Illinois § 25

§ 25.

Income withholding after accrual of delinquency. (a) Whenever an obligor accrues a delinquency, 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 delinquency as of the date of the notice; and (3) directs the payor to withhold the dollar amount required to be withheld periodically under the order for support for payment of the 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. However, the grounds for the petition to contest withholding shall be limited to: (1) a dispute concerning the existence or amount of the delinquency; or (2) 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. (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790, eff. 8-14-98; 91-357, eff. 7-29-99.)