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90_HB3415enr
625 ILCS 5/3-408 from Ch. 95 1/2, par. 3-408
625 ILCS 5/6-103 from Ch. 95 1/2, par. 6-103
Amends the Vehicle Code to provide that the Secretary of
State may not issue a driver's license or vehicle
registration to any person who is delinquent in court ordered
child support payments or has been adjudicated in arrears and
who has been found in contempt of court for failure to pay
the support.
LRB9010838DJcd
HB3415 Enrolled LRB9010838DJcd
1 AN ACT concerning governmental matters.
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 10-16 as follows:
6 (305 ILCS 5/10-16) (from Ch. 23, par. 10-16)
7 Sec. 10-16. Judicial enforcement of court and
8 administrative support orders.) Court orders entered in
9 proceedings under Section 10-10 and court orders for
10 enforcement of an administrative order under Section 10-15
11 and for the payment of money may be enforced by attachment as
12 for contempt against the persons of the defendants, and in
13 addition, as other judgments for the payment of money, and
14 costs may be adjudged against the defendants and apportioned
15 among them; but if the complaint is dismissed, costs shall be
16 borne by the Illinois Department or the local governmental
17 unit, as the case may be. If a responsible relative is
18 directed by the Illinois Department, or the local
19 governmental unit, under the conditions stated in Section
20 10-8, to make support payments directly to the person, or to
21 some person or agency in his behalf, the court order entered
22 against him under this Section or Section 10-10 may be
23 enforced as herein provided if he thereafter fails to furnish
24 support in accordance with its terms. The State of Illinois
25 shall not be required to make a deposit for or pay any costs
26 or fees of any court or officer thereof in any proceeding
27 instituted under this Section.
28 The provisions of the Civil Practice Law, and all
29 amendments and modifications thereof, shall apply to and
30 govern all actions instituted under this Section and Section
31 10-10. In such actions proof that a person is an applicant
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1 for or recipient of public aid under any Article of this Code
2 shall be prima facie proof that he is a person in necessitous
3 circumstances by reason of infirmity, unemployment or other
4 cause depriving him of the means of a livelihood compatible
5 with health and well-being.
6 Payments under this Section to the Illinois Department
7 pursuant to the Child Support Enforcement Program established
8 by Title IV-D of the Social Security Act shall be paid into
9 the Child Support Enforcement Trust Fund. All other payments
10 under this Section to the Illinois Department shall be
11 deposited in the Public Assistance Recoveries Trust Fund.
12 Disbursements from these funds shall be as provided in
13 Sections 12-9 and 12-10.2 of this Code. Payments received by
14 a local governmental unit shall be deposited in that unit's
15 General Assistance Fund.
16 In addition to the penalties or punishment that may be
17 imposed under this Section, any person whose conduct
18 constitutes a violation of Section 1 of the Non-Support of
19 Spouse and Children Act may be prosecuted under that Section,
20 and a person convicted under that Section may be sentenced in
21 accordance with that Section. The sentence may include but
22 need not be limited to a requirement that the person perform
23 community service under subsection (b) of that Section or
24 participate in a work alternative program under subsection
25 (c) of that Section. A person may not be required to
26 participate in a work alternative program under subsection
27 (c) of that Section if the person is currently participating
28 in a work program pursuant to Section 10-11.1 of this Code.
29 (Source: P.A. 83-1126.)
30 Section 10. The Illinois Vehicle Code is amended by
31 changing Sections 3-408 and 6-103 as follows:
32 (625 ILCS 5/3-408) (from Ch. 95 1/2, par. 3-408)
HB3415 Enrolled -3- LRB9010838DJcd
1 Sec. 3-408. Grounds for refusing registration or
2 certificate of title. The Secretary of State shall refuse
3 registration or any transfer of registration upon any of the
4 following grounds:
5 1. That the application contains any false or fraudulent
6 statement or that the applicant has failed to furnish
7 required information or reasonable additional information
8 requested by the Secretary of State or that the applicant is
9 not entitled to the issuance of a certificate of title or
10 registration of the vehicle under Chapter 3;
11 2. That the Secretary of State has reasonable ground to
12 believe that the vehicle is a stolen or embezzled vehicle or
13 that the granting of registration would constitute a fraud
14 against the rightful owner or other person having valid lien
15 upon such vehicle;
16 3. That the registration of the vehicle stands suspended
17 or revoked for any reason as provided in the motor-vehicle
18 laws of this State;
19 4. That the required fee has not been paid; or
20 5. (a) In the case of medical transport vehicles, that
21 the application does not contain a copy of a completed
22 Vehicle Inspection Report issued by the Department of
23 Transportation which certifies that the vehicle has been
24 determined to be in safe mechanical condition by a safety
25 test administered within the preceding 6 months; and (b) in
26 the case of medical transport vehicles, other than vehicles
27 owned or operated by a unit of local government, proof of
28 financial responsibility; or.
29 6. That the applicant is 90 days or more delinquent in
30 court ordered child support payments or has been adjudicated
31 in arrears in an amount equal to 90 days' obligation or more
32 and has been found in contempt of court for failure to pay
33 the support, subject to the requirements and procedures of
34 Article VII of Chapter 7 of the Illinois Vehicle Code.
HB3415 Enrolled -4- LRB9010838DJcd
1 (Source: P.A. 82-949.)
2 (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
3 Sec. 6-103. What persons shall not be licensed as drivers
4 or granted permits. The Secretary of State shall not issue,
5 renew, or allow the retention of any driver's license nor
6 issue any permit under this Code:
7 1. To any person, as a driver, who is under the age
8 of 18 years except as provided in Section 6-107, and
9 except that an instruction permit may be issued under
10 paragraphs (a) and (b) of Section 6-105 to a child who is
11 not less than 15 years of age if the child is enrolled in
12 an approved driver education course as defined in Section
13 1-103 of this Code and requires an instruction permit to
14 participate therein, except that an instruction permit
15 may be issued under the provisions of Section 6-107.1 to
16 a child who is 17 years and 9 months of age without the
17 child having enrolled in an approved driver education
18 course and except that an instruction permit may be
19 issued to a child who is at least 15 years and 6 months
20 of age, is enrolled in school, meets the educational
21 requirements of the Driver Education Act, and has passed
22 examinations the Secretary of State in his or her
23 discretion may prescribe;
24 2. To any person who is under the age of 18 as an
25 operator of a motorcycle other than a motor driven cycle
26 unless the person has, in addition to meeting the
27 provisions of Section 6-107 of this Code, completed a
28 motorcycle training course approved by the Illinois
29 Department of Transportation and successfully completes
30 the required Secretary of State's motorcycle driver's
31 examination;
32 3. To any person, as a driver, whose driver's
33 license or permit has been suspended, during the
HB3415 Enrolled -5- LRB9010838DJcd
1 suspension, nor to any person whose driver's license or
2 permit has been revoked, except as provided in Sections
3 6-205, 6-206, and 6-208;
4 4. To any person, as a driver, who is a user of
5 alcohol or any other drug to a degree that renders the
6 person incapable of safely driving a motor vehicle;
7 5. To any person, as a driver, who has previously
8 been adjudged to be afflicted with or suffering from any
9 mental or physical disability or disease and who has not
10 at the time of application been restored to competency by
11 the methods provided by law;
12 6. To any person, as a driver, who is required by
13 the Secretary of State to submit an alcohol and drug
14 evaluation or take an examination provided for in this
15 Code unless the person has successfully passed the
16 examination and submitted any required evaluation;
17 7. To any person who is required under the
18 provisions of the laws of this State to deposit security
19 or proof of financial responsibility and who has not
20 deposited the security or proof;
21 8. To any person when the Secretary of State has
22 good cause to believe that the person by reason of
23 physical or mental disability would not be able to safely
24 operate a motor vehicle upon the highways, unless the
25 person shall furnish to the Secretary of State a verified
26 written statement, acceptable to the Secretary of State,
27 from a competent medical specialist to the effect that
28 the operation of a motor vehicle by the person would not
29 be inimical to the public safety;
30 9. To any person, as a driver, who is 69 years of
31 age or older, unless the person has successfully complied
32 with the provisions of Section 6-109;
33 10. To any person convicted, within 12 months of
34 application for a license, of any of the sexual offenses
HB3415 Enrolled -6- LRB9010838DJcd
1 enumerated in paragraph 2 of subsection (b) of Section
2 6-205;
3 11. To any person who is under the age of 21 years
4 with a classification prohibited in paragraph (b) of
5 Section 6-104 and to any person who is under the age of
6 18 years with a classification prohibited in paragraph
7 (c) of Section 6-104;
8 12. To any person who has been either convicted of
9 or adjudicated under the Juvenile Court Act of 1987 based
10 upon a violation of the Cannabis Control Act or the
11 Illinois Controlled Substances Act while that person was
12 in actual physical control of a motor vehicle. For
13 purposes of this Section, any person placed on probation
14 under Section 10 of the Cannabis Control Act or Section
15 410 of the Illinois Controlled Substances Act shall not
16 be considered convicted. Any person found guilty of this
17 offense, while in actual physical control of a motor
18 vehicle, shall have an entry made in the court record by
19 the judge that this offense did occur while the person
20 was in actual physical control of a motor vehicle and
21 order the clerk of the court to report the violation to
22 the Secretary of State as such. The Secretary of State
23 shall not issue a new license or permit for a period of
24 one year; or
25 13. To any person who is under the age of 18 years
26 and who has committed the offense of operating a motor
27 vehicle without a valid license or permit in violation of
28 Section 6-101; or.
29 14. To any person who is 90 days or more delinquent
30 in court ordered child support payments or has been
31 adjudicated in arrears in an amount equal to 90 days'
32 obligation or more and who has been found in contempt of
33 court for failure to pay the support, subject to the
34 requirements and procedures of Article VII of Chapter 7
HB3415 Enrolled -7- LRB9010838DJcd
1 of the Illinois Vehicle Code.
2 The Secretary of State shall retain all conviction
3 information, if the information is required to be held
4 confidential under the Juvenile Court Act of 1987.
5 (Source: P.A. 90-369, eff. 1-1-98.)
6 Section 25. The Illinois Marriage and Dissolution of
7 Marriage Act is amended by changing Section 505 as follows:
8 (750 ILCS 5/505) (from Ch. 40, par. 505)
9 (Text of Section before amendment by P.A. 90-539)
10 Sec. 505. Child support; contempt; penalties.
11 (a) In a proceeding for dissolution of marriage, legal
12 separation, declaration of invalidity of marriage, a
13 proceeding for child support following dissolution of the
14 marriage by a court which lacked personal jurisdiction over
15 the absent spouse, a proceeding for modification of a
16 previous order for child support under Section 510 of this
17 Act, or any proceeding authorized under Section 501 or 601 of
18 this Act, the court may order either or both parents owing a
19 duty of support to a child of the marriage to pay an amount
20 reasonable and necessary for his support, without regard to
21 marital misconduct. The duty of support owed to a minor
22 child includes the obligation to provide for the reasonable
23 and necessary physical, mental and emotional health needs of
24 the child.
25 (1) The Court shall determine the minimum amount of
26 support by using the following guidelines:
27 Number of Children Percent of Supporting Party's
28 Net Income
29 1 20%
30 2 25%
31 3 32%
32 4 40%
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1 5 45%
2 6 or more 50%
3 (2) The above guidelines shall be applied in each
4 case unless the court makes a finding that application of
5 the guidelines would be inappropriate, after considering
6 the best interests of the child in light of evidence
7 including but not limited to one or more of the following
8 relevant factors:
9 (a) the financial resources and needs of the
10 child;
11 (b) the financial resources and needs of the
12 custodial parent;
13 (c) the standard of living the child would
14 have enjoyed had the marriage not been dissolved;
15 (d) the physical and emotional condition of
16 the child, and his educational needs; and
17 (e) the financial resources and needs of the
18 non-custodial parent.
19 If the court deviates from the guidelines, the
20 court's finding shall state the amount of support that
21 would have been required under the guidelines, if
22 determinable. The court shall include the reason or
23 reasons for the variance from the guidelines.
24 (3) "Net income" is defined as the total of all
25 income from all sources, minus the following deductions:
26 (a) Federal income tax (properly calculated
27 withholding or estimated payments);
28 (b) State income tax (properly calculated
29 withholding or estimated payments);
30 (c) Social Security (FICA payments);
31 (d) Mandatory retirement contributions
32 required by law or as a condition of employment;
33 (e) Union dues;
34 (f) Dependent and individual
HB3415 Enrolled -9- LRB9010838DJcd
1 health/hospitalization insurance premiums;
2 (g) Prior obligations of support or
3 maintenance actually paid pursuant to a court order;
4 (h) Expenditures for repayment of debts that
5 represent reasonable and necessary expenses for the
6 production of income, medical expenditures necessary
7 to preserve life or health, reasonable expenditures
8 for the benefit of the child and the other parent,
9 exclusive of gifts. The court shall reduce net
10 income in determining the minimum amount of support
11 to be ordered only for the period that such payments
12 are due and shall enter an order containing
13 provisions for its self-executing modification upon
14 termination of such payment period.
15 (4) In cases where the court order provides for
16 health/hospitalization insurance coverage pursuant to
17 Section 505.2 of this Act, the premiums for that
18 insurance, or that portion of the premiums for which the
19 supporting party is responsible in the case of insurance
20 provided through an employer's health insurance plan
21 where the employer pays a portion of the premiums, shall
22 be subtracted from net income in determining the minimum
23 amount of support to be ordered.
24 (4.5) In a proceeding for child support following
25 dissolution of the marriage by a court that lacked
26 personal jurisdiction over the absent spouse, and in
27 which the court is requiring payment of support for the
28 period before the date an order for current support is
29 entered, there is a rebuttable presumption that the
30 supporting party's net income for the prior period was
31 the same as his or her net income at the time the order
32 for current support is entered.
33 (5) If the net income cannot be determined because
34 of default or any other reason, the court shall order
HB3415 Enrolled -10- LRB9010838DJcd
1 support in an amount considered reasonable in the
2 particular case. The final order in all cases shall
3 state the support level in dollar amounts.
4 (b) Failure of either parent to comply with an order to
5 pay support shall be punishable as in other cases of
6 contempt. In addition to other penalties provided by law the
7 Court may, after finding the parent guilty of contempt, order
8 that the parent be:
9 (1) placed on probation with such conditions of
10 probation as the Court deems advisable;
11 (2) sentenced to periodic imprisonment for a period
12 not to exceed 6 months; provided, however, that the Court
13 may permit the parent to be released for periods of time
14 during the day or night to:
15 (A) work; or
16 (B) conduct a business or other self-employed
17 occupation.
18 The Court may further order any part or all of the
19 earnings of a parent during a sentence of periodic
20 imprisonment paid to the Clerk of the Circuit Court or to the
21 parent having custody or to the guardian having custody of
22 the minor children of the sentenced parent for the support of
23 said minor children until further order of the Court.
24 If there is a unity of interest and ownership sufficient
25 to render no financial separation between a non-custodial
26 parent and another person or persons or business entity, the
27 court may pierce the ownership veil of the person, persons,
28 or business entity to discover assets of the non-custodial
29 parent held in the name of that person, those persons, or
30 that business entity. The following circumstances are
31 sufficient to authorize a court to order discovery of the
32 assets of a person, persons, or business entity and to compel
33 the application of any discovered assets toward payment on
34 the judgment for support:
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1 (1) the non-custodial parent and the person,
2 persons, or business entity maintain records together.
3 (2) the non-custodial parent and the person,
4 persons, or business entity fail to maintain an arms
5 length relationship between themselves with regard to any
6 assets.
7 (3) the non-custodial parent transfers assets to
8 the person, persons, or business entity with the intent
9 to perpetrate a fraud on the custodial parent.
10 With respect to assets which are real property, no order
11 entered under this paragraph shall affect the rights of bona
12 fide purchasers, mortgagees, judgment creditors, or other
13 lien holders who acquire their interests in the property
14 prior to the time a notice of lis pendens pursuant to the
15 Code of Civil Procedure or a copy of the order is placed of
16 record in the office of the recorder of deeds for the county
17 in which the real property is located.
18 The court may also order in cases where the parent is 90
19 days or more delinquent in payment of support or has been
20 adjudicated in arrears in an amount equal to 90 days
21 obligation or more, that the parent's Illinois driving
22 privileges be suspended until the court determines that the
23 parent is in compliance with the order of support. The court
24 may also order that the parent be issued a family financial
25 responsibility driving permit that would allow limited
26 driving privileges for employment and medical purposes in
27 accordance with Section 7-702.1 of the Illinois Vehicle Code.
28 The clerk of the circuit court shall certify the order
29 suspending the driving privileges of the parent or granting
30 the issuance of a family financial responsibility driving
31 permit to the Secretary of State on forms prescribed by the
32 Secretary. Upon receipt of the authenticated documents, the
33 Secretary of State shall suspend the parent's driving
34 privileges until further order of the court and shall, if
HB3415 Enrolled -12- LRB9010838DJcd
1 ordered by the court, subject to the provisions of Section
2 7-702.1 of the Illinois Vehicle Code, issue a family
3 financial responsibility driving permit to the parent.
4 In addition to the penalties or punishment that may be
5 imposed under this Section, any person whose conduct
6 constitutes a violation of Section 1 of the Non-Support of
7 Spouse and Children Act may be prosecuted under that Section,
8 and a person convicted under that Section may be sentenced in
9 accordance with that Section. The sentence may include but
10 need not be limited to a requirement that the person perform
11 community service under subsection (b) of that Section or
12 participate in a work alternative program under subsection
13 (c) of that Section. A person may not be required to
14 participate in a work alternative program under subsection
15 (c) of that Section if the person is currently participating
16 in a work program pursuant to Section 505.1 of this Act.
17 (c) A one-time charge of 20% is imposable upon the
18 amount of past-due child support owed on July 1, 1988 which
19 has accrued under a support order entered by the court. The
20 charge shall be imposed in accordance with the provisions of
21 Section 10-21 of the Illinois Public Aid Code and shall be
22 enforced by the court upon petition.
23 (d) Any new or existing support order entered by the
24 court under this Section shall be deemed to be a series of
25 judgments against the person obligated to pay support
26 thereunder, each such judgment to be in the amount of each
27 payment or installment of support and each such judgment to
28 be deemed entered as of the date the corresponding payment or
29 installment becomes due under the terms of the support order.
30 Each such judgment shall have the full force, effect and
31 attributes of any other judgment of this State, including the
32 ability to be enforced. A lien arises by operation of law
33 against the real and personal property of the noncustodial
34 parent for each installment of overdue support owed by the
HB3415 Enrolled -13- LRB9010838DJcd
1 noncustodial parent.
2 (e) When child support is to be paid through the clerk
3 of the court in a county of 1,000,000 inhabitants or less,
4 the order shall direct the obligor to pay to the clerk, in
5 addition to the child support payments, all fees imposed by
6 the county board under paragraph (3) of subsection (u) of
7 Section 27.1 of the Clerks of Courts Act. Unless paid in
8 cash or pursuant to an order for withholding, the payment of
9 the fee shall be by a separate instrument from the support
10 payment and shall be made to the order of the Clerk.
11 (f) All orders for support, when entered or modified,
12 shall include a provision requiring the obligor to notify the
13 court and, in cases in which a party is receiving child and
14 spouse services under Article X of the Illinois Public Aid
15 Code, the Illinois Department of Public Aid, within 7 days,
16 (i) of the name and address of any new employer of the
17 obligor, (ii) whether the obligor has access to health
18 insurance coverage through the employer or other group
19 coverage and, if so, the policy name and number and the names
20 of persons covered under the policy, and (iii) of any new
21 residential or mailing address or telephone number of the
22 non-custodial parent. In any subsequent action to enforce a
23 support order, upon a sufficient showing that a diligent
24 effort has been made to ascertain the location of the
25 non-custodial parent, service of process or provision of
26 notice necessary in the case may be made at the last known
27 address of the non-custodial parent in any manner expressly
28 provided by the Code of Civil Procedure or this Act, which
29 service shall be sufficient for purposes of due process.
30 (g) An order for support shall include a date on which
31 the current support obligation terminates. The termination
32 date shall be no earlier than the date on which the child
33 covered by the order will attain the age of majority or is
34 otherwise emancipated. The order for support shall state that
HB3415 Enrolled -14- LRB9010838DJcd
1 the termination date does not apply to any arrearage that may
2 remain unpaid on that date. Nothing in this subsection shall
3 be construed to prevent the court from modifying the order.
4 (Source: P.A. 89-88, eff. 6-30-95; 89-92, eff. 7-1-96;
5 89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
6 revised 10-7-97.)
7 (Text of Section after amendment by P.A. 90-539)
8 Sec. 505. Child support; contempt; penalties.
9 (a) In a proceeding for dissolution of marriage, legal
10 separation, declaration of invalidity of marriage, a
11 proceeding for child support following dissolution of the
12 marriage by a court which lacked personal jurisdiction over
13 the absent spouse, a proceeding for modification of a
14 previous order for child support under Section 510 of this
15 Act, or any proceeding authorized under Section 501 or 601 of
16 this Act, the court may order either or both parents owing a
17 duty of support to a child of the marriage to pay an amount
18 reasonable and necessary for his support, without regard to
19 marital misconduct. The duty of support owed to a minor
20 child includes the obligation to provide for the reasonable
21 and necessary physical, mental and emotional health needs of
22 the child.
23 (1) The Court shall determine the minimum amount of
24 support by using the following guidelines:
25 Number of Children Percent of Supporting Party's
26 Net Income
27 1 20%
28 2 25%
29 3 32%
30 4 40%
31 5 45%
32 6 or more 50%
33 (2) The above guidelines shall be applied in each
34 case unless the court makes a finding that application of
HB3415 Enrolled -15- LRB9010838DJcd
1 the guidelines would be inappropriate, after considering
2 the best interests of the child in light of evidence
3 including but not limited to one or more of the following
4 relevant factors:
5 (a) the financial resources and needs of the
6 child;
7 (b) the financial resources and needs of the
8 custodial parent;
9 (c) the standard of living the child would
10 have enjoyed had the marriage not been dissolved;
11 (d) the physical and emotional condition of
12 the child, and his educational needs; and
13 (e) the financial resources and needs of the
14 non-custodial parent.
15 If the court deviates from the guidelines, the
16 court's finding shall state the amount of support that
17 would have been required under the guidelines, if
18 determinable. The court shall include the reason or
19 reasons for the variance from the guidelines.
20 (3) "Net income" is defined as the total of all
21 income from all sources, minus the following deductions:
22 (a) Federal income tax (properly calculated
23 withholding or estimated payments);
24 (b) State income tax (properly calculated
25 withholding or estimated payments);
26 (c) Social Security (FICA payments);
27 (d) Mandatory retirement contributions
28 required by law or as a condition of employment;
29 (e) Union dues;
30 (f) Dependent and individual
31 health/hospitalization insurance premiums;
32 (g) Prior obligations of support or
33 maintenance actually paid pursuant to a court order;
34 (h) Expenditures for repayment of debts that
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1 represent reasonable and necessary expenses for the
2 production of income, medical expenditures necessary
3 to preserve life or health, reasonable expenditures
4 for the benefit of the child and the other parent,
5 exclusive of gifts. The court shall reduce net
6 income in determining the minimum amount of support
7 to be ordered only for the period that such payments
8 are due and shall enter an order containing
9 provisions for its self-executing modification upon
10 termination of such payment period.
11 (4) In cases where the court order provides for
12 health/hospitalization insurance coverage pursuant to
13 Section 505.2 of this Act, the premiums for that
14 insurance, or that portion of the premiums for which the
15 supporting party is responsible in the case of insurance
16 provided through an employer's health insurance plan
17 where the employer pays a portion of the premiums, shall
18 be subtracted from net income in determining the minimum
19 amount of support to be ordered.
20 (4.5) In a proceeding for child support following
21 dissolution of the marriage by a court that lacked
22 personal jurisdiction over the absent spouse, and in
23 which the court is requiring payment of support for the
24 period before the date an order for current support is
25 entered, there is a rebuttable presumption that the
26 supporting party's net income for the prior period was
27 the same as his or her net income at the time the order
28 for current support is entered.
29 (5) If the net income cannot be determined because
30 of default or any other reason, the court shall order
31 support in an amount considered reasonable in the
32 particular case. The final order in all cases shall
33 state the support level in dollar amounts.
34 (b) Failure of either parent to comply with an order to
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1 pay support shall be punishable as in other cases of
2 contempt. In addition to other penalties provided by law the
3 Court may, after finding the parent guilty of contempt, order
4 that the parent be:
5 (1) placed on probation with such conditions of
6 probation as the Court deems advisable;
7 (2) sentenced to periodic imprisonment for a period
8 not to exceed 6 months; provided, however, that the Court
9 may permit the parent to be released for periods of time
10 during the day or night to:
11 (A) work; or
12 (B) conduct a business or other self-employed
13 occupation.
14 The Court may further order any part or all of the
15 earnings of a parent during a sentence of periodic
16 imprisonment paid to the Clerk of the Circuit Court or to the
17 parent having custody or to the guardian having custody of
18 the minor children of the sentenced parent for the support of
19 said minor children until further order of the Court.
20 If there is a unity of interest and ownership sufficient
21 to render no financial separation between a non-custodial
22 parent and another person or persons or business entity, the
23 court may pierce the ownership veil of the person, persons,
24 or business entity to discover assets of the non-custodial
25 parent held in the name of that person, those persons, or
26 that business entity. The following circumstances are
27 sufficient to authorize a court to order discovery of the
28 assets of a person, persons, or business entity and to compel
29 the application of any discovered assets toward payment on
30 the judgment for support:
31 (1) the non-custodial parent and the person,
32 persons, or business entity maintain records together.
33 (2) the non-custodial parent and the person,
34 persons, or business entity fail to maintain an arms
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1 length relationship between themselves with regard to any
2 assets.
3 (3) the non-custodial parent transfers assets to
4 the person, persons, or business entity with the intent
5 to perpetrate a fraud on the custodial parent.
6 With respect to assets which are real property, no order
7 entered under this paragraph shall affect the rights of bona
8 fide purchasers, mortgagees, judgment creditors, or other
9 lien holders who acquire their interests in the property
10 prior to the time a notice of lis pendens pursuant to the
11 Code of Civil Procedure or a copy of the order is placed of
12 record in the office of the recorder of deeds for the county
13 in which the real property is located.
14 The court may also order in cases where the parent is 90
15 days or more delinquent in payment of support or has been
16 adjudicated in arrears in an amount equal to 90 days
17 obligation or more, that the parent's Illinois driving
18 privileges be suspended until the court determines that the
19 parent is in compliance with the order of support. The court
20 may also order 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 Code.
24 The clerk of the circuit court shall certify the order
25 suspending the driving privileges of the parent or granting
26 the issuance of a family financial responsibility driving
27 permit to the Secretary of State on forms prescribed by the
28 Secretary. Upon receipt of the authenticated documents, the
29 Secretary of State shall suspend the parent's driving
30 privileges until further order of the court and shall, if
31 ordered by the court, subject to the provisions of Section
32 7-702.1 of the Illinois Vehicle Code, issue a family
33 financial responsibility driving permit to the parent.
34 In addition to the penalties or punishment that may be
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1 imposed under this Section, any person whose conduct
2 constitutes a violation of Section 1 of the Non-Support of
3 Spouse and Children Act may be prosecuted under that Section,
4 and a person convicted under that Section may be sentenced in
5 accordance with that Section. The sentence may include but
6 need not be limited to a requirement that the person perform
7 community service under subsection (b) of that Section or
8 participate in a work alternative program under subsection
9 (c) of that Section. A person may not be required to
10 participate in a work alternative program under subsection
11 (c) of that Section if the person is currently participating
12 in a work program pursuant to Section 505.1 of this Act.
13 (c) A one-time charge of 20% is imposable upon the
14 amount of past-due child support owed on July 1, 1988 which
15 has accrued under a support order entered by the court. The
16 charge shall be imposed in accordance with the provisions of
17 Section 10-21 of the Illinois Public Aid Code and shall be
18 enforced by the court upon petition.
19 (d) Any new or existing support order entered by the
20 court under this Section shall be deemed to be a series of
21 judgments against the person obligated to pay support
22 thereunder, each such judgment to be in the amount of each
23 payment or installment of support and each such judgment to
24 be deemed entered as of the date the corresponding payment or
25 installment becomes due under the terms of the support order.
26 Each such judgment shall have the full force, effect and
27 attributes of any other judgment of this State, including the
28 ability to be enforced. A lien arises by operation of law
29 against the real and personal property of the noncustodial
30 parent for each installment of overdue support owed by the
31 noncustodial parent.
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) All orders for support, when entered or modified,
8 shall include a provision requiring the obligor to notify the
9 court and, in cases in which a party is receiving child and
10 spouse services under Article X of the Illinois Public Aid
11 Code, the Illinois Department of Public Aid, within 7 days,
12 (i) of the name and address of any new employer of the
13 obligor, (ii) whether the obligor has access to health
14 insurance coverage through the employer or other group
15 coverage and, if so, the policy name and number and the names
16 of persons covered under the policy, and (iii) of any new
17 residential or mailing address or telephone number of the
18 non-custodial parent. In any subsequent action to enforce a
19 support order, upon a sufficient showing that a diligent
20 effort has been made to ascertain the location of the
21 non-custodial parent, service of process or provision of
22 notice necessary in the case may be made at the last known
23 address of the non-custodial parent in any manner expressly
24 provided by the Code of Civil Procedure or this Act, which
25 service shall be sufficient for purposes of due process.
26 (g) An order for support shall include a date on which
27 the current support obligation terminates. The termination
28 date shall be no earlier than the date on which the child
29 covered by the order will attain the age of majority or is
30 otherwise emancipated. The order for support shall state that
31 the termination date does not apply to any arrearage that may
32 remain unpaid on that date. Nothing in this subsection shall
33 be construed to prevent the court from modifying the order.
34 (h) An order entered under this Section shall include a
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1 provision requiring the obligor to report to the obligee and
2 to the clerk of court within 10 days each time the obligor
3 obtains new employment, and each time the obligor's
4 employment is terminated for any reason. The report shall be
5 in writing and shall, in the case of new employment, include
6 the name and address of the new employer. Failure to report
7 new employment or the termination of current employment, if
8 coupled with nonpayment of support for a period in excess of
9 60 days, is indirect criminal contempt. For any obligor
10 arrested for failure to report new employment bond shall be
11 set in the amount of the child support that should have been
12 paid during the period of unreported employment. An order
13 entered under this Section shall also include a provision
14 requiring the obligor and obligee parents to advise each
15 other of a change in residence within 5 days of the change
16 except when the court finds that the physical, mental, or
17 emotional health of a party or that of a minor child, or
18 both, would be seriously endangered by disclosure of the
19 party's address.
20 (Source: P.A. 89-88, eff. 6-30-95; 89-92, eff. 7-1-96;
21 89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
22 90-539, eff. 6-1-98; revised 12-15-97.)
23 Section 30. The Non-Support of Spouse and Children Act
24 is amended by changing Section 1 as follows:
25 (750 ILCS 15/1) (from Ch. 40, par. 1101)
26 Sec. 1. Neglect or refusal to support; penalties.
27 (a) Every person who shall, without any lawful excuse,
28 neglect or refuse to provide for the support or maintenance
29 of his or her spouse, said spouse being in need of such
30 support or maintenance, or any person who shall, without
31 lawful excuse, desert or neglect or refuse to provide for the
32 support or maintenance of his or her child or children under
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1 the age of 18 years, in need of such support or maintenance,
2 shall be deemed guilty of a Class A misdemeanor and shall be
3 liable under the provisions of the Illinois "Public Aid Code
4 of Illinois", approved April 11, 1967, to the Supervisor of
5 General Assistance, the Department of Human Services, or to
6 the Illinois Department of Public Aid, as the case may be, in
7 a civil action, for the amount of general assistance or
8 assistance provided to his or her spouse or children, or both
9 his spouse and children.
10 (b) In addition to any other penalties imposed for a
11 violation of this Section, the court may order the offender
12 to perform community service for not less than 30 and not
13 more than 120 hours, if community service is available in the
14 jurisdiction and is funded and approved by the county board
15 of the county where the offense was committed. In addition,
16 whenever any person is placed on supervision for an alleged
17 violation of this Section, the supervision shall be
18 conditioned upon the performance of the community service.
19 (c) In addition to any other penalties imposed for a
20 violation of this Section, the court may sentence the
21 offender to service in a work alternative program
22 administered by the sheriff. The conditions of the program
23 are that the offender obtain or retain employment and
24 participate in a work alternative program administered by the
25 sheriff during nonworking hours. A portion of the
26 defendant's salary, as determined using the guidelines and
27 standards set forth in subsection (a) of Section 505 and in
28 Section 505.2 of the Illinois Marriage and Dissolution of
29 Marriage Act shall be deducted to pay for spouse or child
30 support. A person may not be required to participate in a
31 work alternative program under this subsection (c) if the
32 person is currently participating in a work program pursuant
33 to Section 12 of this Act.
34 (Source: P.A. 77-2528; revised 3-2-98.)
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1 Section 40. The Illinois Parentage Act of 1984 is
2 amended by changing Section 15 as follows:
3 (750 ILCS 45/15) (from Ch. 40, par. 2515)
4 Sec. 15. Enforcement of Judgment or Order.
5 (a) If existence of the parent and child relationship is
6 declared, or paternity or duty of support has been
7 established under this Act or under prior law or under the
8 law of any other jurisdiction, the judgment rendered
9 thereunder may be enforced in the same or other proceedings
10 by any party or any person or agency that has furnished or
11 may furnish financial assistance or services to the child.
12 Sections 14, 16 and 20 of this Act shall also be applicable
13 with respect to entry, modification and enforcement of any
14 support judgment entered under provisions of the "Paternity
15 Act", approved July 5, 1957, as amended, repealed July 1,
16 1985.
17 (b) Failure to comply with any order of the court shall
18 be punishable as contempt as in other cases of failure to
19 comply under the "Illinois Marriage and Dissolution of
20 Marriage Act", as now or hereafter amended. In addition to
21 other penalties provided by law, the court may, after finding
22 the party guilty of contempt, order that the party be:
23 (1) Placed on probation with such conditions of
24 probation as the court deems advisable;
25 (2) Sentenced to periodic imprisonment for a period
26 not to exceed 6 months. However, the court may permit
27 the party to be released for periods of time during the
28 day or night to work or conduct business or other
29 self-employed occupation. The court may further order
30 any part of all the earnings of a party during a sentence
31 of periodic imprisonment to be paid to the Clerk of the
32 Circuit Court or to the person or parent having custody
33 of the minor child for the support of said child until
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1 further order of the court.
2 (2.5) The court may also pierce the ownership veil
3 of a person, persons, or business entity to discover
4 assets of a non-custodial parent held in the name of that
5 person, those persons, or that business entity if there
6 is a unity of interest and ownership sufficient to render
7 no financial separation between the non-custodial parent
8 and that person, those persons, or the business entity.
9 The following circumstances are sufficient for a court to
10 order discovery of the assets of a person, persons, or
11 business entity and to compel the application of any
12 discovered assets toward payment on the judgment for
13 support:
14 (A) the non-custodial parent and the person,
15 persons, or business entity maintain records
16 together.
17 (B) the non-custodial parent and the person,
18 persons, or business entity fail to maintain an arms
19 length relationship between themselves with regard
20 to any assets.
21 (C) the non-custodial parent transfers assets
22 to the person, persons, or business entity with the
23 intent to perpetrate a fraud on the custodial
24 parent.
25 With respect to assets which are real property, no
26 order entered under this subdivision (2.5) shall affect
27 the rights of bona fide purchasers, mortgagees, judgment
28 creditors, or other lien holders who acquire their
29 interests in the property prior to the time a notice of
30 lis pendens pursuant to the Code of Civil Procedure or a
31 copy of the order is placed of record in the office of
32 the recorder of deeds for the county in which the real
33 property is located.
34 (3) The court may also order that in cases where
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1 the party is 90 days or more delinquent in payment of
2 support or has been adjudicated in arrears in an amount
3 equal to 90 days obligation or more, that the party's
4 Illinois driving privileges be suspended until the court
5 determines that the party is in compliance with the
6 judgement or duty of support. The court may also order
7 that the parent be issued a family financial
8 responsibility driving permit that would allow limited
9 driving privileges for employment and medical purposes in
10 accordance with Section 7-702.1 of the Illinois Vehicle
11 Code. The clerk of the circuit court shall certify the
12 order suspending the driving privileges of the parent or
13 granting the issuance of a family financial
14 responsibility driving permit to the Secretary of State
15 on forms prescribed by the Secretary. Upon receipt of the
16 authenticated documents, the Secretary of State shall
17 suspend the party's driving privileges until further
18 order of the court and shall, if ordered by the court,
19 subject to the provisions of Section 7-702.1 of the
20 Illinois Vehicle Code, issue a family financial
21 responsibility driving permit to the parent.
22 In addition to the penalties or punishment that may be
23 imposed under this Section, any person whose conduct
24 constitutes a violation of Section 1 of the Non-Support of
25 Spouse and Children Act may be prosecuted under that Section,
26 and a person convicted under that Section may be sentenced in
27 accordance with that Section. The sentence may include but
28 need not be limited to a requirement that the person perform
29 community service under subsection (b) of that Section or
30 participate in a work alternative program under subsection
31 (c) of that Section. A person may not be required to
32 participate in a work alternative program under subsection
33 (c) of that Section if the person is currently participating
34 in a work program pursuant to Section 15.1 of this Act.
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1 (c) In any post-judgment proceeding to enforce or modify
2 the judgment the parties shall continue to be designated as
3 in the original proceeding.
4 (Source: P.A. 89-92, eff. 7-1-96; 90-476, eff. 1-1-98.)
5 Section 95. No acceleration or delay. Where this Act
6 makes changes in a statute that is represented in this Act by
7 text that is not yet or no longer in effect (for example, a
8 Section represented by multiple versions), the use of that
9 text does not accelerate or delay the taking effect of (i)
10 the changes made by this Act or (ii) provisions derived from
11 any other Public Act.
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.