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Public Act 91-0767
HB2979 Enrolled LRB9109651DJcs
AN ACT concerning child support, amending named Acts.
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 10-10 as follows:
(305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
Sec. 10-10. Court enforcement; applicability also to
persons who are not applicants or recipients. Except where
the Illinois Department, by agreement, acts for the local
governmental unit, as provided in Section 10-3.1, local
governmental units shall refer to the State's Attorney or to
the proper legal representative of the governmental unit, for
judicial enforcement as herein provided, instances of
non-support or insufficient support when the dependents are
applicants or recipients under Article VI. The Child and
Spouse Support Unit established by Section 10-3.1 may
institute in behalf of the Illinois Department any actions
under this Section for judicial enforcement of the support
liability when the dependents are (a) applicants or
recipients under Articles III, IV, V or VII (b) applicants or
recipients in a local governmental unit when the Illinois
Department, by agreement, acts for the unit; or (c)
non-applicants or non-recipients who are receiving support
enforcement services under this Article X, as provided in
Section 10-1. Where the Child and Spouse Support Unit has
exercised its option and discretion not to apply the
provisions of Sections 10-3 through 10-8, the failure by the
Unit to apply such provisions shall not be a bar to bringing
an action under this Section.
Action shall be brought in the circuit court to obtain
support, or for the recovery of aid granted during the period
such support was not provided, or both for the obtainment of
support and the recovery of the aid provided. Actions for
the recovery of aid may be taken separately or they may be
consolidated with actions to obtain support. Such actions
may be brought in the name of the person or persons requiring
support, or may be brought in the name of the Illinois
Department or the local governmental unit, as the case
requires, in behalf of such persons.
The court may enter such orders for the payment of moneys
for the support of the person as may be just and equitable
and may direct payment thereof for such period or periods of
time as the circumstances require, including support for a
period before the date the order for support is entered. The
order may be entered against any or all of the defendant
responsible relatives and may be based upon the proportionate
ability of each to contribute to the person's support.
The Court shall determine the amount of child support
(including child support for a period before the date the
order for child support is entered) by 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. For purposes of determining the amount of child
support to be paid for a period before the date the order for
child support is entered, there is a rebuttable presumption
that the responsible relative's net income for that period
was the same as his or her net income at the time the order
is entered.
If (i) the responsible relative was properly served with
a request for discovery of financial information relating to
the responsible relative's ability to provide child support,
(ii) the responsible relative failed to comply with the
request, despite having been ordered to do so by the court,
and (iii) the responsible relative is not present at the
hearing to determine support despite having received proper
notice, then any relevant financial information concerning
the responsible relative'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.
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.
The Court shall determine the amount of maintenance using
the standards set forth in Section 504 of the Illinois
Marriage and Dissolution of Marriage Act.
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. Any such judgment is subject to
modification or termination only in accordance with Section
510 of the Illinois Marriage and Dissolution of Marriage Act.
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.
When an order is entered for the support of a minor, the
court may provide therein for reasonable visitation of the
minor by the person or persons who provided support pursuant
to the order. Whoever willfully refuses to comply with such
visitation order or willfully interferes with its enforcement
may be declared in contempt of court and punished therefor.
Except where the local governmental unit has entered into
an agreement with the Illinois Department for the Child and
Spouse Support Unit to act for it, as provided in Section
10-3.1, support orders entered by the court in cases
involving applicants or recipients under Article VI shall
provide that payments thereunder be made directly to the
local governmental unit. Orders for the support of all other
applicants or recipients shall provide that payments
thereunder be made directly to the Illinois Department. In
accordance with federal law and regulations, the Illinois
Department may continue to collect current maintenance
payments or child support payments, or both, after those
persons cease to receive public assistance and until
termination of services under Article X. The Illinois
Department shall pay the net amount collected to those
persons after deducting any costs incurred in making the
collection or any collection fee from the amount of any
recovery made. In both cases the order shall permit the
local governmental unit or the Illinois Department, as the
case may be, to direct the responsible relative or relatives
to make support payments directly to the needy person, or to
some person or agency in his behalf, upon removal of the
person from the public aid rolls or upon termination of
services under Article X.
If the notice of support due issued pursuant to Section
10-7 directs that support payments be made directly to the
needy person, or to some person or agency in his behalf, and
the recipient is removed from the public aid rolls, court
action may be taken against the responsible relative
hereunder if he fails to furnish support in accordance with
the terms of such notice.
Actions may also be brought under this Section in behalf
of any person who is in need of support from responsible
relatives, as defined in Section 2-11 of Article II who is
not an applicant for or recipient of financial aid under this
Code. In such instances, the State's Attorney of the county
in which such person resides shall bring action against the
responsible relatives hereunder. If the Illinois Department,
as authorized by Section 10-1, extends the support services
provided by this Article to spouses and dependent children
who are not applicants or recipients under this Code, the
Child and Spouse Support Unit established by Section 10-3.1
shall bring action against the responsible relatives
hereunder and any support orders entered by the court in such
cases shall provide that payments thereunder be made directly
to the Illinois Department.
Whenever it is determined in a proceeding to establish or
enforce a child support or maintenance obligation that the
person owing a duty of support is unemployed, the court may
order the person to seek employment and report periodically
to the court with a diary, listing or other memorandum of his
or her efforts in accordance with such order. Additionally,
the court may order the unemployed person to report to the
Department of Employment Security for job search services or
to make application with the local Jobs Training Partnership
Act provider for participation in job search, training or
work programs and where the duty of support is owed to a
child receiving support services under this Article X, the
court may order the unemployed person to report to the
Illinois Department for participation in job search, training
or work programs established under Section 9-6 and Article
IXA of this Code.
Whenever it is determined that a person owes past-due
support for a child receiving assistance under this Code, the
court shall order at the request of the Illinois Department:
(1) that the person pay the past-due support in
accordance with a plan approved by the court; or
(2) if the person owing past-due support is
unemployed, is subject to such a plan, and is not
incapacitated, that the person participate in such job
search, training, or work programs established under
Section 9-6 and Article IXA of this Code as the court
deems appropriate.
A determination under this Section shall not be
administratively reviewable by the procedures specified in
Sections 10-12, and 10-13 to 10-13.10. Any determination
under these Sections, if made the basis of court action under
this Section, shall not affect the de novo judicial
determination required under this Section.
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 this Code and shall be enforced by the court upon
petition.
All orders for support, when entered or modified, shall
include a provision requiring the non-custodial parent to
notify the court and, in cases in which a party is receiving
child and spouse support services under this Article X, the
Illinois Department, within 7 days, (i) of the name, address,
and telephone number of any new employer of the non-custodial
parent, (ii) whether the non-custodial parent 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 Code, which
service shall be sufficient for purposes of due process.
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 paragraph shall
be construed to prevent the court from modifying the order.
Upon notification in writing or by electronic
transmission from the Illinois Department to the clerk of the
court that a person who is receiving support payments under
this Section is receiving services under the Child Support
Enforcement Program established by Title IV-D of the Social
Security Act, any support payments subsequently received by
the clerk of the court shall be transmitted in accordance
with the instructions of the Illinois Department until the
Illinois Department gives notice to the clerk of the court to
cease the transmittal. After providing the notification
authorized under this paragraph, the Illinois Department
shall be entitled as a party to notice of any further
proceedings in the case. The clerk of the court shall file a
copy of the Illinois Department's notification in the court
file. The clerk's failure to file a copy of the
notification in the court file shall not, however, affect the
Illinois Department's right to receive notice of further
proceedings.
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 payments under
this Section to the Illinois Department of Human Services
shall be deposited in the DHS Recoveries Trust Fund.
Disbursements from these funds shall be as provided in
Sections 12-9.1 and 12-10.2 of this Code. Payments received
by a local governmental unit shall be deposited in that
unit's General Assistance Fund.
To the extent the provisions of this Section are
inconsistent with the requirements pertaining to the State
Disbursement Unit under Sections 10-10.4 and 10-26 of this
Code, the requirements pertaining to the State Disbursement
Unit shall apply.
(Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
90-655, eff. 7-30-98; 90-673, eff. 1-1-99; 90-790, eff.
8-14-98; 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 91-357,
eff. 7-29-99; revised 8-30-99.)
Section 10. 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)
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.
(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 1 of the Non-Support
Punishment of Spouse and Children Act may be prosecuted under
that Act Section, and a person convicted under that Act
Section may be sentenced in accordance with that Act Section.
The sentence may include but need not be limited to a
requirement that the person perform community service under
Section 50 subsection (b) of that Act Section or participate
in a work alternative program under Section 50 subsection (c)
of that Act Section. A person may not be required to
participate in a work alternative program under Section 50
subsection (c) of that Act Section 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 interest at the rate of 9% per annum.
(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. 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; 91-113, eff. 7-15-99; 91-397, eff. 1-1-00; revised
10-13-99.)
Section 15. The Non-Support Punishment Act is amended by
changing Section 20 as follows:
(750 ILCS 16/20)
Sec. 20. Entry of order for support; income withholding.
(a) In a case in which no court or administrative order
for support is in effect against the defendant:
(1) at any time before the trial, upon motion of the
State's Attorney, or of the Attorney General if the
action has been instituted by his office, and upon notice
to the defendant, or at the time of arraignment or as a
condition of postponement of arraignment, the court may
enter such temporary order for support as may seem just,
providing for the support or maintenance of the spouse or
child or children of the defendant, or both, pendente
lite; or
(2) before trial with the consent of the defendant,
or at the trial on entry of a plea of guilty, or after
conviction, instead of imposing the penalty provided in
this Act, or in addition thereto, the court may enter an
order for support, subject to modification by the court
from time to time as circumstances may require, directing
the defendant to pay a certain sum for maintenance of the
spouse, or for support of the child or children, or both.
(b) The court shall determine the amount of child support
by 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.
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 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.
(c) The court shall determine the amount of maintenance
using the standards set forth in Section 504 of the Illinois
Marriage and Dissolution of Marriage Act.
(d) The court may, for violation of any order under this
Section, punish the offender as for a contempt of court, but
no pendente lite order shall remain in effect longer than 4
months, or after the discharge of any panel of jurors
summoned for service thereafter in such court, whichever is
sooner.
(e) Any order for support entered by the court under this
Section shall be deemed to be a series of judgments against
the person obligated to pay support under the judgments, each
such judgment to be in the amount of each payment or
installment of support and each judgment to be deemed entered
as of the date the corresponding payment or installment
becomes due under the terms of the support order. Each
judgment shall have the full force, effect, and attributes of
any other judgment of this State, including the ability to be
enforced. Each judgment is subject to modification or
termination only in accordance with Section 510 of the
Illinois Marriage and Dissolution of Marriage Act. 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.
(f) An order for support entered under this Section shall
include a provision requiring the obligor to report to the
obligee and to the clerk of the 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 for support 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 of a
minor child, or both, would be seriously endangered by
disclosure of the party's address.
(g) An order for support entered or modified in a case in
which a party is receiving child and spouse support services
under Article X of the Illinois Public Aid Code shall include
a provision requiring the noncustodial parent to notify the
Illinois Department of Public Aid, within 7 days, of the name
and address of any new employer of the noncustodial parent,
whether the noncustodial parent 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.
(h) In any subsequent action to enforce an order for
support entered under this Act, upon sufficient showing that
diligent effort has been made to ascertain the location of
the noncustodial parent, service of process or provision of
notice necessary in that action may be made at the last known
address of the noncustodial parent, in any manner expressly
provided by the Code of Civil Procedure or in this Act, which
service shall be sufficient for purposes of due process.
(i) 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. 91-613, eff. 10-1-99.)
Section 20. The Illinois Parentage Act of 1984 is
amended by changing Section 14 as follows:
(750 ILCS 45/14) (from Ch. 40, par. 2514)
Sec. 14. Judgment.
(a) (1) The judgment shall contain or explicitly reserve
provisions concerning any duty and amount of child support
and may contain provisions concerning the custody and
guardianship of the child, visitation privileges with the
child, the furnishing of bond or other security for the
payment of the judgment, which the court shall determine in
accordance with the relevant factors set forth in the
Illinois Marriage and Dissolution of Marriage Act and any
other applicable law of Illinois, to guide the court in a
finding in the best interests of the child. In determining
custody, joint custody, or visitation, the court shall apply
the relevant standards of the Illinois Marriage and
Dissolution of Marriage Act. Specifically, in determining the
amount of any child support award, the court shall use 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. For purposes of Section 505 of
the Illinois Marriage and Dissolution of Marriage Act, "net
income" of the non-custodial parent shall include any
benefits available to that person under the Illinois Public
Aid Code or from other federal, State or local
government-funded programs. The court shall, in any event
and regardless of the amount of the non-custodial parent's
net income, in its judgment order the non-custodial parent to
pay child support to the custodial parent in a minimum amount
of not less than $10 per month. In an action brought within 2
years after a child's birth, the judgment or order may direct
either parent to pay the reasonable expenses incurred by
either parent related to the mother's pregnancy and the
delivery of the child. The judgment or order shall contain
the father's social security number, which the father shall
disclose to the court; however, failure to include the
father's social security number on the judgment or order does
not invalidate the judgment or order.
(2) If a judgment of parentage contains no explicit
award of custody, the establishment of a support obligation
or of visitation rights in one parent shall be considered a
judgment granting custody to the other parent. If the
parentage judgment contains no such provisions, custody shall
be presumed to be with the mother; however, the presumption
shall not apply if the father has had physical custody for at
least 6 months prior to the date that the mother seeks to
enforce custodial rights.
(b) The court shall order all child support payments,
determined in accordance with such guidelines, to commence
with the date summons is served. The level of current
periodic support payments shall not be reduced because of
payments set for the period prior to the date of entry of the
support order. The Court may order any child support
payments to be made for a period prior to the commencement of
the action. In determining whether and the extent to which
the payments shall be made for any prior period, the court
shall consider all relevant facts, including the factors for
determining the amount of support specified in the Illinois
Marriage and Dissolution of Marriage Act and other equitable
factors including but not limited to:
(1) The father's prior knowledge of the fact and
circumstances of the child's birth.
(2) The father's prior willingness or refusal to
help raise or support the child.
(3) The extent to which the mother or the public
agency bringing the action previously informed the father
of the child's needs or attempted to seek or require his
help in raising or supporting the child.
(4) The reasons the mother or the public agency did
not file the action earlier.
(5) The extent to which the father would be
prejudiced by the delay in bringing the action.
For purposes of determining the amount of child support
to be paid for any period before the date the order for
current child support is entered, there is a rebuttable
presumption that the father's net income for the prior period
was the same as his net income at the time the order for
current child support is entered.
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.
(c) 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 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 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.
(d) If the judgment or order of the court is at variance
with the child's birth certificate, the court shall order
that a new birth certificate be issued under the Vital
Records Act.
(e) On request of the mother and the father, the court
shall order a change in the child's name. After hearing
evidence the court may stay payment of support during the
period of the father's minority or period of disability.
(f) If, upon a showing of proper service, the father
fails to appear in court, or otherwise appear as provided by
law, the court may proceed to hear the cause upon testimony
of the mother or other parties taken in open court and shall
enter a judgment by default. The court may reserve any order
as to the amount of child support until the father has
received notice, by regular mail, of a hearing on the matter.
(g) 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.
(h) All orders for support, when entered or modified,
shall include a provision requiring the non-custodial parent
to notify the court and, in cases in which party is receiving
child and spouse support 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 non-custodial parent, (ii) whether the
non-custodial parent 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.
(i) 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.
(j) 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. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
90-655, eff. 7-30-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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