Public Act 93-0148

HB2863 Enrolled                      LRB093 09952 LCB 10203 b

    AN ACT concerning child support.

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

    Section  5.   The  Illinois  Marriage  and Dissolution of
Marriage Act is amended by changing Section 505 as follows:

    (750 ILCS 5/505) (from Ch. 40, par. 505)
    (Text of Section before amendment by P.A. 92-876)
    Sec. 505.  Child support; contempt; penalties.
    (a)  In a proceeding for dissolution of  marriage,  legal
separation,   declaration   of   invalidity  of  marriage,  a
proceeding for child support  following  dissolution  of  the
marriage  by  a court which lacked personal jurisdiction over
the  absent  spouse,  a  proceeding  for  modification  of  a
previous order for child support under Section  510  of  this
Act, or any proceeding authorized under Section 501 or 601 of
this  Act, the court may order either or both parents owing a
duty of support to a child of the marriage to pay  an  amount
reasonable  and  necessary for his support, without regard to
marital misconduct. The duty of  support   owed  to  a  minor
child  includes  the obligation to provide for the reasonable
and necessary physical, mental and emotional health needs  of
the child.
         (1)  The Court shall determine the minimum amount of
    support by using the following guidelines:
      Number of Children       Percent of Supporting Party's
                                         Net Income
              1                             20%
              2                            28%25%
              3                             32%
              4                             40%
              5                             45%
          6 or more                         50%
         (2)  The  above  guidelines shall be applied in each
    case unless the court makes a finding that application of
    the guidelines would be inappropriate, after  considering
    the  best  interests  of  the  child in light of evidence
    including but not limited to one or more of the following
    relevant factors:
              (a)  the financial resources and needs  of  the
         child;
              (b)  the  financial  resources and needs of the
         custodial parent;
              (c)  the standard of  living  the  child  would
         have enjoyed had the marriage not been dissolved;
              (d)  the  physical  and  emotional condition of
         the child, and his educational needs; and
              (e)  the financial resources and needs  of  the
         non-custodial parent.
         If  the  court  deviates  from  the  guidelines, the
    court's finding shall state the amount  of  support  that
    would   have  been  required  under  the  guidelines,  if
    determinable.  The court  shall  include  the  reason  or
    reasons for the variance from the guidelines.
         (3)  "Net  income"  is  defined  as the total of all
    income from all sources, minus the following deductions:
              (a)  Federal income  tax  (properly  calculated
         withholding or estimated payments);
              (b)  State   income  tax  (properly  calculated
         withholding or estimated payments);
              (c)  Social Security (FICA payments);
              (d)  Mandatory     retirement     contributions
         required by law or as a condition of employment;
              (e)  Union dues;
              (f)  Dependent          and          individual
         health/hospitalization insurance premiums;
              (g)  Prior   obligations    of    support    or
         maintenance actually paid pursuant to a court order;
              (h)  Expenditures  for  repayment of debts that
         represent reasonable and necessary expenses for  the
         production of income, medical expenditures necessary
         to  preserve life or health, reasonable expenditures
         for the benefit of the child and the  other  parent,
         exclusive  of  gifts.   The  court  shall reduce net
         income in determining the minimum amount of  support
         to be ordered only for the period that such payments
         are   due   and  shall  enter  an  order  containing
         provisions for its self-executing modification  upon
         termination of such payment period.
         (4)  In  cases  where  the  court order provides for
    health/hospitalization  insurance  coverage  pursuant  to
    Section  505.2  of  this  Act,  the  premiums  for   that
    insurance,  or that portion of the premiums for which the
    supporting party is responsible in the case of  insurance
    provided  through  an  employer's  health  insurance plan
    where the employer pays a portion of the premiums,  shall
    be  subtracted from net income in determining the minimum
    amount of support to be ordered.
         (4.5)  In a proceeding for child  support  following
    dissolution  of  the  marriage  by  a  court  that lacked
    personal jurisdiction over  the  absent  spouse,  and  in
    which  the  court is requiring payment of support for the
    period before the date an order for  current  support  is
    entered,  there  is  a  rebuttable  presumption  that the
    supporting party's net income for the  prior  period  was
    the  same  as his or her net income at the time the order
    for current support is entered.
         (5)  If the net income cannot be determined  because
    of  default  or  any  other reason, the court shall order
    support  in  an  amount  considered  reasonable  in   the
    particular  case.   The  final  order  in all cases shall
    state the support level in dollar  amounts.  However,  if
    the  court  finds that the child support amount cannot be
    expressed exclusively as a dollar amount because all or a
    portion of the payor's net  income  is  uncertain  as  to
    source, time of payment, or amount, the court may order a
    percentage  amount  of  support in addition to a specific
    dollar amount and enter  such  other  orders  as  may  be
    necessary  to  determine  and enforce, on a timely basis,
    the applicable support ordered.
         (6)  If (i) the non-custodial  parent  was  properly
    served   with   a  request  for  discovery  of  financial
    information  relating  to  the   non-custodial   parent's
    ability  to provide child support, (ii) the non-custodial
    parent failed to comply with the request, despite  having
    been  ordered  to  do  so  by  the  court,  and (iii) the
    non-custodial parent is not present  at  the  hearing  to
    determine  support despite having received proper notice,
    then any relevant financial  information  concerning  the
    non-custodial  parent's  ability to provide child support
    that was obtained pursuant to subpoena and proper  notice
    shall  be  admitted  into  evidence  without  the need to
    establish any further foundation for its admission.
    (a-5)  In an action to enforce an order for support based
on the respondent's  failure  to  make  support  payments  as
required  by  the  order,  notice  of proceedings to hold the
respondent in contempt for that failure may be served on  the
respondent  by  personal service or by regular mail addressed
to the respondent's last known address. The respondent's last
known address may be determined from records of the clerk  of
the  court,  from  the Federal Case Registry of Child Support
Orders, or by any other reasonable means.
    (b)  Failure of either parent to comply with an order  to
pay  support  shall  be  punishable  as  in  other  cases  of
contempt.  In addition to other penalties provided by law the
Court may, after finding the parent guilty of contempt, order
that the parent be:
         (1)  placed  on  probation  with  such conditions of
    probation as the Court deems advisable;
         (2)  sentenced to periodic imprisonment for a period
    not to exceed 6 months; provided, however, that the Court
    may permit the parent to be released for periods of  time
    during the day or night to:
              (A)  work; or
              (B)  conduct  a business or other self-employed
         occupation.
    The Court may further  order  any  part  or  all  of  the
earnings   of   a   parent  during  a  sentence  of  periodic
imprisonment paid to the Clerk of the Circuit Court or to the
parent having custody or to the guardian  having  custody  of
the minor children of the sentenced parent for the support of
said minor children until further order of the Court.
    If  there is a unity of interest and ownership sufficient
to render no financial  separation  between  a  non-custodial
parent  and another person or persons or business entity, the
court may pierce the ownership veil of the  person,  persons,
or  business  entity  to discover assets of the non-custodial
parent held in the name of that  person,  those  persons,  or
that  business  entity.    The  following  circumstances  are
sufficient  to  authorize  a  court to order discovery of the
assets of a person, persons, or business entity and to compel
the application of any discovered assets  toward  payment  on
the judgment for support:
         (1)  the   non-custodial   parent  and  the  person,
    persons, or business entity maintain records together.
         (2)  the  non-custodial  parent  and   the   person,
    persons,  or  business  entity  fail  to maintain an arms
    length relationship between themselves with regard to any
    assets.
         (3)  the non-custodial parent  transfers  assets  to
    the  person,  persons, or business entity with the intent
    to perpetrate a fraud on the custodial parent.
    With respect to assets which are real property, no  order
entered  under this paragraph shall affect the rights of bona
fide purchasers, mortgagees,  judgment  creditors,  or  other
lien  holders  who   acquire  their interests in the property
prior to the time a notice of lis  pendens  pursuant  to  the
Code  of  Civil Procedure or a copy of the order is placed of
record in the office of the recorder of deeds for the  county
in which the real property is located.
    The  court may also order in cases where the parent is 90
days or more delinquent in payment of  support  or  has  been
adjudicated  in  arrears  in  an  amount  equal  to  90  days
obligation  or  more,  that  the  parent's  Illinois  driving
privileges  be  suspended until the court determines that the
parent is in compliance with the order of support. The  court
may  also  order that the parent be issued a family financial
responsibility  driving  permit  that  would  allow   limited
driving  privileges  for  employment  and medical purposes in
accordance with Section 7-702.1 of the Illinois Vehicle Code.
The clerk of  the  circuit  court  shall  certify  the  order
suspending  the  driving privileges of the parent or granting
the issuance of a  family  financial  responsibility  driving
permit  to  the Secretary of State on forms prescribed by the
Secretary. Upon receipt of the authenticated  documents,  the
Secretary   of  State  shall  suspend  the  parent's  driving
privileges until further order of the  court  and  shall,  if
ordered  by  the  court, subject to the provisions of Section
7-702.1  of  the  Illinois  Vehicle  Code,  issue  a   family
financial responsibility driving permit to the parent.
    In  addition  to  the penalties or punishment that may be
imposed  under  this  Section,  any  person   whose   conduct
constitutes  a  violation  of  Section  15 of the Non-Support
Punishment Act may be prosecuted under that Act, and a person
convicted under that Act may be sentenced in accordance  with
that  Act.   The sentence may include but need not be limited
to a requirement that the person  perform  community  service
under  Section  50  of  that  Act  or  participate  in a work
alternative program under Section 50 of that Act.   A  person
may  not  be  required  to  participate in a work alternative
program under Section  50  of  that  Act  if  the  person  is
currently participating in a work program pursuant to Section
505.1 of this Act.
    A  support  obligation,  or  any  portion  of  a  support
obligation,  which becomes due and remains unpaid for 30 days
or more shall accrue simple interest at the rate  of  9%  per
annum.  An  order for support entered or modified on or after
January 1, 2002 shall contain  a  statement  that  a  support
obligation  required  under  the  order,  or any portion of a
support obligation required under the order, that becomes due
and remains unpaid for 30 days or more  shall  accrue  simple
interest at the rate of 9% per annum.  Failure to include the
statement  in  the  order  for  support  does  not affect the
validity of the order or the accrual of interest as  provided
in this Section.
    (c)  A  one-time  charge  of  20%  is  imposable upon the
amount of past-due child support owed on July 1,  1988  which
has  accrued under a support order entered by the court.  The
charge shall be imposed in accordance with the provisions  of
Section  10-21  of  the Illinois Public Aid Code and shall be
enforced by the court upon petition.
    (d)  Any new or existing support  order  entered  by  the
court  under  this  Section shall be deemed to be a series of
judgments  against  the  person  obligated  to  pay   support
thereunder,  each  such  judgment to be in the amount of each
payment or installment of support and each such  judgment  to
be deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each  such  judgment  shall  have  the full force, effect and
attributes of any other judgment of this State, including the
ability to be enforced. A lien arises  by  operation  of  law
against  the  real  and personal property of the noncustodial
parent for each installment of overdue support  owed  by  the
noncustodial parent.
    (e)  When  child  support is to be paid through the clerk
of the court in a county of 1,000,000  inhabitants  or  less,
the  order  shall  direct the obligor to pay to the clerk, in
addition to the child support payments, all fees  imposed  by
the  county  board  under  paragraph (3) of subsection (u) of
Section 27.1 of the Clerks of Courts  Act.   Unless  paid  in
cash  or pursuant to an order for withholding, the payment of
the fee shall be by a separate instrument  from  the  support
payment and shall be made to the order of the Clerk.
    (f)  All  orders  for  support, when entered or modified,
shall include a provision requiring the obligor to notify the
court and, in cases in which a party is receiving  child  and
spouse  services  under  Article X of the Illinois Public Aid
Code, the Illinois Department of Public Aid, within  7  days,
(i)  of  the  name  and  address  of  any new employer of the
obligor, (ii)  whether  the  obligor  has  access  to  health
insurance  coverage  through  the  employer  or  other  group
coverage and, if so, the policy name and number and the names
of  persons  covered  under  the policy, and (iii) of any new
residential or mailing address or  telephone  number  of  the
non-custodial  parent.  In any subsequent action to enforce a
support order, upon a  sufficient  showing  that  a  diligent
effort  has  been  made  to  ascertain  the  location  of the
non-custodial parent, service  of  process  or  provision  of
notice  necessary  in  the case may be made at the last known
address of the non-custodial parent in any  manner  expressly
provided  by  the  Code of Civil Procedure or this Act, which
service shall be sufficient for purposes of due process.
    (g)  An order for support shall include a date  on  which
the  current  support obligation terminates.  The termination
date shall be no earlier than the date  on  which  the  child
covered  by  the  order will attain the age of majority or is
otherwise emancipated. The order for support shall state that
the termination date does not apply to any arrearage that may
remain unpaid on that date.  Nothing in this subsection shall
be construed to prevent the court from modifying the order.
    (h)  An order entered under this Section shall include  a
provision  requiring the obligor to report to the obligee and
to the clerk of court within 10 days each  time  the  obligor
obtains   new   employment,   and  each  time  the  obligor's
employment is terminated for any reason.  The report shall be
in writing and shall, in the case of new employment,  include
the  name and address of the new employer.  Failure to report
new employment or the termination of current  employment,  if
coupled  with nonpayment of support for a period in excess of
60 days, is indirect  criminal  contempt.   For  any  obligor
arrested  for  failure to report new employment bond shall be
set in the amount of the child support that should have  been
paid  during  the  period of unreported employment.  An order
entered under this Section shall  also  include  a  provision
requiring  the  obligor  and  obligee  parents to advise each
other of a change in residence within 5 days  of  the  change
except  when  the  court  finds that the physical, mental, or
emotional health of a party or that  of  a  minor  child,  or
both,  would  be  seriously  endangered  by disclosure of the
party's address.
    (i)  The court does not  lose  the  powers  of  contempt,
driver's   license   suspension,   or   other  child  support
enforcement  mechanisms,  including,  but  not  limited   to,
criminal  prosecution  as  set  forth  in  this Act, upon the
emancipation of the minor child or children.
(Source: P.A. 91-113,  eff.  7-15-99;  91-397,  eff.  1-1-00;
91-655,   eff.  6-1-00;  91-767,  eff.  6-9-00;  92-16,  eff.
6-28-01; 92-203, eff. 8-1-01; 92-374, eff.  8-15-01;  92-651,
eff. 7-11-02.)

    (Text of Section after amendment by P.A. 92-876)
    Sec. 505.  Child support; contempt; penalties.
    (a)  In  a  proceeding for dissolution of marriage, legal
separation,  declaration  of  invalidity   of   marriage,   a
proceeding  for  child  support  following dissolution of the
marriage by a court which lacked personal  jurisdiction  over
the  absent  spouse,  a  proceeding  for  modification  of  a
previous  order  for  child support under Section 510 of this
Act, or any proceeding authorized under Section 501 or 601 of
this Act, the court may order either or both parents owing  a
duty  of  support to a child of the marriage to pay an amount
reasonable and necessary for his support, without  regard  to
marital  misconduct.  The  duty  of  support  owed to a child
includes the obligation to provide  for  the  reasonable  and
necessary  physical, mental and emotional health needs of the
child. For purposes of this Section, the term  "child"  shall
include any child under age 18 and any child under age 19 who
is still attending high school.
         (1)  The Court shall determine the minimum amount of
    support by using the following guidelines:
      Number of Children       Percent of Supporting Party's
                                         Net Income
              1                             20%
              2                            28%25%
              3                             32%
              4                             40%
              5                             45%
          6 or more                         50%
         (2)  The  above  guidelines shall be applied in each
    case unless the court makes a finding that application of
    the guidelines would be inappropriate, after  considering
    the  best  interests  of  the  child in light of evidence
    including but not limited to one or more of the following
    relevant factors:
              (a)  the financial resources and needs  of  the
         child;
              (b)  the  financial  resources and needs of the
         custodial parent;
              (c)  the standard of  living  the  child  would
         have enjoyed had the marriage not been dissolved;
              (d)  the  physical  and  emotional condition of
         the child, and his educational needs; and
              (e)  the financial resources and needs  of  the
         non-custodial parent.
         If  the  court  deviates  from  the  guidelines, the
    court's finding shall state the amount  of  support  that
    would   have  been  required  under  the  guidelines,  if
    determinable.  The court  shall  include  the  reason  or
    reasons for the variance from the guidelines.
         (3)  "Net  income"  is  defined  as the total of all
    income from all sources, minus the following deductions:
              (a)  Federal income  tax  (properly  calculated
         withholding or estimated payments);
              (b)  State   income  tax  (properly  calculated
         withholding or estimated payments);
              (c)  Social Security (FICA payments);
              (d)  Mandatory     retirement     contributions
         required by law or as a condition of employment;
              (e)  Union dues;
              (f)  Dependent          and          individual
         health/hospitalization insurance premiums;
              (g)  Prior   obligations    of    support    or
         maintenance actually paid pursuant to a court order;
              (h)  Expenditures  for  repayment of debts that
         represent reasonable and necessary expenses for  the
         production of income, medical expenditures necessary
         to  preserve life or health, reasonable expenditures
         for the benefit of the child and the  other  parent,
         exclusive  of  gifts.   The  court  shall reduce net
         income in determining the minimum amount of  support
         to be ordered only for the period that such payments
         are   due   and  shall  enter  an  order  containing
         provisions for its self-executing modification  upon
         termination of such payment period.
         (4)  In  cases  where  the  court order provides for
    health/hospitalization  insurance  coverage  pursuant  to
    Section  505.2  of  this  Act,  the  premiums  for   that
    insurance,  or that portion of the premiums for which the
    supporting party is responsible in the case of  insurance
    provided  through  an  employer's  health  insurance plan
    where the employer pays a portion of the premiums,  shall
    be  subtracted from net income in determining the minimum
    amount of support to be ordered.
         (4.5)  In a proceeding for child  support  following
    dissolution  of  the  marriage  by  a  court  that lacked
    personal jurisdiction over  the  absent  spouse,  and  in
    which  the  court is requiring payment of support for the
    period before the date an order for  current  support  is
    entered,  there  is  a  rebuttable  presumption  that the
    supporting party's net income for the  prior  period  was
    the  same  as his or her net income at the time the order
    for current support is entered.
         (5)  If the net income cannot be determined  because
    of  default  or  any  other reason, the court shall order
    support  in  an  amount  considered  reasonable  in   the
    particular  case.   The  final  order  in all cases shall
    state the support level in dollar  amounts.  However,  if
    the  court  finds that the child support amount cannot be
    expressed exclusively as a dollar amount because all or a
    portion of the payor's net  income  is  uncertain  as  to
    source, time of payment, or amount, the court may order a
    percentage  amount  of  support in addition to a specific
    dollar amount and enter  such  other  orders  as  may  be
    necessary  to  determine  and enforce, on a timely basis,
    the applicable support ordered.
         (6)  If (i) the non-custodial  parent  was  properly
    served   with   a  request  for  discovery  of  financial
    information  relating  to  the   non-custodial   parent's
    ability  to provide child support, (ii) the non-custodial
    parent failed to comply with the request, despite  having
    been  ordered  to  do  so  by  the  court,  and (iii) the
    non-custodial parent is not present  at  the  hearing  to
    determine  support despite having received proper notice,
    then any relevant financial  information  concerning  the
    non-custodial  parent's  ability to provide child support
    that was obtained pursuant to subpoena and proper  notice
    shall  be  admitted  into  evidence  without  the need to
    establish any further foundation for its admission.
    (a-5)  In an action to enforce an order for support based
on the respondent's  failure  to  make  support  payments  as
required  by  the  order,  notice  of proceedings to hold the
respondent in contempt for that failure may be served on  the
respondent  by  personal service or by regular mail addressed
to the respondent's last known address. The respondent's last
known address may be determined from records of the clerk  of
the  court,  from  the Federal Case Registry of Child Support
Orders, or by any other reasonable means.
    (b)  Failure of either parent to comply with an order  to
pay  support  shall  be  punishable  as  in  other  cases  of
contempt.  In addition to other penalties provided by law the
Court may, after finding the parent guilty of contempt, order
that the parent be:
         (1)  placed  on  probation  with  such conditions of
    probation as the Court deems advisable;
         (2)  sentenced to periodic imprisonment for a period
    not to exceed 6 months; provided, however, that the Court
    may permit the parent to be released for periods of  time
    during the day or night to:
              (A)  work; or
              (B)  conduct  a business or other self-employed
         occupation.
    The Court may further  order  any  part  or  all  of  the
earnings   of   a   parent  during  a  sentence  of  periodic
imprisonment paid to the Clerk of the Circuit Court or to the
parent having custody or to the guardian  having  custody  of
the  children of the sentenced parent for the support of said
children until further order of the Court.
    If there is a unity of interest and ownership  sufficient
to  render  no  financial  separation between a non-custodial
parent and another person or persons or business entity,  the
court  may  pierce the ownership veil of the person, persons,
or business entity to discover assets  of  the  non-custodial
parent  held  in  the  name of that person, those persons, or
that  business  entity.    The  following  circumstances  are
sufficient to authorize a court to  order  discovery  of  the
assets of a person, persons, or business entity and to compel
the  application  of  any discovered assets toward payment on
the judgment for support:
         (1)  the  non-custodial  parent  and   the   person,
    persons, or business entity maintain records together.
         (2)  the   non-custodial   parent  and  the  person,
    persons, or business entity  fail  to  maintain  an  arms
    length relationship between themselves with regard to any
    assets.
         (3)  the  non-custodial  parent  transfers assets to
    the person, persons, or business entity with  the  intent
    to perpetrate a fraud on the custodial parent.
    With  respect to assets which are real property, no order
entered under this paragraph shall affect the rights of  bona
fide  purchasers,  mortgagees,  judgment  creditors, or other
lien holders who  acquire their  interests  in  the  property
prior  to  the  time  a notice of lis pendens pursuant to the
Code of Civil Procedure or a copy of the order is  placed  of
record  in the office of the recorder of deeds for the county
in which the real property is located.
    The court may also order in cases where the parent is  90
days  or  more  delinquent  in payment of support or has been
adjudicated  in  arrears  in  an  amount  equal  to  90  days
obligation  or  more,  that  the  parent's  Illinois  driving
privileges be suspended until the court determines  that  the
parent is in compliance with the order of support.  The court
may  also  order that the parent be issued a family financial
responsibility  driving  permit  that  would  allow   limited
driving  privileges  for  employment  and medical purposes in
accordance with Section 7-702.1 of the Illinois Vehicle Code.
The clerk of  the  circuit  court  shall  certify  the  order
suspending  the  driving privileges of the parent or granting
the issuance of a  family  financial  responsibility  driving
permit  to  the Secretary of State on forms prescribed by the
Secretary.  Upon receipt of the authenticated documents,  the
Secretary   of  State  shall  suspend  the  parent's  driving
privileges until further order of the  court  and  shall,  if
ordered  by  the  court, subject to the provisions of Section
7-702.1  of  the  Illinois  Vehicle  Code,  issue  a   family
financial responsibility driving permit to the parent.
    In  addition  to  the penalties or punishment that may be
imposed  under  this  Section,  any  person   whose   conduct
constitutes  a  violation  of  Section  15 of the Non-Support
Punishment Act may be prosecuted under that Act, and a person
convicted under that Act may be sentenced in accordance  with
that  Act.   The sentence may include but need not be limited
to a requirement that the person  perform  community  service
under  Section  50  of  that  Act  or  participate  in a work
alternative program under Section 50 of that Act.   A  person
may  not  be  required  to  participate in a work alternative
program under Section  50  of  that  Act  if  the  person  is
currently participating in a work program pursuant to Section
505.1 of this Act.
    A  support  obligation,  or  any  portion  of  a  support
obligation,  which becomes due and remains unpaid for 30 days
or more shall accrue simple interest at the rate  of  9%  per
annum.  An  order for support entered or modified on or after
January 1, 2002 shall contain  a  statement  that  a  support
obligation  required  under  the  order,  or any portion of a
support obligation required under the order, that becomes due
and remains unpaid for 30 days or more  shall  accrue  simple
interest at the rate of 9% per annum.  Failure to include the
statement  in  the  order  for  support  does  not affect the
validity of the order or the accrual of interest as  provided
in this Section.
    (c)  A  one-time  charge  of  20%  is  imposable upon the
amount of past-due child support owed on July 1,  1988  which
has  accrued under a support order entered by the court.  The
charge shall be imposed in accordance with the provisions  of
Section  10-21  of  the Illinois Public Aid Code and shall be
enforced by the court upon petition.
    (d)  Any new or existing support  order  entered  by  the
court  under  this  Section shall be deemed to be a series of
judgments  against  the  person  obligated  to  pay   support
thereunder,  each  such  judgment to be in the amount of each
payment or installment of support and each such  judgment  to
be deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each  such  judgment  shall  have  the full force, effect and
attributes of any other judgment of this State, including the
ability to be enforced. A lien arises  by  operation  of  law
against  the  real  and personal property of the noncustodial
parent for each installment of overdue support  owed  by  the
noncustodial parent.
    (e)  When  child  support is to be paid through the clerk
of the court in a county of 1,000,000  inhabitants  or  less,
the  order  shall  direct the obligor to pay to the clerk, in
addition to the child support payments, all fees  imposed  by
the  county  board  under  paragraph (3) of subsection (u) of
Section 27.1 of the Clerks of Courts  Act.   Unless  paid  in
cash  or pursuant to an order for withholding, the payment of
the fee shall be by a separate instrument  from  the  support
payment and shall be made to the order of the Clerk.
    (f)  All  orders  for  support, when entered or modified,
shall include a provision requiring the obligor to notify the
court and, in cases in which a party is receiving  child  and
spouse  services  under  Article X of the Illinois Public Aid
Code, the Illinois Department of Public Aid, within  7  days,
(i)  of  the  name  and  address  of  any new employer of the
obligor, (ii)  whether  the  obligor  has  access  to  health
insurance  coverage  through  the  employer  or  other  group
coverage and, if so, the policy name and number and the names
of  persons  covered  under  the policy, and (iii) of any new
residential or mailing address or  telephone  number  of  the
non-custodial  parent.  In any subsequent action to enforce a
support order, upon a  sufficient  showing  that  a  diligent
effort  has  been  made  to  ascertain  the  location  of the
non-custodial parent, service  of  process  or  provision  of
notice  necessary  in  the case may be made at the last known
address of the non-custodial parent in any  manner  expressly
provided  by  the  Code of Civil Procedure or this Act, which
service shall be sufficient for purposes of due process.
    (g)  An order for support shall include a date  on  which
the  current  support obligation terminates.  The termination
date shall be no earlier than the date  on  which  the  child
covered  by the order will attain the age of 18.  However, if
the child will not graduate  from  high  school  until  after
attaining  the  age of 18, then the termination date shall be
no earlier than the earlier of the date on which the  child's
high  school  graduation  will occur or the date on which the
child will attain the age of 19.  The order for support shall
state that  the  termination  date  does  not  apply  to  any
arrearage  that  may  remain unpaid on that date.  Nothing in
this subsection shall be construed to prevent the court  from
modifying the order or terminating the order in the event the
child is otherwise emancipated.
    (h)  An  order entered under this Section shall include a
provision requiring the obligor to report to the obligee  and
to  the  clerk  of court within 10 days each time the obligor
obtains  new  employment,  and  each   time   the   obligor's
employment is terminated for any reason.  The report shall be
in  writing and shall, in the case of new employment, include
the name and address of the new employer.  Failure to  report
new  employment  or the termination of current employment, if
coupled with nonpayment of support for a period in excess  of
60  days,  is  indirect  criminal  contempt.  For any obligor
arrested for failure to report new employment bond  shall  be
set  in the amount of the child support that should have been
paid during the period of unreported  employment.   An  order
entered  under  this  Section  shall also include a provision
requiring the obligor and  obligee  parents  to  advise  each
other  of  a  change in residence within 5 days of the change
except when the court finds that  the  physical,  mental,  or
emotional  health  of  a  party  or that of a child, or both,
would be seriously endangered by disclosure  of  the  party's
address.
    (i)  The  court  does  not  lose  the powers of contempt,
driver's  license  suspension,   or   other   child   support
enforcement   mechanisms,  including,  but  not  limited  to,
criminal prosecution as set  forth  in  this  Act,  upon  the
emancipation of the minor child or children.
(Source:  P.A.  91-113,  eff.  7-15-99;  91-397, eff. 1-1-00;
91-655,  eff.  6-1-00;  91-767,  eff.  6-9-00;  92-16,   eff.
6-28-01;  92-203,  eff. 8-1-01; 92-374, eff. 8-15-01; 92-651,
eff. 7-11-02; 92-876, eff. 6-1-03.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

Effective Date: 07/10/03