State of Illinois
91st General Assembly
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91_HB1895

 
                                               LRB9104139SMdv

 1        AN ACT regarding support enforcement.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois Public Aid Code is amended by
 5    adding Section 10-16.5 as follows:

 6        (305 ILCS 5/10-16.5 new)
 7        Sec. 10-16.5.  Punishment for support delinquency.
 8        (a)  If a person who  is  under  a  court  order  to  pay
 9    support  is 6 months or more delinquent in payment of support
10    or has been adjudicated in arrears in an amount  equal  to  6
11    months  obligation  or  more,  the court shall enter an order
12    including one or more of the following:
13             (1)  Requiring  the  person  to  perform   community
14        service.
15             (2)  Requiring  the  person  to  participate  in  an
16        electronic  monitoring  program,  except for periods when
17        the person is at work.
18             (3)  Suspending  the   person's   Illinois   driving
19        privileges.  If  driving  privileges  are  suspended, the
20        clerk of  the  circuit  court  shall  certify  the  order
21        suspending  the  driving  privileges of the person to the
22        Secretary of State on forms prescribed by the  Secretary.
23        Upon   receipt   of   the  authenticated  documents,  the
24        Secretary of State shall  suspend  the  person's  driving
25        privileges until further order of the court.
26        (b)  If  a  person  who  is  under  a  court order to pay
27    support is more than  12  months  delinquent  in  payment  of
28    support or has been adjudicated in arrears in an amount equal
29    to  more  than 12 months obligation, the court shall enter an
30    order including one or more of the following:
31             (1)  Imposing either  or  both  of  the  punishments
 
                            -2-                LRB9104139SMdv
 1        listed  in  paragraphs  (1)  and (3) of subsection (a) as
 2        well  as  requiring  the  person  to  participate  in  an
 3        electronic monitoring program, including while the person
 4        is at work and at all other times.
 5             (2)   Revoking   the   person's   Illinois   driving
 6        privileges. If driving privileges are revoked, the  clerk
 7        of the circuit court shall certify the order revoking the
 8        driving  privileges  of  the  person  to the Secretary of
 9        State on forms prescribed by the Secretary.  Upon receipt
10        of the authenticated documents, the  Secretary  of  State
11        shall revoke the person's driving privileges.

12        Section  10.   The  Illinois  Vehicle  Code is amended by
13    changing Sections 7-702 and 7-703 as follows:

14        (625 ILCS 5/7-702)
15        Sec. 7-702.  Suspension of driver's license  for  failure
16    to  pay  child support.  The Secretary of State shall suspend
17    the driver's license issued to an obligor upon  receiving  an
18    authenticated  report provided for in Section 7-703, that the
19    person is 90 days or more delinquent in court  ordered  child
20    support  payments  or  has  been adjudicated in arrears in an
21    amount equal to 90 days obligation  or  more,  and  has  been
22    found  in  contempt  by  the  court  for  failure  to pay the
23    support. The Secretary of State shall  suspend  the  driver's
24    license  issued to an obligor upon receiving an authenticated
25    report provided for in Section 7-703 that the person is 6  or
26    more   months  delinquent  in  court  ordered  child  support
27    payments or has been adjudicated  in  arrears  in  an  amount
28    equal  to 6 or more months obligation. The Secretary of State
29    shall revoke the driver's license issued to an  obligor  upon
30    receiving  an  authenticated  report  provided for in Section
31    7-703 that the person is more than 12  months  delinquent  in
32    court  ordered child support payments or has been adjudicated
 
                            -3-                LRB9104139SMdv
 1    in arrears  in  an  amount  equal  to  more  than  12  months
 2    obligation.
 3    (Source: P.A. 89-92, eff. 7-1-96.)

 4        (625 ILCS 5/7-703)
 5        Sec.  7-703.   Courts  to  report  non-payment  of  court
 6    ordered support.  The clerk of the circuit court, as provided
 7    in   Section   10-16.5  of  the  Illinois  Public  Aid  Code,
 8    subsections subsection (b) and (b-5) of Section  505  of  the
 9    Illinois  Marriage  and  Dissolution of Marriage Act, Section
10    4.3 of the Non-Support of Spouse and Children Act, and or  as
11    provided in Section 15 of the Illinois Parentage Act of 1984,
12    shall forward to the Secretary of State, on a form prescribed
13    by  the  Secretary,  an authenticated document certifying the
14    court's  order  suspending  the  driving  privileges  of  the
15    obligor.  The clerk of the  circuit  court,  as  provided  in
16    Section  10-16.5  of the Illinois Public Aid Code, subsection
17    (b-7) of Section 505 of the Illinois Marriage and Dissolution
18    of Marriage Act, Section 4.3 of the Non-Support of Spouse and
19    Children Act, and Section 15 of the Illinois Parentage Act of
20    1984,  shall  forward  to  the  Secretary,  an  authenticated
21    document certifying the court's order  revoking  the  driving
22    privileges  of  the  obligor. For any such certification, the
23    clerk of the court shall charge the obligor a fee  of  $5  as
24    provided in the Clerks of Courts Act.
25    (Source: P.A. 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.)

26        Section  15.   The  Illinois  Marriage and Dissolution of
27    Marriage Act is amended by changing Section 505 as follows:

28        (750 ILCS 5/505) (from Ch. 40, par. 505)
29        Sec. 505.  Child support; contempt; penalties.
30        (a)  In a proceeding for dissolution of  marriage,  legal
31    separation,   declaration   of   invalidity  of  marriage,  a
 
                            -4-                LRB9104139SMdv
 1    proceeding for child support  following  dissolution  of  the
 2    marriage  by  a court which lacked personal jurisdiction over
 3    the  absent  spouse,  a  proceeding  for  modification  of  a
 4    previous order for child support under Section  510  of  this
 5    Act, or any proceeding authorized under Section 501 or 601 of
 6    this  Act, the court may order either or both parents owing a
 7    duty of support to a child of the marriage to pay  an  amount
 8    reasonable  and  necessary for his support, without regard to
 9    marital misconduct. The duty of  support   owed  to  a  minor
10    child  includes  the obligation to provide for the reasonable
11    and necessary physical, mental and emotional health needs  of
12    the child.
13             (1)  The Court shall determine the minimum amount of
14        support by using the following guidelines:
15          Number of Children       Percent of Supporting Party's
16                                             Net Income
17                  1                             20%
18                  2                             25%
19                  3                             32%
20                  4                             40%
21                  5                             45%
22              6 or more                         50%
23             (2)  The  above  guidelines shall be applied in each
24        case unless the court makes a finding that application of
25        the guidelines would be inappropriate, after  considering
26        the  best  interests  of  the  child in light of evidence
27        including but not limited to one or more of the following
28        relevant factors:
29                  (a)  the financial resources and needs  of  the
30             child;
31                  (b)  the  financial  resources and needs of the
32             custodial parent;
33                  (c)  the standard of  living  the  child  would
34             have enjoyed had the marriage not been dissolved;
 
                            -5-                LRB9104139SMdv
 1                  (d)  the  physical  and  emotional condition of
 2             the child, and his educational needs; and
 3                  (e)  the financial resources and needs  of  the
 4             non-custodial parent.
 5             If  the  court  deviates  from  the  guidelines, the
 6        court's finding shall state the amount  of  support  that
 7        would   have  been  required  under  the  guidelines,  if
 8        determinable.  The court  shall  include  the  reason  or
 9        reasons for the variance from the guidelines.
10             (3)  "Net  income"  is  defined  as the total of all
11        income from all sources, minus the following deductions:
12                  (a)  Federal income  tax  (properly  calculated
13             withholding or estimated payments);
14                  (b)  State   income  tax  (properly  calculated
15             withholding or estimated payments);
16                  (c)  Social Security (FICA payments);
17                  (d)  Mandatory     retirement     contributions
18             required by law or as a condition of employment;
19                  (e)  Union dues;
20                  (f)  Dependent          and          individual
21             health/hospitalization insurance premiums;
22                  (g)  Prior   obligations    of    support    or
23             maintenance actually paid pursuant to a court order;
24                  (h)  Expenditures  for  repayment of debts that
25             represent reasonable and necessary expenses for  the
26             production of income, medical expenditures necessary
27             to  preserve life or health, reasonable expenditures
28             for the benefit of the child and the  other  parent,
29             exclusive  of  gifts.   The  court  shall reduce net
30             income in determining the minimum amount of  support
31             to be ordered only for the period that such payments
32             are   due   and  shall  enter  an  order  containing
33             provisions for its self-executing modification  upon
34             termination of such payment period.
 
                            -6-                LRB9104139SMdv
 1             (4)  In  cases  where  the  court order provides for
 2        health/hospitalization  insurance  coverage  pursuant  to
 3        Section  505.2  of  this  Act,  the  premiums  for   that
 4        insurance,  or that portion of the premiums for which the
 5        supporting party is responsible in the case of  insurance
 6        provided  through  an  employer's  health  insurance plan
 7        where the employer pays a portion of the premiums,  shall
 8        be  subtracted from net income in determining the minimum
 9        amount of support to be ordered.
10             (4.5)  In a proceeding for child  support  following
11        dissolution  of  the  marriage  by  a  court  that lacked
12        personal jurisdiction over  the  absent  spouse,  and  in
13        which  the  court is requiring payment of support for the
14        period before the date an order for  current  support  is
15        entered,  there  is  a  rebuttable  presumption  that the
16        supporting party's net income for the  prior  period  was
17        the  same  as his or her net income at the time the order
18        for current support is entered.
19             (5)  If the net income cannot be determined  because
20        of  default  or  any  other reason, the court shall order
21        support  in  an  amount  considered  reasonable  in   the
22        particular  case.   The  final  order  in all cases shall
23        state the support level in dollar amounts.
24        (b)  Failure of either parent to comply with an order  to
25    pay  support  shall  be  punishable  as  in  other  cases  of
26    contempt.  In addition to other penalties provided by law the
27    Court may, after finding the parent guilty of contempt, order
28    that the parent be:
29             (1)  placed  on  probation  with  such conditions of
30        probation as the Court deems advisable;
31             (2)  sentenced to periodic imprisonment for a period
32        not to exceed 6 months; provided, however, that the Court
33        may permit the parent to be released for periods of  time
34        during the day or night to:
 
                            -7-                LRB9104139SMdv
 1                  (A)  work; or
 2                  (B)  conduct  a business or other self-employed
 3             occupation.
 4        The Court may further  order  any  part  or  all  of  the
 5    earnings   of   a   parent  during  a  sentence  of  periodic
 6    imprisonment paid to the Clerk of the Circuit Court or to the
 7    parent having custody or to the guardian  having  custody  of
 8    the minor children of the sentenced parent for the support of
 9    said minor children until further order of the Court.
10        If  there is a unity of interest and ownership sufficient
11    to render no financial  separation  between  a  non-custodial
12    parent  and another person or persons or business entity, the
13    court may pierce the ownership veil of the  person,  persons,
14    or  business  entity  to discover assets of the non-custodial
15    parent held in the name of that  person,  those  persons,  or
16    that  business  entity.    The  following  circumstances  are
17    sufficient  to  authorize  a  court to order discovery of the
18    assets of a person, persons, or business entity and to compel
19    the application of any discovered assets  toward  payment  on
20    the judgment for support:
21             (1)  the   non-custodial   parent  and  the  person,
22        persons, or business entity maintain records together.
23             (2)  the  non-custodial  parent  and   the   person,
24        persons,  or  business  entity  fail  to maintain an arms
25        length relationship between themselves with regard to any
26        assets.
27             (3)  the non-custodial parent  transfers  assets  to
28        the  person,  persons, or business entity with the intent
29        to perpetrate a fraud on the custodial parent.
30        With respect to assets which are real property, no  order
31    entered  under this paragraph shall affect the rights of bona
32    fide purchasers, mortgagees,  judgment  creditors,  or  other
33    lien  holders  who   acquire  their interests in the property
34    prior to the time a notice of lis  pendens  pursuant  to  the
 
                            -8-                LRB9104139SMdv
 1    Code  of  Civil Procedure or a copy of the order is placed of
 2    record in the office of the recorder of deeds for the  county
 3    in which the real property is located.
 4        The  court may also order in cases where the parent is 90
 5    days or more delinquent in payment of  support  or  has  been
 6    adjudicated  in  arrears  in  an  amount  equal  to  90  days
 7    obligation  or  more,  that  the  parent's  Illinois  driving
 8    privileges  be  suspended until the court determines that the
 9    parent is in compliance with the order of support. The  court
10    may  also  order that the parent be issued a family financial
11    responsibility  driving  permit  that  would  allow   limited
12    driving  privileges  for  employment  and medical purposes in
13    accordance with Section 7-702.1 of the Illinois Vehicle Code.
14    The clerk of  the  circuit  court  shall  certify  the  order
15    suspending  the  driving privileges of the parent or granting
16    the issuance of a  family  financial  responsibility  driving
17    permit  to  the Secretary of State on forms prescribed by the
18    Secretary. Upon receipt of the authenticated  documents,  the
19    Secretary   of  State  shall  suspend  the  parent's  driving
20    privileges until further order of the  court  and  shall,  if
21    ordered  by  the  court, subject to the provisions of Section
22    7-702.1  of  the  Illinois  Vehicle  Code,  issue  a   family
23    financial responsibility driving permit to the parent.
24        In  addition  to  the penalties or punishment that may be
25    imposed  under  this  Section,  any  person   whose   conduct
26    constitutes  a  violation  of Section 1 of the Non-Support of
27    Spouse and Children Act may be prosecuted under that Section,
28    and a person convicted under that Section may be sentenced in
29    accordance with that Section.  The sentence may  include  but
30    need  not be limited to a requirement that the person perform
31    community service under subsection (b)  of  that  Section  or
32    participate  in  a  work alternative program under subsection
33    (c) of  that  Section.  A  person  may  not  be  required  to
34    participate  in  a  work alternative program under subsection
 
                            -9-                LRB9104139SMdv
 1    (c) of that Section if the person is currently  participating
 2    in a work program pursuant to Section 505.1 of this Act.
 3        (b-5)  If  a  person  who  is  under a court order to pay
 4    support is 6 months or more delinquent in payment of  support
 5    or  has  been  adjudicated in arrears in an amount equal to 6
 6    months obligation or more, the court  shall  enter  an  order
 7    including one or more of the following:
 8             (1)  Requiring   the  person  to  perform  community
 9        service.
10             (2)  Requiring  the  person  to  participate  in  an
11        electronic monitoring program, except  for  periods  when
12        the person is at work.
13             (3)  Suspending   the   person's   Illinois  driving
14        privileges. If  driving  privileges  are  suspended,  the
15        clerk  of  the  circuit  court  shall  certify  the order
16        suspending the driving privileges of the  person  to  the
17        Secretary  of State on forms prescribed by the Secretary.
18        Upon  receipt  of  the   authenticated   documents,   the
19        Secretary  of  State  shall  suspend the person's driving
20        privileges until further order of the court.
21        (b-7)  If a person who is under  a  court  order  to  pay
22    support  is  more  than  12  months  delinquent in payment of
23    support or has been adjudicated in arrears in an amount equal
24    to more than 12 months obligation, the court shall  enter  an
25    order including one or more of the following:
26             (1)  Imposing  either  or  both  of  the punishments
27        listed in paragraphs (1) and (3) of subsection  (b-5)  as
28        well  as  requiring  the  person  to  participate  in  an
29        electronic monitoring program, including while the person
30        is at work and at all other times.
31             (2)  Revoking    the   person's   Illinois   driving
32        privileges. If driving privileges are revoked, the  clerk
33        of the circuit court shall certify the order revoking the
34        driving  privileges  of  the  person  to the Secretary of
 
                            -10-               LRB9104139SMdv
 1        State on forms prescribed by the Secretary.  Upon receipt
 2        of the authenticated documents, the  Secretary  of  State
 3        shall revoke the person's driving privileges.
 4        (c)  A  one-time  charge  of  20%  is  imposable upon the
 5    amount of past-due child support owed on July 1,  1988  which
 6    has  accrued under a support order entered by the court.  The
 7    charge shall be imposed in accordance with the provisions  of
 8    Section  10-21  of  the Illinois Public Aid Code and shall be
 9    enforced by the court upon petition.
10        (d)  Any new or existing support  order  entered  by  the
11    court  under  this  Section shall be deemed to be a series of
12    judgments  against  the  person  obligated  to  pay   support
13    thereunder,  each  such  judgment to be in the amount of each
14    payment or installment of support and each such  judgment  to
15    be deemed entered as of the date the corresponding payment or
16    installment becomes due under the terms of the support order.
17    Each  such  judgment  shall  have  the full force, effect and
18    attributes of any other judgment of this State, including the
19    ability to be enforced. A lien arises  by  operation  of  law
20    against  the  real  and personal property of the noncustodial
21    parent for each installment of overdue support  owed  by  the
22    noncustodial parent.
23        (e)  When  child  support is to be paid through the clerk
24    of the court in a county of 1,000,000  inhabitants  or  less,
25    the  order  shall  direct the obligor to pay to the clerk, in
26    addition to the child support payments, all fees  imposed  by
27    the  county  board  under  paragraph (3) of subsection (u) of
28    Section 27.1 of the Clerks of Courts  Act.   Unless  paid  in
29    cash  or pursuant to an order for withholding, the payment of
30    the fee shall be by a separate instrument  from  the  support
31    payment and shall be made to the order of the Clerk.
32        (f)  All  orders  for  support, when entered or modified,
33    shall include a provision requiring the obligor to notify the
34    court and, in cases in which a party is receiving  child  and
 
                            -11-               LRB9104139SMdv
 1    spouse  services  under  Article X of the Illinois Public Aid
 2    Code, the Illinois Department of Public Aid, within  7  days,
 3    (i)  of  the  name  and  address  of  any new employer of the
 4    obligor, (ii)  whether  the  obligor  has  access  to  health
 5    insurance  coverage  through  the  employer  or  other  group
 6    coverage and, if so, the policy name and number and the names
 7    of  persons  covered  under  the policy, and (iii) of any new
 8    residential or mailing address or  telephone  number  of  the
 9    non-custodial  parent.  In any subsequent action to enforce a
10    support order, upon a  sufficient  showing  that  a  diligent
11    effort  has  been  made  to  ascertain  the  location  of the
12    non-custodial parent, service  of  process  or  provision  of
13    notice  necessary  in  the case may be made at the last known
14    address of the non-custodial parent in any  manner  expressly
15    provided  by  the  Code of Civil Procedure or this Act, which
16    service shall be sufficient for purposes of due process.
17        (g)  An order for support shall include a date  on  which
18    the  current  support obligation terminates.  The termination
19    date shall be no earlier than the date  on  which  the  child
20    covered  by  the  order will attain the age of majority or is
21    otherwise emancipated. The order for support shall state that
22    the termination date does not apply to any arrearage that may
23    remain unpaid on that date.  Nothing in this subsection shall
24    be construed to prevent the court from modifying the order.
25        (h)  An order entered under this Section shall include  a
26    provision  requiring the obligor to report to the obligee and
27    to the clerk of court within 10 days each  time  the  obligor
28    obtains   new   employment,   and  each  time  the  obligor's
29    employment is terminated for any reason.  The report shall be
30    in writing and shall, in the case of new employment,  include
31    the  name and address of the new employer.  Failure to report
32    new employment or the termination of current  employment,  if
33    coupled  with nonpayment of support for a period in excess of
34    60 days, is indirect  criminal  contempt.   For  any  obligor
 
                            -12-               LRB9104139SMdv
 1    arrested  for  failure to report new employment bond shall be
 2    set in the amount of the child support that should have  been
 3    paid  during  the  period of unreported employment.  An order
 4    entered under this Section shall  also  include  a  provision
 5    requiring  the  obligor  and  obligee  parents to advise each
 6    other of a change in residence within 5 days  of  the  change
 7    except  when  the  court  finds that the physical, mental, or
 8    emotional health of a party or that  of  a  minor  child,  or
 9    both,  would  be  seriously  endangered  by disclosure of the
10    party's address.
11    (Source:  P.A.  89-88,  eff.  6-30-95;  89-92,  eff.  7-1-96;
12    89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
13    90-539, eff.  6-1-98;  90-655,  eff.  7-30-98;  90-733,  eff.
14    8-11-98.)

15        Section  15.   The Non-Support of Spouse and Children Act
16    is amended by adding Section 4.3 as follows:

17        (750 ILCS 15/4.3 new)
18        Sec. 4.3.  Punishment for support delinquency.
19        (a)  If a person who  is  under  a  court  order  to  pay
20    support  is 6 months or more delinquent in payment of support
21    or has been adjudicated in arrears in an amount  equal  to  6
22    months  obligation  or  more,  the court shall enter an order
23    including one or more of the following:
24             (1)  Requiring  the  person  to  perform   community
25        service.
26             (2)  Requiring  the  person  to  participate  in  an
27        electronic  monitoring  program,  except for periods when
28        the person is at work.
29             (3)  Suspending  the   person's   Illinois   driving
30        privileges.  If  driving  privileges  are  suspended, the
31        clerk of  the  circuit  court  shall  certify  the  order
32        suspending  the  driving  privileges of the person to the
 
                            -13-               LRB9104139SMdv
 1        Secretary of State on forms prescribed by the  Secretary.
 2        Upon   receipt   of   the  authenticated  documents,  the
 3        Secretary of State shall  suspend  the  person's  driving
 4        privileges until further order of the court.
 5        (b)  If  a  person  who  is  under  a  court order to pay
 6    support is more than  12  months  delinquent  in  payment  of
 7    support or has been adjudicated in arrears in an amount equal
 8    to  more  than 12 months obligation, the court shall enter an
 9    order including one or more of the following:
10             (1)  Imposing either  or  both  of  the  punishments
11        listed  in  paragraphs  (1)  and (3) of subsection (a) as
12        well  as  requiring  the  person  to  participate  in  an
13        electronic monitoring program, including while the person
14        is at work and at all other times.
15             (2)  Revoking   the   person's   Illinois    driving
16        privileges.  If driving privileges are revoked, the clerk
17        of the circuit court shall certify the order revoking the
18        driving privileges of the  person  to  the  Secretary  of
19        State on forms prescribed by the Secretary.  Upon receipt
20        of  the  authenticated  documents, the Secretary of State
21        shall revoke the person's driving privileges.

22        Section 25.   The  Illinois  Parentage  Act  of  1984  is
23    amended by changing Section 15 as follows:

24        (750 ILCS 45/15) (from Ch. 40, par. 2515)
25        Sec. 15.  Enforcement of Judgment or Order.
26        (a)  If existence of the parent and child relationship is
27    declared,   or   paternity   or  duty  of  support  has  been
28    established under this Act or under prior law  or  under  the
29    law   of   any  other  jurisdiction,  the  judgment  rendered
30    thereunder may be enforced in the same or  other  proceedings
31    by  any  party  or any person or agency that has furnished or
32    may furnish financial assistance or services  to  the  child.
 
                            -14-               LRB9104139SMdv
 1    The Income Withholding for Support Act and Sections 14 and 16
 2    of  this  Act shall also be applicable with respect to entry,
 3    modification and enforcement of any support judgment  entered
 4    under  provisions  of  the  "Paternity Act", approved July 5,
 5    1957, as amended, repealed July 1, 1985.
 6        (b)  Failure to comply with any order of the court  shall
 7    be  punishable  as  contempt  as in other cases of failure to
 8    comply  under  the  "Illinois  Marriage  and  Dissolution  of
 9    Marriage Act", as now or hereafter amended.  In  addition  to
10    other penalties provided by law, the court may, after finding
11    the party guilty of contempt, order that the party be:
12             (1)  Placed  on  probation  with  such conditions of
13        probation as the court deems advisable;
14             (2)  Sentenced to periodic imprisonment for a period
15        not to exceed 6 months.  However, the  court  may  permit
16        the  party  to be released for periods of time during the
17        day or  night  to  work  or  conduct  business  or  other
18        self-employed  occupation.   The  court may further order
19        any part of all the earnings of a party during a sentence
20        of periodic imprisonment to be paid to the Clerk  of  the
21        Circuit  Court  or to the person or parent having custody
22        of the minor child for the support of  said  child  until
23        further order of the court.
24             (2.5)  The  court may also pierce the ownership veil
25        of a person, persons,  or  business  entity  to  discover
26        assets of a non-custodial parent held in the name of that
27        person,  those  persons, or that business entity if there
28        is a unity of interest and ownership sufficient to render
29        no financial separation between the non-custodial  parent
30        and  that  person, those persons, or the business entity.
31        The following circumstances are sufficient for a court to
32        order discovery of the assets of a  person,  persons,  or
33        business  entity  and  to  compel  the application of any
34        discovered assets toward  payment  on  the  judgment  for
 
                            -15-               LRB9104139SMdv
 1        support:
 2                  (A)  the  non-custodial  parent and the person,
 3             persons,  or  business   entity   maintain   records
 4             together.
 5                  (B)  the  non-custodial  parent and the person,
 6             persons, or business entity fail to maintain an arms
 7             length relationship between themselves  with  regard
 8             to any assets.
 9                  (C)  the  non-custodial parent transfers assets
10             to the person, persons, or business entity with  the
11             intent  to  perpetrate  a  fraud  on  the  custodial
12             parent.
13             With  respect  to assets which are real property, no
14        order entered under this subdivision (2.5)  shall  affect
15        the  rights of bona fide purchasers, mortgagees, judgment
16        creditors,  or  other  lien  holders  who  acquire  their
17        interests in the property prior to the time a  notice  of
18        lis  pendens pursuant to the Code of Civil Procedure or a
19        copy of the order is placed of record in  the  office  of
20        the  recorder  of  deeds for the county in which the real
21        property is located.
22             (3)  The court may also order that  in  cases  where
23        the  party  is  90  days or more delinquent in payment of
24        support or has been adjudicated in arrears in  an  amount
25        equal  to  90  days  obligation or more, that the party's
26        Illinois driving privileges be suspended until the  court
27        determines  that  the  party  is  in  compliance with the
28        judgement or duty of support.  The court may  also  order
29        that   the   parent   be   issued   a   family  financial
30        responsibility driving permit that  would  allow  limited
31        driving privileges for employment and medical purposes in
32        accordance  with  Section 7-702.1 of the Illinois Vehicle
33        Code. The clerk of the circuit court  shall  certify  the
34        order  suspending the driving privileges of the parent or
 
                            -16-               LRB9104139SMdv
 1        granting   the   issuance   of   a    family    financial
 2        responsibility  driving  permit to the Secretary of State
 3        on forms prescribed by the Secretary. Upon receipt of the
 4        authenticated documents, the  Secretary  of  State  shall
 5        suspend  the  party's  driving  privileges  until further
 6        order of the court and shall, if ordered  by  the  court,
 7        subject  to  the  provisions  of  Section  7-702.1 of the
 8        Illinois  Vehicle  Code,   issue   a   family   financial
 9        responsibility driving permit to the parent.
10        In  addition  to  the penalties or punishment that may be
11    imposed  under  this  Section,  any  person   whose   conduct
12    constitutes  a  violation  of Section 1 of the Non-Support of
13    Spouse and Children Act may be prosecuted under that Section,
14    and a person convicted under that Section may be sentenced in
15    accordance with that Section.  The sentence may  include  but
16    need  not be limited to a requirement that the person perform
17    community service under subsection (b)  of  that  Section  or
18    participate  in  a  work alternative program under subsection
19    (c) of that Section.    A  person  may  not  be  required  to
20    participate  in  a  work alternative program under subsection
21    (c) of that Section if the person is currently  participating
22    in a work program pursuant to Section 15.1 of this Act.
23        (b-5)  If  a  person  who  is  under a court order to pay
24    support is 6 months or more delinquent in payment of  support
25    or  has  been  adjudicated in arrears in an amount equal to 6
26    months obligation or more, the court  shall  enter  an  order
27    including one or more of the following:
28             (1)  Requiring   the  person  to  perform  community
29        service.
30             (2)  Requiring  the  person  to  participate  in  an
31        electronic monitoring program, except  for  periods  when
32        the person is at work.
33             (3)  Suspending   the   person's   Illinois  driving
34        privileges. If  driving  privileges  are  suspended,  the
 
                            -17-               LRB9104139SMdv
 1        clerk  of  the  circuit  court  shall  certify  the order
 2        suspending the driving privileges of the  person  to  the
 3        Secretary  of State on forms prescribed by the Secretary.
 4        Upon  receipt  of  the   authenticated   documents,   the
 5        Secretary  of  State  shall  suspend the person's driving
 6        privileges until further order of the court.
 7        (b-7)  If a person who is under  a  court  order  to  pay
 8    support  is  more  than  12  months  delinquent in payment of
 9    support or has been adjudicated in arrears in an amount equal
10    to more than 12 months obligation, the court shall  enter  an
11    order including one or more of the following:
12             (1)  Imposing  either  or  both  of  the punishments
13        listed in paragraphs (1) and (3) of subsection  (b-5)  as
14        well  as  requiring  the  person  to  participate  in  an
15        electronic monitoring program, including while the person
16        is at work and at all other times.
17             (2)  Revoking    the   person's   Illinois   driving
18        privileges. If driving privileges are revoked, the  clerk
19        of the circuit court shall certify the order revoking the
20        driving  privileges  of  the  person  to the Secretary of
21        State on forms prescribed by the Secretary.  Upon receipt
22        of the authenticated documents, the  Secretary  of  State
23        shall revoke the person's driving privileges.
24        (c)  In any post-judgment proceeding to enforce or modify
25    the  judgment  the parties shall continue to be designated as
26    in the original proceeding.
27    (Source:  P.A.  89-92,  eff.  7-1-96;  90-476,  eff.  1-1-98;
28    90-673, eff. 1-1-99; 90-733, eff. 8-11-98; revised 9-14-98.)







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