Full Text of SB0707 95th General Assembly
SB0707 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0707
Introduced 2/8/2007, by Sen. Matt Murphy SYNOPSIS AS INTRODUCED: |
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750 ILCS 45/14 |
from Ch. 40, par. 2514 |
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Amends the Illinois Parentage Act of 1984. Provides that in an action brought within 2 years after a judicial determination of parentage (now, within 2 years after a child's birth), the judgment or order shall (now, may) direct either parent to pay the reasonable expenses incurred by either parent or the Department of Healthcare and Family Services (now, either parent) related to the mother's pregnancy and the delivery of the child.
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A BILL FOR
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SB0707 |
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LRB095 04783 AJO 24842 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 Parentage Act of 1984 is amended by | 5 |
| 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 | 10 |
| may contain provisions concerning the custody and
guardianship | 11 |
| of the child, visitation privileges with the child, the
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| furnishing of bond or other security for the payment of the | 13 |
| judgment,
which the court shall determine in accordance with | 14 |
| the relevant factors
set forth in the Illinois Marriage and | 15 |
| Dissolution of Marriage
Act and any other applicable law of | 16 |
| Illinois,
to guide the court in a finding in the best interests | 17 |
| of the child.
In determining custody, joint custody, removal, | 18 |
| or visitation, the court
shall apply
the relevant standards of | 19 |
| the Illinois Marriage and Dissolution of Marriage
Act, | 20 |
| including Section 609. Specifically, in determining the amount | 21 |
| of any
child support award or child health insurance coverage, | 22 |
| the
court shall use the guidelines and standards set forth in | 23 |
| subsection (a) of
Section 505 and in Section 505.2 of the |
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| Illinois Marriage and Dissolution of
Marriage Act. For purposes | 2 |
| of Section
505 of the Illinois Marriage and Dissolution of | 3 |
| Marriage Act,
"net income" of the non-custodial parent shall | 4 |
| include any benefits
available to that person under the | 5 |
| Illinois Public Aid Code or from other
federal, State or local | 6 |
| government-funded programs. The court shall, in
any event and | 7 |
| 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 | 9 |
| child support
to the custodial parent in a minimum amount of | 10 |
| not less than $10 per month, as long as such an order is | 11 |
| consistent with the requirements of Title IV, Part D of the | 12 |
| Social Security Act.
In an action brought within 2 years after | 13 |
| a judicial determination of parentage
a child's birth , the | 14 |
| judgment or
order shall
may direct either parent to pay the | 15 |
| reasonable expenses incurred by
either parent or the Department | 16 |
| of Healthcare and Family Services related to the mother's | 17 |
| pregnancy and the delivery of the
child. The judgment or order | 18 |
| shall contain the father's social security number,
which the | 19 |
| father shall disclose to the court; however, failure to include | 20 |
| the
father's social security number on the judgment or order | 21 |
| does not invalidate
the judgment or order.
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| (2) If a judgment of parentage contains no explicit award | 23 |
| of custody,
the establishment of a support obligation or of | 24 |
| visitation rights in one
parent shall be considered a judgment | 25 |
| granting custody to the other parent.
If the parentage judgment | 26 |
| contains no such provisions, custody shall be
presumed to be |
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| with the mother;
however, the presumption shall not apply if | 2 |
| the father has had
physical custody for at least 6
months prior | 3 |
| to the date that the mother seeks to enforce custodial rights.
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| (b) The court shall order all child support payments, | 5 |
| determined in
accordance with such guidelines, to commence with | 6 |
| the date summons is
served. The level of current periodic | 7 |
| support payments shall not be
reduced because of payments set | 8 |
| for the period prior to the date of entry
of the support order. | 9 |
| 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 | 11 |
| whether and the extent to which the
payments shall be made for | 12 |
| any prior period, the court shall consider all
relevant facts, | 13 |
| 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 | 17 |
| circumstances of the
child's birth.
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| (2) The father's prior willingness or refusal to help | 19 |
| raise or
support the child.
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| (3) The extent to which the mother or the public agency | 21 |
| bringing the
action previously informed the father of the | 22 |
| child's needs or attempted
to seek or require his help in | 23 |
| raising or supporting the child.
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| (4) The reasons the mother or the public agency did not | 25 |
| file the
action earlier.
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| (5) The extent to which the father would be prejudiced |
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| by the delay in
bringing the action.
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| For purposes of determining the amount of child support to | 3 |
| be paid for any
period before the date the order for current | 4 |
| child support is entered, there is
a
rebuttable presumption | 5 |
| that the father's net income for the prior period was
the same | 6 |
| as his net income at the time the order for current child | 7 |
| support is
entered.
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| If (i) the non-custodial parent was properly served with a | 9 |
| request for
discovery of
financial information relating to the | 10 |
| non-custodial parent's ability to provide
child support, (ii)
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| the non-custodial parent failed to comply with the request, | 12 |
| despite having been
ordered to
do so by the court, and (iii) | 13 |
| the non-custodial parent is not present at the
hearing to
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| determine support despite having received proper notice, then | 15 |
| any relevant
financial
information concerning the | 16 |
| non-custodial parent's ability to provide child
support
that | 17 |
| was
obtained pursuant to subpoena and proper notice shall be | 18 |
| admitted into evidence
without
the need to establish any | 19 |
| further foundation for its admission.
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| (c) Any new or existing support order entered by the court | 21 |
| 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 | 23 |
| judgment
to be in the amount of each payment or installment of | 24 |
| support and each such
judgment to be deemed entered as of the | 25 |
| date the corresponding payment or
installment becomes due under | 26 |
| the terms of the support order. Each
judgment shall have the |
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| full force, effect and attributes of any other
judgment of this | 2 |
| State, including the ability to be enforced.
A lien arises by | 3 |
| operation of law against the real and personal property of
the | 4 |
| noncustodial parent for each installment of overdue support | 5 |
| owed by the
noncustodial parent.
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| (d) If the judgment or order of the court is at variance | 7 |
| with the child's
birth certificate, the court shall order that | 8 |
| 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 | 10 |
| shall order a
change in the child's name. After hearing | 11 |
| evidence the court may stay
payment of support during the | 12 |
| 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 | 14 |
| to appear in
court, or
otherwise appear as provided by law, the | 15 |
| court may proceed to hear the
cause upon testimony of the | 16 |
| mother or other parties taken in open court and
shall enter a | 17 |
| judgment by default. The court may reserve any order as to
the | 18 |
| amount of child support until the father has received notice, | 19 |
| 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 | 21 |
| of past-due
child support owed on July 1, 1988 which has | 22 |
| accrued under a support order
entered by the court. The charge | 23 |
| shall be imposed in accordance with the
provisions of Section | 24 |
| 10-21 of the Illinois Public Aid Code and shall be
enforced by | 25 |
| the court upon petition.
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| (h) All orders for support, when entered or
modified, shall |
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| include a provision requiring the non-custodial parent
to
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| notify the court and, in cases in which party is receiving | 3 |
| child
support enforcement services under Article X of the | 4 |
| Illinois Public Aid Code,
the
Department of Healthcare and | 5 |
| Family Services, within 7 days, (i) of the name and
address of | 6 |
| any new employer of the non-custodial parent, (ii) whether the
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| non-custodial
parent has access to health insurance coverage | 8 |
| through the employer or other
group coverage and, if so, the | 9 |
| policy name and number and the names of
persons
covered under | 10 |
| 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 | 12 |
| subsequent action to enforce a
support order, upon a sufficient | 13 |
| showing that a diligent effort has been made
to ascertain the | 14 |
| 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 | 16 |
| last known
address of the non-custodial parent in any manner | 17 |
| expressly provided by the
Code of Civil Procedure or this Act, | 18 |
| 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 | 20 |
| current
support obligation terminates. The termination date | 21 |
| shall be no earlier
than
the date on which the child covered by | 22 |
| the order will attain the age of
18. However, if the child will | 23 |
| not graduate from high school until after
attaining the age
of | 24 |
| 18, then the termination date shall be no earlier than the | 25 |
| earlier of the
date on which
the child's high school graduation | 26 |
| will occur or the date on which the child
will attain the
age |
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| of 19.
The order
for
support shall state that
the termination | 2 |
| 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 | 4 |
| prevent the court
from modifying the order
or terminating the | 5 |
| order in the event the child is otherwise emancipated.
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| (i-5) If there is an unpaid arrearage or delinquency (as | 7 |
| those terms are defined in the Income Withholding for Support | 8 |
| Act) equal to at least one month's support obligation on the | 9 |
| termination date stated in the order for support or, if there | 10 |
| is no termination date stated in the order, on the date the | 11 |
| child attains the age of majority or is otherwise emancipated, | 12 |
| the periodic amount required to be paid for current support of | 13 |
| that child immediately prior to that date shall automatically | 14 |
| continue to be an obligation, not as current support but as | 15 |
| periodic payment toward satisfaction of the unpaid arrearage or | 16 |
| delinquency. That periodic payment shall be in addition to any | 17 |
| periodic payment previously required for satisfaction of the | 18 |
| arrearage or delinquency. The total periodic amount to be paid | 19 |
| toward satisfaction of the arrearage or delinquency may be | 20 |
| enforced and collected by any method provided by law for | 21 |
| enforcement and collection of child support, including but not | 22 |
| limited to income withholding under the Income Withholding for | 23 |
| Support Act. Each order for support entered or modified on or | 24 |
| after the effective date of this amendatory Act of the 93rd | 25 |
| General Assembly must contain a statement notifying the parties | 26 |
| of the requirements of this subsection. Failure to include the |
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| statement in the order for support does not affect the validity | 2 |
| of the order or the operation of the provisions of this | 3 |
| subsection with regard to the order. This subsection shall not | 4 |
| be construed to prevent or affect the establishment or | 5 |
| modification of an order for support of a minor child or the | 6 |
| establishment or modification of an order for support of a | 7 |
| non-minor child or educational expenses under Section 513 of | 8 |
| the Illinois Marriage and Dissolution of Marriage Act.
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| (j) An order entered under this Section shall include a | 10 |
| provision
requiring the obligor to report to the obligee and to | 11 |
| the clerk of court within
10 days each time the obligor obtains | 12 |
| new employment, and each time the
obligor's employment is | 13 |
| terminated for any reason.
The report shall be in writing and | 14 |
| shall, in the case of new employment,
include the name and | 15 |
| address of the new employer.
Failure to report new employment | 16 |
| or
the termination of current employment, if coupled with | 17 |
| nonpayment of support
for a period in excess of 60 days, is | 18 |
| indirect criminal contempt. For
any obligor arrested for | 19 |
| failure to report new employment bond shall be set in
the | 20 |
| amount of the child support that should have been paid during | 21 |
| the period of
unreported employment. An order entered under | 22 |
| this Section shall also include
a provision requiring the | 23 |
| obligor and obligee parents to advise each other of a
change in | 24 |
| residence within 5 days of the change
except when the court | 25 |
| finds that the physical, mental, or emotional health
of a party | 26 |
| or that of a minor child, or both, would be seriously |
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| endangered by
disclosure of the party's address.
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| (Source: P.A. 93-139, eff. 7-10-03; 93-1061, eff. 1-1-05; | 3 |
| 94-923, eff. 1-1-07; 94-1061, eff. 1-1-07; revised 8-3-06.)
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