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| Public Act 094-1061 |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, | ||||
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, 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
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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
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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 child's birth, the judgment or
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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.
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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 | ||
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 | ||
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 | ||
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 | ||
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
Illinois Department of Healthcare | ||
and Family Services
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
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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
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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.
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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 | ||
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 | ||
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 | ||
endangered by
disclosure of the party's address.
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(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; revised 12-15-05.)
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