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1 | AN ACT concerning child support.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Public Aid Code is amended by | |||||||||||||||||||||||||
5 | changing Section 10-16.5 as follows:
| |||||||||||||||||||||||||
6 | (305 ILCS 5/10-16.5)
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7 | Sec. 10-16.5. Interest on support obligations. | |||||||||||||||||||||||||
8 | (a) A support obligation, or
any portion of a support | |||||||||||||||||||||||||
9 | obligation, which becomes due and remains unpaid as of the end | |||||||||||||||||||||||||
10 | of each month, excluding the child support that was due for | |||||||||||||||||||||||||
11 | that month to the extent that it was not paid in that month,
| |||||||||||||||||||||||||
12 | shall accrue simple interest as set forth in Section 12-109 of | |||||||||||||||||||||||||
13 | the Code of Civil Procedure.
An order for support entered or | |||||||||||||||||||||||||
14 | modified on or after January 1, 2006 shall
contain a statement | |||||||||||||||||||||||||
15 | that a support obligation required under the order, or any
| |||||||||||||||||||||||||
16 | portion of a support obligation required under the order, that | |||||||||||||||||||||||||
17 | becomes due and
remains unpaid as of the end of each month, | |||||||||||||||||||||||||
18 | excluding the child support that was due for that month to the | |||||||||||||||||||||||||
19 | extent that it was not paid in that month, shall accrue simple | |||||||||||||||||||||||||
20 | interest as set forth in Section 12-109 of the Code of Civil | |||||||||||||||||||||||||
21 | Procedure. Failure to include the statement in the order for | |||||||||||||||||||||||||
22 | support does
not affect the validity of the order or the | |||||||||||||||||||||||||
23 | accrual of interest as provided in
this Section.
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| |||||||
1 | (b) Upon motion and notice, a court may forgive interest | ||||||
2 | that has accrued on all or part of a past due child support | ||||||
3 | obligation if the obligor: | ||||||
4 | (1) demonstrates that during the time that the past due | ||||||
5 | child support was accumulating, the obligor was unable to | ||||||
6 | pay child support; | ||||||
7 | (2) agrees to make future support payments on time | ||||||
8 | provided that if the obligor fails to make future support | ||||||
9 | payments on time, the court may reinstate all or part of | ||||||
10 | the interest that was forgiven; or | ||||||
11 | (3) makes a lump sum payment. | ||||||
12 | (Source: P.A. 94-90, eff. 1-1-06.)
| ||||||
13 | Section 10. The Illinois Marriage and Dissolution of | ||||||
14 | Marriage Act is amended by changing Section 505 as follows:
| ||||||
15 | (750 ILCS 5/505) (from Ch. 40, par. 505)
| ||||||
16 | Sec. 505. Child support; contempt; penalties.
| ||||||
17 | (a) In a proceeding for dissolution of marriage, legal | ||||||
18 | separation,
declaration of invalidity of marriage, a | ||||||
19 | proceeding for child support
following dissolution of the | ||||||
20 | marriage by a court which lacked personal
jurisdiction over the | ||||||
21 | absent spouse, a proceeding for modification of a
previous | ||||||
22 | order for child support under Section 510 of this Act, or any
| ||||||
23 | proceeding authorized under Section 501 or 601 of this Act, the | ||||||
24 | court may
order either or both parents owing a duty of support |
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1 | to a child of the
marriage to pay an amount reasonable and | |||||||||||||||||||||||||||||||||
2 | necessary for his support, without
regard to marital | |||||||||||||||||||||||||||||||||
3 | misconduct. The duty of support owed to a child
includes the | |||||||||||||||||||||||||||||||||
4 | obligation to provide for the reasonable and necessary
| |||||||||||||||||||||||||||||||||
5 | physical, mental and emotional health needs of the child.
For | |||||||||||||||||||||||||||||||||
6 | purposes of this Section, the term "child" shall include any | |||||||||||||||||||||||||||||||||
7 | child under
age 18 and
any child under age 19 who is still | |||||||||||||||||||||||||||||||||
8 | attending high school.
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9 | (1) The Court shall determine the minimum amount of | |||||||||||||||||||||||||||||||||
10 | support by using the
following guidelines:
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19 | (2) The above guidelines shall be applied in each case | |||||||||||||||||||||||||||||||||
20 | unless the court
makes a finding that application of the | |||||||||||||||||||||||||||||||||
21 | guidelines would be
inappropriate, after considering the | |||||||||||||||||||||||||||||||||
22 | best interests of the child in light of
evidence including | |||||||||||||||||||||||||||||||||
23 | but not limited to one or more of the following relevant
| |||||||||||||||||||||||||||||||||
24 | factors:
| |||||||||||||||||||||||||||||||||
25 | (a) the financial resources and needs of the child;
| |||||||||||||||||||||||||||||||||
26 | (b) the financial resources and needs of the |
| |||||||
| |||||||
1 | custodial parent;
| ||||||
2 | (c) the standard of living the child would have | ||||||
3 | enjoyed had the
marriage not been dissolved;
| ||||||
4 | (d) the physical and emotional condition of the | ||||||
5 | child, and his
educational needs; and
| ||||||
6 | (e) the financial resources and needs of the | ||||||
7 | non-custodial parent.
| ||||||
8 | If the court deviates from the guidelines, the court's | ||||||
9 | finding
shall state the amount of support that would have | ||||||
10 | been required under the
guidelines, if determinable. The | ||||||
11 | court shall include the reason or reasons for
the variance | ||||||
12 | from the
guidelines.
| ||||||
13 | (3) "Net income" is defined as the total of all income | ||||||
14 | from all
sources, minus the following deductions:
| ||||||
15 | (a) Federal income tax (properly calculated | ||||||
16 | withholding or estimated
payments);
| ||||||
17 | (b) State income tax (properly calculated | ||||||
18 | withholding or estimated
payments);
| ||||||
19 | (c) Social Security (FICA payments);
| ||||||
20 | (d) Mandatory retirement contributions required by | ||||||
21 | law or as a
condition of employment;
| ||||||
22 | (e) Union dues;
| ||||||
23 | (f) Dependent and individual | ||||||
24 | health/hospitalization insurance premiums;
| ||||||
25 | (g) Prior obligations of support or maintenance | ||||||
26 | actually paid pursuant
to a court order;
|
| |||||||
| |||||||
1 | (h) Expenditures for repayment of debts that | ||||||
2 | represent reasonable and
necessary expenses for the | ||||||
3 | production of income, medical expenditures
necessary | ||||||
4 | to preserve life or health, reasonable expenditures | ||||||
5 | for the
benefit of the child and the other parent, | ||||||
6 | exclusive of gifts. The court
shall reduce net income | ||||||
7 | in determining the minimum amount of support to be
| ||||||
8 | ordered only for the period that such payments are due | ||||||
9 | and shall enter an
order containing provisions for its | ||||||
10 | self-executing modification upon
termination of such | ||||||
11 | payment period.
| ||||||
12 | (4) In cases where the court order provides for
| ||||||
13 | health/hospitalization insurance coverage pursuant to | ||||||
14 | Section 505.2 of
this Act, the premiums for that insurance, | ||||||
15 | or that portion of the premiums
for which the supporting | ||||||
16 | party is responsible in the case of insurance
provided | ||||||
17 | through an employer's health insurance plan where
the | ||||||
18 | employer pays a portion of the premiums, shall be | ||||||
19 | subtracted
from net income in determining the minimum | ||||||
20 | amount of support to be ordered.
| ||||||
21 | (4.5) In a proceeding for child support following | ||||||
22 | dissolution of the
marriage by a court that lacked personal | ||||||
23 | jurisdiction over the absent spouse,
and in which the court | ||||||
24 | is requiring payment of support for the period before
the | ||||||
25 | date an order for current support is entered, there is a | ||||||
26 | rebuttable
presumption
that the supporting party's net |
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| |||||||
1 | income for the prior period was the same as his
or her net | ||||||
2 | income at the time the order for current support is | ||||||
3 | entered.
| ||||||
4 | (5) If the net income cannot be determined because of | ||||||
5 | default or any
other reason, the court shall order support | ||||||
6 | in an amount considered
reasonable in the particular case. | ||||||
7 | The final order in all cases shall
state the support level | ||||||
8 | in dollar amounts.
However, if the
court finds that the | ||||||
9 | child support amount cannot be expressed exclusively as a
| ||||||
10 | dollar amount because all or a portion of the payor's net | ||||||
11 | income is uncertain
as to source, time of payment, or | ||||||
12 | amount, the court may order a percentage
amount of support | ||||||
13 | in addition to a specific dollar amount and enter
such | ||||||
14 | other orders as may be necessary to determine and enforce, | ||||||
15 | on a timely
basis, the applicable support ordered.
| ||||||
16 | (6) If (i) the non-custodial parent was properly served | ||||||
17 | with a request
for
discovery of financial information | ||||||
18 | relating to the non-custodial parent's
ability to
provide | ||||||
19 | child support, (ii) the non-custodial parent failed to | ||||||
20 | comply with the
request,
despite having been ordered to do | ||||||
21 | so by the court, and (iii) the non-custodial
parent is not | ||||||
22 | present at the hearing to determine support despite having
| ||||||
23 | received
proper notice, then any relevant financial | ||||||
24 | information concerning the
non-custodial parent's ability | ||||||
25 | to provide child support that was obtained
pursuant to
| ||||||
26 | subpoena and proper notice shall be admitted into evidence |
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| |||||||
1 | without the need to
establish any further foundation for | ||||||
2 | its admission.
| ||||||
3 | (a-5) In an action to enforce an order for support based on | ||||||
4 | the
respondent's failure
to make support payments as required | ||||||
5 | by the order, notice of proceedings to
hold the respondent in | ||||||
6 | contempt for that failure may be served on the
respondent by | ||||||
7 | personal service or by regular mail addressed to the | ||||||
8 | respondent's
last known address. The respondent's last known | ||||||
9 | address may be determined from
records of the clerk of the | ||||||
10 | court, from the Federal Case Registry of Child
Support Orders, | ||||||
11 | or by any other reasonable means.
| ||||||
12 | (b) Failure of either parent to comply with an order to pay | ||||||
13 | support shall
be punishable as in other cases of contempt. In | ||||||
14 | addition to other
penalties provided by law the Court may, | ||||||
15 | after finding the parent guilty
of contempt, order that the | ||||||
16 | parent be:
| ||||||
17 | (1) placed on probation with such conditions of | ||||||
18 | probation as the Court
deems advisable;
| ||||||
19 | (2) sentenced to periodic imprisonment for a period not | ||||||
20 | to exceed 6
months; provided, however, that the Court may | ||||||
21 | permit the parent to be
released for periods of time during | ||||||
22 | the day or night to:
| ||||||
23 | (A) work; or
| ||||||
24 | (B) conduct a business or other self-employed | ||||||
25 | occupation.
| ||||||
26 | The Court may further order any part or all of the earnings |
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| |||||||
1 | of a parent
during a sentence of periodic imprisonment paid to | ||||||
2 | the Clerk of the Circuit
Court or to the parent having custody | ||||||
3 | or to the guardian having custody
of the children of the | ||||||
4 | sentenced parent for the support of said
children until further | ||||||
5 | order of the Court.
| ||||||
6 | If there is a unity of interest and ownership sufficient to | ||||||
7 | render no
financial separation between a non-custodial parent | ||||||
8 | and another person or
persons or business entity, the court may | ||||||
9 | pierce the ownership veil of the
person, persons, or business | ||||||
10 | entity to discover assets of the non-custodial
parent held in | ||||||
11 | the name of that person, those persons, or that business | ||||||
12 | entity.
The following circumstances are sufficient to | ||||||
13 | authorize a court to order
discovery of the assets of a person, | ||||||
14 | persons, or business entity and to compel
the application of | ||||||
15 | any discovered assets toward payment on the judgment for
| ||||||
16 | support:
| ||||||
17 | (1) the non-custodial parent and the person, persons, | ||||||
18 | or business entity
maintain records together.
| ||||||
19 | (2) the non-custodial parent and the person, persons, | ||||||
20 | or business entity
fail to maintain an arms length | ||||||
21 | relationship between themselves with regard to
any assets.
| ||||||
22 | (3) the non-custodial parent transfers assets to the | ||||||
23 | person, persons,
or business entity with the intent to | ||||||
24 | perpetrate a fraud on the custodial
parent.
| ||||||
25 | With respect to assets which
are real property, no order | ||||||
26 | entered under this paragraph shall affect the
rights of bona |
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| |||||||
1 | fide purchasers, mortgagees, judgment creditors, or other lien
| ||||||
2 | holders who acquire their interests in the property prior to | ||||||
3 | the time a notice
of lis pendens pursuant to the Code of Civil | ||||||
4 | Procedure or a copy of the order
is placed of record in the | ||||||
5 | office of the recorder of deeds for the county in
which the | ||||||
6 | real property is located.
| ||||||
7 | The court may also order in cases where the parent is 90 | ||||||
8 | days or more
delinquent in payment of support or has been | ||||||
9 | adjudicated in arrears in an
amount equal to 90 days obligation | ||||||
10 | or more, that the parent's Illinois driving
privileges be | ||||||
11 | suspended until the court
determines that the parent is in | ||||||
12 | compliance with the order of support.
The court may also order | ||||||
13 | that the parent be issued a family financial
responsibility | ||||||
14 | driving permit that would allow limited driving privileges for
| ||||||
15 | employment and medical purposes in accordance with Section | ||||||
16 | 7-702.1 of the
Illinois Vehicle Code. The clerk of the circuit | ||||||
17 | court shall certify the order
suspending the driving privileges | ||||||
18 | of the parent or granting the issuance of a
family financial | ||||||
19 | responsibility driving permit to the Secretary of State on
| ||||||
20 | forms prescribed by the Secretary. Upon receipt of the | ||||||
21 | authenticated
documents, the Secretary of State shall suspend | ||||||
22 | the parent's driving privileges
until further order of the | ||||||
23 | court and shall, if ordered by the court, subject to
the | ||||||
24 | provisions of Section 7-702.1 of the Illinois Vehicle Code, | ||||||
25 | issue a family
financial responsibility driving permit to the | ||||||
26 | parent.
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1 | In addition to the penalties or punishment that may be | ||||||
2 | imposed under this
Section, any person whose conduct | ||||||
3 | constitutes a violation of Section 15 of the
Non-Support | ||||||
4 | Punishment Act may be prosecuted under that Act, and a person
| ||||||
5 | convicted under that Act may be sentenced in accordance with | ||||||
6 | that Act. The
sentence may include but need not be limited to a | ||||||
7 | requirement that the person
perform community service under | ||||||
8 | Section 50 of that Act or participate in a work
alternative | ||||||
9 | program under Section 50 of that Act. A person may not be | ||||||
10 | required
to participate in a work alternative program under | ||||||
11 | Section 50 of that Act if
the person is currently participating | ||||||
12 | in a work program pursuant to Section
505.1 of this Act.
| ||||||
13 | A support obligation, or any portion of a support | ||||||
14 | obligation, which becomes
due and remains unpaid as of the end | ||||||
15 | of each month, excluding the child support that was due for | ||||||
16 | that month to the extent that it was not paid in that month, | ||||||
17 | shall accrue simple interest as set forth in Section 12-109 of | ||||||
18 | the Code of Civil Procedure.
An order for support entered or | ||||||
19 | modified on or after January 1, 2006 shall
contain a statement | ||||||
20 | that a support obligation required under the order, or any
| ||||||
21 | portion of a support obligation required under the order, that | ||||||
22 | becomes due and
remains unpaid as of the end of each month, | ||||||
23 | excluding the child support that was due for that month to the | ||||||
24 | extent that it was not paid in that month, shall accrue simple | ||||||
25 | interest as set forth in Section 12-109 of the Code of Civil | ||||||
26 | Procedure. Failure to include the statement in the order for |
| |||||||
| |||||||
1 | support does
not affect the validity of the order or the | ||||||
2 | accrual of interest as provided in
this Section.
| ||||||
3 | (c) A one-time charge of 20% is imposable upon the amount | ||||||
4 | of
past-due child support owed on July 1, 1988 which has | ||||||
5 | accrued under a
support order entered by the court. The charge | ||||||
6 | shall be imposed in
accordance with the provisions of Section | ||||||
7 | 10-21 of the Illinois Public Aid
Code and shall be enforced by | ||||||
8 | the court upon petition.
| ||||||
9 | (c-5) Upon motion and notice, a court may forgive interest | ||||||
10 | that has accrued on all or part of a past due child support | ||||||
11 | obligation if the obligor: | ||||||
12 | (1) demonstrates that during the time that the past due | ||||||
13 | child support was accumulating, the obligor was unable to | ||||||
14 | pay child support; | ||||||
15 | (2) agrees to make future support payments on time | ||||||
16 | provided that if the obligor fails to make future support | ||||||
17 | payments on time, the court may reinstate all or part of | ||||||
18 | the interest that was forgiven; or | ||||||
19 | (3) makes a lump sum payment. | ||||||
20 | (d) Any new or existing support order entered by the court
| ||||||
21 | under this Section shall be deemed to be a series of judgments | ||||||
22 | against the
person obligated to pay support thereunder, each | ||||||
23 | such judgment to be in the
amount of each payment or | ||||||
24 | installment of support and each such judgment to
be deemed | ||||||
25 | entered as of the date the corresponding payment or installment
| ||||||
26 | becomes due under the terms of the support order. Each such |
| |||||||
| |||||||
1 | judgment shall
have the full force, effect and attributes of | ||||||
2 | any other judgment of this
State, including the ability to be | ||||||
3 | enforced.
A lien arises by operation of law against the real | ||||||
4 | and personal property of
the noncustodial parent for each | ||||||
5 | installment of overdue support owed by the
noncustodial parent.
| ||||||
6 | (e) When child support is to be paid through the clerk of | ||||||
7 | the court in a
county of 1,000,000 inhabitants or less, the | ||||||
8 | order shall direct the obligor
to pay to the clerk, in addition | ||||||
9 | to the child support payments, all fees
imposed by the county | ||||||
10 | board under paragraph (3) of subsection (u) of
Section 27.1 of | ||||||
11 | the Clerks of Courts Act. Unless paid in cash or pursuant to
an | ||||||
12 | order for withholding, the payment of the fee shall be by a | ||||||
13 | separate
instrument from the support payment and shall be made | ||||||
14 | to the order of the
Clerk.
| ||||||
15 | (f) All orders for support, when entered or
modified, shall | ||||||
16 | include a provision requiring the obligor to notify
the court | ||||||
17 | and, in cases in which a party is receiving child and spouse
| ||||||
18 | services under Article X of the Illinois Public Aid Code, the
| ||||||
19 | Department of Healthcare and Family Services, within 7 days, | ||||||
20 | (i) of the name and address
of any new employer of the obligor, | ||||||
21 | (ii) whether the obligor has access to
health insurance | ||||||
22 | coverage through the employer or other group coverage and,
if | ||||||
23 | so, the policy name and number and the names of persons covered | ||||||
24 | under
the policy, and (iii) of any new residential or mailing | ||||||
25 | address or telephone
number of the non-custodial parent. In any | ||||||
26 | subsequent action to enforce a
support order, upon a sufficient |
| |||||||
| |||||||
1 | showing that a diligent effort has been made
to ascertain the | ||||||
2 | location of the non-custodial parent, service of process or
| ||||||
3 | provision of notice necessary in the case may be made at the | ||||||
4 | last known
address of the non-custodial parent in any manner | ||||||
5 | expressly provided by the
Code of Civil Procedure or this Act, | ||||||
6 | which service shall be sufficient for
purposes of due process.
| ||||||
7 | (g) An order for support shall include a date on which the | ||||||
8 | current
support obligation terminates. The termination date | ||||||
9 | shall be no earlier than
the date on which the child covered by | ||||||
10 | the order will attain the age of
18. However, if the child will | ||||||
11 | not graduate from high school until after
attaining the age of | ||||||
12 | 18, then the termination date shall be no earlier than the
| ||||||
13 | earlier of the date on which the child's high school graduation | ||||||
14 | will occur or
the date on which the child will attain the age | ||||||
15 | of 19. The order for support
shall state that the termination | ||||||
16 | date does not apply to any arrearage that may
remain unpaid on | ||||||
17 | that date. Nothing in this subsection shall be construed to
| ||||||
18 | prevent the court from modifying the order or terminating the | ||||||
19 | order in the
event the child is otherwise emancipated.
| ||||||
20 | (g-5) If there is an unpaid arrearage or delinquency (as | ||||||
21 | those terms are defined in the Income Withholding for Support | ||||||
22 | Act) equal to at least one month's support obligation on the | ||||||
23 | termination date stated in the order for support or, if there | ||||||
24 | is no termination date stated in the order, on the date the | ||||||
25 | child attains the age of majority or is otherwise emancipated, | ||||||
26 | the periodic amount required to be paid for current support of |
| |||||||
| |||||||
1 | that child immediately prior to that date shall automatically | ||||||
2 | continue to be an obligation, not as current support but as | ||||||
3 | periodic payment toward satisfaction of the unpaid arrearage or | ||||||
4 | delinquency. That periodic payment shall be in addition to any | ||||||
5 | periodic payment previously required for satisfaction of the | ||||||
6 | arrearage or delinquency. The total periodic amount to be paid | ||||||
7 | toward satisfaction of the arrearage or delinquency may be | ||||||
8 | enforced and collected by any method provided by law for | ||||||
9 | enforcement and collection of child support, including but not | ||||||
10 | limited to income withholding under the Income Withholding for | ||||||
11 | Support Act. Each order for support entered or modified on or | ||||||
12 | after the effective date of this amendatory Act of the 93rd | ||||||
13 | General Assembly must contain a statement notifying the parties | ||||||
14 | of the requirements of this subsection. Failure to include the | ||||||
15 | statement in the order for support does not affect the validity | ||||||
16 | of the order or the operation of the provisions of this | ||||||
17 | subsection with regard to the order. This subsection shall not | ||||||
18 | be construed to prevent or affect the establishment or | ||||||
19 | modification of an order for support of a minor child or the | ||||||
20 | establishment or modification of an order for support of a | ||||||
21 | non-minor child or educational expenses under Section 513 of | ||||||
22 | this Act.
| ||||||
23 | (h) An order entered under this Section shall include a | ||||||
24 | provision requiring
the obligor to report to the obligee and to | ||||||
25 | the clerk of court within 10 days
each time the obligor obtains | ||||||
26 | new employment, and each time the obligor's
employment is |
| |||||||
| |||||||
1 | terminated for any reason. The report shall be in writing and
| ||||||
2 | shall, in the case of new employment, include the name and | ||||||
3 | address of the new
employer. Failure to report new employment | ||||||
4 | or the termination of current
employment, if coupled with | ||||||
5 | nonpayment of support for a period in excess of 60
days, is | ||||||
6 | indirect criminal contempt. For any obligor arrested for | ||||||
7 | failure to
report new employment bond shall be set in the | ||||||
8 | amount of the child support that
should have been paid during | ||||||
9 | the period of unreported employment. An order
entered under | ||||||
10 | this Section shall also include a provision requiring the | ||||||
11 | obligor
and obligee parents to advise each other of a change in | ||||||
12 | residence within 5 days
of the change except when the court | ||||||
13 | finds that the physical, mental, or
emotional health of a party | ||||||
14 | or that of a child, or both, would be
seriously endangered by | ||||||
15 | disclosure of the party's address.
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16 | (i) The court does not lose the powers of contempt, | ||||||
17 | driver's license
suspension, or other child support | ||||||
18 | enforcement mechanisms, including, but
not limited to, | ||||||
19 | criminal prosecution as set forth in this Act, upon the
| ||||||
20 | emancipation of the minor child or children.
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21 | (Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07.)
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22 | Section 15. The Non-Support Punishment Act is amended by | ||||||
23 | changing Section 23 as follows:
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24 | (750 ILCS 16/23)
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1 | Sec. 23. Interest on support obligations. | ||||||
2 | (a) A support obligation, or any
portion of a support | ||||||
3 | obligation, which becomes due and remains unpaid as of the end | ||||||
4 | of each month, excluding the child support that was due for | ||||||
5 | that month to the extent that it was not paid in that month,
| ||||||
6 | shall accrue interest as set forth in Section 12-109 of the | ||||||
7 | Code of Civil Procedure.
| ||||||
8 | (b) Upon motion and notice, a court may forgive interest | ||||||
9 | that has accrued on all or part of a past due child support | ||||||
10 | obligation if the obligor: | ||||||
11 | (1) demonstrates that during the time that the past due | ||||||
12 | child support was accumulating, the obligor was unable to | ||||||
13 | pay child support; | ||||||
14 | (2) agrees to make future support payments on time | ||||||
15 | provided that if the obligor fails to make future support | ||||||
16 | payments on time, the court may reinstate all or part of | ||||||
17 | the interest that was forgiven; or | ||||||
18 | (3) makes a lump sum payment. | ||||||
19 | (Source: P.A. 94-90, eff. 1-1-06.)
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20 | Section 20. The Illinois Parentage Act of 1984 is amended | ||||||
21 | by changing Section 20.7 as follows:
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22 | (750 ILCS 45/20.7)
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23 | Sec. 20.7. Interest on support obligations. | ||||||
24 | (a) A support obligation, or any
portion of a support |
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| |||||||
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 simple interest as set forth in Section 12-109 of | ||||||
5 | the Code of Civil Procedure.
An order for support entered or | ||||||
6 | modified on or after January 1, 2006 shall
contain a statement | ||||||
7 | that a support obligation required under the order, or any
| ||||||
8 | portion of a support obligation required under the order, that | ||||||
9 | becomes due and
remains unpaid as of the end of each month, | ||||||
10 | excluding the child support that was due for that month to the | ||||||
11 | extent that it was not paid in that month, shall accrue simple | ||||||
12 | interest as set forth in Section 12-109 of the Code of Civil | ||||||
13 | Procedure. Failure to include the statement in the order for | ||||||
14 | support does
not affect the validity of the order or the | ||||||
15 | accrual of interest as provided in
this Section.
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16 | (b) Upon motion and notice, a court may forgive interest | ||||||
17 | that has accrued on all or part of a past due child support | ||||||
18 | obligation if the obligor: | ||||||
19 | (1) demonstrates that during the time that the past due | ||||||
20 | child support was accumulating, the obligor was unable to | ||||||
21 | pay child support; | ||||||
22 | (2) agrees to make future support payments on time | ||||||
23 | provided that if the obligor fails to make future support | ||||||
24 | payments on time, the court may reinstate all or part of | ||||||
25 | the interest that was forgiven; or | ||||||
26 | (3) makes a lump sum payment. |
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1 | (Source: P.A. 94-90, eff. 1-1-06.)
|