Statutes > Illinois Statutes > CHAPTER 750 FAMILIES > 750 ILCS 28/ Income Withholding for Support Act.

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
        (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. 94‑90, eff. 1‑1‑06; 95‑331, eff. 8‑21‑07; 95‑685, eff. 10‑23‑07.)

    (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) 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) include the date that withholding for current
     support terminates, which shall be the date of termination of the current support obligation set forth in the order for support; 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. 96‑858, eff. 1‑8‑10.)

    (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 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 h