Full Text of HB0726 94th General Assembly
HB0726ham001 94TH GENERAL ASSEMBLY
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Child Support Enforcement Committee
Filed: 2/17/2005
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| AMENDMENT TO HOUSE BILL 726
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| AMENDMENT NO. ______. Amend House Bill 726 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Public Aid Code is amended by | 5 |
| adding Section 10-2.5 as follows: | 6 |
| (305 ILCS 5/10-2.5 new) | 7 |
| Sec. 10-2.5. Support for non-minor children and | 8 |
| educational expenses. If paternity or an order for support has | 9 |
| been established under any provision of this Article X, a | 10 |
| petition for support and educational expenses for a non-minor | 11 |
| child or children may be brought in the circuit court by a | 12 |
| parent of the child or children, and not by the Department, in | 13 |
| the instances set forth in Section 513 of the Illinois Marriage | 14 |
| and Dissolution of Marriage Act. The court shall make its | 15 |
| determination under the provisions of that Section. | 16 |
| Section 10. The Non-Support Punishment Act is amended by | 17 |
| changing Section 20 as follows:
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| (750 ILCS 16/20)
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| Sec. 20. Entry of order for support; income withholding.
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| (a) In a case in which no court or administrative order for | 21 |
| support is in
effect against the defendant:
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| (1) at any time before the trial, upon motion of the |
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| State's Attorney, or
of the Attorney General if the action | 2 |
| has been instituted by his office, and
upon notice to the | 3 |
| defendant, or at the time of arraignment or as a condition
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| of postponement of arraignment, the court may enter such | 5 |
| temporary order for
support as may seem just, providing for | 6 |
| the support or maintenance of the
spouse or child or | 7 |
| children of the defendant, or both, pendente lite; or
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| (2) before trial with the consent of the defendant, or | 9 |
| at the trial on
entry of a plea of guilty, or after | 10 |
| conviction, instead of imposing the penalty
provided in | 11 |
| this Act, or in addition thereto, the court may enter an | 12 |
| order for
support, subject to modification by the court | 13 |
| from time to time as
circumstances may require, directing | 14 |
| the defendant to pay a certain sum for
maintenance of the | 15 |
| spouse, or for support of the child or children, or both.
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| (b) The court shall determine the amount of child support | 17 |
| by using the
guidelines and standards set forth in subsection | 18 |
| (a) of Section 505 and in
Section 505.2 of the Illinois | 19 |
| Marriage and Dissolution of Marriage Act.
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| If (i) the non-custodial parent was properly served with a | 21 |
| request for
discovery of financial information relating to the | 22 |
| non-custodial parent's
ability to provide child support, (ii) | 23 |
| the non-custodial parent failed to
comply with the request, | 24 |
| despite having been ordered to do so by the court,
and (iii) | 25 |
| the non-custodial parent is not present at the hearing to | 26 |
| determine
support despite having received proper notice, then | 27 |
| any relevant financial
information concerning the | 28 |
| non-custodial parent's ability to provide support
that was | 29 |
| obtained pursuant to subpoena and proper notice shall be | 30 |
| admitted
into evidence without the need to establish any | 31 |
| further foundation for its
admission.
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| (c) The court shall determine the amount of maintenance | 33 |
| using the standards
set forth in Section 504 of the Illinois | 34 |
| Marriage and Dissolution of Marriage
Act.
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| (d) The court may, for violation of any order under this | 2 |
| Section, punish the
offender as for a contempt of court, but no | 3 |
| pendente lite order shall remain in
effect longer than 4 | 4 |
| months, or after the discharge of any panel of jurors
summoned | 5 |
| for service thereafter in such court, whichever is sooner.
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| (e) Any order for support entered by the court under this | 7 |
| Section shall be
deemed to be a series of judgments against the | 8 |
| person obligated to pay support
under the judgments, each such | 9 |
| judgment to be in the amount of each payment or
installment of | 10 |
| support and each judgment to be deemed entered as of the date
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| the corresponding payment or installment becomes due under the | 12 |
| terms of the
support order. Each judgment shall have the full | 13 |
| force, effect, and attributes
of any other judgment of this | 14 |
| State, including the ability to be enforced.
Each judgment is | 15 |
| subject to modification or termination only in accordance with
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| Section 510 of the Illinois Marriage and Dissolution of | 17 |
| Marriage Act. A lien
arises by operation of law against the | 18 |
| real and personal property of the
noncustodial parent for each | 19 |
| installment of overdue support owed by the
noncustodial parent.
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| (f) An order for support entered under this Section shall | 21 |
| include a
provision requiring the obligor to report to the | 22 |
| obligee and to the clerk of
the court within 10 days each time | 23 |
| the obligor obtains new employment, and each
time the obligor's | 24 |
| employment is terminated for any reason. The report shall
be in | 25 |
| writing and shall, in the case of new employment, include the | 26 |
| name and
address of the new employer.
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| Failure to report new employment or the termination of | 28 |
| current employment,
if coupled with nonpayment of support for a | 29 |
| period in excess of 60 days, is
indirect criminal contempt. For | 30 |
| any obligor arrested for failure to report new
employment, bond | 31 |
| shall be set in the amount of the child support that should
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| have been paid during the period of unreported
employment.
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| An order for support entered under this Section shall also | 34 |
| include a
provision requiring the obligor and obligee parents |
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| to advise each other of a
change in residence within 5 days of | 2 |
| the change except when the court finds
that the physical, | 3 |
| mental, or emotional health of a party or of a minor child,
or | 4 |
| both, would be seriously endangered by disclosure of the | 5 |
| party's address.
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| (g) An order for support entered or modified in a case in | 7 |
| which a party is
receiving child support enforcement services | 8 |
| under Article X of the Illinois
Public Aid Code shall include a | 9 |
| provision requiring the noncustodial parent to
notify the | 10 |
| Illinois Department of Public Aid, within 7 days, of the name | 11 |
| and
address of any new employer of the noncustodial parent, | 12 |
| whether the
noncustodial parent has access to health insurance | 13 |
| coverage through the
employer or other group coverage and, if | 14 |
| so, the policy name and number
and the names of persons covered | 15 |
| under the policy.
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| (h) In any subsequent action to enforce an order for | 17 |
| support entered under
this Act, upon sufficient showing that | 18 |
| diligent effort has been made to
ascertain the location of the | 19 |
| noncustodial parent, service of process or
provision of notice | 20 |
| necessary in that action may be made at the last known
address | 21 |
| of the noncustodial parent, in any manner expressly provided by | 22 |
| the
Code of Civil Procedure or in this Act, which service shall | 23 |
| be sufficient for
purposes of due process.
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| (i) An order for support shall include a date on which the | 25 |
| current support
obligation terminates. The termination date | 26 |
| shall be no earlier than the date
on which the child covered by | 27 |
| the order will attain the age of 18. However, if
the child will | 28 |
| not graduate from high school until after attaining the age of
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| 18, then the termination date shall be no earlier than the | 30 |
| earlier of the date
on which the child's high school graduation | 31 |
| will occur or the date on which the
child will attain the age | 32 |
| of 19. The order for support shall state that the
termination | 33 |
| date does not apply to any arrearage that may remain unpaid on | 34 |
| that
date. Nothing in this subsection shall be construed to |
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| prevent the court from
modifying the order or terminating the | 2 |
| order in the event the child is
otherwise emancipated.
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| (i-5) If there is an unpaid arrearage or delinquency (as | 4 |
| those terms are defined in the Income Withholding for Support | 5 |
| Act) equal to at least one month's support obligation on the | 6 |
| termination date stated in the order for support or, if there | 7 |
| is no termination date stated in the order, on the date the | 8 |
| child attains the age of majority or is otherwise emancipated, | 9 |
| the periodic amount required to be paid for current support of | 10 |
| that child immediately prior to that date shall automatically | 11 |
| continue to be an obligation, not as current support but as | 12 |
| periodic payment toward satisfaction of the unpaid arrearage or | 13 |
| delinquency. That periodic payment shall be in addition to any | 14 |
| periodic payment previously required for satisfaction of the | 15 |
| arrearage or delinquency. The total periodic amount to be paid | 16 |
| toward satisfaction of the arrearage or delinquency may be | 17 |
| enforced and collected by any method provided by law for | 18 |
| enforcement and collection of child support, including but not | 19 |
| limited to income withholding under the Income Withholding for | 20 |
| Support Act. Each order for support entered or modified on or | 21 |
| after the effective date of this amendatory Act of the 93rd | 22 |
| General Assembly must contain a statement notifying the parties | 23 |
| of the requirements of this subsection. Failure to include the | 24 |
| statement in the order for support does not affect the validity | 25 |
| of the order or the operation of the provisions of this | 26 |
| subsection with regard to the order. This subsection shall not | 27 |
| be construed to prevent or affect the establishment or | 28 |
| modification of an order for support of a minor child or the | 29 |
| establishment or modification of an order for support of a | 30 |
| non-minor child or educational expenses under Section 513 of | 31 |
| the Illinois Marriage and Dissolution of Marriage Act.
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| (j) A support obligation, or any portion of a support | 33 |
| obligation, which
becomes due and remains unpaid for 30 days or | 34 |
| more shall accrue simple interest
at the rate of 9% per annum.
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| An order for support entered or modified on or after January 1, | 2 |
| 2002 shall
contain a statement that a support obligation | 3 |
| required under the order, or any
portion of a support | 4 |
| obligation required under the order, that becomes due and
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| remains unpaid for 30 days or more shall accrue simple interest | 6 |
| at the rate of
9% per annum. Failure to include the statement | 7 |
| in the order for support does
not affect the validity of the | 8 |
| order or the accrual of interest as provided in
this Section.
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| (k) Issues of support and educational expenses for a | 10 |
| non-minor child or children shall be determined by the court | 11 |
| under the provisions of Section 513 of the Illinois Marriage | 12 |
| and Dissolution of Marriage Act.
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| (Source: P.A. 92-374, eff. 8-15-01; 92-590, eff. 7-1-02; | 14 |
| 92-876, eff. 6-1-03; 93-1061, eff. 1-1-05.)
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| Section 15. The Illinois Parentage Act of 1984 is amended | 16 |
| by changing Section 16 as follows:
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| (750 ILCS 45/16) (from Ch. 40, par. 2516)
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| Sec. 16. Modification of Judgment. The court has continuing | 19 |
| jurisdiction
to modify an order for support, custody, | 20 |
| visitation, or removal included in a
judgment entered under | 21 |
| this Act. Any custody, visitation, or removal judgment
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| modification shall be in accordance with the relevant factors | 23 |
| specified in the
Illinois Marriage and Dissolution of Marriage | 24 |
| Act, including Section 609. Any
support judgment is subject to | 25 |
| modification or termination only in accordance
with Section 510 | 26 |
| of the Illinois Marriage and Dissolution of Marriage Act.
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| Issues of support and educational expenses for a non-minor | 28 |
| child or children shall be determined by the court under the | 29 |
| provisions of Section 513 of the Illinois Marriage and | 30 |
| Dissolution of Marriage Act.
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| (Source: P.A. 93-139, eff. 7-10-03.)".
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