102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2110

 

Introduced 2/26/2021, by Sen. Karina Villa

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/10-1  from Ch. 23, par. 10-1
305 ILCS 5/10-2  from Ch. 23, par. 10-2
305 ILCS 5/10-17  from Ch. 23, par. 10-17
305 ILCS 5/10-17.05 new
750 ILCS 5/510  from Ch. 40, par. 510
750 ILCS 5/518 new
750 ILCS 5/519 new
750 ILCS 46/802
750 ILCS 46/906 new
750 ILCS 46/907 new

    Amends the Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, and the Illinois Parentage Act of 2015. Provides that the procedures, actions, and remedies in the amended Acts shall not be exclusive, but shall be available in addition to other actions and remedies of support, including remedies provided in specific other Acts. Provides that actions and remedies shall be cumulative and used in conjunction with one another. Provides that actions and remedies shall not require a custody/allocation of parental rights or visitation determination as a prerequisite to a determination of a support obligation. Makes other changes. Effective immediately.


LRB102 16311 LNS 21696 b

 

 

A BILL FOR

 

SB2110LRB102 16311 LNS 21696 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5changing Sections 10-1, 10-2, and 10-17 and by adding Section
610-17.05 as follows:
 
7    (305 ILCS 5/10-1)  (from Ch. 23, par. 10-1)
8    Sec. 10-1. Declaration of Public Policy - Persons Eligible
9for Child Support Enforcement Services - Fees for
10Non-Applicants and Non-Recipients.) It is the intent of this
11Code that the financial aid and social welfare services herein
12provided supplement rather than supplant the primary and
13continuing obligation of the family unit for self-support to
14the fullest extent permitted by the resources available to it.
15This primary and continuing obligation applies whether the
16family unit of parents and children or of husband and wife
17remains intact and resides in a common household or whether
18the unit has been broken by absence of one or more members of
19the unit. The obligation of the family unit is particularly
20applicable when a member is in necessitous circumstances and
21lacks the means of a livelihood compatible with health and
22well-being.
23    It is the purpose of this Article to provide for locating

 

 

SB2110- 2 -LRB102 16311 LNS 21696 b

1an absent parent or spouse, for determining his financial
2circumstances, and for enforcing his legal obligation of
3support, if he is able to furnish support, in whole or in part.
4The Department of Healthcare and Family Services shall give
5priority to establishing, enforcing and collecting the current
6support obligation, and then to past due support owed to the
7family unit, except with respect to collections effected
8through the intercept programs provided for in this Article.
9The establishment or enforcement actions provided in this
10Article do not require a previous court order for
11custody/allocation of parental responsibilities.
12    The child support enforcement services provided hereunder
13shall be furnished dependents of an absent parent or spouse
14who are applicants for or recipients of financial aid under
15this Code. It is not, however, a condition of eligibility for
16financial aid that there be no responsible relatives who are
17reasonably able to provide support. Nor, except as provided in
18Sections 4-1.7 and 10-8, shall the existence of such relatives
19or their payment of support contributions disqualify a needy
20person for financial aid.
21    By accepting financial aid under this Code, a spouse or a
22parent or other person having physical or legal custody of a
23child shall be deemed to have made assignment to the Illinois
24Department for aid under Articles III, IV, V and VII or to a
25local governmental unit for aid under Article VI of any and all
26rights, title, and interest in any support obligation,

 

 

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1including statutory interest thereon, up to the amount of
2financial aid provided. The rights to support assigned to the
3Department of Healthcare and Family Services (formerly
4Illinois Department of Public Aid) or local governmental unit
5shall constitute an obligation owed the State or local
6governmental unit by the person who is responsible for
7providing the support, and shall be collectible under all
8applicable processes.
9    The Department of Healthcare and Family Services shall
10also furnish the child support enforcement services
11established under this Article in behalf of persons who are
12not applicants for or recipients of financial aid under this
13Code in accordance with the requirements of Title IV, Part D of
14the Social Security Act. The Department may establish a
15schedule of reasonable fees, to be paid for the services
16provided and may deduct a collection fee, not to exceed 10% of
17the amount collected, from such collection. The Department of
18Healthcare and Family Services shall cause to be published and
19distributed publications reasonably calculated to inform the
20public that individuals who are not recipients of or
21applicants for public aid under this Code are eligible for the
22child support enforcement services under this Article X. Such
23publications shall set forth an explanation, in plain
24language, that the child support enforcement services program
25is independent of any public aid program under the Code and
26that the receiving of child support enforcement services in no

 

 

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1way implies that the person receiving such services is
2receiving public aid.
3(Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07.)
 
4    (305 ILCS 5/10-2)  (from Ch. 23, par. 10-2)
5    Sec. 10-2. Extent of Liability. A husband is liable for
6the support of his wife and a wife for the support of her
7husband. Unless the child is otherwise emancipated, the
8parents are severally liable for the support of any child
9under age 18, and for any child aged 18 who is attending high
10school, until that child graduates from high school, or
11attains the age of 19, whichever is earlier. The term "child"
12includes a child born out of wedlock, or legally adopted
13child.
14    The liability for the support of a child provided for in
15this Article does not require a previous court order for
16custody and is in conjunction with the guidelines set forth in
17Section 505 of the Illinois Marriage and Dissolution of
18Marriage Act, as provided for in Section 10-10 of this
19Article. The obligation to support contained in this Article
20is concurrent to any other appropriate State law.
21    This Article does not create, enlarge, abrogate, or
22diminish parental rights or duties under other laws of this
23State, including the common law.
24    An action to establish or enforce a support obligation,
25under this or any other Act providing for the support of a

 

 

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1child, may be brought subsequent to an adjudication dismissing
2that action based on any of the following reasons: (1) no duty
3of support exists under this Article because this Article
4requires a previous court order for custody/allocation of
5parental responsibilities (as no such requirement exists under
6this Act); (2) there is no common law duty of support (as a
7common law duty of support is recognized as a valid basis for
8child support); or (3) there is no duty of support under the
9Illinois Parentage Act of 2015 because a judgment of paternity
10results in a de facto custody/allocation of parental
11responsibilities order (as this ignores the cumulative nature
12of the Act and the plain language of the statute permitting an
13explicit reservation of the issue. The Illinois Parentage Act
14of 2015 will be clarified regarding a de factor
15custody/allocation of parental responsibilities order as it
16relates to the Uniform Interstate Family Support Act).
17    In addition to the primary obligation of support imposed
18upon responsible relatives, such relatives, if individually or
19together in any combination they have sufficient income or
20other resources to support a needy person, in whole or in part,
21shall be liable for any financial aid extended under this Code
22to a person for whose support they are responsible, including
23amounts expended for funeral and burial costs.
24(Source: P.A. 92-876, eff. 6-1-03.)
 
25    (305 ILCS 5/10-17)  (from Ch. 23, par. 10-17)

 

 

SB2110- 6 -LRB102 16311 LNS 21696 b

1    Sec. 10-17. Other Actions and Remedies for Support. The
2procedures, actions, and remedies provided in this Article
3shall in no way be exclusive, but shall be available in
4addition to other actions and remedies of support, including,
5but not by way of limitation, the remedies provided in (a) the
6Illinois Parentage Act of 2015; (b) (blank); the "Non-Support
7of Spouse and Children Act", approved June 24, 1915, as
8amended; (b-5) the Non-Support Punishment Act; and (c)
9(blank); (d) the Illinois Marriage and Dissolution of Marriage
10Act; (e) the Uniform Child-Custody Jurisdiction and
11Enforcement Act; (f) the Uniform Interstate Family Support
12Act; and (g) the common law. the "Revised Uniform Reciprocal
13Enforcement of Support Act", approved August 28, 1969, as
14amended.
15    This Article does not create, enlarge, abrogate, or
16diminish parental rights or duties under other laws of this
17State, including the common law.
18(Source: P.A. 99-85, eff. 1-1-16.)
 
19    (305 ILCS 5/10-17.05 new)
20    Sec. 10-17.05. Actions and remedies for support; other
21laws. Notwithstanding any other State or local law to the
22contrary, actions and remedies under this Article, the Uniform
23Interstate Family Support Act, or other State laws shall be
24cumulative and used in conjunction with one another, as
25appropriate. Actions and remedies under the Uniform Interstate

 

 

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1Family Support Act shall not require a custody or visitation
2determination as a prerequisite to a determination of a
3support obligation. If a custody or visitation determination
4is not permitted under the Uniform Interstate Family Support
5Act, the determination may be made under another appropriate
6State law if the court has authority to make the decision under
7the appropriate law.
 
8    Section 10. The Illinois Marriage and Dissolution of
9Marriage Act is amended by changing Section 510 and by adding
10Sections 518 and 519 as follows:
 
11    (750 ILCS 5/510)  (from Ch. 40, par. 510)
12    Sec. 510. Modification and termination of provisions for
13maintenance, support, educational expenses, and property
14disposition.
15    (a) Except as otherwise provided in paragraph (f) of
16Section 502 and in subsection (b), clause (3) of Section
17505.2, the provisions of any judgment respecting maintenance
18or support may be modified only as to installments accruing
19subsequent to due notice by the moving party of the filing of
20the motion for modification. An order for child support may be
21modified as follows:
22        (1) upon a showing of a substantial change in
23    circumstances; and
24        (2) without the necessity of showing a substantial

 

 

SB2110- 8 -LRB102 16311 LNS 21696 b

1    change in circumstances, as follows:
2            (A) upon a showing of an inconsistency of at least
3        20%, but no less than $10 per month, between the amount
4        of the existing order and the amount of child support
5        that results from application of the guidelines
6        specified in Section 505 of this Act unless the
7        inconsistency is due to the fact that the amount of the
8        existing order resulted from a deviation from the
9        guideline amount and there has not been a change in the
10        circumstances that resulted in that deviation; or
11            (B) upon a showing of a need to provide for the
12        health care needs of the child under the order through
13        health insurance or other means. In no event shall the
14        eligibility for or receipt of medical assistance be
15        considered to meet the need to provide for the child's
16        health care needs.
17    The provisions of subparagraph (a)(2)(A) shall apply only
18in cases in which a party is receiving child support
19enforcement services from the Department of Healthcare and
20Family Services under Article X of the Illinois Public Aid
21Code, and only when at least 36 months have elapsed since the
22order for child support was entered or last modified.
23    The court may grant a petition for modification that seeks
24to apply the changes made to subsection (a) of Section 505 by
25Public Act 99-764 to an order entered before the effective
26date of Public Act 99-764 only upon a finding of a substantial

 

 

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1change in circumstances that warrants application of the
2changes. The enactment of Public Act 99-764 itself does not
3constitute a substantial change in circumstances warranting a
4modification.
5    (a-5) An order for maintenance may be modified or
6terminated only upon a showing of a substantial change in
7circumstances. The court may grant a petition for modification
8that seeks to apply the changes made to Section 504 by this
9amendatory Act of the 100th General Assembly to an order
10entered before the effective date of this amendatory Act of
11the 100th General Assembly only upon a finding of a
12substantial change in circumstances that warrants application
13of the changes. The enactment of this amendatory Act of the
14100th General Assembly itself does not constitute a
15substantial change in circumstances warranting a modification.
16In all such proceedings, as well as in proceedings in which
17maintenance is being reviewed, the court shall consider the
18applicable factors set forth in subsection (a) of Section 504
19and the following factors:
20        (1) any change in the employment status of either
21    party and whether the change has been made in good faith;
22        (2) the efforts, if any, made by the party receiving
23    maintenance to become self-supporting, and the
24    reasonableness of the efforts where they are appropriate;
25        (3) any impairment of the present and future earning
26    capacity of either party;

 

 

SB2110- 10 -LRB102 16311 LNS 21696 b

1        (4) the tax consequences of the maintenance payments
2    upon the respective economic circumstances of the parties;
3        (5) the duration of the maintenance payments
4    previously paid (and remaining to be paid) relative to the
5    length of the marriage;
6        (6) the property, including retirement benefits,
7    awarded to each party under the judgment of dissolution of
8    marriage, judgment of legal separation, or judgment of
9    declaration of invalidity of marriage and the present
10    status of the property;
11        (7) the increase or decrease in each party's income
12    since the prior judgment or order from which a review,
13    modification, or termination is being sought;
14        (8) the property acquired and currently owned by each
15    party after the entry of the judgment of dissolution of
16    marriage, judgment of legal separation, or judgment of
17    declaration of invalidity of marriage; and
18        (9) any other factor that the court expressly finds to
19    be just and equitable.
20    (a-6) (Blank).
21    (b) The provisions as to property disposition may not be
22revoked or modified, unless the court finds the existence of
23conditions that justify the reopening of a judgment under the
24laws of this State.
25    (c) Unless otherwise agreed by the parties in a written
26agreement set forth in the judgment or otherwise approved by

 

 

SB2110- 11 -LRB102 16311 LNS 21696 b

1the court, the obligation to pay future maintenance is
2terminated upon the death of either party, or the remarriage
3of the party receiving maintenance, or if the party receiving
4maintenance cohabits with another person on a resident,
5continuing conjugal basis. An obligor's obligation to pay
6maintenance or unallocated maintenance terminates by operation
7of law on the date the obligee remarries or the date the court
8finds cohabitation began. The obligor is entitled to
9reimbursement for all maintenance paid from that date forward.
10Any termination of an obligation for maintenance as a result
11of the death of the obligor, however, shall be inapplicable to
12any right of the other party or such other party's designee to
13receive a death benefit under such insurance on the obligor's
14life. An obligee must advise the obligor of his or her
15intention to marry at least 30 days before the remarriage,
16unless the decision is made within this time period. In that
17event, he or she must notify the obligor within 72 hours of
18getting married.
19    (c-5) In an adjudicated case, the court shall make
20specific factual findings as to the reason for the
21modification as well as the amount, nature, and duration of
22the modified maintenance award.
23    (d) Unless otherwise provided in this Act, or as agreed in
24writing or expressly provided in the judgment, provisions for
25the support of a child are terminated by emancipation of the
26child, or if the child has attained the age of 18 and is still

 

 

SB2110- 12 -LRB102 16311 LNS 21696 b

1attending high school, provisions for the support of the child
2are terminated upon the date that the child graduates from
3high school or the date the child attains the age of 19,
4whichever is earlier, but not by the death of a parent
5obligated to support or educate the child. An existing
6obligation to pay for support or educational expenses, or
7both, is not terminated by the death of a parent. When a parent
8obligated to pay support or educational expenses, or both,
9dies, the amount of support or educational expenses, or both,
10may be enforced, modified, revoked or commuted to a lump sum
11payment, as equity may require, and that determination may be
12provided for at the time of the dissolution of the marriage or
13thereafter.
14    (e) The right to petition for support or educational
15expenses, or both, under Sections 505, 513, and 513.5 is not
16extinguished by the death of a parent. Upon a petition filed
17before or after a parent's death, the court may award sums of
18money out of the decedent's estate for the child's support or
19educational expenses, or both, as equity may require. The time
20within which a claim may be filed against the estate of a
21decedent under Sections 505 and 513 and subsection (d) and
22this subsection shall be governed by the provisions of the
23Probate Act of 1975, as a barrable, noncontingent claim.
24    (f) A petition to modify or terminate child support or the
25allocation of parental responsibilities, including parenting
26time, shall not delay any child support enforcement litigation

 

 

SB2110- 13 -LRB102 16311 LNS 21696 b

1or supplementary proceeding on behalf of the obligee,
2including, but not limited to, a petition for a rule to show
3cause, for non-wage garnishment, or for a restraining order.
4(Source: P.A. 99-90, eff. 1-1-16; 99-764, eff. 7-1-17; 100-15,
5eff. 7-1-17; 100-201, eff. 8-18-17; 100-923, eff. 1-1-19.)
 
6    (750 ILCS 5/518 new)
7    Sec. 518. Other actions and remedies for support. The
8procedures, actions, and remedies provided in this Act shall
9in no way be exclusive, but shall be available in addition to
10other actions and remedies of support, including, but not
11limited to, the remedies provided in: (a) the Illinois
12Parentage Act of 2015; (b) the Non-Support Punishment Act; (c)
13the Illinois Public Aid Code; (d) the Uniform Child-Custody
14Jurisdiction and Enforcement Act; (e) the Uniform Interstate
15Family Support Act; and (f) the common law.
16    This Act does not create, enlarge, abrogate, or diminish
17parental rights or duties under other laws of this State,
18including the common law.
 
19    (750 ILCS 5/519 new)
20    Sec. 519. Actions and remedies for support; other laws.
21Notwithstanding any other State or local law to the contrary,
22actions and remedies under this Act, the Uniform Interstate
23Family Support Act, or other State laws shall be cumulative
24and used in conjunction with one another, as appropriate.

 

 

SB2110- 14 -LRB102 16311 LNS 21696 b

1Actions and remedies under the Uniform Interstate Family
2Support Act shall not require a custody or visitation
3determination as a prerequisite to a determination of a
4support obligation. If a custody or visitation determination
5is not permitted under the Uniform Interstate Family Support
6Act, the determination may be made under another appropriate
7State law if the court has authority to make the decision under
8the appropriate law.
 
9    Section 15. The Illinois Parentage Act of 2015 is amended
10by changing Section 802 and by adding Sections 906 and 907 as
11follows:
 
12    (750 ILCS 46/802)
13    Sec. 802. Judgment.
14    (a) The court shall issue an order adjudicating whether a
15person alleged or claiming to be the parent is the parent of
16the child. An order adjudicating parentage must identify the
17child by name and date of birth.
18    The court may assess filing fees, reasonable attorney's
19fees, fees for genetic testing, other costs, necessary travel
20expenses, and other reasonable expenses incurred in a
21proceeding under this Act. The court may award attorney's
22fees, which may be paid directly to the attorney, who may
23enforce the order in the attorney's own name. The court may not
24assess fees, costs, or expenses against the

 

 

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1support-enforcement agency of this State or another state,
2except as provided by other law.
3    The judgment shall contain or explicitly reserve
4provisions concerning any duty and amount of child support and
5may contain or explicitly reserve provisions concerning the
6allocation of parental responsibilities or guardianship of the
7child, parenting time privileges with the child, and the
8furnishing of bond or other security for the payment of the
9judgment, which the court shall determine in accordance with
10the relevant factors set forth in the Illinois Marriage and
11Dissolution of Marriage Act and any other applicable law of
12this State, to guide the court in a finding in the best
13interests of the child. In determining the allocation of
14parental responsibilities, relocation, parenting time,
15parenting time interference, support for a non-minor disabled
16child, educational expenses for a non-minor child, and related
17post-judgment issues, the court shall apply the relevant
18standards of the Illinois Marriage and Dissolution of Marriage
19Act. Specifically, in determining the amount of a child
20support award, the court shall use the guidelines and
21standards set forth in subsection (a) of Section 505 and in
22Section 505.2 of the Illinois Marriage and Dissolution of
23Marriage Act. The court shall order all child support
24payments, determined in accordance with such guidelines, to
25commence with the date summons is served. The level of current
26periodic support payments shall not be reduced because of

 

 

SB2110- 16 -LRB102 16311 LNS 21696 b

1payments set for the period prior to the date of entry of the
2support order.
3    (b) In an action brought within 2 years after a child's
4birth, the judgment or order may direct either parent to pay
5the reasonable expenses incurred by either parent or the
6Department of Healthcare and Family Services related to the
7mother's pregnancy and the delivery of the child.
8    (c) In the absence of an explicit order or judgment for the
9allocation of parental responsibilities, to the extent the
10court has authority under the Uniform Child-Custody
11Jurisdiction and Enforcement Act or any other appropriate
12State law, the establishment of a child support obligation or
13the allocation of parenting time to one parent shall be
14construed as an order or judgment allocating all parental
15responsibilities to the other parent. If the parentage order
16or judgment contains no such provisions, all parental
17responsibilities shall be presumed to be allocated to the
18mother; however, the presumption shall not apply if the child
19has resided primarily with the other parent for at least 6
20months prior to the date that the mother seeks to enforce the
21order or judgment of parentage.
22    (c-5) Notwithstanding the limitations regarding the
23establishment of custody under the Uniform Interstate Family
24Support Act, that Act is not exclusive, and custody/allocation
25of parental responsibilities may be determined concurrently
26under other appropriate State laws, where this determination

 

 

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1may be validly made.
2    (d) The court, if necessary to protect and promote the
3best interests of the child, may set aside a portion of the
4separately held estates of the parties in a separate fund or
5trust for the support, education, physical and mental health,
6and general welfare of a minor or mentally or physically
7disabled child of the parties.
8    (e) The court may order child support payments to be made
9for a period prior to the commencement of the action. In
10determining whether and to what extent the payments shall be
11made for the prior period, the court shall consider all
12relevant facts, including but not limited to:
13        (1) The factors for determining the amount of support
14    specified in the Illinois Marriage and Dissolution of
15    Marriage Act.
16        (2) The prior knowledge of the person obligated to pay
17    support of the fact and circumstances of the child's
18    birth.
19        (3) The father's prior willingness or refusal to help
20    raise or support the child.
21        (4) The extent to which the mother or the public
22    agency bringing the action previously informed the person
23    obligated to pay support of the child's needs or attempted
24    to seek or require the help of the person obligated to pay
25    support in raising or supporting the child.
26        (5) The reasons the mother or the public agency did

 

 

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1    not file the action earlier.
2        (6) The extent to which the person obligated to pay
3    support would be prejudiced by the delay in bringing the
4    action.
5    For purposes of determining the amount of child support to
6be paid for the period before the date the order for current
7child support is entered, there is a rebuttable presumption
8that the net income of the person obligated to pay support for
9the prior period was the same as the net income of the person
10obligated to pay support at the time the order for current
11child support is entered.
12    If (i) the person obligated to pay support was properly
13served with a request for discovery of financial information
14relating to the ability to provide child support of the person
15obligated to pay support; (ii) the person obligated to pay
16support failed to comply with the request, despite having been
17ordered to do so by the court; and (iii) the person obligated
18to pay support is not present at the hearing to determine
19support despite having received proper notice, then any
20relevant financial information concerning the ability to
21provide child support of the person obligated to pay support
22that was obtained pursuant to subpoena and proper notice shall
23be admitted into evidence without the need to establish any
24further foundation for its admission.
25    (f) A new or existing support order entered by the court
26under this Section shall be deemed to be a series of judgments

 

 

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1against the person obligated to pay support thereunder, each
2judgment to be in the amount of each payment or installment of
3support and each judgment to be deemed entered as of the date
4the corresponding payment or installment becomes due under the
5terms of the support order. Each judgment shall have the full
6force, effect, and attributes of any other judgment of this
7State, including the ability to be enforced. A judgment under
8this Section is subject to modification or termination only in
9accordance with Section 510 of the Illinois Marriage and
10Dissolution of Marriage Act. Notwithstanding any State or
11local law to the contrary, a lien arises by operation of law
12against the real and personal property of the noncustodial
13parent for each installment of overdue support owed by the
14noncustodial parent.
15    (g) If the judgment or order of the court is at variance
16with the child's birth certificate, the court shall order that
17a new birth certificate be issued under the Vital Records Act.
18    (h) On the request of both parents, the court shall order a
19change in the child's name.
20    (i) After hearing evidence, the court may stay payment of
21support during the period of the father's minority or period
22of disability.
23    (j) If, upon a showing of proper service, the father fails
24to appear in court or otherwise appear as provided by law, the
25court may proceed to hear the cause upon testimony of the
26mother or other parties taken in open court and shall enter a

 

 

SB2110- 20 -LRB102 16311 LNS 21696 b

1judgment by default. The court may reserve any order as to the
2amount of child support until the father has received notice,
3by regular mail, of a hearing on the matter.
4    (k) An order for support, when entered or modified, shall
5include a provision requiring the non-custodial parent to
6notify the court and, in cases in which a party is receiving
7child support enforcement services under Article X of the
8Illinois Public Aid Code, the Department of Healthcare and
9Family Services, within 7 days: (i) of the name and address of
10any new employer of the non-custodial parent; (ii) whether the
11non-custodial parent has access to health insurance coverage
12through the employer or other group coverage and, if so, of the
13policy name and number and the names of adults and initials of
14minors covered under the policy; and (iii) of any new
15residential or mailing address or telephone number of the
16non-custodial parent. In a subsequent action to enforce a
17support order, upon a sufficient showing that a diligent
18effort has been made to ascertain the location of the
19non-custodial parent, service of process or provision of
20notice necessary in the case may be made at the last known
21address of the non-custodial parent in any manner expressly
22provided by this Act or the Code of Civil Procedure, and shall
23be sufficient for purposes of due process.
24    (l) An order for support shall include a date on which the
25current support obligation terminates. The termination date
26shall be no earlier than the date on which the child covered by

 

 

SB2110- 21 -LRB102 16311 LNS 21696 b

1the order will attain the age of 18. However, if the child will
2not graduate from high school until after attaining the age of
318, then the termination date shall be no earlier than the
4earlier of the date on which the child's high school
5graduation will occur or the date on which the child will
6attain the age of 19. The order for support shall state that
7the termination date does not apply to any arrearage that may
8remain unpaid on that date. Nothing in this subsection shall
9be construed to prevent the court from modifying the order or
10terminating the order in the event the child is otherwise
11emancipated.
12    (m) If there is an unpaid arrearage or delinquency (as
13those terms are defined in the Income Withholding for Support
14Act) equal to at least one month's support obligation on the
15termination date stated in the order for support or, if there
16is no termination date stated in the order, on the date the
17child attains the age of majority or is otherwise emancipated,
18the periodic amount required to be paid for current support of
19that child immediately prior to that date shall automatically
20continue to be an obligation, not as current support but as
21periodic payment toward satisfaction of the unpaid arrearage
22or delinquency. The periodic payment shall be in addition to
23any periodic payment previously required for satisfaction of
24the arrearage or delinquency. The total periodic amount to be
25paid toward satisfaction of the arrearage or delinquency may
26be enforced and collected by any method provided by law for

 

 

SB2110- 22 -LRB102 16311 LNS 21696 b

1enforcement and collection of child support, including but not
2limited to income withholding under the Income Withholding for
3Support Act. Each order for support entered or modified must
4contain a statement notifying the parties of the requirements
5of this subsection. Failure to include the statement in the
6order for support does not affect the validity of the order or
7the operation of the provisions of this subsection with regard
8to the order. This subsection shall not be construed to
9prevent or affect the establishment or modification of an
10order for support of a minor child or the establishment or
11modification of an order for support of a non-minor child or
12educational expenses under Section 513 of the Illinois
13Marriage and Dissolution of Marriage Act.
14    (n) An order entered under this Section shall include a
15provision requiring the obligor to report to the obligee and
16to the clerk of court within 7 days each time the obligor
17obtains new employment, and each time the obligor's employment
18is terminated for any reason. The report shall be in writing
19and shall, in the case of new employment, include the name and
20address of the new employer. Failure to report new employment
21or the termination of current employment, if coupled with
22nonpayment of support for a period in excess of 60 days, is
23indirect criminal contempt. For an obligor arrested for
24failure to report new employment, bond shall be set in the
25amount of the child support that should have been paid during
26the period of unreported employment. An order entered under

 

 

SB2110- 23 -LRB102 16311 LNS 21696 b

1this Section shall also include a provision requiring the
2obligor and obligee parents to advise each other of a change in
3residence within 5 days of the change except when the court
4finds that the physical, mental, or emotional health of a
5party or that of a minor child, or both, would be seriously
6endangered by disclosure of the party's address.
7(Source: P.A. 99-85, eff. 1-1-16; 99-769, eff. 1-1-17.)
 
8    (750 ILCS 46/906 new)
9    Sec. 906. Other actions and remedies for support. The
10procedures, actions, and remedies provided in this Act shall
11in no way be exclusive, but shall be available in addition to
12other actions and remedies of support, including, but not
13limited to, the remedies provided in: (a) the Illinois
14Marriage and Dissolution of Marriage Act; (b) the Non-Support
15Punishment Act; (c) the Illinois Public Aid Code; (d) the
16Uniform Child-Custody Jurisdiction and Enforcement Act; (e)
17the Uniform Interstate Family Support Act; and (f) the common
18law.
19    This Act does not create, enlarge, abrogate, or diminish
20parental rights or duties under other laws of this State,
21including the common law.
 
22    (750 ILCS 46/907 new)
23    Sec. 907. Actions and remedies for support; other laws.
24Notwithstanding any other State or local law to the contrary,

 

 

SB2110- 24 -LRB102 16311 LNS 21696 b

1actions and remedies under this Act, the Uniform Interstate
2Family Support Act, or other State laws shall be cumulative
3and used in conjunction with one another, as appropriate.
4Actions and remedies under the Uniform Interstate Family
5Support Act shall not require a custody or visitation
6determination as a prerequisite to a determination of a
7support obligation. If a custody or visitation determination
8is not permitted under the Uniform Interstate Family Support
9Act, the determination may be made under another appropriate
10State law if the court has authority to make the decision under
11the appropriate law.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.