Full Text of HB2150 94th General Assembly
HB2150eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 3. The Illinois Public Aid Code is amended by | 5 |
| changing Section 10-10 as follows:
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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 | 8 |
| persons who are
not applicants or recipients. Except where the | 9 |
| Illinois Department, by
agreement, acts for the local | 10 |
| governmental unit, as provided in Section
10-3.1, local | 11 |
| governmental units shall refer to the State's Attorney or
to | 12 |
| the proper legal representative of the governmental unit, for
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| judicial enforcement as herein provided, instances of | 14 |
| non-support or
insufficient support when the dependents are | 15 |
| applicants or recipients
under Article VI. The Child and Spouse | 16 |
| Support Unit
established by Section 10-3.1 may institute in | 17 |
| behalf of the Illinois
Department any actions under this | 18 |
| Section for judicial enforcement of
the support liability when | 19 |
| the dependents are (a) applicants or
recipients under Articles | 20 |
| III, IV, V or VII; (b) applicants or recipients
in a local | 21 |
| governmental unit when the Illinois Department, by agreement,
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| acts for the unit; or (c) non-applicants or non-recipients who | 23 |
| are
receiving child support enforcement services under this | 24 |
| Article X, as
provided
in Section 10-1. Where the Child and | 25 |
| Spouse Support Unit has exercised
its option and discretion not | 26 |
| to apply the provisions of Sections 10-3 through
10-8, the | 27 |
| 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 | 30 |
| support, or
for the recovery of aid granted during the period | 31 |
| such support was not
provided, or both for the obtainment of | 32 |
| support and the recovery of the
aid provided. Actions for the |
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| recovery of aid may be taken separately
or they may be | 2 |
| consolidated with actions to obtain support. Such
actions may | 3 |
| 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 | 5 |
| Department or the
local governmental unit, as the case | 6 |
| requires, in behalf of such persons.
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| The court may enter such orders for the payment of moneys | 8 |
| for the
support of the person as may be just and equitable and | 9 |
| may direct
payment thereof for such period or periods of time | 10 |
| as the circumstances
require, including support for a period | 11 |
| before the date the order for support
is entered. The order may | 12 |
| be entered against any or all of the defendant
responsible | 13 |
| 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 | 16 |
| (including child
support for a period before the date the order | 17 |
| for child support is entered)
by
using the
guidelines and | 18 |
| 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 | 20 |
| Marriage Act.
For purposes of determining the amount of child | 21 |
| support to be paid for a
period before the date the order for | 22 |
| child support is entered, there is a
rebuttable
presumption | 23 |
| that the responsible relative's net income for that period was | 24 |
| the
same as his or her net income at the time the order is | 25 |
| entered.
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| If (i) the responsible relative was properly served with a | 27 |
| request for
discovery of
financial information relating to the | 28 |
| responsible relative's ability to provide
child support, (ii)
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| the responsible relative failed to comply with the request, | 30 |
| despite having been
ordered to
do so by the court, and (iii) | 31 |
| the responsible relative is not present at the
hearing to
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| determine support despite having received proper notice, then | 33 |
| any relevant
financial
information concerning the responsible | 34 |
| relative's ability to provide child
support
that was
obtained | 35 |
| pursuant to subpoena and proper notice shall be admitted into | 36 |
| evidence
without
the need to establish any further foundation |
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| for its admission.
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| An order entered under this Section shall include a | 3 |
| provision requiring
the obligor to report to the obligee and to | 4 |
| the clerk of court within 10 days
each time the obligor obtains | 5 |
| new employment, and each time the obligor's
employment is | 6 |
| terminated for any reason.
The report shall be in writing and | 7 |
| shall, in the case of new employment,
include the name and | 8 |
| address of the new employer.
Failure to report new employment | 9 |
| or
the termination of current employment, if coupled with | 10 |
| nonpayment of support
for a period in excess of 60 days, is | 11 |
| indirect criminal contempt. For
any obligor arrested for | 12 |
| failure to report new employment bond shall be set in
the | 13 |
| amount of the child support that should have been paid during | 14 |
| the period of
unreported employment. An order entered under | 15 |
| this Section shall also include
a provision requiring the | 16 |
| obligor and obligee parents to advise each other of a
change in | 17 |
| residence within 5 days of the change
except when the court | 18 |
| finds that the physical, mental, or emotional health
of a party | 19 |
| or that of a minor child, or both, would be seriously | 20 |
| endangered by
disclosure of the party's address.
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| The Court shall determine the amount of maintenance using | 22 |
| the standards
set forth in Section 504 of the Illinois Marriage | 23 |
| and Dissolution of Marriage
Act.
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| Any new or existing support order entered by the court | 25 |
| under this
Section shall be deemed to be a series of judgments | 26 |
| against the person
obligated to pay support thereunder, each | 27 |
| such judgment to be in the amount
of each payment or | 28 |
| installment of support and each such judgment to be
deemed | 29 |
| 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 | 31 |
| judgment shall
have the full force, effect and attributes of | 32 |
| any other judgment of this
State, including the ability to be | 33 |
| enforced. Any such judgment is subject
to modification or | 34 |
| termination only in accordance with Section 510 of the
Illinois | 35 |
| Marriage and Dissolution of Marriage Act.
A lien arises by | 36 |
| operation of law against the real and personal property of
the |
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| noncustodial parent for each
installment of overdue support | 2 |
| owed by the noncustodial parent.
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| When an order is entered for the support of a minor, the | 4 |
| court may
provide therein for reasonable visitation of the | 5 |
| minor by the person or
persons who provided support pursuant to | 6 |
| the order. Whoever willfully
refuses to comply with such | 7 |
| visitation order or willfully interferes
with its enforcement | 8 |
| may be declared in contempt of court and punished
therefor.
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| Except where the local governmental unit has entered into | 10 |
| an
agreement with the Illinois Department for the Child and | 11 |
| Spouse Support
Unit to act for it, as provided in Section | 12 |
| 10-3.1, support orders
entered by the court in cases involving | 13 |
| applicants or recipients under
Article VI shall provide that | 14 |
| payments thereunder be made
directly to the local governmental | 15 |
| unit. Orders for the support of all
other applicants or | 16 |
| recipients shall provide that payments thereunder be
made | 17 |
| directly to the Illinois Department.
In accordance with federal | 18 |
| law and regulations, the Illinois Department may
continue to | 19 |
| collect current maintenance payments or child support | 20 |
| payments, or
both, after those persons cease to receive public | 21 |
| assistance and until
termination of services under Article X. | 22 |
| The Illinois Department shall pay the
net amount collected to | 23 |
| those persons after deducting any costs incurred in
making
the | 24 |
| collection or any collection fee from the amount of any | 25 |
| 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 | 27 |
| be, to direct
the responsible relative or relatives to make | 28 |
| support payments directly to
the needy person, or to some | 29 |
| person or agency in his behalf, upon removal
of the person from | 30 |
| 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 | 33 |
| 10-7 directs
that support payments be made directly to the | 34 |
| needy person, or to some
person or agency in his behalf, and | 35 |
| the recipient is removed from the
public aid rolls, court | 36 |
| action may be taken against the responsible
relative hereunder |
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| if he fails to furnish support in accordance with the
terms of | 2 |
| such notice.
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| Actions may also be brought under this Section in behalf of | 4 |
| any
person who is in need of support from responsible | 5 |
| relatives, as defined
in Section 2-11 of Article II who is not | 6 |
| an applicant for or recipient
of financial aid under this Code. | 7 |
| In such instances, the State's
Attorney of the county in which | 8 |
| such person resides shall bring action
against the responsible | 9 |
| relatives hereunder. If the Illinois
Department, as authorized | 10 |
| by Section 10-1, extends the child support
enforcement
services
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| provided by this Article to spouses and dependent children who | 12 |
| are not
applicants or recipients under this Code, the Child and | 13 |
| Spouse Support
Unit established by Section 10-3.1 shall bring | 14 |
| action against the
responsible relatives hereunder and any | 15 |
| support orders entered by the
court in such cases shall provide | 16 |
| that payments thereunder be made
directly to the Illinois | 17 |
| Department.
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| Whenever it is determined in a proceeding to establish or | 19 |
| enforce a child
support or maintenance obligation that the | 20 |
| person owing a duty of support
is unemployed, the court shall, | 21 |
| unless the court makes specific findings about the person based | 22 |
| upon clear and convincing evidence and determines that the | 23 |
| person is incapable of gainful employment because of a physical | 24 |
| or a mental condition, or a combination of conditions,
may
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| order the person to seek employment and report
periodically to | 26 |
| the court with a diary, listing or other memorandum of his
or | 27 |
| her efforts in accordance with such order. Additionally, the | 28 |
| court may
order the unemployed person to report to the | 29 |
| Department of Employment
Security for job search services or to | 30 |
| make application with the local Job
Training Partnership Act | 31 |
| provider or an Illinois Employment and Training Center for | 32 |
| participation in job search,
training or work programs and | 33 |
| where the duty of support is owed to a child
receiving child | 34 |
| support enforcement services under this Article X, the
court | 35 |
| may
order the
unemployed person to report to the Illinois | 36 |
| Department for participation
in job search, training or work |
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| programs established under Section 9-6 and
Article IXA of this | 2 |
| Code.
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| Whenever it is determined that a person owes past-due | 4 |
| support for a child
receiving assistance under this Code, the | 5 |
| court shall order at the request of
the Illinois Department:
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| (1) that the person pay the past-due support in | 7 |
| accordance with a plan
approved by the court; or
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| (2) if the person owing past-due support is unemployed, | 9 |
| is subject to
such a plan, and is not incapacitated, that | 10 |
| the person participate in such job
search, training, or | 11 |
| work programs established under Section 9-6 and Article
IXA | 12 |
| of this Code as the court deems appropriate.
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| A determination under this Section shall not be | 14 |
| administratively
reviewable by the procedures specified in | 15 |
| Sections 10-12, and 10-13 to
10-13.10. Any determination under | 16 |
| these Sections, if made the basis of
court action under this | 17 |
| Section, shall not affect the de novo judicial
determination | 18 |
| required under this Section.
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| A one-time charge of 20% is imposable upon the amount of | 20 |
| past-due child
support owed on July 1, 1988 which has accrued | 21 |
| under a support order
entered by the court. The charge shall be | 22 |
| imposed in accordance with the
provisions of Section 10-21 of | 23 |
| 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 | 26 |
| notify the court and,
in cases in which a party is receiving | 27 |
| child support
enforcement services under
this Article X, the | 28 |
| Illinois Department, within 7 days, (i) of the name,
address, | 29 |
| and telephone number of any new employer of the non-custodial | 30 |
| parent,
(ii) whether the non-custodial parent has access to | 31 |
| health insurance coverage
through the employer or other group | 32 |
| coverage and, if so, the policy name and
number and the names | 33 |
| of persons covered under
the policy, and (iii) of any new | 34 |
| residential or mailing address or telephone
number of the | 35 |
| non-custodial parent. In any subsequent action to enforce a
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| support order, upon a sufficient showing that a diligent effort |
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| has been made
to ascertain the location of the non-custodial | 2 |
| parent, service of process or
provision of notice necessary in | 3 |
| the case may be made at the last known
address of the | 4 |
| 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 | 6 |
| sufficient for
purposes of due process.
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| An order for support shall include a date on which the | 8 |
| current support
obligation terminates. The termination date | 9 |
| shall be no earlier than the
date on which the child covered by | 10 |
| the order will attain the age of
18. However, if the child will | 11 |
| not graduate from high school until after
attaining the age
of | 12 |
| 18, then the termination date shall be no earlier than the | 13 |
| earlier of the
date on which
the child's high school graduation | 14 |
| will occur or the date on which the child
will attain the
age | 15 |
| of 19. The order for support shall state
that the termination | 16 |
| date does not apply to
any arrearage that may remain unpaid on | 17 |
| that date. Nothing in this paragraph
shall be construed to | 18 |
| prevent the court from modifying the order or terminating
the | 19 |
| order in the event the child is otherwise emancipated.
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| If there is an unpaid arrearage or delinquency (as those | 21 |
| terms are defined in the Income Withholding for Support Act) | 22 |
| equal to at least one month's support obligation on the | 23 |
| termination date stated in the order for support or, if there | 24 |
| is no termination date stated in the order, on the date the | 25 |
| child attains the age of majority or is otherwise emancipated, | 26 |
| then the periodic amount required to be paid for current | 27 |
| support of that child immediately prior to that date shall | 28 |
| automatically continue to be an obligation, not as current | 29 |
| support but as periodic payment toward satisfaction of the | 30 |
| unpaid arrearage or delinquency. That periodic payment shall be | 31 |
| in addition to any periodic payment previously required for | 32 |
| satisfaction of the arrearage or delinquency. The total | 33 |
| periodic amount to be paid toward satisfaction of the arrearage | 34 |
| or delinquency may be enforced and collected by any method | 35 |
| provided by law for the enforcement and collection of child | 36 |
| support, including but not limited to income withholding under |
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| the Income Withholding for Support Act. Each order for support | 2 |
| entered or modified on or after the effective date of this | 3 |
| amendatory Act of the 93rd General Assembly must contain a | 4 |
| statement notifying the parties of the requirements of this | 5 |
| paragraph. Failure to include the statement in the order for | 6 |
| support does not affect the validity of the order or the | 7 |
| operation of the provisions of this paragraph with regard to | 8 |
| the order. This paragraph shall not be construed to prevent or | 9 |
| affect the establishment or modification of an order for the | 10 |
| support of a minor child or the establishment or modification | 11 |
| of an order for the support of a non-minor child or educational | 12 |
| expenses under Section 513 of the Illinois Marriage and | 13 |
| Dissolution of Marriage Act.
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| Payments under this Section to the Illinois Department | 15 |
| pursuant to the
Child Support Enforcement Program established | 16 |
| by Title IV-D of the Social
Security Act shall be paid into the | 17 |
| Child Support Enforcement Trust Fund.
All payments under this | 18 |
| Section to the Illinois Department of Human
Services shall be | 19 |
| deposited in the DHS Recoveries
Trust Fund. Disbursements from | 20 |
| these funds shall be as provided in Sections
12-9.1 and 12-10.2 | 21 |
| of this Code. Payments received by a local
governmental unit | 22 |
| shall be deposited in that unit's General Assistance Fund.
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| To the extent the provisions of this Section are | 24 |
| inconsistent with the
requirements pertaining to the State | 25 |
| Disbursement Unit under Sections 10-10.4
and 10-26 of this | 26 |
| Code, the requirements pertaining to the State Disbursement
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| Unit shall apply.
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| (Source: P.A. 93-1061, eff. 1-1-05; 94-88, eff. 1-1-06; revised | 29 |
| 8-9-05.)
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| Section 5. The Illinois Marriage and Dissolution of | 31 |
| Marriage Act is amended by changing Section 505.1 as follows:
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| (750 ILCS 5/505.1) (from Ch. 40, par. 505.1)
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| Sec. 505.1. (a) Whenever it is determined in a proceeding | 34 |
| to establish
or
enforce a child support or maintenance |
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| obligation that the person owing a
duty of support is | 2 |
| unemployed, the court shall, unless the court makes specific | 3 |
| findings about the person based upon clear and convincing | 4 |
| evidence and determines that the person is incapable of gainful | 5 |
| employment because of a physical or a mental condition, or a | 6 |
| combination of conditions,
may order the person to seek
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| employment and report periodically to the court with a diary, | 8 |
| listing or
other memorandum of his or her efforts in accordance | 9 |
| with such order.
Additionally, the court may order the | 10 |
| unemployed person to report to the
Department of Employment | 11 |
| Security for job search services or to make
application with | 12 |
| the local Job Training Partnership Act provider or an Illinois | 13 |
| Employment and Training Center
for
participation in job search, | 14 |
| training , or work programs and where the duty
of support is | 15 |
| owed to a child receiving child support enforcement
services | 16 |
| under Article X of
the Illinois Public Aid Code, as amended, | 17 |
| the court may order the
unemployed person to report to the | 18 |
| Illinois Department of Healthcare and Family Services
Public | 19 |
| Aid for
participation in job search, training or work programs | 20 |
| established under
Section 9-6 and Article IXA of that Code.
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| (b) Whenever it is determined that a person owes past-due | 22 |
| support for
a child or for a child and the parent with whom the | 23 |
| child is living, and the
child is receiving assistance under | 24 |
| the Illinois Public Aid Code,
the court shall order at the | 25 |
| request of the Illinois
Department of Healthcare and Family | 26 |
| Services
Public Aid :
| 27 |
| (1) that the person pay the past-due support in | 28 |
| accordance with a plan
approved by the court; or
| 29 |
| (2) if the person owing past-due support is unemployed, | 30 |
| is subject to such
a plan, and is
not incapacitated, that | 31 |
| the person participate in such job search, training, or
| 32 |
| work programs established under Section 9-6 and Article IXA | 33 |
| of the Illinois
Public Aid Code as the court deems | 34 |
| appropriate.
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| (Source: P.A. 91-357, eff. 7-29-99; 92-590, eff. 7-1-02; | 36 |
| revised 12-15-05.)
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| Section 10. The Non-Support Punishment Act is amended by | 2 |
| changing Section 60 as follows:
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| (750 ILCS 16/60)
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| Sec. 60. Unemployed persons owing duty of support.
| 5 |
| (a) Whenever it is determined in a proceeding to establish | 6 |
| or enforce a
child support or maintenance obligation that the | 7 |
| person owing a duty of support
is unemployed, the court shall, | 8 |
| unless the court makes specific findings about the person based | 9 |
| upon clear and convincing evidence and determines that the | 10 |
| person is incapable of gainful employment because of a physical | 11 |
| or a mental condition, or a combination of conditions,
may
| 12 |
| order the person to seek employment and report
periodically to | 13 |
| the court with a diary, listing or other memorandum of his or
| 14 |
| her efforts in accordance with such order. Additionally, the | 15 |
| court may order
the unemployed person to report to the | 16 |
| Department of Employment Security for
job search services or to | 17 |
| make application with the local Job
Training Partnership Act | 18 |
| provider or an Illinois Employment and Training Center for | 19 |
| participation in job search, training,
or work programs and | 20 |
| where the duty of support is owed to a child receiving
child | 21 |
| support enforcement services under Article X of the Illinois
| 22 |
| Public Aid Code the court may
order the unemployed person to | 23 |
| report to the Illinois Department of Healthcare and Family | 24 |
| Services
Public Aid
for participation in job search, training, | 25 |
| or work programs established under
Section 9-6 and Article IXA | 26 |
| of that Code.
| 27 |
| (b) Whenever it is determined that a person owes past due | 28 |
| support for a
child or for a child and the parent with whom the | 29 |
| child is living, and the
child is receiving assistance under | 30 |
| the Illinois Public Aid Code, the court
shall order at the | 31 |
| request of the Illinois Department of Healthcare and Family | 32 |
| Services
Public Aid :
| 33 |
| (1) that the person pay the past-due support in | 34 |
| accordance with a plan
approved by the court; or
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| (2) if the person owing past-due support is unemployed, | 2 |
| is subject to such
a plan, and is not incapacitated, that | 3 |
| the person participate in such job
search, training, or | 4 |
| work programs established under Section 9-6 and Article
IXA | 5 |
| of the Illinois Public Aid Code as the court deems | 6 |
| appropriate.
| 7 |
| (Source: P.A. 91-613, eff. 10-1-99; 92-16, eff. 6-28-01; | 8 |
| 92-590, eff. 7-1-02; revised 12-15-05.)
| 9 |
| Section 15. The Illinois Parentage Act of 1984 is amended | 10 |
| by changing Section 15.1 as follows:
| 11 |
| (750 ILCS 45/15.1) (from Ch. 40, par. 2515.1)
| 12 |
| Sec. 15.1. (a) Whenever it is determined in a proceeding to | 13 |
| establish or
enforce a child support obligation that the person | 14 |
| owing a duty of support is
unemployed, the court shall, unless | 15 |
| the court makes specific findings about the person based upon | 16 |
| clear and convincing evidence and determines that the person is | 17 |
| incapable of gainful employment because of a physical or a | 18 |
| mental condition, or a combination of conditions,
may order the | 19 |
| person to seek employment and report
periodically to the court | 20 |
| with a diary, listing or other memorandum of his
or her efforts | 21 |
| in accordance with such order. Additionally, the court may
| 22 |
| order the unemployed person to report to the Department of | 23 |
| Employment
Security for job search services or to make | 24 |
| application with the local Job
Training Partnership Act | 25 |
| provider or an Illinois Employment and Training Center for | 26 |
| participation in job search, training
or work programs and | 27 |
| where the duty of support is owed to a child receiving
child | 28 |
| support enforcement services under Article X of the Illinois
| 29 |
| Public Aid Code, as
amended, the court may order the unemployed | 30 |
| person to report to the
Illinois Department of Healthcare and | 31 |
| Family Services
Public Aid for participation in job search, | 32 |
| training
or work programs established under Section 9-6 and | 33 |
| Article IXA of that
Code.
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| (b) Whenever it is determined that a
person owes past-due |
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| support for a child,
and the child is receiving assistance | 2 |
| under the Illinois Public Aid Code,
the court shall order the
| 3 |
| following at the request of the Illinois Department of | 4 |
| Healthcare and Family Services
Public Aid :
| 5 |
| (1) that the person pay the past-due support in | 6 |
| accordance with a plan
approved by the court; or
| 7 |
| (2) if the person owing past-due support is unemployed, | 8 |
| is subject to such
a plan, and is
not incapacitated, that | 9 |
| the person participate in such job search, training, or
| 10 |
| work programs established under Section 9-6 and Article IXA | 11 |
| of the Illinois
Public Aid Code as the court deems | 12 |
| appropriate.
| 13 |
| (Source: P.A. 91-357, eff. 7-29-99; 92-590, eff. 7-1-02; | 14 |
| revised 12-15-05.)
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|