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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 10-8.1 as follows:
| |||||||||||||||||||||||||
6 | (305 ILCS 5/10-8.1)
| |||||||||||||||||||||||||
7 | Sec. 10-8.1. Temporary order for child support. | |||||||||||||||||||||||||
8 | Notwithstanding any other
law to the contrary, pending the | |||||||||||||||||||||||||
9 | outcome of an
administrative determination of parentage, the | |||||||||||||||||||||||||
10 | Illinois Department shall issue
a temporary order for child | |||||||||||||||||||||||||
11 | support, upon motion by a party and a showing of
clear and | |||||||||||||||||||||||||
12 | convincing evidence of paternity. In determining the amount of | |||||||||||||||||||||||||
13 | the
temporary child support award, the Illinois Department | |||||||||||||||||||||||||
14 | shall use the
guidelines and standards set forth in subsection | |||||||||||||||||||||||||
15 | (a) of Section 505 and in
Section 505.2 of the Illinois | |||||||||||||||||||||||||
16 | Marriage and Dissolution of Marriage Act.
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17 | Any new or existing support order entered by the Illinois | |||||||||||||||||||||||||
18 | Department under
this Section shall be deemed to be a series of | |||||||||||||||||||||||||
19 | judgments against the person
obligated to pay support | |||||||||||||||||||||||||
20 | thereunder, each such judgment to be in the amount of
each | |||||||||||||||||||||||||
21 | payment or installment of support and each judgment to be | |||||||||||||||||||||||||
22 | deemed entered
as of the date the corresponding payment or | |||||||||||||||||||||||||
23 | installment becomes due under the
terms of the support order. | |||||||||||||||||||||||||
24 | Each such judgment shall have
the full force, effect, and | |||||||||||||||||||||||||
25 | attributes of any other judgment of this State,
including the | |||||||||||||||||||||||||
26 | ability to be enforced. Any such judgment is subject to
| |||||||||||||||||||||||||
27 | modification or termination only in accordance with Section 510 | |||||||||||||||||||||||||
28 | of the
Illinois Marriage and Dissolution of Marriage Act.
A | |||||||||||||||||||||||||
29 | lien arises by operation of law against the real and personal | |||||||||||||||||||||||||
30 | property of the
noncustodial parent for each
installment of | |||||||||||||||||||||||||
31 | overdue support owed by the noncustodial parent.
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32 | All orders for support entered or modified in a case in |
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| |||||||
1 | which a party is
receiving child support enforcement services | ||||||
2 | under this
Article X shall include
a provision requiring the | ||||||
3 | non-custodial parent to notify the Illinois
Department, within | ||||||
4 | 7 days, (i) of the name, address, and telephone number of
any | ||||||
5 | new
employer of the non-custodial parent, (ii) whether the | ||||||
6 | non-custodial parent has
access to health insurance coverage | ||||||
7 | through the employer or other group
coverage, and, if so, the | ||||||
8 | policy name and number and the names of persons
covered under | ||||||
9 | the policy, and (iii) of any new residential or mailing address
| ||||||
10 | or telephone number of the non-custodial parent.
| ||||||
11 | In any subsequent action to enforce a support order, upon | ||||||
12 | sufficient showing
that diligent effort has been made to | ||||||
13 | ascertain the location of the
non-custodial parent, service of | ||||||
14 | process or provision of notice necessary in
that action may be | ||||||
15 | made at the last known address of the non-custodial parent,
in | ||||||
16 | any manner expressly provided by the Code of
Civil Procedure or | ||||||
17 | this Act, which service shall be sufficient for purposes of
due | ||||||
18 | process.
| ||||||
19 | After proper notice has been served upon the non-custodial | ||||||
20 | parent in an action to enforce a child support order, a hearing | ||||||
21 | to show cause for the non-support shall be held within 45 days | ||||||
22 | of the notice.
| ||||||
23 | 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 | ||||||
27 | not graduate from high school until after
attaining the age
of | ||||||
28 | 18, then the termination date shall be no earlier than the | ||||||
29 | earlier of the
date on which
the child's high school graduation | ||||||
30 | will occur or the date on which the child
will attain the
age | ||||||
31 | of 19. The order for support shall state that the termination
| ||||||
32 | date does not apply to any arrearage that may remain unpaid on | ||||||
33 | that date.
Nothing in this paragraph shall be construed to | ||||||
34 | prevent the Illinois Department
from modifying the order or | ||||||
35 | terminating the order in the event the child is
otherwise | ||||||
36 | emancipated.
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| |||||||
1 | If there is an unpaid arrearage or delinquency (as those | ||||||
2 | terms are defined in the Income Withholding for Support Act) | ||||||
3 | equal to at least one month's support obligation on the | ||||||
4 | termination date stated in the order for support or, if there | ||||||
5 | is no termination date stated in the order, on the date the | ||||||
6 | child attains the age of majority or is otherwise emancipated, | ||||||
7 | then the periodic amount required to be paid for current | ||||||
8 | support of that child immediately prior to that date shall | ||||||
9 | automatically continue to be an obligation, not as current | ||||||
10 | support but as periodic payment toward satisfaction of the | ||||||
11 | unpaid arrearage or delinquency. That periodic payment shall be | ||||||
12 | in addition to any periodic payment previously required for | ||||||
13 | satisfaction of the arrearage or delinquency. The total | ||||||
14 | periodic amount to be paid toward satisfaction of the arrearage | ||||||
15 | or delinquency may be enforced and collected by any method | ||||||
16 | provided by law for the enforcement and collection of child | ||||||
17 | support, including but not limited to income withholding under | ||||||
18 | the Income Withholding for Support Act. Each order for support | ||||||
19 | entered or modified on or after the effective date of this | ||||||
20 | amendatory Act of the 93rd General Assembly must contain a | ||||||
21 | statement notifying the parties of the requirements of this | ||||||
22 | paragraph. Failure to include the statement in the order for | ||||||
23 | support does not affect the validity of the order or the | ||||||
24 | operation of the provisions of this paragraph with regard to | ||||||
25 | the order. This paragraph shall not be construed to prevent or | ||||||
26 | affect the establishment or modification of an order for the | ||||||
27 | support of a minor child or the establishment or modification | ||||||
28 | of an order for the support of a non-minor child or educational | ||||||
29 | expenses under Section 513 of the Illinois Marriage and | ||||||
30 | Dissolution of Marriage Act.
| ||||||
31 | (Source: P.A. 92-590, eff. 7-1-02; 92-876, eff. 6-1-03; | ||||||
32 | 93-1061, eff. 1-1-05.)
| ||||||
33 | Section 10. The Illinois Marriage and Dissolution of | ||||||
34 | Marriage Act is amended by changing Section 505 as follows:
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1 | (750 ILCS 5/505) (from Ch. 40, par. 505)
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2 | Sec. 505. Child support; contempt; penalties.
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3 | (a) In a proceeding for dissolution of marriage, legal | |||||||||||||||||||||||||||||||||
4 | separation,
declaration of invalidity of marriage, a | |||||||||||||||||||||||||||||||||
5 | proceeding for child support
following dissolution of the | |||||||||||||||||||||||||||||||||
6 | marriage by a court which lacked personal
jurisdiction over the | |||||||||||||||||||||||||||||||||
7 | absent spouse, a proceeding for modification of a
previous | |||||||||||||||||||||||||||||||||
8 | order for child support under Section 510 of this Act, or any
| |||||||||||||||||||||||||||||||||
9 | proceeding authorized under Section 501 or 601 of this Act, the | |||||||||||||||||||||||||||||||||
10 | court may
order either or both parents owing a duty of support | |||||||||||||||||||||||||||||||||
11 | to a child of the
marriage to pay an amount reasonable and | |||||||||||||||||||||||||||||||||
12 | necessary for his support, without
regard to marital | |||||||||||||||||||||||||||||||||
13 | misconduct. The duty of support owed to a child
includes the | |||||||||||||||||||||||||||||||||
14 | obligation to provide for the reasonable and necessary
| |||||||||||||||||||||||||||||||||
15 | physical, mental and emotional health needs of the child.
For | |||||||||||||||||||||||||||||||||
16 | purposes of this Section, the term "child" shall include any | |||||||||||||||||||||||||||||||||
17 | child under
age 18 and
any child under age 19 who is still | |||||||||||||||||||||||||||||||||
18 | attending high school.
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19 | (1) The Court shall determine the minimum amount of | |||||||||||||||||||||||||||||||||
20 | support by using the
following guidelines:
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29 | (2) The above guidelines shall be applied in each case | |||||||||||||||||||||||||||||||||
30 | unless the court
makes a finding that application of the | |||||||||||||||||||||||||||||||||
31 | guidelines would be
inappropriate, after considering the | |||||||||||||||||||||||||||||||||
32 | best interests of the child in light of
evidence including | |||||||||||||||||||||||||||||||||
33 | but not limited to one or more of the following relevant
| |||||||||||||||||||||||||||||||||
34 | factors:
| |||||||||||||||||||||||||||||||||
35 | (a) the financial resources and needs of the child;
| |||||||||||||||||||||||||||||||||
36 | (b) the financial resources and needs of the |
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| |||||||
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;
| ||||||
27 | (h) Expenditures for repayment of debts that | ||||||
28 | represent reasonable and
necessary expenses for the | ||||||
29 | production of income, medical expenditures
necessary | ||||||
30 | to preserve life or health, reasonable expenditures | ||||||
31 | for the
benefit of the child and the other parent, | ||||||
32 | exclusive of gifts. The court
shall reduce net income | ||||||
33 | in determining the minimum amount of support to be
| ||||||
34 | ordered only for the period that such payments are due | ||||||
35 | and shall enter an
order containing provisions for its | ||||||
36 | 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 | ||||||
27 | income is uncertain
as to source, time of payment, or | ||||||
28 | amount, the court may order a percentage
amount of support | ||||||
29 | in addition to a specific dollar amount and enter
such | ||||||
30 | other orders as may be necessary to determine and enforce, | ||||||
31 | on a timely
basis, the applicable support ordered.
| ||||||
32 | (6) If (i) the non-custodial parent was properly served | ||||||
33 | with a request
for
discovery of financial information | ||||||
34 | relating to the non-custodial parent's
ability to
provide | ||||||
35 | child support, (ii) the non-custodial parent failed to | ||||||
36 | comply with the
request,
despite having been ordered to do |
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| |||||||
1 | so by the court, and (iii) the non-custodial
parent is not | ||||||
2 | present at the hearing to determine support despite having
| ||||||
3 | received
proper notice, then any relevant financial | ||||||
4 | information concerning the
non-custodial parent's ability | ||||||
5 | to provide child support that was obtained
pursuant to
| ||||||
6 | subpoena and proper notice shall be admitted into evidence | ||||||
7 | without the need to
establish any further foundation for | ||||||
8 | its admission.
| ||||||
9 | (a-5) In an action to enforce an order for support based on | ||||||
10 | the
respondent's failure
to make support payments as required | ||||||
11 | by the order, notice of proceedings to
hold the respondent in | ||||||
12 | contempt for that failure may be served on the
respondent by | ||||||
13 | personal service or by regular mail addressed to the | ||||||
14 | respondent's
last known address. The respondent's last known | ||||||
15 | address may be determined from
records of the clerk of the | ||||||
16 | court, from the Federal Case Registry of Child
Support Orders, | ||||||
17 | or by any other reasonable means.
| ||||||
18 | (a-7) After proper notice has been served upon the | ||||||
19 | non-custodial parent in an action to enforce a child support | ||||||
20 | order, a hearing to show cause for the non-support shall be | ||||||
21 | held within 45 days of the notice.
| ||||||
22 | (b) Failure of either parent to comply with an order to pay | ||||||
23 | support shall
be punishable as in other cases of contempt. In | ||||||
24 | addition to other
penalties provided by law the Court may, | ||||||
25 | after finding the parent guilty
of contempt, order that the | ||||||
26 | parent be:
| ||||||
27 | (1) placed on probation with such conditions of | ||||||
28 | probation as the Court
deems advisable;
| ||||||
29 | (2) sentenced to periodic imprisonment for a period not | ||||||
30 | to exceed 6
months; provided, however, that the Court may | ||||||
31 | permit the parent to be
released for periods of time during | ||||||
32 | the day or night to:
| ||||||
33 | (A) work; or
| ||||||
34 | (B) conduct a business or other self-employed | ||||||
35 | occupation.
| ||||||
36 | The Court may further order any part or all of the earnings |
| |||||||
| |||||||
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 | ||||||
27 | fide purchasers, mortgagees, judgment creditors, or other lien
| ||||||
28 | holders who acquire their interests in the property prior to | ||||||
29 | the time a notice
of lis pendens pursuant to the Code of Civil | ||||||
30 | Procedure or a copy of the order
is placed of record in the | ||||||
31 | office of the recorder of deeds for the county in
which the | ||||||
32 | real property is located.
| ||||||
33 | The court may also order in cases where the parent is 90 | ||||||
34 | days or more
delinquent in payment of support or has been | ||||||
35 | adjudicated in arrears in an
amount equal to 90 days obligation | ||||||
36 | 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 | ||||||
27 | Section 50 of that Act if
the person is currently participating | ||||||
28 | in a work program pursuant to Section
505.1 of this Act.
| ||||||
29 | A support obligation, or any portion of a support | ||||||
30 | obligation, which becomes
due and remains unpaid as of the end | ||||||
31 | of each month, excluding the child support that was due for | ||||||
32 | that month to the extent that it was not paid in that month, | ||||||
33 | shall accrue simple interest as set forth in Section 12-109 of | ||||||
34 | the Code of Civil Procedure.
An order for support entered or | ||||||
35 | modified on or after January 1, 2006 shall
contain a statement | ||||||
36 | that a support obligation required under the order, or any
|
| |||||||
| |||||||
1 | portion of a support obligation required under the order, that | ||||||
2 | becomes due and
remains unpaid as of the end of each month, | ||||||
3 | excluding the child support that was due for that month to the | ||||||
4 | extent that it was not paid in that month, shall accrue simple | ||||||
5 | interest as set forth in Section 12-109 of the Code of Civil | ||||||
6 | Procedure. Failure to include the statement in the order for | ||||||
7 | support does
not affect the validity of the order or the | ||||||
8 | accrual of interest as provided in
this Section.
| ||||||
9 | (c) A one-time charge of 20% is imposable upon the amount | ||||||
10 | of
past-due child support owed on July 1, 1988 which has | ||||||
11 | accrued under a
support order entered by the court. The charge | ||||||
12 | shall be imposed in
accordance with the provisions of Section | ||||||
13 | 10-21 of the Illinois Public Aid
Code and shall be enforced by | ||||||
14 | the court upon petition.
| ||||||
15 | (d) Any new or existing support order entered by the court
| ||||||
16 | under this Section shall be deemed to be a series of judgments | ||||||
17 | against the
person obligated to pay support thereunder, each | ||||||
18 | such judgment to be in the
amount of each payment or | ||||||
19 | installment of support and each such judgment to
be deemed | ||||||
20 | entered as of the date the corresponding payment or installment
| ||||||
21 | becomes due under the terms of the support order. Each such | ||||||
22 | judgment shall
have the full force, effect and attributes of | ||||||
23 | any other judgment of this
State, including the ability to be | ||||||
24 | enforced.
A lien arises by operation of law against the real | ||||||
25 | and personal property of
the noncustodial parent for each | ||||||
26 | installment of overdue support owed by the
noncustodial parent.
| ||||||
27 | (e) When child support is to be paid through the clerk of | ||||||
28 | the court in a
county of 1,000,000 inhabitants or less, the | ||||||
29 | order shall direct the obligor
to pay to the clerk, in addition | ||||||
30 | to the child support payments, all fees
imposed by the county | ||||||
31 | board under paragraph (3) of subsection (u) of
Section 27.1 of | ||||||
32 | the Clerks of Courts Act. Unless paid in cash or pursuant to
an | ||||||
33 | order for withholding, the payment of the fee shall be by a | ||||||
34 | separate
instrument from the support payment and shall be made | ||||||
35 | to the order of the
Clerk.
| ||||||
36 | (f) All orders for support, when entered or
modified, shall |
| |||||||
| |||||||
1 | include a provision requiring the obligor to notify
the court | ||||||
2 | and, in cases in which a party is receiving child and spouse
| ||||||
3 | services under Article X of the Illinois Public Aid Code, the
| ||||||
4 | Illinois Department of Public Aid, within 7 days, (i) of the | ||||||
5 | name and address
of any new employer of the obligor, (ii) | ||||||
6 | whether the obligor has access to
health insurance coverage | ||||||
7 | through the employer or other group coverage and,
if so, the | ||||||
8 | policy name and number and the names of persons covered under
| ||||||
9 | the policy, and (iii) of any new residential or mailing address | ||||||
10 | or telephone
number of the non-custodial parent. In any | ||||||
11 | subsequent action to enforce a
support order, upon a sufficient | ||||||
12 | showing that a diligent effort has been made
to ascertain the | ||||||
13 | location of the non-custodial parent, service of process or
| ||||||
14 | provision of notice necessary in the case may be made at the | ||||||
15 | last known
address of the non-custodial parent in any manner | ||||||
16 | expressly provided by the
Code of Civil Procedure or this Act, | ||||||
17 | which service shall be sufficient for
purposes of due process.
| ||||||
18 | (g) An order for support shall include a date on which the | ||||||
19 | current
support obligation terminates. The termination date | ||||||
20 | shall be no earlier than
the date on which the child covered by | ||||||
21 | the order will attain the age of
18. However, if the child will | ||||||
22 | not graduate from high school until after
attaining the age of | ||||||
23 | 18, then the termination date shall be no earlier than the
| ||||||
24 | earlier of the date on which the child's high school graduation | ||||||
25 | will occur or
the date on which the child will attain the age | ||||||
26 | of 19. The order for support
shall state that the termination | ||||||
27 | date does not apply to any arrearage that may
remain unpaid on | ||||||
28 | that date. Nothing in this subsection shall be construed to
| ||||||
29 | prevent the court from modifying the order or terminating the | ||||||
30 | order in the
event the child is otherwise emancipated.
| ||||||
31 | (g-5) If there is an unpaid arrearage or delinquency (as | ||||||
32 | those terms are defined in the Income Withholding for Support | ||||||
33 | Act) equal to at least one month's support obligation on the | ||||||
34 | termination date stated in the order for support or, if there | ||||||
35 | is no termination date stated in the order, on the date the | ||||||
36 | child attains the age of majority or is otherwise emancipated, |
| |||||||
| |||||||
1 | the periodic amount required to be paid for current support of | ||||||
2 | that child immediately prior to that date shall automatically | ||||||
3 | continue to be an obligation, not as current support but as | ||||||
4 | periodic payment toward satisfaction of the unpaid arrearage or | ||||||
5 | delinquency. That periodic payment shall be in addition to any | ||||||
6 | periodic payment previously required for satisfaction of the | ||||||
7 | arrearage or delinquency. The total periodic amount to be paid | ||||||
8 | toward satisfaction of the arrearage or delinquency may be | ||||||
9 | enforced and collected by any method provided by law for | ||||||
10 | enforcement and collection of child support, including but not | ||||||
11 | limited to income withholding under the Income Withholding for | ||||||
12 | Support Act. Each order for support entered or modified on or | ||||||
13 | after the effective date of this amendatory Act of the 93rd | ||||||
14 | General Assembly must contain a statement notifying the parties | ||||||
15 | of the requirements of this subsection. Failure to include the | ||||||
16 | statement in the order for support does not affect the validity | ||||||
17 | of the order or the operation of the provisions of this | ||||||
18 | subsection with regard to the order. This subsection shall not | ||||||
19 | be construed to prevent or affect the establishment or | ||||||
20 | modification of an order for support of a minor child or the | ||||||
21 | establishment or modification of an order for support of a | ||||||
22 | non-minor child or educational expenses under Section 513 of | ||||||
23 | this Act.
| ||||||
24 | (h) An order entered under this Section shall include a | ||||||
25 | provision requiring
the obligor to report to the obligee and to | ||||||
26 | the clerk of court within 10 days
each time the obligor obtains | ||||||
27 | new employment, and each time the obligor's
employment is | ||||||
28 | terminated for any reason. The report shall be in writing and
| ||||||
29 | shall, in the case of new employment, include the name and | ||||||
30 | address of the new
employer. Failure to report new employment | ||||||
31 | or the termination of current
employment, if coupled with | ||||||
32 | nonpayment of support for a period in excess of 60
days, is | ||||||
33 | indirect criminal contempt. For any obligor arrested for | ||||||
34 | failure to
report new employment bond shall be set in the | ||||||
35 | amount of the child support that
should have been paid during | ||||||
36 | the period of unreported employment. An order
entered under |
| |||||||
| |||||||
1 | this Section shall also include a provision requiring the | ||||||
2 | obligor
and obligee parents to advise each other of a change in | ||||||
3 | residence within 5 days
of the change except when the court | ||||||
4 | finds that the physical, mental, or
emotional health of a party | ||||||
5 | or that of a child, or both, would be
seriously endangered by | ||||||
6 | disclosure of the party's address.
| ||||||
7 | (i) The court does not lose the powers of contempt, | ||||||
8 | driver's license
suspension, or other child support | ||||||
9 | enforcement mechanisms, including, but
not limited to, | ||||||
10 | criminal prosecution as set forth in this Act, upon the
| ||||||
11 | emancipation of the minor child or children.
| ||||||
12 | (Source: P.A. 93-148, eff. 7-10-03; 93-1061, eff. 1-1-05; | ||||||
13 | 94-90, eff. 1-1-06.)
| ||||||
14 | Section 15. The Non-Support Punishment Act is amended by | ||||||
15 | changing Section 20 as follows:
| ||||||
16 | (750 ILCS 16/20)
| ||||||
17 | Sec. 20. Entry of order for support; income withholding.
| ||||||
18 | (a) In a case in which no court or administrative order for | ||||||
19 | support is in
effect against the defendant:
| ||||||
20 | (1) at any time before the trial, upon motion of the | ||||||
21 | State's Attorney, or
of the Attorney General if the action | ||||||
22 | has been instituted by his office, and
upon notice to the | ||||||
23 | defendant, or at the time of arraignment or as a condition
| ||||||
24 | of postponement of arraignment, the court may enter such | ||||||
25 | temporary order for
support as may seem just, providing for | ||||||
26 | the support or maintenance of the
spouse or child or | ||||||
27 | children of the defendant, or both, pendente lite; or
| ||||||
28 | (2) before trial with the consent of the defendant, or | ||||||
29 | at the trial on
entry of a plea of guilty, or after | ||||||
30 | conviction, instead of imposing the penalty
provided in | ||||||
31 | this Act, or in addition thereto, the court may enter an | ||||||
32 | order for
support, subject to modification by the court | ||||||
33 | from time to time as
circumstances may require, directing | ||||||
34 | the defendant to pay a certain sum for
maintenance of the |
| |||||||
| |||||||
1 | spouse, or for support of the child or children, or both.
| ||||||
2 | (b) The court shall determine the amount of child support | ||||||
3 | by using the
guidelines and standards set forth in subsection | ||||||
4 | (a) of Section 505 and in
Section 505.2 of the Illinois | ||||||
5 | Marriage and Dissolution of Marriage Act.
| ||||||
6 | If (i) the non-custodial parent was properly served with a | ||||||
7 | request for
discovery of financial information relating to the | ||||||
8 | non-custodial parent's
ability to provide child support, (ii) | ||||||
9 | the non-custodial parent failed to
comply with the request, | ||||||
10 | despite having been ordered to do so by the court,
and (iii) | ||||||
11 | the non-custodial parent is not present at the hearing to | ||||||
12 | determine
support despite having received proper notice, then | ||||||
13 | any relevant financial
information concerning the | ||||||
14 | non-custodial parent's ability to provide support
that was | ||||||
15 | obtained pursuant to subpoena and proper notice shall be | ||||||
16 | admitted
into evidence without the need to establish any | ||||||
17 | further foundation for its
admission.
| ||||||
18 | (c) The court shall determine the amount of maintenance | ||||||
19 | using the standards
set forth in Section 504 of the Illinois | ||||||
20 | Marriage and Dissolution of Marriage
Act.
| ||||||
21 | (d) The court may, for violation of any order under this | ||||||
22 | Section, punish the
offender as for a contempt of court, but no | ||||||
23 | pendente lite order shall remain in
effect longer than 4 | ||||||
24 | months, or after the discharge of any panel of jurors
summoned | ||||||
25 | for service thereafter in such court, whichever is sooner.
| ||||||
26 | (e) Any order for support entered by the court under this | ||||||
27 | Section shall be
deemed to be a series of judgments against the | ||||||
28 | person obligated to pay support
under the judgments, each such | ||||||
29 | judgment to be in the amount of each payment or
installment of | ||||||
30 | support and each judgment to be deemed entered as of the date
| ||||||
31 | the corresponding payment or installment becomes due under the | ||||||
32 | terms of the
support order. Each judgment shall have the full | ||||||
33 | force, effect, and attributes
of any other judgment of this | ||||||
34 | State, including the ability to be enforced.
Each judgment is | ||||||
35 | subject to modification or termination only in accordance with
| ||||||
36 | Section 510 of the Illinois Marriage and Dissolution of |
| |||||||
| |||||||
1 | Marriage Act. A lien
arises by operation of law against the | ||||||
2 | real and personal property of the
noncustodial parent for each | ||||||
3 | installment of overdue support owed by the
noncustodial parent.
| ||||||
4 | (f) An order for support entered under this Section shall | ||||||
5 | include a
provision requiring the obligor to report to the | ||||||
6 | obligee and to the clerk of
the court within 10 days each time | ||||||
7 | the obligor obtains new employment, and each
time the obligor's | ||||||
8 | employment is terminated for any reason. The report shall
be in | ||||||
9 | writing and shall, in the case of new employment, include the | ||||||
10 | name and
address of the new employer.
| ||||||
11 | Failure to report new employment or the termination of | ||||||
12 | current employment,
if coupled with nonpayment of support for a | ||||||
13 | period in excess of 60 days, is
indirect criminal contempt. For | ||||||
14 | any obligor arrested for failure to report new
employment, bond | ||||||
15 | shall be set in the amount of the child support that should
| ||||||
16 | have been paid during the period of unreported
employment.
| ||||||
17 | An order for support entered under this Section shall also | ||||||
18 | include a
provision requiring the obligor and obligee parents | ||||||
19 | to advise each other of a
change in residence within 5 days of | ||||||
20 | the change except when the court finds
that the physical, | ||||||
21 | mental, or emotional health of a party or of a minor child,
or | ||||||
22 | both, would be seriously endangered by disclosure of the | ||||||
23 | party's address.
| ||||||
24 | (g) An order for support entered or modified in a case in | ||||||
25 | which a party is
receiving child support enforcement services | ||||||
26 | under Article X of the Illinois
Public Aid Code shall include a | ||||||
27 | provision requiring the noncustodial parent to
notify the | ||||||
28 | Illinois Department of Public Aid, within 7 days, of the name | ||||||
29 | and
address of any new employer of the noncustodial parent, | ||||||
30 | whether the
noncustodial parent has access to health insurance | ||||||
31 | coverage through the
employer or other group coverage and, if | ||||||
32 | so, the policy name and number
and the names of persons covered | ||||||
33 | under the policy.
| ||||||
34 | (h) In any subsequent action to enforce an order for | ||||||
35 | support entered under
this Act, upon sufficient showing that | ||||||
36 | diligent effort has been made to
ascertain the location of the |
| |||||||
| |||||||
1 | noncustodial parent, service of process or
provision of notice | ||||||
2 | necessary in that action may be made at the last known
address | ||||||
3 | of the noncustodial parent, in any manner expressly provided by | ||||||
4 | the
Code of Civil Procedure or in this Act, which service shall | ||||||
5 | be sufficient for
purposes of due process.
| ||||||
6 | (h-5) After proper notice has been served upon the | ||||||
7 | non-custodial parent in an action to enforce a child support | ||||||
8 | order, a hearing to show cause for the non-support shall be | ||||||
9 | held within 45 days of the notice.
| ||||||
10 | (i) An order for support shall include a date on which the | ||||||
11 | current support
obligation terminates. The termination date | ||||||
12 | shall be no earlier than the date
on which the child covered by | ||||||
13 | the order will attain the age of 18. However, if
the child will | ||||||
14 | not graduate from high school until after attaining the age of
| ||||||
15 | 18, then the termination date shall be no earlier than the | ||||||
16 | earlier of the date
on which the child's high school graduation | ||||||
17 | will occur or the date on which the
child will attain the age | ||||||
18 | of 19. The order for support shall state that the
termination | ||||||
19 | date does not apply to any arrearage that may remain unpaid on | ||||||
20 | that
date. Nothing in this subsection shall be construed to | ||||||
21 | prevent the court from
modifying the order or terminating the | ||||||
22 | order in the event the child is
otherwise emancipated.
| ||||||
23 | (i-5) If there is an unpaid arrearage or delinquency (as | ||||||
24 | those terms are defined in the Income Withholding for Support | ||||||
25 | Act) equal to at least one month's support obligation on the | ||||||
26 | termination date stated in the order for support or, if there | ||||||
27 | is no termination date stated in the order, on the date the | ||||||
28 | child attains the age of majority or is otherwise emancipated, | ||||||
29 | the periodic amount required to be paid for current support of | ||||||
30 | that child immediately prior to that date shall automatically | ||||||
31 | continue to be an obligation, not as current support but as | ||||||
32 | periodic payment toward satisfaction of the unpaid arrearage or | ||||||
33 | delinquency. That periodic payment shall be in addition to any | ||||||
34 | periodic payment previously required for satisfaction of the | ||||||
35 | arrearage or delinquency. The total periodic amount to be paid | ||||||
36 | toward satisfaction of the arrearage or delinquency may be |
| |||||||
| |||||||
1 | enforced and collected by any method provided by law for | ||||||
2 | enforcement and collection of child support, including but not | ||||||
3 | limited to income withholding under the Income Withholding for | ||||||
4 | Support Act. Each order for support entered or modified on or | ||||||
5 | after the effective date of this amendatory Act of the 93rd | ||||||
6 | General Assembly must contain a statement notifying the parties | ||||||
7 | of the requirements of this subsection. Failure to include the | ||||||
8 | statement in the order for support does not affect the validity | ||||||
9 | of the order or the operation of the provisions of this | ||||||
10 | subsection with regard to the order. This subsection shall not | ||||||
11 | be construed to prevent or affect the establishment or | ||||||
12 | modification of an order for support of a minor child or the | ||||||
13 | establishment or modification of an order for support of a | ||||||
14 | non-minor child or educational expenses under Section 513 of | ||||||
15 | the Illinois Marriage and Dissolution of Marriage Act.
| ||||||
16 | (j) A support obligation, or any portion of a support | ||||||
17 | obligation, which
becomes due and remains unpaid as of the end | ||||||
18 | of each month, excluding the child support that was due for | ||||||
19 | that month to the extent that it was not paid in that month, | ||||||
20 | shall accrue simple interest
as set forth in Section 12-109 of | ||||||
21 | the Code of Civil Procedure.
An order for support entered or | ||||||
22 | modified on or after January 1, 2006 shall
contain a statement | ||||||
23 | that a support obligation required under the order, or any
| ||||||
24 | portion of a support obligation required under the order, that | ||||||
25 | becomes due and
remains unpaid as of the end of each month, | ||||||
26 | excluding the child support that was due for that month to the | ||||||
27 | extent that it was not paid in that month, shall accrue simple | ||||||
28 | interest as set forth in Section 12-109 of the Code of Civil | ||||||
29 | Procedure. Failure to include the statement in the order for | ||||||
30 | support does
not affect the validity of the order or the | ||||||
31 | accrual of interest as provided in
this Section.
| ||||||
32 | (Source: P.A. 93-1061, eff. 1-1-05; 94-90, eff. 1-1-06.)
| ||||||
33 | Section 20. The Illinois Parentage Act of 1984 is amended | ||||||
34 | by changing Section 13.1 as follows:
|
| |||||||
| |||||||
1 | (750 ILCS 45/13.1)
| ||||||
2 | Sec. 13.1. Temporary order for child support. | ||||||
3 | Notwithstanding any other
law to the contrary, pending the | ||||||
4 | outcome of a
judicial determination of parentage, the court | ||||||
5 | shall issue a temporary order
for child support, upon motion by | ||||||
6 | a party and a showing of clear and convincing
evidence of | ||||||
7 | paternity. In determining the amount of the temporary child
| ||||||
8 | support award, the court shall use the guidelines and standards | ||||||
9 | set forth in
subsection (a) of Section 505 and in Section 505.2 | ||||||
10 | of the Illinois Marriage and
Dissolution of Marriage Act.
| ||||||
11 | Any new or existing support order entered by the court | ||||||
12 | under this Section
shall be deemed to be a series of judgments | ||||||
13 | against the person obligated to pay
support
thereunder, each | ||||||
14 | such judgment to be in the amount of each payment or
| ||||||
15 | installment of support and each judgment to be deemed entered | ||||||
16 | as of the date
the corresponding payment or installment becomes | ||||||
17 | due under the terms of the
support order. Each such judgment | ||||||
18 | shall have the full
force, effect, and attributes of any other | ||||||
19 | judgment of this State, including
the ability to be enforced. | ||||||
20 | Any such judgment is subject to modification or
termination | ||||||
21 | only in accordance with Section 510 of the Illinois Marriage | ||||||
22 | and
Dissolution of Marriage Act.
A lien arises by operation of | ||||||
23 | law against the real and personal property of the
noncustodial | ||||||
24 | parent for each
installment of overdue support owed by the | ||||||
25 | noncustodial parent.
| ||||||
26 | All orders for support, when entered or modified, shall | ||||||
27 | include a provision
requiring the non-custodial parent to | ||||||
28 | notify the court, and in cases in which a
party is receiving | ||||||
29 | child support enforcement services under
Article X of the
| ||||||
30 | Illinois Public Aid Code, the Illinois Department of Public | ||||||
31 | Aid, within 7 days,
(i) of the
name, address, and telephone | ||||||
32 | number of any new employer of the non-custodial
parent, (ii) | ||||||
33 | whether the non-custodial parent has access to health
insurance | ||||||
34 | coverage through the employer or other group coverage, and, if | ||||||
35 | so,
the policy name and number and the names of persons covered | ||||||
36 | under the policy,
and (iii) of any new residential or mailing |
| |||||||
| |||||||
1 | address or telephone number
of the non-custodial parent.
| ||||||
2 | In any subsequent action to enforce a support order, upon | ||||||
3 | sufficient showing
that diligent effort has been made to | ||||||
4 | ascertain the location of the
non-custodial parent, service of | ||||||
5 | process or provision of notice necessary in
that action may be | ||||||
6 | made at the last known address of the non-custodial parent,
in | ||||||
7 | any manner expressly provided by the Code of Civil Procedure or | ||||||
8 | in this Act,
which service shall be sufficient for purposes of | ||||||
9 | due process.
| ||||||
10 | After proper notice has been served upon the non-custodial | ||||||
11 | parent in an action to enforce a child support order, a hearing | ||||||
12 | to show cause for the non-support shall be held within 45 days | ||||||
13 | of the notice.
| ||||||
14 | An order for support shall include a date on which the | ||||||
15 | current support
obligation terminates. The termination date | ||||||
16 | shall be no earlier than the date
on which the child covered by | ||||||
17 | the order will attain the age of majority or is
otherwise | ||||||
18 | emancipated. The
order for support shall state that the | ||||||
19 | termination date does not apply to any
arrearage that may | ||||||
20 | remain unpaid on that date. Nothing in this paragraph
shall be | ||||||
21 | construed to prevent the court from modifying the order.
| ||||||
22 | If there is an unpaid arrearage or delinquency (as those | ||||||
23 | terms are defined in the Income Withholding for Support Act) | ||||||
24 | equal to at least one month's support obligation on the | ||||||
25 | termination date stated in the order for support or, if there | ||||||
26 | is no termination date stated in the order, on the date the | ||||||
27 | child attains the age of majority or is otherwise emancipated, | ||||||
28 | then the periodic amount required to be paid for current | ||||||
29 | support of that child immediately prior to that date shall | ||||||
30 | automatically continue to be an obligation, not as current | ||||||
31 | support but as periodic payment toward satisfaction of the | ||||||
32 | unpaid arrearage or delinquency. That periodic payment shall be | ||||||
33 | in addition to any periodic payment previously required for | ||||||
34 | satisfaction of the arrearage or delinquency. The total | ||||||
35 | periodic amount to be paid toward satisfaction of the arrearage | ||||||
36 | or delinquency may be enforced and collected by any method |
| |||||||
| |||||||
1 | provided by law for the enforcement and collection of child | ||||||
2 | support, including but not limited to income withholding under | ||||||
3 | the Income Withholding for Support Act. Each order for support | ||||||
4 | entered or modified on or after the effective date of this | ||||||
5 | amendatory Act of the 93rd General Assembly must contain a | ||||||
6 | statement notifying the parties of the requirements of this | ||||||
7 | paragraph. Failure to include the statement in the order for | ||||||
8 | support does not affect the validity of the order or the | ||||||
9 | operation of the provisions of this paragraph with regard to | ||||||
10 | the order. This paragraph shall not be construed to prevent or | ||||||
11 | affect the establishment or modification of an order for the | ||||||
12 | support of a minor child or the establishment or modification | ||||||
13 | of an order for the support of a non-minor child or educational | ||||||
14 | expenses under Section 513 of the Illinois Marriage and | ||||||
15 | Dissolution of Marriage Act.
| ||||||
16 | (Source: P.A. 92-590, eff. 7-1-02; 93-1061, eff. 1-1-05.)
|