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Full Text of SB3549  97th General Assembly

SB3549enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
SB3549 EnrolledLRB097 16867 AJO 62052 b

1    AN ACT concerning child support.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5changing Section 10-10 as follows:
 
6    (305 ILCS 5/10-10)  (from Ch. 23, par. 10-10)
7    Sec. 10-10. Court enforcement; applicability also to
8persons who are not applicants or recipients. Except where the
9Illinois Department, by agreement, acts for the local
10governmental unit, as provided in Section 10-3.1, local
11governmental units shall refer to the State's Attorney or to
12the proper legal representative of the governmental unit, for
13judicial enforcement as herein provided, instances of
14non-support or insufficient support when the dependents are
15applicants or recipients under Article VI. The Child and Spouse
16Support Unit established by Section 10-3.1 may institute in
17behalf of the Illinois Department any actions under this
18Section for judicial enforcement of the support liability when
19the dependents are (a) applicants or recipients under Articles
20III, IV, V or VII; (b) applicants or recipients in a local
21governmental unit when the Illinois Department, by agreement,
22acts for the unit; or (c) non-applicants or non-recipients who
23are receiving child support enforcement services under this

 

 

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1Article X, as provided in Section 10-1. Where the Child and
2Spouse Support Unit has exercised its option and discretion not
3to apply the provisions of Sections 10-3 through 10-8, the
4failure by the Unit to apply such provisions shall not be a bar
5to bringing an action under this Section.
6    Action shall be brought in the circuit court to obtain
7support, or for the recovery of aid granted during the period
8such support was not provided, or both for the obtainment of
9support and the recovery of the aid provided. Actions for the
10recovery of aid may be taken separately or they may be
11consolidated with actions to obtain support. Such actions may
12be brought in the name of the person or persons requiring
13support, or may be brought in the name of the Illinois
14Department or the local governmental unit, as the case
15requires, in behalf of such persons.
16    The court may enter such orders for the payment of moneys
17for the support of the person as may be just and equitable and
18may direct payment thereof for such period or periods of time
19as the circumstances require, including support for a period
20before the date the order for support is entered. The order may
21be entered against any or all of the defendant responsible
22relatives and may be based upon the proportionate ability of
23each to contribute to the person's support.
24    The Court shall determine the amount of child support
25(including child support for a period before the date the order
26for child support is entered) by using the guidelines and

 

 

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1standards set forth in subsection (a) of Section 505 and in
2Section 505.2 of the Illinois Marriage and Dissolution of
3Marriage Act. For purposes of determining the amount of child
4support to be paid for a period before the date the order for
5child support is entered, there is a rebuttable presumption
6that the responsible relative's net income for that period was
7the same as his or her net income at the time the order is
8entered.
9    If (i) the responsible relative was properly served with a
10request for discovery of financial information relating to the
11responsible relative's ability to provide child support, (ii)
12the responsible relative failed to comply with the request,
13despite having been ordered to do so by the court, and (iii)
14the responsible relative is not present at the hearing to
15determine support despite having received proper notice, then
16any relevant financial information concerning the responsible
17relative's ability to provide child support that was obtained
18pursuant to subpoena and proper notice shall be admitted into
19evidence without the need to establish any further foundation
20for its admission.
21    An order entered under this Section shall include a
22provision requiring the obligor to report to the obligee and to
23the clerk of court within 10 days each time the obligor obtains
24new employment, and each time the obligor's employment is
25terminated for any reason. The report shall be in writing and
26shall, in the case of new employment, include the name and

 

 

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1address of the new employer. Failure to report new employment
2or the termination of current employment, if coupled with
3nonpayment of support for a period in excess of 60 days, is
4indirect criminal contempt. For any obligor arrested for
5failure to report new employment bond shall be set in the
6amount of the child support that should have been paid during
7the period of unreported employment. An order entered under
8this Section shall also include a provision requiring the
9obligor and obligee parents to advise each other of a change in
10residence within 5 days of the change except when the court
11finds that the physical, mental, or emotional health of a party
12or that of a minor child, or both, would be seriously
13endangered by disclosure of the party's address.
14    The Court shall determine the amount of maintenance using
15the standards set forth in Section 504 of the Illinois Marriage
16and Dissolution of Marriage Act.
17    Any new or existing support order entered by the court
18under this Section shall be deemed to be a series of judgments
19against the person obligated to pay support thereunder, each
20such judgment to be in the amount of each payment or
21installment of support and each such judgment to be deemed
22entered as of the date the corresponding payment or installment
23becomes due under the terms of the support order. Each such
24judgment shall have the full force, effect and attributes of
25any other judgment of this State, including the ability to be
26enforced. Any such judgment is subject to modification or

 

 

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1termination only in accordance with Section 510 of the Illinois
2Marriage and Dissolution of Marriage Act. Notwithstanding any
3other State or local law to the contrary, a lien arises by
4operation of law against the real and personal property of the
5noncustodial parent for each installment of overdue support
6owed by the noncustodial parent.
7    When an order is entered for the support of a minor, the
8court may provide therein for reasonable visitation of the
9minor by the person or persons who provided support pursuant to
10the order. Whoever willfully refuses to comply with such
11visitation order or willfully interferes with its enforcement
12may be declared in contempt of court and punished therefor.
13    Except where the local governmental unit has entered into
14an agreement with the Illinois Department for the Child and
15Spouse Support Unit to act for it, as provided in Section
1610-3.1, support orders entered by the court in cases involving
17applicants or recipients under Article VI shall provide that
18payments thereunder be made directly to the local governmental
19unit. Orders for the support of all other applicants or
20recipients shall provide that payments thereunder be made
21directly to the Illinois Department. In accordance with federal
22law and regulations, the Illinois Department may continue to
23collect current maintenance payments or child support
24payments, or both, after those persons cease to receive public
25assistance and until termination of services under Article X.
26The Illinois Department shall pay the net amount collected to

 

 

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1those persons after deducting any costs incurred in making the
2collection or any collection fee from the amount of any
3recovery made. In both cases the order shall permit the local
4governmental unit or the Illinois Department, as the case may
5be, to direct the responsible relative or relatives to make
6support payments directly to the needy person, or to some
7person or agency in his behalf, upon removal of the person from
8the public aid rolls or upon termination of services under
9Article X.
10    If the notice of support due issued pursuant to Section
1110-7 directs that support payments be made directly to the
12needy person, or to some person or agency in his behalf, and
13the recipient is removed from the public aid rolls, court
14action may be taken against the responsible relative hereunder
15if he fails to furnish support in accordance with the terms of
16such notice.
17    Actions may also be brought under this Section in behalf of
18any person who is in need of support from responsible
19relatives, as defined in Section 2-11 of Article II who is not
20an applicant for or recipient of financial aid under this Code.
21In such instances, the State's Attorney of the county in which
22such person resides shall bring action against the responsible
23relatives hereunder. If the Illinois Department, as authorized
24by Section 10-1, extends the child support enforcement services
25provided by this Article to spouses and dependent children who
26are not applicants or recipients under this Code, the Child and

 

 

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1Spouse Support Unit established by Section 10-3.1 shall bring
2action against the responsible relatives hereunder and any
3support orders entered by the court in such cases shall provide
4that payments thereunder be made directly to the Illinois
5Department.
6    Whenever it is determined in a proceeding to establish or
7enforce a child support or maintenance obligation that the
8person owing a duty of support is unemployed, the court may
9order the person to seek employment and report periodically to
10the court with a diary, listing or other memorandum of his or
11her efforts in accordance with such order. Additionally, the
12court may order the unemployed person to report to the
13Department of Employment Security for job search services or to
14make application with the local Job Training Partnership Act
15provider for participation in job search, training or work
16programs and where the duty of support is owed to a child
17receiving child support enforcement services under this
18Article X, the court may order the unemployed person to report
19to the Illinois Department for participation in job search,
20training or work programs established under Section 9-6 and
21Article IXA of this Code.
22    Whenever it is determined that a person owes past-due
23support for a child receiving assistance under this Code, the
24court shall order at the request of the Illinois Department:
25        (1) that the person pay the past-due support in
26    accordance with a plan approved by the court; or

 

 

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1        (2) if the person owing past-due support is unemployed,
2    is subject to such a plan, and is not incapacitated, that
3    the person participate in such job search, training, or
4    work programs established under Section 9-6 and Article IXA
5    of this Code as the court deems appropriate.
6    A determination under this Section shall not be
7administratively reviewable by the procedures specified in
8Sections 10-12, and 10-13 to 10-13.10. Any determination under
9these Sections, if made the basis of court action under this
10Section, shall not affect the de novo judicial determination
11required under this Section.
12    If a person who is found guilty of contempt for failure to
13comply with an order to pay support is a person who conducts a
14business or who is self-employed, the court in addition to
15other penalties provided by law may order that the person do
16one or more of the following: (i) provide to the court monthly
17financial statements showing income and expenses from the
18business or the self-employment; (ii) seek employment and
19report periodically to the court with a diary, listing, or
20other memorandum of his or her employment search efforts; or
21(iii) report to the Department of Employment Security for job
22search services to find employment that will be subject to
23withholding of child support.
24    A one-time charge of 20% is imposable upon the amount of
25past-due child support owed on July 1, 1988 which has accrued
26under a support order entered by the court. The charge shall be

 

 

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1imposed in accordance with the provisions of Section 10-21 of
2this Code and shall be enforced by the court upon petition.
3    All orders for support, when entered or modified, shall
4include a provision requiring the non-custodial parent to
5notify the court and, in cases in which a party is receiving
6child support enforcement services under this Article X, the
7Illinois Department, within 7 days, (i) of the name, address,
8and telephone number of any new employer of the non-custodial
9parent, (ii) whether the non-custodial parent has access to
10health insurance coverage through the employer or other group
11coverage and, if so, the policy name and number and the names
12of persons covered under the policy, and (iii) of any new
13residential or mailing address or telephone number of the
14non-custodial parent. In any subsequent action to enforce a
15support order, upon a sufficient showing that a diligent effort
16has been made to ascertain the location of the non-custodial
17parent, service of process or provision of notice necessary in
18the case may be made at the last known address of the
19non-custodial parent in any manner expressly provided by the
20Code of Civil Procedure or this Code, which service shall be
21sufficient for purposes of due process.
22    An order for support shall include a date on which the
23current support obligation terminates. The termination date
24shall be no earlier than the date on which the child covered by
25the order will attain the age of 18. However, if the child will
26not graduate from high school until after attaining the age of

 

 

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118, then the termination date shall be no earlier than the
2earlier of the date on which the child's high school graduation
3will occur or the date on which the child will attain the age
4of 19. The order for support shall state that the termination
5date does not apply to any arrearage that may remain unpaid on
6that date. Nothing in this paragraph shall be construed to
7prevent the court from modifying the order or terminating the
8order in the event the child is otherwise emancipated.
9    If there is an unpaid arrearage or delinquency (as those
10terms are defined in the Income Withholding for Support Act)
11equal to at least one month's support obligation on the
12termination date stated in the order for support or, if there
13is no termination date stated in the order, on the date the
14child attains the age of majority or is otherwise emancipated,
15then the periodic amount required to be paid for current
16support of that child immediately prior to that date shall
17automatically continue to be an obligation, not as current
18support but as periodic payment toward satisfaction of the
19unpaid arrearage or delinquency. That periodic payment shall be
20in addition to any periodic payment previously required for
21satisfaction of the arrearage or delinquency. The total
22periodic amount to be paid toward satisfaction of the arrearage
23or delinquency may be enforced and collected by any method
24provided by law for the enforcement and collection of child
25support, including but not limited to income withholding under
26the Income Withholding for Support Act. Each order for support

 

 

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1entered or modified on or after the effective date of this
2amendatory Act of the 93rd General Assembly must contain a
3statement notifying the parties of the requirements of this
4paragraph. Failure to include the statement in the order for
5support does not affect the validity of the order or the
6operation of the provisions of this paragraph with regard to
7the order. This paragraph shall not be construed to prevent or
8affect the establishment or modification of an order for the
9support of a minor child or the establishment or modification
10of an order for the support of a non-minor child or educational
11expenses under Section 513 of the Illinois Marriage and
12Dissolution of Marriage Act.
13    Payments under this Section to the Illinois Department
14pursuant to the Child Support Enforcement Program established
15by Title IV-D of the Social Security Act shall be paid into the
16Child Support Enforcement Trust Fund. All payments under this
17Section to the Illinois Department of Human Services shall be
18deposited in the DHS Recoveries Trust Fund. Disbursements from
19these funds shall be as provided in Sections 12-9.1 and 12-10.2
20of this Code. Payments received by a local governmental unit
21shall be deposited in that unit's General Assistance Fund.
22    To the extent the provisions of this Section are
23inconsistent with the requirements pertaining to the State
24Disbursement Unit under Sections 10-10.4 and 10-26 of this
25Code, the requirements pertaining to the State Disbursement
26Unit shall apply.

 

 

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1(Source: P.A. 97-186, eff. 7-22-11.)
 
2    Section 10. The Illinois Marriage and Dissolution of
3Marriage Act is amended by changing Section 505 as follows:
 
4    (750 ILCS 5/505)  (from Ch. 40, par. 505)
5    Sec. 505. Child support; contempt; penalties.
6    (a) In a proceeding for dissolution of marriage, legal
7separation, declaration of invalidity of marriage, a
8proceeding for child support following dissolution of the
9marriage by a court which lacked personal jurisdiction over the
10absent spouse, a proceeding for modification of a previous
11order for child support under Section 510 of this Act, or any
12proceeding authorized under Section 501 or 601 of this Act, the
13court may order either or both parents owing a duty of support
14to a child of the marriage to pay an amount reasonable and
15necessary for his support, without regard to marital
16misconduct. The duty of support owed to a child includes the
17obligation to provide for the reasonable and necessary
18physical, mental and emotional health needs of the child. For
19purposes of this Section, the term "child" shall include any
20child under age 18 and any child under age 19 who is still
21attending high school.
22        (1) The Court shall determine the minimum amount of
23    support by using the following guidelines:
24Number of ChildrenPercent of Supporting Party's

 

 

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1Net Income
2120%
3228%
4332%
5440%
6545%
76 or more50%
8        (2) The above guidelines shall be applied in each case
9    unless the court makes a finding that application of the
10    guidelines would be inappropriate, after considering the
11    best interests of the child in light of evidence including
12    but not limited to one or more of the following relevant
13    factors:
14            (a) the financial resources and needs of the child;
15            (b) the financial resources and needs of the
16        custodial parent;
17            (c) the standard of living the child would have
18        enjoyed had the marriage not been dissolved;
19            (d) the physical and emotional condition of the
20        child, and his educational needs; and
21            (e) the financial resources and needs of the
22        non-custodial parent.
23        If the court deviates from the guidelines, the court's
24    finding shall state the amount of support that would have
25    been required under the guidelines, if determinable. The
26    court shall include the reason or reasons for the variance

 

 

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1    from the guidelines.
2        (3) "Net income" is defined as the total of all income
3    from all sources, minus the following deductions:
4            (a) Federal income tax (properly calculated
5        withholding or estimated payments);
6            (b) State income tax (properly calculated
7        withholding or estimated payments);
8            (c) Social Security (FICA payments);
9            (d) Mandatory retirement contributions required by
10        law or as a condition of employment;
11            (e) Union dues;
12            (f) Dependent and individual
13        health/hospitalization insurance premiums and life
14        insurance premiums for life insurance ordered by the
15        court to reasonably secure child support or support
16        ordered pursuant to Section 513, any such order to
17        entail provisions on which the parties agree or,
18        otherwise, in accordance with the limitations set
19        forth in subsection 504(f)(1) and (2);
20            (g) Prior obligations of support or maintenance
21        actually paid pursuant to a court order;
22            (h) Expenditures for repayment of debts that
23        represent reasonable and necessary expenses for the
24        production of income, medical expenditures necessary
25        to preserve life or health, reasonable expenditures
26        for the benefit of the child and the other parent,

 

 

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1        exclusive of gifts. The court shall reduce net income
2        in determining the minimum amount of support to be
3        ordered only for the period that such payments are due
4        and shall enter an order containing provisions for its
5        self-executing modification upon termination of such
6        payment period;
7            (i) Foster care payments paid by the Department of
8        Children and Family Services for providing licensed
9        foster care to a foster child.
10        (4) In cases where the court order provides for
11    health/hospitalization insurance coverage pursuant to
12    Section 505.2 of this Act, the premiums for that insurance,
13    or that portion of the premiums for which the supporting
14    party is responsible in the case of insurance provided
15    through an employer's health insurance plan where the
16    employer pays a portion of the premiums, shall be
17    subtracted from net income in determining the minimum
18    amount of support to be ordered.
19        (4.5) In a proceeding for child support following
20    dissolution of the marriage by a court that lacked personal
21    jurisdiction over the absent spouse, and in which the court
22    is requiring payment of support for the period before the
23    date an order for current support is entered, there is a
24    rebuttable presumption that the supporting party's net
25    income for the prior period was the same as his or her net
26    income at the time the order for current support is

 

 

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1    entered.
2        (5) If the net income cannot be determined because of
3    default or any other reason, the court shall order support
4    in an amount considered reasonable in the particular case.
5    The final order in all cases shall state the support level
6    in dollar amounts. However, if the court finds that the
7    child support amount cannot be expressed exclusively as a
8    dollar amount because all or a portion of the payor's net
9    income is uncertain as to source, time of payment, or
10    amount, the court may order a percentage amount of support
11    in addition to a specific dollar amount and enter such
12    other orders as may be necessary to determine and enforce,
13    on a timely basis, the applicable support ordered.
14        (6) If (i) the non-custodial parent was properly served
15    with a request for discovery of financial information
16    relating to the non-custodial parent's ability to provide
17    child support, (ii) the non-custodial parent failed to
18    comply with the request, despite having been ordered to do
19    so by the court, and (iii) the non-custodial parent is not
20    present at the hearing to determine support despite having
21    received proper notice, then any relevant financial
22    information concerning the non-custodial parent's ability
23    to provide child support that was obtained pursuant to
24    subpoena and proper notice shall be admitted into evidence
25    without the need to establish any further foundation for
26    its admission.

 

 

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1    (a-5) In an action to enforce an order for support based on
2the respondent's failure to make support payments as required
3by the order, notice of proceedings to hold the respondent in
4contempt for that failure may be served on the respondent by
5personal service or by regular mail addressed to the
6respondent's last known address. The respondent's last known
7address may be determined from records of the clerk of the
8court, from the Federal Case Registry of Child Support Orders,
9or by any other reasonable means.
10    (b) Failure of either parent to comply with an order to pay
11support shall be punishable as in other cases of contempt. In
12addition to other penalties provided by law the Court may,
13after finding the parent guilty of contempt, order that the
14parent be:
15        (1) placed on probation with such conditions of
16    probation as the Court deems advisable;
17        (2) sentenced to periodic imprisonment for a period not
18    to exceed 6 months; provided, however, that the Court may
19    permit the parent to be released for periods of time during
20    the day or night to:
21            (A) work; or
22            (B) conduct a business or other self-employed
23        occupation.
24    The Court may further order any part or all of the earnings
25of a parent during a sentence of periodic imprisonment paid to
26the Clerk of the Circuit Court or to the parent having custody

 

 

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1or to the guardian having custody of the children of the
2sentenced parent for the support of said children until further
3order of the Court.
4    If a parent who is found guilty of contempt for failure to
5comply with an order to pay support is a person who conducts a
6business or who is self-employed, the court in addition to
7other penalties provided by law may order that the parent do
8one or more of the following: (i) provide to the court monthly
9financial statements showing income and expenses from the
10business or the self-employment; (ii) seek employment and
11report periodically to the court with a diary, listing, or
12other memorandum of his or her employment search efforts; or
13(iii) report to the Department of Employment Security for job
14search services to find employment that will be subject to
15withholding for child support.
16    If there is a unity of interest and ownership sufficient to
17render no financial separation between a non-custodial parent
18and another person or persons or business entity, the court may
19pierce the ownership veil of the person, persons, or business
20entity to discover assets of the non-custodial parent held in
21the name of that person, those persons, or that business
22entity. The following circumstances are sufficient to
23authorize a court to order discovery of the assets of a person,
24persons, or business entity and to compel the application of
25any discovered assets toward payment on the judgment for
26support:

 

 

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1        (1) the non-custodial parent and the person, persons,
2    or business entity maintain records together.
3        (2) the non-custodial parent and the person, persons,
4    or business entity fail to maintain an arms length
5    relationship between themselves with regard to any assets.
6        (3) the non-custodial parent transfers assets to the
7    person, persons, or business entity with the intent to
8    perpetrate a fraud on the custodial parent.
9    With respect to assets which are real property, no order
10entered under this paragraph shall affect the rights of bona
11fide purchasers, mortgagees, judgment creditors, or other lien
12holders who acquire their interests in the property prior to
13the time a notice of lis pendens pursuant to the Code of Civil
14Procedure or a copy of the order is placed of record in the
15office of the recorder of deeds for the county in which the
16real property is located.
17    The court may also order in cases where the parent is 90
18days or more delinquent in payment of support or has been
19adjudicated in arrears in an amount equal to 90 days obligation
20or more, that the parent's Illinois driving privileges be
21suspended until the court determines that the parent is in
22compliance with the order of support. The court may also order
23that the parent be issued a family financial responsibility
24driving permit that would allow limited driving privileges for
25employment and medical purposes in accordance with Section
267-702.1 of the Illinois Vehicle Code. The clerk of the circuit

 

 

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1court shall certify the order suspending the driving privileges
2of the parent or granting the issuance of a family financial
3responsibility driving permit to the Secretary of State on
4forms prescribed by the Secretary. Upon receipt of the
5authenticated documents, the Secretary of State shall suspend
6the parent's driving privileges until further order of the
7court and shall, if ordered by the court, subject to the
8provisions of Section 7-702.1 of the Illinois Vehicle Code,
9issue a family financial responsibility driving permit to the
10parent.
11    In addition to the penalties or punishment that may be
12imposed under this Section, any person whose conduct
13constitutes a violation of Section 15 of the Non-Support
14Punishment Act may be prosecuted under that Act, and a person
15convicted under that Act may be sentenced in accordance with
16that Act. The sentence may include but need not be limited to a
17requirement that the person perform community service under
18Section 50 of that Act or participate in a work alternative
19program under Section 50 of that Act. A person may not be
20required to participate in a work alternative program under
21Section 50 of that Act if the person is currently participating
22in a work program pursuant to Section 505.1 of this Act.
23    A support obligation, or any portion of a support
24obligation, which becomes due and remains unpaid as of the end
25of each month, excluding the child support that was due for
26that month to the extent that it was not paid in that month,

 

 

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1shall accrue simple interest as set forth in Section 12-109 of
2the Code of Civil Procedure. An order for support entered or
3modified on or after January 1, 2006 shall contain a statement
4that a support obligation required under the order, or any
5portion of a support obligation required under the order, that
6becomes due and remains unpaid as of the end of each month,
7excluding the child support that was due for that month to the
8extent that it was not paid in that month, shall accrue simple
9interest as set forth in Section 12-109 of the Code of Civil
10Procedure. Failure to include the statement in the order for
11support does not affect the validity of the order or the
12accrual of interest as provided in this Section.
13    (c) A one-time charge of 20% is imposable upon the amount
14of past-due child support owed on July 1, 1988 which has
15accrued under a support order entered by the court. The charge
16shall be imposed in accordance with the provisions of Section
1710-21 of the Illinois Public Aid Code and shall be enforced by
18the court upon petition.
19    (d) Any new or existing support order entered by the court
20under this Section shall be deemed to be a series of judgments
21against the person obligated to pay support thereunder, each
22such judgment to be in the amount of each payment or
23installment of support and each such judgment to be deemed
24entered as of the date the corresponding payment or installment
25becomes due under the terms of the support order. Each such
26judgment shall have the full force, effect and attributes of

 

 

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1any other judgment of this State, including the ability to be
2enforced. Notwithstanding any other State or local law to the
3contrary, a lien arises by operation of law against the real
4and personal property of the noncustodial parent for each
5installment of overdue support owed by the noncustodial parent.
6    (e) When child support is to be paid through the clerk of
7the court in a county of 1,000,000 inhabitants or less, the
8order shall direct the obligor to pay to the clerk, in addition
9to the child support payments, all fees imposed by the county
10board under paragraph (3) of subsection (u) of Section 27.1 of
11the Clerks of Courts Act. Unless paid in cash or pursuant to an
12order for withholding, the payment of the fee shall be by a
13separate instrument from the support payment and shall be made
14to the order of the Clerk.
15    (f) All orders for support, when entered or modified, shall
16include a provision requiring the obligor to notify the court
17and, in cases in which a party is receiving child and spouse
18services under Article X of the Illinois Public Aid Code, the
19Department of Healthcare and Family Services, within 7 days,
20(i) of the name and address of any new employer of the obligor,
21(ii) whether the obligor has access to health insurance
22coverage through the employer or other group coverage and, if
23so, the policy name and number and the names of persons covered
24under the policy, and (iii) of any new residential or mailing
25address or telephone number of the non-custodial parent. In any
26subsequent action to enforce a support order, upon a sufficient

 

 

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1showing that a diligent effort has been made to ascertain the
2location of the non-custodial parent, service of process or
3provision of notice necessary in the case may be made at the
4last known address of the non-custodial parent in any manner
5expressly provided by the Code of Civil Procedure or this Act,
6which service shall be sufficient for purposes of due process.
7    (g) An order for support shall include a date on which the
8current support obligation terminates. The termination date
9shall be no earlier than the date on which the child covered by
10the order will attain the age of 18. However, if the child will
11not graduate from high school until after attaining the age of
1218, then the termination date shall be no earlier than the
13earlier of the date on which the child's high school graduation
14will occur or the date on which the child will attain the age
15of 19. The order for support shall state that the termination
16date does not apply to any arrearage that may remain unpaid on
17that date. Nothing in this subsection shall be construed to
18prevent the court from modifying the order or terminating the
19order in the event the child is otherwise emancipated.
20    (g-5) If there is an unpaid arrearage or delinquency (as
21those terms are defined in the Income Withholding for Support
22Act) equal to at least one month's support obligation on the
23termination date stated in the order for support or, if there
24is no termination date stated in the order, on the date the
25child attains the age of majority or is otherwise emancipated,
26the periodic amount required to be paid for current support of

 

 

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1that child immediately prior to that date shall automatically
2continue to be an obligation, not as current support but as
3periodic payment toward satisfaction of the unpaid arrearage or
4delinquency. That periodic payment shall be in addition to any
5periodic payment previously required for satisfaction of the
6arrearage or delinquency. The total periodic amount to be paid
7toward satisfaction of the arrearage or delinquency may be
8enforced and collected by any method provided by law for
9enforcement and collection of child support, including but not
10limited to income withholding under the Income Withholding for
11Support Act. Each order for support entered or modified on or
12after the effective date of this amendatory Act of the 93rd
13General Assembly must contain a statement notifying the parties
14of the requirements of this subsection. Failure to include the
15statement in the order for support does not affect the validity
16of the order or the operation of the provisions of this
17subsection with regard to the order. This subsection shall not
18be construed to prevent or affect the establishment or
19modification of an order for support of a minor child or the
20establishment or modification of an order for support of a
21non-minor child or educational expenses under Section 513 of
22this Act.
23    (h) An order entered under this Section shall include a
24provision requiring the obligor to report to the obligee and to
25the clerk of court within 10 days each time the obligor obtains
26new employment, and each time the obligor's employment is

 

 

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1terminated for any reason. The report shall be in writing and
2shall, in the case of new employment, include the name and
3address of the new employer. Failure to report new employment
4or the termination of current employment, if coupled with
5nonpayment of support for a period in excess of 60 days, is
6indirect criminal contempt. For any obligor arrested for
7failure to report new employment bond shall be set in the
8amount of the child support that should have been paid during
9the period of unreported employment. An order entered under
10this Section shall also include a provision requiring the
11obligor and obligee parents to advise each other of a change in
12residence within 5 days of the change except when the court
13finds that the physical, mental, or emotional health of a party
14or that of a child, or both, would be seriously endangered by
15disclosure of the party's address.
16    (i) The court does not lose the powers of contempt,
17driver's license suspension, or other child support
18enforcement mechanisms, including, but not limited to,
19criminal prosecution as set forth in this Act, upon the
20emancipation of the minor child or children.
21(Source: P.A. 96-1134, eff. 7-21-10; 97-186, eff. 7-22-11;
2297-608, eff. 1-1-12; revised 10-4-11.)
 
23    Section 15. The Non-Support Punishment Act is amended by
24changing Section 20 as follows:
 

 

 

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1    (750 ILCS 16/20)
2    Sec. 20. Entry of order for support; income withholding.
3    (a) In a case in which no court or administrative order for
4support is in effect against the defendant:
5        (1) at any time before the trial, upon motion of the
6    State's Attorney, or of the Attorney General if the action
7    has been instituted by his office, and upon notice to the
8    defendant, or at the time of arraignment or as a condition
9    of postponement of arraignment, the court may enter such
10    temporary order for support as may seem just, providing for
11    the support or maintenance of the spouse or child or
12    children of the defendant, or both, pendente lite; or
13        (2) before trial with the consent of the defendant, or
14    at the trial on entry of a plea of guilty, or after
15    conviction, instead of imposing the penalty provided in
16    this Act, or in addition thereto, the court may enter an
17    order for support, subject to modification by the court
18    from time to time as circumstances may require, directing
19    the defendant to pay a certain sum for maintenance of the
20    spouse, or for support of the child or children, or both.
21    (b) The court shall determine the amount of child support
22by using the guidelines and standards set forth in subsection
23(a) of Section 505 and in Section 505.2 of the Illinois
24Marriage and Dissolution of Marriage Act.
25    If (i) the non-custodial parent was properly served with a
26request for discovery of financial information relating to the

 

 

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1non-custodial parent's ability to provide child support, (ii)
2the non-custodial parent failed to comply with the request,
3despite having been ordered to do so by the court, and (iii)
4the non-custodial parent is not present at the hearing to
5determine support despite having received proper notice, then
6any relevant financial information concerning the
7non-custodial parent's ability to provide support that was
8obtained pursuant to subpoena and proper notice shall be
9admitted into evidence without the need to establish any
10further foundation for its admission.
11    (c) The court shall determine the amount of maintenance
12using the standards set forth in Section 504 of the Illinois
13Marriage and Dissolution of Marriage Act.
14    (d) The court may, for violation of any order under this
15Section, punish the offender as for a contempt of court, but no
16pendente lite order shall remain in effect longer than 4
17months, or after the discharge of any panel of jurors summoned
18for service thereafter in such court, whichever is sooner.
19    (d-5) If a person who is found guilty of contempt for
20failure to comply with an order to pay support is a person who
21conducts a business or who is self-employed, the court may
22order in addition to other penalties provided by law that the
23person do one or more of the following: (i) provide to the
24court monthly financial statements showing income and expenses
25from the business or the self-employment; (ii) seek employment
26and report periodically to the court with a diary, listing, or

 

 

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1other memorandum of his or her employment search efforts; or
2(iii) report to the Department of Employment Security for job
3search services to find employment that will be subject to
4withholding of child support.
5    (e) Any order for support entered by the court under this
6Section shall be deemed to be a series of judgments against the
7person obligated to pay support under the judgments, each such
8judgment to be in the amount of each payment or installment of
9support and each judgment to be deemed entered as of the date
10the corresponding payment or installment becomes due under the
11terms of the support order. Each judgment shall have the full
12force, effect, and attributes of any other judgment of this
13State, including the ability to be enforced. Each judgment is
14subject to modification or termination only in accordance with
15Section 510 of the Illinois Marriage and Dissolution of
16Marriage Act. Notwithstanding any other State or local law to
17the contrary, a lien arises by operation of law against the
18real and personal property of the noncustodial parent for each
19installment of overdue support owed by the noncustodial parent.
20    (f) An order for support entered under this Section shall
21include a provision requiring the obligor to report to the
22obligee and to the clerk of the court within 10 days each time
23the obligor obtains new employment, and each time the obligor's
24employment is terminated for any reason. The report shall be in
25writing and shall, in the case of new employment, include the
26name and address of the new employer.

 

 

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1    Failure to report new employment or the termination of
2current employment, if coupled with nonpayment of support for a
3period in excess of 60 days, is indirect criminal contempt. For
4any obligor arrested for failure to report new employment, bond
5shall be set in the amount of the child support that should
6have been paid during the period of unreported employment.
7    An order for support entered under this Section shall also
8include a provision requiring the obligor and obligee parents
9to advise each other of a change in residence within 5 days of
10the change except when the court finds that the physical,
11mental, or emotional health of a party or of a minor child, or
12both, would be seriously endangered by disclosure of the
13party's address.
14    (g) An order for support entered or modified in a case in
15which a party is receiving child support enforcement services
16under Article X of the Illinois Public Aid Code shall include a
17provision requiring the noncustodial parent to notify the
18Department of Healthcare and Family Services, within 7 days, of
19the name and address of any new employer of the noncustodial
20parent, whether the noncustodial parent has access to health
21insurance coverage through the employer or other group coverage
22and, if so, the policy name and number and the names of persons
23covered under the policy.
24    (h) In any subsequent action to enforce an order for
25support entered under this Act, upon sufficient showing that
26diligent effort has been made to ascertain the location of the

 

 

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1noncustodial parent, service of process or provision of notice
2necessary in that action may be made at the last known address
3of the noncustodial parent, in any manner expressly provided by
4the Code of Civil Procedure or in this Act, which service shall
5be sufficient for purposes of due process.
6    (i) An order for support shall include a date on which the
7current support obligation terminates. The termination date
8shall be no earlier than the date on which the child covered by
9the order will attain the age of 18. However, if the child will
10not graduate from high school until after attaining the age of
1118, then the termination date shall be no earlier than the
12earlier of the date on which the child's high school graduation
13will occur or the date on which the child will attain the age
14of 19. The order for support shall state that the termination
15date does not apply to any arrearage that may remain unpaid on
16that date. Nothing in this subsection shall be construed to
17prevent the court from modifying the order or terminating the
18order in the event the child is otherwise emancipated.
19    (i-5) If there is an unpaid arrearage or delinquency (as
20those terms are defined in the Income Withholding for Support
21Act) equal to at least one month's support obligation on the
22termination date stated in the order for support or, if there
23is no termination date stated in the order, on the date the
24child attains the age of majority or is otherwise emancipated,
25the periodic amount required to be paid for current support of
26that child immediately prior to that date shall automatically

 

 

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1continue to be an obligation, not as current support but as
2periodic payment toward satisfaction of the unpaid arrearage or
3delinquency. That periodic payment shall be in addition to any
4periodic payment previously required for satisfaction of the
5arrearage or delinquency. The total periodic amount to be paid
6toward satisfaction of the arrearage or delinquency may be
7enforced and collected by any method provided by law for
8enforcement and collection of child support, including but not
9limited to income withholding under the Income Withholding for
10Support Act. Each order for support entered or modified on or
11after the effective date of this amendatory Act of the 93rd
12General Assembly must contain a statement notifying the parties
13of the requirements of this subsection. Failure to include the
14statement in the order for support does not affect the validity
15of the order or the operation of the provisions of this
16subsection with regard to the order. This subsection shall not
17be construed to prevent or affect the establishment or
18modification of an order for support of a minor child or the
19establishment or modification of an order for support of a
20non-minor child or educational expenses under Section 513 of
21the Illinois Marriage and Dissolution of Marriage Act.
22    (j) A support obligation, or any portion of a support
23obligation, which becomes due and remains unpaid as of the end
24of each month, excluding the child support that was due for
25that month to the extent that it was not paid in that month,
26shall accrue simple interest as set forth in Section 12-109 of

 

 

SB3549 Enrolled- 32 -LRB097 16867 AJO 62052 b

1the Code of Civil Procedure. An order for support entered or
2modified on or after January 1, 2006 shall contain a statement
3that a support obligation required under the order, or any
4portion of a support obligation required under the order, that
5becomes due and remains unpaid as of the end of each month,
6excluding the child support that was due for that month to the
7extent that it was not paid in that month, shall accrue simple
8interest as set forth in Section 12-109 of the Code of Civil
9Procedure. Failure to include the statement in the order for
10support does not affect the validity of the order or the
11accrual of interest as provided in this Section.
12(Source: P.A. 97-186, eff. 7-22-11.)
 
13    Section 20. The Illinois Parentage Act of 1984 is amended
14by changing Section 15 as follows:
 
15    (750 ILCS 45/15)  (from Ch. 40, par. 2515)
16    Sec. 15. Enforcement of Judgment or Order.
17    (a) If existence of the parent and child relationship is
18declared, or paternity or duty of support has been established
19under this Act or under prior law or under the law of any other
20jurisdiction, the judgment rendered thereunder may be enforced
21in the same or other proceedings by any party or any person or
22agency that has furnished or may furnish financial assistance
23or services to the child. The Income Withholding for Support
24Act and Sections 14 and 16 of this Act shall also be applicable

 

 

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1with respect to entry, modification and enforcement of any
2support judgment entered under provisions of the "Paternity
3Act", approved July 5, 1957, as amended, repealed July 1, 1985.
4    (b) Failure to comply with any order of the court shall be
5punishable as contempt as in other cases of failure to comply
6under the "Illinois Marriage and Dissolution of Marriage Act",
7as now or hereafter amended. In addition to other penalties
8provided by law, the court may, after finding the party guilty
9of contempt, order that the party be:
10        (1) Placed on probation with such conditions of
11    probation as the court deems advisable;
12        (2) Sentenced to periodic imprisonment for a period not
13    to exceed 6 months. However, the court may permit the party
14    to be released for periods of time during the day or night
15    to work or conduct business or other self-employed
16    occupation. The court may further order any part of all the
17    earnings of a party during a sentence of periodic
18    imprisonment to be paid to the Clerk of the Circuit Court
19    or to the person or parent having custody of the minor
20    child for the support of said child until further order of
21    the court.
22        (2.5) The court may also pierce the ownership veil of a
23    person, persons, or business entity to discover assets of a
24    non-custodial parent held in the name of that person, those
25    persons, or that business entity if there is a unity of
26    interest and ownership sufficient to render no financial

 

 

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1    separation between the non-custodial parent and that
2    person, those persons, or the business entity. The
3    following circumstances are sufficient for a court to order
4    discovery of the assets of a person, persons, or business
5    entity and to compel the application of any discovered
6    assets toward payment on the judgment for support:
7            (A) the non-custodial parent and the person,
8        persons, or business entity maintain records together.
9            (B) the non-custodial parent and the person,
10        persons, or business entity fail to maintain an arms
11        length relationship between themselves with regard to
12        any assets.
13            (C) the non-custodial parent transfers assets to
14        the person, persons, or business entity with the intent
15        to perpetrate a fraud on the custodial parent.
16        With respect to assets which are real property, no
17    order entered under this subdivision (2.5) shall affect the
18    rights of bona fide purchasers, mortgagees, judgment
19    creditors, or other lien holders who acquire their
20    interests in the property prior to the time a notice of lis
21    pendens pursuant to the Code of Civil Procedure or a copy
22    of the order is placed of record in the office of the
23    recorder of deeds for the county in which the real property
24    is located.
25        (3) The court may also order that in cases where the
26    party is 90 days or more delinquent in payment of support

 

 

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1    or has been adjudicated in arrears in an amount equal to 90
2    days obligation or more, that the party's Illinois driving
3    privileges be suspended until the court determines that the
4    party is in compliance with the judgement or duty of
5    support. The court may also order that the parent be issued
6    a family financial responsibility driving permit that
7    would allow limited driving privileges for employment and
8    medical purposes in accordance with Section 7-702.1 of the
9    Illinois Vehicle Code. The clerk of the circuit court shall
10    certify the order suspending the driving privileges of the
11    parent or granting the issuance of a family financial
12    responsibility driving permit to the Secretary of State on
13    forms prescribed by the Secretary. Upon receipt of the
14    authenticated documents, the Secretary of State shall
15    suspend the party's driving privileges until further order
16    of the court and shall, if ordered by the court, subject to
17    the provisions of Section 7-702.1 of the Illinois Vehicle
18    Code, issue a family financial responsibility driving
19    permit to the parent.
20    In addition to the penalties or punishment that may be
21imposed under this Section, any person whose conduct
22constitutes a violation of Section 15 of the Non-Support
23Punishment Act may be prosecuted under that Act, and a person
24convicted under that Act may be sentenced in accordance with
25that Act. The sentence may include but need not be limited to a
26requirement that the person perform community service under

 

 

SB3549 Enrolled- 36 -LRB097 16867 AJO 62052 b

1Section 50 of that Act or participate in a work alternative
2program under Section 50 of that Act. A person may not be
3required to participate in a work alternative program under
4Section 50 of that Act if the person is currently participating
5in a work program pursuant to Section 15.1 of this Act.
6    (b-5) If a party who is found guilty of contempt for a
7failure to comply with an order to pay support is a person who
8conducts a business or who is self-employed, the court may in
9addition to other penalties provided by law order that the
10party do one or more of the following: (i) provide to the court
11monthly financial statements showing income and expenses from
12the business or the self-employment; (ii) seek employment and
13report periodically to the court with a diary, listing, or
14other memorandum of his or her employment search efforts; or
15(iii) report to the Department of Employment Security for job
16search services to find employment that will be subject to
17withholding of child support.
18    (c) In any post-judgment proceeding to enforce or modify
19the judgment the parties shall continue to be designated as in
20the original proceeding.
21(Source: P.A. 91-357, eff. 7-29-99; 92-16, eff. 6-28-01.)
 
22    Section 99. Effective date. This Act takes effect January
231, 2013.