State of Illinois
91st General Assembly
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91_HB1414

 
                                               LRB9104123DJcd

 1        AN ACT concerning child support, amending named Acts.

 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 Section 10-10 as follows:

 6        (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
 7        Sec.  10-10.   Court  enforcement;  applicability also to
 8    persons who are not applicants or recipients.   Except  where
 9    the  Illinois  Department,  by  agreement, acts for the local
10    governmental unit,  as  provided  in  Section  10-3.1,  local
11    governmental  units shall refer to the State's Attorney or to
12    the proper legal representative of the governmental unit, for
13    judicial  enforcement  as  herein  provided,   instances   of
14    non-support  or  insufficient support when the dependents are
15    applicants or recipients under Article  VI.   The  Child  and
16    Spouse   Support  Unit  established  by  Section  10-3.1  may
17    institute in behalf of the Illinois  Department  any  actions
18    under  this  Section  for judicial enforcement of the support
19    liability  when  the  dependents  are   (a)   applicants   or
20    recipients under Articles III, IV, V or VII (b) applicants or
21    recipients  in  a  local  governmental unit when the Illinois
22    Department,  by  agreement,  acts  for  the  unit;   or   (c)
23    non-applicants  or  non-recipients  who are receiving support
24    enforcement services under this Article  X,  as  provided  in
25    Section  10-1.  Where  the  Child and Spouse Support Unit has
26    exercised  its  option  and  discretion  not  to  apply   the
27    provisions  of Sections 10-3 through 10-8, the failure by the
28    Unit to apply such provisions shall not be a bar to  bringing
29    an action under this Section.
30        Action  shall  be  brought in the circuit court to obtain
31    support, or for the recovery of aid granted during the period
 
                            -2-                LRB9104123DJcd
 1    such support was not provided, or both for the obtainment  of
 2    support  and  the  recovery of the aid provided.  Actions for
 3    the recovery of aid may be taken separately or  they  may  be
 4    consolidated  with  actions  to obtain support.  Such actions
 5    may be brought in the name of the person or persons requiring
 6    support, or may be  brought  in  the  name  of  the  Illinois
 7    Department  or  the  local  governmental  unit,  as  the case
 8    requires, in behalf of such persons.
 9        The court may enter such orders for the payment of moneys
10    for the support of the person as may be  just  and  equitable
11    and  may direct payment thereof for such period or periods of
12    time as the circumstances require, including  support  for  a
13    period before the date the order for support is entered.  The
14    order  may  be  entered  against  any or all of the defendant
15    responsible relatives and may be based upon the proportionate
16    ability of each to contribute to the person's support.
17        The Court shall determine the  amount  of  child  support
18    (including  child  support  for  a period before the date the
19    order for child support is entered) by using  the  guidelines
20    and  standards set forth in subsection (a) of Section 505 and
21    in Section 505.2 of the Illinois Marriage and Dissolution  of
22    Marriage Act. For purposes of determining the amount of child
23    support to be paid for a period before the date the order for
24    child  support  is entered, there is a rebuttable presumption
25    that the responsible relative's net income  for  that  period
26    was  the  same as his or her net income at the time the order
27    is entered.
28        If (i) the responsible relative was properly served  with
29    a  request for discovery of financial information relating to
30    the responsible relative's ability to provide child  support,
31    (ii)  the  responsible  relative  failed  to  comply with the
32    request, despite having been ordered to do so by  the  court,
33    and  (iii)  the  responsible  relative  is not present at the
34    hearing to determine support despite having  received  proper
 
                            -3-                LRB9104123DJcd
 1    notice,  then  any  relevant financial information concerning
 2    the responsible relative's ability to provide  child  support
 3    that  was  obtained  pursuant  to  subpoena and proper notice
 4    shall be admitted into evidence without the need to establish
 5    any further foundation for its admission.
 6        An order entered  under  this  Section  shall  include  a
 7    provision  requiring the obligor to report to the obligee and
 8    to the clerk of court within 10 days each  time  the  obligor
 9    obtains   new   employment,   and  each  time  the  obligor's
10    employment is terminated for any reason. The report shall  be
11    in  writing and shall, in the case of new employment, include
12    the name and address of the new employer. Failure  to  report
13    new  employment  or the termination of current employment, if
14    coupled with nonpayment of support for a period in excess  of
15    60  days,  is  indirect  criminal  contempt.  For any obligor
16    arrested for failure to report new employment bond  shall  be
17    set  in the amount of the child support that should have been
18    paid during the period of unreported  employment.   An  order
19    entered  under  this  Section  shall also include a provision
20    requiring the obligor and  obligee  parents  to  advise  each
21    other  of  a  change in residence within 5 days of the change
22    except when the court finds that  the  physical,  mental,  or
23    emotional  health  of  a  party  or that of a minor child, or
24    both, would be seriously  endangered  by  disclosure  of  the
25    party's address.
26        The Court shall determine the amount of maintenance using
27    the  standards  set  forth  in  Section  504  of the Illinois
28    Marriage and Dissolution of Marriage Act.
29        Any new or existing support order entered  by  the  court
30    under  this  Section  shall  be  deemed  to  be  a  series of
31    judgments  against  the  person  obligated  to  pay   support
32    thereunder,  each  such  judgment to be in the amount of each
33    payment or installment of support and each such  judgment  to
34    be deemed entered as of the date the corresponding payment or
 
                            -4-                LRB9104123DJcd
 1    installment becomes due under the terms of the support order.
 2    Each  such  judgment  shall  have  the full force, effect and
 3    attributes of any other judgment of this State, including the
 4    ability to be enforced.  Any  such  judgment  is  subject  to
 5    modification  or  termination only in accordance with Section
 6    510 of the Illinois Marriage and Dissolution of Marriage Act.
 7    A lien arises by  operation  of  law  against  the  real  and
 8    personal   property  of  the  noncustodial  parent  for  each
 9    installment of  overdue  support  owed  by  the  noncustodial
10    parent.
11        When  an order is entered for the support of a minor, the
12    court may provide therein for reasonable  visitation  of  the
13    minor  by the person or persons who provided support pursuant
14    to the order.  Whoever willfully refuses to comply with  such
15    visitation order or willfully interferes with its enforcement
16    may be declared in contempt of court and punished therefor.
17        Except where the local governmental unit has entered into
18    an  agreement  with the Illinois Department for the Child and
19    Spouse Support Unit to act for it,  as  provided  in  Section
20    10-3.1,   support  orders  entered  by  the  court  in  cases
21    involving applicants or recipients  under  Article  VI  shall
22    provide  that  payments  thereunder  be  made directly to the
23    local governmental unit.  Orders for the support of all other
24    applicants  or  recipients  shall   provide   that   payments
25    thereunder  be  made  directly to the Illinois Department. In
26    accordance with federal law  and  regulations,  the  Illinois
27    Department   may  continue  to  collect  current  maintenance
28    payments or child support  payments,  or  both,  after  those
29    persons   cease   to  receive  public  assistance  and  until
30    termination  of  services  under  Article  X.   The  Illinois
31    Department shall  pay  the  net  amount  collected  to  those
32    persons  after  deducting  any  costs  incurred in making the
33    collection or any collection  fee  from  the  amount  of  any
34    recovery  made.   In  both  cases  the order shall permit the
 
                            -5-                LRB9104123DJcd
 1    local governmental unit or the Illinois  Department,  as  the
 2    case  may be, to direct the responsible relative or relatives
 3    to make support payments directly to the needy person, or  to
 4    some  person  or  agency  in  his behalf, upon removal of the
 5    person from the public  aid  rolls  or  upon  termination  of
 6    services under Article X.
 7        If  the  notice of support due issued pursuant to Section
 8    10-7 directs that support payments be made  directly  to  the
 9    needy  person, or to some person or agency in his behalf, and
10    the recipient is removed from the  public  aid  rolls,  court
11    action   may   be  taken  against  the  responsible  relative
12    hereunder if he fails to furnish support in  accordance  with
13    the terms of such notice.
14        Actions  may also be brought under this Section in behalf
15    of any person who is in  need  of  support  from  responsible
16    relatives,  as  defined  in Section 2-11 of Article II who is
17    not an applicant for or recipient of financial aid under this
18    Code.  In such instances, the State's Attorney of the  county
19    in  which  such person resides shall bring action against the
20    responsible relatives hereunder.  If the Illinois Department,
21    as authorized by Section 10-1, extends the  support  services
22    provided  by  this  Article to spouses and dependent children
23    who are not applicants or recipients  under  this  Code,  the
24    Child  and  Spouse Support Unit established by Section 10-3.1
25    shall  bring  action  against   the   responsible   relatives
26    hereunder and any support orders entered by the court in such
27    cases shall provide that payments thereunder be made directly
28    to the Illinois Department.
29        Whenever it is determined in a proceeding to establish or
30    enforce  a  child  support or maintenance obligation that the
31    person owing a duty of support is unemployed, the  court  may
32    order  the  person to seek employment and report periodically
33    to the court with a diary, listing or other memorandum of his
34    or her efforts in accordance with such order.   Additionally,
 
                            -6-                LRB9104123DJcd
 1    the  court  may  order the unemployed person to report to the
 2    Department of Employment Security for job search services  or
 3    to  make application with the local Jobs Training Partnership
 4    Act provider for participation in  job  search,  training  or
 5    work  programs  and  where  the  duty of support is owed to a
 6    child receiving support services under this  Article  X,  the
 7    court  may  order  the  unemployed  person  to  report to the
 8    Illinois Department for participation in job search, training
 9    or work programs established under Section  9-6  and  Article
10    IXA of this Code.
11        Whenever  it  is  determined  that a person owes past-due
12    support for a child receiving assistance under this Code, the
13    court shall order at the request of the Illinois Department:
14             (1)  that the person pay  the  past-due  support  in
15        accordance with a plan approved by the court; or
16             (2)  if   the   person  owing  past-due  support  is
17        unemployed, is  subject  to  such  a  plan,  and  is  not
18        incapacitated,  that  the  person participate in such job
19        search, training,  or  work  programs  established  under
20        Section  9-6  and  Article  IXA of this Code as the court
21        deems appropriate.
22        A  determination  under  this  Section   shall   not   be
23    administratively  reviewable  by  the procedures specified in
24    Sections 10-12, and 10-13  to  10-13.10.   Any  determination
25    under these Sections, if made the basis of court action under
26    this   Section,   shall  not  affect  the  de  novo  judicial
27    determination required under this Section.
28        A one-time charge of 20% is imposable upon the amount  of
29    past-due child support owed on July 1, 1988 which has accrued
30    under a support order entered by the court.  The charge shall
31    be imposed in accordance with the provisions of Section 10-21
32    of  this  Code  and  shall  be  enforced  by  the  court upon
33    petition.
34        All orders for support, when entered or  modified,  shall
 
                            -7-                LRB9104123DJcd
 1    include  a  provision  requiring  the non-custodial parent to
 2    notify the court and, in cases in which a party is  receiving
 3    child  and  spouse support services under this Article X, the
 4    Illinois Department, within 7 days, (i) of the name, address,
 5    and telephone number of any new employer of the non-custodial
 6    parent, (ii) whether the non-custodial parent has  access  to
 7    health insurance coverage through the employer or other group
 8    coverage and, if so, the policy name and number and the names
 9    of  persons  covered  under  the policy, and (iii) of any new
10    residential or mailing address or  telephone  number  of  the
11    non-custodial  parent.  In any subsequent action to enforce a
12    support order, upon a  sufficient  showing  that  a  diligent
13    effort  has  been  made  to  ascertain  the  location  of the
14    non-custodial parent, service  of  process  or  provision  of
15    notice  necessary  in  the case may be made at the last known
16    address of the non-custodial parent in any  manner  expressly
17    provided  by  the Code of Civil Procedure or this Code, which
18    service shall be sufficient for purposes of due process.
19    in accordance with the Income Withholding for Support Act
20        An order for support shall include a date  on  which  the
21    current  support obligation terminates.  The termination date
22    shall be no earlier than the date on which the child  covered
23    by  the order will attain the age of majority or is otherwise
24    emancipated.  The order for  support  shall  state  that  the
25    termination  date  does  not  apply to any arrearage that may
26    remain unpaid on that date.  Nothing in this paragraph  shall
27    be construed to prevent the court from modifying the order.
28        Upon   notification   in   writing   or   by   electronic
29    transmission from the Illinois Department to the clerk of the
30    court  that  a person who is receiving support payments under
31    this Section is receiving services under  the  Child  Support
32    Enforcement  Program  established by Title IV-D of the Social
33    Security Act, any support payments subsequently  received  by
34    the  clerk  of  the  court shall be transmitted in accordance
 
                            -8-                LRB9104123DJcd
 1    with the instructions of the Illinois  Department  until  the
 2    Illinois Department gives notice to the clerk of the court to
 3    cease  the  transmittal.  After  providing  the  notification
 4    authorized  under  this  paragraph,  the  Illinois Department
 5    shall be entitled  as  a  party  to  notice  of  any  further
 6    proceedings in the case.  The clerk of the court shall file a
 7    copy  of  the Illinois Department's notification in the court
 8    file.    The  clerk's  failure  to  file  a   copy   of   the
 9    notification in the court file shall not, however, affect the
10    Illinois  Department's  right  to  receive  notice of further
11    proceedings.
12        Payments under this Section to  the  Illinois  Department
13    pursuant to the Child Support Enforcement Program established
14    by  Title  IV-D of the Social Security Act shall be paid into
15    the Child Support Enforcement Trust Fund. All other  payments
16    under  this  Section  to  the  Illinois  Department  shall be
17    deposited in the Public  Assistance  Recoveries  Trust  Fund.
18    Disbursements  from  these  funds  shall  be  as  provided in
19    Sections 12-9 and 12-10.2 of this Code. Payments received  by
20    a  local  governmental unit shall be deposited in that unit's
21    General Assistance Fund.
22    (Source:  P.A.  90-18,  eff.  7-1-97;  90-539,  eff.  6-1-98;
23    90-655, eff.  7-30-98;  90-673,  eff.  1-1-99;  90-790,  eff.
24    8-14-98; revised 9-14-98.)

25        Section  10.  The  Illinois  Marriage  and Dissolution of
26    Marriage Act is amended by changing Section 505 as follows:

27        (750 ILCS 5/505) (from Ch. 40, par. 505)
28        Sec. 505.  Child support; contempt; penalties.
29        (a)  In a proceeding for dissolution of  marriage,  legal
30    separation,   declaration   of   invalidity  of  marriage,  a
31    proceeding for child support  following  dissolution  of  the
32    marriage  by  a court which lacked personal jurisdiction over
 
                            -9-                LRB9104123DJcd
 1    the  absent  spouse,  a  proceeding  for  modification  of  a
 2    previous order for child support under Section  510  of  this
 3    Act, or any proceeding authorized under Section 501 or 601 of
 4    this  Act, the court may order either or both parents owing a
 5    duty of support to a child of the marriage to pay  an  amount
 6    reasonable  and  necessary for his support, without regard to
 7    marital misconduct. The duty of  support   owed  to  a  minor
 8    child  includes  the obligation to provide for the reasonable
 9    and necessary physical, mental and emotional health needs  of
10    the child.
11             (1)  The Court shall determine the minimum amount of
12        support by using the following guidelines:
13          Number of Children       Percent of Supporting Party's
14                                             Net Income
15                  1                             20%
16                  2                             25%
17                  3                             32%
18                  4                             40%
19                  5                             45%
20              6 or more                         50%
21             (2)  The  above  guidelines shall be applied in each
22        case unless the court makes a finding that application of
23        the guidelines would be inappropriate, after  considering
24        the  best  interests  of  the  child in light of evidence
25        including but not limited to one or more of the following
26        relevant factors:
27                  (a)  the financial resources and needs  of  the
28             child;
29                  (b)  the  financial  resources and needs of the
30             custodial parent;
31                  (c)  the standard of  living  the  child  would
32             have enjoyed had the marriage not been dissolved;
33                  (d)  the  physical  and  emotional condition of
34             the child, and his educational needs; and
 
                            -10-               LRB9104123DJcd
 1                  (e)  the financial resources and needs  of  the
 2             non-custodial parent.
 3             If  the  court  deviates  from  the  guidelines, the
 4        court's finding shall state the amount  of  support  that
 5        would   have  been  required  under  the  guidelines,  if
 6        determinable.  The court  shall  include  the  reason  or
 7        reasons for the variance from the guidelines.
 8             (3)  "Net  income"  is  defined  as the total of all
 9        income from all sources, minus the following deductions:
10                  (a)  Federal income  tax  (properly  calculated
11             withholding or estimated payments);
12                  (b)  State   income  tax  (properly  calculated
13             withholding or estimated payments);
14                  (c)  Social Security (FICA payments);
15                  (d)  Mandatory     retirement     contributions
16             required by law or as a condition of employment;
17                  (e)  Union dues;
18                  (f)  Dependent          and          individual
19             health/hospitalization insurance premiums;
20                  (g)  Prior   obligations    of    support    or
21             maintenance actually paid pursuant to a court order;
22                  (h)  Expenditures  for  repayment of debts that
23             represent reasonable and necessary expenses for  the
24             production of income, medical expenditures necessary
25             to  preserve life or health, reasonable expenditures
26             for the benefit of the child and the  other  parent,
27             exclusive  of  gifts.   The  court  shall reduce net
28             income in determining the minimum amount of  support
29             to be ordered only for the period that such payments
30             are   due   and  shall  enter  an  order  containing
31             provisions for its self-executing modification  upon
32             termination of such payment period.
33             (4)  In  cases  where  the  court order provides for
34        health/hospitalization  insurance  coverage  pursuant  to
 
                            -11-               LRB9104123DJcd
 1        Section  505.2  of  this  Act,  the  premiums  for   that
 2        insurance,  or that portion of the premiums for which the
 3        supporting party is responsible in the case of  insurance
 4        provided  through  an  employer's  health  insurance plan
 5        where the employer pays a portion of the premiums,  shall
 6        be  subtracted from net income in determining the minimum
 7        amount of support to be ordered.
 8             (4.5)  In a proceeding for child  support  following
 9        dissolution  of  the  marriage  by  a  court  that lacked
10        personal jurisdiction over  the  absent  spouse,  and  in
11        which  the  court is requiring payment of support for the
12        period before the date an order for  current  support  is
13        entered,  there  is  a  rebuttable  presumption  that the
14        supporting party's net income for the  prior  period  was
15        the  same  as his or her net income at the time the order
16        for current support is entered.
17             (5)  If the net income cannot be determined  because
18        of  default  or  any  other reason, the court shall order
19        support  in  an  amount  considered  reasonable  in   the
20        particular  case.   The  final  order  in all cases shall
21        state the support level in dollar amounts.
22             (6) If (i) the  non-custodial  parent  was  properly
23        served   with   a  request  for  discovery  of  financial
24        information  relating  to  the   non-custodial   parent's
25        ability  to provide child support, (ii) the non-custodial
26        parent failed to comply with the request, despite  having
27        been  ordered  to  do  so  by  the  court,  and (iii) the
28        non-custodial parent is not present  at  the  hearing  to
29        determine  support despite having received proper notice,
30        then any relevant financial  information  concerning  the
31        non-custodial  parent's  ability to provide child support
32        that was obtained pursuant to subpoena and proper  notice
33        shall  be  admitted  into  evidence  without  the need to
34        establish any further foundation for its admission.
 
                            -12-               LRB9104123DJcd
 1        (b)  Failure of either parent to comply with an order  to
 2    pay  support  shall  be  punishable  as  in  other  cases  of
 3    contempt.  In addition to other penalties provided by law the
 4    Court may, after finding the parent guilty of contempt, order
 5    that the parent be:
 6             (1)  placed  on  probation  with  such conditions of
 7        probation as the Court deems advisable;
 8             (2)  sentenced to periodic imprisonment for a period
 9        not to exceed 6 months; provided, however, that the Court
10        may permit the parent to be released for periods of  time
11        during the day or night to:
12                  (A)  work; or
13                  (B)  conduct  a business or other self-employed
14             occupation.
15        The Court may further  order  any  part  or  all  of  the
16    earnings   of   a   parent  during  a  sentence  of  periodic
17    imprisonment paid to the Clerk of the Circuit Court or to the
18    parent having custody or to the guardian  having  custody  of
19    the minor children of the sentenced parent for the support of
20    said minor children until further order of the Court.
21        If  there is a unity of interest and ownership sufficient
22    to render no financial  separation  between  a  non-custodial
23    parent  and another person or persons or business entity, the
24    court may pierce the ownership veil of the  person,  persons,
25    or  business  entity  to discover assets of the non-custodial
26    parent held in the name of that  person,  those  persons,  or
27    that  business  entity.    The  following  circumstances  are
28    sufficient  to  authorize  a  court to order discovery of the
29    assets of a person, persons, or business entity and to compel
30    the application of any discovered assets  toward  payment  on
31    the judgment for support:
32             (1)  the   non-custodial   parent  and  the  person,
33        persons, or business entity maintain records together.
34             (2)  the  non-custodial  parent  and   the   person,
 
                            -13-               LRB9104123DJcd
 1        persons,  or  business  entity  fail  to maintain an arms
 2        length relationship between themselves with regard to any
 3        assets.
 4             (3)  the non-custodial parent  transfers  assets  to
 5        the  person,  persons, or business entity with the intent
 6        to perpetrate a fraud on the custodial parent.
 7        With respect to assets which are real property, no  order
 8    entered  under this paragraph shall affect the rights of bona
 9    fide purchasers, mortgagees,  judgment  creditors,  or  other
10    lien  holders  who   acquire  their interests in the property
11    prior to the time a notice of lis  pendens  pursuant  to  the
12    Code  of  Civil Procedure or a copy of the order is placed of
13    record in the office of the recorder of deeds for the  county
14    in which the real property is located.
15        The  court may also order in cases where the parent is 90
16    days or more delinquent in payment of  support  or  has  been
17    adjudicated  in  arrears  in  an  amount  equal  to  90  days
18    obligation  or  more,  that  the  parent's  Illinois  driving
19    privileges  be  suspended until the court determines that the
20    parent is in compliance with the order of support. The  court
21    may  also  order that the parent be issued a family financial
22    responsibility  driving  permit  that  would  allow   limited
23    driving  privileges  for  employment  and medical purposes in
24    accordance with Section 7-702.1 of the Illinois Vehicle Code.
25    The clerk of  the  circuit  court  shall  certify  the  order
26    suspending  the  driving privileges of the parent or granting
27    the issuance of a  family  financial  responsibility  driving
28    permit  to  the Secretary of State on forms prescribed by the
29    Secretary. Upon receipt of the authenticated  documents,  the
30    Secretary   of  State  shall  suspend  the  parent's  driving
31    privileges until further order of the  court  and  shall,  if
32    ordered  by  the  court, subject to the provisions of Section
33    7-702.1  of  the  Illinois  Vehicle  Code,  issue  a   family
34    financial responsibility driving permit to the parent.
 
                            -14-               LRB9104123DJcd
 1        In  addition  to  the penalties or punishment that may be
 2    imposed  under  this  Section,  any  person   whose   conduct
 3    constitutes  a  violation  of Section 1 of the Non-Support of
 4    Spouse and Children Act may be prosecuted under that Section,
 5    and a person convicted under that Section may be sentenced in
 6    accordance with that Section.  The sentence may  include  but
 7    need  not be limited to a requirement that the person perform
 8    community service under subsection (b)  of  that  Section  or
 9    participate  in  a  work alternative program under subsection
10    (c) of that Section.    A  person  may  not  be  required  to
11    participate  in  a  work alternative program under subsection
12    (c) of that Section if the person is currently  participating
13    in a work program pursuant to Section 505.1 of this Act.
14        (c)  A  one-time  charge  of  20%  is  imposable upon the
15    amount of past-due child support owed on July 1,  1988  which
16    has  accrued under a support order entered by the court.  The
17    charge shall be imposed in accordance with the provisions  of
18    Section  10-21  of  the Illinois Public Aid Code and shall be
19    enforced by the court upon petition.
20        (d)  Any new or existing support  order  entered  by  the
21    court  under  this  Section shall be deemed to be a series of
22    judgments  against  the  person  obligated  to  pay   support
23    thereunder,  each  such  judgment to be in the amount of each
24    payment or installment of support and each such  judgment  to
25    be deemed entered as of the date the corresponding payment or
26    installment becomes due under the terms of the support order.
27    Each  such  judgment  shall  have  the full force, effect and
28    attributes of any other judgment of this State, including the
29    ability to be enforced. A lien arises  by  operation  of  law
30    against  the  real  and personal property of the noncustodial
31    parent for each installment of overdue support  owed  by  the
32    noncustodial parent.
33        (e)  When  child  support is to be paid through the clerk
34    of the court in a county of 1,000,000  inhabitants  or  less,
 
                            -15-               LRB9104123DJcd
 1    the  order  shall  direct the obligor to pay to the clerk, in
 2    addition to the child support payments, all fees  imposed  by
 3    the  county  board  under  paragraph (3) of subsection (u) of
 4    Section 27.1 of the Clerks of Courts  Act.   Unless  paid  in
 5    cash  or pursuant to an order for withholding, the payment of
 6    the fee shall be by a separate instrument  from  the  support
 7    payment and shall be made to the order of the Clerk.
 8        (f)  All  orders  for  support, when entered or modified,
 9    shall include a provision requiring the obligor to notify the
10    court and, in cases in which a party is receiving  child  and
11    spouse  services  under  Article X of the Illinois Public Aid
12    Code, the Illinois Department of Public Aid, within  7  days,
13    (i)  of  the  name  and  address  of  any new employer of the
14    obligor, (ii)  whether  the  obligor  has  access  to  health
15    insurance  coverage  through  the  employer  or  other  group
16    coverage and, if so, the policy name and number and the names
17    of  persons  covered  under  the policy, and (iii) of any new
18    residential or mailing address or  telephone  number  of  the
19    non-custodial  parent.  In any subsequent action to enforce a
20    support order, upon a  sufficient  showing  that  a  diligent
21    effort  has  been  made  to  ascertain  the  location  of the
22    non-custodial parent, service  of  process  or  provision  of
23    notice  necessary  in  the case may be made at the last known
24    address of the non-custodial parent in any  manner  expressly
25    provided  by  the  Code of Civil Procedure or this Act, which
26    service shall be sufficient for purposes of due process.
27        (g)  An order for support shall include a date  on  which
28    the  current  support obligation terminates.  The termination
29    date shall be no earlier than the date  on  which  the  child
30    covered  by  the  order will attain the age of majority or is
31    otherwise emancipated. The order for support shall state that
32    the termination date does not apply to any arrearage that may
33    remain unpaid on that date.  Nothing in this subsection shall
34    be construed to prevent the court from modifying the order.
 
                            -16-               LRB9104123DJcd
 1        (h)  An order entered under this Section shall include  a
 2    provision  requiring the obligor to report to the obligee and
 3    to the clerk of court within 10 days each  time  the  obligor
 4    obtains   new   employment,   and  each  time  the  obligor's
 5    employment is terminated for any reason.  The report shall be
 6    in writing and shall, in the case of new employment,  include
 7    the  name and address of the new employer.  Failure to report
 8    new employment or the termination of current  employment,  if
 9    coupled  with nonpayment of support for a period in excess of
10    60 days, is indirect  criminal  contempt.   For  any  obligor
11    arrested  for  failure to report new employment bond shall be
12    set in the amount of the child support that should have  been
13    paid  during  the  period of unreported employment.  An order
14    entered under this Section shall  also  include  a  provision
15    requiring  the  obligor  and  obligee  parents to advise each
16    other of a change in residence within 5 days  of  the  change
17    except  when  the  court  finds that the physical, mental, or
18    emotional health of a party or that  of  a  minor  child,  or
19    both,  would  be  seriously  endangered  by disclosure of the
20    party's address.
21    (Source:  P.A.  89-88,  eff.  6-30-95;  89-92,  eff.  7-1-96;
22    89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
23    90-539, eff.  6-1-98;  90-655,  eff.  7-30-98;  90-733,  eff.
24    8-11-98.)

25        Section  15.   The Non-Support of Spouse and Children Act
26    is amended by changing Section 3 as follows:

27        (750 ILCS 15/3) (from Ch. 40, par. 1106)
28        Sec. 3.  At any time before the trial, upon motion of the
29    State's Attorney, or of the Attorney General  if  the  action
30    has  been  instituted  by  his office, and upon notice to the
31    defendant, or at the time of arraignment or as a condition of
32    the postponement of arraignment, the court at  any  time  may
 
                            -17-               LRB9104123DJcd
 1    enter  such  temporary  order as may seem just, providing for
 2    the support or maintenance of the spouse or child or children
 3    of the defendant, or both, pendente lite.
 4        The Court shall determine the amount of child support  by
 5    using  the  guidelines  and standards set forth in subsection
 6    (a) of Section 505 and  in  Section  505.2  of  the  Illinois
 7    Marriage and Dissolution of Marriage Act.
 8        If  (i) the non-custodial parent was properly served with
 9    a request for discovery of financial information relating  to
10    the  non-custodial parent's ability to provide child support,
11    (ii) the non-custodial  parent  failed  to  comply  with  the
12    request,  despite  having been ordered to do so by the court,
13    and (iii) the non-custodial parent  is  not  present  at  the
14    hearing  to  determine support despite having received proper
15    notice, then any relevant  financial  information  concerning
16    the  non-custodial  parent's  ability to provide support that
17    was obtained pursuant to subpoena and proper notice shall  be
18    admitted  into  evidence  without  the  need to establish any
19    further foundation for its admission.
20        An order entered  under  this  Section  shall  include  a
21    provision  requiring the obligor to report to the obligee and
22    to the clerk of court within 10 days each  time  the  obligor
23    obtains   new   employment,   and  each  time  the  obligor's
24    employment is terminated for any reason.  The report shall be
25    in writing and shall, in the case of new employment,  include
26    the  name and address of the new employer.  Failure to report
27    new employment or the termination of current  employment,  if
28    coupled  with nonpayment of support for a period in excess of
29    60 days, is indirect  criminal  contempt.   For  any  obligor
30    arrested  for  failure to report new employment bond shall be
31    set in the amount of the child support that should have  been
32    paid  during  the  period of unreported employment.  An order
33    entered under this Section shall  also  include  a  provision
34    requiring  the  obligor  and  obligee  parents to advise each
 
                            -18-               LRB9104123DJcd
 1    other of a change in residence within 5 days  of  the  change
 2    except  when  the  court  finds that the physical, mental, or
 3    emotional health of a party or that  of  a  minor  child,  or
 4    both,  would  be  seriously  endangered  by disclosure of the
 5    party's address.
 6        The Court shall determine the amount of maintenance using
 7    the standards set  forth  in  Section  504  of  the  Illinois
 8    Marriage and Dissolution of Marriage Act.
 9        The  court  may  for  violation  of  any order under this
10    Section punish the offender as for a contempt of  court,  but
11    no  pendente  lite  order  shall remain in force for a longer
12    term than 4 months, or after the discharge of  any  panel  of
13    jurors   summoned  for  service  thereafter  in  such  court,
14    whichever is the sooner.
15        Any new or existing support order entered  by  the  court
16    under  this  Section  shall  be  deemed  to  be  a  series of
17    judgments  against  the  person  obligated  to  pay   support
18    thereunder,  each  such  judgment to be in the amount of each
19    payment or installment of support and each such  judgment  to
20    be deemed entered as of the date the corresponding payment or
21    installment becomes due under the terms of the support order.
22    Each  such  judgment  shall  have  the full force, effect and
23    attributes of any other judgment of this State, including the
24    ability to be enforced.  Any  such  judgment  is  subject  to
25    modification  or  termination only in accordance with Section
26    510 of the Illinois Marriage and Dissolution of Marriage Act.
27    A lien arises by  operation  of  law  against  the  real  and
28    personal   property  of  the  noncustodial  parent  for  each
29    installment of  overdue  support  owed  by  the  noncustodial
30    parent.
31        A  one-time  interest charge of 20% is imposable upon the
32    amount of past-due child support owed on July 1,  1988  which
33    has  accrued under a support order entered by the court.  The
34    charge shall be imposed in accordance with the provisions  of
 
                            -19-               LRB9104123DJcd
 1    Section  10-21  of  the Illinois Public Aid Code and shall be
 2    enforced by the court upon petition.
 3        All orders for support, when entered or  modified,  shall
 4    include  a  provision  requiring  the non-custodial parent to
 5    notify the court and, in cases in which a party is  receiving
 6    child  and  spouse  support  services  under Article X of the
 7    Illinois Public Aid Code, the Illinois Department  of  Public
 8    Aid,  within  7  days, (i) of the name and address of any new
 9    employer  of  the  non-custodial  parent,  (ii)  whether  the
10    non-custodial parent has access to health insurance  coverage
11    through  the employer or other group coverage and, if so, the
12    policy name and number and the names of persons covered under
13    the policy, and (iii)  of  any  new  residential  or  mailing
14    address  or telephone number of the non-custodial parent.  In
15    any subsequent action to enforce  a  support  order,  upon  a
16    sufficient  showing  that  a diligent effort has been made to
17    ascertain the location of the non-custodial  parent,  service
18    of  process  or provision of notice necessary in the case may
19    be made at the last known address of the non-custodial parent
20    in any  manner  expressly  provided  by  the  Code  of  Civil
21    Procedure  or this Act, which service shall be sufficient for
22    purposes of due process.
23        An order for support shall include a date  on  which  the
24    current  support obligation terminates.  The termination date
25    shall be no earlier than the date on which the child  covered
26    by  the order will attain the age of majority or is otherwise
27    emancipated.  The order for  support  shall  state  that  the
28    termination  date  does  not  apply to any arrearage that may
29    remain unpaid on that date.  Nothing in this paragraph  shall
30    be construed to prevent the court from modifying the order.
31    (Source:  P.A.  90-18,  eff.  7-1-97;  90-539,  eff.  6-1-98;
32    90-655, eff. 7-30-98.)

33        Section  20.   The  Illinois  Parentage  Act  of  1984 is
 
                            -20-               LRB9104123DJcd
 1    amended by changing Section 14 as follows:

 2        (750 ILCS 45/14) (from Ch. 40, par. 2514)
 3        Sec. 14.  Judgment.
 4        (a) (1)  The judgment shall contain or explicitly reserve
 5    provisions concerning any duty and amount  of  child  support
 6    and   may  contain  provisions  concerning  the  custody  and
 7    guardianship of the child,  visitation  privileges  with  the
 8    child,  the  furnishing  of  bond  or  other security for the
 9    payment of the judgment, which the court shall  determine  in
10    accordance  with  the  relevant  factors  set  forth  in  the
11    Illinois  Marriage  and  Dissolution  of Marriage Act and any
12    other applicable law of Illinois, to guide  the  court  in  a
13    finding  in  the  best interests of the child. In determining
14    custody, joint custody, or visitation, the court shall  apply
15    the   relevant   standards   of  the  Illinois  Marriage  and
16    Dissolution of Marriage Act. Specifically, in determining the
17    amount of any child support award, the court  shall  use  the
18    guidelines  and  standards  set  forth  in  subsection (a) of
19    Section 505 and in Section 505.2 of the Illinois Marriage and
20    Dissolution of Marriage Act.  For purposes of Section 505  of
21    the  Illinois  Marriage and Dissolution of Marriage Act, "net
22    income"  of  the  non-custodial  parent  shall  include   any
23    benefits  available  to that person under the Illinois Public
24    Aid  Code   or   from   other   federal,   State   or   local
25    government-funded  programs.   The  court shall, in any event
26    and regardless of the amount of  the  non-custodial  parent's
27    net income, in its judgment order the non-custodial parent to
28    pay child support to the custodial parent in a minimum amount
29    of not less than $10 per month. In an action brought within 2
30    years after a child's birth, the judgment or order may direct
31    either  parent  to  pay  the  reasonable expenses incurred by
32    either parent related  to  the  mother's  pregnancy  and  the
33    delivery  of  the  child. The judgment or order shall contain
 
                            -21-               LRB9104123DJcd
 1    the father's social security number, which the  father  shall
 2    disclose  to  the  court;  however,  failure  to  include the
 3    father's social security number on the judgment or order does
 4    not invalidate the judgment or order.
 5        (2)  If a judgment  of  parentage  contains  no  explicit
 6    award  of  custody, the establishment of a support obligation
 7    or of visitation rights in one parent shall be  considered  a
 8    judgment  granting  custody  to  the  other  parent.   If the
 9    parentage judgment contains no such provisions, custody shall
10    be presumed to be with the mother; however,  the  presumption
11    shall not apply if the father has had physical custody for at
12    least  6  months  prior  to the date that the mother seeks to
13    enforce custodial rights.
14        (b)  The court shall order all  child  support  payments,
15    determined  in  accordance  with such guidelines, to commence
16    with the date  summons  is  served.   The  level  of  current
17    periodic  support  payments  shall  not be reduced because of
18    payments set for the period prior to the date of entry of the
19    support  order.   The  Court  may  order  any  child  support
20    payments to be made for a period prior to the commencement of
21    the action. In determining whether and the  extent  to  which
22    the  payments  shall  be made for any prior period, the court
23    shall consider all relevant facts, including the factors  for
24    determining  the  amount of support specified in the Illinois
25    Marriage and Dissolution of Marriage Act and other  equitable
26    factors including but not limited to:
27             (1)  The  father's  prior  knowledge of the fact and
28        circumstances of the child's birth.
29             (2)  The father's prior willingness  or  refusal  to
30        help raise or support the child.
31             (3)  The  extent  to  which the mother or the public
32        agency bringing the action previously informed the father
33        of the child's needs or attempted to seek or require  his
34        help in raising or supporting the child.
 
                            -22-               LRB9104123DJcd
 1             (4)  The reasons the mother or the public agency did
 2        not file the action earlier.
 3             (5)  The   extent  to  which  the  father  would  be
 4        prejudiced by the delay in bringing the action.
 5        For purposes of determining the amount of  child  support
 6    to  be  paid  for  any  period  before the date the order for
 7    current child support  is  entered,  there  is  a  rebuttable
 8    presumption that the father's net income for the prior period
 9    was  the  same  as  his  net income at the time the order for
10    current child support is entered.
11        If (i) the non-custodial parent was properly served  with
12    a  request for discovery of financial information relating to
13    the non-custodial parent's ability to provide child  support,
14    (ii)  the  non-custodial  parent  failed  to  comply with the
15    request, despite having been ordered to do so by  the  court,
16    and  (iii)  the  non-custodial  parent  is not present at the
17    hearing to determine support despite having  received  proper
18    notice,  then  any  relevant financial information concerning
19    the non-custodial parent's ability to provide  child  support
20    that  was  obtained  pursuant  to  subpoena and proper notice
21    shall be admitted into evidence without the need to establish
22    any further foundation for its admission.
23        (c)  Any new or existing support  order  entered  by  the
24    court  under  this  Section shall be deemed to be a series of
25    judgments  against  the  person  obligated  to  pay   support
26    thereunder, each judgment to be in the amount of each payment
27    or installment of support and each such judgment to be deemed
28    entered   as   of  the  date  the  corresponding  payment  or
29    installment becomes due under the terms of the support order.
30    Each  judgment  shall  have  the  full  force,   effect   and
31    attributes of any other judgment of this State, including the
32    ability  to  be  enforced.  A lien arises by operation of law
33    against the real and personal property  of  the  noncustodial
34    parent  for  each  installment of overdue support owed by the
 
                            -23-               LRB9104123DJcd
 1    noncustodial parent.
 2        (d)  If the judgment or order of the court is at variance
 3    with the child's birth certificate,  the  court  shall  order
 4    that  a  new  birth  certificate  be  issued  under the Vital
 5    Records Act.
 6        (e)  On request of the mother and the father,  the  court
 7    shall  order  a  change  in  the  child's name. After hearing
 8    evidence the court may stay payment  of  support  during  the
 9    period of the father's minority or period of disability.
10        (f)  If,  upon  a  showing  of proper service, the father
11    fails to appear in court, or otherwise appear as provided  by
12    law,  the  court may proceed to hear the cause upon testimony
13    of the mother or other parties taken in open court and  shall
14    enter a judgment by default.  The court may reserve any order
15    as  to  the  amount  of  child  support  until the father has
16    received notice, by regular mail, of a hearing on the matter.
17        (g)  A one-time charge  of  20%  is  imposable  upon  the
18    amount  of  past-due child support owed on July 1, 1988 which
19    has accrued under a support order entered by the court.   The
20    charge  shall be imposed in accordance with the provisions of
21    Section 10-21 of the Illinois Public Aid Code  and  shall  be
22    enforced by the court upon petition.
23        (h)  All  orders  for  support, when entered or modified,
24    shall include a provision requiring the non-custodial  parent
25    to notify the court and, in cases in which party is receiving
26    child  and  spouse  support  services  under Article X of the
27    Illinois Public Aid Code, the Illinois Department  of  Public
28    Aid,  within  7  days, (i) of the name and address of any new
29    employer  of  the  non-custodial  parent,  (ii)  whether  the
30    non-custodial parent has access to health insurance  coverage
31    through  the employer or other group coverage and, if so, the
32    policy name and number and the names of persons covered under
33    the policy, and (iii)  of  any  new  residential  or  mailing
34    address  or telephone number of the non-custodial parent.  In
 
                            -24-               LRB9104123DJcd
 1    any subsequent action to enforce  a  support  order,  upon  a
 2    sufficient  showing  that  a diligent effort has been made to
 3    ascertain the location of the non-custodial  parent,  service
 4    of  process  or provision of notice necessary in the case may
 5    be made at the last known address of the non-custodial parent
 6    in any  manner  expressly  provided  by  the  Code  of  Civil
 7    Procedure  or this Act, which service shall be sufficient for
 8    purposes of due process.
 9        (i)  An order for support shall include a date  on  which
10    the  current  support obligation terminates.  The termination
11    date shall be no earlier than the date  on  which  the  child
12    covered  by  the  order will attain the age of majority or is
13    otherwise emancipated.  The order  for  support  shall  state
14    that  the  termination  date  does not apply to any arrearage
15    that may  remain  unpaid  on  that  date.   Nothing  in  this
16    subsection  shall  be  construed  to  prevent  the court from
17    modifying the order.
18        (j)  An order entered under this Section shall include  a
19    provision  requiring the obligor to report to the obligee and
20    to the clerk of court within 10 days each  time  the  obligor
21    obtains   new   employment,   and  each  time  the  obligor's
22    employment is terminated for any reason.  The report shall be
23    in writing and shall, in the case of new employment,  include
24    the  name and address of the new employer.  Failure to report
25    new employment or the termination of current  employment,  if
26    coupled  with nonpayment of support for a period in excess of
27    60 days, is indirect  criminal  contempt.   For  any  obligor
28    arrested  for  failure to report new employment bond shall be
29    set in the amount of the child support that should have  been
30    paid  during  the  period of unreported employment.  An order
31    entered under this Section shall  also  include  a  provision
32    requiring  the  obligor  and  obligee  parents to advise each
33    other of a change in residence within 5 days  of  the  change
34    except  when  the  court  finds that the physical, mental, or
 
                            -25-               LRB9104123DJcd
 1    emotional health of a party or that  of  a  minor  child,  or
 2    both,  would  be  seriously  endangered  by disclosure of the
 3    party's address.
 4    (Source:  P.A.  90-18,  eff.  7-1-97;  90-539,  eff.  6-1-98;
 5    90-655, eff. 7-30-98.)

 6        Section 99.  Effective date.  This Act takes effect  upon
 7    becoming law.

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