(750 ILCS 45/13.1)
Temporary order for child support.
Notwithstanding any other
law to the contrary, pending the outcome of a
judicial determination of parentage, the court shall issue a temporary order
for child support, upon motion by a party and a showing of clear and convincing
evidence of paternity. In determining the amount of the temporary child
support award, the court shall use the guidelines and standards set forth in
subsection (a) of Section 505 and in Section 505.2 of the Illinois Marriage and
Dissolution of Marriage Act.
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
thereunder, each such judgment to be in the amount of each payment or
installment of support and each 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. Any such judgment is subject to modification or
termination only in accordance with Section 510 of the Illinois Marriage and
Dissolution of Marriage Act.
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 noncustodial parent.
All orders for support, when entered or modified, shall include a provision
requiring the non-custodial parent to notify the court, and in cases in which a
party is receiving child support enforcement services under
Article X of the
Illinois Public Aid Code, the Department of Healthcare and Family Services, within 7 days,
(i) of the
name, address, and telephone number of any new employer of the non-custodial
parent, (ii) whether the non-custodial parent 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 sufficient showing
that diligent effort has been made to ascertain the location of the
non-custodial parent, service of process or provision of notice necessary in
that action 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 in this Act,
which service shall be sufficient for purposes of due process.
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 majority or is
otherwise emancipated. 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 paragraph
shall be construed to prevent the court from modifying the order.
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, then 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 the 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 paragraph. 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 paragraph with regard to the order. This paragraph shall not be construed to prevent or affect the establishment or modification of an order for the support of a minor child or the establishment or modification of an order for the support of a non-minor child or educational expenses under Section 513 of the Illinois Marriage and Dissolution of Marriage Act.
(Source: P.A. 97-186, eff. 7-22-11.)