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Public Act 103-0967 | ||||
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AN ACT concerning civil law. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Illinois Marriage and Dissolution of | ||||
Marriage Act is amended by changing Sections 504, 505, 509, | ||||
600, 602.10, and 607.5 as follows: | ||||
(750 ILCS 5/504) (from Ch. 40, par. 504) | ||||
Sec. 504. Maintenance. | ||||
(a) Entitlement to maintenance. In a proceeding for | ||||
dissolution of marriage, legal separation, declaration of | ||||
invalidity of marriage, or dissolution of a civil union, a | ||||
proceeding for maintenance following a legal separation or | ||||
dissolution of the marriage or civil union by a court which | ||||
lacked personal jurisdiction over the absent spouse, a | ||||
proceeding for modification of a previous order for | ||||
maintenance under Section 510 of this Act, or any proceeding | ||||
authorized under Section 501 of this Act, the court may grant a | ||||
maintenance award for either spouse in amounts and for periods | ||||
of time as the court deems just, without regard to marital | ||||
misconduct, and the maintenance may be paid from the income or | ||||
property of the other spouse. The court shall first make a | ||||
finding as to whether a maintenance award is appropriate, | ||||
after consideration of all relevant factors, including: |
(1) the income and property of each party, including | ||
marital property apportioned and non-marital property | ||
assigned to the party seeking maintenance as well as all | ||
financial obligations imposed on the parties as a result | ||
of the dissolution of marriage; | ||
(2) the needs of each party; | ||
(3) the realistic present and future earning capacity | ||
of each party; | ||
(4) any impairment of the present and future earning | ||
capacity of the party seeking maintenance due to that | ||
party devoting time to domestic duties or having forgone | ||
or delayed education, training, employment, or career | ||
opportunities due to the marriage; | ||
(5) any impairment of the realistic present or future | ||
earning capacity of the party against whom maintenance is | ||
sought; | ||
(6) the time necessary to enable the party seeking | ||
maintenance to acquire appropriate education, training, | ||
and employment, and whether that party is able to support | ||
himself or herself through appropriate employment; | ||
(6.1) the effect of any parental responsibility | ||
arrangements and its effect on a party's ability to seek | ||
or maintain employment; | ||
(7) the standard of living established during the | ||
marriage; | ||
(8) the duration of the marriage; |
(9) the age, health, station, occupation, amount and | ||
sources of income, vocational skills, employability, | ||
estate, liabilities, and the needs of each of the parties; | ||
(10) all sources of public and private income | ||
including, without limitation, disability and retirement | ||
income; | ||
(11) the tax consequences to each party; | ||
(12) contributions and services by the party seeking | ||
maintenance to the education, training, career or career | ||
potential, or license of the other spouse; | ||
(13) any valid agreement of the parties; and | ||
(14) any other factor that the court expressly finds | ||
to be just and equitable. | ||
(b) (Blank). | ||
(b-1) Amount and duration of maintenance. Unless the court | ||
finds that a maintenance award is appropriate, it shall bar | ||
maintenance as to the party seeking maintenance regardless of | ||
the length of the marriage at the time the action was | ||
commenced. Only if the court finds that a maintenance award is | ||
appropriate, the court shall order guideline maintenance in | ||
accordance with paragraph (1) or non-guideline maintenance in | ||
accordance with paragraph (2) of this subsection (b-1). If the | ||
application of guideline maintenance results in a combined | ||
maintenance and child support obligation that exceeds 50% of | ||
the payor's net income, the court may determine non-guideline | ||
maintenance in accordance with paragraph (2) of this |
subsection (b-1), non-guideline child support in accordance | ||
with paragraph (3.4) of subsection (a) of Section 505, or | ||
both. | ||
(1) Maintenance award in accordance with guidelines. | ||
If the combined gross annual income of the parties is less | ||
than $500,000 and the payor has no obligation to pay child | ||
support or maintenance or both from a prior relationship, | ||
maintenance payable after the date the parties' marriage | ||
is dissolved shall be in accordance with subparagraphs (A) | ||
and (B) of this paragraph (1), unless the court makes a | ||
finding that the application of the guidelines would be | ||
inappropriate. | ||
(A) The amount of maintenance under this paragraph | ||
(1) shall be calculated by taking 33 1/3% of the | ||
payor's net annual income minus 25% of the payee's net | ||
annual income. The amount calculated as maintenance, | ||
however, when added to the net income of the payee, | ||
shall not result in the payee receiving an amount that | ||
is in excess of 40% of the combined net income of the | ||
parties. | ||
(A-1) Modification of maintenance orders entered | ||
before January 1, 2019 that are and continue to be | ||
eligible for inclusion in the gross income of the | ||
payee for federal income tax purposes and deductible | ||
by the payor shall be calculated by taking 30% of the | ||
payor's gross annual income minus 20% of the payee's |
gross annual income, unless both parties expressly | ||
provide otherwise in the modification order. The | ||
amount calculated as maintenance, however, when added | ||
to the gross income of the payee, may not result in the | ||
payee receiving an amount that is in excess of 40% of | ||
the combined gross income of the parties. | ||
(B) The duration of an award under this paragraph | ||
(1) shall be calculated by multiplying the length of | ||
the marriage at the time the action was commenced by | ||
whichever of the following factors applies: less than | ||
5 years (.20); 5 years or more but less than 6 years | ||
(.24); 6 years or more but less than 7 years (.28); 7 | ||
years or more but less than 8 years (.32); 8 years or | ||
more but less than 9 years (.36); 9 years or more but | ||
less than 10 years (.40); 10 years or more but less | ||
than 11 years (.44); 11 years or more but less than 12 | ||
years (.48); 12 years or more but less than 13 years | ||
(.52); 13 years or more but less than 14 years (.56); | ||
14 years or more but less than 15 years (.60); 15 years | ||
or more but less than 16 years (.64); 16 years or more | ||
but less than 17 years (.68); 17 years or more but less | ||
than 18 years (.72); 18 years or more but less than 19 | ||
years (.76); 19 years or more but less than 20 years | ||
(.80). For a marriage of 20 or more years, the court, | ||
in its discretion, shall order maintenance for a | ||
period equal to the length of the marriage or for an |
indefinite term. | ||
(1.5) In the discretion of the court, any term of | ||
temporary maintenance paid by court order under Section | ||
501 may be a corresponding credit to the duration of | ||
maintenance set forth in subparagraph (b-1)(1)(B). | ||
(2) Maintenance award not in accordance with | ||
guidelines. Any non-guidelines award of maintenance shall | ||
be made after the court's consideration of all relevant | ||
factors set forth in subsection (a) of this Section. | ||
(b-2) Findings. In each case involving the issue of | ||
maintenance, the court shall make specific findings of fact, | ||
as follows: | ||
(1) the court shall state its reasoning for awarding | ||
or not awarding maintenance and shall include references | ||
to each relevant factor set forth in subsection (a) of | ||
this Section; | ||
(2) if the court deviates from applicable guidelines | ||
under paragraph (1) of subsection (b-1), it shall state in | ||
its findings the amount of maintenance (if determinable) | ||
or duration that would have been required under the | ||
guidelines and the reasoning for any variance from the | ||
guidelines; and | ||
(3) the court shall state whether the maintenance is | ||
fixed-term, indefinite, reviewable, or reserved by the | ||
court. | ||
(b-3) Gross income. For purposes of this Section, the term |
"gross income" means all income from all sources, within the | ||
scope of that phrase in Section 505 of this Act, except | ||
maintenance payments in the pending proceedings shall not be | ||
included. | ||
(b-3.5) Net income. As used in this Section, "net income" | ||
has the meaning provided in Section 505 of this Act, except | ||
maintenance payments in the pending proceedings shall not be | ||
included. | ||
(b-4) Modification of maintenance orders entered before | ||
January 1, 2019. For any order for maintenance or unallocated | ||
maintenance and child support entered before January 1, 2019 | ||
that is modified after December 31, 2018, payments thereunder | ||
shall continue to retain the same tax treatment for federal | ||
income tax purposes unless both parties expressly agree | ||
otherwise and the agreement is included in the modification | ||
order. | ||
(b-4.5) Maintenance designation. | ||
(1) Fixed-term maintenance. If a court grants | ||
maintenance for a fixed term, the court shall designate | ||
the termination of the period during which this | ||
maintenance is to be paid. Maintenance is barred after the | ||
end of the period during which fixed-term maintenance is | ||
to be paid. | ||
(2) Indefinite maintenance. If a court grants | ||
maintenance for an indefinite term, the court shall not | ||
designate a termination date. Indefinite maintenance shall |
continue until modification or termination under Section | ||
510. | ||
(3) Reviewable maintenance. If a court grants | ||
maintenance for a specific term with a review, the court | ||
shall designate the period of the specific term and state | ||
that the maintenance is reviewable. Upon review, the court | ||
shall make a finding in accordance with subdivision (b-8) | ||
of this Section, unless the maintenance is modified or | ||
terminated under Section 510. | ||
(b-5) Interest on maintenance. Any maintenance obligation | ||
including any unallocated maintenance and child support | ||
obligation, or any portion of any support obligation, that | ||
becomes due and remains unpaid shall accrue simple interest as | ||
set forth in Section 505 of this Act. | ||
(b-7) Maintenance judgments. Any new or existing | ||
maintenance order including any unallocated maintenance and | ||
child support order entered by the court under this Section | ||
shall be deemed to be a series of judgments against the person | ||
obligated to pay support thereunder. Each such judgment to be | ||
in the amount of each payment or installment of support and | ||
each such judgment to be deemed entered as of the date the | ||
corresponding payment or installment becomes due under the | ||
terms of the support order, except no judgment shall arise as | ||
to any installment coming due after the termination of | ||
maintenance as provided by Section 510 of the Illinois | ||
Marriage and Dissolution of Marriage Act or the provisions of |
any order for maintenance. Each such judgment shall have the | ||
full force, effect and attributes of any other judgment of | ||
this State, including the ability to be enforced. | ||
Notwithstanding any other State or local law to the contrary, | ||
a lien arises by operation of law against the real and personal | ||
property of the obligor for each installment of overdue | ||
support owed by the obligor. | ||
(b-8) Review of maintenance. Upon review of any previously | ||
ordered maintenance award, the court may extend maintenance | ||
for further review, extend maintenance for a fixed | ||
non-modifiable term, extend maintenance for an indefinite | ||
term, or permanently terminate maintenance in accordance with | ||
subdivision (b-1) (1)(A) of this Section. | ||
(c) Maintenance during an appeal. The court may grant and | ||
enforce the payment of maintenance during the pendency of an | ||
appeal as the court shall deem reasonable and proper. | ||
(d) (Blank). Maintenance during imprisonment. No | ||
maintenance shall accrue during the period in which a party is | ||
imprisoned for failure to comply with the court's order for | ||
the payment of such maintenance. | ||
(e) Fees when maintenance is paid through the clerk. When | ||
maintenance is to be paid through the clerk of the court in a | ||
county of 500,000 inhabitants or less, the order shall direct | ||
the obligor to pay to the clerk, in addition to the maintenance | ||
payments, all fees imposed by the county board under paragraph | ||
(2) of subsection (j-5) of Section 27.1b paragraph (4) of |
subsection (bb) of Section 27.1a of the Clerks of Courts Act. | ||
When maintenance is to be paid through the clerk of the court | ||
in a county of more than 500,000 but less than 3,000,000 | ||
inhabitants, the order shall direct the obligor to pay to the | ||
clerk, in addition to the maintenance payments, all fees | ||
imposed by the county board under paragraph (4) of subsection | ||
(bb) of Section 27.2 of the Clerks of Courts Act. Unless paid | ||
in cash or pursuant to an order for withholding, the payment of | ||
the fee shall be by a separate instrument from the support | ||
payment and shall be made to the order of the Clerk. | ||
(f) Maintenance secured by life insurance. An award | ||
ordered by a court upon entry of a dissolution judgment or upon | ||
entry of an award of maintenance following a reservation of | ||
maintenance in a dissolution judgment may be reasonably | ||
secured, in whole or in part, by life insurance on the payor's | ||
life on terms as to which the parties agree or, if the parties | ||
do not agree, on such terms determined by the court, subject to | ||
the following: | ||
(1) With respect to existing life insurance, provided | ||
the court is apprised through evidence, stipulation, or | ||
otherwise as to level of death benefits, premium, and | ||
other relevant data and makes findings relative thereto, | ||
the court may allocate death benefits, the right to assign | ||
death benefits, or the obligation for future premium | ||
payments between the parties as it deems just. | ||
(2) To the extent the court determines that its award |
should be secured, in whole or in part, by new life | ||
insurance on the payor's life, the court may only order: | ||
(i) that the payor cooperate on all appropriate | ||
steps for the payee to obtain such new life insurance; | ||
and | ||
(ii) that the payee, at his or her sole option and | ||
expense, may obtain such new life insurance on the | ||
payor's life up to a maximum level of death benefit | ||
coverage, or descending death benefit coverage, as is | ||
set by the court, such level not to exceed a reasonable | ||
amount in light of the court's award, with the payee or | ||
the payee's designee being the beneficiary of such | ||
life insurance. | ||
In determining the maximum level of death benefit | ||
coverage, the court shall take into account all relevant | ||
facts and circumstances, including the impact on access to | ||
life insurance by the maintenance payor. If in resolving | ||
any issues under paragraph (2) of this subsection (f) a | ||
court reviews any submitted or proposed application for | ||
new insurance on the life of a maintenance payor, the | ||
review shall be in camera. | ||
(3) (Blank). | ||
(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17; | ||
100-520, eff. 1-1-18 (see Section 5 of P.A. 100-565 for the | ||
effective date of P.A. 100-520); 100-923, eff. 1-1-19 .) |
(750 ILCS 5/505) (from Ch. 40, par. 505) | ||
Sec. 505. Child support; contempt; penalties. | ||
(a) In a proceeding for dissolution of marriage, legal | ||
separation, declaration of invalidity of marriage, or | ||
dissolution of a civil union, a proceeding for child support | ||
following a legal separation or dissolution of the marriage or | ||
civil union by a court that lacked personal jurisdiction over | ||
the absent spouse, a proceeding for modification of a previous | ||
order for child support under Section 510 of this Act, or any | ||
proceeding authorized under Section 501 or 601 of this Act, | ||
the court may order either or both parents owing a duty of | ||
support to a child of the marriage or civil union to pay an | ||
amount reasonable and necessary for support. The duty of | ||
support owed to a child includes the obligation to provide for | ||
the reasonable and necessary physical, mental and emotional | ||
health needs of the child. For purposes of this Section, the | ||
term "child" shall include any child under age 18 and any child | ||
age 19 or younger who is still attending high school. For | ||
purposes of this Section, the term "obligor" means the parent | ||
obligated to pay support to the other parent. | ||
(1) Child support guidelines. The Illinois Department | ||
of Healthcare and Family Services shall adopt rules | ||
establishing child support guidelines which include | ||
worksheets to aid in the calculation of the child support | ||
obligations and a schedule of basic child support | ||
obligations that reflects the percentage of combined net |
income that parents living in the same household in this | ||
State ordinarily spend on their child. The child support | ||
guidelines have the following purposes: | ||
(A) to establish as State policy an adequate | ||
standard of support for a child, subject to the | ||
ability of parents to pay; | ||
(B) to make child support obligations more | ||
equitable by ensuring more consistent treatment of | ||
parents in similar circumstances; | ||
(C) to improve the efficiency of the court process | ||
by promoting settlements and giving courts and the | ||
parties guidance in establishing levels of child | ||
support; | ||
(D) to calculate child support based upon the | ||
parents' combined net income estimated to have been | ||
allocated for the support of the child if the parents | ||
and child were living in an intact household; | ||
(E) to adjust child support based upon the needs | ||
of the child; and | ||
(F) to allocate the amount of child support to be | ||
paid by each parent based upon a parent's net income | ||
and the child's physical care arrangements. | ||
(1.5) Computation of basic child support obligation. | ||
The court shall compute the basic child support obligation | ||
by taking the following steps: | ||
(A) determine each parent's monthly net income; |
(B) add the parents' monthly net incomes together | ||
to determine the combined monthly net income of the | ||
parents; | ||
(C) select the corresponding appropriate amount | ||
from the schedule of basic child support obligations | ||
based on the parties' combined monthly net income and | ||
number of children of the parties; and | ||
(D) calculate each parent's percentage share of | ||
the basic child support obligation. | ||
Although a monetary obligation is computed for each | ||
parent as child support, the receiving parent's share is | ||
not payable to the other parent and is presumed to be spent | ||
directly on the child. | ||
(2) Duty of support. The court shall determine child | ||
support in each case by applying the child support | ||
guidelines unless the court makes a finding that | ||
application of the guidelines would be inappropriate, | ||
after considering the best interests of the child and | ||
evidence which shows relevant factors including, but not | ||
limited to, one or more of the following: | ||
(A) the financial resources and needs of the | ||
child; | ||
(B) the financial resources and needs of the | ||
parents; | ||
(C) the standard of living the child would have | ||
enjoyed had the marriage or civil union not been |
dissolved; and | ||
(D) the physical and emotional condition of the | ||
child and his or her educational needs. | ||
(3) Income. | ||
(A) As used in this Section, "gross income" means | ||
the total of all income from all sources, except | ||
"gross income" does not include (i) benefits received | ||
by the parent from means-tested public assistance | ||
programs, including, but not limited to, Temporary | ||
Assistance for Needy Families, Supplemental Security | ||
Income, and the Supplemental Nutrition Assistance | ||
Program or (ii) benefits and income received by the | ||
parent for other children in the household, including, | ||
but not limited to, child support, survivor benefits, | ||
and foster care payments. Social security disability | ||
and retirement benefits paid for the benefit of the | ||
subject child must be included in the disabled or | ||
retired parent's gross income for purposes of | ||
calculating the parent's child support obligation, but | ||
the parent is entitled to a child support credit for | ||
the amount of benefits paid to the other party for the | ||
child. "Gross income" includes maintenance treated as | ||
taxable income for federal income tax purposes to the | ||
payee and received pursuant to a court order in the | ||
pending proceedings or any other proceedings and shall | ||
be included in the payee's gross income for purposes |
of calculating the parent's child support obligation. | ||
(B) As used in this Section, "net income" means | ||
gross income minus either the standardized tax amount | ||
calculated pursuant to subparagraph (C) of this | ||
paragraph (3) or the individualized tax amount | ||
calculated pursuant to subparagraph (D) of this | ||
paragraph (3), and minus any adjustments pursuant to | ||
subparagraph (F) of this paragraph (3). The | ||
standardized tax amount shall be used unless the | ||
requirements for an individualized tax amount set | ||
forth in subparagraph (E) of this paragraph (3) are | ||
met. "Net income" includes maintenance not includable | ||
in the gross taxable income of the payee for federal | ||
income tax purposes under a court order in the pending | ||
proceedings or any other proceedings and shall be | ||
included in the payee's net income for purposes of | ||
calculating the parent's child support obligation. | ||
(C) As used in this Section, "standardized tax | ||
amount" means the total of federal and state income | ||
taxes for a single person claiming the standard tax | ||
deduction, one personal exemption, and the applicable | ||
number of dependency exemptions for the minor child or | ||
children of the parties, and Social Security and | ||
Medicare tax calculated at the Federal Insurance | ||
Contributions Act rate. | ||
(I) Unless a court has determined otherwise or |
the parties otherwise agree, the party with the | ||
majority of parenting time shall be deemed | ||
entitled to claim the dependency exemption for the | ||
parties' minor child. | ||
(II) The Illinois Department of Healthcare and | ||
Family Services shall promulgate a standardized | ||
net income conversion table that computes net | ||
income by deducting the standardized tax amount | ||
from gross income. | ||
(D) As used in this Section, "individualized tax | ||
amount" means the aggregate of the following taxes: | ||
(I) federal income tax (properly calculated | ||
withholding or estimated payments); | ||
(II) State income tax (properly calculated | ||
withholding or estimated payments); and | ||
(III) Social Security or self-employment tax, | ||
if applicable (or, if none, mandatory retirement | ||
contributions required by law or as a condition of | ||
employment) and Medicare tax calculated at the | ||
Federal Insurance Contributions Act rate. | ||
(E) In lieu of a standardized tax amount, a | ||
determination of an individualized tax amount may be | ||
made under items (I), (II), or (III) below. If an | ||
individualized tax amount determination is made under | ||
this subparagraph (E), all relevant tax attributes | ||
(including filing status, allocation of dependency |
exemptions, and whether a party is to claim the use of | ||
the standard deduction or itemized deductions for | ||
federal income tax purposes) shall be as the parties | ||
agree or as the court determines. To determine a | ||
party's reported income, the court may order the party | ||
to complete an Internal Revenue Service Form 4506-T, | ||
Request for Tax Transcript. | ||
(I) Agreement. Irrespective of whether the | ||
parties agree on any other issue before the court, | ||
if they jointly stipulate for the record their | ||
concurrence on a computation method for the | ||
individualized tax amount that is different from | ||
the method set forth under subparagraph (D), the | ||
stipulated method shall be used by the court | ||
unless the court rejects the proposed stipulated | ||
method for good cause. | ||
(II) Summary hearing. If the court determines | ||
child support in a summary hearing under Section | ||
501 and an eligible party opts in to the | ||
individualized tax amount method under this item | ||
(II), the individualized tax amount shall be | ||
determined by the court on the basis of | ||
information contained in one or both parties' | ||
Supreme Court approved Financial Affidavit (Family & | ||
Divorce Cases) and relevant supporting documents | ||
under applicable court rules. No party, however, |
is eligible to opt in unless the party, under | ||
applicable court rules, has served the other party | ||
with the required Supreme Court approved Financial | ||
Affidavit (Family & Divorce Cases) and has | ||
substantially produced supporting documents | ||
required by the applicable court rules. | ||
(III) Evidentiary hearing. If the court | ||
determines child support in an evidentiary | ||
hearing, whether for purposes of a temporary order | ||
or at the conclusion of a proceeding, item (II) of | ||
this subparagraph (E) does not apply. In each such | ||
case (unless item (I) governs), the individualized | ||
tax amount shall be as determined by the court on | ||
the basis of the record established. | ||
(F) Adjustments to income. | ||
(I) Multi-family adjustment. If a parent is | ||
also legally responsible for support of a child | ||
not shared with the other parent and not subject | ||
to the present proceeding, there shall be an | ||
adjustment to net income as follows: | ||
(i) Multi-family adjustment with court | ||
order. The court shall deduct from the | ||
parent's net income the amount of child | ||
support actually paid by the parent pursuant | ||
to a support order unless the court makes a | ||
finding that it would cause economic hardship |
to the child. | ||
(ii) Multi-family adjustment without court | ||
order. Upon the request or application of a | ||
parent actually supporting a presumed, | ||
acknowledged, or adjudicated child living in | ||
or outside of that parent's household, there | ||
shall be an adjustment to child support. The | ||
court shall deduct from the parent's net | ||
income the amount of financial support | ||
actually paid by the parent for the child or | ||
75% of the support the parent should pay under | ||
the child support guidelines (before this | ||
adjustment), whichever is less, unless the | ||
court makes a finding that it would cause | ||
economic hardship to the child. The adjustment | ||
shall be calculated using that parent's income | ||
alone. | ||
(II) Spousal Maintenance adjustment. | ||
Obligations pursuant to a court order for spousal | ||
maintenance in the pending proceeding actually | ||
paid or payable to the same party to whom child | ||
support is to be payable or actually paid to a | ||
former spouse pursuant to a court order shall be | ||
deducted from the parent's after-tax income, | ||
unless the maintenance obligation is tax | ||
deductible to the payor for federal income tax |
purposes, in which case it shall be deducted from | ||
the payor's gross income for purposes of | ||
calculating the parent's child support obligation. | ||
(3.1) Business income. For purposes of calculating | ||
child support, net business income from the operation of a | ||
business means gross receipts minus ordinary and necessary | ||
expenses required to carry on the trade or business. As | ||
used in this paragraph, "business" includes, but is not | ||
limited to, sole proprietorships, closely held | ||
corporations, partnerships, other flow-through business | ||
entities, and self-employment. The court shall apply the | ||
following: | ||
(A) The accelerated component of depreciation and | ||
any business expenses determined either judicially or | ||
administratively to be inappropriate or excessive | ||
shall be excluded from the total of ordinary and | ||
necessary business expenses to be deducted in the | ||
determination of net business income from gross | ||
business income. | ||
(B) Any item of reimbursement or in-kind payment | ||
received by a parent from a business, including, but | ||
not limited to, a company car, reimbursed meals, free | ||
housing, or a housing allowance, shall be counted as | ||
income if not otherwise included in the recipient's | ||
gross income, if the item is significant in amount and | ||
reduces personal expenses. |
(3.2 a ) Unemployment or underemployment. If a parent is | ||
voluntarily unemployed or underemployed, child support | ||
shall be calculated based on a determination of potential | ||
income. A determination of potential income shall be made | ||
by determining employment potential and probable earnings | ||
level based on the obligor's work history, occupational | ||
qualifications, prevailing job opportunities, the | ||
ownership by a parent of a substantial non-income | ||
producing asset, and earnings levels in the community. In | ||
determining potential income, the court shall consider the | ||
specific circumstances of a party, to the extent known, | ||
including, but not limited to, the parent's: | ||
(1) assets; | ||
(2) ownership of a substantial non-income | ||
producing asset; | ||
(3) residence; | ||
(4) employment and earning history; | ||
(5) job skills; | ||
(6) educational attainment; | ||
(7) literacy; | ||
(8) age; | ||
(9) health; | ||
(10) criminal records and other employment | ||
barriers; and | ||
(11) record of seeking work. | ||
The court shall also consider the local job market, |
availability of local employers willing to hire the | ||
parent, prevailing earning levels in the local community, | ||
and other relevant background factors in the case. If | ||
there is insufficient work history to determine employment | ||
potential and probable earnings level, there shall be a | ||
rebuttable presumption that the parent's potential income | ||
is 75% of the most recent United States Department of | ||
Health and Human Services Federal Poverty Guidelines for a | ||
family of one person. Incarceration shall not be | ||
considered voluntary unemployment for child support | ||
purposes in establishing or modifying child support. | ||
| ||
(3.2b) The court may impute income to a party only | ||
upon conducting an evidentiary hearing or by agreement of | ||
the parties. Imputation of income shall be accompanied by | ||
specific written findings identifying the basis or bases | ||
for imputation using these factors. | ||
(3.3) Rebuttable presumption in favor of guidelines. | ||
There is a rebuttable presumption in any judicial or | ||
administrative proceeding for child support that the | ||
amount of the child support obligation that would result | ||
from the application of the child support guidelines is | ||
the correct amount of child support. | ||
(3.3a) Minimum child support obligation. There is a | ||
rebuttable presumption that a minimum child support | ||
obligation of $40 per month, per child, will be entered | ||
for an obligor who has actual or imputed gross income at or |
less than 75% of the most recent United States Department | ||
of Health and Human Services Federal Poverty Guidelines | ||
for a family of one person, with a maximum total child | ||
support obligation for that obligor of $120 per month to | ||
be divided equally among all of the obligor's children. | ||
(3.3b) Zero dollar child support order. For parents | ||
with no gross income, who receive only means-tested | ||
assistance, or who cannot work due to a medically proven | ||
disability, incarceration, or institutionalization, there | ||
is a rebuttable presumption that the $40 per month minimum | ||
support order is inapplicable and a zero dollar order | ||
shall be entered. | ||
(3.4) Deviation factors. In any action to establish or | ||
modify child support, whether pursuant to a temporary or | ||
final administrative or court order, the child support | ||
guidelines shall be used as a rebuttable presumption for | ||
the establishment or modification of the amount of child | ||
support. The court may deviate from the child support | ||
guidelines if the application would be inequitable, | ||
unjust, or inappropriate. Any deviation from the | ||
guidelines shall be accompanied by written findings by the | ||
court specifying the reasons for the deviation and the | ||
presumed amount under the child support guidelines without | ||
a deviation. These reasons may include: | ||
(A) extraordinary medical expenditures necessary | ||
to preserve the life or health of a party or a child of |
either or both of the parties; | ||
(B) additional expenses incurred for a child | ||
subject to the child support order who has special | ||
medical, physical, or developmental needs; and | ||
(C) any other factor the court determines should | ||
be applied upon a finding that the application of the | ||
child support guidelines would be inappropriate, after | ||
considering the best interest of the child. | ||
(3.5) Income in excess of the schedule of basic child | ||
support obligation. A court may use its discretion to | ||
determine child support if the combined adjusted net | ||
income of the parties exceeds the highest level of the | ||
schedule of basic child support obligation, except that | ||
the basic child support obligation shall not be less than | ||
the highest level of combined net income set forth in the | ||
schedule of basic child support obligation. | ||
(3.6) Extracurricular activities and school expenses. | ||
The court, in its discretion, in addition to the basic | ||
child support obligation, may order either or both parents | ||
owing a duty of support to the child to contribute to the | ||
reasonable school and extracurricular activity expenses | ||
incurred which are intended to enhance the educational, | ||
athletic, social, or cultural development of the child. | ||
(3.7) Child care expenses. The court, in its | ||
discretion, in addition to the basic child support | ||
obligation, may order either or both parents owing a duty |
of support to the child to contribute to the reasonable | ||
child care expenses of the child. The child care expenses | ||
shall be made payable directly to a party or directly to | ||
the child care provider at the time of child care | ||
services. | ||
(A) "Child care expenses" means actual expenses | ||
reasonably necessary to enable a parent or non-parent | ||
custodian to be employed, to attend educational or | ||
vocational training programs to improve employment | ||
opportunities, or to search for employment. "Child | ||
care expenses" also includes deposits for securing | ||
placement in a child care program, the cost of before | ||
and after school care, and camps when school is not in | ||
session. A child's special needs shall be a | ||
consideration in determining reasonable child care | ||
expenses. | ||
(B) Child care expenses shall be prorated in | ||
proportion to each parent's percentage share of | ||
combined net income, and may be added to the basic | ||
child support obligation if not paid directly by each | ||
parent to the provider of child care services. The | ||
obligor's and obligee's portion of actual child care | ||
expenses shall appear in the support order. If | ||
allowed, the value of the federal income tax credit | ||
for child care shall be subtracted from the actual | ||
cost to determine the net child care costs. |
(C) The amount of child care expenses shall be | ||
adequate to obtain reasonable and necessary child | ||
care. The actual child care expenses shall be used to | ||
calculate the child care expenses, if available. When | ||
actual child care expenses vary, the actual child care | ||
expenses may be averaged over the most recent 12-month | ||
period. When a parent is temporarily unemployed or | ||
temporarily not attending educational or vocational | ||
training programs, future child care expenses shall be | ||
based upon prospective expenses to be incurred upon | ||
return to employment or educational or vocational | ||
training programs. | ||
(D) An order for child care expenses may be | ||
modified upon a showing of a substantial change in | ||
circumstances. The party incurring child care expenses | ||
shall notify the other party within 14 days of any | ||
change in the amount of child care expenses that would | ||
affect the annualized child care amount as determined | ||
in the support order. | ||
(3.8) Shared physical care. If each parent exercises | ||
146 or more overnights per year with the child, the basic | ||
child support obligation is multiplied by 1.5 to calculate | ||
the shared care child support obligation. The court shall | ||
determine each parent's share of the shared care child | ||
support obligation based on the parent's percentage share | ||
of combined net income. The child support obligation is |
then computed for each parent by multiplying that parent's | ||
portion of the shared care support obligation by the | ||
percentage of time the child spends with the other parent. | ||
The respective child support obligations are then offset, | ||
with the parent owing more child support paying the | ||
difference between the child support amounts. The Illinois | ||
Department of Healthcare and Family Services shall | ||
promulgate a worksheet to calculate child support in cases | ||
in which the parents have shared physical care and use the | ||
standardized tax amount to determine net income. | ||
(3.9) Split physical care. When there is more than one | ||
child and each parent has physical care of at least one but | ||
not all of the children, the support is calculated by | ||
using 2 child support worksheets to determine the support | ||
each parent owes the other. The support shall be | ||
calculated as follows: | ||
(A) compute the support the first parent would owe | ||
to other parent as if the child in his or her care was | ||
the only child of the parties; then | ||
(B) compute the support the other parent would owe | ||
to the first parent as if the child in his or her care | ||
were the only child of the parties; then | ||
(C) subtract the lesser support obligation from | ||
the greater. | ||
The parent who owes the greater obligation shall be | ||
ordered to pay the difference in support to the other |
parent, unless the court determines, pursuant to other | ||
provisions of this Section, that it should deviate from | ||
the guidelines. | ||
(4) Health care to be addressed by the court. | ||
(A) A portion of the basic child support | ||
obligation is intended to cover basic ordinary | ||
out-of-pocket medical expenses. The court, in its | ||
discretion, in addition to the basic child support | ||
obligation, shall also provide for the child's current | ||
and future medical needs by ordering either or both | ||
parents to initiate health insurance coverage for the | ||
child through currently effective health insurance | ||
policies held by the parent or parents, purchase one | ||
or more or all health, dental, or vision insurance | ||
policies for the child, or provide for the child's | ||
current and future medical needs through some other | ||
manner. | ||
(B) The court, in its discretion, may order either | ||
or both parents to contribute to the reasonable health | ||
care needs of the child not covered by insurance, | ||
including, but not limited to, unreimbursed medical, | ||
dental, orthodontic, or vision expenses and any | ||
prescription medication for the child not covered | ||
under the child's health insurance. | ||
(C) If neither parent has access to appropriate | ||
private health insurance coverage, the court may |
order: | ||
(I) one or both parents to provide health | ||
insurance coverage at any time it becomes | ||
available at a reasonable cost; or | ||
(II) the parent or non-parent custodian with | ||
primary physical responsibility for the child to | ||
apply for public health insurance coverage for the | ||
child and require either or both parents to pay a | ||
reasonable amount of the cost of health insurance | ||
for the child. | ||
The order may also provide that any time private | ||
health insurance coverage is available at a reasonable | ||
cost to that party it will be provided instead of cash | ||
medical support. As used in this Section, "cash | ||
medical support" means an amount ordered to be paid | ||
toward the cost of health insurance provided by a | ||
public entity or by another person through employment | ||
or otherwise or for other medical costs not covered by | ||
insurance. | ||
(D) The amount to be added to the basic child | ||
support obligation shall be the actual amount of the | ||
total health insurance premium that is attributable to | ||
the child who is the subject of the order. If this | ||
amount is not available or cannot be verified, the | ||
total cost of the health insurance premium shall be | ||
divided by the total number of persons covered by the |
policy. The cost per person derived from this | ||
calculation shall be multiplied by the number of | ||
children who are the subject of the order and who are | ||
covered under the health insurance policy. This amount | ||
shall be added to the basic child support obligation | ||
and shall be allocated between the parents in | ||
proportion to their respective net incomes. | ||
(E) After the health insurance premium for the | ||
child is added to the basic child support obligation | ||
and allocated between the parents in proportion to | ||
their respective incomes for child support purposes, | ||
if the obligor is paying the premium, the amount | ||
calculated for the obligee's share of the health | ||
insurance premium for the child shall be deducted from | ||
the obligor's share of the total child support | ||
obligation. If the obligee is paying for private | ||
health insurance for the child, the child support | ||
obligation shall be increased by the obligor's share | ||
of the premium payment. The obligor's and obligee's | ||
portion of health insurance costs shall appear in the | ||
support order. | ||
(F) Prior to allowing the health insurance | ||
adjustment, the parent requesting the adjustment must | ||
submit proof that the child has been enrolled in a | ||
health insurance plan and must submit proof of the | ||
cost of the premium. The court shall require the |
parent receiving the adjustment to annually submit | ||
proof of continued coverage of the child to the other | ||
parent, or as designated by the court. | ||
(G) A reasonable cost for providing health | ||
insurance coverage for the child may not exceed 5% of | ||
the providing parent's gross income. Parents with a | ||
net income below 133% of the most recent United States | ||
Department of Health and Human Services Federal | ||
Poverty Guidelines or whose child is covered by | ||
Medicaid based on that parent's income may not be | ||
ordered to contribute toward or provide private | ||
coverage, unless private coverage is obtainable | ||
without any financial contribution by that parent. | ||
(H) If dental or vision insurance is included as | ||
part of the employer's medical plan, the coverage | ||
shall be maintained for the child. If not included in | ||
the employer's medical plan, adding the dental or | ||
vision insurance for the child is at the discretion of | ||
the court. | ||
(I) If a parent has been directed to provide | ||
health insurance pursuant to this paragraph and that | ||
parent's spouse or legally recognized partner provides | ||
the insurance for the benefit of the child either | ||
directly or through employment, a credit on the child | ||
support worksheet shall be given to that parent in the | ||
same manner as if the premium were paid by that parent. |
(4.5) In a proceeding for child support following | ||
dissolution of the marriage or civil union by a court that | ||
lacked personal jurisdiction over the absent spouse, and | ||
in which the court is requiring payment of support for the | ||
period before the date an order for current support is | ||
entered, there is a rebuttable presumption that the | ||
obligor's net income for the prior period was the same as | ||
his or her net income at the time the order for current | ||
support is entered. | ||
(5) If the net income cannot be determined because of | ||
default or any other reason, the court shall order support | ||
in an amount considered reasonable in the particular case. | ||
The final order in all cases shall state the support level | ||
in dollar amounts. However, if the court finds that the | ||
child support amount cannot be expressed exclusively as a | ||
dollar amount because all or a portion of the obligor's | ||
net income is uncertain as to source, time of payment, or | ||
amount, the court may order a percentage amount of support | ||
in addition to a specific dollar amount and enter such | ||
other orders as may be necessary to determine and enforce, | ||
on a timely basis, the applicable support ordered. | ||
(6) If (i) the obligor was properly served with a | ||
request for discovery of financial information relating to | ||
the obligor's ability to provide child support, (ii) the | ||
obligor failed to comply with the request, despite having | ||
been ordered to do so by the court, and (iii) the obligor |
is not present at the hearing to determine support despite | ||
having received proper notice, then any relevant financial | ||
information concerning the obligor's ability to provide | ||
child support that was obtained pursuant to subpoena and | ||
proper notice shall be admitted into evidence without the | ||
need to establish any further foundation for its | ||
admission. | ||
(a-3) Life insurance to secure support. At the discretion | ||
of the court, a child support obligation pursuant to this | ||
Section and Sections 510, 513, and 513.5 of this Act may be | ||
secured, in whole or in part, by reasonably affordable life | ||
insurance on the life of one or both parents on such terms as | ||
the parties agree or as the court orders. The court may require | ||
such insurance remain in full force and effect until the | ||
termination of all obligations of support, subject to the | ||
following: | ||
(1) Existing life insurance. The court shall be | ||
apprised through evidence, stipulation, or otherwise as to | ||
the level, ownership, and type of existing life insurance | ||
death benefit coverage available to one or both parents, | ||
the cost of the premiums, cost ratings, and escalations | ||
and assignment of the policy, if applicable, and all other | ||
relevant circumstances. The court shall make findings | ||
relative thereto. | ||
(2) New life insurance. The court shall be apprised | ||
through evidence, stipulation, or otherwise as to the |
availability of obtaining reasonably affordable new life | ||
insurance. To the extent the court determines that the | ||
support obligations should be secured, in whole or in | ||
part, by new life insurance on the life of one or both | ||
parents, the court may order that one or both parents | ||
comply with all requirements to obtain such new life | ||
insurance through employment, trade union, fraternal | ||
organizations, associations, or individual means. | ||
In determining the level and type of death benefits | ||
coverage to be obtained by a parent, the court shall | ||
consider access and availability of life insurance to that | ||
parent, the cost of the premium, cost ratings, and | ||
escalations, if applicable, and all other relevant | ||
circumstances. | ||
(3) Other security. If life insurance is unavailable | ||
to a parent, the court, in its discretion, or as agreed to | ||
by the parties, may order other equitable and reasonable | ||
means to secure a child support obligation. | ||
(a-5) In an action to enforce an order for child support | ||
based on the obligor's failure to make support payments as | ||
required by the order, notice of proceedings to hold the | ||
obligor in contempt for that failure may be served on the | ||
obligor by personal service or by regular mail addressed to | ||
the last known address of the obligor. The last known address | ||
of the obligor may be determined from records of the clerk of | ||
the court, from the Federal Case Registry of Child Support |
Orders, or by any other reasonable means. | ||
(b) Failure of either parent to comply with an order to pay | ||
support shall be punishable as in other cases of contempt. In | ||
addition to other penalties provided by law the court may, | ||
after finding the parent guilty of contempt, order that the | ||
parent be: | ||
(1) placed on probation with such conditions of | ||
probation as the court deems advisable; | ||
(2) sentenced to periodic imprisonment for a period | ||
not to exceed 6 months; provided, however, that the court | ||
may permit the parent to be released for periods of time | ||
during the day or night to: | ||
(A) work; or | ||
(B) conduct a business or other self-employed | ||
occupation. | ||
The court may further order any part or all of the earnings | ||
of a parent during a sentence of periodic imprisonment paid to | ||
the Clerk of the Circuit Court or to the parent having physical | ||
possession of the child or to the non-parent custodian having | ||
custody of the child of the sentenced parent for the support of | ||
the child until further order of the court. | ||
If a parent who is found guilty of contempt for failure to | ||
comply with an order to pay support is a person who conducts a | ||
business or who is self-employed, the court in addition to | ||
other penalties provided by law may order that the parent do | ||
one or more of the following: (i) provide to the court monthly |
financial statements showing income and expenses from the | ||
business or the self-employment; (ii) seek employment and | ||
report periodically to the court with a diary, listing, or | ||
other memorandum of his or her employment search efforts; or | ||
(iii) report to the Department of Employment Security for job | ||
search services to find employment that will be subject to | ||
withholding for child support. | ||
If there is a unity of interest and ownership sufficient | ||
to render no financial separation between an obligor and | ||
another person or persons or business entity, the court may | ||
pierce the ownership veil of the person, persons, or business | ||
entity to discover assets of the obligor held in the name of | ||
that person, those persons, or that business entity. The | ||
following circumstances are sufficient to authorize a court to | ||
order discovery of the assets of a person, persons, or | ||
business entity and to compel the application of any | ||
discovered assets toward payment on the judgment for support: | ||
(1) the obligor and the person, persons, or business | ||
entity maintain records together. | ||
(2) the obligor and the person, persons, or business | ||
entity fail to maintain an arm's length relationship | ||
between themselves with regard to any assets. | ||
(3) the obligor transfers assets to the person, | ||
persons, or business entity with the intent to perpetrate | ||
a fraud on the obligee. | ||
With respect to assets which are real property, no order |
entered under this paragraph shall affect the rights of bona | ||
fide purchasers, mortgagees, judgment creditors, or other lien | ||
holders who acquire their interests in the property prior to | ||
the time a notice of lis pendens pursuant to the Code of Civil | ||
Procedure or a copy of the order is placed of record in the | ||
office of the recorder of deeds for the county in which the | ||
real property is located. | ||
The court may also order in cases where the parent is 90 | ||
days or more delinquent in payment of support or has been | ||
adjudicated in arrears in an amount equal to 90 days | ||
obligation or more, that the parent's Illinois driving | ||
privileges be suspended until the court determines that the | ||
parent is in compliance with the order of support. The court | ||
may also order that the parent be issued a family financial | ||
responsibility driving permit that would allow limited driving | ||
privileges for employment and medical purposes in accordance | ||
with Section 7-702.1 of the Illinois Vehicle Code. The Clerk | ||
of the Circuit Court shall certify the order suspending the | ||
driving privileges of the parent or granting the issuance of a | ||
family financial responsibility driving permit to the | ||
Secretary of State on forms prescribed by the Secretary of | ||
State. Upon receipt of the authenticated documents, the | ||
Secretary of State shall suspend the parent's driving | ||
privileges until further order of the court and shall, if | ||
ordered by the court, subject to the provisions of Section | ||
7-702.1 of the Illinois Vehicle Code, issue a family financial |
responsibility driving permit to the parent. | ||
In addition to the penalties or punishment that may be | ||
imposed under this Section, any person whose conduct | ||
constitutes a violation of Section 15 of the Non-Support | ||
Punishment Act may be prosecuted under that Act, and a person | ||
convicted under that Act may be sentenced in accordance with | ||
that Act. The sentence may include but need not be limited to a | ||
requirement that the person perform community service under | ||
Section 50 of that Act or participate in a work alternative | ||
program under Section 50 of that Act. A person may not be | ||
required to participate in a work alternative program under | ||
Section 50 of that Act if the person is currently | ||
participating in a work program pursuant to Section 505.1 of | ||
this Act. | ||
A support obligation, or any portion of a support | ||
obligation, which becomes due and remains unpaid as of the end | ||
of each month, excluding the child support that was due for | ||
that month to the extent that it was not paid in that month, | ||
shall accrue simple interest as set forth in Section 12-109 of | ||
the Code of Civil Procedure. An order for support entered or | ||
modified on or after January 1, 2006 shall contain a statement | ||
that a support obligation required under the order, or any | ||
portion of a support obligation required under the order, that | ||
becomes due and remains unpaid as of the end of each month, | ||
excluding the child support that was due for that month to the | ||
extent that it was not paid in that month, shall accrue simple |
interest as set forth in Section 12-109 of the Code of Civil | ||
Procedure. Failure to include the statement in the order for | ||
support does not affect the validity of the order or the | ||
accrual of interest as provided in this Section. | ||
(c) A one-time charge of 20% is imposable upon the amount | ||
of past-due child support owed on July 1, 1988 which has | ||
accrued under a support order entered by the court. The charge | ||
shall be imposed in accordance with the provisions of Section | ||
10-21 of the Illinois Public Aid Code and shall be enforced by | ||
the court upon petition. | ||
(d) Any new or existing support order entered by the court | ||
under this Section shall be deemed to be a series of judgments | ||
against the person obligated to pay support thereunder, each | ||
such judgment to be in the amount of each payment or | ||
installment of support and each such judgment to be deemed | ||
entered as of the date the corresponding payment or | ||
installment becomes due under the terms of the support order. | ||
Each such judgment shall have the full force, effect and | ||
attributes of any other judgment of this State, including the | ||
ability to be enforced. Notwithstanding any other State or | ||
local law to the contrary, a lien arises by operation of law | ||
against the real and personal property of the obligor for each | ||
installment of overdue support owed by the obligor. | ||
(e) When child support is to be paid through the Clerk of | ||
the Court in a county of 500,000 inhabitants or less, the order | ||
shall direct the obligor to pay to the Clerk, in addition to |
the child support payments, all fees imposed by the county | ||
board under paragraph (2) of subsection (j-5) of Section 27.1b | ||
paragraph (4) of subsection (bb) of Section 27.1a of the | ||
Clerks of Courts Act. When child support is to be paid through | ||
the clerk of the court in a county of more than 500,000 but | ||
less than 3,000,000 inhabitants, the order shall direct the | ||
obligor to pay to the clerk, in addition to the child support | ||
payments, all fees imposed by the county board under paragraph | ||
(4) of subsection (bb) of Section 27.2 of the Clerks of Courts | ||
Act. Unless paid pursuant to an Income Withholding | ||
Order/Notice for Support, the payment of the fee shall be by | ||
payment acceptable to the clerk and shall be made to the order | ||
of the Clerk. | ||
(f) All orders for support, when entered or modified, | ||
shall include a provision requiring the obligor to notify the | ||
court and, in cases in which a party is receiving child and | ||
spouse services under Article X of the Illinois Public Aid | ||
Code, the Department of Healthcare and Family Services, within | ||
7 days, (i) of the name and address of any new employer of the | ||
obligor, (ii) whether the obligor has access to health | ||
insurance coverage through the employer or other group | ||
coverage and, if so, the policy name and number and the names | ||
of persons covered under the policy, except only the initials | ||
of any covered minors shall be included, and (iii) of any new | ||
residential or mailing address or telephone number of the | ||
obligor. In any subsequent action to enforce a support order, |
upon a sufficient showing that a diligent effort has been made | ||
to ascertain the location of the obligor, service of process | ||
or provision of notice necessary in the case may be made at the | ||
last known address of the obligor in any manner expressly | ||
provided by the Code of Civil Procedure or this Act, which | ||
service shall be sufficient for purposes of due process. | ||
(g) An order for support shall include a date on which the | ||
current support obligation terminates. The termination date | ||
shall be no earlier than the date on which the child covered by | ||
the order will attain the age of 18. However, if the child will | ||
not graduate from high school until after attaining the age of | ||
18, then the termination date shall be no earlier than the | ||
earlier of the date on which the child's high school | ||
graduation will occur or the date on which the child will | ||
attain the age of 19. The order for support shall state that | ||
the termination date does not apply to any arrearage that may | ||
remain unpaid on that date. Nothing in this subsection shall | ||
be construed to prevent the court from modifying the order or | ||
terminating the order in the event the child is otherwise | ||
emancipated. | ||
(g-5) If there is an unpaid arrearage or delinquency (as | ||
those terms are defined in the Income Withholding for Support | ||
Act) equal to at least one month's support obligation on the | ||
termination date stated in the order for support or, if there | ||
is no termination date stated in the order, on the date the | ||
child attains the age of majority or is otherwise emancipated, |
the periodic amount required to be paid for current support of | ||
that child immediately prior to that date shall automatically | ||
continue to be an obligation, not as current support but as | ||
periodic payment toward satisfaction of the unpaid arrearage | ||
or delinquency. That periodic payment shall be in addition to | ||
any periodic payment previously required for satisfaction of | ||
the arrearage or delinquency. The total periodic amount to be | ||
paid toward satisfaction of the arrearage or delinquency may | ||
be enforced and collected by any method provided by law for | ||
enforcement and collection of child support, including but not | ||
limited to income withholding under the Income Withholding for | ||
Support Act. Each order for support entered or modified on or | ||
after January 1, 2005 (the effective date of Public Act | ||
93-1061) must contain a statement notifying the parties of the | ||
requirements of this subsection. Failure to include the | ||
statement in the order for support does not affect the | ||
validity of the order or the operation of the provisions of | ||
this subsection with regard to the order. This subsection | ||
shall not be construed to prevent or affect the establishment | ||
or modification of an order for support of a minor child or the | ||
establishment or modification of an order for support of a | ||
non-minor child or educational expenses under Section 513 of | ||
this Act. | ||
(h) An order entered under this Section shall include a | ||
provision requiring either parent to report to the other | ||
parent and to the Clerk of Court within 10 days each time |
either parent obtains new employment, and each time either | ||
parent's employment is terminated for any reason. The report | ||
shall be in writing and shall, in the case of new employment, | ||
include the name and address of the new employer. Failure to | ||
report new employment or the termination of current | ||
employment, if coupled with nonpayment of support for a period | ||
in excess of 60 days, is indirect criminal contempt. For | ||
either parent arrested for failure to report new employment | ||
bond shall be set in the amount of the child support that | ||
should have been paid during the period of unreported | ||
employment. An order entered under this Section shall also | ||
include a provision requiring either obligor and obligee to | ||
advise the other of a change in residence within 5 days of the | ||
change except when the court finds that the physical, mental, | ||
or emotional health of a party or that of a child, or both, | ||
would be seriously endangered by disclosure of the party's | ||
address. | ||
(i) The court does not lose the powers of contempt, | ||
driver's license suspension, or other child support | ||
enforcement mechanisms, including, but not limited to, | ||
criminal prosecution as set forth in this Act, upon the | ||
emancipation of the minor child. | ||
(Source: P.A. 102-823, eff. 5-13-22.) | ||
(750 ILCS 5/509) (from Ch. 40, par. 509) | ||
Sec. 509. Independence of Provisions of Judgment or |
Temporary Order. If a party fails to comply with a provision of | ||
a judgment, order , or injunction, the obligation of the other | ||
party to make payments for support or maintenance or to permit | ||
visitation or parenting time is not suspended; but the other | ||
party he may move the court to grant an appropriate order. | ||
(Source: P.A. 99-90, eff. 1-1-16 .) | ||
(750 ILCS 5/600) | ||
Sec. 600. Definitions. For purposes of this Part VI: | ||
(a) "Abuse" has the meaning ascribed to that term in | ||
Section 103 of the Illinois Domestic Violence Act of 1986. | ||
(b) "Allocation judgment" means a judgment allocating | ||
parental responsibilities. | ||
(c) "Caretaking functions" means tasks that involve | ||
interaction with a child or that direct, arrange, and | ||
supervise the interaction with and care of a child provided by | ||
others, or for obtaining the resources allowing for the | ||
provision of these functions. The term includes, but is not | ||
limited to, the following: | ||
(1) satisfying a child's nutritional needs; managing a | ||
child's bedtime and wake-up routines; caring for a child | ||
when the child is sick or injured; being attentive to a | ||
child's personal hygiene needs, including washing, | ||
grooming, and dressing; playing with a child and ensuring | ||
the child attends scheduled extracurricular activities; | ||
protecting a child's physical safety; and providing |
transportation for a child; | ||
(2) directing a child's various developmental needs, | ||
including the acquisition of motor and language skills, | ||
toilet training, self-confidence, and maturation; | ||
(3) providing discipline, giving instruction in | ||
manners, assigning and supervising chores, and performing | ||
other tasks that attend to a child's needs for behavioral | ||
control and self-restraint; | ||
(4) ensuring the child attends school, including | ||
remedial and special services appropriate to the child's | ||
needs and interests, communicating with teachers and | ||
counselors, and supervising homework; | ||
(5) helping a child develop and maintain appropriate | ||
interpersonal relationships with peers, siblings, and | ||
other family members; | ||
(6) ensuring the child attends medical appointments | ||
and is available for medical follow-up and meeting the | ||
medical needs of the child in the home; | ||
(7) providing moral and ethical guidance for a child; | ||
and | ||
(8) arranging alternative care for a child by a family | ||
member, babysitter, or other child care provider or | ||
facility, including investigating such alternatives, | ||
communicating with providers, and supervising such care. | ||
(d) "Parental responsibilities" means both parenting time | ||
and significant decision-making responsibilities with respect |
to a child. | ||
(e) "Parenting time" means the time during which a parent | ||
is responsible for exercising caretaking functions and | ||
non-significant decision-making responsibilities with respect | ||
to the child. | ||
(f) "Parenting plan" means a written agreement that | ||
allocates significant decision-making responsibilities, | ||
parenting time, or both. | ||
(g) "Relocation" means: | ||
(1) a change of residence from the child's current | ||
primary residence located in the county of Cook, DuPage, | ||
Kane, Lake, McHenry, or Will to a new residence within | ||
this State that is more than 25 miles from the child's | ||
current residence, as measured by an Internet mapping | ||
service using surface roads ; | ||
(2) a change of residence from the child's current | ||
primary residence located in a county not listed in | ||
paragraph (1) to a new residence within this State that is | ||
more than 50 miles from the child's current primary | ||
residence, as measured by an Internet mapping service | ||
using surface roads ; or | ||
(3) a change of residence from the child's current | ||
primary residence to a residence outside the borders of | ||
this State that is more than 25 miles from the current | ||
primary residence, as measured by an Internet mapping | ||
service using surface roads . |
If the Internet mapping service offers alternative routes, | ||
the alternative route that is the shortest distance shall be | ||
used. | ||
(h) "Religious upbringing" means the choice of religion or | ||
denomination of a religion, religious schooling, religious | ||
training, or participation in religious customs or practices. | ||
(i) "Restriction of parenting time" means any limitation | ||
or condition placed on parenting time, including supervision. | ||
(j) "Right of first refusal" has the meaning provided in | ||
subsection (b) of Section 602.3 of this Act. | ||
(k) "Significant decision-making" means deciding issues of | ||
long-term importance in the life of a child. | ||
(l) "Step-parent" means a person married to a child's | ||
parent, including a person married to the child's parent | ||
immediately prior to the parent's death. | ||
(m) "Supervision" means the presence of a third party | ||
during a parent's exercise of parenting time. | ||
(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17 .) | ||
(750 ILCS 5/602.10) | ||
Sec. 602.10. Parenting plan. | ||
(a) Filing of parenting plan. All parents, within 120 days | ||
after service or filing of any petition for allocation of | ||
parental responsibilities, must file with the court, either | ||
jointly or separately, a proposed parenting plan. The time | ||
period for filing a parenting plan may be extended by the court |
for good cause shown. If no appearance has been filed by the | ||
respondent, no parenting plan is required unless ordered by | ||
the court. | ||
(b) No parenting plan filed. In the absence of filing of | ||
one or more parenting plans, the court must conduct an | ||
evidentiary hearing to allocate parental responsibilities. | ||
(c) Mediation. The court shall order mediation to assist | ||
the parents in formulating or modifying a parenting plan or in | ||
implementing a parenting plan unless the court determines that | ||
impediments to mediation exist. Costs under this subsection | ||
shall be allocated between the parties pursuant to the | ||
applicable statute or Supreme Court Rule. | ||
(d) Parents' agreement on parenting plan. The parenting | ||
plan must be in writing and signed by both parents. The parents | ||
must submit the parenting plan to the court for approval | ||
within 120 days after service of a petition for allocation of | ||
parental responsibilities or the filing of an appearance, | ||
except for good cause shown. Notwithstanding the provisions | ||
above, the parents may agree upon and submit a parenting plan | ||
at any time after the commencement of a proceeding until prior | ||
to the entry of a judgment of dissolution of marriage. The | ||
agreement is binding upon the court unless it finds, after | ||
considering the circumstances of the parties and any other | ||
relevant evidence produced by the parties, that the agreement | ||
is not in the best interests of the child. If the court does | ||
not approve the parenting plan, the court shall make express |
findings of the reason or reasons for its refusal to approve | ||
the plan. The court, on its own motion, may conduct an | ||
evidentiary hearing to determine whether the parenting plan is | ||
in the child's best interests. | ||
(e) Parents cannot agree on parenting plan. When parents | ||
fail to submit an agreed parenting plan, each parent must file | ||
and submit a written, signed parenting plan to the court | ||
within 120 days after the filing of an appearance, except for | ||
good cause shown. The court's determination of parenting time | ||
should be based on the child's best interests. The filing of | ||
the plan may be excused by the court if: | ||
(1) the parties have commenced mediation for the | ||
purpose of formulating a parenting plan; or | ||
(2) the parents have agreed in writing to extend the | ||
time for filing a proposed plan and the court has approved | ||
such an extension; or | ||
(3) the court orders otherwise for good cause shown. | ||
(f) Parenting plan contents. At a minimum, a parenting | ||
plan must set forth the following: | ||
(1) an allocation of significant decision-making | ||
responsibilities; | ||
(2) provisions for the child's living arrangements and | ||
for each parent's parenting time, including either: | ||
(A) a schedule that designates in which parent's | ||
home the minor child will reside on given days; or | ||
(B) a formula or method for determining such a |
schedule in sufficient detail to be enforced in a | ||
subsequent proceeding; | ||
(3) a mediation provision addressing any proposed | ||
reallocation of parenting time or regarding the terms of | ||
allocation of parental responsibilities, except that this | ||
provision is not required if one parent is allocated all | ||
significant decision-making responsibilities; | ||
(4) each parent's right of access to medical, dental, | ||
and psychological records (subject to the Mental Health | ||
and Developmental Disabilities Confidentiality Act), child | ||
care records, and school and extracurricular records, | ||
reports, and schedules, unless expressly denied by a court | ||
order or denied under Section 602.11; | ||
(5) a designation of the parent who will be | ||
denominated as the parent with the majority of parenting | ||
time for purposes of Section 606.10; | ||
(6) the child's residential address for school | ||
enrollment purposes only; | ||
(7) each parent's residence address and phone number, | ||
and each parent's place of employment and employment | ||
address and phone number; | ||
(8) a requirement that a parent changing his or her | ||
residence provide at least 60 days prior written notice of | ||
the change to any other parent under the parenting plan or | ||
allocation judgment, unless such notice is impracticable | ||
or unless otherwise ordered by the court. If such notice |
is impracticable, written notice shall be given at the | ||
earliest date practicable. At a minimum, the notice shall | ||
set forth the following: | ||
(A) the intended date of the change of residence; | ||
and | ||
(B) the address of the new residence; | ||
(9) provisions requiring each parent to notify the | ||
other of emergencies, health care, travel plans, or other | ||
significant child-related issues; | ||
(10) transportation arrangements between the parents; | ||
(11) provisions for communications, including | ||
electronic communications, with the child during the other | ||
parent's parenting time; | ||
(12) provisions for resolving issues arising from a | ||
parent's future relocation, if applicable; | ||
(13) provisions for future modifications of the | ||
parenting plan, if specified events occur; | ||
(14) provisions for the exercise of the right of first | ||
refusal, if so desired, that are consistent with the best | ||
interests of the minor child; provisions in the plan for | ||
the exercise of the right of first refusal must include: | ||
(i) the length and kind of child-care requirements | ||
invoking the right of first refusal; | ||
(ii) notification to the other parent and for his | ||
or her response; | ||
(iii) transportation requirements; and |
(iv) any other provision related to the exercise | ||
of the right of first refusal necessary to protect and | ||
promote the best interests of the minor child; and | ||
(15) any other provision that addresses the child's | ||
best interests or that will otherwise facilitate | ||
cooperation between the parents. | ||
The personal information under items (6), (7), and (8) of | ||
this subsection is not required if there is evidence of or the | ||
parenting plan states that there is a history of domestic | ||
violence or abuse, or it is shown that the release of the | ||
information is not in the child's or parent's best interests. | ||
(g) The court shall conduct a trial or hearing to | ||
determine a plan which maximizes the child's relationship and | ||
access to both parents and shall ensure that the access and the | ||
overall plan are in the best interests of the child. The court | ||
shall take the parenting plans into consideration when | ||
determining parenting time and responsibilities at trial or | ||
hearing. | ||
(h) The court may consider, consistent with the best | ||
interests of the child as defined in Section 602.7 of this Act, | ||
whether to award to one or both of the parties the right of | ||
first refusal in accordance with Section 602.3 of this Act. | ||
(i) A parenting plan or allocation judgment, once approved | ||
or entered by the court, shall be considered final for | ||
purposes of modification under Section 610.5 or appeal, unless | ||
the underlying action is dismissed. If the underlying action |
in which the parenting plan or allocation judgment is approved | ||
or entered by the court is subsequently dismissed, the | ||
parenting plan or allocation judgment shall be void and | ||
unenforceable. | ||
(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17 .) | ||
(750 ILCS 5/607.5) | ||
Sec. 607.5. Abuse of allocated parenting time. | ||
(a) The court shall provide an expedited procedure for the | ||
enforcement of allocated parenting time. | ||
(b) An action for the enforcement of allocated parenting | ||
time may be commenced by a parent or a person appointed under | ||
Section 506 by filing a petition setting forth: (i) the | ||
petitioner's name and residence address or mailing address, | ||
except that if the petition states that disclosure of | ||
petitioner's address would risk abuse of petitioner or any | ||
member of petitioner's family or household or reveal the | ||
confidential address of a shelter for domestic violence | ||
victims, that address may be omitted from the petition; (ii) | ||
the respondent's name and place of residence, place of | ||
employment, or mailing address; (iii) the terms of the | ||
parenting plan or allocation judgment then in effect; (iv) the | ||
nature of the violation of the allocation of parenting time, | ||
giving dates and other relevant information; and (v) that a | ||
reasonable attempt was made to resolve the dispute. | ||
(c) If the court finds by a preponderance of the evidence |
that a parent has not complied with allocated parenting time | ||
according to an approved parenting plan or a court order, the | ||
court, in the child's best interests, shall issue an order | ||
that may include one or more of the following: | ||
(1) an imposition of additional terms and conditions | ||
consistent with the court's previous allocation of | ||
parenting time or other order; | ||
(2) a requirement that either or both of the parties | ||
attend a parental education program at the expense of the | ||
non-complying parent; | ||
(3) upon consideration of all relevant factors, | ||
particularly a history or possibility of domestic | ||
violence, a requirement that the parties participate in | ||
family or individual counseling, the expense of which | ||
shall be allocated by the court . Counseling ordered under | ||
this Section is subject to the Mental Health and | ||
Developmental Disabilities Confidentiality Act and the | ||
federal Health Insurance Portability and Accountability | ||
Act of 1996 ; if counseling is ordered, all counseling | ||
sessions shall be confidential, and the communications in | ||
counseling shall not be used in any manner in litigation | ||
nor relied upon by an expert appointed by the court or | ||
retained by any party; | ||
(4) a requirement that the non-complying parent post a | ||
cash bond or other security to ensure future compliance, | ||
including a provision that the bond or other security may |
be forfeited to the other parent for payment of expenses | ||
on behalf of the child as the court shall direct; | ||
(5) a requirement that makeup parenting time be | ||
provided for the aggrieved parent or child under the | ||
following conditions: | ||
(A) that the parenting time is of the same type and | ||
duration as the parenting time that was denied, | ||
including but not limited to parenting time during | ||
weekends, on holidays, and on weekdays and during | ||
times when the child is not in school; | ||
(B) that the parenting time is made up within 6 | ||
months after the noncompliance occurs, unless the | ||
period of time or holiday cannot be made up within 6 | ||
months, in which case the parenting time shall be made | ||
up within one year after the noncompliance occurs; | ||
(6) a finding that the non-complying parent is in | ||
contempt of court; | ||
(7) an imposition on the non-complying parent of an | ||
appropriate civil fine per incident of denied parenting | ||
time; | ||
(8) a requirement that the non-complying parent | ||
reimburse the other parent for all reasonable expenses | ||
incurred as a result of the violation of the parenting | ||
plan or court order; and | ||
(9) any other provision that may promote the child's | ||
best interests. |
(d) In addition to any other order entered under | ||
subsection (c), except for good cause shown, the court shall | ||
order a parent who has failed to provide allocated parenting | ||
time or to exercise allocated parenting time to pay the | ||
aggrieved party his or her reasonable attorney's fees, court | ||
costs, and expenses associated with an action brought under | ||
this Section. If the court finds that the respondent in an | ||
action brought under this Section has not violated the | ||
allocated parenting time, the court may order the petitioner | ||
to pay the respondent's reasonable attorney's fees, court | ||
costs, and expenses incurred in the action. | ||
(e) Nothing in this Section precludes a party from | ||
maintaining any other action as provided by law. | ||
(f) When the court issues an order holding a party in | ||
contempt for violation of a parenting time order and finds | ||
that the party engaged in parenting time abuse, the court may | ||
order one or more of the following: | ||
(1) Suspension of a party's Illinois driving | ||
privileges pursuant to Section 7-703 of the Illinois | ||
Vehicle Code until the court determines that the party is | ||
in compliance with the parenting time order. The court may | ||
also order that a party be issued a family financial | ||
responsibility driving permit that would allow limited | ||
driving privileges for employment, for medical purposes, | ||
and to transport a child to or from scheduled parenting | ||
time in order to comply with a parenting time order in |
accordance with subsection (a-1) of Section 7-702.1 of the | ||
Illinois Vehicle Code. | ||
(2) Placement of a party on probation with such | ||
conditions of probation as the court deems advisable. | ||
(3) Sentencing of a party to periodic imprisonment for | ||
a period not to exceed 6 months; provided, that the court | ||
may permit the party to be released for periods of time | ||
during the day or night to: | ||
(A) work; or | ||
(B) conduct a business or other self-employed | ||
occupation. | ||
(4) Find that a party in engaging in parenting time | ||
abuse is guilty of a petty offense and should be fined an | ||
amount of no more than $500 for each finding of parenting | ||
time abuse. | ||
(g) When the court issues an order holding a party in | ||
contempt of court for violation of a parenting order, the | ||
clerk shall transmit a copy of the contempt order to the | ||
sheriff of the county. The sheriff shall furnish a copy of each | ||
contempt order to the Illinois State Police on a daily basis in | ||
the form and manner required by the Department. The Department | ||
shall maintain a complete record and index of the contempt | ||
orders and make this data available to all local law | ||
enforcement agencies. | ||
(h) Nothing contained in this Section shall be construed | ||
to limit the court's contempt power. |
(Source: P.A. 102-538, eff. 8-20-21.) |