Public Act 90-0539 of the 90th General Assembly
Public Act 90-0539
SB368 Re-enrolled LRB9001054SMdv
AN ACT regarding child support obligations.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Aid Code is amended by
changing Sections 10-10 and 10-11 as follows:
(305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
Sec. 10-10. Court enforcement; applicability also to
persons who are not applicants or recipients. Except where
the Illinois Department, by agreement, acts for the local
governmental unit, as provided in Section 10-3.1, local
governmental units shall refer to the State's Attorney or to
the proper legal representative of the governmental unit, for
judicial enforcement as herein provided, instances of
non-support or insufficient support when the dependents are
applicants or recipients under Article VI. The Child and
Spouse Support Unit established by Section 10-3.1 may
institute in behalf of the Illinois Department any actions
under this Section for judicial enforcement of the support
liability when the dependents are (a) applicants or
recipients under Articles III, IV, V or VII (b) applicants or
recipients in a local governmental unit when the Illinois
Department, by agreement, acts for the unit; or (c)
non-applicants or non-recipients who are receiving support
enforcement services under this Article X, as provided in
Section 10-1. Where the Child and Spouse Support Unit has
exercised its option and discretion not to apply the
provisions of Sections 10-3 through 10-8, the failure by the
Unit to apply such provisions shall not be a bar to bringing
an action under this Section.
Action shall be brought in the circuit court to obtain
support, or for the recovery of aid granted during the period
such support was not provided, or both for the obtainment of
support and the recovery of the aid provided. Actions for
the recovery of aid may be taken separately or they may be
consolidated with actions to obtain support. Such actions
may be brought in the name of the person or persons requiring
support, or may be brought in the name of the Illinois
Department or the local governmental unit, as the case
requires, in behalf of such persons.
The court may enter such orders for the payment of moneys
for the support of the person as may be just and equitable
and may direct payment thereof for such period or periods of
time as the circumstances require, including support for a
period before the date the order for support is entered. The
order may be entered against any or all of the defendant
responsible relatives and may be based upon the proportionate
ability of each to contribute to the person's support.
The Court shall determine the amount of child support
(including child support for a period before the date the
order for child support is entered) by using 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 determining the amount of child
support to be paid for a period before the date the order for
child support is entered, there is a rebuttable presumption
that the responsible relative's net income for that period
was the same as his or her net income at the time the order
is entered.
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.
The Court shall determine the amount of maintenance using
the standards set forth in Section 504 of the Illinois
Marriage and Dissolution of Marriage Act.
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. Any such judgment is subject to
modification or termination only in accordance with Section
510 of the Illinois Marriage and Dissolution of Marriage Act.
When an order is entered for the support of a minor, the
court may provide therein for reasonable visitation of the
minor by the person or persons who provided support pursuant
to the order. Whoever willfully refuses to comply with such
visitation order or willfully interferes with its enforcement
may be declared in contempt of court and punished therefor.
Except where the local governmental unit has entered into
an agreement with the Illinois Department for the Child and
Spouse Support Unit to act for it, as provided in Section
10-3.1, support orders entered by the court in cases
involving applicants or recipients under Article VI shall
provide that payments thereunder be made directly to the
local governmental unit. Orders for the support of all other
applicants or recipients shall provide that payments
thereunder be made directly to the Illinois Department. In
accordance with federal law and regulations, the Illinois
Department may continue to collect current maintenance
payments or child support payments, or both, after those
persons cease to receive public assistance and until
termination of services under Article X. The Illinois
Department shall pay the net amount collected to those
persons after deducting any costs incurred in making the
collection or any collection fee from the amount of any
recovery made. In both cases the order shall permit the
local governmental unit or the Illinois Department, as the
case may be, to direct the responsible relative or relatives
to make support payments directly to the needy person, or to
some person or agency in his behalf, upon removal of the
person from the public aid rolls or upon termination of
services under Article X.
If the notice of support due issued pursuant to Section
10-7 directs that support payments be made directly to the
needy person, or to some person or agency in his behalf, and
the recipient is removed from the public aid rolls, court
action may be taken against the responsible relative
hereunder if he fails to furnish support in accordance with
the terms of such notice.
Actions may also be brought under this Section in behalf
of any person who is in need of support from responsible
relatives, as defined in Section 2-11 of Article II who is
not an applicant for or recipient of financial aid under this
Code. In such instances, the State's Attorney of the county
in which such person resides shall bring action against the
responsible relatives hereunder. If the Illinois Department,
as authorized by Section 10-1, extends the support services
provided by this Article to spouses and dependent children
who are not applicants or recipients under this Code, the
Child and Spouse Support Unit established by Section 10-3.1
shall bring action against the responsible relatives
hereunder and any support orders entered by the court in such
cases shall provide that payments thereunder be made directly
to the Illinois Department.
Whenever it is determined in a proceeding to establish or
enforce a child support or maintenance obligation that the
person owing a duty of support is unemployed, the court may
order the person to seek employment and report periodically
to the court with a diary, listing or other memorandum of his
or her efforts in accordance with such order. Additionally,
the court may order the unemployed person to report to the
Department of Employment Security for job search services or
to make application with the local Jobs Training Partnership
Act provider for participation in job search, training or
work programs and where the duty of support is owed to a
child receiving support services under this Article X, the
court may order the unemployed person to report to the
Illinois Department for participation in job search, training
or work programs established under Section 9-6 of this Code.
A determination under this Section shall not be
administratively reviewable by the procedures specified in
Sections 10-12, and 10-13 to 10-13.10. Any determination
under these Sections, if made the basis of court action under
this Section, shall not affect the de novo judicial
determination required under this Section.
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 this Code and shall be enforced by the court upon
petition.
An order for support entered or modified in a case in
which a party is receiving child and spouse support services
under this Article X shall include a provision requiring the
non-custodial parent to notify the Illinois Department,
within 7 days, of the name and address of any new employer of
the non-custodial parent, 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.
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 paragraph shall
be construed to prevent the court from modifying the order.
Upon notification in writing or by electronic
transmission from the Illinois Department to the clerk of the
court that a person who is receiving support payments under
this Section is receiving services under the Child Support
Enforcement Program established by Title IV-D of the Social
Security Act, any support payments subsequently received by
the clerk of the court shall be transmitted in accordance
with the instructions of the Illinois Department until the
Illinois Department gives notice to the clerk of the court to
cease the transmittal. After providing the notification
authorized under this paragraph, the Illinois Department
shall be entitled as a party to notice of any further
proceedings in the case. The clerk of the court shall file a
copy of the Illinois Department's notification in the court
file. The clerk's failure to file a copy of the
notification in the court file shall not, however, affect the
Illinois Department's right to receive notice of further
proceedings.
Payments under this Section to the Illinois Department
pursuant to the Child Support Enforcement Program established
by Title IV-D of the Social Security Act shall be paid into
the Child Support Enforcement Trust Fund. All other payments
under this Section to the Illinois Department shall be
deposited in the Public Assistance Recoveries Trust Fund.
Disbursements from these funds shall be as provided in
Sections 12-9 and 12-10.2 of this Code. Payments received by
a local governmental unit shall be deposited in that unit's
General Assistance Fund.
(Source: P.A. 88-307; 88-687, eff. 1-24-95.)
(305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
Sec. 10-11. Administrative Orders. In lieu of actions
for court enforcement of support under Section 10-10, the
Child and Spouse Support Unit of the Illinois Department, in
accordance with the rules of the Illinois Department, may
issue an administrative order requiring the responsible
relative to comply with the terms of the determination and
notice of support due, determined and issued under Sections
10-6 and 10-7. The Unit may also enter an administrative
order under subsection (b) of Section 10-7. The
administrative order shall be served upon the responsible
relative by United States registered or certified mail.
If a responsible relative fails to petition the Illinois
Department for release from or modification of the
administrative order, as provided in Section 10-12, the order
shall become final and there shall be no further
administrative or judicial remedy. Likewise a decision by
the Illinois Department as a result of an administrative
hearing, as provided in Sections 10-13 to 10-13.10, shall
become final and enforceable if not judicially reviewed under
the Administrative Review Law, as provided in Section 10-14.
Any new or existing support order entered by the Illinois
Department 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. Any such judgment is subject to
modification or termination only in accordance with Section
510 of the Illinois Marriage and Dissolution of Marriage Act.
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.
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 Illinois
Department under this Section. The charge shall be imposed
in accordance with the provisions of Section 10-21 and shall
be enforced by the court in a suit filed under Section 10-15.
(Source: P.A. 85-1156.)
Section 10. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 505 as follows:
(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, a
proceeding for child support following dissolution of the
marriage by a court which 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 to pay an amount
reasonable and necessary for his support, without regard to
marital misconduct. The duty of support owed to a minor
child includes the obligation to provide for the reasonable
and necessary physical, mental and emotional health needs of
the child.
(1) The Court shall determine the minimum amount of
support by using the following guidelines:
Number of Children Percent of Supporting Party's
Net Income
1 20%
2 25%
3 32%
4 40%
5 45%
6 or more 50%
(2) The above guidelines shall be applied in each
case unless the court makes a finding that application of
the guidelines would be inappropriate, after considering
the best interests of the child in light of evidence
including but not limited to one or more of the following
relevant factors:
(a) the financial resources and needs of the
child;
(b) the financial resources and needs of the
custodial parent;
(c) the standard of living the child would
have enjoyed had the marriage not been dissolved;
(d) the physical and emotional condition of
the child, and his educational needs; and
(e) the financial resources and needs of the
non-custodial parent.
If the court deviates from the guidelines, the
court's finding shall state the amount of support that
would have been required under the guidelines, if
determinable. The court shall include the reason or
reasons for the variance from the guidelines.
(3) "Net income" is defined as the total of all
income from all sources, minus the following deductions:
(a) Federal income tax (properly calculated
withholding or estimated payments);
(b) State income tax (properly calculated
withholding or estimated payments);
(c) Social Security (FICA payments);
(d) Mandatory retirement contributions
required by law or as a condition of employment;
(e) Union dues;
(f) Dependent and individual
health/hospitalization insurance premiums;
(g) Prior obligations of support or
maintenance actually paid pursuant to a court order;
(h) Expenditures for repayment of debts that
represent reasonable and necessary expenses for the
production of income, medical expenditures necessary
to preserve life or health, reasonable expenditures
for the benefit of the child and the other parent,
exclusive of gifts. The court shall reduce net
income in determining the minimum amount of support
to be ordered only for the period that such payments
are due and shall enter an order containing
provisions for its self-executing modification upon
termination of such payment period.
(4) In cases where the court order provides for
health/hospitalization insurance coverage pursuant to
Section 505.2 of this Act, the premiums for that
insurance, or that portion of the premiums for which the
supporting party is responsible in the case of insurance
provided through an employer's health insurance plan
where the employer pays a portion of the premiums, shall
be subtracted from net income in determining the minimum
amount of support to be ordered.
(4.5) In a proceeding for child support following
dissolution of the marriage 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
supporting party'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.
(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 custody or to the guardian having custody of
the minor children of the sentenced parent for the support of
said minor children until further order of the Court.
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. 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.
(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.
(e) When child support is to be paid through the clerk
of the court in a county of 1,000,000 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 (3) of subsection (u) of
Section 27.1 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) An order for support entered or modified in a case
in which a party is receiving child and spouse support
services under Article X of the Illinois Public Aid Code
shall include a provision requiring the obligor to notify the
Illinois Department of Public Aid, 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 (iii) if
so, the policy name and number and the names of persons
covered under the policy.
(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 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.
(h) 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. 88-307; 88-687, eff. 1-24-95; 89-88, eff.
6-30-95; 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.)
Section 15. The Non-Support of Spouse and Children Act
is amended by changing Sections 3 and 4 as follows:
(750 ILCS 15/3) (from Ch. 40, par. 1106)
Sec. 3. At any time before the trial, upon motion of the
State's Attorney, or of the Attorney General if the action
has been instituted by his office, and upon notice to the
defendant, or at the time of arraignment or as a condition of
the postponement of arraignment, the court at any time may
enter such temporary order as may seem just, providing for
the support or maintenance of the spouse or child or children
of the defendant, or both, pendente lite.
The Court shall determine the amount of child support by
using 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.
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.
The Court shall determine the amount of maintenance using
the standards set forth in Section 504 of the Illinois
Marriage and Dissolution of Marriage Act.
The court may for violation of any order under this
Section punish the offender as for a contempt of court, but
no pendente lite order shall remain in force for a longer
term than 4 months, or after the discharge of any panel of
jurors summoned for service thereafter in such court,
whichever is the sooner.
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. Any such judgment is subject to
modification or termination only in accordance with Section
510 of the Illinois Marriage and Dissolution of Marriage Act.
A one-time interest 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.
An order for support entered or modified in a case in
which a party is receiving child and spouse support services
under Article X of the Illinois Public Aid Code shall include
a provision requiring the non-custodial parent to notify the
Illinois Department of Public Aid, within 7 days, of the name
and address of any new employer of the non-custodial parent,
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.
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 paragraph shall
be construed to prevent the court from modifying the order.
(Source: P.A. 88-307.)
(750 ILCS 15/4) (from Ch. 40, par. 1107)
Sec. 4. Whenever a fine is imposed it may be directed by
the court to be paid, in whole or in part, to the spouse, or
if the support of a minor child or children is involved, to
the clerk, probation officer, the Court Service Division of
the County Department of Public Aid in counties of 3 million
or more population or to the Illinois Department of Public
Aid or a local governmental unit if a recipient of public aid
is involved, in accordance with Section 2.1, as the case
requires, to be disbursed by such officers, agency or
governmental unit under the terms of the order. However,
before the trial with the consent of the defendant, or at the
trial on entry of a plea of guilty, or after conviction,
instead of imposing the penalty provided in this Act, or in
addition thereto, the court in its discretion, having regard
to the circumstances and the financial ability or earning
capacity of the defendant, may make an order, subject to
change by the court from time to time as circumstances may
require, directing the defendant to pay a certain sum
periodically for a term not exceeding 3 years to the spouse
or, if the support of a minor child or children is involved,
to the clerk, probation officer, the Court Service Division
of the County Department of Public Aid in counties of 3
million or more population or to the Illinois Department of
Public Aid or a local governmental unit if a recipient of
public aid is involved in accordance with Section 2.1, as the
case requires, to be disbursed by such officers, agency or
governmental unit under the terms of the order.
The Court shall determine the amount of child support by
using the standards set forth in subsection (a) of Section
505 and in Section 505.2 of the Illinois Marriage and
Dissolution of Marriage Act.
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.
The Court shall determine the amount of maintenance using
the standards set forth in Section 504 of the Illinois
Marriage and Dissolution of Marriage Act.
The court may also relieve the defendant from custody on
probation for the period fixed in the order or judgment upon
his or her entering into a recognizance, with or without
surety, in such sum as the court orders and approves. The
condition of the recognizance shall be such that if the
defendant makes his or her personal appearance in court
whenever ordered to do so by the court, during such period as
may be so fixed, and further complies with the terms of the
order of support, or of any subsequent modification thereof,
then the recognizance shall be void; otherwise in full force
and effect.
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. Any such judgment is subject to
modification or termination only in accordance with Section
510 of the Illinois Marriage and Dissolution of Marriage Act.
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.
An order for support entered or modified in a case in
which a party is receiving child and spouse support services
under Article X of the Illinois Public Aid Code shall include
a provision requiring the non-custodial parent to notify the
Illinois Department of Public Aid, within 7 days, of the name
and address of any new employer of the non-custodial parent,
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.
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 paragraph shall
be construed to prevent the court from modifying the order.
(Source: P.A. 88-307.)
Section 20. The Revised Uniform Reciprocal Enforcement
of Support Act is amended by changing Section 24 as follows:
(750 ILCS 20/24) (from Ch. 40, par. 1224)
Sec. 24. Order of Support. If the responding court finds
a duty of support it may order the obligor to furnish support
or reimbursement therefor and subject the property of the
obligor to the order.
Any new or existing support order entered by a court or
administrative body of this or any other State 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:
(1) have the full force, effect, and attributes of
any other judgment of such State, including the ability
to be enforced;
(2) be entitled as a judgment to full faith and
credit in this and any other State; and
(3) not be subject to retroactive modification by
this or any other State; except that modification is
permitted with respect to any period during which there
is pending a petition for modification, but only from the
date that notice of such petition has been given in
accordance with law.
Where the terms of a support order entered by a court or
administrative body of this or any other State are subject to
modification, or where action is not based upon such order,
the Illinois court shall determine the amount of maintenance
or child support by using the guidelines and standards set
forth in Section 504, or in subsection (a) of Section 505 and
in Section 505.2 of the Illinois Marriage and Dissolution of
Marriage Act, respectively.
When no prior support order exists, but the court finds a
duty of support and enters an order for current support, the
court may enter an order for payment of support for a period
before the date the order for current support is entered.
Support for the prior period shall be determined by using the
guidelines and standards set forth in Section 504, or in
subsection (a) of Section 505, and in Section 505.2 of the
Illinois Marriage and Dissolution of Marriage Act. For
purposes of determining the amount of support to be paid for
the prior period, there is a rebuttable presumption that the
obligor's net income for that period was the same as his or
her net income at the time the order for current support is
entered.
Support orders made pursuant to this Act shall require
that payments be made to the clerk of the court of the
responding state. The court and prosecuting attorney of any
county in which the obligor is present or has property have
the same powers and duties to enforce the order as have those
of the county in which it was first issued. If enforcement is
impossible or cannot be completed in the county in which the
order was issued, the prosecuting attorney shall send a
certified copy of the order to the prosecuting attorney of
any county in which it appears that proceedings to enforce
the order would be effective. The prosecuting attorney to
whom the certified copy of the order is forwarded shall
proceed with enforcement and report the results of the
proceedings to the court first issuing the order.
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.
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.
A court or administrative body of this State may modify a
support order of another state only if that other state no
longer has continuing, exclusive jurisdiction of the
proceeding in which the support order was entered. The order
must be registered under Section 609 of the Uniform
Interstate Family Support Act and may be modified only if
permitted under Section 611 of the Uniform Interstate Family
Support Act.
An order for support entered or modified in a case in
which a party is receiving child and spouse support services
under Article X of the Illinois Public Aid Code shall include
a provision requiring the non-custodial parent to notify the
Illinois Department of Public Aid, within 7 days, of the name
and address of any new employer of the non-custodial parent,
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.
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 paragraph shall
be construed to prevent the court from modifying the order.
(Source: P.A. 88-307; 88-550 (eff. date changed from 1-1-95
to 1-1-96 on 1-24-95 by P.A. 88-691); 88-687, eff. 1-24-95.)
Section 25. 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, or visitation, the court shall apply
the relevant standards of the Illinois Marriage and
Dissolution of Marriage Act. 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.
(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.
(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.
(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 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) An order for support entered or modified in a case
in which a party is receiving child and spouse support
services under Article X of the Illinois Public Aid Code
shall include a provision requiring the non-custodial parent
to notify the Illinois Department of Public Aid, within 7
days, of the name and address of any new employer of the
non-custodial parent, 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.
(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. 88-307; 88-538; 88-687, eff. 1-24-95.)