Full Text of SB3549 97th General Assembly
SB3549enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning child support.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Aid Code is amended by | 5 | | changing Section 10-10 as follows:
| 6 | | (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
| 7 | | Sec. 10-10. Court enforcement; applicability also to | 8 | | persons who are
not applicants or recipients. Except where the | 9 | | Illinois Department, by
agreement, acts for the local | 10 | | governmental unit, as provided in Section
10-3.1, local | 11 | | governmental units shall refer to the State's Attorney or
to | 12 | | the proper legal representative of the governmental unit, for
| 13 | | judicial enforcement as herein provided, instances of | 14 | | non-support or
insufficient support when the dependents are | 15 | | applicants or recipients
under Article VI. The Child and Spouse | 16 | | Support Unit
established by Section 10-3.1 may institute in | 17 | | behalf of the Illinois
Department any actions under this | 18 | | Section for judicial enforcement of
the support liability when | 19 | | the dependents are (a) applicants or
recipients under Articles | 20 | | III, IV, V or VII; (b) applicants or recipients
in a local | 21 | | governmental unit when the Illinois Department, by agreement,
| 22 | | acts for the unit; or (c) non-applicants or non-recipients who | 23 | | are
receiving child support enforcement services under this |
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| 1 | | Article X, as
provided
in Section 10-1. Where the Child and | 2 | | Spouse Support Unit has exercised
its option and discretion not | 3 | | to apply the provisions of Sections 10-3 through
10-8, the | 4 | | failure by the Unit to apply such provisions shall not be a bar
| 5 | | to bringing an action under this Section.
| 6 | | Action shall be brought in the circuit court to obtain | 7 | | support, or
for the recovery of aid granted during the period | 8 | | such support was not
provided, or both for the obtainment of | 9 | | support and the recovery of the
aid provided. Actions for the | 10 | | recovery of aid may be taken separately
or they may be | 11 | | consolidated with actions to obtain support. Such
actions may | 12 | | be brought in the name of the person or persons requiring
| 13 | | support, or may be brought in the name of the Illinois | 14 | | Department or the
local governmental unit, as the case | 15 | | requires, in behalf of such persons.
| 16 | | The court may enter such orders for the payment of moneys | 17 | | for the
support of the person as may be just and equitable and | 18 | | may direct
payment thereof for such period or periods of time | 19 | | as the circumstances
require, including support for a period | 20 | | before the date the order for support
is entered. The order may | 21 | | be entered against any or all of the defendant
responsible | 22 | | relatives and may be based upon the proportionate ability of
| 23 | | each to contribute to the person's support.
| 24 | | The Court shall determine the amount of child support | 25 | | (including child
support for a period before the date the order | 26 | | for child support is entered)
by
using the
guidelines and |
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| 1 | | standards set forth in subsection (a) of Section 505 and in
| 2 | | Section 505.2 of the Illinois Marriage and Dissolution of | 3 | | Marriage Act.
For purposes of determining the amount of child | 4 | | support to be paid for a
period before the date the order for | 5 | | child support is entered, there is a
rebuttable
presumption | 6 | | that the responsible relative's net income for that period was | 7 | | the
same as his or her net income at the time the order is | 8 | | entered.
| 9 | | If (i) the responsible relative was properly served with a | 10 | | request for
discovery of
financial information relating to the | 11 | | responsible relative's ability to provide
child support, (ii)
| 12 | | the responsible relative failed to comply with the request, | 13 | | despite having been
ordered to
do so by the court, and (iii) | 14 | | the responsible relative is not present at the
hearing to
| 15 | | determine support despite having received proper notice, then | 16 | | any relevant
financial
information concerning the responsible | 17 | | relative's ability to provide child
support
that was
obtained | 18 | | pursuant to subpoena and proper notice shall be admitted into | 19 | | evidence
without
the need to establish any further foundation | 20 | | for its admission.
| 21 | | An order entered under this Section shall include a | 22 | | provision requiring
the obligor to report to the obligee and to | 23 | | the clerk of court within 10 days
each time the obligor obtains | 24 | | new employment, and each time the obligor's
employment is | 25 | | terminated for any reason.
The report shall be in writing and | 26 | | shall, in the case of new employment,
include the name and |
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| 1 | | address of the new employer.
Failure to report new employment | 2 | | or
the termination of current employment, if coupled with | 3 | | nonpayment of support
for a period in excess of 60 days, is | 4 | | indirect criminal contempt. For
any obligor arrested for | 5 | | failure to report new employment bond shall be set in
the | 6 | | amount of the child support that should have been paid during | 7 | | the period of
unreported employment. An order entered under | 8 | | this Section shall also include
a provision requiring the | 9 | | obligor and obligee parents to advise each other of a
change in | 10 | | residence within 5 days of the change
except when the court | 11 | | finds that the physical, mental, or emotional health
of a party | 12 | | or that of a minor child, or both, would be seriously | 13 | | endangered by
disclosure of the party's address.
| 14 | | The Court shall determine the amount of maintenance using | 15 | | the standards
set forth in Section 504 of the Illinois Marriage | 16 | | and Dissolution of Marriage
Act.
| 17 | | Any new or existing support order entered by the court | 18 | | under this
Section shall be deemed to be a series of judgments | 19 | | against the person
obligated to pay support thereunder, each | 20 | | such judgment to be in the amount
of each payment or | 21 | | installment of support and each such judgment to be
deemed | 22 | | entered as of the date the corresponding payment or installment
| 23 | | becomes due under the terms of the support order. Each such | 24 | | judgment shall
have the full force, effect and attributes of | 25 | | any other judgment of this
State, including the ability to be | 26 | | enforced. Any such judgment is subject
to modification or |
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| 1 | | termination only in accordance with Section 510 of the
Illinois | 2 | | Marriage and Dissolution of Marriage Act.
Notwithstanding any | 3 | | other State or local law to the contrary, a lien arises by | 4 | | operation of law against the real and personal property of
the | 5 | | noncustodial parent for each
installment of overdue support | 6 | | owed by the noncustodial parent.
| 7 | | When an order is entered for the support of a minor, the | 8 | | court may
provide therein for reasonable visitation of the | 9 | | minor by the person or
persons who provided support pursuant to | 10 | | the order. Whoever willfully
refuses to comply with such | 11 | | visitation order or willfully interferes
with its enforcement | 12 | | may be declared in contempt of court and punished
therefor.
| 13 | | Except where the local governmental unit has entered into | 14 | | an
agreement with the Illinois Department for the Child and | 15 | | Spouse Support
Unit to act for it, as provided in Section | 16 | | 10-3.1, support orders
entered by the court in cases involving | 17 | | applicants or recipients under
Article VI shall provide that | 18 | | payments thereunder be made
directly to the local governmental | 19 | | unit. Orders for the support of all
other applicants or | 20 | | recipients shall provide that payments thereunder be
made | 21 | | directly to the Illinois Department.
In accordance with federal | 22 | | law and regulations, the Illinois Department may
continue to | 23 | | collect current maintenance payments or child support | 24 | | payments, or
both, after those persons cease to receive public | 25 | | assistance and until
termination of services under Article X. | 26 | | The Illinois Department shall pay the
net amount collected to |
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| 1 | | those persons after deducting any costs incurred in
making
the | 2 | | collection or any collection fee from the amount of any | 3 | | recovery made. In both cases the order shall permit the local
| 4 | | governmental unit or the Illinois Department, as the case may | 5 | | be, to direct
the responsible relative or relatives to make | 6 | | support payments directly to
the needy person, or to some | 7 | | person or agency in his behalf, upon removal
of the person from | 8 | | the public aid rolls or upon termination of services under
| 9 | | Article X.
| 10 | | If the notice of support due issued pursuant to Section | 11 | | 10-7 directs
that support payments be made directly to the | 12 | | needy person, or to some
person or agency in his behalf, and | 13 | | the recipient is removed from the
public aid rolls, court | 14 | | action may be taken against the responsible
relative hereunder | 15 | | if he fails to furnish support in accordance with the
terms of | 16 | | such notice.
| 17 | | Actions may also be brought under this Section in behalf of | 18 | | any
person who is in need of support from responsible | 19 | | relatives, as defined
in Section 2-11 of Article II who is not | 20 | | an applicant for or recipient
of financial aid under this Code. | 21 | | In such instances, the State's
Attorney of the county in which | 22 | | such person resides shall bring action
against the responsible | 23 | | relatives hereunder. If the Illinois
Department, as authorized | 24 | | by Section 10-1, extends the child support
enforcement
services
| 25 | | provided by this Article to spouses and dependent children who | 26 | | are not
applicants or recipients under this Code, the Child and |
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| 1 | | Spouse Support
Unit established by Section 10-3.1 shall bring | 2 | | action against the
responsible relatives hereunder and any | 3 | | support orders entered by the
court in such cases shall provide | 4 | | that payments thereunder be made
directly to the Illinois | 5 | | Department.
| 6 | | Whenever it is determined in a proceeding to establish or | 7 | | enforce a child
support or maintenance obligation that the | 8 | | person owing a duty of support
is unemployed, the court may | 9 | | order the person to seek employment and report
periodically to | 10 | | the court with a diary, listing or other memorandum of his
or | 11 | | her efforts in accordance with such order. Additionally, the | 12 | | court may
order the unemployed person to report to the | 13 | | Department of Employment
Security for job search services or to | 14 | | make application with the local Job
Training Partnership Act | 15 | | provider for participation in job search,
training or work | 16 | | programs and where the duty of support is owed to a child
| 17 | | receiving child support enforcement services under this | 18 | | Article X, the
court may
order the
unemployed person to report | 19 | | to the Illinois Department for participation
in job search, | 20 | | training or work programs established under Section 9-6 and
| 21 | | Article IXA of this Code.
| 22 | | Whenever it is determined that a person owes past-due | 23 | | support for a child
receiving assistance under this Code, the | 24 | | court shall order at the request of
the Illinois Department:
| 25 | | (1) that the person pay the past-due support in | 26 | | accordance with a plan
approved by the court; or
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| 1 | | (2) if the person owing past-due support is unemployed, | 2 | | is subject to
such a plan, and is not incapacitated, that | 3 | | the person participate in such job
search, training, or | 4 | | work programs established under Section 9-6 and Article
IXA | 5 | | of this Code as the court deems appropriate.
| 6 | | A determination under this Section shall not be | 7 | | administratively
reviewable by the procedures specified in | 8 | | Sections 10-12, and 10-13 to
10-13.10. Any determination under | 9 | | these Sections, if made the basis of
court action under this | 10 | | Section, shall not affect the de novo judicial
determination | 11 | | required under this Section.
| 12 | | If a person who is found guilty of contempt for failure to | 13 | | comply with an order to pay support is a person who conducts a | 14 | | business or who is self-employed, the court in addition to | 15 | | other penalties provided by law may order that the person do | 16 | | one or more of the following: (i) provide to the court monthly | 17 | | financial statements showing income and expenses from the | 18 | | business or the self-employment; (ii) seek employment and | 19 | | report periodically to the court with a diary, listing, or | 20 | | other memorandum of his or her employment search efforts; or | 21 | | (iii) report to the Department of Employment Security for job | 22 | | search services to find employment that will be subject to | 23 | | withholding of child support. | 24 | | A one-time charge of 20% is imposable upon the amount of | 25 | | past-due child
support owed on July 1, 1988 which has accrued | 26 | | under a support order
entered by the court. The charge shall be |
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| 1 | | imposed in accordance with the
provisions of Section 10-21 of | 2 | | this Code and shall be enforced by the court
upon petition.
| 3 | | All orders for support, when entered or modified, shall
| 4 | | include a provision requiring the non-custodial parent to | 5 | | notify the court and,
in cases in which a party is receiving | 6 | | child support
enforcement services under
this Article X, the | 7 | | Illinois Department, within 7 days, (i) of the name,
address, | 8 | | and telephone number of any new employer of the non-custodial | 9 | | parent,
(ii) whether the non-custodial parent has access to | 10 | | health insurance coverage
through the employer or other group | 11 | | coverage and, if so, the policy name and
number and the names | 12 | | of persons covered under
the policy, and (iii) of any new | 13 | | residential or mailing address or telephone
number of the | 14 | | non-custodial parent. In any subsequent action to enforce a
| 15 | | support order, upon a sufficient showing that a diligent effort | 16 | | has been made
to ascertain the location of the non-custodial | 17 | | parent, service of process or
provision of notice necessary in | 18 | | the case may be made at the last known
address of the | 19 | | non-custodial parent in any manner expressly provided by the
| 20 | | Code of Civil Procedure or this Code, which service shall be | 21 | | sufficient for
purposes of due process.
| 22 | | 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 graduation | 3 | | will occur or the date on which the child
will attain the
age | 4 | | of 19. The order for support shall state
that the termination | 5 | | date does not apply to
any arrearage that may remain unpaid on | 6 | | that date. Nothing in this paragraph
shall be construed to | 7 | | prevent the court from modifying the order or terminating
the | 8 | | order in the event the child is otherwise emancipated.
| 9 | | If there is an unpaid arrearage or delinquency (as those | 10 | | terms are defined in the Income Withholding for Support Act) | 11 | | equal to at least one month's support obligation on the | 12 | | termination date stated in the order for support or, if there | 13 | | is no termination date stated in the order, on the date the | 14 | | child attains the age of majority or is otherwise emancipated, | 15 | | then the periodic amount required to be paid for current | 16 | | support of that child immediately prior to that date shall | 17 | | automatically continue to be an obligation, not as current | 18 | | support but as periodic payment toward satisfaction of the | 19 | | unpaid arrearage or delinquency. That periodic payment shall be | 20 | | in addition to any periodic payment previously required for | 21 | | satisfaction of the arrearage or delinquency. The total | 22 | | periodic amount to be paid toward satisfaction of the arrearage | 23 | | or delinquency may be enforced and collected by any method | 24 | | provided by law for the enforcement and collection of child | 25 | | support, including but not limited to income withholding under | 26 | | the Income Withholding for Support Act. Each order for support |
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| 1 | | entered or modified on or after the effective date of this | 2 | | amendatory Act of the 93rd General Assembly must contain a | 3 | | statement notifying the parties of the requirements of this | 4 | | paragraph. Failure to include the statement in the order for | 5 | | support does not affect the validity of the order or the | 6 | | operation of the provisions of this paragraph with regard to | 7 | | the order. This paragraph shall not be construed to prevent or | 8 | | affect the establishment or modification of an order for the | 9 | | support of a minor child or the establishment or modification | 10 | | of an order for the support of a non-minor child or educational | 11 | | expenses under Section 513 of the Illinois Marriage and | 12 | | Dissolution of Marriage Act.
| 13 | | Payments under this Section to the Illinois Department | 14 | | pursuant to the
Child Support Enforcement Program established | 15 | | by Title IV-D of the Social
Security Act shall be paid into the | 16 | | Child Support Enforcement Trust Fund.
All payments under this | 17 | | Section to the Illinois Department of Human
Services shall be | 18 | | deposited in the DHS Recoveries
Trust Fund. Disbursements from | 19 | | these funds shall be as provided in Sections
12-9.1 and 12-10.2 | 20 | | of this Code. Payments received by a local
governmental unit | 21 | | shall be deposited in that unit's General Assistance Fund.
| 22 | | To the extent the provisions of this Section are | 23 | | inconsistent with the
requirements pertaining to the State | 24 | | Disbursement Unit under Sections 10-10.4
and 10-26 of this | 25 | | Code, the requirements pertaining to the State Disbursement
| 26 | | Unit shall apply.
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| 1 | | (Source: P.A. 97-186, eff. 7-22-11.)
| 2 | | Section 10. The Illinois Marriage and Dissolution of | 3 | | Marriage Act is amended by changing Section 505 as follows:
| 4 | | (750 ILCS 5/505) (from Ch. 40, par. 505)
| 5 | | Sec. 505. Child support; contempt; penalties.
| 6 | | (a) In a proceeding for dissolution of marriage, legal | 7 | | separation,
declaration of invalidity of marriage, a | 8 | | proceeding for child support
following dissolution of the | 9 | | marriage by a court which lacked personal
jurisdiction over the | 10 | | absent spouse, a proceeding for modification of a
previous | 11 | | order for child support under Section 510 of this Act, or any
| 12 | | proceeding authorized under Section 501 or 601 of this Act, the | 13 | | court may
order either or both parents owing a duty of support | 14 | | to a child of the
marriage to pay an amount reasonable and | 15 | | necessary for his support, without
regard to marital | 16 | | misconduct. The duty of support owed to a child
includes the | 17 | | obligation to provide for the reasonable and necessary
| 18 | | physical, mental and emotional health needs of the child.
For | 19 | | purposes of this Section, the term "child" shall include any | 20 | | child under
age 18 and
any child under age 19 who is still | 21 | | attending high school.
| 22 | | (1) The Court shall determine the minimum amount of | 23 | | support by using the
following guidelines:
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24 | | Number of Children |
Percent of Supporting Party's |
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| 1 | | |
Net Income |
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2 | | 1 |
20% |
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3 | | 2 |
28% |
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4 | | 3 |
32% |
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5 | | 4 |
40% |
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6 | | 5 |
45% |
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7 | | 6 or more |
50% |
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8 | | (2) The above guidelines shall be applied in each case | 9 | | unless the court
makes a finding that application of the | 10 | | guidelines would be
inappropriate, after considering the | 11 | | best interests of the child in light of
evidence including | 12 | | but not limited to one or more of the following relevant
| 13 | | factors:
| 14 | | (a) the financial resources and needs of the child;
| 15 | | (b) the financial resources and needs of the | 16 | | custodial parent;
| 17 | | (c) the standard of living the child would have | 18 | | enjoyed had the
marriage not been dissolved;
| 19 | | (d) the physical and emotional condition of the | 20 | | child, and his
educational needs; and
| 21 | | (e) the financial resources and needs of the | 22 | | non-custodial parent.
| 23 | | If the court deviates from the guidelines, the court's | 24 | | finding
shall state the amount of support that would have | 25 | | been required under the
guidelines, if determinable. The | 26 | | court shall include the reason or reasons for
the variance |
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| 1 | | from the
guidelines.
| 2 | | (3) "Net income" is defined as the total of all income | 3 | | from all
sources, minus the following deductions:
| 4 | | (a) Federal income tax (properly calculated | 5 | | withholding or estimated
payments);
| 6 | | (b) State income tax (properly calculated | 7 | | withholding or estimated
payments);
| 8 | | (c) Social Security (FICA payments);
| 9 | | (d) Mandatory retirement contributions required by | 10 | | law or as a
condition of employment;
| 11 | | (e) Union dues;
| 12 | | (f) Dependent and individual | 13 | | health/hospitalization insurance premiums and life | 14 | | insurance premiums for life insurance ordered by the | 15 | | court to reasonably secure child support or support | 16 | | ordered pursuant to Section 513, any such order to | 17 | | entail provisions on which the parties agree or, | 18 | | otherwise, in accordance with the limitations set | 19 | | forth in subsection 504(f)(1) and (2);
| 20 | | (g) Prior obligations of support or maintenance | 21 | | actually paid pursuant
to a court order;
| 22 | | (h) Expenditures for repayment of debts that | 23 | | represent reasonable and
necessary expenses for the | 24 | | production of income, medical expenditures
necessary | 25 | | to preserve life or health, reasonable expenditures | 26 | | for the
benefit of the child and the other parent, |
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| 1 | | exclusive of gifts. The court
shall reduce net income | 2 | | in determining the minimum amount of support to be
| 3 | | ordered only for the period that such payments are due | 4 | | and shall enter an
order containing provisions for its | 5 | | self-executing modification upon
termination of such | 6 | | payment period;
| 7 | | (i) Foster care payments paid by the Department of | 8 | | Children and Family Services for providing licensed | 9 | | foster care to a foster child.
| 10 | | (4) In cases where the court order provides for
| 11 | | health/hospitalization insurance coverage pursuant to | 12 | | Section 505.2 of
this Act, the premiums for that insurance, | 13 | | or that portion of the premiums
for which the supporting | 14 | | party is responsible in the case of insurance
provided | 15 | | through an employer's health insurance plan where
the | 16 | | employer pays a portion of the premiums, shall be | 17 | | subtracted
from net income in determining the minimum | 18 | | amount of support to be ordered.
| 19 | | (4.5) In a proceeding for child support following | 20 | | dissolution of the
marriage by a court that lacked personal | 21 | | jurisdiction over the absent spouse,
and in which the court | 22 | | is requiring payment of support for the period before
the | 23 | | date an order for current support is entered, there is a | 24 | | rebuttable
presumption
that the supporting party's net | 25 | | income for the prior period was the same as his
or her net | 26 | | income at the time the order for current support is |
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| 1 | | entered.
| 2 | | (5) If the net income cannot be determined because of | 3 | | default or any
other reason, the court shall order support | 4 | | in an amount considered
reasonable in the particular case. | 5 | | The final order in all cases shall
state the support level | 6 | | in dollar amounts.
However, if the
court finds that the | 7 | | child support amount cannot be expressed exclusively as a
| 8 | | dollar amount because all or a portion of the payor's net | 9 | | income is uncertain
as to source, time of payment, or | 10 | | amount, the court may order a percentage
amount of support | 11 | | in addition to a specific dollar amount and enter
such | 12 | | other orders as may be necessary to determine and enforce, | 13 | | on a timely
basis, the applicable support ordered.
| 14 | | (6) If (i) the non-custodial parent was properly served | 15 | | with a request
for
discovery of financial information | 16 | | relating to the non-custodial parent's
ability to
provide | 17 | | child support, (ii) the non-custodial parent failed to | 18 | | comply with the
request,
despite having been ordered to do | 19 | | so by the court, and (iii) the non-custodial
parent is not | 20 | | present at the hearing to determine support despite having
| 21 | | received
proper notice, then any relevant financial | 22 | | information concerning the
non-custodial parent's ability | 23 | | to provide child support that was obtained
pursuant to
| 24 | | subpoena and proper notice shall be admitted into evidence | 25 | | without the need to
establish any further foundation for | 26 | | its admission.
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| 1 | | (a-5) In an action to enforce an order for support based on | 2 | | the
respondent's failure
to make support payments as required | 3 | | by the order, notice of proceedings to
hold the respondent in | 4 | | contempt for that failure may be served on the
respondent by | 5 | | personal service or by regular mail addressed to the | 6 | | respondent's
last known address. The respondent's last known | 7 | | address may be determined from
records of the clerk of the | 8 | | court, from the Federal Case Registry of Child
Support Orders, | 9 | | or by any other reasonable means.
| 10 | | (b) Failure of either parent to comply with an order to pay | 11 | | support shall
be punishable as in other cases of contempt. In | 12 | | addition to other
penalties provided by law the Court may, | 13 | | after finding the parent guilty
of contempt, order that the | 14 | | parent be:
| 15 | | (1) placed on probation with such conditions of | 16 | | probation as the Court
deems advisable;
| 17 | | (2) sentenced to periodic imprisonment for a period not | 18 | | to exceed 6
months; provided, however, that the Court may | 19 | | permit the parent to be
released for periods of time during | 20 | | the day or night to:
| 21 | | (A) work; or
| 22 | | (B) conduct a business or other self-employed | 23 | | occupation.
| 24 | | The Court may further order any part or all of the earnings | 25 | | of a parent
during a sentence of periodic imprisonment paid to | 26 | | the Clerk of the Circuit
Court or to the parent having custody |
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| 1 | | or to the guardian having custody
of the children of the | 2 | | sentenced parent for the support of said
children until further | 3 | | order of the Court.
| 4 | | If a parent who is found guilty of contempt for failure to | 5 | | comply with an order to pay support is a person who conducts a | 6 | | business or who is self-employed, the court in addition to | 7 | | other penalties provided by law may order that the parent do | 8 | | one or more of the following: (i) provide to the court monthly | 9 | | financial statements showing income and expenses from the | 10 | | business or the self-employment; (ii) seek employment and | 11 | | report periodically to the court with a diary, listing, or | 12 | | other memorandum of his or her employment search efforts; or | 13 | | (iii) report to the Department of Employment Security for job | 14 | | search services to find employment that will be subject to | 15 | | withholding for child support. | 16 | | If there is a unity of interest and ownership sufficient to | 17 | | render no
financial separation between a non-custodial parent | 18 | | and another person or
persons or business entity, the court may | 19 | | pierce the ownership veil of the
person, persons, or business | 20 | | entity to discover assets of the non-custodial
parent held in | 21 | | the name of that person, those persons, or that business | 22 | | entity.
The following circumstances are sufficient to | 23 | | authorize a court to order
discovery of the assets of a person, | 24 | | persons, or business entity and to compel
the application of | 25 | | any discovered assets toward payment on the judgment for
| 26 | | support:
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| 1 | | (1) the non-custodial parent and the person, persons, | 2 | | or business entity
maintain records together.
| 3 | | (2) the non-custodial parent and the person, persons, | 4 | | or business entity
fail to maintain an arms length | 5 | | relationship between themselves with regard to
any assets.
| 6 | | (3) the non-custodial parent transfers assets to the | 7 | | person, persons,
or business entity with the intent to | 8 | | perpetrate a fraud on the custodial
parent.
| 9 | | With respect to assets which
are real property, no order | 10 | | entered under this paragraph shall affect the
rights of bona | 11 | | fide purchasers, mortgagees, judgment creditors, or other lien
| 12 | | holders who acquire their interests in the property prior to | 13 | | the time a notice
of lis pendens pursuant to the Code of Civil | 14 | | Procedure or a copy of the order
is placed of record in the | 15 | | office of the recorder of deeds for the county in
which the | 16 | | real property is located.
| 17 | | The court may also order in cases where the parent is 90 | 18 | | days or more
delinquent in payment of support or has been | 19 | | adjudicated in arrears in an
amount equal to 90 days obligation | 20 | | or more, that the parent's Illinois driving
privileges be | 21 | | suspended until the court
determines that the parent is in | 22 | | compliance with the order of support.
The court may also order | 23 | | that the parent be issued a family financial
responsibility | 24 | | driving permit that would allow limited driving privileges for
| 25 | | employment and medical purposes in accordance with Section | 26 | | 7-702.1 of the
Illinois Vehicle Code. The clerk of the circuit |
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| 1 | | court shall certify the order
suspending the driving privileges | 2 | | of the parent or granting the issuance of a
family financial | 3 | | responsibility driving permit to the Secretary of State on
| 4 | | forms prescribed by the Secretary. Upon receipt of the | 5 | | authenticated
documents, the Secretary of State shall suspend | 6 | | the parent's driving privileges
until further order of the | 7 | | court and shall, if ordered by the court, subject to
the | 8 | | provisions of Section 7-702.1 of the Illinois Vehicle Code, | 9 | | issue a family
financial responsibility driving permit to the | 10 | | parent.
| 11 | | In addition to the penalties or punishment that may be | 12 | | imposed under this
Section, any person whose conduct | 13 | | constitutes a violation of Section 15 of the
Non-Support | 14 | | Punishment Act may be prosecuted under that Act, and a person
| 15 | | convicted under that Act may be sentenced in accordance with | 16 | | that Act. The
sentence may include but need not be limited to a | 17 | | requirement that the person
perform community service under | 18 | | Section 50 of that Act or participate in a work
alternative | 19 | | program under Section 50 of that Act. A person may not be | 20 | | required
to participate in a work alternative program under | 21 | | Section 50 of that Act if
the person is currently participating | 22 | | in a work program pursuant to Section
505.1 of this Act.
| 23 | | A support obligation, or any portion of a support | 24 | | obligation, which becomes
due and remains unpaid as of the end | 25 | | of each month, excluding the child support that was due for | 26 | | that month to the extent that it was not paid in that month, |
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| 1 | | shall accrue simple interest as set forth in Section 12-109 of | 2 | | the Code of Civil Procedure.
An order for support entered or | 3 | | modified on or after January 1, 2006 shall
contain a statement | 4 | | that a support obligation required under the order, or any
| 5 | | portion of a support obligation required under the order, that | 6 | | becomes due and
remains unpaid as of the end of each month, | 7 | | excluding the child support that was due for that month to the | 8 | | extent that it was not paid in that month, shall accrue simple | 9 | | interest as set forth in Section 12-109 of the Code of Civil | 10 | | Procedure. Failure to include the statement in the order for | 11 | | support does
not affect the validity of the order or the | 12 | | accrual of interest as provided in
this Section.
| 13 | | (c) A one-time charge of 20% is imposable upon the amount | 14 | | of
past-due child support owed on July 1, 1988 which has | 15 | | accrued under a
support order entered by the court. The charge | 16 | | shall be imposed in
accordance with the provisions of Section | 17 | | 10-21 of the Illinois Public Aid
Code and shall be enforced by | 18 | | the court upon petition.
| 19 | | (d) Any new or existing support order entered by the court
| 20 | | under this Section shall be deemed to be a series of judgments | 21 | | against the
person obligated to pay support thereunder, each | 22 | | such judgment to be in the
amount of each payment or | 23 | | installment of support and each such judgment to
be deemed | 24 | | entered as of the date the corresponding payment or installment
| 25 | | becomes due under the terms of the support order. Each such | 26 | | judgment shall
have the full force, effect and attributes of |
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| 1 | | any other judgment of this
State, including the ability to be | 2 | | enforced.
Notwithstanding any other State or local law to the | 3 | | contrary, a lien arises by operation of law against the real | 4 | | and personal property of
the noncustodial parent for each | 5 | | installment of overdue support owed by the
noncustodial parent.
| 6 | | (e) When child support is to be paid through the clerk of | 7 | | the court in a
county of 1,000,000 inhabitants or less, the | 8 | | order shall direct the obligor
to pay to the clerk, in addition | 9 | | to the child support payments, all fees
imposed by the county | 10 | | board under paragraph (3) of subsection (u) of
Section 27.1 of | 11 | | the Clerks of Courts Act. Unless paid in cash or pursuant to
an | 12 | | order for withholding, the payment of the fee shall be by a | 13 | | separate
instrument from the support payment and shall be made | 14 | | to the order of the
Clerk.
| 15 | | (f) All orders for support, when entered or
modified, shall | 16 | | include a provision requiring the obligor to notify
the court | 17 | | and, in cases in which a party is receiving child and spouse
| 18 | | services under Article X of the Illinois Public Aid Code, the
| 19 | | Department of Healthcare and Family Services, within 7 days, | 20 | | (i) of the name and address
of any new employer of the obligor, | 21 | | (ii) whether the obligor has access to
health insurance | 22 | | coverage through the employer or other group coverage and,
if | 23 | | so, the policy name and number and the names of persons covered | 24 | | under
the policy, and (iii) of any new residential or mailing | 25 | | address or telephone
number of the non-custodial parent. In any | 26 | | subsequent action to enforce a
support order, upon a sufficient |
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| 1 | | showing that a diligent effort has been made
to ascertain the | 2 | | location of the non-custodial parent, service of process or
| 3 | | provision of notice necessary in the case may be made at the | 4 | | last known
address of the non-custodial parent in any manner | 5 | | expressly provided by the
Code of Civil Procedure or this Act, | 6 | | which service shall be sufficient for
purposes of due process.
| 7 | | (g) An order for support shall include a date on which the | 8 | | current
support obligation terminates. The termination date | 9 | | shall be no earlier than
the date on which the child covered by | 10 | | the order will attain the age of
18. However, if the child will | 11 | | not graduate from high school until after
attaining the age of | 12 | | 18, then the termination date shall be no earlier than the
| 13 | | earlier of the date on which the child's high school graduation | 14 | | will occur or
the date on which the child will attain the age | 15 | | of 19. The order for support
shall state that the termination | 16 | | date does not apply to any arrearage that may
remain unpaid on | 17 | | that date. Nothing in this subsection shall be construed to
| 18 | | prevent the court from modifying the order or terminating the | 19 | | order in the
event the child is otherwise emancipated.
| 20 | | (g-5) If there is an unpaid arrearage or delinquency (as | 21 | | those terms are defined in the Income Withholding for Support | 22 | | Act) equal to at least one month's support obligation on the | 23 | | termination date stated in the order for support or, if there | 24 | | is no termination date stated in the order, on the date the | 25 | | child attains the age of majority or is otherwise emancipated, | 26 | | the periodic amount required to be paid for current support of |
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| 1 | | that child immediately prior to that date shall automatically | 2 | | continue to be an obligation, not as current support but as | 3 | | periodic payment toward satisfaction of the unpaid arrearage or | 4 | | delinquency. That periodic payment shall be in addition to any | 5 | | periodic payment previously required for satisfaction of the | 6 | | arrearage or delinquency. The total periodic amount to be paid | 7 | | toward satisfaction of the arrearage or delinquency may be | 8 | | enforced and collected by any method provided by law for | 9 | | enforcement and collection of child support, including but not | 10 | | limited to income withholding under the Income Withholding for | 11 | | Support Act. Each order for support entered or modified on or | 12 | | after the effective date of this amendatory Act of the 93rd | 13 | | General Assembly must contain a statement notifying the parties | 14 | | of the requirements of this subsection. Failure to include the | 15 | | statement in the order for support does not affect the validity | 16 | | of the order or the operation of the provisions of this | 17 | | subsection with regard to the order. This subsection shall not | 18 | | be construed to prevent or affect the establishment or | 19 | | modification of an order for support of a minor child or the | 20 | | establishment or modification of an order for support of a | 21 | | non-minor child or educational expenses under Section 513 of | 22 | | this Act.
| 23 | | (h) An order entered under this Section shall include a | 24 | | provision requiring
the obligor to report to the obligee and to | 25 | | the clerk of court within 10 days
each time the obligor obtains | 26 | | new employment, and each time the obligor's
employment is |
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| 1 | | terminated for any reason. The report shall be in writing and
| 2 | | shall, in the case of new employment, include the name and | 3 | | address of the new
employer. Failure to report new employment | 4 | | or the termination of current
employment, if coupled with | 5 | | nonpayment of support for a period in excess of 60
days, is | 6 | | indirect criminal contempt. For any obligor arrested for | 7 | | failure to
report new employment bond shall be set in the | 8 | | amount of the child support that
should have been paid during | 9 | | the period of unreported employment. An order
entered under | 10 | | this Section shall also include a provision requiring the | 11 | | obligor
and obligee parents to advise each other of a change in | 12 | | residence within 5 days
of the change except when the court | 13 | | finds that the physical, mental, or
emotional health of a party | 14 | | or that of a child, or both, would be
seriously endangered by | 15 | | disclosure of the party's address.
| 16 | | (i) The court does not lose the powers of contempt, | 17 | | driver's license
suspension, or other child support | 18 | | enforcement mechanisms, including, but
not limited to, | 19 | | criminal prosecution as set forth in this Act, upon the
| 20 | | emancipation of the minor child or children.
| 21 | | (Source: P.A. 96-1134, eff. 7-21-10; 97-186, eff. 7-22-11; | 22 | | 97-608, eff. 1-1-12; revised 10-4-11.)
| 23 | | Section 15. The Non-Support Punishment Act is amended by | 24 | | changing Section 20 as follows:
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| 1 | | (750 ILCS 16/20)
| 2 | | Sec. 20. Entry of order for support; income withholding.
| 3 | | (a) In a case in which no court or administrative order for | 4 | | support is in
effect against the defendant:
| 5 | | (1) at any time before the trial, upon motion of the | 6 | | State's Attorney, or
of the Attorney General if the action | 7 | | has been instituted by his office, and
upon notice to the | 8 | | defendant, or at the time of arraignment or as a condition
| 9 | | of postponement of arraignment, the court may enter such | 10 | | temporary order for
support as may seem just, providing for | 11 | | the support or maintenance of the
spouse or child or | 12 | | children of the defendant, or both, pendente lite; or
| 13 | | (2) before trial with the consent of the defendant, or | 14 | | at the trial on
entry of a plea of guilty, or after | 15 | | conviction, instead of imposing the penalty
provided in | 16 | | this Act, or in addition thereto, the court may enter an | 17 | | order for
support, subject to modification by the court | 18 | | from time to time as
circumstances may require, directing | 19 | | the defendant to pay a certain sum for
maintenance of the | 20 | | spouse, or for support of the child or children, or both.
| 21 | | (b) The court shall determine the amount of child support | 22 | | by using the
guidelines and standards set forth in subsection | 23 | | (a) of Section 505 and in
Section 505.2 of the Illinois | 24 | | Marriage and Dissolution of Marriage Act.
| 25 | | If (i) the non-custodial parent was properly served with a | 26 | | request for
discovery of financial information relating to the |
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| 1 | | non-custodial parent's
ability to provide child support, (ii) | 2 | | the non-custodial parent failed to
comply with the request, | 3 | | despite having been ordered to do so by the court,
and (iii) | 4 | | the non-custodial parent is not present at the hearing to | 5 | | determine
support despite having received proper notice, then | 6 | | any relevant financial
information concerning the | 7 | | non-custodial parent's ability to provide support
that was | 8 | | obtained pursuant to subpoena and proper notice shall be | 9 | | admitted
into evidence without the need to establish any | 10 | | further foundation for its
admission.
| 11 | | (c) The court shall determine the amount of maintenance | 12 | | using the standards
set forth in Section 504 of the Illinois | 13 | | Marriage and Dissolution of Marriage
Act.
| 14 | | (d) The court may, for violation of any order under this | 15 | | Section, punish the
offender as for a contempt of court, but no | 16 | | pendente lite order shall remain in
effect longer than 4 | 17 | | months, or after the discharge of any panel of jurors
summoned | 18 | | for service thereafter in such court, whichever is sooner.
| 19 | | (d-5) If a person who is found guilty of contempt for | 20 | | failure to comply with an order to pay support is a person who | 21 | | conducts a business or who is self-employed, the court may | 22 | | order in addition to other penalties provided by law that the | 23 | | person do one or more of the following: (i) provide to the | 24 | | court monthly financial statements showing income and expenses | 25 | | from the business or the self-employment; (ii) seek employment | 26 | | and report periodically to the court with a diary, listing, or |
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| 1 | | other memorandum of his or her employment search efforts; or | 2 | | (iii) report to the Department of Employment Security for job | 3 | | search services to find employment that will be subject to | 4 | | withholding of child support. | 5 | | (e) Any order for support entered by the court under this | 6 | | Section shall be
deemed to be a series of judgments against the | 7 | | person obligated to pay support
under the judgments, each such | 8 | | judgment to be in the amount of each payment or
installment of | 9 | | support and each judgment to be deemed entered as of the date
| 10 | | the corresponding payment or installment becomes due under the | 11 | | terms of the
support order. Each judgment shall have the full | 12 | | force, effect, and attributes
of any other judgment of this | 13 | | State, including the ability to be enforced.
Each judgment is | 14 | | subject to modification or termination only in accordance with
| 15 | | Section 510 of the Illinois Marriage and Dissolution of | 16 | | Marriage Act. Notwithstanding any other State or local law to | 17 | | the contrary, a lien
arises by operation of law against the | 18 | | real and personal property of the
noncustodial parent for each | 19 | | installment of overdue support owed by the
noncustodial parent.
| 20 | | (f) An order for support entered under this Section shall | 21 | | include a
provision requiring the obligor to report to the | 22 | | obligee and to the clerk of
the court within 10 days each time | 23 | | the obligor obtains new employment, and each
time the obligor's | 24 | | employment is terminated for any reason. The report shall
be in | 25 | | writing and shall, in the case of new employment, include the | 26 | | name and
address of the new employer.
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| 1 | | Failure to report new employment or the termination of | 2 | | current employment,
if coupled with nonpayment of support for a | 3 | | period in excess of 60 days, is
indirect criminal contempt. For | 4 | | any obligor arrested for failure to report new
employment, bond | 5 | | shall be set in the amount of the child support that should
| 6 | | have been paid during the period of unreported
employment.
| 7 | | An order for support entered under this Section shall also | 8 | | include a
provision requiring the obligor and obligee parents | 9 | | to advise each other of a
change in residence within 5 days of | 10 | | the change except when the court finds
that the physical, | 11 | | mental, or emotional health of a party or of a minor child,
or | 12 | | both, would be seriously endangered by disclosure of the | 13 | | party's address.
| 14 | | (g) An order for support entered or modified in a case in | 15 | | which a party is
receiving child support enforcement services | 16 | | under Article X of the Illinois
Public Aid Code shall include a | 17 | | provision requiring the noncustodial parent to
notify the | 18 | | Department of Healthcare and Family Services, within 7 days, of | 19 | | the name and
address of any new employer of the noncustodial | 20 | | parent, whether the
noncustodial parent has access to health | 21 | | insurance coverage through the
employer or other group coverage | 22 | | and, if so, the policy name and number
and the names of persons | 23 | | covered under the policy.
| 24 | | (h) In any subsequent action to enforce an order for | 25 | | support entered under
this Act, upon sufficient showing that | 26 | | diligent effort has been made to
ascertain the location of the |
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| 1 | | noncustodial parent, service of process or
provision of notice | 2 | | necessary in that action may be made at the last known
address | 3 | | of the noncustodial parent, in any manner expressly provided by | 4 | | the
Code of Civil Procedure or in this Act, which service shall | 5 | | be sufficient for
purposes of due process.
| 6 | | (i) An order for support shall include a date on which the | 7 | | current support
obligation terminates. The termination date | 8 | | shall be no earlier than the date
on which the child covered by | 9 | | the order will attain the age of 18. However, if
the child will | 10 | | not graduate from high school until after attaining the age of
| 11 | | 18, then the termination date shall be no earlier than the | 12 | | earlier of the date
on which the child's high school graduation | 13 | | will occur or the date on which the
child will attain the age | 14 | | of 19. The order for support shall state that the
termination | 15 | | date does not apply to any arrearage that may remain unpaid on | 16 | | that
date. Nothing in this subsection shall be construed to | 17 | | prevent the court from
modifying the order or terminating the | 18 | | order in the event the child is
otherwise emancipated.
| 19 | | (i-5) If there is an unpaid arrearage or delinquency (as | 20 | | those terms are defined in the Income Withholding for Support | 21 | | Act) equal to at least one month's support obligation on the | 22 | | termination date stated in the order for support or, if there | 23 | | is no termination date stated in the order, on the date the | 24 | | child attains the age of majority or is otherwise emancipated, | 25 | | the periodic amount required to be paid for current support of | 26 | | that child immediately prior to that date shall automatically |
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| 1 | | continue to be an obligation, not as current support but as | 2 | | periodic payment toward satisfaction of the unpaid arrearage or | 3 | | delinquency. That periodic payment shall be in addition to any | 4 | | periodic payment previously required for satisfaction of the | 5 | | arrearage or delinquency. The total periodic amount to be paid | 6 | | toward satisfaction of the arrearage or delinquency may be | 7 | | enforced and collected by any method provided by law for | 8 | | enforcement and collection of child support, including but not | 9 | | limited to income withholding under the Income Withholding for | 10 | | Support Act. Each order for support entered or modified on or | 11 | | after the effective date of this amendatory Act of the 93rd | 12 | | General Assembly must contain a statement notifying the parties | 13 | | of the requirements of this subsection. Failure to include the | 14 | | statement in the order for support does not affect the validity | 15 | | of the order or the operation of the provisions of this | 16 | | subsection with regard to the order. This subsection shall not | 17 | | be construed to prevent or affect the establishment or | 18 | | modification of an order for support of a minor child or the | 19 | | establishment or modification of an order for support of a | 20 | | non-minor child or educational expenses under Section 513 of | 21 | | the Illinois Marriage and Dissolution of Marriage Act.
| 22 | | (j) A support obligation, or any portion of a support | 23 | | obligation, which
becomes due and remains unpaid as of the end | 24 | | of each month, excluding the child support that was due for | 25 | | that month to the extent that it was not paid in that month, | 26 | | shall accrue simple interest
as set forth in Section 12-109 of |
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| 1 | | the Code of Civil Procedure.
An order for support entered or | 2 | | modified on or after January 1, 2006 shall
contain a statement | 3 | | that a support obligation required under the order, or any
| 4 | | portion of a support obligation required under the order, that | 5 | | becomes due and
remains unpaid as of the end of each month, | 6 | | excluding the child support that was due for that month to the | 7 | | extent that it was not paid in that month, shall accrue simple | 8 | | interest as set forth in Section 12-109 of the Code of Civil | 9 | | Procedure. Failure to include the statement in the order for | 10 | | support does
not affect the validity of the order or the | 11 | | accrual of interest as provided in
this Section.
| 12 | | (Source: P.A. 97-186, eff. 7-22-11.)
| 13 | | Section 20. The Illinois Parentage Act of 1984 is amended | 14 | | by changing Section 15 as follows:
| 15 | | (750 ILCS 45/15) (from Ch. 40, par. 2515)
| 16 | | Sec. 15. Enforcement of Judgment or Order.
| 17 | | (a) If existence of the
parent and child relationship is | 18 | | declared, or paternity or duty of support
has been established | 19 | | under this Act or under prior law or under the law
of any other | 20 | | jurisdiction, the judgment rendered thereunder may be enforced
| 21 | | in the same or other proceedings by any party or any person or | 22 | | agency that
has furnished or may furnish financial assistance | 23 | | or services to the child.
The Income Withholding for Support | 24 | | Act and Sections 14 and 16 of this Act shall
also be applicable |
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| 1 | | with respect
to entry, modification and enforcement of any | 2 | | support judgment entered
under provisions of the "Paternity | 3 | | Act", approved July 5, 1957, as amended,
repealed July 1, 1985.
| 4 | | (b) Failure to comply with any order of the court shall be | 5 | | punishable
as contempt as in other cases of failure to comply | 6 | | under the "Illinois
Marriage and Dissolution of Marriage Act", | 7 | | as now or hereafter amended. In
addition to other penalties | 8 | | provided by law, the court may, after finding
the party guilty | 9 | | of contempt, order that the party be:
| 10 | | (1) Placed on probation with such conditions of | 11 | | probation as the
court deems advisable;
| 12 | | (2) Sentenced to periodic imprisonment for a period not | 13 | | to exceed 6
months. However, the court may permit the party | 14 | | to be released for periods
of time during the day or night | 15 | | to work or conduct business or other
self-employed | 16 | | occupation. The court may further order any part of all the
| 17 | | earnings of a party during a sentence of periodic | 18 | | imprisonment to be paid to
the Clerk of the Circuit Court | 19 | | or to the person or parent having custody of
the minor | 20 | | child for the support of said child until further order of | 21 | | the court.
| 22 | | (2.5) The court may also pierce the ownership veil of a | 23 | | person, persons,
or
business entity to discover assets of a | 24 | | non-custodial parent held in the name
of that person, those | 25 | | persons, or that business entity if there is a unity of
| 26 | | interest and ownership sufficient to render no financial |
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| 1 | | separation between the
non-custodial parent and that | 2 | | person, those persons, or the business entity.
The | 3 | | following circumstances are sufficient for a court to order | 4 | | discovery of
the assets of a person, persons, or business | 5 | | entity and to compel the
application of any discovered | 6 | | assets toward payment on the judgment for
support:
| 7 | | (A) the non-custodial parent and the person, | 8 | | persons, or business entity
maintain records together.
| 9 | | (B) the non-custodial parent and the person, | 10 | | persons, or business entity
fail to maintain an arms | 11 | | length relationship between themselves with regard to
| 12 | | any assets.
| 13 | | (C) the non-custodial parent transfers assets to | 14 | | the person, persons,
or business entity with the intent | 15 | | to perpetrate a fraud on the custodial
parent.
| 16 | | With respect to assets which are real property, no | 17 | | order entered under
this subdivision (2.5) shall affect the | 18 | | rights of bona fide purchasers,
mortgagees, judgment | 19 | | creditors, or other lien holders who acquire their
| 20 | | interests in the property prior to the time a notice of lis | 21 | | pendens pursuant to
the Code of Civil Procedure or a copy | 22 | | of the order is placed of record in the
office of the | 23 | | recorder of deeds for the county in which the real property | 24 | | is
located.
| 25 | | (3) The court may also order that in cases where the | 26 | | party is 90 days or
more delinquent in payment of support |
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| 1 | | or has been adjudicated in arrears in an
amount equal to 90 | 2 | | days obligation or more, that the party's
Illinois driving | 3 | | privileges be suspended until the court
determines that the | 4 | | party is in compliance with the judgement or duty of
| 5 | | support. The court may also order that the parent be issued | 6 | | a family
financial responsibility driving permit that | 7 | | would allow limited
driving privileges for employment and | 8 | | medical purposes in
accordance with Section 7-702.1 of the | 9 | | Illinois Vehicle Code.
The clerk of the circuit court shall | 10 | | certify the order suspending
the driving privileges of the | 11 | | 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. Upon receipt of the
| 14 | | authenticated documents, the
Secretary of State shall | 15 | | suspend the party's driving privileges until further
order | 16 | | of the court and shall, if ordered
by the court, subject to | 17 | | the provisions of Section 7-702.1 of the Illinois
Vehicle | 18 | | Code, issue a family financial responsibility
driving | 19 | | permit to the 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 15.1 of this Act.
| 6 | | (b-5) If a party who is found guilty of contempt for a | 7 | | failure to comply with an order to pay support is a person who | 8 | | conducts a business or who is self-employed, the court may in | 9 | | addition to other penalties provided by law order that the | 10 | | party do one or more of the following: (i) provide to the court | 11 | | monthly financial statements showing income and expenses from | 12 | | the business or the self-employment; (ii) seek employment and | 13 | | report periodically to the court with a diary, listing, or | 14 | | other memorandum of his or her employment search efforts; or | 15 | | (iii) report to the Department of Employment Security for job | 16 | | search services to find employment that will be subject to | 17 | | withholding of child support. | 18 | | (c) In any post-judgment proceeding to enforce or modify | 19 | | the judgment
the parties shall continue to be designated as in | 20 | | the original proceeding.
| 21 | | (Source: P.A. 91-357, eff. 7-29-99; 92-16, eff. 6-28-01.)
| 22 | | Section 99. Effective date. This Act takes effect January | 23 | | 1, 2013.
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