State of Illinois
92nd General Assembly
Legislation

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92_HB5695

 
                                               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  earlier  21,
13    except that a parent is not liable for a child age 18 or over
14    if such child is not living with the parent or parents, and a
15    parent  is not liable for a child of any age if the child has
16    married and is not living with the parent or parents. A child
17    shall be considered to be living with the parent  or  parents
18    if  such  child  is absent from the parent's or parents' home
19    only in order  to  regularly  attend  a  school,  college  or
20    university  or  to  receive  technical  training designed for
21    preparation 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.)
 
                            -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
 
                            -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 19 majority or is otherwise
23    emancipated.  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
 
                            -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
 
                            -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
 
                            -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
 
                            -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.
 
                            -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:
 
                            -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
 
                            -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  19  majority  or  is  otherwise
15    emancipated.   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
 
                            -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
 
                            -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
 
                            -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
 
                            -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 a minor
21    child includes the obligation to provide for  the  reasonable
22    and  necessary physical, mental and emotional health needs of
23    the child. 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%
 
                            -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;
 
                            -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
 
                            -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.
 
                            -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    the minor children of the sentenced parent for the support of
20    said minor children 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,
 
                            -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.
 
                            -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
 
                            -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
 
                            -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 19 majority or is otherwise
14    emancipated. 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
 
                            -23-               LRB9214975DJmb
 1    emotional health of a party or that  of  a  minor  child,  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.
 
                            -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.
 
                            -25-               LRB9214975DJmb
 1             (1)  When  the  court  order  requires  that a minor
 2        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 a minor child 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  the minor child 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
 
                            -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
 
                            -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
 
                            -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
 
                            -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. Unless
 7    otherwise agreed  in  writing  or  expressly  provided  in  a
 8    judgment,   provisions   for  the  support  of  a  child  are
 9    terminated by emancipation of the child, except as  otherwise
10    provided  herein,  but not by the death of a parent obligated
11    to 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
 
                            -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 19 18. 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
 
                            -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:
 
                            -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 children under  the
 7        age  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
 
                            -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
 
                            -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
 
                            -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
 
                            -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
 
                            -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 19   majority  or  is  otherwise
16    emancipated.  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.)
 
                            -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
 
                            -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
 
                            -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
 
                            -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
 
                            -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  19  majority  or  is  otherwise
19    emancipated.    The  order  for  support shall state that the
20    termination date does not apply to  any  arrearage  that  may
21    remain unpaid on that date.  Nothing in this 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
 
                            -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.)

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