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91_SB1264
LRB9107684WHdv
1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Section 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 Section 505 as follows:
7 (750 ILCS 5/505) (from Ch. 40, par. 505)
8 Sec. 505. Child support; contempt; penalties.
9 (a) In a proceeding for dissolution of marriage, legal
10 separation, declaration of invalidity of marriage, a
11 proceeding for child support following dissolution of the
12 marriage by a court which lacked personal jurisdiction over
13 the absent spouse, a proceeding for modification of a
14 previous order for child support under Section 510 of this
15 Act, or any proceeding authorized under Section 501 or 601 of
16 this Act, the court may order either or both parents owing a
17 duty of support to a child of the marriage to pay an amount
18 reasonable and necessary for his support, without regard to
19 marital misconduct. The duty of support owed to a minor
20 child includes the obligation to provide for the reasonable
21 and necessary physical, mental and emotional health needs of
22 the child.
23 (1) The Court shall determine the minimum amount of
24 support by using the following guidelines:
25 Number of Children Percent of Supporting Party's
26 Net Income
27 1 20%
28 2 25%
29 3 32%
30 4 40%
31 5 45%
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1 6 or more 50%
2 (2) The above guidelines shall be applied in each
3 case unless the court makes a finding that application of
4 the guidelines would be inappropriate, after considering
5 the best interests of the child in light of evidence
6 including but not limited to one or more of the following
7 relevant factors:
8 (a) the financial resources and needs of the
9 child;
10 (b) the financial resources and needs of the
11 custodial parent;
12 (c) the standard of living the child would
13 have enjoyed had the marriage not been dissolved;
14 (d) the physical and emotional condition of
15 the child, and his educational needs; and
16 (e) the financial resources and needs of the
17 non-custodial parent.
18 If the court deviates from the guidelines, the
19 court's finding shall state the amount of support that
20 would have been required under the guidelines, if
21 determinable. The court shall include the reason or
22 reasons for the variance from the guidelines.
23 (3) "Net income" is defined as the total of all
24 income from all sources, minus the following deductions:
25 (a) Federal income tax (properly calculated
26 withholding or estimated payments);
27 (b) State income tax (properly calculated
28 withholding or estimated payments);
29 (c) Social Security (FICA payments);
30 (d) Mandatory retirement contributions
31 required by law or as a condition of employment;
32 (e) Union dues;
33 (f) Dependent and individual
34 health/hospitalization insurance premiums;
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1 (g) Prior obligations of support or
2 maintenance actually paid pursuant to a court order;
3 (h) Expenditures for repayment of debts that
4 represent reasonable and necessary expenses for the
5 production of income, medical expenditures necessary
6 to preserve life or health, reasonable expenditures
7 for the benefit of the child and the other parent,
8 exclusive of gifts. The court shall reduce net
9 income in determining the minimum amount of support
10 to be ordered only for the period that such payments
11 are due and shall enter an order containing
12 provisions for its self-executing modification upon
13 termination of such payment period;
14 (i) Amounts properly deducted for federal
15 income tax purposes for farm machinery depreciation.
16 (4) In cases where the court order provides for
17 health/hospitalization insurance coverage pursuant to
18 Section 505.2 of this Act, the premiums for that
19 insurance, or that portion of the premiums for which the
20 supporting party is responsible in the case of insurance
21 provided through an employer's health insurance plan
22 where the employer pays a portion of the premiums, shall
23 be subtracted from net income in determining the minimum
24 amount of support to be ordered.
25 (4.5) In a proceeding for child support following
26 dissolution of the marriage by a court that lacked
27 personal jurisdiction over the absent spouse, and in
28 which the court is requiring payment of support for the
29 period before the date an order for current support is
30 entered, there is a rebuttable presumption that the
31 supporting party's net income for the prior period was
32 the same as his or her net income at the time the order
33 for current support is entered.
34 (5) If the net income cannot be determined because
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1 of default or any other reason, the court shall order
2 support in an amount considered reasonable in the
3 particular case. The final order in all cases shall
4 state the support level in dollar amounts.
5 (a-5) In an action to enforce an order for support based
6 on the respondent's failure to make support payments as
7 required by the order, notice of proceedings to hold the
8 respondent in contempt for that failure may be served on the
9 respondent by personal service or by regular mail addressed
10 to the respondent's last known address. The respondent's
11 last known address may be determined from records of the
12 clerk of the court, from the Federal Case Registry of Child
13 Support Orders, or by any other reasonable means.
14 (b) Failure of either parent to comply with an order to
15 pay support shall be punishable as in other cases of
16 contempt. In addition to other penalties provided by law the
17 Court may, after finding the parent guilty of contempt, order
18 that the parent be:
19 (1) placed on probation with such conditions of
20 probation as the Court deems advisable;
21 (2) sentenced to periodic imprisonment for a period
22 not to exceed 6 months; provided, however, that the Court
23 may permit the parent to be released for periods of time
24 during the day or night to:
25 (A) work; or
26 (B) conduct a business or other self-employed
27 occupation.
28 The Court may further order any part or all of the
29 earnings of a parent during a sentence of periodic
30 imprisonment paid to the Clerk of the Circuit Court or to the
31 parent having custody or to the guardian having custody of
32 the minor children of the sentenced parent for the support of
33 said minor children until further order of the Court.
34 If there is a unity of interest and ownership sufficient
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1 to render no financial separation between a non-custodial
2 parent and another person or persons or business entity, the
3 court may pierce the ownership veil of the person, persons,
4 or business entity to discover assets of the non-custodial
5 parent held in the name of that person, those persons, or
6 that business entity. The following circumstances are
7 sufficient to authorize a court to order discovery of the
8 assets of a person, persons, or business entity and to compel
9 the application of any discovered assets toward payment on
10 the judgment for support:
11 (1) the non-custodial parent and the person,
12 persons, or business entity maintain records together.
13 (2) the non-custodial parent and the person,
14 persons, or business entity fail to maintain an arms
15 length relationship between themselves with regard to any
16 assets.
17 (3) the non-custodial parent transfers assets to
18 the person, persons, or business entity with the intent
19 to perpetrate a fraud on the custodial parent.
20 With respect to assets which are real property, no order
21 entered under this paragraph shall affect the rights of bona
22 fide purchasers, mortgagees, judgment creditors, or other
23 lien holders who acquire their interests in the property
24 prior to the time a notice of lis pendens pursuant to the
25 Code of Civil Procedure or a copy of the order is placed of
26 record in the office of the recorder of deeds for the county
27 in which the real property is located.
28 The court may also order in cases where the parent is 90
29 days or more delinquent in payment of support or has been
30 adjudicated in arrears in an amount equal to 90 days
31 obligation or more, that the parent's Illinois driving
32 privileges be suspended until the court determines that the
33 parent is in compliance with the order of support. The court
34 may also order that the parent be issued a family financial
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1 responsibility driving permit that would allow limited
2 driving privileges for employment and medical purposes in
3 accordance with Section 7-702.1 of the Illinois Vehicle Code.
4 The clerk of the circuit court shall certify the order
5 suspending the driving privileges of the parent or granting
6 the issuance of a family financial responsibility driving
7 permit to the Secretary of State on forms prescribed by the
8 Secretary. Upon receipt of the authenticated documents, the
9 Secretary of State shall suspend the parent's driving
10 privileges until further order of the court and shall, if
11 ordered by the court, subject to the provisions of Section
12 7-702.1 of the Illinois Vehicle Code, issue a family
13 financial responsibility driving permit to the parent.
14 In addition to the penalties or punishment that may be
15 imposed under this Section, any person whose conduct
16 constitutes a violation of Section 1 of the Non-Support of
17 Spouse and Children Act may be prosecuted under that Section,
18 and a person convicted under that Section may be sentenced in
19 accordance with that Section. The sentence may include but
20 need not be limited to a requirement that the person perform
21 community service under subsection (b) of that Section or
22 participate in a work alternative program under subsection
23 (c) of that Section. A person may not be required to
24 participate in a work alternative program under subsection
25 (c) of that Section if the person is currently participating
26 in a work program pursuant to Section 505.1 of this Act.
27 A support obligation, or any portion of a support
28 obligation, which becomes due and remains unpaid for 30 days
29 or more shall accrue interest at the rate of 9% per annum.
30 (c) A one-time charge of 20% is imposable upon the
31 amount of past-due child support owed on July 1, 1988 which
32 has accrued under a support order entered by the court. The
33 charge shall be imposed in accordance with the provisions of
34 Section 10-21 of the Illinois Public Aid Code and shall be
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1 enforced by the court upon petition.
2 (d) Any new or existing support order entered by the
3 court under this Section shall be deemed to be a series of
4 judgments against the person obligated to pay support
5 thereunder, each such judgment to be in the amount of each
6 payment or installment of support and each such judgment to
7 be deemed entered as of the date the corresponding payment or
8 installment becomes due under the terms of the support order.
9 Each such judgment shall have the full force, effect and
10 attributes of any other judgment of this State, including the
11 ability to be enforced. A lien arises by operation of law
12 against the real and personal property of the noncustodial
13 parent for each installment of overdue support owed by the
14 noncustodial parent.
15 (e) When child support is to be paid through the clerk
16 of the court in a county of 1,000,000 inhabitants or less,
17 the order shall direct the obligor to pay to the clerk, in
18 addition to the child support payments, all fees imposed by
19 the county board under paragraph (3) of subsection (u) of
20 Section 27.1 of the Clerks of Courts Act. Unless paid in
21 cash or pursuant to an order for withholding, the payment of
22 the fee shall be by a separate instrument from the support
23 payment and shall be made to the order of the Clerk.
24 (f) All orders for support, when entered or modified,
25 shall include a provision requiring the obligor to notify the
26 court and, in cases in which a party is receiving child and
27 spouse services under Article X of the Illinois Public Aid
28 Code, the Illinois Department of Public Aid, within 7 days,
29 (i) of the name and address of any new employer of the
30 obligor, (ii) whether the obligor has access to health
31 insurance coverage through the employer or other group
32 coverage and, if so, the policy name and number and the names
33 of persons covered under the policy, and (iii) of any new
34 residential or mailing address or telephone number of the
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1 non-custodial parent. In any subsequent action to enforce a
2 support order, upon a sufficient showing that a diligent
3 effort has been made to ascertain the location of the
4 non-custodial parent, service of process or provision of
5 notice necessary in the case may be made at the last known
6 address of the non-custodial parent in any manner expressly
7 provided by the Code of Civil Procedure or this Act, which
8 service shall be sufficient for purposes of due process.
9 (g) An order for support shall include a date on which
10 the current support obligation terminates. The termination
11 date shall be no earlier than the date on which the child
12 covered by the order will attain the age of majority or is
13 otherwise emancipated. The order for support shall state that
14 the termination date does not apply to any arrearage that may
15 remain unpaid on that date. Nothing in this subsection shall
16 be construed to prevent the court from modifying the order.
17 (h) An order entered under this Section shall include a
18 provision requiring the obligor to report to the obligee and
19 to the clerk of court within 10 days each time the obligor
20 obtains new employment, and each time the obligor's
21 employment is terminated for any reason. The report shall be
22 in writing and shall, in the case of new employment, include
23 the name and address of the new employer. Failure to report
24 new employment or the termination of current employment, if
25 coupled with nonpayment of support for a period in excess of
26 60 days, is indirect criminal contempt. For any obligor
27 arrested for failure to report new employment bond shall be
28 set in the amount of the child support that should have been
29 paid during the period of unreported employment. An order
30 entered under this Section shall also include a provision
31 requiring the obligor and obligee parents to advise each
32 other of a change in residence within 5 days of the change
33 except when the court finds that the physical, mental, or
34 emotional health of a party or that of a minor child, or
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1 both, would be seriously endangered by disclosure of the
2 party's address.
3 (Source: P.A. 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
4 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-733, eff.
5 8-11-98; 91-113, eff. 7-15-99; 91-397, eff. 1-1-00; revised
6 9-28-99.)