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91_HB4611
LRB9111860DJcd
1 AN ACT in relation to 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 Bureau of the Budget Act is amended by
5 changing Section 2 and adding Section 2.8 as follows:
6 (20 ILCS 3005/2) (from Ch. 127, par. 412)
7 Sec. 2. There is created in the executive office of the
8 Governor a Bureau to be known as the Bureau of the Budget.
9 The Bureau shall be headed by a Director, who shall be
10 appointed by the Governor. The functions of the Bureau shall
11 be as prescribed in the Sections following this Section and
12 preceding Section 3 2.1 through 2.7 of this Act.
13 (Source: P.A. 89-460, eff. 5-24-96.)
14 (20 ILCS 3005/2.8 new)
15 Sec. 2.8. Consumer price index changes to circuit clerks.
16 Not later than January 30 of each year, the Bureau shall
17 certify to each clerk of the circuit court in this State the
18 percentage change in the consumer price index-u during the
19 preceding 12-month calendar year. "Consumer price index-u"
20 means the index published by the Bureau of Labor Statistics
21 of the United States Department of Labor that measures the
22 average change in prices of goods and services purchased by
23 all urban consumers, United States city average, all items,
24 1982-84 = 100.
25 Section 10. The Illinois Public Aid Code is amended by
26 changing Section 10-10 as follows:
27 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
28 Sec. 10-10. Court enforcement; applicability also to
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1 persons who are not applicants or recipients. Except where
2 the Illinois Department, by agreement, acts for the local
3 governmental unit, as provided in Section 10-3.1, local
4 governmental units shall refer to the State's Attorney or to
5 the proper legal representative of the governmental unit, for
6 judicial enforcement as herein provided, instances of
7 non-support or insufficient support when the dependents are
8 applicants or recipients under Article VI. The Child and
9 Spouse Support Unit established by Section 10-3.1 may
10 institute in behalf of the Illinois Department any actions
11 under this Section for judicial enforcement of the support
12 liability when the dependents are (a) applicants or
13 recipients under Articles III, IV, V or VII (b) applicants or
14 recipients in a local governmental unit when the Illinois
15 Department, by agreement, acts for the unit; or (c)
16 non-applicants or non-recipients who are receiving support
17 enforcement services under this Article X, as provided in
18 Section 10-1. Where the Child and Spouse Support Unit has
19 exercised its option and discretion not to apply the
20 provisions of Sections 10-3 through 10-8, the failure by the
21 Unit to apply such provisions shall not be a bar to bringing
22 an action under this Section.
23 Action shall be brought in the circuit court to obtain
24 support, or for the recovery of aid granted during the period
25 such support was not provided, or both for the obtainment of
26 support and the recovery of the aid provided. Actions for
27 the recovery of aid may be taken separately or they may be
28 consolidated with actions to obtain support. Such actions
29 may be brought in the name of the person or persons requiring
30 support, or may be brought in the name of the Illinois
31 Department or the local governmental unit, as the case
32 requires, in behalf of such persons.
33 The court may enter such orders for the payment of moneys
34 for the support of the person as may be just and equitable
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1 and may direct payment thereof for such period or periods of
2 time as the circumstances require, including support for a
3 period before the date the order for support is entered. The
4 order may be entered against any or all of the defendant
5 responsible relatives and may be based upon the proportionate
6 ability of each to contribute to the person's support.
7 The Court shall determine the amount of child support
8 (including child support for a period before the date the
9 order for child support is entered) by using the guidelines
10 and standards set forth in subsection (a) of Section 505 and
11 in Section 505.2 of the Illinois Marriage and Dissolution of
12 Marriage Act. For purposes of determining the amount of child
13 support to be paid for a period before the date the order for
14 child support is entered, there is a rebuttable presumption
15 that the responsible relative's net income for that period
16 was the same as his or her net income at the time the order
17 is entered.
18 An order entered under this Section may include a
19 provision that automatically increases or decreases, as
20 applicable, the amounts payable as maintenance and as child
21 support by a percentage equal to the percentage change in the
22 consumer price index-u during the preceding 12-month calendar
23 year as certified to the clerk of the court by the Bureau of
24 the Budget pursuant to Section 2.8 of the Bureau of the
25 Budget Act. After receiving notice of such a change in the
26 consumer price index-u from the Bureau of the Budget, the
27 clerk shall promptly give written notice of that change and
28 the resulting changes in the amounts payable as maintenance
29 and as child support to the obligor, the obligee, and the
30 payor. The changes in the amounts payable as maintenance and
31 as child support shall take effect on the first day of the
32 month in the month that begins at least 10 days after the
33 clerk gives the notice required in this paragraph. In this
34 paragraph, "obligor", "obligee", and "payor" have the
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1 meanings ascribed to those terms in the Income Withholding
2 for Support Act.
3 An order entered under this Section shall include a
4 provision requiring the obligor to report to the obligee and
5 to the clerk of court within 10 days each time the obligor
6 obtains new employment, and each time the obligor's
7 employment is terminated for any reason. The report shall be
8 in writing and shall, in the case of new employment, include
9 the name and address of the new employer. Failure to report
10 new employment or the termination of current employment, if
11 coupled with nonpayment of support for a period in excess of
12 60 days, is indirect criminal contempt. For any obligor
13 arrested for failure to report new employment bond shall be
14 set in the amount of the child support that should have been
15 paid during the period of unreported employment. An order
16 entered under this Section shall also include a provision
17 requiring the obligor and obligee parents to advise each
18 other of a change in residence within 5 days of the change
19 except when the court finds that the physical, mental, or
20 emotional health of a party or that of a minor child, or
21 both, would be seriously endangered by disclosure of the
22 party's address.
23 The Court shall determine the amount of maintenance using
24 the standards set forth in Section 504 of the Illinois
25 Marriage and Dissolution of Marriage Act.
26 Any new or existing support order entered by the court
27 under this Section shall be deemed to be a series of
28 judgments against the person obligated to pay support
29 thereunder, each such judgment to be in the amount of each
30 payment or installment of support and each such judgment to
31 be deemed entered as of the date the corresponding payment or
32 installment becomes due under the terms of the support order.
33 Each such judgment shall have the full force, effect and
34 attributes of any other judgment of this State, including the
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1 ability to be enforced. Any such judgment is subject to
2 modification or termination only in accordance with Section
3 510 of the Illinois Marriage and Dissolution of Marriage Act.
4 A lien arises by operation of law against the real and
5 personal property of the noncustodial parent for each
6 installment of overdue support owed by the noncustodial
7 parent.
8 When an order is entered for the support of a minor, the
9 court may provide therein for reasonable visitation of the
10 minor by the person or persons who provided support pursuant
11 to the order. Whoever willfully refuses to comply with such
12 visitation order or willfully interferes with its enforcement
13 may be declared in contempt of court and punished therefor.
14 Except where the local governmental unit has entered into
15 an agreement with the Illinois Department for the Child and
16 Spouse Support Unit to act for it, as provided in Section
17 10-3.1, support orders entered by the court in cases
18 involving applicants or recipients under Article VI shall
19 provide that payments thereunder be made directly to the
20 local governmental unit. Orders for the support of all other
21 applicants or recipients shall provide that payments
22 thereunder be made directly to the Illinois Department. In
23 accordance with federal law and regulations, the Illinois
24 Department may continue to collect current maintenance
25 payments or child support payments, or both, after those
26 persons cease to receive public assistance and until
27 termination of services under Article X. The Illinois
28 Department shall pay the net amount collected to those
29 persons after deducting any costs incurred in making the
30 collection or any collection fee from the amount of any
31 recovery made. In both cases the order shall permit the
32 local governmental unit or the Illinois Department, as the
33 case may be, to direct the responsible relative or relatives
34 to make support payments directly to the needy person, or to
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1 some person or agency in his behalf, upon removal of the
2 person from the public aid rolls or upon termination of
3 services under Article X.
4 If the notice of support due issued pursuant to Section
5 10-7 directs that support payments be made directly to the
6 needy person, or to some person or agency in his behalf, and
7 the recipient is removed from the public aid rolls, court
8 action may be taken against the responsible relative
9 hereunder if he fails to furnish support in accordance with
10 the terms of such notice.
11 Actions may also be brought under this Section in behalf
12 of any person who is in need of support from responsible
13 relatives, as defined in Section 2-11 of Article II who is
14 not an applicant for or recipient of financial aid under this
15 Code. In such instances, the State's Attorney of the county
16 in which such person resides shall bring action against the
17 responsible relatives hereunder. If the Illinois Department,
18 as authorized by Section 10-1, extends the support services
19 provided by this Article to spouses and dependent children
20 who are not applicants or recipients under this Code, the
21 Child and Spouse Support Unit established by Section 10-3.1
22 shall bring action against the responsible relatives
23 hereunder and any support orders entered by the court in such
24 cases shall provide that payments thereunder be made directly
25 to the Illinois Department.
26 Whenever it is determined in a proceeding to establish or
27 enforce a child support or maintenance obligation that the
28 person owing a duty of support is unemployed, the court may
29 order the person to seek employment and report periodically
30 to the court with a diary, listing or other memorandum of his
31 or her efforts in accordance with such order. Additionally,
32 the court may order the unemployed person to report to the
33 Department of Employment Security for job search services or
34 to make application with the local Jobs Training Partnership
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1 Act provider for participation in job search, training or
2 work programs and where the duty of support is owed to a
3 child receiving support services under this Article X, the
4 court may order the unemployed person to report to the
5 Illinois Department for participation in job search, training
6 or work programs established under Section 9-6 and Article
7 IXA of this Code.
8 Whenever it is determined that a person owes past-due
9 support for a child receiving assistance under this Code, the
10 court shall order at the request of the Illinois Department:
11 (1) that the person pay the past-due support in
12 accordance with a plan approved by the court; or
13 (2) if the person owing past-due support is
14 unemployed, is subject to such a plan, and is not
15 incapacitated, that the person participate in such job
16 search, training, or work programs established under
17 Section 9-6 and Article IXA of this Code as the court
18 deems appropriate.
19 A determination under this Section shall not be
20 administratively reviewable by the procedures specified in
21 Sections 10-12, and 10-13 to 10-13.10. Any determination
22 under these Sections, if made the basis of court action under
23 this Section, shall not affect the de novo judicial
24 determination required under this Section.
25 A one-time charge of 20% is imposable upon the amount of
26 past-due child support owed on July 1, 1988 which has accrued
27 under a support order entered by the court. The charge shall
28 be imposed in accordance with the provisions of Section 10-21
29 of this Code and shall be enforced by the court upon
30 petition.
31 All orders for support, when entered or modified, shall
32 include a provision requiring the non-custodial parent to
33 notify the court and, in cases in which a party is receiving
34 child and spouse support services under this Article X, the
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1 Illinois Department, within 7 days, (i) of the name, address,
2 and telephone number of any new employer of the non-custodial
3 parent, (ii) whether the non-custodial parent has access to
4 health insurance coverage through the employer or other group
5 coverage and, if so, the policy name and number and the names
6 of persons covered under the policy, and (iii) of any new
7 residential or mailing address or telephone number of the
8 non-custodial parent. In any subsequent action to enforce a
9 support order, upon a sufficient showing that a diligent
10 effort has been made to ascertain the location of the
11 non-custodial parent, service of process or provision of
12 notice necessary in the case may be made at the last known
13 address of the non-custodial parent in any manner expressly
14 provided by the Code of Civil Procedure or this Code, which
15 service shall be sufficient for purposes of due process.
16 An order for support shall include a date on which the
17 current support obligation terminates. The termination date
18 shall be no earlier than the date on which the child covered
19 by the order will attain the age of majority or is otherwise
20 emancipated. The order for support shall state that the
21 termination date does not apply to any arrearage that may
22 remain unpaid on that date. Nothing in this paragraph shall
23 be construed to prevent the court from modifying the order.
24 Upon notification in writing or by electronic
25 transmission from the Illinois Department to the clerk of the
26 court that a person who is receiving support payments under
27 this Section is receiving services under the Child Support
28 Enforcement Program established by Title IV-D of the Social
29 Security Act, any support payments subsequently received by
30 the clerk of the court shall be transmitted in accordance
31 with the instructions of the Illinois Department until the
32 Illinois Department gives notice to the clerk of the court to
33 cease the transmittal. After providing the notification
34 authorized under this paragraph, the Illinois Department
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1 shall be entitled as a party to notice of any further
2 proceedings in the case. The clerk of the court shall file a
3 copy of the Illinois Department's notification in the court
4 file. The clerk's failure to file a copy of the
5 notification in the court file shall not, however, affect the
6 Illinois Department's right to receive notice of further
7 proceedings.
8 Payments under this Section to the Illinois Department
9 pursuant to the Child Support Enforcement Program established
10 by Title IV-D of the Social Security Act shall be paid into
11 the Child Support Enforcement Trust Fund. All payments under
12 this Section to the Illinois Department of Human Services
13 shall be deposited in the DHS Recoveries Trust Fund.
14 Disbursements from these funds shall be as provided in
15 Sections 12-9.1 and 12-10.2 of this Code. Payments received
16 by a local governmental unit shall be deposited in that
17 unit's General Assistance Fund.
18 To the extent the provisions of this Section are
19 inconsistent with the requirements pertaining to the State
20 Disbursement Unit under Sections 10-10.4 and 10-26 of this
21 Code, the requirements pertaining to the State Disbursement
22 Unit shall apply.
23 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
24 90-655, eff. 7-30-98; 90-673, eff. 1-1-99; 90-790, eff.
25 8-14-98; 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 91-357,
26 eff. 7-29-99; revised 8-30-99.)
27 Section 15. The Illinois Marriage and Dissolution of
28 Marriage Act is amended by changing Sections 504 and 505 as
29 follows:
30 (750 ILCS 5/504) (from Ch. 40, par. 504)
31 Sec. 504. Maintenance.
32 (a) In a proceeding for dissolution of marriage or legal
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1 separation or declaration of invalidity of marriage, or a
2 proceeding for maintenance following dissolution of the
3 marriage by a court which lacked personal jurisdiction over
4 the absent spouse, the court may grant a temporary or
5 permanent maintenance award for either spouse in amounts and
6 for periods of time as the court deems just, without regard
7 to marital misconduct, in gross or for fixed or indefinite
8 periods of time, and the maintenance may be paid from the
9 income or property of the other spouse after consideration of
10 all relevant factors, including:
11 (1) the income and property of each party,
12 including marital property apportioned and non-marital
13 property assigned to the party seeking maintenance;
14 (2) the needs of each party;
15 (3) the present and future earning capacity of each
16 party;
17 (4) any impairment of the present and future
18 earning capacity of the party seeking maintenance due to
19 that party devoting time to domestic duties or having
20 forgone or delayed education, training, employment, or
21 career opportunities due to the marriage;
22 (5) the time necessary to enable the party seeking
23 maintenance to acquire appropriate education, training,
24 and employment, and whether that party is able to support
25 himself or herself through appropriate employment or is
26 the custodian of a child making it appropriate that the
27 custodian not seek employment;
28 (6) the standard of living established during the
29 marriage;
30 (7) the duration of the marriage;
31 (8) the age and the physical and emotional
32 condition of both parties;
33 (9) the tax consequences of the property division
34 upon the respective economic circumstances of the
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1 parties;
2 (10) contributions and services by the party
3 seeking maintenance to the education, training, career or
4 career potential, or license of the other spouse;
5 (11) any valid agreement of the parties; and
6 (12) any other factor that the court expressly
7 finds to be just and equitable.
8 An order entered under this Section may include a
9 provision that automatically increases or decreases, as
10 applicable, the amount payable as maintenance by a percentage
11 equal to the percentage change in the consumer price index-u
12 during the preceding 12-month calendar year as certified to
13 the clerk of the court by the Bureau of the Budget pursuant
14 to Section 2.8 of the Bureau of the Budget Act. After
15 receiving notice of such a change in the consumer price
16 index-u from the Bureau of the Budget, the clerk shall
17 promptly give written notice of that change and the resulting
18 change in the amount payable as maintenance to the obligor,
19 the obligee, and the payor. The change in the amount payable
20 as maintenance shall take effect on the first day of the
21 month in the month that begins at least 10 days after the
22 clerk gives the notice required in this paragraph. In this
23 paragraph, "obligor", "obligee", and "payor" have the
24 meanings ascribed to those terms in the Income Withholding
25 for Support Act.
26 (b) (Blank).
27 (c) The court may grant and enforce the payment of
28 maintenance during the pendency of an appeal as the court
29 shall deem reasonable and proper.
30 (d) No maintenance shall accrue during the period in
31 which a party is imprisoned for failure to comply with the
32 court's order for the payment of such maintenance.
33 (e) When maintenance is to be paid through the clerk of
34 the court in a county of 1,000,000 inhabitants or less, the
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1 order shall direct the obligor to pay to the clerk, in
2 addition to the maintenance payments, all fees imposed by the
3 county board under paragraph (3) of subsection (u) of Section
4 27.1 of the Clerks of Courts Act. Unless paid in cash or
5 pursuant to an order for withholding, the payment of the fee
6 shall be by a separate instrument from the support payment
7 and shall be made to the order of the Clerk.
8 (Source: P.A. 91-357, eff. 7-29-99.)
9 (750 ILCS 5/505) (from Ch. 40, par. 505)
10 (Text of Section before amendment by P.A. 91-655)
11 Sec. 505. Child support; contempt; penalties.
12 (a) In a proceeding for dissolution of marriage, legal
13 separation, declaration of invalidity of marriage, a
14 proceeding for child support following dissolution of the
15 marriage by a court which lacked personal jurisdiction over
16 the absent spouse, a proceeding for modification of a
17 previous order for child support under Section 510 of this
18 Act, or any proceeding authorized under Section 501 or 601 of
19 this Act, the court may order either or both parents owing a
20 duty of support to a child of the marriage to pay an amount
21 reasonable and necessary for his support, without regard to
22 marital misconduct. The duty of support owed to a minor
23 child includes the obligation to provide for the reasonable
24 and necessary physical, mental and emotional health needs of
25 the child.
26 (1) The Court shall determine the minimum amount of
27 support by using the following guidelines:
28 Number of Children Percent of Supporting Party's
29 Net Income
30 1 20%
31 2 25%
32 3 32%
33 4 40%
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1 5 45%
2 6 or more 50%
3 (2) The above guidelines shall be applied in each
4 case unless the court makes a finding that application of
5 the guidelines would be inappropriate, after considering
6 the best interests of the child in light of evidence
7 including but not limited to one or more of the following
8 relevant factors:
9 (a) the financial resources and needs of the
10 child;
11 (b) the financial resources and needs of the
12 custodial parent;
13 (c) the standard of living the child would
14 have enjoyed had the marriage not been dissolved;
15 (d) the physical and emotional condition of
16 the child, and his educational needs; and
17 (e) the financial resources and needs of the
18 non-custodial parent.
19 If the court deviates from the guidelines, the
20 court's finding shall state the amount of support that
21 would have been required under the guidelines, if
22 determinable. The court shall include the reason or
23 reasons for the variance from the guidelines.
24 (3) "Net income" is defined as the total of all
25 income from all sources, minus the following deductions:
26 (a) Federal income tax (properly calculated
27 withholding or estimated payments);
28 (b) State income tax (properly calculated
29 withholding or estimated payments);
30 (c) Social Security (FICA payments);
31 (d) Mandatory retirement contributions
32 required by law or as a condition of employment;
33 (e) Union dues;
34 (f) Dependent and individual
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1 health/hospitalization insurance premiums;
2 (g) Prior obligations of support or
3 maintenance actually paid pursuant to a court order;
4 (h) Expenditures for repayment of debts that
5 represent reasonable and necessary expenses for the
6 production of income, medical expenditures necessary
7 to preserve life or health, reasonable expenditures
8 for the benefit of the child and the other parent,
9 exclusive of gifts. The court shall reduce net
10 income in determining the minimum amount of support
11 to be ordered only for the period that such payments
12 are due and shall enter an order containing
13 provisions for its self-executing modification upon
14 termination of such payment period.
15 (4) In cases where the court order provides for
16 health/hospitalization insurance coverage pursuant to
17 Section 505.2 of this Act, the premiums for that
18 insurance, or that portion of the premiums for which the
19 supporting party is responsible in the case of insurance
20 provided through an employer's health insurance plan
21 where the employer pays a portion of the premiums, shall
22 be subtracted from net income in determining the minimum
23 amount of support to be ordered.
24 (4.5) In a proceeding for child support following
25 dissolution of the marriage by a court that lacked
26 personal jurisdiction over the absent spouse, and in
27 which the court is requiring payment of support for the
28 period before the date an order for current support is
29 entered, there is a rebuttable presumption that the
30 supporting party's net income for the prior period was
31 the same as his or her net income at the time the order
32 for current support is entered.
33 (5) If the net income cannot be determined because
34 of default or any other reason, the court shall order
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1 support in an amount considered reasonable in the
2 particular case. The final order in all cases shall
3 state the support level in dollar amounts.
4 (a-5) In an action to enforce an order for support based
5 on the respondent's failure to make support payments as
6 required by the order, notice of proceedings to hold the
7 respondent in contempt for that failure may be served on the
8 respondent by personal service or by regular mail addressed
9 to the respondent's last known address. The respondent's
10 last known address may be determined from records of the
11 clerk of the court, from the Federal Case Registry of Child
12 Support Orders, or by any other reasonable means.
13 (b) Failure of either parent to comply with an order to
14 pay support shall be punishable as in other cases of
15 contempt. In addition to other penalties provided by law the
16 Court may, after finding the parent guilty of contempt, order
17 that the parent be:
18 (1) placed on probation with such conditions of
19 probation as the Court deems advisable;
20 (2) sentenced to periodic imprisonment for a period
21 not to exceed 6 months; provided, however, that the Court
22 may permit the parent to be released for periods of time
23 during the day or night to:
24 (A) work; or
25 (B) conduct a business or other self-employed
26 occupation.
27 The Court may further order any part or all of the
28 earnings of a parent during a sentence of periodic
29 imprisonment paid to the Clerk of the Circuit Court or to the
30 parent having custody or to the guardian having custody of
31 the minor children of the sentenced parent for the support of
32 said minor children until further order of the Court.
33 If there is a unity of interest and ownership sufficient
34 to render no financial separation between a non-custodial
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1 parent and another person or persons or business entity, the
2 court may pierce the ownership veil of the person, persons,
3 or business entity to discover assets of the non-custodial
4 parent held in the name of that person, those persons, or
5 that business entity. The following circumstances are
6 sufficient to authorize a court to order discovery of the
7 assets of a person, persons, or business entity and to compel
8 the application of any discovered assets toward payment on
9 the judgment for support:
10 (1) the non-custodial parent and the person,
11 persons, or business entity maintain records together.
12 (2) the non-custodial parent and the person,
13 persons, or business entity fail to maintain an arms
14 length relationship between themselves with regard to any
15 assets.
16 (3) the non-custodial parent transfers assets to
17 the person, persons, or business entity with the intent
18 to perpetrate a fraud on the custodial parent.
19 With respect to assets which are real property, no order
20 entered under this paragraph shall affect the rights of bona
21 fide purchasers, mortgagees, judgment creditors, or other
22 lien holders who acquire their interests in the property
23 prior to the time a notice of lis pendens pursuant to the
24 Code of Civil Procedure or a copy of the order is placed of
25 record in the office of the recorder of deeds for the county
26 in which the real property is located.
27 The court may also order in cases where the parent is 90
28 days or more delinquent in payment of support or has been
29 adjudicated in arrears in an amount equal to 90 days
30 obligation or more, that the parent's Illinois driving
31 privileges be suspended until the court determines that the
32 parent is in compliance with the order of support. The court
33 may also order that the parent be issued a family financial
34 responsibility driving permit that would allow limited
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1 driving privileges for employment and medical purposes in
2 accordance with Section 7-702.1 of the Illinois Vehicle Code.
3 The clerk of the circuit court shall certify the order
4 suspending the driving privileges of the parent or granting
5 the issuance of a family financial responsibility driving
6 permit to the Secretary of State on forms prescribed by the
7 Secretary. Upon receipt of the authenticated documents, the
8 Secretary of State shall suspend the parent's driving
9 privileges until further order of the court and shall, if
10 ordered by the court, subject to the provisions of Section
11 7-702.1 of the Illinois Vehicle Code, issue a family
12 financial responsibility driving permit to the parent.
13 In addition to the penalties or punishment that may be
14 imposed under this Section, any person whose conduct
15 constitutes a violation of Section 15 1 of the Non-Support
16 Punishment of Spouse and Children Act may be prosecuted under
17 that Act Section, and a person convicted under that Act
18 Section may be sentenced in accordance with that Act Section.
19 The sentence may include but need not be limited to a
20 requirement that the person perform community service under
21 Section 50 subsection (b) of that Act Section or participate
22 in a work alternative program under Section 50 subsection (c)
23 of that Act Section. A person may not be required to
24 participate in a work alternative program under Section 50
25 subsection (c) of that Act Section if the person is currently
26 participating in a work program pursuant to Section 505.1 of
27 this Act.
28 A support obligation, or any portion of a support
29 obligation, which becomes due and remains unpaid for 30 days
30 or more shall accrue interest at the rate of 9% per annum.
31 (c) A one-time charge of 20% is imposable upon the
32 amount of past-due child support owed on July 1, 1988 which
33 has accrued under a support order entered by the court. The
34 charge shall be imposed in accordance with the provisions of
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1 Section 10-21 of the Illinois Public Aid Code and shall be
2 enforced by the court upon petition.
3 (d) Any new or existing support order entered by the
4 court under this Section shall be deemed to be a series of
5 judgments against the person obligated to pay support
6 thereunder, each such judgment to be in the amount of each
7 payment or installment of support and each such judgment to
8 be deemed entered as of the date the corresponding payment or
9 installment becomes due under the terms of the support order.
10 Each such judgment shall have the full force, effect and
11 attributes of any other judgment of this State, including the
12 ability to be enforced. A lien arises by operation of law
13 against the real and personal property of the noncustodial
14 parent for each installment of overdue support owed by the
15 noncustodial parent.
16 (e) When child support is to be paid through the clerk
17 of the court in a county of 1,000,000 inhabitants or less,
18 the order shall direct the obligor to pay to the clerk, in
19 addition to the child support payments, all fees imposed by
20 the county board under paragraph (3) of subsection (u) of
21 Section 27.1 of the Clerks of Courts Act. Unless paid in
22 cash or pursuant to an order for withholding, the payment of
23 the fee shall be by a separate instrument from the support
24 payment and shall be made to the order of the Clerk.
25 (f) All orders for support, when entered or modified,
26 shall include a provision requiring the obligor to notify the
27 court and, in cases in which a party is receiving child and
28 spouse services under Article X of the Illinois Public Aid
29 Code, the Illinois Department of Public Aid, within 7 days,
30 (i) of the name and address of any new employer of the
31 obligor, (ii) whether the obligor has access to health
32 insurance coverage through the employer or other group
33 coverage and, if so, the policy name and number and the names
34 of persons covered under the policy, and (iii) of any new
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1 residential or mailing address or telephone number of the
2 non-custodial parent. In any subsequent action to enforce a
3 support order, upon a sufficient showing that a diligent
4 effort has been made to ascertain the location of the
5 non-custodial parent, service of process or provision of
6 notice necessary in the case may be made at the last known
7 address of the non-custodial parent in any manner expressly
8 provided by the Code of Civil Procedure or this Act, which
9 service shall be sufficient for purposes of due process.
10 (g) An order for support shall include a date on which
11 the current support obligation terminates. The termination
12 date shall be no earlier than the date on which the child
13 covered by the order will attain the age of majority or is
14 otherwise emancipated. The order for support shall state that
15 the termination date does not apply to any arrearage that may
16 remain unpaid on that date. Nothing in this subsection shall
17 be construed to prevent the court from modifying the order.
18 (h) An order entered under this Section shall include a
19 provision requiring the obligor to report to the obligee and
20 to the clerk of court within 10 days each time the obligor
21 obtains new employment, and each time the obligor's
22 employment is terminated for any reason. The report shall be
23 in writing and shall, in the case of new employment, include
24 the name and address of the new employer. Failure to report
25 new employment or the termination of current employment, if
26 coupled with nonpayment of support for a period in excess of
27 60 days, is indirect criminal contempt. For any obligor
28 arrested for failure to report new employment bond shall be
29 set in the amount of the child support that should have been
30 paid during the period of unreported employment. An order
31 entered under this Section shall also include a provision
32 requiring the obligor and obligee parents to advise each
33 other of a change in residence within 5 days of the change
34 except when the court finds that the physical, mental, or
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1 emotional health of a party or that of a minor child, or
2 both, would be seriously endangered by disclosure of the
3 party's address.
4 (Source: P.A. 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
5 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-733, eff.
6 8-11-98; 91-113, eff. 7-15-99; 91-397, eff. 1-1-00; revised
7 10-13-99.)
8 (Text of Section after amendment by P.A. 91-655)
9 Sec. 505. Child support; contempt; penalties.
10 (a) In a proceeding for dissolution of marriage, legal
11 separation, declaration of invalidity of marriage, a
12 proceeding for child support following dissolution of the
13 marriage by a court which lacked personal jurisdiction over
14 the absent spouse, a proceeding for modification of a
15 previous order for child support under Section 510 of this
16 Act, or any proceeding authorized under Section 501 or 601 of
17 this Act, the court may order either or both parents owing a
18 duty of support to a child of the marriage to pay an amount
19 reasonable and necessary for his support, without regard to
20 marital misconduct. The duty of support owed to a minor
21 child includes the obligation to provide for the reasonable
22 and necessary physical, mental and emotional health needs of
23 the child.
24 (1) The Court shall determine the minimum amount of
25 support by using the following guidelines:
26 Number of Children Percent of Supporting Party's
27 Net Income
28 1 20%
29 2 25%
30 3 32%
31 4 40%
32 5 45%
33 6 or more 50%
34 (2) The above guidelines shall be applied in each
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1 case unless the court makes a finding that application of
2 the guidelines would be inappropriate, after considering
3 the best interests of the child in light of evidence
4 including but not limited to one or more of the following
5 relevant factors:
6 (a) the financial resources and needs of the
7 child;
8 (b) the financial resources and needs of the
9 custodial parent;
10 (c) the standard of living the child would
11 have enjoyed had the marriage not been dissolved;
12 (d) the physical and emotional condition of
13 the child, and his educational needs; and
14 (e) the financial resources and needs of the
15 non-custodial parent.
16 If the court deviates from the guidelines, the
17 court's finding shall state the amount of support that
18 would have been required under the guidelines, if
19 determinable. The court shall include the reason or
20 reasons for the variance from the guidelines.
21 (3) "Net income" is defined as the total of all
22 income from all sources, minus the following deductions:
23 (a) Federal income tax (properly calculated
24 withholding or estimated payments);
25 (b) State income tax (properly calculated
26 withholding or estimated payments);
27 (c) Social Security (FICA payments);
28 (d) Mandatory retirement contributions
29 required by law or as a condition of employment;
30 (e) Union dues;
31 (f) Dependent and individual
32 health/hospitalization insurance premiums;
33 (g) Prior obligations of support or
34 maintenance actually paid pursuant to a court order;
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1 (h) Expenditures for repayment of debts that
2 represent reasonable and necessary expenses for the
3 production of income, medical expenditures necessary
4 to preserve life or health, reasonable expenditures
5 for the benefit of the child and the other parent,
6 exclusive of gifts. The court shall reduce net
7 income in determining the minimum amount of support
8 to be ordered only for the period that such payments
9 are due and shall enter an order containing
10 provisions for its self-executing modification upon
11 termination of such payment period.
12 (4) In cases where the court order provides for
13 health/hospitalization insurance coverage pursuant to
14 Section 505.2 of this Act, the premiums for that
15 insurance, or that portion of the premiums for which the
16 supporting party is responsible in the case of insurance
17 provided through an employer's health insurance plan
18 where the employer pays a portion of the premiums, shall
19 be subtracted from net income in determining the minimum
20 amount of support to be ordered.
21 (4.5) In a proceeding for child support following
22 dissolution of the marriage by a court that lacked
23 personal jurisdiction over the absent spouse, and in
24 which the court is requiring payment of support for the
25 period before the date an order for current support is
26 entered, there is a rebuttable presumption that the
27 supporting party's net income for the prior period was
28 the same as his or her net income at the time the order
29 for current support is entered.
30 (5) If the net income cannot be determined because
31 of default or any other reason, the court shall order
32 support in an amount considered reasonable in the
33 particular case. The final order in all cases shall
34 state the support level in dollar amounts. However, if
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1 the court finds that the child support amount cannot be
2 expressed exclusively as a dollar amount because all or a
3 portion of the payor's net income is uncertain as to
4 source, time of payment, or amount, the court may order a
5 percentage amount of support in addition to a specific
6 dollar amount and enter such other orders as may be
7 necessary to determine and enforce, on a timely basis,
8 the applicable support ordered.
9 An order entered under this Section may include a
10 provision that automatically increases or decreases, as
11 applicable, the amount payable as child support by a
12 percentage equal to the percentage change in the consumer
13 price index-u during the preceding 12-month calendar year as
14 certified to the clerk of the court by the Bureau of the
15 Budget pursuant to Section 2.8 of the Bureau of the Budget
16 Act. After receiving notice of such a change in the consumer
17 price index-u from the Bureau of the Budget, the clerk shall
18 promptly give written notice of that change and the resulting
19 change in the amount payable as child support to the obligor,
20 the obligee, and the payor. The change in the amount payable
21 as child support shall take effect on the first day of the
22 month in the month that begins at least 10 days after the
23 clerk gives the notice required in this paragraph. In this
24 paragraph, "obligor", "obligee", and "payor" have the
25 meanings ascribed to those terms in the Income Withholding
26 for Support Act.
27 (a-5) In an action to enforce an order for support based
28 on the respondent's failure to make support payments as
29 required by the order, notice of proceedings to hold the
30 respondent in contempt for that failure may be served on the
31 respondent by personal service or by regular mail addressed
32 to the respondent's last known address. The respondent's
33 last known address may be determined from records of the
34 clerk of the court, from the Federal Case Registry of Child
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1 Support Orders, or by any other reasonable means.
2 (b) Failure of either parent to comply with an order to
3 pay support shall be punishable as in other cases of
4 contempt. In addition to other penalties provided by law the
5 Court may, after finding the parent guilty of contempt, order
6 that the parent be:
7 (1) placed on probation with such conditions of
8 probation as the Court deems advisable;
9 (2) sentenced to periodic imprisonment for a period
10 not to exceed 6 months; provided, however, that the Court
11 may permit the parent to be released for periods of time
12 during the day or night to:
13 (A) work; or
14 (B) conduct a business or other self-employed
15 occupation.
16 The Court may further order any part or all of the
17 earnings of a parent during a sentence of periodic
18 imprisonment paid to the Clerk of the Circuit Court or to the
19 parent having custody or to the guardian having custody of
20 the minor children of the sentenced parent for the support of
21 said minor children until further order of the Court.
22 If there is a unity of interest and ownership sufficient
23 to render no financial separation between a non-custodial
24 parent and another person or persons or business entity, the
25 court may pierce the ownership veil of the person, persons,
26 or business entity to discover assets of the non-custodial
27 parent held in the name of that person, those persons, or
28 that business entity. The following circumstances are
29 sufficient to authorize a court to order discovery of the
30 assets of a person, persons, or business entity and to compel
31 the application of any discovered assets toward payment on
32 the judgment for support:
33 (1) the non-custodial parent and the person,
34 persons, or business entity maintain records together.
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1 (2) the non-custodial parent and the person,
2 persons, or business entity fail to maintain an arms
3 length relationship between themselves with regard to any
4 assets.
5 (3) the non-custodial parent transfers assets to
6 the person, persons, or business entity with the intent
7 to perpetrate a fraud on the custodial parent.
8 With respect to assets which are real property, no order
9 entered under this paragraph shall affect the rights of bona
10 fide purchasers, mortgagees, judgment creditors, or other
11 lien holders who acquire their interests in the property
12 prior to the time a notice of lis pendens pursuant to the
13 Code of Civil Procedure or a copy of the order is placed of
14 record in the office of the recorder of deeds for the county
15 in which the real property is located.
16 The court may also order in cases where the parent is 90
17 days or more delinquent in payment of support or has been
18 adjudicated in arrears in an amount equal to 90 days
19 obligation or more, that the parent's Illinois driving
20 privileges be suspended until the court determines that the
21 parent is in compliance with the order of support. The court
22 may also order that the parent be issued a family financial
23 responsibility driving permit that would allow limited
24 driving privileges for employment and medical purposes in
25 accordance with Section 7-702.1 of the Illinois Vehicle Code.
26 The clerk of the circuit court shall certify the order
27 suspending the driving privileges of the parent or granting
28 the issuance of a family financial responsibility driving
29 permit to the Secretary of State on forms prescribed by the
30 Secretary. Upon receipt of the authenticated documents, the
31 Secretary of State shall suspend the parent's driving
32 privileges until further order of the court and shall, if
33 ordered by the court, subject to the provisions of Section
34 7-702.1 of the Illinois Vehicle Code, issue a family
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1 financial responsibility driving permit to the parent.
2 In addition to the penalties or punishment that may be
3 imposed under this Section, any person whose conduct
4 constitutes a violation of Section 15 1 of the Non-Support
5 Punishment of Spouse and Children Act may be prosecuted under
6 that Act Section, and a person convicted under that Act
7 Section may be sentenced in accordance with that Act Section.
8 The sentence may include but need not be limited to a
9 requirement that the person perform community service under
10 Section 50 subsection (b) of that Act Section or participate
11 in a work alternative program under Section 50 subsection (c)
12 of that Act Section. A person may not be required to
13 participate in a work alternative program under Section 50
14 subsection (c) of that Act Section if the person is currently
15 participating in a work program pursuant to Section 505.1 of
16 this Act.
17 A support obligation, or any portion of a support
18 obligation, which becomes due and remains unpaid for 30 days
19 or more shall accrue interest at the rate of 9% per annum.
20 (c) A one-time charge of 20% is imposable upon the
21 amount of past-due child support owed on July 1, 1988 which
22 has accrued under a support order entered by the court. The
23 charge shall be imposed in accordance with the provisions of
24 Section 10-21 of the Illinois Public Aid Code and shall be
25 enforced by the court upon petition.
26 (d) Any new or existing support order entered by the
27 court under this Section shall be deemed to be a series of
28 judgments against the person obligated to pay support
29 thereunder, each such judgment to be in the amount of each
30 payment or installment of support and each such judgment to
31 be deemed entered as of the date the corresponding payment or
32 installment becomes due under the terms of the support order.
33 Each such judgment shall have the full force, effect and
34 attributes of any other judgment of this State, including the
-27- LRB9111860DJcd
1 ability to be enforced. A lien arises by operation of law
2 against the real and personal property of the noncustodial
3 parent for each installment of overdue support owed by the
4 noncustodial parent.
5 (e) When child support is to be paid through the clerk
6 of the court in a county of 1,000,000 inhabitants or less,
7 the order shall direct the obligor to pay to the clerk, in
8 addition to the child support payments, all fees imposed by
9 the county board under paragraph (3) of subsection (u) of
10 Section 27.1 of the Clerks of Courts Act. Unless paid in
11 cash or pursuant to an order for withholding, the payment of
12 the fee shall be by a separate instrument from the support
13 payment and shall be made to the order of the Clerk.
14 (f) All orders for support, when entered or modified,
15 shall include a provision requiring the obligor to notify the
16 court and, in cases in which a party is receiving child and
17 spouse services under Article X of the Illinois Public Aid
18 Code, the Illinois Department of Public Aid, within 7 days,
19 (i) of the name and address of any new employer of the
20 obligor, (ii) whether the obligor has access to health
21 insurance coverage through the employer or other group
22 coverage and, if so, the policy name and number and the names
23 of persons covered under the policy, and (iii) of any new
24 residential or mailing address or telephone number of the
25 non-custodial parent. In any subsequent action to enforce a
26 support order, upon a sufficient showing that a diligent
27 effort has been made to ascertain the location of the
28 non-custodial parent, service of process or provision of
29 notice necessary in the case may be made at the last known
30 address of the non-custodial parent in any manner expressly
31 provided by the Code of Civil Procedure or this Act, which
32 service shall be sufficient for purposes of due process.
33 (g) An order for support shall include a date on which
34 the current support obligation terminates. The termination
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1 date shall be no earlier than the date on which the child
2 covered by the order will attain the age of majority or is
3 otherwise emancipated. The order for support shall state
4 that the termination date does not apply to any arrearage
5 that may remain unpaid on that date. Nothing in this
6 subsection shall be construed to prevent the court from
7 modifying the order.
8 (h) An order entered under this Section shall include a
9 provision requiring the obligor to report to the obligee and
10 to the clerk of court within 10 days each time the obligor
11 obtains new employment, and each time the obligor's
12 employment is terminated for any reason. The report shall be
13 in writing and shall, in the case of new employment, include
14 the name and address of the new employer. Failure to report
15 new employment or the termination of current employment, if
16 coupled with nonpayment of support for a period in excess of
17 60 days, is indirect criminal contempt. For any obligor
18 arrested for failure to report new employment bond shall be
19 set in the amount of the child support that should have been
20 paid during the period of unreported employment. An order
21 entered under this Section shall also include a provision
22 requiring the obligor and obligee parents to advise each
23 other of a change in residence within 5 days of the change
24 except when the court finds that the physical, mental, or
25 emotional health of a party or that of a minor child, or
26 both, would be seriously endangered by disclosure of the
27 party's address.
28 (Source: P.A. 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
29 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-733, eff.
30 8-11-98; 91-113, eff. 7-15-99; 91-397, eff. 1-1-00; 91-655,
31 eff. 6-1-00; revised 12-29-99.)
32 Section 20. The Illinois Parentage Act of 1984 is
33 amended by changing Section 14 as follows:
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1 (750 ILCS 45/14) (from Ch. 40, par. 2514)
2 Sec. 14. Judgment.
3 (a) (1) The judgment shall contain or explicitly reserve
4 provisions concerning any duty and amount of child support
5 and may contain provisions concerning the custody and
6 guardianship of the child, visitation privileges with the
7 child, the furnishing of bond or other security for the
8 payment of the judgment, which the court shall determine in
9 accordance with the relevant factors set forth in the
10 Illinois Marriage and Dissolution of Marriage Act and any
11 other applicable law of Illinois, to guide the court in a
12 finding in the best interests of the child. In determining
13 custody, joint custody, or visitation, the court shall apply
14 the relevant standards of the Illinois Marriage and
15 Dissolution of Marriage Act. Specifically, in determining the
16 amount of any child support award, the court shall use the
17 guidelines and standards set forth in subsection (a) of
18 Section 505 and in Section 505.2 of the Illinois Marriage and
19 Dissolution of Marriage Act. For purposes of Section 505 of
20 the Illinois Marriage and Dissolution of Marriage Act, "net
21 income" of the non-custodial parent shall include any
22 benefits available to that person under the Illinois Public
23 Aid Code or from other federal, State or local
24 government-funded programs. The court shall, in any event
25 and regardless of the amount of the non-custodial parent's
26 net income, in its judgment order the non-custodial parent to
27 pay child support to the custodial parent in a minimum amount
28 of not less than $10 per month. In an action brought within 2
29 years after a child's birth, the judgment or order may direct
30 either parent to pay the reasonable expenses incurred by
31 either parent related to the mother's pregnancy and the
32 delivery of the child. The judgment or order shall contain
33 the father's social security number, which the father shall
34 disclose to the court; however, failure to include the
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1 father's social security number on the judgment or order does
2 not invalidate the judgment or order.
3 (2) If a judgment of parentage contains no explicit
4 award of custody, the establishment of a support obligation
5 or of visitation rights in one parent shall be considered a
6 judgment granting custody to the other parent. If the
7 parentage judgment contains no such provisions, custody shall
8 be presumed to be with the mother; however, the presumption
9 shall not apply if the father has had physical custody for at
10 least 6 months prior to the date that the mother seeks to
11 enforce custodial rights.
12 (b) The court shall order all child support payments,
13 determined in accordance with such guidelines, to commence
14 with the date summons is served. The level of current
15 periodic support payments shall not be reduced because of
16 payments set for the period prior to the date of entry of the
17 support order. The Court may order any child support
18 payments to be made for a period prior to the commencement of
19 the action. In determining whether and the extent to which
20 the payments shall be made for any prior period, the court
21 shall consider all relevant facts, including the factors for
22 determining the amount of support specified in the Illinois
23 Marriage and Dissolution of Marriage Act and other equitable
24 factors including but not limited to:
25 (1) The father's prior knowledge of the fact and
26 circumstances of the child's birth.
27 (2) The father's prior willingness or refusal to
28 help raise or support the child.
29 (3) The extent to which the mother or the public
30 agency bringing the action previously informed the father
31 of the child's needs or attempted to seek or require his
32 help in raising or supporting the child.
33 (4) The reasons the mother or the public agency did
34 not file the action earlier.
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1 (5) The extent to which the father would be
2 prejudiced by the delay in bringing the action.
3 For purposes of determining the amount of child support
4 to be paid for any period before the date the order for
5 current child support is entered, there is a rebuttable
6 presumption that the father's net income for the prior period
7 was the same as his net income at the time the order for
8 current child support is entered.
9 An order entered under this Section may include a
10 provision that automatically increases or decreases, as
11 applicable, the amount payable as child support by a
12 percentage equal to the percentage change in the consumer
13 price index-u during the preceding 12-month calendar year as
14 certified to the clerk of the court by the Bureau of the
15 Budget pursuant to Section 2.8 of the Bureau of the Budget
16 Act. After receiving notice of such a change in the consumer
17 price index-u from the Bureau of the Budget, the clerk shall
18 promptly give written notice of that change and the resulting
19 change in the amount payable as child support to the obligor,
20 the obligee, and the payor. The change in the amount payable
21 as child support shall take effect on the first day of the
22 month in the month that begins at least 10 days after the
23 clerk gives the notice required in this paragraph. In this
24 paragraph, "obligor", "obligee", and "payor" have the
25 meanings ascribed to those terms in the Income Withholding
26 for Support Act.
27 (c) Any new or existing support order entered by the
28 court under this Section shall be deemed to be a series of
29 judgments against the person obligated to pay support
30 thereunder, each judgment to be in the amount of each payment
31 or installment of support and each such judgment to be deemed
32 entered as of the date the corresponding payment or
33 installment becomes due under the terms of the support order.
34 Each judgment shall have the full force, effect and
-32- LRB9111860DJcd
1 attributes of any other judgment of this State, including the
2 ability to be enforced. A lien arises by operation of law
3 against the real and personal property of the noncustodial
4 parent for each installment of overdue support owed by the
5 noncustodial parent.
6 (d) If the judgment or order of the court is at variance
7 with the child's birth certificate, the court shall order
8 that a new birth certificate be issued under the Vital
9 Records Act.
10 (e) On request of the mother and the father, the court
11 shall order a change in the child's name. After hearing
12 evidence the court may stay payment of support during the
13 period of the father's minority or period of disability.
14 (f) If, upon a showing of proper service, the father
15 fails to appear in court, or otherwise appear as provided by
16 law, the court may proceed to hear the cause upon testimony
17 of the mother or other parties taken in open court and shall
18 enter a judgment by default. The court may reserve any order
19 as to the amount of child support until the father has
20 received notice, by regular mail, of a hearing on the matter.
21 (g) A one-time charge of 20% is imposable upon the
22 amount of past-due child support owed on July 1, 1988 which
23 has accrued under a support order entered by the court. The
24 charge shall be imposed in accordance with the provisions of
25 Section 10-21 of the Illinois Public Aid Code and shall be
26 enforced by the court upon petition.
27 (h) All orders for support, when entered or modified,
28 shall include a provision requiring the non-custodial parent
29 to notify the court and, in cases in which party is receiving
30 child and spouse support services under Article X of the
31 Illinois Public Aid Code, the Illinois Department of Public
32 Aid, within 7 days, (i) of the name and address of any new
33 employer of the non-custodial parent, (ii) whether the
34 non-custodial parent has access to health insurance coverage
-33- LRB9111860DJcd
1 through the employer or other group coverage and, if so, the
2 policy name and number and the names of persons covered under
3 the policy, and (iii) of any new residential or mailing
4 address or telephone number of the non-custodial parent. In
5 any subsequent action to enforce a support order, upon a
6 sufficient showing that a diligent effort has been made to
7 ascertain the location of the non-custodial parent, service
8 of process or provision of notice necessary in the case may
9 be made at the last known address of the non-custodial parent
10 in any manner expressly provided by the Code of Civil
11 Procedure or this Act, which service shall be sufficient for
12 purposes of due process.
13 (i) An order for support shall include a date on which
14 the current support obligation terminates. The termination
15 date shall be no earlier than the date on which the child
16 covered by the order will attain the age of majority or is
17 otherwise emancipated. The order for support shall state
18 that the termination date does not apply to any arrearage
19 that may remain unpaid on that date. Nothing in this
20 subsection shall be construed to prevent the court from
21 modifying the order.
22 (j) An order entered under this Section shall include a
23 provision requiring the obligor to report to the obligee and
24 to the clerk of court within 10 days each time the obligor
25 obtains new employment, and each time the obligor's
26 employment is terminated for any reason. The report shall be
27 in writing and shall, in the case of new employment, include
28 the name and address of the new employer. Failure to report
29 new employment or the termination of current employment, if
30 coupled with nonpayment of support for a period in excess of
31 60 days, is indirect criminal contempt. For any obligor
32 arrested for failure to report new employment bond shall be
33 set in the amount of the child support that should have been
34 paid during the period of unreported employment. An order
-34- LRB9111860DJcd
1 entered under this Section shall also include a provision
2 requiring the obligor and obligee parents to advise each
3 other of a change in residence within 5 days of the change
4 except when the court finds that the physical, mental, or
5 emotional health of a party or that of a minor child, or
6 both, would be seriously endangered by disclosure of the
7 party's address.
8 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
9 90-655, eff. 7-30-98.)
10 Section 95. No acceleration or delay. Where this Act
11 makes changes in a statute that is represented in this Act by
12 text that is not yet or no longer in effect (for example, a
13 Section represented by multiple versions), the use of that
14 text does not accelerate or delay the taking effect of (i)
15 the changes made by this Act or (ii) provisions derived from
16 any other Public Act.