Public Act 97-994

Topic: 
Child-support enforcement
(Pritchard, R-Sycamore; Silverstein, D-Chicago) does three things in the Income-Withholding for Support Act. (1) It requires that an action to collect a penalty from a payor may not be brought more than one year after the date of the payor's alleged failure to withhold or pay income. (2) It requires that the obligee must give written notice of the non-receipt of payment to the payor by certified mail with return receipt requested. Within 14 days of receipt by the payor the payor must (i) notify the obligee of the reason for the non-receipt of payment or (ii) make the required payment, together with interest at the rate of 9 percent calculated from the date on which the payment of income should have been made. If a payor fails to comply with this provision, the payor is subject to the $100 per day penalty provided under the Act. (3) It caps the total penalty for one occasion at $10,000 for a payor's failure to withhold or pay to the SDU an amount designated in the income-withholding notice. Effective August 17, 2012.

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