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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4383
Introduced 1/4/2006, by Rep. Patricia R. Bellock - James H. Meyer SYNOPSIS AS INTRODUCED: |
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750 ILCS 5/505.2 |
from Ch. 40, par. 505.2 |
750 ILCS 45/14 |
from Ch. 40, par. 2514 |
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Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that the court shall order the obligor to reimburse the obligee for 50% of the premium for placing the child on his or her health insurance policy if: (i) a health insurance plan
is not available to the obligor through an employer or labor union or
trade union and the court does not order the obligor to cover the child as a beneficiary of any health insurance plan that is
available to the obligor on a group basis or as a beneficiary of an
independent health insurance plan to be obtained by the obligor; or (ii) the obligor does not obtain medical insurance for the child within 90 days of the date of the court order requiring the obligor to obtain insurance for the child. Permits the court to order the obligor to reimburse the obligee for 100% of the premium for placing the child on his or her health insurance policy. Amends the Illinois Parentage Act of 1984. Instructs the court to use the guidelines in the listed Sections of the Illinois Marriage and Dissolution of Marriage Act for purposes of child health insurance coverage.
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A BILL FOR
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HB4383 |
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LRB094 13813 LCT 48977 b |
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| AN ACT concerning families.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Marriage and Dissolution of |
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| Marriage Act is amended by changing Section 505.2 as follows:
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| (750 ILCS 5/505.2) (from Ch. 40, par. 505.2)
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| Sec. 505.2. Health insurance.
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| (a) Definitions. As used in this Section:
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| (1) "Obligee" means the individual to whom the duty of |
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| support is owed or
the individual's legal representative.
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| (2) "Obligor" means the individual who owes a duty of |
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| support pursuant
to an order for support.
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| (3) "Public office" means any elected official or any |
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| State or local
agency which is or may become responsible by |
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| law for enforcement of, or
which is or may become |
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| authorized to enforce, an order for support,
including, but |
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| not limited to: the Attorney General, the Illinois
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| Department of Public Aid, the Illinois Department of Human |
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| Services, the
Illinois Department of Children and Family |
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| Services, and the various State's
Attorneys, Clerks of the |
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| Circuit Court and supervisors of general assistance.
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| (4) "Child" shall have the meaning ascribed to it in |
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| Section 505.
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| (b) Order.
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| (1) Whenever the court establishes, modifies or |
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| enforces an
order for child support or for child support |
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| and maintenance the court
shall include in the order a |
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| provision for the health care coverage of the
child which |
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| shall, upon request of the obligee or Public Office, |
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| require that
any child
covered by the order be named as a |
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| beneficiary of any health insurance plan
that is available |
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| to the obligor through an employer or labor union or
trade |
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HB4383 |
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LRB094 13813 LCT 48977 b |
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| union. If the court finds that such a plan is not available |
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| to the
obligor, or that the plan is not accessible to the |
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| obligee, the court may, upon
request of the obligee or |
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| Public Office, order the obligor to name the child
covered |
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| by the order as a beneficiary of any health insurance plan |
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| that is
available to the obligor on a group basis, or as a |
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| beneficiary of an
independent health insurance plan to be |
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| obtained by the obligor, after
considering the following |
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| factors:
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| (A) the medical needs of the child;
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| (B) the availability of a plan to meet those needs; |
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| and
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| (C) the cost of such a plan to the obligor.
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| (2) If the employer or labor union or trade union |
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| offers more than
one plan, the order shall require the |
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| obligor to name the child as a
beneficiary of the plan in |
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| which the obligor is enrolled.
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| (3) Nothing in this Section shall be construed to limit |
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| the authority of
the court to establish or modify a support |
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| order to provide for payment of
expenses, including |
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| deductibles, copayments and any other health expenses,
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| which are in addition to expenses covered by an insurance |
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| plan of which a
child is ordered to be named a beneficiary |
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| pursuant to this Section.
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| (c) Implementation and enforcement.
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| (1) When the court order requires that
a minor child be |
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| named as a beneficiary of a health insurance plan, other |
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| than
a health insurance plan available through an employer |
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| or labor union or trade
union, the obligor shall provide |
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| written proof to the obligee or Public Office
that the |
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| required insurance has been obtained, or that application |
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| for
insurability has been made, within 30 days of receiving |
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| notice of the court
order. Unless the obligor was present |
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| in court when the order was issued,
notice of the order |
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| shall be given pursuant to Illinois Supreme Court Rules.
If |
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| an obligor fails to provide the required proof, he may be |
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HB4383 |
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LRB094 13813 LCT 48977 b |
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| held in contempt
of court.
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| (2) When the court requires that a child be named as a
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| beneficiary of a health insurance plan available through an |
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| employer or
labor union or trade union, the court's order |
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| shall be implemented in
accordance with the Income |
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| Withholding for Support Act.
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| (2.5) The court shall order the obligor to reimburse |
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| the obligee for 50% of the premium for placing the child on |
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| his or her health insurance policy if: |
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| (i) a health insurance plan
is not available to the |
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| obligor through an employer or labor union or
trade |
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| union and the court does not order the obligor to cover |
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| the child as a beneficiary of any health insurance plan |
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| that is
available to the obligor on a group basis or as |
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| a beneficiary of an
independent health insurance plan |
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| to be obtained by the obligor; or |
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| (ii) the obligor does not obtain medical insurance |
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| for the child within 90 days of the date of the court |
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| order requiring the obligor to obtain insurance for the |
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| child. |
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| The court may order the obligor to reimburse the |
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| obligee for 100% of the premium for placing the child on |
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| his or her health insurance policy.
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| (d) Failure to maintain insurance. The dollar amount of the |
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| premiums
for court-ordered health insurance, or that portion of |
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| the premiums for
which the obligor is responsible in the case |
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| of insurance provided under a
group health insurance plan |
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| through an employer or labor union or trade
union where the |
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| employer or labor union or trade union pays a portion of the
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| premiums, shall be considered an additional child support |
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| obligation owed by
the obligor. Whenever the obligor fails to |
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| provide or maintain health
insurance pursuant to an order for |
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| support, the obligor shall be liable to the
obligee for the |
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| dollar amount of the premiums which were not paid, and shall
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| also be liable for all medical expenses incurred by the child |
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| which
would
have been paid or reimbursed by the health |
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LRB094 13813 LCT 48977 b |
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| insurance which the obligor was
ordered to provide or maintain. |
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| In addition, the obligee may petition the court
to modify the |
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| order based solely on the obligor's failure to pay the premiums
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| for court-ordered health insurance.
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| (e) Authorization for payment. The signature of the obligee |
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| is a valid
authorization to the insurer to process a claim for |
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| payment under the
insurance plan to the provider of the health |
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| care services or to the obligee.
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| (f) Disclosure of information. The obligor's employer or |
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| labor union
or trade union shall disclose to the obligee or |
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| Public Office, upon request,
information concerning any |
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| dependent coverage plans which would be made
available to a new |
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| employee or labor union member or trade union member. The
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| employer or labor union or trade union shall disclose such |
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| information whether
or not a court order for medical support |
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| has been entered.
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| (g) Employer obligations. If a parent is required by an
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| order for support to provide coverage for a child's health care
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| expenses and if that coverage is available to the parent |
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| through an employer
who does business in this State, the |
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| employer must do all of the
following upon receipt of a copy of |
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| the order of support or order for
withholding:
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| (1) The employer shall, upon the parent's request, |
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| permit the parent to
include in that coverage a
child who |
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| is otherwise eligible for that coverage, without regard to |
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| any
enrollment season restrictions that might otherwise be |
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| applicable as
to the time period within which the child may |
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| be added to that coverage.
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| (2) If the parent has health care coverage through the |
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| employer but fails
to apply for coverage
of the child, the |
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| employer shall include the child in the parent's coverage
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| upon application by the child's other parent or the |
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| Illinois Department of
Public Aid.
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| (3) The employer may not eliminate any child from the |
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| parent's health care
coverage unless the employee is no |
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| longer employed by the employer and no
longer covered under |
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HB4383 |
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LRB094 13813 LCT 48977 b |
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| the employer's group health plan or unless the employer is
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| provided with satisfactory written evidence of
either of |
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| the following:
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| (A) The order for support is no longer in effect.
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| (B) The child is or will be included in a |
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| comparable health care plan
obtained by the parent |
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| under such order that is currently in effect or will
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| take effect no later than the date the prior coverage |
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| is terminated.
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| The employer may eliminate a child from a parent's |
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| health care plan
obtained by the parent under such order if |
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| the employer has eliminated
dependent health care coverage |
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| for all of its employees.
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| (Source: P.A. 92-16, eff. 6-28-01; 92-876, eff. 6-1-03.)
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| Section 10. The Illinois Parentage Act of 1984 is amended |
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| by changing Section 14 as follows:
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| (750 ILCS 45/14) (from Ch. 40, par. 2514)
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| Sec. 14. Judgment.
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| (a) (1) The judgment shall contain or explicitly reserve
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| provisions concerning any duty and amount of child support
and |
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| may contain provisions concerning the custody and
guardianship |
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| of the child, visitation privileges with the child, the
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| furnishing of bond or other security for the payment of the |
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| judgment,
which the court shall determine in accordance with |
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| the relevant factors
set forth in the Illinois Marriage and |
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| Dissolution of Marriage
Act and any other applicable law of |
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| Illinois,
to guide the court in a finding in the best interests |
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| of the child.
In determining custody, joint custody, removal, |
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| or visitation, the court
shall apply
the relevant standards of |
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| the Illinois Marriage and Dissolution of Marriage
Act, |
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| including Section 609. Specifically, in determining the amount |
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| of any
child support award or child health insurance coverage , |
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| the
court shall use the guidelines and standards set forth in |
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| subsection (a) of
Section 505 and in Section 505.2 of the |
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HB4383 |
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LRB094 13813 LCT 48977 b |
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| Illinois Marriage and Dissolution of
Marriage Act. For purposes |
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| of Section
505 of the Illinois Marriage and Dissolution of |
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| Marriage Act,
"net income" of the non-custodial parent shall |
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| include any benefits
available to that person under the |
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| Illinois Public Aid Code or from other
federal, State or local |
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| government-funded programs. The court shall, in
any event and |
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| regardless of the amount of the non-custodial parent's net
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| income, in its judgment order the non-custodial parent to pay |
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| child support
to the custodial parent in a minimum amount of |
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| not less than $10 per month.
In an action brought within 2 |
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| years after a child's birth, the judgment or
order may direct |
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| either parent to pay the reasonable expenses incurred by
either |
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| parent related to the mother's pregnancy and the delivery of |
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| the
child. The judgment or order shall contain the father's |
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| social security number,
which the father shall disclose to the |
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| court; however, failure to include the
father's social security |
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| number on the judgment or order does not invalidate
the |
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| judgment or order.
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| (2) If a judgment of parentage contains no explicit award |
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| of custody,
the establishment of a support obligation or of |
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| visitation rights in one
parent shall be considered a judgment |
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| granting custody to the other parent.
If the parentage judgment |
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| contains no such provisions, custody shall be
presumed to be |
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| with the mother;
however, the presumption shall not apply if |
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| the father has had
physical custody for at least 6
months prior |
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| to the date that the mother seeks to enforce custodial rights.
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| (b) The court shall order all child support payments, |
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| determined in
accordance with such guidelines, to commence with |
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| the date summons is
served. The level of current periodic |
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| support payments shall not be
reduced because of payments set |
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| for the period prior to the date of entry
of the support order. |
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| The Court may order any child support payments to be
made for a
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| period prior to the commencement of the action.
In determining |
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| whether and the extent to which the
payments shall be made for |
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| any prior period, the court shall consider all
relevant facts, |
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| including the factors for determining the amount of support
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LRB094 13813 LCT 48977 b |
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| specified in the Illinois Marriage and Dissolution of Marriage
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| Act and other equitable factors
including but not limited to:
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| (1) The father's prior knowledge of the fact and |
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| circumstances of the
child's birth.
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| (2) The father's prior willingness or refusal to help |
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| raise or
support the child.
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| (3) The extent to which the mother or the public agency |
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| bringing the
action previously informed the father of the |
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| child's needs or attempted
to seek or require his help in |
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| raising or supporting the child.
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| (4) The reasons the mother or the public agency did not |
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| file the
action earlier.
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| (5) The extent to which the father would be prejudiced |
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| by the delay in
bringing the action.
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| For purposes of determining the amount of child support to |
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| be paid for any
period before the date the order for current |
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| child support is entered, there is
a
rebuttable presumption |
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| that the father's net income for the prior period was
the same |
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| as his net income at the time the order for current child |
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| support is
entered.
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| If (i) the non-custodial parent was properly served with a |
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| request for
discovery of
financial information relating to the |
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| non-custodial parent's ability to provide
child support, (ii)
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| the non-custodial parent failed to comply with the request, |
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| despite having been
ordered to
do so by the court, and (iii) |
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| the non-custodial parent is not present at the
hearing to
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| determine support despite having received proper notice, then |
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| any relevant
financial
information concerning the |
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| non-custodial parent's ability to provide child
support
that |
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| was
obtained pursuant to subpoena and proper notice shall be |
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| admitted into evidence
without
the need to establish any |
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| further foundation for its admission.
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| (c) Any new or existing support order entered by the court |
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| under this
Section shall be deemed to be a series of judgments
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| against the person obligated to pay support thereunder, each |
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| judgment
to be in the amount of each payment or installment of |
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| support and each such
judgment to be deemed entered as of the |
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| date the corresponding payment or
installment becomes due under |
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| the terms of the support order. Each
judgment shall have the |
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| full force, effect and attributes of any other
judgment of this |
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| State, including the ability to be enforced.
A lien arises by |
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| operation of law against the real and personal property of
the |
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| noncustodial parent for each installment of overdue support |
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| owed by the
noncustodial parent.
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| (d) If the judgment or order of the court is at variance |
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| with the child's
birth certificate, the court shall order that |
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| a new birth certificate be
issued under the Vital Records Act.
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| (e) On request of the mother and the father, the court |
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| shall order a
change in the child's name. After hearing |
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| evidence the court may stay
payment of support during the |
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| period of the father's minority or period of
disability.
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| (f) If, upon a showing of proper service, the father fails |
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| to appear in
court, or
otherwise appear as provided by law, the |
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| court may proceed to hear the
cause upon testimony of the |
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| mother or other parties taken in open court and
shall enter a |
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| judgment by default. The court may reserve any order as to
the |
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| amount of child support until the father has received notice, |
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| by
regular mail, of a hearing on the matter.
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| (g) A one-time charge of 20% is imposable upon the amount |
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| of past-due
child support owed on July 1, 1988 which has |
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| accrued under a support order
entered by the court. The charge |
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| shall be imposed in accordance with the
provisions of Section |
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| 10-21 of the Illinois Public Aid Code and shall be
enforced by |
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| the court upon petition.
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| (h) All orders for support, when entered or
modified, shall |
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| include a provision requiring the non-custodial parent
to
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| notify the court and, in cases in which party is receiving |
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| child
support enforcement services under Article X of the |
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| Illinois Public Aid Code,
the
Illinois Department of Public |
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| Aid, within 7 days, (i) of the name and
address of any new |
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| employer of the non-custodial parent, (ii) whether the
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| non-custodial
parent has access to health insurance coverage |
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LRB094 13813 LCT 48977 b |
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| through the employer or other
group coverage and, if so, the |
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| policy name and number and the names of
persons
covered under |
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| the policy, and (iii) of any new residential or mailing address
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| or telephone
number of the non-custodial parent. In any |
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| subsequent action to enforce a
support order, upon a sufficient |
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| showing that a diligent effort has been made
to ascertain the |
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| location of the non-custodial parent, service of process or
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| provision of notice necessary in the case may be made at the |
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| last known
address of the non-custodial parent in any manner |
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| expressly provided by the
Code of Civil Procedure or this Act, |
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| which service shall be sufficient for
purposes of due process.
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| (i) An order for support shall include a date on which the |
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| current
support obligation terminates. The termination date |
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| shall be no earlier
than
the date on which the child covered by |
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| the order will attain the age of
18. However, if the child will |
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| not graduate from high school until after
attaining the age
of |
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| 18, then the termination date shall be no earlier than the |
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| earlier of the
date on which
the child's high school graduation |
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| will occur or the date on which the child
will attain the
age |
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| of 19.
The order
for
support shall state that
the termination |
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| date does not apply to any arrearage that may remain unpaid on
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| that date. Nothing in this subsection shall be construed to |
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| prevent the court
from modifying the order
or terminating the |
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| order in the event the child is otherwise emancipated.
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| (i-5) If there is an unpaid arrearage or delinquency (as |
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| those terms are defined in the Income Withholding for Support |
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| Act) equal to at least one month's support obligation on the |
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| termination date stated in the order for support or, if there |
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| is no termination date stated in the order, on the date the |
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| child attains the age of majority or is otherwise emancipated, |
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| the periodic amount required to be paid for current support of |
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| that child immediately prior to that date shall automatically |
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| continue to be an obligation, not as current support but as |
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| periodic payment toward satisfaction of the unpaid arrearage or |
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| delinquency. That periodic payment shall be in addition to any |
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| periodic payment previously required for satisfaction of the |
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| arrearage or delinquency. The total periodic amount to be paid |
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| toward satisfaction of the arrearage or delinquency may be |
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| enforced and collected by any method provided by law for |
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| enforcement and collection of child support, including but not |
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| limited to income withholding under the Income Withholding for |
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| Support Act. Each order for support entered or modified on or |
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| after the effective date of this amendatory Act of the 93rd |
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| General Assembly must contain a statement notifying the parties |
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| of the requirements of this subsection. Failure to include the |
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| statement in the order for support does not affect the validity |
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| of the order or the operation of the provisions of this |
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| subsection with regard to the order. This subsection shall not |
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| be construed to prevent or affect the establishment or |
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| modification of an order for support of a minor child or the |
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| establishment or modification of an order for support of a |
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| non-minor child or educational expenses under Section 513 of |
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| the Illinois Marriage and Dissolution of Marriage Act.
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| (j) An order entered under this Section shall include a |
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| provision
requiring the obligor to report to the obligee and to |
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| the clerk of court within
10 days each time the obligor obtains |
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| new employment, and each time the
obligor's employment is |
22 |
| terminated for any reason.
The report shall be in writing and |
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| shall, in the case of new employment,
include the name and |
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| address of the new employer.
Failure to report new employment |
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| or
the termination of current employment, if coupled with |
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| nonpayment of support
for a period in excess of 60 days, is |
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| indirect criminal contempt. For
any obligor arrested for |
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| failure to report new employment bond shall be set in
the |
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| amount of the child support that should have been paid during |
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| the period of
unreported employment. An order entered under |
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| this Section shall also include
a provision requiring the |
32 |
| obligor and obligee parents to advise each other of a
change in |
33 |
| residence within 5 days of the change
except when the court |
34 |
| finds that the physical, mental, or emotional health
of a party |
35 |
| or that of a minor child, or both, would be seriously |
36 |
| endangered by
disclosure of the party's address.
|