Illinois General Assembly - Full Text of HB2150
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Full Text of HB2150  94th General Assembly

HB2150ham002 94TH GENERAL ASSEMBLY

Rep. Cynthia Soto

Filed: 2/21/2006

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2150

2     AMENDMENT NO. ______. Amend House Bill 2150, AS AMENDED,
3 immediately below the enacting clause by inserting the
4 following:
 
5     "Section 3. The Illinois Public Aid Code is amended by
6 changing Section 10-10 as follows:
 
7     (305 ILCS 5/10-10)  (from Ch. 23, par. 10-10)
8     Sec. 10-10. Court enforcement; applicability also to
9 persons who are not applicants or recipients. Except where the
10 Illinois Department, by agreement, acts for the local
11 governmental unit, as provided in Section 10-3.1, local
12 governmental units shall refer to the State's Attorney or to
13 the proper legal representative of the governmental unit, for
14 judicial enforcement as herein provided, instances of
15 non-support or insufficient support when the dependents are
16 applicants or recipients under Article VI. The Child and Spouse
17 Support Unit established by Section 10-3.1 may institute in
18 behalf of the Illinois Department any actions under this
19 Section for judicial enforcement of the support liability when
20 the dependents are (a) applicants or recipients under Articles
21 III, IV, V or VII; (b) applicants or recipients in a local
22 governmental unit when the Illinois Department, by agreement,
23 acts for the unit; or (c) non-applicants or non-recipients who
24 are receiving child support enforcement services under this

 

 

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1 Article X, as provided in Section 10-1. Where the Child and
2 Spouse Support Unit has exercised its option and discretion not
3 to apply the provisions of Sections 10-3 through 10-8, the
4 failure by the Unit to apply such provisions shall not be a bar
5 to bringing an action under this Section.
6     Action shall be brought in the circuit court to obtain
7 support, or for the recovery of aid granted during the period
8 such support was not provided, or both for the obtainment of
9 support and the recovery of the aid provided. Actions for the
10 recovery of aid may be taken separately or they may be
11 consolidated with actions to obtain support. Such actions may
12 be brought in the name of the person or persons requiring
13 support, or may be brought in the name of the Illinois
14 Department or the local governmental unit, as the case
15 requires, in behalf of such persons.
16     The court may enter such orders for the payment of moneys
17 for the support of the person as may be just and equitable and
18 may direct payment thereof for such period or periods of time
19 as the circumstances require, including support for a period
20 before the date the order for support is entered. The order may
21 be entered against any or all of the defendant responsible
22 relatives and may be based upon the proportionate ability of
23 each to contribute to the person's support.
24     The Court shall determine the amount of child support
25 (including child support for a period before the date the order
26 for child support is entered) by using the guidelines and
27 standards set forth in subsection (a) of Section 505 and in
28 Section 505.2 of the Illinois Marriage and Dissolution of
29 Marriage Act. For purposes of determining the amount of child
30 support to be paid for a period before the date the order for
31 child support is entered, there is a rebuttable presumption
32 that the responsible relative's net income for that period was
33 the same as his or her net income at the time the order is
34 entered.

 

 

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1     If (i) the responsible relative was properly served with a
2 request for discovery of financial information relating to the
3 responsible relative's ability to provide child support, (ii)
4 the responsible relative failed to comply with the request,
5 despite having been ordered to do so by the court, and (iii)
6 the responsible relative is not present at the hearing to
7 determine support despite having received proper notice, then
8 any relevant financial information concerning the responsible
9 relative's ability to provide child support that was obtained
10 pursuant to subpoena and proper notice shall be admitted into
11 evidence without the need to establish any further foundation
12 for its admission.
13     An order entered under this Section shall include a
14 provision requiring the obligor to report to the obligee and to
15 the clerk of court within 10 days each time the obligor obtains
16 new employment, and each time the obligor's employment is
17 terminated for any reason. The report shall be in writing and
18 shall, in the case of new employment, include the name and
19 address of the new employer. Failure to report new employment
20 or the termination of current employment, if coupled with
21 nonpayment of support for a period in excess of 60 days, is
22 indirect criminal contempt. For any obligor arrested for
23 failure to report new employment bond shall be set in the
24 amount of the child support that should have been paid during
25 the period of unreported employment. An order entered under
26 this Section shall also include a provision requiring the
27 obligor and obligee parents to advise each other of a change in
28 residence within 5 days of the change except when the court
29 finds that the physical, mental, or emotional health of a party
30 or that of a minor child, or both, would be seriously
31 endangered by disclosure of the party's address.
32     The Court shall determine the amount of maintenance using
33 the standards set forth in Section 504 of the Illinois Marriage
34 and Dissolution of Marriage Act.

 

 

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1     Any new or existing support order entered by the court
2 under this Section shall be deemed to be a series of judgments
3 against the person obligated to pay support thereunder, each
4 such judgment to be in the amount of each payment or
5 installment of support and each such judgment to be deemed
6 entered as of the date the corresponding payment or installment
7 becomes due under the terms of the support order. Each such
8 judgment shall have the full force, effect and attributes of
9 any other judgment of this State, including the ability to be
10 enforced. Any such judgment is subject to modification or
11 termination only in accordance with Section 510 of the Illinois
12 Marriage and Dissolution of Marriage Act. A lien arises by
13 operation of law against the real and personal property of the
14 noncustodial parent for each installment of overdue support
15 owed by the noncustodial parent.
16     When an order is entered for the support of a minor, the
17 court may provide therein for reasonable visitation of the
18 minor by the person or persons who provided support pursuant to
19 the order. Whoever willfully refuses to comply with such
20 visitation order or willfully interferes with its enforcement
21 may be declared in contempt of court and punished therefor.
22     Except where the local governmental unit has entered into
23 an agreement with the Illinois Department for the Child and
24 Spouse Support Unit to act for it, as provided in Section
25 10-3.1, support orders entered by the court in cases involving
26 applicants or recipients under Article VI shall provide that
27 payments thereunder be made directly to the local governmental
28 unit. Orders for the support of all other applicants or
29 recipients shall provide that payments thereunder be made
30 directly to the Illinois Department. In accordance with federal
31 law and regulations, the Illinois Department may continue to
32 collect current maintenance payments or child support
33 payments, or both, after those persons cease to receive public
34 assistance and until termination of services under Article X.

 

 

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1 The Illinois Department shall pay the net amount collected to
2 those persons after deducting any costs incurred in making the
3 collection or any collection fee from the amount of any
4 recovery made. In both cases the order shall permit the local
5 governmental unit or the Illinois Department, as the case may
6 be, to direct the responsible relative or relatives to make
7 support payments directly to the needy person, or to some
8 person or agency in his behalf, upon removal of the person from
9 the public aid rolls or upon termination of services under
10 Article X.
11     If the notice of support due issued pursuant to Section
12 10-7 directs that support payments be made directly to the
13 needy person, or to some person or agency in his behalf, and
14 the recipient is removed from the public aid rolls, court
15 action may be taken against the responsible relative hereunder
16 if he fails to furnish support in accordance with the terms of
17 such notice.
18     Actions may also be brought under this Section in behalf of
19 any person who is in need of support from responsible
20 relatives, as defined in Section 2-11 of Article II who is not
21 an applicant for or recipient of financial aid under this Code.
22 In such instances, the State's Attorney of the county in which
23 such person resides shall bring action against the responsible
24 relatives hereunder. If the Illinois Department, as authorized
25 by Section 10-1, extends the child support enforcement services
26 provided by this Article to spouses and dependent children who
27 are not applicants or recipients under this Code, the Child and
28 Spouse Support Unit established by Section 10-3.1 shall bring
29 action against the responsible relatives hereunder and any
30 support orders entered by the court in such cases shall provide
31 that payments thereunder be made directly to the Illinois
32 Department.
33     Whenever it is determined in a proceeding to establish or
34 enforce a child support or maintenance obligation that the

 

 

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1 person owing a duty of support is unemployed, the court shall,
2 unless the court makes specific findings about the person based
3 upon clear and convincing evidence and determines that the
4 person is incapable of gainful employment because of a physical
5 or a mental condition, or a combination of conditions, may
6 order the person to seek employment and report periodically to
7 the court with a diary, listing or other memorandum of his or
8 her efforts in accordance with such order. Additionally, the
9 court may order the unemployed person to report to the
10 Department of Employment Security for job search services or to
11 make application with the local Job Training Partnership Act
12 provider or an Illinois Employment and Training Center for
13 participation in job search, training or work programs and
14 where the duty of support is owed to a child receiving child
15 support enforcement services under this Article X, the court
16 may order the unemployed person to report to the Illinois
17 Department for participation in job search, training or work
18 programs established under Section 9-6 and Article IXA of this
19 Code.
20     Whenever it is determined that a person owes past-due
21 support for a child receiving assistance under this Code, the
22 court shall order at the request of the Illinois Department:
23         (1) that the person pay the past-due support in
24     accordance with a plan approved by the court; or
25         (2) if the person owing past-due support is unemployed,
26     is subject to such a plan, and is not incapacitated, that
27     the person participate in such job search, training, or
28     work programs established under Section 9-6 and Article IXA
29     of this Code as the court deems appropriate.
30     A determination under this Section shall not be
31 administratively reviewable by the procedures specified in
32 Sections 10-12, and 10-13 to 10-13.10. Any determination under
33 these Sections, if made the basis of court action under this
34 Section, shall not affect the de novo judicial determination

 

 

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1 required under this Section.
2     A one-time charge of 20% is imposable upon the amount of
3 past-due child support owed on July 1, 1988 which has accrued
4 under a support order entered by the court. The charge shall be
5 imposed in accordance with the provisions of Section 10-21 of
6 this Code and shall be enforced by the court upon petition.
7     All orders for support, when entered or modified, shall
8 include a provision requiring the non-custodial parent to
9 notify the court and, in cases in which a party is receiving
10 child support enforcement services under this Article X, the
11 Illinois Department, within 7 days, (i) of the name, address,
12 and telephone number of any new employer of the non-custodial
13 parent, (ii) whether the non-custodial parent has access to
14 health insurance coverage through the employer or other group
15 coverage and, if so, the policy name and number and the names
16 of persons covered under the policy, and (iii) of any new
17 residential or mailing address or telephone number of the
18 non-custodial parent. In any subsequent action to enforce a
19 support order, upon a sufficient showing that a diligent effort
20 has been made to ascertain the location of the non-custodial
21 parent, service of process or provision of notice necessary in
22 the case may be made at the last known address of the
23 non-custodial parent in any manner expressly provided by the
24 Code of Civil Procedure or this Code, which service shall be
25 sufficient for purposes of due process.
26     An order for support shall include a date on which the
27 current support obligation terminates. The termination date
28 shall be no earlier than the date on which the child covered by
29 the order will attain the age of 18. However, if the child will
30 not graduate from high school until after attaining the age of
31 18, then the termination date shall be no earlier than the
32 earlier of the date on which the child's high school graduation
33 will occur or the date on which the child will attain the age
34 of 19. The order for support shall state that the termination

 

 

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1 date does not apply to any arrearage that may remain unpaid on
2 that date. Nothing in this paragraph shall be construed to
3 prevent the court from modifying the order or terminating the
4 order in the event the child is otherwise emancipated.
5     If there is an unpaid arrearage or delinquency (as those
6 terms are defined in the Income Withholding for Support Act)
7 equal to at least one month's support obligation on the
8 termination date stated in the order for support or, if there
9 is no termination date stated in the order, on the date the
10 child attains the age of majority or is otherwise emancipated,
11 then the periodic amount required to be paid for current
12 support of that child immediately prior to that date shall
13 automatically continue to be an obligation, not as current
14 support but as periodic payment toward satisfaction of the
15 unpaid arrearage or delinquency. That periodic payment shall be
16 in addition to any periodic payment previously required for
17 satisfaction of the arrearage or delinquency. The total
18 periodic amount to be paid toward satisfaction of the arrearage
19 or delinquency may be enforced and collected by any method
20 provided by law for the enforcement and collection of child
21 support, including but not limited to income withholding under
22 the Income Withholding for Support Act. Each order for support
23 entered or modified on or after the effective date of this
24 amendatory Act of the 93rd General Assembly must contain a
25 statement notifying the parties of the requirements of this
26 paragraph. Failure to include the statement in the order for
27 support does not affect the validity of the order or the
28 operation of the provisions of this paragraph with regard to
29 the order. This paragraph shall not be construed to prevent or
30 affect the establishment or modification of an order for the
31 support of a minor child or the establishment or modification
32 of an order for the support of a non-minor child or educational
33 expenses under Section 513 of the Illinois Marriage and
34 Dissolution of Marriage Act.

 

 

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1     Payments under this Section to the Illinois Department
2 pursuant to the Child Support Enforcement Program established
3 by Title IV-D of the Social Security Act shall be paid into the
4 Child Support Enforcement Trust Fund. All payments under this
5 Section to the Illinois Department of Human Services shall be
6 deposited in the DHS Recoveries Trust Fund. Disbursements from
7 these funds shall be as provided in Sections 12-9.1 and 12-10.2
8 of this Code. Payments received by a local governmental unit
9 shall be deposited in that unit's General Assistance Fund.
10     To the extent the provisions of this Section are
11 inconsistent with the requirements pertaining to the State
12 Disbursement Unit under Sections 10-10.4 and 10-26 of this
13 Code, the requirements pertaining to the State Disbursement
14 Unit shall apply.
15 (Source: P.A. 93-1061, eff. 1-1-05; 94-88, eff. 1-1-06; revised
16 8-9-05.)"; and
 
17 after the end of Section 5, by inserting the following:
 
18     "Section 10. The Non-Support Punishment Act is amended by
19 changing Section 60 as follows:
 
20     (750 ILCS 16/60)
21     Sec. 60. Unemployed persons owing duty of support.
22     (a) Whenever it is determined in a proceeding to establish
23 or enforce a child support or maintenance obligation that the
24 person owing a duty of support is unemployed, the court shall,
25 unless the court makes specific findings about the person based
26 upon clear and convincing evidence and determines that the
27 person is incapable of gainful employment because of a physical
28 or a mental condition, or a combination of conditions, may
29 order the person to seek employment and report periodically to
30 the court with a diary, listing or other memorandum of his or
31 her efforts in accordance with such order. Additionally, the

 

 

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1 court may order the unemployed person to report to the
2 Department of Employment Security for job search services or to
3 make application with the local Job Training Partnership Act
4 provider or an Illinois Employment and Training Center for
5 participation in job search, training, or work programs and
6 where the duty of support is owed to a child receiving child
7 support enforcement services under Article X of the Illinois
8 Public Aid Code the court may order the unemployed person to
9 report to the Illinois Department of Healthcare and Family
10 Services Public Aid for participation in job search, training,
11 or work programs established under Section 9-6 and Article IXA
12 of that Code.
13     (b) Whenever it is determined that a person owes past due
14 support for a child or for a child and the parent with whom the
15 child is living, and the child is receiving assistance under
16 the Illinois Public Aid Code, the court shall order at the
17 request of the Illinois Department of Healthcare and Family
18 Services Public Aid:
19         (1) that the person pay the past-due support in
20     accordance with a plan approved by the court; or
21         (2) if the person owing past-due support is unemployed,
22     is subject to such a plan, and is not incapacitated, that
23     the person participate in such job search, training, or
24     work programs established under Section 9-6 and Article IXA
25     of the Illinois Public Aid Code as the court deems
26     appropriate.
27 (Source: P.A. 91-613, eff. 10-1-99; 92-16, eff. 6-28-01;
28 92-590, eff. 7-1-02; revised 12-15-05.)
 
29     Section 15. The Illinois Parentage Act of 1984 is amended
30 by changing Section 15.1 as follows:
 
31     (750 ILCS 45/15.1)  (from Ch. 40, par. 2515.1)
32     Sec. 15.1. (a) Whenever it is determined in a proceeding to

 

 

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1 establish or enforce a child support obligation that the person
2 owing a duty of support is unemployed, the court shall, unless
3 the court makes specific findings about the person based upon
4 clear and convincing evidence and determines that the person is
5 incapable of gainful employment because of a physical or a
6 mental condition, or a combination of conditions, may order the
7 person to seek employment and report periodically to the court
8 with a diary, listing or other memorandum of his or her efforts
9 in accordance with such order. Additionally, the court may
10 order the unemployed person to report to the Department of
11 Employment Security for job search services or to make
12 application with the local Job Training Partnership Act
13 provider or an Illinois Employment and Training Center for
14 participation in job search, training or work programs and
15 where the duty of support is owed to a child receiving child
16 support enforcement services under Article X of the Illinois
17 Public Aid Code, as amended, the court may order the unemployed
18 person to report to the Illinois Department of Healthcare and
19 Family Services Public Aid for participation in job search,
20 training or work programs established under Section 9-6 and
21 Article IXA of that Code.
22     (b) Whenever it is determined that a person owes past-due
23 support for a child, and the child is receiving assistance
24 under the Illinois Public Aid Code, the court shall order the
25 following at the request of the Illinois Department of
26 Healthcare and Family 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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1 (Source: P.A. 91-357, eff. 7-29-99; 92-590, eff. 7-1-02;
2 revised 12-15-05.)".