Public Act 094-0923
 		





HB4383 Enrolled
LRB094 13813 LCT 48977 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 Marriage and Dissolution of 
Marriage Act is amended  by changing Section 505.2 as follows:
 



    (750 ILCS 5/505.2)  (from Ch. 40, par. 505.2)


    Sec. 505.2. Health insurance. 

    (a) Definitions.  As used in this Section:


        (1) "Obligee" means the individual to whom the duty of 
    support is owed or
the individual's legal representative.


        (2) "Obligor" means the individual who owes a duty of 
    support pursuant
to an order for support.


        (3) "Public office" means any elected official or any 
    State or local
agency which is or may become responsible by 
    law for enforcement of, or
which is or may become 
    authorized to enforce, an order for support,
including, but 
    not limited to:  the Attorney General, the Illinois

    Department of Public Aid, the Illinois Department of Human 
    Services, the
Illinois Department of Children and Family 
    Services, and the various State's
Attorneys, Clerks of the 
    Circuit Court and supervisors of general assistance.


        (4) "Child" shall have the meaning ascribed to it in 
    Section 505.

    (b) Order.


        (1) Whenever the court establishes, modifies or 
    enforces an
order for child support or for child support 
    and maintenance the court
shall include in the order a 
    provision for the health care coverage of the
child which 
    shall, upon request of the obligee or Public Office, 
    require that
any child
covered by the order be named as a 
    beneficiary of any health insurance plan
that is available 
    to the obligor through an employer or labor union or
trade 
    union.  If the court finds that such a plan is not available 
    to the
obligor, or that the plan is not accessible to the 
    obligee, the court may, upon
request of the obligee or 
    Public Office, order the obligor to name the child
covered 
    by the order as a beneficiary of any health insurance plan 
    that is
available to the obligor on a group basis, or as a 
    beneficiary of an
independent health insurance plan to be 
    obtained by the obligor, after
considering the following 
    factors:


            (A) the medical needs of the child;


            (B) the availability of a plan to meet those needs; 
        and


            (C) the cost of such a plan to the obligor.


        (2) If the employer or labor union or trade union 
    offers more than
one plan, the order shall require the 
    obligor to name the child as a
beneficiary of the plan in 
    which the obligor is enrolled.


        (3) Nothing in this Section shall be construed to limit 
    the authority of
the court to establish or modify a support 
    order to provide for payment of
expenses, including 
    deductibles, copayments and any other health expenses,

    which are in addition to expenses covered by an insurance 
    plan of which a
child is ordered to be named a beneficiary 
    pursuant to this Section.

    (c) Implementation and enforcement.


        (1) When the court order requires that
a minor child be 
    named as a beneficiary of a health insurance plan, other 
    than
a health insurance plan available through an employer 
    or labor union or trade
union, the obligor shall provide 
    written proof to the obligee or Public Office
that the 
    required insurance has been obtained, or that application 
    for
insurability has been made, within 30 days of receiving 
    notice of the court
order.  Unless the obligor was present 
    in court when the order was issued,
notice of the order 
    shall be given pursuant to Illinois Supreme Court Rules.
If 
    an obligor fails to provide the required proof, he may be 
    held in contempt
of court.


        (2) When the court requires that a child be named as a

    beneficiary of a health insurance plan available through an 
    employer or
labor union or trade union, the court's order 
    shall be implemented in
accordance with the Income 
    Withholding for Support Act.

        (2.5) The court shall order the obligor to reimburse 
    the obligee for 50% of the premium for placing the child on 
    his or her health insurance policy if:
            (i) a health insurance plan
is not available to the 
        obligor through an employer or labor union or
trade 
        union and the court does not order the obligor to cover 
        the child as a beneficiary of any health insurance plan 
        that is
available to the obligor on a group basis or as 
        a beneficiary of an
independent health insurance plan 
        to be obtained by the obligor; or
            (ii) the obligor does not obtain medical insurance 
        for the child within 90 days of the date of the court 
        order requiring the obligor to obtain insurance for the 
        child.
        The provisions of subparagraph (i) of paragraph 2.5 of 
    subsection (c) shall be applied, unless the court makes a 
    finding that to apply those provisions would be 
    inappropriate after considering all of the factors listed 
    in paragraph 2 of subsection (a) of Section 505.

        The court may order the obligor to reimburse the 
    obligee for 100% of the premium for placing the child on 
    his or her health insurance policy.

    (d) Failure to maintain insurance.  The dollar amount of the 
premiums
for court-ordered health insurance, or that portion of 
the premiums for
which the obligor is responsible in the case 
of insurance provided under a
group health insurance plan 
through an employer or labor union or trade
union where the 
employer or labor union or trade union pays a portion of the

premiums, shall be considered an additional child support 
obligation owed by
the obligor.  Whenever the obligor fails to 
provide or maintain health
insurance pursuant to an order for 
support, the obligor shall be liable to the
obligee for the 
dollar amount of the premiums which were not paid, and shall

also be liable for all medical expenses incurred by the child 
which
would
have been paid or reimbursed by the health 
insurance which the obligor was
ordered to provide or maintain. 
In addition, the obligee may petition the court
to modify the 
order based solely on the obligor's failure to pay the premiums

for court-ordered health insurance.

    (e) Authorization for payment. The signature of the obligee 
is a valid
authorization to the insurer to process a claim for 
payment under the
insurance plan to the provider of the health 
care services or to the obligee.

    (f) Disclosure of information.  The obligor's employer or 
labor union
or trade union shall disclose to the obligee or 
Public Office, upon request,
information concerning any 
dependent coverage plans which would be made
available to a new 
employee or labor union member or trade union member.  The

employer or labor union or trade union shall disclose such 
information whether
or not a court order for medical support 
has been entered.

    (g) Employer obligations.  If a parent is required by an

order for support to provide coverage for a child's health care

expenses and if that coverage is available to the parent 
through an employer
who does business in this State, the 
employer must do all of the
following upon receipt of a copy of 
the order of support or order for
withholding:


        (1) The employer shall, upon the parent's request, 
    permit the parent to
include in that coverage a
child who 
    is otherwise eligible for that coverage, without regard to 
    any
enrollment season restrictions that might otherwise be 
    applicable as
to the time period within which the child may 
    be added to that coverage.


        (2) If the parent has health care coverage through the 
    employer but fails
to apply for coverage
of the child, the 
    employer shall include the child in the parent's coverage

    upon application by the child's other parent or the 
    Illinois Department of
Public Aid.


        (3) The employer may not eliminate any child from the 
    parent's health care
coverage unless the employee is no 
    longer employed by the employer and no
longer covered under 
    the employer's group health plan or unless the employer is

    provided with satisfactory written evidence of
either of 
    the following:


            (A) The order for support is no longer in effect.


            (B) The child is or will be included in a 
        comparable health care plan
obtained by the parent 
        under such order that is currently in effect or will

        take effect no later than the date the prior coverage 
        is terminated.


        The employer may eliminate a child from a parent's 
    health care plan
obtained by the parent under such order if 
    the employer has eliminated
dependent health care coverage 
    for all of its employees.

(Source: P.A. 92-16, eff. 6-28-01; 92-876, eff. 6-1-03.)



 
    Section 10. The Illinois Parentage Act of 1984 is amended  
by changing Section 14 as follows:
 



    (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 or child health insurance coverage, 
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
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.

    (i-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 the effective date of this amendatory Act of the 93rd 
General Assembly 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 
the Illinois Marriage and Dissolution of Marriage Act.

    (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. 92-590, eff. 7-1-02; 92-876, eff. 6-1-03; 93-139, 
eff. 7-10-03; 93-1061, eff. 1-1-05.)






Effective Date:  1/1/2007