SB2690 Re-Enrolled LRB093 16882 DRJ 42539 b

1     AN ACT concerning child support.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Public Aid Code is amended by
5 changing Sections 10-8.1, 10-10, and 10-11 as follows:
 
6     (305 ILCS 5/10-8.1)
7     Sec. 10-8.1. Temporary order for child support.
8 Notwithstanding any other law to the contrary, pending the
9 outcome of an administrative determination of parentage, the
10 Illinois Department shall issue a temporary order for child
11 support, upon motion by a party and a showing of clear and
12 convincing evidence of paternity. In determining the amount of
13 the temporary child support award, the Illinois Department
14 shall use the guidelines and standards set forth in subsection
15 (a) of Section 505 and in Section 505.2 of the Illinois
16 Marriage and Dissolution of Marriage Act.
17     Any new or existing support order entered by the Illinois
18 Department under this Section shall be deemed to be a series of
19 judgments against the person obligated to pay support
20 thereunder, each such judgment to be in the amount of each
21 payment or installment of support and each judgment to be
22 deemed entered as of the date the corresponding payment or
23 installment becomes due under the terms of the support order.
24 Each such judgment shall have the full force, effect, and
25 attributes of any other judgment of this State, including the
26 ability to be enforced. Any such judgment is subject to
27 modification or termination only in accordance with Section 510
28 of the Illinois Marriage and Dissolution of Marriage Act. A
29 lien arises by operation of law against the real and personal
30 property of the noncustodial parent for each installment of
31 overdue support owed by the noncustodial parent.
32     All orders for support entered or modified in a case in

 

 

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1 which a party is receiving child support enforcement services
2 under this Article X shall include a provision requiring the
3 non-custodial parent to notify the Illinois Department, within
4 7 days, (i) of the name, address, and telephone number of any
5 new employer of the non-custodial parent, (ii) whether the
6 non-custodial parent has access to health insurance coverage
7 through the employer or other group coverage, and, if so, the
8 policy name and number and the names of persons covered under
9 the policy, and (iii) of any new residential or mailing address
10 or telephone number of the non-custodial parent.
11     In any subsequent action to enforce a support order, upon
12 sufficient showing that diligent effort has been made to
13 ascertain the location of the non-custodial parent, service of
14 process or provision of notice necessary in that action may be
15 made at the last known address of the non-custodial parent, in
16 any manner expressly provided by the Code of Civil Procedure or
17 this Act, which service shall be sufficient for purposes of due
18 process.
19     An order for support shall include a date on which the
20 current support obligation terminates. The termination date
21 shall be no earlier than the date on which the child covered by
22 the order will attain the age of 18. However, if the child will
23 not graduate from high school until after attaining the age of
24 18, then the termination date shall be no earlier than the
25 earlier of the date on which the child's high school graduation
26 will occur or the date on which the child will attain the age
27 of 19. The order for support shall state that the termination
28 date does not apply to any arrearage that may remain unpaid on
29 that date. Nothing in this paragraph shall be construed to
30 prevent the Illinois Department from modifying the order or
31 terminating the order in the event the child is otherwise
32 emancipated.
33     If there is an unpaid arrearage or delinquency (as those
34 terms are defined in the Income Withholding for Support Act)
35 equal to at least one month's support obligation on the
36 termination date stated in the order for support or, if there

 

 

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1 is no termination date stated in the order, on the date the
2 child attains the age of majority or is otherwise emancipated,
3 then the periodic amount required to be paid for current
4 support of that child immediately prior to that date shall
5 automatically continue to be an obligation, not as current
6 support but as periodic payment toward satisfaction of the
7 unpaid arrearage or delinquency. That periodic payment shall be
8 in addition to any periodic payment previously required for
9 satisfaction of the arrearage or delinquency. The total
10 periodic amount to be paid toward satisfaction of the arrearage
11 or delinquency may be enforced and collected by any method
12 provided by law for the enforcement and collection of child
13 support, including but not limited to income withholding under
14 the Income Withholding for Support Act. Each order for support
15 entered or modified on or after the effective date of this
16 amendatory Act of the 93rd General Assembly must contain a
17 statement notifying the parties of the requirements of this
18 paragraph. Failure to include the statement in the order for
19 support does not affect the validity of the order or the
20 operation of the provisions of this paragraph with regard to
21 the order. This paragraph shall not be construed to prevent or
22 affect the establishment or modification of an order for the
23 support of a minor child or the establishment or modification
24 of an order for the support of a non-minor child or educational
25 expenses under Section 513 of the Illinois Marriage and
26 Dissolution of Marriage Act.
27 (Source: P.A. 92-590, eff. 7-1-02; 92-876, eff. 6-1-03; revised
28 9-27-03.)
 
29     (305 ILCS 5/10-10)  (from Ch. 23, par. 10-10)
30     Sec. 10-10. Court enforcement; applicability also to
31 persons who are not applicants or recipients. Except where the
32 Illinois Department, by agreement, acts for the local
33 governmental unit, as provided in Section 10-3.1, local
34 governmental units shall refer to the State's Attorney or to
35 the proper legal representative of the governmental unit, for

 

 

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1 judicial enforcement as herein provided, instances of
2 non-support or insufficient support when the dependents are
3 applicants or recipients under Article VI. The Child and Spouse
4 Support Unit established by Section 10-3.1 may institute in
5 behalf of the Illinois Department any actions under this
6 Section for judicial enforcement of the support liability when
7 the dependents are (a) applicants or recipients under Articles
8 III, IV, V or VII; (b) applicants or recipients in a local
9 governmental unit when the Illinois Department, by agreement,
10 acts for the unit; or (c) non-applicants or non-recipients who
11 are receiving child support enforcement services under this
12 Article X, as provided in Section 10-1. Where the Child and
13 Spouse Support Unit has exercised its option and discretion not
14 to apply the provisions of Sections 10-3 through 10-8, the
15 failure by the Unit to apply such provisions shall not be a bar
16 to bringing an action under this Section.
17     Action shall be brought in the circuit court to obtain
18 support, or for the recovery of aid granted during the period
19 such support was not provided, or both for the obtainment of
20 support and the recovery of the aid provided. Actions for the
21 recovery of aid may be taken separately or they may be
22 consolidated with actions to obtain support. Such actions may
23 be brought in the name of the person or persons requiring
24 support, or may be brought in the name of the Illinois
25 Department or the local governmental unit, as the case
26 requires, in behalf of such persons.
27     The court may enter such orders for the payment of moneys
28 for the support of the person as may be just and equitable and
29 may direct payment thereof for such period or periods of time
30 as the circumstances require, including support for a period
31 before the date the order for support is entered. The order may
32 be entered against any or all of the defendant responsible
33 relatives and may be based upon the proportionate ability of
34 each to contribute to the person's support.
35     The Court shall determine the amount of child support
36 (including child support for a period before the date the order

 

 

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1 for child support is entered) by using the guidelines and
2 standards set forth in subsection (a) of Section 505 and in
3 Section 505.2 of the Illinois Marriage and Dissolution of
4 Marriage Act. For purposes of determining the amount of child
5 support to be paid for a period before the date the order for
6 child support is entered, there is a rebuttable presumption
7 that the responsible relative's net income for that period was
8 the same as his or her net income at the time the order is
9 entered.
10     If (i) the responsible relative was properly served with a
11 request for discovery of financial information relating to the
12 responsible relative's ability to provide child support, (ii)
13 the responsible relative failed to comply with the request,
14 despite having been ordered to do so by the court, and (iii)
15 the responsible relative is not present at the hearing to
16 determine support despite having received proper notice, then
17 any relevant financial information concerning the responsible
18 relative's ability to provide child support that was obtained
19 pursuant to subpoena and proper notice shall be admitted into
20 evidence without the need to establish any further foundation
21 for its admission.
22     An order entered under this Section shall include a
23 provision requiring the obligor to report to the obligee and to
24 the clerk of court within 10 days each time the obligor obtains
25 new employment, and each time the obligor's employment is
26 terminated for any reason. The report shall be in writing and
27 shall, in the case of new employment, include the name and
28 address of the new employer. Failure to report new employment
29 or the termination of current employment, if coupled with
30 nonpayment of support for a period in excess of 60 days, is
31 indirect criminal contempt. For any obligor arrested for
32 failure to report new employment bond shall be set in the
33 amount of the child support that should have been paid during
34 the period of unreported employment. An order entered under
35 this Section shall also include a provision requiring the
36 obligor and obligee parents to advise each other of a change in

 

 

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1 residence within 5 days of the change except when the court
2 finds that the physical, mental, or emotional health of a party
3 or that of a minor child, or both, would be seriously
4 endangered by disclosure of the party's address.
5     The Court shall determine the amount of maintenance using
6 the standards set forth in Section 504 of the Illinois Marriage
7 and Dissolution of Marriage Act.
8     Any new or existing support order entered by the court
9 under this Section shall be deemed to be a series of judgments
10 against the person obligated to pay support thereunder, each
11 such judgment to be in the amount of each payment or
12 installment of support and each such judgment to be deemed
13 entered as of the date the corresponding payment or installment
14 becomes due under the terms of the support order. Each such
15 judgment shall have the full force, effect and attributes of
16 any other judgment of this State, including the ability to be
17 enforced. Any such judgment is subject to modification or
18 termination only in accordance with Section 510 of the Illinois
19 Marriage and Dissolution of Marriage Act. A lien arises by
20 operation of law against the real and personal property of the
21 noncustodial parent for each installment of overdue support
22 owed by the noncustodial parent.
23     When an order is entered for the support of a minor, the
24 court may provide therein for reasonable visitation of the
25 minor by the person or persons who provided support pursuant to
26 the order. Whoever willfully refuses to comply with such
27 visitation order or willfully interferes with its enforcement
28 may be declared in contempt of court and punished therefor.
29     Except where the local governmental unit has entered into
30 an agreement with the Illinois Department for the Child and
31 Spouse Support Unit to act for it, as provided in Section
32 10-3.1, support orders entered by the court in cases involving
33 applicants or recipients under Article VI shall provide that
34 payments thereunder be made directly to the local governmental
35 unit. Orders for the support of all other applicants or
36 recipients shall provide that payments thereunder be made

 

 

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1 directly to the Illinois Department. In accordance with federal
2 law and regulations, the Illinois Department may continue to
3 collect current maintenance payments or child support
4 payments, or both, after those persons cease to receive public
5 assistance and until termination of services under Article X.
6 The Illinois Department shall pay the net amount collected to
7 those persons after deducting any costs incurred in making the
8 collection or any collection fee from the amount of any
9 recovery made. In both cases the order shall permit the local
10 governmental unit or the Illinois Department, as the case may
11 be, to direct the responsible relative or relatives to make
12 support payments directly to the needy person, or to some
13 person or agency in his behalf, upon removal of the person from
14 the public aid rolls or upon termination of services under
15 Article X.
16     If the notice of support due issued pursuant to Section
17 10-7 directs that support payments be made directly to the
18 needy person, or to some person or agency in his behalf, and
19 the recipient is removed from the public aid rolls, court
20 action may be taken against the responsible relative hereunder
21 if he fails to furnish support in accordance with the terms of
22 such notice.
23     Actions may also be brought under this Section in behalf of
24 any person who is in need of support from responsible
25 relatives, as defined in Section 2-11 of Article II who is not
26 an applicant for or recipient of financial aid under this Code.
27 In such instances, the State's Attorney of the county in which
28 such person resides shall bring action against the responsible
29 relatives hereunder. If the Illinois Department, as authorized
30 by Section 10-1, extends the child support enforcement services
31 provided by this Article to spouses and dependent children who
32 are not applicants or recipients under this Code, the Child and
33 Spouse Support Unit established by Section 10-3.1 shall bring
34 action against the responsible relatives hereunder and any
35 support orders entered by the court in such cases shall provide
36 that payments thereunder be made directly to the Illinois

 

 

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1 Department.
2     Whenever it is determined in a proceeding to establish or
3 enforce a child support or maintenance obligation that the
4 person owing a duty of support is unemployed, the court may
5 order the person to seek employment and report periodically to
6 the court with a diary, listing or other memorandum of his or
7 her efforts in accordance with such order. Additionally, the
8 court may order the unemployed person to report to the
9 Department of Employment Security for job search services or to
10 make application with the local Job Training Partnership Act
11 provider for participation in job search, training or work
12 programs and where the duty of support is owed to a child
13 receiving child support enforcement services under this
14 Article X, the court may order the unemployed person to report
15 to the Illinois Department for participation in job search,
16 training or work programs established under Section 9-6 and
17 Article IXA of this Code.
18     Whenever it is determined that a person owes past-due
19 support for a child receiving assistance under this Code, the
20 court shall order at the request of the Illinois Department:
21         (1) that the person pay the past-due support in
22     accordance with a plan approved by the court; or
23         (2) if the person owing past-due support is unemployed,
24     is subject to such a plan, and is not incapacitated, that
25     the person participate in such job search, training, or
26     work programs established under Section 9-6 and Article IXA
27     of this Code as the court deems appropriate.
28     A determination under this Section shall not be
29 administratively reviewable by the procedures specified in
30 Sections 10-12, and 10-13 to 10-13.10. Any determination under
31 these Sections, if made the basis of court action under this
32 Section, shall not affect the de novo judicial determination
33 required under this Section.
34     A one-time charge of 20% is imposable upon the amount of
35 past-due child support owed on July 1, 1988 which has accrued
36 under a support order entered by the court. The charge shall be

 

 

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1 imposed in accordance with the provisions of Section 10-21 of
2 this Code and shall be enforced by the court upon petition.
3     All orders for support, when entered or modified, shall
4 include a provision requiring the non-custodial parent to
5 notify the court and, in cases in which a party is receiving
6 child support enforcement services under this Article X, the
7 Illinois Department, within 7 days, (i) of the name, address,
8 and telephone number of any new employer of the non-custodial
9 parent, (ii) whether the non-custodial parent has access to
10 health insurance coverage through the employer or other group
11 coverage and, if so, the policy name and number and the names
12 of persons covered under the policy, and (iii) of any new
13 residential or mailing address or telephone number of the
14 non-custodial parent. In any subsequent action to enforce a
15 support order, upon a sufficient showing that a diligent effort
16 has been made to ascertain the location of the non-custodial
17 parent, service of process or provision of notice necessary in
18 the case may be made at the last known address of the
19 non-custodial parent in any manner expressly provided by the
20 Code of Civil Procedure or this Code, which service shall be
21 sufficient for purposes of due process.
22     An order for support shall include a date on which the
23 current support obligation terminates. The termination date
24 shall be no earlier than the date on which the child covered by
25 the order will attain the age of 18. However, if the child will
26 not graduate from high school until after attaining the age of
27 18, then the termination date shall be no earlier than the
28 earlier of the date on which the child's high school graduation
29 will occur or the date on which the child will attain the age
30 of 19. The order for support shall state that the termination
31 date does not apply to any arrearage that may remain unpaid on
32 that date. Nothing in this paragraph shall be construed to
33 prevent the court from modifying the order or terminating the
34 order in the event the child is otherwise emancipated.
35     If there is an unpaid arrearage or delinquency (as those
36 terms are defined in the Income Withholding for Support Act)

 

 

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1 equal to at least one month's support obligation on the
2 termination date stated in the order for support or, if there
3 is no termination date stated in the order, on the date the
4 child attains the age of majority or is otherwise emancipated,
5 then the periodic amount required to be paid for current
6 support of that child immediately prior to that date shall
7 automatically continue to be an obligation, not as current
8 support but as periodic payment toward satisfaction of the
9 unpaid arrearage or delinquency. That periodic payment shall be
10 in addition to any periodic payment previously required for
11 satisfaction of the arrearage or delinquency. The total
12 periodic amount to be paid toward satisfaction of the arrearage
13 or delinquency may be enforced and collected by any method
14 provided by law for the enforcement and collection of child
15 support, including but not limited to income withholding under
16 the Income Withholding for Support Act. Each order for support
17 entered or modified on or after the effective date of this
18 amendatory Act of the 93rd General Assembly must contain a
19 statement notifying the parties of the requirements of this
20 paragraph. Failure to include the statement in the order for
21 support does not affect the validity of the order or the
22 operation of the provisions of this paragraph with regard to
23 the order. This paragraph shall not be construed to prevent or
24 affect the establishment or modification of an order for the
25 support of a minor child or the establishment or modification
26 of an order for the support of a non-minor child or educational
27 expenses under Section 513 of the Illinois Marriage and
28 Dissolution of Marriage Act.
29     Upon notification in writing or by electronic transmission
30 from the Illinois Department to the clerk of the court that a
31 person who is receiving support payments under this Section is
32 receiving services under the Child Support Enforcement Program
33 established by Title IV-D of the Social Security Act, any
34 support payments subsequently received by the clerk of the
35 court shall be transmitted in accordance with the instructions
36 of the Illinois Department until the Illinois Department gives

 

 

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1 notice to the clerk of the court to cease the transmittal.
2 After providing the notification authorized under this
3 paragraph, the Illinois Department shall be entitled as a party
4 to notice of any further proceedings in the case. The clerk of
5 the court shall file a copy of the Illinois Department's
6 notification in the court file. The clerk's failure to file a
7 copy of the notification in the court file shall not, however,
8 affect the Illinois Department's right to receive notice of
9 further proceedings.
10     Payments under this Section to the Illinois Department
11 pursuant to the Child Support Enforcement Program established
12 by Title IV-D of the Social Security Act shall be paid into the
13 Child Support Enforcement Trust Fund. All payments under this
14 Section to the Illinois Department of Human Services shall be
15 deposited in the DHS Recoveries Trust Fund. Disbursements from
16 these funds shall be as provided in Sections 12-9.1 and 12-10.2
17 of this Code. Payments received by a local governmental unit
18 shall be deposited in that unit's General Assistance Fund.
19     To the extent the provisions of this Section are
20 inconsistent with the requirements pertaining to the State
21 Disbursement Unit under Sections 10-10.4 and 10-26 of this
22 Code, the requirements pertaining to the State Disbursement
23 Unit shall apply.
24 (Source: P.A. 92-16, eff. 6-28-01; 92-590, eff. 7-1-02; 92-876,
25 eff. 6-1-03; revised 9-27-03.)
 
26     (305 ILCS 5/10-11)  (from Ch. 23, par. 10-11)
27     Sec. 10-11. Administrative Orders. In lieu of actions for
28 court enforcement of support under Section 10-10, the Child and
29 Spouse Support Unit of the Illinois Department, in accordance
30 with the rules of the Illinois Department, may issue an
31 administrative order requiring the responsible relative to
32 comply with the terms of the determination and notice of
33 support due, determined and issued under Sections 10-6 and
34 10-7. The Unit may also enter an administrative order under
35 subsection (b) of Section 10-7. The administrative order shall

 

 

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1 be served upon the responsible relative by United States
2 registered or certified mail. In cases in which the responsible
3 relative appeared at the office of the Child and Spouse Support
4 Unit in response to the notice of support obligation issued
5 under Section 10-4, however, or in cases of default in which
6 the notice was served on the responsible relative by certified
7 mail, return receipt requested, or by any method provided by
8 law for service of summons, the administrative determination of
9 paternity or administrative support order may be sent to the
10 responsible relative by ordinary mail addressed to the
11 responsible relative's last known address.
12     If a responsible relative or a person receiving child
13 support enforcement services under this Article fails to
14 petition the Illinois Department for release from or
15 modification of the administrative order, as provided in
16 Section 10-12 or Section 10-12.1, the order shall become final
17 and there shall be no further administrative or judicial
18 remedy. Likewise a decision by the Illinois Department as a
19 result of an administrative hearing, as provided in Sections
20 10-13 to 10-13.10, shall become final and enforceable if not
21 judicially reviewed under the Administrative Review Law, as
22 provided in Section 10-14.
23     Any new or existing support order entered by the Illinois
24 Department under this Section shall be deemed to be a series of
25 judgments against the person obligated to pay support
26 thereunder, each such judgment to be in the amount of each
27 payment or installment of support and each such judgment to be
28 deemed entered as of the date the corresponding payment or
29 installment becomes due under the terms of the support order.
30 Each such judgment shall have the full force, effect and
31 attributes of any other judgment of this State, including the
32 ability to be enforced. Any such judgment is subject to
33 modification or termination only in accordance with Section 510
34 of the Illinois Marriage and Dissolution of Marriage Act. A
35 lien arises by operation of law against the real and personal
36 property of the noncustodial parent for each installment of

 

 

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1 overdue support owed by the noncustodial parent.
2     An order for support shall include a date on which the
3 current support obligation terminates. The termination date
4 shall be no earlier than the date on which the child covered by
5 the order will attain the age of majority or is otherwise
6 emancipated. The order for support shall state that the
7 termination date does not apply to any arrearage that may
8 remain unpaid on that date. Nothing in this paragraph shall be
9 construed to prevent modification of the order by the
10 Department.
11     If there is an unpaid arrearage or delinquency (as those
12 terms are defined in the Income Withholding for Support Act)
13 equal to at least one month's support obligation on the
14 termination date stated in the order for support or, if there
15 is no termination date stated in the order, on the date the
16 child attains the age of majority or is otherwise emancipated,
17 then the periodic amount required to be paid for current
18 support of that child immediately prior to that date shall
19 automatically continue to be an obligation, not as current
20 support but as periodic payment toward satisfaction of the
21 unpaid arrearage or delinquency. That periodic payment shall be
22 in addition to any periodic payment previously required for
23 satisfaction of the arrearage or delinquency. The total
24 periodic amount to be paid toward satisfaction of the arrearage
25 or delinquency may be enforced and collected by any method
26 provided by law for the enforcement and collection of child
27 support, including but not limited to income withholding under
28 the Income Withholding for Support Act. Each order for support
29 entered or modified on or after the effective date of this
30 amendatory Act of the 93rd General Assembly must contain a
31 statement notifying the parties of the requirements of this
32 paragraph. Failure to include the statement in the order for
33 support does not affect the validity of the order or the
34 operation of the provisions of this paragraph with regard to
35 the order. This paragraph shall not be construed to prevent or
36 affect the establishment or modification of an order for the

 

 

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1 support of a minor child or the establishment or modification
2 of an order for the support of a non-minor child or educational
3 expenses under Section 513 of the Illinois Marriage and
4 Dissolution of Marriage Act.
5     An order entered under this Section shall include a
6 provision requiring the obligor to report to the obligee and to
7 the clerk of court within 10 days each time the obligor obtains
8 new employment, and each time the obligor's employment is
9 terminated for any reason. The report shall be in writing and
10 shall, in the case of new employment, include the name and
11 address of the new employer. Failure to report new employment
12 or the termination of current employment, if coupled with
13 nonpayment of support for a period in excess of 60 days, is
14 indirect criminal contempt. For any obligor arrested for
15 failure to report new employment bond shall be set in the
16 amount of the child support that should have been paid during
17 the period of unreported employment. An order entered under
18 this Section shall also include a provision requiring the
19 obligor and obligee parents to advise each other of a change in
20 residence within 5 days of the change except when the court
21 finds that the physical, mental, or emotional health of a party
22 or that of a minor child, or both, would be seriously
23 endangered by disclosure of the party's address.
24     A one-time charge of 20% is imposable upon the amount of
25 past-due child support owed on July 1, 1988, which has accrued
26 under a support order entered by the Illinois Department under
27 this Section. The charge shall be imposed in accordance with
28 the provisions of Section 10-21 and shall be enforced by the
29 court in a suit filed under Section 10-15.
30     An order for support shall include a date on which the
31 support obligation terminates. The termination date shall be no
32 earlier than the date on which the child covered by the order
33 will attain the age of 18. However, if the child will not
34 graduate from high school until after attaining the age of 18,
35 then the termination date shall be no earlier than the earlier
36 of the date that the child's graduation will occur or the date

 

 

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1 on which the child will attain the age of 19. The order for
2 support shall state that the termination date does not apply to
3 any arrearage that may remain unpaid on that date. Nothing in
4 this paragraph shall be construed to prevent the Illinois
5 Department from modifying the order or terminating the order in
6 the event the child is otherwise emancipated.
7 (Source: P.A. 92-590, eff. 7-1-02; 92-876, eff. 6-1-03; revised
8 9-27-03.)
 
9     Section 10. The Illinois Marriage and Dissolution of
10 Marriage Act is amended by changing Section 505 as follows:
 
11     (750 ILCS 5/505)  (from Ch. 40, par. 505)
12     Sec. 505. Child support; contempt; penalties.
13     (a) In a proceeding for dissolution of marriage, legal
14 separation, declaration of invalidity of marriage, a
15 proceeding for child support following dissolution of the
16 marriage by a court which lacked personal jurisdiction over the
17 absent spouse, a proceeding for modification of a previous
18 order for child support under Section 510 of this Act, or any
19 proceeding authorized under Section 501 or 601 of this Act, the
20 court may order either or both parents owing a duty of support
21 to a child of the marriage to pay an amount reasonable and
22 necessary for his support, without regard to marital
23 misconduct. The duty of support owed to a child includes the
24 obligation to provide for the reasonable and necessary
25 physical, mental and emotional health needs of the child. For
26 purposes of this Section, the term "child" shall include any
27 child under age 18 and any child under age 19 who is still
28 attending high school.
29         (1) The Court shall determine the minimum amount of
30     support by using the following guidelines:
31Number of ChildrenPercent of Supporting Party's
32Net Income
33120%
34228%

 

 

SB2690 Re-Enrolled - 16 - LRB093 16882 DRJ 42539 b

1332%
2440%
3545%
46 or more50%
5         (2) The above guidelines shall be applied in each case
6     unless the court makes a finding that application of the
7     guidelines would be inappropriate, after considering the
8     best interests of the child in light of evidence including
9     but not limited to one or more of the following relevant
10     factors:
11             (a) the financial resources and needs of the child;
12             (b) the financial resources and needs of the
13         custodial parent;
14             (c) the standard of living the child would have
15         enjoyed had the marriage not been dissolved;
16             (d) the physical and emotional condition of the
17         child, and his educational needs; and
18             (e) the financial resources and needs of the
19         non-custodial parent.
20         If the court deviates from the guidelines, the court's
21     finding shall state the amount of support that would have
22     been required under the guidelines, if determinable. The
23     court shall include the reason or reasons for the variance
24     from the guidelines.
25         (3) "Net income" is defined as the total of all income
26     from all sources, minus the following deductions:
27             (a) Federal income tax (properly calculated
28         withholding or estimated payments);
29             (b) State income tax (properly calculated
30         withholding or estimated payments);
31             (c) Social Security (FICA payments);
32             (d) Mandatory retirement contributions required by
33         law or as a condition of employment;
34             (e) Union dues;
35             (f) Dependent and individual
36         health/hospitalization insurance premiums;

 

 

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1             (g) Prior obligations of support or maintenance
2         actually paid pursuant to a court order;
3             (h) Expenditures for repayment of debts that
4         represent reasonable and necessary expenses for the
5         production of income, medical expenditures necessary
6         to preserve life or health, reasonable expenditures
7         for the benefit of the child and the other parent,
8         exclusive of gifts. The court shall reduce net income
9         in determining the minimum amount of support to be
10         ordered only for the period that such payments are due
11         and shall enter an order containing provisions for its
12         self-executing modification upon termination of such
13         payment period.
14         (4) In cases where the court order provides for
15     health/hospitalization insurance coverage pursuant to
16     Section 505.2 of this Act, the premiums for that insurance,
17     or that portion of the premiums for which the supporting
18     party is responsible in the case of insurance provided
19     through an employer's health insurance plan where the
20     employer pays a portion of the premiums, shall be
21     subtracted from net income in determining the minimum
22     amount of support to be ordered.
23         (4.5) In a proceeding for child support following
24     dissolution of the marriage by a court that lacked personal
25     jurisdiction over the absent spouse, and in which the court
26     is requiring payment of support for the period before the
27     date an order for current support is entered, there is a
28     rebuttable presumption that the supporting party's net
29     income for the prior period was the same as his or her net
30     income at the time the order for current support is
31     entered.
32         (5) If the net income cannot be determined because of
33     default or any other reason, the court shall order support
34     in an amount considered reasonable in the particular case.
35     The final order in all cases shall state the support level
36     in dollar amounts. However, if the court finds that the

 

 

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1     child support amount cannot be expressed exclusively as a
2     dollar amount because all or a portion of the payor's net
3     income is uncertain as to source, time of payment, or
4     amount, the court may order a percentage amount of support
5     in addition to a specific dollar amount and enter such
6     other orders as may be necessary to determine and enforce,
7     on a timely basis, the applicable support ordered.
8         (6) If (i) the non-custodial parent was properly served
9     with a request for discovery of financial information
10     relating to the non-custodial parent's ability to provide
11     child support, (ii) the non-custodial parent failed to
12     comply with the request, despite having been ordered to do
13     so by the court, and (iii) the non-custodial parent is not
14     present at the hearing to determine support despite having
15     received proper notice, then any relevant financial
16     information concerning the non-custodial parent's ability
17     to provide child support that was obtained pursuant to
18     subpoena and proper notice shall be admitted into evidence
19     without the need to establish any further foundation for
20     its admission.
21     (a-5) In an action to enforce an order for support based on
22 the respondent's failure to make support payments as required
23 by the order, notice of proceedings to hold the respondent in
24 contempt for that failure may be served on the respondent by
25 personal service or by regular mail addressed to the
26 respondent's last known address. The respondent's last known
27 address may be determined from records of the clerk of the
28 court, from the Federal Case Registry of Child Support Orders,
29 or by any other reasonable means.
30     (b) Failure of either parent to comply with an order to pay
31 support shall be punishable as in other cases of contempt. In
32 addition to other penalties provided by law the Court may,
33 after finding the parent guilty of contempt, order that the
34 parent be:
35         (1) placed on probation with such conditions of
36     probation as the Court deems advisable;

 

 

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1         (2) sentenced to periodic imprisonment for a period not
2     to exceed 6 months; provided, however, that the Court may
3     permit the parent to be released for periods of time during
4     the day or night to:
5             (A) work; or
6             (B) conduct a business or other self-employed
7         occupation.
8     The Court may further order any part or all of the earnings
9 of a parent during a sentence of periodic imprisonment paid to
10 the Clerk of the Circuit Court or to the parent having custody
11 or to the guardian having custody of the children of the
12 sentenced parent for the support of said children until further
13 order of the Court.
14     If there is a unity of interest and ownership sufficient to
15 render no financial separation between a non-custodial parent
16 and another person or persons or business entity, the court may
17 pierce the ownership veil of the person, persons, or business
18 entity to discover assets of the non-custodial parent held in
19 the name of that person, those persons, or that business
20 entity. The following circumstances are sufficient to
21 authorize a court to order discovery of the assets of a person,
22 persons, or business entity and to compel the application of
23 any discovered assets toward payment on the judgment for
24 support:
25         (1) the non-custodial parent and the person, persons,
26     or business entity maintain records together.
27         (2) the non-custodial parent and the person, persons,
28     or business entity fail to maintain an arms length
29     relationship between themselves with regard to any assets.
30         (3) the non-custodial parent transfers assets to the
31     person, persons, or business entity with the intent to
32     perpetrate a fraud on the custodial parent.
33     With respect to assets which are real property, no order
34 entered under this paragraph shall affect the rights of bona
35 fide purchasers, mortgagees, judgment creditors, or other lien
36 holders who acquire their interests in the property prior to

 

 

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1 the time a notice of lis pendens pursuant to the Code of Civil
2 Procedure or a copy of the order is placed of record in the
3 office of the recorder of deeds for the county in which the
4 real property is located.
5     The court may also order in cases where the parent is 90
6 days or more delinquent in payment of support or has been
7 adjudicated in arrears in an amount equal to 90 days obligation
8 or more, that the parent's Illinois driving privileges be
9 suspended until the court determines that the parent is in
10 compliance with the order of support. The court may also order
11 that the parent be issued a family financial responsibility
12 driving permit that would allow limited driving privileges for
13 employment and medical purposes in accordance with Section
14 7-702.1 of the Illinois Vehicle Code. The clerk of the circuit
15 court shall certify the order suspending the driving privileges
16 of the parent or granting the issuance of a family financial
17 responsibility driving permit to the Secretary of State on
18 forms prescribed by the Secretary. Upon receipt of the
19 authenticated documents, the Secretary of State shall suspend
20 the parent's driving privileges until further order of the
21 court and shall, if ordered by the court, subject to the
22 provisions of Section 7-702.1 of the Illinois Vehicle Code,
23 issue a family financial responsibility driving permit to the
24 parent.
25     In addition to the penalties or punishment that may be
26 imposed under this Section, any person whose conduct
27 constitutes a violation of Section 15 of the Non-Support
28 Punishment Act may be prosecuted under that Act, and a person
29 convicted under that Act may be sentenced in accordance with
30 that Act. The sentence may include but need not be limited to a
31 requirement that the person perform community service under
32 Section 50 of that Act or participate in a work alternative
33 program under Section 50 of that Act. A person may not be
34 required to participate in a work alternative program under
35 Section 50 of that Act if the person is currently participating
36 in a work program pursuant to Section 505.1 of this Act.

 

 

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1     A support obligation, or any portion of a support
2 obligation, which becomes due and remains unpaid for 30 days or
3 more shall accrue simple interest at the rate of 9% per annum.
4 An order for support entered or modified on or after January 1,
5 2002 shall contain a statement that a support obligation
6 required under the order, or any portion of a support
7 obligation required under the order, that becomes due and
8 remains unpaid for 30 days or more shall accrue simple interest
9 at the rate of 9% per annum. Failure to include the statement
10 in the order for support does not affect the validity of the
11 order or the accrual of interest as provided in this Section.
12     (c) A one-time charge of 20% is imposable upon the amount
13 of past-due child support owed on July 1, 1988 which has
14 accrued under a support order entered by the court. The charge
15 shall be imposed in accordance with the provisions of Section
16 10-21 of the Illinois Public Aid Code and shall be enforced by
17 the court upon petition.
18     (d) Any new or existing support order entered by the court
19 under this Section shall be deemed to be a series of judgments
20 against the person obligated to pay support thereunder, each
21 such judgment to be in the amount of each payment or
22 installment of support and each such judgment to be deemed
23 entered as of the date the corresponding payment or installment
24 becomes due under the terms of the support order. Each such
25 judgment shall have the full force, effect and attributes of
26 any other judgment of this State, including the ability to be
27 enforced. A lien arises by operation of law against the real
28 and personal property of the noncustodial parent for each
29 installment of overdue support owed by the noncustodial parent.
30     (e) When child support is to be paid through the clerk of
31 the court in a county of 1,000,000 inhabitants or less, the
32 order shall direct the obligor to pay to the clerk, in addition
33 to the child support payments, all fees imposed by the county
34 board under paragraph (3) of subsection (u) of Section 27.1 of
35 the Clerks of Courts Act. Unless paid in cash or pursuant to an
36 order for withholding, the payment of the fee shall be by a

 

 

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1 separate instrument from the support payment and shall be made
2 to the order of the Clerk.
3     (f) All orders for support, when entered or modified, shall
4 include a provision requiring the obligor to notify the court
5 and, in cases in which a party is receiving child and spouse
6 services under Article X of the Illinois Public Aid Code, the
7 Illinois Department of Public Aid, within 7 days, (i) of the
8 name and address of any new employer of the obligor, (ii)
9 whether the obligor has access to health insurance coverage
10 through the employer or other group coverage and, if so, the
11 policy name and number and the names of persons covered under
12 the policy, and (iii) of any new residential or mailing address
13 or telephone number of the non-custodial parent. In any
14 subsequent action to enforce a support order, upon a sufficient
15 showing that a diligent effort has been made to ascertain the
16 location of the non-custodial parent, service of process or
17 provision of notice necessary in the case may be made at the
18 last known address of the non-custodial parent in any manner
19 expressly provided by the Code of Civil Procedure or this Act,
20 which service shall be sufficient for purposes of due process.
21     (g) An order for support shall include a date on which the
22 current support obligation terminates. The termination date
23 shall be no earlier than the date on which the child covered by
24 the order will attain the age of 18. However, if the child will
25 not graduate from high school until after attaining the age of
26 18, then the termination date shall be no earlier than the
27 earlier of the date on which the child's high school graduation
28 will occur or the date on which the child will attain the age
29 of 19. The order for support shall state that the termination
30 date does not apply to any arrearage that may remain unpaid on
31 that date. Nothing in this subsection shall be construed to
32 prevent the court from modifying the order or terminating the
33 order in the event the child is otherwise emancipated.
34     (g-5) If there is an unpaid arrearage or delinquency (as
35 those terms are defined in the Income Withholding for Support
36 Act) equal to at least one month's support obligation on the

 

 

SB2690 Re-Enrolled - 23 - LRB093 16882 DRJ 42539 b

1 termination date stated in the order for support or, if there
2 is no termination date stated in the order, on the date the
3 child attains the age of majority or is otherwise emancipated,
4 the periodic amount required to be paid for current support of
5 that child immediately prior to that date shall automatically
6 continue to be an obligation, not as current support but as
7 periodic payment toward satisfaction of the unpaid arrearage or
8 delinquency. That periodic payment shall be in addition to any
9 periodic payment previously required for satisfaction of the
10 arrearage or delinquency. The total periodic amount to be paid
11 toward satisfaction of the arrearage or delinquency may be
12 enforced and collected by any method provided by law for
13 enforcement and collection of child support, including but not
14 limited to income withholding under the Income Withholding for
15 Support Act. Each order for support entered or modified on or
16 after the effective date of this amendatory Act of the 93rd
17 General Assembly must contain a statement notifying the parties
18 of the requirements of this subsection. Failure to include the
19 statement in the order for support does not affect the validity
20 of the order or the operation of the provisions of this
21 subsection with regard to the order. This subsection shall not
22 be construed to prevent or affect the establishment or
23 modification of an order for support of a minor child or the
24 establishment or modification of an order for support of a
25 non-minor child or educational expenses under Section 513 of
26 this Act.
27     (h) An order entered under this Section shall include a
28 provision requiring the obligor to report to the obligee and to
29 the clerk of court within 10 days each time the obligor obtains
30 new employment, and each time the obligor's employment is
31 terminated for any reason. The report shall be in writing and
32 shall, in the case of new employment, include the name and
33 address of the new employer. Failure to report new employment
34 or the termination of current employment, if coupled with
35 nonpayment of support for a period in excess of 60 days, is
36 indirect criminal contempt. For any obligor arrested for

 

 

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1 failure to report new employment bond shall be set in the
2 amount of the child support that should have been paid during
3 the period of unreported employment. An order entered under
4 this Section shall also include a provision requiring the
5 obligor and obligee parents to advise each other of a change in
6 residence within 5 days of the change except when the court
7 finds that the physical, mental, or emotional health of a party
8 or that of a child, or both, would be seriously endangered by
9 disclosure of the party's address.
10     (i) The court does not lose the powers of contempt,
11 driver's license suspension, or other child support
12 enforcement mechanisms, including, but not limited to,
13 criminal prosecution as set forth in this Act, upon the
14 emancipation of the minor child or children.
15 (Source: P.A. 92-16, eff. 6-28-01; 92-203, eff. 8-1-01; 92-374,
16 eff. 8-15-01; 92-651, eff. 7-11-02; 92-876, eff. 6-1-03;
17 93-148, eff. 7-10-03.)
 
18     Section 15. The Non-Support Punishment Act is amended by
19 changing Section 20 as follows:
 
20     (750 ILCS 16/20)
21     Sec. 20. Entry of order for support; income withholding.
22     (a) In a case in which no court or administrative order for
23 support is in effect against the defendant:
24         (1) at any time before the trial, upon motion of the
25     State's Attorney, or of the Attorney General if the action
26     has been instituted by his office, and upon notice to the
27     defendant, or at the time of arraignment or as a condition
28     of postponement of arraignment, the court may enter such
29     temporary order for support as may seem just, providing for
30     the support or maintenance of the spouse or child or
31     children of the defendant, or both, pendente lite; or
32         (2) before trial with the consent of the defendant, or
33     at the trial on entry of a plea of guilty, or after
34     conviction, instead of imposing the penalty provided in

 

 

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1     this Act, or in addition thereto, the court may enter an
2     order for support, subject to modification by the court
3     from time to time as circumstances may require, directing
4     the defendant to pay a certain sum for maintenance of the
5     spouse, or for support of the child or children, or both.
6     (b) The court shall determine the amount of child support
7 by using the guidelines and standards set forth in subsection
8 (a) of Section 505 and in Section 505.2 of the Illinois
9 Marriage and Dissolution of Marriage Act.
10     If (i) the non-custodial parent was properly served with a
11 request for discovery of financial information relating to the
12 non-custodial parent's ability to provide child support, (ii)
13 the non-custodial parent failed to comply with the request,
14 despite having been ordered to do so by the court, and (iii)
15 the non-custodial parent is not present at the hearing to
16 determine support despite having received proper notice, then
17 any relevant financial information concerning the
18 non-custodial parent's ability to provide support that was
19 obtained pursuant to subpoena and proper notice shall be
20 admitted into evidence without the need to establish any
21 further foundation for its admission.
22     (c) The court shall determine the amount of maintenance
23 using the standards set forth in Section 504 of the Illinois
24 Marriage and Dissolution of Marriage Act.
25     (d) The court may, for violation of any order under this
26 Section, punish the offender as for a contempt of court, but no
27 pendente lite order shall remain in effect longer than 4
28 months, or after the discharge of any panel of jurors summoned
29 for service thereafter in such court, whichever is sooner.
30     (e) Any order for support entered by the court under this
31 Section shall be deemed to be a series of judgments against the
32 person obligated to pay support under the judgments, each such
33 judgment to be in the amount of each payment or installment of
34 support and each judgment to be deemed entered as of the date
35 the corresponding payment or installment becomes due under the
36 terms of the support order. Each judgment shall have the full

 

 

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1 force, effect, and attributes of any other judgment of this
2 State, including the ability to be enforced. Each judgment is
3 subject to modification or termination only in accordance with
4 Section 510 of the Illinois Marriage and Dissolution of
5 Marriage Act. A lien arises by operation of law against the
6 real and personal property of the noncustodial parent for each
7 installment of overdue support owed by the noncustodial parent.
8     (f) An order for support entered under this Section shall
9 include a provision requiring the obligor to report to the
10 obligee and to the clerk of the court within 10 days each time
11 the obligor obtains new employment, and each time the obligor's
12 employment is terminated for any reason. The report shall be in
13 writing and shall, in the case of new employment, include the
14 name and address of the new employer.
15     Failure to report new employment or the termination of
16 current employment, if coupled with nonpayment of support for a
17 period in excess of 60 days, is indirect criminal contempt. For
18 any obligor arrested for failure to report new employment, bond
19 shall be set in the amount of the child support that should
20 have been paid during the period of unreported employment.
21     An order for support entered under this Section shall also
22 include a provision requiring the obligor and obligee parents
23 to advise each other of a change in residence within 5 days of
24 the change except when the court finds that the physical,
25 mental, or emotional health of a party or of a minor child, or
26 both, would be seriously endangered by disclosure of the
27 party's address.
28     (g) An order for support entered or modified in a case in
29 which a party is receiving child support enforcement services
30 under Article X of the Illinois Public Aid Code shall include a
31 provision requiring the noncustodial parent to notify the
32 Illinois Department of Public Aid, within 7 days, of the name
33 and address of any new employer of the noncustodial parent,
34 whether the noncustodial parent has access to health insurance
35 coverage through the employer or other group coverage and, if
36 so, the policy name and number and the names of persons covered

 

 

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1 under the policy.
2     (h) In any subsequent action to enforce an order for
3 support entered under this Act, upon sufficient showing that
4 diligent effort has been made to ascertain the location of the
5 noncustodial parent, service of process or provision of notice
6 necessary in that action may be made at the last known address
7 of the noncustodial parent, in any manner expressly provided by
8 the Code of Civil Procedure or in this Act, which service shall
9 be sufficient for purposes of due process.
10     (i) An order for support shall include a date on which the
11 current support obligation terminates. The termination date
12 shall be no earlier than the date on which the child covered by
13 the order will attain the age of 18. However, if the child will
14 not graduate from high school until after attaining the age of
15 18, then the termination date shall be no earlier than the
16 earlier of the date on which the child's high school graduation
17 will occur or the date on which the child will attain the age
18 of 19. The order for support shall state that the termination
19 date does not apply to any arrearage that may remain unpaid on
20 that date. Nothing in this subsection shall be construed to
21 prevent the court from modifying the order or terminating the
22 order in the event the child is otherwise emancipated.
23     (i-5) If there is an unpaid arrearage or delinquency (as
24 those terms are defined in the Income Withholding for Support
25 Act) equal to at least one month's support obligation on the
26 termination date stated in the order for support or, if there
27 is no termination date stated in the order, on the date the
28 child attains the age of majority or is otherwise emancipated,
29 the periodic amount required to be paid for current support of
30 that child immediately prior to that date shall automatically
31 continue to be an obligation, not as current support but as
32 periodic payment toward satisfaction of the unpaid arrearage or
33 delinquency. That periodic payment shall be in addition to any
34 periodic payment previously required for satisfaction of the
35 arrearage or delinquency. The total periodic amount to be paid
36 toward satisfaction of the arrearage or delinquency may be

 

 

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1 enforced and collected by any method provided by law for
2 enforcement and collection of child support, including but not
3 limited to income withholding under the Income Withholding for
4 Support Act. Each order for support entered or modified on or
5 after the effective date of this amendatory Act of the 93rd
6 General Assembly must contain a statement notifying the parties
7 of the requirements of this subsection. Failure to include the
8 statement in the order for support does not affect the validity
9 of the order or the operation of the provisions of this
10 subsection with regard to the order. This subsection shall not
11 be construed to prevent or affect the establishment or
12 modification of an order for support of a minor child or the
13 establishment or modification of an order for support of a
14 non-minor child or educational expenses under Section 513 of
15 the Illinois Marriage and Dissolution of Marriage Act.
16     (j) A support obligation, or any portion of a support
17 obligation, which becomes due and remains unpaid for 30 days or
18 more shall accrue simple interest at the rate of 9% per annum.
19 An order for support entered or modified on or after January 1,
20 2002 shall contain a statement that a support obligation
21 required under the order, or any portion of a support
22 obligation required under the order, that becomes due and
23 remains unpaid for 30 days or more shall accrue simple interest
24 at the rate of 9% per annum. Failure to include the statement
25 in the order for support does not affect the validity of the
26 order or the accrual of interest as provided in this Section.
27 (Source: P.A. 92-374, eff. 8-15-01; 92-590, eff. 7-1-02;
28 92-876, eff. 6-1-03; revised 9-27-03.)
 
29     Section 20. The Income Withholding for Support Act is
30 amended by adding Section 32 as follows:
 
31     (750 ILCS 28/32 new)
32     Sec. 32. Unpaid arrearage or delinquency after current
33 support obligation terminates.
34     (a) When current support terminates on the date stated in

 

 

SB2690 Re-Enrolled - 29 - LRB093 16882 DRJ 42539 b

1 the order for support, or because the child attains the age of
2 majority or is otherwise emancipated, and the amount previously
3 required to be paid for current support of that child
4 automatically continues as an obligation for periodic payment
5 toward satisfaction of unpaid arrearage or delinquency as
6 provided for by law, the obligee or public office may prepare
7 and serve upon the obligor's payor an income withholding notice
8 that:
9         (1) contains the information required under subsection
10     (c) of Section 20; and
11         (2) contains the total amount of the unpaid arrearage
12     or delinquency as of the date of the notice; and
13         (3) directs the payor to withhold, as a periodic
14     payment toward satisfaction of the unpaid arrearage or
15     delinquency, the total of:
16             (A) the periodic amount required to be paid as
17         current support immediately prior to the date the
18         current support obligation terminated under the order,
19         or by the child becoming emancipated by age or
20         otherwise, and
21             (B) any periodic amount previously required for
22         satisfaction of the arrearage or delinquency.
23     (b) The income withholding notice and the obligor's copy of
24 the income withholding notice shall be served as provided in
25 subsection (g) of Section 20.
26     (c) The obligor may contest withholding commenced under
27 this Section by filing a petition to contest withholding with
28 the Clerk of the Circuit Court within 20 days after service of
29 a copy of the income withholding notice on the obligor. The
30 grounds for the petition to contest withholding shall be
31 limited to:
32         (1) a dispute concerning the existence or amount of the
33     unpaid arrearage or delinquency; or
34         (2) the accuracy of the periodic amount required to be
35     withheld for payments of the unpaid arrearage or
36     delinquency under the income withholding notice; or

 

 

SB2690 Re-Enrolled - 30 - LRB093 16882 DRJ 42539 b

1         (3) the identity of the obligor.
2     The Clerk of the Circuit Court shall notify the obligor and
3 the obligee or public office of the time and place of the
4 hearing on the petition to contest withholding. The court shall
5 hold the hearing pursuant to the provisions of Section 40.
 
6     Section 25. The Illinois Parentage Act of 1984 is amended
7 by changing Sections 13.1 and 14 as follows:
 
8     (750 ILCS 45/13.1)
9     Sec. 13.1. Temporary order for child support.
10 Notwithstanding any other law to the contrary, pending the
11 outcome of a judicial determination of parentage, the court
12 shall issue a temporary order for child support, upon motion by
13 a party and a showing of clear and convincing evidence of
14 paternity. In determining the amount of the temporary child
15 support award, the court shall use the guidelines and standards
16 set forth in subsection (a) of Section 505 and in Section 505.2
17 of the Illinois Marriage and Dissolution of Marriage Act.
18     Any new or existing support order entered by the court
19 under this Section shall be deemed to be a series of judgments
20 against the person obligated to pay support thereunder, each
21 such judgment to be in the amount of each payment or
22 installment of support and each judgment to be deemed entered
23 as of the date the corresponding payment or installment becomes
24 due under the terms of the support order. Each such judgment
25 shall have the full force, effect, and attributes of any other
26 judgment of this State, including the ability to be enforced.
27 Any such judgment is subject to modification or termination
28 only in accordance with Section 510 of the Illinois Marriage
29 and Dissolution of Marriage Act. A lien arises by operation of
30 law against the real and personal property of the noncustodial
31 parent for each installment of overdue support owed by the
32 noncustodial parent.
33     All orders for support, when entered or modified, shall
34 include a provision requiring the non-custodial parent to

 

 

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1 notify the court, and in cases in which a party is receiving
2 child support enforcement services under Article X of the
3 Illinois Public Aid Code, the Illinois Department of Public
4 Aid, within 7 days, (i) of the name, address, and telephone
5 number of any new employer of the non-custodial parent, (ii)
6 whether the non-custodial parent has access to health insurance
7 coverage through the employer or other group coverage, and, if
8 so, the policy name and number and the names of persons covered
9 under the policy, and (iii) of any new residential or mailing
10 address or telephone number of the non-custodial parent.
11     In any subsequent action to enforce a support order, upon
12 sufficient showing that diligent effort has been made to
13 ascertain the location of the non-custodial parent, service of
14 process or provision of notice necessary in that action may be
15 made at the last known address of the non-custodial parent, in
16 any manner expressly provided by the Code of Civil Procedure or
17 in this Act, which service shall be sufficient for purposes of
18 due process.
19     An order for support shall include a date on which the
20 current support obligation terminates. The termination date
21 shall be no earlier than the date on which the child covered by
22 the order will attain the age of majority or is otherwise
23 emancipated. The order for support shall state that the
24 termination date does not apply to any arrearage that may
25 remain unpaid on that date. Nothing in this paragraph shall be
26 construed to prevent the court from modifying the order.
27     If there is an unpaid arrearage or delinquency (as those
28 terms are defined in the Income Withholding for Support Act)
29 equal to at least one month's support obligation on the
30 termination date stated in the order for support or, if there
31 is no termination date stated in the order, on the date the
32 child attains the age of majority or is otherwise emancipated,
33 then the periodic amount required to be paid for current
34 support of that child immediately prior to that date shall
35 automatically continue to be an obligation, not as current
36 support but as periodic payment toward satisfaction of the

 

 

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1 unpaid arrearage or delinquency. That periodic payment shall be
2 in addition to any periodic payment previously required for
3 satisfaction of the arrearage or delinquency. The total
4 periodic amount to be paid toward satisfaction of the arrearage
5 or delinquency may be enforced and collected by any method
6 provided by law for the enforcement and collection of child
7 support, including but not limited to income withholding under
8 the Income Withholding for Support Act. Each order for support
9 entered or modified on or after the effective date of this
10 amendatory Act of the 93rd General Assembly must contain a
11 statement notifying the parties of the requirements of this
12 paragraph. Failure to include the statement in the order for
13 support does not affect the validity of the order or the
14 operation of the provisions of this paragraph with regard to
15 the order. This paragraph shall not be construed to prevent or
16 affect the establishment or modification of an order for the
17 support of a minor child or the establishment or modification
18 of an order for the support of a non-minor child or educational
19 expenses under Section 513 of the Illinois Marriage and
20 Dissolution of Marriage Act.
21 (Source: P.A. 92-590, eff. 7-1-02.)
 
22     (750 ILCS 45/14)  (from Ch. 40, par. 2514)
23     Sec. 14. Judgment.
24     (a) (1) The judgment shall contain or explicitly reserve
25 provisions concerning any duty and amount of child support and
26 may contain provisions concerning the custody and guardianship
27 of the child, visitation privileges with the child, the
28 furnishing of bond or other security for the payment of the
29 judgment, which the court shall determine in accordance with
30 the relevant factors set forth in the Illinois Marriage and
31 Dissolution of Marriage Act and any other applicable law of
32 Illinois, to guide the court in a finding in the best interests
33 of the child. In determining custody, joint custody, removal,
34 or visitation, the court shall apply the relevant standards of
35 the Illinois Marriage and Dissolution of Marriage Act,

 

 

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1 including Section 609. Specifically, in determining the amount
2 of any child support award, the court shall use the guidelines
3 and standards set forth in subsection (a) of Section 505 and in
4 Section 505.2 of the Illinois Marriage and Dissolution of
5 Marriage Act. For purposes of Section 505 of the Illinois
6 Marriage and Dissolution of Marriage Act, "net income" of the
7 non-custodial parent shall include any benefits available to
8 that person under the Illinois Public Aid Code or from other
9 federal, State or local government-funded programs. The court
10 shall, in any event and regardless of the amount of the
11 non-custodial parent's net income, in its judgment order the
12 non-custodial parent to pay child support to the custodial
13 parent in a minimum amount of not less than $10 per month. In
14 an action brought within 2 years after a child's birth, the
15 judgment or order may direct either parent to pay the
16 reasonable expenses incurred by either parent related to the
17 mother's pregnancy and the delivery of the child. The judgment
18 or order shall contain the father's social security number,
19 which the father shall disclose to the court; however, failure
20 to include the father's social security number on the judgment
21 or order does not invalidate the judgment or order.
22     (2) If a judgment of parentage contains no explicit award
23 of custody, the establishment of a support obligation or of
24 visitation rights in one parent shall be considered a judgment
25 granting custody to the other parent. If the parentage judgment
26 contains no such provisions, custody shall be presumed to be
27 with the mother; however, the presumption shall not apply if
28 the father has had physical custody for at least 6 months prior
29 to the date that the mother seeks to enforce custodial rights.
30     (b) The court shall order all child support payments,
31 determined in accordance with such guidelines, to commence with
32 the date summons is served. The level of current periodic
33 support payments shall not be reduced because of payments set
34 for the period prior to the date of entry of the support order.
35 The Court may order any child support payments to be made for a
36 period prior to the commencement of the action. In determining

 

 

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1 whether and the extent to which the payments shall be made for
2 any prior period, the court shall consider all relevant facts,
3 including the factors for determining the amount of support
4 specified in the Illinois Marriage and Dissolution of Marriage
5 Act and other equitable factors including but not limited to:
6         (1) The father's prior knowledge of the fact and
7     circumstances of the child's birth.
8         (2) The father's prior willingness or refusal to help
9     raise or support the child.
10         (3) The extent to which the mother or the public agency
11     bringing the action previously informed the father of the
12     child's needs or attempted to seek or require his help in
13     raising or supporting the child.
14         (4) The reasons the mother or the public agency did not
15     file the action earlier.
16         (5) The extent to which the father would be prejudiced
17     by the delay in bringing the action.
18     For purposes of determining the amount of child support to
19 be paid for any period before the date the order for current
20 child support is entered, there is a rebuttable presumption
21 that the father's net income for the prior period was the same
22 as his net income at the time the order for current child
23 support is entered.
24     If (i) the non-custodial parent was properly served with a
25 request for discovery of financial information relating to the
26 non-custodial parent's ability to provide child support, (ii)
27 the non-custodial parent failed to comply with the request,
28 despite having been ordered to do so by the court, and (iii)
29 the non-custodial parent is not present at the hearing to
30 determine support despite having received proper notice, then
31 any relevant financial information concerning the
32 non-custodial parent's ability to provide child support that
33 was obtained pursuant to subpoena and proper notice shall be
34 admitted into evidence without the need to establish any
35 further foundation for its admission.
36     (c) Any new or existing support order entered by the court

 

 

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1 under this Section shall be deemed to be a series of judgments
2 against the person obligated to pay support thereunder, each
3 judgment to be in the amount of each payment or installment of
4 support and each such judgment to be deemed entered as of the
5 date the corresponding payment or installment becomes due under
6 the terms of the support order. Each judgment shall have the
7 full force, effect and attributes of any other judgment of this
8 State, including the ability to be enforced. A lien arises by
9 operation of law against the real and personal property of the
10 noncustodial parent for each installment of overdue support
11 owed by the noncustodial parent.
12     (d) If the judgment or order of the court is at variance
13 with the child's birth certificate, the court shall order that
14 a new birth certificate be issued under the Vital Records Act.
15     (e) On request of the mother and the father, the court
16 shall order a change in the child's name. After hearing
17 evidence the court may stay payment of support during the
18 period of the father's minority or period of disability.
19     (f) If, upon a showing of proper service, the father fails
20 to appear in court, or otherwise appear as provided by law, the
21 court may proceed to hear the cause upon testimony of the
22 mother or other parties taken in open court and shall enter a
23 judgment by default. The court may reserve any order as to the
24 amount of child support until the father has received notice,
25 by regular mail, of a hearing on the matter.
26     (g) A one-time charge of 20% is imposable upon the amount
27 of past-due child support owed on July 1, 1988 which has
28 accrued under a support order entered by the court. The charge
29 shall be imposed in accordance with the provisions of Section
30 10-21 of the Illinois Public Aid Code and shall be enforced by
31 the court upon petition.
32     (h) All orders for support, when entered or modified, shall
33 include a provision requiring the non-custodial parent to
34 notify the court and, in cases in which party is receiving
35 child support enforcement services under Article X of the
36 Illinois Public Aid Code, the Illinois Department of Public

 

 

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1 Aid, within 7 days, (i) of the name and address of any new
2 employer of the non-custodial parent, (ii) whether the
3 non-custodial parent has access to health insurance coverage
4 through the employer or other group coverage and, if so, the
5 policy name and number and the names of persons covered under
6 the policy, and (iii) of any new residential or mailing address
7 or telephone number of the non-custodial parent. In any
8 subsequent action to enforce a support order, upon a sufficient
9 showing that a diligent effort has been made to ascertain the
10 location of the non-custodial parent, service of process or
11 provision of notice necessary in the case may be made at the
12 last known address of the non-custodial parent in any manner
13 expressly provided by the Code of Civil Procedure or this Act,
14 which service shall be sufficient for purposes of due process.
15     (i) An order for support shall include a date on which the
16 current support obligation terminates. The termination date
17 shall be no earlier than the date on which the child covered by
18 the order will attain the age of 18. However, if the child will
19 not graduate from high school until after attaining the age of
20 18, then the termination date shall be no earlier than the
21 earlier of the date on which the child's high school graduation
22 will occur or the date on which the child will attain the age
23 of 19. The order for support shall state that the termination
24 date does not apply to any arrearage that may remain unpaid on
25 that date. Nothing in this subsection shall be construed to
26 prevent the court from modifying the order or terminating the
27 order in the event the child is otherwise emancipated.
28     (i-5) If there is an unpaid arrearage or delinquency (as
29 those terms are defined in the Income Withholding for Support
30 Act) equal to at least one month's support obligation on the
31 termination date stated in the order for support or, if there
32 is no termination date stated in the order, on the date the
33 child attains the age of majority or is otherwise emancipated,
34 the periodic amount required to be paid for current support of
35 that child immediately prior to that date shall automatically
36 continue to be an obligation, not as current support but as

 

 

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1 periodic payment toward satisfaction of the unpaid arrearage or
2 delinquency. That periodic payment shall be in addition to any
3 periodic payment previously required for satisfaction of the
4 arrearage or delinquency. The total periodic amount to be paid
5 toward satisfaction of the arrearage or delinquency may be
6 enforced and collected by any method provided by law for
7 enforcement and collection of child support, including but not
8 limited to income withholding under the Income Withholding for
9 Support Act. Each order for support entered or modified on or
10 after the effective date of this amendatory Act of the 93rd
11 General Assembly must contain a statement notifying the parties
12 of the requirements of this subsection. Failure to include the
13 statement in the order for support does not affect the validity
14 of the order or the operation of the provisions of this
15 subsection with regard to the order. This subsection shall not
16 be construed to prevent or affect the establishment or
17 modification of an order for support of a minor child or the
18 establishment or modification of an order for support of a
19 non-minor child or educational expenses under Section 513 of
20 the Illinois Marriage and Dissolution of Marriage Act.
21     (j) An order entered under this Section shall include a
22 provision requiring the obligor to report to the obligee and to
23 the clerk of court within 10 days each time the obligor obtains
24 new employment, and each time the obligor's employment is
25 terminated for any reason. The report shall be in writing and
26 shall, in the case of new employment, include the name and
27 address of the new employer. Failure to report new employment
28 or the termination of current employment, if coupled with
29 nonpayment of support for a period in excess of 60 days, is
30 indirect criminal contempt. For any obligor arrested for
31 failure to report new employment bond shall be set in the
32 amount of the child support that should have been paid during
33 the period of unreported employment. An order entered under
34 this Section shall also include a provision requiring the
35 obligor and obligee parents to advise each other of a change in
36 residence within 5 days of the change except when the court

 

 

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1 finds that the physical, mental, or emotional health of a party
2 or that of a minor child, or both, would be seriously
3 endangered by disclosure of the party's address.
4 (Source: P.A. 92-590, eff. 7-1-02; 92-876, eff. 6-1-03; 93-139,
5 eff. 7-10-03; revised 9-15-03.)
 
6     Section 99. Effective date. This Act takes effect on
7 January 1, 2005.