95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0321

 

Introduced 1/22/2007, by Rep. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/10-16.3   from Ch. 23, par. 10-16.3
305 ILCS 5/10-17.4   from Ch. 23, par. 10-17.4
305 ILCS 5/10-25.5
305 ILCS 5/12-12.2 new
750 ILCS 5/505   from Ch. 40, par. 505
750 ILCS 5/706.2   from Ch. 40, par. 706.2

    Amends the Illinois Public Aid Code and the Illinois Marriage and Dissolution of Marriage Act. Provides that in the case of a parent who has been delinquent in the payment of child support for a period of 3 months or longer, once the parent is no longer delinquent, the court shall require the parent to post security or a bond, or give some other guarantee, of a character and amount sufficient to assure payment of at least 2 months of child support. Provides that the posting of such security does not affect the parent's obligation to continue to make child support payments as they become due. Provides that in the case of a parent who is delinquent in the payment of child support for a period of 3 months or longer, the lien on the parent's personal property shall extend to all of the parent's lawsuit proceeds and lottery winnings, if any. Provides for the Department of Healthcare and Family Services' disclosure of the names and addresses of individuals who are delinquent in the payment of child support for a period of 3 months or longer.


LRB095 04833 DRJ 24894 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0321 LRB095 04833 DRJ 24894 b

1     AN ACT concerning child support.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Public Aid Code is amended by
5 changing Sections 10-16.3, 10-17.4, and 10-25.5 and by adding
6 Section 12-12.2 as follows:
 
7     (305 ILCS 5/10-16.3)  (from Ch. 23, par. 10-16.3)
8     Sec. 10-16.3. Posting Security, Bond or Guarantee to Secure
9 Payment. The court may require the responsible relative to
10 post security, bond or give some other guarantee of a character
11 and amount sufficient to assure payment of any amount of
12 support due. In the case of a responsible relative who has been
13 delinquent in the payment of child support under an Illinois
14 court order or administrative order for a period of 3 months or
15 longer, once the relative is no longer delinquent, the court
16 shall require the responsible relative to post security or a
17 bond, or give some other guarantee, of a character and amount
18 sufficient to assure payment of at least 2 months of child
19 support. The posting of such security does not affect the
20 responsible relative's obligation to continue to make child
21 support payments as they become due.
22 (Source: P.A. 84-758.)
 

 

 

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1     (305 ILCS 5/10-17.4)  (from Ch. 23, par. 10-17.4)
2     Sec. 10-17.4. Security, Bond or Guarantee to Secure
3 Payment. The Illinois Department may provide by rule for the
4 requiring of, or for the requesting of the court to require, a
5 responsible relative to post security, bond or give some other
6 guarantee of a character and amount sufficient to assure
7 payment of any amount due under a support order entered by a
8 court or administrative body of this or any other State on
9 behalf of resident or non-resident persons. In the case of a
10 responsible relative who has been delinquent in the payment of
11 child support under an Illinois court order or administrative
12 order for a period of 3 months or longer, the rule shall
13 provide for security in an amount as provided in Section
14 10-16.3. The rule shall provide for notice to and an
15 opportunity to be heard by each responsible relative affected
16 and any final administrative decision rendered by the
17 Department shall be reviewed only under and in accordance with
18 the Administrative Review Law.
19 (Source: P.A. 84-758.)
 
20     (305 ILCS 5/10-25.5)
21     Sec. 10-25.5. Administrative liens and levies on personal
22 property for past-due child support.
23     (a) The State shall have a lien on all legal and equitable
24 interests of responsible relatives in their personal property,
25 including any account in a financial institution as defined in

 

 

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1 Section 10-24, or in the case of an insurance company or
2 benefit association only in accounts as defined in Section
3 10-24, in the amount of past-due child support owing pursuant
4 to an order for child support entered under Sections 10-10 and
5 10-11 of this Code, or under the Illinois Marriage and
6 Dissolution of Marriage Act, the Non-Support of Spouse and
7 Children Act, the Non-Support Punishment Act, the Uniform
8 Interstate Family Support Act, or the Illinois Parentage Act of
9 1984. In the case of a responsible relative who is delinquent
10 in the payment of child support under an Illinois court order
11 or administrative order for a period of 3 months or longer, the
12 State's lien shall extend to all of the responsible relative's
13 lawsuit proceeds and lottery winnings, if any.
14     (b) The Illinois Department shall provide by rule for
15 notice to and an opportunity to be heard by each responsible
16 relative affected, and any final administrative decision
17 rendered by the Illinois Department shall be reviewed only
18 under and in accordance with the Administrative Review Law.
19     (c) When enforcing a lien under subsection (a) of this
20 Section, the Illinois Department shall have the authority to
21 execute notices of administrative liens and levies, which shall
22 contain the name and address of the responsible relative, a
23 description of the property to be levied, the fact that a lien
24 is being claimed for past-due child support, and such other
25 information as the Illinois Department may by rule prescribe.
26 The Illinois Department may serve the notice of lien or levy

 

 

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1 upon any financial institution where the accounts as defined in
2 Section 10-24 of the responsible relative may be held, for
3 encumbrance or surrender of the accounts as defined in Section
4 10-24 by the financial institution.
5     (d) The Illinois Department shall enforce its lien against
6 the responsible relative's personal property, other than
7 accounts as defined in Section 10-24 in financial institutions,
8 and levy upon such personal property in the manner provided for
9 enforcement of judgments contained in Article XII of the Code
10 of Civil Procedure.
11     (e) The Illinois Department shall not be required to
12 furnish bond or make a deposit for or pay any costs or fees of
13 any court or officer thereof in any legal proceeding involving
14 the lien.
15     (f) To protect the lien of the State for past-due child
16 support, the Illinois Department may, from funds that are
17 available for that purpose, pay or provide for the payment of
18 necessary or essential repairs, purchase tax certificates, or
19 pay or cause to be satisfied any prior liens on the property to
20 which the lien hereunder applies.
21     (g) A lien on personal property under this Section shall be
22 released in the manner provided under Article XII of the Code
23 of Civil Procedure. Notwithstanding the foregoing, a lien under
24 this Section on accounts as defined in Section 10-24 shall
25 expire upon the passage of 120 days from the date of issuance
26 of the Notice of Lien or Levy by the Illinois Department.

 

 

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1 However, the lien shall remain in effect during the pendency of
2 any appeal or protest.
3     (h) A lien created under this Section is subordinate to any
4 prior lien of the financial institution or any prior lien
5 holder or any prior right of set-off that the financial
6 institution may have against the assets, or in the case of an
7 insurance company or benefit association only in the accounts
8 as defined in Section 10-24.
9     (i) A financial institution has no obligation under this
10 Section to hold, encumber, or surrender the assets, or in the
11 case of an insurance company or benefit association only the
12 accounts as defined in Section 10-24, until the financial
13 institution has been properly served with a subpoena, summons,
14 warrant, court or administrative order, or administrative lien
15 and levy requiring that action.
16 (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)
 
17     (305 ILCS 5/12-12.2 new)
18     Sec. 12-12.2. Disclosure if 3 months delinquent in payment
19 of child support.
20     (a) The Director of Healthcare and Family Services shall
21 disclose on the Department's web site the names and addresses
22 of all responsible relatives who are delinquent in the payment
23 of child support under an Illinois court order or
24 administrative order for a period of 3 months or longer. The
25 Director also shall disclose the amount of the child support

 

 

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1 arrearage and any other information the Director deems
2 appropriate. The information disclosed under this subsection
3 shall also be available for public inspection at any of the
4 Department's offices in this State.
5     (b) At least 90 days before the disclosure under subsection
6 (a) of the name of an individual who is in arrears in his or her
7 child support obligations, the Director shall mail a written
8 notice to the individual by certified mail addressed to the
9 individual's last known address. The notice shall detail the
10 amount of the arrearage and the Department's intent to disclose
11 the arrearage. If the arrearage is not paid 60 days after the
12 notice was delivered to the individual or the Department has
13 been notified that delivery was refused, and the individual has
14 not, since the mailing of the notice, entered into a written
15 agreement with the Department for payment of the arrearage, the
16 Director shall disclose the individual's arrearage under
17 subsection (a).
18     (c) An individual in arrears in his or her child support
19 obligations under an Illinois court order or administrative
20 order is not subject to disclosure under subsection (a) if (1)
21 a written agreement for payment exists between the individual
22 and the Department or (2) the arrearage is the subject of an
23 administrative hearing, administrative review, or judicial
24 review.
25     (d) A disclosure made by the Director in a good faith
26 effort to comply with this Section may not be considered a

 

 

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1 violation of any confidentiality laws.
 
2     Section 10. The Illinois Marriage and Dissolution of
3 Marriage Act is amended by changing Sections 505 and 706.2 as
4 follows:
 
5     (750 ILCS 5/505)  (from Ch. 40, par. 505)
6     Sec. 505. Child support; contempt; penalties.
7     (a) In a proceeding for dissolution of marriage, legal
8 separation, declaration of invalidity of marriage, a
9 proceeding for child support following dissolution of the
10 marriage by a court which lacked personal jurisdiction over the
11 absent spouse, a proceeding for modification of a previous
12 order for child support under Section 510 of this Act, or any
13 proceeding authorized under Section 501 or 601 of this Act, the
14 court may order either or both parents owing a duty of support
15 to a child of the marriage to pay an amount reasonable and
16 necessary for his support, without regard to marital
17 misconduct. The duty of support owed to a child includes the
18 obligation to provide for the reasonable and necessary
19 physical, mental and emotional health needs of the child. For
20 purposes of this Section, the term "child" shall include any
21 child under age 18 and any child under age 19 who is still
22 attending high school.
23         (1) The Court shall determine the minimum amount of
24     support by using the following guidelines:

 

 

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1Number of ChildrenPercent of Supporting Party's
2Net Income
3120%
4228%
5332%
6440%
7545%
86 or more50%
9         (2) The above guidelines shall be applied in each case
10     unless the court makes a finding that application of the
11     guidelines would be inappropriate, after considering the
12     best interests of the child in light of evidence including
13     but not limited to one or more of the following relevant
14     factors:
15             (a) the financial resources and needs of the child;
16             (b) the financial resources and needs of the
17         custodial parent;
18             (c) the standard of living the child would have
19         enjoyed had the marriage not been dissolved;
20             (d) the physical and emotional condition of the
21         child, and his educational needs; and
22             (e) the financial resources and needs of the
23         non-custodial parent.
24         If the court deviates from the guidelines, the court's
25     finding shall state the amount of support that would have
26     been required under the guidelines, if determinable. The

 

 

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1     court shall include the reason or reasons for the variance
2     from the guidelines.
3         (3) "Net income" is defined as the total of all income
4     from all sources, minus the following deductions:
5             (a) Federal income tax (properly calculated
6         withholding or estimated payments);
7             (b) State income tax (properly calculated
8         withholding or estimated payments);
9             (c) Social Security (FICA payments);
10             (d) Mandatory retirement contributions required by
11         law or as a condition of employment;
12             (e) Union dues;
13             (f) Dependent and individual
14         health/hospitalization insurance premiums;
15             (g) Prior obligations of support or maintenance
16         actually paid pursuant to a court order;
17             (h) Expenditures for repayment of debts that
18         represent reasonable and necessary expenses for the
19         production of income, medical expenditures necessary
20         to preserve life or health, reasonable expenditures
21         for the benefit of the child and the other parent,
22         exclusive of gifts. The court shall reduce net income
23         in determining the minimum amount of support to be
24         ordered only for the period that such payments are due
25         and shall enter an order containing provisions for its
26         self-executing modification upon termination of such

 

 

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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

 

 

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1     income is uncertain as to source, time of payment, or
2     amount, the court may order a percentage amount of support
3     in addition to a specific dollar amount and enter such
4     other orders as may be necessary to determine and enforce,
5     on a timely basis, the applicable support ordered.
6         (6) If (i) the non-custodial parent was properly served
7     with a request for discovery of financial information
8     relating to the non-custodial parent's ability to provide
9     child support, (ii) the non-custodial parent failed to
10     comply with the request, despite having been ordered to do
11     so by the court, and (iii) the non-custodial parent is not
12     present at the hearing to determine support despite having
13     received proper notice, then any relevant financial
14     information concerning the non-custodial parent's ability
15     to provide child support that was obtained pursuant to
16     subpoena and proper notice shall be admitted into evidence
17     without the need to establish any further foundation for
18     its admission.
19     (a-5) In an action to enforce an order for support based on
20 the respondent's failure to make support payments as required
21 by the order, notice of proceedings to hold the respondent in
22 contempt for that failure may be served on the respondent by
23 personal service or by regular mail addressed to the
24 respondent's last known address. The respondent's last known
25 address may be determined from records of the clerk of the
26 court, from the Federal Case Registry of Child Support Orders,

 

 

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1 or by any other reasonable means.
2     (b) Failure of either parent to comply with an order to pay
3 support shall be punishable as in other cases of contempt. In
4 addition to other penalties provided by law the Court may,
5 after finding the parent guilty of contempt, order that the
6 parent be:
7         (1) placed on probation with such conditions of
8     probation as the Court deems advisable;
9         (2) sentenced to periodic imprisonment for a period not
10     to exceed 6 months; provided, however, that the Court may
11     permit the parent to be released for periods of time during
12     the day or night to:
13             (A) work; or
14             (B) conduct a business or other self-employed
15         occupation.
16     The Court may further order any part or all of the earnings
17 of a parent during a sentence of periodic imprisonment paid to
18 the Clerk of the Circuit Court or to the parent having custody
19 or to the guardian having custody of the children of the
20 sentenced parent for the support of said children until further
21 order of the Court.
22     If there is a unity of interest and ownership sufficient to
23 render no financial separation between a non-custodial parent
24 and another person or persons or business entity, the court may
25 pierce the ownership veil of the person, persons, or business
26 entity to discover assets of the non-custodial parent held in

 

 

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1 the name of that person, those persons, or that business
2 entity. The following circumstances are sufficient to
3 authorize a court to order discovery of the assets of a person,
4 persons, or business entity and to compel the application of
5 any discovered assets toward payment on the judgment for
6 support:
7         (1) the non-custodial parent and the person, persons,
8     or business entity maintain records together.
9         (2) the non-custodial parent and the person, persons,
10     or business entity fail to maintain an arms length
11     relationship between themselves with regard to any assets.
12         (3) the non-custodial parent transfers assets to the
13     person, persons, or business entity with the intent to
14     perpetrate a fraud on the custodial parent.
15     With respect to assets which are real property, no order
16 entered under this paragraph shall affect the rights of bona
17 fide purchasers, mortgagees, judgment creditors, or other lien
18 holders who acquire their interests in the property prior to
19 the time a notice of lis pendens pursuant to the Code of Civil
20 Procedure or a copy of the order is placed of record in the
21 office of the recorder of deeds for the county in which the
22 real property is located.
23     The court may also order in cases where the parent is 90
24 days or more delinquent in payment of support or has been
25 adjudicated in arrears in an amount equal to 90 days obligation
26 or more, that the parent's Illinois driving privileges be

 

 

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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

 

 

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1 Section 50 of that Act if the person is currently participating
2 in a work program pursuant to Section 505.1 of this Act.
3     A support obligation, or any portion of a support
4 obligation, which becomes due and remains unpaid as of the end
5 of each month, excluding the child support that was due for
6 that month to the extent that it was not paid in that month,
7 shall accrue simple interest as set forth in Section 12-109 of
8 the Code of Civil Procedure. An order for support entered or
9 modified on or after January 1, 2006 shall contain a statement
10 that a support obligation required under the order, or any
11 portion of a support obligation required under the order, that
12 becomes due and remains unpaid as of the end of each month,
13 excluding the child support that was due for that month to the
14 extent that it was not paid in that month, shall accrue simple
15 interest as set forth in Section 12-109 of the Code of Civil
16 Procedure. Failure to include the statement in the order for
17 support does not affect the validity of the order or the
18 accrual of interest as provided in this Section.
19     (c) A one-time charge of 20% is imposable upon the amount
20 of past-due child support owed on July 1, 1988 which has
21 accrued under a support order entered by the court. The charge
22 shall be imposed in accordance with the provisions of Section
23 10-21 of the Illinois Public Aid Code and shall be enforced by
24 the court upon petition.
25     (d) Any new or existing support order entered by the court
26 under this Section shall be deemed to be a series of judgments

 

 

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1 against the person obligated to pay support thereunder, each
2 such judgment to be in the amount of each payment or
3 installment of support and each such judgment to be deemed
4 entered as of the date the corresponding payment or installment
5 becomes due under the terms of the support order. Each such
6 judgment shall have the full force, effect and attributes of
7 any other judgment of this State, including the ability to be
8 enforced. A lien arises by operation of law against the real
9 and personal property of the noncustodial parent for each
10 installment of overdue support owed by the noncustodial parent.
11 In the case of a noncustodial parent who is delinquent in the
12 payment of child support under an Illinois court order for a
13 period of 3 months or longer, the lien shall extend to all of
14 the noncustodial parent's lawsuit proceeds and lottery
15 winnings, if any.
16     (e) When child support is to be paid through the clerk of
17 the court in a county of 1,000,000 inhabitants or less, the
18 order shall direct the obligor to pay to the clerk, in addition
19 to the child support payments, all fees imposed by the county
20 board under paragraph (3) of subsection (u) of Section 27.1 of
21 the Clerks of Courts Act. Unless paid in cash or pursuant to an
22 order for withholding, the payment of the fee shall be by a
23 separate instrument from the support payment and shall be made
24 to the order of the Clerk.
25     (f) All orders for support, when entered or modified, shall
26 include a provision requiring the obligor to notify the court

 

 

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1 and, in cases in which a party is receiving child and spouse
2 services under Article X of the Illinois Public Aid Code, the
3 Illinois Department of Healthcare and Family Services Public
4 Aid, within 7 days, (i) of the name and address of any new
5 employer of the obligor, (ii) whether the obligor has access to
6 health insurance coverage through the employer or other group
7 coverage and, if so, the policy name and number and the names
8 of persons covered under the policy, and (iii) of any new
9 residential or mailing address or telephone number of the
10 non-custodial parent. In any subsequent action to enforce a
11 support order, upon a sufficient showing that a diligent effort
12 has been made to ascertain the location of the non-custodial
13 parent, service of process or provision of notice necessary in
14 the case may be made at the last known address of the
15 non-custodial parent in any manner expressly provided by the
16 Code of Civil Procedure or this Act, which service shall be
17 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

 

 

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1 date does not apply to any arrearage that may remain unpaid on
2 that date. Nothing in this subsection shall be construed to
3 prevent the court from modifying the order or terminating the
4 order in the event the child is otherwise emancipated.
5     (g-5) If there is an unpaid arrearage or delinquency (as
6 those terms are defined in the Income Withholding for Support
7 Act) equal to at least one month's support obligation on the
8 termination date stated in the order for support or, if there
9 is no termination date stated in the order, on the date the
10 child attains the age of majority or is otherwise emancipated,
11 the periodic amount required to be paid for current support of
12 that child immediately prior to that date shall automatically
13 continue to be an obligation, not as current support but as
14 periodic payment toward satisfaction of the unpaid arrearage or
15 delinquency. That periodic payment shall be in addition to any
16 periodic payment previously required for satisfaction of the
17 arrearage or delinquency. The total periodic amount to be paid
18 toward satisfaction of the arrearage or delinquency may be
19 enforced and collected by any method provided by law for
20 enforcement and collection of child support, including but not
21 limited to income withholding under the Income Withholding for
22 Support Act. Each order for support entered or modified on or
23 after the effective date of this amendatory Act of the 93rd
24 General Assembly must contain a statement notifying the parties
25 of the requirements of this subsection. Failure to include the
26 statement in the order for support does not affect the validity

 

 

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1 of the order or the operation of the provisions of this
2 subsection with regard to the order. This subsection shall not
3 be construed to prevent or affect the establishment or
4 modification of an order for support of a minor child or the
5 establishment or modification of an order for support of a
6 non-minor child or educational expenses under Section 513 of
7 this Act.
8     (h) An order entered under this Section shall include a
9 provision requiring the obligor to report to the obligee and to
10 the clerk of court within 10 days each time the obligor obtains
11 new employment, and each time the obligor's employment is
12 terminated for any reason. The report shall be in writing and
13 shall, in the case of new employment, include the name and
14 address of the new employer. Failure to report new employment
15 or the termination of current employment, if coupled with
16 nonpayment of support for a period in excess of 60 days, is
17 indirect criminal contempt. For any obligor arrested for
18 failure to report new employment bond shall be set in the
19 amount of the child support that should have been paid during
20 the period of unreported employment. An order entered under
21 this Section shall also include a provision requiring the
22 obligor and obligee parents to advise each other of a change in
23 residence within 5 days of the change except when the court
24 finds that the physical, mental, or emotional health of a party
25 or that of a child, or both, would be seriously endangered by
26 disclosure of the party's address.

 

 

HB0321 - 20 - LRB095 04833 DRJ 24894 b

1     (i) The court does not lose the powers of contempt,
2 driver's license suspension, or other child support
3 enforcement mechanisms, including, but not limited to,
4 criminal prosecution as set forth in this Act, upon the
5 emancipation of the minor child or children.
6 (Source: P.A. 93-148, eff. 7-10-03; 93-1061, eff. 1-1-05;
7 94-90, eff. 1-1-06; revised 12-15-05.)
 
8     (750 ILCS 5/706.2)  (from Ch. 40, par. 706.2)
9     Sec. 706.2. Posting Security, Bond or Guarantee to Secure
10 Payment. The court may require a parent to post security, bond
11 or give some other guarantee of a character and amount
12 sufficient to assure payment of any amount of support due. In
13 the case of a parent who has been delinquent in the payment of
14 child support under an Illinois court order for a period of 3
15 months or longer, once the parent is no longer delinquent, the
16 court shall require the parent to post security or a bond, or
17 give some other guarantee, of a character and amount sufficient
18 to assure payment of at least 2 months of child support. The
19 posting of such security does not affect the parent's
20 obligation to continue to make child support payments as they
21 become due.
22 (Source: P.A. 84-758.)