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91_SB1636eng SB1636 Engrossed SRS91S0074JJcb 1 AN ACT to amend the Illinois Parentage Act of 1984 by 2 changing Section 14. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Parentage Act of 1984 is amended 6 by changing Section 14 as follows: 7 (750 ILCS 45/14) (from Ch. 40, par. 2514) 8 Sec. 14. Judgment. 9 (a) (1) The judgment shall contain or explicitly reserve 10 provisions concerning any duty and amount of child support, 11 the custody or guardianship of the child, and visitation 12 privileges with the child, and may contain provisions 13 concerningthe custody and guardianship of the child,14visitation privileges with the child,the furnishing of bond 15 or other security for the payment of the judgment, which the 16 court shall determine in accordance with the relevant factors 17 set forth in the Illinois Marriage and Dissolution of 18 Marriage Act and any other applicable law of Illinois, to 19 guide the court in a finding in the best interests of the 20 child. In determining custody, joint custody, or visitation, 21 the court shall apply the relevant standards of the Illinois 22 Marriage and Dissolution of Marriage Act. Specifically, in 23 determining the amount of any child support award, the court 24 shall use the guidelines and standards set forth in 25 subsection (a) of Section 505 and in Section 505.2 of the 26 Illinois Marriage and Dissolution of Marriage Act. For 27 purposes of Section 505 of the Illinois Marriage and 28 Dissolution of Marriage Act, "net income" of the 29 non-custodial parent shall include any benefits available to 30 that person under the Illinois Public Aid Code or from other 31 federal, State or local government-funded programs. The SB1636 Engrossed -2- SRS91S0074JJcb 1 court shall, in any event and regardless of the amount of the 2 non-custodial parent's net income, in its judgment order the 3 non-custodial parent to pay child support to the custodial 4 parent in a minimum amount of not less than $10 per month. In 5 an action brought within 2 years after a child's birth, the 6 judgment or order may direct either parent to pay the 7 reasonable expenses incurred by either parent related to the 8 mother's pregnancy and the delivery of the child. The 9 judgment or order shall contain the father's social security 10 number, which the father shall disclose to the court; 11 however, failure to include the father's social security 12 number on the judgment or order does not invalidate the 13 judgment or order. 14 (2) If a judgment of parentage contains no explicit 15 award of custody, the establishment of a support obligation 16 or of visitation rights in one parent shall be considered a 17 judgment granting custody to the other parent. If the 18 parentage judgment contains no such provisions, custody shall 19 be presumed to be with the mother; however, the presumption 20 shall not apply if the father has had physical custody for at 21 least 6 months prior to the date that the mother seeks to 22 enforce custodial rights. The parent without custody of the 23 child is entitled to reasonable visitation rights unless the 24 court finds, after a hearing, that visitation would endanger 25 seriously the child's physical, mental, moral, or emotional 26 health. 27 (3) A party may not remove a child from the State of 28 Illinois without first obtaining leave of Court to do so. 29 The court may grant leave to any party having custody of any 30 minor child or children to remove the child or children from 31 Illinois under the standards contained in Section 609 of the 32 Illinois Marriage and Dissolution of Marriage Act. Section 33 609 of the Illinois Marriage and Dissolution of Marriage Act 34 shall apply to matters concerning the removal of a child or SB1636 Engrossed -3- SRS91S0074JJcb 1 children from Illinois. 2 (b) The court shall order all child support payments, 3 determined in accordance with such guidelines, to commence 4 with the date summons is served. The level of current 5 periodic support payments shall not be reduced because of 6 payments set for the period prior to the date of entry of the 7 support order. The Court may order any child support 8 payments to be made for a period prior to the commencement of 9 the action. In determining whether and the extent to which 10 the payments shall be made for any prior period, the court 11 shall consider all relevant facts, including the factors for 12 determining the amount of support specified in the Illinois 13 Marriage and Dissolution of Marriage Act and other equitable 14 factors including but not limited to: 15 (1) The father's prior knowledge of the fact and 16 circumstances of the child's birth. 17 (2) The father's prior willingness or refusal to 18 help raise or support the child. 19 (3) The extent to which the mother or the public 20 agency bringing the action previously informed the father 21 of the child's needs or attempted to seek or require his 22 help in raising or supporting the child. 23 (4) The reasons the mother or the public agency did 24 not file the action earlier. 25 (5) The extent to which the father would be 26 prejudiced by the delay in bringing the action. 27 For purposes of determining the amount of child support 28 to be paid for any period before the date the order for 29 current child support is entered, there is a rebuttable 30 presumption that the father's net income for the prior period 31 was the same as his net income at the time the order for 32 current child support is entered. 33 (c) Any new or existing support order entered by the 34 court under this Section shall be deemed to be a series of SB1636 Engrossed -4- SRS91S0074JJcb 1 judgments against the person obligated to pay support 2 thereunder, each judgment to be in the amount of each payment 3 or installment of support and each such judgment to be deemed 4 entered as of the date the corresponding payment or 5 installment becomes due under the terms of the support order. 6 Each 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 (d) If the judgment or order of the court is at variance 13 with the child's birth certificate, the court shall order 14 that a new birth certificate be issued under the Vital 15 Records Act. 16 (e) On request of the mother and the father, the court 17 shall order a change in the child's name. After hearing 18 evidence the court may stay payment of support during the 19 period of the father's minority or period of disability. 20 (f) If, upon a showing of proper service, the father 21 fails to appear in court, or otherwise appear as provided by 22 law, the court may proceed to hear the cause upon testimony 23 of the mother or other parties taken in open court and shall 24 enter a judgment by default. The court may reserve any order 25 as to the amount of child support until the father has 26 received notice, by regular mail, of a hearing on the matter. 27 (g) 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 (h) All orders for support, when entered or modified, 34 shall include a provision requiring the non-custodial parent SB1636 Engrossed -5- SRS91S0074JJcb 1 to notify the court and, in cases in which party is receiving 2 child and spouse support services under Article X of the 3 Illinois Public Aid Code, the Illinois Department of Public 4 Aid, within 7 days, (i) of the name and address of any new 5 employer of the non-custodial parent, (ii) whether the 6 non-custodial parent has access to health insurance coverage 7 through the employer or other group coverage and, if so, the 8 policy name and number and the names of persons covered under 9 the policy, and (iii) of any new residential or mailing 10 address or telephone number of the non-custodial parent. In 11 any subsequent action to enforce a support order, upon a 12 sufficient showing that a diligent effort has been made to 13 ascertain the location of the non-custodial parent, service 14 of process or provision of notice necessary in the case may 15 be made at the last known address of the non-custodial parent 16 in any manner expressly provided by the Code of Civil 17 Procedure or this Act, which service shall be sufficient for 18 purposes of due process. 19 (i) An order for support shall include a date on which 20 the current support obligation terminates. The termination 21 date shall be no earlier than the date on which the child 22 covered by the order will attain the age of majority or is 23 otherwise emancipated. The order for support shall state 24 that the termination date does not apply to any arrearage 25 that may remain unpaid on that date. Nothing in this 26 subsection shall be construed to prevent the court from 27 modifying the order. 28 (j) An order entered under this Section shall include a 29 provision requiring the obligor to report to the obligee and 30 to the clerk of court within 10 days each time the obligor 31 obtains new employment, and each time the obligor's 32 employment is terminated for any reason. The report shall be 33 in writing and shall, in the case of new employment, include 34 the name and address of the new employer. Failure to report SB1636 Engrossed -6- SRS91S0074JJcb 1 new employment or the termination of current employment, if 2 coupled with nonpayment of support for a period in excess of 3 60 days, is indirect criminal contempt. For any obligor 4 arrested for failure to report new employment bond shall be 5 set in the amount of the child support that should have been 6 paid during the period of unreported employment. An order 7 entered under this Section shall also include a provision 8 requiring the obligor and obligee parents to advise each 9 other of a change in residence within 5 days of the change 10 except when the court finds that the physical, mental, or 11 emotional health of a party or that of a minor child, or 12 both, would be seriously endangered by disclosure of the 13 party's address. 14 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98; 15 90-655, eff. 7-30-98.)