Illinois General Assembly - Full Text of HB6075
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Full Text of HB6075  99th General Assembly

HB6075 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6075

 

Introduced 2/11/2016, by Rep. Eddie Lee Jackson, Sr.

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/7-702
625 ILCS 5/7-702.1
750 ILCS 5/505  from Ch. 40, par. 505

    Amends the Illinois Vehicle Code. Provides the Secretary of State shall issue a family financial responsibility driving permit that would allow limited driving privileges for employment and medical purposes for any person whose license was ordered suspended by the court or the Department of Healthcare and Family Services for delinquency in child support payments. Amends the Illinois Marriage and Dissolution of Marriage Act. Makes conforming changes. Effective immediately.


LRB099 19845 AXK 44244 b

 

 

A BILL FOR

 

HB6075LRB099 19845 AXK 44244 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 7-702, and 7-702.1 as follows:
 
6    (625 ILCS 5/7-702)
7    Sec. 7-702. Suspension of driver's license for failure to
8comply with order to pay support or to comply with a visitation
9order.
10    (a) The Secretary of State shall suspend the driver's
11license issued to an obligor and issue a family financial
12responsibility driving permit to the obligor, upon receiving an
13authenticated report provided for in subsection (a) of Section
147-703, that the person is 90 days or more delinquent in court
15ordered child support payments or has been adjudicated in
16arrears in an amount equal to 90 days obligation or more, and
17has been found in contempt by the court for failure to pay the
18support.
19    (b) The Secretary of State shall suspend the driver's
20license issued to an obligor and issue a family financial
21responsibility driving permit to the obligor, upon receiving an
22authenticated document provided for in subsection (b) of
23Section 7-703, that the person has been adjudicated in arrears

 

 

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1in court ordered child support payments in an amount equal to
290 days obligation or more, but has not been held in contempt
3of court, and that the court has ordered that the person's
4driving privileges be suspended. The obligor's driver's
5license shall be suspended until such time as the Secretary of
6State receives authenticated documentation that the obligor is
7in compliance with the court order of support. When the obligor
8complies with the court ordered child support payments, the
9circuit court shall report the obligor's compliance with the
10court order of support to the Secretary of State, on a form
11prescribed by the Secretary of State, and shall order that the
12obligor's driver's license be reinstated.
13    (c) The Secretary of State shall suspend a driver's license
14and issue a family financial responsibility driving permit
15under subsection (b) of Section 7-702.1, upon certification by
16the Illinois Department of Healthcare and Family Services, in a
17manner and form prescribed by the Illinois Secretary of State,
18that the person licensed is 90 days or more delinquent in
19payment of support under an order of support issued by a court
20or administrative body of this or any other State. The
21Secretary of State may reinstate the person's driver's license
22if notified by the Department of Healthcare and Family Services
23that the person has paid the support delinquency in full or has
24arranged for payment of the delinquency and current support
25obligation in a manner satisfactory to the Department of
26Healthcare and Family Services.

 

 

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1    (d) The Secretary of State shall suspend the driver's
2license issued to a person upon receiving an authenticated
3document provided for in Section 7-703 that the person has been
4adjudicated as having engaged in visitation abuse and that the
5court has ordered that the person's driving privileges be
6suspended. The person's driver's license shall be suspended
7until such time as the Secretary of State receives
8authenticated documentation that the court has determined that
9there has been sufficient compliance for a sufficient period of
10time with the court's order concerning visitation and that full
11driving privileges shall be reinstated. When the court order in
12which the court has determined that there has been sufficient
13compliance for a sufficient period of time with the court's
14order concerning visitation and that full driving privileges
15shall be reinstated, the circuit court shall report that order
16concerning visitation to the Secretary of State, on a form
17prescribed by the Secretary of State, and shall order that the
18person's driver's license be reinstated.
19(Source: P.A. 97-1047, eff. 8-21-12.)
 
20    (625 ILCS 5/7-702.1)
21    Sec. 7-702.1. Family financial responsibility driving
22permits.
23    (a) A Following the entry of an order that an obligor has
24been found in contempt by the court for failure to pay court
25ordered child support payments or upon a motion by the obligor

 

 

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1who is subject to having his or her driver's license suspended
2pursuant to subsection (b) of Section 7-703, the court may
3enter an order directing the Secretary of State to issue a
4family financial responsibility driving permit issued under
5this Article shall be for the purpose of providing the obligor
6the privilege of operating a motor vehicle: (1) between the
7obligor's residence and place of employment; (2) , or within
8the scope of employment related duties; (3) or for the purpose
9of providing transportation for the obligor or a household
10member to receive alcohol treatment, other drug treatment, or
11medical care; and (4) if . If the obligor is unemployed, the
12court may issue the order for the purpose of seeking
13employment, which may be subject to the requirements set forth
14in subsection (a) of Section 505.1 of the Illinois Marriage and
15Dissolution of Marriage Act. Any permit used Except upon a
16showing of good cause, any permit issued for the purpose of
17seeking employment shall be limited to Monday through Friday
18between the hours of 8 a.m. and 12 p.m. The court may enter an
19order directing the issuance of a permit only if the obligor
20has proven to the satisfaction of the court that no alternative
21means of transportation are reasonably available for the above
22stated purposes. No permit shall be issued to a person under
23the age of 16 years who possesses an instruction permit.
24    The permit shall state the purposes Upon entry of an order
25granting the issuance of a permit to an obligor, the court
26shall report this finding to the Secretary of State on a form

 

 

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1prescribed by the Secretary. This form shall state whether the
2permit has been granted for employment or medical purposes and
3the specific days and hours for which limited driving
4privileges have been granted.
5    (a-1) Following the entry of an order that a person has
6been found in contempt by the court for failure to follow a
7visitation order, the court may enter an order directing the
8Secretary of State to issue a family responsibility driving
9permit for the purpose of providing the person the privilege of
10operating a motor vehicle between the person's residence and
11place of employment or within the scope of employment related
12duties, or for the purpose of providing transportation for the
13person or a household member to receive alcohol treatment,
14other drug treatment, or medical care. If the person is
15unemployed, the court may issue the order for the purpose of
16seeking employment, which may be subject to the requirements
17set forth in subsection (a) of Section 505.1 of the Illinois
18Marriage and Dissolution of Marriage Act. Except upon a showing
19of good cause, any permit issued for the purpose of seeking
20employment shall be limited to Monday through Friday between
21the hours of 8 a.m. and 12 p.m. The court may enter an order
22directing the issuance of a permit only if the person has
23proven to the satisfaction of the court that no alternative
24means of transportation are reasonably available for the above
25stated purposes. No permit shall be issued to a person under
26the age of 16 years who possesses an instruction permit. Upon

 

 

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1entry of an order granting the issuance of a permit to a
2person, the court shall report this finding to the Secretary of
3State on a form prescribed by the Secretary. This form shall
4state whether the permit has been granted for employment or
5medical purposes and the specific days and hours for which
6limited driving privileges have been granted.
7    (a-2) Except for delinquency in court ordered child support
8payments, the The family financial responsibility driving
9permit shall be subject to cancellation, invalidation,
10suspension, and revocation by the Secretary of State in the
11same manner and for the same reasons as a driver's license may
12be cancelled, invalidated, suspended, or revoked.
13    The Secretary of State shall, as provided in this Article
14upon receipt of a certified court order from the court of
15jurisdiction, issue a family financial responsibility driving
16permit. In order for this permit to be issued, an individual's
17driving privileges must be valid except for the family
18financial responsibility suspension or the family
19responsibility suspension. This permit shall be valid only for
20employment and medical purposes as set forth above. The permit
21shall state the days and hours for which limited driving
22privileges have been granted.
23    Any submitted court order that contains insufficient data
24or fails to comply with any provision of this Code shall not be
25used for issuance of the permit or entered to the individual's
26driving record but shall be returned to the court of

 

 

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1jurisdiction indicating why the permit cannot be issued at that
2time. The Secretary of State shall also send notice of the
3return of the court order to the individual requesting the
4permit.
5    (b) Following certification of delinquency pursuant to
6subsection (c) of Section 7-702 of this Code by , and upon
7petition by the obligor whose driver's license has been
8suspended under that subsection, the Department of Healthcare
9and Family Services, may direct the Secretary of State shall to
10issue a family financial responsibility driving permit for the
11purpose of providing the obligor the privilege of operating a
12motor vehicle: (1) between the obligor's residence and place of
13employment; (2) , or within the scope of employment related
14duties; (3) , or for the purpose of providing transportation
15for the obligor or a household member to receive alcohol
16treatment, other drug treatment, or medical care; and (4) if .
17If the obligor is unemployed, the Department of Healthcare and
18Family Services may direct the issuance of the permit for the
19purpose of seeking employment, which may be subject to the
20requirements set forth in subsection (a) of Section 505.1 of
21the Illinois Marriage and Dissolution of Marriage Act. Any
22permit used Except upon a showing of good cause, any permit
23issued for the purpose of seeking employment shall be limited
24to Monday through Friday between the hours of 8 a.m. and 12
25p.m. The Department of Healthcare and Family Services may
26direct the issuance of a permit only if the obligor has proven

 

 

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1to the Department's satisfaction that no alternative means of
2transportation is reasonably available for the above stated
3purposes.
4    The Department of Healthcare and Family Services shall
5report to the Secretary of State the finding granting a permit
6on a form prescribed by the Secretary of State. The form shall
7state the purpose for which the permit has been granted, the
8specific days and hours for which limited driving privileges
9are allowed, and the duration of the permit.
10    Except for delinquency in child support payments, the The
11family financial responsibility driving permit shall be
12subject to cancellation, invalidation, suspension, and
13revocation by the Secretary of State in the same manner and for
14the same reasons as a driver's license may be cancelled,
15invalidated, suspended, or revoked.
16    The As directed by the Department of Healthcare and Family
17Services, the Secretary of State shall issue a family financial
18responsibility driving permit, but only if the obligor's
19driving privileges are valid except for the family financial
20responsibility suspension. The permit shall state the purposes
21the purpose or purposes for which it was granted under this
22subsection, the specific days and hours for which limited
23driving privileges are allowed, and the duration of the permit.
24    If the Department of Healthcare and Family Services
25directive to issue a family financial responsibility driving
26permit contains insufficient data or fails to comply with any

 

 

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1provision of this Code, a permit shall not be issued and the
2directive shall be returned to the Department of Healthcare and
3Family Services. The Secretary of State shall also send notice
4of the return of the Department's directive to the obligor
5requesting the permit.
6    (c) In accordance with 49 C.F.R. Part 384, the Secretary of
7State may not issue a family financial responsibility driving
8permit to any person for the operation of a commercial motor
9vehicle if the person's driving privileges have been suspended
10under any provisions of this Code.
11(Source: P.A. 96-1284, eff. 1-1-11; 97-1047, eff. 8-21-12.)
 
12    Section 10. The Illinois Marriage and Dissolution of
13Marriage Act is amended by changing Section 505 as follows:
 
14    (750 ILCS 5/505)  (from Ch. 40, par. 505)
15    Sec. 505. Child support; contempt; penalties.
16    (a) In a proceeding for dissolution of marriage, legal
17separation, declaration of invalidity of marriage, a
18proceeding for child support following dissolution of the
19marriage by a court that lacked personal jurisdiction over the
20absent spouse, a proceeding for modification of a previous
21order for child support under Section 510 of this Act, or any
22proceeding authorized under Section 501 or 601 of this Act, the
23court may order either or both parents owing a duty of support
24to a child of the marriage to pay an amount reasonable and

 

 

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1necessary for the support of the child, without regard to
2marital misconduct. The duty of support owed to a child
3includes the obligation to provide for the reasonable and
4necessary educational, physical, mental and emotional health
5needs of the child. For purposes of this Section, the term
6"child" shall include any child under age 18 and any child
7under age 19 who is still attending high school. For purposes
8of this Section, the term "supporting parent" means the parent
9obligated to pay support to the other parent.
10        (1) The Court shall determine the minimum amount of
11    support by using the following guidelines:
12Number of ChildrenPercent of Supporting Party's
13Net Income
14120%
15228%
16332%
17440%
18545%
196 or more50%
20        (2) The above guidelines shall be applied in each case
21    unless the court finds that a deviation from the guidelines
22    is appropriate after considering the best interest of the
23    child in light of the evidence, including, but not limited
24    to, one or more of the following relevant factors:
25            (a) the financial resources and needs of the child;
26            (b) the financial resources and needs of the

 

 

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1        parents;
2            (c) the standard of living the child would have
3        enjoyed had the marriage not been dissolved;
4            (d) the physical, mental, and emotional needs of
5        the child; and
6            (d-5) the educational needs of the child.
7        If the court deviates from the guidelines, the court's
8    finding shall state the amount of support that would have
9    been required under the guidelines, if determinable. The
10    court shall include the reason or reasons for the variance
11    from the guidelines.
12        (2.5) The court, in its discretion, in addition to
13    setting child support pursuant to the guidelines and
14    factors, may order either or both parents owing a duty of
15    support to a child of the marriage to contribute to the
16    following expenses, if determined by the court to be
17    reasonable:
18            (a) health needs not covered by insurance;
19            (b) child care;
20            (c) education; and
21            (d) extracurricular activities.
22        (3) "Net income" is defined as the total of all income
23    from all sources, minus the following deductions:
24            (a) Federal income tax (properly calculated
25        withholding or estimated payments);
26            (b) State income tax (properly calculated

 

 

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1        withholding or estimated payments);
2            (c) Social Security (FICA payments);
3            (d) Mandatory retirement contributions required by
4        law or as a condition of employment;
5            (e) Union dues;
6            (f) Dependent and individual
7        health/hospitalization insurance premiums and premiums
8        for life insurance ordered by the court to reasonably
9        secure payment of ordered child support;
10            (g) Prior obligations of support or maintenance
11        actually paid pursuant to a court order;
12            (g-5) Obligations pursuant to a court order for
13        maintenance in the pending proceeding actually paid or
14        payable under Section 504 to the same party to whom
15        child support is to be payable;
16            (h) Expenditures for repayment of debts that
17        represent reasonable and necessary expenses for the
18        production of income including, but not limited to,
19        student loans, medical expenditures necessary to
20        preserve life or health, reasonable expenditures for
21        the benefit of the child and the other parent,
22        exclusive of gifts. The court shall reduce net income
23        in determining the minimum amount of support to be
24        ordered only for the period that such payments are due
25        and shall enter an order containing provisions for its
26        self-executing modification upon termination of such

 

 

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1        payment period;
2            (i) Foster care payments paid by the Department of
3        Children and Family Services for providing licensed
4        foster care to a foster child.
5        (4) In cases where the court order provides for
6    health/hospitalization insurance coverage pursuant to
7    Section 505.2 of this Act, the premiums for that insurance,
8    or that portion of the premiums for which the supporting
9    party is responsible in the case of insurance provided
10    through an employer's health insurance plan where the
11    employer pays a portion of the premiums, shall be
12    subtracted from net income in determining the minimum
13    amount of support to be ordered.
14        (4.5) In a proceeding for child support following
15    dissolution of the marriage by a court that lacked personal
16    jurisdiction over the absent spouse, and in which the court
17    is requiring payment of support for the period before the
18    date an order for current support is entered, there is a
19    rebuttable presumption that the supporting party's net
20    income for the prior period was the same as his or her net
21    income at the time the order for current support is
22    entered.
23        (5) If the net income cannot be determined because of
24    default or any other reason, the court shall order support
25    in an amount considered reasonable in the particular case.
26    The final order in all cases shall state the support level

 

 

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1    in dollar amounts. However, if the court finds that the
2    child support amount cannot be expressed exclusively as a
3    dollar amount because all or a portion of the supporting
4    parent's net income is uncertain as to source, time of
5    payment, or amount, the court may order a percentage amount
6    of support in addition to a specific dollar amount and
7    enter such other orders as may be necessary to determine
8    and enforce, on a timely basis, the applicable support
9    ordered.
10        (6) If (i) the supporting parent was properly served
11    with a request for discovery of financial information
12    relating to the supporting parent's ability to provide
13    child support, (ii) the supporting parent failed to comply
14    with the request, despite having been ordered to do so by
15    the court, and (iii) the supporting parent is not present
16    at the hearing to determine support despite having received
17    proper notice, then any relevant financial information
18    concerning the supporting parent's ability to provide
19    child support that was obtained pursuant to subpoena and
20    proper notice shall be admitted into evidence without the
21    need to establish any further foundation for its admission.
22    (a-5) In an action to enforce an order for support based on
23the respondent's failure to make support payments as required
24by the order, notice of proceedings to hold the respondent in
25contempt for that failure may be served on the respondent by
26personal service or by regular mail addressed to the

 

 

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

 

 

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

 

 

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1    person, persons, or business entity with the intent to
2    perpetrate a fraud on the parent receiving the support.
3    With respect to assets which are real property, no order
4entered under this paragraph shall affect the rights of bona
5fide purchasers, mortgagees, judgment creditors, or other lien
6holders who acquire their interests in the property prior to
7the time a notice of lis pendens pursuant to the Code of Civil
8Procedure or a copy of the order is placed of record in the
9office of the recorder of deeds for the county in which the
10real property is located.
11    The court may also order in cases where the parent is 90
12days or more delinquent in payment of support or has been
13adjudicated in arrears in an amount equal to 90 days obligation
14or more, that the parent's Illinois driving privileges be
15suspended until the court determines that the parent is in
16compliance with the order of support. The court may also order
17that the parent be issued a family financial responsibility
18driving permit that would allow limited driving privileges for
19employment and medical purposes in accordance with Section
207-702.1 of the Illinois Vehicle Code. The clerk of the circuit
21court shall certify the order suspending the driving privileges
22of the parent or granting the issuance of a family financial
23responsibility driving permit to the Secretary of State on
24forms prescribed by the Secretary. Upon receipt of the
25authenticated documents, the Secretary of State shall suspend
26the parent's driving privileges until further order of the

 

 

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1court and shall, if ordered by the court, subject to the
2provisions of Section 7-702.1 of the Illinois Vehicle Code,
3issue a family financial responsibility driving permit to the
4parent.
5    In addition to the penalties or punishment that may be
6imposed under this Section, any person whose conduct
7constitutes a violation of Section 15 of the Non-Support
8Punishment Act may be prosecuted under that Act, and a person
9convicted under that Act may be sentenced in accordance with
10that Act. The sentence may include but need not be limited to a
11requirement that the person perform community service under
12Section 50 of that Act or participate in a work alternative
13program under Section 50 of that Act. A person may not be
14required to participate in a work alternative program under
15Section 50 of that Act if the person is currently participating
16in a work program pursuant to Section 505.1 of this Act.
17    A support obligation, or any portion of a support
18obligation, which becomes due and remains unpaid as of the end
19of each month, excluding the child support that was due for
20that month to the extent that it was not paid in that month,
21shall accrue simple interest as set forth in Section 12-109 of
22the Code of Civil Procedure. An order for support entered or
23modified on or after January 1, 2006 shall contain a statement
24that a support obligation required under the order, or any
25portion of a support obligation required under the order, that
26becomes due and remains unpaid as of the end of each month,

 

 

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1excluding the child support that was due for that month to the
2extent that it was not paid in that month, shall accrue simple
3interest as set forth in Section 12-109 of the Code of Civil
4Procedure. Failure to include the statement in the order for
5support does not affect the validity of the order or the
6accrual of interest as provided in this Section.
7    (c) A one-time charge of 20% is imposable upon the amount
8of past-due child support owed on July 1, 1988 which has
9accrued under a support order entered by the court. The charge
10shall be imposed in accordance with the provisions of Section
1110-21 of the Illinois Public Aid Code and shall be enforced by
12the court upon petition.
13    (d) Any new or existing support order entered by the court
14under this Section shall be deemed to be a series of judgments
15against the person obligated to pay support thereunder, each
16such judgment to be in the amount of each payment or
17installment of support and each such judgment to be deemed
18entered as of the date the corresponding payment or installment
19becomes due under the terms of the support order. Each such
20judgment shall have the full force, effect and attributes of
21any other judgment of this State, including the ability to be
22enforced. Notwithstanding any other State or local law to the
23contrary, a lien arises by operation of law against the real
24and personal property of the supporting parent for each
25installment of overdue support owed by the supporting parent.
26    (e) When child support is to be paid through the clerk of

 

 

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1the court in a county of 1,000,000 inhabitants or less, the
2order shall direct the supporting parent to pay to the clerk,
3in addition to the child support payments, all fees imposed by
4the county board under paragraph (3) of subsection (u) of
5Section 27.1 of the Clerks of Courts Act. Unless paid in cash
6or pursuant to an order for withholding, the payment of the fee
7shall be by a separate instrument from the support payment and
8shall be made to the order of the Clerk.
9    (f) All orders for support, when entered or modified, shall
10include a provision requiring the supporting parent to notify
11the court and, in cases in which a party is receiving child and
12spouse services under Article X of the Illinois Public Aid
13Code, the Department of Healthcare and Family Services, within
147 days, (i) of the name and address of any new employer of the
15obligor, (ii) whether the supporting parent has access to
16health insurance coverage through the employer or other group
17coverage and, if so, the policy name and number and the names
18of persons covered under the policy, except only the initials
19of any covered minors shall be included, and (iii) of any new
20residential or mailing address or telephone number of the
21supporting parent. In any subsequent action to enforce a
22support order, upon a sufficient showing that a diligent effort
23has been made to ascertain the location of the supporting
24parent, service of process or provision of notice necessary in
25the case may be made at the last known address of the
26supporting parent in any manner expressly provided by the Code

 

 

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1of Civil Procedure or this Act, which service shall be
2sufficient for purposes of due process.
3    (g) An order for support shall include a date on which the
4current support obligation terminates. The termination date
5shall be no earlier than the date on which the child covered by
6the order will attain the age of 18. However, if the child will
7not graduate from high school until after attaining the age of
818, then the termination date shall be no earlier than the
9earlier of the date on which the child's high school graduation
10will occur or the date on which the child will attain the age
11of 19. The order for support shall state that the termination
12date does not apply to any arrearage that may remain unpaid on
13that date. Nothing in this subsection shall be construed to
14prevent the court from modifying the order or terminating the
15order in the event the child is otherwise emancipated.
16    (g-5) If there is an unpaid arrearage or delinquency (as
17those terms are defined in the Income Withholding for Support
18Act) equal to at least one month's support obligation on the
19termination date stated in the order for support or, if there
20is no termination date stated in the order, on the date the
21child attains the age of majority or is otherwise emancipated,
22the periodic amount required to be paid for current support of
23that child immediately prior to that date shall automatically
24continue to be an obligation, not as current support but as
25periodic payment toward satisfaction of the unpaid arrearage or
26delinquency. That periodic payment shall be in addition to any

 

 

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1periodic payment previously required for satisfaction of the
2arrearage or delinquency. The total periodic amount to be paid
3toward satisfaction of the arrearage or delinquency may be
4enforced and collected by any method provided by law for
5enforcement and collection of child support, including but not
6limited to income withholding under the Income Withholding for
7Support Act. Each order for support entered or modified on or
8after the effective date of this amendatory Act of the 93rd
9General Assembly must contain a statement notifying the parties
10of the requirements of this subsection. Failure to include the
11statement in the order for support does not affect the validity
12of the order or the operation of the provisions of this
13subsection with regard to the order. This subsection shall not
14be construed to prevent or affect the establishment or
15modification of an order for support of a minor child or the
16establishment or modification of an order for support of a
17non-minor child or educational expenses under Section 513 of
18this Act.
19    (h) An order entered under this Section shall include a
20provision requiring either parent to report to the other parent
21and to the clerk of court within 10 days each time either
22parent obtains new employment, and each time either parent's
23employment is terminated for any reason. The report shall be in
24writing and shall, in the case of new employment, include the
25name and address of the new employer. Failure to report new
26employment or the termination of current employment, if coupled

 

 

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1with nonpayment of support for a period in excess of 60 days,
2is indirect criminal contempt. For either parent arrested for
3failure to report new employment bond shall be set in the
4amount of the child support that should have been paid during
5the period of unreported employment. An order entered under
6this Section shall also include a provision requiring either
7parent to advise the other of a change in residence within 5
8days of the change except when the court finds that the
9physical, mental, or emotional health of a party or that of a
10child, or both, would be seriously endangered by disclosure of
11the party's address.
12    (i) The court does not lose the powers of contempt,
13driver's license suspension, or other child support
14enforcement mechanisms, including, but not limited to,
15criminal prosecution as set forth in this Act, upon the
16emancipation of the minor child or children.
17(Source: P.A. 98-463, eff. 8-16-13; 98-961, eff. 1-1-15; 99-90,
18eff. 1-1-16.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.