Illinois General Assembly - Full Text of HB3982
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Full Text of HB3982  99th General Assembly




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1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Marriage and Dissolution of
5Marriage Act is amended by changing Sections 505 and 510 as
7    (750 ILCS 5/505)  (from Ch. 40, par. 505)
8    Sec. 505. Child support; contempt; penalties.
9    (a) In a proceeding for dissolution of marriage, legal
10separation, declaration of invalidity of marriage, dissolution
11of a civil union, a proceeding for child support following
12dissolution of the marriage or civil union by a court that
13lacked personal jurisdiction over the absent spouse, a
14proceeding for modification of a previous order for child
15support under Section 510 of this Act, or any proceeding
16authorized under Section 501 or 601 of this Act, the court may
17order either or both parents owing a duty of support to a child
18of the marriage or civil union to pay an amount reasonable and
19necessary for the support of the child, without regard to
20marital misconduct. The duty of support owed to a child
21includes the obligation to provide for the reasonable and
22necessary educational, physical, mental and emotional health
23needs of the child. For purposes of this Section, the term



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1"child" shall include any child under age 18 and any child
2under age 19 or younger who is still attending high school.
3        (1) Child support guidelines. The Department of
4    Healthcare and Family Services shall adopt rules
5    establishing child support guidelines which include
6    worksheets to aid in the calculation of the child support
7    award and a table that reflects the percentage of combined
8    net income that parents living in the same household in
9    this State ordinarily spend on their children. The child
10    support guidelines have the following purposes:
11            (A) to establish as State policy an adequate
12        standard of support for children, subject to the
13        ability of parents to pay;
14            (B) to make awards more equitable by ensuring more
15        consistent treatment of persons in similar
16        circumstances;
17            (C) to improve the efficiency of the court process
18        by promoting settlements and giving courts and the
19        parties guidance in establishing levels of awards;
20            (D) to calculate child support based upon the
21        parents' combined adjusted net income estimated to
22        have been allocated to the child if the parents and
23        children were living in an intact household;
24            (E) to adjust the child support based upon the
25        needs of the children; and
26            (F) to allocate the amount of child support to be



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1        paid by each parent based upon the child support and
2        the child's physical care arrangements.
3        (2) Duty of support. The court shall award child
4    support in each case by applying the child support
5    guidelines unless the court makes a finding that
6    application of the guidelines would be inappropriate,
7    after considering the best interest of the child in light
8    of evidence which shows relevant factors including, but not
9    limited to, one or more of the following:
10            (A) the financial resources and needs of the child;
11            (B) the financial resources and needs of the
12        custodial parent;
13            (C) the standard of living the child would have
14        enjoyed had the marriage or civil union not been
15        dissolved;
16            (D) the physical and emotional condition of the
17        child and his or her educational needs; and
18            (E) the financial resources and needs of the
19        noncustodial parent.
20        (3) Income.
21            (A) As used in this Section, "gross income" means
22        the total of all income from all sources, except "gross
23        income" does not include (i) benefits received by the
24        parent from means-tested public assistance programs,
25        including, but not limited to, Temporary Assistance to
26        Needy Families, Supplemental Security Income, and the



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1        Supplemental Nutrition Assistance Program or (ii)
2        benefits and income received by the parent for other
3        children in the household, including, but not limited
4        to, child support, survivor benefits, and foster care
5        payments. Social security disability and retirement
6        benefits paid for the benefit of the subject child must
7        be included in the disabled or retired parent's gross
8        income for purposes of calculating the parent's child
9        support obligation, but the parent is entitled to a
10        child support credit for the amount of benefits paid to
11        the other parent for the child. Spousal support or
12        spousal maintenance received pursuant to a court order
13        in the pending proceedings or any other proceedings
14        must be included in the recipient's gross income for
15        purposes of calculating the parent's child support
16        obligation.
17            (B) As used in this Section, "net income" means
18        gross income minus either the standardized tax amount
19        calculated pursuant to subparagraph (C) of this
20        paragraph (3) or the individualized tax amount
21        calculated pursuant to subparagraph (D) of this
22        paragraph (3), and minus any adjustments pursuant to
23        subparagraph (F) of this paragraph (3). The
24        standardized tax amount shall be used unless the
25        requirements for an individualized tax amount set
26        forth in subparagraph (F) of this paragraph (3) are



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1        met.
2            (C) As used in this Section, "standardized tax
3        amount" means the total of federal and state income
4        taxes for a single person claiming the standard tax
5        deduction, one personal exemption, and the applicable
6        number of dependency exemptions for the minor child or
7        children of the parties, and Social Security tax and
8        Medicaid tax calculated at the Federal Insurance
9        Contributions Act rate.
10                (I) Unless a court has previously determined
11            otherwise or the parties otherwise agree, the
12            custodial parent shall be deemed entitled to claim
13            the dependency exemption for the parties' minor
14            child or children.
15                (II) The Department of Healthcare and Family
16            Services shall promulgate a chart that computes
17            net income by deducting the standardized tax
18            amount from gross income.
19            (D) As used in this Section, "individualized tax
20        amount" means the aggregate of the following taxes:
21                (I) federal income tax (properly calculated
22            withholding or estimated payments);
23                (II) State income tax (properly calculated
24            withholding or estimated payments); and
25                (III) Social Security (or, if none, mandatory
26            retirement contributions required by law or as a



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1            condition of employment) and Medicare tax
2            calculated at the Federal Insurance Contributions
3            Act rate.
4            (E) In lieu of a standardized tax amount, a
5        determination of an individualized tax amount may be
6        made under items (I), (II), or (III) below. If an
7        individualized tax amount determination is made under
8        this subparagraph (E), all relevant tax attributes
9        (including filing status, allocation of dependency
10        exemptions, and whether a party is to claim the
11        standard deduction or itemized deductions for federal
12        income tax purposes) shall be as the parties agree or
13        as the court determines. To determine a party's
14        reported income, the court may order the party to
15        complete an Internal Revenue Service Form 4506-T,
16        Request for Tax Transcript.
17                (I) Agreement. Irrespective of whether the
18            parties agree on any other issue before the court,
19            if they jointly stipulate for the record their
20            concurrence on a computation method for the
21            individualized tax amount that is different from
22            the method set forth under subparagraph (D), the
23            stipulated method shall be used by the court unless
24            the court rejects the proposed stipulated method
25            for good cause.
26                (II) Summary hearing. If the court determines



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1            child support in a summary hearing under Section
2            501 and an eligible party opts in to the
3            computation method under this item (II), the
4            individualized tax amount shall be determined by
5            the court on the basis of information contained in
6            one or both parties' financial disclosure
7            statement, financial affidavit, or similar
8            instrument and relevant supporting documents under
9            applicable court rules. No party, however, is
10            eligible to opt in unless the party, under
11            applicable rules, has served the other party with
12            the required statement, affidavit, or other
13            instrument and has also substantially turned over
14            supporting documents to the extent required by the
15            applicable rule at the time of service of the
16            statement, affidavit, or other instrument.
17                (III) Evidentiary hearing. If the court
18            determines child support in an evidentiary
19            hearing, whether for purposes of a temporary order
20            or at the conclusion of a proceeding, item (II) of
21            this subparagraph (E) does not apply. In each such
22            case (unless item (I) governs), the individualized
23            tax amount shall be as determined by the court on
24            the basis of the record established.
25            (F) Adjustments to gross income.
26                (I) If a parent also is legally responsible for



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1            support of children not shared with the other
2            parent and not subject to the present proceeding,
3            there shall be an adjustment to gross income as
4            follows:
5                    (i) The amount of child support actually
6                paid by the parent pursuant to a support order
7                shall be deducted from the parent's gross
8                income.
9                    (ii) The amount of financial support
10                actually paid by the parent for children living
11                in or outside of that parent's household or 75%
12                of the support the parent would pay under the
13                child support guidelines, whichever is less,
14                shall be deducted from that parent's gross
15                income.
16                (II) Obligations pursuant to a court order for
17            maintenance in the pending proceeding actually
18            paid or payable under Section 504 to the same party
19            to whom child support is to be payable shall be
20            deducted from the parent's gross income.
21        (3.1) Business income. For purposes of calculating
22    child support, net business income from the operation of a
23    business means gross receipts minus ordinary and necessary
24    expenses required to carry on the trade or business. As
25    used in this paragraph, "business" includes, but is not
26    limited to, sole proprietorships, closely held



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1    corporations, partnerships, other flow-through business
2    entities, and self-employment. The court shall apply the
3    following:
4            (A) The accelerated component of depreciation and
5        any business expenses determined either judicially or
6        administratively to be inappropriate or excessive
7        shall be excluded from the total of ordinary and
8        necessary business expenses to be deducted in the
9        determination of net business income from gross
10        business income.
11            (B) Any item of reimbursement or in-kind payment
12        received by a parent from the business, including, but
13        not limited to, a company car, free housing or a
14        housing allowance, or reimbursed meals, shall be
15        counted as income if not otherwise included in the
16        recipient's gross income, if the item is significant in
17        amount and reduces personal expenses.
18        (3.2) Unemployment or underemployment. If a parent is
19    voluntarily unemployed or underemployed, child support
20    shall be calculated based on a determination of potential
21    income. A determination of potential income shall be made
22    by determining employment potential and probable earnings
23    level based on the obligor's work history, occupational
24    qualifications, prevailing job opportunities, the
25    ownership by a parent of a substantial non-income producing
26    asset, and earnings levels in the community. If there is



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1    insufficient work history to determine employment
2    potential and probable earnings level, there shall be a
3    rebuttable presumption that the parent's potential income
4    is 75% of the most recent United States Department of
5    Health and Human Services Federal Poverty Guidelines for a
6    family of one person.
7        (3.3) Minimum orders. There is a rebuttable
8    presumption in any judicial or administrative proceeding
9    for child support that the amount of the award which would
10    result from the application of the child support guidelines
11    is the correct amount of child support to be awarded.
12        There is a rebuttable presumption that a minimum child
13    support obligation of $40 per month, per child, will be
14    entered for a payor parent who has actual or imputed income
15    at or less than 75% of the most recent United States
16    Department of Health and Human Services Federal Poverty
17    Guidelines for a family of one person, with a maximum total
18    child support obligation for that payor of $120 per month
19    to be divided equally among all of the payor parent's
20    children.
21        For parents with no gross income, including those who
22    receive only means-tested assistance or who cannot work due
23    to a medically proven disability, incarceration, or
24    institutionalization, there is a rebuttable presumption
25    that the $40 per month minimum support order is
26    inappropriate and a zero dollar order shall be entered.



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1        (3.4) Deviation factors. In any action to establish or
2    modify child support, whether temporary or permanent, the
3    child support guidelines shall be used as a rebuttable
4    presumption for the establishment or modification of the
5    amount of child support. The court may deviate from the
6    child support guidelines if the application would be
7    inequitable, unjust, or inappropriate. Any deviation shall
8    be accompanied by written findings by the court specifying
9    the reasons for the deviation and the presumed amount under
10    the child support guidelines without a deviation. These
11    reasons may include:
12            (A) extraordinary medical expenditures necessary
13        to preserve the life or health of a party or a child of
14        either or both of the parties;
15            (B) additional expenses incurred for a child
16        subject to the child support order who has special
17        medical, physical, or developmental needs; and
18            (C) any other factor the court determines should be
19        applied upon a finding that the application of the
20        child support guidelines would be inappropriate, after
21        considering the best interest of the child.
22        (3.5) Income in excess of table. A court may use
23    discretion to determine child support if the combined
24    adjusted gross income exceeds the uppermost levels of the
25    schedule of basic child support obligations, except that
26    the presumptive basic child support obligation shall not be



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1    less than it would be based on the highest level of
2    adjusted gross income set forth in the schedule of basic
3    child support obligations.
4        (3.6) Extracurricular activities and school expenses.
5    The court, in its discretion, in addition to the basic
6    child support obligation, may order either or both parents
7    owing a duty of support to the child to contribute to the
8    reasonable school and extracurricular activity expenses
9    incurred which are intended to enhance the educational,
10    athletic, social, or cultural development of the child.
11        (3.7) Child care expenses. The court, in its
12    discretion, in addition to the basic child support
13    obligation, may order either or both parents owing a duty
14    of support to the child to contribute to the reasonable
15    child care expenses of the child. The child care expenses
16    shall be made payable directly to a party or directly to
17    the child care provider at the time of services.
18            (A) As used in this paragraph (3.7), "child care
19        expenses" means actual annualized monthly child care
20        expenses reasonably necessary to enable a parent or
21        non-parent custodian to be employed, attend education
22        and training activities, or job search, and includes
23        after-school care and all work-related child care
24        expenses incurred while receiving education or
25        training to improve employment opportunities. "Child
26        care expenses" includes deposits for the retention of



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1        securing placement in child care programs. "Child care
2        expenses" may include camps when school is not in
3        session. Parties may agree on additional day camps.
4        Child care expenses due to a child's special needs
5        shall be a consideration in determining reasonable
6        child care expenses for a child with special needs.
7            (B) Child care expenses shall be calculated as set
8        forth in this paragraph. Child care expenses shall be
9        prorated in proportion to each parent's percentage
10        share of combined parental net income, and added to the
11        basic child support obligation. The obligor's portion
12        of actual child care expenses shall appear in the
13        support order. The obligee's share of child care
14        expenses shall be paid by the obligee directly to the
15        child care provider.
16            (C) The amount of child care expenses shall be
17        adequate to obtain reasonable and necessary child
18        care. The family's actual child care expenses shall be
19        used to calculate the child care expense
20        contributions, if available. When actual child care
21        expenses vary, the actual child care expenses shall be
22        averaged over the most recent 12-month period. When the
23        parent is temporarily unemployed or temporarily not
24        attending school, then child care expenses shall be
25        based upon prospective expenses to be incurred upon
26        return to employment.



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1            (D) An order for child care expenses may be
2        modified upon a showing of a substantial change in
3        circumstances. Persons incurring child care expenses
4        shall notify the obligor within 14 days of any change
5        in the amount of child care expenses that would affect
6        the annualized child care amount as determined in the
7        support order.
8        (3.8) Shared parenting. If each parent exercises 146 or
9    more overnights per year with the child, the basic child
10    support obligation is multiplied by 1.5 to calculate the
11    shared care child support obligation. The child support
12    obligation is then computed for each parent by multiplying
13    that parent's portion of the shared care support obligation
14    by the percentage of time the child spends with the other
15    parent. The respective child support obligations are then
16    offset, with the parent owing more child support paying the
17    difference between the 2 amounts. Child support for cases
18    with shared physical care are calculated using a child
19    support worksheet promulgated by the Department of
20    Healthcare and Family Services. An adjustment for shared
21    physical care is made only when each parent has the child
22    for 146 or more overnights per year.
23        (3.9) Split care. Split care refers to a situation in
24    which there is more than one child and each parent has
25    physical care of at least one but not all of the children.
26    In a split care situation, the support is calculated by



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1    using 2 child support worksheets to determine the support
2    each parent owes the other. The resulting obligations are
3    then offset, with one parent owing the other the difference
4    as a child support order. The support shall be calculated
5    as follows:
6            (A) compute the support the first parent would owe
7        to other parent as if the child in his or her care was
8        the only child of the parties; then
9            (B) compute the support the other parent would owe
10        to the first parent as if the child in his or her care
11        were the only child of the parties; then
12            (C) subtract the lesser support obligation from
13        the greater.
14        The parent who owes the greater obligation shall be
15    ordered to pay the difference in support to the other
16    parent, unless the court determines, pursuant to other
17    provisions of this Section, that it should deviate from the
18    guidelines.
19        (4) Health care.
20            (A) A portion of the basic child support obligation
21        is intended to cover basic ordinary out-of-pocket
22        medical expenses. The court, in its discretion, in
23        addition to the basic child support obligation, shall
24        also provide for the child's current and future medical
25        needs by ordering either or both parents to initiate
26        health or medical coverage for the child through



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1        currently effective health or medical insurance
2        policies held by the parent or parents, purchase either
3        or all of health or medical, dental, or vision
4        insurance policies for the child, or provide for the
5        child's current and future medical needs through some
6        other manner.
7            (B) The court, in its discretion, may also order
8        either or both parents to contribute to the reasonable
9        health care needs of the child not covered by
10        insurance, including, but not limited to, unreimbursed
11        medical, dental, orthodontic, or vision expenses and
12        any prescription medication for the child not covered
13        under the child's health or medical insurance.
14            (C) If neither parent has access to appropriate
15        private health care coverage, the court may order:
16                (I) one or both parents to provide health care
17            coverage at any time it becomes available at a
18            reasonable cost; or
19                (II) the parent with primary physical
20            responsibility for the child to apply for public
21            health care coverage for the child and the other
22            parent to pay a reasonable amount of the cost for
23            medical support.
24            If cash medical support is ordered, the order may
25        also provide that any time private health care coverage
26        is available at a reasonable cost to that party it will



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1        be provided instead of cash medical support. As used in
2        this Section, "cash medical support" means an amount
3        ordered to be paid toward the cost of health insurance
4        provided by a public entity or by another person
5        through employment or otherwise or for other medical
6        costs not covered by insurance.
7            (D) The amount to be added to the basic child
8        support obligation shall be the actual amount of the
9        total insurance premium that is attributable to the
10        child who is the subject of the order. If this amount
11        is not available or cannot be verified, the total cost
12        of the premium shall be divided by the total number of
13        persons covered by the policy. The cost per person
14        derived from this calculation shall be multiplied by
15        the number of children who are the subject of the order
16        and who are covered under the policy. This amount shall
17        be added to the basic child support obligation and
18        shall be divided between the parents in proportion to
19        their adjusted gross incomes.
20            (E) After the health insurance premium for the
21        child is added to the basic child support obligation
22        and divided between the parents in proportion to their
23        respective incomes for child support purposes, if the
24        obligor is paying the premium, the amount calculated
25        for the obligee's share of the health insurance premium
26        for the child shall be deducted from the obligor's



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1        share of the total child support obligation. If the
2        obligee is paying the premium, no further adjustment is
3        necessary.
4            (F) Prior to allowing the health insurance
5        adjustment, the parent requesting the adjustment must
6        submit proof that the child has been enrolled in a
7        health insurance plan and must submit proof of the cost
8        of the premium. The court shall require the parent
9        receiving the adjustment to annually submit proof of
10        continued coverage of the child to the child support
11        enforcement unit and to the other parent.
12            (G) A reasonable cost for providing health care
13        coverage for the child or children may not exceed 5% of
14        the providing parent's gross income. Parents with a net
15        income below 133% of the most recent United States
16        Department of Health and Human Services Federal
17        Poverty Guidelines or whose child is covered by
18        Medicaid based on that parent's income may not be
19        ordered to contribute toward or provide private
20        coverage, unless private coverage is obtainable
21        without any financial contribution by that parent.
22            (H) If dental or vision insurance is included as
23        part of the employer's medical plan, the coverage shall
24        be maintained for the child. If not included in the
25        employer's medical plan, adding the dental or vision
26        insurance for the child is at the discretion of the



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1        court.
2            (I) If a parent has been directed to provide health
3        insurance pursuant to this paragraph and that parent's
4        spouse or legally recognized partner provides the
5        insurance for the benefit of the child either directly
6        or through employment, a credit on the child support
7        worksheet shall be given to that parent in the same
8        manner as if the premium were paid by that parent.
9        (1) The Court shall determine the minimum amount of
10    support by using the following guidelines:
11Number of ChildrenPercent of Supporting Party's
12Net Income
186 or more50%
19        (2) The above guidelines shall be applied in each case
20    unless the court finds that a deviation from the guidelines
21    is appropriate after considering the best interest of the
22    child in light of the evidence, including, but not limited
23    to, one or more of the following relevant factors:
24            (a) the financial resources and needs of the child;
25            (b) the financial resources and needs of the
26        custodial parent;



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1            (c) the standard of living the child would have
2        enjoyed had the marriage not been dissolved;
3            (d) the physical, mental, and emotional needs of
4        the child;
5            (d-5) the educational needs of the child; and
6            (e) the financial resources and needs of the
7        non-custodial parent.
8        If the court deviates from the guidelines, the court's
9    finding shall state the amount of support that would have
10    been required under the guidelines, if determinable. The
11    court shall include the reason or reasons for the variance
12    from the guidelines.
13        (2.5) The court, in its discretion, in addition to
14    setting child support pursuant to the guidelines and
15    factors, may order either or both parents owing a duty of
16    support to a child of the marriage to contribute to the
17    following expenses, if determined by the court to be
18    reasonable:
19            (a) health needs not covered by insurance;
20            (b) child care;
21            (c) education; and
22            (d) extracurricular activities.
23        (3) "Net income" is defined as the total of all income
24    from all sources, minus the following deductions:
25            (a) Federal income tax (properly calculated
26        withholding or estimated payments);



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1            (b) State income tax (properly calculated
2        withholding or estimated payments);
3            (c) Social Security (FICA payments);
4            (d) Mandatory retirement contributions required by
5        law or as a condition of employment;
6            (e) Union dues;
7            (f) Dependent and individual
8        health/hospitalization insurance premiums and premiums
9        for life insurance ordered by the court to reasonably
10        secure payment of ordered child support;
11            (g) Prior obligations of support or maintenance
12        actually paid pursuant to a court order;
13            (g-5) Obligations pursuant to a court order for
14        maintenance in the pending proceeding actually paid or
15        payable under Section 504 to the same party to whom
16        child support is to be payable;
17            (h) Expenditures for repayment of debts that
18        represent reasonable and necessary expenses for the
19        production of income, medical expenditures necessary
20        to preserve life or health, reasonable expenditures
21        for the benefit of the child and the other parent,
22        exclusive of gifts. The court shall reduce net income
23        in determining the minimum amount of support to be
24        ordered only for the period that such payments are due
25        and shall enter an order containing provisions for its
26        self-executing modification upon termination of such



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1        payment period;
2            (i) Foster care payments paid by the Department of
3        Children and Family Services for providing licensed
4        foster care to a foster child.
5        (4) In cases where the court order provides for
6    health/hospitalization insurance coverage pursuant to
7    Section 505.2 of this Act, the premiums for that insurance,
8    or that portion of the premiums for which the supporting
9    party is responsible in the case of insurance provided
10    through an employer's health insurance plan where the
11    employer pays a portion of the premiums, shall be
12    subtracted from net income in determining the minimum
13    amount of support to be ordered.
14        (4.5) In a proceeding for child support following
15    dissolution of the marriage or civil union by a court that
16    lacked personal jurisdiction over the absent spouse, and in
17    which the court is requiring payment of support for the
18    period before the date an order for current support is
19    entered, there is a rebuttable presumption that the
20    supporting party's net income for the prior period was the
21    same as his or her net income at the time the order for
22    current support is entered.
23        (5) If the net income cannot be determined because of
24    default or any other reason, the court shall order support
25    in an amount considered reasonable in the particular case.
26    The final order in all cases shall state the support level



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



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



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



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1        (3) the non-custodial parent transfers assets to the
2    person, persons, or business entity with the intent to
3    perpetrate a fraud on the custodial parent.
4    With respect to assets which are real property, no order
5entered under this paragraph shall affect the rights of bona
6fide purchasers, mortgagees, judgment creditors, or other lien
7holders who acquire their interests in the property prior to
8the time a notice of lis pendens pursuant to the Code of Civil
9Procedure or a copy of the order is placed of record in the
10office of the recorder of deeds for the county in which the
11real property is located.
12    The court may also order in cases where the parent is 90
13days or more delinquent in payment of support or has been
14adjudicated in arrears in an amount equal to 90 days obligation
15or more, that the parent's Illinois driving privileges be
16suspended until the court determines that the parent is in
17compliance with the order of support. The court may also order
18that the parent be issued a family financial responsibility
19driving permit that would allow limited driving privileges for
20employment and medical purposes in accordance with Section
217-702.1 of the Illinois Vehicle Code. The Clerk of the Circuit
22Court clerk of the circuit court shall certify the order
23suspending the driving privileges of the parent or granting the
24issuance of a family financial responsibility driving permit to
25the Secretary of State on forms prescribed by the Secretary.
26Upon receipt of the authenticated documents, the Secretary of



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1State shall suspend the parent's driving privileges until
2further order of the court and shall, if ordered by the court,
3subject to the provisions of Section 7-702.1 of the Illinois
4Vehicle Code, issue a family financial responsibility driving
5permit to the parent.
6    In addition to the penalties or punishment that may be
7imposed under this Section, any person whose conduct
8constitutes a violation of Section 15 of the Non-Support
9Punishment Act may be prosecuted under that Act, and a person
10convicted under that Act may be sentenced in accordance with
11that Act. The sentence may include but need not be limited to a
12requirement that the person perform community service under
13Section 50 of that Act or participate in a work alternative
14program under Section 50 of that Act. A person may not be
15required to participate in a work alternative program under
16Section 50 of that Act if the person is currently participating
17in a work program pursuant to Section 505.1 of this Act.
18    A support obligation, or any portion of a support
19obligation, which becomes due and remains unpaid as of the end
20of each month, excluding the child support that was due for
21that month to the extent that it was not paid in that month,
22shall accrue simple interest as set forth in Section 12-109 of
23the Code of Civil Procedure. An order for support entered or
24modified on or after January 1, 2006 shall contain a statement
25that a support obligation required under the order, or any
26portion of a support obligation required under the order, that



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1becomes due and remains unpaid as of the end of each month,
2excluding the child support that was due for that month to the
3extent that it was not paid in that month, shall accrue simple
4interest as set forth in Section 12-109 of the Code of Civil
5Procedure. Failure to include the statement in the order for
6support does not affect the validity of the order or the
7accrual of interest as provided in this Section.
8    (c) A one-time charge of 20% is imposable upon the amount
9of past-due child support owed on July 1, 1988 which has
10accrued under a support order entered by the court. The charge
11shall be imposed in accordance with the provisions of Section
1210-21 of the Illinois Public Aid Code and shall be enforced by
13the court upon petition.
14    (d) Any new or existing support order entered by the court
15under this Section shall be deemed to be a series of judgments
16against the person obligated to pay support thereunder, each
17such judgment to be in the amount of each payment or
18installment of support and each such judgment to be deemed
19entered as of the date the corresponding payment or installment
20becomes due under the terms of the support order. Each such
21judgment shall have the full force, effect and attributes of
22any other judgment of this State, including the ability to be
23enforced. Notwithstanding any other State or local law to the
24contrary, a lien arises by operation of law against the real
25and personal property of the noncustodial parent for each
26installment of overdue support owed by the noncustodial parent.



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1    (e) When child support is to be paid through the Clerk of
2the Court clerk of the court in a county of 1,000,000
3inhabitants or less, the order shall direct the obligor to pay
4to the Clerk clerk, in addition to the child support payments,
5all fees imposed by the county board under paragraph (3) of
6subsection (u) of Section 27.1 of the Clerks of Courts Act.
7Unless paid in cash or pursuant to an order for withholding,
8the payment of the fee shall be by a separate instrument from
9the support payment and shall be made to the order of the
11    (f) All orders for support, when entered or modified, shall
12include a provision requiring the obligor to notify the court
13and, in cases in which a party is receiving child and spouse
14services under Article X of the Illinois Public Aid Code, the
15Department of Healthcare and Family Services, within 7 days,
16(i) of the name and address of any new employer of the obligor,
17(ii) whether the obligor has access to health insurance
18coverage through the employer or other group coverage and, if
19so, the policy name and number and the names of persons covered
20under the policy, and (iii) of any new residential or mailing
21address or telephone number of the non-custodial parent. In any
22subsequent action to enforce a support order, upon a sufficient
23showing that a diligent effort has been made to ascertain the
24location of the non-custodial parent, service of process or
25provision of notice necessary in the case may be made at the
26last known address of the non-custodial parent in any manner



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1expressly provided by the Code of Civil Procedure or this Act,
2which service shall be sufficient for purposes of due process.
3    (g) An order for support shall include a date on which the
4current support obligation terminates. The termination date
5shall be no earlier than the date on which the child covered by
6the order will attain the age of 18. However, if the child will
7not graduate from high school until after attaining the age of
818, then the termination date shall be no earlier than the
9earlier of the date on which the child's high school graduation
10will occur or the date on which the child will attain the age
11of 19. The order for support shall state that the termination
12date does not apply to any arrearage that may remain unpaid on
13that date. Nothing in this subsection shall be construed to
14prevent the court from modifying the order or terminating the
15order in the event the child is otherwise emancipated.
16    (g-5) If there is an unpaid arrearage or delinquency (as
17those terms are defined in the Income Withholding for Support
18Act) equal to at least one month's support obligation on the
19termination date stated in the order for support or, if there
20is no termination date stated in the order, on the date the
21child attains the age of majority or is otherwise emancipated,
22the periodic amount required to be paid for current support of
23that child immediately prior to that date shall automatically
24continue to be an obligation, not as current support but as
25periodic payment toward satisfaction of the unpaid arrearage or
26delinquency. That periodic payment shall be in addition to any



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



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1with nonpayment of support for a period in excess of 60 days,
2is indirect criminal contempt. For any obligor arrested for
3failure to report new employment bond shall be set in the
4amount of the child support that should have been paid during
5the period of unreported employment. An order entered under
6this Section shall also include a provision requiring the
7obligor and obligee parents to advise each other of a change in
8residence within 5 days of the change except when the court
9finds that the physical, mental, or emotional health of a party
10or that of a child, or both, would be seriously endangered by
11disclosure of the party's address.
12    (i) The court does not lose the powers of contempt,
13driver's license suspension, or other child support
14enforcement mechanisms, including, but not limited to,
15criminal prosecution as set forth in this Act, upon the
16emancipation of the minor child or children.
17(Source: P.A. 97-186, eff. 7-22-11; 97-608, eff. 1-1-12;
1897-813, eff. 7-13-12; 97-878, eff. 8-2-12; 97-941, eff. 1-1-13;
1997-1029, eff. 1-1-13; 98-463, eff. 8-16-13; 98-961, eff.
21    (750 ILCS 5/510)  (from Ch. 40, par. 510)
22    Sec. 510. Modification and termination of provisions for
23maintenance, support, educational expenses, and property
25    (a) Except as otherwise provided in paragraph (f) of



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1Section 502 and in subsection (b), clause (3) of Section 505.2,
2the provisions of any judgment respecting maintenance or
3support may be modified only as to installments accruing
4subsequent to due notice by the moving party of the filing of
5the motion for modification. An order for child support may be
6modified as follows:
7        (1) upon a showing of a substantial change in
8    circumstances; and
9        (2) without the necessity of showing a substantial
10    change in circumstances, as follows:
11            (A) upon a showing of an inconsistency of at least
12        20%, but no less than $10 per month, between the amount
13        of the existing order and the amount of child support
14        that results from application of the guidelines
15        specified in Section 505 of this Act unless the
16        inconsistency is due to the fact that the amount of the
17        existing order resulted from a deviation from the
18        guideline amount and there has not been a change in the
19        circumstances that resulted in that deviation; or
20            (B) upon a showing of a need to provide for the
21        health care needs of the child under the order through
22        health insurance or other means. In no event shall the
23        eligibility for or receipt of medical assistance be
24        considered to meet the need to provide for the child's
25        health care needs.
26    The provisions of subparagraph (a)(2)(A) shall apply only



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1in cases in which a party is receiving child support
2enforcement services from the Department of Healthcare and
3Family Services under Article X of the Illinois Public Aid
4Code, and only when at least 36 months have elapsed since the
5order for child support was entered or last modified.
6    The court may grant a petition for modification that seeks
7to apply the changes made to subsection (a) of Section 505 by
8this amendatory Act of the 99th General Assembly to an order
9entered before the effective date of this amendatory Act of the
1099th General Assembly only upon a finding of a substantial
11change in circumstances that warrants application of the
12changes. The enactment of this amendatory Act of the 99th
13General Assembly itself does not constitute a substantial
14change in circumstances warranting a modification.
15    (a-5) An order for maintenance may be modified or
16terminated only upon a showing of a substantial change in
17circumstances. In all such proceedings, as well as in
18proceedings in which maintenance is being reviewed, the court
19shall consider the applicable factors set forth in subsection
20(a) of Section 504 and the following factors:
21        (1) any change in the employment status of either party
22    and whether the change has been made in good faith;
23        (2) the efforts, if any, made by the party receiving
24    maintenance to become self-supporting, and the
25    reasonableness of the efforts where they are appropriate;
26        (3) any impairment of the present and future earning



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1    capacity of either party;
2        (4) the tax consequences of the maintenance payments
3    upon the respective economic circumstances of the parties;
4        (5) the duration of the maintenance payments
5    previously paid (and remaining to be paid) relative to the
6    length of the marriage;
7        (6) the property, including retirement benefits,
8    awarded to each party under the judgment of dissolution of
9    marriage, judgment of legal separation, or judgment of
10    declaration of invalidity of marriage and the present
11    status of the property;
12        (7) the increase or decrease in each party's income
13    since the prior judgment or order from which a review,
14    modification, or termination is being sought;
15        (8) the property acquired and currently owned by each
16    party after the entry of the judgment of dissolution of
17    marriage, judgment of legal separation, or judgment of
18    declaration of invalidity of marriage; and
19        (9) any other factor that the court expressly finds to
20    be just and equitable.
21    (b) The provisions as to property disposition may not be
22revoked or modified, unless the court finds the existence of
23conditions that justify the reopening of a judgment under the
24laws of this State.
25    (c) Unless otherwise agreed by the parties in a written
26agreement set forth in the judgment or otherwise approved by



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1the court, the obligation to pay future maintenance is
2terminated upon the death of either party, or the remarriage of
3the party receiving maintenance, or if the party receiving
4maintenance cohabits with another person on a resident,
5continuing conjugal basis. Any obligation of a payor party for
6premium payments respecting insurance on such party's life
7imposed under subsection (f) of Section 504 is also terminated
8on the occurrence of any of the foregoing events, unless
9otherwise agreed by the parties. Any termination of an
10obligation for maintenance as a result of the death of the
11payor party, however, shall be inapplicable to any right of the
12other party or such other party's designee to receive a death
13benefit under such insurance on the payor party's life.
14    (d) Unless otherwise provided in this Act, or as agreed in
15writing or expressly provided in the judgment, provisions for
16the support of a child are terminated by emancipation of the
17child, or if the child has attained the age of 18 and is still
18attending high school, provisions for the support of the child
19are terminated upon the date that the child graduates from high
20school or the date the child attains the age of 19, whichever
21is earlier, but not by the death of a parent obligated to
22support or educate the child. An existing obligation to pay for
23support or educational expenses, or both, is not terminated by
24the death of a parent. When a parent obligated to pay support
25or educational expenses, or both, dies, the amount of support
26or educational expenses, or both, may be enforced, modified,



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1revoked or commuted to a lump sum payment, as equity may
2require, and that determination may be provided for at the time
3of the dissolution of the marriage or thereafter.
4    (e) The right to petition for support or educational
5expenses, or both, under Sections 505 and 513 is not
6extinguished by the death of a parent. Upon a petition filed
7before or after a parent's death, the court may award sums of
8money out of the decedent's estate for the child's support or
9educational expenses, or both, as equity may require. The time
10within which a claim may be filed against the estate of a
11decedent under Sections 505 and 513 and subsection (d) and this
12subsection shall be governed by the provisions of the Probate
13Act of 1975, as a barrable, noncontingent claim.
14    (f) A petition to modify or terminate child support,
15custody, or visitation shall not delay any child support
16enforcement litigation or supplementary proceeding on behalf
17of the obligee, including, but not limited to, a petition for a
18rule to show cause, for non-wage garnishment, or for a
19restraining order.
20(Source: P.A. 97-608, eff. 1-1-12.)
21    Section 99. Effective date. This Act takes effect July 1,