Illinois General Assembly - Illinois Compiled Statutes

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

305 ILCS 5/10-8.1

(305 ILCS 5/10-8.1)

Sec. 10-8.1. Temporary order for child support.

Notwithstanding any other
law to the contrary, pending the outcome of an
administrative determination of parentage, the Illinois Department shall issue
a temporary order for child support, upon motion by a party and a showing of
clear and convincing evidence of paternity.  In determining the amount of the
temporary child support award, the Illinois Department shall use the
guidelines and standards set forth in subsection (a) of Section 505 and in
Section 505.2 of the Illinois Marriage and Dissolution of Marriage Act.

Any new or existing support order entered by the Illinois Department under
this Section shall be deemed to be a series of judgments against the person
obligated to pay support thereunder, each such judgment to be in the amount of
each payment or installment of support and each judgment to be deemed entered
as of the date the corresponding payment or installment becomes due under the
terms of the support order.  Each such judgment shall have
the full force, effect, and attributes of any other judgment of this State,
including the ability to be enforced.  Any such judgment is subject to
modification or termination only in accordance with Section 510 of the
Illinois Marriage and Dissolution of Marriage Act.
Notwithstanding any other State or local law to the contrary, a lien arises by operation of law against the real and personal property of the
noncustodial parent for each
installment of overdue support owed by the noncustodial parent.

All orders for support entered or modified in a case in which a party is
receiving child support enforcement services under this
Article X shall include
a provision requiring the non-custodial parent to notify the Illinois
Department, within 7 days, (i) of the name, address, and telephone number of
any new
employer of the non-custodial parent, (ii) whether the non-custodial parent has
access to health insurance coverage through the employer or other group
coverage, and, if so, the policy name and number and the names of persons
covered under the policy, and (iii) of any new residential or mailing address
or telephone number of the non-custodial parent.

In any subsequent action to enforce a support order, upon sufficient showing
that diligent effort has been made to ascertain the location of the
non-custodial parent, service of process or provision of notice necessary in
that action may be made at the last known address of the non-custodial parent,
in any manner expressly provided by the Code of
Civil Procedure or this Act, which service shall be sufficient for purposes of
due process.

An order for support shall include a date on which the current support
obligation terminates.  The termination date shall be no earlier than the date
on which the child covered by the order will attain the age of
18.  However, if the child will not graduate from high school until after
attaining the age
of 18, then the termination date shall be no earlier than the earlier of the
date on which
the child's high school graduation will occur or the date on which the child
will attain the
age of 19.  The order for support shall state that the termination
date does not apply to any arrearage that may remain unpaid on that date.
Nothing in this paragraph shall be construed to prevent the Illinois Department
from modifying the order or terminating the order in the event the child is
otherwise emancipated.

If there is an unpaid arrearage or delinquency (as those terms are defined in the Income Withholding for Support Act) equal to at least one month's support obligation on the termination date stated in the order for support or, if there is no termination date stated in the order, on the date the child attains the age of majority or is otherwise emancipated, then the periodic amount required to be paid for current support of that child immediately prior to that date shall automatically continue to be an obligation, not as current support but as periodic payment toward satisfaction of the unpaid arrearage or delinquency.  That periodic payment shall be in addition to any periodic payment previously required for satisfaction of the arrearage or delinquency.  The total periodic amount to be paid toward satisfaction of the arrearage or delinquency may be enforced and collected by any method provided by law for the enforcement and collection of child support, including but not limited to income withholding under the Income Withholding for Support Act.  Each order for support entered or modified on or after the effective date of this amendatory Act of the 93rd General Assembly must contain a statement notifying the parties of the requirements of this paragraph.  Failure to include the statement in the order for support does not affect the validity of the order or the operation of the provisions of this paragraph with regard to the order.  This paragraph shall not be construed to prevent or affect the establishment or modification of an order for the support of a minor child or the establishment or modification of an order for the support of a non-minor child or educational expenses under Section 513 of the Illinois Marriage and Dissolution of Marriage Act.

(Source: P.A. 97-186, eff. 7-22-11.)