HR0989 94TH GENERAL ASSEMBLY

HR0989 LRB094 19760 AJO 56431 r

HOUSE RESOLUTION

WHEREAS, There are too many children who have suffered because their parents have not met their child support obligations; and

WHEREAS, To facilitate the delivery of child support to children in significant need, the General Assembly passed the Expedited Child Support Act of 1990; and

WHEREAS, The Supreme Court of Illinois on April 1, 1992, adopted rules designated "Implementation of the Expedited Child Support System" pursuant to the Expedited Child Support Act of 1990, and the Court amended those Rules effective April 15, 1997; and

WHEREAS, In 2002, 86% of custodial parents throughout the United States who were due child support under a court order did not receive all of the child support that was due; and

WHEREAS, The General Assembly has received numerous constituent concerns about delays, dilatory tactics, continuances in child support cases and, in their view, the infrequent exercise of the court's authority to find non-custodial parents with unpaid support obligations in contempt or to impose jail time as a means of enforcement of child support orders; and

WHEREAS, Research shows that the receipt of child support has positive effects on children's cognitive and behavioral performance, regardless of the family's income or other socioeconomic characteristics; and

WHEREAS, Many poor families rely on child support for over 25% of their income and thus children in families with low incomes may especially benefit from the protective effects that child support can have against poverty; and

WHEREAS, Child support benefits all types of families, and the receipt of child support is positively related to child outcomes such as educational attainment, school behavior, and access to health care and nutrition; and

WHEREAS, Research shows that when a parent pays child support, the child has fewer behavior problems, makes better grades, and stays in school longer than do children who are the victims of non-support; and

WHEREAS, Payment of child support by a noncustodial parent is positively related to contact with the child, a sense of involvement in the child's upbringing, and a positive relationship with the resident parent; and

WHEREAS, The Supreme Court of Illinois recognized the importance of prompt decisions in child support proceedings and included specific deadlines in the rules that implemented the expedited child support system; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we respectfully urge the Supreme Court of Illinois to consider in child support cases the scheduling of cases, treatment of litigants, and nature of orders entered during proceedings to establish or modify child support or to determine child support arrearages and the means by which the noncustodial parent, the obligor, will pay the arrearages; this consideration could include the effects that court orders have on children who have not had the benefit of the full amount of child support; requests by the obligor or the obligor's counsel to continue the proceedings to another time; delays that occur due to acts or omissions of the obligor or obligor's counsel; or pleas from the obligor or the obligor's counsel that the court not find the obligor in contempt or impose any jail term for any failure by the obligor to pay child support; and be it further

RESOLVED, That we respectfully urge the Supreme Court of Illinois and the Administrative Office of the Illinois Courts to consider an assessment of parent litigant concerns about child support proceedings, including a review of:

(a) the length of time that a child support case takes from the initial pleading to the date of the court's determination of that issue;

(b) the range, frequency, and appropriateness of the rulings by circuit courts when an obligor appears on a rule to show cause for non-payment of child support;

(c) the means by which the circuit courts and circuit court clerks process and schedule child support cases;

(d) the innovative means utilized by some circuit courts to avoid delays in child support cases, including expedited scheduling;

(e) possible modifications or additions to the Supreme Court Rules concerning child support that might address this issue; and

(f) possible enhancements to educational programs concerning child support cases provided by the Administrative Office of the Illinois Courts; and be it further

RESOLVED, That the Supreme Court and the Administrative Office of the Illinois Courts be furnished with suitable copies of this resolution.