Section 160.75 Withholding of Income to Secure Payment of Support

Section 160

Section 160.75  Withholding

of Income to Secure Payment of Support

a)         Definitions

The

definitions contained in Section 15 of the Income Withholding for Support Act

[750 ILCS 28/15] shall apply in this Section.

b)         Entry of Order for Support Containing Income Withholding

Provisions; Income Withholding Notice

1)         The Department, through its legal representative, shall

request that when entering an order for support the court include in the order

the following income withholding provisions, as required by law:

A)        that an income withholding notice be prepared by the Department

and served immediately upon any payor of the obligor, unless a written

agreement is reached between and signed by both parties providing for an

alternative arrangement, approved and entered into the record by the court,

which ensures payment of support.  In that case, the Department, through its

legal representative, shall request that the order for support provide that an

income withholding notice is to be prepared and served only if the obligor

becomes delinquent in paying the order for support; and

B)        a dollar amount to be paid until payment in full of any

delinquency that accrues after entry of the order for support; the dollar

amount not to be less than 20 percent of the total of the current support

amount and the amount to be paid periodically for payment of any arrearage

stated in the order for support; and

C)        the obligor's Social Security Number disclosed to the court as

required by law; and

D)        if the obligor is not a United States citizen, the obligor's

alien registration number, passport number, and home country's social security

or national health number disclosed to the court as required by law

paid periodically for payment of any arrearage

stated in the order for support; and

C)        the obligor's Social Security Number disclosed to the court as

required by law; and

D)        if the obligor is not a United States citizen, the obligor's

alien registration number, passport number, and home country's social security

or national health number disclosed to the court as required by law.

2)         The income withholding notice prepared by the Department

shall:

A)        be in the standard format prescribed by the federal Department

of Health and Human Services; and

B)        state the date of entry of the order for support upon which the

income withholding notice is based; and

C)        direct any payor to withhold the dollar amount required for

current support under the order for support; and

D)        direct any payor to withhold the dollar amount required to be

paid periodically under the order for support for payment of the amount of any

arrearage stated in the order for support; and

E)        state the amount of the payor income withholding fee as

provided by law; and

F)         state that the amount actually withheld from the obligor's

income for support and other purposes, including the payor's withholding fee,

may not be in excess of the maximum amount permitted under the federal Consumer

Credit Protection Act; and

G)        state the duties of the payor and the fines and penalties

provided by law for failure to withhold and pay over income and for

discharging, disciplining, refusing to hire, or otherwise penalizing the

obligor because of the duty to withhold and pay over income; and

H)        state the rights, remedies, and duties of the obligor, as

provided by law; and

I)         include the Social Security Number of the obligor; and

J)         contain the signature of the obligee or the printed name and

telephone number of the authorized representative of the public office, except

that the failure to contain the signature of the obligee or the printed name

and telephone num

state the rights, remedies, and duties of the obligor, as

provided by law; and

I)         include the Social Security Number of the obligor; and

J)         contain the signature of the obligee or the printed name and

telephone number of the authorized representative of the public office, except

that the failure to contain the signature of the obligee or the printed name

and telephone number of the authorized representative of the public office

shall not affect the validity of the income withholding notice; and

K)        direct any payor to pay over amounts withheld for payment of

support to the State Disbursement Unit.

3)         Notwithstanding the exception to immediate income withholding

referred to in subsection (b)(1)(A), if the court finds at the time of any

hearing that an arrearage has accrued, the Department, through its legal

representative, shall request that the court order immediate service of an

income withholding notice upon the payor, as required by law.

c)         Service

of Income Withholding Notice

1)         If the order for support requires immediate service of an

income withholding notice, the Department shall serve the notice on the payor

within two business days after the date the order is received if the payor's

address is known on that date, or, if the address is unknown on that date,

within two business days after locating the payor's address.  If the Department

receives the payor's address from the Illinois Directory of New Hires, as

established under Section 1801.1 of the Unemployment Insurance Act [820 ILCS

405/1801.1], the Department shall serve an income withholding notice and, where

applicable, a National Medical Support Notice, on the payor within two business

days after the date information regarding the obligor and payor is entered into

the Illinois Directory of New Hires

om the Illinois Directory of New Hires, as

established under Section 1801.1 of the Unemployment Insurance Act [820 ILCS

405/1801.1], the Department shall serve an income withholding notice and, where

applicable, a National Medical Support Notice, on the payor within two business

days after the date information regarding the obligor and payor is entered into

the Illinois Directory of New Hires.

2)         The Department may serve the income withholding notice on the

payor or its superintendent, manager, or other agent by ordinary mail or

certified mail, return receipt requested, by facsimile transmission or other

electronic means, by personal delivery, or by any method provided by law for

service of a summons.  At the time of service on the payor and as notice that

withholding has commenced, the Department shall serve a copy of the income

withholding notice on the obligor by ordinary mail addressed to his or her last

known address.  A copy of the income withholding notice together with proofs of

service on the payor and the obligor shall be filed by the Department with the

Clerk of the Circuit Court.

3)         Notwithstanding the fact that the order for support, under the

exception to immediate withholding referred to in subsection (b)(1)(A), provides

that an income withholding notice is to be prepared and served only if the

obligor becomes delinquent in paying the order for support, the Department

shall serve an income withholding notice on the payor prior to accrual of a

delinquency if the obligor executes a written waiver of that condition and

requests immediate service on the payor.

4)         At any time after the initial service of an income withholding

notice, the Department may serve any other payor of the obligor with the same

income withholding notice without further notice to the obligor.  A copy of the

income withholding notice together with a proof of service on the other payor

shall be filed with the Clerk of the Circuit Court

sts immediate service on the payor.

4)         At any time after the initial service of an income withholding

notice, the Department may serve any other payor of the obligor with the same

income withholding notice without further notice to the obligor.  A copy of the

income withholding notice together with a proof of service on the other payor

shall be filed with the Clerk of the Circuit Court.

d)         Income

Withholding After Accrual of Delinquency

1)         The Department shall prepare and serve an income withholding

notice within two business days after the date the obligor accrues a

delinquency if the payor's address is known on that date, or, if the address is

unknown on that date, within two business days after locating the payor's

address.  If the payor's address is unknown on the date the obligor accrues a

delinquency, and the Department receives the payor's address from the Illinois

Directory of New Hires, the Department shall serve an income withholding notice

on the payor within two business days after the date information regarding the

obligor and payor is entered into the Illinois Directory of New Hires.

2)         An income withholding notice prepared by the Department under

subsection (d)(1) shall:

A)        contain the information required under subsection (b)(2); and

B)        contain the total amount of the delinquency as of the date of

the notice; and

C)        direct the payor to withhold the dollar amount required to be

withheld periodically under the order for support for payment of the

delinquency; and

D)        be served on the payor and the obligor in the manner provided

in subsection (c)(2).

3)         The obligor may contest withholding commenced under this

subsection (d) by filing a petition to contest withholding with the Clerk of

the Circuit Court within 20 days after service of a copy of the income

withholding notice on the obligor

der for support for payment of the

delinquency; and

D)        be served on the payor and the obligor in the manner provided

in subsection (c)(2).

3)         The obligor may contest withholding commenced under this

subsection (d) by filing a petition to contest withholding with the Clerk of

the Circuit Court within 20 days after service of a copy of the income

withholding notice on the obligor.  However, as required by law, the grounds

for the petition to contest withholding shall be limited to:

A)        a dispute concerning the existence or amount of the

delinquency; or

B)        the identity of the obligor.

4)         The accrual of a delinquency as a condition for service of an

income withholding notice, under the exception to immediate withholding

referred to in subsection (b)(1)(A), shall apply only to the initial service of

an income withholding notice on a payor of the obligor.

e)         Initiated

Withholding

1)         Notwithstanding any other provision of this Section, if the

court has not required that income withholding take effect immediately, the

Department, pursuant to this subsection (e), may initiate withholding

regardless of whether a delinquency has accrued, by preparing and serving an

income withholding notice on the payor that contains the information required

under subsection (b)(2) and states that the parties' written agreement

providing an alternative arrangement to immediate withholding under subsection

ct immediately, the

Department, pursuant to this subsection (e), may initiate withholding

regardless of whether a delinquency has accrued, by preparing and serving an

income withholding notice on the payor that contains the information required

under subsection (b)(2) and states that the parties' written agreement

providing an alternative arrangement to immediate withholding under subsection

(b)(1)(A) no longer ensures payment of support, and the reason or reasons why

it does not.

2)         The income withholding notice and the obligor's copy of the

income withholding notice shall be served as provided in subsection (c)(2).

3)         The obligor may contest withholding commenced under this

subsection (e) by filing a petition to contest withholding with the Clerk of

the Circuit Court within 20 days after service of a copy of the income

withholding notice on the obligor.  However, as required by law, the grounds

for the petition to contest withholding shall be limited to a dispute

concerning the conditions in subsections (e)(3)(A) and (B) (it shall not be

grounds for filing a petition that the obligor has made all payments due by the

date of the petition):

A)        whether the parties' written agreement providing an alternative

arrangement to immediate withholding under subsection (b)(1)(A) continues to

ensure payment of support; or

B)        the identity of the obligor.

f)         Petitions

to Modify, Suspend or Terminate an Order for Withholding

1)         At any time the Department, through its legal representative,

may petition the court to:

A)        modify, suspend or terminate the income withholding notice

because of a modification, suspension or termination of the underlying order for

support;

B)        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

C)        suspend the income withholding notice because of inability to

deliver income withheld to the obligee due to the obligee'

lding notice

because of a modification, suspension or termination of the underlying order for

support;

B)        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

C)        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.

2)         The Department shall serve on the payor, in the manner

provided for service of income withholding notices in subsection (c)(2), a copy

of any order entered pursuant to this subsection (f) that affects the duties of

the payor.

3)         The Department may serve a notice on the payor to:

A)        cease withholding of income for payment of current support for

a child when the support obligation for that child has automatically ceased

under the order for support through emancipation or otherwise; or

B)        cease withholding of income for payment of delinquency or

arrearage when the delinquency or arrearage has been paid in full.

4)         The notice provided for under subsection (f)(3) shall be

served on the payor in the manner provided for service of income withholding

notices in subsection (c)(2), and a copy shall be provided to the obligor and

the obligee.

g)         Additional

Duties

The Department

shall provide notice to the payor and Clerk of the Circuit Court of any other

support payment made, including but not limited to:

1)         an offset under federal or State law; or

2)         partial payment of the delinquency or arrearage or both

withholding

notices in subsection (c)(2), and a copy shall be provided to the obligor and

the obligee.

g)         Additional

Duties

The Department

shall provide notice to the payor and Clerk of the Circuit Court of any other

support payment made, including but not limited to:

1)         an offset under federal or State law; or

2)         partial payment of the delinquency or arrearage or both.

h)         Alternative

Procedures for Service of an Income Withholding Notice

1)         The procedures of this subsection (h) shall be used by the Department

in any matter to serve an income withholding notice on a payor if:

A)        For any reason the most recent order for support entered does

not contain the income withholding provisions stated in subsection (b),

irrespective of whether a separate order for withholding was entered prior to

July 1, 1997; and

B)        The obligor has accrued a delinquency after entry of the most

recent order for support.

2)         The Department shall prepare and serve the income withholding

notice in accordance with the provisions of subsection (d), except that the

notice shall contain a periodic amount for payment of the delinquency equal to

20 percent of the total of the current support amount and the amount to be paid

periodically for payment of any arrearage stated in the most recent order for

support.

3)         If the obligor requests in writing that income withholding

become effective prior to the obligor accruing a delinquency under the most

recent order for support, the Department shall prepare and serve an income

withholding notice on the payor as provided in subsections (b) and (c).  In

addition to filing proofs of service of the income withholding notice on the

payor and the obligor, the Department shall file a copy of the obligor's

written request for income withholding with the Clerk of the Circuit Court

ency under the most

recent order for support, the Department shall prepare and serve an income

withholding notice on the payor as provided in subsections (b) and (c).  In

addition to filing proofs of service of the income withholding notice on the

payor and the obligor, the Department shall file a copy of the obligor's

written request for income withholding with the Clerk of the Circuit Court.

i)          Notice

to Payor

Whenever the

Department serves an income withholding notice on a payor, notice of the

following shall be included in or with the income withholding notice:

1)         that the payor must begin deducting no later than the next

payment of income that is payable or creditable to the obligor that occurs 14

days following the date the income withholding notice was mailed, sent by

facsimile or other electronic means, or placed for personal delivery to or

service on the payor;

2)         that the payor must pay the amount withheld to the State

Disbursement Unit within seven business days after the date the amount would

(but for the duty to withhold income) have been paid or credited to the

obligor;

3)         that if the payor knowingly fails to withhold the amount

designated in the income withholding notice or to pay any amounts withheld to

the State Disbursement Unit within seven business days after the date the

amount would have been paid or credited to the obligor, the payor is subject to

a penalty of $100 for each day that the amount designated in the income

withholding notice (whether or not withheld by the payor) is not paid to the

State Disbursement Unit after the period of seven business days has expired;

4)         that the payor may combine all amounts withheld for the

benefit of an obligee or public office into a single payment and transmit the

payment with a listing of obligors from whom withholding has been effected;

5)         that for each deduction the payor must provide the State

Disbursement Unit at the time of transmittal, with the date the amount would

(but

siness days has expired;

4)         that the payor may combine all amounts withheld for the

benefit of an obligee or public office into a single payment and transmit the

payment with a listing of obligors from whom withholding has been effected;

5)         that for each deduction the payor must provide the State

Disbursement Unit at the time of transmittal, with the date the amount would

(but for the duty to withhold income) have been paid or credited to the obligor;

6)         that for withholding of income, the payor is entitled to a fee

not to exceed $5 per month to be taken from the income to be paid to the

obligor;

7)         that the amount actually withheld for support, the child's

health insurance premium and payor withholding fee shall not exceed the maximum

amount permitted under the federal Consumer Credit Protection Act (15 USC 1601).

Income available for withholding shall be applied first to the current support

obligation, then to any premium required for employer, labor union, or trade

union-related health insurance coverage ordered under the order for support,

and then to payment required on past-due support obligations.  If there is

insufficient available income remaining to pay the full amount of the required

health insurance premium after withholding of income for the current support

obligation, then the remaining available income shall be applied to payments

required on past-due support obligations;

8)         require

that whenever the obligor is no longer receiving income from the payor, the

payor must return a copy of the income withholding notice to the Department and

provide the obligor's last known address and the name and address of the

obligor's new payor, if known;

9)         that withholding of income under the income withholding notice

must be made without regard to any prior or subsequent garnishments,

attachments, wage assignments, or any other claims of creditors;

10)         that the income withholding notice is binding upon the payor

until service of an or

obligor's last known address and the name and address of the

obligor's new payor, if known;

9)         that withholding of income under the income withholding notice

must be made without regard to any prior or subsequent garnishments,

attachments, wage assignments, or any other claims of creditors;

10)         that the income withholding notice is binding upon the payor

until service of an order of the court or a notice from the Department or Clerk

of the Circuit Court;

11)         that the payor is subject to a fine of up to $200 for

discharging, disciplining or otherwise penalizing an obligor because of the

duty to withhold income;

12)         that if the payor willfully fails to withhold or pay over

income pursuant to a properly served income withholding notice that the payor

is liable for the total amount that the payor willfully failed to withhold or

pay over;

13)         that if the payor has been served with more than one income

withholding notice pertaining to the same obligor, the payor shall allocate

income available on a proportionate share basis, giving priority to current

support payments; and

14)         that a payor who complies with an income withholding notice

that is regular on its face is not subject to civil liability with respect to

any individual, any agency, or any creditor of the obligor for conduct in

compliance with the notice.

j)          Notice

to Obligor

When the

Department serves a copy of the income withholding notice on the obligor as

required under this Section, notice of the following shall be included in or

with the obligor's copy of the income withholding notice:

1)         that income withholding has commenced;

2)         the information provided to the payor under subsection (i);

3)         the procedures and the permissible grounds for contesting

withholding commenced under subsection (d), (e) or (h), as applicable;

4)         that at any time the obligor may petition the court to:

A)        modify, suspend or terminate the income withholding notice

be

)         that income withholding has commenced;

2)         the information provided to the payor under subsection (i);

3)         the procedures and the permissible grounds for contesting

withholding commenced under subsection (d), (e) or (h), as applicable;

4)         that at any time the obligor may petition the court to:

A)        modify, suspend or terminate the income withholding notice

because of a modification, suspension or termination of the underlying order

for support; or

B)        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

C)        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; or

D)        correct a term contained in an income withholding notice to

conform to that stated in the underlying order for support for:

i)          the amount of current support;

ii)         the amount of the arrearage;

iii)        the periodic amount for payment of the arrearage; or

iv)        the periodic amount for payment of the delinquency;

5)         that the obligor is required by law to notify the obligee, the

Department, and the Clerk of the Circuit Court of any new address or payor

within seven days after the change; and

6)         that where a payor willfully discharges, disciplines, refuses

to hire or otherwise penalizes an obligor because of the duty to withhold

income, the obligor may file a complaint with the court against the payor, and

that the court may order employment or reinstatement of or restitution to the

obligor, or may impose a fine upon the payor not to exceed $200

n days after the change; and

6)         that where a payor willfully discharges, disciplines, refuses

to hire or otherwise penalizes an obligor because of the duty to withhold

income, the obligor may file a complaint with the court against the payor, and

that the court may order employment or reinstatement of or restitution to the

obligor, or may impose a fine upon the payor not to exceed $200.

k)         Penalties

In cases where

a payor willfully fails to withhold or pay over income, pursuant to a properly

served income withholding notice, or otherwise fails to comply with any income

withholding duties imposed by law, the Department, through its legal

representatives, may request that the court:

1)         enter judgment against the payor, or an officer or employee of

the payor, as provided by law, and direct the enforcement thereof for the total

amount that the payor willfully failed to withhold or pay over;

2)         impose a penalty or fine upon the payor or invoke any other

remedy allowed by law.

l)          Administrative

Fines Imposed by the Department

1)         The

administrative fines provided for under Section 50.5 of the Income Withholding

for Support Act [750 ILCS 28] (Withholding Act) are in addition to any existing

fines or penalties against a payor of income provided for in that Act and do

not affect who would be entitled to receive those existing fines and

penalties.  In addition to any fines or penalties provided for in the

Withholding Act, when a payor of income willfully fails, after receiving two

reminders from the Department to withhold or pay over income pursuant to a

properly served income withholding notice or otherwise fails to comply with any

duties imposed by the Withholding Act, the Department shall, upon a finding of

willful failure to comply, impose a fine upon the payor of income not to exceed

$1,000 per payroll period

a payor of income willfully fails, after receiving two

reminders from the Department to withhold or pay over income pursuant to a

properly served income withholding notice or otherwise fails to comply with any

duties imposed by the Withholding Act, the Department shall, upon a finding of

willful failure to comply, impose a fine upon the payor of income not to exceed

$1,000 per payroll period.  The fine will be payable to the Department and may

be used to defray the costs incurred by the Department in the collection of the

past-due support and penalties provided for by the Withholding Act.  The

Department shall place the fines collected into a special fund created to

implement the purposes of Section 50.5 of the Withholding Act and the fines shall

be utilized for the purposes provided for in that Section.  After deducting the

costs incurred by the Department in the collection of the past-due support and

penalties provided for in the Withholding Act, the reminder of the fines

collected under Section 50.5 shall be distributed proportionally to the

counties based on their IV-D population. The counties shall use these funds to

assist low income families in defraying the costs associated with seeking

parenting time.

2)         The

Department may collect the fine through administrative liens and levies on the

real and personal property of the payor of income as provided in Sections 10-25

and 10-25.5 of the Public Aid Code.

3)         The

payor of income may contest the fine as provided in Sections 10-25 and 10-25.5

of the Public Aid Code.

4)         The

Department will implement this subsection (l) by January 1, 2019.

m)        Intergovernmental

Income Withholding

Within the

timeframes specified in subsections (c)(1) and (d)(1), and pursuant to the

provisions of the Uniform Interstate Family Support Act [750 ILCS 22], the

Department shall engage income withholding in cases in which the obligor is

receiving income from a payor located in another jurisdiction

implement this subsection (l) by January 1, 2019.

m)        Intergovernmental

Income Withholding

Within the

timeframes specified in subsections (c)(1) and (d)(1), and pursuant to the

provisions of the Uniform Interstate Family Support Act [750 ILCS 22], the

Department shall engage income withholding in cases in which the obligor is

receiving income from a payor located in another jurisdiction.

n)         Use

of National Medical Support Notice to Enforce Health Insurance Coverage

1)         When an order for support is being enforced by the Department

under this Section, any requirement for health insurance coverage to be

provided through an employer, including withholding of premiums from the income

of the obligor, shall be enforced through use of a National Medical Support

Notice.

2)         A National Medical Support Notice shall be served on the

employer in the manner and under the circumstances provided for serving an

income withholding notice under this Section, except that an order for support

that conditions service of an income withholding notice on the obligor becoming

delinquent in paying the order for support shall not prevent immediate service

of a National Medical Support Notice by the Department.  The Department may

serve a National Medical Support Notice on an employer in conjunction with

service of an income withholding notice.  Service of an income withholding

notice is not a condition for service of a National Medical Support Notice,

however.

3)         At the time of service of a National Medical Support Notice on

the employer, the Department shall serve a copy of the Notice on the obligor by

ordinary mail addressed to the obligor's last known address.  The Department

shall file a copy of the National Medical Support Notice, together with proofs

of service on the employer and the obligor, with the clerk of the circuit

court

ever.

3)         At the time of service of a National Medical Support Notice on

the employer, the Department shall serve a copy of the Notice on the obligor by

ordinary mail addressed to the obligor's last known address.  The Department

shall file a copy of the National Medical Support Notice, together with proofs

of service on the employer and the obligor, with the clerk of the circuit

court.

4)         Within 20 business days after the date of a National Medical

Support Notice, an employer served with the Notice shall transfer the severable

notice to plan administrator to the appropriate group health plan providing any

health insurance coverage for which the child is eligible.  As required in the

part of the National Medical Support Notice directed to the employer, the

employer shall withhold any employee premium necessary for coverage of the

child and shall send any amount withheld directly to the plan.  The employer

shall commence the withholding no later than the next payment of income that

occurs 14 days after the date the National Medical Support Notice was mailed,

sent by facsimile or other electronic means, or placed for personal delivery to

or service on the employer.  Notwithstanding the requirement to withhold

premiums from the obligor's income, if the plan administrator informs the

employer that the child is enrolled in an option under the plan for which the

employer has determined that the obligor's premium exceeds the amount that may

be withheld from the obligor's income due to the withholding limitation or

prioritization contained in Section 35 of the Income Withholding for Support

Act, the employer shall complete the appropriate item in the part of the

National Medical Support Notice directed to the employer according to the

instructions in the Notice and shall return that part to the Department

eeds the amount that may

be withheld from the obligor's income due to the withholding limitation or

prioritization contained in Section 35 of the Income Withholding for Support

Act, the employer shall complete the appropriate item in the part of the

National Medical Support Notice directed to the employer according to the

instructions in the Notice and shall return that part to the Department.

5)         If one of the following circumstances exists, an employer

served with a National Medical Support Notice shall complete the part of the

Notice directed to the employer in accordance with the instructions in the

Notice and shall return that part to the Department within 20 business days

after the date of the Notice:

A)        The employer does not maintain or contribute to plans providing

dependent or family health insurance coverage.

B)        The obligor is among a class of employees that is not eligible

for family health insurance coverage under any group health plan maintained by

the employer or to which the employer contributes.

C)        Health insurance coverage is not available because the obligor

is no longer employed by the employer.

6)         The administrator of a health insurance plan to whom an

employer has transferred the severable notice to plan administrator part of a

National Medical Support Notice shall complete that part with the health

insurance coverage information required under the instructions in the Notice

and shall return that part to the Department within 40 business days after the

date of the Notice.

7)         The obligor may contest withholding under this Section based

only on a mistake of fact and may contest withholding by filing a petition with

the clerk of the circuit court within 20 days after service of a copy of the

National Medical Support Notice on the obligor.  The obligor must serve a copy

of the petition on the Department at the address stated in the National Medical

Support Notice

The obligor may contest withholding under this Section based

only on a mistake of fact and may contest withholding by filing a petition with

the clerk of the circuit court within 20 days after service of a copy of the

National Medical Support Notice on the obligor.  The obligor must serve a copy

of the petition on the Department at the address stated in the National Medical

Support Notice.  The National Medical Support Notice, including the requirement

to withhold any required premium, shall continue to be binding on the employer

until the employer is served with a court order resolving the contest or until

notified by the Department.

8)         Whenever the obligor is no longer receiving income from the

employer, the employer shall return a copy of the National Medical Support

Notice to the Department and shall provide information for the purpose of

enforcing health insurance coverage under this Section.

9)         The Department shall promptly notify the employer when there

is no longer a current order for health insurance coverage in effect that the

Department is responsible for enforcing.

10)         Unless stated otherwise in this Section, all of the

provisions of this Section relating to income withholding for support shall

pertain to income withholding for health insurance coverage under a National

Medical Support Notice, including but not limited to, the duties of the

employer and obligor, and the penalties contained in Section 35 and Section 50

of the Income Withholding for Support Act

less stated otherwise in this Section, all of the

provisions of this Section relating to income withholding for support shall

pertain to income withholding for health insurance coverage under a National

Medical Support Notice, including but not limited to, the duties of the

employer and obligor, and the penalties contained in Section 35 and Section 50

of the Income Withholding for Support Act.  In addition, an employer who

willfully fails to transfer the severable notice to plan administrator part of

a National Medical Support Notice to the appropriate group health plan

providing health insurance coverage for which a child is eligible, within 20

business days after the date of the Notice, is liable for the full amount of

medical expenses incurred by or on behalf of the child which would have been

paid or reimbursed by the health insurance coverage had the severable notice to

plan administrator part of the Notice been timely transferred to the group

health insurance plan.  This penalty may be collected in a civil action that

may be brought against the employer in favor of the obligee or the Department.

11)         When the administrator of a health insurance plan returns the

severable notice to plan administrator portion of a National Medical Support

Notice to the Department indicating that there is more than one option

available for coverage of the child under the plan, the Department, within 20

days after the date the portion is returned, shall consult with the obligee,

select from the available options, and inform the plan administrator of the

option selected.

o)         Refund

of Improperly Withheld Amounts

The Department

shall promptly refund to the obligor amounts found to have been improperly

withheld from the obligor's income.