Illinois General Assembly - Full Text of SB0178
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Full Text of SB0178  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 1/31/2023, by Sen. Laura M. Murphy


750 ILCS 5/505  from Ch. 40, par. 505

    Amends the Illinois Marriage and Dissolution of Marriage Act. Requires the court, when entering an order for child support, to verbally provide notice to the obligor of (i) the obligor's existing and ongoing obligations to make payment to the obligee, (ii) the obligor's ability to request a modification of the order, and (iii) the possible penalties that may be incurred if the obligor falls into arrears.

LRB103 26089 LNS 52444 b





SB0178LRB103 26089 LNS 52444 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 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,
16the court may order either or both parents owing a duty of
17support to a child of the marriage or civil union to pay an
18amount reasonable and necessary for support. The duty of
19support owed to a child includes the obligation to provide for
20the reasonable and necessary physical, mental and emotional
21health needs of the child. For purposes of this Section, the
22term "child" shall include any child under age 18 and any child
23age 19 or younger who is still attending high school. For



SB0178- 2 -LRB103 26089 LNS 52444 b

1purposes of this Section, the term "obligor" means the parent
2obligated to 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
14        ability 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



SB0178- 3 -LRB103 26089 LNS 52444 b

1        of 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



SB0178- 4 -LRB103 26089 LNS 52444 b

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
4        child;
5            (B) the financial resources and needs of the
6        parents;
7            (C) the standard of living the child would have
8        enjoyed had the marriage or civil union not been
9        dissolved; and
10            (D) the physical and emotional condition of the
11        child and his or her educational needs.
12        (2.5) Notice from the court. Whenever the court enters
13    an order for child support, the court shall verbally
14    provide notice to the obligor of (i) the obligor's
15    existing and ongoing obligations to make payment to the
16    obligee, (ii) the obligor's ability to request a
17    modification of the order, and (iii) the possible
18    penalties that may be incurred if the obligor falls into
19    arrears.
20        (3) Income.
21            (A) As used in this Section, "gross income" means
22        the total of all income from all sources, except
23        "gross income" does not include (i) benefits received
24        by the parent from means-tested public assistance
25        programs, including, but not limited to, Temporary
26        Assistance for Needy Families, Supplemental Security



SB0178- 5 -LRB103 26089 LNS 52444 b

1        Income, and the Supplemental Nutrition Assistance
2        Program or (ii) benefits and income received by the
3        parent for other children in the household, including,
4        but not limited to, child support, survivor benefits,
5        and foster care payments. Social security disability
6        and retirement benefits paid for the benefit of the
7        subject child must be included in the disabled or
8        retired parent's gross income for purposes of
9        calculating the parent's child support obligation, but
10        the parent is entitled to a child support credit for
11        the amount of benefits paid to the other party for the
12        child. "Gross income" includes maintenance treated as
13        taxable income for federal income tax purposes to the
14        payee and received pursuant to a court order in the
15        pending proceedings or any other proceedings and shall
16        be included in the payee's gross income for purposes
17        of calculating the parent's child support obligation.
18            (B) As used in this Section, "net income" means
19        gross income minus either the standardized tax amount
20        calculated pursuant to subparagraph (C) of this
21        paragraph (3) or the individualized tax amount
22        calculated pursuant to subparagraph (D) of this
23        paragraph (3), and minus any adjustments pursuant to
24        subparagraph (F) of this paragraph (3). The
25        standardized tax amount shall be used unless the
26        requirements for an individualized tax amount set



SB0178- 6 -LRB103 26089 LNS 52444 b

1        forth in subparagraph (E) of this paragraph (3) are
2        met. "Net income" includes maintenance not includable
3        in the gross taxable income of the payee for federal
4        income tax purposes under a court order in the pending
5        proceedings or any other proceedings and shall be
6        included in the payee's net income for purposes of
7        calculating the parent's child support obligation.
8            (C) As used in this Section, "standardized tax
9        amount" means the total of federal and state income
10        taxes for a single person claiming the standard tax
11        deduction, one personal exemption, and the applicable
12        number of dependency exemptions for the minor child or
13        children of the parties, and Social Security and
14        Medicare tax calculated at the Federal Insurance
15        Contributions Act rate.
16                (I) Unless a court has determined otherwise or
17            the parties otherwise agree, the party with the
18            majority of parenting time shall be deemed
19            entitled to claim the dependency exemption for the
20            parties' minor child.
21                (II) The Illinois Department of Healthcare and
22            Family Services shall promulgate a standardized
23            net income conversion table that computes net
24            income by deducting the standardized tax amount
25            from gross income.
26            (D) As used in this Section, "individualized tax



SB0178- 7 -LRB103 26089 LNS 52444 b

1        amount" means the aggregate of the following taxes:
2                (I) federal income tax (properly calculated
3            withholding or estimated payments);
4                (II) State income tax (properly calculated
5            withholding or estimated payments); and
6                (III) Social Security or self-employment tax,
7            if applicable (or, if none, mandatory retirement
8            contributions required by law or as a condition of
9            employment) and Medicare tax calculated at the
10            Federal Insurance Contributions Act rate.
11            (E) In lieu of a standardized tax amount, a
12        determination of an individualized tax amount may be
13        made under items (I), (II), or (III) below. If an
14        individualized tax amount determination is made under
15        this subparagraph (E), all relevant tax attributes
16        (including filing status, allocation of dependency
17        exemptions, and whether a party is to claim the use of
18        the standard deduction or itemized deductions for
19        federal income tax purposes) shall be as the parties
20        agree or as the court determines. To determine a
21        party's reported income, the court may order the party
22        to complete an Internal Revenue Service Form 4506-T,
23        Request for Tax Transcript.
24                (I) Agreement. Irrespective of whether the
25            parties agree on any other issue before the court,
26            if they jointly stipulate for the record their



SB0178- 8 -LRB103 26089 LNS 52444 b

1            concurrence on a computation method for the
2            individualized tax amount that is different from
3            the method set forth under subparagraph (D), the
4            stipulated method shall be used by the court
5            unless the court rejects the proposed stipulated
6            method for good cause.
7                (II) Summary hearing. If the court determines
8            child support in a summary hearing under Section
9            501 and an eligible party opts in to the
10            individualized tax amount method under this item
11            (II), the individualized tax amount shall be
12            determined by the court on the basis of
13            information contained in one or both parties'
14            Supreme Court approved Financial Affidavit (Family &
15             Divorce Cases) and relevant supporting documents
16            under applicable court rules. No party, however,
17            is eligible to opt in unless the party, under
18            applicable court rules, has served the other party
19            with the required Supreme Court approved Financial
20            Affidavit (Family & Divorce Cases) and has
21            substantially produced supporting documents
22            required by the applicable court rules.
23                (III) Evidentiary hearing. If the court
24            determines child support in an evidentiary
25            hearing, whether for purposes of a temporary order
26            or at the conclusion of a proceeding, item (II) of



SB0178- 9 -LRB103 26089 LNS 52444 b

1            this subparagraph (E) does not apply. In each such
2            case (unless item (I) governs), the individualized
3            tax amount shall be as determined by the court on
4            the basis of the record established.
5            (F) Adjustments to income.
6                (I) Multi-family adjustment. If a parent is
7            also legally responsible for support of a child
8            not shared with the other parent and not subject
9            to the present proceeding, there shall be an
10            adjustment to net income as follows:
11                    (i) Multi-family adjustment with court
12                order. The court shall deduct from the
13                parent's net income the amount of child
14                support actually paid by the parent pursuant
15                to a support order unless the court makes a
16                finding that it would cause economic hardship
17                to the child.
18                    (ii) Multi-family adjustment without court
19                order. Upon the request or application of a
20                parent actually supporting a presumed,
21                acknowledged, or adjudicated child living in
22                or outside of that parent's household, there
23                shall be an adjustment to child support. The
24                court shall deduct from the parent's net
25                income the amount of financial support
26                actually paid by the parent for the child or



SB0178- 10 -LRB103 26089 LNS 52444 b

1                75% of the support the parent should pay under
2                the child support guidelines (before this
3                adjustment), whichever is less, unless the
4                court makes a finding that it would cause
5                economic hardship to the child. The adjustment
6                shall be calculated using that parent's income
7                alone.
8                (II) Spousal Maintenance adjustment.
9            Obligations pursuant to a court order for spousal
10            maintenance in the pending proceeding actually
11            paid or payable to the same party to whom child
12            support is to be payable or actually paid to a
13            former spouse pursuant to a court order shall be
14            deducted from the parent's after-tax income,
15            unless the maintenance obligation is tax
16            deductible to the payor for federal income tax
17            purposes, in which case it shall be deducted from
18            the payor's gross income for purposes of
19            calculating the parent's child support obligation.
20        (3.1) Business income. For purposes of calculating
21    child support, net business income from the operation of a
22    business means gross receipts minus ordinary and necessary
23    expenses required to carry on the trade or business. As
24    used in this paragraph, "business" includes, but is not
25    limited to, sole proprietorships, closely held
26    corporations, partnerships, other flow-through business



SB0178- 11 -LRB103 26089 LNS 52444 b

1    entities, and self-employment. The court shall apply the
2    following:
3            (A) The accelerated component of depreciation and
4        any business expenses determined either judicially or
5        administratively to be inappropriate or excessive
6        shall be excluded from the total of ordinary and
7        necessary business expenses to be deducted in the
8        determination of net business income from gross
9        business income.
10            (B) Any item of reimbursement or in-kind payment
11        received by a parent from a business, including, but
12        not limited to, a company car, reimbursed meals, free
13        housing, or a housing allowance, shall be counted as
14        income if not otherwise included in the recipient's
15        gross income, if the item is significant in amount and
16        reduces personal expenses.
17        (3.2) Unemployment or underemployment. If a parent is
18    voluntarily unemployed or underemployed, child support
19    shall be calculated based on a determination of potential
20    income. A determination of potential income shall be made
21    by determining employment potential and probable earnings
22    level based on the obligor's work history, occupational
23    qualifications, prevailing job opportunities, the
24    ownership by a parent of a substantial non-income
25    producing asset, and earnings levels in the community. If
26    there is insufficient work history to determine employment



SB0178- 12 -LRB103 26089 LNS 52444 b

1    potential and probable earnings level, there shall be a
2    rebuttable presumption that the parent's potential income
3    is 75% of the most recent United States Department of
4    Health and Human Services Federal Poverty Guidelines for a
5    family of one person.
6        (3.3) Rebuttable presumption in favor of guidelines.
7    There is a rebuttable presumption in any judicial or
8    administrative proceeding for child support that the
9    amount of the child support obligation that would result
10    from the application of the child support guidelines is
11    the correct amount of child support.
12        (3.3a) Minimum child support obligation. There is a
13    rebuttable presumption that a minimum child support
14    obligation of $40 per month, per child, will be entered
15    for an obligor who has actual or imputed gross income at or
16    less than 75% of the most recent United States Department
17    of Health and Human Services Federal Poverty Guidelines
18    for a family of one person, with a maximum total child
19    support obligation for that obligor of $120 per month to
20    be divided equally among all of the obligor's children.
21        (3.3b) Zero dollar child support order. For parents
22    with no gross income, who receive only means-tested
23    assistance, or who cannot work due to a medically proven
24    disability, incarceration, or institutionalization, there
25    is a rebuttable presumption that the $40 per month minimum
26    support order is inapplicable and a zero dollar order



SB0178- 13 -LRB103 26089 LNS 52444 b

1    shall be entered.
2        (3.4) Deviation factors. In any action to establish or
3    modify child support, whether pursuant to a temporary or
4    final administrative or court order, the child support
5    guidelines shall be used as a rebuttable presumption for
6    the establishment or modification of the amount of child
7    support. The court may deviate from the child support
8    guidelines if the application would be inequitable,
9    unjust, or inappropriate. Any deviation from the
10    guidelines shall be accompanied by written findings by the
11    court specifying the reasons for the deviation and the
12    presumed amount under the child support guidelines without
13    a deviation. These reasons may include:
14            (A) extraordinary medical expenditures necessary
15        to preserve the life or health of a party or a child of
16        either or both of the parties;
17            (B) additional expenses incurred for a child
18        subject to the child support order who has special
19        medical, physical, or developmental needs; and
20            (C) any other factor the court determines should
21        be applied upon a finding that the application of the
22        child support guidelines would be inappropriate, after
23        considering the best interest of the child.
24        (3.5) Income in excess of the schedule of basic child
25    support obligation. A court may use its discretion to
26    determine child support if the combined adjusted net



SB0178- 14 -LRB103 26089 LNS 52444 b

1    income of the parties exceeds the highest level of the
2    schedule of basic child support obligation, except that
3    the basic child support obligation shall not be less than
4    the highest level of combined net income set forth in the
5    schedule of basic child support obligation.
6        (3.6) Extracurricular activities and school expenses.
7    The court, in its discretion, in addition to the basic
8    child support obligation, may order either or both parents
9    owing a duty of support to the child to contribute to the
10    reasonable school and extracurricular activity expenses
11    incurred which are intended to enhance the educational,
12    athletic, social, or cultural development of the child.
13        (3.7) Child care expenses. The court, in its
14    discretion, in addition to the basic child support
15    obligation, may order either or both parents owing a duty
16    of support to the child to contribute to the reasonable
17    child care expenses of the child. The child care expenses
18    shall be made payable directly to a party or directly to
19    the child care provider at the time of child care
20    services.
21            (A) "Child care expenses" means actual expenses
22        reasonably necessary to enable a parent or non-parent
23        custodian to be employed, to attend educational or
24        vocational training programs to improve employment
25        opportunities, or to search for employment. "Child
26        care expenses" also includes deposits for securing



SB0178- 15 -LRB103 26089 LNS 52444 b

1        placement in a child care program, the cost of before
2        and after school care, and camps when school is not in
3        session. A child's special needs shall be a
4        consideration in determining reasonable child care
5        expenses.
6            (B) Child care expenses shall be prorated in
7        proportion to each parent's percentage share of
8        combined net income, and may be added to the basic
9        child support obligation if not paid directly by each
10        parent to the provider of child care services. The
11        obligor's and obligee's portion of actual child care
12        expenses shall appear in the support order. If
13        allowed, the value of the federal income tax credit
14        for child care shall be subtracted from the actual
15        cost to determine the net child care costs.
16            (C) The amount of child care expenses shall be
17        adequate to obtain reasonable and necessary child
18        care. The actual child care expenses shall be used to
19        calculate the child care expenses, if available. When
20        actual child care expenses vary, the actual child care
21        expenses may be averaged over the most recent 12-month
22        period. When a parent is temporarily unemployed or
23        temporarily not attending educational or vocational
24        training programs, future child care expenses shall be
25        based upon prospective expenses to be incurred upon
26        return to employment or educational or vocational



SB0178- 16 -LRB103 26089 LNS 52444 b

1        training programs.
2            (D) An order for child care expenses may be
3        modified upon a showing of a substantial change in
4        circumstances. The party incurring child care expenses
5        shall notify the other party within 14 days of any
6        change in the amount of child care expenses that would
7        affect the annualized child care amount as determined
8        in the support order.
9        (3.8) Shared physical care. If each parent exercises
10    146 or more overnights per year with the child, the basic
11    child support obligation is multiplied by 1.5 to calculate
12    the shared care child support obligation. The court shall
13    determine each parent's share of the shared care child
14    support obligation based on the parent's percentage share
15    of combined net income. The child support obligation is
16    then computed for each parent by multiplying that parent's
17    portion of the shared care support obligation by the
18    percentage of time the child spends with the other parent.
19    The respective child support obligations are then offset,
20    with the parent owing more child support paying the
21    difference between the child support amounts. The Illinois
22    Department of Healthcare and Family Services shall
23    promulgate a worksheet to calculate child support in cases
24    in which the parents have shared physical care and use the
25    standardized tax amount to determine net income.
26        (3.9) Split physical care. When there is more than one



SB0178- 17 -LRB103 26089 LNS 52444 b

1    child and each parent has physical care of at least one but
2    not all of the children, the support is calculated by
3    using 2 child support worksheets to determine the support
4    each parent owes the other. The support shall be
5    calculated as follows:
6            (A) compute the support the first parent would owe
7        to other parent as if the child in his or her care was
8        the only child of the parties; then
9            (B) compute the support the other parent would owe
10        to the first parent as if the child in his or her care
11        were the only child of the parties; then
12            (C) subtract the lesser support obligation from
13        the greater.
14        The parent who owes the greater obligation shall be
15    ordered to pay the difference in support to the other
16    parent, unless the court determines, pursuant to other
17    provisions of this Section, that it should deviate from
18    the guidelines.
19        (4) Health care to be addressed by the court.
20            (A) A portion of the basic child support
21        obligation is intended to cover basic ordinary
22        out-of-pocket medical expenses. The court, in its
23        discretion, in addition to the basic child support
24        obligation, shall also provide for the child's current
25        and future medical needs by ordering either or both
26        parents to initiate health insurance coverage for the



SB0178- 18 -LRB103 26089 LNS 52444 b

1        child through currently effective health insurance
2        policies held by the parent or parents, purchase one
3        or more or all health, dental, or vision insurance
4        policies for the child, or provide for the child's
5        current and future medical needs through some other
6        manner.
7            (B) The court, in its discretion, may order either
8        or both parents to contribute to the reasonable health
9        care needs of the child not covered by insurance,
10        including, but not limited to, unreimbursed medical,
11        dental, orthodontic, or vision expenses and any
12        prescription medication for the child not covered
13        under the child's health insurance.
14            (C) If neither parent has access to appropriate
15        private health insurance coverage, the court may
16        order:
17                (I) one or both parents to provide health
18            insurance coverage at any time it becomes
19            available at a reasonable cost; or
20                (II) the parent or non-parent custodian with
21            primary physical responsibility for the child to
22            apply for public health insurance coverage for the
23            child and require either or both parents to pay a
24            reasonable amount of the cost of health insurance
25            for the child.
26            The order may also provide that any time private



SB0178- 19 -LRB103 26089 LNS 52444 b

1        health insurance coverage is available at a reasonable
2        cost to that party it will be provided instead of cash
3        medical support. As used in this Section, "cash
4        medical support" means an amount ordered to be paid
5        toward the cost of health insurance provided by a
6        public entity or by another person through employment
7        or otherwise or for other medical costs not covered by
8        insurance.
9            (D) The amount to be added to the basic child
10        support obligation shall be the actual amount of the
11        total health insurance premium that is attributable to
12        the child who is the subject of the order. If this
13        amount is not available or cannot be verified, the
14        total cost of the health insurance premium shall be
15        divided by the total number of persons covered by the
16        policy. The cost per person derived from this
17        calculation shall be multiplied by the number of
18        children who are the subject of the order and who are
19        covered under the health insurance policy. This amount
20        shall be added to the basic child support obligation
21        and shall be allocated between the parents in
22        proportion to their respective net incomes.
23            (E) After the health insurance premium for the
24        child is added to the basic child support obligation
25        and allocated between the parents in proportion to
26        their respective incomes for child support purposes,



SB0178- 20 -LRB103 26089 LNS 52444 b

1        if the obligor is paying the premium, the amount
2        calculated for the obligee's share of the health
3        insurance premium for the child shall be deducted from
4        the obligor's share of the total child support
5        obligation. If the obligee is paying for private
6        health insurance for the child, the child support
7        obligation shall be increased by the obligor's share
8        of the premium payment. The obligor's and obligee's
9        portion of health insurance costs shall appear in the
10        support order.
11            (F) Prior to allowing the health insurance
12        adjustment, the parent requesting the adjustment must
13        submit proof that the child has been enrolled in a
14        health insurance plan and must submit proof of the
15        cost of the premium. The court shall require the
16        parent receiving the adjustment to annually submit
17        proof of continued coverage of the child to the other
18        parent, or as designated by the court.
19            (G) A reasonable cost for providing health
20        insurance coverage for the child may not exceed 5% of
21        the providing parent's gross income. Parents with a
22        net income below 133% of the most recent United States
23        Department of Health and Human Services Federal
24        Poverty Guidelines or whose child is covered by
25        Medicaid based on that parent's income may not be
26        ordered to contribute toward or provide private



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1        coverage, unless private coverage is obtainable
2        without any financial contribution by that parent.
3            (H) If dental or vision insurance is included as
4        part of the employer's medical plan, the coverage
5        shall be maintained for the child. If not included in
6        the employer's medical plan, adding the dental or
7        vision insurance for the child is at the discretion of
8        the court.
9            (I) If a parent has been directed to provide
10        health insurance pursuant to this paragraph and that
11        parent's spouse or legally recognized partner provides
12        the insurance for the benefit of the child either
13        directly or through employment, a credit on the child
14        support worksheet shall be given to that parent in the
15        same manner as if the premium were paid by that parent.
16        (4.5) In a proceeding for child support following
17    dissolution of the marriage or civil union by a court that
18    lacked personal jurisdiction over the absent spouse, and
19    in which the court is requiring payment of support for the
20    period before the date an order for current support is
21    entered, there is a rebuttable presumption that the
22    obligor's net income for the prior period was the same as
23    his or her net income at the time the order for current
24    support is entered.
25        (5) If the net income cannot be determined because of
26    default or any other reason, the court shall order support



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1    in an amount considered reasonable in the particular case.
2    The final order in all cases shall state the support level
3    in dollar amounts. However, if the court finds that the
4    child support amount cannot be expressed exclusively as a
5    dollar amount because all or a portion of the obligor's
6    net income is uncertain as to source, time of payment, or
7    amount, the court may order a percentage amount of support
8    in addition to a specific dollar amount and enter such
9    other orders as may be necessary to determine and enforce,
10    on a timely basis, the applicable support ordered.
11        (6) If (i) the obligor was properly served with a
12    request for discovery of financial information relating to
13    the obligor's ability to provide child support, (ii) the
14    obligor failed to comply with the request, despite having
15    been ordered to do so by the court, and (iii) the obligor
16    is not present at the hearing to determine support despite
17    having received proper notice, then any relevant financial
18    information concerning the obligor's ability to provide
19    child support that was obtained pursuant to subpoena and
20    proper notice shall be admitted into evidence without the
21    need to establish any further foundation for its
22    admission.
23    (a-3) Life insurance to secure support. At the discretion
24of the court, a child support obligation pursuant to this
25Section and Sections 510, 513, and 513.5 of this Act may be
26secured, in whole or in part, by reasonably affordable life



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1insurance on the life of one or both parents on such terms as
2the parties agree or as the court orders. The court may require
3such insurance remain in full force and effect until the
4termination of all obligations of support, subject to the
6        (1) Existing life insurance. The court shall be
7    apprised through evidence, stipulation, or otherwise as to
8    the level, ownership, and type of existing life insurance
9    death benefit coverage available to one or both parents,
10    the cost of the premiums, cost ratings, and escalations
11    and assignment of the policy, if applicable, and all other
12    relevant circumstances. The court shall make findings
13    relative thereto.
14        (2) New life insurance. The court shall be apprised
15    through evidence, stipulation, or otherwise as to the
16    availability of obtaining reasonably affordable new life
17    insurance. To the extent the court determines that the
18    support obligations should be secured, in whole or in
19    part, by new life insurance on the life of one or both
20    parents, the court may order that one or both parents
21    comply with all requirements to obtain such new life
22    insurance through employment, trade union, fraternal
23    organizations, associations, or individual means.
24        In determining the level and type of death benefits
25    coverage to be obtained by a parent, the court shall
26    consider access and availability of life insurance to that



SB0178- 24 -LRB103 26089 LNS 52444 b

1    parent, the cost of the premium, cost ratings, and
2    escalations, if applicable, and all other relevant
3    circumstances.
4        (3) Other security. If life insurance is unavailable
5    to a parent, the court, in its discretion, or as agreed to
6    by the parties, may order other equitable and reasonable
7    means to secure a child support obligation.
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
13the last known address of the obligor. The last known address
14of the obligor may be determined from records of the clerk of
15the court, from the Federal Case Registry of Child Support
16Orders, or 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
25    not to exceed 6 months; provided, however, that the court
26    may permit the parent to be released for periods of time



SB0178- 25 -LRB103 26089 LNS 52444 b

1    during 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
24to render no financial separation between an obligor and
25another person or persons or business entity, the court may
26pierce the ownership veil of the person, persons, or business



SB0178- 26 -LRB103 26089 LNS 52444 b

1entity to discover assets of the obligor held in the name of
2that person, those persons, or that business entity. The
3following circumstances are sufficient to authorize a court to
4order discovery of the assets of a person, persons, or
5business entity and to compel the application of any
6discovered assets toward 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
14    a 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
26obligation or more, that the parent's Illinois driving



SB0178- 27 -LRB103 26089 LNS 52444 b

1privileges be suspended until the court determines that the
2parent is in compliance with the order of support. The court
3may also order that the parent be issued a family financial
4responsibility driving permit that would allow limited driving
5privileges for employment and medical purposes in accordance
6with Section 7-702.1 of the Illinois Vehicle Code. The Clerk
7of the Circuit Court shall certify the order suspending the
8driving privileges of the parent or granting the issuance of a
9family financial responsibility driving permit to the
10Secretary of State on forms prescribed by the Secretary of
11State. Upon receipt of the authenticated documents, the
12Secretary of State shall suspend the parent's driving
13privileges until further order of the court and shall, if
14ordered by the court, subject to the provisions of Section
157-702.1 of the Illinois Vehicle Code, issue a family financial
16responsibility driving permit to the parent.
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



SB0178- 28 -LRB103 26089 LNS 52444 b

1Section 50 of that Act if the person is currently
2participating in a work program pursuant to Section 505.1 of
3this Act.
4    A support obligation, or any portion of a support
5obligation, which becomes due and remains unpaid as of the end
6of each month, excluding the child support that was due for
7that month to the extent that it was not paid in that month,
8shall accrue simple interest as set forth in Section 12-109 of
9the Code of Civil Procedure. An order for support entered or
10modified on or after January 1, 2006 shall contain a statement
11that a support obligation required under the order, or any
12portion of a support obligation required under the order, that
13becomes due and remains unpaid as of the end of each month,
14excluding the child support that was due for that month to the
15extent that it was not paid in that month, shall accrue simple
16interest as set forth in Section 12-109 of the Code of Civil
17Procedure. Failure to include the statement in the order for
18support does not affect the validity of the order or the
19accrual of interest as provided in this Section.
20    (c) A one-time charge of 20% is imposable upon the amount
21of past-due child support owed on July 1, 1988 which has
22accrued under a support order entered by the court. The charge
23shall be imposed in accordance with the provisions of Section
2410-21 of the Illinois Public Aid Code and shall be enforced by
25the court upon petition.
26    (d) Any new or existing support order entered by the court



SB0178- 29 -LRB103 26089 LNS 52444 b

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



SB0178- 30 -LRB103 26089 LNS 52444 b

1of the Clerk.
2    (f) All orders for support, when entered or modified,
3shall include a provision requiring the obligor to notify the
4court and, in cases in which a party is receiving child and
5spouse services under Article X of the Illinois Public Aid
6Code, the Department of Healthcare and Family Services, within
77 days, (i) of the name and address of any new employer of the
8obligor, (ii) whether the obligor has access to health
9insurance coverage through the employer or other group
10coverage and, if so, the policy name and number and the names
11of persons covered under the policy, except only the initials
12of any covered minors shall be included, and (iii) of any new
13residential or mailing address or telephone number of the
14obligor. In any subsequent action to enforce a support order,
15upon a sufficient showing that a diligent effort has been made
16to ascertain the location of the obligor, service of process
17or provision of notice necessary in the case may be made at the
18last known address of the obligor in any manner expressly
19provided by the Code of Civil Procedure or this Act, which
20service shall be sufficient for purposes of due process.
21    (g) An order for support shall include a date on which the
22current support obligation terminates. The termination date
23shall be no earlier than the date on which the child covered by
24the order will attain the age of 18. However, if the child will
25not graduate from high school until after attaining the age of
2618, then the termination date shall be no earlier than the



SB0178- 31 -LRB103 26089 LNS 52444 b

1earlier of the date on which the child's high school
2graduation will occur or the date on which the child will
3attain the age of 19. The order for support shall state that
4the termination date does not apply to any arrearage that may
5remain unpaid on that date. Nothing in this subsection shall
6be construed to prevent the court from modifying the order or
7terminating the order in the event the child is otherwise
9    (g-5) If there is an unpaid arrearage or delinquency (as
10those terms are defined in the Income Withholding for Support
11Act) equal to at least one month's support obligation on the
12termination date stated in the order for support or, if there
13is no termination date stated in the order, on the date the
14child attains the age of majority or is otherwise emancipated,
15the periodic amount required to be paid for current support of
16that child immediately prior to that date shall automatically
17continue to be an obligation, not as current support but as
18periodic payment toward satisfaction of the unpaid arrearage
19or delinquency. That periodic payment shall be in addition to
20any periodic payment previously required for satisfaction of
21the arrearage or delinquency. The total periodic amount to be
22paid toward satisfaction of the arrearage or delinquency may
23be enforced and collected by any method provided by law for
24enforcement and collection of child support, including but not
25limited to income withholding under the Income Withholding for
26Support Act. Each order for support entered or modified on or



SB0178- 32 -LRB103 26089 LNS 52444 b

1after January 1, 2005 (the effective date of Public Act
293-1061) must contain a statement notifying the parties of the
3requirements of this subsection. Failure to include the
4statement in the order for support does not affect the
5validity of the order or the operation of the provisions of
6this subsection with regard to the order. This subsection
7shall not be construed to prevent or affect the establishment
8or modification of an order for support of a minor child or the
9establishment or modification of an order for support of a
10non-minor child or educational expenses under Section 513 of
11this Act.
12    (h) An order entered under this Section shall include a
13provision requiring either parent to report to the other
14parent and to the Clerk of Court within 10 days each time
15either parent obtains new employment, and each time either
16parent's employment is terminated for any reason. The report
17shall be in writing and shall, in the case of new employment,
18include the name and address of the new employer. Failure to
19report new employment or the termination of current
20employment, if coupled with nonpayment of support for a period
21in excess of 60 days, is indirect criminal contempt. For
22either parent arrested for failure to report new employment
23bond shall be set in the amount of the child support that
24should have been paid during the period of unreported
25employment. An order entered under this Section shall also
26include a provision requiring either obligor and obligee to



SB0178- 33 -LRB103 26089 LNS 52444 b

1advise the other of a change in residence within 5 days of the
2change except when the court finds that the physical, mental,
3or emotional health of a party or that of a child, or both,
4would be seriously endangered by disclosure of the party's
6    (i) The court does not lose the powers of contempt,
7driver's license suspension, or other child support
8enforcement mechanisms, including, but not limited to,
9criminal prosecution as set forth in this Act, upon the
10emancipation of the minor child.
11(Source: P.A. 102-823, eff. 5-13-22.)