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1 | AN ACT regarding accounting for child support expenses.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Public Aid Code is amended by | ||||||||||||||||||||||||||||||||
5 | adding Section 10-16.8
as follows:
| ||||||||||||||||||||||||||||||||
6 | (305 ILCS 5/10-16.8 new)
| ||||||||||||||||||||||||||||||||
7 | Sec. 10-16.8. Child support accounting.
| ||||||||||||||||||||||||||||||||
8 | (a) Upon entering an order for the
support of a minor child | ||||||||||||||||||||||||||||||||
9 | or at any subsequent time, upon motion of the party
obligated | ||||||||||||||||||||||||||||||||
10 | to make support payments
or on its own motion, the court may | ||||||||||||||||||||||||||||||||
11 | order, if it is in the best
interest of the minor child on | ||||||||||||||||||||||||||||||||
12 | whose behalf support payments are ordered, the
custodial parent | ||||||||||||||||||||||||||||||||
13 | to provide an accounting of expenditures of support funds on
| ||||||||||||||||||||||||||||||||
14 | behalf of the minor child to the court and serve a copy of the | ||||||||||||||||||||||||||||||||
15 | accounting upon
the party obligated to pay support or that | ||||||||||||||||||||||||||||||||
16 | party's attorney. The accounting
shall be recorded on forms | ||||||||||||||||||||||||||||||||
17 | provided by the Administrative Office of the
Illinois Courts.
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18 | (b) In accounting for general household expenditures
(e.g. | ||||||||||||||||||||||||||||||||
19 | mortgage, rent, utilities) made on behalf of the child, the | ||||||||||||||||||||||||||||||||
20 | custodial
parent shall attribute as an expenditure for the | ||||||||||||||||||||||||||||||||
21 | child an amount which may be
no more than the percentage | ||||||||||||||||||||||||||||||||
22 | equivalence that the child on whose behalf support
is received | ||||||||||||||||||||||||||||||||
23 | is to the total number of people in the household (e.g. if the
|
| |||||||
| |||||||
1 | child is one of 4 household members, support payments may be | ||||||
2 | used to pay, at
most, 25% of the monthly mortgage payment).
| ||||||
3 | (c) The court may order the custodial parent to produce | ||||||
4 | receipts and other
documentation verifying the expenses | ||||||
5 | reported.
| ||||||
6 | (d) If the court, after hearing upon motion by the party | ||||||
7 | obligated to pay
support or by the State, or on its own motion, | ||||||
8 | finds the expenditure of support
funds by the custodial parent | ||||||
9 | is contrary to the best interests of the child,
the court may | ||||||
10 | enter such orders as are necessary to ensure that the funds are
| ||||||
11 | expended in the best interest of the child.
| ||||||
12 | (e) The party moving for an accounting must, prior to any | ||||||
13 | hearing
thereon, certify in writing that, to the best of the | ||||||
14 | movant's knowledge,
information, and belief, formed after | ||||||
15 | reasonable inquiry, the motion for an
accounting is well | ||||||
16 | grounded in fact and that it is not brought for any improper
| ||||||
17 | purpose, such as to harass or to cause unnecessary delay or | ||||||
18 | needless increase
in the cost of litigation. If the movant | ||||||
19 | violates this certification, the
court, upon motion of the | ||||||
20 | party receiving support or on its own motion, may
impose upon | ||||||
21 | the person bringing the motion an appropriate sanction, which | ||||||
22 | may
include an order to pay the other party the amount of | ||||||
23 | reasonable expenses
incurred because of the bringing of the | ||||||
24 | motion for accounting, including
reasonable attorney fees | ||||||
25 | incurred and wages lost as a result of having to
appear in | ||||||
26 | court. All proceedings under this subsection (e) shall be |
| |||||||
| |||||||
1 | brought in
the manner set forth in Supreme Court Rule 137.
| ||||||
2 | Section 10. The Illinois Marriage and Dissolution of | ||||||
3 | Marriage Act is amended
by changing Sections 505 and 608 as | ||||||
4 | follows:
| ||||||
5 | (750 ILCS 5/505) (from Ch. 40, par. 505)
| ||||||
6 | Sec. 505. Child support; contempt; penalties.
| ||||||
7 | (a) In a proceeding for dissolution of marriage, legal | ||||||
8 | separation,
declaration of invalidity of marriage, a | ||||||
9 | proceeding for child support
following dissolution of the | ||||||
10 | marriage by a court which lacked personal
jurisdiction over the | ||||||
11 | absent spouse, a proceeding for modification of a
previous | ||||||
12 | order for child support under Section 510 of this Act, or any
| ||||||
13 | proceeding authorized under Section 501 or 601 of this Act, the | ||||||
14 | court may
order either or both parents owing a duty of support | ||||||
15 | to a child of the
marriage to pay an amount reasonable and | ||||||
16 | necessary for his support, without
regard to marital | ||||||
17 | misconduct. The duty of support owed to a child
includes the | ||||||
18 | obligation to provide for the reasonable and necessary
| ||||||
19 | physical, mental and emotional health needs of the child.
For | ||||||
20 | purposes of this Section, the term "child" shall include any | ||||||
21 | child under
age 18 and
any child under age 19 who is still | ||||||
22 | attending high school.
| ||||||
23 | (1) The Court shall determine the minimum amount of | ||||||
24 | support by using the
following guidelines:
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9 | (2) The above guidelines shall be applied in each case | |||||||||||||||||||||||||||||||||
10 | unless the court
makes a finding that application of the | |||||||||||||||||||||||||||||||||
11 | guidelines would be
inappropriate, after considering the | |||||||||||||||||||||||||||||||||
12 | best interests of the child in light of
evidence including | |||||||||||||||||||||||||||||||||
13 | but not limited to one or more of the following relevant
| |||||||||||||||||||||||||||||||||
14 | factors:
| |||||||||||||||||||||||||||||||||
15 | (a) the financial resources and needs of the child;
| |||||||||||||||||||||||||||||||||
16 | (b) the financial resources and needs of the | |||||||||||||||||||||||||||||||||
17 | custodial parent;
| |||||||||||||||||||||||||||||||||
18 | (c) the standard of living the child would have | |||||||||||||||||||||||||||||||||
19 | enjoyed had the
marriage not been dissolved;
| |||||||||||||||||||||||||||||||||
20 | (d) the physical and emotional condition of the | |||||||||||||||||||||||||||||||||
21 | child, and his
educational needs; and
| |||||||||||||||||||||||||||||||||
22 | (e) the financial resources and needs of the | |||||||||||||||||||||||||||||||||
23 | non-custodial parent.
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24 | If the court deviates from the guidelines, the court's | |||||||||||||||||||||||||||||||||
25 | finding
shall state the amount of support that would have | |||||||||||||||||||||||||||||||||
26 | been required under the
guidelines, if determinable. The |
| |||||||
| |||||||
1 | court shall include the reason or reasons for
the variance | ||||||
2 | from the
guidelines.
| ||||||
3 | (3) "Net income" is defined as the total of all income | ||||||
4 | from all
sources, minus the following deductions:
| ||||||
5 | (a) Federal income tax (properly calculated | ||||||
6 | withholding or estimated
payments);
| ||||||
7 | (b) State income tax (properly calculated | ||||||
8 | withholding or estimated
payments);
| ||||||
9 | (c) Social Security (FICA payments);
| ||||||
10 | (d) Mandatory retirement contributions required by | ||||||
11 | law or as a
condition of employment;
| ||||||
12 | (e) Union dues;
| ||||||
13 | (f) Dependent and individual | ||||||
14 | health/hospitalization insurance premiums;
| ||||||
15 | (g) Prior obligations of support or maintenance | ||||||
16 | actually paid pursuant
to a court order;
| ||||||
17 | (h) Expenditures for repayment of debts that | ||||||
18 | represent reasonable and
necessary expenses for the | ||||||
19 | production of income, medical expenditures
necessary | ||||||
20 | to preserve life or health, reasonable expenditures | ||||||
21 | for the
benefit of the child and the other parent, | ||||||
22 | exclusive of gifts. The court
shall reduce net income | ||||||
23 | in determining the minimum amount of support to be
| ||||||
24 | ordered only for the period that such payments are due | ||||||
25 | and shall enter an
order containing provisions for its | ||||||
26 | self-executing modification upon
termination of such |
| |||||||
| |||||||
1 | payment period.
| ||||||
2 | (4) In cases where the court order provides for
| ||||||
3 | health/hospitalization insurance coverage pursuant to | ||||||
4 | Section 505.2 of
this Act, the premiums for that insurance, | ||||||
5 | or that portion of the premiums
for which the supporting | ||||||
6 | party is responsible in the case of insurance
provided | ||||||
7 | through an employer's health insurance plan where
the | ||||||
8 | employer pays a portion of the premiums, shall be | ||||||
9 | subtracted
from net income in determining the minimum | ||||||
10 | amount of support to be ordered.
| ||||||
11 | (4.5) In a proceeding for child support following | ||||||
12 | dissolution of the
marriage by a court that lacked personal | ||||||
13 | jurisdiction over the absent spouse,
and in which the court | ||||||
14 | is requiring payment of support for the period before
the | ||||||
15 | date an order for current support is entered, there is a | ||||||
16 | rebuttable
presumption
that the supporting party's net | ||||||
17 | income for the prior period was the same as his
or her net | ||||||
18 | income at the time the order for current support is | ||||||
19 | entered.
| ||||||
20 | (5) If the net income cannot be determined because of | ||||||
21 | default or any
other reason, the court shall order support | ||||||
22 | in an amount considered
reasonable in the particular case. | ||||||
23 | The final order in all cases shall
state the support level | ||||||
24 | in dollar amounts.
However, if the
court finds that the | ||||||
25 | child support amount cannot be expressed exclusively as a
| ||||||
26 | dollar amount because all or a portion of the payor's net |
| |||||||
| |||||||
1 | income is uncertain
as to source, time of payment, or | ||||||
2 | amount, the court may order a percentage
amount of support | ||||||
3 | in addition to a specific dollar amount and enter
such | ||||||
4 | other orders as may be necessary to determine and enforce, | ||||||
5 | on a timely
basis, the applicable support ordered.
| ||||||
6 | (6) If (i) the non-custodial parent was properly served | ||||||
7 | with a request
for
discovery of financial information | ||||||
8 | relating to the non-custodial parent's
ability to
provide | ||||||
9 | child support, (ii) the non-custodial parent failed to | ||||||
10 | comply with the
request,
despite having been ordered to do | ||||||
11 | so by the court, and (iii) the non-custodial
parent is not | ||||||
12 | present at the hearing to determine support despite having
| ||||||
13 | received
proper notice, then any relevant financial | ||||||
14 | information concerning the
non-custodial parent's ability | ||||||
15 | to provide child support that was obtained
pursuant to
| ||||||
16 | subpoena and proper notice shall be admitted into evidence | ||||||
17 | without the need to
establish any further foundation for | ||||||
18 | its admission.
| ||||||
19 | (a-5) In an action to enforce an order for support based on | ||||||
20 | the
respondent's failure
to make support payments as required | ||||||
21 | by the order, notice of proceedings to
hold the respondent in | ||||||
22 | contempt for that failure may be served on the
respondent by | ||||||
23 | personal service or by regular mail addressed to the | ||||||
24 | respondent's
last known address. The respondent's last known | ||||||
25 | address may be determined from
records of the clerk of the | ||||||
26 | court, from the Federal Case Registry of Child
Support Orders, |
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| |||||||
1 | or by any other reasonable means.
| ||||||
2 | (b) Failure of either parent to comply with an order to pay | ||||||
3 | support shall
be punishable as in other cases of contempt. In | ||||||
4 | addition to other
penalties provided by law the Court may, | ||||||
5 | after finding the parent guilty
of contempt, order that the | ||||||
6 | parent be:
| ||||||
7 | (1) placed on probation with such conditions of | ||||||
8 | probation as the Court
deems advisable;
| ||||||
9 | (2) sentenced to periodic imprisonment for a period not | ||||||
10 | to exceed 6
months; provided, however, that the Court may | ||||||
11 | permit the parent to be
released for periods of time during | ||||||
12 | the day or night to:
| ||||||
13 | (A) work; or
| ||||||
14 | (B) conduct a business or other self-employed | ||||||
15 | occupation.
| ||||||
16 | The Court may further order any part or all of the earnings | ||||||
17 | of a parent
during a sentence of periodic imprisonment paid to | ||||||
18 | the Clerk of the Circuit
Court or to the parent having custody | ||||||
19 | or to the guardian having custody
of the children of the | ||||||
20 | sentenced parent for the support of said
children until further | ||||||
21 | order of the Court.
| ||||||
22 | If there is a unity of interest and ownership sufficient to | ||||||
23 | render no
financial separation between a non-custodial parent | ||||||
24 | and another person or
persons or business entity, the court may | ||||||
25 | pierce the ownership veil of the
person, persons, or business | ||||||
26 | entity to discover assets of the non-custodial
parent held in |
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| |||||||
1 | the name of that person, those persons, or that business | ||||||
2 | entity.
The following circumstances are sufficient to | ||||||
3 | authorize a court to order
discovery of the assets of a person, | ||||||
4 | persons, or business entity and to compel
the application of | ||||||
5 | any discovered assets toward payment on the judgment for
| ||||||
6 | support:
| ||||||
7 | (1) the non-custodial parent and the person, persons, | ||||||
8 | or business entity
maintain records together.
| ||||||
9 | (2) the non-custodial parent and the person, persons, | ||||||
10 | or business entity
fail to maintain an arms length | ||||||
11 | relationship between themselves with regard to
any assets.
| ||||||
12 | (3) the non-custodial parent transfers assets to the | ||||||
13 | person, persons,
or business entity with the intent to | ||||||
14 | perpetrate a fraud on the custodial
parent.
| ||||||
15 | With respect to assets which
are real property, no order | ||||||
16 | entered under this paragraph shall affect the
rights of bona | ||||||
17 | fide purchasers, mortgagees, judgment creditors, or other lien
| ||||||
18 | holders who acquire their interests in the property prior to | ||||||
19 | the time a notice
of lis pendens pursuant to the Code of Civil | ||||||
20 | Procedure or a copy of the order
is placed of record in the | ||||||
21 | office of the recorder of deeds for the county in
which the | ||||||
22 | real property is located.
| ||||||
23 | The court may also order in cases where the parent is 90 | ||||||
24 | days or more
delinquent in payment of support or has been | ||||||
25 | adjudicated in arrears in an
amount equal to 90 days obligation | ||||||
26 | or more, that the parent's Illinois driving
privileges be |
| |||||||
| |||||||
1 | suspended until the court
determines that the parent is in | ||||||
2 | compliance with the order of support.
The court may also order | ||||||
3 | that the parent be issued a family financial
responsibility | ||||||
4 | driving permit that would allow limited driving privileges for
| ||||||
5 | employment and medical purposes in accordance with Section | ||||||
6 | 7-702.1 of the
Illinois Vehicle Code. The clerk of the circuit | ||||||
7 | court shall certify the order
suspending the driving privileges | ||||||
8 | of the parent or granting the issuance of a
family financial | ||||||
9 | responsibility driving permit to the Secretary of State on
| ||||||
10 | forms prescribed by the Secretary. Upon receipt of the | ||||||
11 | authenticated
documents, the Secretary of State shall suspend | ||||||
12 | the parent's driving privileges
until further order of the | ||||||
13 | court and shall, if ordered by the court, subject to
the | ||||||
14 | provisions of Section 7-702.1 of the Illinois Vehicle Code, | ||||||
15 | issue a family
financial responsibility driving permit to the | ||||||
16 | parent.
| ||||||
17 | In addition to the penalties or punishment that may be | ||||||
18 | imposed under this
Section, any person whose conduct | ||||||
19 | constitutes a violation of Section 15 of the
Non-Support | ||||||
20 | Punishment Act may be prosecuted under that Act, and a person
| ||||||
21 | convicted under that Act may be sentenced in accordance with | ||||||
22 | that Act. The
sentence may include but need not be limited to a | ||||||
23 | requirement that the person
perform community service under | ||||||
24 | Section 50 of that Act or participate in a work
alternative | ||||||
25 | program under Section 50 of that Act. A person may not be | ||||||
26 | required
to participate in a work alternative program under |
| |||||||
| |||||||
1 | Section 50 of that Act if
the person is currently participating | ||||||
2 | in a work program pursuant to Section
505.1 of this Act.
| ||||||
3 | 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 | (c) A one-time charge of 20% is imposable upon the amount | ||||||
20 | of
past-due child support owed on July 1, 1988 which has | ||||||
21 | accrued under a
support order entered by the court. The charge | ||||||
22 | shall be imposed in
accordance with the provisions of Section | ||||||
23 | 10-21 of the Illinois Public Aid
Code and shall be enforced by | ||||||
24 | the court upon petition.
| ||||||
25 | (d) Any new or existing support order entered by the court
| ||||||
26 | under this Section shall be deemed to be a series of judgments |
| |||||||
| |||||||
1 | against the
person obligated to pay support thereunder, each | ||||||
2 | such judgment to be in the
amount of each payment or | ||||||
3 | installment of support and each such judgment to
be deemed | ||||||
4 | entered as of the date the corresponding payment or installment
| ||||||
5 | becomes due under the terms of the support order. Each such | ||||||
6 | judgment shall
have the full force, effect and attributes of | ||||||
7 | any other judgment of this
State, including the ability to be | ||||||
8 | enforced.
A lien arises by operation of law against the real | ||||||
9 | and personal property of
the noncustodial parent for each | ||||||
10 | installment of overdue support owed by the
noncustodial parent.
| ||||||
11 | (e) When child support is to be paid through the clerk of | ||||||
12 | the court in a
county of 1,000,000 inhabitants or less, the | ||||||
13 | order shall direct the obligor
to pay to the clerk, in addition | ||||||
14 | to the child support payments, all fees
imposed by the county | ||||||
15 | board under paragraph (3) of subsection (u) of
Section 27.1 of | ||||||
16 | the Clerks of Courts Act. Unless paid in cash or pursuant to
an | ||||||
17 | order for withholding, the payment of the fee shall be by a | ||||||
18 | separate
instrument from the support payment and shall be made | ||||||
19 | to the order of the
Clerk.
| ||||||
20 | (f) All orders for support, when entered or
modified, shall | ||||||
21 | include a provision requiring the obligor to notify
the court | ||||||
22 | and, in cases in which a party is receiving child and spouse
| ||||||
23 | services under Article X of the Illinois Public Aid Code, the
| ||||||
24 | Department of Healthcare and Family Services, within 7 days, | ||||||
25 | (i) of the name and address
of any new employer of the obligor, | ||||||
26 | (ii) whether the obligor has access to
health insurance |
| |||||||
| |||||||
1 | coverage through the employer or other group coverage and,
if | ||||||
2 | so, the policy name and number and the names of persons covered | ||||||
3 | under
the policy, and (iii) of any new residential or mailing | ||||||
4 | address or telephone
number of the non-custodial parent. In any | ||||||
5 | subsequent action to enforce a
support order, upon a sufficient | ||||||
6 | showing that a diligent effort has been made
to ascertain the | ||||||
7 | location of the non-custodial parent, service of process or
| ||||||
8 | provision of notice necessary in the case may be made at the | ||||||
9 | last known
address of the non-custodial parent in any manner | ||||||
10 | expressly provided by the
Code of Civil Procedure or this Act, | ||||||
11 | which service shall be sufficient for
purposes of due process.
| ||||||
12 | (g) An order for support shall include a date on which the | ||||||
13 | current
support obligation terminates. The termination date | ||||||
14 | shall be no earlier than
the date on which the child covered by | ||||||
15 | the order will attain the age of
18. However, if the child will | ||||||
16 | not graduate from high school until after
attaining the age of | ||||||
17 | 18, then the termination date shall be no earlier than the
| ||||||
18 | earlier of the date on which the child's high school graduation | ||||||
19 | will occur or
the date on which the child will attain the age | ||||||
20 | of 19. The order for support
shall state that the termination | ||||||
21 | date does not apply to any arrearage that may
remain unpaid on | ||||||
22 | that date. Nothing in this subsection shall be construed to
| ||||||
23 | prevent the court from modifying the order or terminating the | ||||||
24 | order in the
event the child is otherwise emancipated.
| ||||||
25 | (g-5) If there is an unpaid arrearage or delinquency (as | ||||||
26 | those terms are defined in the Income Withholding for Support |
| |||||||
| |||||||
1 | Act) equal to at least one month's support obligation on the | ||||||
2 | termination date stated in the order for support or, if there | ||||||
3 | is no termination date stated in the order, on the date the | ||||||
4 | child attains the age of majority or is otherwise emancipated, | ||||||
5 | the periodic amount required to be paid for current support of | ||||||
6 | that child immediately prior to that date shall automatically | ||||||
7 | continue to be an obligation, not as current support but as | ||||||
8 | periodic payment toward satisfaction of the unpaid arrearage or | ||||||
9 | delinquency. That periodic payment shall be in addition to any | ||||||
10 | periodic payment previously required for satisfaction of the | ||||||
11 | arrearage or delinquency. The total periodic amount to be paid | ||||||
12 | toward satisfaction of the arrearage or delinquency may be | ||||||
13 | enforced and collected by any method provided by law for | ||||||
14 | enforcement and collection of child support, including but not | ||||||
15 | limited to income withholding under the Income Withholding for | ||||||
16 | Support Act. Each order for support entered or modified on or | ||||||
17 | after the effective date of this amendatory Act of the 93rd | ||||||
18 | General Assembly must contain a statement notifying the parties | ||||||
19 | of the requirements of this subsection. Failure to include the | ||||||
20 | statement in the order for support does not affect the validity | ||||||
21 | of the order or the operation of the provisions of this | ||||||
22 | subsection with regard to the order. This subsection shall not | ||||||
23 | be construed to prevent or affect the establishment or | ||||||
24 | modification of an order for support of a minor child or the | ||||||
25 | establishment or modification of an order for support of a | ||||||
26 | non-minor child or educational expenses under Section 513 of |
| |||||||
| |||||||
1 | this Act.
| ||||||
2 | (h) An order entered under this Section shall include a | ||||||
3 | provision requiring
the obligor to report to the obligee and to | ||||||
4 | the clerk of court within 10 days
each time the obligor obtains | ||||||
5 | new employment, and each time the obligor's
employment is | ||||||
6 | terminated for any reason. The report shall be in writing and
| ||||||
7 | shall, in the case of new employment, include the name and | ||||||
8 | address of the new
employer. Failure to report new employment | ||||||
9 | or the termination of current
employment, if coupled with | ||||||
10 | nonpayment of support for a period in excess of 60
days, is | ||||||
11 | indirect criminal contempt. For any obligor arrested for | ||||||
12 | failure to
report new employment bond shall be set in the | ||||||
13 | amount of the child support that
should have been paid during | ||||||
14 | the period of unreported employment. An order
entered under | ||||||
15 | this Section shall also include a provision requiring the | ||||||
16 | obligor
and obligee parents to advise each other of a change in | ||||||
17 | residence within 5 days
of the change except when the court | ||||||
18 | finds that the physical, mental, or
emotional health of a party | ||||||
19 | or that of a child, or both, would be
seriously endangered by | ||||||
20 | disclosure of the party's address.
| ||||||
21 | (i) The court does not lose the powers of contempt, | ||||||
22 | driver's license
suspension, or other child support | ||||||
23 | enforcement mechanisms, including, but
not limited to, | ||||||
24 | criminal prosecution as set forth in this Act, upon the
| ||||||
25 | emancipation of the minor child or children.
| ||||||
26 | (j) (1) Upon entering an order for the support of a minor |
| |||||||
| |||||||
1 | child or at any
subsequent time, upon motion of the | ||||||
2 | noncustodial parent or on its own motion,
the court may order, | ||||||
3 | if it is in the best interest of the minor child on whose
| ||||||
4 | behalf support payments are ordered, the custodial parent to | ||||||
5 | provide an
accounting of expenditures of support funds on | ||||||
6 | behalf of the minor child to the
court and serve a copy of the | ||||||
7 | accounting upon the noncustodial parent
or that party's | ||||||
8 | attorney. The accounting shall be recorded on forms
provided by | ||||||
9 | the Administrative Office of the Illinois Courts.
| ||||||
10 | (2) In accounting for general household expenditures
(e.g. | ||||||
11 | mortgage, rent, utilities) made on behalf of the child, the | ||||||
12 | custodial
parent shall attribute as an expenditure for the | ||||||
13 | child an amount which may be
no more than the percentage | ||||||
14 | equivalence that the child on whose behalf support
is received | ||||||
15 | is to the total number of people in the household (e.g. if the
| ||||||
16 | child is one of 4 household members, support payments may be | ||||||
17 | used to pay, at
most, 25% of the monthly mortgage payment).
| ||||||
18 | (3) The court may order the custodial parent to produce | ||||||
19 | receipts and other
documentation verifying the expenses | ||||||
20 | reported.
| ||||||
21 | (4) The court may use its authority under Section 608 to | ||||||
22 | ensure that support
funds are expended in the best interest of | ||||||
23 | the child.
| ||||||
24 | (5) The party moving for an accounting must, prior to any | ||||||
25 | hearing
thereon, certify in writing that, to the best of the | ||||||
26 | movant's knowledge,
information, and belief, formed after |
| |||||||
| |||||||
1 | reasonable inquiry, the motion for an
accounting is well | ||||||
2 | grounded in fact and that it is not brought for any improper
| ||||||
3 | purpose, such as to harass or to cause unnecessary delay or | ||||||
4 | needless increase
in the cost of litigation. If the movant | ||||||
5 | violates this certification, the
court, upon motion of the | ||||||
6 | party receiving support or on its own motion, may
impose upon | ||||||
7 | the person bringing the motion an appropriate sanction, which | ||||||
8 | may
include an order to pay the other party the amount of | ||||||
9 | reasonable expenses
incurred because of the bringing of the | ||||||
10 | motion for accounting, including
reasonable attorney fees | ||||||
11 | incurred and wages lost as a result of having to
appear in | ||||||
12 | court. All proceedings under this subdivision (i)(5) shall be
| ||||||
13 | brought in the manner set forth in Supreme Court Rule 137. | ||||||
14 | (Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07.)
| ||||||
15 | (750 ILCS 5/608) (from Ch. 40, par. 608)
| ||||||
16 | Sec. 608. Judicial Supervision.
| ||||||
17 | (a) Except as otherwise agreed by the parties in writing at | ||||||
18 | the time of
the custody judgment or as otherwise ordered by the | ||||||
19 | court, the custodian
may determine the child's upbringing, | ||||||
20 | including but not limited to, his
education, health care and | ||||||
21 | religious training, as well as how to expend child
support | ||||||
22 | funds received from the noncustodial parent, unless the court, | ||||||
23 | after
hearing, finds, upon motion by the noncustodial parent, | ||||||
24 | that the absence of
a specific limitation of the custodian's | ||||||
25 | authority would clearly be
contrary to the best interests of |
| |||||||
| |||||||
1 | the child.
| ||||||
2 | (b) If both parents or all contestants agree to the order, | ||||||
3 | or if the
court finds that in the absence of agreement the | ||||||
4 | child's physical health
would be endangered or his emotional | ||||||
5 | development significantly impaired,
the court may order the | ||||||
6 | Department of Children and Family Services to
exercise | ||||||
7 | continuing supervision over the case to assure that the | ||||||
8 | custodial
or visitation terms of the judgment are carried out. | ||||||
9 | Supervision shall be
carried out under the provisions of | ||||||
10 | Section 5 of the Children and Family
Services Act.
| ||||||
11 | (c) The court may order individual counseling for the | ||||||
12 | child, family counseling for one or more of the parties and the | ||||||
13 | child, or parental education for one or more of the parties, | ||||||
14 | when it finds one or more of the following: | ||||||
15 | (1) both parents or all parties agree to the order; | ||||||
16 | (2) the court finds that the child's physical health is | ||||||
17 | endangered or his or her emotional development is impaired | ||||||
18 | including, but not limited to, a finding of visitation | ||||||
19 | abuse as defined by Section 607.1; or | ||||||
20 | (3) the court finds that one or both of the parties | ||||||
21 | have violated the joint parenting agreement with regard to | ||||||
22 | conduct affecting or in the presence of the child. | ||||||
23 | (d) If the court finds that one or more of the parties has | ||||||
24 | violated an order of the court with regards to custody, | ||||||
25 | visitation, or joint parenting, the court shall assess the | ||||||
26 | costs of counseling against the violating party or parties. |
| |||||||
| |||||||
1 | Otherwise, the court may apportion the costs between the | ||||||
2 | parties as appropriate. | ||||||
3 | (e) The remedies provided in this Section are in addition | ||||||
4 | to, and shall not diminish or abridge in any way, the court's | ||||||
5 | power to exercise its authority through contempt or other | ||||||
6 | proceedings.
| ||||||
7 | (f) All counseling sessions shall be confidential. The | ||||||
8 | communications in counseling shall not be used in any manner in | ||||||
9 | litigation nor relied upon by any expert appointed by the court | ||||||
10 | or retained by any party.
| ||||||
11 | (Source: P.A. 94-640, eff. 1-1-06.)
| ||||||
12 | Section 15. The Non-Support Punishment Act is amended by | ||||||
13 | adding
Section 24 as follows:
| ||||||
14 | (750 ILCS 16/24 new)
| ||||||
15 | Sec. 24. Child support accounting.
| ||||||
16 | (a) Upon entering an order for the
support of a minor child | ||||||
17 | or at any subsequent time, upon motion of the party
obligated | ||||||
18 | to make support payments or on its own motion, the court may | ||||||
19 | order,
if it is in the best
interest of the minor child on | ||||||
20 | whose behalf support payments are ordered, the
custodial parent | ||||||
21 | to provide an accounting of expenditures of support funds on
| ||||||
22 | behalf of the minor child to the court and serve a copy of the | ||||||
23 | accounting upon
the party obligated to pay support or that | ||||||
24 | party's attorney. The accounting
shall be recorded on forms |
| |||||||
| |||||||
1 | provided by the Administrative Office of the
Illinois Courts.
| ||||||
2 | (b) In accounting for general household expenditures
(e.g. | ||||||
3 | mortgage, rent, utilities) made on behalf of the child, the | ||||||
4 | custodial
parent shall attribute as an expenditure for the | ||||||
5 | child an amount which may be
no more than the percentage | ||||||
6 | equivalence that the child on whose behalf support
is received | ||||||
7 | is to the total number of people in the household (e.g. if the
| ||||||
8 | child is one of 4 household members, support payments may be | ||||||
9 | used to pay, at
most, 25% of the monthly mortgage payment).
| ||||||
10 | (c) The court may order the custodial parent to produce | ||||||
11 | receipts and other
documentation verifying the expenses | ||||||
12 | reported.
| ||||||
13 | (d) If the court, after hearing upon motion by the party | ||||||
14 | obligated to pay
support or on its own motion, finds the | ||||||
15 | expenditure of support funds by the
custodial parent is | ||||||
16 | contrary to the best interest of the child, the court may
enter | ||||||
17 | such orders as are necessary to ensure that the funds are | ||||||
18 | expended in
the best interest of the child.
| ||||||
19 | (e) The party moving for an accounting must, prior to any | ||||||
20 | hearing
thereon, certify in writing that, to the best of the | ||||||
21 | movant's knowledge,
information, and belief, formed after | ||||||
22 | reasonable inquiry, the motion for an
accounting is well | ||||||
23 | grounded in fact and that it is not brought for any improper
| ||||||
24 | purpose, such as to harass or to cause unnecessary delay or | ||||||
25 | needless increase
in the cost of litigation. If the movant | ||||||
26 | violates this certification, the
court, upon motion of the |
| |||||||
| |||||||
1 | party receiving support or on its own motion, may
impose upon | ||||||
2 | the person bringing the motion an appropriate sanction, which | ||||||
3 | may
include an order to pay the other party the amount of | ||||||
4 | reasonable expenses
incurred because of the bringing of the | ||||||
5 | motion for accounting, including
reasonable attorney fees | ||||||
6 | incurred and wages lost as a result of having to
appear in | ||||||
7 | court. All proceedings under this subsection (e) shall be | ||||||
8 | brought in
the manner set forth in Supreme Court Rule 137.
| ||||||
9 | Section 20. The Illinois Parentage Act of 1984 is amended | ||||||
10 | by changing
Section 14 as follows:
| ||||||
11 | (750 ILCS 45/14) (from Ch. 40, par. 2514)
| ||||||
12 | Sec. 14. Judgment.
| ||||||
13 | (a) (1) The judgment shall contain or explicitly reserve
| ||||||
14 | provisions concerning any duty and amount of child support
and | ||||||
15 | may contain provisions concerning the custody and
guardianship | ||||||
16 | of the child, visitation privileges with the child, the
| ||||||
17 | furnishing of bond or other security for the payment of the | ||||||
18 | judgment,
which the court shall determine in accordance with | ||||||
19 | the relevant factors
set forth in the Illinois Marriage and | ||||||
20 | Dissolution of Marriage
Act and any other applicable law of | ||||||
21 | Illinois,
to guide the court in a finding in the best interests | ||||||
22 | of the child.
In determining custody, joint custody, removal, | ||||||
23 | or visitation, the court
shall apply
the relevant standards of | ||||||
24 | the Illinois Marriage and Dissolution of Marriage
Act, |
| |||||||
| |||||||
1 | including Section 609. Specifically, in determining the amount | ||||||
2 | of any
child support award or child health insurance coverage, | ||||||
3 | the
court shall use the guidelines and standards set forth in | ||||||
4 | subsection (a) of
Section 505 and in Section 505.2 of the | ||||||
5 | Illinois Marriage and Dissolution of
Marriage Act. For purposes | ||||||
6 | of Section
505 of the Illinois Marriage and Dissolution of | ||||||
7 | Marriage Act,
"net income" of the non-custodial parent shall | ||||||
8 | include any benefits
available to that person under the | ||||||
9 | Illinois Public Aid Code or from other
federal, State or local | ||||||
10 | government-funded programs. The court shall, in
any event and | ||||||
11 | regardless of the amount of the non-custodial parent's net
| ||||||
12 | income, in its judgment order the non-custodial parent to pay | ||||||
13 | child support
to the custodial parent in a minimum amount of | ||||||
14 | not less than $10 per month, as long as such an order is | ||||||
15 | consistent with the requirements of Title IV, Part D of the | ||||||
16 | Social Security Act.
In an action brought within 2 years after | ||||||
17 | a judicial determination of parentage, the judgment or
order | ||||||
18 | may direct either parent to pay the reasonable expenses | ||||||
19 | incurred by
either parent or the Department of Healthcare and | ||||||
20 | Family Services related to the mother's pregnancy and the | ||||||
21 | delivery of the
child. The judgment or order shall contain the | ||||||
22 | father's social security number,
which the father shall | ||||||
23 | disclose to the court; however, failure to include the
father's | ||||||
24 | social security number on the judgment or order does not | ||||||
25 | invalidate
the judgment or order.
| ||||||
26 | (2) If a judgment of parentage contains no explicit award |
| |||||||
| |||||||
1 | of custody,
the establishment of a support obligation or of | ||||||
2 | visitation rights in one
parent shall be considered a judgment | ||||||
3 | granting custody to the other parent.
If the parentage judgment | ||||||
4 | contains no such provisions, custody shall be
presumed to be | ||||||
5 | with the mother;
however, the presumption shall not apply if | ||||||
6 | the father has had
physical custody for at least 6
months prior | ||||||
7 | to the date that the mother seeks to enforce custodial rights.
| ||||||
8 | (b) The court shall order all child support payments, | ||||||
9 | determined in
accordance with such guidelines, to commence with | ||||||
10 | the date summons is
served. The level of current periodic | ||||||
11 | support payments shall not be
reduced because of payments set | ||||||
12 | for the period prior to the date of entry
of the support order. | ||||||
13 | The Court may order any child support payments to be
made for a
| ||||||
14 | period prior to the commencement of the action.
In determining | ||||||
15 | whether and the extent to which the
payments shall be made for | ||||||
16 | any prior period, the court shall consider all
relevant facts, | ||||||
17 | including the factors for determining the amount of support
| ||||||
18 | specified in the Illinois Marriage and Dissolution of Marriage
| ||||||
19 | Act and other equitable factors
including but not limited to:
| ||||||
20 | (1) The father's prior knowledge of the fact and | ||||||
21 | circumstances of the
child's birth.
| ||||||
22 | (2) The father's prior willingness or refusal to help | ||||||
23 | raise or
support the child.
| ||||||
24 | (3) The extent to which the mother or the public agency | ||||||
25 | bringing the
action previously informed the father of the | ||||||
26 | child's needs or attempted
to seek or require his help in |
| |||||||
| |||||||
1 | raising or supporting the child.
| ||||||
2 | (4) The reasons the mother or the public agency did not | ||||||
3 | file the
action earlier.
| ||||||
4 | (5) The extent to which the father would be prejudiced | ||||||
5 | by the delay in
bringing the action.
| ||||||
6 | For purposes of determining the amount of child support to | ||||||
7 | be paid for any
period before the date the order for current | ||||||
8 | child support is entered, there is
a
rebuttable presumption | ||||||
9 | that the father's net income for the prior period was
the same | ||||||
10 | as his net income at the time the order for current child | ||||||
11 | support is
entered.
| ||||||
12 | If (i) the non-custodial parent was properly served with a | ||||||
13 | request for
discovery of
financial information relating to the | ||||||
14 | non-custodial parent's ability to provide
child support, (ii)
| ||||||
15 | the non-custodial parent failed to comply with the request, | ||||||
16 | despite having been
ordered to
do so by the court, and (iii) | ||||||
17 | the non-custodial parent is not present at the
hearing to
| ||||||
18 | determine support despite having received proper notice, then | ||||||
19 | any relevant
financial
information concerning the | ||||||
20 | non-custodial parent's ability to provide child
support
that | ||||||
21 | was
obtained pursuant to subpoena and proper notice shall be | ||||||
22 | admitted into evidence
without
the need to establish any | ||||||
23 | further foundation for its admission.
| ||||||
24 | (c) Any new or existing support order entered by the court | ||||||
25 | under this
Section shall be deemed to be a series of judgments
| ||||||
26 | against the person obligated to pay support thereunder, each |
| |||||||
| |||||||
1 | judgment
to be in the amount of each payment or installment of | ||||||
2 | support and each such
judgment to be deemed entered as of the | ||||||
3 | date the corresponding payment or
installment becomes due under | ||||||
4 | the terms of the support order. Each
judgment shall have the | ||||||
5 | full force, effect and attributes of any other
judgment of this | ||||||
6 | State, including the ability to be enforced.
A lien arises by | ||||||
7 | operation of law against the real and personal property of
the | ||||||
8 | noncustodial parent for each installment of overdue support | ||||||
9 | owed by the
noncustodial parent.
| ||||||
10 | (d) If the judgment or order of the court is at variance | ||||||
11 | with the child's
birth certificate, the court shall order that | ||||||
12 | a new birth certificate be
issued under the Vital Records Act.
| ||||||
13 | (e) On request of the mother and the father, the court | ||||||
14 | shall order a
change in the child's name. After hearing | ||||||
15 | evidence the court may stay
payment of support during the | ||||||
16 | period of the father's minority or period of
disability.
| ||||||
17 | (f) If, upon a showing of proper service, the father fails | ||||||
18 | to appear in
court, or
otherwise appear as provided by law, the | ||||||
19 | court may proceed to hear the
cause upon testimony of the | ||||||
20 | mother or other parties taken in open court and
shall enter a | ||||||
21 | judgment by default. The court may reserve any order as to
the | ||||||
22 | amount of child support until the father has received notice, | ||||||
23 | by
regular mail, of a hearing on the matter.
| ||||||
24 | (g) A one-time charge of 20% is imposable upon the amount | ||||||
25 | of past-due
child support owed on July 1, 1988 which has | ||||||
26 | accrued under a support order
entered by the court. The charge |
| |||||||
| |||||||
1 | shall be imposed in accordance with the
provisions of Section | ||||||
2 | 10-21 of the Illinois Public Aid Code and shall be
enforced by | ||||||
3 | the court upon petition.
| ||||||
4 | (h) All orders for support, when entered or
modified, shall | ||||||
5 | include a provision requiring the non-custodial parent
to
| ||||||
6 | notify the court and, in cases in which party is receiving | ||||||
7 | child
support enforcement services under Article X of the | ||||||
8 | Illinois Public Aid Code,
the
Department of Healthcare and | ||||||
9 | Family Services, within 7 days, (i) of the name and
address of | ||||||
10 | any new employer of the non-custodial parent, (ii) whether the
| ||||||
11 | non-custodial
parent has access to health insurance coverage | ||||||
12 | through the employer or other
group coverage and, if so, the | ||||||
13 | policy name and number and the names of
persons
covered under | ||||||
14 | the policy, and (iii) of any new residential or mailing address
| ||||||
15 | or telephone
number of the non-custodial parent. In any | ||||||
16 | subsequent action to enforce a
support order, upon a sufficient | ||||||
17 | showing that a diligent effort has been made
to ascertain the | ||||||
18 | location of the non-custodial parent, service of process or
| ||||||
19 | provision of notice necessary in the case may be made at the | ||||||
20 | last known
address of the non-custodial parent in any manner | ||||||
21 | expressly provided by the
Code of Civil Procedure or this Act, | ||||||
22 | which service shall be sufficient for
purposes of due process.
| ||||||
23 | (i) An order for support shall include a date on which the | ||||||
24 | current
support obligation terminates. The termination date | ||||||
25 | shall be no earlier
than
the date on which the child covered by | ||||||
26 | the order will attain the age of
18. However, if the child will |
| |||||||
| |||||||
1 | not graduate from high school until after
attaining the age
of | ||||||
2 | 18, then the termination date shall be no earlier than the | ||||||
3 | earlier of the
date on which
the child's high school graduation | ||||||
4 | will occur or the date on which the child
will attain the
age | ||||||
5 | of 19.
The order
for
support shall state that
the termination | ||||||
6 | date does not apply to any arrearage that may remain unpaid on
| ||||||
7 | that date. Nothing in this subsection shall be construed to | ||||||
8 | prevent the court
from modifying the order
or terminating the | ||||||
9 | order in the event the child is otherwise emancipated.
| ||||||
10 | (i-5) If there is an unpaid arrearage or delinquency (as | ||||||
11 | those terms are defined in the Income Withholding for Support | ||||||
12 | Act) equal to at least one month's support obligation on the | ||||||
13 | termination date stated in the order for support or, if there | ||||||
14 | is no termination date stated in the order, on the date the | ||||||
15 | child attains the age of majority or is otherwise emancipated, | ||||||
16 | the periodic amount required to be paid for current support of | ||||||
17 | that child immediately prior to that date shall automatically | ||||||
18 | continue to be an obligation, not as current support but as | ||||||
19 | periodic payment toward satisfaction of the unpaid arrearage or | ||||||
20 | delinquency. That periodic payment shall be in addition to any | ||||||
21 | periodic payment previously required for satisfaction of the | ||||||
22 | arrearage or delinquency. The total periodic amount to be paid | ||||||
23 | toward satisfaction of the arrearage or delinquency may be | ||||||
24 | enforced and collected by any method provided by law for | ||||||
25 | enforcement and collection of child support, including but not | ||||||
26 | limited to income withholding under the Income Withholding for |
| |||||||
| |||||||
1 | Support Act. Each order for support entered or modified on or | ||||||
2 | after the effective date of this amendatory Act of the 93rd | ||||||
3 | General Assembly must contain a statement notifying the parties | ||||||
4 | of the requirements of this subsection. Failure to include the | ||||||
5 | statement in the order for support does not affect the validity | ||||||
6 | of the order or the operation of the provisions of this | ||||||
7 | subsection with regard to the order. This subsection shall not | ||||||
8 | be construed to prevent or affect the establishment or | ||||||
9 | modification of an order for support of a minor child or the | ||||||
10 | establishment or modification of an order for support of a | ||||||
11 | non-minor child or educational expenses under Section 513 of | ||||||
12 | the Illinois Marriage and Dissolution of Marriage Act.
| ||||||
13 | (j) An order entered under this Section shall include a | ||||||
14 | provision
requiring the obligor to report to the obligee and to | ||||||
15 | the clerk of court within
10 days each time the obligor obtains | ||||||
16 | new employment, and each time the
obligor's employment is | ||||||
17 | terminated for any reason.
The report shall be in writing and | ||||||
18 | shall, in the case of new employment,
include the name and | ||||||
19 | address of the new employer.
Failure to report new employment | ||||||
20 | or
the termination of current employment, if coupled with | ||||||
21 | nonpayment of support
for a period in excess of 60 days, is | ||||||
22 | indirect criminal contempt. For
any obligor arrested for | ||||||
23 | failure to report new employment bond shall be set in
the | ||||||
24 | amount of the child support that should have been paid during | ||||||
25 | the period of
unreported employment. An order entered under | ||||||
26 | this Section shall also include
a provision requiring the |
| |||||||
| |||||||
1 | obligor and obligee parents to advise each other of a
change in | ||||||
2 | residence within 5 days of the change
except when the court | ||||||
3 | finds that the physical, mental, or emotional health
of a party | ||||||
4 | or that of a minor child, or both, would be seriously | ||||||
5 | endangered by
disclosure of the party's address.
| ||||||
6 | (k) (1) Upon entering an order for the support of a minor | ||||||
7 | child or at any
subsequent time, upon motion of the party | ||||||
8 | obligated to make support payments
or on its own motion, the | ||||||
9 | court may order, if it is in the best interest of the
minor | ||||||
10 | child on whose
behalf support payments are ordered, the | ||||||
11 | custodial parent to provide an
accounting of expenditures of | ||||||
12 | support funds on behalf of the minor child to the
court and | ||||||
13 | serve a copy of the accounting upon the party obligated to pay
| ||||||
14 | support or that party's attorney. The accounting shall be | ||||||
15 | recorded on forms
provided by the Administrative Office of the | ||||||
16 | Illinois Courts.
| ||||||
17 | (2) In accounting for general household expenditures
(e.g. | ||||||
18 | mortgage, rent, utilities) made on behalf of the child, the | ||||||
19 | custodial
parent shall attribute as an expenditure for the | ||||||
20 | child an amount which may be
no more than the percentage | ||||||
21 | equivalence that the child on whose behalf support
is received | ||||||
22 | is to the total number of people in the household (e.g. if the
| ||||||
23 | child is one of 4 household members, support payments may be | ||||||
24 | used to pay, at
most, 25% of the monthly mortgage payment).
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25 | (3) The court may order the custodial parent to produce
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26 | receipts and other documentation verifying the expenses |
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1 | reported.
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2 | (4) If the court, after hearing upon motion by the party | ||||||
3 | obligated to pay
support or by the State, or on its own motion, | ||||||
4 | finds the expenditure of support
funds by the custodial parent | ||||||
5 | is contrary to the best interest of the child,
the court may | ||||||
6 | enter such orders as are necessary to ensure that the funds are
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7 | expended in the best interest of the child.
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8 | (5) The party moving for an accounting must, prior to any | ||||||
9 | hearing
thereon, certify in writing that, to the best of the | ||||||
10 | movant's knowledge,
information, and belief, formed after | ||||||
11 | reasonable inquiry, the motion for an
accounting is well | ||||||
12 | grounded in fact and that it is not brought for any improper
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13 | purpose, such as to harass or to cause unnecessary delay or | ||||||
14 | needless increase
in the cost of litigation. If the movant | ||||||
15 | violates this certification, the
court, upon motion of the | ||||||
16 | party receiving support or on its own motion, may
impose upon | ||||||
17 | the person bringing the motion an appropriate sanction, which | ||||||
18 | may
include an order to pay the other party the amount of | ||||||
19 | reasonable expenses
incurred because of the bringing of the | ||||||
20 | motion for accounting, including
reasonable attorney fees | ||||||
21 | incurred and wages lost as a result of having to
appear in | ||||||
22 | court. All proceedings under this subdivision (k)(5) shall be
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23 | brought in the manner set forth in Supreme Court Rule 137. | ||||||
24 | (Source: P.A. 94-923, eff. 1-1-07; 94-1061, eff. 1-1-07; | ||||||
25 | 95-331, eff. 8-21-07; 95-864, eff. 1-1-09.)
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26 | Section 99. Effective date. This Act takes effect January |
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1 | 1, 2011.
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