(b) The court shall determine the amount of child support by using the
guidelines and standards set forth in subsection (a) of Section 505 and in
Section 505.2 of the Illinois Marriage and Dissolution of Marriage Act.
If (i) the non-custodial parent was properly served with a request for
discovery of financial information relating to the non-custodial parent's
ability to provide child support, (ii) the non-custodial parent failed to
comply with the request, despite having been ordered to do so by the court,
and (iii) the non-custodial parent is not present at the hearing to determine
support despite having received proper notice, then any relevant financial
information concerning the non-custodial parent's ability to provide support
that was obtained pursuant to subpoena and proper notice shall be admitted
into evidence without the need to establish any further foundation for its
admission.
(c) The court shall determine the amount of maintenance using the standards
set forth in Section 504 of the Illinois Marriage and Dissolution of Marriage
Act.
(d) The court may, for violation of any order under this Section, punish the
offender as for a contempt of court, but no pendente lite order shall remain in
effect longer than 4 months, or after the discharge of any panel of jurors
summoned for service thereafter in such court, whichever is sooner.
(d-5) If a person who is found guilty of contempt for failure to comply with an order to pay support is a person who conducts a business or who is self-employed, the court may order in addition to other penalties provided by law that the person do one or more of the following: (i) provide to the court monthly financial statements showing income and expenses from the business or the self-employment; (ii) seek employment and report periodically to the court with a diary, listing, or other memorandum of his or her employment search efforts; or (iii) report to the Department of Employment Security for job search services to find employment that will be subject to withholding of child support.
(e) Any order for support entered by the court under this Section shall be
deemed to be a series of judgments against the person obligated to pay support
under the judgments, each such judgment to be in the amount of each payment or
installment of support and each judgment to be deemed entered as of the date
the corresponding payment or installment becomes due under the terms of the
support order. Each judgment shall have the full force, effect, and attributes
of any other judgment of this State, including the ability to be enforced.
Each judgment is subject to modification or termination only in accordance with
Section 510 of the Illinois Marriage and Dissolution of Marriage Act. Notwithstanding any other State or local law to the contrary, a lien
arises by operation of law against the real and personal property of the
noncustodial parent for each installment of overdue support owed by the
noncustodial parent.
(f) An order for support entered under this Section shall include a
provision requiring the obligor to report to the obligee and to the clerk of
the court within 10 days each time the obligor obtains new employment, and each
time the obligor's employment is terminated for any reason. The report shall
be in writing and shall, in the case of new employment, include the name and
address of the new employer.
Failure to report new employment or the termination of current employment,
if coupled with nonpayment of support for a period in excess of 60 days, is
indirect criminal contempt. For any obligor arrested for failure to report new
employment, bond shall be set in the amount of the child support that should
have been paid during the period of unreported
employment.
An order for support entered under this Section shall also include a
provision requiring the obligor and obligee parents to advise each other of a
change in residence within 5 days of the change except when the court finds
that the physical, mental, or emotional health of a party or of a minor child,
or both, would be seriously endangered by disclosure of the party's address.
(g) An order for support entered or modified in a case in which a party is
receiving child support enforcement services under Article X of the Illinois
Public Aid Code shall include a provision requiring the noncustodial parent to
notify the Department of Healthcare and Family Services, within 7 days, of the name and
address of any new employer of the noncustodial parent, whether the
noncustodial parent has access to health insurance coverage through the
employer or other group coverage and, if so, the policy name and number
and the names of persons covered under the policy.
(h) In any subsequent action to enforce an order for support entered under
this Act, upon sufficient showing that diligent effort has been made to
ascertain the location of the noncustodial parent, service of process or
provision of notice necessary in that action may be made at the last known
address of the noncustodial parent, in any manner expressly provided by the
Code of Civil Procedure or in this Act, which service shall be sufficient for
purposes of due process.
(i) An order for support shall include a date on which the current support
obligation terminates. The termination date shall be no earlier than the date
on which the child covered by the order will attain the age of 18. However, if
the child will not graduate from high school until after attaining the age of
18, then the termination date shall be no earlier than the earlier of the date
on which the child's high school graduation will occur or the date on which the
child will attain the age of 19. The order for support shall state that the
termination date does not apply to any arrearage that may remain unpaid on that
date. Nothing in this subsection shall be construed to prevent the court from
modifying the order or terminating the order in the event the child is
otherwise emancipated.
(i-5) If there is an unpaid arrearage or delinquency (as those terms are defined in the Income Withholding for Support Act) equal to at least one month's support obligation on the termination date stated in the order for support or, if there is no termination date stated in the order, on the date the child attains the age of majority or is otherwise emancipated, the periodic amount required to be paid for current support of that child immediately prior to that date shall automatically continue to be an obligation, not as current support but as periodic payment toward satisfaction of the unpaid arrearage or delinquency. That periodic payment shall be in addition to any periodic payment previously required for satisfaction of the arrearage or delinquency. The total periodic amount to be paid toward satisfaction of the arrearage or delinquency may be enforced and collected by any method provided by law for enforcement and collection of child support, including but not limited to income withholding under the Income Withholding for Support Act. Each order for support entered or modified on or after the effective date of this amendatory Act of the 93rd General Assembly must contain a statement notifying the parties of the requirements of this subsection. Failure to include the statement in the order for support does not affect the validity of the order or the operation of the provisions of this subsection with regard to the order. This subsection shall not be construed to prevent or affect the establishment or modification of an order for support of a minor child or the establishment or modification of an order for support of a non-minor child or educational expenses under Section 513 of the Illinois Marriage and Dissolution of Marriage Act.
(j) A support obligation, or any portion of a support obligation, which
becomes due and remains unpaid as of the end of each month, excluding the child support that was due for that month to the extent that it was not paid in that month, shall accrue simple interest
as set forth in Section 12-109 of the Code of Civil Procedure.
An order for support entered or modified on or after January 1, 2006 shall
contain a statement that a support obligation required under the order, or any
portion of a support obligation required under the order, that becomes due and
remains unpaid as of the end of each month, excluding the child support that was due for that month to the extent that it was not paid in that month, shall accrue simple interest as set forth in Section 12-109 of the Code of Civil Procedure. Failure to include the statement in the order for support does
not affect the validity of the order or the accrual of interest as provided in
this Section.
(Source: P.A. 97-186, eff. 7-22-11; 97-1029, eff. 1-1-13.)
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