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Public Act 095-0864
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| SB2594 Enrolled |
LRB095 17419 AJO 43491 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Parentage Act of 1984 is amended by |
changing Section 14 as follows:
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(750 ILCS 45/14) (from Ch. 40, par. 2514)
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Sec. 14. Judgment.
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(a) (1) The judgment shall contain or explicitly reserve
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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
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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 |
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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
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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.
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(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 |
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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.
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(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
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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
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specified in the Illinois Marriage and Dissolution of Marriage
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Act and other equitable factors
including but not limited to:
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(1) The father's prior knowledge of the fact and |
circumstances of the
child's birth.
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(2) The father's prior willingness or refusal to help |
raise or
support the child.
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(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.
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(4) The reasons the mother or the public agency did not |
file the
action earlier.
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(5) The extent to which the father would be prejudiced |
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by the delay in
bringing the action.
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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.
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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)
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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
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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.
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(c) Any new or existing support order entered by the court |
under this
Section shall be deemed to be a series of judgments
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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 |
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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.
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(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.
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(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.
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(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.
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(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.
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(h) All orders for support, when entered or
modified, shall |
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include a provision requiring the non-custodial parent
to
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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
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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
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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
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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.
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(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 |
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of 19.
The order
for
support shall state that
the termination |
date does not apply to any arrearage that may remain unpaid on
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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.
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(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 |
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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.
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(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 |