concerning:
(1) whether the parties' written agreement providing     an alternative arrangement to immediate withholding under subsection (a) of Section 20 continues to ensure payment of support; or
(2) the identity of the obligor.
It shall not be grounds for filing a petition that the obligor has made
all payments due by the date of the petition.
(d) If the obligor files a petition contesting withholding within the 20-day
period
required under subsection (c), the Clerk of the Circuit Court shall notify the
obligor and
the obligee or public office, as appropriate, of the time and place of the
hearing on the
petition.  The court shall hold the hearing pursuant to the provisions of
Section 40.
(Source: P.A. 90-673, eff. 1-1-99.)
(750 ILCS 28/32)
Sec. 32. Unpaid arrearage or delinquency after current support obligation terminates.
(a) When current support terminates on the date stated in the order for support, or because the child attains the age of majority or is otherwise emancipated, and the amount previously required to be paid for current support of that child automatically continues as an obligation for periodic payment toward satisfaction of unpaid arrearage or delinquency as provided for by law, the obligee or public office may prepare and serve upon the obligor's payor an income withholding notice that:
(1) contains the information required under     subsection (c) of Section 20; and
(2) contains the total amount of the unpaid arrearage     or delinquency as of the date of the notice; and
(3) directs the payor to withhold, as a periodic     payment toward satisfaction of the unpaid arrearage or delinquency, the total of:
(A) the periodic amount required to be paid as         current support immediately prior to the date the current support obligation terminated under the order, or by the child becoming emancipated by age or otherwise, and
(B) any periodic amount previously required for         satisfaction of the arrearage or delinquency.
(b) The income withholding notice and the obligor's copy of the income withholding notice shall be served as provided in subsection (g) of Section 20.
(c) The obligor may contest withholding commenced under this Section by filing a petition to contest withholding with the Clerk of the Circuit Court within 20 days after service of a copy of the income withholding notice on the obligor.  The grounds for the petition to contest withholding shall be limited to:
(1) a dispute concerning the existence or amount of     the unpaid arrearage or delinquency; or
(2) the accuracy of the periodic amount required to     be withheld for payments of the unpaid arrearage or delinquency under the income withholding notice; or
(3) the identity of the obligor.
The Clerk of the Circuit Court shall notify the obligor and the obligee or public office of the time and place of the hearing on the petition to contest withholding.  The court shall hold the hearing pursuant to the provisions of Section 40.
(Source: P.A. 93-1061, eff. 1-1-05.)
(750 ILCS 28/35)
Sec. 35. Duties of payor.
(a) It shall be the duty of any payor who has
been served with an income withholding notice to deduct and pay over income as
provided
in
this Section.  The payor shall deduct the amount designated in the
income withholding notice, as supplemented by any
notice provided pursuant to subsection (f) of Section 45,
beginning
no later than the next payment of income which is payable or creditable to
the obligor
that occurs 14 days following the date the income withholding notice was
mailed, sent by facsimile or other electronic
means, or placed for personal delivery to or service on the
payor.  The payor may combine
all amounts withheld for the benefit of an obligee or public office into a
single payment and transmit the payment with a listing of obligors from
whom withholding has been effected. The payor shall pay the amount withheld
to the State Disbursement Unit within
7 business days after the date the
amount would (but for the duty to withhold income) have been paid or credited
to the obligor.  If the payor knowingly fails to withhold the amount designated
in the income
withholding notice or to pay any amount withheld to the
State
Disbursement Unit within
7 business days after the date the amount would have been paid or credited to
the
obligor, then the payor shall pay a penalty of $100 for each day that the
amount designated in the income withholding notice (whether or
not withheld by the payor) is not paid to the State Disbursement Unit after
the period of
7 business days has expired. The total penalty for a payor's failure, on one occasion, to withhold or pay to the State Disbursement Unit an amount designated in the
income withholding notice may not exceed $10,000.  The failure of a payor, on
more than one
occasion, to pay amounts withheld to the State Disbursement Unit within
7 business days after the date the amount would have been paid or credited to
the
obligor creates a
presumption that the payor knowingly failed to pay over the amounts.  This
penalty may be collected in a civil action which may be brought against the
payor in favor of the obligee or public office. An action to collect the penalty may not be brought more than one year after the date of the payor's alleged failure to withhold or pay income.
A finding of a payor's nonperformance within the time required under
this Act must be documented by a certified mail return receipt
or a sheriff's or private process server's proof of service showing the date
the income withholding notice was served on the payor.
For purposes of this Act,
a withheld
amount shall be considered paid by a payor on the date it is mailed by the
payor, or on the date an electronic funds transfer of the amount has been
initiated by the payor, or on the date delivery of the amount has been
initiated by the payor. For each deduction, the payor shall provide the
State Disbursement Unit, at the time of
transmittal, with the date
the amount would (but for the duty to withhold income) have been paid or
credited to the obligor.
After June 30, 2000, every payor that has 250 or more employees shall use
electronic funds transfer to pay all amounts withheld under this Section.
During the year
2001 and during each year thereafter, every payor that has fewer than 250
employees
and that
withheld income under this Section pursuant to 10 or more income withholding
notices
during December of the preceding year shall use electronic funds transfer to
pay all
amounts withheld under this Section.
Upon receipt of an income withholding notice requiring that a
minor child be named as a
beneficiary of a health insurance plan available through an employer or labor
union or trade union, the employer or labor union or trade union shall
immediately enroll the minor child as a beneficiary in the health insurance
plan designated by the income withholding notice. The
employer shall withhold any required
premiums and pay over any amounts so withheld and any additional amounts the
employer pays to the insurance carrier in a timely manner.  The employer or
labor union or trade union shall mail to the obligee, within 15 days of
enrollment or upon request, notice of the date of coverage, information on the
dependent coverage plan, and all forms necessary to obtain reimbursement for
covered health expenses, such as would be made available to a new employee.
When an order for dependent coverage is in effect and the insurance coverage is
terminated or changed for any reason, the employer or labor union or trade
union shall notify the obligee within 10 days of the termination or change date
along with notice of conversion privileges.
For withholding of income, the payor shall be entitled to receive a fee
not to exceed $5 per month to be taken
from
the income to be paid to the
obligor.
(b) Whenever the obligor is no longer receiving income from the payor,
the payor shall return a copy of the income withholding
notice to the obligee
or public office and shall provide information for the purpose of enforcing
this Act.
(c) Withholding of income under this Act shall be made without
regard
to any prior or subsequent garnishments, attachments, wage assignments,
or any other claims of creditors.  Withholding of income
under this Act shall not be in excess of the maximum amounts
permitted under the federal Consumer Credit Protection Act.
Income available for withholding shall be applied first to the current
support obligation, then to any premium required for employer, labor union, or
trade union-related health insurance coverage ordered under the order for
support, and then to payments required on past-due support obligations.  If
there is insufficient available income remaining to pay the full amount of the
required health insurance premium after withholding of income for the current
support obligation, then the remaining available income shall be applied to
payments required on past-due support obligations.
If the payor has been served with more than one income
withholding notice
pertaining to the same obligor, the payor shall allocate income available
for withholding on a proportionate share basis, giving priority to current
support payments.
A payor who complies with an income withholding notice that is
regular on its
face shall not be subject to civil liability with respect to any individual,
any agency, or any creditor of the obligor for conduct in compliance with the
notice.
(d) No payor shall discharge, discipline, refuse to hire or otherwise
penalize any obligor because of the duty to withhold income.
(Source: P.A. 96-53, eff. 1-1-10; 97-994, eff. 8-17-12.)
(750 ILCS 28/40)
Sec. 40. 
		
		Petitions to contest withholding or to
modify, suspend, terminate, or correct income withholding notices.
(a) When an obligor files a petition to contest withholding,
the court, after due notice to all parties, shall hear the matter as soon
as practicable and shall enter an order granting or denying relief, ordering
service of an amended income withholding notice, where
applicable, or otherwise resolving the matter.
The court shall deny the obligor's petition if the court finds that
when
the income
withholding notice was mailed, sent by facsimile transmission or other
electronic
means, or placed for personal delivery to or service on the payor:
(1) a delinquency existed; or
(2) the parties' written agreement providing an     alternative arrangement to immediate withholding under subsection (a) of Section 20 no longer ensured payment of support.
(b) At any time, an obligor, obligee, public office or Clerk of the
Circuit Court may petition the court to:
(1) modify, suspend or terminate the income     withholding notice because of a modification, suspension or termination of the underlying order for support; or
(2) modify the amount of income to be withheld to     reflect payment in full or in part of the delinquency or arrearage by income withholding or otherwise; or
(3) suspend the income withholding notice because of     inability to deliver income withheld to the obligee due to the obligee's failure to provide a mailing address or other means of delivery.
(c) At any time an obligor may petition the court to correct a term
contained
in an
income withholding notice to conform to that stated in the underlying order for
support
for:
(1) the amount of current support;
(2) the amount of the arrearage;
(3) the periodic amount for payment of the arrearage;     or
(4) the periodic amount for payment of the     delinquency.
(d) The obligor, obligee or public office shall serve on the
payor,
in the manner provided for service of income withholding notices in
subsection (g) of Section 20, a copy of any order entered
pursuant
to this Section that affects the duties of the payor.
(e) At any time, a public office or Clerk of the Circuit Court
may serve
a notice on the payor to:
(1) cease withholding of income for payment of     current support for a child when the support obligation for that child has automatically ceased under the order for support through emancipation or otherwise; or
(2) cease withholding of income for payment of     delinquency or arrearage when the delinquency or arrearage has been paid in full.
(f) The notice provided for under subsection (e) of
this Section shall be
served on the payor
in the manner provided for service of income withholding notices in subsection
(g) of Section 20, and a copy shall be provided to the
obligor and the obligee.
(g) The income withholding notice shall
continue to be binding upon the payor
until service of an amended income withholding notice or any order of the
court or notice entered or provided for under
this Section.
(Source: P.A. 90-673, eff. 1-1-99.)
(750 ILCS 28/45)
Sec. 45. Additional duties.
(a) An obligee who is receiving income withholding
payments under this Act shall notify the State Disbursement Unit and the Clerk
of the Circuit Court of any change of address within 7
days of such change.
(b) An obligee who is a recipient of public aid shall send a copy of
any income withholding notice served by the obligee to the Division
of Child Support Enforcement of the
Department of Healthcare and Family Services.
(c) Each obligor shall notify the obligee, the public office, and the
Clerk of the Circuit
Court of any change of address within 7 days.
(d) An obligor whose income is being withheld pursuant to this Act shall notify
the
obligee, the public office,
and the Clerk of the Circuit Court of any new payor, within 7 days.
(e) (Blank.)
(f) The obligee or public office shall provide notice to the payor and
Clerk of the Circuit Court of any other support payment made, including
but not limited to, a set-off under federal and State law or partial payment
of the delinquency or arrearage, or both.
(g) The State Disbursement Unit shall
maintain complete, accurate, and clear records of all income withholding
payments and their
disbursements.  Certified copies of payment records maintained by the State
Disbursement Unit, a public
office, or the Clerk of the Circuit Court shall, without further proof, be
admitted into evidence in any legal proceedings under this Act.
(h) The Department of Healthcare and Family Services shall design suggested legal
forms for proceeding under this Act and shall make available to
the
courts such forms and informational materials which describe the procedures
and remedies set forth herein for distribution to all parties in support
actions.
(i) At the time of transmitting each support payment, the State
Disbursement Unit shall provide the obligee or public office, as appropriate,
with any information furnished by the payor as to the date
the amount would (but for the duty to withhold income) have been paid or
credited to the obligor.
(j) If an obligee who is receiving income withholding
payments under this Act does not receive a payment required under the income withholding notice, he or she must give written notice of the non-receipt to the payor. The notice must include the date on which the obligee believes the payment was to have been made and the amount of the payment. The obligee must send the notice to the payor by certified mail, return receipt requested.
After receiving a written notice of non-receipt of payment under this subsection, a payor must, within 14 days thereafter, either (i) notify the obligee of the reason for the non-receipt of payment or (ii) make the required payment, together with interest at the rate of 9% calculated from the date on which the payment of income should have been made. A payor who fails to comply with this subsection is subject to the $100 per day penalty provided under subsection (a) of Section 35 of this Act.
(Source: P.A. 97-994, eff. 8-17-12.)
(750 ILCS 28/50)
Sec. 50. Penalties.
(a) Where a payor wilfully fails to withhold or pay
over income pursuant to a properly served income withholding notice, or
wilfully discharges,
disciplines, refuses to hire or otherwise penalizes an obligor as
prohibited by Section 40, or otherwise fails to comply with any
duties
imposed by this Act, the obligee, public office or obligor, as
appropriate, may file a complaint with the court against the payor.  The
Clerk of the Circuit Court shall notify the obligee or public office, as
appropriate, and the obligor and payor of the time and place of the hearing
on the complaint.  The court shall resolve any factual dispute including,
but not limited to, a denial that the payor is paying or has paid income to
the obligor.  Upon a finding in favor of the complaining party, the court:
(1) shall enter judgment and direct the enforcement     thereof for the total amount that the payor wilfully failed to withhold or pay over; and
(2) may order employment or reinstatement of or     restitution to the obligor, or both, where the obligor has been discharged, disciplined, denied employment or otherwise penalized by the payor and may impose a fine upon the payor not to exceed $200.
(b) Any obligee, public office or obligor who wilfully initiates a false
proceeding under this Act or who wilfully fails to comply with
the
requirements of this Act shall be punished as in cases of
contempt
of court.
(c) Any officer or employee of any payor subject to the provisions of this Act who has the control, supervision, or responsibility for withholding and paying over income pursuant to an income withholding notice properly served on the payor and who wilfully fails to withhold or pay over income as required under the income withholding notice shall be personally liable for a penalty equal to the total amount that was not withheld or paid over by the payor.  Only where the employer has incurred sums due under this Section and is unable to pay such amounts may personal liability attach to a responsible officer or employee who has willfully failed to withhold and pay over income as required under the income withholding notice.  The personal liability imposed by this subsection shall survive the dissolution of a partnership, limited liability company, or corporation. For the purposes of this subsection, "officer or employee of any payor" includes a partner of a partnership, a manager or member of a limited liability corporation, and a member of a registered limited liability partnership.
(Source: P.A. 95-468, eff. 6-1-08.)
(750 ILCS 28/50.5)
Sec. 50.5. Administrative fines imposed by the Department of Healthcare and Family Services.
(a) The administrative fines provided for under this Section are in addition to any existing fines or penalties against a payor provided for in other Sections of this Act and do not affect who would be entitled to receive those existing fines and penalties. In addition to any fines or penalties provided for in this Act, when a payor wilfully fails, after receiving 2 reminders from the Department of Healthcare and Family Services,  to withhold or pay over income pursuant to a properly served income withholding notice or otherwise fails to comply with any duties imposed by this Act, the Department may impose a fine upon the payor not to exceed $1,000 per payroll period. The fine shall be payable to the Department of Healthcare and Family Services and may be used to defray the costs incurred by the Department in the collection of the past-due support and penalties provided for in this Act. The Department of Healthcare and Family Services shall place the fines collected into a special fund created to implement the purposes of this Section and the fines shall be utilized for the purposes provided for in this Section. After deducting the costs incurred by the Department of Healthcare and Family Services in the collection of the past-due support and penalties provided for in this Act, the remainder of the fines collected under this Section shall be distributed proportionally to the counties based on their population. The counties shall use these funds to assist low income families in defraying the costs associated with seeking parenting time.
(b) The Department of Healthcare and Family Services may collect the fine through administrative liens and levies on the real and personal property of the payor as provided in Sections 10-25 and 10-25.5 of the Illinois Public Aid Code.
(c) The payor may contest the fine as provided in Sections 10-25 and 10-25.5 of the Illinois Public Aid Code.
(d)   The Department of Healthcare and Family Services may adopt rules  necessary for the implementation of this Section.
(Source: P.A. 99-157, eff. 7-1-17.)
(750 ILCS 28/55)
Sec. 55. 
		
		Alternative procedures for service of an income withholding
notice.
(a) The procedures of this Section may be used in any matter to serve an
income
withholding notice on a payor if:
(1) for any reason the most recent order for support     entered does not contain the income withholding provisions required under Section 20, irrespective of whether a separate order for withholding was entered prior to July 1, 1997; and
(2) the obligor has accrued a delinquency after entry     of the most recent order for support.
(b) The obligee or public office shall prepare and serve the income
withholding
notice in accordance with the provisions of Section 25, except that the
notice shall
contain a periodic amount for payment of the delinquency equal to 20% of the
total of
the current support amount and the amount to be paid periodically for payment
of any
arrearage stated in the most recent order for support.
(c) If the obligor requests in writing that income withholding become
effective prior
to the obligor
accruing a delinquency under the most recent
order for support, the obligee or public
office may
prepare and serve an income withholding notice on the payor as provided in
Section
20.  In addition to filing proofs of service of the income withholding notice
on the
payor and the obligor, the obligee or public office shall file a copy of the
obligor's
written request for income withholding with the Clerk of the Circuit Court.
(d) All other provisions of this Act shall be applicable with
respect to
the provisions
of this Section 55.
(Source: P.A. 90-673, eff. 1-1-99.)
(750 ILCS 28/60)
Sec. 60. 
		Remedies in addition to other laws.
(a) The rights, remedies, duties and penalties created by
this Act are
in addition to and not in substitution for any other rights, remedies, duties
and penalties created by any other law.
(b) Nothing in this Act shall be construed as invalidating any assignment
of wages or benefits executed prior to January 1, 1984 (or July 1, 1985 with
respect to invalidity under the Illinois Parentage Act of 1984) or any
order for withholding served prior to July 1, 1997.
(Source: P.A. 90-673, eff. 1-1-99.)
(750 ILCS 28/905)
Sec. 905. 
		(Amendatory provisions; text omitted).
(Source: P.A. 90-673, eff. 1-1-99; text omitted.)
(750 ILCS 28/910)
Sec. 910. 
		(Amendatory provisions; text omitted).
(Source: P.A. 90-673, eff. 1-1-99; text omitted.)
(750 ILCS 28/915)
Sec. 915. 
		(Amendatory provisions; text omitted).
(Source: P.A. 90-673, eff. 1-1-99; text omitted.)
(750 ILCS 28/920)
Sec. 920. 
		(Amendatory provisions; text omitted).
(Source: P.A. 90-673, eff. 1-1-99; text omitted.)
(750 ILCS 28/925)
Sec. 925. 
		(Amendatory provisions; text omitted).
(Source: P.A. 90-673, eff. 1-1-99; text omitted.)
(750 ILCS 28/930)
Sec. 930. 
		(Amendatory provisions; text omitted).
(Source: P.A. 90-673, eff. 1-1-99; text omitted.)
(750 ILCS 28/999)
Sec. 999. 
		Effective date. 
		This Act takes effect January 1, 1999.
(Source: P.A. 90-673, eff. 1-1-99; 91-357, eff. 7-29-99.)