101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1131

 

Introduced 2/5/2019, by Sen. Michael E. Hastings

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 5/505  from Ch. 40, par. 505

    Amends the Illinois Marriage and Dissolution of Marriage Act. Makes a technical change in a Section concerning child support.


LRB101 08576 LNS 53655 b

 

 

A BILL FOR

 

SB1131LRB101 08576 LNS 53655 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Marriage and Dissolution of
5Marriage Act is amended by changing Section 505 as follows:
 
6    (750 ILCS 5/505)  (from Ch. 40, par. 505)
7    Sec. 505. Child support; contempt; penalties.
8    (a) In a proceeding for for dissolution of marriage, legal
9separation, declaration of invalidity of marriage, or
10dissolution of a civil union, a proceeding for child support
11following a legal separation or dissolution of the marriage or
12civil union by a court that lacked personal jurisdiction over
13the absent spouse, a proceeding for modification of a previous
14order for child support under Section 510 of this Act, or any
15proceeding authorized under Section 501 or 601 of this Act, the
16court may order either or both parents owing a duty of support
17to a child of the marriage or civil union to pay an amount
18reasonable and necessary for support. The duty of support owed
19to a child includes the obligation to provide for the
20reasonable and necessary physical, mental and emotional health
21needs of the child. For purposes of this Section, the term
22"child" shall include any child under age 18 and any child age
2319 or younger who is still attending high school. For purposes

 

 

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1of this Section, the term "obligor" means the parent obligated
2to pay support to the other parent.
3        (1) Child support guidelines. The Illinois Department
4    of Healthcare and Family Services shall adopt rules
5    establishing child support guidelines which include
6    worksheets to aid in the calculation of the child support
7    obligations and a schedule of basic child support
8    obligations that reflects the percentage of combined net
9    income that parents living in the same household in this
10    State ordinarily spend on their child. The child support
11    guidelines have the following purposes:
12            (A) to establish as State policy an adequate
13        standard of support for a child, subject to the ability
14        of parents to pay;
15            (B) to make child support obligations more
16        equitable by ensuring more consistent treatment of
17        parents in similar circumstances;
18            (C) to improve the efficiency of the court process
19        by promoting settlements and giving courts and the
20        parties guidance in establishing levels of child
21        support;
22            (D) to calculate child support based upon the
23        parents' combined net income estimated to have been
24        allocated for the support of the child if the parents
25        and child were living in an intact household;
26            (E) to adjust child support based upon the needs of

 

 

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1        the child; and
2            (F) to allocate the amount of child support to be
3        paid by each parent based upon a parent's net income
4        and the child's physical care arrangements.
5        (1.5) Computation of basic child support obligation.
6    The court shall compute the basic child support obligation
7    by taking the following steps:
8            (A) determine each parent's monthly net income;
9            (B) add the parents' monthly net incomes together
10        to determine the combined monthly net income of the
11        parents;
12            (C) select the corresponding appropriate amount
13        from the schedule of basic child support obligations
14        based on the parties' combined monthly net income and
15        number of children of the parties; and
16            (D) calculate each parent's percentage share of
17        the basic child support obligation.
18        Although a monetary obligation is computed for each
19    parent as child support, the receiving parent's share is
20    not payable to the other parent and is presumed to be spent
21    directly on the child.
22        (2) Duty of support. The court shall determine child
23    support in each case by applying the child support
24    guidelines unless the court makes a finding that
25    application of the guidelines would be inappropriate,
26    after considering the best interests of the child and

 

 

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1    evidence which shows relevant factors including, but not
2    limited to, one or more of the following:
3            (A) the financial resources and needs of the child;
4            (B) the financial resources and needs of the
5        parents;
6            (C) the standard of living the child would have
7        enjoyed had the marriage or civil union not been
8        dissolved; and
9            (D) the physical and emotional condition of the
10        child and his or her educational needs.
11        (3) Income.
12            (A) As used in this Section, "gross income" means
13        the total of all income from all sources, except "gross
14        income" does not include (i) benefits received by the
15        parent from means-tested public assistance programs,
16        including, but not limited to, Temporary Assistance
17        for Needy Families, Supplemental Security Income, and
18        the Supplemental Nutrition Assistance Program or (ii)
19        benefits and income received by the parent for other
20        children in the household, including, but not limited
21        to, child support, survivor benefits, and foster care
22        payments. Social security disability and retirement
23        benefits paid for the benefit of the subject child must
24        be included in the disabled or retired parent's gross
25        income for purposes of calculating the parent's child
26        support obligation, but the parent is entitled to a

 

 

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1        child support credit for the amount of benefits paid to
2        the other party for the child. "Gross income" includes
3        maintenance treated as taxable income for federal
4        income tax purposes to the payee and received pursuant
5        to a court order in the pending proceedings or any
6        other proceedings and shall be included in the payee's
7        gross income for purposes of calculating the parent's
8        child support obligation.
9            (B) As used in this Section, "net income" means
10        gross income minus either the standardized tax amount
11        calculated pursuant to subparagraph (C) of this
12        paragraph (3) or the individualized tax amount
13        calculated pursuant to subparagraph (D) of this
14        paragraph (3), and minus any adjustments pursuant to
15        subparagraph (F) of this paragraph (3). The
16        standardized tax amount shall be used unless the
17        requirements for an individualized tax amount set
18        forth in subparagraph (E) of this paragraph (3) are
19        met. "Net income" includes maintenance not includable
20        in the gross taxable income of the payee for federal
21        income tax purposes under a court order in the pending
22        proceedings or any other proceedings and shall be
23        included in the payee's net income for purposes of
24        calculating the parent's child support obligation.
25            (C) As used in this Section, "standardized tax
26        amount" means the total of federal and state income

 

 

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1        taxes for a single person claiming the standard tax
2        deduction, one personal exemption, and the applicable
3        number of dependency exemptions for the minor child or
4        children of the parties, and Social Security and
5        Medicare tax calculated at the Federal Insurance
6        Contributions Act rate.
7                (I) Unless a court has determined otherwise or
8            the parties otherwise agree, the party with the
9            majority of parenting time shall be deemed
10            entitled to claim the dependency exemption for the
11            parties' minor child.
12                (II) The Illinois Department of Healthcare and
13            Family Services shall promulgate a standardized
14            net income conversion table that computes net
15            income by deducting the standardized tax amount
16            from gross income.
17            (D) As used in this Section, "individualized tax
18        amount" means the aggregate of the following taxes:
19                (I) federal income tax (properly calculated
20            withholding or estimated payments);
21                (II) State income tax (properly calculated
22            withholding or estimated payments); and
23                (III) Social Security or self-employment tax,
24            if applicable (or, if none, mandatory retirement
25            contributions required by law or as a condition of
26            employment) and Medicare tax calculated at the

 

 

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1            Federal Insurance Contributions Act rate.
2            (E) In lieu of a standardized tax amount, a
3        determination of an individualized tax amount may be
4        made under items (I), (II), or (III) below. If an
5        individualized tax amount determination is made under
6        this subparagraph (E), all relevant tax attributes
7        (including filing status, allocation of dependency
8        exemptions, and whether a party is to claim the use of
9        the standard deduction or itemized deductions for
10        federal income tax purposes) shall be as the parties
11        agree or as the court determines. To determine a
12        party's reported income, the court may order the party
13        to complete an Internal Revenue Service Form 4506-T,
14        Request for Tax Transcript.
15                (I) Agreement. Irrespective of whether the
16            parties agree on any other issue before the court,
17            if they jointly stipulate for the record their
18            concurrence on a computation method for the
19            individualized tax amount that is different from
20            the method set forth under subparagraph (D), the
21            stipulated method shall be used by the court unless
22            the court rejects the proposed stipulated method
23            for good cause.
24                (II) Summary hearing. If the court determines
25            child support in a summary hearing under Section
26            501 and an eligible party opts in to the

 

 

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1            individualized tax amount method under this item
2            (II), the individualized tax amount shall be
3            determined by the court on the basis of information
4            contained in one or both parties' Supreme Court
5            approved Financial Affidavit (Family & Divorce
6            Cases) and relevant supporting documents under
7            applicable court rules. No party, however, is
8            eligible to opt in unless the party, under
9            applicable court rules, has served the other party
10            with the required Supreme Court approved Financial
11            Affidavit (Family & Divorce Cases) and has
12            substantially produced supporting documents
13            required by the applicable court rules.
14                (III) Evidentiary hearing. If the court
15            determines child support in an evidentiary
16            hearing, whether for purposes of a temporary order
17            or at the conclusion of a proceeding, item (II) of
18            this subparagraph (E) does not apply. In each such
19            case (unless item (I) governs), the individualized
20            tax amount shall be as determined by the court on
21            the basis of the record established.
22            (F) Adjustments to income.
23                (I) Multi-family adjustment. If a parent is
24            also legally responsible for support of a child not
25            shared with the other parent and not subject to the
26            present proceeding, there shall be an adjustment

 

 

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1            to net income as follows:
2                    (i) Multi-family adjustment with court
3                order. The court shall deduct from the parent's
4                net income the amount of child support actually
5                paid by the parent pursuant to a support order
6                unless the court makes a finding that it would
7                cause economic hardship to the child.
8                    (ii) Multi-family adjustment without court
9                order. Upon the request or application of a
10                parent actually supporting a presumed,
11                acknowledged, or adjudicated child living in
12                or outside of that parent's household, there
13                shall be an adjustment to child support. The
14                court shall deduct from the parent's net income
15                the amount of financial support actually paid
16                by the parent for the child or 75% of the
17                support the parent should pay under the child
18                support guidelines (before this adjustment),
19                whichever is less, unless the court makes a
20                finding that it would cause economic hardship
21                to the child. The adjustment shall be
22                calculated using that parent's income alone.
23                (II) Spousal Maintenance adjustment.
24            Obligations pursuant to a court order for spousal
25            maintenance in the pending proceeding actually
26            paid or payable to the same party to whom child

 

 

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1            support is to be payable or actually paid to a
2            former spouse pursuant to a court order shall be
3            deducted from the parent's after-tax income,
4            unless the maintenance obligation is tax
5            deductible to the payor for federal income tax
6            purposes, in which case it shall be deducted from
7            the payor's gross income for purposes of
8            calculating the parent's child support obligation.
9        (3.1) Business income. For purposes of calculating
10    child support, net business income from the operation of a
11    business means gross receipts minus ordinary and necessary
12    expenses required to carry on the trade or business. As
13    used in this paragraph, "business" includes, but is not
14    limited to, sole proprietorships, closely held
15    corporations, partnerships, other flow-through business
16    entities, and self-employment. The court shall apply the
17    following:
18            (A) The accelerated component of depreciation and
19        any business expenses determined either judicially or
20        administratively to be inappropriate or excessive
21        shall be excluded from the total of ordinary and
22        necessary business expenses to be deducted in the
23        determination of net business income from gross
24        business income.
25            (B) Any item of reimbursement or in-kind payment
26        received by a parent from a business, including, but

 

 

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1        not limited to, a company car, reimbursed meals, free
2        housing, or a housing allowance, shall be counted as
3        income if not otherwise included in the recipient's
4        gross income, if the item is significant in amount and
5        reduces personal expenses.
6        (3.2) Unemployment or underemployment. If a parent is
7    voluntarily unemployed or underemployed, child support
8    shall be calculated based on a determination of potential
9    income. A determination of potential income shall be made
10    by determining employment potential and probable earnings
11    level based on the obligor's work history, occupational
12    qualifications, prevailing job opportunities, the
13    ownership by a parent of a substantial non-income producing
14    asset, and earnings levels in the community. If there is
15    insufficient work history to determine employment
16    potential and probable earnings level, there shall be a
17    rebuttable presumption that the parent's potential income
18    is 75% of the most recent United States Department of
19    Health and Human Services Federal Poverty Guidelines for a
20    family of one person.
21        (3.3) Rebuttable presumption in favor of guidelines.
22    There is a rebuttable presumption in any judicial or
23    administrative proceeding for child support that the
24    amount of the child support obligation that would result
25    from the application of the child support guidelines is the
26    correct amount of child support.

 

 

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1        (3.3a) Minimum child support obligation. There is a
2    rebuttable presumption that a minimum child support
3    obligation of $40 per month, per child, will be entered for
4    an obligor who has actual or imputed gross income at or
5    less than 75% of the most recent United States Department
6    of Health and Human Services Federal Poverty Guidelines for
7    a family of one person, with a maximum total child support
8    obligation for that obligor of $120 per month to be divided
9    equally among all of the obligor's children.
10        (3.3b) Zero dollar child support order. For parents
11    with no gross income, who receive only means-tested
12    assistance, or who cannot work due to a medically proven
13    disability, incarceration, or institutionalization, there
14    is a rebuttable presumption that the $40 per month minimum
15    support order is inapplicable and a zero dollar order shall
16    be entered.
17        (3.4) Deviation factors. In any action to establish or
18    modify child support, whether pursuant to a temporary or
19    final administrative or court order, the child support
20    guidelines shall be used as a rebuttable presumption for
21    the establishment or modification of the amount of child
22    support. The court may deviate from the child support
23    guidelines if the application would be inequitable,
24    unjust, or inappropriate. Any deviation from the
25    guidelines shall be accompanied by written findings by the
26    court specifying the reasons for the deviation and the

 

 

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1    presumed amount under the child support guidelines without
2    a deviation. These reasons may include:
3            (A) extraordinary medical expenditures necessary
4        to preserve the life or health of a party or a child of
5        either or both of the parties;
6            (B) additional expenses incurred for a child
7        subject to the child support order who has special
8        medical, physical, or developmental needs; and
9            (C) any other factor the court determines should be
10        applied upon a finding that the application of the
11        child support guidelines would be inappropriate, after
12        considering the best interest of the child.
13        (3.5) Income in excess of the schedule of basic child
14    support obligation. A court may use its discretion to
15    determine child support if the combined adjusted net income
16    of the parties exceeds the highest level of the schedule of
17    basic child support obligation, except that the basic child
18    support obligation shall not be less than the highest level
19    of combined net income set forth in the schedule of basic
20    child support obligation.
21        (3.6) Extracurricular activities and school expenses.
22    The court, in its discretion, in addition to the basic
23    child support obligation, may order either or both parents
24    owing a duty of support to the child to contribute to the
25    reasonable school and extracurricular activity expenses
26    incurred which are intended to enhance the educational,

 

 

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1    athletic, social, or cultural development of the child.
2        (3.7) Child care expenses. The court, in its
3    discretion, in addition to the basic child support
4    obligation, may order either or both parents owing a duty
5    of support to the child to contribute to the reasonable
6    child care expenses of the child. The child care expenses
7    shall be made payable directly to a party or directly to
8    the child care provider at the time of child care services.
9            (A) "Child care expenses" means actual expenses
10        reasonably necessary to enable a parent or non-parent
11        custodian to be employed, to attend educational or
12        vocational training programs to improve employment
13        opportunities, or to search for employment. "Child
14        care expenses" also includes deposits for securing
15        placement in a child care program, the cost of before
16        and after school care, and camps when school is not in
17        session. A child's special needs shall be a
18        consideration in determining reasonable child care
19        expenses.
20            (B) Child care expenses shall be prorated in
21        proportion to each parent's percentage share of
22        combined net income, and may be added to the basic
23        child support obligation if not paid directly by each
24        parent to the provider of child care services. The
25        obligor's and obligee's portion of actual child care
26        expenses shall appear in the support order. If allowed,

 

 

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1        the value of the federal income tax credit for child
2        care shall be subtracted from the actual cost to
3        determine the net child care costs.
4            (C) The amount of child care expenses shall be
5        adequate to obtain reasonable and necessary child
6        care. The actual child care expenses shall be used to
7        calculate the child care expenses, if available. When
8        actual child care expenses vary, the actual child care
9        expenses may be averaged over the most recent 12-month
10        period. When a parent is temporarily unemployed or
11        temporarily not attending educational or vocational
12        training programs, future child care expenses shall be
13        based upon prospective expenses to be incurred upon
14        return to employment or educational or vocational
15        training programs.
16            (D) An order for child care expenses may be
17        modified upon a showing of a substantial change in
18        circumstances. The party incurring child care expenses
19        shall notify the other party within 14 days of any
20        change in the amount of child care expenses that would
21        affect the annualized child care amount as determined
22        in the support order.
23        (3.8) Shared physical care. If each parent exercises
24    146 or more overnights per year with the child, the basic
25    child support obligation is multiplied by 1.5 to calculate
26    the shared care child support obligation. The court shall

 

 

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1    determine each parent's share of the shared care child
2    support obligation based on the parent's percentage share
3    of combined net income. The child support obligation is
4    then computed for each parent by multiplying that parent's
5    portion of the shared care support obligation by the
6    percentage of time the child spends with the other parent.
7    The respective child support obligations are then offset,
8    with the parent owing more child support paying the
9    difference between the child support amounts. The Illinois
10    Department of Healthcare and Family Services shall
11    promulgate a worksheet to calculate child support in cases
12    in which the parents have shared physical care and use the
13    standardized tax amount to determine net income.
14        (3.9) Split physical care. When there is more than one
15    child and each parent has physical care of at least one but
16    not all of the children, the support is calculated by using
17    2 child support worksheets to determine the support each
18    parent owes the other. The support shall be calculated as
19    follows:
20            (A) compute the support the first parent would owe
21        to other parent as if the child in his or her care was
22        the only child of the parties; then
23            (B) compute the support the other parent would owe
24        to the first parent as if the child in his or her care
25        were the only child of the parties; then
26            (C) subtract the lesser support obligation from

 

 

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1        the greater.
2        The parent who owes the greater obligation shall be
3    ordered to pay the difference in support to the other
4    parent, unless the court determines, pursuant to other
5    provisions of this Section, that it should deviate from the
6    guidelines.
7        (4) Health care.
8            (A) A portion of the basic child support obligation
9        is intended to cover basic ordinary out-of-pocket
10        medical expenses. The court, in its discretion, in
11        addition to the basic child support obligation, shall
12        also provide for the child's current and future medical
13        needs by ordering either or both parents to initiate
14        health insurance coverage for the child through
15        currently effective health insurance policies held by
16        the parent or parents, purchase one or more or all
17        health, dental, or vision insurance policies for the
18        child, or provide for the child's current and future
19        medical needs through some other manner.
20            (B) The court, in its discretion, may order either
21        or both parents to contribute to the reasonable health
22        care needs of the child not covered by insurance,
23        including, but not limited to, unreimbursed medical,
24        dental, orthodontic, or vision expenses and any
25        prescription medication for the child not covered
26        under the child's health insurance.

 

 

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1            (C) If neither parent has access to appropriate
2        private health insurance coverage, the court may
3        order:
4                (I) one or both parents to provide health
5            insurance coverage at any time it becomes
6            available at a reasonable cost; or
7                (II) the parent or non-parent custodian with
8            primary physical responsibility for the child to
9            apply for public health insurance coverage for the
10            child and require either or both parents to pay a
11            reasonable amount of the cost of health insurance
12            for the child.
13            The order may also provide that any time private
14        health insurance coverage is available at a reasonable
15        cost to that party it will be provided instead of cash
16        medical support. As used in this Section, "cash medical
17        support" means an amount ordered to be paid toward the
18        cost of health insurance provided by a public entity or
19        by another person through employment or otherwise or
20        for other medical costs not covered by insurance.
21            (D) The amount to be added to the basic child
22        support obligation shall be the actual amount of the
23        total health insurance premium that is attributable to
24        the child who is the subject of the order. If this
25        amount is not available or cannot be verified, the
26        total cost of the health insurance premium shall be

 

 

SB1131- 19 -LRB101 08576 LNS 53655 b

1        divided by the total number of persons covered by the
2        policy. The cost per person derived from this
3        calculation shall be multiplied by the number of
4        children who are the subject of the order and who are
5        covered under the health insurance policy. This amount
6        shall be added to the basic child support obligation
7        and shall be allocated between the parents in
8        proportion to their respective net incomes.
9            (E) After the health insurance premium for the
10        child is added to the basic child support obligation
11        and allocated between the parents in proportion to
12        their respective incomes for child support purposes,
13        if the obligor is paying the premium, the amount
14        calculated for the obligee's share of the health
15        insurance premium for the child shall be deducted from
16        the obligor's share of the total child support
17        obligation. If the obligee is paying for private health
18        insurance for the child, the child support obligation
19        shall be increased by the obligor's share of the
20        premium payment. The obligor's and obligee's portion
21        of health insurance costs shall appear in the support
22        order.
23            (F) Prior to allowing the health insurance
24        adjustment, the parent requesting the adjustment must
25        submit proof that the child has been enrolled in a
26        health insurance plan and must submit proof of the cost

 

 

SB1131- 20 -LRB101 08576 LNS 53655 b

1        of the premium. The court shall require the parent
2        receiving the adjustment to annually submit proof of
3        continued coverage of the child to the other parent, or
4        as designated by the court.
5            (G) A reasonable cost for providing health
6        insurance coverage for the child may not exceed 5% of
7        the providing parent's gross income. Parents with a net
8        income below 133% of the most recent United States
9        Department of Health and Human Services Federal
10        Poverty Guidelines or whose child is covered by
11        Medicaid based on that parent's income may not be
12        ordered to contribute toward or provide private
13        coverage, unless private coverage is obtainable
14        without any financial contribution by that parent.
15            (H) If dental or vision insurance is included as
16        part of the employer's medical plan, the coverage shall
17        be maintained for the child. If not included in the
18        employer's medical plan, adding the dental or vision
19        insurance for the child is at the discretion of the
20        court.
21            (I) If a parent has been directed to provide health
22        insurance pursuant to this paragraph and that parent's
23        spouse or legally recognized partner provides the
24        insurance for the benefit of the child either directly
25        or through employment, a credit on the child support
26        worksheet shall be given to that parent in the same

 

 

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1        manner as if the premium were paid by that parent.
2        (4.5) In a proceeding for child support following
3    dissolution of the marriage or civil union by a court that
4    lacked personal jurisdiction over the absent spouse, and in
5    which the court is requiring payment of support for the
6    period before the date an order for current support is
7    entered, there is a rebuttable presumption that the
8    obligor's net income for the prior period was the same as
9    his or her net income at the time the order for current
10    support is entered.
11        (5) If the net income cannot be determined because of
12    default or any other reason, the court shall order support
13    in an amount considered reasonable in the particular case.
14    The final order in all cases shall state the support level
15    in dollar amounts. However, if the court finds that the
16    child support amount cannot be expressed exclusively as a
17    dollar amount because all or a portion of the obligor's net
18    income is uncertain as to source, time of payment, or
19    amount, the court may order a percentage amount of support
20    in addition to a specific dollar amount and enter such
21    other orders as may be necessary to determine and enforce,
22    on a timely basis, the applicable support ordered.
23        (6) If (i) the obligor was properly served with a
24    request for discovery of financial information relating to
25    the obligor's ability to provide child support, (ii) the
26    obligor failed to comply with the request, despite having

 

 

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1    been ordered to do so by the court, and (iii) the obligor
2    is not present at the hearing to determine support despite
3    having received proper notice, then any relevant financial
4    information concerning the obligor's ability to provide
5    child support that was obtained pursuant to subpoena and
6    proper notice shall be admitted into evidence without the
7    need to establish any further foundation for its admission.
8    (a-5) In an action to enforce an order for child support
9based on the obligor's failure to make support payments as
10required by the order, notice of proceedings to hold the
11obligor in contempt for that failure may be served on the
12obligor by personal service or by regular mail addressed to the
13last known address of the obligor. The last known address of
14the obligor may be determined from records of the clerk of the
15court, from the Federal Case Registry of Child Support Orders,
16or by any other reasonable means.
17    (b) Failure of either parent to comply with an order to pay
18support shall be punishable as in other cases of contempt. In
19addition to other penalties provided by law the court may,
20after finding the parent guilty of contempt, order that the
21parent be:
22        (1) placed on probation with such conditions of
23    probation as the court deems advisable;
24        (2) sentenced to periodic imprisonment for a period not
25    to exceed 6 months; provided, however, that the court may
26    permit the parent to be released for periods of time during

 

 

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1    the day or night to:
2            (A) work; or
3            (B) conduct a business or other self-employed
4        occupation.
5    The court may further order any part or all of the earnings
6of a parent during a sentence of periodic imprisonment paid to
7the Clerk of the Circuit Court or to the parent having physical
8possession of the child or to the non-parent custodian having
9custody of the child of the sentenced parent for the support of
10the child until further order of the court.
11    If a parent who is found guilty of contempt for failure to
12comply with an order to pay support is a person who conducts a
13business or who is self-employed, the court in addition to
14other penalties provided by law may order that the parent do
15one or more of the following: (i) provide to the court monthly
16financial statements showing income and expenses from the
17business or the self-employment; (ii) seek employment and
18report periodically to the court with a diary, listing, or
19other memorandum of his or her employment search efforts; or
20(iii) report to the Department of Employment Security for job
21search services to find employment that will be subject to
22withholding for child support.
23    If there is a unity of interest and ownership sufficient to
24render no financial separation between an obligor and another
25person or persons or business entity, the court may pierce the
26ownership veil of the person, persons, or business entity to

 

 

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1discover assets of the obligor held in the name of that person,
2those persons, or that business entity. The following
3circumstances are sufficient to authorize a court to order
4discovery of the assets of a person, persons, or business
5entity and to compel the application of any discovered assets
6toward payment on the judgment for support:
7        (1) the obligor and the person, persons, or business
8    entity maintain records together.
9        (2) the obligor and the person, persons, or business
10    entity fail to maintain an arm's length relationship
11    between themselves with regard to any assets.
12        (3) the obligor transfers assets to the person,
13    persons, or business entity with the intent to perpetrate a
14    fraud on the obligee.
15    With respect to assets which are real property, no order
16entered under this paragraph shall affect the rights of bona
17fide purchasers, mortgagees, judgment creditors, or other lien
18holders who acquire their interests in the property prior to
19the time a notice of lis pendens pursuant to the Code of Civil
20Procedure or a copy of the order is placed of record in the
21office of the recorder of deeds for the county in which the
22real property is located.
23    The court may also order in cases where the parent is 90
24days or more delinquent in payment of support or has been
25adjudicated in arrears in an amount equal to 90 days obligation
26or more, that the parent's Illinois driving privileges be

 

 

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1suspended until the court determines that the parent is in
2compliance with the order of support. The court may also order
3that the parent be issued a family financial responsibility
4driving permit that would allow limited driving privileges for
5employment and medical purposes in accordance with Section
67-702.1 of the Illinois Vehicle Code. The Clerk of the Circuit
7Court shall certify the order suspending the driving privileges
8of the parent or granting the issuance of a family financial
9responsibility driving permit to the Secretary of State on
10forms prescribed by the Secretary of State. Upon receipt of the
11authenticated documents, the Secretary of State shall suspend
12the parent's driving privileges until further order of the
13court and shall, if ordered by the court, subject to the
14provisions of Section 7-702.1 of the Illinois Vehicle Code,
15issue a family financial responsibility driving permit to the
16parent.
17    In addition to the penalties or punishment that may be
18imposed under this Section, any person whose conduct
19constitutes a violation of Section 15 of the Non-Support
20Punishment Act may be prosecuted under that Act, and a person
21convicted under that Act may be sentenced in accordance with
22that Act. The sentence may include but need not be limited to a
23requirement that the person perform community service under
24Section 50 of that Act or participate in a work alternative
25program under Section 50 of that Act. A person may not be
26required to participate in a work alternative program under

 

 

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1Section 50 of that Act if the person is currently participating
2in a work program pursuant to Section 505.1 of this Act.
3    A support obligation, or any portion of a support
4obligation, which becomes due and remains unpaid as of the end
5of each month, excluding the child support that was due for
6that month to the extent that it was not paid in that month,
7shall accrue simple interest as set forth in Section 12-109 of
8the Code of Civil Procedure. An order for support entered or
9modified on or after January 1, 2006 shall contain a statement
10that a support obligation required under the order, or any
11portion of a support obligation required under the order, that
12becomes due and remains unpaid as of the end of each month,
13excluding the child support that was due for that month to the
14extent that it was not paid in that month, shall accrue simple
15interest as set forth in Section 12-109 of the Code of Civil
16Procedure. Failure to include the statement in the order for
17support does not affect the validity of the order or the
18accrual of interest as provided in this Section.
19    (c) A one-time charge of 20% is imposable upon the amount
20of past-due child support owed on July 1, 1988 which has
21accrued under a support order entered by the court. The charge
22shall be imposed in accordance with the provisions of Section
2310-21 of the Illinois Public Aid Code and shall be enforced by
24the court upon petition.
25    (d) Any new or existing support order entered by the court
26under this Section shall be deemed to be a series of judgments

 

 

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1against the person obligated to pay support thereunder, each
2such judgment to be in the amount of each payment or
3installment of support and each such judgment to be deemed
4entered as of the date the corresponding payment or installment
5becomes due under the terms of the support order. Each such
6judgment shall have the full force, effect and attributes of
7any other judgment of this State, including the ability to be
8enforced. Notwithstanding any other State or local law to the
9contrary, a lien arises by operation of law against the real
10and personal property of the obligor for each installment of
11overdue support owed by the obligor.
12    (e) When child support is to be paid through the Clerk of
13the Court in a county of 500,000 inhabitants or less, the order
14shall direct the obligor to pay to the Clerk, in addition to
15the child support payments, all fees imposed by the county
16board under paragraph (4) of subsection (bb) of Section 27.1a
17of the Clerks of Courts Act. When child support is to be paid
18through the clerk of the court in a county of more than 500,000
19but less than 3,000,000 inhabitants, the order shall direct the
20obligor to pay to the clerk, in addition to the child support
21payments, all fees imposed by the county board under paragraph
22(4) of subsection (bb) of Section 27.2 of the Clerks of Courts
23Act. Unless paid pursuant to an Income Withholding Order/Notice
24for Support, the payment of the fee shall be by payment
25acceptable to the clerk and shall be made to the order of the
26Clerk.

 

 

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1    (f) All orders for support, when entered or modified, shall
2include a provision requiring the obligor to notify the court
3and, in cases in which a party is receiving child and spouse
4services under Article X of the Illinois Public Aid Code, the
5Department of Healthcare and Family Services, within 7 days,
6(i) of the name and address of any new employer of the obligor,
7(ii) whether the obligor has access to health insurance
8coverage through the employer or other group coverage and, if
9so, the policy name and number and the names of persons covered
10under the policy, except only the initials of any covered
11minors shall be included, and (iii) of any new residential or
12mailing address or telephone number of the obligor. In any
13subsequent action to enforce a support order, upon a sufficient
14showing that a diligent effort has been made to ascertain the
15location of the obligor, service of process or provision of
16notice necessary in the case may be made at the last known
17address of the obligor in any manner expressly provided by the
18Code of Civil Procedure or this Act, which service shall be
19sufficient for purposes of due process.
20    (g) An order for support shall include a date on which the
21current support obligation terminates. The termination date
22shall be no earlier than the date on which the child covered by
23the order will attain the age of 18. However, if the child will
24not graduate from high school until after attaining the age of
2518, then the termination date shall be no earlier than the
26earlier of the date on which the child's high school graduation

 

 

SB1131- 29 -LRB101 08576 LNS 53655 b

1will occur or the date on which the child will attain the age
2of 19. The order for support shall state that the termination
3date does not apply to any arrearage that may remain unpaid on
4that date. Nothing in this subsection shall be construed to
5prevent the court from modifying the order or terminating the
6order in the event the child is otherwise emancipated.
7    (g-5) If there is an unpaid arrearage or delinquency (as
8those terms are defined in the Income Withholding for Support
9Act) equal to at least one month's support obligation on the
10termination date stated in the order for support or, if there
11is no termination date stated in the order, on the date the
12child attains the age of majority or is otherwise emancipated,
13the periodic amount required to be paid for current support of
14that child immediately prior to that date shall automatically
15continue to be an obligation, not as current support but as
16periodic payment toward satisfaction of the unpaid arrearage or
17delinquency. That periodic payment shall be in addition to any
18periodic payment previously required for satisfaction of the
19arrearage or delinquency. The total periodic amount to be paid
20toward satisfaction of the arrearage or delinquency may be
21enforced and collected by any method provided by law for
22enforcement and collection of child support, including but not
23limited to income withholding under the Income Withholding for
24Support Act. Each order for support entered or modified on or
25after January 1, 2005 (the effective date of Public Act
2693-1061) must contain a statement notifying the parties of the

 

 

SB1131- 30 -LRB101 08576 LNS 53655 b

1requirements of this subsection. Failure to include the
2statement in the order for support does not affect the validity
3of the order or the operation of the provisions of this
4subsection with regard to the order. This subsection shall not
5be construed to prevent or affect the establishment or
6modification of an order for support of a minor child or the
7establishment or modification of an order for support of a
8non-minor child or educational expenses under Section 513 of
9this Act.
10    (h) An order entered under this Section shall include a
11provision requiring either parent to report to the other parent
12and to the Clerk of Court within 10 days each time either
13parent obtains new employment, and each time either parent's
14employment is terminated for any reason. The report shall be in
15writing and shall, in the case of new employment, include the
16name and address of the new employer. Failure to report new
17employment or the termination of current employment, if coupled
18with nonpayment of support for a period in excess of 60 days,
19is indirect criminal contempt. For either parent arrested for
20failure to report new employment bond shall be set in the
21amount of the child support that should have been paid during
22the period of unreported employment. An order entered under
23this Section shall also include a provision requiring either
24obligor and obligee to advise the other of a change in
25residence within 5 days of the change except when the court
26finds that the physical, mental, or emotional health of a party

 

 

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1or that of a child, or both, would be seriously endangered by
2disclosure of the party's address.
3    (i) The court does not lose the powers of contempt,
4driver's license suspension, or other child support
5enforcement mechanisms, including, but not limited to,
6criminal prosecution as set forth in this Act, upon the
7emancipation of the minor child.
8(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17; 99-764,
9eff. 7-1-17; 100-15, eff. 7-1-17; 100-863, eff. 8-14-18;
10100-923, eff. 1-1-19.)