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91_HB1414
LRB9104123DJcd
1 AN ACT concerning child support, amending named Acts.
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 10-10 as follows:
6 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
7 Sec. 10-10. Court enforcement; applicability also to
8 persons who are not applicants or recipients. Except where
9 the Illinois Department, by agreement, acts for the local
10 governmental unit, as provided in Section 10-3.1, local
11 governmental units shall refer to the State's Attorney or to
12 the proper legal representative of the governmental unit, for
13 judicial enforcement as herein provided, instances of
14 non-support or insufficient support when the dependents are
15 applicants or recipients under Article VI. The Child and
16 Spouse Support Unit established by Section 10-3.1 may
17 institute in behalf of the Illinois Department any actions
18 under this Section for judicial enforcement of the support
19 liability when the dependents are (a) applicants or
20 recipients under Articles III, IV, V or VII (b) applicants or
21 recipients in a local governmental unit when the Illinois
22 Department, by agreement, acts for the unit; or (c)
23 non-applicants or non-recipients who are receiving support
24 enforcement services under this Article X, as provided in
25 Section 10-1. Where the Child and Spouse Support Unit has
26 exercised its option and discretion not to apply the
27 provisions of Sections 10-3 through 10-8, the failure by the
28 Unit to apply such provisions shall not be a bar to bringing
29 an action under this Section.
30 Action shall be brought in the circuit court to obtain
31 support, or for the recovery of aid granted during the period
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1 such support was not provided, or both for the obtainment of
2 support and the recovery of the aid provided. Actions for
3 the recovery of aid may be taken separately or they may be
4 consolidated with actions to obtain support. Such actions
5 may be brought in the name of the person or persons requiring
6 support, or may be brought in the name of the Illinois
7 Department or the local governmental unit, as the case
8 requires, in behalf of such persons.
9 The court may enter such orders for the payment of moneys
10 for the support of the person as may be just and equitable
11 and may direct payment thereof for such period or periods of
12 time as the circumstances require, including support for a
13 period before the date the order for support is entered. The
14 order may be entered against any or all of the defendant
15 responsible relatives and may be based upon the proportionate
16 ability of each to contribute to the person's support.
17 The Court shall determine the amount of child support
18 (including child support for a period before the date the
19 order for child support is entered) by using the guidelines
20 and standards set forth in subsection (a) of Section 505 and
21 in Section 505.2 of the Illinois Marriage and Dissolution of
22 Marriage Act. For purposes of determining the amount of child
23 support to be paid for a period before the date the order for
24 child support is entered, there is a rebuttable presumption
25 that the responsible relative's net income for that period
26 was the same as his or her net income at the time the order
27 is entered.
28 If (i) the responsible relative was properly served with
29 a request for discovery of financial information relating to
30 the responsible relative's ability to provide child support,
31 (ii) the responsible relative failed to comply with the
32 request, despite having been ordered to do so by the court,
33 and (iii) the responsible relative is not present at the
34 hearing to determine support despite having received proper
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1 notice, then any relevant financial information concerning
2 the responsible relative's ability to provide child support
3 that was obtained pursuant to subpoena and proper notice
4 shall be admitted into evidence without the need to establish
5 any further foundation for its admission.
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 Any new or existing support order entered by the court
30 under this Section shall be deemed to be a series of
31 judgments against the person obligated to pay support
32 thereunder, each such judgment to be in the amount of each
33 payment or installment of support and each such judgment to
34 be deemed entered as of the date the corresponding payment or
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1 installment becomes due under the terms of the support order.
2 Each such judgment shall have the full force, effect and
3 attributes of any other judgment of this State, including the
4 ability to be enforced. Any such judgment is subject to
5 modification or termination only in accordance with Section
6 510 of the Illinois Marriage and Dissolution of Marriage Act.
7 A lien arises by operation of law against the real and
8 personal property of the noncustodial parent for each
9 installment of overdue support owed by the noncustodial
10 parent.
11 When an order is entered for the support of a minor, the
12 court may provide therein for reasonable visitation of the
13 minor by the person or persons who provided support pursuant
14 to the order. Whoever willfully refuses to comply with such
15 visitation order or willfully interferes with its enforcement
16 may be declared in contempt of court and punished therefor.
17 Except where the local governmental unit has entered into
18 an agreement with the Illinois Department for the Child and
19 Spouse Support Unit to act for it, as provided in Section
20 10-3.1, support orders entered by the court in cases
21 involving applicants or recipients under Article VI shall
22 provide that payments thereunder be made directly to the
23 local governmental unit. Orders for the support of all other
24 applicants or recipients shall provide that payments
25 thereunder be made directly to the Illinois Department. In
26 accordance with federal law and regulations, the Illinois
27 Department may continue to collect current maintenance
28 payments or child support payments, or both, after those
29 persons cease to receive public assistance and until
30 termination of services under Article X. The Illinois
31 Department shall pay the net amount collected to those
32 persons after deducting any costs incurred in making the
33 collection or any collection fee from the amount of any
34 recovery made. In both cases the order shall permit the
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1 local governmental unit or the Illinois Department, as the
2 case may be, to direct the responsible relative or relatives
3 to make support payments directly to the needy person, or to
4 some person or agency in his behalf, upon removal of the
5 person from the public aid rolls or upon termination of
6 services under Article X.
7 If the notice of support due issued pursuant to Section
8 10-7 directs that support payments be made directly to the
9 needy person, or to some person or agency in his behalf, and
10 the recipient is removed from the public aid rolls, court
11 action may be taken against the responsible relative
12 hereunder if he fails to furnish support in accordance with
13 the terms of such notice.
14 Actions may also be brought under this Section in behalf
15 of any person who is in need of support from responsible
16 relatives, as defined in Section 2-11 of Article II who is
17 not an applicant for or recipient of financial aid under this
18 Code. In such instances, the State's Attorney of the county
19 in which such person resides shall bring action against the
20 responsible relatives hereunder. If the Illinois Department,
21 as authorized by Section 10-1, extends the support services
22 provided by this Article to spouses and dependent children
23 who are not applicants or recipients under this Code, the
24 Child and Spouse Support Unit established by Section 10-3.1
25 shall bring action against the responsible relatives
26 hereunder and any support orders entered by the court in such
27 cases shall provide that payments thereunder be made directly
28 to the Illinois Department.
29 Whenever it is determined in a proceeding to establish or
30 enforce a child support or maintenance obligation that the
31 person owing a duty of support is unemployed, the court may
32 order the person to seek employment and report periodically
33 to the court with a diary, listing or other memorandum of his
34 or her efforts in accordance with such order. Additionally,
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1 the court may order the unemployed person to report to the
2 Department of Employment Security for job search services or
3 to make application with the local Jobs Training Partnership
4 Act provider for participation in job search, training or
5 work programs and where the duty of support is owed to a
6 child receiving support services under this Article X, the
7 court may order the unemployed person to report to the
8 Illinois Department for participation in job search, training
9 or work programs established under Section 9-6 and Article
10 IXA of this Code.
11 Whenever it is determined that a person owes past-due
12 support for a child receiving assistance under this Code, the
13 court shall order at the request of the Illinois Department:
14 (1) that the person pay the past-due support in
15 accordance with a plan approved by the court; or
16 (2) if the person owing past-due support is
17 unemployed, is subject to such a plan, and is not
18 incapacitated, that the person participate in such job
19 search, training, or work programs established under
20 Section 9-6 and Article IXA of this Code as the court
21 deems appropriate.
22 A determination under this Section shall not be
23 administratively reviewable by the procedures specified in
24 Sections 10-12, and 10-13 to 10-13.10. Any determination
25 under these Sections, if made the basis of court action under
26 this Section, shall not affect the de novo judicial
27 determination required under this Section.
28 A one-time charge of 20% is imposable upon the amount of
29 past-due child support owed on July 1, 1988 which has accrued
30 under a support order entered by the court. The charge shall
31 be imposed in accordance with the provisions of Section 10-21
32 of this Code and shall be enforced by the court upon
33 petition.
34 All orders for support, when entered or modified, shall
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1 include a provision requiring the non-custodial parent to
2 notify the court and, in cases in which a party is receiving
3 child and spouse support services under this Article X, the
4 Illinois Department, within 7 days, (i) of the name, address,
5 and telephone number of any new employer of the non-custodial
6 parent, (ii) whether the non-custodial parent has access to
7 health insurance coverage through the employer or other group
8 coverage and, if so, the policy name and number and the names
9 of persons covered under the policy, and (iii) of any new
10 residential or mailing address or telephone number of the
11 non-custodial parent. In any subsequent action to enforce a
12 support order, upon a sufficient showing that a diligent
13 effort has been made to ascertain the location of the
14 non-custodial parent, service of process or provision of
15 notice necessary in the case may be made at the last known
16 address of the non-custodial parent in any manner expressly
17 provided by the Code of Civil Procedure or this Code, which
18 service shall be sufficient for purposes of due process.
19 in accordance with the Income Withholding for Support Act
20 An order for support shall include a date on which the
21 current support obligation terminates. The termination date
22 shall be no earlier than the date on which the child covered
23 by the order will attain the age of majority or is otherwise
24 emancipated. The order for support shall state that the
25 termination date does not apply to any arrearage that may
26 remain unpaid on that date. Nothing in this paragraph shall
27 be construed to prevent the court from modifying the order.
28 Upon notification in writing or by electronic
29 transmission from the Illinois Department to the clerk of the
30 court that a person who is receiving support payments under
31 this Section is receiving services under the Child Support
32 Enforcement Program established by Title IV-D of the Social
33 Security Act, any support payments subsequently received by
34 the clerk of the court shall be transmitted in accordance
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1 with the instructions of the Illinois Department until the
2 Illinois Department gives notice to the clerk of the court to
3 cease the transmittal. After providing the notification
4 authorized under this paragraph, the Illinois Department
5 shall be entitled as a party to notice of any further
6 proceedings in the case. The clerk of the court shall file a
7 copy of the Illinois Department's notification in the court
8 file. The clerk's failure to file a copy of the
9 notification in the court file shall not, however, affect the
10 Illinois Department's right to receive notice of further
11 proceedings.
12 Payments under this Section to the Illinois Department
13 pursuant to the Child Support Enforcement Program established
14 by Title IV-D of the Social Security Act shall be paid into
15 the Child Support Enforcement Trust Fund. All other payments
16 under this Section to the Illinois Department shall be
17 deposited in the Public Assistance Recoveries Trust Fund.
18 Disbursements from these funds shall be as provided in
19 Sections 12-9 and 12-10.2 of this Code. Payments received by
20 a local governmental unit shall be deposited in that unit's
21 General Assistance Fund.
22 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
23 90-655, eff. 7-30-98; 90-673, eff. 1-1-99; 90-790, eff.
24 8-14-98; revised 9-14-98.)
25 Section 10. The Illinois Marriage and Dissolution of
26 Marriage Act is amended by changing Section 505 as follows:
27 (750 ILCS 5/505) (from Ch. 40, par. 505)
28 Sec. 505. Child support; contempt; penalties.
29 (a) In a proceeding for dissolution of marriage, legal
30 separation, declaration of invalidity of marriage, a
31 proceeding for child support following dissolution of the
32 marriage by a court which lacked personal jurisdiction over
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1 the absent spouse, a proceeding for modification of a
2 previous order for child support under Section 510 of this
3 Act, or any proceeding authorized under Section 501 or 601 of
4 this Act, the court may order either or both parents owing a
5 duty of support to a child of the marriage to pay an amount
6 reasonable and necessary for his support, without regard to
7 marital misconduct. The duty of support owed to a minor
8 child includes the obligation to provide for the reasonable
9 and necessary physical, mental and emotional health needs of
10 the child.
11 (1) The Court shall determine the minimum amount of
12 support by using the following guidelines:
13 Number of Children Percent of Supporting Party's
14 Net Income
15 1 20%
16 2 25%
17 3 32%
18 4 40%
19 5 45%
20 6 or more 50%
21 (2) The above guidelines shall be applied in each
22 case unless the court makes a finding that application of
23 the guidelines would be inappropriate, after considering
24 the best interests of the child in light of evidence
25 including but not limited to one or more of the following
26 relevant factors:
27 (a) the financial resources and needs of the
28 child;
29 (b) the financial resources and needs of the
30 custodial parent;
31 (c) the standard of living the child would
32 have enjoyed had the marriage not been dissolved;
33 (d) the physical and emotional condition of
34 the child, and his educational needs; and
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1 (e) the financial resources and needs of the
2 non-custodial parent.
3 If the court deviates from the guidelines, the
4 court's finding shall state the amount of support that
5 would have been required under the guidelines, if
6 determinable. The court shall include the reason or
7 reasons for the variance from the guidelines.
8 (3) "Net income" is defined as the total of all
9 income from all sources, minus the following deductions:
10 (a) Federal income tax (properly calculated
11 withholding or estimated payments);
12 (b) State income tax (properly calculated
13 withholding or estimated payments);
14 (c) Social Security (FICA payments);
15 (d) Mandatory retirement contributions
16 required by law or as a condition of employment;
17 (e) Union dues;
18 (f) Dependent and individual
19 health/hospitalization insurance premiums;
20 (g) Prior obligations of support or
21 maintenance actually paid pursuant to a court order;
22 (h) Expenditures for repayment of debts that
23 represent reasonable and necessary expenses for the
24 production of income, medical expenditures necessary
25 to preserve life or health, reasonable expenditures
26 for the benefit of the child and the other parent,
27 exclusive of gifts. The court shall reduce net
28 income in determining the minimum amount of support
29 to be ordered only for the period that such payments
30 are due and shall enter an order containing
31 provisions for its self-executing modification upon
32 termination of such payment period.
33 (4) In cases where the court order provides for
34 health/hospitalization insurance coverage pursuant to
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1 Section 505.2 of this Act, the premiums for that
2 insurance, or that portion of the premiums for which the
3 supporting party is responsible in the case of insurance
4 provided through an employer's health insurance plan
5 where the employer pays a portion of the premiums, shall
6 be subtracted from net income in determining the minimum
7 amount of support to be ordered.
8 (4.5) In a proceeding for child support following
9 dissolution of the marriage by a court that lacked
10 personal jurisdiction over the absent spouse, and in
11 which the court is requiring payment of support for the
12 period before the date an order for current support is
13 entered, there is a rebuttable presumption that the
14 supporting party's net income for the prior period was
15 the same as his or her net income at the time the order
16 for current support is entered.
17 (5) If the net income cannot be determined because
18 of default or any other reason, the court shall order
19 support in an amount considered reasonable in the
20 particular case. The final order in all cases shall
21 state the support level in dollar amounts.
22 (6) If (i) the non-custodial parent was properly
23 served with a request for discovery of financial
24 information relating to the non-custodial parent's
25 ability to provide child support, (ii) the non-custodial
26 parent failed to comply with the request, despite having
27 been ordered to do so by the court, and (iii) the
28 non-custodial parent is not present at the hearing to
29 determine support despite having received proper notice,
30 then any relevant financial information concerning the
31 non-custodial parent's ability to provide child support
32 that was obtained pursuant to subpoena and proper notice
33 shall be admitted into evidence without the need to
34 establish any further foundation for its admission.
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1 (b) Failure of either parent to comply with an order to
2 pay support shall be punishable as in other cases of
3 contempt. In addition to other penalties provided by law the
4 Court may, after finding the parent guilty of contempt, order
5 that the parent be:
6 (1) placed on probation with such conditions of
7 probation as the Court deems advisable;
8 (2) sentenced to periodic imprisonment for a period
9 not to exceed 6 months; provided, however, that the Court
10 may permit the parent to be released for periods of time
11 during the day or night to:
12 (A) work; or
13 (B) conduct a business or other self-employed
14 occupation.
15 The Court may further order any part or all of the
16 earnings of a parent during a sentence of periodic
17 imprisonment paid to the Clerk of the Circuit Court or to the
18 parent having custody or to the guardian having custody of
19 the minor children of the sentenced parent for the support of
20 said minor children until further order of the Court.
21 If there is a unity of interest and ownership sufficient
22 to render no financial separation between a non-custodial
23 parent and another person or persons or business entity, the
24 court may pierce the ownership veil of the person, persons,
25 or business entity to discover assets of the non-custodial
26 parent held in the name of that person, those persons, or
27 that business entity. The following circumstances are
28 sufficient to authorize a court to order discovery of the
29 assets of a person, persons, or business entity and to compel
30 the application of any discovered assets toward payment on
31 the judgment for support:
32 (1) the non-custodial parent and the person,
33 persons, or business entity maintain records together.
34 (2) the non-custodial parent and the person,
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1 persons, or business entity fail to maintain an arms
2 length relationship between themselves with regard to any
3 assets.
4 (3) the non-custodial parent transfers assets to
5 the person, persons, or business entity with the intent
6 to perpetrate a fraud on the custodial parent.
7 With respect to assets which are real property, no order
8 entered under this paragraph shall affect the rights of bona
9 fide purchasers, mortgagees, judgment creditors, or other
10 lien holders who acquire their interests in the property
11 prior to the time a notice of lis pendens pursuant to the
12 Code of Civil Procedure or a copy of the order is placed of
13 record in the office of the recorder of deeds for the county
14 in which the real property is located.
15 The court may also order in cases where the parent is 90
16 days or more delinquent in payment of support or has been
17 adjudicated in arrears in an amount equal to 90 days
18 obligation or more, that the parent's Illinois driving
19 privileges be suspended until the court determines that the
20 parent is in compliance with the order of support. The court
21 may also order that the parent be issued a family financial
22 responsibility driving permit that would allow limited
23 driving privileges for employment and medical purposes in
24 accordance with Section 7-702.1 of the Illinois Vehicle Code.
25 The clerk of the circuit court shall certify the order
26 suspending the driving privileges of the parent or granting
27 the issuance of a family financial responsibility driving
28 permit to the Secretary of State on forms prescribed by the
29 Secretary. Upon receipt of the authenticated documents, the
30 Secretary of State shall suspend the parent's driving
31 privileges until further order of the court and shall, if
32 ordered by the court, subject to the provisions of Section
33 7-702.1 of the Illinois Vehicle Code, issue a family
34 financial responsibility driving permit to the parent.
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1 In addition to the penalties or punishment that may be
2 imposed under this Section, any person whose conduct
3 constitutes a violation of Section 1 of the Non-Support of
4 Spouse and Children Act may be prosecuted under that Section,
5 and a person convicted under that Section may be sentenced in
6 accordance with that Section. The sentence may include but
7 need not be limited to a requirement that the person perform
8 community service under subsection (b) of that Section or
9 participate in a work alternative program under subsection
10 (c) of that Section. A person may not be required to
11 participate in a work alternative program under subsection
12 (c) of that Section if the person is currently participating
13 in a work program pursuant to Section 505.1 of this Act.
14 (c) A one-time charge of 20% is imposable upon the
15 amount of past-due child support owed on July 1, 1988 which
16 has accrued under a support order entered by the court. The
17 charge shall be imposed in accordance with the provisions of
18 Section 10-21 of the Illinois Public Aid Code and shall be
19 enforced by the court upon petition.
20 (d) Any new or existing support order entered by the
21 court under this Section shall be deemed to be a series of
22 judgments against the person obligated to pay support
23 thereunder, each such judgment to be in the amount of each
24 payment or installment of support and each such judgment to
25 be deemed entered as of the date the corresponding payment or
26 installment becomes due under the terms of the support order.
27 Each such judgment shall have the full force, effect and
28 attributes of any other judgment of this State, including the
29 ability to be enforced. A lien arises by operation of law
30 against the real and personal property of the noncustodial
31 parent for each installment of overdue support owed by the
32 noncustodial parent.
33 (e) When child support is to be paid through the clerk
34 of the court in a county of 1,000,000 inhabitants or less,
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1 the order shall direct the obligor to pay to the clerk, in
2 addition to the child support payments, all fees imposed by
3 the county board under paragraph (3) of subsection (u) of
4 Section 27.1 of the Clerks of Courts Act. Unless paid in
5 cash or pursuant to an order for withholding, the payment of
6 the fee shall be by a separate instrument from the support
7 payment and shall be made to the order of the Clerk.
8 (f) All orders for support, when entered or modified,
9 shall include a provision requiring the obligor to notify the
10 court and, in cases in which a party is receiving child and
11 spouse services under Article X of the Illinois Public Aid
12 Code, the Illinois Department of Public Aid, within 7 days,
13 (i) of the name and address of any new employer of the
14 obligor, (ii) whether the obligor has access to health
15 insurance coverage through the employer or other group
16 coverage and, if so, the policy name and number and the names
17 of persons covered under the policy, and (iii) of any new
18 residential or mailing address or telephone number of the
19 non-custodial parent. In any subsequent action to enforce a
20 support order, upon a sufficient showing that a diligent
21 effort has been made to ascertain the location of the
22 non-custodial parent, service of process or provision of
23 notice necessary in the case may be made at the last known
24 address of the non-custodial parent in any manner expressly
25 provided by the Code of Civil Procedure or this Act, which
26 service shall be sufficient for purposes of due process.
27 (g) An order for support shall include a date on which
28 the current support obligation terminates. The termination
29 date shall be no earlier than the date on which the child
30 covered by the order will attain the age of majority or is
31 otherwise emancipated. The order for support shall state that
32 the termination date does not apply to any arrearage that may
33 remain unpaid on that date. Nothing in this subsection shall
34 be construed to prevent the court from modifying the order.
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1 (h) An order entered under this Section shall include a
2 provision requiring the obligor to report to the obligee and
3 to the clerk of court within 10 days each time the obligor
4 obtains new employment, and each time the obligor's
5 employment is terminated for any reason. The report shall be
6 in writing and shall, in the case of new employment, include
7 the name and address of the new employer. Failure to report
8 new employment or the termination of current employment, if
9 coupled with nonpayment of support for a period in excess of
10 60 days, is indirect criminal contempt. For any obligor
11 arrested for failure to report new employment bond shall be
12 set in the amount of the child support that should have been
13 paid during the period of unreported employment. An order
14 entered under this Section shall also include a provision
15 requiring the obligor and obligee parents to advise each
16 other of a change in residence within 5 days of the change
17 except when the court finds that the physical, mental, or
18 emotional health of a party or that of a minor child, or
19 both, would be seriously endangered by disclosure of the
20 party's address.
21 (Source: P.A. 89-88, eff. 6-30-95; 89-92, eff. 7-1-96;
22 89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
23 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-733, eff.
24 8-11-98.)
25 Section 15. The Non-Support of Spouse and Children Act
26 is amended by changing Section 3 as follows:
27 (750 ILCS 15/3) (from Ch. 40, par. 1106)
28 Sec. 3. At any time before the trial, upon motion of the
29 State's Attorney, or of the Attorney General if the action
30 has been instituted by his office, and upon notice to the
31 defendant, or at the time of arraignment or as a condition of
32 the postponement of arraignment, the court at any time may
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1 enter such temporary order as may seem just, providing for
2 the support or maintenance of the spouse or child or children
3 of the defendant, or both, pendente lite.
4 The Court shall determine the amount of child support by
5 using the guidelines and standards set forth in subsection
6 (a) of Section 505 and in Section 505.2 of the Illinois
7 Marriage and Dissolution of Marriage Act.
8 If (i) the non-custodial parent was properly served with
9 a request for discovery of financial information relating to
10 the non-custodial parent's ability to provide child support,
11 (ii) the non-custodial parent failed to comply with the
12 request, despite having been ordered to do so by the court,
13 and (iii) the non-custodial parent is not present at the
14 hearing to determine support despite having received proper
15 notice, then any relevant financial information concerning
16 the non-custodial parent's ability to provide support that
17 was obtained pursuant to subpoena and proper notice shall be
18 admitted into evidence without the need to establish any
19 further foundation for its admission.
20 An order entered under this Section shall include a
21 provision requiring the obligor to report to the obligee and
22 to the clerk of court within 10 days each time the obligor
23 obtains new employment, and each time the obligor's
24 employment is terminated for any reason. The report shall be
25 in writing and shall, in the case of new employment, include
26 the name and address of the new employer. Failure to report
27 new employment or the termination of current employment, if
28 coupled with nonpayment of support for a period in excess of
29 60 days, is indirect criminal contempt. For any obligor
30 arrested for failure to report new employment bond shall be
31 set in the amount of the child support that should have been
32 paid during the period of unreported employment. An order
33 entered under this Section shall also include a provision
34 requiring the obligor and obligee parents to advise each
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1 other of a change in residence within 5 days of the change
2 except when the court finds that the physical, mental, or
3 emotional health of a party or that of a minor child, or
4 both, would be seriously endangered by disclosure of the
5 party's address.
6 The Court shall determine the amount of maintenance using
7 the standards set forth in Section 504 of the Illinois
8 Marriage and Dissolution of Marriage Act.
9 The court may for violation of any order under this
10 Section punish the offender as for a contempt of court, but
11 no pendente lite order shall remain in force for a longer
12 term than 4 months, or after the discharge of any panel of
13 jurors summoned for service thereafter in such court,
14 whichever is the sooner.
15 Any new or existing support order entered by the court
16 under this Section shall be deemed to be a series of
17 judgments against the person obligated to pay support
18 thereunder, each such judgment to be in the amount of each
19 payment or installment of support and each such judgment to
20 be deemed entered as of the date the corresponding payment or
21 installment becomes due under the terms of the support order.
22 Each such judgment shall have the full force, effect and
23 attributes of any other judgment of this State, including the
24 ability to be enforced. Any such judgment is subject to
25 modification or termination only in accordance with Section
26 510 of the Illinois Marriage and Dissolution of Marriage Act.
27 A lien arises by operation of law against the real and
28 personal property of the noncustodial parent for each
29 installment of overdue support owed by the noncustodial
30 parent.
31 A one-time interest charge of 20% is imposable upon the
32 amount of past-due child support owed on July 1, 1988 which
33 has accrued under a support order entered by the court. The
34 charge shall be imposed in accordance with the provisions of
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1 Section 10-21 of the Illinois Public Aid Code and shall be
2 enforced by the court upon petition.
3 All orders for support, when entered or modified, shall
4 include a provision requiring the non-custodial parent to
5 notify the court and, in cases in which a party is receiving
6 child and spouse support services under Article X of the
7 Illinois Public Aid Code, the Illinois Department of Public
8 Aid, within 7 days, (i) of the name and address of any new
9 employer of the non-custodial parent, (ii) whether the
10 non-custodial parent has access to health insurance coverage
11 through the employer or other group coverage and, if so, the
12 policy name and number and the names of persons covered under
13 the policy, and (iii) of any new residential or mailing
14 address or telephone number of the non-custodial parent. In
15 any subsequent action to enforce a support order, upon a
16 sufficient showing that a diligent effort has been made to
17 ascertain the location of the non-custodial parent, service
18 of process or provision of notice necessary in the case may
19 be made at the last known address of the non-custodial parent
20 in any manner expressly provided by the Code of Civil
21 Procedure or this Act, which service shall be sufficient for
22 purposes of due process.
23 An order for support shall include a date on which the
24 current support obligation terminates. The termination date
25 shall be no earlier than the date on which the child covered
26 by the order will attain the age of majority or is otherwise
27 emancipated. The order for support shall state that the
28 termination date does not apply to any arrearage that may
29 remain unpaid on that date. Nothing in this paragraph shall
30 be construed to prevent the court from modifying the order.
31 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
32 90-655, eff. 7-30-98.)
33 Section 20. The Illinois Parentage Act of 1984 is
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1 amended by changing Section 14 as follows:
2 (750 ILCS 45/14) (from Ch. 40, par. 2514)
3 Sec. 14. Judgment.
4 (a) (1) The judgment shall contain or explicitly reserve
5 provisions concerning any duty and amount of child support
6 and may contain provisions concerning the custody and
7 guardianship of the child, visitation privileges with the
8 child, the furnishing of bond or other security for the
9 payment of the judgment, which the court shall determine in
10 accordance with the relevant factors set forth in the
11 Illinois Marriage and Dissolution of Marriage Act and any
12 other applicable law of Illinois, to guide the court in a
13 finding in the best interests of the child. In determining
14 custody, joint custody, or visitation, the court shall apply
15 the relevant standards of the Illinois Marriage and
16 Dissolution of Marriage Act. Specifically, in determining the
17 amount of any child support award, the court shall use the
18 guidelines and standards set forth in subsection (a) of
19 Section 505 and in Section 505.2 of the Illinois Marriage and
20 Dissolution of Marriage Act. For purposes of Section 505 of
21 the Illinois Marriage and Dissolution of Marriage Act, "net
22 income" of the non-custodial parent shall include any
23 benefits available to that person under the Illinois Public
24 Aid Code or from other federal, State or local
25 government-funded programs. The court shall, in any event
26 and regardless of the amount of the non-custodial parent's
27 net income, in its judgment order the non-custodial parent to
28 pay child support to the custodial parent in a minimum amount
29 of not less than $10 per month. In an action brought within 2
30 years after a child's birth, the judgment or order may direct
31 either parent to pay the reasonable expenses incurred by
32 either parent related to the mother's pregnancy and the
33 delivery of the child. The judgment or order shall contain
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1 the father's social security number, which the father shall
2 disclose to the court; however, failure to include the
3 father's social security number on the judgment or order does
4 not invalidate the judgment or order.
5 (2) If a judgment of parentage contains no explicit
6 award of custody, the establishment of a support obligation
7 or of visitation rights in one parent shall be considered a
8 judgment granting custody to the other parent. If the
9 parentage judgment contains no such provisions, custody shall
10 be presumed to be with the mother; however, the presumption
11 shall not apply if the father has had physical custody for at
12 least 6 months prior to the date that the mother seeks to
13 enforce custodial rights.
14 (b) The court shall order all child support payments,
15 determined in accordance with such guidelines, to commence
16 with the date summons is served. The level of current
17 periodic support payments shall not be reduced because of
18 payments set for the period prior to the date of entry of the
19 support order. The Court may order any child support
20 payments to be made for a period prior to the commencement of
21 the action. In determining whether and the extent to which
22 the payments shall be made for any prior period, the court
23 shall consider all relevant facts, including the factors for
24 determining the amount of support specified in the Illinois
25 Marriage and Dissolution of Marriage Act and other equitable
26 factors including but not limited to:
27 (1) The father's prior knowledge of the fact and
28 circumstances of the child's birth.
29 (2) The father's prior willingness or refusal to
30 help raise or support the child.
31 (3) The extent to which the mother or the public
32 agency bringing the action previously informed the father
33 of the child's needs or attempted to seek or require his
34 help in raising or supporting the child.
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1 (4) The reasons the mother or the public agency did
2 not file the action earlier.
3 (5) The extent to which the father would be
4 prejudiced by the delay in bringing the action.
5 For purposes of determining the amount of child support
6 to be paid for any period before the date the order for
7 current child support is entered, there is a rebuttable
8 presumption that the father's net income for the prior period
9 was the same as his net income at the time the order for
10 current child support is entered.
11 If (i) the non-custodial parent was properly served with
12 a request for discovery of financial information relating to
13 the non-custodial parent's ability to provide child support,
14 (ii) the non-custodial parent failed to comply with the
15 request, despite having been ordered to do so by the court,
16 and (iii) the non-custodial parent is not present at the
17 hearing to determine support despite having received proper
18 notice, then any relevant financial information concerning
19 the non-custodial parent's ability to provide child support
20 that was obtained pursuant to subpoena and proper notice
21 shall be admitted into evidence without the need to establish
22 any further foundation for its admission.
23 (c) Any new or existing support order entered by the
24 court under this Section shall be deemed to be a series of
25 judgments against the person obligated to pay support
26 thereunder, each judgment to be in the amount of each payment
27 or installment of support and each such judgment to be deemed
28 entered as of the date the corresponding payment or
29 installment becomes due under the terms of the support order.
30 Each judgment shall have the full force, effect and
31 attributes of any other judgment of this State, including the
32 ability to be enforced. A lien arises by operation of law
33 against the real and personal property of the noncustodial
34 parent for each installment of overdue support owed by the
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1 noncustodial parent.
2 (d) If the judgment or order of the court is at variance
3 with the child's birth certificate, the court shall order
4 that a new birth certificate be issued under the Vital
5 Records Act.
6 (e) On request of the mother and the father, the court
7 shall order a change in the child's name. After hearing
8 evidence the court may stay payment of support during the
9 period of the father's minority or period of disability.
10 (f) If, upon a showing of proper service, the father
11 fails to appear in court, or otherwise appear as provided by
12 law, the court may proceed to hear the cause upon testimony
13 of the mother or other parties taken in open court and shall
14 enter a judgment by default. The court may reserve any order
15 as to the amount of child support until the father has
16 received notice, by regular mail, of a hearing on the matter.
17 (g) A one-time 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 (h) All orders for support, when entered or modified,
24 shall include a provision requiring the non-custodial parent
25 to notify the court and, in cases in which 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
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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 (i) An order for support shall include a date on which
10 the current support obligation terminates. The termination
11 date shall be no earlier than the date on which the child
12 covered by the order will attain the age of majority or is
13 otherwise emancipated. The order for support shall state
14 that the termination date does not apply to any arrearage
15 that may remain unpaid on that date. Nothing in this
16 subsection shall be construed to prevent the court from
17 modifying the order.
18 (j) An order entered under this Section shall include a
19 provision requiring the obligor to report to the obligee and
20 to the clerk of court within 10 days each time the obligor
21 obtains new employment, and each time the obligor's
22 employment is terminated for any reason. The report shall be
23 in writing and shall, in the case of new employment, include
24 the name and address of the new employer. Failure to report
25 new employment or the termination of current employment, if
26 coupled with nonpayment of support for a period in excess of
27 60 days, is indirect criminal contempt. For any obligor
28 arrested for failure to report new employment bond shall be
29 set in the amount of the child support that should have been
30 paid during the period of unreported employment. An order
31 entered under this Section shall also include a provision
32 requiring the obligor and obligee parents to advise each
33 other of a change in residence within 5 days of the change
34 except when the court finds that the physical, mental, or
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1 emotional health of a party or that of a minor child, or
2 both, would be seriously endangered by disclosure of the
3 party's address.
4 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
5 90-655, eff. 7-30-98.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.