Full Text of HB4133 102nd General Assembly
HB4133ham001 102ND GENERAL ASSEMBLY | Rep. Margaret Croke Filed: 1/31/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4133
| 2 | | AMENDMENT NO. ______. Amend House Bill 4133 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Pregnancy Expenses Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Intended parent" has the same meaning as used in Section | 8 | | 10 of the Gestational Surrogacy Act. | 9 | | "Pregnancy expenses" means an amount equal to: | 10 | | (1) the sum of a pregnant mother's: | 11 | | (A) health insurance premiums while pregnant that | 12 | | are not paid by an employer or
government program; and | 13 | | (B) medical costs related to the pregnancy, | 14 | | incurred after the date of conception and
before the | 15 | | pregnancy ends, including any medical costs related to | 16 | | the delivery of the child; minus |
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| 1 | | (2) any portion of the amount described in paragraph | 2 | | (1) that a court determines is
equitable based on the | 3 | | totality of the circumstances, not including any amount | 4 | | paid by the
mother or father of the child. | 5 | | Section 10. Pregnancy expenses. | 6 | | (a) Except as otherwise provided in this Section, a | 7 | | biological father or, if the biological father is a sperm | 8 | | donor and not the intended parent, the other intended parent | 9 | | of a child has a
duty to pay 50% of the mother's pregnancy | 10 | | expenses. If paternity is disputed, a biological father owes | 11 | | no duty under this Section until
the biological father's | 12 | | paternity is established. | 13 | | (b) Any portion of a mother's pregnancy expenses paid by | 14 | | the mother or the
biological father or intended parent reduces | 15 | | that parent's 50% share under subsection (a), not the total | 16 | | amount of
pregnancy expenses. This subsection applies | 17 | | regardless of when the mother or biological father or intended | 18 | | parent pays
the pregnancy expense. | 19 | | (c) This Section does not apply if the court apportions | 20 | | pregnancy expenses under Article 8 of the Illinois Parentage | 21 | | Act of 2015 or Part V of the Illinois Marriage and Dissolution | 22 | | of Marriage Act.
| 23 | | Section 15. Actions seeking payment of pregnancy expenses. | 24 | | (a) An action seeking the payment of pregnancy expenses |
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| 1 | | may be brought during or after the pregnancy. The petitioner | 2 | | is not required to wait until the pregnancy ends to bring an | 3 | | action under this Act. | 4 | | (b) An action seeking the payment of pregnancy expenses | 5 | | shall only be brought by the mother. | 6 | | (c) In an action seeking the payment of pregnancy | 7 | | expenses, the court, in its determination of whether to order | 8 | | a biological father or intended parent to pay pregnancy | 9 | | expenses, shall consider: | 10 | | (1) the income and property of each party; | 11 | | (2) the needs of each party; | 12 | | (3) the realistic present and future earning capacity | 13 | | of each party; | 14 | | (4) any impairment of the present and future earning | 15 | | capacity of the mother seeking pregnancy expenses due to | 16 | | that mother devoting time to domestic duties or having | 17 | | forgone or delayed education, training, employment, or | 18 | | career opportunities due to the pregnancy; and | 19 | | (5) any other factor that the court expressly finds to | 20 | | be just and equitable. | 21 | | (d) In an action seeking the payment of pregnancy | 22 | | expenses, the court, in its discretion, may order the | 23 | | biological father or intended parent to pay more than 50% of | 24 | | the pregnancy expenses. | 25 | | (e) If a person seeks payment of pregnancy expenses under | 26 | | this Act by providing documentation of payments, medical |
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| 1 | | expenses, and insurance premiums, the court may, after review, | 2 | | order the payment of the pregnancy expenses. | 3 | | Section 90. The Illinois Parentage Act of 2015 is amended | 4 | | by changing Section 802 as follows: | 5 | | (750 ILCS 46/802) | 6 | | Sec. 802. Judgment. | 7 | | (a) The court shall issue an order adjudicating whether a | 8 | | person alleged or claiming to be the parent is the parent of | 9 | | the child. An order adjudicating parentage must identify the | 10 | | child by name and date of birth. | 11 | | The court may assess filing fees, reasonable attorney's | 12 | | fees, fees for genetic testing, other costs, necessary travel | 13 | | expenses, and other reasonable expenses incurred in a | 14 | | proceeding under this Act. The court may award attorney's | 15 | | fees, which may be paid directly to the attorney, who may | 16 | | enforce the order in the attorney's own name. The court may not | 17 | | assess fees, costs, or expenses against the | 18 | | support-enforcement agency of this State or another state, | 19 | | except as provided by other law. | 20 | | The judgment shall contain or explicitly reserve | 21 | | provisions concerning any duty and amount of child support and | 22 | | may contain or explicitly reserve provisions concerning the | 23 | | allocation of parental responsibilities or guardianship of the | 24 | | child, parenting time privileges with the child, and the |
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| 1 | | furnishing of bond or other security for the payment of the | 2 | | judgment, which the court shall determine in accordance with | 3 | | the relevant factors set forth in the Illinois Marriage and | 4 | | Dissolution of Marriage Act and any other applicable law of
| 5 | | this State, to guide the court in a finding in the best | 6 | | interests of the child. In determining the allocation of | 7 | | parental responsibilities, relocation, parenting time, | 8 | | parenting time interference, support for a non-minor disabled | 9 | | child, educational expenses for a non-minor child, and related | 10 | | post-judgment issues, the court shall apply the relevant | 11 | | standards of the Illinois Marriage and Dissolution of Marriage | 12 | | Act. Specifically, in determining the amount of a child | 13 | | support award, the court shall use the guidelines and | 14 | | standards set forth in subsection (a) of Section 505 and in | 15 | | Section 505.2 of the Illinois Marriage and Dissolution of | 16 | | Marriage Act.
The court shall order all child support | 17 | | payments, determined in accordance with such guidelines, to | 18 | | commence with the date summons is served. The level of current | 19 | | periodic support payments shall not be reduced because of | 20 | | payments set for the period prior to the date of entry of the | 21 | | support order. | 22 | | (b) In an action brought during a pregnancy or within 2 | 23 | | years after a child's birth, the judgment or order may direct | 24 | | the biological father or intended parent either parent to pay | 25 | | 50% of pregnancy the reasonable expenses , as defined in the | 26 | | Pregnancy Expenses Act, incurred by the mother either parent |
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| 1 | | or the Department of Healthcare and Family Services . However, | 2 | | the court, in its discretion, may direct the biological father | 3 | | or intended parent to pay more than 50% of pregnancy expenses | 4 | | related to the mother's pregnancy and the delivery of the | 5 | | child . | 6 | | (c) In the absence of an explicit order or judgment for the | 7 | | allocation of parental responsibilities, to the extent the | 8 | | court has authority under the Uniform Child-Custody | 9 | | Jurisdiction and Enforcement Act or any other appropriate | 10 | | State law, the establishment of a child support obligation or | 11 | | the allocation of parenting time to one parent shall be | 12 | | construed as an order or judgment allocating all parental | 13 | | responsibilities to the other parent. If the parentage order | 14 | | or judgment contains no such provisions, all parental | 15 | | responsibilities shall be presumed to be allocated to the | 16 | | mother; however, the presumption shall not apply if the child | 17 | | has resided primarily with the other parent for at least 6 | 18 | | months prior to the date that the mother seeks to enforce the | 19 | | order or judgment of parentage. | 20 | | (c-5) Notwithstanding the limitations regarding the | 21 | | establishment of custody under the Uniform Interstate Family | 22 | | Support Act, that Act is not exclusive, and custody/allocation | 23 | | of parental responsibilities may be determined concurrently | 24 | | under other appropriate State laws, where this determination | 25 | | may be validly made. | 26 | | (d) The court, if necessary to protect and promote the |
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| 1 | | best interests of the child, may set aside a portion of the | 2 | | separately held estates of the parties in a separate fund or | 3 | | trust for the support, education, physical and mental health, | 4 | | and general welfare of a minor or mentally or physically | 5 | | disabled child of the parties. | 6 | | (e) The court may order child support payments to be made | 7 | | for a period prior to the commencement of the action. In | 8 | | determining whether and to what extent the payments shall be | 9 | | made for the prior period, the court shall consider all | 10 | | relevant facts, including but not limited to:
| 11 | | (1) The factors for determining the amount of support | 12 | | specified in the Illinois Marriage and Dissolution of | 13 | | Marriage Act. | 14 | | (2) The prior knowledge of the person obligated to pay | 15 | | support of the fact and circumstances of the child's | 16 | | birth.
| 17 | | (3) The father's prior willingness or refusal to help | 18 | | raise or support the child.
| 19 | | (4) The extent to which the mother or the public | 20 | | agency bringing the action previously informed the person | 21 | | obligated to pay support of the child's needs or attempted | 22 | | to seek or require the help of the person obligated to pay | 23 | | support in raising or supporting the child.
| 24 | | (5) The reasons the mother or the public agency did | 25 | | not file the action earlier.
| 26 | | (6) The extent to which the person obligated to pay |
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| 1 | | support would be prejudiced by the delay in bringing the | 2 | | action. | 3 | | For purposes of determining the amount of child support to | 4 | | be paid for the period before the date the order for current | 5 | | child support is entered, there is a rebuttable presumption | 6 | | that the net income of the person obligated to pay support for | 7 | | the prior period was the same as the net income of the person | 8 | | obligated to pay support at the time the order for current | 9 | | child support is entered. | 10 | | If (i) the person obligated to pay support was properly | 11 | | served with a request for discovery of financial information | 12 | | relating to the ability to provide child support of the person | 13 | | obligated to pay support; (ii) the person obligated to pay | 14 | | support failed to comply with the request, despite having been | 15 | | ordered to do so by the court; and (iii) the person obligated | 16 | | to pay support is not present at the hearing to determine | 17 | | support despite having received proper notice, then any | 18 | | relevant financial information concerning the ability to | 19 | | provide child support of the person obligated to pay support | 20 | | that was obtained pursuant to subpoena and proper notice shall | 21 | | be admitted into evidence without the need to establish any | 22 | | further foundation for its admission.
| 23 | | (f) A new or existing support order entered by the court | 24 | | under this Section shall be deemed to be a series of judgments | 25 | | against the person obligated to pay support thereunder, each | 26 | | judgment to be in the amount of each payment or installment of |
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| 1 | | support and each judgment to be deemed entered as of the date | 2 | | the corresponding payment or installment becomes due under the | 3 | | terms of the support order. Each judgment shall have the full | 4 | | force, effect, and attributes of any other judgment of this | 5 | | State, including the ability to be enforced. A judgment under | 6 | | this Section is subject to modification or termination only in | 7 | | accordance with Section 510 of the Illinois Marriage and | 8 | | Dissolution of Marriage Act. Notwithstanding any State or | 9 | | local law to the contrary, a lien arises by operation of law | 10 | | against the real and personal property of the noncustodial | 11 | | parent for each installment of overdue support owed by the | 12 | | noncustodial parent.
| 13 | | (g) If the judgment or order of the court is at variance | 14 | | with the child's birth certificate, the court shall order that | 15 | | a new birth certificate be issued under the Vital Records Act.
| 16 | | (h) On the request of both parents, the court shall order a | 17 | | change in the child's name.
| 18 | | (i) After hearing evidence, the court may stay payment of | 19 | | support during the period of the father's minority or period | 20 | | of disability.
| 21 | | (j) If, upon a showing of proper service, the father fails | 22 | | to appear in court or otherwise appear as provided by law, the | 23 | | court may proceed to hear the cause upon testimony of the | 24 | | mother or other parties taken in open court and shall enter a | 25 | | judgment by default. The court may reserve any order as to the | 26 | | amount of child support until the father has received notice, |
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| 1 | | by regular mail, of a hearing on the matter.
| 2 | | (k) An order for support, when entered or modified, shall | 3 | | include a provision requiring the non-custodial parent to | 4 | | notify the court and, in cases in which a party is receiving | 5 | | child support enforcement services under Article X of the | 6 | | Illinois Public Aid Code, the Department of Healthcare and | 7 | | Family Services, within 7 days: (i) of the name and address of | 8 | | any new employer of the non-custodial parent; (ii) whether the | 9 | | non-custodial parent has access to health insurance coverage | 10 | | through the employer or other group coverage and, if so, of the | 11 | | policy name and number and the names of adults and initials of | 12 | | minors covered under the policy; and (iii) of any new | 13 | | residential or mailing address or telephone number of the | 14 | | non-custodial parent. In a subsequent action to enforce a | 15 | | support order, upon a sufficient showing that a diligent | 16 | | effort has been made to ascertain the location of the | 17 | | non-custodial parent, service of process or provision of | 18 | | notice necessary in the case may be made at the last known | 19 | | address of the non-custodial parent in any manner expressly | 20 | | provided by this Act or the Code of Civil Procedure, and shall | 21 | | be sufficient for purposes of due process.
| 22 | | (l) An order for support shall include a date on which the | 23 | | current support obligation terminates. The termination date | 24 | | shall be no earlier than the date on which the child covered by | 25 | | the order will attain the age of 18. However, if the child will | 26 | | not graduate from high school until after attaining the age of |
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| 1 | | 18, then the termination date shall be no earlier than the | 2 | | earlier of the date on which the child's high school | 3 | | graduation will occur or the date on which the child will | 4 | | attain the age of 19. The order for support shall state that | 5 | | the termination date does not apply to any arrearage that may | 6 | | remain unpaid on that date. Nothing in this subsection shall | 7 | | be construed to prevent the court from modifying the order or | 8 | | terminating the order in the event the child is otherwise | 9 | | emancipated.
| 10 | | (m) If there is an unpaid arrearage or delinquency (as | 11 | | those terms are defined in the Income Withholding for Support | 12 | | Act) equal to at least one month's support obligation on the | 13 | | termination date stated in the order for support or, if there | 14 | | is no termination date stated in the order, on the date the | 15 | | child attains the age of majority or is otherwise emancipated, | 16 | | the periodic amount required to be paid for current support of | 17 | | that child immediately prior to that date shall automatically | 18 | | continue to be an obligation, not as current support but as | 19 | | periodic payment toward satisfaction of the unpaid arrearage | 20 | | or delinquency. The periodic payment shall be in addition to | 21 | | any periodic payment previously required for satisfaction of | 22 | | the arrearage or delinquency. The total periodic amount to be | 23 | | paid toward satisfaction of the arrearage or delinquency may | 24 | | be enforced and collected by any method provided by law for | 25 | | enforcement and collection of child support, including but not | 26 | | limited to income withholding under the Income Withholding for
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| 1 | | Support Act. Each order for support entered or modified must | 2 | | contain a statement notifying the parties of the requirements | 3 | | of this subsection. Failure to include the statement in the | 4 | | order for support does not affect the validity of the order or | 5 | | the operation of the provisions of this subsection with regard | 6 | | to the order. This subsection shall not be construed to | 7 | | prevent or affect the establishment or modification of an | 8 | | order for support of a minor child or the establishment or | 9 | | modification of an order for support of a non-minor child or | 10 | | educational expenses under Section 513 of the Illinois | 11 | | Marriage and Dissolution of Marriage Act.
| 12 | | (n) An order entered under this Section shall include a | 13 | | provision requiring the obligor to report to the obligee and | 14 | | to the clerk of court within 7 days each time the obligor | 15 | | obtains new employment, and each time the obligor's employment | 16 | | is terminated for any reason. The report shall be in writing | 17 | | and shall, in the case of new employment, include the name and | 18 | | address of the new employer. Failure to report new employment | 19 | | or the termination of current employment, if coupled with | 20 | | nonpayment of support for a period in excess of 60 days, is | 21 | | indirect criminal contempt. For an obligor arrested for | 22 | | failure to report new employment, bond shall be set in the | 23 | | amount of the child support that should have been paid during | 24 | | the period of unreported employment. An order entered under | 25 | | this Section shall also include a provision requiring the | 26 | | obligor and obligee parents to advise each other of a change in |
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| 1 | | residence within 5 days of the change except when the court | 2 | | finds that the physical, mental, or emotional health of a | 3 | | party or that of a minor child, or both, would be seriously | 4 | | endangered by disclosure of the party's address.
| 5 | | (Source: P.A. 102-541, eff. 8-20-21.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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