[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB1882
305 ILCS 5/10-11.2 new
750 ILCS 5/505.3 new
750 ILCS 15/3.5 new
750 ILCS 20/24.2 new
750 ILCS 45/15.3 new
Amends the Public Aid Code, the Marriage and Dissolution
of Marriage Act, the Non-Support of Spouse and Children Act,
the Revised Uniform Reciprocal Enforcement of Support Act,
and the Parentage Act of 1984. Provides that if a child is
born to parents who are unmarried and unemancipated minors,
a parent of one of the minors is providing support for the
child, and the minors have signed an acknowledgment of
paternity or a parent and child relationship has been
established between the child and the male minor, the parent
who is providing support for the child may (i) file a
complaint requesting that the court issue an order requiring
all of the minors' parents to pay support for the child or
(ii) request that the Department of Public Aid issue a
similar administrative order.
LRB9005116DJcd
LRB9005116DJcd
1 AN ACT concerning child support, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Public Aid Code is amended by
5 adding Section 10-11.2 as follows:
6 (305 ILCS 5/10-11.2 new)
7 Sec. 10-11.2. Support action by grandparents.
8 (a) As used in this Section, "minor" means a person 18
9 years of age or younger.
10 (b) If a child is born to parents who are unmarried and
11 unemancipated minors, a parent of one of the minors is
12 providing support for the child, and the minors have signed
13 an acknowledgment of paternity pursuant to Section 10-17.7 of
14 this Code or Section 12 of the Vital Records Act or a parent
15 and child relationship has been established between the child
16 and the male minor pursuant to the Illinois Parentage Act of
17 1984, the parent who is providing support for the child may
18 request that the Illinois Department issue an administrative
19 order requiring all of the minors' parents to pay support for
20 the child.
21 (c) On receipt of a request filed under subsection (b),
22 the Illinois Department shall schedule a hearing to
23 determine, in accordance with Section 10-3, the amount of
24 child support the minors' parents are required to pay and
25 the method of paying the support. At the conclusion of the
26 hearing, the Illinois Department shall issue an order
27 requiring the payment of support for the child. The Illinois
28 Department shall calculate the child support amount using
29 the income of the minors' parents instead of the income of
30 the minors. If any of the minors' parents are divorced, the
31 Illinois Department shall calculate the child support as if
-2- LRB9005116DJcd
1 they were married and shall issue a child support order
2 requiring the parents to pay a portion of any support
3 imposed as a separate obligation. If a child support order
4 previously issued requires one of the minors to pay support
5 for the child, the amount the minor is required to pay shall
6 be deducted from any amount that minor's parents are
7 required to pay pursuant to an order issued under this
8 Section. The hearing shall be held not later than 60 days
9 after the day the request is filed nor earlier than 30 days
10 after the Illinois Department gives the minors' parents
11 notice of the administrative proceeding.
12 (d) An administrative order issued by the Illinois
13 Department under this Section for the payment of child
14 support shall include a notice stating all of the following:
15 (1) That the parents of the minors may object to
16 the order by filing a complaint pursuant to subsection
17 (b) of Section 505.3 of the Illinois Marriage and
18 Dissolution of Marriage Act with the circuit court
19 requesting that the court issue an order requiring the
20 minors' parents to pay support for the child.
21 (2) That the complaint may be filed no later than
22 30 days after the date of the issuance of the Illinois
23 Departments' order.
24 (3) That, if none of the parents of the minors file
25 a complaint pursuant to subsection (b) of Section 505.3
26 of the Illinois Marriage and Dissolution of Marriage
27 Act, the Illinois Department's order is final and
28 enforceable by a court.
29 (e) An administrative order issued by the Illinois
30 Department under this Section shall remain in effect, except
31 as modified pursuant to this Code, until the occurrence of
32 any of the following:
33 (1) The minor who resides with the parents required
34 to pay support under this Section reaches the age of 18
-3- LRB9005116DJcd
1 years, dies, marries, enlists in the armed services, is
2 deported, gains legal or physical custody of the child,
3 or is emancipated under the Emancipation of Mature
4 Minors Act.
5 (2) The child who is the subject of the order dies,
6 is adopted, is deported, or is transferred to the legal
7 or physical custody of the minor who lives with the
8 parents required to pay support under this Section.
9 (3) The minor's parents to whom support is being
10 paid pursuant to this Section are no longer providing
11 any support for the child.
12 (f) The minor's parents to whom support is being paid
13 under a child support order issued by the Illinois Department
14 pursuant to this Section shall notify, and the minor's
15 parents who are paying support may notify, the Illinois
16 Department of the occurrence of any event described in
17 subsection (e).
18 Section 10. The Illinois Marriage and Dissolution of
19 Marriage Act is amended by adding Section 505.3 as follows:
20 (750 ILCS 5/505.3 new)
21 Sec. 505.3. Support action by grandparents.
22 (a) As used in this Section, "minor" means a person 18
23 years of age or younger.
24 (b) If a child is born to parents who are unmarried and
25 unemancipated minors, a parent of one of the minors is
26 providing support for the child, and the minors have signed
27 an acknowledgment of paternity pursuant to Section 10-17.7 of
28 the Illinois Public Aid Code or Section 12 of the Vital
29 Records Act or a parent and child relationship has been
30 established between the child and the male minor pursuant to
31 the Illinois Parentage Act of 1984, the parent who is
32 providing support for the child may file a complaint
-4- LRB9005116DJcd
1 requesting that the court issue an order requiring all of the
2 minors' parents to pay support for the child.
3 (c) On receipt of a complaint filed under subsection
4 (b), the court shall schedule a hearing to determine, in
5 accordance with Sections 505 and 505.2, the amount of child
6 support the minors' parents are required to pay and the
7 method of paying the support. At the conclusion of the
8 hearing, the court shall issue an order requiring the
9 payment of support for the child. The court shall calculate
10 the child support amount using the income of the minors'
11 parents instead of the income of the minors. If any of the
12 minors' parents are divorced, the court shall calculate the
13 child support as if they were married and shall issue a
14 child support order requiring the parents to pay a portion of
15 any support imposed as a separate obligation. If a child
16 support order previously issued requires one of the minors
17 to pay support for the child, the amount the minor is
18 required to pay shall be deducted from any amount that
19 minor's parents are required to pay pursuant to an order
20 issued under this Section. The hearing shall be held not
21 later than 60 days after the day the complaint is filed nor
22 earlier than 30 days after the court gives the minors'
23 parents notice of the action.
24 (d) An order issued by a court under this Section shall
25 remain in effect, except as modified pursuant to this Act,
26 until the occurrence of any of the following:
27 (1) The minor who resides with the parents required
28 to pay support under this Section reaches the age of 18
29 years, dies, marries, enlists in the armed services, is
30 deported, gains legal or physical custody of the child,
31 or is emancipated under the Emancipation of Mature
32 Minors Act.
33 (2) The child who is the subject of the order dies,
34 is adopted, is deported, or is transferred to the legal
-5- LRB9005116DJcd
1 or physical custody of the minor who lives with the
2 parents required to pay support under this Section.
3 (3) The minor's parents to whom support is being
4 paid pursuant to this Section are no longer providing
5 any support for the child.
6 (e) The minor's parents to whom support is being paid
7 under a child support order issued by a court pursuant to
8 this Section shall notify, and the minor's parents who are
9 paying support may notify, the Illinois Department of Public
10 Aid, in its capacity as a child support enforcement agency
11 under Article X of the Illinois Public Aid Code, of the
12 occurrence of any event described in subsection (d). A
13 willful failure to notify the Department as required by this
14 subsection is contempt of court.
15 Section 15. The Non-Support of Spouse and Children Act
16 is amended by adding Section 3.5 as follows:
17 (750 ILCS 15/3.5 new)
18 Sec. 3.5. Support action by grandparents.
19 (a) As used in this Section, "minor" means a person 18
20 years of age or younger.
21 (b) If a child is born to parents who are unmarried and
22 unemancipated minors, a parent of one of the minors is
23 providing support for the child, and the minors have signed
24 an acknowledgment of paternity pursuant to Section 10-17.7 of
25 the Illinois Public Aid Code or Section 12 of the Vital
26 Records Act or a parent and child relationship has been
27 established between the child and the male minor pursuant to
28 the Illinois Parentage Act of 1984, the parent who is
29 providing support for the child may file a complaint
30 requesting that the court issue an order requiring all of the
31 minors' parents to pay support for the child.
32 (c) On receipt of a complaint filed under subsection
-6- LRB9005116DJcd
1 (b), the court shall schedule a hearing to determine, in
2 accordance with Sections 505 and 505.2 of the Illinois
3 Marriage and Dissolution of Marriage Act, the amount of
4 child support the minors' parents are required to pay and the
5 method of paying the support. At the conclusion of the
6 hearing, the court shall issue an order requiring the
7 payment of support for the child. The court shall calculate
8 the child support amount using the income of the minors'
9 parents instead of the income of the minors. If any of the
10 minors' parents are divorced, the court shall calculate the
11 child support as if they were married and shall issue a
12 child support order requiring the parents to pay a portion of
13 any support imposed as a separate obligation. If a child
14 support order previously issued requires one of the minors
15 to pay support for the child, the amount the minor is
16 required to pay shall be deducted from any amount that
17 minor's parents are required to pay pursuant to an order
18 issued under this Section. The hearing shall be held not
19 later than 60 days after the day the complaint is filed nor
20 earlier than 30 days after the court gives the minors'
21 parents notice of the action.
22 (d) An order issued by a court under this Section shall
23 remain in effect, except as modified pursuant to this Act,
24 until the occurrence of any of the following:
25 (1) The minor who resides with the parents required
26 to pay support under this Section reaches the age of 18
27 years, dies, marries, enlists in the armed services, is
28 deported, gains legal or physical custody of the child,
29 or is emancipated under the Emancipation of Mature
30 Minors Act.
31 (2) The child who is the subject of the order dies,
32 is adopted, is deported, or is transferred to the legal
33 or physical custody of the minor who lives with the
34 parents required to pay support under this Section.
-7- LRB9005116DJcd
1 (3) The minor's parents to whom support is being
2 paid pursuant to this Section are no longer providing
3 any support for the child.
4 (e) The minor's parents to whom support is being paid
5 under a child support order issued by a court pursuant to
6 this Section shall notify, and the minor's parents who are
7 paying support may notify, the Illinois Department of Public
8 Aid, in its capacity as a child support enforcement agency
9 under Article X of the Illinois Public Aid Code, of the
10 occurrence of any event described in subsection (d). A
11 willful failure to notify the Department as required by this
12 subsection is contempt of court.
13 Section 20. The Revised Uniform Reciprocal Enforcement
14 of Support Act is amended by adding Section 24.2 as follows:
15 (750 ILCS 20/24.2 new)
16 Sec. 24.2. Support action by grandparents.
17 (a) As used in this Section, "minor" means a person 18
18 years of age or younger.
19 (b) If a child is born to parents who are unmarried and
20 unemancipated minors, a parent of one of the minors is
21 providing support for the child, and the minors have signed
22 an acknowledgment of paternity pursuant to Section 10-17.7 of
23 the Illinois Public Aid Code or Section 12 of the Vital
24 Records Act or a parent and child relationship has been
25 established between the child and the male minor pursuant to
26 the Illinois Parentage Act of 1984, the parent who is
27 providing support for the child may file a complaint
28 requesting that the court issue an order requiring all of the
29 minors' parents to pay support for the child.
30 (c) On receipt of a complaint filed under subsection
31 (b), the court shall schedule a hearing to determine, in
32 accordance with Sections 505 and 505.2 of the Illinois
-8- LRB9005116DJcd
1 Marriage and Dissolution of Marriage Act, the amount of
2 child support the minors' parents are required to pay and the
3 method of paying the support. At the conclusion of the
4 hearing, the court shall issue an order requiring the
5 payment of support for the child. The court shall calculate
6 the child support amount using the income of the minors'
7 parents instead of the income of the minors. If any of the
8 minors' parents are divorced, the court shall calculate the
9 child support as if they were married and shall issue a
10 child support order requiring the parents to pay a portion of
11 any support imposed as a separate obligation. If a child
12 support order previously issued requires one of the minors
13 to pay support for the child, the amount the minor is
14 required to pay shall be deducted from any amount that
15 minor's parents are required to pay pursuant to an order
16 issued under this Section. The hearing shall be held not
17 later than 60 days after the day the complaint is filed nor
18 earlier than 30 days after the court gives the minors'
19 parents notice of the action.
20 (d) An order issued by a court under this Section shall
21 remain in effect, except as modified pursuant to this Act,
22 until the occurrence of any of the following:
23 (1) The minor who resides with the parents required
24 to pay support under this Section reaches the age of 18
25 years, dies, marries, enlists in the armed services, is
26 deported, gains legal or physical custody of the child,
27 or is emancipated under the Emancipation of Mature
28 Minors Act.
29 (2) The child who is the subject of the order dies,
30 is adopted, is deported, or is transferred to the legal
31 or physical custody of the minor who lives with the
32 parents required to pay support under this Section.
33 (3) The minor's parents to whom support is being
34 paid pursuant to this Section are no longer providing
-9- LRB9005116DJcd
1 any support for the child.
2 (e) The minor's parents to whom support is being paid
3 under a child support order issued by a court pursuant to
4 this Section shall notify, and the minor's parents who are
5 paying support may notify, the Illinois Department of Public
6 Aid, in its capacity as a child support enforcement agency
7 under Article X of the Illinois Public Aid Code, of the
8 occurrence of any event described in subsection (d). A
9 willful failure to notify the Department as required by this
10 subsection is contempt of court.
11 Section 25. The Illinois Parentage Act of 1984 is
12 amended by adding Section 15.3 as follows:
13 (750 ILCS 45/15.3 new)
14 Sec. 15.3. Support action by grandparents.
15 (a) As used in this Section, "minor" means a person 18
16 years of age or younger.
17 (b) If a child is born to parents who are unmarried and
18 unemancipated minors, a parent of one of the minors is
19 providing support for the child, and the minors have signed
20 an acknowledgment of paternity pursuant to Section 10-17.7 of
21 the Illinois Public Aid Code or Section 12 of the Vital
22 Records Act or a parent and child relationship has been
23 established between the child and the male minor pursuant to
24 this Act, the parent who is providing support for the child
25 may file a complaint requesting that the court issue an
26 order requiring all of the minors' parents to pay support for
27 the child.
28 (c) On receipt of a complaint filed under subsection
29 (b), the court shall schedule a hearing to determine, in
30 accordance with Sections 505 and 505.2 of the Illinois
31 Marriage and Dissolution of Marriage Act, the amount of
32 child support the minors' parents are required to pay and the
-10- LRB9005116DJcd
1 method of paying the support. At the conclusion of the
2 hearing, the court shall issue an order requiring the
3 payment of support for the child. The court shall calculate
4 the child support amount using the income of the minors'
5 parents instead of the income of the minors. If any of the
6 minors' parents are divorced, the court shall calculate the
7 child support as if they were married and shall issue a
8 child support order requiring the parents to pay a portion of
9 any support imposed as a separate obligation. If a child
10 support order previously issued requires one of the minors
11 to pay support for the child, the amount the minor is
12 required to pay shall be deducted from any amount that
13 minor's parents are required to pay pursuant to an order
14 issued under this Section. The hearing shall be held not
15 later than 60 days after the day the complaint is filed nor
16 earlier than 30 days after the court gives the minors'
17 parents notice of the action.
18 (d) An order issued by a court under this Section shall
19 remain in effect, except as modified pursuant to this Act,
20 until the occurrence of any of the following:
21 (1) The minor who resides with the parents required
22 to pay support under this Section reaches the age of 18
23 years, dies, marries, enlists in the armed services, is
24 deported, gains legal or physical custody of the child,
25 or is emancipated under the Emancipation of Mature
26 Minors Act.
27 (2) The child who is the subject of the order dies,
28 is adopted, is deported, or is transferred to the legal
29 or physical custody of the minor who lives with the
30 parents required to pay support under this Section.
31 (3) The minor's parents to whom support is being
32 paid pursuant to this Section are no longer providing any
33 support for the child.
34 (e) The minor's parents to whom support is being paid
-11- LRB9005116DJcd
1 under a child support order issued by a court pursuant to
2 this Section shall notify, and the minor's parents who are
3 paying support may notify, the Illinois Department of Public
4 Aid, in its capacity as a child support enforcement agency
5 under Article X of the Illinois Public Aid Code, of the
6 occurrence of any event described in subsection (d). A
7 willful failure to notify the Department as required by this
8 subsection is contempt of court.