Bill Text: IL SB3078 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Income Withholding for Support Act. Allows the obligor, at any time, to provide evidence of a change in circumstances to the Department of Healthcare and Family Services through an online portal. Provides that, if the Department determines that the obligor is entitled to relief under the modification provisions of this Act, the Department shall petition the court on behalf of the obligor.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-19 - Rule 3-9(a) / Re-referred to Assignments [SB3078 Detail]

Download: Illinois-2023-SB3078-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3078 Introduced 2/2/2024, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
750 ILCS 28/40
Amends the Income Withholding for Support Act. Allows the obligor, at any time, to provide evidence of a change in circumstances to the Department of Healthcare and Family Services through an online portal. Provides that, if the Department determines that the obligor is entitled to relief under the modification provisions of this Act, the Department shall petition the court on behalf of the obligor.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Income Withholding for Support Act is
amended by changing Section 40 as follows:
(750 ILCS 28/40)
Sec. 40. 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 service of an amended
income withholding notice, where applicable, or otherwise
resolving the matter.
The court shall deny the obligor's petition if the court
finds that when the income withholding notice was mailed, sent
by facsimile transmission or other electronic means, or placed
for personal delivery to or service on the payor:
(1) a delinquency existed; or
(2) the parties' written agreement providing an
alternative arrangement to immediate withholding under
subsection (a) of Section 20 no longer ensured payment of
support.

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(b) At any time, an obligor, obligee, public office or
Clerk of the Circuit Court may petition the court to:
(1) modify, suspend or terminate the income
withholding notice because of a modification, suspension
or termination of the underlying order for support; or
(2) modify the amount of income to be withheld to
reflect payment in full or in part of the delinquency or
arrearage by income withholding or otherwise; or
(3) suspend the income withholding notice because of
inability to deliver income withheld to the obligee due to
the obligee's failure to provide a mailing address or
other means of delivery.
(b-5) At any time, an obligor may provide evidence of a
change in circumstances to the Department of Healthcare and
Family Services through an online portal. If the Department
determines that the obligor satisfies (1), (2), or (3) in
subsection (b), the Department shall petition the court for
the obligor.
(c) At any time an obligor may petition the court to
correct a term contained in an income withholding notice to
conform to that stated in the underlying order for support
for:
(1) the amount of current support;
(2) the amount of the arrearage;
(3) the periodic amount for payment of the arrearage;
or

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