Full Text of HB6107 99th General Assembly
HB6107 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB6107 Introduced 2/11/2016, by Rep. Bill Mitchell SYNOPSIS AS INTRODUCED: |
| 305 ILCS 5/9A-11.1 new | | 305 ILCS 5/9A-11.2 new | | 305 ILCS 5/10-1 | from Ch. 23, par. 10-1 | 305 ILCS 5/10-3 | from Ch. 23, par. 10-3 | 305 ILCS 5/10-4 | from Ch. 23, par. 10-4 | 305 ILCS 5/10-8 | from Ch. 23, par. 10-8 | 305 ILCS 5/10-10 | from Ch. 23, par. 10-10 |
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Amends the Illinois Public Aid Code. In provisions concerning the child care assistance program, requires the Department of Healthcare and Family Services to furnish child support enforcement services in
behalf of persons who
are applicants for or recipients of child care benefits in accordance with the requirements of Title IV, Part D of the
Social Security Act. Provides that a parent or other person having custody of a child receiving child care benefits must comply with any rules adopted by the Department regarding enforcement of a child support obligation. Requires the Department of Human Services to, by rule, establish a system of sanctions for persons who fail to cooperate, without good cause, with the child support programs provided under the Code or Title IV of the federal Social Security Act. Makes changes concerning the child support enforcement services provided by the Department. Provides that, by accepting financial aid under the child care assistance program, a spouse or a parent or
other person having custody of a child is deemed to have made
assignment to the Department of
any and all rights, title, and interest in any support obligation, including statutory interest thereon, up to
the amount of financial aid provided. Makes other changes concerning notification of support obligation, support payments, and judicial enforcement of
the support liability. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning public aid.
| 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 10-1, 10-3, 10-4, 10-8, and 10-10 and by | 6 | | adding Sections 9A-11.1 and Section 9A-11.2 as follows: | 7 | | (305 ILCS 5/9A-11.1 new) | 8 | | Sec. 9A-11.1. Enforcement of parental child support | 9 | | obligation. If the parent or parents of a child receiving child | 10 | | care benefits under Section 9A-11 are failing to meet or are | 11 | | delinquent in their legal obligation to support the child, the | 12 | | parent or other person having custody of the child or the | 13 | | Department of Healthcare and Family Services may request the | 14 | | law enforcement officer authorized or directed by law to so act | 15 | | to file an action for the enforcement of such remedies as the | 16 | | law provides for the fulfillment of the child support | 17 | | obligation.
If a parent of a child receiving child care | 18 | | benefits under Section 9A-11 has a judicial remedy against the | 19 | | other parent to compel child support, or if, as the result of | 20 | | an action initiated by or in behalf of one parent against the | 21 | | other, a child support order has been entered in respect to | 22 | | which there is noncompliance or delinquency, or where the order | 23 | | so entered may be changed upon petition to the court to provide |
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| 1 | | additional support, the parent or other person having custody | 2 | | of the child or the Department of Healthcare and Family | 3 | | Services may request the appropriate law enforcement officer to | 4 | | seek enforcement of the remedy, or of the support order, or a | 5 | | change therein to provide additional support. If the law | 6 | | enforcement officer is not authorized by law to so act in these | 7 | | instances, the parent, or if so authorized by law the other | 8 | | person having custody of the child, or the Department of | 9 | | Healthcare and Family Services may initiate an action to | 10 | | enforce these remedies. | 11 | | The Department of Healthcare and Family Services shall | 12 | | furnish child support enforcement services in
behalf of persons | 13 | | who
are applicants for or recipients of child care benefits
| 14 | | under Section 9A-11 in accordance with the requirements of | 15 | | Title IV, Part D of the
Social Security Act. | 16 | | A parent or other person having custody of the child | 17 | | receiving child care benefits must comply with any rules | 18 | | adopted by the Department of Healthcare and Family Services | 19 | | regarding enforcement of the child support obligation. The | 20 | | Department of Healthcare and Family Services and the Department | 21 | | of Human Services may provide by rule for the grant or | 22 | | continuation of benefits to the person for a temporary period | 23 | | if he or she accepts counseling or other services designed to | 24 | | increase his or her motivation to seek enforcement of the child | 25 | | support obligation. | 26 | | In addition to any other definition of failure or refusal |
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| 1 | | to comply with the requirements of Title IV, Part D of the | 2 | | Social Security Act, or any rules adopted by the Department of | 3 | | Healthcare and Family Services pursuant to this Section, in the | 4 | | case of failure to attend court hearings, the parent or other | 5 | | person having custody of the child may show cooperation by | 6 | | attending a court hearing or, if a court hearing cannot be | 7 | | scheduled within 14 days following the court hearing that was | 8 | | missed, by signing a statement that the parent or other person | 9 | | is now willing to cooperate in the child support enforcement | 10 | | process and will appear at any later scheduled court date. The | 11 | | parent or other person may show cooperation by signing such a | 12 | | statement only once. If failure to attend the court hearing or | 13 | | other failure to cooperate results in the case being dismissed, | 14 | | such a statement may be signed after 2 months. | 15 | | Any evidence a parent or other person having custody of the | 16 | | child gives in order to comply with the requirements of this | 17 | | Section shall not render him or her liable to prosecution under | 18 | | Section 11-35 or 11-40 of the Criminal Code of 2012. | 19 | | When so requested, the Department of Healthcare and Family | 20 | | Services and the Department of Human Services shall provide | 21 | | such services and assistance as the law enforcement officer may | 22 | | require in connection with the filing of any action hereunder. | 23 | | The Department of Healthcare and Family Services and the | 24 | | Department of Human Services, as an expense of administration, | 25 | | may also provide applicants for and recipients of child care | 26 | | benefits with such services and assistance, including |
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| 1 | | assumption of the reasonable costs of prosecuting any action or | 2 | | proceeding, as may be necessary to enable them to enforce the | 3 | | child support liability required hereunder. | 4 | | Nothing in this Section shall be construed as a requirement | 5 | | that an applicant or recipient file an action for dissolution | 6 | | of marriage against his or her spouse. | 7 | | The Department of Healthcare and Family Services and the | 8 | | Department of Human Services shall adopt any rules necessary to | 9 | | implement this Section. | 10 | | (305 ILCS 5/9A-11.2 new) | 11 | | Sec. 9A-11.2. Sanctions. | 12 | | (a) The Department of Human Services shall, by rule, | 13 | | establish a system of sanctions for persons who fail to | 14 | | cooperate, without good cause, with child support programs | 15 | | under this Article, Article X, or Title IV, Part D of the | 16 | | Social Security Act. The sanctions may discontinue all or part | 17 | | of the child care benefits provided under this Article. The | 18 | | sanctions may be time limited or continue until the person | 19 | | cooperates in the program. The sanctions may be progressive in | 20 | | that a second, third, or further sanction may be progressively | 21 | | more severe or last longer. | 22 | | (b) The Department shall, by rule, define what constitutes | 23 | | failure to cooperate and what constitutes good cause which | 24 | | would excuse that failure.
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| 1 | | (305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
| 2 | | Sec. 10-1. Declaration of Public Policy - Persons Eligible | 3 | | for Child Support
Enforcement Services - Fees for | 4 | | Non-Applicants and
Non-Recipients.) It is the intent of this | 5 | | Code that the financial aid
and social welfare services herein | 6 | | provided supplement rather than
supplant the primary and | 7 | | continuing obligation of the family unit for
self-support to | 8 | | the fullest extent permitted by the resources available
to it. | 9 | | This primary and continuing obligation applies whether the | 10 | | family
unit of parents and children or of husband and wife | 11 | | remains intact and
resides in a common household or whether the | 12 | | unit has been broken by
absence of one or more members of the | 13 | | unit. The obligation of the
family unit is particularly | 14 | | applicable when a member is in necessitous
circumstances and | 15 | | lacks the means of a livelihood compatible with health
and | 16 | | well-being.
| 17 | | It is the purpose of this Article to provide for locating | 18 | | an absent
parent or spouse, for determining his financial | 19 | | circumstances, and for
enforcing his legal obligation of | 20 | | support, if he is able to furnish
support, in whole or in part. | 21 | | The Department of Healthcare and Family Services shall give
| 22 | | priority to establishing, enforcing
and collecting the current | 23 | | support obligation, and then to past due support
owed to the | 24 | | family unit, except with respect to collections effected
| 25 | | through the intercept programs provided for in this Article.
| 26 | | The child support enforcement services provided hereunder
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| 1 | | shall be
furnished dependents of an absent parent or spouse who | 2 | | are applicants
for or recipients of financial aid under this | 3 | | Code. It is not,
however, a condition of eligibility for | 4 | | financial aid that there be no
responsible relatives who are | 5 | | reasonably able to provide support. Nor,
except as provided in | 6 | | Sections 4-1.7 and 10-8, shall the existence of
such relatives | 7 | | or their payment of support contributions disqualify a
needy | 8 | | person for financial aid.
| 9 | | By accepting financial aid under this Code, a spouse or a | 10 | | parent or
other person having custody of a child shall be | 11 | | deemed to have made
assignment to the Illinois Department for | 12 | | aid under Articles III, IV,
V , and VII , and IXA or to a local | 13 | | governmental unit for aid under Article VI of
any and all | 14 | | rights, title, and interest in any support obligation, | 15 | | including statutory interest thereon, up to
the amount of | 16 | | financial aid provided. The rights to support assigned to
the | 17 | | Department of Healthcare and Family Services (formerly
| 18 | | Illinois Department of Public Aid) or local governmental unit | 19 | | shall
constitute an
obligation owed the State or local | 20 | | governmental unit by the person who
is responsible for | 21 | | providing the support, and shall be collectible under
all | 22 | | applicable processes.
| 23 | | The Department of Healthcare and Family Services shall also | 24 | | furnish the child support enforcement services established | 25 | | under this Article in
behalf of persons who
are not applicants | 26 | | for or recipients of financial aid
under this Code in |
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| 1 | | accordance with the requirements of Title IV, Part D of the
| 2 | | Social Security Act. The Department may
establish a schedule of | 3 | | reasonable fees, to be paid for the services
provided and may | 4 | | deduct a collection fee, not to exceed 10% of the amount
| 5 | | collected, from such collection.
The
Department of Healthcare | 6 | | and Family Services shall cause to be published and
distributed | 7 | | publications
reasonably calculated to inform the public that | 8 | | individuals who are not
recipients of or applicants for public | 9 | | aid under this Code are eligible
for the child support | 10 | | enforcement services under this
Article X. Such
publications
| 11 | | shall set forth an explanation, in plain language, that the | 12 | | child
support enforcement services program is independent of | 13 | | any public
aid program under the Code and that the receiving of | 14 | | child
support
enforcement services in no way implies that the | 15 | | person
receiving such services is receiving
public aid.
| 16 | | (Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07.)
| 17 | | (305 ILCS 5/10-3) (from Ch. 23, par. 10-3)
| 18 | | Sec. 10-3. Standard and Regulations for Determining | 19 | | Ability to Support.
The Illinois Department shall establish a | 20 | | standard by which shall be
measured the ability of responsible | 21 | | relatives to provide support, and shall
implement the standard | 22 | | by rules governing its application. The standard and
the rules | 23 | | shall take into account the buying and consumption patterns of
| 24 | | self-supporting persons of modest income, present or future | 25 | | contingencies
having direct bearing on maintenance of the |
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| 1 | | relative's self-support status
and fulfillment of his | 2 | | obligations to his immediate family, and any unusual
or | 3 | | exceptional circumstances including estrangement or other | 4 | | personal or
social factors, that have a bearing on family | 5 | | relationships and the
relative's ability to meet his support | 6 | | obligations. The standard shall be
recomputed periodically to | 7 | | reflect changes in the cost of living and other
pertinent | 8 | | factors.
| 9 | | In addition to the standard, the Illinois Department may
| 10 | | establish guidelines to be used exclusively to measure the | 11 | | ability of
responsible relatives to provide support on behalf | 12 | | of applicants for or
recipients of financial aid under Article | 13 | | IV of this Act and other persons
who are given access to the | 14 | | child support enforcement
services of this
Article as provided | 15 | | in Section 10-1. In such case, the Illinois Department
shall | 16 | | base the guidelines upon the applicable provisions of Sections | 17 | | 504,
505 and 505.2 of the Illinois Marriage and Dissolution of | 18 | | Marriage Act, as
amended, and shall implement such guidelines | 19 | | by rules governing
their application.
| 20 | | The term "administrative enforcement unit", when used
in | 21 | | this Article, means local governmental units or the Child and | 22 | | Spouse Support
Unit established under Section 10-3.1 when | 23 | | exercising the powers designated in
this Article. The | 24 | | administrative enforcement unit shall apply the standard
or | 25 | | guidelines, rules and procedures provided for by this Section | 26 | | and Sections
10-4 through 10-8 in determining the ability of |
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| 1 | | responsible relatives to
provide support for applicants for or | 2 | | recipients of financial aid under
this Code, except that the | 3 | | administrative enforcement unit may apply such
standard or | 4 | | guidelines, rules and procedures at its discretion with
respect | 5 | | to those applicants for or recipients of financial aid under
| 6 | | Article IV , applicants for or recipients of child care benefits | 7 | | under Article IXA, and other persons who are given access to | 8 | | the child
support enforcement services of this Article as | 9 | | provided by Section 10-1.
| 10 | | (Source: P.A. 92-590, eff. 7-1-02; 92-651, eff. 7-11-02.)
| 11 | | (305 ILCS 5/10-4) (from Ch. 23, par. 10-4)
| 12 | | Sec. 10-4. Notification of Support Obligation. The | 13 | | administrative enforcement unit within the authorized area of | 14 | | its
operation shall notify each responsible relative of an | 15 | | applicant or recipient,
or responsible relatives of other | 16 | | persons given access to the child support
enforcement services
| 17 | | of this Article, of his legal obligation to support and shall | 18 | | request such
information concerning his financial status as may | 19 | | be necessary to
determine whether he is financially able to | 20 | | provide such support, in whole
or in part. In cases involving a | 21 | | child born out of wedlock, the notification
shall include a | 22 | | statement that the responsible relative has been named as the
| 23 | | biological father of the child identified in the notification.
| 24 | | In the case of applicants, the notification shall be sent | 25 | | as soon as
practical after the filing of the application. In |
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| 1 | | the case of recipients,
the notice shall be sent at such time | 2 | | as may be established by rule of the
Illinois Department.
| 3 | | The notice shall be accompanied by the forms or | 4 | | questionnaires provided
in Section 10-5. It shall inform the | 5 | | relative that he may be liable for
reimbursement of any support | 6 | | furnished from public aid funds prior to
determination of the | 7 | | relative's financial circumstances, as well as for
future | 8 | | support.
In the alternative, when support is sought on
behalf | 9 | | of applicants for or
recipients of financial aid under Article | 10 | | IV of this Code and other persons who
are given access to the | 11 | | child support enforcement services
of this Article as
provided | 12 | | in Section 10-1, the notice shall inform the relative that the
| 13 | | relative may be required to pay support for a period before the | 14 | | date an
administrative support order is entered, as well as | 15 | | future support.
| 16 | | Neither the mailing nor receipt of such notice shall be | 17 | | deemed a
jurisdictional requirement for the subsequent | 18 | | exercise of the investigative
procedures undertaken by an | 19 | | administrative enforcement unit or the entry of
any order or | 20 | | determination of paternity or support or reimbursement
by the
| 21 | | administrative enforcement unit; except that notice shall be | 22 | | served by
certified mail addressed to the responsible relative | 23 | | at his or her last
known address, return receipt requested, or | 24 | | by a person who is licensed or registered as a private | 25 | | detective under the Private Detective, Private Alarm, Private | 26 | | Security, Fingerprint Vendor, and Locksmith Act of 2004 or by a |
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| 1 | | registered employee of a private detective agency certified | 2 | | under that Act, or in counties with a population of less than | 3 | | 2,000,000 by any method provided by law
for service of summons, | 4 | | in cases where a determination of paternity or
support by | 5 | | default is sought on
behalf of applicants for or recipients of | 6 | | financial aid under Article IV
of this Code, applicants for or | 7 | | recipients of child care benefits under Article IXA of this | 8 | | Code, Act and other persons who are given access to the child
| 9 | | support enforcement services of this Article as provided in | 10 | | Section 10-1.
| 11 | | (Source: P.A. 94-92, eff. 6-30-05; 95-613, eff. 9-11-07.)
| 12 | | (305 ILCS 5/10-8) (from Ch. 23, par. 10-8)
| 13 | | Sec. 10-8. Support Payments - Partial Support - Full | 14 | | Support. The
notice to responsible relatives issued pursuant to | 15 | | Section 10-7 shall
direct payment (a) to the Illinois | 16 | | Department in cases of applicants and
recipients under Articles | 17 | | III, IV, V , and VII, and IXA, (b) except as provided in
Section | 18 | | 10-3.1, to the local governmental unit in the case of | 19 | | applicants
and recipients under Article VI, and (c) to the | 20 | | Illinois
Department in cases of non-applicants and | 21 | | non-recipients given access to
the child support enforcement | 22 | | services of this Article, as
provided by
Section 10-1. However, | 23 | | if the support payments by responsible relatives
are sufficient | 24 | | to meet needs of a recipient in full, including current
and | 25 | | anticipated medical needs, and the Illinois Department or the |
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| 1 | | local
governmental unit, as the case may be, has reasonable | 2 | | grounds to believe
that such needs will continue to be provided | 3 | | in full by the responsible
relatives, the relatives may be | 4 | | directed to make subsequent support
payments to the needy | 5 | | person or to some person or agency in his behalf
and the | 6 | | recipient shall be removed from the rolls. In such instance the
| 7 | | recipient also shall be notified by registered or certified | 8 | | mail of the
action taken. If a recipient removed from the rolls | 9 | | requests the
Illinois Department to continue to collect the | 10 | | support payments in his
behalf, the Department, at its option, | 11 | | may do so and pay amounts so
collected to the person. The | 12 | | Department may provide for deducting any
costs incurred by it | 13 | | in making the collection from the amount of any
recovery made | 14 | | and pay only the net amount to the person.
| 15 | | Payments under this Section to the Illinois Department | 16 | | pursuant to the
Child Support Enforcement Program established | 17 | | by Title IV-D of the Social
Security Act shall be paid into the | 18 | | Child Support Enforcement Trust Fund.
All payments under this | 19 | | Section to the Illinois Department of Human
Services shall be | 20 | | deposited in the DHS Recoveries
Trust Fund. Disbursements from | 21 | | these funds shall be as provided in Sections
12-9.1 and 12-10.2 | 22 | | of this Code. Payments received by a local
governmental unit | 23 | | shall be deposited in that unit's General Assistance Fund.
| 24 | | To the extent the provisions of this Section are | 25 | | inconsistent with the
requirements pertaining to the State | 26 | | Disbursement Unit under Sections 10-10.4
and 10-26 of this |
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| 1 | | Code, the requirements pertaining to the State Disbursement
| 2 | | Unit shall apply.
| 3 | | (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 92-16, | 4 | | eff.
6-28-01; 92-590, eff. 7-1-02.)
| 5 | | (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
| 6 | | Sec. 10-10. Court enforcement; applicability also to | 7 | | persons who are
not applicants or recipients. Except where the | 8 | | Illinois Department, by
agreement, acts for the local | 9 | | governmental unit, as provided in Section
10-3.1, local | 10 | | governmental units shall refer to the State's Attorney or
to | 11 | | the proper legal representative of the governmental unit, for
| 12 | | judicial enforcement as herein provided, instances of | 13 | | non-support or
insufficient support when the dependents are | 14 | | applicants or recipients
under Article VI. The Child and Spouse | 15 | | Support Unit
established by Section 10-3.1 may institute in | 16 | | behalf of the Illinois
Department any actions under this | 17 | | Section for judicial enforcement of
the support liability when | 18 | | the dependents are (a) applicants or
recipients under Articles | 19 | | III, IV, V , or VII , or IXA ; (b) applicants or recipients
in a | 20 | | local governmental unit when the Illinois Department, by | 21 | | agreement,
acts for the unit; or (c) non-applicants or | 22 | | non-recipients who are
receiving child support enforcement | 23 | | services under this Article X, as
provided
in Section 10-1. | 24 | | Where the Child and Spouse Support Unit has exercised
its | 25 | | option and discretion not to apply the provisions of Sections |
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| 1 | | 10-3 through
10-8, the failure by the Unit to apply such | 2 | | provisions shall not be a bar
to bringing an action under this | 3 | | Section.
| 4 | | Action shall be brought in the circuit court to obtain | 5 | | support, or
for the recovery of aid granted during the period | 6 | | such support was not
provided, or both for the obtainment of | 7 | | support and the recovery of the
aid provided. Actions for the | 8 | | recovery of aid may be taken separately
or they may be | 9 | | consolidated with actions to obtain support. Such
actions may | 10 | | be brought in the name of the person or persons requiring
| 11 | | support, or may be brought in the name of the Illinois | 12 | | Department or the
local governmental unit, as the case | 13 | | requires, in behalf of such persons.
| 14 | | The court may enter such orders for the payment of moneys | 15 | | for the
support of the person as may be just and equitable and | 16 | | may direct
payment thereof for such period or periods of time | 17 | | as the circumstances
require, including support for a period | 18 | | before the date the order for support
is entered. The order may | 19 | | be entered against any or all of the defendant
responsible | 20 | | relatives and may be based upon the proportionate ability of
| 21 | | each to contribute to the person's support.
| 22 | | The Court shall determine the amount of child support | 23 | | (including child
support for a period before the date the order | 24 | | for child support is entered)
by
using the
guidelines and | 25 | | standards set forth in subsection (a) of Section 505 and in
| 26 | | Section 505.2 of the Illinois Marriage and Dissolution of |
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| 1 | | Marriage Act.
For purposes of determining the amount of child | 2 | | support to be paid for a
period before the date the order for | 3 | | child support is entered, there is a
rebuttable
presumption | 4 | | that the responsible relative's net income for that period was | 5 | | the
same as his or her net income at the time the order is | 6 | | entered.
| 7 | | If (i) the responsible relative was properly served with a | 8 | | request for
discovery of
financial information relating to the | 9 | | responsible relative's ability to provide
child support, (ii)
| 10 | | the responsible relative failed to comply with the request, | 11 | | despite having been
ordered to
do so by the court, and (iii) | 12 | | the responsible relative is not present at the
hearing to
| 13 | | determine support despite having received proper notice, then | 14 | | any relevant
financial
information concerning the responsible | 15 | | relative's ability to provide child
support
that was
obtained | 16 | | pursuant to subpoena and proper notice shall be admitted into | 17 | | evidence
without
the need to establish any further foundation | 18 | | for its admission.
| 19 | | An order entered under this Section shall include a | 20 | | provision requiring
the obligor to report to the obligee and to | 21 | | the clerk of court within 10 days
each time the obligor obtains | 22 | | new employment, and each time the obligor's
employment is | 23 | | terminated for any reason.
The report shall be in writing and | 24 | | shall, in the case of new employment,
include the name and | 25 | | address of the new employer.
Failure to report new employment | 26 | | or
the termination of current employment, if coupled with |
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| 1 | | nonpayment of support
for a period in excess of 60 days, is | 2 | | indirect criminal contempt. For
any obligor arrested for | 3 | | failure to report new employment bond shall be set in
the | 4 | | amount of the child support that should have been paid during | 5 | | the period of
unreported employment. An order entered under | 6 | | this Section shall also include
a provision requiring the | 7 | | obligor and obligee parents to advise each other of a
change in | 8 | | residence within 5 days of the change
except when the court | 9 | | finds that the physical, mental, or emotional health
of a party | 10 | | or that of a minor child, or both, would be seriously | 11 | | endangered by
disclosure of the party's address.
| 12 | | The Court shall determine the amount of maintenance using | 13 | | the standards
set forth in Section 504 of the Illinois Marriage | 14 | | and Dissolution of Marriage
Act.
| 15 | | Any new or existing support order entered by the court | 16 | | under this
Section shall be deemed to be a series of judgments | 17 | | against the person
obligated to pay support thereunder, each | 18 | | such judgment to be in the amount
of each payment or | 19 | | installment of support and each such judgment to be
deemed | 20 | | entered as of the date the corresponding payment or installment
| 21 | | becomes due under the terms of the support order. Each such | 22 | | judgment shall
have the full force, effect and attributes of | 23 | | any other judgment of this
State, including the ability to be | 24 | | enforced. Any such judgment is subject
to modification or | 25 | | termination only in accordance with Section 510 of the
Illinois | 26 | | Marriage and Dissolution of Marriage Act.
Notwithstanding any |
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| 1 | | other State or local law to the contrary, a lien arises by | 2 | | operation of law against the real and personal property of
the | 3 | | noncustodial parent for each
installment of overdue support | 4 | | owed by the noncustodial parent.
| 5 | | When an order is entered for the support of a minor, the | 6 | | court may
provide therein for reasonable visitation of the | 7 | | minor by the person or
persons who provided support pursuant to | 8 | | the order. Whoever willfully
refuses to comply with such | 9 | | visitation order or willfully interferes
with its enforcement | 10 | | may be declared in contempt of court and punished
therefor.
| 11 | | Except where the local governmental unit has entered into | 12 | | an
agreement with the Illinois Department for the Child and | 13 | | Spouse Support
Unit to act for it, as provided in Section | 14 | | 10-3.1, support orders
entered by the court in cases involving | 15 | | applicants or recipients under
Article VI shall provide that | 16 | | payments thereunder be made
directly to the local governmental | 17 | | unit. Orders for the support of all
other applicants or | 18 | | recipients shall provide that payments thereunder be
made | 19 | | directly to the Illinois Department.
In accordance with federal | 20 | | law and regulations, the Illinois Department may
continue to | 21 | | collect current maintenance payments or child support | 22 | | payments, or
both, after those persons cease to receive public | 23 | | assistance and until
termination of services under Article X. | 24 | | The Illinois Department shall pay the
net amount collected to | 25 | | those persons after deducting any costs incurred in
making
the | 26 | | collection or any collection fee from the amount of any |
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| 1 | | recovery made. In both cases the order shall permit the local
| 2 | | governmental unit or the Illinois Department, as the case may | 3 | | be, to direct
the responsible relative or relatives to make | 4 | | support payments directly to
the needy person, or to some | 5 | | person or agency in his behalf, upon removal
of the person from | 6 | | the public aid rolls or upon termination of services under
| 7 | | Article X.
| 8 | | If the notice of support due issued pursuant to Section | 9 | | 10-7 directs
that support payments be made directly to the | 10 | | needy person, or to some
person or agency in his behalf, and | 11 | | the recipient is removed from the
public aid rolls, court | 12 | | action may be taken against the responsible
relative hereunder | 13 | | if he fails to furnish support in accordance with the
terms of | 14 | | such notice.
| 15 | | Actions may also be brought under this Section in behalf of | 16 | | any
person who is in need of support from responsible | 17 | | relatives, as defined
in Section 2-11 of Article II who is not | 18 | | an applicant for or recipient
of financial aid under this Code. | 19 | | In such instances, the State's
Attorney of the county in which | 20 | | such person resides shall bring action
against the responsible | 21 | | relatives hereunder. If the Illinois
Department, as authorized | 22 | | by Section 10-1, extends the child support
enforcement
services
| 23 | | provided by this Article to spouses and dependent children who | 24 | | are not
applicants or recipients under this Code, the Child and | 25 | | Spouse Support
Unit established by Section 10-3.1 shall bring | 26 | | action against the
responsible relatives hereunder and any |
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| 1 | | support orders entered by the
court in such cases shall provide | 2 | | that payments thereunder be made
directly to the Illinois | 3 | | Department.
| 4 | | Whenever it is determined in a proceeding to establish or | 5 | | enforce a child
support or maintenance obligation that the | 6 | | person owing a duty of support
is unemployed, the court may | 7 | | order the person to seek employment and report
periodically to | 8 | | the court with a diary, listing or other memorandum of his
or | 9 | | her efforts in accordance with such order. Additionally, the | 10 | | court may
order the unemployed person to report to the | 11 | | Department of Employment
Security for job search services or to | 12 | | make application with the local Job
Training Partnership Act | 13 | | provider for participation in job search,
training or work | 14 | | programs and where the duty of support is owed to a child
| 15 | | receiving child support enforcement services under this | 16 | | Article X, the
court may
order the
unemployed person to report | 17 | | to the Illinois Department for participation
in job search, | 18 | | training or work programs established under Section 9-6 and
| 19 | | Article IXA of this Code.
| 20 | | Whenever it is determined that a person owes past-due | 21 | | support for a child
receiving assistance under this Code, the | 22 | | court shall order at the request of
the Illinois Department:
| 23 | | (1) that the person pay the past-due support in | 24 | | accordance with a plan
approved by the court; or
| 25 | | (2) if the person owing past-due support is unemployed, | 26 | | is subject to
such a plan, and is not incapacitated, that |
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| 1 | | the person participate in such job
search, training, or | 2 | | work programs established under Section 9-6 and Article
IXA | 3 | | of this Code as the court deems appropriate.
| 4 | | A determination under this Section shall not be | 5 | | administratively
reviewable by the procedures specified in | 6 | | Sections 10-12, and 10-13 to
10-13.10. Any determination under | 7 | | these Sections, if made the basis of
court action under this | 8 | | Section, shall not affect the de novo judicial
determination | 9 | | required under this Section.
| 10 | | If a person who is found guilty of contempt for failure to | 11 | | comply with an order to pay support is a person who conducts a | 12 | | business or who is self-employed, the court in addition to | 13 | | other penalties provided by law may order that the person do | 14 | | one or more of the following: (i) provide to the court monthly | 15 | | financial statements showing income and expenses from the | 16 | | business or the self-employment; (ii) seek employment and | 17 | | report periodically to the court with a diary, listing, or | 18 | | other memorandum of his or her employment search efforts; or | 19 | | (iii) report to the Department of Employment Security for job | 20 | | search services to find employment that will be subject to | 21 | | withholding of child support. | 22 | | A one-time charge of 20% is imposable upon the amount of | 23 | | past-due child
support owed on July 1, 1988 which has accrued | 24 | | under a support order
entered by the court. The charge shall be | 25 | | imposed in accordance with the
provisions of Section 10-21 of | 26 | | this Code and shall be enforced by the court
upon petition.
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| 1 | | All orders for support, when entered or modified, shall
| 2 | | include a provision requiring the non-custodial parent to | 3 | | notify the court and,
in cases in which a party is receiving | 4 | | child support
enforcement services under
this Article X, the | 5 | | Illinois Department, within 7 days, (i) of the name,
address, | 6 | | and telephone number of any new employer of the non-custodial | 7 | | parent,
(ii) whether the non-custodial parent has access to | 8 | | health insurance coverage
through the employer or other group | 9 | | coverage and, if so, the policy name and
number and the names | 10 | | of persons covered under
the policy, and (iii) of any new | 11 | | residential or mailing address or telephone
number of the | 12 | | non-custodial parent. In any subsequent action to enforce a
| 13 | | support order, upon a sufficient showing that a diligent effort | 14 | | has been made
to ascertain the location of the non-custodial | 15 | | parent, service of process or
provision of notice necessary in | 16 | | the case may be made at the last known
address of the | 17 | | non-custodial parent in any manner expressly provided by the
| 18 | | Code of Civil Procedure or this Code, which service shall be | 19 | | sufficient for
purposes of due process.
| 20 | | An order for support shall include a date on which the | 21 | | current support
obligation terminates. The termination date | 22 | | shall be no earlier than the
date on which the child covered by | 23 | | the order will attain the age of
18. However, if the child will | 24 | | not graduate from high school until after
attaining the age
of | 25 | | 18, then the termination date shall be no earlier than the | 26 | | earlier of the
date on which
the child's high school graduation |
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| 1 | | will occur or the date on which the child
will attain the
age | 2 | | of 19. The order for support shall state
that the termination | 3 | | date does not apply to
any arrearage that may remain unpaid on | 4 | | that date. Nothing in this paragraph
shall be construed to | 5 | | prevent the court from modifying the order or terminating
the | 6 | | order in the event the child is otherwise emancipated.
| 7 | | If there is an unpaid arrearage or delinquency (as those | 8 | | terms are defined in the Income Withholding for Support Act) | 9 | | equal to at least one month's support obligation on the | 10 | | termination date stated in the order for support or, if there | 11 | | is no termination date stated in the order, on the date the | 12 | | child attains the age of majority or is otherwise emancipated, | 13 | | then the periodic amount required to be paid for current | 14 | | support of that child immediately prior to that date shall | 15 | | automatically continue to be an obligation, not as current | 16 | | support but as periodic payment toward satisfaction of the | 17 | | unpaid arrearage or delinquency. That periodic payment shall be | 18 | | in addition to any periodic payment previously required for | 19 | | satisfaction of the arrearage or delinquency. The total | 20 | | periodic amount to be paid toward satisfaction of the arrearage | 21 | | or delinquency may be enforced and collected by any method | 22 | | provided by law for the enforcement and collection of child | 23 | | support, including but not limited to income withholding under | 24 | | the Income Withholding for Support Act. Each order for support | 25 | | entered or modified on or after the effective date of this | 26 | | amendatory Act of the 93rd General Assembly must contain a |
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| 1 | | statement notifying the parties of the requirements of this | 2 | | paragraph. Failure to include the statement in the order for | 3 | | support does not affect the validity of the order or the | 4 | | operation of the provisions of this paragraph with regard to | 5 | | the order. This paragraph shall not be construed to prevent or | 6 | | affect the establishment or modification of an order for the | 7 | | support of a minor child or the establishment or modification | 8 | | of an order for the support of a non-minor child or educational | 9 | | expenses under Section 513 of the Illinois Marriage and | 10 | | Dissolution of Marriage Act.
| 11 | | Payments under this Section to the Illinois Department | 12 | | pursuant to the
Child Support Enforcement Program established | 13 | | by Title IV-D of the Social
Security Act shall be paid into the | 14 | | Child Support Enforcement Trust Fund.
All payments under this | 15 | | Section to the Illinois Department of Human
Services shall be | 16 | | deposited in the DHS Recoveries
Trust Fund. Disbursements from | 17 | | these funds shall be as provided in Sections
12-9.1 and 12-10.2 | 18 | | of this Code. Payments received by a local
governmental unit | 19 | | shall be deposited in that unit's General Assistance Fund.
| 20 | | To the extent the provisions of this Section are | 21 | | inconsistent with the
requirements pertaining to the State | 22 | | Disbursement Unit under Sections 10-10.4
and 10-26 of this | 23 | | Code, the requirements pertaining to the State Disbursement
| 24 | | Unit shall apply.
| 25 | | (Source: P.A. 97-186, eff. 7-22-11; 97-1029, eff. 1-1-13.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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