State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]
[ Senate Amendment 001 ]


92_SB0993eng

 
SB993 Engrossed                                LRB9208130DJmg

 1        AN ACT in relation to child support.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Illinois  Public Aid Code is amended by
 5    changing Section 10-16.5 as follows:

 6        (305 ILCS 5/10-16.5)
 7        Sec.  10-16.5.   Interest  on  support  obligations.    A
 8    support  obligation,  or any portion of a support obligation,
 9    which becomes due and remains unpaid  for  30  days  or  more
10    shall accrue simple interest at the rate of 9% per annum.
11    (Source: P.A. 91-397, eff. 1-1-00.)

12        Section  10.  The  Illinois  Marriage  and Dissolution of
13    Marriage Act is amended by changing Section 505 as follows:

14        (750 ILCS 5/505) (from Ch. 40, par. 505)
15        Sec. 505.  Child support; contempt; penalties.
16        (a)  In a proceeding for dissolution of  marriage,  legal
17    separation,   declaration   of   invalidity  of  marriage,  a
18    proceeding for child support  following  dissolution  of  the
19    marriage  by  a court which lacked personal jurisdiction over
20    the  absent  spouse,  a  proceeding  for  modification  of  a
21    previous order for child support under Section  510  of  this
22    Act, or any proceeding authorized under Section 501 or 601 of
23    this  Act, the court may order either or both parents owing a
24    duty of support to a child of the marriage to pay  an  amount
25    reasonable  and  necessary for his support, without regard to
26    marital misconduct. The duty of  support   owed  to  a  minor
27    child  includes  the obligation to provide for the reasonable
28    and necessary physical, mental and emotional health needs  of
29    the child.
 
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 1             (1)  The Court shall determine the minimum amount of
 2        support by using the following guidelines:
 3          Number of Children       Percent of Supporting Party's
 4                                             Net Income
 5                  1                             20%
 6                  2                             25%
 7                  3                             32%
 8                  4                             40%
 9                  5                             45%
10              6 or more                         50%
11             (2)  The  above  guidelines shall be applied in each
12        case unless the court makes a finding that application of
13        the guidelines would be inappropriate, after  considering
14        the  best  interests  of  the  child in light of evidence
15        including but not limited to one or more of the following
16        relevant factors:
17                  (a)  the financial resources and needs  of  the
18             child;
19                  (b)  the  financial  resources and needs of the
20             custodial parent;
21                  (c)  the standard of  living  the  child  would
22             have enjoyed had the marriage not been dissolved;
23                  (d)  the  physical  and  emotional condition of
24             the child, and his educational needs; and
25                  (e)  the financial resources and needs  of  the
26             non-custodial parent.
27             If  the  court  deviates  from  the  guidelines, the
28        court's finding shall state the amount  of  support  that
29        would   have  been  required  under  the  guidelines,  if
30        determinable.  The court  shall  include  the  reason  or
31        reasons for the variance from the guidelines.
32             (3)  "Net  income"  is  defined  as the total of all
33        income from all sources, minus the following deductions:
34                  (a)  Federal income  tax  (properly  calculated
 
SB993 Engrossed             -3-                LRB9208130DJmg
 1             withholding or estimated payments);
 2                  (b)  State   income  tax  (properly  calculated
 3             withholding or estimated payments);
 4                  (c)  Social Security (FICA payments);
 5                  (d)  Mandatory     retirement     contributions
 6             required by law or as a condition of employment;
 7                  (e)  Union dues;
 8                  (f)  Dependent          and          individual
 9             health/hospitalization insurance premiums;
10                  (g)  Prior   obligations    of    support    or
11             maintenance actually paid pursuant to a court order;
12                  (h)  Expenditures  for  repayment of debts that
13             represent reasonable and necessary expenses for  the
14             production of income, medical expenditures necessary
15             to  preserve life or health, reasonable expenditures
16             for the benefit of the child and the  other  parent,
17             exclusive  of  gifts.   The  court  shall reduce net
18             income in determining the minimum amount of  support
19             to be ordered only for the period that such payments
20             are   due   and  shall  enter  an  order  containing
21             provisions for its self-executing modification  upon
22             termination of such payment period.
23             (4)  In  cases  where  the  court order provides for
24        health/hospitalization  insurance  coverage  pursuant  to
25        Section  505.2  of  this  Act,  the  premiums  for   that
26        insurance,  or that portion of the premiums for which the
27        supporting party is responsible in the case of  insurance
28        provided  through  an  employer's  health  insurance plan
29        where the employer pays a portion of the premiums,  shall
30        be  subtracted from net income in determining the minimum
31        amount of support to be ordered.
32             (4.5)  In a proceeding for child  support  following
33        dissolution  of  the  marriage  by  a  court  that lacked
34        personal jurisdiction over  the  absent  spouse,  and  in
 
SB993 Engrossed             -4-                LRB9208130DJmg
 1        which  the  court is requiring payment of support for the
 2        period before the date an order for  current  support  is
 3        entered,  there  is  a  rebuttable  presumption  that the
 4        supporting party's net income for the  prior  period  was
 5        the  same  as his or her net income at the time the order
 6        for current support is entered.
 7             (5)  If the net income cannot be determined  because
 8        of  default  or  any  other reason, the court shall order
 9        support  in  an  amount  considered  reasonable  in   the
10        particular  case.   The  final  order  in all cases shall
11        state the support level in dollar  amounts.  However,  if
12        the  court  finds that the child support amount cannot be
13        expressed exclusively as a dollar amount because all or a
14        portion of the payor's net  income  is  uncertain  as  to
15        source, time of payment, or amount, the court may order a
16        percentage  amount  of  support in addition to a specific
17        dollar amount and enter  such  other  orders  as  may  be
18        necessary  to  determine  and enforce, on a timely basis,
19        the applicable support ordered.
20             (6)  If (i) the non-custodial  parent  was  properly
21        served   with   a  request  for  discovery  of  financial
22        information  relating  to  the   non-custodial   parent's
23        ability  to provide child support, (ii) the non-custodial
24        parent failed to comply with the request, despite  having
25        been  ordered  to  do  so  by  the  court,  and (iii) the
26        non-custodial parent is not present  at  the  hearing  to
27        determine  support despite having received proper notice,
28        then any relevant financial  information  concerning  the
29        non-custodial  parent's  ability to provide child support
30        that was obtained pursuant to subpoena and proper  notice
31        shall  be  admitted  into  evidence  without  the need to
32        establish any further foundation for its admission.
33        (a-5)  In an action to enforce an order for support based
34    on the respondent's  failure  to  make  support  payments  as
 
SB993 Engrossed             -5-                LRB9208130DJmg
 1    required  by  the  order,  notice  of proceedings to hold the
 2    respondent in contempt for that failure may be served on  the
 3    respondent  by  personal service or by regular mail addressed
 4    to the respondent's last known  address.    The  respondent's
 5    last  known  address  may  be  determined from records of the
 6    clerk of the court, from the Federal Case Registry  of  Child
 7    Support Orders, or by any other reasonable means.
 8        (b)  Failure  of either parent to comply with an order to
 9    pay  support  shall  be  punishable  as  in  other  cases  of
10    contempt.  In addition to other penalties provided by law the
11    Court may, after finding the parent guilty of contempt, order
12    that the parent be:
13             (1)  placed on probation  with  such  conditions  of
14        probation as the Court deems advisable;
15             (2)  sentenced to periodic imprisonment for a period
16        not to exceed 6 months; provided, however, that the Court
17        may  permit the parent to be released for periods of time
18        during the day or night to:
19                  (A)  work; or
20                  (B)  conduct a business or other  self-employed
21             occupation.
22        The  Court  may  further  order  any  part  or all of the
23    earnings  of  a  parent  during  a   sentence   of   periodic
24    imprisonment paid to the Clerk of the Circuit Court or to the
25    parent  having  custody  or to the guardian having custody of
26    the minor children of the sentenced parent for the support of
27    said minor children until further order of the Court.
28        If there is a unity of interest and ownership  sufficient
29    to  render  no  financial  separation between a non-custodial
30    parent and another person or persons or business entity,  the
31    court  may  pierce the ownership veil of the person, persons,
32    or business entity to discover assets  of  the  non-custodial
33    parent  held  in  the  name of that person, those persons, or
34    that  business  entity.    The  following  circumstances  are
 
SB993 Engrossed             -6-                LRB9208130DJmg
 1    sufficient to authorize a court to  order  discovery  of  the
 2    assets of a person, persons, or business entity and to compel
 3    the  application  of  any discovered assets toward payment on
 4    the judgment for support:
 5             (1)  the  non-custodial  parent  and   the   person,
 6        persons, or business entity maintain records together.
 7             (2)  the   non-custodial   parent  and  the  person,
 8        persons, or business entity  fail  to  maintain  an  arms
 9        length relationship between themselves with regard to any
10        assets.
11             (3)  the  non-custodial  parent  transfers assets to
12        the person, persons, or business entity with  the  intent
13        to perpetrate a fraud on the custodial parent.
14        With  respect to assets which are real property, no order
15    entered under this paragraph shall affect the rights of  bona
16    fide  purchasers,  mortgagees,  judgment  creditors, or other
17    lien holders who  acquire their  interests  in  the  property
18    prior  to  the  time  a notice of lis pendens pursuant to the
19    Code of Civil Procedure or a copy of the order is  placed  of
20    record  in the office of the recorder of deeds for the county
21    in which the real property is located.
22        The court may also order in cases where the parent is  90
23    days  or  more  delinquent  in payment of support or has been
24    adjudicated  in  arrears  in  an  amount  equal  to  90  days
25    obligation  or  more,  that  the  parent's  Illinois  driving
26    privileges be suspended until the court determines  that  the
27    parent  is in compliance with the order of support. The court
28    may also order that the parent be issued a  family  financial
29    responsibility   driving  permit  that  would  allow  limited
30    driving privileges for employment  and  medical  purposes  in
31    accordance with Section 7-702.1 of the Illinois Vehicle Code.
32    The  clerk  of  the  circuit  court  shall  certify the order
33    suspending the driving privileges of the parent  or  granting
34    the  issuance  of  a  family financial responsibility driving
 
SB993 Engrossed             -7-                LRB9208130DJmg
 1    permit to the Secretary of State on forms prescribed  by  the
 2    Secretary.  Upon  receipt of the authenticated documents, the
 3    Secretary  of  State  shall  suspend  the  parent's   driving
 4    privileges  until  further  order  of the court and shall, if
 5    ordered by the court, subject to the  provisions  of  Section
 6    7-702.1   of  the  Illinois  Vehicle  Code,  issue  a  family
 7    financial responsibility driving permit to the parent.
 8        In addition to the penalties or punishment  that  may  be
 9    imposed   under   this  Section,  any  person  whose  conduct
10    constitutes a violation of  Section  15  of  the  Non-Support
11    Punishment Act may be prosecuted under that Act, and a person
12    convicted  under that Act may be sentenced in accordance with
13    that Act.  The sentence may include but need not  be  limited
14    to  a  requirement  that the person perform community service
15    under Section 50  of  that  Act  or  participate  in  a  work
16    alternative  program  under Section 50 of that Act.  A person
17    may not be required to  participate  in  a  work  alternative
18    program  under  Section  50  of  that  Act  if  the person is
19    currently participating in a work program pursuant to Section
20    505.1 of this Act.
21        A  support  obligation,  or  any  portion  of  a  support
22    obligation, which becomes due and remains unpaid for 30  days
23    or  more  shall  accrue simple interest at the rate of 9% per
24    annum.
25        (c)  A one-time charge  of  20%  is  imposable  upon  the
26    amount  of  past-due child support owed on July 1, 1988 which
27    has accrued under a support order entered by the court.   The
28    charge  shall be imposed in accordance with the provisions of
29    Section 10-21 of the Illinois Public Aid Code  and  shall  be
30    enforced by the court upon petition.
31        (d)  Any  new  or  existing  support order entered by the
32    court under this Section shall be deemed to be  a  series  of
33    judgments   against  the  person  obligated  to  pay  support
34    thereunder, each such judgment to be in the  amount  of  each
 
SB993 Engrossed             -8-                LRB9208130DJmg
 1    payment  or  installment of support and each such judgment to
 2    be deemed entered as of the date the corresponding payment or
 3    installment becomes due under the terms of the support order.
 4    Each such judgment shall have  the  full  force,  effect  and
 5    attributes of any other judgment of this State, including the
 6    ability  to  be  enforced.  A lien arises by operation of law
 7    against the real and personal property  of  the  noncustodial
 8    parent  for  each  installment of overdue support owed by the
 9    noncustodial parent.
10        (e)  When child support is to be paid through  the  clerk
11    of  the  court  in a county of 1,000,000 inhabitants or less,
12    the order shall direct the obligor to pay to  the  clerk,  in
13    addition  to  the child support payments, all fees imposed by
14    the county board under paragraph (3)  of  subsection  (u)  of
15    Section  27.1  of  the  Clerks of Courts Act.  Unless paid in
16    cash or pursuant to an order for withholding, the payment  of
17    the  fee  shall  be by a separate instrument from the support
18    payment and shall be made to the order of the Clerk.
19        (f)  All orders for support, when  entered  or  modified,
20    shall include a provision requiring the obligor to notify the
21    court  and,  in cases in which a party is receiving child and
22    spouse services under Article X of the  Illinois  Public  Aid
23    Code,  the  Illinois Department of Public Aid, within 7 days,
24    (i) of the name and  address  of  any  new  employer  of  the
25    obligor,  (ii)  whether  the  obligor  has  access  to health
26    insurance  coverage  through  the  employer  or  other  group
27    coverage and, if so, the policy name and number and the names
28    of persons covered under the policy, and  (iii)  of  any  new
29    residential  or  mailing  address  or telephone number of the
30    non-custodial parent.  In any subsequent action to enforce  a
31    support  order,  upon  a  sufficient  showing that a diligent
32    effort has  been  made  to  ascertain  the  location  of  the
33    non-custodial  parent,  service  of  process  or provision of
34    notice necessary in the case may be made at  the  last  known
 
SB993 Engrossed             -9-                LRB9208130DJmg
 1    address  of  the non-custodial parent in any manner expressly
 2    provided by the Code of Civil Procedure or  this  Act,  which
 3    service shall be sufficient for purposes of due process.
 4        (g)  An  order  for support shall include a date on which
 5    the current support obligation terminates.   The  termination
 6    date  shall  be  no  earlier than the date on which the child
 7    covered by the order will attain the age of  majority  or  is
 8    otherwise emancipated. The order for support shall state that
 9    the termination date does not apply to any arrearage that may
10    remain unpaid on that date.  Nothing in this subsection shall
11    be construed to prevent the court from modifying the order.
12        (h)  An  order entered under this Section shall include a
13    provision requiring the obligor to report to the obligee  and
14    to  the  clerk  of court within 10 days each time the obligor
15    obtains  new  employment,  and  each   time   the   obligor's
16    employment is terminated for any reason.  The report shall be
17    in  writing and shall, in the case of new employment, include
18    the name and address of the new employer.  Failure to  report
19    new  employment  or the termination of current employment, if
20    coupled with nonpayment of support for a period in excess  of
21    60  days,  is  indirect  criminal  contempt.  For any obligor
22    arrested for failure to report new employment bond  shall  be
23    set  in the amount of the child support that should have been
24    paid during the period of unreported  employment.   An  order
25    entered  under  this  Section  shall also include a provision
26    requiring the obligor and  obligee  parents  to  advise  each
27    other  of  a  change in residence within 5 days of the change
28    except when the court finds that  the  physical,  mental,  or
29    emotional  health  of  a  party  or that of a minor child, or
30    both, would be seriously  endangered  by  disclosure  of  the
31    party's address.
32    (Source:  P.A.  90-18,  eff.  7-1-97;  90-476,  eff.  1-1-98;
33    90-539,  eff.  6-1-98;  90-655,  eff.  7-30-98;  90-733, eff.
34    8-11-98; 91-113, eff. 7-15-99; 91-397, eff.  1-1-00;  91-655,
 
SB993 Engrossed             -10-               LRB9208130DJmg
 1    eff. 6-1-00; 91-767, eff. 6-9-00; revised 6-28-00.)

 2        Section 15.  The Non-Support Punishment Act is amended by
 3    changing Section 20 as follows:

 4        (750 ILCS 16/20)
 5        Sec. 20.  Entry of order for support; income withholding.
 6        (a)  In  a case in which no court or administrative order
 7    for support is in effect against the defendant:
 8             (1) at any time before the trial, upon motion of the
 9        State's Attorney, or  of  the  Attorney  General  if  the
10        action has been instituted by his office, and upon notice
11        to  the  defendant, or at the time of arraignment or as a
12        condition of postponement of arraignment, the  court  may
13        enter  such temporary order for support as may seem just,
14        providing for the support or maintenance of the spouse or
15        child or children of the  defendant,  or  both,  pendente
16        lite; or
17             (2)  before trial with the consent of the defendant,
18        or at the trial on entry of a plea of  guilty,  or  after
19        conviction,  instead  of imposing the penalty provided in
20        this Act, or in addition thereto, the court may enter  an
21        order  for  support, subject to modification by the court
22        from time to time as circumstances may require, directing
23        the defendant to pay a certain sum for maintenance of the
24        spouse, or for support of the child or children, or both.
25        (b) The court shall determine the amount of child support
26    by using the guidelines and standards set forth in subsection
27    (a) of Section 505 and  in  Section  505.2  of  the  Illinois
28    Marriage and Dissolution of Marriage Act.
29        If  (i) the non-custodial parent was properly served with
30    a request for discovery of financial information relating  to
31    the  non-custodial parent's ability to provide child support,
32    (ii) the non-custodial  parent  failed  to  comply  with  the
 
SB993 Engrossed             -11-               LRB9208130DJmg
 1    request,  despite  having been ordered to do so by the court,
 2    and (iii) the non-custodial parent  is  not  present  at  the
 3    hearing  to  determine support despite having received proper
 4    notice, then any relevant  financial  information  concerning
 5    the  non-custodial  parent's  ability to provide support that
 6    was obtained pursuant to subpoena and proper notice shall  be
 7    admitted  into  evidence  without  the  need to establish any
 8    further foundation for its admission.
 9        (c) The court shall determine the amount  of  maintenance
10    using the standards set forth in  Section 504 of the Illinois
11    Marriage and Dissolution of Marriage Act.
12        (d)  The court may, for violation of any order under this
13    Section, punish the offender as for a contempt of court,  but
14    no  pendente  lite order shall remain in effect longer than 4
15    months, or  after  the  discharge  of  any  panel  of  jurors
16    summoned  for  service thereafter in such court, whichever is
17    sooner.
18        (e) Any order for support entered by the court under this
19    Section shall be deemed to be a series of  judgments  against
20    the person obligated to pay support under the judgments, each
21    such  judgment  to  be  in  the  amount  of  each  payment or
22    installment of support and each judgment to be deemed entered
23    as of the  date  the  corresponding  payment  or  installment
24    becomes  due  under  the  terms  of  the support order.  Each
25    judgment shall have the full force, effect, and attributes of
26    any other judgment of this State, including the ability to be
27    enforced.   Each  judgment  is  subject  to  modification  or
28    termination only  in  accordance  with  Section  510  of  the
29    Illinois  Marriage  and  Dissolution of Marriage Act.  A lien
30    arises by operation of law  against  the  real  and  personal
31    property  of  the noncustodial parent for each installment of
32    overdue support owed by the noncustodial parent.
33        (f) An order for support entered under this Section shall
34    include a provision requiring the obligor to  report  to  the
 
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 1    obligee  and  to  the  clerk of the court within 10 days each
 2    time the obligor obtains new employment, and  each  time  the
 3    obligor's  employment  is  terminated  for  any  reason.  The
 4    report shall be in writing and shall,  in  the  case  of  new
 5    employment, include the name and address of the new employer.
 6        Failure  to  report  new employment or the termination of
 7    current employment, if coupled with nonpayment of support for
 8    a period in excess of 60 days, is indirect criminal contempt.
 9    For  any  obligor  arrested  for  failure   to   report   new
10    employment,  bond  shall  be  set  in the amount of the child
11    support that should have  been  paid  during  the  period  of
12    unreported employment.
13        An  order  for  support  entered under this Section shall
14    also include a provision requiring the  obligor  and  obligee
15    parents  to advise each other of a change in residence within
16    5 days of the change except when the  court  finds  that  the
17    physical,  mental,  or  emotional  health  of a party or of a
18    minor child,  or  both,  would  be  seriously  endangered  by
19    disclosure of the party's address.
20        (g) An order for support entered or modified in a case in
21    which  a party is receiving child and spouse support services
22    under Article X of the Illinois Public Aid Code shall include
23    a provision requiring the noncustodial parent to  notify  the
24    Illinois Department of Public Aid, within 7 days, of the name
25    and  address  of any new employer of the noncustodial parent,
26    whether  the  noncustodial  parent  has  access   to   health
27    insurance  coverage  through  the  employer  or  other  group
28    coverage and, if so, the policy name and number and the names
29    of persons covered under the policy.
30        (h)  In  any  subsequent  action  to enforce an order for
31    support entered under this Act, upon sufficient showing  that
32    diligent  effort  has  been made to ascertain the location of
33    the noncustodial parent, service of process or  provision  of
34    notice necessary in that action may be made at the last known
 
SB993 Engrossed             -13-               LRB9208130DJmg
 1    address  of  the noncustodial parent, in any manner expressly
 2    provided by the Code of Civil Procedure or in this Act, which
 3    service shall be sufficient for purposes of due process.
 4        (i) An order for support shall include a  date  on  which
 5    the  current  support obligation terminates.  The termination
 6    date shall be no earlier than the date  on  which  the  child
 7    covered  by  the  order will attain the age of majority or is
 8    otherwise emancipated. The order for support shall state that
 9    the termination date does not apply to any arrearage that may
10    remain unpaid on that date.  Nothing in this subsection shall
11    be construed to prevent the court from modifying the order.
12        (j)  A support obligation, or any portion  of  a  support
13    obligation,  which becomes due and remains unpaid for 30 days
14    or more shall accrue simple interest at the rate  of  9%  per
15    annum.
16    (Source: P.A. 91-613, eff. 10-1-99; 91-767, eff. 6-9-00.)

17        Section  20.  The  Illinois  Parentage  Act  of  1984  is
18    amended by changing Section 20.7 as follows:

19        (750 ILCS 45/20.7)
20        Sec.  20.7.   Interest on support obligations.  A support
21    obligation, or any portion of  a  support  obligation,  which
22    becomes  due  and  remains  unpaid  for 30 days or more shall
23    accrue simple interest at the rate of 9% per annum.
24    (Source: P.A. 91-397, eff. 1-1-00.)

25        Section 99.  Effective date.  This Act takes effect  upon
26    becoming law.

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