# 89 Ill. Adm. Code 160.75: Section 160.75 Withholding of Income to Secure Payment of Support

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P160_S160_75

## Section

- **Citation:** 89 Ill. Adm. Code 160.75
- **Heading:** Section 160.75 Withholding of Income to Secure Payment of Support
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 89 SOCIAL SERVICES / CHAPTER I: DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES / Part 160 CHILD SUPPORT SERVICES / Section 160.75 Withholding of Income to Secure Payment of Support

## Text

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.

## Nearby sections

- [89 Ill. Adm. Code 160.70 Section 160.70  Enforcement of Support Orders](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P160_S160_70.md)
- [89 Ill. Adm. Code 160.71 Section 160.71  Credit for Payments Made Directly to the Title IV-D Client](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P160_S160_71.md)
- [89 Ill. Adm. Code 160.75 Section 160.75  Withholding of Income to Secure Payment of Support](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P160_S160_75.md)
- [89 Ill. Adm. Code 160.77 Section 160.77  Certifying Past-Due Support Information or Failure to Comply with a Subpoena or Warrant to State Licensing Agencies (Repealed)](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P160_S160_77.md)
- [89 Ill. Adm. Code 160.80 Section 160.80  Amnesty – 20% Charge (Repealed)](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P160_S160_80.md)
- [89 Ill. Adm. Code 160.85 Section 160.85  Diligent Efforts to Serve Process](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P160_S160_85.md)
- [89 Ill. Adm. Code 160.88 Section 160.88  State Case Registry](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P160_S160_88.md)
- [89 Ill. Adm. Code 160.89 Section 160.89  Interest](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P160_S160_89.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P160_S160_75. Check the current official text before relying on it. Not legal advice.