103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4163

 

Introduced , by Rep. Kevin Schmidt

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-501  from Ch. 95 1/2, par. 11-501
750 ILCS 5/520 new

    Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if a defendant is found guilty of aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof where the violation has resulted in the death of another, the court shall order the defendant to pay an amount reasonable and necessary for support of the minor child or children of any victims. Provides for the calculation of child support for a defendant ordered to pay child support under such circumstances. Makes a corresponding change in the Illinois Vehicle Code.


LRB103 34143 MXP 63961 b

 

 

A BILL FOR

 

HB4163LRB103 34143 MXP 63961 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 Vehicle Code is amended by
5changing Section 11-501 as follows:
 
6    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
7    Sec. 11-501. Driving while under the influence of alcohol,
8other drug or drugs, intoxicating compound or compounds, or
9any combination thereof.
10    (a) A person shall not drive or be in actual physical
11control of any vehicle within this State while:
12        (1) the alcohol concentration in the person's blood,
13    other bodily substance, or breath is 0.08 or more based on
14    the definition of blood and breath units in Section
15    11-501.2;
16        (2) under the influence of alcohol;
17        (3) under the influence of any intoxicating compound
18    or combination of intoxicating compounds to a degree that
19    renders the person incapable of driving safely;
20        (4) under the influence of any other drug or
21    combination of drugs to a degree that renders the person
22    incapable of safely driving;
23        (5) under the combined influence of alcohol, other

 

 

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1    drug or drugs, or intoxicating compound or compounds to a
2    degree that renders the person incapable of safely
3    driving;
4        (6) there is any amount of a drug, substance, or
5    compound in the person's breath, blood, other bodily
6    substance, or urine resulting from the unlawful use or
7    consumption of a controlled substance listed in the
8    Illinois Controlled Substances Act, an intoxicating
9    compound listed in the Use of Intoxicating Compounds Act,
10    or methamphetamine as listed in the Methamphetamine
11    Control and Community Protection Act; or
12        (7) the person has, within 2 hours of driving or being
13    in actual physical control of a vehicle, a
14    tetrahydrocannabinol concentration in the person's whole
15    blood or other bodily substance as defined in paragraph 6
16    of subsection (a) of Section 11-501.2 of this Code.
17    Subject to all other requirements and provisions under
18    this Section, this paragraph (7) does not apply to the
19    lawful consumption of cannabis by a qualifying patient
20    licensed under the Compassionate Use of Medical Cannabis
21    Program Act who is in possession of a valid registry card
22    issued under that Act, unless that person is impaired by
23    the use of cannabis.
24    (b) The fact that any person charged with violating this
25Section is or has been legally entitled to use alcohol,
26cannabis under the Compassionate Use of Medical Cannabis

 

 

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1Program Act, other drug or drugs, or intoxicating compound or
2compounds, or any combination thereof, shall not constitute a
3defense against any charge of violating this Section.
4    (c) Penalties.
5        (1) Except as otherwise provided in this Section, any
6    person convicted of violating subsection (a) of this
7    Section is guilty of a Class A misdemeanor.
8        (2) A person who violates subsection (a) or a similar
9    provision a second time shall be sentenced to a mandatory
10    minimum term of either 5 days of imprisonment or 240 hours
11    of community service in addition to any other criminal or
12    administrative sanction.
13        (3) A person who violates subsection (a) is subject to
14    6 months of imprisonment, an additional mandatory minimum
15    fine of $1,000, and 25 days of community service in a
16    program benefiting children if the person was transporting
17    a person under the age of 16 at the time of the violation.
18        (4) A person who violates subsection (a) a first time,
19    if the alcohol concentration in his or her blood, breath,
20    other bodily substance, or urine was 0.16 or more based on
21    the definition of blood, breath, other bodily substance,
22    or urine units in Section 11-501.2, shall be subject, in
23    addition to any other penalty that may be imposed, to a
24    mandatory minimum of 100 hours of community service and a
25    mandatory minimum fine of $500.
26        (5) A person who violates subsection (a) a second

 

 

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1    time, if at the time of the second violation the alcohol
2    concentration in his or her blood, breath, other bodily
3    substance, or urine was 0.16 or more based on the
4    definition of blood, breath, other bodily substance, or
5    urine units in Section 11-501.2, shall be subject, in
6    addition to any other penalty that may be imposed, to a
7    mandatory minimum of 2 days of imprisonment and a
8    mandatory minimum fine of $1,250.
9    (d) Aggravated driving under the influence of alcohol,
10other drug or drugs, or intoxicating compound or compounds, or
11any combination thereof.
12        (1) Every person convicted of committing a violation
13    of this Section shall be guilty of aggravated driving
14    under the influence of alcohol, other drug or drugs, or
15    intoxicating compound or compounds, or any combination
16    thereof if:
17            (A) the person committed a violation of subsection
18        (a) or a similar provision for the third or subsequent
19        time;
20            (B) the person committed a violation of subsection
21        (a) while driving a school bus with one or more
22        passengers on board;
23            (C) the person in committing a violation of
24        subsection (a) was involved in a motor vehicle crash
25        that resulted in great bodily harm or permanent
26        disability or disfigurement to another, when the

 

 

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1        violation was a proximate cause of the injuries;
2            (D) the person committed a violation of subsection
3        (a) and has been previously convicted of violating
4        Section 9-3 of the Criminal Code of 1961 or the
5        Criminal Code of 2012 or a similar provision of a law
6        of another state relating to reckless homicide in
7        which the person was determined to have been under the
8        influence of alcohol, other drug or drugs, or
9        intoxicating compound or compounds as an element of
10        the offense or the person has previously been
11        convicted under subparagraph (C) or subparagraph (F)
12        of this paragraph (1);
13            (E) the person, in committing a violation of
14        subsection (a) while driving at any speed in a school
15        speed zone at a time when a speed limit of 20 miles per
16        hour was in effect under subsection (a) of Section
17        11-605 of this Code, was involved in a motor vehicle
18        crash that resulted in bodily harm, other than great
19        bodily harm or permanent disability or disfigurement,
20        to another person, when the violation of subsection
21        (a) was a proximate cause of the bodily harm;
22            (F) the person, in committing a violation of
23        subsection (a), was involved in a motor vehicle crash
24        or snowmobile, all-terrain vehicle, or watercraft
25        accident that resulted in the death of another person,
26        when the violation of subsection (a) was a proximate

 

 

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1        cause of the death;
2            (G) the person committed a violation of subsection
3        (a) during a period in which the defendant's driving
4        privileges are revoked or suspended, where the
5        revocation or suspension was for a violation of
6        subsection (a) or a similar provision, Section
7        11-501.1, paragraph (b) of Section 11-401, or for
8        reckless homicide as defined in Section 9-3 of the
9        Criminal Code of 1961 or the Criminal Code of 2012;
10            (H) the person committed the violation while he or
11        she did not possess a driver's license or permit or a
12        restricted driving permit or a judicial driving permit
13        or a monitoring device driving permit;
14            (I) the person committed the violation while he or
15        she knew or should have known that the vehicle he or
16        she was driving was not covered by a liability
17        insurance policy;
18            (J) the person in committing a violation of
19        subsection (a) was involved in a motor vehicle crash
20        that resulted in bodily harm, but not great bodily
21        harm, to the child under the age of 16 being
22        transported by the person, if the violation was the
23        proximate cause of the injury;
24            (K) the person in committing a second violation of
25        subsection (a) or a similar provision was transporting
26        a person under the age of 16; or

 

 

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1            (L) the person committed a violation of subsection
2        (a) of this Section while transporting one or more
3        passengers in a vehicle for-hire.
4        (2)(A) Except as provided otherwise, a person
5    convicted of aggravated driving under the influence of
6    alcohol, other drug or drugs, or intoxicating compound or
7    compounds, or any combination thereof is guilty of a Class
8    4 felony.
9        (B) A third violation of this Section or a similar
10    provision is a Class 2 felony. If at the time of the third
11    violation the alcohol concentration in his or her blood,
12    breath, other bodily substance, or urine was 0.16 or more
13    based on the definition of blood, breath, other bodily
14    substance, or urine units in Section 11-501.2, a mandatory
15    minimum of 90 days of imprisonment and a mandatory minimum
16    fine of $2,500 shall be imposed in addition to any other
17    criminal or administrative sanction. If at the time of the
18    third violation, the defendant was transporting a person
19    under the age of 16, a mandatory fine of $25,000 and 25
20    days of community service in a program benefiting children
21    shall be imposed in addition to any other criminal or
22    administrative sanction.
23        (C) A fourth violation of this Section or a similar
24    provision is a Class 2 felony, for which a sentence of
25    probation or conditional discharge may not be imposed. If
26    at the time of the violation, the alcohol concentration in

 

 

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1    the defendant's blood, breath, other bodily substance, or
2    urine was 0.16 or more based on the definition of blood,
3    breath, other bodily substance, or urine units in Section
4    11-501.2, a mandatory minimum fine of $5,000 shall be
5    imposed in addition to any other criminal or
6    administrative sanction. If at the time of the fourth
7    violation, the defendant was transporting a person under
8    the age of 16 a mandatory fine of $25,000 and 25 days of
9    community service in a program benefiting children shall
10    be imposed in addition to any other criminal or
11    administrative sanction.
12        (D) A fifth violation of this Section or a similar
13    provision is a Class 1 felony, for which a sentence of
14    probation or conditional discharge may not be imposed. If
15    at the time of the violation, the alcohol concentration in
16    the defendant's blood, breath, other bodily substance, or
17    urine was 0.16 or more based on the definition of blood,
18    breath, other bodily substance, or urine units in Section
19    11-501.2, a mandatory minimum fine of $5,000 shall be
20    imposed in addition to any other criminal or
21    administrative sanction. If at the time of the fifth
22    violation, the defendant was transporting a person under
23    the age of 16, a mandatory fine of $25,000, and 25 days of
24    community service in a program benefiting children shall
25    be imposed in addition to any other criminal or
26    administrative sanction.

 

 

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1        (E) A sixth or subsequent violation of this Section or
2    similar provision is a Class X felony. If at the time of
3    the violation, the alcohol concentration in the
4    defendant's blood, breath, other bodily substance, or
5    urine was 0.16 or more based on the definition of blood,
6    breath, other bodily substance, or urine units in Section
7    11-501.2, a mandatory minimum fine of $5,000 shall be
8    imposed in addition to any other criminal or
9    administrative sanction. If at the time of the violation,
10    the defendant was transporting a person under the age of
11    16, a mandatory fine of $25,000 and 25 days of community
12    service in a program benefiting children shall be imposed
13    in addition to any other criminal or administrative
14    sanction.
15        (F) For a violation of subparagraph (C) of paragraph
16    (1) of this subsection (d), the defendant, if sentenced to
17    a term of imprisonment, shall be sentenced to not less
18    than one year nor more than 12 years.
19        (G) A violation of subparagraph (F) of paragraph (1)
20    of this subsection (d) is a Class 2 felony, for which the
21    defendant, unless the court determines that extraordinary
22    circumstances exist and require probation, shall be
23    sentenced to: (i) a term of imprisonment of not less than 3
24    years and not more than 14 years if the violation resulted
25    in the death of one person; or (ii) a term of imprisonment
26    of not less than 6 years and not more than 28 years if the

 

 

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1    violation resulted in the deaths of 2 or more persons. The
2    defendant shall also be responsible to make child support
3    payments as determined by the court under Section 520 of
4    the Illinois Marriage and Dissolution of Marriage Act for
5    the minor child or children of any person or persons whose
6    deaths resulted from the violation.
7        (H) For a violation of subparagraph (J) of paragraph
8    (1) of this subsection (d), a mandatory fine of $2,500,
9    and 25 days of community service in a program benefiting
10    children shall be imposed in addition to any other
11    criminal or administrative sanction.
12        (I) A violation of subparagraph (K) of paragraph (1)
13    of this subsection (d), is a Class 2 felony and a mandatory
14    fine of $2,500, and 25 days of community service in a
15    program benefiting children shall be imposed in addition
16    to any other criminal or administrative sanction. If the
17    child being transported suffered bodily harm, but not
18    great bodily harm, in a motor vehicle crash, and the
19    violation was the proximate cause of that injury, a
20    mandatory fine of $5,000 and 25 days of community service
21    in a program benefiting children shall be imposed in
22    addition to any other criminal or administrative sanction.
23        (J) A violation of subparagraph (D) of paragraph (1)
24    of this subsection (d) is a Class 3 felony, for which a
25    sentence of probation or conditional discharge may not be
26    imposed.

 

 

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1        (3) Any person sentenced under this subsection (d) who
2    receives a term of probation or conditional discharge must
3    serve a minimum term of either 480 hours of community
4    service or 10 days of imprisonment as a condition of the
5    probation or conditional discharge in addition to any
6    other criminal or administrative sanction.
7    (e) Any reference to a prior violation of subsection (a)
8or a similar provision includes any violation of a provision
9of a local ordinance or a provision of a law of another state
10or an offense committed on a military installation that is
11similar to a violation of subsection (a) of this Section.
12    (f) The imposition of a mandatory term of imprisonment or
13assignment of community service for a violation of this
14Section shall not be suspended or reduced by the court.
15    (g) Any penalty imposed for driving with a license that
16has been revoked for a previous violation of subsection (a) of
17this Section shall be in addition to the penalty imposed for
18any subsequent violation of subsection (a).
19    (h) For any prosecution under this Section, a certified
20copy of the driving abstract of the defendant shall be
21admitted as proof of any prior conviction.
22(Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23.)
 
23    Section 10. The Illinois Marriage and Dissolution of
24Marriage Act is amended by adding Section 520 as follows:
 

 

 

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1    (750 ILCS 5/520 new)
2    Sec. 520. Child support for aggravated driving under the
3influence.
4    (a) If a defendant is found guilty of aggravated driving
5under the influence of alcohol, other drug or drugs,
6intoxicating compound or compounds, or any combination thereof
7under subparagraph (f) of paragraph (1) of subsection (d) of
8Section 11-501 of the Illinois Vehicle Code where the
9violation has resulted in the death of another, the court
10shall order the defendant to pay an amount reasonable and
11necessary for support of the minor child or children of any
12victims. As used in this Section, "child" includes any child
13under age 18 and any child age 19 or younger who is still
14attending high school.
15        (1) Computation of basic child support obligation. The
16    court shall compute the basic child support obligation by
17    taking the following steps:
18            (A) determine the defendant's monthly net income;
19            (B) add the defendant and surviving parent's
20        monthly net incomes together to determine the combined
21        monthly net income;
22            (C) select the corresponding appropriate amount
23        from the schedule of basic child support obligation
24        based on the parties' combined monthly net income and
25        number of children; and
26            (D) calculate each party's percentage share of the

 

 

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1        basic child support obligation.
2        (2) Duty of support. The court shall determine child
3    support in each case by applying the child support
4    guidelines unless the court makes a finding that
5    application of the guidelines would be inappropriate,
6    after considering the best interests of the child and
7    evidence which shows relevant factors, including, but not
8    limited to, one or more of the following:
9            (A) the financial resources and needs of the
10        child;
11            (B) the financial resources and needs of a
12        surviving parent;
13            (C) the standard of living the child would have
14        enjoyed had the death of the parent or parents not
15        resulted; and
16            (D) the physical and emotional condition of the
17        child and the child's educational needs.
18        (3) Income.
19            (A) As used in this Section, "gross income" means
20        the total of all income from all sources, except
21        "gross income" does not include (i) benefits received
22        from means-tested public assistance programs,
23        including, but not limited to, Temporary Assistance
24        for Needy Families, Supplemental Security Income, and
25        the Supplemental Nutrition Assistance Program or (ii)
26        benefits and income received for other children in the

 

 

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1        household, including, but not limited to, child
2        support, survivor benefits, and foster care payments.
3        "Gross income" includes maintenance treated as taxable
4        income for federal income tax purposes to the payee
5        and received pursuant to a court order in the pending
6        proceedings or any other proceedings and shall be
7        included in the payee's gross income for purposes of
8        calculating the child support obligation.
9            (B) As used in this Section, "net income" means
10        gross income minus either the standardized tax amount
11        calculated under subparagraph (C) or the
12        individualized tax amount calculated under
13        subparagraph (D), and minus any adjustments under
14        subparagraph (F). The standardized tax amount shall be
15        used unless the requirements for an individualized tax
16        amount set forth in subparagraph (E) are met. "Net
17        income" includes maintenance not includable in the
18        gross taxable income of the payee for federal income
19        tax purposes under a court order in the pending
20        proceedings or any other proceedings and shall be
21        included in the payee's net income for purposes of
22        calculating the child support obligation.
23            (C) As used in this Section, "standardized tax
24        amount" means the total of federal and State income
25        taxes for a single person claiming the standard tax
26        deduction, one personal exemption, and the applicable

 

 

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1        number of dependency exemptions for the minor child or
2        children of the parties, and Social Security and
3        Medicare tax calculated at the Federal Insurance
4        Contributions Act rate.
5            (D) As used in this Section, "individualized tax
6        amount" means the aggregate of the following taxes:
7                (I) federal income tax (properly calculated
8            withholding or estimated payments);
9                (II) State income tax (properly calculated
10            withholding or estimated payments); and
11                (III) Social Security or self-employment tax,
12            if applicable (or, if none, mandatory retirement
13            contributions required by law or as a condition of
14            employment) and Medicare tax calculated at the
15            Federal Insurance Contributions Act rate.
16            (E) In lieu of a standardized tax amount, a
17        determination of an individualized tax amount may be
18        made under item (I), (II), or (III). If an
19        individualized tax amount determination is made under
20        this subparagraph, all relevant tax attributes
21        (including filing status, allocation of dependency
22        exemptions, and whether a party is to claim the use of
23        the standard deduction or itemized deductions for
24        federal income tax purposes) shall be as the parties
25        agree or as the court determines. To determine a
26        party's reported income, the court may order the party

 

 

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1        to complete an Internal Revenue Service Form 4506-T,
2        Request for Tax Transcript.
3                (I) Agreement. Irrespective of whether the
4            parties agree on any other issue before the court,
5            if they jointly stipulate for the record the
6            parties' concurrence on a computation method for
7            the individualized tax amount that is different
8            from the method set forth under subparagraph (D),
9            the stipulated method shall be used by the court
10            unless the court rejects the proposed stipulated
11            method for good cause.
12                (II) Summary hearing. If the court determines
13            child support in a summary hearing under Section
14            501 and an eligible party opts in to the
15            individualized tax amount method under this item,
16            the individualized tax amount shall be determined
17            by the court on the basis of information contained
18            in one or both parties' Supreme Court approved
19            financial affidavit and relevant supporting
20            documents under applicable court rules. No party,
21            however, is eligible to opt in unless the party,
22            under applicable court rules, has served the other
23            party with the required Supreme Court approved
24            financial affidavit and has substantially produced
25            supporting documents required by the applicable
26            court rules.

 

 

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1                (III) Evidentiary hearing. If the court
2            determines child support in an evidentiary
3            hearing, whether for purposes of a temporary order
4            or at the conclusion of a proceeding, item (II)
5            does not apply. In each such case (unless item (I)
6            governs), the individualized tax amount shall be
7            as determined by the court on the basis of the
8            record established.
9            (F) Adjustments to income.
10                (I) Multifamily adjustment. If the defendant
11            is also legally responsible for support of the
12            defendant's own child and not subject to the
13            present proceeding, there shall be an adjustment
14            to net income as follows:
15                    (i) Multifamily adjustment with court
16                order. The court shall deduct from the
17                defendant's net income the amount of child
18                support actually paid by the defendant
19                pursuant to a support order unless the court
20                makes a finding that it would cause economic
21                hardship to the child.
22                    (ii) Multifamily adjustment without court
23                order. Upon the request or application of a
24                defendant actually supporting a presumed,
25                acknowledged, or adjudicated child living in
26                or outside of that defendant's household,

 

 

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1                there shall be an adjustment to child support.
2                The court shall deduct from the defendant's
3                net income the amount of financial support
4                actually paid by the defendant for the child
5                or 75% of the support the defendant should pay
6                under the child support guidelines (before
7                this adjustment), whichever is less, unless
8                the court makes a finding that it would cause
9                economic hardship to the child. The adjustment
10                shall be calculated using the defendant's
11                income alone.
12        (3.1) Business income. For purposes of calculating
13    child support, "net business income from the operation of
14    a business" means gross receipts minus ordinary and
15    necessary expenses required to carry on the trade or
16    business. As used in this paragraph, "business" includes,
17    but is not limited to, sole proprietorships, closely held
18    corporations, partnerships, other flow-through business
19    entities, and self-employment. The court shall apply the
20    following:
21            (A) The accelerated component of depreciation and
22        any business expenses determined either judicially or
23        administratively to be inappropriate or excessive
24        shall be excluded from the total of ordinary and
25        necessary business expenses to be deducted in the
26        determination of net business income from gross

 

 

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1        business income.
2            (B) Any item of reimbursement or in-kind payment
3        received by a defendant from a business, including,
4        but not limited to, a company car, reimbursed meals,
5        free housing, or a housing allowance, shall be counted
6        as income if not otherwise included in the defendant's
7        gross income, if the item is significant in amount and
8        reduces personal expenses.
9        (3.2) Unemployment or underemployment. If the
10    defendant is voluntarily unemployed or underemployed,
11    child support shall be calculated based on a determination
12    of potential income. A determination of potential income
13    shall be made by determining employment potential and
14    probable earnings level based on the defendant's work
15    history, occupational qualifications, prevailing job
16    opportunities, the ownership by a defendant of a
17    substantial non-income producing asset, and earnings
18    levels in the community. If there is insufficient work
19    history to determine employment potential and probable
20    earnings level, there shall be a rebuttable presumption
21    that the defendant's potential income is 75% of the most
22    recent United States Department of Health and Human
23    Services Federal Poverty Guidelines for a family of one
24    person.
25        (3.3) Rebuttable presumption in favor of guidelines.
26    There is a rebuttable presumption in any judicial or

 

 

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1    administrative proceeding for child support that the
2    amount of the child support obligation that would result
3    from the application of the child support guidelines is
4    the correct amount of child support.
5        (3.3a) Minimum child support obligation. There is a
6    rebuttable presumption that a minimum child support
7    obligation of $40 per month, per child, will be entered
8    for a defendant who has actual or imputed gross income at
9    or less than 75% of the most recent United States
10    Department of Health and Human Services Federal Poverty
11    Guidelines for a family of one person, with a maximum
12    total child support obligation for the defendant of $120
13    per month to be divided equally among all of the
14    defendant's children.
15        (3.3b) Zero dollar child support order. For a
16    defendant with no gross income who receives only
17    means-tested assistance, or who cannot work due to a
18    medically proven disability, incarceration, or
19    institutionalization, there is a rebuttable presumption
20    that the $40 per month minimum support order is
21    inapplicable and a zero dollar order shall be entered.
22        (3.4) Deviation factors. In any action to establish or
23    modify child support, whether pursuant to a temporary or
24    final administrative or court order, the child support
25    guidelines shall be used as a rebuttable presumption for
26    the establishment or modification of the amount of child

 

 

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1    support. The court may deviate from the child support
2    guidelines if the application would be inequitable,
3    unjust, or inappropriate. Any deviation from the
4    guidelines shall be accompanied by written findings by the
5    court specifying the reasons for the deviation and the
6    presumed amount under the child support guidelines without
7    a deviation. These reasons may include:
8            (A) extraordinary medical expenditures necessary
9        to preserve the life or health of a surviving parent or
10        a child subject to the child support order;
11            (B) additional expenses incurred for a child
12        subject to the child support order who has special
13        medical, physical, or developmental needs; and
14            (C) any other factor the court determines should
15        be applied upon a finding that the application of the
16        child support guidelines would be inappropriate, after
17        considering the best interests of the child.
18        (3.5) Income in excess of the schedule of basic child
19    support obligation. A court may use its discretion to
20    determine child support if the combined adjusted net
21    income exceeds the highest level of the schedule of basic
22    child support obligation, except that the basic child
23    support obligation shall not be less than the highest
24    level of combined net income set forth in the schedule of
25    basic child support obligation.
26        (3.6) Extracurricular activities and school expenses.

 

 

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1    The court, in its discretion, in addition to the basic
2    child support obligation, may order the defendant to
3    contribute to the reasonable school and extracurricular
4    activity expenses incurred which are intended to enhance
5    the educational, athletic, social, or cultural development
6    of the child.
7        (3.7) Child care expenses. The court, in its
8    discretion, in addition to the basic child support
9    obligation, may order the defendant to contribute to the
10    reasonable child care expenses of the child. The child
11    care expenses shall be made payable directly to a party or
12    directly to the child care provider at the time of child
13    care services.
14            (A) "Child care expenses" means actual expenses
15        reasonably necessary to enable a parent or nonparent
16        custodian to be employed, to attend educational or
17        vocational training programs to improve employment
18        opportunities, or to search for employment. "Child
19        care expenses" includes deposits for securing
20        placement in a child care program and the cost of
21        before and after school care and camps when school is
22        not in session. A child's special needs shall be a
23        consideration in determining reasonable child care
24        expenses.
25            (B) Child care expenses shall be prorated in
26        proportion to each party's percentage share of

 

 

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1        combined net income, and may be added to the basic
2        child support obligation if not paid directly by each
3        party to the provider of child care services. The
4        obligor's and obligee's portion of actual child care
5        expenses shall appear in the support order. If
6        allowed, the value of the federal income tax credit
7        for child care shall be subtracted from the actual
8        cost to determine the net child care costs.
9            (C) The amount of child care expenses shall be
10        adequate to obtain reasonable and necessary child
11        care. The actual child care expenses shall be used to
12        calculate the child care expenses, if available. When
13        actual child care expenses vary, the actual child care
14        expenses may be averaged over the most recent 12-month
15        period. When a party is temporarily unemployed or
16        temporarily not attending educational or vocational
17        training programs, future child care expenses shall be
18        based upon prospective expenses to be incurred upon
19        return to employment or educational or vocational
20        training programs.
21            (D) An order for child care expenses may be
22        modified upon a showing of a substantial change in
23        circumstances. The party incurring child care expenses
24        shall notify the other party within 14 days of any
25        change in the amount of child care expenses that would
26        affect the annualized child care amount as determined

 

 

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1        in the support order.
2        (4) Health care.
3            (A) A portion of the basic child support
4        obligation is intended to cover basic ordinary
5        out-of-pocket medical expenses. The court, in its
6        discretion, in addition to the basic child support
7        obligation, shall also provide for the child's current
8        and future medical needs by the defendant to initiate
9        health insurance coverage for the child through
10        currently effective health insurance policies held by
11        the parent, purchase one or more or all health,
12        dental, or vision insurance policies for the child, or
13        provide for the child's current and future medical
14        needs through some other manner.
15            (B) The court, in its discretion, may order the
16        defendant to contribute to the reasonable health care
17        needs of the child not covered by insurance,
18        including, but not limited to, unreimbursed medical,
19        dental, orthodontic, or vision expenses and any
20        prescription medication for the child not covered
21        under the child's health insurance.
22            (C) If neither the child nor children have access
23        to appropriate private health insurance coverage, the
24        court may order the defendant to:
25                (I) provide health insurance coverage at any
26            time it becomes available at a reasonable cost; or

 

 

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1                (II) apply for public health insurance
2            coverage for the child and pay a reasonable amount
3            of the cost of health insurance for the child.
4        The order may also provide that any time private
5        health insurance coverage is available at a reasonable
6        cost it will be provided instead of cash medical
7        support. As used in this Section, "cash medical
8        support" means an amount ordered to be paid toward the
9        cost of health insurance provided by a public entity
10        or by another person through employment or otherwise
11        or for other medical costs not covered by insurance.
12            (D) The amount to be added to the basic child
13        support obligation shall be the actual amount of the
14        total health insurance premium that is attributable to
15        the child who is the subject of the order. If this
16        amount is not available or cannot be verified, the
17        total cost of the health insurance premium shall be
18        divided by the total number of persons covered by the
19        policy. The cost per person derived from this
20        calculation shall be multiplied by the number of
21        children who are the subject of the order and who are
22        covered under the health insurance policy. This amount
23        shall be added to the basic child support obligation
24        and shall be allocated between the parties in
25        proportion to the parties' respective net incomes.
26            (E) After the health insurance premium for the

 

 

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1        child is added to the basic child support obligation
2        and allocated between the parties in proportion to the
3        parties' respective incomes for child support
4        purposes, if the defendant is paying the premium, the
5        amount calculated for the obligee's share of the
6        health insurance premium for the child shall be
7        deducted from the defendant's share of the total child
8        support obligation. If the obligee is paying for
9        private health insurance for the child, the child
10        support obligation shall be increased by the
11        defendant's share of the premium payment. The
12        defendant's and obligee's portion of health insurance
13        costs shall appear in the support order.
14            (F) Prior to allowing the health insurance
15        adjustment, the defendant requesting the adjustment
16        must submit proof that the child has been enrolled in a
17        health insurance plan and must submit proof of the
18        cost of the premium. The court shall require the
19        defendant receiving the adjustment to annually submit
20        proof of continued coverage of the child to the
21        obligee, or as designated by the court.
22            (G) A reasonable cost for providing health
23        insurance coverage for the child may not exceed 5% of
24        the defendant's gross income. A defendant with a net
25        income below 133% of the most recent United States
26        Department of Health and Human Services Federal

 

 

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1        Poverty Guidelines or whose child is covered by
2        Medicaid based on the defendant's income may not be
3        ordered to contribute toward or provide private
4        coverage, unless private coverage is obtainable
5        without any financial contribution by the defendant.
6            (H) If dental or vision insurance is included as
7        part of the employer's medical plan, the coverage
8        shall be maintained for the child. If not included in
9        the employer's medical plan, adding the dental or
10        vision insurance for the child is at the discretion of
11        the court.
12        (5) If the net income cannot be determined because of
13    default or any other reason, the court shall order support
14    in an amount considered reasonable in the particular case.
15    The final order in all cases shall state the support level
16    in dollar amounts. However, if the court finds that the
17    child support amount cannot be expressed exclusively as a
18    dollar amount because all or a portion of the defendant's
19    net income is uncertain as to source, time of payment, or
20    amount, the court may order a percentage amount of support
21    in addition to a specific dollar amount and enter such
22    other orders as may be necessary to determine and enforce,
23    on a timely basis, the applicable support ordered.
24        (6) If (i) the defendant was properly served with a
25    request for discovery of financial information relating to
26    the defendant's ability to provide child support, (ii) the

 

 

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1    defendant failed to comply with the request, despite
2    having been ordered to do so by the court, and (iii) the
3    defendant is not present at the hearing to determine
4    support despite having received proper notice, then any
5    relevant financial information concerning the defendant's
6    ability to provide child support that was obtained
7    pursuant to subpoena and proper notice shall be admitted
8    into evidence without the need to establish any further
9    foundation for its admission.
10    (a-5) In an action to enforce an order for child support
11based on the defendant's failure to make support payments as
12required by the order, notice of proceedings to hold the
13defendant in contempt for that failure may be served on the
14defendant by personal service or by regular mail addressed to
15the last known address of the defendant. The last known
16address of the defendant may be determined from records of the
17clerk of the court, from the Federal Case Registry of Child
18Support Orders, or by any other reasonable means.
19    (b) Failure to comply with an order to pay support shall be
20punishable as in other cases of contempt. In addition to other
21penalties provided by law the court may, after finding the
22defendant guilty of contempt, order that the defendant be:
23        (1) placed on probation with such conditions of
24    probation as the court deems advisable;
25        (2) sentenced to periodic imprisonment for a period
26    not to exceed 6 months; however, the court may permit the

 

 

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1    defendant to be released for periods of time during the
2    day or night to:
3            (A) work; or
4            (B) conduct a business or other self-employed
5        occupation.
6    If a defendant who is found guilty of contempt for failure
7to comply with an order to pay support is a person who conducts
8a business or who is self-employed, the court in addition to
9other penalties provided by law may order that the defendant
10do one or more of the following: (i) provide to the court
11monthly financial statements showing income and expenses from
12the business or the self-employment; (ii) seek employment and
13report periodically to the court with a diary, listing, or
14other memorandum of his or her employment search efforts; or
15(iii) report to the Department of Employment Security for job
16search services to find employment that will be subject to
17withholding for child support.
18    If there is a unity of interest and ownership sufficient
19to render no financial separation between a defendant and
20another person or persons or business entity, the court may
21pierce the ownership veil of the person, persons, or business
22entity to discover assets of the defendant held in the name of
23that person, those persons, or that business entity. The
24following circumstances are sufficient to authorize a court to
25order discovery of the assets of a person, persons, or
26business entity and to compel the application of any

 

 

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

 

 

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

 

 

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1505.1.
2    A support obligation, or any portion of a support
3obligation, which becomes due and remains unpaid as of the end
4of each month, excluding the child support that was due for
5that month to the extent that it was not paid in that month,
6shall accrue simple interest as set forth in Section 12-109 of
7the Code of Civil Procedure. An order for support shall
8contain a statement that a support obligation required under
9the order, or any portion of a support obligation required
10under the order, that becomes due and remains unpaid as of the
11end of each month, excluding the child support that was due for
12that month to the extent that it was not paid in that month,
13shall accrue simple interest as set forth in Section 12-109 of
14the Code of Civil Procedure. Failure to include the statement
15in the order for support does not affect the validity of the
16order or the accrual of interest as provided in this Section.
17    (c) Any new or existing support order entered by the court
18under this Section shall be deemed to be a series of judgments
19against the person obligated to pay support thereunder, each
20such judgment to be in the amount of each payment or
21installment of support and each such judgment to be deemed
22entered as of the date the corresponding payment or
23installment becomes due under the terms of the support order.
24Each such judgment shall have the full force, effect, and
25attributes of any other judgment of this State, including the
26ability to be enforced. Notwithstanding any other State or

 

 

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1local law to the contrary, a lien arises by operation of law
2against the real and personal property of the defendant for
3each installment of overdue support owed by the defendant.
4    (d) When child support is to be paid through the clerk of
5the court in a county of 500,000 inhabitants or less, the order
6shall direct the defendant to pay to the clerk, in addition to
7the child support payments, all fees imposed by the county
8board under paragraph (4) of subsection (bb) of Section 27.1a
9of the Clerks of Courts Act. When child support is to be paid
10through the clerk of the court in a county of more than 500,000
11but less than 3,000,000 inhabitants, the order shall direct
12the defendant to pay to the clerk, in addition to the child
13support payments, all fees imposed by the county board under
14paragraph (4) of subsection (bb) of Section 27.2 of the Clerks
15of Courts Act. Unless paid pursuant to an Income Withholding
16Order or Notice for Support, the payment of the fee shall be by
17payment acceptable to the clerk and shall be made to the order
18of the clerk.
19    (e) All orders for support, when entered or modified,
20shall include a provision requiring the defendant to notify
21the court and, in cases in which a party is receiving child and
22spouse services under Article X of the Illinois Public Aid
23Code, the Department of Healthcare and Family Services, within
247 days, (i) of the name and address of any new employer of the
25defendant, (ii) whether the defendant has access to health
26insurance coverage through the employer or other group

 

 

HB4163- 34 -LRB103 34143 MXP 63961 b

1coverage and, if so, the policy name and number and the names
2of persons covered under the policy, except only the initials
3of any covered minors shall be included, and (iii) of any new
4residential or mailing address or telephone number of the
5defendant. In any subsequent action to enforce a support
6order, upon a sufficient showing that a diligent effort has
7been made to ascertain the location of the defendant, service
8of process or provision of notice necessary in the case may be
9made at the last known address of the defendant in any manner
10expressly provided by the Code of Civil Procedure or this Act,
11which service shall be sufficient for purposes of due process.
12    (f) An order for support shall include a date on which the
13current support obligation terminates. The termination date
14shall be no earlier than the date on which the child covered by
15the order will attain the age of 18. However, if the child will
16not graduate from high school until after attaining the age of
1718, then the termination date shall be no earlier than the
18earlier of the date on which the child's high school
19graduation will occur or the date on which the child will
20attain the age of 19. The order for support shall state that
21the termination date does not apply to any arrearage that may
22remain unpaid on that date. Nothing in this subsection shall
23be construed to prevent the court from modifying the order or
24terminating the order if the child is otherwise emancipated.
25    (g) If there is an unpaid arrearage or delinquency (as
26those terms are defined in the Income Withholding for Support

 

 

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

 

 

HB4163- 36 -LRB103 34143 MXP 63961 b

1provision requiring a defendant to report to the surviving
2parent or nonparent custodian and to the clerk of court within
310 days each time he or she obtains new employment, and each
4time his or her employment is terminated for any reason. The
5report shall be in writing and shall, in the case of new
6employment, include the name and address of the new employer.
7Failure to report new employment or the termination of current
8employment, if coupled with nonpayment of support for a period
9in excess of 60 days, is indirect criminal contempt. For an
10arrest for failure to report new employment, bond shall be set
11in the amount of the child support that should have been paid
12during the period of unreported employment. An order entered
13under this Section shall also include a provision requiring
14either the defendant and the obligee to advise the other of a
15change in residence within 5 days of the change except when the
16court finds that the physical, mental, or emotional health of
17a party or that of a child, or both, would be seriously
18endangered by disclosure of the party's address.
19    (i) The court does not lose the powers of contempt,
20driver's license suspension, or other child support
21enforcement mechanisms, including, but not limited to,
22criminal prosecution as set forth in this Act, upon the
23emancipation of the minor child.