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91_HB2979enr HB2979 Enrolled 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 HB2979 Enrolled -2- LRB9109651DJcs 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 HB2979 Enrolled -3- LRB9109651DJcs 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 HB2979 Enrolled -4- LRB9109651DJcs 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 HB2979 Enrolled -5- LRB9109651DJcs 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, HB2979 Enrolled -6- LRB9109651DJcs 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 HB2979 Enrolled -7- LRB9109651DJcs 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 HB2979 Enrolled -8- LRB9109651DJcs 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) HB2979 Enrolled -9- LRB9109651DJcs 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 HB2979 Enrolled -10- LRB9109651DJcs 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 HB2979 Enrolled -11- LRB9109651DJcs 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, HB2979 Enrolled -12- LRB9109651DJcs 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. HB2979 Enrolled -13- LRB9109651DJcs 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 HB2979 Enrolled -14- LRB9109651DJcs 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 151of the Non-Support 18 Punishmentof Spouse and ChildrenAct may be prosecuted under 19 that ActSection, and a person convicted under that Act 20Sectionmay be sentenced in accordance with that ActSection. 21 The sentence may include but need not be limited to a 22 requirement that the person perform community service under 23 Section 50subsection (b)of that ActSectionor participate 24 in a work alternative program under Section 50subsection (c)25 of that ActSection. A person may not be required to 26 participate in a work alternative program under Section 50 27subsection (c)of that ActSectionif 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 HB2979 Enrolled -15- LRB9109651DJcs 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 HB2979 Enrolled -16- LRB9109651DJcs 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 HB2979 Enrolled -17- LRB9109651DJcs 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. HB2979 Enrolled -18- LRB9109651DJcs 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 HB2979 Enrolled -19- LRB9109651DJcs 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 HB2979 Enrolled -20- LRB9109651DJcs 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 HB2979 Enrolled -21- LRB9109651DJcs 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 HB2979 Enrolled -22- LRB9109651DJcs 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 HB2979 Enrolled -23- LRB9109651DJcs 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 HB2979 Enrolled -24- LRB9109651DJcs 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 HB2979 Enrolled -25- LRB9109651DJcs 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.