ILCS » Chapter 750 · Act 28

750 ILCS 28/5

Purpose; intent

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(750 ILCS 28/5)
    Sec. 5. Purpose; intent. This Act consolidates into a single new Act the lengthy and nearly identical provisions relating to income withholding for support that were formerly contained in Section 10-16.2 of the Illinois Public Aid Code, Section 706.1 of the Illinois Marriage and Dissolution of Marriage Act, Section 4.1 of the Non-Support of Spouse and Children Act, and Section 20 of the Illinois Parentage Act of 1984. It also divides the consolidated provisions into smaller Sections for ease of use and future amendment and makes technical corrections. This Act is intended as a continuation of the consolidated provisions, and the consolidation is not intended to make any substantive change in the law nor to affect any order issued under any of the consolidated provisions.
(Source: P.A. 90-673, eff. 1-1-99.)

    
Notes of Decisions
Cited in 7 cases, 2004–2013 · leading case: In Re Marriage of Chen and Ulner
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In Re Marriage of Chen and Ulner (2004) illappct “750 ILCS 28/5 (West 2002). As discussed, section 35, entitled “Duties of payor,” sets forth all of the duties of an employer served with an income withholding order.”
In re Marriage of Radzik (2011) illappct “40, ¶ 11021) (the Support Act replaced the Non-Support Act (750 ILCS 28/5 (West 2008))), 6 The Employee Retirement Income Security Act of 1974 (ERISA) ( 29 U.”
Schultz v. Performance Lighting, Inc. (2013) illappct “See 750 ILCS 28/5 (West 2010). ¶ 11 Specifically, section 35 of the Act places a duty on the payor who has been served with notice to pay over to the State Disbursement Unit the ordered portion of the obligor’s income.”
Department of Healthcare & Family Services Ex Rel. Black v. Bartholomew (2009) illappct “750 ILCS 28/5 (West 2008). Section 20(c)(3) of the Withholding Act provides for the withholding of “income” for payment of child support including “the amount of any arrearage” from any payor of income to a child-support obligor.”
In Re Marriage of Radzik and Agrella (2011) illappct “We noted that while express, unequivocal exceptions for child support and maintenance exist in the Dissolution Act and the Non-Support of Spouse and Children Act (Non-Support Act) Ill.”
In re Marriage of Chen (2004) illappct “750 ILCS 28/5 (West 2002). As discussed, section 35, entitled "Duties of payor," sets forth all of the duties of an employer served with an income withholding order.”
Illinois Department of Healthcare and Family Services ex rel. Black v. Bartholomew (2009) illappct “750 ILCS 28/5 (West 2008). Section 20(c)(3) of the Withholding Act provides for the withholding of "income" for payment of child support including "the amount of any arrearage" from any payor of income to a child-support obligor.”
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