[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB4614
LRB9111863DJcd
1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Sections 503, 504, and 505.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Sections 503, 504, and
7 505 as follows:
8 (750 ILCS 5/503) (from Ch. 40, par. 503)
9 Sec. 503. Disposition of property.
10 (a) For purposes of this Act, "marital property" means
11 all property acquired by either spouse subsequent to the
12 marriage, except the following, which is known as
13 "non-marital property":
14 (1) property acquired by gift, legacy or descent;
15 (2) property acquired in exchange for property
16 acquired before the marriage or in exchange for property
17 acquired by gift, legacy or descent;
18 (3) property acquired by a spouse after a judgment
19 of legal separation;
20 (4) property excluded by valid agreement of the
21 parties;
22 (5) any judgment or property obtained by judgment
23 awarded to a spouse from the other spouse;
24 (6) property acquired before the marriage;
25 (7) the increase in value of property acquired by a
26 method listed in paragraphs (1) through (6) of this
27 subsection, irrespective of whether the increase results
28 from a contribution of marital property, non-marital
29 property, the personal effort of a spouse, or otherwise,
30 subject to the right of reimbursement provided in
31 subsection (c) of this Section; and
-2- LRB9111863DJcd
1 (8) income from property acquired by a method
2 listed in paragraphs (1) through (7) of this subsection
3 if the income is not attributable to the personal effort
4 of a spouse.
5 (b)(1) For purposes of distribution of property pursuant
6 to this Section, all property acquired by either spouse after
7 the marriage and before a judgment of dissolution of marriage
8 or declaration of invalidity of marriage, including
9 non-marital property transferred into some form of
10 co-ownership between the spouses, is presumed to be marital
11 property, regardless of whether title is held individually or
12 by the spouses in some form of co-ownership such as joint
13 tenancy, tenancy in common, tenancy by the entirety, or
14 community property. The presumption of marital property is
15 overcome by a showing that the property was acquired by a
16 method listed in subsection (a) of this Section.
17 (2) For purposes of distribution of property pursuant to
18 this Section, all pension benefits (including pension
19 benefits under the Illinois Pension Code) acquired by either
20 spouse after the marriage and before a judgment of
21 dissolution of marriage or declaration of invalidity of the
22 marriage are presumed to be marital property, regardless of
23 which spouse participates in the pension plan. The
24 presumption that these pension benefits are marital property
25 is overcome by a showing that the pension benefits were
26 acquired by a method listed in subsection (a) of this
27 Section. The right to a division of pension benefits in just
28 proportions under this Section is enforceable under Section
29 1-119 of the Illinois Pension Code.
30 The value of pension benefits in a retirement system
31 subject to the Illinois Pension Code shall be determined in
32 accordance with the valuation procedures established by the
33 retirement system.
34 The recognition of pension benefits as marital property
-3- LRB9111863DJcd
1 and the division of those benefits pursuant to a Qualified
2 Illinois Domestic Relations Order shall not be deemed to be a
3 diminishment, alienation, or impairment of those benefits.
4 The division of pension benefits is an allocation of property
5 in which each spouse has a species of common ownership.
6 (c) Commingled marital and non-marital property shall be
7 treated in the following manner, unless otherwise agreed by
8 the spouses:
9 (1) When marital and non-marital property are
10 commingled by contributing one estate of property into
11 another resulting in a loss of identity of the
12 contributed property, the classification of the
13 contributed property is transmuted to the estate
14 receiving the contribution, subject to the provisions of
15 paragraph (2) of this subsection; provided that if
16 marital and non-marital property are commingled into
17 newly acquired property resulting in a loss of identity
18 of the contributing estates, the commingled property
19 shall be deemed transmuted to marital property, subject
20 to the provisions of paragraph (2) of this subsection.
21 (2) When one estate of property makes a
22 contribution to another estate of property, or when a
23 spouse contributes personal effort to non-marital
24 property, the contributing estate shall be reimbursed
25 from the estate receiving the contribution
26 notwithstanding any transmutation; provided, that no such
27 reimbursement shall be made with respect to a
28 contribution which is not retraceable by clear and
29 convincing evidence, or was a gift, or, in the case of a
30 contribution of personal effort of a spouse to
31 non-marital property, unless the effort is significant
32 and results in substantial appreciation of the
33 non-marital property. Personal effort of a spouse shall
34 be deemed a contribution by the marital estate. The
-4- LRB9111863DJcd
1 court may provide for reimbursement out of the marital
2 property to be divided or by imposing a lien against the
3 non-marital property which received the contribution.
4 (d) In a proceeding for dissolution of marriage or
5 declaration of invalidity of marriage, or in a proceeding for
6 disposition of property following dissolution of marriage by
7 a court which lacked personal jurisdiction over the absent
8 spouse or lacked jurisdiction to dispose of the property, the
9 court shall assign each spouse's non-marital property to that
10 spouse. It also shall divide the marital property without
11 regard to marital misconduct in just proportions considering
12 all relevant factors, including:
13 (1) the contribution of each party to the
14 acquisition, preservation, or increase or decrease in
15 value of the marital or non-marital property, including
16 the contribution of a spouse as a homemaker or to the
17 family unit;
18 (2) the dissipation by each party of the marital or
19 non-marital property;
20 (3) the value of the property assigned to each
21 spouse;
22 (4) the duration of the marriage;
23 (5) the relevant economic circumstances of each
24 spouse when the division of property is to become
25 effective, including the desirability of awarding the
26 family home, or the right to live therein for reasonable
27 periods, to the spouse having custody of the children;
28 (6) any obligations and rights arising from a prior
29 marriage of either party;
30 (7) any antenuptial agreement of the parties;
31 (8) the age, health, station, occupation, amount
32 and sources of income, vocational skills, employability,
33 estate, liabilities, and needs of each of the parties;
34 (9) the custodial provisions for any children;
-5- LRB9111863DJcd
1 (10) whether the apportionment is in lieu of or in
2 addition to maintenance;
3 (11) the reasonable opportunity of each spouse for
4 future acquisition of capital assets and income; and
5 (12) the tax consequences of the property division
6 upon the respective economic circumstances of the
7 parties.
8 In dividing the marital property in a proceeding
9 described in this subsection, the court may disregard a
10 spouse's voluntary change in employment, income, or assets
11 made during the period commencing 6 months before the date on
12 which the petition for dissolution of marriage or declaration
13 of invalidity of marriage was filed and ending on the date of
14 the court's order dividing the marital property.
15 (e) Each spouse has a species of common ownership in the
16 marital property which vests at the time dissolution
17 proceedings are commenced and continues only during the
18 pendency of the action. Any such interest in marital
19 property shall not encumber that property so as to restrict
20 its transfer, assignment or conveyance by the title holder
21 unless such title holder is specifically enjoined from making
22 such transfer, assignment or conveyance.
23 (f) In a proceeding for dissolution of marriage or
24 declaration of invalidity of marriage or in a proceeding for
25 disposition of property following dissolution of marriage by
26 a court that lacked personal jurisdiction over the absent
27 spouse or lacked jurisdiction to dispose of the property, the
28 court, in determining the value of the marital and
29 non-marital property for purposes of dividing the property,
30 shall value the property as of the date of trial or some
31 other date as close to the date of trial as is practicable.
32 (g) The court if necessary to protect and promote the
33 best interests of the children may set aside a portion of the
34 jointly or separately held estates of the parties in a
-6- LRB9111863DJcd
1 separate fund or trust for the support, maintenance,
2 education, and general welfare of any minor, dependent, or
3 incompetent child of the parties. In making a determination
4 under this subsection, the court may consider, among other
5 things, the conviction of a party of any of the offenses set
6 forth in Section 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-13,
7 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961
8 if the victim is a child of one or both of the parties, and
9 there is a need for, and cost of, care, healing and
10 counseling for the child who is the victim of the crime.
11 (h) Unless specifically directed by a reviewing court,
12 or upon good cause shown, the court shall not on remand
13 consider any increase or decrease in the value of any
14 "marital" or "non-marital" property occurring since the
15 assessment of such property at the original trial or hearing,
16 but shall use only that assessment made at the original trial
17 or hearing.
18 (i) The court may make such judgments affecting the
19 marital property as may be just and may enforce such
20 judgments by ordering a sale of marital property, with
21 proceeds therefrom to be applied as determined by the court.
22 (j) After proofs have closed in the final hearing on all
23 other issues between the parties (or in conjunction with the
24 final hearing, if all parties so stipulate) and before
25 judgment is entered, a party's petition for contribution to
26 fees and costs incurred in the proceeding shall be heard and
27 decided, in accordance with the following provisions:
28 (1) A petition for contribution, if not filed
29 before the final hearing on other issues between the
30 parties, shall be filed no later than 30 days after the
31 closing of proofs in the final hearing or within such
32 other period as the court orders.
33 (2) Any award of contribution to one party from the
34 other party shall be based on the criteria for division
-7- LRB9111863DJcd
1 of marital property under this Section 503 and, if
2 maintenance has been awarded, on the criteria for an
3 award of maintenance under Section 504.
4 (3) The filing of a petition for contribution shall
5 not be deemed to constitute a waiver of the
6 attorney-client privilege between the petitioning party
7 and current or former counsel; and such a waiver shall
8 not constitute a prerequisite to a hearing for
9 contribution. If either party's presentation on
10 contribution, however, includes evidence within the scope
11 of the attorney-client privilege, the disclosure or
12 disclosures shall be narrowly construed and shall not be
13 deemed by the court to constitute a general waiver of the
14 privilege as to matters beyond the scope of the
15 presentation.
16 (4) No finding on which a contribution award is
17 based or denied shall be asserted against counsel or
18 former counsel for purposes of any hearing under
19 subsection (c) or (e) of Section 508.
20 (5) A contribution award (payable to either the
21 petitioning party or the party's counsel, or jointly, as
22 the court determines) may be in the form of either a set
23 dollar amount or a percentage of fees and costs (or a
24 portion of fees and costs) to be subsequently agreed upon
25 by the petitioning party and counsel or, alternatively,
26 thereafter determined in a hearing pursuant to subsection
27 (c) of Section 508 or previously or thereafter determined
28 in an independent proceeding under subsection (e) of
29 Section 508.
30 (6) The changes to this Section 503 made by this
31 amendatory Act of 1996 apply to cases pending on or after
32 June 1, 1997, except as otherwise provided in Section
33 508.
34 (Source: P.A. 90-731, eff. 7-1-99; 91-445, eff. 1-1-00.)
-8- LRB9111863DJcd
1 (750 ILCS 5/504) (from Ch. 40, par. 504)
2 Sec. 504. Maintenance.
3 (a) In a proceeding for dissolution of marriage or legal
4 separation or declaration of invalidity of marriage, or a
5 proceeding for maintenance following dissolution of the
6 marriage by a court which lacked personal jurisdiction over
7 the absent spouse, the court may grant a temporary or
8 permanent maintenance award for either spouse in amounts and
9 for periods of time as the court deems just, without regard
10 to marital misconduct, in gross or for fixed or indefinite
11 periods of time, and the maintenance may be paid from the
12 income or property of the other spouse after consideration of
13 all relevant factors, including:
14 (1) the income and property of each party,
15 including marital property apportioned and non-marital
16 property assigned to the party seeking maintenance;
17 (2) the needs of each party;
18 (3) the present and future earning capacity of each
19 party;
20 (4) any impairment of the present and future
21 earning capacity of the party seeking maintenance due to
22 that party devoting time to domestic duties or having
23 forgone or delayed education, training, employment, or
24 career opportunities due to the marriage;
25 (5) the time necessary to enable the party seeking
26 maintenance to acquire appropriate education, training,
27 and employment, and whether that party is able to support
28 himself or herself through appropriate employment or is
29 the custodian of a child making it appropriate that the
30 custodian not seek employment;
31 (6) the standard of living established during the
32 marriage;
33 (7) the duration of the marriage;
34 (8) the age and the physical and emotional
-9- LRB9111863DJcd
1 condition of both parties;
2 (9) the tax consequences of the property division
3 upon the respective economic circumstances of the
4 parties;
5 (10) contributions and services by the party
6 seeking maintenance to the education, training, career or
7 career potential, or license of the other spouse;
8 (11) any valid agreement of the parties; and
9 (12) any other factor that the court expressly
10 finds to be just and equitable.
11 In granting a temporary or permanent maintenance award in
12 a proceeding described in this subsection, the court may
13 disregard a spouse's voluntary change in employment, income,
14 or assets made during the period commencing 6 months before
15 the date on which the petition for dissolution of marriage or
16 declaration of invalidity of marriage was filed and ending on
17 the date of the court's order awarding maintenance.
18 (b) (Blank).
19 (c) The court may grant and enforce the payment of
20 maintenance during the pendency of an appeal as the court
21 shall deem reasonable and proper.
22 (d) No maintenance shall accrue during the period in
23 which a party is imprisoned for failure to comply with the
24 court's order for the payment of such maintenance.
25 (e) When maintenance is to be paid through the clerk of
26 the court in a county of 1,000,000 inhabitants or less, the
27 order shall direct the obligor to pay to the clerk, in
28 addition to the maintenance payments, all fees imposed by the
29 county board under paragraph (3) of subsection (u) of Section
30 27.1 of the Clerks of Courts Act. Unless paid in cash or
31 pursuant to an order for withholding, the payment of the fee
32 shall be by a separate instrument from the support payment
33 and shall be made to the order of the Clerk.
34 (Source: P.A. 91-357, eff. 7-29-99.)
-10- LRB9111863DJcd
1 (750 ILCS 5/505) (from Ch. 40, par. 505)
2 (Text of Section before amendment by P.A. 91-655)
3 Sec. 505. Child support; contempt; penalties.
4 (a) In a proceeding for dissolution of marriage, legal
5 separation, declaration of invalidity of marriage, a
6 proceeding for child support following dissolution of the
7 marriage by a court which lacked personal jurisdiction over
8 the absent spouse, a proceeding for modification of a
9 previous order for child support under Section 510 of this
10 Act, or any proceeding authorized under Section 501 or 601 of
11 this Act, the court may order either or both parents owing a
12 duty of support to a child of the marriage to pay an amount
13 reasonable and necessary for his support, without regard to
14 marital misconduct. The duty of support owed to a minor
15 child includes the obligation to provide for the reasonable
16 and necessary physical, mental and emotional health needs of
17 the child.
18 (1) The Court shall determine the minimum amount of
19 support by using the following guidelines:
20 Number of Children Percent of Supporting Party's
21 Net Income
22 1 20%
23 2 25%
24 3 32%
25 4 40%
26 5 45%
27 6 or more 50%
28 (2) The above guidelines shall be applied in each
29 case unless the court makes a finding that application of
30 the guidelines would be inappropriate, after considering
31 the best interests of the child in light of evidence
32 including but not limited to one or more of the following
33 relevant factors:
34 (a) the financial resources and needs of the
-11- LRB9111863DJcd
1 child;
2 (b) the financial resources and needs of the
3 custodial parent;
4 (c) the standard of living the child would
5 have enjoyed had the marriage not been dissolved;
6 (d) the physical and emotional condition of
7 the child, and his educational needs; and
8 (e) the financial resources and needs of the
9 non-custodial parent.
10 If the court deviates from the guidelines, the
11 court's finding shall state the amount of support that
12 would have been required under the guidelines, if
13 determinable. The court shall include the reason or
14 reasons for the variance from the guidelines.
15 (3) "Net income" is defined as the total of all
16 income from all sources, minus the following deductions:
17 (a) Federal income tax (properly calculated
18 withholding or estimated payments);
19 (b) State income tax (properly calculated
20 withholding or estimated payments);
21 (c) Social Security (FICA payments);
22 (d) Mandatory retirement contributions
23 required by law or as a condition of employment;
24 (e) Union dues;
25 (f) Dependent and individual
26 health/hospitalization insurance premiums;
27 (g) Prior obligations of support or
28 maintenance actually paid pursuant to a court order;
29 (h) Expenditures for repayment of debts that
30 represent reasonable and necessary expenses for the
31 production of income, medical expenditures necessary
32 to preserve life or health, reasonable expenditures
33 for the benefit of the child and the other parent,
34 exclusive of gifts. The court shall reduce net
-12- LRB9111863DJcd
1 income in determining the minimum amount of support
2 to be ordered only for the period that such payments
3 are due and shall enter an order containing
4 provisions for its self-executing modification upon
5 termination of such payment period.
6 (4) In cases where the court order provides for
7 health/hospitalization insurance coverage pursuant to
8 Section 505.2 of this Act, the premiums for that
9 insurance, or that portion of the premiums for which the
10 supporting party is responsible in the case of insurance
11 provided through an employer's health insurance plan
12 where the employer pays a portion of the premiums, shall
13 be subtracted from net income in determining the minimum
14 amount of support to be ordered.
15 (4.5) In a proceeding for child support following
16 dissolution of the marriage by a court that lacked
17 personal jurisdiction over the absent spouse, and in
18 which the court is requiring payment of support for the
19 period before the date an order for current support is
20 entered, there is a rebuttable presumption that the
21 supporting party's net income for the prior period was
22 the same as his or her net income at the time the order
23 for current support is entered.
24 (5) If the net income cannot be determined because
25 of default or any other reason, the court shall order
26 support in an amount considered reasonable in the
27 particular case. The final order in all cases shall
28 state the support level in dollar amounts.
29 In ordering child support in a proceeding described in
30 this subsection, the court may disregard a spouse's voluntary
31 change in employment, income, or assets made during the
32 period commencing 6 months before the date on which the
33 petition for dissolution of marriage or declaration of
34 invalidity of marriage was filed and ending on the date of
-13- LRB9111863DJcd
1 the court's order for child support.
2 (a-5) In an action to enforce an order for support based
3 on the respondent's failure to make support payments as
4 required by the order, notice of proceedings to hold the
5 respondent in contempt for that failure may be served on the
6 respondent by personal service or by regular mail addressed
7 to the respondent's last known address. The respondent's
8 last known address may be determined from records of the
9 clerk of the court, from the Federal Case Registry of Child
10 Support Orders, or by any other reasonable means.
11 (b) Failure of either parent to comply with an order to
12 pay support shall be punishable as in other cases of
13 contempt. In addition to other penalties provided by law the
14 Court may, after finding the parent guilty of contempt, order
15 that the parent be:
16 (1) placed on probation with such conditions of
17 probation as the Court deems advisable;
18 (2) sentenced to periodic imprisonment for a period
19 not to exceed 6 months; provided, however, that the Court
20 may permit the parent to be released for periods of time
21 during the day or night to:
22 (A) work; or
23 (B) conduct a business or other self-employed
24 occupation.
25 The Court may further order any part or all of the
26 earnings of a parent during a sentence of periodic
27 imprisonment paid to the Clerk of the Circuit Court or to the
28 parent having custody or to the guardian having custody of
29 the minor children of the sentenced parent for the support of
30 said minor children until further order of the Court.
31 If there is a unity of interest and ownership sufficient
32 to render no financial separation between a non-custodial
33 parent and another person or persons or business entity, the
34 court may pierce the ownership veil of the person, persons,
-14- LRB9111863DJcd
1 or business entity to discover assets of the non-custodial
2 parent held in the name of that person, those persons, or
3 that business entity. The following circumstances are
4 sufficient to authorize a court to order discovery of the
5 assets of a person, persons, or business entity and to compel
6 the application of any discovered assets toward payment on
7 the judgment for support:
8 (1) the non-custodial parent and the person,
9 persons, or business entity maintain records together.
10 (2) the non-custodial parent and the person,
11 persons, or business entity fail to maintain an arms
12 length relationship between themselves with regard to any
13 assets.
14 (3) the non-custodial parent transfers assets to
15 the person, persons, or business entity with the intent
16 to perpetrate a fraud on the custodial parent.
17 With respect to assets which are real property, no order
18 entered under this paragraph shall affect the rights of bona
19 fide purchasers, mortgagees, judgment creditors, or other
20 lien holders who acquire their interests in the property
21 prior to the time a notice of lis pendens pursuant to the
22 Code of Civil Procedure or a copy of the order is placed of
23 record in the office of the recorder of deeds for the county
24 in which the real property is located.
25 The court may also order in cases where the parent is 90
26 days or more delinquent in payment of support or has been
27 adjudicated in arrears in an amount equal to 90 days
28 obligation or more, that the parent's Illinois driving
29 privileges be suspended until the court determines that the
30 parent is in compliance with the order of support. The court
31 may also order that the parent be issued a family financial
32 responsibility driving permit that would allow limited
33 driving privileges for employment and medical purposes in
34 accordance with Section 7-702.1 of the Illinois Vehicle Code.
-15- LRB9111863DJcd
1 The clerk of the circuit court shall certify the order
2 suspending the driving privileges of the parent or granting
3 the issuance of a family financial responsibility driving
4 permit to the Secretary of State on forms prescribed by the
5 Secretary. Upon receipt of the authenticated documents, the
6 Secretary of State shall suspend the parent's driving
7 privileges until further order of the court and shall, if
8 ordered by the court, subject to the provisions of Section
9 7-702.1 of the Illinois Vehicle Code, issue a family
10 financial responsibility driving permit to the parent.
11 In addition to the penalties or punishment that may be
12 imposed under this Section, any person whose conduct
13 constitutes a violation of Section 15 1 of the Non-Support
14 Punishment of Spouse and Children Act may be prosecuted under
15 that Act Section, and a person convicted under that Act
16 Section may be sentenced in accordance with that Act Section.
17 The sentence may include but need not be limited to a
18 requirement that the person perform community service under
19 Section 50 subsection (b) of that Act Section or participate
20 in a work alternative program under Section 50 subsection (c)
21 of that Act Section. A person may not be required to
22 participate in a work alternative program under Section 50
23 subsection (c) of that Act Section if the person is currently
24 participating in a work program pursuant to Section 505.1 of
25 this Act.
26 A support obligation, or any portion of a support
27 obligation, which becomes due and remains unpaid for 30 days
28 or more shall accrue interest at the rate of 9% per annum.
29 (c) A one-time charge of 20% is imposable upon the
30 amount of past-due child support owed on July 1, 1988 which
31 has accrued under a support order entered by the court. The
32 charge shall be imposed in accordance with the provisions of
33 Section 10-21 of the Illinois Public Aid Code and shall be
34 enforced by the court upon petition.
-16- LRB9111863DJcd
1 (d) Any new or existing support order entered by the
2 court under this Section shall be deemed to be a series of
3 judgments against the person obligated to pay support
4 thereunder, each such judgment to be in the amount of each
5 payment or installment of support and each such judgment to
6 be deemed entered as of the date the corresponding payment or
7 installment becomes due under the terms of the support order.
8 Each such judgment shall have the full force, effect and
9 attributes of any other judgment of this State, including the
10 ability to be enforced. A lien arises by operation of law
11 against the real and personal property of the noncustodial
12 parent for each installment of overdue support owed by the
13 noncustodial parent.
14 (e) When child support is to be paid through the clerk
15 of the court in a county of 1,000,000 inhabitants or less,
16 the order shall direct the obligor to pay to the clerk, in
17 addition to the child support payments, all fees imposed by
18 the county board under paragraph (3) of subsection (u) of
19 Section 27.1 of the Clerks of Courts Act. Unless paid in
20 cash or pursuant to an order for withholding, the payment of
21 the fee shall be by a separate instrument from the support
22 payment and shall be made to the order of the Clerk.
23 (f) All orders for support, when entered or modified,
24 shall include a provision requiring the obligor to notify the
25 court and, in cases in which a party is receiving child and
26 spouse services under Article X of the Illinois Public Aid
27 Code, the Illinois Department of Public Aid, within 7 days,
28 (i) of the name and address of any new employer of the
29 obligor, (ii) whether the obligor has access to health
30 insurance coverage through the employer or other group
31 coverage and, if so, the policy name and number and the names
32 of persons covered under the policy, and (iii) of any new
33 residential or mailing address or telephone number of the
34 non-custodial parent. In any subsequent action to enforce a
-17- LRB9111863DJcd
1 support order, upon a sufficient showing that a diligent
2 effort has been made to ascertain the location of the
3 non-custodial parent, service of process or provision of
4 notice necessary in the case may be made at the last known
5 address of the non-custodial parent in any manner expressly
6 provided by the Code of Civil Procedure or this Act, which
7 service shall be sufficient for purposes of due process.
8 (g) An order for support shall include a date on which
9 the current support obligation terminates. The termination
10 date shall be no earlier than the date on which the child
11 covered by the order will attain the age of majority or is
12 otherwise emancipated. The order for support shall state that
13 the termination date does not apply to any arrearage that may
14 remain unpaid on that date. Nothing in this subsection shall
15 be construed to prevent the court from modifying the order.
16 (h) An order entered under this Section shall include a
17 provision requiring the obligor to report to the obligee and
18 to the clerk of court within 10 days each time the obligor
19 obtains new employment, and each time the obligor's
20 employment is terminated for any reason. The report shall be
21 in writing and shall, in the case of new employment, include
22 the name and address of the new employer. Failure to report
23 new employment or the termination of current employment, if
24 coupled with nonpayment of support for a period in excess of
25 60 days, is indirect criminal contempt. For any obligor
26 arrested for failure to report new employment bond shall be
27 set in the amount of the child support that should have been
28 paid during the period of unreported employment. An order
29 entered under this Section shall also include a provision
30 requiring the obligor and obligee parents to advise each
31 other of a change in residence within 5 days of the change
32 except when the court finds that the physical, mental, or
33 emotional health of a party or that of a minor child, or
34 both, would be seriously endangered by disclosure of the
-18- LRB9111863DJcd
1 party's address.
2 (Source: P.A. 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
3 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-733, eff.
4 8-11-98; 91-113, eff. 7-15-99; 91-397, eff. 1-1-00; revised
5 10-13-99.)
6 (Text of Section after amendment by P.A. 91-655)
7 Sec. 505. Child support; contempt; penalties.
8 (a) In a proceeding for dissolution of marriage, legal
9 separation, declaration of invalidity of marriage, a
10 proceeding for child support following dissolution of the
11 marriage by a court which lacked personal jurisdiction over
12 the absent spouse, a proceeding for modification of a
13 previous order for child support under Section 510 of this
14 Act, or any proceeding authorized under Section 501 or 601 of
15 this Act, the court may order either or both parents owing a
16 duty of support to a child of the marriage to pay an amount
17 reasonable and necessary for his support, without regard to
18 marital misconduct. The duty of support owed to a minor
19 child includes the obligation to provide for the reasonable
20 and necessary physical, mental and emotional health needs of
21 the child.
22 (1) The Court shall determine the minimum amount of
23 support by using the following guidelines:
24 Number of Children Percent of Supporting Party's
25 Net Income
26 1 20%
27 2 25%
28 3 32%
29 4 40%
30 5 45%
31 6 or more 50%
32 (2) The above guidelines shall be applied in each
33 case unless the court makes a finding that application of
34 the guidelines would be inappropriate, after considering
-19- LRB9111863DJcd
1 the best interests of the child in light of evidence
2 including but not limited to one or more of the following
3 relevant factors:
4 (a) the financial resources and needs of the
5 child;
6 (b) the financial resources and needs of the
7 custodial parent;
8 (c) the standard of living the child would
9 have enjoyed had the marriage not been dissolved;
10 (d) the physical and emotional condition of
11 the child, and his educational needs; and
12 (e) the financial resources and needs of the
13 non-custodial parent.
14 If the court deviates from the guidelines, the
15 court's finding shall state the amount of support that
16 would have been required under the guidelines, if
17 determinable. The court shall include the reason or
18 reasons for the variance from the guidelines.
19 (3) "Net income" is defined as the total of all
20 income from all sources, minus the following deductions:
21 (a) Federal income tax (properly calculated
22 withholding or estimated payments);
23 (b) State income tax (properly calculated
24 withholding or estimated payments);
25 (c) Social Security (FICA payments);
26 (d) Mandatory retirement contributions
27 required by law or as a condition of employment;
28 (e) Union dues;
29 (f) Dependent and individual
30 health/hospitalization insurance premiums;
31 (g) Prior obligations of support or
32 maintenance actually paid pursuant to a court order;
33 (h) Expenditures for repayment of debts that
34 represent reasonable and necessary expenses for the
-20- LRB9111863DJcd
1 production of income, medical expenditures necessary
2 to preserve life or health, reasonable expenditures
3 for the benefit of the child and the other parent,
4 exclusive of gifts. The court shall reduce net
5 income in determining the minimum amount of support
6 to be ordered only for the period that such payments
7 are due and shall enter an order containing
8 provisions for its self-executing modification upon
9 termination of such payment period.
10 (4) In cases where the court order provides for
11 health/hospitalization insurance coverage pursuant to
12 Section 505.2 of this Act, the premiums for that
13 insurance, or that portion of the premiums for which the
14 supporting party is responsible in the case of insurance
15 provided through an employer's health insurance plan
16 where the employer pays a portion of the premiums, shall
17 be subtracted from net income in determining the minimum
18 amount of support to be ordered.
19 (4.5) In a proceeding for child support following
20 dissolution of the marriage by a court that lacked
21 personal jurisdiction over the absent spouse, and in
22 which the court is requiring payment of support for the
23 period before the date an order for current support is
24 entered, there is a rebuttable presumption that the
25 supporting party's net income for the prior period was
26 the same as his or her net income at the time the order
27 for current support is entered.
28 (5) If the net income cannot be determined because
29 of default or any other reason, the court shall order
30 support in an amount considered reasonable in the
31 particular case. The final order in all cases shall
32 state the support level in dollar amounts. However, if
33 the court finds that the child support amount cannot be
34 expressed exclusively as a dollar amount because all or a
-21- LRB9111863DJcd
1 portion of the payor's net income is uncertain as to
2 source, time of payment, or amount, the court may order a
3 percentage amount of support in addition to a specific
4 dollar amount and enter such other orders as may be
5 necessary to determine and enforce, on a timely basis,
6 the applicable support ordered.
7 In ordering child support in a proceeding described in
8 this subsection, the court may disregard a spouse's voluntary
9 change in employment, income, or assets made during the
10 period commencing 6 months before the date on which the
11 petition for dissolution of marriage or declaration of
12 invalidity of marriage was filed and ending on the date of
13 the court's order for child support.
14 (a-5) In an action to enforce an order for support based
15 on the respondent's failure to make support payments as
16 required by the order, notice of proceedings to hold the
17 respondent in contempt for that failure may be served on the
18 respondent by personal service or by regular mail addressed
19 to the respondent's last known address. The respondent's
20 last known address may be determined from records of the
21 clerk of the court, from the Federal Case Registry of Child
22 Support Orders, or by any other reasonable means.
23 (b) Failure of either parent to comply with an order to
24 pay support shall be punishable as in other cases of
25 contempt. In addition to other penalties provided by law the
26 Court may, after finding the parent guilty of contempt, order
27 that the parent be:
28 (1) placed on probation with such conditions of
29 probation as the Court deems advisable;
30 (2) sentenced to periodic imprisonment for a period
31 not to exceed 6 months; provided, however, that the Court
32 may permit the parent to be released for periods of time
33 during the day or night to:
34 (A) work; or
-22- LRB9111863DJcd
1 (B) conduct a business or other self-employed
2 occupation.
3 The Court may further order any part or all of the
4 earnings of a parent during a sentence of periodic
5 imprisonment paid to the Clerk of the Circuit Court or to the
6 parent having custody or to the guardian having custody of
7 the minor children of the sentenced parent for the support of
8 said minor children until further order of the Court.
9 If there is a unity of interest and ownership sufficient
10 to render no financial separation between a non-custodial
11 parent and another person or persons or business entity, the
12 court may pierce the ownership veil of the person, persons,
13 or business entity to discover assets of the non-custodial
14 parent held in the name of that person, those persons, or
15 that business entity. The following circumstances are
16 sufficient to authorize a court to order discovery of the
17 assets of a person, persons, or business entity and to compel
18 the application of any discovered assets toward payment on
19 the judgment for support:
20 (1) the non-custodial parent and the person,
21 persons, or business entity maintain records together.
22 (2) the non-custodial parent and the person,
23 persons, or business entity fail to maintain an arms
24 length relationship between themselves with regard to any
25 assets.
26 (3) the non-custodial parent transfers assets to
27 the person, persons, or business entity with the intent
28 to perpetrate a fraud on the custodial parent.
29 With respect to assets which are real property, no order
30 entered under this paragraph shall affect the rights of bona
31 fide purchasers, mortgagees, judgment creditors, or other
32 lien holders who acquire their interests in the property
33 prior to the time a notice of lis pendens pursuant to the
34 Code of Civil Procedure or a copy of the order is placed of
-23- LRB9111863DJcd
1 record in the office of the recorder of deeds for the county
2 in which the real property is located.
3 The court may also order in cases where the parent is 90
4 days or more delinquent in payment of support or has been
5 adjudicated in arrears in an amount equal to 90 days
6 obligation or more, that the parent's Illinois driving
7 privileges be suspended until the court determines that the
8 parent is in compliance with the order of support. The court
9 may also order that the parent be issued a family financial
10 responsibility driving permit that would allow limited
11 driving privileges for employment and medical purposes in
12 accordance with Section 7-702.1 of the Illinois Vehicle Code.
13 The clerk of the circuit court shall certify the order
14 suspending the driving privileges of the parent or granting
15 the issuance of a family financial responsibility driving
16 permit to the Secretary of State on forms prescribed by the
17 Secretary. Upon receipt of the authenticated documents, the
18 Secretary of State shall suspend the parent's driving
19 privileges until further order of the court and shall, if
20 ordered by the court, subject to the provisions of Section
21 7-702.1 of the Illinois Vehicle Code, issue a family
22 financial responsibility driving permit to the parent.
23 In addition to the penalties or punishment that may be
24 imposed under this Section, any person whose conduct
25 constitutes a violation of Section 15 1 of the Non-Support
26 Punishment of Spouse and Children Act may be prosecuted under
27 that Act Section, and a person convicted under that Act
28 Section may be sentenced in accordance with that Act Section.
29 The sentence may include but need not be limited to a
30 requirement that the person perform community service under
31 Section 50 subsection (b) of that Act Section or participate
32 in a work alternative program under Section 50 subsection (c)
33 of that Act Section. A person may not be required to
34 participate in a work alternative program under Section 50
-24- LRB9111863DJcd
1 subsection (c) of that Act Section if the person is currently
2 participating in a work program pursuant to Section 505.1 of
3 this Act.
4 A support obligation, or any portion of a support
5 obligation, which becomes due and remains unpaid for 30 days
6 or more shall accrue interest at the rate of 9% per annum.
7 (c) A one-time charge of 20% is imposable upon the
8 amount of past-due child support owed on July 1, 1988 which
9 has accrued under a support order entered by the court. The
10 charge shall be imposed in accordance with the provisions of
11 Section 10-21 of the Illinois Public Aid Code and shall be
12 enforced by the court upon petition.
13 (d) Any new or existing support order entered by the
14 court under this Section shall be deemed to be a series of
15 judgments against the person obligated to pay support
16 thereunder, each such judgment to be in the amount of each
17 payment or installment of support and each such judgment to
18 be deemed entered as of the date the corresponding payment or
19 installment becomes due under the terms of the support order.
20 Each such judgment shall have the full force, effect and
21 attributes of any other judgment of this State, including the
22 ability to be enforced. A lien arises by operation of law
23 against the real and personal property of the noncustodial
24 parent for each installment of overdue support owed by the
25 noncustodial parent.
26 (e) When child support is to be paid through the clerk
27 of the court in a county of 1,000,000 inhabitants or less,
28 the order shall direct the obligor to pay to the clerk, in
29 addition to the child support payments, all fees imposed by
30 the county board under paragraph (3) of subsection (u) of
31 Section 27.1 of the Clerks of Courts Act. Unless paid in
32 cash or pursuant to an order for withholding, the payment of
33 the fee shall be by a separate instrument from the support
34 payment and shall be made to the order of the Clerk.
-25- LRB9111863DJcd
1 (f) All orders for support, when entered or modified,
2 shall include a provision requiring the obligor to notify the
3 court and, in cases in which a party is receiving child and
4 spouse services under Article X of the Illinois Public Aid
5 Code, the Illinois Department of Public Aid, within 7 days,
6 (i) of the name and address of any new employer of the
7 obligor, (ii) whether the obligor has access to health
8 insurance coverage through the employer or other group
9 coverage and, if so, the policy name and number and the names
10 of persons covered under the policy, and (iii) of any new
11 residential or mailing address or telephone number of the
12 non-custodial parent. In any subsequent action to enforce a
13 support order, upon a sufficient showing that a diligent
14 effort has been made to ascertain the location of the
15 non-custodial parent, service of process or provision of
16 notice necessary in the case may be made at the last known
17 address of the non-custodial parent in any manner expressly
18 provided by the Code of Civil Procedure or this Act, which
19 service shall be sufficient for purposes of due process.
20 (g) An order for support shall include a date on which
21 the current support obligation terminates. The termination
22 date shall be no earlier than the date on which the child
23 covered by the order will attain the age of majority or is
24 otherwise emancipated. The order for support shall state
25 that the termination date does not apply to any arrearage
26 that may remain unpaid on that date. Nothing in this
27 subsection shall be construed to prevent the court from
28 modifying the order.
29 (h) An order entered under this Section shall include a
30 provision requiring the obligor to report to the obligee and
31 to the clerk of court within 10 days each time the obligor
32 obtains new employment, and each time the obligor's
33 employment is terminated for any reason. The report shall be
34 in writing and shall, in the case of new employment, include
-26- LRB9111863DJcd
1 the name and address of the new employer. Failure to report
2 new employment or the termination of current employment, if
3 coupled with nonpayment of support for a period in excess of
4 60 days, is indirect criminal contempt. For any obligor
5 arrested for failure to report new employment bond shall be
6 set in the amount of the child support that should have been
7 paid during the period of unreported employment. An order
8 entered under this Section shall also include a provision
9 requiring the obligor and obligee parents to advise each
10 other of a change in residence within 5 days of the change
11 except when the court finds that the physical, mental, or
12 emotional health of a party or that of a minor child, or
13 both, would be seriously endangered by disclosure of the
14 party's address.
15 (Source: P.A. 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
16 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-733, eff.
17 8-11-98; 91-113, eff. 7-15-99; 91-397, eff. 1-1-00; 91-655,
18 eff. 6-1-00; revised 12-29-99.)
19 Section 95. No acceleration or delay. Where this Act
20 makes changes in a statute that is represented in this Act by
21 text that is not yet or no longer in effect (for example, a
22 Section represented by multiple versions), the use of that
23 text does not accelerate or delay the taking effect of (i)
24 the changes made by this Act or (ii) provisions derived from
25 any other Public Act.