Synopsis As Introduced Provides that the Act may be referred to the Stay of Driver's License Suspension for Child Support Arrearage Law. Amends the Illinois Vehicle Code. Includes a statement of legislative purpose. Provides that in any proceeding to enforce arrearages in child support payments or orders, the obligor shall have the right to petition the court or child support administrative body for an order to stay the suspension of driver's license ("stay order") lasting 12 months after the date of the stay order. Provides that the court or the child support administrative body shall oversee the stay order and shall review the stay order every 90 days to determine if the obligor has started to pay child support if already employed, gains employment, or has made specified efforts to gain employment. Provides that the court shall impose specified requirements. Adds other provisions governing: employment, business, or self-employment income; additional issues, temporary disability or incapacity; support order requirements; termination of stay order for noncompliance; stay order extensions; and other matters. Provides that if the new provisions are inconsistent with Sections of the Code pertaining to notice and hearing requirements currently in place for the suspension of a driver's license for nonpayment, the new provisions control.
Senate Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: (1) provides that the obligor may petition the court for a stay order lasting up to 12 months (instead of "lasting 12 months"); (2) provides that as the child support arrearage accrued while the obligor's license had yet to be suspended, the obligor must prove by clear and convincing evidence that the suspension should be stayed and that the child support obligation will be paid; (3) provides that the court may enter additional sanctions against an obligor who fails to meet any or all of the new provisions; (4) provides that in order to be granted an extension of the stay order, the obligor must show a good faith effort on the part of the obligor to pay the child support obligation; and (5) makes corresponding changes.