Rep. LaShawn K. Ford
Filed: 3/23/2010
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1 | AMENDMENT TO HOUSE BILL 2236
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2 | AMENDMENT NO. ______. Amend House Bill 2236, AS AMENDED, | ||||||
3 | with reference to page and line numbers of House Amendment No. | ||||||
4 | 1, on page 1, line 5, by replacing "Section 10-3.1" with | ||||||
5 | "Sections 10-3.1 and 10-16.5"; and
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6 | on page 8, immediately below line 17, by inserting the | ||||||
7 | following:
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8 | "(305 ILCS 5/10-16.5)
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9 | Sec. 10-16.5. Interest on support obligations. | ||||||
10 | (a) A support obligation, or
any portion of a support | ||||||
11 | obligation, which becomes due and remains unpaid as of the end | ||||||
12 | of each month, excluding the child support that was due for | ||||||
13 | that month to the extent that it was not paid in that month,
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14 | shall accrue simple interest as set forth in Section 12-109 of | ||||||
15 | the Code of Civil Procedure.
An order for support entered or | ||||||
16 | modified on or after January 1, 2006 shall
contain a statement |
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1 | that a support obligation required under the order, or any
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2 | portion of a support obligation required under the order, that | ||||||
3 | becomes due and
remains unpaid as of the end of each month, | ||||||
4 | excluding the child support that was due for that month to the | ||||||
5 | extent that it was not paid in that month, shall accrue simple | ||||||
6 | interest as set forth in Section 12-109 of the Code of Civil | ||||||
7 | Procedure. Failure to include the statement in the order for | ||||||
8 | support does
not affect the validity of the order or the | ||||||
9 | accrual of interest as provided in
this Section.
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10 | (b) A court may enter an order agreed to by the obligor and | ||||||
11 | obligee forgiving interest that has accrued on all or part of a | ||||||
12 | past due child support obligation not owed to the State by | ||||||
13 | assignment if: the obligor demonstrates that during the time | ||||||
14 | that the past due child support was accumulating, the obligor | ||||||
15 | was unable to pay child support; and the obligor agrees to make | ||||||
16 | future support payments on time provided that if the obligor | ||||||
17 | fails to make future support payments on time, the court may | ||||||
18 | reinstate all or part of the interest that was forgiven. | ||||||
19 | (c) If the obligor makes a lump sum payment of all or part | ||||||
20 | of a past due child support obligation not owed to the State by | ||||||
21 | assignment, the court may enter an order agreed to by the | ||||||
22 | obligor and obligee forgiving the interest that accrued on the | ||||||
23 | amount of the lump sum payment. | ||||||
24 | (d) The provisions of subsections (b) and (c) shall not | ||||||
25 | prohibit the court from entering any other order agreed to by | ||||||
26 | the obligor and the obligee. |
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1 | (Source: P.A. 94-90, eff. 1-1-06.)"; and
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2 | on page 9, line 7, immediately after " persons. ", by inserting | ||||||
3 | the following:
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4 | "Section 15. The Illinois Marriage and Dissolution of | ||||||
5 | Marriage Act is amended by changing Section 505 as follows:
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6 | (750 ILCS 5/505) (from Ch. 40, par. 505)
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7 | Sec. 505. Child support; contempt; penalties.
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8 | (a) In a proceeding for dissolution of marriage, legal | ||||||
9 | separation,
declaration of invalidity of marriage, a | ||||||
10 | proceeding for child support
following dissolution of the | ||||||
11 | marriage by a court which lacked personal
jurisdiction over the | ||||||
12 | absent spouse, a proceeding for modification of a
previous | ||||||
13 | order for child support under Section 510 of this Act, or any
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14 | proceeding authorized under Section 501 or 601 of this Act, the | ||||||
15 | court may
order either or both parents owing a duty of support | ||||||
16 | to a child of the
marriage to pay an amount reasonable and | ||||||
17 | necessary for his support, without
regard to marital | ||||||
18 | misconduct. The duty of support owed to a child
includes the | ||||||
19 | obligation to provide for the reasonable and necessary
| ||||||
20 | physical, mental and emotional health needs of the child.
For | ||||||
21 | purposes of this Section, the term "child" shall include any | ||||||
22 | child under
age 18 and
any child under age 19 who is still | ||||||
23 | attending high school.
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1 | (1) The Court shall determine the minimum amount of | |||||||||||||||||||||||||||||||||
2 | support by using the
following guidelines:
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11 | (2) The above guidelines shall be applied in each case | |||||||||||||||||||||||||||||||||
12 | unless the court
makes a finding that application of the | |||||||||||||||||||||||||||||||||
13 | guidelines would be
inappropriate, after considering the | |||||||||||||||||||||||||||||||||
14 | best interests of the child in light of
evidence including | |||||||||||||||||||||||||||||||||
15 | but not limited to one or more of the following relevant
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16 | factors:
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17 | (a) the financial resources and needs of the child;
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18 | (b) the financial resources and needs of the | |||||||||||||||||||||||||||||||||
19 | custodial parent;
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20 | (c) the standard of living the child would have | |||||||||||||||||||||||||||||||||
21 | enjoyed had the
marriage not been dissolved;
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22 | (d) the physical and emotional condition of the | |||||||||||||||||||||||||||||||||
23 | child, and his
educational needs; and
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24 | (e) the financial resources and needs of the | |||||||||||||||||||||||||||||||||
25 | non-custodial parent.
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26 | If the court deviates from the guidelines, the court's |
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1 | finding
shall state the amount of support that would have | ||||||
2 | been required under the
guidelines, if determinable. The | ||||||
3 | court shall include the reason or reasons for
the variance | ||||||
4 | from the
guidelines.
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5 | (3) "Net income" is defined as the total of all income | ||||||
6 | from all
sources, minus the following deductions:
| ||||||
7 | (a) Federal income tax (properly calculated | ||||||
8 | withholding or estimated
payments);
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9 | (b) State income tax (properly calculated | ||||||
10 | withholding or estimated
payments);
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11 | (c) Social Security (FICA payments);
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12 | (d) Mandatory retirement contributions required by | ||||||
13 | law or as a
condition of employment;
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14 | (e) Union dues;
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15 | (f) Dependent and individual | ||||||
16 | health/hospitalization insurance premiums;
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17 | (g) Prior obligations of support or maintenance | ||||||
18 | actually paid pursuant
to a court order;
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19 | (h) Expenditures for repayment of debts that | ||||||
20 | represent reasonable and
necessary expenses for the | ||||||
21 | production of income, medical expenditures
necessary | ||||||
22 | to preserve life or health, reasonable expenditures | ||||||
23 | for the
benefit of the child and the other parent, | ||||||
24 | exclusive of gifts. The court
shall reduce net income | ||||||
25 | in determining the minimum amount of support to be
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26 | ordered only for the period that such payments are due |
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1 | and shall enter an
order containing provisions for its | ||||||
2 | self-executing modification upon
termination of such | ||||||
3 | payment period.
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4 | (4) In cases where the court order provides for
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5 | health/hospitalization insurance coverage pursuant to | ||||||
6 | Section 505.2 of
this Act, the premiums for that insurance, | ||||||
7 | or that portion of the premiums
for which the supporting | ||||||
8 | party is responsible in the case of insurance
provided | ||||||
9 | through an employer's health insurance plan where
the | ||||||
10 | employer pays a portion of the premiums, shall be | ||||||
11 | subtracted
from net income in determining the minimum | ||||||
12 | amount of support to be ordered.
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13 | (4.5) In a proceeding for child support following | ||||||
14 | dissolution of the
marriage by a court that lacked personal | ||||||
15 | jurisdiction over the absent spouse,
and in which the court | ||||||
16 | is requiring payment of support for the period before
the | ||||||
17 | date an order for current support is entered, there is a | ||||||
18 | rebuttable
presumption
that the supporting party's net | ||||||
19 | income for the prior period was the same as his
or her net | ||||||
20 | income at the time the order for current support is | ||||||
21 | entered.
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22 | (5) If the net income cannot be determined because of | ||||||
23 | default or any
other reason, the court shall order support | ||||||
24 | in an amount considered
reasonable in the particular case. | ||||||
25 | The final order in all cases shall
state the support level | ||||||
26 | in dollar amounts.
However, if the
court finds that the |
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1 | child support amount cannot be expressed exclusively as a
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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.
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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
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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.
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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 |
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1 | address may be determined from
records of the clerk of the | ||||||
2 | court, from the Federal Case Registry of Child
Support Orders, | ||||||
3 | or by any other reasonable means.
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4 | (b) Failure of either parent to comply with an order to pay | ||||||
5 | support shall
be punishable as in other cases of contempt. In | ||||||
6 | addition to other
penalties provided by law the Court may, | ||||||
7 | after finding the parent guilty
of contempt, order that the | ||||||
8 | parent be:
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9 | (1) placed on probation with such conditions of | ||||||
10 | probation as the Court
deems advisable;
| ||||||
11 | (2) sentenced to periodic imprisonment for a period not | ||||||
12 | to exceed 6
months; provided, however, that the Court may | ||||||
13 | permit the parent to be
released for periods of time during | ||||||
14 | the day or night to:
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15 | (A) work; or
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16 | (B) conduct a business or other self-employed | ||||||
17 | occupation.
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18 | The Court may further order any part or all of the earnings | ||||||
19 | of a parent
during a sentence of periodic imprisonment paid to | ||||||
20 | the Clerk of the Circuit
Court or to the parent having custody | ||||||
21 | or to the guardian having custody
of the children of the | ||||||
22 | sentenced parent for the support of said
children until further | ||||||
23 | order of the Court.
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24 | If there is a unity of interest and ownership sufficient to | ||||||
25 | render no
financial separation between a non-custodial parent | ||||||
26 | and another person or
persons or business entity, the court may |
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1 | pierce the ownership veil of the
person, persons, or business | ||||||
2 | entity to discover assets of the non-custodial
parent held in | ||||||
3 | the name of that person, those persons, or that business | ||||||
4 | entity.
The following circumstances are sufficient to | ||||||
5 | authorize a court to order
discovery of the assets of a person, | ||||||
6 | persons, or business entity and to compel
the application of | ||||||
7 | any discovered assets toward payment on the judgment for
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8 | support:
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9 | (1) the non-custodial parent and the person, persons, | ||||||
10 | or business entity
maintain records together.
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11 | (2) the non-custodial parent and the person, persons, | ||||||
12 | or business entity
fail to maintain an arms length | ||||||
13 | relationship between themselves with regard to
any assets.
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14 | (3) the non-custodial parent transfers assets to the | ||||||
15 | person, persons,
or business entity with the intent to | ||||||
16 | perpetrate a fraud on the custodial
parent.
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17 | With respect to assets which
are real property, no order | ||||||
18 | entered under this paragraph shall affect the
rights of bona | ||||||
19 | fide purchasers, mortgagees, judgment creditors, or other lien
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20 | holders who acquire their interests in the property prior to | ||||||
21 | the time a notice
of lis pendens pursuant to the Code of Civil | ||||||
22 | Procedure or a copy of the order
is placed of record in the | ||||||
23 | office of the recorder of deeds for the county in
which the | ||||||
24 | real property is located.
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25 | The court may also order in cases where the parent is 90 | ||||||
26 | days or more
delinquent in payment of support or has been |
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1 | adjudicated in arrears in an
amount equal to 90 days obligation | ||||||
2 | or more, that the parent's Illinois driving
privileges be | ||||||
3 | suspended until the court
determines that the parent is in | ||||||
4 | compliance with the order of support.
The court may also order | ||||||
5 | that the parent be issued a family financial
responsibility | ||||||
6 | driving permit that would allow limited driving privileges for
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7 | employment and medical purposes in accordance with Section | ||||||
8 | 7-702.1 of the
Illinois Vehicle Code. The clerk of the circuit | ||||||
9 | court shall certify the order
suspending the driving privileges | ||||||
10 | of the parent or granting the issuance of a
family financial | ||||||
11 | responsibility driving permit to the Secretary of State on
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12 | forms prescribed by the Secretary. Upon receipt of the | ||||||
13 | authenticated
documents, the Secretary of State shall suspend | ||||||
14 | the parent's driving privileges
until further order of the | ||||||
15 | court and shall, if ordered by the court, subject to
the | ||||||
16 | provisions of Section 7-702.1 of the Illinois Vehicle Code, | ||||||
17 | issue a family
financial responsibility driving permit to the | ||||||
18 | parent.
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19 | In addition to the penalties or punishment that may be | ||||||
20 | imposed under this
Section, any person whose conduct | ||||||
21 | constitutes a violation of Section 15 of the
Non-Support | ||||||
22 | Punishment Act may be prosecuted under that Act, and a person
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23 | convicted under that Act may be sentenced in accordance with | ||||||
24 | that Act. The
sentence may include but need not be limited to a | ||||||
25 | requirement that the person
perform community service under | ||||||
26 | Section 50 of that Act or participate in a work
alternative |
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1 | program under Section 50 of that Act. A person may not be | ||||||
2 | required
to participate in a work alternative program under | ||||||
3 | Section 50 of that Act if
the person is currently participating | ||||||
4 | in a work program pursuant to Section
505.1 of this Act.
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5 | A support obligation, or any portion of a support | ||||||
6 | obligation, which becomes
due and remains unpaid as of the end | ||||||
7 | of each month, excluding the child support that was due for | ||||||
8 | that month to the extent that it was not paid in that month, | ||||||
9 | shall accrue simple interest as set forth in Section 12-109 of | ||||||
10 | the Code of Civil Procedure.
An order for support entered or | ||||||
11 | modified on or after January 1, 2006 shall
contain a statement | ||||||
12 | that a support obligation required under the order, or any
| ||||||
13 | portion of a support obligation required under the order, that | ||||||
14 | becomes due and
remains unpaid as of the end of each month, | ||||||
15 | excluding the child support that was due for that month to the | ||||||
16 | extent that it was not paid in that month, shall accrue simple | ||||||
17 | interest as set forth in Section 12-109 of the Code of Civil | ||||||
18 | Procedure. Failure to include the statement in the order for | ||||||
19 | support does
not affect the validity of the order or the | ||||||
20 | accrual of interest as provided in
this Section.
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21 | (c) A one-time charge of 20% is imposable upon the amount | ||||||
22 | of
past-due child support owed on July 1, 1988 which has | ||||||
23 | accrued under a
support order entered by the court. The charge | ||||||
24 | shall be imposed in
accordance with the provisions of Section | ||||||
25 | 10-21 of the Illinois Public Aid
Code and shall be enforced by | ||||||
26 | the court upon petition.
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1 | (c-5) A court may enter an order agreed to by the obligor | ||||||
2 | and obligee forgiving interest that has accrued on all or part | ||||||
3 | of a past due child support obligation not owed to the State by | ||||||
4 | assignment if: the obligor demonstrates that during the time | ||||||
5 | that the past due child support was accumulating, the obligor | ||||||
6 | was unable to pay child support; and the obligor agrees to make | ||||||
7 | future support payments on time provided that if the obligor | ||||||
8 | fails to make future support payments on time, the court may | ||||||
9 | reinstate all or part of the interest that was forgiven. | ||||||
10 | (c-6) If the obligor makes a lump sum payment of all or | ||||||
11 | part of a past due child support obligation not owed to the | ||||||
12 | State by assignment, the court may enter an order agreed to by | ||||||
13 | the obligor and obligee forgiving the interest that accrued on | ||||||
14 | the amount of the lump sum payment. | ||||||
15 | (c-7) The provisions of subsections (c-5) and (c-6) shall | ||||||
16 | not prohibit the court from entering any other order agreed to | ||||||
17 | by the obligor and obligee. | ||||||
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 |
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1 | enforced.
A lien arises by operation of law against the real | ||||||
2 | and personal property of
the noncustodial parent for each | ||||||
3 | installment of overdue support owed by the
noncustodial parent.
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4 | (e) When child support is to be paid through the clerk of | ||||||
5 | the court in a
county of 1,000,000 inhabitants or less, the | ||||||
6 | order shall direct the obligor
to pay to the clerk, in addition | ||||||
7 | to the child support payments, all fees
imposed by the county | ||||||
8 | board under paragraph (3) of subsection (u) of
Section 27.1 of | ||||||
9 | the Clerks of Courts Act. Unless paid in cash or pursuant to
an | ||||||
10 | order for withholding, the payment of the fee shall be by a | ||||||
11 | separate
instrument from the support payment and shall be made | ||||||
12 | to the order of the
Clerk.
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13 | (f) All orders for support, when entered or
modified, shall | ||||||
14 | include a provision requiring the obligor to notify
the court | ||||||
15 | and, in cases in which a party is receiving child and spouse
| ||||||
16 | services under Article X of the Illinois Public Aid Code, the
| ||||||
17 | Department of Healthcare and Family Services, within 7 days, | ||||||
18 | (i) of the name and address
of any new employer of the obligor, | ||||||
19 | (ii) whether the obligor has access to
health insurance | ||||||
20 | coverage through the employer or other group coverage and,
if | ||||||
21 | so, the policy name and number and the names of persons covered | ||||||
22 | under
the policy, and (iii) of any new residential or mailing | ||||||
23 | address or telephone
number of the non-custodial parent. In any | ||||||
24 | subsequent action to enforce a
support order, upon a sufficient | ||||||
25 | showing that a diligent effort has been made
to ascertain the | ||||||
26 | location of the non-custodial parent, service of process or
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1 | provision of notice necessary in the case may be made at the | ||||||
2 | last known
address of the non-custodial parent in any manner | ||||||
3 | expressly provided by the
Code of Civil Procedure or this Act, | ||||||
4 | which service shall be sufficient for
purposes of due process.
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5 | (g) An order for support shall include a date on which the | ||||||
6 | current
support obligation terminates. The termination date | ||||||
7 | shall be no earlier than
the date on which the child covered by | ||||||
8 | the order will attain the age of
18. However, if the child will | ||||||
9 | not graduate from high school until after
attaining the age of | ||||||
10 | 18, then the termination date shall be no earlier than the
| ||||||
11 | earlier of the date on which the child's high school graduation | ||||||
12 | will occur or
the date on which the child will attain the age | ||||||
13 | of 19. The order for support
shall state that the termination | ||||||
14 | date does not apply to any arrearage that may
remain unpaid on | ||||||
15 | that date. Nothing in this subsection shall be construed to
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16 | prevent the court from modifying the order or terminating the | ||||||
17 | order in the
event the child is otherwise emancipated.
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18 | (g-5) If there is an unpaid arrearage or delinquency (as | ||||||
19 | those terms are defined in the Income Withholding for Support | ||||||
20 | Act) equal to at least one month's support obligation on the | ||||||
21 | termination date stated in the order for support or, if there | ||||||
22 | is no termination date stated in the order, on the date the | ||||||
23 | child attains the age of majority or is otherwise emancipated, | ||||||
24 | the periodic amount required to be paid for current support of | ||||||
25 | that child immediately prior to that date shall automatically | ||||||
26 | 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 | this Act.
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21 | (h) 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 |
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| |||||||
1 | address of the new
employer. Failure to report new employment | ||||||
2 | or the termination of current
employment, if coupled with | ||||||
3 | nonpayment of support for a period in excess of 60
days, is | ||||||
4 | indirect criminal contempt. For any obligor arrested for | ||||||
5 | failure to
report new employment bond shall be set in the | ||||||
6 | amount of the child support that
should have been paid during | ||||||
7 | the period of unreported employment. An order
entered under | ||||||
8 | this Section shall also include a provision requiring the | ||||||
9 | obligor
and obligee parents to advise each other of a change in | ||||||
10 | residence within 5 days
of the change except when the court | ||||||
11 | finds that the physical, mental, or
emotional health of a party | ||||||
12 | or that of a child, or both, would be
seriously endangered by | ||||||
13 | disclosure of the party's address.
| ||||||
14 | (i) The court does not lose the powers of contempt, | ||||||
15 | driver's license
suspension, or other child support | ||||||
16 | enforcement mechanisms, including, but
not limited to, | ||||||
17 | criminal prosecution as set forth in this Act, upon the
| ||||||
18 | emancipation of the minor child or children.
| ||||||
19 | (Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07.)
| ||||||
20 | Section 20. The Non-Support Punishment Act is amended by | ||||||
21 | changing Section 23 as follows:
| ||||||
22 | (750 ILCS 16/23)
| ||||||
23 | Sec. 23. Interest on support obligations. | ||||||
24 | (a) A support obligation, or any
portion of a support |
| |||||||
| |||||||
1 | obligation, which becomes due and remains unpaid as of the end | ||||||
2 | of each month, excluding the child support that was due for | ||||||
3 | that month to the extent that it was not paid in that month,
| ||||||
4 | shall accrue interest as set forth in Section 12-109 of the | ||||||
5 | Code of Civil Procedure.
| ||||||
6 | (b) A court may enter an order agreed to by the obligor and | ||||||
7 | obligee forgiving interest that has accrued on all or part of a | ||||||
8 | past due child support obligation not owed to the State by | ||||||
9 | assignment if: the obligor demonstrates that during the time | ||||||
10 | that the past due child support was accumulating, the obligor | ||||||
11 | was unable to pay child support; and the obligor agrees to make | ||||||
12 | future support payments on time provided that if the obligor | ||||||
13 | fails to make future support payments on time, the court may | ||||||
14 | reinstate all or part of the interest that was forgiven. | ||||||
15 | (c) If the obligor makes a lump sum payment of all or part | ||||||
16 | of a past due child support obligation not owed to the State by | ||||||
17 | assignment, the court may enter an order agreed to by the | ||||||
18 | obligor and obligee forgiving the interest that accrued on the | ||||||
19 | amount of the lump sum payment. | ||||||
20 | (d) The provisions of subsections (b) and (c) shall not | ||||||
21 | prohibit the court from entering any other order agreed to by | ||||||
22 | the obligor and obligee. | ||||||
23 | (Source: P.A. 94-90, eff. 1-1-06.)
| ||||||
24 | Section 25. The Illinois Parentage Act of 1984 is amended | ||||||
25 | by changing Section 20.7 as follows:
|
| |||||||
| |||||||
1 | (750 ILCS 45/20.7)
| ||||||
2 | Sec. 20.7. Interest on support obligations. | ||||||
3 | (a) A support obligation, or any
portion of a support | ||||||
4 | obligation, which becomes due and remains unpaid as of the end | ||||||
5 | of each month, excluding the child support that was due for | ||||||
6 | that month to the extent that it was not paid in that month,
| ||||||
7 | shall accrue simple interest as set forth in Section 12-109 of | ||||||
8 | the Code of Civil Procedure.
An order for support entered or | ||||||
9 | modified on or after January 1, 2006 shall
contain a statement | ||||||
10 | that a support obligation required under the order, or any
| ||||||
11 | portion of a support obligation required under the order, that | ||||||
12 | becomes due and
remains unpaid as of the end of each month, | ||||||
13 | excluding the child support that was due for that month to the | ||||||
14 | extent that it was not paid in that month, shall accrue simple | ||||||
15 | interest as set forth in Section 12-109 of the Code of Civil | ||||||
16 | Procedure. Failure to include the statement in the order for | ||||||
17 | support does
not affect the validity of the order or the | ||||||
18 | accrual of interest as provided in
this Section.
| ||||||
19 | (b) A court may enter an order agreed to by the obligor and | ||||||
20 | obligee forgiving interest that has accrued on all or part of a | ||||||
21 | past due child support obligation not owed to the State by | ||||||
22 | assignment if: the obligor demonstrates that during the time | ||||||
23 | that the past due child support was accumulating, the obligor | ||||||
24 | was unable to pay child support; and the obligor agrees to make | ||||||
25 | future support payments on time provided that if the obligor |
| |||||||
| |||||||
1 | fails to make future support payments on time, the court may | ||||||
2 | reinstate all or part of the interest that was forgiven. | ||||||
3 | (c) If the obligor makes a lump sum payment of all or part | ||||||
4 | of a past due child support obligation not owed to the State by | ||||||
5 | assignment, the court may enter an order agreed to by the | ||||||
6 | obligor and obligee forgiving the interest that accrued on the | ||||||
7 | amount of the lump sum payment. | ||||||
8 | (d) The provisions of subsections (b) and (c) shall not | ||||||
9 | prohibit the court from entering any other order agreed to by | ||||||
10 | the obligor and obligee. | ||||||
11 | (Source: P.A. 94-90, eff. 1-1-06.)".
|