HB2150ham001 94TH GENERAL ASSEMBLY

Child Support Enforcement Committee

Filed: 2/15/2006

09400HB2150ham001 LRB094 03005 AJO 55918 a

AMENDMENT TO HOUSE BILL 2150

AMENDMENT NO. ______. Amend House Bill 2150 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Marriage and Dissolution of Marriage Act is amended by changing Section 505.1 as follows:

(750 ILCS 5/505.1) (from Ch. 40, par. 505.1)

Sec. 505.1. (a) Whenever it is determined in a proceeding to establish or enforce a child support or maintenance obligation that the person owing a duty of support is unemployed, the court shall, unless the court makes specific findings about the person based upon clear and convincing evidence and determines that the person is incapable of gainful employment because of a physical or a mental condition, or a combination of conditions, may order the person to seek employment and report periodically to the court with a diary, listing or other memorandum of his or her efforts in accordance with such order. Additionally, the court may order the unemployed person to report to the Department of Employment Security for job search services or to make application with the local Job Training Partnership Act provider or an Illinois Employment and Training Center for participation in job search, training, or work programs and where the duty of support is owed to a child receiving child support enforcement services under Article X of the Illinois Public Aid Code, as amended, the court may order the unemployed person to report to the Illinois Department of Healthcare and Family Services Public Aid for participation in job search, training or work programs established under Section 9-6 and Article IXA of that Code.

(b) Whenever it is determined that a person owes past-due support for a child or for a child and the parent with whom the child is living, and the child is receiving assistance under the Illinois Public Aid Code, the court shall order at the request of the Illinois Department of Healthcare and Family Services Public Aid:

(1) that the person pay the past-due support in accordance with a plan approved by the court; or

(2) if the person owing past-due support is unemployed, is subject to such a plan, and is not incapacitated, that the person participate in such job search, training, or work programs established under Section 9-6 and Article IXA of the Illinois Public Aid Code as the court deems appropriate.

(Source: P.A. 91-357, eff. 7-29-99; 92-590, eff. 7-1-02; revised 12-15-05.)".