Illinois General Assembly - Bill Status for HB2330

Amends the Illinois Public Aid Code, the Unified Code of Corrections, and the Illinois Marriage and Dissolution of Marriage Act. Provides that a person's obligation to pay child support pursuant to a court or administrative order is suspended by operation of law during any period that the person is committed to the custody of the Department of Corrections or the Department of Juvenile Justice. Provides that the programs of the Department of Healthcare and Family Services concerning child support orders shall include cases in which a responsible relative who is committed to the custody of the Department of Corrections or the Department of Juvenile Justice requests modification of the support order. Provides that the Department of Corrections and the Department of Juvenile Justice shall establish programs to assist committed persons who are obligors under child support orders in cases in which child support enforcement services are provided by the Department of Healthcare and Family Services. Provides for inclusion of information about any child support obligation owed by the defendant and recommendations concerning the payment of that obligation in a presentence report; requires a presentence investigation and report in the case of a misdemeanor defendant who owes a child support obligation.

Replaces everything after the enacting clause. Amends the Illinois Public Aid Code. Provides that unless otherwise agreed by the parties in a written agreement set forth in a court or administrative order for support or unless otherwise approved by a court, an obligation to pay child support is suspended by operation of law during any period of time in which the person owing a duty of support is committed to the custody of the Department of Corrections or the Department of Juvenile Justice. Provides that any period of incarceration of a parent obligated to pay child support shall not be considered a period of voluntary unemployment and that in the case of an incarcerated parent obligated to pay child support greater than $0 whose period of incarceration is greater than one year and whose period of incarceration begins on or after July 1, 2013 the Department of Healthcare and Family Services shall (i) temporarily suspend any support obligation on the parent and the enforcement of any support obligation of the parent existing prior to the period of incarceration; and (ii) temporarily prohibit the accrual of any interest on any support obligation of the parent existing prior to the period of incarceration during such period. Provides that the temporary suspension of the child support obligation and of the accrual of interest on any support obligation of the parent existing prior to the period of incarceration shall end and both support and accrual of interest on any pre-existing unpaid obligation shall resume upon the first charging period to occur after the obligated parent's release from incarceration. Requires the Department, for cases enrolled in the Child Support Enforcement Program established by Title IV-D of the Social Security Act, or the noncustodial parent or his or her representative in all other cases, to provide both parties with (1) notice of any suspension of review, adjustment, or enforcement of a support obligation and of any prohibition on interest accrual on such obligation ; and (2) an opportunity to request that the suspension or prohibition be terminated or modified on the basis that the noncustodial parent has sufficient income or resources to continue payment of the support obligation during the noncustodial parent's period of incarceration. Provides that the Department of Healthcare and Family Services shall not be liable for failing to act upon the provisions concerning the temporary suspension and enforcement of support obligations and interest accrual if the Department has not been advised of the obligated parent's incarceration or if the Department has in place proper procedures for considering an obligated parent's incarceration when modifying child support obligations and follows those procedures routinely. Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that the Department of Healthcare and Family Services and the Department of Corrections shall share relevant data and collaborate on the facilitation of identification of incarcerated parents eligible for either temporary suspension of a child support obligation or modification of a child support obligation and shall provide relevant information and assistance to incarcerated parents eligible for modification of support. Makes other changes.

Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 1, with the following changes and additions: Further amends the Illinois Public Aid Code and the Illinois Marriage and Dissolution of Marriage Act to provide that unless otherwise agreed by the parties in a written agreement set forth in a court or administrative order for support or unless "the custodial parent objects to the suspension of the child support obligation within 60 days of receiving notice regarding the suspension", an obligation to pay child support is suspended by operation of law during any period of time in which the person owing a duty of support is committed to the custody of the Department of Corrections or the Department of Juvenile Justice (rather than unless otherwise agreed by the parties in a written agreement set forth in a court or administrative order for support or unless otherwise approved by a court, an obligation to pay child support is suspended by operation of law during any period of time in which the person owing a duty of support is committed to the custody of the Department of Corrections or the Department of Juvenile Justice). Provides that if the custodial parent objects, the child support obligation shall not be suspended and if the non-custodial parent wishes to obtain a modification, he or she must petition for a modification of support in accordance with the Illinois Marriage and Dissolution of Marriage Act; and that the Department of Healthcare and Family Services shall provide, by rule, for notice to the custodial parent describing the custodial parent's rights regarding a prospective modification in accordance with the Illinois Marriage and Dissolution of Marriage Act.

Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 1, with the following changes and additions: Provides that during any period of time in which the person owing a duty of support is committed to the custody of the Department of Corrections or the Department of Juvenile Justice, an obligation to pay child support is suspended by operation of law, but not until 60 days after the custodial parent receives notice and an opportunity to request a termination or modification of the suspension of the support obligation (rather than unless otherwise agreed by the parties in a written agreement set forth in a court or administrative order for support or unless otherwise approved by a court, an obligation to pay child support is suspended by operation of law during any period of time in which the person owing a duty of support is committed to the custody of the Department of Corrections or the Department of Juvenile Justice). Provides that if the custodial parent requests that the suspension or prohibition of the support obligation be terminated or modified and the court terminates or modifies the suspension of the support obligation, or if the parties have otherwise agreed in a written agreement set forth in a court or administrative order for support, then the child support obligation shall not be suspended and if the non-custodial parent wishes to obtain a modification, he or she must petition for a modification of support in accordance with the Illinois Marriage and Dissolution of Marriage Act. Provides that the Department of Healthcare and Family Services may provide, by rule, for notice to the custodial parent describing the custodial parent's rights regarding a prospective modification in accordance with the Illinois Marriage and Dissolution of Marriage Act. Provides that if a non-custodial parent receives a settlement, claim, inheritance, lottery prize award, or other lump sum or periodic income of $500 or more a month or $5,000 or more as a one-time lump sum, during a period in which his or her child support obligation is suspended, the non-custodial parent shall notify the custodial parent, and in IV-D cases also notify the Department of Healthcare and Family Services, within 7 days of receiving or becoming aware that he or she is entitled to receive this income. Provides that if the custodial parent wishes to obtain a modification based on this income, he or she must petition for a modification of support in accordance with the Illinois Marriage and Dissolution of Marriage Act. Provides that the Department shall provide both parties with notice of any suspension "or" review, adjustment, or enforcement of a support obligation (rather than notice of any suspension of review, adjustment, or enforcement of a support obligation).

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