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90_SB0368enr
305 ILCS 5/10-10 from Ch. 23, par. 10-10
305 ILCS 5/10-11 from Ch. 23, par. 10-11
750 ILCS 5/505 from Ch. 40, par. 505
750 ILCS 15/3 from Ch. 40, par. 1106
750 ILCS 15/4 from Ch. 40, par. 1107
750 ILCS 20/24 from Ch. 40, par. 1224
750 ILCS 45/14 from Ch. 40, par. 2514
Amends the Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Revised Uniform Reciprocal
Enforcement of Support Act, and the Illinois Parentage Act of
1984. Provides that a child support order shall include a
provision requiring the obligor to report to the obligee each
time the obligor obtains new employment and each time the
obligor's employment is terminated for any reason. Failure to
so report is indirect criminal contempt, with bond for any
obligor arrested for failure to report new employment being
set in the amount of the child support that should have been
paid during the period of unreported employment. Provides
the order shall also include a provision requiring that both
the obligor and obligee parent advise each other of a change
in residence within 5 days of the change.
LRB9001054SMdv
SB368 Enrolled LRB9001054SMdv
1 AN ACT regarding child support obligations.
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 Sections 10-10 and 10-11 as follows:
6 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
7 Sec. 10-10. Court enforcement; applicability also to
8 persons who are not applicants or recipients. Except where
9 the Illinois Department, by agreement, acts for the local
10 governmental unit, as provided in Section 10-3.1, local
11 governmental units shall refer to the State's Attorney or to
12 the proper legal representative of the governmental unit, for
13 judicial enforcement as herein provided, instances of
14 non-support or insufficient support when the dependents are
15 applicants or recipients under Article VI. The Child and
16 Spouse Support Unit established by Section 10-3.1 may
17 institute in behalf of the Illinois Department any actions
18 under this Section for judicial enforcement of the support
19 liability when the dependents are (a) applicants or
20 recipients under Articles III, IV, V or VII (b) applicants or
21 recipients in a local governmental unit when the Illinois
22 Department, by agreement, acts for the unit; or (c)
23 non-applicants or non-recipients who are receiving support
24 enforcement services under this Article X, as provided in
25 Section 10-1. Where the Child and Spouse Support Unit has
26 exercised its option and discretion not to apply the
27 provisions of Sections 10-3 through 10-8, the failure by the
28 Unit to apply such provisions shall not be a bar to bringing
29 an action under this Section.
30 Action shall be brought in the circuit court to obtain
31 support, or for the recovery of aid granted during the period
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1 such support was not provided, or both for the obtainment of
2 support and the recovery of the aid provided. Actions for
3 the recovery of aid may be taken separately or they may be
4 consolidated with actions to obtain support. Such actions
5 may be brought in the name of the person or persons requiring
6 support, or may be brought in the name of the Illinois
7 Department or the local governmental unit, as the case
8 requires, in behalf of such persons.
9 The court may enter such orders for the payment of moneys
10 for the support of the person as may be just and equitable
11 and may direct payment thereof for such period or periods of
12 time as the circumstances require, including support for a
13 period before the date the order for support is entered. The
14 order may be entered against any or all of the defendant
15 responsible relatives and may be based upon the proportionate
16 ability of each to contribute to the person's support.
17 The Court shall determine the amount of child support
18 (including child support for a period before the date the
19 order for child support is entered) by using the guidelines
20 and standards set forth in subsection (a) of Section 505 and
21 in Section 505.2 of the Illinois Marriage and Dissolution of
22 Marriage Act. For purposes of determining the amount of child
23 support to be paid for a period before the date the order for
24 child support is entered, there is a rebuttable presumption
25 that the responsible relative's net income for that period
26 was the same as his or her net income at the time the order
27 is entered.
28 An order entered under this Section shall include a
29 provision requiring the obligor to report to the obligee and
30 to the clerk of court within 10 days each time the obligor
31 obtains new employment, and each time the obligor's
32 employment is terminated for any reason. The report shall be
33 in writing and shall, in the case of new employment, include
34 the name and address of the new employer. Failure to report
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1 new employment or the termination of current employment, if
2 coupled with nonpayment of support for a period in excess of
3 60 days, is indirect criminal contempt. For any obligor
4 arrested for failure to report new employment bond shall be
5 set in the amount of the child support that should have been
6 paid during the period of unreported employment. An order
7 entered under this Section shall also include a provision
8 requiring the obligor and obligee parents to advise each
9 other of a change in residence within 5 days of the change.
10 The Court shall determine the amount of maintenance using
11 the standards set forth in Section 504 of the Illinois
12 Marriage and Dissolution of Marriage Act.
13 Any new or existing support order entered by the court
14 under this Section shall be deemed to be a series of
15 judgments against the person obligated to pay support
16 thereunder, each such judgment to be in the amount of each
17 payment or installment of support and each such judgment to
18 be deemed entered as of the date the corresponding payment or
19 installment becomes due under the terms of the support order.
20 Each such judgment shall have the full force, effect and
21 attributes of any other judgment of this State, including the
22 ability to be enforced. Any such judgment is subject to
23 modification or termination only in accordance with Section
24 510 of the Illinois Marriage and Dissolution of Marriage Act.
25 When an order is entered for the support of a minor, the
26 court may provide therein for reasonable visitation of the
27 minor by the person or persons who provided support pursuant
28 to the order. Whoever willfully refuses to comply with such
29 visitation order or willfully interferes with its enforcement
30 may be declared in contempt of court and punished therefor.
31 Except where the local governmental unit has entered into
32 an agreement with the Illinois Department for the Child and
33 Spouse Support Unit to act for it, as provided in Section
34 10-3.1, support orders entered by the court in cases
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1 involving applicants or recipients under Article VI shall
2 provide that payments thereunder be made directly to the
3 local governmental unit. Orders for the support of all other
4 applicants or recipients shall provide that payments
5 thereunder be made directly to the Illinois Department. In
6 accordance with federal law and regulations, the Illinois
7 Department may continue to collect current maintenance
8 payments or child support payments, or both, after those
9 persons cease to receive public assistance and until
10 termination of services under Article X. The Illinois
11 Department shall pay the net amount collected to those
12 persons after deducting any costs incurred in making the
13 collection or any collection fee from the amount of any
14 recovery made. In both cases the order shall permit the
15 local governmental unit or the Illinois Department, as the
16 case may be, to direct the responsible relative or relatives
17 to make support payments directly to the needy person, or to
18 some person or agency in his behalf, upon removal of the
19 person from the public aid rolls or upon termination of
20 services under Article X.
21 If the notice of support due issued pursuant to Section
22 10-7 directs that support payments be made directly to the
23 needy person, or to some person or agency in his behalf, and
24 the recipient is removed from the public aid rolls, court
25 action may be taken against the responsible relative
26 hereunder if he fails to furnish support in accordance with
27 the terms of such notice.
28 Actions may also be brought under this Section in behalf
29 of any person who is in need of support from responsible
30 relatives, as defined in Section 2-11 of Article II who is
31 not an applicant for or recipient of financial aid under this
32 Code. In such instances, the State's Attorney of the county
33 in which such person resides shall bring action against the
34 responsible relatives hereunder. If the Illinois Department,
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1 as authorized by Section 10-1, extends the support services
2 provided by this Article to spouses and dependent children
3 who are not applicants or recipients under this Code, the
4 Child and Spouse Support Unit established by Section 10-3.1
5 shall bring action against the responsible relatives
6 hereunder and any support orders entered by the court in such
7 cases shall provide that payments thereunder be made directly
8 to the Illinois Department.
9 Whenever it is determined in a proceeding to establish or
10 enforce a child support or maintenance obligation that the
11 person owing a duty of support is unemployed, the court may
12 order the person to seek employment and report periodically
13 to the court with a diary, listing or other memorandum of his
14 or her efforts in accordance with such order. Additionally,
15 the court may order the unemployed person to report to the
16 Department of Employment Security for job search services or
17 to make application with the local Jobs Training Partnership
18 Act provider for participation in job search, training or
19 work programs and where the duty of support is owed to a
20 child receiving support services under this Article X, the
21 court may order the unemployed person to report to the
22 Illinois Department for participation in job search, training
23 or work programs established under Section 9-6 of this Code.
24 A determination under this Section shall not be
25 administratively reviewable by the procedures specified in
26 Sections 10-12, and 10-13 to 10-13.10. Any determination
27 under these Sections, if made the basis of court action under
28 this Section, shall not affect the de novo judicial
29 determination required under this Section.
30 A one-time charge of 20% is imposable upon the amount of
31 past-due child support owed on July 1, 1988 which has accrued
32 under a support order entered by the court. The charge shall
33 be imposed in accordance with the provisions of Section 10-21
34 of this Code and shall be enforced by the court upon
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1 petition.
2 An order for support entered or modified in a case in
3 which a party is receiving child and spouse support services
4 under this Article X shall include a provision requiring the
5 non-custodial parent to notify the Illinois Department,
6 within 7 days, of the name and address of any new employer of
7 the non-custodial parent, whether the non-custodial parent
8 has access to health insurance coverage through the employer
9 or other group coverage, and, if so, the policy name and
10 number and the names of persons covered under the policy.
11 An order for support shall include a date on which the
12 current support obligation terminates. The termination date
13 shall be no earlier than the date on which the child covered
14 by the order will attain the age of majority or is otherwise
15 emancipated. The order for support shall state that the
16 termination date does not apply to any arrearage that may
17 remain unpaid on that date. Nothing in this paragraph shall
18 be construed to prevent the court from modifying the order.
19 Upon notification in writing or by electronic
20 transmission from the Illinois Department to the clerk of the
21 court that a person who is receiving support payments under
22 this Section is receiving services under the Child Support
23 Enforcement Program established by Title IV-D of the Social
24 Security Act, any support payments subsequently received by
25 the clerk of the court shall be transmitted in accordance
26 with the instructions of the Illinois Department until the
27 Illinois Department gives notice to the clerk of the court to
28 cease the transmittal. After providing the notification
29 authorized under this paragraph, the Illinois Department
30 shall be entitled as a party to notice of any further
31 proceedings in the case. The clerk of the court shall file a
32 copy of the Illinois Department's notification in the court
33 file. The clerk's failure to file a copy of the
34 notification in the court file shall not, however, affect the
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1 Illinois Department's right to receive notice of further
2 proceedings.
3 Payments under this Section to the Illinois Department
4 pursuant to the Child Support Enforcement Program established
5 by Title IV-D of the Social Security Act shall be paid into
6 the Child Support Enforcement Trust Fund. All other payments
7 under this Section to the Illinois Department shall be
8 deposited in the Public Assistance Recoveries Trust Fund.
9 Disbursements from these funds shall be as provided in
10 Sections 12-9 and 12-10.2 of this Code. Payments received by
11 a local governmental unit shall be deposited in that unit's
12 General Assistance Fund.
13 (Source: P.A. 88-307; 88-687, eff. 1-24-95.)
14 (305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
15 Sec. 10-11. Administrative Orders. In lieu of actions
16 for court enforcement of support under Section 10-10, the
17 Child and Spouse Support Unit of the Illinois Department, in
18 accordance with the rules of the Illinois Department, may
19 issue an administrative order requiring the responsible
20 relative to comply with the terms of the determination and
21 notice of support due, determined and issued under Sections
22 10-6 and 10-7. The Unit may also enter an administrative
23 order under subsection (b) of Section 10-7. The
24 administrative order shall be served upon the responsible
25 relative by United States registered or certified mail.
26 If a responsible relative fails to petition the Illinois
27 Department for release from or modification of the
28 administrative order, as provided in Section 10-12, the order
29 shall become final and there shall be no further
30 administrative or judicial remedy. Likewise a decision by
31 the Illinois Department as a result of an administrative
32 hearing, as provided in Sections 10-13 to 10-13.10, shall
33 become final and enforceable if not judicially reviewed under
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1 the Administrative Review Law, as provided in Section 10-14.
2 Any new or existing support order entered by the Illinois
3 Department under this Section shall be deemed to be a series
4 of judgments against the person obligated to pay support
5 thereunder, each such judgment to be in the amount of each
6 payment or installment of support and each such judgment to
7 be deemed entered as of the date the corresponding payment or
8 installment becomes due under the terms of the support order.
9 Each such judgment shall have the full force, effect and
10 attributes of any other judgment of this State, including the
11 ability to be enforced. Any such judgment is subject to
12 modification or termination only in accordance with Section
13 510 of the Illinois Marriage and Dissolution of Marriage Act.
14 An order entered under this Section shall include a
15 provision requiring the obligor to report to the obligee and
16 to the clerk of court within 10 days each time the obligor
17 obtains new employment, and each time the obligor's
18 employment is terminated for any reason. The report shall be
19 in writing and shall, in the case of new employment, include
20 the name and address of the new employer. Failure to report
21 new employment or the termination of current employment, if
22 coupled with nonpayment of support for a period in excess of
23 60 days, is indirect criminal contempt. For any obligor
24 arrested for failure to report new employment bond shall be
25 set in the amount of the child support that should have been
26 paid during the period of unreported employment. An order
27 entered under this Section shall also include a provision
28 requiring the obligor and obligee parents to advise each
29 other of a change in residence within 5 days of the change.
30 A one-time charge of 20% is imposable upon the amount of
31 past-due child support owed on July 1, 1988, which has
32 accrued under a support order entered by the Illinois
33 Department under this Section. The charge shall be imposed
34 in accordance with the provisions of Section 10-21 and shall
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1 be enforced by the court in a suit filed under Section 10-15.
2 (Source: P.A. 85-1156.)
3 Section 10. The Illinois Marriage and Dissolution of
4 Marriage Act is amended by changing Section 505 as follows:
5 (750 ILCS 5/505) (from Ch. 40, par. 505)
6 Sec. 505. Child support; contempt; penalties.
7 (a) In a proceeding for dissolution of marriage, legal
8 separation, declaration of invalidity of marriage, a
9 proceeding for child support following dissolution of the
10 marriage by a court which lacked personal jurisdiction over
11 the absent spouse, a proceeding for modification of a
12 previous order for child support under Section 510 of this
13 Act, or any proceeding authorized under Section 501 or 601 of
14 this Act, the court may order either or both parents owing a
15 duty of support to a child of the marriage to pay an amount
16 reasonable and necessary for his support, without regard to
17 marital misconduct. The duty of support owed to a minor
18 child includes the obligation to provide for the reasonable
19 and necessary physical, mental and emotional health needs of
20 the child.
21 (1) The Court shall determine the minimum amount of
22 support by using the following guidelines:
23 Number of Children Percent of Supporting Party's
24 Net Income
25 1 20%
26 2 25%
27 3 32%
28 4 40%
29 5 45%
30 6 or more 50%
31 (2) The above guidelines shall be applied in each
32 case unless the court makes a finding that application of
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1 the guidelines would be inappropriate, after considering
2 the best interests of the child in light of evidence
3 including but not limited to one or more of the following
4 relevant factors:
5 (a) the financial resources and needs of the
6 child;
7 (b) the financial resources and needs of the
8 custodial parent;
9 (c) the standard of living the child would
10 have enjoyed had the marriage not been dissolved;
11 (d) the physical and emotional condition of
12 the child, and his educational needs; and
13 (e) the financial resources and needs of the
14 non-custodial parent.
15 If the court deviates from the guidelines, the
16 court's finding shall state the amount of support that
17 would have been required under the guidelines, if
18 determinable. The court shall include the reason or
19 reasons for the variance from the guidelines.
20 (3) "Net income" is defined as the total of all
21 income from all sources, minus the following deductions:
22 (a) Federal income tax (properly calculated
23 withholding or estimated payments);
24 (b) State income tax (properly calculated
25 withholding or estimated payments);
26 (c) Social Security (FICA payments);
27 (d) Mandatory retirement contributions
28 required by law or as a condition of employment;
29 (e) Union dues;
30 (f) Dependent and individual
31 health/hospitalization insurance premiums;
32 (g) Prior obligations of support or
33 maintenance actually paid pursuant to a court order;
34 (h) Expenditures for repayment of debts that
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1 represent reasonable and necessary expenses for the
2 production of income, medical expenditures necessary
3 to preserve life or health, reasonable expenditures
4 for the benefit of the child and the other parent,
5 exclusive of gifts. The court shall reduce net
6 income in determining the minimum amount of support
7 to be ordered only for the period that such payments
8 are due and shall enter an order containing
9 provisions for its self-executing modification upon
10 termination of such payment period.
11 (4) In cases where the court order provides for
12 health/hospitalization insurance coverage pursuant to
13 Section 505.2 of this Act, the premiums for that
14 insurance, or that portion of the premiums for which the
15 supporting party is responsible in the case of insurance
16 provided through an employer's health insurance plan
17 where the employer pays a portion of the premiums, shall
18 be subtracted from net income in determining the minimum
19 amount of support to be ordered.
20 (4.5) In a proceeding for child support following
21 dissolution of the marriage by a court that lacked
22 personal jurisdiction over the absent spouse, and in
23 which the court is requiring payment of support for the
24 period before the date an order for current support is
25 entered, there is a rebuttable presumption that the
26 supporting party's net income for the prior period was
27 the same as his or her net income at the time the order
28 for current support is entered.
29 (5) If the net income cannot be determined because
30 of default or any other reason, the court shall order
31 support in an amount considered reasonable in the
32 particular case. The final order in all cases shall
33 state the support level in dollar amounts.
34 (b) Failure of either parent to comply with an order to
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1 pay support shall be punishable as in other cases of
2 contempt. In addition to other penalties provided by law the
3 Court may, after finding the parent guilty of contempt, order
4 that the parent be:
5 (1) placed on probation with such conditions of
6 probation as the Court deems advisable;
7 (2) sentenced to periodic imprisonment for a period
8 not to exceed 6 months; provided, however, that the Court
9 may permit the parent to be released for periods of time
10 during the day or night to:
11 (A) work; or
12 (B) conduct a business or other self-employed
13 occupation.
14 The Court may further order any part or all of the
15 earnings of a parent during a sentence of periodic
16 imprisonment paid to the Clerk of the Circuit Court or to the
17 parent having custody or to the guardian having custody of
18 the minor children of the sentenced parent for the support of
19 said minor children until further order of the Court.
20 The court may also order in cases where the parent is 90
21 days or more delinquent in payment of support or has been
22 adjudicated in arrears in an amount equal to 90 days
23 obligation or more, that the parent's Illinois driving
24 privileges be suspended until the court determines that the
25 parent is in compliance with the order of support. The court
26 may also order that the parent be issued a family financial
27 responsibility driving permit that would allow limited
28 driving privileges for employment and medical purposes in
29 accordance with Section 7-702.1 of the Illinois Vehicle Code.
30 The clerk of the circuit court shall certify the order
31 suspending the driving privileges of the parent or granting
32 the issuance of a family financial responsibility driving
33 permit to the Secretary of State on forms prescribed by the
34 Secretary. Upon receipt of the authenticated documents, the
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1 Secretary of State shall suspend the parent's driving
2 privileges until further order of the court and shall, if
3 ordered by the court, subject to the provisions of Section
4 7-702.1 of the Illinois Vehicle Code, issue a family
5 financial responsibility driving permit to the parent.
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 (h) An order entered under this Section shall include a
17 provision requiring the obligor to report to the obligee and
18 to the clerk of court within 10 days each time the obligor
19 obtains new employment, and each time the obligor's
20 employment is terminated for any reason. The report shall be
21 in writing and shall, in the case of new employment, include
22 the name and address of the new employer. Failure to report
23 new employment or the termination of current employment, if
24 coupled with nonpayment of support for a period in excess of
25 60 days, is indirect criminal contempt. For any obligor
26 arrested for failure to report new employment bond shall be
27 set in the amount of the child support that should have been
28 paid during the period of unreported employment. An order
29 entered under this Section shall also include a provision
30 requiring the obligor and obligee parents to advise each
31 other of a change in residence within 5 days of the change.
32 (Source: P.A. 88-307; 88-687, eff. 1-24-95; 89-88, eff.
33 6-30-95; 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.)
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1 Section 15. The Non-Support of Spouse and Children Act
2 is amended by changing Sections 3 and 4 as follows:
3 (750 ILCS 15/3) (from Ch. 40, par. 1106)
4 Sec. 3. At any time before the trial, upon motion of the
5 State's Attorney, or of the Attorney General if the action
6 has been instituted by his office, and upon notice to the
7 defendant, or at the time of arraignment or as a condition of
8 the postponement of arraignment, the court at any time may
9 enter such temporary order as may seem just, providing for
10 the support or maintenance of the spouse or child or children
11 of the defendant, or both, pendente lite.
12 The Court shall determine the amount of child support by
13 using the guidelines and standards set forth in subsection
14 (a) of Section 505 and in Section 505.2 of the Illinois
15 Marriage and Dissolution of Marriage Act.
16 An order entered under this Section shall include a
17 provision requiring the obligor to report to the obligee and
18 to the clerk of court within 10 days each time the obligor
19 obtains new employment, and each time the obligor's
20 employment is terminated for any reason. The report shall be
21 in writing and shall, in the case of new employment, include
22 the name and address of the new employer. Failure to report
23 new employment or the termination of current employment, if
24 coupled with nonpayment of support for a period in excess of
25 60 days, is indirect criminal contempt. For any obligor
26 arrested for failure to report new employment bond shall be
27 set in the amount of the child support that should have been
28 paid during the period of unreported employment. An order
29 entered under this Section shall also include a provision
30 requiring the obligor and obligee parents to advise each
31 other of a change in residence within 5 days of the change.
32 The Court shall determine the amount of maintenance using
33 the standards set forth in Section 504 of the Illinois
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1 Marriage and Dissolution of Marriage Act.
2 The court may for violation of any order under this
3 Section punish the offender as for a contempt of court, but
4 no pendente lite order shall remain in force for a longer
5 term than 4 months, or after the discharge of any panel of
6 jurors summoned for service thereafter in such court,
7 whichever is the sooner.
8 Any new or existing support order entered by the court
9 under this Section shall be deemed to be a series of
10 judgments against the person obligated to pay support
11 thereunder, each such judgment to be in the amount of each
12 payment or installment of support and each such judgment to
13 be deemed entered as of the date the corresponding payment or
14 installment becomes due under the terms of the support order.
15 Each such judgment shall have the full force, effect and
16 attributes of any other judgment of this State, including the
17 ability to be enforced. Any such judgment is subject to
18 modification or termination only in accordance with Section
19 510 of the Illinois Marriage and Dissolution of Marriage Act.
20 A one-time interest charge of 20% is imposable upon the
21 amount of past-due child support owed on July 1, 1988 which
22 has accrued under a support order entered by the court. The
23 charge shall be imposed in accordance with the provisions of
24 Section 10-21 of the Illinois Public Aid Code and shall be
25 enforced by the court upon petition.
26 An order for support entered or modified in a case in
27 which a party is receiving child and spouse support services
28 under Article X of the Illinois Public Aid Code shall include
29 a provision requiring the non-custodial parent to notify the
30 Illinois Department of Public Aid, within 7 days, of the name
31 and address of any new employer of the non-custodial parent,
32 whether the non-custodial parent has access to health
33 insurance coverage through the employer or other group
34 coverage, and, if so, the policy name and number and the
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1 names of persons covered under the policy.
2 An order for support shall include a date on which the
3 current support obligation terminates. The termination date
4 shall be no earlier than the date on which the child covered
5 by the order will attain the age of majority or is otherwise
6 emancipated. The order for support shall state that the
7 termination date does not apply to any arrearage that may
8 remain unpaid on that date. Nothing in this paragraph shall
9 be construed to prevent the court from modifying the order.
10 (Source: P.A. 88-307.)
11 (750 ILCS 15/4) (from Ch. 40, par. 1107)
12 Sec. 4. Whenever a fine is imposed it may be directed by
13 the court to be paid, in whole or in part, to the spouse, or
14 if the support of a minor child or children is involved, to
15 the clerk, probation officer, the Court Service Division of
16 the County Department of Public Aid in counties of 3 million
17 or more population or to the Illinois Department of Public
18 Aid or a local governmental unit if a recipient of public aid
19 is involved, in accordance with Section 2.1, as the case
20 requires, to be disbursed by such officers, agency or
21 governmental unit under the terms of the order. However,
22 before the trial with the consent of the defendant, or at the
23 trial on entry of a plea of guilty, or after conviction,
24 instead of imposing the penalty provided in this Act, or in
25 addition thereto, the court in its discretion, having regard
26 to the circumstances and the financial ability or earning
27 capacity of the defendant, may make an order, subject to
28 change by the court from time to time as circumstances may
29 require, directing the defendant to pay a certain sum
30 periodically for a term not exceeding 3 years to the spouse
31 or, if the support of a minor child or children is involved,
32 to the clerk, probation officer, the Court Service Division
33 of the County Department of Public Aid in counties of 3
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1 million or more population or to the Illinois Department of
2 Public Aid or a local governmental unit if a recipient of
3 public aid is involved in accordance with Section 2.1, as the
4 case requires, to be disbursed by such officers, agency or
5 governmental unit under the terms of the order.
6 The Court shall determine the amount of child support by
7 using the standards set forth in subsection (a) of Section
8 505 and in Section 505.2 of the Illinois Marriage and
9 Dissolution of Marriage Act.
10 An order entered under this Section shall include a
11 provision requiring the obligor to report to the obligee and
12 to the clerk of court within 10 days each time the obligor
13 obtains new employment, and each time the obligor's
14 employment is terminated for any reason. The report shall be
15 in writing and shall, in the case of new employment, include
16 the name and address of the new employer. Failure to report
17 new employment or the termination of current employment, if
18 coupled with nonpayment of support for a period in excess of
19 60 days, is indirect criminal contempt. For any obligor
20 arrested for failure to report new employment bond shall be
21 set in the amount of the child support that should have been
22 paid during the period of unreported employment. An order
23 entered under this Section shall also include a provision
24 requiring the obligor and obligee parents to advise each
25 other of a change in residence within 5 days of the change.
26 The Court shall determine the amount of maintenance using
27 the standards set forth in Section 504 of the Illinois
28 Marriage and Dissolution of Marriage Act.
29 The court may also relieve the defendant from custody on
30 probation for the period fixed in the order or judgment upon
31 his or her entering into a recognizance, with or without
32 surety, in such sum as the court orders and approves. The
33 condition of the recognizance shall be such that if the
34 defendant makes his or her personal appearance in court
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1 whenever ordered to do so by the court, during such period as
2 may be so fixed, and further complies with the terms of the
3 order of support, or of any subsequent modification thereof,
4 then the recognizance shall be void; otherwise in full force
5 and effect.
6 Any new or existing support order entered by the court
7 under this Section shall be deemed to be a series of
8 judgments against the person obligated to pay support
9 thereunder, each such judgment to be in the amount of each
10 payment or installment of support and each such judgment to
11 be deemed entered as of the date the corresponding payment or
12 installment becomes due under the terms of the support order.
13 Each such judgment shall have the full force, effect and
14 attributes of any other judgment of this State, including the
15 ability to be enforced. Any such judgment is subject to
16 modification or termination only in accordance with Section
17 510 of the Illinois Marriage and Dissolution of Marriage Act.
18 A one-time charge of 20% is imposable upon the amount of
19 past-due child support owed on July 1, 1988 which has accrued
20 under a support order entered by the court. The charge shall
21 be imposed in accordance with the provisions of Section 10-21
22 of the Illinois Public Aid Code and shall be enforced by the
23 court upon petition.
24 An order for support entered or modified in a case in
25 which a party is receiving child and spouse support services
26 under Article X of the Illinois Public Aid Code shall include
27 a provision requiring the non-custodial parent to notify the
28 Illinois Department of Public Aid, within 7 days, of the name
29 and address of any new employer of the non-custodial parent,
30 whether the non-custodial parent has access to health
31 insurance coverage through the employer or other group
32 coverage, and, if so, the policy name and number and the
33 names of persons covered under the policy.
34 An order for support shall include a date on which the
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1 current support obligation terminates. The termination date
2 shall be no earlier than the date on which the child covered
3 by the order will attain the age of majority or is otherwise
4 emancipated. The order for support shall state that the
5 termination date does not apply to any arrearage that may
6 remain unpaid on that date. Nothing in this paragraph shall
7 be construed to prevent the court from modifying the order.
8 (Source: P.A. 88-307.)
9 Section 20. The Revised Uniform Reciprocal Enforcement
10 of Support Act is amended by changing Section 24 as follows:
11 (750 ILCS 20/24) (from Ch. 40, par. 1224)
12 Sec. 24. Order of Support. If the responding court finds
13 a duty of support it may order the obligor to furnish support
14 or reimbursement therefor and subject the property of the
15 obligor to the order.
16 Any new or existing support order entered by a court or
17 administrative body of this or any other State shall be
18 deemed to be a series of judgments against the person
19 obligated to pay support thereunder, each such judgment to be
20 in the amount of each payment or installment of support and
21 each such judgment to be deemed entered as of the date the
22 corresponding payment or installment becomes due under the
23 terms of the support order. Each such judgment shall:
24 (1) have the full force, effect, and attributes of
25 any other judgment of such State, including the ability
26 to be enforced;
27 (2) be entitled as a judgment to full faith and
28 credit in this and any other State; and
29 (3) not be subject to retroactive modification by
30 this or any other State; except that modification is
31 permitted with respect to any period during which there
32 is pending a petition for modification, but only from the
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1 date that notice of such petition has been given in
2 accordance with law.
3 Where the terms of a support order entered by a court or
4 administrative body of this or any other State are subject to
5 modification, or where action is not based upon such order,
6 the Illinois court shall determine the amount of maintenance
7 or child support by using the guidelines and standards set
8 forth in Section 504, or in subsection (a) of Section 505 and
9 in Section 505.2 of the Illinois Marriage and Dissolution of
10 Marriage Act, respectively.
11 When no prior support order exists, but the court finds a
12 duty of support and enters an order for current support, the
13 court may enter an order for payment of support for a period
14 before the date the order for current support is entered.
15 Support for the prior period shall be determined by using the
16 guidelines and standards set forth in Section 504, or in
17 subsection (a) of Section 505, and in Section 505.2 of the
18 Illinois Marriage and Dissolution of Marriage Act. For
19 purposes of determining the amount of support to be paid for
20 the prior period, there is a rebuttable presumption that the
21 obligor's net income for that period was the same as his or
22 her net income at the time the order for current support is
23 entered.
24 Support orders made pursuant to this Act shall require
25 that payments be made to the clerk of the court of the
26 responding state. The court and prosecuting attorney of any
27 county in which the obligor is present or has property have
28 the same powers and duties to enforce the order as have those
29 of the county in which it was first issued. If enforcement is
30 impossible or cannot be completed in the county in which the
31 order was issued, the prosecuting attorney shall send a
32 certified copy of the order to the prosecuting attorney of
33 any county in which it appears that proceedings to enforce
34 the order would be effective. The prosecuting attorney to
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1 whom the certified copy of the order is forwarded shall
2 proceed with enforcement and report the results of the
3 proceedings to the court first issuing the order.
4 An order entered under this Section shall include a
5 provision requiring the obligor to report to the obligee and
6 to the clerk of court within 10 days each time the obligor
7 obtains new employment, and each time the obligor's
8 employment is terminated for any reason. The report shall be
9 in writing and shall, in the case of new employment, include
10 the name and address of the new employer. Failure to report
11 new employment or the termination of current employment, if
12 coupled with nonpayment of support for a period in excess of
13 60 days, is indirect criminal contempt. For any obligor
14 arrested for failure to report new employment bond shall be
15 set in the amount of the child support that should have been
16 paid during the period of unreported employment. An order
17 entered under this Section shall also include a provision
18 requiring the obligor and obligee parents to advise each
19 other of a change in residence within 5 days of the change.
20 A one-time charge of 20% is imposable upon the amount of
21 past-due child support owed on July 1, 1988 which has accrued
22 under a support order entered by the court. The charge shall
23 be imposed in accordance with the provisions of Section 10-21
24 of the Illinois Public Aid Code and shall be enforced by the
25 court upon petition.
26 A court or administrative body of this State may modify a
27 support order of another state only if that other state no
28 longer has continuing, exclusive jurisdiction of the
29 proceeding in which the support order was entered. The order
30 must be registered under Section 609 of the Uniform
31 Interstate Family Support Act and may be modified only if
32 permitted under Section 611 of the Uniform Interstate Family
33 Support Act.
34 An order for support entered or modified in a case in
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1 which a party is receiving child and spouse support services
2 under Article X of the Illinois Public Aid Code shall include
3 a provision requiring the non-custodial parent to notify the
4 Illinois Department of Public Aid, within 7 days, of the name
5 and address of any new employer of the non-custodial parent,
6 whether the non-custodial parent has access to health
7 insurance coverage through the employer or other group
8 coverage, and, if so, the policy name and number and the
9 names of persons covered under the policy.
10 An order for support shall include a date on which the
11 current support obligation terminates. The termination date
12 shall be no earlier than the date on which the child covered
13 by the order will attain the age of majority or is otherwise
14 emancipated. The order for support shall state that the
15 termination date does not apply to any arrearage that may
16 remain unpaid on that date. Nothing in this paragraph shall
17 be construed to prevent the court from modifying the order.
18 (Source: P.A. 88-307; 88-550 (eff. date changed from 1-1-95
19 to 1-1-96 on 1-24-95 by P.A. 88-691); 88-687, eff. 1-24-95.)
20 Section 25. The Illinois Parentage Act of 1984 is
21 amended by changing Section 14 as follows:
22 (750 ILCS 45/14) (from Ch. 40, par. 2514)
23 Sec. 14. Judgment.
24 (a) (1) The judgment shall contain or explicitly reserve
25 provisions concerning any duty and amount of child support
26 and may contain provisions concerning the custody and
27 guardianship of the child, visitation privileges with the
28 child, the furnishing of bond or other security for the
29 payment of the judgment, which the court shall determine in
30 accordance with the relevant factors set forth in the
31 Illinois Marriage and Dissolution of Marriage Act and any
32 other applicable law of Illinois, to guide the court in a
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1 finding in the best interests of the child. In determining
2 custody, joint custody, or visitation, the court shall apply
3 the relevant standards of the Illinois Marriage and
4 Dissolution of Marriage Act. Specifically, in determining the
5 amount of any child support award, the court shall use the
6 guidelines and standards set forth in subsection (a) of
7 Section 505 and in Section 505.2 of the Illinois Marriage and
8 Dissolution of Marriage Act. For purposes of Section 505 of
9 the Illinois Marriage and Dissolution of Marriage Act, "net
10 income" of the non-custodial parent shall include any
11 benefits available to that person under the Illinois Public
12 Aid Code or from other federal, State or local
13 government-funded programs. The court shall, in any event
14 and regardless of the amount of the non-custodial parent's
15 net income, in its judgment order the non-custodial parent to
16 pay child support to the custodial parent in a minimum amount
17 of not less than $10 per month. In an action brought within
18 2 years after a child's birth, the judgment or order may
19 direct either parent to pay the reasonable expenses incurred
20 by either parent related to the mother's pregnancy and the
21 delivery of the child. The judgment or order shall contain
22 the father's social security number, which the father shall
23 disclose to the court.
24 (2) If a judgment of parentage contains no explicit
25 award of custody, the establishment of a support obligation
26 or of visitation rights in one parent shall be considered a
27 judgment granting custody to the other parent. If the
28 parentage judgment contains no such provisions, custody shall
29 be presumed to be with the mother; however, the presumption
30 shall not apply if the father has had physical custody for at
31 least 6 months prior to the date that the mother seeks to
32 enforce custodial rights.
33 (b) The court shall order all child support payments,
34 determined in accordance with such guidelines, to commence
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1 with the date summons is served. The level of current
2 periodic support payments shall not be reduced because of
3 payments set for the period prior to the date of entry of the
4 support order. The Court may order any child support
5 payments to be made for a period prior to the commencement of
6 the action. In determining whether and the extent to which
7 the payments shall be made for any prior period, the court
8 shall consider all relevant facts, including the factors for
9 determining the amount of support specified in the Illinois
10 Marriage and Dissolution of Marriage Act and other equitable
11 factors including but not limited to:
12 (1) The father's prior knowledge of the fact and
13 circumstances of the child's birth.
14 (2) The father's prior willingness or refusal to
15 help raise or support the child.
16 (3) The extent to which the mother or the public
17 agency bringing the action previously informed the father
18 of the child's needs or attempted to seek or require his
19 help in raising or supporting the child.
20 (4) The reasons the mother or the public agency did
21 not file the action earlier.
22 (5) The extent to which the father would be
23 prejudiced by the delay in bringing the action.
24 For purposes of determining the amount of child support
25 to be paid for any period before the date the order for
26 current child support is entered, there is a rebuttable
27 presumption that the father's net income for the prior period
28 was the same as his net income at the time the order for
29 current child support is entered.
30 (c) Any new or existing support order entered by the
31 court under this Section shall be deemed to be a series of
32 judgments against the person obligated to pay support
33 thereunder, each judgment to be in the amount of each payment
34 or installment of support and each such judgment to be deemed
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1 entered as of the date the corresponding payment or
2 installment becomes due under the terms of the support order.
3 Each judgment shall have the full force, effect and
4 attributes of any other judgment of this State, including the
5 ability to be enforced.
6 (d) If the judgment or order of the court is at variance
7 with the child's birth certificate, the court shall order
8 that a new birth certificate be issued under the Vital
9 Records Act.
10 (e) On request of the mother and the father, the court
11 shall order a change in the child's name. After hearing
12 evidence the court may stay payment of support during the
13 period of the father's minority or period of disability.
14 (f) If, upon proper service, the father fails to appear
15 in court, or otherwise appear as provided by law, the court
16 may proceed to hear the cause upon testimony of the mother or
17 other parties taken in open court and shall enter a judgment
18 by default. The court may reserve any order as to the amount
19 of child support until the father has received notice, by
20 regular mail, of a hearing on the matter.
21 (g) A one-time charge of 20% is imposable upon the
22 amount of past-due child support owed on July 1, 1988 which
23 has accrued under a support order entered by the court. The
24 charge shall be imposed in accordance with the provisions of
25 Section 10-21 of the Illinois Public Aid Code and shall be
26 enforced by the court upon petition.
27 (h) An order for support entered or modified in a case
28 in which a party is receiving child and spouse support
29 services under Article X of the Illinois Public Aid Code
30 shall include a provision requiring the non-custodial parent
31 to notify the Illinois Department of Public Aid, within 7
32 days, of the name and address of any new employer of the
33 non-custodial parent, whether the non-custodial parent has
34 access to health insurance coverage through the employer or
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1 other group coverage, and, if so, the policy name and number
2 and the names of persons covered under the policy.
3 (i) An order for support shall include a date on which
4 the current support obligation terminates. The termination
5 date shall be no earlier than the date on which the child
6 covered by the order will attain the age of majority or is
7 otherwise emancipated. The order for support shall state
8 that the termination date does not apply to any arrearage
9 that may remain unpaid on that date. Nothing in this
10 subsection shall be construed to prevent the court from
11 modifying the order.
12 (j) An order entered under this Section shall include a
13 provision requiring the obligor to report to the obligee and
14 to the clerk of court within 10 days each time the obligor
15 obtains new employment, and each time the obligor's
16 employment is terminated for any reason. The report shall be
17 in writing and shall, in the case of new employment, include
18 the name and address of the new employer. Failure to report
19 new employment or the termination of current employment, if
20 coupled with nonpayment of support for a period in excess of
21 60 days, is indirect criminal contempt. For any obligor
22 arrested for failure to report new employment bond shall be
23 set in the amount of the child support that should have been
24 paid during the period of unreported employment. An order
25 entered under this Section shall also include a provision
26 requiring the obligor and obligee parents to advise each
27 other of a change in residence within 5 days of the change.
28 (Source: P.A. 88-307; 88-538; 88-687, eff. 1-24-95.)