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91_HB1414eng HB1414 Engrossed 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 HB1414 Engrossed -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 HB1414 Engrossed -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 HB1414 Engrossed -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 HB1414 Engrossed -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, HB1414 Engrossed -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 HB1414 Engrossed -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. 19in accordance with the Income Withholding for Support Act20 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 HB1414 Engrossed -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 HB1414 Engrossed -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 HB1414 Engrossed -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 HB1414 Engrossed -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. HB1414 Engrossed -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, HB1414 Engrossed -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. HB1414 Engrossed -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, HB1414 Engrossed -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. HB1414 Engrossed -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 HB1414 Engrossed -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 HB1414 Engrossed -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 HB1414 Engrossed -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 HB1414 Engrossed -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 HB1414 Engrossed -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. HB1414 Engrossed -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 HB1414 Engrossed -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 HB1414 Engrossed -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 HB1414 Engrossed -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.