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91_HB2979
LRB9109651DJcs
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 An order for support shall include a date on which the
20 current support obligation terminates. The termination date
21 shall be no earlier than the date on which the child covered
22 by the order will attain the age of majority or is otherwise
23 emancipated. The order for support shall state that the
24 termination date does not apply to any arrearage that may
25 remain unpaid on that date. Nothing in this paragraph shall
26 be construed to prevent the court from modifying the order.
27 Upon notification in writing or by electronic
28 transmission from the Illinois Department to the clerk of the
29 court that a person who is receiving support payments under
30 this Section is receiving services under the Child Support
31 Enforcement Program established by Title IV-D of the Social
32 Security Act, any support payments subsequently received by
33 the clerk of the court shall be transmitted in accordance
34 with the instructions of the Illinois Department until the
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1 Illinois Department gives notice to the clerk of the court to
2 cease the transmittal. After providing the notification
3 authorized under this paragraph, the Illinois Department
4 shall be entitled as a party to notice of any further
5 proceedings in the case. The clerk of the court shall file a
6 copy of the Illinois Department's notification in the court
7 file. The clerk's failure to file a copy of the
8 notification in the court file shall not, however, affect the
9 Illinois Department's right to receive notice of further
10 proceedings.
11 Payments under this Section to the Illinois Department
12 pursuant to the Child Support Enforcement Program established
13 by Title IV-D of the Social Security Act shall be paid into
14 the Child Support Enforcement Trust Fund. All payments under
15 this Section to the Illinois Department of Human Services
16 shall be deposited in the DHS Recoveries Trust Fund.
17 Disbursements from these funds shall be as provided in
18 Sections 12-9.1 and 12-10.2 of this Code. Payments received
19 by a local governmental unit shall be deposited in that
20 unit's General Assistance Fund.
21 To the extent the provisions of this Section are
22 inconsistent with the requirements pertaining to the State
23 Disbursement Unit under Sections 10-10.4 and 10-26 of this
24 Code, the requirements pertaining to the State Disbursement
25 Unit shall apply.
26 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
27 90-655, eff. 7-30-98; 90-673, eff. 1-1-99; 90-790, eff.
28 8-14-98; 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 91-357,
29 eff. 7-29-99; revised 8-30-99.)
30 Section 10. The Illinois Marriage and Dissolution of
31 Marriage Act is amended by changing Section 505 as follows:
32 (750 ILCS 5/505) (from Ch. 40, par. 505)
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1 Sec. 505. Child support; contempt; penalties.
2 (a) In a proceeding for dissolution of marriage, legal
3 separation, declaration of invalidity of marriage, a
4 proceeding for child support following dissolution of the
5 marriage by a court which lacked personal jurisdiction over
6 the absent spouse, a proceeding for modification of a
7 previous order for child support under Section 510 of this
8 Act, or any proceeding authorized under Section 501 or 601 of
9 this Act, the court may order either or both parents owing a
10 duty of support to a child of the marriage to pay an amount
11 reasonable and necessary for his support, without regard to
12 marital misconduct. The duty of support owed to a minor
13 child includes the obligation to provide for the reasonable
14 and necessary physical, mental and emotional health needs of
15 the child.
16 (1) The Court shall determine the minimum amount of
17 support by using the following guidelines:
18 Number of Children Percent of Supporting Party's
19 Net Income
20 1 20%
21 2 25%
22 3 32%
23 4 40%
24 5 45%
25 6 or more 50%
26 (2) The above guidelines shall be applied in each
27 case unless the court makes a finding that application of
28 the guidelines would be inappropriate, after considering
29 the best interests of the child in light of evidence
30 including but not limited to one or more of the following
31 relevant factors:
32 (a) the financial resources and needs of the
33 child;
34 (b) the financial resources and needs of the
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1 custodial parent;
2 (c) the standard of living the child would
3 have enjoyed had the marriage not been dissolved;
4 (d) the physical and emotional condition of
5 the child, and his educational needs; and
6 (e) the financial resources and needs of the
7 non-custodial parent.
8 If the court deviates from the guidelines, the
9 court's finding shall state the amount of support that
10 would have been required under the guidelines, if
11 determinable. The court shall include the reason or
12 reasons for the variance from the guidelines.
13 (3) "Net income" is defined as the total of all
14 income from all sources, minus the following deductions:
15 (a) Federal income tax (properly calculated
16 withholding or estimated payments);
17 (b) State income tax (properly calculated
18 withholding or estimated payments);
19 (c) Social Security (FICA payments);
20 (d) Mandatory retirement contributions
21 required by law or as a condition of employment;
22 (e) Union dues;
23 (f) Dependent and individual
24 health/hospitalization insurance premiums;
25 (g) Prior obligations of support or
26 maintenance actually paid pursuant to a court order;
27 (h) Expenditures for repayment of debts that
28 represent reasonable and necessary expenses for the
29 production of income, medical expenditures necessary
30 to preserve life or health, reasonable expenditures
31 for the benefit of the child and the other parent,
32 exclusive of gifts. The court shall reduce net
33 income in determining the minimum amount of support
34 to be ordered only for the period that such payments
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1 are due and shall enter an order containing
2 provisions for its self-executing modification upon
3 termination of such payment period.
4 (4) In cases where the court order provides for
5 health/hospitalization insurance coverage pursuant to
6 Section 505.2 of this Act, the premiums for that
7 insurance, or that portion of the premiums for which the
8 supporting party is responsible in the case of insurance
9 provided through an employer's health insurance plan
10 where the employer pays a portion of the premiums, shall
11 be subtracted from net income in determining the minimum
12 amount of support to be ordered.
13 (4.5) In a proceeding for child support following
14 dissolution of the marriage by a court that lacked
15 personal jurisdiction over the absent spouse, and in
16 which the court is requiring payment of support for the
17 period before the date an order for current support is
18 entered, there is a rebuttable presumption that the
19 supporting party's net income for the prior period was
20 the same as his or her net income at the time the order
21 for current support is entered.
22 (5) If the net income cannot be determined because
23 of default or any other reason, the court shall order
24 support in an amount considered reasonable in the
25 particular case. The final order in all cases shall
26 state the support level in dollar amounts.
27 (6) If (i) the non-custodial parent was properly
28 served with a request for discovery of financial
29 information relating to the non-custodial parent's
30 ability to provide child support, (ii) the non-custodial
31 parent failed to comply with the request, despite having
32 been ordered to do so by the court, and (iii) the
33 non-custodial parent is not present at the hearing to
34 determine support despite having received proper notice,
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1 then any relevant financial information concerning the
2 non-custodial parent'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
5 establish any further foundation for its admission.
6 (a-5) In an action to enforce an order for support based
7 on the respondent's failure to make support payments as
8 required by the order, notice of proceedings to hold the
9 respondent in contempt for that failure may be served on the
10 respondent by personal service or by regular mail addressed
11 to the respondent's last known address. The respondent's
12 last known address may be determined from records of the
13 clerk of the court, from the Federal Case Registry of Child
14 Support Orders, or by any other reasonable means.
15 (b) Failure of either parent to comply with an order to
16 pay support shall be punishable as in other cases of
17 contempt. In addition to other penalties provided by law the
18 Court may, after finding the parent guilty of contempt, order
19 that the parent be:
20 (1) placed on probation with such conditions of
21 probation as the Court deems advisable;
22 (2) sentenced to periodic imprisonment for a period
23 not to exceed 6 months; provided, however, that the Court
24 may permit the parent to be released for periods of time
25 during the day or night to:
26 (A) work; or
27 (B) conduct a business or other self-employed
28 occupation.
29 The Court may further order any part or all of the
30 earnings of a parent during a sentence of periodic
31 imprisonment paid to the Clerk of the Circuit Court or to the
32 parent having custody or to the guardian having custody of
33 the minor children of the sentenced parent for the support of
34 said minor children until further order of the Court.
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1 If there is a unity of interest and ownership sufficient
2 to render no financial separation between a non-custodial
3 parent and another person or persons or business entity, the
4 court may pierce the ownership veil of the person, persons,
5 or business entity to discover assets of the non-custodial
6 parent held in the name of that person, those persons, or
7 that business entity. The following circumstances are
8 sufficient to authorize a court to order discovery of the
9 assets of a person, persons, or business entity and to compel
10 the application of any discovered assets toward payment on
11 the judgment for support:
12 (1) the non-custodial parent and the person,
13 persons, or business entity maintain records together.
14 (2) the non-custodial parent and the person,
15 persons, or business entity fail to maintain an arms
16 length relationship between themselves with regard to any
17 assets.
18 (3) the non-custodial parent transfers assets to
19 the person, persons, or business entity with the intent
20 to perpetrate a fraud on the custodial parent.
21 With respect to assets which are real property, no order
22 entered under this paragraph shall affect the rights of bona
23 fide purchasers, mortgagees, judgment creditors, or other
24 lien holders who acquire their interests in the property
25 prior to the time a notice of lis pendens pursuant to the
26 Code of Civil Procedure or a copy of the order is placed of
27 record in the office of the recorder of deeds for the county
28 in which the real property is located.
29 The court may also order in cases where the parent is 90
30 days or more delinquent in payment of support or has been
31 adjudicated in arrears in an amount equal to 90 days
32 obligation or more, that the parent's Illinois driving
33 privileges be suspended until the court determines that the
34 parent is in compliance with the order of support. The court
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1 may also order that the parent be issued a family financial
2 responsibility driving permit that would allow limited
3 driving privileges for employment and medical purposes in
4 accordance with Section 7-702.1 of the Illinois Vehicle Code.
5 The clerk of the circuit court shall certify the order
6 suspending the driving privileges of the parent or granting
7 the issuance of a family financial responsibility driving
8 permit to the Secretary of State on forms prescribed by the
9 Secretary. Upon receipt of the authenticated documents, the
10 Secretary of State shall suspend the parent's driving
11 privileges until further order of the court and shall, if
12 ordered by the court, subject to the provisions of Section
13 7-702.1 of the Illinois Vehicle Code, issue a family
14 financial responsibility driving permit to the parent.
15 In addition to the penalties or punishment that may be
16 imposed under this Section, any person whose conduct
17 constitutes a violation of Section 15 1 of the Non-Support
18 Punishment of Spouse and Children Act may be prosecuted under
19 that Act Section, and a person convicted under that Act
20 Section may be sentenced in accordance with that Act Section.
21 The sentence may include but need not be limited to a
22 requirement that the person perform community service under
23 Section 50 subsection (b) of that Act Section or participate
24 in a work alternative program under Section 50 subsection (c)
25 of that Act Section. A person may not be required to
26 participate in a work alternative program under Section 50
27 subsection (c) of that Act Section if the person is currently
28 participating in a work program pursuant to Section 505.1 of
29 this Act.
30 A support obligation, or any portion of a support
31 obligation, which becomes due and remains unpaid for 30 days
32 or more shall accrue interest at the rate of 9% per annum.
33 (c) A one-time charge of 20% is imposable upon the
34 amount of past-due child support owed on July 1, 1988 which
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1 has accrued under a support order entered by the court. The
2 charge shall be imposed in accordance with the provisions of
3 Section 10-21 of the Illinois Public Aid Code and shall be
4 enforced by the court upon petition.
5 (d) Any new or existing support order entered by the
6 court under this Section shall be deemed to be a series of
7 judgments against the person obligated to pay support
8 thereunder, each such judgment to be in the amount of each
9 payment or installment of support and each such judgment to
10 be deemed entered as of the date the corresponding payment or
11 installment becomes due under the terms of the support order.
12 Each such judgment shall have the full force, effect and
13 attributes of any other judgment of this State, including the
14 ability to be enforced. A lien arises by operation of law
15 against the real and personal property of the noncustodial
16 parent for each installment of overdue support owed by the
17 noncustodial parent.
18 (e) When child support is to be paid through the clerk
19 of the court in a county of 1,000,000 inhabitants or less,
20 the order shall direct the obligor to pay to the clerk, in
21 addition to the child support payments, all fees imposed by
22 the county board under paragraph (3) of subsection (u) of
23 Section 27.1 of the Clerks of Courts Act. Unless paid in
24 cash or pursuant to an order for withholding, the payment of
25 the fee shall be by a separate instrument from the support
26 payment and shall be made to the order of the Clerk.
27 (f) All orders for support, when entered or modified,
28 shall include a provision requiring the obligor to notify the
29 court and, in cases in which a party is receiving child and
30 spouse services under Article X of the Illinois Public Aid
31 Code, the Illinois Department of Public Aid, within 7 days,
32 (i) of the name and address of any new employer of the
33 obligor, (ii) whether the obligor has access to health
34 insurance coverage through the employer or other group
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1 coverage and, if so, the policy name and number and the names
2 of persons covered under the policy, and (iii) of any new
3 residential or mailing address or telephone number of the
4 non-custodial parent. In any subsequent action to enforce a
5 support order, upon a sufficient showing that a diligent
6 effort has been made to ascertain the location of the
7 non-custodial parent, service of process or provision of
8 notice necessary in the case may be made at the last known
9 address of the non-custodial parent in any manner expressly
10 provided by the Code of Civil Procedure or this Act, which
11 service shall be sufficient for purposes of due process.
12 (g) An order for support shall include a date on which
13 the current support obligation terminates. The termination
14 date shall be no earlier than the date on which the child
15 covered by the order will attain the age of majority or is
16 otherwise emancipated. The order for support shall state that
17 the termination date does not apply to any arrearage that may
18 remain unpaid on that date. Nothing in this subsection shall
19 be construed to prevent the court from modifying the order.
20 (h) 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 (Source: P.A. 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
7 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-733, eff.
8 8-11-98; 91-113, eff. 7-15-99; 91-397, eff. 1-1-00; revised
9 10-13-99.)
10 Section 15. The Non-Support Punishment Act is amended by
11 changing Section 20 as follows:
12 (750 ILCS 16/20)
13 Sec. 20. Entry of order for support; income withholding.
14 (a) In a case in which no court or administrative order
15 for support is in effect against the defendant:
16 (1) at any time before the trial, upon motion of the
17 State's Attorney, or of the Attorney General if the
18 action has been instituted by his office, and upon notice
19 to the defendant, or at the time of arraignment or as a
20 condition of postponement of arraignment, the court may
21 enter such temporary order for support as may seem just,
22 providing for the support or maintenance of the spouse or
23 child or children of the defendant, or both, pendente
24 lite; or
25 (2) before trial with the consent of the defendant,
26 or at the trial on entry of a plea of guilty, or after
27 conviction, instead of imposing the penalty provided in
28 this Act, or in addition thereto, the court may enter an
29 order for support, subject to modification by the court
30 from time to time as circumstances may require, directing
31 the defendant to pay a certain sum for maintenance of the
32 spouse, or for support of the child or children, or both.
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1 (b) The court shall determine the amount of child support
2 by using the guidelines and standards set forth in subsection
3 (a) of Section 505 and in Section 505.2 of the Illinois
4 Marriage and Dissolution of Marriage Act.
5 If (i) the non-custodial parent was properly served with
6 a request for discovery of financial information relating to
7 the non-custodial parent's ability to provide child support,
8 (ii) the non-custodial parent failed to comply with the
9 request, despite having been ordered to do so by the court,
10 and (iii) the non-custodial parent is not present at the
11 hearing to determine support despite having received proper
12 notice, then any relevant financial information concerning
13 the non-custodial parent's ability to provide support that
14 was obtained pursuant to subpoena and proper notice shall be
15 admitted into evidence without the need to establish any
16 further foundation for its admission.
17 (c) The court shall determine the amount of maintenance
18 using the standards set forth in Section 504 of the Illinois
19 Marriage and Dissolution of Marriage Act.
20 (d) The court may, for violation of any order under this
21 Section, punish the offender as for a contempt of court, but
22 no pendente lite order shall remain in effect longer than 4
23 months, or after the discharge of any panel of jurors
24 summoned for service thereafter in such court, whichever is
25 sooner.
26 (e) Any order for support entered by the court under this
27 Section shall be deemed to be a series of judgments against
28 the person obligated to pay support under the judgments, each
29 such judgment to be in the amount of each payment or
30 installment of support and each judgment to be deemed entered
31 as of the date the corresponding payment or installment
32 becomes due under the terms of the support order. Each
33 judgment shall have the full force, effect, and attributes of
34 any other judgment of this State, including the ability to be
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1 enforced. Each judgment is subject to modification or
2 termination only in accordance with Section 510 of the
3 Illinois Marriage and Dissolution of Marriage Act. A lien
4 arises by operation of law against the real and personal
5 property of the noncustodial parent for each installment of
6 overdue support owed by the noncustodial parent.
7 (f) An order for support entered under this Section shall
8 include a provision requiring the obligor to report to the
9 obligee and to the clerk of the court within 10 days each
10 time the obligor obtains new employment, and each time the
11 obligor's employment is terminated for any reason. The
12 report shall be in writing and shall, in the case of new
13 employment, include the name and address of the new employer.
14 Failure to report new employment or the termination of
15 current employment, if coupled with nonpayment of support for
16 a period in excess of 60 days, is indirect criminal contempt.
17 For any obligor arrested for failure to report new
18 employment, bond shall be set in the amount of the child
19 support that should have been paid during the period of
20 unreported employment.
21 An order for support entered under this Section shall
22 also include a provision requiring the obligor and obligee
23 parents to advise each other of a change in residence within
24 5 days of the change except when the court finds that the
25 physical, mental, or emotional health of a party or of a
26 minor child, or both, would be seriously endangered by
27 disclosure of the party's address.
28 (g) An order for support entered or modified in a case in
29 which a party is receiving child and spouse support services
30 under Article X of the Illinois Public Aid Code shall include
31 a provision requiring the noncustodial parent to notify the
32 Illinois Department of Public Aid, within 7 days, of the name
33 and address of any new employer of the noncustodial parent,
34 whether the noncustodial parent has access to health
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1 insurance coverage through the employer or other group
2 coverage and, if so, the policy name and number and the names
3 of persons covered under the policy.
4 (h) In any subsequent action to enforce an order for
5 support entered under this Act, upon sufficient showing that
6 diligent effort has been made to ascertain the location of
7 the noncustodial parent, service of process or provision of
8 notice necessary in that action may be made at the last known
9 address of the noncustodial parent, in any manner expressly
10 provided by the Code of Civil Procedure or in this Act, which
11 service shall be sufficient for purposes of due process.
12 (i) An order for support shall include a date on which
13 the current support obligation terminates. The termination
14 date shall be no earlier than the date on which the child
15 covered by the order will attain the age of majority or is
16 otherwise emancipated. The order for support shall state that
17 the termination date does not apply to any arrearage that may
18 remain unpaid on that date. Nothing in this subsection shall
19 be construed to prevent the court from modifying the order.
20 (Source: P.A. 91-613, eff. 10-1-99.)
21 Section 20. The Illinois Parentage Act of 1984 is
22 amended by changing Section 14 as follows:
23 (750 ILCS 45/14) (from Ch. 40, par. 2514)
24 Sec. 14. Judgment.
25 (a) (1) The judgment shall contain or explicitly reserve
26 provisions concerning any duty and amount of child support
27 and may contain provisions concerning the custody and
28 guardianship of the child, visitation privileges with the
29 child, the furnishing of bond or other security for the
30 payment of the judgment, which the court shall determine in
31 accordance with the relevant factors set forth in the
32 Illinois Marriage and Dissolution of Marriage Act and any
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1 other applicable law of Illinois, to guide the court in a
2 finding in the best interests of the child. In determining
3 custody, joint custody, or visitation, the court shall apply
4 the relevant standards of the Illinois Marriage and
5 Dissolution of Marriage Act. Specifically, in determining the
6 amount of any child support award, the court shall use the
7 guidelines and standards set forth in subsection (a) of
8 Section 505 and in Section 505.2 of the Illinois Marriage and
9 Dissolution of Marriage Act. For purposes of Section 505 of
10 the Illinois Marriage and Dissolution of Marriage Act, "net
11 income" of the non-custodial parent shall include any
12 benefits available to that person under the Illinois Public
13 Aid Code or from other federal, State or local
14 government-funded programs. The court shall, in any event
15 and regardless of the amount of the non-custodial parent's
16 net income, in its judgment order the non-custodial parent to
17 pay child support to the custodial parent in a minimum amount
18 of not less than $10 per month. In an action brought within 2
19 years after a child's birth, the judgment or order may direct
20 either parent to pay the reasonable expenses incurred by
21 either parent related to the mother's pregnancy and the
22 delivery of the child. The judgment or order shall contain
23 the father's social security number, which the father shall
24 disclose to the court; however, failure to include the
25 father's social security number on the judgment or order does
26 not invalidate the judgment or order.
27 (2) If a judgment of parentage contains no explicit
28 award of custody, the establishment of a support obligation
29 or of visitation rights in one parent shall be considered a
30 judgment granting custody to the other parent. If the
31 parentage judgment contains no such provisions, custody shall
32 be presumed to be with the mother; however, the presumption
33 shall not apply if the father has had physical custody for at
34 least 6 months prior to the date that the mother seeks to
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1 enforce custodial rights.
2 (b) The court shall order all child support payments,
3 determined in accordance with such guidelines, to commence
4 with the date summons is served. The level of current
5 periodic support payments shall not be reduced because of
6 payments set for the period prior to the date of entry of the
7 support order. The Court may order any child support
8 payments to be made for a period prior to the commencement of
9 the action. In determining whether and the extent to which
10 the payments shall be made for any prior period, the court
11 shall consider all relevant facts, including the factors for
12 determining the amount of support specified in the Illinois
13 Marriage and Dissolution of Marriage Act and other equitable
14 factors including but not limited to:
15 (1) The father's prior knowledge of the fact and
16 circumstances of the child's birth.
17 (2) The father's prior willingness or refusal to
18 help raise or support the child.
19 (3) The extent to which the mother or the public
20 agency bringing the action previously informed the father
21 of the child's needs or attempted to seek or require his
22 help in raising or supporting the child.
23 (4) The reasons the mother or the public agency did
24 not file the action earlier.
25 (5) The extent to which the father would be
26 prejudiced by the delay in bringing the action.
27 For purposes of determining the amount of child support
28 to be paid for any period before the date the order for
29 current child support is entered, there is a rebuttable
30 presumption that the father's net income for the prior period
31 was the same as his net income at the time the order for
32 current child support is entered.
33 If (i) the non-custodial parent was properly served with
34 a request for discovery of financial information relating to
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1 the non-custodial parent's ability to provide child support,
2 (ii) the non-custodial parent failed to comply with the
3 request, despite having been ordered to do so by the court,
4 and (iii) the non-custodial parent is not present at the
5 hearing to determine support despite having received proper
6 notice, then any relevant financial information concerning
7 the non-custodial parent's ability to provide child support
8 that was obtained pursuant to subpoena and proper notice
9 shall be admitted into evidence without the need to establish
10 any further foundation for its admission.
11 (c) Any new or existing support order entered by the
12 court under this Section shall be deemed to be a series of
13 judgments against the person obligated to pay support
14 thereunder, each judgment to be in the amount of each payment
15 or installment of support and each such judgment to be deemed
16 entered as of the date the corresponding payment or
17 installment becomes due under the terms of the support order.
18 Each judgment shall have the full force, effect and
19 attributes of any other judgment of this State, including the
20 ability to be enforced. A lien arises by operation of law
21 against the real and personal property of the noncustodial
22 parent for each installment of overdue support owed by the
23 noncustodial parent.
24 (d) If the judgment or order of the court is at variance
25 with the child's birth certificate, the court shall order
26 that a new birth certificate be issued under the Vital
27 Records Act.
28 (e) On request of the mother and the father, the court
29 shall order a change in the child's name. After hearing
30 evidence the court may stay payment of support during the
31 period of the father's minority or period of disability.
32 (f) If, upon a showing of proper service, the father
33 fails to appear in court, or otherwise appear as provided by
34 law, the court may proceed to hear the cause upon testimony
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1 of the mother or other parties taken in open court and shall
2 enter a judgment by default. The court may reserve any order
3 as to the amount of child support until the father has
4 received notice, by regular mail, of a hearing on the matter.
5 (g) A one-time charge of 20% is imposable upon the
6 amount of past-due child support owed on July 1, 1988 which
7 has accrued under a support order entered by the court. The
8 charge shall be imposed in accordance with the provisions of
9 Section 10-21 of the Illinois Public Aid Code and shall be
10 enforced by the court upon petition.
11 (h) All orders for support, when entered or modified,
12 shall include a provision requiring the non-custodial parent
13 to notify the court and, in cases in which party is receiving
14 child and spouse support services under Article X of the
15 Illinois Public Aid Code, the Illinois Department of Public
16 Aid, within 7 days, (i) of the name and address of any new
17 employer of the non-custodial parent, (ii) whether the
18 non-custodial parent has access to health insurance coverage
19 through the employer or other group coverage and, if so, the
20 policy name and number and the names of persons covered under
21 the policy, and (iii) of any new residential or mailing
22 address or telephone number of the non-custodial parent. In
23 any subsequent action to enforce a support order, upon a
24 sufficient showing that a diligent effort has been made to
25 ascertain the location of the non-custodial parent, service
26 of process or provision of notice necessary in the case may
27 be made at the last known address of the non-custodial parent
28 in any manner expressly provided by the Code of Civil
29 Procedure or this Act, which service shall be sufficient for
30 purposes of due process.
31 (i) An order for support shall include a date on which
32 the current support obligation terminates. The termination
33 date shall be no earlier than the date on which the child
34 covered by the order will attain the age of majority or is
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1 otherwise emancipated. The order for support shall state
2 that the termination date does not apply to any arrearage
3 that may remain unpaid on that date. Nothing in this
4 subsection shall be construed to prevent the court from
5 modifying the order.
6 (j) 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 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
27 90-655, eff. 7-30-98.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.