Full Text of SB1612 97th General Assembly
SB1612 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1612 Introduced 2/9/2011, by Sen. Iris Y. Martinez SYNOPSIS AS INTRODUCED: |
| 305 ILCS 5/10-8.1 | | 305 ILCS 5/10-10 | from Ch. 23, par. 10-10 | 305 ILCS 5/10-11 | from Ch. 23, par. 10-11 | 305 ILCS 5/10-17.1 | from Ch. 23, par. 10-17.1 | 305 ILCS 5/10-17.14 new | | 305 ILCS 5/10-25 | | 305 ILCS 5/10-25.5 | | 750 ILCS 5/504 | from Ch. 40, par. 504 | 750 ILCS 5/505 | from Ch. 40, par. 505 | 750 ILCS 16/20 | | 750 ILCS 45/13.1 | | 750 ILCS 45/14 | from Ch. 40, par. 2514 |
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Amends the Determination and Enforcement of Support Responsibility of Relatives Article of the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services may provide by rule for certification to the Department of Health and Human Services of past due support owed under a support order entered in this or any other State on behalf of resident or non-resident persons. Provides that the purpose of certification shall be to effect denial, revocation, restriction, or limitation of passports of responsible relatives owing past due support. Provides that notwithstanding any other State or local law to the contrary, a lien arises by operation of law against the real and personal property of the
noncustodial parent for each
installment of overdue support owed by the noncustodial parent. Makes similar changes to the Illinois Marriage and Dissolution of Marriage Act, the Non-Support Punishment Act, and the Illinois Parentage Act of 1984. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning public aid.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Aid Code is amended by | 5 | | changing Sections 10-8.1, 10-10, 10-11, 10-17.1, 10-25, and | 6 | | 10-25.5 and by adding Section 10-17.14 as follows:
| 7 | | (305 ILCS 5/10-8.1)
| 8 | | Sec. 10-8.1. Temporary order for child support. | 9 | | Notwithstanding any other
law to the contrary, pending the | 10 | | outcome of an
administrative determination of parentage, the | 11 | | Illinois Department shall issue
a temporary order for child | 12 | | support, upon motion by a party and a showing of
clear and | 13 | | convincing evidence of paternity. In determining the amount of | 14 | | the
temporary child support award, the Illinois Department | 15 | | shall use the
guidelines and standards set forth in subsection | 16 | | (a) of Section 505 and in
Section 505.2 of the Illinois | 17 | | Marriage and Dissolution of Marriage Act.
| 18 | | Any new or existing support order entered by the Illinois | 19 | | Department under
this Section shall be deemed to be a series of | 20 | | judgments against the person
obligated to pay support | 21 | | thereunder, each such judgment to be in the amount of
each | 22 | | payment or installment of support and each judgment to be | 23 | | deemed entered
as of the date the corresponding payment or |
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| 1 | | installment becomes due under the
terms of the support order. | 2 | | Each such judgment shall have
the full force, effect, and | 3 | | attributes of any other judgment of this State,
including the | 4 | | ability to be enforced. Any such judgment is subject to
| 5 | | modification or termination only in accordance with Section 510 | 6 | | of the
Illinois Marriage and Dissolution of Marriage Act.
| 7 | | Notwithstanding any other State or local law to the contrary, a | 8 | | A lien arises by operation of law against the real and personal | 9 | | property of the
noncustodial parent for each
installment of | 10 | | overdue support owed by the noncustodial parent.
| 11 | | All orders for support entered or modified in a case in | 12 | | which a party is
receiving child support enforcement services | 13 | | under this
Article X shall include
a provision requiring the | 14 | | non-custodial parent to notify the Illinois
Department, within | 15 | | 7 days, (i) of the name, address, and telephone number of
any | 16 | | new
employer of the non-custodial parent, (ii) whether the | 17 | | non-custodial parent has
access to health insurance coverage | 18 | | through the employer or other group
coverage, and, if so, the | 19 | | policy name and number and the names of persons
covered under | 20 | | the policy, and (iii) of any new residential or mailing address
| 21 | | or telephone number of the non-custodial parent.
| 22 | | In any subsequent action to enforce a support order, upon | 23 | | sufficient showing
that diligent effort has been made to | 24 | | ascertain the location of the
non-custodial parent, service of | 25 | | process or provision of notice necessary in
that action may be | 26 | | made at the last known address of the non-custodial parent,
in |
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| 1 | | any manner expressly provided by the Code of
Civil Procedure or | 2 | | this Act, which service shall be sufficient for purposes of
due | 3 | | process.
| 4 | | An order for support shall include a date on which the | 5 | | current support
obligation terminates. The termination date | 6 | | shall be no earlier than the date
on which the child covered by | 7 | | the order will attain the age of
18. However, if the child will | 8 | | not graduate from high school until after
attaining the age
of | 9 | | 18, then the termination date shall be no earlier than the | 10 | | earlier of the
date on which
the child's high school graduation | 11 | | will occur or the date on which the child
will attain the
age | 12 | | of 19. The order for support shall state that the termination
| 13 | | date does not apply to any arrearage that may remain unpaid on | 14 | | that date.
Nothing in this paragraph shall be construed to | 15 | | prevent the Illinois Department
from modifying the order or | 16 | | terminating the order in the event the child is
otherwise | 17 | | emancipated.
| 18 | | If there is an unpaid arrearage or delinquency (as those | 19 | | terms are defined in the Income Withholding for Support Act) | 20 | | equal to at least one month's support obligation on the | 21 | | termination date stated in the order for support or, if there | 22 | | is no termination date stated in the order, on the date the | 23 | | child attains the age of majority or is otherwise emancipated, | 24 | | then the periodic amount required to be paid for current | 25 | | support of that child immediately prior to that date shall | 26 | | automatically continue to be an obligation, not as current |
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| 1 | | support but as periodic payment toward satisfaction of the | 2 | | unpaid arrearage or delinquency. That periodic payment shall be | 3 | | in addition to any periodic payment previously required for | 4 | | satisfaction of the arrearage or delinquency. The total | 5 | | periodic amount to be paid toward satisfaction of the arrearage | 6 | | or delinquency may be enforced and collected by any method | 7 | | provided by law for the enforcement and collection of child | 8 | | support, including but not limited to income withholding under | 9 | | the Income Withholding for Support Act. Each order for support | 10 | | entered or modified on or after the effective date of this | 11 | | amendatory Act of the 93rd General Assembly must contain a | 12 | | statement notifying the parties of the requirements of this | 13 | | paragraph. Failure to include the statement in the order for | 14 | | support does not affect the validity of the order or the | 15 | | operation of the provisions of this paragraph with regard to | 16 | | the order. This paragraph shall not be construed to prevent or | 17 | | affect the establishment or modification of an order for the | 18 | | support of a minor child or the establishment or modification | 19 | | of an order for the support of a non-minor child or educational | 20 | | expenses under Section 513 of the Illinois Marriage and | 21 | | Dissolution of Marriage Act.
| 22 | | (Source: P.A. 92-590, eff. 7-1-02; 92-876, eff. 6-1-03; | 23 | | 93-1061, eff. 1-1-05.)
| 24 | | (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
| 25 | | Sec. 10-10. Court enforcement; applicability also to |
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| 1 | | persons who are
not applicants or recipients. Except where the | 2 | | Illinois Department, by
agreement, acts for the local | 3 | | governmental unit, as provided in Section
10-3.1, local | 4 | | governmental units shall refer to the State's Attorney or
to | 5 | | the proper legal representative of the governmental unit, for
| 6 | | judicial enforcement as herein provided, instances of | 7 | | non-support or
insufficient support when the dependents are | 8 | | applicants or recipients
under Article VI. The Child and Spouse | 9 | | Support Unit
established by Section 10-3.1 may institute in | 10 | | behalf of the Illinois
Department any actions under this | 11 | | Section for judicial enforcement of
the support liability when | 12 | | the dependents are (a) applicants or
recipients under Articles | 13 | | III, IV, V or VII; (b) applicants or recipients
in a local | 14 | | governmental unit when the Illinois Department, by agreement,
| 15 | | acts for the unit; or (c) non-applicants or non-recipients who | 16 | | are
receiving child support enforcement services under this | 17 | | Article X, as
provided
in Section 10-1. Where the Child and | 18 | | Spouse Support Unit has exercised
its option and discretion not | 19 | | to apply the provisions of Sections 10-3 through
10-8, the | 20 | | failure by the Unit to apply such provisions shall not be a bar
| 21 | | to bringing an action under this Section.
| 22 | | Action shall be brought in the circuit court to obtain | 23 | | support, or
for the recovery of aid granted during the period | 24 | | such support was not
provided, or both for the obtainment of | 25 | | support and the recovery of the
aid provided. Actions for the | 26 | | recovery of aid may be taken separately
or they may be |
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| 1 | | consolidated with actions to obtain support. Such
actions may | 2 | | be brought in the name of the person or persons requiring
| 3 | | support, or may be brought in the name of the Illinois | 4 | | Department or the
local governmental unit, as the case | 5 | | requires, in behalf of such persons.
| 6 | | The court may enter such orders for the payment of moneys | 7 | | for the
support of the person as may be just and equitable and | 8 | | may direct
payment thereof for such period or periods of time | 9 | | as the circumstances
require, including support for a period | 10 | | before the date the order for support
is entered. The order may | 11 | | be entered against any or all of the defendant
responsible | 12 | | relatives and may be based upon the proportionate ability of
| 13 | | each to contribute to the person's support.
| 14 | | The Court shall determine the amount of child support | 15 | | (including child
support for a period before the date the order | 16 | | for child support is entered)
by
using the
guidelines and | 17 | | standards set forth in subsection (a) of Section 505 and in
| 18 | | Section 505.2 of the Illinois Marriage and Dissolution of | 19 | | Marriage Act.
For purposes of determining the amount of child | 20 | | support to be paid for a
period before the date the order for | 21 | | child support is entered, there is a
rebuttable
presumption | 22 | | that the responsible relative's net income for that period was | 23 | | the
same as his or her net income at the time the order is | 24 | | entered.
| 25 | | If (i) the responsible relative was properly served with a | 26 | | request for
discovery of
financial information relating to the |
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| 1 | | responsible relative's ability to provide
child support, (ii)
| 2 | | the responsible relative failed to comply with the request, | 3 | | despite having been
ordered to
do so by the court, and (iii) | 4 | | the responsible relative is not present at the
hearing to
| 5 | | determine support despite having received proper notice, then | 6 | | any relevant
financial
information concerning the responsible | 7 | | relative's ability to provide child
support
that was
obtained | 8 | | pursuant to subpoena and proper notice shall be admitted into | 9 | | evidence
without
the need to establish any further foundation | 10 | | for its admission.
| 11 | | An order entered under this Section shall include a | 12 | | provision requiring
the obligor to report to the obligee and to | 13 | | the clerk of court within 10 days
each time the obligor obtains | 14 | | new employment, and each time the obligor's
employment is | 15 | | terminated for any reason.
The report shall be in writing and | 16 | | shall, in the case of new employment,
include the name and | 17 | | address of the new employer.
Failure to report new employment | 18 | | or
the termination of current employment, if coupled with | 19 | | nonpayment of support
for a period in excess of 60 days, is | 20 | | indirect criminal contempt. For
any obligor arrested for | 21 | | failure to report new employment bond shall be set in
the | 22 | | amount of the child support that should have been paid during | 23 | | the period of
unreported employment. An order entered under | 24 | | this Section shall also include
a provision requiring the | 25 | | obligor and obligee parents to advise each other of a
change in | 26 | | residence within 5 days of the change
except when the court |
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| 1 | | finds that the physical, mental, or emotional health
of a party | 2 | | or that of a minor child, or both, would be seriously | 3 | | endangered by
disclosure of the party's address.
| 4 | | The Court shall determine the amount of maintenance using | 5 | | the standards
set forth in Section 504 of the Illinois Marriage | 6 | | and Dissolution of Marriage
Act.
| 7 | | Any new or existing support order entered by the court | 8 | | under this
Section shall be deemed to be a series of judgments | 9 | | against the person
obligated to pay support thereunder, each | 10 | | such judgment to be in the amount
of each payment or | 11 | | installment of support and each such judgment to be
deemed | 12 | | entered as of the date the corresponding payment or installment
| 13 | | becomes due under the terms of the support order. Each such | 14 | | judgment shall
have the full force, effect and attributes of | 15 | | any other judgment of this
State, including the ability to be | 16 | | enforced. Any such judgment is subject
to modification or | 17 | | termination only in accordance with Section 510 of the
Illinois | 18 | | Marriage and Dissolution of Marriage Act.
Notwithstanding any | 19 | | other State or local law to the contrary, a A lien arises by | 20 | | operation of law against the real and personal property of
the | 21 | | noncustodial parent for each
installment of overdue support | 22 | | owed by the noncustodial parent.
| 23 | | When an order is entered for the support of a minor, the | 24 | | court may
provide therein for reasonable visitation of the | 25 | | minor by the person or
persons who provided support pursuant to | 26 | | the order. Whoever willfully
refuses to comply with such |
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| 1 | | visitation order or willfully interferes
with its enforcement | 2 | | may be declared in contempt of court and punished
therefor.
| 3 | | Except where the local governmental unit has entered into | 4 | | an
agreement with the Illinois Department for the Child and | 5 | | Spouse Support
Unit to act for it, as provided in Section | 6 | | 10-3.1, support orders
entered by the court in cases involving | 7 | | applicants or recipients under
Article VI shall provide that | 8 | | payments thereunder be made
directly to the local governmental | 9 | | unit. Orders for the support of all
other applicants or | 10 | | recipients shall provide that payments thereunder be
made | 11 | | directly to the Illinois Department.
In accordance with federal | 12 | | law and regulations, the Illinois Department may
continue to | 13 | | collect current maintenance payments or child support | 14 | | payments, or
both, after those persons cease to receive public | 15 | | assistance and until
termination of services under Article X. | 16 | | The Illinois Department shall pay the
net amount collected to | 17 | | those persons after deducting any costs incurred in
making
the | 18 | | collection or any collection fee from the amount of any | 19 | | recovery made. In both cases the order shall permit the local
| 20 | | governmental unit or the Illinois Department, as the case may | 21 | | be, to direct
the responsible relative or relatives to make | 22 | | support payments directly to
the needy person, or to some | 23 | | person or agency in his behalf, upon removal
of the person from | 24 | | the public aid rolls or upon termination of services under
| 25 | | Article X.
| 26 | | If the notice of support due issued pursuant to Section |
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| 1 | | 10-7 directs
that support payments be made directly to the | 2 | | needy person, or to some
person or agency in his behalf, and | 3 | | the recipient is removed from the
public aid rolls, court | 4 | | action may be taken against the responsible
relative hereunder | 5 | | if he fails to furnish support in accordance with the
terms of | 6 | | such notice.
| 7 | | Actions may also be brought under this Section in behalf of | 8 | | any
person who is in need of support from responsible | 9 | | relatives, as defined
in Section 2-11 of Article II who is not | 10 | | an applicant for or recipient
of financial aid under this Code. | 11 | | In such instances, the State's
Attorney of the county in which | 12 | | such person resides shall bring action
against the responsible | 13 | | relatives hereunder. If the Illinois
Department, as authorized | 14 | | by Section 10-1, extends the child support
enforcement
services
| 15 | | provided by this Article to spouses and dependent children who | 16 | | are not
applicants or recipients under this Code, the Child and | 17 | | Spouse Support
Unit established by Section 10-3.1 shall bring | 18 | | action against the
responsible relatives hereunder and any | 19 | | support orders entered by the
court in such cases shall provide | 20 | | that payments thereunder be made
directly to the Illinois | 21 | | Department.
| 22 | | Whenever it is determined in a proceeding to establish or | 23 | | enforce a child
support or maintenance obligation that the | 24 | | person owing a duty of support
is unemployed, the court may | 25 | | order the person to seek employment and report
periodically to | 26 | | the court with a diary, listing or other memorandum of his
or |
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| 1 | | her efforts in accordance with such order. Additionally, the | 2 | | court may
order the unemployed person to report to the | 3 | | Department of Employment
Security for job search services or to | 4 | | make application with the local Job
Training Partnership Act | 5 | | provider for participation in job search,
training or work | 6 | | programs and where the duty of support is owed to a child
| 7 | | receiving child support enforcement services under this | 8 | | Article X, the
court may
order the
unemployed person to report | 9 | | to the Illinois Department for participation
in job search, | 10 | | training or work programs established under Section 9-6 and
| 11 | | Article IXA of this Code.
| 12 | | Whenever it is determined that a person owes past-due | 13 | | support for a child
receiving assistance under this Code, the | 14 | | court shall order at the request of
the Illinois Department:
| 15 | | (1) that the person pay the past-due support in | 16 | | accordance with a plan
approved by the court; or
| 17 | | (2) if the person owing past-due support is unemployed, | 18 | | is subject to
such a plan, and is not incapacitated, that | 19 | | the person participate in such job
search, training, or | 20 | | work programs established under Section 9-6 and Article
IXA | 21 | | of this Code as the court deems appropriate.
| 22 | | A determination under this Section shall not be | 23 | | administratively
reviewable by the procedures specified in | 24 | | Sections 10-12, and 10-13 to
10-13.10. Any determination under | 25 | | these Sections, if made the basis of
court action under this | 26 | | Section, shall not affect the de novo judicial
determination |
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| 1 | | required under this Section.
| 2 | | A one-time charge of 20% is imposable upon the amount of | 3 | | past-due child
support owed on July 1, 1988 which has accrued | 4 | | under a support order
entered by the court. The charge shall be | 5 | | imposed in accordance with the
provisions of Section 10-21 of | 6 | | this Code and shall be enforced by the court
upon petition.
| 7 | | All orders for support, when entered or modified, shall
| 8 | | include a provision requiring the non-custodial parent to | 9 | | notify the court and,
in cases in which a party is receiving | 10 | | child support
enforcement services under
this Article X, the | 11 | | Illinois Department, within 7 days, (i) of the name,
address, | 12 | | and telephone number of any new employer of the non-custodial | 13 | | parent,
(ii) whether the non-custodial parent has access to | 14 | | health insurance coverage
through the employer or other group | 15 | | coverage and, if so, the policy name and
number and the names | 16 | | of persons covered under
the policy, and (iii) of any new | 17 | | residential or mailing address or telephone
number of the | 18 | | non-custodial parent. In any subsequent action to enforce a
| 19 | | support order, upon a sufficient showing that a diligent effort | 20 | | has been made
to ascertain the location of the non-custodial | 21 | | parent, service of process or
provision of notice necessary in | 22 | | the case may be made at the last known
address of the | 23 | | non-custodial parent in any manner expressly provided by the
| 24 | | Code of Civil Procedure or this Code, which service shall be | 25 | | sufficient for
purposes of due process.
| 26 | | An order for support shall include a date on which the |
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| 1 | | current support
obligation terminates. The termination date | 2 | | shall be no earlier than the
date on which the child covered by | 3 | | the order will attain the age of
18. However, if the child will | 4 | | not graduate from high school until after
attaining the age
of | 5 | | 18, then the termination date shall be no earlier than the | 6 | | earlier of the
date on which
the child's high school graduation | 7 | | will occur or the date on which the child
will attain the
age | 8 | | of 19. The order for support shall state
that the termination | 9 | | date does not apply to
any arrearage that may remain unpaid on | 10 | | that date. Nothing in this paragraph
shall be construed to | 11 | | prevent the court from modifying the order or terminating
the | 12 | | order in the event the child is otherwise emancipated.
| 13 | | If there is an unpaid arrearage or delinquency (as those | 14 | | terms are defined in the Income Withholding for Support Act) | 15 | | equal to at least one month's support obligation on the | 16 | | termination date stated in the order for support or, if there | 17 | | is no termination date stated in the order, on the date the | 18 | | child attains the age of majority or is otherwise emancipated, | 19 | | then the periodic amount required to be paid for current | 20 | | support of that child immediately prior to that date shall | 21 | | automatically continue to be an obligation, not as current | 22 | | support but as periodic payment toward satisfaction of the | 23 | | unpaid arrearage or delinquency. That periodic payment shall be | 24 | | in addition to any periodic payment previously required for | 25 | | satisfaction of the arrearage or delinquency. The total | 26 | | periodic amount to be paid toward satisfaction of the arrearage |
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| 1 | | or delinquency may be enforced and collected by any method | 2 | | provided by law for the enforcement and collection of child | 3 | | support, including but not limited to income withholding under | 4 | | the Income Withholding for Support Act. Each order for support | 5 | | entered or modified on or after the effective date of this | 6 | | amendatory Act of the 93rd General Assembly must contain a | 7 | | statement notifying the parties of the requirements of this | 8 | | paragraph. Failure to include the statement in the order for | 9 | | support does not affect the validity of the order or the | 10 | | operation of the provisions of this paragraph with regard to | 11 | | the order. This paragraph shall not be construed to prevent or | 12 | | affect the establishment or modification of an order for the | 13 | | support of a minor child or the establishment or modification | 14 | | of an order for the support of a non-minor child or educational | 15 | | expenses under Section 513 of the Illinois Marriage and | 16 | | Dissolution of Marriage Act.
| 17 | | Payments under this Section to the Illinois Department | 18 | | pursuant to the
Child Support Enforcement Program established | 19 | | by Title IV-D of the Social
Security Act shall be paid into the | 20 | | Child Support Enforcement Trust Fund.
All payments under this | 21 | | Section to the Illinois Department of Human
Services shall be | 22 | | deposited in the DHS Recoveries
Trust Fund. Disbursements from | 23 | | these funds shall be as provided in Sections
12-9.1 and 12-10.2 | 24 | | of this Code. Payments received by a local
governmental unit | 25 | | shall be deposited in that unit's General Assistance Fund.
| 26 | | To the extent the provisions of this Section are |
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| 1 | | inconsistent with the
requirements pertaining to the State | 2 | | Disbursement Unit under Sections 10-10.4
and 10-26 of this | 3 | | Code, the requirements pertaining to the State Disbursement
| 4 | | Unit shall apply.
| 5 | | (Source: P.A. 94-88, eff. 1-1-06; 95-331, eff. 8-21-07.)
| 6 | | (305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
| 7 | | Sec. 10-11. Administrative Orders. In lieu of actions for | 8 | | court
enforcement of support under Section 10-10, the Child and | 9 | | Spouse Support
Unit of the Illinois Department, in accordance | 10 | | with the rules of the
Illinois Department, may issue an | 11 | | administrative order requiring the
responsible relative to | 12 | | comply with the terms of the determination and
notice of | 13 | | support due, determined and issued under Sections 10-6 and | 14 | | 10-7.
The Unit may also enter an administrative order under | 15 | | subsection (b) of
Section 10-7. The administrative order shall | 16 | | be served upon the
responsible relative by United States | 17 | | registered or certified mail.
In cases in which the responsible | 18 | | relative appeared at the office of the
Child
and Spouse Support | 19 | | Unit in response to the notice of support obligation
issued | 20 | | under Section 10-4, however, or in cases of default in which | 21 | | the notice
was served on the responsible relative by certified | 22 | | mail, return receipt
requested, or by
any
method provided by | 23 | | law for service of summons, the administrative
determination of | 24 | | paternity or administrative support order may be sent to the
| 25 | | responsible relative by ordinary mail addressed to the |
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| 1 | | responsible relative's
last known address.
| 2 | | If a responsible relative or a person receiving child | 3 | | support
enforcement services under this Article fails to | 4 | | petition the Illinois
Department for
release from or | 5 | | modification of the administrative order, as provided in
| 6 | | Section 10-12 or Section 10-12.1, the order shall become final | 7 | | and there
shall be no further
administrative or judicial | 8 | | remedy. Likewise a decision by the Illinois
Department as a | 9 | | result of an administrative hearing, as provided in
Sections | 10 | | 10-13 to 10-13.10, shall become final and enforceable if not
| 11 | | judicially reviewed under the Administrative Review Law, as | 12 | | provided in
Section 10-14.
| 13 | | Any new or existing support order entered by the Illinois | 14 | | Department
under this Section shall be deemed to be a series of | 15 | | judgments against the
person obligated to pay support | 16 | | thereunder, each such judgment to be in the
amount of each | 17 | | payment or installment of support and each such judgment to
be | 18 | | deemed entered as of the date the corresponding payment or | 19 | | installment
becomes due under the terms of the support order. | 20 | | Each such judgment
shall have the full force, effect and | 21 | | attributes of any other judgment of
this State, including the | 22 | | ability to be enforced. Any such judgment is
subject to | 23 | | modification or termination only in accordance with Section 510
| 24 | | of the Illinois Marriage and Dissolution of Marriage Act.
| 25 | | Notwithstanding any other State or local law to the contrary, a | 26 | | A lien arises by operation of law against the real and personal |
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| 1 | | property of
the noncustodial parent for each
installment of | 2 | | overdue support owed by the noncustodial parent.
| 3 | | An order for support shall include a date on which the | 4 | | current support obligation terminates. The termination date | 5 | | shall be no earlier than the date on which the child covered by | 6 | | the order will attain the age of majority or is otherwise | 7 | | emancipated. The order for support shall state that the | 8 | | termination date does not apply to any arrearage that may | 9 | | remain unpaid on that date. Nothing in this paragraph shall be | 10 | | construed to prevent modification of the order by the | 11 | | Department. | 12 | | If there is an unpaid arrearage or delinquency (as those | 13 | | terms are defined in the Income Withholding for Support Act) | 14 | | equal to at least one month's support obligation on the | 15 | | termination date stated in the order for support or, if there | 16 | | is no termination date stated in the order, on the date the | 17 | | child attains the age of majority or is otherwise emancipated, | 18 | | then the periodic amount required to be paid for current | 19 | | support of that child immediately prior to that date shall | 20 | | automatically continue to be an obligation, not as current | 21 | | support but as periodic payment toward satisfaction of the | 22 | | unpaid arrearage or delinquency. That periodic payment shall be | 23 | | in addition to any periodic payment previously required for | 24 | | satisfaction of the arrearage or delinquency. The total | 25 | | periodic amount to be paid toward satisfaction of the arrearage | 26 | | or delinquency may be enforced and collected by any method |
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| 1 | | provided by law for the enforcement and collection of child | 2 | | support, including but not limited to income withholding under | 3 | | the Income Withholding for Support Act. Each order for support | 4 | | entered or modified on or after the effective date of this | 5 | | amendatory Act of the 93rd General Assembly must contain a | 6 | | statement notifying the parties of the requirements of this | 7 | | paragraph. Failure to include the statement in the order for | 8 | | support does not affect the validity of the order or the | 9 | | operation of the provisions of this paragraph with regard to | 10 | | the order. This paragraph shall not be construed to prevent or | 11 | | affect the establishment or modification of an order for the | 12 | | support of a minor child or the establishment or modification | 13 | | of an order for the support of a non-minor child or educational | 14 | | expenses under Section 513 of the Illinois Marriage and | 15 | | Dissolution of Marriage Act.
| 16 | | An order for support shall include a date on which the | 17 | | support obligation
terminates. The termination date shall be no | 18 | | earlier than the date on which
the child covered by the order | 19 | | will attain the age of 18. However, if the
child will not | 20 | | graduate from high school until after attaining the age of 18,
| 21 | | then the termination date shall be no earlier than the earlier | 22 | | of the date that
the child's graduation will occur or the date | 23 | | on which the child will attain
the age of 19. The order for | 24 | | support shall state that the termination date
does not apply to | 25 | | any arrearage that may remain unpaid on that date. Nothing
in | 26 | | this paragraph shall be construed to prevent the Illinois |
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| 1 | | Department from
modifying the order or terminating the order in | 2 | | the event the child is
otherwise emancipated.
| 3 | | (Source: P.A. 92-590, eff. 7-1-02; 92-876, eff. 6-1-03; | 4 | | 93-1061, eff. 1-1-05.)
| 5 | | (305 ILCS 5/10-17.1) (from Ch. 23, par. 10-17.1)
| 6 | | Sec. 10-17.1. Administrative Order by Registration. The | 7 | | Illinois
Department may provide by rule for the administrative | 8 | | registration of a
support order
entered by a court or | 9 | | administrative body of another
state.
The purpose of | 10 | | registration shall be to enforce or modify the order in
| 11 | | accordance with the provisions of the Uniform Interstate Family | 12 | | Support
Act. Upon
registration, such support order shall become | 13 | | an administrative order of
the Child and Spouse Support Unit by | 14 | | operation of law. The rule shall
provide for notice to and an | 15 | | opportunity to be heard by the responsible
relative and | 16 | | custodial parent affected, and any final administrative
| 17 | | decision rendered by the
Department shall be reviewed only | 18 | | under and in accordance with the
Administrative Review Law.
| 19 | | Any new or existing support order registered by the | 20 | | Illinois Department
under this Section shall be deemed to be a | 21 | | series of judgments against the
person obligated to pay support | 22 | | thereunder, each such judgment to be in the
amount of each | 23 | | payment or installment of support and each such judgment to
be | 24 | | deemed entered as of the date the corresponding payment or | 25 | | installment
becomes due under the terms of the support order. |
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| 1 | | Each such judgment
shall be
enforceable in the same manner as | 2 | | any other judgment in this State.
Notwithstanding any other | 3 | | State or local law to the contrary, a A lien arises by | 4 | | operation of law against the real and personal property of
the | 5 | | noncustodial parent for each
installment of overdue support | 6 | | owed by the noncustodial parent.
| 7 | | A one-time charge of 20% is imposable upon the amount of | 8 | | past-due child
support owed on July 1, 1988, which has accrued | 9 | | under a support order
registered by the Illinois Department | 10 | | under this Section. The charge shall
be imposed in accordance | 11 | | with the provisions of Section 10-21 and shall be
enforced by | 12 | | the court in a suit filed under Section 10-15.
| 13 | | (Source: P.A. 90-18, eff. 7-1-97; 90-790, eff. 8-14-98.)
| 14 | | (305 ILCS 5/10-17.14 new) | 15 | | Sec. 10-17.14. Denial of passports. The Illinois | 16 | | Department may provide by rule for certification to the | 17 | | Department of Health and Human Services of past due support | 18 | | owed by responsible relatives under a support order entered by | 19 | | a court or administrative body of this or any other State on | 20 | | behalf of resident or non-resident persons. The purpose of | 21 | | certification shall be to effect denial, revocation, | 22 | | restriction, or limitation of passports of responsible | 23 | | relatives owing past due support. | 24 | | The rule shall provide for notice to and an opportunity to | 25 | | be heard by the responsible relative affected and any final |
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| 1 | | administrative decision rendered by the Department shall be | 2 | | reviewed only under and in accordance with the Administrative | 3 | | Review Law. Certification shall be accomplished in accordance | 4 | | with Title IV, Part D of the federal Social Security Act and | 5 | | rules and regulations promulgated thereunder.
| 6 | | (305 ILCS 5/10-25)
| 7 | | Sec. 10-25.
Administrative liens and levies on real | 8 | | property for
past-due child support.
| 9 | | (a) Notwithstanding any other State or local law to the | 10 | | contrary, the The State shall have a lien on all legal and | 11 | | equitable interests of
responsible relatives in their real | 12 | | property
in the amount of past-due child support owing pursuant | 13 | | to an order
for child support entered under Sections 10-10 and | 14 | | 10-11 of this Code, or under
the Illinois Marriage and | 15 | | Dissolution of Marriage Act, the Non-Support of
Spouse and | 16 | | Children Act, the Non-Support Punishment Act, the Uniform
| 17 | | Interstate Family Support Act, or the
Illinois Parentage Act of | 18 | | 1984.
| 19 | | (b) The Illinois Department shall provide by rule for | 20 | | notice to and an
opportunity to be heard by each responsible | 21 | | relative affected, and any final
administrative decision | 22 | | rendered by the Illinois Department shall be reviewed
only | 23 | | under
and in accordance with the Administrative Review Law.
| 24 | | (c) When enforcing a lien under subsection (a) of this | 25 | | Section, the
Illinois Department shall have the authority to |
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| 1 | | execute notices of
administrative liens and levies, which shall | 2 | | contain the name and address of
the responsible relative, a | 3 | | legal description of the real property
to be levied, the fact | 4 | | that a lien
is being claimed for past-due child support, and | 5 | | such other information as the
Illinois Department may by rule | 6 | | prescribe. The Illinois Department shall
record the notice of | 7 | | lien with the recorder or registrar of titles of
the county or | 8 | | counties in which the real estate is located.
| 9 | | (d) The State's lien under subsection (a) shall be
| 10 | | enforceable upon the recording or filing of a notice of lien | 11 | | with the recorder
or registrar of titles of the county or | 12 | | counties in which the real estate is
located. The lien shall be | 13 | | prior to any lien thereafter recorded or filed and
shall be | 14 | | notice to a subsequent purchaser, assignor, or encumbrancer of | 15 | | the
existence and nature of the lien. The lien shall be | 16 | | inferior to the lien of
general taxes, special assessment, and | 17 | | special taxes heretofore or hereafter
levied by any political | 18 | | subdivision or municipal corporation of the State.
| 19 | | In the event that title to the land to be affected by the | 20 | | notice of lien is
registered under the Registered Titles | 21 | | (Torrens) Act, the notice shall be filed
in the office of the | 22 | | registrar of titles as a memorial or charge upon each
folium of | 23 | | the register of titles affected by the notice; but the State | 24 | | shall
not have a preference over the rights of any bona fide | 25 | | purchaser, mortgagee,
judgment creditor, or other lien holders | 26 | | registered prior to the registration
of the notice.
|
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| 1 | | (e) The recorder or registrar of titles of each county | 2 | | shall procure
a file labeled "Child Support Lien Notices" and | 3 | | an index book labeled "Child
Support Lien Notices". When notice | 4 | | of any lien is presented to the recorder or
registrar of titles | 5 | | for filing,
the recorder or registrar of titles shall file it | 6 | | in numerical order in the
file and shall enter it
| 7 | | alphabetically in the index. The entry shall show the name and | 8 | | last known
address of the person named in the notice, the | 9 | | serial number of the notice, the
date and hour of filing, and | 10 | | the amount of child support due at the time when
the lien is | 11 | | filed.
| 12 | | (f) The Illinois Department shall not be required to | 13 | | furnish bond or make a
deposit for or pay any costs or fees of | 14 | | any court or officer thereof in any
legal proceeding involving | 15 | | the lien.
| 16 | | (g) To protect the lien of the State for past-due child | 17 | | support, the
Illinois Department may, from funds that are | 18 | | available for that purpose, pay
or provide for the payment of | 19 | | necessary or essential repairs, purchase tax
certificates, pay | 20 | | balances due on land contracts, or pay or cause to be
satisfied | 21 | | any prior liens on the property to which the lien hereunder | 22 | | applies.
| 23 | | (h) A lien on real property under this Section shall be | 24 | | released
pursuant
to Section 12-101 of the Code of Civil | 25 | | Procedure.
| 26 | | (i) The Illinois Department, acting in behalf of the
State, |
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| 1 | | may foreclose the lien in a judicial proceeding to the same | 2 | | extent and
in the same manner as in the enforcement of other | 3 | | liens. The process,
practice, and procedure for the foreclosure | 4 | | shall be the same as provided in
the Code of Civil Procedure.
| 5 | | (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)
| 6 | | (305 ILCS 5/10-25.5)
| 7 | | Sec. 10-25.5.
Administrative liens and levies on personal | 8 | | property for
past-due child support.
| 9 | | (a) Notwithstanding any other State or local law to the | 10 | | contrary, the The State shall have a lien on all legal and | 11 | | equitable interests of
responsible relatives in their personal | 12 | | property, including any account in a
financial institution as | 13 | | defined
in Section 10-24, or in the case of an insurance | 14 | | company or benefit association
only in accounts as defined in | 15 | | Section 10-24, in the amount of past-due child
support owing | 16 | | pursuant to an order
for child support entered under Sections | 17 | | 10-10 and 10-11 of this Code, or under
the Illinois Marriage | 18 | | and Dissolution of Marriage Act, the Non-Support of
Spouse and | 19 | | Children Act, the Non-Support Punishment Act, the Uniform
| 20 | | Interstate Family Support Act, or the
Illinois Parentage Act of | 21 | | 1984.
| 22 | | (b) The Illinois Department shall provide by rule for | 23 | | notice to and an
opportunity to be heard by each responsible | 24 | | relative affected, and any final
administrative decision | 25 | | rendered by the Illinois Department shall be reviewed
only |
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| 1 | | under
and in accordance with the Administrative Review Law.
| 2 | | (c) When enforcing a lien under subsection (a) of this | 3 | | Section, the
Illinois Department shall have the authority to | 4 | | execute notices of
administrative liens and levies, which shall | 5 | | contain the name and address of
the responsible relative, a | 6 | | description of the property
to be levied, the fact that a lien
| 7 | | is being claimed for past-due child support, and such other | 8 | | information as the
Illinois Department may by rule prescribe. | 9 | | The Illinois Department may
serve the notice of lien or levy | 10 | | upon any financial institution where
the accounts as defined in | 11 | | Section 10-24 of the responsible relative may be
held, for | 12 | | encumbrance or surrender of the accounts as defined in Section | 13 | | 10-24
by the financial institution.
| 14 | | (d) The Illinois Department shall enforce its lien against | 15 | | the responsible
relative's personal property, other than | 16 | | accounts as defined in Section 10-24
in financial institutions,
| 17 | | and
levy upon such personal property in the manner provided for | 18 | | enforcement of
judgments contained in Article XII of the Code | 19 | | of Civil Procedure.
| 20 | | (e) The Illinois Department shall not be required to | 21 | | furnish bond or make a
deposit for or pay any costs or fees of | 22 | | any court or officer thereof in any
legal proceeding involving | 23 | | the lien.
| 24 | | (f) To protect the lien of the State for past-due child | 25 | | support, the
Illinois Department may, from funds that are | 26 | | available for that purpose, pay
or provide for the payment of |
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| 1 | | necessary or essential repairs, purchase tax
certificates, or | 2 | | pay or cause to be
satisfied any prior liens on the property to | 3 | | which the lien hereunder applies.
| 4 | | (g) A lien on personal property under this Section shall be | 5 | | released
in the manner provided under Article XII
of the Code | 6 | | of Civil Procedure.
Notwithstanding the foregoing, a lien under | 7 | | this Section on accounts as defined
in Section 10-24 shall | 8 | | expire upon the passage of 120 days from the date of
issuance | 9 | | of the Notice of Lien or Levy by the Illinois Department. | 10 | | However,
the lien
shall remain in effect during the pendency of | 11 | | any appeal or protest.
| 12 | | (h) A lien created under this Section is subordinate to any | 13 | | prior lien of
the financial institution or any prior lien | 14 | | holder or any prior right of
set-off that the financial | 15 | | institution may have against the assets, or in the
case of an | 16 | | insurance company or benefit association only in the accounts | 17 | | as
defined in Section 10-24.
| 18 | | (i) A financial institution has no obligation under this | 19 | | Section to hold,
encumber, or surrender the assets, or in the | 20 | | case of an insurance company or
benefit association only the | 21 | | accounts as defined in Section 10-24, until the
financial
| 22 | | institution has been properly served with a subpoena, summons, | 23 | | warrant,
court or administrative order, or administrative lien | 24 | | and levy requiring that
action.
| 25 | | (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)
|
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| 1 | | Section 10. The Illinois Marriage and Dissolution of | 2 | | Marriage Act is amended by changing Sections 504 and 505 as | 3 | | follows:
| 4 | | (750 ILCS 5/504) (from Ch. 40, par. 504)
| 5 | | Sec. 504. Maintenance.
| 6 | | (a) In a proceeding for dissolution of marriage or legal | 7 | | separation or
declaration of invalidity of marriage, or a | 8 | | proceeding for maintenance
following dissolution of the | 9 | | marriage by a court which lacked personal
jurisdiction over the | 10 | | absent spouse, the court may grant a temporary or
permanent | 11 | | maintenance award for either spouse in amounts and for periods | 12 | | of
time as the court deems just, without regard to marital | 13 | | misconduct, in
gross or for fixed or indefinite periods of | 14 | | time, and the maintenance may
be paid from the income or | 15 | | property of the other spouse after consideration
of all | 16 | | relevant factors, including:
| 17 | | (1) the income and property of each party, including | 18 | | marital property
apportioned and non-marital property | 19 | | assigned to the party seeking maintenance;
| 20 | | (2) the needs of each party;
| 21 | | (3) the present and future earning capacity of each | 22 | | party;
| 23 | | (4) any impairment of the present and future earning | 24 | | capacity of the
party seeking maintenance due to that party | 25 | | devoting time to domestic
duties or having forgone or |
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| 1 | | delayed education, training,
employment, or
career | 2 | | opportunities due to the marriage;
| 3 | | (5) the time necessary to enable the party seeking | 4 | | maintenance to
acquire appropriate education, training, | 5 | | and employment, and whether that
party is able to support | 6 | | himself or herself through appropriate employment
or is the | 7 | | custodian of a child making it appropriate that the | 8 | | custodian not
seek employment;
| 9 | | (6) the standard of living established during the | 10 | | marriage;
| 11 | | (7) the duration of the marriage;
| 12 | | (8) the age and the physical and emotional condition of
| 13 | | both parties;
| 14 | | (9) the tax consequences of the property division upon | 15 | | the respective
economic circumstances of the parties;
| 16 | | (10) contributions and services by the party seeking | 17 | | maintenance to
the education, training, career or career | 18 | | potential, or license of the
other spouse;
| 19 | | (11) any valid agreement of the parties; and
| 20 | | (12) any other factor that the court expressly finds to | 21 | | be just and
equitable.
| 22 | | (b) (Blank).
| 23 | | (b-5) Any maintenance obligation including any unallocated | 24 | | maintenance and child support obligation, or any portion of any | 25 | | support obligation, that becomes due and remains unpaid shall | 26 | | accrue simple interest as set forth in Section 505 of this Act.
|
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| 1 | | (b-7) Any new or existing maintenance order including any | 2 | | unallocated maintenance and child support order entered by the | 3 | | court under this Section shall be deemed to be a series of | 4 | | judgments against the person obligated to pay support | 5 | | thereunder. Each such judgment to be in the amount of each | 6 | | payment or installment of support and each such judgment to be | 7 | | deemed entered as of the date the corresponding payment or | 8 | | installment becomes due under the terms of the support order, | 9 | | except no judgment shall arise as to any installment coming due | 10 | | after the termination of maintenance as provided by Section 510 | 11 | | of the Illinois Marriage and Dissolution of Marriage Act or the | 12 | | provisions of any order for maintenance. Each such judgment | 13 | | shall have the full force, effect and attributes of any other | 14 | | judgment of this State, including the ability to be enforced. | 15 | | Notwithstanding any other State or local law to the contrary, a | 16 | | A lien arises by operation of law against the real and personal | 17 | | property of the obligor for each installment of overdue support | 18 | | owed by the obligor. | 19 | | (c) The court may grant and enforce the payment of | 20 | | maintenance during
the pendency of an appeal as the court shall | 21 | | deem reasonable and proper.
| 22 | | (d) No maintenance shall accrue during the period in which | 23 | | a party is
imprisoned for failure to comply with the court's | 24 | | order for the payment of
such maintenance.
| 25 | | (e) When maintenance is to be paid through the clerk of the | 26 | | court in a
county of 1,000,000 inhabitants or less, the order |
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| 1 | | shall direct the obligor
to pay to the clerk, in addition to | 2 | | the maintenance payments, all fees
imposed by the county board | 3 | | under paragraph (3) of subsection (u) of
Section 27.1 of the | 4 | | Clerks of Courts Act. Unless paid in cash or pursuant
to an | 5 | | order for withholding, the payment of the fee shall be by a | 6 | | separate
instrument from the support payment and shall be made | 7 | | to the order of
the Clerk.
| 8 | | (Source: P.A. 94-89, eff. 1-1-06.)
| 9 | | (750 ILCS 5/505) (from Ch. 40, par. 505)
| 10 | | Sec. 505. Child support; contempt; penalties.
| 11 | | (a) In a proceeding for dissolution of marriage, legal | 12 | | separation,
declaration of invalidity of marriage, a | 13 | | proceeding for child support
following dissolution of the | 14 | | marriage by a court which lacked personal
jurisdiction over the | 15 | | absent spouse, a proceeding for modification of a
previous | 16 | | order for child support under Section 510 of this Act, or any
| 17 | | proceeding authorized under Section 501 or 601 of this Act, the | 18 | | court may
order either or both parents owing a duty of support | 19 | | to a child of the
marriage to pay an amount reasonable and | 20 | | necessary for his support, without
regard to marital | 21 | | misconduct. The duty of support owed to a child
includes the | 22 | | obligation to provide for the reasonable and necessary
| 23 | | physical, mental and emotional health needs of the child.
For | 24 | | purposes of this Section, the term "child" shall include any | 25 | | child under
age 18 and
any child under age 19 who is still |
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| 1 | | attending high school.
| 2 | | (1) The Court shall determine the minimum amount of | 3 | | support by using the
following guidelines:
|
|
4 | | Number of Children |
Percent of Supporting Party's |
|
5 | | |
Net Income |
|
6 | | 1 |
20% |
|
7 | | 2 |
28% |
|
8 | | 3 |
32% |
|
9 | | 4 |
40% |
|
10 | | 5 |
45% |
|
11 | | 6 or more |
50% |
|
12 | | (2) The above guidelines shall be applied in each case | 13 | | unless the court
makes a finding that application of the | 14 | | guidelines would be
inappropriate, after considering the | 15 | | best interests of the child in light of
evidence including | 16 | | but not limited to one or more of the following relevant
| 17 | | factors:
| 18 | | (a) the financial resources and needs of the child;
| 19 | | (b) the financial resources and needs of the | 20 | | custodial parent;
| 21 | | (c) the standard of living the child would have | 22 | | enjoyed had the
marriage not been dissolved;
| 23 | | (d) the physical and emotional condition of the | 24 | | child, and his
educational needs; and
| 25 | | (e) the financial resources and needs of the | 26 | | non-custodial parent.
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| 1 | | If the court deviates from the guidelines, the court's | 2 | | finding
shall state the amount of support that would have | 3 | | been required under the
guidelines, if determinable. The | 4 | | court shall include the reason or reasons for
the variance | 5 | | from the
guidelines.
| 6 | | (3) "Net income" is defined as the total of all income | 7 | | from all
sources, minus the following deductions:
| 8 | | (a) Federal income tax (properly calculated | 9 | | withholding or estimated
payments);
| 10 | | (b) State income tax (properly calculated | 11 | | withholding or estimated
payments);
| 12 | | (c) Social Security (FICA payments);
| 13 | | (d) Mandatory retirement contributions required by | 14 | | law or as a
condition of employment;
| 15 | | (e) Union dues;
| 16 | | (f) Dependent and individual | 17 | | health/hospitalization insurance premiums;
| 18 | | (g) Prior obligations of support or maintenance | 19 | | actually paid pursuant
to a court order;
| 20 | | (h) Expenditures for repayment of debts that | 21 | | represent reasonable and
necessary expenses for the | 22 | | production of income, medical expenditures
necessary | 23 | | to preserve life or health, reasonable expenditures | 24 | | for the
benefit of the child and the other parent, | 25 | | exclusive of gifts. The court
shall reduce net income | 26 | | in determining the minimum amount of support to be
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| 1 | | ordered only for the period that such payments are due | 2 | | and shall enter an
order containing provisions for its | 3 | | self-executing modification upon
termination of such | 4 | | payment period;
| 5 | | (i) Foster care payments paid by the Department of | 6 | | Children and Family Services for providing licensed | 7 | | foster care to a foster child.
| 8 | | (4) In cases where the court order provides for
| 9 | | health/hospitalization insurance coverage pursuant to | 10 | | Section 505.2 of
this Act, the premiums for that insurance, | 11 | | or that portion of the premiums
for which the supporting | 12 | | party is responsible in the case of insurance
provided | 13 | | through an employer's health insurance plan where
the | 14 | | employer pays a portion of the premiums, shall be | 15 | | subtracted
from net income in determining the minimum | 16 | | amount of support to be ordered.
| 17 | | (4.5) In a proceeding for child support following | 18 | | dissolution of the
marriage by a court that lacked personal | 19 | | jurisdiction over the absent spouse,
and in which the court | 20 | | is requiring payment of support for the period before
the | 21 | | date an order for current support is entered, there is a | 22 | | rebuttable
presumption
that the supporting party's net | 23 | | income for the prior period was the same as his
or her net | 24 | | income at the time the order for current support is | 25 | | entered.
| 26 | | (5) If the net income cannot be determined because of |
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| 1 | | default or any
other reason, the court shall order support | 2 | | in an amount considered
reasonable in the particular case. | 3 | | The final order in all cases shall
state the support level | 4 | | in dollar amounts.
However, if the
court finds that the | 5 | | child support amount cannot be expressed exclusively as a
| 6 | | dollar amount because all or a portion of the payor's net | 7 | | income is uncertain
as to source, time of payment, or | 8 | | amount, the court may order a percentage
amount of support | 9 | | in addition to a specific dollar amount and enter
such | 10 | | other orders as may be necessary to determine and enforce, | 11 | | on a timely
basis, the applicable support ordered.
| 12 | | (6) If (i) the non-custodial parent was properly served | 13 | | with a request
for
discovery of financial information | 14 | | relating to the non-custodial parent's
ability to
provide | 15 | | child support, (ii) the non-custodial parent failed to | 16 | | comply with the
request,
despite having been ordered to do | 17 | | so by the court, and (iii) the non-custodial
parent is not | 18 | | present at the hearing to determine support despite having
| 19 | | received
proper notice, then any relevant financial | 20 | | information concerning the
non-custodial parent's ability | 21 | | to provide child support that was obtained
pursuant to
| 22 | | subpoena and proper notice shall be admitted into evidence | 23 | | without the need to
establish any further foundation for | 24 | | its admission.
| 25 | | (a-5) In an action to enforce an order for support based on | 26 | | the
respondent's failure
to make support payments as required |
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| 1 | | by the order, notice of proceedings to
hold the respondent in | 2 | | contempt for that failure may be served on the
respondent by | 3 | | personal service or by regular mail addressed to the | 4 | | respondent's
last known address. The respondent's last known | 5 | | address may be determined from
records of the clerk of the | 6 | | court, from the Federal Case Registry of Child
Support Orders, | 7 | | or by any other reasonable means.
| 8 | | (b) Failure of either parent to comply with an order to pay | 9 | | support shall
be punishable as in other cases of contempt. In | 10 | | addition to other
penalties provided by law the Court may, | 11 | | after finding the parent guilty
of contempt, order that the | 12 | | parent be:
| 13 | | (1) placed on probation with such conditions of | 14 | | probation as the Court
deems advisable;
| 15 | | (2) sentenced to periodic imprisonment for a period not | 16 | | to exceed 6
months; provided, however, that the Court may | 17 | | permit the parent to be
released for periods of time during | 18 | | the day or night to:
| 19 | | (A) work; or
| 20 | | (B) conduct a business or other self-employed | 21 | | occupation.
| 22 | | The Court may further order any part or all of the earnings | 23 | | of a parent
during a sentence of periodic imprisonment paid to | 24 | | the Clerk of the Circuit
Court or to the parent having custody | 25 | | or to the guardian having custody
of the children of the | 26 | | sentenced parent for the support of said
children until further |
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| 1 | | order of the Court.
| 2 | | If there is a unity of interest and ownership sufficient to | 3 | | render no
financial separation between a non-custodial parent | 4 | | and another person or
persons or business entity, the court may | 5 | | pierce the ownership veil of the
person, persons, or business | 6 | | entity to discover assets of the non-custodial
parent held in | 7 | | the name of that person, those persons, or that business | 8 | | entity.
The following circumstances are sufficient to | 9 | | authorize a court to order
discovery of the assets of a person, | 10 | | persons, or business entity and to compel
the application of | 11 | | any discovered assets toward payment on the judgment for
| 12 | | support:
| 13 | | (1) the non-custodial parent and the person, persons, | 14 | | or business entity
maintain records together.
| 15 | | (2) the non-custodial parent and the person, persons, | 16 | | or business entity
fail to maintain an arms length | 17 | | relationship between themselves with regard to
any assets.
| 18 | | (3) the non-custodial parent transfers assets to the | 19 | | person, persons,
or business entity with the intent to | 20 | | perpetrate a fraud on the custodial
parent.
| 21 | | With respect to assets which
are real property, no order | 22 | | entered under this paragraph shall affect the
rights of bona | 23 | | fide purchasers, mortgagees, judgment creditors, or other lien
| 24 | | holders who acquire their interests in the property prior to | 25 | | the time a notice
of lis pendens pursuant to the Code of Civil | 26 | | Procedure or a copy of the order
is placed of record in the |
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| 1 | | office of the recorder of deeds for the county in
which the | 2 | | real property is located.
| 3 | | The court may also order in cases where the parent is 90 | 4 | | days or more
delinquent in payment of support or has been | 5 | | adjudicated in arrears in an
amount equal to 90 days obligation | 6 | | or more, that the parent's Illinois driving
privileges be | 7 | | suspended until the court
determines that the parent is in | 8 | | compliance with the order of support.
The court may also order | 9 | | that the parent be issued a family financial
responsibility | 10 | | driving permit that would allow limited driving privileges for
| 11 | | employment and medical purposes in accordance with Section | 12 | | 7-702.1 of the
Illinois Vehicle Code. The clerk of the circuit | 13 | | court shall certify the order
suspending the driving privileges | 14 | | of the parent or granting the issuance of a
family financial | 15 | | responsibility driving permit to the Secretary of State on
| 16 | | forms prescribed by the Secretary. Upon receipt of the | 17 | | authenticated
documents, the Secretary of State shall suspend | 18 | | the parent's driving privileges
until further order of the | 19 | | court and shall, if ordered by the court, subject to
the | 20 | | provisions of Section 7-702.1 of the Illinois Vehicle Code, | 21 | | issue a family
financial responsibility driving permit to the | 22 | | parent.
| 23 | | In addition to the penalties or punishment that may be | 24 | | imposed under this
Section, any person whose conduct | 25 | | constitutes a violation of Section 15 of the
Non-Support | 26 | | Punishment Act may be prosecuted under that Act, and a person
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| 1 | | convicted under that Act may be sentenced in accordance with | 2 | | that Act. The
sentence may include but need not be limited to a | 3 | | requirement that the person
perform community service under | 4 | | Section 50 of that Act or participate in a work
alternative | 5 | | program under Section 50 of that Act. A person may not be | 6 | | required
to participate in a work alternative program under | 7 | | Section 50 of that Act if
the person is currently participating | 8 | | in a work program pursuant to Section
505.1 of this Act.
| 9 | | A support obligation, or any portion of a support | 10 | | obligation, which becomes
due and remains unpaid as of the end | 11 | | of each month, excluding the child support that was due for | 12 | | that month to the extent that it was not paid in that month, | 13 | | shall accrue simple interest as set forth in Section 12-109 of | 14 | | the Code of Civil Procedure.
An order for support entered or | 15 | | modified on or after January 1, 2006 shall
contain a statement | 16 | | that a support obligation required under the order, or any
| 17 | | portion of a support obligation required under the order, that | 18 | | becomes due and
remains unpaid as of the end of each month, | 19 | | excluding the child support that was due for that month to the | 20 | | extent that it was not paid in that month, shall accrue simple | 21 | | interest as set forth in Section 12-109 of the Code of Civil | 22 | | Procedure. Failure to include the statement in the order for | 23 | | support does
not affect the validity of the order or the | 24 | | accrual of interest as provided in
this Section.
| 25 | | (c) A one-time charge of 20% is imposable upon the amount | 26 | | of
past-due child support owed on July 1, 1988 which has |
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| 1 | | accrued under a
support order entered by the court. The charge | 2 | | shall be imposed in
accordance with the provisions of Section | 3 | | 10-21 of the Illinois Public Aid
Code and shall be enforced by | 4 | | the court upon petition.
| 5 | | (d) Any new or existing support order entered by the court
| 6 | | under this Section shall be deemed to be a series of judgments | 7 | | against the
person obligated to pay support thereunder, each | 8 | | such judgment to be in the
amount of each payment or | 9 | | installment of support and each such judgment to
be deemed | 10 | | entered as of the date the corresponding payment or installment
| 11 | | becomes due under the terms of the support order. Each such | 12 | | judgment shall
have the full force, effect and attributes of | 13 | | any other judgment of this
State, including the ability to be | 14 | | enforced.
Notwithstanding any other State or local law to the | 15 | | contrary, a A lien arises by operation of law against the real | 16 | | and personal property of
the noncustodial parent for each | 17 | | installment of overdue support owed by the
noncustodial parent.
| 18 | | (e) When child support is to be paid through the clerk of | 19 | | the court in a
county of 1,000,000 inhabitants or less, the | 20 | | order shall direct the obligor
to pay to the clerk, in addition | 21 | | to the child support payments, all fees
imposed by the county | 22 | | board under paragraph (3) of subsection (u) of
Section 27.1 of | 23 | | the Clerks of Courts Act. Unless paid in cash or pursuant to
an | 24 | | order for withholding, the payment of the fee shall be by a | 25 | | separate
instrument from the support payment and shall be made | 26 | | to the order of the
Clerk.
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| 1 | | (f) All orders for support, when entered or
modified, shall | 2 | | include a provision requiring the obligor to notify
the court | 3 | | and, in cases in which a party is receiving child and spouse
| 4 | | services under Article X of the Illinois Public Aid Code, the
| 5 | | Department of Healthcare and Family Services, within 7 days, | 6 | | (i) of the name and address
of any new employer of the obligor, | 7 | | (ii) whether the obligor has access to
health insurance | 8 | | coverage through the employer or other group coverage and,
if | 9 | | so, the policy name and number and the names of persons covered | 10 | | under
the policy, and (iii) of any new residential or mailing | 11 | | address 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
| 15 | | 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.
| 19 | | (g) 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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| 1 | | of 19. The order for support
shall state that the termination | 2 | | date does not apply to any arrearage that may
remain unpaid on | 3 | | 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.
| 6 | | (g-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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| 1 | | 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 | | this Act.
| 9 | | (h) 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 child, or both, would be
seriously endangered by |
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| 1 | | disclosure of the party's address.
| 2 | | (i) The court does not lose the powers of contempt, | 3 | | driver's license
suspension, or other child support | 4 | | enforcement mechanisms, including, but
not limited to, | 5 | | criminal prosecution as set forth in this Act, upon the
| 6 | | emancipation of the minor child or children.
| 7 | | (Source: P.A. 95-331, eff. 8-21-07; 96-1134, eff. 7-21-10.)
| 8 | | Section 15. The Non-Support Punishment Act is amended by | 9 | | changing Section 20 as follows:
| 10 | | (750 ILCS 16/20)
| 11 | | Sec. 20. Entry of order for support; income withholding.
| 12 | | (a) In a case in which no court or administrative order for | 13 | | support is in
effect against the defendant:
| 14 | | (1) at any time before the trial, upon motion of the | 15 | | State's Attorney, or
of the Attorney General if the action | 16 | | has been instituted by his office, and
upon notice to the | 17 | | defendant, or at the time of arraignment or as a condition
| 18 | | of postponement of arraignment, the court may enter such | 19 | | temporary order for
support as may seem just, providing for | 20 | | the support or maintenance of the
spouse or child or | 21 | | children of the defendant, or both, pendente lite; or
| 22 | | (2) before trial with the consent of the defendant, or | 23 | | at the trial on
entry of a plea of guilty, or after | 24 | | conviction, instead of imposing the penalty
provided in |
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| 1 | | this Act, or in addition thereto, the court may enter an | 2 | | order for
support, subject to modification by the court | 3 | | from time to time as
circumstances may require, directing | 4 | | the defendant to pay a certain sum for
maintenance of the | 5 | | spouse, or for support of the child or children, or both.
| 6 | | (b) The court shall determine the amount of child support | 7 | | by using the
guidelines and standards set forth in subsection | 8 | | (a) of Section 505 and in
Section 505.2 of the Illinois | 9 | | Marriage and Dissolution of Marriage Act.
| 10 | | If (i) the non-custodial parent was properly served with a | 11 | | request for
discovery of financial information relating to the | 12 | | non-custodial parent's
ability to provide child support, (ii) | 13 | | the non-custodial parent failed to
comply with the request, | 14 | | despite having been ordered to do so by the court,
and (iii) | 15 | | the non-custodial parent is not present at the hearing to | 16 | | determine
support despite having received proper notice, then | 17 | | any relevant financial
information concerning the | 18 | | non-custodial parent's ability to provide support
that was | 19 | | obtained pursuant to subpoena and proper notice shall be | 20 | | admitted
into evidence without the need to establish any | 21 | | further foundation for its
admission.
| 22 | | (c) The court shall determine the amount of maintenance | 23 | | using the standards
set forth in Section 504 of the Illinois | 24 | | Marriage and Dissolution of Marriage
Act.
| 25 | | (d) The court may, for violation of any order under this | 26 | | Section, punish the
offender as for a contempt of court, but no |
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| 1 | | pendente lite order shall remain in
effect longer than 4 | 2 | | months, or after the discharge of any panel of jurors
summoned | 3 | | for service thereafter in such court, whichever is sooner.
| 4 | | (e) Any order for support entered by the court under this | 5 | | Section shall be
deemed to be a series of judgments against the | 6 | | person obligated to pay support
under the judgments, each such | 7 | | judgment to be in the amount of each payment or
installment of | 8 | | support and each judgment to be deemed entered as of the date
| 9 | | the corresponding payment or installment becomes due under the | 10 | | terms of the
support order. Each judgment shall have the full | 11 | | force, effect, and attributes
of any other judgment of this | 12 | | State, including the ability to be enforced.
Each judgment is | 13 | | subject to modification or termination only in accordance with
| 14 | | Section 510 of the Illinois Marriage and Dissolution of | 15 | | Marriage Act. Notwithstanding any other State or local law to | 16 | | the contrary, a A lien
arises by operation of law against the | 17 | | real and personal property of the
noncustodial parent for each | 18 | | installment of overdue support owed by the
noncustodial parent.
| 19 | | (f) An order for support entered under this Section shall | 20 | | include a
provision requiring the obligor to report to the | 21 | | obligee and to the clerk of
the court within 10 days each time | 22 | | the obligor obtains new employment, and each
time the obligor's | 23 | | employment is terminated for any reason. The report shall
be in | 24 | | writing and shall, in the case of new employment, include the | 25 | | name and
address of the new employer.
| 26 | | Failure to report new employment or the termination of |
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| 1 | | current employment,
if coupled with nonpayment of support for a | 2 | | period in excess of 60 days, is
indirect criminal contempt. For | 3 | | any obligor arrested for failure to report new
employment, bond | 4 | | shall be set in the amount of the child support that should
| 5 | | have been paid during the period of unreported
employment.
| 6 | | An order for support entered under this Section shall also | 7 | | include a
provision requiring the obligor and obligee parents | 8 | | to advise each other of a
change in residence within 5 days of | 9 | | the change except when the court finds
that the physical, | 10 | | mental, or emotional health of a party or of a minor child,
or | 11 | | both, would be seriously endangered by disclosure of the | 12 | | party's address.
| 13 | | (g) An order for support entered or modified in a case in | 14 | | which a party is
receiving child support enforcement services | 15 | | under Article X of the Illinois
Public Aid Code shall include a | 16 | | provision requiring the noncustodial parent to
notify the | 17 | | Department of Healthcare and Family Services, within 7 days, of | 18 | | the name and
address of any new employer of the noncustodial | 19 | | parent, whether the
noncustodial parent has access to health | 20 | | insurance coverage through the
employer or other group coverage | 21 | | and, if so, the policy name and number
and the names of persons | 22 | | covered under the policy.
| 23 | | (h) In any subsequent action to enforce an order for | 24 | | support entered under
this Act, upon sufficient showing that | 25 | | diligent effort has been made to
ascertain the location of the | 26 | | noncustodial parent, service of process or
provision of notice |
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| 1 | | necessary in that action may be made at the last known
address | 2 | | of the noncustodial parent, in any manner expressly provided by | 3 | | the
Code of Civil Procedure or in this Act, which service shall | 4 | | be sufficient for
purposes of due process.
| 5 | | (i) An order for support shall include a date on which the | 6 | | current support
obligation terminates. The termination date | 7 | | shall be no earlier than the date
on which the child covered by | 8 | | the order will attain the age of 18. However, if
the child will | 9 | | not graduate from high school until after attaining the age of
| 10 | | 18, then the termination date shall be no earlier than the | 11 | | earlier of the date
on which the child's high school graduation | 12 | | will occur or the date on which the
child will attain the age | 13 | | of 19. The order for support shall state that the
termination | 14 | | date does not apply to any arrearage that may remain unpaid on | 15 | | that
date. Nothing in this subsection shall be construed to | 16 | | prevent the court from
modifying the order or terminating the | 17 | | order in the event the child is
otherwise emancipated.
| 18 | | (i-5) If there is an unpaid arrearage or delinquency (as | 19 | | those terms are defined in the Income Withholding for Support | 20 | | Act) equal to at least one month's support obligation on the | 21 | | termination date stated in the order for support or, if there | 22 | | is no termination date stated in the order, on the date the | 23 | | child attains the age of majority or is otherwise emancipated, | 24 | | the periodic amount required to be paid for current support of | 25 | | that child immediately prior to that date shall automatically | 26 | | continue to be an obligation, not as current support but as |
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| 1 | | periodic payment toward satisfaction of the unpaid arrearage or | 2 | | delinquency. That periodic payment shall be in addition to any | 3 | | periodic payment previously required for satisfaction of the | 4 | | arrearage or delinquency. The total periodic amount to be paid | 5 | | toward satisfaction of the arrearage or delinquency may be | 6 | | enforced and collected by any method provided by law for | 7 | | enforcement and collection of child support, including but not | 8 | | limited to income withholding under the Income Withholding for | 9 | | Support Act. Each order for support entered or modified on or | 10 | | after the effective date of this amendatory Act of the 93rd | 11 | | General Assembly must contain a statement notifying the parties | 12 | | of the requirements of this subsection. Failure to include the | 13 | | statement in the order for support does not affect the validity | 14 | | of the order or the operation of the provisions of this | 15 | | subsection with regard to the order. This subsection shall not | 16 | | be construed to prevent or affect the establishment or | 17 | | modification of an order for support of a minor child or the | 18 | | establishment or modification of an order for support of a | 19 | | non-minor child or educational expenses under Section 513 of | 20 | | the Illinois Marriage and Dissolution of Marriage Act.
| 21 | | (j) A support obligation, or any portion of a support | 22 | | obligation, which
becomes due and remains unpaid as of the end | 23 | | of each month, excluding the child support that was due for | 24 | | that month to the extent that it was not paid in that month, | 25 | | shall accrue simple interest
as set forth in Section 12-109 of | 26 | | the Code of Civil Procedure.
An order for support entered or |
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| 1 | | modified on or after January 1, 2006 shall
contain a statement | 2 | | that a support obligation required under the order, or any
| 3 | | portion of a support obligation required under the order, that | 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, shall accrue simple | 7 | | interest as set forth in Section 12-109 of the Code of Civil | 8 | | Procedure. Failure to include the statement in the order for | 9 | | support does
not affect the validity of the order or the | 10 | | accrual of interest as provided in
this Section.
| 11 | | (Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07.)
| 12 | | Section 20. The Illinois Parentage Act of 1984 is amended | 13 | | by changing Sections 13.1 and 14 as follows:
| 14 | | (750 ILCS 45/13.1)
| 15 | | Sec. 13.1. Temporary order for child support. | 16 | | Notwithstanding any other
law to the contrary, pending the | 17 | | outcome of a
judicial determination of parentage, the court | 18 | | shall issue a temporary order
for child support, upon motion by | 19 | | a party and a showing of clear and convincing
evidence of | 20 | | paternity. In determining the amount of the temporary child
| 21 | | support award, the court shall use the guidelines and standards | 22 | | set forth in
subsection (a) of Section 505 and in Section 505.2 | 23 | | of the Illinois Marriage and
Dissolution of Marriage Act.
| 24 | | Any new or existing support order entered by the court |
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| 1 | | under this Section
shall be deemed to be a series of judgments | 2 | | against the person obligated to pay
support
thereunder, each | 3 | | such judgment to be in the amount of each payment or
| 4 | | installment of support and each judgment to be deemed entered | 5 | | as of the date
the corresponding payment or installment becomes | 6 | | due under the terms of the
support order. Each such judgment | 7 | | shall have the full
force, effect, and attributes of any other | 8 | | judgment of this State, including
the ability to be enforced. | 9 | | Any such judgment is subject to modification or
termination | 10 | | only in accordance with Section 510 of the Illinois Marriage | 11 | | and
Dissolution of Marriage Act.
Notwithstanding any other | 12 | | State or local law to the contrary, a A lien arises by | 13 | | operation of law against the real and personal property of the
| 14 | | noncustodial parent for each
installment of overdue support | 15 | | owed by the noncustodial parent.
| 16 | | All orders for support, when entered or modified, shall | 17 | | include a provision
requiring the non-custodial parent to | 18 | | notify the court, and in cases in which a
party is receiving | 19 | | child support enforcement services under
Article X of the
| 20 | | Illinois Public Aid Code, the Department of Healthcare and | 21 | | Family Services, within 7 days,
(i) of the
name, address, and | 22 | | telephone number of any new employer of the non-custodial
| 23 | | parent, (ii) whether the non-custodial parent has access to | 24 | | health
insurance coverage through the employer or other group | 25 | | coverage, and, if so,
the policy name and number and the names | 26 | | of persons covered under the policy,
and (iii) of any new |
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| 1 | | residential or mailing address or telephone number
of the | 2 | | non-custodial parent.
| 3 | | In any subsequent action to enforce a support order, upon | 4 | | sufficient showing
that diligent effort has been made to | 5 | | ascertain the location of the
non-custodial parent, service of | 6 | | process or provision of notice necessary in
that action may be | 7 | | made at the last known address of the non-custodial parent,
in | 8 | | any manner expressly provided by the Code of Civil Procedure or | 9 | | in this Act,
which service shall be sufficient for purposes of | 10 | | due process.
| 11 | | An order for support shall include a date on which the | 12 | | current support
obligation terminates. The termination date | 13 | | shall be no earlier than the date
on which the child covered by | 14 | | the order will attain the age of majority or is
otherwise | 15 | | emancipated. The
order for support shall state that the | 16 | | termination date does not apply to any
arrearage that may | 17 | | remain unpaid on that date. Nothing in this paragraph
shall be | 18 | | construed to prevent the court from modifying the order.
| 19 | | If there is an unpaid arrearage or delinquency (as those | 20 | | terms are defined in the Income Withholding for Support Act) | 21 | | equal to at least one month's support obligation on the | 22 | | termination date stated in the order for support or, if there | 23 | | is no termination date stated in the order, on the date the | 24 | | child attains the age of majority or is otherwise emancipated, | 25 | | then the periodic amount required to be paid for current | 26 | | support of that child immediately prior to that date shall |
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| 1 | | automatically continue to be an obligation, not as current | 2 | | support but as periodic payment toward satisfaction of the | 3 | | unpaid arrearage or delinquency. That periodic payment shall be | 4 | | in addition to any periodic payment previously required for | 5 | | satisfaction of the arrearage or delinquency. The total | 6 | | periodic amount to be paid toward satisfaction of the arrearage | 7 | | or delinquency may be enforced and collected by any method | 8 | | provided by law for the enforcement and collection of child | 9 | | support, including but not limited to income withholding under | 10 | | the Income Withholding for Support Act. Each order for support | 11 | | entered or modified on or after the effective date of this | 12 | | amendatory Act of the 93rd General Assembly must contain a | 13 | | statement notifying the parties of the requirements of this | 14 | | paragraph. Failure to include the statement in the order for | 15 | | support does not affect the validity of the order or the | 16 | | operation of the provisions of this paragraph with regard to | 17 | | the order. This paragraph shall not be construed to prevent or | 18 | | affect the establishment or modification of an order for the | 19 | | support of a minor child or the establishment or modification | 20 | | of an order for the support of a non-minor child or educational | 21 | | expenses under Section 513 of the Illinois Marriage and | 22 | | Dissolution of Marriage Act.
| 23 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 24 | | (750 ILCS 45/14) (from Ch. 40, par. 2514)
| 25 | | Sec. 14. Judgment.
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| 1 | | (a) (1) The judgment shall contain or explicitly reserve
| 2 | | provisions concerning any duty and amount of child support
and | 3 | | may contain provisions concerning the custody and
guardianship | 4 | | of the child, visitation privileges with the child, the
| 5 | | furnishing of bond or other security for the payment of the | 6 | | judgment,
which the court shall determine in accordance with | 7 | | the relevant factors
set forth in the Illinois Marriage and | 8 | | Dissolution of Marriage
Act and any other applicable law of | 9 | | Illinois,
to guide the court in a finding in the best interests | 10 | | of the child.
In determining custody, joint custody, removal, | 11 | | or visitation, the court
shall apply
the relevant standards of | 12 | | the Illinois Marriage and Dissolution of Marriage
Act, | 13 | | including Section 609. Specifically, in determining the amount | 14 | | of any
child support award or child health insurance coverage, | 15 | | the
court shall use the guidelines and standards set forth in | 16 | | subsection (a) of
Section 505 and in Section 505.2 of the | 17 | | Illinois Marriage and Dissolution of
Marriage Act. For purposes | 18 | | of Section
505 of the Illinois Marriage and Dissolution of | 19 | | Marriage Act,
"net income" of the non-custodial parent shall | 20 | | include any benefits
available to that person under the | 21 | | Illinois Public Aid Code or from other
federal, State or local | 22 | | government-funded programs. The court shall, in
any event and | 23 | | regardless of the amount of the non-custodial parent's net
| 24 | | income, in its judgment order the non-custodial parent to pay | 25 | | child support
to the custodial parent in a minimum amount of | 26 | | not less than $10 per month, as long as such an order is |
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| 1 | | consistent with the requirements of Title IV, Part D of the | 2 | | Social Security Act.
In an action brought within 2 years after | 3 | | a judicial determination of parentage, the judgment or
order | 4 | | may direct either parent to pay the reasonable expenses | 5 | | incurred by
either parent or the Department of Healthcare and | 6 | | Family Services related to the mother's pregnancy and the | 7 | | delivery of the
child. The judgment or order shall contain the | 8 | | father's social security number,
which the father shall | 9 | | disclose to the court; however, failure to include the
father's | 10 | | social security number on the judgment or order does not | 11 | | invalidate
the judgment or order.
| 12 | | (2) If a judgment of parentage contains no explicit award | 13 | | of custody,
the establishment of a support obligation or of | 14 | | visitation rights in one
parent shall be considered a judgment | 15 | | granting custody to the other parent.
If the parentage judgment | 16 | | contains no such provisions, custody shall be
presumed to be | 17 | | with the mother;
however, the presumption shall not apply if | 18 | | the father has had
physical custody for at least 6
months prior | 19 | | to the date that the mother seeks to enforce custodial rights.
| 20 | | (b) The court shall order all child support payments, | 21 | | determined in
accordance with such guidelines, to commence with | 22 | | the date summons is
served. The level of current periodic | 23 | | support payments shall not be
reduced because of payments set | 24 | | for the period prior to the date of entry
of the support order. | 25 | | The Court may order any child support payments to be
made for a
| 26 | | period prior to the commencement of the action.
In determining |
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| 1 | | whether and the extent to which the
payments shall be made for | 2 | | any prior period, the court shall consider all
relevant facts, | 3 | | including the factors for determining the amount of support
| 4 | | specified in the Illinois Marriage and Dissolution of Marriage
| 5 | | Act and other equitable factors
including but not limited to:
| 6 | | (1) The father's prior knowledge of the fact and | 7 | | circumstances of the
child's birth.
| 8 | | (2) The father's prior willingness or refusal to help | 9 | | raise or
support the child.
| 10 | | (3) The extent to which the mother or the public agency | 11 | | bringing the
action previously informed the father of the | 12 | | child's needs or attempted
to seek or require his help in | 13 | | raising or supporting the child.
| 14 | | (4) The reasons the mother or the public agency did not | 15 | | file the
action earlier.
| 16 | | (5) The extent to which the father would be prejudiced | 17 | | by the delay in
bringing the action.
| 18 | | For purposes of determining the amount of child support to | 19 | | be paid for any
period before the date the order for current | 20 | | child support is entered, there is
a
rebuttable presumption | 21 | | that the father's net income for the prior period was
the same | 22 | | as his net income at the time the order for current child | 23 | | support is
entered.
| 24 | | If (i) the non-custodial parent was properly served with a | 25 | | request for
discovery of
financial information relating to the | 26 | | non-custodial parent's ability to provide
child support, (ii)
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| 1 | | the non-custodial parent failed to comply with the request, | 2 | | despite having been
ordered to
do so by the court, and (iii) | 3 | | the non-custodial parent is not present at the
hearing to
| 4 | | determine support despite having received proper notice, then | 5 | | any relevant
financial
information concerning the | 6 | | non-custodial parent's ability to provide child
support
that | 7 | | was
obtained pursuant to subpoena and proper notice shall be | 8 | | admitted into evidence
without
the need to establish any | 9 | | further foundation for its admission.
| 10 | | (c) Any new or existing support order entered by the court | 11 | | under this
Section shall be deemed to be a series of judgments
| 12 | | against the person obligated to pay support thereunder, each | 13 | | judgment
to be in the amount of each payment or installment of | 14 | | support and each such
judgment to be deemed entered as of the | 15 | | date the corresponding payment or
installment becomes due under | 16 | | the terms of the support order. Each
judgment shall have the | 17 | | full force, effect and attributes of any other
judgment of this | 18 | | State, including the ability to be enforced.
Notwithstanding | 19 | | any other State or local law to the contrary, a A lien arises | 20 | | by operation of law against the real and personal property of
| 21 | | the noncustodial parent for each installment of overdue support | 22 | | owed by the
noncustodial parent.
| 23 | | (d) If the judgment or order of the court is at variance | 24 | | with the child's
birth certificate, the court shall order that | 25 | | a new birth certificate be
issued under the Vital Records Act.
| 26 | | (e) On request of the mother and the father, the court |
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| 1 | | shall order a
change in the child's name. After hearing | 2 | | evidence the court may stay
payment of support during the | 3 | | period of the father's minority or period of
disability.
| 4 | | (f) If, upon a showing of proper service, the father fails | 5 | | to appear in
court, or
otherwise appear as provided by law, the | 6 | | court may proceed to hear the
cause upon testimony of the | 7 | | mother or other parties taken in open court and
shall enter a | 8 | | judgment by default. The court may reserve any order as to
the | 9 | | amount of child support until the father has received notice, | 10 | | by
regular mail, of a hearing on the matter.
| 11 | | (g) A one-time charge of 20% is imposable upon the amount | 12 | | of past-due
child support owed on July 1, 1988 which has | 13 | | accrued under a support order
entered by the court. The charge | 14 | | shall be imposed in accordance with the
provisions of Section | 15 | | 10-21 of the Illinois Public Aid Code and shall be
enforced by | 16 | | the court upon petition.
| 17 | | (h) All orders for support, when entered or
modified, shall | 18 | | include a provision requiring the non-custodial parent
to
| 19 | | notify the court and, in cases in which party is receiving | 20 | | child
support enforcement services under Article X of the | 21 | | Illinois Public Aid Code,
the
Department of Healthcare and | 22 | | Family Services, within 7 days, (i) of the name and
address of | 23 | | any new employer of the non-custodial parent, (ii) whether the
| 24 | | non-custodial
parent has access to health insurance coverage | 25 | | through the employer or other
group coverage and, if so, the | 26 | | policy name and number and the names of
persons
covered under |
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| 1 | | the policy, and (iii) of any new residential or mailing address
| 2 | | or telephone
number of the non-custodial parent. In any | 3 | | subsequent action to enforce a
support order, upon a sufficient | 4 | | showing that a diligent effort has been made
to ascertain the | 5 | | location of the non-custodial parent, service of process or
| 6 | | provision of notice necessary in the case may be made at the | 7 | | last known
address of the non-custodial parent in any manner | 8 | | expressly provided by the
Code of Civil Procedure or this Act, | 9 | | which service shall be sufficient for
purposes of due process.
| 10 | | (i) An order for support shall include a date on which the | 11 | | current
support obligation terminates. The termination date | 12 | | shall be no earlier
than
the date on which the child covered by | 13 | | the order will attain the age of
18. However, if the child will | 14 | | not graduate from high school until after
attaining the age
of | 15 | | 18, then the termination date shall be no earlier than the | 16 | | earlier of the
date on which
the child's high school graduation | 17 | | will occur or the date on which the child
will attain the
age | 18 | | of 19.
The order
for
support shall state that
the termination | 19 | | date does not apply to any arrearage that may remain unpaid on
| 20 | | that date. Nothing in this subsection shall be construed to | 21 | | prevent the court
from modifying the order
or terminating the | 22 | | order in the event the child is otherwise emancipated.
| 23 | | (i-5) If there is an unpaid arrearage or delinquency (as | 24 | | those terms are defined in the Income Withholding for Support | 25 | | Act) equal to at least one month's support obligation on the | 26 | | termination date stated in the order for support or, if there |
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| 1 | | is no termination date stated in the order, on the date the | 2 | | child attains the age of majority or is otherwise emancipated, | 3 | | the periodic amount required to be paid for current support of | 4 | | that child immediately prior to that date shall automatically | 5 | | continue to be an obligation, not as current support but as | 6 | | periodic payment toward satisfaction of the unpaid arrearage or | 7 | | delinquency. That periodic payment shall be in addition to any | 8 | | periodic payment previously required for satisfaction of the | 9 | | arrearage or delinquency. The total periodic amount to be paid | 10 | | toward satisfaction of the arrearage or delinquency may be | 11 | | enforced and collected by any method provided by law for | 12 | | enforcement and collection of child support, including but not | 13 | | limited to income withholding under the Income Withholding for | 14 | | Support Act. Each order for support entered or modified on or | 15 | | after the effective date of this amendatory Act of the 93rd | 16 | | General Assembly must contain a statement notifying the parties | 17 | | of the requirements of this subsection. Failure to include the | 18 | | statement in the order for support does not affect the validity | 19 | | of the order or the operation of the provisions of this | 20 | | subsection with regard to the order. This subsection shall not | 21 | | be construed to prevent or affect the establishment or | 22 | | modification of an order for support of a minor child or the | 23 | | establishment or modification of an order for support of a | 24 | | non-minor child or educational expenses under Section 513 of | 25 | | the Illinois Marriage and Dissolution of Marriage Act.
| 26 | | (j) An order entered under this Section shall include a |
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| 1 | | provision
requiring the obligor to report to the obligee and to | 2 | | the clerk of court within
10 days each time the obligor obtains | 3 | | new employment, and each time the
obligor's employment is | 4 | | terminated for any reason.
The report shall be in writing and | 5 | | shall, in the case of new employment,
include the name and | 6 | | address of the new employer.
Failure to report new employment | 7 | | or
the termination of current employment, if coupled with | 8 | | nonpayment of support
for a period in excess of 60 days, is | 9 | | indirect criminal contempt. For
any obligor arrested for | 10 | | failure to report new employment bond shall be set in
the | 11 | | amount of the child support that should have been paid during | 12 | | the period of
unreported employment. An order entered under | 13 | | this Section shall also include
a provision requiring the | 14 | | obligor and obligee parents to advise each other of a
change in | 15 | | residence within 5 days of the change
except when the court | 16 | | finds that the physical, mental, or emotional health
of a party | 17 | | or that of a minor child, or both, would be seriously | 18 | | endangered by
disclosure of the party's address.
| 19 | | (Source: P.A. 94-923, eff. 1-1-07; 94-1061, eff. 1-1-07; | 20 | | 95-331, eff. 8-21-07; 95-864, eff. 1-1-09.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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