Illinois General Assembly - Full Text of HB2337
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Full Text of HB2337  98th General Assembly

HB2337 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2337

 

Introduced , by Rep. Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 5/504  from Ch. 40, par. 504
750 ILCS 5/505  from Ch. 40, par. 505

    Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if a court determines that a maintenance award is appropriate, the court must make an award pursuant to maintenance guidelines or pursuant to a list of relevant factors. Provides that if a maintenance award is appropriate, the parties' gross income is less than $250,000, and no multiple family situation exists, these maintenance guidelines shall be used by the court: (1) the amount of maintenance is calculated by using designated percentages of the gross income of the payor, of the payee, and of both parties; and (2) the duration of a guidelines maintenance award is based upon a calculation that utilizes the length of the marriage and, for marriages of 20 years or more, the court may order either permanent maintenance or maintenance for a period of years that is equal to the length of the marriage. Provides that in an action filed less than 10 years after the date of the marriage, if the court grants maintenance for a fixed period of time, the court may also set a "permanent termination" date, after which maintenance is barred. Provides that in a case involving the issue of maintenance, the court shall make specific findings of fact and state the reason or reasons for awarding or not awarding maintenance. Provides that if the court deviates from otherwise applicable guidelines, the court must calculate what the maintenance amount would be under the guidelines and the reasons for the court's variance from the guidelines. Provides that for the purpose of determining maintenance, "gross income" means all income from all sources. Provides that, unless the parties agree, the court shall not order unallocated maintenance and child support, but the court, in its discretion, may order for unallocated maintenance and child support in a pre-dissolution temporary order. In provisions concerning child support guidelines, provides that "net income" does not include the amount of maintenance paid to the same person to whom the child support is payable. Adds headings to existing subsections.


LRB098 00023 AJO 30194 b

 

 

A BILL FOR

 

HB2337LRB098 00023 AJO 30194 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 Sections 504 and 505 as
6follows:
 
7    (750 ILCS 5/504)  (from Ch. 40, par. 504)
8    Sec. 504. Maintenance.
9    (a) Entitlement to maintenance. In a proceeding for
10dissolution of marriage or legal separation or declaration of
11invalidity of marriage, or a proceeding for maintenance
12following dissolution of the marriage by a court which lacked
13personal jurisdiction over the absent spouse, the court may
14grant a temporary or permanent maintenance award for either
15spouse in amounts and for periods of time as the court deems
16just, without regard to marital misconduct, in gross or for
17fixed or indefinite periods of time, and the maintenance may be
18paid from the income or property of the other spouse. The court
19shall first determine whether a maintenance award is
20appropriate, after consideration of all relevant factors,
21including:
22        (1) the income and property of each party, including
23    marital property apportioned and non-marital property

 

 

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1    assigned to the party seeking maintenance;
2        (2) the needs of each party;
3        (3) the present and future earning capacity of each
4    party;
5        (4) any impairment of the present and future earning
6    capacity of the party seeking maintenance due to that party
7    devoting time to domestic duties or having forgone or
8    delayed education, training, employment, or career
9    opportunities due to the marriage;
10        (5) the time necessary to enable the party seeking
11    maintenance to acquire appropriate education, training,
12    and employment, and whether that party is able to support
13    himself or herself through appropriate employment or is the
14    custodian of a child making it appropriate that the
15    custodian not seek employment;
16        (6) the standard of living established during the
17    marriage;
18        (7) the duration of the marriage;
19        (8) the age and the physical and emotional condition of
20    both parties;
21        (9) the tax consequences of the property division upon
22    the respective economic circumstances of the parties;
23        (10) contributions and services by the party seeking
24    maintenance to the education, training, career or career
25    potential, or license of the other spouse;
26        (11) any valid agreement of the parties; and

 

 

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1        (12) any other factor that the court expressly finds to
2    be just and equitable.
3    (b) (Blank).
4    (b-1) Amount and duration of maintenance. If the court
5determines that a maintenance award is appropriate, the court
6shall order maintenance in accordance with either paragraph (1)
7or (2) of this subsection (b-1):
8        (1) Guidelines maintenance. In situations when the
9    combined gross income of the parties is less than $250,000
10    and no multiple family situation exists, maintenance
11    payable after the date the parties' marriage is dissolved
12    shall be in accordance with subparagraphs (A) and (B) of
13    this paragraph (1), unless the court makes a finding that
14    the application of the guidelines would be inappropriate.
15            (A) Maintenance shall be calculated by taking 30%
16        of the payor's gross income minus 20% of the payee's
17        gross income. The amount, so calculated as
18        maintenance, however, when added to the gross income of
19        the payee shall not result in the recipient receiving
20        an amount that is in excess of 40% of the combined
21        gross income of the parties.
22            (B) The duration of a guidelines award shall be
23        arrived at by multiplying the length of the marriage
24        (up to 20 years) by whichever of the following factors
25        applies: 0-5 years (.20); 5-10 years (.40); 10-15 years
26        (.60); or 15-20 years (.80). For a marriage of 20 or

 

 

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1        more years, the court in its discretion shall order
2        either permanent maintenance or, alternatively,
3        maintenance for a period equal to the length of the
4        marriage.
5        (2) Non-guidelines maintenance. Any non-guidelines
6    award of maintenance shall be made after the court's
7    consideration of all relevant factors set forth in
8    subsection (a) of this Section 504.
9    (b-2) Findings. In each case involving the issue of
10maintenance, the court shall make specific findings of fact, as
11follows:
12        (1) the court shall state its reason or reasons for
13    awarding or not awarding maintenance, including reference
14    to each relevant factor set forth in subsection (a) of this
15    Section 504; and
16        (2) if the court deviates from otherwise applicable
17    guidelines under paragraph (1) of subsection (b-1), it
18    shall state in its findings the amount of maintenance (if
19    determinable) or duration that would have been required
20    under the guidelines and the reason or reasons for any
21    variance from the guidelines.
22    (b-3) Gross income. For purposes of this Section 504, the
23term "gross income" means "all income from all sources" within
24the scope of that phrase in Section 505.
25    (b-4) Unallocated maintenance. Unless the parties
26otherwise agree, the court shall not order unallocated

 

 

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1maintenance and child support in any dissolution judgment or in
2any post-dissolution order. In its discretion, the court may
3order unallocated maintenance and child support in any
4pre-dissolution temporary order.
5    (b-4.5) Fixed term maintenance in marriages of less than 10
6years. If a court grants maintenance for a fixed period under
7subsection (a) of this Section 504 at the conclusion of a case
8commenced before the tenth anniversary of the marriage, the
9court may also designate the termination of the period during
10which this maintenance is to be paid as a "permanent
11termination". The effect of this designation is that
12maintenance is barred after the ending date of this period.
13    (b-5) Interest on maintenance. Any maintenance obligation
14including any unallocated maintenance and child support
15obligation, or any portion of any support obligation, that
16becomes due and remains unpaid shall accrue simple interest as
17set forth in Section 505 of this Act.
18    (b-7) Maintenance judgments. Any new or existing
19maintenance order including any unallocated maintenance and
20child support order entered by the court under this Section
21shall be deemed to be a series of judgments against the person
22obligated to pay support thereunder. Each such judgment to be
23in the amount of each payment or installment of support and
24each such judgment to be deemed entered as of the date the
25corresponding payment or installment becomes due under the
26terms of the support order, except no judgment shall arise as

 

 

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1to any installment coming due after the termination of
2maintenance as provided by Section 510 of the Illinois Marriage
3and Dissolution of Marriage Act or the provisions of any order
4for maintenance. Each such judgment shall have the full force,
5effect and attributes of any other judgment of this State,
6including the ability to be enforced. Notwithstanding any other
7State or local law to the contrary, a lien arises by operation
8of law against the real and personal property of the obligor
9for each installment of overdue support owed by the obligor.
10    (c) Maintenance during an appeal. The court may grant and
11enforce the payment of maintenance during the pendency of an
12appeal as the court shall deem reasonable and proper.
13    (d) Maintenance during imprisonment. No maintenance shall
14accrue during the period in which a party is imprisoned for
15failure to comply with the court's order for the payment of
16such maintenance.
17    (e) Fees when maintenance is paid through the clerk. When
18maintenance is to be paid through the clerk of the court in a
19county of 1,000,000 inhabitants or less, the order shall direct
20the obligor to pay to the clerk, in addition to the maintenance
21payments, all fees imposed by the county board under paragraph
22(3) of subsection (u) of Section 27.1 of the Clerks of Courts
23Act. Unless paid in cash or pursuant to an order for
24withholding, the payment of the fee shall be by a separate
25instrument from the support payment and shall be made to the
26order of the Clerk.

 

 

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1    (f) Maintenance secured by life insurance. An award ordered
2by a court upon entry of a dissolution judgment or upon entry
3of an award of maintenance following a reservation of
4maintenance in a dissolution judgment may be reasonably
5secured, in whole or in part, by life insurance on the payor's
6life on terms as to which the parties agree, or, if they do not
7agree, on such terms determined by the court, subject to the
8following:
9        (1) With respect to existing life insurance, provided
10    the court is apprised through evidence, stipulation, or
11    otherwise as to level of death benefits, premium, and other
12    relevant data and makes findings relative thereto, the
13    court may allocate death benefits, the right to assign
14    death benefits, or the obligation for future premium
15    payments between the parties as it deems just.
16        (2) To the extent the court determines that its award
17    should be secured, in whole or in part, by new life
18    insurance on the payor's life, the court may only order:
19            (i) that the payor cooperate on all appropriate
20        steps for the payee to obtain such new life insurance;
21        and
22            (ii) that the payee, at his or her sole option and
23        expense, may obtain such new life insurance on the
24        payor's life up to a maximum level of death benefit
25        coverage, or descending death benefit coverage, as is
26        set by the court, such level not to exceed a reasonable

 

 

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1        amount in light of the court's award, with the payee or
2        the payee's designee being the beneficiary of such life
3        insurance.
4    In determining the maximum level of death benefit coverage,
5    the court shall take into account all relevant facts and
6    circumstances, including the impact on access to life
7    insurance by the maintenance payor. If in resolving any
8    issues under paragraph (2) of this subsection (f) a court
9    reviews any submitted or proposed application for new
10    insurance on the life of a maintenance payor, the review
11    shall be in camera.
12        (3) A judgment shall expressly set forth that all death
13    benefits paid under life insurance on a payor's life
14    maintained or obtained pursuant to this subsection to
15    secure maintenance are designated as excludable from the
16    gross income of the maintenance payee under Section
17    71(b)(1)(B) of the Internal Revenue Code, unless an
18    agreement or stipulation of the parties otherwise
19    provides.
20(Source: P.A. 97-186, eff. 7-22-11; 97-608, eff. 1-1-12;
2197-813, eff. 7-13-12.)
 
22    (750 ILCS 5/505)  (from Ch. 40, par. 505)
23    Sec. 505. Child support; contempt; penalties.
24    (a) In a proceeding for dissolution of marriage, legal
25separation, declaration of invalidity of marriage, a

 

 

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1proceeding for child support following dissolution of the
2marriage by a court that lacked personal jurisdiction over the
3absent spouse, a proceeding for modification of a previous
4order for child support under Section 510 of this Act, or any
5proceeding authorized under Section 501 or 601 of this Act, the
6court may order either or both parents owing a duty of support
7to a child of the marriage to pay an amount reasonable and
8necessary for the support of the child, without regard to
9marital misconduct. The duty of support owed to a child
10includes the obligation to provide for the reasonable and
11necessary educational, physical, mental and emotional health
12needs of the child. For purposes of this Section, the term
13"child" shall include any child under age 18 and any child
14under age 19 who is still attending high school.
15        (1) The Court shall determine the minimum amount of
16    support by using the following guidelines:
17Number of ChildrenPercent of Supporting Party's
18Net Income
19120%
20228%
21332%
22440%
23545%
246 or more50%
25        (2) The above guidelines shall be applied in each case
26    unless the court finds that a deviation from the guidelines

 

 

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1    is appropriate after considering the best interest of the
2    child in light of the evidence, including, but not limited
3    to, one or more of the following relevant factors:
4            (a) the financial resources and needs of the child;
5            (b) the financial resources and needs of the
6        custodial parent;
7            (c) the standard of living the child would have
8        enjoyed had the marriage not been dissolved;
9            (d) the physical, mental, and emotional needs of
10        the child;
11            (d-5) the educational needs of the child; and
12            (e) the financial resources and needs of the
13        non-custodial parent.
14        If the court deviates from the guidelines, the court's
15    finding shall state the amount of support that would have
16    been required under the guidelines, if determinable. The
17    court shall include the reason or reasons for the variance
18    from the guidelines.
19        (2.5) The court, in its discretion, in addition to
20    setting child support pursuant to the guidelines and
21    factors, may order either or both parents owing a duty of
22    support to a child of the marriage to contribute to the
23    following expenses, if determined by the court to be
24    reasonable:
25            (a) health needs not covered by insurance;
26            (b) child care;

 

 

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1            (c) education; and
2            (d) extracurricular activities.
3        (3) "Net income" is defined as the total of all income
4    from all sources, minus the following deductions:
5            (a) Federal income tax (properly calculated
6        withholding or estimated payments);
7            (b) State income tax (properly calculated
8        withholding or estimated payments);
9            (c) Social Security (FICA payments);
10            (d) Mandatory retirement contributions required by
11        law or as a condition of employment;
12            (e) Union dues;
13            (f) Dependent and individual
14        health/hospitalization insurance premiums and premiums
15        for life insurance ordered by the court to reasonably
16        secure payment of ordered child support;
17            (g) Prior obligations of support or maintenance
18        actually paid pursuant to a court order;
19            (g-5) Obligations pursuant to a court order for
20        maintenance in the pending proceeding actually paid or
21        payable under Section 504 to the same party to whom
22        child support is to be payable;
23            (h) Expenditures for repayment of debts that
24        represent reasonable and necessary expenses for the
25        production of income, medical expenditures necessary
26        to preserve life or health, reasonable expenditures

 

 

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1        for the benefit of the child and the other parent,
2        exclusive of gifts. The court shall reduce net income
3        in determining the minimum amount of support to be
4        ordered only for the period that such payments are due
5        and shall enter an order containing provisions for its
6        self-executing modification upon termination of such
7        payment period;
8            (i) Foster care payments paid by the Department of
9        Children and Family Services for providing licensed
10        foster care to a foster child.
11        (4) In cases where the court order provides for
12    health/hospitalization insurance coverage pursuant to
13    Section 505.2 of this Act, the premiums for that insurance,
14    or that portion of the premiums for which the supporting
15    party is responsible in the case of insurance provided
16    through an employer's health insurance plan where the
17    employer pays a portion of the premiums, shall be
18    subtracted from net income in determining the minimum
19    amount of support to be ordered.
20        (4.5) In a proceeding for child support following
21    dissolution of the marriage by a court that lacked personal
22    jurisdiction over the absent spouse, and in which the court
23    is requiring payment of support for the period before the
24    date an order for current support is entered, there is a
25    rebuttable presumption that the supporting party's net
26    income for the prior period was the same as his or her net

 

 

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

 

 

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1    its admission.
2    (a-5) In an action to enforce an order for support based on
3the respondent's failure to make support payments as required
4by the order, notice of proceedings to hold the respondent in
5contempt for that failure may be served on the respondent by
6personal service or by regular mail addressed to the
7respondent's last known address. The respondent's last known
8address may be determined from records of the clerk of the
9court, from the Federal Case Registry of Child Support Orders,
10or by any other reasonable means.
11    (b) Failure of either parent to comply with an order to pay
12support shall be punishable as in other cases of contempt. In
13addition to other penalties provided by law the Court may,
14after finding the parent guilty of contempt, order that the
15parent be:
16        (1) placed on probation with such conditions of
17    probation as the Court deems advisable;
18        (2) sentenced to periodic imprisonment for a period not
19    to exceed 6 months; provided, however, that the Court may
20    permit the parent to be released for periods of time during
21    the day or night to:
22            (A) work; or
23            (B) conduct a business or other self-employed
24        occupation.
25    The Court may further order any part or all of the earnings
26of a parent during a sentence of periodic imprisonment paid to

 

 

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1the Clerk of the Circuit Court or to the parent having custody
2or to the guardian having custody of the children of the
3sentenced parent for the support of said children until further
4order of the Court.
5    If a parent who is found guilty of contempt for failure to
6comply with an order to pay support is a person who conducts a
7business or who is self-employed, the court in addition to
8other penalties provided by law may order that the parent do
9one or more of the following: (i) provide to the court monthly
10financial statements showing income and expenses from the
11business or the self-employment; (ii) seek employment and
12report periodically to the court with a diary, listing, or
13other memorandum of his or her employment search efforts; or
14(iii) report to the Department of Employment Security for job
15search services to find employment that will be subject to
16withholding for child support.
17    If there is a unity of interest and ownership sufficient to
18render no financial separation between a non-custodial parent
19and another person or persons or business entity, the court may
20pierce the ownership veil of the person, persons, or business
21entity to discover assets of the non-custodial parent held in
22the name of that person, those persons, or that business
23entity. The following circumstances are sufficient to
24authorize a court to order discovery of the assets of a person,
25persons, or business entity and to compel the application of
26any discovered assets toward payment on the judgment for

 

 

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1support:
2        (1) the non-custodial parent and the person, persons,
3    or business entity maintain records together.
4        (2) the non-custodial parent and the person, persons,
5    or business entity fail to maintain an arm's length
6    relationship between themselves with regard to any assets.
7        (3) the non-custodial parent transfers assets to the
8    person, persons, or business entity with the intent to
9    perpetrate a fraud on the custodial parent.
10    With respect to assets which are real property, no order
11entered under this paragraph shall affect the rights of bona
12fide purchasers, mortgagees, judgment creditors, or other lien
13holders who acquire their interests in the property prior to
14the time a notice of lis pendens pursuant to the Code of Civil
15Procedure or a copy of the order is placed of record in the
16office of the recorder of deeds for the county in which the
17real property is located.
18    The court may also order in cases where the parent is 90
19days or more delinquent in payment of support or has been
20adjudicated in arrears in an amount equal to 90 days obligation
21or more, that the parent's Illinois driving privileges be
22suspended until the court determines that the parent is in
23compliance with the order of support. The court may also order
24that the parent be issued a family financial responsibility
25driving permit that would allow limited driving privileges for
26employment and medical purposes in accordance with Section

 

 

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17-702.1 of the Illinois Vehicle Code. The clerk of the circuit
2court shall certify the order suspending the driving privileges
3of the parent or granting the issuance of a family financial
4responsibility driving permit to the Secretary of State on
5forms prescribed by the Secretary. Upon receipt of the
6authenticated documents, the Secretary of State shall suspend
7the parent's driving privileges until further order of the
8court and shall, if ordered by the court, subject to the
9provisions of Section 7-702.1 of the Illinois Vehicle Code,
10issue a family financial responsibility driving permit to the
11parent.
12    In addition to the penalties or punishment that may be
13imposed under this Section, any person whose conduct
14constitutes a violation of Section 15 of the Non-Support
15Punishment Act may be prosecuted under that Act, and a person
16convicted under that Act may be sentenced in accordance with
17that Act. The sentence may include but need not be limited to a
18requirement that the person perform community service under
19Section 50 of that Act or participate in a work alternative
20program under Section 50 of that Act. A person may not be
21required to participate in a work alternative program under
22Section 50 of that Act if the person is currently participating
23in a work program pursuant to Section 505.1 of this Act.
24    A support obligation, or any portion of a support
25obligation, which becomes due and remains unpaid as of the end
26of each month, excluding the child support that was due for

 

 

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1that month to the extent that it was not paid in that month,
2shall accrue simple interest as set forth in Section 12-109 of
3the Code of Civil Procedure. An order for support entered or
4modified on or after January 1, 2006 shall contain a statement
5that a support obligation required under the order, or any
6portion of a support obligation required under the order, that
7becomes due and remains unpaid as of the end of each month,
8excluding the child support that was due for that month to the
9extent that it was not paid in that month, shall accrue simple
10interest as set forth in Section 12-109 of the Code of Civil
11Procedure. Failure to include the statement in the order for
12support does not affect the validity of the order or the
13accrual of interest as provided in this Section.
14    (c) A one-time charge of 20% is imposable upon the amount
15of past-due child support owed on July 1, 1988 which has
16accrued under a support order entered by the court. The charge
17shall be imposed in accordance with the provisions of Section
1810-21 of the Illinois Public Aid Code and shall be enforced by
19the court upon petition.
20    (d) Any new or existing support order entered by the court
21under this Section shall be deemed to be a series of judgments
22against the person obligated to pay support thereunder, each
23such judgment to be in the amount of each payment or
24installment of support and each such judgment to be deemed
25entered as of the date the corresponding payment or installment
26becomes due under the terms of the support order. Each such

 

 

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1judgment shall have the full force, effect and attributes of
2any other judgment of this State, including the ability to be
3enforced. Notwithstanding any other State or local law to the
4contrary, a lien arises by operation of law against the real
5and personal property of the noncustodial parent for each
6installment of overdue support owed by the noncustodial parent.
7    (e) When child support is to be paid through the clerk of
8the court in a county of 1,000,000 inhabitants or less, the
9order shall direct the obligor to pay to the clerk, in addition
10to the child support payments, all fees imposed by the county
11board under paragraph (3) of subsection (u) of Section 27.1 of
12the Clerks of Courts Act. Unless paid in cash or pursuant to an
13order for withholding, the payment of the fee shall be by a
14separate instrument from the support payment and shall be made
15to the order of the Clerk.
16    (f) All orders for support, when entered or modified, shall
17include a provision requiring the obligor to notify the court
18and, in cases in which a party is receiving child and spouse
19services under Article X of the Illinois Public Aid Code, the
20Department of Healthcare and Family Services, within 7 days,
21(i) of the name and address of any new employer of the obligor,
22(ii) whether the obligor has access to health insurance
23coverage through the employer or other group coverage and, if
24so, the policy name and number and the names of persons covered
25under the policy, and (iii) of any new residential or mailing
26address or telephone number of the non-custodial parent. In any

 

 

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1subsequent action to enforce a support order, upon a sufficient
2showing that a diligent effort has been made to ascertain the
3location of the non-custodial parent, service of process or
4provision of notice necessary in the case may be made at the
5last known address of the non-custodial parent in any manner
6expressly provided by the Code of Civil Procedure or this Act,
7which service shall be sufficient for purposes of due process.
8    (g) An order for support shall include a date on which the
9current support obligation terminates. The termination date
10shall be no earlier than the date on which the child covered by
11the order will attain the age of 18. However, if the child will
12not graduate from high school until after attaining the age of
1318, then the termination date shall be no earlier than the
14earlier of the date on which the child's high school graduation
15will occur or the date on which the child will attain the age
16of 19. The order for support shall state that the termination
17date does not apply to any arrearage that may remain unpaid on
18that date. Nothing in this subsection shall be construed to
19prevent the court from modifying the order or terminating the
20order in the event the child is otherwise emancipated.
21    (g-5) If there is an unpaid arrearage or delinquency (as
22those terms are defined in the Income Withholding for Support
23Act) equal to at least one month's support obligation on the
24termination date stated in the order for support or, if there
25is no termination date stated in the order, on the date the
26child attains the age of majority or is otherwise emancipated,

 

 

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1the periodic amount required to be paid for current support of
2that child immediately prior to that date shall automatically
3continue to be an obligation, not as current support but as
4periodic payment toward satisfaction of the unpaid arrearage or
5delinquency. That periodic payment shall be in addition to any
6periodic payment previously required for satisfaction of the
7arrearage or delinquency. The total periodic amount to be paid
8toward satisfaction of the arrearage or delinquency may be
9enforced and collected by any method provided by law for
10enforcement and collection of child support, including but not
11limited to income withholding under the Income Withholding for
12Support Act. Each order for support entered or modified on or
13after the effective date of this amendatory Act of the 93rd
14General Assembly must contain a statement notifying the parties
15of the requirements of this subsection. Failure to include the
16statement in the order for support does not affect the validity
17of the order or the operation of the provisions of this
18subsection with regard to the order. This subsection shall not
19be construed to prevent or affect the establishment or
20modification of an order for support of a minor child or the
21establishment or modification of an order for support of a
22non-minor child or educational expenses under Section 513 of
23this Act.
24    (h) An order entered under this Section shall include a
25provision requiring the obligor to report to the obligee and to
26the clerk of court within 10 days each time the obligor obtains

 

 

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1new employment, and each time the obligor's employment is
2terminated for any reason. The report shall be in writing and
3shall, in the case of new employment, include the name and
4address of the new employer. Failure to report new employment
5or the termination of current employment, if coupled with
6nonpayment of support for a period in excess of 60 days, is
7indirect criminal contempt. For any obligor arrested for
8failure to report new employment bond shall be set in the
9amount of the child support that should have been paid during
10the period of unreported employment. An order entered under
11this Section shall also include a provision requiring the
12obligor and obligee parents to advise each other of a change in
13residence within 5 days of the change except when the court
14finds that the physical, mental, or emotional health of a party
15or that of a child, or both, would be seriously endangered by
16disclosure of the party's address.
17    (i) The court does not lose the powers of contempt,
18driver's license suspension, or other child support
19enforcement mechanisms, including, but not limited to,
20criminal prosecution as set forth in this Act, upon the
21emancipation of the minor child or children.
22(Source: P.A. 96-1134, eff. 7-21-10; 97-186, eff. 7-22-11;
2397-608, eff. 1-1-12; 97-813, eff. 7-13-12; 97-878, eff. 8-2-12;
2497-941, eff. 1-1-13; 97-1029, eff. 1-1-13; revised 8-23-12.)