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92_SB0661eng SB661 Engrossed LRB9208062DJgc 1 AN ACT in relation to families. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Marriage and Dissolution of 5 Marriage Act is amended by changing Section 505 as follows: 6 (750 ILCS 5/505) (from Ch. 40, par. 505) 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% SB661 Engrossed -2- LRB9208062DJgc 1 (2) The above guidelines shall be applied in each 2 case unless the court makes a finding that application of 3 the guidelines would be inappropriate, after considering 4 the best interests of the child in light of evidence 5 including but not limited to one or more of the following 6 relevant factors: 7 (a) the financial resources and needs of the 8 child; 9 (b) the financial resources and needs of the 10 custodial parent; 11 (c) the standard of living the child would 12 have enjoyed had the marriage not been dissolved; 13 (d) the physical and emotional condition of 14 the child, and his educational needs; and 15 (e) the financial resources and needs of the 16 non-custodial parent. 17 If the court deviates from the guidelines, the 18 court's finding shall state the amount of support that 19 would have been required under the guidelines, if 20 determinable. The court shall include the reason or 21 reasons for the variance from the guidelines. 22 (3) "Net income" is defined as the total of all 23 income from all sources, minus the following deductions: 24 (a) Federal income tax (properly calculated 25 withholding or estimated payments); 26 (b) State income tax (properly calculated 27 withholding or estimated payments); 28 (c) Social Security (FICA payments); 29 (d) Mandatory retirement contributions 30 required by law or as a condition of employment; 31 (e) Union dues; 32 (f) Dependent and individual 33 health/hospitalization insurance premiums; 34 (g) Prior obligations of support or SB661 Engrossed -3- LRB9208062DJgc 1 maintenance actually paid pursuant to a court order; 2 (h) Expenditures for repayment of debts that 3 represent reasonable and necessary expenses for the 4 production of income, medical expenditures necessary 5 to preserve life or health, reasonable expenditures 6 for the benefit of the child and the other parent, 7 exclusive of gifts. The court shall reduce net 8 income in determining the minimum amount of support 9 to be ordered only for the period that such payments 10 are due and shall enter an order containing 11 provisions for its self-executing modification upon 12 termination of such payment period. 13 (4) In cases where the court order provides for 14 health/hospitalization insurance coverage pursuant to 15 Section 505.2 of this Act, the premiums for that 16 insurance, or that portion of the premiums for which the 17 supporting party is responsible in the case of insurance 18 provided through an employer's health insurance plan 19 where the employer pays a portion of the premiums, shall 20 be subtracted from net income in determining the minimum 21 amount of support to be ordered. 22 (4.5) In a proceeding for child support following 23 dissolution of the marriage by a court that lacked 24 personal jurisdiction over the absent spouse, and in 25 which the court is requiring payment of support for the 26 period before the date an order for current support is 27 entered, there is a rebuttable presumption that the 28 supporting party's net income for the prior period was 29 the same as his or her net income at the time the order 30 for current support is entered. 31 (5) If the net income cannot be determined because 32 of default or any other reason, the court shall order 33 support in an amount considered reasonable in the 34 particular case. The final order in all cases shall SB661 Engrossed -4- LRB9208062DJgc 1 state the support level in dollar amounts. However, if 2 the court finds that the child support amount cannot be 3 expressed exclusively as a dollar amount because all or a 4 portion of the payor's net income is uncertain as to 5 source, time of payment, or amount, the court may order a 6 percentage amount of support in addition to a specific 7 dollar amount and enter such other orders as may be 8 necessary to determine and enforce, on a timely basis, 9 the applicable support ordered. 10 (6) If (i) the non-custodial parent was properly 11 served with a request for discovery of financial 12 information relating to the non-custodial parent's 13 ability to provide child support, (ii) the non-custodial 14 parent failed to comply with the request, despite having 15 been ordered to do so by the court, and (iii) the 16 non-custodial parent is not present at the hearing to 17 determine support despite having received proper notice, 18 then any relevant financial information concerning the 19 non-custodial parent's ability to provide child support 20 that was obtained pursuant to subpoena and proper notice 21 shall be admitted into evidence without the need to 22 establish any further foundation for its admission. 23 (a-5) In an action to enforce an order for support based 24 on the respondent's failure to make support payments as 25 required by the order, notice of proceedings to hold the 26 respondent in contempt for that failure may be served on the 27 respondent by personal service or by regular mail addressed 28 to the respondent's last known address. The respondent's 29 last known address may be determined from records of the 30 clerk of the court, from the Federal Case Registry of Child 31 Support Orders, or by any other reasonable means. 32 (b) Failure of either parent to comply with an order to 33 pay support shall be punishable as in other cases of 34 contempt. In addition to other penalties provided by law the SB661 Engrossed -5- LRB9208062DJgc 1 Court may, after finding the parent guilty of contempt, order 2 that the parent be: 3 (1) placed on probation with such conditions of 4 probation as the Court deems advisable; 5 (2) sentenced to periodic imprisonment for a period 6 not to exceed 6 months; provided, however, that the Court 7 may permit the parent to be released for periods of time 8 during the day or night to: 9 (A) work; or 10 (B) conduct a business or other self-employed 11 occupation. 12 The Court may further order any part or all of the 13 earnings of a parent during a sentence of periodic 14 imprisonment paid to the Clerk of the Circuit Court or to the 15 parent having custody or to the guardian having custody of 16 the minor children of the sentenced parent for the support of 17 said minor children until further order of the Court. 18 If there is a unity of interest and ownership sufficient 19 to render no financial separation between a non-custodial 20 parent and another person or persons or business entity, the 21 court may pierce the ownership veil of the person, persons, 22 or business entity to discover assets of the non-custodial 23 parent held in the name of that person, those persons, or 24 that business entity. The following circumstances are 25 sufficient to authorize a court to order discovery of the 26 assets of a person, persons, or business entity and to compel 27 the application of any discovered assets toward payment on 28 the judgment for support: 29 (1) the non-custodial parent and the person, 30 persons, or business entity maintain records together. 31 (2) the non-custodial parent and the person, 32 persons, or business entity fail to maintain an arms 33 length relationship between themselves with regard to any 34 assets. SB661 Engrossed -6- LRB9208062DJgc 1 (3) the non-custodial parent transfers assets to 2 the person, persons, or business entity with the intent 3 to perpetrate a fraud on the custodial parent. 4 With respect to assets which are real property, no order 5 entered under this paragraph shall affect the rights of bona 6 fide purchasers, mortgagees, judgment creditors, or other 7 lien holders who acquire their interests in the property 8 prior to the time a notice of lis pendens pursuant to the 9 Code of Civil Procedure or a copy of the order is placed of 10 record in the office of the recorder of deeds for the county 11 in which the real property is located. 12 The court may also order in cases where the parent is 90 13 days or more delinquent in payment of support or has been 14 adjudicated in arrears in an amount equal to 90 days 15 obligation or more, that the parent's Illinois driving 16 privileges be suspended until the court determines that the 17 parent is in compliance with the order of support. The court 18 may also order that the parent be issued a family financial 19 responsibility driving permit that would allow limited 20 driving privileges for employment and medical purposes in 21 accordance with Section 7-702.1 of the Illinois Vehicle Code. 22 The clerk of the circuit court shall certify the order 23 suspending the driving privileges of the parent or granting 24 the issuance of a family financial responsibility driving 25 permit to the Secretary of State on forms prescribed by the 26 Secretary. Upon receipt of the authenticated documents, the 27 Secretary of State shall suspend the parent's driving 28 privileges until further order of the court and shall, if 29 ordered by the court, subject to the provisions of Section 30 7-702.1 of the Illinois Vehicle Code, issue a family 31 financial responsibility driving permit to the parent. 32 In addition to the penalties or punishment that may be 33 imposed under this Section, any person whose conduct 34 constitutes a violation of Section 15 of the Non-Support SB661 Engrossed -7- LRB9208062DJgc 1 Punishment Act may be prosecuted under that Act, and a person 2 convicted under that Act may be sentenced in accordance with 3 that Act. The sentence may include but need not be limited 4 to a requirement that the person perform community service 5 under Section 50 of that Act or participate in a work 6 alternative program under Section 50 of that Act. A person 7 may not be required to participate in a work alternative 8 program under Section 50 of that Act if the person is 9 currently participating in a work program pursuant to Section 10 505.1 of this Act. 11 A support obligation, or any portion of a support 12 obligation, which becomes due and remains unpaid for 30 days 13 or more shall accrue interest at the rate of 9% per annum. 14 (c) A one-time charge of 20% is imposable upon the 15 amount of past-due child support owed on July 1, 1988 which 16 has accrued under a support order entered by the court. The 17 charge shall be imposed in accordance with the provisions of 18 Section 10-21 of the Illinois Public Aid Code and shall be 19 enforced by the court upon petition. 20 (d) Any new or existing support order entered by the 21 court under this Section shall be deemed to be a series of 22 judgments against the person obligated to pay support 23 thereunder, each such judgment to be in the amount of each 24 payment or installment of support and each such judgment to 25 be deemed entered as of the date the corresponding payment or 26 installment becomes due under the terms of the support order. 27 Each such judgment shall have the full force, effect and 28 attributes of any other judgment of this State, including the 29 ability to be enforced. A lien arises by operation of law 30 against the real and personal property of the noncustodial 31 parent for each installment of overdue support owed by the 32 noncustodial parent. 33 (e) When child support is to be paid through the clerk 34 of the court in a county of 1,000,000 inhabitants or less, SB661 Engrossed -8- LRB9208062DJgc 1 the order shall direct the obligor to pay to the clerk, in 2 addition to the child support payments, all fees imposed by 3 the county board under paragraph (3) of subsection (u) of 4 Section 27.1 of the Clerks of Courts Act. Unless paid in 5 cash or pursuant to an order for withholding, the payment of 6 the fee shall be by a separate instrument from the support 7 payment and shall be made to the order of the Clerk. 8 (f) All orders for support, when entered or modified, 9 shall include a provision requiring the obligor to notify the 10 court and, in cases in which a party is receiving child and 11 spouse services under Article X of the Illinois Public Aid 12 Code, the Illinois Department of Public Aid, within 7 days, 13 (i) of the name and address of any new employer of the 14 obligor, (ii) whether the obligor has access to health 15 insurance coverage through the employer or other group 16 coverage and, if so, the policy name and number and the names 17 of persons covered under the policy, and (iii) of any new 18 residential or mailing address or telephone number of the 19 non-custodial parent. In any subsequent action to enforce a 20 support order, upon a sufficient showing that a diligent 21 effort has been made to ascertain the location of the 22 non-custodial parent, service of process or provision of 23 notice necessary in the case may be made at the last known 24 address of the non-custodial parent in any manner expressly 25 provided by the Code of Civil Procedure or this Act, which 26 service shall be sufficient for purposes of due process. 27 (g) An order for support shall include a date on which 28 the current support obligation terminates. The termination 29 date shall be no earlier than the date on which the child 30 covered by the order will attain the age of majority or is 31 otherwise emancipated. The order for support shall state that 32 the termination date does not apply to any arrearage that may 33 remain unpaid on that date. Nothing in this subsection shall 34 be construed to prevent the court from modifying the order. SB661 Engrossed -9- LRB9208062DJgc 1 (h) An order entered under this Section shall include a 2 provision requiring the obligor to report to the obligee and 3 to the clerk of court within 10 days each time the obligor 4 obtains new employment, and each time the obligor's 5 employment is terminated for any reason. The report shall be 6 in writing and shall, in the case of new employment, include 7 the name and address of the new employer. Failure to report 8 new employment or the termination of current employment, if 9 coupled with nonpayment of support for a period in excess of 10 60 days, is indirect criminal contempt. For any obligor 11 arrested for failure to report new employment bond shall be 12 set in the amount of the child support that should have been 13 paid during the period of unreported employment. An order 14 entered under this Section shall also include a provision 15 requiring the obligor and obligee parents to advise each 16 other of a change in residence within 5 days of the change 17 except when the court finds that the physical, mental, or 18 emotional health of a party or that of a minor child, or 19 both, would be seriously endangered by disclosure of the 20 party's address. 21 (i) The court does not lose the powers of contempt, 22 driver's license suspension, or other child support 23 enforcement mechanisms, including, but not limited to, 24 criminal prosecution as set forth in this Act, upon the 25 emancipation of the minor child or children. 26 (Source: P.A. 90-18, eff. 7-1-97; 90-476, eff. 1-1-98; 27 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-733, eff. 28 8-11-98; 91-113, eff. 7-15-99; 91-397, eff. 1-1-00; 91-655, 29 eff. 6-1-00; 91-767, eff. 6-9-00; revised 6-28-00.) 30 Section 99. Effective date. This Act takes effect upon 31 becoming law.