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Full Text of SB2289  100th General Assembly

SB2289sam001 100TH GENERAL ASSEMBLY

Sen. Michael E. Hastings

Filed: 3/29/2018

 

 


 

 


 
10000SB2289sam001LRB100 15957 HEP 37742 a

1
AMENDMENT TO SENATE BILL 2289

2    AMENDMENT NO. ______. Amend Senate Bill 2289 by replacing
3line 1 of page 22 through line 9 of page 69 with the following:
 
4    "Section 10. The Illinois Marriage and Dissolution of
5Marriage Act is amended by changing Sections 504, 505, and 510
6as follows:
 
7    (750 ILCS 5/504)  (from Ch. 40, par. 504)
8    Sec. 504. Maintenance.
9    (a) Entitlement to maintenance. In a proceeding for
10dissolution of marriage, or legal separation, or declaration of
11invalidity of marriage, or dissolution of a civil union, or a
12proceeding for maintenance following a legal separation or
13dissolution of the marriage or civil union by a court which
14lacked personal jurisdiction over the absent spouse, a
15proceeding for modification of a previous order for maintenance
16under Section 510 of this Act, or any proceeding authorized

 

 

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1under Section 501 of this Act, the court may grant a
2maintenance award for either spouse in amounts and for periods
3of time as the court deems just, without regard to marital
4misconduct, and the maintenance may be paid from the income or
5property of the other spouse. The court shall first make a
6finding as to determine whether a maintenance award is
7appropriate, after consideration of all relevant factors,
8including:
9        (1) the income and property of each party, including
10    marital property apportioned and non-marital property
11    assigned to the party seeking maintenance as well as all
12    financial obligations imposed on the parties as a result of
13    the dissolution of marriage;
14        (2) the needs of each party;
15        (3) the realistic present and future earning capacity
16    of each party;
17        (4) any impairment of the present and future earning
18    capacity of the party seeking maintenance due to that party
19    devoting time to domestic duties or having forgone or
20    delayed education, training, employment, or career
21    opportunities due to the marriage;
22        (5) any impairment of the realistic present or future
23    earning capacity of the party against whom maintenance is
24    sought;
25        (6) the time necessary to enable the party seeking
26    maintenance to acquire appropriate education, training,

 

 

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1    and employment, and whether that party is able to support
2    himself or herself through appropriate employment; or
3        (6.1) the effect of any parental responsibility
4    arrangements and its effect on a party's ability to seek or
5    maintain the party seeking employment;
6        (7) the standard of living established during the
7    marriage;
8        (8) the duration of the marriage;
9        (9) the age, health, station, occupation, amount and
10    sources of income, vocational skills, employability,
11    estate, liabilities, and the needs of each of the parties;
12        (10) all sources of public and private income
13    including, without limitation, disability and retirement
14    income;
15        (11) the tax consequences to each party of the property
16    division upon the respective economic circumstances of the
17    parties;
18        (12) contributions and services by the party seeking
19    maintenance to the education, training, career or career
20    potential, or license of the other spouse;
21        (13) any valid agreement of the parties; and
22        (14) any other factor that the court expressly finds to
23    be just and equitable.
24    (b) (Blank).
25    (b-1) Amount and duration of maintenance. Unless the court
26finds that a maintenance award is appropriate, it shall bar

 

 

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1maintenance as to the party seeking maintenance regardless of
2the length of the marriage at the time the action was
3commenced. Only if If the court finds determines that a
4maintenance award is appropriate, the court shall order
5guideline maintenance in accordance with either paragraph (1)
6or non-guideline maintenance in accordance with paragraph (2)
7of this subsection (b-1). If the application of guideline
8maintenance results in a combined maintenance and child support
9obligation that exceeds 50% of the payor's net income, the
10court may determine non-guideline maintenance in accordance
11with paragraph (2) of this subsection (b-1), non-guideline
12child support in accordance with paragraph (3.4) of subsection
13(a) of Section 505, or both. :
14        (1) Maintenance award in accordance with guidelines.
15    If In situations when the combined gross annual income of
16    the parties is less than $500,000 and the payor has no
17    obligation to pay child support or maintenance or both from
18    a prior relationship, maintenance payable after the date
19    the parties' marriage is dissolved shall be in accordance
20    with subparagraphs (A) and (B) of this paragraph (1),
21    unless the court makes a finding that the application of
22    the guidelines would be inappropriate.
23            (A) The amount of maintenance under this paragraph
24        (1) shall be calculated by taking 33 1/3% of the
25        payor's net annual income minus 25% of the payee's net
26        annual income. The amount calculated as maintenance,

 

 

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1        however, when added to the net income of the payee,
2        shall not result in the payee receiving an amount that
3        is in excess of 40% of the combined net income of the
4        parties.
5            (A-1) Modification of maintenance orders entered
6        before January 1, 2019 that are and continue to be
7        eligible for inclusion in the gross income of the payee
8        for federal income tax purposes and deductible by the
9        payor shall be calculated by taking 30% of the payor's
10        gross annual income minus 20% of the payee's gross
11        annual income, unless both parties expressly provide
12        otherwise in the modification order. The amount
13        calculated as maintenance, however, when added to the
14        gross income of the payee, may not result in the payee
15        receiving an amount that is in excess of 40% of the
16        combined gross income of the parties. The amount of
17        maintenance under this paragraph (1) shall be
18        calculated by taking 30% of the payor's gross annual
19        income minus 20% of the payee's gross annual income.
20        The amount calculated as maintenance, however, when
21        added to the gross income of the payee, may not result
22        in the payee receiving an amount that is in excess of
23        40% of the combined gross income of the parties.
24            (B) The duration of an award under this paragraph
25        (1) shall be calculated by multiplying the length of
26        the marriage at the time the action was commenced by

 

 

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1        whichever of the following factors applies: less than 5
2        years (.20); 5 years or more but less than 6 years
3        (.24); 6 years or more but less than 7 years (.28); 7
4        years or more but less than 8 years (.32); 8 years or
5        more but less than 9 years (.36); 9 years or more but
6        less than 10 years (.40); 10 years or more but less
7        than 11 years (.44); 11 years or more but less than 12
8        years (.48); 12 years or more but less than 13 years
9        (.52); 13 years or more but less than 14 years (.56);
10        14 years or more but less than 15 years (.60); 15 years
11        or more but less than 16 years (.64); 16 years or more
12        but less than 17 years (.68); 17 years or more but less
13        than 18 years (.72); 18 years or more but less than 19
14        years (.76); 19 years or more but less than 20 years
15        (.80). For a marriage of 20 or more years, the court,
16        in its discretion, shall order maintenance for a period
17        equal to the length of the marriage or for an
18        indefinite term.
19        (1.5) In the discretion of the court, any term of
20    temporary maintenance paid by court order under pursuant to
21    Section 501 may be a corresponding credit to the duration
22    of maintenance set forth in subparagraph (b-1)(1)(B).
23        (2) Maintenance award not in accordance with
24    guidelines. Any non-guidelines award of maintenance shall
25    be made after the court's consideration of all relevant
26    factors set forth in subsection (a) of this Section.

 

 

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1    (b-2) Findings. In each case involving the issue of
2maintenance, the court shall make specific findings of fact, as
3follows:
4        (1) the court shall state its reasoning for awarding or
5    not awarding maintenance and shall include references to
6    each relevant factor set forth in subsection (a) of this
7    Section; and
8        (2) if the court deviates from otherwise applicable
9    guidelines under paragraph (1) of subsection (b-1), it
10    shall state in its findings the amount of maintenance (if
11    determinable) or duration that would have been required
12    under the guidelines and the reasoning for any variance
13    from the guidelines; and .
14        (3) the court shall state whether the maintenance is
15    fixed-term, indefinite, reviewable, or reserved by the
16    court.
17    (b-3) Gross income. For purposes of this Section, the term
18"gross income" means all income from all sources, within the
19scope of that phrase in Section 505 of this Act, except
20maintenance payments in the pending proceedings shall not be
21included.
22    (b-3.5) Net income. As used in this Section, "net income"
23has the meaning provided in Section 505 of this Act, except
24maintenance payments in the pending proceedings shall not be
25included.
26    (b-4) Modification of maintenance orders entered before

 

 

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1January 1, 2019. For any order for maintenance or unallocated
2maintenance and child support entered before January 1, 2019
3that is modified after December 31, 2018, payments thereunder
4shall continue to retain the same tax treatment for federal
5income tax purposes unless both parties expressly agree
6otherwise and the agreement is included in the modification
7order Unallocated maintenance. Unless the parties otherwise
8agree, the court may not order unallocated maintenance and
9child support in any dissolution judgment or in any
10post-dissolution order. In its discretion, the court may order
11unallocated maintenance and child support in any
12pre-dissolution temporary order.
13    (b-4.5) Maintenance designation Fixed-term maintenance in
14marriages of less than 10 years.
15        (1) Fixed-term maintenance. If a court grants
16    maintenance for a fixed term period under subsection (a) of
17    this Section at the conclusion of a case commenced before
18    the tenth anniversary of the marriage, the court shall may
19    also designate the termination of the period during which
20    this maintenance is to be paid. Maintenance is barred after
21    the end of the period during which fixed-term maintenance
22    is to be paid. as a "permanent termination". The effect of
23    this designation is that maintenance is barred after the
24    ending date of the period during which maintenance is to be
25    paid.
26        (2) Indefinite maintenance. If a court grants

 

 

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1    maintenance for an indefinite term, the court shall not
2    designate a termination date. Indefinite maintenance shall
3    continue until modification or termination under Section
4    510.
5        (3) Reviewable maintenance. If a court grants
6    maintenance for a specific term with a review, the court
7    shall designate the period of the specific term and state
8    that the maintenance is reviewable. Upon review, the court
9    shall make a finding in accordance with subdivision (b-8)
10    of this Section, unless the maintenance is modified or
11    terminated under Section 510.
12    (b-5) Interest on maintenance. Any maintenance obligation
13including any unallocated maintenance and child support
14obligation, or any portion of any support obligation, that
15becomes due and remains unpaid shall accrue simple interest as
16set forth in Section 505 of this Act.
17    (b-7) Maintenance judgments. Any new or existing
18maintenance order including any unallocated maintenance and
19child support order entered by the court under this Section
20shall be deemed to be a series of judgments against the person
21obligated to pay support thereunder. Each such judgment to be
22in the amount of each payment or installment of support and
23each such judgment to be deemed entered as of the date the
24corresponding payment or installment becomes due under the
25terms of the support order, except no judgment shall arise as
26to any installment coming due after the termination of

 

 

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1maintenance as provided by Section 510 of the Illinois Marriage
2and Dissolution of Marriage Act or the provisions of any order
3for maintenance. Each such judgment shall have the full force,
4effect and attributes of any other judgment of this State,
5including the ability to be enforced. Notwithstanding any other
6State or local law to the contrary, a lien arises by operation
7of law against the real and personal property of the obligor
8for each installment of overdue support owed by the obligor.
9    (b-8) Review of maintenance. Upon review of any previously
10ordered maintenance award, the court may extend maintenance for
11further review, extend maintenance for a fixed non-modifiable
12term, extend maintenance for an indefinite term, or permanently
13terminate maintenance in accordance with subdivision
14(b-1)(1)(A) of this Section.
15    (c) Maintenance during an appeal. The court may grant and
16enforce the payment of maintenance during the pendency of an
17appeal as the court shall deem reasonable and proper.
18    (d) Maintenance during imprisonment. No maintenance shall
19accrue during the period in which a party is imprisoned for
20failure to comply with the court's order for the payment of
21such maintenance.
22    (e) Fees when maintenance is paid through the clerk. When
23maintenance is to be paid through the clerk of the court in a
24county of 500,000 1,000,000 inhabitants or less, the order
25shall direct the obligor to pay to the clerk, in addition to
26the maintenance payments, all fees imposed by the county board

 

 

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1under paragraph (4) of subsection (bb) of Section 27.1a
2paragraph (3) of subsection (u) of Section 27.1 of the Clerks
3of Courts Act. When maintenance is to be paid through the clerk
4of the court in a county of more than 500,000 but less than
53,000,000 inhabitants, the order shall direct the obligor to
6pay to the clerk, in addition to the maintenance payments, all
7fees imposed by the county board under paragraph (4) of
8subsection (bb) of Section 27.2 of the Clerks of Courts Act.
9Unless paid in cash or pursuant to an order for withholding,
10the payment of the fee shall be by a separate instrument from
11the support payment and shall be made to the order of the
12Clerk.
13    (f) Maintenance secured by life insurance. An award ordered
14by a court upon entry of a dissolution judgment or upon entry
15of an award of maintenance following a reservation of
16maintenance in a dissolution judgment may be reasonably
17secured, in whole or in part, by life insurance on the payor's
18life on terms as to which the parties agree, or, if the parties
19they do not agree, on such terms determined by the court,
20subject to the following:
21        (1) With respect to existing life insurance, provided
22    the court is apprised through evidence, stipulation, or
23    otherwise as to level of death benefits, premium, and other
24    relevant data and makes findings relative thereto, the
25    court may allocate death benefits, the right to assign
26    death benefits, or the obligation for future premium

 

 

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1    payments between the parties as it deems just.
2        (2) To the extent the court determines that its award
3    should be secured, in whole or in part, by new life
4    insurance on the payor's life, the court may only order:
5            (i) that the payor cooperate on all appropriate
6        steps for the payee to obtain such new life insurance;
7        and
8            (ii) that the payee, at his or her sole option and
9        expense, may obtain such new life insurance on the
10        payor's life up to a maximum level of death benefit
11        coverage, or descending death benefit coverage, as is
12        set by the court, such level not to exceed a reasonable
13        amount in light of the court's award, with the payee or
14        the payee's designee being the beneficiary of such life
15        insurance.
16    In determining the maximum level of death benefit coverage,
17    the court shall take into account all relevant facts and
18    circumstances, including the impact on access to life
19    insurance by the maintenance payor. If in resolving any
20    issues under paragraph (2) of this subsection (f) a court
21    reviews any submitted or proposed application for new
22    insurance on the life of a maintenance payor, the review
23    shall be in camera.
24        (3) (Blank) A judgment shall expressly set forth that
25    all death benefits paid under life insurance on a payor's
26    life maintained or obtained pursuant to this subsection to

 

 

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1    secure maintenance are designated as excludable from the
2    gross income of the maintenance payee under Section
3    71(b)(1)(B) of the Internal Revenue Code, unless an
4    agreement or stipulation of the parties otherwise
5    provides.
6(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17; 100-520,
7eff. 1-1-18 (see Section 5 of P.A. 100-565 for the effective
8date of P.A. 100-520).)
 
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
12separation, declaration of invalidity of marriage, or
13dissolution of a civil union, a proceeding for child support
14following a legal separation or dissolution of the marriage or
15civil union by a court that lacked personal jurisdiction over
16the absent spouse, a proceeding for modification of a previous
17order for child support under Section 510 of this Act, or any
18proceeding authorized under Section 501 or 601 of this Act, the
19court may order either or both parents owing a duty of support
20to a child of the marriage or civil union to pay an amount
21reasonable and necessary for support. The duty of support owed
22to a child includes the obligation to provide for the
23reasonable and necessary physical, mental and emotional health
24needs of the child. For purposes of this Section, the term
25"child" shall include any child under age 18 and any child age

 

 

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119 or younger who is still attending high school. For purposes
2of this Section, the term "obligor" means the parent obligated
3to pay support to the other parent.
4        (1) Child support guidelines. The Illinois Department
5    of Healthcare and Family Services shall adopt rules
6    establishing child support guidelines which include
7    worksheets to aid in the calculation of the child support
8    obligations and a schedule of basic child support
9    obligations that reflects the percentage of combined net
10    income that parents living in the same household in this
11    State ordinarily spend on their child. The child support
12    guidelines have the following purposes:
13            (A) to establish as State policy an adequate
14        standard of support for a child, subject to the ability
15        of parents to pay;
16            (B) to make child support obligations more
17        equitable by ensuring more consistent treatment of
18        parents in similar circumstances;
19            (C) to improve the efficiency of the court process
20        by promoting settlements and giving courts and the
21        parties guidance in establishing levels of child
22        support;
23            (D) to calculate child support based upon the
24        parents' combined net income estimated to have been
25        allocated for the support of the child if the parents
26        and child were living in an intact household;

 

 

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1            (E) to adjust child support based upon the needs of
2        the child; and
3            (F) to allocate the amount of child support to be
4        paid by each parent based upon a parent's net income
5        and the child's physical care arrangements.
6        (1.5) Computation of basic child support obligation.
7    The court shall compute the basic child support obligation
8    by taking the following steps:
9            (A) determine each parent's monthly net income;
10            (B) add the parents' monthly net incomes together
11        to determine the combined monthly net income of the
12        parents;
13            (C) select the corresponding appropriate amount
14        from the schedule of basic child support obligations
15        based on the parties' combined monthly net income and
16        number of children of the parties; and
17            (D) calculate each parent's percentage share of
18        the basic child support obligation.
19        Although a monetary obligation is computed for each
20    parent as child support, the receiving parent's share is
21    not payable to the other parent and is presumed to be spent
22    directly on the child.
23        (2) Duty of support. The court shall determine child
24    support in each case by applying the child support
25    guidelines unless the court makes a finding that
26    application of the guidelines would be inappropriate,

 

 

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1    after considering the best interests of the child and
2    evidence which shows relevant factors including, but not
3    limited to, one or more of the following:
4            (A) the financial resources and needs of the child;
5            (B) the financial resources and needs of the
6        parents;
7            (C) the standard of living the child would have
8        enjoyed had the marriage or civil union not been
9        dissolved; and
10            (D) the physical and emotional condition of the
11        child and his or her educational needs.
12        (3) Income.
13            (A) As used in this Section, "gross income" means
14        the total of all income from all sources, except "gross
15        income" does not include (i) benefits received by the
16        parent from means-tested public assistance programs,
17        including, but not limited to, Temporary Assistance
18        for to Needy Families, Supplemental Security Income,
19        and the Supplemental Nutrition Assistance Program or
20        (ii) benefits and income received by the parent for
21        other children in the household, including, but not
22        limited to, child support, survivor benefits, and
23        foster care payments. Social security disability and
24        retirement benefits paid for the benefit of the subject
25        child must be included in the disabled or retired
26        parent's gross income for purposes of calculating the

 

 

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1        parent's child support obligation, but the parent is
2        entitled to a child support credit for the amount of
3        benefits paid to the other party for the child. "Gross
4        income" also includes spousal maintenance treated as
5        taxable income for federal income tax purposes to the
6        payee and received pursuant to a court order in the
7        pending proceedings or any other proceedings and shall
8        that must be included in the payee's recipient's gross
9        income for purposes of calculating the parent's child
10        support obligation.
11            (B) As used in this Section, "net income" means
12        gross income minus either the standardized tax amount
13        calculated pursuant to subparagraph (C) of this
14        paragraph (3) or the individualized tax amount
15        calculated pursuant to subparagraph (D) of this
16        paragraph (3), and minus any adjustments pursuant to
17        subparagraph (F) of this paragraph (3). The
18        standardized tax amount shall be used unless the
19        requirements for an individualized tax amount set
20        forth in subparagraph (E) of this paragraph (3) are
21        met. "Net income" includes maintenance not includable
22        in the gross taxable income of the payee for federal
23        income tax purposes under a court order in the pending
24        proceedings or any other proceedings and shall be
25        included in the payee's net income for purposes of
26        calculating the parent's child support obligation.

 

 

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1            (C) As used in this Section, "standardized tax
2        amount" means the total of federal and state income
3        taxes for a single person claiming the standard tax
4        deduction, one personal exemption, and the applicable
5        number of dependency exemptions for the minor child or
6        children of the parties, and Social Security and
7        Medicare tax calculated at the Federal Insurance
8        Contributions Act rate.
9                (I) Unless a court has determined otherwise or
10            the parties otherwise agree, the party with the
11            majority of parenting time shall be deemed
12            entitled to claim the dependency exemption for the
13            parties' minor child.
14                (II) The Illinois Department of Healthcare and
15            Family Services shall promulgate a standardized
16            net income conversion table that computes net
17            income by deducting the standardized tax amount
18            from gross income.
19            (D) As used in this Section, "individualized tax
20        amount" means the aggregate of the following taxes:
21                (I) federal income tax (properly calculated
22            withholding or estimated payments);
23                (II) State income tax (properly calculated
24            withholding or estimated payments); and
25                (III) Social Security or self-employment tax,
26            if applicable (or, if none, mandatory retirement

 

 

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1            contributions required by law or as a condition of
2            employment) and Medicare tax calculated at the
3            Federal Insurance Contributions Act rate.
4            (E) In lieu of a standardized tax amount, a
5        determination of an individualized tax amount may be
6        made under items (I), (II), or (III) below. If an
7        individualized tax amount determination is made under
8        this subparagraph (E), all relevant tax attributes
9        (including filing status, allocation of dependency
10        exemptions, and whether a party is to claim the use of
11        the standard deduction or itemized deductions for
12        federal income tax purposes) shall be as the parties
13        agree or as the court determines. To determine a
14        party's reported income, the court may order the party
15        to complete an Internal Revenue Service Form 4506-T,
16        Request for Tax Transcript.
17                (I) Agreement. Irrespective of whether the
18            parties agree on any other issue before the court,
19            if they jointly stipulate for the record their
20            concurrence on a computation method for the
21            individualized tax amount that is different from
22            the method set forth under subparagraph (D), the
23            stipulated method shall be used by the court unless
24            the court rejects the proposed stipulated method
25            for good cause.
26                (II) Summary hearing. If the court determines

 

 

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1            child support in a summary hearing under Section
2            501 and an eligible party opts in to the
3            individualized tax amount method under this item
4            (II), the individualized tax amount shall be
5            determined by the court on the basis of information
6            contained in one or both parties' Supreme Court
7            approved Financial Affidavit (Family & Divorce
8            Cases) and relevant supporting documents under
9            applicable court rules. No party, however, is
10            eligible to opt in unless the party, under
11            applicable court rules, has served the other party
12            with the required Supreme Court approved Financial
13            Affidavit (Family & Divorce Cases) and has
14            substantially produced supporting documents
15            required by the applicable court rules.
16                (III) Evidentiary hearing. If the court
17            determines child support in an evidentiary
18            hearing, whether for purposes of a temporary order
19            or at the conclusion of a proceeding, item (II) of
20            this subparagraph (E) does not apply. In each such
21            case (unless item (I) governs), the individualized
22            tax amount shall be as determined by the court on
23            the basis of the record established.
24            (F) Adjustments to income.
25                (I) Multi-family adjustment. If a parent is
26            also legally responsible for support of a child not

 

 

10000SB2289sam001- 21 -LRB100 15957 HEP 37742 a

1            shared with the other parent and not subject to the
2            present proceeding, there shall be an adjustment
3            to net income as follows:
4                    (i) Multi-family adjustment with court
5                order. The court shall deduct from the parent's
6                net income the amount of child support actually
7                paid by the parent pursuant to a support order
8                unless the court makes a finding that it would
9                cause economic hardship to the child.
10                    (ii) Multi-family adjustment without court
11                order. Upon the request or application of a
12                parent actually supporting a presumed,
13                acknowledged, or adjudicated child living in
14                or outside of that parent's household, there
15                shall be an adjustment to child support. The
16                court shall deduct from the parent's net income
17                the amount of financial support actually paid
18                by the parent for the child or 75% of the
19                support the parent should pay under the child
20                support guidelines (before this adjustment),
21                whichever is less, unless the court makes a
22                finding that it would cause economic hardship
23                to the child. The adjustment shall be
24                calculated using that parent's income alone.
25                (II) Spousal Maintenance adjustment.
26            Obligations pursuant to a court order for spousal

 

 

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1            maintenance in the pending proceeding actually
2            paid or payable to the same party to whom child
3            support is to be payable or actually paid to a
4            former spouse pursuant to a court order shall be
5            deducted from the parent's after-tax income,
6            unless the maintenance obligation is tax
7            deductible to the payor for federal income tax
8            purposes, in which case it shall be deducted from
9            the payor's gross income for purposes of
10            calculating the parent's child support obligation
11            gross income.
12        (3.1) Business income. For purposes of calculating
13    child support, net business income from the operation of a
14    business means gross receipts minus ordinary and necessary
15    expenses required to carry on the trade or business. As
16    used in this paragraph, "business" includes, but is not
17    limited to, sole proprietorships, closely held
18    corporations, partnerships, other flow-through business
19    entities, and self-employment. The court shall apply the
20    following:
21            (A) The accelerated component of depreciation and
22        any business expenses determined either judicially or
23        administratively to be inappropriate or excessive
24        shall be excluded from the total of ordinary and
25        necessary business expenses to be deducted in the
26        determination of net business income from gross

 

 

10000SB2289sam001- 23 -LRB100 15957 HEP 37742 a

1        business income.
2            (B) Any item of reimbursement or in-kind payment
3        received by a parent from a business, including, but
4        not limited to, a company car, reimbursed meals, free
5        housing, or a housing allowance, shall be counted as
6        income if not otherwise included in the recipient's
7        gross income, if the item is significant in amount and
8        reduces personal expenses.
9        (3.2) Unemployment or underemployment. If a parent is
10    voluntarily unemployed or underemployed, child support
11    shall be calculated based on a determination of potential
12    income. A determination of potential income shall be made
13    by determining employment potential and probable earnings
14    level based on the obligor's work history, occupational
15    qualifications, prevailing job opportunities, the
16    ownership by a parent of a substantial non-income producing
17    asset, and earnings levels in the community. If there is
18    insufficient work history to determine employment
19    potential and probable earnings level, there shall be a
20    rebuttable presumption that the parent's potential income
21    is 75% of the most recent United States Department of
22    Health and Human Services Federal Poverty Guidelines for a
23    family of one person.
24        (3.3) Rebuttable presumption in favor of guidelines.
25    There is a rebuttable presumption in any judicial or
26    administrative proceeding for child support that the

 

 

10000SB2289sam001- 24 -LRB100 15957 HEP 37742 a

1    amount of the child support obligation that would result
2    from the application of the child support guidelines is the
3    correct amount of child support.
4        (3.3a) Minimum child support obligation. There is a
5    rebuttable presumption that a minimum child support
6    obligation of $40 per month, per child, will be entered for
7    an obligor who has actual or imputed gross income at or
8    less than 75% of the most recent United States Department
9    of Health and Human Services Federal Poverty Guidelines for
10    a family of one person, with a maximum total child support
11    obligation for that obligor of $120 per month to be divided
12    equally among all of the obligor's children.
13        (3.3b) Zero dollar child support order. For parents
14    with no gross income, who receive only means-tested
15    assistance, or who cannot work due to a medically proven
16    disability, incarceration, or institutionalization, there
17    is a rebuttable presumption that the $40 per month minimum
18    support order is inapplicable and a zero dollar order shall
19    be entered.
20        (3.4) Deviation factors. In any action to establish or
21    modify child support, whether pursuant to a temporary or
22    final administrative or court order, the child support
23    guidelines shall be used as a rebuttable presumption for
24    the establishment or modification of the amount of child
25    support. The court may deviate from the child support
26    guidelines if the application would be inequitable,

 

 

10000SB2289sam001- 25 -LRB100 15957 HEP 37742 a

1    unjust, or inappropriate. Any deviation from the
2    guidelines shall be accompanied by written findings by the
3    court specifying the reasons for the deviation and the
4    presumed amount under the child support guidelines without
5    a deviation. These reasons may include:
6            (A) extraordinary medical expenditures necessary
7        to preserve the life or health of a party or a child of
8        either or both of the parties;
9            (B) additional expenses incurred for a child
10        subject to the child support order who has special
11        medical, physical, or developmental needs; and
12            (C) any other factor the court determines should be
13        applied upon a finding that the application of the
14        child support guidelines would be inappropriate, after
15        considering the best interest of the child.
16        (3.5) Income in excess of the schedule of basic child
17    support obligation. A court may use its discretion to
18    determine child support if the combined adjusted net income
19    of the parties exceeds the highest level of the schedule of
20    basic child support obligation, except that the basic child
21    support obligation shall not be less than the highest level
22    of combined net income set forth in the schedule of basic
23    child support obligation.
24        (3.6) Extracurricular activities and school expenses.
25    The court, in its discretion, in addition to the basic
26    child support obligation, may order either or both parents

 

 

10000SB2289sam001- 26 -LRB100 15957 HEP 37742 a

1    owing a duty of support to the child to contribute to the
2    reasonable school and extracurricular activity expenses
3    incurred which are intended to enhance the educational,
4    athletic, social, or cultural development of the child.
5        (3.7) Child care expenses. The court, in its
6    discretion, in addition to the basic child support
7    obligation, may order either or both parents owing a duty
8    of support to the child to contribute to the reasonable
9    child care expenses of the child. The child care expenses
10    shall be made payable directly to a party or directly to
11    the child care provider at the time of child care services.
12            (A) "Child care expenses" means actual expenses
13        reasonably necessary to enable a parent or non-parent
14        custodian to be employed, to attend educational or
15        vocational training programs to improve employment
16        opportunities, or to search for employment. "Child
17        care expenses" also includes deposits for securing
18        placement in a child care program, the cost of before
19        and after school care, and camps when school is not in
20        session. A child's special needs shall be a
21        consideration in determining reasonable child care
22        expenses.
23            (B) Child care expenses shall be prorated in
24        proportion to each parent's percentage share of
25        combined net income, and may be added to the basic
26        child support obligation if not paid directly by each

 

 

10000SB2289sam001- 27 -LRB100 15957 HEP 37742 a

1        parent to the provider of child care services. The
2        obligor's and obligee's portion of actual child care
3        expenses shall appear in the support order. If allowed,
4        the value of the federal income tax credit for child
5        care shall be subtracted from the actual cost to
6        determine the net child care costs.
7            (C) The amount of child care expenses shall be
8        adequate to obtain reasonable and necessary child
9        care. The actual child care expenses shall be used to
10        calculate the child care expenses, if available. When
11        actual child care expenses vary, the actual child care
12        expenses may be averaged over the most recent 12-month
13        period. When a parent is temporarily unemployed or
14        temporarily not attending educational or vocational
15        training programs, future child care expenses shall be
16        based upon prospective expenses to be incurred upon
17        return to employment or educational or vocational
18        training programs.
19            (D) An order for child care expenses may be
20        modified upon a showing of a substantial change in
21        circumstances. The party incurring child care expenses
22        shall notify the other party within 14 days of any
23        change in the amount of child care expenses that would
24        affect the annualized child care amount as determined
25        in the support order.
26        (3.8) Shared physical care. If each parent exercises

 

 

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1    146 or more overnights per year with the child, the basic
2    child support obligation is multiplied by 1.5 to calculate
3    the shared care child support obligation. The court shall
4    determine each parent's share of the shared care child
5    support obligation based on the parent's percentage share
6    of combined net income. The child support obligation is
7    then computed for each parent by multiplying that parent's
8    portion of the shared care support obligation by the
9    percentage of time the child spends with the other parent.
10    The respective child support obligations are then offset,
11    with the parent owing more child support paying the
12    difference between the child support amounts. The Illinois
13    Department of Healthcare and Family Services shall
14    promulgate a worksheet to calculate child support in cases
15    in which the parents have shared physical care and use the
16    standardized tax amount to determine net income.
17        (3.9) Split physical care. When there is more than one
18    child and each parent has physical care of at least one but
19    not all of the children, the support is calculated by using
20    2 child support worksheets to determine the support each
21    parent owes the other. The support shall be calculated as
22    follows:
23            (A) compute the support the first parent would owe
24        to other parent as if the child in his or her care was
25        the only child of the parties; then
26            (B) compute the support the other parent would owe

 

 

10000SB2289sam001- 29 -LRB100 15957 HEP 37742 a

1        to the first parent as if the child in his or her care
2        were the only child of the parties; then
3            (C) subtract the lesser support obligation from
4        the greater.
5        The parent who owes the greater obligation shall be
6    ordered to pay the difference in support to the other
7    parent, unless the court determines, pursuant to other
8    provisions of this Section, that it should deviate from the
9    guidelines.
10        (4) Health care.
11            (A) A portion of the basic child support obligation
12        is intended to cover basic ordinary out-of-pocket
13        medical expenses. The court, in its discretion, in
14        addition to the basic child support obligation, shall
15        also provide for the child's current and future medical
16        needs by ordering either or both parents to initiate
17        health insurance coverage for the child through
18        currently effective health insurance policies held by
19        the parent or parents, purchase one or more or all
20        health, dental, or vision insurance policies for the
21        child, or provide for the child's current and future
22        medical needs through some other manner.
23            (B) The court, in its discretion, may order either
24        or both parents to contribute to the reasonable health
25        care needs of the child not covered by insurance,
26        including, but not limited to, unreimbursed medical,

 

 

10000SB2289sam001- 30 -LRB100 15957 HEP 37742 a

1        dental, orthodontic, or vision expenses and any
2        prescription medication for the child not covered
3        under the child's health insurance.
4            (C) If neither parent has access to appropriate
5        private health insurance coverage, the court may
6        order:
7                (I) one or both parents to provide health
8            insurance coverage at any time it becomes
9            available at a reasonable cost; or
10                (II) the parent or non-parent custodian with
11            primary physical responsibility for the child to
12            apply for public health insurance coverage for the
13            child and require either or both parents to pay a
14            reasonable amount of the cost of health insurance
15            for the child.
16            The order may also provide that any time private
17        health insurance coverage is available at a reasonable
18        cost to that party it will be provided instead of cash
19        medical support. As used in this Section, "cash medical
20        support" means an amount ordered to be paid toward the
21        cost of health insurance provided by a public entity or
22        by another person through employment or otherwise or
23        for other medical costs not covered by insurance.
24            (D) The amount to be added to the basic child
25        support obligation shall be the actual amount of the
26        total health insurance premium that is attributable to

 

 

10000SB2289sam001- 31 -LRB100 15957 HEP 37742 a

1        the child who is the subject of the order. If this
2        amount is not available or cannot be verified, the
3        total cost of the health insurance premium shall be
4        divided by the total number of persons covered by the
5        policy. The cost per person derived from this
6        calculation shall be multiplied by the number of
7        children who are the subject of the order and who are
8        covered under the health insurance policy. This amount
9        shall be added to the basic child support obligation
10        and shall be allocated between the parents in
11        proportion to their respective net incomes.
12            (E) After the health insurance premium for the
13        child is added to the basic child support obligation
14        and allocated between the parents in proportion to
15        their respective incomes for child support purposes,
16        if the obligor is paying the premium, the amount
17        calculated for the obligee's share of the health
18        insurance premium for the child shall be deducted from
19        the obligor's share of the total child support
20        obligation. If the obligee is paying for private health
21        insurance for the child, the child support obligation
22        shall be increased by the obligor's share of the
23        premium payment. The obligor's and obligee's portion
24        of health insurance costs shall appear in the support
25        order.
26            (F) Prior to allowing the health insurance

 

 

10000SB2289sam001- 32 -LRB100 15957 HEP 37742 a

1        adjustment, the parent requesting the adjustment must
2        submit proof that the child has been enrolled in a
3        health insurance plan and must submit proof of the cost
4        of the premium. The court shall require the parent
5        receiving the adjustment to annually submit proof of
6        continued coverage of the child to the other parent, or
7        as designated by the court.
8            (G) A reasonable cost for providing health
9        insurance coverage for the child may not exceed 5% of
10        the providing parent's gross income. Parents with a net
11        income below 133% of the most recent United States
12        Department of Health and Human Services Federal
13        Poverty Guidelines or whose child is covered by
14        Medicaid based on that parent's income may not be
15        ordered to contribute toward or provide private
16        coverage, unless private coverage is obtainable
17        without any financial contribution by that parent.
18            (H) If dental or vision insurance is included as
19        part of the employer's medical plan, the coverage shall
20        be maintained for the child. If not included in the
21        employer's medical plan, adding the dental or vision
22        insurance for the child is at the discretion of the
23        court.
24            (I) If a parent has been directed to provide health
25        insurance pursuant to this paragraph and that parent's
26        spouse or legally recognized partner provides the

 

 

10000SB2289sam001- 33 -LRB100 15957 HEP 37742 a

1        insurance for the benefit of the child either directly
2        or through employment, a credit on the child support
3        worksheet shall be given to that parent in the same
4        manner as if the premium were paid by that parent.
5        (4.5) In a proceeding for child support following
6    dissolution of the marriage or civil union by a court that
7    lacked personal jurisdiction over the absent spouse, and in
8    which the court is requiring payment of support for the
9    period before the date an order for current support is
10    entered, there is a rebuttable presumption that the
11    obligor's net income for the prior period was the same as
12    his or her net income at the time the order for current
13    support is entered.
14        (5) If the net income cannot be determined because of
15    default or any other reason, the court shall order support
16    in an amount considered reasonable in the particular case.
17    The final order in all cases shall state the support level
18    in dollar amounts. However, if the court finds that the
19    child support amount cannot be expressed exclusively as a
20    dollar amount because all or a portion of the obligor's net
21    income is uncertain as to source, time of payment, or
22    amount, the court may order a percentage amount of support
23    in addition to a specific dollar amount and enter such
24    other orders as may be necessary to determine and enforce,
25    on a timely basis, the applicable support ordered.
26        (6) If (i) the obligor was properly served with a

 

 

10000SB2289sam001- 34 -LRB100 15957 HEP 37742 a

1    request for discovery of financial information relating to
2    the obligor's ability to provide child support, (ii) the
3    obligor failed to comply with the request, despite having
4    been ordered to do so by the court, and (iii) the obligor
5    is not present at the hearing to determine support despite
6    having received proper notice, then any relevant financial
7    information concerning the obligor's ability to provide
8    child support that was obtained pursuant to subpoena and
9    proper notice shall be admitted into evidence without the
10    need to establish any further foundation for its admission.
11    (a-5) In an action to enforce an order for child support
12based on the obligor's failure to make support payments as
13required by the order, notice of proceedings to hold the
14obligor in contempt for that failure may be served on the
15obligor by personal service or by regular mail addressed to the
16last known address of the obligor. The last known address of
17the obligor may be determined from records of the clerk of the
18court, from the Federal Case Registry of Child Support Orders,
19or by any other reasonable means.
20    (b) Failure of either parent to comply with an order to pay
21support shall be punishable as in other cases of contempt. In
22addition to other penalties provided by law the court may,
23after finding the parent guilty of contempt, order that the
24parent be:
25        (1) placed on probation with such conditions of
26    probation as the court deems advisable;

 

 

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1        (2) sentenced to periodic imprisonment for a period not
2    to exceed 6 months; provided, however, that the court may
3    permit the parent to be released for periods of time during
4    the day or night to:
5            (A) work; or
6            (B) conduct a business or other self-employed
7        occupation.
8    The court may further order any part or all of the earnings
9of a parent during a sentence of periodic imprisonment paid to
10the Clerk of the Circuit Court or to the parent having physical
11possession of the child or to the non-parent custodian having
12custody of the child of the sentenced parent for the support of
13the child until further order of the court.
14    If a parent who is found guilty of contempt for failure to
15comply with an order to pay support is a person who conducts a
16business or who is self-employed, the court in addition to
17other penalties provided by law may order that the parent do
18one or more of the following: (i) provide to the court monthly
19financial statements showing income and expenses from the
20business or the self-employment; (ii) seek employment and
21report periodically to the court with a diary, listing, or
22other memorandum of his or her employment search efforts; or
23(iii) report to the Department of Employment Security for job
24search services to find employment that will be subject to
25withholding for child support.
26    If there is a unity of interest and ownership sufficient to

 

 

10000SB2289sam001- 36 -LRB100 15957 HEP 37742 a

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

 

 

10000SB2289sam001- 37 -LRB100 15957 HEP 37742 a

1days or more delinquent in payment of support or has been
2adjudicated in arrears in an amount equal to 90 days obligation
3or more, that the parent's Illinois driving privileges be
4suspended until the court determines that the parent is in
5compliance with the order of support. The court may also order
6that the parent be issued a family financial responsibility
7driving permit that would allow limited driving privileges for
8employment and medical purposes in accordance with Section
97-702.1 of the Illinois Vehicle Code. The Clerk of the Circuit
10Court shall certify the order suspending the driving privileges
11of the parent or granting the issuance of a family financial
12responsibility driving permit to the Secretary of State on
13forms prescribed by the Secretary of State. Upon receipt of the
14authenticated documents, the Secretary of State shall suspend
15the parent's driving privileges until further order of the
16court and shall, if ordered by the court, subject to the
17provisions of Section 7-702.1 of the Illinois Vehicle Code,
18issue a family financial responsibility driving permit to the
19parent.
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

 

 

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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 505.1 of this Act.
6    A support obligation, or any portion of a support
7obligation, which becomes due and remains unpaid as of the end
8of each month, excluding the child support that was due for
9that month to the extent that it was not paid in that month,
10shall accrue simple interest as set forth in Section 12-109 of
11the Code of Civil Procedure. An order for support entered or
12modified on or after January 1, 2006 shall contain a statement
13that a support obligation required under the order, or any
14portion of a support obligation required under the order, that
15becomes due and remains unpaid as of the end of each month,
16excluding the child support that was due for that month to the
17extent that it was not paid in that month, shall accrue simple
18interest as set forth in Section 12-109 of the Code of Civil
19Procedure. Failure to include the statement in the order for
20support does not affect the validity of the order or the
21accrual of interest as provided in this Section.
22    (c) A one-time charge of 20% is imposable upon the amount
23of past-due child support owed on July 1, 1988 which has
24accrued under a support order entered by the court. The charge
25shall be imposed in accordance with the provisions of Section
2610-21 of the Illinois Public Aid Code and shall be enforced by

 

 

10000SB2289sam001- 39 -LRB100 15957 HEP 37742 a

1the court upon petition.
2    (d) Any new or existing support order entered by the court
3under this Section shall be deemed to be a series of judgments
4against the person obligated to pay support thereunder, each
5such judgment to be in the amount of each payment or
6installment of support and each such judgment to be deemed
7entered as of the date the corresponding payment or installment
8becomes due under the terms of the support order. Each such
9judgment shall have the full force, effect and attributes of
10any other judgment of this State, including the ability to be
11enforced. Notwithstanding any other State or local law to the
12contrary, a lien arises by operation of law against the real
13and personal property of the obligor for each installment of
14overdue support owed by the obligor.
15    (e) When child support is to be paid through the Clerk of
16the Court in a county of 500,000 1,000,000 inhabitants or less,
17the order shall direct the obligor to pay to the Clerk, in
18addition to the child support payments, all fees imposed by the
19county board under paragraph (4) of subsection (bb) of Section
2027.1a paragraph (3) of subsection (u) of Section 27.1 of the
21Clerks of Courts Act. When child support is to be paid through
22the clerk of the court in a county of more than 500,000 but
23less than 3,000,000 inhabitants, the order shall direct the
24obligor to pay to the clerk, in addition to the child support
25payments, all fees imposed by the county board under paragraph
26(4) of subsection (bb) of Section 27.2 of the Clerks of Courts

 

 

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1Act. Unless paid pursuant to an Income Withholding Order/Notice
2for Support, the payment of the fee shall be by payment
3acceptable to the clerk and shall be made to the order of the
4Clerk.
5    (f) All orders for support, when entered or modified, shall
6include a provision requiring the obligor to notify the court
7and, in cases in which a party is receiving child and spouse
8services under Article X of the Illinois Public Aid Code, the
9Department of Healthcare and Family Services, within 7 days,
10(i) of the name and address of any new employer of the obligor,
11(ii) whether the obligor has access to health insurance
12coverage through the employer or other group coverage and, if
13so, the policy name and number and the names of persons covered
14under the policy, except only the initials of any covered
15minors shall be included, and (iii) of any new residential or
16mailing address or telephone number of the obligor. In any
17subsequent action to enforce a support order, upon a sufficient
18showing that a diligent effort has been made to ascertain the
19location of the obligor, service of process or provision of
20notice necessary in the case may be made at the last known
21address of the obligor in any manner expressly provided by the
22Code of Civil Procedure or this Act, which service shall be
23sufficient for purposes of due process.
24    (g) An order for support shall include a date on which the
25current support obligation terminates. The termination date
26shall be no earlier than the date on which the child covered by

 

 

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1the order will attain the age of 18. However, if the child will
2not graduate from high school until after attaining the age of
318, then the termination date shall be no earlier than the
4earlier of the date on which the child's high school graduation
5will occur or the date on which the child will attain the age
6of 19. The order for support shall state that the termination
7date does not apply to any arrearage that may remain unpaid on
8that date. Nothing in this subsection shall be construed to
9prevent the court from modifying the order or terminating the
10order in the event the child is otherwise emancipated.
11    (g-5) If there is an unpaid arrearage or delinquency (as
12those terms are defined in the Income Withholding for Support
13Act) equal to at least one month's support obligation on the
14termination date stated in the order for support or, if there
15is no termination date stated in the order, on the date the
16child attains the age of majority or is otherwise emancipated,
17the periodic amount required to be paid for current support of
18that child immediately prior to that date shall automatically
19continue to be an obligation, not as current support but as
20periodic payment toward satisfaction of the unpaid arrearage or
21delinquency. That periodic payment shall be in addition to any
22periodic payment previously required for satisfaction of the
23arrearage or delinquency. The total periodic amount to be paid
24toward satisfaction of the arrearage or delinquency may be
25enforced and collected by any method provided by law for
26enforcement and collection of child support, including but not

 

 

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1limited to income withholding under the Income Withholding for
2Support Act. Each order for support entered or modified on or
3after January 1, 2005 (the effective date of Public Act
493-1061) this amendatory Act of the 93rd General Assembly must
5contain a statement notifying the parties of the requirements
6of this subsection. Failure to include the statement in the
7order for support does not affect the validity of the order or
8the operation of the provisions of this subsection with regard
9to the order. This subsection shall not be construed to prevent
10or affect the establishment or modification of an order for
11support of a minor child or the establishment or modification
12of an order for support of a non-minor child or educational
13expenses under Section 513 of this Act.
14    (h) An order entered under this Section shall include a
15provision requiring either parent to report to the other parent
16and to the Clerk of Court within 10 days each time either
17parent obtains new employment, and each time either parent's
18employment is terminated for any reason. The report shall be in
19writing and shall, in the case of new employment, include the
20name and address of the new employer. Failure to report new
21employment or the termination of current employment, if coupled
22with nonpayment of support for a period in excess of 60 days,
23is indirect criminal contempt. For either parent arrested for
24failure to report new employment bond shall be set in the
25amount of the child support that should have been paid during
26the period of unreported employment. An order entered under

 

 

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1this Section shall also include a provision requiring either
2obligor and obligee to advise the other of a change in
3residence within 5 days of the change except when the court
4finds that the physical, mental, or emotional health of a party
5or that of a child, or both, would be seriously endangered by
6disclosure of the party's address.
7    (i) The court does not lose the powers of contempt,
8driver's license suspension, or other child support
9enforcement mechanisms, including, but not limited to,
10criminal prosecution as set forth in this Act, upon the
11emancipation of the minor child.
12(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17; 99-764,
13eff. 7-1-17; 100-15, eff. 7-1-17; revised 10-6-17.)
 
14    (750 ILCS 5/510)  (from Ch. 40, par. 510)
15    Sec. 510. Modification and termination of provisions for
16maintenance, support, educational expenses, and property
17disposition.
18    (a) Except as otherwise provided in paragraph (f) of
19Section 502 and in subsection (b), clause (3) of Section 505.2,
20the provisions of any judgment respecting maintenance or
21support may be modified only as to installments accruing
22subsequent to due notice by the moving party of the filing of
23the motion for modification. An order for child support may be
24modified as follows:
25        (1) upon a showing of a substantial change in

 

 

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1    circumstances; and
2        (2) without the necessity of showing a substantial
3    change in circumstances, as follows:
4            (A) upon a showing of an inconsistency of at least
5        20%, but no less than $10 per month, between the amount
6        of the existing order and the amount of child support
7        that results from application of the guidelines
8        specified in Section 505 of this Act unless the
9        inconsistency is due to the fact that the amount of the
10        existing order resulted from a deviation from the
11        guideline amount and there has not been a change in the
12        circumstances that resulted in that deviation; or
13            (B) upon a showing of a need to provide for the
14        health care needs of the child under the order through
15        health insurance or other means. In no event shall the
16        eligibility for or receipt of medical assistance be
17        considered to meet the need to provide for the child's
18        health care needs.
19    The provisions of subparagraph (a)(2)(A) shall apply only
20in cases in which a party is receiving child support
21enforcement services from the Department of Healthcare and
22Family Services under Article X of the Illinois Public Aid
23Code, and only when at least 36 months have elapsed since the
24order for child support was entered or last modified.
25    The court may grant a petition for modification that seeks
26to apply the changes made to subsection (a) of Section 505 by

 

 

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1Public Act 99-764 to an order entered before the effective date
2of Public Act 99-764 only upon a finding of a substantial
3change in circumstances that warrants application of the
4changes. The enactment of Public Act 99-764 itself does not
5constitute a substantial change in circumstances warranting a
6modification.
7    (a-5) An order for maintenance may be modified or
8terminated only upon a showing of a substantial change in
9circumstances. The court may grant a petition for modification
10that seeks to apply the changes made to Section 504 by this
11amendatory Act of the 100th General Assembly to an order
12entered before the effective date of this amendatory Act of the
13100th General Assembly only upon a finding of a substantial
14change in circumstances that warrants application of the
15changes. The enactment of this amendatory Act of the 100th
16General Assembly itself does not constitute a substantial
17change in circumstances warranting a modification. In all such
18proceedings, as well as in proceedings in which maintenance is
19being reviewed, the court shall consider the applicable factors
20set forth in subsection (a) of Section 504 and the following
21factors:
22        (1) any change in the employment status of either party
23    and whether the change has been made in good faith;
24        (2) the efforts, if any, made by the party receiving
25    maintenance to become self-supporting, and the
26    reasonableness of the efforts where they are appropriate;

 

 

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1        (3) any impairment of the present and future earning
2    capacity of either party;
3        (4) the tax consequences of the maintenance payments
4    upon the respective economic circumstances of the parties;
5        (5) the duration of the maintenance payments
6    previously paid (and remaining to be paid) relative to the
7    length of the marriage;
8        (6) the property, including retirement benefits,
9    awarded to each party under the judgment of dissolution of
10    marriage, judgment of legal separation, or judgment of
11    declaration of invalidity of marriage and the present
12    status of the property;
13        (7) the increase or decrease in each party's income
14    since the prior judgment or order from which a review,
15    modification, or termination is being sought;
16        (8) the property acquired and currently owned by each
17    party after the entry of the judgment of dissolution of
18    marriage, judgment of legal separation, or judgment of
19    declaration of invalidity of marriage; and
20        (9) any other factor that the court expressly finds to
21    be just and equitable.
22    (a-6) (Blank) In a review under subsection (b-4.5) of
23Section 504 of this Act, the court may enter a fixed-term
24maintenance award that bars future maintenance only if, at the
25time of the entry of the award, the marriage had lasted 10
26years or less at the time the original action was commenced.

 

 

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1    (b) The provisions as to property disposition may not be
2revoked or modified, unless the court finds the existence of
3conditions that justify the reopening of a judgment under the
4laws of this State.
5    (c) Unless otherwise agreed by the parties in a written
6agreement set forth in the judgment or otherwise approved by
7the court, the obligation to pay future maintenance is
8terminated upon the death of either party, or the remarriage of
9the party receiving maintenance, or if the party receiving
10maintenance cohabits with another person on a resident,
11continuing conjugal basis. An obligor's obligation to pay
12maintenance or unallocated maintenance terminates by operation
13of law on the date the obligee remarries or the date the court
14finds cohabitation began. The obligor is entitled to
15reimbursement for all maintenance paid from that date forward.
16Any termination of an obligation for maintenance as a result of
17the death of the obligor, however, shall be inapplicable to any
18right of the other party or such other party's designee to
19receive a death benefit under such insurance on the obligor's
20life. An obligee must advise the obligor of his or her
21intention to marry at least 30 days before the remarriage,
22unless the decision is made within this time period. In that
23event, he or she must notify the obligor within 72 hours of
24getting married.
25    (c-5) In an adjudicated case, the court shall make specific
26factual findings as to the reason for the modification as well

 

 

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1as the amount, nature, and duration of the modified maintenance
2award.
3    (d) Unless otherwise provided in this Act, or as agreed in
4writing or expressly provided in the judgment, provisions for
5the support of a child are terminated by emancipation of the
6child, or if the child has attained the age of 18 and is still
7attending high school, provisions for the support of the child
8are terminated upon the date that the child graduates from high
9school or the date the child attains the age of 19, whichever
10is earlier, but not by the death of a parent obligated to
11support or educate the child. An existing obligation to pay for
12support or educational expenses, or both, is not terminated by
13the death of a parent. When a parent obligated to pay support
14or educational expenses, or both, dies, the amount of support
15or educational expenses, or both, may be enforced, modified,
16revoked or commuted to a lump sum payment, as equity may
17require, and that determination may be provided for at the time
18of the dissolution of the marriage or thereafter.
19    (e) The right to petition for support or educational
20expenses, or both, under Sections 505, 513, and 513.5 is not
21extinguished by the death of a parent. Upon a petition filed
22before or after a parent's death, the court may award sums of
23money out of the decedent's estate for the child's support or
24educational expenses, or both, as equity may require. The time
25within which a claim may be filed against the estate of a
26decedent under Sections 505 and 513 and subsection (d) and this

 

 

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1subsection shall be governed by the provisions of the Probate
2Act of 1975, as a barrable, noncontingent claim.
3    (f) A petition to modify or terminate child support or the
4allocation of parental responsibilities, including parenting
5time, shall not delay any child support enforcement litigation
6or supplementary proceeding on behalf of the obligee,
7including, but not limited to, a petition for a rule to show
8cause, for non-wage garnishment, or for a restraining order.
9(Source: P.A. 99-90, eff. 1-1-16; 99-764, eff. 7-1-17; 100-15,
10eff. 7-1-17; 100-201, eff. 8-18-17.)"; and
 
11on page 93, by inserting immediately below line 13 the
12following:
 
13    "Section 99. Effective date. This Act takes effect January
141, 2019.".