750 ILCS 28/1
Short title
Short title. This Act may be cited as the Income Withholding for Support Act. (Source: P.A. 90-673, eff. 1-1-99.)
Illinois Compiled Statutes 750 ILCS 28 — Income Withholding for Support Act.
Illinois · statute · 750 ILCS 28 · 22 active provisions
Provisions
750 ILCS 28/5
Purpose; intent
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…
750 ILCS 28/15
Definitions
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…
750 ILCS 28/20
Entry of order for support containing income withholding provisions; income withholding notice
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…
750 ILCS 28/22
Use of National Medical Support Notice to enforce health insurance coverage
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, incl…
750 ILCS 28/25
Income withholding after accrual of delinquency
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 th…
750 ILCS 28/30
Initiated withholding
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…
750 ILCS 28/32
Unpaid arrearage or delinquency after current support obligation terminates
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 auto…
750 ILCS 28/35
Duties of payor
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 Sect…
750 ILCS 28/40
Petitions to contest withholding or to modify, suspend, terminate, or correct income withholding notices
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 se…
750 ILCS 28/45
Additional duties
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 not…
750 ILCS 28/50
Penalties
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 ob…
750 ILCS 28/50.5
Administrative fines imposed by the Department of Healthcare and Family Services
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 f…
750 ILCS 28/55
Alternative procedures for service of an income withholding notice
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,…
750 ILCS 28/60
Remedies in addition to other laws
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…
750 ILCS 28/905
(Amendatory provisions; text omitted)
(Amendatory provisions; text omitted). (Source: P.A. 90-673, eff. 1-1-99; text omitted.)
750 ILCS 28/910
(Amendatory provisions; text omitted)
(Amendatory provisions; text omitted). (Source: P.A. 90-673, eff. 1-1-99; text omitted.)
750 ILCS 28/915
(Amendatory provisions; text omitted)
(Amendatory provisions; text omitted). (Source: P.A. 90-673, eff. 1-1-99; text omitted.)
750 ILCS 28/920
(Amendatory provisions; text omitted)
(Amendatory provisions; text omitted). (Source: P.A. 90-673, eff. 1-1-99; text omitted.)
750 ILCS 28/925
(Amendatory provisions; text omitted)
(Amendatory provisions; text omitted). (Source: P.A. 90-673, eff. 1-1-99; text omitted.)
750 ILCS 28/930
(Amendatory provisions; text omitted)
(Amendatory provisions; text omitted). (Source: P.A. 90-673, eff. 1-1-99; text omitted.)
750 ILCS 28/999
Effective date
Effective date. This Act takes effect January 1, 1999. (Source: P.A. 90-673, eff. 1-1-99; 91-357, eff. 7-29-99.)