Full Text of SB3231 98th General Assembly
SB3231eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Marriage and Dissolution of | 5 | | Marriage Act is amended by changing Sections 504 and 505 as | 6 | | follows:
| 7 | | (750 ILCS 5/504) (from Ch. 40, par. 504)
| 8 | | Sec. 504. Maintenance.
| 9 | | (a) Entitlement to maintenance. In a proceeding for | 10 | | dissolution of marriage or legal separation or
declaration of | 11 | | invalidity of marriage, or a proceeding for maintenance
| 12 | | following dissolution of the marriage by a court which lacked | 13 | | personal
jurisdiction over the absent spouse, the court may | 14 | | grant a temporary or
permanent maintenance award for either | 15 | | spouse in amounts and for periods of
time as the court deems | 16 | | just, without regard to marital misconduct, in
gross or for | 17 | | fixed or indefinite periods of time, and the maintenance may
be | 18 | | paid from the income or property of the other spouse . The court | 19 | | shall first determine whether a maintenance award is | 20 | | appropriate, after consideration
of all relevant factors, | 21 | | including:
| 22 | | (1) the income and property of each party, including | 23 | | marital property
apportioned and non-marital property |
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| 1 | | assigned to the party seeking maintenance;
| 2 | | (2) the needs of each party;
| 3 | | (3) the present and future earning capacity of each | 4 | | party;
| 5 | | (4) any impairment of the present and future earning | 6 | | capacity of the
party seeking maintenance due to that party | 7 | | devoting time to domestic
duties or having forgone or | 8 | | delayed education, training,
employment, or
career | 9 | | opportunities due to the marriage;
| 10 | | (5) the time necessary to enable the party seeking | 11 | | maintenance to
acquire appropriate education, training, | 12 | | and employment, and whether that
party is able to support | 13 | | himself or herself through appropriate employment
or is the | 14 | | custodian of a child making it appropriate that the | 15 | | custodian not
seek employment;
| 16 | | (6) the standard of living established during the | 17 | | marriage;
| 18 | | (7) the duration of the marriage;
| 19 | | (8) the age and the physical and emotional condition of
| 20 | | both parties;
| 21 | | (9) the tax consequences of the property division upon | 22 | | the respective
economic circumstances of the parties;
| 23 | | (10) contributions and services by the party seeking | 24 | | maintenance to
the education, training, career or career | 25 | | potential, or license of the
other spouse;
| 26 | | (11) any valid agreement of the parties; and
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| 1 | | (12) any other factor that the court expressly finds to | 2 | | be just and
equitable.
| 3 | | (b) (Blank).
| 4 | | (b-1) Amount and duration of maintenance. If the court | 5 | | determines that a maintenance award is appropriate, the court | 6 | | shall order maintenance in accordance with either paragraph (1) | 7 | | or (2) of this subsection (b-1): | 8 | | (1) Maintenance award in accordance with guidelines. | 9 | | In situations when the combined gross income of the parties | 10 | | is less than $250,000 and no multiple family situation | 11 | | exists, maintenance payable after the date the parties' | 12 | | marriage is dissolved shall be in accordance with | 13 | | subparagraphs (A) and (B) of this paragraph (1), unless the | 14 | | court makes a finding that the application of the | 15 | | guidelines would be inappropriate. | 16 | | (A) The amount of maintenance under this paragraph | 17 | | (1) shall be calculated by taking 30% of the payor's | 18 | | gross income minus 20% of the payee's gross income. The
| 19 | | amount calculated as maintenance, however, when added | 20 | | to the gross income of the payee, may not result in the | 21 | | payee receiving an amount that is in excess of 40% of | 22 | | the combined gross income
of the parties. | 23 | | (B) The duration of an award under this paragraph | 24 | | (1) shall be calculated by multiplying the length of | 25 | | the marriage by whichever of
the following factors | 26 | | applies: 0-5 years (.20); 5-10 years (.40); 10-15
years |
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| 1 | | (.60); or 15-20 years (.80). For a marriage of 20 or | 2 | | more years, the court, in its discretion, shall order | 3 | | either permanent maintenance or maintenance for a | 4 | | period equal to the length of the
marriage. | 5 | | (2) Maintenance award not in accordance with | 6 | | guidelines. Any non-guidelines award of maintenance shall | 7 | | be made after the court's consideration of all relevant | 8 | | factors set forth in subsection (a) of this Section. | 9 | | (b-2) Findings. In each case involving the issue of | 10 | | maintenance, the court shall make specific findings of fact, as | 11 | | follows: | 12 | | (1) the court shall state its reasoning for awarding or | 13 | | not awarding maintenance and shall include references to | 14 | | each relevant factor set forth in subsection (a) of this | 15 | | Section; and | 16 | | (2) if the court deviates from otherwise applicable | 17 | | guidelines under paragraph (1) of subsection (b-1), it | 18 | | shall state in its findings the amount of maintenance (if | 19 | | determinable) or duration that would have been required | 20 | | under the guidelines and the reasoning for any variance | 21 | | from the guidelines. | 22 | | (b-3) Gross income. For purposes of this Section, the term | 23 | | "gross income" means all income from all sources, within the | 24 | | scope of that phase in Section 505 of this Act. | 25 | | (b-4) Unallocated maintenance. Unless the parties | 26 | | otherwise agree, the court may not order unallocated |
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| 1 | | maintenance and child support in any dissolution judgment or in | 2 | | any post-dissolution order. In its discretion, the court may | 3 | | order unallocated maintenance and child support in any | 4 | | pre-dissolution temporary order. | 5 | | (b-4.5) Fixed-term maintenance in marriages of less than 10 | 6 | | years. If a court grants maintenance for a fixed period under | 7 | | subsection (a) of this Section at the conclusion of a case | 8 | | commenced before the tenth anniversary of the marriage, the | 9 | | court may also designate the termination of the period during | 10 | | which this maintenance is to be paid as a "permanent | 11 | | termination". The effect of this designation is that | 12 | | maintenance is barred after the ending date of the period | 13 | | during which maintenance is to be paid. | 14 | | (b-5) Interest on maintenance. Any maintenance obligation | 15 | | including any unallocated maintenance and child support | 16 | | obligation, or any portion of any support obligation, that | 17 | | becomes due and remains unpaid shall accrue simple interest as | 18 | | set forth in Section 505 of this Act.
| 19 | | (b-7) Maintenance judgments. Any new or existing | 20 | | maintenance order including any unallocated maintenance and | 21 | | child support order entered by the court under this Section | 22 | | shall be deemed to be a series of judgments against the person | 23 | | obligated to pay support thereunder. Each such judgment to be | 24 | | in the amount of each payment or installment of support and | 25 | | each such judgment to be deemed entered as of the date the | 26 | | corresponding payment or installment becomes due under the |
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| 1 | | terms of the support order, except no judgment shall arise as | 2 | | to any installment coming due after the termination of | 3 | | maintenance as provided by Section 510 of the Illinois Marriage | 4 | | and Dissolution of Marriage Act or the provisions of any order | 5 | | for maintenance. Each such judgment shall have the full force, | 6 | | effect and attributes of any other judgment of this State, | 7 | | including the ability to be enforced. Notwithstanding any other | 8 | | State or local law to the contrary, a lien arises by operation | 9 | | of law against the real and personal property of the obligor | 10 | | for each installment of overdue support owed by the obligor. | 11 | | (c) Maintenance during an appeal. The court may grant and | 12 | | enforce the payment of maintenance during
the pendency of an | 13 | | appeal as the court shall deem reasonable and proper.
| 14 | | (d) Maintenance during imprisonment. No maintenance shall | 15 | | accrue during the period in which a party is
imprisoned for | 16 | | failure to comply with the court's order for the payment of
| 17 | | such maintenance.
| 18 | | (e) Fees when maintenance is paid through the clerk. When | 19 | | maintenance is to be paid through the clerk of the court in a
| 20 | | county of 1,000,000 inhabitants or less, the order shall direct | 21 | | the obligor
to pay to the clerk, in addition to the maintenance | 22 | | payments, all fees
imposed by the county board under paragraph | 23 | | (3) of subsection (u) of
Section 27.1 of the Clerks of Courts | 24 | | Act. Unless paid in cash or pursuant
to an order for | 25 | | withholding, the payment of the fee shall be by a separate
| 26 | | instrument from the support payment and shall be made to the |
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| 1 | | order of
the Clerk.
| 2 | | (f) Maintenance secured by life insurance. An award ordered | 3 | | by a court upon entry of a dissolution judgment or upon entry | 4 | | of an award of maintenance following a reservation of | 5 | | maintenance in a dissolution judgment may be reasonably | 6 | | secured, in whole or in part, by life insurance on the
payor's | 7 | | life on terms as to which the parties agree, or, if they do not | 8 | | agree, on such terms determined by the court,
subject to the | 9 | | following: | 10 | | (1) With respect to existing life insurance, provided | 11 | | the court is apprised through evidence,
stipulation, or | 12 | | otherwise as to level of death benefits, premium, and other | 13 | | relevant
data and makes findings relative thereto, the | 14 | | court may allocate death benefits, the right
to assign | 15 | | death benefits, or the obligation for future premium | 16 | | payments between the
parties as it deems just. | 17 | | (2) To the extent the court determines that its award | 18 | | should be secured, in whole or in part,
by new life | 19 | | insurance on the payor's life, the court may only order: | 20 | | (i) that the payor cooperate on all appropriate | 21 | | steps for the payee to obtain
such new life insurance; | 22 | | and | 23 | | (ii) that the payee, at his or her sole option and | 24 | | expense, may obtain such new life
insurance on the | 25 | | payor's life up to a maximum level of death benefit | 26 | | coverage,
or descending death benefit coverage, as is |
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| 1 | | set by the court, such level not to exceed a reasonable
| 2 | | amount in light of the court's award, with the payee or | 3 | | the
payee's designee being the beneficiary of such life | 4 | | insurance. | 5 | | In determining the maximum level of death benefit coverage, | 6 | | the court shall take into account all relevant facts and | 7 | | circumstances, including the impact on access to life | 8 | | insurance by the maintenance payor. If in resolving any | 9 | | issues under paragraph (2) of this subsection (f) a court | 10 | | reviews any submitted or proposed application for new | 11 | | insurance on the life of a maintenance payor, the review | 12 | | shall be in camera. | 13 | | (3) A judgment shall expressly set forth that all death | 14 | | benefits paid under life insurance on
a payor's life | 15 | | maintained or obtained pursuant to this subsection to | 16 | | secure
maintenance are designated as excludable from the | 17 | | gross income of the
maintenance payee under Section | 18 | | 71(b)(1)(B) of the Internal Revenue Code, unless an
| 19 | | agreement or stipulation of the parties otherwise | 20 | | provides. | 21 | | (Source: P.A. 97-186, eff. 7-22-11; 97-608, eff. 1-1-12; | 22 | | 97-813, eff. 7-13-12.)
| 23 | | (750 ILCS 5/505) (from Ch. 40, par. 505)
| 24 | | Sec. 505. Child support; contempt; penalties.
| 25 | | (a) In a proceeding for dissolution of marriage, legal |
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| 1 | | separation,
declaration of invalidity of marriage, a | 2 | | proceeding for child support
following dissolution of the | 3 | | marriage by a court that lacked personal
jurisdiction over the | 4 | | absent spouse, a proceeding for modification of a
previous | 5 | | order for child support under Section 510 of this Act, or any
| 6 | | proceeding authorized under Section 501 or 601 of this Act, the | 7 | | court may
order either or both parents owing a duty of support | 8 | | to a child of the
marriage to pay an amount reasonable and | 9 | | necessary for the support of the child, without
regard to | 10 | | marital misconduct. The duty of support owed to a child
| 11 | | includes the obligation to provide for the reasonable and | 12 | | necessary
educational, physical, mental and emotional health | 13 | | needs of the child.
For purposes of this Section, the term | 14 | | "child" shall include any child under
age 18 and
any child | 15 | | under age 19 who is still attending high school.
| 16 | | (1) The Court shall determine the minimum amount of | 17 | | support by using the
following guidelines:
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18 | | Number of Children |
Percent of Supporting Party's |
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19 | | |
Net Income |
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20 | | 1 |
20% |
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21 | | 2 |
28% |
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22 | | 3 |
32% |
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23 | | 4 |
40% |
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24 | | 5 |
45% |
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25 | | 6 or more |
50% |
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26 | | (2) The above guidelines shall be applied in each case |
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| 1 | | unless the court
finds that a deviation from the guidelines | 2 | | is appropriate after considering the best interest of the | 3 | | child in light of the evidence, including, but not limited | 4 | | to, one or more of the following relevant
factors:
| 5 | | (a) the financial resources and needs of the child;
| 6 | | (b) the financial resources and needs of the | 7 | | custodial parent;
| 8 | | (c) the standard of living the child would have | 9 | | enjoyed had the
marriage not been dissolved;
| 10 | | (d) the physical, mental, and emotional needs of | 11 | | the child;
| 12 | | (d-5) the educational needs of the child; and
| 13 | | (e) the financial resources and needs of the | 14 | | non-custodial parent.
| 15 | | If the court deviates from the guidelines, the court's | 16 | | finding
shall state the amount of support that would have | 17 | | been required under the
guidelines, if determinable. The | 18 | | court shall include the reason or reasons for
the variance | 19 | | from the
guidelines.
| 20 | | (2.5) The court, in its discretion, in addition to | 21 | | setting child support pursuant to the guidelines and | 22 | | factors, may order either or both parents owing a duty of | 23 | | support to a child of the marriage to contribute to the | 24 | | following expenses, if determined by the court to be | 25 | | reasonable: | 26 | | (a) health needs not covered by insurance; |
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| 1 | | (b) child care; | 2 | | (c) education; and | 3 | | (d) extracurricular activities.
| 4 | | (3) "Net income" is defined as the total of all income | 5 | | from all
sources, minus the following deductions:
| 6 | | (a) Federal income tax (properly calculated | 7 | | withholding or estimated
payments);
| 8 | | (b) State income tax (properly calculated | 9 | | withholding or estimated
payments);
| 10 | | (c) Social Security (FICA payments);
| 11 | | (d) Mandatory retirement contributions required by | 12 | | law or as a
condition of employment;
| 13 | | (e) Union dues;
| 14 | | (f) Dependent and individual | 15 | | health/hospitalization insurance premiums and premiums | 16 | | for life insurance ordered by the court to reasonably | 17 | | secure payment of ordered child support;
| 18 | | (g) Prior obligations of support or maintenance | 19 | | actually paid pursuant
to a court order;
| 20 | | (g-5) Obligations pursuant to a court order for | 21 | | maintenance in the pending proceeding actually paid or | 22 | | payable under Section 504 to the same party to whom | 23 | | child support is to be payable;
| 24 | | (h) Expenditures for repayment of debts that | 25 | | represent reasonable and
necessary expenses for the | 26 | | production of income, medical expenditures
necessary |
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| 1 | | to preserve life or health, reasonable expenditures | 2 | | for the
benefit of the child and the other parent, | 3 | | exclusive of gifts. The court
shall reduce net income | 4 | | in determining the minimum amount of support to be
| 5 | | ordered only for the period that such payments are due | 6 | | and shall enter an
order containing provisions for its | 7 | | self-executing modification upon
termination of such | 8 | | payment period;
| 9 | | (i) Foster care payments paid by the Department of | 10 | | Children and Family Services for providing licensed | 11 | | foster care to a foster child.
| 12 | | (4) In cases where the court order provides for
| 13 | | health/hospitalization insurance coverage pursuant to | 14 | | Section 505.2 of
this Act, the premiums for that insurance, | 15 | | or that portion of the premiums
for which the supporting | 16 | | party is responsible in the case of insurance
provided | 17 | | through an employer's health insurance plan where
the | 18 | | employer pays a portion of the premiums, shall be | 19 | | subtracted
from net income in determining the minimum | 20 | | amount of support to be ordered.
| 21 | | (4.5) In a proceeding for child support following | 22 | | dissolution of the
marriage by a court that lacked personal | 23 | | jurisdiction over the absent spouse,
and in which the court | 24 | | is requiring payment of support for the period before
the | 25 | | date an order for current support is entered, there is a | 26 | | rebuttable
presumption
that the supporting party's net |
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| 1 | | income for the prior period was the same as his
or her net | 2 | | income at the time the order for current support is | 3 | | entered.
| 4 | | (5) If the net income cannot be determined because of | 5 | | default or any
other reason, the court shall order support | 6 | | in an amount considered
reasonable in the particular case. | 7 | | The final order in all cases shall
state the support level | 8 | | in dollar amounts.
However, if the
court finds that the | 9 | | child support amount cannot be expressed exclusively as a
| 10 | | dollar amount because all or a portion of the payor's net | 11 | | income is uncertain
as to source, time of payment, or | 12 | | amount, the court may order a percentage
amount of support | 13 | | in addition to a specific dollar amount and enter
such | 14 | | other orders as may be necessary to determine and enforce, | 15 | | on a timely
basis, the applicable support ordered.
| 16 | | (6) If (i) the non-custodial parent was properly served | 17 | | with a request
for
discovery of financial information | 18 | | relating to the non-custodial parent's
ability to
provide | 19 | | child support, (ii) the non-custodial parent failed to | 20 | | comply with the
request,
despite having been ordered to do | 21 | | so by the court, and (iii) the non-custodial
parent is not | 22 | | present at the hearing to determine support despite having
| 23 | | received
proper notice, then any relevant financial | 24 | | information concerning the
non-custodial parent's ability | 25 | | to provide child support that was obtained
pursuant to
| 26 | | subpoena and proper notice shall be admitted into evidence |
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| 1 | | without the need to
establish any further foundation for | 2 | | its admission.
| 3 | | (a-5) In an action to enforce an order for support based on | 4 | | the
respondent's failure
to make support payments as required | 5 | | by the order, notice of proceedings to
hold the respondent in | 6 | | contempt for that failure may be served on the
respondent by | 7 | | personal service or by regular mail addressed to the | 8 | | respondent's
last known address. The respondent's last known | 9 | | address may be determined from
records of the clerk of the | 10 | | court, from the Federal Case Registry of Child
Support Orders, | 11 | | or by any other reasonable means.
| 12 | | (b) Failure of either parent to comply with an order to pay | 13 | | support shall
be punishable as in other cases of contempt. In | 14 | | addition to other
penalties provided by law the Court may, | 15 | | after finding the parent guilty
of contempt, order that the | 16 | | parent be:
| 17 | | (1) placed on probation with such conditions of | 18 | | probation as the Court
deems advisable;
| 19 | | (2) sentenced to periodic imprisonment for a period not | 20 | | to exceed 6
months; provided, however, that the Court may | 21 | | permit the parent to be
released for periods of time during | 22 | | the day or night to:
| 23 | | (A) work; or
| 24 | | (B) conduct a business or other self-employed | 25 | | occupation.
| 26 | | The Court may further order any part or all of the earnings |
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| 1 | | of a parent
during a sentence of periodic imprisonment paid to | 2 | | the Clerk of the Circuit
Court or to the parent having custody | 3 | | or to the guardian having custody
of the children of the | 4 | | sentenced parent for the support of said
children until further | 5 | | order of the Court.
| 6 | | If a parent who is found guilty of contempt for failure to | 7 | | comply with an order to pay support is a person who conducts a | 8 | | business or who is self-employed, the court in addition to | 9 | | other penalties provided by law may order that the parent do | 10 | | one or more of the following: (i) provide to the court monthly | 11 | | financial statements showing income and expenses from the | 12 | | business or the self-employment; (ii) seek employment and | 13 | | report periodically to the court with a diary, listing, or | 14 | | other memorandum of his or her employment search efforts; or | 15 | | (iii) report to the Department of Employment Security for job | 16 | | search services to find employment that will be subject to | 17 | | withholding for child support. | 18 | | If there is a unity of interest and ownership sufficient to | 19 | | render no
financial separation between a non-custodial parent | 20 | | and another person or
persons or business entity, the court may | 21 | | pierce the ownership veil of the
person, persons, or business | 22 | | entity to discover assets of the non-custodial
parent held in | 23 | | the name of that person, those persons, or that business | 24 | | entity.
The following circumstances are sufficient to | 25 | | authorize a court to order
discovery of the assets of a person, | 26 | | persons, or business entity and to compel
the application of |
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| 1 | | any discovered assets toward payment on the judgment for
| 2 | | support:
| 3 | | (1) the non-custodial parent and the person, persons, | 4 | | or business entity
maintain records together.
| 5 | | (2) the non-custodial parent and the person, persons, | 6 | | or business entity
fail to maintain an arm's length | 7 | | relationship between themselves with regard to
any assets.
| 8 | | (3) the non-custodial parent transfers assets to the | 9 | | person, persons,
or business entity with the intent to | 10 | | perpetrate a fraud on the custodial
parent.
| 11 | | With respect to assets which
are real property, no order | 12 | | entered under this paragraph shall affect the
rights of bona | 13 | | fide purchasers, mortgagees, judgment creditors, or other lien
| 14 | | holders who acquire their interests in the property prior to | 15 | | the time a notice
of lis pendens pursuant to the Code of Civil | 16 | | Procedure or a copy of the order
is placed of record in the | 17 | | office of the recorder of deeds for the county in
which the | 18 | | real property is located.
| 19 | | The court may also order in cases where the parent is 90 | 20 | | days or more
delinquent in payment of support or has been | 21 | | adjudicated in arrears in an
amount equal to 90 days obligation | 22 | | or more, that the parent's Illinois driving
privileges be | 23 | | suspended until the court
determines that the parent is in | 24 | | compliance with the order of support.
The court may also order | 25 | | that the parent be issued a family financial
responsibility | 26 | | driving permit that would allow limited driving privileges for
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| 1 | | employment and medical purposes in accordance with Section | 2 | | 7-702.1 of the
Illinois Vehicle Code. The clerk of the circuit | 3 | | court shall certify the order
suspending the driving privileges | 4 | | of the parent or granting the issuance of a
family financial | 5 | | responsibility driving permit to the Secretary of State on
| 6 | | forms prescribed by the Secretary. Upon receipt of the | 7 | | authenticated
documents, the Secretary of State shall suspend | 8 | | the parent's driving privileges
until further order of the | 9 | | court and shall, if ordered by the court, subject to
the | 10 | | provisions of Section 7-702.1 of the Illinois Vehicle Code, | 11 | | issue a family
financial responsibility driving permit to the | 12 | | parent.
| 13 | | In addition to the penalties or punishment that may be | 14 | | imposed under this
Section, any person whose conduct | 15 | | constitutes a violation of Section 15 of the
Non-Support | 16 | | Punishment Act may be prosecuted under that Act, and a person
| 17 | | convicted under that Act may be sentenced in accordance with | 18 | | that Act. The
sentence may include but need not be limited to a | 19 | | requirement that the person
perform community service under | 20 | | Section 50 of that Act or participate in a work
alternative | 21 | | program under Section 50 of that Act. A person may not be | 22 | | required
to participate in a work alternative program under | 23 | | Section 50 of that Act if
the person is currently participating | 24 | | in a work program pursuant to Section
505.1 of this Act.
| 25 | | A support obligation, or any portion of a support | 26 | | obligation, which becomes
due and remains unpaid as of the end |
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| 1 | | of each month, excluding the child support that was due for | 2 | | that month to the extent that it was not paid in that month, | 3 | | shall accrue simple interest as set forth in Section 12-109 of | 4 | | the Code of Civil Procedure.
An order for support entered or | 5 | | modified on or after January 1, 2006 shall
contain a statement | 6 | | that a support obligation required under the order, or any
| 7 | | portion of a support obligation required under the order, that | 8 | | becomes due and
remains unpaid as of the end of each month, | 9 | | excluding the child support that was due for that month to the | 10 | | extent that it was not paid in that month, shall accrue simple | 11 | | interest as set forth in Section 12-109 of the Code of Civil | 12 | | Procedure. Failure to include the statement in the order for | 13 | | support does
not affect the validity of the order or the | 14 | | accrual of interest as provided in
this Section.
| 15 | | (c) A one-time charge of 20% is imposable upon the amount | 16 | | of
past-due child support owed on July 1, 1988 which has | 17 | | accrued under a
support order entered by the court. The charge | 18 | | shall be imposed in
accordance with the provisions of Section | 19 | | 10-21 of the Illinois Public Aid
Code and shall be enforced by | 20 | | the court upon petition.
| 21 | | (d) Any new or existing support order entered by the court
| 22 | | under this Section shall be deemed to be a series of judgments | 23 | | against the
person obligated to pay support thereunder, each | 24 | | such judgment to be in the
amount of each payment or | 25 | | installment of support and each such judgment to
be deemed | 26 | | entered as of the date the corresponding payment or installment
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| 1 | | becomes due under the terms of the support order. Each such | 2 | | judgment shall
have the full force, effect and attributes of | 3 | | any other judgment of this
State, including the ability to be | 4 | | enforced.
Notwithstanding any other State or local law to the | 5 | | contrary, a lien arises by operation of law against the real | 6 | | and personal property of
the noncustodial parent for each | 7 | | installment of overdue support owed by the
noncustodial parent.
| 8 | | (e) When child support is to be paid through the clerk of | 9 | | the court in a
county of 1,000,000 inhabitants or less, the | 10 | | order shall direct the obligor
to pay to the clerk, in addition | 11 | | to the child support payments, all fees
imposed by the county | 12 | | board under paragraph (3) of subsection (u) of
Section 27.1 of | 13 | | the Clerks of Courts Act. Unless paid in cash or pursuant to
an | 14 | | order for withholding, the payment of the fee shall be by a | 15 | | separate
instrument from the support payment and shall be made | 16 | | to the order of the
Clerk.
| 17 | | (f) All orders for support, when entered or
modified, shall | 18 | | include a provision requiring the obligor to notify
the court | 19 | | and, in cases in which a party is receiving child and spouse
| 20 | | services under Article X of the Illinois Public Aid Code, the
| 21 | | Department of Healthcare and Family Services, within 7 days, | 22 | | (i) of the name and address
of any new employer of the obligor, | 23 | | (ii) whether the obligor has access to
health insurance | 24 | | coverage through the employer or other group coverage and,
if | 25 | | so, the policy name and number and the names of persons covered | 26 | | under
the policy, and (iii) of any new residential or mailing |
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| 1 | | address or telephone
number of the non-custodial parent. In any | 2 | | subsequent action to enforce a
support order, upon a sufficient | 3 | | showing that a diligent effort has been made
to ascertain the | 4 | | location of the non-custodial parent, service of process or
| 5 | | provision of notice necessary in the case may be made at the | 6 | | last known
address of the non-custodial parent in any manner | 7 | | expressly provided by the
Code of Civil Procedure or this Act, | 8 | | which service shall be sufficient for
purposes of due process.
| 9 | | (g) An order for support shall include a date on which the | 10 | | current
support obligation terminates. The termination date | 11 | | shall be no earlier than
the date on which the child covered by | 12 | | the order will attain the age of
18. However, if the child will | 13 | | not graduate from high school until after
attaining the age of | 14 | | 18, then the termination date shall be no earlier than the
| 15 | | earlier of the date on which the child's high school graduation | 16 | | will occur or
the date on which the child will attain the age | 17 | | of 19. The order for support
shall state that the termination | 18 | | date does not apply to any arrearage that may
remain unpaid on | 19 | | that date. Nothing in this subsection shall be construed to
| 20 | | prevent the court from modifying the order or terminating the | 21 | | order in the
event the child is otherwise emancipated.
| 22 | | (g-5) If there is an unpaid arrearage or delinquency (as | 23 | | those terms are defined in the Income Withholding for Support | 24 | | Act) equal to at least one month's support obligation on the | 25 | | termination date stated in the order for support or, if there | 26 | | is no termination date stated in the order, on the date the |
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| 1 | | child attains the age of majority or is otherwise emancipated, | 2 | | the periodic amount required to be paid for current support of | 3 | | that child immediately prior to that date shall automatically | 4 | | continue to be an obligation, not as current support but as | 5 | | periodic payment toward satisfaction of the unpaid arrearage or | 6 | | delinquency. That periodic payment shall be in addition to any | 7 | | periodic payment previously required for satisfaction of the | 8 | | arrearage or delinquency. The total periodic amount to be paid | 9 | | toward satisfaction of the arrearage or delinquency may be | 10 | | enforced and collected by any method provided by law for | 11 | | enforcement and collection of child support, including but not | 12 | | limited to income withholding under the Income Withholding for | 13 | | Support Act. Each order for support entered or modified on or | 14 | | after the effective date of this amendatory Act of the 93rd | 15 | | General Assembly must contain a statement notifying the parties | 16 | | of the requirements of this subsection. Failure to include the | 17 | | statement in the order for support does not affect the validity | 18 | | of the order or the operation of the provisions of this | 19 | | subsection with regard to the order. This subsection shall not | 20 | | be construed to prevent or affect the establishment or | 21 | | modification of an order for support of a minor child or the | 22 | | establishment or modification of an order for support of a | 23 | | non-minor child or educational expenses under Section 513 of | 24 | | this Act.
| 25 | | (h) An order entered under this Section shall include a | 26 | | provision requiring
the obligor to report to the obligee and to |
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| 1 | | the clerk of court within 10 days
each time the obligor obtains | 2 | | new employment, and each time the obligor's
employment is | 3 | | terminated for any reason. The report shall be in writing and
| 4 | | shall, in the case of new employment, include the name and | 5 | | address of the new
employer. Failure to report new employment | 6 | | or the termination of current
employment, if coupled with | 7 | | nonpayment of support for a period in excess of 60
days, is | 8 | | indirect criminal contempt. For any obligor arrested for | 9 | | failure to
report new employment bond shall be set in the | 10 | | amount of the child support that
should have been paid during | 11 | | the period of unreported employment. An order
entered under | 12 | | this Section shall also include a provision requiring the | 13 | | obligor
and obligee parents to advise each other of a change in | 14 | | residence within 5 days
of the change except when the court | 15 | | finds that the physical, mental, or
emotional health of a party | 16 | | or that of a child, or both, would be
seriously endangered by | 17 | | disclosure of the party's address.
| 18 | | (i) The court does not lose the powers of contempt, | 19 | | driver's license
suspension, or other child support | 20 | | enforcement mechanisms, including, but
not limited to, | 21 | | criminal prosecution as set forth in this Act, upon the
| 22 | | emancipation of the minor child or children.
| 23 | | (Source: P.A. 97-186, eff. 7-22-11; 97-608, eff. 1-1-12; | 24 | | 97-813, eff. 7-13-12; 97-878, eff. 8-2-12; 97-941, eff. 1-1-13; | 25 | | 97-1029, eff. 1-1-13; 98-463, eff. 8-16-13.)
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