102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4133

 

Introduced 9/3/2021, by Rep. Margaret Croke

 

SYNOPSIS AS INTRODUCED:
 
New Act
750 ILCS 46/802

    Creates the Pregnancy Expenses Act. Provides that a biological father of a child has a duty to pay 50% of the mother's pregnancy expenses. Provides that if a person seeks payment of pregnancy expenses by providing documentation of payments, medical expenses, and insurance premiums, the court shall, after review, order the payment of the pregnancy expenses. Amends the Illinois Parentage Act of 2015. Deletes language providing that a parentage judgment or order may direct either parent to pay the reasonable expenses incurred by either parent or the Department of Healthcare and Family Services related to the mother's pregnancy and the delivery of the child. Provides instead that the judgment or order may direct the biological father to pay 50% of pregnancy expenses, as defined in the Pregnancy Expenses Act, incurred by the mother or the Department of Healthcare and Family Services, and that the court, in its discretion, may direct the biological father to pay more than 50% of pregnancy expenses. Effective immediately.


LRB102 19907 LNS 28684 b

 

 

A BILL FOR

 

HB4133LRB102 19907 LNS 28684 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 1. Short title. This Act may be cited as the
5Pregnancy Expenses Act.
 
6    Section 5. Definitions. As used in this Act, "pregnancy
7expenses" means an amount equal to:
8    (1) the sum of a pregnant mother's:
9        (A) health insurance premiums while pregnant that are
10    not paid by an employer or government program; and
11        (B) medical costs related to the pregnancy, incurred
12    after the date of conception and before the pregnancy
13    ends, including any medical costs related to the delivery
14    of the child; minus
15    (2) any portion of the amount described in paragraph (1)
16that a court determines is equitable based on the totality of
17the circumstances, not including any amount paid by the mother
18or father of the child.
 
19    Section 10. Pregnancy expenses.
20    (a) Except as otherwise provided in this Section, a
21biological father of a child has a duty to pay 50% of the
22mother's pregnancy expenses. If paternity is disputed, a

 

 

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1biological father owes no duty under this Section until the
2biological father's paternity is established.
3    (b) Any portion of a mother's pregnancy expenses paid by
4the mother or the biological father reduces that parent's 50%
5share under subsection (a), not the total amount of pregnancy
6expenses. This subsection applies regardless of when the
7mother or biological father pays the pregnancy expense.
8    (c) In an action seeking the payment of pregnancy
9expenses, the court, in its discretion, may order the
10biological father to pay more than 50% of the pregnancy
11expenses.
12    (d) This Section does not apply if the court apportions
13pregnancy expenses under Article 8 of the Illinois Parentage
14Act of 2015 or Article V of the Illinois Marriage and
15Dissolution of Marriage Act.
16    (e) If a person seeks payment of pregnancy expenses under
17this Section by providing documentation of payments, medical
18expenses, and insurance premiums, the court shall, after
19review, order the payment of the pregnancy expenses.
 
20    Section 15. The Illinois Parentage Act of 2015 is amended
21by changing Section 802 as follows:
 
22    (750 ILCS 46/802)
23    Sec. 802. Judgment.
24    (a) The court shall issue an order adjudicating whether a

 

 

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1person alleged or claiming to be the parent is the parent of
2the child. An order adjudicating parentage must identify the
3child by name and date of birth.
4    The court may assess filing fees, reasonable attorney's
5fees, fees for genetic testing, other costs, necessary travel
6expenses, and other reasonable expenses incurred in a
7proceeding under this Act. The court may award attorney's
8fees, which may be paid directly to the attorney, who may
9enforce the order in the attorney's own name. The court may not
10assess fees, costs, or expenses against the
11support-enforcement agency of this State or another state,
12except as provided by other law.
13    The judgment shall contain or explicitly reserve
14provisions concerning any duty and amount of child support and
15may contain provisions concerning the allocation of parental
16responsibilities or guardianship of the child, parenting time
17privileges with the child, and the furnishing of bond or other
18security for the payment of the judgment, which the court
19shall determine in accordance with the relevant factors set
20forth in the Illinois Marriage and Dissolution of Marriage Act
21and any other applicable law of this State, to guide the court
22in a finding in the best interests of the child. In determining
23the allocation of parental responsibilities, relocation,
24parenting time, parenting time interference, support for a
25non-minor disabled child, educational expenses for a non-minor
26child, and related post-judgment issues, the court shall apply

 

 

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1the relevant standards of the Illinois Marriage and
2Dissolution of Marriage Act. Specifically, in determining the
3amount of a child support award, the court shall use the
4guidelines and standards set forth in subsection (a) of
5Section 505 and in Section 505.2 of the Illinois Marriage and
6Dissolution of Marriage Act. The court shall order all child
7support payments, determined in accordance with such
8guidelines, to commence with the date summons is served. The
9level of current periodic support payments shall not be
10reduced because of payments set for the period prior to the
11date of entry of the support order.
12    (b) In an action brought within 2 years after a child's
13birth, the judgment or order may direct the biological father
14either parent to pay 50% of pregnancy the reasonable expenses,
15as defined in the Pregnancy Expenses Act, incurred by the
16mother either parent or the Department of Healthcare and
17Family Services. However, the court, in its discretion, may
18direct the biological father to pay more than 50% of pregnancy
19expenses related to the mother's pregnancy and the delivery of
20the child.
21    (c) In the absence of an explicit order or judgment for the
22allocation of parental responsibilities, the establishment of
23a child support obligation or the allocation of parenting time
24to one parent shall be construed as an order or judgment
25allocating all parental responsibilities to the other parent.
26If the parentage order or judgment contains no such

 

 

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1provisions, all parental responsibilities shall be presumed to
2be allocated to the mother; however, the presumption shall not
3apply if the child has resided primarily with the other parent
4for at least 6 months prior to the date that the mother seeks
5to enforce the order or judgment of parentage.
6    (d) The court, if necessary to protect and promote the
7best interests of the child, may set aside a portion of the
8separately held estates of the parties in a separate fund or
9trust for the support, education, physical and mental health,
10and general welfare of a minor or mentally or physically
11disabled child of the parties.
12    (e) The court may order child support payments to be made
13for a period prior to the commencement of the action. In
14determining whether and to what extent the payments shall be
15made for the prior period, the court shall consider all
16relevant facts, including but not limited to:
17        (1) The factors for determining the amount of support
18    specified in the Illinois Marriage and Dissolution of
19    Marriage Act.
20        (2) The prior knowledge of the person obligated to pay
21    support of the fact and circumstances of the child's
22    birth.
23        (3) The father's prior willingness or refusal to help
24    raise or support the child.
25        (4) The extent to which the mother or the public
26    agency bringing the action previously informed the person

 

 

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1    obligated to pay support of the child's needs or attempted
2    to seek or require the help of the person obligated to pay
3    support in raising or supporting the child.
4        (5) The reasons the mother or the public agency did
5    not file the action earlier.
6        (6) The extent to which the person obligated to pay
7    support would be prejudiced by the delay in bringing the
8    action.
9    For purposes of determining the amount of child support to
10be paid for the period before the date the order for current
11child support is entered, there is a rebuttable presumption
12that the net income of the person obligated to pay support for
13the prior period was the same as the net income of the person
14obligated to pay support at the time the order for current
15child support is entered.
16    If (i) the person obligated to pay support was properly
17served with a request for discovery of financial information
18relating to the ability to provide child support of the person
19obligated to pay support; (ii) the person obligated to pay
20support failed to comply with the request, despite having been
21ordered to do so by the court; and (iii) the person obligated
22to pay support is not present at the hearing to determine
23support despite having received proper notice, then any
24relevant financial information concerning the ability to
25provide child support of the person obligated to pay support
26that was obtained pursuant to subpoena and proper notice shall

 

 

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1be admitted into evidence without the need to establish any
2further foundation for its admission.
3    (f) A new or existing support order entered by the court
4under this Section shall be deemed to be a series of judgments
5against the person obligated to pay support thereunder, each
6judgment to be in the amount of each payment or installment of
7support and each judgment to be deemed entered as of the date
8the corresponding payment or installment becomes due under the
9terms of the support order. Each judgment shall have the full
10force, effect, and attributes of any other judgment of this
11State, including the ability to be enforced. A judgment under
12this Section is subject to modification or termination only in
13accordance with Section 510 of the Illinois Marriage and
14Dissolution of Marriage Act. Notwithstanding any State or
15local law to the contrary, a lien arises by operation of law
16against the real and personal property of the noncustodial
17parent for each installment of overdue support owed by the
18noncustodial parent.
19    (g) If the judgment or order of the court is at variance
20with the child's birth certificate, the court shall order that
21a new birth certificate be issued under the Vital Records Act.
22    (h) On the request of both parents, the court shall order a
23change in the child's name.
24    (i) After hearing evidence, the court may stay payment of
25support during the period of the father's minority or period
26of disability.

 

 

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1    (j) If, upon a showing of proper service, the father fails
2to appear in court or otherwise appear as provided by law, the
3court may proceed to hear the cause upon testimony of the
4mother or other parties taken in open court and shall enter a
5judgment by default. The court may reserve any order as to the
6amount of child support until the father has received notice,
7by regular mail, of a hearing on the matter.
8    (k) An order for support, when entered or modified, shall
9include a provision requiring the non-custodial parent to
10notify the court and, in cases in which a party is receiving
11child support enforcement services under Article X of the
12Illinois Public Aid Code, the Department of Healthcare and
13Family Services, within 7 days: (i) of the name and address of
14any new employer of the non-custodial parent; (ii) whether the
15non-custodial parent has access to health insurance coverage
16through the employer or other group coverage and, if so, of the
17policy name and number and the names of adults and initials of
18minors covered under the policy; and (iii) of any new
19residential or mailing address or telephone number of the
20non-custodial parent. In a subsequent action to enforce a
21support order, upon a sufficient showing that a diligent
22effort has been made to ascertain the location of the
23non-custodial parent, service of process or provision of
24notice necessary in the case may be made at the last known
25address of the non-custodial parent in any manner expressly
26provided by this Act or the Code of Civil Procedure, and shall

 

 

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1be sufficient for purposes of due process.
2    (l) An order for support shall include a date on which the
3current support obligation terminates. The termination date
4shall be no earlier than the date on which the child covered by
5the order will attain the age of 18. However, if the child will
6not graduate from high school until after attaining the age of
718, then the termination date shall be no earlier than the
8earlier of the date on which the child's high school
9graduation will occur or the date on which the child will
10attain the age of 19. The order for support shall state that
11the termination date does not apply to any arrearage that may
12remain unpaid on that date. Nothing in this subsection shall
13be construed to prevent the court from modifying the order or
14terminating the order in the event the child is otherwise
15emancipated.
16    (m) If there is an unpaid arrearage or delinquency (as
17those terms are defined in the Income Withholding for Support
18Act) equal to at least one month's support obligation on the
19termination date stated in the order for support or, if there
20is no termination date stated in the order, on the date the
21child attains the age of majority or is otherwise emancipated,
22the periodic amount required to be paid for current support of
23that child immediately prior to that date shall automatically
24continue to be an obligation, not as current support but as
25periodic payment toward satisfaction of the unpaid arrearage
26or delinquency. The periodic payment shall be in addition to

 

 

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1any periodic payment previously required for satisfaction of
2the arrearage or delinquency. The total periodic amount to be
3paid toward satisfaction of the arrearage or delinquency may
4be enforced and collected by any method provided by law for
5enforcement and collection of child support, including but not
6limited to income withholding under the Income Withholding for
7Support Act. Each order for support entered or modified must
8contain a statement notifying the parties of the requirements
9of this subsection. Failure to include the statement in the
10order for support does not affect the validity of the order or
11the operation of the provisions of this subsection with regard
12to the order. This subsection shall not be construed to
13prevent or affect the establishment or modification of an
14order for support of a minor child or the establishment or
15modification of an order for support of a non-minor child or
16educational expenses under Section 513 of the Illinois
17Marriage and Dissolution of Marriage Act.
18    (n) An order entered under this Section shall include a
19provision requiring the obligor to report to the obligee and
20to the clerk of court within 7 days each time the obligor
21obtains new employment, and each time the obligor's employment
22is terminated for any reason. The report shall be in writing
23and shall, in the case of new employment, include the name and
24address of the new employer. Failure to report new employment
25or the termination of current employment, if coupled with
26nonpayment of support for a period in excess of 60 days, is

 

 

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1indirect criminal contempt. For an obligor arrested for
2failure to report new employment, bond shall be set in the
3amount of the child support that should have been paid during
4the period of unreported employment. An order entered under
5this Section shall also include a provision requiring the
6obligor and obligee parents to advise each other of a change in
7residence within 5 days of the change except when the court
8finds that the physical, mental, or emotional health of a
9party or that of a minor child, or both, would be seriously
10endangered by disclosure of the party's address.
11(Source: P.A. 99-85, eff. 1-1-16; 99-769, eff. 1-1-17.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.