Illinois Family Support
Enforcement Association
2005 Legislation
The following provides a summary of public acts related to child support enforcement resulting from bills introduced in the 2005 session of the 94th Illinois General Assembly (and one bill passed by the legislature but vetoed by the Governor).
(Last up-dated: August 4, 2005)
|
|
||
| Original Bill | Public Act No. | Signed / Eff. Date |
| H.B. 0173 | 94-0043 | 6/17/05 / 1/1/06 |
| H.B. 0783 | 94-0087 | 6/30/05 / 6/30/05 |
| H.B. 0785 | 94-0088 | 6/30/05 / 1/1/06 |
| S.B. 0095 | 94-0089 | 6/30/05 / 1/1/06 |
| S.B. 0452 | 94-0090 | 6/30/05 / 1/1/06 |
| S.B. 0955 | 94-0092 | 6/30/05 / 6/30/05 |
| S.B. 0529 | 94-0229 | 7/14/05 / 1/1/06 |
S.B. 0095: INTEREST; MAINTENANCE [P.A. 94-0089, eff. 1/1/06]
Amends § 504 of the Illinois Marriage and Dissolution of Marriage Act. As Introduced, provides that any maintenance obligation, including any unallocated maintenance and child support obligation, that becomes due and remains unpaid for 30 days or more shall accrue simple interest at the rate of 9% per annum.
As amended, provides that any maintenance obligation, including any unallocated maintenance and child support obligation, or any portion of any support obligation that becomes due and remains unpaid shall accrue simple interest as set forth in § 505 of IMDMA (instead of "that becomes due and remains unpaid for 30 days for more shall accrue simple interest at a rate of 9% per annum"). Provides that any new or existing order, including any unallocated maintenance and child support order, entered by the court under § 504 shall be deemed to be a series of judgments against the person obligated to pay support. Provides that each judgment shall be in the amount of each payment or installment of support and shall be deemed entered as of the date the corresponding payment or installment becomes due under the terms of the support order, except that no judgment may arise as to any installment coming due after the termination of maintenance. Provides that each judgment shall have the full force, effect, and attributes of any other judgment of this State, including the ability to be enforced. Provides that a lien arises by operation of law against the real and personal property of the obligor for each installment of overdue support owed by the obligor.
Passed by the Senate, as amended, 4/14/05, 59-0-0.
Passed by the House, 5/4/05, 115-0-0.
PASSED BOTH HOUSES. Sent to the Governor 6/2/05.
SIGNED BY THE GOVERNOR 6/30/05 as P.A. 94-0089, eff. 1/1/06.
[Return to Bill Grid above]S.B. 0452: INTEREST: CHILD SUPPORT [P.A. 94-0090, eff. 1/1/06]
Amends § 12-109 of the Code of Civil Procedure and sections of the Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support Punishment Act, the Income Withholding for Support Act, and the Illinois Parentage Act of 1984. Replaces the provisions concerning interest on child support judgments. Provides for the accrual of interest on a child support obligation that becomes due and remains unpaid as of the end of each month (instead of for 30 days or more). Provides that the interest on child support judgments shall be calculated by applying one-twelfth of the current statutory interest rate as provided in the Code of Civil Procedure to the unpaid child support balance as of the end of each calendar month. Provides that monthly child support payments shall be applied first to the current monthly child support obligation, then to any unpaid child support balance owed from previous months, and finally to the accrued interest on the unpaid child support balance. Provides that interest on child support obligations may be collected by any means available under federal or State law or rules.
As amended, provides that interest shall accrue on the amount of a child support obligation that remains unpaid at 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 (instead of simply the amount remaining unpaid at the end of each month). To be effective January 1, 2006.
Passed by the Senate, as amended, 4/14/05, 56-0-0.
Passed by the House, 5/5/05, 115-0-0.
PASSED BOTH HOUSES. Sent to the Governor 6/3/05.
SIGNED BY THE GOVERNOR 6/30/05 as P.A. 94-0090, eff. 1/1/06.
[Return to Bill Grid above]S.B. 0529: "LAWFUL CHILD" [P.A. 94-0229, eff. 1/1/06]
Amends the Illinois Pension Code, the Crime Victims Compensation Act, the Illinois Marriage and Dissolution of Marriage Act, the Emancipation of Minors Act, the Adoption Act, and the Probate Act of 1975. Changes references from "illegitimate child" to "child born out of wedlock" and from "legitimate child" to "lawful child".
Passed by the Senate, without amendment, 4/7/05, 56-0-0.
Passed by the House, without amendment, 5/18/05, 115-0-0.
PASSED BOTH HOUSES Sent to the Governor 6/16/05.
SIGNED BY THE GOVERNOR 7/14/05 as P.A. 94-0229, eff. 1/1/06.
[Return to Bill Grid above]S.B. 0955: SERVICE OF NOTICE OF SUPPORT OBLIGATION [ P.A. 94-0092, eff. 6/30/05]
Introduced as a "shell Bill," as amended amends the Illinois Public Aid Code. In provisions concerning notification of a responsible relative's support obligation, provides for service of a notice of child support obligation by a person who is licensed or registered as a private detective under the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004 or by a registered employee of a private detective agency certified under that Act. Also provides for service of such a notice in counties with a population of less than 2,000,000 by any method provided by law for service of summons. Effective immediately.
Passed by the Senate, as amended, 5/29/05, 54-0-0.
Passed by the House, without amendment, 5/31/05, 116-0-0.
PASSED BOTH HOUSES. Sent to the Governor 6/24/05.
SIGNED BY THE GOVERNOR 6/30/05 as P. A. 94-0092, eff. 6/30/05
[Return to Bill Grid above]H.B. 0173: INCOME WITHHOLDING; SOCIAL SECURITY NUMBERS [P.A. 94-0043, eff. 1/1/06]
As amended, amends the Income Withholding for Support Act. Provides that the income withholding notice shall include the Social Security Number of the obligor (instead of the obligor, obligee, and the child or children included in the order for support).
Passed by the House, as amended, 3/3/05, 115-0-0.
Passed by the Senate, 5/11/05, 58-0-0
PASSED BOTH HOUSES. Sent to the Governor 6/9/05.
SIGNED BY THE GOVERNOR 6/17/05 as P.A. 94-0043, eff. 1/1/06.
[Return to Bill Grid above]H.B. 0783: CHILD SUPPORT PAYMENT ACT [P.A. 94-0087, eff. 6/30/05]
Creates the Child Support Payment Act. Provides that an obligor under an order for support of a child may make any payment of child support required under that order at a currency exchange. Provides that when an obligor makes a payment of child support at a currency exchange, the obligor must provide the currency exchange with information sufficient to enable the currency exchange to transmit the amount of the payment to the obligee under the order for support.
Passed by the House, without amendment, 3/17/05, 102-11-0.
Senate amendment requires an obligor to provide a currency exchange with information sufficient to enable the currency exchange to transmit the amount of the child support payment to the State Disbursement Unit (instead of the obligee), as defined in the Income Withholding for Support Act, under the order for support. To become effective immediately.
Passed by the Senate, as amended, 5/19/05, 57-0-0.
House concurs in Senate amendment, 5/27/05, 116-0-0.
PASSED BOTH HOUSES. Sent to the Governor 6/24/05.
SIGNED BY THE GOVERNOR 6/30/05 as P.A. 94-0087, eff. 6/30/05.
[Return to Bill Grid above]H.B. 0785: PUBLIC AID; NOTICE OF CHILD SUPPORT SERVICES [P.A. 94-0088, eff. 1/1/06]
Amends the Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support Punishment Act, and the Illinois Parentage Act of 1984. Replaces a provision concerning notice to a circuit clerk that a person is receiving child support enforcement services from the Department of Public Aid and requiring the clerk to send support payments in accordance with the Department's instructions. Provides that the Department of Public Aid may provide notice at any time to the parties to a support action that the Department is providing child support enforcement services. Provides that the Department is thereafter entitled to notice of further court proceedings. Requires the Department to provide the circuit clerk with copies of the notices sent to the parties.
Passed by the House, without amendment, 3/2/05, 116-0-0.
Passed by the Senate, 5/11/05, 59-0-0.
PASSED BOTH HOUSES. Sent to the Governor 6/9/05.
SIGNE BY THE GOVERNOR 6/30/05 as P.A. 94-0088, eff. 1/1/06.
[Return to Bill Grid above]