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90_SB0410
750 ILCS 5/202 from Ch. 40, par. 202
750 ILCS 5/203.5 new
Amends the Illinois Marriage and Dissolution of Marriage
Act. Provides that a marriage license application form shall
ask whether either party to the proposed marriage owes
delinquent court-ordered child support. If so, or if either
party refuses to answer the question, no marriage license
shall be issued. Provides that the county clerk shall
provide a document prepared by the Illinois Department of
Public Aid explaining delinquent child support and penalties
for a false response to the question. Provides that the
Department of Public Aid and the circuit clerk may compare
marriage license applications to their records and if a
discrepancy is found may report the apparent violation of the
law to the appropriate authorities. Submitting a false
answer to a question on the marriage license application form
regarding delinquent court-ordered child support is a Class A
misdemeanor.
LRB9001454SMcc
LRB9001454SMcc
1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Section 202 and by adding Section
3 203.5.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Marriage and Dissolution of
7 Marriage Act is amended by changing Section 202 and by adding
8 Section 203.5 as follows:
9 (750 ILCS 5/202) (from Ch. 40, par. 202)
10 Sec. 202. Marriage License and Marriage Certificate.)
11 (a) The Director of Public Health shall prescribe the form
12 for an application for a marriage license, which shall
13 include the following information:
14 (1) name, sex, occupation, address, social security
15 number, date and place of birth of each party to the proposed
16 marriage;
17 (2) if either party was previously married, his name,
18 and the date, place and court in which the marriage was
19 dissolved or declared invalid or the date and place of death
20 of the former spouse;
21 (3) name and address of the parents or guardian of each
22 party; and
23 (4) whether the parties are related to each other and,
24 if so, their relationship; and.
25 (5) whether either party to the proposed marriage owes
26 delinquent court-ordered child support as defined in Section
27 203.5.
28 (b) The Director of Public Health shall prescribe the
29 forms for the marriage license, the marriage certificate and,
30 when necessary, the consent to marriage.
31 (Source: P.A. 80-923.)
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1 (750 ILCS 5/203.5 new)
2 Sec. 203.5. Effect of owing delinquent court-ordered
3 child support.
4 (a) No marriage license shall be issued by the county
5 clerk if either party to the proposed marriage: (1) certifies
6 that he or she owes delinquent court-ordered child support;
7 or (2) refuses to provide the information requested on the
8 marriage license application regarding delinquent
9 court-ordered child support.
10 (b) A child support payment is considered delinquent for
11 purposes of subsection (a) if it is more than 30 days late. A
12 child support payment shall not be considered delinquent,
13 however, if the person is not more than 30 days late paying
14 pursuant to a payment plan that (i) has been approved by a
15 court or the Department of Public Aid and (ii) is designed to
16 make up an existing arrearage over a specified period of
17 time.
18 (c) With each marriage license application, the county
19 clerk shall provide to both parties to the proposed marriage
20 a document prepared by the Department of Public Aid
21 explaining the circumstances that constitute delinquent
22 court-ordered child support under this Section and the
23 penalty for submitting a false response to this question on
24 the application.
25 (d) Upon request of a circuit clerk or the Department of
26 Public Aid, the county clerk shall forward to the circuit
27 clerk or to the Department of Public Aid copies of all
28 marriage license applications that are requested. The circuit
29 clerk and the Department may check the marriage license
30 applications against their existing records. If the circuit
31 clerk or the Department determines that it has records
32 contradicting a marriage license application provided, the
33 circuit clerk or the Department shall notify the appropriate
34 authorities of the apparent violation of the law.
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1 (e) A person commits a Class A misdemeanor if he or she
2 knowingly submits a false answer to any question in the
3 marriage license application pertaining to delinquent
4 court-ordered child support.