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92_HB5695eng HB5695 Engrossed LRB9214975DJmb 1 AN ACT in relation to children. 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 Sections 10-2, 10-8.1, 10-10, and 10-11 as follows: 6 (305 ILCS 5/10-2) (from Ch. 23, par. 10-2) 7 Sec. 10-2. Extent of Liability. A husband is liable for 8 the support of his wife and a wife for the support of her 9 husband. The parents are severally liable for the support of 10 any child under age 18, and for any child aged 18 who is 11 attending high school, until that child graduates from high 12 school, or attains the age of 19, whichever is earlier21,13except that a parent is not liable for a child age 18 or over14if such child is not living with the parent or parents, and a15parent is not liable for a child of any age if the child has16married and is not living with the parent or parents. A child17shall be considered to be living with the parent or parents18if such child is absent from the parent's or parents' home19only in order to regularly attend a school, college or20university or to receive technical training designed for21preparation for gainful employment. The term "child" includes 22 a child born out of wedlock, or legally adopted child. 23 In addition to the primary obligation of support imposed 24 upon responsible relatives, such relatives, if individually 25 or together in any combination they have sufficient income or 26 other resources to support a needy person, in whole or in 27 part, shall be liable for any financial aid extended under 28 this Code to a person for whose support they are responsible, 29 including amounts expended for funeral and burial costs. 30 (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.) HB5695 Engrossed -2- LRB9214975DJmb 1 (305 ILCS 5/10-8.1) 2 Sec. 10-8.1. Temporary order for child support. 3 Notwithstanding any other law to the contrary, pending the 4 outcome of an administrative determination of parentage, the 5 Illinois Department shall issue a temporary order for child 6 support, upon motion by a party and a showing of clear and 7 convincing evidence of paternity. In determining the amount 8 of the temporary child support award, the Illinois Department 9 shall use the guidelines and standards set forth in 10 subsection (a) of Section 505 and in Section 505.2 of the 11 Illinois Marriage and Dissolution of Marriage Act. 12 Any new or existing support order entered by the Illinois 13 Department under this Section shall be deemed to be a series 14 of 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 judgment to be 17 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. Any such judgment is subject to 22 modification or termination only in accordance with Section 23 510 of the Illinois Marriage and Dissolution of Marriage Act. 24 A lien arises by operation of law against the real and 25 personal property of the noncustodial parent for each 26 installment of overdue support owed by the noncustodial 27 parent. 28 All orders for support entered or modified in a case in 29 which a party is receiving child and spouse support services 30 under this Article X shall include a provision requiring the 31 non-custodial parent to notify the Illinois Department, 32 within 7 days, (i) of the name, address, and telephone number 33 of any new employer of the non-custodial parent, (ii) whether 34 the non-custodial parent has access to health insurance HB5695 Engrossed -3- LRB9214975DJmb 1 coverage through the employer or other group coverage, and, 2 if so, the policy name and number and the names of persons 3 covered under the policy, and (iii) of any new residential or 4 mailing address or telephone number of the non-custodial 5 parent. 6 In any subsequent action to enforce a support order, upon 7 sufficient showing that diligent effort has been made to 8 ascertain the location of the non-custodial parent, service 9 of process or provision of notice necessary in that action 10 may be made at the last known address of the non-custodial 11 parent, in any manner expressly provided by the Code of Civil 12 Procedure or this Act, which service shall be sufficient for 13 purposes of due process. 14 An order for support shall include a date on which the 15 current support obligation terminates. The termination date 16 shall be no earlier than the date on which the child covered 17 by the order will attain the age of 18. However, if the 18 child will not graduate from high school until after 19 attaining the age of 18, then the termination date shall be 20 no earlier than the earlier of the date on which the child's 21 high school graduation will occur or the date on which the 22 child will attain the age of 19majority or is otherwise23emancipated. The order for support shall state that the 24 termination date does not apply to any arrearage that may 25 remain unpaid on that date. Nothing in this paragraph shall 26 be construed to prevent the Illinois Department from 27 modifying the order. 28 (Source: P.A. 90-18, eff. 7-1-97.) 29 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10) 30 Sec. 10-10. Court enforcement; applicability also to 31 persons who are not applicants or recipients. Except where 32 the Illinois Department, by agreement, acts for the local 33 governmental unit, as provided in Section 10-3.1, local HB5695 Engrossed -4- LRB9214975DJmb 1 governmental units shall refer to the State's Attorney or to 2 the proper legal representative of the governmental unit, for 3 judicial enforcement as herein provided, instances of 4 non-support or insufficient support when the dependents are 5 applicants or recipients under Article VI. The Child and 6 Spouse Support Unit established by Section 10-3.1 may 7 institute in behalf of the Illinois Department any actions 8 under this Section for judicial enforcement of the support 9 liability when the dependents are (a) applicants or 10 recipients under Articles III, IV, V or VII; (b) applicants 11 or recipients in a local governmental unit when the Illinois 12 Department, by agreement, acts for the unit; or (c) 13 non-applicants or non-recipients who are receiving support 14 enforcement services under this Article X, as provided in 15 Section 10-1. Where the Child and Spouse Support Unit has 16 exercised its option and discretion not to apply the 17 provisions of Sections 10-3 through 10-8, the failure by the 18 Unit to apply such provisions shall not be a bar to bringing 19 an action under this Section. 20 Action shall be brought in the circuit court to obtain 21 support, or for the recovery of aid granted during the period 22 such support was not provided, or both for the obtainment of 23 support and the recovery of the aid provided. Actions for 24 the recovery of aid may be taken separately or they may be 25 consolidated with actions to obtain support. Such actions 26 may be brought in the name of the person or persons requiring 27 support, or may be brought in the name of the Illinois 28 Department or the local governmental unit, as the case 29 requires, in behalf of such persons. 30 The court may enter such orders for the payment of moneys 31 for the support of the person as may be just and equitable 32 and may direct payment thereof for such period or periods of 33 time as the circumstances require, including support for a 34 period before the date the order for support is entered. The HB5695 Engrossed -5- LRB9214975DJmb 1 order may be entered against any or all of the defendant 2 responsible relatives and may be based upon the proportionate 3 ability of each to contribute to the person's support. 4 The Court shall determine the amount of child support 5 (including child support for a period before the date the 6 order for child support is entered) by using the guidelines 7 and standards set forth in subsection (a) of Section 505 and 8 in Section 505.2 of the Illinois Marriage and Dissolution of 9 Marriage Act. For purposes of determining the amount of child 10 support to be paid for a period before the date the order for 11 child support is entered, there is a rebuttable presumption 12 that the responsible relative's net income for that period 13 was the same as his or her net income at the time the order 14 is entered. 15 If (i) the responsible relative was properly served with 16 a request for discovery of financial information relating to 17 the responsible relative's ability to provide child support, 18 (ii) the responsible relative failed to comply with the 19 request, despite having been ordered to do so by the court, 20 and (iii) the responsible relative is not present at the 21 hearing to determine support despite having received proper 22 notice, then any relevant financial information concerning 23 the responsible relative's ability to provide child support 24 that was obtained pursuant to subpoena and proper notice 25 shall be admitted into evidence without the need to establish 26 any further foundation for its admission. 27 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 HB5695 Engrossed -6- LRB9214975DJmb 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 The Court shall determine the amount of maintenance using 14 the standards set forth in Section 504 of the Illinois 15 Marriage and Dissolution of Marriage Act. 16 Any new or existing support order entered by the court 17 under this Section shall be deemed to be a series of 18 judgments against the person obligated to pay support 19 thereunder, each such judgment to be in the amount of each 20 payment or installment of support and each such judgment to 21 be deemed entered as of the date the corresponding payment or 22 installment becomes due under the terms of the support order. 23 Each such judgment shall have the full force, effect and 24 attributes of any other judgment of this State, including the 25 ability to be enforced. Any such judgment is subject to 26 modification or termination only in accordance with Section 27 510 of the Illinois Marriage and Dissolution of Marriage Act. 28 A lien arises by operation of law against the real and 29 personal property of the noncustodial parent for each 30 installment of overdue support owed by the noncustodial 31 parent. 32 When an order is entered for the support of a minor, the 33 court may provide therein for reasonable visitation of the 34 minor by the person or persons who provided support pursuant HB5695 Engrossed -7- LRB9214975DJmb 1 to the order. Whoever willfully refuses to comply with such 2 visitation order or willfully interferes with its enforcement 3 may be declared in contempt of court and punished therefor. 4 Except where the local governmental unit has entered into 5 an agreement with the Illinois Department for the Child and 6 Spouse Support Unit to act for it, as provided in Section 7 10-3.1, support orders entered by the court in cases 8 involving applicants or recipients under Article VI shall 9 provide that payments thereunder be made directly to the 10 local governmental unit. Orders for the support of all other 11 applicants or recipients shall provide that payments 12 thereunder be made directly to the Illinois Department. In 13 accordance with federal law and regulations, the Illinois 14 Department may continue to collect current maintenance 15 payments or child support payments, or both, after those 16 persons cease to receive public assistance and until 17 termination of services under Article X. The Illinois 18 Department shall pay the net amount collected to those 19 persons after deducting any costs incurred in making the 20 collection or any collection fee from the amount of any 21 recovery made. In both cases the order shall permit the 22 local governmental unit or the Illinois Department, as the 23 case may be, to direct the responsible relative or relatives 24 to make support payments directly to the needy person, or to 25 some person or agency in his behalf, upon removal of the 26 person from the public aid rolls or upon termination of 27 services under Article X. 28 If the notice of support due issued pursuant to Section 29 10-7 directs that support payments be made directly to the 30 needy person, or to some person or agency in his behalf, and 31 the recipient is removed from the public aid rolls, court 32 action may be taken against the responsible relative 33 hereunder if he fails to furnish support in accordance with 34 the terms of such notice. HB5695 Engrossed -8- LRB9214975DJmb 1 Actions may also be brought under this Section in behalf 2 of any person who is in need of support from responsible 3 relatives, as defined in Section 2-11 of Article II who is 4 not an applicant for or recipient of financial aid under this 5 Code. In such instances, the State's Attorney of the county 6 in which such person resides shall bring action against the 7 responsible relatives hereunder. If the Illinois Department, 8 as authorized by Section 10-1, extends the support services 9 provided by this Article to spouses and dependent children 10 who are not applicants or recipients under this Code, the 11 Child and Spouse Support Unit established by Section 10-3.1 12 shall bring action against the responsible relatives 13 hereunder and any support orders entered by the court in such 14 cases shall provide that payments thereunder be made directly 15 to the Illinois Department. 16 Whenever it is determined in a proceeding to establish or 17 enforce a child support or maintenance obligation that the 18 person owing a duty of support is unemployed, the court may 19 order the person to seek employment and report periodically 20 to the court with a diary, listing or other memorandum of his 21 or her efforts in accordance with such order. Additionally, 22 the court may order the unemployed person to report to the 23 Department of Employment Security for job search services or 24 to make application with the local Job Training Partnership 25 Act provider for participation in job search, training or 26 work programs and where the duty of support is owed to a 27 child receiving support services under this Article X, the 28 court may order the unemployed person to report to the 29 Illinois Department for participation in job search, training 30 or work programs established under Section 9-6 and Article 31 IXA of this Code. 32 Whenever it is determined that a person owes past-due 33 support for a child receiving assistance under this Code, the 34 court shall order at the request of the Illinois Department: HB5695 Engrossed -9- LRB9214975DJmb 1 (1) that the person pay the past-due support in 2 accordance with a plan approved by the court; or 3 (2) if the person owing past-due support is 4 unemployed, is subject to such a plan, and is not 5 incapacitated, that the person participate in such job 6 search, training, or work programs established under 7 Section 9-6 and Article IXA of this Code as the court 8 deems appropriate. 9 A determination under this Section shall not be 10 administratively reviewable by the procedures specified in 11 Sections 10-12, and 10-13 to 10-13.10. Any determination 12 under these Sections, if made the basis of court action under 13 this Section, shall not affect the de novo judicial 14 determination required under this Section. 15 A one-time charge of 20% is imposable upon the amount of 16 past-due child support owed on July 1, 1988 which has accrued 17 under a support order entered by the court. The charge shall 18 be imposed in accordance with the provisions of Section 10-21 19 of this Code and shall be enforced by the court upon 20 petition. 21 All orders for support, when entered or modified, shall 22 include a provision requiring the non-custodial parent to 23 notify the court and, in cases in which a party is receiving 24 child and spouse support services under this Article X, the 25 Illinois Department, within 7 days, (i) of the name, address, 26 and telephone number of any new employer of the non-custodial 27 parent, (ii) whether the non-custodial parent has access to 28 health insurance coverage through the employer or other group 29 coverage and, if so, the policy name and number and the names 30 of persons covered under the policy, and (iii) of any new 31 residential or mailing address or telephone number of the 32 non-custodial parent. In any subsequent action to enforce a 33 support order, upon a sufficient showing that a diligent 34 effort has been made to ascertain the location of the HB5695 Engrossed -10- LRB9214975DJmb 1 non-custodial parent, service of process or provision of 2 notice necessary in the case may be made at the last known 3 address of the non-custodial parent in any manner expressly 4 provided by the Code of Civil Procedure or this Code, which 5 service shall be sufficient for purposes of due process. 6 An order for support shall include a date on which the 7 current support obligation terminates. The termination date 8 shall be no earlier than the date on which the child covered 9 by the order will attain the age of 18. However, if the 10 child will not graduate from high school until after 11 attaining the age of 18, then the termination date shall be 12 no earlier than the earlier of the date on which the child's 13 high school graduation will occur or the date on which the 14 child will attain the age of 19majority or is otherwise15emancipated. The order for support shall state that the 16 termination date does not apply to any arrearage that may 17 remain unpaid on that date. Nothing in this paragraph shall 18 be construed to prevent the court from modifying the order. 19 Upon notification in writing or by electronic 20 transmission from the Illinois Department to the clerk of the 21 court that a person who is receiving support payments under 22 this Section is receiving services under the Child Support 23 Enforcement Program established by Title IV-D of the Social 24 Security Act, any support payments subsequently received by 25 the clerk of the court shall be transmitted in accordance 26 with the instructions of the Illinois Department until the 27 Illinois Department gives notice to the clerk of the court to 28 cease the transmittal. After providing the notification 29 authorized under this paragraph, the Illinois Department 30 shall be entitled as a party to notice of any further 31 proceedings in the case. The clerk of the court shall file a 32 copy of the Illinois Department's notification in the court 33 file. The clerk's failure to file a copy of the notification 34 in the court file shall not, however, affect the Illinois HB5695 Engrossed -11- LRB9214975DJmb 1 Department's right to receive notice of further proceedings. 2 Payments under this Section to the Illinois Department 3 pursuant to the Child Support Enforcement Program established 4 by Title IV-D of the Social Security Act shall be paid into 5 the Child Support Enforcement Trust Fund. All payments under 6 this Section to the Illinois Department of Human Services 7 shall be deposited in the DHS Recoveries Trust Fund. 8 Disbursements from these funds shall be as provided in 9 Sections 12-9.1 and 12-10.2 of this Code. Payments received 10 by a local governmental unit shall be deposited in that 11 unit's General Assistance Fund. 12 To the extent the provisions of this Section are 13 inconsistent with the requirements pertaining to the State 14 Disbursement Unit under Sections 10-10.4 and 10-26 of this 15 Code, the requirements pertaining to the State Disbursement 16 Unit shall apply. 17 (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 18 91-357, eff. 7-29-99; 91-767, eff. 6-9-00; 92-16, eff. 19 6-28-01.) 20 (305 ILCS 5/10-11) (from Ch. 23, par. 10-11) 21 Sec. 10-11. Administrative Orders. In lieu of actions 22 for court enforcement of support under Section 10-10, the 23 Child and Spouse Support Unit of the Illinois Department, in 24 accordance with the rules of the Illinois Department, may 25 issue an administrative order requiring the responsible 26 relative to comply with the terms of the determination and 27 notice of support due, determined and issued under Sections 28 10-6 and 10-7. The Unit may also enter an administrative 29 order under subsection (b) of Section 10-7. The 30 administrative order shall be served upon the responsible 31 relative by United States registered or certified mail. In 32 cases in which the responsible relative appeared at the 33 office of the Child and Spouse Support Unit in response to HB5695 Engrossed -12- LRB9214975DJmb 1 the notice of support obligation issued under Section 10-4, 2 however, or in cases of default in which the notice was 3 served on the responsible relative by certified mail, return 4 receipt requested, or by any method provided by law for 5 service of summons, the administrative determination of 6 paternity or administrative support order may be sent to the 7 responsible relative by ordinary mail addressed to the 8 responsible relative's last known address. 9 If a responsible relative or a person receiving child and 10 spouse support services under this Article fails to petition 11 the Illinois Department for release from or modification of 12 the administrative order, as provided in Section 10-12 or 13 Section 10-12.1, the order shall become final and there shall 14 be no further administrative or judicial remedy. Likewise a 15 decision by the Illinois Department as a result of an 16 administrative hearing, as provided in Sections 10-13 to 17 10-13.10, shall become final and enforceable if not 18 judicially reviewed under the Administrative Review Law, as 19 provided in Section 10-14. 20 Any new or existing support order entered by the Illinois 21 Department under this Section shall be deemed to be a series 22 of judgments against the person obligated to pay support 23 thereunder, each such judgment to be in the amount of each 24 payment or installment of support and each such judgment to 25 be deemed entered as of the date the corresponding payment or 26 installment becomes due under the terms of the support order. 27 Each such judgment shall have the full force, effect and 28 attributes of any other judgment of this State, including the 29 ability to be enforced. Any such judgment is subject to 30 modification or termination only in accordance with Section 31 510 of the Illinois Marriage and Dissolution of Marriage Act. 32 A lien arises by operation of law against the real and 33 personal property of the noncustodial parent for each 34 installment of overdue support owed by the noncustodial HB5695 Engrossed -13- LRB9214975DJmb 1 parent. 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 A one-time charge of 20% is imposable upon the amount of 23 past-due child support owed on July 1, 1988, which has 24 accrued under a support order entered by the Illinois 25 Department under this Section. The charge shall be imposed 26 in accordance with the provisions of Section 10-21 and shall 27 be enforced by the court in a suit filed under Section 10-15. 28 An order for support shall include a date on which the 29 support obligation terminates. The termination date shall be 30 no earlier than the date on which the child covered by the 31 order will attain the age of 18. However, if the child will 32 not graduate from high school until after attaining the age 33 of 18, then the termination date shall be no earlier than the 34 earlier of the date that the child's graduation will occur or HB5695 Engrossed -14- LRB9214975DJmb 1 the date on which the child will attain the age of 19. 2 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98; 3 90-655, eff. 7-30-98; 90-790, eff. 8-14-98; 91-212, eff. 4 7-20-99.) 5 Section 10. The Illinois Marriage and Dissolution of 6 Marriage Act is amended by changing Sections 505, 505.2, 510, 7 and 513 as 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 aminor21 child includes the obligation to provide for the reasonable 22 and necessary physical, mental and emotional health needs of 23 the child. For purposes of this Section, the term "child" 24 shall include any child under age 18 and any child under age 25 19 who is still attending high school. 26 (1) The Court shall determine the minimum amount of 27 support by using the following guidelines: 28 Number of Children Percent of Supporting Party's 29 Net Income 30 1 20% 31 2 25% 32 3 32% HB5695 Engrossed -15- LRB9214975DJmb 1 4 40% 2 5 45% 3 6 or more 50% 4 (2) The above guidelines shall be applied in each 5 case unless the court makes a finding that application of 6 the guidelines would be inappropriate, after considering 7 the best interests of the child in light of evidence 8 including but not limited to one or more of the following 9 relevant factors: 10 (a) the financial resources and needs of the 11 child; 12 (b) the financial resources and needs of the 13 custodial parent; 14 (c) the standard of living the child would 15 have enjoyed had the marriage not been dissolved; 16 (d) the physical and emotional condition of 17 the child, and his educational needs; and 18 (e) the financial resources and needs of the 19 non-custodial parent. 20 If the court deviates from the guidelines, the 21 court's finding shall state the amount of support that 22 would have been required under the guidelines, if 23 determinable. The court shall include the reason or 24 reasons for the variance from the guidelines. 25 (3) "Net income" is defined as the total of all 26 income from all sources, minus the following deductions: 27 (a) Federal income tax (properly calculated 28 withholding or estimated payments); 29 (b) State income tax (properly calculated 30 withholding or estimated payments); 31 (c) Social Security (FICA payments); 32 (d) Mandatory retirement contributions 33 required by law or as a condition of employment; 34 (e) Union dues; HB5695 Engrossed -16- LRB9214975DJmb 1 (f) Dependent and individual 2 health/hospitalization insurance premiums; 3 (g) Prior obligations of support or 4 maintenance actually paid pursuant to a court order; 5 (h) Expenditures for repayment of debts that 6 represent reasonable and necessary expenses for the 7 production of income, medical expenditures necessary 8 to preserve life or health, reasonable expenditures 9 for the benefit of the child and the other parent, 10 exclusive of gifts. The court shall reduce net 11 income in determining the minimum amount of support 12 to be ordered only for the period that such payments 13 are due and shall enter an order containing 14 provisions for its self-executing modification upon 15 termination of such payment period. 16 (4) In cases where the court order provides for 17 health/hospitalization insurance coverage pursuant to 18 Section 505.2 of this Act, the premiums for that 19 insurance, or that portion of the premiums for which the 20 supporting party is responsible in the case of insurance 21 provided through an employer's health insurance plan 22 where the employer pays a portion of the premiums, shall 23 be subtracted from net income in determining the minimum 24 amount of support to be ordered. 25 (4.5) In a proceeding for child support following 26 dissolution of the marriage by a court that lacked 27 personal jurisdiction over the absent spouse, and in 28 which the court is requiring payment of support for the 29 period before the date an order for current support is 30 entered, there is a rebuttable presumption that the 31 supporting party's net income for the prior period was 32 the same as his or her net income at the time the order 33 for current support is entered. 34 (5) If the net income cannot be determined because HB5695 Engrossed -17- LRB9214975DJmb 1 of default or any other reason, the court shall order 2 support in an amount considered reasonable in the 3 particular case. The final order in all cases shall 4 state the support level in dollar amounts. However, if 5 the court finds that the child support amount cannot be 6 expressed exclusively as a dollar amount because all or a 7 portion of the payor's net income is uncertain as to 8 source, time of payment, or amount, the court may order a 9 percentage amount of support in addition to a specific 10 dollar amount and enter such other orders as may be 11 necessary to determine and enforce, on a timely basis, 12 the applicable support ordered. 13 (6) If (i) the non-custodial parent was properly 14 served with a request for discovery of financial 15 information relating to the non-custodial parent's 16 ability to provide child support, (ii) the non-custodial 17 parent failed to comply with the request, despite having 18 been ordered to do so by the court, and (iii) the 19 non-custodial parent is not present at the hearing to 20 determine support despite having received proper notice, 21 then any relevant financial information concerning the 22 non-custodial parent's ability to provide child support 23 that was obtained pursuant to subpoena and proper notice 24 shall be admitted into evidence without the need to 25 establish any further foundation for its admission. 26 (a-5) In an action to enforce an order for support based 27 on the respondent's failure to make support payments as 28 required by the order, notice of proceedings to hold the 29 respondent in contempt for that failure may be served on the 30 respondent by personal service or by regular mail addressed 31 to the respondent's last known address. The respondent's last 32 known address may be determined from records of the clerk of 33 the court, from the Federal Case Registry of Child Support 34 Orders, or by any other reasonable means. HB5695 Engrossed -18- LRB9214975DJmb 1 (b) Failure of either parent to comply with an order to 2 pay support shall be punishable as in other cases of 3 contempt. In addition to other penalties provided by law the 4 Court may, after finding the parent guilty of contempt, order 5 that the parent be: 6 (1) placed on probation with such conditions of 7 probation as the Court deems advisable; 8 (2) sentenced to periodic imprisonment for a period 9 not to exceed 6 months; provided, however, that the Court 10 may permit the parent to be released for periods of time 11 during the day or night to: 12 (A) work; or 13 (B) conduct a business or other self-employed 14 occupation. 15 The Court may further order any part or all of the 16 earnings of a parent during a sentence of periodic 17 imprisonment paid to the Clerk of the Circuit Court or to the 18 parent having custody or to the guardian having custody of 19 theminorchildren of the sentenced parent for the support of 20 saidminorchildren until further order of the Court. 21 If there is a unity of interest and ownership sufficient 22 to render no financial separation between a non-custodial 23 parent and another person or persons or business entity, the 24 court may pierce the ownership veil of the person, persons, 25 or business entity to discover assets of the non-custodial 26 parent held in the name of that person, those persons, or 27 that business entity. The following circumstances are 28 sufficient to authorize a court to order discovery of the 29 assets of a person, persons, or business entity and to compel 30 the application of any discovered assets toward payment on 31 the judgment for support: 32 (1) the non-custodial parent and the person, 33 persons, or business entity maintain records together. 34 (2) the non-custodial parent and the person, HB5695 Engrossed -19- LRB9214975DJmb 1 persons, or business entity fail to maintain an arms 2 length relationship between themselves with regard to any 3 assets. 4 (3) the non-custodial parent transfers assets to 5 the person, persons, or business entity with the intent 6 to perpetrate a fraud on the custodial parent. 7 With respect to assets which are real property, no order 8 entered under this paragraph shall affect the rights of bona 9 fide purchasers, mortgagees, judgment creditors, or other 10 lien holders who acquire their interests in the property 11 prior to the time a notice of lis pendens pursuant to the 12 Code of Civil Procedure or a copy of the order is placed of 13 record in the office of the recorder of deeds for the county 14 in which the real property is located. 15 The court may also order in cases where the parent is 90 16 days or more delinquent in payment of support or has been 17 adjudicated in arrears in an amount equal to 90 days 18 obligation or more, that the parent's Illinois driving 19 privileges be suspended until the court determines that the 20 parent is in compliance with the order of support. The court 21 may also order that the parent be issued a family financial 22 responsibility driving permit that would allow limited 23 driving privileges for employment and medical purposes in 24 accordance with Section 7-702.1 of the Illinois Vehicle Code. 25 The clerk of the circuit court shall certify the order 26 suspending the driving privileges of the parent or granting 27 the issuance of a family financial responsibility driving 28 permit to the Secretary of State on forms prescribed by the 29 Secretary. Upon receipt of the authenticated documents, the 30 Secretary of State shall suspend the parent's driving 31 privileges until further order of the court and shall, if 32 ordered by the court, subject to the provisions of Section 33 7-702.1 of the Illinois Vehicle Code, issue a family 34 financial responsibility driving permit to the parent. HB5695 Engrossed -20- LRB9214975DJmb 1 In addition to the penalties or punishment that may be 2 imposed under this Section, any person whose conduct 3 constitutes a violation of Section 15 of the Non-Support 4 Punishment Act may be prosecuted under that Act, and a person 5 convicted under that Act may be sentenced in accordance with 6 that Act. The sentence may include but need not be limited 7 to a requirement that the person perform community service 8 under Section 50 of that Act or participate in a work 9 alternative program under Section 50 of that Act. A person 10 may not be required to participate in a work alternative 11 program under Section 50 of that Act if the person is 12 currently participating in a work program pursuant to Section 13 505.1 of this Act. 14 A support obligation, or any portion of a support 15 obligation, which becomes due and remains unpaid for 30 days 16 or more shall accrue simple interest at the rate of 9% per 17 annum. An order for support entered or modified on or after 18 January 1, 2002 shall contain a statement that a support 19 obligation required under the order, or any portion of a 20 support obligation required under the order, that becomes due 21 and remains unpaid for 30 days or more shall accrue simple 22 interest at the rate of 9% per annum. Failure to include the 23 statement in the order for support does not affect the 24 validity of the order or the accrual of interest as provided 25 in this Section. 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 HB5695 Engrossed -21- LRB9214975DJmb 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 HB5695 Engrossed -22- LRB9214975DJmb 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 18. However, if 9 the child will not graduate from high school until after 10 attaining the age of 18, then the termination date shall be 11 no earlier than the earlier of the date on which the child's 12 high school graduation will occur or the date on which the 13 child will attain the age of 19majority or is otherwise14emancipated. The order for support shall state that the 15 termination date does not apply to any arrearage that may 16 remain unpaid on that date. Nothing in this subsection shall 17 be construed to prevent the court from modifying the order. 18 (h) An order entered under this Section shall include a 19 provision requiring the obligor to report to the obligee and 20 to the clerk of court within 10 days each time the obligor 21 obtains new employment, and each time the obligor's 22 employment is terminated for any reason. The report shall be 23 in writing and shall, in the case of new employment, include 24 the name and address of the new employer. Failure to report 25 new employment or the termination of current employment, if 26 coupled with nonpayment of support for a period in excess of 27 60 days, is indirect criminal contempt. For any obligor 28 arrested for failure to report new employment bond shall be 29 set in the amount of the child support that should have been 30 paid during the period of unreported employment. An order 31 entered under this Section shall also include a provision 32 requiring the obligor and obligee parents to advise each 33 other of a change in residence within 5 days of the change 34 except when the court finds that the physical, mental, or HB5695 Engrossed -23- LRB9214975DJmb 1 emotional health of a party or that of aminorchild, or 2 both, would be seriously endangered by disclosure of the 3 party's address. 4 (i) The court does not lose the powers of contempt, 5 driver's license suspension, or other child support 6 enforcement mechanisms, including, but not limited to, 7 criminal prosecution as set forth in this Act, upon the 8 emancipation of the minor child or children. 9 (Source: P.A. 91-113, eff. 7-15-99; 91-397, eff. 1-1-00; 10 91-655, eff. 6-1-00; 91-767, eff. 6-9-00; 92-16, eff. 11 6-28-01; 92-203, eff. 8-1-01; 92-374, eff. 8-15-01; revised 12 10-15-01.) 13 (750 ILCS 5/505.2) (from Ch. 40, par. 505.2) 14 Sec. 505.2. Health insurance. 15 (a) Definitions. As used in this Section: 16 (1) "Obligee" means the individual to whom the duty 17 of support is owed or the individual's legal 18 representative. 19 (2) "Obligor" means the individual who owes a duty 20 of support pursuant to an order for support. 21 (3) "Public office" means any elected official or 22 any State or local agency which is or may become 23 responsible by law for enforcement of, or which is or may 24 become authorized to enforce, an order for support, 25 including, but not limited to: the Attorney General, the 26 Illinois Department of Public Aid, the Illinois 27 Department of Human Services, the Illinois Department of 28 Children and Family Services, and the various State's 29 Attorneys, Clerks of the Circuit Court and supervisors of 30 general assistance. 31 (4) "Child" shall have the meaning ascribed to it 32 in Section 505. 33 (b) Order. HB5695 Engrossed -24- LRB9214975DJmb 1 (1) Whenever the court establishes, modifies or 2 enforces an order for child support or for child support 3 and maintenance the court shall include in the order a 4 provision for the health care coverage of the child which 5 shall, upon request of the obligee or Public Office, 6 require that any child covered by the order be named as a 7 beneficiary of any health insurance plan that is 8 available to the obligor through an employer or labor 9 union or trade union. If the court finds that such a 10 plan is not available to the obligor, or that the plan is 11 not accessible to the obligee, the court may, upon 12 request of the obligee or Public Office, order the 13 obligor to name the child covered by the order as a 14 beneficiary of any health insurance plan that is 15 available to the obligor on a group basis, or as a 16 beneficiary of an independent health insurance plan to be 17 obtained by the obligor, after considering the following 18 factors: 19 (A) the medical needs of the child; 20 (B) the availability of a plan to meet those 21 needs; and 22 (C) the cost of such a plan to the obligor. 23 (2) If the employer or labor union or trade union 24 offers more than one plan, the order shall require the 25 obligor to name the child as a beneficiary of the plan in 26 which the obligor is enrolled. 27 (3) Nothing in this Section shall be construed to 28 limit the authority of the court to establish or modify a 29 support order to provide for payment of expenses, 30 including deductibles, copayments and any other health 31 expenses, which are in addition to expenses covered by an 32 insurance plan of which a child is ordered to be named a 33 beneficiary pursuant to this Section. 34 (c) Implementation and enforcement. HB5695 Engrossed -25- LRB9214975DJmb 1 (1) When the court order requires that aminor2 child be named as a beneficiary of a health insurance 3 plan, other than a health insurance plan available 4 through an employer or labor union or trade union, the 5 obligor shall provide written proof to the obligee or 6 Public Office that the required insurance has been 7 obtained, or that application for insurability has been 8 made, within 30 days of receiving notice of the court 9 order. Unless the obligor was present in court when the 10 order was issued, notice of the order shall be given 11 pursuant to Illinois Supreme Court Rules. If an obligor 12 fails to provide the required proof, he may be held in 13 contempt of court. 14 (2) When the court requires that aminorchild be 15 named as a beneficiary of a health insurance plan 16 available through an employer or labor union or trade 17 union, the court's order shall be implemented in 18 accordance with the Income Withholding for Support Act. 19 (d) Failure to maintain insurance. The dollar amount of 20 the premiums for court-ordered health insurance, or that 21 portion of the premiums for which the obligor is responsible 22 in the case of insurance provided under a group health 23 insurance plan through an employer or labor union or trade 24 union where the employer or labor union or trade union pays a 25 portion of the premiums, shall be considered an additional 26 child support obligation owed by the obligor. Whenever the 27 obligor fails to provide or maintain health insurance 28 pursuant to an order for support, the obligor shall be liable 29 to the obligee for the dollar amount of the premiums which 30 were not paid, and shall also be liable for all medical 31 expenses incurred by theminorchild which would have been 32 paid or reimbursed by the health insurance which the obligor 33 was ordered to provide or maintain. In addition, the obligee 34 may petition the court to modify the order based solely on HB5695 Engrossed -26- LRB9214975DJmb 1 the obligor's failure to pay the premiums for court-ordered 2 health insurance. 3 (e) Authorization for payment. The signature of the 4 obligee is a valid authorization to the insurer to process a 5 claim for payment under the insurance plan to the provider of 6 the health care services or to the obligee. 7 (f) Disclosure of information. The obligor's employer 8 or labor union or trade union shall disclose to the obligee 9 or Public Office, upon request, information concerning any 10 dependent coverage plans which would be made available to a 11 new employee or labor union member or trade union member. 12 The employer or labor union or trade union shall disclose 13 such information whether or not a court order for medical 14 support has been entered. 15 (g) Employer obligations. If a parent is required by an 16 order for support to provide coverage for a child's health 17 care expenses and if that coverage is available to the parent 18 through an employer who does business in this State, the 19 employer must do all of the following upon receipt of a copy 20 of the order of support or order for withholding: 21 (1) The employer shall, upon the parent's request, 22 permit the parent to include in that coverage a child who 23 is otherwise eligible for that coverage, without regard 24 to any enrollment season restrictions that might 25 otherwise be applicable as to the time period within 26 which the child may be added to that coverage. 27 (2) If the parent has health care coverage through 28 the employer but fails to apply for coverage of the 29 child, the employer shall include the child in the 30 parent's coverage upon application by the child's other 31 parent or the Illinois Department of Public Aid. 32 (3) The employer may not eliminate any child from 33 the parent's health care coverage unless the employee is 34 no longer employed by the employer and no longer covered HB5695 Engrossed -27- LRB9214975DJmb 1 under the employer's group health plan or unless the 2 employer is provided with satisfactory written evidence 3 of either of the following: 4 (A) The order for support is no longer in 5 effect. 6 (B) The child is or will be included in a 7 comparable health care plan obtained by the parent 8 under such order that is currently in effect or will 9 take effect no later than the date the prior 10 coverage is terminated. 11 The employer may eliminate a child from a parent's 12 health care plan obtained by the parent under such order 13 if the employer has eliminated dependent health care 14 coverage for all of its employees. 15 (Source: P.A. 92-16, eff. 6-28-01) 16 (750 ILCS 5/510) (from Ch. 40, par. 510) 17 Sec. 510. Modification and termination of provisions for 18 maintenance, support, educational expenses, and property 19 disposition. 20 (a) Except as otherwise provided in paragraph (f) of 21 Section 502 and in subsection (b)(d), clause (3) of Section 22 505.2, the provisions of any judgment respecting maintenance 23 or support may be modified only as to installments accruing 24 subsequent to due notice by the moving party of the filing of 25 the motion for modification and, with respect to maintenance, 26 only upon a showing of a substantial change in circumstances. 27 An order for child support may be modified as follows: 28 (1) upon a showing of a substantial change in 29 circumstances; and 30 (2) without the necessity of showing a substantial 31 change in circumstances, as follows: 32 (A) upon a showing of an inconsistency of at 33 least 20%, but no less than $10 per month, between HB5695 Engrossed -28- LRB9214975DJmb 1 the amount of the existing order and the amount of 2 child support that results from application of the 3 guidelines specified in Section 505 of this Act 4 unless the inconsistency is due to the fact that the 5 amount of the existing order resulted from a 6 deviation from the guideline amount and there has 7 not been a change in the circumstances that resulted 8 in that deviation; or 9 (B) Upon a showing of a need to provide for 10 the health care needs of the child under the order 11 through health insurance or other means. In no 12 event shall the eligibility for or receipt of 13 medical assistance be considered to meet the need to 14 provide for the child's health care needs. 15 The provisions of subparagraph (a)(2)(A) shall apply only 16 in cases in which a party is receiving child and spouse 17 support services from the Illinois Department of Public Aid 18 under Article X of the Illinois Public Aid Code, and only 19 when at least 36 months have elapsed since the order for 20 child support was entered or last modified. 21 (b) The provisions as to property disposition may not be 22 revoked or modified, unless the court finds the existence of 23 conditions that justify the reopening of a judgment under the 24 laws of this State. 25 (c) Unless otherwise agreed by the parties in a written 26 agreement set forth in the judgment or otherwise approved by 27 the court, the obligation to pay future maintenance is 28 terminated upon the death of either party, or the remarriage 29 of the party receiving maintenance, or if the party receiving 30 maintenance cohabits with another person on a resident, 31 continuing conjugal basis. 32 (d) Unless otherwise provided in this Act, or as agreed 33 in writing or expressly provided in the judgment, provisions 34 for the support of a child are terminated by emancipation of HB5695 Engrossed -29- LRB9214975DJmb 1 the child, or if the child has attained the age of 18 and is 2 still attending high school, provisions for the support of 3 the child are terminated upon the date that the child 4 graduates from high school or the date the child attains the 5 age of 19, whichever is earlier, but not by the death of a 6 parent obligated to support or educate the child.Unless7otherwise agreed in writing or expressly provided in a8judgment, provisions for the support of a child are9terminated by emancipation of the child, except as otherwise10provided herein, but not by the death of a parent obligated11to support or educate the child.An existing obligation to 12 pay for support or educational expenses, or both, is not 13 terminated by the death of a parent. When a parent obligated 14 to pay support or educational expenses, or both, dies, the 15 amount of support or educational expenses, or both, may be 16 enforced, modified, revoked or commuted to a lump sum 17 payment, as equity may require, and that determination may be 18 provided for at the time of the dissolution of the marriage 19 or thereafter. 20 (e) The right to petition for support or educational 21 expenses, or both, under Sections 505 and 513 is not 22 extinguished by the death of a parent. Upon a petition filed 23 before or after a parent's death, the court may award sums of 24 money out of the decedent's estate for the child's support or 25 educational expenses, or both, as equity may require. The 26 time within which a claim may be filed against the estate of 27 a decedent under Sections 505 and 513 and subsection (d) and 28 this subsection shall be governed by the provisions of the 29 Probate Act of 1975, as a barrable, noncontingent claim. 30 (f) A petition to modify or terminate child support, 31 custody, or visitation shall not delay any child support 32 enforcement litigation or supplementary proceeding on behalf 33 of the obligee, including, but not limited to, a petition for 34 a rule to show cause, for non-wage garnishment, or for a HB5695 Engrossed -30- LRB9214975DJmb 1 restraining order. 2 (Source: P.A. 92-289, eff. 8-9-01; revised 12-07-01.) 3 (750 ILCS 5/513) (from Ch. 40, par. 513) 4 Sec. 513. Support for Non-minor Children and Educational 5 Expenses. 6 (a) The court may award sums of money out of the 7 property and income of either or both parties or the estate 8 of a deceased parent, as equity may require, for the support 9 of the child or children of the parties who have attained 10 majority in the following instances: 11 (1) When the child is mentally or physically 12 disabled and not otherwise emancipated, an application 13 for support may be made before or after the child has 14 attained majority. 15 (2) The court may also make provision for the 16 educational expenses of the child or children of the 17 parties, whether of minor or majority age, and an 18 application for educational expenses may be made before 19 or after the child has attained majority, or after the 20 death of either parent. The authority under this Section 21 to make provision for educational expenses extends not 22 only to periods of college education or professional or 23 other training after graduation from high school, but 24 also to any period during which the child of the parties 25 is still attending high school, even though he or she 26 attained the age of 1918. The educational expenses may 27 include, but shall not be limited to, room, board, dues, 28 tuition, transportation, books, fees, registration and 29 application costs, medical expenses including medical 30 insurance, dental expenses, and living expenses during 31 the school year and periods of recess, which sums may be 32 ordered payable to the child, to either parent, or to the 33 educational institution, directly or through a special HB5695 Engrossed -31- LRB9214975DJmb 1 account or trust created for that purpose, as the court 2 sees fit. 3 If educational expenses are ordered payable, each 4 parent and the child shall sign any consents necessary 5 for the educational institution to provide the supporting 6 parent with access to the child's academic transcripts, 7 records, and grade reports. The consents shall not apply 8 to any non-academic records. Failure to execute the 9 required consent may be a basis for a modification or 10 termination of any order entered under this Section. 11 The authority under this Section to make provision 12 for educational expenses, except where the child is 13 mentally or physically disabled and not otherwise 14 emancipated, terminates when the child receives a 15 baccalaureate degree. 16 (b) In making awards under paragraph (1) or (2) of 17 subsection (a), or pursuant to a petition or motion to 18 decrease, modify, or terminate any such award, the court 19 shall consider all relevant factors that appear reasonable 20 and necessary, including: 21 (1) The financial resources of both parents. 22 (2) The standard of living the child would have 23 enjoyed had the marriage not been dissolved. 24 (3) The financial resources of the child. 25 (4) The child's academic performance. 26 (Source: P.A. 91-204, eff. 1-1-00.) 27 Section 15. The Non-Support Punishment Act is amended by 28 changing Sections 15 and 20 as follows: 29 (750 ILCS 16/15) 30 Sec. 15. Failure to support. 31 (a) A person commits the offense of failure to support 32 when he or she: HB5695 Engrossed -32- LRB9214975DJmb 1 (1) willfully, without any lawful excuse, refuses 2 to provide for the support or maintenance of his or her 3 spouse, with the knowledge that the spouse is in need of 4 such support or maintenance, or, without lawful excuse, 5 deserts or willfully refuses to provide for the support 6 or maintenance of his or her child or childrenunder the7age of 18 years,in need of support or maintenance and 8 the person has the ability to provide the support; or 9 (2) willfully fails to pay a support obligation 10 required under a court or administrative order for 11 support, if the obligation has remained unpaid for a 12 period longer than 6 months, or is in arrears in an 13 amount greater than $5,000, and the person has the 14 ability to provide the support; or 15 (3) leaves the State with the intent to evade a 16 support obligation required under a court or 17 administrative order for support, if the obligation, 18 regardless of when it accrued, has remained unpaid for a 19 period longer than 6 months, or is in arrears in an 20 amount greater than $10,000; or 21 (4) willfully fails to pay a support obligation 22 required under a court or administrative order for 23 support, if the obligation has remained unpaid for a 24 period longer than one year, or is in arrears in an 25 amount greater than $20,000, and the person has the 26 ability to provide the support. 27 (a-5) Presumption of ability to pay support. The 28 existence of a court or administrative order of support that 29 was not based on a default judgment and was in effect for the 30 time period charged in the indictment or information creates 31 a rebuttable presumption that the obligor has the ability to 32 pay the support obligation for that time period. 33 (b) Sentence. A person convicted of a first offense 34 under subdivision (a)(1) or (a)(2) is guilty of a Class A HB5695 Engrossed -33- LRB9214975DJmb 1 misdemeanor. A person convicted of an offense under 2 subdivision (a)(3) or (a)(4) or a second or subsequent 3 offense under subdivision (a)(1) or (a)(2) is guilty of a 4 Class 4 felony. 5 (c) Expungement. A person convicted of a first offense 6 under subdivision (a)(1) or (a)(2) who is eligible for the 7 Earnfare program, shall, in lieu of the sentence prescribed 8 in subsection (b), be referred to the Earnfare program. Upon 9 certification of completion of the Earnfare program, the 10 conviction shall be expunged. If the person fails to 11 successfully complete the Earnfare program, he or she shall 12 be sentenced in accordance with subsection (b). 13 (d) Fine. Sentences of imprisonment and fines for 14 offenses committed under this Act shall be as provided under 15 Articles 8 and 9 of Chapter V of the Unified Code of 16 Corrections, except that the court shall order restitution of 17 all unpaid support payments and may impose the following 18 fines, alone, or in addition to a sentence of imprisonment 19 under the following circumstances: 20 (1) from $1,000 to $5,000 if the support obligation 21 has remained unpaid for a period longer than 2 years, or 22 is in arrears in an amount greater than $1,000 and not 23 exceeding $10,000; 24 (2) from $5,000 to $10,000 if the support obligation 25 has remained unpaid for a period longer than 5 years, or 26 is in arrears in an amount greater than $10,000 and not 27 exceeding $20,000; or 28 (3) from $10,000 to $25,000 if the support 29 obligation has remained unpaid for a period longer than 8 30 years, or is in arrears in an amount greater than 31 $20,000. 32 (e) Restitution shall be ordered in an amount equal to 33 the total unpaid support obligation as it existed at the time 34 of sentencing. Any amounts paid by the obligor shall be HB5695 Engrossed -34- LRB9214975DJmb 1 allocated first to current support and then to restitution 2 ordered and then to fines imposed under this Section. 3 (f) For purposes of this Act, the term "child" shall 4 have the meaning ascribed to it in Section 505 of the 5 Illinois Marriage and Dissolution of Marriage Act. 6 (Source: P.A. 91-613, eff. 10-1-99.) 7 (750 ILCS 16/20) 8 Sec. 20. Entry of order for support; income withholding. 9 (a) In a case in which no court or administrative order 10 for support is in effect against the defendant: 11 (1) at any time before the trial, upon motion of 12 the State's Attorney, or of the Attorney General if the 13 action has been instituted by his office, and upon notice 14 to the defendant, or at the time of arraignment or as a 15 condition of postponement of arraignment, the court may 16 enter such temporary order for support as may seem just, 17 providing for the support or maintenance of the spouse or 18 child or children of the defendant, or both, pendente 19 lite; or 20 (2) before trial with the consent of the defendant, 21 or at the trial on entry of a plea of guilty, or after 22 conviction, instead of imposing the penalty provided in 23 this Act, or in addition thereto, the court may enter an 24 order for support, subject to modification by the court 25 from time to time as circumstances may require, directing 26 the defendant to pay a certain sum for maintenance of the 27 spouse, or for support of the child or children, or both. 28 (b) The court shall determine the amount of child 29 support by using the guidelines and standards set forth in 30 subsection (a) of Section 505 and in Section 505.2 of the 31 Illinois Marriage and Dissolution of Marriage Act. 32 If (i) the non-custodial parent was properly served with 33 a request for discovery of financial information relating to HB5695 Engrossed -35- LRB9214975DJmb 1 the non-custodial parent's ability to provide child support, 2 (ii) the non-custodial parent failed to comply with the 3 request, despite having been ordered to do so by the court, 4 and (iii) the non-custodial parent is not present at the 5 hearing to determine support despite having received proper 6 notice, then any relevant financial information concerning 7 the non-custodial parent's ability to provide support that 8 was obtained pursuant to subpoena and proper notice shall be 9 admitted into evidence without the need to establish any 10 further foundation for its admission. 11 (c) The court shall determine the amount of maintenance 12 using the standards set forth in Section 504 of the Illinois 13 Marriage and Dissolution of Marriage Act. 14 (d) The court may, for violation of any order under this 15 Section, punish the offender as for a contempt of court, but 16 no pendente lite order shall remain in effect longer than 4 17 months, or after the discharge of any panel of jurors 18 summoned for service thereafter in such court, whichever is 19 sooner. 20 (e) Any order for support entered by the court under 21 this Section shall be deemed to be a series of judgments 22 against the person obligated to pay support under the 23 judgments, each such judgment to be in the amount of each 24 payment or installment of support and each judgment to be 25 deemed entered as of the date the corresponding payment or 26 installment becomes due under the terms of the support order. 27 Each judgment shall have the full force, effect, and 28 attributes of any other judgment of this State, including the 29 ability to be enforced. Each judgment is subject to 30 modification or termination only in accordance with Section 31 510 of the Illinois Marriage and Dissolution of Marriage Act. 32 A lien arises by operation of law against the real and 33 personal property of the noncustodial parent for each 34 installment of overdue support owed by the noncustodial HB5695 Engrossed -36- LRB9214975DJmb 1 parent. 2 (f) An order for support entered under this Section 3 shall include a provision requiring the obligor to report to 4 the obligee and to the clerk of the court within 10 days each 5 time the obligor obtains new employment, and each time the 6 obligor's employment is terminated for any reason. The 7 report shall be in writing and shall, in the case of new 8 employment, include the name and address of the new employer. 9 Failure to report new employment or the termination of 10 current employment, if coupled with nonpayment of support for 11 a period in excess of 60 days, is indirect criminal contempt. 12 For any obligor arrested for failure to report new 13 employment, bond shall be set in the amount of the child 14 support that should have been paid during the period of 15 unreported employment. 16 An order for support entered under this Section shall 17 also include a provision requiring the obligor and obligee 18 parents to advise each other of a change in residence within 19 5 days of the change except when the court finds that the 20 physical, mental, or emotional health of a party or of a 21 minor child, or both, would be seriously endangered by 22 disclosure of the party's address. 23 (g) An order for support entered or modified in a case 24 in which a party is receiving child and spouse support 25 services under Article X of the Illinois Public Aid Code 26 shall include a provision requiring the noncustodial parent 27 to notify the Illinois Department of Public Aid, within 7 28 days, of the name and address of any new employer of the 29 noncustodial parent, whether the noncustodial parent has 30 access to health insurance coverage through the employer or 31 other group coverage and, if so, the policy name and number 32 and the names of persons covered under the policy. 33 (h) In any subsequent action to enforce an order for 34 support entered under this Act, upon sufficient showing that HB5695 Engrossed -37- LRB9214975DJmb 1 diligent effort has been made to ascertain the location of 2 the noncustodial parent, service of process or provision of 3 notice necessary in that action may be made at the last known 4 address of the noncustodial parent, in any manner expressly 5 provided by the Code of Civil Procedure or in this Act, which 6 service shall be sufficient for purposes of due process. 7 (i) An order for support shall include a date on which 8 the current support obligation terminates. The termination 9 date shall be no earlier than the date on which the child 10 covered by the order will attain the age of 18. However, if 11 the child will not graduate from high school until after 12 attaining the age of 18, then the termination date shall be 13 no earlier than the earlier of the date on which the child's 14 high school graduation will occur or the date on which the 15 child will attain the age of 19majority or is otherwise16emancipated. The order for support shall state that the 17 termination date does not apply to any arrearage that may 18 remain unpaid on that date. Nothing in this subsection shall 19 be construed to prevent the court from modifying the order. 20 (j) 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 simple interest at the rate of 9% per 23 annum. An order for support entered or modified on or after 24 January 1, 2002 shall contain a statement that a support 25 obligation required under the order, or any portion of a 26 support obligation required under the order, that becomes due 27 and remains unpaid for 30 days or more shall accrue simple 28 interest at the rate of 9% per annum. Failure to include the 29 statement in the order for support does not affect the 30 validity of the order or the accrual of interest as provided 31 in this Section. 32 (Source: P.A. 91-613, eff. 10-1-99; 91-767, eff. 6-9-00; 33 92-374, eff. 8-15-01.) HB5695 Engrossed -38- LRB9214975DJmb 1 Section 20. The Illinois Parentage Act of 1984 is 2 amended by changing Section 14 as follows: 3 (750 ILCS 45/14) (from Ch. 40, par. 2514) 4 Sec. 14. Judgment. 5 (a) (1) The judgment shall contain or explicitly reserve 6 provisions concerning any duty and amount of child support 7 and may contain provisions concerning the custody and 8 guardianship of the child, visitation privileges with the 9 child, the furnishing of bond or other security for the 10 payment of the judgment, which the court shall determine in 11 accordance with the relevant factors set forth in the 12 Illinois Marriage and Dissolution of Marriage Act and any 13 other applicable law of Illinois, to guide the court in a 14 finding in the best interests of the child. In determining 15 custody, joint custody, or visitation, the court shall apply 16 the relevant standards of the Illinois Marriage and 17 Dissolution of Marriage Act. Specifically, in determining the 18 amount of any child support award, the court shall use the 19 guidelines and standards set forth in subsection (a) of 20 Section 505 and in Section 505.2 of the Illinois Marriage and 21 Dissolution of Marriage Act. For purposes of Section 505 of 22 the Illinois Marriage and Dissolution of Marriage Act, "net 23 income" of the non-custodial parent shall include any 24 benefits available to that person under the Illinois Public 25 Aid Code or from other federal, State or local 26 government-funded programs. The court shall, in any event 27 and regardless of the amount of the non-custodial parent's 28 net income, in its judgment order the non-custodial parent to 29 pay child support to the custodial parent in a minimum amount 30 of not less than $10 per month. In an action brought within 2 31 years after a child's birth, the judgment or order may direct 32 either parent to pay the reasonable expenses incurred by 33 either parent related to the mother's pregnancy and the HB5695 Engrossed -39- LRB9214975DJmb 1 delivery of the child. The judgment or order shall contain 2 the father's social security number, which the father shall 3 disclose to the court; however, failure to include the 4 father's social security number on the judgment or order does 5 not invalidate the judgment or order. 6 (2) If a judgment of parentage contains no explicit 7 award of custody, the establishment of a support obligation 8 or of visitation rights in one parent shall be considered a 9 judgment granting custody to the other parent. If the 10 parentage judgment contains no such provisions, custody shall 11 be presumed to be with the mother; however, the presumption 12 shall not apply if the father has had physical custody for at 13 least 6 months prior to the date that the mother seeks to 14 enforce custodial rights. 15 (b) The court shall order all child support payments, 16 determined in accordance with such guidelines, to commence 17 with the date summons is served. The level of current 18 periodic support payments shall not be reduced because of 19 payments set for the period prior to the date of entry of the 20 support order. The Court may order any child support 21 payments to be made for a period prior to the commencement of 22 the action. In determining whether and the extent to which 23 the payments shall be made for any prior period, the court 24 shall consider all relevant facts, including the factors for 25 determining the amount of support specified in the Illinois 26 Marriage and Dissolution of Marriage Act and other equitable 27 factors including but not limited to: 28 (1) The father's prior knowledge of the fact and 29 circumstances of the child's birth. 30 (2) The father's prior willingness or refusal to 31 help raise or support the child. 32 (3) The extent to which the mother or the public 33 agency bringing the action previously informed the father 34 of the child's needs or attempted to seek or require his HB5695 Engrossed -40- LRB9214975DJmb 1 help in raising or supporting the child. 2 (4) The reasons the mother or the public agency did 3 not file the action earlier. 4 (5) The extent to which the father would be 5 prejudiced by the delay in bringing the action. 6 For purposes of determining the amount of child support 7 to be paid for any period before the date the order for 8 current child support is entered, there is a rebuttable 9 presumption that the father's net income for the prior period 10 was the same as his net income at the time the order for 11 current child support is entered. 12 If (i) the non-custodial parent was properly served with 13 a request for discovery of financial information relating to 14 the non-custodial parent's ability to provide child support, 15 (ii) the non-custodial parent failed to comply with the 16 request, despite having been ordered to do so by the court, 17 and (iii) the non-custodial parent is not present at the 18 hearing to determine support despite having received proper 19 notice, then any relevant financial information concerning 20 the non-custodial parent's ability to provide child support 21 that was obtained pursuant to subpoena and proper notice 22 shall be admitted into evidence without the need to establish 23 any further foundation for its admission. 24 (c) 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 judgment to be in the amount of each payment 28 or installment of support and each such judgment to be deemed 29 entered as of the date the corresponding payment or 30 installment becomes due under the terms of the support order. 31 Each 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 HB5695 Engrossed -41- LRB9214975DJmb 1 parent for each installment of overdue support owed by the 2 noncustodial parent. 3 (d) If the judgment or order of the court is at variance 4 with the child's birth certificate, the court shall order 5 that a new birth certificate be issued under the Vital 6 Records Act. 7 (e) On request of the mother and the father, the court 8 shall order a change in the child's name. After hearing 9 evidence the court may stay payment of support during the 10 period of the father's minority or period of disability. 11 (f) If, upon a showing of proper service, the father 12 fails to appear in court, or otherwise appear as provided by 13 law, the court may proceed to hear the cause upon testimony 14 of the mother or other parties taken in open court and shall 15 enter a judgment by default. The court may reserve any order 16 as to the amount of child support until the father has 17 received notice, by regular mail, of a hearing on the matter. 18 (g) 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 (h) All orders for support, when entered or modified, 25 shall include a provision requiring the non-custodial parent 26 to notify the court and, in cases in which party is receiving 27 child and spouse support services under Article X of the 28 Illinois Public Aid Code, the Illinois Department of Public 29 Aid, within 7 days, (i) of the name and address of any new 30 employer of the non-custodial parent, (ii) whether the 31 non-custodial parent has access to health insurance coverage 32 through the employer or other group coverage and, if so, the 33 policy name and number and the names of persons covered under 34 the policy, and (iii) of any new residential or mailing HB5695 Engrossed -42- LRB9214975DJmb 1 address or telephone number of the non-custodial parent. In 2 any subsequent action to enforce a support order, upon a 3 sufficient showing that a diligent effort has been made to 4 ascertain the location of the non-custodial parent, service 5 of process or provision of notice necessary in the case may 6 be made at the last known address of the non-custodial parent 7 in any manner expressly provided by the Code of Civil 8 Procedure or this Act, which service shall be sufficient for 9 purposes of due process. 10 (i) 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 18. However, if 14 the child will not graduate from high school until after 15 attaining the age of 18, then the termination date shall be 16 no earlier than the earlier of the date on which the child's 17 high school graduation will occur or the date on which the 18 child will attain the age of 19majority or is otherwise19emancipated. 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 subsection shall 22 be construed to prevent the court from modifying the order. 23 (j) An order entered under this Section shall include a 24 provision requiring the obligor to report to the obligee and 25 to the clerk of court within 10 days each time the obligor 26 obtains new employment, and each time the obligor's 27 employment is terminated for any reason. The report shall be 28 in writing and shall, in the case of new employment, include 29 the name and address of the new employer. Failure to report 30 new employment or the termination of current employment, if 31 coupled with nonpayment of support for a period in excess of 32 60 days, is indirect criminal contempt. For any obligor 33 arrested for failure to report new employment bond shall be 34 set in the amount of the child support that should have been HB5695 Engrossed -43- LRB9214975DJmb 1 paid during the period of unreported employment. An order 2 entered under this Section shall also include a provision 3 requiring the obligor and obligee parents to advise each 4 other of a change in residence within 5 days of the change 5 except when the court finds that the physical, mental, or 6 emotional health of a party or that of a minor child, or 7 both, would be seriously endangered by disclosure of the 8 party's address. 9 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98; 10 90-655, eff. 7-30-98; 91-767, eff. 6-9-00.)