ILCS » Chapter 750 · Act 28
Illinois Compiled Statutes

750 ILCS 28/45 (2026)

Additional duties

✓ current as of May 2026
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(750 ILCS 28/45)
    Sec. 45. Additional duties.
    (a) An obligee who is receiving income withholding payments under this Act shall notify the State Disbursement Unit and the Clerk of the Circuit Court of any change of address within 7 days of such change.
    (b) An obligee who is a recipient of public aid shall send a copy of any income withholding notice served by the obligee to the Division of Child Support Enforcement of the Department of Healthcare and Family Services.
    (c) Each obligor shall notify the obligee, the public office, and the Clerk of the Circuit Court of any change of address within 7 days.
    (d) An obligor whose income is being withheld pursuant to this Act shall notify the obligee, the public office, and the Clerk of the Circuit Court of any new payor, within 7 days.
    (e) (Blank.)
    (f) The obligee or public office shall provide notice to the payor and Clerk of the Circuit Court of any other support payment made, including but not limited to, a set-off under federal and State law or partial payment of the delinquency or arrearage, or both.
    (g) The State Disbursement Unit shall maintain complete, accurate, and clear records of all income withholding payments and their disbursements. Certified copies of payment records maintained by the State Disbursement Unit, a public office, or the Clerk of the Circuit Court shall, without further proof, be admitted into evidence in any legal proceedings under this Act.
    (h) The Department of Healthcare and Family Services shall design suggested legal forms for proceeding under this Act and shall make available to the courts such forms and informational materials which describe the procedures and remedies set forth herein for distribution to all parties in support actions.
    (i) At the time of transmitting each support payment, the State Disbursement Unit shall provide the obligee or public office, as appropriate, with any information furnished by the payor as to the date the amount would (but for the duty to withhold income) have been paid or credited to the obligor.
    (j) If an obligee who is receiving income withholding payments under this Act does not receive a payment required under the income withholding notice, he or she must give written notice of the non-receipt to the payor. The notice must include the date on which the obligee believes the payment was to have been made and the amount of the payment. The obligee must send the notice to the payor by certified mail, return receipt requested.
    After receiving a written notice of non-receipt of payment under this subsection, a payor must, within 14 days thereafter, either (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% calculated from the date on which the payment of income should have been made. A payor who fails to comply with this subsection is subject to the $100 per day penalty provided under subsection (a) of Section 35 of this Act.
(Source: P.A. 97-994, eff. 8-17-12.)

    
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2013–2021 · leading case: Schultz v. Performance Lighting, Inc.
Sort: Relevance Newest Treatment
Schultz v. Performance Lighting, Inc. (2013) ill · cites it 3× “750 ILCS 28/45(j) (West 2012). Specifically, a recipient of support must notify the employer in writing if a support payment is not received.”
In re Marriage of Schmidgall (2018) illappct · cites it 4× “However, because Troy paid some support payments directly to Julie during the relevant time period, and because Julie failed to notify Shives that Troy had made those payments (as required by section 45(f) of the Act ( 750 ILCS 28/45(f) (West 2014) ) ), the majority suggests…”
In re Marriage of Hundley (2019) illappct “750 ILCS 28/45(j) (West 2014). Buckhart admitted it received the nonreceipt notice but did not comply with the instructions.”
Schultz v. Performance Lighting, Inc. (2013) ill · cites it 3× “750 ILCS 28/45(j) (West 2012). Specifically, a recipient of support must notify the employer in writing if a support payment is not received.”
In re Marriage of Hundley (2019) illappct “750 ILCS 28/45(j) (West 2014). Buckhart admitted it received the nonreceipt notice but did not comply with the instructions.”
In re Marriage of Schmidgall (2019) illappct · cites it 4× “However, because Troy paid some support payments directly to Julie during the relevant time period, and because Julie failed to notify Shives that Troy had made those payments (as required by section 45(f) of the Act (750 ILCS 28/45(f) (West 2014))), the majority suggests that…”
Burns v. Delta Airlines, Inc. (2021) illappct “” 750 ILCS 28/45(j) (West 2014). ¶ 42 Burns contends that, because Delta did not respond within 14 days to either explain or correct the withholding errors that she identified in her demand letter of November 2, 2015, she is entitled to additional penalties under section 45(j)…”
— 750 ILCS 28/45(f) — 2 cases
In re Marriage of Schmidgall (2018) illappct “However, because Troy paid some support payments directly to Julie during the relevant time period, and because Julie failed to notify Shives that Troy had made those payments (as required by section 45(f) of the Act ( 750 ILCS 28/45(f) (West 2014) ) ), the majority suggests…”
In re Marriage of Schmidgall (2019) illappct “However, because Troy paid some support payments directly to Julie during the relevant time period, and because Julie failed to notify Shives that Troy had made those payments (as required by section 45(f) of the Act (750 ILCS 28/45(f) (West 2014))), the majority suggests that…”
— 750 ILCS 28/45(j) — 7 cases
Schultz v. Performance Lighting, Inc. (2013) ill “750 ILCS 28/45(j) (West 2012). Specifically, a recipient of support must notify the employer in writing if a support payment is not received.”
In re Marriage of Hundley (2019) illappct “750 ILCS 28/45(j) (West 2014). Buckhart admitted it received the nonreceipt notice but did not comply with the instructions.”
Schultz v. Performance Lighting, Inc. (2013) ill “750 ILCS 28/45(j) (West 2012). Specifically, a recipient of support must notify the employer in writing if a support payment is not received.”
In re Marriage of Schmidgall (2018) illappct “However, because Troy paid some support payments directly to Julie during the relevant time period, and because Julie failed to notify Shives that Troy had made those payments (as required by section 45(f) of the Act ( 750 ILCS 28/45(f) (West 2014) ) ), the majority suggests…”
In re Marriage of Hundley (2019) illappct “750 ILCS 28/45(j) (West 2014). Buckhart admitted it received the nonreceipt notice but did not comply with the instructions.”
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