093_HB2863

 
                                     LRB093 09952 LCB 10203 b

 1        AN ACT concerning child support.

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

 4        Section 5.  The  Illinois  Marriage  and  Dissolution  of
 5    Marriage Act is amended by changing Section 505 as follows:

 6        (750 ILCS 5/505) (from Ch. 40, par. 505)
 7        (Text of Section before amendment by P.A. 92-876)
 8        Sec. 505.  Child support; contempt; penalties.
 9        (a)  In  a  proceeding for dissolution of marriage, legal
10    separation,  declaration  of  invalidity   of   marriage,   a
11    proceeding  for  child  support  following dissolution of the
12    marriage by a court which lacked personal  jurisdiction  over
13    the  absent  spouse,  a  proceeding  for  modification  of  a
14    previous  order  for  child support under Section 510 of this
15    Act, or any proceeding authorized under Section 501 or 601 of
16    this Act, the court may order either or both parents owing  a
17    duty  of  support to a child of the marriage to pay an amount
18    reasonable and necessary for his support, without  regard  to
19    marital  misconduct.  The  duty  of  support  owed to a minor
20    child includes the obligation to provide for  the  reasonable
21    and  necessary physical, mental and emotional health needs of
22    the child.
23             (1)  The Court shall determine the minimum amount of
24        support by using the following guidelines:
25          Number of Children       Percent of Supporting Party's
26                                             Net Income
27                  1                             20%
28                  2                            28%25%
29                  3                             32%
30                  4                             40%
31                  5                             45%
 
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 1              6 or more                         50%
 2             (2)  The above guidelines shall be applied  in  each
 3        case unless the court makes a finding that application of
 4        the  guidelines would be inappropriate, after considering
 5        the best interests of the  child  in  light  of  evidence
 6        including but not limited to one or more of the following
 7        relevant factors:
 8                  (a)  the  financial  resources and needs of the
 9             child;
10                  (b)  the financial resources and needs  of  the
11             custodial parent;
12                  (c)  the  standard  of  living  the child would
13             have enjoyed had the marriage not been dissolved;
14                  (d)  the physical and  emotional  condition  of
15             the child, and his educational needs; and
16                  (e)  the  financial  resources and needs of the
17             non-custodial parent.
18             If the  court  deviates  from  the  guidelines,  the
19        court's  finding  shall  state the amount of support that
20        would  have  been  required  under  the  guidelines,   if
21        determinable.   The  court  shall  include  the reason or
22        reasons for the variance from the guidelines.
23             (3)  "Net income" is defined as  the  total  of  all
24        income from all sources, minus the following deductions:
25                  (a)  Federal  income  tax  (properly calculated
26             withholding or estimated payments);
27                  (b)  State  income  tax  (properly   calculated
28             withholding or estimated payments);
29                  (c)  Social Security (FICA payments);
30                  (d)  Mandatory     retirement     contributions
31             required by law or as a condition of employment;
32                  (e)  Union dues;
33                  (f)  Dependent          and          individual
34             health/hospitalization insurance premiums;
 
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 1                  (g)  Prior    obligations    of    support   or
 2             maintenance actually paid pursuant to a court order;
 3                  (h)  Expenditures for repayment of  debts  that
 4             represent  reasonable and necessary expenses for the
 5             production of income, medical expenditures necessary
 6             to preserve life or health, reasonable  expenditures
 7             for  the  benefit of the child and the other parent,
 8             exclusive of gifts.   The  court  shall  reduce  net
 9             income  in determining the minimum amount of support
10             to be ordered only for the period that such payments
11             are  due  and  shall  enter  an   order   containing
12             provisions  for its self-executing modification upon
13             termination of such payment period.
14             (4)  In cases where the  court  order  provides  for
15        health/hospitalization  insurance  coverage  pursuant  to
16        Section   505.2  of  this  Act,  the  premiums  for  that
17        insurance, or that portion of the premiums for which  the
18        supporting  party is responsible in the case of insurance
19        provided through  an  employer's  health  insurance  plan
20        where  the employer pays a portion of the premiums, shall
21        be subtracted from net income in determining the  minimum
22        amount of support to be ordered.
23             (4.5)  In  a  proceeding for child support following
24        dissolution of  the  marriage  by  a  court  that  lacked
25        personal  jurisdiction  over  the  absent  spouse, and in
26        which the court is requiring payment of support  for  the
27        period  before  the  date an order for current support is
28        entered, there  is  a  rebuttable  presumption  that  the
29        supporting  party's  net  income for the prior period was
30        the same as his or her net income at the time  the  order
31        for current support is entered.
32             (5)  If  the net income cannot be determined because
33        of default or any other reason,  the  court  shall  order
34        support   in  an  amount  considered  reasonable  in  the
 
                            -4-      LRB093 09952 LCB 10203 b
 1        particular case.  The final  order  in  all  cases  shall
 2        state  the  support  level in dollar amounts. However, if
 3        the court finds that the child support amount  cannot  be
 4        expressed exclusively as a dollar amount because all or a
 5        portion  of  the  payor's  net  income is uncertain as to
 6        source, time of payment, or amount, the court may order a
 7        percentage amount of support in addition  to  a  specific
 8        dollar  amount  and  enter  such  other  orders as may be
 9        necessary to determine and enforce, on  a  timely  basis,
10        the applicable support ordered.
11             (6)  If  (i)  the  non-custodial parent was properly
12        served  with  a  request  for  discovery   of   financial
13        information   relating   to  the  non-custodial  parent's
14        ability to provide child support, (ii) the  non-custodial
15        parent  failed to comply with the request, despite having
16        been ordered to  do  so  by  the  court,  and  (iii)  the
17        non-custodial  parent  is  not  present at the hearing to
18        determine support despite having received proper  notice,
19        then  any  relevant  financial information concerning the
20        non-custodial parent's ability to provide  child  support
21        that  was obtained pursuant to subpoena and proper notice
22        shall be admitted  into  evidence  without  the  need  to
23        establish any further foundation for its admission.
24        (a-5)  In an action to enforce an order for support based
25    on  the  respondent's  failure  to  make  support payments as
26    required by the order, notice  of  proceedings  to  hold  the
27    respondent  in contempt for that failure may be served on the
28    respondent by personal service or by regular  mail  addressed
29    to the respondent's last known address. The respondent's last
30    known  address may be determined from records of the clerk of
31    the court, from the Federal Case Registry  of  Child  Support
32    Orders, or by any other reasonable means.
33        (b)  Failure  of either parent to comply with an order to
34    pay  support  shall  be  punishable  as  in  other  cases  of
 
                            -5-      LRB093 09952 LCB 10203 b
 1    contempt.  In addition to other penalties provided by law the
 2    Court may, after finding the parent guilty of contempt, order
 3    that the parent be:
 4             (1)  placed on probation  with  such  conditions  of
 5        probation as the Court deems advisable;
 6             (2)  sentenced to periodic imprisonment for a period
 7        not to exceed 6 months; provided, however, that the Court
 8        may  permit the parent to be released for periods of time
 9        during the day or night to:
10                  (A)  work; or
11                  (B)  conduct a business or other  self-employed
12             occupation.
13        The  Court  may  further  order  any  part  or all of the
14    earnings  of  a  parent  during  a   sentence   of   periodic
15    imprisonment paid to the Clerk of the Circuit Court or to the
16    parent  having  custody  or to the guardian having custody of
17    the minor children of the sentenced parent for the support of
18    said minor children until further order of the Court.
19        If there is a unity of interest and ownership  sufficient
20    to  render  no  financial  separation between a non-custodial
21    parent and another person or persons or business entity,  the
22    court  may  pierce the ownership veil of the person, persons,
23    or business entity to discover assets  of  the  non-custodial
24    parent  held  in  the  name of that person, those persons, or
25    that  business  entity.    The  following  circumstances  are
26    sufficient to authorize a court to  order  discovery  of  the
27    assets of a person, persons, or business entity and to compel
28    the  application  of  any discovered assets toward payment on
29    the judgment for support:
30             (1)  the  non-custodial  parent  and   the   person,
31        persons, or business entity maintain records together.
32             (2)  the   non-custodial   parent  and  the  person,
33        persons, or business entity  fail  to  maintain  an  arms
34        length relationship between themselves with regard to any
 
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 1        assets.
 2             (3)  the  non-custodial  parent  transfers assets to
 3        the person, persons, or business entity with  the  intent
 4        to perpetrate a fraud on the custodial parent.
 5        With  respect to assets which are real property, no order
 6    entered under this paragraph shall affect the rights of  bona
 7    fide  purchasers,  mortgagees,  judgment  creditors, or other
 8    lien holders who  acquire their  interests  in  the  property
 9    prior  to  the  time  a notice of lis pendens pursuant to the
10    Code of Civil Procedure or a copy of the order is  placed  of
11    record  in the office of the recorder of deeds for the county
12    in which the real property is located.
13        The court may also order in cases where the parent is  90
14    days  or  more  delinquent  in payment of support or has been
15    adjudicated  in  arrears  in  an  amount  equal  to  90  days
16    obligation  or  more,  that  the  parent's  Illinois  driving
17    privileges be suspended until the court determines  that  the
18    parent  is in compliance with the order of support. The court
19    may also order that the parent be issued a  family  financial
20    responsibility   driving  permit  that  would  allow  limited
21    driving privileges for employment  and  medical  purposes  in
22    accordance with Section 7-702.1 of the Illinois Vehicle Code.
23    The  clerk  of  the  circuit  court  shall  certify the order
24    suspending the driving privileges of the parent  or  granting
25    the  issuance  of  a  family financial responsibility driving
26    permit to the Secretary of State on forms prescribed  by  the
27    Secretary.  Upon  receipt of the authenticated documents, the
28    Secretary  of  State  shall  suspend  the  parent's   driving
29    privileges  until  further  order  of the court and shall, if
30    ordered by the court, subject to the  provisions  of  Section
31    7-702.1   of  the  Illinois  Vehicle  Code,  issue  a  family
32    financial responsibility driving permit to the parent.
33        In addition to the penalties or punishment  that  may  be
34    imposed   under   this  Section,  any  person  whose  conduct
 
                            -7-      LRB093 09952 LCB 10203 b
 1    constitutes a violation of  Section  15  of  the  Non-Support
 2    Punishment Act may be prosecuted under that Act, and a person
 3    convicted  under that Act may be sentenced in accordance with
 4    that Act.  The sentence may include but need not  be  limited
 5    to  a  requirement  that the person perform community service
 6    under Section 50  of  that  Act  or  participate  in  a  work
 7    alternative  program  under Section 50 of that Act.  A person
 8    may not be required to  participate  in  a  work  alternative
 9    program  under  Section  50  of  that  Act  if  the person is
10    currently participating in a work program pursuant to Section
11    505.1 of this Act.
12        A  support  obligation,  or  any  portion  of  a  support
13    obligation, which becomes due and remains unpaid for 30  days
14    or  more  shall  accrue simple interest at the rate of 9% per
15    annum. An order for support entered or modified on  or  after
16    January  1,  2002  shall  contain  a statement that a support
17    obligation required under the order,  or  any  portion  of  a
18    support obligation required under the order, that becomes due
19    and  remains  unpaid  for 30 days or more shall accrue simple
20    interest at the rate of 9% per annum.  Failure to include the
21    statement in the  order  for  support  does  not  affect  the
22    validity  of the order or the accrual of interest as provided
23    in this Section.
24        (c)  A one-time charge  of  20%  is  imposable  upon  the
25    amount  of  past-due child support owed on July 1, 1988 which
26    has accrued under a support order entered by the court.   The
27    charge  shall be imposed in accordance with the provisions of
28    Section 10-21 of the Illinois Public Aid Code  and  shall  be
29    enforced by the court upon petition.
30        (d)  Any  new  or  existing  support order entered by the
31    court under this Section shall be deemed to be  a  series  of
32    judgments   against  the  person  obligated  to  pay  support
33    thereunder, each such judgment to be in the  amount  of  each
34    payment  or  installment of support and each such judgment to
 
                            -8-      LRB093 09952 LCB 10203 b
 1    be deemed entered as of the date the corresponding payment or
 2    installment becomes due under the terms of the support order.
 3    Each such judgment shall have  the  full  force,  effect  and
 4    attributes of any other judgment of this State, including the
 5    ability  to  be  enforced.  A lien arises by operation of law
 6    against the real and personal property  of  the  noncustodial
 7    parent  for  each  installment of overdue support owed by the
 8    noncustodial parent.
 9        (e)  When child support is to be paid through  the  clerk
10    of  the  court  in a county of 1,000,000 inhabitants or less,
11    the order shall direct the obligor to pay to  the  clerk,  in
12    addition  to  the child support payments, all fees imposed by
13    the county board under paragraph (3)  of  subsection  (u)  of
14    Section  27.1  of  the  Clerks of Courts Act.  Unless paid in
15    cash or pursuant to an order for withholding, the payment  of
16    the  fee  shall  be by a separate instrument from the support
17    payment and shall be made to the order of the Clerk.
18        (f)  All orders for support, when  entered  or  modified,
19    shall include a provision requiring the obligor to notify the
20    court  and,  in cases in which a party is receiving child and
21    spouse services under Article X of the  Illinois  Public  Aid
22    Code,  the  Illinois Department of Public Aid, within 7 days,
23    (i) of the name and  address  of  any  new  employer  of  the
24    obligor,  (ii)  whether  the  obligor  has  access  to health
25    insurance  coverage  through  the  employer  or  other  group
26    coverage and, if so, the policy name and number and the names
27    of persons covered under the policy, and  (iii)  of  any  new
28    residential  or  mailing  address  or telephone number of the
29    non-custodial parent.  In any subsequent action to enforce  a
30    support  order,  upon  a  sufficient  showing that a diligent
31    effort has  been  made  to  ascertain  the  location  of  the
32    non-custodial  parent,  service  of  process  or provision of
33    notice necessary in the case may be made at  the  last  known
34    address  of  the non-custodial parent in any manner expressly
 
                            -9-      LRB093 09952 LCB 10203 b
 1    provided by the Code of Civil Procedure or  this  Act,  which
 2    service shall be sufficient for purposes of due process.
 3        (g)  An  order  for support shall include a date on which
 4    the current support obligation terminates.   The  termination
 5    date  shall  be  no  earlier than the date on which the child
 6    covered by the order will attain the age of  majority  or  is
 7    otherwise emancipated. The order for support shall state that
 8    the termination date does not apply to any arrearage that may
 9    remain unpaid on that date.  Nothing in this subsection shall
10    be construed to prevent the court from modifying the order.
11        (h)  An  order entered under this Section shall include a
12    provision requiring the obligor to report to the obligee  and
13    to  the  clerk  of court within 10 days each time the obligor
14    obtains  new  employment,  and  each   time   the   obligor's
15    employment is terminated for any reason.  The report shall be
16    in  writing and shall, in the case of new employment, include
17    the name and address of the new employer.  Failure to  report
18    new  employment  or the termination of current employment, if
19    coupled with nonpayment of support for a period in excess  of
20    60  days,  is  indirect  criminal  contempt.  For any obligor
21    arrested for failure to report new employment bond  shall  be
22    set  in the amount of the child support that should have been
23    paid during the period of unreported  employment.   An  order
24    entered  under  this  Section  shall also include a provision
25    requiring the obligor and  obligee  parents  to  advise  each
26    other  of  a  change in residence within 5 days of the change
27    except when the court finds that  the  physical,  mental,  or
28    emotional  health  of  a  party  or that of a minor child, or
29    both, would be seriously  endangered  by  disclosure  of  the
30    party's address.
31        (i)  The  court  does  not  lose  the powers of contempt,
32    driver's  license  suspension,   or   other   child   support
33    enforcement   mechanisms,  including,  but  not  limited  to,
34    criminal prosecution as set  forth  in  this  Act,  upon  the
 
                            -10-     LRB093 09952 LCB 10203 b
 1    emancipation of the minor child or children.
 2    (Source:  P.A.  91-113,  eff.  7-15-99;  91-397, eff. 1-1-00;
 3    91-655,  eff.  6-1-00;  91-767,  eff.  6-9-00;  92-16,   eff.
 4    6-28-01;  92-203,  eff. 8-1-01; 92-374, eff. 8-15-01; 92-651,
 5    eff. 7-11-02.)

 6        (Text of Section after amendment by P.A. 92-876)
 7        Sec. 505.  Child support; contempt; penalties.
 8        (a)  In a proceeding for dissolution of  marriage,  legal
 9    separation,   declaration   of   invalidity  of  marriage,  a
10    proceeding for child support  following  dissolution  of  the
11    marriage  by  a court which lacked personal jurisdiction over
12    the  absent  spouse,  a  proceeding  for  modification  of  a
13    previous order for child support under Section  510  of  this
14    Act, or any proceeding authorized under Section 501 or 601 of
15    this  Act, the court may order either or both parents owing a
16    duty of support to a child of the marriage to pay  an  amount
17    reasonable  and  necessary for his support, without regard to
18    marital misconduct. The duty of  support   owed  to  a  child
19    includes  the  obligation  to  provide for the reasonable and
20    necessary physical, mental and emotional health needs of  the
21    child.  For  purposes of this Section, the term "child" shall
22    include any child under age 18 and any child under age 19 who
23    is still attending high school.
24             (1)  The Court shall determine the minimum amount of
25        support by using the following guidelines:
26          Number of Children       Percent of Supporting Party's
27                                             Net Income
28                  1                             20%
29                  2                            28%25%
30                  3                             32%
31                  4                             40%
32                  5                             45%
33              6 or more                         50%
34             (2)  The above guidelines shall be applied  in  each
 
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 1        case unless the court makes a finding that application of
 2        the  guidelines would be inappropriate, after considering
 3        the best interests of the  child  in  light  of  evidence
 4        including but not limited to one or more of the following
 5        relevant factors:
 6                  (a)  the  financial  resources and needs of the
 7             child;
 8                  (b)  the financial resources and needs  of  the
 9             custodial parent;
10                  (c)  the  standard  of  living  the child would
11             have enjoyed had the marriage not been dissolved;
12                  (d)  the physical and  emotional  condition  of
13             the child, and his educational needs; and
14                  (e)  the  financial  resources and needs of the
15             non-custodial parent.
16             If the  court  deviates  from  the  guidelines,  the
17        court's  finding  shall  state the amount of support that
18        would  have  been  required  under  the  guidelines,   if
19        determinable.   The  court  shall  include  the reason or
20        reasons for the variance from the guidelines.
21             (3)  "Net income" is defined as  the  total  of  all
22        income from all sources, minus the following deductions:
23                  (a)  Federal  income  tax  (properly calculated
24             withholding or estimated payments);
25                  (b)  State  income  tax  (properly   calculated
26             withholding or estimated payments);
27                  (c)  Social Security (FICA payments);
28                  (d)  Mandatory     retirement     contributions
29             required by law or as a condition of employment;
30                  (e)  Union dues;
31                  (f)  Dependent          and          individual
32             health/hospitalization insurance premiums;
33                  (g)  Prior    obligations    of    support   or
34             maintenance actually paid pursuant to a court order;
 
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 1                  (h)  Expenditures for repayment of  debts  that
 2             represent  reasonable and necessary expenses for the
 3             production of income, medical expenditures necessary
 4             to preserve life or health, reasonable  expenditures
 5             for  the  benefit of the child and the other parent,
 6             exclusive of gifts.   The  court  shall  reduce  net
 7             income  in determining the minimum amount of support
 8             to be ordered only for the period that such payments
 9             are  due  and  shall  enter  an   order   containing
10             provisions  for its self-executing modification upon
11             termination of such payment period.
12             (4)  In cases where the  court  order  provides  for
13        health/hospitalization  insurance  coverage  pursuant  to
14        Section   505.2  of  this  Act,  the  premiums  for  that
15        insurance, or that portion of the premiums for which  the
16        supporting  party is responsible in the case of insurance
17        provided through  an  employer's  health  insurance  plan
18        where  the employer pays a portion of the premiums, shall
19        be subtracted from net income in determining the  minimum
20        amount of support to be ordered.
21             (4.5)  In  a  proceeding for child support following
22        dissolution of  the  marriage  by  a  court  that  lacked
23        personal  jurisdiction  over  the  absent  spouse, and in
24        which the court is requiring payment of support  for  the
25        period  before  the  date an order for current support is
26        entered, there  is  a  rebuttable  presumption  that  the
27        supporting  party's  net  income for the prior period was
28        the same as his or her net income at the time  the  order
29        for current support is entered.
30             (5)  If  the net income cannot be determined because
31        of default or any other reason,  the  court  shall  order
32        support   in  an  amount  considered  reasonable  in  the
33        particular case.  The final  order  in  all  cases  shall
34        state  the  support  level in dollar amounts. However, if
 
                            -13-     LRB093 09952 LCB 10203 b
 1        the court finds that the child support amount  cannot  be
 2        expressed exclusively as a dollar amount because all or a
 3        portion  of  the  payor's  net  income is uncertain as to
 4        source, time of payment, or amount, the court may order a
 5        percentage amount of support in addition  to  a  specific
 6        dollar  amount  and  enter  such  other  orders as may be
 7        necessary to determine and enforce, on  a  timely  basis,
 8        the applicable support ordered.
 9             (6)  If  (i)  the  non-custodial parent was properly
10        served  with  a  request  for  discovery   of   financial
11        information   relating   to  the  non-custodial  parent's
12        ability to provide child support, (ii) the  non-custodial
13        parent  failed to comply with the request, despite having
14        been ordered to  do  so  by  the  court,  and  (iii)  the
15        non-custodial  parent  is  not  present at the hearing to
16        determine support despite having received proper  notice,
17        then  any  relevant  financial information concerning the
18        non-custodial parent's ability to provide  child  support
19        that  was obtained pursuant to subpoena and proper notice
20        shall be admitted  into  evidence  without  the  need  to
21        establish any further foundation for its admission.
22        (a-5)  In an action to enforce an order for support based
23    on  the  respondent's  failure  to  make  support payments as
24    required by the order, notice  of  proceedings  to  hold  the
25    respondent  in contempt for that failure may be served on the
26    respondent by personal service or by regular  mail  addressed
27    to the respondent's last known address. The respondent's last
28    known  address may be determined from records of the clerk of
29    the court, from the Federal Case Registry  of  Child  Support
30    Orders, or by any other reasonable means.
31        (b)  Failure  of either parent to comply with an order to
32    pay  support  shall  be  punishable  as  in  other  cases  of
33    contempt.  In addition to other penalties provided by law the
34    Court may, after finding the parent guilty of contempt, order
 
                            -14-     LRB093 09952 LCB 10203 b
 1    that the parent be:
 2             (1)  placed on probation  with  such  conditions  of
 3        probation as the Court deems advisable;
 4             (2)  sentenced to periodic imprisonment for a period
 5        not to exceed 6 months; provided, however, that the Court
 6        may  permit the parent to be released for periods of time
 7        during the day or night to:
 8                  (A)  work; or
 9                  (B)  conduct a business or other  self-employed
10             occupation.
11        The  Court  may  further  order  any  part  or all of the
12    earnings  of  a  parent  during  a   sentence   of   periodic
13    imprisonment paid to the Clerk of the Circuit Court or to the
14    parent  having  custody  or to the guardian having custody of
15    the children of the sentenced parent for the support of  said
16    children until further order of the Court.
17        If  there is a unity of interest and ownership sufficient
18    to render no financial  separation  between  a  non-custodial
19    parent  and another person or persons or business entity, the
20    court may pierce the ownership veil of the  person,  persons,
21    or  business  entity  to discover assets of the non-custodial
22    parent held in the name of that  person,  those  persons,  or
23    that  business  entity.    The  following  circumstances  are
24    sufficient  to  authorize  a  court to order discovery of the
25    assets of a person, persons, or business entity and to compel
26    the application of any discovered assets  toward  payment  on
27    the judgment for support:
28             (1)  the   non-custodial   parent  and  the  person,
29        persons, or business entity maintain records together.
30             (2)  the  non-custodial  parent  and   the   person,
31        persons,  or  business  entity  fail  to maintain an arms
32        length relationship between themselves with regard to any
33        assets.
34             (3)  the non-custodial parent  transfers  assets  to
 
                            -15-     LRB093 09952 LCB 10203 b
 1        the  person,  persons, or business entity with the intent
 2        to perpetrate a fraud on the custodial parent.
 3        With respect to assets which are real property, no  order
 4    entered  under this paragraph shall affect the rights of bona
 5    fide purchasers, mortgagees,  judgment  creditors,  or  other
 6    lien  holders  who   acquire  their interests in the property
 7    prior to the time a notice of lis  pendens  pursuant  to  the
 8    Code  of  Civil Procedure or a copy of the order is placed of
 9    record in the office of the recorder of deeds for the  county
10    in which the real property is located.
11        The  court may also order in cases where the parent is 90
12    days or more delinquent in payment of  support  or  has  been
13    adjudicated  in  arrears  in  an  amount  equal  to  90  days
14    obligation  or  more,  that  the  parent's  Illinois  driving
15    privileges  be  suspended until the court determines that the
16    parent is in compliance with the order of support.  The court
17    may also order that the parent be issued a  family  financial
18    responsibility   driving  permit  that  would  allow  limited
19    driving privileges for employment  and  medical  purposes  in
20    accordance with Section 7-702.1 of the Illinois Vehicle Code.
21    The  clerk  of  the  circuit  court  shall  certify the order
22    suspending the driving privileges of the parent  or  granting
23    the  issuance  of  a  family financial responsibility driving
24    permit to the Secretary of State on forms prescribed  by  the
25    Secretary.   Upon receipt of the authenticated documents, the
26    Secretary  of  State  shall  suspend  the  parent's   driving
27    privileges  until  further  order  of the court and shall, if
28    ordered by the court, subject to the  provisions  of  Section
29    7-702.1   of  the  Illinois  Vehicle  Code,  issue  a  family
30    financial responsibility driving permit to the parent.
31        In addition to the penalties or punishment  that  may  be
32    imposed   under   this  Section,  any  person  whose  conduct
33    constitutes a violation of  Section  15  of  the  Non-Support
34    Punishment Act may be prosecuted under that Act, and a person
 
                            -16-     LRB093 09952 LCB 10203 b
 1    convicted  under that Act may be sentenced in accordance with
 2    that Act.  The sentence may include but need not  be  limited
 3    to  a  requirement  that the person perform community service
 4    under Section 50  of  that  Act  or  participate  in  a  work
 5    alternative  program  under Section 50 of that Act.  A person
 6    may not be required to  participate  in  a  work  alternative
 7    program  under  Section  50  of  that  Act  if  the person is
 8    currently participating in a work program pursuant to Section
 9    505.1 of this Act.
10        A  support  obligation,  or  any  portion  of  a  support
11    obligation, which becomes due and remains unpaid for 30  days
12    or  more  shall  accrue simple interest at the rate of 9% per
13    annum. An order for support entered or modified on  or  after
14    January  1,  2002  shall  contain  a statement that a support
15    obligation required under the order,  or  any  portion  of  a
16    support obligation required under the order, that becomes due
17    and  remains  unpaid  for 30 days or more shall accrue simple
18    interest at the rate of 9% per annum.  Failure to include the
19    statement in the  order  for  support  does  not  affect  the
20    validity  of the order or the accrual of interest as provided
21    in this Section.
22        (c)  A one-time charge  of  20%  is  imposable  upon  the
23    amount  of  past-due child support owed on July 1, 1988 which
24    has accrued under a support order entered by the court.   The
25    charge  shall be imposed in accordance with the provisions of
26    Section 10-21 of the Illinois Public Aid Code  and  shall  be
27    enforced by the court upon petition.
28        (d)  Any  new  or  existing  support order entered by the
29    court under this Section shall be deemed to be  a  series  of
30    judgments   against  the  person  obligated  to  pay  support
31    thereunder, each such judgment to be in the  amount  of  each
32    payment  or  installment of support and each such judgment to
33    be deemed entered as of the date the corresponding payment or
34    installment becomes due under the terms of the support order.
 
                            -17-     LRB093 09952 LCB 10203 b
 1    Each such judgment shall have  the  full  force,  effect  and
 2    attributes of any other judgment of this State, including the
 3    ability  to  be  enforced.  A lien arises by operation of law
 4    against the real and personal property  of  the  noncustodial
 5    parent  for  each  installment of overdue support owed by the
 6    noncustodial parent.
 7        (e)  When child support is to be paid through  the  clerk
 8    of  the  court  in a county of 1,000,000 inhabitants or less,
 9    the order shall direct the obligor to pay to  the  clerk,  in
10    addition  to  the child support payments, all fees imposed by
11    the county board under paragraph (3)  of  subsection  (u)  of
12    Section  27.1  of  the  Clerks of Courts Act.  Unless paid in
13    cash or pursuant to an order for withholding, the payment  of
14    the  fee  shall  be by a separate instrument from the support
15    payment and shall be made to the order of the Clerk.
16        (f)  All orders for support, when  entered  or  modified,
17    shall include a provision requiring the obligor to notify the
18    court  and,  in cases in which a party is receiving child and
19    spouse services under Article X of the  Illinois  Public  Aid
20    Code,  the  Illinois Department of Public Aid, within 7 days,
21    (i) of the name and  address  of  any  new  employer  of  the
22    obligor,  (ii)  whether  the  obligor  has  access  to health
23    insurance  coverage  through  the  employer  or  other  group
24    coverage and, if so, the policy name and number and the names
25    of persons covered under the policy, and  (iii)  of  any  new
26    residential  or  mailing  address  or telephone number of the
27    non-custodial parent.  In any subsequent action to enforce  a
28    support  order,  upon  a  sufficient  showing that a diligent
29    effort has  been  made  to  ascertain  the  location  of  the
30    non-custodial  parent,  service  of  process  or provision of
31    notice necessary in the case may be made at  the  last  known
32    address  of  the non-custodial parent in any manner expressly
33    provided by the Code of Civil Procedure or  this  Act,  which
34    service shall be sufficient for purposes of due process.
 
                            -18-     LRB093 09952 LCB 10203 b
 1        (g)  An  order  for support shall include a date on which
 2    the current support obligation terminates.   The  termination
 3    date  shall  be  no  earlier than the date on which the child
 4    covered by the order will attain the age of 18.  However,  if
 5    the  child  will  not  graduate  from high school until after
 6    attaining the age of 18, then the termination date  shall  be
 7    no  earlier than the earlier of the date on which the child's
 8    high school graduation will occur or the date  on  which  the
 9    child will attain the age of 19.  The order for support shall
10    state  that  the  termination  date  does  not  apply  to any
11    arrearage that may remain unpaid on that  date.   Nothing  in
12    this  subsection shall be construed to prevent the court from
13    modifying the order or terminating the order in the event the
14    child is otherwise emancipated.
15        (h)  An order entered under this Section shall include  a
16    provision  requiring the obligor to report to the obligee and
17    to the clerk of court within 10 days each  time  the  obligor
18    obtains   new   employment,   and  each  time  the  obligor's
19    employment is terminated for any reason.  The report shall be
20    in writing and shall, in the case of new employment,  include
21    the  name and address of the new employer.  Failure to report
22    new employment or the termination of current  employment,  if
23    coupled  with nonpayment of support for a period in excess of
24    60 days, is indirect  criminal  contempt.   For  any  obligor
25    arrested  for  failure to report new employment bond shall be
26    set in the amount of the child support that should have  been
27    paid  during  the  period of unreported employment.  An order
28    entered under this Section shall  also  include  a  provision
29    requiring  the  obligor  and  obligee  parents to advise each
30    other of a change in residence within 5 days  of  the  change
31    except  when  the  court  finds that the physical, mental, or
32    emotional health of a party or that  of  a  child,  or  both,
33    would  be  seriously  endangered by disclosure of the party's
34    address.
 
                            -19-     LRB093 09952 LCB 10203 b
 1        (i)  The court does not  lose  the  powers  of  contempt,
 2    driver's   license   suspension,   or   other  child  support
 3    enforcement  mechanisms,  including,  but  not  limited   to,
 4    criminal  prosecution  as  set  forth  in  this Act, upon the
 5    emancipation of the minor child or children.
 6    (Source: P.A. 91-113,  eff.  7-15-99;  91-397,  eff.  1-1-00;
 7    91-655,   eff.  6-1-00;  91-767,  eff.  6-9-00;  92-16,  eff.
 8    6-28-01; 92-203, eff. 8-1-01; 92-374, eff.  8-15-01;  92-651,
 9    eff. 7-11-02; 92-876, eff. 6-1-03.)

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