103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4074

 

Introduced 5/9/2023, by Rep. Terra Costa Howard

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 5/504  from Ch. 40, par. 504
750 ILCS 5/505  from Ch. 40, par. 505

    Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that when maintenance or child support is paid through the clerk of the circuit court in a county of 500,000 inhabitants or less, the order shall direct the obligor to pay to the clerk all fees imposed by the county board under a debt collection provision of the Clerks of Court Act.


LRB103 32266 LNS 61521 b

 

 

A BILL FOR

 

HB4074LRB103 32266 LNS 61521 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 Marriage and Dissolution of
5Marriage Act is amended by changing Sections 504 and 505 as
6follows:
 
7    (750 ILCS 5/504)  (from Ch. 40, par. 504)
8    Sec. 504. Maintenance.
9    (a) Entitlement to maintenance. In a proceeding for
10dissolution of marriage, legal separation, declaration of
11invalidity of marriage, or dissolution of a civil union, a
12proceeding for maintenance following a legal separation or
13dissolution of the marriage or civil union by a court which
14lacked personal jurisdiction over the absent spouse, a
15proceeding for modification of a previous order for
16maintenance under Section 510 of this Act, or any proceeding
17authorized under Section 501 of this Act, the court may grant a
18maintenance award for either spouse in amounts and for periods
19of time as the court deems just, without regard to marital
20misconduct, and the maintenance may be paid from the income or
21property of the other spouse. The court shall first make a
22finding as to whether a maintenance award is appropriate,
23after consideration of all relevant factors, including:

 

 

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1        (1) the income and property of each party, including
2    marital property apportioned and non-marital property
3    assigned to the party seeking maintenance as well as all
4    financial obligations imposed on the parties as a result
5    of the dissolution of marriage;
6        (2) the needs of each party;
7        (3) the realistic present and future earning capacity
8    of each party;
9        (4) any impairment of the present and future earning
10    capacity of the party seeking maintenance due to that
11    party devoting time to domestic duties or having forgone
12    or delayed education, training, employment, or career
13    opportunities due to the marriage;
14        (5) any impairment of the realistic present or future
15    earning capacity of the party against whom maintenance is
16    sought;
17        (6) the time necessary to enable the party seeking
18    maintenance to acquire appropriate education, training,
19    and employment, and whether that party is able to support
20    himself or herself through appropriate employment;
21        (6.1) the effect of any parental responsibility
22    arrangements and its effect on a party's ability to seek
23    or maintain employment;
24        (7) the standard of living established during the
25    marriage;
26        (8) the duration of the marriage;

 

 

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1        (9) the age, health, station, occupation, amount and
2    sources of income, vocational skills, employability,
3    estate, liabilities, and the needs of each of the parties;
4        (10) all sources of public and private income
5    including, without limitation, disability and retirement
6    income;
7        (11) the tax consequences to each party;
8        (12) contributions and services by the party seeking
9    maintenance to the education, training, career or career
10    potential, or license of the other spouse;
11        (13) any valid agreement of the parties; and
12        (14) any other factor that the court expressly finds
13    to be just and equitable.
14    (b) (Blank).
15    (b-1) Amount and duration of maintenance. Unless the court
16finds that a maintenance award is appropriate, it shall bar
17maintenance as to the party seeking maintenance regardless of
18the length of the marriage at the time the action was
19commenced. Only if the court finds that a maintenance award is
20appropriate, the court shall order guideline maintenance in
21accordance with paragraph (1) or non-guideline maintenance in
22accordance with paragraph (2) of this subsection (b-1). If the
23application of guideline maintenance results in a combined
24maintenance and child support obligation that exceeds 50% of
25the payor's net income, the court may determine non-guideline
26maintenance in accordance with paragraph (2) of this

 

 

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1subsection (b-1), non-guideline child support in accordance
2with paragraph (3.4) of subsection (a) of Section 505, or
3both.
4        (1) Maintenance award in accordance with guidelines.
5    If the combined gross annual income of the parties is less
6    than $500,000 and the payor has no obligation to pay child
7    support or maintenance or both from a prior relationship,
8    maintenance payable after the date the parties' marriage
9    is dissolved shall be in accordance with subparagraphs (A)
10    and (B) of this paragraph (1), unless the court makes a
11    finding that the application of the guidelines would be
12    inappropriate.
13            (A) The amount of maintenance under this paragraph
14        (1) shall be calculated by taking 33 1/3% of the
15        payor's net annual income minus 25% of the payee's net
16        annual income. The amount calculated as maintenance,
17        however, when added to the net income of the payee,
18        shall not result in the payee receiving an amount that
19        is in excess of 40% of the combined net income of the
20        parties.
21            (A-1) Modification of maintenance orders entered
22        before January 1, 2019 that are and continue to be
23        eligible for inclusion in the gross income of the
24        payee for federal income tax purposes and deductible
25        by the payor shall be calculated by taking 30% of the
26        payor's gross annual income minus 20% of the payee's

 

 

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1        gross annual income, unless both parties expressly
2        provide otherwise in the modification order. The
3        amount calculated as maintenance, however, when added
4        to the gross income of the payee, may not result in the
5        payee receiving an amount that is in excess of 40% of
6        the combined gross income of the parties.
7            (B) The duration of an award under this paragraph
8        (1) shall be calculated by multiplying the length of
9        the marriage at the time the action was commenced by
10        whichever of the following factors applies: less than
11        5 years (.20); 5 years or more but less than 6 years
12        (.24); 6 years or more but less than 7 years (.28); 7
13        years or more but less than 8 years (.32); 8 years or
14        more but less than 9 years (.36); 9 years or more but
15        less than 10 years (.40); 10 years or more but less
16        than 11 years (.44); 11 years or more but less than 12
17        years (.48); 12 years or more but less than 13 years
18        (.52); 13 years or more but less than 14 years (.56);
19        14 years or more but less than 15 years (.60); 15 years
20        or more but less than 16 years (.64); 16 years or more
21        but less than 17 years (.68); 17 years or more but less
22        than 18 years (.72); 18 years or more but less than 19
23        years (.76); 19 years or more but less than 20 years
24        (.80). For a marriage of 20 or more years, the court,
25        in its discretion, shall order maintenance for a
26        period equal to the length of the marriage or for an

 

 

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1        indefinite term.
2        (1.5) In the discretion of the court, any term of
3    temporary maintenance paid by court order under Section
4    501 may be a corresponding credit to the duration of
5    maintenance set forth in subparagraph (b-1)(1)(B).
6        (2) Maintenance award not in accordance with
7    guidelines. Any non-guidelines award of maintenance shall
8    be made after the court's consideration of all relevant
9    factors set forth in subsection (a) of this Section.
10    (b-2) Findings. In each case involving the issue of
11maintenance, the court shall make specific findings of fact,
12as follows:
13        (1) the court shall state its reasoning for awarding
14    or not awarding maintenance and shall include references
15    to each relevant factor set forth in subsection (a) of
16    this Section;
17        (2) if the court deviates from applicable guidelines
18    under paragraph (1) of subsection (b-1), it shall state in
19    its findings the amount of maintenance (if determinable)
20    or duration that would have been required under the
21    guidelines and the reasoning for any variance from the
22    guidelines; and
23        (3) the court shall state whether the maintenance is
24    fixed-term, indefinite, reviewable, or reserved by the
25    court.
26    (b-3) Gross income. For purposes of this Section, the term

 

 

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1"gross income" means all income from all sources, within the
2scope of that phrase in Section 505 of this Act, except
3maintenance payments in the pending proceedings shall not be
4included.
5    (b-3.5) Net income. As used in this Section, "net income"
6has the meaning provided in Section 505 of this Act, except
7maintenance payments in the pending proceedings shall not be
8included.
9    (b-4) Modification of maintenance orders entered before
10January 1, 2019. For any order for maintenance or unallocated
11maintenance and child support entered before January 1, 2019
12that is modified after December 31, 2018, payments thereunder
13shall continue to retain the same tax treatment for federal
14income tax purposes unless both parties expressly agree
15otherwise and the agreement is included in the modification
16order.
17    (b-4.5) Maintenance designation.
18        (1) Fixed-term maintenance. If a court grants
19    maintenance for a fixed term, the court shall designate
20    the termination of the period during which this
21    maintenance is to be paid. Maintenance is barred after the
22    end of the period during which fixed-term maintenance is
23    to be paid.
24        (2) Indefinite maintenance. If a court grants
25    maintenance for an indefinite term, the court shall not
26    designate a termination date. Indefinite maintenance shall

 

 

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1    continue until modification or termination under Section
2    510.
3        (3) Reviewable maintenance. If a court grants
4    maintenance for a specific term with a review, the court
5    shall designate the period of the specific term and state
6    that the maintenance is reviewable. Upon review, the court
7    shall make a finding in accordance with subdivision (b-8)
8    of this Section, unless the maintenance is modified or
9    terminated under Section 510.
10    (b-5) Interest on maintenance. Any maintenance obligation
11including any unallocated maintenance and child support
12obligation, or any portion of any support obligation, that
13becomes due and remains unpaid shall accrue simple interest as
14set forth in Section 505 of this Act.
15    (b-7) Maintenance judgments. Any new or existing
16maintenance order including any unallocated maintenance and
17child support order entered by the court under this Section
18shall be deemed to be a series of judgments against the person
19obligated to pay support thereunder. Each such judgment to be
20in the amount of each payment or installment of support and
21each such judgment to be deemed entered as of the date the
22corresponding payment or installment becomes due under the
23terms of the support order, except no judgment shall arise as
24to any installment coming due after the termination of
25maintenance as provided by Section 510 of the Illinois
26Marriage and Dissolution of Marriage Act or the provisions of

 

 

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1any order for maintenance. Each such judgment shall have the
2full force, effect and attributes of any other judgment of
3this State, including the ability to be enforced.
4Notwithstanding any other State or local law to the contrary,
5a lien arises by operation of law against the real and personal
6property of the obligor for each installment of overdue
7support owed by the obligor.
8    (b-8) Review of maintenance. Upon review of any previously
9ordered maintenance award, the court may extend maintenance
10for further review, extend maintenance for a fixed
11non-modifiable term, extend maintenance for an indefinite
12term, or permanently terminate maintenance in accordance with
13subdivision (b-1)(1)(A) of this Section.
14    (c) Maintenance during an appeal. The court may grant and
15enforce the payment of maintenance during the pendency of an
16appeal as the court shall deem reasonable and proper.
17    (d) Maintenance during imprisonment. No maintenance shall
18accrue during the period in which a party is imprisoned for
19failure to comply with the court's order for the payment of
20such maintenance.
21    (e) Fees when maintenance is paid through the clerk. When
22maintenance is to be paid through the clerk of the court in a
23county of 500,000 inhabitants or less, the order shall direct
24the obligor to pay to the clerk, in addition to the maintenance
25payments, all fees imposed by the county board under paragraph
26(2) of subsection (j-5) of Section 27.1b paragraph (4) of

 

 

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1subsection (bb) of Section 27.1a of the Clerks of Courts Act.
2When maintenance is to be paid through the clerk of the court
3in a county of more than 500,000 but less than 3,000,000
4inhabitants, the order shall direct the obligor to pay to the
5clerk, in addition to the maintenance payments, all fees
6imposed by the county board under paragraph (4) of subsection
7(bb) of Section 27.2 of the Clerks of Courts Act. Unless paid
8in cash or pursuant to an order for withholding, the payment of
9the fee shall be by a separate instrument from the support
10payment and shall be made to the order of the Clerk.
11    (f) Maintenance secured by life insurance. An award
12ordered by a court upon entry of a dissolution judgment or upon
13entry of an award of maintenance following a reservation of
14maintenance in a dissolution judgment may be reasonably
15secured, in whole or in part, by life insurance on the payor's
16life on terms as to which the parties agree or, if the parties
17do not agree, on such terms determined by the court, subject to
18the following:
19        (1) With respect to existing life insurance, provided
20    the court is apprised through evidence, stipulation, or
21    otherwise as to level of death benefits, premium, and
22    other relevant data and makes findings relative thereto,
23    the court may allocate death benefits, the right to assign
24    death benefits, or the obligation for future premium
25    payments between the parties as it deems just.
26        (2) To the extent the court determines that its award

 

 

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1    should be secured, in whole or in part, by new life
2    insurance on the payor's life, the court may only order:
3            (i) that the payor cooperate on all appropriate
4        steps for the payee to obtain such new life insurance;
5        and
6            (ii) that the payee, at his or her sole option and
7        expense, may obtain such new life insurance on the
8        payor's life up to a maximum level of death benefit
9        coverage, or descending death benefit coverage, as is
10        set by the court, such level not to exceed a reasonable
11        amount in light of the court's award, with the payee or
12        the payee's designee being the beneficiary of such
13        life insurance.
14    In determining the maximum level of death benefit
15    coverage, the court shall take into account all relevant
16    facts and circumstances, including the impact on access to
17    life insurance by the maintenance payor. If in resolving
18    any issues under paragraph (2) of this subsection (f) a
19    court reviews any submitted or proposed application for
20    new insurance on the life of a maintenance payor, the
21    review shall be in camera.
22        (3) (Blank).
23(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17;
24100-520, eff. 1-1-18 (see Section 5 of P.A. 100-565 for the
25effective date of P.A. 100-520); 100-923, eff. 1-1-19.)
 

 

 

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1    (750 ILCS 5/505)  (from Ch. 40, par. 505)
2    Sec. 505. Child support; contempt; penalties.
3    (a) In a proceeding for dissolution of marriage, legal
4separation, declaration of invalidity of marriage, or
5dissolution of a civil union, a proceeding for child support
6following a legal separation or dissolution of the marriage or
7civil union by a court that lacked personal jurisdiction over
8the absent spouse, a proceeding for modification of a previous
9order for child support under Section 510 of this Act, or any
10proceeding authorized under Section 501 or 601 of this Act,
11the court may order either or both parents owing a duty of
12support to a child of the marriage or civil union to pay an
13amount reasonable and necessary for support. The duty of
14support owed to a child includes the obligation to provide for
15the reasonable and necessary physical, mental and emotional
16health needs of the child. For purposes of this Section, the
17term "child" shall include any child under age 18 and any child
18age 19 or younger who is still attending high school. For
19purposes of this Section, the term "obligor" means the parent
20obligated to pay support to the other parent.
21        (1) Child support guidelines. The Illinois Department
22    of Healthcare and Family Services shall adopt rules
23    establishing child support guidelines which include
24    worksheets to aid in the calculation of the child support
25    obligations and a schedule of basic child support
26    obligations that reflects the percentage of combined net

 

 

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1    income that parents living in the same household in this
2    State ordinarily spend on their child. The child support
3    guidelines have the following purposes:
4            (A) to establish as State policy an adequate
5        standard of support for a child, subject to the
6        ability of parents to pay;
7            (B) to make child support obligations more
8        equitable by ensuring more consistent treatment of
9        parents in similar circumstances;
10            (C) to improve the efficiency of the court process
11        by promoting settlements and giving courts and the
12        parties guidance in establishing levels of child
13        support;
14            (D) to calculate child support based upon the
15        parents' combined net income estimated to have been
16        allocated for the support of the child if the parents
17        and child were living in an intact household;
18            (E) to adjust child support based upon the needs
19        of the child; and
20            (F) to allocate the amount of child support to be
21        paid by each parent based upon a parent's net income
22        and the child's physical care arrangements.
23        (1.5) Computation of basic child support obligation.
24    The court shall compute the basic child support obligation
25    by taking the following steps:
26            (A) determine each parent's monthly net income;

 

 

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1            (B) add the parents' monthly net incomes together
2        to determine the combined monthly net income of the
3        parents;
4            (C) select the corresponding appropriate amount
5        from the schedule of basic child support obligations
6        based on the parties' combined monthly net income and
7        number of children of the parties; and
8            (D) calculate each parent's percentage share of
9        the basic child support obligation.
10        Although a monetary obligation is computed for each
11    parent as child support, the receiving parent's share is
12    not payable to the other parent and is presumed to be spent
13    directly on the child.
14        (2) Duty of support. The court shall determine child
15    support in each case by applying the child support
16    guidelines unless the court makes a finding that
17    application of the guidelines would be inappropriate,
18    after considering the best interests of the child and
19    evidence which shows relevant factors including, but not
20    limited to, one or more of the following:
21            (A) the financial resources and needs of the
22        child;
23            (B) the financial resources and needs of the
24        parents;
25            (C) the standard of living the child would have
26        enjoyed had the marriage or civil union not been

 

 

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1        dissolved; and
2            (D) the physical and emotional condition of the
3        child and his or her educational needs.
4        (3) Income.
5            (A) As used in this Section, "gross income" means
6        the total of all income from all sources, except
7        "gross income" does not include (i) benefits received
8        by the parent from means-tested public assistance
9        programs, including, but not limited to, Temporary
10        Assistance for Needy Families, Supplemental Security
11        Income, and the Supplemental Nutrition Assistance
12        Program or (ii) benefits and income received by the
13        parent for other children in the household, including,
14        but not limited to, child support, survivor benefits,
15        and foster care payments. Social security disability
16        and retirement benefits paid for the benefit of the
17        subject child must be included in the disabled or
18        retired parent's gross income for purposes of
19        calculating the parent's child support obligation, but
20        the parent is entitled to a child support credit for
21        the amount of benefits paid to the other party for the
22        child. "Gross income" includes maintenance treated as
23        taxable income for federal income tax purposes to the
24        payee and received pursuant to a court order in the
25        pending proceedings or any other proceedings and shall
26        be included in the payee's gross income for purposes

 

 

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1        of calculating the parent's child support obligation.
2            (B) As used in this Section, "net income" means
3        gross income minus either the standardized tax amount
4        calculated pursuant to subparagraph (C) of this
5        paragraph (3) or the individualized tax amount
6        calculated pursuant to subparagraph (D) of this
7        paragraph (3), and minus any adjustments pursuant to
8        subparagraph (F) of this paragraph (3). The
9        standardized tax amount shall be used unless the
10        requirements for an individualized tax amount set
11        forth in subparagraph (E) of this paragraph (3) are
12        met. "Net income" includes maintenance not includable
13        in the gross taxable income of the payee for federal
14        income tax purposes under a court order in the pending
15        proceedings or any other proceedings and shall be
16        included in the payee's net income for purposes of
17        calculating the parent's child support obligation.
18            (C) As used in this Section, "standardized tax
19        amount" means the total of federal and state income
20        taxes for a single person claiming the standard tax
21        deduction, one personal exemption, and the applicable
22        number of dependency exemptions for the minor child or
23        children of the parties, and Social Security and
24        Medicare tax calculated at the Federal Insurance
25        Contributions Act rate.
26                (I) Unless a court has determined otherwise or

 

 

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1            the parties otherwise agree, the party with the
2            majority of parenting time shall be deemed
3            entitled to claim the dependency exemption for the
4            parties' minor child.
5                (II) The Illinois Department of Healthcare and
6            Family Services shall promulgate a standardized
7            net income conversion table that computes net
8            income by deducting the standardized tax amount
9            from gross income.
10            (D) As used in this Section, "individualized tax
11        amount" means the aggregate of the following taxes:
12                (I) federal income tax (properly calculated
13            withholding or estimated payments);
14                (II) State income tax (properly calculated
15            withholding or estimated payments); and
16                (III) Social Security or self-employment tax,
17            if applicable (or, if none, mandatory retirement
18            contributions required by law or as a condition of
19            employment) and Medicare tax calculated at the
20            Federal Insurance Contributions Act rate.
21            (E) In lieu of a standardized tax amount, a
22        determination of an individualized tax amount may be
23        made under items (I), (II), or (III) below. If an
24        individualized tax amount determination is made under
25        this subparagraph (E), all relevant tax attributes
26        (including filing status, allocation of dependency

 

 

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1        exemptions, and whether a party is to claim the use of
2        the standard deduction or itemized deductions for
3        federal income tax purposes) shall be as the parties
4        agree or as the court determines. To determine a
5        party's reported income, the court may order the party
6        to complete an Internal Revenue Service Form 4506-T,
7        Request for Tax Transcript.
8                (I) Agreement. Irrespective of whether the
9            parties agree on any other issue before the court,
10            if they jointly stipulate for the record their
11            concurrence on a computation method for the
12            individualized tax amount that is different from
13            the method set forth under subparagraph (D), the
14            stipulated method shall be used by the court
15            unless the court rejects the proposed stipulated
16            method for good cause.
17                (II) Summary hearing. If the court determines
18            child support in a summary hearing under Section
19            501 and an eligible party opts in to the
20            individualized tax amount method under this item
21            (II), the individualized tax amount shall be
22            determined by the court on the basis of
23            information contained in one or both parties'
24            Supreme Court approved Financial Affidavit (Family &
25             Divorce Cases) and relevant supporting documents
26            under applicable court rules. No party, however,

 

 

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1            is eligible to opt in unless the party, under
2            applicable court rules, has served the other party
3            with the required Supreme Court approved Financial
4            Affidavit (Family & Divorce Cases) and has
5            substantially produced supporting documents
6            required by the applicable court rules.
7                (III) Evidentiary hearing. If the court
8            determines child support in an evidentiary
9            hearing, whether for purposes of a temporary order
10            or at the conclusion of a proceeding, item (II) of
11            this subparagraph (E) does not apply. In each such
12            case (unless item (I) governs), the individualized
13            tax amount shall be as determined by the court on
14            the basis of the record established.
15            (F) Adjustments to income.
16                (I) Multi-family adjustment. If a parent is
17            also legally responsible for support of a child
18            not shared with the other parent and not subject
19            to the present proceeding, there shall be an
20            adjustment to net income as follows:
21                    (i) Multi-family adjustment with court
22                order. The court shall deduct from the
23                parent's net income the amount of child
24                support actually paid by the parent pursuant
25                to a support order unless the court makes a
26                finding that it would cause economic hardship

 

 

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1                to the child.
2                    (ii) Multi-family adjustment without court
3                order. Upon the request or application of a
4                parent actually supporting a presumed,
5                acknowledged, or adjudicated child living in
6                or outside of that parent's household, there
7                shall be an adjustment to child support. The
8                court shall deduct from the parent's net
9                income the amount of financial support
10                actually paid by the parent for the child or
11                75% of the support the parent should pay under
12                the child support guidelines (before this
13                adjustment), whichever is less, unless the
14                court makes a finding that it would cause
15                economic hardship to the child. The adjustment
16                shall be calculated using that parent's income
17                alone.
18                (II) Spousal Maintenance adjustment.
19            Obligations pursuant to a court order for spousal
20            maintenance in the pending proceeding actually
21            paid or payable to the same party to whom child
22            support is to be payable or actually paid to a
23            former spouse pursuant to a court order shall be
24            deducted from the parent's after-tax income,
25            unless the maintenance obligation is tax
26            deductible to the payor for federal income tax

 

 

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1            purposes, in which case it shall be deducted from
2            the payor's gross income for purposes of
3            calculating the parent's child support obligation.
4        (3.1) Business income. For purposes of calculating
5    child support, net business income from the operation of a
6    business means gross receipts minus ordinary and necessary
7    expenses required to carry on the trade or business. As
8    used in this paragraph, "business" includes, but is not
9    limited to, sole proprietorships, closely held
10    corporations, partnerships, other flow-through business
11    entities, and self-employment. The court shall apply the
12    following:
13            (A) The accelerated component of depreciation and
14        any business expenses determined either judicially or
15        administratively to be inappropriate or excessive
16        shall be excluded from the total of ordinary and
17        necessary business expenses to be deducted in the
18        determination of net business income from gross
19        business income.
20            (B) Any item of reimbursement or in-kind payment
21        received by a parent from a business, including, but
22        not limited to, a company car, reimbursed meals, free
23        housing, or a housing allowance, shall be counted as
24        income if not otherwise included in the recipient's
25        gross income, if the item is significant in amount and
26        reduces personal expenses.

 

 

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1        (3.2) Unemployment or underemployment. If a parent is
2    voluntarily unemployed or underemployed, child support
3    shall be calculated based on a determination of potential
4    income. A determination of potential income shall be made
5    by determining employment potential and probable earnings
6    level based on the obligor's work history, occupational
7    qualifications, prevailing job opportunities, the
8    ownership by a parent of a substantial non-income
9    producing asset, and earnings levels in the community. If
10    there is insufficient work history to determine employment
11    potential and probable earnings level, there shall be a
12    rebuttable presumption that the parent's potential income
13    is 75% of the most recent United States Department of
14    Health and Human Services Federal Poverty Guidelines for a
15    family of one person.
16        (3.3) Rebuttable presumption in favor of guidelines.
17    There is a rebuttable presumption in any judicial or
18    administrative proceeding for child support that the
19    amount of the child support obligation that would result
20    from the application of the child support guidelines is
21    the correct amount of child support.
22        (3.3a) Minimum child support obligation. There is a
23    rebuttable presumption that a minimum child support
24    obligation of $40 per month, per child, will be entered
25    for an obligor who has actual or imputed gross income at or
26    less than 75% of the most recent United States Department

 

 

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1    of Health and Human Services Federal Poverty Guidelines
2    for a family of one person, with a maximum total child
3    support obligation for that obligor of $120 per month to
4    be divided equally among all of the obligor's children.
5        (3.3b) Zero dollar child support order. For parents
6    with no gross income, who receive only means-tested
7    assistance, or who cannot work due to a medically proven
8    disability, incarceration, or institutionalization, there
9    is a rebuttable presumption that the $40 per month minimum
10    support order is inapplicable and a zero dollar order
11    shall be entered.
12        (3.4) Deviation factors. In any action to establish or
13    modify child support, whether pursuant to a temporary or
14    final administrative or court order, the child support
15    guidelines shall be used as a rebuttable presumption for
16    the establishment or modification of the amount of child
17    support. The court may deviate from the child support
18    guidelines if the application would be inequitable,
19    unjust, or inappropriate. Any deviation from the
20    guidelines shall be accompanied by written findings by the
21    court specifying the reasons for the deviation and the
22    presumed amount under the child support guidelines without
23    a deviation. These reasons may include:
24            (A) extraordinary medical expenditures necessary
25        to preserve the life or health of a party or a child of
26        either or both of the parties;

 

 

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1            (B) additional expenses incurred for a child
2        subject to the child support order who has special
3        medical, physical, or developmental needs; and
4            (C) any other factor the court determines should
5        be applied upon a finding that the application of the
6        child support guidelines would be inappropriate, after
7        considering the best interest of the child.
8        (3.5) Income in excess of the schedule of basic child
9    support obligation. A court may use its discretion to
10    determine child support if the combined adjusted net
11    income of the parties exceeds the highest level of the
12    schedule of basic child support obligation, except that
13    the basic child support obligation shall not be less than
14    the highest level of combined net income set forth in the
15    schedule of basic child support obligation.
16        (3.6) Extracurricular activities and school expenses.
17    The court, in its discretion, in addition to the basic
18    child support obligation, may order either or both parents
19    owing a duty of support to the child to contribute to the
20    reasonable school and extracurricular activity expenses
21    incurred which are intended to enhance the educational,
22    athletic, social, or cultural development of the child.
23        (3.7) Child care expenses. The court, in its
24    discretion, in addition to the basic child support
25    obligation, may order either or both parents owing a duty
26    of support to the child to contribute to the reasonable

 

 

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1    child care expenses of the child. The child care expenses
2    shall be made payable directly to a party or directly to
3    the child care provider at the time of child care
4    services.
5            (A) "Child care expenses" means actual expenses
6        reasonably necessary to enable a parent or non-parent
7        custodian to be employed, to attend educational or
8        vocational training programs to improve employment
9        opportunities, or to search for employment. "Child
10        care expenses" also includes deposits for securing
11        placement in a child care program, the cost of before
12        and after school care, and camps when school is not in
13        session. A child's special needs shall be a
14        consideration in determining reasonable child care
15        expenses.
16            (B) Child care expenses shall be prorated in
17        proportion to each parent's percentage share of
18        combined net income, and may be added to the basic
19        child support obligation if not paid directly by each
20        parent to the provider of child care services. The
21        obligor's and obligee's portion of actual child care
22        expenses shall appear in the support order. If
23        allowed, the value of the federal income tax credit
24        for child care shall be subtracted from the actual
25        cost to determine the net child care costs.
26            (C) The amount of child care expenses shall be

 

 

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1        adequate to obtain reasonable and necessary child
2        care. The actual child care expenses shall be used to
3        calculate the child care expenses, if available. When
4        actual child care expenses vary, the actual child care
5        expenses may be averaged over the most recent 12-month
6        period. When a parent is temporarily unemployed or
7        temporarily not attending educational or vocational
8        training programs, future child care expenses shall be
9        based upon prospective expenses to be incurred upon
10        return to employment or educational or vocational
11        training programs.
12            (D) An order for child care expenses may be
13        modified upon a showing of a substantial change in
14        circumstances. The party incurring child care expenses
15        shall notify the other party within 14 days of any
16        change in the amount of child care expenses that would
17        affect the annualized child care amount as determined
18        in the support order.
19        (3.8) Shared physical care. If each parent exercises
20    146 or more overnights per year with the child, the basic
21    child support obligation is multiplied by 1.5 to calculate
22    the shared care child support obligation. The court shall
23    determine each parent's share of the shared care child
24    support obligation based on the parent's percentage share
25    of combined net income. The child support obligation is
26    then computed for each parent by multiplying that parent's

 

 

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1    portion of the shared care support obligation by the
2    percentage of time the child spends with the other parent.
3    The respective child support obligations are then offset,
4    with the parent owing more child support paying the
5    difference between the child support amounts. The Illinois
6    Department of Healthcare and Family Services shall
7    promulgate a worksheet to calculate child support in cases
8    in which the parents have shared physical care and use the
9    standardized tax amount to determine net income.
10        (3.9) Split physical care. When there is more than one
11    child and each parent has physical care of at least one but
12    not all of the children, the support is calculated by
13    using 2 child support worksheets to determine the support
14    each parent owes the other. The support shall be
15    calculated as follows:
16            (A) compute the support the first parent would owe
17        to other parent as if the child in his or her care was
18        the only child of the parties; then
19            (B) compute the support the other parent would owe
20        to the first parent as if the child in his or her care
21        were the only child of the parties; then
22            (C) subtract the lesser support obligation from
23        the greater.
24        The parent who owes the greater obligation shall be
25    ordered to pay the difference in support to the other
26    parent, unless the court determines, pursuant to other

 

 

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1    provisions of this Section, that it should deviate from
2    the guidelines.
3        (4) Health care to be addressed by the court.
4            (A) A portion of the basic child support
5        obligation is intended to cover basic ordinary
6        out-of-pocket medical expenses. The court, in its
7        discretion, in addition to the basic child support
8        obligation, shall also provide for the child's current
9        and future medical needs by ordering either or both
10        parents to initiate health insurance coverage for the
11        child through currently effective health insurance
12        policies held by the parent or parents, purchase one
13        or more or all health, dental, or vision insurance
14        policies for the child, or provide for the child's
15        current and future medical needs through some other
16        manner.
17            (B) The court, in its discretion, may order either
18        or both parents to contribute to the reasonable health
19        care needs of the child not covered by insurance,
20        including, but not limited to, unreimbursed medical,
21        dental, orthodontic, or vision expenses and any
22        prescription medication for the child not covered
23        under the child's health insurance.
24            (C) If neither parent has access to appropriate
25        private health insurance coverage, the court may
26        order:

 

 

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1                (I) one or both parents to provide health
2            insurance coverage at any time it becomes
3            available at a reasonable cost; or
4                (II) the parent or non-parent custodian with
5            primary physical responsibility for the child to
6            apply for public health insurance coverage for the
7            child and require either or both parents to pay a
8            reasonable amount of the cost of health insurance
9            for the child.
10            The order may also provide that any time private
11        health insurance coverage is available at a reasonable
12        cost to that party it will be provided instead of cash
13        medical support. As used in this Section, "cash
14        medical support" means an amount ordered to be paid
15        toward the cost of health insurance provided by a
16        public entity or by another person through employment
17        or otherwise or for other medical costs not covered by
18        insurance.
19            (D) The amount to be added to the basic child
20        support obligation shall be the actual amount of the
21        total health insurance premium that is attributable to
22        the child who is the subject of the order. If this
23        amount is not available or cannot be verified, the
24        total cost of the health insurance premium shall be
25        divided by the total number of persons covered by the
26        policy. The cost per person derived from this

 

 

HB4074- 30 -LRB103 32266 LNS 61521 b

1        calculation shall be multiplied by the number of
2        children who are the subject of the order and who are
3        covered under the health insurance policy. This amount
4        shall be added to the basic child support obligation
5        and shall be allocated between the parents in
6        proportion to their respective net incomes.
7            (E) After the health insurance premium for the
8        child is added to the basic child support obligation
9        and allocated between the parents in proportion to
10        their respective incomes for child support purposes,
11        if the obligor is paying the premium, the amount
12        calculated for the obligee's share of the health
13        insurance premium for the child shall be deducted from
14        the obligor's share of the total child support
15        obligation. If the obligee is paying for private
16        health insurance for the child, the child support
17        obligation shall be increased by the obligor's share
18        of the premium payment. The obligor's and obligee's
19        portion of health insurance costs shall appear in the
20        support order.
21            (F) Prior to allowing the health insurance
22        adjustment, the parent requesting the adjustment must
23        submit proof that the child has been enrolled in a
24        health insurance plan and must submit proof of the
25        cost of the premium. The court shall require the
26        parent receiving the adjustment to annually submit

 

 

HB4074- 31 -LRB103 32266 LNS 61521 b

1        proof of continued coverage of the child to the other
2        parent, or as designated by the court.
3            (G) A reasonable cost for providing health
4        insurance coverage for the child may not exceed 5% of
5        the providing parent's gross income. Parents with a
6        net income below 133% of the most recent United States
7        Department of Health and Human Services Federal
8        Poverty Guidelines or whose child is covered by
9        Medicaid based on that parent's income may not be
10        ordered to contribute toward or provide private
11        coverage, unless private coverage is obtainable
12        without any financial contribution by that parent.
13            (H) If dental or vision insurance is included as
14        part of the employer's medical plan, the coverage
15        shall be maintained for the child. If not included in
16        the employer's medical plan, adding the dental or
17        vision insurance for the child is at the discretion of
18        the court.
19            (I) If a parent has been directed to provide
20        health insurance pursuant to this paragraph and that
21        parent's spouse or legally recognized partner provides
22        the insurance for the benefit of the child either
23        directly or through employment, a credit on the child
24        support worksheet shall be given to that parent in the
25        same manner as if the premium were paid by that parent.
26        (4.5) In a proceeding for child support following

 

 

HB4074- 32 -LRB103 32266 LNS 61521 b

1    dissolution of the marriage or civil union by a court that
2    lacked personal jurisdiction over the absent spouse, and
3    in which the court is requiring payment of support for the
4    period before the date an order for current support is
5    entered, there is a rebuttable presumption that the
6    obligor's net income for the prior period was the same as
7    his or her net income at the time the order for current
8    support is entered.
9        (5) If the net income cannot be determined because of
10    default or any other reason, the court shall order support
11    in an amount considered reasonable in the particular case.
12    The final order in all cases shall state the support level
13    in dollar amounts. However, if the court finds that the
14    child support amount cannot be expressed exclusively as a
15    dollar amount because all or a portion of the obligor's
16    net income is uncertain as to source, time of payment, or
17    amount, the court may order a percentage amount of support
18    in addition to a specific dollar amount and enter such
19    other orders as may be necessary to determine and enforce,
20    on a timely basis, the applicable support ordered.
21        (6) If (i) the obligor was properly served with a
22    request for discovery of financial information relating to
23    the obligor's ability to provide child support, (ii) the
24    obligor failed to comply with the request, despite having
25    been ordered to do so by the court, and (iii) the obligor
26    is not present at the hearing to determine support despite

 

 

HB4074- 33 -LRB103 32266 LNS 61521 b

1    having received proper notice, then any relevant financial
2    information concerning the obligor's ability to provide
3    child support that was obtained pursuant to subpoena and
4    proper notice shall be admitted into evidence without the
5    need to establish any further foundation for its
6    admission.
7    (a-3) Life insurance to secure support. At the discretion
8of the court, a child support obligation pursuant to this
9Section and Sections 510, 513, and 513.5 of this Act may be
10secured, in whole or in part, by reasonably affordable life
11insurance on the life of one or both parents on such terms as
12the parties agree or as the court orders. The court may require
13such insurance remain in full force and effect until the
14termination of all obligations of support, subject to the
15following:
16        (1) Existing life insurance. The court shall be
17    apprised through evidence, stipulation, or otherwise as to
18    the level, ownership, and type of existing life insurance
19    death benefit coverage available to one or both parents,
20    the cost of the premiums, cost ratings, and escalations
21    and assignment of the policy, if applicable, and all other
22    relevant circumstances. The court shall make findings
23    relative thereto.
24        (2) New life insurance. The court shall be apprised
25    through evidence, stipulation, or otherwise as to the
26    availability of obtaining reasonably affordable new life

 

 

HB4074- 34 -LRB103 32266 LNS 61521 b

1    insurance. To the extent the court determines that the
2    support obligations should be secured, in whole or in
3    part, by new life insurance on the life of one or both
4    parents, the court may order that one or both parents
5    comply with all requirements to obtain such new life
6    insurance through employment, trade union, fraternal
7    organizations, associations, or individual means.
8        In determining the level and type of death benefits
9    coverage to be obtained by a parent, the court shall
10    consider access and availability of life insurance to that
11    parent, the cost of the premium, cost ratings, and
12    escalations, if applicable, and all other relevant
13    circumstances.
14        (3) Other security. If life insurance is unavailable
15    to a parent, the court, in its discretion, or as agreed to
16    by the parties, may order other equitable and reasonable
17    means to secure a child support obligation.
18    (a-5) In an action to enforce an order for child support
19based on the obligor's failure to make support payments as
20required by the order, notice of proceedings to hold the
21obligor in contempt for that failure may be served on the
22obligor by personal service or by regular mail addressed to
23the last known address of the obligor. The last known address
24of the obligor may be determined from records of the clerk of
25the court, from the Federal Case Registry of Child Support
26Orders, or by any other reasonable means.

 

 

HB4074- 35 -LRB103 32266 LNS 61521 b

1    (b) Failure of either parent to comply with an order to pay
2support shall be punishable as in other cases of contempt. In
3addition to other penalties provided by law the court may,
4after finding the parent guilty of contempt, order that the
5parent be:
6        (1) placed on probation with such conditions of
7    probation as the court deems advisable;
8        (2) sentenced to periodic imprisonment for a period
9    not to exceed 6 months; provided, however, that the court
10    may permit the parent to be released for periods of time
11    during the day or night to:
12            (A) work; or
13            (B) conduct a business or other self-employed
14        occupation.
15    The court may further order any part or all of the earnings
16of a parent during a sentence of periodic imprisonment paid to
17the Clerk of the Circuit Court or to the parent having physical
18possession of the child or to the non-parent custodian having
19custody of the child of the sentenced parent for the support of
20the child until further order of the court.
21    If a parent who is found guilty of contempt for failure to
22comply with an order to pay support is a person who conducts a
23business or who is self-employed, the court in addition to
24other penalties provided by law may order that the parent do
25one or more of the following: (i) provide to the court monthly
26financial statements showing income and expenses from the

 

 

HB4074- 36 -LRB103 32266 LNS 61521 b

1business or the self-employment; (ii) seek employment and
2report periodically to the court with a diary, listing, or
3other memorandum of his or her employment search efforts; or
4(iii) report to the Department of Employment Security for job
5search services to find employment that will be subject to
6withholding for child support.
7    If there is a unity of interest and ownership sufficient
8to render no financial separation between an obligor and
9another person or persons or business entity, the court may
10pierce the ownership veil of the person, persons, or business
11entity to discover assets of the obligor held in the name of
12that person, those persons, or that business entity. The
13following circumstances are sufficient to authorize a court to
14order discovery of the assets of a person, persons, or
15business entity and to compel the application of any
16discovered assets toward payment on the judgment for support:
17        (1) the obligor and the person, persons, or business
18    entity maintain records together.
19        (2) the obligor and the person, persons, or business
20    entity fail to maintain an arm's length relationship
21    between themselves with regard to any assets.
22        (3) the obligor transfers assets to the person,
23    persons, or business entity with the intent to perpetrate
24    a fraud on the obligee.
25    With respect to assets which are real property, no order
26entered under this paragraph shall affect the rights of bona

 

 

HB4074- 37 -LRB103 32266 LNS 61521 b

1fide purchasers, mortgagees, judgment creditors, or other lien
2holders who acquire their interests in the property prior to
3the time a notice of lis pendens pursuant to the Code of Civil
4Procedure or a copy of the order is placed of record in the
5office of the recorder of deeds for the county in which the
6real property is located.
7    The court may also order in cases where the parent is 90
8days or more delinquent in payment of support or has been
9adjudicated in arrears in an amount equal to 90 days
10obligation or more, that the parent's Illinois driving
11privileges be suspended until the court determines that the
12parent is in compliance with the order of support. The court
13may also order that the parent be issued a family financial
14responsibility driving permit that would allow limited driving
15privileges for employment and medical purposes in accordance
16with Section 7-702.1 of the Illinois Vehicle Code. The Clerk
17of the Circuit Court shall certify the order suspending the
18driving privileges of the parent or granting the issuance of a
19family financial responsibility driving permit to the
20Secretary of State on forms prescribed by the Secretary of
21State. Upon receipt of the authenticated documents, the
22Secretary of State shall suspend the parent's driving
23privileges until further order of the court and shall, if
24ordered by the court, subject to the provisions of Section
257-702.1 of the Illinois Vehicle Code, issue a family financial
26responsibility driving permit to the parent.

 

 

HB4074- 38 -LRB103 32266 LNS 61521 b

1    In addition to the penalties or punishment that may be
2imposed under this Section, any person whose conduct
3constitutes a violation of Section 15 of the Non-Support
4Punishment Act may be prosecuted under that Act, and a person
5convicted under that Act may be sentenced in accordance with
6that Act. The sentence may include but need not be limited to a
7requirement that the person perform community service under
8Section 50 of that Act or participate in a work alternative
9program under Section 50 of that Act. A person may not be
10required to participate in a work alternative program under
11Section 50 of that Act if the person is currently
12participating in a work program pursuant to Section 505.1 of
13this Act.
14    A support obligation, or any portion of a support
15obligation, which becomes due and remains unpaid as of the end
16of each month, excluding the child support that was due for
17that month to the extent that it was not paid in that month,
18shall accrue simple interest as set forth in Section 12-109 of
19the Code of Civil Procedure. An order for support entered or
20modified on or after January 1, 2006 shall contain a statement
21that a support obligation required under the order, or any
22portion of a support obligation required under the order, that
23becomes due and remains unpaid as of the end of each month,
24excluding the child support that was due for that month to the
25extent that it was not paid in that month, shall accrue simple
26interest as set forth in Section 12-109 of the Code of Civil

 

 

HB4074- 39 -LRB103 32266 LNS 61521 b

1Procedure. Failure to include the statement in the order for
2support does not affect the validity of the order or the
3accrual of interest as provided in this Section.
4    (c) A one-time charge of 20% is imposable upon the amount
5of past-due child support owed on July 1, 1988 which has
6accrued under a support order entered by the court. The charge
7shall be imposed in accordance with the provisions of Section
810-21 of the Illinois Public Aid Code and shall be enforced by
9the court upon petition.
10    (d) Any new or existing support order entered by the court
11under this Section shall be deemed to be a series of judgments
12against the person obligated to pay support thereunder, each
13such judgment to be in the amount of each payment or
14installment of support and each such judgment to be deemed
15entered as of the date the corresponding payment or
16installment becomes due under the terms of the support order.
17Each such judgment shall have the full force, effect and
18attributes of any other judgment of this State, including the
19ability to be enforced. Notwithstanding any other State or
20local law to the contrary, a lien arises by operation of law
21against the real and personal property of the obligor for each
22installment of overdue support owed by the obligor.
23    (e) When child support is to be paid through the Clerk of
24the Court in a county of 500,000 inhabitants or less, the order
25shall direct the obligor to pay to the Clerk, in addition to
26the child support payments, all fees imposed by the county

 

 

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1board under paragraph (2) of subsection (j-5) of Section 27.1b
2paragraph (4) of subsection (bb) of Section 27.1a of the
3Clerks of Courts Act. When child support is to be paid through
4the clerk of the court in a county of more than 500,000 but
5less than 3,000,000 inhabitants, the order shall direct the
6obligor to pay to the clerk, in addition to the child support
7payments, all fees imposed by the county board under paragraph
8(4) of subsection (bb) of Section 27.2 of the Clerks of Courts
9Act. Unless paid pursuant to an Income Withholding
10Order/Notice for Support, the payment of the fee shall be by
11payment acceptable to the clerk and shall be made to the order
12of the Clerk.
13    (f) All orders for support, when entered or modified,
14shall include a provision requiring the obligor to notify the
15court and, in cases in which a party is receiving child and
16spouse services under Article X of the Illinois Public Aid
17Code, the Department of Healthcare and Family Services, within
187 days, (i) of the name and address of any new employer of the
19obligor, (ii) whether the obligor has access to health
20insurance coverage through the employer or other group
21coverage and, if so, the policy name and number and the names
22of persons covered under the policy, except only the initials
23of any covered minors shall be included, and (iii) of any new
24residential or mailing address or telephone number of the
25obligor. In any subsequent action to enforce a support order,
26upon a sufficient showing that a diligent effort has been made

 

 

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1to ascertain the location of the obligor, service of process
2or provision of notice necessary in the case may be made at the
3last known address of the obligor in any manner expressly
4provided by the Code of Civil Procedure or this Act, which
5service shall be sufficient for purposes of due process.
6    (g) An order for support shall include a date on which the
7current support obligation terminates. The termination date
8shall be no earlier than the date on which the child covered by
9the order will attain the age of 18. However, if the child will
10not graduate from high school until after attaining the age of
1118, then the termination date shall be no earlier than the
12earlier of the date on which the child's high school
13graduation will occur or the date on which the child will
14attain the age of 19. The order for support shall state that
15the termination date does not apply to any arrearage that may
16remain unpaid on that date. Nothing in this subsection shall
17be construed to prevent the court from modifying the order or
18terminating the order in the event the child is otherwise
19emancipated.
20    (g-5) If there is an unpaid arrearage or delinquency (as
21those terms are defined in the Income Withholding for Support
22Act) equal to at least one month's support obligation on the
23termination date stated in the order for support or, if there
24is no termination date stated in the order, on the date the
25child attains the age of majority or is otherwise emancipated,
26the periodic amount required to be paid for current support of

 

 

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1that child immediately prior to that date shall automatically
2continue to be an obligation, not as current support but as
3periodic payment toward satisfaction of the unpaid arrearage
4or delinquency. That periodic payment shall be in addition to
5any periodic payment previously required for satisfaction of
6the arrearage or delinquency. The total periodic amount to be
7paid toward satisfaction of the arrearage or delinquency may
8be enforced and collected by any method provided by law for
9enforcement and collection of child support, including but not
10limited to income withholding under the Income Withholding for
11Support Act. Each order for support entered or modified on or
12after January 1, 2005 (the effective date of Public Act
1393-1061) must contain a statement notifying the parties of the
14requirements of this subsection. Failure to include the
15statement in the order for support does not affect the
16validity of the order or the operation of the provisions of
17this subsection with regard to the order. This subsection
18shall not be construed to prevent or affect the establishment
19or modification of an order for support of a minor child or the
20establishment or modification of an order for support of a
21non-minor child or educational expenses under Section 513 of
22this Act.
23    (h) An order entered under this Section shall include a
24provision requiring either parent to report to the other
25parent and to the Clerk of Court within 10 days each time
26either parent obtains new employment, and each time either

 

 

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1parent's employment is terminated for any reason. The report
2shall be in writing and shall, in the case of new employment,
3include the name and address of the new employer. Failure to
4report new employment or the termination of current
5employment, if coupled with nonpayment of support for a period
6in excess of 60 days, is indirect criminal contempt. For
7either parent arrested for failure to report new employment
8bond shall be set in the amount of the child support that
9should have been paid during the period of unreported
10employment. An order entered under this Section shall also
11include a provision requiring either obligor and obligee to
12advise the other of a change in residence within 5 days of the
13change except when the court finds that the physical, mental,
14or emotional health of a party or that of a child, or both,
15would be seriously endangered by disclosure of the party's
16address.
17    (i) The court does not lose the powers of contempt,
18driver's license suspension, or other child support
19enforcement mechanisms, including, but not limited to,
20criminal prosecution as set forth in this Act, upon the
21emancipation of the minor child.
22(Source: P.A. 102-823, eff. 5-13-22.)