Full Text of SB2289 100th General Assembly
SB2289sam001 100TH GENERAL ASSEMBLY | Sen. Michael E. Hastings Filed: 3/29/2018
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| 1 | | AMENDMENT TO SENATE BILL 2289
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2289 by replacing | 3 | | line 1 of page 22 through line 9 of page 69 with the following:
| 4 | | "Section 10. The Illinois Marriage and Dissolution of | 5 | | Marriage Act is amended by changing Sections 504, 505, and 510 | 6 | | as 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 dissolution of a civil union, or a | 12 | | proceeding for maintenance
following a legal separation or | 13 | | dissolution of the marriage or civil union by a court which | 14 | | lacked personal
jurisdiction over the absent spouse, a | 15 | | proceeding for modification of a previous order for maintenance | 16 | | under Section 510 of this Act, or any proceeding authorized |
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| 1 | | under Section 501 of this Act, the court may grant a | 2 | | maintenance award for either spouse in amounts and for periods | 3 | | of
time as the court deems just, without regard to marital | 4 | | misconduct, and the maintenance may
be paid from the income or | 5 | | property of the other spouse. The court shall first make a | 6 | | finding as to determine whether a maintenance award is | 7 | | appropriate, after consideration
of all relevant factors, | 8 | | including:
| 9 | | (1) the income and property of each party, including | 10 | | marital property
apportioned and non-marital property | 11 | | assigned to the party seeking maintenance as well as all | 12 | | financial obligations imposed on the parties as a result of | 13 | | the dissolution of marriage;
| 14 | | (2) the needs of each party;
| 15 | | (3) the realistic present and future earning capacity | 16 | | of each party;
| 17 | | (4) any impairment of the present and future earning | 18 | | capacity of the
party seeking maintenance due to that party | 19 | | devoting time to domestic
duties or having forgone or | 20 | | delayed education, training,
employment, or
career | 21 | | opportunities due to the marriage;
| 22 | | (5) any impairment of the realistic present or future | 23 | | earning capacity of the party against whom maintenance is | 24 | | sought; | 25 | | (6) the time necessary to enable the party seeking | 26 | | maintenance to
acquire appropriate education, training, |
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| 1 | | and employment, and whether that
party is able to support | 2 | | himself or herself through appropriate employment ;
or | 3 | | (6.1) the effect of any parental responsibility | 4 | | arrangements and its effect on a party's ability to seek or | 5 | | maintain the party seeking employment;
| 6 | | (7) the standard of living established during the | 7 | | marriage;
| 8 | | (8) the duration of the marriage;
| 9 | | (9) the age, health, station, occupation, amount and | 10 | | sources of income, vocational skills, employability, | 11 | | estate, liabilities, and the needs of each of the parties;
| 12 | | (10) all sources of public and private income | 13 | | including, without limitation, disability and retirement | 14 | | income; | 15 | | (11) the tax consequences to each party of the property | 16 | | division upon the respective
economic circumstances of the | 17 | | parties ;
| 18 | | (12) contributions and services by the party seeking | 19 | | maintenance to
the education, training, career or career | 20 | | potential, or license of the
other spouse;
| 21 | | (13) any valid agreement of the parties; and
| 22 | | (14) any other factor that the court expressly finds to | 23 | | be just and
equitable.
| 24 | | (b) (Blank).
| 25 | | (b-1) Amount and duration of maintenance. Unless the court | 26 | | finds that a maintenance award is appropriate, it shall bar |
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| 1 | | maintenance as to the party seeking maintenance regardless of | 2 | | the length of the marriage at the time the action was | 3 | | commenced. Only if If the court finds determines that a | 4 | | maintenance award is appropriate, the court shall order | 5 | | guideline maintenance in accordance with either paragraph (1) | 6 | | or non-guideline maintenance in accordance with paragraph (2) | 7 | | of this subsection (b-1) . If the application of guideline | 8 | | maintenance results in a combined maintenance and child support | 9 | | obligation that exceeds 50% of the payor's net income, the | 10 | | court may determine non-guideline maintenance in accordance | 11 | | with paragraph (2) of this subsection (b-1), non-guideline | 12 | | child support in accordance with paragraph (3.4) of subsection | 13 | | (a) of Section 505, or both. : | 14 | | (1) Maintenance award in accordance with guidelines. | 15 | | If In situations when the combined gross annual income of | 16 | | the parties is less than $500,000 and the payor has no | 17 | | obligation to pay child support or maintenance or both from | 18 | | a prior relationship, maintenance payable after the date | 19 | | the parties' marriage is dissolved shall be in accordance | 20 | | with subparagraphs (A) and (B) of this paragraph (1), | 21 | | unless the court makes a finding that the application of | 22 | | the guidelines would be inappropriate. | 23 | | (A) The amount of maintenance under this paragraph | 24 | | (1) shall be calculated by taking 33 1/3% of the | 25 | | payor's net annual income minus 25% of the payee's net | 26 | | annual income. The amount calculated as maintenance, |
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| 1 | | however, when added to the net income of the payee, | 2 | | shall not result in the payee receiving an amount that | 3 | | is in excess of 40% of the combined net income of the | 4 | | parties. | 5 | | (A-1) Modification of maintenance orders entered | 6 | | before January 1, 2019 that are and continue to be | 7 | | eligible for inclusion in the gross income of the payee | 8 | | for federal income tax purposes and deductible by the | 9 | | payor shall be calculated by taking 30% of the payor's | 10 | | gross annual income minus 20% of the payee's gross | 11 | | annual income, unless both parties expressly provide | 12 | | otherwise in the modification order. The amount | 13 | | calculated as maintenance, however, when added to the | 14 | | gross income of the payee, may not result in the payee | 15 | | receiving an amount that is in excess of 40% of the | 16 | | combined gross income of the parties. The amount of | 17 | | maintenance under this paragraph (1) shall be | 18 | | calculated by taking 30% of the payor's gross annual | 19 | | income minus 20% of the payee's gross annual income. | 20 | | The
amount calculated as maintenance, however, when | 21 | | added to the gross income of the payee, may not result | 22 | | in the payee receiving an amount that is in excess of | 23 | | 40% of the combined gross income
of the parties. | 24 | | (B) The duration of an award under this paragraph | 25 | | (1) shall be calculated by multiplying the length of | 26 | | the marriage at the time the action was commenced by |
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| 1 | | whichever of
the following factors applies: less than 5 | 2 | | years (.20); 5 years or more but less than 6 years | 3 | | (.24); 6 years or more but less than 7
years (.28); 7 | 4 | | years or more but less than 8
years (.32); 8 years or | 5 | | more but less than 9
years (.36); 9 years or more but | 6 | | less than 10 years (.40); 10 years or more but less | 7 | | than 11
years (.44); 11 years or more but less than 12
| 8 | | years (.48); 12 years or more but less than 13
years | 9 | | (.52); 13 years or more but less than 14
years (.56); | 10 | | 14 years or more but less than 15
years (.60); 15 years | 11 | | or more but less than 16
years (.64); 16 years or more | 12 | | but less than 17
years (.68); 17 years or more but less | 13 | | than 18
years (.72); 18 years or more but less than 19
| 14 | | years (.76); 19 years or more but less than 20
years | 15 | | (.80). For a marriage of 20 or more years, the court, | 16 | | in its discretion, shall order maintenance for a period | 17 | | equal to the length of the
marriage or for an | 18 | | indefinite term. | 19 | | (1.5) In the discretion of the court, any term of | 20 | | temporary maintenance paid by court order under pursuant to | 21 | | Section 501 may be a corresponding credit to the duration | 22 | | of maintenance set forth in subparagraph (b-1)(1)(B). | 23 | | (2) Maintenance award not in accordance with | 24 | | guidelines. Any non-guidelines award of maintenance shall | 25 | | be made after the court's consideration of all relevant | 26 | | factors set forth in subsection (a) of this Section. |
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| 1 | | (b-2) Findings. In each case involving the issue of | 2 | | maintenance, the court shall make specific findings of fact, as | 3 | | follows: | 4 | | (1) the court shall state its reasoning for awarding or | 5 | | not awarding maintenance and shall include references to | 6 | | each relevant factor set forth in subsection (a) of this | 7 | | Section; and | 8 | | (2) if the court deviates from otherwise applicable | 9 | | guidelines under paragraph (1) of subsection (b-1), it | 10 | | shall state in its findings the amount of maintenance (if | 11 | | determinable) or duration that would have been required | 12 | | under the guidelines and the reasoning for any variance | 13 | | from the guidelines ; and . | 14 | | (3) the court shall state whether the maintenance is | 15 | | fixed-term, indefinite, reviewable, or reserved by the | 16 | | court. | 17 | | (b-3) Gross income. For purposes of this Section, the term | 18 | | "gross income" means all income from all sources, within the | 19 | | scope of that phrase in Section 505 of this Act , except | 20 | | maintenance payments in the pending proceedings shall not be | 21 | | included . | 22 | | (b-3.5) Net income. As used in this Section, "net income" | 23 | | has the meaning provided in Section 505 of this Act, except | 24 | | maintenance payments in the pending proceedings shall not be | 25 | | included. | 26 | | (b-4) Modification of maintenance orders entered before |
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| 1 | | January 1, 2019. For any order for maintenance or unallocated | 2 | | maintenance and child support entered before January 1, 2019 | 3 | | that is modified after December 31, 2018, payments thereunder | 4 | | shall continue to retain the same tax treatment for federal | 5 | | income tax purposes unless both parties expressly agree | 6 | | otherwise and the agreement is included in the modification | 7 | | order Unallocated maintenance. Unless the parties otherwise | 8 | | agree, the court may not order unallocated maintenance and | 9 | | child support in any dissolution judgment or in any | 10 | | post-dissolution order. In its discretion, the court may order | 11 | | unallocated maintenance and child support in any | 12 | | pre-dissolution temporary order . | 13 | | (b-4.5) Maintenance designation Fixed-term maintenance in | 14 | | marriages of less than 10 years . | 15 | | (1) Fixed-term maintenance. If a court grants | 16 | | maintenance for a fixed term period under subsection (a) of | 17 | | this Section at the conclusion of a case commenced before | 18 | | the tenth anniversary of the marriage , the court shall may | 19 | | also designate the termination of the period during which | 20 | | this maintenance is to be paid . Maintenance is barred after | 21 | | the end of the period during which fixed-term maintenance | 22 | | is to be paid. as a "permanent termination". The effect of | 23 | | this designation is that maintenance is barred after the | 24 | | ending date of the period during which maintenance is to be | 25 | | paid. | 26 | | (2) Indefinite maintenance. If a court grants |
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| 1 | | maintenance for an indefinite term, the court shall not | 2 | | designate a termination date. Indefinite maintenance shall | 3 | | continue until modification or termination under Section | 4 | | 510. | 5 | | (3) Reviewable maintenance. If a court grants | 6 | | maintenance for a specific term with a review, the court | 7 | | shall designate the period of the specific term and state | 8 | | that the maintenance is reviewable. Upon review, the court | 9 | | shall make a finding in accordance with subdivision (b-8) | 10 | | of this Section, unless the maintenance is modified or | 11 | | terminated under Section 510. | 12 | | (b-5) Interest on maintenance. Any maintenance obligation | 13 | | including any unallocated maintenance and child support | 14 | | obligation, or any portion of any support obligation, that | 15 | | becomes due and remains unpaid shall accrue simple interest as | 16 | | set forth in Section 505 of this Act.
| 17 | | (b-7) Maintenance judgments. Any new or existing | 18 | | maintenance order including any unallocated maintenance and | 19 | | child support order entered by the court under this Section | 20 | | shall be deemed to be a series of judgments against the person | 21 | | obligated to pay support thereunder. Each such judgment to be | 22 | | in the amount of each payment or installment of support and | 23 | | each such judgment to be deemed entered as of the date the | 24 | | corresponding payment or installment becomes due under the | 25 | | terms of the support order, except no judgment shall arise as | 26 | | to any installment coming due after the termination of |
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| 1 | | maintenance as provided by Section 510 of the Illinois Marriage | 2 | | and Dissolution of Marriage Act or the provisions of any order | 3 | | for maintenance. Each such judgment shall have the full force, | 4 | | effect and attributes of any other judgment of this State, | 5 | | including the ability to be enforced. Notwithstanding any other | 6 | | State or local law to the contrary, a lien arises by operation | 7 | | of law against the real and personal property of the obligor | 8 | | for each installment of overdue support owed by the obligor. | 9 | | (b-8) Review of maintenance. Upon review of any previously | 10 | | ordered maintenance award, the court may extend maintenance for | 11 | | further review, extend maintenance for a fixed non-modifiable | 12 | | term, extend maintenance for an indefinite term, or permanently | 13 | | terminate maintenance in accordance with subdivision | 14 | | (b-1)(1)(A) of this Section. | 15 | | (c) Maintenance during an appeal. The court may grant and | 16 | | enforce the payment of maintenance during
the pendency of an | 17 | | appeal as the court shall deem reasonable and proper.
| 18 | | (d) Maintenance during imprisonment. No maintenance shall | 19 | | accrue during the period in which a party is
imprisoned for | 20 | | failure to comply with the court's order for the payment of
| 21 | | such maintenance.
| 22 | | (e) Fees when maintenance is paid through the clerk. When | 23 | | maintenance is to be paid through the clerk of the court in a
| 24 | | county of 500,000 1,000,000 inhabitants or less, the order | 25 | | shall direct the obligor
to pay to the clerk, in addition to | 26 | | the maintenance payments, all fees
imposed by the county board |
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| 1 | | under paragraph (4) of subsection (bb) of
Section 27.1a | 2 | | paragraph (3) of subsection (u) of
Section 27.1 of the Clerks | 3 | | of Courts Act. When maintenance is to be paid through the clerk | 4 | | of the court in a
county of more than 500,000 but less than | 5 | | 3,000,000 inhabitants, the order shall direct the obligor
to | 6 | | pay to the clerk, in addition to the maintenance payments, all | 7 | | fees
imposed by the county board under paragraph (4) of | 8 | | subsection (bb) of
Section 27.2 of the Clerks of Courts Act. | 9 | | Unless paid in cash or pursuant
to an order for withholding, | 10 | | the payment of the fee shall be by a separate
instrument from | 11 | | the support payment and shall be made to the order of
the | 12 | | Clerk.
| 13 | | (f) Maintenance secured by life insurance. An award ordered | 14 | | by a court upon entry of a dissolution judgment or upon entry | 15 | | of an award of maintenance following a reservation of | 16 | | maintenance in a dissolution judgment may be reasonably | 17 | | secured, in whole or in part, by life insurance on the
payor's | 18 | | life on terms as to which the parties agree , or, if the parties | 19 | | they do not agree, on such terms determined by the court,
| 20 | | subject to the following: | 21 | | (1) With respect to existing life insurance, provided | 22 | | the court is apprised through evidence,
stipulation, or | 23 | | otherwise as to level of death benefits, premium, and other | 24 | | relevant
data and makes findings relative thereto, the | 25 | | court may allocate death benefits, the right
to assign | 26 | | death benefits, or the obligation for future premium |
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| 1 | | payments between the
parties as it deems just. | 2 | | (2) To the extent the court determines that its award | 3 | | should be secured, in whole or in part,
by new life | 4 | | insurance on the payor's life, the court may only order: | 5 | | (i) that the payor cooperate on all appropriate | 6 | | steps for the payee to obtain
such new life insurance; | 7 | | and | 8 | | (ii) that the payee, at his or her sole option and | 9 | | expense, may obtain such new life
insurance on the | 10 | | payor's life up to a maximum level of death benefit | 11 | | coverage,
or descending death benefit coverage, as is | 12 | | set by the court, such level not to exceed a reasonable
| 13 | | amount in light of the court's award, with the payee or | 14 | | the
payee's designee being the beneficiary of such life | 15 | | insurance. | 16 | | In determining the maximum level of death benefit coverage, | 17 | | the court shall take into account all relevant facts and | 18 | | circumstances, including the impact on access to life | 19 | | insurance by the maintenance payor. If in resolving any | 20 | | issues under paragraph (2) of this subsection (f) a court | 21 | | reviews any submitted or proposed application for new | 22 | | insurance on the life of a maintenance payor, the review | 23 | | shall be in camera. | 24 | | (3) (Blank) A judgment shall expressly set forth that | 25 | | all death benefits paid under life insurance on
a payor's | 26 | | life maintained or obtained pursuant to this subsection to |
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| 1 | | secure
maintenance are designated as excludable from the | 2 | | gross income of the
maintenance payee under Section | 3 | | 71(b)(1)(B) of the Internal Revenue Code, unless an
| 4 | | agreement or stipulation of the parties otherwise | 5 | | provides . | 6 | | (Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17; 100-520, | 7 | | eff. 1-1-18 (see Section 5 of P.A. 100-565 for the effective | 8 | | date of P.A. 100-520).)
| 9 | | (750 ILCS 5/505) (from Ch. 40, par. 505)
| 10 | | Sec. 505. Child support; contempt; penalties.
| 11 | | (a) In a proceeding for dissolution of marriage, legal | 12 | | separation,
declaration of invalidity of marriage, or | 13 | | dissolution of a civil union, a proceeding for child support
| 14 | | following a legal separation or dissolution of the marriage or | 15 | | civil union by a court that lacked personal
jurisdiction over | 16 | | the absent spouse, a proceeding for modification of a
previous | 17 | | order for child support under Section 510 of this Act, or any
| 18 | | proceeding authorized under Section 501 or 601 of this Act, the | 19 | | court may
order either or both parents owing a duty of support | 20 | | to a child of the
marriage or civil union to pay an amount | 21 | | reasonable and necessary for support. The duty of support owed | 22 | | to a child
includes the obligation to provide for the | 23 | | reasonable and necessary physical, mental and emotional health | 24 | | needs of the child.
For purposes of this Section, the term | 25 | | "child" shall include any child under
age 18 and
any child age |
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| 1 | | 19 or younger who is still attending high school. For purposes | 2 | | of this Section, the term "obligor" means the parent obligated | 3 | | 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 ability | 15 | | 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 of | 2 | | 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 child; | 5 | | (B) the financial resources and needs of the | 6 | | parents; | 7 | | (C) the standard of living the child would have | 8 | | enjoyed had the marriage or civil union not been | 9 | | dissolved; and | 10 | | (D) the physical and emotional condition of the | 11 | | child and his or her educational needs. | 12 | | (3) Income. | 13 | | (A) As used in this Section, "gross income" means | 14 | | the total of all income from all sources, except "gross | 15 | | income" does not include (i) benefits received by the | 16 | | parent from means-tested public assistance programs, | 17 | | including, but not limited to, Temporary Assistance | 18 | | for to Needy Families, Supplemental Security Income, | 19 | | and the Supplemental Nutrition Assistance Program or | 20 | | (ii) benefits and income received by the parent for | 21 | | other children in the household, including, but not | 22 | | limited to, child support, survivor benefits, and | 23 | | foster care payments. Social security disability and | 24 | | retirement benefits paid for the benefit of the subject | 25 | | child must be included in the disabled or retired | 26 | | parent's gross income for purposes of calculating the |
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| 1 | | parent's child support obligation, but the parent is | 2 | | entitled to a child support credit for the amount of | 3 | | benefits paid to the other party for the child. "Gross | 4 | | income" also includes spousal maintenance treated as | 5 | | taxable income for federal income tax purposes to the | 6 | | payee and received pursuant to a court order in the | 7 | | pending proceedings or any other proceedings and shall | 8 | | that must be included in the payee's recipient's gross | 9 | | income for purposes of calculating the parent's child | 10 | | 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 unless | 24 | | the court rejects the proposed stipulated method | 25 | | 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 information | 6 | | contained in one or both parties' Supreme Court | 7 | | approved Financial Affidavit (Family & Divorce | 8 | | Cases) and relevant supporting documents under | 9 | | applicable court rules. No party, however, is | 10 | | 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 not |
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| 1 | | shared with the other parent and not subject to the | 2 | | present proceeding, there shall be an adjustment | 3 | | to net income as follows: | 4 | | (i) Multi-family adjustment with court | 5 | | order. The court shall deduct from the parent's | 6 | | net income the amount of child support actually | 7 | | paid by the parent pursuant to a support order | 8 | | unless the court makes a finding that it would | 9 | | cause economic hardship to the child. | 10 | | (ii) Multi-family adjustment without court | 11 | | order. Upon the request or application of a | 12 | | parent actually supporting a presumed, | 13 | | acknowledged, or adjudicated child living in | 14 | | or outside of that parent's household, there | 15 | | shall be an adjustment to child support. The | 16 | | court shall deduct from the parent's net income | 17 | | the amount of financial support actually paid | 18 | | by the parent for the child or 75% of the | 19 | | support the parent should pay under the child | 20 | | support guidelines (before this adjustment), | 21 | | whichever is less, unless the court makes a | 22 | | finding that it would cause economic hardship | 23 | | to the child. The adjustment shall be | 24 | | calculated using that parent's income alone. | 25 | | (II) Spousal Maintenance adjustment. | 26 | | Obligations pursuant to a court order for spousal |
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| 1 | | maintenance in the pending proceeding actually | 2 | | paid or payable to the same party to whom child | 3 | | support is to be payable or actually paid to a | 4 | | former spouse pursuant to a court order shall be | 5 | | deducted from the parent's after-tax income, | 6 | | unless the maintenance obligation is tax | 7 | | deductible to the payor for federal income tax | 8 | | purposes, in which case it shall be deducted from | 9 | | the payor's gross income for purposes of | 10 | | calculating the parent's child support obligation | 11 | | gross income . | 12 | | (3.1) Business income.
For purposes of calculating | 13 | | child support, net business income from the operation of a | 14 | | business means gross receipts minus ordinary and necessary | 15 | | expenses required to carry on the trade or business. As | 16 | | used in this paragraph, "business" includes, but is not | 17 | | limited to, sole proprietorships, closely held | 18 | | corporations, partnerships, other flow-through business | 19 | | entities, and self-employment. The court shall apply the | 20 | | following: | 21 | | (A) The accelerated component of depreciation and | 22 | | any business expenses determined either judicially or | 23 | | administratively to be inappropriate or excessive | 24 | | shall be excluded from the total of ordinary and | 25 | | necessary business expenses to be deducted in the | 26 | | determination of net business income from gross |
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| 1 | | business income. | 2 | | (B) Any item of reimbursement or in-kind payment | 3 | | received by a parent from a business, including, but | 4 | | not limited to, a company car, reimbursed meals, free | 5 | | housing, or a housing allowance, shall be counted as | 6 | | income if not otherwise included in the recipient's | 7 | | gross income, if the item is significant in amount and | 8 | | reduces personal expenses. | 9 | | (3.2) Unemployment or underemployment.
If a parent is | 10 | | voluntarily unemployed or underemployed, child support | 11 | | shall be calculated based on a determination of potential | 12 | | income. A determination of potential income shall be made | 13 | | by determining employment potential and probable earnings | 14 | | level based on the obligor's work history, occupational | 15 | | qualifications, prevailing job opportunities, the | 16 | | ownership by a parent of a substantial non-income producing | 17 | | asset, and earnings levels in the community. If there is | 18 | | insufficient work history to determine employment | 19 | | potential and probable earnings level, there shall be a | 20 | | rebuttable presumption that the parent's potential income | 21 | | is 75% of the most recent United States Department of | 22 | | Health and Human Services Federal Poverty Guidelines for a | 23 | | family of one person. | 24 | | (3.3) Rebuttable presumption in favor of guidelines.
| 25 | | There is a rebuttable presumption in any judicial or | 26 | | administrative proceeding for child support that the |
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| 1 | | amount of the child support obligation that would result | 2 | | from the application of the child support guidelines is the | 3 | | correct amount of child support. | 4 | | (3.3a) Minimum child support obligation. There is a | 5 | | rebuttable presumption that a minimum child support | 6 | | obligation of $40 per month, per child, will be entered for | 7 | | an obligor who has actual or imputed gross income at or | 8 | | less than 75% of the most recent United States Department | 9 | | of Health and Human Services Federal Poverty Guidelines for | 10 | | a family of one person, with a maximum total child support | 11 | | obligation for that obligor of $120 per month to be divided | 12 | | equally among all of the obligor's children. | 13 | | (3.3b) Zero dollar child support order. For parents | 14 | | with no gross income, who receive only means-tested | 15 | | assistance, or who cannot work due to a medically proven | 16 | | disability, incarceration, or institutionalization, there | 17 | | is a rebuttable presumption that the $40 per month minimum | 18 | | support order is inapplicable and a zero dollar order shall | 19 | | be entered. | 20 | | (3.4) Deviation factors.
In any action to establish or | 21 | | modify child support, whether pursuant to a temporary or | 22 | | final administrative or court order, the child support | 23 | | guidelines shall be used as a rebuttable presumption for | 24 | | the establishment or modification of the amount of child | 25 | | support. The court may deviate from the child support | 26 | | guidelines if the application would be inequitable, |
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| 1 | | unjust, or inappropriate. Any deviation from the | 2 | | guidelines shall be accompanied by written findings by the | 3 | | court specifying the reasons for the deviation and the | 4 | | presumed amount under the child support guidelines without | 5 | | a deviation. These reasons may include: | 6 | | (A) extraordinary medical expenditures necessary | 7 | | to preserve the life or health of a party or a child of | 8 | | either or both of the parties; | 9 | | (B) additional expenses incurred for a child | 10 | | subject to the child support order who has special | 11 | | medical, physical, or developmental needs; and | 12 | | (C) any other factor the court determines should be | 13 | | applied upon a finding that the application of the | 14 | | child support guidelines would be inappropriate, after | 15 | | considering the best interest of the child. | 16 | | (3.5) Income in excess of the schedule of basic child | 17 | | support obligation. A court may use its discretion to | 18 | | determine child support if the combined adjusted net income | 19 | | of the parties exceeds the highest level of the schedule of | 20 | | basic child support obligation, except that the basic child | 21 | | support obligation shall not be less than the highest level | 22 | | of combined net income set forth in the schedule of basic | 23 | | child support obligation. | 24 | | (3.6) Extracurricular activities and school expenses.
| 25 | | The court, in its discretion, in addition to the basic | 26 | | child support obligation, may order either or both parents |
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| 1 | | owing a duty of support to the child to contribute to the | 2 | | reasonable school and extracurricular activity expenses | 3 | | incurred which are intended to enhance the educational, | 4 | | athletic, social, or cultural development of the child. | 5 | | (3.7) Child care expenses.
The court, in its | 6 | | discretion, in addition to the basic child support | 7 | | obligation, may order either or both parents owing a duty | 8 | | of support to the child to contribute to the reasonable | 9 | | child care expenses of the child. The child care expenses | 10 | | shall be made payable directly to a party or directly to | 11 | | the child care provider at the time of child care services. | 12 | | (A) "Child care expenses" means actual expenses | 13 | | reasonably necessary to enable a parent or non-parent | 14 | | custodian to be employed, to attend educational or | 15 | | vocational training programs to improve employment | 16 | | opportunities, or to search for employment. "Child | 17 | | care expenses" also includes deposits for securing | 18 | | placement in a child care program, the cost of before | 19 | | and after school care, and camps when school is not in | 20 | | session. A child's special needs shall be a | 21 | | consideration in determining reasonable child care | 22 | | expenses. | 23 | | (B) Child care expenses shall be prorated in | 24 | | proportion to each parent's percentage share of | 25 | | combined net income, and may be added to the basic | 26 | | child support obligation if not paid directly by each |
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| 1 | | parent to the provider of child care services. The | 2 | | obligor's and obligee's portion of actual child care | 3 | | expenses shall appear in the support order. If allowed, | 4 | | the value of the federal income tax credit for child | 5 | | care shall be subtracted from the actual cost to | 6 | | determine the net child care costs. | 7 | | (C) The amount of child care expenses shall be | 8 | | adequate to obtain reasonable and necessary child | 9 | | care. The actual child care expenses shall be used to | 10 | | calculate the child care expenses, if available. When | 11 | | actual child care expenses vary, the actual child care | 12 | | expenses may be averaged over the most recent 12-month | 13 | | period. When a parent is temporarily unemployed or | 14 | | temporarily not attending educational or vocational | 15 | | training programs, future child care expenses shall be | 16 | | based upon prospective expenses to be incurred upon | 17 | | return to employment or educational or vocational | 18 | | training programs. | 19 | | (D) An order for child care expenses may be | 20 | | modified upon a showing of a substantial change in | 21 | | circumstances. The party incurring child care expenses | 22 | | shall notify the other party within 14 days of any | 23 | | change in the amount of child care expenses that would | 24 | | affect the annualized child care amount as determined | 25 | | in the support order. | 26 | | (3.8) Shared physical care. If each parent exercises |
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| 1 | | 146 or more overnights per year with the child, the basic | 2 | | child support obligation is multiplied by 1.5 to calculate | 3 | | the shared care child support obligation. The court shall | 4 | | determine each parent's share of the shared care child | 5 | | support obligation based on the parent's percentage share | 6 | | of combined net income. The child support obligation is | 7 | | then computed for each parent by multiplying that parent's | 8 | | portion of the shared care support obligation by the | 9 | | percentage of time the child spends with the other parent. | 10 | | The respective child support obligations are then offset, | 11 | | with the parent owing more child support paying the | 12 | | difference between the child support amounts. The Illinois | 13 | | Department of Healthcare and Family Services shall | 14 | | promulgate a worksheet to calculate child support in cases | 15 | | in which the parents have shared physical care and use the | 16 | | standardized tax amount to determine net income. | 17 | | (3.9) Split physical care. When
there is more than one | 18 | | child and each parent has physical care of at least one but | 19 | | not all of the children, the support is calculated by using | 20 | | 2 child support worksheets to determine the support each | 21 | | parent owes the other. The support shall be calculated as | 22 | | follows: | 23 | | (A) compute the support the first parent would owe | 24 | | to other parent as if the child in his or her care was | 25 | | the only child of the parties; then | 26 | | (B) compute the support the other parent would owe |
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| 1 | | to the first parent as if the child in his or her care | 2 | | were the only child of the parties; then | 3 | | (C) subtract the lesser support obligation from | 4 | | the greater. | 5 | | The parent who owes the greater obligation shall be | 6 | | ordered to pay the difference in support to the other | 7 | | parent, unless the court determines, pursuant to other | 8 | | provisions of this Section, that it should deviate from the | 9 | | guidelines. | 10 | | (4) Health care. | 11 | | (A) A portion of the basic child support obligation | 12 | | is intended to cover basic ordinary out-of-pocket | 13 | | medical expenses. The court, in its discretion, in | 14 | | addition to the basic child support obligation, shall | 15 | | also provide for the child's current and future medical | 16 | | needs by ordering either or both parents to initiate | 17 | | health insurance coverage for the child through | 18 | | currently effective health insurance policies held by | 19 | | the parent or parents, purchase one or more or all | 20 | | health, dental, or vision insurance policies for the | 21 | | child, or provide for the child's current and future | 22 | | medical needs through some other manner. | 23 | | (B) The court, in its discretion, may order either | 24 | | or both parents to contribute to the reasonable health | 25 | | care needs of the child not covered by insurance, | 26 | | including, but not limited to, unreimbursed medical, |
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| 1 | | dental, orthodontic, or vision expenses and any | 2 | | prescription medication for the child not covered | 3 | | under the child's health insurance. | 4 | | (C) If neither parent has access to appropriate | 5 | | private health insurance coverage, the court may | 6 | | order: | 7 | | (I) one or both parents to provide health | 8 | | insurance coverage at any time it becomes | 9 | | available at a reasonable cost; or | 10 | | (II) the parent or non-parent custodian with | 11 | | primary physical responsibility for the child to | 12 | | apply for public health insurance coverage for the | 13 | | child and require either or both parents to pay a | 14 | | reasonable amount of the cost of health insurance | 15 | | for the child. | 16 | | The order may also provide that any time private | 17 | | health insurance coverage is available at a reasonable | 18 | | cost to that party it will be provided instead of cash | 19 | | medical support. As used in this Section, "cash medical | 20 | | support" means an amount ordered to be paid toward the | 21 | | cost of health insurance provided by a public entity or | 22 | | by another person through employment or otherwise or | 23 | | for other medical costs not covered by insurance. | 24 | | (D) The amount to be added to the basic child | 25 | | support obligation shall be the actual amount of the | 26 | | total health insurance premium that is attributable to |
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| 1 | | the child who is the subject of the order. If this | 2 | | amount is not available or cannot be verified, the | 3 | | total cost of the health insurance premium shall be | 4 | | divided by the total number of persons covered by the | 5 | | policy. The cost per person derived from this | 6 | | calculation shall be multiplied by the number of | 7 | | children who are the subject of the order and who are | 8 | | covered under the health insurance policy. This amount | 9 | | shall be added to the basic child support obligation | 10 | | and shall be allocated between the parents in | 11 | | proportion to their respective net incomes. | 12 | | (E) After the health insurance premium for the | 13 | | child is added to the basic child support obligation | 14 | | and allocated between the parents in proportion to | 15 | | their respective incomes for child support purposes, | 16 | | if the obligor is paying the premium, the amount | 17 | | calculated for the obligee's share of the health | 18 | | insurance premium for the child shall be deducted from | 19 | | the obligor's share of the total child support | 20 | | obligation. If the obligee is paying for private health | 21 | | insurance for the child, the child support obligation | 22 | | shall be increased by the obligor's share of the | 23 | | premium payment. The obligor's and obligee's portion | 24 | | of health insurance costs shall appear in the support | 25 | | order. | 26 | | (F) Prior to allowing the health insurance |
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| 1 | | adjustment, the parent requesting the adjustment must | 2 | | submit proof that the child has been enrolled in a | 3 | | health insurance plan and must submit proof of the cost | 4 | | of the premium. The court shall require the parent | 5 | | receiving the adjustment to annually submit proof of | 6 | | continued coverage of the child to the other parent, or | 7 | | as designated by the court. | 8 | | (G) A reasonable cost for providing health | 9 | | insurance coverage for the child may not exceed 5% of | 10 | | the providing parent's gross income. Parents with a net | 11 | | income below 133% of the most recent United States | 12 | | Department of Health and Human Services Federal | 13 | | Poverty Guidelines or whose child is covered by | 14 | | Medicaid based on that parent's income may not be | 15 | | ordered to contribute toward or provide private | 16 | | coverage, unless private coverage is obtainable | 17 | | without any financial contribution by that parent. | 18 | | (H) If dental or vision insurance is included as | 19 | | part of the employer's medical plan, the coverage shall | 20 | | be maintained for the child. If not included in the | 21 | | employer's medical plan, adding the dental or vision | 22 | | insurance for the child is at the discretion of the | 23 | | court. | 24 | | (I) If a parent has been directed to provide health | 25 | | insurance pursuant to this paragraph and that parent's | 26 | | spouse or legally recognized partner provides the |
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| 1 | | insurance for the benefit of the child either directly | 2 | | or through employment, a credit on the child support | 3 | | worksheet shall be given to that parent in the same | 4 | | manner as if the premium were paid by that parent.
| 5 | | (4.5) In a proceeding for child support following | 6 | | dissolution of the
marriage or civil union by a court that | 7 | | lacked personal jurisdiction over the absent spouse,
and in | 8 | | which the court is requiring payment of support for the | 9 | | period before
the date an order for current support is | 10 | | entered, there is a rebuttable
presumption
that the | 11 | | obligor's net income for the prior period was the same as | 12 | | his
or her net income at the time the order for current | 13 | | support is entered.
| 14 | | (5) If the net income cannot be determined because of | 15 | | default or any
other reason, the court shall order support | 16 | | in an amount considered
reasonable in the particular case. | 17 | | The final order in all cases shall
state the support level | 18 | | in dollar amounts.
However, if the
court finds that the | 19 | | child support amount cannot be expressed exclusively as a
| 20 | | dollar amount because all or a portion of the obligor's net | 21 | | income is uncertain
as to source, time of payment, or | 22 | | amount, the court may order a percentage
amount of support | 23 | | in addition to a specific dollar amount and enter
such | 24 | | other orders as may be necessary to determine and enforce, | 25 | | on a timely
basis, the applicable support ordered.
| 26 | | (6) If (i) the obligor was properly served with a |
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| 1 | | request
for
discovery of financial information relating to | 2 | | the obligor's
ability to
provide child support, (ii) the | 3 | | obligor failed to comply with the
request,
despite having | 4 | | been ordered to do so by the court, and (iii) the obligor | 5 | | is not present at the hearing to determine support despite | 6 | | having
received
proper notice, then any relevant financial | 7 | | information concerning the obligor's
ability to provide | 8 | | child support that was obtained
pursuant to
subpoena and | 9 | | proper notice shall be admitted into evidence without the | 10 | | need to
establish any further foundation for its admission.
| 11 | | (a-5) In an action to enforce an order for child support | 12 | | based on the obligor's
failure
to make support payments as | 13 | | required by the order, notice of proceedings to
hold the | 14 | | obligor in contempt for that failure may be served on the | 15 | | obligor
by personal service or by regular mail addressed to the | 16 | | last known address of the obligor. The last known address of | 17 | | the obligor may be determined from
records of the clerk of the | 18 | | court, from the Federal Case Registry of Child
Support Orders, | 19 | | or by any other reasonable means.
| 20 | | (b) Failure of either parent to comply with an order to pay | 21 | | support shall
be punishable as in other cases of contempt. In | 22 | | addition to other
penalties provided by law the court may, | 23 | | after finding the parent guilty
of contempt, order that the | 24 | | parent be:
| 25 | | (1) placed on probation with such conditions of | 26 | | probation as the court
deems advisable;
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| 1 | | (2) sentenced to periodic imprisonment for a period not | 2 | | to exceed 6
months; provided, however, that the court may | 3 | | permit the parent to be
released for periods of time during | 4 | | the day or night to:
| 5 | | (A) work; or
| 6 | | (B) conduct a business or other self-employed | 7 | | occupation.
| 8 | | The court may further order any part or all of the earnings | 9 | | of a parent
during a sentence of periodic imprisonment paid to | 10 | | the Clerk of the Circuit
Court or to the parent having physical | 11 | | possession of the child or to the non-parent custodian having | 12 | | custody
of the child of the sentenced parent for the support of | 13 | | the child until further order of the court.
| 14 | | If a parent who is found guilty of contempt for failure to | 15 | | comply with an order to pay support is a person who conducts a | 16 | | business or who is self-employed, the court in addition to | 17 | | other penalties provided by law may order that the parent do | 18 | | one or more of the following: (i) provide to the court monthly | 19 | | financial statements showing income and expenses from the | 20 | | business or the self-employment; (ii) seek employment and | 21 | | report periodically to the court with a diary, listing, or | 22 | | other memorandum of his or her employment search efforts; or | 23 | | (iii) report to the Department of Employment Security for job | 24 | | search services to find employment that will be subject to | 25 | | withholding for child support. | 26 | | If there is a unity of interest and ownership sufficient to |
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| 1 | | render no
financial separation between an obligor and another | 2 | | person or
persons or business entity, the court may pierce the | 3 | | ownership veil of the
person, persons, or business entity to | 4 | | discover assets of the obligor held in the name of that person, | 5 | | those persons, or that business entity.
The following | 6 | | circumstances are sufficient to authorize a court to order
| 7 | | discovery of the assets of a person, persons, or business | 8 | | entity and to compel
the application of any discovered assets | 9 | | toward payment on the judgment for
support:
| 10 | | (1) the obligor and the person, persons, or business | 11 | | entity
maintain records together.
| 12 | | (2) the obligor and the person, persons, or business | 13 | | entity
fail to maintain an arm's length relationship | 14 | | between themselves with regard to
any assets.
| 15 | | (3) the obligor transfers assets to the person, | 16 | | persons,
or business entity with the intent to perpetrate a | 17 | | fraud on the obligee.
| 18 | | With respect to assets which
are real property, no order | 19 | | entered under this paragraph shall affect the
rights of bona | 20 | | fide purchasers, mortgagees, judgment creditors, or other lien
| 21 | | holders who acquire their interests in the property prior to | 22 | | the time a notice
of lis pendens pursuant to the Code of Civil | 23 | | Procedure or a copy of the order
is placed of record in the | 24 | | office of the recorder of deeds for the county in
which the | 25 | | real property is located.
| 26 | | The court may also order in cases where the parent is 90 |
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| 1 | | days or more
delinquent in payment of support or has been | 2 | | adjudicated in arrears in an
amount equal to 90 days obligation | 3 | | or more, that the parent's Illinois driving
privileges be | 4 | | suspended until the court
determines that the parent is in | 5 | | compliance with the order of support.
The court may also order | 6 | | that the parent be issued a family financial
responsibility | 7 | | driving permit that would allow limited driving privileges for
| 8 | | employment and medical purposes in accordance with Section | 9 | | 7-702.1 of the
Illinois Vehicle Code. The Clerk of the Circuit | 10 | | Court shall certify the order
suspending the driving privileges | 11 | | of the parent or granting the issuance of a
family financial | 12 | | responsibility driving permit to the Secretary of State on
| 13 | | forms prescribed by the Secretary of State. Upon receipt of the | 14 | | authenticated
documents, the Secretary of State shall suspend | 15 | | the parent's driving privileges
until further order of the | 16 | | court and shall, if ordered by the court, subject to
the | 17 | | provisions of Section 7-702.1 of the Illinois Vehicle Code, | 18 | | issue a family
financial responsibility driving permit to the | 19 | | parent.
| 20 | | In addition to the penalties or punishment that may be | 21 | | imposed under this
Section, any person whose conduct | 22 | | constitutes a violation of Section 15 of the
Non-Support | 23 | | Punishment Act may be prosecuted under that Act, and a person
| 24 | | convicted under that Act may be sentenced in accordance with | 25 | | that Act. The
sentence may include but need not be limited to a | 26 | | requirement that the person
perform community service under |
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| 1 | | Section 50 of that Act or participate in a work
alternative | 2 | | program under Section 50 of that Act. A person may not be | 3 | | required
to participate in a work alternative program under | 4 | | Section 50 of that Act if
the person is currently participating | 5 | | in a work program pursuant to Section
505.1 of this Act.
| 6 | | A support obligation, or any portion of a support | 7 | | obligation, which becomes
due and remains unpaid as of the end | 8 | | of each month, excluding the child support that was due for | 9 | | that month to the extent that it was not paid in that month, | 10 | | shall accrue simple interest as set forth in Section 12-109 of | 11 | | the Code of Civil Procedure.
An order for support entered or | 12 | | modified on or after January 1, 2006 shall
contain a statement | 13 | | that a support obligation required under the order, or any
| 14 | | portion of a support obligation required under the order, that | 15 | | becomes due and
remains unpaid as of the end of each month, | 16 | | excluding the child support that was due for that month to the | 17 | | extent that it was not paid in that month, shall accrue simple | 18 | | interest as set forth in Section 12-109 of the Code of Civil | 19 | | Procedure. Failure to include the statement in the order for | 20 | | support does
not affect the validity of the order or the | 21 | | accrual of interest as provided in
this Section.
| 22 | | (c) A one-time charge of 20% is imposable upon the amount | 23 | | of
past-due child support owed on July 1, 1988 which has | 24 | | accrued under a
support order entered by the court. The charge | 25 | | shall be imposed in
accordance with the provisions of Section | 26 | | 10-21 of the Illinois Public Aid
Code and shall be enforced by |
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| 1 | | the court upon petition.
| 2 | | (d) Any new or existing support order entered by the court
| 3 | | under this Section shall be deemed to be a series of judgments | 4 | | against the
person obligated to pay support thereunder, each | 5 | | such judgment to be in the
amount of each payment or | 6 | | installment of support and each such judgment to
be deemed | 7 | | entered as of the date the corresponding payment or installment
| 8 | | becomes due under the terms of the support order. Each such | 9 | | judgment shall
have the full force, effect and attributes of | 10 | | any other judgment of this
State, including the ability to be | 11 | | enforced.
Notwithstanding any other State or local law to the | 12 | | contrary, a lien arises by operation of law against the real | 13 | | and personal property of
the obligor for each installment of | 14 | | overdue support owed by the obligor.
| 15 | | (e) When child support is to be paid through the Clerk of | 16 | | the Court in a
county of 500,000 1,000,000 inhabitants or less, | 17 | | the order shall direct the obligor to pay to the Clerk, in | 18 | | addition to the child support payments, all fees
imposed by the | 19 | | county board under paragraph (4) of subsection (bb) of
Section | 20 | | 27.1a paragraph (3) of subsection (u) of
Section 27.1 of the | 21 | | Clerks of Courts Act. When child support is to be paid through | 22 | | the clerk of the court in a
county of more than 500,000 but | 23 | | less than 3,000,000 inhabitants, the order shall direct the | 24 | | obligor
to pay to the clerk, in addition to the child support | 25 | | payments, all fees
imposed by the county board under paragraph | 26 | | (4) of subsection (bb) of
Section 27.2 of the Clerks of Courts |
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| 1 | | Act. Unless paid pursuant to
an Income Withholding Order/Notice | 2 | | for Support, the payment of the fee shall be by payment | 3 | | acceptable to the clerk and shall be made to the order of the
| 4 | | Clerk.
| 5 | | (f) All orders for support, when entered or
modified, shall | 6 | | include a provision requiring the obligor to notify
the court | 7 | | and, in cases in which a party is receiving child and spouse
| 8 | | services under Article X of the Illinois Public Aid Code, the
| 9 | | Department of Healthcare and Family Services, within 7 days, | 10 | | (i) of the name and address
of any new employer of the obligor, | 11 | | (ii) whether the obligor has access to
health insurance | 12 | | coverage through the employer or other group coverage and,
if | 13 | | so, the policy name and number and the names of persons covered | 14 | | under
the policy, except only the initials of any covered | 15 | | minors shall be included, and (iii) of any new residential or | 16 | | mailing address or telephone
number of the obligor. In any | 17 | | subsequent action to enforce a
support order, upon a sufficient | 18 | | showing that a diligent effort has been made
to ascertain the | 19 | | location of the obligor, service of process or
provision of | 20 | | notice necessary in the case may be made at the last known
| 21 | | address of the obligor in any manner expressly provided by the
| 22 | | Code of Civil Procedure or this Act, which service shall be | 23 | | sufficient for
purposes of due process.
| 24 | | (g) An order for support shall include a date on which the | 25 | | current
support obligation terminates. The termination date | 26 | | shall be no earlier than
the date on which the child covered by |
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| 1 | | the order will attain the age of
18. However, if the child will | 2 | | not graduate from high school until after
attaining the age of | 3 | | 18, then the termination date shall be no earlier than the
| 4 | | earlier of the date on which the child's high school graduation | 5 | | will occur or
the date on which the child will attain the age | 6 | | of 19. The order for support
shall state that the termination | 7 | | date does not apply to any arrearage that may
remain unpaid on | 8 | | that date. Nothing in this subsection shall be construed to
| 9 | | prevent the court from modifying the order or terminating the | 10 | | order in the
event the child is otherwise emancipated.
| 11 | | (g-5) If there is an unpaid arrearage or delinquency (as | 12 | | those terms are defined in the Income Withholding for Support | 13 | | Act) equal to at least one month's support obligation on the | 14 | | termination date stated in the order for support or, if there | 15 | | is no termination date stated in the order, on the date the | 16 | | child attains the age of majority or is otherwise emancipated, | 17 | | the periodic amount required to be paid for current support of | 18 | | that child immediately prior to that date shall automatically | 19 | | continue to be an obligation, not as current support but as | 20 | | periodic payment toward satisfaction of the unpaid arrearage or | 21 | | delinquency. That periodic payment shall be in addition to any | 22 | | periodic payment previously required for satisfaction of the | 23 | | arrearage or delinquency. The total periodic amount to be paid | 24 | | toward satisfaction of the arrearage or delinquency may be | 25 | | enforced and collected by any method provided by law for | 26 | | enforcement and collection of child support, including but not |
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| 1 | | limited to income withholding under the Income Withholding for | 2 | | Support Act. Each order for support entered or modified on or | 3 | | after January 1, 2005 ( the effective date of Public Act | 4 | | 93-1061) this amendatory Act of the 93rd General Assembly must | 5 | | contain a statement notifying the parties of the requirements | 6 | | of this subsection. Failure to include the statement in the | 7 | | order for support does not affect the validity of the order or | 8 | | the operation of the provisions of this subsection with regard | 9 | | to the order. This subsection shall not be construed to prevent | 10 | | or affect the establishment or modification of an order for | 11 | | support of a minor child or the establishment or modification | 12 | | of an order for support of a non-minor child or educational | 13 | | expenses under Section 513 of this Act.
| 14 | | (h) An order entered under this Section shall include a | 15 | | provision requiring
either parent to report to the other parent | 16 | | and to the Clerk of Court within 10 days each time either | 17 | | parent obtains new employment, and each time either parent's
| 18 | | employment is terminated for any reason. The report shall be in | 19 | | writing and
shall, in the case of new employment, include the | 20 | | name and address of the new
employer. Failure to report new | 21 | | employment or the termination of current
employment, if coupled | 22 | | with nonpayment of support for a period in excess of 60
days, | 23 | | is indirect criminal contempt. For either parent arrested for | 24 | | failure to report new employment bond shall be set in the | 25 | | amount of the child support that should have been paid during | 26 | | the period of unreported employment. An order entered under |
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| 1 | | this Section shall also include a provision requiring either | 2 | | obligor
and obligee to advise the other of a change in | 3 | | residence within 5 days
of the change except when the court | 4 | | finds that the physical, mental, or
emotional health of a party | 5 | | or that of a child, or both, would be
seriously endangered by | 6 | | disclosure of the party's address.
| 7 | | (i) The court does not lose the powers of contempt, | 8 | | driver's license
suspension, or other child support | 9 | | enforcement mechanisms, including, but
not limited to, | 10 | | criminal prosecution as set forth in this Act, upon the
| 11 | | emancipation of the minor child.
| 12 | | (Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17; 99-764, | 13 | | eff. 7-1-17; 100-15, eff. 7-1-17; revised 10-6-17.)
| 14 | | (750 ILCS 5/510) (from Ch. 40, par. 510)
| 15 | | Sec. 510. Modification and termination of provisions for
| 16 | | maintenance, support, educational expenses, and property | 17 | | disposition. | 18 | | (a) Except as otherwise provided in paragraph (f) of | 19 | | Section 502 and
in subsection (b), clause (3) of Section 505.2, | 20 | | the provisions of any
judgment respecting maintenance or | 21 | | support may be modified only as to
installments accruing | 22 | | subsequent to due notice by the moving party of the
filing of | 23 | | the motion for modification. An order for child
support may be | 24 | | modified as follows:
| 25 | | (1) upon a showing of a substantial change in |
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| 1 | | circumstances; and
| 2 | | (2) without the necessity of showing a substantial | 3 | | change in
circumstances, as follows:
| 4 | | (A) upon a showing of an inconsistency of at least | 5 | | 20%, but no
less than $10 per month, between the amount | 6 | | of the existing order and the
amount of child support | 7 | | that results from application of the guidelines
| 8 | | specified in Section 505 of this Act unless the | 9 | | inconsistency is due to the
fact that the amount of the | 10 | | existing order resulted from a deviation from the
| 11 | | guideline amount and there has not been a change in the | 12 | | circumstances that
resulted in that deviation; or
| 13 | | (B) upon a showing of a need to provide for the | 14 | | health care needs
of the child under the order through | 15 | | health insurance or other means. In no
event shall the | 16 | | eligibility for or receipt of medical assistance be | 17 | | considered
to meet the need to provide for the child's | 18 | | health care needs.
| 19 | | The provisions of subparagraph (a)(2)(A) shall apply only
| 20 | | in cases in which a party is receiving child support
| 21 | | enforcement services from the Department of Healthcare and | 22 | | Family Services under
Article X of the Illinois Public Aid | 23 | | Code, and only when at least 36
months have elapsed since the | 24 | | order for child support was entered or last
modified.
| 25 | | The court may grant a petition for modification that seeks | 26 | | to apply the changes made to subsection (a) of Section 505 by |
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| 1 | | Public Act 99-764 to an order entered before the effective date | 2 | | of Public Act 99-764 only upon a finding of a substantial | 3 | | change in circumstances that warrants application of the | 4 | | changes. The enactment of Public Act 99-764 itself does not | 5 | | constitute a substantial change in circumstances warranting a | 6 | | modification. | 7 | | (a-5) An order for maintenance may be modified or | 8 | | terminated only upon a
showing of a substantial change in | 9 | | circumstances. The court may grant a petition for modification | 10 | | that seeks to apply the changes made to Section 504 by this | 11 | | amendatory Act of the 100th General Assembly to an order | 12 | | entered before the effective date of this amendatory Act of the | 13 | | 100th General Assembly only upon a finding of a substantial | 14 | | change in circumstances that warrants application of the | 15 | | changes. The enactment of this amendatory Act of the 100th | 16 | | General Assembly itself does not constitute a substantial | 17 | | change in circumstances warranting a modification. In all such | 18 | | proceedings, as
well as in proceedings in which maintenance is | 19 | | being reviewed, the court shall
consider the applicable factors | 20 | | set forth in subsection (a) of Section 504 and
the following | 21 | | factors:
| 22 | | (1) any change in the employment status of either party | 23 | | and whether the
change has been made
in good faith;
| 24 | | (2) the efforts, if any, made by the party receiving | 25 | | maintenance to become
self-supporting, and
the | 26 | | reasonableness of the efforts where they are appropriate;
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| 1 | | (3) any impairment of the present and future earning | 2 | | capacity of either
party;
| 3 | | (4) the tax consequences of the maintenance payments | 4 | | upon the respective
economic
circumstances of the parties;
| 5 | | (5) the duration of the maintenance payments | 6 | | previously paid (and
remaining to be paid) relative
to the | 7 | | length of the marriage;
| 8 | | (6) the property, including retirement benefits, | 9 | | awarded to each party
under the judgment of
dissolution of | 10 | | marriage, judgment of legal separation, or judgment of
| 11 | | declaration of invalidity of
marriage and the present | 12 | | status of the property;
| 13 | | (7) the increase or decrease in each party's income | 14 | | since the prior
judgment or order from which
a review, | 15 | | modification, or termination is being sought;
| 16 | | (8) the property acquired and currently owned by each | 17 | | party after the
entry of the judgment of
dissolution of | 18 | | marriage, judgment of legal separation, or judgment of
| 19 | | declaration of invalidity of
marriage; and
| 20 | | (9) any other factor that the court expressly finds to | 21 | | be just and
equitable.
| 22 | | (a-6) (Blank) In a review under subsection (b-4.5) of | 23 | | Section 504 of this Act, the court may enter a fixed-term | 24 | | maintenance award that bars future maintenance only if, at the | 25 | | time of the entry of the award, the marriage had lasted 10 | 26 | | years or less at the time the original action was commenced . |
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| 1 | | (b) The provisions as to property disposition may not be | 2 | | revoked or
modified,
unless the court finds the existence of | 3 | | conditions that justify the
reopening of a judgment under the | 4 | | laws of this State.
| 5 | | (c) Unless otherwise agreed by the parties in a written | 6 | | agreement
set forth in the judgment or otherwise approved by | 7 | | the court, the obligation
to pay future maintenance is | 8 | | terminated upon the death of either party, or
the remarriage of | 9 | | the party receiving maintenance, or if the party
receiving | 10 | | maintenance cohabits with another person on a resident,
| 11 | | continuing conjugal basis. An obligor's obligation to pay | 12 | | maintenance or unallocated maintenance terminates by operation | 13 | | of law on the date the obligee remarries or the date the court | 14 | | finds cohabitation began. The obligor is entitled to | 15 | | reimbursement for all maintenance paid from that date forward. | 16 | | Any termination of an obligation for maintenance as a result of | 17 | | the death of the obligor, however, shall be inapplicable to any | 18 | | right of the other party or such other party's designee to | 19 | | receive a death benefit under such insurance on the obligor's | 20 | | life. An obligee must advise the obligor of his or her | 21 | | intention to marry at least 30 days before the remarriage, | 22 | | unless the decision is made within this time period. In that | 23 | | event, he or she must notify the obligor within 72 hours of | 24 | | getting married. | 25 | | (c-5) In an adjudicated case, the court shall make specific | 26 | | factual findings as to the reason for the modification as well |
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| 1 | | as the amount, nature, and duration of the modified maintenance | 2 | | award.
| 3 | | (d) Unless otherwise provided in this Act, or as agreed in | 4 | | writing or
expressly
provided in the
judgment, provisions for | 5 | | the support of a child are terminated by emancipation
of the
| 6 | | child, or if the child has attained the age of 18 and is still | 7 | | attending
high school,
provisions for the support of the child | 8 | | are terminated upon the date that the
child
graduates from high | 9 | | school or the date the child attains the age of 19,
whichever | 10 | | is
earlier, but not by the death of a parent obligated to | 11 | | support or educate the
child.
An existing obligation to pay for | 12 | | support
or educational expenses, or both, is not terminated by | 13 | | the death of a
parent. When a parent obligated to pay support | 14 | | or educational
expenses, or both, dies, the amount of support | 15 | | or educational expenses, or
both, may be enforced, modified, | 16 | | revoked or commuted to a lump sum payment,
as equity may | 17 | | require, and that determination may be provided for at the
time | 18 | | of the dissolution of the marriage or thereafter.
| 19 | | (e) The right to petition for support or educational | 20 | | expenses, or both,
under Sections 505, 513, and 513.5 is not | 21 | | extinguished by the death of a parent.
Upon a petition filed | 22 | | before or after a parent's death, the court may award
sums of | 23 | | money out of the decedent's estate for the child's support or
| 24 | | educational expenses, or both, as equity may require. The time | 25 | | within
which a claim may be filed against the estate of a | 26 | | decedent under Sections
505 and 513 and subsection (d) and this |
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| 1 | | subsection shall be governed by the
provisions of the Probate | 2 | | Act of 1975, as a barrable, noncontingent claim.
| 3 | | (f) A petition to modify or terminate child support or the | 4 | | allocation of parental responsibilities, including parenting | 5 | | time, shall not delay any child support enforcement litigation | 6 | | or
supplementary proceeding on behalf of the obligee, | 7 | | including, but not limited
to, a petition for a rule to show | 8 | | cause, for non-wage garnishment, or for a
restraining order.
| 9 | | (Source: P.A. 99-90, eff. 1-1-16; 99-764, eff. 7-1-17; 100-15, | 10 | | eff. 7-1-17; 100-201, eff. 8-18-17.)"; and
| 11 | | on page 93, by inserting immediately below line 13 the | 12 | | following: | 13 | | "Section 99. Effective date. This Act takes effect January | 14 | | 1, 2019.".
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