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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4385
Introduced 1/4/2006, by Rep. James H. Meyer - Patricia R. Bellock SYNOPSIS AS INTRODUCED: |
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305 ILCS 5/10-8.1 |
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750 ILCS 5/505 |
from Ch. 40, par. 505 |
750 ILCS 16/20 |
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750 ILCS 45/13.1 |
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Amends the Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support Punishment Act, and the Illinois Parentage Act of 1984. Provides that after proper notice has been served upon the non-custodial parent in an action to enforce a child support order, a hearing to show cause for the non-support shall be held within 45 days of the notice.
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A BILL FOR
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HB4385 |
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LRB094 15147 LCT 50326 b |
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| AN ACT concerning child support.
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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 Public Aid Code is amended by |
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| changing Section 10-8.1 as follows:
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| (305 ILCS 5/10-8.1)
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| Sec. 10-8.1. Temporary order for child support. |
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| Notwithstanding any other
law to the contrary, pending the |
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| outcome of an
administrative determination of parentage, the |
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| Illinois Department shall issue
a temporary order for child |
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| support, upon motion by a party and a showing of
clear and |
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| convincing evidence of paternity. In determining the amount of |
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| the
temporary child support award, the Illinois Department |
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| shall use the
guidelines and standards set forth in subsection |
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| (a) of Section 505 and in
Section 505.2 of the Illinois |
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| Marriage and Dissolution of Marriage Act.
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| Any new or existing support order entered by the Illinois |
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| Department under
this Section shall be deemed to be a series of |
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| judgments against the person
obligated to pay support |
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| thereunder, each such judgment to be in the amount of
each |
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| payment or installment of support and each judgment to be |
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| deemed entered
as of the date the corresponding payment or |
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| installment becomes due under the
terms of the support order. |
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| Each such judgment shall have
the full force, effect, and |
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| attributes of any other judgment of this State,
including the |
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| ability to be enforced. Any such judgment is subject to
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| modification or termination only in accordance with Section 510 |
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| of the
Illinois Marriage and Dissolution of Marriage Act.
A |
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| lien arises by operation of law against the real and personal |
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| property of the
noncustodial parent for each
installment of |
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| overdue support owed by the noncustodial parent.
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| All orders for support entered or modified in a case in |
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HB4385 |
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LRB094 15147 LCT 50326 b |
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| which a party is
receiving child support enforcement services |
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| under this
Article X shall include
a provision requiring the |
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| non-custodial parent to notify the Illinois
Department, within |
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| 7 days, (i) of the name, address, and telephone number of
any |
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| new
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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| 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.
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| In any subsequent action to enforce a support order, upon |
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| sufficient showing
that diligent effort has been made to |
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| ascertain the location of the
non-custodial parent, service of |
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| process or provision of notice necessary in
that action may be |
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| made at the last known address of the non-custodial parent,
in |
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| any manner expressly provided by the Code of
Civil Procedure or |
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| this Act, which service shall be sufficient for purposes of
due |
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| process.
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| After proper notice has been served upon the non-custodial |
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| parent in an action to enforce a child support order, a hearing |
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| to show cause for the non-support shall be held within 45 days |
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| of the notice.
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| 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 paragraph shall be construed to |
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| prevent the Illinois Department
from modifying the order or |
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| terminating the order in the event the child is
otherwise |
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| emancipated.
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LRB094 15147 LCT 50326 b |
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| If there is an unpaid arrearage or delinquency (as those |
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| terms are defined in the Income Withholding for Support Act) |
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| 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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| then the periodic amount required to be paid for current |
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| support of that child immediately prior to that date shall |
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| automatically continue to be an obligation, not as current |
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| support but as periodic payment toward satisfaction of the |
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| unpaid arrearage or delinquency. That periodic payment shall be |
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| in addition to any periodic payment previously required for |
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| satisfaction of the arrearage or delinquency. The total |
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| periodic amount to be paid toward satisfaction of the arrearage |
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| or delinquency may be enforced and collected by any method |
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| provided by law for the enforcement and collection of child |
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| support, including but not limited to income withholding under |
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| the Income Withholding for Support Act. Each order for support |
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| entered or modified on or after the effective date of this |
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| amendatory Act of the 93rd General Assembly must contain a |
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| statement notifying the parties of the requirements of this |
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| paragraph. Failure to include the statement in the order for |
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| support does not affect the validity of the order or the |
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| operation of the provisions of this paragraph with regard to |
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| the order. This paragraph shall not be construed to prevent or |
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| affect the establishment or modification of an order for the |
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| support of a minor child or the establishment or modification |
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| of an order for the support of a non-minor child or educational |
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| expenses under Section 513 of the Illinois Marriage and |
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| Dissolution of Marriage Act.
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| (Source: P.A. 92-590, eff. 7-1-02; 92-876, eff. 6-1-03; |
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| 93-1061, eff. 1-1-05.)
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| Section 10. The Illinois Marriage and Dissolution of |
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| Marriage Act is amended by changing Section 505 as follows:
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HB4385 |
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LRB094 15147 LCT 50326 b |
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| (750 ILCS 5/505) (from Ch. 40, par. 505)
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| Sec. 505. Child support; contempt; penalties.
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| (a) In a proceeding for dissolution of marriage, legal |
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| separation,
declaration of invalidity of marriage, a |
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| proceeding for child support
following dissolution of the |
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| marriage by a court which lacked personal
jurisdiction over the |
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| absent spouse, a proceeding for modification of a
previous |
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| order for child support under Section 510 of this Act, or any
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| proceeding authorized under Section 501 or 601 of this Act, the |
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| court may
order either or both parents owing a duty of support |
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| to a child of the
marriage to pay an amount reasonable and |
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| necessary for his support, without
regard to marital |
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| misconduct. The duty of support owed to a child
includes the |
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| obligation to provide for the reasonable and necessary
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| physical, mental and emotional health needs of the child.
For |
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| purposes of this Section, the term "child" shall include any |
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| child under
age 18 and
any child under age 19 who is still |
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| attending high school.
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| (1) The Court shall determine the minimum amount of |
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| support by using the
following guidelines:
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21 | | Number of Children |
Percent of Supporting Party's |
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Net Income |
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20% |
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28% |
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32% |
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40% |
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45% |
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50% |
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| (2) The above guidelines shall be applied in each case |
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| unless the court
makes a finding that application of the |
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| guidelines would be
inappropriate, after considering the |
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| best interests of the child in light of
evidence including |
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| but not limited to one or more of the following relevant
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| factors:
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| (a) the financial resources and needs of the child;
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| (b) the financial resources and needs of the |
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LRB094 15147 LCT 50326 b |
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| custodial parent;
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| (c) the standard of living the child would have |
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| enjoyed had the
marriage not been dissolved;
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| (d) the physical and emotional condition of the |
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| child, and his
educational needs; and
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| (e) the financial resources and needs of the |
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| non-custodial parent.
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| If the court deviates from the guidelines, the court's |
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| finding
shall state the amount of support that would have |
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| been required under the
guidelines, if determinable. The |
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| court shall include the reason or reasons for
the variance |
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| from the
guidelines.
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| (3) "Net income" is defined as the total of all income |
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| from all
sources, minus the following deductions:
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| (a) Federal income tax (properly calculated |
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| withholding or estimated
payments);
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| (b) State income tax (properly calculated |
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| withholding or estimated
payments);
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| (c) Social Security (FICA payments);
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| (d) Mandatory retirement contributions required by |
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| law or as a
condition of employment;
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| (e) Union dues;
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| (f) Dependent and individual |
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| health/hospitalization insurance premiums;
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| (g) Prior obligations of support or maintenance |
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| actually paid pursuant
to a court order;
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| (h) Expenditures for repayment of debts that |
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| represent reasonable and
necessary expenses for the |
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| production of income, medical expenditures
necessary |
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| to preserve life or health, reasonable expenditures |
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| for the
benefit of the child and the other parent, |
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| exclusive of gifts. The court
shall reduce net income |
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| in determining the minimum amount of support to be
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| ordered only for the period that such payments are due |
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| and shall enter an
order containing provisions for its |
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| self-executing modification upon
termination of such |
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HB4385 |
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LRB094 15147 LCT 50326 b |
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| payment period.
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| (4) In cases where the court order provides for
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| health/hospitalization insurance coverage pursuant to |
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| Section 505.2 of
this Act, the premiums for that insurance, |
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| or that portion of the premiums
for which the supporting |
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| party is responsible in the case of insurance
provided |
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| through an employer's health insurance plan where
the |
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| employer pays a portion of the premiums, shall be |
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| subtracted
from net income in determining the minimum |
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| amount of support to be ordered.
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| (4.5) In a proceeding for child support following |
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| dissolution of the
marriage by a court that lacked personal |
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| jurisdiction over the absent spouse,
and in which the court |
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| is requiring payment of support for the period before
the |
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| date an order for current support is entered, there is a |
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| rebuttable
presumption
that the supporting party's net |
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| income for the prior period was the same as his
or her net |
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| income at the time the order for current support is |
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| entered.
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| (5) If the net income cannot be determined because of |
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| default or any
other reason, the court shall order support |
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| in an amount considered
reasonable in the particular case. |
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| The final order in all cases shall
state the support level |
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| in dollar amounts.
However, if the
court finds that the |
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| child support amount cannot be expressed exclusively as a
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| dollar amount because all or a portion of the payor's net |
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| income is uncertain
as to source, time of payment, or |
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| amount, the court may order a percentage
amount of support |
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| in addition to a specific dollar amount and enter
such |
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| other orders as may be necessary to determine and enforce, |
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| on a timely
basis, the applicable support ordered.
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| (6) If (i) the non-custodial parent was properly served |
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| with a request
for
discovery of financial information |
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| relating to the non-custodial parent's
ability to
provide |
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| child support, (ii) the non-custodial parent failed to |
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| comply with the
request,
despite having been ordered to do |
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HB4385 |
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LRB094 15147 LCT 50326 b |
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| so by the court, and (iii) the non-custodial
parent is not |
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| present at the hearing to determine support despite having
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| received
proper notice, then any relevant financial |
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| information concerning the
non-custodial parent's ability |
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| to provide child support that was obtained
pursuant to
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| subpoena and proper notice shall be admitted into evidence |
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| without the need to
establish any further foundation for |
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| its admission.
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| (a-5) In an action to enforce an order for support based on |
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| the
respondent's failure
to make support payments as required |
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| by the order, notice of proceedings to
hold the respondent in |
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| contempt for that failure may be served on the
respondent by |
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| personal service or by regular mail addressed to the |
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| respondent's
last known address. The respondent's last known |
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| address may be determined from
records of the clerk of the |
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| court, from the Federal Case Registry of Child
Support Orders, |
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| or by any other reasonable means.
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| (a-7) After proper notice has been served upon the |
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| non-custodial parent in an action to enforce a child support |
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| order, a hearing to show cause for the non-support shall be |
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| held within 45 days of the notice.
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| (b) Failure of either parent to comply with an order to pay |
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| support shall
be punishable as in other cases of contempt. In |
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| addition to other
penalties provided by law the Court may, |
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| after finding the parent guilty
of contempt, order that the |
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| parent be:
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| (1) placed on probation with such conditions of |
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| probation as the Court
deems advisable;
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| (2) sentenced to periodic imprisonment for a period not |
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| to exceed 6
months; provided, however, that the Court may |
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| permit the parent to be
released for periods of time during |
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| the day or night to:
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| (A) work; or
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| (B) conduct a business or other self-employed |
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| occupation.
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| The Court may further order any part or all of the earnings |
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HB4385 |
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LRB094 15147 LCT 50326 b |
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| of a parent
during a sentence of periodic imprisonment paid to |
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| the Clerk of the Circuit
Court or to the parent having custody |
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| or to the guardian having custody
of the children of the |
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| sentenced parent for the support of said
children until further |
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| order of the Court.
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| If there is a unity of interest and ownership sufficient to |
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| render no
financial separation between a non-custodial parent |
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| and another person or
persons or business entity, the court may |
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| pierce the ownership veil of the
person, persons, or business |
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| entity to discover assets of the non-custodial
parent held in |
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| the name of that person, those persons, or that business |
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| entity.
The following circumstances are sufficient to |
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| authorize a court to order
discovery of the assets of a person, |
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| persons, or business entity and to compel
the application of |
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| any discovered assets toward payment on the judgment for
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| support:
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| (1) the non-custodial parent and the person, persons, |
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| or business entity
maintain records together.
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| (2) the non-custodial parent and the person, persons, |
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| or business entity
fail to maintain an arms length |
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| relationship between themselves with regard to
any assets.
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| (3) the non-custodial parent transfers assets to the |
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| person, persons,
or business entity with the intent to |
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| perpetrate a fraud on the custodial
parent.
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| With respect to assets which
are real property, no order |
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| entered under this paragraph shall affect the
rights of bona |
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| fide purchasers, mortgagees, judgment creditors, or other lien
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| holders who acquire their interests in the property prior to |
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| the time a notice
of lis pendens pursuant to the Code of Civil |
30 |
| Procedure or a copy of the order
is placed of record in the |
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| office of the recorder of deeds for the county in
which the |
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| real property is located.
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| The court may also order in cases where the parent is 90 |
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| days or more
delinquent in payment of support or has been |
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| adjudicated in arrears in an
amount equal to 90 days obligation |
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| or more, that the parent's Illinois driving
privileges be |
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LRB094 15147 LCT 50326 b |
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| suspended until the court
determines that the parent is in |
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| compliance with the order of support.
The court may also order |
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| that the parent be issued a family financial
responsibility |
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| driving permit that would allow limited driving privileges for
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| employment and medical purposes in accordance with Section |
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| 7-702.1 of the
Illinois Vehicle Code. The clerk of the circuit |
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| court shall certify the order
suspending the driving privileges |
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| of the parent or granting the issuance of a
family financial |
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| responsibility driving permit to the Secretary of State on
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| forms prescribed by the Secretary. Upon receipt of the |
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| authenticated
documents, the Secretary of State shall suspend |
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| the parent's driving privileges
until further order of the |
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| court and shall, if ordered by the court, subject to
the |
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| provisions of Section 7-702.1 of the Illinois Vehicle Code, |
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| issue a family
financial responsibility driving permit to the |
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| parent.
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| In addition to the penalties or punishment that may be |
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| imposed under this
Section, any person whose conduct |
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| constitutes a violation of Section 15 of the
Non-Support |
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| Punishment Act may be prosecuted under that Act, and a person
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| convicted under that Act may be sentenced in accordance with |
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| that Act. The
sentence may include but need not be limited to a |
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| requirement that the person
perform community service under |
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| Section 50 of that Act or participate in a work
alternative |
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| program under Section 50 of that Act. A person may not be |
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| required
to participate in a work alternative program under |
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| Section 50 of that Act if
the person is currently participating |
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| in a work program pursuant to Section
505.1 of this Act.
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| A support obligation, or any portion of a support |
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| obligation, which becomes
due and remains unpaid as of the end |
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| of each month, excluding the child support that was due for |
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| that month to the extent that it was not paid in that month, |
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| shall accrue simple interest as set forth in Section 12-109 of |
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| the Code of Civil Procedure.
An order for support entered or |
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| modified on or after January 1, 2006 shall
contain a statement |
36 |
| that a support obligation required under the order, or any
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LRB094 15147 LCT 50326 b |
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| portion of a support obligation required under the order, that |
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| becomes due and
remains unpaid as of the end of each month, |
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| excluding the child support that was due for that month to the |
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| extent that it was not paid in that month, shall accrue simple |
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| interest as set forth in Section 12-109 of the Code of Civil |
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| Procedure. Failure to include the statement in the order for |
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| support does
not affect the validity of the order or the |
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| accrual of interest as provided in
this Section.
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| (c) 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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| (d) 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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| such judgment to be in the
amount of each payment or |
19 |
| installment of support and each such judgment to
be deemed |
20 |
| entered as of the date the corresponding payment or installment
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21 |
| becomes due under the terms of the support order. Each such |
22 |
| judgment shall
have the full force, effect and attributes of |
23 |
| any other judgment of this
State, including the ability to be |
24 |
| enforced.
A lien arises by operation of law against the real |
25 |
| and personal property of
the noncustodial parent for each |
26 |
| installment of overdue support owed by the
noncustodial parent.
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| (e) When child support is to be paid through the clerk of |
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| the court in a
county of 1,000,000 inhabitants or less, the |
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| order shall direct the obligor
to pay to the clerk, in addition |
30 |
| to the child support payments, all fees
imposed by the county |
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| board under paragraph (3) of subsection (u) of
Section 27.1 of |
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| the Clerks of Courts Act. Unless paid in cash or pursuant to
an |
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| order for withholding, the payment of the fee shall be by a |
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| separate
instrument from the support payment and shall be made |
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| to the order of the
Clerk.
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| (f) All orders for support, when entered or
modified, shall |
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LRB094 15147 LCT 50326 b |
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| include a provision requiring the obligor to notify
the court |
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| and, in cases in which a party is receiving child and spouse
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| services under Article X of the Illinois Public Aid Code, the
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| Illinois Department of Public Aid, within 7 days, (i) of the |
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| name and address
of any new employer of the obligor, (ii) |
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| whether the obligor has access to
health insurance coverage |
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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 |
10 |
| or telephone
number of the non-custodial parent. In any |
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| subsequent action to enforce a
support order, upon a sufficient |
12 |
| showing that a diligent effort has been made
to ascertain the |
13 |
| location of the non-custodial parent, service of process or
|
14 |
| provision of notice necessary in the case may be made at the |
15 |
| last known
address of the non-custodial parent in any manner |
16 |
| expressly provided by the
Code of Civil Procedure or this Act, |
17 |
| which service shall be sufficient for
purposes of due process.
|
18 |
| (g) An order for support shall include a date on which the |
19 |
| current
support obligation terminates. The termination date |
20 |
| shall be no earlier than
the date on which the child covered by |
21 |
| the order will attain the age of
18. However, if the child will |
22 |
| not graduate from high school until after
attaining the age of |
23 |
| 18, then the termination date shall be no earlier than the
|
24 |
| earlier of the date on which the child's high school graduation |
25 |
| will occur or
the date on which the child will attain the age |
26 |
| of 19. The order for support
shall state that the termination |
27 |
| date does not apply to any arrearage that may
remain unpaid on |
28 |
| that date. Nothing in this subsection shall be construed to
|
29 |
| prevent the court from modifying the order or terminating the |
30 |
| order in the
event the child is otherwise emancipated.
|
31 |
| (g-5) If there is an unpaid arrearage or delinquency (as |
32 |
| those terms are defined in the Income Withholding for Support |
33 |
| Act) equal to at least one month's support obligation on the |
34 |
| termination date stated in the order for support or, if there |
35 |
| is no termination date stated in the order, on the date the |
36 |
| child attains the age of majority or is otherwise emancipated, |
|
|
|
HB4385 |
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LRB094 15147 LCT 50326 b |
|
|
1 |
| the periodic amount required to be paid for current support of |
2 |
| that child immediately prior to that date shall automatically |
3 |
| continue to be an obligation, not as current support but as |
4 |
| periodic payment toward satisfaction of the unpaid arrearage or |
5 |
| delinquency. That periodic payment shall be in addition to any |
6 |
| periodic payment previously required for satisfaction of the |
7 |
| arrearage or delinquency. The total periodic amount to be paid |
8 |
| toward satisfaction of the arrearage or delinquency may be |
9 |
| enforced and collected by any method provided by law for |
10 |
| enforcement and collection of child support, including but not |
11 |
| limited to income withholding under the Income Withholding for |
12 |
| Support Act. Each order for support entered or modified on or |
13 |
| after the effective date of this amendatory Act of the 93rd |
14 |
| General Assembly must contain a statement notifying the parties |
15 |
| of the requirements of this subsection. Failure to include the |
16 |
| statement in the order for support does not affect the validity |
17 |
| of the order or the operation of the provisions of this |
18 |
| subsection with regard to the order. This subsection shall not |
19 |
| be construed to prevent or affect the establishment or |
20 |
| modification of an order for support of a minor child or the |
21 |
| establishment or modification of an order for support of a |
22 |
| non-minor child or educational expenses under Section 513 of |
23 |
| this Act.
|
24 |
| (h) An order entered under this Section shall include a |
25 |
| provision requiring
the obligor to report to the obligee and to |
26 |
| the clerk of court within 10 days
each time the obligor obtains |
27 |
| new employment, and each time the obligor's
employment is |
28 |
| terminated for any reason. The report shall be in writing and
|
29 |
| shall, in the case of new employment, include the name and |
30 |
| address of the new
employer. Failure to report new employment |
31 |
| or the termination of current
employment, if coupled with |
32 |
| nonpayment of support for a period in excess of 60
days, is |
33 |
| indirect criminal contempt. For any obligor arrested for |
34 |
| failure to
report new employment bond shall be set in the |
35 |
| amount of the child support that
should have been paid during |
36 |
| the period of unreported employment. An order
entered under |
|
|
|
HB4385 |
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LRB094 15147 LCT 50326 b |
|
|
1 |
| this Section shall also include a provision requiring the |
2 |
| obligor
and obligee parents to advise each other of a change in |
3 |
| residence within 5 days
of the change except when the court |
4 |
| finds that the physical, mental, or
emotional health of a party |
5 |
| or that of a child, or both, would be
seriously endangered by |
6 |
| disclosure of the party's address.
|
7 |
| (i) The court does not lose the powers of contempt, |
8 |
| driver's license
suspension, or other child support |
9 |
| enforcement mechanisms, including, but
not limited to, |
10 |
| criminal prosecution as set forth in this Act, upon the
|
11 |
| emancipation of the minor child or children.
|
12 |
| (Source: P.A. 93-148, eff. 7-10-03; 93-1061, eff. 1-1-05; |
13 |
| 94-90, eff. 1-1-06.)
|
14 |
| Section 15. The Non-Support Punishment Act is amended by |
15 |
| changing Section 20 as follows:
|
16 |
| (750 ILCS 16/20)
|
17 |
| Sec. 20. Entry of order for support; income withholding.
|
18 |
| (a) In a case in which no court or administrative order for |
19 |
| support is in
effect against the defendant:
|
20 |
| (1) at any time before the trial, upon motion of the |
21 |
| State's Attorney, or
of the Attorney General if the action |
22 |
| has been instituted by his office, and
upon notice to the |
23 |
| defendant, or at the time of arraignment or as a condition
|
24 |
| of postponement of arraignment, the court may enter such |
25 |
| temporary order for
support as may seem just, providing for |
26 |
| the support or maintenance of the
spouse or child or |
27 |
| children of the defendant, or both, pendente lite; or
|
28 |
| (2) before trial with the consent of the defendant, or |
29 |
| at the trial on
entry of a plea of guilty, or after |
30 |
| conviction, instead of imposing the penalty
provided in |
31 |
| this Act, or in addition thereto, the court may enter an |
32 |
| order for
support, subject to modification by the court |
33 |
| from time to time as
circumstances may require, directing |
34 |
| the defendant to pay a certain sum for
maintenance of the |
|
|
|
HB4385 |
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LRB094 15147 LCT 50326 b |
|
|
1 |
| spouse, or for support of the child or children, or both.
|
2 |
| (b) The court shall determine the amount of child support |
3 |
| by using the
guidelines and standards set forth in subsection |
4 |
| (a) of Section 505 and in
Section 505.2 of the Illinois |
5 |
| Marriage and Dissolution of Marriage Act.
|
6 |
| If (i) the non-custodial parent was properly served with a |
7 |
| request for
discovery of financial information relating to the |
8 |
| non-custodial parent's
ability to provide child support, (ii) |
9 |
| the non-custodial parent failed to
comply with the request, |
10 |
| despite having been ordered to do so by the court,
and (iii) |
11 |
| the non-custodial parent is not present at the hearing to |
12 |
| determine
support despite having received proper notice, then |
13 |
| any relevant financial
information concerning the |
14 |
| non-custodial parent's ability to provide support
that was |
15 |
| obtained pursuant to subpoena and proper notice shall be |
16 |
| admitted
into evidence without the need to establish any |
17 |
| further foundation for its
admission.
|
18 |
| (c) The court shall determine the amount of maintenance |
19 |
| using the standards
set forth in Section 504 of the Illinois |
20 |
| Marriage and Dissolution of Marriage
Act.
|
21 |
| (d) The court may, for violation of any order under this |
22 |
| Section, punish the
offender as for a contempt of court, but no |
23 |
| pendente lite order shall remain in
effect longer than 4 |
24 |
| months, or after the discharge of any panel of jurors
summoned |
25 |
| for service thereafter in such court, whichever is sooner.
|
26 |
| (e) Any order for support entered by the court under this |
27 |
| Section shall be
deemed to be a series of judgments against the |
28 |
| person obligated to pay support
under the judgments, each such |
29 |
| judgment to be in the amount of each payment or
installment of |
30 |
| support and each judgment to be deemed entered as of the date
|
31 |
| the corresponding payment or installment becomes due under the |
32 |
| terms of the
support order. Each judgment shall have the full |
33 |
| force, effect, and attributes
of any other judgment of this |
34 |
| State, including the ability to be enforced.
Each judgment is |
35 |
| subject to modification or termination only in accordance with
|
36 |
| Section 510 of the Illinois Marriage and Dissolution of |
|
|
|
HB4385 |
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LRB094 15147 LCT 50326 b |
|
|
1 |
| Marriage Act. A lien
arises by operation of law against the |
2 |
| real and personal property of the
noncustodial parent for each |
3 |
| installment of overdue support owed by the
noncustodial parent.
|
4 |
| (f) An order for support entered under this Section shall |
5 |
| include a
provision requiring the obligor to report to the |
6 |
| obligee and to the clerk of
the court within 10 days each time |
7 |
| the obligor obtains new employment, and each
time the obligor's |
8 |
| employment is terminated for any reason. The report shall
be in |
9 |
| writing and shall, in the case of new employment, include the |
10 |
| name and
address of the new employer.
|
11 |
| Failure to report new employment or the termination of |
12 |
| current employment,
if coupled with nonpayment of support for a |
13 |
| period in excess of 60 days, is
indirect criminal contempt. For |
14 |
| any obligor arrested for failure to report new
employment, bond |
15 |
| shall be set in the amount of the child support that should
|
16 |
| have been paid during the period of unreported
employment.
|
17 |
| An order for support entered under this Section shall also |
18 |
| include a
provision requiring the obligor and obligee parents |
19 |
| to advise each other of a
change in residence within 5 days of |
20 |
| the change except when the court finds
that the physical, |
21 |
| mental, or emotional health of a party or of a minor child,
or |
22 |
| both, would be seriously endangered by disclosure of the |
23 |
| party's address.
|
24 |
| (g) An order for support entered or modified in a case in |
25 |
| which a party is
receiving child support enforcement services |
26 |
| under Article X of the Illinois
Public Aid Code shall include a |
27 |
| provision requiring the noncustodial parent to
notify the |
28 |
| Illinois Department of Public Aid, within 7 days, of the name |
29 |
| and
address of any new employer of the noncustodial parent, |
30 |
| whether the
noncustodial parent has access to health insurance |
31 |
| coverage through the
employer or other group coverage and, if |
32 |
| so, the policy name and number
and the names of persons covered |
33 |
| under the policy.
|
34 |
| (h) In any subsequent action to enforce an order for |
35 |
| support entered under
this Act, upon sufficient showing that |
36 |
| diligent effort has been made to
ascertain the location of the |
|
|
|
HB4385 |
- 16 - |
LRB094 15147 LCT 50326 b |
|
|
1 |
| noncustodial parent, service of process or
provision of notice |
2 |
| necessary in that action may be made at the last known
address |
3 |
| of the noncustodial parent, in any manner expressly provided by |
4 |
| the
Code of Civil Procedure or in this Act, which service shall |
5 |
| be sufficient for
purposes of due process.
|
6 |
| (h-5) After proper notice has been served upon the |
7 |
| non-custodial parent in an action to enforce a child support |
8 |
| order, a hearing to show cause for the non-support shall be |
9 |
| held within 45 days of the notice.
|
10 |
| (i) An order for support shall include a date on which the |
11 |
| current support
obligation terminates. The termination date |
12 |
| shall be no earlier than the date
on which the child covered by |
13 |
| the order will attain the age of 18. However, if
the child will |
14 |
| not graduate from high school until after attaining the age of
|
15 |
| 18, then the termination date shall be no earlier than the |
16 |
| earlier of the date
on which the child's high school graduation |
17 |
| will occur or the date on which the
child will attain the age |
18 |
| of 19. The order for support shall state that the
termination |
19 |
| date does not apply to any arrearage that may remain unpaid on |
20 |
| that
date. Nothing in this subsection shall be construed to |
21 |
| prevent the court from
modifying the order or terminating the |
22 |
| order in the event the child is
otherwise emancipated.
|
23 |
| (i-5) If there is an unpaid arrearage or delinquency (as |
24 |
| those terms are defined in the Income Withholding for Support |
25 |
| Act) equal to at least one month's support obligation on the |
26 |
| termination date stated in the order for support or, if there |
27 |
| is no termination date stated in the order, on the date the |
28 |
| child attains the age of majority or is otherwise emancipated, |
29 |
| the periodic amount required to be paid for current support of |
30 |
| that child immediately prior to that date shall automatically |
31 |
| continue to be an obligation, not as current support but as |
32 |
| periodic payment toward satisfaction of the unpaid arrearage or |
33 |
| delinquency. That periodic payment shall be in addition to any |
34 |
| periodic payment previously required for satisfaction of the |
35 |
| arrearage or delinquency. The total periodic amount to be paid |
36 |
| toward satisfaction of the arrearage or delinquency may be |
|
|
|
HB4385 |
- 17 - |
LRB094 15147 LCT 50326 b |
|
|
1 |
| enforced and collected by any method provided by law for |
2 |
| enforcement and collection of child support, including but not |
3 |
| limited to income withholding under the Income Withholding for |
4 |
| Support Act. Each order for support entered or modified on or |
5 |
| after the effective date of this amendatory Act of the 93rd |
6 |
| General Assembly must contain a statement notifying the parties |
7 |
| of the requirements of this subsection. Failure to include the |
8 |
| statement in the order for support does not affect the validity |
9 |
| of the order or the operation of the provisions of this |
10 |
| subsection with regard to the order. This subsection shall not |
11 |
| be construed to prevent or affect the establishment or |
12 |
| modification of an order for support of a minor child or the |
13 |
| establishment or modification of an order for support of a |
14 |
| non-minor child or educational expenses under Section 513 of |
15 |
| the Illinois Marriage and Dissolution of Marriage Act.
|
16 |
| (j) A support obligation, or any portion of a support |
17 |
| obligation, which
becomes due and remains unpaid as of the end |
18 |
| of each month, excluding the child support that was due for |
19 |
| that month to the extent that it was not paid in that month, |
20 |
| shall accrue simple interest
as set forth in Section 12-109 of |
21 |
| the Code of Civil Procedure.
An order for support entered or |
22 |
| modified on or after January 1, 2006 shall
contain a statement |
23 |
| that a support obligation required under the order, or any
|
24 |
| portion of a support obligation required under the order, that |
25 |
| becomes due and
remains unpaid as of the end of each month, |
26 |
| excluding the child support that was due for that month to the |
27 |
| extent that it was not paid in that month, shall accrue simple |
28 |
| interest as set forth in Section 12-109 of the Code of Civil |
29 |
| Procedure. Failure to include the statement in the order for |
30 |
| support does
not affect the validity of the order or the |
31 |
| accrual of interest as provided in
this Section.
|
32 |
| (Source: P.A. 93-1061, eff. 1-1-05; 94-90, eff. 1-1-06.)
|
33 |
| Section 20. The Illinois Parentage Act of 1984 is amended |
34 |
| by changing Section 13.1 as follows:
|
|
|
|
HB4385 |
- 18 - |
LRB094 15147 LCT 50326 b |
|
|
1 |
| (750 ILCS 45/13.1)
|
2 |
| Sec. 13.1. Temporary order for child support. |
3 |
| Notwithstanding any other
law to the contrary, pending the |
4 |
| outcome of a
judicial determination of parentage, the court |
5 |
| shall issue a temporary order
for child support, upon motion by |
6 |
| a party and a showing of clear and convincing
evidence of |
7 |
| paternity. In determining the amount of the temporary child
|
8 |
| support award, the court shall use the guidelines and standards |
9 |
| set forth in
subsection (a) of Section 505 and in Section 505.2 |
10 |
| of the Illinois Marriage and
Dissolution of Marriage Act.
|
11 |
| Any new or existing support order entered by the court |
12 |
| under this Section
shall be deemed to be a series of judgments |
13 |
| against the person obligated to pay
support
thereunder, each |
14 |
| such judgment to be in the amount of each payment or
|
15 |
| installment of support and each judgment to be deemed entered |
16 |
| as of the date
the corresponding payment or installment becomes |
17 |
| due under the terms of the
support order. Each such judgment |
18 |
| shall have the full
force, effect, and attributes of any other |
19 |
| judgment of this State, including
the ability to be enforced. |
20 |
| Any such judgment is subject to modification or
termination |
21 |
| only in accordance with Section 510 of the Illinois Marriage |
22 |
| and
Dissolution of Marriage Act.
A lien arises by operation of |
23 |
| law against the real and personal property of the
noncustodial |
24 |
| parent for each
installment of overdue support owed by the |
25 |
| noncustodial parent.
|
26 |
| All orders for support, when entered or modified, shall |
27 |
| include a provision
requiring the non-custodial parent to |
28 |
| notify the court, and in cases in which a
party is receiving |
29 |
| child support enforcement services under
Article X of the
|
30 |
| Illinois Public Aid Code, the Illinois Department of Public |
31 |
| Aid, within 7 days,
(i) of the
name, address, and telephone |
32 |
| number of any new employer of the non-custodial
parent, (ii) |
33 |
| whether the non-custodial parent has access to health
insurance |
34 |
| coverage through the employer or other group coverage, and, if |
35 |
| so,
the policy name and number and the names of persons covered |
36 |
| under the policy,
and (iii) of any new residential or mailing |
|
|
|
HB4385 |
- 19 - |
LRB094 15147 LCT 50326 b |
|
|
1 |
| address or telephone number
of the non-custodial parent.
|
2 |
| In any subsequent action to enforce a support order, upon |
3 |
| sufficient showing
that diligent effort has been made to |
4 |
| ascertain the location of the
non-custodial parent, service of |
5 |
| process or provision of notice necessary in
that action may be |
6 |
| made at the last known address of the non-custodial parent,
in |
7 |
| any manner expressly provided by the Code of Civil Procedure or |
8 |
| in this Act,
which service shall be sufficient for purposes of |
9 |
| due process.
|
10 |
| After proper notice has been served upon the non-custodial |
11 |
| parent in an action to enforce a child support order, a hearing |
12 |
| to show cause for the non-support shall be held within 45 days |
13 |
| of the notice.
|
14 |
| An order for support shall include a date on which the |
15 |
| current support
obligation terminates. The termination date |
16 |
| shall be no earlier than the date
on which the child covered by |
17 |
| the order will attain the age of majority or is
otherwise |
18 |
| emancipated. The
order for support shall state that the |
19 |
| termination date does not apply to any
arrearage that may |
20 |
| remain unpaid on that date. Nothing in this paragraph
shall be |
21 |
| construed to prevent the court from modifying the order.
|
22 |
| If there is an unpaid arrearage or delinquency (as those |
23 |
| terms are defined in the Income Withholding for Support Act) |
24 |
| equal to at least one month's support obligation on the |
25 |
| termination date stated in the order for support or, if there |
26 |
| is no termination date stated in the order, on the date the |
27 |
| child attains the age of majority or is otherwise emancipated, |
28 |
| then the periodic amount required to be paid for current |
29 |
| support of that child immediately prior to that date shall |
30 |
| automatically continue to be an obligation, not as current |
31 |
| support but as periodic payment toward satisfaction of the |
32 |
| unpaid arrearage or delinquency. That periodic payment shall be |
33 |
| in addition to any periodic payment previously required for |
34 |
| satisfaction of the arrearage or delinquency. The total |
35 |
| periodic amount to be paid toward satisfaction of the arrearage |
36 |
| or delinquency may be enforced and collected by any method |
|
|
|
HB4385 |
- 20 - |
LRB094 15147 LCT 50326 b |
|
|
1 |
| provided by law for the enforcement and collection of child |
2 |
| support, including but not limited to income withholding under |
3 |
| the Income Withholding for Support Act. Each order for support |
4 |
| entered or modified on or after the effective date of this |
5 |
| amendatory Act of the 93rd General Assembly must contain a |
6 |
| statement notifying the parties of the requirements of this |
7 |
| paragraph. Failure to include the statement in the order for |
8 |
| support does not affect the validity of the order or the |
9 |
| operation of the provisions of this paragraph with regard to |
10 |
| the order. This paragraph shall not be construed to prevent or |
11 |
| affect the establishment or modification of an order for the |
12 |
| support of a minor child or the establishment or modification |
13 |
| of an order for the support of a non-minor child or educational |
14 |
| expenses under Section 513 of the Illinois Marriage and |
15 |
| Dissolution of Marriage Act.
|
16 |
| (Source: P.A. 92-590, eff. 7-1-02; 93-1061, eff. 1-1-05.)
|