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90_HB0711ham001
LRB9000937RCksam01
1 AMENDMENT TO HOUSE BILL 711
2 AMENDMENT NO. . Amend House Bill 711 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Marriage and Dissolution of
5 Marriage Act by changing Section 505."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Marriage and Dissolution of
9 Marriage Act is amended by changing Section 505 as follows:
10 (750 ILCS 5/505) (from Ch. 40, par. 505)
11 Sec. 505. Child support; contempt; penalties.
12 (a) In a proceeding for dissolution of marriage, legal
13 separation, declaration of invalidity of marriage, a
14 proceeding for child support following dissolution of the
15 marriage by a court which lacked personal jurisdiction over
16 the absent spouse, a proceeding for modification of a
17 previous order for child support under Section 510 of this
18 Act, or any proceeding authorized under Section 501 or 601 of
19 this Act, the court may order either or both parents owing a
20 duty of support to a child of the marriage to pay an amount
21 reasonable and necessary for his support, without regard to
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1 marital misconduct. The duty of support owed to a minor
2 child includes the obligation to provide for the reasonable
3 and necessary physical, mental and emotional health needs of
4 the child.
5 (1) The Court shall determine the minimum amount of
6 support by using the following guidelines:
7 Number of Children Percent of Supporting Party's
8 Net Income
9 1 20%
10 2 25%
11 3 32%
12 4 40%
13 5 45%
14 6 or more 50%
15 (2) The above guidelines shall be applied in each
16 case unless the court makes a finding that application of
17 the guidelines would be inappropriate, after considering
18 the best interests of the child in light of evidence
19 including but not limited to one or more of the following
20 relevant factors:
21 (a) the financial resources and needs of the
22 child;
23 (b) the financial resources and needs of the
24 custodial parent;
25 (c) the standard of living the child would
26 have enjoyed had the marriage not been dissolved;
27 (d) the physical and emotional condition of
28 the child, and his educational needs; and
29 (e) the financial resources and needs of the
30 non-custodial parent.
31 If the court deviates from the guidelines, the
32 court's finding shall state the amount of support that
33 would have been required under the guidelines, if
34 determinable. The court shall include the reason or
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1 reasons for the variance from the guidelines.
2 (3) "Net income" is defined as the total of all
3 income from all sources, minus the following deductions:
4 (a) Federal income tax (properly calculated
5 withholding or estimated payments);
6 (b) State income tax (properly calculated
7 withholding or estimated payments);
8 (c) Social Security (FICA payments);
9 (d) Mandatory retirement contributions
10 required by law or as a condition of employment;
11 (e) Union dues;
12 (f) Dependent and individual
13 health/hospitalization insurance premiums;
14 (g) Prior obligations of support or
15 maintenance actually paid pursuant to a court order;
16 (h) Expenditures for repayment of debts that
17 represent reasonable and necessary expenses for the
18 production of income, medical expenditures necessary
19 to preserve life or health, reasonable expenditures
20 for the benefit of the child and the other parent,
21 exclusive of gifts. The court shall reduce net
22 income in determining the minimum amount of support
23 to be ordered only for the period that such payments
24 are due and shall enter an order containing
25 provisions for its self-executing modification upon
26 termination of such payment period.
27 (4) In cases where the court order provides for
28 health/hospitalization insurance coverage pursuant to
29 Section 505.2 of this Act, the premiums for that
30 insurance, or that portion of the premiums for which the
31 supporting party is responsible in the case of insurance
32 provided through an employer's health insurance plan
33 where the employer pays a portion of the premiums, shall
34 be subtracted from net income in determining the minimum
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1 amount of support to be ordered.
2 (4.5) In a proceeding for child support following
3 dissolution of the marriage by a court that lacked
4 personal jurisdiction over the absent spouse, and in
5 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 supporting party's net income for the prior period was
9 the same as his or her net income at the time the order
10 for current support is entered.
11 (5) If the net income cannot be determined because
12 of default or any other reason, the court shall order
13 support in an amount considered reasonable in the
14 particular case. The final order in all cases shall
15 state the support level in dollar amounts.
16 (b) Failure of either parent to comply with an order to
17 pay support shall be punishable as in other cases of
18 contempt. In addition to other penalties provided by law the
19 Court may, after finding the parent guilty of contempt, order
20 that the parent be:
21 (1) placed on probation with such conditions of
22 probation as the Court deems advisable;
23 (2) sentenced to periodic imprisonment for a period
24 not to exceed 6 months; provided, however, that the Court
25 may permit the parent to be released for periods of time
26 during the day or night to:
27 (A) work; or
28 (B) conduct a business or other self-employed
29 occupation.
30 The Court may further order any part or all of the
31 earnings of a parent during a sentence of periodic
32 imprisonment paid to the Clerk of the Circuit Court or to the
33 parent having custody or to the guardian having custody of
34 the minor children of the sentenced parent for the support of
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1 said minor children until further order of the Court.
2 The court may also order in cases where the parent is 90
3 days or more delinquent in payment of support or has been
4 adjudicated in arrears in an amount equal to 90 days
5 obligation or more, that the parent's Illinois driving
6 privileges be suspended until the court determines that the
7 parent is in compliance with the order of support. The court
8 may also order that the parent be issued a family financial
9 responsibility driving permit that would allow limited
10 driving privileges for employment and medical purposes in
11 accordance with Section 7-702.1 of the Illinois Vehicle Code.
12 The clerk of the circuit court shall certify the order
13 suspending the driving privileges of the parent or granting
14 the issuance of a family financial responsibility driving
15 permit to the Secretary of State on forms prescribed by the
16 Secretary. Upon receipt of the authenticated documents, the
17 Secretary of State shall suspend the parent's driving
18 privileges until further order of the court and shall, if
19 ordered by the court, subject to the provisions of Section
20 7-702.1 of the Illinois Vehicle Code, issue a family
21 financial responsibility driving permit to the parent.
22 (b-5) A second or subsequent failure of either parent to
23 comply with an order to pay child support shall be punishable
24 as in other cases of contempt. In addition to other
25 penalties provided by law the court shall, after finding the
26 parent guilty of contempt, order that the parent be sentenced
27 to 6 months imprisonment if:
28 (1) the parent had previously received periodic
29 imprisonment after failure to comply with an order to pay
30 child support; and
31 (2) the imprisonment permitted the parent to be
32 released for periods of time during the day or night to
33 work or conduct a business or other self employed
34 occupation; and
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1 (3) the parent still did not comply with the order
2 to pay child support during this periodic imprisonment.
3 A parent sentenced under this subsection (b-5) shall not
4 receive probation, conditional discharge, supervision, or
5 periodic imprisonment.
6 (c) 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 (d) 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 such judgment to be in the amount of each
16 payment or installment of support and each such judgment to
17 be deemed 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.
22 (e) When child support is to be paid through the clerk
23 of the court in a county of 1,000,000 inhabitants or less,
24 the order shall direct the obligor to pay to the clerk, in
25 addition to the child support payments, all fees imposed by
26 the county board under paragraph (3) of subsection (u) of
27 Section 27.1 of the Clerks of Courts Act. Unless paid in
28 cash or pursuant to an order for withholding, the payment of
29 the fee shall be by a separate instrument from the support
30 payment and shall be made to the order of the Clerk.
31 (f) An order for support entered or modified in a case
32 in which a party is receiving child and spouse support
33 services under Article X of the Illinois Public Aid Code
34 shall include a provision requiring the obligor to notify the
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1 Illinois Department of Public Aid, within 7 days, (i) of the
2 name and address of any new employer of the obligor, (ii)
3 whether the obligor has access to health insurance coverage
4 through the employer or other group coverage, and (iii) if
5 so, the policy name and number and the names of persons
6 covered under the policy.
7 (g) An order for support shall include a date on which
8 the current support obligation terminates. The termination
9 date shall be no earlier than the date on which the child
10 covered by the order will attain the age of majority or is
11 otherwise emancipated. The order for support shall state
12 that the termination date does not apply to any arrearage
13 that may remain unpaid on that date. Nothing in this
14 subsection shall be construed to prevent the court from
15 modifying the order.
16 (Source: P.A. 88-307; 88-687, eff. 1-24-95; 89-88, eff.
17 6-30-95; 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.)".