Full Text of SB2569 97th General Assembly
SB2569sam003 97TH GENERAL ASSEMBLY | Sen. John G. Mulroe Filed: 2/29/2012
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| 1 | | AMENDMENT TO SENATE BILL 2569
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2569 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Marriage and Dissolution of | 5 | | Marriage Act is amended by changing Sections 503 and 505 as | 6 | | follows:
| 7 | | (750 ILCS 5/503) (from Ch. 40, par. 503)
| 8 | | Sec. 503. Disposition of property.
| 9 | | (a) For purposes of this Act, "marital property" means all | 10 | | property acquired
by either spouse subsequent to the marriage, | 11 | | except the following, which is
known as "non-marital property":
| 12 | | (1) property acquired by gift, legacy or descent;
| 13 | | (2) property acquired in exchange for property | 14 | | acquired before the
marriage or in exchange for property | 15 | | acquired by gift, legacy or descent;
| 16 | | (3) property acquired by a spouse after a judgment of |
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| 1 | | legal separation;
| 2 | | (4) property excluded by valid agreement of the | 3 | | parties;
| 4 | | (5) any judgment or property obtained by judgment | 5 | | awarded to a spouse
from the other spouse;
| 6 | | (6) property acquired before the marriage;
| 7 | | (7) the increase in value of property acquired by a | 8 | | method listed in
paragraphs (1) through (6) of this | 9 | | subsection, irrespective of whether the
increase results | 10 | | from a contribution of marital property, non-marital | 11 | | property,
the personal effort of a spouse, or otherwise, | 12 | | subject to the right of
reimbursement provided in | 13 | | subsection (c) of this Section; and
| 14 | | (8) income from property acquired by a method listed in | 15 | | paragraphs (1)
through (7) of this subsection if the income | 16 | | is not attributable to the
personal effort of a spouse.
| 17 | | (b)(1) For purposes of distribution of property pursuant to | 18 | | this
Section, all property acquired by either spouse after the | 19 | | marriage and before a
judgment of dissolution of marriage or | 20 | | declaration of invalidity of marriage,
including non-marital | 21 | | property transferred into some form of co-ownership
between the | 22 | | spouses, is presumed to be marital property, regardless of | 23 | | whether
title is held individually or by the spouses in some | 24 | | form of co-ownership such
as joint tenancy, tenancy in common, | 25 | | tenancy by the entirety, or community
property. The presumption | 26 | | of marital property is overcome by a showing that
the property |
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| 1 | | was acquired by a method listed in subsection (a) of this | 2 | | Section.
| 3 | | (2) For purposes of distribution of property pursuant to | 4 | | this Section,
all pension benefits (including pension benefits | 5 | | under the Illinois Pension
Code) acquired by either spouse | 6 | | after the marriage and before a judgment of
dissolution of | 7 | | marriage or declaration of invalidity of the marriage are
| 8 | | presumed to be marital property, regardless of which spouse | 9 | | participates in the
pension plan. The presumption that these | 10 | | pension benefits are marital property
is overcome by a showing | 11 | | that the pension benefits were acquired by a method
listed in | 12 | | subsection (a) of this Section. The right to a division of | 13 | | pension
benefits in just proportions under this Section is | 14 | | enforceable under Section
1-119 of the Illinois Pension Code.
| 15 | | The value of pension benefits in a retirement system | 16 | | subject to the Illinois
Pension Code shall be determined in | 17 | | accordance with the valuation procedures
established by the | 18 | | retirement system.
| 19 | | The recognition of pension benefits as marital property and | 20 | | the division of
those benefits pursuant to a Qualified Illinois | 21 | | Domestic Relations Order shall
not be deemed to be a | 22 | | diminishment, alienation, or impairment of those
benefits. The | 23 | | division of pension benefits is an allocation of property in
| 24 | | which each spouse has a species of common ownership.
| 25 | | (3) For purposes of distribution of property under this | 26 | | Section, all stock
options granted to either spouse after the |
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| 1 | | marriage and before a judgment of
dissolution of marriage or | 2 | | declaration of invalidity of marriage, whether
vested or | 3 | | non-vested or whether their value is ascertainable, are | 4 | | presumed to
be marital property. This presumption of marital | 5 | | property is overcome by a
showing that the stock options were | 6 | | acquired by a method listed in subsection
(a) of this Section. | 7 | | The court shall allocate stock options between the
parties at | 8 | | the time of the judgment of dissolution of marriage or | 9 | | declaration
of invalidity of marriage recognizing that the | 10 | | value of the stock options may
not be then determinable and | 11 | | that the actual division of the options may not
occur until a | 12 | | future date. In making the allocation between the parties, the
| 13 | | court shall consider, in addition to the factors set forth in | 14 | | subsection (d) of
this Section, the following:
| 15 | | (i) All circumstances underlying the grant of the stock | 16 | | option including
but not limited to whether the grant was | 17 | | for past, present, or future efforts,
or any combination | 18 | | thereof.
| 19 | | (ii) The length of time from the grant of the option to | 20 | | the time the
option is exercisable.
| 21 | | (b-5) As to any policy of life insurance insuring the life | 22 | | of either spouse, or any interest in such policy, that | 23 | | constitutes marital property, whether whole life, term life, | 24 | | group term life, universal life, or other form of life
| 25 | | insurance policy, and whether or not the value is | 26 | | ascertainable, the court shall allocate ownership, death |
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| 1 | | benefits or the
right to assign death benefits, and the | 2 | | obligation for premium payments, if any, equitably between the | 3 | | parties at the
time of the judgment for dissolution or | 4 | | declaration of invalidity of marriage. | 5 | | (c) Commingled marital and non-marital property shall be | 6 | | treated in
the following manner, unless otherwise agreed by the | 7 | | spouses:
| 8 | | (1) When marital and non-marital property are | 9 | | commingled by contributing
one estate of property into | 10 | | another resulting in a loss of identity of the
contributed | 11 | | property, the classification of the contributed property | 12 | | is
transmuted to the estate receiving the contribution, | 13 | | subject to the provisions
of paragraph (2) of this | 14 | | subsection; provided that if marital and non-marital
| 15 | | property are commingled into newly acquired property | 16 | | resulting in a loss
of identity of the contributing | 17 | | estates, the commingled property shall be
deemed | 18 | | transmuted to marital property, subject to the provisions | 19 | | of paragraph
(2) of this subsection.
| 20 | | (2) When one estate of property makes a contribution to | 21 | | another estate
of property, or when a spouse contributes | 22 | | personal effort to non-marital
property, the contributing | 23 | | estate shall be reimbursed from the estate receiving
the | 24 | | contribution notwithstanding any transmutation; provided, | 25 | | that no such
reimbursement shall be made with respect to a | 26 | | contribution which is not
retraceable by clear and |
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| 1 | | convincing evidence, or was a gift, or, in the
case of a | 2 | | contribution of personal effort of a spouse to non-marital | 3 | | property,
unless the effort is significant and results in | 4 | | substantial appreciation
of the non-marital property. | 5 | | Personal effort of a spouse shall be deemed
a contribution | 6 | | by the marital estate. The court may provide for | 7 | | reimbursement
out of the marital property to be divided or | 8 | | by imposing a lien against the
non-marital property which | 9 | | received the contribution.
| 10 | | (d) In a proceeding for dissolution of marriage or | 11 | | declaration of invalidity
of marriage, or in a proceeding for | 12 | | disposition of property following
dissolution of marriage by a | 13 | | court which lacked personal jurisdiction over the
absent spouse | 14 | | or lacked jurisdiction to dispose of the property, the court
| 15 | | shall assign each spouse's non-marital property to that spouse. | 16 | | It also shall
divide the marital property without regard to | 17 | | marital misconduct in just
proportions considering all | 18 | | relevant factors, including:
| 19 | | (1) the contribution of each party to the acquisition, | 20 | | preservation, or
increase or decrease in value of the | 21 | | marital or non-marital property, including
(i) any such | 22 | | decrease attributable to a payment deemed to have been an | 23 | | advance from the parties' marital estate under subsection | 24 | | (c-1)(2) of Section 501 and (ii) the contribution of a | 25 | | spouse as a homemaker or to the family unit;
| 26 | | (2) the dissipation by each party of the marital or |
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| 1 | | non-marital property , provided that a party's claim of | 2 | | dissipation is subject to the following conditions: ;
| 3 | | (i) a notice of intent to claim dissipation shall | 4 | | be given no later than 60 days
before trial or 30 days | 5 | | after discovery closes, whichever is later; | 6 | | (ii) the notice of intent to claim dissipation | 7 | | shall contain, at a minimum, a date or period of time | 8 | | during which the marriage began undergoing an | 9 | | irretrievable breakdown, an identification of the | 10 | | property dissipated, and a date or period of time | 11 | | during which the dissipation occurred; | 12 | | (iii) the notice of intent to claim dissipation | 13 | | shall be filed with the clerk of the court and be | 14 | | served pursuant to applicable rules; | 15 | | (iv) no dissipation shall be deemed to have | 16 | | occurred prior to 5 years before the filing of the | 17 | | petition for dissolution of marriage, or 3 years after | 18 | | the party
claiming dissipation knew or should have | 19 | | known of the dissipation;
| 20 | | (3) the value of the property assigned to each spouse;
| 21 | | (4) the duration of the marriage;
| 22 | | (5) the relevant economic circumstances of each spouse | 23 | | when the division
of property is to become effective, | 24 | | including the desirability of awarding
the family home, or | 25 | | the right to live therein for reasonable periods, to the
| 26 | | spouse having custody of the children;
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| 1 | | (6) any obligations and rights arising from a prior | 2 | | marriage
of either party;
| 3 | | (7) any antenuptial agreement of the parties;
| 4 | | (8) the age, health, station, occupation, amount and | 5 | | sources of income,
vocational skills, employability, | 6 | | estate, liabilities, and needs of each of the
parties;
| 7 | | (9) the custodial provisions for any children;
| 8 | | (10) whether the apportionment is in lieu of or in | 9 | | addition to
maintenance;
| 10 | | (11) the reasonable opportunity of each spouse for | 11 | | future acquisition
of capital assets and income; and
| 12 | | (12) the tax consequences of the property division upon | 13 | | the
respective economic circumstances of the parties.
| 14 | | (e) Each spouse has a species of common ownership in the | 15 | | marital property
which vests at the time dissolution | 16 | | proceedings are commenced and continues
only during the | 17 | | pendency of the action. Any such interest in marital property
| 18 | | shall not encumber that property so as to restrict its | 19 | | transfer, assignment
or conveyance by the title holder unless | 20 | | such title holder is specifically
enjoined from making such | 21 | | transfer, assignment or conveyance.
| 22 | | (f) In a proceeding for dissolution of marriage or | 23 | | declaration of
invalidity of marriage or in a proceeding for | 24 | | disposition of property
following dissolution of marriage by a | 25 | | court that lacked personal
jurisdiction over the absent spouse | 26 | | or lacked jurisdiction to dispose of
the property, the court, |
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| 1 | | in determining the value of the marital and
non-marital | 2 | | property for purposes of dividing the property, shall value the
| 3 | | property as of the date of trial or some other date as close to | 4 | | the date
of trial as is practicable.
| 5 | | (g) The court if necessary to protect and promote the best | 6 | | interests of the
children may set aside a portion of the | 7 | | jointly or separately held
estates of the parties in a separate | 8 | | fund or trust for the support,
maintenance, education, physical | 9 | | and mental health, and general welfare of any minor, dependent,
| 10 | | or incompetent child of the parties. In making a determination | 11 | | under this
subsection, the court may consider, among other | 12 | | things, the conviction of a
party of any of the offenses set | 13 | | forth in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | 14 | | 12-3.3, 12-4, 12-4.1,
12-4.2, 12-4.3,
12-13, 12-14, 12-14.1, | 15 | | 12-15, or 12-16, or Section 12-3.05 except for subdivision | 16 | | (a)(4) or (g)(1), of the Criminal Code of 1961 if the
victim is | 17 | | a
child of one or both of the parties, and there is a need for, | 18 | | and cost of,
care, healing and counseling for the child who is | 19 | | the victim of the crime.
| 20 | | (h) Unless specifically directed by a reviewing court, or | 21 | | upon good
cause shown, the court shall not on remand consider | 22 | | any increase or
decrease in the value of any "marital" or | 23 | | "non-marital" property occurring
since the assessment of such | 24 | | property at the original trial or hearing, but
shall use only | 25 | | that assessment made at the original trial or hearing.
| 26 | | (i) The court may make such judgments affecting the marital |
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| 1 | | property
as may be just and may enforce such judgments by | 2 | | ordering a sale of marital
property, with proceeds therefrom to | 3 | | be applied as determined by the court.
| 4 | | (j) After proofs have closed in the final hearing on all | 5 | | other issues
between the parties (or in conjunction with the | 6 | | final hearing, if all parties
so stipulate) and before judgment | 7 | | is entered, a party's petition for
contribution to fees and | 8 | | costs incurred in the proceeding shall be heard and
decided, in | 9 | | accordance with the following provisions:
| 10 | | (1) A petition for contribution, if not filed before | 11 | | the final hearing
on other issues between the parties, | 12 | | shall be filed no later than 30 days after
the closing of | 13 | | proofs in the final hearing or within such other period as | 14 | | the
court orders.
| 15 | | (2) Any award of contribution to one party from the | 16 | | other party shall be
based on the criteria for division of | 17 | | marital property under this Section 503
and, if maintenance | 18 | | has been awarded, on the criteria for an award of
| 19 | | maintenance under Section 504.
| 20 | | (3) The filing of a petition for contribution shall not | 21 | | be deemed to
constitute a waiver of the attorney-client | 22 | | privilege between the petitioning
party and current or | 23 | | former counsel; and such a waiver shall not constitute a
| 24 | | prerequisite to a hearing for contribution. If either | 25 | | party's presentation on
contribution, however, includes | 26 | | evidence within the scope of the
attorney-client |
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| 1 | | privilege, the disclosure or disclosures shall be narrowly
| 2 | | construed and shall not be deemed by the court to | 3 | | constitute a general waiver
of the privilege as to matters | 4 | | beyond the scope of the presentation.
| 5 | | (4) No finding on which a contribution award is based | 6 | | or denied shall be
asserted against counsel or former | 7 | | counsel for purposes of any hearing under
subsection (c) or | 8 | | (e) of Section 508.
| 9 | | (5) A contribution award (payable to either the | 10 | | petitioning
party or the party's counsel, or jointly, as | 11 | | the court determines) may be in
the form of either a set | 12 | | dollar amount or a percentage of fees and costs (or a
| 13 | | portion of fees and costs) to be subsequently agreed upon | 14 | | by the petitioning
party and counsel or, alternatively, | 15 | | thereafter determined in a hearing
pursuant to subsection | 16 | | (c) of Section 508 or previously or thereafter
determined | 17 | | in an independent proceeding under subsection (e) of | 18 | | Section
508.
| 19 | | (6) The changes to this Section 503 made by this | 20 | | amendatory Act of 1996
apply to cases pending on or after | 21 | | June 1, 1997, except as otherwise provided
in Section 508.
| 22 | | The changes made to this Section by this amendatory Act of | 23 | | the 97th General Assembly apply only to petitions for | 24 | | dissolution of marriage filed on or after the effective date of | 25 | | this amendatory Act of the 97th General Assembly. | 26 | | (Source: P.A. 95-374, eff. 1-1-08; 96-583, eff. 1-1-10; |
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| 1 | | 96-1551, Article 1, Section 985, eff. 7-1-11; 96-1551, Article | 2 | | 2, Section 1100, eff. 7-1-11; 97-608, eff. 1-1-12; revised | 3 | | 9-26-11.)
| 4 | | (750 ILCS 5/505) (from Ch. 40, par. 505)
| 5 | | Sec. 505. Child support; contempt; penalties.
| 6 | | (a) In a proceeding for dissolution of marriage, legal | 7 | | separation,
declaration of invalidity of marriage, a | 8 | | proceeding for child support
following dissolution of the | 9 | | marriage by a court that which lacked personal
jurisdiction | 10 | | over the absent spouse, a proceeding for modification of a
| 11 | | previous order for child support under Section 510 of this Act, | 12 | | or any
proceeding authorized under Section 501 or 601 of this | 13 | | Act, the court may
order either or both parents owing a duty of | 14 | | support to a child of the
marriage to pay an amount reasonable | 15 | | and necessary for the support of the child his support , without
| 16 | | regard to marital misconduct. The duty of support owed to a | 17 | | child
includes the obligation to provide for the reasonable and | 18 | | necessary educational,
physical, mental and emotional health | 19 | | needs of the child.
For purposes of this Section, the term | 20 | | "child" shall include any child under
age 18 and
any child | 21 | | under age 19 who is still attending high school.
| 22 | | (1) The Court shall determine the minimum amount of | 23 | | support by using the
following guidelines:
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24 | | Number of Children |
Percent of Supporting Party's |
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25 | | |
Net Income |
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| 1 | | 1 |
20% |
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2 | | 2 |
28% |
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3 | | 3 |
32% |
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4 | | 4 |
40% |
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5 | | 5 |
45% |
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6 | | 6 or more |
50% |
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7 | | (2) The above guidelines shall be applied in each case | 8 | | unless the court finds that a deviation from the guidelines | 9 | | is appropriate after considering the best interest of the | 10 | | child in light of the evidence, including, but not limited | 11 | | to,
makes a finding that application of the guidelines | 12 | | would be
inappropriate, after considering the best | 13 | | interests of the child in light of
evidence including but | 14 | | not limited to one or more of the following relevant
| 15 | | factors:
| 16 | | (a) the financial resources and needs of the child;
| 17 | | (b) the financial resources and needs of the | 18 | | custodial parent;
| 19 | | (c) the standard of living the child would have | 20 | | enjoyed had the
marriage not been dissolved;
| 21 | | (d) the physical , mental, and emotional needs | 22 | | condition of the child , and his
educational needs ; and
| 23 | | (d-5) the educational needs of the child; and
| 24 | | (e) the financial resources and needs of the | 25 | | non-custodial parent.
| 26 | | If the court deviates from the guidelines, the court's |
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| 1 | | finding
shall state the amount of support that would have | 2 | | been required under the
guidelines, if determinable. The | 3 | | court shall include the reason or reasons for
the variance | 4 | | from the
guidelines.
| 5 | | (2.5) The court, in its discretion, in addition to | 6 | | setting child support pursuant to the guidelines and | 7 | | factors, may order either or both parents owing a duty of | 8 | | support to a child of the marriage to contribute to the | 9 | | following expenses, if determined by the court to be | 10 | | reasonable: | 11 | | (a) health needs not covered by insurance; | 12 | | (b) child care; | 13 | | (c) education; and | 14 | | (d) extracurricular activities.
| 15 | | (3) "Net income" is defined as the total of all income | 16 | | from all
sources, minus the following deductions:
| 17 | | (a) Federal income tax (properly calculated | 18 | | withholding or estimated
payments);
| 19 | | (b) State income tax (properly calculated | 20 | | withholding or estimated
payments);
| 21 | | (c) Social Security (FICA payments);
| 22 | | (d) Mandatory retirement contributions required by | 23 | | law or as a
condition of employment;
| 24 | | (e) Union dues;
| 25 | | (f) Dependent and individual | 26 | | health/hospitalization insurance premiums and life |
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| 1 | | insurance premiums for life insurance ordered by the | 2 | | court to reasonably secure child support or support | 3 | | ordered pursuant to Section 513, any such order to | 4 | | entail provisions on which the parties agree or, | 5 | | otherwise, in accordance with the limitations set | 6 | | forth in subsection 504(f)(1) and (2);
| 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 arm's 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.
Notwithstanding any other State or local law to the | 4 | | contrary, a lien arises by operation of law against the real | 5 | | and personal property of
the noncustodial parent for each | 6 | | installment of overdue support owed by the
noncustodial parent.
| 7 | | (e) When child support is to be paid through the clerk of | 8 | | the court in a
county of 1,000,000 inhabitants or less, the | 9 | | order shall direct the obligor
to pay to the clerk, in addition | 10 | | to the child support payments, all fees
imposed by the county | 11 | | board under paragraph (3) of subsection (u) of
Section 27.1 of | 12 | | the Clerks of Courts Act. Unless paid in cash or pursuant to
an | 13 | | order for withholding, the payment of the fee shall be by a | 14 | | separate
instrument from the support payment and shall be made | 15 | | to the order of the
Clerk.
| 16 | | (f) All orders for support, when entered or
modified, shall | 17 | | include a provision requiring the obligor to notify
the court | 18 | | and, in cases in which a party is receiving child and spouse
| 19 | | services under Article X of the Illinois Public Aid Code, the
| 20 | | Department of Healthcare and Family Services, within 7 days, | 21 | | (i) of the name and address
of any new employer of the obligor, | 22 | | (ii) whether the obligor has access to
health insurance | 23 | | coverage through the employer or other group coverage and,
if | 24 | | so, the policy name and number and the names of persons covered | 25 | | under
the policy, and (iii) of any new residential or mailing | 26 | | address or telephone
number of the non-custodial parent. In any |
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| 1 | | subsequent action to enforce a
support order, upon a sufficient | 2 | | showing that a diligent effort has been made
to ascertain the | 3 | | location of the non-custodial parent, service of process or
| 4 | | provision of notice necessary in the case may be made at the | 5 | | last known
address of the non-custodial parent in any manner | 6 | | expressly provided by the
Code of Civil Procedure or this Act, | 7 | | which service shall be sufficient for
purposes of due process.
| 8 | | (g) An order for support shall include a date on which the | 9 | | current
support obligation terminates. The termination date | 10 | | shall be no earlier than
the date on which the child covered by | 11 | | the order will attain the age of
18. However, if the child will | 12 | | not graduate from high school until after
attaining the age of | 13 | | 18, then the termination date shall be no earlier than the
| 14 | | earlier of the date on which the child's high school graduation | 15 | | will occur or
the date on which the child will attain the age | 16 | | of 19. The order for support
shall state that the termination | 17 | | date does not apply to any arrearage that may
remain unpaid on | 18 | | that date. Nothing in this subsection shall be construed to
| 19 | | prevent the court from modifying the order or terminating the | 20 | | order in the
event the child is otherwise emancipated.
| 21 | | (g-5) If there is an unpaid arrearage or delinquency (as | 22 | | those terms are defined in the Income Withholding for Support | 23 | | Act) equal to at least one month's support obligation on the | 24 | | termination date stated in the order for support or, if there | 25 | | is no termination date stated in the order, on the date the | 26 | | child attains the age of majority or is otherwise emancipated, |
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| 1 | | the periodic amount required to be paid for current support of | 2 | | that child immediately prior to that date shall automatically | 3 | | continue to be an obligation, not as current support but as | 4 | | periodic payment toward satisfaction of the unpaid arrearage or | 5 | | delinquency. That periodic payment shall be in addition to any | 6 | | periodic payment previously required for satisfaction of the | 7 | | arrearage or delinquency. The total periodic amount to be paid | 8 | | toward satisfaction of the arrearage or delinquency may be | 9 | | enforced and collected by any method provided by law for | 10 | | enforcement and collection of child support, including but not | 11 | | limited to income withholding under the Income Withholding for | 12 | | Support Act. Each order for support entered or modified on or | 13 | | after the effective date of this amendatory Act of the 93rd | 14 | | General Assembly must contain a statement notifying the parties | 15 | | of the requirements of this subsection. Failure to include the | 16 | | statement in the order for support does not affect the validity | 17 | | of the order or the operation of the provisions of this | 18 | | subsection with regard to the order. This subsection shall not | 19 | | be construed to prevent or affect the establishment or | 20 | | modification of an order for support of a minor child or the | 21 | | establishment or modification of an order for support of a | 22 | | non-minor child or educational expenses under Section 513 of | 23 | | this Act.
| 24 | | (h) An order entered under this Section shall include a | 25 | | provision requiring
the obligor to report to the obligee and to | 26 | | the clerk of court within 10 days
each time the obligor obtains |
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| 1 | | new employment, and each time the obligor's
employment is | 2 | | terminated for any reason. The report shall be in writing and
| 3 | | shall, in the case of new employment, include the name and | 4 | | address of the new
employer. Failure to report new employment | 5 | | or the termination of current
employment, if coupled with | 6 | | nonpayment of support for a period in excess of 60
days, is | 7 | | indirect criminal contempt. For any obligor arrested for | 8 | | failure to
report new employment bond shall be set in the | 9 | | amount of the child support that
should have been paid during | 10 | | the period of unreported employment. An order
entered under | 11 | | this Section shall also include a provision requiring the | 12 | | obligor
and obligee parents to advise each other of a change in | 13 | | residence within 5 days
of the change except when the court | 14 | | finds that the physical, mental, or
emotional health of a party | 15 | | or that of a child, or both, would be
seriously endangered by | 16 | | disclosure of the party's address.
| 17 | | (i) The court does not lose the powers of contempt, | 18 | | driver's license
suspension, or other child support | 19 | | enforcement mechanisms, including, but
not limited to, | 20 | | criminal prosecution as set forth in this Act, upon the
| 21 | | emancipation of the minor child or children.
| 22 | | (Source: P.A. 96-1134, eff. 7-21-10; 97-186, eff. 7-22-11; | 23 | | 97-608, eff. 1-1-12; revised 10-4-11.)".
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