Full Text of SB2110 102nd General Assembly
SB2110enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Aid Code is amended by | 5 | | changing Sections 10-1, 10-2, and 10-17 and by adding Section | 6 | | 10-17.05 as follows:
| 7 | | (305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
| 8 | | Sec. 10-1. Declaration of Public Policy - Persons Eligible | 9 | | for Child Support
Enforcement Services - Fees for | 10 | | Non-Applicants and
Non-Recipients.) It is the intent of this | 11 | | Code that the financial aid
and social welfare services herein | 12 | | provided supplement rather than
supplant the primary and | 13 | | continuing obligation of the family unit for
self-support to | 14 | | the fullest extent permitted by the resources available
to it. | 15 | | This primary and continuing obligation applies whether the | 16 | | family
unit of parents and children or of husband and wife | 17 | | remains intact and
resides in a common household or whether | 18 | | the unit has been broken by
absence of one or more members of | 19 | | the unit. The obligation of the
family unit is particularly | 20 | | applicable when a member is in necessitous
circumstances and | 21 | | lacks the means of a livelihood compatible with health
and | 22 | | well-being.
| 23 | | It is the purpose of this Article to provide for locating |
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| 1 | | an absent
parent or spouse, for determining his financial | 2 | | circumstances, and for
enforcing his legal obligation of | 3 | | support, if he is able to furnish
support, in whole or in part. | 4 | | The Department of Healthcare and Family Services shall give
| 5 | | priority to establishing, enforcing
and collecting the current | 6 | | support obligation, and then to past due support
owed to the | 7 | | family unit, except with respect to collections effected
| 8 | | through the intercept programs provided for in this Article. | 9 | | The establishment or enforcement actions provided in this | 10 | | Article do not require a previous court order for | 11 | | custody/allocation of parental responsibilities.
| 12 | | The child support enforcement services provided hereunder
| 13 | | shall be
furnished dependents of an absent parent or spouse | 14 | | who are applicants
for or recipients of financial aid under | 15 | | this Code. It is not,
however, a condition of eligibility for | 16 | | financial aid that there be no
responsible relatives who are | 17 | | reasonably able to provide support. Nor,
except as provided in | 18 | | Sections 4-1.7 and 10-8, shall the existence of
such relatives | 19 | | or their payment of support contributions disqualify a
needy | 20 | | person for financial aid.
| 21 | | By accepting financial aid under this Code, a spouse or a | 22 | | parent or
other person having physical or legal custody of a | 23 | | child shall be deemed to have made
assignment to the Illinois | 24 | | Department for aid under Articles III, IV,
V and VII or to a | 25 | | local governmental unit for aid under Article VI of
any and all | 26 | | rights, title, and interest in any support obligation, |
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| 1 | | including statutory interest thereon, up to
the amount of | 2 | | financial aid provided. The rights to support assigned to
the | 3 | | Department of Healthcare and Family Services (formerly
| 4 | | Illinois Department of Public Aid) or local governmental unit | 5 | | shall
constitute an
obligation owed the State or local | 6 | | governmental unit by the person who
is responsible for | 7 | | providing the support, and shall be collectible under
all | 8 | | applicable processes.
| 9 | | The Department of Healthcare and Family Services shall | 10 | | also furnish the child support enforcement services | 11 | | established under this Article in
behalf of persons who
are | 12 | | not applicants for or recipients of financial aid
under this | 13 | | Code in accordance with the requirements of Title IV, Part D of | 14 | | the
Social Security Act. The Department may
establish a | 15 | | schedule of reasonable fees, to be paid for the services
| 16 | | provided and may deduct a collection fee, not to exceed 10% of | 17 | | the amount
collected, from such collection.
The
Department of | 18 | | Healthcare and Family Services shall cause to be published and
| 19 | | distributed publications
reasonably calculated to inform the | 20 | | public that individuals who are not
recipients of or | 21 | | applicants for public aid under this Code are eligible
for the | 22 | | child support enforcement services under this
Article X. Such
| 23 | | publications
shall set forth an explanation, in plain | 24 | | language, that the child
support enforcement services program | 25 | | is independent of any public
aid program under the Code and | 26 | | that the receiving of child
support
enforcement services in no |
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| 1 | | way implies that the person
receiving such services is | 2 | | receiving
public aid.
| 3 | | (Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07.)
| 4 | | (305 ILCS 5/10-2) (from Ch. 23, par. 10-2)
| 5 | | Sec. 10-2. Extent of Liability. A husband is liable for | 6 | | the support of his
wife and a wife for the support of her | 7 | | husband. Unless the child is otherwise
emancipated, the | 8 | | parents are severally liable for the support of any child
| 9 | | under age 18, and for any child aged 18 who is attending high | 10 | | school, until
that child graduates from high school, or | 11 | | attains the age of 19, whichever is
earlier. The term "child" | 12 | | includes a child born out of wedlock, or legally
adopted | 13 | | child.
| 14 | | The liability for the support of a child provided for in | 15 | | this Article does not require a previous court order for | 16 | | custody and is in conjunction with the guidelines set forth in | 17 | | Section 505 of the Illinois Marriage and Dissolution of | 18 | | Marriage Act, as provided for in Section 10-10 of this | 19 | | Article. The obligation to support contained in this Article | 20 | | is concurrent to any other appropriate State law. | 21 | | This Article does not create, enlarge, abrogate, or | 22 | | diminish parental rights or duties under other laws of this | 23 | | State, including the common law. | 24 | | An action to establish or enforce a support obligation, | 25 | | under this or any other Act providing for the support of a |
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| 1 | | child, may be brought subsequent to an adjudication dismissing | 2 | | that action based on any of the following reasons: (1) no duty | 3 | | of support exists under this Article because this Article | 4 | | requires a previous court order for custody/allocation of | 5 | | parental responsibilities (as no such requirement exists under | 6 | | this Act); (2) there is no common law duty of support (as a | 7 | | common law duty of support is recognized as a valid basis for | 8 | | child support); or (3) there is no duty of support under the | 9 | | Illinois Parentage Act of 2015 because a judgment of paternity | 10 | | results in a de facto custody/allocation of parental | 11 | | responsibilities order (as this ignores the cumulative nature | 12 | | of the Act and the plain language of the statute permitting an | 13 | | explicit reservation of the issue. The Illinois Parentage Act | 14 | | of 2015 will be clarified regarding a de facto | 15 | | custody/allocation of parental responsibilities order as it | 16 | | relates to the Uniform Interstate Family Support Act). | 17 | | In addition to the primary obligation of support imposed | 18 | | upon
responsible relatives, such relatives, if individually or | 19 | | together in any
combination they have sufficient income or | 20 | | other resources to support a
needy person, in whole or in part, | 21 | | shall be liable for any financial aid
extended under this Code | 22 | | to a person for whose support they are
responsible, including | 23 | | amounts expended for funeral and burial costs.
| 24 | | (Source: P.A. 92-876, eff. 6-1-03.)
| 25 | | (305 ILCS 5/10-17) (from Ch. 23, par. 10-17)
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| 1 | | Sec. 10-17. Other
Actions and Remedies for Support.
The | 2 | | procedures, actions , and remedies provided in this Article | 3 | | shall in
no way be exclusive, but shall be available in | 4 | | addition to other actions
and remedies of support, including, | 5 | | but not by way of limitation, the
remedies provided in (a) the | 6 | | Illinois Parentage Act of 2015; (b) (blank); the "Non-Support | 7 | | of Spouse and Children Act", approved June
24, 1915, as | 8 | | amended; (b-5) the Non-Support Punishment Act; and (c) | 9 | | (blank); (d) the Illinois Marriage and Dissolution of Marriage | 10 | | Act; (e) the Uniform Child-Custody Jurisdiction and | 11 | | Enforcement Act; (f) the Uniform Interstate Family Support | 12 | | Act; and (g) the common law. the
"Revised Uniform Reciprocal | 13 | | Enforcement of
Support Act", approved August 28, 1969, as | 14 | | amended.
| 15 | | This Article does not create, enlarge, abrogate, or | 16 | | diminish parental rights or duties under other laws of this | 17 | | State, including the common law. | 18 | | (Source: P.A. 99-85, eff. 1-1-16 .)
| 19 | | (305 ILCS 5/10-17.05 new) | 20 | | Sec. 10-17.05. Actions and remedies for support; other | 21 | | laws. Notwithstanding any other State or local law to the | 22 | | contrary, actions and remedies under this Article, the Uniform | 23 | | Interstate Family Support Act, or other State laws shall be | 24 | | cumulative and used in conjunction with one another, as | 25 | | appropriate. Actions and remedies under the Uniform Interstate |
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| 1 | | Family Support Act shall not require a custody or visitation | 2 | | determination as a prerequisite to a determination of a | 3 | | support obligation. If a custody or visitation determination | 4 | | is not permitted under the Uniform Interstate Family Support | 5 | | Act, the determination may be made under another appropriate | 6 | | State law if the court has authority to make the decision under | 7 | | the appropriate law. | 8 | | Section 10. The Illinois Marriage and Dissolution of | 9 | | Marriage Act is amended by changing Section 510 and by adding | 10 | | Sections 518 and 519 as follows:
| 11 | | (750 ILCS 5/510) (from Ch. 40, par. 510)
| 12 | | Sec. 510. Modification and termination of provisions for
| 13 | | maintenance, support, educational expenses, and property | 14 | | disposition. | 15 | | (a) Except as otherwise provided in paragraph (f) of | 16 | | Section 502 and
in subsection (b), clause (3) of Section | 17 | | 505.2, the provisions of any
judgment respecting maintenance | 18 | | or support may be modified only as to
installments accruing | 19 | | subsequent to due notice by the moving party of the
filing of | 20 | | the motion for modification. An order for child
support may be | 21 | | modified as follows:
| 22 | | (1) upon a showing of a substantial change in | 23 | | circumstances; and
| 24 | | (2) without the necessity of showing a substantial |
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| 1 | | change in
circumstances, as follows:
| 2 | | (A) upon a showing of an inconsistency of at least | 3 | | 20%, but no
less than $10 per month, between the amount | 4 | | of the existing order and the
amount of child support | 5 | | that results from application of the guidelines
| 6 | | specified in Section 505 of this Act unless the | 7 | | inconsistency is due to the
fact that the amount of the | 8 | | existing order resulted from a deviation from the
| 9 | | guideline amount and there has not been a change in the | 10 | | circumstances that
resulted in that deviation; or
| 11 | | (B) upon a showing of a need to provide for the | 12 | | health care needs
of the child under the order through | 13 | | health insurance or other means. In no
event shall the | 14 | | eligibility for or receipt of medical assistance be | 15 | | considered
to meet the need to provide for the child's | 16 | | health care needs.
| 17 | | The provisions of subparagraph (a)(2)(A) shall apply only
| 18 | | in cases in which a party is receiving child support
| 19 | | enforcement services from the Department of Healthcare and | 20 | | Family Services under
Article X of the Illinois Public Aid | 21 | | Code, and only when at least 36
months have elapsed since the | 22 | | order for child support was entered or last
modified.
| 23 | | The court may grant a petition for modification that seeks | 24 | | to apply the changes made to subsection (a) of Section 505 by | 25 | | Public Act 99-764 to an order entered before the effective | 26 | | date of Public Act 99-764 only upon a finding of a substantial |
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| 1 | | change in circumstances that warrants application of the | 2 | | changes. The enactment of Public Act 99-764 itself does not | 3 | | constitute a substantial change in circumstances warranting a | 4 | | modification. | 5 | | (a-5) An order for maintenance may be modified or | 6 | | terminated only upon a
showing of a substantial change in | 7 | | circumstances. The court may grant a petition for modification | 8 | | that seeks to apply the changes made to Section 504 by this | 9 | | amendatory Act of the 100th General Assembly to an order | 10 | | entered before the effective date of this amendatory Act of | 11 | | the 100th General Assembly only upon a finding of a | 12 | | substantial change in circumstances that warrants application | 13 | | of the changes. The enactment of this amendatory Act of the | 14 | | 100th General Assembly itself does not constitute a | 15 | | substantial change in circumstances warranting a modification. | 16 | | In all such proceedings, as
well as in proceedings in which | 17 | | maintenance is being reviewed, the court shall
consider the | 18 | | applicable factors set forth in subsection (a) of Section 504 | 19 | | and
the following factors:
| 20 | | (1) any change in the employment status of either | 21 | | party and whether the
change has been made
in good faith;
| 22 | | (2) the efforts, if any, made by the party receiving | 23 | | maintenance to become
self-supporting, and
the | 24 | | reasonableness of the efforts where they are appropriate;
| 25 | | (3) any impairment of the present and future earning | 26 | | capacity of either
party;
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| 1 | | (4) the tax consequences of the maintenance payments | 2 | | upon the respective
economic
circumstances of the parties;
| 3 | | (5) the duration of the maintenance payments | 4 | | previously paid (and
remaining to be paid) relative
to the | 5 | | length of the marriage;
| 6 | | (6) the property, including retirement benefits, | 7 | | awarded to each party
under the judgment of
dissolution of | 8 | | marriage, judgment of legal separation, or judgment of
| 9 | | declaration of invalidity of
marriage and the present | 10 | | status of the property;
| 11 | | (7) the increase or decrease in each party's income | 12 | | since the prior
judgment or order from which
a review, | 13 | | modification, or termination is being sought;
| 14 | | (8) the property acquired and currently owned by each | 15 | | party after the
entry of the judgment of
dissolution of | 16 | | marriage, judgment of legal separation, or judgment of
| 17 | | declaration of invalidity of
marriage; and
| 18 | | (9) any other factor that the court expressly finds to | 19 | | be just and
equitable.
| 20 | | (a-6) (Blank). | 21 | | (b) The provisions as to property disposition may not be | 22 | | revoked or
modified,
unless the court finds the existence of | 23 | | conditions that justify the
reopening of a judgment under the | 24 | | laws of this State.
| 25 | | (c) Unless otherwise agreed by the parties in a written | 26 | | agreement
set forth in the judgment or otherwise approved by |
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| 1 | | the court, the obligation
to pay future maintenance is | 2 | | terminated upon the death of either party, or
the remarriage | 3 | | of the party receiving maintenance, or if the party
receiving | 4 | | maintenance cohabits with another person on a resident,
| 5 | | continuing conjugal basis. An obligor's obligation to pay | 6 | | maintenance or unallocated maintenance terminates by operation | 7 | | of law on the date the obligee remarries or the date the court | 8 | | finds cohabitation began. The obligor is entitled to | 9 | | reimbursement for all maintenance paid from that date forward. | 10 | | Any termination of an obligation for maintenance as a result | 11 | | of the death of the obligor, however, shall be inapplicable to | 12 | | any right of the other party or such other party's designee to | 13 | | receive a death benefit under such insurance on the obligor's | 14 | | life. An obligee must advise the obligor of his or her | 15 | | intention to marry at least 30 days before the remarriage, | 16 | | unless the decision is made within this time period. In that | 17 | | event, he or she must notify the obligor within 72 hours of | 18 | | getting married. | 19 | | (c-5) In an adjudicated case, the court shall make | 20 | | specific factual findings as to the reason for the | 21 | | modification as well as the amount, nature, and duration of | 22 | | the modified maintenance award.
| 23 | | (d) Unless otherwise provided in this Act, or as agreed in | 24 | | writing or
expressly
provided in the
judgment, provisions for | 25 | | the support of a child are terminated by emancipation
of the
| 26 | | child, or if the child has attained the age of 18 and is still |
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| 1 | | attending
high school,
provisions for the support of the child | 2 | | are terminated upon the date that the
child
graduates from | 3 | | high school or the date the child attains the age of 19,
| 4 | | whichever is
earlier, but not by the death of a parent | 5 | | obligated to support or educate the
child.
An existing | 6 | | obligation to pay for support
or educational expenses, or | 7 | | both, is not terminated by the death of a
parent. When a parent | 8 | | obligated to pay support or educational
expenses, or both, | 9 | | dies, the amount of support or educational expenses, or
both, | 10 | | may be enforced, modified, revoked or commuted to a lump sum | 11 | | payment,
as equity may require, and that determination may be | 12 | | provided for at the
time of the dissolution of the marriage or | 13 | | thereafter.
| 14 | | (e) The right to petition for support or educational | 15 | | expenses, or both,
under Sections 505, 513, and 513.5 is not | 16 | | extinguished by the death of a parent.
Upon a petition filed | 17 | | before or after a parent's death, the court may award
sums of | 18 | | money out of the decedent's estate for the child's support or
| 19 | | educational expenses, or both, as equity may require. The time | 20 | | within
which a claim may be filed against the estate of a | 21 | | decedent under Sections
505 and 513 and subsection (d) and | 22 | | this subsection shall be governed by the
provisions of the | 23 | | Probate Act of 1975, as a barrable, noncontingent claim.
| 24 | | (f) A petition to modify or terminate child support or the | 25 | | allocation of parental responsibilities, including parenting | 26 | | time, shall not delay any child support enforcement litigation |
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| 1 | | or
supplementary proceeding on behalf of the obligee, | 2 | | including, but not limited
to, a petition for a rule to show | 3 | | cause, for non-wage garnishment, or for a
restraining order.
| 4 | | (Source: P.A. 99-90, eff. 1-1-16; 99-764, eff. 7-1-17; 100-15, | 5 | | eff. 7-1-17; 100-201, eff. 8-18-17; 100-923, eff. 1-1-19 .)
| 6 | | (750 ILCS 5/518 new) | 7 | | Sec. 518. Other actions and remedies for support. The | 8 | | procedures, actions, and remedies provided in this Act shall | 9 | | in no way be exclusive, but shall be available in addition to | 10 | | other actions and remedies of support, including, but not | 11 | | limited to, the remedies provided in: (a) the Illinois | 12 | | Parentage Act of 2015; (b) the Non-Support Punishment Act; (c) | 13 | | the Illinois Public Aid Code; (d) the Uniform Child-Custody | 14 | | Jurisdiction and Enforcement Act; (e) the Uniform Interstate | 15 | | Family Support Act; and (f) the common law. | 16 | | This Act does not create, enlarge, abrogate, or diminish | 17 | | parental rights or duties under other laws of this State, | 18 | | including the common law. | 19 | | (750 ILCS 5/519 new) | 20 | | Sec. 519. Actions and remedies for support; other laws. | 21 | | Notwithstanding any other State or local law to the contrary, | 22 | | actions and remedies under this Act, the Uniform Interstate | 23 | | Family Support Act, or other State laws shall be cumulative | 24 | | and used in conjunction with one another, as appropriate. |
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| 1 | | Actions and remedies under the Uniform Interstate Family | 2 | | Support Act shall not require a custody or visitation | 3 | | determination as a prerequisite to a determination of a | 4 | | support obligation. If a custody or visitation determination | 5 | | is not permitted under the Uniform Interstate Family Support | 6 | | Act, the determination may be made under another appropriate | 7 | | State law if the court has authority to make the decision under | 8 | | the appropriate law. | 9 | | Section 15. The Illinois Parentage Act of 2015 is amended | 10 | | by changing Section 802 and by adding Sections 906 and 907 as | 11 | | follows: | 12 | | (750 ILCS 46/802) | 13 | | Sec. 802. Judgment. | 14 | | (a) The court shall issue an order adjudicating whether a | 15 | | person alleged or claiming to be the parent is the parent of | 16 | | the child. An order adjudicating parentage must identify the | 17 | | child by name and date of birth. | 18 | | The court may assess filing fees, reasonable attorney's | 19 | | fees, fees for genetic testing, other costs, necessary travel | 20 | | expenses, and other reasonable expenses incurred in a | 21 | | proceeding under this Act. The court may award attorney's | 22 | | fees, which may be paid directly to the attorney, who may | 23 | | enforce the order in the attorney's own name. The court may not | 24 | | assess fees, costs, or expenses against the |
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| 1 | | support-enforcement agency of this State or another state, | 2 | | except as provided by other law. | 3 | | The judgment shall contain or explicitly reserve | 4 | | provisions concerning any duty and amount of child support and | 5 | | may contain or explicitly reserve provisions concerning the | 6 | | allocation of parental responsibilities or guardianship of the | 7 | | child, parenting time privileges with the child, and the | 8 | | furnishing of bond or other security for the payment of the | 9 | | judgment, which the court shall determine in accordance with | 10 | | the relevant factors set forth in the Illinois Marriage and | 11 | | Dissolution of Marriage Act and any other applicable law of
| 12 | | this State, to guide the court in a finding in the best | 13 | | interests of the child. In determining the allocation of | 14 | | parental responsibilities, relocation, parenting time, | 15 | | parenting time interference, support for a non-minor disabled | 16 | | child, educational expenses for a non-minor child, and related | 17 | | post-judgment issues, the court shall apply the relevant | 18 | | standards of the Illinois Marriage and Dissolution of Marriage | 19 | | Act. Specifically, in determining the amount of a child | 20 | | support award, the court shall use the guidelines and | 21 | | standards set forth in subsection (a) of Section 505 and in | 22 | | Section 505.2 of the Illinois Marriage and Dissolution of | 23 | | Marriage Act.
The court shall order all child support | 24 | | payments, determined in accordance with such guidelines, to | 25 | | commence with the date summons is served. The level of current | 26 | | periodic support payments shall not be reduced because of |
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| 1 | | payments set for the period prior to the date of entry of the | 2 | | support order. | 3 | | (b) In an action brought within 2 years after a child's | 4 | | birth, the judgment or order may direct either parent to pay | 5 | | the reasonable expenses incurred by either parent or the | 6 | | Department of Healthcare and Family Services related to the | 7 | | mother's pregnancy and the delivery of the child. | 8 | | (c) In the absence of an explicit order or judgment for the | 9 | | allocation of parental responsibilities, to the extent the | 10 | | court has authority under the Uniform Child-Custody | 11 | | Jurisdiction and Enforcement Act or any other appropriate | 12 | | State law, the establishment of a child support obligation or | 13 | | the allocation of parenting time to one parent shall be | 14 | | construed as an order or judgment allocating all parental | 15 | | responsibilities to the other parent. If the parentage order | 16 | | or judgment contains no such provisions, all parental | 17 | | responsibilities shall be presumed to be allocated to the | 18 | | mother; however, the presumption shall not apply if the child | 19 | | has resided primarily with the other parent for at least 6 | 20 | | months prior to the date that the mother seeks to enforce the | 21 | | order or judgment of parentage. | 22 | | (c-5) Notwithstanding the limitations regarding the | 23 | | establishment of custody under the Uniform Interstate Family | 24 | | Support Act, that Act is not exclusive, and custody/allocation | 25 | | of parental responsibilities may be determined concurrently | 26 | | under other appropriate State laws, where this determination |
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| 1 | | may be validly made. | 2 | | (d) The court, if necessary to protect and promote the | 3 | | best interests of the child, may set aside a portion of the | 4 | | separately held estates of the parties in a separate fund or | 5 | | trust for the support, education, physical and mental health, | 6 | | and general welfare of a minor or mentally or physically | 7 | | disabled child of the parties. | 8 | | (e) The court may order child support payments to be made | 9 | | for a period prior to the commencement of the action. In | 10 | | determining whether and to what extent the payments shall be | 11 | | made for the prior period, the court shall consider all | 12 | | relevant facts, including but not limited to:
| 13 | | (1) The factors for determining the amount of support | 14 | | specified in the Illinois Marriage and Dissolution of | 15 | | Marriage Act. | 16 | | (2) The prior knowledge of the person obligated to pay | 17 | | support of the fact and circumstances of the child's | 18 | | birth.
| 19 | | (3) The father's prior willingness or refusal to help | 20 | | raise or support the child.
| 21 | | (4) The extent to which the mother or the public | 22 | | agency bringing the action previously informed the person | 23 | | obligated to pay support of the child's needs or attempted | 24 | | to seek or require the help of the person obligated to pay | 25 | | support in raising or supporting the child.
| 26 | | (5) The reasons the mother or the public agency did |
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| 1 | | not file the action earlier.
| 2 | | (6) The extent to which the person obligated to pay | 3 | | support would be prejudiced by the delay in bringing the | 4 | | action. | 5 | | For purposes of determining the amount of child support to | 6 | | be paid for the period before the date the order for current | 7 | | child support is entered, there is a rebuttable presumption | 8 | | that the net income of the person obligated to pay support for | 9 | | the prior period was the same as the net income of the person | 10 | | obligated to pay support at the time the order for current | 11 | | child support is entered. | 12 | | If (i) the person obligated to pay support was properly | 13 | | served with a request for discovery of financial information | 14 | | relating to the ability to provide child support of the person | 15 | | obligated to pay support; (ii) the person obligated to pay | 16 | | support failed to comply with the request, despite having been | 17 | | ordered to do so by the court; and (iii) the person obligated | 18 | | to pay support is not present at the hearing to determine | 19 | | support despite having received proper notice, then any | 20 | | relevant financial information concerning the ability to | 21 | | provide child support of the person obligated to pay support | 22 | | that was obtained pursuant to subpoena and proper notice shall | 23 | | be admitted into evidence without the need to establish any | 24 | | further foundation for its admission.
| 25 | | (f) A new or existing support order entered by the court | 26 | | under this Section shall be deemed to be a series of judgments |
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| 1 | | against the person obligated to pay support thereunder, each | 2 | | judgment to be in the amount of each payment or installment of | 3 | | support and each judgment to be deemed entered as of the date | 4 | | the corresponding payment or installment becomes due under the | 5 | | terms of the support order. Each judgment shall have the full | 6 | | force, effect, and attributes of any other judgment of this | 7 | | State, including the ability to be enforced. A judgment under | 8 | | this Section is subject to modification or termination only in | 9 | | accordance with Section 510 of the Illinois Marriage and | 10 | | Dissolution of Marriage Act. Notwithstanding any State or | 11 | | local law to the contrary, a lien arises by operation of law | 12 | | against the real and personal property of the noncustodial | 13 | | parent for each installment of overdue support owed by the | 14 | | noncustodial parent.
| 15 | | (g) If the judgment or order of the court is at variance | 16 | | with the child's birth certificate, the court shall order that | 17 | | a new birth certificate be issued under the Vital Records Act.
| 18 | | (h) On the request of both parents, the court shall order a | 19 | | change in the child's name.
| 20 | | (i) After hearing evidence, the court may stay payment of | 21 | | support during the period of the father's minority or period | 22 | | of disability.
| 23 | | (j) If, upon a showing of proper service, the father fails | 24 | | to appear in court or otherwise appear as provided by law, the | 25 | | court may proceed to hear the cause upon testimony of the | 26 | | mother or other parties taken in open court and shall enter a |
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| 1 | | judgment by default. The court may reserve any order as to the | 2 | | amount of child support until the father has received notice, | 3 | | by regular mail, of a hearing on the matter.
| 4 | | (k) An order for support, when entered or modified, shall | 5 | | include a provision requiring the non-custodial parent to | 6 | | notify the court and, in cases in which a party is receiving | 7 | | child support enforcement services under Article X of the | 8 | | Illinois Public Aid Code, the Department of Healthcare and | 9 | | Family Services, within 7 days: (i) of the name and address of | 10 | | any new employer of the non-custodial parent; (ii) whether the | 11 | | non-custodial parent has access to health insurance coverage | 12 | | through the employer or other group coverage and, if so, of the | 13 | | policy name and number and the names of adults and initials of | 14 | | minors covered under the policy; and (iii) of any new | 15 | | residential or mailing address or telephone number of the | 16 | | non-custodial parent. In a subsequent action to enforce a | 17 | | support order, upon a sufficient showing that a diligent | 18 | | effort has been made to ascertain the location of the | 19 | | non-custodial parent, service of process or provision of | 20 | | notice necessary in the case may be made at the last known | 21 | | address of the non-custodial parent in any manner expressly | 22 | | provided by this Act or the Code of Civil Procedure, and shall | 23 | | be sufficient for purposes of due process.
| 24 | | (l) An order for support shall include a date on which the | 25 | | current support obligation terminates. The termination date | 26 | | shall be no earlier than the date on which the child covered by |
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| 1 | | the order will attain the age of 18. However, if the child will | 2 | | not graduate from high school until after attaining the age of | 3 | | 18, then the termination date shall be no earlier than the | 4 | | earlier of the date on which the child's high school | 5 | | graduation will occur or the date on which the child will | 6 | | attain the age of 19. The order for support shall state that | 7 | | the termination date does not apply to any arrearage that may | 8 | | remain unpaid on that date. Nothing in this subsection shall | 9 | | be construed to prevent the court from modifying the order or | 10 | | terminating the order in the event the child is otherwise | 11 | | emancipated.
| 12 | | (m) If there is an unpaid arrearage or delinquency (as | 13 | | those terms are defined in the Income Withholding for Support | 14 | | Act) equal to at least one month's support obligation on the | 15 | | termination date stated in the order for support or, if there | 16 | | is no termination date stated in the order, on the date the | 17 | | child attains the age of majority or is otherwise emancipated, | 18 | | the periodic amount required to be paid for current support of | 19 | | that child immediately prior to that date shall automatically | 20 | | continue to be an obligation, not as current support but as | 21 | | periodic payment toward satisfaction of the unpaid arrearage | 22 | | or delinquency. The periodic payment shall be in addition to | 23 | | any periodic payment previously required for satisfaction of | 24 | | the arrearage or delinquency. The total periodic amount to be | 25 | | paid toward satisfaction of the arrearage or delinquency may | 26 | | be enforced and collected by any method provided by law for |
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| 1 | | enforcement and collection of child support, including but not | 2 | | limited to income withholding under the Income Withholding for
| 3 | | Support Act. Each order for support entered or modified must | 4 | | contain a statement notifying the parties of the requirements | 5 | | of this subsection. Failure to include the statement in the | 6 | | order for support does not affect the validity of the order or | 7 | | the operation of the provisions of this subsection with regard | 8 | | to the order. This subsection shall not be construed to | 9 | | prevent or affect the establishment or modification of an | 10 | | order for support of a minor child or the establishment or | 11 | | modification of an order for support of a non-minor child or | 12 | | educational expenses under Section 513 of the Illinois | 13 | | Marriage and Dissolution of Marriage Act.
| 14 | | (n) An order entered under this Section shall include a | 15 | | provision requiring the obligor to report to the obligee and | 16 | | to the clerk of court within 7 days each time the obligor | 17 | | obtains new employment, and each time the obligor's employment | 18 | | is terminated for any reason. The report shall be in writing | 19 | | and shall, in the case of new employment, include the name and | 20 | | address of the new employer. Failure to report new employment | 21 | | or the termination of current employment, if coupled with | 22 | | nonpayment of support for a period in excess of 60 days, is | 23 | | indirect criminal contempt. For an obligor arrested for | 24 | | failure to report new employment, bond shall be set in the | 25 | | amount of the child support that should have been paid during | 26 | | the period of unreported employment. An order entered under |
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| 1 | | this Section shall also include a provision requiring the | 2 | | obligor and obligee parents to advise each other of a change in | 3 | | residence within 5 days of the change except when the court | 4 | | finds that the physical, mental, or emotional health of a | 5 | | party or that of a minor child, or both, would be seriously | 6 | | endangered by disclosure of the party's address.
| 7 | | (Source: P.A. 99-85, eff. 1-1-16; 99-769, eff. 1-1-17 .) | 8 | | (750 ILCS 46/906 new) | 9 | | Sec. 906. Other actions and remedies for support. The | 10 | | procedures, actions, and remedies provided in this Act shall | 11 | | in no way be exclusive, but shall be available in addition to | 12 | | other actions and remedies of support, including, but not | 13 | | limited to, the remedies provided in: (a) the Illinois | 14 | | Marriage and Dissolution of Marriage Act; (b) the Non-Support | 15 | | Punishment Act; (c) the Illinois Public Aid Code; (d) the | 16 | | Uniform Child-Custody Jurisdiction and Enforcement Act; (e) | 17 | | the Uniform Interstate Family Support Act; and (f) the common | 18 | | law. | 19 | | This Act does not create, enlarge, abrogate, or diminish | 20 | | parental rights or duties under other laws of this State, | 21 | | including the common law. | 22 | | (750 ILCS 46/907 new) | 23 | | Sec. 907. Actions and remedies for support; other laws. | 24 | | Notwithstanding any other State or local law to the contrary, |
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| 1 | | actions and remedies under this Act, the Uniform Interstate | 2 | | Family Support Act, or other State laws shall be cumulative | 3 | | and used in conjunction with one another, as appropriate. | 4 | | Actions and remedies under the Uniform Interstate Family | 5 | | Support Act shall not require a custody or visitation | 6 | | determination as a prerequisite to a determination of a | 7 | | support obligation. If a custody or visitation determination | 8 | | is not permitted under the Uniform Interstate Family Support | 9 | | Act, the determination may be made under another appropriate | 10 | | State law if the court has authority to make the decision under | 11 | | the appropriate law.
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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