Bill Text: IL SB1358 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Public Aid Code. In a provision concerning judicial registration of administrative support orders, provides that every notice of registration must be accompanied by a copy of the registered administrative support order and the documents and relevant information accompanying the order. Requires the registering party to serve notice of the registration on the other party by first class mail, unless the administrative support order was entered by default or the registering party is also seeking an affirmative remedy. Provides that the registering party shall serve notice on the Department of Healthcare and Family Services in all cases by first class mail. Provides that (i) if the administrative support order was entered by default against the obligor, the obligor must be served with the registration by any method provided by law for service of summons and (ii) if a petition or comparable pleading seeking an affirmative remedy is filed with the registration, the non-moving party must be served with the registration and the affirmative pleading by any method provided by law for service of summons. Removes language permitting a petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this State to be filed at the same time as the request for registration or later. Removes language that requires the clerk of the circuit court to notify the nonregistering party and the Department when an administrative support order is registered, unless the Department is requesting registration of its order. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2013-08-27 - Public Act . . . . . . . . . 98-0563 [SB1358 Detail]

Download: Illinois-2013-SB1358-Amended.html

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Rep. Arthur Turner

Filed: 5/1/2013

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AMENDMENT TO SENATE BILL 1358
AMENDMENT NO. ______. Amend Senate Bill 1358 as follows:
on page 1, line 5, by replacing "Section 10-15.1" with
"Sections 10-1, 10-15.1, and 10-16.5"; and
on page 1, immediately below line 5, by inserting the
following:
"(305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
Sec. 10-1. Declaration of Public Policy - Persons Eligible
for Child Support Enforcement Services - Fees for
Non-Applicants and Non-Recipients.) It is the intent of this
Code that the financial aid and social welfare services herein
provided supplement rather than supplant the primary and
continuing obligation of the family unit for self-support to
the fullest extent permitted by the resources available to it.
This primary and continuing obligation applies whether the

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family unit of parents and children or of husband and wife
remains intact and resides in a common household or whether the
unit has been broken by absence of one or more members of the
unit. The obligation of the family unit is particularly
applicable when a member is in necessitous circumstances and
lacks the means of a livelihood compatible with health and
well-being.
It is the purpose of this Article to provide for locating
an absent parent or spouse, for determining his financial
circumstances, and for enforcing his legal obligation of
support, if he is able to furnish support, in whole or in part.
The Department of Healthcare and Family Services shall give
priority to establishing, enforcing and collecting the current
support obligation, and then to past due support owed to the
family unit, except with respect to collections effected
through the intercept programs provided for in this Article.
The child support enforcement services provided hereunder
shall be furnished dependents of an absent parent or spouse who
are applicants for or recipients of financial aid under this
Code. It is not, however, a condition of eligibility for
financial aid that there be no responsible relatives who are
reasonably able to provide support. Nor, except as provided in
Sections 4-1.7 and 10-8, shall the existence of such relatives
or their payment of support contributions disqualify a needy
person for financial aid.
By accepting financial aid under this Code, a spouse or a

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parent or other person having custody of a child shall be
deemed to have made assignment to the Illinois Department for
aid under Articles III, IV, V and VII or to a local
governmental unit for aid under Article VI of any and all
rights, title, and interest in any support obligation,
excluding including statutory interest thereon, up to the
amount of financial aid provided. The rights to support
assigned to the Department of Healthcare and Family Services
(formerly Illinois Department of Public Aid) or local
governmental unit shall constitute an obligation owed the State
or local governmental unit by the person who is responsible for
providing the support, and shall be collectible under all
applicable processes.
The Department of Healthcare and Family Services shall also
furnish the child support enforcement services established
under this Article in behalf of persons who are not applicants
for or recipients of financial aid under this Code in
accordance with the requirements of Title IV, Part D of the
Social Security Act. The Department may establish a schedule of
reasonable fees, to be paid for the services provided and may
deduct a collection fee, not to exceed 10% of the amount
collected, from such collection. The Department of Healthcare
and Family Services shall cause to be published and distributed
publications reasonably calculated to inform the public that
individuals who are not recipients of or applicants for public
aid under this Code are eligible for the child support

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enforcement services under this Article X. Such publications
shall set forth an explanation, in plain language, that the
child support enforcement services program is independent of
any public aid program under the Code and that the receiving of
child support enforcement services in no way implies that the
person receiving such services is receiving public aid.
(Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07.)"; and
on page 6, immediately below line 19, by inserting the
following:
"(305 ILCS 5/10-16.5)
Sec. 10-16.5. Interest on support obligations. A support
obligation, or any portion of a support obligation, which
becomes due and remains unpaid as of the end of each month,
excluding the child support that was due for that month to the
extent that it was not paid in that month, shall accrue simple
interest as set forth in Section 12-109 of the Code of Civil
Procedure. An order for support entered or modified on or after
January 1, 2006 shall contain a statement that a support
obligation required under the order, or any portion of a
support obligation required under the order, that becomes due
and remains unpaid as of the end of each month, excluding the
child support that was due for that month to the extent that it
was not paid in that month, shall accrue simple interest as set
forth in Section 12-109 of the Code of Civil Procedure. Failure

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to include the statement in the order for support does not
affect the validity of the order or the accrual of interest as
provided in this Section.
Beginning on the effective date of this amendatory Act of
the 98th General Assembly, and notwithstanding any other law to
the contrary, the Department shall have no further duty to
enforce and collect unassigned interest accrued on support
obligations established under this Code or under any other law
that are owed to the obligee prior to January 1, 2006. Support
that has been deemed to have been assigned to the State under
current or previous law shall not accrue past or future
interest.
In cases in which IV-D services are being provided, the
Department shall provide, by rule, for a one-time notice to
obligees advising the obligee that he or she must notify the
Department within 60 days of the notice that he or she wishes
to have the Department compute any unassigned interest that
accrued on a specific docket in his or her case between 1987
and December 31, 2005. If the obligee fails to notify the
Department within the 60-day period, any interest due on that
docket prior to 2006 may be pursued by the obligee through a
court action, but not through the Department's IV-D agency.
(Source: P.A. 94-90, eff. 1-1-06.)
Section 10. The Code of Civil Procedure is amended by
changing Section 12-109 as follows:

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(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 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
to the current monthly child support obligation and then
applying any payments in excess of the current monthly child

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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 federal and State laws,
rules, and regulations providing for the collection of child
support.
(Source: P.A. 94-90, eff. 1-1-06.)".