Full Text of SB2827 95th General Assembly
SB2827 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2827
Introduced 2/15/2008, by Sen. Iris Y. Martinez SYNOPSIS AS INTRODUCED: |
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305 ILCS 5/10-17.7 |
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750 ILCS 45/11 |
from Ch. 40, par. 2511 |
750 ILCS 45/14 |
from Ch. 40, par. 2514 |
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Amends the Illinois Public Aid Code and the Illinois Parentage Act of 1984. Provides that in a proceeding under the Illinois Parentage Act of 1984, except in a case in which a party is in default, the court shall (instead of may, and upon request of a party
shall) order or direct the mother, child, and alleged father to
submit to DNA tests; provides an exception if both the mother and the alleged father have signed a waiver stating that (i) they have been informed of the requirement of DNA testing and (ii) they expressly waive that requirement. Provides that the Department of Healthcare and Family Services may not make an administrative determination of paternity, and the court may not enter a judgment of parentage, unless (1) the results of DNA tests of the mother, child, and alleged father have been admitted into evidence (provided that if a party is in default, the results of a DNA test need not be admitted into evidence) or (2) both the mother and the alleged father have signed a waiver stating that they have been informed of the requirement of DNA testing and they expressly waive that requirement. Requires the Department of Healthcare and Family Services to prescribe the form of the waiver and distribute copies of the waiver form to the circuit courts of the State. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2827 |
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LRB095 19282 DRJ 45916 b |
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| AN ACT concerning children.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Public Aid Code is amended by | 5 |
| changing Section 10-17.7 as follows:
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| (305 ILCS 5/10-17.7)
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| Sec. 10-17.7. Administrative determination of paternity. | 8 |
| (a) The Illinois
Department may provide by rule for the | 9 |
| administrative determination of
paternity by the Child and | 10 |
| Spouse Support Unit in cases involving applicants
for or | 11 |
| recipients of financial aid under Article IV of this Act and | 12 |
| other
persons who are given access to the child support
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| enforcement services of this
Article as provided in Section | 14 |
| 10-1, including persons similarly situated and
receiving | 15 |
| similar services in other states. The rules shall extend to | 16 |
| cases in
which the mother and alleged father voluntarily | 17 |
| acknowledge paternity in the
form required by the Illinois | 18 |
| Department or agree
to be bound by the results of genetic | 19 |
| testing or in which the alleged
father
has failed to respond to | 20 |
| a notification of support obligation issued under
Section 10-4 | 21 |
| and to cases of contested paternity. Any
presumption provided | 22 |
| for under the Illinois Parentage Act of
1984 shall apply to | 23 |
| cases in which paternity is determined under the rules of
the |
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| Illinois Department. The rules shall provide for notice and an | 2 |
| opportunity
to be heard by the responsible relative and the | 3 |
| person receiving child support enforcement services under this | 4 |
| Article if paternity is
not
voluntarily acknowledged, and any | 5 |
| final administrative
decision rendered by the Illinois | 6 |
| Department shall be reviewed only under and
in accordance with | 7 |
| the Administrative Review Law. Determinations of paternity
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| made by the Illinois Department under the rules authorized by | 9 |
| this Section
shall
have the full force and effect of a court | 10 |
| judgment of paternity entered under
the Illinois Parentage Act | 11 |
| of 1984.
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| (b) In determining paternity in contested cases, the | 13 |
| Illinois Department shall
conduct the evidentiary hearing in | 14 |
| accordance with Section 11 of the Parentage
Act of 1984, except | 15 |
| that references in that Section to "the court" shall be
deemed | 16 |
| to mean the Illinois Department's hearing officer in cases in | 17 |
| which
paternity is determined administratively by the Illinois | 18 |
| Department.
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| (c) Notwithstanding any other provision of this Article, | 20 |
| the Illinois Department may not make an administrative | 21 |
| determination of paternity under this Section unless: | 22 |
| (1) the results of deoxyribonucleic acid (DNA) tests of | 23 |
| the mother, child, and alleged father have been admitted | 24 |
| into evidence; provided that if a party is in default, the | 25 |
| results of a DNA test need not be admitted into evidence; | 26 |
| or |
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LRB095 19282 DRJ 45916 b |
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| (2) both the mother and the alleged father have signed | 2 |
| a waiver stating that (i) they have been informed of the | 3 |
| requirement of DNA testing under Section 11 of the Illinois | 4 |
| Parentage
Act of 1984 and (ii) they expressly waive that | 5 |
| requirement. | 6 |
| A waiver under paragraph (2) of this subsection shall be | 7 |
| signed under penalty of perjury and shall be filed with the | 8 |
| Illinois Department. The Illinois Department shall prescribe | 9 |
| the form of the waiver. | 10 |
| (d) Notwithstanding any other provision of this Article, a
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| default determination
of
paternity may be made if service of | 12 |
| the notice under Section 10-4 was made by
publication under the | 13 |
| rules for administrative paternity determination
authorized by | 14 |
| this Section. The rules as they pertain to service by
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| publication shall (i) be based on the provisions of Section | 16 |
| 2-206 and 2-207 of
the Code of Civil Procedure, (ii) provide | 17 |
| for service by publication in cases
in which
the whereabouts of | 18 |
| the alleged father are unknown after diligent location
efforts | 19 |
| by the Child and Spouse Support Unit, and (iii) provide for | 20 |
| publication
of a notice of default paternity determination in | 21 |
| the same manner that the
notice under Section 10-4 was | 22 |
| published.
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| (e) The Illinois Department
may implement this Section | 24 |
| through the use of emergency rules in accordance
with Section | 25 |
| 5-45 of the Illinois Administrative Procedure Act. For purposes
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| of the Illinois Administrative Procedure Act, the adoption of |
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| rules to
implement this Section shall be considered an | 2 |
| emergency and necessary for
the public interest, safety, and | 3 |
| welfare.
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| (Source: P.A. 92-590, eff. 7-1-02.)
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| Section 10. The Illinois Parentage Act of 1984 is amended | 6 |
| by changing Sections 11 and 14 as follows:
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| (750 ILCS 45/11) (from Ch. 40, par. 2511)
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| Sec. 11. Tests to determine inherited characteristics.
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| (a) As soon as practicable, except in a case in which a | 10 |
| party is in default, the court or Administrative Hearing | 11 |
| Officer
in an Expedited Child Support System shall may, and | 12 |
| upon request of a party
shall, order or direct the mother, | 13 |
| child and alleged father to
submit to deoxyribonucleic acid | 14 |
| (DNA) tests to determine
inherited characteristics , unless | 15 |
| both the mother and the alleged father have signed a waiver | 16 |
| stating that (i) they have been informed of the requirement of | 17 |
| DNA testing under this Section and (ii) they expressly waive | 18 |
| that requirement .
The waiver shall be signed under penalty of | 19 |
| perjury and shall be filed with the court. The Department of | 20 |
| Healthcare and Family Services shall prescribe the form of the | 21 |
| waiver and shall distribute copies of the waiver form to the | 22 |
| circuit courts of the State. If any party refuses to submit to | 23 |
| the tests, the court may
resolve the
question of paternity | 24 |
| against that party or enforce its order if the rights
of others |
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| and the interests of justice so require.
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| (b) The tests shall be conducted by an expert qualified as | 3 |
| an examiner of
blood or tissue types and appointed by
the | 4 |
| court.
The expert shall determine the testing procedures. | 5 |
| However, any
interested party, for good cause shown, in advance | 6 |
| of the scheduled tests,
may request a hearing to object to the
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| qualifications of the expert or the testing procedures. The
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| expert appointed by the court shall testify at the
pre-test | 9 |
| hearing at the expense of the party requesting the hearing, | 10 |
| except
as provided in subsection (h) of this Section for an | 11 |
| indigent party. An
expert not appointed by the court shall | 12 |
| testify at the pre-test hearing at
the expense of the party | 13 |
| retaining the expert. Inquiry into an
expert's qualifications | 14 |
| at the pre-test hearing shall not affect either
parties' right | 15 |
| to have the expert qualified at trial.
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| (c) The expert shall prepare a written report of the test
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| results. If the test results show that the alleged father is | 18 |
| not excluded,
the report shall contain a combined paternity | 19 |
| index relating to the probability
of paternity. The expert may | 20 |
| be called by the court as a witness to
testify to his or her | 21 |
| findings and, if called, shall be subject to
cross-examination | 22 |
| by the parties. If the test results show that the alleged
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| father is not excluded,
any party may demand that other | 24 |
| experts,
qualified as examiners of blood or tissue types, | 25 |
| perform independent tests
under order of court, including, but | 26 |
| not limited to, blood types or other
tests of genetic markers |
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| such as those found by Human Leucocyte Antigen (HLA)
tests. The | 2 |
| results of the tests may be offered into evidence. The
number | 3 |
| and qualifications of the experts shall be determined by the | 4 |
| court.
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| (d) Documentation of the chain of custody of the blood or
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| tissue samples, accompanied by an affidavit or certification in | 7 |
| accordance
with Section 1-109 of the Code of Civil Procedure, | 8 |
| is competent evidence to
establish the chain of custody.
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| (e) The report of the test results prepared by the | 10 |
| appointed expert shall be
made by affidavit or
by
certification | 11 |
| as provided in Section 1-109 of the Code of Civil Procedure
and | 12 |
| shall be mailed to all parties. A proof of service shall be
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| filed with the court. The verified
report shall be admitted | 14 |
| into evidence at trial without foundation testimony
or other | 15 |
| proof of authenticity or accuracy, unless a written motion
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| challenging the admissibility of the report is filed by either | 17 |
| party
within 28 days of receipt of the report, in
which case | 18 |
| expert testimony shall be required.
A party may
not file such a | 19 |
| motion challenging the admissibility of the report later than
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| 28 days before commencement of trial. Before trial, the court
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| shall determine whether the motion is sufficient to deny | 22 |
| admission of the
report by verification. Failure to make
that | 23 |
| timely motion constitutes a waiver of the right to object to
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| admission by verification and shall not be
grounds for a | 25 |
| continuance of the hearing to determine paternity.
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| (f) Tests taken pursuant to this Section shall have the |
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LRB095 19282 DRJ 45916 b |
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| following effect:
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| (1) If the court finds that the conclusion of the | 3 |
| expert or
experts, as
disclosed by the evidence based upon | 4 |
| the tests, is that the alleged father
is not the parent of | 5 |
| the child, the question of paternity shall be resolved
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| accordingly.
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| (2) If the experts disagree in their findings or | 8 |
| conclusions, the
question shall be weighed with other | 9 |
| competent evidence of paternity.
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| (3) If the tests show that the alleged father is
not | 11 |
| excluded and that the combined paternity index is less than | 12 |
| 500 to 1,
this evidence shall be admitted by the court and | 13 |
| shall be weighed with
other competent evidence of | 14 |
| paternity.
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| (4) If the tests show that the alleged father is not
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| excluded and that the combined paternity index is at least | 17 |
| 500 to 1, the
alleged
father is presumed to be the father, | 18 |
| and this evidence shall be admitted.
This presumption may | 19 |
| be rebutted by clear and convincing evidence.
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| (g) Any presumption of parentage as set forth in Section 5 | 21 |
| of this Act
is rebutted if the court finds that the conclusion | 22 |
| of the expert or experts
excludes
paternity of the presumed | 23 |
| father.
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| (h) The expense of the tests shall be paid by the party
who | 25 |
| requests the tests. Where the tests are requested by the party
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| seeking to establish paternity and that party is found to be |
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| indigent by
the court, the expense shall be paid by the public | 2 |
| agency providing
representation; except that where a public | 3 |
| agency is not providing
representation, the expense shall be | 4 |
| paid by the county in which the action
is brought. Where the | 5 |
| tests are ordered by the court on its own motion or
are | 6 |
| requested by the alleged or presumed father and that father is | 7 |
| found to
be indigent by the court, the expense shall be paid by | 8 |
| the county in which
the action is brought. Any part of the | 9 |
| expense may be taxed as costs in the
action, except that no | 10 |
| costs may be taxed against a public agency that has
not | 11 |
| requested the tests.
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| (i) The compensation of each expert witness appointed by | 13 |
| the court shall
be paid as provided in subsection (h) of this | 14 |
| Section. Any part of
the payment may be taxed as costs in the | 15 |
| action, except that
no costs may be taxed against a public | 16 |
| agency that has not requested the
services of the expert | 17 |
| witness.
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| (j) Nothing in this Section shall prevent any party from | 19 |
| obtaining tests
of his or her own blood or tissue independent | 20 |
| of those ordered by the court
or from
presenting expert | 21 |
| testimony interpreting those tests or any other blood
tests | 22 |
| ordered pursuant to this Section. Reports of all the
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| independent tests, accompanied by affidavit or certification | 24 |
| pursuant to
Section 1-109 of the Code of Civil Procedure, and | 25 |
| notice of any expert
witnesses to be called to testify to the | 26 |
| results of those tests shall be
submitted to all parties at |
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LRB095 19282 DRJ 45916 b |
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| least 30 days before any hearing set to
determine the issue of | 2 |
| parentage.
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| (Source: P.A. 87-428; 87-435; 88-353; 88-687, eff. 1-24-95.)
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| (750 ILCS 45/14) (from Ch. 40, par. 2514)
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| Sec. 14. Judgment.
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| (a) (1) The judgment shall contain or explicitly reserve
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| provisions concerning any duty and amount of child support
and | 8 |
| may contain provisions concerning the custody and
guardianship | 9 |
| of the child, visitation privileges with the child, the
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| furnishing of bond or other security for the payment of the | 11 |
| judgment,
which the court shall determine in accordance with | 12 |
| the relevant factors
set forth in the Illinois Marriage and | 13 |
| Dissolution of Marriage
Act and any other applicable law of | 14 |
| Illinois,
to guide the court in a finding in the best interests | 15 |
| of the child.
In determining custody, joint custody, removal, | 16 |
| or visitation, the court
shall apply
the relevant standards of | 17 |
| the Illinois Marriage and Dissolution of Marriage
Act, | 18 |
| including Section 609. Specifically, in determining the amount | 19 |
| of any
child support award or child health insurance coverage, | 20 |
| the
court shall use the guidelines and standards set forth in | 21 |
| subsection (a) of
Section 505 and in Section 505.2 of the | 22 |
| Illinois Marriage and Dissolution of
Marriage Act. For purposes | 23 |
| of Section
505 of the Illinois Marriage and Dissolution of | 24 |
| Marriage Act,
"net income" of the non-custodial parent shall | 25 |
| include any benefits
available to that person under the |
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| Illinois Public Aid Code or from other
federal, State or local | 2 |
| government-funded programs. The court shall, in
any event and | 3 |
| regardless of the amount of the non-custodial parent's net
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| income, in its judgment order the non-custodial parent to pay | 5 |
| child support
to the custodial parent in a minimum amount of | 6 |
| not less than $10 per month, as long as such an order is | 7 |
| consistent with the requirements of Title IV, Part D of the | 8 |
| Social Security Act.
In an action brought within 2 years after | 9 |
| a child's birth, the judgment or
order may direct either parent | 10 |
| to pay the reasonable expenses incurred by
either parent | 11 |
| related to the mother's pregnancy and the delivery of the
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| child. The judgment or order shall contain the father's social | 13 |
| security number,
which the father shall disclose to the court; | 14 |
| however, failure to include the
father's social security number | 15 |
| on the judgment or order does not invalidate
the judgment or | 16 |
| order.
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| (2) If a judgment of parentage contains no explicit award | 18 |
| of custody,
the establishment of a support obligation or of | 19 |
| visitation rights in one
parent shall be considered a judgment | 20 |
| granting custody to the other parent.
If the parentage judgment | 21 |
| contains no such provisions, custody shall be
presumed to be | 22 |
| with the mother;
however, the presumption shall not apply if | 23 |
| the father has had
physical custody for at least 6
months prior | 24 |
| to the date that the mother seeks to enforce custodial rights.
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| (b) The court shall order all child support payments, | 26 |
| determined in
accordance with such guidelines, to commence with |
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| the date summons is
served. The level of current periodic | 2 |
| support payments shall not be
reduced because of payments set | 3 |
| for the period prior to the date of entry
of the support order. | 4 |
| The Court may order any child support payments to be
made for a
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| period prior to the commencement of the action.
In determining | 6 |
| whether and the extent to which the
payments shall be made for | 7 |
| any prior period, the court shall consider all
relevant facts, | 8 |
| including the factors for determining the amount of support
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| specified in the Illinois Marriage and Dissolution of Marriage
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| Act and other equitable factors
including but not limited to:
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| (1) The father's prior knowledge of the fact and | 12 |
| circumstances of the
child's birth.
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| (2) The father's prior willingness or refusal to help | 14 |
| raise or
support the child.
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| (3) The extent to which the mother or the public agency | 16 |
| bringing the
action previously informed the father of the | 17 |
| child's needs or attempted
to seek or require his help in | 18 |
| raising or supporting the child.
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| (4) The reasons the mother or the public agency did not | 20 |
| file the
action earlier.
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| (5) The extent to which the father would be prejudiced | 22 |
| by the delay in
bringing the action.
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| For purposes of determining the amount of child support to | 24 |
| be paid for any
period before the date the order for current | 25 |
| child support is entered, there is
a
rebuttable presumption | 26 |
| that the father's net income for the prior period was
the same |
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| as his net income at the time the order for current child | 2 |
| support is
entered.
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| If (i) the non-custodial parent was properly served with a | 4 |
| request for
discovery of
financial information relating to the | 5 |
| non-custodial parent's ability to provide
child support, (ii)
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| the non-custodial parent failed to comply with the request, | 7 |
| despite having been
ordered to
do so by the court, and (iii) | 8 |
| the non-custodial parent is not present at the
hearing to
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| determine support despite having received proper notice, then | 10 |
| any relevant
financial
information concerning the | 11 |
| non-custodial parent's ability to provide child
support
that | 12 |
| was
obtained pursuant to subpoena and proper notice shall be | 13 |
| admitted into evidence
without
the need to establish any | 14 |
| further foundation for its admission.
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| (c) Any new or existing support order entered by the court | 16 |
| under this
Section shall be deemed to be a series of judgments
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| against the person obligated to pay support thereunder, each | 18 |
| judgment
to be in the amount of each payment or installment of | 19 |
| support and each such
judgment to be deemed entered as of the | 20 |
| date the corresponding payment or
installment becomes due under | 21 |
| the terms of the support order. Each
judgment shall have the | 22 |
| full force, effect and attributes of any other
judgment of this | 23 |
| State, including the ability to be enforced.
A lien arises by | 24 |
| operation of law against the real and personal property of
the | 25 |
| noncustodial parent for each installment of overdue support | 26 |
| owed by the
noncustodial parent.
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| (d) If the judgment or order of the court is at variance | 2 |
| with the child's
birth certificate, the court shall order that | 3 |
| a new birth certificate be
issued under the Vital Records Act.
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| (e) On request of the mother and the father, the court | 5 |
| shall order a
change in the child's name. After hearing | 6 |
| evidence the court may stay
payment of support during the | 7 |
| period of the father's minority or period of
disability.
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| (e-5) The court may not enter a judgment of parentage | 9 |
| unless: | 10 |
| (1) the results of deoxyribonucleic acid (DNA) tests of | 11 |
| the mother, child, and alleged father have been admitted | 12 |
| into evidence; provided that if a party is in default, the | 13 |
| results of a DNA test need not be admitted into evidence; | 14 |
| or | 15 |
| (2) both the mother and the alleged father have signed | 16 |
| a waiver stating that (i) they have been informed of the | 17 |
| requirement of DNA testing under Section 11 of this
Act and | 18 |
| (ii) they expressly waive that requirement. | 19 |
| A waiver under paragraph (2) of this subsection shall be | 20 |
| signed under penalty of perjury and shall be filed with the | 21 |
| court. The Department of Healthcare and Family Services shall | 22 |
| prescribe the form of the waiver and shall distribute copies of | 23 |
| the waiver form to the circuit courts of the State. | 24 |
| (f) If, upon a showing of proper service, the father fails | 25 |
| to appear in
court, or
otherwise appear as provided by law, the | 26 |
| court may proceed to hear the
cause upon testimony of the |
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| mother or other parties taken in open court and
shall enter a | 2 |
| judgment by default. The court may reserve any order as to
the | 3 |
| amount of child support until the father has received notice, | 4 |
| by
regular mail, of a hearing on the matter.
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| (g) A one-time charge of 20% is imposable upon the amount | 6 |
| of past-due
child support owed on July 1, 1988 which has | 7 |
| accrued under a support order
entered by the court. The charge | 8 |
| shall be imposed in accordance with the
provisions of Section | 9 |
| 10-21 of the Illinois Public Aid Code and shall be
enforced by | 10 |
| the court upon petition.
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| (h) All orders for support, when entered or
modified, shall | 12 |
| include a provision requiring the non-custodial parent
to
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| notify the court and, in cases in which party is receiving | 14 |
| child
support enforcement services under Article X of the | 15 |
| Illinois Public Aid Code,
the
Department of Healthcare and | 16 |
| Family Services, within 7 days, (i) of the name and
address of | 17 |
| any new employer of the non-custodial parent, (ii) whether the
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| non-custodial
parent has access to health insurance coverage | 19 |
| through the employer or other
group coverage and, if so, the | 20 |
| policy name and number and the names of
persons
covered under | 21 |
| the policy, and (iii) of any new residential or mailing address
| 22 |
| or telephone
number of the non-custodial parent. In any | 23 |
| subsequent action to enforce a
support order, upon a sufficient | 24 |
| showing that a diligent effort has been made
to ascertain the | 25 |
| location of the non-custodial parent, service of process or
| 26 |
| provision of notice necessary in the case may be made at the |
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| last known
address of the non-custodial parent in any manner | 2 |
| expressly provided by the
Code of Civil Procedure or this Act, | 3 |
| which service shall be sufficient for
purposes of due process.
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| (i) 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 subsection shall be construed to | 15 |
| prevent the court
from modifying the order
or terminating the | 16 |
| order in the event the child is otherwise emancipated.
| 17 |
| (i-5) If there is an unpaid arrearage or delinquency (as | 18 |
| those terms are defined in the Income Withholding for Support | 19 |
| Act) equal to at least one month's support obligation on the | 20 |
| termination date stated in the order for support or, if there | 21 |
| is no termination date stated in the order, on the date the | 22 |
| child attains the age of majority or is otherwise emancipated, | 23 |
| the periodic amount required to be paid for current support of | 24 |
| that child immediately prior to that date shall automatically | 25 |
| continue to be an obligation, not as current support but as | 26 |
| periodic payment toward satisfaction of the unpaid arrearage or |
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| 1 |
| delinquency. That periodic payment shall be in addition to any | 2 |
| periodic payment previously required for satisfaction of the | 3 |
| arrearage or delinquency. The total periodic amount to be paid | 4 |
| toward satisfaction of the arrearage or delinquency may be | 5 |
| enforced and collected by any method provided by law for | 6 |
| enforcement and collection of child support, including but not | 7 |
| limited to income withholding under the Income Withholding for | 8 |
| Support Act. Each order for support entered or modified on or | 9 |
| after the effective date of this amendatory Act of the 93rd | 10 |
| General Assembly must contain a statement notifying the parties | 11 |
| of the requirements of this subsection. Failure to include the | 12 |
| statement in the order for support does not affect the validity | 13 |
| of the order or the operation of the provisions of this | 14 |
| subsection with regard to the order. This subsection shall not | 15 |
| be construed to prevent or affect the establishment or | 16 |
| modification of an order for support of a minor child or the | 17 |
| establishment or modification of an order for support of a | 18 |
| non-minor child or educational expenses under Section 513 of | 19 |
| the Illinois Marriage and Dissolution of Marriage Act.
| 20 |
| (j) An order entered under this Section shall include a | 21 |
| provision
requiring the obligor to report to the obligee and to | 22 |
| the clerk of court within
10 days each time the obligor obtains | 23 |
| new employment, and each time the
obligor's employment is | 24 |
| terminated for any reason.
The report shall be in writing and | 25 |
| shall, in the case of new employment,
include the name and | 26 |
| address of the new employer.
Failure to report new employment |
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| 1 |
| or
the termination of current employment, if coupled with | 2 |
| nonpayment of support
for a period in excess of 60 days, is | 3 |
| indirect criminal contempt. For
any obligor arrested for | 4 |
| failure to report new employment bond shall be set in
the | 5 |
| amount of the child support that should have been paid during | 6 |
| the period of
unreported employment. An order entered under | 7 |
| this Section shall also include
a provision requiring the | 8 |
| obligor and obligee parents to advise each other of a
change in | 9 |
| residence within 5 days of the change
except when the court | 10 |
| finds that the physical, mental, or emotional health
of a party | 11 |
| or that of a minor child, or both, would be seriously | 12 |
| endangered by
disclosure of the party's address.
| 13 |
| (Source: P.A. 94-923, eff. 1-1-07; 94-1061, eff. 1-1-07; | 14 |
| 95-331, eff. 8-21-07.)
| 15 |
| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.
|
|