(750 ILCS 5/505)
(from Ch. 40, par. 505)
Child support; contempt; penalties.
(a) In a proceeding for dissolution of marriage, legal separation,
declaration of invalidity of marriage, a proceeding for child support
following dissolution of the marriage by a court that lacked personal
jurisdiction over the absent spouse, a proceeding for modification of a
previous order for child support under Section 510 of this Act, or any
proceeding authorized under Section 501 or 601 of this Act, the court may
order either or both parents owing a duty of support to a child of the
marriage to pay an amount reasonable and necessary for the support of the child, without
regard to marital misconduct. The duty of support owed to a child
includes the obligation to provide for the reasonable and necessary
educational, physical, mental and emotional health needs of the child.
For purposes of this Section, the term "child" shall include any child under
age 18 and
any child under age 19 who is still attending high school.
(1) The Court shall determine the minimum amount of
support by using the following guidelines:
Number of Children
Percent of Supporting Party's
6 or more
(2) The above guidelines shall be applied in each
case unless the court finds that a deviation from the guidelines is appropriate after considering the best interest of the child in light of the evidence, including, but not limited to, one or more of the following relevant factors:
(a) the financial resources and needs of the
(b) the financial resources and needs of the
(c) the standard of living the child would have
enjoyed had the marriage not been dissolved;
(d) the physical, mental, and emotional needs of
(d-5) the educational needs of the child; and
(e) the financial resources and needs of the
If the court deviates from the guidelines, the
court's finding shall state the amount of support that would have been required under the guidelines, if determinable. The court shall include the reason or reasons for the variance from the guidelines.
(2.5) The court, in its discretion, in addition to
setting child support pursuant to the guidelines and factors, may order either or both parents owing a duty of support to a child of the marriage to contribute to the following expenses, if determined by the court to be reasonable:
(a) health needs not covered by insurance;
(b) child care;
(c) education; and
(d) extracurricular activities.
(3) "Net income" is defined as the total of all
income from all sources, minus the following deductions:
(a) Federal income tax (properly calculated
withholding or estimated payments);
(b) State income tax (properly calculated
withholding or estimated payments);
(c) Social Security (FICA payments);
(d) Mandatory retirement contributions required
by law or as a condition of employment;
(e) Union dues;
(f) Dependent and individual
health/hospitalization insurance premiums and premiums for life insurance ordered by the court to reasonably secure payment of ordered child support;
(g) Prior obligations of support or maintenance
actually paid pursuant to a court order;
(h) Expenditures for repayment of debts that
represent reasonable and necessary expenses for the production of income, medical expenditures necessary to preserve life or health, reasonable expenditures for the benefit of the child and the other parent, exclusive of gifts. The court shall reduce net income in determining the minimum amount of support to be ordered only for the period that such payments are due and shall enter an order containing provisions for its self-executing modification upon termination of such payment period;
(i) Foster care payments paid by the Department
of Children and Family Services for providing licensed foster care to a foster child.
(4) In cases where the court order provides for
health/hospitalization insurance coverage pursuant to Section 505.2 of this Act, the premiums for that insurance, or that portion of the premiums for which the supporting party is responsible in the case of insurance provided through an employer's health insurance plan where the employer pays a portion of the premiums, shall be subtracted from net income in determining the minimum amount of support to be ordered.
(4.5) In a proceeding for child support following
dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, and in which the court is requiring payment of support for the period before the date an order for current support is entered, there is a rebuttable presumption that the supporting party's net income for the prior period was the same as his or her net income at the time the order for current support is entered.
(5) If the net income cannot be determined because of
default or any other reason, the court shall order support in an amount considered reasonable in the particular case. The final order in all cases shall state the support level in dollar amounts. However, if the court finds that the child support amount cannot be expressed exclusively as a dollar amount because all or a portion of the payor's net income is uncertain as to source, time of payment, or amount, the court may order a percentage amount of support in addition to a specific dollar amount and enter such other orders as may be necessary to determine and enforce, on a timely basis, the applicable support ordered.
(6) If (i) the non-custodial parent was properly
served with a request for discovery of financial information relating to the non-custodial parent's ability to provide child support, (ii) the non-custodial parent failed to comply with the request, despite having been ordered to do so by the court, and (iii) the non-custodial parent is not present at the hearing to determine support despite having received proper notice, then any relevant financial information concerning the non-custodial parent's ability to provide child support that was obtained pursuant to subpoena and proper notice shall be admitted into evidence without the need to establish any further foundation for its admission.
(a-5) In an action to enforce an order for support based on the
to make support payments as required by the order, notice of proceedings to
hold the respondent in contempt for that failure may be served on the
respondent by personal service or by regular mail addressed to the respondent's
last known address. The respondent's last known address may be determined from
records of the clerk of the court, from the Federal Case Registry of Child
Support Orders, or by any other reasonable means.
(b) Failure of either parent to comply with an order to pay support shall
be punishable as in other cases of contempt. In addition to other
penalties provided by law the Court may, after finding the parent guilty
of contempt, order that the parent be:
(1) placed on probation with such conditions of
probation as the Court deems advisable;
(2) sentenced to periodic imprisonment for a period
not to exceed 6 months; provided, however, that the Court may permit the parent to be released for periods of time during the day or night to:
(A) work; or
(B) conduct a business or other self-employed
The Court may further order any part or all of the earnings of a parent
during a sentence of periodic imprisonment paid to the Clerk of the Circuit
Court or to the parent having custody or to the guardian having custody
of the children of the sentenced parent for the support of said
children until further order of the Court.
If a parent who is found guilty of contempt for failure to comply with an order to pay support is a person who conducts a business or who is self-employed, the court in addition to other penalties provided by law may order that the parent do one or more of the following: (i) provide to the court monthly financial statements showing income and expenses from the business or the self-employment; (ii) seek employment and report periodically to the court with a diary, listing, or other memorandum of his or her employment search efforts; or (iii) report to the Department of Employment Security for job search services to find employment that will be subject to withholding for child support.
If there is a unity of interest and ownership sufficient to render no
financial separation between a non-custodial parent and another person or
persons or business entity, the court may pierce the ownership veil of the
person, persons, or business entity to discover assets of the non-custodial
parent held in the name of that person, those persons, or that business entity.
The following circumstances are sufficient to authorize a court to order
discovery of the assets of a person, persons, or business entity and to compel
the application of any discovered assets toward payment on the judgment for
(1) the non-custodial parent and the person, persons,
or business entity maintain records together.
(2) the non-custodial parent and the person, persons,
or business entity fail to maintain an arm's length relationship between themselves with regard to any assets.
(3) the non-custodial parent transfers assets to the
person, persons, or business entity with the intent to perpetrate a fraud on the custodial parent.
With respect to assets which
are real property, no order entered under this paragraph shall affect the
rights of bona fide purchasers, mortgagees, judgment creditors, or other lien
holders who acquire their interests in the property prior to the time a notice
of lis pendens pursuant to the Code of Civil Procedure or a copy of the order
is placed of record in the office of the recorder of deeds for the county in
which the real property is located.
The court may also order in cases where the parent is 90 days or more
delinquent in payment of support or has been adjudicated in arrears in an
amount equal to 90 days obligation or more, that the parent's Illinois driving
privileges be suspended until the court
determines that the parent is in compliance with the order of support.
The court may also order that the parent be issued a family financial
responsibility driving permit that would allow limited driving privileges for
employment and medical purposes in accordance with Section 7-702.1 of the
Illinois Vehicle Code. The clerk of the circuit court shall certify the order
suspending the driving privileges of the parent or granting the issuance of a
family financial responsibility driving permit to the Secretary of State on
forms prescribed by the Secretary. Upon receipt of the authenticated
documents, the Secretary of State shall suspend the parent's driving privileges
until further order of the court and shall, if ordered by the court, subject to
the provisions of Section 7-702.1 of the Illinois Vehicle Code, issue a family
financial responsibility driving permit to the parent.
In addition to the penalties or punishment that may be imposed under this
Section, any person whose conduct constitutes a violation of Section 15 of the
Non-Support Punishment Act may be prosecuted under that Act, and a person
convicted under that Act may be sentenced in accordance with that Act. The
sentence may include but need not be limited to a requirement that the person
perform community service under Section 50 of that Act or participate in a work
alternative program under Section 50 of that Act. A person may not be required
to participate in a work alternative program under Section 50 of that Act if
the person is currently participating in a work program pursuant to Section
505.1 of this Act.
A support obligation, or any portion of a support obligation, which becomes
due and remains unpaid as of the end of each month, excluding the child support that was due for that month to the extent that it was not paid in that month, shall accrue simple interest as set forth in Section 12-109 of the Code of Civil Procedure.
An order for support entered or modified on or after January 1, 2006 shall
contain a statement that a support obligation required under the order, or any
portion of a support obligation required under the order, that becomes due and
remains unpaid as of the end of each month, excluding the child support that was due for that month to the extent that it was not paid in that month, shall accrue simple interest as set forth in Section 12-109 of the Code of Civil Procedure. Failure to include the statement in the order for support does
not affect the validity of the order or the accrual of interest as provided in
(c) A one-time charge of 20% is imposable upon the amount of
past-due child support owed on July 1, 1988 which has accrued under a
support order entered by the court. The charge shall be imposed in
accordance with the provisions of Section 10-21 of the Illinois Public Aid
Code and shall be enforced by the court upon petition.
(d) Any new or existing support order entered by the court
under this Section shall be deemed to be a series of judgments against the
person obligated to pay support thereunder, each such judgment to be in the
amount of each payment or installment of support and each such judgment to
be deemed entered as of the date the corresponding payment or installment
becomes due under the terms of the support order. Each such judgment shall
have the full force, effect and attributes of any other judgment of this
State, including the ability to be enforced.
Notwithstanding any other State or local law to the contrary, a lien arises by operation of law against the real and personal property of
the noncustodial parent for each installment of overdue support owed by the
(e) When child support is to be paid through the clerk of the court in a
county of 1,000,000 inhabitants or less, the order shall direct the obligor
to pay to the clerk, in addition to the child support payments, all fees
imposed by the county board under paragraph (3) of subsection (u) of
Section 27.1 of the Clerks of Courts Act. Unless paid in cash or pursuant to
an order for withholding, the payment of the fee shall be by a separate
instrument from the support payment and shall be made to the order of the
(f) All orders for support, when entered or
modified, shall include a provision requiring the obligor to notify
the court and, in cases in which a party is receiving child and spouse
services under Article X of the Illinois Public Aid Code, the
Department of Healthcare and Family Services, within 7 days, (i) of the name and address
of any new employer of the obligor, (ii) whether the obligor has access to
health insurance coverage through the employer or other group coverage and,
if so, the policy name and number and the names of persons covered under
the policy, and (iii) of any new residential or mailing address or telephone
number of the non-custodial parent. In any subsequent action to enforce a
support order, upon a sufficient showing that a diligent effort has been made
to ascertain the location of the non-custodial parent, service of process or
provision of notice necessary in the case may be made at the last known
address of the non-custodial parent in any manner expressly provided by the
Code of Civil Procedure or this Act, which service shall be sufficient for
purposes of due process.
(g) An order for support shall include a date on which the current
support obligation terminates. The termination date shall be no earlier than
the date on which the child covered by the order will attain the age of
18. However, if the child will not graduate from high school until after
attaining the age of 18, then the termination date shall be no earlier than the
earlier of the date on which the child's high school graduation will occur or
the date on which the child will attain the age of 19. The order for support
shall state that the termination date does not apply to any arrearage that may
remain unpaid on that date. Nothing in this subsection shall be construed to
prevent the court from modifying the order or terminating the order in the
event the child is otherwise emancipated.
(g-5) If there is an unpaid arrearage or delinquency (as those terms are defined in the Income Withholding for Support Act) equal to at least one month's support obligation on the termination date stated in the order for support or, if there is no termination date stated in the order, on the date the child attains the age of majority or is otherwise emancipated, the periodic amount required to be paid for current support of that child immediately prior to that date shall automatically continue to be an obligation, not as current support but as periodic payment toward satisfaction of the unpaid arrearage or delinquency. That periodic payment shall be in addition to any periodic payment previously required for satisfaction of the arrearage or delinquency. The total periodic amount to be paid toward satisfaction of the arrearage or delinquency may be enforced and collected by any method provided by law for enforcement and collection of child support, including but not limited to income withholding under the Income Withholding for Support Act. Each order for support entered or modified on or after the effective date of this amendatory Act of the 93rd General Assembly must contain a statement notifying the parties of the requirements of this subsection. Failure to include the statement in the order for support does not affect the validity of the order or the operation of the provisions of this subsection with regard to the order. This subsection shall not be construed to prevent or affect the establishment or modification of an order for support of a minor child or the establishment or modification of an order for support of a non-minor child or educational expenses under Section 513 of this Act.
(h) An order entered under this Section shall include a provision requiring
the obligor to report to the obligee and to the clerk of court within 10 days
each time the obligor obtains new employment, and each time the obligor's
employment is terminated for any reason. The report shall be in writing and
shall, in the case of new employment, include the name and address of the new
employer. Failure to report new employment or the termination of current
employment, if coupled with nonpayment of support for a period in excess of 60
days, is indirect criminal contempt. For any obligor arrested for failure to
report new employment bond shall be set in the amount of the child support that
should have been paid during the period of unreported employment. An order
entered under this Section shall also include a provision requiring the obligor
and obligee parents to advise each other of a change in residence within 5 days
of the change except when the court finds that the physical, mental, or
emotional health of a party or that of a child, or both, would be
seriously endangered by disclosure of the party's address.
(i) The court does not lose the powers of contempt, driver's license
suspension, or other child support enforcement mechanisms, including, but
not limited to, criminal prosecution as set forth in this Act, upon the
emancipation of the minor child or children.
(Source: P.A. 97-186, eff. 7-22-11; 97-608, eff. 1-1-12; 97-813, eff. 7-13-12; 97-878, eff. 8-2-12; 97-941, eff. 1-1-13; 97-1029, eff. 1-1-13; 98-463, eff. 8-16-13.)