[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB1186
LRB9104125DJcb
1 AN ACT concerning support.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Public Aid Code is amended by
5 changing Section 10-3 as follows:
6 (305 ILCS 5/10-3) (from Ch. 23, par. 10-3)
7 Sec. 10-3. Standard and Regulations for Determining
8 Ability to Support.) The Illinois Department shall establish
9 a standard by which shall be measured the ability of
10 responsible relatives to provide support, and shall implement
11 the standard by rules governing its application. The
12 standard and the rules shall take into account the buying and
13 consumption patterns of self-supporting persons of modest
14 income, present or future contingencies having direct bearing
15 on maintenance of the relative's self-support status and
16 fulfillment of his obligations to his immediate family, and
17 any unusual or exceptional circumstances including
18 estrangement or other personal or social factors, that have a
19 bearing on family relationships and the relative's ability to
20 meet his support obligations. The standard shall be
21 recomputed periodically to reflect changes in the cost of
22 living and other pertinent factors.
23 In addition to the standard, the Illinois Department may
24 establish guidelines to be used exclusively to measure the
25 ability of responsible relatives to provide support on behalf
26 of applicants for or recipients of financial aid under
27 Article IV of this Act and other persons who are given access
28 to the child and spouse support services of this Article as
29 provided in Section 10-1. In such case, the Illinois
30 Department shall base the guidelines upon the applicable
31 provisions of Sections 504, 505 and 505.2 of the Illinois
-2- LRB9104125DJcb
1 Marriage and Dissolution of Marriage Act, as amended, and
2 shall implement such guidelines by rules governing their
3 application. The Illinois Department's guidelines also shall
4 provide for cost-of-living adjustments in the amount to be
5 paid, based on Section 510.5 of the Illinois Marriage and
6 Dissolution of Marriage Act.
7 The term "administration enforcement unit", when used in
8 this Article, means local governmental units or the Child and
9 Spouse Support Unit established under Section 10-3.1 when
10 exercising the powers designated in this Article. The
11 administrative enforcement unit shall apply the standard or
12 guidelines, rules and procedures provided for by this Section
13 and Sections 10-4 through 10-8 in determining the ability of
14 responsible relatives to provide support for applicants for
15 or recipients of financial aid under this Code, except that
16 the administrative enforcement unit may apply such standard
17 or guidelines, rules and procedures at its discretion with
18 respect to those applicants for or recipients of financial
19 aid under Article IV and other persons who are given access
20 to the child and spouse support services of this Article as
21 provided by Section 10-1.
22 (Source: P.A. 86-649.)
23 Section 10. The Illinois Marriage and Dissolution of
24 Marriage Act is amended by changing Section 510 and adding
25 Section 510.5 as follows:
26 (750 ILCS 5/510) (from Ch. 40, par. 510)
27 Sec. 510. Modification and termination of provisions for
28 maintenance, support, educational expenses, and property
29 disposition.
30 (a) Except as otherwise provided in paragraph (f) of
31 Section 502, and in subsection (d), clause (3) of Section
32 505.2, and in Section 510.5, the provisions of any judgment
-3- LRB9104125DJcb
1 respecting maintenance or support may be modified only as to
2 installments accruing subsequent to due notice by the moving
3 party of the filing of the motion for modification and, with
4 respect to maintenance, only upon a showing of a substantial
5 change in circumstances. An order for child support may be
6 modified as follows:
7 (1) upon a showing of a substantial change in
8 circumstances; and
9 (2) without the necessity of showing a substantial
10 change in circumstances, as follows:
11 (A) upon a showing of an inconsistency of at
12 least 20%, but no less than $10 per month, between
13 the amount of the existing order and the amount of
14 child support that results from application of the
15 guidelines specified in Section 505 of this Act
16 unless the inconsistency is due to the fact that the
17 amount of the existing order resulted from a
18 deviation from the guideline amount and there has
19 not been a change in the circumstances that resulted
20 in that deviation; or
21 (B) Upon a showing of a need to provide for
22 the health care needs of the child under the order
23 through health insurance or other means. In no
24 event shall the eligibility for or receipt of
25 medical assistance be considered to meet the need to
26 provide for the child's health care needs.
27 The provisions of subparagraph (a)(2)(A) shall apply only
28 in cases in which a party is receiving child and spouse
29 support services from the Illinois Department of Public Aid
30 under Article X of the Illinois Public Aid Code, and only
31 when at least 36 months have elapsed since the order for
32 child support was entered or last modified.
33 (b) The provisions as to property disposition may not be
34 revoked or modified, unless the court finds the existence of
-4- LRB9104125DJcb
1 conditions that justify the reopening of a judgment under the
2 laws of this State.
3 (c) Unless otherwise agreed by the parties in a written
4 agreement set forth in the judgment or otherwise approved by
5 the court, the obligation to pay future maintenance is
6 terminated upon the death of either party, or the remarriage
7 of the party receiving maintenance, or if the party receiving
8 maintenance cohabits with another person on a resident,
9 continuing conjugal basis.
10 (d) Unless otherwise agreed in writing or expressly
11 provided in a judgment, provisions for the support of a child
12 are terminated by emancipation of the child, except as
13 otherwise provided herein, but not by the death of a parent
14 obligated to support or educate the child. An existing
15 obligation to pay for support or educational expenses, or
16 both, is not terminated by the death of a parent. When a
17 parent obligated to pay support or educational expenses, or
18 both, dies, the amount of support or educational expenses, or
19 both, may be enforced, modified, revoked or commuted to a
20 lump sum payment, as equity may require, and that
21 determination may be provided for at the time of the
22 dissolution of the marriage or thereafter.
23 (e) The right to petition for support or educational
24 expenses, or both, under Sections 505 and 513 is not
25 extinguished by the death of a parent. Upon a petition filed
26 before or after a parent's death, the court may award sums of
27 money out of the decedent's estate for the child's support or
28 educational expenses, or both, as equity may require. The
29 time within which a claim may be filed against the estate of
30 a decedent under Sections 505 and 513 and subsection (d) and
31 this subsection shall be governed by the provisions of the
32 Probate Act of 1975, as a barrable, noncontingent claim.
33 (Source: P.A. 87-714; 88-42; 88-307; 88-670, eff. 12-2-94.)
-5- LRB9104125DJcb
1 (750 ILCS 5/510.5 new)
2 Sec. 510.5. Cost-of-living adjustments in maintenance or
3 child support order.
4 (a) Definitions. In this Section, "obligor", "obligee",
5 and "public office" are defined as in the Income Withholding
6 for Support Act.
7 (b) Adjustments required. An order for maintenance or
8 child support must provide for an adjustment, at least once
9 every 2 years, in the amount to be paid based on a change in
10 the cost of living. An order that provides for a
11 cost-of-living adjustment must specify the cost-of-living
12 index to be applied and the date on which the cost-of-living
13 adjustment will become effective. The court may use the
14 consumer price index for all urban consumers, Chicago
15 (CPI-U), the consumer price index for wage earners and
16 clerical, Chicago (CPI-W), or another cost-of-living index
17 published by the Department of Labor that the court
18 specifically finds is more appropriate. Cost-of-living
19 increases under this Section shall be compounded. The court
20 may also increase the amount by more than the cost-of-living
21 adjustment by agreement of the parties or by making further
22 findings.
23 The adjustment shall become effective on the first of May
24 of the year in which it is made, for cases in which payment
25 is made to the Illinois Department of Public Aid under
26 Section 507. For cases in which payment is not made to the
27 Illinois Department of Public Aid under Section 507,
28 application for an adjustment may be made in any month, but
29 no application for an adjustment may be made sooner than 2
30 years after the date of the judgment of dissolution of
31 marriage or other judgment containing the order for
32 maintenance or support.
33 A court may waive the requirement of the cost-of-living
34 clause if it expressly finds that the obligor's occupation or
-6- LRB9104125DJcb
1 income, or occupation and income together, does not provide
2 for cost-of-living adjustment or that the order for
3 maintenance or child support has a provision such as a step
4 increase that has the effect of a cost-of-living adjustment.
5 The court may waive a cost-of-living adjustment in a
6 maintenance order if the parties so agree in writing.
7 (c) Conditions. No cost-of-living adjustment under this
8 Section may be made unless the order provides for it and
9 until the following conditions are met:
10 (1) The obligee or public office serves notice of
11 the application for adjustment by mail on the obligor at
12 the obligor's last known address at least 20 days before
13 the effective date of the adjustment.
14 (2) The notice to the obligor informs the obligor
15 of the date on which the adjustment in payments will
16 become effective.
17 (3) After receipt of notice and before the
18 effective day of the adjustment, the obligor fails to
19 request a hearing on the issue of whether the adjustment
20 should take effect and a stay of imposition of the
21 adjustment pending the outcome of the hearing.
22 (4) The Illinois Department of Public Aid sends
23 notice of its application for adjustment, if any, to the
24 obligor at the obligor's last known address at least 20
25 days before the effective date of the adjustment, and the
26 notice informs the obligor of the date on which the
27 adjustment will become effective and the procedures for
28 contesting the adjustment according to Article X of the
29 Illinois Public Aid Code.
30 (d) Result of hearing. If, at a hearing under this
31 Section, the obligor establishes an insufficient
32 cost-of-living or other increase in income that prevents
33 fulfillment of the adjusted maintenance or child support
34 obligation, the court may direct that all or part of the
-7- LRB9104125DJcb
1 adjustment not take effect. If, at the hearing, the obligor
2 does not establish this insufficient increase in income, the
3 adjustment shall take effect as of the date it would have
4 become effective had no hearing been requested.
5 (e) Form. The Department of Public Aid shall prepare
6 and make available to the court and obligors a form to be
7 submitted to the Department by the obligor in support of a
8 request for hearing under this Section regarding a child
9 support order.
10 (f) Request for cost-of-living adjustment clause. A
11 motion for enforcement or modification of an existing
12 maintenance or child support order shall include a request
13 for a cost-of-living adjustment clause. The court may deny
14 the request only upon an express finding that the obligor's
15 occupation or income, or occupation and income together, does
16 not provide for a cost-of-living adjustment or that the
17 existing maintenance or child support order either has a
18 cost-of-living adjustment clause or sets forth a step
19 increase that has the effect of a cost-of-living adjustment.
20 Section 15. The Non-Support of Spouse and Children Act
21 is amended by changing Section 3 as follows:
22 (750 ILCS 15/3) (from Ch. 40, par. 1106)
23 Sec. 3. At any time before the trial, upon motion of the
24 State's Attorney, or of the Attorney General if the action
25 has been instituted by his office, and upon notice to the
26 defendant, or at the time of arraignment or as a condition of
27 the postponement of arraignment, the court at any time may
28 enter such temporary order as may seem just, providing for
29 the support or maintenance of the spouse or child or children
30 of the defendant, or both, pendente lite.
31 The Court shall determine the amount of child support by
32 using the guidelines and standards set forth in subsection
-8- LRB9104125DJcb
1 (a) of Section 505 and in Section 505.2 of the Illinois
2 Marriage and Dissolution of Marriage Act. The court's order
3 shall provide for cost-of-living adjustments in the amount to
4 be paid, based on Section 510.5 of the Illinois Marriage and
5 Dissolution of Marriage Act.
6 An order entered under this Section shall include a
7 provision requiring the obligor to report to the obligee and
8 to the clerk of court within 10 days each time the obligor
9 obtains new employment, and each time the obligor's
10 employment is terminated for any reason. The report shall be
11 in writing and shall, in the case of new employment, include
12 the name and address of the new employer. Failure to report
13 new employment or the termination of current employment, if
14 coupled with nonpayment of support for a period in excess of
15 60 days, is indirect criminal contempt. For any obligor
16 arrested for failure to report new employment bond shall be
17 set in the amount of the child support that should have been
18 paid during the period of unreported employment. An order
19 entered under this Section shall also include a provision
20 requiring the obligor and obligee parents to advise each
21 other of a change in residence within 5 days of the change
22 except when the court finds that the physical, mental, or
23 emotional health of a party or that of a minor child, or
24 both, would be seriously endangered by disclosure of the
25 party's address.
26 The Court shall determine the amount of maintenance using
27 the standards set forth in Section 504 of the Illinois
28 Marriage and Dissolution of Marriage Act.
29 The court may for violation of any order under this
30 Section punish the offender as for a contempt of court, but
31 no pendente lite order shall remain in force for a longer
32 term than 4 months, or after the discharge of any panel of
33 jurors summoned for service thereafter in such court,
34 whichever is the sooner.
-9- LRB9104125DJcb
1 Any new or existing support order entered by the court
2 under this Section shall be deemed to be a series of
3 judgments against the person obligated to pay support
4 thereunder, each such judgment to be in the amount of each
5 payment or installment of support and each such judgment to
6 be deemed entered as of the date the corresponding payment or
7 installment becomes due under the terms of the support order.
8 Each such judgment shall have the full force, effect and
9 attributes of any other judgment of this State, including the
10 ability to be enforced. Any such judgment is subject to
11 modification or termination only in accordance with Section
12 510 of the Illinois Marriage and Dissolution of Marriage Act.
13 A lien arises by operation of law against the real and
14 personal property of the noncustodial parent for each
15 installment of overdue support owed by the noncustodial
16 parent.
17 A one-time interest charge of 20% is imposable upon the
18 amount of past-due child support owed on July 1, 1988 which
19 has accrued under a support order entered by the court. The
20 charge shall be imposed in accordance with the provisions of
21 Section 10-21 of the Illinois Public Aid Code and shall be
22 enforced by the court upon petition.
23 All orders for support, when entered or modified, shall
24 include a provision requiring the non-custodial parent to
25 notify the court and, in cases in which a party is receiving
26 child and spouse support services under Article X of the
27 Illinois Public Aid Code, the Illinois Department of Public
28 Aid, within 7 days, (i) of the name and address of any new
29 employer of the non-custodial parent, (ii) whether the
30 non-custodial parent has access to health insurance coverage
31 through the employer or other group coverage and, if so, the
32 policy name and number and the names of persons covered under
33 the policy, and (iii) of any new residential or mailing
34 address or telephone number of the non-custodial parent. In
-10- LRB9104125DJcb
1 any subsequent action to enforce a support order, upon a
2 sufficient showing that a diligent effort has been made to
3 ascertain the location of the non-custodial parent, service
4 of process or provision of notice necessary in the case may
5 be made at the last known address of the non-custodial parent
6 in any manner expressly provided by the Code of Civil
7 Procedure or this Act, which service shall be sufficient for
8 purposes of due process.
9 An order for support shall include a date on which the
10 current support obligation terminates. The termination date
11 shall be no earlier than the date on which the child covered
12 by the order will attain the age of majority or is otherwise
13 emancipated. The order for support shall state that the
14 termination date does not apply to any arrearage that may
15 remain unpaid on that date. Nothing in this paragraph shall
16 be construed to prevent the court from modifying the order.
17 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
18 90-655, eff. 7-30-98.)
19 Section 20. The Illinois Parentage Act of 1984 is
20 amended by changing Section 14 as follows:
21 (750 ILCS 45/14) (from Ch. 40, par. 2514)
22 Sec. 14. Judgment.
23 (a) (1) The judgment shall contain or explicitly reserve
24 provisions concerning any duty and amount of child support
25 and may contain provisions concerning the custody and
26 guardianship of the child, visitation privileges with the
27 child, the furnishing of bond or other security for the
28 payment of the judgment, which the court shall determine in
29 accordance with the relevant factors set forth in the
30 Illinois Marriage and Dissolution of Marriage Act and any
31 other applicable law of Illinois, to guide the court in a
32 finding in the best interests of the child. In determining
-11- LRB9104125DJcb
1 custody, joint custody, or visitation, the court shall apply
2 the relevant standards of the Illinois Marriage and
3 Dissolution of Marriage Act. Specifically, in determining the
4 amount of any child support award, the court shall use the
5 guidelines and standards set forth in subsection (a) of
6 Section 505 and in Section 505.2 of the Illinois Marriage and
7 Dissolution of Marriage Act. For purposes of Section 505 of
8 the Illinois Marriage and Dissolution of Marriage Act, "net
9 income" of the non-custodial parent shall include any
10 benefits available to that person under the Illinois Public
11 Aid Code or from other federal, State or local
12 government-funded programs. The court shall, in any event
13 and regardless of the amount of the non-custodial parent's
14 net income, in its judgment order the non-custodial parent to
15 pay child support to the custodial parent in a minimum amount
16 of not less than $10 per month. In an action brought within 2
17 years after a child's birth, the judgment or order may direct
18 either parent to pay the reasonable expenses incurred by
19 either parent related to the mother's pregnancy and the
20 delivery of the child. The judgment or order shall provide
21 for cost-of-living adjustments in the amount to be paid,
22 based on Section 510.5 of the Illinois Marriage and
23 Dissolution of Marriage Act. The judgment or order shall
24 contain the father's social security number, which the father
25 shall disclose to the court; however, failure to include the
26 father's social security number on the judgment or order does
27 not invalidate the judgment or order.
28 (2) If a judgment of parentage contains no explicit
29 award of custody, the establishment of a support obligation
30 or of visitation rights in one parent shall be considered a
31 judgment granting custody to the other parent. If the
32 parentage judgment contains no such provisions, custody shall
33 be presumed to be with the mother; however, the presumption
34 shall not apply if the father has had physical custody for at
-12- LRB9104125DJcb
1 least 6 months prior to the date that the mother seeks to
2 enforce custodial rights.
3 (b) The court shall order all child support payments,
4 determined in accordance with such guidelines, to commence
5 with the date summons is served. The level of current
6 periodic support payments shall not be reduced because of
7 payments set for the period prior to the date of entry of the
8 support order. The Court may order any child support
9 payments to be made for a period prior to the commencement of
10 the action. In determining whether and the extent to which
11 the payments shall be made for any prior period, the court
12 shall consider all relevant facts, including the factors for
13 determining the amount of support specified in the Illinois
14 Marriage and Dissolution of Marriage Act and other equitable
15 factors including but not limited to:
16 (1) The father's prior knowledge of the fact and
17 circumstances of the child's birth.
18 (2) The father's prior willingness or refusal to
19 help raise or support the child.
20 (3) The extent to which the mother or the public
21 agency bringing the action previously informed the father
22 of the child's needs or attempted to seek or require his
23 help in raising or supporting the child.
24 (4) The reasons the mother or the public agency did
25 not file the action earlier.
26 (5) The extent to which the father would be
27 prejudiced by the delay in bringing the action.
28 For purposes of determining the amount of child support
29 to be paid for any period before the date the order for
30 current child support is entered, there is a rebuttable
31 presumption that the father's net income for the prior period
32 was the same as his net income at the time the order for
33 current child support is entered.
34 (c) Any new or existing support order entered by the
-13- LRB9104125DJcb
1 court under this Section shall be deemed to be a series of
2 judgments against the person obligated to pay support
3 thereunder, each judgment to be in the amount of each payment
4 or installment of support and each such judgment to be deemed
5 entered as of the date the corresponding payment or
6 installment becomes due under the terms of the support order.
7 Each judgment shall have the full force, effect and
8 attributes of any other judgment of this State, including the
9 ability to be enforced. A lien arises by operation of law
10 against the real and personal property of the noncustodial
11 parent for each installment of overdue support owed by the
12 noncustodial parent.
13 (d) If the judgment or order of the court is at variance
14 with the child's birth certificate, the court shall order
15 that a new birth certificate be issued under the Vital
16 Records Act.
17 (e) On request of the mother and the father, the court
18 shall order a change in the child's name. After hearing
19 evidence the court may stay payment of support during the
20 period of the father's minority or period of disability.
21 (f) If, upon a showing of proper service, the father
22 fails to appear in court, or otherwise appear as provided by
23 law, the court may proceed to hear the cause upon testimony
24 of the mother or other parties taken in open court and shall
25 enter a judgment by default. The court may reserve any order
26 as to the amount of child support until the father has
27 received notice, by regular mail, of a hearing on the matter.
28 (g) A one-time charge of 20% is imposable upon the
29 amount of past-due child support owed on July 1, 1988 which
30 has accrued under a support order entered by the court. The
31 charge shall be imposed in accordance with the provisions of
32 Section 10-21 of the Illinois Public Aid Code and shall be
33 enforced by the court upon petition.
34 (h) All orders for support, when entered or modified,
-14- LRB9104125DJcb
1 shall include a provision requiring the non-custodial parent
2 to notify the court and, in cases in which party is receiving
3 child and spouse support services under Article X of the
4 Illinois Public Aid Code, the Illinois Department of Public
5 Aid, within 7 days, (i) of the name and address of any new
6 employer of the non-custodial parent, (ii) whether the
7 non-custodial parent has access to health insurance coverage
8 through the employer or other group coverage and, if so, the
9 policy name and number and the names of persons covered under
10 the policy, and (iii) of any new residential or mailing
11 address or telephone number of the non-custodial parent. In
12 any subsequent action to enforce a support order, upon a
13 sufficient showing that a diligent effort has been made to
14 ascertain the location of the non-custodial parent, service
15 of process or provision of notice necessary in the case may
16 be made at the last known address of the non-custodial parent
17 in any manner expressly provided by the Code of Civil
18 Procedure or this Act, which service shall be sufficient for
19 purposes of due process.
20 (i) An order for support shall include a date on which
21 the current support obligation terminates. The termination
22 date shall be no earlier than the date on which the child
23 covered by the order will attain the age of majority or is
24 otherwise emancipated. The order for support shall state
25 that the termination date does not apply to any arrearage
26 that may remain unpaid on that date. Nothing in this
27 subsection shall be construed to prevent the court from
28 modifying the order.
29 (j) An order entered under this Section shall include a
30 provision requiring the obligor to report to the obligee and
31 to the clerk of court within 10 days each time the obligor
32 obtains new employment, and each time the obligor's
33 employment is terminated for any reason. The report shall be
34 in writing and shall, in the case of new employment, include
-15- LRB9104125DJcb
1 the name and address of the new employer. Failure to report
2 new employment or the termination of current employment, if
3 coupled with nonpayment of support for a period in excess of
4 60 days, is indirect criminal contempt. For any obligor
5 arrested for failure to report new employment bond shall be
6 set in 0he amount of the child support that should have been
7 paid during the period of unreported employment. An order
8 entered under this Section shall also include a provision
9 requiring the obligor and obligee parents to advise each
10 other of a change in residence within 5 days of the change
11 except when the court finds that the physical, mental, or
12 emotional health of a party or that of a minor child, or
13 both, would be seriously endangered by disclosure of the
14 party's address.
15 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
16 90-655, eff. 7-30-98.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.