Sen. Donne E. Trotter

Filed: 5/17/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 629

2    AMENDMENT NO. ______. Amend Senate Bill 629 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Pharmacy Practice Act is amended by adding
5Section 26.5 as follows:
 
6    (225 ILCS 85/26.5 new)
7    Sec. 26.5. Unemployed persons. If a person is unemployed
8and requires prescription medication, then upon filing for
9benefits with the Department of Employment Security or upon
10applying for Medicaid benefits with the Department of
11Healthcare and Family Services, the respective Department
12shall inform the applicant of benefits of acquiring
13prescription medications via materials developed by the agency
14and distributed through that respective agency.
 
15    Section 10. The Energy Assistance Act is amended by adding

 

 

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1Section 7.5 as follows:
 
2    (305 ILCS 20/7.5 new)
3    Sec. 7.5. Residential hardship programs. An energy
4provider shall give notice and shall supply information
5accessible by the internet about any program it is offering to
6residential customers experiencing difficulty in paying
7utility bills due to financial hardship. If a residential
8customer contacts an energy provider concerning the customer's
9financial hardship and inability to pay utility bills for
10winter energy services, then the energy provider shall refer
11the customer to the Low Income Home Energy Assistance Program
12managed by the Department of Commerce and Economic Opportunity.
13When making a referral, the energy provider shall inform the
14customer that the Low Income Home Energy Assistance Program is
15designed to assist income-eligible households with winter
16energy services through payment in the form of a grant for
17assistance made on behalf of the customer to the energy
18provider. An energy provider shall post information concerning
19the Low Income Home Energy Assistance Program on its website
20and the information shall also be made available upon a
21customer's request.
 
22    Section 15. The Code of Civil Procedure is amended by
23changing Section 15-1508 as follows:
 

 

 

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1    (735 ILCS 5/15-1508)  (from Ch. 110, par. 15-1508)
2    (Text of Section before amendment by P.A. 97-1164)
3    Sec. 15-1508. Report of Sale and Confirmation of Sale.
4    (a) Report. The person conducting the sale shall promptly
5make a report to the court, which report shall include a copy
6of all receipts and, if any, certificate of sale.
7    (b) Hearing. Upon motion and notice in accordance with
8court rules applicable to motions generally, which motion shall
9not be made prior to sale, the court shall conduct a hearing to
10confirm the sale. Unless the court finds that (i) a notice
11required in accordance with subsection (c) of Section 15-1507
12was not given, (ii) the terms of sale were unconscionable,
13(iii) the sale was conducted fraudulently, or (iv) justice was
14otherwise not done, the court shall then enter an order
15confirming the sale. The confirmation order shall include a
16name, address, and telephone number of the holder of the
17certificate of sale or deed issued pursuant to that certificate
18or, if no certificate or deed was issued, the purchaser, whom a
19municipality or county may contact with concerns about the real
20estate. The confirmation order may also:
21        (1) approve the mortgagee's fees and costs arising
22    between the entry of the judgment of foreclosure and the
23    confirmation hearing, those costs and fees to be allowable
24    to the same extent as provided in the note and mortgage and
25    in Section 15-1504;
26        (2) provide for a personal judgment against any party

 

 

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1    for a deficiency; and
2        (3) determine the priority of the judgments of parties
3    who deferred proving the priority pursuant to subsection
4    (h) of Section 15-1506, but the court shall not defer
5    confirming the sale pending the determination of such
6    priority.
7    (b-5) Notice with respect to residential real estate. With
8respect to residential real estate, the notice required under
9subsection (b) of this Section shall be sent to the mortgagor
10even if the mortgagor has previously been held in default. In
11the event the mortgagor has filed an appearance, the notice
12shall be sent to the address indicated on the appearance. In
13all other cases, the notice shall be sent to the mortgagor at
14the common address of the foreclosed property. The notice shall
15be sent by first class mail. Unless the right to possession has
16been previously terminated by the court, the notice shall
17include the following language in 12-point boldface
18capitalized type:
19
IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO
20
REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF
21
POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE
22
ILLINOIS MORTGAGE FORECLOSURE LAW.
23    (b-10) Notice of confirmation order sent to municipality or
24county. A copy of the confirmation order required under
25subsection (b) shall be sent to the municipality in which the
26foreclosed property is located, or to the county within the

 

 

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1boundary of which the foreclosed property is located if the
2foreclosed property is located in an unincorporated territory.
3A municipality or county must clearly publish on its website a
4single address to which such notice shall be sent. If a
5municipality or county does not maintain a website, then the
6municipality or county must publicly post in its main office a
7single address to which such notice shall be sent. In the event
8that a municipality or county has not complied with the
9publication requirement in this subsection (b-10), then such
10notice to the municipality or county shall be provided pursuant
11to Section 2-211 of the Code of Civil Procedure.
12    (c) Failure to Give Notice. If any sale is held without
13compliance with subsection (c) of Section 15-1507 of this
14Article, any party entitled to the notice provided for in
15paragraph (3) of that subsection (c) who was not so notified
16may, by motion supported by affidavit made prior to
17confirmation of such sale, ask the court which entered the
18judgment to set aside the sale. Any such party shall guarantee
19or secure by bond a bid equal to the successful bid at the
20prior sale, unless the party seeking to set aside the sale is
21the mortgagor, the real estate sold at the sale is residential
22real estate, and the mortgagor occupies the residential real
23estate at the time the motion is filed. In that event, no
24guarantee or bond shall be required of the mortgagor. Any
25subsequent sale is subject to the same notice requirement as
26the original sale.

 

 

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1    (d) Validity of Sale. Except as provided in subsection (c)
2of Section 15-1508, no sale under this Article shall be held
3invalid or be set aside because of any defect in the notice
4thereof or in the publication of the same, or in the
5proceedings of the officer conducting the sale, except upon
6good cause shown in a hearing pursuant to subsection (b) of
7Section 15-1508. At any time after a sale has occurred, any
8party entitled to notice under paragraph (3) of subsection (c)
9of Section 15-1507 may recover from the mortgagee any damages
10caused by the mortgagee's failure to comply with such paragraph
11(3). Any party who recovers damages in a judicial proceeding
12brought under this subsection may also recover from the
13mortgagee the reasonable expenses of litigation, including
14reasonable attorney's fees.
15    (d-5) Making Home Affordable Program. The court that
16entered the judgment shall set aside a sale held pursuant to
17Section 15-1507, upon motion of the mortgagor at any time prior
18to the confirmation of the sale, if the mortgagor proves by a
19preponderance of the evidence that (i) the mortgagor has
20applied for assistance under the Making Home Affordable Program
21established by the United States Department of the Treasury
22pursuant to the Emergency Economic Stabilization Act of 2008,
23as amended by the American Recovery and Reinvestment Act of
242009, and (ii) the mortgaged real estate was sold in material
25violation of the program's requirements for proceeding to a
26judicial sale. The provisions of this subsection (d-5), except

 

 

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1for this sentence, shall become inoperative on January 1, 2014
2for all actions filed under this Article after December 31,
32013, in which the mortgagor did not apply for assistance under
4the Making Home Affordable Program on or before December 31,
52013.
6    (d-10) Illinois Hardest Hit Program. The court that entered
7the judgment shall set aside a sale held pursuant to Section
815-1507 of this Act, upon motion of the mortgagor at any time
9prior to the confirmation of the sale, if the mortgagor proves
10by a preponderance of the evidence that (i) the mortgagor is
11receiving assistance under the Illinois Hardest Hit Program as
12created by 12 U.S.C. 5211 and 12 U.S.C. 5219, and administered
13by the Illinois Housing Development Authority pursuant to the
14Illinois Housing Development Act and (ii) the assistance
15received under part (i) of this subsection has enabled the
16mortgagor to reinstate the mortgage pursuant to Section 15-1602
17of this Act and make continuing mortgage payments as available
18under the Illinois Hardest Hit Program to avoid default.
19Nothing in this subsection shall prohibit the mortgagee from
20proceeding in the foreclosure action upon a subsequent default
21of the mortgagor. Except for this sentence, this subsection is
22inoperative on and after January 1, 2017 for all actions filed
23under this Article after December 31, 2016 in which the
24mortgagor did not begin receiving the assistance described in
25this subsection under the Illinois Hardest Hit Program on or
26before December 31, 2016.

 

 

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1    (e) Deficiency Judgment. In any order confirming a sale
2pursuant to the judgment of foreclosure, the court shall also
3enter a personal judgment for deficiency against any party (i)
4if otherwise authorized and (ii) to the extent requested in the
5complaint and proven upon presentation of the report of sale in
6accordance with Section 15-1508. Except as otherwise provided
7in this Article, a judgment may be entered for any balance of
8money that may be found due to the plaintiff, over and above
9the proceeds of the sale or sales, and enforcement may be had
10for the collection of such balance, the same as when the
11judgment is solely for the payment of money. Such judgment may
12be entered, or enforcement had, only in cases where personal
13service has been had upon the persons personally liable for the
14mortgage indebtedness, unless they have entered their
15appearance in the foreclosure action.
16    (f) Satisfaction. Upon confirmation of the sale, the
17judgment stands satisfied to the extent of the sale price less
18expenses and costs. If the order confirming the sale includes a
19deficiency judgment, the judgment shall become a lien in the
20manner of any other judgment for the payment of money.
21    (g) The order confirming the sale shall include,
22notwithstanding any previous orders awarding possession during
23the pendency of the foreclosure, an award to the purchaser of
24possession of the mortgaged real estate, as of the date 30 days
25after the entry of the order, against the parties to the
26foreclosure whose interests have been terminated.

 

 

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1    An order of possession authorizing the removal of a person
2from possession of the mortgaged real estate shall be entered
3and enforced only against those persons personally named as
4individuals in the complaint or the petition under subsection
5(h) of Section 15-1701 and in the order of possession and shall
6not be entered and enforced against any person who is only
7generically described as an unknown owner or nonrecord claimant
8or by another generic designation in the complaint.
9    Notwithstanding the preceding paragraph, the failure to
10personally name, include, or seek an award of possession of the
11mortgaged real estate against a person in the confirmation
12order shall not abrogate any right that the purchaser may have
13to possession of the mortgaged real estate and to maintain a
14proceeding against that person for possession under Article 9
15of this Code or subsection (h) of Section 15-1701; and
16possession against a person who (1) has not been personally
17named as a party to the foreclosure and (2) has not been
18provided an opportunity to be heard in the foreclosure
19proceeding may be sought only by maintaining a proceeding under
20Article 9 of this Code or subsection (h) of Section 15-1701.
21    (h) With respect to mortgaged real estate containing 5 or
22more dwelling units, the order confirming the sale shall also
23provide that (i) the mortgagor shall transfer to the purchaser
24the security deposits, if any, that the mortgagor received to
25secure payment of rent or to compensate for damage to the
26mortgaged real estate from any current occupant of a dwelling

 

 

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1unit of the mortgaged real estate, as well as any statutory
2interest that has not been paid to the occupant, and (ii) the
3mortgagor shall provide an accounting of the security deposits
4that are transferred, including the name and address of each
5occupant for whom the mortgagor holds the deposit and the
6amount of the deposit and any statutory interest.
7(Source: P.A. 96-265, eff. 8-11-09; 96-856, eff. 3-1-10;
896-1245, eff. 7-23-10; 97-333, eff. 8-12-11; 97-575, eff.
98-26-11; 97-1159, eff. 1-29-13.)
 
10    (Text of Section after amendment by P.A. 97-1164)
11    Sec. 15-1508. Report of Sale and Confirmation of Sale.
12    (a) Report. The person conducting the sale shall promptly
13make a report to the court, which report shall include a copy
14of all receipts and, if any, certificate of sale.
15    (b) Hearing. Upon motion and notice in accordance with
16court rules applicable to motions generally, which motion shall
17not be made prior to sale, the court shall conduct a hearing to
18confirm the sale. Unless the court finds that (i) a notice
19required in accordance with subsection (c) of Section 15-1507
20was not given, (ii) the terms of sale were unconscionable,
21(iii) the sale was conducted fraudulently, or (iv) justice was
22otherwise not done, the court shall then enter an order
23confirming the sale. The confirmation order shall include a
24name, address, and telephone number of the holder of the
25certificate of sale or deed issued pursuant to that certificate

 

 

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1or, if no certificate or deed was issued, the purchaser, whom a
2municipality or county may contact with concerns about the real
3estate. The confirmation order may also:
4        (1) approve the mortgagee's fees and costs arising
5    between the entry of the judgment of foreclosure and the
6    confirmation hearing, those costs and fees to be allowable
7    to the same extent as provided in the note and mortgage and
8    in Section 15-1504;
9        (2) provide for a personal judgment against any party
10    for a deficiency; and
11        (3) determine the priority of the judgments of parties
12    who deferred proving the priority pursuant to subsection
13    (h) of Section 15-1506, but the court shall not defer
14    confirming the sale pending the determination of such
15    priority.
16    (b-3) Hearing to confirm sale of abandoned residential
17property. Upon motion and notice by first-class mail to the
18last known address of the mortgagor, which motion shall be made
19prior to the sale and heard by the court at the earliest
20practicable time after conclusion of the sale, and upon the
21posting at the property address of the notice required by
22paragraph (2) of subsection (l) of Section 15-1505.8, the court
23shall enter an order confirming the sale of the abandoned
24residential property, unless the court finds that a reason set
25forth in items (i) through (iv) of subsection (b) of this
26Section exists for not approving the sale, or an order is

 

 

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1entered pursuant to subsection (h) of Section 15-1505.8. The
2confirmation order also may address the matters identified in
3items (1) through (3) of subsection (b) of this Section. The
4notice required under subsection (b-5) of this Section shall
5not be required.
6    (b-5) Notice with respect to residential real estate. With
7respect to residential real estate, the notice required under
8subsection (b) of this Section shall be sent to the mortgagor
9even if the mortgagor has previously been held in default. In
10the event the mortgagor has filed an appearance, the notice
11shall be sent to the address indicated on the appearance. In
12all other cases, the notice shall be sent to the mortgagor at
13the common address of the foreclosed property. The notice shall
14be sent by first class mail. Unless the right to possession has
15been previously terminated by the court, the notice shall
16include the following language in 12-point boldface
17capitalized type:
18
IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO
19
REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF
20
POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE
21
ILLINOIS MORTGAGE FORECLOSURE LAW.
22    (b-10) Notice of confirmation order sent to municipality or
23county. A copy of the confirmation order required under
24subsection (b) shall be sent to the municipality in which the
25foreclosed property is located, or to the county within the
26boundary of which the foreclosed property is located if the

 

 

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1foreclosed property is located in an unincorporated territory.
2A municipality or county must clearly publish on its website a
3single address to which a copy of the order shall be sent. If a
4municipality or county does not maintain a website, then the
5municipality or county must publicly post in its main office a
6single address to which a copy of the order shall be sent. In
7the event that a municipality or county has not complied with
8the publication requirement in this subsection (b-10), then a
9copy of the order shall be sent by first class mail, postage
10prepaid, to the chairperson of the county board or county clerk
11in the case of a county, to the mayor or city clerk in the case
12of a city, to the president of the board of trustees or village
13clerk in the case of a village, or to the president or town
14clerk in the case of a town.
15    (b-15) Notice of confirmation order sent to known insurers.
16With respect to residential real estate, the party filing the
17complaint shall send a copy of the confirmation order required
18under subsection (b) by first class mail, postage prepaid, to
19the last known property insurer of the foreclosed property.
20Failure to send or receive a copy of the order shall not impair
21or abrogate in any way the rights of the mortgagee or purchaser
22or affect the status of the foreclosure proceedings.
23    (c) Failure to Give Notice. If any sale is held without
24compliance with subsection (c) of Section 15-1507 of this
25Article, any party entitled to the notice provided for in
26paragraph (3) of that subsection (c) who was not so notified

 

 

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1may, by motion supported by affidavit made prior to
2confirmation of such sale, ask the court which entered the
3judgment to set aside the sale. Any such party shall guarantee
4or secure by bond a bid equal to the successful bid at the
5prior sale, unless the party seeking to set aside the sale is
6the mortgagor, the real estate sold at the sale is residential
7real estate, and the mortgagor occupies the residential real
8estate at the time the motion is filed. In that event, no
9guarantee or bond shall be required of the mortgagor. Any
10subsequent sale is subject to the same notice requirement as
11the original sale.
12    (d) Validity of Sale. Except as provided in subsection (c)
13of Section 15-1508, no sale under this Article shall be held
14invalid or be set aside because of any defect in the notice
15thereof or in the publication of the same, or in the
16proceedings of the officer conducting the sale, except upon
17good cause shown in a hearing pursuant to subsection (b) of
18Section 15-1508. At any time after a sale has occurred, any
19party entitled to notice under paragraph (3) of subsection (c)
20of Section 15-1507 may recover from the mortgagee any damages
21caused by the mortgagee's failure to comply with such paragraph
22(3). Any party who recovers damages in a judicial proceeding
23brought under this subsection may also recover from the
24mortgagee the reasonable expenses of litigation, including
25reasonable attorney's fees.
26    (d-5) Making Home Affordable Program. The court that

 

 

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1entered the judgment shall set aside a sale held pursuant to
2Section 15-1507, upon motion of the mortgagor at any time prior
3to the confirmation of the sale, if the mortgagor proves by a
4preponderance of the evidence that (i) the mortgagor has
5applied for assistance under the Making Home Affordable Program
6established by the United States Department of the Treasury
7pursuant to the Emergency Economic Stabilization Act of 2008,
8as amended by the American Recovery and Reinvestment Act of
92009, and (ii) the mortgaged real estate was sold in material
10violation of the program's requirements for proceeding to a
11judicial sale. The provisions of this subsection (d-5), except
12for this sentence, shall become inoperative on January 1, 2014
13for all actions filed under this Article after December 31,
142013, in which the mortgagor did not apply for assistance under
15the Making Home Affordable Program on or before December 31,
162013.
17    (d-10) Illinois Hardest Hit Program. The court that entered
18the judgment shall set aside a sale held pursuant to Section
1915-1507 of this Act, upon motion of the mortgagor at any time
20prior to the confirmation of the sale, if the mortgagor proves
21by a preponderance of the evidence that (i) the mortgagor is
22receiving assistance under the Illinois Hardest Hit Program as
23created by 12 U.S.C. 5211 and 12 U.S.C. 5219, and administered
24by the Illinois Housing Development Authority pursuant to the
25Illinois Housing Development Act and (ii) the assistance
26received under part (i) of this subsection has enabled the

 

 

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1mortgagor to reinstate the mortgage pursuant to Section 15-1602
2of this Act and make continuing mortgage payments as available
3under the Illinois Hardest Hit Program to avoid default.
4Nothing in this subsection shall prohibit the mortgagee from
5proceeding in the foreclosure action upon a subsequent default
6of the mortgagor. Except for this sentence, this subsection is
7inoperative on and after January 1, 2017 for all actions filed
8under this Article after December 31, 2016 in which the
9mortgagor did not begin receiving the assistance described in
10this subsection under the Illinois Hardest Hit Program on or
11before December 31, 2016.
12    (e) Deficiency Judgment. In any order confirming a sale
13pursuant to the judgment of foreclosure, the court shall also
14enter a personal judgment for deficiency against any party (i)
15if otherwise authorized and (ii) to the extent requested in the
16complaint and proven upon presentation of the report of sale in
17accordance with Section 15-1508. Except as otherwise provided
18in this Article, a judgment may be entered for any balance of
19money that may be found due to the plaintiff, over and above
20the proceeds of the sale or sales, and enforcement may be had
21for the collection of such balance, the same as when the
22judgment is solely for the payment of money. Such judgment may
23be entered, or enforcement had, only in cases where personal
24service has been had upon the persons personally liable for the
25mortgage indebtedness, unless they have entered their
26appearance in the foreclosure action.

 

 

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1    (f) Satisfaction. Upon confirmation of the sale, the
2judgment stands satisfied to the extent of the sale price less
3expenses and costs. If the order confirming the sale includes a
4deficiency judgment, the judgment shall become a lien in the
5manner of any other judgment for the payment of money.
6    (g) The order confirming the sale shall include,
7notwithstanding any previous orders awarding possession during
8the pendency of the foreclosure, an award to the purchaser of
9possession of the mortgaged real estate, as of the date 30 days
10after the entry of the order, against the parties to the
11foreclosure whose interests have been terminated.
12    An order of possession authorizing the removal of a person
13from possession of the mortgaged real estate shall be entered
14and enforced only against those persons personally named as
15individuals in the complaint or the petition under subsection
16(h) of Section 15-1701 and in the order of possession and shall
17not be entered and enforced against any person who is only
18generically described as an unknown owner or nonrecord claimant
19or by another generic designation in the complaint.
20    Notwithstanding the preceding paragraph, the failure to
21personally name, include, or seek an award of possession of the
22mortgaged real estate against a person in the confirmation
23order shall not abrogate any right that the purchaser may have
24to possession of the mortgaged real estate and to maintain a
25proceeding against that person for possession under Article 9
26of this Code or subsection (h) of Section 15-1701; and

 

 

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1possession against a person who (1) has not been personally
2named as a party to the foreclosure and (2) has not been
3provided an opportunity to be heard in the foreclosure
4proceeding may be sought only by maintaining a proceeding under
5Article 9 of this Code or subsection (h) of Section 15-1701.
6    (h) With respect to mortgaged real estate containing 5 or
7more dwelling units, the order confirming the sale shall also
8provide that (i) the mortgagor shall transfer to the purchaser
9the security deposits, if any, that the mortgagor received to
10secure payment of rent or to compensate for damage to the
11mortgaged real estate from any current occupant of a dwelling
12unit of the mortgaged real estate, as well as any statutory
13interest that has not been paid to the occupant, and (ii) the
14mortgagor shall provide an accounting of the security deposits
15that are transferred, including the name and address of each
16occupant for whom the mortgagor holds the deposit and the
17amount of the deposit and any statutory interest.
18(Source: P.A. 96-265, eff. 8-11-09; 96-856, eff. 3-1-10;
1996-1245, eff. 7-23-10; 97-333, eff. 8-12-11; 97-575, eff.
208-26-11; 97-1159, eff. 1-29-13; 97-1164, eff. 6-1-13; revised
212-22-13.)
 
22    Section 20. The Illinois Marriage and Dissolution of
23Marriage Act is amended by changing Section 505 as follows:
 
24    (750 ILCS 5/505)  (from Ch. 40, par. 505)

 

 

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1    Sec. 505. Child support; contempt; penalties.
2    (a) In a proceeding for dissolution of marriage, legal
3separation, declaration of invalidity of marriage, a
4proceeding for child support following dissolution of the
5marriage by a court that lacked personal jurisdiction over the
6absent spouse, a proceeding for modification of a previous
7order for child support under Section 510 of this Act, or any
8proceeding authorized under Section 501 or 601 of this Act, the
9court may order either or both parents owing a duty of support
10to a child of the marriage to pay an amount reasonable and
11necessary for the support of the child, without regard to
12marital misconduct. The duty of support owed to a child
13includes the obligation to provide for the reasonable and
14necessary educational, physical, mental and emotional health
15needs of the child. For purposes of this Section, the term
16"child" shall include any child under age 18 and any child
17under age 19 who is still attending high school.
18        (1) The Court shall determine the minimum amount of
19    support by using the following guidelines:
20Number of ChildrenPercent of Supporting Party's
21Net Income
22120%
23228%
24332%
25440%
26545%

 

 

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16 or more50%
2        (2) The above guidelines shall be applied in each case
3    unless the court finds that a deviation from the guidelines
4    is appropriate after considering the best interest of the
5    child in light of the evidence, including, but not limited
6    to, one or more of the following relevant factors:
7            (a) the financial resources and needs of the child;
8            (b) the financial resources and needs of the
9        custodial parent;
10            (c) the standard of living the child would have
11        enjoyed had the marriage not been dissolved;
12            (d) the physical, mental, and emotional needs of
13        the child;
14            (d-5) the educational needs of the child; and
15            (e) the financial resources and needs of the
16        non-custodial parent.
17        If the court deviates from the guidelines, the court's
18    finding shall state the amount of support that would have
19    been required under the guidelines, if determinable. The
20    court shall include the reason or reasons for the variance
21    from the guidelines.
22        (2.5) The court, in its discretion, in addition to
23    setting child support pursuant to the guidelines and
24    factors, may order either or both parents owing a duty of
25    support to a child of the marriage to contribute to the
26    following expenses, if determined by the court to be

 

 

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1    reasonable:
2            (a) health needs not covered by insurance;
3            (b) child care;
4            (c) education; and
5            (d) extracurricular activities.
6        (3) "Net income" is defined as the total of all income
7    from all sources, minus the following deductions:
8            (a) Federal income tax (properly calculated
9        withholding or estimated payments);
10            (b) State income tax (properly calculated
11        withholding or estimated payments);
12            (c) Social Security (FICA payments);
13            (d) Mandatory retirement contributions required by
14        law or as a condition of employment;
15            (e) Union dues;
16            (f) Dependent and individual
17        health/hospitalization insurance premiums and premiums
18        for life insurance ordered by the court to reasonably
19        secure payment of ordered child support;
20            (g) Prior obligations of support or maintenance
21        actually paid pursuant to a court order;
22            (h) Expenditures for repayment of debts that
23        represent reasonable and necessary expenses for the
24        production of income, medical expenditures necessary
25        to preserve life or health, reasonable expenditures
26        for the benefit of the child and the other parent,

 

 

09800SB0629sam001- 22 -LRB098 04436 JLS 46035 a

1        exclusive of gifts. The court shall reduce net income
2        in determining the minimum amount of support to be
3        ordered only for the period that such payments are due
4        and shall enter an order containing provisions for its
5        self-executing modification upon termination of such
6        payment period;
7            (i) Foster care payments paid by the Department of
8        Children and Family Services for providing licensed
9        foster care to a foster child.
10        (4) In cases where the court order provides for
11    health/hospitalization insurance coverage pursuant to
12    Section 505.2 of this Act, the premiums for that insurance,
13    or that portion of the premiums for which the supporting
14    party is responsible in the case of insurance provided
15    through an employer's health insurance plan where the
16    employer pays a portion of the premiums, shall be
17    subtracted from net income in determining the minimum
18    amount of support to be ordered.
19        (4.5) In a proceeding for child support following
20    dissolution of the marriage by a court that lacked personal
21    jurisdiction over the absent spouse, and in which the court
22    is requiring payment of support for the period before the
23    date an order for current support is entered, there is a
24    rebuttable presumption that the supporting party's net
25    income for the prior period was the same as his or her net
26    income at the time the order for current support is

 

 

09800SB0629sam001- 23 -LRB098 04436 JLS 46035 a

1    entered.
2        (5) If the net income cannot be determined because of
3    default or any other reason, the court shall order support
4    in an amount considered reasonable in the particular case.
5    The final order in all cases shall state the support level
6    in dollar amounts. However, if the court finds that the
7    child support amount cannot be expressed exclusively as a
8    dollar amount because all or a portion of the payor's net
9    income is uncertain as to source, time of payment, or
10    amount, the court may order a percentage amount of support
11    in addition to a specific dollar amount and enter such
12    other orders as may be necessary to determine and enforce,
13    on a timely basis, the applicable support ordered.
14        (6) If (i) the non-custodial parent was properly served
15    with a request for discovery of financial information
16    relating to the non-custodial parent's ability to provide
17    child support, (ii) the non-custodial parent failed to
18    comply with the request, despite having been ordered to do
19    so by the court, and (iii) the non-custodial parent is not
20    present at the hearing to determine support despite having
21    received proper notice, then any relevant financial
22    information concerning the non-custodial parent's ability
23    to provide child support that was obtained pursuant to
24    subpoena and proper notice shall be admitted into evidence
25    without the need to establish any further foundation for
26    its admission.

 

 

09800SB0629sam001- 24 -LRB098 04436 JLS 46035 a

1    (a-5) In an action to enforce an order for support based on
2the respondent's failure to make support payments as required
3by the order, notice of proceedings to hold the respondent in
4contempt for that failure may be served on the respondent by
5personal service or by regular mail addressed to the
6respondent's last known address. The respondent's last known
7address may be determined from records of the clerk of the
8court, from the Federal Case Registry of Child Support Orders,
9or by any other reasonable means.
10    (b) Failure of either parent to comply with an order to pay
11support shall be punishable as in other cases of contempt. In
12addition to other penalties provided by law the Court may,
13after finding the parent guilty of contempt, order that the
14parent be:
15        (1) placed on probation with such conditions of
16    probation as the Court deems advisable;
17        (2) sentenced to periodic imprisonment for a period not
18    to exceed 6 months; provided, however, that the Court may
19    permit the parent to be released for periods of time during
20    the day or night to:
21            (A) work; or
22            (B) conduct a business or other self-employed
23        occupation.
24    The Court may further order any part or all of the earnings
25of a parent during a sentence of periodic imprisonment paid to
26the Clerk of the Circuit Court or to the parent having custody

 

 

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1or to the guardian having custody of the children of the
2sentenced parent for the support of said children until further
3order of the Court.
4    If either parent fails to pay support due to unemployment,
5then the court may not fine or sentence the parent to periodic
6imprisonment.
7    If a parent who is found guilty of contempt for failure to
8comply with an order to pay support is a person who conducts a
9business or who is self-employed, the court in addition to
10other penalties provided by law may order that the parent do
11one or more of the following: (i) provide to the court monthly
12financial statements showing income and expenses from the
13business or the self-employment; (ii) seek employment and
14report periodically to the court with a diary, listing, or
15other memorandum of his or her employment search efforts; or
16(iii) report to the Department of Employment Security for job
17search services to find employment that will be subject to
18withholding for child support.
19    If there is a unity of interest and ownership sufficient to
20render no financial separation between a non-custodial parent
21and another person or persons or business entity, the court may
22pierce the ownership veil of the person, persons, or business
23entity to discover assets of the non-custodial parent held in
24the name of that person, those persons, or that business
25entity. The following circumstances are sufficient to
26authorize a court to order discovery of the assets of a person,

 

 

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1persons, or business entity and to compel the application of
2any discovered assets toward payment on the judgment for
3support:
4        (1) the non-custodial parent and the person, persons,
5    or business entity maintain records together.
6        (2) the non-custodial parent and the person, persons,
7    or business entity fail to maintain an arm's length
8    relationship between themselves with regard to any assets.
9        (3) the non-custodial parent transfers assets to the
10    person, persons, or business entity with the intent to
11    perpetrate a fraud on the custodial parent.
12    With respect to assets which are real property, no order
13entered under this paragraph shall affect the rights of bona
14fide purchasers, mortgagees, judgment creditors, or other lien
15holders who acquire their interests in the property prior to
16the time a notice of lis pendens pursuant to the Code of Civil
17Procedure or a copy of the order is placed of record in the
18office of the recorder of deeds for the county in which the
19real property is located.
20    The court may also order in cases where the parent is 90
21days or more delinquent in payment of support or has been
22adjudicated in arrears in an amount equal to 90 days obligation
23or more, that the parent's Illinois driving privileges be
24suspended until the court determines that the parent is in
25compliance with the order of support. The court may also order
26that the parent be issued a family financial responsibility

 

 

09800SB0629sam001- 27 -LRB098 04436 JLS 46035 a

1driving permit that would allow limited driving privileges for
2employment and medical purposes in accordance with Section
37-702.1 of the Illinois Vehicle Code. The clerk of the circuit
4court shall certify the order suspending the driving privileges
5of the parent or granting the issuance of a family financial
6responsibility driving permit to the Secretary of State on
7forms prescribed by the Secretary. Upon receipt of the
8authenticated documents, the Secretary of State shall suspend
9the parent's driving privileges until further order of the
10court and shall, if ordered by the court, subject to the
11provisions of Section 7-702.1 of the Illinois Vehicle Code,
12issue a family financial responsibility driving permit to the
13parent.
14    In addition to the penalties or punishment that may be
15imposed under this Section, any person whose conduct
16constitutes a violation of Section 15 of the Non-Support
17Punishment Act may be prosecuted under that Act, and a person
18convicted under that Act may be sentenced in accordance with
19that Act. The sentence may include but need not be limited to a
20requirement that the person perform community service under
21Section 50 of that Act or participate in a work alternative
22program under Section 50 of that Act. A person may not be
23required to participate in a work alternative program under
24Section 50 of that Act if the person is currently participating
25in a work program pursuant to Section 505.1 of this Act.
26    A support obligation, or any portion of a support

 

 

09800SB0629sam001- 28 -LRB098 04436 JLS 46035 a

1obligation, which becomes due and remains unpaid as of the end
2of each month, excluding the child support that was due for
3that month to the extent that it was not paid in that month,
4shall accrue simple interest as set forth in Section 12-109 of
5the Code of Civil Procedure. An order for support entered or
6modified on or after January 1, 2006 shall contain a statement
7that a support obligation required under the order, or any
8portion of a support obligation required under the order, that
9becomes due and remains unpaid as of the end of each month,
10excluding the child support that was due for that month to the
11extent that it was not paid in that month, shall accrue simple
12interest as set forth in Section 12-109 of the Code of Civil
13Procedure. Failure to include the statement in the order for
14support does not affect the validity of the order or the
15accrual of interest as provided in this Section.
16    (c) A one-time charge of 20% is imposable upon the amount
17of past-due child support owed on July 1, 1988 which has
18accrued under a support order entered by the court. The charge
19shall be imposed in accordance with the provisions of Section
2010-21 of the Illinois Public Aid Code and shall be enforced by
21the court upon petition.
22    (d) Any new or existing support order entered by the court
23under this Section shall be deemed to be a series of judgments
24against the person obligated to pay support thereunder, each
25such judgment to be in the amount of each payment or
26installment of support and each such judgment to be deemed

 

 

09800SB0629sam001- 29 -LRB098 04436 JLS 46035 a

1entered as of the date the corresponding payment or installment
2becomes due under the terms of the support order. Each such
3judgment shall have the full force, effect and attributes of
4any other judgment of this State, including the ability to be
5enforced. Notwithstanding any other State or local law to the
6contrary, a lien arises by operation of law against the real
7and personal property of the noncustodial parent for each
8installment of overdue support owed by the noncustodial parent.
9    (e) When child support is to be paid through the clerk of
10the court in a county of 1,000,000 inhabitants or less, the
11order shall direct the obligor to pay to the clerk, in addition
12to the child support payments, all fees imposed by the county
13board under paragraph (3) of subsection (u) of Section 27.1 of
14the Clerks of Courts Act. Unless paid in cash or pursuant to an
15order for withholding, the payment of the fee shall be by a
16separate instrument from the support payment and shall be made
17to the order of the Clerk.
18    (f) All orders for support, when entered or modified, shall
19include a provision requiring the obligor to notify the court
20and, in cases in which a party is receiving child and spouse
21services under Article X of the Illinois Public Aid Code, the
22Department of Healthcare and Family Services, within 7 days,
23(i) of the name and address of any new employer of the obligor,
24(ii) whether the obligor has access to health insurance
25coverage through the employer or other group coverage and, if
26so, the policy name and number and the names of persons covered

 

 

09800SB0629sam001- 30 -LRB098 04436 JLS 46035 a

1under the policy, and (iii) of any new residential or mailing
2address or telephone number of the non-custodial parent. In any
3subsequent action to enforce a support order, upon a sufficient
4showing that a diligent effort has been made to ascertain the
5location of the non-custodial parent, service of process or
6provision of notice necessary in the case may be made at the
7last known address of the non-custodial parent in any manner
8expressly provided by the Code of Civil Procedure or this Act,
9which service shall be sufficient for purposes of due process.
10    (g) An order for support shall include a date on which the
11current support obligation terminates. The termination date
12shall be no earlier than the date on which the child covered by
13the order will attain the age of 18. However, if the child will
14not graduate from high school until after attaining the age of
1518, then the termination date shall be no earlier than the
16earlier of the date on which the child's high school graduation
17will occur or the date on which the child will attain the age
18of 19. The order for support shall state that the termination
19date does not apply to any arrearage that may remain unpaid on
20that date. Nothing in this subsection shall be construed to
21prevent the court from modifying the order or terminating the
22order in the event the child is otherwise emancipated.
23    (g-5) If there is an unpaid arrearage or delinquency (as
24those terms are defined in the Income Withholding for Support
25Act) equal to at least one month's support obligation on the
26termination date stated in the order for support or, if there

 

 

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1is no termination date stated in the order, on the date the
2child attains the age of majority or is otherwise emancipated,
3the periodic amount required to be paid for current support of
4that child immediately prior to that date shall automatically
5continue to be an obligation, not as current support but as
6periodic payment toward satisfaction of the unpaid arrearage or
7delinquency. That periodic payment shall be in addition to any
8periodic payment previously required for satisfaction of the
9arrearage or delinquency. The total periodic amount to be paid
10toward satisfaction of the arrearage or delinquency may be
11enforced and collected by any method provided by law for
12enforcement and collection of child support, including but not
13limited to income withholding under the Income Withholding for
14Support Act. Each order for support entered or modified on or
15after the effective date of this amendatory Act of the 93rd
16General Assembly must contain a statement notifying the parties
17of the requirements of this subsection. Failure to include the
18statement in the order for support does not affect the validity
19of the order or the operation of the provisions of this
20subsection with regard to the order. This subsection shall not
21be construed to prevent or affect the establishment or
22modification of an order for support of a minor child or the
23establishment or modification of an order for support of a
24non-minor child or educational expenses under Section 513 of
25this Act.
26    (h) An order entered under this Section shall include a

 

 

09800SB0629sam001- 32 -LRB098 04436 JLS 46035 a

1provision requiring the obligor to report to the obligee and to
2the clerk of court within 10 days each time the obligor obtains
3new employment, and each time the obligor's employment is
4terminated for any reason. The report shall be in writing and
5shall, in the case of new employment, include the name and
6address of the new employer. Failure to report new employment
7or the termination of current employment, if coupled with
8nonpayment of support for a period in excess of 60 days, is
9indirect criminal contempt. For any obligor arrested for
10failure to report new employment bond shall be set in the
11amount of the child support that should have been paid during
12the period of unreported employment. An order entered under
13this Section shall also include a provision requiring the
14obligor and obligee parents to advise each other of a change in
15residence within 5 days of the change except when the court
16finds that the physical, mental, or emotional health of a party
17or that of a child, or both, would be seriously endangered by
18disclosure of the party's address.
19    (i) The court does not lose the powers of contempt,
20driver's license suspension, or other child support
21enforcement mechanisms, including, but not limited to,
22criminal prosecution as set forth in this Act, upon the
23emancipation of the minor child or children.
24(Source: P.A. 96-1134, eff. 7-21-10; 97-186, eff. 7-22-11;
2597-608, eff. 1-1-12; 97-813, eff. 7-13-12; 97-878, eff. 8-2-12;
2697-941, eff. 1-1-13; 97-1029, eff. 1-1-13; revised 8-23-12.)
 

 

 

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1    Section 25. The Illinois Parentage Act of 1984 is amended
2by changing Section 15 as follows:
 
3    (750 ILCS 45/15)  (from Ch. 40, par. 2515)
4    Sec. 15. Enforcement of Judgment or Order.
5    (a) If existence of the parent and child relationship is
6declared, or paternity or duty of support has been established
7under this Act or under prior law or under the law of any other
8jurisdiction, the judgment rendered thereunder may be enforced
9in the same or other proceedings by any party or any person or
10agency that has furnished or may furnish financial assistance
11or services to the child. The Income Withholding for Support
12Act and Sections 14 and 16 of this Act shall also be applicable
13with respect to entry, modification and enforcement of any
14support judgment entered under provisions of the "Paternity
15Act", approved July 5, 1957, as amended, repealed July 1, 1985.
16    (b) Failure to comply with any order of the court shall be
17punishable as contempt as in other cases of failure to comply
18under the "Illinois Marriage and Dissolution of Marriage Act",
19as now or hereafter amended. In addition to other penalties
20provided by law, the court may, after finding the party guilty
21of contempt, order that the party be:
22        (1) Placed on probation with such conditions of
23    probation as the court deems advisable;
24        (2) Sentenced to periodic imprisonment for a period not

 

 

09800SB0629sam001- 34 -LRB098 04436 JLS 46035 a

1    to exceed 6 months. However, the court may permit the party
2    to be released for periods of time during the day or night
3    to work or conduct business or other self-employed
4    occupation. The court may further order any part of all the
5    earnings of a party during a sentence of periodic
6    imprisonment to be paid to the Clerk of the Circuit Court
7    or to the person or parent having custody of the minor
8    child for the support of said child until further order of
9    the court.
10    If either parent fails to pay support due to unemployment,
11then the court may not fine or sentence the parent to periodic
12imprisonment.
13        (2.5) The court may also pierce the ownership veil of a
14    person, persons, or business entity to discover assets of a
15    non-custodial parent held in the name of that person, those
16    persons, or that business entity if there is a unity of
17    interest and ownership sufficient to render no financial
18    separation between the non-custodial parent and that
19    person, those persons, or the business entity. The
20    following circumstances are sufficient for a court to order
21    discovery of the assets of a person, persons, or business
22    entity and to compel the application of any discovered
23    assets toward payment on the judgment for support:
24            (A) the non-custodial parent and the person,
25        persons, or business entity maintain records together.
26            (B) the non-custodial parent and the person,

 

 

09800SB0629sam001- 35 -LRB098 04436 JLS 46035 a

1        persons, or business entity fail to maintain an arms
2        length relationship between themselves with regard to
3        any assets.
4            (C) 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
8    order entered under this subdivision (2.5) shall affect the
9    rights of bona fide purchasers, mortgagees, judgment
10    creditors, or other lien holders who acquire their
11    interests in the property prior to the time a notice of lis
12    pendens pursuant to the Code of Civil Procedure or a copy
13    of the order is placed of record in the office of the
14    recorder of deeds for the county in which the real property
15    is located.
16        (3) The court may also order that in cases where the
17    party is 90 days or more delinquent in payment of support
18    or has been adjudicated in arrears in an amount equal to 90
19    days obligation or more, that the party's Illinois driving
20    privileges be suspended until the court determines that the
21    party is in compliance with the judgement or duty of
22    support. The court may also order that the parent be issued
23    a family financial responsibility driving permit that
24    would allow limited driving privileges for employment and
25    medical purposes in accordance with Section 7-702.1 of the
26    Illinois Vehicle Code. The clerk of the circuit court shall

 

 

09800SB0629sam001- 36 -LRB098 04436 JLS 46035 a

1    certify the order suspending the driving privileges of the
2    parent or granting the issuance of a family financial
3    responsibility driving permit to the Secretary of State on
4    forms prescribed by the Secretary. Upon receipt of the
5    authenticated documents, the Secretary of State shall
6    suspend the party's driving privileges until further order
7    of the court and shall, if ordered by the court, subject to
8    the provisions of Section 7-702.1 of the Illinois Vehicle
9    Code, issue a family financial responsibility driving
10    permit to the parent.
11    In addition to the penalties or punishment that may be
12imposed under this Section, any person whose conduct
13constitutes a violation of Section 15 of the Non-Support
14Punishment Act may be prosecuted under that Act, and a person
15convicted under that Act may be sentenced in accordance with
16that Act. The sentence may include but need not be limited to a
17requirement that the person perform community service under
18Section 50 of that Act or participate in a work alternative
19program under Section 50 of that Act. A person may not be
20required to participate in a work alternative program under
21Section 50 of that Act if the person is currently participating
22in a work program pursuant to Section 15.1 of this Act.
23    (b-5) If a party who is found guilty of contempt for a
24failure to comply with an order to pay support is a person who
25conducts a business or who is self-employed, the court may in
26addition to other penalties provided by law order that the

 

 

09800SB0629sam001- 37 -LRB098 04436 JLS 46035 a

1party do one or more of the following: (i) provide to the court
2monthly financial statements showing income and expenses from
3the business or the self-employment; (ii) seek employment and
4report periodically to the court with a diary, listing, or
5other memorandum of his or her employment search efforts; or
6(iii) report to the Department of Employment Security for job
7search services to find employment that will be subject to
8withholding of child support.
9    (c) In any post-judgment proceeding to enforce or modify
10the judgment the parties shall continue to be designated as in
11the original proceeding.
12(Source: P.A. 97-1029, eff. 1-1-13.)
 
13    Section 95. No acceleration or delay. Where this Act makes
14changes in a statute that is represented in this Act by text
15that is not yet or no longer in effect (for example, a Section
16represented by multiple versions), the use of that text does
17not accelerate or delay the taking effect of (i) the changes
18made by this Act or (ii) provisions derived from any other
19Public Act.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".