750 ILCS 16/ Non-Support Punishment Act.

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FAMILIES
(750 ILCS 16/) Non-Support Punishment Act.

750 ILCS 16/1

(750 ILCS 16/1)

Sec. 1.

Short title.

This Act may be cited as the Non-Support Punishment Act.

(Source: P.A. 91-613, eff. 10-1-99.)

750 ILCS 16/5

(750 ILCS 16/5)

Sec. 5.

Prosecutions by State's Attorneys.

A proceeding for enforcement
of this Act may be instituted and prosecuted by the several State's Attorneys
only upon the filing of a verified complaint by the person or persons receiving
child or
spousal support.

(Source: P.A. 91-613, eff. 10-1-99.)

750 ILCS 16/7

(750 ILCS 16/7)

Sec. 7. Prosecutions by Attorney General.

In addition to enforcement
proceedings by the several State's Attorneys, a proceeding for the enforcement
of this Act may be instituted and prosecuted by the Attorney General  in cases
referred by the Department of Healthcare and Family Services involving persons receiving
child support enforcement services under Article X of the
Illinois Public Aid
Code.  Before referring a case to the Attorney General for enforcement under
this Act, the Department of Healthcare and Family Services shall notify the person receiving child
support enforcement services under Article X of the Illinois
Public Aid Code of
the Department's intent to refer the case to the Attorney General under this
Section for prosecution.

(Source: P.A. 95-331, eff. 8-21-07.)

750 ILCS 16/10

(750 ILCS 16/10)

Sec. 10.

Proceedings.

Proceedings under this Act may be by indictment or
information. No proceeding may be brought under Section 15 against a person
whose court or administrative order for support was entered by default, unless
the indictment or information specifically alleges that the person has
knowledge of the existence of the order for support and that the person has the
ability to pay the support.

(Source: P.A. 91-613, eff. 10-1-99.)

750 ILCS 16/15

(750 ILCS 16/15)

Sec. 15.

Failure to support.

(a) A person commits the offense of failure to support when he or she:

(1) willfully, without any lawful excuse, refuses to

provide for the support or maintenance of his or her spouse, with the knowledge that the spouse is in need of such support or maintenance, or, without lawful excuse, deserts or willfully refuses to provide for the support or maintenance of his or her child or children in need of support or maintenance and the person has the ability to provide the support; or

(2) willfully fails to pay a support obligation

required under a court or administrative order for support, if the obligation has remained unpaid for a period longer than 6 months, or is in arrears in an amount greater than $5,000, and the person has the ability to provide the support; or

(3) leaves the State with the intent to evade a

support obligation required under a court or administrative order for support, if the obligation, regardless of when it accrued, has remained unpaid for a period longer than 6 months, or is in arrears in an amount greater than $10,000; or

(4) willfully fails to pay a support obligation

required under a court or administrative order for support, if the obligation has remained unpaid for a period longer than one year, or is in arrears in an amount greater than $20,000, and the person has the ability to provide the support.

(a-5) Presumption of ability to pay support.  The existence of a court or
administrative order of support that was not based on a default judgment and
was in effect for the time period charged in the indictment or information
creates a rebuttable presumption that the obligor has the ability to pay the
support obligation for that time period.

(b) Sentence.  A person convicted of
a first offense under subdivision (a)(1) or (a)(2) is guilty of
a Class A misdemeanor.  A person convicted of
an offense under subdivision (a)(3) or (a)(4) or a second or
subsequent offense under subdivision (a)(1) or (a)(2) is guilty of a
Class 4 felony.

(c) Expungement.  A person convicted of a first offense under
subdivision (a)(1) or (a)(2) who is eligible for the Earnfare program, shall,
in lieu of the sentence prescribed in subsection (b), be referred to the
Earnfare program.  Upon certification of completion of the Earnfare program,
the conviction shall be expunged.  If the person fails to successfully complete
the Earnfare program, he or she shall be sentenced in accordance with
subsection (b).

(d) Fine.  Sentences of imprisonment and fines for offenses committed
under this Act shall be as provided under Articles 8 and 9 of Chapter V of the
Unified Code of Corrections, except that the court
shall order restitution of all unpaid support payments and
may impose the following fines, alone, or in addition to a sentence of
imprisonment under the following circumstances:

(1) from $1,000 to $5,000 if the support obligation

has remained unpaid for a period longer than 2 years, or is in arrears in an amount greater than $1,000 and not exceeding $10,000;

(2) from $5,000 to $10,000 if the support obligation

has remained unpaid for a period longer than 5 years, or is in arrears in an amount greater than $10,000 and not exceeding $20,000; or

(3) from $10,000 to $25,000 if the support obligation

has remained unpaid for a period longer than 8 years, or is in arrears in an amount greater than $20,000.

(e) Restitution shall be ordered in an amount equal to the total unpaid
support
obligation as it existed at the time of sentencing.  Any amounts paid by the
obligor shall be allocated first to current support and then to restitution
ordered and then to fines imposed under this Section.

(f) For purposes of this Act, the term "child" shall have the meaning
ascribed to it
in Section 505 of the Illinois Marriage and Dissolution of Marriage Act.

(Source: P.A. 91-613, eff. 10-1-99; 92-876, eff. 6-1-03.)

750 ILCS 16/20

(750 ILCS 16/20)

Sec. 20. Entry of order for support; income withholding.

(a) In a case in which no court or administrative order for support is in
effect against the defendant:

(1) 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 postponement of arraignment, the court may enter such temporary order for support as may seem just, providing for the support or maintenance of the spouse or child or children of the defendant, or both, pendente lite; or

(2) before 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 may enter an order for support, subject to modification by the court from time to time as circumstances may require, directing the defendant to pay a certain sum for maintenance of the spouse, or for support of the child or children, or both.

(b) 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.

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 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) 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.

(d) 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
effect longer than 4 months, or after the discharge of any panel of jurors
summoned for service thereafter in such court, whichever is sooner.

(d-5)    If a person who is found guilty of contempt for failure to comply with an order to pay support is a person who conducts a business or who is self-employed, the court may order in addition to other penalties provided by law that the person do one or more of the following: (i) provide to the court monthly financial statements showing income and expenses from the business or the self-employment; (ii)  seek employment and report periodically to the court with a diary, listing, or other memorandum of his or her employment search efforts; or (iii) report to the Department of Employment Security for job search services to find employment that will be subject to withholding of child support.

(e) Any order for support entered by the court under this Section shall be
deemed to be a series of judgments against the person obligated to pay support
under the judgments, each such judgment to be in the amount of each payment or
installment of support and each 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.
Each judgment is subject to modification or termination only in accordance with
Section 510 of the Illinois Marriage and Dissolution of Marriage Act.  Notwithstanding any other State or local law to the contrary, 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.

(f) An order for support entered under this Section shall include a
provision requiring the obligor to report to the obligee and to the clerk of
the 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 for support 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 of a minor child,
or both, would be seriously endangered by disclosure of the party's address.

(g) An order for support entered or modified in a case in which a party is
receiving child support enforcement services under Article X of the Illinois
Public Aid Code shall include a provision requiring the noncustodial parent to
notify the Department of Healthcare and Family Services, within 7 days, of the name and
address of any new employer of the noncustodial parent, whether the
noncustodial 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.

(h) In any subsequent action to enforce an order for support entered under
this Act, upon sufficient showing that diligent effort has been made to
ascertain the location of the noncustodial parent, service of process or
provision of notice necessary in that action may be made at the last known
address of the noncustodial parent, in any manner expressly provided by the
Code of Civil Procedure or in 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) A support obligation, or any portion of a support obligation, which
becomes due and remains unpaid as of the end of each month, excluding the child support that was due for that month to the extent that it was not paid in that month, shall accrue simple interest
as set forth in Section 12-109 of the Code of Civil Procedure.
An order for support entered or modified on or after January 1, 2006 shall
contain a statement that a support obligation required under the order, or any
portion of a support obligation required under the order, that becomes due and
remains unpaid as of the end of each month, excluding the child support that was due for that month to the extent that it was not paid in that month, shall accrue simple interest as set forth in Section 12-109 of the Code of Civil Procedure.  Failure to include the statement in the order for support does
not affect the validity of the order or the accrual of interest as provided in
this Section.

(Source: P.A. 97-186, eff. 7-22-11; 97-1029, eff. 1-1-13.)

750 ILCS 16/22

(750 ILCS 16/22)

Sec. 22.

Withholding of income to secure payment of support.

An order for support entered or modified under this Act is subject
to the
Income Withholding for Support Act.

(Source: P.A. 91-613, eff. 10-1-99.)

750 ILCS 16/23

(750 ILCS 16/23)

Sec. 23. Interest on support obligations.

A support obligation, or any
portion of a support obligation, which becomes due and remains unpaid as of the end of each month, excluding the child support that was due for that month to the extent that it was not paid in that month,
						
						shall accrue interest as set forth in Section 12-109 of the Code of Civil Procedure.

(Source: P.A. 94-90, eff. 1-1-06.)

750 ILCS 16/25

(750 ILCS 16/25)

Sec. 25.

Payment of support to State Disbursement Unit; clerk of the
court.

(a) As used in this Section, "order for support", "obligor", "obligee", and
"payor" mean those terms as defined in the Income Withholding for Support Act.

(b) Each order for support entered or modified under Section 20 of this Act
shall require that support payments be made to the State Disbursement Unit
established under the Illinois Public Aid Code, under the following
circumstances:

(1) when a party to the order is receiving child

support enforcement services under Article X of the Illinois Public Aid Code; or

(2) when no party to the order is receiving child

support enforcement services, but the support payments are made through income withholding.

(c) When no party to the order is receiving child support
enforcement services, and
payments are not being made through income withholding, the court shall order
the
obligor to make support payments to the clerk of the court.

(d) At any time, and notwithstanding the existence of an order
directing payments
to be made elsewhere, the Department of Healthcare and Family Services may provide notice to the
obligor and, where applicable, to the obligor's payor:

(1) to make support payments to the State

Disbursement Unit if:

(A) a party to the order for support is receiving

child support enforcement services under Article X of the Illinois Public Aid Code; or

(B) no party to the order for support is

receiving child support enforcement services under Article X of the Illinois Public Aid Code, but the support payments are made through income withholding; or

(2) to make support payments to the State

Disbursement Unit of another state upon request of another state's Title IV-D child support enforcement agency, in accordance with the requirements of Title IV, Part D of the Social Security Act and regulations promulgated under that Part D.

The Department of Healthcare and Family Services
						
						shall provide a copy of the notice to the
obligee
and to the clerk of the circuit court.

(e) If a State Disbursement Unit as specified by federal law has not been
created in Illinois upon the effective date of this Act, then, until the
creation of a State Disbursement Unit as specified by federal law, the
following provisions regarding payment and disbursement of support payments
shall control and the provisions in subsections (a), (b), (c), and (d) shall be
inoperative.  Upon the creation of a State Disbursement Unit as specified by
federal law, the payment and disbursement provisions of subsections (a),
(b), (c), and (d) shall control, and this subsection (e) shall be inoperative
to the extent that it conflicts with those subsections.

(1) In cases in which an order for support is entered

under Section 20 of this Act, the court shall order that maintenance and support payments be made to the clerk of the court for remittance to the person or agency entitled to receive the payments.  However, the court in its discretion may direct otherwise where exceptional circumstances so warrant.

(2) The court shall direct that support payments be

sent by the clerk to (i) the Department of Healthcare and Family Services if the person in whose behalf payments are made is receiving aid under Articles III, IV, or V of the Illinois Public Aid Code, or child support enforcement services under Article X of the Code, or (ii) to the local governmental unit responsible for the support of the person if he or she is a recipient under Article VI of the Code.  In accordance with federal law and regulations, the Department of Healthcare and Family Services 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 of the Illinois Public Aid Code.  The  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.  The order shall permit the Department of Healthcare and Family Services or the local governmental unit, as the case may be, to direct that support payments be made directly to the spouse, children, or both, or to some person or agency in their behalf, upon removal of the spouse or children from the public aid rolls or upon termination of services under Article X of the Illinois Public Aid Code; and upon such direction, the Department or the local governmental unit, as the case requires, shall give notice of such action to the court in writing or by electronic transmission.

(3) The clerk of the court shall establish and

maintain current records of all moneys received and disbursed and of delinquencies and defaults in required payments.  The court, by order or rule, shall make provision for the carrying out of these duties.

(4) (Blank).

(5) Payments under this Section to the Department of

Healthcare and Family Services  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  Department of Healthcare and Family Services  shall be deposited in the Public Assistance Recoveries Trust Fund. Disbursements from these funds shall be as provided in the Illinois Public Aid Code.  Payments received by a local governmental unit shall be deposited in that unit's General Assistance Fund.

(6) For those cases in which child support is payable

to the clerk of the circuit court for transmittal to the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) by order of court or upon notification by the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid), the clerk shall transmit all such payments, within 4 working days of receipt, to insure that funds are available for immediate distribution by the Department to the person or entity entitled thereto in accordance with standards of the Child Support Enforcement Program established under Title IV-D of the Social Security Act.  The clerk shall notify the Department of the date of receipt and amount thereof at the time of transmittal.  Where the clerk has entered into an agreement of cooperation with the Department to record the terms of child support orders and payments made thereunder directly into the Department's automated data processing system, the clerk shall account for, transmit and otherwise distribute child support payments in accordance with such agreement in lieu of the requirements contained herein.

(Source: P.A. 94-88, eff. 1-1-06; 95-331, eff. 8-21-07.)

750 ILCS 16/30

(750 ILCS 16/30)

Sec. 30. Information to State Case Registry.

(a) In this Section:

"Order for support", "obligor", "obligee", and "business day" are defined as
set forth in the
Income Withholding for Support Act.

"State Case Registry" means the State Case Registry established under Section
10-27 of the Illinois Public Aid Code.

(b) Each order for support entered or modified by the circuit court under
this Act shall require that the obligor and obligee (i) file with the clerk of
the
circuit court the information required by this Section (and any other
information required under Title IV, Part D of the Social Security Act or by
the
federal Department of Health and Human Services) at the time of
entry or modification of the order for support and (ii) file updated
information with the clerk within 5 business days of any change.
Failure of the obligor or obligee to file or update the required information
shall be
punishable as in cases of contempt.  The failure shall not prevent the court
from entering
or modifying the order for support, however.

(c) The obligor shall file the following information: the obligor's name,
date of birth, social security number, and mailing address.

If either the obligor or the obligee receives child support enforcement
services from the Department
of Healthcare and Family Services
						
under Article X of the Illinois Public Aid Code, the obligor
shall also file the following information: the obligor's telephone number,
driver's license number, and residential address (if different from the
obligor's mailing address), and the name, address, and telephone number of the
obligor's employer or employers.

(d) The obligee shall file the following information:

(1) The names of the obligee and the child or

children covered by the order for support.

(2) The dates of birth of the obligee and the child

or children covered by the order for support.

(3) The social security numbers of the obligee and

the child or children covered by the order for support.

(4) The obligee's mailing address.

(e) In cases in which the obligee receives child support enforcement
services from the Department
of Healthcare and Family Services
						
under Article X of the Illinois Public
Aid Code, the order for support shall (i) require that the obligee file the
information required under subsection (d) with the Department of Healthcare and Family Services for inclusion in the State Case Registry, rather
than file the information with the clerk, and (ii) require that the obligee
include the following additional information:

(1) The obligee's telephone and driver's license

numbers.

(2) The obligee's residential address, if different

from the obligee's mailing address.

(3) The name, address, and telephone number of the

obligee's employer or employers.

The order for support shall also require that the obligee update
the information filed with the Department of Healthcare and Family Services within 5
business days of any change.

(f) The clerk shall provide the information filed under this Section,
together with the court docket number and county in which the order for support
was entered, to the State Case Registry within 5 business days after receipt of
the information.

(g) In a case in which a party is receiving child support enforcement
services under Article X of the Illinois Public Aid Code, the clerk shall
provide the following additional information to the State Case Registry within
5 business days after entry or modification of an order for support or request
from the Department of Healthcare and Family Services:

(1) The amount of monthly or other periodic support

owed under the order for support and other amounts, including arrearage, interest, or late payment penalties and fees, due or overdue under the order.

(2) Any such amounts that have been received by the

clerk, and the distribution of those amounts by the clerk.

(h) Information filed by the obligor and obligee under this Section that is
not specifically required to be included in the body of an order for support
under other laws is not a public record and shall be treated as
confidential and subject to disclosure only in accordance with the provisions
of this Section, Section 10-27 of the Illinois Public Aid Code, and Title IV,
Part D of the Social Security Act.

(Source: P.A. 95-331, eff. 8-21-07.)

750 ILCS 16/33

(750 ILCS 16/33)

Sec. 33.

Information to locate putative fathers and noncustodial parents.

(a) Upon request by a public office, employers, labor unions, and telephone
companies
shall provide location information concerning putative fathers and noncustodial
parents for the
purpose of establishing a child's paternity or establishing, enforcing, or
modifying a child support
obligation. The term "public office" is defined as set forth in the Income
Withholding for
Support Act. In this Section, "location information" means information about
(i) the physical
whereabouts of a putative father or noncustodial parent, (ii) the employer of
the putative father or
noncustodial parent, or (iii) the salary, wages, and other compensation paid
and the health
insurance coverage provided to the putative father or noncustodial parent by
the employer of the
putative father or noncustodial parent or by a labor union of which the
putative father or
noncustodial parent is a member.
An employer, labor union, or telephone company shall respond to the request of
the
public office within 15 days after receiving the request. Any employer, labor
union, or telephone
company that willfully fails to fully respond within the 15-day period shall be
subject to a penalty
of $100 for each day that the response is not provided to the public office
after the 15-day period
has expired. The penalty may be collected in a civil action, which may be
brought against the
employer, labor union, or telephone company in favor of the public office.

(b) Upon being served with a subpoena (including an administrative subpoena
as
authorized by law), a utility company or cable television company must provide
location
information to a public office for the purpose of establishing a child's
paternity or establishing,
enforcing, or modifying a child support obligation.

(c) Notwithstanding the provisions of any other State or local law to the
contrary, an
employer, labor union, telephone company, utility company, or cable television
company shall
not be liable to any person for disclosure of location information under the
requirements of this
Section, except for willful and wanton misconduct.

(Source: P.A. 93-116, eff. 7-10-03.)

750 ILCS 16/35

(750 ILCS 16/35)

Sec. 35.

Fine; release of defendant on probation; violation of order for
support;
forfeiture of recognizance.

(a) Whenever a fine is imposed it may be directed by the court to be paid,
in
whole or in part, to the spouse, ex-spouse, or if the support of a child or
children is
involved, to the custodial parent, to the clerk, probation officer, or to the

Department of Healthcare and Family Services if a recipient of child support
enforcement services
under Article X of the Illinois Public Aid Code is involved as the case
requires, to be
disbursed by such
officers or agency under the terms of the order.

(b) 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 the 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 for support, or any subsequent
modification
of the order, then the recognizance shall be void; otherwise it will remain in
full force and
effect.

(c) If the court is satisfied by testimony in open court, that at any time
during the
period of one year the defendant has violated the terms of the order for
support, it may
proceed with the trial of the defendant under the original charge, or sentence
him or her under the original conviction, or enforce the suspended sentence, as
the case
may be.  In case of forfeiture of recognizance, and enforcement of recognizance
by
execution, the sum so recovered may, in the discretion of the court, be paid,
in whole or
in part, to the spouse, ex-spouse, or if the support of a child or children is
involved, to the
custodial parent, to the clerk, or to the Department of Healthcare and Family Services if
a recipient of
child support enforcement services under Article X of the
Illinois Public Aid Code is
involved as the case requires, to be disbursed by the clerk or the Department
under the
terms of the order.

(Source: P.A. 95-331, eff. 8-21-07.)

750 ILCS 16/40

(750 ILCS 16/40)

Sec. 40.

Evidence.

No other or greater evidence shall be required to
prove the
marriage of a husband and wife, or that the defendant is the father or mother
of the child
or children than is or shall be required to prove that fact in a civil action.

(Source: P.A. 91-613, eff. 10-1-99.)

750 ILCS 16/45

(750 ILCS 16/45)

Sec. 45.

Husband or wife as competent witness.

In no prosecution under
this
Act shall any existing statute or rule of law prohibiting the disclosure of
confidential
communications between husband and wife apply.  And both husband and wife shall
be
competent witnesses to testify to any and all relevant matters, including the
fact of such
marriage and of the parentage of such child or children, provided that neither
shall be
compelled to give evidence incriminating himself or herself.

(Source: P.A. 91-613, eff. 10-1-99.)

750 ILCS 16/50

(750 ILCS 16/50)

Sec. 50. Community service; work alternative program.

(a) In addition to any other penalties imposed against an offender under
this Act, the court may order the offender to perform community service for
not less than 30 and not more than 120 hours per month, if community service is
available in the jurisdiction and is funded and approved by the county board
of the county where the offense was committed.  In addition, whenever any
person is placed on supervision for committing an offense under this Act, the
supervision shall be conditioned on the performance of the community service.

(b) In addition to any other penalties imposed against an offender under
this Act, the court may sentence the offender to service in a work alternative
program administered by the sheriff.  The conditions of the program are that
the offender obtain or retain employment and participate in a work alternative
program administered by the sheriff during non-working hours.  A person may not
be required to participate in a work alternative program under this subsection
if the person is currently participating in a work program pursuant to another
provision of this Act, Section 10-11.1 of the Illinois Public Aid Code, Section
505.1 of the Illinois Marriage and Dissolution of Marriage Act, or Section
806 of the Illinois Parentage Act of 2015.

(c) In addition to any other penalties imposed against an offender under
this Act, the court may order, in cases where the offender has been in
violation of this Act for 90 days or more, that the offender's Illinois
driving privileges be suspended until the court determines that the offender
is in compliance with this Act.

The court may determine that the offender is in compliance with this Act
if the offender has agreed (i) to pay all required amounts of support and
maintenance as determined by the court or (ii) to the garnishment of his or
her income for the purpose of paying those
amounts.

The court may also order that the offender 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 offender 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 offender'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 offender.

(d) If the court determines that the offender has been in violation of this
Act for more than 60 days, the court may determine whether the offender has
applied for or been issued a professional license by the Department of
Professional Regulation or another licensing agency.  If the court determines
that the offender has applied for or been issued such a license, the court may
certify to the Department of Professional Regulation or other licensing agency
that the offender has been in violation of this Act for more than 60 days so
that the Department or other agency may take appropriate steps with respect
to the license or application as provided in Section 10-65 of the Illinois
Administrative Procedure Act and Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.  The court may take the actions required under this subsection in
addition to imposing any other penalty authorized under this Act.

(Source: P.A. 99-85, eff. 1-1-16.)

750 ILCS 16/55

(750 ILCS 16/55)

Sec. 55.

Offenses; how construed.

It is hereby expressly declared that
the
offenses set forth in this Act shall be construed to be continuing offenses.

(Source: P.A. 91-613, eff. 10-1-99.)

750 ILCS 16/60

(750 ILCS 16/60)

Sec. 60. Unemployed persons owing duty of support.

(a) 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 Job
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
child support enforcement services under Article X of the Illinois
Public Aid Code the court may
order the unemployed person to report to the Department of Healthcare and Family Services
						
for participation in job search, training, or work programs established under
Section 9-6 and Article IXA of that Code.

(b) Whenever it is determined that a person owes past due support for a
child or for a child and the parent with whom the child is living, and the
child is receiving assistance under the Illinois Public Aid Code, the court
shall order at the request of the Department of Healthcare and Family Services:

(1) that the person pay the past-due support in

accordance with a plan approved by the court; or

(2) if the person owing past-due support is

unemployed, is subject to such a plan, and is not incapacitated, that the person participate in such job search, training, or work programs established under Section 9-6 and Article IXA of the Illinois Public Aid Code as the court deems appropriate.

(Source: P.A. 95-331, eff. 8-21-07.)

750 ILCS 16/65

(750 ILCS 16/65)

Sec. 65.

Order of protection; status.

Whenever relief sought under this
Act is based on allegations of domestic violence, as defined in the Illinois
Domestic Violence Act of 1986, the court, before granting relief, shall
determine whether any order of protection has previously been entered in the
instant proceeding or any other proceeding in which any party, or a child of
any party, or both, if relevant, has been designated as either a respondent or
a protected person.

(Source: P.A. 91-613, eff. 10-1-99.)

750 ILCS 16/70

(750 ILCS 16/70)

Sec. 70.

Severability.

If any provision of this Act or its application
to any person or circumstance is held invalid, the invalidity of that provision
or application does not affect other provisions or applications of this Act
that can be given effect without the invalid provision or application.

(Source: P.A. 91-613, eff. 10-1-99.)

750 ILCS 16/905

(750 ILCS 16/905)

Sec. 905.