Full Text of HB0011 98th General Assembly
HB0011ham002 98TH GENERAL ASSEMBLY | Rep. Mary E. Flowers Filed: 3/19/2013
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| 1 | | AMENDMENT TO HOUSE BILL 11
| 2 | | AMENDMENT NO. ______. Amend House Bill 11 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Public Utilities Act is amended by adding | 5 | | Section 8-206.5 as follows: | 6 | | (220 ILCS 5/8-206.5 new) | 7 | | Sec. 8-206.5. Residential hardship programs. All public | 8 | | utilities shall give notice and shall supply information about | 9 | | any program the public utility has concerning a customer's | 10 | | difficulty in paying their utility bill. If a customer contacts | 11 | | a public utility concerning the customer's difficulty in paying | 12 | | their utility bill, then the public utility shall offer to | 13 | | connect a qualifying low-income customer to the Low Income | 14 | | Energy Assistance Program managed by the Community and Economic | 15 | | Development Association. The public utility shall inform the | 16 | | qualifying low-income customer that the Low Income Energy |
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| 1 | | Assistance Program is designed to assist income-eligible | 2 | | households with winter energy services in the form of a | 3 | | one-time benefit payment to the public utilities. Each public | 4 | | utility shall post information concerning the Low Income Energy | 5 | | Assistance Program on its websites and the information shall be | 6 | | made available upon a customer's request. | 7 | | Section 10. The Pharmacy Practice Act is amended by adding | 8 | | Section 26.5 as follows: | 9 | | (225 ILCS 85/26.5 new) | 10 | | Sec. 26.5. Unemployed persons. A pharmacy or pharmacist | 11 | | that receives federal or State funds may not refuse to dispense | 12 | | prescription medication to a person who is receiving | 13 | | unemployment benefits. If a person can furnish evidence of the | 14 | | receipt of unemployment benefits, then the pharmacy or | 15 | | pharmacist is required to give that person his or her | 16 | | prescription and provide the person with information about | 17 | | prescription assistance programs, such as Rx for Illinois. Upon | 18 | | learning that a customer is receiving unemployment benefits and | 19 | | providing the customer with information on prescription | 20 | | assistance programs, the pharmacy or pharmacist shall not | 21 | | refuse to dispense prescription medication for 30 days, giving | 22 | | the customer time to sign up for such a program. | 23 | | Section 15. The Code of Civil Procedure is amended by |
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| 1 | | changing Section 15-1508 as follows: | 2 | | (735 ILCS 5/15-1508) (from Ch. 110, par. 15-1508) | 3 | | (Text of Section before amendment by P.A. 97-1164 ) | 4 | | Sec. 15-1508. Report of Sale and Confirmation of Sale. | 5 | | (a) Report. The person conducting the sale shall promptly | 6 | | make a report to
the court, which report shall include a copy | 7 | | of all receipts and, if any,
certificate of sale. | 8 | | (b) Hearing. Upon motion and notice in accordance with | 9 | | court rules
applicable to motions generally, which motion shall | 10 | | not be made prior to
sale, the court shall conduct a hearing to
| 11 | | confirm the sale. Unless the court finds that (i) a notice | 12 | | required in
accordance with subsection (c) of Section 15-1507 | 13 | | was not given, (ii) the
terms of sale were unconscionable, | 14 | | (iii) the sale was conducted
fraudulently, or (iv) justice was | 15 | | otherwise not done, the court shall
then enter an order | 16 | | confirming the sale. The confirmation order shall include a | 17 | | name, address, and telephone number of the holder of the | 18 | | certificate of sale or deed issued pursuant to that certificate | 19 | | or, if no certificate or deed was issued, the purchaser, whom a | 20 | | municipality or county may contact with concerns about the real | 21 | | estate. The confirmation order may
also: | 22 | | (1) approve the mortgagee's fees and costs arising | 23 | | between the entry of
the judgment of foreclosure and the | 24 | | confirmation hearing, those costs and
fees to be allowable | 25 | | to the same extent as provided in the note and mortgage
and |
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| 1 | | in Section 15-1504; | 2 | | (2) provide for a personal judgment against any party | 3 | | for a deficiency;
and | 4 | | (3) determine the priority of the judgments of parties | 5 | | who deferred proving
the priority pursuant to subsection | 6 | | (h) of Section 15-1506, but
the court shall not
defer | 7 | | confirming the sale pending the determination of such | 8 | | priority. | 9 | | (b-5) Notice with respect to residential real estate. With | 10 | | respect to residential real estate, the notice required under | 11 | | subsection (b) of this Section shall be sent to the mortgagor | 12 | | even if the mortgagor has previously been held in default. In | 13 | | the event the mortgagor has filed an appearance, the notice | 14 | | shall be sent to the address indicated on the appearance. In | 15 | | all other cases, the notice shall be sent to the mortgagor at | 16 | | the common address of the foreclosed property. The notice shall | 17 | | be sent by first class mail. Unless the right to possession has | 18 | | been previously terminated by the court, the notice shall | 19 | | include the following language in 12-point boldface | 20 | | capitalized type: | 21 | | IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO | 22 | | REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF | 23 | | POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE | 24 | | ILLINOIS MORTGAGE FORECLOSURE LAW. | 25 | | (b-10) Notice of confirmation order sent to municipality or | 26 | | county. A copy of the confirmation order required under |
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| 1 | | subsection (b) shall be sent to the municipality in which the | 2 | | foreclosed property is located, or to the county within the | 3 | | boundary of which the foreclosed property is located if the | 4 | | foreclosed property is located in an unincorporated territory. | 5 | | A municipality or county must clearly publish on its website a | 6 | | single address to which such notice shall be sent. If a | 7 | | municipality or county does not maintain a website, then the | 8 | | municipality or county must publicly post in its main office a | 9 | | single address to which such notice shall be sent. In the event | 10 | | that a municipality or county has not complied with the | 11 | | publication requirement in this subsection (b-10), then such | 12 | | notice to the municipality or county shall be provided pursuant | 13 | | to Section 2-211 of the Code of Civil Procedure. | 14 | | (c) Failure to Give Notice. If any sale is held without | 15 | | compliance with
subsection (c) of Section 15-1507 of this | 16 | | Article, any party entitled to
the notice provided for in | 17 | | paragraph (3) of that subsection
(c) who was not so notified | 18 | | may, by motion supported by affidavit
made prior to | 19 | | confirmation of such sale, ask the court which entered the
| 20 | | judgment to set aside the sale. Any such party shall guarantee | 21 | | or secure by bond a bid equal to the successful bid at the | 22 | | prior sale, unless the party seeking to set aside the sale is | 23 | | the mortgagor, the real estate sold at the sale is residential | 24 | | real estate, and the mortgagor occupies the residential real | 25 | | estate at the time the motion is filed. In that event, no | 26 | | guarantee or bond shall be required of the mortgagor. Any
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| 1 | | subsequent sale is subject to the same notice requirement as | 2 | | the original sale. | 3 | | (d) Validity of Sale. Except as provided in subsection (c) | 4 | | of Section
15-1508, no sale under this Article shall be held | 5 | | invalid or be set aside
because of any defect in the notice | 6 | | thereof or in the publication of the
same, or in the | 7 | | proceedings of the officer conducting the sale, except upon
| 8 | | good cause shown in a hearing pursuant to subsection (b) of | 9 | | Section
15-1508. At any time after a sale has occurred, any | 10 | | party entitled to
notice under paragraph (3) of subsection (c) | 11 | | of Section 15-1507 may recover
from the mortgagee any damages | 12 | | caused by the mortgagee's failure to comply
with such paragraph | 13 | | (3). Any party who recovers damages in a judicial
proceeding | 14 | | brought under this subsection may also recover from the
| 15 | | mortgagee the reasonable expenses of litigation, including | 16 | | reasonable attorney's fees. | 17 | | (d-5) Making Home Affordable Program. The court that | 18 | | entered the judgment shall set aside a sale held pursuant to | 19 | | Section 15-1507, upon motion of the mortgagor at any time prior | 20 | | to the confirmation of the sale, if the mortgagor proves by a | 21 | | preponderance of the evidence that (i) the mortgagor has | 22 | | applied for assistance under the Making Home Affordable Program | 23 | | established by the United States Department of the Treasury | 24 | | pursuant to the Emergency Economic Stabilization Act of 2008, | 25 | | as amended by the American Recovery and Reinvestment Act of | 26 | | 2009, and (ii) the mortgaged real estate was sold in material |
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| 1 | | violation of the program's requirements for proceeding to a | 2 | | judicial sale. The provisions of this subsection (d-5), except | 3 | | for this sentence, shall become inoperative on January 1, 2014 | 4 | | for all actions filed under this Article after December 31, | 5 | | 2013, in which the mortgagor did not apply for assistance under | 6 | | the Making Home Affordable Program on or before December 31, | 7 | | 2013. | 8 | | (d-10) Illinois Hardest Hit Program. The court that entered | 9 | | the judgment shall set aside a sale held pursuant to Section | 10 | | 15-1507 of this Act, upon motion of the mortgagor at any time | 11 | | prior to the confirmation of the sale, if the mortgagor proves | 12 | | by a preponderance of the evidence that (i) the mortgagor is | 13 | | receiving assistance under the Illinois Hardest Hit Program as | 14 | | created by 12 U.S.C. 5211 and 12 U.S.C. 5219, and administered | 15 | | by the Illinois Housing Development Authority pursuant to the | 16 | | Illinois Housing Development Act and (ii) the assistance | 17 | | received under part (i) of this subsection has enabled the | 18 | | mortgagor to reinstate the mortgage pursuant to Section 15-1602 | 19 | | of this Act and make continuing mortgage payments as available | 20 | | under the Illinois Hardest Hit Program to avoid default. | 21 | | Nothing in this subsection shall prohibit the mortgagee from | 22 | | proceeding in the foreclosure action upon a subsequent default | 23 | | of the mortgagor. Except for this sentence, this subsection is | 24 | | inoperative on and after January 1, 2017 for all actions filed | 25 | | under this Article after December 31, 2016 in which the | 26 | | mortgagor did not begin receiving the assistance described in |
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| 1 | | this subsection under the Illinois Hardest Hit Program on or | 2 | | before December 31, 2016. | 3 | | Upon receiving notice of foreclosure, a person receiving | 4 | | unemployment benefits may apply to the court requesting that it | 5 | | enjoin the foreclosure. The court shall grant the injunction if | 6 | | the person can provide evidence that they are receiving such | 7 | | benefits. The court may, in its discretion, issue an order | 8 | | requiring that the mortgagor apply for assistance from the | 9 | | Illinois Hardest Hit Program. | 10 | | (e) Deficiency Judgment. In any order confirming a sale | 11 | | pursuant to the
judgment of foreclosure, the court shall also | 12 | | enter a personal judgment
for deficiency against any party (i) | 13 | | if otherwise authorized and (ii) to
the extent requested in the | 14 | | complaint and proven upon presentation of the
report of sale in | 15 | | accordance with Section 15-1508. Except as otherwise provided
| 16 | | in this Article, a judgment may be entered for any balance of | 17 | | money that
may be found due to the plaintiff, over and above | 18 | | the proceeds of the sale
or sales, and enforcement may be had | 19 | | for the collection of such balance,
the same as when the | 20 | | judgment is solely for the payment of money. Such
judgment may | 21 | | be entered, or enforcement had,
only in cases where personal | 22 | | service has been had upon the
persons personally liable for the | 23 | | mortgage indebtedness, unless they have
entered their | 24 | | appearance in the foreclosure action. | 25 | | (f) Satisfaction. Upon confirmation of the sale, the
| 26 | | judgment stands satisfied to the extent of the sale price less |
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| 1 | | expenses and
costs. If the order confirming the sale includes a | 2 | | deficiency judgment, the
judgment shall become a lien in the | 3 | | manner of any other
judgment for the payment of money. | 4 | | (g) The order confirming the sale shall include, | 5 | | notwithstanding any
previous orders awarding possession during | 6 | | the pendency of the foreclosure, an
award to the purchaser of | 7 | | possession of the mortgaged real estate, as of the
date 30 days | 8 | | after the entry of the order, against the
parties to the | 9 | | foreclosure whose interests have been terminated. | 10 | | An order of possession authorizing the removal of a person | 11 | | from possession
of the mortgaged real estate shall be entered | 12 | | and enforced only against those
persons personally
named as | 13 | | individuals in the complaint or the petition under subsection | 14 | | (h)
of Section 15-1701 and in the order of possession and shall
| 15 | | not be entered and enforced against any person who is only | 16 | | generically
described as an
unknown owner or nonrecord claimant | 17 | | or by another generic designation in the
complaint. | 18 | | Notwithstanding the preceding paragraph, the failure to | 19 | | personally
name,
include, or seek an award of
possession of the | 20 | | mortgaged real estate against a person in the
confirmation | 21 | | order shall not abrogate any right that the purchaser may have | 22 | | to
possession of the mortgaged real estate and to maintain a | 23 | | proceeding against
that person for
possession under Article 9 | 24 | | of this Code or subsection (h) of Section 15-1701;
and | 25 | | possession against a person
who (1) has not been personally | 26 | | named as a party to the
foreclosure and (2) has not been |
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| 1 | | provided an opportunity to be heard in the
foreclosure | 2 | | proceeding may be sought only by maintaining a
proceeding under | 3 | | Article 9 of this
Code or subsection (h) of Section 15-1701. | 4 | | (h) With respect to mortgaged real estate containing 5 or | 5 | | more dwelling units, the order confirming the sale shall also | 6 | | provide that (i) the mortgagor shall transfer to the purchaser | 7 | | the security deposits, if any, that the mortgagor received to | 8 | | secure payment of rent or to compensate for damage to the | 9 | | mortgaged real estate from any current occupant of a dwelling | 10 | | unit of the mortgaged real estate, as well as any statutory | 11 | | interest that has not been paid to the occupant, and (ii) the | 12 | | mortgagor shall provide an accounting of the security deposits | 13 | | that are transferred, including the name and address of each | 14 | | occupant for whom the mortgagor holds the deposit and the | 15 | | amount of the deposit and any statutory interest. | 16 | | (Source: P.A. 96-265, eff. 8-11-09; 96-856, eff. 3-1-10; | 17 | | 96-1245, eff. 7-23-10; 97-333, eff. 8-12-11; 97-575, eff. | 18 | | 8-26-11; 97-1159, eff. 1-29-13.) | 19 | | (Text of Section after amendment by P.A. 97-1164 ) | 20 | | Sec. 15-1508. Report of Sale and Confirmation of Sale. | 21 | | (a) Report. The person conducting the sale shall promptly | 22 | | make a report to
the court, which report shall include a copy | 23 | | of all receipts and, if any,
certificate of sale. | 24 | | (b) Hearing. Upon motion and notice in accordance with | 25 | | court rules
applicable to motions generally, which motion shall |
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| 1 | | not be made prior to
sale, the court shall conduct a hearing to
| 2 | | confirm the sale. Unless the court finds that (i) a notice | 3 | | required in
accordance with subsection (c) of Section 15-1507 | 4 | | was not given, (ii) the
terms of sale were unconscionable, | 5 | | (iii) the sale was conducted
fraudulently, or (iv) justice was | 6 | | otherwise not done, the court shall
then enter an order | 7 | | confirming the sale. The confirmation order shall include a | 8 | | name, address, and telephone number of the holder of the | 9 | | certificate of sale or deed issued pursuant to that certificate | 10 | | or, if no certificate or deed was issued, the purchaser, whom a | 11 | | municipality or county may contact with concerns about the real | 12 | | estate. The confirmation order may
also: | 13 | | (1) approve the mortgagee's fees and costs arising | 14 | | between the entry of
the judgment of foreclosure and the | 15 | | confirmation hearing, those costs and
fees to be allowable | 16 | | to the same extent as provided in the note and mortgage
and | 17 | | in Section 15-1504; | 18 | | (2) provide for a personal judgment against any party | 19 | | for a deficiency;
and | 20 | | (3) determine the priority of the judgments of parties | 21 | | who deferred proving
the priority pursuant to subsection | 22 | | (h) of Section 15-1506, but
the court shall not
defer | 23 | | confirming the sale pending the determination of such | 24 | | priority. | 25 | | (b-3) Hearing to confirm sale of abandoned residential | 26 | | property. Upon motion and notice by first-class mail to the |
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| 1 | | last known address of the mortgagor, which motion shall be made | 2 | | prior to the sale and heard by the court at the earliest | 3 | | practicable time after conclusion of the sale, and upon the | 4 | | posting at the property address of the notice required by | 5 | | paragraph (2) of subsection (l) of Section 15-1505.8, the court | 6 | | shall enter an order confirming the sale of the abandoned | 7 | | residential property, unless the court finds that a reason set | 8 | | forth in items (i) through (iv) of subsection (b) of this | 9 | | Section exists for not approving the sale, or an order is | 10 | | entered pursuant to subsection (h) of Section 15-1505.8. The | 11 | | confirmation order also may address the matters identified in | 12 | | items (1) through (3) of subsection (b) of this Section. The | 13 | | notice required under subsection (b-5) of this Section shall | 14 | | not be required. | 15 | | (b-5) Notice with respect to residential real estate. With | 16 | | respect to residential real estate, the notice required under | 17 | | subsection (b) of this Section shall be sent to the mortgagor | 18 | | even if the mortgagor has previously been held in default. In | 19 | | the event the mortgagor has filed an appearance, the notice | 20 | | shall be sent to the address indicated on the appearance. In | 21 | | all other cases, the notice shall be sent to the mortgagor at | 22 | | the common address of the foreclosed property. The notice shall | 23 | | be sent by first class mail. Unless the right to possession has | 24 | | been previously terminated by the court, the notice shall | 25 | | include the following language in 12-point boldface | 26 | | capitalized type: |
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| 1 | | IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO | 2 | | REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF | 3 | | POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE | 4 | | ILLINOIS MORTGAGE FORECLOSURE LAW. | 5 | | (b-10) Notice of confirmation order sent to municipality or | 6 | | county. A copy of the confirmation order required under | 7 | | subsection (b) shall be sent to the municipality in which the | 8 | | foreclosed property is located, or to the county within the | 9 | | boundary of which the foreclosed property is located if the | 10 | | foreclosed property is located in an unincorporated territory. | 11 | | A municipality or county must clearly publish on its website a | 12 | | single address to which a copy of the order shall be sent. If a | 13 | | municipality or county does not maintain a website, then the | 14 | | municipality or county must publicly post in its main office a | 15 | | single address to which a copy of the order shall be sent. In | 16 | | the event that a municipality or county has not complied with | 17 | | the publication requirement in this subsection (b-10), then a | 18 | | copy of the order shall be sent by first class mail, postage | 19 | | prepaid, to the chairperson of the county board or county clerk | 20 | | in the case of a county, to the mayor or city clerk in the case | 21 | | of a city, to the president of the board of trustees or village | 22 | | clerk in the case of a village, or to the president or town | 23 | | clerk in the case of a town. | 24 | | (b-15) Notice of confirmation order sent to known insurers. | 25 | | With respect to residential real estate, the party filing the | 26 | | complaint shall send a copy of the confirmation order required |
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| 1 | | under subsection (b) by first class mail, postage prepaid, to | 2 | | the last known property insurer of the foreclosed property. | 3 | | Failure to send or receive a copy of the order shall not impair | 4 | | or abrogate in any way the rights of the mortgagee or purchaser | 5 | | or affect the status of the foreclosure proceedings. | 6 | | (c) Failure to Give Notice. If any sale is held without | 7 | | compliance with
subsection (c) of Section 15-1507 of this | 8 | | Article, any party entitled to
the notice provided for in | 9 | | paragraph (3) of that subsection
(c) who was not so notified | 10 | | may, by motion supported by affidavit
made prior to | 11 | | confirmation of such sale, ask the court which entered the
| 12 | | judgment to set aside the sale. Any such party shall guarantee | 13 | | or secure by bond a bid equal to the successful bid at the | 14 | | prior sale, unless the party seeking to set aside the sale is | 15 | | the mortgagor, the real estate sold at the sale is residential | 16 | | real estate, and the mortgagor occupies the residential real | 17 | | estate at the time the motion is filed. In that event, no | 18 | | guarantee or bond shall be required of the mortgagor. Any
| 19 | | subsequent sale is subject to the same notice requirement as | 20 | | the original sale. | 21 | | (d) Validity of Sale. Except as provided in subsection (c) | 22 | | of Section
15-1508, no sale under this Article shall be held | 23 | | invalid or be set aside
because of any defect in the notice | 24 | | thereof or in the publication of the
same, or in the | 25 | | proceedings of the officer conducting the sale, except upon
| 26 | | good cause shown in a hearing pursuant to subsection (b) of |
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| 1 | | Section
15-1508. At any time after a sale has occurred, any | 2 | | party entitled to
notice under paragraph (3) of subsection (c) | 3 | | of Section 15-1507 may recover
from the mortgagee any damages | 4 | | caused by the mortgagee's failure to comply
with such paragraph | 5 | | (3). Any party who recovers damages in a judicial
proceeding | 6 | | brought under this subsection may also recover from the
| 7 | | mortgagee the reasonable expenses of litigation, including | 8 | | reasonable attorney's fees. | 9 | | (d-5) Making Home Affordable Program. The court that | 10 | | entered the judgment shall set aside a sale held pursuant to | 11 | | Section 15-1507, upon motion of the mortgagor at any time prior | 12 | | to the confirmation of the sale, if the mortgagor proves by a | 13 | | preponderance of the evidence that (i) the mortgagor has | 14 | | applied for assistance under the Making Home Affordable Program | 15 | | established by the United States Department of the Treasury | 16 | | pursuant to the Emergency Economic Stabilization Act of 2008, | 17 | | as amended by the American Recovery and Reinvestment Act of | 18 | | 2009, and (ii) the mortgaged real estate was sold in material | 19 | | violation of the program's requirements for proceeding to a | 20 | | judicial sale. The provisions of this subsection (d-5), except | 21 | | for this sentence, shall become inoperative on January 1, 2014 | 22 | | for all actions filed under this Article after December 31, | 23 | | 2013, in which the mortgagor did not apply for assistance under | 24 | | the Making Home Affordable Program on or before December 31, | 25 | | 2013. | 26 | | (d-10) Illinois Hardest Hit Program. The court that entered |
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| 1 | | the judgment shall set aside a sale held pursuant to Section | 2 | | 15-1507 of this Act, upon motion of the mortgagor at any time | 3 | | prior to the confirmation of the sale, if the mortgagor proves | 4 | | by a preponderance of the evidence that (i) the mortgagor is | 5 | | receiving assistance under the Illinois Hardest Hit Program as | 6 | | created by 12 U.S.C. 5211 and 12 U.S.C. 5219, and administered | 7 | | by the Illinois Housing Development Authority pursuant to the | 8 | | Illinois Housing Development Act and (ii) the assistance | 9 | | received under part (i) of this subsection has enabled the | 10 | | mortgagor to reinstate the mortgage pursuant to Section 15-1602 | 11 | | of this Act and make continuing mortgage payments as available | 12 | | under the Illinois Hardest Hit Program to avoid default. | 13 | | Nothing in this subsection shall prohibit the mortgagee from | 14 | | proceeding in the foreclosure action upon a subsequent default | 15 | | of the mortgagor. Except for this sentence, this subsection is | 16 | | inoperative on and after January 1, 2017 for all actions filed | 17 | | under this Article after December 31, 2016 in which the | 18 | | mortgagor did not begin receiving the assistance described in | 19 | | this subsection under the Illinois Hardest Hit Program on or | 20 | | before December 31, 2016. | 21 | | Upon receiving notice of foreclosure, a person receiving | 22 | | unemployment benefits may apply to the court requesting that it | 23 | | enjoin the foreclosure. The court shall grant the injunction if | 24 | | the person can provide evidence that they are receiving such | 25 | | benefits. The court may, in its discretion, issue an order | 26 | | requiring that the mortgagor apply for assistance from the |
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| 1 | | Illinois Hardest Hit Program. | 2 | | (e) Deficiency Judgment. In any order confirming a sale | 3 | | pursuant to the
judgment of foreclosure, the court shall also | 4 | | enter a personal judgment
for deficiency against any party (i) | 5 | | if otherwise authorized and (ii) to
the extent requested in the | 6 | | complaint and proven upon presentation of the
report of sale in | 7 | | accordance with Section 15-1508. Except as otherwise provided
| 8 | | in this Article, a judgment may be entered for any balance of | 9 | | money that
may be found due to the plaintiff, over and above | 10 | | the proceeds of the sale
or sales, and enforcement may be had | 11 | | for the collection of such balance,
the same as when the | 12 | | judgment is solely for the payment of money. Such
judgment may | 13 | | be entered, or enforcement had,
only in cases where personal | 14 | | service has been had upon the
persons personally liable for the | 15 | | mortgage indebtedness, unless they have
entered their | 16 | | appearance in the foreclosure action. | 17 | | (f) Satisfaction. Upon confirmation of the sale, the
| 18 | | judgment stands satisfied to the extent of the sale price less | 19 | | expenses and
costs. If the order confirming the sale includes a | 20 | | deficiency judgment, the
judgment shall become a lien in the | 21 | | manner of any other
judgment for the payment of money. | 22 | | (g) The order confirming the sale shall include, | 23 | | notwithstanding any
previous orders awarding possession during | 24 | | the pendency of the foreclosure, an
award to the purchaser of | 25 | | possession of the mortgaged real estate, as of the
date 30 days | 26 | | after the entry of the order, against the
parties to the |
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| 1 | | foreclosure whose interests have been terminated. | 2 | | An order of possession authorizing the removal of a person | 3 | | from possession
of the mortgaged real estate shall be entered | 4 | | and enforced only against those
persons personally
named as | 5 | | individuals in the complaint or the petition under subsection | 6 | | (h)
of Section 15-1701 and in the order of possession and shall
| 7 | | not be entered and enforced against any person who is only | 8 | | generically
described as an
unknown owner or nonrecord claimant | 9 | | or by another generic designation in the
complaint. | 10 | | Notwithstanding the preceding paragraph, the failure to | 11 | | personally
name,
include, or seek an award of
possession of the | 12 | | mortgaged real estate against a person in the
confirmation | 13 | | order shall not abrogate any right that the purchaser may have | 14 | | to
possession of the mortgaged real estate and to maintain a | 15 | | proceeding against
that person for
possession under Article 9 | 16 | | of this Code or subsection (h) of Section 15-1701;
and | 17 | | possession against a person
who (1) has not been personally | 18 | | named as a party to the
foreclosure and (2) has not been | 19 | | provided an opportunity to be heard in the
foreclosure | 20 | | proceeding may be sought only by maintaining a
proceeding under | 21 | | Article 9 of this
Code or subsection (h) of Section 15-1701. | 22 | | (h) With respect to mortgaged real estate containing 5 or | 23 | | more dwelling units, the order confirming the sale shall also | 24 | | provide that (i) the mortgagor shall transfer to the purchaser | 25 | | the security deposits, if any, that the mortgagor received to | 26 | | secure payment of rent or to compensate for damage to the |
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| 1 | | mortgaged real estate from any current occupant of a dwelling | 2 | | unit of the mortgaged real estate, as well as any statutory | 3 | | interest that has not been paid to the occupant, and (ii) the | 4 | | mortgagor shall provide an accounting of the security deposits | 5 | | that are transferred, including the name and address of each | 6 | | occupant for whom the mortgagor holds the deposit and the | 7 | | amount of the deposit and any statutory interest. | 8 | | (Source: P.A. 96-265, eff. 8-11-09; 96-856, eff. 3-1-10; | 9 | | 96-1245, eff. 7-23-10; 97-333, eff. 8-12-11; 97-575, eff. | 10 | | 8-26-11; 97-1159, eff. 1-29-13; 97-1164, eff. 6-1-13; revised | 11 | | 2-22-13.) | 12 | | Section 20. The Illinois Marriage and Dissolution of | 13 | | Marriage Act is amended by changing Section 505 as follows:
| 14 | | (750 ILCS 5/505) (from Ch. 40, par. 505)
| 15 | | Sec. 505. Child support; contempt; penalties.
| 16 | | (a) In a proceeding for dissolution of marriage, legal | 17 | | separation,
declaration of invalidity of marriage, a | 18 | | proceeding for child support
following dissolution of the | 19 | | marriage by a court that lacked personal
jurisdiction over the | 20 | | absent spouse, a proceeding for modification of a
previous | 21 | | order for child support under Section 510 of this Act, or any
| 22 | | proceeding authorized under Section 501 or 601 of this Act, the | 23 | | court may
order either or both parents owing a duty of support | 24 | | to a child of the
marriage to pay an amount reasonable and |
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| 1 | | necessary for the support of the child, without
regard to | 2 | | marital misconduct. The duty of support owed to a child
| 3 | | includes the obligation to provide for the reasonable and | 4 | | necessary
educational, physical, mental and emotional health | 5 | | needs of the child.
For purposes of this Section, the term | 6 | | "child" shall include any child under
age 18 and
any child | 7 | | under age 19 who is still attending high school.
| 8 | | (1) The Court shall determine the minimum amount of | 9 | | support by using the
following guidelines:
|
|
10 | | Number of Children |
Percent of Supporting Party's |
|
11 | | |
Net Income |
|
12 | | 1 |
20% |
|
13 | | 2 |
28% |
|
14 | | 3 |
32% |
|
15 | | 4 |
40% |
|
16 | | 5 |
45% |
|
17 | | 6 or more |
50% |
|
18 | | (2) The above guidelines shall be applied in each case | 19 | | unless the court
finds that a deviation from the guidelines | 20 | | is appropriate after considering the best interest of the | 21 | | child in light of the evidence, including, but not limited | 22 | | to, one or more of the following relevant
factors:
| 23 | | (a) the financial resources and needs of the child;
| 24 | | (b) the financial resources and needs of the | 25 | | custodial parent;
| 26 | | (c) the standard of living the child would have |
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| 1 | | enjoyed had the
marriage not been dissolved;
| 2 | | (d) the physical, mental, and emotional needs of | 3 | | the child;
| 4 | | (d-5) the educational needs of the child; and
| 5 | | (e) the financial resources and needs of the | 6 | | non-custodial parent.
| 7 | | If the court deviates from the guidelines, the court's | 8 | | finding
shall state the amount of support that would have | 9 | | been required under the
guidelines, if determinable. The | 10 | | court shall include the reason or reasons for
the variance | 11 | | from the
guidelines.
| 12 | | (2.5) The court, in its discretion, in addition to | 13 | | setting child support pursuant to the guidelines and | 14 | | factors, may order either or both parents owing a duty of | 15 | | support to a child of the marriage to contribute to the | 16 | | following expenses, if determined by the court to be | 17 | | reasonable: | 18 | | (a) health needs not covered by insurance; | 19 | | (b) child care; | 20 | | (c) education; and | 21 | | (d) extracurricular activities.
| 22 | | (3) "Net income" is defined as the total of all income | 23 | | from all
sources, minus the following deductions:
| 24 | | (a) Federal income tax (properly calculated | 25 | | withholding or estimated
payments);
| 26 | | (b) State income tax (properly calculated |
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| 1 | | withholding or estimated
payments);
| 2 | | (c) Social Security (FICA payments);
| 3 | | (d) Mandatory retirement contributions required by | 4 | | law or as a
condition of employment;
| 5 | | (e) Union dues;
| 6 | | (f) Dependent and individual | 7 | | health/hospitalization insurance premiums and premiums | 8 | | for life insurance ordered by the court to reasonably | 9 | | secure payment of ordered child support;
| 10 | | (g) Prior obligations of support or maintenance | 11 | | actually paid pursuant
to a court order;
| 12 | | (h) Expenditures for repayment of debts that | 13 | | represent reasonable and
necessary expenses for the | 14 | | production of income, medical expenditures
necessary | 15 | | to preserve life or health, reasonable expenditures | 16 | | for the
benefit of the child and the other parent, | 17 | | exclusive of gifts. The court
shall reduce net income | 18 | | in determining the minimum amount of support to be
| 19 | | ordered only for the period that such payments are due | 20 | | and shall enter an
order containing provisions for its | 21 | | self-executing modification upon
termination of such | 22 | | payment period;
| 23 | | (i) Foster care payments paid by the Department of | 24 | | Children and Family Services for providing licensed | 25 | | foster care to a foster child.
| 26 | | (4) In cases where the court order provides for
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| 1 | | health/hospitalization insurance coverage pursuant to | 2 | | Section 505.2 of
this Act, the premiums for that insurance, | 3 | | or that portion of the premiums
for which the supporting | 4 | | party is responsible in the case of insurance
provided | 5 | | through an employer's health insurance plan where
the | 6 | | employer pays a portion of the premiums, shall be | 7 | | subtracted
from net income in determining the minimum | 8 | | amount of support to be ordered.
| 9 | | (4.5) In a proceeding for child support following | 10 | | dissolution of the
marriage by a court that lacked personal | 11 | | jurisdiction over the absent spouse,
and in which the court | 12 | | is requiring payment of support for the period before
the | 13 | | date an order for current support is entered, there is a | 14 | | rebuttable
presumption
that the supporting party's net | 15 | | income for the prior period was the same as his
or her net | 16 | | income at the time the order for current support is | 17 | | entered.
| 18 | | (5) If the net income cannot be determined because of | 19 | | default or any
other reason, the court shall order support | 20 | | in an amount considered
reasonable in the particular case. | 21 | | The final order in all cases shall
state the support level | 22 | | in dollar amounts.
However, if the
court finds that the | 23 | | child support amount cannot be expressed exclusively as a
| 24 | | dollar amount because all or a portion of the payor's net | 25 | | income is uncertain
as to source, time of payment, or | 26 | | amount, the court may order a percentage
amount of support |
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| 1 | | in addition to a specific dollar amount and enter
such | 2 | | other orders as may be necessary to determine and enforce, | 3 | | on a timely
basis, the applicable support ordered.
| 4 | | (6) If (i) the non-custodial parent was properly served | 5 | | with a request
for
discovery of financial information | 6 | | relating to the non-custodial parent's
ability to
provide | 7 | | child support, (ii) the non-custodial parent failed to | 8 | | comply with the
request,
despite having been ordered to do | 9 | | so by the court, and (iii) the non-custodial
parent is not | 10 | | present at the hearing to determine support despite having
| 11 | | received
proper notice, then any relevant financial | 12 | | information concerning the
non-custodial parent's ability | 13 | | to provide child support that was obtained
pursuant to
| 14 | | subpoena and proper notice shall be admitted into evidence | 15 | | without the need to
establish any further foundation for | 16 | | its admission.
| 17 | | (a-5) In an action to enforce an order for support based on | 18 | | the
respondent's failure
to make support payments as required | 19 | | by the order, notice of proceedings to
hold the respondent in | 20 | | contempt for that failure may be served on the
respondent by | 21 | | personal service or by regular mail addressed to the | 22 | | respondent's
last known address. The respondent's last known | 23 | | address may be determined from
records of the clerk of the | 24 | | court, from the Federal Case Registry of Child
Support Orders, | 25 | | or by any other reasonable means.
| 26 | | (b) Failure of either parent to comply with an order to pay |
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| 1 | | support shall
be punishable as in other cases of contempt. In | 2 | | addition to other
penalties provided by law the Court may, | 3 | | after finding the parent guilty
of contempt, order that the | 4 | | parent be:
| 5 | | (1) placed on probation with such conditions of | 6 | | probation as the Court
deems advisable;
| 7 | | (2) sentenced to periodic imprisonment for a period not | 8 | | to exceed 6
months; provided, however, that the Court may | 9 | | permit the parent to be
released for periods of time during | 10 | | the day or night to:
| 11 | | (A) work; or
| 12 | | (B) conduct a business or other self-employed | 13 | | occupation.
| 14 | | The Court may further order any part or all of the earnings | 15 | | of a parent
during a sentence of periodic imprisonment paid to | 16 | | the Clerk of the Circuit
Court or to the parent having custody | 17 | | or to the guardian having custody
of the children of the | 18 | | sentenced parent for the support of said
children until further | 19 | | order of the Court.
| 20 | | If either parent fails to pay support due to unemployment, | 21 | | then the court may not fine or sentence the parent to periodic | 22 | | imprisonment. | 23 | | If a parent who is found guilty of contempt for failure to | 24 | | comply with an order to pay support is a person who conducts a | 25 | | business or who is self-employed, the court in addition to | 26 | | other penalties provided by law may order that the parent do |
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| 1 | | one or more of the following: (i) provide to the court monthly | 2 | | financial statements showing income and expenses from the | 3 | | business or the self-employment; (ii) seek employment and | 4 | | report periodically to the court with a diary, listing, or | 5 | | other memorandum of his or her employment search efforts; or | 6 | | (iii) report to the Department of Employment Security for job | 7 | | search services to find employment that will be subject to | 8 | | withholding for child support. | 9 | | If there is a unity of interest and ownership sufficient to | 10 | | render no
financial separation between a non-custodial parent | 11 | | and another person or
persons or business entity, the court may | 12 | | pierce the ownership veil of the
person, persons, or business | 13 | | entity to discover assets of the non-custodial
parent held in | 14 | | the name of that person, those persons, or that business | 15 | | entity.
The following circumstances are sufficient to | 16 | | authorize a court to order
discovery of the assets of a person, | 17 | | persons, or business entity and to compel
the application of | 18 | | any discovered assets toward payment on the judgment for
| 19 | | support:
| 20 | | (1) the non-custodial parent and the person, persons, | 21 | | or business entity
maintain records together.
| 22 | | (2) the non-custodial parent and the person, persons, | 23 | | or business entity
fail to maintain an arm's length | 24 | | relationship between themselves with regard to
any assets.
| 25 | | (3) the non-custodial parent transfers assets to the | 26 | | person, persons,
or business entity with the intent to |
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| 1 | | perpetrate a fraud on the custodial
parent.
| 2 | | With respect to assets which
are real property, no order | 3 | | entered under this paragraph shall affect the
rights of bona | 4 | | fide purchasers, mortgagees, judgment creditors, or other lien
| 5 | | holders who acquire their interests in the property prior to | 6 | | the time a notice
of lis pendens pursuant to the Code of Civil | 7 | | Procedure or a copy of the order
is placed of record in the | 8 | | office of the recorder of deeds for the county in
which the | 9 | | real property is located.
| 10 | | The court may also order in cases where the parent is 90 | 11 | | days or more
delinquent in payment of support or has been | 12 | | adjudicated in arrears in an
amount equal to 90 days obligation | 13 | | or more, that the parent's Illinois driving
privileges be | 14 | | suspended until the court
determines that the parent is in | 15 | | compliance with the order of support.
The court may also order | 16 | | that the parent be issued a family financial
responsibility | 17 | | driving permit that would allow limited driving privileges for
| 18 | | employment and medical purposes in accordance with Section | 19 | | 7-702.1 of the
Illinois Vehicle Code. The clerk of the circuit | 20 | | court shall certify the order
suspending the driving privileges | 21 | | of the parent or granting the issuance of a
family financial | 22 | | responsibility driving permit to the Secretary of State on
| 23 | | forms prescribed by the Secretary. Upon receipt of the | 24 | | authenticated
documents, the Secretary of State shall suspend | 25 | | the parent's driving privileges
until further order of the | 26 | | court and shall, if ordered by the court, subject to
the |
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| 1 | | provisions of Section 7-702.1 of the Illinois Vehicle Code, | 2 | | issue a family
financial responsibility driving permit to the | 3 | | parent.
| 4 | | In addition to the penalties or punishment that may be | 5 | | imposed under this
Section, any person whose conduct | 6 | | constitutes a violation of Section 15 of the
Non-Support | 7 | | Punishment Act may be prosecuted under that Act, and a person
| 8 | | convicted under that Act may be sentenced in accordance with | 9 | | that Act. The
sentence may include but need not be limited to a | 10 | | requirement that the person
perform community service under | 11 | | Section 50 of that Act or participate in a work
alternative | 12 | | program under Section 50 of that Act. A person may not be | 13 | | required
to participate in a work alternative program under | 14 | | Section 50 of that Act if
the person is currently participating | 15 | | in a work program pursuant to Section
505.1 of this Act.
| 16 | | A support obligation, or any portion of a support | 17 | | obligation, which becomes
due and remains unpaid as of the end | 18 | | of each month, excluding the child support that was due for | 19 | | that month to the extent that it was not paid in that month, | 20 | | shall accrue simple interest as set forth in Section 12-109 of | 21 | | the Code of Civil Procedure.
An order for support entered or | 22 | | modified on or after January 1, 2006 shall
contain a statement | 23 | | that a support obligation required under the order, or any
| 24 | | portion of a support obligation required under the order, that | 25 | | becomes due and
remains unpaid as of the end of each month, | 26 | | excluding the child support that was due for that month to the |
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| 1 | | extent that it was not paid in that month, shall accrue simple | 2 | | interest as set forth in Section 12-109 of the Code of Civil | 3 | | Procedure. Failure to include the statement in the order for | 4 | | support does
not affect the validity of the order or the | 5 | | accrual of interest as provided in
this Section.
| 6 | | (c) A one-time charge of 20% is imposable upon the amount | 7 | | of
past-due child support owed on July 1, 1988 which has | 8 | | accrued under a
support order entered by the court. The charge | 9 | | shall be imposed in
accordance with the provisions of Section | 10 | | 10-21 of the Illinois Public Aid
Code and shall be enforced by | 11 | | the court upon petition.
| 12 | | (d) Any new or existing support order entered by the court
| 13 | | under this Section shall be deemed to be a series of judgments | 14 | | against the
person obligated to pay support thereunder, each | 15 | | such judgment to be in the
amount of each payment or | 16 | | installment of support and each such judgment to
be deemed | 17 | | entered as of the date the corresponding payment or installment
| 18 | | becomes due under the terms of the support order. Each such | 19 | | judgment shall
have the full force, effect and attributes of | 20 | | any other judgment of this
State, including the ability to be | 21 | | enforced.
Notwithstanding any other State or local law to the | 22 | | contrary, a lien arises by operation of law against the real | 23 | | and personal property of
the noncustodial parent for each | 24 | | installment of overdue support owed by the
noncustodial parent.
| 25 | | (e) When child support is to be paid through the clerk of | 26 | | the court in a
county of 1,000,000 inhabitants or less, the |
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| 1 | | order shall direct the obligor
to pay to the clerk, in addition | 2 | | to the child support payments, all fees
imposed by the county | 3 | | board under paragraph (3) of subsection (u) of
Section 27.1 of | 4 | | the Clerks of Courts Act. Unless paid in cash or pursuant to
an | 5 | | order for withholding, the payment of the fee shall be by a | 6 | | separate
instrument from the support payment and shall be made | 7 | | to the order of the
Clerk.
| 8 | | (f) All orders for support, when entered or
modified, shall | 9 | | include a provision requiring the obligor to notify
the court | 10 | | and, in cases in which a party is receiving child and spouse
| 11 | | services under Article X of the Illinois Public Aid Code, the
| 12 | | Department of Healthcare and Family Services, within 7 days, | 13 | | (i) of the name and address
of any new employer of the obligor, | 14 | | (ii) whether the obligor has access to
health insurance | 15 | | coverage through the employer or other group coverage and,
if | 16 | | so, the policy name and number and the names of persons covered | 17 | | under
the policy, and (iii) of any new residential or mailing | 18 | | address or telephone
number of the non-custodial parent. In any | 19 | | subsequent action to enforce a
support order, upon a sufficient | 20 | | showing that a diligent effort has been made
to ascertain the | 21 | | location of the non-custodial parent, service of process or
| 22 | | provision of notice necessary in the case may be made at the | 23 | | last known
address of the non-custodial parent in any manner | 24 | | expressly provided by the
Code of Civil Procedure or this Act, | 25 | | which service shall be sufficient for
purposes of due process.
| 26 | | (g) An order for support shall include a date on which the |
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| 1 | | current
support obligation terminates. The termination date | 2 | | shall be no earlier than
the date on which the child covered by | 3 | | the order will attain the age of
18. However, if the child will | 4 | | not graduate from high school until after
attaining the age of | 5 | | 18, then the termination date shall be no earlier than the
| 6 | | earlier of the date on which the child's high school graduation | 7 | | will occur or
the date on which the child will attain the age | 8 | | of 19. The order for support
shall state that the termination | 9 | | date does not apply to any arrearage that may
remain unpaid on | 10 | | that date. Nothing in this subsection shall be construed to
| 11 | | prevent the court from modifying the order or terminating the | 12 | | order in the
event the child is otherwise emancipated.
| 13 | | (g-5) If there is an unpaid arrearage or delinquency (as | 14 | | those terms are defined in the Income Withholding for Support | 15 | | Act) equal to at least one month's support obligation on the | 16 | | termination date stated in the order for support or, if there | 17 | | is no termination date stated in the order, on the date the | 18 | | child attains the age of majority or is otherwise emancipated, | 19 | | the periodic amount required to be paid for current support of | 20 | | that child immediately prior to that date shall automatically | 21 | | continue to be an obligation, not as current support but as | 22 | | periodic payment toward satisfaction of the unpaid arrearage or | 23 | | delinquency. That periodic payment shall be in addition to any | 24 | | periodic payment previously required for satisfaction of the | 25 | | arrearage or delinquency. The total periodic amount to be paid | 26 | | toward satisfaction of the arrearage or delinquency may be |
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| 1 | | enforced and collected by any method provided by law for | 2 | | enforcement and collection of child support, including but not | 3 | | limited to income withholding under the Income Withholding for | 4 | | Support Act. Each order for support entered or modified on or | 5 | | after the effective date of this amendatory Act of the 93rd | 6 | | General Assembly must contain a statement notifying the parties | 7 | | of the requirements of this subsection. Failure to include the | 8 | | statement in the order for support does not affect the validity | 9 | | of the order or the operation of the provisions of this | 10 | | subsection with regard to the order. This subsection shall not | 11 | | be construed to prevent or affect the establishment or | 12 | | modification of an order for support of a minor child or the | 13 | | establishment or modification of an order for support of a | 14 | | non-minor child or educational expenses under Section 513 of | 15 | | this Act.
| 16 | | (h) An order entered under this Section shall include a | 17 | | provision requiring
the obligor to report to the obligee and to | 18 | | the clerk of court within 10 days
each time the obligor obtains | 19 | | new employment, and each time the obligor's
employment is | 20 | | terminated for any reason. The report shall be in writing and
| 21 | | shall, in the case of new employment, include the name and | 22 | | address of the new
employer. Failure to report new employment | 23 | | or the termination of current
employment, if coupled with | 24 | | nonpayment of support for a period in excess of 60
days, is | 25 | | indirect criminal contempt. For any obligor arrested for | 26 | | failure to
report new employment bond shall be set in the |
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| 1 | | amount of the child support that
should have been paid during | 2 | | the period of unreported employment. An order
entered under | 3 | | this Section shall also include a provision requiring the | 4 | | obligor
and obligee parents to advise each other of a change in | 5 | | residence within 5 days
of the change except when the court | 6 | | finds that the physical, mental, or
emotional health of a party | 7 | | or that of a child, or both, would be
seriously endangered by | 8 | | disclosure of the party's address.
| 9 | | (i) The court does not lose the powers of contempt, | 10 | | driver's license
suspension, or other child support | 11 | | enforcement mechanisms, including, but
not limited to, | 12 | | criminal prosecution as set forth in this Act, upon the
| 13 | | emancipation of the minor child or children.
| 14 | | (Source: P.A. 96-1134, eff. 7-21-10; 97-186, eff. 7-22-11; | 15 | | 97-608, eff. 1-1-12; 97-813, eff. 7-13-12; 97-878, eff. 8-2-12; | 16 | | 97-941, eff. 1-1-13; 97-1029, eff. 1-1-13; revised 8-23-12.)
| 17 | | Section 95. No acceleration or delay. Where this Act makes | 18 | | changes in a statute that is represented in this Act by text | 19 | | that is not yet or no longer in effect (for example, a Section | 20 | | represented by multiple versions), the use of that text does | 21 | | not accelerate or delay the taking effect of (i) the changes | 22 | | made by this Act or (ii) provisions derived from any other | 23 | | Public Act.
| 24 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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