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91_HB4613
LRB9111861DJcd
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 Illinois Public Aid Code is amended by
5 changing Section 10-10 as follows:
6 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
7 Sec. 10-10. Court enforcement; applicability also to
8 persons who are not applicants or recipients. Except where
9 the Illinois Department, by agreement, acts for the local
10 governmental unit, as provided in Section 10-3.1, local
11 governmental units shall refer to the State's Attorney or to
12 the proper legal representative of the governmental unit, for
13 judicial enforcement as herein provided, instances of
14 non-support or insufficient support when the dependents are
15 applicants or recipients under Article VI. The Child and
16 Spouse Support Unit established by Section 10-3.1 may
17 institute in behalf of the Illinois Department any actions
18 under this Section for judicial enforcement of the support
19 liability when the dependents are (a) applicants or
20 recipients under Articles III, IV, V or VII (b) applicants or
21 recipients in a local governmental unit when the Illinois
22 Department, by agreement, acts for the unit; or (c)
23 non-applicants or non-recipients who are receiving support
24 enforcement services under this Article X, as provided in
25 Section 10-1. Where the Child and Spouse Support Unit has
26 exercised its option and discretion not to apply the
27 provisions of Sections 10-3 through 10-8, the failure by the
28 Unit to apply such provisions shall not be a bar to bringing
29 an action under this Section.
30 Action shall be brought in the circuit court to obtain
31 support, or for the recovery of aid granted during the period
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1 such support was not provided, or both for the obtainment of
2 support and the recovery of the aid provided. Actions for
3 the recovery of aid may be taken separately or they may be
4 consolidated with actions to obtain support. Such actions
5 may be brought in the name of the person or persons requiring
6 support, or may be brought in the name of the Illinois
7 Department or the local governmental unit, as the case
8 requires, in behalf of such persons.
9 The court may enter such orders for the payment of moneys
10 for the support of the person as may be just and equitable
11 and may direct payment thereof for such period or periods of
12 time as the circumstances require, including support for a
13 period before the date the order for support is entered. The
14 order may be entered against any or all of the defendant
15 responsible relatives and may be based upon the proportionate
16 ability of each to contribute to the person's support.
17 The Court shall determine the amount of child support
18 (including child support for a period before the date the
19 order for child support is entered) by using the guidelines
20 and standards set forth in subsection (a) of Section 505 and
21 in Section 505.2 of the Illinois Marriage and Dissolution of
22 Marriage Act. For purposes of determining the amount of child
23 support to be paid for a period before the date the order for
24 child support is entered, there is a rebuttable presumption
25 that the responsible relative's net income for that period
26 was the same as his or her net income at the time the order
27 is entered.
28 An order entered under this Section shall include a
29 provision requiring the obligor and the obligee to provide
30 each other with copies of the federal income tax returns that
31 the parties file for each taxable year in which the order for
32 support is in effect, whether the order is in effect for that
33 entire year or for only a part of that year. The copy of
34 the tax return need not include copies of any schedules
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1 attached to the return. Each party must provide the copy of
2 the tax return to the other party within 14 days after filing
3 the return. In this paragraph, "obligor" and "obligee" have
4 the meanings attributed to those terms in the Income
5 Withholding for Support Act.
6 An order entered under this Section shall include a
7 provision requiring the obligor to report to the obligee and
8 to the clerk of court within 10 days each time the obligor
9 obtains new employment, and each time the obligor's
10 employment is terminated for any reason. The report shall be
11 in writing and shall, in the case of new employment, include
12 the name and address of the new employer. Failure to report
13 new employment or the termination of current employment, if
14 coupled with nonpayment of support for a period in excess of
15 60 days, is indirect criminal contempt. For any obligor
16 arrested for failure to report new employment bond shall be
17 set in the amount of the child support that should have been
18 paid during the period of unreported employment. An order
19 entered under this Section shall also include a provision
20 requiring the obligor and obligee parents to advise each
21 other of a change in residence within 5 days of the change
22 except when the court finds that the physical, mental, or
23 emotional health of a party or that of a minor child, or
24 both, would be seriously endangered by disclosure of the
25 party's address.
26 The Court shall determine the amount of maintenance using
27 the standards set forth in Section 504 of the Illinois
28 Marriage and Dissolution of Marriage Act.
29 Any new or existing support order entered by the court
30 under this Section shall be deemed to be a series of
31 judgments against the person obligated to pay support
32 thereunder, each such judgment to be in the amount of each
33 payment or installment of support and each such judgment to
34 be deemed entered as of the date the corresponding payment or
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1 installment becomes due under the terms of the support order.
2 Each such judgment shall have the full force, effect and
3 attributes of any other judgment of this State, including the
4 ability to be enforced. Any such judgment is subject to
5 modification or termination only in accordance with Section
6 510 of the Illinois Marriage and Dissolution of Marriage Act.
7 A lien arises by operation of law against the real and
8 personal property of the noncustodial parent for each
9 installment of overdue support owed by the noncustodial
10 parent.
11 When an order is entered for the support of a minor, the
12 court may provide therein for reasonable visitation of the
13 minor by the person or persons who provided support pursuant
14 to the order. Whoever willfully refuses to comply with such
15 visitation order or willfully interferes with its enforcement
16 may be declared in contempt of court and punished therefor.
17 Except where the local governmental unit has entered into
18 an agreement with the Illinois Department for the Child and
19 Spouse Support Unit to act for it, as provided in Section
20 10-3.1, support orders entered by the court in cases
21 involving applicants or recipients under Article VI shall
22 provide that payments thereunder be made directly to the
23 local governmental unit. Orders for the support of all other
24 applicants or recipients shall provide that payments
25 thereunder be made directly to the Illinois Department. In
26 accordance with federal law and regulations, the Illinois
27 Department may continue to collect current maintenance
28 payments or child support payments, or both, after those
29 persons cease to receive public assistance and until
30 termination of services under Article X. The Illinois
31 Department shall pay the net amount collected to those
32 persons after deducting any costs incurred in making the
33 collection or any collection fee from the amount of any
34 recovery made. In both cases the order shall permit the
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1 local governmental unit or the Illinois Department, as the
2 case may be, to direct the responsible relative or relatives
3 to make support payments directly to the needy person, or to
4 some person or agency in his behalf, upon removal of the
5 person from the public aid rolls or upon termination of
6 services under Article X.
7 If the notice of support due issued pursuant to Section
8 10-7 directs that support payments be made directly to the
9 needy person, or to some person or agency in his behalf, and
10 the recipient is removed from the public aid rolls, court
11 action may be taken against the responsible relative
12 hereunder if he fails to furnish support in accordance with
13 the terms of such notice.
14 Actions may also be brought under this Section in behalf
15 of any person who is in need of support from responsible
16 relatives, as defined in Section 2-11 of Article II who is
17 not an applicant for or recipient of financial aid under this
18 Code. In such instances, the State's Attorney of the county
19 in which such person resides shall bring action against the
20 responsible relatives hereunder. If the Illinois Department,
21 as authorized by Section 10-1, extends the support services
22 provided by this Article to spouses and dependent children
23 who are not applicants or recipients under this Code, the
24 Child and Spouse Support Unit established by Section 10-3.1
25 shall bring action against the responsible relatives
26 hereunder and any support orders entered by the court in such
27 cases shall provide that payments thereunder be made directly
28 to the Illinois Department.
29 Whenever it is determined in a proceeding to establish or
30 enforce a child support or maintenance obligation that the
31 person owing a duty of support is unemployed, the court may
32 order the person to seek employment and report periodically
33 to the court with a diary, listing or other memorandum of his
34 or her efforts in accordance with such order. Additionally,
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1 the court may order the unemployed person to report to the
2 Department of Employment Security for job search services or
3 to make application with the local Jobs Training Partnership
4 Act provider for participation in job search, training or
5 work programs and where the duty of support is owed to a
6 child receiving support services under this Article X, the
7 court may order the unemployed person to report to the
8 Illinois Department for participation in job search, training
9 or work programs established under Section 9-6 and Article
10 IXA of this Code.
11 Whenever it is determined that a person owes past-due
12 support for a child receiving assistance under this Code, the
13 court shall order at the request of the Illinois Department:
14 (1) that the person pay the past-due support in
15 accordance with a plan approved by the court; or
16 (2) if the person owing past-due support is
17 unemployed, is subject to such a plan, and is not
18 incapacitated, that the person participate in such job
19 search, training, or work programs established under
20 Section 9-6 and Article IXA of this Code as the court
21 deems appropriate.
22 A determination under this Section shall not be
23 administratively reviewable by the procedures specified in
24 Sections 10-12, and 10-13 to 10-13.10. Any determination
25 under these Sections, if made the basis of court action under
26 this Section, shall not affect the de novo judicial
27 determination required under this Section.
28 A one-time charge of 20% is imposable upon the amount of
29 past-due child support owed on July 1, 1988 which has accrued
30 under a support order entered by the court. The charge shall
31 be imposed in accordance with the provisions of Section 10-21
32 of this Code and shall be enforced by the court upon
33 petition.
34 All orders for support, when entered or modified, shall
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1 include a provision requiring the non-custodial parent to
2 notify the court and, in cases in which a party is receiving
3 child and spouse support services under this Article X, the
4 Illinois Department, within 7 days, (i) of the name, address,
5 and telephone number of any new employer of the non-custodial
6 parent, (ii) whether the non-custodial parent has access to
7 health insurance coverage through the employer or other group
8 coverage and, if so, the policy name and number and the names
9 of persons covered under the policy, and (iii) of any new
10 residential or mailing address or telephone number of the
11 non-custodial parent. In any subsequent action to enforce a
12 support order, upon a sufficient showing that a diligent
13 effort has been made to ascertain the location of the
14 non-custodial parent, service of process or provision of
15 notice necessary in the case may be made at the last known
16 address of the non-custodial parent in any manner expressly
17 provided by the Code of Civil Procedure or this Code, which
18 service shall be sufficient for purposes of due process.
19 An order for support shall include a date on which the
20 current support obligation terminates. The termination date
21 shall be no earlier than the date on which the child covered
22 by the order will attain the age of majority or is otherwise
23 emancipated. The order for support shall state that the
24 termination date does not apply to any arrearage that may
25 remain unpaid on that date. Nothing in this paragraph shall
26 be construed to prevent the court from modifying the order.
27 Upon notification in writing or by electronic
28 transmission from the Illinois Department to the clerk of the
29 court that a person who is receiving support payments under
30 this Section is receiving services under the Child Support
31 Enforcement Program established by Title IV-D of the Social
32 Security Act, any support payments subsequently received by
33 the clerk of the court shall be transmitted in accordance
34 with the instructions of the Illinois Department until the
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1 Illinois Department gives notice to the clerk of the court to
2 cease the transmittal. After providing the notification
3 authorized under this paragraph, the Illinois Department
4 shall be entitled as a party to notice of any further
5 proceedings in the case. The clerk of the court shall file a
6 copy of the Illinois Department's notification in the court
7 file. The clerk's failure to file a copy of the
8 notification in the court file shall not, however, affect the
9 Illinois Department's right to receive notice of further
10 proceedings.
11 Payments under this Section to the Illinois Department
12 pursuant to the Child Support Enforcement Program established
13 by Title IV-D of the Social Security Act shall be paid into
14 the Child Support Enforcement Trust Fund. All payments under
15 this Section to the Illinois Department of Human Services
16 shall be deposited in the DHS Recoveries Trust Fund.
17 Disbursements from these funds shall be as provided in
18 Sections 12-9.1 and 12-10.2 of this Code. Payments received
19 by a local governmental unit shall be deposited in that
20 unit's General Assistance Fund.
21 To the extent the provisions of this Section are
22 inconsistent with the requirements pertaining to the State
23 Disbursement Unit under Sections 10-10.4 and 10-26 of this
24 Code, the requirements pertaining to the State Disbursement
25 Unit shall apply.
26 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
27 90-655, eff. 7-30-98; 90-673, eff. 1-1-99; 90-790, eff.
28 8-14-98; 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 91-357,
29 eff. 7-29-99; revised 8-30-99.)
30 Section 10. The Illinois Marriage and Dissolution of
31 Marriage Act is amended by changing Sections 504 and 505 as
32 follows:
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1 (750 ILCS 5/504) (from Ch. 40, par. 504)
2 Sec. 504. Maintenance.
3 (a) In a proceeding for dissolution of marriage or legal
4 separation or declaration of invalidity of marriage, or a
5 proceeding for maintenance following dissolution of the
6 marriage by a court which lacked personal jurisdiction over
7 the absent spouse, the court may grant a temporary or
8 permanent maintenance award for either spouse in amounts and
9 for periods of time as the court deems just, without regard
10 to marital misconduct, in gross or for fixed or indefinite
11 periods of time, and the maintenance may be paid from the
12 income or property of the other spouse after consideration of
13 all relevant factors, including:
14 (1) the income and property of each party,
15 including marital property apportioned and non-marital
16 property assigned to the party seeking maintenance;
17 (2) the needs of each party;
18 (3) the present and future earning capacity of each
19 party;
20 (4) any impairment of the present and future
21 earning capacity of the party seeking maintenance due to
22 that party devoting time to domestic duties or having
23 forgone or delayed education, training, employment, or
24 career opportunities due to the marriage;
25 (5) the time necessary to enable the party seeking
26 maintenance to acquire appropriate education, training,
27 and employment, and whether that party is able to support
28 himself or herself through appropriate employment or is
29 the custodian of a child making it appropriate that the
30 custodian not seek employment;
31 (6) the standard of living established during the
32 marriage;
33 (7) the duration of the marriage;
34 (8) the age and the physical and emotional
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1 condition of both parties;
2 (9) the tax consequences of the property division
3 upon the respective economic circumstances of the
4 parties;
5 (10) contributions and services by the party
6 seeking maintenance to the education, training, career or
7 career potential, or license of the other spouse;
8 (11) any valid agreement of the parties; and
9 (12) any other factor that the court expressly
10 finds to be just and equitable.
11 An order entered under this Section shall include a
12 provision requiring the party obligated to pay maintenance
13 and the party entitled to maintenance to provide each other
14 with copies of the federal income tax returns that the
15 parties file for each taxable year in which the order for
16 maintenance is in effect, whether the order is in effect for
17 that entire year or for only a part of that year. The copy
18 of the tax return need not include copies of any schedules
19 attached to the return. Each party must provide the copy of
20 the tax return to the other party within 14 days after filing
21 the return.
22 (b) (Blank).
23 (c) The court may grant and enforce the payment of
24 maintenance during the pendency of an appeal as the court
25 shall deem reasonable and proper.
26 (d) No maintenance shall accrue during the period in
27 which a party is imprisoned for failure to comply with the
28 court's order for the payment of such maintenance.
29 (e) When maintenance is to be paid through the clerk of
30 the court in a county of 1,000,000 inhabitants or less, the
31 order shall direct the obligor to pay to the clerk, in
32 addition to the maintenance payments, all fees imposed by the
33 county board under paragraph (3) of subsection (u) of Section
34 27.1 of the Clerks of Courts Act. Unless paid in cash or
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1 pursuant to an order for withholding, the payment of the fee
2 shall be by a separate instrument from the support payment
3 and shall be made to the order of the Clerk.
4 (Source: P.A. 91-357, eff. 7-29-99.)
5 (750 ILCS 5/505) (from Ch. 40, par. 505)
6 (Text of Section before amendment by P.A. 91-655)
7 Sec. 505. Child support; contempt; penalties.
8 (a) In a proceeding for dissolution of marriage, legal
9 separation, declaration of invalidity of marriage, a
10 proceeding for child support following dissolution of the
11 marriage by a court which lacked personal jurisdiction over
12 the absent spouse, a proceeding for modification of a
13 previous order for child support under Section 510 of this
14 Act, or any proceeding authorized under Section 501 or 601 of
15 this Act, the court may order either or both parents owing a
16 duty of support to a child of the marriage to pay an amount
17 reasonable and necessary for his support, without regard to
18 marital misconduct. The duty of support owed to a minor
19 child includes the obligation to provide for the reasonable
20 and necessary physical, mental and emotional health needs of
21 the child.
22 (1) The Court shall determine the minimum amount of
23 support by using the following guidelines:
24 Number of Children Percent of Supporting Party's
25 Net Income
26 1 20%
27 2 25%
28 3 32%
29 4 40%
30 5 45%
31 6 or more 50%
32 (2) The above guidelines shall be applied in each
33 case unless the court makes a finding that application of
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1 the guidelines would be inappropriate, after considering
2 the best interests of the child in light of evidence
3 including but not limited to one or more of the following
4 relevant factors:
5 (a) the financial resources and needs of the
6 child;
7 (b) the financial resources and needs of the
8 custodial parent;
9 (c) the standard of living the child would
10 have enjoyed had the marriage not been dissolved;
11 (d) the physical and emotional condition of
12 the child, and his educational needs; and
13 (e) the financial resources and needs of the
14 non-custodial parent.
15 If the court deviates from the guidelines, the
16 court's finding shall state the amount of support that
17 would have been required under the guidelines, if
18 determinable. The court shall include the reason or
19 reasons for the variance from the guidelines.
20 (3) "Net income" is defined as the total of all
21 income from all sources, minus the following deductions:
22 (a) Federal income tax (properly calculated
23 withholding or estimated payments);
24 (b) State income tax (properly calculated
25 withholding or estimated payments);
26 (c) Social Security (FICA payments);
27 (d) Mandatory retirement contributions
28 required by law or as a condition of employment;
29 (e) Union dues;
30 (f) Dependent and individual
31 health/hospitalization insurance premiums;
32 (g) Prior obligations of support or
33 maintenance actually paid pursuant to a court order;
34 (h) Expenditures for repayment of debts that
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1 represent reasonable and necessary expenses for the
2 production of income, medical expenditures necessary
3 to preserve life or health, reasonable expenditures
4 for the benefit of the child and the other parent,
5 exclusive of gifts. The court shall reduce net
6 income in determining the minimum amount of support
7 to be ordered only for the period that such payments
8 are due and shall enter an order containing
9 provisions for its self-executing modification upon
10 termination of such payment period.
11 (4) In cases where the court order provides for
12 health/hospitalization insurance coverage pursuant to
13 Section 505.2 of this Act, the premiums for that
14 insurance, or that portion of the premiums for which the
15 supporting party is responsible in the case of insurance
16 provided through an employer's health insurance plan
17 where the employer pays a portion of the premiums, shall
18 be subtracted from net income in determining the minimum
19 amount of support to be ordered.
20 (4.5) In a proceeding for child support following
21 dissolution of the marriage by a court that lacked
22 personal jurisdiction over the absent spouse, and in
23 which the court is requiring payment of support for the
24 period before the date an order for current support is
25 entered, there is a rebuttable presumption that the
26 supporting party's net income for the prior period was
27 the same as his or her net income at the time the order
28 for current support is entered.
29 (5) If the net income cannot be determined because
30 of default or any other reason, the court shall order
31 support in an amount considered reasonable in the
32 particular case. The final order in all cases shall
33 state the support level in dollar amounts.
34 (a-5) In an action to enforce an order for support based
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1 on the respondent's failure to make support payments as
2 required by the order, notice of proceedings to hold the
3 respondent in contempt for that failure may be served on the
4 respondent by personal service or by regular mail addressed
5 to the respondent's last known address. The respondent's
6 last known address may be determined from records of the
7 clerk of the court, from the Federal Case Registry of Child
8 Support Orders, or by any other reasonable means.
9 (b) Failure of either parent to comply with an order to
10 pay support shall be punishable as in other cases of
11 contempt. In addition to other penalties provided by law the
12 Court may, after finding the parent guilty of contempt, order
13 that the parent be:
14 (1) placed on probation with such conditions of
15 probation as the Court deems advisable;
16 (2) sentenced to periodic imprisonment for a period
17 not to exceed 6 months; provided, however, that the Court
18 may permit the parent to be released for periods of time
19 during the day or night to:
20 (A) work; or
21 (B) conduct a business or other self-employed
22 occupation.
23 The Court may further order any part or all of the
24 earnings of a parent during a sentence of periodic
25 imprisonment paid to the Clerk of the Circuit Court or to the
26 parent having custody or to the guardian having custody of
27 the minor children of the sentenced parent for the support of
28 said minor children until further order of the Court.
29 If there is a unity of interest and ownership sufficient
30 to render no financial separation between a non-custodial
31 parent and another person or persons or business entity, the
32 court may pierce the ownership veil of the person, persons,
33 or business entity to discover assets of the non-custodial
34 parent held in the name of that person, those persons, or
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1 that business entity. The following circumstances are
2 sufficient to authorize a court to order discovery of the
3 assets of a person, persons, or business entity and to compel
4 the application of any discovered assets toward payment on
5 the judgment for support:
6 (1) the non-custodial parent and the person,
7 persons, or business entity maintain records together.
8 (2) the non-custodial parent and the person,
9 persons, or business entity fail to maintain an arms
10 length relationship between themselves with regard to any
11 assets.
12 (3) the non-custodial parent transfers assets to
13 the person, persons, or business entity with the intent
14 to perpetrate a fraud on the custodial parent.
15 With respect to assets which are real property, no order
16 entered under this paragraph shall affect the rights of bona
17 fide purchasers, mortgagees, judgment creditors, or other
18 lien holders who acquire their interests in the property
19 prior to the time a notice of lis pendens pursuant to the
20 Code of Civil Procedure or a copy of the order is placed of
21 record in the office of the recorder of deeds for the county
22 in which the real property is located.
23 The court may also order in cases where the parent is 90
24 days or more delinquent in payment of support or has been
25 adjudicated in arrears in an amount equal to 90 days
26 obligation or more, that the parent's Illinois driving
27 privileges be suspended until the court determines that the
28 parent is in compliance with the order of support. The court
29 may also order that the parent be issued a family financial
30 responsibility driving permit that would allow limited
31 driving privileges for employment and medical purposes in
32 accordance with Section 7-702.1 of the Illinois Vehicle Code.
33 The clerk of the circuit court shall certify the order
34 suspending the driving privileges of the parent or granting
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1 the issuance of a family financial responsibility driving
2 permit to the Secretary of State on forms prescribed by the
3 Secretary. Upon receipt of the authenticated documents, the
4 Secretary of State shall suspend the parent's driving
5 privileges until further order of the court and shall, if
6 ordered by the court, subject to the provisions of Section
7 7-702.1 of the Illinois Vehicle Code, issue a family
8 financial responsibility driving permit to the parent.
9 In addition to the penalties or punishment that may be
10 imposed under this Section, any person whose conduct
11 constitutes a violation of Section 15 1 of the Non-Support
12 Punishment of Spouse and Children Act may be prosecuted under
13 that Act Section, and a person convicted under that Act
14 Section may be sentenced in accordance with that Act Section.
15 The sentence may include but need not be limited to a
16 requirement that the person perform community service under
17 Section 50 subsection (b) of that Act Section or participate
18 in a work alternative program under Section 50 subsection (c)
19 of that Act Section. A person may not be required to
20 participate in a work alternative program under Section 50
21 subsection (c) of that Act Section if the person is currently
22 participating in a work program pursuant to Section 505.1 of
23 this Act.
24 A support obligation, or any portion of a support
25 obligation, which becomes due and remains unpaid for 30 days
26 or more shall accrue interest at the rate of 9% per annum.
27 (c) A one-time charge of 20% is imposable upon the
28 amount of past-due child support owed on July 1, 1988 which
29 has accrued under a support order entered by the court. The
30 charge shall be imposed in accordance with the provisions of
31 Section 10-21 of the Illinois Public Aid Code and shall be
32 enforced by the court upon petition.
33 (d) Any new or existing support order entered by the
34 court under this Section shall be deemed to be a series of
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1 judgments against the person obligated to pay support
2 thereunder, each such judgment to be in the amount of each
3 payment or installment of support and each such judgment to
4 be deemed entered as of the date the corresponding payment or
5 installment becomes due under the terms of the support order.
6 Each such judgment shall have the full force, effect and
7 attributes of any other judgment of this State, including the
8 ability to be enforced. A lien arises by operation of law
9 against the real and personal property of the noncustodial
10 parent for each installment of overdue support owed by the
11 noncustodial parent.
12 (e) When child support is to be paid through the clerk
13 of the court in a county of 1,000,000 inhabitants or less,
14 the order shall direct the obligor to pay to the clerk, in
15 addition to the child support payments, all fees imposed by
16 the county board under paragraph (3) of subsection (u) of
17 Section 27.1 of the Clerks of Courts Act. Unless paid in
18 cash or pursuant to an order for withholding, the payment of
19 the fee shall be by a separate instrument from the support
20 payment and shall be made to the order of the Clerk.
21 (f) All orders for support, when entered or modified,
22 shall include a provision requiring the obligor to notify the
23 court and, in cases in which a party is receiving child and
24 spouse services under Article X of the Illinois Public Aid
25 Code, the Illinois Department of Public Aid, within 7 days,
26 (i) of the name and address of any new employer of the
27 obligor, (ii) whether the obligor has access to health
28 insurance coverage through the employer or other group
29 coverage and, if so, the policy name and number and the names
30 of persons covered under the policy, and (iii) of any new
31 residential or mailing address or telephone number of the
32 non-custodial parent. In any subsequent action to enforce a
33 support order, upon a sufficient showing that a diligent
34 effort has been made to ascertain the location of the
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1 non-custodial parent, service of process or provision of
2 notice necessary in the case may be made at the last known
3 address of the non-custodial parent in any manner expressly
4 provided by the Code of Civil Procedure or this Act, which
5 service shall be sufficient for purposes of due process.
6 (g) An order for support shall include a date on which
7 the current support obligation terminates. The termination
8 date shall be no earlier than the date on which the child
9 covered by the order will attain the age of majority or is
10 otherwise emancipated. The order for support shall state that
11 the termination date does not apply to any arrearage that may
12 remain unpaid on that date. Nothing in this subsection shall
13 be construed to prevent the court from modifying the order.
14 (h) An order entered under this Section shall include a
15 provision requiring the obligor to report to the obligee and
16 to the clerk of court within 10 days each time the obligor
17 obtains new employment, and each time the obligor's
18 employment is terminated for any reason. The report shall be
19 in writing and shall, in the case of new employment, include
20 the name and address of the new employer. Failure to report
21 new employment or the termination of current employment, if
22 coupled with nonpayment of support for a period in excess of
23 60 days, is indirect criminal contempt. For any obligor
24 arrested for failure to report new employment bond shall be
25 set in the amount of the child support that should have been
26 paid during the period of unreported employment. An order
27 entered under this Section shall also include a provision
28 requiring the obligor and obligee parents to advise each
29 other of a change in residence within 5 days of the change
30 except when the court finds that the physical, mental, or
31 emotional health of a party or that of a minor child, or
32 both, would be seriously endangered by disclosure of the
33 party's address.
34 (Source: P.A. 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
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1 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-733, eff.
2 8-11-98; 91-113, eff. 7-15-99; 91-397, eff. 1-1-00; revised
3 10-13-99.)
4 (Text of Section after amendment by P.A. 91-655)
5 Sec. 505. Child support; contempt; penalties.
6 (a) In a proceeding for dissolution of marriage, legal
7 separation, declaration of invalidity of marriage, a
8 proceeding for child support following dissolution of the
9 marriage by a court which lacked personal jurisdiction over
10 the absent spouse, a proceeding for modification of a
11 previous order for child support under Section 510 of this
12 Act, or any proceeding authorized under Section 501 or 601 of
13 this Act, the court may order either or both parents owing a
14 duty of support to a child of the marriage to pay an amount
15 reasonable and necessary for his support, without regard to
16 marital misconduct. The duty of support owed to a minor
17 child includes the obligation to provide for the reasonable
18 and necessary physical, mental and emotional health needs of
19 the child.
20 (1) The Court shall determine the minimum amount of
21 support by using the following guidelines:
22 Number of Children Percent of Supporting Party's
23 Net Income
24 1 20%
25 2 25%
26 3 32%
27 4 40%
28 5 45%
29 6 or more 50%
30 (2) The above guidelines shall be applied in each
31 case unless the court makes a finding that application of
32 the guidelines would be inappropriate, after considering
33 the best interests of the child in light of evidence
34 including but not limited to one or more of the following
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1 relevant factors:
2 (a) the financial resources and needs of the
3 child;
4 (b) the financial resources and needs of the
5 custodial parent;
6 (c) the standard of living the child would
7 have enjoyed had the marriage not been dissolved;
8 (d) the physical and emotional condition of
9 the child, and his educational needs; and
10 (e) the financial resources and needs of the
11 non-custodial parent.
12 If the court deviates from the guidelines, the
13 court's finding shall state the amount of support that
14 would have been required under the guidelines, if
15 determinable. The court shall include the reason or
16 reasons for the variance from the guidelines.
17 (3) "Net income" is defined as the total of all
18 income from all sources, minus the following deductions:
19 (a) Federal income tax (properly calculated
20 withholding or estimated payments);
21 (b) State income tax (properly calculated
22 withholding or estimated payments);
23 (c) Social Security (FICA payments);
24 (d) Mandatory retirement contributions
25 required by law or as a condition of employment;
26 (e) Union dues;
27 (f) Dependent and individual
28 health/hospitalization insurance premiums;
29 (g) Prior obligations of support or
30 maintenance actually paid pursuant to a court order;
31 (h) Expenditures for repayment of debts that
32 represent reasonable and necessary expenses for the
33 production of income, medical expenditures necessary
34 to preserve life or health, reasonable expenditures
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1 for the benefit of the child and the other parent,
2 exclusive of gifts. The court shall reduce net
3 income in determining the minimum amount of support
4 to be ordered only for the period that such payments
5 are due and shall enter an order containing
6 provisions for its self-executing modification upon
7 termination of such payment period.
8 (4) In cases where the court order provides for
9 health/hospitalization insurance coverage pursuant to
10 Section 505.2 of this Act, the premiums for that
11 insurance, or that portion of the premiums for which the
12 supporting party is responsible in the case of insurance
13 provided through an employer's health insurance plan
14 where the employer pays a portion of the premiums, shall
15 be subtracted from net income in determining the minimum
16 amount of support to be ordered.
17 (4.5) In a proceeding for child support following
18 dissolution of the marriage by a court that lacked
19 personal jurisdiction over the absent spouse, and in
20 which the court is requiring payment of support for the
21 period before the date an order for current support is
22 entered, there is a rebuttable presumption that the
23 supporting party's net income for the prior period was
24 the same as his or her net income at the time the order
25 for current support is entered.
26 (5) If the net income cannot be determined because
27 of default or any other reason, the court shall order
28 support in an amount considered reasonable in the
29 particular case. The final order in all cases shall
30 state the support level in dollar amounts. However, if
31 the court finds that the child support amount cannot be
32 expressed exclusively as a dollar amount because all or a
33 portion of the payor's net income is uncertain as to
34 source, time of payment, or amount, the court may order a
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1 percentage amount of support in addition to a specific
2 dollar amount and enter such other orders as may be
3 necessary to determine and enforce, on a timely basis,
4 the applicable support ordered.
5 (a-5) In an action to enforce an order for support based
6 on the respondent's failure to make support payments as
7 required by the order, notice of proceedings to hold the
8 respondent in contempt for that failure may be served on the
9 respondent by personal service or by regular mail addressed
10 to the respondent's last known address. The respondent's
11 last known address may be determined from records of the
12 clerk of the court, from the Federal Case Registry of Child
13 Support Orders, or by any other reasonable means.
14 (b) Failure of either parent to comply with an order to
15 pay support shall be punishable as in other cases of
16 contempt. In addition to other penalties provided by law the
17 Court may, after finding the parent guilty of contempt, order
18 that the parent be:
19 (1) placed on probation with such conditions of
20 probation as the Court deems advisable;
21 (2) sentenced to periodic imprisonment for a period
22 not to exceed 6 months; provided, however, that the Court
23 may permit the parent to be released for periods of time
24 during the day or night to:
25 (A) work; or
26 (B) conduct a business or other self-employed
27 occupation.
28 The Court may further order any part or all of the
29 earnings of a parent during a sentence of periodic
30 imprisonment paid to the Clerk of the Circuit Court or to the
31 parent having custody or to the guardian having custody of
32 the minor children of the sentenced parent for the support of
33 said minor children until further order of the Court.
34 If there is a unity of interest and ownership sufficient
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1 to render no financial separation between a non-custodial
2 parent and another person or persons or business entity, the
3 court may pierce the ownership veil of the person, persons,
4 or business entity to discover assets of the non-custodial
5 parent held in the name of that person, those persons, or
6 that business entity. The following circumstances are
7 sufficient to authorize a court to order discovery of the
8 assets of a person, persons, or business entity and to compel
9 the application of any discovered assets toward payment on
10 the judgment for support:
11 (1) the non-custodial parent and the person,
12 persons, or business entity maintain records together.
13 (2) the non-custodial parent and the person,
14 persons, or business entity fail to maintain an arms
15 length relationship between themselves with regard to any
16 assets.
17 (3) the non-custodial parent transfers assets to
18 the person, persons, or business entity with the intent
19 to perpetrate a fraud on the custodial parent.
20 With respect to assets which are real property, no order
21 entered under this paragraph shall affect the rights of bona
22 fide purchasers, mortgagees, judgment creditors, or other
23 lien holders who acquire their interests in the property
24 prior to the time a notice of lis pendens pursuant to the
25 Code of Civil Procedure or a copy of the order is placed of
26 record in the office of the recorder of deeds for the county
27 in which the real property is located.
28 The court may also order in cases where the parent is 90
29 days or more delinquent in payment of support or has been
30 adjudicated in arrears in an amount equal to 90 days
31 obligation or more, that the parent's Illinois driving
32 privileges be suspended until the court determines that the
33 parent is in compliance with the order of support. The court
34 may also order that the parent be issued a family financial
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1 responsibility driving permit that would allow limited
2 driving privileges for employment and medical purposes in
3 accordance with Section 7-702.1 of the Illinois Vehicle Code.
4 The clerk of the circuit court shall certify the order
5 suspending the driving privileges of the parent or granting
6 the issuance of a family financial responsibility driving
7 permit to the Secretary of State on forms prescribed by the
8 Secretary. Upon receipt of the authenticated documents, the
9 Secretary of State shall suspend the parent's driving
10 privileges until further order of the court and shall, if
11 ordered by the court, subject to the provisions of Section
12 7-702.1 of the Illinois Vehicle Code, issue a family
13 financial responsibility driving permit to the parent.
14 In addition to the penalties or punishment that may be
15 imposed under this Section, any person whose conduct
16 constitutes a violation of Section 15 1 of the Non-Support
17 Punishment of Spouse and Children Act may be prosecuted under
18 that Act Section, and a person convicted under that Act
19 Section may be sentenced in accordance with that Act Section.
20 The sentence may include but need not be limited to a
21 requirement that the person perform community service under
22 Section 50 subsection (b) of that Act Section or participate
23 in a work alternative program under Section 50 subsection (c)
24 of that Act Section. A person may not be required to
25 participate in a work alternative program under Section 50
26 subsection (c) of that Act Section if the person is currently
27 participating in a work program pursuant to Section 505.1 of
28 this Act.
29 A support obligation, or any portion of a support
30 obligation, which becomes due and remains unpaid for 30 days
31 or more shall accrue interest at the rate of 9% per annum.
32 (c) A one-time charge of 20% is imposable upon the
33 amount of past-due child support owed on July 1, 1988 which
34 has accrued under a support order entered by the court. The
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1 charge shall be imposed in accordance with the provisions of
2 Section 10-21 of the Illinois Public Aid Code and shall be
3 enforced by the court upon petition.
4 (d) Any new or existing support order entered by the
5 court under this Section shall be deemed to be a series of
6 judgments against the person obligated to pay support
7 thereunder, each such judgment to be in the amount of each
8 payment or installment of support and each such judgment to
9 be deemed entered as of the date the corresponding payment or
10 installment becomes due under the terms of the support order.
11 Each such judgment shall have the full force, effect and
12 attributes of any other judgment of this State, including the
13 ability to be enforced. A lien arises by operation of law
14 against the real and personal property of the noncustodial
15 parent for each installment of overdue support owed by the
16 noncustodial parent.
17 (e) When child support is to be paid through the clerk
18 of the court in a county of 1,000,000 inhabitants or less,
19 the order shall direct the obligor to pay to the clerk, in
20 addition to the child support payments, all fees imposed by
21 the county board under paragraph (3) of subsection (u) of
22 Section 27.1 of the Clerks of Courts Act. Unless paid in
23 cash or pursuant to an order for withholding, the payment of
24 the fee shall be by a separate instrument from the support
25 payment and shall be made to the order of the Clerk.
26 (f) All orders for support, when entered or modified,
27 shall include a provision requiring the obligor to notify the
28 court and, in cases in which a party is receiving child and
29 spouse services under Article X of the Illinois Public Aid
30 Code, the Illinois Department of Public Aid, within 7 days,
31 (i) of the name and address of any new employer of the
32 obligor, (ii) whether the obligor has access to health
33 insurance coverage through the employer or other group
34 coverage and, if so, the policy name and number and the names
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1 of persons covered under the policy, and (iii) of any new
2 residential or mailing address or telephone number of the
3 non-custodial parent. In any subsequent action to enforce a
4 support order, upon a sufficient showing that a diligent
5 effort has been made to ascertain the location of the
6 non-custodial parent, service of process or provision of
7 notice necessary in the case may be made at the last known
8 address of the non-custodial parent in any manner expressly
9 provided by the Code of Civil Procedure or this Act, which
10 service shall be sufficient for purposes of due process.
11 (f-5) An order entered under this Section shall include a
12 provision requiring the obligor and the obligee to provide
13 each other with copies of the federal income tax returns that
14 the parties file for each taxable year in which the order for
15 support is in effect, whether the order is in effect for that
16 entire year or for only a part of that year. The copy of
17 the tax return need not include copies of any schedules
18 attached to the return. Each party must provide the copy of
19 the tax return to the other party within 14 days after filing
20 the return. In this subsection, "obligor" and "obligee" have
21 the meanings attributed to those terms in the Income
22 Withholding for Support Act.
23 (g) An order for support shall include a date on which
24 the current support obligation terminates. The termination
25 date shall be no earlier than the date on which the child
26 covered by the order will attain the age of majority or is
27 otherwise emancipated. The order for support shall state
28 that the termination date does not apply to any arrearage
29 that may remain unpaid on that date. Nothing in this
30 subsection shall be construed to prevent the court from
31 modifying the order.
32 (h) An order entered under this Section shall include a
33 provision requiring the obligor to report to the obligee and
34 to the clerk of court within 10 days each time the obligor
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1 obtains new employment, and each time the obligor's
2 employment is terminated for any reason. The report shall be
3 in writing and shall, in the case of new employment, include
4 the name and address of the new employer. Failure to report
5 new employment or the termination of current employment, if
6 coupled with nonpayment of support for a period in excess of
7 60 days, is indirect criminal contempt. For any obligor
8 arrested for failure to report new employment bond shall be
9 set in the amount of the child support that should have been
10 paid during the period of unreported employment. An order
11 entered under this Section shall also include a provision
12 requiring the obligor and obligee parents to advise each
13 other of a change in residence within 5 days of the change
14 except when the court finds that the physical, mental, or
15 emotional health of a party or that of a minor child, or
16 both, would be seriously endangered by disclosure of the
17 party's address.
18 (Source: P.A. 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
19 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-733, eff.
20 8-11-98; 91-113, eff. 7-15-99; 91-397, eff. 1-1-00; 91-655,
21 eff. 6-1-00; revised 12-29-99.)
22 Section 15. The Illinois Parentage Act of 1984 is
23 amended by changing Section 14 as follows:
24 (750 ILCS 45/14) (from Ch. 40, par. 2514)
25 Sec. 14. Judgment.
26 (a) (1) The judgment shall contain or explicitly reserve
27 provisions concerning any duty and amount of child support
28 and may contain provisions concerning the custody and
29 guardianship of the child, visitation privileges with the
30 child, the furnishing of bond or other security for the
31 payment of the judgment, which the court shall determine in
32 accordance with the relevant factors set forth in the
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1 Illinois Marriage and Dissolution of Marriage Act and any
2 other applicable law of Illinois, to guide the court in a
3 finding in the best interests of the child. In determining
4 custody, joint custody, or visitation, the court shall apply
5 the relevant standards of the Illinois Marriage and
6 Dissolution of Marriage Act. Specifically, in determining the
7 amount of any child support award, the court shall use the
8 guidelines and standards set forth in subsection (a) of
9 Section 505 and in Section 505.2 of the Illinois Marriage and
10 Dissolution of Marriage Act. For purposes of Section 505 of
11 the Illinois Marriage and Dissolution of Marriage Act, "net
12 income" of the non-custodial parent shall include any
13 benefits available to that person under the Illinois Public
14 Aid Code or from other federal, State or local
15 government-funded programs. The court shall, in any event
16 and regardless of the amount of the non-custodial parent's
17 net income, in its judgment order the non-custodial parent to
18 pay child support to the custodial parent in a minimum amount
19 of not less than $10 per month. In an action brought within 2
20 years after a child's birth, the judgment or order may direct
21 either parent to pay the reasonable expenses incurred by
22 either parent related to the mother's pregnancy and the
23 delivery of the child. The judgment or order shall contain
24 the father's social security number, which the father shall
25 disclose to the court; however, failure to include the
26 father's social security number on the judgment or order does
27 not invalidate the judgment or order.
28 (2) If a judgment of parentage contains no explicit
29 award of custody, the establishment of a support obligation
30 or of visitation rights in one parent shall be considered a
31 judgment granting custody to the other parent. If the
32 parentage judgment contains no such provisions, custody shall
33 be presumed to be with the mother; however, the presumption
34 shall not apply if the father has had physical custody for at
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1 least 6 months prior to the date that the mother seeks to
2 enforce custodial rights.
3 (b) The court shall order all child support payments,
4 determined in accordance with such guidelines, to commence
5 with the date summons is served. The level of current
6 periodic support payments shall not be reduced because of
7 payments set for the period prior to the date of entry of the
8 support order. The Court may order any child support
9 payments to be made for a period prior to the commencement of
10 the action. In determining whether and the extent to which
11 the payments shall be made for any prior period, the court
12 shall consider all relevant facts, including the factors for
13 determining the amount of support specified in the Illinois
14 Marriage and Dissolution of Marriage Act and other equitable
15 factors including but not limited to:
16 (1) The father's prior knowledge of the fact and
17 circumstances of the child's birth.
18 (2) The father's prior willingness or refusal to
19 help raise or support the child.
20 (3) The extent to which the mother or the public
21 agency bringing the action previously informed the father
22 of the child's needs or attempted to seek or require his
23 help in raising or supporting the child.
24 (4) The reasons the mother or the public agency did
25 not file the action earlier.
26 (5) The extent to which the father would be
27 prejudiced by the delay in bringing the action.
28 For purposes of determining the amount of child support
29 to be paid for any period before the date the order for
30 current child support is entered, there is a rebuttable
31 presumption that the father's net income for the prior period
32 was the same as his net income at the time the order for
33 current child support is entered.
34 (c) Any new or existing support order entered by the
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1 court under this Section shall be deemed to be a series of
2 judgments against the person obligated to pay support
3 thereunder, each judgment to be in the amount of each payment
4 or installment of support and each such judgment to be deemed
5 entered as of the date the corresponding payment or
6 installment becomes due under the terms of the support order.
7 Each judgment shall have the full force, effect and
8 attributes of any other judgment of this State, including the
9 ability to be enforced. A lien arises by operation of law
10 against the real and personal property of the noncustodial
11 parent for each installment of overdue support owed by the
12 noncustodial parent.
13 (d) If the judgment or order of the court is at variance
14 with the child's birth certificate, the court shall order
15 that a new birth certificate be issued under the Vital
16 Records Act.
17 (e) On request of the mother and the father, the court
18 shall order a change in the child's name. After hearing
19 evidence the court may stay payment of support during the
20 period of the father's minority or period of disability.
21 (f) If, upon a showing of proper service, the father
22 fails to appear in court, or otherwise appear as provided by
23 law, the court may proceed to hear the cause upon testimony
24 of the mother or other parties taken in open court and shall
25 enter a judgment by default. The court may reserve any order
26 as to the amount of child support until the father has
27 received notice, by regular mail, of a hearing on the matter.
28 (g) A one-time charge of 20% is imposable upon the
29 amount of past-due child support owed on July 1, 1988 which
30 has accrued under a support order entered by the court. The
31 charge shall be imposed in accordance with the provisions of
32 Section 10-21 of the Illinois Public Aid Code and shall be
33 enforced by the court upon petition.
34 (h) All orders for support, when entered or modified,
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1 shall include a provision requiring the non-custodial parent
2 to notify the court and, in cases in which party is receiving
3 child and spouse support services under Article X of the
4 Illinois Public Aid Code, the Illinois Department of Public
5 Aid, within 7 days, (i) of the name and address of any new
6 employer of the non-custodial parent, (ii) whether the
7 non-custodial parent has access to health insurance coverage
8 through the employer or other group coverage and, if so, the
9 policy name and number and the names of persons covered under
10 the policy, and (iii) of any new residential or mailing
11 address or telephone number of the non-custodial parent. In
12 any subsequent action to enforce a support order, upon a
13 sufficient showing that a diligent effort has been made to
14 ascertain the location of the non-custodial parent, service
15 of process or provision of notice necessary in the case may
16 be made at the last known address of the non-custodial parent
17 in any manner expressly provided by the Code of Civil
18 Procedure or this Act, which service shall be sufficient for
19 purposes of due process.
20 (h-5) An order for support entered under this Section
21 shall include a provision requiring the obligor and the
22 obligee to provide each other with copies of the federal
23 income tax returns that the parties file for each taxable
24 year in which the order for support is in effect, whether the
25 order is in effect for that entire year or for only a part of
26 that year. The copy of the tax return need not include
27 copies of any schedules attached to the return. Each party
28 must provide the copy of the tax return to the other party
29 within 14 days after filing the return. In this subsection,
30 "obligor" and "obligee" have the meanings attributed to those
31 terms in the Income Withholding for Support Act.
32 (i) An order for support shall include a date on which
33 the current support obligation terminates. The termination
34 date shall be no earlier than the date on which the child
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1 covered by the order will attain the age of majority or is
2 otherwise emancipated. The order for support shall state
3 that the termination date does not apply to any arrearage
4 that may remain unpaid on that date. Nothing in this
5 subsection shall be construed to prevent the court from
6 modifying the order.
7 (j) An order entered under this Section shall include a
8 provision requiring the obligor to report to the obligee and
9 to the clerk of court within 10 days each time the obligor
10 obtains new employment, and each time the obligor's
11 employment is terminated for any reason. The report shall be
12 in writing and shall, in the case of new employment, include
13 the name and address of the new employer. Failure to report
14 new employment or the termination of current employment, if
15 coupled with nonpayment of support for a period in excess of
16 60 days, is indirect criminal contempt. For any obligor
17 arrested for failure to report new employment bond shall be
18 set in the amount of the child support that should have been
19 paid during the period of unreported employment. An order
20 entered under this Section shall also include a provision
21 requiring the obligor and obligee parents to advise each
22 other of a change in residence within 5 days of the change
23 except when the court finds that the physical, mental, or
24 emotional health of a party or that of a minor child, or
25 both, would be seriously endangered by disclosure of the
26 party's address.
27 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
28 90-655, eff. 7-30-98.)
29 Section 95. No acceleration or delay. Where this Act
30 makes changes in a statute that is represented in this Act by
31 text that is not yet or no longer in effect (for example, a
32 Section represented by multiple versions), the use of that
33 text does not accelerate or delay the taking effect of (i)
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1 the changes made by this Act or (ii) provisions derived from
2 any other Public Act.