State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]

91_HB1774enr

 
HB1774 Enrolled                                LRB9104124DJcd

 1        AN  ACT to amend the Illinois Marriage and Dissolution of
 2    Marriage Act by changing Sections 505 and 713.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section   5.   The  Illinois  Marriage and Dissolution of
 6    Marriage Act is amended by changing Sections 505 and  713  as
 7    follows:

 8        (750 ILCS 5/505) (from Ch. 40, par. 505)
 9        Sec. 505.  Child support; contempt; penalties.
10        (a)  In  a  proceeding for dissolution of marriage, legal
11    separation,  declaration  of  invalidity   of   marriage,   a
12    proceeding  for  child  support  following dissolution of the
13    marriage by a court which lacked personal  jurisdiction  over
14    the  absent  spouse,  a  proceeding  for  modification  of  a
15    previous  order  for  child support under Section 510 of this
16    Act, or any proceeding authorized under Section 501 or 601 of
17    this Act, the court may order either or both parents owing  a
18    duty  of  support to a child of the marriage to pay an amount
19    reasonable and necessary for his support, without  regard  to
20    marital  misconduct.  The  duty  of  support  owed to a minor
21    child includes the obligation to provide for  the  reasonable
22    and  necessary physical, mental and emotional health needs of
23    the child.
24             (1)  The Court shall determine the minimum amount of
25        support by using the following guidelines:
26          Number of Children       Percent of Supporting Party's
27                                             Net Income
28                  1                             20%
29                  2                             25%
30                  3                             32%
31                  4                             40%
 
HB1774 Enrolled             -2-                LRB9104124DJcd
 1                  5                             45%
 2              6 or more                         50%
 3             (2)  The above guidelines shall be applied  in  each
 4        case unless the court makes a finding that application of
 5        the  guidelines would be inappropriate, after considering
 6        the best interests of the  child  in  light  of  evidence
 7        including but not limited to one or more of the following
 8        relevant factors:
 9                  (a)  the  financial  resources and needs of the
10             child;
11                  (b)  the financial resources and needs  of  the
12             custodial parent;
13                  (c)  the  standard  of  living  the child would
14             have enjoyed had the marriage not been dissolved;
15                  (d)  the physical and  emotional  condition  of
16             the child, and his educational needs; and
17                  (e)  the  financial  resources and needs of the
18             non-custodial parent.
19             If the  court  deviates  from  the  guidelines,  the
20        court's  finding  shall  state the amount of support that
21        would  have  been  required  under  the  guidelines,   if
22        determinable.   The  court  shall  include  the reason or
23        reasons for the variance from the guidelines.
24             (3)  "Net income" is defined as  the  total  of  all
25        income from all sources, minus the following deductions:
26                  (a)  Federal  income  tax  (properly calculated
27             withholding or estimated payments);
28                  (b)  State  income  tax  (properly   calculated
29             withholding or estimated payments);
30                  (c)  Social Security (FICA payments);
31                  (d)  Mandatory     retirement     contributions
32             required by law or as a condition of employment;
33                  (e)  Union dues;
34                  (f)  Dependent          and          individual
 
HB1774 Enrolled             -3-                LRB9104124DJcd
 1             health/hospitalization insurance premiums;
 2                  (g)  Prior    obligations    of    support   or
 3             maintenance actually paid pursuant to a court order;
 4                  (h)  Expenditures for repayment of  debts  that
 5             represent  reasonable and necessary expenses for the
 6             production of income, medical expenditures necessary
 7             to preserve life or health, reasonable  expenditures
 8             for  the  benefit of the child and the other parent,
 9             exclusive of gifts.   The  court  shall  reduce  net
10             income  in determining the minimum amount of support
11             to be ordered only for the period that such payments
12             are  due  and  shall  enter  an   order   containing
13             provisions  for its self-executing modification upon
14             termination of such payment period.
15             (4)  In cases where the  court  order  provides  for
16        health/hospitalization  insurance  coverage  pursuant  to
17        Section   505.2  of  this  Act,  the  premiums  for  that
18        insurance, or that portion of the premiums for which  the
19        supporting  party is responsible in the case of insurance
20        provided through  an  employer's  health  insurance  plan
21        where  the employer pays a portion of the premiums, shall
22        be subtracted from net income in determining the  minimum
23        amount of support to be ordered.
24             (4.5)  In  a  proceeding for child support following
25        dissolution of  the  marriage  by  a  court  that  lacked
26        personal  jurisdiction  over  the  absent  spouse, and in
27        which the court is requiring payment of support  for  the
28        period  before  the  date an order for current support is
29        entered, there  is  a  rebuttable  presumption  that  the
30        supporting  party's  net  income for the prior period was
31        the same as his or her net income at the time  the  order
32        for current support is entered.
33             (5)  If  the net income cannot be determined because
34        of default or any other reason,  the  court  shall  order
 
HB1774 Enrolled             -4-                LRB9104124DJcd
 1        support   in  an  amount  considered  reasonable  in  the
 2        particular case.  The final  order  in  all  cases  shall
 3        state the support level in dollar amounts.
 4        (a-5)  In an action to enforce an order for support based
 5    on the respondent's  failure  to  make  support  payments  as
 6    required  by  the  order,  notice  of proceedings to hold the
 7    respondent in contempt for that failure may be served on  the
 8    respondent  by  personal service or by regular mail addressed
 9    to the respondent's last known  address.    The  respondent's
10    last  known  address  may  be  determined from records of the
11    clerk of the court, from the Federal Case Registry  of  Child
12    Support Orders, or by any other reasonable means.
13        (b)  Failure  of either parent to comply with an order to
14    pay  support  shall  be  punishable  as  in  other  cases  of
15    contempt.  In addition to other penalties provided by law the
16    Court may, after finding the parent guilty of contempt, order
17    that the parent be:
18             (1)  placed on probation  with  such  conditions  of
19        probation as the Court deems advisable;
20             (2)  sentenced to periodic imprisonment for a period
21        not to exceed 6 months; provided, however, that the Court
22        may  permit the parent to be released for periods of time
23        during the day or night to:
24                  (A)  work; or
25                  (B)  conduct a business or other  self-employed
26             occupation.
27        The  Court  may  further  order  any  part  or all of the
28    earnings  of  a  parent  during  a   sentence   of   periodic
29    imprisonment paid to the Clerk of the Circuit Court or to the
30    parent  having  custody  or to the guardian having custody of
31    the minor children of the sentenced parent for the support of
32    said minor children until further order of the Court.
33        If there is a unity of interest and ownership  sufficient
34    to  render  no  financial  separation between a non-custodial
 
HB1774 Enrolled             -5-                LRB9104124DJcd
 1    parent and another person or persons or business entity,  the
 2    court  may  pierce the ownership veil of the person, persons,
 3    or business entity to discover assets  of  the  non-custodial
 4    parent  held  in  the  name of that person, those persons, or
 5    that  business  entity.    The  following  circumstances  are
 6    sufficient to authorize a court to  order  discovery  of  the
 7    assets of a person, persons, or business entity and to compel
 8    the  application  of  any discovered assets toward payment on
 9    the judgment for support:
10             (1)  the  non-custodial  parent  and   the   person,
11        persons, or business entity maintain records together.
12             (2)  the   non-custodial   parent  and  the  person,
13        persons, or business entity  fail  to  maintain  an  arms
14        length relationship between themselves with regard to any
15        assets.
16             (3)  the  non-custodial  parent  transfers assets to
17        the person, persons, or business entity with  the  intent
18        to perpetrate a fraud on the custodial parent.
19        With  respect to assets which are real property, no order
20    entered under this paragraph shall affect the rights of  bona
21    fide  purchasers,  mortgagees,  judgment  creditors, or other
22    lien holders who  acquire their  interests  in  the  property
23    prior  to  the  time  a notice of lis pendens pursuant to the
24    Code of Civil Procedure or a copy of the order is  placed  of
25    record  in the office of the recorder of deeds for the county
26    in which the real property is located.
27        The court may also order in cases where the parent is  90
28    days  or  more  delinquent  in payment of support or has been
29    adjudicated  in  arrears  in  an  amount  equal  to  90  days
30    obligation  or  more,  that  the  parent's  Illinois  driving
31    privileges be suspended until the court determines  that  the
32    parent  is in compliance with the order of support. The court
33    may also order that the parent be issued a  family  financial
34    responsibility   driving  permit  that  would  allow  limited
 
HB1774 Enrolled             -6-                LRB9104124DJcd
 1    driving privileges for employment  and  medical  purposes  in
 2    accordance with Section 7-702.1 of the Illinois Vehicle Code.
 3    The  clerk  of  the  circuit  court  shall  certify the order
 4    suspending the driving privileges of the parent  or  granting
 5    the  issuance  of  a  family financial responsibility driving
 6    permit to the Secretary of State on forms prescribed  by  the
 7    Secretary.  Upon  receipt of the authenticated documents, the
 8    Secretary  of  State  shall  suspend  the  parent's   driving
 9    privileges  until  further  order  of the court and shall, if
10    ordered by the court, subject to the  provisions  of  Section
11    7-702.1   of  the  Illinois  Vehicle  Code,  issue  a  family
12    financial responsibility driving permit to the parent.
13        In addition to the penalties or punishment  that  may  be
14    imposed   under   this  Section,  any  person  whose  conduct
15    constitutes a violation of Section 1 of  the  Non-Support  of
16    Spouse and Children Act may be prosecuted under that Section,
17    and a person convicted under that Section may be sentenced in
18    accordance  with  that Section.  The sentence may include but
19    need not be limited to a requirement that the person  perform
20    community  service  under  subsection  (b) of that Section or
21    participate in a work alternative  program  under  subsection
22    (c)  of  that  Section.    A  person  may  not be required to
23    participate in a work alternative  program  under  subsection
24    (c)  of that Section if the person is currently participating
25    in a work program pursuant to Section 505.1 of this Act.
26        (c)  A one-time charge  of  20%  is  imposable  upon  the
27    amount  of  past-due child support owed on July 1, 1988 which
28    has accrued under a support order entered by the court.   The
29    charge  shall be imposed in accordance with the provisions of
30    Section 10-21 of the Illinois Public Aid Code  and  shall  be
31    enforced by the court upon petition.
32        (d)  Any  new  or  existing  support order entered by the
33    court under this Section shall be deemed to be  a  series  of
34    judgments   against  the  person  obligated  to  pay  support
 
HB1774 Enrolled             -7-                LRB9104124DJcd
 1    thereunder, each such judgment to be in the  amount  of  each
 2    payment  or  installment of support and each such judgment to
 3    be deemed entered as of the date the corresponding payment or
 4    installment becomes due under the terms of the support order.
 5    Each such judgment shall have  the  full  force,  effect  and
 6    attributes of any other judgment of this State, including the
 7    ability  to  be  enforced.  A lien arises by operation of law
 8    against the real and personal property  of  the  noncustodial
 9    parent  for  each  installment of overdue support owed by the
10    noncustodial parent.
11        (e)  When child support is to be paid through  the  clerk
12    of  the  court  in a county of 1,000,000 inhabitants or less,
13    the order shall direct the obligor to pay to  the  clerk,  in
14    addition  to  the child support payments, all fees imposed by
15    the county board under paragraph (3)  of  subsection  (u)  of
16    Section  27.1  of  the  Clerks of Courts Act.  Unless paid in
17    cash or pursuant to an order for withholding, the payment  of
18    the  fee  shall  be by a separate instrument from the support
19    payment and shall be made to the order of the Clerk.
20        (f)  All orders for support, when  entered  or  modified,
21    shall include a provision requiring the obligor to notify the
22    court  and,  in cases in which a party is receiving child and
23    spouse services under Article X of the  Illinois  Public  Aid
24    Code,  the  Illinois Department of Public Aid, within 7 days,
25    (i) of the name and  address  of  any  new  employer  of  the
26    obligor,  (ii)  whether  the  obligor  has  access  to health
27    insurance  coverage  through  the  employer  or  other  group
28    coverage and, if so, the policy name and number and the names
29    of persons covered under the policy, and  (iii)  of  any  new
30    residential  or  mailing  address  or telephone number of the
31    non-custodial parent.  In any subsequent action to enforce  a
32    support  order,  upon  a  sufficient  showing that a diligent
33    effort has  been  made  to  ascertain  the  location  of  the
34    non-custodial  parent,  service  of  process  or provision of
 
HB1774 Enrolled             -8-                LRB9104124DJcd
 1    notice necessary in the case may be made at  the  last  known
 2    address  of  the non-custodial parent in any manner expressly
 3    provided by the Code of Civil Procedure or  this  Act,  which
 4    service shall be sufficient for purposes of due process.
 5        (g)  An  order  for support shall include a date on which
 6    the current support obligation terminates.   The  termination
 7    date  shall  be  no  earlier than the date on which the child
 8    covered by the order will attain the age of  majority  or  is
 9    otherwise emancipated. The order for support shall state that
10    the termination date does not apply to any arrearage that may
11    remain unpaid on that date.  Nothing in this subsection shall
12    be construed to prevent the court from modifying the order.
13        (h)  An  order entered under this Section shall include a
14    provision requiring the obligor to report to the obligee  and
15    to  the  clerk  of court within 10 days each time the obligor
16    obtains  new  employment,  and  each   time   the   obligor's
17    employment is terminated for any reason.  The report shall be
18    in  writing and shall, in the case of new employment, include
19    the name and address of the new employer.  Failure to  report
20    new  employment  or the termination of current employment, if
21    coupled with nonpayment of support for a period in excess  of
22    60  days,  is  indirect  criminal  contempt.  For any obligor
23    arrested for failure to report new employment bond  shall  be
24    set  in the amount of the child support that should have been
25    paid during the period of unreported  employment.   An  order
26    entered  under  this  Section  shall also include a provision
27    requiring the obligor and  obligee  parents  to  advise  each
28    other  of  a  change in residence within 5 days of the change
29    except when the court finds that  the  physical,  mental,  or
30    emotional  health  of  a  party  or that of a minor child, or
31    both, would be seriously  endangered  by  disclosure  of  the
32    party's address.
33    (Source:  P.A.  89-88,  eff.  6-30-95;  89-92,  eff.  7-1-96;
34    89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
 
HB1774 Enrolled             -9-                LRB9104124DJcd
 1    90-539,  eff.  6-1-98;  90-655,  eff.  7-30-98;  90-733, eff.
 2    8-11-98.)

 3        (750 ILCS 5/713) (from Ch. 40, par. 713)
 4        Sec. 713.  Attachment of  the  Body.   As  used  in  this
 5    Section, "obligor" has the same meaning ascribed to such term
 6    in the Income Withholding for Support Act.
 7        (a)  In  any  proceeding to enforce an order for support,
 8    where the obligor has failed to appear in court  pursuant  to
 9    order  of  court  and after due notice thereof, the court may
10    enter an order for the attachment of the body of the obligor.
11    Notices under this Section shall be served upon  the  obligor
12    by any means authorized under subsection (a-5) of Section 505
13       either   (1)  by  prepaid  certified  mail  with  delivery
14    restricted to the obligor, or (2) by personal service on  the
15    obligor.   The attachment order shall fix an amount of escrow
16    which is equal to a minimum of 20% of the total child support
17    arrearage alleged by the obligee in sworn testimony to be due
18    and owing.  The attachment order shall direct the Sheriff  of
19    any  county  in Illinois to take the obligor into custody and
20    shall set the number of days following release  from  custody
21    for a hearing to be held at which the obligor must appear, if
22    he is released under subsection (c) of this Section.
23        (b)  If  the  obligor  is taken into custody, the Sheriff
24    shall take the obligor before the  court  which  entered  the
25    attachment  order.   However,  the  Sheriff  may  release the
26    person after he or she has deposited  the  amount  of  escrow
27    ordered  by  the  court  pursuant to local procedures for the
28    posting of bond.  The Sheriff shall advise the obligor of the
29    hearing date at which the obligor is required to appear.
30        (c)  Any escrow deposited pursuant to this Section  shall
31    be  transmitted  to  the  Clerk  of the Circuit Court for the
32    county in which the order for attachment of the body  of  the
33    obligor  was entered.  Any Clerk who receives money deposited
 
HB1774 Enrolled             -10-               LRB9104124DJcd
 1    into  escrow  pursuant  to  this  Section  shall  notify  the
 2    obligee, public office or legal counsel whose name appears on
 3    the attachment order of the court date at which  the  obligor
 4    is  required  to appear and the amount deposited into escrow.
 5    The Clerk shall disburse such money to the obligee only under
 6    an order from the court that  entered  the  attachment  order
 7    pursuant to this Section.
 8        (d)  Whenever an obligor is taken before the court by the
 9    Sheriff,  or appears in court after the court has ordered the
10    attachment of his body, the court shall:
11             (1)  hold a hearing on  the  complaint  or  petition
12        that  gave rise to the attachment order.  For purposes of
13        determining arrearages that are  due  and  owing  by  the
14        obligor,  the  court  shall  accept  the  previous  sworn
15        testimony  of  the  obligee as true and the appearance of
16        the obligee  shall  not  be  required.  The  court  shall
17        require  sworn  testimony of the obligor as to his or her
18        Social  Security   number,   income,   employment,   bank
19        accounts,  property  and any other assets.  If there is a
20        dispute as to the total amount of arrearages,  the  court
21        shall  proceed  as in any other case as to the undisputed
22        amounts; and
23             (2)  order  the  Clerk  of  the  Circuit  Court   to
24        disburse  to  the  obligee or public office money held in
25        escrow pursuant to this Section if the court  finds  that
26        the  amount  of  arrearages  exceeds  the  amount  of the
27        escrow.  Amounts received by the obligee or public office
28        shall be deducted from the amount of the arrearages.
29        (e)  If the obligor fails to appear in court after  being
30    notified  of  the court date by the Sheriff upon release from
31    custody, the court shall  order  any  monies  deposited  into
32    escrow  to  be  immediately released to the obligee or public
33    office and shall proceed under subsection (a) of this Section
34    by entering another order for the attachment of the  body  of
 
HB1774 Enrolled             -11-               LRB9104124DJcd
 1    the obligor.
 2        (f)  This  Section  shall  apply to any order for support
 3    issued  under  the  "Illinois  Marriage  and  Dissolution  of
 4    Marriage Act", approved September 22, 1977, as  amended;  the
 5    "Illinois  Parentage Act of 1984", effective July 1, 1985, as
 6    amended;  the  "Revised  Uniform  Reciprocal  Enforcement  of
 7    Support Act", approved August  28,  1969,  as  amended;  "The
 8    Illinois  Public  Aid  Code",  approved  April  11,  1967, as
 9    amended; and the "Non-support of Spouse  and  Children  Act",
10    approved June 8, 1953, as amended.
11        (g)  Any  escrow established pursuant to this Section for
12    the purpose of providing support shall not be subject to fees
13    collected by the Clerk of the Circuit  Court  for  any  other
14    escrow.
15    (Source: P.A. 90-673, eff. 1-1-99.)

16        Section  99.  Effective date.  This Act takes effect upon
17    becoming law.

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