093_HB2863enr
HB2863 Enrolled LRB093 09952 LCB 10203 b
1 AN ACT concerning child support.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Marriage and Dissolution of
5 Marriage Act is amended by changing Section 505 as follows:
6 (750 ILCS 5/505) (from Ch. 40, par. 505)
7 (Text of Section before amendment by P.A. 92-876)
8 Sec. 505. Child support; contempt; penalties.
9 (a) In a proceeding for dissolution of marriage, legal
10 separation, declaration of invalidity of marriage, a
11 proceeding for child support following dissolution of the
12 marriage by a court which lacked personal jurisdiction over
13 the absent spouse, a proceeding for modification of a
14 previous order for child support under Section 510 of this
15 Act, or any proceeding authorized under Section 501 or 601 of
16 this Act, the court may order either or both parents owing a
17 duty of support to a child of the marriage to pay an amount
18 reasonable and necessary for his support, without regard to
19 marital misconduct. The duty of support owed to a minor
20 child includes the obligation to provide for the reasonable
21 and necessary physical, mental and emotional health needs of
22 the child.
23 (1) The Court shall determine the minimum amount of
24 support by using the following guidelines:
25 Number of Children Percent of Supporting Party's
26 Net Income
27 1 20%
28 2 28%25%
29 3 32%
30 4 40%
31 5 45%
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1 6 or more 50%
2 (2) The above guidelines shall be applied in each
3 case unless the court makes a finding that application of
4 the guidelines would be inappropriate, after considering
5 the best interests of the child in light of evidence
6 including but not limited to one or more of the following
7 relevant factors:
8 (a) the financial resources and needs of the
9 child;
10 (b) the financial resources and needs of the
11 custodial parent;
12 (c) the standard of living the child would
13 have enjoyed had the marriage not been dissolved;
14 (d) the physical and emotional condition of
15 the child, and his educational needs; and
16 (e) the financial resources and needs of the
17 non-custodial parent.
18 If the court deviates from the guidelines, the
19 court's finding shall state the amount of support that
20 would have been required under the guidelines, if
21 determinable. The court shall include the reason or
22 reasons for the variance from the guidelines.
23 (3) "Net income" is defined as the total of all
24 income from all sources, minus the following deductions:
25 (a) Federal income tax (properly calculated
26 withholding or estimated payments);
27 (b) State income tax (properly calculated
28 withholding or estimated payments);
29 (c) Social Security (FICA payments);
30 (d) Mandatory retirement contributions
31 required by law or as a condition of employment;
32 (e) Union dues;
33 (f) Dependent and individual
34 health/hospitalization insurance premiums;
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1 (g) Prior obligations of support or
2 maintenance actually paid pursuant to a court order;
3 (h) Expenditures for repayment of debts that
4 represent reasonable and necessary expenses for the
5 production of income, medical expenditures necessary
6 to preserve life or health, reasonable expenditures
7 for the benefit of the child and the other parent,
8 exclusive of gifts. The court shall reduce net
9 income in determining the minimum amount of support
10 to be ordered only for the period that such payments
11 are due and shall enter an order containing
12 provisions for its self-executing modification upon
13 termination of such payment period.
14 (4) In cases where the court order provides for
15 health/hospitalization insurance coverage pursuant to
16 Section 505.2 of this Act, the premiums for that
17 insurance, or that portion of the premiums for which the
18 supporting party is responsible in the case of insurance
19 provided through an employer's health insurance plan
20 where the employer pays a portion of the premiums, shall
21 be subtracted from net income in determining the minimum
22 amount of support to be ordered.
23 (4.5) In a proceeding for child support following
24 dissolution of the marriage by a court that lacked
25 personal jurisdiction over the absent spouse, and in
26 which the court is requiring payment of support for the
27 period before the date an order for current support is
28 entered, there is a rebuttable presumption that the
29 supporting party's net income for the prior period was
30 the same as his or her net income at the time the order
31 for current support is entered.
32 (5) If the net income cannot be determined because
33 of default or any other reason, the court shall order
34 support in an amount considered reasonable in the
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1 particular case. The final order in all cases shall
2 state the support level in dollar amounts. However, if
3 the court finds that the child support amount cannot be
4 expressed exclusively as a dollar amount because all or a
5 portion of the payor's net income is uncertain as to
6 source, time of payment, or amount, the court may order a
7 percentage amount of support in addition to a specific
8 dollar amount and enter such other orders as may be
9 necessary to determine and enforce, on a timely basis,
10 the applicable support ordered.
11 (6) If (i) the non-custodial parent was properly
12 served with a request for discovery of financial
13 information relating to the non-custodial parent's
14 ability to provide child support, (ii) the non-custodial
15 parent failed to comply with the request, despite having
16 been ordered to do so by the court, and (iii) the
17 non-custodial parent is not present at the hearing to
18 determine support despite having received proper notice,
19 then any relevant financial information concerning the
20 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
23 establish any further foundation for its admission.
24 (a-5) In an action to enforce an order for support based
25 on the respondent's failure to make support payments as
26 required by the order, notice of proceedings to hold the
27 respondent in contempt for that failure may be served on the
28 respondent by personal service or by regular mail addressed
29 to the respondent's last known address. The respondent's last
30 known address may be determined from records of the clerk of
31 the court, from the Federal Case Registry of Child Support
32 Orders, or by any other reasonable means.
33 (b) Failure of either parent to comply with an order to
34 pay support shall be punishable as in other cases of
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1 contempt. In addition to other penalties provided by law the
2 Court may, after finding the parent guilty of contempt, order
3 that the parent be:
4 (1) placed on probation with such conditions of
5 probation as the Court deems advisable;
6 (2) sentenced to periodic imprisonment for a period
7 not to exceed 6 months; provided, however, that the Court
8 may permit the parent to be released for periods of time
9 during the day or night to:
10 (A) work; or
11 (B) conduct a business or other self-employed
12 occupation.
13 The Court may further order any part or all of the
14 earnings of a parent during a sentence of periodic
15 imprisonment paid to the Clerk of the Circuit Court or to the
16 parent having custody or to the guardian having custody of
17 the minor children of the sentenced parent for the support of
18 said minor children until further order of the Court.
19 If there is a unity of interest and ownership sufficient
20 to render no financial separation between a non-custodial
21 parent and another person or persons or business entity, the
22 court may pierce the ownership veil of the person, persons,
23 or business entity to discover assets of the non-custodial
24 parent held in the name of that person, those persons, or
25 that business entity. The following circumstances are
26 sufficient to authorize a court to order discovery of the
27 assets of a person, persons, or business entity and to compel
28 the application of any discovered assets toward payment on
29 the judgment for support:
30 (1) the non-custodial parent and the person,
31 persons, or business entity maintain records together.
32 (2) the non-custodial parent and the person,
33 persons, or business entity fail to maintain an arms
34 length relationship between themselves with regard to any
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1 assets.
2 (3) the non-custodial parent transfers assets to
3 the person, persons, or business entity with the intent
4 to perpetrate a fraud on the custodial parent.
5 With respect to assets which are real property, no order
6 entered under this paragraph shall affect the rights of bona
7 fide purchasers, mortgagees, judgment creditors, or other
8 lien holders who acquire their interests in the property
9 prior to the time a notice of lis pendens pursuant to the
10 Code of Civil Procedure or a copy of the order is placed of
11 record in the office of the recorder of deeds for the county
12 in which the real property is located.
13 The court may also order in cases where the parent is 90
14 days or more delinquent in payment of support or has been
15 adjudicated in arrears in an amount equal to 90 days
16 obligation or more, that the parent's Illinois driving
17 privileges be suspended until the court determines that the
18 parent is in compliance with the order of support. The court
19 may also order that the parent be issued a family financial
20 responsibility driving permit that would allow limited
21 driving privileges for employment and medical purposes in
22 accordance with Section 7-702.1 of the Illinois Vehicle Code.
23 The clerk of the circuit court shall certify the order
24 suspending the driving privileges of the parent or granting
25 the issuance of a family financial responsibility driving
26 permit to the Secretary of State on forms prescribed by the
27 Secretary. Upon receipt of the authenticated documents, the
28 Secretary of State shall suspend the parent's driving
29 privileges until further order of the court and shall, if
30 ordered by the court, subject to the provisions of Section
31 7-702.1 of the Illinois Vehicle Code, issue a family
32 financial responsibility driving permit to the parent.
33 In addition to the penalties or punishment that may be
34 imposed under this Section, any person whose conduct
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1 constitutes a violation of Section 15 of the Non-Support
2 Punishment Act may be prosecuted under that Act, and a person
3 convicted under that Act may be sentenced in accordance with
4 that Act. The sentence may include but need not be limited
5 to a requirement that the person perform community service
6 under Section 50 of that Act or participate in a work
7 alternative program under Section 50 of that Act. A person
8 may not be required to participate in a work alternative
9 program under Section 50 of that Act if the person is
10 currently participating in a work program pursuant to Section
11 505.1 of this Act.
12 A support obligation, or any portion of a support
13 obligation, which becomes due and remains unpaid for 30 days
14 or more shall accrue simple interest at the rate of 9% per
15 annum. An order for support entered or modified on or after
16 January 1, 2002 shall contain a statement that a support
17 obligation required under the order, or any portion of a
18 support obligation required under the order, that becomes due
19 and remains unpaid for 30 days or more shall accrue simple
20 interest at the rate of 9% per annum. Failure to include the
21 statement in the order for support does not affect the
22 validity of the order or the accrual of interest as provided
23 in this Section.
24 (c) A one-time charge of 20% is imposable upon the
25 amount of past-due child support owed on July 1, 1988 which
26 has accrued under a support order entered by the court. The
27 charge shall be imposed in accordance with the provisions of
28 Section 10-21 of the Illinois Public Aid Code and shall be
29 enforced by the court upon petition.
30 (d) Any new or existing support order entered by the
31 court under this Section shall be deemed to be a series of
32 judgments against the person obligated to pay support
33 thereunder, each such judgment to be in the amount of each
34 payment or installment of support and each such judgment to
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1 be deemed entered as of the date the corresponding payment or
2 installment becomes due under the terms of the support order.
3 Each such judgment shall have the full force, effect and
4 attributes of any other judgment of this State, including the
5 ability to be enforced. A lien arises by operation of law
6 against the real and personal property of the noncustodial
7 parent for each installment of overdue support owed by the
8 noncustodial parent.
9 (e) When child support is to be paid through the clerk
10 of the court in a county of 1,000,000 inhabitants or less,
11 the order shall direct the obligor to pay to the clerk, in
12 addition to the child support payments, all fees imposed by
13 the county board under paragraph (3) of subsection (u) of
14 Section 27.1 of the Clerks of Courts Act. Unless paid in
15 cash or pursuant to an order for withholding, the payment of
16 the fee shall be by a separate instrument from the support
17 payment and shall be made to the order of the Clerk.
18 (f) All orders for support, when entered or modified,
19 shall include a provision requiring the obligor to notify the
20 court and, in cases in which a party is receiving child and
21 spouse services under Article X of the Illinois Public Aid
22 Code, the Illinois Department of Public Aid, within 7 days,
23 (i) of the name and address of any new employer of the
24 obligor, (ii) whether the obligor has access to health
25 insurance coverage through the employer or other group
26 coverage and, if so, the policy name and number and the names
27 of persons covered under the policy, and (iii) of any new
28 residential or mailing address or telephone number of the
29 non-custodial parent. In any subsequent action to enforce a
30 support order, upon a sufficient showing that a diligent
31 effort has been made to ascertain the location of the
32 non-custodial parent, service of process or provision of
33 notice necessary in the case may be made at the last known
34 address of the non-custodial parent in any manner expressly
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1 provided by the Code of Civil Procedure or this Act, which
2 service shall be sufficient for purposes of due process.
3 (g) An order for support shall include a date on which
4 the current support obligation terminates. The termination
5 date shall be no earlier than the date on which the child
6 covered by the order will attain the age of majority or is
7 otherwise emancipated. The order for support shall state that
8 the termination date does not apply to any arrearage that may
9 remain unpaid on that date. Nothing in this subsection shall
10 be construed to prevent the court from modifying the order.
11 (h) An order entered under this Section shall include a
12 provision requiring the obligor to report to the obligee and
13 to the clerk of court within 10 days each time the obligor
14 obtains new employment, and each time the obligor's
15 employment is terminated for any reason. The report shall be
16 in writing and shall, in the case of new employment, include
17 the name and address of the new employer. Failure to report
18 new employment or the termination of current employment, if
19 coupled with nonpayment of support for a period in excess of
20 60 days, is indirect criminal contempt. For any obligor
21 arrested for failure to report new employment bond shall be
22 set in the amount of the child support that should have been
23 paid during the period of unreported employment. An order
24 entered under this Section shall also include a provision
25 requiring the obligor and obligee parents to advise each
26 other of a change in residence within 5 days of the change
27 except when the court finds that the physical, mental, or
28 emotional health of a party or that of a minor child, or
29 both, would be seriously endangered by disclosure of the
30 party's address.
31 (i) The court does not lose the powers of contempt,
32 driver's license suspension, or other child support
33 enforcement mechanisms, including, but not limited to,
34 criminal prosecution as set forth in this Act, upon the
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1 emancipation of the minor child or children.
2 (Source: P.A. 91-113, eff. 7-15-99; 91-397, eff. 1-1-00;
3 91-655, eff. 6-1-00; 91-767, eff. 6-9-00; 92-16, eff.
4 6-28-01; 92-203, eff. 8-1-01; 92-374, eff. 8-15-01; 92-651,
5 eff. 7-11-02.)
6 (Text of Section after amendment by P.A. 92-876)
7 Sec. 505. Child support; contempt; penalties.
8 (a) In a proceeding for dissolution of marriage, legal
9 separation, declaration of invalidity of marriage, a
10 proceeding for child support following dissolution of the
11 marriage by a court which lacked personal jurisdiction over
12 the absent spouse, a proceeding for modification of a
13 previous order for child support under Section 510 of this
14 Act, or any proceeding authorized under Section 501 or 601 of
15 this Act, the court may order either or both parents owing a
16 duty of support to a child of the marriage to pay an amount
17 reasonable and necessary for his support, without regard to
18 marital misconduct. The duty of support owed to a child
19 includes the obligation to provide for the reasonable and
20 necessary physical, mental and emotional health needs of the
21 child. For purposes of this Section, the term "child" shall
22 include any child under age 18 and any child under age 19 who
23 is still attending high school.
24 (1) The Court shall determine the minimum amount of
25 support by using the following guidelines:
26 Number of Children Percent of Supporting Party's
27 Net Income
28 1 20%
29 2 28%25%
30 3 32%
31 4 40%
32 5 45%
33 6 or more 50%
34 (2) The above guidelines shall be applied in each
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1 case unless the court makes a finding that application of
2 the guidelines would be inappropriate, after considering
3 the best interests of the child in light of evidence
4 including but not limited to one or more of the following
5 relevant factors:
6 (a) the financial resources and needs of the
7 child;
8 (b) the financial resources and needs of the
9 custodial parent;
10 (c) the standard of living the child would
11 have enjoyed had the marriage not been dissolved;
12 (d) the physical and emotional condition of
13 the child, and his educational needs; and
14 (e) the financial resources and needs of the
15 non-custodial parent.
16 If the court deviates from the guidelines, the
17 court's finding shall state the amount of support that
18 would have been required under the guidelines, if
19 determinable. The court shall include the reason or
20 reasons for the variance from the guidelines.
21 (3) "Net income" is defined as the total of all
22 income from all sources, minus the following deductions:
23 (a) Federal income tax (properly calculated
24 withholding or estimated payments);
25 (b) State income tax (properly calculated
26 withholding or estimated payments);
27 (c) Social Security (FICA payments);
28 (d) Mandatory retirement contributions
29 required by law or as a condition of employment;
30 (e) Union dues;
31 (f) Dependent and individual
32 health/hospitalization insurance premiums;
33 (g) Prior obligations of support or
34 maintenance actually paid pursuant to a court order;
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1 (h) Expenditures for repayment of debts that
2 represent reasonable and necessary expenses for the
3 production of income, medical expenditures necessary
4 to preserve life or health, reasonable expenditures
5 for the benefit of the child and the other parent,
6 exclusive of gifts. The court shall reduce net
7 income in determining the minimum amount of support
8 to be ordered only for the period that such payments
9 are due and shall enter an order containing
10 provisions for its self-executing modification upon
11 termination of such payment period.
12 (4) In cases where the court order provides for
13 health/hospitalization insurance coverage pursuant to
14 Section 505.2 of this Act, the premiums for that
15 insurance, or that portion of the premiums for which the
16 supporting party is responsible in the case of insurance
17 provided through an employer's health insurance plan
18 where the employer pays a portion of the premiums, shall
19 be subtracted from net income in determining the minimum
20 amount of support to be ordered.
21 (4.5) In a proceeding for child support following
22 dissolution of the marriage by a court that lacked
23 personal jurisdiction over the absent spouse, and in
24 which the court is requiring payment of support for the
25 period before the date an order for current support is
26 entered, there is a rebuttable presumption that the
27 supporting party's net income for the prior period was
28 the same as his or her net income at the time the order
29 for current support is entered.
30 (5) If the net income cannot be determined because
31 of default or any other reason, the court shall order
32 support in an amount considered reasonable in the
33 particular case. The final order in all cases shall
34 state the support level in dollar amounts. However, if
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1 the court finds that the child support amount cannot be
2 expressed exclusively as a dollar amount because all or a
3 portion of the payor's net income is uncertain as to
4 source, time of payment, or amount, the court may order a
5 percentage amount of support in addition to a specific
6 dollar amount and enter such other orders as may be
7 necessary to determine and enforce, on a timely basis,
8 the applicable support ordered.
9 (6) If (i) the non-custodial parent was properly
10 served with a request for discovery of financial
11 information relating to the non-custodial parent's
12 ability to provide child support, (ii) the non-custodial
13 parent failed to comply with the request, despite having
14 been ordered to do so by the court, and (iii) the
15 non-custodial parent is not present at the hearing to
16 determine support despite having received proper notice,
17 then any relevant financial information concerning the
18 non-custodial parent's ability to provide child support
19 that was obtained pursuant to subpoena and proper notice
20 shall be admitted into evidence without the need to
21 establish any further foundation for its admission.
22 (a-5) In an action to enforce an order for support based
23 on the respondent's failure to make support payments as
24 required by the order, notice of proceedings to hold the
25 respondent in contempt for that failure may be served on the
26 respondent by personal service or by regular mail addressed
27 to the respondent's last known address. The respondent's last
28 known address may be determined from records of the clerk of
29 the court, from the Federal Case Registry of Child Support
30 Orders, or by any other reasonable means.
31 (b) Failure of either parent to comply with an order to
32 pay support shall be punishable as in other cases of
33 contempt. In addition to other penalties provided by law the
34 Court may, after finding the parent guilty of contempt, order
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1 that the parent be:
2 (1) placed on probation with such conditions of
3 probation as the Court deems advisable;
4 (2) sentenced to periodic imprisonment for a period
5 not to exceed 6 months; provided, however, that the Court
6 may permit the parent to be released for periods of time
7 during the day or night to:
8 (A) work; or
9 (B) conduct a business or other self-employed
10 occupation.
11 The Court may further order any part or all of the
12 earnings of a parent during a sentence of periodic
13 imprisonment paid to the Clerk of the Circuit Court or to the
14 parent having custody or to the guardian having custody of
15 the children of the sentenced parent for the support of said
16 children until further order of the Court.
17 If there is a unity of interest and ownership sufficient
18 to render no financial separation between a non-custodial
19 parent and another person or persons or business entity, the
20 court may pierce the ownership veil of the person, persons,
21 or business entity to discover assets of the non-custodial
22 parent held in the name of that person, those persons, or
23 that business entity. The following circumstances are
24 sufficient to authorize a court to order discovery of the
25 assets of a person, persons, or business entity and to compel
26 the application of any discovered assets toward payment on
27 the judgment for support:
28 (1) the non-custodial parent and the person,
29 persons, or business entity maintain records together.
30 (2) the non-custodial parent and the person,
31 persons, or business entity fail to maintain an arms
32 length relationship between themselves with regard to any
33 assets.
34 (3) the non-custodial parent transfers assets to
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1 the person, persons, or business entity with the intent
2 to perpetrate a fraud on the custodial parent.
3 With respect to assets which are real property, no order
4 entered under this paragraph shall affect the rights of bona
5 fide purchasers, mortgagees, judgment creditors, or other
6 lien holders who acquire their interests in the property
7 prior to the time a notice of lis pendens pursuant to the
8 Code of Civil Procedure or a copy of the order is placed of
9 record in the office of the recorder of deeds for the county
10 in which the real property is located.
11 The court may also order in cases where the parent is 90
12 days or more delinquent in payment of support or has been
13 adjudicated in arrears in an amount equal to 90 days
14 obligation or more, that the parent's Illinois driving
15 privileges be suspended until the court determines that the
16 parent is in compliance with the order of support. The court
17 may also order that the parent be issued a family financial
18 responsibility driving permit that would allow limited
19 driving privileges for employment and medical purposes in
20 accordance with Section 7-702.1 of the Illinois Vehicle Code.
21 The clerk of the circuit court shall certify the order
22 suspending the driving privileges of the parent or granting
23 the issuance of a family financial responsibility driving
24 permit to the Secretary of State on forms prescribed by the
25 Secretary. Upon receipt of the authenticated documents, the
26 Secretary of State shall suspend the parent's driving
27 privileges until further order of the court and shall, if
28 ordered by the court, subject to the provisions of Section
29 7-702.1 of the Illinois Vehicle Code, issue a family
30 financial responsibility driving permit to the parent.
31 In addition to the penalties or punishment that may be
32 imposed under this Section, any person whose conduct
33 constitutes a violation of Section 15 of the Non-Support
34 Punishment Act may be prosecuted under that Act, and a person
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1 convicted under that Act may be sentenced in accordance with
2 that Act. The sentence may include but need not be limited
3 to a requirement that the person perform community service
4 under Section 50 of that Act or participate in a work
5 alternative program under Section 50 of that Act. A person
6 may not be required to participate in a work alternative
7 program under Section 50 of that Act if the person is
8 currently participating in a work program pursuant to Section
9 505.1 of this Act.
10 A support obligation, or any portion of a support
11 obligation, which becomes due and remains unpaid for 30 days
12 or more shall accrue simple interest at the rate of 9% per
13 annum. An order for support entered or modified on or after
14 January 1, 2002 shall contain a statement that a support
15 obligation required under the order, or any portion of a
16 support obligation required under the order, that becomes due
17 and remains unpaid for 30 days or more shall accrue simple
18 interest at the rate of 9% per annum. Failure to include the
19 statement in the order for support does not affect the
20 validity of the order or the accrual of interest as provided
21 in this Section.
22 (c) A one-time charge of 20% is imposable upon the
23 amount of past-due child support owed on July 1, 1988 which
24 has accrued under a support order entered by the court. The
25 charge shall be imposed in accordance with the provisions of
26 Section 10-21 of the Illinois Public Aid Code and shall be
27 enforced by the court upon petition.
28 (d) Any new or existing support order entered by the
29 court under this Section shall be deemed to be a series of
30 judgments against the person obligated to pay support
31 thereunder, each such judgment to be in the amount of each
32 payment or installment of support and each such judgment to
33 be deemed entered as of the date the corresponding payment or
34 installment becomes due under the terms of the support order.
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1 Each such judgment shall have the full force, effect and
2 attributes of any other judgment of this State, including the
3 ability to be enforced. A lien arises by operation of law
4 against the real and personal property of the noncustodial
5 parent for each installment of overdue support owed by the
6 noncustodial parent.
7 (e) When child support is to be paid through the clerk
8 of the court in a county of 1,000,000 inhabitants or less,
9 the order shall direct the obligor to pay to the clerk, in
10 addition to the child support payments, all fees imposed by
11 the county board under paragraph (3) of subsection (u) of
12 Section 27.1 of the Clerks of Courts Act. Unless paid in
13 cash or pursuant to an order for withholding, the payment of
14 the fee shall be by a separate instrument from the support
15 payment and shall be made to the order of the Clerk.
16 (f) All orders for support, when entered or modified,
17 shall include a provision requiring the obligor to notify the
18 court and, in cases in which a party is receiving child and
19 spouse services under Article X of the Illinois Public Aid
20 Code, the Illinois Department of Public Aid, within 7 days,
21 (i) of the name and address of any new employer of the
22 obligor, (ii) whether the obligor has access to health
23 insurance coverage through the employer or other group
24 coverage and, if so, the policy name and number and the names
25 of persons covered under the policy, and (iii) of any new
26 residential or mailing address or telephone number of the
27 non-custodial parent. In any subsequent action to enforce a
28 support order, upon a sufficient showing that a diligent
29 effort has been made to ascertain the location of the
30 non-custodial parent, service of process or provision of
31 notice necessary in the case may be made at the last known
32 address of the non-custodial parent in any manner expressly
33 provided by the Code of Civil Procedure or this Act, which
34 service shall be sufficient for purposes of due process.
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1 (g) An order for support shall include a date on which
2 the current support obligation terminates. The termination
3 date shall be no earlier than the date on which the child
4 covered by the order will attain the age of 18. However, if
5 the child will not graduate from high school until after
6 attaining the age of 18, then the termination date shall be
7 no earlier than the earlier of the date on which the child's
8 high school graduation will occur or the date on which the
9 child will attain the age of 19. The order for support shall
10 state that the termination date does not apply to any
11 arrearage that may remain unpaid on that date. Nothing in
12 this subsection shall be construed to prevent the court from
13 modifying the order or terminating the order in the event the
14 child is otherwise emancipated.
15 (h) An order entered under this Section shall include a
16 provision requiring the obligor to report to the obligee and
17 to the clerk of court within 10 days each time the obligor
18 obtains new employment, and each time the obligor's
19 employment is terminated for any reason. The report shall be
20 in writing and shall, in the case of new employment, include
21 the name and address of the new employer. Failure to report
22 new employment or the termination of current employment, if
23 coupled with nonpayment of support for a period in excess of
24 60 days, is indirect criminal contempt. For any obligor
25 arrested for failure to report new employment bond shall be
26 set in the amount of the child support that should have been
27 paid during the period of unreported employment. An order
28 entered under this Section shall also include a provision
29 requiring the obligor and obligee parents to advise each
30 other of a change in residence within 5 days of the change
31 except when the court finds that the physical, mental, or
32 emotional health of a party or that of a child, or both,
33 would be seriously endangered by disclosure of the party's
34 address.
HB2863 Enrolled -19- LRB093 09952 LCB 10203 b
1 (i) The court does not lose the powers of contempt,
2 driver's license suspension, or other child support
3 enforcement mechanisms, including, but not limited to,
4 criminal prosecution as set forth in this Act, upon the
5 emancipation of the minor child or children.
6 (Source: P.A. 91-113, eff. 7-15-99; 91-397, eff. 1-1-00;
7 91-655, eff. 6-1-00; 91-767, eff. 6-9-00; 92-16, eff.
8 6-28-01; 92-203, eff. 8-1-01; 92-374, eff. 8-15-01; 92-651,
9 eff. 7-11-02; 92-876, eff. 6-1-03.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.