SB2569 EngrossedLRB097 13260 AJO 57769 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Marriage and Dissolution of
5Marriage Act is amended by changing Sections 503 and 505 as
6follows:
 
7    (750 ILCS 5/503)  (from Ch. 40, par. 503)
8    Sec. 503. Disposition of property.
9    (a) For purposes of this Act, "marital property" means all
10property acquired by either spouse subsequent to the marriage,
11except the following, which is known as "non-marital property":
12        (1) property acquired by gift, legacy or descent;
13        (2) property acquired in exchange for property
14    acquired before the marriage or in exchange for property
15    acquired by gift, legacy or descent;
16        (3) property acquired by a spouse after a judgment of
17    legal separation;
18        (4) property excluded by valid agreement of the
19    parties;
20        (5) any judgment or property obtained by judgment
21    awarded to a spouse from the other spouse;
22        (6) property acquired before the marriage;
23        (7) the increase in value of property acquired by a

 

 

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1    method listed in paragraphs (1) through (6) of this
2    subsection, irrespective of whether the increase results
3    from a contribution of marital property, non-marital
4    property, the personal effort of a spouse, or otherwise,
5    subject to the right of reimbursement provided in
6    subsection (c) of this Section; and
7        (8) income from property acquired by a method listed in
8    paragraphs (1) through (7) of this subsection if the income
9    is not attributable to the personal effort of a spouse.
10    (b)(1) For purposes of distribution of property pursuant to
11this Section, all property acquired by either spouse after the
12marriage and before a judgment of dissolution of marriage or
13declaration of invalidity of marriage, including non-marital
14property transferred into some form of co-ownership between the
15spouses, is presumed to be marital property, regardless of
16whether title is held individually or by the spouses in some
17form of co-ownership such as joint tenancy, tenancy in common,
18tenancy by the entirety, or community property. The presumption
19of marital property is overcome by a showing that the property
20was acquired by a method listed in subsection (a) of this
21Section.
22    (2) For purposes of distribution of property pursuant to
23this Section, all pension benefits (including pension benefits
24under the Illinois Pension Code) acquired by either spouse
25after the marriage and before a judgment of dissolution of
26marriage or declaration of invalidity of the marriage are

 

 

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1presumed to be marital property, regardless of which spouse
2participates in the pension plan. The presumption that these
3pension benefits are marital property is overcome by a showing
4that the pension benefits were acquired by a method listed in
5subsection (a) of this Section. The right to a division of
6pension benefits in just proportions under this Section is
7enforceable under Section 1-119 of the Illinois Pension Code.
8    The value of pension benefits in a retirement system
9subject to the Illinois Pension Code shall be determined in
10accordance with the valuation procedures established by the
11retirement system.
12    The recognition of pension benefits as marital property and
13the division of those benefits pursuant to a Qualified Illinois
14Domestic Relations Order shall not be deemed to be a
15diminishment, alienation, or impairment of those benefits. The
16division of pension benefits is an allocation of property in
17which each spouse has a species of common ownership.
18    (3) For purposes of distribution of property under this
19Section, all stock options granted to either spouse after the
20marriage and before a judgment of dissolution of marriage or
21declaration of invalidity of marriage, whether vested or
22non-vested or whether their value is ascertainable, are
23presumed to be marital property. This presumption of marital
24property is overcome by a showing that the stock options were
25acquired by a method listed in subsection (a) of this Section.
26The court shall allocate stock options between the parties at

 

 

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1the time of the judgment of dissolution of marriage or
2declaration of invalidity of marriage recognizing that the
3value of the stock options may not be then determinable and
4that the actual division of the options may not occur until a
5future date. In making the allocation between the parties, the
6court shall consider, in addition to the factors set forth in
7subsection (d) of this Section, the following:
8        (i) All circumstances underlying the grant of the stock
9    option including but not limited to whether the grant was
10    for past, present, or future efforts, or any combination
11    thereof.
12        (ii) The length of time from the grant of the option to
13    the time the option is exercisable.
14    (b-5) As to any policy of life insurance insuring the life
15of either spouse, or any interest in such policy, that
16constitutes marital property, whether whole life, term life,
17group term life, universal life, or other form of life
18insurance policy, and whether or not the value is
19ascertainable, the court shall allocate ownership, death
20benefits or the right to assign death benefits, and the
21obligation for premium payments, if any, equitably between the
22parties at the time of the judgment for dissolution or
23declaration of invalidity of marriage.
24    (c) Commingled marital and non-marital property shall be
25treated in the following manner, unless otherwise agreed by the
26spouses:

 

 

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1        (1) When marital and non-marital property are
2    commingled by contributing one estate of property into
3    another resulting in a loss of identity of the contributed
4    property, the classification of the contributed property
5    is transmuted to the estate receiving the contribution,
6    subject to the provisions of paragraph (2) of this
7    subsection; provided that if marital and non-marital
8    property are commingled into newly acquired property
9    resulting in a loss of identity of the contributing
10    estates, the commingled property shall be deemed
11    transmuted to marital property, subject to the provisions
12    of paragraph (2) of this subsection.
13        (2) When one estate of property makes a contribution to
14    another estate of property, or when a spouse contributes
15    personal effort to non-marital property, the contributing
16    estate shall be reimbursed from the estate receiving the
17    contribution notwithstanding any transmutation; provided,
18    that no such reimbursement shall be made with respect to a
19    contribution which is not retraceable by clear and
20    convincing evidence, or was a gift, or, in the case of a
21    contribution of personal effort of a spouse to non-marital
22    property, unless the effort is significant and results in
23    substantial appreciation of the non-marital property.
24    Personal effort of a spouse shall be deemed a contribution
25    by the marital estate. The court may provide for
26    reimbursement out of the marital property to be divided or

 

 

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1    by imposing a lien against the non-marital property which
2    received the contribution.
3    (d) In a proceeding for dissolution of marriage or
4declaration of invalidity of marriage, or in a proceeding for
5disposition of property following dissolution of marriage by a
6court which lacked personal jurisdiction over the absent spouse
7or lacked jurisdiction to dispose of the property, the court
8shall assign each spouse's non-marital property to that spouse.
9It also shall divide the marital property without regard to
10marital misconduct in just proportions considering all
11relevant factors, including:
12        (1) the contribution of each party to the acquisition,
13    preservation, or increase or decrease in value of the
14    marital or non-marital property, including (i) any such
15    decrease attributable to a payment deemed to have been an
16    advance from the parties' marital estate under subsection
17    (c-1)(2) of Section 501 and (ii) the contribution of a
18    spouse as a homemaker or to the family unit;
19        (2) the dissipation by each party of the marital or
20    non-marital property, provided that a party's claim of
21    dissipation is subject to the following conditions: ;
22            (i) a notice of intent to claim dissipation shall
23        be given no later than 60 days before trial or 30 days
24        after discovery closes, whichever is later;
25            (ii) the notice of intent to claim dissipation
26        shall contain, at a minimum, a date or period of time

 

 

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1        during which the marriage began undergoing an
2        irretrievable breakdown, an identification of the
3        property dissipated, and a date or period of time
4        during which the dissipation occurred;
5            (iii) the notice of intent to claim dissipation
6        shall be filed with the clerk of the court and be
7        served pursuant to applicable rules;
8            (iv) no dissipation shall be deemed to have
9        occurred prior to 5 years before the filing of the
10        petition for dissolution of marriage, or 3 years after
11        the party claiming dissipation knew or should have
12        known of the dissipation;
13        (3) the value of the property assigned to each spouse;
14        (4) the duration of the marriage;
15        (5) the relevant economic circumstances of each spouse
16    when the division of property is to become effective,
17    including the desirability of awarding the family home, or
18    the right to live therein for reasonable periods, to the
19    spouse having custody of the children;
20        (6) any obligations and rights arising from a prior
21    marriage of either party;
22        (7) any antenuptial agreement of the parties;
23        (8) the age, health, station, occupation, amount and
24    sources of income, vocational skills, employability,
25    estate, liabilities, and needs of each of the parties;
26        (9) the custodial provisions for any children;

 

 

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1        (10) whether the apportionment is in lieu of or in
2    addition to maintenance;
3        (11) the reasonable opportunity of each spouse for
4    future acquisition of capital assets and income; and
5        (12) the tax consequences of the property division upon
6    the respective economic circumstances of the parties.
7    (e) Each spouse has a species of common ownership in the
8marital property which vests at the time dissolution
9proceedings are commenced and continues only during the
10pendency of the action. Any such interest in marital property
11shall not encumber that property so as to restrict its
12transfer, assignment or conveyance by the title holder unless
13such title holder is specifically enjoined from making such
14transfer, assignment or conveyance.
15    (f) In a proceeding for dissolution of marriage or
16declaration of invalidity of marriage or in a proceeding for
17disposition of property following dissolution of marriage by a
18court that lacked personal jurisdiction over the absent spouse
19or lacked jurisdiction to dispose of the property, the court,
20in determining the value of the marital and non-marital
21property for purposes of dividing the property, shall value the
22property as of the date of trial or some other date as close to
23the date of trial as is practicable.
24    (g) The court if necessary to protect and promote the best
25interests of the children may set aside a portion of the
26jointly or separately held estates of the parties in a separate

 

 

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1fund or trust for the support, maintenance, education, physical
2and mental health, and general welfare of any minor, dependent,
3or incompetent child of the parties. In making a determination
4under this subsection, the court may consider, among other
5things, the conviction of a party of any of the offenses set
6forth in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
712-3.3, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-13, 12-14, 12-14.1,
812-15, or 12-16, or Section 12-3.05 except for subdivision
9(a)(4) or (g)(1), of the Criminal Code of 1961 if the victim is
10a child of one or both of the parties, and there is a need for,
11and cost of, care, healing and counseling for the child who is
12the victim of the crime.
13    (h) Unless specifically directed by a reviewing court, or
14upon good cause shown, the court shall not on remand consider
15any increase or decrease in the value of any "marital" or
16"non-marital" property occurring since the assessment of such
17property at the original trial or hearing, but shall use only
18that assessment made at the original trial or hearing.
19    (i) The court may make such judgments affecting the marital
20property as may be just and may enforce such judgments by
21ordering a sale of marital property, with proceeds therefrom to
22be applied as determined by the court.
23    (j) After proofs have closed in the final hearing on all
24other issues between the parties (or in conjunction with the
25final hearing, if all parties so stipulate) and before judgment
26is entered, a party's petition for contribution to fees and

 

 

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1costs incurred in the proceeding shall be heard and decided, in
2accordance with the following provisions:
3        (1) A petition for contribution, if not filed before
4    the final hearing on other issues between the parties,
5    shall be filed no later than 30 days after the closing of
6    proofs in the final hearing or within such other period as
7    the court orders.
8        (2) Any award of contribution to one party from the
9    other party shall be based on the criteria for division of
10    marital property under this Section 503 and, if maintenance
11    has been awarded, on the criteria for an award of
12    maintenance under Section 504.
13        (3) The filing of a petition for contribution shall not
14    be deemed to constitute a waiver of the attorney-client
15    privilege between the petitioning party and current or
16    former counsel; and such a waiver shall not constitute a
17    prerequisite to a hearing for contribution. If either
18    party's presentation on contribution, however, includes
19    evidence within the scope of the attorney-client
20    privilege, the disclosure or disclosures shall be narrowly
21    construed and shall not be deemed by the court to
22    constitute a general waiver of the privilege as to matters
23    beyond the scope of the presentation.
24        (4) No finding on which a contribution award is based
25    or denied shall be asserted against counsel or former
26    counsel for purposes of any hearing under subsection (c) or

 

 

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1    (e) of Section 508.
2        (5) A contribution award (payable to either the
3    petitioning party or the party's counsel, or jointly, as
4    the court determines) may be in the form of either a set
5    dollar amount or a percentage of fees and costs (or a
6    portion of fees and costs) to be subsequently agreed upon
7    by the petitioning party and counsel or, alternatively,
8    thereafter determined in a hearing pursuant to subsection
9    (c) of Section 508 or previously or thereafter determined
10    in an independent proceeding under subsection (e) of
11    Section 508.
12        (6) The changes to this Section 503 made by this
13    amendatory Act of 1996 apply to cases pending on or after
14    June 1, 1997, except as otherwise provided in Section 508.
15    The changes made to this Section by this amendatory Act of
16the 97th General Assembly apply only to petitions for
17dissolution of marriage filed on or after the effective date of
18this amendatory Act of the 97th General Assembly.
19(Source: P.A. 95-374, eff. 1-1-08; 96-583, eff. 1-1-10;
2096-1551, Article 1, Section 985, eff. 7-1-11; 96-1551, Article
212, Section 1100, eff. 7-1-11; 97-608, eff. 1-1-12; revised
229-26-11.)
 
23    (750 ILCS 5/505)  (from Ch. 40, par. 505)
24    Sec. 505. Child support; contempt; penalties.
25    (a) In a proceeding for dissolution of marriage, legal

 

 

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1separation, declaration of invalidity of marriage, a
2proceeding for child support following dissolution of the
3marriage by a court that which lacked personal jurisdiction
4over the absent spouse, a proceeding for modification of a
5previous order for child support under Section 510 of this Act,
6or any proceeding authorized under Section 501 or 601 of this
7Act, the court may order either or both parents owing a duty of
8support to a child of the marriage to pay an amount reasonable
9and necessary for the support of the child his support, without
10regard to marital misconduct. The duty of support owed to a
11child includes the obligation to provide for the reasonable and
12necessary educational, physical, mental and emotional health
13needs of the child. For purposes of this Section, the term
14"child" shall include any child under age 18 and any child
15under age 19 who is still attending high school.
16        (1) The Court shall determine the minimum amount of
17    support by using the following guidelines:
18Number of ChildrenPercent of Supporting Party's
19Net Income
20120%
21228%
22332%
23440%
24545%
256 or more50%
26        (2) The above guidelines shall be applied in each case

 

 

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1    unless the court finds that a deviation from the guidelines
2    is appropriate after considering the best interest of the
3    child in light of the evidence, including, but not limited
4    to, makes a finding that application of the guidelines
5    would be inappropriate, after considering the best
6    interests of the child in light of evidence including but
7    not limited to one or more of the following relevant
8    factors:
9            (a) the financial resources and needs of the child;
10            (b) the financial resources and needs of the
11        custodial parent;
12            (c) the standard of living the child would have
13        enjoyed had the marriage not been dissolved;
14            (d) the physical, mental, and emotional needs
15        condition of the child, and his educational needs; and
16            (d-5) the educational needs of the child; and
17            (e) the financial resources and needs of the
18        non-custodial parent.
19        If the court deviates from the guidelines, the court's
20    finding shall state the amount of support that would have
21    been required under the guidelines, if determinable. The
22    court shall include the reason or reasons for the variance
23    from the guidelines.
24        (2.5) The court, in its discretion, in addition to
25    setting child support pursuant to the guidelines and
26    factors, may order either or both parents owing a duty of

 

 

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1    support to a child of the marriage to contribute to the
2    following expenses, if determined by the court to be
3    reasonable:
4            (a) health needs not covered by insurance;
5            (b) child care;
6            (c) education; and
7            (d) extracurricular activities.
8        (3) "Net income" is defined as the total of all income
9    from all sources, minus the following deductions:
10            (a) Federal income tax (properly calculated
11        withholding or estimated payments);
12            (b) State income tax (properly calculated
13        withholding or estimated payments);
14            (c) Social Security (FICA payments);
15            (d) Mandatory retirement contributions required by
16        law or as a condition of employment;
17            (e) Union dues;
18            (f) Dependent and individual
19        health/hospitalization insurance premiums and life
20        insurance premiums for life insurance ordered by the
21        court to reasonably secure child support or support
22        ordered pursuant to Section 513, any such order to
23        entail provisions on which the parties agree or,
24        otherwise, in accordance with the limitations set
25        forth in subsection 504(f)(1) and (2);
26            (g) Prior obligations of support or maintenance

 

 

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1        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 income
8        in determining the minimum amount of support to be
9        ordered only for the period that such payments are due
10        and shall enter an order containing provisions for its
11        self-executing modification upon termination of such
12        payment period;
13            (i) Foster care payments paid by the Department of
14        Children and Family Services for providing licensed
15        foster care to a foster child.
16        (4) In cases where the court order provides for
17    health/hospitalization insurance coverage pursuant to
18    Section 505.2 of this Act, the premiums for that insurance,
19    or that portion of the premiums for which the supporting
20    party is responsible in the case of insurance provided
21    through an employer's health insurance plan where the
22    employer pays a portion of the premiums, shall be
23    subtracted from net income in determining the minimum
24    amount of support to be ordered.
25        (4.5) In a proceeding for child support following
26    dissolution of the marriage by a court that lacked personal

 

 

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1    jurisdiction over the absent spouse, and in which the court
2    is requiring payment of support for the period before the
3    date an order for current support is entered, there is a
4    rebuttable presumption that the supporting party's net
5    income for the prior period was the same as his or her net
6    income at the time the order for current support is
7    entered.
8        (5) If the net income cannot be determined because of
9    default or any other reason, the court shall order support
10    in an amount considered reasonable in the particular case.
11    The final order in all cases shall state the support level
12    in dollar amounts. However, if the court finds that the
13    child support amount cannot be expressed exclusively as a
14    dollar amount because all or a portion of the payor's net
15    income is uncertain as to source, time of payment, or
16    amount, the court may order a percentage amount of support
17    in addition to a specific dollar amount and enter such
18    other orders as may be necessary to determine and enforce,
19    on a timely basis, the applicable support ordered.
20        (6) If (i) the non-custodial parent was properly served
21    with a request for discovery of financial information
22    relating to the non-custodial parent's ability to provide
23    child support, (ii) the non-custodial parent failed to
24    comply with the request, despite having been ordered to do
25    so by the court, and (iii) the non-custodial parent is not
26    present at the hearing to determine support despite having

 

 

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1    received proper notice, then any relevant financial
2    information concerning the non-custodial parent's ability
3    to provide child support that was obtained pursuant to
4    subpoena and proper notice shall be admitted into evidence
5    without the need to establish any further foundation for
6    its admission.
7    (a-5) In an action to enforce an order for support based on
8the respondent's failure to make support payments as required
9by the order, notice of proceedings to hold the respondent in
10contempt for that failure may be served on the respondent by
11personal service or by regular mail addressed to the
12respondent's last known address. The respondent's last known
13address may be determined from records of the clerk of the
14court, from the Federal Case Registry of Child Support Orders,
15or by any other reasonable means.
16    (b) Failure of either parent to comply with an order to pay
17support shall be punishable as in other cases of contempt. In
18addition to other penalties provided by law the Court may,
19after finding the parent guilty of contempt, order that the
20parent be:
21        (1) placed on probation with such conditions of
22    probation as the Court deems advisable;
23        (2) sentenced to periodic imprisonment for a period not
24    to exceed 6 months; provided, however, that the Court may
25    permit the parent to be released for periods of time during
26    the day or night to:

 

 

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1            (A) work; or
2            (B) conduct a business or other self-employed
3        occupation.
4    The Court may further order any part or all of the earnings
5of a parent during a sentence of periodic imprisonment paid to
6the Clerk of the Circuit Court or to the parent having custody
7or to the guardian having custody of the children of the
8sentenced parent for the support of said children until further
9order of the Court.
10    If there is a unity of interest and ownership sufficient to
11render no financial separation between a non-custodial parent
12and another person or persons or business entity, the court may
13pierce the ownership veil of the person, persons, or business
14entity to discover assets of the non-custodial parent held in
15the name of that person, those persons, or that business
16entity. The following circumstances are sufficient to
17authorize a court to order discovery of the assets of a person,
18persons, or business entity and to compel the application of
19any discovered assets toward payment on the judgment for
20support:
21        (1) the non-custodial parent and the person, persons,
22    or business entity maintain records together.
23        (2) the non-custodial parent and the person, persons,
24    or business entity fail to maintain an arm's arms length
25    relationship between themselves with regard to any assets.
26        (3) the non-custodial parent transfers assets to the

 

 

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1    person, persons, or business entity with the intent to
2    perpetrate a fraud on the custodial parent.
3    With respect to assets which are real property, no order
4entered under this paragraph shall affect the rights of bona
5fide purchasers, mortgagees, judgment creditors, or other lien
6holders who acquire their interests in the property prior to
7the time a notice of lis pendens pursuant to the Code of Civil
8Procedure or a copy of the order is placed of record in the
9office of the recorder of deeds for the county in which the
10real property is located.
11    The court may also order in cases where the parent is 90
12days or more delinquent in payment of support or has been
13adjudicated in arrears in an amount equal to 90 days obligation
14or more, that the parent's Illinois driving privileges be
15suspended until the court determines that the parent is in
16compliance with the order of support. The court may also order
17that the parent be issued a family financial responsibility
18driving permit that would allow limited driving privileges for
19employment and medical purposes in accordance with Section
207-702.1 of the Illinois Vehicle Code. The clerk of the circuit
21court shall certify the order suspending the driving privileges
22of the parent or granting the issuance of a family financial
23responsibility driving permit to the Secretary of State on
24forms prescribed by the Secretary. Upon receipt of the
25authenticated documents, the Secretary of State shall suspend
26the parent's driving privileges until further order of the

 

 

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1court and shall, if ordered by the court, subject to the
2provisions of Section 7-702.1 of the Illinois Vehicle Code,
3issue a family financial responsibility driving permit to the
4parent.
5    In addition to the penalties or punishment that may be
6imposed under this Section, any person whose conduct
7constitutes a violation of Section 15 of the Non-Support
8Punishment Act may be prosecuted under that Act, and a person
9convicted under that Act may be sentenced in accordance with
10that Act. The sentence may include but need not be limited to a
11requirement that the person perform community service under
12Section 50 of that Act or participate in a work alternative
13program under Section 50 of that Act. A person may not be
14required to participate in a work alternative program under
15Section 50 of that Act if the person is currently participating
16in a work program pursuant to Section 505.1 of this Act.
17    A support obligation, or any portion of a support
18obligation, which becomes due and remains unpaid as of the end
19of each month, excluding the child support that was due for
20that month to the extent that it was not paid in that month,
21shall accrue simple interest as set forth in Section 12-109 of
22the Code of Civil Procedure. An order for support entered or
23modified on or after January 1, 2006 shall contain a statement
24that a support obligation required under the order, or any
25portion of a support obligation required under the order, that
26becomes due and remains unpaid as of the end of each month,

 

 

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1excluding the child support that was due for that month to the
2extent that it was not paid in that month, shall accrue simple
3interest as set forth in Section 12-109 of the Code of Civil
4Procedure. Failure to include the statement in the order for
5support does not affect the validity of the order or the
6accrual of interest as provided in this Section.
7    (c) A one-time charge of 20% is imposable upon the amount
8of past-due child support owed on July 1, 1988 which has
9accrued under a support order entered by the court. The charge
10shall be imposed in accordance with the provisions of Section
1110-21 of the Illinois Public Aid Code and shall be enforced by
12the court upon petition.
13    (d) Any new or existing support order entered by the court
14under this Section shall be deemed to be a series of judgments
15against the person obligated to pay support thereunder, each
16such judgment to be in the amount of each payment or
17installment of support and each such judgment to be deemed
18entered as of the date the corresponding payment or installment
19becomes due under the terms of the support order. Each such
20judgment shall have the full force, effect and attributes of
21any other judgment of this State, including the ability to be
22enforced. Notwithstanding any other State or local law to the
23contrary, a lien arises by operation of law against the real
24and personal property of the noncustodial parent for each
25installment of overdue support owed by the noncustodial parent.
26    (e) When child support is to be paid through the clerk of

 

 

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1the court in a county of 1,000,000 inhabitants or less, the
2order shall direct the obligor to pay to the clerk, in addition
3to the child support payments, all fees imposed by the county
4board under paragraph (3) of subsection (u) of Section 27.1 of
5the Clerks of Courts Act. Unless paid in cash or pursuant to an
6order for withholding, the payment of the fee shall be by a
7separate instrument from the support payment and shall be made
8to the order of the Clerk.
9    (f) All orders for support, when entered or modified, shall
10include a provision requiring the obligor to notify the court
11and, in cases in which a party is receiving child and spouse
12services under Article X of the Illinois Public Aid Code, the
13Department of Healthcare and Family Services, within 7 days,
14(i) of the name and address of any new employer of the obligor,
15(ii) whether the obligor has access to health insurance
16coverage through the employer or other group coverage and, if
17so, the policy name and number and the names of persons covered
18under the policy, and (iii) of any new residential or mailing
19address or telephone number of the non-custodial parent. In any
20subsequent action to enforce a support order, upon a sufficient
21showing that a diligent effort has been made to ascertain the
22location of the non-custodial parent, service of process or
23provision of notice necessary in the case may be made at the
24last known address of the non-custodial parent in any manner
25expressly provided by the Code of Civil Procedure or this Act,
26which service shall be sufficient for purposes of due process.

 

 

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1    (g) An order for support shall include a date on which the
2current support obligation terminates. The termination date
3shall be no earlier than the date on which the child covered by
4the order will attain the age of 18. However, if the child will
5not graduate from high school until after attaining the age of
618, then the termination date shall be no earlier than the
7earlier of the date on which the child's high school graduation
8will occur or the date on which the child will attain the age
9of 19. The order for support shall state that the termination
10date does not apply to any arrearage that may remain unpaid on
11that date. Nothing in this subsection shall be construed to
12prevent the court from modifying the order or terminating the
13order in the event the child is otherwise emancipated.
14    (g-5) If there is an unpaid arrearage or delinquency (as
15those terms are defined in the Income Withholding for Support
16Act) equal to at least one month's support obligation on the
17termination date stated in the order for support or, if there
18is no termination date stated in the order, on the date the
19child attains the age of majority or is otherwise emancipated,
20the periodic amount required to be paid for current support of
21that child immediately prior to that date shall automatically
22continue to be an obligation, not as current support but as
23periodic payment toward satisfaction of the unpaid arrearage or
24delinquency. That periodic payment shall be in addition to any
25periodic payment previously required for satisfaction of the
26arrearage or delinquency. The total periodic amount to be paid

 

 

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1toward satisfaction of the arrearage or delinquency may be
2enforced and collected by any method provided by law for
3enforcement and collection of child support, including but not
4limited to income withholding under the Income Withholding for
5Support Act. Each order for support entered or modified on or
6after the effective date of this amendatory Act of the 93rd
7General Assembly must contain a statement notifying the parties
8of the requirements of this subsection. Failure to include the
9statement in the order for support does not affect the validity
10of the order or the operation of the provisions of this
11subsection with regard to the order. This subsection shall not
12be construed to prevent or affect the establishment or
13modification of an order for support of a minor child or the
14establishment or modification of an order for support of a
15non-minor child or educational expenses under Section 513 of
16this Act.
17    (h) An order entered under this Section shall include a
18provision requiring the obligor to report to the obligee and to
19the clerk of court within 10 days each time the obligor obtains
20new employment, and each time the obligor's employment is
21terminated for any reason. The report shall be in writing and
22shall, in the case of new employment, include the name and
23address of the new employer. Failure to report new employment
24or the termination of current employment, if coupled with
25nonpayment of support for a period in excess of 60 days, is
26indirect criminal contempt. For any obligor arrested for

 

 

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1failure to report new employment bond shall be set in the
2amount of the child support that should have been paid during
3the period of unreported employment. An order entered under
4this Section shall also include a provision requiring the
5obligor and obligee parents to advise each other of a change in
6residence within 5 days of the change except when the court
7finds that the physical, mental, or emotional health of a party
8or that of a child, or both, would be seriously endangered by
9disclosure of the party's address.
10    (i) The court does not lose the powers of contempt,
11driver's license suspension, or other child support
12enforcement mechanisms, including, but not limited to,
13criminal prosecution as set forth in this Act, upon the
14emancipation of the minor child or children.
15(Source: P.A. 96-1134, eff. 7-21-10; 97-186, eff. 7-22-11;
1697-608, eff. 1-1-12; revised 10-4-11.)