093_HB1382eng

 
HB1382 Engrossed                     LRB093 03871 LCB 03906 b

 1        AN ACT concerning families.

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

 4        Section 5.  The Illinois Parentage Act of 1984 is amended
 5    by  changing Sections 14 and 16 and by adding Section 13.5 as
 6    follows:

 7        (750 ILCS 45/13.5 new)
 8        Sec. 13.5. Injunctive relief.
 9        (a)  In any action brought under this Act for the initial
10    determination of custody or visitation  of  a  child  or  for
11    modification  of  a  prior  custody  or visitation order, the
12    court, upon application of any  party,  may  enjoin  a  party
13    having  physical  possession  or  custody  of  a  child  from
14    temporarily  or  permanently removing the child from Illinois
15    pending  the  adjudication  of  the  issues  of  custody  and
16    visitation.
17        (b)  Injunctive relief under this Act shall  be  governed
18    by the relevant provisions of the Code of Civil Procedure.

19        (750 ILCS 45/14) (from Ch. 40, par. 2514)
20        Sec. 14.  Judgment.
21        (a) (1)  The judgment shall contain or explicitly reserve
22    provisions  concerning  any  duty and amount of child support
23    and  may  contain  provisions  concerning  the  custody   and
24    guardianship  of  the  child,  visitation privileges with the
25    child, the furnishing of  bond  or  other  security  for  the
26    payment  of  the judgment, which the court shall determine in
27    accordance  with  the  relevant  factors  set  forth  in  the
28    Illinois Marriage and Dissolution of  Marriage  Act  and  any
29    other  applicable  law  of  Illinois, to guide the court in a
30    finding in the best interests of the  child.  In  determining
 
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 1    custody,  joint  custody,  removal,  or visitation, the court
 2    shall apply the relevant standards of the  Illinois  Marriage
 3    and  Dissolution  of  Marriage  Act,  including  Section 609.
 4    Specifically, in determining the amount of any child  support
 5    award,  the  court shall use the guidelines and standards set
 6    forth in subsection (a) of Section 505 and in  Section  505.2
 7    of  the  Illinois  Marriage  and Dissolution of Marriage Act.
 8    For purposes of Section 505  of  the  Illinois  Marriage  and
 9    Dissolution   of   Marriage   Act,   "net   income"   of  the
10    non-custodial parent shall include any benefits available  to
11    that  person under the Illinois Public Aid Code or from other
12    federal, State  or  local  government-funded  programs.   The
13    court shall, in any event and regardless of the amount of the
14    non-custodial  parent's net income, in its judgment order the
15    non-custodial parent to pay child support  to  the  custodial
16    parent in a minimum amount of not less than $10 per month. In
17    an  action  brought within 2 years after a child's birth, the
18    judgment or  order  may  direct  either  parent  to  pay  the
19    reasonable  expenses incurred by either parent related to the
20    mother's  pregnancy  and  the  delivery  of  the  child.  The
21    judgment or order shall contain the father's social  security
22    number,  which  the  father  shall  disclose  to  the  court;
23    however,  failure  to  include  the  father's social security
24    number on the judgment  or  order  does  not  invalidate  the
25    judgment or order.
26        (2)  If  a  judgment  of  parentage  contains no explicit
27    award of custody, the establishment of a  support  obligation
28    or  of  visitation rights in one parent shall be considered a
29    judgment granting custody  to  the  other  parent.    If  the
30    parentage judgment contains no such provisions, custody shall
31    be  presumed  to be with the mother; however, the presumption
32    shall not apply if the father has had physical custody for at
33    least 6 months prior to the date that  the  mother  seeks  to
34    enforce custodial rights.
 
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 1        (b)  The  court  shall  order all child support payments,
 2    determined in accordance with such  guidelines,  to  commence
 3    with  the  date  summons  is  served.   The  level of current
 4    periodic support payments shall not  be  reduced  because  of
 5    payments set for the period prior to the date of entry of the
 6    support  order.   The  Court  may  order  any  child  support
 7    payments to be made for a period prior to the commencement of
 8    the  action.  In  determining whether and the extent to which
 9    the payments shall be made for any prior  period,  the  court
10    shall  consider all relevant facts, including the factors for
11    determining the amount of support specified in  the  Illinois
12    Marriage  and Dissolution of Marriage Act and other equitable
13    factors including but not limited to:
14             (1)  The father's prior knowledge of  the  fact  and
15        circumstances of the child's birth.
16             (2)  The  father's  prior  willingness or refusal to
17        help raise or support the child.
18             (3)  The extent to which the mother  or  the  public
19        agency bringing the action previously informed the father
20        of  the child's needs or attempted to seek or require his
21        help in raising or supporting the child.
22             (4)  The reasons the mother or the public agency did
23        not file the action earlier.
24             (5)  The  extent  to  which  the  father  would   be
25        prejudiced by the delay in bringing the action.
26        For  purposes  of determining the amount of child support
27    to be paid for any period  before  the  date  the  order  for
28    current  child  support  is  entered,  there  is a rebuttable
29    presumption that the father's net income for the prior period
30    was the same as his net income at  the  time  the  order  for
31    current child support is entered.
32        If  (i) the non-custodial parent was properly served with
33    a request for discovery of financial information relating  to
34    the  non-custodial parent's ability to provide child support,
 
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 1    (ii) the non-custodial  parent  failed  to  comply  with  the
 2    request,  despite  having been ordered to do so by the court,
 3    and (iii) the non-custodial parent  is  not  present  at  the
 4    hearing  to  determine support despite having received proper
 5    notice, then any relevant  financial  information  concerning
 6    the  non-custodial  parent's ability to provide child support
 7    that was obtained pursuant  to  subpoena  and  proper  notice
 8    shall be admitted into evidence without the need to establish
 9    any further foundation for its admission.
10        (c)  Any  new  or  existing  support order entered by the
11    court under this Section shall be deemed to be  a  series  of
12    judgments   against  the  person  obligated  to  pay  support
13    thereunder, each judgment to be in the amount of each payment
14    or installment of support and each such judgment to be deemed
15    entered  as  of  the  date  the  corresponding   payment   or
16    installment becomes due under the terms of the support order.
17    Each   judgment   shall  have  the  full  force,  effect  and
18    attributes of any other judgment of this State, including the
19    ability to be enforced. A lien arises  by  operation  of  law
20    against  the  real  and personal property of the noncustodial
21    parent for each installment of overdue support  owed  by  the
22    noncustodial parent.
23        (d)  If the judgment or order of the court is at variance
24    with  the  child's  birth  certificate, the court shall order
25    that a new  birth  certificate  be  issued  under  the  Vital
26    Records Act.
27        (e)  On  request  of the mother and the father, the court
28    shall order a change  in  the  child's  name.  After  hearing
29    evidence  the  court  may  stay payment of support during the
30    period of the father's minority or period of disability.
31        (f)  If, upon a showing of  proper  service,  the  father
32    fails  to appear in court, or otherwise appear as provided by
33    law, the court may proceed to hear the cause  upon  testimony
34    of  the mother or other parties taken in open court and shall
 
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 1    enter a judgment by default.  The court may reserve any order
 2    as to the amount  of  child  support  until  the  father  has
 3    received notice, by regular mail, of a hearing on the matter.
 4        (g)  A  one-time  charge  of  20%  is  imposable upon the
 5    amount of past-due child support owed on July 1,  1988  which
 6    has  accrued under a support order entered by the court.  The
 7    charge shall be imposed in accordance with the provisions  of
 8    Section  10-21  of  the Illinois Public Aid Code and shall be
 9    enforced by the court upon petition.
10        (h)  All orders for support, when  entered  or  modified,
11    shall  include a provision requiring the non-custodial parent
12    to notify the court and, in cases in which party is receiving
13    child support enforcement services under  Article  X  of  the
14    Illinois  Public  Aid Code, the Illinois Department of Public
15    Aid, within 7 days, (i) of the name and address  of  any  new
16    employer  of  the  non-custodial  parent,  (ii)  whether  the
17    non-custodial  parent has access to health insurance coverage
18    through the employer or other group coverage and, if so,  the
19    policy name and number and the names of persons covered under
20    the  policy,  and  (iii)  of  any  new residential or mailing
21    address or telephone number of the non-custodial parent.   In
22    any  subsequent  action  to  enforce  a support order, upon a
23    sufficient showing that a diligent effort has  been  made  to
24    ascertain  the  location of the non-custodial parent, service
25    of process or provision of notice necessary in the  case  may
26    be made at the last known address of the non-custodial parent
27    in  any  manner  expressly  provided  by  the  Code  of Civil
28    Procedure or this Act, which service shall be sufficient  for
29    purposes of due process.
30        (i)  An  order  for support shall include a date on which
31    the current support obligation terminates.   The  termination
32    date  shall  be  no  earlier than the date on which the child
33    covered by the order will attain the age of  majority  or  is
34    otherwise  emancipated.   The  order  for support shall state
 
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 1    that the termination date does not  apply  to  any  arrearage
 2    that  may  remain  unpaid  on  that  date.   Nothing  in this
 3    subsection shall be  construed  to  prevent  the  court  from
 4    modifying the order.
 5        (j)  An  order entered under this Section shall include a
 6    provision requiring the obligor to report to the obligee  and
 7    to  the  clerk  of court within 10 days each time the obligor
 8    obtains  new  employment,  and  each   time   the   obligor's
 9    employment  is terminated for any reason. The report shall be
10    in writing and shall, in the case of new employment,  include
11    the  name  and address of the new employer. Failure to report
12    new employment or the termination of current  employment,  if
13    coupled  with nonpayment of support for a period in excess of
14    60 days, is indirect  criminal  contempt.   For  any  obligor
15    arrested  for  failure to report new employment bond shall be
16    set in the amount of the child support that should have  been
17    paid  during  the  period of unreported employment.  An order
18    entered under this Section shall  also  include  a  provision
19    requiring  the  obligor  and  obligee  parents to advise each
20    other of a change in residence within 5 days  of  the  change
21    except  when  the  court  finds that the physical, mental, or
22    emotional health of a party or that  of  a  minor  child,  or
23    both,  would  be  seriously  endangered  by disclosure of the
24    party's address.
25    (Source: P.A. 91-767, eff. 6-9-00, 92-590, eff. 7-1-02.)

26        (750 ILCS 45/16) (from Ch. 40, par. 2516)
27        Sec.  16.   Modification  of  Judgment.   The  court  has
28    continuing jurisdiction  to  modify  an  order  for  support,
29    custody,  or  visitation,  or  removal included in a judgment
30    entered under this  Act.   Any  custody,  or  visitation,  or
31    removal judgment modification shall be in accordance with the
32    relevant  factors  specified  in  the  "Illinois Marriage and
33    Dissolution of Marriage Act, including Section 609", approved
 
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 1    September 22, 1977, as now or hereafter amended. Any  support
 2    judgment  is  subject  to modification or termination only in
 3    accordance with Section 510  of  the  Illinois  Marriage  and
 4    Dissolution of Marriage Act.
 5    (Source: P.A. 85-2.)

 6        Section  99.  Effective date.  This Act takes effect upon
 7    becoming law.