[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB4612
LRB9111862DJcd
1 AN ACT in relation to 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- LRB9111862DJcd
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 An order entered under this Section shall include a
29 provision requiring the obligor and the obligee to provide
30 each other with written notice of any material change in the
31 party's financial circumstances. Each party must provide the
32 notice to the other party within 14 days after the material
33 change. In this subsection, "obligor" and "obligee" have the
34 meanings attributed to those terms in the Income Withholding
-3- LRB9111862DJcd
1 for Support Act.
2 An order entered under this Section shall include a
3 provision requiring the obligor to report to the obligee and
4 to the clerk of court within 10 days each time the obligor
5 obtains new employment, and each time the obligor's
6 employment is terminated for any reason. The report shall be
7 in writing and shall, in the case of new employment, include
8 the name and address of the new employer. Failure to report
9 new employment or the termination of current employment, if
10 coupled with nonpayment of support for a period in excess of
11 60 days, is indirect criminal contempt. For any obligor
12 arrested for failure to report new employment bond shall be
13 set in the amount of the child support that should have been
14 paid during the period of unreported employment. An order
15 entered under this Section shall also include a provision
16 requiring the obligor and obligee parents to advise each
17 other of a change in residence within 5 days of the change
18 except when the court finds that the physical, mental, or
19 emotional health of a party or that of a minor child, or
20 both, would be seriously endangered by disclosure of the
21 party's address.
22 The Court shall determine the amount of maintenance using
23 the standards set forth in Section 504 of the Illinois
24 Marriage and Dissolution of Marriage Act.
25 Any new or existing support order entered by the court
26 under this Section shall be deemed to be a series of
27 judgments against the person obligated to pay support
28 thereunder, each such judgment to be in the amount of each
29 payment or installment of support and each such judgment to
30 be deemed entered as of the date the corresponding payment or
31 installment becomes due under the terms of the support order.
32 Each such judgment shall have the full force, effect and
33 attributes of any other judgment of this State, including the
34 ability to be enforced. Any such judgment is subject to
-4- LRB9111862DJcd
1 modification or termination only in accordance with Section
2 510 of the Illinois Marriage and Dissolution of Marriage Act.
3 A lien arises by operation of law against the real and
4 personal property of the noncustodial parent for each
5 installment of overdue support owed by the noncustodial
6 parent.
7 When an order is entered for the support of a minor, the
8 court may provide therein for reasonable visitation of the
9 minor by the person or persons who provided support pursuant
10 to the order. Whoever willfully refuses to comply with such
11 visitation order or willfully interferes with its enforcement
12 may be declared in contempt of court and punished therefor.
13 Except where the local governmental unit has entered into
14 an agreement with the Illinois Department for the Child and
15 Spouse Support Unit to act for it, as provided in Section
16 10-3.1, support orders entered by the court in cases
17 involving applicants or recipients under Article VI shall
18 provide that payments thereunder be made directly to the
19 local governmental unit. Orders for the support of all other
20 applicants or recipients shall provide that payments
21 thereunder be made directly to the Illinois Department. In
22 accordance with federal law and regulations, the Illinois
23 Department may continue to collect current maintenance
24 payments or child support payments, or both, after those
25 persons cease to receive public assistance and until
26 termination of services under Article X. The Illinois
27 Department shall pay the net amount collected to those
28 persons after deducting any costs incurred in making the
29 collection or any collection fee from the amount of any
30 recovery made. In both cases the order shall permit the
31 local governmental unit or the Illinois Department, as the
32 case may be, to direct the responsible relative or relatives
33 to make support payments directly to the needy person, or to
34 some person or agency in his behalf, upon removal of the
-5- LRB9111862DJcd
1 person from the public aid rolls or upon termination of
2 services under Article X.
3 If the notice of support due issued pursuant to Section
4 10-7 directs that support payments be made directly to the
5 needy person, or to some person or agency in his behalf, and
6 the recipient is removed from the public aid rolls, court
7 action may be taken against the responsible relative
8 hereunder if he fails to furnish support in accordance with
9 the terms of such notice.
10 Actions may also be brought under this Section in behalf
11 of any person who is in need of support from responsible
12 relatives, as defined in Section 2-11 of Article II who is
13 not an applicant for or recipient of financial aid under this
14 Code. In such instances, the State's Attorney of the county
15 in which such person resides shall bring action against the
16 responsible relatives hereunder. If the Illinois Department,
17 as authorized by Section 10-1, extends the support services
18 provided by this Article to spouses and dependent children
19 who are not applicants or recipients under this Code, the
20 Child and Spouse Support Unit established by Section 10-3.1
21 shall bring action against the responsible relatives
22 hereunder and any support orders entered by the court in such
23 cases shall provide that payments thereunder be made directly
24 to the Illinois Department.
25 Whenever it is determined in a proceeding to establish or
26 enforce a child support or maintenance obligation that the
27 person owing a duty of support is unemployed, the court may
28 order the person to seek employment and report periodically
29 to the court with a diary, listing or other memorandum of his
30 or her efforts in accordance with such order. Additionally,
31 the court may order the unemployed person to report to the
32 Department of Employment Security for job search services or
33 to make application with the local Jobs Training Partnership
34 Act provider for participation in job search, training or
-6- LRB9111862DJcd
1 work programs and where the duty of support is owed to a
2 child receiving support services under this Article X, the
3 court may order the unemployed person to report to the
4 Illinois Department for participation in job search, training
5 or work programs established under Section 9-6 and Article
6 IXA of this Code.
7 Whenever it is determined that a person owes past-due
8 support for a child receiving assistance under this Code, the
9 court shall order at the request of the Illinois Department:
10 (1) that the person pay the past-due support in
11 accordance with a plan approved by the court; or
12 (2) if the person owing past-due support is
13 unemployed, is subject to such a plan, and is not
14 incapacitated, that the person participate in such job
15 search, training, or work programs established under
16 Section 9-6 and Article IXA of this Code as the court
17 deems appropriate.
18 A determination under this Section shall not be
19 administratively reviewable by the procedures specified in
20 Sections 10-12, and 10-13 to 10-13.10. Any determination
21 under these Sections, if made the basis of court action under
22 this Section, shall not affect the de novo judicial
23 determination required under this Section.
24 A one-time charge of 20% is imposable upon the amount of
25 past-due child support owed on July 1, 1988 which has accrued
26 under a support order entered by the court. The charge shall
27 be imposed in accordance with the provisions of Section 10-21
28 of this Code and shall be enforced by the court upon
29 petition.
30 All orders for support, when entered or modified, shall
31 include a provision requiring the non-custodial parent to
32 notify the court and, in cases in which a party is receiving
33 child and spouse support services under this Article X, the
34 Illinois Department, within 7 days, (i) of the name, address,
-7- LRB9111862DJcd
1 and telephone number of any new employer of the non-custodial
2 parent, (ii) whether the non-custodial parent has access to
3 health insurance coverage through the employer or other group
4 coverage and, if so, the policy name and number and the names
5 of persons covered under the policy, and (iii) of any new
6 residential or mailing address or telephone number of the
7 non-custodial parent. In any subsequent action to enforce a
8 support order, upon a sufficient showing that a diligent
9 effort has been made to ascertain the location of the
10 non-custodial parent, service of process or provision of
11 notice necessary in the case may be made at the last known
12 address of the non-custodial parent in any manner expressly
13 provided by the Code of Civil Procedure or this Code, which
14 service shall be sufficient for purposes of due process.
15 An order for support shall include a date on which the
16 current support obligation terminates. The termination date
17 shall be no earlier than the date on which the child covered
18 by the order will attain the age of majority or is otherwise
19 emancipated. The order for support shall state that the
20 termination date does not apply to any arrearage that may
21 remain unpaid on that date. Nothing in this paragraph shall
22 be construed to prevent the court from modifying the order.
23 Upon notification in writing or by electronic
24 transmission from the Illinois Department to the clerk of the
25 court that a person who is receiving support payments under
26 this Section is receiving services under the Child Support
27 Enforcement Program established by Title IV-D of the Social
28 Security Act, any support payments subsequently received by
29 the clerk of the court shall be transmitted in accordance
30 with the instructions of the Illinois Department until the
31 Illinois Department gives notice to the clerk of the court to
32 cease the transmittal. After providing the notification
33 authorized under this paragraph, the Illinois Department
34 shall be entitled as a party to notice of any further
-8- LRB9111862DJcd
1 proceedings in the case. The clerk of the court shall file a
2 copy of the Illinois Department's notification in the court
3 file. The clerk's failure to file a copy of the
4 notification in the court file shall not, however, affect the
5 Illinois Department's right to receive notice of further
6 proceedings.
7 Payments under this Section to the Illinois Department
8 pursuant to the Child Support Enforcement Program established
9 by Title IV-D of the Social Security Act shall be paid into
10 the Child Support Enforcement Trust Fund. All payments under
11 this Section to the Illinois Department of Human Services
12 shall be deposited in the DHS Recoveries Trust Fund.
13 Disbursements from these funds shall be as provided in
14 Sections 12-9.1 and 12-10.2 of this Code. Payments received
15 by a local governmental unit shall be deposited in that
16 unit's General Assistance Fund.
17 To the extent the provisions of this Section are
18 inconsistent with the requirements pertaining to the State
19 Disbursement Unit under Sections 10-10.4 and 10-26 of this
20 Code, the requirements pertaining to the State Disbursement
21 Unit shall apply.
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; 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 91-357,
25 eff. 7-29-99; revised 8-30-99.)
26 Section 10. The Illinois Marriage and Dissolution of
27 Marriage Act is amended by changing Sections 504, 505, and
28 510 as follows:
29 (750 ILCS 5/504) (from Ch. 40, par. 504)
30 Sec. 504. Maintenance.
31 (a) In a proceeding for dissolution of marriage or legal
32 separation or declaration of invalidity of marriage, or a
-9- LRB9111862DJcd
1 proceeding for maintenance following dissolution of the
2 marriage by a court which lacked personal jurisdiction over
3 the absent spouse, the court may grant a temporary or
4 permanent maintenance award for either spouse in amounts and
5 for periods of time as the court deems just, without regard
6 to marital misconduct, in gross or for fixed or indefinite
7 periods of time, and the maintenance may be paid from the
8 income or property of the other spouse after consideration of
9 all relevant factors, including:
10 (1) the income and property of each party,
11 including marital property apportioned and non-marital
12 property assigned to the party seeking maintenance;
13 (2) the needs of each party;
14 (3) the present and future earning capacity of each
15 party;
16 (4) any impairment of the present and future
17 earning capacity of the party seeking maintenance due to
18 that party devoting time to domestic duties or having
19 forgone or delayed education, training, employment, or
20 career opportunities due to the marriage;
21 (5) the time necessary to enable the party seeking
22 maintenance to acquire appropriate education, training,
23 and employment, and whether that party is able to support
24 himself or herself through appropriate employment or is
25 the custodian of a child making it appropriate that the
26 custodian not seek employment;
27 (6) the standard of living established during the
28 marriage;
29 (7) the duration of the marriage;
30 (8) the age and the physical and emotional
31 condition of both parties;
32 (9) the tax consequences of the property division
33 upon the respective economic circumstances of the
34 parties;
-10- LRB9111862DJcd
1 (10) contributions and services by the party
2 seeking maintenance to the education, training, career or
3 career potential, or license of the other spouse;
4 (11) any valid agreement of the parties; and
5 (12) any other factor that the court expressly
6 finds to be just and equitable.
7 An order entered under this Section shall include a
8 provision requiring the party obligated to pay maintenance
9 and the party entitled to maintenance to provide each other
10 with written notice of any material change in the party's
11 financial circumstances. Each party must provide the notice
12 to the other party within 14 days after the material change.
13 (b) (Blank).
14 (c) The court may grant and enforce the payment of
15 maintenance during the pendency of an appeal as the court
16 shall deem reasonable and proper.
17 (d) No maintenance shall accrue during the period in
18 which a party is imprisoned for failure to comply with the
19 court's order for the payment of such maintenance.
20 (e) When maintenance is to be paid through the clerk of
21 the court in a county of 1,000,000 inhabitants or less, the
22 order shall direct the obligor to pay to the clerk, in
23 addition to the maintenance payments, all fees imposed by the
24 county board under paragraph (3) of subsection (u) of Section
25 27.1 of the Clerks of Courts Act. Unless paid in cash or
26 pursuant to an order for withholding, the payment of the fee
27 shall be by a separate instrument from the support payment
28 and shall be made to the order of the Clerk.
29 (Source: P.A. 91-357, eff. 7-29-99.)
30 (750 ILCS 5/505) (from Ch. 40, par. 505)
31 (Text of Section before amendment by P.A. 91-655)
32 Sec. 505. Child support; contempt; penalties.
33 (a) In a proceeding for dissolution of marriage, legal
-11- LRB9111862DJcd
1 separation, declaration of invalidity of marriage, a
2 proceeding for child support following dissolution of the
3 marriage by a court which lacked personal jurisdiction over
4 the absent spouse, a proceeding for modification of a
5 previous order for child support under Section 510 of this
6 Act, or any proceeding authorized under Section 501 or 601 of
7 this Act, the court may order either or both parents owing a
8 duty of support to a child of the marriage to pay an amount
9 reasonable and necessary for his support, without regard to
10 marital misconduct. The duty of support owed to a minor
11 child includes the obligation to provide for the reasonable
12 and necessary physical, mental and emotional health needs of
13 the child.
14 (1) The Court shall determine the minimum amount of
15 support by using the following guidelines:
16 Number of Children Percent of Supporting Party's
17 Net Income
18 1 20%
19 2 25%
20 3 32%
21 4 40%
22 5 45%
23 6 or more 50%
24 (2) The above guidelines shall be applied in each
25 case unless the court makes a finding that application of
26 the guidelines would be inappropriate, after considering
27 the best interests of the child in light of evidence
28 including but not limited to one or more of the following
29 relevant factors:
30 (a) the financial resources and needs of the
31 child;
32 (b) the financial resources and needs of the
33 custodial parent;
34 (c) the standard of living the child would
-12- LRB9111862DJcd
1 have enjoyed had the marriage not been dissolved;
2 (d) the physical and emotional condition of
3 the child, and his educational needs; and
4 (e) the financial resources and needs of the
5 non-custodial parent.
6 If the court deviates from the guidelines, the
7 court's finding shall state the amount of support that
8 would have been required under the guidelines, if
9 determinable. The court shall include the reason or
10 reasons for the variance from the guidelines.
11 (3) "Net income" is defined as the total of all
12 income from all sources, minus the following deductions:
13 (a) Federal income tax (properly calculated
14 withholding or estimated payments);
15 (b) State income tax (properly calculated
16 withholding or estimated payments);
17 (c) Social Security (FICA payments);
18 (d) Mandatory retirement contributions
19 required by law or as a condition of employment;
20 (e) Union dues;
21 (f) Dependent and individual
22 health/hospitalization insurance premiums;
23 (g) Prior obligations of support or
24 maintenance actually paid pursuant to a court order;
25 (h) Expenditures for repayment of debts that
26 represent reasonable and necessary expenses for the
27 production of income, medical expenditures necessary
28 to preserve life or health, reasonable expenditures
29 for the benefit of the child and the other parent,
30 exclusive of gifts. The court shall reduce net
31 income in determining the minimum amount of support
32 to be ordered only for the period that such payments
33 are due and shall enter an order containing
34 provisions for its self-executing modification upon
-13- LRB9111862DJcd
1 termination of such payment period.
2 (4) In cases where the court order provides for
3 health/hospitalization insurance coverage pursuant to
4 Section 505.2 of this Act, the premiums for that
5 insurance, or that portion of the premiums for which the
6 supporting party is responsible in the case of insurance
7 provided through an employer's health insurance plan
8 where the employer pays a portion of the premiums, shall
9 be subtracted from net income in determining the minimum
10 amount of support to be ordered.
11 (4.5) In a proceeding for child support following
12 dissolution of the marriage by a court that lacked
13 personal jurisdiction over the absent spouse, and in
14 which the court is requiring payment of support for the
15 period before the date an order for current support is
16 entered, there is a rebuttable presumption that the
17 supporting party's net income for the prior period was
18 the same as his or her net income at the time the order
19 for current support is entered.
20 (5) If the net income cannot be determined because
21 of default or any other reason, the court shall order
22 support in an amount considered reasonable in the
23 particular case. The final order in all cases shall
24 state the support level in dollar amounts.
25 (a-5) In an action to enforce an order for support based
26 on the respondent's failure to make support payments as
27 required by the order, notice of proceedings to hold the
28 respondent in contempt for that failure may be served on the
29 respondent by personal service or by regular mail addressed
30 to the respondent's last known address. The respondent's
31 last known address may be determined from records of the
32 clerk of the court, from the Federal Case Registry of Child
33 Support Orders, or by any other reasonable means.
34 (b) Failure of either parent to comply with an order to
-14- LRB9111862DJcd
1 pay support shall be punishable as in other cases of
2 contempt. In addition to other penalties provided by law the
3 Court may, after finding the parent guilty of contempt, order
4 that the parent be:
5 (1) placed on probation with such conditions of
6 probation as the Court deems advisable;
7 (2) sentenced to periodic imprisonment for a period
8 not to exceed 6 months; provided, however, that the Court
9 may permit the parent to be released for periods of time
10 during the day or night to:
11 (A) work; or
12 (B) conduct a business or other self-employed
13 occupation.
14 The Court may further order any part or all of the
15 earnings of a parent during a sentence of periodic
16 imprisonment paid to the Clerk of the Circuit Court or to the
17 parent having custody or to the guardian having custody of
18 the minor children of the sentenced parent for the support of
19 said minor children until further order of the Court.
20 If there is a unity of interest and ownership sufficient
21 to render no financial separation between a non-custodial
22 parent and another person or persons or business entity, the
23 court may pierce the ownership veil of the person, persons,
24 or business entity to discover assets of the non-custodial
25 parent held in the name of that person, those persons, or
26 that business entity. The following circumstances are
27 sufficient to authorize a court to order discovery of the
28 assets of a person, persons, or business entity and to compel
29 the application of any discovered assets toward payment on
30 the judgment for support:
31 (1) the non-custodial parent and the person,
32 persons, or business entity maintain records together.
33 (2) the non-custodial parent and the person,
34 persons, or business entity fail to maintain an arms
-15- LRB9111862DJcd
1 length relationship between themselves with regard to any
2 assets.
3 (3) the non-custodial parent transfers assets to
4 the person, persons, or business entity with the intent
5 to perpetrate a fraud on the custodial parent.
6 With respect to assets which are real property, no order
7 entered under this paragraph shall affect the rights of bona
8 fide purchasers, mortgagees, judgment creditors, or other
9 lien holders who acquire their interests in the property
10 prior to the time a notice of lis pendens pursuant to the
11 Code of Civil Procedure or a copy of the order is placed of
12 record in the office of the recorder of deeds for the county
13 in which the real property is located.
14 The court may also order in cases where the parent is 90
15 days or more delinquent in payment of support or has been
16 adjudicated in arrears in an amount equal to 90 days
17 obligation or more, that the parent's Illinois driving
18 privileges be suspended until the court determines that the
19 parent is in compliance with the order of support. The court
20 may also order that the parent be issued a family financial
21 responsibility driving permit that would allow limited
22 driving privileges for employment and medical purposes in
23 accordance with Section 7-702.1 of the Illinois Vehicle Code.
24 The clerk of the circuit court shall certify the order
25 suspending the driving privileges of the parent or granting
26 the issuance of a family financial responsibility driving
27 permit to the Secretary of State on forms prescribed by the
28 Secretary. Upon receipt of the authenticated documents, the
29 Secretary of State shall suspend the parent's driving
30 privileges until further order of the court and shall, if
31 ordered by the court, subject to the provisions of Section
32 7-702.1 of the Illinois Vehicle Code, issue a family
33 financial responsibility driving permit to the parent.
34 In addition to the penalties or punishment that may be
-16- LRB9111862DJcd
1 imposed under this Section, any person whose conduct
2 constitutes a violation of Section 15 1 of the Non-Support
3 Punishment of Spouse and Children Act may be prosecuted under
4 that Act Section, and a person convicted under that Act
5 Section may be sentenced in accordance with that Act Section.
6 The sentence may include but need not be limited to a
7 requirement that the person perform community service under
8 Section 50 subsection (b) of that Act Section or participate
9 in a work alternative program under Section 50 subsection (c)
10 of that Act Section. A person may not be required to
11 participate in a work alternative program under Section 50
12 subsection (c) of that Act Section if the person is currently
13 participating in a work program pursuant to Section 505.1 of
14 this Act.
15 A support obligation, or any portion of a support
16 obligation, which becomes due and remains unpaid for 30 days
17 or more shall accrue interest at the rate of 9% per annum.
18 (c) A one-time charge of 20% is imposable upon the
19 amount of past-due child support owed on July 1, 1988 which
20 has accrued under a support order entered by the court. The
21 charge shall be imposed in accordance with the provisions of
22 Section 10-21 of the Illinois Public Aid Code and shall be
23 enforced by the court upon petition.
24 (d) Any new or existing support order entered by the
25 court under this Section shall be deemed to be a series of
26 judgments against the person obligated to pay support
27 thereunder, each such judgment to be in the amount of each
28 payment or installment of support and each such judgment to
29 be deemed entered as of the date the corresponding payment or
30 installment becomes due under the terms of the support order.
31 Each such judgment shall have the full force, effect and
32 attributes of any other judgment of this State, including the
33 ability to be enforced. A lien arises by operation of law
34 against the real and personal property of the noncustodial
-17- LRB9111862DJcd
1 parent for each installment of overdue support owed by the
2 noncustodial parent.
3 (e) When child support is to be paid through the clerk
4 of the court in a county of 1,000,000 inhabitants or less,
5 the order shall direct the obligor to pay to the clerk, in
6 addition to the child support payments, all fees imposed by
7 the county board under paragraph (3) of subsection (u) of
8 Section 27.1 of the Clerks of Courts Act. Unless paid in
9 cash or pursuant to an order for withholding, the payment of
10 the fee shall be by a separate instrument from the support
11 payment and shall be made to the order of the Clerk.
12 (f) All orders for support, when entered or modified,
13 shall include a provision requiring the obligor to notify the
14 court and, in cases in which a party is receiving child and
15 spouse services under Article X of the Illinois Public Aid
16 Code, the Illinois Department of Public Aid, within 7 days,
17 (i) of the name and address of any new employer of the
18 obligor, (ii) whether the obligor has access to health
19 insurance coverage through the employer or other group
20 coverage and, if so, the policy name and number and the names
21 of persons covered under the policy, and (iii) of any new
22 residential or mailing address or telephone number of the
23 non-custodial parent. In any subsequent action to enforce a
24 support order, upon a sufficient showing that a diligent
25 effort has been made to ascertain the location of the
26 non-custodial parent, service of process or provision of
27 notice necessary in the case may be made at the last known
28 address of the non-custodial parent in any manner expressly
29 provided by the Code of Civil Procedure or this Act, which
30 service shall be sufficient for purposes of due process.
31 (g) An order for support shall include a date on which
32 the current support obligation terminates. The termination
33 date shall be no earlier than the date on which the child
34 covered by the order will attain the age of majority or is
-18- LRB9111862DJcd
1 otherwise emancipated. The order for support shall state that
2 the termination date does not apply to any arrearage that may
3 remain unpaid on that date. Nothing in this subsection shall
4 be construed to prevent the court from modifying the order.
5 (h) An order entered under this Section shall include a
6 provision requiring the obligor to report to the obligee and
7 to the clerk of court within 10 days each time the obligor
8 obtains new employment, and each time the obligor's
9 employment is terminated for any reason. The report shall be
10 in writing and shall, in the case of new employment, include
11 the name and address of the new employer. Failure to report
12 new employment or the termination of current employment, if
13 coupled with nonpayment of support for a period in excess of
14 60 days, is indirect criminal contempt. For any obligor
15 arrested for failure to report new employment bond shall be
16 set in the amount of the child support that should have been
17 paid during the period of unreported employment. An order
18 entered under this Section shall also include a provision
19 requiring the obligor and obligee parents to advise each
20 other of a change in residence within 5 days of the change
21 except when the court finds that the physical, mental, or
22 emotional health of a party or that of a minor child, or
23 both, would be seriously endangered by disclosure of the
24 party's address.
25 (Source: P.A. 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
26 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-733, eff.
27 8-11-98; 91-113, eff. 7-15-99; 91-397, eff. 1-1-00; revised
28 10-13-99.)
29 (Text of Section after amendment by P.A. 91-655)
30 Sec. 505. Child support; contempt; penalties.
31 (a) In a proceeding for dissolution of marriage, legal
32 separation, declaration of invalidity of marriage, a
33 proceeding for child support following dissolution of the
34 marriage by a court which lacked personal jurisdiction over
-19- LRB9111862DJcd
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
-20- LRB9111862DJcd
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
-21- LRB9111862DJcd
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. However, if
22 the court finds that the child support amount cannot be
23 expressed exclusively as a dollar amount because all or a
24 portion of the payor's net income is uncertain as to
25 source, time of payment, or amount, the court may order a
26 percentage amount of support in addition to a specific
27 dollar amount and enter such other orders as may be
28 necessary to determine and enforce, on a timely basis,
29 the applicable support ordered.
30 (a-5) In an action to enforce an order for support based
31 on the respondent's failure to make support payments as
32 required by the order, notice of proceedings to hold the
33 respondent in contempt for that failure may be served on the
34 respondent by personal service or by regular mail addressed
-22- LRB9111862DJcd
1 to the respondent's last known address. The respondent's
2 last known address may be determined from records of the
3 clerk of the court, from the Federal Case Registry of Child
4 Support Orders, or by any other reasonable means.
5 (b) Failure of either parent to comply with an order to
6 pay support shall be punishable as in other cases of
7 contempt. In addition to other penalties provided by law the
8 Court may, after finding the parent guilty of contempt, order
9 that the parent be:
10 (1) placed on probation with such conditions of
11 probation as the Court deems advisable;
12 (2) sentenced to periodic imprisonment for a period
13 not to exceed 6 months; provided, however, that the Court
14 may permit the parent to be released for periods of time
15 during the day or night to:
16 (A) work; or
17 (B) conduct a business or other self-employed
18 occupation.
19 The Court may further order any part or all of the
20 earnings of a parent during a sentence of periodic
21 imprisonment paid to the Clerk of the Circuit Court or to the
22 parent having custody or to the guardian having custody of
23 the minor children of the sentenced parent for the support of
24 said minor children until further order of the Court.
25 If there is a unity of interest and ownership sufficient
26 to render no financial separation between a non-custodial
27 parent and another person or persons or business entity, the
28 court may pierce the ownership veil of the person, persons,
29 or business entity to discover assets of the non-custodial
30 parent held in the name of that person, those persons, or
31 that business entity. The following circumstances are
32 sufficient to authorize a court to order discovery of the
33 assets of a person, persons, or business entity and to compel
34 the application of any discovered assets toward payment on
-23- LRB9111862DJcd
1 the judgment for support:
2 (1) the non-custodial parent and the person,
3 persons, or business entity maintain records together.
4 (2) the non-custodial parent and the person,
5 persons, or business entity fail to maintain an arms
6 length relationship between themselves with regard to any
7 assets.
8 (3) the non-custodial parent transfers assets to
9 the person, persons, or business entity with the intent
10 to perpetrate a fraud on the custodial parent.
11 With respect to assets which are real property, no order
12 entered under this paragraph shall affect the rights of bona
13 fide purchasers, mortgagees, judgment creditors, or other
14 lien holders who acquire their interests in the property
15 prior to the time a notice of lis pendens pursuant to the
16 Code of Civil Procedure or a copy of the order is placed of
17 record in the office of the recorder of deeds for the county
18 in which the real property is located.
19 The court may also order in cases where the parent is 90
20 days or more delinquent in payment of support or has been
21 adjudicated in arrears in an amount equal to 90 days
22 obligation or more, that the parent's Illinois driving
23 privileges be suspended until the court determines that the
24 parent is in compliance with the order of support. The court
25 may also order that the parent be issued a family financial
26 responsibility driving permit that would allow limited
27 driving privileges for employment and medical purposes in
28 accordance with Section 7-702.1 of the Illinois Vehicle Code.
29 The clerk of the circuit court shall certify the order
30 suspending the driving privileges of the parent or granting
31 the issuance of a family financial responsibility driving
32 permit to the Secretary of State on forms prescribed by the
33 Secretary. Upon receipt of the authenticated documents, the
34 Secretary of State shall suspend the parent's driving
-24- LRB9111862DJcd
1 privileges until further order of the court and shall, if
2 ordered by the court, subject to the provisions of Section
3 7-702.1 of the Illinois Vehicle Code, issue a family
4 financial responsibility driving permit to the parent.
5 In addition to the penalties or punishment that may be
6 imposed under this Section, any person whose conduct
7 constitutes a violation of Section 15 1 of the Non-Support
8 Punishment of Spouse and Children Act may be prosecuted under
9 that Act Section, and a person convicted under that Act
10 Section may be sentenced in accordance with that Act Section.
11 The sentence may include but need not be limited to a
12 requirement that the person perform community service under
13 Section 50 subsection (b) of that Act Section or participate
14 in a work alternative program under Section 50 subsection (c)
15 of that Act Section. A person may not be required to
16 participate in a work alternative program under Section 50
17 subsection (c) of that Act Section if the person is currently
18 participating in a work program pursuant to Section 505.1 of
19 this Act.
20 A support obligation, or any portion of a support
21 obligation, which becomes due and remains unpaid for 30 days
22 or more shall accrue interest at the rate of 9% per annum.
23 (c) A one-time charge of 20% is imposable upon the
24 amount of past-due child support owed on July 1, 1988 which
25 has accrued under a support order entered by the court. The
26 charge shall be imposed in accordance with the provisions of
27 Section 10-21 of the Illinois Public Aid Code and shall be
28 enforced by the court upon petition.
29 (d) Any new or existing support order entered by the
30 court 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
-25- LRB9111862DJcd
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. A lien arises by operation of law
5 against the real and personal property of the noncustodial
6 parent for each installment of overdue support owed by the
7 noncustodial parent.
8 (e) When child support is to be paid through the clerk
9 of the court in a county of 1,000,000 inhabitants or less,
10 the order shall direct the obligor to pay to the clerk, in
11 addition to the child support payments, all fees imposed by
12 the county board under paragraph (3) of subsection (u) of
13 Section 27.1 of the Clerks of Courts Act. Unless paid in
14 cash or pursuant to an order for withholding, the payment of
15 the fee shall be by a separate instrument from the support
16 payment and shall be made to the order of the Clerk.
17 (f) All orders for support, when entered or modified,
18 shall include a provision requiring the obligor to notify the
19 court and, in cases in which a party is receiving child and
20 spouse services under Article X of the Illinois Public Aid
21 Code, the Illinois Department of Public Aid, within 7 days,
22 (i) of the name and address of any new employer of the
23 obligor, (ii) whether the obligor has access to health
24 insurance coverage through the employer or other group
25 coverage and, if so, the policy name and number and the names
26 of persons covered under the policy, and (iii) of any new
27 residential or mailing address or telephone number of the
28 non-custodial parent. In any subsequent action to enforce a
29 support order, upon a sufficient showing that a diligent
30 effort has been made to ascertain the location of the
31 non-custodial parent, service of process or provision of
32 notice necessary in the case may be made at the last known
33 address of the non-custodial parent in any manner expressly
34 provided by the Code of Civil Procedure or this Act, which
-26- LRB9111862DJcd
1 service shall be sufficient for purposes of due process.
2 (f-5) An order entered under this Section shall include a
3 provision requiring the obligor and the obligee to provide
4 each other with written notice of any material change in the
5 party's financial circumstances. Each party must provide the
6 notice to the other party within 14 days after the material
7 change. In this subsection, "obligor" and "obligee" have the
8 meanings attributed to those terms in the Income Withholding
9 for Support Act.
10 (g) An order for support shall include a date on which
11 the current support obligation terminates. The termination
12 date shall be no earlier than the date on which the child
13 covered by the order will attain the age of majority or is
14 otherwise emancipated. The order for support shall state
15 that the termination date does not apply to any arrearage
16 that may remain unpaid on that date. Nothing in this
17 subsection shall be construed to prevent the court from
18 modifying the order.
19 (h) An order entered under this Section shall include a
20 provision requiring the obligor to report to the obligee and
21 to the clerk of court within 10 days each time the obligor
22 obtains new employment, and each time the obligor's
23 employment is terminated for any reason. The report shall be
24 in writing and shall, in the case of new employment, include
25 the name and address of the new employer. Failure to report
26 new employment or the termination of current employment, if
27 coupled with nonpayment of support for a period in excess of
28 60 days, is indirect criminal contempt. For any obligor
29 arrested for failure to report new employment bond shall be
30 set in the amount of the child support that should have been
31 paid during the period of unreported employment. An order
32 entered under this Section shall also include a provision
33 requiring the obligor and obligee parents to advise each
34 other of a change in residence within 5 days of the change
-27- LRB9111862DJcd
1 except when the court finds that the physical, mental, or
2 emotional health of a party or that of a minor child, or
3 both, would be seriously endangered by disclosure of the
4 party's address.
5 (Source: P.A. 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
6 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-733, eff.
7 8-11-98; 91-113, eff. 7-15-99; 91-397, eff. 1-1-00; 91-655,
8 eff. 6-1-00; revised 12-29-99.)
9 (750 ILCS 5/510) (from Ch. 40, par. 510)
10 Sec. 510. Modification and termination of provisions for
11 maintenance, support, educational expenses, and property
12 disposition.
13 (a) Except as otherwise provided in paragraph (f) of
14 Section 502 and in subsection (d), clause (3) of Section
15 505.2, the provisions of any judgment respecting maintenance
16 or support may be modified only as to installments accruing
17 subsequent to due notice by the moving party of the filing of
18 the motion for modification and, with respect to maintenance,
19 only upon a showing of a substantial change in circumstances.
20 An order for child support may be modified as follows:
21 (1) upon a showing of a substantial change in
22 circumstances; and
23 (2) without the necessity of showing a substantial
24 change in circumstances, as follows:
25 (A) upon a showing of an inconsistency of at
26 least 20%, but no less than $10 per month, between
27 the amount of the existing order and the amount of
28 child support that results from application of the
29 guidelines specified in Section 505 of this Act
30 unless the inconsistency is due to the fact that the
31 amount of the existing order resulted from a
32 deviation from the guideline amount and there has
33 not been a change in the circumstances that resulted
-28- LRB9111862DJcd
1 in that deviation; or
2 (B) Upon a showing of a need to provide for
3 the health care needs of the child under the order
4 through health insurance or other means. In no
5 event shall the eligibility for or receipt of
6 medical assistance be considered to meet the need to
7 provide for the child's health care needs.
8 If a party does not give written notice of a material
9 change in the party's financial circumstances within 14 days
10 as required under Section 504 or 505 of this Act, Section
11 10-10 of the Illinois Public Aid Code, or Section 14 of the
12 Illinois Parentage Act of 1984, the court may modify a
13 judgment respecting maintenance or support retroactive to the
14 date of the material change and may order the payment of
15 interest based on that modification at the statutory rate.
16 The provisions of subparagraph (a)(2)(A) shall apply only
17 in cases in which a party is receiving child and spouse
18 support services from the Illinois Department of Public Aid
19 under Article X of the Illinois Public Aid Code, and only
20 when at least 36 months have elapsed since the order for
21 child support was entered or last modified.
22 (b) The provisions as to property disposition may not be
23 revoked or modified, unless the court finds the existence of
24 conditions that justify the reopening of a judgment under the
25 laws of this State.
26 (c) Unless otherwise agreed by the parties in a written
27 agreement set forth in the judgment or otherwise approved by
28 the court, the obligation to pay future maintenance is
29 terminated upon the death of either party, or the remarriage
30 of the party receiving maintenance, or if the party receiving
31 maintenance cohabits with another person on a resident,
32 continuing conjugal basis.
33 (d) Unless otherwise agreed in writing or expressly
34 provided in a judgment, provisions for the support of a child
-29- LRB9111862DJcd
1 are terminated by emancipation of the child, except as
2 otherwise provided herein, but not by the death of a parent
3 obligated to support or educate the child. An existing
4 obligation to pay for support or educational expenses, or
5 both, is not terminated by the death of a parent. When a
6 parent obligated to pay support or educational expenses, or
7 both, dies, the amount of support or educational expenses, or
8 both, may be enforced, modified, revoked or commuted to a
9 lump sum payment, as equity may require, and that
10 determination may be provided for at the time of the
11 dissolution of the marriage or thereafter.
12 (e) The right to petition for support or educational
13 expenses, or both, under Sections 505 and 513 is not
14 extinguished by the death of a parent. Upon a petition filed
15 before or after a parent's death, the court may award sums of
16 money out of the decedent's estate for the child's support or
17 educational expenses, or both, as equity may require. The
18 time within which a claim may be filed against the estate of
19 a decedent under Sections 505 and 513 and subsection (d) and
20 this subsection shall be governed by the provisions of the
21 Probate Act of 1975, as a barrable, noncontingent claim.
22 (Source: P.A. 87-714; 88-42; 88-307; 88-670, eff. 12-2-94.)
23 Section 15. The Illinois Parentage Act of 1984 is
24 amended by changing Section 14 as follows:
25 (750 ILCS 45/14) (from Ch. 40, par. 2514)
26 Sec. 14. Judgment.
27 (a) (1) The judgment shall contain or explicitly reserve
28 provisions concerning any duty and amount of child support
29 and may contain provisions concerning the custody and
30 guardianship of the child, visitation privileges with the
31 child, the furnishing of bond or other security for the
32 payment of the judgment, which the court shall determine in
-30- LRB9111862DJcd
1 accordance with the relevant factors set forth in the
2 Illinois Marriage and Dissolution of Marriage Act and any
3 other applicable law of Illinois, to guide the court in a
4 finding in the best interests of the child. In determining
5 custody, joint custody, or visitation, the court shall apply
6 the relevant standards of the Illinois Marriage and
7 Dissolution of Marriage Act. Specifically, in determining the
8 amount of any child support award, the court shall use the
9 guidelines and standards set forth in subsection (a) of
10 Section 505 and in Section 505.2 of the Illinois Marriage and
11 Dissolution of Marriage Act. For purposes of Section 505 of
12 the Illinois Marriage and Dissolution of Marriage Act, "net
13 income" of the non-custodial parent shall include any
14 benefits available to that person under the Illinois Public
15 Aid Code or from other federal, State or local
16 government-funded programs. The court shall, in any event
17 and regardless of the amount of the non-custodial parent's
18 net income, in its judgment order the non-custodial parent to
19 pay child support to the custodial parent in a minimum amount
20 of not less than $10 per month. In an action brought within 2
21 years after a child's birth, the judgment or order may direct
22 either parent to pay the reasonable expenses incurred by
23 either parent related to the mother's pregnancy and the
24 delivery of the child. The judgment or order shall contain
25 the father's social security number, which the father shall
26 disclose to the court; however, failure to include the
27 father's social security number on the judgment or order does
28 not invalidate the judgment or order.
29 (2) If a judgment of parentage contains no explicit
30 award of custody, the establishment of a support obligation
31 or of visitation rights in one parent shall be considered a
32 judgment granting custody to the other parent. If the
33 parentage judgment contains no such provisions, custody shall
34 be presumed to be with the mother; however, the presumption
-31- LRB9111862DJcd
1 shall not apply if the father has had physical custody for at
2 least 6 months prior to the date that the mother seeks to
3 enforce custodial rights.
4 (b) The court shall order all child support payments,
5 determined in accordance with such guidelines, to commence
6 with the date summons is served. The level of current
7 periodic support payments shall not be reduced because of
8 payments set for the period prior to the date of entry of the
9 support order. The Court may order any child support
10 payments to be made for a period prior to the commencement of
11 the action. In determining whether and the extent to which
12 the payments shall be made for any prior period, the court
13 shall consider all relevant facts, including the factors for
14 determining the amount of support specified in the Illinois
15 Marriage and Dissolution of Marriage Act and other equitable
16 factors including but not limited to:
17 (1) The father's prior knowledge of the fact and
18 circumstances of the child's birth.
19 (2) The father's prior willingness or refusal to
20 help raise or support the child.
21 (3) The extent to which the mother or the public
22 agency bringing the action previously informed the father
23 of the child's needs or attempted to seek or require his
24 help in raising or supporting the child.
25 (4) The reasons the mother or the public agency did
26 not file the action earlier.
27 (5) The extent to which the father would be
28 prejudiced by the delay in bringing the action.
29 For purposes of determining the amount of child support
30 to be paid for any period before the date the order for
31 current child support is entered, there is a rebuttable
32 presumption that the father's net income for the prior period
33 was the same as his net income at the time the order for
34 current child support is entered.
-32- LRB9111862DJcd
1 (c) Any new or existing support order entered by the
2 court under this Section shall be deemed to be a series of
3 judgments against the person obligated to pay support
4 thereunder, each judgment to be in the amount of each payment
5 or installment of support and each such judgment to be deemed
6 entered as of the date the corresponding payment or
7 installment becomes due under the terms of the support order.
8 Each judgment shall have the full force, effect and
9 attributes of any other judgment of this State, including the
10 ability to be enforced. A lien arises by operation of law
11 against the real and personal property of the noncustodial
12 parent for each installment of overdue support owed by the
13 noncustodial parent.
14 (d) If the judgment or order of the court is at variance
15 with the child's birth certificate, the court shall order
16 that a new birth certificate be issued under the Vital
17 Records Act.
18 (e) On request of the mother and the father, the court
19 shall order a change in the child's name. After hearing
20 evidence the court may stay payment of support during the
21 period of the father's minority or period of disability.
22 (f) If, upon a showing of proper service, the father
23 fails to appear in court, or otherwise appear as provided by
24 law, the court may proceed to hear the cause upon testimony
25 of the mother or other parties taken in open court and shall
26 enter a judgment by default. The court may reserve any order
27 as to the amount of child support until the father has
28 received notice, by regular mail, of a hearing on the matter.
29 (g) A one-time charge of 20% is imposable upon the
30 amount of past-due child support owed on July 1, 1988 which
31 has accrued under a support order entered by the court. The
32 charge shall be imposed in accordance with the provisions of
33 Section 10-21 of the Illinois Public Aid Code and shall be
34 enforced by the court upon petition.
-33- LRB9111862DJcd
1 (h) All orders for support, when entered or modified,
2 shall include a provision requiring the non-custodial parent
3 to notify the court and, in cases in which party is receiving
4 child and spouse support services under Article X of the
5 Illinois Public Aid Code, the Illinois Department of Public
6 Aid, within 7 days, (i) of the name and address of any new
7 employer of the non-custodial parent, (ii) whether the
8 non-custodial parent has access to health insurance coverage
9 through the employer or other group coverage and, if so, the
10 policy name and number and the names of persons covered under
11 the policy, and (iii) of any new residential or mailing
12 address or telephone number of the non-custodial parent. In
13 any subsequent action to enforce a support order, upon a
14 sufficient showing that a diligent effort has been made to
15 ascertain the location of the non-custodial parent, service
16 of process or provision of notice necessary in the case may
17 be made at the last known address of the non-custodial parent
18 in any manner expressly provided by the Code of Civil
19 Procedure or this Act, which service shall be sufficient for
20 purposes of due process.
21 (h-5) An order entered under this Section shall include a
22 provision requiring the obligor and the obligee to provide
23 each other with written notice of any material change in the
24 party's financial circumstances. Each party must provide the
25 notice to the other party within 14 days after the material
26 change. In this subsection, "obligor" and "obligee" have the
27 meanings attributed to those terms in the Income Withholding
28 for Support Act.
29 (i) An order for support shall include a date on which
30 the current support obligation terminates. The termination
31 date shall be no earlier than the date on which the child
32 covered by the order will attain the age of majority or is
33 otherwise emancipated. The order for support shall state
34 that the termination date does not apply to any arrearage
-34- LRB9111862DJcd
1 that may remain unpaid on that date. Nothing in this
2 subsection shall be construed to prevent the court from
3 modifying the order.
4 (j) An order entered under this Section shall include a
5 provision requiring the obligor to report to the obligee and
6 to the clerk of court within 10 days each time the obligor
7 obtains new employment, and each time the obligor's
8 employment is terminated for any reason. The report shall be
9 in writing and shall, in the case of new employment, include
10 the name and address of the new employer. Failure to report
11 new employment or the termination of current employment, if
12 coupled with nonpayment of support for a period in excess of
13 60 days, is indirect criminal contempt. For any obligor
14 arrested for failure to report new employment bond shall be
15 set in the amount of the child support that should have been
16 paid during the period of unreported employment. An order
17 entered under this Section shall also include a provision
18 requiring the obligor and obligee parents to advise each
19 other of a change in residence within 5 days of the change
20 except when the court finds that the physical, mental, or
21 emotional health of a party or that of a minor child, or
22 both, would be seriously endangered by disclosure of the
23 party's address.
24 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
25 90-655, eff. 7-30-98.)
26 Section 95. No acceleration or delay. Where this Act
27 makes changes in a statute that is represented in this Act by
28 text that is not yet or no longer in effect (for example, a
29 Section represented by multiple versions), the use of that
30 text does not accelerate or delay the taking effect of (i)
31 the changes made by this Act or (ii) provisions derived from
32 any other Public Act.