[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0113
HB1774 Enrolled LRB9104124DJcd
AN ACT to amend the Illinois Marriage and Dissolution of
Marriage Act by changing Sections 505 and 713.
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 Sections 505 and 713 as
follows:
(750 ILCS 5/505) (from Ch. 40, par. 505)
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.
(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 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; 90-655, eff. 7-30-98; 90-733, eff.
8-11-98.)
(750 ILCS 5/713) (from Ch. 40, par. 713)
Sec. 713. Attachment of the Body. As used in this
Section, "obligor" has the same meaning ascribed to such term
in the Income Withholding for Support Act.
(a) In any proceeding to enforce an order for support,
where the obligor has failed to appear in court pursuant to
order of court and after due notice thereof, the court may
enter an order for the attachment of the body of the obligor.
Notices under this Section shall be served upon the obligor
by any means authorized under subsection (a-5) of Section 505
either (1) by prepaid certified mail with delivery restricted
to the obligor, or (2) by personal service on the obligor.
The attachment order shall fix an amount of escrow which is
equal to a minimum of 20% of the total child support
arrearage alleged by the obligee in sworn testimony to be due
and owing. The attachment order shall direct the Sheriff of
any county in Illinois to take the obligor into custody and
shall set the number of days following release from custody
for a hearing to be held at which the obligor must appear, if
he is released under subsection (c) of this Section.
(b) If the obligor is taken into custody, the Sheriff
shall take the obligor before the court which entered the
attachment order. However, the Sheriff may release the
person after he or she has deposited the amount of escrow
ordered by the court pursuant to local procedures for the
posting of bond. The Sheriff shall advise the obligor of the
hearing date at which the obligor is required to appear.
(c) Any escrow deposited pursuant to this Section shall
be transmitted to the Clerk of the Circuit Court for the
county in which the order for attachment of the body of the
obligor was entered. Any Clerk who receives money deposited
into escrow pursuant to this Section shall notify the
obligee, public office or legal counsel whose name appears on
the attachment order of the court date at which the obligor
is required to appear and the amount deposited into escrow.
The Clerk shall disburse such money to the obligee only under
an order from the court that entered the attachment order
pursuant to this Section.
(d) Whenever an obligor is taken before the court by the
Sheriff, or appears in court after the court has ordered the
attachment of his body, the court shall:
(1) hold a hearing on the complaint or petition
that gave rise to the attachment order. For purposes of
determining arrearages that are due and owing by the
obligor, the court shall accept the previous sworn
testimony of the obligee as true and the appearance of
the obligee shall not be required. The court shall
require sworn testimony of the obligor as to his or her
Social Security number, income, employment, bank
accounts, property and any other assets. If there is a
dispute as to the total amount of arrearages, the court
shall proceed as in any other case as to the undisputed
amounts; and
(2) order the Clerk of the Circuit Court to
disburse to the obligee or public office money held in
escrow pursuant to this Section if the court finds that
the amount of arrearages exceeds the amount of the
escrow. Amounts received by the obligee or public office
shall be deducted from the amount of the arrearages.
(e) If the obligor fails to appear in court after being
notified of the court date by the Sheriff upon release from
custody, the court shall order any monies deposited into
escrow to be immediately released to the obligee or public
office and shall proceed under subsection (a) of this Section
by entering another order for the attachment of the body of
the obligor.
(f) This Section shall apply to any order for support
issued under the "Illinois Marriage and Dissolution of
Marriage Act", approved September 22, 1977, as amended; the
"Illinois Parentage Act of 1984", effective July 1, 1985, as
amended; the "Revised Uniform Reciprocal Enforcement of
Support Act", approved August 28, 1969, as amended; "The
Illinois Public Aid Code", approved April 11, 1967, as
amended; and the "Non-support of Spouse and Children Act",
approved June 8, 1953, as amended.
(g) Any escrow established pursuant to this Section for
the purpose of providing support shall not be subject to fees
collected by the Clerk of the Circuit Court for any other
escrow.
(Source: P.A. 90-673, eff. 1-1-99.)
Section 99. Effective date. This Act takes effect upon
becoming law.
[ Top ]