Full Text of SB2690 93rd General Assembly
SB2690ren 93RD GENERAL ASSEMBLY
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| AN ACT concerning child support.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Public Aid Code is amended by | 5 |
| changing Sections 10-8.1, 10-10, and 10-11 as follows:
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| (305 ILCS 5/10-8.1)
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| 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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| 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
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| 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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| All orders for support entered or modified in a case in |
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| 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
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| or telephone number of the non-custodial parent.
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| 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.
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| An order for support shall include a date on which the | 20 |
| current support
obligation terminates. The termination date | 21 |
| shall be no earlier than the date
on which the child covered by | 22 |
| the order will attain the age of
18. However, if the child will | 23 |
| not graduate from high school until after
attaining the age
of | 24 |
| 18, then the termination date shall be no earlier than the | 25 |
| earlier of the
date on which
the child's high school graduation | 26 |
| will occur or the date on which the child
will attain the
age | 27 |
| of 19. The order for support shall state that the termination
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| date does not apply to any arrearage that may remain unpaid on | 29 |
| that date.
Nothing in this paragraph shall be construed to | 30 |
| prevent the Illinois Department
from modifying the order or | 31 |
| terminating the order in the event the child is
otherwise | 32 |
| emancipated.
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| If there is an unpaid arrearage or delinquency (as those | 34 |
| terms are defined in the Income Withholding for Support Act) | 35 |
| equal to at least one month's support obligation on the | 36 |
| termination date stated in the order for support or, if there |
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| is no termination date stated in the order, on the date the | 2 |
| child attains the age of majority or is otherwise emancipated, | 3 |
| then the periodic amount required to be paid for current | 4 |
| support of that child immediately prior to that date shall | 5 |
| automatically continue to be an obligation, not as current | 6 |
| support but as periodic payment toward satisfaction of the | 7 |
| unpaid arrearage or delinquency. That periodic payment shall be | 8 |
| in addition to any periodic payment previously required for | 9 |
| satisfaction of the arrearage or delinquency. The total | 10 |
| periodic amount to be paid toward satisfaction of the arrearage | 11 |
| or delinquency may be enforced and collected by any method | 12 |
| provided by law for the enforcement and collection of child | 13 |
| support, including but not limited to income withholding under | 14 |
| the Income Withholding for Support Act. Each order for support | 15 |
| entered or modified on or after the effective date of this | 16 |
| amendatory Act of the 93rd General Assembly must contain a | 17 |
| statement notifying the parties of the requirements of this | 18 |
| paragraph. Failure to include the statement in the order for | 19 |
| support does not affect the validity of the order or the | 20 |
| operation of the provisions of this paragraph with regard to | 21 |
| the order. This paragraph shall not be construed to prevent or | 22 |
| affect the establishment or modification of an order for the | 23 |
| support of a minor child or the establishment or modification | 24 |
| of an order for the support of a non-minor child or educational | 25 |
| expenses under Section 513 of the Illinois Marriage and | 26 |
| Dissolution of Marriage Act.
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| (Source: P.A. 92-590, eff. 7-1-02; 92-876, eff. 6-1-03; revised | 28 |
| 9-27-03.)
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| (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
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| Sec. 10-10. Court enforcement; applicability also to | 31 |
| persons who are
not applicants or recipients. Except where the | 32 |
| Illinois Department, by
agreement, acts for the local | 33 |
| governmental unit, as provided in Section
10-3.1, local | 34 |
| governmental units shall refer to the State's Attorney or
to | 35 |
| the proper legal representative of the governmental unit, for
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| judicial enforcement as herein provided, instances of | 2 |
| non-support or
insufficient support when the dependents are | 3 |
| applicants or recipients
under Article VI. The Child and Spouse | 4 |
| Support Unit
established by Section 10-3.1 may institute in | 5 |
| behalf of the Illinois
Department any actions under this | 6 |
| Section for judicial enforcement of
the support liability when | 7 |
| the dependents are (a) applicants or
recipients under Articles | 8 |
| III, IV, V or VII; (b) applicants or recipients
in a local | 9 |
| governmental unit when the Illinois Department, by agreement,
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| acts for the unit; or (c) non-applicants or non-recipients who | 11 |
| are
receiving child support enforcement services under this | 12 |
| Article X, as
provided
in Section 10-1. Where the Child and | 13 |
| Spouse Support Unit has exercised
its option and discretion not | 14 |
| to apply the provisions of Sections 10-3 through
10-8, the | 15 |
| failure by the Unit to apply such provisions shall not be a bar
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| to bringing an action under this Section.
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| Action shall be brought in the circuit court to obtain | 18 |
| support, or
for the recovery of aid granted during the period | 19 |
| such support was not
provided, or both for the obtainment of | 20 |
| support and the recovery of the
aid provided. Actions for the | 21 |
| recovery of aid may be taken separately
or they may be | 22 |
| consolidated with actions to obtain support. Such
actions may | 23 |
| be brought in the name of the person or persons requiring
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| support, or may be brought in the name of the Illinois | 25 |
| Department or the
local governmental unit, as the case | 26 |
| requires, in behalf of such persons.
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| The court may enter such orders for the payment of moneys | 28 |
| for the
support of the person as may be just and equitable and | 29 |
| may direct
payment thereof for such period or periods of time | 30 |
| as the circumstances
require, including support for a period | 31 |
| before the date the order for support
is entered. The order may | 32 |
| be entered against any or all of the defendant
responsible | 33 |
| relatives and may be based upon the proportionate ability of
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| each to contribute to the person's support.
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| The Court shall determine the amount of child support | 36 |
| (including child
support for a period before the date the order |
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| for child support is entered)
by
using the
guidelines and | 2 |
| standards set forth in subsection (a) of Section 505 and in
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| Section 505.2 of the Illinois Marriage and Dissolution of | 4 |
| Marriage Act.
For purposes of determining the amount of child | 5 |
| support to be paid for a
period before the date the order for | 6 |
| child support is entered, there is a
rebuttable
presumption | 7 |
| that the responsible relative's net income for that period was | 8 |
| the
same as his or her net income at the time the order is | 9 |
| entered.
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| If (i) the responsible relative was properly served with a | 11 |
| request for
discovery of
financial information relating to the | 12 |
| responsible relative's ability to provide
child support, (ii)
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| the responsible relative failed to comply with the request, | 14 |
| despite having been
ordered to
do so by the court, and (iii) | 15 |
| the responsible relative is not present at the
hearing to
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| determine support despite having received proper notice, then | 17 |
| any relevant
financial
information concerning the responsible | 18 |
| relative's ability to provide child
support
that was
obtained | 19 |
| pursuant to subpoena and proper notice shall be admitted into | 20 |
| evidence
without
the need to establish any further foundation | 21 |
| for its admission.
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| An order entered under this Section shall include a | 23 |
| provision requiring
the obligor to report to the obligee and to | 24 |
| the clerk of court within 10 days
each time the obligor obtains | 25 |
| new employment, and each time the obligor's
employment is | 26 |
| terminated for any reason.
The report shall be in writing and | 27 |
| shall, in the case of new employment,
include the name and | 28 |
| address of the new employer.
Failure to report new employment | 29 |
| or
the termination of current employment, if coupled with | 30 |
| nonpayment of support
for a period in excess of 60 days, is | 31 |
| indirect criminal contempt. For
any obligor arrested for | 32 |
| failure to report new employment bond shall be set in
the | 33 |
| amount of the child support that should have been paid during | 34 |
| the period of
unreported employment. An order entered under | 35 |
| this Section shall also include
a provision requiring the | 36 |
| obligor and obligee parents to advise each other of a
change in |
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| residence within 5 days of the change
except when the court | 2 |
| finds that the physical, mental, or emotional health
of a party | 3 |
| or that of a minor child, or both, would be seriously | 4 |
| endangered by
disclosure of the party's address.
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| The Court shall determine the amount of maintenance using | 6 |
| the standards
set forth in Section 504 of the Illinois Marriage | 7 |
| and Dissolution of Marriage
Act.
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| Any new or existing support order entered by the court | 9 |
| under this
Section shall be deemed to be a series of judgments | 10 |
| against the person
obligated to pay support thereunder, each | 11 |
| such judgment to be in the amount
of each payment or | 12 |
| installment of support and each such judgment to be
deemed | 13 |
| entered as of the date the corresponding payment or installment
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| becomes due under the terms of the support order. Each such | 15 |
| judgment shall
have the full force, effect and attributes of | 16 |
| any other judgment of this
State, including the ability to be | 17 |
| enforced. Any such judgment is subject
to modification or | 18 |
| termination only in accordance with Section 510 of the
Illinois | 19 |
| Marriage and Dissolution of Marriage Act.
A lien arises by | 20 |
| operation of law against the real and personal property of
the | 21 |
| noncustodial parent for each
installment of overdue support | 22 |
| owed by the noncustodial parent.
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| When an order is entered for the support of a minor, the | 24 |
| court may
provide therein for reasonable visitation of the | 25 |
| minor by the person or
persons who provided support pursuant to | 26 |
| the order. Whoever willfully
refuses to comply with such | 27 |
| visitation order or willfully interferes
with its enforcement | 28 |
| may be declared in contempt of court and punished
therefor.
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| Except where the local governmental unit has entered into | 30 |
| an
agreement with the Illinois Department for the Child and | 31 |
| Spouse Support
Unit to act for it, as provided in Section | 32 |
| 10-3.1, support orders
entered by the court in cases involving | 33 |
| applicants or recipients under
Article VI shall provide that | 34 |
| payments thereunder be made
directly to the local governmental | 35 |
| unit. Orders for the support of all
other applicants or | 36 |
| recipients shall provide that payments thereunder be
made |
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| directly to the Illinois Department.
In accordance with federal | 2 |
| law and regulations, the Illinois Department may
continue to | 3 |
| collect current maintenance payments or child support | 4 |
| payments, or
both, after those persons cease to receive public | 5 |
| assistance and until
termination of services under Article X. | 6 |
| The Illinois Department shall pay the
net amount collected to | 7 |
| those persons after deducting any costs incurred in
making
the | 8 |
| collection or any collection fee from the amount of any | 9 |
| recovery made. In both cases the order shall permit the local
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| governmental unit or the Illinois Department, as the case may | 11 |
| be, to direct
the responsible relative or relatives to make | 12 |
| support payments directly to
the needy person, or to some | 13 |
| person or agency in his behalf, upon removal
of the person from | 14 |
| the public aid rolls or upon termination of services under
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| Article X.
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| If the notice of support due issued pursuant to Section | 17 |
| 10-7 directs
that support payments be made directly to the | 18 |
| needy person, or to some
person or agency in his behalf, and | 19 |
| the recipient is removed from the
public aid rolls, court | 20 |
| action may be taken against the responsible
relative hereunder | 21 |
| if he fails to furnish support in accordance with the
terms of | 22 |
| such notice.
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| Actions may also be brought under this Section in behalf of | 24 |
| any
person who is in need of support from responsible | 25 |
| relatives, as defined
in Section 2-11 of Article II who is not | 26 |
| an applicant for or recipient
of financial aid under this Code. | 27 |
| In such instances, the State's
Attorney of the county in which | 28 |
| such person resides shall bring action
against the responsible | 29 |
| relatives hereunder. If the Illinois
Department, as authorized | 30 |
| by Section 10-1, extends the child support
enforcement
services
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| provided by this Article to spouses and dependent children who | 32 |
| are not
applicants or recipients under this Code, the Child and | 33 |
| Spouse Support
Unit established by Section 10-3.1 shall bring | 34 |
| action against the
responsible relatives hereunder and any | 35 |
| support orders entered by the
court in such cases shall provide | 36 |
| that payments thereunder be made
directly to the Illinois |
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| Department.
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| Whenever it is determined in a proceeding to establish or | 3 |
| enforce a child
support or maintenance obligation that the | 4 |
| person owing a duty of support
is unemployed, the court may | 5 |
| order the person to seek employment and report
periodically to | 6 |
| the court with a diary, listing or other memorandum of his
or | 7 |
| her efforts in accordance with such order. Additionally, the | 8 |
| court may
order the unemployed person to report to the | 9 |
| Department of Employment
Security for job search services or to | 10 |
| make application with the local Job
Training Partnership Act | 11 |
| provider for participation in job search,
training or work | 12 |
| programs and where the duty of support is owed to a child
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| receiving child support enforcement services under this | 14 |
| Article X, the
court may
order the
unemployed person to report | 15 |
| to the Illinois Department for participation
in job search, | 16 |
| training or work programs established under Section 9-6 and
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| Article IXA of this Code.
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| Whenever it is determined that a person owes past-due | 19 |
| support for a child
receiving assistance under this Code, the | 20 |
| court shall order at the request of
the Illinois Department:
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| (1) that the person pay the past-due support in | 22 |
| accordance with a plan
approved by the court; or
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| (2) if the person owing past-due support is unemployed, | 24 |
| is subject to
such a plan, and is not incapacitated, that | 25 |
| the person participate in such job
search, training, or | 26 |
| work programs established under Section 9-6 and Article
IXA | 27 |
| of this Code as the court deems appropriate.
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| A determination under this Section shall not be | 29 |
| administratively
reviewable by the procedures specified in | 30 |
| Sections 10-12, and 10-13 to
10-13.10. Any determination under | 31 |
| these Sections, if made the basis of
court action under this | 32 |
| Section, shall not affect the de novo judicial
determination | 33 |
| required under this Section.
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| A one-time charge of 20% is imposable upon the amount of | 35 |
| past-due child
support owed on July 1, 1988 which has accrued | 36 |
| under a support order
entered by the court. The charge shall be |
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| imposed in accordance with the
provisions of Section 10-21 of | 2 |
| this Code and shall be enforced by the court
upon petition.
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| All orders for support, when entered or modified, shall
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| include a provision requiring the non-custodial parent to | 5 |
| notify the court and,
in cases in which a party is receiving | 6 |
| child support
enforcement services under
this Article X, the | 7 |
| Illinois Department, within 7 days, (i) of the name,
address, | 8 |
| and telephone number of any new employer of the non-custodial | 9 |
| parent,
(ii) whether the non-custodial parent has access to | 10 |
| health insurance coverage
through the employer or other group | 11 |
| coverage and, if so, the policy name and
number and the names | 12 |
| of persons covered under
the policy, and (iii) of any new | 13 |
| residential or mailing address or telephone
number of the | 14 |
| non-custodial parent. In any subsequent action to enforce a
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| support order, upon a sufficient showing that a diligent effort | 16 |
| has been made
to ascertain the location of the non-custodial | 17 |
| parent, service of process or
provision of notice necessary in | 18 |
| the case may be made at the last known
address of the | 19 |
| non-custodial parent in any manner expressly provided by the
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| Code of Civil Procedure or this Code, which service shall be | 21 |
| sufficient for
purposes of due process.
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| An order for support shall include a date on which the | 23 |
| current support
obligation terminates. The termination date | 24 |
| shall be no earlier than the
date on which the child covered by | 25 |
| the order will attain the age of
18. However, if the child will | 26 |
| not graduate from high school until after
attaining the age
of | 27 |
| 18, then the termination date shall be no earlier than the | 28 |
| earlier of the
date on which
the child's high school graduation | 29 |
| will occur or the date on which the child
will attain the
age | 30 |
| of 19. The order for support shall state
that the termination | 31 |
| date does not apply to
any arrearage that may remain unpaid on | 32 |
| that date. Nothing in this paragraph
shall be construed to | 33 |
| prevent the court from modifying the order or terminating
the | 34 |
| order in the event the child is otherwise emancipated.
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| If there is an unpaid arrearage or delinquency (as those | 36 |
| terms are defined in the Income Withholding for Support Act) |
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| equal to at least one month's support obligation on the | 2 |
| termination date stated in the order for support or, if there | 3 |
| is no termination date stated in the order, on the date the | 4 |
| child attains the age of majority or is otherwise emancipated, | 5 |
| then the periodic amount required to be paid for current | 6 |
| support of that child immediately prior to that date shall | 7 |
| automatically continue to be an obligation, not as current | 8 |
| support but as periodic payment toward satisfaction of the | 9 |
| unpaid arrearage or delinquency. That periodic payment shall be | 10 |
| in addition to any periodic payment previously required for | 11 |
| satisfaction of the arrearage or delinquency. The total | 12 |
| periodic amount to be paid toward satisfaction of the arrearage | 13 |
| or delinquency may be enforced and collected by any method | 14 |
| provided by law for the enforcement and collection of child | 15 |
| support, including but not limited to income withholding under | 16 |
| the Income Withholding for Support Act. Each order for support | 17 |
| entered or modified on or after the effective date of this | 18 |
| amendatory Act of the 93rd General Assembly must contain a | 19 |
| statement notifying the parties of the requirements of this | 20 |
| paragraph. Failure to include the statement in the order for | 21 |
| support does not affect the validity of the order or the | 22 |
| operation of the provisions of this paragraph with regard to | 23 |
| the order. This paragraph shall not be construed to prevent or | 24 |
| affect the establishment or modification of an order for the | 25 |
| support of a minor child or the establishment or modification | 26 |
| of an order for the support of a non-minor child or educational | 27 |
| expenses under Section 513 of the Illinois Marriage and | 28 |
| Dissolution of Marriage Act.
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| Upon notification in writing or by electronic transmission | 30 |
| from the
Illinois Department to the clerk of the court that a | 31 |
| person who
is receiving support payments under this Section is | 32 |
| receiving services under
the Child Support Enforcement Program | 33 |
| established by Title IV-D of the Social
Security Act, any | 34 |
| support payments subsequently received by the clerk of the
| 35 |
| court shall be transmitted in accordance with the instructions | 36 |
| of the Illinois
Department until the Illinois
Department gives |
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| notice to the clerk of the court to cease the transmittal.
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| After providing the notification authorized under this | 3 |
| paragraph, the Illinois
Department shall be entitled as a party | 4 |
| to notice of any
further proceedings
in the case. The clerk of | 5 |
| the court shall file a copy of the Illinois
Department's | 6 |
| notification in the court file. The clerk's failure to file a
| 7 |
| copy of the notification in the court file shall not, however, | 8 |
| affect the
Illinois Department's right to receive notice of | 9 |
| further proceedings.
| 10 |
| Payments under this Section to the Illinois Department | 11 |
| pursuant to the
Child Support Enforcement Program established | 12 |
| by Title IV-D of the Social
Security Act shall be paid into the | 13 |
| Child Support Enforcement Trust Fund.
All payments under this | 14 |
| Section to the Illinois Department of Human
Services shall be | 15 |
| deposited in the DHS Recoveries
Trust Fund. Disbursements from | 16 |
| these funds shall be as provided in Sections
12-9.1 and 12-10.2 | 17 |
| of this Code. Payments received by a local
governmental unit | 18 |
| shall be deposited in that unit's General Assistance Fund.
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| To the extent the provisions of this Section are | 20 |
| inconsistent with the
requirements pertaining to the State | 21 |
| Disbursement Unit under Sections 10-10.4
and 10-26 of this | 22 |
| Code, the requirements pertaining to the State Disbursement
| 23 |
| Unit shall apply.
| 24 |
| (Source: P.A. 92-16, eff. 6-28-01; 92-590, eff. 7-1-02; 92-876, | 25 |
| eff. 6-1-03;
revised 9-27-03.)
| 26 |
| (305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
| 27 |
| Sec. 10-11. Administrative Orders. In lieu of actions for | 28 |
| court
enforcement of support under Section 10-10, the Child and | 29 |
| Spouse Support
Unit of the Illinois Department, in accordance | 30 |
| with the rules of the
Illinois Department, may issue an | 31 |
| administrative order requiring the
responsible relative to | 32 |
| comply with the terms of the determination and
notice of | 33 |
| support due, determined and issued under Sections 10-6 and | 34 |
| 10-7.
The Unit may also enter an administrative order under | 35 |
| subsection (b) of
Section 10-7. The administrative order shall |
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| be served upon the
responsible relative by United States | 2 |
| registered or certified mail.
In cases in which the responsible | 3 |
| relative appeared at the office of the
Child
and Spouse Support | 4 |
| Unit in response to the notice of support obligation
issued | 5 |
| under Section 10-4, however, or in cases of default in which | 6 |
| the notice
was served on the responsible relative by certified | 7 |
| mail, return receipt
requested, or by
any
method provided by | 8 |
| law for service of summons, the administrative
determination of | 9 |
| paternity or administrative support order may be sent to the
| 10 |
| responsible relative by ordinary mail addressed to the | 11 |
| responsible relative's
last known address.
| 12 |
| If a responsible relative or a person receiving child | 13 |
| support
enforcement services under this Article fails to | 14 |
| petition the Illinois
Department for
release from or | 15 |
| modification of the administrative order, as provided in
| 16 |
| Section 10-12 or Section 10-12.1, the order shall become final | 17 |
| and there
shall be no further
administrative or judicial | 18 |
| remedy. Likewise a decision by the Illinois
Department as a | 19 |
| result of an administrative hearing, as provided in
Sections | 20 |
| 10-13 to 10-13.10, shall become final and enforceable if not
| 21 |
| judicially reviewed under the Administrative Review Law, as | 22 |
| provided in
Section 10-14.
| 23 |
| Any new or existing support order entered by the Illinois | 24 |
| Department
under this Section shall be deemed to be a series of | 25 |
| judgments against the
person obligated to pay support | 26 |
| thereunder, each such judgment to be in the
amount of each | 27 |
| payment or installment of support and each such judgment to
be | 28 |
| deemed entered as of the date the corresponding payment or | 29 |
| installment
becomes due under the terms of the support order. | 30 |
| Each such judgment
shall have the full force, effect and | 31 |
| attributes of any other judgment of
this State, including the | 32 |
| ability to be enforced. Any such judgment is
subject to | 33 |
| modification or termination only in accordance with Section 510
| 34 |
| of the Illinois Marriage and Dissolution of Marriage Act.
A | 35 |
| lien arises by operation of law against the real and personal | 36 |
| property of
the noncustodial parent for each
installment of |
|
|
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| 1 |
| overdue support owed by the noncustodial parent.
| 2 |
| An order for support shall include a date on which the | 3 |
| current support obligation terminates. The termination date | 4 |
| shall be no earlier than the date on which the child covered by | 5 |
| the order will attain the age of majority or is otherwise | 6 |
| emancipated. The order for support shall state that the | 7 |
| termination date does not apply to any arrearage that may | 8 |
| remain unpaid on that date. Nothing in this paragraph shall be | 9 |
| construed to prevent modification of the order by the | 10 |
| Department. | 11 |
| If there is an unpaid arrearage or delinquency (as those | 12 |
| terms are defined in the Income Withholding for Support Act) | 13 |
| equal to at least one month's support obligation on the | 14 |
| termination date stated in the order for support or, if there | 15 |
| is no termination date stated in the order, on the date the | 16 |
| child attains the age of majority or is otherwise emancipated, | 17 |
| then the periodic amount required to be paid for current | 18 |
| support of that child immediately prior to that date shall | 19 |
| automatically continue to be an obligation, not as current | 20 |
| support but as periodic payment toward satisfaction of the | 21 |
| unpaid arrearage or delinquency. That periodic payment shall be | 22 |
| in addition to any periodic payment previously required for | 23 |
| satisfaction of the arrearage or delinquency. The total | 24 |
| periodic amount to be paid toward satisfaction of the arrearage | 25 |
| or delinquency may be enforced and collected by any method | 26 |
| provided by law for the enforcement and collection of child | 27 |
| support, including but not limited to income withholding under | 28 |
| the Income Withholding for Support Act. Each order for support | 29 |
| entered or modified on or after the effective date of this | 30 |
| amendatory Act of the 93rd General Assembly must contain a | 31 |
| statement notifying the parties of the requirements of this | 32 |
| paragraph. Failure to include the statement in the order for | 33 |
| support does not affect the validity of the order or the | 34 |
| operation of the provisions of this paragraph with regard to | 35 |
| the order. This paragraph shall not be construed to prevent or | 36 |
| affect the establishment or modification of an order for the |
|
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| 1 |
| support of a minor child or the establishment or modification | 2 |
| of an order for the support of a non-minor child or educational | 3 |
| expenses under Section 513 of the Illinois Marriage and | 4 |
| Dissolution of Marriage Act.
| 5 |
| An order entered under this Section shall include a | 6 |
| provision requiring
the obligor to report to the obligee and to | 7 |
| the clerk of court within 10 days
each time the obligor obtains | 8 |
| new employment, and each time the obligor's
employment is | 9 |
| terminated for any reason.
The report shall be in writing and | 10 |
| shall, in the case of new employment,
include the name and | 11 |
| address of the new employer.
Failure to report new employment | 12 |
| or
the termination of current employment, if coupled with | 13 |
| nonpayment of support
for a period in excess of 60 days, is | 14 |
| indirect criminal contempt. For
any obligor arrested for | 15 |
| failure to report new employment bond shall be set in
the | 16 |
| amount of the child support that should have been paid during | 17 |
| the period of
unreported employment. An order entered under | 18 |
| this Section shall also include
a provision requiring the | 19 |
| obligor and obligee parents to advise each other of a
change in | 20 |
| residence within 5 days of the change
except when the court | 21 |
| finds that the physical, mental, or emotional health
of a party | 22 |
| or that of a minor child, or both, would be seriously | 23 |
| endangered by
disclosure of the party's address.
| 24 |
| A one-time charge of 20% is imposable upon the amount of | 25 |
| past-due child
support owed on July 1, 1988, which has accrued | 26 |
| under a support order
entered by the Illinois Department under | 27 |
| this Section. The charge shall be
imposed in accordance with | 28 |
| the provisions of Section 10-21 and shall be
enforced by the | 29 |
| court in a suit filed under Section 10-15.
| 30 |
| An order for support shall include a date on which the | 31 |
| support obligation
terminates. The termination date shall be no | 32 |
| earlier than the date on which
the child covered by the order | 33 |
| will attain the age of 18. However, if the
child will not | 34 |
| graduate from high school until after attaining the age of 18,
| 35 |
| then the termination date shall be no earlier than the earlier | 36 |
| of the date that
the child's graduation will occur or the date |
|
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| 1 |
| on which the child will attain
the age of 19. The order for | 2 |
| support shall state that the termination date
does not apply to | 3 |
| any arrearage that may remain unpaid on that date. Nothing
in | 4 |
| this paragraph shall be construed to prevent the Illinois | 5 |
| Department from
modifying the order or terminating the order in | 6 |
| the event the child is
otherwise emancipated.
| 7 |
| (Source: P.A. 92-590, eff. 7-1-02; 92-876, eff. 6-1-03; revised | 8 |
| 9-27-03.)
| 9 |
| Section 10. The Illinois Marriage and Dissolution of | 10 |
| Marriage Act is amended by changing Section 505 as follows:
| 11 |
| (750 ILCS 5/505) (from Ch. 40, par. 505)
| 12 |
| Sec. 505. Child support; contempt; penalties.
| 13 |
| (a) In a proceeding for dissolution of marriage, legal | 14 |
| separation,
declaration of invalidity of marriage, a | 15 |
| proceeding for child support
following dissolution of the | 16 |
| marriage by a court which lacked personal
jurisdiction over the | 17 |
| absent spouse, a proceeding for modification of a
previous | 18 |
| order for child support under Section 510 of this Act, or any
| 19 |
| proceeding authorized under Section 501 or 601 of this Act, the | 20 |
| court may
order either or both parents owing a duty of support | 21 |
| to a child of the
marriage to pay an amount reasonable and | 22 |
| necessary for his support, without
regard to marital | 23 |
| misconduct. The duty of support owed to a child
includes the | 24 |
| obligation to provide for the reasonable and necessary
| 25 |
| physical, mental and emotional health needs of the child.
For | 26 |
| purposes of this Section, the term "child" shall include any | 27 |
| child under
age 18 and
any child under age 19 who is still | 28 |
| attending high school.
| 29 |
| (1) The Court shall determine the minimum amount of | 30 |
| support by using the
following guidelines:
|
|
31 | | Number of Children |
Percent of Supporting Party's |
|
32 | | |
Net Income |
|
33 | | 1 |
20% |
|
34 | | 2 |
28% |
|
|
|
|
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LRB093 16882 DRJ 42539 b |
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| 1 | | 3 |
32% |
|
2 | | 4 |
40% |
|
3 | | 5 |
45% |
|
4 | | 6 or more |
50% |
|
5 |
| (2) The above guidelines shall be applied in each case | 6 |
| unless the court
makes a finding that application of the | 7 |
| guidelines would be
inappropriate, after considering the | 8 |
| best interests of the child in light of
evidence including | 9 |
| but not limited to one or more of the following relevant
| 10 |
| factors:
| 11 |
| (a) the financial resources and needs of the child;
| 12 |
| (b) the financial resources and needs of the | 13 |
| custodial parent;
| 14 |
| (c) the standard of living the child would have | 15 |
| enjoyed had the
marriage not been dissolved;
| 16 |
| (d) the physical and emotional condition of the | 17 |
| child, and his
educational needs; and
| 18 |
| (e) the financial resources and needs of the | 19 |
| non-custodial parent.
| 20 |
| If the court deviates from the guidelines, the court's | 21 |
| finding
shall state the amount of support that would have | 22 |
| been required under the
guidelines, if determinable. The | 23 |
| court shall include the reason or reasons for
the variance | 24 |
| from the
guidelines.
| 25 |
| (3) "Net income" is defined as the total of all income | 26 |
| from all
sources, minus the following deductions:
| 27 |
| (a) Federal income tax (properly calculated | 28 |
| withholding or estimated
payments);
| 29 |
| (b) State income tax (properly calculated | 30 |
| withholding or estimated
payments);
| 31 |
| (c) Social Security (FICA payments);
| 32 |
| (d) Mandatory retirement contributions required by | 33 |
| law or as a
condition of employment;
| 34 |
| (e) Union dues;
| 35 |
| (f) Dependent and individual | 36 |
| health/hospitalization insurance premiums;
|
|
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| 1 |
| (g) Prior obligations of support or maintenance | 2 |
| actually paid pursuant
to a court order;
| 3 |
| (h) Expenditures for repayment of debts that | 4 |
| represent reasonable and
necessary expenses for the | 5 |
| production of income, medical expenditures
necessary | 6 |
| to preserve life or health, reasonable expenditures | 7 |
| for the
benefit of the child and the other parent, | 8 |
| exclusive of gifts. The court
shall reduce net income | 9 |
| in determining the minimum amount of support to be
| 10 |
| ordered only for the period that such payments are due | 11 |
| and shall enter an
order containing provisions for its | 12 |
| self-executing modification upon
termination of such | 13 |
| payment period.
| 14 |
| (4) In cases where the court order provides for
| 15 |
| health/hospitalization insurance coverage pursuant to | 16 |
| Section 505.2 of
this Act, the premiums for that insurance, | 17 |
| or that portion of the premiums
for which the supporting | 18 |
| party is responsible in the case of insurance
provided | 19 |
| through an employer's health insurance plan where
the | 20 |
| employer pays a portion of the premiums, shall be | 21 |
| subtracted
from net income in determining the minimum | 22 |
| amount of support to be ordered.
| 23 |
| (4.5) In a proceeding for child support following | 24 |
| dissolution of the
marriage by a court that lacked personal | 25 |
| jurisdiction over the absent spouse,
and in which the court | 26 |
| is requiring payment of support for the period before
the | 27 |
| date an order for current support is entered, there is a | 28 |
| rebuttable
presumption
that the supporting party's net | 29 |
| income for the prior period was the same as his
or her net | 30 |
| income at the time the order for current support is | 31 |
| entered.
| 32 |
| (5) If the net income cannot be determined because of | 33 |
| default or any
other reason, the court shall order support | 34 |
| in an amount considered
reasonable in the particular case. | 35 |
| The final order in all cases shall
state the support level | 36 |
| in dollar amounts.
However, if the
court finds that the |
|
|
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LRB093 16882 DRJ 42539 b |
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| 1 |
| child support amount cannot be expressed exclusively as a
| 2 |
| dollar amount because all or a portion of the payor's net | 3 |
| income is uncertain
as to source, time of payment, or | 4 |
| amount, the court may order a percentage
amount of support | 5 |
| in addition to a specific dollar amount and enter
such | 6 |
| other orders as may be necessary to determine and enforce, | 7 |
| on a timely
basis, the applicable support ordered.
| 8 |
| (6) If (i) the non-custodial parent was properly served | 9 |
| with a request
for
discovery of financial information | 10 |
| relating to the non-custodial parent's
ability to
provide | 11 |
| child support, (ii) the non-custodial parent failed to | 12 |
| comply with the
request,
despite having been ordered to do | 13 |
| so by the court, and (iii) the non-custodial
parent is not | 14 |
| present at the hearing to determine support despite having
| 15 |
| received
proper notice, then any relevant financial | 16 |
| information concerning the
non-custodial parent's ability | 17 |
| to provide child support that was obtained
pursuant to
| 18 |
| subpoena and proper notice shall be admitted into evidence | 19 |
| without the need to
establish any further foundation for | 20 |
| its admission.
| 21 |
| (a-5) In an action to enforce an order for support based on | 22 |
| the
respondent's failure
to make support payments as required | 23 |
| by the order, notice of proceedings to
hold the respondent in | 24 |
| contempt for that failure may be served on the
respondent by | 25 |
| personal service or by regular mail addressed to the | 26 |
| respondent's
last known address. The respondent's last known | 27 |
| address may be determined from
records of the clerk of the | 28 |
| court, from the Federal Case Registry of Child
Support Orders, | 29 |
| or by any other reasonable means.
| 30 |
| (b) Failure of either parent to comply with an order to pay | 31 |
| support shall
be punishable as in other cases of contempt. In | 32 |
| addition to other
penalties provided by law the Court may, | 33 |
| after finding the parent guilty
of contempt, order that the | 34 |
| parent be:
| 35 |
| (1) placed on probation with such conditions of | 36 |
| probation as the Court
deems advisable;
|
|
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LRB093 16882 DRJ 42539 b |
|
| 1 |
| (2) sentenced to periodic imprisonment for a period not | 2 |
| to exceed 6
months; provided, however, that the Court may | 3 |
| permit the parent to be
released for periods of time during | 4 |
| the day or night to:
| 5 |
| (A) work; or
| 6 |
| (B) conduct a business or other self-employed | 7 |
| occupation.
| 8 |
| The Court may further order any part or all of the earnings | 9 |
| of a parent
during a sentence of periodic imprisonment paid to | 10 |
| the Clerk of the Circuit
Court or to the parent having custody | 11 |
| or to the guardian having custody
of the children of the | 12 |
| sentenced parent for the support of said
children until further | 13 |
| order of the Court.
| 14 |
| If there is a unity of interest and ownership sufficient to | 15 |
| render no
financial separation between a non-custodial parent | 16 |
| and another person or
persons or business entity, the court may | 17 |
| pierce the ownership veil of the
person, persons, or business | 18 |
| entity to discover assets of the non-custodial
parent held in | 19 |
| the name of that person, those persons, or that business | 20 |
| entity.
The following circumstances are sufficient to | 21 |
| authorize a court to order
discovery of the assets of a person, | 22 |
| persons, or business entity and to compel
the application of | 23 |
| any discovered assets toward payment on the judgment for
| 24 |
| support:
| 25 |
| (1) the non-custodial parent and the person, persons, | 26 |
| or business entity
maintain records together.
| 27 |
| (2) the non-custodial parent and the person, persons, | 28 |
| or business entity
fail to maintain an arms length | 29 |
| relationship between themselves with regard to
any assets.
| 30 |
| (3) the non-custodial parent transfers assets to the | 31 |
| person, persons,
or business entity with the intent to | 32 |
| perpetrate a fraud on the custodial
parent.
| 33 |
| With respect to assets which
are real property, no order | 34 |
| entered under this paragraph shall affect the
rights of bona | 35 |
| fide purchasers, mortgagees, judgment creditors, or other lien
| 36 |
| holders who acquire their interests in the property prior to |
|
|
|
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LRB093 16882 DRJ 42539 b |
|
| 1 |
| the time a notice
of lis pendens pursuant to the Code of Civil | 2 |
| Procedure or a copy of the order
is placed of record in the | 3 |
| office of the recorder of deeds for the county in
which the | 4 |
| real property is located.
| 5 |
| The court may also order in cases where the parent is 90 | 6 |
| days or more
delinquent in payment of support or has been | 7 |
| adjudicated in arrears in an
amount equal to 90 days obligation | 8 |
| or more, that the parent's Illinois driving
privileges be | 9 |
| suspended until the court
determines that the parent is in | 10 |
| compliance with the order of support.
The court may also order | 11 |
| that the parent be issued a family financial
responsibility | 12 |
| driving permit that would allow limited driving privileges for
| 13 |
| employment and medical purposes in accordance with Section | 14 |
| 7-702.1 of the
Illinois Vehicle Code. The clerk of the circuit | 15 |
| court shall certify the order
suspending the driving privileges | 16 |
| of the parent or granting the issuance of a
family financial | 17 |
| responsibility driving permit to the Secretary of State on
| 18 |
| forms prescribed by the Secretary. Upon receipt of the | 19 |
| authenticated
documents, the Secretary of State shall suspend | 20 |
| the parent's driving privileges
until further order of the | 21 |
| court and shall, if ordered by the court, subject to
the | 22 |
| provisions of Section 7-702.1 of the Illinois Vehicle Code, | 23 |
| issue a family
financial responsibility driving permit to the | 24 |
| parent.
| 25 |
| In addition to the penalties or punishment that may be | 26 |
| imposed under this
Section, any person whose conduct | 27 |
| constitutes a violation of Section 15 of the
Non-Support | 28 |
| Punishment Act may be prosecuted under that Act, and a person
| 29 |
| convicted under that Act may be sentenced in accordance with | 30 |
| that Act. The
sentence may include but need not be limited to a | 31 |
| requirement that the person
perform community service under | 32 |
| Section 50 of that Act or participate in a work
alternative | 33 |
| program under Section 50 of that Act. A person may not be | 34 |
| required
to participate in a work alternative program under | 35 |
| Section 50 of that Act if
the person is currently participating | 36 |
| in a work program pursuant to Section
505.1 of this Act.
|
|
|
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LRB093 16882 DRJ 42539 b |
|
| 1 |
| A support obligation, or any portion of a support | 2 |
| obligation, which becomes
due and remains unpaid for 30 days or | 3 |
| more shall accrue simple interest at
the rate of 9% per annum.
| 4 |
| An order for support entered or modified on or after January 1, | 5 |
| 2002 shall
contain a statement that a support obligation | 6 |
| required under the order, or any
portion of a support | 7 |
| obligation required under the order, that becomes due and
| 8 |
| remains unpaid for 30 days or more shall accrue simple interest | 9 |
| at the rate of
9% per annum. Failure to include the statement | 10 |
| in the order for support does
not affect the validity of the | 11 |
| order or the accrual of interest as provided in
this Section.
| 12 |
| (c) A one-time charge of 20% is imposable upon the amount | 13 |
| of
past-due child support owed on July 1, 1988 which has | 14 |
| accrued under a
support order entered by the court. The charge | 15 |
| shall be imposed in
accordance with the provisions of Section | 16 |
| 10-21 of the Illinois Public Aid
Code and shall be enforced by | 17 |
| the court upon petition.
| 18 |
| (d) Any new or existing support order entered by the court
| 19 |
| under this Section shall be deemed to be a series of judgments | 20 |
| against the
person obligated to pay support thereunder, each | 21 |
| such judgment to be in the
amount of each payment or | 22 |
| installment of support and each such judgment to
be deemed | 23 |
| entered as of the date the corresponding payment or installment
| 24 |
| becomes due under the terms of the support order. Each such | 25 |
| judgment shall
have the full force, effect and attributes of | 26 |
| any other judgment of this
State, including the ability to be | 27 |
| enforced.
A lien arises by operation of law against the real | 28 |
| and personal property of
the noncustodial parent for each | 29 |
| installment of overdue support owed by the
noncustodial parent.
| 30 |
| (e) When child support is to be paid through the clerk of | 31 |
| the court in a
county of 1,000,000 inhabitants or less, the | 32 |
| order shall direct the obligor
to pay to the clerk, in addition | 33 |
| to the child support payments, all fees
imposed by the county | 34 |
| board under paragraph (3) of subsection (u) of
Section 27.1 of | 35 |
| the Clerks of Courts Act. Unless paid in cash or pursuant to
an | 36 |
| order for withholding, the payment of the fee shall be by a |
|
|
|
SB2690 Re-Enrolled |
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LRB093 16882 DRJ 42539 b |
|
| 1 |
| separate
instrument from the support payment and shall be made | 2 |
| to the order of the
Clerk.
| 3 |
| (f) All orders for support, when entered or
modified, shall | 4 |
| include a provision requiring the obligor to notify
the court | 5 |
| and, in cases in which a party is receiving child and spouse
| 6 |
| services under Article X of the Illinois Public Aid Code, the
| 7 |
| Illinois Department of Public Aid, within 7 days, (i) of the | 8 |
| name and address
of any new employer of the obligor, (ii) | 9 |
| whether the obligor has access to
health insurance coverage | 10 |
| through the employer or other group coverage and,
if so, the | 11 |
| policy name and number and the names of persons covered under
| 12 |
| the policy, and (iii) of any new residential or mailing address | 13 |
| or telephone
number of the non-custodial parent. In any | 14 |
| subsequent action to enforce a
support order, upon a sufficient | 15 |
| showing that a diligent effort has been made
to ascertain the | 16 |
| location of the non-custodial parent, service of process or
| 17 |
| provision of notice necessary in the case may be made at the | 18 |
| last known
address of the non-custodial parent in any manner | 19 |
| expressly provided by the
Code of Civil Procedure or this Act, | 20 |
| which service shall be sufficient for
purposes of due process.
| 21 |
| (g) An order for support shall include a date on which the | 22 |
| current
support obligation terminates. The termination date | 23 |
| shall be no earlier than
the date on which the child covered by | 24 |
| the order will attain the age of
18. However, if the child will | 25 |
| not graduate from high school until after
attaining the age of | 26 |
| 18, then the termination date shall be no earlier than the
| 27 |
| earlier of the date on which the child's high school graduation | 28 |
| will occur or
the date on which the child will attain the age | 29 |
| of 19. The order for support
shall state that the termination | 30 |
| date does not apply to any arrearage that may
remain unpaid on | 31 |
| that date. Nothing in this subsection shall be construed to
| 32 |
| prevent the court from modifying the order or terminating the | 33 |
| order in the
event the child is otherwise emancipated.
| 34 |
| (g-5) If there is an unpaid arrearage or delinquency (as | 35 |
| those terms are defined in the Income Withholding for Support | 36 |
| Act) equal to at least one month's support obligation on the |
|
|
|
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LRB093 16882 DRJ 42539 b |
|
| 1 |
| termination date stated in the order for support or, if there | 2 |
| is no termination date stated in the order, on the date the | 3 |
| child attains the age of majority or is otherwise emancipated, | 4 |
| the periodic amount required to be paid for current support of | 5 |
| that child immediately prior to that date shall automatically | 6 |
| continue to be an obligation, not as current support but as | 7 |
| periodic payment toward satisfaction of the unpaid arrearage or | 8 |
| delinquency. That periodic payment shall be in addition to any | 9 |
| periodic payment previously required for satisfaction of the | 10 |
| arrearage or delinquency. The total periodic amount to be paid | 11 |
| toward satisfaction of the arrearage or delinquency may be | 12 |
| enforced and collected by any method provided by law for | 13 |
| enforcement and collection of child support, including but not | 14 |
| limited to income withholding under the Income Withholding for | 15 |
| Support Act. Each order for support entered or modified on or | 16 |
| after the effective date of this amendatory Act of the 93rd | 17 |
| General Assembly must contain a statement notifying the parties | 18 |
| of the requirements of this subsection. Failure to include the | 19 |
| statement in the order for support does not affect the validity | 20 |
| of the order or the operation of the provisions of this | 21 |
| subsection with regard to the order. This subsection shall not | 22 |
| be construed to prevent or affect the establishment or | 23 |
| modification of an order for support of a minor child or the | 24 |
| establishment or modification of an order for support of a | 25 |
| non-minor child or educational expenses under Section 513 of | 26 |
| this Act.
| 27 |
| (h) An order entered under this Section shall include a | 28 |
| provision requiring
the obligor to report to the obligee and to | 29 |
| the clerk of court within 10 days
each time the obligor obtains | 30 |
| new employment, and each time the obligor's
employment is | 31 |
| terminated for any reason. The report shall be in writing and
| 32 |
| shall, in the case of new employment, include the name and | 33 |
| address of the new
employer. Failure to report new employment | 34 |
| or the termination of current
employment, if coupled with | 35 |
| nonpayment of support for a period in excess of 60
days, is | 36 |
| indirect criminal contempt. For any obligor arrested for |
|
|
|
SB2690 Re-Enrolled |
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LRB093 16882 DRJ 42539 b |
|
| 1 |
| failure to
report new employment bond shall be set in the | 2 |
| amount of the child support that
should have been paid during | 3 |
| the period of unreported employment. An order
entered under | 4 |
| this Section shall also include a provision requiring the | 5 |
| obligor
and obligee parents to advise each other of a change in | 6 |
| residence within 5 days
of the change except when the court | 7 |
| finds that the physical, mental, or
emotional health of a party | 8 |
| or that of a child, or both, would be
seriously endangered by | 9 |
| disclosure of the party's address.
| 10 |
| (i) The court does not lose the powers of contempt, | 11 |
| driver's license
suspension, or other child support | 12 |
| enforcement mechanisms, including, but
not limited to, | 13 |
| criminal prosecution as set forth in this Act, upon the
| 14 |
| emancipation of the minor child or children.
| 15 |
| (Source: P.A. 92-16, eff. 6-28-01; 92-203, eff. 8-1-01; 92-374, | 16 |
| eff.
8-15-01; 92-651, eff. 7-11-02; 92-876, eff. 6-1-03; | 17 |
| 93-148, eff. 7-10-03.)
| 18 |
| Section 15. The Non-Support Punishment Act is amended by | 19 |
| changing Section 20 as follows:
| 20 |
| (750 ILCS 16/20)
| 21 |
| Sec. 20. Entry of order for support; income withholding.
| 22 |
| (a) In a case in which no court or administrative order for | 23 |
| support is in
effect against the defendant:
| 24 |
| (1) at any time before the trial, upon motion of the | 25 |
| State's Attorney, or
of the Attorney General if the action | 26 |
| has been instituted by his office, and
upon notice to the | 27 |
| defendant, or at the time of arraignment or as a condition
| 28 |
| of postponement of arraignment, the court may enter such | 29 |
| temporary order for
support as may seem just, providing for | 30 |
| the support or maintenance of the
spouse or child or | 31 |
| children of the defendant, or both, pendente lite; or
| 32 |
| (2) before trial with the consent of the defendant, or | 33 |
| at the trial on
entry of a plea of guilty, or after | 34 |
| conviction, instead of imposing the penalty
provided in |
|
|
|
SB2690 Re-Enrolled |
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LRB093 16882 DRJ 42539 b |
|
| 1 |
| this Act, or in addition thereto, the court may enter an | 2 |
| order for
support, subject to modification by the court | 3 |
| from time to time as
circumstances may require, directing | 4 |
| the defendant to pay a certain sum for
maintenance of the | 5 |
| spouse, or for support of the child or children, or both.
| 6 |
| (b) The court shall determine the amount of child support | 7 |
| by using the
guidelines and standards set forth in subsection | 8 |
| (a) of Section 505 and in
Section 505.2 of the Illinois | 9 |
| Marriage and Dissolution of Marriage Act.
| 10 |
| If (i) the non-custodial parent was properly served with a | 11 |
| request for
discovery of financial information relating to the | 12 |
| non-custodial parent's
ability to provide child support, (ii) | 13 |
| the non-custodial parent failed to
comply with the request, | 14 |
| despite having been ordered to do so by the court,
and (iii) | 15 |
| the non-custodial parent is not present at the hearing to | 16 |
| determine
support despite having received proper notice, then | 17 |
| any relevant financial
information concerning the | 18 |
| non-custodial parent's ability to provide support
that was | 19 |
| obtained pursuant to subpoena and proper notice shall be | 20 |
| admitted
into evidence without the need to establish any | 21 |
| further foundation for its
admission.
| 22 |
| (c) The court shall determine the amount of maintenance | 23 |
| using the standards
set forth in Section 504 of the Illinois | 24 |
| Marriage and Dissolution of Marriage
Act.
| 25 |
| (d) The court may, for violation of any order under this | 26 |
| Section, punish the
offender as for a contempt of court, but no | 27 |
| pendente lite order shall remain in
effect longer than 4 | 28 |
| months, or after the discharge of any panel of jurors
summoned | 29 |
| for service thereafter in such court, whichever is sooner.
| 30 |
| (e) Any order for support entered by the court under this | 31 |
| Section shall be
deemed to be a series of judgments against the | 32 |
| person obligated to pay support
under the judgments, each such | 33 |
| judgment to be in the amount of each payment or
installment of | 34 |
| support and each judgment to be deemed entered as of the date
| 35 |
| the corresponding payment or installment becomes due under the | 36 |
| terms of the
support order. Each judgment shall have the full |
|
|
|
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LRB093 16882 DRJ 42539 b |
|
| 1 |
| force, effect, and attributes
of any other judgment of this | 2 |
| State, including the ability to be enforced.
Each judgment is | 3 |
| subject to modification or termination only in accordance with
| 4 |
| Section 510 of the Illinois Marriage and Dissolution of | 5 |
| Marriage Act. A lien
arises by operation of law against the | 6 |
| real and personal property of the
noncustodial parent for each | 7 |
| installment of overdue support owed by the
noncustodial parent.
| 8 |
| (f) An order for support entered under this Section shall | 9 |
| include a
provision requiring the obligor to report to the | 10 |
| obligee and to the clerk of
the court within 10 days each time | 11 |
| the obligor obtains new employment, and each
time the obligor's | 12 |
| employment is terminated for any reason. The report shall
be in | 13 |
| writing and shall, in the case of new employment, include the | 14 |
| name and
address of the new employer.
| 15 |
| Failure to report new employment or the termination of | 16 |
| current employment,
if coupled with nonpayment of support for a | 17 |
| period in excess of 60 days, is
indirect criminal contempt. For | 18 |
| any obligor arrested for failure to report new
employment, bond | 19 |
| shall be set in the amount of the child support that should
| 20 |
| have been paid during the period of unreported
employment.
| 21 |
| An order for support entered under this Section shall also | 22 |
| include a
provision requiring the obligor and obligee parents | 23 |
| to advise each other of a
change in residence within 5 days of | 24 |
| the change except when the court finds
that the physical, | 25 |
| mental, or emotional health of a party or of a minor child,
or | 26 |
| both, would be seriously endangered by disclosure of the | 27 |
| party's address.
| 28 |
| (g) An order for support entered or modified in a case in | 29 |
| which a party is
receiving child support enforcement services | 30 |
| under Article X of the Illinois
Public Aid Code shall include a | 31 |
| provision requiring the noncustodial parent to
notify the | 32 |
| Illinois Department of Public Aid, within 7 days, of the name | 33 |
| and
address of any new employer of the noncustodial parent, | 34 |
| whether the
noncustodial parent has access to health insurance | 35 |
| coverage through the
employer or other group coverage and, if | 36 |
| so, the policy name and number
and the names of persons covered |
|
|
|
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LRB093 16882 DRJ 42539 b |
|
| 1 |
| under the policy.
| 2 |
| (h) In any subsequent action to enforce an order for | 3 |
| support entered under
this Act, upon sufficient showing that | 4 |
| diligent effort has been made to
ascertain the location of the | 5 |
| noncustodial parent, service of process or
provision of notice | 6 |
| necessary in that action may be made at the last known
address | 7 |
| of the noncustodial parent, in any manner expressly provided by | 8 |
| the
Code of Civil Procedure or in this Act, which service shall | 9 |
| be sufficient for
purposes of due process.
| 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 |
|
|
|
SB2690 Re-Enrolled |
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LRB093 16882 DRJ 42539 b |
|
| 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 for 30 days or | 18 |
| more shall accrue simple interest
at the rate of 9% per annum.
| 19 |
| An order for support entered or modified on or after January 1, | 20 |
| 2002 shall
contain a statement that a support obligation | 21 |
| required under the order, or any
portion of a support | 22 |
| obligation required under the order, that becomes due and
| 23 |
| remains unpaid for 30 days or more shall accrue simple interest | 24 |
| at the rate of
9% per annum. Failure to include the statement | 25 |
| in the order for support does
not affect the validity of the | 26 |
| order or the accrual of interest as provided in
this Section.
| 27 |
| (Source: P.A. 92-374, eff. 8-15-01; 92-590, eff. 7-1-02; | 28 |
| 92-876, eff. 6-1-03;
revised 9-27-03.)
| 29 |
| Section 20. The Income Withholding for Support Act is | 30 |
| amended by adding Section 32 as follows: | 31 |
| (750 ILCS 28/32 new) | 32 |
| Sec. 32. Unpaid arrearage or delinquency after current | 33 |
| support obligation terminates. | 34 |
| (a) When current support terminates on the date stated in |
|
|
|
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LRB093 16882 DRJ 42539 b |
|
| 1 |
| the order for support, or because the child attains the age of | 2 |
| majority or is otherwise emancipated, and the amount previously | 3 |
| required to be paid for current support of that child | 4 |
| automatically continues as an obligation for periodic payment | 5 |
| toward satisfaction of unpaid arrearage or delinquency as | 6 |
| provided for by law, the obligee or public office may prepare | 7 |
| and serve upon the obligor's payor an income withholding notice | 8 |
| that: | 9 |
| (1) contains the information required under subsection | 10 |
| (c) of Section 20; and | 11 |
| (2) contains the total amount of the unpaid arrearage | 12 |
| or delinquency as of the date of the notice; and | 13 |
| (3) directs the payor to withhold, as a periodic | 14 |
| payment toward satisfaction of the unpaid arrearage or | 15 |
| delinquency, the total of: | 16 |
| (A) the periodic amount required to be paid as | 17 |
| current support immediately prior to the date the | 18 |
| current support obligation terminated under the order, | 19 |
| or by the child becoming emancipated by age or | 20 |
| otherwise, and | 21 |
| (B) any periodic amount previously required for | 22 |
| satisfaction of the arrearage or delinquency. | 23 |
| (b) The income withholding notice and the obligor's copy of | 24 |
| the income withholding notice shall be served as provided in | 25 |
| subsection (g) of Section 20. | 26 |
| (c) The obligor may contest withholding commenced under | 27 |
| this Section by filing a petition to contest withholding with | 28 |
| the Clerk of the Circuit Court within 20 days after service of | 29 |
| a copy of the income withholding notice on the obligor. The | 30 |
| grounds for the petition to contest withholding shall be | 31 |
| limited to:
| 32 |
| (1) a dispute concerning the existence or amount of the | 33 |
| unpaid arrearage or delinquency; or | 34 |
| (2) the accuracy of the periodic amount required to be | 35 |
| withheld for payments of the unpaid arrearage or | 36 |
| delinquency under the income withholding notice; or |
|
|
|
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LRB093 16882 DRJ 42539 b |
|
| 1 |
| (3) the identity of the obligor.
| 2 |
| The Clerk of the Circuit Court shall notify the obligor and | 3 |
| the obligee or public office of the time and place of the | 4 |
| hearing on the petition to contest withholding. The court shall | 5 |
| hold the hearing pursuant to the provisions of Section 40.
| 6 |
| Section 25. The Illinois Parentage Act of 1984 is amended | 7 |
| by changing Sections 13.1 and 14 as follows:
| 8 |
| (750 ILCS 45/13.1)
| 9 |
| Sec. 13.1. Temporary order for child support. | 10 |
| Notwithstanding any other
law to the contrary, pending the | 11 |
| outcome of a
judicial determination of parentage, the court | 12 |
| shall issue a temporary order
for child support, upon motion by | 13 |
| a party and a showing of clear and convincing
evidence of | 14 |
| paternity. In determining the amount of the temporary child
| 15 |
| support award, the court shall use the guidelines and standards | 16 |
| set forth in
subsection (a) of Section 505 and in Section 505.2 | 17 |
| of the Illinois Marriage and
Dissolution of Marriage Act.
| 18 |
| Any new or existing support order entered by the court | 19 |
| under this Section
shall be deemed to be a series of judgments | 20 |
| against the person obligated to pay
support
thereunder, each | 21 |
| such judgment to be in the amount of each payment or
| 22 |
| installment of support and each judgment to be deemed entered | 23 |
| as of the date
the corresponding payment or installment becomes | 24 |
| due under the terms of the
support order. Each such judgment | 25 |
| shall have the full
force, effect, and attributes of any other | 26 |
| judgment of this State, including
the ability to be enforced. | 27 |
| Any such judgment is subject to modification or
termination | 28 |
| only in accordance with Section 510 of the Illinois Marriage | 29 |
| and
Dissolution of Marriage Act.
A lien arises by operation of | 30 |
| law against the real and personal property of the
noncustodial | 31 |
| parent for each
installment of overdue support owed by the | 32 |
| noncustodial parent.
| 33 |
| All orders for support, when entered or modified, shall | 34 |
| include a provision
requiring the non-custodial parent to |
|
|
|
SB2690 Re-Enrolled |
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LRB093 16882 DRJ 42539 b |
|
| 1 |
| notify the court, and in cases in which a
party is receiving | 2 |
| child support enforcement services under
Article X of the
| 3 |
| Illinois Public Aid Code, the Illinois Department of Public | 4 |
| Aid, within 7 days,
(i) of the
name, address, and telephone | 5 |
| number of any new employer of the non-custodial
parent, (ii) | 6 |
| whether the non-custodial parent has access to health
insurance | 7 |
| coverage through the employer or other group coverage, and, if | 8 |
| so,
the policy name and number and the names of persons covered | 9 |
| under the policy,
and (iii) of any new residential or mailing | 10 |
| address 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 |
| in this Act,
which service shall be sufficient for purposes of | 18 |
| due process.
| 19 |
| An order for support shall include a date on which the | 20 |
| current support
obligation terminates. The termination date | 21 |
| shall be no earlier than the date
on which the child covered by | 22 |
| the order will attain the age of majority or is
otherwise | 23 |
| emancipated. The
order for support shall state that the | 24 |
| termination date does not apply to any
arrearage that may | 25 |
| remain unpaid on that date. Nothing in this paragraph
shall be | 26 |
| construed to prevent the court from modifying the order.
| 27 |
| If there is an unpaid arrearage or delinquency (as those | 28 |
| terms are defined in the Income Withholding for Support Act) | 29 |
| equal to at least one month's support obligation on the | 30 |
| termination date stated in the order for support or, if there | 31 |
| is no termination date stated in the order, on the date the | 32 |
| child attains the age of majority or is otherwise emancipated, | 33 |
| then the periodic amount required to be paid for current | 34 |
| support of that child immediately prior to that date shall | 35 |
| automatically continue to be an obligation, not as current | 36 |
| support but as periodic payment toward satisfaction of the |
|
|
|
SB2690 Re-Enrolled |
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LRB093 16882 DRJ 42539 b |
|
| 1 |
| unpaid arrearage or delinquency. That periodic payment shall be | 2 |
| in addition to any periodic payment previously required for | 3 |
| satisfaction of the arrearage or delinquency. The total | 4 |
| periodic amount to be paid toward satisfaction of the arrearage | 5 |
| or delinquency may be enforced and collected by any method | 6 |
| provided by law for the enforcement and collection of child | 7 |
| support, including but not limited to income withholding under | 8 |
| the Income Withholding for Support Act. Each order for support | 9 |
| entered or modified on or after the effective date of this | 10 |
| amendatory Act of the 93rd General Assembly must contain a | 11 |
| statement notifying the parties of the requirements of this | 12 |
| paragraph. Failure to include the statement in the order for | 13 |
| support does not affect the validity of the order or the | 14 |
| operation of the provisions of this paragraph with regard to | 15 |
| the order. This paragraph shall not be construed to prevent or | 16 |
| affect the establishment or modification of an order for the | 17 |
| support of a minor child or the establishment or modification | 18 |
| of an order for the support of a non-minor child or educational | 19 |
| expenses under Section 513 of the Illinois Marriage and | 20 |
| Dissolution of Marriage Act.
| 21 |
| (Source: P.A. 92-590, eff. 7-1-02.)
| 22 |
| (750 ILCS 45/14) (from Ch. 40, par. 2514)
| 23 |
| Sec. 14. Judgment.
| 24 |
| (a) (1) The judgment shall contain or explicitly reserve
| 25 |
| provisions concerning any duty and amount of child support
and | 26 |
| may contain provisions concerning the custody and
guardianship | 27 |
| of the child, visitation privileges with the child, the
| 28 |
| furnishing of bond or other security for the payment of the | 29 |
| judgment,
which the court shall determine in accordance with | 30 |
| the relevant factors
set forth in the Illinois Marriage and | 31 |
| Dissolution of Marriage
Act and any other applicable law of | 32 |
| Illinois,
to guide the court in a finding in the best interests | 33 |
| of the child.
In determining custody, joint custody, removal, | 34 |
| or visitation, the court
shall apply
the relevant standards of | 35 |
| the Illinois Marriage and Dissolution of Marriage
Act, |
|
|
|
SB2690 Re-Enrolled |
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LRB093 16882 DRJ 42539 b |
|
| 1 |
| including Section 609. Specifically, in determining the amount | 2 |
| of any
child support award, the
court shall use the guidelines | 3 |
| and standards set forth in subsection (a) of
Section 505 and in | 4 |
| Section 505.2 of the Illinois Marriage and Dissolution of
| 5 |
| Marriage Act. For purposes of Section
505 of the Illinois | 6 |
| Marriage and Dissolution of Marriage Act,
"net income" of the | 7 |
| non-custodial parent shall include any benefits
available to | 8 |
| that person under the Illinois Public Aid Code or from other
| 9 |
| federal, State or local government-funded programs. The court | 10 |
| shall, in
any event and regardless of the amount of the | 11 |
| non-custodial parent's net
income, in its judgment order the | 12 |
| non-custodial parent to pay child support
to the custodial | 13 |
| parent in a minimum amount of not less than $10 per month.
In | 14 |
| an action brought within 2 years after a child's birth, the | 15 |
| judgment or
order may direct either parent to pay the | 16 |
| reasonable expenses incurred by
either parent related to the | 17 |
| mother's pregnancy and the delivery of the
child. The judgment | 18 |
| or order shall contain the father's social security number,
| 19 |
| which the father shall disclose to the court; however, failure | 20 |
| to include the
father's social security number on the judgment | 21 |
| or order does not invalidate
the judgment or order.
| 22 |
| (2) If a judgment of parentage contains no explicit award | 23 |
| of custody,
the establishment of a support obligation or of | 24 |
| visitation rights in one
parent shall be considered a judgment | 25 |
| granting custody to the other parent.
If the parentage judgment | 26 |
| contains no such provisions, custody shall be
presumed to be | 27 |
| with the mother;
however, the presumption shall not apply if | 28 |
| the father has had
physical custody for at least 6
months prior | 29 |
| to the date that the mother seeks to enforce custodial rights.
| 30 |
| (b) The court shall order all child support payments, | 31 |
| determined in
accordance with such guidelines, to commence with | 32 |
| the date summons is
served. The level of current periodic | 33 |
| support payments shall not be
reduced because of payments set | 34 |
| for the period prior to the date of entry
of the support order. | 35 |
| The Court may order any child support payments to be
made for a
| 36 |
| period prior to the commencement of the action.
In determining |
|
|
|
SB2690 Re-Enrolled |
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LRB093 16882 DRJ 42539 b |
|
| 1 |
| whether and the extent to which the
payments shall be made for | 2 |
| any prior period, the court shall consider all
relevant facts, | 3 |
| including the factors for determining the amount of support
| 4 |
| specified in the Illinois Marriage and Dissolution of Marriage
| 5 |
| Act and other equitable factors
including but not limited to:
| 6 |
| (1) The father's prior knowledge of the fact and | 7 |
| circumstances of the
child's birth.
| 8 |
| (2) The father's prior willingness or refusal to help | 9 |
| raise or
support the child.
| 10 |
| (3) The extent to which the mother or the public agency | 11 |
| bringing the
action previously informed the father of the | 12 |
| child's needs or attempted
to seek or require his help in | 13 |
| raising or supporting the child.
| 14 |
| (4) The reasons the mother or the public agency did not | 15 |
| file the
action earlier.
| 16 |
| (5) The extent to which the father would be prejudiced | 17 |
| by the delay in
bringing the action.
| 18 |
| For purposes of determining the amount of child support to | 19 |
| be paid for any
period before the date the order for current | 20 |
| child support is entered, there is
a
rebuttable presumption | 21 |
| that the father's net income for the prior period was
the same | 22 |
| as his net income at the time the order for current child | 23 |
| support is
entered.
| 24 |
| If (i) the non-custodial parent was properly served with a | 25 |
| request for
discovery of
financial information relating to the | 26 |
| non-custodial parent's ability to provide
child support, (ii)
| 27 |
| the non-custodial parent failed to comply with the request, | 28 |
| despite having been
ordered to
do so by the court, and (iii) | 29 |
| the non-custodial parent is not present at the
hearing to
| 30 |
| determine support despite having received proper notice, then | 31 |
| any relevant
financial
information concerning the | 32 |
| non-custodial parent's ability to provide child
support
that | 33 |
| was
obtained pursuant to subpoena and proper notice shall be | 34 |
| admitted into evidence
without
the need to establish any | 35 |
| further foundation for its admission.
| 36 |
| (c) Any new or existing support order entered by the court |
|
|
|
SB2690 Re-Enrolled |
- 35 - |
LRB093 16882 DRJ 42539 b |
|
| 1 |
| under this
Section shall be deemed to be a series of judgments
| 2 |
| against the person obligated to pay support thereunder, each | 3 |
| judgment
to be in the amount of each payment or installment of | 4 |
| support and each such
judgment to be deemed entered as of the | 5 |
| date the corresponding payment or
installment becomes due under | 6 |
| the terms of the support order. Each
judgment shall have the | 7 |
| full force, effect and attributes of any other
judgment of this | 8 |
| State, including the ability to be enforced.
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 |
| (d) If the judgment or order of the court is at variance | 13 |
| with the child's
birth certificate, the court shall order that | 14 |
| a new birth certificate be
issued under the Vital Records Act.
| 15 |
| (e) On request of the mother and the father, the court | 16 |
| shall order a
change in the child's name. After hearing | 17 |
| evidence the court may stay
payment of support during the | 18 |
| period of the father's minority or period of
disability.
| 19 |
| (f) If, upon a showing of proper service, the father fails | 20 |
| to appear in
court, or
otherwise appear as provided by law, the | 21 |
| court may proceed to hear the
cause upon testimony of the | 22 |
| mother or other parties taken in open court and
shall enter a | 23 |
| judgment by default. The court may reserve any order as to
the | 24 |
| amount of child support until the father has received notice, | 25 |
| by
regular mail, of a hearing on the matter.
| 26 |
| (g) A one-time charge of 20% is imposable upon the amount | 27 |
| of past-due
child support owed on July 1, 1988 which has | 28 |
| accrued under a support order
entered by the court. The charge | 29 |
| shall be imposed in accordance with the
provisions of Section | 30 |
| 10-21 of the Illinois Public Aid Code and shall be
enforced by | 31 |
| the court upon petition.
| 32 |
| (h) All orders for support, when entered or
modified, shall | 33 |
| include a provision requiring the non-custodial parent
to
| 34 |
| notify the court and, in cases in which party is receiving | 35 |
| child
support enforcement services under Article X of the | 36 |
| Illinois Public Aid Code,
the
Illinois Department of Public |
|
|
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| 1 |
| Aid, within 7 days, (i) of the name and
address of any new | 2 |
| employer of the non-custodial parent, (ii) whether the
| 3 |
| non-custodial
parent has access to health insurance coverage | 4 |
| through the employer or other
group coverage and, if so, the | 5 |
| policy name and number and the names of
persons
covered under | 6 |
| the policy, and (iii) of any new residential or mailing address
| 7 |
| or telephone
number of the non-custodial parent. In any | 8 |
| subsequent action to enforce a
support order, upon a sufficient | 9 |
| showing that a diligent effort has been made
to ascertain the | 10 |
| location of the non-custodial parent, service of process or
| 11 |
| provision of notice necessary in the case may be made at the | 12 |
| last known
address of the non-custodial parent in any manner | 13 |
| expressly provided by the
Code of Civil Procedure or this Act, | 14 |
| which service shall be sufficient for
purposes of due process.
| 15 |
| (i) 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 subsection shall be construed to | 26 |
| prevent the court
from modifying the order
or terminating the | 27 |
| order in the event the child is otherwise emancipated.
| 28 |
| (i-5) If there is an unpaid arrearage or delinquency (as | 29 |
| those terms are defined in the Income Withholding for Support | 30 |
| Act) equal to at least one month's support obligation on the | 31 |
| termination date stated in the order for support or, if there | 32 |
| is no termination date stated in the order, on the date the | 33 |
| child attains the age of majority or is otherwise emancipated, | 34 |
| the periodic amount required to be paid for current support of | 35 |
| that child immediately prior to that date shall automatically | 36 |
| continue to be an obligation, not as current support but as |
|
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| 1 |
| periodic payment toward satisfaction of the unpaid arrearage or | 2 |
| delinquency. That periodic payment shall be in addition to any | 3 |
| periodic payment previously required for satisfaction of the | 4 |
| arrearage or delinquency. The total periodic amount to be paid | 5 |
| toward satisfaction of the arrearage or delinquency may be | 6 |
| enforced and collected by any method provided by law for | 7 |
| enforcement and collection of child support, including but not | 8 |
| limited to income withholding under the Income Withholding for | 9 |
| Support Act. Each order for support entered or modified on or | 10 |
| after the effective date of this amendatory Act of the 93rd | 11 |
| General Assembly must contain a statement notifying the parties | 12 |
| of the requirements of this subsection. Failure to include the | 13 |
| statement in the order for support does not affect the validity | 14 |
| of the order or the operation of the provisions of this | 15 |
| subsection with regard to the order. This subsection shall not | 16 |
| be construed to prevent or affect the establishment or | 17 |
| modification of an order for support of a minor child or the | 18 |
| establishment or modification of an order for support of a | 19 |
| non-minor child or educational expenses under Section 513 of | 20 |
| the Illinois Marriage and Dissolution of Marriage Act.
| 21 |
| (j) An order entered under this Section shall include a | 22 |
| provision
requiring the obligor to report to the obligee and to | 23 |
| the clerk of court within
10 days each time the obligor obtains | 24 |
| new employment, and each time the
obligor's employment is | 25 |
| terminated for any reason.
The report shall be in writing and | 26 |
| shall, in the case of new employment,
include the name and | 27 |
| address of the new employer.
Failure to report new employment | 28 |
| or
the termination of current employment, if coupled with | 29 |
| nonpayment of support
for a period in excess of 60 days, is | 30 |
| indirect criminal contempt. For
any obligor arrested for | 31 |
| failure to report new employment bond shall be set in
the | 32 |
| amount of the child support that should have been paid during | 33 |
| the period of
unreported employment. An order entered under | 34 |
| this Section shall also include
a provision requiring the | 35 |
| obligor and obligee parents to advise each other of a
change in | 36 |
| residence within 5 days of the change
except when the court |
|
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| 1 |
| finds that the physical, mental, or emotional health
of a party | 2 |
| or that of a minor child, or both, would be seriously | 3 |
| endangered by
disclosure of the party's address.
| 4 |
| (Source: P.A. 92-590, eff. 7-1-02; 92-876, eff. 6-1-03; 93-139, | 5 |
| eff. 7-10-03;
revised 9-15-03.)
| 6 |
| Section 99. Effective date. This Act takes effect on | 7 |
| January 1, 2005.
|
|