Full Text of SB0452 94th General Assembly
SB0452enr 94TH GENERAL ASSEMBLY
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LRB094 05502 DRJ 35549 b |
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| AN ACT concerning civil law.
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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 Public Aid Code is amended by | 5 |
| changing Sections 10-1 and 10-16.5 as follows:
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| (305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
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| Sec. 10-1. Declaration of Public Policy - Persons Eligible | 8 |
| for Child Support
Enforcement Services - Fees for | 9 |
| Non-Applicants and
Non-Recipients.) It is the intent of this | 10 |
| Code that the financial aid
and social welfare services herein | 11 |
| provided supplement rather than
supplant the primary and | 12 |
| continuing obligation of the family unit for
self-support to | 13 |
| the fullest extent permitted by the resources available
to it. | 14 |
| This primary and continuing obligation applies whether the | 15 |
| family
unit of parents and children or of husband and wife | 16 |
| remains intact and
resides in a common household or whether the | 17 |
| unit has been broken by
absence of one or more members of the | 18 |
| unit. The obligation of the
family unit is particularly | 19 |
| applicable when a member is in necessitous
circumstances and | 20 |
| lacks the means of a livelihood compatible with health
and | 21 |
| well-being.
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| It is the purpose of this Article to provide for locating | 23 |
| an absent
parent or spouse, for determining his financial | 24 |
| circumstances, and for
enforcing his legal obligation of | 25 |
| support, if he is able to furnish
support, in whole or in part. | 26 |
| The Illinois Department of Public Aid shall give
priority to | 27 |
| establishing, enforcing
and collecting the current support | 28 |
| obligation, and then to past due support
owed to the family | 29 |
| unit, except with respect to collections effected
through the | 30 |
| intercept programs provided for in this Article.
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| The child support enforcement services provided hereunder
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| shall be
furnished dependents of an absent parent or spouse who |
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| are applicants
for or recipients of financial aid under this | 2 |
| Code. It is not,
however, a condition of eligibility for | 3 |
| financial aid that there be no
responsible relatives who are | 4 |
| reasonably able to provide support. Nor,
except as provided in | 5 |
| Sections 4-1.7 and 10-8, shall the existence of
such relatives | 6 |
| or their payment of support contributions disqualify a
needy | 7 |
| person for financial aid.
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| By accepting financial aid under this Code, a spouse or a | 9 |
| parent or
other person having custody of a child shall be | 10 |
| deemed to have made
assignment to the Illinois Department for | 11 |
| aid under Articles III, IV,
V and VII or to a local | 12 |
| governmental unit for aid under Article VI of
any and all | 13 |
| rights, title, and interest in any support obligation , | 14 |
| including statutory interest thereon, up to
the amount of | 15 |
| financial aid provided. The rights to support assigned to
the | 16 |
| Illinois Department of Public Aid or local governmental unit | 17 |
| shall
constitute an
obligation owed the State or local | 18 |
| governmental unit by the person who
is responsible for | 19 |
| providing the support, and shall be collectible under
all | 20 |
| applicable processes.
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| The Illinois Department of Public Aid shall also furnish | 22 |
| the child support enforcement services established under this | 23 |
| Article in
behalf of persons who
are not applicants for or | 24 |
| recipients of financial aid
under this Code in accordance with | 25 |
| the requirements of Title IV, Part D of the
Social Security | 26 |
| Act. The Department may
establish a schedule of reasonable | 27 |
| fees, to be paid for the services
provided and may deduct a | 28 |
| collection fee, not to exceed 10% of the amount
collected, from | 29 |
| such collection.
The Illinois Department of Public Aid shall | 30 |
| cause to be published and
distributed publications
reasonably | 31 |
| calculated to inform the public that individuals who are not
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| recipients of or applicants for public aid under this Code are | 33 |
| eligible
for the child support enforcement services under this
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| Article X. Such
publications
shall set forth an explanation, in | 35 |
| plain language, that the child
support enforcement services | 36 |
| program is independent of any public
aid program under the Code |
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| and that the receiving of child
support
enforcement services in | 2 |
| no way implies that the person
receiving such services is | 3 |
| receiving
public aid.
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| (Source: P.A. 92-590, eff. 7-1-02.)
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| (305 ILCS 5/10-16.5)
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| Sec. 10-16.5. Interest on support obligations. A support | 7 |
| obligation, or
any portion of a support obligation, which | 8 |
| becomes due and remains unpaid as of the end of each month, | 9 |
| excluding the child support that was due for that month to the | 10 |
| extent that it was not paid in that month,
for
30 days or more
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| shall accrue simple interest as set forth in Section 12-109 of | 12 |
| the Code of Civil Procedure
at the rate of 9% per annum .
An | 13 |
| order for support entered or modified on or after January 1, | 14 |
| 2006
2002 shall
contain a statement that a support obligation | 15 |
| required under the order, or any
portion of a support | 16 |
| obligation required under the order, that becomes due and
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| remains unpaid as of the end of each month, excluding the child | 18 |
| support that was due for that month to the extent that it was | 19 |
| not paid in that month,
for 30 days or more shall accrue simple | 20 |
| interest as set forth in Section 12-109 of the Code of Civil | 21 |
| Procedure
at the rate of
9% per annum . Failure to include the | 22 |
| statement in the order for support does
not affect the validity | 23 |
| of the order or the accrual of interest as provided in
this | 24 |
| Section.
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| (Source: P.A. 91-397, eff. 1-1-00; 92-374, eff. 8-15-01.)
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| Section 10. The Code of Civil Procedure is amended by | 27 |
| changing Section 12-109 as follows:
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| (735 ILCS 5/12-109) (from Ch. 110, par. 12-109)
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| Sec. 12-109. Interest on judgments. | 30 |
| (a) Every judgment except those
arising by operation of law | 31 |
| from child support orders shall bear interest
thereon as | 32 |
| provided in Section 2-1303. | 33 |
| (b) Every judgment arising by
operation of law from a child |
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| support order shall bear interest as provided
in this | 2 |
| subsection. The interest on judgments arising by operation of | 3 |
| law from child support orders shall be calculated by applying | 4 |
| one-twelfth of the current statutory interest rate as provided | 5 |
| in Section 2-1303 to the unpaid child support balance as of the | 6 |
| end of each calendar month. The unpaid child support balance at | 7 |
| the end of the month is the total amount of child support | 8 |
| ordered, excluding the child support that was due for that | 9 |
| month to the extent that it was not paid in that month and | 10 |
| including judgments for retroactive child support, less all | 11 |
| payments received and applied as set forth in this subsection. | 12 |
| The accrued interest shall not be included in the unpaid child | 13 |
| support balance when calculating interest at the end of the | 14 |
| month. The unpaid child support balance as of the end of each | 15 |
| month shall be determined by calculating the current monthly | 16 |
| child support obligation and applying all payments received for | 17 |
| that month, except federal income tax refund intercepts, first | 18 |
| to the current monthly child support obligation and then | 19 |
| applying any payments in excess of the current monthly child | 20 |
| support obligation to the unpaid child support balance owed | 21 |
| from previous months. The current monthly child support | 22 |
| obligation shall be determined from the document that | 23 |
| established the support obligation. Federal income tax refund | 24 |
| intercepts and any payments in excess of the current monthly | 25 |
| child support obligation shall be applied to the unpaid child | 26 |
| support balance. Any payments in excess of the current monthly | 27 |
| child support obligation and the unpaid child support balance | 28 |
| shall be applied to the accrued interest on the unpaid child | 29 |
| support balance. Interest on child support obligations may be | 30 |
| collected by any means available under federal and State laws, | 31 |
| rules, and regulations providing for the collection of child | 32 |
| support.
Section 2-1303 commencing 30 days from the effective | 33 |
| date of each such judgment.
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| (Source: P.A. 85-2.)
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| Section 15. The Illinois Marriage and Dissolution of |
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| Marriage Act is amended by changing Section 505 as follows:
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| (750 ILCS 5/505) (from Ch. 40, par. 505)
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| Sec. 505. Child support; contempt; penalties.
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| (a) In a proceeding for dissolution of marriage, legal | 5 |
| separation,
declaration of invalidity of marriage, a | 6 |
| proceeding for child support
following dissolution of the | 7 |
| marriage by a court which lacked personal
jurisdiction over the | 8 |
| absent spouse, a proceeding for modification of a
previous | 9 |
| order for child support under Section 510 of this Act, or any
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| proceeding authorized under Section 501 or 601 of this Act, the | 11 |
| court may
order either or both parents owing a duty of support | 12 |
| to a child of the
marriage to pay an amount reasonable and | 13 |
| necessary for his support, without
regard to marital | 14 |
| misconduct. The duty of support owed to a child
includes the | 15 |
| obligation to provide for the reasonable and necessary
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| physical, mental and emotional health needs of the child.
For | 17 |
| purposes of this Section, the term "child" shall include any | 18 |
| child under
age 18 and
any child under age 19 who is still | 19 |
| attending high school.
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| (1) The Court shall determine the minimum amount of | 21 |
| support by using the
following guidelines:
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22 | | Number of Children |
Percent of Supporting Party's |
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23 | | |
Net Income |
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24 | | 1 |
20% |
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25 | | 2 |
28% |
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26 | | 3 |
32% |
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27 | | 4 |
40% |
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28 | | 5 |
45% |
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29 | | 6 or more |
50% |
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| (2) The above guidelines shall be applied in each case | 31 |
| unless the court
makes a finding that application of the | 32 |
| guidelines would be
inappropriate, after considering the | 33 |
| best interests of the child in light of
evidence including | 34 |
| but not limited to one or more of the following relevant
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| factors:
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| (a) the financial resources and needs of the child;
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| (b) the financial resources and needs of the | 3 |
| custodial parent;
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| (c) the standard of living the child would have | 5 |
| enjoyed had the
marriage not been dissolved;
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| (d) the physical and emotional condition of the | 7 |
| child, and his
educational needs; and
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| (e) the financial resources and needs of the | 9 |
| non-custodial parent.
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| If the court deviates from the guidelines, the court's | 11 |
| finding
shall state the amount of support that would have | 12 |
| been required under the
guidelines, if determinable. The | 13 |
| court shall include the reason or reasons for
the variance | 14 |
| from the
guidelines.
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| (3) "Net income" is defined as the total of all income | 16 |
| from all
sources, minus the following deductions:
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| (a) Federal income tax (properly calculated | 18 |
| withholding or estimated
payments);
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| (b) State income tax (properly calculated | 20 |
| withholding or estimated
payments);
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| (c) Social Security (FICA payments);
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| (d) Mandatory retirement contributions required by | 23 |
| law or as a
condition of employment;
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| (e) Union dues;
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| (f) Dependent and individual | 26 |
| health/hospitalization insurance premiums;
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| (g) Prior obligations of support or maintenance | 28 |
| actually paid pursuant
to a court order;
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| (h) Expenditures for repayment of debts that | 30 |
| represent reasonable and
necessary expenses for the | 31 |
| production of income, medical expenditures
necessary | 32 |
| to preserve life or health, reasonable expenditures | 33 |
| for the
benefit of the child and the other parent, | 34 |
| exclusive of gifts. The court
shall reduce net income | 35 |
| in determining the minimum amount of support to be
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| ordered only for the period that such payments are due |
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| and shall enter an
order containing provisions for its | 2 |
| self-executing modification upon
termination of such | 3 |
| payment period.
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| (4) In cases where the court order provides for
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| health/hospitalization insurance coverage pursuant to | 6 |
| Section 505.2 of
this Act, the premiums for that insurance, | 7 |
| or that portion of the premiums
for which the supporting | 8 |
| party is responsible in the case of insurance
provided | 9 |
| through an employer's health insurance plan where
the | 10 |
| employer pays a portion of the premiums, shall be | 11 |
| subtracted
from net income in determining the minimum | 12 |
| amount of support to be ordered.
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| (4.5) In a proceeding for child support following | 14 |
| dissolution of the
marriage by a court that lacked personal | 15 |
| jurisdiction over the absent spouse,
and in which the court | 16 |
| is requiring payment of support for the period before
the | 17 |
| date an order for current support is entered, there is a | 18 |
| rebuttable
presumption
that the supporting party's net | 19 |
| income for the prior period was the same as his
or her net | 20 |
| income at the time the order for current support is | 21 |
| entered.
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| (5) If the net income cannot be determined because of | 23 |
| default or any
other reason, the court shall order support | 24 |
| in an amount considered
reasonable in the particular case. | 25 |
| The final order in all cases shall
state the support level | 26 |
| in dollar amounts.
However, if the
court finds that the | 27 |
| child support amount cannot be expressed exclusively as a
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| dollar amount because all or a portion of the payor's net | 29 |
| income is uncertain
as to source, time of payment, or | 30 |
| amount, the court may order a percentage
amount of support | 31 |
| in addition to a specific dollar amount and enter
such | 32 |
| other orders as may be necessary to determine and enforce, | 33 |
| on a timely
basis, the applicable support ordered.
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| (6) If (i) the non-custodial parent was properly served | 35 |
| with a request
for
discovery of financial information | 36 |
| relating to the non-custodial parent's
ability to
provide |
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| child support, (ii) the non-custodial parent failed to | 2 |
| comply with the
request,
despite having been ordered to do | 3 |
| so by the court, and (iii) the non-custodial
parent is not | 4 |
| present at the hearing to determine support despite having
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| received
proper notice, then any relevant financial | 6 |
| information concerning the
non-custodial parent's ability | 7 |
| to provide child support that was obtained
pursuant to
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| subpoena and proper notice shall be admitted into evidence | 9 |
| without the need to
establish any further foundation for | 10 |
| its admission.
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| (a-5) In an action to enforce an order for support based on | 12 |
| the
respondent's failure
to make support payments as required | 13 |
| by the order, notice of proceedings to
hold the respondent in | 14 |
| contempt for that failure may be served on the
respondent by | 15 |
| personal service or by regular mail addressed to the | 16 |
| respondent's
last known address. The respondent's last known | 17 |
| address may be determined from
records of the clerk of the | 18 |
| court, from the Federal Case Registry of Child
Support Orders, | 19 |
| or by any other reasonable means.
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| (b) Failure of either parent to comply with an order to pay | 21 |
| support shall
be punishable as in other cases of contempt. In | 22 |
| addition to other
penalties provided by law the Court may, | 23 |
| after finding the parent guilty
of contempt, order that the | 24 |
| parent be:
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| (1) placed on probation with such conditions of | 26 |
| probation as the Court
deems advisable;
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| (2) sentenced to periodic imprisonment for a period not | 28 |
| to exceed 6
months; provided, however, that the Court may | 29 |
| permit the parent to be
released for periods of time during | 30 |
| the day or night to:
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| (A) work; or
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| (B) conduct a business or other self-employed | 33 |
| occupation.
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| The Court may further order any part or all of the earnings | 35 |
| of a parent
during a sentence of periodic imprisonment paid to | 36 |
| the Clerk of the Circuit
Court or to the parent having custody |
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| or to the guardian having custody
of the children of the | 2 |
| sentenced parent for the support of said
children until further | 3 |
| order of the Court.
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| If there is a unity of interest and ownership sufficient to | 5 |
| render no
financial separation between a non-custodial parent | 6 |
| and another person or
persons or business entity, the court may | 7 |
| pierce the ownership veil of the
person, persons, or business | 8 |
| entity to discover assets of the non-custodial
parent held in | 9 |
| the name of that person, those persons, or that business | 10 |
| entity.
The following circumstances are sufficient to | 11 |
| authorize a court to order
discovery of the assets of a person, | 12 |
| persons, or business entity and to compel
the application of | 13 |
| any discovered assets toward payment on the judgment for
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| support:
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| (1) the non-custodial parent and the person, persons, | 16 |
| or business entity
maintain records together.
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| (2) the non-custodial parent and the person, persons, | 18 |
| or business entity
fail to maintain an arms length | 19 |
| relationship between themselves with regard to
any assets.
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| (3) the non-custodial parent transfers assets to the | 21 |
| person, persons,
or business entity with the intent to | 22 |
| perpetrate a fraud on the custodial
parent.
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| With respect to assets which
are real property, no order | 24 |
| entered under this paragraph shall affect the
rights of bona | 25 |
| fide purchasers, mortgagees, judgment creditors, or other lien
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| holders who acquire their interests in the property prior to | 27 |
| the time a notice
of lis pendens pursuant to the Code of Civil | 28 |
| Procedure or a copy of the order
is placed of record in the | 29 |
| office of the recorder of deeds for the county in
which the | 30 |
| real property is located.
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| The court may also order in cases where the parent is 90 | 32 |
| days or more
delinquent in payment of support or has been | 33 |
| adjudicated in arrears in an
amount equal to 90 days obligation | 34 |
| or more, that the parent's Illinois driving
privileges be | 35 |
| suspended until the court
determines that the parent is in | 36 |
| compliance with the order of support.
The court may also order |
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| that the parent be issued a family financial
responsibility | 2 |
| driving permit that would allow limited driving privileges for
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| employment and medical purposes in accordance with Section | 4 |
| 7-702.1 of the
Illinois Vehicle Code. The clerk of the circuit | 5 |
| court shall certify the order
suspending the driving privileges | 6 |
| of the parent or granting the issuance of a
family financial | 7 |
| responsibility driving permit to the Secretary of State on
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| forms prescribed by the Secretary. Upon receipt of the | 9 |
| authenticated
documents, the Secretary of State shall suspend | 10 |
| the parent's driving privileges
until further order of the | 11 |
| court and shall, if ordered by the court, subject to
the | 12 |
| provisions of Section 7-702.1 of the Illinois Vehicle Code, | 13 |
| issue a family
financial responsibility driving permit to the | 14 |
| parent.
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| In addition to the penalties or punishment that may be | 16 |
| imposed under this
Section, any person whose conduct | 17 |
| constitutes a violation of Section 15 of the
Non-Support | 18 |
| Punishment Act may be prosecuted under that Act, and a person
| 19 |
| convicted under that Act may be sentenced in accordance with | 20 |
| that Act. The
sentence may include but need not be limited to a | 21 |
| requirement that the person
perform community service under | 22 |
| Section 50 of that Act or participate in a work
alternative | 23 |
| program under Section 50 of that Act. A person may not be | 24 |
| required
to participate in a work alternative program under | 25 |
| Section 50 of that Act if
the person is currently participating | 26 |
| in a work program pursuant to Section
505.1 of this Act.
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| A support obligation, or any portion of a support | 28 |
| obligation, which becomes
due and remains unpaid as of the end | 29 |
| of each month, excluding the child support that was due for | 30 |
| that month to the extent that it was not paid in that month,
| 31 |
| for 30 days or more shall accrue simple interest as set forth | 32 |
| in Section 12-109 of the Code of Civil Procedure
at
the rate of | 33 |
| 9% per annum .
An order for support entered or modified on or | 34 |
| after January 1, 2006
2002 shall
contain a statement that a | 35 |
| support obligation required under the order, or any
portion of | 36 |
| a support obligation required under the order, that becomes due |
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| and
remains unpaid as of the end of each month, excluding the | 2 |
| child support that was due for that month to the extent that it | 3 |
| was not paid in that month,
for 30 days or more shall accrue | 4 |
| simple interest as set forth in Section 12-109 of the Code of | 5 |
| Civil Procedure
at the rate of
9% per annum . Failure to include | 6 |
| the statement in the order for support does
not affect the | 7 |
| validity of the order or the accrual of interest as provided in
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| this Section.
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| (c) A one-time charge of 20% is imposable upon the amount | 10 |
| of
past-due child support owed on July 1, 1988 which has | 11 |
| accrued under a
support order entered by the court. The charge | 12 |
| shall be imposed in
accordance with the provisions of Section | 13 |
| 10-21 of the Illinois Public Aid
Code and shall be enforced by | 14 |
| the court upon petition.
| 15 |
| (d) Any new or existing support order entered by the court
| 16 |
| under this Section shall be deemed to be a series of judgments | 17 |
| against the
person obligated to pay support thereunder, each | 18 |
| such judgment to be in the
amount of each payment or | 19 |
| installment of support and each such judgment to
be deemed | 20 |
| entered as of the date the corresponding payment or installment
| 21 |
| becomes due under the terms of the support order. Each such | 22 |
| judgment shall
have the full force, effect and attributes of | 23 |
| any other judgment of this
State, including the ability to be | 24 |
| enforced.
A lien arises by operation of law against the real | 25 |
| and personal property of
the noncustodial parent for each | 26 |
| installment of overdue support owed by the
noncustodial parent.
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| (e) When child support is to be paid through the clerk of | 28 |
| the court in a
county of 1,000,000 inhabitants or less, the | 29 |
| order shall direct the obligor
to pay to the clerk, in addition | 30 |
| to the child support payments, all fees
imposed by the county | 31 |
| board under paragraph (3) of subsection (u) of
Section 27.1 of | 32 |
| the Clerks of Courts Act. Unless paid in cash or pursuant to
an | 33 |
| order for withholding, the payment of the fee shall be by a | 34 |
| separate
instrument from the support payment and shall be made | 35 |
| to the order of the
Clerk.
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| (f) All orders for support, when entered or
modified, shall |
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| include a provision requiring the obligor to notify
the court | 2 |
| and, in cases in which a party is receiving child and spouse
| 3 |
| services under Article X of the Illinois Public Aid Code, the
| 4 |
| Illinois Department of Public Aid, within 7 days, (i) of the | 5 |
| name and address
of any new employer of the obligor, (ii) | 6 |
| whether the obligor has access to
health insurance coverage | 7 |
| through the employer or other group coverage and,
if so, the | 8 |
| policy name and number and the names of persons covered under
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| the policy, and (iii) of any new residential or mailing address | 10 |
| or telephone
number of the non-custodial parent. In any | 11 |
| subsequent action to enforce a
support order, upon a sufficient | 12 |
| showing that a diligent effort has been made
to ascertain the | 13 |
| location of the non-custodial parent, service of process or
| 14 |
| provision of notice necessary in the case may be made at the | 15 |
| last known
address of the non-custodial parent in any manner | 16 |
| expressly provided by the
Code of Civil Procedure or this Act, | 17 |
| which service shall be sufficient for
purposes of due process.
| 18 |
| (g) An order for support shall include a date on which the | 19 |
| current
support obligation terminates. The termination date | 20 |
| shall be no earlier than
the date on which the child covered by | 21 |
| the order will attain the age of
18. However, if the child will | 22 |
| not graduate from high school until after
attaining the age of | 23 |
| 18, then the termination date shall be no earlier than the
| 24 |
| earlier of the date on which the child's high school graduation | 25 |
| will occur or
the date on which the child will attain the age | 26 |
| of 19. The order for support
shall state that the termination | 27 |
| date does not apply to any arrearage that may
remain unpaid on | 28 |
| that date. Nothing in this subsection shall be construed to
| 29 |
| prevent the court from modifying the order or terminating the | 30 |
| order in the
event the child is otherwise emancipated.
| 31 |
| (g-5) If there is an unpaid arrearage or delinquency (as | 32 |
| those terms are defined in the Income Withholding for Support | 33 |
| Act) equal to at least one month's support obligation on the | 34 |
| termination date stated in the order for support or, if there | 35 |
| is no termination date stated in the order, on the date the | 36 |
| child attains the age of majority or is otherwise emancipated, |
|
|
|
SB0452 Enrolled |
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LRB094 05502 DRJ 35549 b |
|
| 1 |
| the periodic amount required to be paid for current support of | 2 |
| that child immediately prior to that date shall automatically | 3 |
| continue to be an obligation, not as current support but as | 4 |
| periodic payment toward satisfaction of the unpaid arrearage or | 5 |
| delinquency. That periodic payment shall be in addition to any | 6 |
| periodic payment previously required for satisfaction of the | 7 |
| arrearage or delinquency. The total periodic amount to be paid | 8 |
| toward satisfaction of the arrearage or delinquency may be | 9 |
| enforced and collected by any method provided by law for | 10 |
| enforcement and collection of child support, including but not | 11 |
| limited to income withholding under the Income Withholding for | 12 |
| Support Act. Each order for support entered or modified on or | 13 |
| after the effective date of this amendatory Act of the 93rd | 14 |
| General Assembly must contain a statement notifying the parties | 15 |
| of the requirements of this subsection. Failure to include the | 16 |
| statement in the order for support does not affect the validity | 17 |
| of the order or the operation of the provisions of this | 18 |
| subsection with regard to the order. This subsection shall not | 19 |
| be construed to prevent or affect the establishment or | 20 |
| modification of an order for support of a minor child or the | 21 |
| establishment or modification of an order for support of a | 22 |
| non-minor child or educational expenses under Section 513 of | 23 |
| this Act.
| 24 |
| (h) An order entered under this Section shall include a | 25 |
| provision requiring
the obligor to report to the obligee and to | 26 |
| the clerk of court within 10 days
each time the obligor obtains | 27 |
| new employment, and each time the obligor's
employment is | 28 |
| terminated for any reason. The report shall be in writing and
| 29 |
| shall, in the case of new employment, include the name and | 30 |
| address of the new
employer. Failure to report new employment | 31 |
| or the termination of current
employment, if coupled with | 32 |
| nonpayment of support for a period in excess of 60
days, is | 33 |
| indirect criminal contempt. For any obligor arrested for | 34 |
| failure to
report new employment bond shall be set in the | 35 |
| amount of the child support that
should have been paid during | 36 |
| the period of unreported employment. An order
entered under |
|
|
|
SB0452 Enrolled |
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LRB094 05502 DRJ 35549 b |
|
| 1 |
| this Section shall also include a provision requiring the | 2 |
| obligor
and obligee parents to advise each other of a change in | 3 |
| residence within 5 days
of the change except when the court | 4 |
| finds that the physical, mental, or
emotional health of a party | 5 |
| or that of a child, or both, would be
seriously endangered by | 6 |
| disclosure of the party's address.
| 7 |
| (i) The court does not lose the powers of contempt, | 8 |
| driver's license
suspension, or other child support | 9 |
| enforcement mechanisms, including, but
not limited to, | 10 |
| criminal prosecution as set forth in this Act, upon the
| 11 |
| emancipation of the minor child or children.
| 12 |
| (Source: P.A. 92-16, eff. 6-28-01; 92-203, eff. 8-1-01; 92-374, | 13 |
| eff. 8-15-01; 92-651, eff. 7-11-02; 92-876, eff. 6-1-03; | 14 |
| 93-148, eff. 7-10-03; 93-1061, eff. 1-1-05.)
| 15 |
| Section 20. The Non-Support Punishment Act is amended by | 16 |
| changing Sections 20 and 23 as follows:
| 17 |
| (750 ILCS 16/20)
| 18 |
| Sec. 20. Entry of order for support; income withholding.
| 19 |
| (a) In a case in which no court or administrative order for | 20 |
| support is in
effect against the defendant:
| 21 |
| (1) at any time before the trial, upon motion of the | 22 |
| State's Attorney, or
of the Attorney General if the action | 23 |
| has been instituted by his office, and
upon notice to the | 24 |
| defendant, or at the time of arraignment or as a condition
| 25 |
| of postponement of arraignment, the court may enter such | 26 |
| temporary order for
support as may seem just, providing for | 27 |
| the support or maintenance of the
spouse or child or | 28 |
| children of the defendant, or both, pendente lite; or
| 29 |
| (2) before trial with the consent of the defendant, or | 30 |
| at the trial on
entry of a plea of guilty, or after | 31 |
| conviction, instead of imposing the penalty
provided in | 32 |
| this Act, or in addition thereto, the court may enter an | 33 |
| order for
support, subject to modification by the court | 34 |
| from time to time as
circumstances may require, directing |
|
|
|
SB0452 Enrolled |
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LRB094 05502 DRJ 35549 b |
|
| 1 |
| the defendant to pay a certain sum for
maintenance of the | 2 |
| spouse, or for support of the child or children, or both.
| 3 |
| (b) The court shall determine the amount of child support | 4 |
| by using the
guidelines and standards set forth in subsection | 5 |
| (a) of Section 505 and in
Section 505.2 of the Illinois | 6 |
| Marriage and Dissolution of Marriage Act.
| 7 |
| If (i) the non-custodial parent was properly served with a | 8 |
| request for
discovery of financial information relating to the | 9 |
| non-custodial parent's
ability to provide child support, (ii) | 10 |
| the non-custodial parent failed to
comply with the request, | 11 |
| despite having been ordered to do so by the court,
and (iii) | 12 |
| the non-custodial parent is not present at the hearing to | 13 |
| determine
support despite having received proper notice, then | 14 |
| any relevant financial
information concerning the | 15 |
| non-custodial parent's ability to provide support
that was | 16 |
| obtained pursuant to subpoena and proper notice shall be | 17 |
| admitted
into evidence without the need to establish any | 18 |
| further foundation for its
admission.
| 19 |
| (c) The court shall determine the amount of maintenance | 20 |
| using the standards
set forth in Section 504 of the Illinois | 21 |
| Marriage and Dissolution of Marriage
Act.
| 22 |
| (d) The court may, for violation of any order under this | 23 |
| Section, punish the
offender as for a contempt of court, but no | 24 |
| pendente lite order shall remain in
effect longer than 4 | 25 |
| months, or after the discharge of any panel of jurors
summoned | 26 |
| for service thereafter in such court, whichever is sooner.
| 27 |
| (e) Any order for support entered by the court under this | 28 |
| Section shall be
deemed to be a series of judgments against the | 29 |
| person obligated to pay support
under the judgments, each such | 30 |
| judgment to be in the amount of each payment or
installment of | 31 |
| support and each judgment to be deemed entered as of the date
| 32 |
| the corresponding payment or installment becomes due under the | 33 |
| terms of the
support order. Each judgment shall have the full | 34 |
| force, effect, and attributes
of any other judgment of this | 35 |
| State, including the ability to be enforced.
Each judgment is | 36 |
| subject to modification or termination only in accordance with
|
|
|
|
SB0452 Enrolled |
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LRB094 05502 DRJ 35549 b |
|
| 1 |
| Section 510 of the Illinois Marriage and Dissolution of | 2 |
| Marriage Act. A lien
arises by operation of law against the | 3 |
| real and personal property of the
noncustodial parent for each | 4 |
| installment of overdue support owed by the
noncustodial parent.
| 5 |
| (f) An order for support entered under this Section shall | 6 |
| include a
provision requiring the obligor to report to the | 7 |
| obligee and to the clerk of
the court within 10 days each time | 8 |
| the obligor obtains new employment, and each
time the obligor's | 9 |
| employment is terminated for any reason. The report shall
be in | 10 |
| writing and shall, in the case of new employment, include the | 11 |
| name and
address of the new employer.
| 12 |
| Failure to report new employment or the termination of | 13 |
| current employment,
if coupled with nonpayment of support for a | 14 |
| period in excess of 60 days, is
indirect criminal contempt. For | 15 |
| any obligor arrested for failure to report new
employment, bond | 16 |
| shall be set in the amount of the child support that should
| 17 |
| have been paid during the period of unreported
employment.
| 18 |
| An order for support entered under this Section shall also | 19 |
| include a
provision requiring the obligor and obligee parents | 20 |
| to advise each other of a
change in residence within 5 days of | 21 |
| the change except when the court finds
that the physical, | 22 |
| mental, or emotional health of a party or of a minor child,
or | 23 |
| both, would be seriously endangered by disclosure of the | 24 |
| party's address.
| 25 |
| (g) An order for support entered or modified in a case in | 26 |
| which a party is
receiving child support enforcement services | 27 |
| under Article X of the Illinois
Public Aid Code shall include a | 28 |
| provision requiring the noncustodial parent to
notify the | 29 |
| Illinois Department of Public Aid, within 7 days, of the name | 30 |
| and
address of any new employer of the noncustodial parent, | 31 |
| whether the
noncustodial parent has access to health insurance | 32 |
| coverage through the
employer or other group coverage and, if | 33 |
| so, the policy name and number
and the names of persons covered | 34 |
| under the policy.
| 35 |
| (h) In any subsequent action to enforce an order for | 36 |
| support entered under
this Act, upon sufficient showing that |
|
|
|
SB0452 Enrolled |
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LRB094 05502 DRJ 35549 b |
|
| 1 |
| diligent effort has been made to
ascertain the location of the | 2 |
| noncustodial parent, service of process or
provision of notice | 3 |
| necessary in that action may be made at the last known
address | 4 |
| of the noncustodial parent, in any manner expressly provided by | 5 |
| the
Code of Civil Procedure or in this Act, which service shall | 6 |
| be sufficient for
purposes of due process.
| 7 |
| (i) 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 subsection 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.
| 20 |
| (i-5) If there is an unpaid arrearage or delinquency (as | 21 |
| those terms are defined in the Income Withholding for Support | 22 |
| Act) 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 |
| the periodic amount required to be paid for current support of | 27 |
| that child immediately prior to that date shall automatically | 28 |
| continue to be an obligation, not as current support but as | 29 |
| periodic payment toward satisfaction of the unpaid arrearage or | 30 |
| delinquency. That periodic payment shall be in addition to any | 31 |
| periodic payment previously required for satisfaction of the | 32 |
| arrearage or delinquency. The total periodic amount to be paid | 33 |
| toward satisfaction of the arrearage or delinquency may be | 34 |
| enforced and collected by any method provided by law for | 35 |
| enforcement and collection of child support, including but not | 36 |
| limited to income withholding under the Income Withholding for |
|
|
|
SB0452 Enrolled |
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LRB094 05502 DRJ 35549 b |
|
| 1 |
| Support Act. Each order for support entered or modified on or | 2 |
| after the effective date of this amendatory Act of the 93rd | 3 |
| General Assembly must contain a statement notifying the parties | 4 |
| of the requirements of this subsection. Failure to include the | 5 |
| statement in the order for support does not affect the validity | 6 |
| of the order or the operation of the provisions of this | 7 |
| subsection with regard to the order. This subsection shall not | 8 |
| be construed to prevent or affect the establishment or | 9 |
| modification of an order for support of a minor child or the | 10 |
| establishment or modification of an order for support of a | 11 |
| non-minor child or educational expenses under Section 513 of | 12 |
| the Illinois Marriage and Dissolution of Marriage Act.
| 13 |
| (j) A support obligation, or any portion of a support | 14 |
| obligation, which
becomes due and remains unpaid as of the end | 15 |
| of each month, excluding the child support that was due for | 16 |
| that month to the extent that it was not paid in that month,
| 17 |
| for 30 days or more shall accrue simple interest
as set forth | 18 |
| in Section 12-109 of the Code of Civil Procedure
at the rate of | 19 |
| 9% per annum .
An order for support entered or modified on or | 20 |
| after January 1, 2006
2002 shall
contain a statement that a | 21 |
| support obligation required under the order, or any
portion of | 22 |
| a support obligation required under the order, that becomes due | 23 |
| and
remains unpaid as of the end of each month, excluding the | 24 |
| child support that was due for that month to the extent that it | 25 |
| was not paid in that month,
for 30 days or more shall accrue | 26 |
| simple interest as set forth in Section 12-109 of the Code of | 27 |
| Civil Procedure
at the rate of
9% per annum . Failure to include | 28 |
| the statement in the order for support does
not affect the | 29 |
| validity of the order or the accrual of interest as provided in
| 30 |
| this Section.
| 31 |
| (Source: P.A. 92-374, eff. 8-15-01; 92-590, eff. 7-1-02; | 32 |
| 92-876, eff. 6-1-03; 93-1061, eff. 1-1-05.)
| 33 |
| (750 ILCS 16/23)
| 34 |
| Sec. 23. Interest on support obligations. A support | 35 |
| obligation, or any
portion of a support obligation, which |
|
|
|
SB0452 Enrolled |
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LRB094 05502 DRJ 35549 b |
|
| 1 |
| becomes due and remains unpaid as of the end of each month, | 2 |
| excluding the child support that was due for that month to the | 3 |
| extent that it was not paid in that month,
for 30
days or more
| 4 |
| shall accrue interest as set forth in Section 12-109 of the | 5 |
| Code of Civil Procedure
at the rate of 9% per annum .
| 6 |
| (Source: P.A. 91-397, eff. 1-1-00; 92-16, eff. 6-28-01.)
| 7 |
| Section 25. The Income Withholding for Support Act is | 8 |
| amended by changing Section 15 as follows:
| 9 |
| (750 ILCS 28/15)
| 10 |
| Sec. 15. Definitions.
| 11 |
| (a) "Order for support" means any order of the court
which | 12 |
| provides for periodic payment of funds for the support of a | 13 |
| child
or maintenance of a spouse, whether temporary or final, | 14 |
| and includes any
such order which provides for:
| 15 |
| (1) modification or resumption of, or payment of | 16 |
| arrearage , including interest, accrued under,
a previously | 17 |
| existing order;
| 18 |
| (2) reimbursement of support;
| 19 |
| (3) payment or reimbursement of the expenses of | 20 |
| pregnancy and delivery
(for orders for support entered | 21 |
| under the Illinois Parentage Act of 1984 or its
predecessor | 22 |
| the Paternity Act); or
| 23 |
| (4) enrollment in a health insurance plan that is | 24 |
| available to the
obligor through an employer or labor union | 25 |
| or trade union.
| 26 |
| (b) "Arrearage" means the total amount of unpaid support | 27 |
| obligations , including interest,
as determined by the court and | 28 |
| incorporated into an order for support.
| 29 |
| (b-5) "Business day" means a day on which State offices are | 30 |
| open for
regular business.
| 31 |
| (c) "Delinquency" means any payment , including a payment of | 32 |
| interest, under an order for support
which
becomes due and | 33 |
| remains unpaid after entry of the order for
support.
| 34 |
| (d) "Income" means any form of periodic payment to an |
|
|
|
SB0452 Enrolled |
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LRB094 05502 DRJ 35549 b |
|
| 1 |
| individual,
regardless of source, including, but not limited | 2 |
| to: wages, salary,
commission, compensation as an independent | 3 |
| contractor, workers'
compensation, disability, annuity, | 4 |
| pension, and retirement benefits,
lottery prize
awards, | 5 |
| insurance proceeds, vacation pay, bonuses, profit-sharing | 6 |
| payments,
interest,
and any other payments, made by any person, | 7 |
| private entity, federal or
state government, any unit of local | 8 |
| government, school district or any
entity created by Public | 9 |
| Act; however, "income" excludes:
| 10 |
| (1) any amounts required by law to be withheld, other | 11 |
| than creditor
claims, including, but not limited to, | 12 |
| federal, State and local taxes,
Social Security and other | 13 |
| retirement and disability contributions;
| 14 |
| (2) union dues;
| 15 |
| (3) any amounts exempted by the federal Consumer Credit | 16 |
| Protection Act;
| 17 |
| (4) public assistance payments; and
| 18 |
| (5) unemployment insurance benefits except as provided | 19 |
| by law.
| 20 |
| Any other State or local laws which limit or exempt income | 21 |
| or the amount
or percentage of income that can be withheld | 22 |
| shall not apply.
| 23 |
| (e) "Obligor" means the individual who owes a duty to make | 24 |
| payments under an
order for support.
| 25 |
| (f) "Obligee" means the individual to whom a duty of | 26 |
| support is owed or
the individual's legal representative.
| 27 |
| (g) "Payor" means any payor of income to an obligor.
| 28 |
| (h) "Public office" means any elected official or any State | 29 |
| or local agency
which is or may become responsible by law for | 30 |
| enforcement of, or which
is or may become authorized to | 31 |
| enforce, an order for support, including,
but not limited to: | 32 |
| the Attorney General, the Illinois Department of Public
Aid, | 33 |
| the Illinois Department of Human Services,
the Illinois | 34 |
| Department of Children and Family Services, and the various
| 35 |
| State's Attorneys, Clerks of the Circuit Court and supervisors | 36 |
| of general
assistance.
|
|
|
|
SB0452 Enrolled |
- 21 - |
LRB094 05502 DRJ 35549 b |
|
| 1 |
| (i) "Premium" means the dollar amount for which the obligor | 2 |
| is liable
to his employer or labor union or trade union and | 3 |
| which must be paid to enroll
or maintain a child in a health | 4 |
| insurance plan that is available to the obligor
through an | 5 |
| employer or labor union or trade union.
| 6 |
| (j) "State Disbursement Unit" means the unit established to | 7 |
| collect and
disburse support payments in accordance with the | 8 |
| provisions of Section 10-26 of
the Illinois Public Aid Code.
| 9 |
| (k) "Title IV-D Agency" means the agency of this State | 10 |
| charged by law with
the duty to administer the child support | 11 |
| enforcement program established under
Title IV, Part D of the | 12 |
| Social Security Act and Article X of the Illinois
Public Aid | 13 |
| Code.
| 14 |
| (l) "Title IV-D case" means a case in which an obligee or | 15 |
| obligor is
receiving child support enforcement services under | 16 |
| Title IV, Part D of the
Social Security Act and Article X of | 17 |
| the Illinois Public Aid Code.
| 18 |
| (m) "National Medical Support Notice" means the notice | 19 |
| required for
enforcement of orders for support providing for | 20 |
| health insurance coverage of a
child under Title IV, Part D of | 21 |
| the Social Security Act, the Employee
Retirement Income | 22 |
| Security Act of 1974, and federal regulations promulgated
under | 23 |
| those Acts.
| 24 |
| (n) "Employer" means a payor or labor union or trade union | 25 |
| with an employee
group health insurance plan and, for purposes | 26 |
| of the National Medical Support
Notice, also includes but is | 27 |
| not limited to:
| 28 |
| (1) any State or local governmental agency with a group | 29 |
| health
plan; and
| 30 |
| (2) any payor with a group health plan or "church plan" | 31 |
| covered
under the Employee Retirement Income Security Act | 32 |
| of 1974.
| 33 |
| (Source: P.A. 91-357, eff. 7-29-99; 92-590, eff. 7-1-02.)
| 34 |
| Section 30. The Illinois Parentage Act of 1984 is amended | 35 |
| by changing Section 20.7 as follows:
|
|
|
|
SB0452 Enrolled |
- 22 - |
LRB094 05502 DRJ 35549 b |
|
| 1 |
| (750 ILCS 45/20.7)
| 2 |
| Sec. 20.7. Interest on support obligations. A support | 3 |
| obligation, or any
portion of a support obligation, which | 4 |
| becomes due and remains unpaid as of the end of each month, | 5 |
| excluding the child support that was due for that month to the | 6 |
| extent that it was not paid in that month,
for 30
days or more
| 7 |
| shall accrue simple interest as set forth in Section 12-109 of | 8 |
| the Code of Civil Procedure
at the rate of 9% per annum .
An | 9 |
| order for support entered or modified on or after January 1, | 10 |
| 2006
2002 shall
contain a statement that a support obligation | 11 |
| required under the order, or any
portion of a support | 12 |
| obligation required under the order, that becomes due and
| 13 |
| remains unpaid as of the end of each month, excluding the child | 14 |
| support that was due for that month to the extent that it was | 15 |
| not paid in that month,
for 30 days or more shall accrue simple | 16 |
| interest as set forth in Section 12-109 of the Code of Civil | 17 |
| Procedure
at the rate of
9% per annum . Failure to include the | 18 |
| statement in the order for support does
not affect the validity | 19 |
| of the order or the accrual of interest as provided in
this | 20 |
| Section.
| 21 |
| (Source: P.A. 91-397, eff. 1-1-00; 92-374, eff. 8-15-01.)
| 22 |
| Section 99. Effective date. This Act takes effect January | 23 |
| 1, 2006. |
|