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1 | AN ACT in relation to child support.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Public Aid Code is amended by | |||||||||||||||||||||||
5 | changing Sections
10-7,
10-10, and 10-11 as follows:
| |||||||||||||||||||||||
6 | (305 ILCS 5/10-7) (from Ch. 23, par. 10-7)
| |||||||||||||||||||||||
7 | Sec. 10-7. Notice of support due.
| |||||||||||||||||||||||
8 | (a) When an administrative enforcement unit has determined | |||||||||||||||||||||||
9 | that a
responsible relative is financially able to contribute | |||||||||||||||||||||||
10 | to the support of an
applicant or recipient, the responsible | |||||||||||||||||||||||
11 | relative shall be notified by
mailing him a copy of the | |||||||||||||||||||||||
12 | determination by United States registered or
certified mail, | |||||||||||||||||||||||
13 | advising him of his legal obligation to make support
payments | |||||||||||||||||||||||
14 | for such period or periods of time, definite in duration or
| |||||||||||||||||||||||
15 | indefinite, as the circumstances require. The notice shall | |||||||||||||||||||||||
16 | direct payment
as provided in Section 10-8. Where applicable, | |||||||||||||||||||||||
17 | the determination and
notice may include a demand for | |||||||||||||||||||||||
18 | reimbursement for emergency aid granted an
applicant or | |||||||||||||||||||||||
19 | recipient during the period between the application and
| |||||||||||||||||||||||
20 | determination of the relative's obligation for support and for | |||||||||||||||||||||||
21 | aid granted
during any subsequent period the responsible | |||||||||||||||||||||||
22 | relative was financially able
to provide support but failed or | |||||||||||||||||||||||
23 | refused to do so.
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| |||||||
1 | (b) In the alternative, when support is sought on behalf of
| ||||||
2 | applicants
for or recipients of financial aid under Article IV | ||||||
3 | of this Act and other
persons who are given access to the child | ||||||
4 | support
enforcement services of this
Article as provided in | ||||||
5 | Section 10-1, the administrative enforcement unit shall
not be | ||||||
6 | required to send the notice and may enter an administrative | ||||||
7 | order
immediately under the provisions of Section 10-11. The | ||||||
8 | order shall be based
upon the determination made under the | ||||||
9 | provisions of Section 10-6 or, in
instances of default, upon | ||||||
10 | the needs of the persons for
whom support is sought.
In | ||||||
11 | addition to requiring payment of future support, the | ||||||
12 | administrative order
may require payment of support for a | ||||||
13 | period before the date the order is
entered. The
amount of | ||||||
14 | support to be paid for the prior period shall be determined | ||||||
15 | under the
guidelines established by the Illinois Department | ||||||
16 | pursuant to Section 10-3.
The order shall
direct payment as | ||||||
17 | provided in Section 10-10.
| ||||||
18 | Before entering an administrative order for support under | ||||||
19 | this subsection,
the
administrative enforcement unit must | ||||||
20 | determine whether a court has entered an
order
requiring the | ||||||
21 | responsible relative to contribute to the support of the
person | ||||||
22 | or persons requiring support.
If the administrative | ||||||
23 | enforcement unit determines that a court has entered such
an | ||||||
24 | order,
the unit must ensure that its order entered under this | ||||||
25 | subsection does not
require the
responsible relative to make | ||||||
26 | any payment of support that duplicates a payment
ordered by
the |
| |||||||
| |||||||
1 | court.
| ||||||
2 | (Source: P.A. 92-590, eff. 7-1-02.)
| ||||||
3 | (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
| ||||||
4 | Sec. 10-10. Court enforcement; applicability also to | ||||||
5 | persons who are
not applicants or recipients. Except where the | ||||||
6 | Illinois Department, by
agreement, acts for the local | ||||||
7 | governmental unit, as provided in Section
10-3.1, local | ||||||
8 | governmental units shall refer to the State's Attorney or
to | ||||||
9 | the proper legal representative of the governmental unit, for
| ||||||
10 | judicial enforcement as herein provided, instances of | ||||||
11 | non-support or
insufficient support when the dependents are | ||||||
12 | applicants or recipients
under Article VI. The Child and Spouse | ||||||
13 | Support Unit
established by Section 10-3.1 may institute in | ||||||
14 | behalf of the Illinois
Department any actions under this | ||||||
15 | Section for judicial enforcement of
the support liability when | ||||||
16 | the dependents are (a) applicants or
recipients under Articles | ||||||
17 | III, IV, V or VII; (b) applicants or recipients
in a local | ||||||
18 | governmental unit when the Illinois Department, by agreement,
| ||||||
19 | acts for the unit; or (c) non-applicants or non-recipients who | ||||||
20 | are
receiving child support enforcement services under this | ||||||
21 | Article X, as
provided
in Section 10-1. Where the Child and | ||||||
22 | Spouse Support Unit has exercised
its option and discretion not | ||||||
23 | to apply the provisions of Sections 10-3 through
10-8, the | ||||||
24 | failure by the Unit to apply such provisions shall not be a bar
| ||||||
25 | to bringing an action under this Section.
|
| |||||||
| |||||||
1 | Action shall be brought in the circuit court to obtain | ||||||
2 | support, or
for the recovery of aid granted during the period | ||||||
3 | such support was not
provided, or both for the obtainment of | ||||||
4 | support and the recovery of the
aid provided. Actions for the | ||||||
5 | recovery of aid may be taken separately
or they may be | ||||||
6 | consolidated with actions to obtain support. Such
actions may | ||||||
7 | be brought in the name of the person or persons requiring
| ||||||
8 | support, or may be brought in the name of the Illinois | ||||||
9 | Department or the
local governmental unit, as the case | ||||||
10 | requires, in behalf of such persons.
| ||||||
11 | The court may enter such orders for the payment of moneys | ||||||
12 | for the
support of the person as may be just and equitable and | ||||||
13 | may direct
payment thereof for such period or periods of time | ||||||
14 | as the circumstances
require, including support for a period | ||||||
15 | before the date the order for support
is entered. The order may | ||||||
16 | be entered against any or all of the defendant
responsible | ||||||
17 | relatives and may be based upon the proportionate ability of
| ||||||
18 | each to contribute to the person's support.
| ||||||
19 | Before entering an order under this Section, the court must | ||||||
20 | determine
whether
the
Department of Healthcare and Family | ||||||
21 | Services' administrative enforcement unit has entered an
| ||||||
22 | administrative
order for support under Section 10-7 or 10-11 | ||||||
23 | requiring the responsible
relative to
contribute to the support | ||||||
24 | of the person or persons requiring support. If the
court
| ||||||
25 | determines that the administrative enforcement unit has | ||||||
26 | entered such an order,
the court
must ensure that its order |
| |||||||
| |||||||
1 | entered under this Section does not require the
responsible
| ||||||
2 | relative to make any payment of support that duplicates a | ||||||
3 | payment ordered by
the administrative enforcement unit.
| ||||||
4 | The Court shall determine the amount of child support | ||||||
5 | (including child
support for a period before the date the order | ||||||
6 | for child support is entered)
by
using the
guidelines and | ||||||
7 | standards set forth in subsection (a) of Section 505 and in
| ||||||
8 | Section 505.2 of the Illinois Marriage and Dissolution of | ||||||
9 | Marriage Act.
For purposes of determining the amount of child | ||||||
10 | support to be paid for a
period before the date the order for | ||||||
11 | child support is entered, there is a
rebuttable
presumption | ||||||
12 | that the responsible relative's net income for that period was | ||||||
13 | the
same as his or her net income at the time the order is | ||||||
14 | entered.
| ||||||
15 | If (i) the responsible relative was properly served with a | ||||||
16 | request for
discovery of
financial information relating to the | ||||||
17 | responsible relative's ability to provide
child support, (ii)
| ||||||
18 | the responsible relative failed to comply with the request, | ||||||
19 | despite having been
ordered to
do so by the court, and (iii) | ||||||
20 | the responsible relative is not present at the
hearing to
| ||||||
21 | determine support despite having received proper notice, then | ||||||
22 | any relevant
financial
information concerning the responsible | ||||||
23 | relative's ability to provide child
support
that was
obtained | ||||||
24 | pursuant to subpoena and proper notice shall be admitted into | ||||||
25 | evidence
without
the need to establish any further foundation | ||||||
26 | for its admission.
|
| |||||||
| |||||||
1 | An order entered under this Section shall include a | ||||||
2 | provision requiring
the obligor to report to the obligee and to | ||||||
3 | the clerk of court within 10 days
each time the obligor obtains | ||||||
4 | new employment, and each time the obligor's
employment is | ||||||
5 | terminated for any reason.
The report shall be in writing and | ||||||
6 | shall, in the case of new employment,
include the name and | ||||||
7 | address of the new employer.
Failure to report new employment | ||||||
8 | or
the termination of current employment, if coupled with | ||||||
9 | nonpayment of support
for a period in excess of 60 days, is | ||||||
10 | indirect criminal contempt. For
any obligor arrested for | ||||||
11 | failure to report new employment bond shall be set in
the | ||||||
12 | amount of the child support that should have been paid during | ||||||
13 | the period of
unreported employment. An order entered under | ||||||
14 | this Section shall also include
a provision requiring the | ||||||
15 | obligor and obligee parents to advise each other of a
change in | ||||||
16 | residence within 5 days of the change
except when the court | ||||||
17 | finds that the physical, mental, or emotional health
of a party | ||||||
18 | or that of a minor child, or both, would be seriously | ||||||
19 | endangered by
disclosure of the party's address.
| ||||||
20 | The Court shall determine the amount of maintenance using | ||||||
21 | the standards
set forth in Section 504 of the Illinois Marriage | ||||||
22 | and Dissolution of Marriage
Act.
| ||||||
23 | Any new or existing support order entered by the court | ||||||
24 | under this
Section shall be deemed to be a series of judgments | ||||||
25 | against the person
obligated to pay support thereunder, each | ||||||
26 | such judgment to be in the amount
of each payment or |
| |||||||
| |||||||
1 | installment of support and each such judgment to be
deemed | ||||||
2 | entered as of the date the corresponding payment or installment
| ||||||
3 | becomes due under the terms of the support order. Each such | ||||||
4 | judgment shall
have the full force, effect and attributes of | ||||||
5 | any other judgment of this
State, including the ability to be | ||||||
6 | enforced. Any such judgment is subject
to modification or | ||||||
7 | termination only in accordance with Section 510 of the
Illinois | ||||||
8 | Marriage and Dissolution of Marriage Act.
A lien arises by | ||||||
9 | operation of law against the real and personal property of
the | ||||||
10 | noncustodial parent for each
installment of overdue support | ||||||
11 | owed by the noncustodial parent.
| ||||||
12 | When an order is entered for the support of a minor, the | ||||||
13 | court may
provide therein for reasonable visitation of the | ||||||
14 | minor by the person or
persons who provided support pursuant to | ||||||
15 | the order. Whoever willfully
refuses to comply with such | ||||||
16 | visitation order or willfully interferes
with its enforcement | ||||||
17 | may be declared in contempt of court and punished
therefor.
| ||||||
18 | Except where the local governmental unit has entered into | ||||||
19 | an
agreement with the Illinois Department for the Child and | ||||||
20 | Spouse Support
Unit to act for it, as provided in Section | ||||||
21 | 10-3.1, support orders
entered by the court in cases involving | ||||||
22 | applicants or recipients under
Article VI shall provide that | ||||||
23 | payments thereunder be made
directly to the local governmental | ||||||
24 | unit. Orders for the support of all
other applicants or | ||||||
25 | recipients shall provide that payments thereunder be
made | ||||||
26 | directly to the Illinois Department.
In accordance with federal |
| |||||||
| |||||||
1 | law and regulations, the Illinois Department may
continue to | ||||||
2 | collect current maintenance payments or child support | ||||||
3 | payments, or
both, after those persons cease to receive public | ||||||
4 | assistance and until
termination of services under Article X. | ||||||
5 | The Illinois Department shall pay the
net amount collected to | ||||||
6 | those persons after deducting any costs incurred in
making
the | ||||||
7 | collection or any collection fee from the amount of any | ||||||
8 | recovery made. In both cases the order shall permit the local
| ||||||
9 | governmental unit or the Illinois Department, as the case may | ||||||
10 | be, to direct
the responsible relative or relatives to make | ||||||
11 | support payments directly to
the needy person, or to some | ||||||
12 | person or agency in his behalf, upon removal
of the person from | ||||||
13 | the public aid rolls or upon termination of services under
| ||||||
14 | Article X.
| ||||||
15 | If the notice of support due issued pursuant to Section | ||||||
16 | 10-7 directs
that support payments be made directly to the | ||||||
17 | needy person, or to some
person or agency in his behalf, and | ||||||
18 | the recipient is removed from the
public aid rolls, court | ||||||
19 | action may be taken against the responsible
relative hereunder | ||||||
20 | if he fails to furnish support in accordance with the
terms of | ||||||
21 | such notice.
| ||||||
22 | Actions may also be brought under this Section in behalf of | ||||||
23 | any
person who is in need of support from responsible | ||||||
24 | relatives, as defined
in Section 2-11 of Article II who is not | ||||||
25 | an applicant for or recipient
of financial aid under this Code. | ||||||
26 | In such instances, the State's
Attorney of the county in which |
| |||||||
| |||||||
1 | such person resides shall bring action
against the responsible | ||||||
2 | relatives hereunder. If the Illinois
Department, as authorized | ||||||
3 | by Section 10-1, extends the child support
enforcement
services
| ||||||
4 | provided by this Article to spouses and dependent children who | ||||||
5 | are not
applicants or recipients under this Code, the Child and | ||||||
6 | Spouse Support
Unit established by Section 10-3.1 shall bring | ||||||
7 | action against the
responsible relatives hereunder and any | ||||||
8 | support orders entered by the
court in such cases shall provide | ||||||
9 | that payments thereunder be made
directly to the Illinois | ||||||
10 | Department.
| ||||||
11 | Whenever it is determined in a proceeding to establish or | ||||||
12 | enforce a child
support or maintenance obligation that the | ||||||
13 | person owing a duty of support
is unemployed, the court may | ||||||
14 | order the person to seek employment and report
periodically to | ||||||
15 | the court with a diary, listing or other memorandum of his
or | ||||||
16 | her efforts in accordance with such order. Additionally, the | ||||||
17 | court may
order the unemployed person to report to the | ||||||
18 | Department of Employment
Security for job search services or to | ||||||
19 | make application with the local Job
Training Partnership Act | ||||||
20 | provider for participation in job search,
training or work | ||||||
21 | programs and where the duty of support is owed to a child
| ||||||
22 | receiving child support enforcement services under this | ||||||
23 | Article X, the
court may
order the
unemployed person to report | ||||||
24 | to the Illinois Department for participation
in job search, | ||||||
25 | training or work programs established under Section 9-6 and
| ||||||
26 | Article IXA of this Code.
|
| |||||||
| |||||||
1 | Whenever it is determined that a person owes past-due | ||||||
2 | support for a child
receiving assistance under this Code, the | ||||||
3 | court shall order at the request of
the Illinois Department:
| ||||||
4 | (1) that the person pay the past-due support in | ||||||
5 | accordance with a plan
approved by the court; or
| ||||||
6 | (2) if the person owing past-due support is unemployed, | ||||||
7 | is subject to
such a plan, and is not incapacitated, that | ||||||
8 | the person participate in such job
search, training, or | ||||||
9 | work programs established under Section 9-6 and Article
IXA | ||||||
10 | of this Code as the court deems appropriate.
| ||||||
11 | A determination under this Section shall not be | ||||||
12 | administratively
reviewable by the procedures specified in | ||||||
13 | Sections 10-12, and 10-13 to
10-13.10. Any determination under | ||||||
14 | these Sections, if made the basis of
court action under this | ||||||
15 | Section, shall not affect the de novo judicial
determination | ||||||
16 | required under this Section.
| ||||||
17 | A one-time charge of 20% is imposable upon the amount of | ||||||
18 | past-due child
support owed on July 1, 1988 which has accrued | ||||||
19 | under a support order
entered by the court. The charge shall be | ||||||
20 | imposed in accordance with the
provisions of Section 10-21 of | ||||||
21 | this Code and shall be enforced by the court
upon petition.
| ||||||
22 | All orders for support, when entered or modified, shall
| ||||||
23 | include a provision requiring the non-custodial parent to | ||||||
24 | notify the court and,
in cases in which a party is receiving | ||||||
25 | child support
enforcement services under
this Article X, the | ||||||
26 | Illinois Department, within 7 days, (i) of the name,
address, |
| |||||||
| |||||||
1 | and telephone number of any new employer of the non-custodial | ||||||
2 | parent,
(ii) whether the non-custodial parent has access to | ||||||
3 | health insurance coverage
through the employer or other group | ||||||
4 | coverage and, if so, the policy name and
number and the names | ||||||
5 | of persons covered under
the policy, and (iii) of any new | ||||||
6 | residential or mailing address or telephone
number of the | ||||||
7 | non-custodial parent. In any subsequent action to enforce a
| ||||||
8 | support order, upon a sufficient showing that a diligent effort | ||||||
9 | has been made
to ascertain the location of the non-custodial | ||||||
10 | parent, service of process or
provision of notice necessary in | ||||||
11 | the case may be made at the last known
address of the | ||||||
12 | non-custodial parent in any manner expressly provided by the
| ||||||
13 | Code of Civil Procedure or this Code, which service shall be | ||||||
14 | sufficient for
purposes of due process.
| ||||||
15 | An order for support shall include a date on which the | ||||||
16 | current support
obligation terminates. The termination date | ||||||
17 | shall be no earlier than the
date on which the child covered by | ||||||
18 | the order will attain the age of
18. However, if the child will | ||||||
19 | not graduate from high school until after
attaining the age
of | ||||||
20 | 18, then the termination date shall be no earlier than the | ||||||
21 | earlier of the
date on which
the child's high school graduation | ||||||
22 | will occur or the date on which the child
will attain the
age | ||||||
23 | of 19. The order for support shall state
that the termination | ||||||
24 | date does not apply to
any arrearage that may remain unpaid on | ||||||
25 | that date. Nothing in this paragraph
shall be construed to | ||||||
26 | prevent the court from modifying the order or terminating
the |
| |||||||
| |||||||
1 | order in the event the child is otherwise emancipated.
| ||||||
2 | If there is an unpaid arrearage or delinquency (as those | ||||||
3 | terms are defined in the Income Withholding for Support Act) | ||||||
4 | equal to at least one month's support obligation on the | ||||||
5 | termination date stated in the order for support or, if there | ||||||
6 | is no termination date stated in the order, on the date the | ||||||
7 | child attains the age of majority or is otherwise emancipated, | ||||||
8 | then the periodic amount required to be paid for current | ||||||
9 | support of that child immediately prior to that date shall | ||||||
10 | automatically continue to be an obligation, not as current | ||||||
11 | support but as periodic payment toward satisfaction of the | ||||||
12 | unpaid arrearage or delinquency. That periodic payment shall be | ||||||
13 | in addition to any periodic payment previously required for | ||||||
14 | satisfaction of the arrearage or delinquency. The total | ||||||
15 | periodic amount to be paid toward satisfaction of the arrearage | ||||||
16 | or delinquency may be enforced and collected by any method | ||||||
17 | provided by law for the enforcement and collection of child | ||||||
18 | support, including but not limited to income withholding under | ||||||
19 | the Income Withholding for Support Act. Each order for support | ||||||
20 | entered or modified on or after the effective date of this | ||||||
21 | amendatory Act of the 93rd General Assembly must contain a | ||||||
22 | statement notifying the parties of the requirements of this | ||||||
23 | paragraph. Failure to include the statement in the order for | ||||||
24 | support does not affect the validity of the order or the | ||||||
25 | operation of the provisions of this paragraph with regard to | ||||||
26 | the order. This paragraph shall not be construed to prevent or |
| |||||||
| |||||||
1 | affect the establishment or modification of an order for the | ||||||
2 | support of a minor child or the establishment or modification | ||||||
3 | of an order for the support of a non-minor child or educational | ||||||
4 | expenses under Section 513 of the Illinois Marriage and | ||||||
5 | Dissolution of Marriage Act.
| ||||||
6 | Payments under this Section to the Illinois Department | ||||||
7 | pursuant to the
Child Support Enforcement Program established | ||||||
8 | by Title IV-D of the Social
Security Act shall be paid into the | ||||||
9 | Child Support Enforcement Trust Fund.
All payments under this | ||||||
10 | Section to the Illinois Department of Human
Services shall be | ||||||
11 | deposited in the DHS Recoveries
Trust Fund. Disbursements from | ||||||
12 | these funds shall be as provided in Sections
12-9.1 and 12-10.2 | ||||||
13 | of this Code. Payments received by a local
governmental unit | ||||||
14 | shall be deposited in that unit's General Assistance Fund.
| ||||||
15 | To the extent the provisions of this Section are | ||||||
16 | inconsistent with the
requirements pertaining to the State | ||||||
17 | Disbursement Unit under Sections 10-10.4
and 10-26 of this | ||||||
18 | Code, the requirements pertaining to the State Disbursement
| ||||||
19 | Unit shall apply.
| ||||||
20 | (Source: P.A. 93-1061, eff. 1-1-05; 94-88, eff. 1-1-06; revised | ||||||
21 | 8-9-05.)
| ||||||
22 | (305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
| ||||||
23 | Sec. 10-11. Administrative Orders. In lieu of actions for | ||||||
24 | court
enforcement of support under Section 10-10, the Child and | ||||||
25 | Spouse Support
Unit of the Illinois Department, in accordance |
| |||||||
| |||||||
1 | with the rules of the
Illinois Department, may issue an | ||||||
2 | administrative order requiring the
responsible relative to | ||||||
3 | comply with the terms of the determination and
notice of | ||||||
4 | support due, determined and issued under Sections 10-6 and | ||||||
5 | 10-7.
The Unit may also enter an administrative order under | ||||||
6 | subsection (b) of
Section 10-7. The administrative order shall | ||||||
7 | be served upon the
responsible relative by United States | ||||||
8 | registered or certified mail.
In cases in which the responsible | ||||||
9 | relative appeared at the office of the
Child
and Spouse Support | ||||||
10 | Unit in response to the notice of support obligation
issued | ||||||
11 | under Section 10-4, however, or in cases of default in which | ||||||
12 | the notice
was served on the responsible relative by certified | ||||||
13 | mail, return receipt
requested, or by
any
method provided by | ||||||
14 | law for service of summons, the administrative
determination of | ||||||
15 | paternity or administrative support order may be sent to the
| ||||||
16 | responsible relative by ordinary mail addressed to the | ||||||
17 | responsible relative's
last known address.
| ||||||
18 | Before entering an administrative order for support under | ||||||
19 | this Section, the
Child
and Spouse Support Unit must determine | ||||||
20 | whether a court has entered an order
requiring
the responsible | ||||||
21 | relative to contribute to the support of the person or persons
| ||||||
22 | requiring support. If the
Child and Spouse Support Unit | ||||||
23 | determines that a court has entered such an
order, the
Unit | ||||||
24 | must ensure that its order entered under this Section does not | ||||||
25 | require the
responsible
relative to make any payment of support | ||||||
26 | that duplicates a payment ordered by
the court.
|
| |||||||
| |||||||
1 | If a responsible relative or a person receiving child | ||||||
2 | support
enforcement services under this Article fails to | ||||||
3 | petition the Illinois
Department for
release from or | ||||||
4 | modification of the administrative order, as provided in
| ||||||
5 | Section 10-12 or Section 10-12.1, the order shall become final | ||||||
6 | and there
shall be no further
administrative or judicial | ||||||
7 | remedy. Likewise a decision by the Illinois
Department as a | ||||||
8 | result of an administrative hearing, as provided in
Sections | ||||||
9 | 10-13 to 10-13.10, shall become final and enforceable if not
| ||||||
10 | judicially reviewed under the Administrative Review Law, as | ||||||
11 | provided in
Section 10-14.
| ||||||
12 | Any new or existing support order entered by the Illinois | ||||||
13 | Department
under this Section shall be deemed to be a series of | ||||||
14 | judgments against the
person obligated to pay support | ||||||
15 | thereunder, each such judgment to be in the
amount of each | ||||||
16 | payment or installment of support and each such judgment to
be | ||||||
17 | deemed entered as of the date the corresponding payment or | ||||||
18 | installment
becomes due under the terms of the support order. | ||||||
19 | Each such judgment
shall have the full force, effect and | ||||||
20 | attributes of any other judgment of
this State, including the | ||||||
21 | ability to be enforced. Any such judgment is
subject to | ||||||
22 | modification or termination only in accordance with Section 510
| ||||||
23 | of the Illinois Marriage and Dissolution of Marriage Act.
A | ||||||
24 | lien arises by operation of law against the real and personal | ||||||
25 | property of
the noncustodial parent for each
installment of | ||||||
26 | overdue support owed by the noncustodial parent.
|
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| |||||||
1 | An order for support shall include a date on which the | ||||||
2 | current support obligation terminates. The termination date | ||||||
3 | shall be no earlier than the date on which the child covered by | ||||||
4 | the order will attain the age of majority or is otherwise | ||||||
5 | emancipated. The order for support shall state that the | ||||||
6 | termination date does not apply to any arrearage that may | ||||||
7 | remain unpaid on that date. Nothing in this paragraph shall be | ||||||
8 | construed to prevent modification of the order by the | ||||||
9 | Department. | ||||||
10 | If there is an unpaid arrearage or delinquency (as those | ||||||
11 | terms are defined in the Income Withholding for Support Act) | ||||||
12 | equal to at least one month's support obligation on the | ||||||
13 | termination date stated in the order for support or, if there | ||||||
14 | is no termination date stated in the order, on the date the | ||||||
15 | child attains the age of majority or is otherwise emancipated, | ||||||
16 | then the periodic amount required to be paid for current | ||||||
17 | support of that child immediately prior to that date shall | ||||||
18 | automatically continue to be an obligation, not as current | ||||||
19 | support but as periodic payment toward satisfaction of the | ||||||
20 | unpaid arrearage or delinquency. That periodic payment shall be | ||||||
21 | in addition to any periodic payment previously required for | ||||||
22 | satisfaction of the arrearage or delinquency. The total | ||||||
23 | periodic amount to be paid toward satisfaction of the arrearage | ||||||
24 | or delinquency may be enforced and collected by any method | ||||||
25 | provided by law for the enforcement and collection of child | ||||||
26 | support, including but not limited to income withholding under |
| |||||||
| |||||||
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 | An order for support shall include a date on which the | ||||||
15 | support obligation
terminates. The termination date shall be no | ||||||
16 | earlier than the date on which
the child covered by the order | ||||||
17 | will attain the age of 18. However, if the
child will not | ||||||
18 | graduate from high school until after attaining the age of 18,
| ||||||
19 | then the termination date shall be no earlier than the earlier | ||||||
20 | of the date that
the child's graduation will occur or the date | ||||||
21 | on which the child will attain
the age of 19. The order for | ||||||
22 | support shall state that the termination date
does not apply to | ||||||
23 | any arrearage that may remain unpaid on that date. Nothing
in | ||||||
24 | this paragraph shall be construed to prevent the Illinois | ||||||
25 | Department from
modifying the order or terminating the order in | ||||||
26 | the event the child is
otherwise emancipated.
|
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| |||||||
1 | (Source: P.A. 92-590, eff. 7-1-02; 92-876, eff. 6-1-03; | ||||||
2 | 93-1061, eff. 1-1-05.)
| ||||||
3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law. |