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90_HB3411
305 ILCS 5/10-16 from Ch. 23, par. 10-16
750 ILCS 5/505 from Ch. 40, par. 505
750 ILCS 15/1 from Ch. 40, par. 1101
750 ILCS 45/15 from Ch. 40, par. 2515
Amends the Non-Support of Spouse and Children Act.
Provides that a person found guilty under provisions making
failure to pay support a Class A misdemeanor may be sentenced
to participate in a supervised work program administered by
the Illinois Department of Public Aid through contract.
Provides that the program shall be conducted on weekends and
holidays, with a required fee from participants based on
income to offset costs, and consist of outdoor cleaning and
other duties while wearing brightly colored clothing.
Authorizes the Department to adopt rules to implement the
program. Amends the Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, and the Illinois
Parentage Act of 1984 to reference the program.
LRB9010837SMbd
LRB9010837SMbd
1 AN ACT concerning failure to pay support.
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 changing Section 10-16 as follows:
6 (305 ILCS 5/10-16) (from Ch. 23, par. 10-16)
7 Sec. 10-16. Judicial enforcement of court and
8 administrative support orders.) Court orders entered in
9 proceedings under Section 10-10 and court orders for
10 enforcement of an administrative order under Section 10-15
11 and for the payment of money may be enforced by attachment as
12 for contempt against the persons of the defendants, and in
13 addition, as other judgments for the payment of money, and
14 costs may be adjudged against the defendants and apportioned
15 among them; but if the complaint is dismissed, costs shall be
16 borne by the Illinois Department or the local governmental
17 unit, as the case may be. If a responsible relative is
18 directed by the Illinois Department, or the local
19 governmental unit, under the conditions stated in Section
20 10-8, to make support payments directly to the person, or to
21 some person or agency in his behalf, the court order entered
22 against him under this Section or Section 10-10 may be
23 enforced as herein provided if he thereafter fails to furnish
24 support in accordance with its terms. The State of Illinois
25 shall not be required to make a deposit for or pay any costs
26 or fees of any court or officer thereof in any proceeding
27 instituted under this Section.
28 The provisions of the Civil Practice Law, and all
29 amendments and modifications thereof, shall apply to and
30 govern all actions instituted under this Section and Section
31 10-10. In such actions proof that a person is an applicant
-2- LRB9010837SMbd
1 for or recipient of public aid under any Article of this Code
2 shall be prima facie proof that he is a person in necessitous
3 circumstances by reason of infirmity, unemployment or other
4 cause depriving him of the means of a livelihood compatible
5 with health and well-being.
6 Payments under this Section to the Illinois Department
7 pursuant to the Child Support Enforcement Program established
8 by Title IV-D of the Social Security Act shall be paid into
9 the Child Support Enforcement Trust Fund. All other payments
10 under this Section to the Illinois Department shall be
11 deposited in the Public Assistance Recoveries Trust Fund.
12 Disbursements from these funds shall be as provided in
13 Sections 12-9 and 12-10.2 of this Code. Payments received by
14 a local governmental unit shall be deposited in that unit's
15 General Assistance Fund.
16 In addition to the penalties or punishment that may be
17 imposed under this Section, any conduct which constitutes a
18 violation of Section 1 of the Non-Support of Spouse and
19 Children Act may be prosecuted under that Section and a
20 person convicted under that Section may be sentenced in
21 accordance with that Section. The sentence may include but
22 shall not be limited to a requirement that the person
23 participate in a supervised work program under that Section.
24 (Source: P.A. 83-1126.)
25 Section 10. The Illinois Marriage and Dissolution of
26 Marriage Act is amended by changing Section 505 as follows:
27 (750 ILCS 5/505) (from Ch. 40, par. 505)
28 (Text of Section before amendment by P.A. 90-539)
29 Sec. 505. Child support; contempt; penalties.
30 (a) In a proceeding for dissolution of marriage, legal
31 separation, declaration of invalidity of marriage, a
32 proceeding for child support following dissolution of the
-3- LRB9010837SMbd
1 marriage by a court which lacked personal jurisdiction over
2 the absent spouse, a proceeding for modification of a
3 previous order for child support under Section 510 of this
4 Act, or any proceeding authorized under Section 501 or 601 of
5 this Act, the court may order either or both parents owing a
6 duty of support to a child of the marriage to pay an amount
7 reasonable and necessary for his support, without regard to
8 marital misconduct. The duty of support owed to a minor
9 child includes the obligation to provide for the reasonable
10 and necessary physical, mental and emotional health needs of
11 the child.
12 (1) The Court shall determine the minimum amount of
13 support by using the following guidelines:
14 Number of Children Percent of Supporting Party's
15 Net Income
16 1 20%
17 2 25%
18 3 32%
19 4 40%
20 5 45%
21 6 or more 50%
22 (2) The above guidelines shall be applied in each
23 case unless the court makes a finding that application of
24 the guidelines would be inappropriate, after considering
25 the best interests of the child in light of evidence
26 including but not limited to one or more of the following
27 relevant factors:
28 (a) the financial resources and needs of the
29 child;
30 (b) the financial resources and needs of the
31 custodial parent;
32 (c) the standard of living the child would
33 have enjoyed had the marriage not been dissolved;
34 (d) the physical and emotional condition of
-4- LRB9010837SMbd
1 the child, and his educational needs; and
2 (e) the financial resources and needs of the
3 non-custodial parent.
4 If the court deviates from the guidelines, the
5 court's finding shall state the amount of support that
6 would have been required under the guidelines, if
7 determinable. The court shall include the reason or
8 reasons for the variance from the guidelines.
9 (3) "Net income" is defined as the total of all
10 income from all sources, minus the following deductions:
11 (a) Federal income tax (properly calculated
12 withholding or estimated payments);
13 (b) State income tax (properly calculated
14 withholding or estimated payments);
15 (c) Social Security (FICA payments);
16 (d) Mandatory retirement contributions
17 required by law or as a condition of employment;
18 (e) Union dues;
19 (f) Dependent and individual
20 health/hospitalization insurance premiums;
21 (g) Prior obligations of support or
22 maintenance actually paid pursuant to a court order;
23 (h) Expenditures for repayment of debts that
24 represent reasonable and necessary expenses for the
25 production of income, medical expenditures necessary
26 to preserve life or health, reasonable expenditures
27 for the benefit of the child and the other parent,
28 exclusive of gifts. The court shall reduce net
29 income in determining the minimum amount of support
30 to be ordered only for the period that such payments
31 are due and shall enter an order containing
32 provisions for its self-executing modification upon
33 termination of such payment period.
34 (4) In cases where the court order provides for
-5- LRB9010837SMbd
1 health/hospitalization insurance coverage pursuant to
2 Section 505.2 of this Act, the premiums for that
3 insurance, or that portion of the premiums for which the
4 supporting party is responsible in the case of insurance
5 provided through an employer's health insurance plan
6 where the employer pays a portion of the premiums, shall
7 be subtracted from net income in determining the minimum
8 amount of support to be ordered.
9 (4.5) In a proceeding for child support following
10 dissolution of the marriage by a court that lacked
11 personal jurisdiction over the absent spouse, and in
12 which the court is requiring payment of support for the
13 period before the date an order for current support is
14 entered, there is a rebuttable presumption that the
15 supporting party's net income for the prior period was
16 the same as his or her net income at the time the order
17 for current support is entered.
18 (5) If the net income cannot be determined because
19 of default or any other reason, the court shall order
20 support in an amount considered reasonable in the
21 particular case. The final order in all cases shall
22 state the support level in dollar amounts.
23 (b) Failure of either parent to comply with an order to
24 pay support shall be punishable as in other cases of
25 contempt. In addition to other penalties provided by law the
26 Court may, after finding the parent guilty of contempt, order
27 that the parent be:
28 (1) placed on probation with such conditions of
29 probation as the Court deems advisable;
30 (2) sentenced to periodic imprisonment for a period
31 not to exceed 6 months; provided, however, that the Court
32 may permit the parent to be released for periods of time
33 during the day or night to:
34 (A) work; or
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1 (B) conduct a business or other self-employed
2 occupation.
3 The Court may further order any part or all of the
4 earnings of a parent during a sentence of periodic
5 imprisonment paid to the Clerk of the Circuit Court or to the
6 parent having custody or to the guardian having custody of
7 the minor children of the sentenced parent for the support of
8 said minor children until further order of the Court.
9 If there is a unity of interest and ownership sufficient
10 to render no financial separation between a non-custodial
11 parent and another person or persons or business entity, the
12 court may pierce the ownership veil of the person, persons,
13 or business entity to discover assets of the non-custodial
14 parent held in the name of that person, those persons, or
15 that business entity. The following circumstances are
16 sufficient to authorize a court to order discovery of the
17 assets of a person, persons, or business entity and to compel
18 the application of any discovered assets toward payment on
19 the judgment for support:
20 (1) the non-custodial parent and the person,
21 persons, or business entity maintain records together.
22 (2) the non-custodial parent and the person,
23 persons, or business entity fail to maintain an arms
24 length relationship between themselves with regard to any
25 assets.
26 (3) the non-custodial parent transfers assets to
27 the person, persons, or business entity with the intent
28 to perpetrate a fraud on the custodial parent.
29 With respect to assets which are real property, no order
30 entered under this paragraph shall affect the rights of bona
31 fide purchasers, mortgagees, judgment creditors, or other
32 lien holders who acquire their interests in the property
33 prior to the time a notice of lis pendens pursuant to the
34 Code of Civil Procedure or a copy of the order is placed of
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1 record in the office of the recorder of deeds for the county
2 in which the real property is located.
3 The court may also order in cases where the parent is 90
4 days or more delinquent in payment of support or has been
5 adjudicated in arrears in an amount equal to 90 days
6 obligation or more, that the parent's Illinois driving
7 privileges be suspended until the court determines that the
8 parent is in compliance with the order of support. The court
9 may also order that the parent be issued a family financial
10 responsibility driving permit that would allow limited
11 driving privileges for employment and medical purposes in
12 accordance with Section 7-702.1 of the Illinois Vehicle Code.
13 The clerk of the circuit court shall certify the order
14 suspending the driving privileges of the parent or granting
15 the issuance of a family financial responsibility driving
16 permit to the Secretary of State on forms prescribed by the
17 Secretary. Upon receipt of the authenticated documents, the
18 Secretary of State shall suspend the parent's driving
19 privileges until further order of the court and shall, if
20 ordered by the court, subject to the provisions of Section
21 7-702.1 of the Illinois Vehicle Code, issue a family
22 financial responsibility driving permit to the parent.
23 In addition to the penalties or punishment that may be
24 imposed under this Section, any conduct which constitutes a
25 violation of Section 1 of the Non-Support of Spouse and
26 Children Act may be prosecuted under that Section and a
27 person convicted under that Section may be sentenced in
28 accordance with that Section. The sentence may include but
29 shall not be limited to a requirement that the person
30 participate in a supervised work program under that Section.
31 (c) A one-time charge of 20% is imposable upon the
32 amount of past-due child support owed on July 1, 1988 which
33 has accrued under a support order entered by the court. The
34 charge shall be imposed in accordance with the provisions of
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1 Section 10-21 of the Illinois Public Aid Code and shall be
2 enforced by the court upon petition.
3 (d) Any new or existing support order entered by the
4 court under this Section shall be deemed to be a series of
5 judgments against the person obligated to pay support
6 thereunder, each such judgment to be in the amount of each
7 payment or installment of support and each such judgment to
8 be deemed entered as of the date the corresponding payment or
9 installment becomes due under the terms of the support order.
10 Each such judgment shall have the full force, effect and
11 attributes of any other judgment of this State, including the
12 ability to be enforced. A lien arises by operation of law
13 against the real and personal property of the noncustodial
14 parent for each installment of overdue support owed by the
15 noncustodial parent.
16 (e) When child support is to be paid through the clerk
17 of the court in a county of 1,000,000 inhabitants or less,
18 the order shall direct the obligor to pay to the clerk, in
19 addition to the child support payments, all fees imposed by
20 the county board under paragraph (3) of subsection (u) of
21 Section 27.1 of the Clerks of Courts Act. Unless paid in
22 cash or pursuant to an order for withholding, the payment of
23 the fee shall be by a separate instrument from the support
24 payment and shall be made to the order of the Clerk.
25 (f) All orders for support, when entered or modified,
26 shall include a provision requiring the obligor to notify the
27 court and, in cases in which a party is receiving child and
28 spouse services under Article X of the Illinois Public Aid
29 Code, the Illinois Department of Public Aid, within 7 days,
30 (i) of the name and address of any new employer of the
31 obligor, (ii) whether the obligor has access to health
32 insurance coverage through the employer or other group
33 coverage and, if so, the policy name and number and the names
34 of persons covered under the policy, and (iii) of any new
-9- LRB9010837SMbd
1 residential or mailing address or telephone number of the
2 non-custodial parent. In any subsequent action to enforce a
3 support order, upon a sufficient showing that a diligent
4 effort has been made to ascertain the location of the
5 non-custodial parent, service of process or provision of
6 notice necessary in the case may be made at the last known
7 address of the non-custodial parent in any manner expressly
8 provided by the Code of Civil Procedure or this Act, which
9 service shall be sufficient for purposes of due process.
10 (g) An order for support shall include a date on which
11 the current support obligation terminates. The termination
12 date shall be no earlier than the date on which the child
13 covered by the order will attain the age of majority or is
14 otherwise emancipated. The order for support shall state that
15 the termination date does not apply to any arrearage that may
16 remain unpaid on that date. Nothing in this subsection shall
17 be construed to prevent the court from modifying the order.
18 (Source: P.A. 89-88, eff. 6-30-95; 89-92, eff. 7-1-96;
19 89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
20 revised 10-7-97.)
21 (Text of Section after amendment by P.A. 90-539)
22 Sec. 505. Child support; contempt; penalties.
23 (a) In a proceeding for dissolution of marriage, legal
24 separation, declaration of invalidity of marriage, a
25 proceeding for child support following dissolution of the
26 marriage by a court which lacked personal jurisdiction over
27 the absent spouse, a proceeding for modification of a
28 previous order for child support under Section 510 of this
29 Act, or any proceeding authorized under Section 501 or 601 of
30 this Act, the court may order either or both parents owing a
31 duty of support to a child of the marriage to pay an amount
32 reasonable and necessary for his support, without regard to
33 marital misconduct. The duty of support owed to a minor
34 child includes the obligation to provide for the reasonable
-10- LRB9010837SMbd
1 and necessary physical, mental and emotional health needs of
2 the child.
3 (1) The Court shall determine the minimum amount of
4 support by using the following guidelines:
5 Number of Children Percent of Supporting Party's
6 Net Income
7 1 20%
8 2 25%
9 3 32%
10 4 40%
11 5 45%
12 6 or more 50%
13 (2) The above guidelines shall be applied in each
14 case unless the court makes a finding that application of
15 the guidelines would be inappropriate, after considering
16 the best interests of the child in light of evidence
17 including but not limited to one or more of the following
18 relevant factors:
19 (a) the financial resources and needs of the
20 child;
21 (b) the financial resources and needs of the
22 custodial parent;
23 (c) the standard of living the child would
24 have enjoyed had the marriage not been dissolved;
25 (d) the physical and emotional condition of
26 the child, and his educational needs; and
27 (e) the financial resources and needs of the
28 non-custodial parent.
29 If the court deviates from the guidelines, the
30 court's finding shall state the amount of support that
31 would have been required under the guidelines, if
32 determinable. The court shall include the reason or
33 reasons for the variance from the guidelines.
34 (3) "Net income" is defined as the total of all
-11- LRB9010837SMbd
1 income from all sources, minus the following deductions:
2 (a) Federal income tax (properly calculated
3 withholding or estimated payments);
4 (b) State income tax (properly calculated
5 withholding or estimated payments);
6 (c) Social Security (FICA payments);
7 (d) Mandatory retirement contributions
8 required by law or as a condition of employment;
9 (e) Union dues;
10 (f) Dependent and individual
11 health/hospitalization insurance premiums;
12 (g) Prior obligations of support or
13 maintenance actually paid pursuant to a court order;
14 (h) Expenditures for repayment of debts that
15 represent reasonable and necessary expenses for the
16 production of income, medical expenditures necessary
17 to preserve life or health, reasonable expenditures
18 for the benefit of the child and the other parent,
19 exclusive of gifts. The court shall reduce net
20 income in determining the minimum amount of support
21 to be ordered only for the period that such payments
22 are due and shall enter an order containing
23 provisions for its self-executing modification upon
24 termination of such payment period.
25 (4) In cases where the court order provides for
26 health/hospitalization insurance coverage pursuant to
27 Section 505.2 of this Act, the premiums for that
28 insurance, or that portion of the premiums for which the
29 supporting party is responsible in the case of insurance
30 provided through an employer's health insurance plan
31 where the employer pays a portion of the premiums, shall
32 be subtracted from net income in determining the minimum
33 amount of support to be ordered.
34 (4.5) In a proceeding for child support following
-12- LRB9010837SMbd
1 dissolution of the marriage by a court that lacked
2 personal jurisdiction over the absent spouse, and in
3 which the court is requiring payment of support for the
4 period before the date an order for current support is
5 entered, there is a rebuttable presumption that the
6 supporting party's net income for the prior period was
7 the same as his or her net income at the time the order
8 for current support is entered.
9 (5) If the net income cannot be determined because
10 of default or any other reason, the court shall order
11 support in an amount considered reasonable in the
12 particular case. The final order in all cases shall
13 state the support level in dollar amounts.
14 (b) Failure of either parent to comply with an order to
15 pay support shall be punishable as in other cases of
16 contempt. In addition to other penalties provided by law the
17 Court may, after finding the parent guilty of contempt, order
18 that the parent be:
19 (1) placed on probation with such conditions of
20 probation as the Court deems advisable;
21 (2) sentenced to periodic imprisonment for a period
22 not to exceed 6 months; provided, however, that the Court
23 may permit the parent to be released for periods of time
24 during the day or night to:
25 (A) work; or
26 (B) conduct a business or other self-employed
27 occupation.
28 The Court may further order any part or all of the
29 earnings of a parent during a sentence of periodic
30 imprisonment paid to the Clerk of the Circuit Court or to the
31 parent having custody or to the guardian having custody of
32 the minor children of the sentenced parent for the support of
33 said minor children until further order of the Court.
34 If there is a unity of interest and ownership sufficient
-13- LRB9010837SMbd
1 to render no financial separation between a non-custodial
2 parent and another person or persons or business entity, the
3 court may pierce the ownership veil of the person, persons,
4 or business entity to discover assets of the non-custodial
5 parent held in the name of that person, those persons, or
6 that business entity. The following circumstances are
7 sufficient to authorize a court to order discovery of the
8 assets of a person, persons, or business entity and to compel
9 the application of any discovered assets toward payment on
10 the judgment for support:
11 (1) the non-custodial parent and the person,
12 persons, or business entity maintain records together.
13 (2) the non-custodial parent and the person,
14 persons, or business entity fail to maintain an arms
15 length relationship between themselves with regard to any
16 assets.
17 (3) the non-custodial parent transfers assets to
18 the person, persons, or business entity with the intent
19 to perpetrate a fraud on the custodial parent.
20 With respect to assets which are real property, no order
21 entered under this paragraph shall affect the rights of bona
22 fide purchasers, mortgagees, judgment creditors, or other
23 lien holders who acquire their interests in the property
24 prior to the time a notice of lis pendens pursuant to the
25 Code of Civil Procedure or a copy of the order is placed of
26 record in the office of the recorder of deeds for the county
27 in which the real property is located.
28 The court may also order in cases where the parent is 90
29 days or more delinquent in payment of support or has been
30 adjudicated in arrears in an amount equal to 90 days
31 obligation or more, that the parent's Illinois driving
32 privileges be suspended until the court determines that the
33 parent is in compliance with the order of support. The court
34 may also order that the parent be issued a family financial
-14- LRB9010837SMbd
1 responsibility driving permit that would allow limited
2 driving privileges for employment and medical purposes in
3 accordance with Section 7-702.1 of the Illinois Vehicle Code.
4 The clerk of the circuit court shall certify the order
5 suspending the driving privileges of the parent or granting
6 the issuance of a family financial responsibility driving
7 permit to the Secretary of State on forms prescribed by the
8 Secretary. Upon receipt of the authenticated documents, the
9 Secretary of State shall suspend the parent's driving
10 privileges until further order of the court and shall, if
11 ordered by the court, subject to the provisions of Section
12 7-702.1 of the Illinois Vehicle Code, issue a family
13 financial responsibility driving permit to the parent.
14 In addition to the penalties or punishment that may be
15 imposed under this Section, any conduct which constitutes a
16 violation of Section 1 of the Non-Support of Spouse and
17 Children Act may be prosecuted under that Section and a
18 person convicted under that Section may be sentenced in
19 accordance with that Section. The sentence may include but
20 shall not be limited to a requirement that the person
21 participate in a supervised work program under that Section.
22 (c) A one-time charge of 20% is imposable upon the
23 amount of past-due child support owed on July 1, 1988 which
24 has accrued under a support order entered by the court. The
25 charge shall be imposed in accordance with the provisions of
26 Section 10-21 of the Illinois Public Aid Code and shall be
27 enforced by the court upon petition.
28 (d) Any new or existing support order entered by the
29 court under this Section shall be deemed to be a series of
30 judgments against the person obligated to pay support
31 thereunder, each such judgment to be in the amount of each
32 payment or installment of support and each such judgment to
33 be deemed entered as of the date the corresponding payment or
34 installment becomes due under the terms of the support order.
-15- LRB9010837SMbd
1 Each such judgment shall have the full force, effect and
2 attributes of any other judgment of this State, including the
3 ability to be enforced. A lien arises by operation of law
4 against the real and personal property of the noncustodial
5 parent for each installment of overdue support owed by the
6 noncustodial parent.
7 (e) When child support is to be paid through the clerk
8 of the court in a county of 1,000,000 inhabitants or less,
9 the order shall direct the obligor to pay to the clerk, in
10 addition to the child support payments, all fees imposed by
11 the county board under paragraph (3) of subsection (u) of
12 Section 27.1 of the Clerks of Courts Act. Unless paid in
13 cash or pursuant to an order for withholding, the payment of
14 the fee shall be by a separate instrument from the support
15 payment and shall be made to the order of the Clerk.
16 (f) All orders for support, when entered or modified,
17 shall include a provision requiring the obligor to notify the
18 court and, in cases in which a party is receiving child and
19 spouse services under Article X of the Illinois Public Aid
20 Code, the Illinois Department of Public Aid, within 7 days,
21 (i) of the name and address of any new employer of the
22 obligor, (ii) whether the obligor has access to health
23 insurance coverage through the employer or other group
24 coverage and, if so, the policy name and number and the names
25 of persons covered under the policy, and (iii) of any new
26 residential or mailing address or telephone number of the
27 non-custodial parent. In any subsequent action to enforce a
28 support order, upon a sufficient showing that a diligent
29 effort has been made to ascertain the location of the
30 non-custodial parent, service of process or provision of
31 notice necessary in the case may be made at the last known
32 address of the non-custodial parent in any manner expressly
33 provided by the Code of Civil Procedure or this Act, which
34 service shall be sufficient for purposes of due process.
-16- LRB9010837SMbd
1 (g) An order for support shall include a date on which
2 the current support obligation terminates. The termination
3 date shall be no earlier than the date on which the child
4 covered by the order will attain the age of majority or is
5 otherwise emancipated. The order for support shall state that
6 the termination date does not apply to any arrearage that may
7 remain unpaid on that date. Nothing in this subsection shall
8 be construed to prevent the court from modifying the order.
9 (h) An order entered under this Section shall include a
10 provision requiring the obligor to report to the obligee and
11 to the clerk of court within 10 days each time the obligor
12 obtains new employment, and each time the obligor's
13 employment is terminated for any reason. The report shall be
14 in writing and shall, in the case of new employment, include
15 the name and address of the new employer. Failure to report
16 new employment or the termination of current employment, if
17 coupled with nonpayment of support for a period in excess of
18 60 days, is indirect criminal contempt. For any obligor
19 arrested for failure to report new employment bond shall be
20 set in the amount of the child support that should have been
21 paid during the period of unreported employment. An order
22 entered under this Section shall also include a provision
23 requiring the obligor and obligee parents to advise each
24 other of a change in residence within 5 days of the change
25 except when the court finds that the physical, mental, or
26 emotional health of a party or that of a minor child, or
27 both, would be seriously endangered by disclosure of the
28 party's address.
29 (Source: P.A. 89-88, eff. 6-30-95; 89-92, eff. 7-1-96;
30 89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
31 90-539, eff. 6-1-98; revised 12-15-97.)
32 Section 15. The Non-Support of Spouse and Children Act
33 is amended by changing Section 1 as follows:
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1 (750 ILCS 15/1) (from Ch. 40, par. 1101)
2 Sec. 1. Every person who shall, without any lawful
3 excuse, neglect or refuse to provide for the support or
4 maintenance of his spouse, said spouse being in need of such
5 support or maintenance, or any person who shall, without
6 lawful excuse, desert or neglect or refuse to provide for the
7 support or maintenance of his or her child or children under
8 the age of 18 years, in need of such support or maintenance,
9 shall be deemed guilty of a Class A misdemeanor and shall be
10 liable under the provisions of the "Public Aid Code of
11 Illinois", approved April 11, 1967, to the Supervisor of
12 General Assistance or to the Illinois Department of Public
13 Aid, as the case may be, in a civil action, for the amount of
14 general assistance or assistance provided to his spouse or
15 children, or both his spouse and children.
16 A person found guilty under this Section may also be
17 sentenced to participate in a supervised work program
18 administered by the Illinois Department of Public Aid through
19 contract with the operator of the program. The Department of
20 Public Aid may contract with any entity for the operation of
21 this program, including a County Sheriff's Department. The
22 components of the program include, but are not limited to,
23 the following:
24 (1) The program shall be conducted on weekends and
25 holidays, beginning early each morning, and shall consist of
26 duties as assigned by the program operator, including, among
27 other duties, cleaning up roadsides and the edges of
28 waterways.
29 (2) The court shall determine the number of days a
30 person found guilty under this Section shall participate in
31 the supervised work program.
32 (3) Each participant shall be assessed a fee, based on a
33 sliding scale according to income, to offset the cost of
34 running the program.
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1 (4) Participants shall be attired in brightly colored
2 uniforms that readily identify them as persons who have
3 failed to comply with a support obligation.
4 (5) Participants shall be informed of the rules of
5 behavior and conduct and shall be required to adhere to all
6 program rules and requirements.
7 (6) Participants must be physically able to participate
8 in the work activity and must not have any mental disorder of
9 disability that would prevent participation in the supervised
10 work program.
11 The Department of Public Aid shall adopt rules to
12 implement the supervised work program.
13 (Source: P.A. 77-2528.)
14 Section 20. The Illinois Parentage Act of 1984 is
15 amended by changing Section 15 as follows:
16 (750 ILCS 45/15) (from Ch. 40, par. 2515)
17 Sec. 15. Enforcement of Judgment or Order.
18 (a) If existence of the parent and child relationship is
19 declared, or paternity or duty of support has been
20 established under this Act or under prior law or under the
21 law of any other jurisdiction, the judgment rendered
22 thereunder may be enforced in the same or other proceedings
23 by any party or any person or agency that has furnished or
24 may furnish financial assistance or services to the child.
25 Sections 14, 16 and 20 of this Act shall also be applicable
26 with respect to entry, modification and enforcement of any
27 support judgment entered under provisions of the "Paternity
28 Act", approved July 5, 1957, as amended, repealed July 1,
29 1985.
30 (b) Failure to comply with any order of the court shall
31 be punishable as contempt as in other cases of failure to
32 comply under the "Illinois Marriage and Dissolution of
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1 Marriage Act", as now or hereafter amended. In addition to
2 other penalties provided by law, the court may, after finding
3 the party guilty of contempt, order that the party be:
4 (1) Placed on probation with such conditions of
5 probation as the court deems advisable;
6 (2) Sentenced to periodic imprisonment for a period
7 not to exceed 6 months. However, the court may permit
8 the party to be released for periods of time during the
9 day or night to work or conduct business or other
10 self-employed occupation. The court may further order
11 any part of all the earnings of a party during a sentence
12 of periodic imprisonment to be paid to the Clerk of the
13 Circuit Court or to the person or parent having custody
14 of the minor child for the support of said child until
15 further order of the court.
16 (2.5) The court may also pierce the ownership veil
17 of a person, persons, or business entity to discover
18 assets of a non-custodial parent held in the name of that
19 person, those persons, or that business entity if there
20 is a unity of interest and ownership sufficient to render
21 no financial separation between the non-custodial parent
22 and that person, those persons, or the business entity.
23 The following circumstances are sufficient for a court to
24 order discovery of the assets of a person, persons, or
25 business entity and to compel the application of any
26 discovered assets toward payment on the judgment for
27 support:
28 (A) the non-custodial parent and the person,
29 persons, or business entity maintain records
30 together.
31 (B) the non-custodial parent and the person,
32 persons, or business entity fail to maintain an arms
33 length relationship between themselves with regard
34 to any assets.
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1 (C) the non-custodial parent transfers assets
2 to the person, persons, or business entity with the
3 intent to perpetrate a fraud on the custodial
4 parent.
5 With respect to assets which are real property, no
6 order entered under this subdivision (2.5) shall affect
7 the rights of bona fide purchasers, mortgagees, judgment
8 creditors, or other lien holders who acquire their
9 interests in the property prior to the time a notice of
10 lis pendens pursuant to the Code of Civil Procedure or a
11 copy of the order is placed of record in the office of
12 the recorder of deeds for the county in which the real
13 property is located.
14 (3) The court may also order that in cases where
15 the party is 90 days or more delinquent in payment of
16 support or has been adjudicated in arrears in an amount
17 equal to 90 days obligation or more, that the party's
18 Illinois driving privileges be suspended until the court
19 determines that the party is in compliance with the
20 judgement or duty of support. The court may also order
21 that the parent be issued a family financial
22 responsibility driving permit that would allow limited
23 driving privileges for employment and medical purposes in
24 accordance with Section 7-702.1 of the Illinois Vehicle
25 Code. The clerk of the circuit court shall certify the
26 order suspending the driving privileges of the parent or
27 granting the issuance of a family financial
28 responsibility driving permit to the Secretary of State
29 on forms prescribed by the Secretary. Upon receipt of the
30 authenticated documents, the Secretary of State shall
31 suspend the party's driving privileges until further
32 order of the court and shall, if ordered by the court,
33 subject to the provisions of Section 7-702.1 of the
34 Illinois Vehicle Code, issue a family financial
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1 responsibility driving permit to the parent.
2 In addition to the penalties or punishment that may be
3 imposed under this Section, any conduct which constitutes a
4 violation of Section 1 of the Non-Support of Spouse and
5 Children Act may be prosecuted under that Section and a
6 person convicted under that Section may be sentenced in
7 accordance with that Section. The sentence may include but
8 shall not be limited to a requirement that the person
9 participate in a supervised work program under that Section.
10 (c) In any post-judgment proceeding to enforce or modify
11 the judgment the parties shall continue to be designated as
12 in the original proceeding.
13 (Source: P.A. 89-92, eff. 7-1-96; 90-476, eff. 1-1-98.)
14 Section 95. No acceleration or delay. Where this Act
15 makes changes in a statute that is represented in this Act by
16 text that is not yet or no longer in effect (for example, a
17 Section represented by multiple versions), the use of that
18 text does not accelerate or delay the taking effect of (i)
19 the changes made by this Act or (ii) provisions derived from
20 any other Public Act.