Illinois General Assembly - Full Text of Public Act 093-0139
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Public Act 093-0139


Public Act 93-0139 of the 93rd General Assembly

Public Act 93-0139

HB1382 Enrolled                      LRB093 03871 LCB 03906 b

    AN ACT concerning families.

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

    Section 5.  The Illinois Parentage Act of 1984 is amended
by changing Sections 14 and 16 and by adding Section 13.5  as

    (750 ILCS 45/13.5 new)
    Sec. 13.5. Injunctive relief.
    (a)  In any action brought under this Act for the initial
determination  of  custody  or  visitation  of a child or for
modification of a prior  custody  or  visitation  order,  the
court,  upon  application  of  any  party, may enjoin a party
having  physical  possession  or  custody  of  a  child  from
temporarily or permanently removing the child  from  Illinois
pending  the  adjudication  of  the  issues  of  custody  and
visitation.  When  deciding  whether  to  enjoin removal of a
child,  the  Court  shall  consider  the  following   factors
including, but not limited to:
         (1)  the  extent  of  previous  involvement with the
    child by the party seeking to enjoin removal;
         (2)  the   likelihood   that   parentage   will   be
    established; and
         (3)  the impact  on  the  financial,  physical,  and
    emotional   health  of  the  party  being  enjoined  from
    removing the child.
    (b)  Injunctive relief under this Act shall  be  governed
by the relevant provisions of the Code of Civil Procedure.
    (c)  Notwithstanding  the  provisions  of subsection (a),
the court may decline to enjoin a  domestic  violence  victim
having  physical  possession  or  custody  of  a  child  from
temporarily  or  permanently removing the child from Illinois
pending  the  adjudication  of  the  issues  of  custody  and
visitation. In determining whether a  person  is  a  domestic
violence  victim,  the  court  shall  consider  the following
         (1)  a sworn statement by the person that the person
    has good reason to believe that he or she is  the  victim
    of domestic violence or stalking;
         (2)  a sworn statement that the person fears for his
    or her safety or the safety of his or her children;
         (3)  evidence from police, court or other government
    agency records or files;
         (4)  documentation  from a domestic violence program
    if the person is alleged  to  be  a  victim  of  domestic
         (5)  documentation  from a legal, clerical, medical,
    or other professional from whom  the  person  has  sought
    assistance in dealing with the alleged domestic violence;
         (6)  any  other  evidence  that  supports  the sworn
    statements, such as a statement from any other individual
    with knowledge of the  circumstances  that  provides  the
    basis  for  the claim, or physical evidence of the act or
    acts of domestic violence.

    (750 ILCS 45/14) (from Ch. 40, par. 2514)
    Sec. 14.  Judgment.
    (a) (1)  The judgment shall contain or explicitly reserve
provisions concerning any duty and amount  of  child  support
and   may  contain  provisions  concerning  the  custody  and
guardianship of the child,  visitation  privileges  with  the
child,  the  furnishing  of  bond  or  other security for the
payment of the judgment, which the court shall  determine  in
accordance  with  the  relevant  factors  set  forth  in  the
Illinois  Marriage  and  Dissolution  of Marriage Act and any
other applicable law of Illinois, to guide  the  court  in  a
finding  in  the  best interests of the child. In determining
custody, joint custody, removal,  or  visitation,  the  court
shall  apply  the relevant standards of the Illinois Marriage
and Dissolution  of  Marriage  Act,  including  Section  609.
Specifically,  in determining the amount of any child support
award, the court shall use the guidelines and  standards  set
forth  in  subsection (a) of Section 505 and in Section 505.2
of the Illinois Marriage and  Dissolution  of  Marriage  Act.
For  purposes  of  Section  505  of the Illinois Marriage and
Dissolution  of   Marriage   Act,   "net   income"   of   the
non-custodial  parent shall include any benefits available to
that person under the Illinois Public Aid Code or from  other
federal,  State  or  local  government-funded  programs.  The
court shall, in any event and regardless of the amount of the
non-custodial parent's net income, in its judgment order  the
non-custodial  parent  to  pay child support to the custodial
parent in a minimum amount of not less than $10 per month. In
an action brought within 2 years after a child's  birth,  the
judgment  or  order  may  direct  either  parent  to  pay the
reasonable expenses incurred by either parent related to  the
mother's  pregnancy  and  the  delivery  of  the  child.  The
judgment  or order shall contain the father's social security
number,  which  the  father  shall  disclose  to  the  court;
however, failure to  include  the  father's  social  security
number  on  the  judgment  or  order  does not invalidate the
judgment or order.
    (2)  If a judgment  of  parentage  contains  no  explicit
award  of  custody, the establishment of a support obligation
or of visitation rights in one parent shall be  considered  a
judgment  granting  custody  to  the  other  parent.   If the
parentage judgment contains no such provisions, custody shall
be presumed to be with the mother; however,  the  presumption
shall not apply if the father has had physical custody for at
least  6  months  prior  to the date that the mother seeks to
enforce custodial rights.
    (b)  The court shall order all  child  support  payments,
determined  in  accordance  with such guidelines, to commence
with the date  summons  is  served.   The  level  of  current
periodic  support  payments  shall  not be reduced because of
payments set for the period prior to the date of entry of the
support  order.   The  Court  may  order  any  child  support
payments to be made for a period prior to the commencement of
the action. In determining whether and the  extent  to  which
the  payments  shall  be made for any prior period, the court
shall consider all relevant facts, including the factors  for
determining  the  amount of support specified in the Illinois
Marriage and Dissolution of Marriage Act and other  equitable
factors including but not limited to:
         (1)  The  father's  prior  knowledge of the fact and
    circumstances of the child's birth.
         (2)  The father's prior willingness  or  refusal  to
    help raise or support the child.
         (3)  The  extent  to  which the mother or the public
    agency bringing the action previously informed the father
    of the child's needs or attempted to seek or require  his
    help in raising or supporting the child.
         (4)  The reasons the mother or the public agency did
    not file the action earlier.
         (5)  The   extent  to  which  the  father  would  be
    prejudiced by the delay in bringing the action.
    For purposes of determining the amount of  child  support
to  be  paid  for  any  period  before the date the order for
current child support  is  entered,  there  is  a  rebuttable
presumption that the father's net income for the prior period
was  the  same  as  his  net income at the time the order for
current child support is entered.
    If (i) the non-custodial parent was properly served  with
a  request for discovery of financial information relating to
the non-custodial parent's ability to provide child  support,
(ii)  the  non-custodial  parent  failed  to  comply with the
request, despite having been ordered to do so by  the  court,
and  (iii)  the  non-custodial  parent  is not present at the
hearing to determine support despite having  received  proper
notice,  then  any  relevant financial information concerning
the non-custodial parent'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.
    (c)  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 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  judgment  shall  have  the  full  force,   effect   and
attributes of any other judgment of this State, including the
ability  to  be  enforced.  A lien arises by operation of law
against the real and personal property  of  the  noncustodial
parent  for  each  installment of overdue support owed by the
noncustodial parent.
    (d)  If the judgment or order of the court is at variance
with the child's birth certificate,  the  court  shall  order
that  a  new  birth  certificate  be  issued  under the Vital
Records Act.
    (e)  On request of the mother and the father,  the  court
shall  order  a  change  in  the  child's name. After hearing
evidence the court may stay payment  of  support  during  the
period of the father's minority or period of disability.
    (f)  If,  upon  a  showing  of proper service, the father
fails to appear in court, or otherwise appear as provided  by
law,  the  court may proceed to hear the cause upon testimony
of the mother or other parties taken in open court and  shall
enter a judgment by default.  The court may reserve any order
as  to  the  amount  of  child  support  until the father has
received notice, by regular mail, of a hearing on the matter.
    (g)  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.
    (h)  All  orders  for  support, when entered or modified,
shall include a provision requiring the non-custodial  parent
to notify the court and, in cases in which party is receiving
child  support  enforcement  services  under Article X of the
Illinois Public Aid Code, the Illinois Department  of  Public
Aid,  within  7  days, (i) of the name and address of any new
employer  of  the  non-custodial  parent,  (ii)  whether  the
non-custodial parent 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, and (iii)  of  any  new  residential  or  mailing
address  or telephone number of the non-custodial parent.  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 non-custodial  parent,  service
of  process  or provision of notice necessary in the case may
be made at the last known address of the non-custodial parent
in any  manner  expressly  provided  by  the  Code  of  Civil
Procedure  or this Act, which service shall be sufficient for
purposes of due process.
    (i)  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 majority or is
otherwise emancipated.  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.
    (j)  An order entered under this Section shall include  a
provision  requiring the obligor to report to the obligee and
to the clerk of court within 10 days each  time  the  obligor
obtains   new   employment,   and  each  time  the  obligor'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 any obligor
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 the obligor and  obligee  parents  to  advise  each
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 minor child, or
both, would be seriously  endangered  by  disclosure  of  the
party's address.
(Source: P.A. 91-767, eff. 6-9-00, 92-590, eff. 7-1-02.)

    (750 ILCS 45/16) (from Ch. 40, par. 2516)
    Sec.  16.   Modification  of  Judgment.   The  court  has
continuing  jurisdiction  to  modify  an  order  for support,
custody, or visitation, or removal  included  in  a  judgment
entered  under  this  Act.   Any  custody,  or visitation, or
removal judgment modification shall be in accordance with the
relevant factors specified  in  the  "Illinois  Marriage  and
Dissolution of Marriage Act, including Section 609", approved
September  22, 1977, as now or hereafter amended. Any support
judgment is subject to modification or  termination  only  in
accordance  with  Section  510  of  the Illinois Marriage and
Dissolution of Marriage Act.
(Source: P.A. 85-2.)

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

Effective Date: 07/10/03