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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4169 Introduced , by Rep. Lawrence Walsh, Jr. SYNOPSIS AS INTRODUCED:
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735 ILCS 5/12-109 | from Ch. 110, par. 12-109 |
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Amends the Code of Civil Procedure. Provides that, if the right to child support for a child has been assigned by a recipient of aid under specified provisions of the Illinois Public Aid Code to the Department of Healthcare and Family Services under the Illinois Public Aid Code, interest on child support obligations for that child shall cease to accrue on the date the child reaches the age of 18 years.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB4169 | | LRB101 15268 KTG 64443 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,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Code of Civil Procedure is amended by |
5 | | changing Section 12-109 as follows:
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6 | | (735 ILCS 5/12-109) (from Ch. 110, par. 12-109)
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7 | | Sec. 12-109. Interest on judgments. |
8 | | (a) Every judgment except those
arising by operation of law |
9 | | from child support orders shall bear interest
thereon as |
10 | | provided in Section 2-1303. |
11 | | (b) (1) Except as provided in paragraph (2), every Every |
12 | | judgment arising by
operation of law from a child support order |
13 | | shall bear interest as provided
in this subsection. The |
14 | | interest on judgments arising by operation of law from child |
15 | | support orders shall be calculated by applying one-twelfth of |
16 | | the current statutory interest rate as provided in Section |
17 | | 2-1303 to the unpaid child support balance as of the end of |
18 | | each calendar month. The unpaid child support balance at the |
19 | | end of the month is the total amount of child support ordered, |
20 | | excluding the child support that was due for that month to the |
21 | | extent that it was not paid in that month and including |
22 | | judgments for retroactive child support, less all payments |
23 | | received and applied as set forth in this subsection. The |