Full Text of SB1612 97th General Assembly
SB1612enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning public aid.
| 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 Sections 10-8.1, 10-10, 10-11, 10-17.1, 10-25, and | 6 | | 10-25.5 and by adding Section 10-17.14 as follows:
| 7 | | (305 ILCS 5/10-8.1)
| 8 | | Sec. 10-8.1. Temporary order for child support. | 9 | | Notwithstanding any other
law to the contrary, pending the | 10 | | outcome of an
administrative determination of parentage, the | 11 | | Illinois Department shall issue
a temporary order for child | 12 | | support, upon motion by a party and a showing of
clear and | 13 | | convincing evidence of paternity. In determining the amount of | 14 | | the
temporary child support award, the Illinois Department | 15 | | shall use the
guidelines and standards set forth in subsection | 16 | | (a) of Section 505 and in
Section 505.2 of the Illinois | 17 | | Marriage and Dissolution of Marriage Act.
| 18 | | Any new or existing support order entered by the Illinois | 19 | | Department under
this Section shall be deemed to be a series of | 20 | | judgments against the person
obligated to pay support | 21 | | thereunder, each such judgment to be in the amount of
each | 22 | | payment or installment of support and each judgment to be | 23 | | 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 510 | 6 | | of the
Illinois Marriage and Dissolution of Marriage Act.
| 7 | | Notwithstanding any other State or local law to the contrary, a | 8 | | A lien arises by operation of law against the real and personal | 9 | | property of the
noncustodial parent for each
installment of | 10 | | overdue support owed by the noncustodial parent.
| 11 | | All orders for support entered or modified in a case in | 12 | | which a party is
receiving child support enforcement services | 13 | | under this
Article X shall include
a provision requiring the | 14 | | non-custodial parent to notify the Illinois
Department, within | 15 | | 7 days, (i) of the name, address, and telephone number of
any | 16 | | new
employer of the non-custodial parent, (ii) whether the | 17 | | non-custodial parent has
access to health insurance coverage | 18 | | through the employer or other group
coverage, and, if so, the | 19 | | policy name and number and the names of persons
covered under | 20 | | the policy, and (iii) of any new residential or mailing address
| 21 | | or telephone number of the non-custodial parent.
| 22 | | In any subsequent action to enforce a support order, upon | 23 | | sufficient showing
that diligent effort has been made to | 24 | | ascertain the location of the
non-custodial parent, service of | 25 | | process or provision of notice necessary in
that action may be | 26 | | made at the last known address of the non-custodial parent,
in |
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| 1 | | any manner expressly provided by the Code of
Civil Procedure or | 2 | | this Act, which service shall be sufficient for purposes of
due | 3 | | process.
| 4 | | An order for support shall include a date on which the | 5 | | current support
obligation terminates. The termination date | 6 | | shall be no earlier than the date
on which the child covered by | 7 | | the order will attain the age of
18. However, if the child will | 8 | | not graduate from high school until after
attaining the age
of | 9 | | 18, then the termination date shall be no earlier than the | 10 | | earlier of the
date on which
the child's high school graduation | 11 | | will occur or the date on which the child
will attain the
age | 12 | | of 19. The order for support shall state that the termination
| 13 | | date does not apply to any arrearage that may remain unpaid on | 14 | | that date.
Nothing in this paragraph shall be construed to | 15 | | prevent the Illinois Department
from modifying the order or | 16 | | terminating the order in the event the child is
otherwise | 17 | | emancipated.
| 18 | | If there is an unpaid arrearage or delinquency (as those | 19 | | terms are defined in the Income Withholding for Support Act) | 20 | | equal to at least one month's support obligation on the | 21 | | termination date stated in the order for support or, if there | 22 | | is no termination date stated in the order, on the date the | 23 | | child attains the age of majority or is otherwise emancipated, | 24 | | then the periodic amount required to be paid for current | 25 | | support of that child immediately prior to that date shall | 26 | | automatically continue to be an obligation, not as current |
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| 1 | | support but as periodic payment toward satisfaction of the | 2 | | unpaid arrearage or delinquency. That periodic payment shall be | 3 | | in addition to any periodic payment previously required for | 4 | | satisfaction of the arrearage or delinquency. The total | 5 | | periodic amount to be paid toward satisfaction of the arrearage | 6 | | or delinquency may be enforced and collected by any method | 7 | | provided by law for the enforcement and collection of child | 8 | | support, including but not limited to income withholding under | 9 | | the Income Withholding for Support Act. Each order for support | 10 | | entered or modified on or after the effective date of this | 11 | | amendatory Act of the 93rd General Assembly must contain a | 12 | | statement notifying the parties of the requirements of this | 13 | | paragraph. Failure to include the statement in the order for | 14 | | support does not affect the validity of the order or the | 15 | | operation of the provisions of this paragraph with regard to | 16 | | the order. This paragraph shall not be construed to prevent or | 17 | | affect the establishment or modification of an order for the | 18 | | support of a minor child or the establishment or modification | 19 | | of an order for the support of a non-minor child or educational | 20 | | expenses under Section 513 of the Illinois Marriage and | 21 | | Dissolution of Marriage Act.
| 22 | | (Source: P.A. 92-590, eff. 7-1-02; 92-876, eff. 6-1-03; | 23 | | 93-1061, eff. 1-1-05.)
| 24 | | (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
| 25 | | Sec. 10-10. Court enforcement; applicability also to |
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| 1 | | persons who are
not applicants or recipients. Except where the | 2 | | Illinois Department, by
agreement, acts for the local | 3 | | governmental unit, as provided in Section
10-3.1, local | 4 | | governmental units shall refer to the State's Attorney or
to | 5 | | the proper legal representative of the governmental unit, for
| 6 | | judicial enforcement as herein provided, instances of | 7 | | non-support or
insufficient support when the dependents are | 8 | | applicants or recipients
under Article VI. The Child and Spouse | 9 | | Support Unit
established by Section 10-3.1 may institute in | 10 | | behalf of the Illinois
Department any actions under this | 11 | | Section for judicial enforcement of
the support liability when | 12 | | the dependents are (a) applicants or
recipients under Articles | 13 | | III, IV, V or VII; (b) applicants or recipients
in a local | 14 | | governmental unit when the Illinois Department, by agreement,
| 15 | | acts for the unit; or (c) non-applicants or non-recipients who | 16 | | are
receiving child support enforcement services under this | 17 | | Article X, as
provided
in Section 10-1. Where the Child and | 18 | | Spouse Support Unit has exercised
its option and discretion not | 19 | | to apply the provisions of Sections 10-3 through
10-8, the | 20 | | failure by the Unit to apply such provisions shall not be a bar
| 21 | | to bringing an action under this Section.
| 22 | | Action shall be brought in the circuit court to obtain | 23 | | support, or
for the recovery of aid granted during the period | 24 | | such support was not
provided, or both for the obtainment of | 25 | | support and the recovery of the
aid provided. Actions for the | 26 | | recovery of aid may be taken separately
or they may be |
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| 1 | | consolidated with actions to obtain support. Such
actions may | 2 | | be brought in the name of the person or persons requiring
| 3 | | support, or may be brought in the name of the Illinois | 4 | | Department or the
local governmental unit, as the case | 5 | | requires, in behalf of such persons.
| 6 | | The court may enter such orders for the payment of moneys | 7 | | for the
support of the person as may be just and equitable and | 8 | | may direct
payment thereof for such period or periods of time | 9 | | as the circumstances
require, including support for a period | 10 | | before the date the order for support
is entered. The order may | 11 | | be entered against any or all of the defendant
responsible | 12 | | relatives and may be based upon the proportionate ability of
| 13 | | each to contribute to the person's support.
| 14 | | The Court shall determine the amount of child support | 15 | | (including child
support for a period before the date the order | 16 | | for child support is entered)
by
using the
guidelines and | 17 | | standards set forth in subsection (a) of Section 505 and in
| 18 | | Section 505.2 of the Illinois Marriage and Dissolution of | 19 | | Marriage Act.
For purposes of determining the amount of child | 20 | | support to be paid for a
period before the date the order for | 21 | | child support is entered, there is a
rebuttable
presumption | 22 | | that the responsible relative's net income for that period was | 23 | | the
same as his or her net income at the time the order is | 24 | | entered.
| 25 | | If (i) the responsible relative was properly served with a | 26 | | request for
discovery of
financial information relating to the |
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| 1 | | responsible relative's ability to provide
child support, (ii)
| 2 | | the responsible relative failed to comply with the request, | 3 | | despite having been
ordered to
do so by the court, and (iii) | 4 | | the responsible relative is not present at the
hearing to
| 5 | | determine support despite having received proper notice, then | 6 | | any relevant
financial
information concerning the responsible | 7 | | relative's ability to provide child
support
that was
obtained | 8 | | pursuant to subpoena and proper notice shall be admitted into | 9 | | evidence
without
the need to establish any further foundation | 10 | | for its admission.
| 11 | | An order entered under this Section shall include a | 12 | | provision requiring
the obligor to report to the obligee and to | 13 | | the clerk of court within 10 days
each time the obligor obtains | 14 | | new employment, and each time the obligor's
employment is | 15 | | terminated for any reason.
The report shall be in writing and | 16 | | shall, in the case of new employment,
include the name and | 17 | | address of the new employer.
Failure to report new employment | 18 | | or
the termination of current employment, if coupled with | 19 | | nonpayment of support
for a period in excess of 60 days, is | 20 | | indirect criminal contempt. For
any obligor arrested for | 21 | | failure to report new employment bond shall be set in
the | 22 | | amount of the child support that should have been paid during | 23 | | the period of
unreported employment. An order entered under | 24 | | this Section shall also include
a provision requiring the | 25 | | obligor and obligee parents to advise each other of a
change in | 26 | | residence within 5 days of the change
except when the court |
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| 1 | | finds that the physical, mental, or emotional health
of a party | 2 | | or that of a minor child, or both, would be seriously | 3 | | endangered by
disclosure of the party's address.
| 4 | | The Court shall determine the amount of maintenance using | 5 | | the standards
set forth in Section 504 of the Illinois Marriage | 6 | | and Dissolution of Marriage
Act.
| 7 | | Any new or existing support order entered by the court | 8 | | under this
Section shall be deemed to be a series of judgments | 9 | | against the person
obligated to pay support thereunder, each | 10 | | such judgment to be in the amount
of each payment or | 11 | | installment of support and each such judgment to be
deemed | 12 | | entered as of the date the corresponding payment or installment
| 13 | | becomes due under the terms of the support order. Each such | 14 | | judgment shall
have the full force, effect and attributes of | 15 | | any other judgment of this
State, including the ability to be | 16 | | enforced. Any such judgment is subject
to modification or | 17 | | termination only in accordance with Section 510 of the
Illinois | 18 | | Marriage and Dissolution of Marriage Act.
Notwithstanding any | 19 | | other State or local law to the contrary, a A lien arises by | 20 | | operation of law against the real and personal property of
the | 21 | | noncustodial parent for each
installment of overdue support | 22 | | owed by the noncustodial parent.
| 23 | | When an order is entered for the support of a minor, the | 24 | | court may
provide therein for reasonable visitation of the | 25 | | minor by the person or
persons who provided support pursuant to | 26 | | the order. Whoever willfully
refuses to comply with such |
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| 1 | | visitation order or willfully interferes
with its enforcement | 2 | | may be declared in contempt of court and punished
therefor.
| 3 | | Except where the local governmental unit has entered into | 4 | | an
agreement with the Illinois Department for the Child and | 5 | | Spouse Support
Unit to act for it, as provided in Section | 6 | | 10-3.1, support orders
entered by the court in cases involving | 7 | | applicants or recipients under
Article VI shall provide that | 8 | | payments thereunder be made
directly to the local governmental | 9 | | unit. Orders for the support of all
other applicants or | 10 | | recipients shall provide that payments thereunder be
made | 11 | | directly to the Illinois Department.
In accordance with federal | 12 | | law and regulations, the Illinois Department may
continue to | 13 | | collect current maintenance payments or child support | 14 | | payments, or
both, after those persons cease to receive public | 15 | | assistance and until
termination of services under Article X. | 16 | | The Illinois Department shall pay the
net amount collected to | 17 | | those persons after deducting any costs incurred in
making
the | 18 | | collection or any collection fee from the amount of any | 19 | | recovery made. In both cases the order shall permit the local
| 20 | | governmental unit or the Illinois Department, as the case may | 21 | | be, to direct
the responsible relative or relatives to make | 22 | | support payments directly to
the needy person, or to some | 23 | | person or agency in his behalf, upon removal
of the person from | 24 | | the public aid rolls or upon termination of services under
| 25 | | Article X.
| 26 | | If the notice of support due issued pursuant to Section |
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| 1 | | 10-7 directs
that support payments be made directly to the | 2 | | needy person, or to some
person or agency in his behalf, and | 3 | | the recipient is removed from the
public aid rolls, court | 4 | | action may be taken against the responsible
relative hereunder | 5 | | if he fails to furnish support in accordance with the
terms of | 6 | | such notice.
| 7 | | Actions may also be brought under this Section in behalf of | 8 | | any
person who is in need of support from responsible | 9 | | relatives, as defined
in Section 2-11 of Article II who is not | 10 | | an applicant for or recipient
of financial aid under this Code. | 11 | | In such instances, the State's
Attorney of the county in which | 12 | | such person resides shall bring action
against the responsible | 13 | | relatives hereunder. If the Illinois
Department, as authorized | 14 | | by Section 10-1, extends the child support
enforcement
services
| 15 | | provided by this Article to spouses and dependent children who | 16 | | are not
applicants or recipients under this Code, the Child and | 17 | | Spouse Support
Unit established by Section 10-3.1 shall bring | 18 | | action against the
responsible relatives hereunder and any | 19 | | support orders entered by the
court in such cases shall provide | 20 | | that payments thereunder be made
directly to the Illinois | 21 | | Department.
| 22 | | Whenever it is determined in a proceeding to establish or | 23 | | enforce a child
support or maintenance obligation that the | 24 | | person owing a duty of support
is unemployed, the court may | 25 | | order the person to seek employment and report
periodically to | 26 | | the court with a diary, listing or other memorandum of his
or |
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| 1 | | her efforts in accordance with such order. Additionally, the | 2 | | court may
order the unemployed person to report to the | 3 | | Department of Employment
Security for job search services or to | 4 | | make application with the local Job
Training Partnership Act | 5 | | provider for participation in job search,
training or work | 6 | | programs and where the duty of support is owed to a child
| 7 | | receiving child support enforcement services under this | 8 | | Article X, the
court may
order the
unemployed person to report | 9 | | to the Illinois Department for participation
in job search, | 10 | | training or work programs established under Section 9-6 and
| 11 | | Article IXA of this Code.
| 12 | | Whenever it is determined that a person owes past-due | 13 | | support for a child
receiving assistance under this Code, the | 14 | | court shall order at the request of
the Illinois Department:
| 15 | | (1) that the person pay the past-due support in | 16 | | accordance with a plan
approved by the court; or
| 17 | | (2) if the person owing past-due support is unemployed, | 18 | | is subject to
such a plan, and is not incapacitated, that | 19 | | the person participate in such job
search, training, or | 20 | | work programs established under Section 9-6 and Article
IXA | 21 | | of this Code as the court 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 under | 25 | | these Sections, if made the basis of
court action under this | 26 | | Section, shall not affect the de novo judicial
determination |
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| 1 | | required under this Section.
| 2 | | A one-time charge of 20% is imposable upon the amount of | 3 | | past-due child
support owed on July 1, 1988 which has accrued | 4 | | under a support order
entered by the court. The charge shall be | 5 | | imposed in accordance with the
provisions of Section 10-21 of | 6 | | this Code and shall be enforced by the court
upon petition.
| 7 | | All orders for support, when entered or modified, shall
| 8 | | include a provision requiring the non-custodial parent to | 9 | | notify the court and,
in cases in which a party is receiving | 10 | | child support
enforcement services under
this Article X, the | 11 | | Illinois Department, within 7 days, (i) of the name,
address, | 12 | | and telephone number of any new employer of the non-custodial | 13 | | parent,
(ii) whether the non-custodial parent has access to | 14 | | health insurance coverage
through the employer or other group | 15 | | coverage and, if so, the policy name and
number and the names | 16 | | of persons covered under
the policy, and (iii) of any new | 17 | | residential or mailing address or telephone
number of the | 18 | | non-custodial parent. In any subsequent action to enforce a
| 19 | | support order, upon a sufficient showing that a diligent effort | 20 | | has been made
to ascertain the location of the non-custodial | 21 | | parent, service of process or
provision of notice necessary in | 22 | | the case may be made at the last known
address of the | 23 | | non-custodial parent in any manner expressly provided by the
| 24 | | Code of Civil Procedure or this Code, which service shall be | 25 | | sufficient for
purposes of due process.
| 26 | | An order for support shall include a date on which the |
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| 1 | | current support
obligation terminates. The termination date | 2 | | shall be no earlier than the
date on which the child covered by | 3 | | the order will attain the age of
18. However, if the child will | 4 | | not graduate from high school until after
attaining the age
of | 5 | | 18, then the termination date shall be no earlier than the | 6 | | earlier of the
date on which
the child's high school graduation | 7 | | will occur or the date on which the child
will attain the
age | 8 | | of 19. The order for support shall state
that the termination | 9 | | date does not apply to
any arrearage that may remain unpaid on | 10 | | that date. Nothing in this paragraph
shall be construed to | 11 | | prevent the court from modifying the order or terminating
the | 12 | | order in the event the child is otherwise emancipated.
| 13 | | If there is an unpaid arrearage or delinquency (as those | 14 | | terms are defined in the Income Withholding for Support Act) | 15 | | equal to at least one month's support obligation on the | 16 | | termination date stated in the order for support or, if there | 17 | | is no termination date stated in the order, on the date the | 18 | | child attains the age of majority or is otherwise emancipated, | 19 | | then the periodic amount required to be paid for current | 20 | | support of that child immediately prior to that date shall | 21 | | automatically continue to be an obligation, not as current | 22 | | support but as periodic payment toward satisfaction of the | 23 | | unpaid arrearage or delinquency. That periodic payment shall be | 24 | | in addition to any periodic payment previously required for | 25 | | satisfaction of the arrearage or delinquency. The total | 26 | | periodic amount to be paid toward satisfaction of the arrearage |
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| 1 | | or delinquency may be enforced and collected by any method | 2 | | provided by law for the enforcement and collection of child | 3 | | support, including but not limited to income withholding under | 4 | | the Income Withholding for Support Act. Each order for support | 5 | | entered or modified on or after the effective date of this | 6 | | amendatory Act of the 93rd General Assembly must contain a | 7 | | statement notifying the parties of the requirements of this | 8 | | paragraph. Failure to include the statement in the order for | 9 | | support does not affect the validity of the order or the | 10 | | operation of the provisions of this paragraph with regard to | 11 | | the order. This paragraph shall not be construed to prevent or | 12 | | affect the establishment or modification of an order for the | 13 | | support of a minor child or the establishment or modification | 14 | | of an order for the support of a non-minor child or educational | 15 | | expenses under Section 513 of the Illinois Marriage and | 16 | | Dissolution of Marriage Act.
| 17 | | Payments under this Section to the Illinois Department | 18 | | pursuant to the
Child Support Enforcement Program established | 19 | | by Title IV-D of the Social
Security Act shall be paid into the | 20 | | Child Support Enforcement Trust Fund.
All payments under this | 21 | | Section to the Illinois Department of Human
Services shall be | 22 | | deposited in the DHS Recoveries
Trust Fund. Disbursements from | 23 | | these funds shall be as provided in Sections
12-9.1 and 12-10.2 | 24 | | of this Code. Payments received by a local
governmental unit | 25 | | shall be deposited in that unit's General Assistance Fund.
| 26 | | To the extent the provisions of this Section are |
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| 1 | | inconsistent with the
requirements pertaining to the State | 2 | | Disbursement Unit under Sections 10-10.4
and 10-26 of this | 3 | | Code, the requirements pertaining to the State Disbursement
| 4 | | Unit shall apply.
| 5 | | (Source: P.A. 94-88, eff. 1-1-06; 95-331, eff. 8-21-07.)
| 6 | | (305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
| 7 | | Sec. 10-11. Administrative Orders. In lieu of actions for | 8 | | court
enforcement of support under Section 10-10, the Child and | 9 | | Spouse Support
Unit of the Illinois Department, in accordance | 10 | | with the rules of the
Illinois Department, may issue an | 11 | | administrative order requiring the
responsible relative to | 12 | | comply with the terms of the determination and
notice of | 13 | | support due, determined and issued under Sections 10-6 and | 14 | | 10-7.
The Unit may also enter an administrative order under | 15 | | subsection (b) of
Section 10-7. The administrative order shall | 16 | | be served upon the
responsible relative by United States | 17 | | registered or certified mail.
In cases in which the responsible | 18 | | relative appeared at the office of the
Child
and Spouse Support | 19 | | Unit in response to the notice of support obligation
issued | 20 | | under Section 10-4, however, or in cases of default in which | 21 | | the notice
was served on the responsible relative by certified | 22 | | mail, return receipt
requested, or by
any
method provided by | 23 | | law for service of summons, the administrative
determination of | 24 | | paternity or administrative support order may be sent to the
| 25 | | responsible relative by ordinary mail addressed to the |
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| 1 | | responsible relative's
last known address.
| 2 | | If a responsible relative or a person receiving child | 3 | | support
enforcement services under this Article fails to | 4 | | petition the Illinois
Department for
release from or | 5 | | modification of the administrative order, as provided in
| 6 | | Section 10-12 or Section 10-12.1, the order shall become final | 7 | | and there
shall be no further
administrative or judicial | 8 | | remedy. Likewise a decision by the Illinois
Department as a | 9 | | result of an administrative hearing, as provided in
Sections | 10 | | 10-13 to 10-13.10, shall become final and enforceable if not
| 11 | | judicially reviewed under the Administrative Review Law, as | 12 | | provided in
Section 10-14.
| 13 | | Any new or existing support order entered by the Illinois | 14 | | Department
under this Section shall be deemed to be a series of | 15 | | judgments against the
person obligated to pay support | 16 | | thereunder, each such judgment to be in the
amount of each | 17 | | payment or installment of support and each such judgment to
be | 18 | | deemed entered as of the date the corresponding payment or | 19 | | installment
becomes due under the terms of the support order. | 20 | | Each such judgment
shall have the full force, effect and | 21 | | attributes of any other judgment of
this State, including the | 22 | | ability to be enforced. Any such judgment is
subject to | 23 | | modification or termination only in accordance with Section 510
| 24 | | of the Illinois Marriage and Dissolution of Marriage Act.
| 25 | | Notwithstanding any other State or local law to the contrary, a | 26 | | A lien arises by operation of law against the real and personal |
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| 1 | | property of
the noncustodial parent for each
installment of | 2 | | overdue support owed by the noncustodial parent.
| 3 | | An order for support shall include a date on which the | 4 | | current support obligation terminates. The termination date | 5 | | shall be no earlier than the date on which the child covered by | 6 | | the order will attain the age of majority or is otherwise | 7 | | emancipated. The order for support shall state that the | 8 | | termination date does not apply to any arrearage that may | 9 | | remain unpaid on that date. Nothing in this paragraph shall be | 10 | | construed to prevent modification of the order by the | 11 | | Department. | 12 | | If there is an unpaid arrearage or delinquency (as those | 13 | | terms are defined in the Income Withholding for Support Act) | 14 | | equal to at least one month's support obligation on the | 15 | | termination date stated in the order for support or, if there | 16 | | is no termination date stated in the order, on the date the | 17 | | child attains the age of majority or is otherwise emancipated, | 18 | | then the periodic amount required to be paid for current | 19 | | support of that child immediately prior to that date shall | 20 | | automatically continue to be an obligation, not as current | 21 | | support but as periodic payment toward satisfaction of the | 22 | | unpaid arrearage or delinquency. That periodic payment shall be | 23 | | in addition to any periodic payment previously required for | 24 | | satisfaction of the arrearage or delinquency. The total | 25 | | periodic amount to be paid toward satisfaction of the arrearage | 26 | | or delinquency may be enforced and collected by any method |
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| 1 | | provided by law for the enforcement and collection of child | 2 | | support, including but not limited to income withholding under | 3 | | the Income Withholding for Support Act. Each order for support | 4 | | entered or modified on or after the effective date of this | 5 | | amendatory Act of the 93rd General Assembly must contain a | 6 | | statement notifying the parties of the requirements of this | 7 | | paragraph. Failure to include the statement in the order for | 8 | | support does not affect the validity of the order or the | 9 | | operation of the provisions of this paragraph with regard to | 10 | | the order. This paragraph shall not be construed to prevent or | 11 | | affect the establishment or modification of an order for the | 12 | | support of a minor child or the establishment or modification | 13 | | of an order for the support of a non-minor child or educational | 14 | | expenses under Section 513 of the Illinois Marriage and | 15 | | Dissolution of Marriage Act.
| 16 | | An order for support shall include a date on which the | 17 | | support obligation
terminates. The termination date shall be no | 18 | | earlier than the date on which
the child covered by the order | 19 | | will attain the age of 18. However, if the
child will not | 20 | | graduate from high school until after attaining the age of 18,
| 21 | | then the termination date shall be no earlier than the earlier | 22 | | of the date that
the child's graduation will occur or the date | 23 | | on which the child will attain
the age of 19. The order for | 24 | | support shall state that the termination date
does not apply to | 25 | | any arrearage that may remain unpaid on that date. Nothing
in | 26 | | this paragraph shall be construed to prevent the Illinois |
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| 1 | | Department from
modifying the order or terminating the order in | 2 | | the event the child is
otherwise emancipated.
| 3 | | (Source: P.A. 92-590, eff. 7-1-02; 92-876, eff. 6-1-03; | 4 | | 93-1061, eff. 1-1-05.)
| 5 | | (305 ILCS 5/10-17.1) (from Ch. 23, par. 10-17.1)
| 6 | | Sec. 10-17.1. Administrative Order by Registration. The | 7 | | Illinois
Department may provide by rule for the administrative | 8 | | registration of a
support order
entered by a court or | 9 | | administrative body of another
state.
The purpose of | 10 | | registration shall be to enforce or modify the order in
| 11 | | accordance with the provisions of the Uniform Interstate Family | 12 | | Support
Act. Upon
registration, such support order shall become | 13 | | an administrative order of
the Child and Spouse Support Unit by | 14 | | operation of law. The rule shall
provide for notice to and an | 15 | | opportunity to be heard by the responsible
relative and | 16 | | custodial parent affected, and any final administrative
| 17 | | decision rendered by the
Department shall be reviewed only | 18 | | under and in accordance with the
Administrative Review Law.
| 19 | | Any new or existing support order registered by the | 20 | | Illinois Department
under this Section shall be deemed to be a | 21 | | series of judgments against the
person obligated to pay support | 22 | | thereunder, each such judgment to be in the
amount of each | 23 | | payment or installment of support and each such judgment to
be | 24 | | deemed entered as of the date the corresponding payment or | 25 | | installment
becomes due under the terms of the support order. |
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| 1 | | Each such judgment
shall be
enforceable in the same manner as | 2 | | any other judgment in this State.
Notwithstanding any other | 3 | | State or local law to the contrary, a A lien arises by | 4 | | operation of law against the real and personal property of
the | 5 | | noncustodial parent for each
installment of overdue support | 6 | | owed by the noncustodial parent.
| 7 | | A one-time charge of 20% is imposable upon the amount of | 8 | | past-due child
support owed on July 1, 1988, which has accrued | 9 | | under a support order
registered by the Illinois Department | 10 | | under this Section. The charge shall
be imposed in accordance | 11 | | with the provisions of Section 10-21 and shall be
enforced by | 12 | | the court in a suit filed under Section 10-15.
| 13 | | (Source: P.A. 90-18, eff. 7-1-97; 90-790, eff. 8-14-98.)
| 14 | | (305 ILCS 5/10-17.14 new) | 15 | | Sec. 10-17.14. Denial of passports. The Illinois | 16 | | Department may provide by rule for certification to the | 17 | | Department of Health and Human Services of past due support | 18 | | owed by responsible relatives under a support order entered by | 19 | | a court or administrative body of this or any other State on | 20 | | behalf of resident or non-resident persons. The purpose of | 21 | | certification shall be to effect denial, revocation, | 22 | | restriction, or limitation of passports of responsible | 23 | | relatives owing past due support. | 24 | | The rule shall provide for notice to and an opportunity to | 25 | | be heard by the responsible relative affected and any final |
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| 1 | | administrative decision rendered by the Department shall be | 2 | | reviewed only under and in accordance with the Administrative | 3 | | Review Law. Certification shall be accomplished in accordance | 4 | | with Title IV, Part D of the federal Social Security Act and | 5 | | rules and regulations promulgated thereunder.
| 6 | | (305 ILCS 5/10-25)
| 7 | | Sec. 10-25.
Administrative liens and levies on real | 8 | | property for
past-due child support.
| 9 | | (a) Notwithstanding any other State or local law to the | 10 | | contrary, the The State shall have a lien on all legal and | 11 | | equitable interests of
responsible relatives in their real | 12 | | property
in the amount of past-due child support owing pursuant | 13 | | to an order
for child support entered under Sections 10-10 and | 14 | | 10-11 of this Code, or under
the Illinois Marriage and | 15 | | Dissolution of Marriage Act, the Non-Support of
Spouse and | 16 | | Children Act, the Non-Support Punishment Act, the Uniform
| 17 | | Interstate Family Support Act, or the
Illinois Parentage Act of | 18 | | 1984.
| 19 | | (b) The Illinois Department shall provide by rule for | 20 | | notice to and an
opportunity to be heard by each responsible | 21 | | relative affected, and any final
administrative decision | 22 | | rendered by the Illinois Department shall be reviewed
only | 23 | | under
and in accordance with the Administrative Review Law.
| 24 | | (c) When enforcing a lien under subsection (a) of this | 25 | | Section, the
Illinois Department shall have the authority to |
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| 1 | | execute notices of
administrative liens and levies, which shall | 2 | | contain the name and address of
the responsible relative, a | 3 | | legal description of the real property
to be levied, the fact | 4 | | that a lien
is being claimed for past-due child support, and | 5 | | such other information as the
Illinois Department may by rule | 6 | | prescribe. The Illinois Department shall
record the notice of | 7 | | lien with the recorder or registrar of titles of
the county or | 8 | | counties in which the real estate is located.
| 9 | | (d) The State's lien under subsection (a) shall be
| 10 | | enforceable upon the recording or filing of a notice of lien | 11 | | with the recorder
or registrar of titles of the county or | 12 | | counties in which the real estate is
located. The lien shall be | 13 | | prior to any lien thereafter recorded or filed and
shall be | 14 | | notice to a subsequent purchaser, assignor, or encumbrancer of | 15 | | the
existence and nature of the lien. The lien shall be | 16 | | inferior to the lien of
general taxes, special assessment, and | 17 | | special taxes heretofore or hereafter
levied by any political | 18 | | subdivision or municipal corporation of the State.
| 19 | | In the event that title to the land to be affected by the | 20 | | notice of lien is
registered under the Registered Titles | 21 | | (Torrens) Act, the notice shall be filed
in the office of the | 22 | | registrar of titles as a memorial or charge upon each
folium of | 23 | | the register of titles affected by the notice; but the State | 24 | | shall
not have a preference over the rights of any bona fide | 25 | | purchaser, mortgagee,
judgment creditor, or other lien holders | 26 | | registered prior to the registration
of the notice.
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| 1 | | (e) The recorder or registrar of titles of each county | 2 | | shall procure
a file labeled "Child Support Lien Notices" and | 3 | | an index book labeled "Child
Support Lien Notices". When notice | 4 | | of any lien is presented to the recorder or
registrar of titles | 5 | | for filing,
the recorder or registrar of titles shall file it | 6 | | in numerical order in the
file and shall enter it
| 7 | | alphabetically in the index. The entry shall show the name and | 8 | | last known
address of the person named in the notice, the | 9 | | serial number of the notice, the
date and hour of filing, and | 10 | | the amount of child support due at the time when
the lien is | 11 | | filed.
| 12 | | (f) The Illinois Department shall not be required to | 13 | | furnish bond or make a
deposit for or pay any costs or fees of | 14 | | any court or officer thereof in any
legal proceeding involving | 15 | | the lien.
| 16 | | (g) To protect the lien of the State for past-due child | 17 | | support, the
Illinois Department may, from funds that are | 18 | | available for that purpose, pay
or provide for the payment of | 19 | | necessary or essential repairs, purchase tax
certificates, pay | 20 | | balances due on land contracts, or pay or cause to be
satisfied | 21 | | any prior liens on the property to which the lien hereunder | 22 | | applies.
| 23 | | (h) A lien on real property under this Section shall be | 24 | | released
pursuant
to Section 12-101 of the Code of Civil | 25 | | Procedure.
| 26 | | (i) The Illinois Department, acting in behalf of the
State, |
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| 1 | | may foreclose the lien in a judicial proceeding to the same | 2 | | extent and
in the same manner as in the enforcement of other | 3 | | liens. The process,
practice, and procedure for the foreclosure | 4 | | shall be the same as provided in
the Code of Civil Procedure.
| 5 | | (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)
| 6 | | (305 ILCS 5/10-25.5)
| 7 | | Sec. 10-25.5.
Administrative liens and levies on personal | 8 | | property for
past-due child support.
| 9 | | (a) Notwithstanding any other State or local law to the | 10 | | contrary, the The State shall have a lien on all legal and | 11 | | equitable interests of
responsible relatives in their personal | 12 | | property, including any account in a
financial institution as | 13 | | defined
in Section 10-24, or in the case of an insurance | 14 | | company or benefit association
only in accounts as defined in | 15 | | Section 10-24, in the amount of past-due child
support owing | 16 | | pursuant to an order
for child support entered under Sections | 17 | | 10-10 and 10-11 of this Code, or under
the Illinois Marriage | 18 | | and Dissolution of Marriage Act, the Non-Support of
Spouse and | 19 | | Children Act, the Non-Support Punishment Act, the Uniform
| 20 | | Interstate Family Support Act, or the
Illinois Parentage Act of | 21 | | 1984.
| 22 | | (b) The Illinois Department shall provide by rule for | 23 | | notice to and an
opportunity to be heard by each responsible | 24 | | relative affected, and any final
administrative decision | 25 | | rendered by the Illinois Department shall be reviewed
only |
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| 1 | | under
and in accordance with the Administrative Review Law.
| 2 | | (c) When enforcing a lien under subsection (a) of this | 3 | | Section, the
Illinois Department shall have the authority to | 4 | | execute notices of
administrative liens and levies, which shall | 5 | | contain the name and address of
the responsible relative, a | 6 | | description of the property
to be levied, the fact that a lien
| 7 | | is being claimed for past-due child support, and such other | 8 | | information as the
Illinois Department may by rule prescribe. | 9 | | The Illinois Department may
serve the notice of lien or levy | 10 | | upon any financial institution where
the accounts as defined in | 11 | | Section 10-24 of the responsible relative may be
held, for | 12 | | encumbrance or surrender of the accounts as defined in Section | 13 | | 10-24
by the financial institution.
| 14 | | (d) The Illinois Department shall enforce its lien against | 15 | | the responsible
relative's personal property, other than | 16 | | accounts as defined in Section 10-24
in financial institutions,
| 17 | | and
levy upon such personal property in the manner provided for | 18 | | enforcement of
judgments contained in Article XII of the Code | 19 | | of Civil Procedure.
| 20 | | (e) The Illinois Department shall not be required to | 21 | | furnish bond or make a
deposit for or pay any costs or fees of | 22 | | any court or officer thereof in any
legal proceeding involving | 23 | | the lien.
| 24 | | (f) To protect the lien of the State for past-due child | 25 | | support, the
Illinois Department may, from funds that are | 26 | | available for that purpose, pay
or provide for the payment of |
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| 1 | | necessary or essential repairs, purchase tax
certificates, or | 2 | | pay or cause to be
satisfied any prior liens on the property to | 3 | | which the lien hereunder applies.
| 4 | | (g) A lien on personal property under this Section shall be | 5 | | released
in the manner provided under Article XII
of the Code | 6 | | of Civil Procedure.
Notwithstanding the foregoing, a lien under | 7 | | this Section on accounts as defined
in Section 10-24 shall | 8 | | expire upon the passage of 120 days from the date of
issuance | 9 | | of the Notice of Lien or Levy by the Illinois Department. | 10 | | However,
the lien
shall remain in effect during the pendency of | 11 | | any appeal or protest.
| 12 | | (h) A lien created under this Section is subordinate to any | 13 | | prior lien of
the financial institution or any prior lien | 14 | | holder or any prior right of
set-off that the financial | 15 | | institution may have against the assets, or in the
case of an | 16 | | insurance company or benefit association only in the accounts | 17 | | as
defined in Section 10-24.
| 18 | | (i) A financial institution has no obligation under this | 19 | | Section to hold,
encumber, or surrender the assets, or in the | 20 | | case of an insurance company or
benefit association only the | 21 | | accounts as defined in Section 10-24, until the
financial
| 22 | | institution has been properly served with a subpoena, summons, | 23 | | warrant,
court or administrative order, or administrative lien | 24 | | and levy requiring that
action.
| 25 | | (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)
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| 1 | | Section 10. The Illinois Marriage and Dissolution of | 2 | | Marriage Act is amended by changing Sections 504 and 505 as | 3 | | follows:
| 4 | | (750 ILCS 5/504) (from Ch. 40, par. 504)
| 5 | | Sec. 504. Maintenance.
| 6 | | (a) In a proceeding for dissolution of marriage or legal | 7 | | separation or
declaration of invalidity of marriage, or a | 8 | | proceeding for maintenance
following dissolution of the | 9 | | marriage by a court which lacked personal
jurisdiction over the | 10 | | absent spouse, the court may grant a temporary or
permanent | 11 | | maintenance award for either spouse in amounts and for periods | 12 | | of
time as the court deems just, without regard to marital | 13 | | misconduct, in
gross or for fixed or indefinite periods of | 14 | | time, and the maintenance may
be paid from the income or | 15 | | property of the other spouse after consideration
of all | 16 | | relevant factors, including:
| 17 | | (1) the income and property of each party, including | 18 | | marital property
apportioned and non-marital property | 19 | | assigned to the party seeking maintenance;
| 20 | | (2) the needs of each party;
| 21 | | (3) the present and future earning capacity of each | 22 | | party;
| 23 | | (4) any impairment of the present and future earning | 24 | | capacity of the
party seeking maintenance due to that party | 25 | | devoting time to domestic
duties or having forgone or |
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| 1 | | delayed education, training,
employment, or
career | 2 | | opportunities due to the marriage;
| 3 | | (5) the time necessary to enable the party seeking | 4 | | maintenance to
acquire appropriate education, training, | 5 | | and employment, and whether that
party is able to support | 6 | | himself or herself through appropriate employment
or is the | 7 | | custodian of a child making it appropriate that the | 8 | | custodian not
seek employment;
| 9 | | (6) the standard of living established during the | 10 | | marriage;
| 11 | | (7) the duration of the marriage;
| 12 | | (8) the age and the physical and emotional condition of
| 13 | | both parties;
| 14 | | (9) the tax consequences of the property division upon | 15 | | the respective
economic circumstances of the parties;
| 16 | | (10) contributions and services by the party seeking | 17 | | maintenance to
the education, training, career or career | 18 | | potential, or license of the
other spouse;
| 19 | | (11) any valid agreement of the parties; and
| 20 | | (12) any other factor that the court expressly finds to | 21 | | be just and
equitable.
| 22 | | (b) (Blank).
| 23 | | (b-5) Any maintenance obligation including any unallocated | 24 | | maintenance and child support obligation, or any portion of any | 25 | | support obligation, that becomes due and remains unpaid shall | 26 | | accrue simple interest as set forth in Section 505 of this Act.
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| 1 | | (b-7) Any new or existing maintenance order including any | 2 | | unallocated maintenance and child support order entered by the | 3 | | court under this Section shall be deemed to be a series of | 4 | | judgments against the person obligated to pay support | 5 | | thereunder. Each such judgment to be in the amount of each | 6 | | payment or installment of support and each such judgment to be | 7 | | deemed entered as of the date the corresponding payment or | 8 | | installment becomes due under the terms of the support order, | 9 | | except no judgment shall arise as to any installment coming due | 10 | | after the termination of maintenance as provided by Section 510 | 11 | | of the Illinois Marriage and Dissolution of Marriage Act or the | 12 | | provisions of any order for maintenance. Each such judgment | 13 | | shall have the full force, effect and attributes of any other | 14 | | judgment of this State, including the ability to be enforced. | 15 | | Notwithstanding any other State or local law to the contrary, a | 16 | | A lien arises by operation of law against the real and personal | 17 | | property of the obligor for each installment of overdue support | 18 | | owed by the obligor. | 19 | | (c) The court may grant and enforce the payment of | 20 | | maintenance during
the pendency of an appeal as the court shall | 21 | | deem reasonable and proper.
| 22 | | (d) No maintenance shall accrue during the period in which | 23 | | a party is
imprisoned for failure to comply with the court's | 24 | | order for the payment of
such maintenance.
| 25 | | (e) When maintenance is to be paid through the clerk of the | 26 | | court in a
county of 1,000,000 inhabitants or less, the order |
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| 1 | | shall direct the obligor
to pay to the clerk, in addition to | 2 | | the maintenance payments, all fees
imposed by the county board | 3 | | under paragraph (3) of subsection (u) of
Section 27.1 of the | 4 | | Clerks of Courts Act. Unless paid in cash or pursuant
to an | 5 | | order for withholding, the payment of the fee shall be by a | 6 | | separate
instrument from the support payment and shall be made | 7 | | to the order of
the Clerk.
| 8 | | (Source: P.A. 94-89, eff. 1-1-06.)
| 9 | | (750 ILCS 5/505) (from Ch. 40, par. 505)
| 10 | | Sec. 505. Child support; contempt; penalties.
| 11 | | (a) In a proceeding for dissolution of marriage, legal | 12 | | separation,
declaration of invalidity of marriage, a | 13 | | proceeding for child support
following dissolution of the | 14 | | marriage by a court which lacked personal
jurisdiction over the | 15 | | absent spouse, a proceeding for modification of a
previous | 16 | | order for child support under Section 510 of this Act, or any
| 17 | | proceeding authorized under Section 501 or 601 of this Act, the | 18 | | court may
order either or both parents owing a duty of support | 19 | | to a child of the
marriage to pay an amount reasonable and | 20 | | necessary for his support, without
regard to marital | 21 | | misconduct. The duty of support owed to a child
includes the | 22 | | obligation to provide for the reasonable and necessary
| 23 | | physical, mental and emotional health needs of the child.
For | 24 | | purposes of this Section, the term "child" shall include any | 25 | | child under
age 18 and
any child under age 19 who is still |
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| 1 | | attending high school.
| 2 | | (1) The Court shall determine the minimum amount of | 3 | | support by using the
following guidelines:
|
|
4 | | Number of Children |
Percent of Supporting Party's |
|
5 | | |
Net Income |
|
6 | | 1 |
20% |
|
7 | | 2 |
28% |
|
8 | | 3 |
32% |
|
9 | | 4 |
40% |
|
10 | | 5 |
45% |
|
11 | | 6 or more |
50% |
|
12 | | (2) The above guidelines shall be applied in each case | 13 | | unless the court
makes a finding that application of the | 14 | | guidelines would be
inappropriate, after considering the | 15 | | best interests of the child in light of
evidence including | 16 | | but not limited to one or more of the following relevant
| 17 | | factors:
| 18 | | (a) the financial resources and needs of the child;
| 19 | | (b) the financial resources and needs of the | 20 | | custodial parent;
| 21 | | (c) the standard of living the child would have | 22 | | enjoyed had the
marriage not been dissolved;
| 23 | | (d) the physical and emotional condition of the | 24 | | child, and his
educational needs; and
| 25 | | (e) the financial resources and needs of the | 26 | | non-custodial parent.
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| 1 | | If the court deviates from the guidelines, the court's | 2 | | finding
shall state the amount of support that would have | 3 | | been required under the
guidelines, if determinable. The | 4 | | court shall include the reason or reasons for
the variance | 5 | | from the
guidelines.
| 6 | | (3) "Net income" is defined as the total of all income | 7 | | from all
sources, minus the following deductions:
| 8 | | (a) Federal income tax (properly calculated | 9 | | withholding or estimated
payments);
| 10 | | (b) State income tax (properly calculated | 11 | | withholding or estimated
payments);
| 12 | | (c) Social Security (FICA payments);
| 13 | | (d) Mandatory retirement contributions required by | 14 | | law or as a
condition of employment;
| 15 | | (e) Union dues;
| 16 | | (f) Dependent and individual | 17 | | health/hospitalization insurance premiums;
| 18 | | (g) Prior obligations of support or maintenance | 19 | | actually paid pursuant
to a court order;
| 20 | | (h) Expenditures for repayment of debts that | 21 | | represent reasonable and
necessary expenses for the | 22 | | production of income, medical expenditures
necessary | 23 | | to preserve life or health, reasonable expenditures | 24 | | for the
benefit of the child and the other parent, | 25 | | exclusive of gifts. The court
shall reduce net income | 26 | | in determining the minimum amount of support to be
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| 1 | | ordered only for the period that such payments are due | 2 | | and shall enter an
order containing provisions for its | 3 | | self-executing modification upon
termination of such | 4 | | payment period;
| 5 | | (i) Foster care payments paid by the Department of | 6 | | Children and Family Services for providing licensed | 7 | | foster care to a foster child.
| 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 insurance, | 11 | | or that portion of the premiums
for which the supporting | 12 | | party is responsible in the case of insurance
provided | 13 | | through an employer's health insurance plan where
the | 14 | | employer pays a portion of the premiums, shall be | 15 | | 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 personal | 19 | | jurisdiction over the absent spouse,
and in which the court | 20 | | is requiring payment of support for the period before
the | 21 | | date an order for current support is entered, there is a | 22 | | rebuttable
presumption
that the supporting party's net | 23 | | income for the prior period was the same as his
or her net | 24 | | income at the time the order for current support is | 25 | | entered.
| 26 | | (5) If the net income cannot be determined because of |
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| 1 | | default or any
other reason, the court shall order support | 2 | | in an amount considered
reasonable in the particular case. | 3 | | The final order in all cases shall
state the support level | 4 | | in dollar amounts.
However, if the
court finds that the | 5 | | child support amount cannot be expressed exclusively as a
| 6 | | dollar amount because all or a portion of the payor's net | 7 | | income is uncertain
as to source, time of payment, or | 8 | | amount, the court may order a percentage
amount of support | 9 | | in addition to a specific dollar amount and enter
such | 10 | | other orders as may be necessary to determine and enforce, | 11 | | on a timely
basis, the applicable support ordered.
| 12 | | (6) If (i) the non-custodial parent was properly served | 13 | | with a request
for
discovery of financial information | 14 | | relating to the non-custodial parent's
ability to
provide | 15 | | child support, (ii) the non-custodial parent failed to | 16 | | comply with the
request,
despite having been ordered to do | 17 | | so by the court, and (iii) the non-custodial
parent is not | 18 | | present at the hearing to determine support despite having
| 19 | | received
proper notice, then any relevant financial | 20 | | information concerning the
non-custodial parent's ability | 21 | | to provide child support that was obtained
pursuant to
| 22 | | subpoena and proper notice shall be admitted into evidence | 23 | | without the need to
establish any further foundation for | 24 | | its admission.
| 25 | | (a-5) In an action to enforce an order for support based on | 26 | | the
respondent's failure
to make support payments as required |
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| 1 | | by the order, notice of proceedings to
hold the respondent in | 2 | | contempt for that failure may be served on the
respondent by | 3 | | personal service or by regular mail addressed to the | 4 | | respondent's
last known address. The respondent's last known | 5 | | address may be determined from
records of the clerk of the | 6 | | court, from the Federal Case Registry of Child
Support Orders, | 7 | | or by any other reasonable means.
| 8 | | (b) Failure of either parent to comply with an order to pay | 9 | | support shall
be punishable as in other cases of contempt. In | 10 | | addition to other
penalties provided by law the Court may, | 11 | | after finding the parent guilty
of contempt, order that the | 12 | | parent be:
| 13 | | (1) placed on probation with such conditions of | 14 | | probation as the Court
deems advisable;
| 15 | | (2) sentenced to periodic imprisonment for a period not | 16 | | to exceed 6
months; provided, however, that the Court may | 17 | | permit the parent to be
released for periods of time during | 18 | | the day or night to:
| 19 | | (A) work; or
| 20 | | (B) conduct a business or other self-employed | 21 | | occupation.
| 22 | | The Court may further order any part or all of the earnings | 23 | | of a parent
during a sentence of periodic imprisonment paid to | 24 | | the Clerk of the Circuit
Court or to the parent having custody | 25 | | or to the guardian having custody
of the children of the | 26 | | sentenced parent for the support of said
children until further |
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| 1 | | order of the Court.
| 2 | | If there is a unity of interest and ownership sufficient to | 3 | | render no
financial separation between a non-custodial parent | 4 | | and another person or
persons or business entity, the court may | 5 | | pierce the ownership veil of the
person, persons, or business | 6 | | entity to discover assets of the non-custodial
parent held in | 7 | | the name of that person, those persons, or that business | 8 | | entity.
The following circumstances are sufficient to | 9 | | authorize a court to order
discovery of the assets of a person, | 10 | | persons, or business entity and to compel
the application of | 11 | | any discovered assets toward payment on the judgment for
| 12 | | support:
| 13 | | (1) the non-custodial parent and the person, persons, | 14 | | or business entity
maintain records together.
| 15 | | (2) the non-custodial parent and the person, persons, | 16 | | or business entity
fail to maintain an arms length | 17 | | relationship between themselves with regard to
any assets.
| 18 | | (3) the non-custodial parent transfers assets to the | 19 | | person, persons,
or business entity with the intent to | 20 | | perpetrate a fraud on the custodial
parent.
| 21 | | With respect to assets which
are real property, no order | 22 | | entered under this paragraph shall affect the
rights of bona | 23 | | fide purchasers, mortgagees, judgment creditors, or other lien
| 24 | | holders who acquire their interests in the property prior to | 25 | | the time a notice
of lis pendens pursuant to the Code of Civil | 26 | | Procedure or a copy of the order
is placed of record in the |
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| 1 | | office of the recorder of deeds for the county in
which the | 2 | | real property is located.
| 3 | | The court may also order in cases where the parent is 90 | 4 | | days or more
delinquent in payment of support or has been | 5 | | adjudicated in arrears in an
amount equal to 90 days obligation | 6 | | or more, that the parent's Illinois driving
privileges be | 7 | | suspended until the court
determines that the parent is in | 8 | | compliance with the order of support.
The court may also order | 9 | | that the parent be issued a family financial
responsibility | 10 | | driving permit that would allow limited driving privileges for
| 11 | | employment and medical purposes in accordance with Section | 12 | | 7-702.1 of the
Illinois Vehicle Code. The clerk of the circuit | 13 | | court shall certify the order
suspending the driving privileges | 14 | | of the parent or granting the issuance of a
family financial | 15 | | responsibility driving permit to the Secretary of State on
| 16 | | forms prescribed by the Secretary. Upon receipt of the | 17 | | authenticated
documents, the Secretary of State shall suspend | 18 | | the parent's driving privileges
until further order of the | 19 | | court and shall, if ordered by the court, subject to
the | 20 | | provisions of Section 7-702.1 of the Illinois Vehicle Code, | 21 | | issue a family
financial responsibility driving permit to the | 22 | | parent.
| 23 | | In addition to the penalties or punishment that may be | 24 | | imposed under this
Section, any person whose conduct | 25 | | constitutes a violation of Section 15 of the
Non-Support | 26 | | Punishment Act may be prosecuted under that Act, and a person
|
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| 1 | | convicted under that Act may be sentenced in accordance with | 2 | | that Act. The
sentence may include but need not be limited to a | 3 | | requirement that the person
perform community service under | 4 | | Section 50 of that Act or participate in a work
alternative | 5 | | program under Section 50 of that Act. A person may not be | 6 | | required
to participate in a work alternative program under | 7 | | Section 50 of that Act if
the person is currently participating | 8 | | in a work program pursuant to Section
505.1 of this Act.
| 9 | | A support obligation, or any portion of a support | 10 | | obligation, which becomes
due and remains unpaid as of the end | 11 | | of each month, excluding the child support that was due for | 12 | | that month to the extent that it was not paid in that month, | 13 | | shall accrue simple interest as set forth in Section 12-109 of | 14 | | the Code of Civil Procedure.
An order for support entered or | 15 | | modified on or after January 1, 2006 shall
contain a statement | 16 | | that a support obligation required under the order, or any
| 17 | | portion of a support obligation required under the order, that | 18 | | becomes due and
remains unpaid as of the end of each month, | 19 | | excluding the child support that was due for that month to the | 20 | | extent that it was not paid in that month, shall accrue simple | 21 | | interest as set forth in Section 12-109 of the Code of Civil | 22 | | Procedure. Failure to include the statement in the order for | 23 | | support does
not affect the validity of the order or the | 24 | | accrual of interest as provided in
this Section.
| 25 | | (c) A one-time charge of 20% is imposable upon the amount | 26 | | of
past-due child support owed on July 1, 1988 which has |
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| 1 | | accrued under a
support order entered by the court. The charge | 2 | | shall be imposed in
accordance with the provisions of Section | 3 | | 10-21 of the Illinois Public Aid
Code and shall be enforced by | 4 | | the court upon petition.
| 5 | | (d) Any new or existing support order entered by the court
| 6 | | under this Section shall be deemed to be a series of judgments | 7 | | against the
person obligated to pay support thereunder, each | 8 | | such judgment to be in the
amount of each payment or | 9 | | installment of support and each such judgment to
be deemed | 10 | | entered as of the date the corresponding payment or installment
| 11 | | becomes due under the terms of the support order. Each such | 12 | | judgment shall
have the full force, effect and attributes of | 13 | | any other judgment of this
State, including the ability to be | 14 | | enforced.
Notwithstanding any other State or local law to the | 15 | | contrary, a A lien arises by operation of law against the real | 16 | | and personal property of
the noncustodial parent for each | 17 | | installment of overdue support owed by the
noncustodial parent.
| 18 | | (e) When child support is to be paid through the clerk of | 19 | | the court in a
county of 1,000,000 inhabitants or less, the | 20 | | order shall direct the obligor
to pay to the clerk, in addition | 21 | | to the child support payments, all fees
imposed by the county | 22 | | board under paragraph (3) of subsection (u) of
Section 27.1 of | 23 | | the Clerks of Courts Act. Unless paid in cash or pursuant to
an | 24 | | order for withholding, the payment of the fee shall be by a | 25 | | separate
instrument from the support payment and shall be made | 26 | | to the order of the
Clerk.
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| 1 | | (f) All orders for support, when entered or
modified, shall | 2 | | include a provision requiring the obligor to notify
the court | 3 | | and, in cases in which a party is receiving child and spouse
| 4 | | services under Article X of the Illinois Public Aid Code, the
| 5 | | Department of Healthcare and Family Services, within 7 days, | 6 | | (i) of the name and address
of any new employer of the obligor, | 7 | | (ii) whether the obligor has access to
health insurance | 8 | | coverage through the employer or other group coverage and,
if | 9 | | so, the policy name and number and the names of persons covered | 10 | | under
the policy, and (iii) of any new residential or mailing | 11 | | address or telephone
number of the non-custodial parent. In any | 12 | | subsequent action to enforce a
support order, upon a sufficient | 13 | | showing that a diligent effort has been made
to ascertain the | 14 | | location of the non-custodial parent, service of process or
| 15 | | provision of notice necessary in the case may be made at the | 16 | | last known
address of the non-custodial parent in any manner | 17 | | expressly provided by the
Code of Civil Procedure or this Act, | 18 | | which service shall be sufficient for
purposes of due process.
| 19 | | (g) 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 by | 22 | | the order will attain the age of
18. However, if the child will | 23 | | not graduate from high school until after
attaining the age of | 24 | | 18, then the termination date shall be no earlier than the
| 25 | | earlier of the date on which the child's high school graduation | 26 | | will occur or
the date on which the child will attain the age |
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| 1 | | of 19. The order for support
shall state that the termination | 2 | | date does not apply to any arrearage that may
remain unpaid on | 3 | | that date. Nothing in this subsection shall be construed to
| 4 | | prevent the court from modifying the order or terminating the | 5 | | order in the
event the child is otherwise emancipated.
| 6 | | (g-5) If there is an unpaid arrearage or delinquency (as | 7 | | those terms are defined in the Income Withholding for Support | 8 | | Act) equal to at least one month's support obligation on the | 9 | | termination date stated in the order for support or, if there | 10 | | is no termination date stated in the order, on the date the | 11 | | child attains the age of majority or is otherwise emancipated, | 12 | | the periodic amount required to be paid for current support of | 13 | | that child immediately prior to that date shall automatically | 14 | | continue to be an obligation, not as current support but as | 15 | | periodic payment toward satisfaction of the unpaid arrearage or | 16 | | delinquency. That periodic payment shall be in addition to any | 17 | | periodic payment previously required for satisfaction of the | 18 | | arrearage or delinquency. The total periodic amount to be paid | 19 | | toward satisfaction of the arrearage or delinquency may be | 20 | | enforced and collected by any method provided by law for | 21 | | enforcement and collection of child support, including but not | 22 | | limited to income withholding under the Income Withholding for | 23 | | Support Act. Each order for support entered or modified on or | 24 | | after the effective date of this amendatory Act of the 93rd | 25 | | General Assembly must contain a statement notifying the parties | 26 | | of the requirements of this subsection. Failure to include the |
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| 1 | | statement in the order for support does not affect the validity | 2 | | of the order or the operation of the provisions of this | 3 | | subsection with regard to the order. This subsection shall not | 4 | | be construed to prevent or affect the establishment or | 5 | | modification of an order for support of a minor child or the | 6 | | establishment or modification of an order for support of a | 7 | | non-minor child or educational expenses under Section 513 of | 8 | | this Act.
| 9 | | (h) An order entered under this Section shall include a | 10 | | provision requiring
the obligor to report to the obligee and to | 11 | | the clerk of court within 10 days
each time the obligor obtains | 12 | | new employment, and each time the obligor's
employment is | 13 | | terminated for any reason. The report shall be in writing and
| 14 | | shall, in the case of new employment, include the name and | 15 | | address of the new
employer. Failure to report new employment | 16 | | or the termination of current
employment, if coupled with | 17 | | nonpayment of support for a period in excess of 60
days, is | 18 | | indirect criminal contempt. For any obligor arrested for | 19 | | failure to
report new employment bond shall be set in the | 20 | | amount of the child support that
should have been paid during | 21 | | the period of unreported employment. An order
entered under | 22 | | this Section shall also include a provision requiring the | 23 | | obligor
and obligee parents to advise each other of a change in | 24 | | residence within 5 days
of the change except when the court | 25 | | finds that the physical, mental, or
emotional health of a party | 26 | | or that of a child, or both, would be
seriously endangered by |
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| 1 | | disclosure of the party's address.
| 2 | | (i) The court does not lose the powers of contempt, | 3 | | driver's license
suspension, or other child support | 4 | | enforcement mechanisms, including, but
not limited to, | 5 | | criminal prosecution as set forth in this Act, upon the
| 6 | | emancipation of the minor child or children.
| 7 | | (Source: P.A. 95-331, eff. 8-21-07; 96-1134, eff. 7-21-10.)
| 8 | | Section 15. The Non-Support Punishment Act is amended by | 9 | | changing Section 20 as follows:
| 10 | | (750 ILCS 16/20)
| 11 | | Sec. 20. Entry of order for support; income withholding.
| 12 | | (a) In a case in which no court or administrative order for | 13 | | support is in
effect against the defendant:
| 14 | | (1) at any time before the trial, upon motion of the | 15 | | State's Attorney, or
of the Attorney General if the action | 16 | | has been instituted by his office, and
upon notice to the | 17 | | defendant, or at the time of arraignment or as a condition
| 18 | | of postponement of arraignment, the court may enter such | 19 | | temporary order for
support as may seem just, providing for | 20 | | the support or maintenance of the
spouse or child or | 21 | | children of the defendant, or both, pendente lite; or
| 22 | | (2) before trial with the consent of the defendant, or | 23 | | at the trial on
entry of a plea of guilty, or after | 24 | | conviction, instead of imposing the penalty
provided in |
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| 1 | | this Act, or in addition thereto, the court may enter an | 2 | | order for
support, subject to modification by the court | 3 | | from time to time as
circumstances may require, directing | 4 | | the defendant to pay a certain sum for
maintenance of the | 5 | | spouse, or for support of the child or children, or both.
| 6 | | (b) The court shall determine the amount of child support | 7 | | by using the
guidelines and standards set forth in subsection | 8 | | (a) of Section 505 and in
Section 505.2 of the Illinois | 9 | | Marriage and Dissolution of Marriage Act.
| 10 | | If (i) the non-custodial parent was properly served with a | 11 | | request for
discovery of financial information relating to the | 12 | | non-custodial parent's
ability to provide child support, (ii) | 13 | | the non-custodial parent failed to
comply with the request, | 14 | | despite having been ordered to do so by the court,
and (iii) | 15 | | the non-custodial parent is not present at the hearing to | 16 | | determine
support despite having received proper notice, then | 17 | | any relevant financial
information concerning the | 18 | | non-custodial parent's ability to provide support
that was | 19 | | obtained pursuant to subpoena and proper notice shall be | 20 | | admitted
into evidence without the need to establish any | 21 | | further foundation for its
admission.
| 22 | | (c) The court shall determine the amount of maintenance | 23 | | using the standards
set forth in Section 504 of the Illinois | 24 | | Marriage and Dissolution of Marriage
Act.
| 25 | | (d) The court may, for violation of any order under this | 26 | | Section, punish the
offender as for a contempt of court, but no |
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| 1 | | pendente lite order shall remain in
effect longer than 4 | 2 | | months, or after the discharge of any panel of jurors
summoned | 3 | | for service thereafter in such court, whichever is sooner.
| 4 | | (e) Any order for support entered by the court under this | 5 | | Section shall be
deemed to be a series of judgments against the | 6 | | person obligated to pay support
under the judgments, each such | 7 | | judgment to be in the amount of each payment or
installment of | 8 | | support and each judgment to be deemed entered as of the date
| 9 | | the corresponding payment or installment becomes due under the | 10 | | terms of the
support order. Each judgment shall have the full | 11 | | force, effect, and attributes
of any other judgment of this | 12 | | State, including the ability to be enforced.
Each judgment is | 13 | | subject to modification or termination only in accordance with
| 14 | | Section 510 of the Illinois Marriage and Dissolution of | 15 | | Marriage Act. Notwithstanding any other State or local law to | 16 | | the contrary, a A lien
arises by operation of law against the | 17 | | real and personal property of the
noncustodial parent for each | 18 | | installment of overdue support owed by the
noncustodial parent.
| 19 | | (f) An order for support entered under this Section shall | 20 | | include a
provision requiring the obligor to report to the | 21 | | obligee and to the clerk of
the court within 10 days each time | 22 | | the obligor obtains new employment, and each
time the obligor's | 23 | | employment is terminated for any reason. The report shall
be in | 24 | | writing and shall, in the case of new employment, include the | 25 | | name and
address of the new employer.
| 26 | | Failure to report new employment or the termination of |
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| 1 | | current employment,
if coupled with nonpayment of support for a | 2 | | period in excess of 60 days, is
indirect criminal contempt. For | 3 | | any obligor arrested for failure to report new
employment, bond | 4 | | shall be set in the amount of the child support that should
| 5 | | have been paid during the period of unreported
employment.
| 6 | | An order for support entered under this Section shall also | 7 | | include a
provision requiring the obligor and obligee parents | 8 | | to advise each other of a
change in residence within 5 days of | 9 | | the change except when the court finds
that the physical, | 10 | | mental, or emotional health of a party or of a minor child,
or | 11 | | both, would be seriously endangered by disclosure of the | 12 | | party's address.
| 13 | | (g) An order for support entered or modified in a case in | 14 | | which a party is
receiving child support enforcement services | 15 | | under Article X of the Illinois
Public Aid Code shall include a | 16 | | provision requiring the noncustodial parent to
notify the | 17 | | Department of Healthcare and Family Services, within 7 days, of | 18 | | the name and
address of any new employer of the noncustodial | 19 | | parent, whether the
noncustodial parent has access to health | 20 | | insurance coverage through the
employer or other group coverage | 21 | | and, if so, the policy name and number
and the names of persons | 22 | | covered under the policy.
| 23 | | (h) In any subsequent action to enforce an order for | 24 | | support entered under
this Act, upon sufficient showing that | 25 | | diligent effort has been made to
ascertain the location of the | 26 | | noncustodial parent, service of process or
provision of notice |
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| 1 | | necessary in that action may be made at the last known
address | 2 | | of the noncustodial parent, in any manner expressly provided by | 3 | | the
Code of Civil Procedure or in this Act, which service shall | 4 | | be sufficient for
purposes of due process.
| 5 | | (i) An order for support shall include a date on which the | 6 | | current support
obligation terminates. The termination date | 7 | | shall be no earlier than the date
on which the child covered by | 8 | | the order will attain the age of 18. However, if
the child will | 9 | | not graduate from high school until after attaining the age of
| 10 | | 18, then the termination date shall be no earlier than the | 11 | | earlier of the date
on which the child's high school graduation | 12 | | will occur or the date on which the
child will attain the age | 13 | | of 19. The order for support shall state that the
termination | 14 | | date does not apply to any arrearage that may remain unpaid on | 15 | | that
date. Nothing in this subsection shall be construed to | 16 | | prevent the court from
modifying the order or terminating the | 17 | | order in the event the child is
otherwise emancipated.
| 18 | | (i-5) If there is an unpaid arrearage or delinquency (as | 19 | | those terms are defined in the Income Withholding for Support | 20 | | Act) equal to at least one month's support obligation on the | 21 | | termination date stated in the order for support or, if there | 22 | | is no termination date stated in the order, on the date the | 23 | | child attains the age of majority or is otherwise emancipated, | 24 | | the periodic amount required to be paid for current support of | 25 | | that child immediately prior to that date shall automatically | 26 | | continue to be an obligation, not as current support but as |
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| 1 | | periodic payment toward satisfaction of the unpaid arrearage or | 2 | | delinquency. That periodic payment shall be in addition to any | 3 | | periodic payment previously required for satisfaction of the | 4 | | arrearage or delinquency. The total periodic amount to be paid | 5 | | toward satisfaction of the arrearage or delinquency may be | 6 | | enforced and collected by any method provided by law for | 7 | | enforcement and collection of child support, including but not | 8 | | limited to income withholding under the Income Withholding for | 9 | | Support Act. Each order for support entered or modified on or | 10 | | after the effective date of this amendatory Act of the 93rd | 11 | | General Assembly must contain a statement notifying the parties | 12 | | of the requirements of this subsection. Failure to include the | 13 | | statement in the order for support does not affect the validity | 14 | | of the order or the operation of the provisions of this | 15 | | subsection with regard to the order. This subsection shall not | 16 | | be construed to prevent or affect the establishment or | 17 | | modification of an order for support of a minor child or the | 18 | | establishment or modification of an order for support of a | 19 | | non-minor child or educational expenses under Section 513 of | 20 | | the Illinois Marriage and Dissolution of Marriage Act.
| 21 | | (j) A support obligation, or any portion of a support | 22 | | obligation, which
becomes due and remains unpaid as of the end | 23 | | of each month, excluding the child support that was due for | 24 | | that month to the extent that it was not paid in that month, | 25 | | shall accrue simple interest
as set forth in Section 12-109 of | 26 | | the Code of Civil Procedure.
An order for support entered or |
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| 1 | | modified on or after January 1, 2006 shall
contain a statement | 2 | | that a support obligation required under the order, or any
| 3 | | portion of a support obligation required under the order, that | 4 | | becomes due and
remains unpaid as of the end of each month, | 5 | | excluding the child support that was due for that month to the | 6 | | extent that it was not paid in that month, shall accrue simple | 7 | | interest as set forth in Section 12-109 of the Code of Civil | 8 | | Procedure. Failure to include the statement in the order for | 9 | | support does
not affect the validity of the order or the | 10 | | accrual of interest as provided in
this Section.
| 11 | | (Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07.)
| 12 | | Section 20. The Illinois Parentage Act of 1984 is amended | 13 | | by changing Sections 13.1 and 14 as follows:
| 14 | | (750 ILCS 45/13.1)
| 15 | | Sec. 13.1. Temporary order for child support. | 16 | | Notwithstanding any other
law to the contrary, pending the | 17 | | outcome of a
judicial determination of parentage, the court | 18 | | shall issue a temporary order
for child support, upon motion by | 19 | | a party and a showing of clear and convincing
evidence of | 20 | | paternity. In determining the amount of the temporary child
| 21 | | support award, the court shall use the guidelines and standards | 22 | | set forth in
subsection (a) of Section 505 and in Section 505.2 | 23 | | of the Illinois Marriage and
Dissolution of Marriage Act.
| 24 | | Any new or existing support order entered by the court |
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| 1 | | under this Section
shall be deemed to be a series of judgments | 2 | | against the person obligated to pay
support
thereunder, each | 3 | | such judgment to be in the amount of each payment or
| 4 | | installment of support and each judgment to be deemed entered | 5 | | as of the date
the corresponding payment or installment becomes | 6 | | due under the terms of the
support order. Each such judgment | 7 | | shall have the full
force, effect, and attributes of any other | 8 | | judgment of this State, including
the ability to be enforced. | 9 | | Any such judgment is subject to modification or
termination | 10 | | only in accordance with Section 510 of the Illinois Marriage | 11 | | and
Dissolution of Marriage Act.
Notwithstanding any other | 12 | | State or local law to the contrary, a A lien arises by | 13 | | operation of law against the real and personal property of the
| 14 | | noncustodial parent for each
installment of overdue support | 15 | | owed by the noncustodial parent.
| 16 | | All orders for support, when entered or modified, shall | 17 | | include a provision
requiring the non-custodial parent to | 18 | | notify the court, and in cases in which a
party is receiving | 19 | | child support enforcement services under
Article X of the
| 20 | | Illinois Public Aid Code, the Department of Healthcare and | 21 | | Family Services, within 7 days,
(i) of the
name, address, and | 22 | | telephone number of any new employer of the non-custodial
| 23 | | parent, (ii) whether the non-custodial parent has access to | 24 | | health
insurance coverage through the employer or other group | 25 | | coverage, and, if so,
the policy name and number and the names | 26 | | of persons covered under the policy,
and (iii) of any new |
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| 1 | | residential or mailing address or telephone number
of the | 2 | | non-custodial parent.
| 3 | | In any subsequent action to enforce a support order, upon | 4 | | sufficient showing
that diligent effort has been made to | 5 | | ascertain the location of the
non-custodial parent, service of | 6 | | process or provision of notice necessary in
that action may be | 7 | | made at the last known address of the non-custodial parent,
in | 8 | | any manner expressly provided by the Code of Civil Procedure or | 9 | | in this Act,
which service shall be sufficient for purposes of | 10 | | due process.
| 11 | | An order for support shall include a date on which the | 12 | | current support
obligation terminates. The termination date | 13 | | shall be no earlier than the date
on which the child covered by | 14 | | the order will attain the age of majority or is
otherwise | 15 | | emancipated. The
order for support shall state that the | 16 | | termination date does not apply to any
arrearage that may | 17 | | remain unpaid on that date. Nothing in this paragraph
shall be | 18 | | construed to prevent the court from modifying the order.
| 19 | | If there is an unpaid arrearage or delinquency (as those | 20 | | terms are defined in the Income Withholding for Support Act) | 21 | | equal to at least one month's support obligation on the | 22 | | termination date stated in the order for support or, if there | 23 | | is no termination date stated in the order, on the date the | 24 | | child attains the age of majority or is otherwise emancipated, | 25 | | then the periodic amount required to be paid for current | 26 | | support of that child immediately prior to that date shall |
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| 1 | | automatically continue to be an obligation, not as current | 2 | | support but as periodic payment toward satisfaction of the | 3 | | unpaid arrearage or delinquency. That periodic payment shall be | 4 | | in addition to any periodic payment previously required for | 5 | | satisfaction of the arrearage or delinquency. The total | 6 | | periodic amount to be paid toward satisfaction of the arrearage | 7 | | or delinquency may be enforced and collected by any method | 8 | | provided by law for the enforcement and collection of child | 9 | | support, including but not limited to income withholding under | 10 | | the Income Withholding for Support Act. Each order for support | 11 | | entered or modified on or after the effective date of this | 12 | | amendatory Act of the 93rd General Assembly must contain a | 13 | | statement notifying the parties of the requirements of this | 14 | | paragraph. Failure to include the statement in the order for | 15 | | support does not affect the validity of the order or the | 16 | | operation of the provisions of this paragraph with regard to | 17 | | the order. This paragraph shall not be construed to prevent or | 18 | | affect the establishment or modification of an order for the | 19 | | support of a minor child or the establishment or modification | 20 | | of an order for the support of a non-minor child or educational | 21 | | expenses under Section 513 of the Illinois Marriage and | 22 | | Dissolution of Marriage Act.
| 23 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 24 | | (750 ILCS 45/14) (from Ch. 40, par. 2514)
| 25 | | Sec. 14. Judgment.
|
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| 1 | | (a) (1) The judgment shall contain or explicitly reserve
| 2 | | provisions concerning any duty and amount of child support
and | 3 | | may contain provisions concerning the custody and
guardianship | 4 | | of the child, visitation privileges with the child, the
| 5 | | furnishing of bond or other security for the payment of the | 6 | | judgment,
which the court shall determine in accordance with | 7 | | the relevant factors
set forth in the Illinois Marriage and | 8 | | Dissolution of Marriage
Act and any other applicable law of | 9 | | Illinois,
to guide the court in a finding in the best interests | 10 | | of the child.
In determining custody, joint custody, removal, | 11 | | or visitation, the court
shall apply
the relevant standards of | 12 | | the Illinois Marriage and Dissolution of Marriage
Act, | 13 | | including Section 609. Specifically, in determining the amount | 14 | | of any
child support award or child health insurance coverage, | 15 | | the
court shall use the guidelines and standards set forth in | 16 | | subsection (a) of
Section 505 and in Section 505.2 of the | 17 | | Illinois Marriage and Dissolution of
Marriage Act. For purposes | 18 | | of Section
505 of the Illinois Marriage and Dissolution of | 19 | | Marriage Act,
"net income" of the non-custodial parent shall | 20 | | include any benefits
available to that person under the | 21 | | Illinois Public Aid Code or from other
federal, State or local | 22 | | government-funded programs. The court shall, in
any event and | 23 | | regardless of the amount of the non-custodial parent's net
| 24 | | income, in its judgment order the non-custodial parent to pay | 25 | | child support
to the custodial parent in a minimum amount of | 26 | | not less than $10 per month, as long as such an order is |
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| 1 | | consistent with the requirements of Title IV, Part D of the | 2 | | Social Security Act.
In an action brought within 2 years after | 3 | | a judicial determination of parentage, the judgment or
order | 4 | | may direct either parent to pay the reasonable expenses | 5 | | incurred by
either parent or the Department of Healthcare and | 6 | | Family Services related to the mother's pregnancy and the | 7 | | delivery of the
child. The judgment or order shall contain the | 8 | | father's social security number,
which the father shall | 9 | | disclose to the court; however, failure to include the
father's | 10 | | social security number on the judgment or order does not | 11 | | invalidate
the judgment or order.
| 12 | | (2) If a judgment of parentage contains no explicit award | 13 | | of custody,
the establishment of a support obligation or of | 14 | | visitation rights in one
parent shall be considered a judgment | 15 | | granting custody to the other parent.
If the parentage judgment | 16 | | contains no such provisions, custody shall be
presumed to be | 17 | | with the mother;
however, the presumption shall not apply if | 18 | | the father has had
physical custody for at least 6
months prior | 19 | | to the date that the mother seeks to enforce custodial rights.
| 20 | | (b) The court shall order all child support payments, | 21 | | determined in
accordance with such guidelines, to commence with | 22 | | the date summons is
served. The level of current periodic | 23 | | support payments shall not be
reduced because of payments set | 24 | | for the period prior to the date of entry
of the support order. | 25 | | The Court may order any child support payments to be
made for a
| 26 | | period prior to the commencement of the action.
In determining |
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| 1 | | whether and the extent to which the
payments shall be made for | 2 | | any prior period, the court shall consider all
relevant facts, | 3 | | including the factors for determining the amount of support
| 4 | | specified in the Illinois Marriage and Dissolution of Marriage
| 5 | | Act and other equitable factors
including but not limited to:
| 6 | | (1) The father's prior knowledge of the fact and | 7 | | circumstances of the
child's birth.
| 8 | | (2) The father's prior willingness or refusal to help | 9 | | raise or
support the child.
| 10 | | (3) The extent to which the mother or the public agency | 11 | | bringing the
action previously informed the father of the | 12 | | child's needs or attempted
to seek or require his help in | 13 | | raising or supporting the child.
| 14 | | (4) The reasons the mother or the public agency did not | 15 | | file the
action earlier.
| 16 | | (5) The extent to which the father would be prejudiced | 17 | | by the delay in
bringing the action.
| 18 | | For purposes of determining the amount of child support to | 19 | | be paid for any
period before the date the order for current | 20 | | child support is entered, there is
a
rebuttable presumption | 21 | | that the father's net income for the prior period was
the same | 22 | | as his net income at the time the order for current child | 23 | | support is
entered.
| 24 | | If (i) the non-custodial parent was properly served with a | 25 | | request for
discovery of
financial information relating to the | 26 | | non-custodial parent's ability to provide
child support, (ii)
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| 1 | | the non-custodial parent failed to comply with the request, | 2 | | despite having been
ordered to
do so by the court, and (iii) | 3 | | the non-custodial parent is not present at the
hearing to
| 4 | | determine support despite having received proper notice, then | 5 | | any relevant
financial
information concerning the | 6 | | non-custodial parent's ability to provide child
support
that | 7 | | was
obtained pursuant to subpoena and proper notice shall be | 8 | | admitted into evidence
without
the need to establish any | 9 | | further foundation for its admission.
| 10 | | (c) Any new or existing support order entered by the court | 11 | | under this
Section shall be deemed to be a series of judgments
| 12 | | against the person obligated to pay support thereunder, each | 13 | | judgment
to be in the amount of each payment or installment of | 14 | | support and each such
judgment to be deemed entered as of the | 15 | | date the corresponding payment or
installment becomes due under | 16 | | the terms of the support order. Each
judgment shall have the | 17 | | full force, effect and attributes of any other
judgment of this | 18 | | State, including the ability to be enforced.
Notwithstanding | 19 | | any other State or local law to the contrary, a A lien arises | 20 | | by operation of law against the real and personal property of
| 21 | | the noncustodial parent for each installment of overdue support | 22 | | owed by the
noncustodial parent.
| 23 | | (d) If the judgment or order of the court is at variance | 24 | | with the child's
birth certificate, the court shall order that | 25 | | a new birth certificate be
issued under the Vital Records Act.
| 26 | | (e) On request of the mother and the father, the court |
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| 1 | | shall order a
change in the child's name. After hearing | 2 | | evidence the court may stay
payment of support during the | 3 | | period of the father's minority or period of
disability.
| 4 | | (f) If, upon a showing of proper service, the father fails | 5 | | to appear in
court, or
otherwise appear as provided by law, the | 6 | | court may proceed to hear the
cause upon testimony of the | 7 | | mother or other parties taken in open court and
shall enter a | 8 | | judgment by default. The court may reserve any order as to
the | 9 | | amount of child support until the father has received notice, | 10 | | by
regular mail, of a hearing on the matter.
| 11 | | (g) A one-time charge of 20% is imposable upon the amount | 12 | | of past-due
child support owed on July 1, 1988 which has | 13 | | accrued under a support order
entered by the court. The charge | 14 | | shall be imposed in accordance with the
provisions of Section | 15 | | 10-21 of the Illinois Public Aid Code and shall be
enforced by | 16 | | the court upon petition.
| 17 | | (h) All orders for support, when entered or
modified, shall | 18 | | include a provision requiring the non-custodial parent
to
| 19 | | notify the court and, in cases in which party is receiving | 20 | | child
support enforcement services under Article X of the | 21 | | Illinois Public Aid Code,
the
Department of Healthcare and | 22 | | Family Services, within 7 days, (i) of the name and
address of | 23 | | any new employer of the non-custodial parent, (ii) whether the
| 24 | | non-custodial
parent has access to health insurance coverage | 25 | | through the employer or other
group coverage and, if so, the | 26 | | policy name and number and the names of
persons
covered under |
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| 1 | | the policy, and (iii) of any new residential or mailing address
| 2 | | or telephone
number of the non-custodial parent. In any | 3 | | subsequent action to enforce a
support order, upon a sufficient | 4 | | showing that a diligent effort has been made
to ascertain the | 5 | | location of the non-custodial parent, service of process or
| 6 | | provision of notice necessary in the case may be made at the | 7 | | last known
address of the non-custodial parent in any manner | 8 | | expressly provided by the
Code of Civil Procedure or this Act, | 9 | | which service shall be sufficient for
purposes of due process.
| 10 | | (i) An order for support shall include a date on which the | 11 | | current
support obligation terminates. The termination date | 12 | | shall be no earlier
than
the date on which the child covered by | 13 | | the order will attain the age of
18. However, if the child will | 14 | | not graduate from high school until after
attaining the age
of | 15 | | 18, then the termination date shall be no earlier than the | 16 | | earlier of the
date on which
the child's high school graduation | 17 | | will occur or the date on which the child
will attain the
age | 18 | | of 19.
The order
for
support shall state that
the termination | 19 | | date does not apply to any arrearage that may remain unpaid on
| 20 | | that date. Nothing in this subsection shall be construed to | 21 | | prevent the court
from modifying the order
or terminating the | 22 | | order in the event the child is otherwise emancipated.
| 23 | | (i-5) If there is an unpaid arrearage or delinquency (as | 24 | | those terms are defined in the Income Withholding for Support | 25 | | Act) equal to at least one month's support obligation on the | 26 | | termination date stated in the order for support or, if there |
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| 1 | | is no termination date stated in the order, on the date the | 2 | | child attains the age of majority or is otherwise emancipated, | 3 | | the periodic amount required to be paid for current support of | 4 | | that child immediately prior to that date shall automatically | 5 | | continue to be an obligation, not as current support but as | 6 | | periodic payment toward satisfaction of the unpaid arrearage or | 7 | | delinquency. That periodic payment shall be in addition to any | 8 | | periodic payment previously required for satisfaction of the | 9 | | arrearage or delinquency. The total periodic amount to be paid | 10 | | toward satisfaction of the arrearage or delinquency may be | 11 | | enforced and collected by any method provided by law for | 12 | | enforcement and collection of child support, including but not | 13 | | limited to income withholding under the Income Withholding for | 14 | | Support Act. Each order for support entered or modified on or | 15 | | after the effective date of this amendatory Act of the 93rd | 16 | | General Assembly must contain a statement notifying the parties | 17 | | of the requirements of this subsection. Failure to include the | 18 | | statement in the order for support does not affect the validity | 19 | | of the order or the operation of the provisions of this | 20 | | subsection with regard to the order. This subsection shall not | 21 | | be construed to prevent or affect the establishment or | 22 | | modification of an order for support of a minor child or the | 23 | | establishment or modification of an order for support of a | 24 | | non-minor child or educational expenses under Section 513 of | 25 | | the Illinois Marriage and Dissolution of Marriage Act.
| 26 | | (j) An order entered under this Section shall include a |
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| 1 | | provision
requiring the obligor to report to the obligee and to | 2 | | the clerk of court within
10 days each time the obligor obtains | 3 | | new employment, and each time the
obligor's employment is | 4 | | terminated for any reason.
The report shall be in writing and | 5 | | shall, in the case of new employment,
include the name and | 6 | | address of the new employer.
Failure to report new employment | 7 | | or
the termination of current employment, if coupled with | 8 | | nonpayment of support
for a period in excess of 60 days, is | 9 | | indirect criminal contempt. For
any obligor arrested for | 10 | | failure to report new employment bond shall be set in
the | 11 | | amount of the child support that should have been paid during | 12 | | the period of
unreported employment. An order entered under | 13 | | this Section shall also include
a provision requiring the | 14 | | obligor and obligee parents to advise each other of a
change in | 15 | | residence within 5 days of the change
except when the court | 16 | | finds that the physical, mental, or emotional health
of a party | 17 | | or that of a minor child, or both, would be seriously | 18 | | endangered by
disclosure of the party's address.
| 19 | | (Source: P.A. 94-923, eff. 1-1-07; 94-1061, eff. 1-1-07; | 20 | | 95-331, eff. 8-21-07; 95-864, eff. 1-1-09.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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