Full Text of SB1183 94th General Assembly
SB1183enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Parentage Act of 1984 is amended by | 5 |
| changing Section 14 as follows:
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| (750 ILCS 45/14) (from Ch. 40, par. 2514)
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| Sec. 14. Judgment.
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| (a) (1) The judgment shall contain or explicitly reserve
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| provisions concerning any duty and amount of child support
and | 10 |
| may contain provisions concerning the custody and
guardianship | 11 |
| of the child, visitation privileges with the child, the
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| furnishing of bond or other security for the payment of the | 13 |
| judgment,
which the court shall determine in accordance with | 14 |
| the relevant factors
set forth in the Illinois Marriage and | 15 |
| Dissolution of Marriage
Act and any other applicable law of | 16 |
| Illinois,
to guide the court in a finding in the best interests | 17 |
| of the child.
In determining custody, joint custody, removal, | 18 |
| or visitation, the court
shall apply
the relevant standards of | 19 |
| the Illinois Marriage and Dissolution of Marriage
Act, | 20 |
| including Section 609. Specifically, in determining the amount | 21 |
| of any
child support award, the
court shall use the guidelines | 22 |
| and standards set forth in subsection (a) of
Section 505 and in | 23 |
| Section 505.2 of the Illinois Marriage and Dissolution of
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| Marriage Act. For purposes of Section
505 of the Illinois | 25 |
| Marriage and Dissolution of Marriage Act,
"net income" of the | 26 |
| non-custodial parent shall include any benefits
available to | 27 |
| that person under the Illinois Public Aid Code or from other
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| federal, State or local government-funded programs. The court | 29 |
| shall, in
any event and regardless of the amount of the | 30 |
| non-custodial parent's net
income, in its judgment order the | 31 |
| non-custodial parent to pay child support
to the custodial | 32 |
| parent in a minimum amount of not less than $10 per month , as |
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| long as such an order is consistent with the requirements of | 2 |
| Title IV, Part D of the Social Security Act .
In an action | 3 |
| brought within 2 years after a child's birth, the judgment or
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| order may direct either parent to pay the reasonable expenses | 5 |
| incurred by
either parent related to the mother's pregnancy and | 6 |
| the delivery of the
child. The judgment or order shall contain | 7 |
| the father's social security number,
which the father shall | 8 |
| disclose to the court; however, failure to include the
father's | 9 |
| social security number on the judgment or order does not | 10 |
| invalidate
the judgment or order.
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| (2) If a judgment of parentage contains no explicit award | 12 |
| of custody,
the establishment of a support obligation or of | 13 |
| visitation rights in one
parent shall be considered a judgment | 14 |
| granting custody to the other parent.
If the parentage judgment | 15 |
| contains no such provisions, custody shall be
presumed to be | 16 |
| with the mother;
however, the presumption shall not apply if | 17 |
| the father has had
physical custody for at least 6
months prior | 18 |
| to the date that the mother seeks to enforce custodial rights.
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| (b) The court shall order all child support payments, | 20 |
| determined in
accordance with such guidelines, to commence with | 21 |
| the date summons is
served. The level of current periodic | 22 |
| support payments shall not be
reduced because of payments set | 23 |
| for the period prior to the date of entry
of the support order. | 24 |
| The Court may order any child support payments to be
made for a
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| period prior to the commencement of the action.
In determining | 26 |
| whether and the extent to which the
payments shall be made for | 27 |
| any prior period, the court shall consider all
relevant facts, | 28 |
| including the factors for determining the amount of support
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| specified in the Illinois Marriage and Dissolution of Marriage
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| Act and other equitable factors
including but not limited to:
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| (1) The father's prior knowledge of the fact and | 32 |
| circumstances of the
child's birth.
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| (2) The father's prior willingness or refusal to help | 34 |
| raise or
support the child.
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| (3) The extent to which the mother or the public agency | 36 |
| bringing the
action previously informed the father of the |
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| child's needs or attempted
to seek or require his help in | 2 |
| raising or supporting the child.
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| (4) The reasons the mother or the public agency did not | 4 |
| file the
action earlier.
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| (5) The extent to which the father would be prejudiced | 6 |
| by the delay in
bringing the action.
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| For purposes of determining the amount of child support to | 8 |
| be paid for any
period before the date the order for current | 9 |
| child support is entered, there is
a
rebuttable presumption | 10 |
| that the father's net income for the prior period was
the same | 11 |
| as his net income at the time the order for current child | 12 |
| support is
entered.
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| If (i) the non-custodial parent was properly served with a | 14 |
| request for
discovery of
financial information relating to the | 15 |
| non-custodial parent's ability to provide
child support, (ii)
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| the non-custodial parent failed to comply with the request, | 17 |
| despite having been
ordered to
do so by the court, and (iii) | 18 |
| the non-custodial parent is not present at the
hearing to
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| determine support despite having received proper notice, then | 20 |
| any relevant
financial
information concerning the | 21 |
| non-custodial parent's ability to provide child
support
that | 22 |
| was
obtained pursuant to subpoena and proper notice shall be | 23 |
| admitted into evidence
without
the need to establish any | 24 |
| further foundation for its admission.
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| (c) Any new or existing support order entered by the court | 26 |
| under this
Section shall be deemed to be a series of judgments
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| against the person obligated to pay support thereunder, each | 28 |
| judgment
to be in the amount of each payment or installment of | 29 |
| support and each such
judgment to be deemed entered as of the | 30 |
| date the corresponding payment or
installment becomes due under | 31 |
| the terms of the support order. Each
judgment shall have the | 32 |
| full force, effect and attributes of any other
judgment of this | 33 |
| State, including the ability to be enforced.
A lien arises by | 34 |
| operation of law against the real and personal property of
the | 35 |
| noncustodial parent for each installment of overdue support | 36 |
| owed by the
noncustodial parent.
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| (d) If the judgment or order of the court is at variance | 2 |
| with the child's
birth certificate, the court shall order that | 3 |
| a new birth certificate be
issued under the Vital Records Act.
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| (e) On request of the mother and the father, the court | 5 |
| shall order a
change in the child's name. After hearing | 6 |
| evidence the court may stay
payment of support during the | 7 |
| period of the father's minority or period of
disability.
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| (f) If, upon a showing of proper service, the father fails | 9 |
| to appear in
court, or
otherwise appear as provided by law, the | 10 |
| court may proceed to hear the
cause upon testimony of the | 11 |
| mother or other parties taken in open court and
shall enter a | 12 |
| judgment by default. The court may reserve any order as to
the | 13 |
| amount of child support until the father has received notice, | 14 |
| by
regular mail, of a hearing on the matter.
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| (g) A one-time charge of 20% is imposable upon the amount | 16 |
| of past-due
child support owed on July 1, 1988 which has | 17 |
| accrued under a support order
entered by the court. The charge | 18 |
| shall be imposed in accordance with the
provisions of Section | 19 |
| 10-21 of the Illinois Public Aid Code and shall be
enforced by | 20 |
| the court upon petition.
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| (h) All orders for support, when entered or
modified, shall | 22 |
| include a provision requiring the non-custodial parent
to
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| notify the court and, in cases in which party is receiving | 24 |
| child
support enforcement services under Article X of the | 25 |
| Illinois Public Aid Code,
the
Illinois Department of Healthcare | 26 |
| and Family Services
Public Aid , within 7 days, (i) of the name | 27 |
| and
address of any new employer of the non-custodial parent, | 28 |
| (ii) whether the
non-custodial
parent has access to health | 29 |
| insurance coverage through the employer or other
group coverage | 30 |
| and, if so, the policy name and number and the names of
persons
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| covered under the policy, and (iii) of any new residential or | 32 |
| mailing address
or telephone
number of the non-custodial | 33 |
| parent. In any subsequent action to enforce a
support order, | 34 |
| upon a sufficient showing that a diligent effort has been made
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| to ascertain the location of the non-custodial parent, service | 36 |
| of process or
provision of notice necessary in the case may be |
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| made at the last known
address of the non-custodial parent in | 2 |
| any manner expressly provided by the
Code of Civil Procedure or | 3 |
| this Act, which service shall be sufficient for
purposes of due | 4 |
| process.
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| (i) An order for support shall include a date on which the | 6 |
| current
support obligation terminates. The termination date | 7 |
| shall be no earlier
than
the date on which the child covered by | 8 |
| the order will attain the age of
18. However, if the child will | 9 |
| not graduate from high school until after
attaining the age
of | 10 |
| 18, then the termination date shall be no earlier than the | 11 |
| earlier of the
date on which
the child's high school graduation | 12 |
| will occur or the date on which the child
will attain the
age | 13 |
| of 19.
The order
for
support shall state that
the termination | 14 |
| date does not apply to any arrearage that may remain unpaid on
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| that date. Nothing in this subsection shall be construed to | 16 |
| prevent the court
from modifying the order
or terminating the | 17 |
| order in the event the child is otherwise emancipated.
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| (i-5) If there is an unpaid arrearage or delinquency (as | 19 |
| those terms are defined in the Income Withholding for Support | 20 |
| Act) equal to at least one month's support obligation on the | 21 |
| termination date stated in the order for support or, if there | 22 |
| is no termination date stated in the order, on the date the | 23 |
| child attains the age of majority or is otherwise emancipated, | 24 |
| the periodic amount required to be paid for current support of | 25 |
| that child immediately prior to that date shall automatically | 26 |
| continue to be an obligation, not as current support but as | 27 |
| periodic payment toward satisfaction of the unpaid arrearage or | 28 |
| delinquency. That periodic payment shall be in addition to any | 29 |
| periodic payment previously required for satisfaction of the | 30 |
| arrearage or delinquency. The total periodic amount to be paid | 31 |
| toward satisfaction of the arrearage or delinquency may be | 32 |
| enforced and collected by any method provided by law for | 33 |
| enforcement and collection of child support, including but not | 34 |
| limited to income withholding under the Income Withholding for | 35 |
| Support Act. Each order for support entered or modified on or | 36 |
| after the effective date of this amendatory Act of the 93rd |
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| General Assembly must contain a statement notifying the parties | 2 |
| of the requirements of this subsection. Failure to include the | 3 |
| statement in the order for support does not affect the validity | 4 |
| of the order or the operation of the provisions of this | 5 |
| subsection with regard to the order. This subsection shall not | 6 |
| be construed to prevent or affect the establishment or | 7 |
| modification of an order for support of a minor child or the | 8 |
| establishment or modification of an order for support of a | 9 |
| non-minor child or educational expenses under Section 513 of | 10 |
| the Illinois Marriage and Dissolution of Marriage Act.
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| (j) An order entered under this Section shall include a | 12 |
| provision
requiring the obligor to report to the obligee and to | 13 |
| the clerk of court within
10 days each time the obligor obtains | 14 |
| new employment, and each time the
obligor's employment is | 15 |
| terminated for any reason.
The report shall be in writing and | 16 |
| shall, in the case of new employment,
include the name and | 17 |
| address of the new employer.
Failure to report new employment | 18 |
| or
the termination of current employment, if coupled with | 19 |
| nonpayment of support
for a period in excess of 60 days, is | 20 |
| indirect criminal contempt. For
any obligor arrested for | 21 |
| failure to report new employment bond shall be set in
the | 22 |
| amount of the child support that should have been paid during | 23 |
| the period of
unreported employment. An order entered under | 24 |
| this Section shall also include
a provision requiring the | 25 |
| obligor and obligee parents to advise each other of a
change in | 26 |
| residence within 5 days of the change
except when the court | 27 |
| finds that the physical, mental, or emotional health
of a party | 28 |
| or that of a minor child, or both, would be seriously | 29 |
| endangered by
disclosure of the party's address.
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| (Source: P.A. 92-590, eff. 7-1-02; 92-876, eff. 6-1-03; 93-139, | 31 |
| eff. 7-10-03; 93-1061, eff. 1-1-05; revised 12-15-05.)
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