Sec. 30. Initiated withholding.

289 words·~1 min read·/il/chapter-750/act-28/30

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Notwithstanding any other provision of this Act, if the court has not required that income withholding take effect immediately, the obligee or public office 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

(c)of Section 20 and states that the parties' written agreement providing an alternative arrangement to immediate withholding under subsection

(a)of Section 20 no longer ensures payment of support due and the reason or reasons why it does not.

(b)The income withholding notice and the obligor's copy of the income withholding notice shall be served as provided in subsection

(g)of Section 20.

(c)The obligor may contest withholding commenced under this Section 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, the grounds for the petition shall be limited to a dispute concerning:

(1)whether the parties' written agreement providing an alternative arrangement to

immediate withholding under subsection

(a)of Section 20 continues to ensure payment of support; or

(2)the identity of the obligor.

It shall not be grounds for filing a petition that the obligor has made all payments due by the date of the petition.

(d)If the obligor files a petition contesting withholding within the 20-day period required under subsection (c), the Clerk of the Circuit Court shall notify the obligor and the obligee or public office, as appropriate, of the time and place of the hearing on the petition. The court shall hold the hearing pursuant to the provisions of Section 40.