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child support 101/102 - The Gitlin Law Firm

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in writing and shall, in the case of new employment, include the name and<br />

address of the new employer. In addition, both the Husband and the Wife<br />

shall be required to inform each other of a change of residence within five<br />

days of the change.<br />

10. IMDMA Sec. 505.3 - Third Notification Provision – Further Disclosures<br />

Required by Both Parents to Clerk of Court – (State Case Registry):<br />

§505.3 provides:<br />

“Sec. 505.3. Information to State Case Registry.<br />

(a) In this Section: "Order for <strong>support</strong>", "obligor", "obligee", and "business day" are<br />

defined as set forth in the Income Withholding for Support Act. "State Case<br />

Registry" means the State Case Registry established under Section 10-27 of the<br />

Illinois Public Aid Code.<br />

(b) Each order for <strong>support</strong> entered or modified by the circuit court under this Act<br />

shall require that the obligor and obligee (I) file with the clerk of the circuit court<br />

the information required by this Section ... at the time of entry or modification of<br />

the order for <strong>support</strong> and (ii) file updated information with the clerk within 5<br />

business days of any change. Failure of the obligor or obligee to file or update the<br />

required information shall be punishable as in cases of contempt. <strong>The</strong> failure shall<br />

not prevent the court from entering or modifying the order for <strong>support</strong>, however.<br />

(c) <strong>The</strong> obligor shall file the following information: the obligor's name, date of<br />

birth, social security number, and mailing address. If either the obligor or the<br />

obligee receives <strong>child</strong> <strong>support</strong> enforcement services from the Illinois Department of<br />

Public Aid under Article X of the Illinois Public Aid Code, the obligor shall also file<br />

the following information: the obligor's telephone number, driver's license number,<br />

and residential address (if different from the obligor's mailing address), and the<br />

name, address, and telephone number of the obligor's employer or employers.<br />

(d) <strong>The</strong> obligee shall file the following information: (1) <strong>The</strong> names of the obligee<br />

and the <strong>child</strong> or <strong>child</strong>ren covered by the order for <strong>support</strong>. (2) <strong>The</strong> dates of birth of<br />

the obligee and the <strong>child</strong> or <strong>child</strong>ren covered by the order for <strong>support</strong>. (3) <strong>The</strong> social<br />

security numbers of the obligee and the <strong>child</strong> or <strong>child</strong>ren covered by the order for<br />

<strong>support</strong>. (4) <strong>The</strong> obligee's mailing address.”<br />

Comment: We now have three provisions for notification to the clerk – Section 505(f), (h) and 505.3.<br />

Unfortunately, the time frames for disclosure are inconsistent and range from five days to ten days.<br />

One would believe that the legislature would have opted for some consistency to send a strong<br />

message to obligors so that they would have know exactly what was required. It is also curious that<br />

the legislature provided for contempt sanctions for failure of both parents to provide their this<br />

further information to the clerk.<br />

To summarize these confusing notification statutes:<br />

<strong>Gitlin</strong> <strong>Law</strong> <strong>Firm</strong>, P.C. 1-14 www.gitlinlawfirm.com

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