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90_HB2272
750 ILCS 5/505 from Ch. 40, par. 505
750 ILCS 15/1 from Ch. 40, par. 1101
750 ILCS 45/15 from Ch. 40, par. 2515
Amends the Non-Support of Spouse and Children Act.
Provides that a person found guilty under provisions making
failure to pay support a Class A misdemeanor may be sentenced
to participate in a supervised work program administered by
the Illinois Department of Public Aid through contract.
Provides that the program shall be conducted on weekends and
holidays, with a required fee from participants based on
income to offset costs, and consist of outdoor cleaning and
other duties while wearing brightly colored clothing.
Authorizes the Department to adopt rules to implement the
program. Amends the Illinois Marriage and Dissolution of
Marriage Act, and the Illinois Parentage Act of 1984 to
reference the program.
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1 AN ACT concerning failure to pay support.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Marriage and Dissolution of
5 Marriage 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
9 separation, declaration of invalidity of marriage, a
10 proceeding for child support following dissolution of the
11 marriage by a court which lacked personal jurisdiction over
12 the absent spouse, a proceeding for modification of a
13 previous order for child support under Section 510 of this
14 Act, or any proceeding authorized under Section 501 or 601 of
15 this Act, the court may order either or both parents owing a
16 duty of support to a child of the marriage to pay an amount
17 reasonable and necessary for his support, without regard to
18 marital misconduct. The duty of support owed to a minor
19 child includes the obligation to provide for the reasonable
20 and necessary physical, mental and emotional health needs of
21 the child.
22 (1) The Court shall determine the minimum amount of
23 support by using the following guidelines:
24 Number of Children Percent of Supporting Party's
25 Net Income
26 1 20%
27 2 25%
28 3 32%
29 4 40%
30 5 45%
31 6 or more 50%
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1 (2) The above guidelines shall be applied in each
2 case unless the court makes a finding that application of
3 the guidelines would be inappropriate, after considering
4 the best interests of the child in light of evidence
5 including but not limited to one or more of the following
6 relevant factors:
7 (a) the financial resources and needs of the
8 child;
9 (b) the financial resources and needs of the
10 custodial parent;
11 (c) the standard of living the child would
12 have enjoyed had the marriage not been dissolved;
13 (d) the physical and emotional condition of
14 the child, and his educational needs; and
15 (e) the financial resources and needs of the
16 non-custodial parent.
17 If the court deviates from the guidelines, the
18 court's finding shall state the amount of support that
19 would have been required under the guidelines, if
20 determinable. The court shall include the reason or
21 reasons for the variance from the guidelines.
22 (3) "Net income" is defined as the total of all
23 income from all sources, minus the following deductions:
24 (a) Federal income tax (properly calculated
25 withholding or estimated payments);
26 (b) State income tax (properly calculated
27 withholding or estimated payments);
28 (c) Social Security (FICA payments);
29 (d) Mandatory retirement contributions
30 required by law or as a condition of employment;
31 (e) Union dues;
32 (f) Dependent and individual
33 health/hospitalization insurance premiums;
34 (g) Prior obligations of support or
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1 maintenance actually paid pursuant to a court order;
2 (h) Expenditures for repayment of debts that
3 represent reasonable and necessary expenses for the
4 production of income, medical expenditures necessary
5 to preserve life or health, reasonable expenditures
6 for the benefit of the child and the other parent,
7 exclusive of gifts. The court shall reduce net
8 income in determining the minimum amount of support
9 to be ordered only for the period that such payments
10 are due and shall enter an order containing
11 provisions for its self-executing modification upon
12 termination of such payment period.
13 (4) In cases where the court order provides for
14 health/hospitalization insurance coverage pursuant to
15 Section 505.2 of this Act, the premiums for that
16 insurance, or that portion of the premiums for which the
17 supporting party is responsible in the case of insurance
18 provided through an employer's health insurance plan
19 where the employer pays a portion of the premiums, shall
20 be subtracted from net income in determining the minimum
21 amount of support to be ordered.
22 (4.5) In a proceeding for child support following
23 dissolution of the marriage by a court that lacked
24 personal jurisdiction over the absent spouse, and in
25 which the court is requiring payment of support for the
26 period before the date an order for current support is
27 entered, there is a rebuttable presumption that the
28 supporting party's net income for the prior period was
29 the same as his or her net income at the time the order
30 for current support is entered.
31 (5) If the net income cannot be determined because
32 of default or any other reason, the court shall order
33 support in an amount considered reasonable in the
34 particular case. The final order in all cases shall
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1 state the support level in dollar amounts.
2 (b) Failure of either parent to comply with an order to
3 pay support shall be punishable as in other cases of
4 contempt. In addition to other penalties provided by law the
5 Court may, after finding the parent guilty of contempt, order
6 that the parent be:
7 (1) placed on probation with such conditions of
8 probation as the Court deems advisable;
9 (2) sentenced to periodic imprisonment for a period
10 not to exceed 6 months; provided, however, that the Court
11 may permit the parent to be released for periods of time
12 during the day or night to:
13 (A) work; or
14 (B) conduct a business or other self-employed
15 occupation.
16 The Court may further order any part or all of the
17 earnings of a parent during a sentence of periodic
18 imprisonment paid to the Clerk of the Circuit Court or to the
19 parent having custody or to the guardian having custody of
20 the minor children of the sentenced parent for the support of
21 said minor children until further order of the Court.
22 The court may also order in cases where the parent is 90
23 days or more delinquent in payment of support or has been
24 adjudicated in arrears in an amount equal to 90 days
25 obligation or more, that the parent's Illinois driving
26 privileges be suspended until the court determines that the
27 parent is in compliance with the order of support. The court
28 may also order that the parent be issued a family financial
29 responsibility driving permit that would allow limited
30 driving privileges for employment and medical purposes in
31 accordance with Section 7-702.1 of the Illinois Vehicle Code.
32 The clerk of the circuit court shall certify the order
33 suspending the driving privileges of the parent or granting
34 the issuance of a family financial responsibility driving
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1 permit to the Secretary of State on forms prescribed by the
2 Secretary. Upon receipt of the authenticated documents, the
3 Secretary of State shall suspend the parent's driving
4 privileges until further order of the court and shall, if
5 ordered by the court, subject to the provisions of Section
6 7-702.1 of the Illinois Vehicle Code, issue a family
7 financial responsibility driving permit to the parent.
8 In addition to the penalties or punishment that may be
9 imposed under this Section, any conduct which constitutes a
10 violation of Section 1 of the Non-Support of Spouse and
11 Children Act may be prosecuted under that Section and a
12 person convicted under that Section may be sentenced in
13 accordance with that Section. The sentence may include but
14 shall not be limited to a requirement that the person
15 participate in a supervised work program under that Section.
16 (c) A one-time charge of 20% is imposable upon the
17 amount of past-due child support owed on July 1, 1988 which
18 has accrued under a support order entered by the court. The
19 charge shall be imposed in accordance with the provisions of
20 Section 10-21 of the Illinois Public Aid Code and shall be
21 enforced by the court upon petition.
22 (d) Any new or existing support order entered by the
23 court under this Section shall be deemed to be a series of
24 judgments against the person obligated to pay support
25 thereunder, each such judgment to be in the amount of each
26 payment or installment of support and each such judgment to
27 be deemed entered as of the date the corresponding payment or
28 installment becomes due under the terms of the support order.
29 Each such judgment shall have the full force, effect and
30 attributes of any other judgment of this State, including the
31 ability to be enforced.
32 (e) When child support is to be paid through the clerk
33 of the court in a county of 1,000,000 inhabitants or less,
34 the order shall direct the obligor to pay to the clerk, in
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1 addition to the child support payments, all fees imposed by
2 the county board under paragraph (3) of subsection (u) of
3 Section 27.1 of the Clerks of Courts Act. Unless paid in
4 cash or pursuant to an order for withholding, the payment of
5 the fee shall be by a separate instrument from the support
6 payment and shall be made to the order of the Clerk.
7 (f) An order for support entered or modified in a case
8 in which a party is receiving child and spouse support
9 services under Article X of the Illinois Public Aid Code
10 shall include a provision requiring the obligor to notify the
11 Illinois Department of Public Aid, within 7 days, (i) of the
12 name and address of any new employer of the obligor, (ii)
13 whether the obligor has access to health insurance coverage
14 through the employer or other group coverage, and (iii) if
15 so, the policy name and number and the names of persons
16 covered under the policy.
17 (g) An order for support shall include a date on which
18 the current support obligation terminates. The termination
19 date shall be no earlier than the date on which the child
20 covered by the order will attain the age of majority or is
21 otherwise emancipated. The order for support shall state
22 that the termination date does not apply to any arrearage
23 that may remain unpaid on that date. Nothing in this
24 subsection shall be construed to prevent the court from
25 modifying the order.
26 (Source: P.A. 88-307; 88-687, eff. 1-24-95; 89-88, eff.
27 6-30-95; 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.)
28 Section 10. The Non-Support of Spouse and Children Act
29 is amended by changing Section 1 as follows:
30 (750 ILCS 15/1) (from Ch. 40, par. 1101)
31 Sec. 1. Every person who shall, without any lawful
32 excuse, neglect or refuse to provide for the support or
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1 maintenance of his spouse, said spouse being in need of such
2 support or maintenance, or any person who shall, without
3 lawful excuse, desert or neglect or refuse to provide for the
4 support or maintenance of his or her child or children under
5 the age of 18 years, in need of such support or maintenance,
6 shall be deemed guilty of a Class A misdemeanor and shall be
7 liable under the provisions of the "Public Aid Code of
8 Illinois", approved April 11, 1967, to the Supervisor of
9 General Assistance or to the Illinois Department of Public
10 Aid, as the case may be, in a civil action, for the amount of
11 general assistance or assistance provided to his spouse or
12 children, or both his spouse and children.
13 A person found guilty under this Section may also be
14 sentenced to participate in a supervised work program
15 administered by the Illinois Department of Public Aid through
16 contract with the operator of the program. The Department of
17 Public Aid may contract with any entity for the operation of
18 this program, including a County Sheriff's Department. The
19 components of the program include, but are not limited to,
20 the following:
21 (1) The program shall be conducted on weekends and
22 holidays, beginning early each morning, and shall consist of
23 duties as assigned by the program operator, including, among
24 other duties, cleaning up roadsides and the edges of
25 waterways.
26 (2) The court shall determine the number of days a
27 person found guilty under this Section shall participate in
28 the supervised work program.
29 (3) Each participant shall be assessed a fee, based on a
30 sliding scale according to income, to offset the cost of
31 running the program.
32 (4) Participants shall be attired in brightly colored
33 uniforms that readily identify them as persons who have
34 failed to comply with a support obligation.
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1 (5) Participants shall be informed of the rules of
2 behavior and conduct and shall be required to adhere to all
3 program rules and requirements.
4 (6) Participants must be physically able to participate
5 in the work activity and must not have any mental disorder of
6 disability that would prevent participation in the supervised
7 work program.
8 The Department of Public Aid shall adopt rules to
9 implement the supervised work program.
10 (Source: P.A. 77-2528.)
11 Section 15. The Illinois Parentage Act of 1984 is
12 amended by changing Section 15 as follows:
13 (750 ILCS 45/15) (from Ch. 40, par. 2515)
14 Sec. 15. Enforcement of Judgment or Order.
15 (a) If existence of the parent and child relationship is
16 declared, or paternity or duty of support has been
17 established under this Act or under prior law or under the
18 law of any other jurisdiction, the judgment rendered
19 thereunder may be enforced in the same or other proceedings
20 by any party or any person or agency that has furnished or
21 may furnish financial assistance or services to the child.
22 Sections 14, 16 and 20 of this Act shall also be applicable
23 with respect to entry, modification and enforcement of any
24 support judgment entered under provisions of the "Paternity
25 Act", approved July 5, 1957, as amended, repealed July 1,
26 1985.
27 (b) Failure to comply with any order of the court shall
28 be punishable as contempt as in other cases of failure to
29 comply under the "Illinois Marriage and Dissolution of
30 Marriage Act", as now or hereafter amended. In addition to
31 other penalties provided by law, the court may, after finding
32 the party guilty of contempt, order that the party be:
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1 (1) Placed on probation with such conditions of
2 probation as the court deems advisable;
3 (2) Sentenced to periodic imprisonment for a period
4 not to exceed 6 months. However, the court may permit
5 the party to be released for periods of time during the
6 day or night to work or conduct business or other
7 self-employed occupation. The court may further order
8 any part of all the earnings of a party during a sentence
9 of periodic imprisonment to be paid to the Clerk of the
10 Circuit Court or to the person or parent having custody
11 of the minor child for the support of said child until
12 further order of the court.
13 (3) The court may also order that in cases where
14 the party is 90 days or more delinquent in payment of
15 support or has been adjudicated in arrears in an amount
16 equal to 90 days obligation or more, that the party's
17 Illinois driving privileges be suspended until the court
18 determines that the party is in compliance with the
19 judgement or duty of support. The court may also order
20 that the parent be issued a family financial
21 responsibility driving permit that would allow limited
22 driving privileges for employment and medical purposes in
23 accordance with Section 7-702.1 of the Illinois Vehicle
24 Code. The clerk of the circuit court shall certify the
25 order suspending the driving privileges of the parent or
26 granting the issuance of a family financial
27 responsibility driving permit to the Secretary of State
28 on forms prescribed by the Secretary. Upon receipt of the
29 authenticated documents, the Secretary of State shall
30 suspend the party's driving privileges until further
31 order of the court and shall, if ordered by the court,
32 subject to the provisions of Section 7-702.1 of the
33 Illinois Vehicle Code, issue a family financial
34 responsibility driving permit to the parent.
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1 In addition to the penalties or punishment that may be
2 imposed under this Section, any conduct which constitutes a
3 violation of Section 1 of the Non-Support of Spouse and
4 Children Act may be prosecuted under that Section and a
5 person convicted under that Section may be sentenced in
6 accordance with that Section. The sentence may include but
7 shall not be limited to a requirement that the person
8 participate in a supervised work program under that Section.
9 (c) In any post-judgment proceeding to enforce or modify
10 the judgment the parties shall continue to be designated as
11 in the original proceeding.
12 (Source: P.A. 89-92, eff. 7-1-96.)