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91_HB0421
LRB9101149SMdvA
1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Section 505.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Section 505 as follows:
7 (750 ILCS 5/505) (from Ch. 40, par. 505)
8 Sec. 505. Child support; contempt; penalties.
9 (a) In a proceeding for dissolution of marriage, legal
10 separation, declaration of invalidity of marriage, a
11 proceeding for child support following dissolution of the
12 marriage by a court which lacked personal jurisdiction over
13 the absent spouse, a proceeding for modification of a
14 previous order for child support under Section 510 of this
15 Act, or any proceeding authorized under Section 501 or 601 of
16 this Act, the court may order either or both parents owing a
17 duty of support to a child of the marriage to pay an amount
18 reasonable and necessary for his support, without regard to
19 marital misconduct. The duty of support owed to a minor
20 child includes the obligation to provide for the reasonable
21 and necessary physical, mental and emotional health needs of
22 the child.
23 (1) The Court shall determine the minimum amount of
24 support by using the following guidelines:
25 Number of Children Percent of Supporting Party's
26 Net Income
27 1 20%
28 2 25%
29 3 32%
30 4 40%
31 5 45%
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1 6 or more 50%
2 (2) The above guidelines shall be applied in each
3 case unless the court makes a finding that application of
4 the guidelines would be inappropriate, after considering
5 the best interests of the child in light of evidence
6 including but not limited to one or more of the following
7 relevant factors:
8 (a) the financial resources and needs of the
9 child;
10 (b) the financial resources and needs of the
11 custodial parent;
12 (c) the standard of living the child would
13 have enjoyed had the marriage not been dissolved;
14 (d) the physical and emotional condition of
15 the child, and his educational needs; and
16 (e) the financial resources and needs of the
17 non-custodial parent.
18 If the court deviates from the guidelines, the
19 court's finding shall state the amount of support that
20 would have been required under the guidelines, if
21 determinable. The court shall include the reason or
22 reasons for the variance from the guidelines.
23 (3) "Net income" is defined as the total of all
24 income from all sources, minus the following deductions:
25 (a) Federal income tax (properly calculated
26 withholding or estimated payments);
27 (b) State income tax (properly calculated
28 withholding or estimated payments);
29 (c) Social Security (FICA payments);
30 (d) Mandatory retirement contributions
31 required by law or as a condition of employment;
32 (e) Union dues;
33 (f) Dependent and individual
34 health/hospitalization insurance premiums;
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1 (g) Prior obligations of support or
2 maintenance actually paid pursuant to a court order;
3 (h) Expenditures for repayment of debts that
4 represent reasonable and necessary expenses for the
5 production of income, medical expenditures necessary
6 to preserve life or health, reasonable expenditures
7 for the benefit of the child and the other parent,
8 exclusive of gifts. The court shall reduce net
9 income in determining the minimum amount of support
10 to be ordered only for the period that such payments
11 are due and shall enter an order containing
12 provisions for its self-executing modification upon
13 termination of such payment period.
14 (4) In cases where the court order provides for
15 health/hospitalization insurance coverage pursuant to
16 Section 505.2 of this Act, the premiums for that
17 insurance, or that portion of the premiums for which the
18 supporting party is responsible in the case of insurance
19 provided through an employer's health insurance plan
20 where the employer pays a portion of the premiums, shall
21 be subtracted from net income in determining the minimum
22 amount of support to be ordered.
23 (4.5) In a proceeding for child support following
24 dissolution of the marriage by a court that lacked
25 personal jurisdiction over the absent spouse, and in
26 which the court is requiring payment of support for the
27 period before the date an order for current support is
28 entered, there is a rebuttable presumption that the
29 supporting party's net income for the prior period was
30 the same as his or her net income at the time the order
31 for current support is entered.
32 (5) If the net income cannot be determined because
33 of default or any other reason, the court shall order
34 support in an amount considered reasonable in the
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1 particular case. The final order, to the extent
2 possible, in all cases shall state the support level in
3 dollar amounts. The court may also enter any other
4 appropriate order to properly apply the percentage
5 support guidelines so that the proper support amount is
6 collected on a timely basis.
7 (b) Failure of either parent to comply with an order to
8 pay support shall be punishable as in other cases of
9 contempt. In addition to other penalties provided by law the
10 Court may, after finding the parent guilty of contempt, order
11 that the parent be:
12 (1) placed on probation with such conditions of
13 probation as the Court deems advisable;
14 (2) sentenced to periodic imprisonment for a period
15 not to exceed 6 months; provided, however, that the Court
16 may permit the parent to be released for periods of time
17 during the day or night to:
18 (A) work; or
19 (B) conduct a business or other self-employed
20 occupation.
21 The Court may further order any part or all of the
22 earnings of a parent during a sentence of periodic
23 imprisonment paid to the Clerk of the Circuit Court or to the
24 parent having custody or to the guardian having custody of
25 the minor children of the sentenced parent for the support of
26 said minor children until further order of the Court.
27 If there is a unity of interest and ownership sufficient
28 to render no financial separation between a non-custodial
29 parent and another person or persons or business entity, the
30 court may pierce the ownership veil of the person, persons,
31 or business entity to discover assets of the non-custodial
32 parent held in the name of that person, those persons, or
33 that business entity. The following circumstances are
34 sufficient to authorize a court to order discovery of the
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1 assets of a person, persons, or business entity and to compel
2 the application of any discovered assets toward payment on
3 the judgment for support:
4 (1) the non-custodial parent and the person,
5 persons, or business entity maintain records together.
6 (2) the non-custodial parent and the person,
7 persons, or business entity fail to maintain an arms
8 length relationship between themselves with regard to any
9 assets.
10 (3) the non-custodial parent transfers assets to
11 the person, persons, or business entity with the intent
12 to perpetrate a fraud on the custodial parent.
13 With respect to assets which are real property, no order
14 entered under this paragraph shall affect the rights of bona
15 fide purchasers, mortgagees, judgment creditors, or other
16 lien holders who acquire their interests in the property
17 prior to the time a notice of lis pendens pursuant to the
18 Code of Civil Procedure or a copy of the order is placed of
19 record in the office of the recorder of deeds for the county
20 in which the real property is located.
21 The court may also order in cases where the parent is 90
22 days or more delinquent in payment of support or has been
23 adjudicated in arrears in an amount equal to 90 days
24 obligation or more, that the parent's Illinois driving
25 privileges be suspended until the court determines that the
26 parent is in compliance with the order of support. The court
27 may also order that the parent be issued a family financial
28 responsibility driving permit that would allow limited
29 driving privileges for employment and medical purposes in
30 accordance with Section 7-702.1 of the Illinois Vehicle Code.
31 The clerk of the circuit court shall certify the order
32 suspending the driving privileges of the parent or granting
33 the issuance of a family financial responsibility driving
34 permit to the Secretary of State on forms prescribed by the
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1 Secretary. Upon receipt of the authenticated documents, the
2 Secretary of State shall suspend the parent's driving
3 privileges until further order of the court and shall, if
4 ordered by the court, subject to the provisions of Section
5 7-702.1 of the Illinois Vehicle Code, issue a family
6 financial responsibility driving permit to the parent.
7 In addition to the penalties or punishment that may be
8 imposed under this Section, any person whose conduct
9 constitutes a violation of Section 1 of the Non-Support of
10 Spouse and Children Act may be prosecuted under that Section,
11 and a person convicted under that Section may be sentenced in
12 accordance with that Section. The sentence may include but
13 need not be limited to a requirement that the person perform
14 community service under subsection (b) of that Section or
15 participate in a work alternative program under subsection
16 (c) of that Section. A person may not be required to
17 participate in a work alternative program under subsection
18 (c) of that Section if the person is currently participating
19 in a work program pursuant to Section 505.1 of this Act.
20 (c) A one-time charge of 20% is imposable upon the
21 amount of past-due child support owed on July 1, 1988 which
22 has accrued under a support order entered by the court. The
23 charge shall be imposed in accordance with the provisions of
24 Section 10-21 of the Illinois Public Aid Code and shall be
25 enforced by the court upon petition.
26 (d) Any new or existing support order entered by the
27 court under this Section shall be deemed to be a series of
28 judgments against the person obligated to pay support
29 thereunder, each such judgment to be in the amount of each
30 payment or installment of support and each such judgment to
31 be deemed entered as of the date the corresponding payment or
32 installment becomes due under the terms of the support order.
33 Each such judgment shall have the full force, effect and
34 attributes of any other judgment of this State, including the
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1 ability to be enforced. A lien arises by operation of law
2 against the real and personal property of the noncustodial
3 parent for each installment of overdue support owed by the
4 noncustodial parent.
5 (e) When child support is to be paid through the clerk
6 of the court in a county of 1,000,000 inhabitants or less,
7 the order shall direct the obligor to pay to the clerk, in
8 addition to the child support payments, all fees imposed by
9 the county board under paragraph (3) of subsection (u) of
10 Section 27.1 of the Clerks of Courts Act. Unless paid in
11 cash or pursuant to an order for withholding, the payment of
12 the fee shall be by a separate instrument from the support
13 payment and shall be made to the order of the Clerk.
14 (f) All orders for support, when entered or modified,
15 shall include a provision requiring the obligor to notify the
16 court and, in cases in which a party is receiving child and
17 spouse services under Article X of the Illinois Public Aid
18 Code, the Illinois Department of Public Aid, within 7 days,
19 (i) of the name and address of any new employer of the
20 obligor, (ii) whether the obligor has access to health
21 insurance coverage through the employer or other group
22 coverage and, if so, the policy name and number and the names
23 of persons covered under the policy, and (iii) of any new
24 residential or mailing address or telephone number of the
25 non-custodial parent. In any subsequent action to enforce a
26 support order, upon a sufficient showing that a diligent
27 effort has been made to ascertain the location of the
28 non-custodial parent, service of process or provision of
29 notice necessary in the case may be made at the last known
30 address of the non-custodial parent in any manner expressly
31 provided by the Code of Civil Procedure or this Act, which
32 service shall be sufficient for purposes of due process.
33 (g) An order for support shall include a date on which
34 the current support obligation terminates. The termination
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1 date shall be no earlier than the date on which the child
2 covered by the order will attain the age of majority or is
3 otherwise emancipated. The order for support shall state that
4 the termination date does not apply to any arrearage that may
5 remain unpaid on that date. Nothing in this subsection shall
6 be construed to prevent the court from modifying the order.
7 (h) An order entered under this Section shall include a
8 provision requiring the obligor to report to the obligee and
9 to the clerk of court within 10 days each time the obligor
10 obtains new employment, and each time the obligor's
11 employment is terminated for any reason. The report shall be
12 in writing and shall, in the case of new employment, include
13 the name and address of the new employer. Failure to report
14 new employment or the termination of current employment, if
15 coupled with nonpayment of support for a period in excess of
16 60 days, is indirect criminal contempt. For any obligor
17 arrested for failure to report new employment bond shall be
18 set in the amount of the child support that should have been
19 paid during the period of unreported employment. An order
20 entered under this Section shall also include a provision
21 requiring the obligor and obligee parents to advise each
22 other of a change in residence within 5 days of the change
23 except when the court finds that the physical, mental, or
24 emotional health of a party or that of a minor child, or
25 both, would be seriously endangered by disclosure of the
26 party's address.
27 (Source: P.A. 89-88, eff. 6-30-95; 89-92, eff. 7-1-96;
28 89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
29 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-733, eff.
30 8-11-98.)