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91st General Assembly
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Public Act 91-0655

HB0421 Re-Enrolled                            LRB9101149SMdvA

    AN ACT to amend the Illinois Marriage and Dissolution  of
Marriage Act by changing Section 505.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The  Illinois  Marriage  and  Dissolution  of
Marriage Act is amended by changing Section 505 as follows:

    (750 ILCS 5/505) (from Ch. 40, par. 505)
    Sec. 505.  Child support; contempt; penalties.
    (a)  In  a  proceeding for dissolution of marriage, legal
separation,  declaration  of  invalidity   of   marriage,   a
proceeding  for  child  support  following dissolution of the
marriage by a court which lacked personal  jurisdiction  over
the  absent  spouse,  a  proceeding  for  modification  of  a
previous  order  for  child support under Section 510 of this
Act, or any proceeding authorized under Section 501 or 601 of
this Act, the court may order either or both parents owing  a
duty  of  support to a child of the marriage to pay an amount
reasonable and necessary for his support, without  regard  to
marital  misconduct.  The  duty  of  support  owed to a minor
child includes the obligation to provide for  the  reasonable
and  necessary physical, mental and emotional health needs of
the child.
         (1)  The Court shall determine the minimum amount of
    support by using the following guidelines:
      Number of Children       Percent of Supporting Party's
                                         Net Income
              1                             20%
              2                             25%
              3                             32%
              4                             40%
              5                             45%
          6 or more                         50%
         (2)  The above guidelines shall be applied  in  each
    case unless the court makes a finding that application of
    the  guidelines would be inappropriate, after considering
    the best interests of the  child  in  light  of  evidence
    including but not limited to one or more of the following
    relevant factors:
              (a)  the  financial  resources and needs of the
         child;
              (b)  the financial resources and needs  of  the
         custodial parent;
              (c)  the  standard  of  living  the child would
         have enjoyed had the marriage not been dissolved;
              (d)  the physical and  emotional  condition  of
         the child, and his educational needs; and
              (e)  the  financial  resources and needs of the
         non-custodial parent.
         If the  court  deviates  from  the  guidelines,  the
    court's  finding  shall  state the amount of support that
    would  have  been  required  under  the  guidelines,   if
    determinable.   The  court  shall  include  the reason or
    reasons for the variance from the guidelines.
         (3)  "Net income" is defined as  the  total  of  all
    income from all sources, minus the following deductions:
              (a)  Federal  income  tax  (properly calculated
         withholding or estimated payments);
              (b)  State  income  tax  (properly   calculated
         withholding or estimated payments);
              (c)  Social Security (FICA payments);
              (d)  Mandatory     retirement     contributions
         required by law or as a condition of employment;
              (e)  Union dues;
              (f)  Dependent          and          individual
         health/hospitalization insurance premiums;
              (g)  Prior    obligations    of    support   or
         maintenance actually paid pursuant to a court order;
              (h)  Expenditures for repayment of  debts  that
         represent  reasonable and necessary expenses for the
         production of income, medical expenditures necessary
         to preserve life or health, reasonable  expenditures
         for  the  benefit of the child and the other parent,
         exclusive of gifts.   The  court  shall  reduce  net
         income  in determining the minimum amount of support
         to be ordered only for the period that such payments
         are  due  and  shall  enter  an   order   containing
         provisions  for its self-executing modification upon
         termination of such payment period.
         (4)  In cases where the  court  order  provides  for
    health/hospitalization  insurance  coverage  pursuant  to
    Section   505.2  of  this  Act,  the  premiums  for  that
    insurance, or that portion of the premiums for which  the
    supporting  party is responsible in the case of insurance
    provided through  an  employer's  health  insurance  plan
    where  the employer pays a portion of the premiums, shall
    be subtracted from net income in determining the  minimum
    amount of support to be ordered.
         (4.5)  In  a  proceeding for child support following
    dissolution of  the  marriage  by  a  court  that  lacked
    personal  jurisdiction  over  the  absent  spouse, and in
    which the court is requiring payment of support  for  the
    period  before  the  date an order for current support is
    entered, there  is  a  rebuttable  presumption  that  the
    supporting  party's  net  income for the prior period was
    the same as his or her net income at the time  the  order
    for current support is entered.
         (5)  If  the net income cannot be determined because
    of default or any other reason,  the  court  shall  order
    support   in  an  amount  considered  reasonable  in  the
    particular case.  The final  order  in  all  cases  shall
    state  the  support level in dollar amounts.  However, if
    the court finds that the child support amount  cannot  be
    expressed exclusively as a dollar amount because all or a
    portion  of  the  payor's  net  income is uncertain as to
    source, time of payment, or amount, the court may order a
    percentage amount of support in addition  to  a  specific
    dollar  amount  and  enter  such  other  orders as may be
    necessary to determine and enforce, on  a  timely  basis,
    the applicable support ordered.
    (b)  Failure  of either parent to comply with an order to
pay  support  shall  be  punishable  as  in  other  cases  of
contempt.  In addition to other penalties provided by law the
Court may, after finding the parent guilty of contempt, order
that the parent be:
         (1)  placed on probation  with  such  conditions  of
    probation as the Court deems advisable;
         (2)  sentenced to periodic imprisonment for a period
    not to exceed 6 months; provided, however, that the Court
    may  permit the parent to be released for periods of time
    during the day or night to:
              (A)  work; or
              (B)  conduct a business or other  self-employed
         occupation.
    The  Court  may  further  order  any  part  or all of the
earnings  of  a  parent  during  a   sentence   of   periodic
imprisonment paid to the Clerk of the Circuit Court or to the
parent  having  custody  or to the guardian having custody of
the minor children of the sentenced parent for the support of
said minor children until further order of the Court.
    If there is a unity of interest and ownership  sufficient
to  render  no  financial  separation between a non-custodial
parent and another person or persons or business entity,  the
court  may  pierce the ownership veil of the person, persons,
or business entity to discover assets  of  the  non-custodial
parent  held  in  the  name of that person, those persons, or
that  business  entity.    The  following  circumstances  are
sufficient to authorize a court to  order  discovery  of  the
assets of a person, persons, or business entity and to compel
the  application  of  any discovered assets toward payment on
the judgment for support:
         (1)  the  non-custodial  parent  and   the   person,
    persons, or business entity maintain records together.
         (2)  the   non-custodial   parent  and  the  person,
    persons, or business entity  fail  to  maintain  an  arms
    length relationship between themselves with regard to any
    assets.
         (3)  the  non-custodial  parent  transfers assets to
    the person, persons, or business entity with  the  intent
    to perpetrate a fraud on the custodial parent.
    With  respect to assets which are real property, no order
entered under this paragraph shall affect the rights of  bona
fide  purchasers,  mortgagees,  judgment  creditors, or other
lien holders who  acquire their  interests  in  the  property
prior  to  the  time  a notice of lis pendens pursuant to the
Code of Civil Procedure or a copy of the order is  placed  of
record  in the office of the recorder of deeds for the county
in which the real property is located.
    The court may also order in cases where the parent is  90
days  or  more  delinquent  in payment of support or has been
adjudicated  in  arrears  in  an  amount  equal  to  90  days
obligation  or  more,  that  the  parent's  Illinois  driving
privileges be suspended until the court determines  that  the
parent  is in compliance with the order of support. The court
may also order that the parent be issued a  family  financial
responsibility   driving  permit  that  would  allow  limited
driving privileges for employment  and  medical  purposes  in
accordance with Section 7-702.1 of the Illinois Vehicle Code.
The  clerk  of  the  circuit  court  shall  certify the order
suspending the driving privileges of the parent  or  granting
the  issuance  of  a  family financial responsibility driving
permit to the Secretary of State on forms prescribed  by  the
Secretary.  Upon  receipt of the authenticated documents, the
Secretary  of  State  shall  suspend  the  parent's   driving
privileges  until  further  order  of the court and shall, if
ordered by the court, subject to the  provisions  of  Section
7-702.1   of  the  Illinois  Vehicle  Code,  issue  a  family
financial responsibility driving permit to the parent.
    In addition to the penalties or punishment  that  may  be
imposed   under   this  Section,  any  person  whose  conduct
constitutes a violation of Section 1 of  the  Non-Support  of
Spouse and Children Act may be prosecuted under that Section,
and a person convicted under that Section may be sentenced in
accordance  with  that Section.  The sentence may include but
need not be limited to a requirement that the person  perform
community  service  under  subsection  (b) of that Section or
participate in a work alternative  program  under  subsection
(c)  of  that  Section.    A  person  may  not be required to
participate in a work alternative  program  under  subsection
(c)  of that Section if the person is currently participating
in a work program pursuant to Section 505.1 of this Act.
    (c)  A one-time charge  of  20%  is  imposable  upon  the
amount  of  past-due child support owed on July 1, 1988 which
has accrued under a support order entered by the court.   The
charge  shall be imposed in accordance with the provisions of
Section 10-21 of the Illinois Public Aid Code  and  shall  be
enforced by the court upon petition.
    (d)  Any  new  or  existing  support order entered by the
court under this Section shall be deemed to be  a  series  of
judgments   against  the  person  obligated  to  pay  support
thereunder, each such judgment to be in the  amount  of  each
payment  or  installment of support and each such judgment to
be deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each such judgment shall have  the  full  force,  effect  and
attributes of any other judgment of this State, including the
ability  to  be  enforced.  A lien arises by operation of law
against the real and personal property  of  the  noncustodial
parent  for  each  installment of overdue support owed by the
noncustodial parent.
    (e)  When child support is to be paid through  the  clerk
of  the  court  in a county of 1,000,000 inhabitants or less,
the order shall direct the obligor to pay to  the  clerk,  in
addition  to  the child support payments, all fees imposed by
the county board under paragraph (3)  of  subsection  (u)  of
Section  27.1  of  the  Clerks of Courts Act.  Unless paid in
cash or pursuant to an order for withholding, the payment  of
the  fee  shall  be by a separate instrument from the support
payment and shall be made to the order of the Clerk.
    (f)  All orders for support, when  entered  or  modified,
shall include a provision requiring the obligor to notify the
court  and,  in cases in which a party is receiving child and
spouse services under Article X of the  Illinois  Public  Aid
Code,  the  Illinois Department of Public Aid, within 7 days,
(i) of the name and  address  of  any  new  employer  of  the
obligor,  (ii)  whether  the  obligor  has  access  to health
insurance  coverage  through  the  employer  or  other  group
coverage and, if so, the policy name and number and the names
of persons covered under the policy, and  (iii)  of  any  new
residential  or  mailing  address  or telephone number of the
non-custodial parent.  In any subsequent action to enforce  a
support  order,  upon  a  sufficient  showing that a diligent
effort has  been  made  to  ascertain  the  location  of  the
non-custodial  parent,  service  of  process  or provision of
notice necessary in the case may be made at  the  last  known
address  of  the non-custodial parent in any manner expressly
provided by the Code of Civil Procedure or  this  Act,  which
service shall be sufficient for purposes of due process.
    (g)  An  order  for support shall include a date on which
the current support obligation terminates.   The  termination
date  shall  be  no  earlier than the date on which the child
covered by the order will attain the age of  majority  or  is
otherwise emancipated. The order for support shall state that
the termination date does not apply to any arrearage that may
remain unpaid on that date.  Nothing in this subsection shall
be construed to prevent the court from modifying the order.
    (h)  An  order entered under this Section shall include a
provision requiring the obligor to report to the obligee  and
to  the  clerk  of court within 10 days each time the obligor
obtains  new  employment,  and  each   time   the   obligor's
employment is terminated for any reason.  The report shall be
in  writing and shall, in the case of new employment, include
the name and address of the new employer.  Failure to  report
new  employment  or the termination of current employment, if
coupled with nonpayment of support for a period in excess  of
60  days,  is  indirect  criminal  contempt.  For any obligor
arrested for failure to report new employment bond  shall  be
set  in the amount of the child support that should have been
paid during the period of unreported  employment.   An  order
entered  under  this  Section  shall also include a provision
requiring the obligor and  obligee  parents  to  advise  each
other  of  a  change in residence within 5 days of the change
except when the court finds that  the  physical,  mental,  or
emotional  health  of  a  party  or that of a minor child, or
both, would be seriously  endangered  by  disclosure  of  the
party's address.
(Source:  P.A.  89-88,  eff.  6-30-95;  89-92,  eff.  7-1-96;
89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
90-539,  eff.  6-1-98;  90-655,  eff.  7-30-98;  90-733, eff.
8-11-98.)

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