Illinois General Assembly - Full Text of Public Act 095-0864
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Public Act 095-0864




Public Act 095-0864
SB2594 Enrolled LRB095 17419 AJO 43491 b

    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 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, as long as such an order is
consistent with the requirements of Title IV, Part D of the
Social Security Act. In an action brought within 2 years after
a judicial determination of parentage a child's birth, the
judgment or order may direct either parent to pay the
reasonable expenses incurred by either parent or the Department
of Healthcare and Family Services 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 Department of Healthcare and
Family Services, 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. 94-923, eff. 1-1-07; 94-1061, eff. 1-1-07;
95-331, eff. 8-21-07.)

Effective Date: 1/1/2009