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91_HB1774ham001
LRB9104124DJcdam
1 AMENDMENT TO HOUSE BILL 1774
2 AMENDMENT NO. . Amend House Bill 1774 as follows:
3 by replacing the title with the following:
4 "AN ACT to amend the Illinois Marriage and Dissolution of
5 Marriage Act by changing Sections 505 and 713."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Marriage and Dissolution of
9 Marriage Act is amended by changing Sections 505 and 713 as
10 follows:
11 (750 ILCS 5/505) (from Ch. 40, par. 505)
12 Sec. 505. Child support; contempt; penalties.
13 (a) In a proceeding for dissolution of marriage, legal
14 separation, declaration of invalidity of marriage, a
15 proceeding for child support following dissolution of the
16 marriage by a court which lacked personal jurisdiction over
17 the absent spouse, a proceeding for modification of a
18 previous order for child support under Section 510 of this
19 Act, or any proceeding authorized under Section 501 or 601 of
20 this Act, the court may order either or both parents owing a
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1 duty of support to a child of the marriage to pay an amount
2 reasonable and necessary for his support, without regard to
3 marital misconduct. The duty of support owed to a minor
4 child includes the obligation to provide for the reasonable
5 and necessary physical, mental and emotional health needs of
6 the child.
7 (1) The Court shall determine the minimum amount of
8 support by using the following guidelines:
9 Number of Children Percent of Supporting Party's
10 Net Income
11 1 20%
12 2 25%
13 3 32%
14 4 40%
15 5 45%
16 6 or more 50%
17 (2) The above guidelines shall be applied in each
18 case unless the court makes a finding that application of
19 the guidelines would be inappropriate, after considering
20 the best interests of the child in light of evidence
21 including but not limited to one or more of the following
22 relevant factors:
23 (a) the financial resources and needs of the
24 child;
25 (b) the financial resources and needs of the
26 custodial parent;
27 (c) the standard of living the child would
28 have enjoyed had the marriage not been dissolved;
29 (d) the physical and emotional condition of
30 the child, and his educational needs; and
31 (e) the financial resources and needs of the
32 non-custodial parent.
33 If the court deviates from the guidelines, the
34 court's finding shall state the amount of support that
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1 would have been required under the guidelines, if
2 determinable. The court shall include the reason or
3 reasons for the variance from the guidelines.
4 (3) "Net income" is defined as the total of all
5 income from all sources, minus the following deductions:
6 (a) Federal income tax (properly calculated
7 withholding or estimated payments);
8 (b) State income tax (properly calculated
9 withholding or estimated payments);
10 (c) Social Security (FICA payments);
11 (d) Mandatory retirement contributions
12 required by law or as a condition of employment;
13 (e) Union dues;
14 (f) Dependent and individual
15 health/hospitalization insurance premiums;
16 (g) Prior obligations of support or
17 maintenance actually paid pursuant to a court order;
18 (h) Expenditures for repayment of debts that
19 represent reasonable and necessary expenses for the
20 production of income, medical expenditures necessary
21 to preserve life or health, reasonable expenditures
22 for the benefit of the child and the other parent,
23 exclusive of gifts. The court shall reduce net
24 income in determining the minimum amount of support
25 to be ordered only for the period that such payments
26 are due and shall enter an order containing
27 provisions for its self-executing modification upon
28 termination of such payment period.
29 (4) In cases where the court order provides for
30 health/hospitalization insurance coverage pursuant to
31 Section 505.2 of this Act, the premiums for that
32 insurance, or that portion of the premiums for which the
33 supporting party is responsible in the case of insurance
34 provided through an employer's health insurance plan
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1 where the employer pays a portion of the premiums, shall
2 be subtracted from net income in determining the minimum
3 amount of support to be ordered.
4 (4.5) In a proceeding for child support following
5 dissolution of the marriage by a court that lacked
6 personal jurisdiction over the absent spouse, and in
7 which the court is requiring payment of support for the
8 period before the date an order for current support is
9 entered, there is a rebuttable presumption that the
10 supporting party's net income for the prior period was
11 the same as his or her net income at the time the order
12 for current support is entered.
13 (5) If the net income cannot be determined because
14 of default or any other reason, the court shall order
15 support in an amount considered reasonable in the
16 particular case. The final order in all cases shall
17 state the support level in dollar amounts.
18 (a-5) In an action to enforce an order for support based
19 on the respondent's failure to make support payments as
20 required by the order, notice of proceedings to hold the
21 respondent in contempt for that failure may be served on the
22 respondent by personal service or by regular mail addressed
23 to the respondent's last known address. The respondent's
24 last known address may be determined from records of the
25 clerk of the court, from the Federal Case Registry of Child
26 Support Orders, or by any other reasonable means.
27 (b) Failure of either parent to comply with an order to
28 pay support shall be punishable as in other cases of
29 contempt. In addition to other penalties provided by law the
30 Court may, after finding the parent guilty of contempt, order
31 that the parent be:
32 (1) placed on probation with such conditions of
33 probation as the Court deems advisable;
34 (2) sentenced to periodic imprisonment for a period
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1 not to exceed 6 months; provided, however, that the Court
2 may permit the parent to be released for periods of time
3 during the day or night to:
4 (A) work; or
5 (B) conduct a business or other self-employed
6 occupation.
7 The Court may further order any part or all of the
8 earnings of a parent during a sentence of periodic
9 imprisonment paid to the Clerk of the Circuit Court or to the
10 parent having custody or to the guardian having custody of
11 the minor children of the sentenced parent for the support of
12 said minor children until further order of the Court.
13 If there is a unity of interest and ownership sufficient
14 to render no financial separation between a non-custodial
15 parent and another person or persons or business entity, the
16 court may pierce the ownership veil of the person, persons,
17 or business entity to discover assets of the non-custodial
18 parent held in the name of that person, those persons, or
19 that business entity. The following circumstances are
20 sufficient to authorize a court to order discovery of the
21 assets of a person, persons, or business entity and to compel
22 the application of any discovered assets toward payment on
23 the judgment for support:
24 (1) the non-custodial parent and the person,
25 persons, or business entity maintain records together.
26 (2) the non-custodial parent and the person,
27 persons, or business entity fail to maintain an arms
28 length relationship between themselves with regard to any
29 assets.
30 (3) the non-custodial parent transfers assets to
31 the person, persons, or business entity with the intent
32 to perpetrate a fraud on the custodial parent.
33 With respect to assets which are real property, no order
34 entered under this paragraph shall affect the rights of bona
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1 fide purchasers, mortgagees, judgment creditors, or other
2 lien holders who acquire their interests in the property
3 prior to the time a notice of lis pendens pursuant to the
4 Code of Civil Procedure or a copy of the order is placed of
5 record in the office of the recorder of deeds for the county
6 in which the real property is located.
7 The court may also order in cases where the parent is 90
8 days or more delinquent in payment of support or has been
9 adjudicated in arrears in an amount equal to 90 days
10 obligation or more, that the parent's Illinois driving
11 privileges be suspended until the court determines that the
12 parent is in compliance with the order of support. The court
13 may also order that the parent be issued a family financial
14 responsibility driving permit that would allow limited
15 driving privileges for employment and medical purposes in
16 accordance with Section 7-702.1 of the Illinois Vehicle Code.
17 The clerk of the circuit court shall certify the order
18 suspending the driving privileges of the parent or granting
19 the issuance of a family financial responsibility driving
20 permit to the Secretary of State on forms prescribed by the
21 Secretary. Upon receipt of the authenticated documents, the
22 Secretary of State shall suspend the parent's driving
23 privileges until further order of the court and shall, if
24 ordered by the court, subject to the provisions of Section
25 7-702.1 of the Illinois Vehicle Code, issue a family
26 financial responsibility driving permit to the parent.
27 In addition to the penalties or punishment that may be
28 imposed under this Section, any person whose conduct
29 constitutes a violation of Section 1 of the Non-Support of
30 Spouse and Children Act may be prosecuted under that Section,
31 and a person convicted under that Section may be sentenced in
32 accordance with that Section. The sentence may include but
33 need not be limited to a requirement that the person perform
34 community service under subsection (b) of that Section or
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1 participate in a work alternative program under subsection
2 (c) of that Section. A person may not be required to
3 participate in a work alternative program under subsection
4 (c) of that Section if the person is currently participating
5 in a work program pursuant to Section 505.1 of this Act.
6 (c) A one-time charge of 20% is imposable upon the
7 amount of past-due child support owed on July 1, 1988 which
8 has accrued under a support order entered by the court. The
9 charge shall be imposed in accordance with the provisions of
10 Section 10-21 of the Illinois Public Aid Code and shall be
11 enforced by the court upon petition.
12 (d) Any new or existing support order entered by the
13 court under this Section shall be deemed to be a series of
14 judgments against the person obligated to pay support
15 thereunder, each such judgment to be in the amount of each
16 payment or installment of support and each such judgment to
17 be deemed entered as of the date the corresponding payment or
18 installment becomes due under the terms of the support order.
19 Each such judgment shall have the full force, effect and
20 attributes of any other judgment of this State, including the
21 ability to be enforced. A lien arises by operation of law
22 against the real and personal property of the noncustodial
23 parent for each installment of overdue support owed by the
24 noncustodial parent.
25 (e) When child support is to be paid through the clerk
26 of the court in a county of 1,000,000 inhabitants or less,
27 the order shall direct the obligor to pay to the clerk, in
28 addition to the child support payments, all fees imposed by
29 the county board under paragraph (3) of subsection (u) of
30 Section 27.1 of the Clerks of Courts Act. Unless paid in
31 cash or pursuant to an order for withholding, the payment of
32 the fee shall be by a separate instrument from the support
33 payment and shall be made to the order of the Clerk.
34 (f) All orders for support, when entered or modified,
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1 shall include a provision requiring the obligor to notify the
2 court and, in cases in which a party is receiving child and
3 spouse services under Article X of the Illinois Public Aid
4 Code, the Illinois Department of Public Aid, within 7 days,
5 (i) of the name and address of any new employer of the
6 obligor, (ii) whether the obligor has access to health
7 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 Act, which
18 service shall be sufficient for purposes of due process.
19 (g) An order for support shall include a date on which
20 the current support obligation terminates. The termination
21 date shall be no earlier than the date on which the child
22 covered by the order will attain the age of majority or is
23 otherwise emancipated. The order for support shall state that
24 the termination date does not apply to any arrearage that may
25 remain unpaid on that date. Nothing in this subsection shall
26 be construed to prevent the court from modifying the order.
27 (h) An order entered under this Section shall include a
28 provision requiring the obligor to report to the obligee and
29 to the clerk of court within 10 days each time the obligor
30 obtains new employment, and each time the obligor's
31 employment is terminated for any reason. The report shall be
32 in writing and shall, in the case of new employment, include
33 the name and address of the new employer. Failure to report
34 new employment or the termination of current employment, if
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1 coupled with nonpayment of support for a period in excess of
2 60 days, is indirect criminal contempt. For any obligor
3 arrested for failure to report new employment bond shall be
4 set in the amount of the child support that should have been
5 paid during the period of unreported employment. An order
6 entered under this Section shall also include a provision
7 requiring the obligor and obligee parents to advise each
8 other of a change in residence within 5 days of the change
9 except when the court finds that the physical, mental, or
10 emotional health of a party or that of a minor child, or
11 both, would be seriously endangered by disclosure of the
12 party's address.
13 (Source: P.A. 89-88, eff. 6-30-95; 89-92, eff. 7-1-96;
14 89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
15 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-733, eff.
16 8-11-98.)
17 (750 ILCS 5/713) (from Ch. 40, par. 713)
18 Sec. 713. Attachment of the Body. As used in this
19 Section, "obligor" has the same meaning ascribed to such term
20 in the Income Withholding for Support Act.
21 (a) In any proceeding to enforce an order for support,
22 where the obligor has failed to appear in court pursuant to
23 order of court and after due notice thereof, the court may
24 enter an order for the attachment of the body of the obligor.
25 Notices under this Section shall be served upon the obligor
26 by any means authorized under subsection (a-5) of Section 505
27 either (1) by prepaid certified mail with delivery
28 restricted to the obligor, or (2) by personal service on the
29 obligor. The attachment order shall fix an amount of escrow
30 which is equal to a minimum of 20% of the total child support
31 arrearage alleged by the obligee in sworn testimony to be due
32 and owing. The attachment order shall direct the Sheriff of
33 any county in Illinois to take the obligor into custody and
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1 shall set the number of days following release from custody
2 for a hearing to be held at which the obligor must appear, if
3 he is released under subsection (c) of this Section.
4 (b) If the obligor is taken into custody, the Sheriff
5 shall take the obligor before the court which entered the
6 attachment order. However, the Sheriff may release the
7 person after he or she has deposited the amount of escrow
8 ordered by the court pursuant to local procedures for the
9 posting of bond. The Sheriff shall advise the obligor of the
10 hearing date at which the obligor is required to appear.
11 (c) Any escrow deposited pursuant to this Section shall
12 be transmitted to the Clerk of the Circuit Court for the
13 county in which the order for attachment of the body of the
14 obligor was entered. Any Clerk who receives money deposited
15 into escrow pursuant to this Section shall notify the
16 obligee, public office or legal counsel whose name appears on
17 the attachment order of the court date at which the obligor
18 is required to appear and the amount deposited into escrow.
19 The Clerk shall disburse such money to the obligee only under
20 an order from the court that entered the attachment order
21 pursuant to this Section.
22 (d) Whenever an obligor is taken before the court by the
23 Sheriff, or appears in court after the court has ordered the
24 attachment of his body, the court shall:
25 (1) hold a hearing on the complaint or petition
26 that gave rise to the attachment order. For purposes of
27 determining arrearages that are due and owing by the
28 obligor, the court shall accept the previous sworn
29 testimony of the obligee as true and the appearance of
30 the obligee shall not be required. The court shall
31 require sworn testimony of the obligor as to his or her
32 Social Security number, income, employment, bank
33 accounts, property and any other assets. If there is a
34 dispute as to the total amount of arrearages, the court
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1 shall proceed as in any other case as to the undisputed
2 amounts; and
3 (2) order the Clerk of the Circuit Court to
4 disburse to the obligee or public office money held in
5 escrow pursuant to this Section if the court finds that
6 the amount of arrearages exceeds the amount of the
7 escrow. Amounts received by the obligee or public office
8 shall be deducted from the amount of the arrearages.
9 (e) If the obligor fails to appear in court after being
10 notified of the court date by the Sheriff upon release from
11 custody, the court shall order any monies deposited into
12 escrow to be immediately released to the obligee or public
13 office and shall proceed under subsection (a) of this Section
14 by entering another order for the attachment of the body of
15 the obligor.
16 (f) This Section shall apply to any order for support
17 issued under the "Illinois Marriage and Dissolution of
18 Marriage Act", approved September 22, 1977, as amended; the
19 "Illinois Parentage Act of 1984", effective July 1, 1985, as
20 amended; the "Revised Uniform Reciprocal Enforcement of
21 Support Act", approved August 28, 1969, as amended; "The
22 Illinois Public Aid Code", approved April 11, 1967, as
23 amended; and the "Non-support of Spouse and Children Act",
24 approved June 8, 1953, as amended.
25 (g) Any escrow established pursuant to this Section for
26 the purpose of providing support shall not be subject to fees
27 collected by the Clerk of the Circuit Court for any other
28 escrow.
29 (Source: P.A. 90-673, eff. 1-1-99.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.".