ILCS » Chapter 750 · Act 28

750 ILCS 28/15

Definitions

Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(750 ILCS 28/15)
    Sec. 15. Definitions.
    (a) "Order for support" means any order of the court which provides for periodic payment of funds for the support of a child or maintenance of a spouse, whether temporary or final, and includes any such order which provides for:
        (1) modification or resumption of, or payment of
    
arrearage, including interest, accrued under, a previously existing order;
        (2) reimbursement of support;
        (3) payment or reimbursement of the expenses of
    
pregnancy and delivery (for orders for support entered under the Illinois Parentage Act of 1984 or its predecessor the Paternity Act or under the Illinois Parentage Act of 2015); or
        (4) enrollment in a health insurance plan that is
    
available to the obligor through an employer or labor union or trade union.
    (b) "Arrearage" means the total amount of unpaid support obligations, including interest, as determined by the court and incorporated into an order for support.
    (b-5) "Business day" means a day on which State offices are open for regular business.
    (c) "Delinquency" means any payment, including a payment of interest, under an order for support which becomes due and remains unpaid after entry of the order for support.
    (d) "Income" means any form of periodic payment to an individual, regardless of source, including, but not limited to: wages, salary, commission, compensation as an independent contractor, workers' compensation, disability, annuity, pension, and retirement benefits, lottery prize awards, insurance proceeds, vacation pay, bonuses, profit-sharing payments, severance pay, interest, and any other payments, made by any person, private entity, federal or state government, any unit of local government, school district or any entity created by Public Act; however, "income" excludes:
        (1) any amounts required by law to be withheld, other
    
than creditor claims, including, but not limited to, federal, State and local taxes, Social Security and other retirement and disability contributions;
        (2) union dues;
        (3) any amounts exempted by the federal Consumer
    
Credit Protection Act;
        (4) public assistance payments; and
        (5) unemployment insurance benefits except as
    
provided by law.
    Any other State or local laws which limit or exempt income or the amount or percentage of income that can be withheld shall not apply.
    (e) "Obligor" means the individual who owes a duty to make payments under an order for support.
    (f) "Obligee" means the individual to whom a duty of support is owed or the individual's legal representative.
    (g) "Payor" means any payor of income to an obligor.
    (h) "Public office" means any elected official or any State or local agency which is or may become responsible by law for enforcement of, or which is or may become authorized to enforce, an order for support, including, but not limited to: the Attorney General, the Illinois Department of Healthcare and Family Services, the Illinois Department of Human Services, the Illinois Department of Children and Family Services, and the various State's Attorneys, Clerks of the Circuit Court and supervisors of general assistance.
    (i) "Premium" means the dollar amount for which the obligor is liable to his employer or labor union or trade union and which must be paid to enroll or maintain a child in a health insurance plan that is available to the obligor through an employer or labor union or trade union.
    (j) "State Disbursement Unit" means the unit established to collect and disburse support payments in accordance with the provisions of Section 10-26 of the Illinois Public Aid Code.
    (k) "Title IV-D Agency" means the agency of this State charged by law with the duty to administer the child support enforcement program established under Title IV, Part D of the Social Security Act and Article X of the Illinois Public Aid Code.
    (l) "Title IV-D case" means a case in which an obligee or obligor is receiving child support enforcement services under Title IV, Part D of the Social Security Act and Article X of the Illinois Public Aid Code.
    (m) "National Medical Support Notice" means the notice required for enforcement of orders for support providing for health insurance coverage of a child under Title IV, Part D of the Social Security Act, the Employee Retirement Income Security Act of 1974, and federal regulations promulgated under those Acts.
    (n) "Employer" means a payor or labor union or trade union with an employee group health insurance plan and, for purposes of the National Medical Support Notice, also includes but is not limited to:
        (1) any State or local governmental agency with a
    
group health plan; and
        (2) any payor with a group health plan or "church
    
plan" covered under the Employee Retirement Income Security Act of 1974.
(Source: P.A. 99-85, eff. 1-1-16.)

    
Notes of Decisions
Cited in 34 cases (5 in the last 5 years), 2002–2025 · leading case: In re Elena Hernandez
Sort: Relevance Newest Treatment
In re Elena Hernandez (2021) ill · cites it 2× “The General Assembly has also created an exception to section 21’s exemption under section 15(d) of the Income Withholding for Support Act (750 ILCS 28/15(d) (West 2016)). That provision, which applies in the context of child support (Department of Healthcare & Family Services…”
In Re Marriage of Vaughn (2010) illappct · cites it 4× “" 750 ILCS 28/15(g) (West 2006). Thus, in order for Blue Cross to be a "payor," it must pay Ronald "income.”
In re Marriage of Budorick (2020) illappct · cites it 2× “750 ILCS 28/15(d) (West 2018). Ordinarily, the trial court’s findings as to net income are subject to review for an abuse of discretion.”
In re Marriage of Thompson (2005) illappct · cites it 3× “) 750 ILCS 28/15(a)(l) (West 2002). Nonetheless, we find no statutory support for the respondent’s contention that if an arrearage judgment is ordered to be paid in installments, the original support obligation ceases to accrue interest unless an installment of the arrearage is…”
In re Marriage of Radzik (2011) illappct · cites it 2× “The court noted that section 15(d) of the Income Withholding for Support Act (Support Act) (750 ILCS 28/15(d) (West 2000) (originally codified within the Dissolution Act and which applies to withholding income to secure support ordered under the Dissolution Act (now see 750 ILCS…”
Thomas v. Diener (2004) illappct · cites it 2× “750 ILCS 28/15(b-5) (West 2002). State offices are generally not open for regular business on Saturday, Sundays, and certain holidays.”
In Re Marriage of Takata (2008) illappct · cites it 2× “However, section 15(d) of the Income Withholding for Support Act (750 ILCS 28/15(d) (West 2006)) provides an exception to this income exemption from judgment for the collection of child support.”
In re Marriage of Solomon (2015) illappct · cites it 2× “750 ILCS 28/15(d) (West 2010). ¶ 29 We agree with Iren that the legislature's adoption of the penalty provision in section 35 of the Withholding Act was intended to ensure employer compliance with the statute.”
In re Marriage of Murphy (2003) illappct · cites it 2× “Elinor responds that the trial court’s order was proper based on the statutory exception to income exemptions for the collection of child support (750 ILCS 28/15(d) (West 2000)). We agree.”
In re Marriage of Mayfield (2013) ill “750 ILCS 28/15(d) (West 2010) (stating that, under the Income Withholding for Support Act, “income” includes workers’ compensation).”
Schultz v. Performance Lighting, Inc. (2013) ill · cites it 2× “” 750 ILCS 28/15(e) (West 2010). A “[p]ayor” is defined as “any payor of income to an obligor.”
Schultz v. Performance Lighting, Inc. (2013) ill “” 750 ILCS 28/15(g) (West 2010). Section 35 imposes a $100 a day penalty on a payor who knowingly fails to withhold income of an obligor in the amount of an income withholding notice served under the Act.”
Show all 34 citing cases →
— 750 ILCS 28/15(a) — 2 cases
In re Marriage of Scarp (2022) illappct
In re Marriage of Scarp (2022) illappct
— 750 ILCS 28/15(a)(l) — 1 case
In re Marriage of Thompson (2005) illappct “) 750 ILCS 28/15(a)(l) (West 2002). Nonetheless, we find no statutory support for the respondent’s contention that if an arrearage judgment is ordered to be paid in installments, the original support obligation ceases to accrue interest unless an installment of the arrearage is…”
— 750 ILCS 28/15(b) — 2 cases
In re Marriage of Thompson (2005) illappct “) 750 ILCS 28/15(a)(l) (West 2002). Nonetheless, we find no statutory support for the respondent’s contention that if an arrearage judgment is ordered to be paid in installments, the original support obligation ceases to accrue interest unless an installment of the arrearage is…”
In re Marriage of Schonert (2025) illappct
— 750 ILCS 28/15(c) — 1 case
In Re Marriage of Rice (2012) illappct
— 750 ILCS 28/15(d) — 21 cases
In re Elena Hernandez (2021) ill “The General Assembly has also created an exception to section 21’s exemption under section 15(d) of the Income Withholding for Support Act (750 ILCS 28/15(d) (West 2016)). That provision, which applies in the context of child support (Department of Healthcare & Family Services…”
In re Marriage of Budorick (2020) illappct “750 ILCS 28/15(d) (West 2018). Ordinarily, the trial court’s findings as to net income are subject to review for an abuse of discretion.”
In re Marriage of Radzik (2011) illappct “The court noted that section 15(d) of the Income Withholding for Support Act (Support Act) (750 ILCS 28/15(d) (West 2000) (originally codified within the Dissolution Act and which applies to withholding income to secure support ordered under the Dissolution Act (now see 750 ILCS…”
In Re Marriage of Vaughn (2010) illappct “" 750 ILCS 28/15(g) (West 2006). Thus, in order for Blue Cross to be a "payor," it must pay Ronald "income.”
In Re Marriage of Takata (2008) illappct “However, section 15(d) of the Income Withholding for Support Act (750 ILCS 28/15(d) (West 2006)) provides an exception to this income exemption from judgment for the collection of child support.”
— 750 ILCS 28/15(e) — 1 case
Schultz v. Performance Lighting, Inc. (2013) ill “” 750 ILCS 28/15(e) (West 2010). A “[p]ayor” is defined as “any payor of income to an obligor.”
— 750 ILCS 28/15(f) — 1 case
Blair v. Supportkids, Inc. (2002) ilnd
— 750 ILCS 28/15(g) — 6 cases
In Re Marriage of Vaughn (2010) illappct “" 750 ILCS 28/15(g) (West 2006). Thus, in order for Blue Cross to be a "payor," it must pay Ronald "income.”
Schultz v. Performance Lighting, Inc. (2013) ill “” 750 ILCS 28/15(g) (West 2010). Section 35 imposes a $100 a day penalty on a payor who knowingly fails to withhold income of an obligor in the amount of an income withholding notice served under the Act.”
In re Marriage of Solomon (2015) illappct “750 ILCS 28/15(d) (West 2010). ¶ 29 We agree with Iren that the legislature's adoption of the penalty provision in section 35 of the Withholding Act was intended to ensure employer compliance with the statute.”
Schultz v. Performance Lighting, Inc. (2013) ill “” 750 ILCS 28/15(e) (West 2010). A “[p]ayor” is defined as “any payor of income to an obligor.”
In re Marriage of Solomon (2015) illappct
— 750 ILCS 28/15(h) — 1 case
Blair v. Supportkids, Inc. (2002) ilnd
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.