State of Illinois
92nd General Assembly

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 1        AN ACT concerning family law.

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

 4        Section  5.  The  Illinois  Marriage  and  Dissolution of
 5    Marriage Act is amended by changing Section 505 as follows:

 6        (750 ILCS 5/505) (from Ch. 40, par. 505)
 7        Sec. 505.  Child support; contempt; penalties.
 8        (a)  In a proceeding for dissolution of  marriage,  legal
 9    separation,   declaration   of   invalidity  of  marriage,  a
10    proceeding for child support  following  dissolution  of  the
11    marriage  by  a court which lacked personal jurisdiction over
12    the  absent  spouse,  a  proceeding  for  modification  of  a
13    previous order for child support under Section  510  of  this
14    Act, or any proceeding authorized under Section 501 or 601 of
15    this  Act, the court may order either or both parents owing a
16    duty of support to a child of the marriage to pay  an  amount
17    reasonable  and  necessary for his support, without regard to
18    marital misconduct. The duty of  support   owed  to  a  minor
19    child  includes  the obligation to provide for the reasonable
20    and necessary physical, mental and emotional health needs  of
21    the child.
22             (1)  The Court shall determine the minimum amount of
23        support by using the following guidelines:
24          Number of Children       Percent of Supporting Party's
25                                             Net Income
26                  1                             20%
27                  2                             25%
28                  3                             32%
29                  4                             40%
30                  5                             45%
31              6 or more                         50%
                            -2-                LRB9206288WHcs
 1             (2)  The  above  guidelines shall be applied in each
 2        case unless the court makes a finding that application of
 3        the guidelines would be inappropriate, after  considering
 4        the  best  interests  of  the  child in light of evidence
 5        including but not limited to one or more of the following
 6        relevant factors:
 7                  (a)  the financial resources and needs  of  the
 8             child;
 9                  (b)  the  financial  resources and needs of the
10             custodial parent;
11                  (c)  the standard of  living  the  child  would
12             have enjoyed had the marriage not been dissolved;
13                  (d)  the  physical  and  emotional condition of
14             the child, and his educational needs; and
15                  (e)  the financial resources and needs  of  the
16             non-custodial parent.
17             If  the  court  deviates  from  the  guidelines, the
18        court's finding shall state the amount  of  support  that
19        would   have  been  required  under  the  guidelines,  if
20        determinable.  The court  shall  include  the  reason  or
21        reasons for the variance from the guidelines.
22             In   evaluating   the  factors  set  forth  in  this
23        paragraph (2), the court may require the custodial parent
24        to provide an accounting of how child  support  is  being
25        spent or will be spent.
26             (3)  "Net  income"  is  defined  as the total of all
27        income from all sources, minus the following deductions:
28                  (a)  Federal income  tax  (properly  calculated
29             withholding or estimated payments);
30                  (b)  State   income  tax  (properly  calculated
31             withholding or estimated payments);
32                  (c)  Social Security (FICA payments);
33                  (d)  Mandatory     retirement     contributions
34             required by law or as a condition of employment;
                            -3-                LRB9206288WHcs
 1                  (e)  Union dues;
 2                  (f)  Dependent          and          individual
 3             health/hospitalization insurance premiums;
 4                  (g)  Prior   obligations    of    support    or
 5             maintenance actually paid pursuant to a court order;
 6                  (h)  Expenditures  for  repayment of debts that
 7             represent reasonable and necessary expenses for  the
 8             production of income, medical expenditures necessary
 9             to  preserve life or health, reasonable expenditures
10             for the benefit of the child and the  other  parent,
11             exclusive  of  gifts.   The  court  shall reduce net
12             income in determining the minimum amount of  support
13             to be ordered only for the period that such payments
14             are   due   and  shall  enter  an  order  containing
15             provisions for its self-executing modification  upon
16             termination of such payment period.
17             (4)  In  cases  where  the  court order provides for
18        health/hospitalization  insurance  coverage  pursuant  to
19        Section  505.2  of  this  Act,  the  premiums  for   that
20        insurance,  or that portion of the premiums for which the
21        supporting party is responsible in the case of  insurance
22        provided  through  an  employer's  health  insurance plan
23        where the employer pays a portion of the premiums,  shall
24        be  subtracted from net income in determining the minimum
25        amount of support to be ordered.
26             (4.5)  In a proceeding for child  support  following
27        dissolution  of  the  marriage  by  a  court  that lacked
28        personal jurisdiction over  the  absent  spouse,  and  in
29        which  the  court is requiring payment of support for the
30        period before the date an order for  current  support  is
31        entered,  there  is  a  rebuttable  presumption  that the
32        supporting party's net income for the  prior  period  was
33        the  same  as his or her net income at the time the order
34        for current support is entered.
                            -4-                LRB9206288WHcs
 1             (5)  If the net income cannot be determined  because
 2        of  default  or  any  other reason, the court shall order
 3        support  in  an  amount  considered  reasonable  in   the
 4        particular  case.   The  final  order  in all cases shall
 5        state the support level in dollar  amounts.  However,  if
 6        the  court  finds that the child support amount cannot be
 7        expressed exclusively as a dollar amount because all or a
 8        portion of the payor's net  income  is  uncertain  as  to
 9        source, time of payment, or amount, the court may order a
10        percentage  amount  of  support in addition to a specific
11        dollar amount and enter  such  other  orders  as  may  be
12        necessary  to  determine  and enforce, on a timely basis,
13        the applicable support ordered.
14             (6)  If (i) the non-custodial  parent  was  properly
15        served   with   a  request  for  discovery  of  financial
16        information  relating  to  the   non-custodial   parent's
17        ability  to provide child support, (ii) the non-custodial
18        parent failed to comply with the request, despite  having
19        been  ordered  to  do  so  by  the  court,  and (iii) the
20        non-custodial parent is not present  at  the  hearing  to
21        determine  support despite having received proper notice,
22        then any relevant financial  information  concerning  the
23        non-custodial  parent'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
26        establish any further foundation for its admission.
27        (a-5)  In an action to enforce an order for support based
28    on the respondent's  failure  to  make  support  payments  as
29    required  by  the  order,  notice  of proceedings to hold the
30    respondent in contempt for that failure may be served on  the
31    respondent  by  personal service or by regular mail addressed
32    to the respondent's last known  address.    The  respondent's
33    last  known  address  may  be  determined from records of the
34    clerk of the court, from the Federal Case Registry  of  Child
                            -5-                LRB9206288WHcs
 1    Support Orders, or by any other reasonable means.
 2        (b)  Failure  of either parent to comply with an order to
 3    pay  support  shall  be  punishable  as  in  other  cases  of
 4    contempt.  In addition to other penalties provided by law the
 5    Court may, after finding the parent guilty of contempt, order
 6    that the parent be:
 7             (1)  placed on probation  with  such  conditions  of
 8        probation as the Court deems advisable;
 9             (2)  sentenced to periodic imprisonment for a period
10        not to exceed 6 months; provided, however, that the Court
11        may  permit the parent to be released for periods of time
12        during the day or night to:
13                  (A)  work; or
14                  (B)  conduct a business or other  self-employed
15             occupation.
16        The  Court  may  further  order  any  part  or all of the
17    earnings  of  a  parent  during  a   sentence   of   periodic
18    imprisonment paid to the Clerk of the Circuit Court or to the
19    parent  having  custody  or to the guardian having custody of
20    the minor children of the sentenced parent for the support of
21    said minor children until further order of the Court.
22        If there is a unity of interest and ownership  sufficient
23    to  render  no  financial  separation between a non-custodial
24    parent and another person or persons or business entity,  the
25    court  may  pierce the ownership veil of the person, persons,
26    or business entity to discover assets  of  the  non-custodial
27    parent  held  in  the  name of that person, those persons, or
28    that  business  entity.    The  following  circumstances  are
29    sufficient to authorize a court to  order  discovery  of  the
30    assets of a person, persons, or business entity and to compel
31    the  application  of  any discovered assets toward payment on
32    the judgment for support:
33             (1)  the  non-custodial  parent  and   the   person,
34        persons, or business entity maintain records together.
                            -6-                LRB9206288WHcs
 1             (2)  the   non-custodial   parent  and  the  person,
 2        persons, or business entity  fail  to  maintain  an  arms
 3        length relationship between themselves with regard to any
 4        assets.
 5             (3)  the  non-custodial  parent  transfers assets to
 6        the person, persons, or business entity with  the  intent
 7        to perpetrate a fraud on the custodial parent.
 8        With  respect to assets which are real property, no order
 9    entered under this paragraph shall affect the rights of  bona
10    fide  purchasers,  mortgagees,  judgment  creditors, or other
11    lien holders who  acquire their  interests  in  the  property
12    prior  to  the  time  a notice of lis pendens pursuant to the
13    Code of Civil Procedure or a copy of the order is  placed  of
14    record  in the office of the recorder of deeds for the county
15    in which the real property is located.
16        The court may also order in cases where the parent is  90
17    days  or  more  delinquent  in payment of support or has been
18    adjudicated  in  arrears  in  an  amount  equal  to  90  days
19    obligation  or  more,  that  the  parent's  Illinois  driving
20    privileges be suspended until the court determines  that  the
21    parent  is in compliance with the order of support. The court
22    may also order that the parent be issued a  family  financial
23    responsibility   driving  permit  that  would  allow  limited
24    driving privileges for employment  and  medical  purposes  in
25    accordance with Section 7-702.1 of the Illinois Vehicle Code.
26    The  clerk  of  the  circuit  court  shall  certify the order
27    suspending the driving privileges of the parent  or  granting
28    the  issuance  of  a  family financial responsibility driving
29    permit to the Secretary of State on forms prescribed  by  the
30    Secretary.  Upon  receipt of the authenticated documents, the
31    Secretary  of  State  shall  suspend  the  parent's   driving
32    privileges  until  further  order  of the court and shall, if
33    ordered by the court, subject to the  provisions  of  Section
34    7-702.1   of  the  Illinois  Vehicle  Code,  issue  a  family
                            -7-                LRB9206288WHcs
 1    financial responsibility driving permit to the parent.
 2        In addition to the penalties or punishment  that  may  be
 3    imposed   under   this  Section,  any  person  whose  conduct
 4    constitutes a violation of  Section  15  of  the  Non-Support
 5    Punishment Act may be prosecuted under that Act, and a person
 6    convicted  under that Act may be sentenced in accordance with
 7    that Act.  The sentence may include but need not  be  limited
 8    to  a  requirement  that the person perform community service
 9    under Section 50  of  that  Act  or  participate  in  a  work
10    alternative  program  under Section 50 of that Act.  A person
11    may not be required to  participate  in  a  work  alternative
12    program  under  Section  50  of  that  Act  if  the person is
13    currently participating in a work program pursuant to Section
14    505.1 of 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
                            -8-                LRB9206288WHcs
 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
                            -9-                LRB9206288WHcs
 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; 91-655,
28    eff. 6-1-00; 91-767, eff. 6-9-00; revised 6-28-00.)

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