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1     AN ACT concerning civil law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 3. The Illinois Public Aid Code is amended by
5 changing Section 10-10 as follows:
 
6     (305 ILCS 5/10-10)  (from Ch. 23, par. 10-10)
7     Sec. 10-10. Court enforcement; applicability also to
8 persons who are not applicants or recipients. Except where the
9 Illinois Department, by agreement, acts for the local
10 governmental unit, as provided in Section 10-3.1, local
11 governmental units shall refer to the State's Attorney or to
12 the proper legal representative of the governmental unit, for
13 judicial enforcement as herein provided, instances of
14 non-support or insufficient support when the dependents are
15 applicants or recipients under Article VI. The Child and Spouse
16 Support Unit established by Section 10-3.1 may institute in
17 behalf of the Illinois Department any actions under this
18 Section for judicial enforcement of the support liability when
19 the dependents are (a) applicants or recipients under Articles
20 III, IV, V or VII; (b) applicants or recipients in a local
21 governmental unit when the Illinois Department, by agreement,
22 acts for the unit; or (c) non-applicants or non-recipients who
23 are receiving child support enforcement services under this
24 Article X, as provided in Section 10-1. Where the Child and
25 Spouse Support Unit has exercised its option and discretion not
26 to apply the provisions of Sections 10-3 through 10-8, the
27 failure by the Unit to apply such provisions shall not be a bar
28 to bringing an action under this Section.
29     Action shall be brought in the circuit court to obtain
30 support, or for the recovery of aid granted during the period
31 such support was not provided, or both for the obtainment of
32 support and the recovery of the aid provided. Actions for the

 

 

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1 recovery of aid may be taken separately or they may be
2 consolidated with actions to obtain support. Such actions may
3 be brought in the name of the person or persons requiring
4 support, or may be brought in the name of the Illinois
5 Department or the local governmental unit, as the case
6 requires, in behalf of such persons.
7     The court may enter such orders for the payment of moneys
8 for the support of the person as may be just and equitable and
9 may direct payment thereof for such period or periods of time
10 as the circumstances require, including support for a period
11 before the date the order for support is entered. The order may
12 be entered against any or all of the defendant responsible
13 relatives and may be based upon the proportionate ability of
14 each to contribute to the person's support.
15     The Court shall determine the amount of child support
16 (including child support for a period before the date the order
17 for child support is entered) by using the guidelines and
18 standards set forth in subsection (a) of Section 505 and in
19 Section 505.2 of the Illinois Marriage and Dissolution of
20 Marriage Act. For purposes of determining the amount of child
21 support to be paid for a period before the date the order for
22 child support is entered, there is a rebuttable presumption
23 that the responsible relative's net income for that period was
24 the same as his or her net income at the time the order is
25 entered.
26     If (i) the responsible relative was properly served with a
27 request for discovery of financial information relating to the
28 responsible relative's ability to provide child support, (ii)
29 the responsible relative failed to comply with the request,
30 despite having been ordered to do so by the court, and (iii)
31 the responsible relative is not present at the hearing to
32 determine support despite having received proper notice, then
33 any relevant financial information concerning the responsible
34 relative's ability to provide child support that was obtained
35 pursuant to subpoena and proper notice shall be admitted into
36 evidence without the need to establish any further foundation

 

 

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1 for its admission.
2     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 minor child, or both, would be seriously
20 endangered by disclosure of the party's address.
21     The Court shall determine the amount of maintenance using
22 the standards set forth in Section 504 of the Illinois Marriage
23 and Dissolution of Marriage Act.
24     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
27 such judgment to be in the amount of each payment or
28 installment of support and each such judgment to be deemed
29 entered as of the date the corresponding payment or installment
30 becomes due under the terms of the support order. Each such
31 judgment shall have the full force, effect and attributes of
32 any other judgment of this State, including the ability to be
33 enforced. Any such judgment is subject to modification or
34 termination only in accordance with Section 510 of the Illinois
35 Marriage and Dissolution of Marriage Act. A lien arises by
36 operation of law against the real and personal property of the

 

 

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1 noncustodial parent for each installment of overdue support
2 owed by the noncustodial parent.
3     When an order is entered for the support of a minor, the
4 court may provide therein for reasonable visitation of the
5 minor by the person or persons who provided support pursuant to
6 the order. Whoever willfully refuses to comply with such
7 visitation order or willfully interferes with its enforcement
8 may be declared in contempt of court and punished therefor.
9     Except where the local governmental unit has entered into
10 an agreement with the Illinois Department for the Child and
11 Spouse Support Unit to act for it, as provided in Section
12 10-3.1, support orders entered by the court in cases involving
13 applicants or recipients under Article VI shall provide that
14 payments thereunder be made directly to the local governmental
15 unit. Orders for the support of all other applicants or
16 recipients shall provide that payments thereunder be made
17 directly to the Illinois Department. In accordance with federal
18 law and regulations, the Illinois Department may continue to
19 collect current maintenance payments or child support
20 payments, or both, after those persons cease to receive public
21 assistance and until termination of services under Article X.
22 The Illinois Department shall pay the net amount collected to
23 those persons after deducting any costs incurred in making the
24 collection or any collection fee from the amount of any
25 recovery made. In both cases the order shall permit the local
26 governmental unit or the Illinois Department, as the case may
27 be, to direct the responsible relative or relatives to make
28 support payments directly to the needy person, or to some
29 person or agency in his behalf, upon removal of the person from
30 the public aid rolls or upon termination of services under
31 Article X.
32     If the notice of support due issued pursuant to Section
33 10-7 directs that support payments be made directly to the
34 needy person, or to some person or agency in his behalf, and
35 the recipient is removed from the public aid rolls, court
36 action may be taken against the responsible relative hereunder

 

 

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1 if he fails to furnish support in accordance with the terms of
2 such notice.
3     Actions may also be brought under this Section in behalf of
4 any person who is in need of support from responsible
5 relatives, as defined in Section 2-11 of Article II who is not
6 an applicant for or recipient of financial aid under this Code.
7 In such instances, the State's Attorney of the county in which
8 such person resides shall bring action against the responsible
9 relatives hereunder. If the Illinois Department, as authorized
10 by Section 10-1, extends the child support enforcement services
11 provided by this Article to spouses and dependent children who
12 are not applicants or recipients under this Code, the Child and
13 Spouse Support Unit established by Section 10-3.1 shall bring
14 action against the responsible relatives hereunder and any
15 support orders entered by the court in such cases shall provide
16 that payments thereunder be made directly to the Illinois
17 Department.
18     Whenever it is determined in a proceeding to establish or
19 enforce a child support or maintenance obligation that the
20 person owing a duty of support is unemployed, the court shall,
21 unless the court makes specific findings about the person based
22 upon clear and convincing evidence and determines that the
23 person is incapable of gainful employment because of a physical
24 or a mental condition, or a combination of conditions, may
25 order the person to seek employment and report periodically to
26 the court with a diary, listing or other memorandum of his or
27 her efforts in accordance with such order. Additionally, the
28 court may order the unemployed person to report to the
29 Department of Employment Security for job search services or to
30 make application with the local Job Training Partnership Act
31 provider or an Illinois Employment and Training Center for
32 participation in job search, training or work programs and
33 where the duty of support is owed to a child receiving child
34 support enforcement services under this Article X, the court
35 may order the unemployed person to report to the Illinois
36 Department for participation in job search, training or work

 

 

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1 programs established under Section 9-6 and Article IXA of this
2 Code.
3     Whenever it is determined that a person owes past-due
4 support for a child receiving assistance under this Code, the
5 court shall order at the request of the Illinois Department:
6         (1) that the person pay the past-due support in
7     accordance with a plan approved by the court; or
8         (2) if the person owing past-due support is unemployed,
9     is subject to such a plan, and is not incapacitated, that
10     the person participate in such job search, training, or
11     work programs established under Section 9-6 and Article IXA
12     of this Code as the court deems appropriate.
13     A determination under this Section shall not be
14 administratively reviewable by the procedures specified in
15 Sections 10-12, and 10-13 to 10-13.10. Any determination under
16 these Sections, if made the basis of court action under this
17 Section, shall not affect the de novo judicial determination
18 required under this Section.
19     A one-time charge of 20% is imposable upon the amount of
20 past-due child support owed on July 1, 1988 which has accrued
21 under a support order entered by the court. The charge shall be
22 imposed in accordance with the provisions of Section 10-21 of
23 this Code and shall be enforced by the court upon petition.
24     All orders for support, when entered or modified, shall
25 include a provision requiring the non-custodial parent to
26 notify the court and, in cases in which a party is receiving
27 child support enforcement services under this Article X, the
28 Illinois Department, within 7 days, (i) of the name, address,
29 and telephone number of any new employer of the non-custodial
30 parent, (ii) whether the non-custodial parent has access to
31 health insurance coverage through the employer or other group
32 coverage and, if so, the policy name and number and the names
33 of persons covered under the policy, and (iii) of any new
34 residential or mailing address or telephone number of the
35 non-custodial parent. In any subsequent action to enforce a
36 support order, upon a sufficient showing that a diligent effort

 

 

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1 has been made to ascertain the location of the non-custodial
2 parent, service of process or provision of notice necessary in
3 the case may be made at the last known address of the
4 non-custodial parent in any manner expressly provided by the
5 Code of Civil Procedure or this Code, which service shall be
6 sufficient for purposes of due process.
7     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 paragraph 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     If there is an unpaid arrearage or delinquency (as those
21 terms are defined in the Income Withholding for Support Act)
22 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 then the periodic amount required to be paid for current
27 support of that child immediately prior to that date shall
28 automatically continue to be an obligation, not as current
29 support but as periodic payment toward satisfaction of the
30 unpaid arrearage or delinquency. That periodic payment shall be
31 in addition to any periodic payment previously required for
32 satisfaction of the arrearage or delinquency. The total
33 periodic amount to be paid toward satisfaction of the arrearage
34 or delinquency may be enforced and collected by any method
35 provided by law for the enforcement and collection of child
36 support, including but not limited to income withholding under

 

 

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1 the Income Withholding for Support Act. Each order for support
2 entered or modified on or after the effective date of this
3 amendatory Act of the 93rd General Assembly must contain a
4 statement notifying the parties of the requirements of this
5 paragraph. Failure to include the statement in the order for
6 support does not affect the validity of the order or the
7 operation of the provisions of this paragraph with regard to
8 the order. This paragraph shall not be construed to prevent or
9 affect the establishment or modification of an order for the
10 support of a minor child or the establishment or modification
11 of an order for the support of a non-minor child or educational
12 expenses under Section 513 of the Illinois Marriage and
13 Dissolution of Marriage Act.
14     Payments under this Section to the Illinois Department
15 pursuant to the Child Support Enforcement Program established
16 by Title IV-D of the Social Security Act shall be paid into the
17 Child Support Enforcement Trust Fund. All payments under this
18 Section to the Illinois Department of Human Services shall be
19 deposited in the DHS Recoveries Trust Fund. Disbursements from
20 these funds shall be as provided in Sections 12-9.1 and 12-10.2
21 of this Code. Payments received by a local governmental unit
22 shall be deposited in that unit's General Assistance Fund.
23     To the extent the provisions of this Section are
24 inconsistent with the requirements pertaining to the State
25 Disbursement Unit under Sections 10-10.4 and 10-26 of this
26 Code, the requirements pertaining to the State Disbursement
27 Unit shall apply.
28 (Source: P.A. 93-1061, eff. 1-1-05; 94-88, eff. 1-1-06; revised
29 8-9-05.)
 
30     Section 5. The Illinois Marriage and Dissolution of
31 Marriage Act is amended by changing Section 505.1 as follows:
 
32     (750 ILCS 5/505.1)  (from Ch. 40, par. 505.1)
33     Sec. 505.1. (a) Whenever it is determined in a proceeding
34 to establish or enforce a child support or maintenance

 

 

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1 obligation that the person owing a duty of support is
2 unemployed, the court shall, unless the court makes specific
3 findings about the person based upon clear and convincing
4 evidence and determines that the person is incapable of gainful
5 employment because of a physical or a mental condition, or a
6 combination of conditions, may order the person to seek
7 employment and report periodically to the court with a diary,
8 listing or other memorandum of his or her efforts in accordance
9 with such order. Additionally, the court may order the
10 unemployed person to report to the Department of Employment
11 Security for job search services or to make application with
12 the local Job Training Partnership Act provider or an Illinois
13 Employment and Training Center for participation in job search,
14 training, or work programs and where the duty of support is
15 owed to a child receiving child support enforcement services
16 under Article X of the Illinois Public Aid Code, as amended,
17 the court may order the unemployed person to report to the
18 Illinois Department of Healthcare and Family Services Public
19 Aid for participation in job search, training or work programs
20 established under Section 9-6 and Article IXA of that Code.
21     (b) Whenever it is determined that a person owes past-due
22 support for a child or for a child and the parent with whom the
23 child is living, and the child is receiving assistance under
24 the Illinois Public Aid Code, the court shall order at the
25 request of the Illinois Department of Healthcare and Family
26 Services Public Aid:
27         (1) that the person pay the past-due support in
28     accordance with a plan approved by the court; or
29         (2) if the person owing past-due support is unemployed,
30     is subject to such a plan, and is not incapacitated, that
31     the person participate in such job search, training, or
32     work programs established under Section 9-6 and Article IXA
33     of the Illinois Public Aid Code as the court deems
34     appropriate.
35 (Source: P.A. 91-357, eff. 7-29-99; 92-590, eff. 7-1-02;
36 revised 12-15-05.)
 

 

 

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1     Section 10. The Non-Support Punishment Act is amended by
2 changing Section 60 as follows:
 
3     (750 ILCS 16/60)
4     Sec. 60. Unemployed persons owing duty of support.
5     (a) Whenever it is determined in a proceeding to establish
6 or enforce a child support or maintenance obligation that the
7 person owing a duty of support is unemployed, the court shall,
8 unless the court makes specific findings about the person based
9 upon clear and convincing evidence and determines that the
10 person is incapable of gainful employment because of a physical
11 or a mental condition, or a combination of conditions, may
12 order the person to seek employment and report periodically to
13 the court with a diary, listing or other memorandum of his or
14 her efforts in accordance with such order. Additionally, the
15 court may order the unemployed person to report to the
16 Department of Employment Security for job search services or to
17 make application with the local Job Training Partnership Act
18 provider or an Illinois Employment and Training Center for
19 participation in job search, training, or work programs and
20 where the duty of support is owed to a child receiving child
21 support enforcement services under Article X of the Illinois
22 Public Aid Code the court may order the unemployed person to
23 report to the Illinois Department of Healthcare and Family
24 Services Public Aid for participation in job search, training,
25 or work programs established under Section 9-6 and Article IXA
26 of that Code.
27     (b) Whenever it is determined that a person owes past due
28 support for a child or for a child and the parent with whom the
29 child is living, and the child is receiving assistance under
30 the Illinois Public Aid Code, the court shall order at the
31 request of the Illinois Department of Healthcare and Family
32 Services Public Aid:
33         (1) that the person pay the past-due support in
34     accordance with a plan approved by the court; or

 

 

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1         (2) if the person owing past-due support is unemployed,
2     is subject to such a plan, and is not incapacitated, that
3     the person participate in such job search, training, or
4     work programs established under Section 9-6 and Article IXA
5     of the Illinois Public Aid Code as the court deems
6     appropriate.
7 (Source: P.A. 91-613, eff. 10-1-99; 92-16, eff. 6-28-01;
8 92-590, eff. 7-1-02; revised 12-15-05.)
 
9     Section 15. The Illinois Parentage Act of 1984 is amended
10 by changing Section 15.1 as follows:
 
11     (750 ILCS 45/15.1)  (from Ch. 40, par. 2515.1)
12     Sec. 15.1. (a) Whenever it is determined in a proceeding to
13 establish or enforce a child support obligation that the person
14 owing a duty of support is unemployed, the court shall, unless
15 the court makes specific findings about the person based upon
16 clear and convincing evidence and determines that the person is
17 incapable of gainful employment because of a physical or a
18 mental condition, or a combination of conditions, may order the
19 person to seek employment and report periodically to the court
20 with a diary, listing or other memorandum of his or her efforts
21 in accordance with such order. Additionally, the court may
22 order the unemployed person to report to the Department of
23 Employment Security for job search services or to make
24 application with the local Job Training Partnership Act
25 provider or an Illinois Employment and Training Center for
26 participation in job search, training or work programs and
27 where the duty of support is owed to a child receiving child
28 support enforcement services under Article X of the Illinois
29 Public Aid Code, as amended, the court may order the unemployed
30 person to report to the Illinois Department of Healthcare and
31 Family Services Public Aid for participation in job search,
32 training or work programs established under Section 9-6 and
33 Article IXA of that Code.
34     (b) Whenever it is determined that a person owes past-due

 

 

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1 support for a child, and the child is receiving assistance
2 under the Illinois Public Aid Code, the court shall order the
3 following at the request of the Illinois Department of
4 Healthcare and Family Services Public Aid:
5         (1) that the person pay the past-due support in
6     accordance with a plan approved by the court; or
7         (2) if the person owing past-due support is unemployed,
8     is subject to such a plan, and is not incapacitated, that
9     the person participate in such job search, training, or
10     work programs established under Section 9-6 and Article IXA
11     of the Illinois Public Aid Code as the court deems
12     appropriate.
13 (Source: P.A. 91-357, eff. 7-29-99; 92-590, eff. 7-1-02;
14 revised 12-15-05.)