093_HB1382enr
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1 AN ACT concerning families.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Parentage Act of 1984 is amended
5 by changing Sections 14 and 16 and by adding Section 13.5 as
6 follows:
7 (750 ILCS 45/13.5 new)
8 Sec. 13.5. Injunctive relief.
9 (a) In any action brought under this Act for the initial
10 determination of custody or visitation of a child or for
11 modification of a prior custody or visitation order, the
12 court, upon application of any party, may enjoin a party
13 having physical possession or custody of a child from
14 temporarily or permanently removing the child from Illinois
15 pending the adjudication of the issues of custody and
16 visitation. When deciding whether to enjoin removal of a
17 child, the Court shall consider the following factors
18 including, but not limited to:
19 (1) the extent of previous involvement with the
20 child by the party seeking to enjoin removal;
21 (2) the likelihood that parentage will be
22 established; and
23 (3) the impact on the financial, physical, and
24 emotional health of the party being enjoined from
25 removing the child.
26 (b) Injunctive relief under this Act shall be governed
27 by the relevant provisions of the Code of Civil Procedure.
28 (c) Notwithstanding the provisions of subsection (a),
29 the court may decline to enjoin a domestic violence victim
30 having physical possession or custody of a child from
31 temporarily or permanently removing the child from Illinois
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1 pending the adjudication of the issues of custody and
2 visitation. In determining whether a person is a domestic
3 violence victim, the court shall consider the following
4 factors:
5 (1) a sworn statement by the person that the person
6 has good reason to believe that he or she is the victim
7 of domestic violence or stalking;
8 (2) a sworn statement that the person fears for his
9 or her safety or the safety of his or her children;
10 (3) evidence from police, court or other government
11 agency records or files;
12 (4) documentation from a domestic violence program
13 if the person is alleged to be a victim of domestic
14 violence;
15 (5) documentation from a legal, clerical, medical,
16 or other professional from whom the person has sought
17 assistance in dealing with the alleged domestic violence;
18 and
19 (6) any other evidence that supports the sworn
20 statements, such as a statement from any other individual
21 with knowledge of the circumstances that provides the
22 basis for the claim, or physical evidence of the act or
23 acts of domestic violence.
24 (750 ILCS 45/14) (from Ch. 40, par. 2514)
25 Sec. 14. Judgment.
26 (a) (1) The judgment shall contain or explicitly reserve
27 provisions concerning any duty and amount of child support
28 and may contain provisions concerning the custody and
29 guardianship of the child, visitation privileges with the
30 child, the furnishing of bond or other security for the
31 payment of the judgment, which the court shall determine in
32 accordance with the relevant factors set forth in the
33 Illinois Marriage and Dissolution of Marriage Act and any
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1 other applicable law of Illinois, to guide the court in a
2 finding in the best interests of the child. In determining
3 custody, joint custody, removal, or visitation, the court
4 shall apply the relevant standards of the Illinois Marriage
5 and Dissolution of Marriage Act, including Section 609.
6 Specifically, in determining the amount of any child support
7 award, the court shall use the guidelines and standards set
8 forth in subsection (a) of Section 505 and in Section 505.2
9 of the Illinois Marriage and Dissolution of Marriage Act.
10 For purposes of Section 505 of the Illinois Marriage and
11 Dissolution of Marriage Act, "net income" of the
12 non-custodial parent shall include any benefits available to
13 that person under the Illinois Public Aid Code or from other
14 federal, State or local government-funded programs. The
15 court shall, in any event and regardless of the amount of the
16 non-custodial parent's net income, in its judgment order the
17 non-custodial parent to pay child support to the custodial
18 parent in a minimum amount of not less than $10 per month. In
19 an action brought within 2 years after a child's birth, the
20 judgment or order may direct either parent to pay the
21 reasonable expenses incurred by either parent related to the
22 mother's pregnancy and the delivery of the child. The
23 judgment or order shall contain the father's social security
24 number, which the father shall disclose to the court;
25 however, failure to include the father's social security
26 number on the judgment or order does not invalidate the
27 judgment or order.
28 (2) If a judgment of parentage contains no explicit
29 award of custody, the establishment of a support obligation
30 or of visitation rights in one parent shall be considered a
31 judgment granting custody to the other parent. If the
32 parentage judgment contains no such provisions, custody shall
33 be presumed to be with the mother; however, the presumption
34 shall not apply if the father has had physical custody for at
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1 least 6 months prior to the date that the mother seeks to
2 enforce custodial rights.
3 (b) The court shall order all child support payments,
4 determined in accordance with such guidelines, to commence
5 with the date summons is served. The level of current
6 periodic support payments shall not be reduced because of
7 payments set for the period prior to the date of entry of the
8 support order. The Court may order any child support
9 payments to be made for a period prior to the commencement of
10 the action. In determining whether and the extent to which
11 the payments shall be made for any prior period, the court
12 shall consider all relevant facts, including the factors for
13 determining the amount of support specified in the Illinois
14 Marriage and Dissolution of Marriage Act and other equitable
15 factors including but not limited to:
16 (1) The father's prior knowledge of the fact and
17 circumstances of the child's birth.
18 (2) The father's prior willingness or refusal to
19 help raise or support the child.
20 (3) The extent to which the mother or the public
21 agency bringing the action previously informed the father
22 of the child's needs or attempted to seek or require his
23 help in raising or supporting the child.
24 (4) The reasons the mother or the public agency did
25 not file the action earlier.
26 (5) The extent to which the father would be
27 prejudiced by the delay in bringing the action.
28 For purposes of determining the amount of child support
29 to be paid for any period before the date the order for
30 current child support is entered, there is a rebuttable
31 presumption that the father's net income for the prior period
32 was the same as his net income at the time the order for
33 current child support is entered.
34 If (i) the non-custodial parent was properly served with
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1 a request for discovery of financial information relating to
2 the non-custodial parent's ability to provide child support,
3 (ii) the non-custodial parent failed to comply with the
4 request, despite having been ordered to do so by the court,
5 and (iii) the non-custodial parent is not present at the
6 hearing to determine support despite having received proper
7 notice, then any relevant financial information concerning
8 the non-custodial parent's ability to provide child support
9 that was obtained pursuant to subpoena and proper notice
10 shall be admitted into evidence without the need to establish
11 any further foundation for its admission.
12 (c) Any new or existing support order entered by the
13 court under this Section shall be deemed to be a series of
14 judgments against the person obligated to pay support
15 thereunder, each judgment to be in the amount of each payment
16 or installment of support and each such judgment to be deemed
17 entered as of the date the corresponding payment or
18 installment becomes due under the terms of the support order.
19 Each judgment shall have the full force, effect and
20 attributes of any other judgment of this State, including the
21 ability to be enforced. A lien arises by operation of law
22 against the real and personal property of the noncustodial
23 parent for each installment of overdue support owed by the
24 noncustodial parent.
25 (d) If the judgment or order of the court is at variance
26 with the child's birth certificate, the court shall order
27 that a new birth certificate be issued under the Vital
28 Records Act.
29 (e) On request of the mother and the father, the court
30 shall order a change in the child's name. After hearing
31 evidence the court may stay payment of support during the
32 period of the father's minority or period of disability.
33 (f) If, upon a showing of proper service, the father
34 fails to appear in court, or otherwise appear as provided by
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1 law, the court may proceed to hear the cause upon testimony
2 of the mother or other parties taken in open court and shall
3 enter a judgment by default. The court may reserve any order
4 as to the amount of child support until the father has
5 received notice, by regular mail, of a hearing on the matter.
6 (g) A one-time charge of 20% is imposable upon the
7 amount of past-due child support owed on July 1, 1988 which
8 has accrued under a support order entered by the court. The
9 charge shall be imposed in accordance with the provisions of
10 Section 10-21 of the Illinois Public Aid Code and shall be
11 enforced by the court upon petition.
12 (h) All orders for support, when entered or modified,
13 shall include a provision requiring the non-custodial parent
14 to notify the court and, in cases in which party is receiving
15 child support enforcement services under Article X of the
16 Illinois Public Aid Code, the Illinois Department of Public
17 Aid, within 7 days, (i) of the name and address of any new
18 employer of the non-custodial parent, (ii) whether the
19 non-custodial parent has access to health insurance coverage
20 through the employer or other group coverage and, if so, the
21 policy name and number and the names of persons covered under
22 the policy, and (iii) of any new residential or mailing
23 address or telephone number of the non-custodial parent. In
24 any subsequent action to enforce a support order, upon a
25 sufficient showing that a diligent effort has been made to
26 ascertain the location of the non-custodial parent, service
27 of process or provision of notice necessary in the case may
28 be made at the last known address of the non-custodial parent
29 in any manner expressly provided by the Code of Civil
30 Procedure or this Act, which service shall be sufficient for
31 purposes of due process.
32 (i) An order for support shall include a date on which
33 the current support obligation terminates. The termination
34 date shall be no earlier than the date on which the child
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1 covered by the order will attain the age of majority or is
2 otherwise emancipated. The order for support shall state
3 that the termination date does not apply to any arrearage
4 that may remain unpaid on that date. Nothing in this
5 subsection shall be construed to prevent the court from
6 modifying the order.
7 (j) An order entered under this Section shall include a
8 provision requiring the obligor to report to the obligee and
9 to the clerk of court within 10 days each time the obligor
10 obtains new employment, and each time the obligor's
11 employment is terminated for any reason. The report shall be
12 in writing and shall, in the case of new employment, include
13 the name and address of the new employer. Failure to report
14 new employment or the termination of current employment, if
15 coupled with nonpayment of support for a period in excess of
16 60 days, is indirect criminal contempt. For any obligor
17 arrested for failure to report new employment bond shall be
18 set in the amount of the child support that should have been
19 paid during the period of unreported employment. An order
20 entered under this Section shall also include a provision
21 requiring the obligor and obligee parents to advise each
22 other of a change in residence within 5 days of the change
23 except when the court finds that the physical, mental, or
24 emotional health of a party or that of a minor child, or
25 both, would be seriously endangered by disclosure of the
26 party's address.
27 (Source: P.A. 91-767, eff. 6-9-00, 92-590, eff. 7-1-02.)
28 (750 ILCS 45/16) (from Ch. 40, par. 2516)
29 Sec. 16. Modification of Judgment. The court has
30 continuing jurisdiction to modify an order for support,
31 custody, or visitation, or removal included in a judgment
32 entered under this Act. Any custody, or visitation, or
33 removal judgment modification shall be in accordance with the
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1 relevant factors specified in the "Illinois Marriage and
2 Dissolution of Marriage Act, including Section 609", approved
3 September 22, 1977, as now or hereafter amended. Any support
4 judgment is subject to modification or termination only in
5 accordance with Section 510 of the Illinois Marriage and
6 Dissolution of Marriage Act.
7 (Source: P.A. 85-2.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.