Full Text of HB4383 94th General Assembly
HB4383eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning families.
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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 Marriage and Dissolution of | 5 |
| Marriage Act is amended by changing Section 505.2 as follows:
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| (750 ILCS 5/505.2) (from Ch. 40, par. 505.2)
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| Sec. 505.2. Health insurance.
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| (a) Definitions. As used in this Section:
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| (1) "Obligee" means the individual to whom the duty of | 10 |
| support is owed or
the individual's legal representative.
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| (2) "Obligor" means the individual who owes a duty of | 12 |
| support pursuant
to an order for support.
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| (3) "Public office" means any elected official or any | 14 |
| State or local
agency which is or may become responsible by | 15 |
| law for enforcement of, or
which is or may become | 16 |
| authorized to enforce, an order for support,
including, but | 17 |
| not limited to: the Attorney General, the Illinois
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| Department of Public Aid, the Illinois Department of Human | 19 |
| Services, the
Illinois Department of Children and Family | 20 |
| Services, and the various State's
Attorneys, Clerks of the | 21 |
| Circuit Court and supervisors of general assistance.
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| (4) "Child" shall have the meaning ascribed to it in | 23 |
| Section 505.
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| (b) Order.
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| (1) Whenever the court establishes, modifies or | 26 |
| enforces an
order for child support or for child support | 27 |
| and maintenance the court
shall include in the order a | 28 |
| provision for the health care coverage of the
child which | 29 |
| shall, upon request of the obligee or Public Office, | 30 |
| require that
any child
covered by the order be named as a | 31 |
| beneficiary of any health insurance plan
that is available | 32 |
| to the obligor through an employer or labor union or
trade |
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| union. If the court finds that such a plan is not available | 2 |
| to the
obligor, or that the plan is not accessible to the | 3 |
| obligee, the court may, upon
request of the obligee or | 4 |
| Public Office, order the obligor to name the child
covered | 5 |
| by the order as a beneficiary of any health insurance plan | 6 |
| that is
available to the obligor on a group basis, or as a | 7 |
| beneficiary of an
independent health insurance plan to be | 8 |
| obtained by the obligor, after
considering the following | 9 |
| factors:
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| (A) the medical needs of the child;
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| (B) the availability of a plan to meet those needs; | 12 |
| and
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| (C) the cost of such a plan to the obligor.
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| (2) If the employer or labor union or trade union | 15 |
| offers more than
one plan, the order shall require the | 16 |
| obligor to name the child as a
beneficiary of the plan in | 17 |
| which the obligor is enrolled.
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| (3) Nothing in this Section shall be construed to limit | 19 |
| the authority of
the court to establish or modify a support | 20 |
| order to provide for payment of
expenses, including | 21 |
| deductibles, copayments and any other health expenses,
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| which are in addition to expenses covered by an insurance | 23 |
| plan of which a
child is ordered to be named a beneficiary | 24 |
| pursuant to this Section.
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| (c) Implementation and enforcement.
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| (1) When the court order requires that
a minor child be | 27 |
| named as a beneficiary of a health insurance plan, other | 28 |
| than
a health insurance plan available through an employer | 29 |
| or labor union or trade
union, the obligor shall provide | 30 |
| written proof to the obligee or Public Office
that the | 31 |
| required insurance has been obtained, or that application | 32 |
| for
insurability has been made, within 30 days of receiving | 33 |
| notice of the court
order. Unless the obligor was present | 34 |
| in court when the order was issued,
notice of the order | 35 |
| shall be given pursuant to Illinois Supreme Court Rules.
If | 36 |
| an obligor fails to provide the required proof, he may be |
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| held in contempt
of court.
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| (2) When the court requires that a child be named as a
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| beneficiary of a health insurance plan available through an | 4 |
| employer or
labor union or trade union, the court's order | 5 |
| shall be implemented in
accordance with the Income | 6 |
| Withholding for Support Act.
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| (2.5) The court shall order the obligor to reimburse | 8 |
| the obligee for 50% of the premium for placing the child on | 9 |
| his or her health insurance policy if: | 10 |
| (i) a health insurance plan
is not available to the | 11 |
| obligor through an employer or labor union or
trade | 12 |
| union and the court does not order the obligor to cover | 13 |
| the child as a beneficiary of any health insurance plan | 14 |
| that is
available to the obligor on a group basis or as | 15 |
| a beneficiary of an
independent health insurance plan | 16 |
| to be obtained by the obligor; or | 17 |
| (ii) the obligor does not obtain medical insurance | 18 |
| for the child within 90 days of the date of the court | 19 |
| order requiring the obligor to obtain insurance for the | 20 |
| child. | 21 |
| The provisions of subparagraph (i) of paragraph 2.5 of | 22 |
| subsection (c) shall be applied, unless the court makes a | 23 |
| finding that to apply those provisions would be | 24 |
| inappropriate after considering all of the factors listed | 25 |
| in paragraph 2 of subsection (a) of Section 505.
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| The court may order the obligor to reimburse the | 27 |
| obligee for 100% of the premium for placing the child on | 28 |
| his or her health insurance policy.
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| (d) Failure to maintain insurance. The dollar amount of the | 30 |
| premiums
for court-ordered health insurance, or that portion of | 31 |
| the premiums for
which the obligor is responsible in the case | 32 |
| of insurance provided under a
group health insurance plan | 33 |
| through an employer or labor union or trade
union where the | 34 |
| employer or labor union or trade union pays a portion of the
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| premiums, shall be considered an additional child support | 36 |
| obligation owed by
the obligor. Whenever the obligor fails to |
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| provide or maintain health
insurance pursuant to an order for | 2 |
| support, the obligor shall be liable to the
obligee for the | 3 |
| dollar amount of the premiums which were not paid, and shall
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| also be liable for all medical expenses incurred by the child | 5 |
| which
would
have been paid or reimbursed by the health | 6 |
| insurance which the obligor was
ordered to provide or maintain. | 7 |
| In addition, the obligee may petition the court
to modify the | 8 |
| order based solely on the obligor's failure to pay the premiums
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| for court-ordered health insurance.
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| (e) Authorization for payment. The signature of the obligee | 11 |
| is a valid
authorization to the insurer to process a claim for | 12 |
| payment under the
insurance plan to the provider of the health | 13 |
| care services or to the obligee.
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| (f) Disclosure of information. The obligor's employer or | 15 |
| labor union
or trade union shall disclose to the obligee or | 16 |
| Public Office, upon request,
information concerning any | 17 |
| dependent coverage plans which would be made
available to a new | 18 |
| employee or labor union member or trade union member. The
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| employer or labor union or trade union shall disclose such | 20 |
| information whether
or not a court order for medical support | 21 |
| has been entered.
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| (g) Employer obligations. If a parent is required by an
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| order for support to provide coverage for a child's health care
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| expenses and if that coverage is available to the parent | 25 |
| through an employer
who does business in this State, the | 26 |
| employer must do all of the
following upon receipt of a copy of | 27 |
| the order of support or order for
withholding:
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| (1) The employer shall, upon the parent's request, | 29 |
| permit the parent to
include in that coverage a
child who | 30 |
| is otherwise eligible for that coverage, without regard to | 31 |
| any
enrollment season restrictions that might otherwise be | 32 |
| applicable as
to the time period within which the child may | 33 |
| be added to that coverage.
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| (2) If the parent has health care coverage through the | 35 |
| employer but fails
to apply for coverage
of the child, the | 36 |
| employer shall include the child in the parent's coverage
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| upon application by the child's other parent or the | 2 |
| Illinois Department of
Public Aid.
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| (3) The employer may not eliminate any child from the | 4 |
| parent's health care
coverage unless the employee is no | 5 |
| longer employed by the employer and no
longer covered under | 6 |
| the employer's group health plan or unless the employer is
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| provided with satisfactory written evidence of
either of | 8 |
| the following:
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| (A) The order for support is no longer in effect.
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| (B) The child is or will be included in a | 11 |
| comparable health care plan
obtained by the parent | 12 |
| under such order that is currently in effect or will
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| take effect no later than the date the prior coverage | 14 |
| is terminated.
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| The employer may eliminate a child from a parent's | 16 |
| health care plan
obtained by the parent under such order if | 17 |
| the employer has eliminated
dependent health care coverage | 18 |
| for all of its employees.
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| (Source: P.A. 92-16, eff. 6-28-01; 92-876, eff. 6-1-03.)
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| Section 10. The Illinois Parentage Act of 1984 is amended | 21 |
| by changing Section 14 as follows:
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| (750 ILCS 45/14) (from Ch. 40, par. 2514)
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| Sec. 14. Judgment.
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| (a) (1) The judgment shall contain or explicitly reserve
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| 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
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| 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 |
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| the Illinois Marriage and Dissolution of Marriage
Act, | 2 |
| including Section 609. Specifically, in determining the amount | 3 |
| of any
child support award or child health insurance coverage , | 4 |
| the
court shall use the guidelines and standards set forth in | 5 |
| subsection (a) of
Section 505 and in Section 505.2 of the | 6 |
| Illinois Marriage and Dissolution of
Marriage Act. For purposes | 7 |
| of Section
505 of the Illinois Marriage and Dissolution of | 8 |
| Marriage Act,
"net income" of the non-custodial parent shall | 9 |
| include any benefits
available to that person under the | 10 |
| Illinois Public Aid Code or from other
federal, State or local | 11 |
| government-funded programs. The court shall, in
any event and | 12 |
| regardless of the amount of the non-custodial parent's net
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| income, in its judgment order the non-custodial parent to pay | 14 |
| child support
to the custodial parent in a minimum amount of | 15 |
| not less than $10 per month.
In an action brought within 2 | 16 |
| years after a child's birth, the judgment or
order may direct | 17 |
| either parent to pay the reasonable expenses incurred by
either | 18 |
| parent related to the mother's pregnancy and the delivery of | 19 |
| the
child. The judgment or order shall contain the father's | 20 |
| social security number,
which the father shall disclose to the | 21 |
| court; however, failure to include the
father's social security | 22 |
| number on the judgment or order does not invalidate
the | 23 |
| judgment or order.
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| (2) If a judgment of parentage contains no explicit award | 25 |
| of custody,
the establishment of a support obligation or of | 26 |
| visitation rights in one
parent shall be considered a judgment | 27 |
| granting custody to the other parent.
If the parentage judgment | 28 |
| contains no such provisions, custody shall be
presumed to be | 29 |
| with the mother;
however, the presumption shall not apply if | 30 |
| the father has had
physical custody for at least 6
months prior | 31 |
| to the date that the mother seeks to enforce custodial rights.
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| (b) The court shall order all child support payments, | 33 |
| determined in
accordance with such guidelines, to commence with | 34 |
| the date summons is
served. The level of current periodic | 35 |
| support payments shall not be
reduced because of payments set | 36 |
| for the period prior to the date of entry
of the support order. |
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| The Court may order any child support payments to be
made for a
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| period prior to the commencement of the action.
In determining | 3 |
| whether and the extent to which the
payments shall be made for | 4 |
| any prior period, the court shall consider all
relevant facts, | 5 |
| including the factors for determining the amount of support
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| specified in the Illinois Marriage and Dissolution of Marriage
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| Act and other equitable factors
including but not limited to:
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| (1) The father's prior knowledge of the fact and | 9 |
| circumstances of the
child's birth.
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| (2) The father's prior willingness or refusal to help | 11 |
| raise or
support the child.
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| (3) The extent to which the mother or the public agency | 13 |
| bringing the
action previously informed the father of the | 14 |
| child's needs or attempted
to seek or require his help in | 15 |
| raising or supporting the child.
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| (4) The reasons the mother or the public agency did not | 17 |
| file the
action earlier.
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| (5) The extent to which the father would be prejudiced | 19 |
| by the delay in
bringing the action.
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| For purposes of determining the amount of child support to | 21 |
| be paid for any
period before the date the order for current | 22 |
| child support is entered, there is
a
rebuttable presumption | 23 |
| that the father's net income for the prior period was
the same | 24 |
| as his net income at the time the order for current child | 25 |
| support is
entered.
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| If (i) the non-custodial parent was properly served with a | 27 |
| request for
discovery of
financial information relating to the | 28 |
| non-custodial parent's ability to provide
child support, (ii)
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| the non-custodial parent failed to comply with the request, | 30 |
| despite having been
ordered to
do so by the court, and (iii) | 31 |
| the non-custodial parent 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 | 34 |
| non-custodial parent's ability to provide child
support
that | 35 |
| was
obtained pursuant to subpoena and proper notice shall be | 36 |
| admitted into evidence
without
the need to establish any |
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| further foundation for its admission.
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| (c) Any new or existing support order entered by the court | 3 |
| under this
Section shall be deemed to be a series of judgments
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| against the person obligated to pay support thereunder, each | 5 |
| judgment
to be in the amount of each payment or installment of | 6 |
| support and each such
judgment to be deemed entered as of the | 7 |
| date the corresponding payment or
installment becomes due under | 8 |
| the terms of the support order. Each
judgment shall have the | 9 |
| full force, effect and attributes of any other
judgment of this | 10 |
| State, including the ability to be enforced.
A lien arises by | 11 |
| operation of law against the real and personal property of
the | 12 |
| noncustodial parent for each installment of overdue support | 13 |
| owed by the
noncustodial parent.
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| (d) If the judgment or order of the court is at variance | 15 |
| with the child's
birth certificate, the court shall order that | 16 |
| a new birth certificate be
issued under the Vital Records Act.
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| (e) On request of the mother and the father, the court | 18 |
| shall order a
change in the child's name. After hearing | 19 |
| evidence the court may stay
payment of support during the | 20 |
| period of the father's minority or period of
disability.
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| (f) If, upon a showing of proper service, the father fails | 22 |
| to appear in
court, or
otherwise appear as provided by law, the | 23 |
| court may proceed to hear the
cause upon testimony of the | 24 |
| mother or other parties taken in open court and
shall enter a | 25 |
| judgment by default. The court may reserve any order as to
the | 26 |
| amount of child support until the father has received notice, | 27 |
| by
regular mail, of a hearing on the matter.
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| (g) A one-time charge of 20% is imposable upon the amount | 29 |
| of past-due
child support owed on July 1, 1988 which has | 30 |
| accrued under a support order
entered by the court. The charge | 31 |
| shall be imposed in accordance with the
provisions of Section | 32 |
| 10-21 of the Illinois Public Aid Code and shall be
enforced by | 33 |
| the court upon petition.
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| (h) All orders for support, when entered or
modified, shall | 35 |
| include a provision requiring the non-custodial parent
to
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| notify the court and, in cases in which party is receiving |
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| child
support enforcement services under Article X of the | 2 |
| Illinois Public Aid Code,
the
Illinois Department of Public | 3 |
| Aid, within 7 days, (i) of the name and
address of any new | 4 |
| employer of the non-custodial parent, (ii) whether the
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| non-custodial
parent has access to health insurance coverage | 6 |
| through the employer or other
group coverage and, if so, the | 7 |
| policy name and number and the names of
persons
covered under | 8 |
| the policy, and (iii) of any new residential or mailing address
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| or telephone
number of the non-custodial parent. In any | 10 |
| subsequent action to enforce a
support order, upon a sufficient | 11 |
| showing that a diligent effort has been made
to ascertain the | 12 |
| location of the non-custodial parent, service of process or
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| provision of notice necessary in the case may be made at the | 14 |
| last known
address of the non-custodial parent in any manner | 15 |
| expressly provided by the
Code of Civil Procedure or this Act, | 16 |
| which service shall be sufficient for
purposes of due process.
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| (i) An order for support shall include a date on which the | 18 |
| current
support obligation terminates. The termination date | 19 |
| shall be no earlier
than
the date on which the child covered by | 20 |
| the order will attain the age of
18. However, if the child will | 21 |
| not graduate from high school until after
attaining the age
of | 22 |
| 18, then the termination date shall be no earlier than the | 23 |
| earlier of the
date on which
the child's high school graduation | 24 |
| will occur or the date on which the child
will attain the
age | 25 |
| of 19.
The order
for
support shall state that
the termination | 26 |
| date does not apply to any arrearage that may remain unpaid on
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| that date. Nothing in this subsection shall be construed to | 28 |
| prevent the court
from modifying the order
or terminating the | 29 |
| order in the event the child is otherwise emancipated.
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| (i-5) If there is an unpaid arrearage or delinquency (as | 31 |
| those terms are defined in the Income Withholding for Support | 32 |
| Act) equal to at least one month's support obligation on the | 33 |
| termination date stated in the order for support or, if there | 34 |
| is no termination date stated in the order, on the date the | 35 |
| child attains the age of majority or is otherwise emancipated, | 36 |
| the periodic amount required to be paid for current support of |
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| that child immediately prior to that date shall automatically | 2 |
| continue to be an obligation, not as current support but as | 3 |
| periodic payment toward satisfaction of the unpaid arrearage or | 4 |
| delinquency. That periodic payment shall be in addition to any | 5 |
| periodic payment previously required for satisfaction of the | 6 |
| arrearage or delinquency. The total periodic amount to be paid | 7 |
| toward satisfaction of the arrearage or delinquency may be | 8 |
| enforced and collected by any method provided by law for | 9 |
| enforcement and collection of child support, including but not | 10 |
| limited to income withholding under the Income Withholding for | 11 |
| Support Act. Each order for support entered or modified on or | 12 |
| after the effective date of this amendatory Act of the 93rd | 13 |
| General Assembly must contain a statement notifying the parties | 14 |
| of the requirements of this subsection. Failure to include the | 15 |
| statement in the order for support does not affect the validity | 16 |
| of the order or the operation of the provisions of this | 17 |
| subsection with regard to the order. This subsection shall not | 18 |
| be construed to prevent or affect the establishment or | 19 |
| modification of an order for support of a minor child or the | 20 |
| establishment or modification of an order for support of a | 21 |
| non-minor child or educational expenses under Section 513 of | 22 |
| the Illinois Marriage and Dissolution of Marriage Act.
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| (j) An order entered under this Section shall include a | 24 |
| provision
requiring the obligor to report to the obligee and to | 25 |
| the clerk of court within
10 days each time the obligor obtains | 26 |
| new employment, and each time the
obligor's employment is | 27 |
| terminated for any reason.
The report shall be in writing and | 28 |
| shall, in the case of new employment,
include the name and | 29 |
| address of the new employer.
Failure to report new employment | 30 |
| or
the termination of current employment, if coupled with | 31 |
| nonpayment of support
for a period in excess of 60 days, is | 32 |
| indirect criminal contempt. For
any obligor arrested for | 33 |
| failure to report new employment bond shall be set in
the | 34 |
| amount of the child support that should have been paid during | 35 |
| the period of
unreported employment. An order entered under | 36 |
| this Section shall also include
a provision requiring the |
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| obligor and obligee parents to advise each other of a
change in | 2 |
| residence within 5 days of the change
except when the court | 3 |
| finds that the physical, mental, or emotional health
of a party | 4 |
| or that of a minor child, or both, would be seriously | 5 |
| endangered by
disclosure of the party's address.
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| (Source: P.A. 92-590, eff. 7-1-02; 92-876, eff. 6-1-03; 93-139, | 7 |
| eff. 7-10-03; 93-1061, eff. 1-1-05.)
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