State of Illinois
92^nd General Assembly
Legislation

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92_SB1966eng

 
SB1966 Engrossed                               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 5.  The Illinois Public Aid Code  is  amended  by
 5    changing Sections 10-2, 10-8.1, 10-10, and 10-11 as follows:

 6        (305 ILCS 5/10-2) (from Ch. 23, par. 10-2)
 7        Sec.  10-2.  Extent of Liability. A husband is liable for
 8    the support of his wife and a wife for  the  support  of  her
 9    husband.  Unless  the  child  is  otherwise  emancipated, the
10    parents are severally liable for the  support  of  any  child
11    under age 18, and for any child aged 18 who is attending high
12    school,  until  that  child  graduates  from  high school, or
13    attains the age of 19, whichever is earlier 21, except that a
14    parent is not liable for a child age 18 or over if such child
15    is not living with the parent or parents, and a parent is not
16    liable for a child of any age if the child has married and is
17    not living with the parent  or  parents.  A  child  shall  be
18    considered  to  be  living with the parent or parents if such
19    child is absent from the parent's or parents'  home  only  in
20    order  to regularly attend a school, college or university or
21    to receive technical training designed  for  preparation  for
22    gainful  employment.  The  term "child" includes a child born
23    out of wedlock, or legally adopted child.
24        In addition to the primary obligation of support  imposed
25    upon  responsible  relatives, such relatives, if individually
26    or together in any combination they have sufficient income or
27    other resources to support a needy person,  in  whole  or  in
28    part,  shall  be  liable for any financial aid extended under
29    this Code to a person for whose support they are responsible,
30    including amounts expended for funeral and burial costs.
31    (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
 
SB1966 Engrossed            -2-                LRB9215665DJgc
 1        (305 ILCS 5/10-8.1)
 2        Sec.  10-8.1.   Temporary  order   for   child   support.
 3    Notwithstanding  any  other  law to the contrary, pending the
 4    outcome of an administrative determination of parentage,  the
 5    Illinois  Department  shall issue a temporary order for child
 6    support, upon motion by a party and a showing  of  clear  and
 7    convincing  evidence of paternity.  In determining the amount
 8    of the temporary child support award, the Illinois Department
 9    shall  use  the  guidelines  and  standards  set   forth   in
10    subsection  (a)  of  Section  505 and in Section 505.2 of the
11    Illinois Marriage and Dissolution of Marriage Act.
12        Any new or existing support order entered by the Illinois
13    Department under this Section shall be deemed to be a  series
14    of  judgments  against  the  person  obligated to pay support
15    thereunder, each such judgment to be in the  amount  of  each
16    payment  or  installment  of  support and each judgment to be
17    deemed entered as of the date the  corresponding  payment  or
18    installment becomes due under the terms of the support order.
19    Each  such  judgment  shall  have the full force, effect, and
20    attributes of any other judgment of this State, including the
21    ability to be enforced.  Any  such  judgment  is  subject  to
22    modification  or  termination only in accordance with Section
23    510 of the Illinois Marriage and Dissolution of Marriage Act.
24    A lien arises by  operation  of  law  against  the  real  and
25    personal   property  of  the  noncustodial  parent  for  each
26    installment of  overdue  support  owed  by  the  noncustodial
27    parent.
28        All  orders  for support entered or modified in a case in
29    which a party is receiving child and spouse support  services
30    under  this Article X shall include a provision requiring the
31    non-custodial  parent  to  notify  the  Illinois  Department,
32    within 7 days, (i) of the name, address, and telephone number
33    of any new employer of the non-custodial parent, (ii) whether
34    the non-custodial  parent  has  access  to  health  insurance
 
SB1966 Engrossed            -3-                LRB9215665DJgc
 1    coverage  through  the employer or other group coverage, and,
 2    if so, the policy name and number and the  names  of  persons
 3    covered under the policy, and (iii) of any new residential or
 4    mailing  address  or  telephone  number  of the non-custodial
 5    parent.
 6        In any subsequent action to enforce a support order, upon
 7    sufficient showing that 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  that  action
10    may  be  made  at the last known address of the non-custodial
11    parent, 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        An  order  for  support shall include a date on which the
15    current support obligation terminates.  The termination  date
16    shall  be no earlier than the date on which the child covered
17    by the order will attain the age  of  18.   However,  if  the
18    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 19 majority or is otherwise
23    emancipated.  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  paragraph  shall
26    be   construed   to  prevent  the  Illinois  Department  from
27    modifying the order or terminating the order in the event the
28    child is otherwise emancipated.
29    (Source: P.A. 90-18, eff. 7-1-97.)

30        (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
31        Sec. 10-10.  Court  enforcement;  applicability  also  to
32    persons  who  are not applicants or recipients.  Except where
33    the Illinois Department, by agreement,  acts  for  the  local
 
SB1966 Engrossed            -4-                LRB9215665DJgc
 1    governmental  unit,  as  provided  in  Section  10-3.1, local
 2    governmental units shall refer to the State's Attorney or  to
 3    the proper legal representative of the governmental unit, for
 4    judicial   enforcement   as  herein  provided,  instances  of
 5    non-support or insufficient support when the  dependents  are
 6    applicants  or  recipients  under  Article VI.  The Child and
 7    Spouse  Support  Unit  established  by  Section  10-3.1   may
 8    institute  in  behalf  of the Illinois Department any actions
 9    under this Section for judicial enforcement  of  the  support
10    liability   when   the   dependents  are  (a)  applicants  or
11    recipients under Articles III, IV, V or VII;  (b)  applicants
12    or  recipients in a local governmental unit when the Illinois
13    Department,  by  agreement,  acts  for  the  unit;   or   (c)
14    non-applicants  or  non-recipients  who are receiving support
15    enforcement services under this Article  X,  as  provided  in
16    Section  10-1.   Where  the Child and Spouse Support Unit has
17    exercised  its  option  and  discretion  not  to  apply   the
18    provisions  of Sections 10-3 through 10-8, the failure by the
19    Unit to apply such provisions shall not be a bar to  bringing
20    an action under this Section.
21        Action  shall  be  brought in the circuit court to obtain
22    support, or for the recovery of aid granted during the period
23    such support was not provided, or both for the obtainment  of
24    support  and  the  recovery of the aid provided.  Actions for
25    the recovery of aid may be taken separately or  they  may  be
26    consolidated  with  actions  to obtain support.  Such actions
27    may be brought in the name of the person or persons requiring
28    support, or may be  brought  in  the  name  of  the  Illinois
29    Department  or  the  local  governmental  unit,  as  the case
30    requires, in behalf of such persons.
31        The court may enter such orders for the payment of moneys
32    for the support of the person as may be  just  and  equitable
33    and  may direct payment thereof for such period or periods of
34    time as the circumstances require, including  support  for  a
 
SB1966 Engrossed            -5-                LRB9215665DJgc
 1    period before the date the order for support is entered.  The
 2    order  may  be  entered  against  any or all of the defendant
 3    responsible relatives and may be based upon the proportionate
 4    ability of each to contribute to the person's support.
 5        The Court shall determine the  amount  of  child  support
 6    (including  child  support  for  a period before the date the
 7    order for child support is entered) by using  the  guidelines
 8    and  standards set forth in subsection (a) of Section 505 and
 9    in Section 505.2 of the Illinois Marriage and Dissolution  of
10    Marriage Act. For purposes of determining the amount of child
11    support to be paid for a period before the date the order for
12    child  support  is entered, there is a rebuttable presumption
13    that the responsible relative's net income  for  that  period
14    was  the  same as his or her net income at the time the order
15    is entered.
16        If (i) the responsible relative was properly served  with
17    a  request for discovery of financial information relating to
18    the responsible relative's ability to provide child  support,
19    (ii)  the  responsible  relative  failed  to  comply with the
20    request, despite having been ordered to do so by  the  court,
21    and  (iii)  the  responsible  relative  is not present at the
22    hearing to determine support despite having  received  proper
23    notice,  then  any  relevant financial information concerning
24    the responsible relative'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        An order entered  under  this  Section  shall  include  a
29    provision  requiring the obligor to report to the obligee and
30    to the clerk of court within 10 days each  time  the  obligor
31    obtains   new   employment,   and  each  time  the  obligor's
32    employment is terminated for any reason. The report shall  be
33    in  writing and shall, in the case of new employment, include
34    the name and address of the new employer. Failure  to  report
 
SB1966 Engrossed            -6-                LRB9215665DJgc
 1    new  employment  or the termination of current employment, if
 2    coupled with nonpayment of support for a period in excess  of
 3    60  days,  is  indirect  criminal  contempt.  For any obligor
 4    arrested for failure to report new employment bond  shall  be
 5    set  in the amount of the child support that should have been
 6    paid during the period of unreported  employment.   An  order
 7    entered  under  this  Section  shall also include a provision
 8    requiring the obligor and  obligee  parents  to  advise  each
 9    other  of  a  change in residence within 5 days of the change
10    except when the court finds that  the  physical,  mental,  or
11    emotional  health  of  a  party  or that of a minor child, or
12    both, would be seriously  endangered  by  disclosure  of  the
13    party's address.
14        The Court shall determine the amount of maintenance using
15    the  standards  set  forth  in  Section  504  of the Illinois
16    Marriage and Dissolution of Marriage Act.
17        Any new or existing support order entered  by  the  court
18    under  this  Section  shall  be  deemed  to  be  a  series of
19    judgments  against  the  person  obligated  to  pay   support
20    thereunder,  each  such  judgment to be in the amount of each
21    payment or installment of support and each such  judgment  to
22    be deemed entered as of the date the corresponding payment or
23    installment becomes due under the terms of the support order.
24    Each  such  judgment  shall  have  the full force, effect and
25    attributes of any other judgment of this State, including the
26    ability to be enforced.  Any  such  judgment  is  subject  to
27    modification  or  termination only in accordance with Section
28    510 of the Illinois Marriage and Dissolution of Marriage Act.
29    A lien arises by  operation  of  law  against  the  real  and
30    personal   property  of  the  noncustodial  parent  for  each
31    installment of  overdue  support  owed  by  the  noncustodial
32    parent.
33        When  an order is entered for the support of a minor, the
34    court may provide therein for reasonable  visitation  of  the
 
SB1966 Engrossed            -7-                LRB9215665DJgc
 1    minor  by the person or persons who provided support pursuant
 2    to the order.  Whoever willfully refuses to comply with  such
 3    visitation order or willfully interferes with its enforcement
 4    may be declared in contempt of court and punished therefor.
 5        Except where the local governmental unit has entered into
 6    an  agreement  with the Illinois Department for the Child and
 7    Spouse Support Unit to act for it,  as  provided  in  Section
 8    10-3.1,   support  orders  entered  by  the  court  in  cases
 9    involving applicants or recipients  under  Article  VI  shall
10    provide  that  payments  thereunder  be  made directly to the
11    local governmental unit.  Orders for the support of all other
12    applicants  or  recipients  shall   provide   that   payments
13    thereunder  be  made  directly to the Illinois Department. In
14    accordance with federal law  and  regulations,  the  Illinois
15    Department   may  continue  to  collect  current  maintenance
16    payments or child support  payments,  or  both,  after  those
17    persons   cease   to  receive  public  assistance  and  until
18    termination  of  services  under  Article  X.   The  Illinois
19    Department shall  pay  the  net  amount  collected  to  those
20    persons  after  deducting  any  costs  incurred in making the
21    collection or any collection  fee  from  the  amount  of  any
22    recovery  made.   In  both  cases  the order shall permit the
23    local governmental unit or the Illinois  Department,  as  the
24    case  may be, to direct the responsible relative or relatives
25    to make support payments directly to the needy person, or  to
26    some  person  or  agency  in  his behalf, upon removal of the
27    person from the public  aid  rolls  or  upon  termination  of
28    services under Article X.
29        If  the  notice of support due issued pursuant to Section
30    10-7 directs that support payments be made  directly  to  the
31    needy  person, or to some person or agency in his behalf, and
32    the recipient is removed from the  public  aid  rolls,  court
33    action   may   be  taken  against  the  responsible  relative
34    hereunder if he fails to furnish support in  accordance  with
 
SB1966 Engrossed            -8-                LRB9215665DJgc
 1    the terms of such notice.
 2        Actions  may also be brought under this Section in behalf
 3    of any person who is in  need  of  support  from  responsible
 4    relatives,  as  defined  in Section 2-11 of Article II who is
 5    not an applicant for or recipient of financial aid under this
 6    Code.  In such instances, the State's Attorney of the  county
 7    in  which  such person resides shall bring action against the
 8    responsible relatives hereunder.  If the Illinois Department,
 9    as authorized by Section 10-1, extends the  support  services
10    provided  by  this  Article to spouses and dependent children
11    who are not applicants or recipients  under  this  Code,  the
12    Child  and  Spouse Support Unit established by Section 10-3.1
13    shall  bring  action  against   the   responsible   relatives
14    hereunder and any support orders entered by the court in such
15    cases shall provide that payments thereunder be made directly
16    to the Illinois Department.
17        Whenever it is determined in a proceeding to establish or
18    enforce  a  child  support or maintenance obligation that the
19    person owing a duty of support is unemployed, the  court  may
20    order  the  person to seek employment and report periodically
21    to the court with a diary, listing or other memorandum of his
22    or her efforts in accordance with such order.   Additionally,
23    the  court  may  order the unemployed person to report to the
24    Department of Employment Security for job search services  or
25    to  make  application with the local Job Training Partnership
26    Act provider for participation in  job  search,  training  or
27    work  programs  and  where  the  duty of support is owed to a
28    child receiving support services under this  Article  X,  the
29    court  may  order  the  unemployed  person  to  report to the
30    Illinois Department for participation in job search, training
31    or work programs established under Section  9-6  and  Article
32    IXA of this Code.
33        Whenever  it  is  determined  that a person owes past-due
34    support for a child receiving assistance under this Code, the
 
SB1966 Engrossed            -9-                LRB9215665DJgc
 1    court shall order at the request of the Illinois Department:
 2             (1)  that the person pay  the  past-due  support  in
 3        accordance with a plan approved by the court; or
 4             (2)  if   the   person  owing  past-due  support  is
 5        unemployed, is  subject  to  such  a  plan,  and  is  not
 6        incapacitated,  that  the  person participate in such job
 7        search, training,  or  work  programs  established  under
 8        Section  9-6  and  Article  IXA of this Code as the court
 9        deems appropriate.
10        A  determination  under  this  Section   shall   not   be
11    administratively  reviewable  by  the procedures specified in
12    Sections 10-12, and 10-13  to  10-13.10.   Any  determination
13    under these Sections, if made the basis of court action under
14    this   Section,   shall  not  affect  the  de  novo  judicial
15    determination required under this Section.
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 accrued
18    under a support order entered by the court.  The charge shall
19    be imposed in accordance with the provisions of Section 10-21
20    of  this  Code  and  shall  be  enforced  by  the  court upon
21    petition.
22        All orders for support, when entered or  modified,  shall
23    include  a  provision  requiring  the non-custodial parent to
24    notify the court and, in cases in which a party is  receiving
25    child  and  spouse support services under this Article X, the
26    Illinois Department, within 7 days, (i) of the name, address,
27    and telephone number of any new employer of the non-custodial
28    parent, (ii) whether the non-custodial parent has  access  to
29    health insurance coverage through the employer or other group
30    coverage and, if so, the policy name and number and the names
31    of  persons  covered  under  the policy, and (iii) of any new
32    residential or mailing address or  telephone  number  of  the
33    non-custodial  parent.  In any subsequent action to enforce a
34    support order, upon a  sufficient  showing  that  a  diligent
 
SB1966 Engrossed            -10-               LRB9215665DJgc
 1    effort  has  been  made  to  ascertain  the  location  of the
 2    non-custodial parent, service  of  process  or  provision  of
 3    notice  necessary  in  the case may be made at the last known
 4    address of the non-custodial parent in any  manner  expressly
 5    provided  by  the Code of Civil Procedure or this Code, which
 6    service shall be sufficient for purposes of due process.
 7        An order for support shall include a date  on  which  the
 8    current  support obligation terminates.  The termination date
 9    shall be no earlier than the date on which the child  covered
10    by  the  order  will  attain  the age of 18.  However, if the
11    child  will  not  graduate  from  high  school  until   after
12    attaining  the  age of 18, then the termination date shall be
13    no earlier than the earlier of the date on which the  child's
14    high  school  graduation  will occur or the date on which the
15    child will attain the age of  19  majority  or  is  otherwise
16    emancipated.   The  order  for  support  shall state that the
17    termination date does not apply to  any  arrearage  that  may
18    remain  unpaid on that date.  Nothing in this paragraph shall
19    be construed to prevent the court from modifying the order or
20    terminating the order in the event  the  child  is  otherwise
21    emancipated.
22        Upon   notification   in   writing   or   by   electronic
23    transmission from the Illinois Department to the clerk of the
24    court  that  a person who is receiving support payments under
25    this Section is receiving services under  the  Child  Support
26    Enforcement  Program  established by Title IV-D of the Social
27    Security Act, any support payments subsequently  received  by
28    the  clerk  of  the  court shall be transmitted in accordance
29    with the instructions of the Illinois  Department  until  the
30    Illinois Department gives notice to the clerk of the court to
31    cease  the  transmittal.  After  providing  the  notification
32    authorized  under  this  paragraph,  the  Illinois Department
33    shall be entitled  as  a  party  to  notice  of  any  further
34    proceedings in the case.  The clerk of the court shall file a
 
SB1966 Engrossed            -11-               LRB9215665DJgc
 1    copy  of  the Illinois Department's notification in the court
 2    file.  The clerk's failure to file a copy of the notification
 3    in the court file shall not,  however,  affect  the  Illinois
 4    Department's right to receive notice of further proceedings.
 5        Payments  under  this  Section to the Illinois Department
 6    pursuant to the Child Support Enforcement Program established
 7    by Title IV-D of the Social Security Act shall be  paid  into
 8    the  Child Support Enforcement Trust Fund. All payments under
 9    this Section to the Illinois  Department  of  Human  Services
10    shall   be  deposited  in  the  DHS  Recoveries  Trust  Fund.
11    Disbursements from  these  funds  shall  be  as  provided  in
12    Sections  12-9.1 and 12-10.2 of this Code.  Payments received
13    by a local governmental  unit  shall  be  deposited  in  that
14    unit's General Assistance Fund.
15        To   the  extent  the  provisions  of  this  Section  are
16    inconsistent with the requirements pertaining  to  the  State
17    Disbursement  Unit  under  Sections 10-10.4 and 10-26 of this
18    Code, the requirements pertaining to the  State  Disbursement
19    Unit shall apply.
20    (Source:  P.A.  91-24,  eff.  7-1-99;  91-212,  eff. 7-20-99;
21    91-357,  eff.  7-29-99;  91-767,  eff.  6-9-00;  92-16,  eff.
22    6-28-01.)

23        (305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
24        Sec. 10-11.  Administrative Orders. In  lieu  of  actions
25    for  court  enforcement  of  support under Section 10-10, the
26    Child and Spouse Support Unit of the Illinois Department,  in
27    accordance  with  the  rules  of the Illinois Department, may
28    issue  an  administrative  order  requiring  the  responsible
29    relative to comply with the terms of  the  determination  and
30    notice  of  support due, determined and issued under Sections
31    10-6 and 10-7. The Unit  may  also  enter  an  administrative
32    order   under   subsection   (b)   of   Section   10-7.   The
33    administrative order shall be  served  upon  the  responsible
 
SB1966 Engrossed            -12-               LRB9215665DJgc
 1    relative  by  United  States registered or certified mail. In
 2    cases in which  the  responsible  relative  appeared  at  the
 3    office  of  the  Child and Spouse Support Unit in response to
 4    the notice of support obligation issued under  Section  10-4,
 5    however,  or  in  cases  of  default  in which the notice was
 6    served on the responsible relative by certified mail,  return
 7    receipt  requested,  or  by  any  method  provided by law for
 8    service  of  summons,  the  administrative  determination  of
 9    paternity or administrative support order may be sent to  the
10    responsible  relative  by  ordinary  mail  addressed  to  the
11    responsible relative's last known address.
12        If a responsible relative or a person receiving child and
13    spouse  support services under this Article fails to petition
14    the Illinois Department for release from or  modification  of
15    the  administrative  order,  as  provided in Section 10-12 or
16    Section 10-12.1, the order shall become final and there shall
17    be no further administrative or judicial remedy.  Likewise  a
18    decision  by  the  Illinois  Department  as  a  result  of an
19    administrative hearing, as  provided  in  Sections  10-13  to
20    10-13.10,   shall   become   final  and  enforceable  if  not
21    judicially reviewed under the Administrative Review  Law,  as
22    provided in Section 10-14.
23        Any new or existing support order entered by the Illinois
24    Department  under this Section shall be deemed to be a series
25    of judgments against the  person  obligated  to  pay  support
26    thereunder,  each  such  judgment to be in the amount of each
27    payment or installment of support and each such  judgment  to
28    be deemed entered as of the date the corresponding payment or
29    installment becomes due under the terms of the support order.
30    Each  such  judgment  shall  have  the full force, effect and
31    attributes of any other judgment of this State, including the
32    ability to be enforced.  Any  such  judgment  is  subject  to
33    modification  or  termination only in accordance with Section
34    510 of the Illinois Marriage and Dissolution of Marriage Act.
 
SB1966 Engrossed            -13-               LRB9215665DJgc
 1    A lien arises by  operation  of  law  against  the  real  and
 2    personal   property  of  the  noncustodial  parent  for  each
 3    installment of  overdue  support  owed  by  the  noncustodial
 4    parent.
 5        An  order  entered  under  this  Section  shall include a
 6    provision requiring the obligor to report to the obligee  and
 7    to  the  clerk  of court within 10 days each time the obligor
 8    obtains  new  employment,  and  each   time   the   obligor's
 9    employment  is terminated for any reason. The report shall be
10    in writing and shall, in the case of new employment,  include
11    the  name  and address of the new employer. Failure to report
12    new employment or the termination of current  employment,  if
13    coupled  with nonpayment of support for a period in excess of
14    60 days, is indirect  criminal  contempt.   For  any  obligor
15    arrested  for  failure to report new employment bond shall be
16    set in the amount of the child support that should have  been
17    paid  during  the  period of unreported employment.  An order
18    entered under this Section shall  also  include  a  provision
19    requiring  the  obligor  and  obligee  parents to advise each
20    other of a change in residence within 5 days  of  the  change
21    except  when  the  court  finds that the physical, mental, or
22    emotional health of a party or that  of  a  minor  child,  or
23    both,  would  be  seriously  endangered  by disclosure of the
24    party's address.
25        A one-time charge of 20% is imposable upon the amount  of
26    past-due  child  support  owed  on  July  1,  1988, which has
27    accrued  under  a  support  order  entered  by  the  Illinois
28    Department under this Section.  The charge shall  be  imposed
29    in  accordance with the provisions of Section 10-21 and shall
30    be enforced by the court in a suit filed under Section 10-15.
31        An order for support shall include a date  on  which  the
32    support obligation terminates.  The termination date shall be
33    no  earlier  than  the date on which the child covered by the
34    order will attain the age of 18.  However, if the child  will
 
SB1966 Engrossed            -14-               LRB9215665DJgc
 1    not  graduate  from high school until after attaining the age
 2    of 18, then the termination date shall be no earlier than the
 3    earlier of the date that the child's graduation will occur or
 4    the date on which the child will attain the age of 19.    The
 5    order  for support shall state that the termination date does
 6    not apply to any arrearage that may  remain  unpaid  on  that
 7    date.   Nothing  in  this  paragraph  shall  be  construed to
 8    prevent the Illinois Department from modifying the  order  or
 9    terminating  the  order  in  the event the child is otherwise
10    emancipated.
11    (Source:  P.A.  90-18,  eff.  7-1-97;  90-539,  eff.  6-1-98;
12    90-655, eff. 7-30-98;  90-790,  eff.  8-14-98;  91-212,  eff.
13    7-20-99.)

14        Section  10.   The  Illinois  Marriage and Dissolution of
15    Marriage Act is amended by changing Sections 505, 505.2, 510,
16    and 513 as follows:

17        (750 ILCS 5/505) (from Ch. 40, par. 505)
18        Sec. 505.  Child support; contempt; penalties.
19        (a)  In a proceeding for dissolution of  marriage,  legal
20    separation,   declaration   of   invalidity  of  marriage,  a
21    proceeding for child support  following  dissolution  of  the
22    marriage  by  a court which lacked personal jurisdiction over
23    the  absent  spouse,  a  proceeding  for  modification  of  a
24    previous order for child support under Section  510  of  this
25    Act, or any proceeding authorized under Section 501 or 601 of
26    this  Act, the court may order either or both parents owing a
27    duty of support to a child of the marriage to pay  an  amount
28    reasonable  and  necessary for his support, without regard to
29    marital misconduct. The duty of  support   owed  to  a  minor
30    child  includes  the obligation to provide for the reasonable
31    and necessary physical, mental and emotional health needs  of
32    the  child.  For  purposes  of this Section, the term "child"
 
SB1966 Engrossed            -15-               LRB9215665DJgc
 1    shall include any child under age 18 and any child under  age
 2    19 who is still attending high school.
 3             (1)  The Court shall determine the minimum amount of
 4        support by using the following guidelines:
 5          Number of Children       Percent of Supporting Party's
 6                                             Net Income
 7                  1                             20%
 8                  2                             25%
 9                  3                             32%
10                  4                             40%
11                  5                             45%
12              6 or more                         50%
13             (2)  The  above  guidelines shall be applied in each
14        case unless the court makes a finding that application of
15        the guidelines would be inappropriate, after  considering
16        the  best  interests  of  the  child in light of evidence
17        including but not limited to one or more of the following
18        relevant factors:
19                  (a)  the financial resources and needs  of  the
20             child;
21                  (b)  the  financial  resources and needs of the
22             custodial parent;
23                  (c)  the standard of  living  the  child  would
24             have enjoyed had the marriage not been dissolved;
25                  (d)  the  physical  and  emotional condition of
26             the child, and his educational needs; and
27                  (e)  the financial resources and needs  of  the
28             non-custodial parent.
29             If  the  court  deviates  from  the  guidelines, the
30        court's finding shall state the amount  of  support  that
31        would   have  been  required  under  the  guidelines,  if
32        determinable.  The court  shall  include  the  reason  or
33        reasons for the variance from the guidelines.
34             (3)  "Net  income"  is  defined  as the total of all
 
SB1966 Engrossed            -16-               LRB9215665DJgc
 1        income from all sources, minus the following deductions:
 2                  (a)  Federal income  tax  (properly  calculated
 3             withholding or estimated payments);
 4                  (b)  State   income  tax  (properly  calculated
 5             withholding or estimated payments);
 6                  (c)  Social Security (FICA payments);
 7                  (d)  Mandatory     retirement     contributions
 8             required by law or as a condition of employment;
 9                  (e)  Union dues;
10                  (f)  Dependent          and          individual
11             health/hospitalization insurance premiums;
12                  (g)  Prior   obligations    of    support    or
13             maintenance actually paid pursuant to a court order;
14                  (h)  Expenditures  for  repayment of debts that
15             represent reasonable and necessary expenses for  the
16             production of income, medical expenditures necessary
17             to  preserve life or health, reasonable expenditures
18             for the benefit of the child and the  other  parent,
19             exclusive  of  gifts.   The  court  shall reduce net
20             income in determining the minimum amount of  support
21             to be ordered only for the period that such payments
22             are   due   and  shall  enter  an  order  containing
23             provisions for its self-executing modification  upon
24             termination of such payment period.
25             (4)  In  cases  where  the  court order provides for
26        health/hospitalization  insurance  coverage  pursuant  to
27        Section  505.2  of  this  Act,  the  premiums  for   that
28        insurance,  or that portion of the premiums for which the
29        supporting party is responsible in the case of  insurance
30        provided  through  an  employer's  health  insurance plan
31        where the employer pays a portion of the premiums,  shall
32        be  subtracted from net income in determining the minimum
33        amount of support to be ordered.
34             (4.5)  In a proceeding for child  support  following
 
SB1966 Engrossed            -17-               LRB9215665DJgc
 1        dissolution  of  the  marriage  by  a  court  that lacked
 2        personal jurisdiction over  the  absent  spouse,  and  in
 3        which  the  court is requiring payment of support for the
 4        period before the date an order for  current  support  is
 5        entered,  there  is  a  rebuttable  presumption  that the
 6        supporting party's net income for the  prior  period  was
 7        the  same  as his or her net income at the time the order
 8        for current support is entered.
 9             (5)  If the net income cannot be determined  because
10        of  default  or  any  other reason, the court shall order
11        support  in  an  amount  considered  reasonable  in   the
12        particular  case.   The  final  order  in all cases shall
13        state the support level in dollar  amounts.  However,  if
14        the  court  finds that the child support amount cannot be
15        expressed exclusively as a dollar amount because all or a
16        portion of the payor's net  income  is  uncertain  as  to
17        source, time of payment, or amount, the court may order a
18        percentage  amount  of  support in addition to a specific
19        dollar amount and enter  such  other  orders  as  may  be
20        necessary  to  determine  and enforce, on a timely basis,
21        the applicable support ordered.
22             (6)  If (i) the non-custodial  parent  was  properly
23        served   with   a  request  for  discovery  of  financial
24        information  relating  to  the   non-custodial   parent's
25        ability  to provide child support, (ii) the non-custodial
26        parent failed to comply with the request, despite  having
27        been  ordered  to  do  so  by  the  court,  and (iii) the
28        non-custodial parent is not present  at  the  hearing  to
29        determine  support despite having received proper notice,
30        then any relevant financial  information  concerning  the
31        non-custodial  parent's  ability to provide child support
32        that was obtained pursuant to subpoena and proper  notice
33        shall  be  admitted  into  evidence  without  the need to
34        establish any further foundation for its admission.
 
SB1966 Engrossed            -18-               LRB9215665DJgc
 1        (a-5)  In an action to enforce an order for support based
 2    on the respondent's  failure  to  make  support  payments  as
 3    required  by  the  order,  notice  of proceedings to hold the
 4    respondent in contempt for that failure may be served on  the
 5    respondent  by  personal service or by regular mail addressed
 6    to the respondent's last known address. The respondent's last
 7    known address may be determined from records of the clerk  of
 8    the  court,  from  the Federal Case Registry of Child Support
 9    Orders, or by any other reasonable means.
10        (b)  Failure of either parent to comply with an order  to
11    pay  support  shall  be  punishable  as  in  other  cases  of
12    contempt.  In addition to other penalties provided by law the
13    Court may, after finding the parent guilty of contempt, order
14    that the parent be:
15             (1)  placed  on  probation  with  such conditions of
16        probation as the Court deems advisable;
17             (2)  sentenced to periodic imprisonment for a period
18        not to exceed 6 months; provided, however, that the Court
19        may permit the parent to be released for periods of  time
20        during the day or night to:
21                  (A)  work; or
22                  (B)  conduct  a business or other self-employed
23             occupation.
24        The Court may further  order  any  part  or  all  of  the
25    earnings   of   a   parent  during  a  sentence  of  periodic
26    imprisonment paid to the Clerk of the Circuit Court or to the
27    parent having custody or to the guardian  having  custody  of
28    the minor children of the sentenced parent for the support of
29    said minor children until further order of the Court.
30        If  there is a unity of interest and ownership sufficient
31    to render no financial  separation  between  a  non-custodial
32    parent  and another person or persons or business entity, the
33    court may pierce the ownership veil of the  person,  persons,
34    or  business  entity  to discover assets of the non-custodial
 
SB1966 Engrossed            -19-               LRB9215665DJgc
 1    parent held in the name of that  person,  those  persons,  or
 2    that  business  entity.    The  following  circumstances  are
 3    sufficient  to  authorize  a  court to order discovery of the
 4    assets of a person, persons, or business entity and to compel
 5    the application of any discovered assets  toward  payment  on
 6    the judgment for support:
 7             (1)  the   non-custodial   parent  and  the  person,
 8        persons, or business entity maintain records together.
 9             (2)  the  non-custodial  parent  and   the   person,
10        persons,  or  business  entity  fail  to maintain an arms
11        length relationship between themselves with regard to any
12        assets.
13             (3)  the non-custodial parent  transfers  assets  to
14        the  person,  persons, or business entity with the intent
15        to perpetrate a fraud on the custodial parent.
16        With respect to assets which are real property, no  order
17    entered  under this paragraph shall affect the rights of bona
18    fide purchasers, mortgagees,  judgment  creditors,  or  other
19    lien  holders  who   acquire  their interests in the property
20    prior to the time a notice of lis  pendens  pursuant  to  the
21    Code  of  Civil Procedure or a copy of the order is placed of
22    record in the office of the recorder of deeds for the  county
23    in which the real property is located.
24        The  court may also order in cases where the parent is 90
25    days or more delinquent in payment of  support  or  has  been
26    adjudicated  in  arrears  in  an  amount  equal  to  90  days
27    obligation  or  more,  that  the  parent's  Illinois  driving
28    privileges  be  suspended until the court determines that the
29    parent is in compliance with the order of support. The  court
30    may  also  order that the parent be issued a family financial
31    responsibility  driving  permit  that  would  allow   limited
32    driving  privileges  for  employment  and medical purposes in
33    accordance with Section 7-702.1 of the Illinois Vehicle Code.
34    The clerk of  the  circuit  court  shall  certify  the  order
 
SB1966 Engrossed            -20-               LRB9215665DJgc
 1    suspending  the  driving privileges of the parent or granting
 2    the issuance of a  family  financial  responsibility  driving
 3    permit  to  the Secretary of State on forms prescribed by the
 4    Secretary. Upon receipt of the authenticated  documents,  the
 5    Secretary   of  State  shall  suspend  the  parent's  driving
 6    privileges until further order of the  court  and  shall,  if
 7    ordered  by  the  court, subject to the provisions of Section
 8    7-702.1  of  the  Illinois  Vehicle  Code,  issue  a   family
 9    financial responsibility driving permit to the parent.
10        In  addition  to  the penalties or punishment that may be
11    imposed  under  this  Section,  any  person   whose   conduct
12    constitutes  a  violation  of  Section  15 of the Non-Support
13    Punishment Act may be prosecuted under that Act, and a person
14    convicted under that Act may be sentenced in accordance  with
15    that  Act.   The sentence may include but need not be limited
16    to a requirement that the person  perform  community  service
17    under  Section  50  of  that  Act  or  participate  in a work
18    alternative program under Section 50 of that Act.   A  person
19    may  not  be  required  to  participate in a work alternative
20    program under Section  50  of  that  Act  if  the  person  is
21    currently participating in a work program pursuant to Section
22    505.1 of this Act.
23        A  support  obligation,  or  any  portion  of  a  support
24    obligation,  which becomes due and remains unpaid for 30 days
25    or more shall accrue simple interest at the rate  of  9%  per
26    annum.  An  order for support entered or modified on or after
27    January 1, 2002 shall contain  a  statement  that  a  support
28    obligation  required  under  the  order,  or any portion of a
29    support obligation required under the order, that becomes due
30    and remains unpaid for 30 days or more  shall  accrue  simple
31    interest at the rate of 9% per annum.  Failure to include the
32    statement  in  the  order  for  support  does  not affect the
33    validity of the order or the accrual of interest as  provided
34    in this Section.
 
SB1966 Engrossed            -21-               LRB9215665DJgc
 1        (c)  A  one-time  charge  of  20%  is  imposable upon the
 2    amount of past-due child support owed on July 1,  1988  which
 3    has  accrued under a support order entered by the court.  The
 4    charge shall be imposed in accordance with the provisions  of
 5    Section  10-21  of  the Illinois Public Aid Code and shall be
 6    enforced by the court upon petition.
 7        (d)  Any new or existing support  order  entered  by  the
 8    court  under  this  Section shall be deemed to be a series of
 9    judgments  against  the  person  obligated  to  pay   support
10    thereunder,  each  such  judgment to be in the amount of each
11    payment or installment of support and each such  judgment  to
12    be deemed entered as of the date the corresponding payment or
13    installment becomes due under the terms of the support order.
14    Each  such  judgment  shall  have  the full force, effect and
15    attributes of any other judgment of this State, including the
16    ability to be enforced. A lien arises  by  operation  of  law
17    against  the  real  and personal property of the noncustodial
18    parent for each installment of overdue support  owed  by  the
19    noncustodial parent.
20        (e)  When  child  support is to be paid through the clerk
21    of the court in a county of 1,000,000  inhabitants  or  less,
22    the  order  shall  direct the obligor to pay to the clerk, in
23    addition to the child support payments, all fees  imposed  by
24    the  county  board  under  paragraph (3) of subsection (u) of
25    Section 27.1 of the Clerks of Courts  Act.   Unless  paid  in
26    cash  or pursuant to an order for withholding, the payment of
27    the fee shall be by a separate instrument  from  the  support
28    payment and shall be made to the order of the Clerk.
29        (f)  All  orders  for  support, when entered or modified,
30    shall include a provision requiring the obligor to notify the
31    court and, in cases in which a party is receiving  child  and
32    spouse  services  under  Article X of the Illinois Public Aid
33    Code, the Illinois Department of Public Aid, within  7  days,
34    (i)  of  the  name  and  address  of  any new employer of the
 
SB1966 Engrossed            -22-               LRB9215665DJgc
 1    obligor, (ii)  whether  the  obligor  has  access  to  health
 2    insurance  coverage  through  the  employer  or  other  group
 3    coverage and, if so, the policy name and number and the names
 4    of  persons  covered  under  the policy, and (iii) of any new
 5    residential or mailing address or  telephone  number  of  the
 6    non-custodial  parent.  In any subsequent action to enforce a
 7    support order, upon a  sufficient  showing  that  a  diligent
 8    effort  has  been  made  to  ascertain  the  location  of the
 9    non-custodial parent, service  of  process  or  provision  of
10    notice  necessary  in  the case may be made at the last known
11    address of the non-custodial parent in any  manner  expressly
12    provided  by  the  Code of Civil Procedure or this Act, which
13    service shall be sufficient for purposes of due process.
14        (g)  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  19  majority  or  is  otherwise
23    emancipated.  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        (h)  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 Engrossed            -23-               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        (i)  The court does not  lose  the  powers  of  contempt,
16    driver's   license   suspension,   or   other  child  support
17    enforcement  mechanisms,  including,  but  not  limited   to,
18    criminal  prosecution  as  set  forth  in  this Act, upon the
19    emancipation of the minor child or children.
20    (Source: P.A. 91-113,  eff.  7-15-99;  91-397,  eff.  1-1-00;
21    91-655,   eff.  6-1-00;  91-767,  eff.  6-9-00;  92-16,  eff.
22    6-28-01; 92-203, eff. 8-1-01; 92-374, eff.  8-15-01;  revised
23    10-15-01.)

24        (750 ILCS 5/505.2) (from Ch. 40, par. 505.2)
25        Sec. 505.2.  Health insurance.
26        (a)  Definitions.  As used in this Section:
27             (1)  "Obligee" means the individual to whom the duty
28        of   support   is   owed   or   the   individual's  legal
29        representative.
30             (2)  "Obligor" means the individual who owes a  duty
31        of support pursuant to an order for support.
32             (3)  "Public  office"  means any elected official or
33        any  State  or  local  agency  which  is  or  may  become
 
SB1966 Engrossed            -24-               LRB9215665DJgc
 1        responsible by law for enforcement of, or which is or may
 2        become authorized  to  enforce,  an  order  for  support,
 3        including, but not limited to:  the Attorney General, the
 4        Illinois   Department   of   Public   Aid,  the  Illinois
 5        Department of Human Services, the Illinois Department  of
 6        Children  and  Family  Services,  and the various State's
 7        Attorneys, Clerks of the Circuit Court and supervisors of
 8        general assistance.
 9             (4)  "Child" shall have the meaning ascribed  to  it
10        in Section 505.
11        (b)  Order.
12             (1)  Whenever  the  court  establishes,  modifies or
13        enforces an order for child support or for child  support
14        and  maintenance  the  court shall include in the order a
15        provision for the health care coverage of the child which
16        shall, upon request of  the  obligee  or  Public  Office,
17        require that any child covered by the order be named as a
18        beneficiary   of   any  health  insurance  plan  that  is
19        available to the obligor through  an  employer  or  labor
20        union  or  trade  union.   If the court finds that such a
21        plan is not available to the obligor, or that the plan is
22        not accessible  to  the  obligee,  the  court  may,  upon
23        request  of  the  obligee  or  Public  Office,  order the
24        obligor to name the child  covered  by  the  order  as  a
25        beneficiary   of   any  health  insurance  plan  that  is
26        available to the obligor  on  a  group  basis,  or  as  a
27        beneficiary of an independent health insurance plan to be
28        obtained  by the obligor, after considering the following
29        factors:
30                  (A)  the medical needs of the child;
31                  (B)  the availability of a plan to  meet  those
32             needs; and
33                  (C)  the cost of such a plan to the obligor.
34             (2)  If  the  employer or labor union or trade union
 
SB1966 Engrossed            -25-               LRB9215665DJgc
 1        offers more than one plan, the order  shall  require  the
 2        obligor to name the child as a beneficiary of the plan in
 3        which the obligor is enrolled.
 4             (3)  Nothing  in  this Section shall be construed to
 5        limit the authority of the court to establish or modify a
 6        support  order  to  provide  for  payment  of   expenses,
 7        including  deductibles,  copayments  and any other health
 8        expenses, which are in addition to expenses covered by an
 9        insurance plan of which a child is ordered to be named  a
10        beneficiary pursuant to this Section.
11        (c)  Implementation and enforcement.
12             (1)  When  the  court  order  requires  that a minor
13        child be named as a beneficiary  of  a  health  insurance
14        plan,  other  than  a  health  insurance  plan  available
15        through  an  employer  or labor union or trade union, the
16        obligor shall provide written proof  to  the  obligee  or
17        Public  Office  that  the  required  insurance  has  been
18        obtained,  or  that application for insurability has been
19        made, within 30 days of receiving  notice  of  the  court
20        order.   Unless the obligor was present in court when the
21        order was issued, notice of  the  order  shall  be  given
22        pursuant  to  Illinois Supreme Court Rules. If an obligor
23        fails to provide the required proof, he may  be  held  in
24        contempt of court.
25             (2)  When  the  court requires that a minor child be
26        named  as  a  beneficiary  of  a  health  insurance  plan
27        available through an employer or  labor  union  or  trade
28        union,   the   court's  order  shall  be  implemented  in
29        accordance with the Income Withholding for Support Act.
30        (d)  Failure to maintain insurance.  The dollar amount of
31    the premiums for  court-ordered  health  insurance,  or  that
32    portion  of the premiums for which the obligor is responsible
33    in the case  of  insurance  provided  under  a  group  health
34    insurance  plan  through  an employer or labor union or trade
 
SB1966 Engrossed            -26-               LRB9215665DJgc
 1    union where the employer or labor union or trade union pays a
 2    portion of the premiums, shall be  considered  an  additional
 3    child  support  obligation owed by the obligor.  Whenever the
 4    obligor  fails  to  provide  or  maintain  health   insurance
 5    pursuant to an order for support, the obligor shall be liable
 6    to  the  obligee  for the dollar amount of the premiums which
 7    were not paid, and shall  also  be  liable  for  all  medical
 8    expenses  incurred  by  the minor child which would have been
 9    paid or reimbursed by the health insurance which the  obligor
10    was  ordered to provide or maintain. In addition, the obligee
11    may petition the court to modify the order  based  solely  on
12    the  obligor's  failure to pay the premiums for court-ordered
13    health insurance.
14        (e)  Authorization for  payment.  The  signature  of  the
15    obligee  is a valid authorization to the insurer to process a
16    claim for payment under the insurance plan to the provider of
17    the health care services or to the obligee.
18        (f)  Disclosure of information.  The  obligor's  employer
19    or  labor  union or trade union shall disclose to the obligee
20    or Public Office, upon request,  information  concerning  any
21    dependent  coverage  plans which would be made available to a
22    new employee or labor union member  or  trade  union  member.
23    The  employer  or  labor  union or trade union shall disclose
24    such information whether or not a  court  order  for  medical
25    support has been entered.
26        (g)  Employer obligations.  If a parent is required by an
27    order  for  support  to provide coverage for a child's health
28    care expenses and if that coverage is available to the parent
29    through an employer who does  business  in  this  State,  the
30    employer  must do all of the following upon receipt of a copy
31    of the order of support or order for withholding:
32             (1)  The employer shall, upon the parent's  request,
33        permit the parent to include in that coverage a child who
34        is  otherwise  eligible for that coverage, without regard
 
SB1966 Engrossed            -27-               LRB9215665DJgc
 1        to  any  enrollment  season   restrictions   that   might
 2        otherwise  be  applicable  as  to  the time period within
 3        which the child may be added to that coverage.
 4             (2)  If the parent has health care coverage  through
 5        the  employer  but  fails  to  apply  for coverage of the
 6        child, the  employer  shall  include  the  child  in  the
 7        parent's  coverage  upon application by the child's other
 8        parent or the Illinois Department of Public Aid.
 9             (3)  The employer may not eliminate any  child  from
10        the  parent's health care coverage unless the employee is
11        no longer employed by the employer and no longer  covered
12        under  the  employer's  group  health  plan or unless the
13        employer is provided with satisfactory  written  evidence
14        of either of the following:
15                  (A)  The  order  for  support  is  no longer in
16             effect.
17                  (B)  The child is or  will  be  included  in  a
18             comparable  health  care plan obtained by the parent
19             under such order that is currently in effect or will
20             take  effect  no  later  than  the  date  the  prior
21             coverage is terminated.
22             The employer may eliminate a child from  a  parent's
23        health  care plan obtained by the parent under such order
24        if the employer  has  eliminated  dependent  health  care
25        coverage for all of its employees.
26    (Source: P.A. 92-16, eff. 6-28-01)

27        (750 ILCS 5/510) (from Ch. 40, par. 510)
28        Sec. 510.  Modification and termination of provisions for
29    maintenance,  support,  educational  expenses,  and  property
30    disposition.
31        (a)  Except  as  otherwise  provided  in paragraph (f) of
32    Section 502 and in subsection (b) (d), clause (3) of  Section
33    505.2,  the provisions of any judgment respecting maintenance
 
SB1966 Engrossed            -28-               LRB9215665DJgc
 1    or support may be modified only as to  installments  accruing
 2    subsequent to due notice by the moving party of the filing of
 3    the motion for modification and, with respect to maintenance,
 4    only upon a showing of a substantial change in circumstances.
 5    An order for child support may be modified as follows:
 6             (1)  upon  a  showing  of  a  substantial  change in
 7        circumstances; and
 8             (2)  without the necessity of showing a  substantial
 9        change in circumstances, as follows:
10                  (A)  upon  a  showing of an inconsistency of at
11             least 20%, but no less than $10 per  month,  between
12             the  amount  of the existing order and the amount of
13             child support that results from application  of  the
14             guidelines  specified  in  Section  505  of this Act
15             unless the inconsistency is due to the fact that the
16             amount  of  the  existing  order  resulted  from   a
17             deviation  from  the  guideline amount and there has
18             not been a change in the circumstances that resulted
19             in that deviation; or
20                  (B)  Upon a showing of a need  to  provide  for
21             the  health  care needs of the child under the order
22             through health insurance  or  other  means.   In  no
23             event  shall  the  eligibility  for  or  receipt  of
24             medical assistance be considered to meet the need to
25             provide for the child's health care needs.
26        The provisions of subparagraph (a)(2)(A) shall apply only
27    in  cases  in  which  a  party  is receiving child and spouse
28    support services from the Illinois Department of  Public  Aid
29    under  Article  X  of  the Illinois Public Aid Code, and only
30    when at least 36 months have  elapsed  since  the  order  for
31    child support was entered or last modified.
32        (b)  The provisions as to property disposition may not be
33    revoked  or modified, unless the court finds the existence of
34    conditions that justify the reopening of a judgment under the
 
SB1966 Engrossed            -29-               LRB9215665DJgc
 1    laws of this State.
 2        (c)  Unless otherwise agreed by the parties in a  written
 3    agreement  set forth in the judgment or otherwise approved by
 4    the court,  the  obligation  to  pay  future  maintenance  is
 5    terminated  upon the death of either party, or the remarriage
 6    of the party receiving maintenance, or if the party receiving
 7    maintenance cohabits  with  another  person  on  a  resident,
 8    continuing conjugal basis.
 9        (d)  Unless  otherwise provided in this Act, or as agreed
10    in writing or expressly provided in the judgment,  provisions
11    for  the support of a child are terminated by emancipation of
12    the child, or if the child has attained the age of 18 and  is
13    still  attending  high  school, provisions for the support of
14    the child  are  terminated  upon  the  date  that  the  child
15    graduates  from high school or the date the child attains the
16    age of 19, whichever is earlier, but not by the  death  of  a
17    parent  obligated  to  support  or  educate the child. Unless
18    otherwise agreed  in  writing  or  expressly  provided  in  a
19    judgment,   provisions   for  the  support  of  a  child  are
20    terminated by emancipation of the child, except as  otherwise
21    provided  herein,  but not by the death of a parent obligated
22    to support or educate the child. An  existing  obligation  to
23    pay  for  support  or  educational  expenses, or both, is not
24    terminated by the death of a parent.  When a parent obligated
25    to pay support or educational expenses, or  both,  dies,  the
26    amount  of  support  or educational expenses, or both, may be
27    enforced,  modified,  revoked  or  commuted  to  a  lump  sum
28    payment, as equity may require, and that determination may be
29    provided for at the time of the dissolution of  the  marriage
30    or thereafter.
31        (e)  The  right  to  petition  for support or educational
32    expenses,  or  both,  under  Sections  505  and  513  is  not
33    extinguished by the death of a parent. Upon a petition  filed
34    before or after a parent's death, the court may award sums of
 
SB1966 Engrossed            -30-               LRB9215665DJgc
 1    money out of the decedent's estate for the child's support or
 2    educational  expenses,  or  both, as equity may require.  The
 3    time within which a claim may be filed against the estate  of
 4    a  decedent under Sections 505 and 513 and subsection (d) and
 5    this subsection shall be governed by the  provisions  of  the
 6    Probate Act of 1975, as a barrable, noncontingent claim.
 7        (f)  A  petition  to  modify  or terminate child support,
 8    custody, or visitation shall  not  delay  any  child  support
 9    enforcement  litigation or supplementary proceeding on behalf
10    of the obligee, including, but not limited to, a petition for
11    a rule to show cause, for  non-wage  garnishment,  or  for  a
12    restraining order.
13    (Source: P.A. 92-289, eff. 8-9-01; revised 12-07-01.)

14        (750 ILCS 5/513) (from Ch. 40, par. 513)
15        Sec. 513.  Support for Non-minor Children and Educational
16    Expenses.
17        (a)  The  court  may  award  sums  of  money  out  of the
18    property and income of either or both parties or  the  estate
19    of  a deceased parent, as equity may require, for the support
20    of the child or children of the  parties  who  have  attained
21    majority in the following instances:
22             (1)  When   the  child  is  mentally  or  physically
23        disabled and not otherwise  emancipated,  an  application
24        for  support  may  be  made before or after the child has
25        attained majority.
26             (2)  The court  may  also  make  provision  for  the
27        educational  expenses  of  the  child  or children of the
28        parties,  whether  of  minor  or  majority  age,  and  an
29        application for educational expenses may be  made  before
30        or  after  the  child has attained majority, or after the
31        death of either parent. The authority under this  Section
32        to  make  provision  for educational expenses extends not
33        only to periods of college education or  professional  or
 
SB1966 Engrossed            -31-               LRB9215665DJgc
 1        other  training  after  graduation  from high school, but
 2        also to any period during which the child of the  parties
 3        is  still  attending  high  school, even though he or she
 4        attained the age of 19 18. The educational  expenses  may
 5        include,  but shall not be limited to, room, board, dues,
 6        tuition, transportation, books,  fees,  registration  and
 7        application  costs,  medical  expenses  including medical
 8        insurance, dental expenses, and  living  expenses  during
 9        the  school year and periods of recess, which sums may be
10        ordered payable to the child, to either parent, or to the
11        educational institution, directly or  through  a  special
12        account  or  trust created for that purpose, as the court
13        sees fit.
14             If educational expenses are  ordered  payable,  each
15        parent  and  the  child shall sign any consents necessary
16        for the educational institution to provide the supporting
17        parent with access to the child's  academic  transcripts,
18        records, and grade reports.  The consents shall not apply
19        to  any  non-academic  records.    Failure to execute the
20        required consent may be a basis  for  a  modification  or
21        termination of any order entered under this Section.
22             The  authority  under this Section to make provision
23        for educational  expenses,  except  where  the  child  is
24        mentally   or   physically  disabled  and  not  otherwise
25        emancipated,  terminates  when  the  child   receives   a
26        baccalaureate degree.
27        (b)  In  making  awards  under  paragraph  (1)  or (2) of
28    subsection (a), or  pursuant  to  a  petition  or  motion  to
29    decrease,  modify,  or  terminate  any  such award, the court
30    shall consider all relevant factors  that  appear  reasonable
31    and necessary, including:
32             (1)  The financial resources of both parents.
33             (2)  The  standard  of  living  the child would have
34        enjoyed had the marriage not been dissolved.
 
SB1966 Engrossed            -32-               LRB9215665DJgc
 1             (3)  The financial resources of the child.
 2             (4)  The child's academic performance.
 3    (Source: P.A. 91-204, eff. 1-1-00.)

 4        Section 15.  The Non-Support Punishment Act is amended by
 5    changing Sections 15 and 20 as follows:

 6        (750 ILCS 16/15)
 7        Sec. 15.  Failure to support.
 8        (a)  A person commits the offense of failure  to  support
 9    when he or she:
10             (1)  willfully,  without  any lawful excuse, refuses
11        to provide for the support or maintenance of his  or  her
12        spouse,  with the knowledge that the spouse is in need of
13        such support or maintenance, or, without  lawful  excuse,
14        deserts  or  willfully refuses to provide for the support
15        or maintenance of his or her child or children under  the
16        age  of  18  years, in need of support or maintenance and
17        the person has the ability to provide the support; or
18             (2)  willfully fails to  pay  a  support  obligation
19        required  under  a  court  or  administrative  order  for
20        support,  if  the  obligation  has  remained unpaid for a
21        period longer than 6 months,  or  is  in  arrears  in  an
22        amount  greater  than  $5,000,  and  the  person  has the
23        ability to provide the support; or
24             (3) leaves the State with  the  intent  to  evade  a
25        support    obligation   required   under   a   court   or
26        administrative order  for  support,  if  the  obligation,
27        regardless  of when it accrued, has remained unpaid for a
28        period longer than 6 months,  or  is  in  arrears  in  an
29        amount greater than $10,000; or
30             (4)  willfully  fails  to  pay  a support obligation
31        required  under  a  court  or  administrative  order  for
32        support, if the obligation  has  remained  unpaid  for  a
 
SB1966 Engrossed            -33-               LRB9215665DJgc
 1        period  longer  than  one  year,  or  is in arrears in an
 2        amount greater than  $20,000,  and  the  person  has  the
 3        ability to provide the support.
 4        (a-5)  Presumption   of  ability  to  pay  support.   The
 5    existence of a court or administrative order of support  that
 6    was not based on a default judgment and was in effect for the
 7    time  period charged in the indictment or information creates
 8    a rebuttable presumption that the obligor has the ability  to
 9    pay the support obligation for that time period.
10        (b)  Sentence.   A  person  convicted  of a first offense
11    under subdivision (a)(1) or (a)(2) is guilty  of  a  Class  A
12    misdemeanor.    A   person  convicted  of  an  offense  under
13    subdivision (a)(3)  or  (a)(4)  or  a  second  or  subsequent
14    offense  under  subdivision  (a)(1)  or (a)(2) is guilty of a
15    Class 4 felony.
16        (c)  Expungement.  A person convicted of a first  offense
17    under  subdivision  (a)(1)  or (a)(2) who is eligible for the
18    Earnfare program, shall, in lieu of the  sentence  prescribed
19    in subsection (b), be referred to the Earnfare program.  Upon
20    certification  of  completion  of  the  Earnfare program, the
21    conviction  shall  be  expunged.   If  the  person  fails  to
22    successfully complete the Earnfare program, he or  she  shall
23    be sentenced in accordance with subsection (b).
24        (d)  Fine.   Sentences  of  imprisonment  and  fines  for
25    offenses  committed under this Act shall be as provided under
26    Articles 8 and  9  of  Chapter  V  of  the  Unified  Code  of
27    Corrections, except that the court shall order restitution of
28    all  unpaid  support  payments  and  may impose the following
29    fines, alone, or in addition to a  sentence  of  imprisonment
30    under the following circumstances:
31             (1)  from $1,000 to $5,000 if the support obligation
32        has remained unpaid for a period longer than 2 years,  or
33        is  in  arrears  in an amount greater than $1,000 and not
34        exceeding $10,000;
 
SB1966 Engrossed            -34-               LRB9215665DJgc
 1             (2) from $5,000 to $10,000 if the support obligation
 2        has remained unpaid for a period longer than 5 years,  or
 3        is  in  arrears in an amount greater than $10,000 and not
 4        exceeding $20,000; or
 5             (3)  from  $10,000  to  $25,000   if   the   support
 6        obligation has remained unpaid for a period longer than 8
 7        years,  or  is  in  arrears  in  an  amount  greater than
 8        $20,000.
 9        (e)  Restitution shall be ordered in an amount  equal  to
10    the total unpaid support obligation as it existed at the time
11    of  sentencing.   Any  amounts  paid  by the obligor shall be
12    allocated first to current support and  then  to  restitution
13    ordered and then to fines imposed under this Section.
14        (f)  For  purposes  of  this  Act, the term "child" shall
15    have the meaning  ascribed  to  it  in  Section  505  of  the
16    Illinois Marriage and Dissolution of Marriage Act.
17    (Source: P.A. 91-613, eff. 10-1-99.)

18        (750 ILCS 16/20)
19        Sec. 20.  Entry of order for support; income withholding.
20        (a)  In  a case in which no court or administrative order
21    for support is in effect against the defendant:
22             (1)  at any time before the trial,  upon  motion  of
23        the  State's  Attorney, or of the Attorney General if the
24        action has been instituted by his office, and upon notice
25        to the defendant, or at the time of arraignment or  as  a
26        condition  of  postponement of arraignment, the court may
27        enter such temporary order for support as may seem  just,
28        providing for the support or maintenance of the spouse or
29        child  or  children  of  the defendant, or both, pendente
30        lite; or
31             (2)  before trial with the consent of the defendant,
32        or at the trial on entry of a plea of  guilty,  or  after
33        conviction,  instead  of imposing the penalty provided in
 
SB1966 Engrossed            -35-               LRB9215665DJgc
 1        this Act, or in addition thereto, the court may enter  an
 2        order  for  support, subject to modification by the court
 3        from time to time as circumstances may require, directing
 4        the defendant to pay a certain sum for maintenance of the
 5        spouse, or for support of the child or children, or both.
 6        (b)  The  court  shall  determine  the  amount  of  child
 7    support by using the guidelines and standards  set  forth  in
 8    subsection  (a)  of  Section  505 and in Section 505.2 of the
 9    Illinois Marriage and Dissolution of Marriage Act.
10        If (i) the non-custodial parent was properly served  with
11    a  request for discovery of financial information relating to
12    the non-custodial parent's ability to provide child  support,
13    (ii)  the  non-custodial  parent  failed  to  comply with the
14    request, despite having been ordered to do so by  the  court,
15    and  (iii)  the  non-custodial  parent  is not present at the
16    hearing to determine support despite having  received  proper
17    notice,  then  any  relevant financial information concerning
18    the non-custodial parent's ability to  provide  support  that
19    was  obtained pursuant to subpoena and proper notice shall be
20    admitted into evidence without  the  need  to  establish  any
21    further foundation for its admission.
22        (c)  The  court shall determine the amount of maintenance
23    using the standards set forth in  Section 504 of the Illinois
24    Marriage and Dissolution of Marriage Act.
25        (d)  The court may, for violation of any order under this
26    Section, punish the offender as for a contempt of court,  but
27    no  pendente  lite order shall remain in effect longer than 4
28    months, or  after  the  discharge  of  any  panel  of  jurors
29    summoned  for  service thereafter in such court, whichever is
30    sooner.
31        (e)  Any order for support entered  by  the  court  under
32    this  Section  shall  be  deemed  to be a series of judgments
33    against  the  person  obligated  to  pay  support  under  the
34    judgments, each such judgment to be in  the  amount  of  each
 
SB1966 Engrossed            -36-               LRB9215665DJgc
 1    payment  or  installment  of  support and each judgment to be
 2    deemed entered as of the date the  corresponding  payment  or
 3    installment becomes due under the terms of the support order.
 4    Each   judgment  shall  have  the  full  force,  effect,  and
 5    attributes of any other judgment of this State, including the
 6    ability  to  be  enforced.   Each  judgment  is  subject   to
 7    modification  or  termination only in accordance with Section
 8    510 of the Illinois Marriage and Dissolution of Marriage Act.
 9    A lien arises by  operation  of  law  against  the  real  and
10    personal   property  of  the  noncustodial  parent  for  each
11    installment of  overdue  support  owed  by  the  noncustodial
12    parent.
13        (f)  An  order  for  support  entered  under this Section
14    shall include a provision requiring the obligor to report  to
15    the obligee and to the clerk of the court within 10 days each
16    time  the  obligor  obtains new employment, and each time the
17    obligor's employment  is  terminated  for  any  reason.   The
18    report  shall  be  in  writing  and shall, in the case of new
19    employment, include the name and address of the new employer.
20        Failure to report new employment or  the  termination  of
21    current employment, if coupled with nonpayment of support for
22    a period in excess of 60 days, is indirect criminal contempt.
23    For   any   obligor   arrested  for  failure  to  report  new
24    employment, bond shall be set in  the  amount  of  the  child
25    support  that  should  have  been  paid  during the period of
26    unreported employment.
27        An order for support entered  under  this  Section  shall
28    also  include  a  provision requiring the obligor and obligee
29    parents to advise each other of a change in residence  within
30    5  days  of  the  change except when the court finds that the
31    physical, mental, or emotional health of  a  party  or  of  a
32    minor  child,  or  both,  would  be  seriously  endangered by
33    disclosure of the party's address.
34        (g)  An order for support entered or modified in  a  case
 
SB1966 Engrossed            -37-               LRB9215665DJgc
 1    in  which  a  party  is  receiving  child  and spouse support
 2    services under Article X of  the  Illinois  Public  Aid  Code
 3    shall  include  a provision requiring the noncustodial parent
 4    to notify the Illinois Department of  Public  Aid,  within  7
 5    days,  of  the  name  and  address of any new employer of the
 6    noncustodial parent,  whether  the  noncustodial  parent  has
 7    access  to  health insurance coverage through the employer or
 8    other group coverage and, if so, the policy name  and  number
 9    and the names of persons covered under the policy.
10        (h)  In  any  subsequent  action  to enforce an order for
11    support entered under this Act, upon sufficient showing  that
12    diligent  effort  has  been made to ascertain the location of
13    the noncustodial parent, service of process or  provision  of
14    notice necessary in that action may be made at the last known
15    address  of  the noncustodial parent, in any manner expressly
16    provided by the Code of Civil Procedure or in this Act, which
17    service shall be sufficient for purposes of due process.
18        (i)  An order for support shall include a date  on  which
19    the  current  support obligation terminates.  The termination
20    date shall be no earlier than the date  on  which  the  child
21    covered  by the order will attain the age of 18.  However, if
22    the child will not graduate  from  high  school  until  after
23    attaining  the  age of 18, then the termination date shall be
24    no earlier than the earlier of the date on which the  child's
25    high  school  graduation  will occur or the date on which the
26    child will attain the age of  19  majority  or  is  otherwise
27    emancipated.  The  order  for  support  shall  state that the
28    termination date does not apply to  any  arrearage  that  may
29    remain unpaid on that date.  Nothing in this subsection shall
30    be construed to prevent the court from modifying the order or
31    terminating  the  order  in  the event the child is otherwise
32    emancipated.
33        (j)  A support obligation, or any portion  of  a  support
34    obligation,  which becomes due and remains unpaid for 30 days
 
SB1966 Engrossed            -38-               LRB9215665DJgc
 1    or more shall accrue simple interest at the rate  of  9%  per
 2    annum.  An  order for support entered or modified on or after
 3    January 1, 2002 shall contain  a  statement  that  a  support
 4    obligation  required  under  the  order,  or any portion of a
 5    support obligation required under the order, that becomes due
 6    and remains unpaid for 30 days or more  shall  accrue  simple
 7    interest at the rate of 9% per annum.  Failure to include the
 8    statement  in  the  order  for  support  does  not affect the
 9    validity of the order or the accrual of interest as  provided
10    in this Section.
11    (Source:  P.A.  91-613,  eff.  10-1-99;  91-767, eff. 6-9-00;
12    92-374, eff. 8-15-01.)

13        Section 20.   The  Illinois  Parentage  Act  of  1984  is
14    amended by changing Section 14 as follows:

15        (750 ILCS 45/14) (from Ch. 40, par. 2514)
16        Sec. 14.  Judgment.
17        (a) (1)  The judgment shall contain or explicitly reserve
18    provisions  concerning  any  duty and amount of child support
19    and  may  contain  provisions  concerning  the  custody   and
20    guardianship  of  the  child,  visitation privileges with the
21    child, the furnishing of  bond  or  other  security  for  the
22    payment  of  the judgment, which the court shall determine in
23    accordance  with  the  relevant  factors  set  forth  in  the
24    Illinois Marriage and Dissolution of  Marriage  Act  and  any
25    other  applicable  law  of  Illinois, to guide the court in a
26    finding in the best interests of the  child.  In  determining
27    custody,  joint custody, or visitation, the court shall apply
28    the  relevant  standards  of  the   Illinois   Marriage   and
29    Dissolution of Marriage Act. Specifically, in determining the
30    amount  of  any  child support award, the court shall use the
31    guidelines and standards  set  forth  in  subsection  (a)  of
32    Section 505 and in Section 505.2 of the Illinois Marriage and
 
SB1966 Engrossed            -39-               LRB9215665DJgc
 1    Dissolution  of Marriage Act.  For purposes of Section 505 of
 2    the Illinois Marriage and Dissolution of Marriage  Act,  "net
 3    income"   of  the  non-custodial  parent  shall  include  any
 4    benefits available to that person under the  Illinois  Public
 5    Aid   Code   or   from   other   federal,   State   or  local
 6    government-funded programs.  The court shall,  in  any  event
 7    and  regardless  of  the amount of the non-custodial parent's
 8    net income, in its judgment order the non-custodial parent to
 9    pay child support to the custodial parent in a minimum amount
10    of not less than $10 per month. In an action brought within 2
11    years after a child's birth, the judgment or order may direct
12    either parent to pay  the  reasonable  expenses  incurred  by
13    either  parent  related  to  the  mother's  pregnancy and the
14    delivery of the child. The judgment or  order  shall  contain
15    the  father's  social security number, which the father shall
16    disclose to  the  court;  however,  failure  to  include  the
17    father's social security number on the judgment or order does
18    not invalidate the judgment or order.
19        (2)  If  a  judgment  of  parentage  contains no explicit
20    award of custody, the establishment of a  support  obligation
21    or  of  visitation rights in one parent shall be considered a
22    judgment granting custody  to  the  other  parent.    If  the
23    parentage judgment contains no such provisions, custody shall
24    be  presumed  to be with the mother; however, the presumption
25    shall not apply if the father has had physical custody for at
26    least 6 months prior to the date that  the  mother  seeks  to
27    enforce custodial rights.
28        (b)  The  court  shall  order all child support payments,
29    determined in accordance with such  guidelines,  to  commence
30    with  the  date  summons  is  served.   The  level of current
31    periodic support payments shall not  be  reduced  because  of
32    payments set for the period prior to the date of entry of the
33    support  order.   The  Court  may  order  any  child  support
34    payments to be made for a period prior to the commencement of
 
SB1966 Engrossed            -40-               LRB9215665DJgc
 1    the  action.  In  determining whether and the extent to which
 2    the payments shall be made for any prior  period,  the  court
 3    shall  consider all relevant facts, including the factors for
 4    determining the amount of support specified in  the  Illinois
 5    Marriage  and Dissolution of Marriage Act and other equitable
 6    factors including but not limited to:
 7             (1)  The father's prior knowledge of  the  fact  and
 8        circumstances of the child's birth.
 9             (2)  The  father's  prior  willingness or refusal to
10        help raise or support the child.
11             (3)  The extent to which the mother  or  the  public
12        agency bringing the action previously informed the father
13        of  the child's needs or attempted to seek or require his
14        help in raising or supporting the child.
15             (4)  The reasons the mother or the public agency did
16        not file the action earlier.
17             (5)  The  extent  to  which  the  father  would   be
18        prejudiced by the delay in bringing the action.
19        For  purposes  of determining the amount of child support
20    to be paid for any period  before  the  date  the  order  for
21    current  child  support  is  entered,  there  is a rebuttable
22    presumption that the father's net income for the prior period
23    was the same as his net income at  the  time  the  order  for
24    current child support is entered.
25        If  (i) the non-custodial parent was properly served with
26    a request for discovery of financial information relating  to
27    the  non-custodial parent's ability to provide child support,
28    (ii) the non-custodial  parent  failed  to  comply  with  the
29    request,  despite  having been ordered to do so by the court,
30    and (iii) the non-custodial parent  is  not  present  at  the
31    hearing  to  determine support despite having received proper
32    notice, then any relevant  financial  information  concerning
33    the  non-custodial  parent's ability to provide child support
34    that was obtained pursuant  to  subpoena  and  proper  notice
 
SB1966 Engrossed            -41-               LRB9215665DJgc
 1    shall be admitted into evidence without the need to establish
 2    any further foundation for its admission.
 3        (c)  Any  new  or  existing  support order entered by the
 4    court under this Section shall be deemed to be  a  series  of
 5    judgments   against  the  person  obligated  to  pay  support
 6    thereunder, each judgment to be in the amount of each payment
 7    or installment of support and each such judgment to be deemed
 8    entered  as  of  the  date  the  corresponding   payment   or
 9    installment becomes due under the terms of the support order.
10    Each   judgment   shall  have  the  full  force,  effect  and
11    attributes of any other judgment of this State, including the
12    ability to be enforced. A lien arises  by  operation  of  law
13    against  the  real  and personal property of the noncustodial
14    parent for each installment of overdue support  owed  by  the
15    noncustodial parent.
16        (d)  If the judgment or order of the court is at variance
17    with  the  child's  birth  certificate, the court shall order
18    that a new  birth  certificate  be  issued  under  the  Vital
19    Records Act.
20        (e)  On  request  of the mother and the father, the court
21    shall order a change  in  the  child's  name.  After  hearing
22    evidence  the  court  may  stay payment of support during the
23    period of the father's minority or period of disability.
24        (f)  If, upon a showing of  proper  service,  the  father
25    fails  to appear in court, or otherwise appear as provided by
26    law, the court may proceed to hear the cause  upon  testimony
27    of  the mother or other parties taken in open court and shall
28    enter a judgment by default.  The court may reserve any order
29    as to the amount  of  child  support  until  the  father  has
30    received notice, by regular mail, of a hearing on the matter.
31        (g)  A  one-time  charge  of  20%  is  imposable upon the
32    amount of past-due child support owed on July 1,  1988  which
33    has  accrued under a support order entered by the court.  The
34    charge shall be imposed in accordance with the provisions  of
 
SB1966 Engrossed            -42-               LRB9215665DJgc
 1    Section  10-21  of  the Illinois Public Aid Code and shall be
 2    enforced by the court upon petition.
 3        (h)  All orders for support, when  entered  or  modified,
 4    shall  include a provision requiring the non-custodial parent
 5    to notify the court and, in cases in which party is receiving
 6    child and spouse support services  under  Article  X  of  the
 7    Illinois  Public  Aid Code, the Illinois Department of Public
 8    Aid, within 7 days, (i) of the name and address  of  any  new
 9    employer  of  the  non-custodial  parent,  (ii)  whether  the
10    non-custodial  parent has access to health insurance coverage
11    through the employer or other group coverage and, if so,  the
12    policy name and number and the names of persons covered under
13    the  policy,  and  (iii)  of  any  new residential or mailing
14    address or telephone number of the non-custodial parent.   In
15    any  subsequent  action  to  enforce  a support order, upon a
16    sufficient showing that a diligent effort has  been  made  to
17    ascertain  the  location of the non-custodial parent, service
18    of process or provision of notice necessary in the  case  may
19    be made at the last known address of the non-custodial parent
20    in  any  manner  expressly  provided  by  the  Code  of Civil
21    Procedure or this Act, which service shall be sufficient  for
22    purposes of due process.
23        (i)  An  order  for support shall include a date on which
24    the current support obligation terminates.   The  termination
25    date  shall  be  no  earlier than the date on which the child
26    covered by the order will attain the age of 18.  However,  if
27    the  child  will  not  graduate  from high school until after
28    attaining the age of 18, then the termination date  shall  be
29    no  earlier than the earlier of the date on which the child's
30    high school graduation will occur or the date  on  which  the
31    child  will  attain  the  age  of 19 majority or is otherwise
32    emancipated.  The order for  support  shall  state  that  the
33    termination  date  does  not  apply to any arrearage that may
34    remain unpaid on that date.  Nothing in this subsection shall
 
SB1966 Engrossed            -43-               LRB9215665DJgc
 1    be construed to prevent the court from modifying the order or
 2    terminating the order in the event  the  child  is  otherwise
 3    emancipated.
 4        (j)  An  order entered under this Section shall include a
 5    provision requiring the obligor to report to the obligee  and
 6    to  the  clerk  of court within 10 days each time the obligor
 7    obtains  new  employment,  and  each   time   the   obligor's
 8    employment is terminated for any reason.  The report shall be
 9    in  writing and shall, in the case of new employment, include
10    the name and address of the new employer.  Failure to  report
11    new  employment  or the termination of current employment, if
12    coupled with nonpayment of support for a period in excess  of
13    60  days,  is  indirect  criminal  contempt.  For any obligor
14    arrested for failure to report new employment bond  shall  be
15    set  in the amount of the child support that should have been
16    paid during the period of unreported  employment.   An  order
17    entered  under  this  Section  shall also include a provision
18    requiring the obligor and  obligee  parents  to  advise  each
19    other  of  a  change in residence within 5 days of the change
20    except when the court finds that  the  physical,  mental,  or
21    emotional  health  of  a  party  or that of a minor child, or
22    both, would be seriously  endangered  by  disclosure  of  the
23    party's address.
24    (Source:  P.A.  90-18,  eff.  7-1-97;  90-539,  eff.  6-1-98;
25    90-655, eff. 7-30-98; 91-767, eff. 6-9-00.)

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