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750 ILCS 16/15
(750 ILCS 16/15)
Sec. 15.
Failure to support.
(a) A person commits the offense of failure to support when he or she:
(1) willfully, without any lawful excuse, refuses to | | provide for the support or maintenance of his or her spouse, with the knowledge that the spouse is in need of such support or maintenance, or, without lawful excuse, deserts or willfully refuses to provide for the support or maintenance of his or her child or children in need of support or maintenance and the person has the ability to provide the support; or
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(2) willfully fails to pay a support obligation
| | required under a court or administrative order for support, if the obligation has remained unpaid for a period longer than 6 months, or is in arrears in an amount greater than $5,000, and the person has the ability to provide the support; or
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(3) leaves the State with the intent to evade a
| | support obligation required under a court or administrative order for support, if the obligation, regardless of when it accrued, has remained unpaid for a period longer than 6 months, or is in arrears in an amount greater than $10,000; or
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(4) willfully fails to pay a support obligation
| | required under a court or administrative order for support, if the obligation has remained unpaid for a period longer than one year, or is in arrears in an amount greater than $20,000, and the person has the ability to provide the support.
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(a-5) Presumption of ability to pay support. The existence of a court or
administrative order of support that was not based on a default judgment and
was in effect for the time period charged in the indictment or information
creates a rebuttable presumption that the obligor has the ability to pay the
support obligation for that time period.
(b) Sentence. A person convicted of
a first offense under subdivision (a)(1) or (a)(2) is guilty of
a Class A misdemeanor. A person convicted of
an offense under subdivision (a)(3) or (a)(4) or a second or
subsequent offense under subdivision (a)(1) or (a)(2) is guilty of a
Class 4 felony.
(c) Expungement. A person convicted of a first offense under
subdivision (a)(1) or (a)(2) who is eligible for the Earnfare program, shall,
in lieu of the sentence prescribed in subsection (b), be referred to the
Earnfare program. Upon certification of completion of the Earnfare program,
the conviction shall be expunged. If the person fails to successfully complete
the Earnfare program, he or she shall be sentenced in accordance with
subsection (b).
(d) Fine. Sentences of imprisonment and fines for offenses committed
under this Act shall be as provided under Articles 8 and 9 of Chapter V of the
Unified Code of Corrections, except that the court
shall order restitution of all unpaid support payments and
may impose the following fines, alone, or in addition to a sentence of
imprisonment under the following circumstances:
(1) from $1,000 to $5,000 if the support obligation
| | has remained unpaid for a period longer than 2 years, or is in arrears in an amount greater than $1,000 and not exceeding $10,000;
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(2) from $5,000 to $10,000 if the support obligation
| | has remained unpaid for a period longer than 5 years, or is in arrears in an amount greater than $10,000 and not exceeding $20,000; or
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(3) from $10,000 to $25,000 if the support obligation
| | has remained unpaid for a period longer than 8 years, or is in arrears in an amount greater than $20,000.
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(e) Restitution shall be ordered in an amount equal to the total unpaid
support
obligation as it existed at the time of sentencing. Any amounts paid by the
obligor shall be allocated first to current support and then to restitution
ordered and then to fines imposed under this Section.
(f) For purposes of this Act, the term "child" shall have the meaning
ascribed to it
in Section 505 of the Illinois Marriage and Dissolution of Marriage Act.
(Source: P.A. 91-613, eff. 10-1-99; 92-876, eff. 6-1-03.)
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