Public Act 90-0733 of the 90th General Assembly

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Public Act 90-0733

HB3415 Enrolled                                LRB9010838DJcd

    AN ACT concerning governmental matters.

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

    Section  5.   The  Illinois Public Aid Code is amended by
changing Section 10-16 as follows:

    (305 ILCS 5/10-16) (from Ch. 23, par. 10-16)
    Sec.  10-16.    Judicial   enforcement   of   court   and
administrative  support  orders.)  Court  orders  entered  in
proceedings   under   Section  10-10  and  court  orders  for
enforcement of an administrative order  under  Section  10-15
and for the payment of money may be enforced by attachment as
for  contempt  against  the persons of the defendants, and in
addition, as other judgments for the payment  of  money,  and
costs  may be adjudged against the defendants and apportioned
among them; but if the complaint is dismissed, costs shall be
borne by the Illinois Department or  the  local  governmental
unit,  as  the  case  may  be.   If a responsible relative is
directed  by  the   Illinois   Department,   or   the   local
governmental  unit,  under  the  conditions stated in Section
10-8, to make support payments directly to the person, or  to
some  person or agency in his behalf, the court order entered
against him under  this  Section  or  Section  10-10  may  be
enforced as herein provided if he thereafter fails to furnish
support  in accordance with its terms.  The State of Illinois
shall not be required to make a deposit for or pay any  costs
or  fees  of  any  court or officer thereof in any proceeding
instituted under this Section.
    The  provisions  of  the  Civil  Practice  Law,  and  all
amendments and modifications  thereof,  shall  apply  to  and
govern  all actions instituted under this Section and Section
10-10. In such actions proof that a person  is  an  applicant

for or recipient of public aid under any Article of this Code
shall be prima facie proof that he is a person in necessitous
circumstances  by  reason of infirmity, unemployment or other
cause depriving him of the means of a  livelihood  compatible
with health and well-being.
    Payments  under  this  Section to the Illinois Department
pursuant to the Child Support Enforcement Program established
by Title IV-D of the Social Security Act shall be  paid  into
the  Child Support Enforcement Trust Fund. All other payments
under this  Section  to  the  Illinois  Department  shall  be
deposited  in  the  Public  Assistance Recoveries Trust Fund.
Disbursements from  these  funds  shall  be  as  provided  in
Sections  12-9 and 12-10.2 of this Code. Payments received by
a local governmental unit shall be deposited in  that  unit's
General Assistance Fund.
    In  addition  to  the penalties or punishment that may be
imposed  under  this  Section,  any  person   whose   conduct
constitutes  a  violation  of Section 1 of the Non-Support of
Spouse and Children Act may be prosecuted under that Section,
and a person convicted under that Section may be sentenced in
accordance with that Section.  The sentence may  include  but
need  not be limited to a requirement that the person perform
community service under subsection (b)  of  that  Section  or
participate  in  a  work alternative program under subsection
(c) of that Section.    A  person  may  not  be  required  to
participate  in  a  work alternative program under subsection
(c) of that Section if the person is currently  participating
in a work program pursuant to Section 10-11.1 of this Code.
(Source: P.A. 83-1126.)

    Section  10.   The  Illinois  Vehicle  Code is amended by
changing Sections 3-408 and 6-103 as follows:

    (625 ILCS 5/3-408) (from Ch. 95 1/2, par. 3-408)
    Sec.  3-408.  Grounds  for   refusing   registration   or
certificate  of  title.  The  Secretary of State shall refuse
registration or any transfer of registration upon any of  the
following grounds:
    1.  That the application contains any false or fraudulent
statement  or  that  the  applicant  has  failed  to  furnish
required  information  or  reasonable  additional information
requested by the Secretary of State or that the applicant  is
not  entitled  to  the  issuance of a certificate of title or
registration of the vehicle under Chapter 3;
    2.  That the Secretary of State has reasonable ground  to
believe  that the vehicle is a stolen or embezzled vehicle or
that the granting of registration would  constitute  a  fraud
against  the rightful owner or other person having valid lien
upon such vehicle;
    3.  That the registration of the vehicle stands suspended
or revoked for any reason as provided  in  the  motor-vehicle
laws of this State;
    4.  That the required fee has not been paid; or
    5.  (a)  In  the case of medical transport vehicles, that
the application does  not  contain  a  copy  of  a  completed
Vehicle   Inspection  Report  issued  by  the  Department  of
Transportation which certifies  that  the  vehicle  has  been
determined  to  be  in  safe mechanical condition by a safety
test administered within the preceding 6 months; and  (b)  in
the  case  of medical transport vehicles, other than vehicles
owned or operated by a unit of  local  government,  proof  of
financial responsibility; or.
    6.  That  the  applicant is 90 days or more delinquent in
court ordered child support payments or has been  adjudicated
in  arrears in an amount equal to 90 days' obligation or more
and has been found in contempt of court for  failure  to  pay
the  support,  subject  to the requirements and procedures of
Article VII of Chapter 7 of the Illinois Vehicle Code.
(Source: P.A. 82-949.)

    (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
    Sec. 6-103. What persons shall not be licensed as drivers
or granted permits.  The Secretary of State shall not  issue,
renew,  or  allow  the  retention of any driver's license nor
issue any permit under this Code:
         1.  To any person, as a driver, who is under the age
    of 18 years except as  provided  in  Section  6-107,  and
    except  that  an  instruction  permit may be issued under
    paragraphs (a) and (b) of Section 6-105 to a child who is
    not less than 15 years of age if the child is enrolled in
    an approved driver education course as defined in Section
    1-103 of this Code and requires an instruction permit  to
    participate  therein,  except  that an instruction permit
    may be issued under the provisions of Section 6-107.1  to
    a  child  who is 17 years and 9 months of age without the
    child having enrolled in  an  approved  driver  education
    course  and  except  that  an  instruction  permit may be
    issued to a child who is at least 15 years and  6  months
    of  age,  is  enrolled  in  school, meets the educational
    requirements of the Driver Education Act, and has  passed
    examinations  the  Secretary  of  State  in  his  or  her
    discretion may prescribe;
         2.  To  any  person who is under the age of 18 as an
    operator of a motorcycle other than a motor driven  cycle
    unless  the  person  has,  in  addition  to  meeting  the
    provisions  of  Section  6-107  of this Code, completed a
    motorcycle  training  course  approved  by  the  Illinois
    Department of Transportation and  successfully  completes
    the  required  Secretary  of  State's motorcycle driver's
    examination;
         3.  To any  person,  as  a  driver,  whose  driver's
    license   or   permit  has  been  suspended,  during  the
    suspension, nor to any person whose driver's  license  or
    permit  has  been revoked, except as provided in Sections
    6-205, 6-206, and 6-208;
         4.  To any person, as a driver, who  is  a  user  of
    alcohol  or  any  other drug to a degree that renders the
    person incapable of safely driving a motor vehicle;
         5.  To any person, as a driver, who  has  previously
    been  adjudged to be afflicted with or suffering from any
    mental or physical disability or disease and who has  not
    at the time of application been restored to competency by
    the methods provided by law;
         6.  To  any  person, as a driver, who is required by
    the Secretary of State to  submit  an  alcohol  and  drug
    evaluation  or  take  an examination provided for in this
    Code  unless  the  person  has  successfully  passed  the
    examination and submitted any required evaluation;
         7.  To  any  person  who  is  required   under   the
    provisions  of the laws of this State to deposit security
    or proof of financial  responsibility  and  who  has  not
    deposited the security or proof;
         8.  To  any  person  when the Secretary of State has
    good cause to  believe  that  the  person  by  reason  of
    physical or mental disability would not be able to safely
    operate  a  motor  vehicle  upon the highways, unless the
    person shall furnish to the Secretary of State a verified
    written statement, acceptable to the Secretary of  State,
    from  a  competent  medical specialist to the effect that
    the operation of a motor vehicle by the person would  not
    be inimical to the public safety;
         9.  To  any  person, as a driver, who is 69 years of
    age or older, unless the person has successfully complied
    with the provisions of Section 6-109;
         10.  To any person convicted, within  12  months  of
    application  for a license, of any of the sexual offenses
    enumerated in paragraph 2 of subsection  (b)  of  Section
    6-205;
         11.  To  any person who is under the age of 21 years
    with a classification  prohibited  in  paragraph  (b)  of
    Section  6-104  and to any person who is under the age of
    18 years with a classification  prohibited  in  paragraph
    (c) of Section 6-104;
         12.  To  any person who has been either convicted of
    or adjudicated under the Juvenile Court Act of 1987 based
    upon a violation of  the  Cannabis  Control  Act  or  the
    Illinois  Controlled Substances Act while that person was
    in actual physical  control  of  a  motor  vehicle.   For
    purposes  of this Section, any person placed on probation
    under Section 10 of the Cannabis Control Act  or  Section
    410  of  the Illinois Controlled Substances Act shall not
    be considered convicted. Any person found guilty of  this
    offense,  while  in  actual  physical  control of a motor
    vehicle, shall have an entry made in the court record  by
    the  judge  that  this offense did occur while the person
    was in actual physical control of  a  motor  vehicle  and
    order  the  clerk of the court to report the violation to
    the Secretary of State as such.  The Secretary  of  State
    shall  not  issue a new license or permit for a period of
    one year; or
         13.  To any person who is under the age of 18  years
    and  who  has  committed the offense of operating a motor
    vehicle without a valid license or permit in violation of
    Section 6-101; or.
         14.  To any person who is 90 days or more delinquent
    in court ordered  child  support  payments  or  has  been
    adjudicated  in  arrears  in  an amount equal to 90 days'
    obligation or more and who has been found in contempt  of
    court  for  failure  to  pay  the support, subject to the
    requirements and procedures of Article VII of  Chapter  7
    of the Illinois Vehicle Code.
    The  Secretary  of  State  shall  retain  all  conviction
information,  if  the  information  is  required  to  be held
confidential under the Juvenile Court Act of 1987.
(Source: P.A. 90-369, eff. 1-1-98.)

    Section 25.  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. 90-539)
    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                             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.
    (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 1 of  the  Non-Support  of
Spouse and Children Act may be prosecuted under that Section,
and a person convicted under that Section may be sentenced in
accordance  with  that Section.  The sentence may include but
need not be limited to a requirement that the person  perform
community  service  under  subsection  (b) of that Section or
participate in a work alternative  program  under  subsection
(c)  of  that  Section.    A  person  may  not be required to
participate in a work alternative  program  under  subsection
(c)  of that Section if the person is currently participating
in a work program pursuant to Section 505.1 of this Act.
    (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.
(Source:  P.A.  89-88,  eff.  6-30-95;  89-92,  eff.  7-1-96;
89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
revised 10-7-97.)

    (Text of Section after amendment by P.A. 90-539)
    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                             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.
    (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 1 of  the  Non-Support  of
Spouse and Children Act may be prosecuted under that Section,
and a person convicted under that Section may be sentenced in
accordance  with  that Section.  The sentence may include but
need not be limited to a requirement that the person  perform
community  service  under  subsection  (b) of that Section or
participate in a work alternative  program  under  subsection
(c)  of  that  Section.    A  person  may  not be required to
participate in a work alternative  program  under  subsection
(c)  of that Section if the person is currently participating
in a work program pursuant to Section 505.1 of this Act.
    (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.
(Source:  P.A.  89-88,  eff.  6-30-95;  89-92,  eff.  7-1-96;
89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
90-539, eff. 6-1-98; revised 12-15-97.)

    Section  30.   The Non-Support of Spouse and Children Act
is amended by changing Section 1 as follows:

    (750 ILCS 15/1) (from Ch. 40, par. 1101)
    Sec. 1. Neglect or refusal to support; penalties.
    (a)  Every person who shall, without any  lawful  excuse,
neglect  or  refuse to provide for the support or maintenance
of his or her spouse, said  spouse  being  in  need  of  such
support  or  maintenance,  or  any  person who shall, without
lawful excuse, desert or neglect or refuse to provide for the
support or maintenance of his or her child or children  under
the  age of 18 years, in need of such support or maintenance,
shall be deemed guilty of a Class A misdemeanor and shall  be
liable  under the provisions of the Illinois "Public Aid Code
of Illinois", approved April 11, 1967, to the  Supervisor  of
General  Assistance,  the Department of Human Services, or to
the Illinois Department of Public Aid, as the case may be, in
a civil action, for  the  amount  of  general  assistance  or
assistance provided to his or her spouse or children, or both
his spouse and children.
    (b)  In  addition  to  any  other penalties imposed for a
violation of this Section, the court may order  the  offender
to  perform  community  service  for not less than 30 and not
more than 120 hours, if community service is available in the
jurisdiction and is funded and approved by the  county  board
of  the  county where the offense was committed. In addition,
whenever any person is placed on supervision for  an  alleged
violation   of   this   Section,  the  supervision  shall  be
conditioned upon the performance of the community service.
    (c)  In addition to any other  penalties  imposed  for  a
violation  of  this  Section,  the  court  may  sentence  the
offender   to   service   in   a   work  alternative  program
administered by the sheriff.  The conditions of  the  program
are  that  the  offender  obtain  or  retain  employment  and
participate in a work alternative program administered by the
sheriff   during   nonworking   hours.    A  portion  of  the
defendant's salary, as determined using  the  guidelines  and
standards  set  forth in subsection (a) of Section 505 and in
Section 505.2 of the Illinois  Marriage  and  Dissolution  of
Marriage  Act  shall  be  deducted to pay for spouse or child
support. A person may not be required  to  participate  in  a
work  alternative  program  under  this subsection (c) if the
person is currently participating in a work program  pursuant
to Section 12 of this Act.
(Source: P.A. 77-2528; revised 3-2-98.)
    Section  40.   The  Illinois  Parentage  Act  of  1984 is
amended by changing Section 15 as follows:

    (750 ILCS 45/15) (from Ch. 40, par. 2515)
    Sec. 15.  Enforcement of Judgment or Order.
    (a)  If existence of the parent and child relationship is
declared,  or  paternity  or  duty  of   support   has   been
established  under  this  Act or under prior law or under the
law  of  any  other  jurisdiction,  the   judgment   rendered
thereunder  may  be enforced in the same or other proceedings
by any party or any person or agency that  has  furnished  or
may  furnish  financial  assistance or services to the child.
Sections 14, 16 and 20 of this Act shall also  be  applicable
with  respect  to  entry, modification and enforcement of any
support judgment entered under provisions of  the  "Paternity
Act",  approved  July  5,  1957, as amended, repealed July 1,
1985.
    (b)  Failure to comply with any order of the court  shall
be  punishable  as  contempt  as in other cases of failure to
comply  under  the  "Illinois  Marriage  and  Dissolution  of
Marriage Act", as now or hereafter amended.  In  addition  to
other penalties provided by law, the court may, after finding
the party guilty of contempt, order that the party 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.  However, the  court  may  permit
    the  party  to be released for periods of time during the
    day or  night  to  work  or  conduct  business  or  other
    self-employed  occupation.   The  court may further order
    any part of all the earnings of a party during a sentence
    of periodic imprisonment to be paid to the Clerk  of  the
    Circuit  Court  or to the person or parent having custody
    of the minor child for the support of  said  child  until
    further order of the court.
         (2.5)  The  court may also pierce the ownership veil
    of a person, persons,  or  business  entity  to  discover
    assets of a non-custodial parent held in the name of that
    person,  those  persons, or that business entity if there
    is a unity of interest and ownership sufficient to render
    no financial separation between the non-custodial  parent
    and  that  person, those persons, or the business entity.
    The following circumstances are sufficient for 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:
              (A)  the  non-custodial  parent and the person,
         persons,  or  business   entity   maintain   records
         together.
              (B)  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.
              (C)  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 subdivision (2.5)  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.
         (3)  The court may also order that  in  cases  where
    the  party  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 party's
    Illinois driving privileges be suspended until the  court
    determines  that  the  party  is  in  compliance with the
    judgement or duty 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  party'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 1 of the Non-Support of
Spouse and Children Act may be prosecuted under that Section,
and a person convicted under that Section may be sentenced in
accordance with that Section.  The sentence may  include  but
need  not be limited to a requirement that the person perform
community service under subsection (b)  of  that  Section  or
participate  in  a  work alternative program under subsection
(c) of that Section.    A  person  may  not  be  required  to
participate  in  a  work alternative program under subsection
(c) of that Section if the person is currently  participating
in a work program pursuant to Section 15.1 of this Act.
    (c)  In any post-judgment proceeding to enforce or modify
the  judgment  the parties shall continue to be designated as
in the original proceeding.
(Source: P.A. 89-92, eff. 7-1-96; 90-476, eff. 1-1-98.)

    Section 95.  No acceleration or delay.   Where  this  Act
makes changes in a statute that is represented in this Act by
text  that  is not yet or no longer in effect (for example, a
Section represented by multiple versions), the  use  of  that
text  does  not  accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived  from
any other Public Act.

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

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