Full Text of SB0629 98th General Assembly
SB0629sam001 98TH GENERAL ASSEMBLY | Sen. Donne E. Trotter Filed: 5/17/2013
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| 1 | | AMENDMENT TO SENATE BILL 629
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 629 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Pharmacy Practice Act is amended by adding | 5 | | Section 26.5 as follows: | 6 | | (225 ILCS 85/26.5 new) | 7 | | Sec. 26.5. Unemployed persons. If a person is unemployed | 8 | | and requires prescription medication, then upon filing for | 9 | | benefits with the Department of Employment Security or upon | 10 | | applying for Medicaid benefits with the Department of | 11 | | Healthcare and Family Services, the respective Department | 12 | | shall inform the applicant of benefits of acquiring | 13 | | prescription medications via materials developed by the agency | 14 | | and distributed through that respective agency. | 15 | | Section 10. The Energy Assistance Act is amended by adding |
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| 1 | | Section 7.5 as follows: | 2 | | (305 ILCS 20/7.5 new) | 3 | | Sec. 7.5. Residential hardship programs. An energy | 4 | | provider shall give notice and shall supply information | 5 | | accessible by the internet about any program it is offering to | 6 | | residential customers experiencing difficulty in paying | 7 | | utility bills due to financial hardship. If a residential | 8 | | customer contacts an energy provider concerning the customer's | 9 | | financial hardship and inability to pay utility bills for | 10 | | winter energy services, then the energy provider shall refer | 11 | | the customer to the Low Income Home Energy Assistance Program | 12 | | managed by the Department of Commerce and Economic Opportunity. | 13 | | When making a referral, the energy provider shall inform the | 14 | | customer that the Low Income Home Energy Assistance Program is | 15 | | designed to assist income-eligible households with winter | 16 | | energy services through payment in the form of a grant for | 17 | | assistance made on behalf of the customer to the energy | 18 | | provider. An energy provider shall post information concerning | 19 | | the Low Income Home Energy Assistance Program on its website | 20 | | and the information shall also be made available upon a | 21 | | customer's request. | 22 | | Section 15. The Code of Civil Procedure is amended by | 23 | | changing Section 15-1508 as follows: |
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| 1 | | (735 ILCS 5/15-1508) (from Ch. 110, par. 15-1508) | 2 | | (Text of Section before amendment by P.A. 97-1164 ) | 3 | | Sec. 15-1508. Report of Sale and Confirmation of Sale. | 4 | | (a) Report. The person conducting the sale shall promptly | 5 | | make a report to
the court, which report shall include a copy | 6 | | of all receipts and, if any,
certificate of sale. | 7 | | (b) Hearing. Upon motion and notice in accordance with | 8 | | court rules
applicable to motions generally, which motion shall | 9 | | not be made prior to
sale, the court shall conduct a hearing to
| 10 | | confirm the sale. Unless the court finds that (i) a notice | 11 | | required in
accordance with subsection (c) of Section 15-1507 | 12 | | was not given, (ii) the
terms of sale were unconscionable, | 13 | | (iii) the sale was conducted
fraudulently, or (iv) justice was | 14 | | otherwise not done, the court shall
then enter an order | 15 | | confirming the sale. The confirmation order shall include a | 16 | | name, address, and telephone number of the holder of the | 17 | | certificate of sale or deed issued pursuant to that certificate | 18 | | or, if no certificate or deed was issued, the purchaser, whom a | 19 | | municipality or county may contact with concerns about the real | 20 | | estate. The confirmation order may
also: | 21 | | (1) approve the mortgagee's fees and costs arising | 22 | | between the entry of
the judgment of foreclosure and the | 23 | | confirmation hearing, those costs and
fees to be allowable | 24 | | to the same extent as provided in the note and mortgage
and | 25 | | in Section 15-1504; | 26 | | (2) provide for a personal judgment against any party |
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| 1 | | for a deficiency;
and | 2 | | (3) determine the priority of the judgments of parties | 3 | | who deferred proving
the priority pursuant to subsection | 4 | | (h) of Section 15-1506, but
the court shall not
defer | 5 | | confirming the sale pending the determination of such | 6 | | priority. | 7 | | (b-5) Notice with respect to residential real estate. With | 8 | | respect to residential real estate, the notice required under | 9 | | subsection (b) of this Section shall be sent to the mortgagor | 10 | | even if the mortgagor has previously been held in default. In | 11 | | the event the mortgagor has filed an appearance, the notice | 12 | | shall be sent to the address indicated on the appearance. In | 13 | | all other cases, the notice shall be sent to the mortgagor at | 14 | | the common address of the foreclosed property. The notice shall | 15 | | be sent by first class mail. Unless the right to possession has | 16 | | been previously terminated by the court, the notice shall | 17 | | include the following language in 12-point boldface | 18 | | capitalized type: | 19 | | IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO | 20 | | REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF | 21 | | POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE | 22 | | ILLINOIS MORTGAGE FORECLOSURE LAW. | 23 | | (b-10) Notice of confirmation order sent to municipality or | 24 | | county. A copy of the confirmation order required under | 25 | | subsection (b) shall be sent to the municipality in which the | 26 | | foreclosed property is located, or to the county within the |
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| 1 | | boundary of which the foreclosed property is located if the | 2 | | foreclosed property is located in an unincorporated territory. | 3 | | A municipality or county must clearly publish on its website a | 4 | | single address to which such notice shall be sent. If a | 5 | | municipality or county does not maintain a website, then the | 6 | | municipality or county must publicly post in its main office a | 7 | | single address to which such notice shall be sent. In the event | 8 | | that a municipality or county has not complied with the | 9 | | publication requirement in this subsection (b-10), then such | 10 | | notice to the municipality or county shall be provided pursuant | 11 | | to Section 2-211 of the Code of Civil Procedure. | 12 | | (c) Failure to Give Notice. If any sale is held without | 13 | | compliance with
subsection (c) of Section 15-1507 of this | 14 | | Article, any party entitled to
the notice provided for in | 15 | | paragraph (3) of that subsection
(c) who was not so notified | 16 | | may, by motion supported by affidavit
made prior to | 17 | | confirmation of such sale, ask the court which entered the
| 18 | | judgment to set aside the sale. Any such party shall guarantee | 19 | | or secure by bond a bid equal to the successful bid at the | 20 | | prior sale, unless the party seeking to set aside the sale is | 21 | | the mortgagor, the real estate sold at the sale is residential | 22 | | real estate, and the mortgagor occupies the residential real | 23 | | estate at the time the motion is filed. In that event, no | 24 | | guarantee or bond shall be required of the mortgagor. Any
| 25 | | subsequent sale is subject to the same notice requirement as | 26 | | the original sale. |
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| 1 | | (d) Validity of Sale. Except as provided in subsection (c) | 2 | | of Section
15-1508, no sale under this Article shall be held | 3 | | invalid or be set aside
because of any defect in the notice | 4 | | thereof or in the publication of the
same, or in the | 5 | | proceedings of the officer conducting the sale, except upon
| 6 | | good cause shown in a hearing pursuant to subsection (b) of | 7 | | Section
15-1508. At any time after a sale has occurred, any | 8 | | party entitled to
notice under paragraph (3) of subsection (c) | 9 | | of Section 15-1507 may recover
from the mortgagee any damages | 10 | | caused by the mortgagee's failure to comply
with such paragraph | 11 | | (3). Any party who recovers damages in a judicial
proceeding | 12 | | brought under this subsection may also recover from the
| 13 | | mortgagee the reasonable expenses of litigation, including | 14 | | reasonable attorney's fees. | 15 | | (d-5) Making Home Affordable Program. The court that | 16 | | entered the judgment shall set aside a sale held pursuant to | 17 | | Section 15-1507, upon motion of the mortgagor at any time prior | 18 | | to the confirmation of the sale, if the mortgagor proves by a | 19 | | preponderance of the evidence that (i) the mortgagor has | 20 | | applied for assistance under the Making Home Affordable Program | 21 | | established by the United States Department of the Treasury | 22 | | pursuant to the Emergency Economic Stabilization Act of 2008, | 23 | | as amended by the American Recovery and Reinvestment Act of | 24 | | 2009, and (ii) the mortgaged real estate was sold in material | 25 | | violation of the program's requirements for proceeding to a | 26 | | judicial sale. The provisions of this subsection (d-5), except |
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| 1 | | for this sentence, shall become inoperative on January 1, 2014 | 2 | | for all actions filed under this Article after December 31, | 3 | | 2013, in which the mortgagor did not apply for assistance under | 4 | | the Making Home Affordable Program on or before December 31, | 5 | | 2013. | 6 | | (d-10) Illinois Hardest Hit Program. The court that entered | 7 | | the judgment shall set aside a sale held pursuant to Section | 8 | | 15-1507 of this Act, upon motion of the mortgagor at any time | 9 | | prior to the confirmation of the sale, if the mortgagor proves | 10 | | by a preponderance of the evidence that (i) the mortgagor is | 11 | | receiving assistance under the Illinois Hardest Hit Program as | 12 | | created by 12 U.S.C. 5211 and 12 U.S.C. 5219, and administered | 13 | | by the Illinois Housing Development Authority pursuant to the | 14 | | Illinois Housing Development Act and (ii) the assistance | 15 | | received under part (i) of this subsection has enabled the | 16 | | mortgagor to reinstate the mortgage pursuant to Section 15-1602 | 17 | | of this Act and make continuing mortgage payments as available | 18 | | under the Illinois Hardest Hit Program to avoid default. | 19 | | Nothing in this subsection shall prohibit the mortgagee from | 20 | | proceeding in the foreclosure action upon a subsequent default | 21 | | of the mortgagor. Except for this sentence, this subsection is | 22 | | inoperative on and after January 1, 2017 for all actions filed | 23 | | under this Article after December 31, 2016 in which the | 24 | | mortgagor did not begin receiving the assistance described in | 25 | | this subsection under the Illinois Hardest Hit Program on or | 26 | | before December 31, 2016. |
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| 1 | | (e) Deficiency Judgment. In any order confirming a sale | 2 | | pursuant to the
judgment of foreclosure, the court shall also | 3 | | enter a personal judgment
for deficiency against any party (i) | 4 | | if otherwise authorized and (ii) to
the extent requested in the | 5 | | complaint and proven upon presentation of the
report of sale in | 6 | | accordance with Section 15-1508. Except as otherwise provided
| 7 | | in this Article, a judgment may be entered for any balance of | 8 | | money that
may be found due to the plaintiff, over and above | 9 | | the proceeds of the sale
or sales, and enforcement may be had | 10 | | for the collection of such balance,
the same as when the | 11 | | judgment is solely for the payment of money. Such
judgment may | 12 | | be entered, or enforcement had,
only in cases where personal | 13 | | service has been had upon the
persons personally liable for the | 14 | | mortgage indebtedness, unless they have
entered their | 15 | | appearance in the foreclosure action. | 16 | | (f) Satisfaction. Upon confirmation of the sale, the
| 17 | | judgment stands satisfied to the extent of the sale price less | 18 | | expenses and
costs. If the order confirming the sale includes a | 19 | | deficiency judgment, the
judgment shall become a lien in the | 20 | | manner of any other
judgment for the payment of money. | 21 | | (g) The order confirming the sale shall include, | 22 | | notwithstanding any
previous orders awarding possession during | 23 | | the pendency of the foreclosure, an
award to the purchaser of | 24 | | possession of the mortgaged real estate, as of the
date 30 days | 25 | | after the entry of the order, against the
parties to the | 26 | | foreclosure whose interests have been terminated. |
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| 1 | | An order of possession authorizing the removal of a person | 2 | | from possession
of the mortgaged real estate shall be entered | 3 | | and enforced only against those
persons personally
named as | 4 | | individuals in the complaint or the petition under subsection | 5 | | (h)
of Section 15-1701 and in the order of possession and shall
| 6 | | not be entered and enforced against any person who is only | 7 | | generically
described as an
unknown owner or nonrecord claimant | 8 | | or by another generic designation in the
complaint. | 9 | | Notwithstanding the preceding paragraph, the failure to | 10 | | personally
name,
include, or seek an award of
possession of the | 11 | | mortgaged real estate against a person in the
confirmation | 12 | | order shall not abrogate any right that the purchaser may have | 13 | | to
possession of the mortgaged real estate and to maintain a | 14 | | proceeding against
that person for
possession under Article 9 | 15 | | of this Code or subsection (h) of Section 15-1701;
and | 16 | | possession against a person
who (1) has not been personally | 17 | | named as a party to the
foreclosure and (2) has not been | 18 | | provided an opportunity to be heard in the
foreclosure | 19 | | proceeding may be sought only by maintaining a
proceeding under | 20 | | Article 9 of this
Code or subsection (h) of Section 15-1701. | 21 | | (h) With respect to mortgaged real estate containing 5 or | 22 | | more dwelling units, the order confirming the sale shall also | 23 | | provide that (i) the mortgagor shall transfer to the purchaser | 24 | | the security deposits, if any, that the mortgagor received to | 25 | | secure payment of rent or to compensate for damage to the | 26 | | mortgaged real estate from any current occupant of a dwelling |
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| 1 | | unit of the mortgaged real estate, as well as any statutory | 2 | | interest that has not been paid to the occupant, and (ii) the | 3 | | mortgagor shall provide an accounting of the security deposits | 4 | | that are transferred, including the name and address of each | 5 | | occupant for whom the mortgagor holds the deposit and the | 6 | | amount of the deposit and any statutory interest. | 7 | | (Source: P.A. 96-265, eff. 8-11-09; 96-856, eff. 3-1-10; | 8 | | 96-1245, eff. 7-23-10; 97-333, eff. 8-12-11; 97-575, eff. | 9 | | 8-26-11; 97-1159, eff. 1-29-13.) | 10 | | (Text of Section after amendment by P.A. 97-1164 ) | 11 | | Sec. 15-1508. Report of Sale and Confirmation of Sale. | 12 | | (a) Report. The person conducting the sale shall promptly | 13 | | make a report to
the court, which report shall include a copy | 14 | | of all receipts and, if any,
certificate of sale. | 15 | | (b) Hearing. Upon motion and notice in accordance with | 16 | | court rules
applicable to motions generally, which motion shall | 17 | | not be made prior to
sale, the court shall conduct a hearing to
| 18 | | confirm the sale. Unless the court finds that (i) a notice | 19 | | required in
accordance with subsection (c) of Section 15-1507 | 20 | | was not given, (ii) the
terms of sale were unconscionable, | 21 | | (iii) the sale was conducted
fraudulently, or (iv) justice was | 22 | | otherwise not done, the court shall
then enter an order | 23 | | confirming the sale. The confirmation order shall include a | 24 | | name, address, and telephone number of the holder of the | 25 | | certificate of sale or deed issued pursuant to that certificate |
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| 1 | | or, if no certificate or deed was issued, the purchaser, whom a | 2 | | municipality or county may contact with concerns about the real | 3 | | estate. The confirmation order may
also: | 4 | | (1) approve the mortgagee's fees and costs arising | 5 | | between the entry of
the judgment of foreclosure and the | 6 | | confirmation hearing, those costs and
fees to be allowable | 7 | | to the same extent as provided in the note and mortgage
and | 8 | | in Section 15-1504; | 9 | | (2) provide for a personal judgment against any party | 10 | | for a deficiency;
and | 11 | | (3) determine the priority of the judgments of parties | 12 | | who deferred proving
the priority pursuant to subsection | 13 | | (h) of Section 15-1506, but
the court shall not
defer | 14 | | confirming the sale pending the determination of such | 15 | | priority. | 16 | | (b-3) Hearing to confirm sale of abandoned residential | 17 | | property. Upon motion and notice by first-class mail to the | 18 | | last known address of the mortgagor, which motion shall be made | 19 | | prior to the sale and heard by the court at the earliest | 20 | | practicable time after conclusion of the sale, and upon the | 21 | | posting at the property address of the notice required by | 22 | | paragraph (2) of subsection (l) of Section 15-1505.8, the court | 23 | | shall enter an order confirming the sale of the abandoned | 24 | | residential property, unless the court finds that a reason set | 25 | | forth in items (i) through (iv) of subsection (b) of this | 26 | | Section exists for not approving the sale, or an order is |
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| 1 | | entered pursuant to subsection (h) of Section 15-1505.8. The | 2 | | confirmation order also may address the matters identified in | 3 | | items (1) through (3) of subsection (b) of this Section. The | 4 | | notice required under subsection (b-5) of this Section shall | 5 | | not be required. | 6 | | (b-5) Notice with respect to residential real estate. With | 7 | | respect to residential real estate, the notice required under | 8 | | subsection (b) of this Section shall be sent to the mortgagor | 9 | | even if the mortgagor has previously been held in default. In | 10 | | the event the mortgagor has filed an appearance, the notice | 11 | | shall be sent to the address indicated on the appearance. In | 12 | | all other cases, the notice shall be sent to the mortgagor at | 13 | | the common address of the foreclosed property. The notice shall | 14 | | be sent by first class mail. Unless the right to possession has | 15 | | been previously terminated by the court, the notice shall | 16 | | include the following language in 12-point boldface | 17 | | capitalized type: | 18 | | IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO | 19 | | REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF | 20 | | POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE | 21 | | ILLINOIS MORTGAGE FORECLOSURE LAW. | 22 | | (b-10) Notice of confirmation order sent to municipality or | 23 | | county. A copy of the confirmation order required under | 24 | | subsection (b) shall be sent to the municipality in which the | 25 | | foreclosed property is located, or to the county within the | 26 | | boundary of which the foreclosed property is located if the |
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| 1 | | foreclosed property is located in an unincorporated territory. | 2 | | A municipality or county must clearly publish on its website a | 3 | | single address to which a copy of the order shall be sent. If a | 4 | | municipality or county does not maintain a website, then the | 5 | | municipality or county must publicly post in its main office a | 6 | | single address to which a copy of the order shall be sent. In | 7 | | the event that a municipality or county has not complied with | 8 | | the publication requirement in this subsection (b-10), then a | 9 | | copy of the order shall be sent by first class mail, postage | 10 | | prepaid, to the chairperson of the county board or county clerk | 11 | | in the case of a county, to the mayor or city clerk in the case | 12 | | of a city, to the president of the board of trustees or village | 13 | | clerk in the case of a village, or to the president or town | 14 | | clerk in the case of a town. | 15 | | (b-15) Notice of confirmation order sent to known insurers. | 16 | | With respect to residential real estate, the party filing the | 17 | | complaint shall send a copy of the confirmation order required | 18 | | under subsection (b) by first class mail, postage prepaid, to | 19 | | the last known property insurer of the foreclosed property. | 20 | | Failure to send or receive a copy of the order shall not impair | 21 | | or abrogate in any way the rights of the mortgagee or purchaser | 22 | | or affect the status of the foreclosure proceedings. | 23 | | (c) Failure to Give Notice. If any sale is held without | 24 | | compliance with
subsection (c) of Section 15-1507 of this | 25 | | Article, any party entitled to
the notice provided for in | 26 | | paragraph (3) of that subsection
(c) who was not so notified |
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| 1 | | may, by motion supported by affidavit
made prior to | 2 | | confirmation of such sale, ask the court which entered the
| 3 | | judgment to set aside the sale. Any such party shall guarantee | 4 | | or secure by bond a bid equal to the successful bid at the | 5 | | prior sale, unless the party seeking to set aside the sale is | 6 | | the mortgagor, the real estate sold at the sale is residential | 7 | | real estate, and the mortgagor occupies the residential real | 8 | | estate at the time the motion is filed. In that event, no | 9 | | guarantee or bond shall be required of the mortgagor. Any
| 10 | | subsequent sale is subject to the same notice requirement as | 11 | | the original sale. | 12 | | (d) Validity of Sale. Except as provided in subsection (c) | 13 | | of Section
15-1508, no sale under this Article shall be held | 14 | | invalid or be set aside
because of any defect in the notice | 15 | | thereof or in the publication of the
same, or in the | 16 | | proceedings of the officer conducting the sale, except upon
| 17 | | good cause shown in a hearing pursuant to subsection (b) of | 18 | | Section
15-1508. At any time after a sale has occurred, any | 19 | | party entitled to
notice under paragraph (3) of subsection (c) | 20 | | of Section 15-1507 may recover
from the mortgagee any damages | 21 | | caused by the mortgagee's failure to comply
with such paragraph | 22 | | (3). Any party who recovers damages in a judicial
proceeding | 23 | | brought under this subsection may also recover from the
| 24 | | mortgagee the reasonable expenses of litigation, including | 25 | | reasonable attorney's fees. | 26 | | (d-5) Making Home Affordable Program. The court that |
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| 1 | | entered the judgment shall set aside a sale held pursuant to | 2 | | Section 15-1507, upon motion of the mortgagor at any time prior | 3 | | to the confirmation of the sale, if the mortgagor proves by a | 4 | | preponderance of the evidence that (i) the mortgagor has | 5 | | applied for assistance under the Making Home Affordable Program | 6 | | established by the United States Department of the Treasury | 7 | | pursuant to the Emergency Economic Stabilization Act of 2008, | 8 | | as amended by the American Recovery and Reinvestment Act of | 9 | | 2009, and (ii) the mortgaged real estate was sold in material | 10 | | violation of the program's requirements for proceeding to a | 11 | | judicial sale. The provisions of this subsection (d-5), except | 12 | | for this sentence, shall become inoperative on January 1, 2014 | 13 | | for all actions filed under this Article after December 31, | 14 | | 2013, in which the mortgagor did not apply for assistance under | 15 | | the Making Home Affordable Program on or before December 31, | 16 | | 2013. | 17 | | (d-10) Illinois Hardest Hit Program. The court that entered | 18 | | the judgment shall set aside a sale held pursuant to Section | 19 | | 15-1507 of this Act, upon motion of the mortgagor at any time | 20 | | prior to the confirmation of the sale, if the mortgagor proves | 21 | | by a preponderance of the evidence that (i) the mortgagor is | 22 | | receiving assistance under the Illinois Hardest Hit Program as | 23 | | created by 12 U.S.C. 5211 and 12 U.S.C. 5219, and administered | 24 | | by the Illinois Housing Development Authority pursuant to the | 25 | | Illinois Housing Development Act and (ii) the assistance | 26 | | received under part (i) of this subsection has enabled the |
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| 1 | | mortgagor to reinstate the mortgage pursuant to Section 15-1602 | 2 | | of this Act and make continuing mortgage payments as available | 3 | | under the Illinois Hardest Hit Program to avoid default. | 4 | | Nothing in this subsection shall prohibit the mortgagee from | 5 | | proceeding in the foreclosure action upon a subsequent default | 6 | | of the mortgagor. Except for this sentence, this subsection is | 7 | | inoperative on and after January 1, 2017 for all actions filed | 8 | | under this Article after December 31, 2016 in which the | 9 | | mortgagor did not begin receiving the assistance described in | 10 | | this subsection under the Illinois Hardest Hit Program on or | 11 | | before December 31, 2016. | 12 | | (e) Deficiency Judgment. In any order confirming a sale | 13 | | pursuant to the
judgment of foreclosure, the court shall also | 14 | | enter a personal judgment
for deficiency against any party (i) | 15 | | if otherwise authorized and (ii) to
the extent requested in the | 16 | | complaint and proven upon presentation of the
report of sale in | 17 | | accordance with Section 15-1508. Except as otherwise provided
| 18 | | in this Article, a judgment may be entered for any balance of | 19 | | money that
may be found due to the plaintiff, over and above | 20 | | the proceeds of the sale
or sales, and enforcement may be had | 21 | | for the collection of such balance,
the same as when the | 22 | | judgment is solely for the payment of money. Such
judgment may | 23 | | be entered, or enforcement had,
only in cases where personal | 24 | | service has been had upon the
persons personally liable for the | 25 | | mortgage indebtedness, unless they have
entered their | 26 | | appearance in the foreclosure action. |
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| 1 | | (f) Satisfaction. Upon confirmation of the sale, the
| 2 | | judgment stands satisfied to the extent of the sale price less | 3 | | expenses and
costs. If the order confirming the sale includes a | 4 | | deficiency judgment, the
judgment shall become a lien in the | 5 | | manner of any other
judgment for the payment of money. | 6 | | (g) The order confirming the sale shall include, | 7 | | notwithstanding any
previous orders awarding possession during | 8 | | the pendency of the foreclosure, an
award to the purchaser of | 9 | | possession of the mortgaged real estate, as of the
date 30 days | 10 | | after the entry of the order, against the
parties to the | 11 | | foreclosure whose interests have been terminated. | 12 | | An order of possession authorizing the removal of a person | 13 | | from possession
of the mortgaged real estate shall be entered | 14 | | and enforced only against those
persons personally
named as | 15 | | individuals in the complaint or the petition under subsection | 16 | | (h)
of Section 15-1701 and in the order of possession and shall
| 17 | | not be entered and enforced against any person who is only | 18 | | generically
described as an
unknown owner or nonrecord claimant | 19 | | or by another generic designation in the
complaint. | 20 | | Notwithstanding the preceding paragraph, the failure to | 21 | | personally
name,
include, or seek an award of
possession of the | 22 | | mortgaged real estate against a person in the
confirmation | 23 | | order shall not abrogate any right that the purchaser may have | 24 | | to
possession of the mortgaged real estate and to maintain a | 25 | | proceeding against
that person for
possession under Article 9 | 26 | | of this Code or subsection (h) of Section 15-1701;
and |
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| 1 | | possession against a person
who (1) has not been personally | 2 | | named as a party to the
foreclosure and (2) has not been | 3 | | provided an opportunity to be heard in the
foreclosure | 4 | | proceeding may be sought only by maintaining a
proceeding under | 5 | | Article 9 of this
Code or subsection (h) of Section 15-1701. | 6 | | (h) With respect to mortgaged real estate containing 5 or | 7 | | more dwelling units, the order confirming the sale shall also | 8 | | provide that (i) the mortgagor shall transfer to the purchaser | 9 | | the security deposits, if any, that the mortgagor received to | 10 | | secure payment of rent or to compensate for damage to the | 11 | | mortgaged real estate from any current occupant of a dwelling | 12 | | unit of the mortgaged real estate, as well as any statutory | 13 | | interest that has not been paid to the occupant, and (ii) the | 14 | | mortgagor shall provide an accounting of the security deposits | 15 | | that are transferred, including the name and address of each | 16 | | occupant for whom the mortgagor holds the deposit and the | 17 | | amount of the deposit and any statutory interest. | 18 | | (Source: P.A. 96-265, eff. 8-11-09; 96-856, eff. 3-1-10; | 19 | | 96-1245, eff. 7-23-10; 97-333, eff. 8-12-11; 97-575, eff. | 20 | | 8-26-11; 97-1159, eff. 1-29-13; 97-1164, eff. 6-1-13; revised | 21 | | 2-22-13.) | 22 | | Section 20. The Illinois Marriage and Dissolution of | 23 | | Marriage Act is amended by changing Section 505 as follows:
| 24 | | (750 ILCS 5/505) (from Ch. 40, par. 505)
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| 1 | | Sec. 505. Child support; contempt; penalties.
| 2 | | (a) In a proceeding for dissolution of marriage, legal | 3 | | separation,
declaration of invalidity of marriage, a | 4 | | proceeding for child support
following dissolution of the | 5 | | marriage by a court that lacked personal
jurisdiction over the | 6 | | absent spouse, a proceeding for modification of a
previous | 7 | | order for child support under Section 510 of this Act, or any
| 8 | | proceeding authorized under Section 501 or 601 of this Act, the | 9 | | court may
order either or both parents owing a duty of support | 10 | | to a child of the
marriage to pay an amount reasonable and | 11 | | necessary for the support of the child, without
regard to | 12 | | marital misconduct. The duty of support owed to a child
| 13 | | includes the obligation to provide for the reasonable and | 14 | | necessary
educational, physical, mental and emotional health | 15 | | needs of the child.
For purposes of this Section, the term | 16 | | "child" shall include any child under
age 18 and
any child | 17 | | under age 19 who is still attending high school.
| 18 | | (1) The Court shall determine the minimum amount of | 19 | | support by using the
following guidelines:
|
|
20 | | Number of Children |
Percent of Supporting Party's |
|
21 | | |
Net Income |
|
22 | | 1 |
20% |
|
23 | | 2 |
28% |
|
24 | | 3 |
32% |
|
25 | | 4 |
40% |
|
26 | | 5 |
45% |
|
|
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| |
2 | | (2) The above guidelines shall be applied in each case | 3 | | unless the court
finds that a deviation from the guidelines | 4 | | is appropriate after considering the best interest of the | 5 | | child in light of the evidence, including, but not limited | 6 | | to, one or more of the following relevant
factors:
| 7 | | (a) the financial resources and needs of the child;
| 8 | | (b) the financial resources and needs of the | 9 | | custodial parent;
| 10 | | (c) the standard of living the child would have | 11 | | enjoyed had the
marriage not been dissolved;
| 12 | | (d) the physical, mental, and emotional needs of | 13 | | the child;
| 14 | | (d-5) the educational needs of the child; and
| 15 | | (e) the financial resources and needs of the | 16 | | non-custodial parent.
| 17 | | If the court deviates from the guidelines, the court's | 18 | | finding
shall state the amount of support that would have | 19 | | been required under the
guidelines, if determinable. The | 20 | | court shall include the reason or reasons for
the variance | 21 | | from the
guidelines.
| 22 | | (2.5) The court, in its discretion, in addition to | 23 | | setting child support pursuant to the guidelines and | 24 | | factors, may order either or both parents owing a duty of | 25 | | support to a child of the marriage to contribute to the | 26 | | following expenses, if determined by the court to be |
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| 1 | | reasonable: | 2 | | (a) health needs not covered by insurance; | 3 | | (b) child care; | 4 | | (c) education; and | 5 | | (d) extracurricular activities.
| 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 and premiums | 18 | | for life insurance ordered by the court to reasonably | 19 | | secure payment of ordered child support;
| 20 | | (g) Prior obligations of support or maintenance | 21 | | actually paid pursuant
to a court order;
| 22 | | (h) Expenditures for repayment of debts that | 23 | | represent reasonable and
necessary expenses for the | 24 | | production of income, medical expenditures
necessary | 25 | | to preserve life or health, reasonable expenditures | 26 | | for the
benefit of the child and the other parent, |
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| 1 | | exclusive of gifts. The court
shall reduce net income | 2 | | in determining the minimum amount of support to be
| 3 | | ordered only for the period that such payments are due | 4 | | and shall enter an
order containing provisions for its | 5 | | self-executing modification upon
termination of such | 6 | | payment period;
| 7 | | (i) Foster care payments paid by the Department of | 8 | | Children and Family Services for providing licensed | 9 | | foster care to a foster child.
| 10 | | (4) In cases where the court order provides for
| 11 | | health/hospitalization insurance coverage pursuant to | 12 | | Section 505.2 of
this Act, the premiums for that insurance, | 13 | | or that portion of the premiums
for which the supporting | 14 | | party is responsible in the case of insurance
provided | 15 | | through an employer's health insurance plan where
the | 16 | | employer pays a portion of the premiums, shall be | 17 | | subtracted
from net income in determining the minimum | 18 | | amount of support to be ordered.
| 19 | | (4.5) In a proceeding for child support following | 20 | | dissolution of the
marriage by a court that lacked personal | 21 | | jurisdiction over the absent spouse,
and in which the court | 22 | | is requiring payment of support for the period before
the | 23 | | date an order for current support is entered, there is a | 24 | | rebuttable
presumption
that the supporting party's net | 25 | | income for the prior period was the same as his
or her net | 26 | | income at the time the order for current support is |
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| 1 | | entered.
| 2 | | (5) If the net income cannot be determined because of | 3 | | default or any
other reason, the court shall order support | 4 | | in an amount considered
reasonable in the particular case. | 5 | | The final order in all cases shall
state the support level | 6 | | in dollar amounts.
However, if the
court finds that the | 7 | | child support amount cannot be expressed exclusively as a
| 8 | | dollar amount because all or a portion of the payor's net | 9 | | income is uncertain
as to source, time of payment, or | 10 | | amount, the court may order a percentage
amount of support | 11 | | in addition to a specific dollar amount and enter
such | 12 | | other orders as may be necessary to determine and enforce, | 13 | | on a timely
basis, the applicable support ordered.
| 14 | | (6) If (i) the non-custodial parent was properly served | 15 | | with a request
for
discovery of financial information | 16 | | relating to the non-custodial parent's
ability to
provide | 17 | | child support, (ii) the non-custodial parent failed to | 18 | | comply with the
request,
despite having been ordered to do | 19 | | so by the court, and (iii) the non-custodial
parent is not | 20 | | present at the hearing to determine support despite having
| 21 | | received
proper notice, then any relevant financial | 22 | | information concerning the
non-custodial parent's ability | 23 | | to provide child support that was obtained
pursuant to
| 24 | | subpoena and proper notice shall be admitted into evidence | 25 | | without the need to
establish any further foundation for | 26 | | its admission.
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| 1 | | (a-5) In an action to enforce an order for support based on | 2 | | the
respondent's failure
to make support payments as required | 3 | | by the order, notice of proceedings to
hold the respondent in | 4 | | contempt for that failure may be served on the
respondent by | 5 | | personal service or by regular mail addressed to the | 6 | | respondent's
last known address. The respondent's last known | 7 | | address may be determined from
records of the clerk of the | 8 | | court, from the Federal Case Registry of Child
Support Orders, | 9 | | or by any other reasonable means.
| 10 | | (b) Failure of either parent to comply with an order to pay | 11 | | support shall
be punishable as in other cases of contempt. In | 12 | | addition to other
penalties provided by law the Court may, | 13 | | after finding the parent guilty
of contempt, order that the | 14 | | parent be:
| 15 | | (1) placed on probation with such conditions of | 16 | | probation as the Court
deems advisable;
| 17 | | (2) sentenced to periodic imprisonment for a period not | 18 | | to exceed 6
months; provided, however, that the Court may | 19 | | permit the parent to be
released for periods of time during | 20 | | the day or night to:
| 21 | | (A) work; or
| 22 | | (B) conduct a business or other self-employed | 23 | | occupation.
| 24 | | The Court may further order any part or all of the earnings | 25 | | of a parent
during a sentence of periodic imprisonment paid to | 26 | | the Clerk of the Circuit
Court or to the parent having custody |
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| 1 | | or to the guardian having custody
of the children of the | 2 | | sentenced parent for the support of said
children until further | 3 | | order of the Court.
| 4 | | If either parent fails to pay support due to unemployment, | 5 | | then the court may not fine or sentence the parent to periodic | 6 | | imprisonment. | 7 | | If a parent who is found guilty of contempt for failure to | 8 | | comply with an order to pay support is a person who conducts a | 9 | | business or who is self-employed, the court in addition to | 10 | | other penalties provided by law may order that the parent do | 11 | | one or more of the following: (i) provide to the court monthly | 12 | | financial statements showing income and expenses from the | 13 | | business or the self-employment; (ii) seek employment and | 14 | | report periodically to the court with a diary, listing, or | 15 | | other memorandum of his or her employment search efforts; or | 16 | | (iii) report to the Department of Employment Security for job | 17 | | search services to find employment that will be subject to | 18 | | withholding for child support. | 19 | | If there is a unity of interest and ownership sufficient to | 20 | | render no
financial separation between a non-custodial parent | 21 | | and another person or
persons or business entity, the court may | 22 | | pierce the ownership veil of the
person, persons, or business | 23 | | entity to discover assets of the non-custodial
parent held in | 24 | | the name of that person, those persons, or that business | 25 | | entity.
The following circumstances are sufficient to | 26 | | authorize a court to order
discovery of the assets of a person, |
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| 1 | | persons, or business entity and to compel
the application of | 2 | | any discovered assets toward payment on the judgment for
| 3 | | support:
| 4 | | (1) the non-custodial parent and the person, persons, | 5 | | or business entity
maintain records together.
| 6 | | (2) the non-custodial parent and the person, persons, | 7 | | or business entity
fail to maintain an arm's length | 8 | | relationship between themselves with regard to
any assets.
| 9 | | (3) the non-custodial parent transfers assets to the | 10 | | person, persons,
or business entity with the intent to | 11 | | perpetrate a fraud on the custodial
parent.
| 12 | | With respect to assets which
are real property, no order | 13 | | entered under this paragraph shall affect the
rights of bona | 14 | | fide purchasers, mortgagees, judgment creditors, or other lien
| 15 | | holders who acquire their interests in the property prior to | 16 | | the time a notice
of lis pendens pursuant to the Code of Civil | 17 | | Procedure or a copy of the order
is placed of record in the | 18 | | office of the recorder of deeds for the county in
which the | 19 | | real property is located.
| 20 | | The court may also order in cases where the parent is 90 | 21 | | days or more
delinquent in payment of support or has been | 22 | | adjudicated in arrears in an
amount equal to 90 days obligation | 23 | | or more, that the parent's Illinois driving
privileges be | 24 | | suspended until the court
determines that the parent is in | 25 | | compliance with the order of support.
The court may also order | 26 | | that the parent be issued a family financial
responsibility |
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| 1 | | driving permit that would allow limited driving privileges for
| 2 | | employment and medical purposes in accordance with Section | 3 | | 7-702.1 of the
Illinois Vehicle Code. The clerk of the circuit | 4 | | court shall certify the order
suspending the driving privileges | 5 | | of the parent or granting the issuance of a
family financial | 6 | | responsibility driving permit to the Secretary of State on
| 7 | | forms prescribed by the Secretary. Upon receipt of the | 8 | | authenticated
documents, the Secretary of State shall suspend | 9 | | the parent's driving privileges
until further order of the | 10 | | court and shall, if ordered by the court, subject to
the | 11 | | provisions of Section 7-702.1 of the Illinois Vehicle Code, | 12 | | issue a family
financial responsibility driving permit to the | 13 | | parent.
| 14 | | In addition to the penalties or punishment that may be | 15 | | imposed under this
Section, any person whose conduct | 16 | | constitutes a violation of Section 15 of the
Non-Support | 17 | | Punishment Act may be prosecuted under that Act, and a person
| 18 | | convicted under that Act may be sentenced in accordance with | 19 | | that Act. The
sentence may include but need not be limited to a | 20 | | requirement that the person
perform community service under | 21 | | Section 50 of that Act or participate in a work
alternative | 22 | | program under Section 50 of that Act. A person may not be | 23 | | required
to participate in a work alternative program under | 24 | | Section 50 of that Act if
the person is currently participating | 25 | | in a work program pursuant to Section
505.1 of this Act.
| 26 | | A support obligation, or any portion of a support |
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| 1 | | obligation, which becomes
due and remains unpaid as of the end | 2 | | of each month, excluding the child support that was due for | 3 | | that month to the extent that it was not paid in that month, | 4 | | shall accrue simple interest as set forth in Section 12-109 of | 5 | | the Code of Civil Procedure.
An order for support entered or | 6 | | modified on or after January 1, 2006 shall
contain a statement | 7 | | that a support obligation required under the order, or any
| 8 | | portion of a support obligation required under the order, that | 9 | | becomes due and
remains unpaid as of the end of each month, | 10 | | excluding the child support that was due for that month to the | 11 | | extent that it was not paid in that month, shall accrue simple | 12 | | interest as set forth in Section 12-109 of the Code of Civil | 13 | | Procedure. Failure to include the statement in the order for | 14 | | support does
not affect the validity of the order or the | 15 | | accrual of interest as provided in
this Section.
| 16 | | (c) A one-time charge of 20% is imposable upon the amount | 17 | | of
past-due child support owed on July 1, 1988 which has | 18 | | accrued under a
support order entered by the court. The charge | 19 | | shall be imposed in
accordance with the provisions of Section | 20 | | 10-21 of the Illinois Public Aid
Code and shall be enforced by | 21 | | the court upon petition.
| 22 | | (d) Any new or existing support order entered by the court
| 23 | | under this Section shall be deemed to be a series of judgments | 24 | | against the
person obligated to pay support thereunder, each | 25 | | such judgment to be in the
amount of each payment or | 26 | | installment of support and each such judgment to
be deemed |
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| 1 | | entered as of the date the corresponding payment or installment
| 2 | | becomes due under the terms of the support order. Each such | 3 | | judgment shall
have the full force, effect and attributes of | 4 | | any other judgment of this
State, including the ability to be | 5 | | enforced.
Notwithstanding any other State or local law to the | 6 | | contrary, a lien arises by operation of law against the real | 7 | | and personal property of
the noncustodial parent for each | 8 | | installment of overdue support owed by the
noncustodial parent.
| 9 | | (e) When child support is to be paid through the clerk of | 10 | | the court in a
county of 1,000,000 inhabitants or less, the | 11 | | order shall direct the obligor
to pay to the clerk, in addition | 12 | | to the child support payments, all fees
imposed by the county | 13 | | board under paragraph (3) of subsection (u) of
Section 27.1 of | 14 | | the Clerks of Courts Act. Unless paid in cash or pursuant to
an | 15 | | order for withholding, the payment of the fee shall be by a | 16 | | separate
instrument from the support payment and shall be made | 17 | | to the order of the
Clerk.
| 18 | | (f) All orders for support, when entered or
modified, shall | 19 | | include a provision requiring the obligor to notify
the court | 20 | | and, in cases in which a party is receiving child and spouse
| 21 | | services under Article X of the Illinois Public Aid Code, the
| 22 | | Department of Healthcare and Family Services, within 7 days, | 23 | | (i) of the name and address
of any new employer of the obligor, | 24 | | (ii) whether the obligor has access to
health insurance | 25 | | coverage through the employer or other group coverage and,
if | 26 | | so, the policy name and number and the names of persons covered |
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| 1 | | under
the policy, and (iii) of any new residential or mailing | 2 | | address 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 | | (g) 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 | | (g-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 | | this Act.
| 26 | | (h) 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 child, or both, would be
seriously endangered by | 18 | | disclosure of the party's address.
| 19 | | (i) The court does not lose the powers of contempt, | 20 | | driver's license
suspension, or other child support | 21 | | enforcement mechanisms, including, but
not limited to, | 22 | | criminal prosecution as set forth in this Act, upon the
| 23 | | emancipation of the minor child or children.
| 24 | | (Source: P.A. 96-1134, eff. 7-21-10; 97-186, eff. 7-22-11; | 25 | | 97-608, eff. 1-1-12; 97-813, eff. 7-13-12; 97-878, eff. 8-2-12; | 26 | | 97-941, eff. 1-1-13; 97-1029, eff. 1-1-13; revised 8-23-12.)
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| 1 | | Section 25. The Illinois Parentage Act of 1984 is amended | 2 | | by changing Section 15 as follows:
| 3 | | (750 ILCS 45/15) (from Ch. 40, par. 2515)
| 4 | | Sec. 15. Enforcement of Judgment or Order.
| 5 | | (a) If existence of the
parent and child relationship is | 6 | | declared, or paternity or duty of support
has been established | 7 | | under this Act or under prior law or under the law
of any other | 8 | | jurisdiction, the judgment rendered thereunder may be enforced
| 9 | | in the same or other proceedings by any party or any person or | 10 | | agency that
has furnished or may furnish financial assistance | 11 | | or services to the child.
The Income Withholding for Support | 12 | | Act and Sections 14 and 16 of this Act shall
also be applicable | 13 | | with respect
to entry, modification and enforcement of any | 14 | | support judgment entered
under provisions of the "Paternity | 15 | | Act", approved July 5, 1957, as amended,
repealed July 1, 1985.
| 16 | | (b) Failure to comply with any order of the court shall be | 17 | | punishable
as contempt as in other cases of failure to comply | 18 | | under the "Illinois
Marriage and Dissolution of Marriage Act", | 19 | | as now or hereafter amended. In
addition to other penalties | 20 | | provided by law, the court may, after finding
the party guilty | 21 | | of contempt, order that the party be:
| 22 | | (1) Placed on probation with such conditions of | 23 | | probation as the
court deems advisable;
| 24 | | (2) Sentenced to periodic imprisonment for a period not |
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| 1 | | to exceed 6
months. However, the court may permit the party | 2 | | to be released for periods
of time during the day or night | 3 | | to work or conduct business or other
self-employed | 4 | | occupation. The court may further order any part of all the
| 5 | | earnings of a party during a sentence of periodic | 6 | | imprisonment to be paid to
the Clerk of the Circuit Court | 7 | | or to the person or parent having custody of
the minor | 8 | | child for the support of said child until further order of | 9 | | the court.
| 10 | | If either parent fails to pay support due to unemployment, | 11 | | then the court may not fine or sentence the parent to periodic | 12 | | imprisonment.
| 13 | | (2.5) The court may also pierce the ownership veil of a | 14 | | person, persons,
or
business entity to discover assets of a | 15 | | non-custodial parent held in the name
of that person, those | 16 | | persons, or that business entity if there is a unity of
| 17 | | interest and ownership sufficient to render no financial | 18 | | separation between the
non-custodial parent and that | 19 | | person, those persons, or the business entity.
The | 20 | | following circumstances are sufficient for a court to order | 21 | | discovery of
the assets of a person, persons, or business | 22 | | entity and to compel the
application of any discovered | 23 | | assets toward payment on the judgment for
support:
| 24 | | (A) the non-custodial parent and the person, | 25 | | persons, or business entity
maintain records together.
| 26 | | (B) the non-custodial parent and the person, |
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| 1 | | persons, or business entity
fail to maintain an arms | 2 | | length relationship between themselves with regard to
| 3 | | any assets.
| 4 | | (C) the non-custodial parent transfers assets to | 5 | | the person, persons,
or business entity with the intent | 6 | | to perpetrate a fraud on the custodial
parent.
| 7 | | With respect to assets which are real property, no | 8 | | order entered under
this subdivision (2.5) shall affect the | 9 | | rights of bona fide purchasers,
mortgagees, judgment | 10 | | creditors, or other lien holders who acquire their
| 11 | | interests in the property prior to the time a notice of lis | 12 | | pendens pursuant to
the Code of Civil Procedure or a copy | 13 | | of the order is placed of record in the
office of the | 14 | | recorder of deeds for the county in which the real property | 15 | | is
located.
| 16 | | (3) The court may also order that in cases where the | 17 | | party is 90 days or
more delinquent in payment of support | 18 | | or has been adjudicated in arrears in an
amount equal to 90 | 19 | | days obligation or more, that the party's
Illinois driving | 20 | | privileges be suspended until the court
determines that the | 21 | | party is in compliance with the judgement or duty of
| 22 | | support. The court may also order that the parent be issued | 23 | | a family
financial responsibility driving permit that | 24 | | would allow limited
driving privileges for employment and | 25 | | medical purposes in
accordance with Section 7-702.1 of the | 26 | | Illinois Vehicle Code.
The clerk of the circuit court shall |
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| 1 | | certify the order suspending
the driving privileges of the | 2 | | parent or granting the issuance of a
family financial | 3 | | responsibility driving permit to the Secretary of
State on | 4 | | forms prescribed by the Secretary. Upon receipt of the
| 5 | | authenticated documents, the
Secretary of State shall | 6 | | suspend the party's driving privileges until further
order | 7 | | of the court and shall, if ordered
by the court, subject to | 8 | | the provisions of Section 7-702.1 of the Illinois
Vehicle | 9 | | Code, issue a family financial responsibility
driving | 10 | | permit to the parent.
| 11 | | In addition to the penalties or punishment that may be | 12 | | imposed under this
Section, any person whose conduct | 13 | | constitutes a violation of Section 15 of the
Non-Support | 14 | | Punishment Act may be prosecuted
under that Act,
and
a person | 15 | | convicted under that Act may be sentenced in
accordance with | 16 | | that
Act. The sentence may include but need not be limited to a
| 17 | | requirement
that the person
perform community service under | 18 | | Section 50 of that
Act or
participate in a work alternative | 19 | | program under Section 50
of that Act.
A person may not be | 20 | | required to
participate in a work alternative program
under | 21 | | Section 50 of that Act if the
person is currently participating
| 22 | | in a work program pursuant to Section 15.1 of this Act.
| 23 | | (b-5) If a party who is found guilty of contempt for a | 24 | | failure to comply with an order to pay support is a person who | 25 | | conducts a business or who is self-employed, the court may in | 26 | | addition to other penalties provided by law order that the |
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| 1 | | party do one or more of the following: (i) provide to the court | 2 | | monthly financial statements showing income and expenses from | 3 | | the business or the self-employment; (ii) seek employment and | 4 | | report periodically to the court with a diary, listing, or | 5 | | other memorandum of his or her employment search efforts; or | 6 | | (iii) report to the Department of Employment Security for job | 7 | | search services to find employment that will be subject to | 8 | | withholding of child support. | 9 | | (c) In any post-judgment proceeding to enforce or modify | 10 | | the judgment
the parties shall continue to be designated as in | 11 | | the original proceeding.
| 12 | | (Source: P.A. 97-1029, eff. 1-1-13.)
| 13 | | Section 95. No acceleration or delay. Where this Act makes | 14 | | changes in a statute that is represented in this Act by text | 15 | | that is not yet or no longer in effect (for example, a Section | 16 | | represented by multiple versions), the use of that text does | 17 | | not accelerate or delay the taking effect of (i) the changes | 18 | | made by this Act or (ii) provisions derived from any other | 19 | | Public Act.
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
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