Illinois General Assembly - Full Text of HB1382
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Full Text of HB1382  93rd General Assembly

HB1382enr 93rd General Assembly


HB1382 Enrolled                      LRB093 03871 LCB 03906 b

 1        AN ACT concerning families.

 2        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Parentage Act of 1984 is amended
 5    by changing Sections 14 and 16 and by adding Section 13.5  as
 6    follows:

 7        (750 ILCS 45/13.5 new)
 8        Sec. 13.5. Injunctive relief.
 9        (a)  In any action brought under this Act for the initial
10    determination  of  custody  or  visitation  of a child or for
11    modification of a prior  custody  or  visitation  order,  the
12    court,  upon  application  of  any  party, may enjoin a party
13    having  physical  possession  or  custody  of  a  child  from
14    temporarily or permanently removing the child  from  Illinois
15    pending  the  adjudication  of  the  issues  of  custody  and
16    visitation.  When  deciding  whether  to  enjoin removal of a
17    child,  the  Court  shall  consider  the  following   factors
18    including, but not limited to:
19             (1)  the  extent  of  previous  involvement with the
20        child by the party seeking to enjoin removal;
21             (2)  the   likelihood   that   parentage   will   be
22        established; and
23             (3)  the impact  on  the  financial,  physical,  and
24        emotional   health  of  the  party  being  enjoined  from
25        removing the child.
26        (b)  Injunctive relief under this Act shall  be  governed
27    by the relevant provisions of the Code of Civil Procedure.
28        (c)  Notwithstanding  the  provisions  of subsection (a),
29    the court may decline to enjoin a  domestic  violence  victim
30    having  physical  possession  or  custody  of  a  child  from
31    temporarily  or  permanently removing the child from Illinois
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 1    pending  the  adjudication  of  the  issues  of  custody  and
 2    visitation. In determining whether a  person  is  a  domestic
 3    violence  victim,  the  court  shall  consider  the following
 4    factors:
 5             (1)  a sworn statement by the person that the person
 6        has good reason to believe that he or she is  the  victim
 7        of domestic violence or stalking;
 8             (2)  a sworn statement that the person fears for his
 9        or her safety or the safety of his or her children;
10             (3)  evidence from police, court or other government
11        agency records or files;
12             (4)  documentation  from a domestic violence program
13        if the person is alleged  to  be  a  victim  of  domestic
14        violence;
15             (5)  documentation  from a legal, clerical, medical,
16        or other professional from whom  the  person  has  sought
17        assistance in dealing with the alleged domestic violence;
18        and
19             (6)  any  other  evidence  that  supports  the sworn
20        statements, such as a statement from any other individual
21        with knowledge of the  circumstances  that  provides  the
22        basis  for  the claim, or physical evidence of the act or
23        acts of domestic violence.

24        (750 ILCS 45/14) (from Ch. 40, par. 2514)
25        Sec. 14.  Judgment.
26        (a) (1)  The judgment shall contain or explicitly reserve
27    provisions concerning any duty and amount  of  child  support
28    and   may  contain  provisions  concerning  the  custody  and
29    guardianship of the child,  visitation  privileges  with  the
30    child,  the  furnishing  of  bond  or  other security for the
31    payment of the judgment, which the court shall  determine  in
32    accordance  with  the  relevant  factors  set  forth  in  the
33    Illinois  Marriage  and  Dissolution  of Marriage Act and any
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 1    other applicable law of Illinois, to guide  the  court  in  a
 2    finding  in  the  best interests of the child. In determining
 3    custody, joint custody, removal,  or  visitation,  the  court
 4    shall  apply  the relevant standards of the Illinois Marriage
 5    and Dissolution  of  Marriage  Act,  including  Section  609.
 6    Specifically,  in determining the amount of any child support
 7    award, the court shall use the guidelines and  standards  set
 8    forth  in  subsection (a) of Section 505 and in Section 505.2
 9    of the Illinois Marriage and  Dissolution  of  Marriage  Act.
10    For  purposes  of  Section  505  of the Illinois Marriage and
11    Dissolution  of   Marriage   Act,   "net   income"   of   the
12    non-custodial  parent shall include any benefits available to
13    that person under the Illinois Public Aid Code or from  other
14    federal,  State  or  local  government-funded  programs.  The
15    court shall, in any event and regardless of the amount of the
16    non-custodial parent's net income, in its judgment order  the
17    non-custodial  parent  to  pay child support to the custodial
18    parent in a minimum amount of not less than $10 per month. In
19    an action brought within 2 years after a child's  birth,  the
20    judgment  or  order  may  direct  either  parent  to  pay the
21    reasonable expenses incurred by either parent related to  the
22    mother's  pregnancy  and  the  delivery  of  the  child.  The
23    judgment  or order shall contain the father's social security
24    number,  which  the  father  shall  disclose  to  the  court;
25    however, failure to  include  the  father's  social  security
26    number  on  the  judgment  or  order  does not invalidate the
27    judgment or order.
28        (2)  If a judgment  of  parentage  contains  no  explicit
29    award  of  custody, the establishment of a support obligation
30    or of visitation rights in one parent shall be  considered  a
31    judgment  granting  custody  to  the  other  parent.   If the
32    parentage judgment contains no such provisions, custody shall
33    be presumed to be with the mother; however,  the  presumption
34    shall not apply if the father has had physical custody for at
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 1    least  6  months  prior  to the date that the mother seeks to
 2    enforce custodial rights.
 3        (b)  The court shall order all  child  support  payments,
 4    determined  in  accordance  with such guidelines, to commence
 5    with the date  summons  is  served.   The  level  of  current
 6    periodic  support  payments  shall  not be reduced because of
 7    payments set for the period prior to the date of entry of the
 8    support  order.   The  Court  may  order  any  child  support
 9    payments to be made for a period prior to the commencement of
10    the action. In determining whether and the  extent  to  which
11    the  payments  shall  be made for any prior period, the court
12    shall consider all relevant facts, including the factors  for
13    determining  the  amount of support specified in the Illinois
14    Marriage and Dissolution of Marriage Act and other  equitable
15    factors including but not limited to:
16             (1)  The  father's  prior  knowledge of the fact and
17        circumstances of the child's birth.
18             (2)  The father's prior willingness  or  refusal  to
19        help raise or support the child.
20             (3)  The  extent  to  which the mother or the public
21        agency bringing the action previously informed the father
22        of the child's needs or attempted to seek or require  his
23        help in raising or supporting the child.
24             (4)  The reasons the mother or the public agency did
25        not file the action earlier.
26             (5)  The   extent  to  which  the  father  would  be
27        prejudiced by the delay in bringing the action.
28        For purposes of determining the amount of  child  support
29    to  be  paid  for  any  period  before the date the order for
30    current child support  is  entered,  there  is  a  rebuttable
31    presumption that the father's net income for the prior period
32    was  the  same  as  his  net income at the time the order for
33    current child support is entered.
34        If (i) the non-custodial parent was properly served  with
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 1    a  request for discovery of financial information relating to
 2    the non-custodial parent's ability to provide child  support,
 3    (ii)  the  non-custodial  parent  failed  to  comply with the
 4    request, despite having been ordered to do so by  the  court,
 5    and  (iii)  the  non-custodial  parent  is not present at the
 6    hearing to determine support despite having  received  proper
 7    notice,  then  any  relevant financial information concerning
 8    the non-custodial parent's ability to provide  child  support
 9    that  was  obtained  pursuant  to  subpoena and proper notice
10    shall be admitted into evidence without the need to establish
11    any further foundation for its admission.
12        (c)  Any new or existing support  order  entered  by  the
13    court  under  this  Section shall be deemed to be a series of
14    judgments  against  the  person  obligated  to  pay   support
15    thereunder, each judgment to be in the amount of each payment
16    or 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  judgment  shall  have  the  full  force,   effect   and
20    attributes of any other judgment of this State, including the
21    ability  to  be  enforced.  A lien arises by operation of law
22    against the real and personal property  of  the  noncustodial
23    parent  for  each  installment of overdue support owed by the
24    noncustodial parent.
25        (d)  If the judgment or order of the court is at variance
26    with the child's birth certificate,  the  court  shall  order
27    that  a  new  birth  certificate  be  issued  under the Vital
28    Records Act.
29        (e)  On request of the mother and the father,  the  court
30    shall  order  a  change  in  the  child's name. After hearing
31    evidence the court may stay payment  of  support  during  the
32    period of the father's minority or period of disability.
33        (f)  If,  upon  a  showing  of proper service, the father
34    fails to appear in court, or otherwise appear as provided  by
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 1    law,  the  court may proceed to hear the cause upon testimony
 2    of the mother or other parties taken in open court and  shall
 3    enter a judgment by default.  The court may reserve any order
 4    as  to  the  amount  of  child  support  until the father has
 5    received notice, by regular mail, of a hearing on the matter.
 6        (g)  A one-time charge  of  20%  is  imposable  upon  the
 7    amount  of  past-due child support owed on July 1, 1988 which
 8    has accrued under a support order entered by the court.   The
 9    charge  shall be imposed in accordance with the provisions of
10    Section 10-21 of the Illinois Public Aid Code  and  shall  be
11    enforced by the court upon petition.
12        (h)  All  orders  for  support, when entered or modified,
13    shall include a provision requiring the non-custodial  parent
14    to notify the court and, in cases in which party is receiving
15    child  support  enforcement  services  under Article X of the
16    Illinois Public Aid Code, the Illinois Department  of  Public
17    Aid,  within  7  days, (i) of the name and address of any new
18    employer  of  the  non-custodial  parent,  (ii)  whether  the
19    non-custodial parent has access to health insurance  coverage
20    through  the employer or other group coverage and, if so, the
21    policy name and number and the names of persons covered under
22    the policy, and (iii)  of  any  new  residential  or  mailing
23    address  or telephone number of the non-custodial parent.  In
24    any subsequent action to enforce  a  support  order,  upon  a
25    sufficient  showing  that  a diligent effort has been made to
26    ascertain the location of the non-custodial  parent,  service
27    of  process  or provision of notice necessary in the case may
28    be made at the last known address of the non-custodial parent
29    in any  manner  expressly  provided  by  the  Code  of  Civil
30    Procedure  or this Act, which service shall be sufficient for
31    purposes of due process.
32        (i)  An order for support shall include a date  on  which
33    the  current  support obligation terminates.  The termination
34    date shall be no earlier than the date  on  which  the  child
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 1    covered  by  the  order will attain the age of majority or is
 2    otherwise emancipated.  The order  for  support  shall  state
 3    that  the  termination  date  does not apply to any arrearage
 4    that may  remain  unpaid  on  that  date.   Nothing  in  this
 5    subsection  shall  be  construed  to  prevent  the court from
 6    modifying the order.
 7        (j)  An order entered under this Section shall include  a
 8    provision  requiring the obligor to report to the obligee and
 9    to the clerk of court within 10 days each  time  the  obligor
10    obtains   new   employment,   and  each  time  the  obligor's
11    employment is terminated for any reason. The report shall  be
12    in  writing and shall, in the case of new employment, include
13    the name and address of the new employer. Failure  to  report
14    new  employment  or the termination of current employment, if
15    coupled with nonpayment of support for a period in excess  of
16    60  days,  is  indirect  criminal  contempt.  For any obligor
17    arrested for failure to report new employment bond  shall  be
18    set  in the amount of the child support that should have been
19    paid during the period of unreported  employment.   An  order
20    entered  under  this  Section  shall also include a provision
21    requiring the obligor and  obligee  parents  to  advise  each
22    other  of  a  change in residence within 5 days of the change
23    except when the court finds that  the  physical,  mental,  or
24    emotional  health  of  a  party  or that of a minor child, or
25    both, would be seriously  endangered  by  disclosure  of  the
26    party's address.
27    (Source: P.A. 91-767, eff. 6-9-00, 92-590, eff. 7-1-02.)

28        (750 ILCS 45/16) (from Ch. 40, par. 2516)
29        Sec.  16.   Modification  of  Judgment.   The  court  has
30    continuing  jurisdiction  to  modify  an  order  for support,
31    custody, or visitation, or removal  included  in  a  judgment
32    entered  under  this  Act.   Any  custody,  or visitation, or
33    removal judgment modification shall be in accordance with the
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 1    relevant factors specified  in  the  "Illinois  Marriage  and
 2    Dissolution of Marriage Act, including Section 609", approved
 3    September  22, 1977, as now or hereafter amended. Any support
 4    judgment is subject to modification or  termination  only  in
 5    accordance  with  Section  510  of  the Illinois Marriage and
 6    Dissolution of Marriage Act.
 7    (Source: P.A. 85-2.)

 8        Section 99.  Effective date.  This Act takes effect  upon
 9    becoming law.