Full Text of SB1827 97th General Assembly
SB1827ham001 97TH GENERAL ASSEMBLY | Rep. John E. Bradley Filed: 5/11/2011
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| 1 | | AMENDMENT TO SENATE BILL 1827
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1827 as follows:
| 3 | | "Section 5. The Illinois Public Aid Code is amended by | 4 | | changing Sections 10-1, 10-8.1, 10-10, 10-11, and 10-17.1 and | 5 | | by adding Sections 10-15.1 and 10-16.5a as follows:
| 6 | | (305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
| 7 | | Sec. 10-1. Declaration of Public Policy - Persons Eligible | 8 | | for Child Support
Enforcement Services - Fees for | 9 | | Non-Applicants and
Non-Recipients.) It is the intent of this | 10 | | Code that the financial aid
and social welfare services herein | 11 | | provided supplement rather than
supplant the primary and | 12 | | continuing obligation of the family unit for
self-support to | 13 | | the fullest extent permitted by the resources available
to it. | 14 | | This primary and continuing obligation applies whether the | 15 | | family
unit of parents and children or of husband and wife | 16 | | remains intact and
resides in a common household or whether the |
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| 1 | | unit has been broken by
absence of one or more members of the | 2 | | unit. The obligation of the
family unit is particularly | 3 | | applicable when a member is in necessitous
circumstances and | 4 | | lacks the means of a livelihood compatible with health
and | 5 | | well-being.
| 6 | | It is the purpose of this Article to provide for locating | 7 | | an absent
parent or spouse, for determining his financial | 8 | | circumstances, and for
enforcing his legal obligation of | 9 | | support, if he is able to furnish
support, in whole or in part. | 10 | | The Department of Healthcare and Family Services shall give
| 11 | | priority to establishing, enforcing
and collecting the current | 12 | | support obligation, and then to past due support
owed to the | 13 | | family unit, except with respect to collections effected
| 14 | | through the intercept programs provided for in this Article.
| 15 | | The child support enforcement services provided hereunder
| 16 | | shall be
furnished dependents of an absent parent or spouse who | 17 | | are applicants
for or recipients of financial aid under this | 18 | | Code. It is not,
however, a condition of eligibility for | 19 | | financial aid that there be no
responsible relatives who are | 20 | | reasonably able to provide support. Nor,
except as provided in | 21 | | Sections 4-1.7 and 10-8, shall the existence of
such relatives | 22 | | or their payment of support contributions disqualify a
needy | 23 | | person for financial aid.
| 24 | | By accepting financial aid under this Code, a spouse or a | 25 | | parent or
other person having custody of a child shall be | 26 | | deemed to have made
assignment to the Illinois Department for |
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| 1 | | aid under Articles III, IV,
V and VII or to a local | 2 | | governmental unit for aid under Article VI of
any and all | 3 | | rights, title, and interest in any support obligation, | 4 | | excluding including statutory interest thereon, up to
the | 5 | | amount of financial aid provided. The rights to support | 6 | | assigned to
the Department of Healthcare and Family Services | 7 | | (formerly
Illinois Department of Public Aid) or local | 8 | | governmental unit shall
constitute an
obligation owed the State | 9 | | or local governmental unit by the person who
is responsible for | 10 | | providing the support, and shall be collectible under
all | 11 | | applicable processes.
| 12 | | The Department of Healthcare and Family Services shall also | 13 | | furnish the child support enforcement services established | 14 | | under this Article in
behalf of persons who
are not applicants | 15 | | for or recipients of financial aid
under this Code in | 16 | | accordance with the requirements of Title IV, Part D of the
| 17 | | Social Security Act. The Department may
establish a schedule of | 18 | | reasonable fees, to be paid for the services
provided and may | 19 | | deduct a collection fee, not to exceed 10% of the amount
| 20 | | collected, from such collection.
The
Department of Healthcare | 21 | | and Family Services shall cause to be published and
distributed | 22 | | publications
reasonably calculated to inform the public that | 23 | | individuals who are not
recipients of or applicants for public | 24 | | aid under this Code are eligible
for the child support | 25 | | enforcement services under this
Article X. Such
publications
| 26 | | shall set forth an explanation, in plain language, that the |
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| 1 | | child
support enforcement services program is independent of | 2 | | any public
aid program under the Code and that the receiving of | 3 | | child
support
enforcement services in no way implies that the | 4 | | person
receiving such services is receiving
public aid.
| 5 | | (Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07.)
| 6 | | (305 ILCS 5/10-8.1)
| 7 | | Sec. 10-8.1. Temporary order for child support. | 8 | | Notwithstanding any other
law to the contrary, pending the | 9 | | outcome of an
administrative determination of parentage, the | 10 | | Illinois Department shall issue
a temporary order for child | 11 | | support, upon motion by a party and a showing of
clear and | 12 | | convincing evidence of paternity. In determining the amount of | 13 | | the
temporary child support award, the Illinois Department | 14 | | shall use the
guidelines and standards set forth in subsection | 15 | | (a) of Section 505 and in
Section 505.2 of the Illinois | 16 | | Marriage and Dissolution of Marriage Act.
| 17 | | Any new or existing support order entered by the Illinois | 18 | | Department under
this Section shall be deemed to be a series of | 19 | | judgments against the person
obligated to pay support | 20 | | thereunder, each such judgment to be in the amount of
each | 21 | | payment or installment of support and each judgment to be | 22 | | deemed entered
as of the date the corresponding payment or | 23 | | installment becomes due under the
terms of the support order. | 24 | | Each such judgment shall have
the full force, effect, and | 25 | | attributes of any other judgment of this State,
including the |
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| 1 | | ability to be enforced. Any such judgment is subject to
| 2 | | modification or termination only in accordance with Section 510 | 3 | | of the
Illinois Marriage and Dissolution of Marriage Act.
| 4 | | Interest shall accrue on support obligations as provided in | 5 | | Section 12-109 of the Code of Civil Procedure. A lien arises by | 6 | | operation of law against the real and personal property of the
| 7 | | noncustodial parent for each
installment of overdue support | 8 | | owed by the noncustodial parent.
| 9 | | All orders for support entered or modified in a case in | 10 | | which a party is
receiving child support enforcement services | 11 | | under this
Article X shall include
a provision requiring the | 12 | | non-custodial parent to notify the Illinois
Department, within | 13 | | 7 days, (i) of the name, address, and telephone number of
any | 14 | | new
employer of the non-custodial parent, (ii) whether the | 15 | | non-custodial parent has
access to health insurance coverage | 16 | | through the employer or other group
coverage, and, if so, the | 17 | | policy name and number and the names of persons
covered under | 18 | | the policy, and (iii) of any new residential or mailing address
| 19 | | or telephone number of the non-custodial parent.
| 20 | | In any subsequent action to enforce a support order, upon | 21 | | sufficient showing
that diligent effort has been made to | 22 | | ascertain the location of the
non-custodial parent, service of | 23 | | process or provision of notice necessary in
that action may be | 24 | | made at the last known address of the non-custodial parent,
in | 25 | | any manner expressly provided by the Code of
Civil Procedure or | 26 | | this Act, which service shall be sufficient for purposes of
due |
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| 1 | | process.
| 2 | | An order for support shall include a date on which the | 3 | | current support
obligation terminates. The termination date | 4 | | shall be no earlier than the date
on which the child covered by | 5 | | the order will attain the age of
18. However, if the child will | 6 | | not graduate from high school until after
attaining the age
of | 7 | | 18, then the termination date shall be no earlier than the | 8 | | earlier of the
date on which
the child's high school graduation | 9 | | will occur or the date on which the child
will attain the
age | 10 | | of 19. The order for support shall state that the termination
| 11 | | date does not apply to any arrearage that may remain unpaid on | 12 | | that date.
Nothing in this paragraph shall be construed to | 13 | | prevent the Illinois Department
from modifying the order or | 14 | | terminating the order in the event the child is
otherwise | 15 | | emancipated.
| 16 | | If there is an unpaid arrearage or delinquency (as those | 17 | | terms are defined in the Income Withholding for Support Act) | 18 | | equal to at least one month's support obligation on the | 19 | | termination date stated in the order for support or, if there | 20 | | is no termination date stated in the order, on the date the | 21 | | child attains the age of majority or is otherwise emancipated, | 22 | | then the periodic amount required to be paid for current | 23 | | support of that child immediately prior to that date shall | 24 | | automatically continue to be an obligation, not as current | 25 | | support but as periodic payment toward satisfaction of the | 26 | | unpaid arrearage or delinquency. That periodic payment shall be |
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| 1 | | in addition to any periodic payment previously required for | 2 | | satisfaction of the arrearage or delinquency. The total | 3 | | periodic amount to be paid toward satisfaction of the arrearage | 4 | | or delinquency may be enforced and collected by any method | 5 | | provided by law for the enforcement and collection of child | 6 | | support, including but not limited to income withholding under | 7 | | the Income Withholding for Support Act. Each order for support | 8 | | entered or modified on or after the effective date of this | 9 | | amendatory Act of the 93rd General Assembly must contain a | 10 | | statement notifying the parties of the requirements of this | 11 | | paragraph. Failure to include the statement in the order for | 12 | | support does not affect the validity of the order or the | 13 | | operation of the provisions of this paragraph with regard to | 14 | | the order. This paragraph shall not be construed to prevent or | 15 | | affect the establishment or modification of an order for the | 16 | | support of a minor child or the establishment or modification | 17 | | of an order for the support of a non-minor child or educational | 18 | | expenses under Section 513 of the Illinois Marriage and | 19 | | Dissolution of Marriage Act.
| 20 | | (Source: P.A. 92-590, eff. 7-1-02; 92-876, eff. 6-1-03; | 21 | | 93-1061, eff. 1-1-05.)
| 22 | | (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
| 23 | | Sec. 10-10. Court enforcement; applicability also to | 24 | | persons who are
not applicants or recipients. Except where the | 25 | | Illinois Department, by
agreement, acts for the local |
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| 1 | | governmental unit, as provided in Section
10-3.1, local | 2 | | governmental units shall refer to the State's Attorney or
to | 3 | | the proper legal representative of the governmental unit, for
| 4 | | judicial enforcement as herein provided, instances of | 5 | | non-support or
insufficient support when the dependents are | 6 | | applicants or recipients
under Article VI. The Child and Spouse | 7 | | Support Unit
established by Section 10-3.1 may institute in | 8 | | behalf of the Illinois
Department any actions under this | 9 | | Section for judicial enforcement of
the support liability when | 10 | | the dependents are (a) applicants or
recipients under Articles | 11 | | III, IV, V or VII; (b) applicants or recipients
in a local | 12 | | governmental unit when the Illinois Department, by agreement,
| 13 | | acts for the unit; or (c) non-applicants or non-recipients who | 14 | | are
receiving child support enforcement services under this | 15 | | Article X, as
provided
in Section 10-1. Where the Child and | 16 | | Spouse Support Unit has exercised
its option and discretion not | 17 | | to apply the provisions of Sections 10-3 through
10-8, the | 18 | | failure by the Unit to apply such provisions shall not be a bar
| 19 | | to bringing an action under this Section.
| 20 | | Action shall be brought in the circuit court to obtain | 21 | | support, or
for the recovery of aid granted during the period | 22 | | such support was not
provided, or both for the obtainment of | 23 | | support and the recovery of the
aid provided. Actions for the | 24 | | recovery of aid may be taken separately
or they may be | 25 | | consolidated with actions to obtain support. Such
actions may | 26 | | be brought in the name of the person or persons requiring
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| 1 | | support, or may be brought in the name of the Illinois | 2 | | Department or the
local governmental unit, as the case | 3 | | requires, in behalf of such persons.
| 4 | | The court may enter such orders for the payment of moneys | 5 | | for the
support of the person as may be just and equitable and | 6 | | may direct
payment thereof for such period or periods of time | 7 | | as the circumstances
require, including support for a period | 8 | | before the date the order for support
is entered. The order may | 9 | | be entered against any or all of the defendant
responsible | 10 | | relatives and may be based upon the proportionate ability of
| 11 | | each to contribute to the person's support.
| 12 | | The Court shall determine the amount of child support | 13 | | (including child
support for a period before the date the order | 14 | | for child support is entered)
by
using the
guidelines and | 15 | | standards set forth in subsection (a) of Section 505 and in
| 16 | | Section 505.2 of the Illinois Marriage and Dissolution of | 17 | | Marriage Act.
For purposes of determining the amount of child | 18 | | support to be paid for a
period before the date the order for | 19 | | child support is entered, there is a
rebuttable
presumption | 20 | | that the responsible relative's net income for that period was | 21 | | the
same as his or her net income at the time the order is | 22 | | entered.
| 23 | | If (i) the responsible relative was properly served with a | 24 | | request for
discovery of
financial information relating to the | 25 | | responsible relative's ability to provide
child support, (ii)
| 26 | | the responsible relative failed to comply with the request, |
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| 1 | | despite having been
ordered to
do so by the court, and (iii) | 2 | | the responsible relative is not present at the
hearing to
| 3 | | determine support despite having received proper notice, then | 4 | | any relevant
financial
information concerning the responsible | 5 | | relative's ability to provide child
support
that was
obtained | 6 | | pursuant to subpoena and proper notice shall be admitted into | 7 | | evidence
without
the need to establish any further foundation | 8 | | for its admission.
| 9 | | An order entered under this Section shall include a | 10 | | provision requiring
the obligor to report to the obligee and to | 11 | | the clerk of court within 10 days
each time the obligor obtains | 12 | | new employment, and each time the obligor's
employment is | 13 | | terminated for any reason.
The report shall be in writing and | 14 | | shall, in the case of new employment,
include the name and | 15 | | address of the new employer.
Failure to report new employment | 16 | | or
the termination of current employment, if coupled with | 17 | | nonpayment of support
for a period in excess of 60 days, is | 18 | | indirect criminal contempt. For
any obligor arrested for | 19 | | failure to report new employment bond shall be set in
the | 20 | | amount of the child support that should have been paid during | 21 | | the period of
unreported employment. An order entered under | 22 | | this Section shall also include
a provision requiring the | 23 | | obligor and obligee parents to advise each other of a
change in | 24 | | residence within 5 days of the change
except when the court | 25 | | finds that the physical, mental, or emotional health
of a party | 26 | | or that of a minor child, or both, would be seriously |
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| 1 | | endangered by
disclosure of the party's address.
| 2 | | The Court shall determine the amount of maintenance using | 3 | | the standards
set forth in Section 504 of the Illinois Marriage | 4 | | and Dissolution of Marriage
Act.
| 5 | | Any new or existing support order entered by the court | 6 | | under this
Section shall be deemed to be a series of judgments | 7 | | against the person
obligated to pay support thereunder, each | 8 | | such judgment to be in the amount
of each payment or | 9 | | installment of support and each such judgment to be
deemed | 10 | | entered as of the date the corresponding payment or installment
| 11 | | becomes due under the terms of the support order. Each such | 12 | | judgment shall
have the full force, effect and attributes of | 13 | | any other judgment of this
State, including the ability to be | 14 | | enforced. Any such judgment is subject
to modification or | 15 | | termination only in accordance with Section 510 of the
Illinois | 16 | | Marriage and Dissolution of Marriage Act.
Interest shall accrue | 17 | | on support obligations as provided in Section 12-109 of the | 18 | | Code of Civil Procedure. A lien arises by operation of law | 19 | | against the real and personal property of
the noncustodial | 20 | | parent for each
installment of overdue support owed by the | 21 | | noncustodial parent.
| 22 | | When an order is entered for the support of a minor, the | 23 | | court may
provide therein for reasonable visitation of the | 24 | | minor by the person or
persons who provided support pursuant to | 25 | | the order. Whoever willfully
refuses to comply with such | 26 | | visitation order or willfully interferes
with its enforcement |
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| 1 | | may be declared in contempt of court and punished
therefor.
| 2 | | Except where the local governmental unit has entered into | 3 | | an
agreement with the Illinois Department for the Child and | 4 | | Spouse Support
Unit to act for it, as provided in Section | 5 | | 10-3.1, support orders
entered by the court in cases involving | 6 | | applicants or recipients under
Article VI shall provide that | 7 | | payments thereunder be made
directly to the local governmental | 8 | | unit. Orders for the support of all
other applicants or | 9 | | recipients shall provide that payments thereunder be
made | 10 | | directly to the Illinois Department.
In accordance with federal | 11 | | law and regulations, the Illinois Department may
continue to | 12 | | collect current maintenance payments or child support | 13 | | payments, or
both, after those persons cease to receive public | 14 | | assistance and until
termination of services under Article X. | 15 | | The Illinois Department shall pay the
net amount collected to | 16 | | those persons after deducting any costs incurred in
making
the | 17 | | collection or any collection fee from the amount of any | 18 | | recovery made. In both cases the order shall permit the local
| 19 | | governmental unit or the Illinois Department, as the case may | 20 | | be, to direct
the responsible relative or relatives to make | 21 | | support payments directly to
the needy person, or to some | 22 | | person or agency in his behalf, upon removal
of the person from | 23 | | the public aid rolls or upon termination of services under
| 24 | | Article X.
| 25 | | If the notice of support due issued pursuant to Section | 26 | | 10-7 directs
that support payments be made directly to the |
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| 1 | | needy person, or to some
person or agency in his behalf, and | 2 | | the recipient is removed from the
public aid rolls, court | 3 | | action may be taken against the responsible
relative hereunder | 4 | | if he fails to furnish support in accordance with the
terms of | 5 | | such notice.
| 6 | | Actions may also be brought under this Section in behalf of | 7 | | any
person who is in need of support from responsible | 8 | | relatives, as defined
in Section 2-11 of Article II who is not | 9 | | an applicant for or recipient
of financial aid under this Code. | 10 | | In such instances, the State's
Attorney of the county in which | 11 | | such person resides shall bring action
against the responsible | 12 | | relatives hereunder. If the Illinois
Department, as authorized | 13 | | by Section 10-1, extends the child support
enforcement
services
| 14 | | provided by this Article to spouses and dependent children who | 15 | | are not
applicants or recipients under this Code, the Child and | 16 | | Spouse Support
Unit established by Section 10-3.1 shall bring | 17 | | action against the
responsible relatives hereunder and any | 18 | | support orders entered by the
court in such cases shall provide | 19 | | that payments thereunder be made
directly to the Illinois | 20 | | Department.
| 21 | | Whenever it is determined in a proceeding to establish or | 22 | | enforce a child
support or maintenance obligation that the | 23 | | person owing a duty of support
is unemployed, the court may | 24 | | order the person to seek employment and report
periodically to | 25 | | the court with a diary, listing or other memorandum of his
or | 26 | | her efforts in accordance with such order. Additionally, the |
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| 1 | | court may
order the unemployed person to report to the | 2 | | Department of Employment
Security for job search services or to | 3 | | make application with the local Job
Training Partnership Act | 4 | | provider for participation in job search,
training or work | 5 | | programs and where the duty of support is owed to a child
| 6 | | receiving child support enforcement services under this | 7 | | Article X, the
court may
order the
unemployed person to report | 8 | | to the Illinois Department for participation
in job search, | 9 | | training or work programs established under Section 9-6 and
| 10 | | Article IXA of this Code.
| 11 | | Whenever it is determined that a person owes past-due | 12 | | support for a child
receiving assistance under this Code, the | 13 | | court shall order at the request of
the Illinois Department:
| 14 | | (1) that the person pay the past-due support in | 15 | | accordance with a plan
approved by the court; or
| 16 | | (2) if the person owing past-due support is unemployed, | 17 | | is subject to
such a plan, and is not incapacitated, that | 18 | | the person participate in such job
search, training, or | 19 | | work programs established under Section 9-6 and Article
IXA | 20 | | of this Code as the court deems appropriate.
| 21 | | A determination under this Section shall not be | 22 | | administratively
reviewable by the procedures specified in | 23 | | Sections 10-12, and 10-13 to
10-13.10. Any determination under | 24 | | these Sections, if made the basis of
court action under this | 25 | | Section, shall not affect the de novo judicial
determination | 26 | | required under this Section.
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| 1 | | A one-time charge of 20% is imposable upon the amount of | 2 | | past-due child
support owed on July 1, 1988 which has accrued | 3 | | under a support order
entered by the court. The charge shall be | 4 | | imposed in accordance with the
provisions of Section 10-21 of | 5 | | this Code and shall be enforced by the court
upon petition.
| 6 | | All orders for support, when entered or modified, shall
| 7 | | include a provision requiring the non-custodial parent to | 8 | | notify the court and,
in cases in which a party is receiving | 9 | | child support
enforcement services under
this Article X, the | 10 | | Illinois Department, within 7 days, (i) of the name,
address, | 11 | | and telephone number of any new employer of the non-custodial | 12 | | parent,
(ii) whether the non-custodial parent has access to | 13 | | health insurance coverage
through the employer or other group | 14 | | coverage and, if so, the policy name and
number and the names | 15 | | of persons covered under
the policy, and (iii) of any new | 16 | | residential or mailing address or telephone
number of the | 17 | | non-custodial parent. In any subsequent action to enforce a
| 18 | | support order, upon a sufficient showing that a diligent effort | 19 | | has been made
to ascertain the location of the non-custodial | 20 | | parent, service of process or
provision of notice necessary in | 21 | | the case may be made at the last known
address of the | 22 | | non-custodial parent in any manner expressly provided by the
| 23 | | Code of Civil Procedure or this Code, which service shall be | 24 | | sufficient for
purposes of due process.
| 25 | | An order for support shall include a date on which the | 26 | | current support
obligation terminates. The termination date |
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| 1 | | shall be no earlier than the
date on which the child covered by | 2 | | the order will attain the age of
18. However, if the child will | 3 | | not graduate from high school until after
attaining the age
of | 4 | | 18, then the termination date shall be no earlier than the | 5 | | earlier of the
date on which
the child's high school graduation | 6 | | will occur or the date on which the child
will attain the
age | 7 | | of 19. The order for support shall state
that the termination | 8 | | date does not apply to
any arrearage that may remain unpaid on | 9 | | that date. Nothing in this paragraph
shall be construed to | 10 | | prevent the court from modifying the order or terminating
the | 11 | | order in the event the child is otherwise emancipated.
| 12 | | If there is an unpaid arrearage or delinquency (as those | 13 | | terms are defined in the Income Withholding for Support Act) | 14 | | equal to at least one month's support obligation on the | 15 | | termination date stated in the order for support or, if there | 16 | | is no termination date stated in the order, on the date the | 17 | | child attains the age of majority or is otherwise emancipated, | 18 | | then the periodic amount required to be paid for current | 19 | | support of that child immediately prior to that date shall | 20 | | automatically continue to be an obligation, not as current | 21 | | support but as periodic payment toward satisfaction of the | 22 | | unpaid arrearage or delinquency. That periodic payment shall be | 23 | | in addition to any periodic payment previously required for | 24 | | satisfaction of the arrearage or delinquency. The total | 25 | | periodic amount to be paid toward satisfaction of the arrearage | 26 | | or delinquency may be enforced and collected by any method |
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| 1 | | provided by law for the enforcement and collection of child | 2 | | support, including but not limited to income withholding under | 3 | | the Income Withholding for Support Act. Each order for support | 4 | | entered or modified on or after the effective date of this | 5 | | amendatory Act of the 93rd General Assembly must contain a | 6 | | statement notifying the parties of the requirements of this | 7 | | paragraph. Failure to include the statement in the order for | 8 | | support does not affect the validity of the order or the | 9 | | operation of the provisions of this paragraph with regard to | 10 | | the order. This paragraph shall not be construed to prevent or | 11 | | affect the establishment or modification of an order for the | 12 | | support of a minor child or the establishment or modification | 13 | | of an order for the support of a non-minor child or educational | 14 | | expenses under Section 513 of the Illinois Marriage and | 15 | | Dissolution of Marriage Act.
| 16 | | Payments under this Section to the Illinois Department | 17 | | pursuant to the
Child Support Enforcement Program established | 18 | | by Title IV-D of the Social
Security Act shall be paid into the | 19 | | Child Support Enforcement Trust Fund.
All payments under this | 20 | | Section to the Illinois Department of Human
Services shall be | 21 | | deposited in the DHS Recoveries
Trust Fund. Disbursements from | 22 | | these funds shall be as provided in Sections
12-9.1 and 12-10.2 | 23 | | of this Code. Payments received by a local
governmental unit | 24 | | shall be deposited in that unit's General Assistance Fund.
| 25 | | To the extent the provisions of this Section are | 26 | | inconsistent with the
requirements pertaining to the State |
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| 1 | | Disbursement Unit under Sections 10-10.4
and 10-26 of this | 2 | | Code, the requirements pertaining to the State Disbursement
| 3 | | Unit shall apply.
| 4 | | (Source: P.A. 94-88, eff. 1-1-06; 95-331, eff. 8-21-07.)
| 5 | | (305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
| 6 | | Sec. 10-11. Administrative Orders. In lieu of actions for | 7 | | court
enforcement of support under Section 10-10, the Child and | 8 | | Spouse Support
Unit of the Illinois Department, in accordance | 9 | | with the rules of the
Illinois Department, may issue an | 10 | | administrative order requiring the
responsible relative to | 11 | | comply with the terms of the determination and
notice of | 12 | | support due, determined and issued under Sections 10-6 and | 13 | | 10-7.
The Unit may also enter an administrative order under | 14 | | subsection (b) of
Section 10-7. The administrative order shall | 15 | | be served upon the
responsible relative by United States | 16 | | registered or certified mail.
In cases in which the responsible | 17 | | relative appeared at the office of the
Child
and Spouse Support | 18 | | Unit in response to the notice of support obligation
issued | 19 | | under Section 10-4, however, or in cases of default in which | 20 | | the notice
was served on the responsible relative by certified | 21 | | mail, return receipt
requested, or by
any
method provided by | 22 | | law for service of summons, the administrative
determination of | 23 | | paternity or administrative support order may be sent to the
| 24 | | responsible relative by ordinary mail addressed to the | 25 | | responsible relative's
last known address.
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| 1 | | If a responsible relative or a person receiving child | 2 | | support
enforcement services under this Article fails to | 3 | | petition the Illinois
Department for
release from or | 4 | | modification of the administrative order, as provided in
| 5 | | Section 10-12 or Section 10-12.1, the order shall become final | 6 | | and there
shall be no further
administrative or judicial | 7 | | remedy. Likewise a decision by the Illinois
Department as a | 8 | | result of an administrative hearing, as provided in
Sections | 9 | | 10-13 to 10-13.10, shall become final and enforceable if not
| 10 | | judicially reviewed under the Administrative Review Law, as | 11 | | provided in
Section 10-14.
| 12 | | Any new or existing support order entered by the Illinois | 13 | | Department
under this Section shall be deemed to be a series of | 14 | | judgments against the
person obligated to pay support | 15 | | thereunder, each such judgment to be in the
amount of each | 16 | | payment or installment of support and each such judgment to
be | 17 | | deemed entered as of the date the corresponding payment or | 18 | | installment
becomes due under the terms of the support order. | 19 | | Each such judgment
shall have the full force, effect and | 20 | | attributes of any other judgment of
this State, including the | 21 | | ability to be enforced. Any such judgment is
subject to | 22 | | modification or termination only in accordance with Section 510
| 23 | | of the Illinois Marriage and Dissolution of Marriage Act.
| 24 | | Interest shall accrue on support obligations as provided in | 25 | | Section 12-109 of the Code of Civil Procedure. A lien arises by | 26 | | operation of law against the real and personal property of
the |
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| 1 | | noncustodial parent for each
installment of overdue support | 2 | | owed by the noncustodial parent.
| 3 | | An order for support shall include a date on which the | 4 | | current support obligation terminates. The termination date | 5 | | shall be no earlier than the date on which the child covered by | 6 | | the order will attain the age of majority or is otherwise | 7 | | emancipated. The order for support shall state that the | 8 | | termination date does not apply to any arrearage that may | 9 | | remain unpaid on that date. Nothing in this paragraph shall be | 10 | | construed to prevent modification of the order by the | 11 | | Department. | 12 | | If there is an unpaid arrearage or delinquency (as those | 13 | | terms are defined in the Income Withholding for Support Act) | 14 | | equal to at least one month's support obligation on the | 15 | | termination date stated in the order for support or, if there | 16 | | is no termination date stated in the order, on the date the | 17 | | child attains the age of majority or is otherwise emancipated, | 18 | | then the periodic amount required to be paid for current | 19 | | support of that child immediately prior to that date shall | 20 | | automatically continue to be an obligation, not as current | 21 | | support but as periodic payment toward satisfaction of the | 22 | | unpaid arrearage or delinquency. That periodic payment shall be | 23 | | in addition to any periodic payment previously required for | 24 | | satisfaction of the arrearage or delinquency. The total | 25 | | periodic amount to be paid toward satisfaction of the arrearage | 26 | | or delinquency may be enforced and collected by any method |
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| 1 | | provided by law for the enforcement and collection of child | 2 | | support, including but not limited to income withholding under | 3 | | the Income Withholding for Support Act. Each order for support | 4 | | entered or modified on or after the effective date of this | 5 | | amendatory Act of the 93rd General Assembly must contain a | 6 | | statement notifying the parties of the requirements of this | 7 | | paragraph. Failure to include the statement in the order for | 8 | | support does not affect the validity of the order or the | 9 | | operation of the provisions of this paragraph with regard to | 10 | | the order. This paragraph shall not be construed to prevent or | 11 | | affect the establishment or modification of an order for the | 12 | | support of a minor child or the establishment or modification | 13 | | of an order for the support of a non-minor child or educational | 14 | | expenses under Section 513 of the Illinois Marriage and | 15 | | Dissolution of Marriage Act.
| 16 | | An order for support shall include a date on which the | 17 | | support obligation
terminates. The termination date shall be no | 18 | | earlier than the date on which
the child covered by the order | 19 | | will attain the age of 18. However, if the
child will not | 20 | | graduate from high school until after attaining the age of 18,
| 21 | | then the termination date shall be no earlier than the earlier | 22 | | of the date that
the child's graduation will occur or the date | 23 | | on which the child will attain
the age of 19. The order for | 24 | | support shall state that the termination date
does not apply to | 25 | | any arrearage that may remain unpaid on that date. Nothing
in | 26 | | this paragraph shall be construed to prevent the Illinois |
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| 1 | | Department from
modifying the order or terminating the order in | 2 | | the event the child is
otherwise emancipated.
| 3 | | (Source: P.A. 92-590, eff. 7-1-02; 92-876, eff. 6-1-03; | 4 | | 93-1061, eff. 1-1-05.)
| 5 | | (305 ILCS 5/10-15.1 new) | 6 | | Sec. 10-15.1. Judicial registration of administrative
| 7 | | support orders. | 8 | | (a) A final administrative support order established by the
| 9 | | Illinois Department under this Article X may be registered in
| 10 | | the appropriate circuit court of this State by the Department
| 11 | | or by a party to the order by filing: | 12 | | (1) Two copies, including one certified copy of the
| 13 | | order to be registered, any modification of the | 14 | | administrative
support order, any voluntary acknowledgment | 15 | | of paternity
pertaining to the child covered by the order, | 16 | | and the documents
showing service of the notice of support | 17 | | obligation that commenced
the procedure for establishment | 18 | | of the administrative support
order pursuant to Section | 19 | | 10-4 of this Code. | 20 | | (2) A sworn statement by the person requesting
| 21 | | registration or a certified copy of the Department payment
| 22 | | record showing the amount of any past due support accrued
| 23 | | under the administrative support order. | 24 | | (3) The name of the obligor and, if known, the
| 25 | | obligor's address and social security number. |
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| 1 | | (4) The name of the obligee and the obligee's address,
| 2 | | unless the obligee alleges in an affidavit or pleading
| 3 | | under oath that the health, safety, or liberty of the
| 4 | | obligee or child would be jeopardized by disclosure of
| 5 | | specific identifying information, in which case that
| 6 | | information must be sealed and may not be disclosed to the
| 7 | | other party or public. After a hearing in which the court
| 8 | | takes into consideration the health, safety, or liberty of
| 9 | | the party or child, the court may order disclosure of
| 10 | | information that the court determines to be in the interest
| 11 | | of justice. | 12 | | (b) The filing of an administrative support order under
| 13 | | Subsection (a) constitutes registration with the circuit
| 14 | | court. | 15 | | (c) A petition or comparable pleading seeking a remedy that
| 16 | | must be affirmatively sought under other law of this State may
| 17 | | be filed at the same time as the request for registration or
| 18 | | later. The pleading must specify the grounds for the remedy
| 19 | | sought. | 20 | | (d) When an administrative support order is registered, the | 21 | | court shall notify the nonregistering party and the Illinois
| 22 | | Department, unless the Department is requesting registration
| 23 | | of its order. The notice, which shall be served on the
| 24 | | nonregistering party by any method provided by law for service
| 25 | | of a summons, must be accompanied by a copy of the
registered | 26 | | administrative support order and the documents and
relevant |
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| 1 | | information accompanying the order. | 2 | | (e) A notice of registration of an administrative support
| 3 | | order must provide the following information: | 4 | | (1) That a registered administrative order is
| 5 | | enforceable in the same manner as an order for support
| 6 | | issued by the circuit court. | 7 | | (2) That a hearing to contest enforcement of the
| 8 | | registered administrative support order must be requested
| 9 | | within 30 days after the date of service of the notice. | 10 | | (3) That failure to contest, in a timely manner, the
| 11 | | enforcement of the registered administrative
support order | 12 | | shall result in confirmation of the order and
enforcement | 13 | | of the order and the alleged arrearages and
precludes | 14 | | further contest of that order with respect to any
matter | 15 | | that could have been asserted. | 16 | | (4) The amount of any alleged arrearages. | 17 | | (f) A nonregistering party seeking to contest enforcement
| 18 | | of a registered administrative support order shall request
a | 19 | | hearing within 30 days after the date of service
of notice of | 20 | | the registration. The nonregistering party may
seek to vacate | 21 | | the registration, to assert any defense to an
allegation of | 22 | | noncompliance with the registered administrative
support | 23 | | order, or to contest the remedies being sought or the
amount of | 24 | | any alleged arrearages. | 25 | | (g) If the nonregistering party fails to contest the
| 26 | | enforcement of the registered administrative
support order in a |
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| 1 | | timely manner, the order shall be confirmed
by operation of | 2 | | law. | 3 | | (h) If a nonregistering party requests a hearing to contest
| 4 | | the enforcement of the registered administrative
support | 5 | | order, the circuit court shall schedule the matter for
hearing | 6 | | and give notice to the parties and the Illinois
Department of | 7 | | the date, time, and place of the hearing. | 8 | | (i) A party contesting the enforcement of a registered | 9 | | administrative support order or seeking to vacate
the | 10 | | registration has the burden of proving one or more of the
| 11 | | following defenses: | 12 | | (1) The Illinois Department lacked personal
| 13 | | jurisdiction over the contesting party. | 14 | | (2) The administrative support order was obtained by
| 15 | | fraud. | 16 | | (3) The administrative support order has been vacated,
| 17 | | suspended, or modified by a later order. | 18 | | (4) The Illinois Department has stayed the
| 19 | | administrative support order pending appeal. | 20 | | (5) There is a defense under the law to the remedy | 21 | | sought. | 22 | | (6) Full or partial payment has been made. | 23 | | (j) If a party presents evidence establishing a full or
| 24 | | partial payment defense under subsection (i), the court may
| 25 | | stay enforcement of the registered order, continue the
| 26 | | proceeding to permit production of additional relevant
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| 1 | | evidence, and issue other appropriate orders. An uncontested
| 2 | | portion of the registered administrative support order may be
| 3 | | enforced by all remedies available under State law. | 4 | | (k) If a contesting party does not establish a defense
| 5 | | under subsection (i) to the enforcement of the
administrative | 6 | | support order, the court shall issue an order
confirming the | 7 | | administrative support order. Confirmation of
the registered | 8 | | administrative support order, whether by operation of law or | 9 | | after notice and hearing, precludes further
contest of the | 10 | | order with respect to any matter that could have
been asserted | 11 | | at the time of registration. Upon confirmation,
the registered | 12 | | administrative support order shall be treated in
the same | 13 | | manner as a support order entered by the circuit court,
| 14 | | including the ability of the court to entertain a petition to
| 15 | | modify the administrative support order due to a substantial
| 16 | | change in circumstances, or petitions for visitation or custody
| 17 | | of the child or children covered by the administrative support
| 18 | | order. Nothing in this Section shall be construed to alter the
| 19 | | effect of a final administrative support order, or the | 20 | | restriction
of judicial review of such a final order to the | 21 | | provisions of the
Administrative Review Law, as provided in | 22 | | Section 10-11 of this Code. | 23 | | (305 ILCS 5/10-16.5a new) | 24 | | Sec. 10-16.5a. No enforcement of interest on support | 25 | | obligations. Beginning on the effective date of this amendatory |
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| 1 | | Act of the 97th General Assembly, and notwithstanding any other | 2 | | law to the contrary, the Illinois Department shall have no | 3 | | further duty or authority to enforce and collect interest | 4 | | accrued on support obligations established under this Code or | 5 | | under any other law, including any interest on support accrued | 6 | | and deemed to have been assigned to the State under previous | 7 | | law.
| 8 | | (305 ILCS 5/10-17.1) (from Ch. 23, par. 10-17.1)
| 9 | | Sec. 10-17.1. Administrative Order by Registration. The | 10 | | Illinois
Department may provide by rule for the administrative | 11 | | registration of a
support order
entered by a court or | 12 | | administrative body of another
state.
The purpose of | 13 | | registration shall be to enforce or modify the order in
| 14 | | accordance with the provisions of the Uniform Interstate Family | 15 | | Support
Act. Upon
registration, such support order shall become | 16 | | an administrative order of
the Child and Spouse Support Unit by | 17 | | operation of law. The rule shall
provide for notice to and an | 18 | | opportunity to be heard by the responsible
relative and | 19 | | custodial parent affected, and any final administrative
| 20 | | decision rendered by the
Department shall be reviewed only | 21 | | under and in accordance with the
Administrative Review Law.
| 22 | | Any new or existing support order registered by the | 23 | | Illinois Department
under this Section shall be deemed to be a | 24 | | series of judgments against the
person obligated to pay support | 25 | | thereunder, each such judgment to be in the
amount of each |
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| 1 | | payment or installment of support and each such judgment to
be | 2 | | deemed entered as of the date the corresponding payment or | 3 | | installment
becomes due under the terms of the support order. | 4 | | Each such judgment
shall be
enforceable in the same manner as | 5 | | any other judgment in this State.
Interest shall accrue on | 6 | | support obligations as provided in Section 12-109 of the Code | 7 | | of Civil Procedure. A lien arises by operation of law against | 8 | | the real and personal property of
the noncustodial parent for | 9 | | each
installment of overdue support owed by the noncustodial | 10 | | parent.
| 11 | | A one-time charge of 20% is imposable upon the amount of | 12 | | past-due child
support owed on July 1, 1988, which has accrued | 13 | | under a support order
registered by the Illinois Department | 14 | | under this Section. The charge shall
be imposed in accordance | 15 | | with the provisions of Section 10-21 and shall be
enforced by | 16 | | the court in a suit filed under Section 10-15.
| 17 | | (Source: P.A. 90-18, eff. 7-1-97; 90-790, eff. 8-14-98.)
| 18 | | (305 ILCS 5/10-16.5 rep.) | 19 | | Section 7. The Illinois Public Aid Code is amended by | 20 | | repealing Section 10-16.5. | 21 | | Section 10. The Code of Civil Procedure is amended by | 22 | | changing Section 12-109 as follows:
| 23 | | (735 ILCS 5/12-109) (from Ch. 110, par. 12-109)
|
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| 1 | | Sec. 12-109. Interest on judgments. | 2 | | (a) Every judgment except those
arising by operation of law | 3 | | from child support orders shall bear interest
thereon as | 4 | | provided in Section 2-1303. | 5 | | (b) Every judgment arising by operation of law from a | 6 | | support order and judgments for retroactive support shall bear | 7 | | interest as provided in this subsection. The interest on | 8 | | judgments arising by operation of law from support orders and | 9 | | judgments for retroactive support shall be calculated by | 10 | | applying one-twelfth of the current statutory interest rate as | 11 | | provided in Section 2-1303 to the unpaid balances, as of the | 12 | | end of the calendar month, of arrearages and any judgments for | 13 | | retroactive support as previously determined by the court and | 14 | | incorporated into an order for support. Interest on such court | 15 | | determinations of arrearages and judgments for retroactive | 16 | | support shall commence accrual starting at the end of the month | 17 | | after the month in which the court's order was entered. The | 18 | | accrued interest shall not be included in the unpaid support | 19 | | balances when calculating interest at the end of the month. The | 20 | | unpaid support balances of arrearages and any judgments for | 21 | | retroactive support as of the end of each month shall be | 22 | | determined by applying all payments received for the month as | 23 | | follows: first, to the total monthly current support | 24 | | obligation; second, to any delinquency that has accrued since | 25 | | the last order for support was entered; third, to any unpaid | 26 | | arrearages and balances on any judgments for retroactive |
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| 1 | | support; and fourth, to any accrued interest. Federal income | 2 | | tax refund intercepts shall be applied in accordance with | 3 | | federal law and regulation. The terms "arrearage" and | 4 | | "delinquency" are defined as provided in the Income Withholding | 5 | | for Support Act. Every judgment arising by
operation of law | 6 | | from a child support order shall bear interest as provided
in | 7 | | this subsection. The interest on judgments arising by operation | 8 | | of law from child support orders shall be calculated by | 9 | | applying one-twelfth of the current statutory interest rate as | 10 | | provided in Section 2-1303 to the unpaid child support balance | 11 | | as of the end of each calendar month. The unpaid child support | 12 | | balance at the end of the month is the total amount of child | 13 | | support ordered, excluding the child support that was due for | 14 | | that month to the extent that it was not paid in that month and | 15 | | including judgments for retroactive child support, less all | 16 | | payments received and applied as set forth in this subsection. | 17 | | The accrued interest shall not be included in the unpaid child | 18 | | support balance when calculating interest at the end of the | 19 | | month. The unpaid child support balance as of the end of each | 20 | | month shall be determined by calculating the current monthly | 21 | | child support obligation and applying all payments received for | 22 | | that month, except federal income tax refund intercepts, first | 23 | | to the current monthly child support obligation and then | 24 | | applying any payments in excess of the current monthly child | 25 | | support obligation to the unpaid child support balance owed | 26 | | from previous months. The current monthly child support |
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| 1 | | obligation shall be determined from the document that | 2 | | established the support obligation. Federal income tax refund | 3 | | intercepts and any payments in excess of the current monthly | 4 | | child support obligation shall be applied to the unpaid child | 5 | | support balance. Any payments in excess of the current monthly | 6 | | child support obligation and the unpaid child support balance | 7 | | shall be applied to the accrued interest on the unpaid child | 8 | | support balance. Interest on child support obligations may be | 9 | | collected by any means available under federal and State laws, | 10 | | rules, and regulations providing for the collection of child | 11 | | support.
| 12 | | (Source: P.A. 94-90, eff. 1-1-06.)
| 13 | | Section 15. The Illinois Marriage and Dissolution of | 14 | | Marriage Act is amended by changing Sections 504 and 505 as | 15 | | follows:
| 16 | | (750 ILCS 5/504) (from Ch. 40, par. 504)
| 17 | | Sec. 504. Maintenance.
| 18 | | (a) In a proceeding for dissolution of marriage or legal | 19 | | separation or
declaration of invalidity of marriage, or a | 20 | | proceeding for maintenance
following dissolution of the | 21 | | marriage by a court which lacked personal
jurisdiction over the | 22 | | absent spouse, the court may grant a temporary or
permanent | 23 | | maintenance award for either spouse in amounts and for periods | 24 | | of
time as the court deems just, without regard to marital |
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| 1 | | misconduct, in
gross or for fixed or indefinite periods of | 2 | | time, and the maintenance may
be paid from the income or | 3 | | property of the other spouse after consideration
of all | 4 | | relevant factors, including:
| 5 | | (1) the income and property of each party, including | 6 | | marital property
apportioned and non-marital property | 7 | | assigned to the party seeking maintenance;
| 8 | | (2) the needs of each party;
| 9 | | (3) the present and future earning capacity of each | 10 | | party;
| 11 | | (4) any impairment of the present and future earning | 12 | | capacity of the
party seeking maintenance due to that party | 13 | | devoting time to domestic
duties or having forgone or | 14 | | delayed education, training,
employment, or
career | 15 | | opportunities due to the marriage;
| 16 | | (5) the time necessary to enable the party seeking | 17 | | maintenance to
acquire appropriate education, training, | 18 | | and employment, and whether that
party is able to support | 19 | | himself or herself through appropriate employment
or is the | 20 | | custodian of a child making it appropriate that the | 21 | | custodian not
seek employment;
| 22 | | (6) the standard of living established during the | 23 | | marriage;
| 24 | | (7) the duration of the marriage;
| 25 | | (8) the age and the physical and emotional condition of
| 26 | | both parties;
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| 1 | | (9) the tax consequences of the property division upon | 2 | | the respective
economic circumstances of the parties;
| 3 | | (10) contributions and services by the party seeking | 4 | | maintenance to
the education, training, career or career | 5 | | potential, or license of the
other spouse;
| 6 | | (11) any valid agreement of the parties; and
| 7 | | (12) any other factor that the court expressly finds to | 8 | | be just and
equitable.
| 9 | | (b) (Blank).
| 10 | | (b-5) Any maintenance obligation including any unallocated | 11 | | maintenance and child support obligation, or any portion of any | 12 | | support obligation, that becomes due and remains unpaid shall | 13 | | accrue simple interest as set forth in Section 505 of this Act.
| 14 | | (b-7) Any new or existing maintenance order including any | 15 | | unallocated maintenance and child support order entered by the | 16 | | court under this Section shall be deemed to be a series of | 17 | | judgments against the person obligated to pay support | 18 | | thereunder. Each such judgment to be in the amount of each | 19 | | payment or installment of support and each such judgment to be | 20 | | deemed entered as of the date the corresponding payment or | 21 | | installment becomes due under the terms of the support order, | 22 | | except no judgment shall arise as to any installment coming due | 23 | | after the termination of maintenance as provided by Section 510 | 24 | | of the Illinois Marriage and Dissolution of Marriage Act or the | 25 | | provisions of any order for maintenance. Each such judgment | 26 | | shall have the full force, effect and attributes of any other |
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| 1 | | judgment of this State, including the ability to be enforced. | 2 | | Interest shall accrue on maintenance obligations including | 3 | | unallocated maintenance and child support obligations as | 4 | | provided in Section 12-109 of the Code of Civil Procedure. A | 5 | | lien arises by operation of law against the real and personal | 6 | | property of the obligor for each installment of overdue support | 7 | | owed by the obligor. | 8 | | (c) The court may grant and enforce the payment of | 9 | | maintenance during
the pendency of an appeal as the court shall | 10 | | deem reasonable and proper.
| 11 | | (d) No maintenance shall accrue during the period in which | 12 | | a party is
imprisoned for failure to comply with the court's | 13 | | order for the payment of
such maintenance.
| 14 | | (e) When maintenance is to be paid through the clerk of the | 15 | | court in a
county of 1,000,000 inhabitants or less, the order | 16 | | shall direct the obligor
to pay to the clerk, in addition to | 17 | | the maintenance payments, all fees
imposed by the county board | 18 | | under paragraph (3) of subsection (u) of
Section 27.1 of the | 19 | | Clerks of Courts Act. Unless paid in cash or pursuant
to an | 20 | | order for withholding, the payment of the fee shall be by a | 21 | | separate
instrument from the support payment and shall be made | 22 | | to the order of
the Clerk.
| 23 | | (Source: P.A. 94-89, eff. 1-1-06.)
| 24 | | (750 ILCS 5/505) (from Ch. 40, par. 505)
| 25 | | Sec. 505. Child support; contempt; penalties.
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| 1 | | (a) In a proceeding for dissolution of marriage, legal | 2 | | separation,
declaration of invalidity of marriage, a | 3 | | proceeding for child support
following dissolution of the | 4 | | marriage by a court which lacked personal
jurisdiction over the | 5 | | absent spouse, a proceeding for modification of a
previous | 6 | | order for child support under Section 510 of this Act, or any
| 7 | | proceeding authorized under Section 501 or 601 of this Act, the | 8 | | court may
order either or both parents owing a duty of support | 9 | | to a child of the
marriage to pay an amount reasonable and | 10 | | necessary for his support, without
regard to marital | 11 | | misconduct. The duty of support owed to a child
includes the | 12 | | obligation to provide for the reasonable and necessary
| 13 | | physical, mental and emotional health needs of the child.
For | 14 | | purposes of this Section, the term "child" shall include any | 15 | | child under
age 18 and
any child under age 19 who is still | 16 | | attending high school.
| 17 | | (1) The Court shall determine the minimum amount of | 18 | | support by using the
following guidelines:
|
|
19 | | Number of Children |
Percent of Supporting Party's |
|
20 | | |
Net Income |
|
21 | | 1 |
20% |
|
22 | | 2 |
28% |
|
23 | | 3 |
32% |
|
24 | | 4 |
40% |
|
25 | | 5 |
45% |
|
26 | | 6 or more |
50% |
|
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| 1 | | (2) The above guidelines shall be applied in each case | 2 | | unless the court
makes a finding that application of the | 3 | | guidelines would be
inappropriate, after considering the | 4 | | best interests of the child in light of
evidence including | 5 | | but not limited to one or more of the following relevant
| 6 | | factors:
| 7 | | (a) the financial resources and needs of the child;
| 8 | | (b) the financial resources and needs of the | 9 | | custodial parent;
| 10 | | (c) the standard of living the child would have | 11 | | enjoyed had the
marriage not been dissolved;
| 12 | | (d) the physical and emotional condition of the | 13 | | 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 court's | 17 | | finding
shall state the amount of support that would have | 18 | | been required under the
guidelines, if determinable. The | 19 | | court shall include the reason or reasons for
the variance | 20 | | from the
guidelines.
| 21 | | (3) "Net income" is defined as the total of all income | 22 | | 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);
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| 1 | | (c) Social Security (FICA payments);
| 2 | | (d) Mandatory retirement contributions required by | 3 | | law or as a
condition of employment;
| 4 | | (e) Union dues;
| 5 | | (f) Dependent and individual | 6 | | health/hospitalization insurance premiums;
| 7 | | (g) Prior obligations of support or maintenance | 8 | | actually paid pursuant
to a court order;
| 9 | | (h) Expenditures for repayment of debts that | 10 | | represent reasonable and
necessary expenses for the | 11 | | production of income, medical expenditures
necessary | 12 | | to preserve life or health, reasonable expenditures | 13 | | for the
benefit of the child and the other parent, | 14 | | exclusive of gifts. The court
shall reduce net income | 15 | | in determining the minimum amount of support to be
| 16 | | ordered only for the period that such payments are due | 17 | | and shall enter an
order containing provisions for its | 18 | | self-executing modification upon
termination of such | 19 | | payment period;
| 20 | | (i) Foster care payments paid by the Department of | 21 | | Children and Family Services for providing licensed | 22 | | foster care to a foster child.
| 23 | | (4) In cases where the court order provides for
| 24 | | health/hospitalization insurance coverage pursuant to | 25 | | Section 505.2 of
this Act, the premiums for that insurance, | 26 | | or that portion of the premiums
for which the supporting |
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| 1 | | party is responsible in the case of insurance
provided | 2 | | through an employer's health insurance plan where
the | 3 | | employer pays a portion of the premiums, shall be | 4 | | subtracted
from net income in determining the minimum | 5 | | amount of support to be ordered.
| 6 | | (4.5) In a proceeding for child support following | 7 | | dissolution of the
marriage by a court that lacked personal | 8 | | jurisdiction over the absent spouse,
and in which the court | 9 | | is requiring payment of support for the period before
the | 10 | | date an order for current support is entered, there is a | 11 | | rebuttable
presumption
that the supporting party's net | 12 | | income for the prior period was the same as his
or her net | 13 | | income at the time the order for current support is | 14 | | entered.
| 15 | | (5) If the net income cannot be determined because of | 16 | | default or any
other reason, the court shall order support | 17 | | in an amount considered
reasonable in the particular case. | 18 | | The final order in all cases shall
state the support level | 19 | | in dollar amounts.
However, if the
court finds that the | 20 | | child support amount cannot be expressed exclusively as a
| 21 | | dollar amount because all or a portion of the payor's net | 22 | | income is uncertain
as to source, time of payment, or | 23 | | amount, the court may order a percentage
amount of support | 24 | | in addition to a specific dollar amount and enter
such | 25 | | other orders as may be necessary to determine and enforce, | 26 | | on a timely
basis, the applicable support ordered.
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| 1 | | (6) If (i) the non-custodial parent was properly served | 2 | | with a request
for
discovery of financial information | 3 | | relating to the non-custodial parent's
ability to
provide | 4 | | child support, (ii) the non-custodial parent failed to | 5 | | comply with the
request,
despite having been ordered to do | 6 | | so by the court, and (iii) the non-custodial
parent is not | 7 | | present at the hearing to determine support despite having
| 8 | | received
proper notice, then any relevant financial | 9 | | information concerning the
non-custodial parent's ability | 10 | | to provide child support that was obtained
pursuant to
| 11 | | subpoena and proper notice shall be admitted into evidence | 12 | | without the need to
establish any further foundation for | 13 | | its admission.
| 14 | | (a-5) In an action to enforce an order for support based on | 15 | | the
respondent's failure
to make support payments as required | 16 | | by the order, notice of proceedings to
hold the respondent in | 17 | | contempt for that failure may be served on the
respondent by | 18 | | personal service or by regular mail addressed to the | 19 | | respondent's
last known address. The respondent's last known | 20 | | address may be determined from
records of the clerk of the | 21 | | court, from the Federal Case Registry of Child
Support Orders, | 22 | | or by any other reasonable means.
| 23 | | (b) Failure of either parent to comply with an order to pay | 24 | | support shall
be punishable as in other cases of contempt. In | 25 | | addition to other
penalties provided by law the Court may, | 26 | | after finding the parent guilty
of contempt, order that the |
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| 1 | | 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 not | 5 | | to exceed 6
months; provided, however, that the Court may | 6 | | permit the parent to be
released for periods of time during | 7 | | 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 earnings | 12 | | of a parent
during a sentence of periodic imprisonment paid to | 13 | | the Clerk of the Circuit
Court or to the parent having custody | 14 | | or to the guardian having custody
of the children of the | 15 | | sentenced parent for the support of said
children until further | 16 | | order of the Court.
| 17 | | If there is a unity of interest and ownership sufficient to | 18 | | render no
financial separation between a non-custodial parent | 19 | | and another person or
persons or business entity, the court may | 20 | | pierce the ownership veil of the
person, persons, or business | 21 | | entity to discover assets of the non-custodial
parent held in | 22 | | the name of that person, those persons, or that business | 23 | | entity.
The following circumstances are sufficient to | 24 | | authorize a court to order
discovery of the assets of a person, | 25 | | persons, or business entity and to compel
the application of | 26 | | any discovered assets toward payment on the judgment for
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| 1 | | support:
| 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 arms 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 | 11 | | entered under this paragraph shall affect the
rights of bona | 12 | | fide purchasers, mortgagees, judgment creditors, or other lien
| 13 | | holders who acquire their interests in the property prior to | 14 | | the time a notice
of lis pendens pursuant to the Code of Civil | 15 | | Procedure or a copy of the order
is placed of record in the | 16 | | office of the recorder of deeds for the county in
which the | 17 | | real property is located.
| 18 | | The court may also order in cases where the parent is 90 | 19 | | days or more
delinquent in payment of support or has been | 20 | | adjudicated in arrears in an
amount equal to 90 days obligation | 21 | | or more, that the parent's Illinois driving
privileges be | 22 | | suspended until the court
determines that the parent is in | 23 | | compliance with the order of support.
The court may also order | 24 | | that the parent be issued a family financial
responsibility | 25 | | driving permit that would allow limited driving privileges for
| 26 | | employment and medical purposes in accordance with Section |
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| 1 | | 7-702.1 of the
Illinois Vehicle Code. The clerk of the circuit | 2 | | court shall certify the order
suspending the driving privileges | 3 | | of the parent or granting the issuance of a
family financial | 4 | | responsibility driving permit to the Secretary of State on
| 5 | | forms prescribed by the Secretary. Upon receipt of the | 6 | | authenticated
documents, the Secretary of State shall suspend | 7 | | the parent's driving privileges
until further order of the | 8 | | court and shall, if ordered by the court, subject to
the | 9 | | provisions of Section 7-702.1 of the Illinois Vehicle Code, | 10 | | issue a family
financial responsibility driving permit to the | 11 | | parent.
| 12 | | In addition to the penalties or punishment that may be | 13 | | imposed under this
Section, any person whose conduct | 14 | | constitutes a violation of Section 15 of the
Non-Support | 15 | | Punishment Act may be prosecuted under that Act, and a person
| 16 | | convicted under that Act may be sentenced in accordance with | 17 | | that Act. The
sentence may include but need not be limited to a | 18 | | requirement that the person
perform community service under | 19 | | Section 50 of that Act or participate in a work
alternative | 20 | | program under Section 50 of that Act. A person may not be | 21 | | required
to participate in a work alternative program under | 22 | | Section 50 of that Act if
the person is currently participating | 23 | | in a work program pursuant to Section
505.1 of this Act.
| 24 | | A support obligation, or any portion of a support | 25 | | obligation, which becomes
due and remains unpaid as of the end | 26 | | of each month, excluding the child support that was due for |
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| 1 | | that month to the extent that it was not paid in that month, | 2 | | shall accrue simple interest as set forth in Section 12-109 of | 3 | | the Code of Civil Procedure.
An order for support entered or | 4 | | modified on or after January 1, 2006 shall
contain a statement | 5 | | that a support obligation required under the order, or any
| 6 | | portion of a support obligation required under the order, that | 7 | | becomes due and
remains unpaid as of the end of each month, | 8 | | excluding the child support that was due for that month to the | 9 | | extent that it was not paid in that month, shall accrue simple | 10 | | interest as set forth in Section 12-109 of the Code of Civil | 11 | | Procedure. Failure to include the statement in the order for | 12 | | support does
not affect the validity of the order or the | 13 | | accrual of interest as provided in
this Section.
| 14 | | (c) A one-time charge of 20% is imposable upon the amount | 15 | | of
past-due child support owed on July 1, 1988 which has | 16 | | accrued under a
support order entered by the court. The charge | 17 | | shall be imposed in
accordance with the provisions of Section | 18 | | 10-21 of the Illinois Public Aid
Code and shall be enforced by | 19 | | the court upon petition.
| 20 | | (d) Any new or existing support order entered by the court
| 21 | | under this Section shall be deemed to be a series of judgments | 22 | | against the
person obligated to pay support thereunder, each | 23 | | such judgment to be in the
amount of each payment or | 24 | | installment of support and each such judgment to
be deemed | 25 | | entered as of the date the corresponding payment or installment
| 26 | | becomes due under the terms of the support order. Each such |
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| 1 | | judgment shall
have the full force, effect and attributes of | 2 | | any other judgment of this
State, including the ability to be | 3 | | enforced.
Interest shall accrue on support obligations as | 4 | | provided in Section 12-109 of the Code of Civil Procedure. A | 5 | | lien arises by operation of law against the real and personal | 6 | | property of
the noncustodial parent for each installment of | 7 | | overdue support owed by the
noncustodial parent.
| 8 | | (e) When child support is to be paid through the clerk of | 9 | | the court in a
county of 1,000,000 inhabitants or less, the | 10 | | order shall direct the obligor
to pay to the clerk, in addition | 11 | | to the child support payments, all fees
imposed by the county | 12 | | board under paragraph (3) of subsection (u) of
Section 27.1 of | 13 | | the Clerks of Courts Act. Unless paid in cash or pursuant to
an | 14 | | order for withholding, the payment of the fee shall be by a | 15 | | separate
instrument from the support payment and shall be made | 16 | | to the order of the
Clerk.
| 17 | | (f) All orders for support, when entered or
modified, shall | 18 | | include a provision requiring the obligor to notify
the court | 19 | | and, in cases in which a party is receiving child and spouse
| 20 | | services under Article X of the Illinois Public Aid Code, the
| 21 | | Department of Healthcare and Family Services, within 7 days, | 22 | | (i) of the name and address
of any new employer of the obligor, | 23 | | (ii) whether the obligor has access to
health insurance | 24 | | coverage through the employer or other group coverage and,
if | 25 | | so, the policy name and number and the names of persons covered | 26 | | under
the policy, and (iii) of any new residential or mailing |
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| 1 | | address or telephone
number of the non-custodial parent. In any | 2 | | subsequent action to enforce a
support order, upon a sufficient | 3 | | showing that a diligent effort has been made
to ascertain the | 4 | | location of the non-custodial parent, service of process or
| 5 | | provision of notice necessary in the case may be made at the | 6 | | last known
address of the non-custodial parent in any manner | 7 | | expressly provided by the
Code of Civil Procedure or this Act, | 8 | | which service shall be sufficient for
purposes of due process.
| 9 | | (g) An order for support shall include a date on which the | 10 | | current
support obligation terminates. The termination date | 11 | | shall be no earlier than
the date on which the child covered by | 12 | | the order will attain the age of
18. However, if the child will | 13 | | not graduate from high school until after
attaining the age of | 14 | | 18, then the termination date shall be no earlier than the
| 15 | | earlier of the date on which the child's high school graduation | 16 | | will occur or
the date on which the child will attain the age | 17 | | of 19. The order for support
shall state that the termination | 18 | | date does not apply to any arrearage that may
remain unpaid on | 19 | | that date. Nothing in this subsection shall be construed to
| 20 | | prevent the court from modifying the order or terminating the | 21 | | order in the
event the child is otherwise emancipated.
| 22 | | (g-5) If there is an unpaid arrearage or delinquency (as | 23 | | those terms are defined in the Income Withholding for Support | 24 | | Act) equal to at least one month's support obligation on the | 25 | | termination date stated in the order for support or, if there | 26 | | is no termination date stated in the order, on the date the |
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| 1 | | child attains the age of majority or is otherwise emancipated, | 2 | | the periodic amount required to be paid for current support of | 3 | | that child immediately prior to that date shall automatically | 4 | | continue to be an obligation, not as current support but as | 5 | | periodic payment toward satisfaction of the unpaid arrearage or | 6 | | delinquency. That periodic payment shall be in addition to any | 7 | | periodic payment previously required for satisfaction of the | 8 | | arrearage or delinquency. The total periodic amount to be paid | 9 | | toward satisfaction of the arrearage or delinquency may be | 10 | | enforced and collected by any method provided by law for | 11 | | enforcement and collection of child support, including but not | 12 | | limited to income withholding under the Income Withholding for | 13 | | Support Act. Each order for support entered or modified on or | 14 | | after the effective date of this amendatory Act of the 93rd | 15 | | General Assembly must contain a statement notifying the parties | 16 | | of the requirements of this subsection. Failure to include the | 17 | | statement in the order for support does not affect the validity | 18 | | of the order or the operation of the provisions of this | 19 | | subsection with regard to the order. This subsection shall not | 20 | | be construed to prevent or affect the establishment or | 21 | | modification of an order for support of a minor child or the | 22 | | establishment or modification of an order for support of a | 23 | | non-minor child or educational expenses under Section 513 of | 24 | | this Act.
| 25 | | (h) An order entered under this Section shall include a | 26 | | provision requiring
the obligor to report to the obligee and to |
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| 1 | | the clerk of court within 10 days
each time the obligor obtains | 2 | | new employment, and each time the obligor's
employment is | 3 | | terminated for any reason. The report shall be in writing and
| 4 | | shall, in the case of new employment, include the name and | 5 | | address of the new
employer. Failure to report new employment | 6 | | or the termination of current
employment, if coupled with | 7 | | nonpayment of support for a period in excess of 60
days, is | 8 | | indirect criminal contempt. For any obligor arrested for | 9 | | failure to
report new employment bond shall be set in the | 10 | | amount of the child support that
should have been paid during | 11 | | the period of unreported employment. An order
entered under | 12 | | this Section shall also include a provision requiring the | 13 | | obligor
and obligee parents to advise each other of a change in | 14 | | residence within 5 days
of the change except when the court | 15 | | finds that the physical, mental, or
emotional health of a party | 16 | | or that of a child, or both, would be
seriously endangered by | 17 | | disclosure of the party's address.
| 18 | | (i) The court does not lose the powers of contempt, | 19 | | driver's license
suspension, or other child support | 20 | | enforcement mechanisms, including, but
not limited to, | 21 | | criminal prosecution as set forth in this Act, upon the
| 22 | | emancipation of the minor child or children.
| 23 | | (Source: P.A. 95-331, eff. 8-21-07; 96-1134, eff. 7-21-10.)
| 24 | | Section 20. The Non-Support Punishment Act is amended by | 25 | | changing Section 20 as follows:
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| 1 | | (750 ILCS 16/20)
| 2 | | Sec. 20. Entry of order for support; income withholding.
| 3 | | (a) In a case in which no court or administrative order for | 4 | | support is in
effect against the defendant:
| 5 | | (1) at any time before the trial, upon motion of the | 6 | | State's Attorney, or
of the Attorney General if the action | 7 | | has been instituted by his office, and
upon notice to the | 8 | | defendant, or at the time of arraignment or as a condition
| 9 | | of postponement of arraignment, the court may enter such | 10 | | temporary order for
support as may seem just, providing for | 11 | | the support or maintenance of the
spouse or child or | 12 | | children of the defendant, or both, pendente lite; or
| 13 | | (2) before trial with the consent of the defendant, or | 14 | | at the trial on
entry of a plea of guilty, or after | 15 | | conviction, instead of imposing the penalty
provided in | 16 | | this Act, or in addition thereto, the court may enter an | 17 | | order for
support, subject to modification by the court | 18 | | from time to time as
circumstances may require, directing | 19 | | the defendant to pay a certain sum for
maintenance of the | 20 | | spouse, or for support of the child or children, or both.
| 21 | | (b) The court shall determine the amount of child support | 22 | | by using the
guidelines and standards set forth in subsection | 23 | | (a) of Section 505 and in
Section 505.2 of the Illinois | 24 | | Marriage and Dissolution of Marriage Act.
| 25 | | If (i) the non-custodial parent was properly served with a |
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| 1 | | request for
discovery of financial information relating to the | 2 | | non-custodial parent's
ability to provide child support, (ii) | 3 | | the non-custodial parent failed to
comply with the request, | 4 | | despite having been ordered to do so by the court,
and (iii) | 5 | | the non-custodial parent is not present at the hearing to | 6 | | determine
support despite having received proper notice, then | 7 | | any relevant financial
information concerning the | 8 | | non-custodial parent's ability to provide support
that was | 9 | | obtained pursuant to subpoena and proper notice shall be | 10 | | admitted
into evidence without the need to establish any | 11 | | further foundation for its
admission.
| 12 | | (c) The court shall determine the amount of maintenance | 13 | | using the standards
set forth in Section 504 of the Illinois | 14 | | Marriage and Dissolution of Marriage
Act.
| 15 | | (d) The court may, for violation of any order under this | 16 | | Section, punish the
offender as for a contempt of court, but no | 17 | | pendente lite order shall remain in
effect longer than 4 | 18 | | months, or after the discharge of any panel of jurors
summoned | 19 | | for service thereafter in such court, whichever is sooner.
| 20 | | (e) Any order for support entered by the court under this | 21 | | Section shall be
deemed to be a series of judgments against the | 22 | | person obligated to pay support
under the judgments, each such | 23 | | judgment to be in the amount of each payment or
installment of | 24 | | support and each judgment to be deemed entered as of the date
| 25 | | the corresponding payment or installment becomes due under the | 26 | | terms of the
support order. Each judgment shall have the full |
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| 1 | | force, effect, and attributes
of any other judgment of this | 2 | | State, including the ability to be enforced.
Each judgment is | 3 | | subject to modification or termination only in accordance with
| 4 | | Section 510 of the Illinois Marriage and Dissolution of | 5 | | Marriage Act. Interest shall accrue on support obligations as | 6 | | provided in Section 12-109 of the Code of Civil Procedure. A | 7 | | lien
arises by operation of law against the real and personal | 8 | | property of the
noncustodial parent for each installment of | 9 | | overdue support owed by the
noncustodial parent.
| 10 | | (f) An order for support entered under this Section shall | 11 | | include a
provision requiring the obligor to report to the | 12 | | obligee and to the clerk of
the court within 10 days each time | 13 | | the obligor obtains new employment, and each
time the obligor's | 14 | | employment is terminated for any reason. The report shall
be in | 15 | | writing and shall, in the case of new employment, include the | 16 | | name and
address of the new employer.
| 17 | | Failure to report new employment or the termination of | 18 | | current employment,
if coupled with nonpayment of support for a | 19 | | period in excess of 60 days, is
indirect criminal contempt. For | 20 | | any obligor arrested for failure to report new
employment, bond | 21 | | shall be set in the amount of the child support that should
| 22 | | have been paid during the period of unreported
employment.
| 23 | | An order for support entered under this Section shall also | 24 | | include a
provision requiring the obligor and obligee parents | 25 | | to advise each other of a
change in residence within 5 days of | 26 | | the change except when the court finds
that the physical, |
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| 1 | | mental, or emotional health of a party or of a minor child,
or | 2 | | both, would be seriously endangered by disclosure of the | 3 | | party's address.
| 4 | | (g) An order for support entered or modified in a case in | 5 | | which a party is
receiving child support enforcement services | 6 | | under Article X of the Illinois
Public Aid Code shall include a | 7 | | provision requiring the noncustodial parent to
notify the | 8 | | Department of Healthcare and Family Services, within 7 days, of | 9 | | the name and
address of any new employer of the noncustodial | 10 | | parent, whether the
noncustodial parent has access to health | 11 | | insurance coverage through the
employer or other group coverage | 12 | | and, if so, the policy name and number
and the names of persons | 13 | | covered under the policy.
| 14 | | (h) In any subsequent action to enforce an order for | 15 | | support entered under
this Act, upon sufficient showing that | 16 | | diligent effort has been made to
ascertain the location of the | 17 | | noncustodial parent, service of process or
provision of notice | 18 | | necessary in that action may be made at the last known
address | 19 | | of the noncustodial parent, in any manner expressly provided by | 20 | | the
Code of Civil Procedure or in this Act, which service shall | 21 | | be sufficient for
purposes of due process.
| 22 | | (i) An order for support shall include a date on which the | 23 | | current support
obligation terminates. The termination date | 24 | | shall be no earlier than the date
on which the child covered by | 25 | | the order will attain the age of 18. However, if
the child will | 26 | | not graduate from high school until after attaining the age of
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| 1 | | 18, then the termination date shall be no earlier than the | 2 | | earlier of the date
on which the child's high school graduation | 3 | | will occur or the date on which the
child will attain the age | 4 | | of 19. The order for support shall state that the
termination | 5 | | date does not apply to any arrearage that may remain unpaid on | 6 | | that
date. Nothing in this subsection shall be construed to | 7 | | prevent the court from
modifying the order or terminating the | 8 | | order in the event the child is
otherwise emancipated.
| 9 | | (i-5) If there is an unpaid arrearage or delinquency (as | 10 | | those terms are defined in the Income Withholding for Support | 11 | | Act) equal to at least one month's support obligation on the | 12 | | termination date stated in the order for support or, if there | 13 | | is no termination date stated in the order, on the date the | 14 | | child attains the age of majority or is otherwise emancipated, | 15 | | the periodic amount required to be paid for current support of | 16 | | that child immediately prior to that date shall automatically | 17 | | continue to be an obligation, not as current support but as | 18 | | periodic payment toward satisfaction of the unpaid arrearage or | 19 | | delinquency. That periodic payment shall be in addition to any | 20 | | periodic payment previously required for satisfaction of the | 21 | | arrearage or delinquency. The total periodic amount to be paid | 22 | | toward satisfaction of the arrearage or delinquency may be | 23 | | enforced and collected by any method provided by law for | 24 | | enforcement and collection of child support, including but not | 25 | | limited to income withholding under the Income Withholding for | 26 | | Support Act. Each order for support entered or modified on or |
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| 1 | | after the effective date of this amendatory Act of the 93rd | 2 | | General Assembly must contain a statement notifying the parties | 3 | | of the requirements of this subsection. Failure to include the | 4 | | statement in the order for support does not affect the validity | 5 | | of the order or the operation of the provisions of this | 6 | | subsection with regard to the order. This subsection shall not | 7 | | be construed to prevent or affect the establishment or | 8 | | modification of an order for support of a minor child or the | 9 | | establishment or modification of an order for support of a | 10 | | non-minor child or educational expenses under Section 513 of | 11 | | the Illinois Marriage and Dissolution of Marriage Act.
| 12 | | (j) A support obligation, or any portion of a support | 13 | | obligation, which
becomes due and remains unpaid as of the end | 14 | | of each month, excluding the child support that was due for | 15 | | that month to the extent that it was not paid in that month, | 16 | | shall accrue simple interest
as set forth in Section 12-109 of | 17 | | the Code of Civil Procedure.
An order for support entered or | 18 | | modified on or after January 1, 2006 shall
contain a statement | 19 | | that a support obligation required under the order, or any
| 20 | | portion of a support obligation required under the order, that | 21 | | becomes due and
remains unpaid as of the end of each month, | 22 | | excluding the child support that was due for that month to the | 23 | | extent that it was not paid in that month, shall accrue simple | 24 | | interest as set forth in Section 12-109 of the Code of Civil | 25 | | Procedure. Failure to include the statement in the order for | 26 | | support does
not affect the validity of the order or the |
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| 1 | | accrual of interest as provided in
this Section.
| 2 | | (Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07.)
| 3 | | (750 ILCS 16/23 rep.) | 4 | | Section 23. The Non-Support Punishment Act is amended by | 5 | | repealing Section 23. | 6 | | Section 25. The Income Withholding for Support Act is | 7 | | amended by changing Section 15 as follows:
| 8 | | (750 ILCS 28/15)
| 9 | | Sec. 15. Definitions.
| 10 | | (a) "Order for support" means any order of the court
which | 11 | | provides for periodic payment of funds for the support of a | 12 | | child
or maintenance of a spouse, whether temporary or final, | 13 | | and includes any
such order which provides for:
| 14 | | (1) modification or resumption of, or payment of | 15 | | arrearage, including interest, accrued under,
a previously | 16 | | existing order;
| 17 | | (2) reimbursement of support;
| 18 | | (3) payment or reimbursement of the expenses of | 19 | | pregnancy and delivery
(for orders for support entered | 20 | | under the Illinois Parentage Act of 1984 or its
predecessor | 21 | | the Paternity Act); or
| 22 | | (4) enrollment in a health insurance plan that is | 23 | | available to the
obligor through an employer or labor union |
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| 1 | | or trade union.
| 2 | | (b) "Arrearage" means the total amount of unpaid support | 3 | | obligations , including interest,
as determined by the court and | 4 | | incorporated into an order for support.
| 5 | | (b-5) "Business day" means a day on which State offices are | 6 | | open for
regular business.
| 7 | | (c) "Delinquency" means any payment , including a payment of | 8 | | interest, under an order for support
which
becomes due and | 9 | | remains unpaid after entry of the order for
support.
| 10 | | (d) "Income" means any form of periodic payment to an | 11 | | individual,
regardless of source, including, but not limited | 12 | | to: wages, salary,
commission, compensation as an independent | 13 | | contractor, workers'
compensation, disability, annuity, | 14 | | pension, and retirement benefits,
lottery prize
awards, | 15 | | insurance proceeds, vacation pay, bonuses, profit-sharing | 16 | | payments, severance pay,
interest,
and any other payments, made | 17 | | by any person, private entity, federal or
state government, any | 18 | | unit of local government, school district or any
entity created | 19 | | by Public Act; however, "income" excludes:
| 20 | | (1) any amounts required by law to be withheld, other | 21 | | than creditor
claims, including, but not limited to, | 22 | | federal, State and local taxes,
Social Security and other | 23 | | retirement and disability contributions;
| 24 | | (2) union dues;
| 25 | | (3) any amounts exempted by the federal Consumer Credit | 26 | | Protection Act;
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| 1 | | (4) public assistance payments; and
| 2 | | (5) unemployment insurance benefits except as provided | 3 | | by law.
| 4 | | Any other State or local laws which limit or exempt income | 5 | | or the amount
or percentage of income that can be withheld | 6 | | shall not apply.
| 7 | | (e) "Obligor" means the individual who owes a duty to make | 8 | | payments under an
order for support.
| 9 | | (f) "Obligee" means the individual to whom a duty of | 10 | | support is owed or
the individual's legal representative.
| 11 | | (g) "Payor" means any payor of income to an obligor.
| 12 | | (h) "Public office" means any elected official or any State | 13 | | or local agency
which is or may become responsible by law for | 14 | | enforcement of, or which
is or may become authorized to | 15 | | enforce, an order for support, including,
but not limited to: | 16 | | the Attorney General, the Illinois Department of Healthcare and | 17 | | Family Services, the Illinois Department of Human Services,
the | 18 | | Illinois Department of Children and Family Services, and the | 19 | | various
State's Attorneys, Clerks of the Circuit Court and | 20 | | supervisors of general
assistance.
| 21 | | (i) "Premium" means the dollar amount for which the obligor | 22 | | is liable
to his employer or labor union or trade union and | 23 | | which must be paid to enroll
or maintain a child in a health | 24 | | insurance plan that is available to the obligor
through an | 25 | | employer or labor union or trade union.
| 26 | | (j) "State Disbursement Unit" means the unit established to |
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| 1 | | collect and
disburse support payments in accordance with the | 2 | | provisions of Section 10-26 of
the Illinois Public Aid Code.
| 3 | | (k) "Title IV-D Agency" means the agency of this State | 4 | | charged by law with
the duty to administer the child support | 5 | | enforcement program established under
Title IV, Part D of the | 6 | | Social Security Act and Article X of the Illinois
Public Aid | 7 | | Code.
| 8 | | (l) "Title IV-D case" means a case in which an obligee or | 9 | | obligor is
receiving child support enforcement services under | 10 | | Title IV, Part D of the
Social Security Act and Article X of | 11 | | the Illinois Public Aid Code.
| 12 | | (m) "National Medical Support Notice" means the notice | 13 | | required for
enforcement of orders for support providing for | 14 | | health insurance coverage of a
child under Title IV, Part D of | 15 | | the Social Security Act, the Employee
Retirement Income | 16 | | Security Act of 1974, and federal regulations promulgated
under | 17 | | those Acts.
| 18 | | (n) "Employer" means a payor or labor union or trade union | 19 | | with an employee
group health insurance plan and, for purposes | 20 | | of the National Medical Support
Notice, also includes but is | 21 | | not limited to:
| 22 | | (1) any State or local governmental agency with a group | 23 | | health
plan; and
| 24 | | (2) any payor with a group health plan or "church plan" | 25 | | covered
under the Employee Retirement Income Security Act | 26 | | of 1974.
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| 1 | | (Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07; 95-685, | 2 | | eff. 10-23-07.)
| 3 | | Section 30. The Illinois Parentage Act of 1984 is amended | 4 | | by changing Sections 13.1 and 14 as follows:
| 5 | | (750 ILCS 45/13.1)
| 6 | | Sec. 13.1. Temporary order for child support. | 7 | | Notwithstanding any other
law to the contrary, pending the | 8 | | outcome of a
judicial determination of parentage, the court | 9 | | shall issue a temporary order
for child support, upon motion by | 10 | | a party and a showing of clear and convincing
evidence of | 11 | | paternity. In determining the amount of the temporary child
| 12 | | support award, the court shall use the guidelines and standards | 13 | | set forth in
subsection (a) of Section 505 and in Section 505.2 | 14 | | of the Illinois Marriage and
Dissolution of Marriage Act.
| 15 | | Any new or existing support order entered by the court | 16 | | under this Section
shall be deemed to be a series of judgments | 17 | | against the person obligated to pay
support
thereunder, each | 18 | | such judgment to be in the amount of each payment or
| 19 | | installment of support and each judgment to be deemed entered | 20 | | as of the date
the corresponding payment or installment becomes | 21 | | due under the terms of the
support order. Each such judgment | 22 | | shall have the full
force, effect, and attributes of any other | 23 | | judgment of this State, including
the ability to be enforced. | 24 | | Any such judgment is subject to modification or
termination |
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| 1 | | only in accordance with Section 510 of the Illinois Marriage | 2 | | and
Dissolution of Marriage Act.
Interest shall accrue on | 3 | | support obligations as provided in Section 12-109 of the Code | 4 | | of Civil Procedure. A lien arises by operation of law against | 5 | | the real and personal property of the
noncustodial parent for | 6 | | each
installment of overdue support owed by the noncustodial | 7 | | parent.
| 8 | | All orders for support, when entered or modified, shall | 9 | | include a provision
requiring the non-custodial parent to | 10 | | notify the court, and in cases in which a
party is receiving | 11 | | child support enforcement services under
Article X of the
| 12 | | Illinois Public Aid Code, the Department of Healthcare and | 13 | | Family Services, within 7 days,
(i) of the
name, address, and | 14 | | telephone number of any new employer of the non-custodial
| 15 | | parent, (ii) whether the non-custodial parent has access to | 16 | | health
insurance coverage through the employer or other group | 17 | | coverage, and, if so,
the policy name and number and the names | 18 | | of persons covered under the policy,
and (iii) of any new | 19 | | residential or mailing address or telephone number
of the | 20 | | non-custodial parent.
| 21 | | In any subsequent action to enforce a support order, upon | 22 | | sufficient showing
that diligent effort has been made to | 23 | | ascertain the location of the
non-custodial parent, service of | 24 | | process or provision of notice necessary in
that action may be | 25 | | made at the last known address of the non-custodial parent,
in | 26 | | any manner expressly provided by the Code of Civil Procedure or |
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| 1 | | in this Act,
which service shall be sufficient for purposes of | 2 | | due process.
| 3 | | An order for support shall include a date on which the | 4 | | current support
obligation terminates. The termination date | 5 | | shall be no earlier than the date
on which the child covered by | 6 | | the order will attain the age of majority or is
otherwise | 7 | | emancipated. The
order for support shall state that the | 8 | | termination date does not apply to any
arrearage that may | 9 | | remain unpaid on that date. Nothing in this paragraph
shall be | 10 | | construed to prevent the court from modifying the order.
| 11 | | If there is an unpaid arrearage or delinquency (as those | 12 | | terms are defined in the Income Withholding for Support Act) | 13 | | equal to at least one month's support obligation on the | 14 | | termination date stated in the order for support or, if there | 15 | | is no termination date stated in the order, on the date the | 16 | | child attains the age of majority or is otherwise emancipated, | 17 | | then the periodic amount required to be paid for current | 18 | | support of that child immediately prior to that date shall | 19 | | automatically continue to be an obligation, not as current | 20 | | support but as periodic payment toward satisfaction of the | 21 | | unpaid arrearage or delinquency. That periodic payment shall be | 22 | | in addition to any periodic payment previously required for | 23 | | satisfaction of the arrearage or delinquency. The total | 24 | | periodic amount to be paid toward satisfaction of the arrearage | 25 | | or delinquency may be enforced and collected by any method | 26 | | provided by law for the enforcement and collection of child |
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| 1 | | support, including but not limited to income withholding under | 2 | | the Income Withholding for Support Act. Each order for support | 3 | | entered or modified on or after the effective date of this | 4 | | amendatory Act of the 93rd General Assembly must contain a | 5 | | statement notifying the parties of the requirements of this | 6 | | paragraph. Failure to include the statement in the order for | 7 | | support does not affect the validity of the order or the | 8 | | operation of the provisions of this paragraph with regard to | 9 | | the order. This paragraph shall not be construed to prevent or | 10 | | affect the establishment or modification of an order for the | 11 | | support of a minor child or the establishment or modification | 12 | | of an order for the support of a non-minor child or educational | 13 | | expenses under Section 513 of the Illinois Marriage and | 14 | | Dissolution of Marriage Act.
| 15 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 16 | | (750 ILCS 45/14) (from Ch. 40, par. 2514)
| 17 | | Sec. 14. Judgment.
| 18 | | (a) (1) The judgment shall contain or explicitly reserve
| 19 | | provisions concerning any duty and amount of child support
and | 20 | | may contain provisions concerning the custody and
guardianship | 21 | | of the child, visitation privileges with the child, the
| 22 | | furnishing of bond or other security for the payment of the | 23 | | judgment,
which the court shall determine in accordance with | 24 | | the relevant factors
set forth in the Illinois Marriage and | 25 | | Dissolution of Marriage
Act and any other applicable law of |
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| 1 | | Illinois,
to guide the court in a finding in the best interests | 2 | | of the child.
In determining custody, joint custody, removal, | 3 | | or visitation, the court
shall apply
the relevant standards of | 4 | | the Illinois Marriage and Dissolution of Marriage
Act, | 5 | | including Section 609. Specifically, in determining the amount | 6 | | of any
child support award or child health insurance coverage, | 7 | | the
court shall use the guidelines and standards set forth in | 8 | | subsection (a) of
Section 505 and in Section 505.2 of the | 9 | | Illinois Marriage and Dissolution of
Marriage Act. For purposes | 10 | | of Section
505 of the Illinois Marriage and Dissolution of | 11 | | Marriage Act,
"net income" of the non-custodial parent shall | 12 | | include any benefits
available to that person under the | 13 | | Illinois Public Aid Code or from other
federal, State or local | 14 | | government-funded programs. The court shall, in
any event and | 15 | | regardless of the amount of the non-custodial parent's net
| 16 | | income, in its judgment order the non-custodial parent to pay | 17 | | child support
to the custodial parent in a minimum amount of | 18 | | not less than $10 per month, as long as such an order is | 19 | | consistent with the requirements of Title IV, Part D of the | 20 | | Social Security Act.
In an action brought within 2 years after | 21 | | a judicial determination of parentage, the judgment or
order | 22 | | may direct either parent to pay the reasonable expenses | 23 | | incurred by
either parent or the Department of Healthcare and | 24 | | Family Services related to the mother's pregnancy and the | 25 | | delivery of the
child. The judgment or order shall contain the | 26 | | father's social security number,
which the father shall |
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| 1 | | disclose to the court; however, failure to include the
father's | 2 | | social security number on the judgment or order does not | 3 | | invalidate
the judgment or order.
| 4 | | (2) If a judgment of parentage contains no explicit award | 5 | | of custody,
the establishment of a support obligation or of | 6 | | visitation rights in one
parent shall be considered a judgment | 7 | | granting custody to the other parent.
If the parentage judgment | 8 | | contains no such provisions, custody shall be
presumed to be | 9 | | with the mother;
however, the presumption shall not apply if | 10 | | the father has had
physical custody for at least 6
months prior | 11 | | to the date that the mother seeks to enforce custodial rights.
| 12 | | (b) The court shall order all child support payments, | 13 | | determined in
accordance with such guidelines, to commence with | 14 | | the date summons is
served. The level of current periodic | 15 | | support payments shall not be
reduced because of payments set | 16 | | for the period prior to the date of entry
of the support order. | 17 | | The Court may order any child support payments to be
made for a
| 18 | | period prior to the commencement of the action.
In determining | 19 | | whether and the extent to which the
payments shall be made for | 20 | | any prior period, the court shall consider all
relevant facts, | 21 | | including the factors for determining the amount of support
| 22 | | specified in the Illinois Marriage and Dissolution of Marriage
| 23 | | Act and other equitable factors
including but not limited to:
| 24 | | (1) The father's prior knowledge of the fact and | 25 | | circumstances of the
child's birth.
| 26 | | (2) The father's prior willingness or refusal to help |
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| 1 | | raise or
support the child.
| 2 | | (3) The extent to which the mother or the public agency | 3 | | bringing the
action previously informed the father of the | 4 | | child's needs or attempted
to seek or require his help in | 5 | | raising or supporting the child.
| 6 | | (4) The reasons the mother or the public agency did not | 7 | | file the
action earlier.
| 8 | | (5) The extent to which the father would be prejudiced | 9 | | by the delay in
bringing the action.
| 10 | | For purposes of determining the amount of child support to | 11 | | be paid for any
period before the date the order for current | 12 | | child support is entered, there is
a
rebuttable presumption | 13 | | that the father's net income for the prior period was
the same | 14 | | as his net income at the time the order for current child | 15 | | support is
entered.
| 16 | | If (i) the non-custodial parent was properly served with a | 17 | | request for
discovery of
financial information relating to the | 18 | | non-custodial parent's ability to provide
child support, (ii)
| 19 | | the non-custodial parent failed to comply with the request, | 20 | | despite having been
ordered to
do so by the court, and (iii) | 21 | | the non-custodial parent is not present at the
hearing to
| 22 | | determine support despite having received proper notice, then | 23 | | any relevant
financial
information concerning the | 24 | | non-custodial parent's ability to provide child
support
that | 25 | | was
obtained pursuant to subpoena and proper notice shall be | 26 | | admitted into evidence
without
the need to establish any |
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| 1 | | further foundation for its admission.
| 2 | | (c) Any new or existing support order entered by the court | 3 | | under this
Section shall be deemed to be a series of judgments
| 4 | | against the person obligated to pay support thereunder, each | 5 | | judgment
to be in the amount of each payment or installment of | 6 | | support and each such
judgment to be deemed entered as of the | 7 | | date the corresponding payment or
installment becomes due under | 8 | | the terms of the support order. Each
judgment shall have the | 9 | | full force, effect and attributes of any other
judgment of this | 10 | | State, including the ability to be enforced.
Interest shall | 11 | | accrue on support obligations as provided in Section 12-109 of | 12 | | the Code of Civil Procedure. A lien arises by operation of law | 13 | | against the real and personal property of
the noncustodial | 14 | | parent for each installment of overdue support owed by the
| 15 | | noncustodial parent.
| 16 | | (d) If the judgment or order of the court is at variance | 17 | | with the child's
birth certificate, the court shall order that | 18 | | a new birth certificate be
issued under the Vital Records Act.
| 19 | | (e) On request of the mother and the father, the court | 20 | | shall order a
change in the child's name. After hearing | 21 | | evidence the court may stay
payment of support during the | 22 | | period of the father's minority or period of
disability.
| 23 | | (f) If, upon a showing of proper service, the father fails | 24 | | to appear in
court, or
otherwise appear as provided by law, the | 25 | | court may proceed to hear the
cause upon testimony of the | 26 | | mother or other parties taken in open court and
shall enter a |
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| 1 | | judgment by default. The court may reserve any order as to
the | 2 | | amount of child support until the father has received notice, | 3 | | by
regular mail, of a hearing on the matter.
| 4 | | (g) A one-time charge of 20% is imposable upon the amount | 5 | | of past-due
child support owed on July 1, 1988 which has | 6 | | accrued under a support order
entered by the court. The charge | 7 | | shall be imposed in accordance with the
provisions of Section | 8 | | 10-21 of the Illinois Public Aid Code and shall be
enforced by | 9 | | the court upon petition.
| 10 | | (h) All orders for support, when entered or
modified, shall | 11 | | include a provision requiring the non-custodial parent
to
| 12 | | notify the court and, in cases in which party is receiving | 13 | | child
support enforcement services under Article X of the | 14 | | Illinois Public Aid Code,
the
Department of Healthcare and | 15 | | Family Services, within 7 days, (i) of the name and
address of | 16 | | any new employer of the non-custodial parent, (ii) whether the
| 17 | | non-custodial
parent has access to health insurance coverage | 18 | | through the employer or other
group coverage and, if so, the | 19 | | policy name and number and the names of
persons
covered under | 20 | | the policy, and (iii) of any new residential or mailing address
| 21 | | or telephone
number of the non-custodial parent. In any | 22 | | subsequent action to enforce a
support order, upon a sufficient | 23 | | showing that a diligent effort has been made
to ascertain the | 24 | | location of the non-custodial parent, service of process or
| 25 | | provision of notice necessary in the case may be made at the | 26 | | last known
address of the non-custodial parent in any manner |
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| 1 | | expressly provided by the
Code of Civil Procedure or this Act, | 2 | | which service shall be sufficient for
purposes of due process.
| 3 | | (i) An order for support shall include a date on which the | 4 | | current
support obligation terminates. The termination date | 5 | | shall be no earlier
than
the date on which the child covered by | 6 | | the order will attain the age of
18. However, if the child will | 7 | | not graduate from high school until after
attaining the age
of | 8 | | 18, then the termination date shall be no earlier than the | 9 | | earlier of the
date on which
the child's high school graduation | 10 | | will occur or the date on which the child
will attain the
age | 11 | | of 19.
The order
for
support shall state that
the termination | 12 | | date does not apply to any arrearage that may remain unpaid on
| 13 | | that date. Nothing in this subsection shall be construed to | 14 | | prevent the court
from modifying the order
or terminating the | 15 | | order in the event the child is otherwise emancipated.
| 16 | | (i-5) If there is an unpaid arrearage or delinquency (as | 17 | | those terms are defined in the Income Withholding for Support | 18 | | Act) equal to at least one month's support obligation on the | 19 | | termination date stated in the order for support or, if there | 20 | | is no termination date stated in the order, on the date the | 21 | | child attains the age of majority or is otherwise emancipated, | 22 | | the periodic amount required to be paid for current support of | 23 | | that child immediately prior to that date shall automatically | 24 | | continue to be an obligation, not as current support but as | 25 | | periodic payment toward satisfaction of the unpaid arrearage or | 26 | | delinquency. That periodic payment shall be in addition to any |
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| 1 | | periodic payment previously required for satisfaction of the | 2 | | arrearage or delinquency. The total periodic amount to be paid | 3 | | toward satisfaction of the arrearage or delinquency may be | 4 | | enforced and collected by any method provided by law for | 5 | | enforcement and collection of child support, including but not | 6 | | limited to income withholding under the Income Withholding for | 7 | | Support Act. Each order for support entered or modified on or | 8 | | after the effective date of this amendatory Act of the 93rd | 9 | | General Assembly must contain a statement notifying the parties | 10 | | of the requirements of this subsection. Failure to include the | 11 | | statement in the order for support does not affect the validity | 12 | | of the order or the operation of the provisions of this | 13 | | subsection with regard to the order. This subsection shall not | 14 | | be construed to prevent or affect the establishment or | 15 | | modification of an order for support of a minor child or the | 16 | | establishment or modification of an order for support of a | 17 | | non-minor child or educational expenses under Section 513 of | 18 | | the Illinois Marriage and Dissolution of Marriage Act.
| 19 | | (j) An order entered under this Section shall include a | 20 | | provision
requiring the obligor to report to the obligee and to | 21 | | the clerk of court within
10 days each time the obligor obtains | 22 | | new employment, and each time the
obligor's employment is | 23 | | terminated for any reason.
The report shall be in writing and | 24 | | shall, in the case of new employment,
include the name and | 25 | | address of the new employer.
Failure to report new employment | 26 | | or
the termination of current employment, if coupled with |
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| 1 | | nonpayment of support
for a period in excess of 60 days, is | 2 | | indirect criminal contempt. For
any obligor arrested for | 3 | | failure to report new employment bond shall be set in
the | 4 | | amount of the child support that should have been paid during | 5 | | the period of
unreported employment. An order entered under | 6 | | this Section shall also include
a provision requiring the | 7 | | obligor and obligee parents to advise each other of a
change in | 8 | | residence within 5 days of the change
except when the court | 9 | | finds that the physical, mental, or emotional health
of a party | 10 | | or that of a minor child, or both, would be seriously | 11 | | endangered by
disclosure of the party's address.
| 12 | | (Source: P.A. 94-923, eff. 1-1-07; 94-1061, eff. 1-1-07; | 13 | | 95-331, eff. 8-21-07; 95-864, eff. 1-1-09.)
| 14 | | (750 ILCS 45/20.7 rep.) | 15 | | Section. 35. The Illinois Parentage Act of 1984 is amended | 16 | | by repealing Section 20.7.
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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