Public Act 93-0139
HB1382 Enrolled LRB093 03871 LCB 03906 b
AN ACT concerning families.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Parentage Act of 1984 is amended
by changing Sections 14 and 16 and by adding Section 13.5 as
follows:
(750 ILCS 45/13.5 new)
Sec. 13.5. Injunctive relief.
(a) In any action brought under this Act for the initial
determination of custody or visitation of a child or for
modification of a prior custody or visitation order, the
court, upon application of any party, may enjoin a party
having physical possession or custody of a child from
temporarily or permanently removing the child from Illinois
pending the adjudication of the issues of custody and
visitation. When deciding whether to enjoin removal of a
child, the Court shall consider the following factors
including, but not limited to:
(1) the extent of previous involvement with the
child by the party seeking to enjoin removal;
(2) the likelihood that parentage will be
established; and
(3) the impact on the financial, physical, and
emotional health of the party being enjoined from
removing the child.
(b) Injunctive relief under this Act shall be governed
by the relevant provisions of the Code of Civil Procedure.
(c) Notwithstanding the provisions of subsection (a),
the court may decline to enjoin a domestic violence victim
having physical possession or custody of a child from
temporarily or permanently removing the child from Illinois
pending the adjudication of the issues of custody and
visitation. In determining whether a person is a domestic
violence victim, the court shall consider the following
factors:
(1) a sworn statement by the person that the person
has good reason to believe that he or she is the victim
of domestic violence or stalking;
(2) a sworn statement that the person fears for his
or her safety or the safety of his or her children;
(3) evidence from police, court or other government
agency records or files;
(4) documentation from a domestic violence program
if the person is alleged to be a victim of domestic
violence;
(5) documentation from a legal, clerical, medical,
or other professional from whom the person has sought
assistance in dealing with the alleged domestic violence;
and
(6) any other evidence that supports the sworn
statements, such as a statement from any other individual
with knowledge of the circumstances that provides the
basis for the claim, or physical evidence of the act or
acts of domestic violence.
(750 ILCS 45/14) (from Ch. 40, par. 2514)
Sec. 14. Judgment.
(a) (1) The judgment shall contain or explicitly reserve
provisions concerning any duty and amount of child support
and may contain provisions concerning the custody and
guardianship of the child, visitation privileges with the
child, the furnishing of bond or other security for the
payment of the judgment, which the court shall determine in
accordance with the relevant factors set forth in the
Illinois Marriage and Dissolution of Marriage Act and any
other applicable law of Illinois, to guide the court in a
finding in the best interests of the child. In determining
custody, joint custody, removal, or visitation, the court
shall apply the relevant standards of the Illinois Marriage
and Dissolution of Marriage Act, including Section 609.
Specifically, in determining the amount of any child support
award, the court shall use the guidelines and standards set
forth in subsection (a) of Section 505 and in Section 505.2
of the Illinois Marriage and Dissolution of Marriage Act.
For purposes of Section 505 of the Illinois Marriage and
Dissolution of Marriage Act, "net income" of the
non-custodial parent shall include any benefits available to
that person under the Illinois Public Aid Code or from other
federal, State or local government-funded programs. The
court shall, in any event and regardless of the amount of the
non-custodial parent's net income, in its judgment order the
non-custodial parent to pay child support to the custodial
parent in a minimum amount of not less than $10 per month. In
an action brought within 2 years after a child's birth, the
judgment or order may direct either parent to pay the
reasonable expenses incurred by either parent related to the
mother's pregnancy and the delivery of the child. The
judgment or order shall contain the father's social security
number, which the father shall disclose to the court;
however, failure to include the father's social security
number on the judgment or order does not invalidate the
judgment or order.
(2) If a judgment of parentage contains no explicit
award of custody, the establishment of a support obligation
or of visitation rights in one parent shall be considered a
judgment granting custody to the other parent. If the
parentage judgment contains no such provisions, custody shall
be presumed to be with the mother; however, the presumption
shall not apply if the father has had physical custody for at
least 6 months prior to the date that the mother seeks to
enforce custodial rights.
(b) The court shall order all child support payments,
determined in accordance with such guidelines, to commence
with the date summons is served. The level of current
periodic support payments shall not be reduced because of
payments set for the period prior to the date of entry of the
support order. The Court may order any child support
payments to be made for a period prior to the commencement of
the action. In determining whether and the extent to which
the payments shall be made for any prior period, the court
shall consider all relevant facts, including the factors for
determining the amount of support specified in the Illinois
Marriage and Dissolution of Marriage Act and other equitable
factors including but not limited to:
(1) The father's prior knowledge of the fact and
circumstances of the child's birth.
(2) The father's prior willingness or refusal to
help raise or support the child.
(3) The extent to which the mother or the public
agency bringing the action previously informed the father
of the child's needs or attempted to seek or require his
help in raising or supporting the child.
(4) The reasons the mother or the public agency did
not file the action earlier.
(5) The extent to which the father would be
prejudiced by the delay in bringing the action.
For purposes of determining the amount of child support
to be paid for any period before the date the order for
current child support is entered, there is a rebuttable
presumption that the father's net income for the prior period
was the same as his net income at the time the order for
current child support is entered.
If (i) the non-custodial parent was properly served with
a request for discovery of financial information relating to
the non-custodial parent's ability to provide child support,
(ii) the non-custodial parent failed to comply with the
request, despite having been ordered to do so by the court,
and (iii) the non-custodial parent is not present at the
hearing to determine support despite having received proper
notice, then any relevant financial information concerning
the non-custodial parent's ability to provide child support
that was obtained pursuant to subpoena and proper notice
shall be admitted into evidence without the need to establish
any further foundation for its admission.
(c) 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 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 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.
(d) If the judgment or order of the court is at variance
with the child's birth certificate, the court shall order
that a new birth certificate be issued under the Vital
Records Act.
(e) On request of the mother and the father, the court
shall order a change in the child's name. After hearing
evidence the court may stay payment of support during the
period of the father's minority or period of disability.
(f) If, upon a showing of proper service, the father
fails to appear in court, or otherwise appear as provided by
law, the court may proceed to hear the cause upon testimony
of the mother or other parties taken in open court and shall
enter a judgment by default. The court may reserve any order
as to the amount of child support until the father has
received notice, by regular mail, of a hearing on the matter.
(g) 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.
(h) All orders for support, when entered or modified,
shall include a provision requiring the non-custodial parent
to notify the court and, in cases in which party is receiving
child support enforcement 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 non-custodial parent, (ii) whether the
non-custodial parent 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.
(i) 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.
(j) 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. 91-767, eff. 6-9-00, 92-590, eff. 7-1-02.)
(750 ILCS 45/16) (from Ch. 40, par. 2516)
Sec. 16. Modification of Judgment. The court has
continuing jurisdiction to modify an order for support,
custody, or visitation, or removal included in a judgment
entered under this Act. Any custody, or visitation, or
removal judgment modification shall be in accordance with the
relevant factors specified in the "Illinois Marriage and
Dissolution of Marriage Act, including Section 609", approved
September 22, 1977, as now or hereafter amended. Any support
judgment is subject to modification or termination only in
accordance with Section 510 of the Illinois Marriage and
Dissolution of Marriage Act.
(Source: P.A. 85-2.)
Section 99. Effective date. This Act takes effect upon
becoming law.