Sec. 32. Unpaid arrearage or delinquency after current support obligation terminates.

356 words·~2 min read·/il/chapter-750/act-28/32

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(a)When current support terminates on the date stated in the order for support, or because the child attains the age of majority or is otherwise emancipated, and the amount previously required to be paid for current support of that child automatically continues as an obligation for periodic payment toward satisfaction of unpaid arrearage or delinquency as provided for by law, the obligee or public office may prepare and serve upon the obligor's payor an income withholding notice that:

(1)contains the information required under subsection

(c)of Section 20; and

(2)contains the total amount of the unpaid arrearage or delinquency as of the date of

the notice; and

(3)directs the payor to withhold, as a periodic payment toward satisfaction of the

unpaid arrearage or delinquency, the total of:

(A)the periodic amount required to be paid as current support immediately prior to

the date the current support obligation terminated under the order, or by the child becoming emancipated by age or otherwise, and

(B)any periodic amount previously required for satisfaction of the arrearage or

delinquency.

(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. The grounds for the petition to contest withholding shall be limited to:

(1)a dispute concerning the existence or amount of the unpaid arrearage or delinquency;

(2)the accuracy of the periodic amount required to be withheld for payments of the

unpaid arrearage or delinquency under the income withholding notice; or

(3)the identity of the obligor.

The Clerk of the Circuit Court shall notify the obligor and the obligee or public office of the time and place of the hearing on the petition to contest withholding. The court shall hold the hearing pursuant to the provisions of Section 40.