Illinois General Assembly - Full Text of SB3036
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Full Text of SB3036  102nd General Assembly




SB3036 EnrolledLRB102 23439 LNS 32609 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Marriage and Dissolution of
5Marriage Act is amended by changing Sections 505 and 510 as
7    (750 ILCS 5/505)  (from Ch. 40, par. 505)
8    Sec. 505. Child support; contempt; penalties.
9    (a) In a proceeding for dissolution of marriage, legal
10separation, declaration of invalidity of marriage, or
11dissolution of a civil union, a proceeding for child support
12following a legal separation or dissolution of the marriage or
13civil union by a court that lacked personal jurisdiction over
14the absent spouse, a proceeding for modification of a previous
15order for child support under Section 510 of this Act, or any
16proceeding authorized under Section 501 or 601 of this Act,
17the court may order either or both parents owing a duty of
18support to a child of the marriage or civil union to pay an
19amount reasonable and necessary for support. The duty of
20support owed to a child includes the obligation to provide for
21the reasonable and necessary physical, mental and emotional
22health needs of the child. For purposes of this Section, the
23term "child" shall include any child under age 18 and any child



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1age 19 or younger who is still attending high school. For
2purposes of this Section, the term "obligor" means the parent
3obligated to pay support to the other parent.
4        (1) Child support guidelines. The Illinois Department
5    of Healthcare and Family Services shall adopt rules
6    establishing child support guidelines which include
7    worksheets to aid in the calculation of the child support
8    obligations and a schedule of basic child support
9    obligations that reflects the percentage of combined net
10    income that parents living in the same household in this
11    State ordinarily spend on their child. The child support
12    guidelines have the following purposes:
13            (A) to establish as State policy an adequate
14        standard of support for a child, subject to the
15        ability of parents to pay;
16            (B) to make child support obligations more
17        equitable by ensuring more consistent treatment of
18        parents in similar circumstances;
19            (C) to improve the efficiency of the court process
20        by promoting settlements and giving courts and the
21        parties guidance in establishing levels of child
22        support;
23            (D) to calculate child support based upon the
24        parents' combined net income estimated to have been
25        allocated for the support of the child if the parents
26        and child were living in an intact household;



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1            (E) to adjust child support based upon the needs
2        of the child; and
3            (F) to allocate the amount of child support to be
4        paid by each parent based upon a parent's net income
5        and the child's physical care arrangements.
6        (1.5) Computation of basic child support obligation.
7    The court shall compute the basic child support obligation
8    by taking the following steps:
9            (A) determine each parent's monthly net income;
10            (B) add the parents' monthly net incomes together
11        to determine the combined monthly net income of the
12        parents;
13            (C) select the corresponding appropriate amount
14        from the schedule of basic child support obligations
15        based on the parties' combined monthly net income and
16        number of children of the parties; and
17            (D) calculate each parent's percentage share of
18        the basic child support obligation.
19        Although a monetary obligation is computed for each
20    parent as child support, the receiving parent's share is
21    not payable to the other parent and is presumed to be spent
22    directly on the child.
23        (2) Duty of support. The court shall determine child
24    support in each case by applying the child support
25    guidelines unless the court makes a finding that
26    application of the guidelines would be inappropriate,



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1    after considering the best interests of the child and
2    evidence which shows relevant factors including, but not
3    limited to, one or more of the following:
4            (A) the financial resources and needs of the
5        child;
6            (B) the financial resources and needs of the
7        parents;
8            (C) the standard of living the child would have
9        enjoyed had the marriage or civil union not been
10        dissolved; and
11            (D) the physical and emotional condition of the
12        child and his or her educational needs.
13        (3) Income.
14            (A) As used in this Section, "gross income" means
15        the total of all income from all sources, except
16        "gross income" does not include (i) benefits received
17        by the parent from means-tested public assistance
18        programs, including, but not limited to, Temporary
19        Assistance for Needy Families, Supplemental Security
20        Income, and the Supplemental Nutrition Assistance
21        Program or (ii) benefits and income received by the
22        parent for other children in the household, including,
23        but not limited to, child support, survivor benefits,
24        and foster care payments. Social security disability
25        and retirement benefits paid for the benefit of the
26        subject child must be included in the disabled or



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1        retired parent's gross income for purposes of
2        calculating the parent's child support obligation, but
3        the parent is entitled to a child support credit for
4        the amount of benefits paid to the other party for the
5        child. "Gross income" includes maintenance treated as
6        taxable income for federal income tax purposes to the
7        payee and received pursuant to a court order in the
8        pending proceedings or any other proceedings and shall
9        be included in the payee's gross income for purposes
10        of calculating the parent's child support obligation.
11            (B) As used in this Section, "net income" means
12        gross income minus either the standardized tax amount
13        calculated pursuant to subparagraph (C) of this
14        paragraph (3) or the individualized tax amount
15        calculated pursuant to subparagraph (D) of this
16        paragraph (3), and minus any adjustments pursuant to
17        subparagraph (F) of this paragraph (3). The
18        standardized tax amount shall be used unless the
19        requirements for an individualized tax amount set
20        forth in subparagraph (E) of this paragraph (3) are
21        met. "Net income" includes maintenance not includable
22        in the gross taxable income of the payee for federal
23        income tax purposes under a court order in the pending
24        proceedings or any other proceedings and shall be
25        included in the payee's net income for purposes of
26        calculating the parent's child support obligation.



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1            (C) As used in this Section, "standardized tax
2        amount" means the total of federal and state income
3        taxes for a single person claiming the standard tax
4        deduction, one personal exemption, and the applicable
5        number of dependency exemptions for the minor child or
6        children of the parties, and Social Security and
7        Medicare tax calculated at the Federal Insurance
8        Contributions Act rate.
9                (I) Unless a court has determined otherwise or
10            the parties otherwise agree, the party with the
11            majority of parenting time shall be deemed
12            entitled to claim the dependency exemption for the
13            parties' minor child.
14                (II) The Illinois Department of Healthcare and
15            Family Services shall promulgate a standardized
16            net income conversion table that computes net
17            income by deducting the standardized tax amount
18            from gross income.
19            (D) As used in this Section, "individualized tax
20        amount" means the aggregate of the following taxes:
21                (I) federal income tax (properly calculated
22            withholding or estimated payments);
23                (II) State income tax (properly calculated
24            withholding or estimated payments); and
25                (III) Social Security or self-employment tax,
26            if applicable (or, if none, mandatory retirement



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1            contributions required by law or as a condition of
2            employment) and Medicare tax calculated at the
3            Federal Insurance Contributions Act rate.
4            (E) In lieu of a standardized tax amount, a
5        determination of an individualized tax amount may be
6        made under items (I), (II), or (III) below. If an
7        individualized tax amount determination is made under
8        this subparagraph (E), all relevant tax attributes
9        (including filing status, allocation of dependency
10        exemptions, and whether a party is to claim the use of
11        the standard deduction or itemized deductions for
12        federal income tax purposes) shall be as the parties
13        agree or as the court determines. To determine a
14        party's reported income, the court may order the party
15        to complete an Internal Revenue Service Form 4506-T,
16        Request for Tax Transcript.
17                (I) Agreement. Irrespective of whether the
18            parties agree on any other issue before the court,
19            if they jointly stipulate for the record their
20            concurrence on a computation method for the
21            individualized tax amount that is different from
22            the method set forth under subparagraph (D), the
23            stipulated method shall be used by the court
24            unless the court rejects the proposed stipulated
25            method for good cause.
26                (II) Summary hearing. If the court determines



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1            child support in a summary hearing under Section
2            501 and an eligible party opts in to the
3            individualized tax amount method under this item
4            (II), the individualized tax amount shall be
5            determined by the court on the basis of
6            information contained in one or both parties'
7            Supreme Court approved Financial Affidavit (Family &
8             Divorce Cases) and relevant supporting documents
9            under applicable court rules. No party, however,
10            is eligible to opt in unless the party, under
11            applicable court rules, has served the other party
12            with the required Supreme Court approved Financial
13            Affidavit (Family & Divorce Cases) and has
14            substantially produced supporting documents
15            required by the applicable court rules.
16                (III) Evidentiary hearing. If the court
17            determines child support in an evidentiary
18            hearing, whether for purposes of a temporary order
19            or at the conclusion of a proceeding, item (II) of
20            this subparagraph (E) does not apply. In each such
21            case (unless item (I) governs), the individualized
22            tax amount shall be as determined by the court on
23            the basis of the record established.
24            (F) Adjustments to income.
25                (I) Multi-family adjustment. If a parent is
26            also legally responsible for support of a child



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1            not shared with the other parent and not subject
2            to the present proceeding, there shall be an
3            adjustment to net income as follows:
4                    (i) Multi-family adjustment with court
5                order. The court shall deduct from the
6                parent's net income the amount of child
7                support actually paid by the parent pursuant
8                to a support order unless the court makes a
9                finding that it would cause economic hardship
10                to the child.
11                    (ii) Multi-family adjustment without court
12                order. Upon the request or application of a
13                parent actually supporting a presumed,
14                acknowledged, or adjudicated child living in
15                or outside of that parent's household, there
16                shall be an adjustment to child support. The
17                court shall deduct from the parent's net
18                income the amount of financial support
19                actually paid by the parent for the child or
20                75% of the support the parent should pay under
21                the child support guidelines (before this
22                adjustment), whichever is less, unless the
23                court makes a finding that it would cause
24                economic hardship to the child. The adjustment
25                shall be calculated using that parent's income
26                alone.



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1                (II) Spousal Maintenance adjustment.
2            Obligations pursuant to a court order for spousal
3            maintenance in the pending proceeding actually
4            paid or payable to the same party to whom child
5            support is to be payable or actually paid to a
6            former spouse pursuant to a court order shall be
7            deducted from the parent's after-tax income,
8            unless the maintenance obligation is tax
9            deductible to the payor for federal income tax
10            purposes, in which case it shall be deducted from
11            the payor's gross income for purposes of
12            calculating the parent's child support obligation.
13        (3.1) Business income. For purposes of calculating
14    child support, net business income from the operation of a
15    business means gross receipts minus ordinary and necessary
16    expenses required to carry on the trade or business. As
17    used in this paragraph, "business" includes, but is not
18    limited to, sole proprietorships, closely held
19    corporations, partnerships, other flow-through business
20    entities, and self-employment. The court shall apply the
21    following:
22            (A) The accelerated component of depreciation and
23        any business expenses determined either judicially or
24        administratively to be inappropriate or excessive
25        shall be excluded from the total of ordinary and
26        necessary business expenses to be deducted in the



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



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



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



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



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



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1        in the support order.
2        (3.8) Shared physical care. If each parent exercises
3    146 or more overnights per year with the child, the basic
4    child support obligation is multiplied by 1.5 to calculate
5    the shared care child support obligation. The court shall
6    determine each parent's share of the shared care child
7    support obligation based on the parent's percentage share
8    of combined net income. The child support obligation is
9    then computed for each parent by multiplying that parent's
10    portion of the shared care support obligation by the
11    percentage of time the child spends with the other parent.
12    The respective child support obligations are then offset,
13    with the parent owing more child support paying the
14    difference between the child support amounts. The Illinois
15    Department of Healthcare and Family Services shall
16    promulgate a worksheet to calculate child support in cases
17    in which the parents have shared physical care and use the
18    standardized tax amount to determine net income.
19        (3.9) Split physical care. When there is more than one
20    child and each parent has physical care of at least one but
21    not all of the children, the support is calculated by
22    using 2 child support worksheets to determine the support
23    each parent owes the other. The support shall be
24    calculated as follows:
25            (A) compute the support the first parent would owe
26        to other parent as if the child in his or her care was



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1        the only child of the parties; then
2            (B) compute the support the other parent would owe
3        to the first parent as if the child in his or her care
4        were the only child of the parties; then
5            (C) subtract the lesser support obligation from
6        the greater.
7        The parent who owes the greater obligation shall be
8    ordered to pay the difference in support to the other
9    parent, unless the court determines, pursuant to other
10    provisions of this Section, that it should deviate from
11    the guidelines.
12        (4) Health care to be addressed by the court.
13            (A) A portion of the basic child support
14        obligation is intended to cover basic ordinary
15        out-of-pocket medical expenses. The court, in its
16        discretion, in addition to the basic child support
17        obligation, shall also provide for the child's current
18        and future medical needs by ordering either or both
19        parents to initiate health insurance coverage for the
20        child through currently effective health insurance
21        policies held by the parent or parents, purchase one
22        or more or all health, dental, or vision insurance
23        policies for the child, or provide for the child's
24        current and future medical needs through some other
25        manner.
26            (B) The court, in its discretion, may order either



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1        or both parents to contribute to the reasonable health
2        care needs of the child not covered by insurance,
3        including, but not limited to, unreimbursed medical,
4        dental, orthodontic, or vision expenses and any
5        prescription medication for the child not covered
6        under the child's health insurance.
7            (C) If neither parent has access to appropriate
8        private health insurance coverage, the court may
9        order:
10                (I) one or both parents to provide health
11            insurance coverage at any time it becomes
12            available at a reasonable cost; or
13                (II) the parent or non-parent custodian with
14            primary physical responsibility for the child to
15            apply for public health insurance coverage for the
16            child and require either or both parents to pay a
17            reasonable amount of the cost of health insurance
18            for the child.
19            The order may also provide that any time private
20        health insurance coverage is available at a reasonable
21        cost to that party it will be provided instead of cash
22        medical support. As used in this Section, "cash
23        medical support" means an amount ordered to be paid
24        toward the cost of health insurance provided by a
25        public entity or by another person through employment
26        or otherwise or for other medical costs not covered by



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1        insurance.
2            (D) The amount to be added to the basic child
3        support obligation shall be the actual amount of the
4        total health insurance premium that is attributable to
5        the child who is the subject of the order. If this
6        amount is not available or cannot be verified, the
7        total cost of the health insurance premium shall be
8        divided by the total number of persons covered by the
9        policy. The cost per person derived from this
10        calculation shall be multiplied by the number of
11        children who are the subject of the order and who are
12        covered under the health insurance policy. This amount
13        shall be added to the basic child support obligation
14        and shall be allocated between the parents in
15        proportion to their respective net incomes.
16            (E) After the health insurance premium for the
17        child is added to the basic child support obligation
18        and allocated between the parents in proportion to
19        their respective incomes for child support purposes,
20        if the obligor is paying the premium, the amount
21        calculated for the obligee's share of the health
22        insurance premium for the child shall be deducted from
23        the obligor's share of the total child support
24        obligation. If the obligee is paying for private
25        health insurance for the child, the child support
26        obligation shall be increased by the obligor's share



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1        of the premium payment. The obligor's and obligee's
2        portion of health insurance costs shall appear in the
3        support order.
4            (F) Prior to allowing the health insurance
5        adjustment, the parent requesting the adjustment must
6        submit proof that the child has been enrolled in a
7        health insurance plan and must submit proof of the
8        cost of the premium. The court shall require the
9        parent receiving the adjustment to annually submit
10        proof of continued coverage of the child to the other
11        parent, or as designated by the court.
12            (G) A reasonable cost for providing health
13        insurance coverage for the child may not exceed 5% of
14        the providing parent's gross income. Parents with a
15        net income below 133% of the most recent United States
16        Department of Health and Human Services Federal
17        Poverty Guidelines or whose child is covered by
18        Medicaid based on that parent's income may not be
19        ordered to contribute toward or provide private
20        coverage, unless private coverage is obtainable
21        without any financial contribution by that parent.
22            (H) If dental or vision insurance is included as
23        part of the employer's medical plan, the coverage
24        shall be maintained for the child. If not included in
25        the employer's medical plan, adding the dental or
26        vision insurance for the child is at the discretion of



SB3036 Enrolled- 21 -LRB102 23439 LNS 32609 b

1        the court.
2            (I) If a parent has been directed to provide
3        health insurance pursuant to this paragraph and that
4        parent's spouse or legally recognized partner provides
5        the insurance for the benefit of the child either
6        directly or through employment, a credit on the child
7        support worksheet shall be given to that parent in the
8        same manner as if the premium were paid by that parent.
9        (4.5) In a proceeding for child support following
10    dissolution of the marriage or civil union by a court that
11    lacked personal jurisdiction over the absent spouse, and
12    in which the court is requiring payment of support for the
13    period before the date an order for current support is
14    entered, there is a rebuttable presumption that the
15    obligor's net income for the prior period was the same as
16    his or her net income at the time the order for current
17    support is entered.
18        (5) If the net income cannot be determined because of
19    default or any other reason, the court shall order support
20    in an amount considered reasonable in the particular case.
21    The final order in all cases shall state the support level
22    in dollar amounts. However, if the court finds that the
23    child support amount cannot be expressed exclusively as a
24    dollar amount because all or a portion of the obligor's
25    net income is uncertain as to source, time of payment, or
26    amount, the court may order a percentage amount of support



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1    in addition to a specific dollar amount and enter such
2    other orders as may be necessary to determine and enforce,
3    on a timely basis, the applicable support ordered.
4        (6) If (i) the obligor was properly served with a
5    request for discovery of financial information relating to
6    the obligor's ability to provide child support, (ii) the
7    obligor failed to comply with the request, despite having
8    been ordered to do so by the court, and (iii) the obligor
9    is not present at the hearing to determine support despite
10    having received proper notice, then any relevant financial
11    information concerning the obligor's ability to provide
12    child support that was obtained pursuant to subpoena and
13    proper notice shall be admitted into evidence without the
14    need to establish any further foundation for its
15    admission.
16    (a-3) Life insurance to secure support. At the discretion
17of the court, a child support obligation pursuant to this
18Section and Sections 510, 513, and 513.5 of this Act may be
19secured, in whole or in part, by reasonably affordable life
20insurance on the life of one or both parents on such terms as
21the parties agree or as the court orders. The court may require
22such insurance remain in full force and effect until the
23termination of all obligations of support, subject to the
25        (1) Existing life insurance. The court shall be
26    apprised through evidence, stipulation, or otherwise as to



SB3036 Enrolled- 23 -LRB102 23439 LNS 32609 b

1    the level, ownership, and type of existing life insurance
2    death benefit coverage available to one or both parents,
3    the cost of the premiums, cost ratings, and escalations
4    and assignment of the policy, if applicable, and all other
5    relevant circumstances. The court shall make findings
6    relative thereto.
7        (2) New life insurance. The court shall be apprised
8    through evidence, stipulation, or otherwise as to the
9    availability of obtaining reasonably affordable new life
10    insurance. To the extent the court determines that the
11    support obligations should be secured, in whole or in
12    part, by new life insurance on the life of one or both
13    parents, the court may order that one or both parents
14    comply with all requirements to obtain such new life
15    insurance through employment, trade union, fraternal
16    organizations, associations, or individual means.
17        In determining the level and type of death benefits
18    coverage to be obtained by a parent, the court shall
19    consider access and availability of life insurance to that
20    parent, the cost of the premium, cost ratings, and
21    escalations, if applicable, and all other relevant
22    circumstances.
23        (3) Other security. If life insurance is unavailable
24    to a parent, the court, in its discretion, or as agreed to
25    by the parties, may order other equitable and reasonable
26    means to secure a child support obligation.



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1    (a-5) In an action to enforce an order for child support
2based on the obligor's failure to make support payments as
3required by the order, notice of proceedings to hold the
4obligor in contempt for that failure may be served on the
5obligor by personal service or by regular mail addressed to
6the last known address of the obligor. The last known address
7of the obligor may be determined from records of the clerk of
8the court, from the Federal Case Registry of Child Support
9Orders, or by any other reasonable means.
10    (b) Failure of either parent to comply with an order to pay
11support shall be punishable as in other cases of contempt. In
12addition to other penalties provided by law the court may,
13after finding the parent guilty of contempt, order that the
14parent be:
15        (1) placed on probation with such conditions of
16    probation as the court deems advisable;
17        (2) sentenced to periodic imprisonment for a period
18    not to exceed 6 months; provided, however, that the court
19    may permit the parent to be released for periods of time
20    during the day or night to:
21            (A) work; or
22            (B) conduct a business or other self-employed
23        occupation.
24    The court may further order any part or all of the earnings
25of a parent during a sentence of periodic imprisonment paid to
26the Clerk of the Circuit Court or to the parent having physical



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



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1    entity maintain records together.
2        (2) the obligor and the person, persons, or business
3    entity fail to maintain an arm's length relationship
4    between themselves with regard to any assets.
5        (3) the obligor transfers assets to the person,
6    persons, or business entity with the intent to perpetrate
7    a fraud on the obligee.
8    With respect to assets which are real property, no order
9entered under this paragraph shall affect the rights of bona
10fide purchasers, mortgagees, judgment creditors, or other lien
11holders who acquire their interests in the property prior to
12the time a notice of lis pendens pursuant to the Code of Civil
13Procedure or a copy of the order is placed of record in the
14office of the recorder of deeds for the county in which the
15real property is located.
16    The court may also order in cases where the parent is 90
17days or more delinquent in payment of support or has been
18adjudicated in arrears in an amount equal to 90 days
19obligation or more, that the parent's Illinois driving
20privileges be suspended until the court determines that the
21parent is in compliance with the order of support. The court
22may also order that the parent be issued a family financial
23responsibility driving permit that would allow limited driving
24privileges for employment and medical purposes in accordance
25with Section 7-702.1 of the Illinois Vehicle Code. The Clerk
26of the Circuit Court shall certify the order suspending the



SB3036 Enrolled- 27 -LRB102 23439 LNS 32609 b

1driving privileges of the parent or granting the issuance of a
2family financial responsibility driving permit to the
3Secretary of State on forms prescribed by the Secretary of
4State. Upon receipt of the authenticated documents, the
5Secretary of State shall suspend the parent's driving
6privileges until further order of the court and shall, if
7ordered by the court, subject to the provisions of Section
87-702.1 of the Illinois Vehicle Code, issue a family financial
9responsibility driving permit to the parent.
10    In addition to the penalties or punishment that may be
11imposed under this Section, any person whose conduct
12constitutes a violation of Section 15 of the Non-Support
13Punishment Act may be prosecuted under that Act, and a person
14convicted under that Act may be sentenced in accordance with
15that Act. The sentence may include but need not be limited to a
16requirement that the person perform community service under
17Section 50 of that Act or participate in a work alternative
18program under Section 50 of that Act. A person may not be
19required to participate in a work alternative program under
20Section 50 of that Act if the person is currently
21participating in a work program pursuant to Section 505.1 of
22this Act.
23    A support obligation, or any portion of a support
24obligation, which becomes due and remains unpaid as of the end
25of each month, excluding the child support that was due for
26that month to the extent that it was not paid in that month,



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1shall accrue simple interest as set forth in Section 12-109 of
2the Code of Civil Procedure. An order for support entered or
3modified on or after January 1, 2006 shall contain a statement
4that a support obligation required under the order, or any
5portion of a support obligation required under the order, that
6becomes due and remains unpaid as of the end of each month,
7excluding the child support that was due for that month to the
8extent that it was not paid in that month, shall accrue simple
9interest as set forth in Section 12-109 of the Code of Civil
10Procedure. Failure to include the statement in the order for
11support does not affect the validity of the order or the
12accrual of interest as provided in this Section.
13    (c) A one-time charge of 20% is imposable upon the amount
14of past-due child support owed on July 1, 1988 which has
15accrued under a support order entered by the court. The charge
16shall be imposed in accordance with the provisions of Section
1710-21 of the Illinois Public Aid Code and shall be enforced by
18the court upon petition.
19    (d) Any new or existing support order entered by the court
20under this Section shall be deemed to be a series of judgments
21against the person obligated to pay support thereunder, each
22such judgment to be in the amount of each payment or
23installment of support and each such judgment to be deemed
24entered as of the date the corresponding payment or
25installment becomes due under the terms of the support order.
26Each such judgment shall have the full force, effect and



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1attributes of any other judgment of this State, including the
2ability to be enforced. Notwithstanding any other State or
3local law to the contrary, a lien arises by operation of law
4against the real and personal property of the obligor for each
5installment of overdue support owed by the obligor.
6    (e) When child support is to be paid through the Clerk of
7the Court in a county of 500,000 inhabitants or less, the order
8shall direct the obligor to pay to the Clerk, in addition to
9the child support payments, all fees imposed by the county
10board under paragraph (4) of subsection (bb) of Section 27.1a
11of the Clerks of Courts Act. When child support is to be paid
12through the clerk of the court in a county of more than 500,000
13but less than 3,000,000 inhabitants, the order shall direct
14the obligor to pay to the clerk, in addition to the child
15support payments, all fees imposed by the county board under
16paragraph (4) of subsection (bb) of Section 27.2 of the Clerks
17of Courts Act. Unless paid pursuant to an Income Withholding
18Order/Notice for Support, the payment of the fee shall be by
19payment acceptable to the clerk and shall be made to the order
20of the Clerk.
21    (f) All orders for support, when entered or modified,
22shall include a provision requiring the obligor to notify the
23court and, in cases in which a party is receiving child and
24spouse services under Article X of the Illinois Public Aid
25Code, the Department of Healthcare and Family Services, within
267 days, (i) of the name and address of any new employer of the



SB3036 Enrolled- 30 -LRB102 23439 LNS 32609 b

1obligor, (ii) whether the obligor has access to health
2insurance coverage through the employer or other group
3coverage and, if so, the policy name and number and the names
4of persons covered under the policy, except only the initials
5of any covered minors shall be included, and (iii) of any new
6residential or mailing address or telephone number of the
7obligor. In any subsequent action to enforce a support order,
8upon a sufficient showing that a diligent effort has been made
9to ascertain the location of the obligor, service of process
10or provision of notice necessary in the case may be made at the
11last known address of the obligor in any manner expressly
12provided by the Code of Civil Procedure or this Act, which
13service shall be sufficient for purposes of due process.
14    (g) An order for support shall include a date on which the
15current support obligation terminates. The termination date
16shall be no earlier than the date on which the child covered by
17the order will attain the age of 18. However, if the child will
18not graduate from high school until after attaining the age of
1918, then the termination date shall be no earlier than the
20earlier of the date on which the child's high school
21graduation will occur or the date on which the child will
22attain the age of 19. The order for support shall state that
23the termination date does not apply to any arrearage that may
24remain unpaid on that date. Nothing in this subsection shall
25be construed to prevent the court from modifying the order or
26terminating the order in the event the child is otherwise



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2    (g-5) If there is an unpaid arrearage or delinquency (as
3those terms are defined in the Income Withholding for Support
4Act) equal to at least one month's support obligation on the
5termination date stated in the order for support or, if there
6is no termination date stated in the order, on the date the
7child attains the age of majority or is otherwise emancipated,
8the periodic amount required to be paid for current support of
9that child immediately prior to that date shall automatically
10continue to be an obligation, not as current support but as
11periodic payment toward satisfaction of the unpaid arrearage
12or delinquency. That periodic payment shall be in addition to
13any periodic payment previously required for satisfaction of
14the arrearage or delinquency. The total periodic amount to be
15paid toward satisfaction of the arrearage or delinquency may
16be enforced and collected by any method provided by law for
17enforcement and collection of child support, including but not
18limited to income withholding under the Income Withholding for
19Support Act. Each order for support entered or modified on or
20after January 1, 2005 (the effective date of Public Act
2193-1061) must contain a statement notifying the parties of the
22requirements of this subsection. Failure to include the
23statement in the order for support does not affect the
24validity of the order or the operation of the provisions of
25this subsection with regard to the order. This subsection
26shall not be construed to prevent or affect the establishment



SB3036 Enrolled- 32 -LRB102 23439 LNS 32609 b

1or modification of an order for support of a minor child or the
2establishment or modification of an order for support of a
3non-minor child or educational expenses under Section 513 of
4this Act.
5    (h) An order entered under this Section shall include a
6provision requiring either parent to report to the other
7parent and to the Clerk of Court within 10 days each time
8either parent obtains new employment, and each time either
9parent's employment is terminated for any reason. The report
10shall be in writing and shall, in the case of new employment,
11include the name and address of the new employer. Failure to
12report new employment or the termination of current
13employment, if coupled with nonpayment of support for a period
14in excess of 60 days, is indirect criminal contempt. For
15either parent arrested for failure to report new employment
16bond shall be set in the amount of the child support that
17should have been paid during the period of unreported
18employment. An order entered under this Section shall also
19include a provision requiring either obligor and obligee to
20advise the other of a change in residence within 5 days of the
21change except when the court finds that the physical, mental,
22or emotional health of a party or that of a child, or both,
23would be seriously endangered by disclosure of the party's
25    (i) The court does not lose the powers of contempt,
26driver's license suspension, or other child support



SB3036 Enrolled- 33 -LRB102 23439 LNS 32609 b

1enforcement mechanisms, including, but not limited to,
2criminal prosecution as set forth in this Act, upon the
3emancipation of the minor child.
4(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17; 99-764,
5eff. 7-1-17; 100-15, eff. 7-1-17; 100-863, eff. 8-14-18;
6100-923, eff. 1-1-19.)
7    (750 ILCS 5/510)  (from Ch. 40, par. 510)
8    Sec. 510. Modification and termination of provisions for
9maintenance, support, educational expenses, and property
11    (a) Except as otherwise provided in paragraph (f) of
12Section 502 and in subsection (b), clause (3) of Section
13505.2, the provisions of any judgment respecting maintenance
14or support may be modified only as to installments accruing
15subsequent to due notice by the moving party of the filing of
16the motion for modification. An order for child support may be
17modified as follows:
18        (1) upon a showing of a substantial change in
19    circumstances. Contemplation or foreseeability of future
20    events shall not be considered as a factor or used as a
21    defense in determining whether a substantial change in
22    circumstances is shown, unless the future event is
23    expressly specified in the court's order or the agreement
24    of the parties incorporated into a court order. The
25    parties may expressly specify in the agreement



SB3036 Enrolled- 34 -LRB102 23439 LNS 32609 b

1    incorporated into a court order or the court may expressly
2    specify in the order that the occurrence of a specific
3    future event is contemplated and will not constitute a
4    substantial change in circumstances to warrant
5    modification of the order; and
6        (2) without the necessity of showing a substantial
7    change in circumstances, as follows:
8            (A) upon a showing of an inconsistency of at least
9        20%, but no less than $10 per month, between the amount
10        of the existing order and the amount of child support
11        that results from application of the guidelines
12        specified in Section 505 of this Act unless the
13        inconsistency is due to the fact that the amount of the
14        existing order resulted from a deviation from the
15        guideline amount and there has not been a change in the
16        circumstances that resulted in that deviation; or
17            (B) upon a showing of a need to provide for the
18        health care needs of the child under the order through
19        health insurance or other means.
20    The provisions of subparagraph (a)(2)(A) shall apply only
21in cases in which a party is receiving child support
22enforcement services from the Department of Healthcare and
23Family Services under Article X of the Illinois Public Aid
24Code, and only when at least 36 months have elapsed since the
25order for child support was entered or last modified.
26    The court may grant a petition for modification that seeks



SB3036 Enrolled- 35 -LRB102 23439 LNS 32609 b

1to apply the changes made to subsection (a) of Section 505 by
2Public Act 99-764 to an order entered before the effective
3date of Public Act 99-764 only upon a finding of a substantial
4change in circumstances that warrants application of the
5changes. The enactment of Public Act 99-764 itself does not
6constitute a substantial change in circumstances warranting a
8    (a-5) An order for maintenance may be modified or
9terminated only upon a showing of a substantial change in
10circumstances. Contemplation or foreseeability of future
11events shall not be considered as a factor or used as a defense
12in determining whether a substantial change in circumstances
13is shown, unless the future event is expressly specified in
14the court's order or the agreement of the parties incorporated
15into a court order. The parties may expressly specify in the
16agreement incorporated into a court order or the court may
17expressly specify in the order that the occurrence of a
18specific future event is contemplated and will not constitute
19a substantial change in circumstances to warrant modification
20of the order. The court may grant a petition for modification
21that seeks to apply the changes made to Section 504 by this
22amendatory Act of the 100th General Assembly to an order
23entered before the effective date of this amendatory Act of
24the 100th General Assembly only upon a finding of a
25substantial change in circumstances that warrants application
26of the changes. The enactment of this amendatory Act of the



SB3036 Enrolled- 36 -LRB102 23439 LNS 32609 b

1100th General Assembly itself does not constitute a
2substantial change in circumstances warranting a modification.
3In all such proceedings, as well as in proceedings in which
4maintenance is being reviewed, the court shall consider the
5applicable factors set forth in subsection (a) of Section 504
6and the following factors:
7        (1) any change in the employment status of either
8    party and whether the change has been made in good faith;
9        (2) the efforts, if any, made by the party receiving
10    maintenance to become self-supporting, and the
11    reasonableness of the efforts where they are appropriate;
12        (3) any impairment of the present and future earning
13    capacity of either party;
14        (4) the tax consequences of the maintenance payments
15    upon the respective economic circumstances of the parties;
16        (5) the duration of the maintenance payments
17    previously paid (and remaining to be paid) relative to the
18    length of the marriage;
19        (6) the property, including retirement benefits,
20    awarded to each party under the judgment of dissolution of
21    marriage, judgment of legal separation, or judgment of
22    declaration of invalidity of marriage and the present
23    status of the property;
24        (7) the increase or decrease in each party's income
25    since the prior judgment or order from which a review,
26    modification, or termination is being sought;



SB3036 Enrolled- 37 -LRB102 23439 LNS 32609 b

1        (8) the property acquired and currently owned by each
2    party after the entry of the judgment of dissolution of
3    marriage, judgment of legal separation, or judgment of
4    declaration of invalidity of marriage; and
5        (9) any other factor that the court expressly finds to
6    be just and equitable.
7    (a-6) (Blank).
8    (b) The provisions as to property disposition may not be
9revoked or modified, unless the court finds the existence of
10conditions that justify the reopening of a judgment under the
11laws of this State.
12    (c) Unless otherwise agreed by the parties in a written
13agreement set forth in the judgment or otherwise approved by
14the court, the obligation to pay future maintenance is
15terminated upon the death of either party, or the remarriage
16of the party receiving maintenance, or if the party receiving
17maintenance cohabits with another person on a resident,
18continuing conjugal basis. An obligor's obligation to pay
19maintenance or unallocated maintenance terminates by operation
20of law on the date the obligee remarries or the date the court
21finds cohabitation began. The obligor is entitled to
22reimbursement for all maintenance paid from that date forward.
23Any termination of an obligation for maintenance as a result
24of the death of the obligor, however, shall be inapplicable to
25any right of the other party or such other party's designee to
26receive a death benefit under such insurance on the obligor's



SB3036 Enrolled- 38 -LRB102 23439 LNS 32609 b

1life. An obligee must advise the obligor of his or her
2intention to marry at least 30 days before the remarriage,
3unless the decision is made within this time period. In that
4event, he or she must notify the obligor within 72 hours of
5getting married.
6    (c-5) In an adjudicated case, the court shall make
7specific factual findings as to the reason for the
8modification as well as the amount, nature, and duration of
9the modified maintenance award.
10    (d) Unless otherwise provided in this Act, or as agreed in
11writing or expressly provided in the judgment, provisions for
12the support of a child are terminated by emancipation of the
13child, or if the child has attained the age of 18 and is still
14attending high school, provisions for the support of the child
15are terminated upon the date that the child graduates from
16high school or the date the child attains the age of 19,
17whichever is earlier, but not by the death of a parent
18obligated to support or educate the child. An existing
19obligation to pay for support or educational expenses, or
20both, is not terminated by the death of a parent. When a parent
21obligated to pay support or educational expenses, or both,
22dies, the amount of support or educational expenses, or both,
23may be enforced, modified, revoked or commuted to a lump sum
24payment, as equity may require, and that determination may be
25provided for at the time of the dissolution of the marriage or



SB3036 Enrolled- 39 -LRB102 23439 LNS 32609 b

1    (e) The right to petition for support or educational
2expenses, or both, under Sections 505, 513, and 513.5 is not
3extinguished by the death of a parent. Upon a petition filed
4before or after a parent's death, the court may award sums of
5money out of the decedent's estate for the child's support or
6educational expenses, or both, as equity may require. The time
7within which a claim may be filed against the estate of a
8decedent under Sections 505 and 513 and subsection (d) and
9this subsection shall be governed by the provisions of the
10Probate Act of 1975, as a barrable, noncontingent claim.
11    (f) A petition to modify or terminate child support or the
12allocation of parental responsibilities, including parenting
13time, shall not delay any child support enforcement litigation
14or supplementary proceeding on behalf of the obligee,
15including, but not limited to, a petition for a rule to show
16cause, for non-wage garnishment, or for a restraining order.
17(Source: P.A. 102-541, eff. 8-20-21.)
18    Section 99. Effective date. This Act takes effect upon
19becoming law.