Full Text of SB0178 103rd General Assembly
SB0178sam001 103RD GENERAL ASSEMBLY | Sen. Laura M. Murphy Filed: 3/1/2023
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| 1 | | AMENDMENT TO SENATE BILL 178
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 178 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Marriage and Dissolution of | 5 | | Marriage Act is amended by changing Section 505 as follows:
| 6 | | (750 ILCS 5/505) (from Ch. 40, par. 505)
| 7 | | Sec. 505. Child support; contempt; penalties.
| 8 | | (a) In a proceeding for dissolution of marriage, legal | 9 | | separation,
declaration of invalidity of marriage, or | 10 | | dissolution of a civil union, a proceeding for child support
| 11 | | following a legal separation or dissolution of the marriage or | 12 | | civil union by a court that lacked personal
jurisdiction over | 13 | | the absent spouse, a proceeding for modification of a
previous | 14 | | order for child support under Section 510 of this Act, or any
| 15 | | proceeding authorized under Section 501 or 601 of this Act, | 16 | | the court may
order either or both parents owing a duty of |
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| 1 | | support to a child of the
marriage or civil union to pay an | 2 | | amount reasonable and necessary for support. The duty of | 3 | | support owed to a child
includes the obligation to provide for | 4 | | the reasonable and necessary physical, mental and emotional | 5 | | health needs of the child.
For purposes of this Section, the | 6 | | term "child" shall include any child under
age 18 and
any child | 7 | | age 19 or younger who is still attending high school. For | 8 | | purposes of this Section, the term "obligor" means the parent | 9 | | obligated to pay support to the other parent.
| 10 | | (1) Child support guidelines. The Illinois Department | 11 | | of Healthcare and Family Services shall adopt rules | 12 | | establishing child support guidelines which include | 13 | | worksheets to aid in the calculation of the child support | 14 | | obligations and a schedule of basic child support | 15 | | obligations that reflects the percentage of combined net | 16 | | income that parents living in the same household in this | 17 | | State ordinarily spend on their child. The child support | 18 | | guidelines have the following purposes: | 19 | | (A) to establish as State policy an adequate | 20 | | standard of support for a child, subject to the | 21 | | ability of parents to pay; | 22 | | (B) to make child support obligations more | 23 | | equitable by ensuring more consistent treatment of | 24 | | parents in similar circumstances; | 25 | | (C) to improve the efficiency of the court process | 26 | | by promoting settlements and giving courts and the |
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| 1 | | parties guidance in establishing levels of child | 2 | | support; | 3 | | (D) to calculate child support based upon the | 4 | | parents' combined net income estimated to have been | 5 | | allocated for the support of the child if the parents | 6 | | and child were living in an intact household; | 7 | | (E) to adjust child support based upon the needs | 8 | | of the child;
and | 9 | | (F) to allocate the amount of child support to be | 10 | | paid by each parent based upon a parent's net income | 11 | | and the child's physical care arrangements. | 12 | | (1.5) Computation of basic child support obligation. | 13 | | The court shall compute the basic child support obligation | 14 | | by taking the following steps: | 15 | | (A) determine each parent's monthly net income; | 16 | | (B) add the parents' monthly net incomes together | 17 | | to determine the combined monthly net income of the | 18 | | parents; | 19 | | (C) select the corresponding appropriate amount | 20 | | from the schedule of basic child support obligations | 21 | | based on the parties' combined monthly net income and | 22 | | number of children of the parties; and | 23 | | (D) calculate each parent's percentage share of | 24 | | the basic child support obligation. | 25 | | Although a monetary obligation is computed for each | 26 | | parent as child support, the receiving parent's share is |
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| 1 | | not payable to the other parent and is presumed to be spent | 2 | | directly on the child. | 3 | | (2) Duty of support. The court shall determine child | 4 | | support in each case by applying the child support | 5 | | guidelines unless the court makes a finding that | 6 | | application of the guidelines would be inappropriate, | 7 | | after considering the best interests of the child and | 8 | | evidence which shows relevant factors including, but not | 9 | | limited to, one or more of the following: | 10 | | (A) the financial resources and needs of the | 11 | | child; | 12 | | (B) the financial resources and needs of the | 13 | | parents; | 14 | | (C) the standard of living the child would have | 15 | | enjoyed had the marriage or civil union not been | 16 | | dissolved; and | 17 | | (D) the physical and emotional condition of the | 18 | | child and his or her educational needs. | 19 | | (2.5) Notice from the court. Whenever the court enters
| 20 | | an order for child support, the court shall verbally
| 21 | | provide notice to the obligor of (i) the obligor's
| 22 | | existing and ongoing obligations to make payment to the
| 23 | | obligee, (ii) the obligor's ability to request a
| 24 | | modification of the order, and (iii) the possible
| 25 | | penalties that may be incurred if the obligor falls into
| 26 | | arrears. Nothing in this paragraph shall require the |
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| 1 | | obligor to begin child support payments at the time the | 2 | | obligor receives the verbal notice. An obligor shall only | 3 | | be considered in arrears after the first child support | 4 | | payment is due, whether by wage garnishment or other | 5 | | agreed upon method in the order. | 6 | | (3) Income. | 7 | | (A) As used in this Section, "gross income" means | 8 | | the total of all income from all sources, except | 9 | | "gross income" does not include (i) benefits received | 10 | | by the parent from means-tested public assistance | 11 | | programs, including, but not limited to, Temporary | 12 | | Assistance for Needy Families, Supplemental Security | 13 | | Income, and the Supplemental Nutrition Assistance | 14 | | Program or (ii) benefits and income received by the | 15 | | parent for other children in the household, including, | 16 | | but not limited to, child support, survivor benefits, | 17 | | and foster care payments. Social security disability | 18 | | and retirement benefits paid for the benefit of the | 19 | | subject child must be included in the disabled or | 20 | | retired parent's gross income for purposes of | 21 | | calculating the parent's child support obligation, but | 22 | | the parent is entitled to a child support credit for | 23 | | the amount of benefits paid to the other party for the | 24 | | child. "Gross income" includes maintenance treated as | 25 | | taxable income for federal income tax purposes to the | 26 | | payee and received pursuant to a court order in the |
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| 1 | | pending proceedings or any other proceedings and shall | 2 | | be included in the payee's gross income for purposes | 3 | | of calculating the parent's child support obligation. | 4 | | (B) As used in this Section, "net income" means | 5 | | gross income minus either the standardized tax amount | 6 | | calculated pursuant to subparagraph (C) of this | 7 | | paragraph (3) or the individualized tax amount | 8 | | calculated pursuant to subparagraph (D) of this | 9 | | paragraph (3), and minus any adjustments pursuant to | 10 | | subparagraph (F) of this paragraph (3). The | 11 | | standardized tax amount shall be used unless the | 12 | | requirements for an individualized tax amount set | 13 | | forth in subparagraph (E) of this paragraph (3) are | 14 | | met. "Net income" includes maintenance not includable | 15 | | in the gross taxable income of the payee for federal | 16 | | income tax purposes under a court order in the pending | 17 | | proceedings or any other proceedings and shall be | 18 | | included in the payee's net income for purposes of | 19 | | calculating the parent's child support obligation. | 20 | | (C) As used in this Section, "standardized tax | 21 | | amount" means the total of federal and state income | 22 | | taxes for a single person claiming the standard tax | 23 | | deduction, one personal exemption, and the applicable | 24 | | number of dependency exemptions for the minor child or | 25 | | children of the parties, and Social Security and | 26 | | Medicare tax calculated at the Federal Insurance |
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| 1 | | Contributions Act rate. | 2 | | (I) Unless a court has determined otherwise or | 3 | | the parties otherwise agree, the party with the | 4 | | majority of parenting time shall be deemed | 5 | | entitled to claim the dependency exemption for the | 6 | | parties' minor child. | 7 | | (II) The Illinois Department of Healthcare and | 8 | | Family Services shall promulgate a standardized | 9 | | net income conversion table that computes net | 10 | | income by deducting the standardized tax amount | 11 | | from gross income. | 12 | | (D) As used in this Section, "individualized tax | 13 | | amount" means the aggregate of the following taxes: | 14 | | (I) federal income tax (properly calculated | 15 | | withholding or estimated payments); | 16 | | (II) State income tax (properly calculated | 17 | | withholding or estimated payments); and | 18 | | (III) Social Security or self-employment tax, | 19 | | if applicable (or, if none, mandatory retirement | 20 | | contributions required by law or as a condition of | 21 | | employment) and Medicare tax calculated at the | 22 | | Federal Insurance Contributions Act rate. | 23 | | (E) In lieu of a standardized tax amount, a | 24 | | determination of an individualized tax amount may be | 25 | | made under items (I), (II), or (III) below. If an | 26 | | individualized tax amount determination is made under |
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| 1 | | this subparagraph (E), all relevant tax attributes | 2 | | (including filing status, allocation of dependency | 3 | | exemptions, and whether a party is to claim the use of | 4 | | the standard deduction or itemized deductions for | 5 | | federal income tax purposes) shall be as the parties | 6 | | agree or as the court determines. To determine a | 7 | | party's reported income, the court may order the party | 8 | | to complete an Internal Revenue Service Form 4506-T, | 9 | | Request for Tax Transcript. | 10 | | (I) Agreement. Irrespective of whether the | 11 | | parties agree on any other issue before the court, | 12 | | if they jointly stipulate for the record their | 13 | | concurrence on a computation method for the | 14 | | individualized tax amount that is different from | 15 | | the method set forth under subparagraph (D), the | 16 | | stipulated method shall be used by the court | 17 | | unless the court rejects the proposed stipulated | 18 | | method for good cause. | 19 | | (II) Summary hearing. If the court determines | 20 | | child support in a summary hearing under Section | 21 | | 501 and an eligible party opts in to the | 22 | | individualized tax amount method under this item | 23 | | (II), the individualized tax amount shall be | 24 | | determined by the court on the basis of | 25 | | information contained in one or both parties' | 26 | | Supreme Court approved Financial Affidavit (Family & |
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| 1 | | Divorce Cases) and relevant supporting documents | 2 | | under applicable court rules. No party, however, | 3 | | is eligible to opt in unless the party, under | 4 | | applicable court rules, has served the other party | 5 | | with the required Supreme Court approved Financial | 6 | | Affidavit (Family & Divorce Cases) and has | 7 | | substantially produced supporting documents | 8 | | required by the applicable court rules. | 9 | | (III) Evidentiary hearing. If the court | 10 | | determines child support in an evidentiary | 11 | | hearing, whether for purposes of a temporary order | 12 | | or at the conclusion of a proceeding, item (II) of | 13 | | this subparagraph (E) does not apply. In each such | 14 | | case (unless item (I) governs), the individualized | 15 | | tax amount shall be as determined by the court on | 16 | | the basis of the record established. | 17 | | (F) Adjustments to income. | 18 | | (I) Multi-family adjustment. If a parent is | 19 | | also legally responsible for support of a child | 20 | | not shared with the other parent and not subject | 21 | | to the present proceeding, there shall be an | 22 | | adjustment to net income as follows: | 23 | | (i) Multi-family adjustment with court | 24 | | order. The court shall deduct from the | 25 | | parent's net income the amount of child | 26 | | support actually paid by the parent pursuant |
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| 1 | | to a support order unless the court makes a | 2 | | finding that it would cause economic hardship | 3 | | to the child. | 4 | | (ii) Multi-family adjustment without court | 5 | | order. Upon the request or application of a | 6 | | parent actually supporting a presumed, | 7 | | acknowledged, or adjudicated child living in | 8 | | or outside of that parent's household, there | 9 | | shall be an adjustment to child support. The | 10 | | court shall deduct from the parent's net | 11 | | income the amount of financial support | 12 | | actually paid by the parent for the child or | 13 | | 75% of the support the parent should pay under | 14 | | the child support guidelines (before this | 15 | | adjustment), whichever is less, unless the | 16 | | court makes a finding that it would cause | 17 | | economic hardship to the child. The adjustment | 18 | | shall be calculated using that parent's income | 19 | | alone. | 20 | | (II) Spousal Maintenance adjustment. | 21 | | Obligations pursuant to a court order for spousal | 22 | | maintenance in the pending proceeding actually | 23 | | paid or payable to the same party to whom child | 24 | | support is to be payable or actually paid to a | 25 | | former spouse pursuant to a court order shall be | 26 | | deducted from the parent's after-tax income, |
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| 1 | | unless the maintenance obligation is tax | 2 | | deductible to the payor for federal income tax | 3 | | purposes, in which case it shall be deducted from | 4 | | the payor's gross income for purposes of | 5 | | calculating the parent's child support obligation. | 6 | | (3.1) Business income.
For purposes of calculating | 7 | | child support, net business income from the operation of a | 8 | | business means gross receipts minus ordinary and necessary | 9 | | expenses required to carry on the trade or business. As | 10 | | used in this paragraph, "business" includes, but is not | 11 | | limited to, sole proprietorships, closely held | 12 | | corporations, partnerships, other flow-through business | 13 | | entities, and self-employment. The court shall apply the | 14 | | following: | 15 | | (A) The accelerated component of depreciation and | 16 | | any business expenses determined either judicially or | 17 | | administratively to be inappropriate or excessive | 18 | | shall be excluded from the total of ordinary and | 19 | | necessary business expenses to be deducted in the | 20 | | determination of net business income from gross | 21 | | business income. | 22 | | (B) Any item of reimbursement or in-kind payment | 23 | | received by a parent from a business, including, but | 24 | | not limited to, a company car, reimbursed meals, free | 25 | | housing, or a housing allowance, shall be counted as | 26 | | income if not otherwise included in the recipient's |
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| 1 | | gross income, if the item is significant in amount and | 2 | | reduces personal expenses. | 3 | | (3.2) Unemployment or underemployment.
If a parent is | 4 | | voluntarily unemployed or underemployed, child support | 5 | | shall be calculated based on a determination of potential | 6 | | income. A determination of potential income shall be made | 7 | | by determining employment potential and probable earnings | 8 | | level based on the obligor's work history, occupational | 9 | | qualifications, prevailing job opportunities, the | 10 | | ownership by a parent of a substantial non-income | 11 | | producing asset, and earnings levels in the community. If | 12 | | there is insufficient work history to determine employment | 13 | | potential and probable earnings level, there shall be a | 14 | | rebuttable presumption that the parent's potential income | 15 | | is 75% of the most recent United States Department of | 16 | | Health and Human Services Federal Poverty Guidelines for a | 17 | | family of one person. | 18 | | (3.3) Rebuttable presumption in favor of guidelines.
| 19 | | There is a rebuttable presumption in any judicial or | 20 | | administrative proceeding for child support that the | 21 | | amount of the child support obligation that would result | 22 | | from the application of the child support guidelines is | 23 | | the correct amount of child support. | 24 | | (3.3a) Minimum child support obligation. There is a | 25 | | rebuttable presumption that a minimum child support | 26 | | obligation of $40 per month, per child, will be entered |
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| 1 | | for an obligor who has actual or imputed gross income at or | 2 | | less than 75% of the most recent United States Department | 3 | | of Health and Human Services Federal Poverty Guidelines | 4 | | for a family of one person, with a maximum total child | 5 | | support obligation for that obligor of $120 per month to | 6 | | be divided equally among all of the obligor's children. | 7 | | (3.3b) Zero dollar child support order. For parents | 8 | | with no gross income, who receive only means-tested | 9 | | assistance, or who cannot work due to a medically proven | 10 | | disability, incarceration, or institutionalization, there | 11 | | is a rebuttable presumption that the $40 per month minimum | 12 | | support order is inapplicable and a zero dollar order | 13 | | shall be entered. | 14 | | (3.4) Deviation factors.
In any action to establish or | 15 | | modify child support, whether pursuant to a temporary or | 16 | | final administrative or court order, the child support | 17 | | guidelines shall be used as a rebuttable presumption for | 18 | | the establishment or modification of the amount of child | 19 | | support. The court may deviate from the child support | 20 | | guidelines if the application would be inequitable, | 21 | | unjust, or inappropriate. Any deviation from the | 22 | | guidelines shall be accompanied by written findings by the | 23 | | court specifying the reasons for the deviation and the | 24 | | presumed amount under the child support guidelines without | 25 | | a deviation. These reasons may include: | 26 | | (A) extraordinary medical expenditures necessary |
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| 1 | | to preserve the life or health of a party or a child of | 2 | | either or both of the parties; | 3 | | (B) additional expenses incurred for a child | 4 | | subject to the child support order who has special | 5 | | medical, physical, or developmental needs; and | 6 | | (C) any other factor the court determines should | 7 | | be applied upon a finding that the application of the | 8 | | child support guidelines would be inappropriate, after | 9 | | considering the best interest of the child. | 10 | | (3.5) Income in excess of the schedule of basic child | 11 | | support obligation. A court may use its discretion to | 12 | | determine child support if the combined adjusted net | 13 | | income of the parties exceeds the highest level of the | 14 | | schedule of basic child support obligation, except that | 15 | | the basic child support obligation shall not be less than | 16 | | the highest level of combined net income set forth in the | 17 | | schedule of basic child support obligation. | 18 | | (3.6) Extracurricular activities and school expenses.
| 19 | | The court, in its discretion, in addition to the basic | 20 | | child support obligation, may order either or both parents | 21 | | owing a duty of support to the child to contribute to the | 22 | | reasonable school and extracurricular activity expenses | 23 | | incurred which are intended to enhance the educational, | 24 | | athletic, social, or cultural development of the child. | 25 | | (3.7) Child care expenses.
The court, in its | 26 | | discretion, in addition to the basic child support |
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| 1 | | obligation, may order either or both parents owing a duty | 2 | | of support to the child to contribute to the reasonable | 3 | | child care expenses of the child. The child care expenses | 4 | | shall be made payable directly to a party or directly to | 5 | | the child care provider at the time of child care | 6 | | services. | 7 | | (A) "Child care expenses" means actual expenses | 8 | | reasonably necessary to enable a parent or non-parent | 9 | | custodian to be employed, to attend educational or | 10 | | vocational training programs to improve employment | 11 | | opportunities, or to search for employment. "Child | 12 | | care expenses" also includes deposits for securing | 13 | | placement in a child care program, the cost of before | 14 | | and after school care, and camps when school is not in | 15 | | session. A child's special needs shall be a | 16 | | consideration in determining reasonable child care | 17 | | expenses. | 18 | | (B) Child care expenses shall be prorated in | 19 | | proportion to each parent's percentage share of | 20 | | combined net income, and may be added to the basic | 21 | | child support obligation if not paid directly by each | 22 | | parent to the provider of child care services. The | 23 | | obligor's and obligee's portion of actual child care | 24 | | expenses shall appear in the support order. If | 25 | | allowed, the value of the federal income tax credit | 26 | | for child care shall be subtracted from the actual |
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| 1 | | cost to determine the net child care costs. | 2 | | (C) The amount of child care expenses shall be | 3 | | adequate to obtain reasonable and necessary child | 4 | | care. The actual child care expenses shall be used to | 5 | | calculate the child care expenses, if available. When | 6 | | actual child care expenses vary, the actual child care | 7 | | expenses may be averaged over the most recent 12-month | 8 | | period. When a parent is temporarily unemployed or | 9 | | temporarily not attending educational or vocational | 10 | | training programs, future child care expenses shall be | 11 | | based upon prospective expenses to be incurred upon | 12 | | return to employment or educational or vocational | 13 | | training programs. | 14 | | (D) An order for child care expenses may be | 15 | | modified upon a showing of a substantial change in | 16 | | circumstances. The party incurring child care expenses | 17 | | shall notify the other party within 14 days of any | 18 | | change in the amount of child care expenses that would | 19 | | affect the annualized child care amount as determined | 20 | | in the support order. | 21 | | (3.8) Shared physical care. If each parent exercises | 22 | | 146 or more overnights per year with the child, the basic | 23 | | child support obligation is multiplied by 1.5 to calculate | 24 | | the shared care child support obligation. The court shall | 25 | | determine each parent's share of the shared care child | 26 | | support obligation based on the parent's percentage share |
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| 1 | | of combined net income. The child support obligation is | 2 | | then computed for each parent by multiplying that parent's | 3 | | portion of the shared care support obligation by the | 4 | | percentage of time the child spends with the other parent. | 5 | | The respective child support obligations are then offset, | 6 | | with the parent owing more child support paying the | 7 | | difference between the child support amounts. The Illinois | 8 | | Department of Healthcare and Family Services shall | 9 | | promulgate a worksheet to calculate child support in cases | 10 | | in which the parents have shared physical care and use the | 11 | | standardized tax amount to determine net income. | 12 | | (3.9) Split physical care. When
there is more than one | 13 | | child and each parent has physical care of at least one but | 14 | | not all of the children, the support is calculated by | 15 | | using 2 child support worksheets to determine the support | 16 | | each parent owes the other. The support shall be | 17 | | calculated as follows: | 18 | | (A) compute the support the first parent would owe | 19 | | to other parent as if the child in his or her care was | 20 | | the only child of the parties; then | 21 | | (B) compute the support the other parent would owe | 22 | | to the first parent as if the child in his or her care | 23 | | were the only child of the parties; then | 24 | | (C) subtract the lesser support obligation from | 25 | | the greater. | 26 | | The parent who owes the greater obligation shall be |
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| 1 | | ordered to pay the difference in support to the other | 2 | | parent, unless the court determines, pursuant to other | 3 | | provisions of this Section, that it should deviate from | 4 | | the guidelines. | 5 | | (4) Health care to be addressed by the court. | 6 | | (A) A portion of the basic child support | 7 | | obligation is intended to cover basic ordinary | 8 | | out-of-pocket medical expenses. The court, in its | 9 | | discretion, in addition to the basic child support | 10 | | obligation, shall also provide for the child's current | 11 | | and future medical needs by ordering either or both | 12 | | parents to initiate health insurance coverage for the | 13 | | child through currently effective health insurance | 14 | | policies held by the parent or parents, purchase one | 15 | | or more or all health, dental, or vision insurance | 16 | | policies for the child, or provide for the child's | 17 | | current and future medical needs through some other | 18 | | manner. | 19 | | (B) The court, in its discretion, may order either | 20 | | or both parents to contribute to the reasonable health | 21 | | care needs of the child not covered by insurance, | 22 | | including, but not limited to, unreimbursed medical, | 23 | | dental, orthodontic, or vision expenses and any | 24 | | prescription medication for the child not covered | 25 | | under the child's health insurance. | 26 | | (C) If neither parent has access to appropriate |
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| 1 | | private health insurance coverage, the court may | 2 | | order: | 3 | | (I) one or both parents to provide health | 4 | | insurance coverage at any time it becomes | 5 | | available at a reasonable cost; or | 6 | | (II) the parent or non-parent custodian with | 7 | | primary physical responsibility for the child to | 8 | | apply for public health insurance coverage for the | 9 | | child and require either or both parents to pay a | 10 | | reasonable amount of the cost of health insurance | 11 | | for the child. | 12 | | The order may also provide that any time private | 13 | | health insurance coverage is available at a reasonable | 14 | | cost to that party it will be provided instead of cash | 15 | | medical support. As used in this Section, "cash | 16 | | medical support" means an amount ordered to be paid | 17 | | toward the cost of health insurance provided by a | 18 | | public entity or by another person through employment | 19 | | or otherwise or for other medical costs not covered by | 20 | | insurance. | 21 | | (D) The amount to be added to the basic child | 22 | | support obligation shall be the actual amount of the | 23 | | total health insurance premium that is attributable to | 24 | | the child who is the subject of the order. If this | 25 | | amount is not available or cannot be verified, the | 26 | | total cost of the health insurance premium shall be |
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| 1 | | divided by the total number of persons covered by the | 2 | | policy. The cost per person derived from this | 3 | | calculation shall be multiplied by the number of | 4 | | children who are the subject of the order and who are | 5 | | covered under the health insurance policy. This amount | 6 | | shall be added to the basic child support obligation | 7 | | and shall be allocated between the parents in | 8 | | proportion to their respective net incomes. | 9 | | (E) After the health insurance premium for the | 10 | | child is added to the basic child support obligation | 11 | | and allocated between the parents in proportion to | 12 | | their respective incomes for child support purposes, | 13 | | if the obligor is paying the premium, the amount | 14 | | calculated for the obligee's share of the health | 15 | | insurance premium for the child shall be deducted from | 16 | | the obligor's share of the total child support | 17 | | obligation. If the obligee is paying for private | 18 | | health insurance for the child, the child support | 19 | | obligation shall be increased by the obligor's share | 20 | | of the premium payment. The obligor's and obligee's | 21 | | portion of health insurance costs shall appear in the | 22 | | support order. | 23 | | (F) Prior to allowing the health insurance | 24 | | adjustment, the parent requesting the adjustment must | 25 | | submit proof that the child has been enrolled in a | 26 | | health insurance plan and must submit proof of the |
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| 1 | | cost of the premium. The court shall require the | 2 | | parent receiving the adjustment to annually submit | 3 | | proof of continued coverage of the child to the other | 4 | | parent, or as designated by the court. | 5 | | (G) A reasonable cost for providing health | 6 | | insurance coverage for the child may not exceed 5% of | 7 | | the providing parent's gross income. Parents with a | 8 | | net income below 133% of the most recent United States | 9 | | Department of Health and Human Services Federal | 10 | | Poverty Guidelines or whose child is covered by | 11 | | Medicaid based on that parent's income may not be | 12 | | ordered to contribute toward or provide private | 13 | | coverage, unless private coverage is obtainable | 14 | | without any financial contribution by that parent. | 15 | | (H) If dental or vision insurance is included as | 16 | | part of the employer's medical plan, the coverage | 17 | | shall be maintained for the child. If not included in | 18 | | the employer's medical plan, adding the dental or | 19 | | vision insurance for the child is at the discretion of | 20 | | the court. | 21 | | (I) If a parent has been directed to provide | 22 | | health insurance pursuant to this paragraph and that | 23 | | parent's spouse or legally recognized partner provides | 24 | | the insurance for the benefit of the child either | 25 | | directly or through employment, a credit on the child | 26 | | support worksheet shall be given to that parent in the |
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| 1 | | same manner as if the premium were paid by that parent.
| 2 | | (4.5) In a proceeding for child support following | 3 | | dissolution of the
marriage or civil union by a court that | 4 | | lacked personal jurisdiction over the absent spouse,
and | 5 | | in which the court is requiring payment of support for the | 6 | | period before
the date an order for current support is | 7 | | entered, there is a rebuttable
presumption
that the | 8 | | obligor's net income for the prior period was the same as | 9 | | his
or her net income at the time the order for current | 10 | | support is entered.
| 11 | | (5) If the net income cannot be determined because of | 12 | | default or any
other reason, the court shall order support | 13 | | in an amount considered
reasonable in the particular case. | 14 | | The final order in all cases shall
state the support level | 15 | | in dollar amounts.
However, if the
court finds that the | 16 | | child support amount cannot be expressed exclusively as a
| 17 | | dollar amount because all or a portion of the obligor's | 18 | | net income is uncertain
as to source, time of payment, or | 19 | | amount, the court may order a percentage
amount of support | 20 | | in addition to a specific dollar amount and enter
such | 21 | | other orders as may be necessary to determine and enforce, | 22 | | on a timely
basis, the applicable support ordered.
| 23 | | (6) If (i) the obligor was properly served with a | 24 | | request
for
discovery of financial information relating to | 25 | | the obligor's
ability to
provide child support, (ii) the | 26 | | obligor failed to comply with the
request,
despite having |
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| 1 | | been ordered to do so by the court, and (iii) the obligor | 2 | | is not present at the hearing to determine support despite | 3 | | having
received
proper notice, then any relevant financial | 4 | | information concerning the obligor's
ability to provide | 5 | | child support that was obtained
pursuant to
subpoena and | 6 | | proper notice shall be admitted into evidence without the | 7 | | need to
establish any further foundation for its | 8 | | admission.
| 9 | | (a-3) Life insurance to secure support. At the discretion | 10 | | of the court, a child support obligation pursuant to this | 11 | | Section and Sections 510, 513, and 513.5 of this Act may be | 12 | | secured, in whole or in part, by reasonably affordable life | 13 | | insurance on the life of one or both parents on such terms as | 14 | | the parties agree or as the court orders. The court may require | 15 | | such insurance remain in full force and effect until the | 16 | | termination of all obligations of support, subject to the | 17 | | following: | 18 | | (1) Existing life insurance. The court shall be | 19 | | apprised through evidence, stipulation, or otherwise as to | 20 | | the level, ownership, and type of existing life insurance | 21 | | death benefit coverage available to one or both parents, | 22 | | the cost of the premiums, cost ratings, and escalations | 23 | | and assignment of the policy, if applicable, and all other | 24 | | relevant circumstances. The court shall make findings | 25 | | relative thereto. | 26 | | (2) New life insurance. The court shall be apprised |
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| 1 | | through evidence, stipulation, or otherwise as to the | 2 | | availability of obtaining reasonably affordable new life | 3 | | insurance. To the extent the court determines that the | 4 | | support obligations should be secured, in whole or in | 5 | | part, by new life insurance on the life of one or both | 6 | | parents, the court may order that one or both parents | 7 | | comply with all requirements to obtain such new life | 8 | | insurance through employment, trade union, fraternal | 9 | | organizations, associations, or individual means. | 10 | | In determining the level and type of death benefits | 11 | | coverage to be obtained by a parent, the court shall | 12 | | consider access and availability of life insurance to that | 13 | | parent, the cost of the premium, cost ratings, and | 14 | | escalations, if applicable, and all other relevant | 15 | | circumstances. | 16 | | (3) Other security. If life insurance is unavailable | 17 | | to a parent, the court, in its discretion, or as agreed to | 18 | | by the parties, may order other equitable and reasonable | 19 | | means to secure a child support obligation. | 20 | | (a-5) In an action to enforce an order for child support | 21 | | based on the obligor's
failure
to make support payments as | 22 | | required by the order, notice of proceedings to
hold the | 23 | | obligor in contempt for that failure may be served on the | 24 | | obligor
by personal service or by regular mail addressed to | 25 | | the last known address of the obligor. The last known address | 26 | | of the obligor may be determined from
records of the clerk of |
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| 1 | | the court, from the Federal Case Registry of Child
Support | 2 | | Orders, or by any other reasonable means.
| 3 | | (b) Failure of either parent to comply with an order to pay | 4 | | support shall
be punishable as in other cases of contempt. In | 5 | | addition to other
penalties provided by law the court may, | 6 | | after finding the parent guilty
of contempt, order that the | 7 | | parent be:
| 8 | | (1) placed on probation with such conditions of | 9 | | probation as the court
deems advisable;
| 10 | | (2) sentenced to periodic imprisonment for a period | 11 | | not to exceed 6
months; provided, however, that the court | 12 | | may permit the parent to be
released for periods of time | 13 | | during the day or night to:
| 14 | | (A) work; or
| 15 | | (B) conduct a business or other self-employed | 16 | | occupation.
| 17 | | The court may further order any part or all of the earnings | 18 | | of a parent
during a sentence of periodic imprisonment paid to | 19 | | the Clerk of the Circuit
Court or to the parent having physical | 20 | | possession of the child or to the non-parent custodian having | 21 | | custody
of the child of the sentenced parent for the support of | 22 | | the child until further order of the court.
| 23 | | If a parent who is found guilty of contempt for failure to | 24 | | comply with an order to pay support is a person who conducts a | 25 | | business or who is self-employed, the court in addition to | 26 | | other penalties provided by law may order that the parent do |
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| 1 | | one or more of the following: (i) provide to the court monthly | 2 | | financial statements showing income and expenses from the | 3 | | 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 for child support. | 9 | | If there is a unity of interest and ownership sufficient | 10 | | to render no
financial separation between an obligor and | 11 | | another person or
persons or business entity, the court may | 12 | | pierce the ownership veil of the
person, persons, or business | 13 | | entity to discover assets of the obligor held in the name of | 14 | | that person, those persons, or that business entity.
The | 15 | | following circumstances are sufficient to authorize a court to | 16 | | order
discovery of the assets of a person, persons, or | 17 | | business entity and to compel
the application of any | 18 | | discovered assets toward payment on the judgment for
support:
| 19 | | (1) the obligor and the person, persons, or business | 20 | | entity
maintain records together.
| 21 | | (2) the obligor and the person, persons, or business | 22 | | entity
fail to maintain an arm's length relationship | 23 | | between themselves with regard to
any assets.
| 24 | | (3) the obligor transfers assets to the person, | 25 | | persons,
or business entity with the intent to perpetrate | 26 | | a fraud on the obligee.
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| 1 | | With respect to assets which
are real property, no order | 2 | | entered under this paragraph shall affect the
rights of bona | 3 | | fide purchasers, mortgagees, judgment creditors, or other lien
| 4 | | holders who acquire their interests in the property prior to | 5 | | the time a notice
of lis pendens pursuant to the Code of Civil | 6 | | Procedure or a copy of the order
is placed of record in the | 7 | | office of the recorder of deeds for the county in
which the | 8 | | real property is located.
| 9 | | The court may also order in cases where the parent is 90 | 10 | | days or more
delinquent in payment of support or has been | 11 | | adjudicated in arrears in an
amount equal to 90 days | 12 | | obligation or more, that the parent's Illinois driving
| 13 | | privileges be suspended until the court
determines that the | 14 | | parent is in compliance with the order of support.
The court | 15 | | may also order that the parent be issued a family financial
| 16 | | responsibility driving permit that would allow limited driving | 17 | | privileges for
employment and medical purposes in accordance | 18 | | with Section 7-702.1 of the
Illinois Vehicle Code. The Clerk | 19 | | of the Circuit Court shall certify the order
suspending the | 20 | | driving privileges of the parent or granting the issuance of a
| 21 | | family financial responsibility driving permit to the | 22 | | Secretary of State on
forms prescribed by the Secretary of | 23 | | State. Upon receipt of the authenticated
documents, the | 24 | | Secretary of State shall suspend the parent's driving | 25 | | privileges
until further order of the court and shall, if | 26 | | ordered by the court, subject to
the provisions of Section |
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| 1 | | 7-702.1 of the Illinois Vehicle Code, issue a family
financial | 2 | | responsibility driving permit to the parent.
| 3 | | In addition to the penalties or punishment that may be | 4 | | imposed under this
Section, any person whose conduct | 5 | | constitutes a violation of Section 15 of the
Non-Support | 6 | | Punishment Act may be prosecuted under that Act, and a person
| 7 | | convicted under that Act may be sentenced in accordance with | 8 | | that Act. The
sentence may include but need not be limited to a | 9 | | requirement that the person
perform community service under | 10 | | Section 50 of that Act or participate in a work
alternative | 11 | | program under Section 50 of that Act. A person may not be | 12 | | required
to participate in a work alternative program under | 13 | | Section 50 of that Act if
the person is currently | 14 | | participating in a work program pursuant to Section
505.1 of | 15 | | this Act.
| 16 | | A support obligation, or any portion of a support | 17 | | obligation, which becomes
due and remains unpaid as of the end | 18 | | of each month, excluding the child support that was due for | 19 | | that month to the extent that it was not paid in that month, | 20 | | shall accrue simple interest as set forth in Section 12-109 of | 21 | | the Code of Civil Procedure.
An order for support entered or | 22 | | modified on or after January 1, 2006 shall
contain a statement | 23 | | that a support obligation required under the order, or any
| 24 | | portion of a support obligation required under the order, that | 25 | | becomes due and
remains unpaid as of the end of each month, | 26 | | excluding the child support that was due for that month to the |
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| 1 | | extent that it was not paid in that month, shall accrue simple | 2 | | interest as set forth in Section 12-109 of the Code of Civil | 3 | | Procedure. Failure to include the statement in the order for | 4 | | support does
not affect the validity of the order or the | 5 | | accrual of interest as provided in
this Section.
| 6 | | (c) A one-time charge of 20% is imposable upon the amount | 7 | | of
past-due child support owed on July 1, 1988 which has | 8 | | accrued under a
support order entered by the court. The charge | 9 | | shall be imposed in
accordance with the provisions of Section | 10 | | 10-21 of the Illinois Public Aid
Code and shall be enforced by | 11 | | the court upon petition.
| 12 | | (d) Any new or existing support order entered by the court
| 13 | | under this Section shall be deemed to be a series of judgments | 14 | | against the
person obligated to pay support thereunder, each | 15 | | such judgment to be in the
amount of each payment or | 16 | | installment of support and each such judgment to
be deemed | 17 | | entered as of the date the corresponding payment or | 18 | | installment
becomes due under the terms of the support order. | 19 | | Each such judgment shall
have the full force, effect and | 20 | | attributes of any other judgment of this
State, including the | 21 | | ability to be enforced.
Notwithstanding any other State or | 22 | | local law to the contrary, a lien arises by operation of law | 23 | | against the real and personal property of
the obligor for each | 24 | | installment of overdue support owed by the obligor.
| 25 | | (e) When child support is to be paid through the Clerk of | 26 | | the Court in a
county of 500,000 inhabitants or less, the order |
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| 1 | | shall direct the obligor to pay to the Clerk, in addition to | 2 | | the child support payments, all fees
imposed by the county | 3 | | board under paragraph (4) of subsection (bb) of
Section 27.1a | 4 | | of the Clerks of Courts Act. When child support is to be paid | 5 | | through the clerk of the court in a
county of more than 500,000 | 6 | | but less than 3,000,000 inhabitants, the order shall direct | 7 | | the obligor
to pay to the clerk, in addition to the child | 8 | | support payments, all fees
imposed by the county board under | 9 | | paragraph (4) of subsection (bb) of
Section 27.2 of the Clerks | 10 | | of Courts Act. Unless paid pursuant to
an Income Withholding | 11 | | Order/Notice for Support, the payment of the fee shall be by | 12 | | payment acceptable to the clerk and shall be made to the order | 13 | | of the
Clerk.
| 14 | | (f) All orders for support, when entered or
modified, | 15 | | shall include a provision requiring the obligor to notify
the | 16 | | court and, in cases in which a party is receiving child and | 17 | | spouse
services under Article X of the Illinois Public Aid | 18 | | Code, the
Department of Healthcare and Family Services, within | 19 | | 7 days, (i) of the name and address
of any new employer of the | 20 | | obligor, (ii) whether the obligor has access to
health | 21 | | insurance coverage through the employer or other group | 22 | | coverage and,
if so, the policy name and number and the names | 23 | | of persons covered under
the policy, except only the initials | 24 | | of any covered minors shall be included, and (iii) of any new | 25 | | residential or mailing address or telephone
number of the | 26 | | obligor. In any subsequent action to enforce a
support order, |
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| 1 | | upon a sufficient showing that a diligent effort has been made
| 2 | | to ascertain the location of the obligor, service of process | 3 | | or
provision of notice necessary in the case may be made at the | 4 | | last known
address of the obligor in any manner expressly | 5 | | provided by the
Code of Civil Procedure or this Act, which | 6 | | service shall be sufficient for
purposes of due process.
| 7 | | (g) An order for support shall include a date on which the | 8 | | current
support obligation terminates. The termination date | 9 | | shall be no earlier than
the date on which the child covered by | 10 | | the order will attain the age of
18. However, if the child will | 11 | | not graduate from high school until after
attaining the age of | 12 | | 18, then the termination date shall be no earlier than the
| 13 | | earlier of the date on which the child's high school | 14 | | graduation will occur or
the date on which the child will | 15 | | attain the age of 19. The order for support
shall state that | 16 | | the termination date does not apply to any arrearage that may
| 17 | | remain unpaid on that date. Nothing in this subsection shall | 18 | | be construed to
prevent the court from modifying the order or | 19 | | terminating the order in the
event the child is otherwise | 20 | | emancipated.
| 21 | | (g-5) If there is an unpaid arrearage or delinquency (as | 22 | | those terms are defined in the Income Withholding for Support | 23 | | Act) equal to at least one month's support obligation on the | 24 | | termination date stated in the order for support or, if there | 25 | | is no termination date stated in the order, on the date the | 26 | | child attains the age of majority or is otherwise emancipated, |
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| 1 | | the periodic amount required to be paid for current support of | 2 | | that child immediately prior to that date shall automatically | 3 | | continue to be an obligation, not as current support but as | 4 | | periodic payment toward satisfaction of the unpaid arrearage | 5 | | or delinquency. That periodic payment shall be in addition to | 6 | | any periodic payment previously required for satisfaction of | 7 | | the arrearage or delinquency. The total periodic amount to be | 8 | | paid toward satisfaction of the arrearage or delinquency may | 9 | | be enforced and collected by any method provided by law for | 10 | | enforcement and collection of child support, including but not | 11 | | limited to income withholding under the Income Withholding for | 12 | | Support Act. Each order for support entered or modified on or | 13 | | after January 1, 2005 (the effective date of Public Act | 14 | | 93-1061) must contain a statement notifying the parties of the | 15 | | requirements of this subsection. Failure to include the | 16 | | statement in the order for support does not affect the | 17 | | validity of the order or the operation of the provisions of | 18 | | this subsection with regard to the order. This subsection | 19 | | shall not be construed to prevent or affect the establishment | 20 | | or modification of an order for support of a minor child or the | 21 | | establishment or modification of an order for support of a | 22 | | non-minor child or educational expenses under Section 513 of | 23 | | this Act.
| 24 | | (h) An order entered under this Section shall include a | 25 | | provision requiring
either parent to report to the other | 26 | | parent and to the Clerk of Court within 10 days each time |
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| 1 | | either parent obtains new employment, and each time either | 2 | | parent's
employment is terminated for any reason. The report | 3 | | shall be in writing and
shall, in the case of new employment, | 4 | | include the name and address of the new
employer. Failure to | 5 | | report new employment or the termination of current
| 6 | | employment, if coupled with nonpayment of support for a period | 7 | | in excess of 60
days, is indirect criminal contempt. For | 8 | | either parent arrested for failure to report new employment | 9 | | bond shall be set in the amount of the child support that | 10 | | should have been paid during the period of unreported | 11 | | employment. An order entered under this Section shall also | 12 | | include a provision requiring either obligor
and obligee to | 13 | | advise the other of a change in residence within 5 days
of the | 14 | | change except when the court finds that the physical, mental, | 15 | | or
emotional health of a party or that of a child, or both, | 16 | | would be
seriously endangered by disclosure of the party's | 17 | | address.
| 18 | | (i) The court does not lose the powers of contempt, | 19 | | driver's license
suspension, or other child support | 20 | | enforcement mechanisms, including, but
not limited to, | 21 | | criminal prosecution as set forth in this Act, upon the
| 22 | | emancipation of the minor child.
| 23 | | (Source: P.A. 102-823, eff. 5-13-22.)".
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