Illinois Compiled Statutes 625 ILCS 5/7-705.1 – Notice of noncompliance with support order
Current as of: 2024 | Check for updates
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Before forwarding to the Secretary of State the authenticated document under subsection (b) of Section 7-703, the circuit court must serve notice upon the obligor of its intention to suspend the obligor’s driver’s license for being adjudicated in arrears in court ordered child support payments in an amount equal to 90 days obligation. The notice must inform the obligor that:
(a) If the obligor is presently unable to pay all
(a) If the obligor is presently unable to pay all
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past-due support, the obligor may come into compliance with the support order by executing a written payment agreement with the court, as provided in Section 7-702.2, and by complying with that agreement;
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(b) The obligor may contest the issue of compliance
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at a hearing;
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(c) A request for a hearing must be made in writing
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and must be received by the clerk of the circuit court;
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(d) If the obligor does not request a hearing to
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contest the issue of compliance within 45 days after the notice of noncompliance is mailed, the court may order that the obligor’s driver’s license be suspended as provided for in subsection (b) of Section 7-703;
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(e) If the circuit court certifies the obligor to the
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Secretary of State for noncompliance with an order of support, the Secretary of State must suspend any driver’s license or instruction permit the obligor holds and the obligor’s right to apply for or obtain a driver’s license or instruction permit until the obligor comes into compliance with the order of support;
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(f) If the obligor files a motion to modify support
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with the court or requests the court to modify a support obligation, the circuit court shall stay action to certify the obligor to the Secretary of State for noncompliance with an order of support; and
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(g) The obligor may comply with an order of support
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by doing all of the following:
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(1) Paying the current support;
(2) Paying all past-due support or, if unable to
Terms Used In Illinois Compiled Statutes 625 ILCS 5/7-705.1
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(2) Paying all past-due support or, if unable to
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pay all past-due support and a periodic payment for past-due support has not been ordered by the court, by making periodic payments in accordance with a written payment agreement approved by the court; and
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(3) Meeting the obligor’s health insurance
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obligation.
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The notice must include the address and telephone number of the clerk of the circuit court. The clerk of the circuit court shall attach a copy of the obligor’s order of support to the notice. The notice must be served by certified mail, return receipt requested, by service in hand, or as specified in the Code of Civil Procedure.