Illinois General Assembly - Full Text of SB0178
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Full Text of SB0178  103rd General Assembly


Sen. Laura M. Murphy

Filed: 3/1/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 178 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Marriage and Dissolution of
5Marriage Act is amended by changing Section 505 as follows:
6    (750 ILCS 5/505)  (from Ch. 40, par. 505)
7    Sec. 505. Child support; contempt; penalties.
8    (a) In a proceeding for dissolution of marriage, legal
9separation, declaration of invalidity of marriage, or
10dissolution of a civil union, a proceeding for child support
11following a legal separation or dissolution of the marriage or
12civil union by a court that lacked personal jurisdiction over
13the absent spouse, a proceeding for modification of a previous
14order for child support under Section 510 of this Act, or any
15proceeding authorized under Section 501 or 601 of this Act,
16the court may order either or both parents owing a duty of



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1support to a child of the marriage or civil union to pay an
2amount reasonable and necessary for support. The duty of
3support owed to a child includes the obligation to provide for
4the reasonable and necessary physical, mental and emotional
5health needs of the child. For purposes of this Section, the
6term "child" shall include any child under age 18 and any child
7age 19 or younger who is still attending high school. For
8purposes of this Section, the term "obligor" means the parent
9obligated to pay support to the other parent.
10        (1) Child support guidelines. The Illinois Department
11    of Healthcare and Family Services shall adopt rules
12    establishing child support guidelines which include
13    worksheets to aid in the calculation of the child support
14    obligations and a schedule of basic child support
15    obligations that reflects the percentage of combined net
16    income that parents living in the same household in this
17    State ordinarily spend on their child. The child support
18    guidelines have the following purposes:
19            (A) to establish as State policy an adequate
20        standard of support for a child, subject to the
21        ability of parents to pay;
22            (B) to make child support obligations more
23        equitable by ensuring more consistent treatment of
24        parents in similar circumstances;
25            (C) to improve the efficiency of the court process
26        by promoting settlements and giving courts and the



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1        parties guidance in establishing levels of child
2        support;
3            (D) to calculate child support based upon the
4        parents' combined net income estimated to have been
5        allocated for the support of the child if the parents
6        and child were living in an intact household;
7            (E) to adjust child support based upon the needs
8        of the child; and
9            (F) to allocate the amount of child support to be
10        paid by each parent based upon a parent's net income
11        and the child's physical care arrangements.
12        (1.5) Computation of basic child support obligation.
13    The court shall compute the basic child support obligation
14    by taking the following steps:
15            (A) determine each parent's monthly net income;
16            (B) add the parents' monthly net incomes together
17        to determine the combined monthly net income of the
18        parents;
19            (C) select the corresponding appropriate amount
20        from the schedule of basic child support obligations
21        based on the parties' combined monthly net income and
22        number of children of the parties; and
23            (D) calculate each parent's percentage share of
24        the basic child support obligation.
25        Although a monetary obligation is computed for each
26    parent as child support, the receiving parent's share is



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1    not payable to the other parent and is presumed to be spent
2    directly on the child.
3        (2) Duty of support. The court shall determine child
4    support in each case by applying the child support
5    guidelines unless the court makes a finding that
6    application of the guidelines would be inappropriate,
7    after considering the best interests of the child and
8    evidence which shows relevant factors including, but not
9    limited to, one or more of the following:
10            (A) the financial resources and needs of the
11        child;
12            (B) the financial resources and needs of the
13        parents;
14            (C) the standard of living the child would have
15        enjoyed had the marriage or civil union not been
16        dissolved; and
17            (D) the physical and emotional condition of the
18        child and his or her educational needs.
19        (2.5) Notice from the court. Whenever the court enters
20    an order for child support, the court shall verbally
21    provide notice to the obligor of (i) the obligor's
22    existing and ongoing obligations to make payment to the
23    obligee, (ii) the obligor's ability to request a
24    modification of the order, and (iii) the possible
25    penalties that may be incurred if the obligor falls into
26    arrears. Nothing in this paragraph shall require the



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1    obligor to begin child support payments at the time the
2    obligor receives the verbal notice. An obligor shall only
3    be considered in arrears after the first child support
4    payment is due, whether by wage garnishment or other
5    agreed upon method in the order.
6        (3) Income.
7            (A) As used in this Section, "gross income" means
8        the total of all income from all sources, except
9        "gross income" does not include (i) benefits received
10        by the parent from means-tested public assistance
11        programs, including, but not limited to, Temporary
12        Assistance for Needy Families, Supplemental Security
13        Income, and the Supplemental Nutrition Assistance
14        Program or (ii) benefits and income received by the
15        parent for other children in the household, including,
16        but not limited to, child support, survivor benefits,
17        and foster care payments. Social security disability
18        and retirement benefits paid for the benefit of the
19        subject child must be included in the disabled or
20        retired parent's gross income for purposes of
21        calculating the parent's child support obligation, but
22        the parent is entitled to a child support credit for
23        the amount of benefits paid to the other party for the
24        child. "Gross income" includes maintenance treated as
25        taxable income for federal income tax purposes to the
26        payee and received pursuant to a court order in the



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1        pending proceedings or any other proceedings and shall
2        be included in the payee's gross income for purposes
3        of calculating the parent's child support obligation.
4            (B) As used in this Section, "net income" means
5        gross income minus either the standardized tax amount
6        calculated pursuant to subparagraph (C) of this
7        paragraph (3) or the individualized tax amount
8        calculated pursuant to subparagraph (D) of this
9        paragraph (3), and minus any adjustments pursuant to
10        subparagraph (F) of this paragraph (3). The
11        standardized tax amount shall be used unless the
12        requirements for an individualized tax amount set
13        forth in subparagraph (E) of this paragraph (3) are
14        met. "Net income" includes maintenance not includable
15        in the gross taxable income of the payee for federal
16        income tax purposes under a court order in the pending
17        proceedings or any other proceedings and shall be
18        included in the payee's net income for purposes of
19        calculating the parent's child support obligation.
20            (C) As used in this Section, "standardized tax
21        amount" means the total of federal and state income
22        taxes for a single person claiming the standard tax
23        deduction, one personal exemption, and the applicable
24        number of dependency exemptions for the minor child or
25        children of the parties, and Social Security and
26        Medicare tax calculated at the Federal Insurance



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



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1        this subparagraph (E), all relevant tax attributes
2        (including filing status, allocation of dependency
3        exemptions, and whether a party is to claim the use of
4        the standard deduction or itemized deductions for
5        federal income tax purposes) shall be as the parties
6        agree or as the court determines. To determine a
7        party's reported income, the court may order the party
8        to complete an Internal Revenue Service Form 4506-T,
9        Request for Tax Transcript.
10                (I) Agreement. Irrespective of whether the
11            parties agree on any other issue before the court,
12            if they jointly stipulate for the record their
13            concurrence on a computation method for the
14            individualized tax amount that is different from
15            the method set forth under subparagraph (D), the
16            stipulated method shall be used by the court
17            unless the court rejects the proposed stipulated
18            method for good cause.
19                (II) Summary hearing. If the court determines
20            child support in a summary hearing under Section
21            501 and an eligible party opts in to the
22            individualized tax amount method under this item
23            (II), the individualized tax amount shall be
24            determined by the court on the basis of
25            information contained in one or both parties'
26            Supreme Court approved Financial Affidavit (Family &



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



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1                to a support order unless the court makes a
2                finding that it would cause economic hardship
3                to the child.
4                    (ii) Multi-family adjustment without court
5                order. Upon the request or application of a
6                parent actually supporting a presumed,
7                acknowledged, or adjudicated child living in
8                or outside of that parent's household, there
9                shall be an adjustment to child support. The
10                court shall deduct from the parent's net
11                income the amount of financial support
12                actually paid by the parent for the child or
13                75% of the support the parent should pay under
14                the child support guidelines (before this
15                adjustment), whichever is less, unless the
16                court makes a finding that it would cause
17                economic hardship to the child. The adjustment
18                shall be calculated using that parent's income
19                alone.
20                (II) Spousal Maintenance adjustment.
21            Obligations pursuant to a court order for spousal
22            maintenance in the pending proceeding actually
23            paid or payable to the same party to whom child
24            support is to be payable or actually paid to a
25            former spouse pursuant to a court order shall be
26            deducted from the parent's after-tax income,



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1            unless the maintenance obligation is tax
2            deductible to the payor for federal income tax
3            purposes, in which case it shall be deducted from
4            the payor's gross income for purposes of
5            calculating the parent's child support obligation.
6        (3.1) Business income. For purposes of calculating
7    child support, net business income from the operation of a
8    business means gross receipts minus ordinary and necessary
9    expenses required to carry on the trade or business. As
10    used in this paragraph, "business" includes, but is not
11    limited to, sole proprietorships, closely held
12    corporations, partnerships, other flow-through business
13    entities, and self-employment. The court shall apply the
14    following:
15            (A) The accelerated component of depreciation and
16        any business expenses determined either judicially or
17        administratively to be inappropriate or excessive
18        shall be excluded from the total of ordinary and
19        necessary business expenses to be deducted in the
20        determination of net business income from gross
21        business income.
22            (B) Any item of reimbursement or in-kind payment
23        received by a parent from a business, including, but
24        not limited to, a company car, reimbursed meals, free
25        housing, or a housing allowance, shall be counted as
26        income if not otherwise included in the recipient's



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1        gross income, if the item is significant in amount and
2        reduces personal expenses.
3        (3.2) Unemployment or underemployment. If a parent is
4    voluntarily unemployed or underemployed, child support
5    shall be calculated based on a determination of potential
6    income. A determination of potential income shall be made
7    by determining employment potential and probable earnings
8    level based on the obligor's work history, occupational
9    qualifications, prevailing job opportunities, the
10    ownership by a parent of a substantial non-income
11    producing asset, and earnings levels in the community. If
12    there is insufficient work history to determine employment
13    potential and probable earnings level, there shall be a
14    rebuttable presumption that the parent's potential income
15    is 75% of the most recent United States Department of
16    Health and Human Services Federal Poverty Guidelines for a
17    family of one person.
18        (3.3) Rebuttable presumption in favor of guidelines.
19    There is a rebuttable presumption in any judicial or
20    administrative proceeding for child support that the
21    amount of the child support obligation that would result
22    from the application of the child support guidelines is
23    the correct amount of child support.
24        (3.3a) Minimum child support obligation. There is a
25    rebuttable presumption that a minimum child support
26    obligation of $40 per month, per child, will be entered



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1    for an obligor who has actual or imputed gross income at or
2    less than 75% of the most recent United States Department
3    of Health and Human Services Federal Poverty Guidelines
4    for a family of one person, with a maximum total child
5    support obligation for that obligor of $120 per month to
6    be divided equally among all of the obligor's children.
7        (3.3b) Zero dollar child support order. For parents
8    with no gross income, who receive only means-tested
9    assistance, or who cannot work due to a medically proven
10    disability, incarceration, or institutionalization, there
11    is a rebuttable presumption that the $40 per month minimum
12    support order is inapplicable and a zero dollar order
13    shall be entered.
14        (3.4) Deviation factors. In any action to establish or
15    modify child support, whether pursuant to a temporary or
16    final administrative or court order, the child support
17    guidelines shall be used as a rebuttable presumption for
18    the establishment or modification of the amount of child
19    support. The court may deviate from the child support
20    guidelines if the application would be inequitable,
21    unjust, or inappropriate. Any deviation from the
22    guidelines shall be accompanied by written findings by the
23    court specifying the reasons for the deviation and the
24    presumed amount under the child support guidelines without
25    a deviation. These reasons may include:
26            (A) extraordinary medical expenditures necessary



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1        to preserve the life or health of a party or a child of
2        either or both of the parties;
3            (B) additional expenses incurred for a child
4        subject to the child support order who has special
5        medical, physical, or developmental needs; and
6            (C) any other factor the court determines should
7        be applied upon a finding that the application of the
8        child support guidelines would be inappropriate, after
9        considering the best interest of the child.
10        (3.5) Income in excess of the schedule of basic child
11    support obligation. A court may use its discretion to
12    determine child support if the combined adjusted net
13    income of the parties exceeds the highest level of the
14    schedule of basic child support obligation, except that
15    the basic child support obligation shall not be less than
16    the highest level of combined net income set forth in the
17    schedule of basic child support obligation.
18        (3.6) Extracurricular activities and school expenses.
19    The court, in its discretion, in addition to the basic
20    child support obligation, may order either or both parents
21    owing a duty of support to the child to contribute to the
22    reasonable school and extracurricular activity expenses
23    incurred which are intended to enhance the educational,
24    athletic, social, or cultural development of the child.
25        (3.7) Child care expenses. The court, in its
26    discretion, in addition to the basic child support



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1    obligation, may order either or both parents owing a duty
2    of support to the child to contribute to the reasonable
3    child care expenses of the child. The child care expenses
4    shall be made payable directly to a party or directly to
5    the child care provider at the time of child care
6    services.
7            (A) "Child care expenses" means actual expenses
8        reasonably necessary to enable a parent or non-parent
9        custodian to be employed, to attend educational or
10        vocational training programs to improve employment
11        opportunities, or to search for employment. "Child
12        care expenses" also includes deposits for securing
13        placement in a child care program, the cost of before
14        and after school care, and camps when school is not in
15        session. A child's special needs shall be a
16        consideration in determining reasonable child care
17        expenses.
18            (B) Child care expenses shall be prorated in
19        proportion to each parent's percentage share of
20        combined net income, and may be added to the basic
21        child support obligation if not paid directly by each
22        parent to the provider of child care services. The
23        obligor's and obligee's portion of actual child care
24        expenses shall appear in the support order. If
25        allowed, the value of the federal income tax credit
26        for child care shall be subtracted from the actual



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1        cost to determine the net child care costs.
2            (C) The amount of child care expenses shall be
3        adequate to obtain reasonable and necessary child
4        care. The actual child care expenses shall be used to
5        calculate the child care expenses, if available. When
6        actual child care expenses vary, the actual child care
7        expenses may be averaged over the most recent 12-month
8        period. When a parent is temporarily unemployed or
9        temporarily not attending educational or vocational
10        training programs, future child care expenses shall be
11        based upon prospective expenses to be incurred upon
12        return to employment or educational or vocational
13        training programs.
14            (D) An order for child care expenses may be
15        modified upon a showing of a substantial change in
16        circumstances. The party incurring child care expenses
17        shall notify the other party within 14 days of any
18        change in the amount of child care expenses that would
19        affect the annualized child care amount as determined
20        in the support order.
21        (3.8) Shared physical care. If each parent exercises
22    146 or more overnights per year with the child, the basic
23    child support obligation is multiplied by 1.5 to calculate
24    the shared care child support obligation. The court shall
25    determine each parent's share of the shared care child
26    support obligation based on the parent's percentage share



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



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1    ordered to pay the difference in support to the other
2    parent, unless the court determines, pursuant to other
3    provisions of this Section, that it should deviate from
4    the guidelines.
5        (4) Health care to be addressed by the court.
6            (A) A portion of the basic child support
7        obligation is intended to cover basic ordinary
8        out-of-pocket medical expenses. The court, in its
9        discretion, in addition to the basic child support
10        obligation, shall also provide for the child's current
11        and future medical needs by ordering either or both
12        parents to initiate health insurance coverage for the
13        child through currently effective health insurance
14        policies held by the parent or parents, purchase one
15        or more or all health, dental, or vision insurance
16        policies for the child, or provide for the child's
17        current and future medical needs through some other
18        manner.
19            (B) The court, in its discretion, may order either
20        or both parents to contribute to the reasonable health
21        care needs of the child not covered by insurance,
22        including, but not limited to, unreimbursed medical,
23        dental, orthodontic, or vision expenses and any
24        prescription medication for the child not covered
25        under the child's health insurance.
26            (C) If neither parent has access to appropriate



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1        private health insurance coverage, the court may
2        order:
3                (I) one or both parents to provide health
4            insurance coverage at any time it becomes
5            available at a reasonable cost; or
6                (II) the parent or non-parent custodian with
7            primary physical responsibility for the child to
8            apply for public health insurance coverage for the
9            child and require either or both parents to pay a
10            reasonable amount of the cost of health insurance
11            for the child.
12            The order may also provide that any time private
13        health insurance coverage is available at a reasonable
14        cost to that party it will be provided instead of cash
15        medical support. As used in this Section, "cash
16        medical support" means an amount ordered to be paid
17        toward the cost of health insurance provided by a
18        public entity or by another person through employment
19        or otherwise or for other medical costs not covered by
20        insurance.
21            (D) The amount to be added to the basic child
22        support obligation shall be the actual amount of the
23        total health insurance premium that is attributable to
24        the child who is the subject of the order. If this
25        amount is not available or cannot be verified, the
26        total cost of the health insurance premium shall be



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1        divided by the total number of persons covered by the
2        policy. The cost per person derived from this
3        calculation shall be multiplied by the number of
4        children who are the subject of the order and who are
5        covered under the health insurance policy. This amount
6        shall be added to the basic child support obligation
7        and shall be allocated between the parents in
8        proportion to their respective net incomes.
9            (E) After the health insurance premium for the
10        child is added to the basic child support obligation
11        and allocated between the parents in proportion to
12        their respective incomes for child support purposes,
13        if the obligor is paying the premium, the amount
14        calculated for the obligee's share of the health
15        insurance premium for the child shall be deducted from
16        the obligor's share of the total child support
17        obligation. If the obligee is paying for private
18        health insurance for the child, the child support
19        obligation shall be increased by the obligor's share
20        of the premium payment. The obligor's and obligee's
21        portion of health insurance costs shall appear in the
22        support order.
23            (F) Prior to allowing the health insurance
24        adjustment, the parent requesting the adjustment must
25        submit proof that the child has been enrolled in a
26        health insurance plan and must submit proof of the



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1        cost of the premium. The court shall require the
2        parent receiving the adjustment to annually submit
3        proof of continued coverage of the child to the other
4        parent, or as designated by the court.
5            (G) A reasonable cost for providing health
6        insurance coverage for the child may not exceed 5% of
7        the providing parent's gross income. Parents with a
8        net income below 133% of the most recent United States
9        Department of Health and Human Services Federal
10        Poverty Guidelines or whose child is covered by
11        Medicaid based on that parent's income may not be
12        ordered to contribute toward or provide private
13        coverage, unless private coverage is obtainable
14        without any financial contribution by that parent.
15            (H) If dental or vision insurance is included as
16        part of the employer's medical plan, the coverage
17        shall be maintained for the child. If not included in
18        the employer's medical plan, adding the dental or
19        vision insurance for the child is at the discretion of
20        the court.
21            (I) If a parent has been directed to provide
22        health insurance pursuant to this paragraph and that
23        parent's spouse or legally recognized partner provides
24        the insurance for the benefit of the child either
25        directly or through employment, a credit on the child
26        support worksheet shall be given to that parent in the



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1        same manner as if the premium were paid by that parent.
2        (4.5) In a proceeding for child support following
3    dissolution of the marriage or civil union by a court that
4    lacked personal jurisdiction over the absent spouse, and
5    in which the court is requiring payment of support for the
6    period before the date an order for current support is
7    entered, there is a rebuttable presumption that the
8    obligor's net income for the prior period was the same as
9    his or her net income at the time the order for current
10    support is entered.
11        (5) If the net income cannot be determined because of
12    default or any other reason, the court shall order support
13    in an amount considered reasonable in the particular case.
14    The final order in all cases shall state the support level
15    in dollar amounts. However, if the court finds that the
16    child support amount cannot be expressed exclusively as a
17    dollar amount because all or a portion of the obligor's
18    net income is uncertain as to source, time of payment, or
19    amount, the court may order a percentage amount of support
20    in addition to a specific dollar amount and enter such
21    other orders as may be necessary to determine and enforce,
22    on a timely basis, the applicable support ordered.
23        (6) If (i) the obligor was properly served with a
24    request for discovery of financial information relating to
25    the obligor's ability to provide child support, (ii) the
26    obligor failed to comply with the request, despite having



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1    been ordered to do so by the court, and (iii) the obligor
2    is not present at the hearing to determine support despite
3    having received proper notice, then any relevant financial
4    information concerning the obligor's ability to provide
5    child support that was obtained pursuant to subpoena and
6    proper notice shall be admitted into evidence without the
7    need to establish any further foundation for its
8    admission.
9    (a-3) Life insurance to secure support. At the discretion
10of the court, a child support obligation pursuant to this
11Section and Sections 510, 513, and 513.5 of this Act may be
12secured, in whole or in part, by reasonably affordable life
13insurance on the life of one or both parents on such terms as
14the parties agree or as the court orders. The court may require
15such insurance remain in full force and effect until the
16termination of all obligations of support, subject to the
18        (1) Existing life insurance. The court shall be
19    apprised through evidence, stipulation, or otherwise as to
20    the level, ownership, and type of existing life insurance
21    death benefit coverage available to one or both parents,
22    the cost of the premiums, cost ratings, and escalations
23    and assignment of the policy, if applicable, and all other
24    relevant circumstances. The court shall make findings
25    relative thereto.
26        (2) New life insurance. The court shall be apprised



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1    through evidence, stipulation, or otherwise as to the
2    availability of obtaining reasonably affordable new life
3    insurance. To the extent the court determines that the
4    support obligations should be secured, in whole or in
5    part, by new life insurance on the life of one or both
6    parents, the court may order that one or both parents
7    comply with all requirements to obtain such new life
8    insurance through employment, trade union, fraternal
9    organizations, associations, or individual means.
10        In determining the level and type of death benefits
11    coverage to be obtained by a parent, the court shall
12    consider access and availability of life insurance to that
13    parent, the cost of the premium, cost ratings, and
14    escalations, if applicable, and all other relevant
15    circumstances.
16        (3) Other security. If life insurance is unavailable
17    to a parent, the court, in its discretion, or as agreed to
18    by the parties, may order other equitable and reasonable
19    means to secure a child support obligation.
20    (a-5) In an action to enforce an order for child support
21based on the obligor's failure to make support payments as
22required by the order, notice of proceedings to hold the
23obligor in contempt for that failure may be served on the
24obligor by personal service or by regular mail addressed to
25the last known address of the obligor. The last known address
26of the obligor may be determined from records of the clerk of



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



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



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1    With respect to assets which are real property, no order
2entered under this paragraph shall affect the rights of bona
3fide purchasers, mortgagees, judgment creditors, or other lien
4holders who acquire their interests in the property prior to
5the time a notice of lis pendens pursuant to the Code of Civil
6Procedure or a copy of the order is placed of record in the
7office of the recorder of deeds for the county in which the
8real property is located.
9    The court may also order in cases where the parent is 90
10days or more delinquent in payment of support or has been
11adjudicated in arrears in an amount equal to 90 days
12obligation or more, that the parent's Illinois driving
13privileges be suspended until the court determines that the
14parent is in compliance with the order of support. The court
15may also order that the parent be issued a family financial
16responsibility driving permit that would allow limited driving
17privileges for employment and medical purposes in accordance
18with Section 7-702.1 of the Illinois Vehicle Code. The Clerk
19of the Circuit Court shall certify the order suspending the
20driving privileges of the parent or granting the issuance of a
21family financial responsibility driving permit to the
22Secretary of State on forms prescribed by the Secretary of
23State. Upon receipt of the authenticated documents, the
24Secretary of State shall suspend the parent's driving
25privileges until further order of the court and shall, if
26ordered by the court, subject to the provisions of Section



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



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1extent that it was not paid in that month, shall accrue simple
2interest as set forth in Section 12-109 of the Code of Civil
3Procedure. Failure to include the statement in the order for
4support does not affect the validity of the order or the
5accrual of interest as provided in this Section.
6    (c) A one-time charge of 20% is imposable upon the amount
7of past-due child support owed on July 1, 1988 which has
8accrued under a support order entered by the court. The charge
9shall be imposed in accordance with the provisions of Section
1010-21 of the Illinois Public Aid Code and shall be enforced by
11the court upon petition.
12    (d) Any new or existing support order entered by the court
13under this Section shall be deemed to be a series of judgments
14against the person obligated to pay support thereunder, each
15such judgment to be in the amount of each payment or
16installment of support and each such judgment to be deemed
17entered as of the date the corresponding payment or
18installment becomes due under the terms of the support order.
19Each such judgment shall have the full force, effect and
20attributes of any other judgment of this State, including the
21ability to be enforced. Notwithstanding any other State or
22local law to the contrary, a lien arises by operation of law
23against the real and personal property of the obligor for each
24installment of overdue support owed by the obligor.
25    (e) When child support is to be paid through the Clerk of
26the Court in a county of 500,000 inhabitants or less, the order



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1shall direct the obligor to pay to the Clerk, in addition to
2the child support payments, all fees imposed by the county
3board under paragraph (4) of subsection (bb) of Section 27.1a
4of the Clerks of Courts Act. When child support is to be paid
5through the clerk of the court in a county of more than 500,000
6but less than 3,000,000 inhabitants, the order shall direct
7the obligor to pay to the clerk, in addition to the child
8support payments, all fees imposed by the county board under
9paragraph (4) of subsection (bb) of Section 27.2 of the Clerks
10of Courts Act. Unless paid pursuant to an Income Withholding
11Order/Notice for Support, the payment of the fee shall be by
12payment acceptable to the clerk and shall be made to the order
13of the Clerk.
14    (f) All orders for support, when entered or modified,
15shall include a provision requiring the obligor to notify the
16court and, in cases in which a party is receiving child and
17spouse services under Article X of the Illinois Public Aid
18Code, the Department of Healthcare and Family Services, within
197 days, (i) of the name and address of any new employer of the
20obligor, (ii) whether the obligor has access to health
21insurance coverage through the employer or other group
22coverage and, if so, the policy name and number and the names
23of persons covered under the policy, except only the initials
24of any covered minors shall be included, and (iii) of any new
25residential or mailing address or telephone number of the
26obligor. In any subsequent action to enforce a support order,



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1upon a sufficient showing that a diligent effort has been made
2to ascertain the location of the obligor, service of process
3or provision of notice necessary in the case may be made at the
4last known address of the obligor in any manner expressly
5provided by the Code of Civil Procedure or this Act, which
6service shall be sufficient for purposes of due process.
7    (g) An order for support shall include a date on which the
8current support obligation terminates. The termination date
9shall be no earlier than the date on which the child covered by
10the order will attain the age of 18. However, if the child will
11not graduate from high school until after attaining the age of
1218, then the termination date shall be no earlier than the
13earlier of the date on which the child's high school
14graduation will occur or the date on which the child will
15attain the age of 19. The order for support shall state that
16the termination date does not apply to any arrearage that may
17remain unpaid on that date. Nothing in this subsection shall
18be construed to prevent the court from modifying the order or
19terminating the order in the event the child is otherwise
21    (g-5) If there is an unpaid arrearage or delinquency (as
22those terms are defined in the Income Withholding for Support
23Act) equal to at least one month's support obligation on the
24termination date stated in the order for support or, if there
25is no termination date stated in the order, on the date the
26child attains the age of majority or is otherwise emancipated,



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1the periodic amount required to be paid for current support of
2that child immediately prior to that date shall automatically
3continue to be an obligation, not as current support but as
4periodic payment toward satisfaction of the unpaid arrearage
5or delinquency. That periodic payment shall be in addition to
6any periodic payment previously required for satisfaction of
7the arrearage or delinquency. The total periodic amount to be
8paid toward satisfaction of the arrearage or delinquency may
9be enforced and collected by any method provided by law for
10enforcement and collection of child support, including but not
11limited to income withholding under the Income Withholding for
12Support Act. Each order for support entered or modified on or
13after January 1, 2005 (the effective date of Public Act
1493-1061) must contain a statement notifying the parties of the
15requirements of this subsection. Failure to include the
16statement in the order for support does not affect the
17validity of the order or the operation of the provisions of
18this subsection with regard to the order. This subsection
19shall not be construed to prevent or affect the establishment
20or modification of an order for support of a minor child or the
21establishment or modification of an order for support of a
22non-minor child or educational expenses under Section 513 of
23this Act.
24    (h) An order entered under this Section shall include a
25provision requiring either parent to report to the other
26parent and to the Clerk of Court within 10 days each time



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1either parent obtains new employment, and each time either
2parent's employment is terminated for any reason. The report
3shall be in writing and shall, in the case of new employment,
4include the name and address of the new employer. Failure to
5report new employment or the termination of current
6employment, if coupled with nonpayment of support for a period
7in excess of 60 days, is indirect criminal contempt. For
8either parent arrested for failure to report new employment
9bond shall be set in the amount of the child support that
10should have been paid during the period of unreported
11employment. An order entered under this Section shall also
12include a provision requiring either obligor and obligee to
13advise the other of a change in residence within 5 days of the
14change except when the court finds that the physical, mental,
15or emotional health of a party or that of a child, or both,
16would be seriously endangered by disclosure of the party's
18    (i) The court does not lose the powers of contempt,
19driver's license suspension, or other child support
20enforcement mechanisms, including, but not limited to,
21criminal prosecution as set forth in this Act, upon the
22emancipation of the minor child.
23(Source: P.A. 102-823, eff. 5-13-22.)".