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91_HB2232
LRB9104300SMdvA
1 AN ACT regarding accounting for child support expenses.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Public Aid Code is amended by
5 adding Section 10-16.5 as follows:
6 (305 ILCS 5/10-16.5 new)
7 Sec. 10-16.5. Child support accounting.
8 (a) Upon entering an order for the support of a minor
9 child or at any subsequent time, upon motion of the party
10 obligated to make support payments or on its own motion, the
11 court may order, if it is in the best interest of the minor
12 child on whose behalf support payments are ordered, the
13 custodial parent to provide an accounting of expenditures of
14 support funds on behalf of the minor child to the court and
15 serve a copy of the accounting upon the party obligated to
16 pay support or that party's attorney. The accounting shall
17 be recorded on forms provided by the Administrative Office of
18 the Illinois Courts.
19 (b) In accounting for general household expenditures
20 (e.g. mortgage, rent, utilities) made on behalf of the child,
21 the custodial parent shall attribute as an expenditure for
22 the child an amount which may be no more than the percentage
23 equivalence that the child on whose behalf support is
24 received is to the total number of people in the household
25 (e.g. if the child is one of 4 household members, support
26 payments may be used to pay, at most, 25% of the monthly
27 mortgage payment).
28 (c) The court may order the custodial parent to produce
29 receipts and other documentation verifying the expenses
30 reported.
31 (d) If the court, after hearing upon motion by the party
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1 obligated to pay support or by the State, or on its own
2 motion, finds the expenditure of support funds by the
3 custodial parent is contrary to the best interests of the
4 child, the court may enter such orders as are necessary to
5 ensure that the funds are expended in the best interest of
6 the child.
7 Section 10. The Illinois Marriage and Dissolution of
8 Marriage Act is amended by changing Sections 505 and 608 as
9 follows:
10 (750 ILCS 5/505) (from Ch. 40, par. 505)
11 Sec. 505. Child support; contempt; penalties.
12 (a) In a proceeding for dissolution of marriage, legal
13 separation, declaration of invalidity of marriage, a
14 proceeding for child support following dissolution of the
15 marriage by a court which lacked personal jurisdiction over
16 the absent spouse, a proceeding for modification of a
17 previous order for child support under Section 510 of this
18 Act, or any proceeding authorized under Section 501 or 601 of
19 this Act, the court may order either or both parents owing a
20 duty of support to a child of the marriage to pay an amount
21 reasonable and necessary for his support, without regard to
22 marital misconduct. The duty of support owed to a minor
23 child includes the obligation to provide for the reasonable
24 and necessary physical, mental and emotional health needs of
25 the child.
26 (1) The Court shall determine the minimum amount of
27 support by using the following guidelines:
28 Number of Children Percent of Supporting Party's
29 Net Income
30 1 20%
31 2 25%
32 3 32%
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1 4 40%
2 5 45%
3 6 or more 50%
4 (2) The above guidelines shall be applied in each
5 case unless the court makes a finding that application of
6 the guidelines would be inappropriate, after considering
7 the best interests of the child in light of evidence
8 including but not limited to one or more of the following
9 relevant factors:
10 (a) the financial resources and needs of the
11 child;
12 (b) the financial resources and needs of the
13 custodial parent;
14 (c) the standard of living the child would
15 have enjoyed had the marriage not been dissolved;
16 (d) the physical and emotional condition of
17 the child, and his educational needs; and
18 (e) the financial resources and needs of the
19 non-custodial parent.
20 If the court deviates from the guidelines, the
21 court's finding shall state the amount of support that
22 would have been required under the guidelines, if
23 determinable. The court shall include the reason or
24 reasons for the variance from the guidelines.
25 (3) "Net income" is defined as the total of all
26 income from all sources, minus the following deductions:
27 (a) Federal income tax (properly calculated
28 withholding or estimated payments);
29 (b) State income tax (properly calculated
30 withholding or estimated payments);
31 (c) Social Security (FICA payments);
32 (d) Mandatory retirement contributions
33 required by law or as a condition of employment;
34 (e) Union dues;
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1 (f) Dependent and individual
2 health/hospitalization insurance premiums;
3 (g) Prior obligations of support or
4 maintenance actually paid pursuant to a court order;
5 (h) Expenditures for repayment of debts that
6 represent reasonable and necessary expenses for the
7 production of income, medical expenditures necessary
8 to preserve life or health, reasonable expenditures
9 for the benefit of the child and the other parent,
10 exclusive of gifts. The court shall reduce net
11 income in determining the minimum amount of support
12 to be ordered only for the period that such payments
13 are due and shall enter an order containing
14 provisions for its self-executing modification upon
15 termination of such payment period.
16 (4) In cases where the court order provides for
17 health/hospitalization insurance coverage pursuant to
18 Section 505.2 of this Act, the premiums for that
19 insurance, or that portion of the premiums for which the
20 supporting party is responsible in the case of insurance
21 provided through an employer's health insurance plan
22 where the employer pays a portion of the premiums, shall
23 be subtracted from net income in determining the minimum
24 amount of support to be ordered.
25 (4.5) In a proceeding for child support following
26 dissolution of the marriage by a court that lacked
27 personal jurisdiction over the absent spouse, and in
28 which the court is requiring payment of support for the
29 period before the date an order for current support is
30 entered, there is a rebuttable presumption that the
31 supporting party's net income for the prior period was
32 the same as his or her net income at the time the order
33 for current support is entered.
34 (5) If the net income cannot be determined because
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1 of default or any other reason, the court shall order
2 support in an amount considered reasonable in the
3 particular case. The final order in all cases shall
4 state the support level in dollar amounts.
5 (b) Failure of either parent to comply with an order to
6 pay support shall be punishable as in other cases of
7 contempt. In addition to other penalties provided by law the
8 Court may, after finding the parent guilty of contempt, order
9 that the parent be:
10 (1) placed on probation with such conditions of
11 probation as the Court deems advisable;
12 (2) sentenced to periodic imprisonment for a period
13 not to exceed 6 months; provided, however, that the Court
14 may permit the parent to be released for periods of time
15 during the day or night to:
16 (A) work; or
17 (B) conduct a business or other self-employed
18 occupation.
19 The Court may further order any part or all of the
20 earnings of a parent during a sentence of periodic
21 imprisonment paid to the Clerk of the Circuit Court or to the
22 parent having custody or to the guardian having custody of
23 the minor children of the sentenced parent for the support of
24 said minor children until further order of the Court.
25 If there is a unity of interest and ownership sufficient
26 to render no financial separation between a non-custodial
27 parent and another person or persons or business entity, the
28 court may pierce the ownership veil of the person, persons,
29 or business entity to discover assets of the non-custodial
30 parent held in the name of that person, those persons, or
31 that business entity. The following circumstances are
32 sufficient to authorize a court to order discovery of the
33 assets of a person, persons, or business entity and to compel
34 the application of any discovered assets toward payment on
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1 the judgment for support:
2 (1) the non-custodial parent and the person,
3 persons, or business entity maintain records together.
4 (2) the non-custodial parent and the person,
5 persons, or business entity fail to maintain an arms
6 length relationship between themselves with regard to any
7 assets.
8 (3) the non-custodial parent transfers assets to
9 the person, persons, or business entity with the intent
10 to perpetrate a fraud on the custodial parent.
11 With respect to assets which are real property, no order
12 entered under this paragraph shall affect the rights of bona
13 fide purchasers, mortgagees, judgment creditors, or other
14 lien holders who acquire their interests in the property
15 prior to the time a notice of lis pendens pursuant to the
16 Code of Civil Procedure or a copy of the order is placed of
17 record in the office of the recorder of deeds for the county
18 in which the real property is located.
19 The court may also order in cases where the parent is 90
20 days or more delinquent in payment of support or has been
21 adjudicated in arrears in an amount equal to 90 days
22 obligation or more, that the parent's Illinois driving
23 privileges be suspended until the court determines that the
24 parent is in compliance with the order of support. The court
25 may also order that the parent be issued a family financial
26 responsibility driving permit that would allow limited
27 driving privileges for employment and medical purposes in
28 accordance with Section 7-702.1 of the Illinois Vehicle Code.
29 The clerk of the circuit court shall certify the order
30 suspending the driving privileges of the parent or granting
31 the issuance of a family financial responsibility driving
32 permit to the Secretary of State on forms prescribed by the
33 Secretary. Upon receipt of the authenticated documents, the
34 Secretary of State shall suspend the parent's driving
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1 privileges until further order of the court and shall, if
2 ordered by the court, subject to the provisions of Section
3 7-702.1 of the Illinois Vehicle Code, issue a family
4 financial responsibility driving permit to the parent.
5 In addition to the penalties or punishment that may be
6 imposed under this Section, any person whose conduct
7 constitutes a violation of Section 1 of the Non-Support of
8 Spouse and Children Act may be prosecuted under that Section,
9 and a person convicted under that Section may be sentenced in
10 accordance with that Section. The sentence may include but
11 need not be limited to a requirement that the person perform
12 community service under subsection (b) of that Section or
13 participate in a work alternative program under subsection
14 (c) of that Section. A person may not be required to
15 participate in a work alternative program under subsection
16 (c) of that Section if the person is currently participating
17 in a work program pursuant to Section 505.1 of this Act.
18 (c) A one-time charge of 20% is imposable upon the
19 amount of past-due child support owed on July 1, 1988 which
20 has accrued under a support order entered by the court. The
21 charge shall be imposed in accordance with the provisions of
22 Section 10-21 of the Illinois Public Aid Code and shall be
23 enforced by the court upon petition.
24 (d) Any new or existing support order entered by the
25 court under this Section shall be deemed to be a series of
26 judgments against the person obligated to pay support
27 thereunder, each such judgment to be in the amount of each
28 payment or installment of support and each such judgment to
29 be deemed entered as of the date the corresponding payment or
30 installment becomes due under the terms of the support order.
31 Each such judgment shall have the full force, effect and
32 attributes of any other judgment of this State, including the
33 ability to be enforced. A lien arises by operation of law
34 against the real and personal property of the noncustodial
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1 parent for each installment of overdue support owed by the
2 noncustodial parent.
3 (e) When child support is to be paid through the clerk
4 of the court in a county of 1,000,000 inhabitants or less,
5 the order shall direct the obligor to pay to the clerk, in
6 addition to the child support payments, all fees imposed by
7 the county board under paragraph (3) of subsection (u) of
8 Section 27.1 of the Clerks of Courts Act. Unless paid in
9 cash or pursuant to an order for withholding, the payment of
10 the fee shall be by a separate instrument from the support
11 payment and shall be made to the order of the Clerk.
12 (f) All orders for support, when entered or modified,
13 shall include a provision requiring the obligor to notify the
14 court and, in cases in which a party is receiving child and
15 spouse services under Article X of the Illinois Public Aid
16 Code, the Illinois Department of Public Aid, within 7 days,
17 (i) of the name and address of any new employer of the
18 obligor, (ii) whether the obligor has access to health
19 insurance coverage through the employer or other group
20 coverage and, if so, the policy name and number and the names
21 of persons covered under the policy, and (iii) of any new
22 residential or mailing address or telephone number of the
23 non-custodial parent. In any subsequent action to enforce a
24 support order, upon a sufficient showing that a diligent
25 effort has been made to ascertain the location of the
26 non-custodial parent, service of process or provision of
27 notice necessary in the case may be made at the last known
28 address of the non-custodial parent in any manner expressly
29 provided by the Code of Civil Procedure or this Act, which
30 service shall be sufficient for purposes of due process.
31 (g) An order for support shall include a date on which
32 the current support obligation terminates. The termination
33 date shall be no earlier than the date on which the child
34 covered by the order will attain the age of majority or is
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1 otherwise emancipated. The order for support shall state that
2 the termination date does not apply to any arrearage that may
3 remain unpaid on that date. Nothing in this subsection shall
4 be construed to prevent the court from modifying the order.
5 (h) An order entered under this Section shall include a
6 provision requiring the obligor to report to the obligee and
7 to the clerk of court within 10 days each time the obligor
8 obtains new employment, and each time the obligor's
9 employment is terminated for any reason. The report shall be
10 in writing and shall, in the case of new employment, include
11 the name and address of the new employer. Failure to report
12 new employment or the termination of current employment, if
13 coupled with nonpayment of support for a period in excess of
14 60 days, is indirect criminal contempt. For any obligor
15 arrested for failure to report new employment bond shall be
16 set in the amount of the child support that should have been
17 paid during the period of unreported employment. An order
18 entered under this Section shall also include a provision
19 requiring the obligor and obligee parents to advise each
20 other of a change in residence within 5 days of the change
21 except when the court finds that the physical, mental, or
22 emotional health of a party or that of a minor child, or
23 both, would be seriously endangered by disclosure of the
24 party's address.
25 (i) (1) Upon entering an order for the support of a
26 minor child or at any subsequent time, upon motion of the
27 noncustodial parent or on its own motion, the court may
28 order, if it is in the best interest of the minor child on
29 whose behalf support payments are ordered, the custodial
30 parent to provide an accounting of expenditures of support
31 funds on behalf of the minor child to the court and serve a
32 copy of the accounting upon the noncustodial parent or that
33 party's attorney. The accounting shall be recorded on forms
34 provided by the Administrative Office of the Illinois Courts.
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1 (2) In accounting for general household expenditures
2 (e.g. mortgage, rent, utilities) made on behalf of the child,
3 the custodial parent shall attribute as an expenditure for
4 the child an amount which may be no more than the percentage
5 equivalence that the child on whose behalf support is
6 received is to the total number of people in the household
7 (e.g. if the child is one of 4 household members, support
8 payments may be used to pay, at most, 25% of the monthly
9 mortgage payment).
10 (3) The court may order the custodial parent to produce
11 receipts and other documentation verifying the expenses
12 reported.
13 (4) The court may use its authority under Section 608 to
14 ensure that support funds are expended in the best interest
15 of the child.
16 (Source: P.A. 89-88, eff. 6-30-95; 89-92, eff. 7-1-96;
17 89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
18 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-733, eff.
19 8-11-98.)
20 (750 ILCS 5/608) (from Ch. 40, par. 608)
21 Sec. 608. Judicial Supervision.
22 (a) Except as otherwise agreed by the parties in writing
23 at the time of the custody judgment or as otherwise ordered
24 by the court, the custodian may determine the child's
25 upbringing, including but not limited to, his education,
26 health care and religious training, as well as how to expend
27 child support funds received from the noncustodial parent,
28 unless the court, after hearing, finds, upon motion by the
29 noncustodial parent, that the absence of a specific
30 limitation of the custodian's authority would clearly be
31 contrary to the best interests of the child.
32 (b) If both parents or all contestants agree to the
33 order, or if the court finds that in the absence of agreement
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1 the child's physical health would be endangered or his
2 emotional development significantly impaired, the court may
3 order the Department of Children and Family Services to
4 exercise continuing supervision over the case to assure that
5 the custodial or visitation terms of the judgment are carried
6 out. Supervision shall be carried out under the provisions of
7 Section 5 of the Children and Family Services Act.
8 (Source: P.A. 87-824.)
9 Section 15. The Non-Support of Spouse and Children Act
10 is amended by adding Section 4.3 as follows:
11 (750 ILCS 15/4.3 new)
12 Sec. 4.3. Child support accounting.
13 (a) Upon entering an order for the support of a minor
14 child or at any subsequent time, upon motion of the party
15 obligated to make support payments or on its own motion, the
16 court may order, if it is in the best interest of the minor
17 child on whose behalf support payments are ordered, the
18 custodial parent to provide an accounting of expenditures of
19 support funds on behalf of the minor child to the court and
20 serve a copy of the accounting upon the party obligated to
21 pay support or that party's attorney. The accounting shall
22 be recorded on forms provided by the Administrative Office of
23 the Illinois Courts.
24 (b) In accounting for general household expenditures
25 (e.g. mortgage, rent, utilities) made on behalf of the child,
26 the custodial parent shall attribute as an expenditure for
27 the child an amount which may be no more than the percentage
28 equivalence that the child on whose behalf support is
29 received is to the total number of people in the household
30 (e.g. if the child is one of 4 household members, support
31 payments may be used to pay, at most, 25% of the monthly
32 mortgage payment).
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1 (c) The court may order the custodial parent to produce
2 receipts and other documentation verifying the expenses
3 reported.
4 (d) If the court, after hearing upon motion by the party
5 obligated to pay support or on its own motion, finds the
6 expenditure of support funds by the custodial parent is
7 contrary to the best interest of the child, the court may
8 enter such orders as are necessary to ensure that the funds
9 are expended in the best interest of the child.
10 Section 20. The Illinois Parentage Act of 1984 is
11 amended by changing Section 14 as follows:
12 (750 ILCS 45/14) (from Ch. 40, par. 2514)
13 Sec. 14. Judgment.
14 (a) (1) The judgment shall contain or explicitly reserve
15 provisions concerning any duty and amount of child support
16 and may contain provisions concerning the custody and
17 guardianship of the child, visitation privileges with the
18 child, the furnishing of bond or other security for the
19 payment of the judgment, which the court shall determine in
20 accordance with the relevant factors set forth in the
21 Illinois Marriage and Dissolution of Marriage Act and any
22 other applicable law of Illinois, to guide the court in a
23 finding in the best interests of the child. In determining
24 custody, joint custody, or visitation, the court shall apply
25 the relevant standards of the Illinois Marriage and
26 Dissolution of Marriage Act. Specifically, in determining the
27 amount of any child support award, the court shall use the
28 guidelines and standards set forth in subsection (a) of
29 Section 505 and in Section 505.2 of the Illinois Marriage and
30 Dissolution of Marriage Act. For purposes of Section 505 of
31 the Illinois Marriage and Dissolution of Marriage Act, "net
32 income" of the non-custodial parent shall include any
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1 benefits available to that person under the Illinois Public
2 Aid Code or from other federal, State or local
3 government-funded programs. The court shall, in any event
4 and regardless of the amount of the non-custodial parent's
5 net income, in its judgment order the non-custodial parent to
6 pay child support to the custodial parent in a minimum amount
7 of not less than $10 per month. In an action brought within 2
8 years after a child's birth, the judgment or order may direct
9 either parent to pay the reasonable expenses incurred by
10 either parent related to the mother's pregnancy and the
11 delivery of the child. The judgment or order shall contain
12 the father's social security number, which the father shall
13 disclose to the court; however, failure to include the
14 father's social security number on the judgment or order does
15 not invalidate the judgment or order.
16 (2) If a judgment of parentage contains no explicit
17 award of custody, the establishment of a support obligation
18 or of visitation rights in one parent shall be considered a
19 judgment granting custody to the other parent. If the
20 parentage judgment contains no such provisions, custody shall
21 be presumed to be with the mother; however, the presumption
22 shall not apply if the father has had physical custody for at
23 least 6 months prior to the date that the mother seeks to
24 enforce custodial rights.
25 (b) The court shall order all child support payments,
26 determined in accordance with such guidelines, to commence
27 with the date summons is served. The level of current
28 periodic support payments shall not be reduced because of
29 payments set for the period prior to the date of entry of the
30 support order. The Court may order any child support
31 payments to be made for a period prior to the commencement of
32 the action. In determining whether and the extent to which
33 the payments shall be made for any prior period, the court
34 shall consider all relevant facts, including the factors for
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1 determining the amount of support specified in the Illinois
2 Marriage and Dissolution of Marriage Act and other equitable
3 factors including but not limited to:
4 (1) The father's prior knowledge of the fact and
5 circumstances of the child's birth.
6 (2) The father's prior willingness or refusal to
7 help raise or support the child.
8 (3) The extent to which the mother or the public
9 agency bringing the action previously informed the father
10 of the child's needs or attempted to seek or require his
11 help in raising or supporting the child.
12 (4) The reasons the mother or the public agency did
13 not file the action earlier.
14 (5) The extent to which the father would be
15 prejudiced by the delay in bringing the action.
16 For purposes of determining the amount of child support
17 to be paid for any period before the date the order for
18 current child support is entered, there is a rebuttable
19 presumption that the father's net income for the prior period
20 was the same as his net income at the time the order for
21 current child support is entered.
22 (c) Any new or existing support order entered by the
23 court under this Section shall be deemed to be a series of
24 judgments against the person obligated to pay support
25 thereunder, each judgment to be in the amount of each payment
26 or installment of support and each such judgment to be deemed
27 entered as of the date the corresponding payment or
28 installment becomes due under the terms of the support order.
29 Each judgment shall have the full force, effect and
30 attributes of any other judgment of this State, including the
31 ability to be enforced. A lien arises by operation of law
32 against the real and personal property of the noncustodial
33 parent for each installment of overdue support owed by the
34 noncustodial parent.
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1 (d) If the judgment or order of the court is at variance
2 with the child's birth certificate, the court shall order
3 that a new birth certificate be issued under the Vital
4 Records Act.
5 (e) On request of the mother and the father, the court
6 shall order a change in the child's name. After hearing
7 evidence the court may stay payment of support during the
8 period of the father's minority or period of disability.
9 (f) If, upon a showing of proper service, the father
10 fails to appear in court, or otherwise appear as provided by
11 law, the court may proceed to hear the cause upon testimony
12 of the mother or other parties taken in open court and shall
13 enter a judgment by default. The court may reserve any order
14 as to the amount of child support until the father has
15 received notice, by regular mail, of a hearing on the matter.
16 (g) A one-time charge of 20% is imposable upon the
17 amount of past-due child support owed on July 1, 1988 which
18 has accrued under a support order entered by the court. The
19 charge shall be imposed in accordance with the provisions of
20 Section 10-21 of the Illinois Public Aid Code and shall be
21 enforced by the court upon petition.
22 (h) All orders for support, when entered or modified,
23 shall include a provision requiring the non-custodial parent
24 to notify the court and, in cases in which party is receiving
25 child and spouse support services under Article X of the
26 Illinois Public Aid Code, the Illinois Department of Public
27 Aid, within 7 days, (i) of the name and address of any new
28 employer of the non-custodial parent, (ii) whether the
29 non-custodial parent has access to health insurance coverage
30 through the employer or other group coverage and, if so, the
31 policy name and number and the names of persons covered under
32 the policy, and (iii) of any new residential or mailing
33 address or telephone number of the non-custodial parent. In
34 any subsequent action to enforce a support order, upon a
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1 sufficient showing that a diligent effort has been made to
2 ascertain the location of the non-custodial parent, service
3 of process or provision of notice necessary in the case may
4 be made at the last known address of the non-custodial parent
5 in any manner expressly provided by the Code of Civil
6 Procedure or this Act, which service shall be sufficient for
7 purposes of due process.
8 (i) An order for support shall include a date on which
9 the current support obligation terminates. The termination
10 date shall be no earlier than the date on which the child
11 covered by the order will attain the age of majority or is
12 otherwise emancipated. The order for support shall state
13 that the termination date does not apply to any arrearage
14 that may remain unpaid on that date. Nothing in this
15 subsection shall be construed to prevent the court from
16 modifying the order.
17 (j) An order entered under this Section shall include a
18 provision requiring the obligor to report to the obligee and
19 to the clerk of court within 10 days each time the obligor
20 obtains new employment, and each time the obligor's
21 employment is terminated for any reason. The report shall be
22 in writing and shall, in the case of new employment, include
23 the name and address of the new employer. Failure to report
24 new employment or the termination of current employment, if
25 coupled with nonpayment of support for a period in excess of
26 60 days, is indirect criminal contempt. For any obligor
27 arrested for failure to report new employment bond shall be
28 set in the amount of the child support that should have been
29 paid during the period of unreported employment. An order
30 entered under this Section shall also include a provision
31 requiring the obligor and obligee parents to advise each
32 other of a change in residence within 5 days of the change
33 except when the court finds that the physical, mental, or
34 emotional health of a party or that of a minor child, or
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1 both, would be seriously endangered by disclosure of the
2 party's address.
3 (k) (1) Upon entering an order for the support of a
4 minor child or at any subsequent time, upon motion of the
5 party obligated to make support payments or on its own
6 motion, the court may order, if it is in the best interest of
7 the minor child on whose behalf support payments are ordered,
8 the custodial parent to provide an accounting of expenditures
9 of support funds on behalf of the minor child to the court
10 and serve a copy of the accounting upon the party obligated
11 to pay support or that party's attorney. The accounting
12 shall be recorded on forms provided by the Administrative
13 Office of the Illinois Courts.
14 (2) In accounting for general household expenditures
15 (e.g. mortgage, rent, utilities) made on behalf of the child,
16 the custodial parent shall attribute as an expenditure for
17 the child an amount which may be no more than the percentage
18 equivalence that the child on whose behalf support is
19 received is to the total number of people in the household
20 (e.g. if the child is one of 4 household members, support
21 payments may be used to pay, at most, 25% of the monthly
22 mortgage payment).
23 (3) The court may order the custodial parent to produce
24 receipts and other documentation verifying the expenses
25 reported.
26 (4) If the court, after hearing upon motion by the party
27 obligated to pay support or by the State, or on its own
28 motion, finds the expenditure of support funds by the
29 custodial parent is contrary to the best interest of the
30 child, the court may enter such orders as are necessary to
31 ensure that the funds are expended in the best interest of
32 the child.
33 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
34 90-655, eff. 7-30-98.)
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1 Section 99. Effective date. This Act takes effect
2 January 1, 2000.