SB3284 EngrossedLRB103 36806 JRC 66916 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, 505, 509,
6600, 602.10, and 607.5 as follows:
 
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) (Blank). Maintenance during imprisonment. No
18maintenance shall accrue during the period in which a party is
19imprisoned for failure to comply with the court's order for
20the payment of such 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        (3.2a) 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. In
10    determining potential income, the court shall consider the
11    specific circumstances of a party, to the extent known,
12    including, but not limited to, the parent's:
13            (1) assets;
14            (2) ownership of a substantial non-income
15        producing asset;
16            (3) residence;
17            (4) employment and earning history;
18            (5) job skills;
19            (6) educational attainment;
20            (7) literacy;
21            (8) age;
22            (9) health;
23            (10) criminal records and other employment
24        barriers; and
25            (11) record of seeking work.
26    The court shall also consider the local job market,

 

 

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1    availability of local employers willing to hire the
2    parent, prevailing earning levels in the local community,
3    and other relevant background factors in the case. If
4there is insufficient work history to determine employment
5    potential and probable earnings level, there shall be a
6    rebuttable presumption that the parent's potential income
7    is 75% of the most recent United States Department of
8    Health and Human Services Federal Poverty Guidelines for a
9    family of one person. Incarceration shall not be
10    considered voluntary unemployment for child support
11    purposes in establishing or modifying child support.
12        (3.2b) The court may impute income to a party only
13    upon conducting an evidentiary hearing or by agreement of
14    the parties. Imputation of income shall be accompanied by
15    specific written findings identifying the basis or bases
16    for imputation using these factors.
17        (3.3) Rebuttable presumption in favor of guidelines.
18    There is a rebuttable presumption in any judicial or
19    administrative proceeding for child support that the
20    amount of the child support obligation that would result
21    from the application of the child support guidelines is
22    the correct amount of child support.
23        (3.3a) Minimum child support obligation. There is a
24    rebuttable presumption that a minimum child support
25    obligation of $40 per month, per child, will be entered
26    for an obligor who has actual or imputed gross income at or

 

 

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1    less than 75% of the most recent United States Department
2    of Health and Human Services Federal Poverty Guidelines
3    for a family of one person, with a maximum total child
4    support obligation for that obligor of $120 per month to
5    be divided equally among all of the obligor's children.
6        (3.3b) Zero dollar child support order. For parents
7    with no gross income, who receive only means-tested
8    assistance, or who cannot work due to a medically proven
9    disability, incarceration, or institutionalization, there
10    is a rebuttable presumption that the $40 per month minimum
11    support order is inapplicable and a zero dollar order
12    shall be entered.
13        (3.4) Deviation factors. In any action to establish or
14    modify child support, whether pursuant to a temporary or
15    final administrative or court order, the child support
16    guidelines shall be used as a rebuttable presumption for
17    the establishment or modification of the amount of child
18    support. The court may deviate from the child support
19    guidelines if the application would be inequitable,
20    unjust, or inappropriate. Any deviation from the
21    guidelines shall be accompanied by written findings by the
22    court specifying the reasons for the deviation and the
23    presumed amount under the child support guidelines without
24    a deviation. These reasons may include:
25            (A) extraordinary medical expenditures necessary
26        to preserve the life or health of a party or a child of

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        (4.5) In a proceeding for child support following
2    dissolution of the marriage or civil union by a court that
3    lacked personal jurisdiction over the absent spouse, and
4    in which the court is requiring payment of support for the
5    period before the date an order for current support is
6    entered, there is a rebuttable presumption that the
7    obligor's net income for the prior period was the same as
8    his or her net income at the time the order for current
9    support is entered.
10        (5) If the net income cannot be determined because of
11    default or any other reason, the court shall order support
12    in an amount considered reasonable in the particular case.
13    The final order in all cases shall state the support level
14    in dollar amounts. However, if the court finds that the
15    child support amount cannot be expressed exclusively as a
16    dollar amount because all or a portion of the obligor's
17    net income is uncertain as to source, time of payment, or
18    amount, the court may order a percentage amount of support
19    in addition to a specific dollar amount and enter such
20    other orders as may be necessary to determine and enforce,
21    on a timely basis, the applicable support ordered.
22        (6) If (i) the obligor was properly served with a
23    request for discovery of financial information relating to
24    the obligor's ability to provide child support, (ii) the
25    obligor failed to comply with the request, despite having
26    been ordered to do so by the court, and (iii) the obligor

 

 

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1    is not present at the hearing to determine support despite
2    having received proper notice, then any relevant financial
3    information concerning the obligor's ability to provide
4    child support that was obtained pursuant to subpoena and
5    proper notice shall be admitted into evidence without the
6    need to establish any further foundation for its
7    admission.
8    (a-3) Life insurance to secure support. At the discretion
9of the court, a child support obligation pursuant to this
10Section and Sections 510, 513, and 513.5 of this Act may be
11secured, in whole or in part, by reasonably affordable life
12insurance on the life of one or both parents on such terms as
13the parties agree or as the court orders. The court may require
14such insurance remain in full force and effect until the
15termination of all obligations of support, subject to the
16following:
17        (1) Existing life insurance. The court shall be
18    apprised through evidence, stipulation, or otherwise as to
19    the level, ownership, and type of existing life insurance
20    death benefit coverage available to one or both parents,
21    the cost of the premiums, cost ratings, and escalations
22    and assignment of the policy, if applicable, and all other
23    relevant circumstances. The court shall make findings
24    relative thereto.
25        (2) New life insurance. The court shall be apprised
26    through evidence, stipulation, or otherwise as to the

 

 

SB3284 Engrossed- 35 -LRB103 36806 JRC 66916 b

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

 

 

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

 

 

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

 

 

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1entered under this paragraph shall affect the rights of bona
2fide purchasers, mortgagees, judgment creditors, or other lien
3holders who acquire their interests in the property prior to
4the time a notice of lis pendens pursuant to the Code of Civil
5Procedure or a copy of the order is placed of record in the
6office of the recorder of deeds for the county in which the
7real property is located.
8    The court may also order in cases where the parent is 90
9days or more delinquent in payment of support or has been
10adjudicated in arrears in an amount equal to 90 days
11obligation or more, that the parent's Illinois driving
12privileges be suspended until the court determines that the
13parent is in compliance with the order of support. The court
14may also order that the parent be issued a family financial
15responsibility driving permit that would allow limited driving
16privileges for employment and medical purposes in accordance
17with Section 7-702.1 of the Illinois Vehicle Code. The Clerk
18of the Circuit Court shall certify the order suspending the
19driving privileges of the parent or granting the issuance of a
20family financial responsibility driving permit to the
21Secretary of State on forms prescribed by the Secretary of
22State. Upon receipt of the authenticated documents, the
23Secretary of State shall suspend the parent's driving
24privileges until further order of the court and shall, if
25ordered by the court, subject to the provisions of Section
267-702.1 of the Illinois Vehicle Code, issue a family financial

 

 

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

 

 

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1interest as set forth in Section 12-109 of the Code of Civil
2Procedure. Failure to include the statement in the order for
3support does not affect the validity of the order or the
4accrual of interest as provided in this Section.
5    (c) A one-time charge of 20% is imposable upon the amount
6of past-due child support owed on July 1, 1988 which has
7accrued under a support order entered by the court. The charge
8shall be imposed in accordance with the provisions of Section
910-21 of the Illinois Public Aid Code and shall be enforced by
10the court upon petition.
11    (d) Any new or existing support order entered by the court
12under this Section shall be deemed to be a series of judgments
13against the person obligated to pay support thereunder, each
14such judgment to be in the amount of each payment or
15installment of support and each such judgment to be deemed
16entered as of the date the corresponding payment or
17installment becomes due under the terms of the support order.
18Each such judgment shall have the full force, effect and
19attributes of any other judgment of this State, including the
20ability to be enforced. Notwithstanding any other State or
21local law to the contrary, a lien arises by operation of law
22against the real and personal property of the obligor for each
23installment of overdue support owed by the obligor.
24    (e) When child support is to be paid through the Clerk of
25the Court in a county of 500,000 inhabitants or less, the order
26shall direct the obligor to pay to the Clerk, in addition to

 

 

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1the child support payments, all fees imposed by the county
2board under paragraph (2) of subsection (j-5) of Section 27.1b
3paragraph (4) of subsection (bb) of Section 27.1a of the
4Clerks of Courts Act. When child support is to be paid through
5the clerk of the court in a county of more than 500,000 but
6less than 3,000,000 inhabitants, the order shall direct the
7obligor to pay to the clerk, in addition to the child support
8payments, all fees imposed by the county board under paragraph
9(4) of subsection (bb) of Section 27.2 of the Clerks of Courts
10Act. Unless paid pursuant to an Income Withholding
11Order/Notice for Support, the payment of the fee shall be by
12payment acceptable to the clerk and shall be made to the order
13of the Clerk.
14    (f) All orders for support, when entered or modified,
15shall include a provision requiring the obligor to notify the
16court and, in cases in which a party is receiving child and
17spouse services under Article X of the Illinois Public Aid
18Code, the Department of Healthcare and Family Services, within
197 days, (i) of the name and address of any new employer of the
20obligor, (ii) whether the obligor has access to health
21insurance coverage through the employer or other group
22coverage and, if so, the policy name and number and the names
23of persons covered under the policy, except only the initials
24of any covered minors shall be included, and (iii) of any new
25residential or mailing address or telephone number of the
26obligor. In any subsequent action to enforce a support order,

 

 

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1upon a sufficient showing that a diligent effort has been made
2to ascertain the location of the obligor, service of process
3or provision of notice necessary in the case may be made at the
4last known address of the obligor in any manner expressly
5provided by the Code of Civil Procedure or this Act, which
6service shall be sufficient for purposes of due process.
7    (g) An order for support shall include a date on which the
8current support obligation terminates. The termination date
9shall be no earlier than the date on which the child covered by
10the order will attain the age of 18. However, if the child will
11not graduate from high school until after attaining the age of
1218, then the termination date shall be no earlier than the
13earlier of the date on which the child's high school
14graduation will occur or the date on which the child will
15attain the age of 19. The order for support shall state that
16the termination date does not apply to any arrearage that may
17remain unpaid on that date. Nothing in this subsection shall
18be construed to prevent the court from modifying the order or
19terminating the order in the event the child is otherwise
20emancipated.
21    (g-5) If there is an unpaid arrearage or delinquency (as
22those terms are defined in the Income Withholding for Support
23Act) equal to at least one month's support obligation on the
24termination date stated in the order for support or, if there
25is no termination date stated in the order, on the date the
26child attains the age of majority or is otherwise emancipated,

 

 

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1the periodic amount required to be paid for current support of
2that child immediately prior to that date shall automatically
3continue to be an obligation, not as current support but as
4periodic payment toward satisfaction of the unpaid arrearage
5or delinquency. That periodic payment shall be in addition to
6any periodic payment previously required for satisfaction of
7the arrearage or delinquency. The total periodic amount to be
8paid toward satisfaction of the arrearage or delinquency may
9be enforced and collected by any method provided by law for
10enforcement and collection of child support, including but not
11limited to income withholding under the Income Withholding for
12Support Act. Each order for support entered or modified on or
13after January 1, 2005 (the effective date of Public Act
1493-1061) must contain a statement notifying the parties of the
15requirements of this subsection. Failure to include the
16statement in the order for support does not affect the
17validity of the order or the operation of the provisions of
18this subsection with regard to the order. This subsection
19shall not be construed to prevent or affect the establishment
20or modification of an order for support of a minor child or the
21establishment or modification of an order for support of a
22non-minor child or educational expenses under Section 513 of
23this Act.
24    (h) An order entered under this Section shall include a
25provision requiring either parent to report to the other
26parent and to the Clerk of Court within 10 days each time

 

 

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1either parent obtains new employment, and each time either
2parent's employment is terminated for any reason. The report
3shall be in writing and shall, in the case of new employment,
4include the name and address of the new employer. Failure to
5report new employment or the termination of current
6employment, if coupled with nonpayment of support for a period
7in excess of 60 days, is indirect criminal contempt. For
8either parent arrested for failure to report new employment
9bond shall be set in the amount of the child support that
10should have been paid during the period of unreported
11employment. An order entered under this Section shall also
12include a provision requiring either obligor and obligee to
13advise the other of a change in residence within 5 days of the
14change except when the court finds that the physical, mental,
15or emotional health of a party or that of a child, or both,
16would be seriously endangered by disclosure of the party's
17address.
18    (i) The court does not lose the powers of contempt,
19driver's license suspension, or other child support
20enforcement mechanisms, including, but not limited to,
21criminal prosecution as set forth in this Act, upon the
22emancipation of the minor child.
23(Source: P.A. 102-823, eff. 5-13-22.)
 
24    (750 ILCS 5/509)  (from Ch. 40, par. 509)
25    Sec. 509. Independence of Provisions of Judgment or

 

 

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1Temporary Order. If a party fails to comply with a provision of
2a judgment, order, or injunction, the obligation of the other
3party to make payments for support or maintenance or to permit
4visitation or parenting time is not suspended; but the other
5party he may move the court to grant an appropriate order.
6(Source: P.A. 99-90, eff. 1-1-16.)
 
7    (750 ILCS 5/600)
8    Sec. 600. Definitions. For purposes of this Part VI:
9    (a) "Abuse" has the meaning ascribed to that term in
10Section 103 of the Illinois Domestic Violence Act of 1986.
11    (b) "Allocation judgment" means a judgment allocating
12parental responsibilities.
13    (c) "Caretaking functions" means tasks that involve
14interaction with a child or that direct, arrange, and
15supervise the interaction with and care of a child provided by
16others, or for obtaining the resources allowing for the
17provision of these functions. The term includes, but is not
18limited to, the following:
19        (1) satisfying a child's nutritional needs; managing a
20    child's bedtime and wake-up routines; caring for a child
21    when the child is sick or injured; being attentive to a
22    child's personal hygiene needs, including washing,
23    grooming, and dressing; playing with a child and ensuring
24    the child attends scheduled extracurricular activities;
25    protecting a child's physical safety; and providing

 

 

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1    transportation for a child;
2        (2) directing a child's various developmental needs,
3    including the acquisition of motor and language skills,
4    toilet training, self-confidence, and maturation;
5        (3) providing discipline, giving instruction in
6    manners, assigning and supervising chores, and performing
7    other tasks that attend to a child's needs for behavioral
8    control and self-restraint;
9        (4) ensuring the child attends school, including
10    remedial and special services appropriate to the child's
11    needs and interests, communicating with teachers and
12    counselors, and supervising homework;
13        (5) helping a child develop and maintain appropriate
14    interpersonal relationships with peers, siblings, and
15    other family members;
16        (6) ensuring the child attends medical appointments
17    and is available for medical follow-up and meeting the
18    medical needs of the child in the home;
19        (7) providing moral and ethical guidance for a child;
20    and
21        (8) arranging alternative care for a child by a family
22    member, babysitter, or other child care provider or
23    facility, including investigating such alternatives,
24    communicating with providers, and supervising such care.
25    (d) "Parental responsibilities" means both parenting time
26and significant decision-making responsibilities with respect

 

 

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1to a child.
2    (e) "Parenting time" means the time during which a parent
3is responsible for exercising caretaking functions and
4non-significant decision-making responsibilities with respect
5to the child.
6    (f) "Parenting plan" means a written agreement that
7allocates significant decision-making responsibilities,
8parenting time, or both.
9    (g) "Relocation" means:
10        (1) a change of residence from the child's current
11    primary residence located in the county of Cook, DuPage,
12    Kane, Lake, McHenry, or Will to a new residence within
13    this State that is more than 25 miles from the child's
14    current residence, as measured by an Internet mapping
15    service using surface roads;
16        (2) a change of residence from the child's current
17    primary residence located in a county not listed in
18    paragraph (1) to a new residence within this State that is
19    more than 50 miles from the child's current primary
20    residence, as measured by an Internet mapping service
21    using surface roads; or
22        (3) a change of residence from the child's current
23    primary residence to a residence outside the borders of
24    this State that is more than 25 miles from the current
25    primary residence, as measured by an Internet mapping
26    service using surface roads.

 

 

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1    If the Internet mapping service offers alternative routes,
2the alternative route that is the shortest distance shall be
3used.
4    (h) "Religious upbringing" means the choice of religion or
5denomination of a religion, religious schooling, religious
6training, or participation in religious customs or practices.
7    (i) "Restriction of parenting time" means any limitation
8or condition placed on parenting time, including supervision.
9    (j) "Right of first refusal" has the meaning provided in
10subsection (b) of Section 602.3 of this Act.
11    (k) "Significant decision-making" means deciding issues of
12long-term importance in the life of a child.
13    (l) "Step-parent" means a person married to a child's
14parent, including a person married to the child's parent
15immediately prior to the parent's death.
16    (m) "Supervision" means the presence of a third party
17during a parent's exercise of parenting time.
18(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)
 
19    (750 ILCS 5/602.10)
20    Sec. 602.10. Parenting plan.
21    (a) Filing of parenting plan. All parents, within 120 days
22after service or filing of any petition for allocation of
23parental responsibilities, must file with the court, either
24jointly or separately, a proposed parenting plan. The time
25period for filing a parenting plan may be extended by the court

 

 

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1for good cause shown. If no appearance has been filed by the
2respondent, no parenting plan is required unless ordered by
3the court.
4    (b) No parenting plan filed. In the absence of filing of
5one or more parenting plans, the court must conduct an
6evidentiary hearing to allocate parental responsibilities.
7    (c) Mediation. The court shall order mediation to assist
8the parents in formulating or modifying a parenting plan or in
9implementing a parenting plan unless the court determines that
10impediments to mediation exist. Costs under this subsection
11shall be allocated between the parties pursuant to the
12applicable statute or Supreme Court Rule.
13    (d) Parents' agreement on parenting plan. The parenting
14plan must be in writing and signed by both parents. The parents
15must submit the parenting plan to the court for approval
16within 120 days after service of a petition for allocation of
17parental responsibilities or the filing of an appearance,
18except for good cause shown. Notwithstanding the provisions
19above, the parents may agree upon and submit a parenting plan
20at any time after the commencement of a proceeding until prior
21to the entry of a judgment of dissolution of marriage. The
22agreement is binding upon the court unless it finds, after
23considering the circumstances of the parties and any other
24relevant evidence produced by the parties, that the agreement
25is not in the best interests of the child. If the court does
26not approve the parenting plan, the court shall make express

 

 

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1findings of the reason or reasons for its refusal to approve
2the plan. The court, on its own motion, may conduct an
3evidentiary hearing to determine whether the parenting plan is
4in the child's best interests.
5    (e) Parents cannot agree on parenting plan. When parents
6fail to submit an agreed parenting plan, each parent must file
7and submit a written, signed parenting plan to the court
8within 120 days after the filing of an appearance, except for
9good cause shown. The court's determination of parenting time
10should be based on the child's best interests. The filing of
11the plan may be excused by the court if:
12        (1) the parties have commenced mediation for the
13    purpose of formulating a parenting plan; or
14        (2) the parents have agreed in writing to extend the
15    time for filing a proposed plan and the court has approved
16    such an extension; or
17        (3) the court orders otherwise for good cause shown.
18    (f) Parenting plan contents. At a minimum, a parenting
19plan must set forth the following:
20        (1) an allocation of significant decision-making
21    responsibilities;
22        (2) provisions for the child's living arrangements and
23    for each parent's parenting time, including either:
24            (A) a schedule that designates in which parent's
25        home the minor child will reside on given days; or
26            (B) a formula or method for determining such a

 

 

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1        schedule in sufficient detail to be enforced in a
2        subsequent proceeding;
3        (3) a mediation provision addressing any proposed
4    reallocation of parenting time or regarding the terms of
5    allocation of parental responsibilities, except that this
6    provision is not required if one parent is allocated all
7    significant decision-making responsibilities;
8        (4) each parent's right of access to medical, dental,
9    and psychological records (subject to the Mental Health
10    and Developmental Disabilities Confidentiality Act), child
11    care records, and school and extracurricular records,
12    reports, and schedules, unless expressly denied by a court
13    order or denied under Section 602.11;
14        (5) a designation of the parent who will be
15    denominated as the parent with the majority of parenting
16    time for purposes of Section 606.10;
17        (6) the child's residential address for school
18    enrollment purposes only;
19        (7) each parent's residence address and phone number,
20    and each parent's place of employment and employment
21    address and phone number;
22        (8) a requirement that a parent changing his or her
23    residence provide at least 60 days prior written notice of
24    the change to any other parent under the parenting plan or
25    allocation judgment, unless such notice is impracticable
26    or unless otherwise ordered by the court. If such notice

 

 

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1    is impracticable, written notice shall be given at the
2    earliest date practicable. At a minimum, the notice shall
3    set forth the following:
4            (A) the intended date of the change of residence;
5        and
6            (B) the address of the new residence;
7        (9) provisions requiring each parent to notify the
8    other of emergencies, health care, travel plans, or other
9    significant child-related issues;
10        (10) transportation arrangements between the parents;
11        (11) provisions for communications, including
12    electronic communications, with the child during the other
13    parent's parenting time;
14        (12) provisions for resolving issues arising from a
15    parent's future relocation, if applicable;
16        (13) provisions for future modifications of the
17    parenting plan, if specified events occur;
18        (14) provisions for the exercise of the right of first
19    refusal, if so desired, that are consistent with the best
20    interests of the minor child; provisions in the plan for
21    the exercise of the right of first refusal must include:
22            (i) the length and kind of child-care requirements
23        invoking the right of first refusal;
24            (ii) notification to the other parent and for his
25        or her response;
26            (iii) transportation requirements; and

 

 

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1            (iv) any other provision related to the exercise
2        of the right of first refusal necessary to protect and
3        promote the best interests of the minor child; and
4        (15) any other provision that addresses the child's
5    best interests or that will otherwise facilitate
6    cooperation between the parents.
7    The personal information under items (6), (7), and (8) of
8this subsection is not required if there is evidence of or the
9parenting plan states that there is a history of domestic
10violence or abuse, or it is shown that the release of the
11information is not in the child's or parent's best interests.
12    (g) The court shall conduct a trial or hearing to
13determine a plan which maximizes the child's relationship and
14access to both parents and shall ensure that the access and the
15overall plan are in the best interests of the child. The court
16shall take the parenting plans into consideration when
17determining parenting time and responsibilities at trial or
18hearing.
19    (h) The court may consider, consistent with the best
20interests of the child as defined in Section 602.7 of this Act,
21whether to award to one or both of the parties the right of
22first refusal in accordance with Section 602.3 of this Act.
23    (i) A parenting plan or allocation judgment, once approved
24or entered by the court, shall be considered final for
25purposes of modification under Section 610.5 or appeal, unless
26the underlying action is dismissed. If the underlying action

 

 

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1in which the parenting plan or allocation judgment is approved
2or entered by the court is subsequently dismissed, the
3parenting plan or allocation judgment shall be void and
4unenforceable.
5(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)
 
6    (750 ILCS 5/607.5)
7    Sec. 607.5. Abuse of allocated parenting time.
8    (a) The court shall provide an expedited procedure for the
9enforcement of allocated parenting time.
10    (b) An action for the enforcement of allocated parenting
11time may be commenced by a parent or a person appointed under
12Section 506 by filing a petition setting forth: (i) the
13petitioner's name and residence address or mailing address,
14except that if the petition states that disclosure of
15petitioner's address would risk abuse of petitioner or any
16member of petitioner's family or household or reveal the
17confidential address of a shelter for domestic violence
18victims, that address may be omitted from the petition; (ii)
19the respondent's name and place of residence, place of
20employment, or mailing address; (iii) the terms of the
21parenting plan or allocation judgment then in effect; (iv) the
22nature of the violation of the allocation of parenting time,
23giving dates and other relevant information; and (v) that a
24reasonable attempt was made to resolve the dispute.
25    (c) If the court finds by a preponderance of the evidence

 

 

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1that a parent has not complied with allocated parenting time
2according to an approved parenting plan or a court order, the
3court, in the child's best interests, shall issue an order
4that may include one or more of the following:
5        (1) an imposition of additional terms and conditions
6    consistent with the court's previous allocation of
7    parenting time or other order;
8        (2) a requirement that either or both of the parties
9    attend a parental education program at the expense of the
10    non-complying parent;
11        (3) upon consideration of all relevant factors,
12    particularly a history or possibility of domestic
13    violence, a requirement that the parties participate in
14    family or individual counseling, the expense of which
15    shall be allocated by the court. Counseling ordered under
16    this Section is subject to the Mental Health and
17    Developmental Disabilities Confidentiality Act and the
18    federal Health Insurance Portability and Accountability
19    Act of 1996; if counseling is ordered, all counseling
20    sessions shall be confidential, and the communications in
21    counseling shall not be used in any manner in litigation
22    nor relied upon by an expert appointed by the court or
23    retained by any party;
24        (4) a requirement that the non-complying parent post a
25    cash bond or other security to ensure future compliance,
26    including a provision that the bond or other security may

 

 

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1    be forfeited to the other parent for payment of expenses
2    on behalf of the child as the court shall direct;
3        (5) a requirement that makeup parenting time be
4    provided for the aggrieved parent or child under the
5    following conditions:
6            (A) that the parenting time is of the same type and
7        duration as the parenting time that was denied,
8        including but not limited to parenting time during
9        weekends, on holidays, and on weekdays and during
10        times when the child is not in school;
11            (B) that the parenting time is made up within 6
12        months after the noncompliance occurs, unless the
13        period of time or holiday cannot be made up within 6
14        months, in which case the parenting time shall be made
15        up within one year after the noncompliance occurs;
16        (6) a finding that the non-complying parent is in
17    contempt of court;
18        (7) an imposition on the non-complying parent of an
19    appropriate civil fine per incident of denied parenting
20    time;
21        (8) a requirement that the non-complying parent
22    reimburse the other parent for all reasonable expenses
23    incurred as a result of the violation of the parenting
24    plan or court order; and
25        (9) any other provision that may promote the child's
26    best interests.

 

 

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1    (d) In addition to any other order entered under
2subsection (c), except for good cause shown, the court shall
3order a parent who has failed to provide allocated parenting
4time or to exercise allocated parenting time to pay the
5aggrieved party his or her reasonable attorney's fees, court
6costs, and expenses associated with an action brought under
7this Section. If the court finds that the respondent in an
8action brought under this Section has not violated the
9allocated parenting time, the court may order the petitioner
10to pay the respondent's reasonable attorney's fees, court
11costs, and expenses incurred in the action.
12    (e) Nothing in this Section precludes a party from
13maintaining any other action as provided by law.
14    (f) When the court issues an order holding a party in
15contempt for violation of a parenting time order and finds
16that the party engaged in parenting time abuse, the court may
17order one or more of the following:
18        (1) Suspension of a party's Illinois driving
19    privileges pursuant to Section 7-703 of the Illinois
20    Vehicle Code until the court determines that the party is
21    in compliance with the parenting time order. The court may
22    also order that a party be issued a family financial
23    responsibility driving permit that would allow limited
24    driving privileges for employment, for medical purposes,
25    and to transport a child to or from scheduled parenting
26    time in order to comply with a parenting time order in

 

 

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1    accordance with subsection (a-1) of Section 7-702.1 of the
2    Illinois Vehicle Code.
3        (2) Placement of a party on probation with such
4    conditions of probation as the court deems advisable.
5        (3) Sentencing of a party to periodic imprisonment for
6    a period not to exceed 6 months; provided, that the court
7    may permit the party to be released for periods of time
8    during the day or night to:
9            (A) work; or
10            (B) conduct a business or other self-employed
11        occupation.
12        (4) Find that a party in engaging in parenting time
13    abuse is guilty of a petty offense and should be fined an
14    amount of no more than $500 for each finding of parenting
15    time abuse.
16    (g) When the court issues an order holding a party in
17contempt of court for violation of a parenting order, the
18clerk shall transmit a copy of the contempt order to the
19sheriff of the county. The sheriff shall furnish a copy of each
20contempt order to the Illinois State Police on a daily basis in
21the form and manner required by the Department. The Department
22shall maintain a complete record and index of the contempt
23orders and make this data available to all local law
24enforcement agencies.
25    (h) Nothing contained in this Section shall be construed
26to limit the court's contempt power.

 

 

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1(Source: P.A. 102-538, eff. 8-20-21.)