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91_SB0019ham003
LRB9100065SMdvam05
1 AMENDMENT TO SENATE BILL 19
2 AMENDMENT NO. . Amend Senate Bill 19, AS AMENDED, by
3 replacing the title with the following:
4 "AN ACT regarding child support enforcement."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 1. Short title. This Act may be cited as the
8 Non-Support Punishment Act.
9 Section 5. Prosecutions by State's Attorneys. A
10 proceeding for enforcement of this Act may be instituted and
11 prosecuted by the several State's Attorneys only upon the
12 filing of a verified complaint by the person or persons
13 receiving child or spousal support.
14 Section 7. Prosecutions by Attorney General. In
15 addition to enforcement proceedings by the several State's
16 Attorneys, a proceeding for the enforcement of this Act may
17 be instituted and prosecuted by the Attorney General in
18 cases referred by the Illinois Department of Public Aid
19 involving persons receiving child and spouse support services
20 under Article X of the Illinois Public Aid Code. Before
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1 referring a case to the Attorney General for enforcement
2 under this Act, the Department of Public Aid shall notify the
3 person receiving child and spouse support services under
4 Article X of the Illinois Public Aid Code of the Department's
5 intent to refer the case to the Attorney General under this
6 Section for prosecution.
7 Section 10. Proceedings. Proceedings under this Act may
8 be by indictment or information. No proceeding may be brought
9 under Section 15 against a person whose court or
10 administrative order for support was entered by default,
11 unless the indictment or information specifically alleges
12 that the person has knowledge of the existence of the order
13 for support and that the person has the ability to pay the
14 support.
15 Section 15. Failure to support.
16 (a) A person commits the offense of failure to support
17 when he or she:
18 (1) willfully, without any lawful excuse refuses to
19 provide for the support or maintenance of his or her
20 spouse, with the knowledge that the spouse is in need of
21 such support or maintenance, or, without lawful excuse,
22 deserts or willfully refuses to provide for the support
23 or maintenance of his or her child or children under the
24 age of 18 years, in need of support or maintenance and
25 the person has the ability to provide the support; or
26 (2) willfully fails to pay a support obligation
27 required under a court or administrative order for
28 support, if the obligation has remained unpaid for a
29 period longer than 6 months, or is in arrears in an
30 amount greater than $5,000, and the person has the
31 ability to provide the support; or
32 (3) leaves the State with the intent to evade a
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1 support obligation required under a court or
2 administrative order for support, if the obligation,
3 regardless of when it accrued, has remained unpaid for a
4 period longer than 6 months, or is in arrears in an
5 amount greater than $10,000; or
6 (4) willfully fails to pay a support obligation
7 required under a court or administrative order for
8 support, if the obligation has remained unpaid for a
9 period longer than one year, or is in arrears in an
10 amount greater than $25,000, and the person has the
11 ability to provide the support.
12 (a-5) Presumption of ability to pay support. The
13 existence of a court or administrative order of support that
14 was not based on a default judgment and was in effect for the
15 time period charged in the indictment or information creates
16 a rebuttable presumption that the obligor has the ability to
17 pay the support obligation for that time period.
18 (b) Sentence. A person convicted of a first offense
19 under subdivision (a)(1) or (a)(2) is guilty of a Class A
20 misdemeanor. A person convicted of an offense under
21 subdivision (a)(3) or (a)(4) or a second or subsequent
22 offense under subdivision (a)(1) or (a)(2) is guilty of a
23 Class 4 felony.
24 (c) Expungement. A person convicted of a first offense
25 under subdivision (a)(1) or (a)(2) who is eligible for the
26 Earnfare program, shall, in lieu of the sentence prescribed
27 in subsection (b), be referred to the Earnfare program. Upon
28 certification of completion of the Earnfare program, the
29 conviction shall be expunged. If the person fails to
30 successfully complete the Earnfare program, he or she shall
31 be sentenced in accordance with subsection (b).
32 (d) Fine. Sentences of imprisonment and fines for
33 offenses committed under this Act shall be as provided under
34 Articles 8 and 9 of Chapter V of the Unified Code of
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1 Corrections, except that the court shall order restitution of
2 all unpaid support payments and may impose the following
3 fines, alone, or in addition to a sentence of imprisonment
4 under the following circumstances:
5 (1) from $1,000 to $5,000 if the support obligation
6 has remained unpaid for a period longer than 2 years, or
7 is in arrears in an amount greater than $1,000 and not
8 exceeding $10,000;
9 (2) from $5,000 to $10,000 if the support obligation
10 has remained unpaid for a period longer than 5 years, or
11 is in arrears in an amount greater than $10,000 and not
12 exceeding $20,000; or
13 (3) from $10,000 to $25,000 if the support
14 obligation has remained unpaid for a period longer than 8
15 years, or is in arrears in an amount greater than
16 $20,000.
17 Restitution shall be ordered in an amount equal to the
18 total unpaid support obligation as it existed at the time of
19 sentencing. Any amounts paid by the obligor shall be
20 allocated first to current support and then to restitution
21 ordered and then to fines imposed under this Section.
22 Section 20. Entry of order for support; income
23 withholding.
24 (a) In a case in which no court or administrative order
25 for support is in effect against the defendant:
26 (1) at any time before the trial, upon motion of the
27 State's Attorney, or of the Attorney General if the
28 action has been instituted by his office, and upon notice
29 to the defendant, or at the time of arraignment or as a
30 condition of postponement of arraignment, the court may
31 enter such temporary order for support as may seem just,
32 providing for the support or maintenance of the spouse or
33 child or children of the defendant, or both, pendente
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1 lite; or
2 (2) before trial with the consent of the defendant,
3 or at the trial on entry of a plea of guilty, or after
4 conviction, instead of imposing the penalty provided in
5 this Act, or in addition thereto, the court may enter an
6 order for support, subject to modification by the court
7 from time to time as circumstances may require, directing
8 the defendant to pay a certain sum for maintenance of the
9 spouse, or for support of the child or children, or both.
10 (b) The court shall determine the amount of child support
11 by using the guidelines and standards set forth in subsection
12 (a) of Section 505 and in Section 505.2 of the Illinois
13 Marriage and Dissolution of Marriage Act.
14 If (i) the non-custodial parent was properly served with
15 a request for discovery of financial information relating to
16 the non-custodial parent's ability to provide child support,
17 (ii) the non-custodial parent failed to comply with the
18 request, despite having been ordered to do so by the court,
19 and (iii) the non-custodial parent is not present at the
20 hearing to determine support despite having received proper
21 notice, then any relevant financial information concerning
22 the non-custodial parent's ability to provide child support
23 that was obtained pursuant to subpoena and proper notice
24 shall be admitted into evidence without the need to establish
25 any further foundation for its admission.
26 (c) The court shall determine the amount of maintenance
27 using the standards set forth in Section 504 of the Illinois
28 Marriage and Dissolution of Marriage Act.
29 (d) The court may, for violation of any order under this
30 Section, punish the offender as for a contempt of court, but
31 no pendente lite order shall remain in effect longer than 4
32 months, or after the discharge of any panel of jurors
33 summoned for service thereafter in such court, whichever is
34 sooner.
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1 (e) Any order for support entered by the court under this
2 Section shall be deemed to be a series of judgments against
3 the person obligated to pay support under the judgments, each
4 such judgment to be in the amount of each payment or
5 installment of support and each judgment to be deemed entered
6 as of the date the corresponding payment or installment
7 becomes due under the terms of the support order. Each
8 judgment shall have the full force, effect, and attributes of
9 any other judgment of this State, including the ability to be
10 enforced. Each judgment is subject to modification or
11 termination only in accordance with Section 510 of the
12 Illinois Marriage and Dissolution of Marriage Act. A lien
13 arises by operation of law against the real and personal
14 property of the noncustodial parent for each installment of
15 overdue support owed by the noncustodial parent.
16 (f) An order for support entered under this Section shall
17 include a provision requiring the obligor to report to the
18 obligee and to the clerk of the court within 10 days each
19 time the obligor obtains new employment, and each time the
20 obligor's employment is terminated for any reason. The
21 report shall be in writing and shall, in the case of new
22 employment, include the name and address of the new employer.
23 Failure to report new employment or the termination of
24 current employment, if coupled with nonpayment of support for
25 a period in excess of 60 days, is indirect criminal contempt.
26 For any obligor arrested for failure to report new
27 employment, bond shall be set in the amount of the child
28 support that should have been paid during the period of
29 unreported employment.
30 An order for support entered under this Section shall
31 also include a provision requiring the obligor and obligee
32 parents to advise each other of a change in residence within
33 5 days of the change except when the court finds that the
34 physical, mental, or emotional health of a party or of a
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1 minor child, or both, would be seriously endangered by
2 disclosure of the party's address.
3 (g) An order for support entered or modified in a case in
4 which a party is receiving child and spouse support services
5 under Article X of the Illinois Public Aid Code shall include
6 a provision requiring the noncustodial parent to notify the
7 Illinois Department of Public Aid, within 7 days, of the name
8 and address of any new employer of the noncustodial parent,
9 whether the noncustodial parent has access to health
10 insurance coverage through the employer or other group
11 coverage and, if so, the policy name and number and the names
12 of persons covered under the policy.
13 (h) In any subsequent action to enforce an order for
14 support entered under this Act, upon sufficient showing that
15 diligent effort has been made to ascertain the location of
16 the noncustodial parent, service of process or provision of
17 notice necessary in that action may be made at the last known
18 address of the noncustodial parent, in any manner expressly
19 provided by the Code of Civil Procedure or in this Act, which
20 service shall be sufficient for purposes of due process.
21 (i) An order for support shall include a date on which
22 the current support obligation terminates. The termination
23 date shall be no earlier than the date on which the child
24 covered by the order will attain the age of majority or is
25 otherwise emancipated. The order for support shall state that
26 the termination date does not apply to any arrearage that may
27 remain unpaid on that date. Nothing in this subsection shall
28 be construed to prevent the court from modifying the order.
29 Section 22. Withholding of income to secure payment of
30 support. An order for support entered or modified under this
31 Act is subject to the Income Withholding for Support Act.
32 Section 25. Payment of support to State Disbursement
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1 Unit; clerk of the court.
2 (a) As used in this Section, "order for support",
3 "obligor", "obligee", and "payor" mean those terms as defined
4 in the Income Withholding for Support Act.
5 (b) Each order for support entered or modified under
6 Section 20 of this Act shall require that support payments be
7 made to the State Disbursement Unit established under the
8 Illinois Public Aid Code, under the following circumstances:
9 (1) when a party to the order is receiving child and
10 spouse support services under Article X of the Illinois
11 Public Aid Code; or
12 (2) when no party to the order is receiving child
13 and spouse support services, but the support payments are
14 made through income withholding.
15 (c) When no party to the order is receiving child and
16 spouse support services, and payments are not being made
17 through income withholding, the court shall order the obligor
18 to make support payments to the clerk of the court.
19 (d) In the case of an order for support entered by the
20 court under this Act before a party commenced receipt of
21 child and spouse support services, upon receipt of these
22 services by a party the Illinois Department of Public Aid
23 shall provide notice to the obligor to send any support
24 payments he or she makes personally to the State Disbursement
25 Unit until further direction of the Department. The
26 Department shall provide a copy of the notice to the obligee
27 and to the clerk of the court. An obligor who fails to
28 comply with a notice provided by the Department under this
29 Section is guilty of a Class B misdemeanor.
30 (e) If a State Disbursement Unit as specified by federal
31 law has not been created in Illinois upon the effective date
32 of this Act, then, until the creation of a State Disbursement
33 Unit as specified by federal law, the following provisions
34 regarding payment and disbursement of support payments shall
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1 control and the provisions in subsections (a), (b), (c), and
2 (d) shall be inoperative. Upon the creation of a State
3 Disbursement Unit as specified by federal law, this
4 subsection (e) shall be inoperative and the payment and
5 disbursement provisions of subsections (a), (b), (c), and (d)
6 shall control.
7 (1) In cases in which an order for support is
8 entered under Section 20 of this Act, the court shall
9 order that maintenance and support payments be made to
10 the clerk of the court for remittance to the person or
11 agency entitled to receive the payments. However, the
12 court in its discretion may direct otherwise where
13 exceptional circumstances so warrant.
14 (2) The court shall direct that support payments be
15 sent by the clerk to (i) the Illinois Department of
16 Public Aid if the person in whose behalf payments are
17 made is receiving aid under Articles III, IV, or V of the
18 Illinois Public Aid Code, or child and spouse support
19 services under Article X of the Code, or (ii) to the
20 local governmental unit responsible for the support of
21 the person if he or she is a recipient under Article VI
22 of the Code. In accordance with federal law and
23 regulations, the Illinois Department of Public Aid may
24 continue to collect current maintenance payments or child
25 support payments, or both, after those persons cease to
26 receive public assistance and until termination of
27 services under Article X of the Illinois Public Aid Code.
28 The Illinois Department shall pay the net amount
29 collected to those persons after deducting any costs
30 incurred in making the collection or any collection fee
31 from the amount of any recovery made. The order shall
32 permit the Illinois Department of Public Aid or the local
33 governmental unit, as the case may be, to direct that
34 support payments be made directly to the spouse,
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1 children, or both, or to some person or agency in their
2 behalf, upon removal of the spouse or children from the
3 public aid rolls or upon termination of services under
4 Article X of the Illinois Public Aid Code; and upon such
5 direction, the Illinois Department or the local
6 governmental unit, as the case requires, shall give
7 notice of such action to the court in writing or by
8 electronic transmission.
9 (3) The clerk of the court shall establish and
10 maintain current records of all moneys received and
11 disbursed and of delinquencies and defaults in required
12 payments. The court, by order or rule, shall make
13 provision for the carrying out of these duties.
14 (4) Upon notification in writing or by electronic
15 transmission from the Illinois Department of Public Aid
16 to the clerk of the court that a person who is receiving
17 support payments under this Section is receiving services
18 under the Child Support Enforcement Program established
19 by Title IV-D of the Social Security Act, any support
20 payments subsequently received by the clerk of the court
21 shall be transmitted in accordance with the instructions
22 of the Illinois Department of Public Aid until the
23 Department gives notice to cease the transmittal. After
24 providing the notification authorized under this
25 paragraph, the Illinois Department of Public Aid shall be
26 a party and entitled to notice of any further proceedings
27 in the case. The clerk of the court shall file a copy of
28 the Illinois Department of Public Aid's notification in
29 the court file. The failure of the clerk to file a copy
30 of the notification in the court file shall not, however,
31 affect the Illinois Department of Public Aid's rights as
32 a party or its right to receive notice of further
33 proceedings.
34 (5) Payments under this Section to the Illinois
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1 Department of Public Aid pursuant to the Child Support
2 Enforcement Program established by Title IV-D of the
3 Social Security Act shall be paid into the Child Support
4 Enforcement Trust Fund. All other payments under this
5 Section to the Illinois Department of Public Aid shall be
6 deposited in the Public Assistance Recoveries Trust Fund.
7 Disbursements from these funds shall be as provided in
8 the Illinois Public Aid Code. Payments received by a
9 local governmental unit shall be deposited in that unit's
10 General Assistance Fund.
11 (6) For those cases in which child support is
12 payable to the clerk of the circuit court for transmittal
13 to the Illinois Department of Public Aid by order of
14 court or upon notification by the Illinois Department of
15 Public Aid, the clerk shall transmit all such payments,
16 within 4 working days of receipt, to insure that funds
17 are available for immediate distribution by the
18 Department to the person or entity entitled thereto in
19 accordance with standards of the Child Support
20 Enforcement Program established under Title IV-D of the
21 Social Security Act. The clerk shall notify the
22 Department of the date of receipt and amount thereof at
23 the time of transmittal. Where the clerk has entered
24 into an agreement of cooperation with the Department to
25 record the terms of child support orders and payments
26 made thereunder directly into the Department's automated
27 data processing system, the clerk shall account for,
28 transmit and otherwise distribute child support payments
29 in accordance with such agreement in lieu of the
30 requirements contained herein.
31 Section 30. Information to State Case Registry.
32 (a) When an order for support is entered or modified
33 under Section 20 of this Act, the clerk of the court shall,
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1 within 5 business days, provide to the State Case Registry
2 established under Section 10-27 of the Illinois Public Aid
3 Code the court docket number and county in which the order is
4 entered or modified and the following information, which the
5 parents involved in the case shall disclose to the court:
6 (1) the names of the custodial and noncustodial
7 parents and of the child or children covered by the
8 order;
9 (2) the dates of birth of the custodial and
10 noncustodial parents and of the child or children covered
11 by the order;
12 (3) the social security numbers of the custodial and
13 noncustodial parents and, if available, of the child or
14 children covered by the order;
15 (4) the residential and mailing address for the
16 custodial and noncustodial parents;
17 (5) the telephone numbers for the custodial and
18 noncustodial parents;
19 (6) the driver's license numbers for the custodial
20 and noncustodial parents; and
21 (7) the name, address, and telephone number of each
22 parent's employer or employers.
23 (b) When an order for support is entered or modified
24 under Section 20 in a case in which a party is receiving
25 child and spouse support services under Article X of the
26 Illinois Public Aid Code, the clerk shall provide the State
27 Case Registry with the following information within 5
28 business days:
29 (1) the information specified in subsection (a);
30 (2) the amount of monthly or other periodic support
31 owed under the order and other amounts, including
32 arrearages, interest, or late payment penalties and fees,
33 due or overdue under the order;
34 (3) any amounts described in subdivision (2) of this
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1 subsection (b) that have been received by the clerk; and
2 (4) the distribution of the amounts received by the
3 clerk.
4 (c) To the extent that updated information is in the
5 clerk's possession, the clerk shall provide updates of the
6 information specified in subsection (b) within 5 business
7 days after the Illinois Department of Public Aid's request
8 for that updated information.
9 Section 35. Fine; release of defendant on probation;
10 violation of order for support; forfeiture of recognizance.
11 (a) Whenever a fine is imposed it may be directed by the
12 court to be paid, in whole or in part, to the spouse,
13 ex-spouse, or if the support of a child or children is
14 involved, to the custodial parent, to the clerk, probation
15 officer, or to the Illinois Department of Public Aid if a
16 recipient of child and spouse support services under Article
17 X of the Illinois Public Aid Code is involved as the case
18 requires, to be disbursed by such officers or agency under
19 the terms of the order.
20 (b) The court may also relieve the defendant from custody
21 on probation for the period fixed in the order or judgment
22 upon his or her entering into a recognizance, with or without
23 surety, in the sum as the court orders and approves. The
24 condition of the recognizance shall be such that if the
25 defendant makes his or her personal appearance in court
26 whenever ordered to do so by the court, during such period as
27 may be so fixed, and further complies with the terms of the
28 order for support, or any subsequent modification of the
29 order, then the recognizance shall be void; otherwise it will
30 remain in full force and effect.
31 (c) If the court is satisfied by testimony in open court,
32 that at any time during the period of one year the defendant
33 has violated the terms of the order for support, it may
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1 proceed with the trial of the defendant under the original
2 charge, or sentence him or her under the original conviction,
3 or enforce the suspended sentence, as the case may be. In
4 case of forfeiture of recognizance, and enforcement of
5 recognizance by execution, the sum so recovered may, in the
6 discretion of the court, be paid, in whole or in part, to the
7 spouse, ex-spouse, or if the support of a child or children
8 is involved, to the custodial parent, to the clerk, or to the
9 Illinois Department of Public Aid if a recipient of child and
10 spouse support services under Article X of the Illinois
11 Public Aid Code is involved as the case requires, to be
12 disbursed by the clerk or the Department under the terms of
13 the order.
14 Section 40. Evidence. No other or greater evidence
15 shall be required to prove the marriage of a husband and
16 wife, or that the defendant is the father or mother of the
17 child or children than is or shall be required to prove that
18 fact in a civil action.
19 Section 45. Husband or wife as competent witness. In no
20 prosecution under this Act shall any existing statute or rule
21 of law prohibiting the disclosure of confidential
22 communications between husband and wife apply. And both
23 husband and wife shall be competent witnesses to testify to
24 any and all relevant matters, including the fact of such
25 marriage and of the parentage of such child or children,
26 provided that neither shall be compelled to give evidence
27 incriminating himself or herself.
28 Section 50. Community service; work alternative program.
29 (a) In addition to any other penalties imposed against an
30 offender under this Act, the court may order the offender to
31 perform community service for not less than 30 and not more
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1 than 120 hours per month, if community service is available
2 in the jurisdiction and is funded and approved by the county
3 board of the county where the offense was committed. In
4 addition, whenever any person is placed on supervision for
5 committing an offense under this Act, the supervision shall
6 be conditioned on the performance of the community service.
7 (b) In addition to any other penalties imposed against an
8 offender under this Act, the court may sentence the offender
9 to service in a work alternative program administered by the
10 sheriff. The conditions of the program are that the offender
11 obtain or retain employment and participate in a work
12 alternative program administered by the sheriff during
13 non-working hours. A person may not be required to
14 participate in a work alternative program under this
15 subsection if the person is currently participating in a work
16 program pursuant to another provision of this Act, Section
17 10-11.1 of the Illinois Public Aid Code, Section 505.1 of the
18 Illinois Marriage and Dissolution of Marriage Act, or Section
19 15.1 of the Illinois Parentage Act of 1984.
20 (c) In addition to any other penalties imposed against
21 an offender under this Act, the court may order, in cases
22 where the offender has been in violation of this Act for 90
23 days or more, that the offender's Illinois driving privileges
24 be suspended until the court determines that the offender is
25 in compliance with this Act.
26 The court may determine that the offender is in
27 compliance with this Act if the offender has agreed (i) to
28 pay all required amounts of support and maintenance as
29 determined by the court or (ii) to the garnishment of his or
30 her income for the purpose of paying those amounts.
31 The court may also order that the offender be issued a
32 family financial responsibility driving permit that would
33 allow limited driving privileges for employment and medical
34 purposes in accordance with Section 7-702.1 of the Illinois
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1 Vehicle Code. The clerk of the circuit court shall certify
2 the order suspending the driving privileges of the offender
3 or granting the issuance of a family financial responsibility
4 driving permit to the Secretary of State on forms prescribed
5 by the Secretary. Upon receipt of the authenticated
6 documents, the Secretary of State shall suspend the
7 offender's driving privileges until further order of the
8 court and shall, if ordered by the court, subject to the
9 provisions of Section 7-702.1 of the Illinois Vehicle Code,
10 issue a family financial responsibility driving permit to the
11 offender.
12 (d) If the court determines that the offender has been
13 in violation of this Act for more than 60 days, the court may
14 determine whether the offender has applied for or been issued
15 a professional license by the Department of Professional
16 Regulation or another licensing agency. If the court
17 determines that the offender has applied for or been issued
18 such a license, the court may certify to the Department of
19 Professional Regulation or other licensing agency that the
20 offender has been in violation of this Act for more than 60
21 days so that the Department or other agency may take
22 appropriate steps with respect to the license or application
23 as provided in Section 10-65 of the Illinois Administrative
24 Procedure Act and Section 60 of the Civil Administrative Code
25 of Illinois. The court may take the actions required under
26 this subsection in addition to imposing any other penalty
27 authorized under this Act.
28 Section 55. Offenses; how construed. It is hereby
29 expressly declared that the offenses set forth in this Act
30 shall be construed to be continuing offenses.
31 Section 60. Unemployed persons owing duty of support.
32 (a) Whenever it is determined in a proceeding to
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1 establish or enforce a child support or maintenance
2 obligation that the person owing a duty of support is
3 unemployed, the court may order the person to seek employment
4 and report periodically to the court with a diary, listing or
5 other memorandum of his or her efforts in accordance with
6 such order. Additionally, the court may order the unemployed
7 person to report to the Department of Employment Security for
8 job search services or to make application with the local
9 Jobs Training Partnership Act provider for participation in
10 job search, training, or work programs and where the duty of
11 support is owed to a child receiving support services under
12 Article X of the Illinois Public Aid Code the court may order
13 the unemployed person to report to the Illinois Department of
14 Public Aid for participation in job search, training, or work
15 programs established under Section 9-6 and Article IXA of
16 that Code.
17 (b) Whenever it is determined that a person owes past due
18 support for a child or for a child and the parent with whom
19 the child is living, and the child is receiving assistance
20 under the Illinois Public Aid Code, the court shall order at
21 the request of the Illinois Department of Public Aid:
22 (1) that the person pay the past-due support in
23 accordance with a plan approved by the court; or
24 (2) if the person owing past-due support is
25 unemployed, is subject to such a plan, and is not
26 incapacitated, that the person participate in such job
27 search, training, or work programs established under
28 Section 9-6 and Article IXA of the Illinois Public Aid
29 Code as the court deems appropriate.
30 Section 65. Order of protection; status. Whenever
31 relief sought under this Act is based on allegations of
32 domestic violence, as defined in the Illinois Domestic
33 Violence Act of 1986, the court, before granting relief,
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1 shall determine whether any order of protection has
2 previously been entered in the instant proceeding or any
3 other proceeding in which any party, or a child of any party,
4 or both, if relevant, has been designated as either a
5 respondent or a protected person.
6 Section 70. Severability. If any provision of this Act
7 or its application to any person or circumstance is held
8 invalid, the invalidity of that provision or application does
9 not affect other provisions or applications of this Act that
10 can be given effect without the invalid provision or
11 application.
12 Section 905. The Illinois Administrative Procedure Act
13 is amended by changing Section 10-65 as follows:
14 (5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
15 Sec. 10-65. Licenses.
16 (a) When any licensing is required by law to be preceded
17 by notice and an opportunity for a hearing, the provisions of
18 this Act concerning contested cases shall apply.
19 (b) When a licensee has made timely and sufficient
20 application for the renewal of a license or a new license
21 with reference to any activity of a continuing nature, the
22 existing license shall continue in full force and effect
23 until the final agency decision on the application has been
24 made unless a later date is fixed by order of a reviewing
25 court.
26 (c) An application for the renewal of a license or a new
27 license shall include the applicant's social security number.
28 Each agency shall require the licensee to certify on the
29 application form, under penalty of perjury, that he or she is
30 not more than 30 days delinquent in complying with a child
31 support order. Every application shall state that failure to
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1 so certify shall result in disciplinary action, and that
2 making a false statement may subject the licensee to contempt
3 of court. The agency shall notify each applicant or licensee
4 who acknowledges a delinquency or who, contrary to his or her
5 certification, is found to be delinquent or who after
6 receiving notice, fails to comply with a subpoena or warrant
7 relating to a paternity or a child support proceeding, that
8 the agency intends to take disciplinary action. Accordingly,
9 the agency shall provide written notice of the facts or
10 conduct upon which the agency will rely to support its
11 proposed action and the applicant or licensee shall be given
12 an opportunity for a hearing in accordance with the
13 provisions of the Act concerning contested cases. Any
14 delinquency in complying with a child support order can be
15 remedied by arranging for payment of past due and current
16 support. Any failure to comply with a subpoena or warrant
17 relating to a paternity or child support proceeding can be
18 remedied by complying with the subpoena or warrant. Upon a
19 final finding of delinquency or failure to comply with a
20 subpoena or warrant, the agency shall suspend, revoke, or
21 refuse to issue or renew the license. In cases in which the
22 Department of Public Aid has previously determined that an
23 applicant or a licensee is more than 30 days delinquent in
24 the payment of child support and has subsequently certified
25 the delinquency to the licensing agency, and in cases in
26 which a court has previously determined that an applicant or
27 licensee has been in violation of the Non-Support Punishment
28 Act for more than 60 days, the licensing agency shall refuse
29 to issue or renew or shall revoke or suspend that person's
30 license based solely upon the certification of delinquency
31 made by the Department of Public Aid or the certification of
32 violation made by the court. Further process, hearings, or
33 redetermination of the delinquency or violation by the
34 licensing agency shall not be required. The licensing
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1 agency may issue or renew a license if the licensee has
2 arranged for payment of past and current child support
3 obligations in a manner satisfactory to the Department of
4 Public Aid or the court. The licensing agency may impose
5 conditions, restrictions, or disciplinary action upon that
6 license.
7 (d) Except as provided in subsection (c), no agency
8 shall revoke, suspend, annul, withdraw, amend materially, or
9 refuse to renew any valid license without first giving
10 written notice to the licensee of the facts or conduct upon
11 which the agency will rely to support its proposed action and
12 an opportunity for a hearing in accordance with the
13 provisions of this Act concerning contested cases. At the
14 hearing, the licensee shall have the right to show compliance
15 with all lawful requirements for the retention, continuation,
16 or renewal of the license. If, however, the agency finds
17 that the public interest, safety, or welfare imperatively
18 requires emergency action, and if the agency incorporates a
19 finding to that effect in its order, summary suspension of a
20 license may be ordered pending proceedings for revocation or
21 other action. Those proceedings shall be promptly instituted
22 and determined.
23 (e) Any application for renewal of a license that
24 contains required and relevant information, data, material,
25 or circumstances that were not contained in an application
26 for the existing license shall be subject to the provisions
27 of subsection (a).
28 Section 910. The Civil Administrative Code of Illinois
29 is amended by changing Section 43a.14 as follows:
30 (20 ILCS 1005/43a.14)
31 Sec. 43a.14. Exchange of information for child support
32 enforcement.
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1 (a) To exchange with the Illinois Department of Public
2 Aid information that may be necessary for the enforcement of
3 child support orders entered pursuant to the Illinois Public
4 Aid Code, the Illinois Marriage and Dissolution of Marriage
5 Act, the Non-Support of Spouse and Children Act, the
6 Non-Support Punishment Act, the Revised Uniform Reciprocal
7 Enforcement of Support Act, the Uniform Interstate Family
8 Support Act, or the Illinois Parentage Act of 1984.
9 (b) Notwithstanding any provisions in this Code to the
10 contrary, the Department of Employment Security shall not be
11 liable to any person for any disclosure of information to the
12 Illinois Department of Public Aid under subsection (a) or for
13 any other action taken in good faith to comply with the
14 requirements of subsection (a).
15 (Source: P.A. 90-18, eff. 7-1-97.)
16 Section 915. The Civil Administrative Code of Illinois
17 is amended by changing Section 60 as follows:
18 (20 ILCS 2105/60) (from Ch. 127, par. 60)
19 Sec. 60. Powers and duties. The Department of
20 Professional Regulation shall have, subject to the provisions
21 of this Act, the following powers and duties:
22 1. To authorize examinations in English to ascertain the
23 qualifications and fitness of applicants to exercise the
24 profession, trade, or occupation for which the examination is
25 held.
26 2. To prescribe rules and regulations for a fair and
27 wholly impartial method of examination of candidates to
28 exercise the respective professions, trades, or occupations.
29 3. To pass upon the qualifications of applicants for
30 licenses, certificates, and authorities, whether by
31 examination, by reciprocity, or by endorsement.
32 4. To prescribe rules and regulations defining, for the
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1 respective professions, trades, and occupations, what shall
2 constitute a school, college, or university, or department of
3 a university, or other institutions, reputable and in good
4 standing and to determine the reputability and good standing
5 of a school, college, or university, or department of a
6 university, or other institution, reputable and in good
7 standing by reference to a compliance with such rules and
8 regulations: provided, that no school, college, or
9 university, or department of a university or other
10 institution that refuses admittance to applicants solely on
11 account of race, color, creed, sex, or national origin shall
12 be considered reputable and in good standing.
13 5. To conduct hearings on proceedings to revoke,
14 suspend, refuse to renew, place on probationary status, or
15 take other disciplinary action as may be authorized in any
16 licensing Act administered by the Department with regard to
17 licenses, certificates, or authorities of persons exercising
18 the respective professions, trades, or occupations, and to
19 revoke, suspend, refuse to renew, place on probationary
20 status, or take other disciplinary action as may be
21 authorized in any licensing Act administered by the
22 Department with regard to such licenses, certificates, or
23 authorities. The Department shall issue a monthly
24 disciplinary report. The Department shall deny any license
25 or renewal authorized by this Act to any person who has
26 defaulted on an educational loan or scholarship provided by
27 or guaranteed by the Illinois Student Assistance Commission
28 or any governmental agency of this State; however, the
29 Department may issue a license or renewal if the
30 aforementioned persons have established a satisfactory
31 repayment record as determined by the Illinois Student
32 Assistance Commission or other appropriate governmental
33 agency of this State. Additionally, beginning June 1, 1996,
34 any license issued by the Department may be suspended or
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1 revoked if the Department, after the opportunity for a
2 hearing under the appropriate licensing Act, finds that the
3 licensee has failed to make satisfactory repayment to the
4 Illinois Student Assistance Commission for a delinquent or
5 defaulted loan. For the purposes of this Section,
6 "satisfactory repayment record" shall be defined by rule. The
7 Department shall refuse to issue or renew a license to, or
8 shall suspend or revoke a license of, any person who, after
9 receiving notice, fails to comply with a subpoena or warrant
10 relating to a paternity or child support proceeding.
11 However, the Department may issue a license or renewal upon
12 compliance with the subpoena or warrant.
13 The Department, without further process or hearings,
14 shall revoke, suspend, or deny any license or renewal
15 authorized by this Act to a person who is certified by the
16 Illinois Department of Public Aid as being more than 30 days
17 delinquent in complying with a child support order or who is
18 certified by a court as being in violation of the Non-Support
19 of Punishment Act for more than 60 days; the Department may,
20 however, issue a license or renewal if the person has
21 established a satisfactory repayment record as determined by
22 the Illinois Department of Public Aid or if the person is
23 determined by the court to be in compliance with the
24 Non-Support Punishment Act. The Department may implement
25 this paragraph as added by Public Act 89-6 through the use of
26 emergency rules in accordance with Section 5-45 of the
27 Illinois Administrative Procedure Act. For purposes of the
28 Illinois Administrative Procedure Act, the adoption of rules
29 to implement this paragraph shall be considered an emergency
30 and necessary for the public interest, safety, and welfare.
31 6. To transfer jurisdiction of any realty under the
32 control of the Department to any other Department of the
33 State Government, or to acquire or accept Federal lands, when
34 such transfer, acquisition or acceptance is advantageous to
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1 the State and is approved in writing by the Governor.
2 7. To formulate rules and regulations as may be
3 necessary for the enforcement of any act administered by the
4 Department.
5 8. To exchange with the Illinois Department of Public
6 Aid information that may be necessary for the enforcement of
7 child support orders entered pursuant to the Illinois Public
8 Aid Code, the Illinois Marriage and Dissolution of Marriage
9 Act, the Non-Support of Spouse and Children Act, the
10 Non-Support Punishment Act, the Revised Uniform Reciprocal
11 Enforcement of Support Act, the Uniform Interstate Family
12 Support Act, or the Illinois Parentage Act of 1984.
13 Notwithstanding any provisions in this Code to the contrary,
14 the Department of Professional Regulation shall not be liable
15 under any federal or State law to any person for any
16 disclosure of information to the Illinois Department of
17 Public Aid under this paragraph 8 or for any other action
18 taken in good faith to comply with the requirements of this
19 paragraph 8.
20 9. To perform such other duties as may be prescribed by
21 law.
22 The Department may, when a fee is payable to the
23 Department for a wall certificate of registration provided by
24 the Department of Central Management Services, require that
25 portion of the payment for printing and distribution costs be
26 made directly or through the Department, to the Department of
27 Central Management Services for deposit in the Paper and
28 Printing Revolving Fund, the remainder shall be deposited in
29 the General Revenue Fund.
30 For the purpose of securing and preparing evidence, and
31 for the purchase of controlled substances, professional
32 services, and equipment necessary for enforcement activities,
33 recoupment of investigative costs and other activities
34 directed at suppressing the misuse and abuse of controlled
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1 substances, including those activities set forth in Sections
2 504 and 508 of the Illinois Controlled Substances Act, the
3 Director and agents appointed and authorized by the Director
4 may expend such sums from the Professional Regulation
5 Evidence Fund as the Director deems necessary from the
6 amounts appropriated for that purpose and such sums may be
7 advanced to the agent when the Director deems such procedure
8 to be in the public interest. Sums for the purchase of
9 controlled substances, professional services, and equipment
10 necessary for enforcement activities and other activities as
11 set forth in this Section shall be advanced to the agent who
12 is to make such purchase from the Professional Regulation
13 Evidence Fund on vouchers signed by the Director. The
14 Director and such agents are authorized to maintain one or
15 more commercial checking accounts with any State banking
16 corporation or corporations organized under or subject to the
17 Illinois Banking Act for the deposit and withdrawal of moneys
18 to be used for the purposes set forth in this Section;
19 provided, that no check may be written nor any withdrawal
20 made from any such account except upon the written signatures
21 of 2 persons designated by the Director to write such checks
22 and make such withdrawals. Vouchers for such expenditures
23 must be signed by the Director and all such expenditures
24 shall be audited by the Director and the audit shall be
25 submitted to the Department of Central Management Services
26 for approval.
27 Whenever the Department is authorized or required by law
28 to consider some aspect of criminal history record
29 information for the purpose of carrying out its statutory
30 powers and responsibilities, then, upon request and payment
31 of fees in conformance with the requirements of subsection 22
32 of Section 55a of the Civil Administrative Code of Illinois,
33 the Department of State Police is authorized to furnish,
34 pursuant to positive identification, such information
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1 contained in State files as is necessary to fulfill the
2 request.
3 The provisions of this Section do not apply to private
4 business and vocational schools as defined by Section 1 of
5 the Private Business and Vocational Schools Act.
6 Beginning July 1, 1995, this Section does not apply to
7 those professions, trades, and occupations licensed under the
8 Real Estate License Act of 1983 nor does it apply to any
9 permits, certificates, or other authorizations to do business
10 provided for in the Land Sales Registration Act of 1989 or
11 the Illinois Real Estate Time-Share Act.
12 (Source: P.A. 89-6, eff. 3-6-95; 89-23, eff. 7-1-95; 89-237,
13 eff. 8-4-95; 89-411, eff. 6-1-96; 89-626, eff. 8-9-96; 90-18,
14 eff. 7-1-97.)
15 Section 920. The Civil Administrative Code of Illinois
16 is amended by changing Section 39b12 as follows:
17 (20 ILCS 2505/39b12) (from Ch. 127, par. 39b12)
18 Sec. 39b12. Exchange of information.
19 (a) To exchange with any State, or local subdivisions
20 thereof, or with the federal government, except when
21 specifically prohibited by law, any information which may be
22 necessary to efficient tax administration and which may be
23 acquired as a result of the administration of the above laws.
24 (b) To exchange with the Illinois Department of Public
25 Aid information that may be necessary for the enforcement of
26 child support orders entered pursuant to the Illinois Public
27 Aid Code, the Illinois Marriage and Dissolution of Marriage
28 Act, the Non-Support of Spouse and Children Act, the
29 Non-Support Punishment Act, the Revised Uniform Reciprocal
30 Enforcement of Support Act, the Uniform Interstate Family
31 Support Act, or the Illinois Parentage Act of 1984.
32 Notwithstanding any provisions in this Code to the contrary,
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1 the Department of Revenue shall not be liable to any person
2 for any disclosure of information to the Illinois Department
3 of Public Aid under this subsection (b) or for any other
4 action taken in good faith to comply with the requirements of
5 this subsection (b).
6 (Source: P.A. 90-18, eff. 7-1-97.)
7 Section 925. The Counties Code is amended by changing
8 Section 3-5036.5 as follows:
9 (55 ILCS 5/3-5036.5)
10 Sec. 3-5036.5. Exchange of information for child support
11 enforcement.
12 (a) The Recorder shall exchange with the Illinois
13 Department of Public Aid information that may be necessary
14 for the enforcement of child support orders entered pursuant
15 to the Illinois Public Aid Code, the Illinois Marriage and
16 Dissolution of Marriage Act, the Non-Support of Spouse and
17 Children Act, the Non-Support Punishment Act, the Revised
18 Uniform Reciprocal Enforcement of Support Act, the Uniform
19 Interstate Family Support Act, or the Illinois Parentage Act
20 of 1984.
21 (b) Notwithstanding any provisions in this Code to the
22 contrary, the Recorder shall not be liable to any person for
23 any disclosure of information to the Illinois Department of
24 Public Aid under subsection (a) or for any other action taken
25 in good faith to comply with the requirements of subsection
26 (a).
27 (Source: P.A. 90-18, eff. 7-1-97.)
28 Section 930. The Collection Agency Act is amended by
29 changing Section 2.04 as follows:
30 (225 ILCS 425/2.04) (from Ch. 111, par. 2005.1)
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1 Sec. 2.04. Child support indebtedness.
2 (a) Persons, associations, partnerships, or corporations
3 engaged in the business of collecting child support
4 indebtedness owing under a court order as provided under the
5 Illinois Public Aid Code, the Illinois Marriage and
6 Dissolution of Marriage Act, the Non-Support of Spouse and
7 Children Act, the Non-Support Punishment Act, the Illinois
8 Parentage Act of 1984, or similar laws of other states are
9 not restricted (i) in the frequency of contact with an
10 obligor who is in arrears, whether by phone, mail, or other
11 means, (ii) from contacting the employer of an obligor who is
12 in arrears, (iii) from publishing or threatening to publish a
13 list of obligors in arrears, (iv) from disclosing or
14 threatening to disclose an arrearage that the obligor
15 disputes, but for which a verified notice of delinquency has
16 been served under the Income Withholding for Support Act (or
17 any of its predecessors, Section 10-16.2 of the Illinois
18 Public Aid Code, Section 706.1 of the Illinois Marriage and
19 Dissolution of Marriage Act, Section 4.1 of the Non-Support
20 of Spouse and Children Act, Section 26.1 of the Revised
21 Uniform Reciprocal Enforcement of Support Act, or Section 20
22 of the Illinois Parentage Act of 1984), or (v) from engaging
23 in conduct that would not cause a reasonable person mental or
24 physical illness. For purposes of this subsection, "obligor"
25 means an individual who owes a duty to make periodic
26 payments, under a court order, for the support of a child.
27 "Arrearage" means the total amount of an obligor's unpaid
28 child support obligations.
29 (b) The Department shall adopt rules necessary to
30 administer and enforce the provisions of this Section.
31 (Source: P.A. 90-673, eff. 1-1-99.)
32 Section 935. The Illinois Public Aid Code is amended by
33 changing Sections 10-3.1, 10-10, 10-17, 10-19, 10-25,
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1 10-25.5, and 12-4.7c and by adding Sections 4-1.6b and
2 12-12.1 as follows:
3 (305 ILCS 5/4-1.6b new)
4 Sec. 4-1.6b. Child Support Pays Program.
5 (a) There is created the Child Support Pays Program
6 under which the Department shall pay to families receiving
7 cash assistance under this Article who have earned income an
8 amount equal to whichever of the following is greater: (1)
9 two-thirds of the current monthly child support collected on
10 behalf of the members of the assistance unit; or (2) the
11 amount of current monthly child support collected on behalf
12 of the members of the assistance unit required to be paid to
13 the family pursuant to administrative rule. The child
14 support passed through to a family pursuant to this Section
15 shall not affect the family's eligibility for assistance or
16 decrease any amount otherwise payable as assistance to the
17 family under this Article until the family's gross income
18 from employment, non-exempt unearned income, and the gross
19 current monthly child support collected on the family's
20 behalf equals or exceeds 3 times the payment level for the
21 assistance unit, at which point cash assistance to the family
22 may be terminated.
23 (b) In consultation with the Child Support Advisory
24 Committee, the Department shall conduct an evaluation of the
25 Child Support Pays Program by December 31, 2003. The
26 evaluation shall include but not be limited to:
27 (1) the amount of child support collections on
28 behalf of children of TANF recipients who have earned
29 income compared with TANF recipients who do not have
30 earned income;
31 (2) the regularity of child support payments made
32 on behalf of children of TANF recipients who have earned
33 income, both with respect to newly established child
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1 support orders and existing orders; and
2 (3) the number of parentage establishments for
3 children of TANF recipients who have earned income.
4 In order to be able to evaluate the Child Support Pays
5 Program, the Department shall conduct an outreach program to
6 publicize the availability of the Program to TANF recipients.
7
8 (305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
9 Sec. 10-3.1. Child and Spouse Support Unit. The
10 Illinois Department shall establish within its administrative
11 staff a Child and Spouse Support Unit to search for and
12 locate absent parents and spouses liable for the support of
13 persons resident in this State and to exercise the support
14 enforcement powers and responsibilities assigned the
15 Department by this Article. The unit shall cooperate with
16 all law enforcement officials in this State and with the
17 authorities of other States in locating persons responsible
18 for the support of persons resident in other States and shall
19 invite the cooperation of these authorities in the
20 performance of its duties.
21 In addition to other duties assigned the Child and Spouse
22 Support Unit by this Article, the Unit may refer to the
23 Attorney General or units of local government with the
24 approval of the Attorney General, any actions under Sections
25 10-10 and 10-15 for judicial enforcement of the support
26 liability. The Child and Spouse Support Unit shall act for
27 the Department in referring to the Attorney General support
28 matters requiring judicial enforcement under other laws. If
29 requested by the Attorney General to so act, as provided in
30 Section 12-16, attorneys of the Unit may assist the Attorney
31 General or themselves institute actions in behalf of the
32 Illinois Department under the Revised Uniform Reciprocal
33 Enforcement of Support Act; under the Illinois Parentage Act
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1 of 1984; under the Non-Support of Spouse and Children Act;
2 under the Non-Support Punishment Act; or under any other law,
3 State or Federal, providing for support of a spouse or
4 dependent child.
5 The Illinois Department shall also have the authority to
6 enter into agreements with local governmental units or
7 individuals, with the approval of the Attorney General, for
8 the collection of moneys owing because of the failure of a
9 parent to make child support payments for any child receiving
10 services under this Article. Such agreements may be on a
11 contingent fee basis, but such contingent fee shall not
12 exceed 25% of the total amount collected.
13 An attorney who provides representation pursuant to this
14 Section shall represent the Illinois Department exclusively.
15 Regardless of the designation of the plaintiff in an action
16 brought pursuant to this Section, an attorney-client
17 relationship does not exist for purposes of that action
18 between that attorney and (i) an applicant for or recipient
19 of child and spouse support services or (ii) any other party
20 to the action other than the Illinois Department. Nothing in
21 this Section shall be construed to modify any power or duty
22 (including a duty to maintain confidentiality) of the Child
23 and Spouse Support Unit or the Illinois Department otherwise
24 provided by law.
25 The Illinois Department may also enter into agreements
26 with local governmental units for the Child and Spouse
27 Support Unit to exercise the investigative and enforcement
28 powers designated in this Article, including the issuance of
29 administrative orders under Section 10-11, in locating
30 responsible relatives and obtaining support for persons
31 applying for or receiving aid under Article VI. Payments for
32 defrayment of administrative costs and support payments
33 obtained shall be deposited into the Public Assistance
34 Recoveries Trust Fund. Support payments shall be paid over
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1 to the General Assistance Fund of the local governmental unit
2 at such time or times as the agreement may specify.
3 With respect to those cases in which it has support
4 enforcement powers and responsibilities under this Article,
5 the Illinois Department may provide by rule for periodic or
6 other review of each administrative and court order for
7 support to determine whether a modification of the order
8 should be sought. The Illinois Department shall provide for
9 and conduct such review in accordance with any applicable
10 federal law and regulation.
11 As part of its process for review of orders for support,
12 the Illinois Department, through written notice, may require
13 the responsible relative to disclose his or her Social
14 Security Number and past and present information concerning
15 the relative's address, employment, gross wages, deductions
16 from gross wages, net wages, bonuses, commissions, number of
17 dependent exemptions claimed, individual and dependent health
18 insurance coverage, and any other information necessary to
19 determine the relative's ability to provide support in a case
20 receiving child and spouse support services under this
21 Article X.
22 The Illinois Department may send a written request for
23 the same information to the relative's employer. The
24 employer shall respond to the request for information within
25 15 days after the date the employer receives the request. If
26 the employer willfully fails to fully respond within the
27 15-day period, the employer shall pay a penalty of $100 for
28 each day that the response is not provided to the Illinois
29 Department after the 15-day period has expired. The penalty
30 may be collected in a civil action which may be brought
31 against the employer in favor of the Illinois Department.
32 A written request for information sent to an employer
33 pursuant to this Section shall consist of (i) a citation of
34 this Section as the statutory authority for the request and
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1 for the employer's obligation to provide the requested
2 information, (ii) a returnable form setting forth the
3 employer's name and address and listing the name of the
4 employee with respect to whom information is requested, and
5 (iii) a citation of this Section as the statutory authority
6 authorizing the employer to withhold a fee of up to $20 from
7 the wages or income to be paid to each responsible relative
8 for providing the information to the Illinois Department
9 within the 15-day period. If the employer is withholding
10 support payments from the responsible relative's income
11 pursuant to an order for withholding, the employer may
12 withhold the fee provided for in this Section only after
13 withholding support as required under the order. Any amounts
14 withheld from the responsible relative's income for payment
15 of support and the fee provided for in this Section shall not
16 be in excess of the amounts permitted under the federal
17 Consumer Credit Protection Act.
18 In a case receiving child and spouse support services,
19 the Illinois Department may request and obtain information
20 from a particular employer under this Section no more than
21 once in any 12-month period, unless the information is
22 necessary to conduct a review of a court or administrative
23 order for support at the request of the person receiving
24 child and spouse support services.
25 The Illinois Department shall establish and maintain an
26 administrative unit to receive and transmit to the Child and
27 Spouse Support Unit information supplied by persons applying
28 for or receiving child and spouse support services under
29 Section 10-1. In addition, the Illinois Department shall
30 address and respond to any alleged deficiencies that persons
31 receiving or applying for services from the Child and Spouse
32 Support Unit may identify concerning the Child and Spouse
33 Support Unit's provision of child and spouse support
34 services. Within 60 days after an action or failure to act by
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1 the Child and Spouse Support Unit that affects his or her
2 case, a recipient of or applicant for child and spouse
3 support services under Article X of this Code may request an
4 explanation of the Unit's handling of the case. At the
5 requestor's option, the explanation may be provided either
6 orally in an interview, in writing, or both. If the Illinois
7 Department fails to respond to the request for an explanation
8 or fails to respond in a manner satisfactory to the applicant
9 or recipient within 30 days from the date of the request for
10 an explanation, the applicant or recipient may request a
11 conference for further review of the matter by the Office of
12 the Administrator of the Child and Spouse Support Unit. A
13 request for a conference may be submitted at any time within
14 60 days after the explanation has been provided by the Child
15 and Spouse Support Unit or within 60 days after the time for
16 providing the explanation has expired.
17 The applicant or recipient may request a conference
18 concerning any decision denying or terminating child or
19 spouse support services under Article X of this Code, and the
20 applicant or recipient may also request a conference
21 concerning the Unit's failure to provide services or the
22 provision of services in an amount or manner that is
23 considered inadequate. For purposes of this Section, the
24 Child and Spouse Support Unit includes all local governmental
25 units or individuals with whom the Illinois Department has
26 contracted under Section 10-3.1.
27 Upon receipt of a timely request for a conference, the
28 Office of the Administrator shall review the case. The
29 applicant or recipient requesting the conference shall be
30 entitled, at his or her option, to appear in person or to
31 participate in the conference by telephone. The applicant or
32 recipient requesting the conference shall be entitled to be
33 represented and to be afforded a reasonable opportunity to
34 review the Illinois Department's file before or at the
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1 conference. At the conference, the applicant or recipient
2 requesting the conference shall be afforded an opportunity to
3 present all relevant matters in support of his or her claim.
4 Conferences shall be without cost to the applicant or
5 recipient requesting the conference and shall be conducted by
6 a representative of the Child or Spouse Support Unit who did
7 not participate in the action or inaction being reviewed.
8 The Office of the Administrator shall conduct a
9 conference and inform all interested parties, in writing, of
10 the results of the conference within 60 days from the date of
11 filing of the request for a conference.
12 In addition to its other powers and responsibilities
13 established by this Article, the Child and Spouse Support
14 Unit shall conduct an annual assessment of each institution's
15 program for institution based paternity establishment under
16 Section 12 of the Vital Records Act.
17 (Source: P.A. 90-18, eff. 7-1-97.)
18 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
19 Sec. 10-10. Court enforcement; applicability also to
20 persons who are not applicants or recipients. Except where
21 the Illinois Department, by agreement, acts for the local
22 governmental unit, as provided in Section 10-3.1, local
23 governmental units shall refer to the State's Attorney or to
24 the proper legal representative of the governmental unit, for
25 judicial enforcement as herein provided, instances of
26 non-support or insufficient support when the dependents are
27 applicants or recipients under Article VI. The Child and
28 Spouse Support Unit established by Section 10-3.1 may
29 institute in behalf of the Illinois Department any actions
30 under this Section for judicial enforcement of the support
31 liability when the dependents are (a) applicants or
32 recipients under Articles III, IV, V or VII (b) applicants or
33 recipients in a local governmental unit when the Illinois
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1 Department, by agreement, acts for the unit; or (c)
2 non-applicants or non-recipients who are receiving support
3 enforcement services under this Article X, as provided in
4 Section 10-1. Where the Child and Spouse Support Unit has
5 exercised its option and discretion not to apply the
6 provisions of Sections 10-3 through 10-8, the failure by the
7 Unit to apply such provisions shall not be a bar to bringing
8 an action under this Section.
9 Action shall be brought in the circuit court to obtain
10 support, or for the recovery of aid granted during the period
11 such support was not provided, or both for the obtainment of
12 support and the recovery of the aid provided. Actions for
13 the recovery of aid may be taken separately or they may be
14 consolidated with actions to obtain support. Such actions
15 may be brought in the name of the person or persons requiring
16 support, or may be brought in the name of the Illinois
17 Department or the local governmental unit, as the case
18 requires, in behalf of such persons.
19 The court may enter such orders for the payment of moneys
20 for the support of the person as may be just and equitable
21 and may direct payment thereof for such period or periods of
22 time as the circumstances require, including support for a
23 period before the date the order for support is entered. The
24 order may be entered against any or all of the defendant
25 responsible relatives and may be based upon the proportionate
26 ability of each to contribute to the person's support.
27 The Court shall determine the amount of child support
28 (including child support for a period before the date the
29 order for child support is entered) by using the guidelines
30 and standards set forth in subsection (a) of Section 505 and
31 in Section 505.2 of the Illinois Marriage and Dissolution of
32 Marriage Act. For purposes of determining the amount of child
33 support to be paid for a period before the date the order for
34 child support is entered, there is a rebuttable presumption
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1 that the responsible relative's net income for that period
2 was the same as his or her net income at the time the order
3 is entered.
4 If (i) the responsible relative was properly served with
5 a request for discovery of financial information relating to
6 the responsible relative's ability to provide child support,
7 (ii) the responsible relative failed to comply with the
8 request, despite having been ordered to do so by the court,
9 and (iii) the responsible relative is not present at the
10 hearing to determine support despite having received proper
11 notice, then any relevant financial information concerning
12 the responsible relative's ability to provide child support
13 that was obtained pursuant to subpoena and proper notice
14 shall be admitted into evidence without the need to establish
15 any further foundation for its admission.
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 except when the court finds that the physical, mental, or
33 emotional health of a party or that of a minor child, or
34 both, would be seriously endangered by disclosure of the
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1 party's address.
2 The Court shall determine the amount of maintenance using
3 the standards set forth in Section 504 of the Illinois
4 Marriage and Dissolution of Marriage Act.
5 Any new or existing support order entered by the court
6 under this Section shall be deemed to be a series of
7 judgments against the person obligated to pay support
8 thereunder, each such judgment to be in the amount of each
9 payment or installment of support and each such judgment to
10 be deemed entered as of the date the corresponding payment or
11 installment becomes due under the terms of the support order.
12 Each such judgment shall have the full force, effect and
13 attributes of any other judgment of this State, including the
14 ability to be enforced. Any such judgment is subject to
15 modification or termination only in accordance with Section
16 510 of the Illinois Marriage and Dissolution of Marriage Act.
17 A lien arises by operation of law against the real and
18 personal property of the noncustodial parent for each
19 installment of overdue support owed by the noncustodial
20 parent.
21 When an order is entered for the support of a minor, the
22 court may provide therein for reasonable visitation of the
23 minor by the person or persons who provided support pursuant
24 to the order. Whoever willfully refuses to comply with such
25 visitation order or willfully interferes with its enforcement
26 may be declared in contempt of court and punished therefor.
27 Except where the local governmental unit has entered into
28 an agreement with the Illinois Department for the Child and
29 Spouse Support Unit to act for it, as provided in Section
30 10-3.1, support orders entered by the court in cases
31 involving applicants or recipients under Article VI shall
32 provide that payments thereunder be made directly to the
33 local governmental unit. Orders for the support of all other
34 applicants or recipients shall provide that payments
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1 thereunder be made directly to the Illinois Department. In
2 accordance with federal law and regulations, the Illinois
3 Department may continue to collect current maintenance
4 payments or child support payments, or both, after those
5 persons cease to receive public assistance and until
6 termination of services under Article X. The Illinois
7 Department shall pay the net amount collected to those
8 persons after deducting any costs incurred in making the
9 collection or any collection fee from the amount of any
10 recovery made. In both cases the order shall permit the
11 local governmental unit or the Illinois Department, as the
12 case may be, to direct the responsible relative or relatives
13 to make support payments directly to the needy person, or to
14 some person or agency in his behalf, upon removal of the
15 person from the public aid rolls or upon termination of
16 services under Article X.
17 If the notice of support due issued pursuant to Section
18 10-7 directs that support payments be made directly to the
19 needy person, or to some person or agency in his behalf, and
20 the recipient is removed from the public aid rolls, court
21 action may be taken against the responsible relative
22 hereunder if he fails to furnish support in accordance with
23 the terms of such notice.
24 Actions may also be brought under this Section in behalf
25 of any person who is in need of support from responsible
26 relatives, as defined in Section 2-11 of Article II who is
27 not an applicant for or recipient of financial aid under this
28 Code. In such instances, the State's Attorney of the county
29 in which such person resides shall bring action against the
30 responsible relatives hereunder. If the Illinois Department,
31 as authorized by Section 10-1, extends the support services
32 provided by this Article to spouses and dependent children
33 who are not applicants or recipients under this Code, the
34 Child and Spouse Support Unit established by Section 10-3.1
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1 shall bring action against the responsible relatives
2 hereunder and any support orders entered by the court in such
3 cases shall provide that payments thereunder be made directly
4 to the Illinois Department.
5 Whenever it is determined in a proceeding to establish or
6 enforce a child support or maintenance obligation that the
7 person owing a duty of support is unemployed, the court may
8 order the person to seek employment and report periodically
9 to the court with a diary, listing or other memorandum of his
10 or her efforts in accordance with such order. Additionally,
11 the court may order the unemployed person to report to the
12 Department of Employment Security for job search services or
13 to make application with the local Jobs Training Partnership
14 Act provider for participation in job search, training or
15 work programs and where the duty of support is owed to a
16 child receiving support services under this Article X, the
17 court may order the unemployed person to report to the
18 Illinois Department for participation in job search, training
19 or work programs established under Section 9-6 and Article
20 IXA of this Code.
21 Whenever it is determined that a person owes past-due
22 support for a child receiving assistance under this Code, the
23 court shall order at the request of the Illinois Department:
24 (1) that the person pay the past-due support in
25 accordance with a plan approved by the court; or
26 (2) if the person owing past-due support is
27 unemployed, is subject to such a plan, and is not
28 incapacitated, that the person participate in such job
29 search, training, or work programs established under
30 Section 9-6 and Article IXA of this Code as the court
31 deems appropriate.
32 A determination under this Section shall not be
33 administratively reviewable by the procedures specified in
34 Sections 10-12, and 10-13 to 10-13.10. Any determination
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1 under these Sections, if made the basis of court action under
2 this Section, shall not affect the de novo judicial
3 determination required under this Section.
4 A one-time charge of 20% is imposable upon the amount of
5 past-due child support owed on July 1, 1988 which has accrued
6 under a support order entered by the court. The charge shall
7 be imposed in accordance with the provisions of Section 10-21
8 of this Code and shall be enforced by the court upon
9 petition.
10 All orders for support, when entered or modified, shall
11 include a provision requiring the non-custodial parent to
12 notify the court and, in cases in which a party is receiving
13 child and spouse support services under this Article X, the
14 Illinois Department, within 7 days, (i) of the name, address,
15 and telephone number of any new employer of the non-custodial
16 parent, (ii) whether the non-custodial parent has access to
17 health insurance coverage through the employer or other group
18 coverage and, if so, the policy name and number and the names
19 of persons covered under the policy, and (iii) of any new
20 residential or mailing address or telephone number of the
21 non-custodial parent. In any subsequent action to enforce a
22 support order, upon a sufficient showing that a diligent
23 effort has been made to ascertain the location of the
24 non-custodial parent, service of process or provision of
25 notice necessary in the case may be made at the last known
26 address of the non-custodial parent in any manner expressly
27 provided by the Code of Civil Procedure or this Code, which
28 service shall be sufficient for purposes of due process.
29 in accordance with the Income Withholding for Support Act
30 An order for support shall include a date on which the
31 current support obligation terminates. The termination date
32 shall be no earlier than the date on which the child covered
33 by the order will attain the age of majority or is otherwise
34 emancipated. The order for support shall state that the
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1 termination date does not apply to any arrearage that may
2 remain unpaid on that date. Nothing in this paragraph shall
3 be construed to prevent the court from modifying the order.
4 Upon notification in writing or by electronic
5 transmission from the Illinois Department to the clerk of the
6 court that a person who is receiving support payments under
7 this Section is receiving services under the Child Support
8 Enforcement Program established by Title IV-D of the Social
9 Security Act, any support payments subsequently received by
10 the clerk of the court shall be transmitted in accordance
11 with the instructions of the Illinois Department until the
12 Illinois Department gives notice to the clerk of the court to
13 cease the transmittal. After providing the notification
14 authorized under this paragraph, the Illinois Department
15 shall be entitled as a party to notice of any further
16 proceedings in the case. The clerk of the court shall file a
17 copy of the Illinois Department's notification in the court
18 file. The clerk's failure to file a copy of the
19 notification in the court file shall not, however, affect the
20 Illinois Department's right to receive notice of further
21 proceedings.
22 Payments under this Section to the Illinois Department
23 pursuant to the Child Support Enforcement Program established
24 by Title IV-D of the Social Security Act shall be paid into
25 the Child Support Enforcement Trust Fund. All other payments
26 under this Section to the Illinois Department shall be
27 deposited in the Public Assistance Recoveries Trust Fund.
28 Disbursements from these funds shall be as provided in
29 Sections 12-9 and 12-10.2 of this Code. Payments received by
30 a local governmental unit shall be deposited in that unit's
31 General Assistance Fund.
32 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
33 90-655, eff. 7-30-98; 90-673, eff. 1-1-99; 90-790, eff.
34 8-14-98; revised 9-14-98.)
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1 (305 ILCS 5/10-17) (from Ch. 23, par. 10-17)
2 Sec. 10-17. Other Actions and Remedies for Support.) The
3 procedures, actions and remedies provided in this Article
4 shall in no way be exclusive, but shall be available in
5 addition to other actions and remedies of support, including,
6 but not by way of limitation, the remedies provided in (a)
7 the "Paternity Act", approved July 5, 1957, as amended; (b)
8 the "Non-Support of Spouse and Children Act", approved June
9 24, 1915, as amended; (b-5) the Non-Support Punishment Act;
10 and (c) the "Revised Uniform Reciprocal Enforcement of
11 Support Act", approved August 28, 1969, as amended.
12 (Source: P.A. 79-474.)
13 (305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
14 Sec. 10-19. (Support Payments Ordered Under Other Laws -
15 Where Deposited.) The Illinois Department and local
16 governmental units are authorized to receive payments
17 directed by court order for the support of recipients, as
18 provided in the following Acts:
19 1. "Non-Support of Spouse and Children Act", approved
20 June 24, 1915, as amended,
21 1.5. The Non-Support Punishment Act,
22 2. "Illinois Marriage and Dissolution of Marriage Act",
23 as now or hereafter amended,
24 3. The Illinois Parentage Act, as amended,
25 4. "Revised Uniform Reciprocal Enforcement of Support
26 Act", approved August 28, 1969, as amended,
27 5. The Juvenile Court Act or the Juvenile Court Act of
28 1987, as amended,
29 6. The "Unified Code of Corrections", approved July 26,
30 1972, as amended,
31 7. Part 7 of Article XII of the Code of Civil Procedure,
32 as amended,
33 8. Part 8 of Article XII of the Code of Civil Procedure,
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1 as amended, and
2 9. Other laws which may provide by judicial order for
3 direct payment of support moneys.
4 Payments under this Section to the Illinois Department
5 pursuant to the Child Support Enforcement Program established
6 by Title IV-D of the Social Security Act shall be paid into
7 the Child Support Enforcement Trust Fund. All other payments
8 under this Section to the Illinois Department shall be
9 deposited in the Public Assistance Recoveries Trust Fund.
10 Disbursements from these funds shall be as provided in
11 Sections 12-9 and 12-10.2 of this Code. Payments received by
12 a local governmental unit shall be deposited in that unit's
13 General Assistance Fund.
14 (Source: P.A. 86-1028.)
15 (305 ILCS 5/10-25)
16 Sec. 10-25. Administrative liens and levies on real
17 property for past-due child support.
18 (a) The State shall have a lien on all legal and
19 equitable interests of responsible relatives in their real
20 property in the amount of past-due child support owing
21 pursuant to an order for child support entered under Sections
22 10-10 and 10-11 of this Code, or under the Illinois Marriage
23 and Dissolution of Marriage Act, the Non-Support of Spouse
24 and Children Act, the Non-Support Punishment Act, the Uniform
25 Interstate Family Support Act, or the Illinois Parentage Act
26 of 1984.
27 (b) The Illinois Department shall provide by rule for
28 notice to and an opportunity to be heard by each responsible
29 relative affected, and any final administrative decision
30 rendered by the Illinois Department shall be reviewed only
31 under and in accordance with the Administrative Review Law.
32 (c) When enforcing a lien under subsection (a) of this
33 Section, the Illinois Department shall have the authority to
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1 execute notices of administrative liens and levies, which
2 shall contain the name and address of the responsible
3 relative, a legal description of the real property to be
4 levied, the fact that a lien is being claimed for past-due
5 child support, and such other information as the Illinois
6 Department may by rule prescribe. The Illinois Department
7 shall record the notice of lien with the recorder or
8 registrar of titles of the county or counties in which the
9 real estate is located.
10 (d) The State's lien under subsection (a) shall be
11 enforceable upon the recording or filing of a notice of lien
12 with the recorder or registrar of titles of the county or
13 counties in which the real estate is located. The lien shall
14 be prior to any lien thereafter recorded or filed and shall
15 be notice to a subsequent purchaser, assignor, or
16 encumbrancer of the existence and nature of the lien. The
17 lien shall be inferior to the lien of general taxes, special
18 assessment, and special taxes heretofore or hereafter levied
19 by any political subdivision or municipal corporation of the
20 State.
21 In the event that title to the land to be affected by the
22 notice of lien is registered under the Registered Titles
23 (Torrens) Act, the notice shall be filed in the office of the
24 registrar of titles as a memorial or charge upon each folium
25 of the register of titles affected by the notice; but the
26 State shall not have a preference over the rights of any bona
27 fide purchaser, mortgagee, judgment creditor, or other lien
28 holders registered prior to the registration of the notice.
29 (e) The recorder or registrar of titles of each county
30 shall procure a file labeled "Child Support Lien Notices" and
31 an index book labeled "Child Support Lien Notices". When
32 notice of any lien is presented to the recorder or registrar
33 of titles for filing, the recorder or registrar of titles
34 shall file it in numerical order in the file and shall enter
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1 it alphabetically in the index. The entry shall show the
2 name and last known address of the person named in the
3 notice, the serial number of the notice, the date and hour of
4 filing, and the amount of child support due at the time when
5 the lien is filed.
6 (f) The Illinois Department shall not be required to
7 furnish bond or make a deposit for or pay any costs or fees
8 of any court or officer thereof in any legal proceeding
9 involving the lien.
10 (g) To protect the lien of the State for past-due child
11 support, the Illinois Department may, from funds that are
12 available for that purpose, pay or provide for the payment of
13 necessary or essential repairs, purchase tax certificates,
14 pay balances due on land contracts, or pay or cause to be
15 satisfied any prior liens on the property to which the lien
16 hereunder applies.
17 (h) A lien on real property under this Section shall be
18 released pursuant to Section 12-101 of the Code of Civil
19 Procedure.
20 (i) The Illinois Department, acting in behalf of the
21 State, may foreclose the lien in a judicial proceeding to the
22 same extent and in the same manner as in the enforcement of
23 other liens. The process, practice, and procedure for the
24 foreclosure shall be the same as provided in the Code of
25 Civil Procedure.
26 (Source: P.A. 90-18, eff. 7-1-97.)
27 (305 ILCS 5/10-25.5)
28 Sec. 10-25.5. Administrative liens and levies on
29 personal property for past-due child support.
30 (a) The State shall have a lien on all legal and
31 equitable interests of responsible relatives in their
32 personal property, including any account in a financial
33 institution as defined in Section 10-24, or in the case of an
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1 insurance company or benefit association only in accounts as
2 defined in Section 10-24, in the amount of past-due child
3 support owing pursuant to an order for child support entered
4 under Sections 10-10 and 10-11 of this Code, or under the
5 Illinois Marriage and Dissolution of Marriage Act, the
6 Non-Support of Spouse and Children Act, the Non-Support
7 Punishment Act, the Uniform Interstate Family Support Act, or
8 the Illinois Parentage Act of 1984.
9 (b) The Illinois Department shall provide by rule for
10 notice to and an opportunity to be heard by each responsible
11 relative affected, and any final administrative decision
12 rendered by the Illinois Department shall be reviewed only
13 under and in accordance with the Administrative Review Law.
14 (c) When enforcing a lien under subsection (a) of this
15 Section, the Illinois Department shall have the authority to
16 execute notices of administrative liens and levies, which
17 shall contain the name and address of the responsible
18 relative, a description of the property to be levied, the
19 fact that a lien is being claimed for past-due child support,
20 and such other information as the Illinois Department may by
21 rule prescribe. The Illinois Department may serve the notice
22 of lien or levy upon any financial institution where the
23 accounts as defined in Section 10-24 of the responsible
24 relative may be held, for encumbrance or surrender of the
25 accounts as defined in Section 10-24 by the financial
26 institution.
27 (d) The Illinois Department shall enforce its lien
28 against the responsible relative's personal property, other
29 than accounts as defined in Section 10-24 in financial
30 institutions, and levy upon such personal property in the
31 manner provided for enforcement of judgments contained in
32 Article XII of the Code of Civil Procedure.
33 (e) The Illinois Department shall not be required to
34 furnish bond or make a deposit for or pay any costs or fees
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1 of any court or officer thereof in any legal proceeding
2 involving the lien.
3 (f) To protect the lien of the State for past-due child
4 support, the Illinois Department may, from funds that are
5 available for that purpose, pay or provide for the payment of
6 necessary or essential repairs, purchase tax certificates, or
7 pay or cause to be satisfied any prior liens on the property
8 to which the lien hereunder applies.
9 (g) A lien on personal property under this Section shall
10 be released in the manner provided under Article XII of the
11 Code of Civil Procedure. Notwithstanding the foregoing, a
12 lien under this Section on accounts as defined in Section
13 10-24 shall expire upon the passage of 120 days from the date
14 of issuance of the Notice of Lien or Levy by the Illinois
15 Department. However, the lien shall remain in effect during
16 the pendency of any appeal or protest.
17 (h) A lien created under this Section is subordinate to
18 any prior lien of the financial institution or any prior lien
19 holder or any prior right of set-off that the financial
20 institution may have against the assets, or in the case of an
21 insurance company or benefit association only in the accounts
22 as defined in Section 10-24.
23 (i) A financial institution has no obligation under this
24 Section to hold, encumber, or surrender the assets, or in the
25 case of an insurance company or benefit association only the
26 accounts as defined in Section 10-24, until the financial
27 institution has been properly served with a subpoena,
28 summons, warrant, court or administrative order, or
29 administrative lien and levy requiring that action.
30 (Source: P.A. 90-18, eff. 7-1-97.)
31 (305 ILCS 5/12-4.7c)
32 Sec. 12-4.7c. Exchange of information after July 1, 1997.
33 (a) The Department of Human Services shall exchange with
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1 the Illinois Department of Public Aid information that may be
2 necessary for the enforcement of child support orders entered
3 pursuant to Sections 10-10 and 10-11 of this Code or pursuant
4 to the Illinois Marriage and Dissolution of Marriage Act, the
5 Non-Support of Spouse and Children Act, the Non-Support
6 Punishment Act, the Revised Uniform Reciprocal Enforcement of
7 Support Act, the Uniform Interstate Family Support Act, or
8 the Illinois Parentage Act of 1984.
9 (b) Notwithstanding any provisions in this Code to the
10 contrary, the Department of Human Services shall not be
11 liable to any person for any disclosure of information to the
12 Illinois Department of Public Aid under subsection (a) or for
13 any other action taken in good faith to comply with the
14 requirements of subsection (a).
15 (Source: P.A. 90-18, eff. 7-1-97.)
16 (305 ILCS 5/12-12.1 new)
17 Sec. 12-12.1. World Wide Web page. The Illinois
18 Department of Public Aid shall create and maintain or cause
19 to be created and maintained one or more World Wide Web pages
20 containing information on selected individuals who are in
21 arrears in their child support obligations under an Illinois
22 court order or administrative order. The information
23 regarding each of the individuals shall include the
24 individual's name, a photograph if available, the amount of
25 the child support arrearage, and any other information deemed
26 appropriate by the Illinois Department in its discretion. The
27 individuals may be chosen by the Illinois Department using
28 criteria including, but not limited to, the amount of the
29 arrearage, the effect of inclusion of an individual upon the
30 likelihood of the individual's payment of an arrearage, the
31 motivational effect that inclusion of an individual may have
32 on the willingness of other individuals to pay their
33 arrearages, or the need to locate a particular individual.
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1 The Illinois Department shall make the page or pages
2 accessible to Internet users through the World Wide Web. The
3 Illinois Department, in its discretion, may change the
4 contents of the page or pages from time to time.
5 Before including information on the World Wide Web page
6 concerning an individual who owes past due support, the
7 Illinois Department shall, pursuant to rule, provide the
8 individual with notice and an opportunity to be heard. Any
9 final administrative decision rendered by the Illinois
10 Department shall be reviewed only under and in accordance
11 with the Administrative Review Law.
12 Section 940. The Vital Records Act is amended by
13 changing Section 24 as follows:
14 (410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24)
15 Sec. 24. (1) To protect the integrity of vital records,
16 to insure their proper use, and to insure the efficient and
17 proper administration of the vital records system, access to
18 vital records, and indexes thereof, including vital records
19 in the custody of local registrars and county clerks
20 originating prior to January 1, 1916, is limited to the
21 custodian and his employees, and then only for administrative
22 purposes, except that the indexes of those records in the
23 custody of local registrars and county clerks, originating
24 prior to January 1, 1916, shall be made available to persons
25 for the purpose of genealogical research. Original,
26 photographic or microphotographic reproductions of original
27 records of births 100 years old and older and deaths 50 years
28 old and older, and marriage records 75 years old and older on
29 file in the State Office of Vital Records and in the custody
30 of the county clerks may be made available for inspection in
31 the Illinois State Archives reference area, Illinois Regional
32 Archives Depositories, and other libraries approved by the
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1 Illinois State Registrar and the Director of the Illinois
2 State Archives, provided that the photographic or
3 microphotographic copies are made at no cost to the county or
4 to the State of Illinois. It is unlawful for any custodian
5 to permit inspection of, or to disclose information contained
6 in, vital records, or to copy or permit to be copied, all or
7 part of any such record except as authorized by this Act or
8 regulations adopted pursuant thereto.
9 (2) The State Registrar of Vital Records, or his agent,
10 and any municipal, county, multi-county, public health
11 district, or regional health officer recognized by the
12 Department may examine vital records for the purpose only of
13 carrying out the public health programs and responsibilities
14 under his jurisdiction.
15 (3) The State Registrar of Vital Records, may disclose,
16 or authorize the disclosure of, data contained in the vital
17 records when deemed essential for bona fide research purposes
18 which are not for private gain.
19 This amendatory Act of 1973 does not apply to any home
20 rule unit.
21 (4) The State Registrar shall exchange with the Illinois
22 Department of Public Aid information that may be necessary
23 for the establishment of paternity and the establishment,
24 modification, and enforcement of child support orders entered
25 pursuant to the Illinois Public Aid Code, the Illinois
26 Marriage and Dissolution of Marriage Act, the Non-Support of
27 Spouse and Children Act, the Non-Support Punishment Act, the
28 Revised Uniform Reciprocal Enforcement of Support Act, the
29 Uniform Interstate Family Support Act, or the Illinois
30 Parentage Act of 1984. Notwithstanding any provisions in this
31 Act to the contrary, the State Registrar shall not be liable
32 to any person for any disclosure of information to the
33 Illinois Department of Public Aid under this subsection or
34 for any other action taken in good faith to comply with the
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1 requirements of this subsection.
2 (Source: P.A. 90-18, eff. 7-1-97.)
3 Section 945. The Illinois Vehicle Code is amended by
4 changing Sections 2-109.1, 7-701, 7-702, 7-702.1, and 7-703
5 and by adding Sections 7-702.2, 7-705.1 and 7-706.1 as
6 follows:
7 (625 ILCS 5/2-109.1)
8 Sec. 2-109.1. Exchange of information.
9 (a) The Secretary of State shall exchange information
10 with the Illinois Department of Public Aid which may be
11 necessary for the establishment of paternity and the
12 establishment, modification, and enforcement of child support
13 orders pursuant to the Illinois Public Aid Code, the Illinois
14 Marriage and Dissolution of Marriage Act, the Non-Support of
15 Spouse and Children Act, the Non-Support Punishment Act, the
16 Revised Uniform Reciprocal Enforcement of Support Act, the
17 Uniform Interstate Family Support Act, or the Illinois
18 Parentage Act of 1984.
19 (b) Notwithstanding any provisions in this Code to the
20 contrary, the Secretary of State shall not be liable to any
21 person for any disclosure of information to the Illinois
22 Department of Public Aid under subsection (a) or for any
23 other action taken in good faith to comply with the
24 requirements of subsection (a).
25 (Source: P.A. 90-18, eff. 7-1-97.)
26 (625 ILCS 5/7-701)
27 Sec. 7-701. Findings and purpose. The General Assembly
28 finds that the timely receipt of adequate financial support
29 has the effect of reducing poverty and State expenditures for
30 welfare dependency among children, and that the timely
31 payment of adequate child support demonstrates financial
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1 responsibility. Further, the General Assembly finds that the
2 State has a compelling interest in ensuring that drivers
3 within the State demonstrate financial responsibility,
4 including family financial responsibility, in order to safely
5 own and operate a motor vehicle. To this end, the Secretary
6 of State is authorized to establish systems a system to
7 suspend driver's licenses for failure to comply with court
8 orders of support.
9 (Source: P.A. 89-92, eff. 7-1-96.)
10 (625 ILCS 5/7-702)
11 Sec. 7-702. Suspension of driver's license for failure
12 to pay child support.
13 (a) The Secretary of State shall suspend the driver's
14 license issued to an obligor upon receiving an authenticated
15 report provided for in subsection (a) of Section 7-703, that
16 the person is 90 days or more delinquent in court ordered
17 child support payments or has been adjudicated in arrears in
18 an amount equal to 90 days obligation or more, and has been
19 found in contempt by the court for failure to pay the
20 support.
21 (b) The circuit court shall certify in an authenticated
22 report to the Secretary of State, as provided in subsection
23 (b) of Section 7-703, when an obligor is 90 days or more
24 delinquent in court ordered child support payments or has
25 been adjudicated in arrears in an amount equal to 90 days
26 obligation or more but has not been found in contempt of
27 court. Upon receiving a certification from the circuit court
28 under this subsection (b), the Secretary of State shall
29 suspend the obligor's driver's license until such time as the
30 obligor becomes current in the support obligation.
31 (Source: P.A. 89-92, eff. 7-1-96.)
32 (625 ILCS 5/7-702.1)
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1 Sec. 7-702.1. Family financial responsibility driving
2 permits. Following the entry of an order that an obligor has
3 been found in contempt by the court for failure to pay court
4 ordered child support payments or upon a motion by the
5 obligor who has had his or her driver's license suspended
6 pursuant to subsection (b) of Section 7-702, the court may
7 enter an order directing the Secretary of State to issue a
8 family financial responsibility driving permit for the
9 purpose of providing the obligor the privilege of operating a
10 motor vehicle between the obligor's residence and place of
11 employment, or within the scope of employment related duties;
12 or for the purpose of providing transportation for the
13 obligor or a household member to receive alcohol treatment,
14 other drug treatment, or medical care. The court may enter
15 an order directing the issuance of a permit only if the
16 obligor has proven to the satisfaction of the court that no
17 alternative means of transportation are reasonably available
18 for the above stated purposes. No permit shall be issued to
19 a person under the age of 16 years who possesses an
20 instruction permit.
21 Upon entry of an order granting the issuance of a permit
22 to an obligor, the court shall report this finding to the
23 Secretary of State on a form prescribed by the Secretary.
24 This form shall state whether the permit has been granted for
25 employment or medical purposes and the specific days and
26 hours for which limited driving privileges have been granted.
27 The family financial responsibility driving permit shall
28 be subject to cancellation, invalidation, suspension, and
29 revocation by the Secretary of State in the same manner and
30 for the same reasons as a driver's license may be cancelled,
31 invalidated, suspended, or revoked.
32 The Secretary of State shall, upon receipt of a certified
33 court order from the court of jurisdiction, issue a family
34 financial responsibility driving permit. In order for this
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1 permit to be issued, an individual's driving privileges must
2 be valid except for the family financial responsibility
3 suspension. This permit shall be valid only for employment
4 and medical purposes as set forth above. The permit shall
5 state the days and hours for which limited driving privileges
6 have been granted.
7 Any submitted court order that contains insufficient data
8 or fails to comply with any provision of this Code shall not
9 be used for issuance of the permit or entered to the
10 individual's driving record but shall be returned to the
11 court of jurisdiction indicating why the permit cannot be
12 issued at that time. The Secretary of State shall also send
13 notice of the return of the court order to the individual
14 requesting the permit.
15 (Source: P.A. 89-92, eff. 7-1-96; 90-369, eff. 1-1-98.)
16 (625 ILCS 5/7-702.2 new)
17 Sec. 7-702.2. Written agreement to pay past-due support.
18 (a) An obligor who is presently unable to pay all
19 past-due support and is subject to having his or her license
20 suspended pursuant to subsection (b) of Section 7-702 may
21 come into compliance with the court order for support by
22 executing a written payment agreement that is approved by the
23 court and by complying with that agreement. A condition of a
24 written payment agreement must be that the obligor pay the
25 current child support when due. Before a written payment
26 agreement is executed, the obligor shall:
27 (1) Disclose fully to the court in writing, on a
28 form prescribed by the court, the obligor's financial
29 circumstances, including income from all sources, assets,
30 liabilities, and work history for the past year; and
31 (2) Provide documentation to the court concerning
32 the obligor's financial circumstances, including copies
33 of the most recent State and federal income tax returns,
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1 both personal and business; a copy of a recent pay stub
2 representative of a current income; and copies of other
3 records that show the obligor's income and the present
4 level of assets held by the obligor.
5 (b) After full disclosure, the court may determine the
6 obligor's ability to pay past-due support and may approve a
7 written payment agreement consistent with the obligor's
8 ability to pay, not to exceed the court-ordered support.
9 (625 ILCS 5/7-703)
10 Sec. 7-703. Courts to report non-payment of court
11 ordered support.
12 (a) The clerk of the circuit court, as provided in
13 subsection (b) of Section 7-702 of this Act and subsection
14 (b) of Section 505 of the Illinois Marriage and Dissolution
15 of Marriage Act or as provided in Section 15 of the Illinois
16 Parentage Act of 1984, shall forward to the Secretary of
17 State, on a form prescribed by the Secretary, an
18 authenticated document certifying the court's order
19 suspending the driving privileges of the obligor. For any
20 such certification, the clerk of the court shall charge the
21 obligor a fee of $5 as provided in the Clerks of Courts Act.
22 (b) If an obligor is 90 days or more delinquent in court
23 ordered child support payments or has been adjudicated in
24 arrears in an amount equal to 90 days obligation or more but
25 has not been held in contempt of court, the circuit court
26 shall forward to the Secretary of State an authenticated
27 document certifying that an obligor is 90 days or more
28 delinquent in court ordered child support payments or has
29 been adjudicated in arrears in an amount equal to 90 days
30 obligation or more.
31 (Source: P.A. 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.)
32 (625 ILCS 5/7-705.1 new)
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1 Sec. 7-705.1. Notice of noncompliance with support
2 order. Before forwarding to the Secretary of State the
3 authenticated report under subsection (b) of Section 7-703,
4 the circuit court must serve notice upon the obligor of its
5 intention to certify the obligor to the Secretary of State as
6 an individual who is not in compliance with an order of
7 support. The notice must inform the obligor that:
8 (a) If the obligor is presently unable to pay all
9 past-due support, the obligor may come into compliance with
10 the support order by executing a written payment agreement
11 with the court, as provided in Section 7-702.2, and by
12 complying with that agreement;
13 (b) The obligor may contest the issue of compliance at a
14 hearing;
15 (c) A request for a hearing must be made in writing and
16 must be received by the clerk of the circuit court;
17 (d) If the obligor does not request a hearing to contest
18 the issue of compliance, the obligor's driver's license shall
19 be suspended on the 45th day following the date of mailing of
20 the notice of noncompliance;
21 (e) If the circuit court certifies the obligor to the
22 Secretary of State for noncompliance with an order of
23 support, the Secretary of State must suspend any driver's
24 license or instruction permit the obligor holds and the
25 obligor's right to apply for or obtain a driver's license or
26 instruction permit until the obligor comes into compliance
27 with the order of support;
28 (f) If the obligor files a motion to modify support with
29 the court or requests the court to modify a support
30 obligation, the circuit court shall stay action to certify
31 the obligor to the Secretary of State for noncompliance with
32 an order of support; and
33 (g) The obligor may comply with an order of support by
34 doing all of the following:
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1 (1) Paying the current support;
2 (2) Paying all past-due support or, if unable to
3 pay all past-due support and a periodic payment for past
4 due support has not been ordered by the court, by making
5 periodic payments in accordance with a written payment
6 agreement approved by the court; and
7 (3) Meeting the obligor's health insurance
8 obligation.
9 The notice must include the address and telephone number
10 of the clerk of the circuit court. The clerk of the circuit
11 court shall attach a copy of the obligor's order of support
12 to the notice. The notice must be served by certified mail,
13 return receipt requested, by service in hand, or as specified
14 in the Code of Civil Procedure.
15 (625 ILCS 5/7-706.1 new)
16 Sec. 7-706.1. Hearing for compliance with support order.
17 (a) An obligor may request in writing to the clerk of
18 the circuit court a hearing to contest the claim of
19 noncompliance with an order of support and his or her
20 subsequent driver's license suspension under subsection (b)
21 of Section 7-702.
22 (b) If a written request for a hearing is received by
23 the clerk of the circuit court, the clerk of the circuit
24 court shall set the hearing before the circuit court.
25 (c) Upon the obligor's written request, the court must
26 set a date for a hearing and afford the obligor an
27 opportunity for a hearing as early as practical.
28 (d) The scope of this hearing is limited to the
29 following issues:
30 (1) Whether the obligor is required to pay child
31 support under an order of support.
32 (2) Whether the obligor is 90 days or more
33 delinquent in court ordered child support payments or has
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1 been adjudicated in arrears in an amount equal to 90 days
2 obligation or more.
3 (3) Any additional issues raised by the obligor,
4 including the reasonableness of a payment agreement in
5 light of the obligor's current financial circumstances,
6 to be preserved for appeal.
7 (e) All hearings and hearing procedures shall comply
8 with requirements of the Illinois Constitution and the United
9 States Constitution, so that no person is deprived of due
10 process of law nor denied equal protection of the laws. All
11 hearings shall be held before a judge of the circuit court in
12 the county in which the support order has been entered.
13 Appropriate records of the hearings shall be kept. Where a
14 transcript of the hearing is taken, the person requesting the
15 hearing shall have the opportunity to order a copy of the
16 transcript at his or her own expense.
17 (f) The action of the circuit court resulting in the
18 suspension of any driver's license shall be a final judgment
19 for purposes of appellate review.
20 Section 950. The Clerks of Courts Act is amended by
21 adding Section 15.1 as follows:
22 (705 ILCS 105/15.1 new)
23 Sec. 15.1. Child support information. The clerks of the
24 circuit courts may, upon request, cooperate with and supply
25 information to counties and municipalities wishing to create
26 and maintain World Wide Web pages containing information on
27 individuals who are in arrears in their child support
28 obligations and have been found to be in contempt of court as
29 a result of the existence of that arrearage.
30 Section 955. The Unified Code of Corrections is amended
31 by changing Section 3-5-4 as follows:
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1 (730 ILCS 5/3-5-4)
2 Sec. 3-5-4. Exchange of information for child support
3 enforcement.
4 (a) The Department shall exchange with the Illinois
5 Department of Public Aid information that may be necessary
6 for the enforcement of child support orders entered pursuant
7 to the Illinois Public Aid Code, the Illinois Marriage and
8 Dissolution of Marriage Act, the Non-Support of Spouse and
9 Children Act, the Non-Support Punishment Act, the Revised
10 Uniform Reciprocal Enforcement of Support Act, the Uniform
11 Interstate Family Support Act, or the Illinois Parentage Act
12 of 1984.
13 (b) Notwithstanding any provisions in this Code to the
14 contrary, the Department shall not be liable to any person
15 for any disclosure of information to the Illinois Department
16 of Public Aid under subsection (a) or for any other action
17 taken in good faith to comply with the requirements of
18 subsection (a).
19 (Source: P.A. 90-18, eff. 1-1-97.)
20 Section 960. The Code of Civil Procedure is amended by
21 changing Sections 2-1403 and 12-819 as follows:
22 (735 ILCS 5/2-1403) (from Ch. 110, par. 2-1403)
23 Sec. 2-1403. Judgment debtor as beneficiary of trust. No
24 court, except as otherwise provided in this Section, shall
25 order the satisfaction of a judgment out of any property held
26 in trust for the judgment debtor if such trust has, in good
27 faith, been created by, or the fund so held in trust has
28 proceeded from, a person other than the judgment debtor.
29 The income or principal of a trust shall be subject to
30 withholding for the purpose of securing collection of unpaid
31 child support obligations owed by the beneficiary as provided
32 in Section 4.1 of the "Non-Support of Spouse and Children
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1 Act", Section 22 of the Non-Support Punishment Act, and
2 similar Sections of other Acts which provide for support of a
3 child as follows:
4 (1) income may be withheld if the beneficiary is
5 entitled to a specified dollar amount or percentage of the
6 income of the trust, or is the sole income beneficiary; and
7 (2) principal may be withheld if the beneficiary has a
8 right to withdraw principal, but not in excess of the amount
9 subject to withdrawal under the instrument, or if the
10 beneficiary is the only beneficiary to whom discretionary
11 payments of principal may be made by the trustee.
12 (Source: P.A. 85-1209.)
13 (735 ILCS 5/12-819) (from Ch. 110, par. 12-819)
14 Sec. 12-819. Limitations on part 8 of Article XII. The
15 provisions of this Part 8 of Article XII of this Act do not
16 apply to orders for withholding of income entered by the
17 court under provisions of The Illinois Public Aid Code, the
18 Illinois Marriage and Dissolution of Marriage Act, the
19 Non-Support of Spouse and Children Act, the Non-Support
20 Punishment Act, the Revised Uniform Reciprocal Enforcement of
21 Support Act and the Paternity Act for support of a child or
22 maintenance of a spouse.
23 (Source: P.A. 84-1043.)
24 Section 965. The Illinois Wage Assignment Act is amended
25 by changing Section 11 as follows:
26 (740 ILCS 170/11) (from Ch. 48, par. 39.12)
27 Sec. 11. The provisions of this Act do not apply to
28 orders for withholding of income entered by the court under
29 provisions of The Illinois Public Aid Code, the Illinois
30 Marriage and Dissolution of Marriage Act, the Non-Support of
31 Spouse and Children Act, the Non-Support Punishment Act, the
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1 Revised Uniform Reciprocal Enforcement of Support Act and the
2 Paternity Act for support of a child or maintenance of a
3 spouse.
4 (Source: P.A. 83-658.)
5 Section 970. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Sections 505 and 713 and
7 by adding Sections 714 and 715 as follows:
8 (750 ILCS 5/505) (from Ch. 40, par. 505)
9 Sec. 505. Child support; contempt; penalties.
10 (a) In a proceeding for dissolution of marriage, legal
11 separation, declaration of invalidity of marriage, a
12 proceeding for child support following dissolution of the
13 marriage by a court which lacked personal jurisdiction over
14 the absent spouse, a proceeding for modification of a
15 previous order for child support under Section 510 of this
16 Act, or any proceeding authorized under Section 501 or 601 of
17 this Act, the court may order either or both parents owing a
18 duty of support to a child of the marriage to pay an amount
19 reasonable and necessary for his support, without regard to
20 marital misconduct. The duty of support owed to a minor
21 child includes the obligation to provide for the reasonable
22 and necessary physical, mental and emotional health needs of
23 the child.
24 (1) The Court shall determine the minimum amount of
25 support by using the following guidelines:
26 Number of Children Percent of Supporting Party's
27 Net Income
28 1 20%
29 2 25%
30 3 32%
31 4 40%
32 5 45%
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1 6 or more 50%
2 (2) The above guidelines shall be applied in each
3 case unless the court makes a finding that application of
4 the guidelines would be inappropriate, after considering
5 the best interests of the child in light of evidence
6 including but not limited to one or more of the following
7 relevant factors:
8 (a) the financial resources and needs of the
9 child;
10 (b) the financial resources and needs of the
11 custodial parent;
12 (c) the standard of living the child would
13 have enjoyed had the marriage not been dissolved;
14 (d) the physical and emotional condition of
15 the child, and his educational needs; and
16 (e) the financial resources and needs of the
17 non-custodial parent.
18 If the court deviates from the guidelines, the
19 court's finding shall state the amount of support that
20 would have been required under the guidelines, if
21 determinable. The court shall include the reason or
22 reasons for the variance from the guidelines.
23 (3) "Net income" is defined as the total of all
24 income from all sources, minus the following deductions:
25 (a) Federal income tax (properly calculated
26 withholding or estimated payments);
27 (b) State income tax (properly calculated
28 withholding or estimated payments);
29 (c) Social Security (FICA payments);
30 (d) Mandatory retirement contributions
31 required by law or as a condition of employment;
32 (e) Union dues;
33 (f) Dependent and individual
34 health/hospitalization insurance premiums;
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1 (g) Prior obligations of support or
2 maintenance actually paid pursuant to a court order;
3 (h) Expenditures for repayment of debts that
4 represent reasonable and necessary expenses for the
5 production of income, medical expenditures necessary
6 to preserve life or health, reasonable expenditures
7 for the benefit of the child and the other parent,
8 exclusive of gifts. The court shall reduce net
9 income in determining the minimum amount of support
10 to be ordered only for the period that such payments
11 are due and shall enter an order containing
12 provisions for its self-executing modification upon
13 termination of such payment period.
14 (4) In cases where the court order provides for
15 health/hospitalization insurance coverage pursuant to
16 Section 505.2 of this Act, the premiums for that
17 insurance, or that portion of the premiums for which the
18 supporting party is responsible in the case of insurance
19 provided through an employer's health insurance plan
20 where the employer pays a portion of the premiums, shall
21 be subtracted from net income in determining the minimum
22 amount of support to be ordered.
23 (4.5) In a proceeding for child support following
24 dissolution of the marriage by a court that lacked
25 personal jurisdiction over the absent spouse, and in
26 which the court is requiring payment of support for the
27 period before the date an order for current support is
28 entered, there is a rebuttable presumption that the
29 supporting party's net income for the prior period was
30 the same as his or her net income at the time the order
31 for current support is entered.
32 (5) If the net income cannot be determined because
33 of default or any other reason, the court shall order
34 support in an amount considered reasonable in the
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1 particular case. The final order in all cases shall
2 state the support level in dollar amounts.
3 (6) If (i) the non-custodial parent was properly
4 served with a request for discovery of financial
5 information relating to the non-custodial parent's
6 ability to provide child support, (ii) the non-custodial
7 parent failed to comply with the request, despite having
8 been ordered to do so by the court, and (iii) the
9 non-custodial parent is not present at the hearing to
10 determine support despite having received proper notice,
11 then any relevant financial information concerning the
12 non-custodial parent's ability to provide child support
13 that was obtained pursuant to subpoena and proper notice
14 shall be admitted into evidence without the need to
15 establish any further foundation for its admission.
16 (b) Failure of either parent to comply with an order to
17 pay support shall be punishable as in other cases of
18 contempt. In addition to other penalties provided by law the
19 Court may, after finding the parent guilty of contempt, order
20 that the parent be:
21 (1) placed on probation with such conditions of
22 probation as the Court deems advisable;
23 (2) sentenced to periodic imprisonment for a period
24 not to exceed 6 months; provided, however, that the Court
25 may permit the parent to be released for periods of time
26 during the day or night to:
27 (A) work; or
28 (B) conduct a business or other self-employed
29 occupation.
30 The Court may further order any part or all of the
31 earnings of a parent during a sentence of periodic
32 imprisonment paid to the Clerk of the Circuit Court or to the
33 parent having custody or to the guardian having custody of
34 the minor children of the sentenced parent for the support of
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1 said minor children until further order of the Court.
2 If there is a unity of interest and ownership sufficient
3 to render no financial separation between a non-custodial
4 parent and another person or persons or business entity, the
5 court may pierce the ownership veil of the person, persons,
6 or business entity to discover assets of the non-custodial
7 parent held in the name of that person, those persons, or
8 that business entity. The following circumstances are
9 sufficient to authorize a court to order discovery of the
10 assets of a person, persons, or business entity and to compel
11 the application of any discovered assets toward payment on
12 the judgment for support:
13 (1) the non-custodial parent and the person,
14 persons, or business entity maintain records together.
15 (2) the non-custodial parent and the person,
16 persons, or business entity fail to maintain an arms
17 length relationship between themselves with regard to any
18 assets.
19 (3) the non-custodial parent transfers assets to
20 the person, persons, or business entity with the intent
21 to perpetrate a fraud on the custodial parent.
22 With respect to assets which are real property, no order
23 entered under this paragraph shall affect the rights of bona
24 fide purchasers, mortgagees, judgment creditors, or other
25 lien holders who acquire their interests in the property
26 prior to the time a notice of lis pendens pursuant to the
27 Code of Civil Procedure or a copy of the order is placed of
28 record in the office of the recorder of deeds for the county
29 in which the real property is located.
30 The court may also order in cases where the parent is 90
31 days or more delinquent in payment of support or has been
32 adjudicated in arrears in an amount equal to 90 days
33 obligation or more, that the parent's Illinois driving
34 privileges be suspended until the court determines that the
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1 parent is in compliance with the order of support. The court
2 may also order that the parent be issued a family financial
3 responsibility driving permit that would allow limited
4 driving privileges for employment and medical purposes in
5 accordance with Section 7-702.1 of the Illinois Vehicle Code.
6 The clerk of the circuit court shall certify the order
7 suspending the driving privileges of the parent or granting
8 the issuance of a family financial responsibility driving
9 permit to the Secretary of State on forms prescribed by the
10 Secretary. Upon receipt of the authenticated documents, the
11 Secretary of State shall suspend the parent's driving
12 privileges until further order of the court and shall, if
13 ordered by the court, subject to the provisions of Section
14 7-702.1 of the Illinois Vehicle Code, issue a family
15 financial responsibility driving permit to the parent.
16 In addition to the penalties or punishment that may be
17 imposed under this Section, any person whose conduct
18 constitutes a violation of Section 1 of the Non-Support of
19 Spouse and Children Act may be prosecuted under that Section,
20 and a person convicted under that Section may be sentenced in
21 accordance with that Section. The sentence may include but
22 need not be limited to a requirement that the person perform
23 community service under subsection (b) of that Section or
24 participate in a work alternative program under subsection
25 (c) of that Section. A person may not be required to
26 participate in a work alternative program under subsection
27 (c) of that Section if the person is currently participating
28 in a work program pursuant to Section 505.1 of this Act.
29 (c) A one-time charge of 20% is imposable upon the
30 amount of past-due child support owed on July 1, 1988 which
31 has accrued under a support order entered by the court. The
32 charge shall be imposed in accordance with the provisions of
33 Section 10-21 of the Illinois Public Aid Code and shall be
34 enforced by the court upon petition.
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1 (d) Any new or existing support order entered by the
2 court under this Section shall be deemed to be a series of
3 judgments against the person obligated to pay support
4 thereunder, each such judgment to be in the amount of each
5 payment or installment of support and each such judgment to
6 be deemed entered as of the date the corresponding payment or
7 installment becomes due under the terms of the support order.
8 Each such judgment shall have the full force, effect and
9 attributes of any other judgment of this State, including the
10 ability to be enforced. A lien arises by operation of law
11 against the real and personal property of the noncustodial
12 parent for each installment of overdue support owed by the
13 noncustodial parent.
14 (e) When child support is to be paid through the clerk
15 of the court in a county of 1,000,000 inhabitants or less,
16 the order shall direct the obligor to pay to the clerk, in
17 addition to the child support payments, all fees imposed by
18 the county board under paragraph (3) of subsection (u) of
19 Section 27.1 of the Clerks of Courts Act. Unless paid in
20 cash or pursuant to an order for withholding, the payment of
21 the fee shall be by a separate instrument from the support
22 payment and shall be made to the order of the Clerk.
23 (f) All orders for support, when entered or modified,
24 shall include a provision requiring the obligor to notify the
25 court and, in cases in which a party is receiving child and
26 spouse services under Article X of the Illinois Public Aid
27 Code, the Illinois Department of Public Aid, within 7 days,
28 (i) of the name and address of any new employer of the
29 obligor, (ii) whether the obligor has access to health
30 insurance coverage through the employer or other group
31 coverage and, if so, the policy name and number and the names
32 of persons covered under the policy, and (iii) of any new
33 residential or mailing address or telephone number of the
34 non-custodial parent. In any subsequent action to enforce a
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1 support order, upon a sufficient showing that a diligent
2 effort has been made to ascertain the location of the
3 non-custodial parent, service of process or provision of
4 notice necessary in the case may be made at the last known
5 address of the non-custodial parent in any manner expressly
6 provided by the Code of Civil Procedure or this Act, which
7 service shall be sufficient for purposes of due process.
8 (g) 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 that
13 the termination date does not apply to any arrearage that may
14 remain unpaid on that date. Nothing in this subsection shall
15 be construed to prevent the court from 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 except when the court finds that the physical, mental, or
33 emotional health of a party or that of a minor child, or
34 both, would be seriously endangered by disclosure of the
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1 party's address.
2 (Source: P.A. 89-88, eff. 6-30-95; 89-92, eff. 7-1-96;
3 89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
4 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-733, eff.
5 8-11-98.)
6 (750 ILCS 5/713) (from Ch. 40, par. 713)
7 Sec. 713. Attachment of the Body. As used in this
8 Section, "obligor" has the same meaning ascribed to such term
9 in the Income Withholding for Support Act.
10 (a) In any proceeding to enforce an order for support,
11 where the obligor has failed to appear in court pursuant to
12 order of court and after due notice thereof, the court may
13 enter an order for the attachment of the body of the obligor.
14 Notices under this Section shall be served upon the obligor
15 either (1) by prepaid certified mail with delivery restricted
16 to the obligor, or (2) by personal service on the obligor.
17 The attachment order shall fix an amount of escrow which is
18 equal to a minimum of 20% of the total child support
19 arrearage alleged by the obligee in sworn testimony to be due
20 and owing. The attachment order shall direct the Sheriff of
21 any county in Illinois to take the obligor into custody and
22 shall set the number of days following release from custody
23 for a hearing to be held at which the obligor must appear, if
24 he is released under subsection (c) of this Section.
25 (b) If the obligor is taken into custody, the Sheriff
26 shall take the obligor before the court which entered the
27 attachment order. However, the Sheriff may release the
28 person after he or she has deposited the amount of escrow
29 ordered by the court pursuant to local procedures for the
30 posting of bond. The Sheriff shall advise the obligor of the
31 hearing date at which the obligor is required to appear.
32 (c) Any escrow deposited pursuant to this Section shall
33 be transmitted to the Clerk of the Circuit Court for the
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1 county in which the order for attachment of the body of the
2 obligor was entered. Any Clerk who receives money deposited
3 into escrow pursuant to this Section shall notify the
4 obligee, public office or legal counsel whose name appears on
5 the attachment order of the court date at which the obligor
6 is required to appear and the amount deposited into escrow.
7 The Clerk shall disburse such money to the obligee only under
8 an order from the court that entered the attachment order
9 pursuant to this Section.
10 (d) Whenever an obligor is taken before the court by the
11 Sheriff, or appears in court after the court has ordered the
12 attachment of his body, the court shall:
13 (1) hold a hearing on the complaint or petition
14 that gave rise to the attachment order. For purposes of
15 determining arrearages that are due and owing by the
16 obligor, the court shall accept the previous sworn
17 testimony of the obligee as true and the appearance of
18 the obligee shall not be required. The court shall
19 require sworn testimony of the obligor as to his or her
20 Social Security number, income, employment, bank
21 accounts, property and any other assets. If there is a
22 dispute as to the total amount of arrearages, the court
23 shall proceed as in any other case as to the undisputed
24 amounts; and
25 (2) order the Clerk of the Circuit Court to
26 disburse to the obligee or public office money held in
27 escrow pursuant to this Section if the court finds that
28 the amount of arrearages exceeds the amount of the
29 escrow. Amounts received by the obligee or public office
30 shall be deducted from the amount of the arrearages.
31 (e) If the obligor fails to appear in court after being
32 notified of the court date by the Sheriff upon release from
33 custody, the court shall order any monies deposited into
34 escrow to be immediately released to the obligee or public
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1 office and shall proceed under subsection (a) of this Section
2 by entering another order for the attachment of the body of
3 the obligor.
4 (f) This Section shall apply to any order for support
5 issued under the "Illinois Marriage and Dissolution of
6 Marriage Act", approved September 22, 1977, as amended; the
7 "Illinois Parentage Act of 1984", effective July 1, 1985, as
8 amended; the "Revised Uniform Reciprocal Enforcement of
9 Support Act", approved August 28, 1969, as amended; "The
10 Illinois Public Aid Code", approved April 11, 1967, as
11 amended; the Non-Support Punishment Act; and the "Non-support
12 of Spouse and Children Act", approved June 8, 1953, as
13 amended.
14 (g) Any escrow established pursuant to this Section for
15 the purpose of providing support shall not be subject to fees
16 collected by the Clerk of the Circuit Court for any other
17 escrow.
18 (Source: P.A. 90-673, eff. 1-1-99.)
19 (750 ILCS 5/714 new)
20 Sec. 714. Willful default on support; penalties.
21 Beginning on the effective date of this amendatory Act of the
22 91st General Assembly, a person who willfully defaults on an
23 order for child support issued by an Illinois court may be
24 subject to summary criminal contempt proceedings.
25 Each State agency, as defined in the Illinois State
26 Auditing Act, shall suspend a license or certificate issued
27 by that agency to a person found guilty of criminal contempt
28 under this Section. The suspension shall remain in effect
29 until all defaults on an order for child support are
30 satisfied.
31 This Section applies to an order for child support issued
32 under the Illinois Public Aid Code, the Illinois Marriage and
33 Dissolution of Marriage Act, the Illinois Parentage Act of
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1 1984, and the Revised Uniform Reciprocal Enforcement of
2 Support Act.
3 (750 ILCS 5/715 new)
4 Sec. 715. Information to locate obligors. As used in
5 this Section, "obligor" is an individual who owes a duty to
6 make payments under an order for child support. The State's
7 attorney or any other appropriate State official may request
8 and shall receive information from employers, telephone
9 companies, and utility companies to locate an obligor who has
10 defaulted on child support payments.
11 Section 975. The Uniform Interstate Family Support Act
12 is amended by changing Section 101 as follows:
13 (750 ILCS 22/101)
14 Sec. 101. Definitions. In this Act:
15 "Child" means an individual, whether over or under the
16 age of 18, who is or is alleged to be owed a duty of support
17 by the individual's parent or who is or is alleged to be the
18 beneficiary of a support order directed to the parent.
19 "Child-support order" means a support order for a child,
20 including a child who has attained the age of 18.
21 "Duty of support" means an obligation imposed or
22 imposable by law to provide support for a child, spouse, or
23 former spouse including an unsatisfied obligation to provide
24 support.
25 "Home state" means the state in which a child lived with
26 a parent or a person acting as parent for at least 6
27 consecutive months immediately preceding the time of filing
28 of a petition or comparable pleading for support, and if a
29 child is less than 6 months old, the state in which the child
30 lived from birth with any of them. A period of temporary
31 absence of any of them is counted as part of the 6-month or
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1 other period.
2 "Income" includes earnings or other periodic entitlements
3 to money from any source and any other property subject to
4 withholding for support under the law of this State.
5 "Income-withholding order" means an order or other legal
6 process directed to an obligor's employer or other debtor, as
7 defined by the Illinois Marriage and Dissolution of Marriage
8 Act, the Non-Support of Spouse and Children Act, the
9 Non-Support Punishment Act, the Illinois Public Aid Code, and
10 the Illinois Parentage Act of 1984, to withhold support from
11 the income of the obligor.
12 "Initiating state" means a state from which a proceeding
13 is forwarded or in which a proceeding is filed for forwarding
14 to a responding state under this Act or a law or procedure
15 substantially similar to this Act.
16 "Initiating tribunal" means the authorized tribunal in an
17 initiating state.
18 "Issuing state" means the state in which a tribunal
19 issues a support order or renders a judgment determining
20 parentage.
21 "Issuing tribunal" means the tribunal that issues a
22 support order or renders a judgment determining parentage.
23 "Obligee" means:
24 (i) an individual to whom a duty of support is or
25 is alleged to be owed or in whose favor a support order
26 has been issued or a judgment determining parentage has
27 been rendered;
28 (ii) a state or political subdivision to which the
29 rights under a duty of support or support order have been
30 assigned or which has independent claims based on
31 financial assistance provided to an individual obligee;
32 or
33 (iii) an individual seeking a judgment determining
34 parentage of the individual's child.
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1 "Obligor" means an individual, or the estate of a
2 decedent: (i) who owes or is alleged to owe a duty of
3 support; (ii) who is alleged but has not been adjudicated to
4 be a parent of a child; or (iii) who is liable under a
5 support order.
6 "Register" means to record a support order or judgment
7 determining parentage in the appropriate Registry of Foreign
8 Support Orders.
9 "Registering tribunal" means a tribunal in which a
10 support order is registered.
11 "Responding state" means a state in which a proceeding is
12 filed or to which a proceeding is forwarded for filing from
13 an initiating state under this Act or a law or procedure
14 substantially similar to this Act.
15 "Responding tribunal" means the authorized tribunal in a
16 responding state.
17 "Spousal-support order" means a support order for a
18 spouse or former spouse of the obligor.
19 "State" means a state of the United States, the District
20 of Columbia, Puerto Rico, the United States Virgin Islands,
21 or any territory or insular possession subject to the
22 jurisdiction of the United States. The term includes:
23 (i) an Indian tribe; and
24 (ii) a foreign jurisdiction that has enacted a law
25 or established procedures for issuance and enforcement of
26 support orders which are substantially similar to the
27 procedures under this Act, the Uniform Reciprocal
28 Enforcement of Support Act, or the Revised Uniform
29 Reciprocal Enforcement of Support Act.
30 "Support enforcement agency" means a public official or
31 agency authorized to seek:
32 (1) enforcement of support orders or laws relating to
33 the duty of support;
34 (2) establishment or modification of child support;
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1 (3) determination of parentage; or
2 (4) to locate obligors or their assets.
3 "Support order" means a judgment, decree, or order,
4 whether temporary, final, or subject to modification, for the
5 benefit of a child, a spouse, or a former spouse, which
6 provides for monetary support, health care, arrearages, or
7 reimbursement, and may include related costs and fees,
8 interest, income withholding, attorney's fees, and other
9 relief.
10 "Tribunal" means a court, administrative agency, or
11 quasi-judicial entity authorized to establish, enforce, or
12 modify support orders or to determine parentage.
13 (Source: P.A. 90-240, eff. 7-28-97.)
14 Section 980. The Illinois Parentage Act of 1984 is
15 amended by changing Sections 6 and 14 as follows:
16 (750 ILCS 45/6) (from Ch. 40, par. 2506)
17 Sec. 6. Establishment of Parent and Child Relationship
18 by Consent of the Parties.
19 (a) A parent and child relationship may be established
20 voluntarily by the signing and witnessing of a voluntary
21 acknowledgment of parentage in accordance with Section 12 of
22 the Vital Records Act or Section 10-17.7 of the Illinois
23 Public Aid Code. The voluntary acknowledgment of parentage
24 shall contain the social security numbers of the persons
25 signing the voluntary acknowledgment of parentage; however,
26 failure to include the social security numbers of the persons
27 signing a voluntary acknowledgment of parentage does not
28 invalidate the voluntary acknowledgment of parentage.
29 (b) Notwithstanding any other provisions of this Act,
30 paternity established in accordance with subsection (a) has
31 the full force and effect of a judgment entered under this
32 Act and serves as a basis for seeking a child support order
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1 without any further proceedings to establish paternity.
2 (c) A judicial or administrative proceeding to ratify
3 paternity established in accordance with subsection (a) is
4 neither required nor permitted.
5 (d) A signed acknowledgment of paternity entered under
6 this Act may be challenged in court only on the basis of
7 fraud, duress, or material mistake of fact, with the burden
8 of proof upon the challenging party. Pending outcome of the
9 challenge to the acknowledgment of paternity, the legal
10 responsibilities of the signatories shall remain in full
11 force and effect, except upon order of the court upon a
12 showing of good cause.
13 (e) Once a parent and child relationship is established
14 in accordance with subsection (a), an order for support may
15 be established pursuant to a petition to establish an order
16 for support by consent filed with the clerk of the circuit
17 court. A copy of the properly completed acknowledgment of
18 parentage form shall be attached to the petition. The
19 petition shall ask that the circuit court enter an order for
20 support. The petition may ask that an order for visitation,
21 custody, or guardianship be entered. The filing and
22 appearance fees provided under the Clerks of Courts Act shall
23 be waived for all cases in which an acknowledgment of
24 parentage form has been properly completed by the parties and
25 in which a petition to establish an order for support by
26 consent has been filed with the clerk of the circuit court.
27 This subsection shall not be construed to prohibit filing any
28 petition for child support, visitation, or custody under this
29 Act, the Illinois Marriage and Dissolution of Marriage Act,
30 or the Non-Support Punishment of Spouse and Children Act.
31 This subsection shall also not be construed to prevent the
32 establishment of an administrative support order in cases
33 involving persons receiving child support enforcement
34 services under Article X of the Illinois Public Aid Code.
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1 (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
2 (750 ILCS 45/14) (from Ch. 40, par. 2514)
3 Sec. 14. Judgment.
4 (a) (1) The judgment shall contain or explicitly reserve
5 provisions concerning any duty and amount of child support
6 and may contain provisions concerning the custody and
7 guardianship of the child, visitation privileges with the
8 child, the furnishing of bond or other security for the
9 payment of the judgment, which the court shall determine in
10 accordance with the relevant factors set forth in the
11 Illinois Marriage and Dissolution of Marriage Act and any
12 other applicable law of Illinois, to guide the court in a
13 finding in the best interests of the child. In determining
14 custody, joint custody, or visitation, the court shall apply
15 the relevant standards of the Illinois Marriage and
16 Dissolution of Marriage Act. Specifically, in determining the
17 amount of any child support award, the court shall use the
18 guidelines and standards set forth in subsection (a) of
19 Section 505 and in Section 505.2 of the Illinois Marriage and
20 Dissolution of Marriage Act. For purposes of Section 505 of
21 the Illinois Marriage and Dissolution of Marriage Act, "net
22 income" of the non-custodial parent shall include any
23 benefits available to that person under the Illinois Public
24 Aid Code or from other federal, State or local
25 government-funded programs. The court shall, in any event
26 and regardless of the amount of the non-custodial parent's
27 net income, in its judgment order the non-custodial parent to
28 pay child support to the custodial parent in a minimum amount
29 of not less than $10 per month. In an action brought within 2
30 years after a child's birth, the judgment or order may direct
31 either parent to pay the reasonable expenses incurred by
32 either parent related to the mother's pregnancy and the
33 delivery of the child. The judgment or order shall contain
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1 the father's social security number, which the father shall
2 disclose to the court; however, failure to include the
3 father's social security number on the judgment or order does
4 not invalidate the judgment or order.
5 (2) If a judgment of parentage contains no explicit
6 award of custody, the establishment of a support obligation
7 or of visitation rights in one parent shall be considered a
8 judgment granting custody to the other parent. If the
9 parentage judgment contains no such provisions, custody shall
10 be presumed to be with the mother; however, the presumption
11 shall not apply if the father has had physical custody for at
12 least 6 months prior to the date that the mother seeks to
13 enforce custodial rights.
14 (b) The court shall order all child support payments,
15 determined in accordance with such guidelines, to commence
16 with the date summons is served. The level of current
17 periodic support payments shall not be reduced because of
18 payments set for the period prior to the date of entry of the
19 support order. The Court may order any child support
20 payments to be made for a period prior to the commencement of
21 the action. In determining whether and the extent to which
22 the payments shall be made for any prior period, the court
23 shall consider all relevant facts, including the factors for
24 determining the amount of support specified in the Illinois
25 Marriage and Dissolution of Marriage Act and other equitable
26 factors including but not limited to:
27 (1) The father's prior knowledge of the fact and
28 circumstances of the child's birth.
29 (2) The father's prior willingness or refusal to
30 help raise or support the child.
31 (3) The extent to which the mother or the public
32 agency bringing the action previously informed the father
33 of the child's needs or attempted to seek or require his
34 help in raising or supporting the child.
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1 (4) The reasons the mother or the public agency did
2 not file the action earlier.
3 (5) The extent to which the father would be
4 prejudiced by the delay in bringing the action.
5 For purposes of determining the amount of child support
6 to be paid for any period before the date the order for
7 current child support is entered, there is a rebuttable
8 presumption that the father's net income for the prior period
9 was the same as his net income at the time the order for
10 current child support is entered.
11 If (i) the non-custodial parent was properly served with
12 a request for discovery of financial information relating to
13 the non-custodial parent's ability to provide child support,
14 (ii) the non-custodial parent failed to comply with the
15 request, despite having been ordered to do so by the court,
16 and (iii) the non-custodial parent is not present at the
17 hearing to determine support despite having received proper
18 notice, then any relevant financial information concerning
19 the non-custodial parent's ability to provide child support
20 that was obtained pursuant to subpoena and proper notice
21 shall be admitted into evidence without the need to establish
22 any further foundation for its admission.
23 (c) Any new or existing support order entered by the
24 court under this Section shall be deemed to be a series of
25 judgments against the person obligated to pay support
26 thereunder, each judgment to be in the amount of each payment
27 or installment of support and each such judgment to be deemed
28 entered as of the date the corresponding payment or
29 installment becomes due under the terms of the support order.
30 Each judgment shall have the full force, effect and
31 attributes of any other judgment of this State, including the
32 ability to be enforced. A lien arises by operation of law
33 against the real and personal property of the noncustodial
34 parent for each installment of overdue support owed by the
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1 noncustodial parent.
2 (d) If the judgment or order of the court is at variance
3 with the child's birth certificate, the court shall order
4 that a new birth certificate be issued under the Vital
5 Records Act.
6 (e) On request of the mother and the father, the court
7 shall order a change in the child's name. After hearing
8 evidence the court may stay payment of support during the
9 period of the father's minority or period of disability.
10 (f) If, upon a showing of proper service, the father
11 fails to appear in court, or otherwise appear as provided by
12 law, the court may proceed to hear the cause upon testimony
13 of the mother or other parties taken in open court and shall
14 enter a judgment by default. The court may reserve any order
15 as to the amount of child support until the father has
16 received notice, by regular mail, of a hearing on the matter.
17 (g) A one-time charge of 20% is imposable upon the
18 amount of past-due child support owed on July 1, 1988 which
19 has accrued under a support order entered by the court. The
20 charge shall be imposed in accordance with the provisions of
21 Section 10-21 of the Illinois Public Aid Code and shall be
22 enforced by the court upon petition.
23 (h) All orders for support, when entered or modified,
24 shall include a provision requiring the non-custodial parent
25 to notify the court and, in cases in which party is receiving
26 child and spouse support services under Article X of the
27 Illinois Public Aid Code, the Illinois Department of Public
28 Aid, within 7 days, (i) of the name and address of any new
29 employer of the non-custodial parent, (ii) whether the
30 non-custodial parent has access to health insurance coverage
31 through the employer or other group coverage and, if so, the
32 policy name and number and the names of persons covered under
33 the policy, and (iii) of any new residential or mailing
34 address or telephone number of the non-custodial parent. In
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1 any subsequent action to enforce a support order, upon a
2 sufficient showing that a diligent effort has been made to
3 ascertain the location of the non-custodial parent, service
4 of process or provision of notice necessary in the case may
5 be made at the last known address of the non-custodial parent
6 in any manner expressly provided by the Code of Civil
7 Procedure or this Act, which service shall be sufficient for
8 purposes of due process.
9 (i) An order for support shall include a date on which
10 the current support obligation terminates. The termination
11 date shall be no earlier than the date on which the child
12 covered by the order will attain the age of majority or is
13 otherwise emancipated. The order for support shall state
14 that the termination date does not apply to any arrearage
15 that may remain unpaid on that date. Nothing in this
16 subsection shall be construed to prevent the court from
17 modifying the order.
18 (j) An order entered under this Section shall include a
19 provision requiring the obligor to report to the obligee and
20 to the clerk of court within 10 days each time the obligor
21 obtains new employment, and each time the obligor's
22 employment is terminated for any reason. The report shall be
23 in writing and shall, in the case of new employment, include
24 the name and address of the new employer. Failure to report
25 new employment or the termination of current employment, if
26 coupled with nonpayment of support for a period in excess of
27 60 days, is indirect criminal contempt. For any obligor
28 arrested for failure to report new employment bond shall be
29 set in the amount of the child support that should have been
30 paid during the period of unreported employment. An order
31 entered under this Section shall also include a provision
32 requiring the obligor and obligee parents to advise each
33 other of a change in residence within 5 days of the change
34 except when the court finds that the physical, mental, or
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1 emotional health of a party or that of a minor child, or
2 both, would be seriously endangered by disclosure of the
3 party's address.
4 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
5 90-655, eff. 7-30-98.)
6 Section 985. The Business Corporation Act of 1983 is
7 amended by changing Section 1.25 as follows:
8 (805 ILCS 5/1.25) (from Ch. 32, par. 1.25)
9 Sec. 1.25. List of corporations; exchange of
10 information.
11 (a) The Secretary of State shall publish each year a
12 list of corporations filing an annual report for the
13 preceding year in accordance with the provisions of this Act,
14 which report shall state the name of the corporation and the
15 respective names and addresses of the president, secretary,
16 and registered agent thereof and the address of the
17 registered office in this State of each such corporation. The
18 Secretary of State shall furnish without charge a copy of
19 such report to each recorder of this State, and to each
20 member of the General Assembly and to each State agency or
21 department requesting the same. The Secretary of State shall,
22 upon receipt of a written request and a fee as determined by
23 the Secretary, furnish such report to anyone else.
24 (b) (1) The Secretary of State shall publish daily a
25 list of all newly formed corporations, business and not for
26 profit, chartered by him on that day issued after receipt of
27 the application. The daily list shall contain the same
28 information as to each corporation as is provided for the
29 corporation list published under subsection (a) of this
30 Section. The daily list may be obtained at the Secretary's
31 office by any person, newspaper, State department or agency,
32 or local government for a reasonable charge to be determined
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1 by the Secretary. Inspection of the daily list may be made
2 at the Secretary's office during normal business hours
3 without charge by any person, newspaper, State department or
4 agency, or local government.
5 (2) The Secretary shall compile the daily list mentioned
6 in paragraph (1) of subsection (b) of this Section monthly,
7 or more often at the Secretary's discretion. The compilation
8 shall be immediately mailed free of charge to all local
9 governments requesting in writing receipt of such
10 publication, or shall be automatically mailed by the
11 Secretary without charge to local governments as determined
12 by the Secretary. The Secretary shall mail a copy of the
13 compilations free of charge to all State departments or
14 agencies making a written request. A request for a
15 compilation of the daily list once made by a local government
16 or State department or agency need not be renewed. However,
17 the Secretary may request from time to time whether the local
18 governments or State departments or agencies desire to
19 continue receiving the compilation.
20 (3) The compilations of the daily list mentioned in
21 paragraph (2) of subsection (b) of this Section shall be
22 mailed to newspapers, or any other person not included as a
23 recipient in paragraph (2) of subsection (b) of this Section,
24 upon receipt of a written application signed by the applicant
25 and accompanied by the payment of a fee as determined by the
26 Secretary.
27 (c) If a domestic or foreign corporation has filed with
28 the Secretary of State an annual report for the preceding
29 year or has been newly formed or is otherwise and in any
30 manner registered with the Secretary of State, the Secretary
31 of State shall exchange with the Illinois Department of
32 Public Aid any information concerning that corporation that
33 may be necessary for the enforcement of child support orders
34 entered pursuant to the Illinois Public Aid Code, the
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1 Illinois Marriage and Dissolution of Marriage Act, the
2 Non-Support of Spouse and Children Act, the Non-Support
3 Punishment Act, the Revised Uniform Reciprocal Enforcement of
4 Support Act, the Uniform Interstate Family Support Act, or
5 the Illinois Parentage Act of 1984.
6 Notwithstanding any provisions in this Act to the
7 contrary, the Secretary of State shall not be liable to any
8 person for any disclosure of information to the Illinois
9 Department of Public Aid under this subsection or for any
10 other action taken in good faith to comply with the
11 requirements of this subsection.
12 (Source: P.A. 90-18, eff. 7-1-97.)
13 Section 990. The Limited Liability Company Act is
14 amended by changing Section 50-5 as follows:
15 (805 ILCS 180/50-5)
16 Sec. 50-5. List of limited liability companies; exchange
17 of information.
18 (a) The Secretary of State may publish a list or lists
19 of limited liability companies and foreign limited liability
20 companies, as often, in the format, and for the fees as the
21 Secretary of State may in his or her discretion provide by
22 rule. The Secretary of State may disseminate information
23 concerning limited liability companies and foreign limited
24 liability companies by computer network in the format and for
25 the fees as may be determined by rule.
26 (b) Upon written request, any list published under
27 subsection (a) shall be free to each member of the General
28 Assembly, to each State agency or department, and to each
29 recorder in this State. An appropriate fee established by
30 rule to cover the cost of producing the list shall be charged
31 to all others.
32 (c) If a domestic or foreign limited liability company
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1 has filed with the Secretary of State an annual report for
2 the preceding year or has been newly formed or is otherwise
3 and in any manner registered with the Secretary of State, the
4 Secretary of State shall exchange with the Illinois
5 Department of Public Aid any information concerning that
6 limited liability company that may be necessary for the
7 enforcement of child support orders entered pursuant to the
8 Illinois Public Aid Code, the Illinois Marriage and
9 Dissolution of Marriage Act, the Non-Support of Spouse and
10 Children Act, the Non-Support Punishment Act, the Revised
11 Uniform Reciprocal Enforcement of Support Act, the Uniform
12 Interstate Family Support Act, or the Illinois Parentage Act
13 of 1984.
14 Notwithstanding any provisions in this Act to the
15 contrary, the Secretary of State shall not be liable to any
16 person for any disclosure of information to the Illinois
17 Department of Public Aid under this subsection or for any
18 other action taken in good faith to comply with the
19 requirements of this subsection.
20 (Source: P.A. 90-18, eff. 7-1-97.)
21 (750 ILCS 15/Act rep.)
22 Section 992. Repealer. The Non-Support of Spouse and
23 Children Act is repealed.
24 Section 995. Certain actions to be determined under
25 prior law. An action that was commenced under the
26 Non-Support of Spouse and Children Act and is pending on the
27 effective date of this Act shall be decided in accordance
28 with the Non-Support of Spouse and Children Act as it existed
29 immediately before its repeal by this Act.
30 Section 999. Effective date. This Act takes effect on
31 October 1, 1999.".