Bill Text: IL HB0929 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure. Provides that the interest on judgments arising by operation of law from child support orders shall be calculated by applying one-twelfth of 5% (rather than one-twelfth of 9%) to the unpaid child support balance as of the end of each calendar month. Provides that every calendar year, beginning in 2021, the Department of Healthcare and Family Services shall determine the percentage of simple interest that shall accrue on unpaid child support obligations. Makes corresponding changes. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB0929 Detail]

Download: Illinois-2019-HB0929-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB0929 Introduced , by Rep. Lindsay Parkhurst SYNOPSIS AS INTRODUCED:
735 ILCS 5/2-1303 from Ch. 110, par. 2-1303
735 ILCS 5/12-109 from Ch. 110, par. 12-109
Amends the Code of Civil Procedure. Provides that the interest on judgments arising by operation of law from child support orders shall be calculated by applying one-twelfth of 5% (rather than one-twelfth of 9%) to the unpaid child support balance as of the end of each calendar month. Provides that every calendar year, beginning in 2021, the Department of Healthcare and Family Services shall determine the percentage of simple interest that shall accrue on unpaid child support obligations. Makes corresponding changes. Effective immediately.
LRB101 06960 LNS 51993 b
A BILL FOR
HB0929 LRB101 06960 LNS 51993 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Sections 2-1303 and 12-109 as follows:
(735 ILCS 5/2-1303) (from Ch. 110, par. 2-1303)
Sec. 2-1303. Interest on judgment. Except for judgments
arising by operation of law from a child support order,
judgments Judgments recovered in any court shall draw interest
at the rate of 9% per annum from the date of the judgment until
satisfied or 6% per annum when the judgment debtor is a unit of
local government, as defined in Section 1 of Article VII of the
Constitution, a school district, a community college district,
or any other governmental entity. When judgment is entered upon
any award, report or verdict, interest shall be computed at the
above rate, from the time when made or rendered to the time of
entering judgment upon the same, and included in the judgment.
Interest shall be computed and charged only on the unsatisfied
portion of the judgment as it exists from time to time. The
judgment debtor may by tender of payment of judgment, costs and
interest accrued to the date of tender, stop the further
accrual of interest on such judgment notwithstanding the
prosecution of an appeal, or other steps to reverse, vacate or

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modify the judgment.
(Source: P.A. 85-907.)
(735 ILCS 5/12-109) (from Ch. 110, par. 12-109)
Sec. 12-109. Interest on judgments.
(a) Every judgment except those arising by operation of law
from child support orders shall bear interest thereon as
provided in Section 2-1303.
(b) Every judgment arising by operation of law from a child
support order shall bear interest as provided in this
subsection. The interest on judgments arising by operation of
law from child support orders shall be calculated by applying
one-twelfth of 5% the current statutory interest rate as
provided in Section 2-1303 to the unpaid child support balance
as of the end of each calendar month. The unpaid child support
balance at the end of the month is the total amount of child
support ordered, excluding the child support that was due for
that month to the extent that it was not paid in that month and
including judgments for retroactive child support, less all
payments received and applied as set forth in this subsection.
The accrued interest shall not be included in the unpaid child
support balance when calculating interest at the end of the
month. The unpaid child support balance as of the end of each
month shall be determined by calculating the current monthly
child support obligation and applying all payments received for
that month, except federal income tax refund intercepts, first

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to the current monthly child support obligation and then
applying any payments in excess of the current monthly child
support obligation to the unpaid child support balance owed
from previous months. The current monthly child support
obligation shall be determined from the document that
established the support obligation. Federal income tax refund
intercepts and any payments in excess of the current monthly
child support obligation shall be applied to the unpaid child
support balance. Any payments in excess of the current monthly
child support obligation and the unpaid child support balance
shall be applied to the accrued interest on the unpaid child
support balance. Interest on child support obligations may be
collected by any means available under State law for the
collection of child support judgments. Every calendar year,
beginning in 2021, the Illinois Department of Healthcare and
Family Services shall determine the percentage of simple
interest that shall accrue on unpaid child support obligations.
(Source: P.A. 98-563, eff. 8-27-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.