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92_SB1966enr SB1966 Enrolled LRB9215665DJgc 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 1. This Act may be cited as the Unified Child 5 Support Services Act. 6 Section 5. Definitions. In this Act: 7 "Child support services" mean any services provided with 8 respect to parentage establishment, support establishment, 9 medical support establishment, support modification, or 10 support enforcement. 11 "Child support specialist" means a paralegal, attorney, 12 or other staff member with specialized training in child 13 support services. 14 "Current child support case" means a case that is pending 15 in the IV-D Child Support Program for which any action is 16 being taken by a Unified Child Support Services Program. 17 "Department" means the Illinois Department of Public Aid. 18 "IV-D Child Support Program" means the child support 19 enforcement program established pursuant to Title IV, Part D 20 of the federal Social Security Act and Article X of the 21 Illinois Public Aid Code. 22 "KIDS" means the Key Information Delivery System that 23 includes a statewide database of all cases in the IV-D Child 24 Support Program. 25 "Medicaid" means the medical assistance program under 26 Article V of the Illinois Public Aid Code. 27 "Obligor" and "obligee" mean those terms as defined in 28 the Income Withholding for Support Act. 29 "Plan" means a plan for a Unified Child Support Services 30 Program. 31 "Program" means the Unified Child Support Services SB1966 Enrolled -2- LRB9215665DJgc 1 Program in a county or group of counties. 2 "State Disbursement Unit" means the State Disbursement 3 Unit established under Section 10-26 of the Illinois Public 4 Aid Code. 5 "State's Attorney" means the duly elected State's 6 Attorney of an Illinois county or 2 or more State's Attorneys 7 who have formed a consortium for purposes of managing a 8 Unified Child Support Services Program within a specific 9 region of the State. 10 "Temporary Assistance for Needy Families" means the 11 Temporary Assistance for Needy Families (TANF) program under 12 Article IV of the Illinois Public Aid Code. 13 Section 10. Plan for Unified Child Support Services. 14 (a) By July 1, 2003 and by July 1 of each subsequent 15 year, a State's Attorney, in cooperation with the appropriate 16 county officials, may submit to the Department a Plan for a 17 Unified Child Support Services Program that includes all of 18 the components set forth in Section 15 of this Act and that 19 includes a projected budget of the necessary and reasonable 20 direct and indirect costs for operation of the Program. The 21 Plan may provide for phasing in the Program with different 22 implementation dates. 23 (b) By December 1 of the year in which a Plan is 24 submitted, the Department shall approve or reject the Plan. 25 If the Plan is approved, the Department and the State's 26 Attorney shall enter into an intergovernmental agreement 27 incorporating the Plan, subject to the approval of the 28 Attorney General and the appropriate county board. If the 29 Plan is rejected, the Department must set forth (i) specific 30 reasons that the Plan fails to satisfy the specific goals and 31 requirements of this Act or other State or federal 32 requirements and (ii) specific reasons that the necessary and 33 reasonable costs for operation of the Plan could not be SB1966 Enrolled -3- LRB9215665DJgc 1 agreed upon. 2 (c) Any State's Attorney who submits a Plan pursuant to 3 this Act shall commit to manage the Program for a period of 4 no less than 3 years. 5 (d) If a Plan is rejected, or if for any reason an 6 intergovernmental agreement is not signed, the prior 7 agreement under this Act shall continue in effect until a new 8 intergovernmental agreement is signed or the agreement is 9 terminated. 10 (e) The Department may impose a restriction that no more 11 than 3 State's Attorneys may begin operating a Program in a 12 given year. The Department shall develop a procedure for fair 13 and orderly consideration of Plans as they are submitted or 14 as interest by a State's Attorney is otherwise demonstrated. 15 (f) In any county in which a Unified Child Support 16 Services Program is operating, the Clerk of the Circuit Court 17 may submit to the Department a plan for filing, recording, 18 and making available for retrieval all administrative orders 19 of parentage and administrative orders setting, modifying, or 20 terminating child support obligations for all IV-D cases 21 pending in the county on the implementation date of the 22 Program and all new cases in the IV-D Child Support Program. 23 The Department shall approve or reject the plan, according to 24 the criteria set forth in subsection (b), and shall enter 25 into the appropriate intergovernmental agreement 26 incorporating the plan unless the Department can demonstrate 27 that it has an alternative approach. 28 Section 15. Components of a Unified Child Support 29 Services Program. 30 (a) Any intergovernmental agreement incorporating an 31 approved Plan under this Act must provide that the State's 32 Attorney shall create and manage a Program offering child 33 support services in all IV-D cases pending in the county as SB1966 Enrolled -4- LRB9215665DJgc 1 of the approval date of the Plan and all new cases in the 2 Department's IV-D Child Support Program, based upon the 3 jurisdiction of the case and in accordance with all relevant 4 laws or Department policies. 5 (b) The child support services offered by each Program 6 and incorporated in the State's Attorney's Plan must comply 7 with the Department's approved Title IV, Part D State Plan 8 and, except as provided in Section 35, must include, but need 9 not be limited to, the following: 10 (1) Accepting applications for child support 11 services from private parties or referrals from any State 12 agency that submits information to KIDS, and providing 13 for the conducting of initial interviews with applicants 14 by telephone or other electronic means. 15 (2) Maintaining flexible office hours, including 16 evening or weekend hours for in-person or telephone 17 appointments, or any other appropriate means in order to 18 meet customer service demands. 19 (3) Providing for a staffing plan that includes 20 assigning cases to a child support specialist who is 21 responsible for coordinating child support services for 22 the case, receiving new and updated information about the 23 case and forwarding that information to all relevant 24 persons and agencies, responding to parents' inquiries 25 and requests in a timely manner, and making appropriate 26 referrals as specified in paragraph (12) of this 27 subsection. 28 (4) Assessing each case for child support services 29 by determining the status of the case and the necessary 30 steps appropriate for the case, including establishing 31 and following standards for determining whether to use 32 judicial or administrative processes for child support 33 services, and establishing and following standards for 34 seeking cooperation from the parties before invoking SB1966 Enrolled -5- LRB9215665DJgc 1 other enforcement mechanisms. 2 (5) Taking all necessary steps identified in 3 paragraph (4) of this subsection as appropriate for the 4 case, whether by use of judicial or administrative 5 processes, and making appropriate referrals to the 6 Department to follow agency processes for which it is 7 responsible under Section 35 of this Act. 8 (6) Offering genetic testing to determine parentage 9 at the site of the unified child support services 10 operations or near the county courthouse or 11 administrative hearing office where proceedings to 12 establish parentage are conducted. 13 (7) Obtaining identified cases that have moved into 14 non-compliance with obligations set forth in an order 15 involving a child support case and taking steps necessary 16 to bring the case into compliance, including 17 investigating sources of income and the location and type 18 of assets of child support obligors who are in arrears in 19 the payment of support. 20 (8) Obtaining information to provide for periodic 21 or other review of administrative and court orders for 22 support consistent with federal guidelines to determine 23 whether a modification of the order should be sought. 24 (9) Taking responsibility for using KIDS, for 25 entering data with respect to a current child support 26 case into KIDS and editing that data, and for having 27 conflicting or incorrect data reconciled with respect to 28 a current child support case. 29 (10) Reporting cooperation or the circumstances for 30 lack of cooperation with child support services by 31 recipients of public aid under Temporary Assistance for 32 Needy Families or Medicaid. 33 (11) Conducting account reviews and 34 redeterminations with respect to a current child support SB1966 Enrolled -6- LRB9215665DJgc 1 case in accordance with Department policies and federal 2 guidelines. 3 (12) Establishing referral procedures and making 4 appropriate referrals for programs such as voluntary 5 mediation on custody and visitation, domestic violence, 6 employment and training, child care, and governmental 7 benefits such as Temporary Assistance for Needy Families 8 and Medicaid. 9 (13) Establishing and maintaining a separate, 10 impartial, and independent administrative process for 11 parentage establishment, support establishment, and 12 support modification that affords due process of law to 13 alleged fathers and custodial and non-custodial parents; 14 and furnishing copies of all such administrative orders 15 to the clerk of the circuit court and the Department. 16 (14) Providing all information on the Program's 17 operation needed by the Department to satisfy the 18 Department's reporting requirements to the State and 19 federal governments on a timely basis. 20 (15) Responding to requests for Administrative 21 Accountability Analyses under Article X of the Illinois 22 Public Aid Code, for State's Attorney cases as of the 23 effective date of the approved Plan, and reporting final 24 determinations to the Department. 25 (16) Marketing the Program within the county in 26 which it is operating so that potential applicants learn 27 about child support services offered. 28 (17) Appointing a local, unpaid child support 29 advisory board, with the State's Attorney operating the 30 Program as the chair, that meets at least quarterly. 31 (18) Establishing procedures for referral to the 32 Illinois Attorney General of designated child support 33 cases brought by non-custodial parents. 34 (19) Conducting all operations in accordance with SB1966 Enrolled -7- LRB9215665DJgc 1 any applicable State or federal laws and regulations and 2 the Plan. 3 Section 20. Subcontracts. A Plan submitted by a State's 4 Attorney for approval to manage a Program must include those 5 subcontracts and intergovernmental agreements necessary for 6 the provision of any components of child support services 7 under the Plan. The Plan must also include a copy of each 8 signed subcontract or intergovernmental agreement or other 9 evidence of the proposed subcontractor or other local 10 governmental entity's intent to perform the services covered 11 by the subcontract or intergovernmental agreement. The 12 subcontract or intergovernmental agreement may be approved by 13 the Department only if the subcontractor or other 14 intergovernmental entity's services are fully integrated into 15 the Program and the subcontractor or other intergovernmental 16 entity's services enhance the efficiency, accessibility, and 17 effectiveness of child support services. 18 Section 25. Performance standards. 19 (a) In consultation with the Department's statewide 20 Child Support Advisory Committee and a designated 21 representative of the Illinois State's Attorneys Association, 22 the Department shall establish the following by rule: 23 (1) Measures of performance for all State's 24 Attorneys operating a program and contractors and local 25 governmental entities providing child support services in 26 the IV-D Child Support Program with respect to parentage 27 establishment, support order establishment, current 28 support collections, arrearage collections, 29 cost-effectiveness, or any other measures used by the 30 federal government or as set forth by the Department. 31 (2) Procedures for apportioning any projected 32 incentive funding between any eligible contractors or SB1966 Enrolled -8- LRB9215665DJgc 1 local governmental entities. 2 (b) Once each year, the Department shall estimate the 3 total State and federal incentive funding that will be 4 available for distribution under this subsection during the 5 following year. Any State's Attorney operating a program and 6 a contractor or local governmental entity providing child 7 support services in the IV-D Child Support Program are 8 eligible to earn incentive payments, based on the score 9 received for performance standards required under this 10 Section and the amount available for that year under this 11 subsection. 12 (c) Once each year, the Department shall apply the 13 performance standards to all State's Attorneys operating a 14 program and contractors and local governmental entities 15 providing child support services in the IV-D Child Support 16 Program, and shall publish a report of such performance 17 levels and corresponding scores used in calculating the 18 incentive payment amount. 19 Section 30. Annual report to General Assembly. The 20 Department shall submit to the General Assembly an annual 21 report on the operation of Programs during the preceding 22 State fiscal year. The annual report must include, but need 23 not be limited to, the following: 24 (1) The report of performance levels and 25 corresponding scores used in calculating the incentive 26 payment amounts under Section 20. 27 (2) A narrative description of each Program 28 operating in the State, including (i) the manner in which 29 a State's Attorney complied or failed to comply with each 30 assurance included in the applicable Plan and (ii) the 31 Program's annual budget and staffing. 32 Section 35. IV-D Child Support Program responsibilities. SB1966 Enrolled -9- LRB9215665DJgc 1 (a) The Department has the authority and responsibility 2 for administering the IV-D Child Support Program in 3 compliance with Title IV, Part D of the federal Social 4 Security Act. 5 (b) The Department may enter into agreements with 6 contractors or local governmental entities to manage any 7 services provided by the IV-D Child Support Program in 8 counties in which the State's Attorney is not operating a 9 Program. All contractors or local governmental entities 10 entering into agreements with the Department must meet the 11 applicable performance standards set forth in Section 25. 12 (c) In all counties, whether or not the State's Attorney 13 in a county is operating a Program, the Department must, at a 14 minimum, fulfill its responsibilities under Title IV, Part D 15 of the federal Social Security Act and Article X of the 16 Illinois Public Aid Code in connection with the following: 17 (1) Operation of a statewide toll free telephone 18 number that refers parties to the appropriate contact as 19 established by a Plan. 20 (2) Management and supervision of the State 21 Disbursement Unit. 22 (3) Management and supervision of KIDS and the 23 State Case Registry established under Section 10-27 of 24 the Illinois Public Aid Code, including the 25 responsibility (i) for entering and editing data for 26 activities being conducted by the Department with respect 27 to a current child support case and (ii) for having 28 conflicting or incorrect data reconciled with respect to 29 those activities. A State's Attorney operating a Program, 30 however, must be able to enter data directly into KIDS 31 with respect to any current child support cases for which 32 the State's Attorney is responsible and must be able to 33 edit that data when necessary. 34 (4) Federal income tax refund intercepts. SB1966 Enrolled -10- LRB9215665DJgc 1 (5) State income tax refund and other payment 2 intercepts. 3 (6) Sending notices required by law to parents, 4 except as otherwise provided in a Plan. 5 (7) Submitting past due support information to 6 licensing agencies. 7 (8) Notifying the Illinois Department of Public 8 Health of parentage establishments and acknowledgments. 9 (9) Maintaining the Central Case Registry with 10 respect to interstate cases, and taking any necessary 11 actions that are not otherwise specified in a Plan. 12 (10) Submittal of past-due support information to 13 the Illinois Department of Revenue. 14 (11) Requests for data matches with financial 15 institutions. 16 (12) Account reviews and redeterminations for any 17 child support cases in which administrative processes are 18 utilized by the Department under this Section. 19 (13) Reports to the federal government. 20 (14) All other duties required under Title IV, Part 21 D of the federal Social Security Act that are not 22 otherwise included in a Plan. 23 (d) To the extent that the provisions of this Act are 24 inconsistent with the responsibilities or requirements 25 imposed on the IV-D Child Support Program under Article X of 26 the Illinois Public Aid Code, the provisions of this Act 27 shall control, unless doing so violates Title IV, Part D of 28 the federal Social Security Act. 29 Section 905. The Illinois Public Aid Code is amended by 30 changing Sections 10-2, 10-8.1, 10-10, and 10-11 as follows: 31 (305 ILCS 5/10-2) (from Ch. 23, par. 10-2) 32 Sec. 10-2. Extent of Liability. A husband is liable for SB1966 Enrolled -11- LRB9215665DJgc 1 the support of his wife and a wife for the support of her 2 husband. Unless the child is otherwise emancipated, the 3 parents are severally liable for the support of any child 4 under age 18, and for any child aged 18 who is attending high 5 school, until that child graduates from high school, or 6 attains the age of 19, whichever is earlier21, except that a7parent is not liable for a child age 18 or over if such child8is not living with the parent or parents, and a parent is not9liable for a child of any age if the child has married and is10not living with the parent or parents. A child shall be11considered to be living with the parent or parents if such12child is absent from the parent's or parents' home only in13order to regularly attend a school, college or university or14to receive technical training designed for preparation for15gainful employment. The term "child" includes a child born 16 out of wedlock, or legally adopted child. 17 In addition to the primary obligation of support imposed 18 upon responsible relatives, such relatives, if individually 19 or together in any combination they have sufficient income or 20 other resources to support a needy person, in whole or in 21 part, shall be liable for any financial aid extended under 22 this Code to a person for whose support they are responsible, 23 including amounts expended for funeral and burial costs. 24 (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.) 25 (305 ILCS 5/10-8.1) 26 Sec. 10-8.1. Temporary order for child support. 27 Notwithstanding any other law to the contrary, pending the 28 outcome of an administrative determination of parentage, the 29 Illinois Department shall issue a temporary order for child 30 support, upon motion by a party and a showing of clear and 31 convincing evidence of paternity. In determining the amount 32 of the temporary child support award, the Illinois Department 33 shall use the guidelines and standards set forth in SB1966 Enrolled -12- LRB9215665DJgc 1 subsection (a) of Section 505 and in Section 505.2 of the 2 Illinois Marriage and Dissolution of Marriage Act. 3 Any new or existing support order entered by the Illinois 4 Department under this Section shall be deemed to be a series 5 of judgments against the person obligated to pay support 6 thereunder, each such judgment to be in the amount of each 7 payment or installment of support and each judgment to be 8 deemed entered as of the date the corresponding payment or 9 installment becomes due under the terms of the support order. 10 Each such judgment shall have the full force, effect, and 11 attributes of any other judgment of this State, including the 12 ability to be enforced. Any such judgment is subject to 13 modification or termination only in accordance with Section 14 510 of the Illinois Marriage and Dissolution of Marriage Act. 15 A lien arises by operation of law against the real and 16 personal property of the noncustodial parent for each 17 installment of overdue support owed by the noncustodial 18 parent. 19 All orders for support entered or modified in a case in 20 which a party is receiving child and spouse support services 21 under this Article X shall include a provision requiring the 22 non-custodial parent to notify the Illinois Department, 23 within 7 days, (i) of the name, address, and telephone number 24 of any new employer of the non-custodial parent, (ii) whether 25 the non-custodial parent has access to health insurance 26 coverage through the employer or other group coverage, and, 27 if so, the policy name and number and the names of persons 28 covered under the policy, and (iii) of any new residential or 29 mailing address or telephone number of the non-custodial 30 parent. 31 In any subsequent action to enforce a support order, upon 32 sufficient showing that diligent effort has been made to 33 ascertain the location of the non-custodial parent, service 34 of process or provision of notice necessary in that action SB1966 Enrolled -13- LRB9215665DJgc 1 may be made at the last known address of the non-custodial 2 parent, in any manner expressly provided by the Code of Civil 3 Procedure or this Act, which service shall be sufficient for 4 purposes of due process. 5 An order for support shall include a date on which the 6 current support obligation terminates. The termination date 7 shall be no earlier than the date on which the child covered 8 by the order will attain the age of 18. However, if the 9 child will not graduate from high school until after 10 attaining the age of 18, then the termination date shall be 11 no earlier than the earlier of the date on which the child's 12 high school graduation will occur or the date on which the 13 child will attain the age of 19majority or is otherwise14emancipated. The order for support shall state that the 15 termination date does not apply to any arrearage that may 16 remain unpaid on that date. Nothing in this paragraph shall 17 be construed to prevent the Illinois Department from 18 modifying the order or terminating the order in the event the 19 child is otherwise emancipated. 20 (Source: P.A. 90-18, eff. 7-1-97.) 21 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10) 22 Sec. 10-10. Court enforcement; applicability also to 23 persons who are not applicants or recipients. Except where 24 the Illinois Department, by agreement, acts for the local 25 governmental unit, as provided in Section 10-3.1, local 26 governmental units shall refer to the State's Attorney or to 27 the proper legal representative of the governmental unit, for 28 judicial enforcement as herein provided, instances of 29 non-support or insufficient support when the dependents are 30 applicants or recipients under Article VI. The Child and 31 Spouse Support Unit established by Section 10-3.1 may 32 institute in behalf of the Illinois Department any actions 33 under this Section for judicial enforcement of the support SB1966 Enrolled -14- LRB9215665DJgc 1 liability when the dependents are (a) applicants or 2 recipients under Articles III, IV, V or VII; (b) applicants 3 or recipients in a local governmental unit when the Illinois 4 Department, by agreement, acts for the unit; or (c) 5 non-applicants or non-recipients who are receiving support 6 enforcement services under this Article X, as provided in 7 Section 10-1. Where the Child and Spouse Support Unit has 8 exercised its option and discretion not to apply the 9 provisions of Sections 10-3 through 10-8, the failure by the 10 Unit to apply such provisions shall not be a bar to bringing 11 an action under this Section. 12 Action shall be brought in the circuit court to obtain 13 support, or for the recovery of aid granted during the period 14 such support was not provided, or both for the obtainment of 15 support and the recovery of the aid provided. Actions for 16 the recovery of aid may be taken separately or they may be 17 consolidated with actions to obtain support. Such actions 18 may be brought in the name of the person or persons requiring 19 support, or may be brought in the name of the Illinois 20 Department or the local governmental unit, as the case 21 requires, in behalf of such persons. 22 The court may enter such orders for the payment of moneys 23 for the support of the person as may be just and equitable 24 and may direct payment thereof for such period or periods of 25 time as the circumstances require, including support for a 26 period before the date the order for support is entered. The 27 order may be entered against any or all of the defendant 28 responsible relatives and may be based upon the proportionate 29 ability of each to contribute to the person's support. 30 The Court shall determine the amount of child support 31 (including child support for a period before the date the 32 order for child support is entered) by using the guidelines 33 and standards set forth in subsection (a) of Section 505 and 34 in Section 505.2 of the Illinois Marriage and Dissolution of SB1966 Enrolled -15- LRB9215665DJgc 1 Marriage Act. For purposes of determining the amount of child 2 support to be paid for a period before the date the order for 3 child support is entered, there is a rebuttable presumption 4 that the responsible relative's net income for that period 5 was the same as his or her net income at the time the order 6 is entered. 7 If (i) the responsible relative was properly served with 8 a request for discovery of financial information relating to 9 the responsible relative's ability to provide child support, 10 (ii) the responsible relative failed to comply with the 11 request, despite having been ordered to do so by the court, 12 and (iii) the responsible relative is not present at the 13 hearing to determine support despite having received proper 14 notice, then any relevant financial information concerning 15 the responsible relative's ability to provide child support 16 that was obtained pursuant to subpoena and proper notice 17 shall be admitted into evidence without the need to establish 18 any further foundation for its admission. 19 An order entered under this Section shall include a 20 provision requiring the obligor to report to the obligee and 21 to the clerk of court within 10 days each time the obligor 22 obtains new employment, and each time the obligor's 23 employment is terminated for any reason. The report shall be 24 in writing and shall, in the case of new employment, include 25 the name and address of the new employer. Failure to report 26 new employment or the termination of current employment, if 27 coupled with nonpayment of support for a period in excess of 28 60 days, is indirect criminal contempt. For any obligor 29 arrested for failure to report new employment bond shall be 30 set in the amount of the child support that should have been 31 paid during the period of unreported employment. An order 32 entered under this Section shall also include a provision 33 requiring the obligor and obligee parents to advise each 34 other of a change in residence within 5 days of the change SB1966 Enrolled -16- LRB9215665DJgc 1 except when the court finds that the physical, mental, or 2 emotional health of a party or that of a minor child, or 3 both, would be seriously endangered by disclosure of the 4 party's address. 5 The Court shall determine the amount of maintenance using 6 the standards set forth in Section 504 of the Illinois 7 Marriage and Dissolution of Marriage Act. 8 Any new or existing support order entered by the court 9 under this Section shall be deemed to be a series of 10 judgments against the person obligated to pay support 11 thereunder, each such judgment to be in the amount of each 12 payment or installment of support and each such judgment to 13 be deemed entered as of the date the corresponding payment or 14 installment becomes due under the terms of the support order. 15 Each such judgment shall have the full force, effect and 16 attributes of any other judgment of this State, including the 17 ability to be enforced. Any such judgment is subject to 18 modification or termination only in accordance with Section 19 510 of the Illinois Marriage and Dissolution of Marriage Act. 20 A lien arises by operation of law against the real and 21 personal property of the noncustodial parent for each 22 installment of overdue support owed by the noncustodial 23 parent. 24 When an order is entered for the support of a minor, the 25 court may provide therein for reasonable visitation of the 26 minor by the person or persons who provided support pursuant 27 to the order. Whoever willfully refuses to comply with such 28 visitation order or willfully interferes with its enforcement 29 may be declared in contempt of court and punished therefor. 30 Except where the local governmental unit has entered into 31 an agreement with the Illinois Department for the Child and 32 Spouse Support Unit to act for it, as provided in Section 33 10-3.1, support orders entered by the court in cases 34 involving applicants or recipients under Article VI shall SB1966 Enrolled -17- LRB9215665DJgc 1 provide that payments thereunder be made directly to the 2 local governmental unit. Orders for the support of all other 3 applicants or recipients shall provide that payments 4 thereunder be made directly to the Illinois Department. In 5 accordance with federal law and regulations, the Illinois 6 Department may continue to collect current maintenance 7 payments or child support payments, or both, after those 8 persons cease to receive public assistance and until 9 termination of services under Article X. The Illinois 10 Department shall pay the net amount collected to those 11 persons after deducting any costs incurred in making the 12 collection or any collection fee from the amount of any 13 recovery made. In both cases the order shall permit the 14 local governmental unit or the Illinois Department, as the 15 case may be, to direct the responsible relative or relatives 16 to make support payments directly to the needy person, or to 17 some person or agency in his behalf, upon removal of the 18 person from the public aid rolls or upon termination of 19 services under Article X. 20 If the notice of support due issued pursuant to Section 21 10-7 directs that support payments be made directly to the 22 needy person, or to some person or agency in his behalf, and 23 the recipient is removed from the public aid rolls, court 24 action may be taken against the responsible relative 25 hereunder if he fails to furnish support in accordance with 26 the terms of such notice. 27 Actions may also be brought under this Section in behalf 28 of any person who is in need of support from responsible 29 relatives, as defined in Section 2-11 of Article II who is 30 not an applicant for or recipient of financial aid under this 31 Code. In such instances, the State's Attorney of the county 32 in which such person resides shall bring action against the 33 responsible relatives hereunder. If the Illinois Department, 34 as authorized by Section 10-1, extends the support services SB1966 Enrolled -18- LRB9215665DJgc 1 provided by this Article to spouses and dependent children 2 who are not applicants or recipients under this Code, the 3 Child and Spouse Support Unit established by Section 10-3.1 4 shall bring action against the responsible relatives 5 hereunder and any support orders entered by the court in such 6 cases shall provide that payments thereunder be made directly 7 to the Illinois Department. 8 Whenever it is determined in a proceeding to establish or 9 enforce a child support or maintenance obligation that the 10 person owing a duty of support is unemployed, the court may 11 order the person to seek employment and report periodically 12 to the court with a diary, listing or other memorandum of his 13 or her efforts in accordance with such order. Additionally, 14 the court may order the unemployed person to report to the 15 Department of Employment Security for job search services or 16 to make application with the local Job Training Partnership 17 Act provider for participation in job search, training or 18 work programs and where the duty of support is owed to a 19 child receiving support services under this Article X, the 20 court may order the unemployed person to report to the 21 Illinois Department for participation in job search, training 22 or work programs established under Section 9-6 and Article 23 IXA of this Code. 24 Whenever it is determined that a person owes past-due 25 support for a child receiving assistance under this Code, the 26 court shall order at the request of the Illinois Department: 27 (1) that the person pay the past-due support in 28 accordance with a plan approved by the court; or 29 (2) if the person owing past-due support is 30 unemployed, is subject to such a plan, and is not 31 incapacitated, that the person participate in such job 32 search, training, or work programs established under 33 Section 9-6 and Article IXA of this Code as the court 34 deems appropriate. SB1966 Enrolled -19- LRB9215665DJgc 1 A determination under this Section shall not be 2 administratively reviewable by the procedures specified in 3 Sections 10-12, and 10-13 to 10-13.10. Any determination 4 under these Sections, if made the basis of court action under 5 this Section, shall not affect the de novo judicial 6 determination required under this Section. 7 A one-time charge of 20% is imposable upon the amount of 8 past-due child support owed on July 1, 1988 which has accrued 9 under a support order entered by the court. The charge shall 10 be imposed in accordance with the provisions of Section 10-21 11 of this Code and shall be enforced by the court upon 12 petition. 13 All orders for support, when entered or modified, shall 14 include a provision requiring the non-custodial parent to 15 notify the court and, in cases in which a party is receiving 16 child and spouse support services under this Article X, the 17 Illinois Department, within 7 days, (i) of the name, address, 18 and telephone number of any new employer of the non-custodial 19 parent, (ii) whether the non-custodial parent has access to 20 health insurance coverage through the employer or other group 21 coverage and, if so, the policy name and number and the names 22 of persons covered under the policy, and (iii) of any new 23 residential or mailing address or telephone number of the 24 non-custodial parent. In any subsequent action to enforce a 25 support order, upon a sufficient showing that a diligent 26 effort has been made to ascertain the location of the 27 non-custodial parent, service of process or provision of 28 notice necessary in the case may be made at the last known 29 address of the non-custodial parent in any manner expressly 30 provided by the Code of Civil Procedure or this Code, which 31 service shall be sufficient for purposes of due process. 32 An order for support shall include a date on which the 33 current support obligation terminates. The termination date 34 shall be no earlier than the date on which the child covered SB1966 Enrolled -20- LRB9215665DJgc 1 by the order will attain the age of 18. However, if the 2 child will not graduate from high school until after 3 attaining the age of 18, then the termination date shall be 4 no earlier than the earlier of the date on which the child's 5 high school graduation will occur or the date on which the 6 child will attain the age of 19majority or is otherwise7emancipated. The order for support shall state that the 8 termination date does not apply to any arrearage that may 9 remain unpaid on that date. Nothing in this paragraph shall 10 be construed to prevent the court from modifying the order or 11 terminating the order in the event the child is otherwise 12 emancipated. 13 Upon notification in writing or by electronic 14 transmission from the Illinois Department to the clerk of the 15 court that a person who is receiving support payments under 16 this Section is receiving services under the Child Support 17 Enforcement Program established by Title IV-D of the Social 18 Security Act, any support payments subsequently received by 19 the clerk of the court shall be transmitted in accordance 20 with the instructions of the Illinois Department until the 21 Illinois Department gives notice to the clerk of the court to 22 cease the transmittal. After providing the notification 23 authorized under this paragraph, the Illinois Department 24 shall be entitled as a party to notice of any further 25 proceedings in the case. The clerk of the court shall file a 26 copy of the Illinois Department's notification in the court 27 file. The clerk's failure to file a copy of the notification 28 in the court file shall not, however, affect the Illinois 29 Department's right to receive notice of further proceedings. 30 Payments under this Section to the Illinois Department 31 pursuant to the Child Support Enforcement Program established 32 by Title IV-D of the Social Security Act shall be paid into 33 the Child Support Enforcement Trust Fund. All payments under 34 this Section to the Illinois Department of Human Services SB1966 Enrolled -21- LRB9215665DJgc 1 shall be deposited in the DHS Recoveries Trust Fund. 2 Disbursements from these funds shall be as provided in 3 Sections 12-9.1 and 12-10.2 of this Code. Payments received 4 by a local governmental unit shall be deposited in that 5 unit's General Assistance Fund. 6 To the extent the provisions of this Section are 7 inconsistent with the requirements pertaining to the State 8 Disbursement Unit under Sections 10-10.4 and 10-26 of this 9 Code, the requirements pertaining to the State Disbursement 10 Unit shall apply. 11 (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 12 91-357, eff. 7-29-99; 91-767, eff. 6-9-00; 92-16, eff. 13 6-28-01.) 14 (305 ILCS 5/10-11) (from Ch. 23, par. 10-11) 15 Sec. 10-11. Administrative Orders. In lieu of actions 16 for court enforcement of support under Section 10-10, the 17 Child and Spouse Support Unit of the Illinois Department, in 18 accordance with the rules of the Illinois Department, may 19 issue an administrative order requiring the responsible 20 relative to comply with the terms of the determination and 21 notice of support due, determined and issued under Sections 22 10-6 and 10-7. The Unit may also enter an administrative 23 order under subsection (b) of Section 10-7. The 24 administrative order shall be served upon the responsible 25 relative by United States registered or certified mail. In 26 cases in which the responsible relative appeared at the 27 office of the Child and Spouse Support Unit in response to 28 the notice of support obligation issued under Section 10-4, 29 however, or in cases of default in which the notice was 30 served on the responsible relative by certified mail, return 31 receipt requested, or by any method provided by law for 32 service of summons, the administrative determination of 33 paternity or administrative support order may be sent to the SB1966 Enrolled -22- LRB9215665DJgc 1 responsible relative by ordinary mail addressed to the 2 responsible relative's last known address. 3 If a responsible relative or a person receiving child and 4 spouse support services under this Article fails to petition 5 the Illinois Department for release from or modification of 6 the administrative order, as provided in Section 10-12 or 7 Section 10-12.1, the order shall become final and there shall 8 be no further administrative or judicial remedy. Likewise a 9 decision by the Illinois Department as a result of an 10 administrative hearing, as provided in Sections 10-13 to 11 10-13.10, shall become final and enforceable if not 12 judicially reviewed under the Administrative Review Law, as 13 provided in Section 10-14. 14 Any new or existing support order entered by the Illinois 15 Department under this Section shall be deemed to be a series 16 of judgments against the person obligated to pay support 17 thereunder, each such judgment to be in the amount of each 18 payment or installment of support and each such judgment to 19 be deemed entered as of the date the corresponding payment or 20 installment becomes due under the terms of the support order. 21 Each such judgment shall have the full force, effect and 22 attributes of any other judgment of this State, including the 23 ability to be enforced. Any such judgment is subject to 24 modification or termination only in accordance with Section 25 510 of the Illinois Marriage and Dissolution of Marriage Act. 26 A lien arises by operation of law against the real and 27 personal property of the noncustodial parent for each 28 installment of overdue support owed by the noncustodial 29 parent. 30 An order entered under this Section shall include a 31 provision requiring the obligor to report to the obligee and 32 to the clerk of court within 10 days each time the obligor 33 obtains new employment, and each time the obligor's 34 employment is terminated for any reason. The report shall be SB1966 Enrolled -23- LRB9215665DJgc 1 in writing and shall, in the case of new employment, include 2 the name and address of the new employer. Failure to report 3 new employment or the termination of current employment, if 4 coupled with nonpayment of support for a period in excess of 5 60 days, is indirect criminal contempt. For any obligor 6 arrested for failure to report new employment bond shall be 7 set in the amount of the child support that should have been 8 paid during the period of unreported employment. An order 9 entered under this Section shall also include a provision 10 requiring the obligor and obligee parents to advise each 11 other of a change in residence within 5 days of the change 12 except when the court finds that the physical, mental, or 13 emotional health of a party or that of a minor child, or 14 both, would be seriously endangered by disclosure of the 15 party's address. 16 A one-time charge of 20% is imposable upon the amount of 17 past-due child support owed on July 1, 1988, which has 18 accrued under a support order entered by the Illinois 19 Department under this Section. The charge shall be imposed 20 in accordance with the provisions of Section 10-21 and shall 21 be enforced by the court in a suit filed under Section 10-15. 22 An order for support shall include a date on which the 23 support obligation terminates. The termination date shall be 24 no earlier than the date on which the child covered by the 25 order will attain the age of 18. However, if the child will 26 not graduate from high school until after attaining the age 27 of 18, then the termination date shall be no earlier than the 28 earlier of the date that the child's graduation will occur or 29 the date on which the child will attain the age of 19. The 30 order for support shall state that the termination date does 31 not apply to any arrearage that may remain unpaid on that 32 date. Nothing in this paragraph shall be construed to 33 prevent the Illinois Department from modifying the order or 34 terminating the order in the event the child is otherwise SB1966 Enrolled -24- LRB9215665DJgc 1 emancipated. 2 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98; 3 90-655, eff. 7-30-98; 90-790, eff. 8-14-98; 91-212, eff. 4 7-20-99.) 5 Section 910. The Illinois Marriage and Dissolution of 6 Marriage Act is amended by changing Sections 505, 505.2, 510, 7 and 513 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 aminor21 child includes the obligation to provide for the reasonable 22 and necessary physical, mental and emotional health needs of 23 the child. For purposes of this Section, the term "child" 24 shall include any child under age 18 and any child under age 25 19 who is still attending high school. 26 (1) The Court shall determine the minimum amount of 27 support by using the following guidelines: 28 Number of Children Percent of Supporting Party's 29 Net Income 30 1 20% 31 2 25% 32 3 32% SB1966 Enrolled -25- LRB9215665DJgc 1 4 40% 2 5 45% 3 6 or more 50% 4 (2) The above guidelines shall be applied in each 5 case unless the court makes a finding that application of 6 the guidelines would be inappropriate, after considering 7 the best interests of the child in light of evidence 8 including but not limited to one or more of the following 9 relevant factors: 10 (a) the financial resources and needs of the 11 child; 12 (b) the financial resources and needs of the 13 custodial parent; 14 (c) the standard of living the child would 15 have enjoyed had the marriage not been dissolved; 16 (d) the physical and emotional condition of 17 the child, and his educational needs; and 18 (e) the financial resources and needs of the 19 non-custodial parent. 20 If the court deviates from the guidelines, the 21 court's finding shall state the amount of support that 22 would have been required under the guidelines, if 23 determinable. The court shall include the reason or 24 reasons for the variance from the guidelines. 25 (3) "Net income" is defined as the total of all 26 income from all sources, minus the following deductions: 27 (a) Federal income tax (properly calculated 28 withholding or estimated payments); 29 (b) State income tax (properly calculated 30 withholding or estimated payments); 31 (c) Social Security (FICA payments); 32 (d) Mandatory retirement contributions 33 required by law or as a condition of employment; 34 (e) Union dues; SB1966 Enrolled -26- LRB9215665DJgc 1 (f) Dependent and individual 2 health/hospitalization insurance premiums; 3 (g) Prior obligations of support or 4 maintenance actually paid pursuant to a court order; 5 (h) Expenditures for repayment of debts that 6 represent reasonable and necessary expenses for the 7 production of income, medical expenditures necessary 8 to preserve life or health, reasonable expenditures 9 for the benefit of the child and the other parent, 10 exclusive of gifts. The court shall reduce net 11 income in determining the minimum amount of support 12 to be ordered only for the period that such payments 13 are due and shall enter an order containing 14 provisions for its self-executing modification upon 15 termination of such payment period. 16 (4) In cases where the court order provides for 17 health/hospitalization insurance coverage pursuant to 18 Section 505.2 of this Act, the premiums for that 19 insurance, or that portion of the premiums for which the 20 supporting party is responsible in the case of insurance 21 provided through an employer's health insurance plan 22 where the employer pays a portion of the premiums, shall 23 be subtracted from net income in determining the minimum 24 amount of support to be ordered. 25 (4.5) In a proceeding for child support following 26 dissolution of the marriage by a court that lacked 27 personal jurisdiction over the absent spouse, and in 28 which the court is requiring payment of support for the 29 period before the date an order for current support is 30 entered, there is a rebuttable presumption that the 31 supporting party's net income for the prior period was 32 the same as his or her net income at the time the order 33 for current support is entered. 34 (5) If the net income cannot be determined because SB1966 Enrolled -27- LRB9215665DJgc 1 of default or any other reason, the court shall order 2 support in an amount considered reasonable in the 3 particular case. The final order in all cases shall 4 state the support level in dollar amounts. However, if 5 the court finds that the child support amount cannot be 6 expressed exclusively as a dollar amount because all or a 7 portion of the payor's net income is uncertain as to 8 source, time of payment, or amount, the court may order a 9 percentage amount of support in addition to a specific 10 dollar amount and enter such other orders as may be 11 necessary to determine and enforce, on a timely basis, 12 the applicable support ordered. 13 (6) If (i) the non-custodial parent was properly 14 served with a request for discovery of financial 15 information relating to the non-custodial parent's 16 ability to provide child support, (ii) the non-custodial 17 parent failed to comply with the request, despite having 18 been ordered to do so by the court, and (iii) the 19 non-custodial parent is not present at the hearing to 20 determine support despite having received proper notice, 21 then any relevant financial information concerning the 22 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 25 establish any further foundation for its admission. 26 (a-5) In an action to enforce an order for support based 27 on the respondent's failure to make support payments as 28 required by the order, notice of proceedings to hold the 29 respondent in contempt for that failure may be served on the 30 respondent by personal service or by regular mail addressed 31 to the respondent's last known address. The respondent's last 32 known address may be determined from records of the clerk of 33 the court, from the Federal Case Registry of Child Support 34 Orders, or by any other reasonable means. SB1966 Enrolled -28- LRB9215665DJgc 1 (b) Failure of either parent to comply with an order to 2 pay support shall be punishable as in other cases of 3 contempt. In addition to other penalties provided by law the 4 Court may, after finding the parent guilty of contempt, order 5 that the parent be: 6 (1) placed on probation with such conditions of 7 probation as the Court deems advisable; 8 (2) sentenced to periodic imprisonment for a period 9 not to exceed 6 months; provided, however, that the Court 10 may permit the parent to be released for periods of time 11 during the day or night to: 12 (A) work; or 13 (B) conduct a business or other self-employed 14 occupation. 15 The Court may further order any part or all of the 16 earnings of a parent during a sentence of periodic 17 imprisonment paid to the Clerk of the Circuit Court or to the 18 parent having custody or to the guardian having custody of 19 theminorchildren of the sentenced parent for the support of 20 saidminorchildren until further order of the Court. 21 If there is a unity of interest and ownership sufficient 22 to render no financial separation between a non-custodial 23 parent and another person or persons or business entity, the 24 court may pierce the ownership veil of the person, persons, 25 or business entity to discover assets of the non-custodial 26 parent held in the name of that person, those persons, or 27 that business entity. The following circumstances are 28 sufficient to authorize a court to order discovery of the 29 assets of a person, persons, or business entity and to compel 30 the application of any discovered assets toward payment on 31 the judgment for support: 32 (1) the non-custodial parent and the person, 33 persons, or business entity maintain records together. 34 (2) the non-custodial parent and the person, SB1966 Enrolled -29- LRB9215665DJgc 1 persons, or business entity fail to maintain an arms 2 length relationship between themselves with regard to any 3 assets. 4 (3) the non-custodial parent transfers assets to 5 the person, persons, or business entity with the intent 6 to perpetrate a fraud on the custodial parent. 7 With respect to assets which are real property, no order 8 entered under this paragraph shall affect the rights of bona 9 fide purchasers, mortgagees, judgment creditors, or other 10 lien holders who acquire their interests in the property 11 prior to the time a notice of lis pendens pursuant to the 12 Code of Civil Procedure or a copy of the order is placed of 13 record in the office of the recorder of deeds for the county 14 in which the real property is located. 15 The court may also order in cases where the parent is 90 16 days or more delinquent in payment of support or has been 17 adjudicated in arrears in an amount equal to 90 days 18 obligation or more, that the parent's Illinois driving 19 privileges be suspended until the court determines that the 20 parent is in compliance with the order of support. The court 21 may also order that the parent be issued a family financial 22 responsibility driving permit that would allow limited 23 driving privileges for employment and medical purposes in 24 accordance with Section 7-702.1 of the Illinois Vehicle Code. 25 The clerk of the circuit court shall certify the order 26 suspending the driving privileges of the parent or granting 27 the issuance of a family financial responsibility driving 28 permit to the Secretary of State on forms prescribed by the 29 Secretary. Upon receipt of the authenticated documents, the 30 Secretary of State shall suspend the parent's driving 31 privileges until further order of the court and shall, if 32 ordered by the court, subject to the provisions of Section 33 7-702.1 of the Illinois Vehicle Code, issue a family 34 financial responsibility driving permit to the parent. SB1966 Enrolled -30- LRB9215665DJgc 1 In addition to the penalties or punishment that may be 2 imposed under this Section, any person whose conduct 3 constitutes a violation of Section 15 of the Non-Support 4 Punishment Act may be prosecuted under that Act, and a person 5 convicted under that Act may be sentenced in accordance with 6 that Act. The sentence may include but need not be limited 7 to a requirement that the person perform community service 8 under Section 50 of that Act or participate in a work 9 alternative program under Section 50 of that Act. A person 10 may not be required to participate in a work alternative 11 program under Section 50 of that Act if the person is 12 currently participating in a work program pursuant to Section 13 505.1 of this Act. 14 A support obligation, or any portion of a support 15 obligation, which becomes due and remains unpaid for 30 days 16 or more shall accrue simple interest at the rate of 9% per 17 annum. An order for support entered or modified on or after 18 January 1, 2002 shall contain a statement that a support 19 obligation required under the order, or any portion of a 20 support obligation required under the order, that becomes due 21 and remains unpaid for 30 days or more shall accrue simple 22 interest at the rate of 9% per annum. Failure to include the 23 statement in the order for support does not affect the 24 validity of the order or the accrual of interest as provided 25 in this Section. 26 (c) A one-time charge of 20% is imposable upon the 27 amount of past-due child support owed on July 1, 1988 which 28 has accrued under a support order entered by the court. The 29 charge shall be imposed in accordance with the provisions of 30 Section 10-21 of the Illinois Public Aid Code and shall be 31 enforced by the court upon petition. 32 (d) Any new or existing support order entered by the 33 court under this Section shall be deemed to be a series of 34 judgments against the person obligated to pay support SB1966 Enrolled -31- LRB9215665DJgc 1 thereunder, each such judgment to be in the amount of each 2 payment or installment of support and each such judgment to 3 be deemed entered as of the date the corresponding payment or 4 installment becomes due under the terms of the support order. 5 Each such judgment shall have the full force, effect and 6 attributes of any other judgment of this State, including the 7 ability to be enforced. A lien arises by operation of law 8 against the real and personal property of the noncustodial 9 parent for each installment of overdue support owed by the 10 noncustodial parent. 11 (e) When child support is to be paid through the clerk 12 of the court in a county of 1,000,000 inhabitants or less, 13 the order shall direct the obligor to pay to the clerk, in 14 addition to the child support payments, all fees imposed by 15 the county board under paragraph (3) of subsection (u) of 16 Section 27.1 of the Clerks of Courts Act. Unless paid in 17 cash or pursuant to an order for withholding, the payment of 18 the fee shall be by a separate instrument from the support 19 payment and shall be made to the order of the Clerk. 20 (f) All orders for support, when entered or modified, 21 shall include a provision requiring the obligor to notify the 22 court and, in cases in which a party is receiving child and 23 spouse services under Article X of the Illinois Public Aid 24 Code, the Illinois Department of Public Aid, within 7 days, 25 (i) of the name and address of any new employer of the 26 obligor, (ii) whether the obligor 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, and (iii) of any new 30 residential or mailing address or telephone number of the 31 non-custodial parent. In any subsequent action to enforce a 32 support order, upon a sufficient showing that a diligent 33 effort has been made to ascertain the location of the 34 non-custodial parent, service of process or provision of SB1966 Enrolled -32- LRB9215665DJgc 1 notice necessary in the case may be made at the last known 2 address of the non-custodial parent in any manner expressly 3 provided by the Code of Civil Procedure or this Act, which 4 service shall be sufficient for purposes of due process. 5 (g) An order for support shall include a date on which 6 the current support obligation terminates. The termination 7 date shall be no earlier than the date on which the child 8 covered by the order will attain the age of 18. However, if 9 the child will not graduate from high school until after 10 attaining the age of 18, then the termination date shall be 11 no earlier than the earlier of the date on which the child's 12 high school graduation will occur or the date on which the 13 child will attain the age of 19majority or is otherwise14emancipated. The order for support shall state that the 15 termination date does not apply to any arrearage that may 16 remain unpaid on that date. Nothing in this subsection shall 17 be construed to prevent the court from modifying the order or 18 terminating the order in the event the child is otherwise 19 emancipated. 20 (h) An order entered under this Section shall include a 21 provision requiring the obligor to report to the obligee and 22 to the clerk of court within 10 days each time the obligor 23 obtains new employment, and each time the obligor's 24 employment is terminated for any reason. The report shall be 25 in writing and shall, in the case of new employment, include 26 the name and address of the new employer. Failure to report 27 new employment or the termination of current employment, if 28 coupled with nonpayment of support for a period in excess of 29 60 days, is indirect criminal contempt. For any obligor 30 arrested for failure to report new employment bond shall be 31 set in the amount of the child support that should have been 32 paid during the period of unreported employment. An order 33 entered under this Section shall also include a provision 34 requiring the obligor and obligee parents to advise each SB1966 Enrolled -33- LRB9215665DJgc 1 other of a change in residence within 5 days of the change 2 except when the court finds that the physical, mental, or 3 emotional health of a party or that of aminorchild, or 4 both, would be seriously endangered by disclosure of the 5 party's address. 6 (i) The court does not lose the powers of contempt, 7 driver's license suspension, or other child support 8 enforcement mechanisms, including, but not limited to, 9 criminal prosecution as set forth in this Act, upon the 10 emancipation of the minor child or children. 11 (Source: P.A. 91-113, eff. 7-15-99; 91-397, eff. 1-1-00; 12 91-655, eff. 6-1-00; 91-767, eff. 6-9-00; 92-16, eff. 13 6-28-01; 92-203, eff. 8-1-01; 92-374, eff. 8-15-01; revised 14 10-15-01.) 15 (750 ILCS 5/505.2) (from Ch. 40, par. 505.2) 16 Sec. 505.2. Health insurance. 17 (a) Definitions. As used in this Section: 18 (1) "Obligee" means the individual to whom the duty 19 of support is owed or the individual's legal 20 representative. 21 (2) "Obligor" means the individual who owes a duty 22 of support pursuant to an order for support. 23 (3) "Public office" means any elected official or 24 any State or local agency which is or may become 25 responsible by law for enforcement of, or which is or may 26 become authorized to enforce, an order for support, 27 including, but not limited to: the Attorney General, the 28 Illinois Department of Public Aid, the Illinois 29 Department of Human Services, the Illinois Department of 30 Children and Family Services, and the various State's 31 Attorneys, Clerks of the Circuit Court and supervisors of 32 general assistance. 33 (4) "Child" shall have the meaning ascribed to it SB1966 Enrolled -34- LRB9215665DJgc 1 in Section 505. 2 (b) Order. 3 (1) Whenever the court establishes, modifies or 4 enforces an order for child support or for child support 5 and maintenance the court shall include in the order a 6 provision for the health care coverage of the child which 7 shall, upon request of the obligee or Public Office, 8 require that any child covered by the order be named as a 9 beneficiary of any health insurance plan that is 10 available to the obligor through an employer or labor 11 union or trade union. If the court finds that such a 12 plan is not available to the obligor, or that the plan is 13 not accessible to the obligee, the court may, upon 14 request of the obligee or Public Office, order the 15 obligor to name the child covered by the order as a 16 beneficiary of any health insurance plan that is 17 available to the obligor on a group basis, or as a 18 beneficiary of an independent health insurance plan to be 19 obtained by the obligor, after considering the following 20 factors: 21 (A) the medical needs of the child; 22 (B) the availability of a plan to meet those 23 needs; and 24 (C) the cost of such a plan to the obligor. 25 (2) If the employer or labor union or trade union 26 offers more than one plan, the order shall require the 27 obligor to name the child as a beneficiary of the plan in 28 which the obligor is enrolled. 29 (3) Nothing in this Section shall be construed to 30 limit the authority of the court to establish or modify a 31 support order to provide for payment of expenses, 32 including deductibles, copayments and any other health 33 expenses, which are in addition to expenses covered by an 34 insurance plan of which a child is ordered to be named a SB1966 Enrolled -35- LRB9215665DJgc 1 beneficiary pursuant to this Section. 2 (c) Implementation and enforcement. 3 (1) When the court order requires that a minor 4 child be named as a beneficiary of a health insurance 5 plan, other than a health insurance plan available 6 through an employer or labor union or trade union, the 7 obligor shall provide written proof to the obligee or 8 Public Office that the required insurance has been 9 obtained, or that application for insurability has been 10 made, within 30 days of receiving notice of the court 11 order. Unless the obligor was present in court when the 12 order was issued, notice of the order shall be given 13 pursuant to Illinois Supreme Court Rules. If an obligor 14 fails to provide the required proof, he may be held in 15 contempt of court. 16 (2) When the court requires that aminorchild be 17 named as a beneficiary of a health insurance plan 18 available through an employer or labor union or trade 19 union, the court's order shall be implemented in 20 accordance with the Income Withholding for Support Act. 21 (d) Failure to maintain insurance. The dollar amount of 22 the premiums for court-ordered health insurance, or that 23 portion of the premiums for which the obligor is responsible 24 in the case of insurance provided under a group health 25 insurance plan through an employer or labor union or trade 26 union where the employer or labor union or trade union pays a 27 portion of the premiums, shall be considered an additional 28 child support obligation owed by the obligor. Whenever the 29 obligor fails to provide or maintain health insurance 30 pursuant to an order for support, the obligor shall be liable 31 to the obligee for the dollar amount of the premiums which 32 were not paid, and shall also be liable for all medical 33 expenses incurred by theminorchild which would have been 34 paid or reimbursed by the health insurance which the obligor SB1966 Enrolled -36- LRB9215665DJgc 1 was ordered to provide or maintain. In addition, the obligee 2 may petition the court to modify the order based solely on 3 the obligor's failure to pay the premiums for court-ordered 4 health insurance. 5 (e) Authorization for payment. The signature of the 6 obligee is a valid authorization to the insurer to process a 7 claim for payment under the insurance plan to the provider of 8 the health care services or to the obligee. 9 (f) Disclosure of information. The obligor's employer 10 or labor union or trade union shall disclose to the obligee 11 or Public Office, upon request, information concerning any 12 dependent coverage plans which would be made available to a 13 new employee or labor union member or trade union member. 14 The employer or labor union or trade union shall disclose 15 such information whether or not a court order for medical 16 support has been entered. 17 (g) Employer obligations. If a parent is required by an 18 order for support to provide coverage for a child's health 19 care expenses and if that coverage is available to the parent 20 through an employer who does business in this State, the 21 employer must do all of the following upon receipt of a copy 22 of the order of support or order for withholding: 23 (1) The employer shall, upon the parent's request, 24 permit the parent to include in that coverage a child who 25 is otherwise eligible for that coverage, without regard 26 to any enrollment season restrictions that might 27 otherwise be applicable as to the time period within 28 which the child may be added to that coverage. 29 (2) If the parent has health care coverage through 30 the employer but fails to apply for coverage of the 31 child, the employer shall include the child in the 32 parent's coverage upon application by the child's other 33 parent or the Illinois Department of Public Aid. 34 (3) The employer may not eliminate any child from SB1966 Enrolled -37- LRB9215665DJgc 1 the parent's health care coverage unless the employee is 2 no longer employed by the employer and no longer covered 3 under the employer's group health plan or unless the 4 employer is provided with satisfactory written evidence 5 of either of the following: 6 (A) The order for support is no longer in 7 effect. 8 (B) The child is or will be included in a 9 comparable health care plan obtained by the parent 10 under such order that is currently in effect or will 11 take effect no later than the date the prior 12 coverage is terminated. 13 The employer may eliminate a child from a parent's 14 health care plan obtained by the parent under such order 15 if the employer has eliminated dependent health care 16 coverage for all of its employees. 17 (Source: P.A. 92-16, eff. 6-28-01) 18 (750 ILCS 5/510) (from Ch. 40, par. 510) 19 Sec. 510. Modification and termination of provisions for 20 maintenance, support, educational expenses, and property 21 disposition. 22 (a) Except as otherwise provided in paragraph (f) of 23 Section 502 and in subsection (b)(d), clause (3) of Section 24 505.2, the provisions of any judgment respecting maintenance 25 or support may be modified only as to installments accruing 26 subsequent to due notice by the moving party of the filing of 27 the motion for modification and, with respect to maintenance, 28 only upon a showing of a substantial change in circumstances. 29 An order for child support may be modified as follows: 30 (1) upon a showing of a substantial change in 31 circumstances; and 32 (2) without the necessity of showing a substantial 33 change in circumstances, as follows: SB1966 Enrolled -38- LRB9215665DJgc 1 (A) upon a showing of an inconsistency of at 2 least 20%, but no less than $10 per month, between 3 the amount of the existing order and the amount of 4 child support that results from application of the 5 guidelines specified in Section 505 of this Act 6 unless the inconsistency is due to the fact that the 7 amount of the existing order resulted from a 8 deviation from the guideline amount and there has 9 not been a change in the circumstances that resulted 10 in that deviation; or 11 (B) Upon a showing of a need to provide for 12 the health care needs of the child under the order 13 through health insurance or other means. In no 14 event shall the eligibility for or receipt of 15 medical assistance be considered to meet the need to 16 provide for the child's health care needs. 17 The provisions of subparagraph (a)(2)(A) shall apply only 18 in cases in which a party is receiving child and spouse 19 support services from the Illinois Department of Public Aid 20 under Article X of the Illinois Public Aid Code, and only 21 when at least 36 months have elapsed since the order for 22 child support was entered or last modified. 23 (b) The provisions as to property disposition may not be 24 revoked or modified, unless the court finds the existence of 25 conditions that justify the reopening of a judgment under the 26 laws of this State. 27 (c) Unless otherwise agreed by the parties in a written 28 agreement set forth in the judgment or otherwise approved by 29 the court, the obligation to pay future maintenance is 30 terminated upon the death of either party, or the remarriage 31 of the party receiving maintenance, or if the party receiving 32 maintenance cohabits with another person on a resident, 33 continuing conjugal basis. 34 (d) Unless otherwise provided in this Act, or as agreed SB1966 Enrolled -39- LRB9215665DJgc 1 in writing or expressly provided in the judgment, provisions 2 for the support of a child are terminated by emancipation of 3 the child, or if the child has attained the age of 18 and is 4 still attending high school, provisions for the support of 5 the child are terminated upon the date that the child 6 graduates from high school or the date the child attains the 7 age of 19, whichever is earlier, but not by the death of a 8 parent obligated to support or educate the child.Unless9otherwise agreed in writing or expressly provided in a10judgment, provisions for the support of a child are11terminated by emancipation of the child, except as otherwise12provided herein, but not by the death of a parent obligated13to support or educate the child.An existing obligation to 14 pay for support or educational expenses, or both, is not 15 terminated by the death of a parent. When a parent obligated 16 to pay support or educational expenses, or both, dies, the 17 amount of support or educational expenses, or both, may be 18 enforced, modified, revoked or commuted to a lump sum 19 payment, as equity may require, and that determination may be 20 provided for at the time of the dissolution of the marriage 21 or thereafter. 22 (e) The right to petition for support or educational 23 expenses, or both, under Sections 505 and 513 is not 24 extinguished by the death of a parent. Upon a petition filed 25 before or after a parent's death, the court may award sums of 26 money out of the decedent's estate for the child's support or 27 educational expenses, or both, as equity may require. The 28 time within which a claim may be filed against the estate of 29 a decedent under Sections 505 and 513 and subsection (d) and 30 this subsection shall be governed by the provisions of the 31 Probate Act of 1975, as a barrable, noncontingent claim. 32 (f) A petition to modify or terminate child support, 33 custody, or visitation shall not delay any child support 34 enforcement litigation or supplementary proceeding on behalf SB1966 Enrolled -40- LRB9215665DJgc 1 of the obligee, including, but not limited to, a petition for 2 a rule to show cause, for non-wage garnishment, or for a 3 restraining order. 4 (Source: P.A. 92-289, eff. 8-9-01; revised 12-07-01.) 5 (750 ILCS 5/513) (from Ch. 40, par. 513) 6 Sec. 513. Support for Non-minor Children and Educational 7 Expenses. 8 (a) The court may award sums of money out of the 9 property and income of either or both parties or the estate 10 of a deceased parent, as equity may require, for the support 11 of the child or children of the parties who have attained 12 majority in the following instances: 13 (1) When the child is mentally or physically 14 disabled and not otherwise emancipated, an application 15 for support may be made before or after the child has 16 attained majority. 17 (2) The court may also make provision for the 18 educational expenses of the child or children of the 19 parties, whether of minor or majority age, and an 20 application for educational expenses may be made before 21 or after the child has attained majority, or after the 22 death of either parent. The authority under this Section 23 to make provision for educational expenses extends not 24 only to periods of college education or professional or 25 other training after graduation from high school, but 26 also to any period during which the child of the parties 27 is still attending high school, even though he or she 28 attained the age of 1918. The educational expenses may 29 include, but shall not be limited to, room, board, dues, 30 tuition, transportation, books, fees, registration and 31 application costs, medical expenses including medical 32 insurance, dental expenses, and living expenses during 33 the school year and periods of recess, which sums may be SB1966 Enrolled -41- LRB9215665DJgc 1 ordered payable to the child, to either parent, or to the 2 educational institution, directly or through a special 3 account or trust created for that purpose, as the court 4 sees fit. 5 If educational expenses are ordered payable, each 6 parent and the child shall sign any consents necessary 7 for the educational institution to provide the supporting 8 parent with access to the child's academic transcripts, 9 records, and grade reports. The consents shall not apply 10 to any non-academic records. Failure to execute the 11 required consent may be a basis for a modification or 12 termination of any order entered under this Section. 13 The authority under this Section to make provision 14 for educational expenses, except where the child is 15 mentally or physically disabled and not otherwise 16 emancipated, terminates when the child receives a 17 baccalaureate degree. 18 (b) In making awards under paragraph (1) or (2) of 19 subsection (a), or pursuant to a petition or motion to 20 decrease, modify, or terminate any such award, the court 21 shall consider all relevant factors that appear reasonable 22 and necessary, including: 23 (1) The financial resources of both parents. 24 (2) The standard of living the child would have 25 enjoyed had the marriage not been dissolved. 26 (3) The financial resources of the child. 27 (4) The child's academic performance. 28 (Source: P.A. 91-204, eff. 1-1-00.) 29 Section 915. The Non-Support Punishment Act is amended 30 by changing Sections 15 and 20 as follows: 31 (750 ILCS 16/15) 32 Sec. 15. Failure to support. SB1966 Enrolled -42- LRB9215665DJgc 1 (a) A person commits the offense of failure to support 2 when he or she: 3 (1) willfully, without any lawful excuse, refuses 4 to provide for the support or maintenance of his or her 5 spouse, with the knowledge that the spouse is in need of 6 such support or maintenance, or, without lawful excuse, 7 deserts or willfully refuses to provide for the support 8 or maintenance of his or her child or childrenunder the9age of 18 years,in need of support or maintenance and 10 the person has the ability to provide the support; or 11 (2) willfully fails to pay a support obligation 12 required under a court or administrative order for 13 support, if the obligation has remained unpaid for a 14 period longer than 6 months, or is in arrears in an 15 amount greater than $5,000, and the person has the 16 ability to provide the support; or 17 (3) leaves the State with the intent to evade a 18 support obligation required under a court or 19 administrative order for support, if the obligation, 20 regardless of when it accrued, has remained unpaid for a 21 period longer than 6 months, or is in arrears in an 22 amount greater than $10,000; or 23 (4) willfully fails to pay a support obligation 24 required under a court or administrative order for 25 support, if the obligation has remained unpaid for a 26 period longer than one year, or is in arrears in an 27 amount greater than $20,000, and the person has the 28 ability to provide the support. 29 (a-5) Presumption of ability to pay support. The 30 existence of a court or administrative order of support that 31 was not based on a default judgment and was in effect for the 32 time period charged in the indictment or information creates 33 a rebuttable presumption that the obligor has the ability to 34 pay the support obligation for that time period. SB1966 Enrolled -43- LRB9215665DJgc 1 (b) Sentence. A person convicted of a first offense 2 under subdivision (a)(1) or (a)(2) is guilty of a Class A 3 misdemeanor. A person convicted of an offense under 4 subdivision (a)(3) or (a)(4) or a second or subsequent 5 offense under subdivision (a)(1) or (a)(2) is guilty of a 6 Class 4 felony. 7 (c) Expungement. A person convicted of a first offense 8 under subdivision (a)(1) or (a)(2) who is eligible for the 9 Earnfare program, shall, in lieu of the sentence prescribed 10 in subsection (b), be referred to the Earnfare program. Upon 11 certification of completion of the Earnfare program, the 12 conviction shall be expunged. If the person fails to 13 successfully complete the Earnfare program, he or she shall 14 be sentenced in accordance with subsection (b). 15 (d) Fine. Sentences of imprisonment and fines for 16 offenses committed under this Act shall be as provided under 17 Articles 8 and 9 of Chapter V of the Unified Code of 18 Corrections, except that the court shall order restitution of 19 all unpaid support payments and may impose the following 20 fines, alone, or in addition to a sentence of imprisonment 21 under the following circumstances: 22 (1) from $1,000 to $5,000 if the support obligation 23 has remained unpaid for a period longer than 2 years, or 24 is in arrears in an amount greater than $1,000 and not 25 exceeding $10,000; 26 (2) from $5,000 to $10,000 if the support obligation 27 has remained unpaid for a period longer than 5 years, or 28 is in arrears in an amount greater than $10,000 and not 29 exceeding $20,000; or 30 (3) from $10,000 to $25,000 if the support 31 obligation has remained unpaid for a period longer than 8 32 years, or is in arrears in an amount greater than 33 $20,000. 34 (e) Restitution shall be ordered in an amount equal to SB1966 Enrolled -44- LRB9215665DJgc 1 the total unpaid support obligation as it existed at the time 2 of sentencing. Any amounts paid by the obligor shall be 3 allocated first to current support and then to restitution 4 ordered and then to fines imposed under this Section. 5 (f) For purposes of this Act, the term "child" shall 6 have the meaning ascribed to it in Section 505 of the 7 Illinois Marriage and Dissolution of Marriage Act. 8 (Source: P.A. 91-613, eff. 10-1-99.) 9 (750 ILCS 16/20) 10 Sec. 20. Entry of order for support; income withholding. 11 (a) In a case in which no court or administrative order 12 for support is in effect against the defendant: 13 (1) at any time before the trial, upon motion of 14 the State's Attorney, or of the Attorney General if the 15 action has been instituted by his office, and upon notice 16 to the defendant, or at the time of arraignment or as a 17 condition of postponement of arraignment, the court may 18 enter such temporary order for support as may seem just, 19 providing for the support or maintenance of the spouse or 20 child or children of the defendant, or both, pendente 21 lite; or 22 (2) before trial with the consent of the defendant, 23 or at the trial on entry of a plea of guilty, or after 24 conviction, instead of imposing the penalty provided in 25 this Act, or in addition thereto, the court may enter an 26 order for support, subject to modification by the court 27 from time to time as circumstances may require, directing 28 the defendant to pay a certain sum for maintenance of the 29 spouse, or for support of the child or children, or both. 30 (b) The court shall determine the amount of child 31 support by using the guidelines and standards set forth in 32 subsection (a) of Section 505 and in Section 505.2 of the 33 Illinois Marriage and Dissolution of Marriage Act. SB1966 Enrolled -45- LRB9215665DJgc 1 If (i) the non-custodial parent was properly served with 2 a request for discovery of financial information relating to 3 the non-custodial parent's ability to provide child support, 4 (ii) the non-custodial parent failed to comply with the 5 request, despite having been ordered to do so by the court, 6 and (iii) the non-custodial parent is not present at the 7 hearing to determine support despite having received proper 8 notice, then any relevant financial information concerning 9 the non-custodial parent's ability to provide support that 10 was obtained pursuant to subpoena and proper notice shall be 11 admitted into evidence without the need to establish any 12 further foundation for its admission. 13 (c) The court shall determine the amount of maintenance 14 using the standards set forth in Section 504 of the Illinois 15 Marriage and Dissolution of Marriage Act. 16 (d) The court may, for violation of any order under this 17 Section, punish the offender as for a contempt of court, but 18 no pendente lite order shall remain in effect longer than 4 19 months, or after the discharge of any panel of jurors 20 summoned for service thereafter in such court, whichever is 21 sooner. 22 (e) Any order for support entered by the court under 23 this Section shall be deemed to be a series of judgments 24 against the person obligated to pay support under the 25 judgments, each such judgment to be in the amount of each 26 payment or installment of support and each judgment to be 27 deemed entered as of the date the corresponding payment or 28 installment becomes due under the terms of the support order. 29 Each judgment shall have the full force, effect, and 30 attributes of any other judgment of this State, including the 31 ability to be enforced. Each judgment is subject to 32 modification or termination only in accordance with Section 33 510 of the Illinois Marriage and Dissolution of Marriage Act. 34 A lien arises by operation of law against the real and SB1966 Enrolled -46- LRB9215665DJgc 1 personal property of the noncustodial parent for each 2 installment of overdue support owed by the noncustodial 3 parent. 4 (f) An order for support entered under this Section 5 shall include a provision requiring the obligor to report to 6 the obligee and to the clerk of the court within 10 days each 7 time the obligor obtains new employment, and each time the 8 obligor's employment is terminated for any reason. The 9 report shall be in writing and shall, in the case of new 10 employment, include the name and address of the new employer. 11 Failure to report new employment or the termination of 12 current employment, if coupled with nonpayment of support for 13 a period in excess of 60 days, is indirect criminal contempt. 14 For any obligor arrested for failure to report new 15 employment, bond shall be set in the amount of the child 16 support that should have been paid during the period of 17 unreported employment. 18 An order for support entered under this Section shall 19 also include a provision requiring the obligor and obligee 20 parents to advise each other of a change in residence within 21 5 days of the change except when the court finds that the 22 physical, mental, or emotional health of a party or of a 23 minor child, or both, would be seriously endangered by 24 disclosure of the party's address. 25 (g) An order for support entered or modified in a case 26 in which a party is receiving child and spouse support 27 services under Article X of the Illinois Public Aid Code 28 shall include a provision requiring the noncustodial parent 29 to notify the Illinois Department of Public Aid, within 7 30 days, of the name and address of any new employer of the 31 noncustodial parent, whether the noncustodial parent has 32 access to health insurance coverage through the employer or 33 other group coverage and, if so, the policy name and number 34 and the names of persons covered under the policy. SB1966 Enrolled -47- LRB9215665DJgc 1 (h) In any subsequent action to enforce an order for 2 support entered under this Act, upon sufficient showing that 3 diligent effort has been made to ascertain the location of 4 the noncustodial parent, service of process or provision of 5 notice necessary in that action may be made at the last known 6 address of the noncustodial parent, in any manner expressly 7 provided by the Code of Civil Procedure or in this Act, which 8 service shall be sufficient for 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 18. However, if 13 the child will not graduate from high school until after 14 attaining the age of 18, then the termination date shall be 15 no earlier than the earlier of the date on which the child's 16 high school graduation will occur or the date on which the 17 child will attain the age of 19majority or is otherwise18emancipated. The order for support shall state that the 19 termination date does not apply to any arrearage that may 20 remain unpaid on that date. Nothing in this subsection shall 21 be construed to prevent the court from modifying the order or 22 terminating the order in the event the child is otherwise 23 emancipated. 24 (j) A support obligation, or any portion of a support 25 obligation, which becomes due and remains unpaid for 30 days 26 or more shall accrue simple interest at the rate of 9% per 27 annum. An order for support entered or modified on or after 28 January 1, 2002 shall contain a statement that a support 29 obligation required under the order, or any portion of a 30 support obligation required under the order, that becomes due 31 and remains unpaid for 30 days or more shall accrue simple 32 interest at the rate of 9% per annum. Failure to include the 33 statement in the order for support does not affect the 34 validity of the order or the accrual of interest as provided SB1966 Enrolled -48- LRB9215665DJgc 1 in this Section. 2 (Source: P.A. 91-613, eff. 10-1-99; 91-767, eff. 6-9-00; 3 92-374, eff. 8-15-01.) 4 Section 920. The Illinois Parentage Act of 1984 is 5 amended by changing Section 14 as follows: 6 (750 ILCS 45/14) (from Ch. 40, par. 2514) 7 Sec. 14. Judgment. 8 (a) (1) The judgment shall contain or explicitly reserve 9 provisions concerning any duty and amount of child support 10 and may contain provisions concerning the custody and 11 guardianship of the child, visitation privileges with the 12 child, the furnishing of bond or other security for the 13 payment of the judgment, which the court shall determine in 14 accordance with the relevant factors set forth in the 15 Illinois Marriage and Dissolution of Marriage Act and any 16 other applicable law of Illinois, to guide the court in a 17 finding in the best interests of the child. In determining 18 custody, joint custody, or visitation, the court shall apply 19 the relevant standards of the Illinois Marriage and 20 Dissolution of Marriage Act. Specifically, in determining the 21 amount of any child support award, the court shall use the 22 guidelines and standards set forth in subsection (a) of 23 Section 505 and in Section 505.2 of the Illinois Marriage and 24 Dissolution of Marriage Act. For purposes of Section 505 of 25 the Illinois Marriage and Dissolution of Marriage Act, "net 26 income" of the non-custodial parent shall include any 27 benefits available to that person under the Illinois Public 28 Aid Code or from other federal, State or local 29 government-funded programs. The court shall, in any event 30 and regardless of the amount of the non-custodial parent's 31 net income, in its judgment order the non-custodial parent to 32 pay child support to the custodial parent in a minimum amount SB1966 Enrolled -49- LRB9215665DJgc 1 of not less than $10 per month. In an action brought within 2 2 years after a child's birth, the judgment or order may direct 3 either parent to pay the reasonable expenses incurred by 4 either parent related to the mother's pregnancy and the 5 delivery of the child. The judgment or order shall contain 6 the father's social security number, which the father shall 7 disclose to the court; however, failure to include the 8 father's social security number on the judgment or order does 9 not invalidate the judgment or order. 10 (2) If a judgment of parentage contains no explicit 11 award of custody, the establishment of a support obligation 12 or of visitation rights in one parent shall be considered a 13 judgment granting custody to the other parent. If the 14 parentage judgment contains no such provisions, custody shall 15 be presumed to be with the mother; however, the presumption 16 shall not apply if the father has had physical custody for at 17 least 6 months prior to the date that the mother seeks to 18 enforce custodial rights. 19 (b) The court shall order all child support payments, 20 determined in accordance with such guidelines, to commence 21 with the date summons is served. The level of current 22 periodic support payments shall not be reduced because of 23 payments set for the period prior to the date of entry of the 24 support order. The Court may order any child support 25 payments to be made for a period prior to the commencement of 26 the action. In determining whether and the extent to which 27 the payments shall be made for any prior period, the court 28 shall consider all relevant facts, including the factors for 29 determining the amount of support specified in the Illinois 30 Marriage and Dissolution of Marriage Act and other equitable 31 factors including but not limited to: 32 (1) The father's prior knowledge of the fact and 33 circumstances of the child's birth. 34 (2) The father's prior willingness or refusal to SB1966 Enrolled -50- LRB9215665DJgc 1 help raise or support the child. 2 (3) The extent to which the mother or the public 3 agency bringing the action previously informed the father 4 of the child's needs or attempted to seek or require his 5 help in raising or supporting the child. 6 (4) The reasons the mother or the public agency did 7 not file the action earlier. 8 (5) The extent to which the father would be 9 prejudiced by the delay in bringing the action. 10 For purposes of determining the amount of child support 11 to be paid for any period before the date the order for 12 current child support is entered, there is a rebuttable 13 presumption that the father's net income for the prior period 14 was the same as his net income at the time the order for 15 current child support is entered. 16 If (i) the non-custodial parent was properly served with 17 a request for discovery of financial information relating to 18 the non-custodial parent's ability to provide child support, 19 (ii) the non-custodial parent failed to comply with the 20 request, despite having been ordered to do so by the court, 21 and (iii) the non-custodial parent is not present at the 22 hearing to determine support despite having received proper 23 notice, then any relevant financial information concerning 24 the non-custodial parent's ability to provide child support 25 that was obtained pursuant to subpoena and proper notice 26 shall be admitted into evidence without the need to establish 27 any further foundation for its admission. 28 (c) Any new or existing support order entered by the 29 court under this Section shall be deemed to be a series of 30 judgments against the person obligated to pay support 31 thereunder, each judgment to be in the amount of each payment 32 or installment of support and each such judgment to be deemed 33 entered as of the date the corresponding payment or 34 installment becomes due under the terms of the support order. SB1966 Enrolled -51- LRB9215665DJgc 1 Each judgment shall have the full force, effect and 2 attributes of any other judgment of this State, including the 3 ability to be enforced. A lien arises by operation of law 4 against the real and personal property of the noncustodial 5 parent for each installment of overdue support owed by the 6 noncustodial parent. 7 (d) If the judgment or order of the court is at variance 8 with the child's birth certificate, the court shall order 9 that a new birth certificate be issued under the Vital 10 Records Act. 11 (e) On request of the mother and the father, the court 12 shall order a change in the child's name. After hearing 13 evidence the court may stay payment of support during the 14 period of the father's minority or period of disability. 15 (f) If, upon a showing of proper service, the father 16 fails to appear in court, or otherwise appear as provided by 17 law, the court may proceed to hear the cause upon testimony 18 of the mother or other parties taken in open court and shall 19 enter a judgment by default. The court may reserve any order 20 as to the amount of child support until the father has 21 received notice, by regular mail, of a hearing on the matter. 22 (g) A one-time charge of 20% is imposable upon the 23 amount of past-due child support owed on July 1, 1988 which 24 has accrued under a support order entered by the court. The 25 charge shall be imposed in accordance with the provisions of 26 Section 10-21 of the Illinois Public Aid Code and shall be 27 enforced by the court upon petition. 28 (h) All orders for support, when entered or modified, 29 shall include a provision requiring the non-custodial parent 30 to notify the court and, in cases in which party is receiving 31 child and spouse support services under Article X of the 32 Illinois Public Aid Code, the Illinois Department of Public 33 Aid, within 7 days, (i) of the name and address of any new 34 employer of the non-custodial parent, (ii) whether the SB1966 Enrolled -52- LRB9215665DJgc 1 non-custodial parent has access to health insurance coverage 2 through the employer or other group coverage and, if so, the 3 policy name and number and the names of persons covered under 4 the policy, and (iii) of any new residential or mailing 5 address or telephone number of the non-custodial parent. In 6 any subsequent action to enforce a support order, upon a 7 sufficient showing that a diligent effort has been made to 8 ascertain the location of the non-custodial parent, service 9 of process or provision of notice necessary in the case may 10 be made at the last known address of the non-custodial parent 11 in any manner expressly provided by the Code of Civil 12 Procedure or this Act, which service shall be sufficient for 13 purposes of due process. 14 (i) An order for support shall include a date on which 15 the current support obligation terminates. The termination 16 date shall be no earlier than the date on which the child 17 covered by the order will attain the age of 18. However, if 18 the child will not graduate from high school until after 19 attaining the age of 18, then the termination date shall be 20 no earlier than the earlier of the date on which the child's 21 high school graduation will occur or the date on which the 22 child will attain the age of 19majority or is otherwise23emancipated. The order for support shall state that the 24 termination date does not apply to any arrearage that may 25 remain unpaid on that date. Nothing in this subsection shall 26 be construed to prevent the court from modifying the order or 27 terminating the order in the event the child is otherwise 28 emancipated. 29 (j) An order entered under this Section shall include a 30 provision requiring the obligor to report to the obligee and 31 to the clerk of court within 10 days each time the obligor 32 obtains new employment, and each time the obligor's 33 employment is terminated for any reason. The report shall be 34 in writing and shall, in the case of new employment, include SB1966 Enrolled -53- LRB9215665DJgc 1 the name and address of the new employer. Failure to report 2 new employment or the termination of current employment, if 3 coupled with nonpayment of support for a period in excess of 4 60 days, is indirect criminal contempt. For any obligor 5 arrested for failure to report new employment bond shall be 6 set in the amount of the child support that should have been 7 paid during the period of unreported employment. An order 8 entered under this Section shall also include a provision 9 requiring the obligor and obligee parents to advise each 10 other of a change in residence within 5 days of the change 11 except when the court finds that the physical, mental, or 12 emotional health of a party or that of a minor child, or 13 both, would be seriously endangered by disclosure of the 14 party's address. 15 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98; 16 90-655, eff. 7-30-98; 91-767, eff. 6-9-00.)