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90_SB0368
305 ILCS 5/10-10 from Ch. 23, par. 10-10
305 ILCS 5/10-11 from Ch. 23, par. 10-11
750 ILCS 5/505 from Ch. 40, par. 505
750 ILCS 15/3 from Ch. 40, par. 1106
750 ILCS 15/4 from Ch. 40, par. 1107
750 ILCS 20/24 from Ch. 40, par. 1224
750 ILCS 45/14 from Ch. 40, par. 2514
Amends the Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Revised Uniform Reciprocal
Enforcement of Support Act, and the Illinois Parentage Act of
1984. Provides that a child support order shall include a
provision requiring the obligor to report to the obligee each
time the obligor obtains new employment and each time the
obligor's employment is terminated for any reason. Failure to
so report is indirect criminal contempt, with bond for any
obligor arrested for failure to report new employment being
set in the amount of the child support that should have been
paid during the period of unreported employment. Provides
the order shall also include a provision requiring that both
the obligor and obligee parent advise each other of a change
in residence within 5 days of the change.
LRB9001054SMdv
LRB9001054SMdv
1 AN ACT regarding child support obligations.
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 Sections 10-10 and 10-11 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
9 the 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
16 Spouse Support Unit established by Section 10-3.1 may
17 institute in behalf of the Illinois Department any actions
18 under this Section for judicial enforcement of the support
19 liability when the dependents are (a) applicants or
20 recipients under Articles III, IV, V or VII (b) applicants or
21 recipients in a local governmental unit when the Illinois
22 Department, by agreement, acts for the unit; or (c)
23 non-applicants or non-recipients who are receiving support
24 enforcement services under this Article X, as provided in
25 Section 10-1. Where the Child and Spouse Support Unit has
26 exercised its option and discretion not to apply the
27 provisions of Sections 10-3 through 10-8, the failure by the
28 Unit to apply such provisions shall not be a bar to bringing
29 an action under this Section.
30 Action shall be brought in the circuit court to obtain
31 support, or for the recovery of aid granted during the period
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1 such support was not provided, or both for the obtainment of
2 support and the recovery of the aid provided. Actions for
3 the recovery of aid may be taken separately or they may be
4 consolidated with actions to obtain support. Such actions
5 may be brought in the name of the person or persons requiring
6 support, or may be brought in the name of the Illinois
7 Department or the local governmental unit, as the case
8 requires, in behalf of such persons.
9 The court may enter such orders for the payment of moneys
10 for the support of the person as may be just and equitable
11 and may direct payment thereof for such period or periods of
12 time as the circumstances require, including support for a
13 period before the date the order for support is entered. The
14 order may be entered against any or all of the defendant
15 responsible relatives and may be based upon the proportionate
16 ability of each to contribute to the person's support.
17 The Court shall determine the amount of child support
18 (including child support for a period before the date the
19 order for child support is entered) by using the guidelines
20 and standards set forth in subsection (a) of Section 505 and
21 in Section 505.2 of the Illinois Marriage and Dissolution of
22 Marriage Act. For purposes of determining the amount of child
23 support to be paid for a period before the date the order for
24 child support is entered, there is a rebuttable presumption
25 that the responsible relative's net income for that period
26 was the same as his or her net income at the time the order
27 is entered.
28 An order entered under this Section shall include a
29 provision requiring the obligor to report to the obligee each
30 time the obligor obtains new employment, including the name
31 and address of the new employer, and each time the obligor's
32 employment is terminated for any reason. Failure to report
33 new employment or the termination of current employment is
34 indirect criminal contempt. For any obligor arrested for
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1 failure to report new employment bond shall be set in the
2 amount of the child support that should have been paid during
3 the period of unreported employment. An order entered under
4 this Section shall also include a provision requiring the
5 obligor and obligee parent to advise each other of a change
6 in residence within 5 days of the change.
7 The Court shall determine the amount of maintenance using
8 the standards set forth in Section 504 of the Illinois
9 Marriage and Dissolution of Marriage Act.
10 Any new or existing support order entered by the court
11 under this Section shall be deemed to be a series of
12 judgments against the person obligated to pay support
13 thereunder, each such judgment to be in the amount of each
14 payment or installment of support and each such judgment to
15 be deemed entered as of the date the corresponding payment or
16 installment becomes due under the terms of the support order.
17 Each such judgment shall have the full force, effect and
18 attributes of any other judgment of this State, including the
19 ability to be enforced. Any such judgment is subject to
20 modification or termination only in accordance with Section
21 510 of the Illinois Marriage and Dissolution of Marriage Act.
22 When an order is entered for the support of a minor, the
23 court may provide therein for reasonable visitation of the
24 minor by the person or persons who provided support pursuant
25 to the order. Whoever willfully refuses to comply with such
26 visitation order or willfully interferes with its enforcement
27 may be declared in contempt of court and punished therefor.
28 Except where the local governmental unit has entered into
29 an agreement with the Illinois Department for the Child and
30 Spouse Support Unit to act for it, as provided in Section
31 10-3.1, support orders entered by the court in cases
32 involving applicants or recipients under Article VI shall
33 provide that payments thereunder be made directly to the
34 local governmental unit. Orders for the support of all other
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1 applicants or recipients shall provide that payments
2 thereunder be made directly to the Illinois Department. In
3 accordance with federal law and regulations, the Illinois
4 Department may continue to collect current maintenance
5 payments or child support payments, or both, after those
6 persons cease to receive public assistance and until
7 termination of services under Article X. The Illinois
8 Department shall pay the net amount collected to those
9 persons after deducting any costs incurred in making the
10 collection or any collection fee from the amount of any
11 recovery made. In both cases the order shall permit the
12 local governmental unit or the Illinois Department, as the
13 case may be, to direct the responsible relative or relatives
14 to make support payments directly to the needy person, or to
15 some person or agency in his behalf, upon removal of the
16 person from the public aid rolls or upon termination of
17 services under Article X.
18 If the notice of support due issued pursuant to Section
19 10-7 directs that support payments be made directly to the
20 needy person, or to some person or agency in his behalf, and
21 the recipient is removed from the public aid rolls, court
22 action may be taken against the responsible relative
23 hereunder if he fails to furnish support in accordance with
24 the terms of such notice.
25 Actions may also be brought under this Section in behalf
26 of any person who is in need of support from responsible
27 relatives, as defined in Section 2-11 of Article II who is
28 not an applicant for or recipient of financial aid under this
29 Code. In such instances, the State's Attorney of the county
30 in which such person resides shall bring action against the
31 responsible relatives hereunder. If the Illinois Department,
32 as authorized by Section 10-1, extends the support services
33 provided by this Article to spouses and dependent children
34 who are not applicants or recipients under this Code, the
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1 Child and Spouse Support Unit established by Section 10-3.1
2 shall bring action against the responsible relatives
3 hereunder and any support orders entered by the court in such
4 cases shall provide that payments thereunder be made directly
5 to the Illinois 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
10 to the court with a diary, listing or other memorandum of his
11 or her efforts in accordance with such order. Additionally,
12 the court may order the unemployed person to report to the
13 Department of Employment Security for job search services or
14 to make application with the local Jobs Training Partnership
15 Act provider for participation in job search, training or
16 work programs and where the duty of support is owed to a
17 child receiving support services under this Article X, the
18 court may order the unemployed person to report to the
19 Illinois Department for participation in job search, training
20 or work programs established under Section 9-6 of this Code.
21 A determination under this Section shall not be
22 administratively reviewable by the procedures specified in
23 Sections 10-12, and 10-13 to 10-13.10. Any determination
24 under these Sections, if made the basis of court action under
25 this Section, shall not affect the de novo judicial
26 determination required under this Section.
27 A one-time charge of 20% is imposable upon the amount of
28 past-due child support owed on July 1, 1988 which has accrued
29 under a support order entered by the court. The charge shall
30 be imposed in accordance with the provisions of Section 10-21
31 of this Code and shall be enforced by the court upon
32 petition.
33 An order for support entered or modified in a case in
34 which a party is receiving child and spouse support services
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1 under this Article X shall include a provision requiring the
2 non-custodial parent to notify the Illinois Department,
3 within 7 days, of the name and address of any new employer of
4 the non-custodial parent, whether the non-custodial parent
5 has access to health insurance coverage through the employer
6 or other group coverage, and, if so, the policy name and
7 number and the names of persons covered under the policy.
8 An order for support shall include a date on which the
9 current support obligation terminates. The termination date
10 shall be no earlier than the date on which the child covered
11 by the order will attain the age of majority or is otherwise
12 emancipated. The order for support shall state that the
13 termination date does not apply to any arrearage that may
14 remain unpaid on that date. Nothing in this paragraph shall
15 be construed to prevent the court from modifying the order.
16 Upon notification in writing or by electronic
17 transmission from the Illinois Department to the clerk of the
18 court that a person who is receiving support payments under
19 this Section is receiving services under the Child Support
20 Enforcement Program established by Title IV-D of the Social
21 Security Act, any support payments subsequently received by
22 the clerk of the court shall be transmitted in accordance
23 with the instructions of the Illinois Department until the
24 Illinois Department gives notice to the clerk of the court to
25 cease the transmittal. After providing the notification
26 authorized under this paragraph, the Illinois Department
27 shall be entitled as a party to notice of any further
28 proceedings in the case. The clerk of the court shall file a
29 copy of the Illinois Department's notification in the court
30 file. The clerk's failure to file a copy of the
31 notification in the court file shall not, however, affect the
32 Illinois Department's right to receive notice of further
33 proceedings.
34 Payments under this Section to the Illinois Department
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1 pursuant to the Child Support Enforcement Program established
2 by Title IV-D of the Social Security Act shall be paid into
3 the Child Support Enforcement Trust Fund. All other payments
4 under this Section to the Illinois Department shall be
5 deposited in the Public Assistance Recoveries Trust Fund.
6 Disbursements from these funds shall be as provided in
7 Sections 12-9 and 12-10.2 of this Code. Payments received by
8 a local governmental unit shall be deposited in that unit's
9 General Assistance Fund.
10 (Source: P.A. 88-307; 88-687, eff. 1-24-95.)
11 (305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
12 Sec. 10-11. Administrative Orders. In lieu of actions
13 for court enforcement of support under Section 10-10, the
14 Child and Spouse Support Unit of the Illinois Department, in
15 accordance with the rules of the Illinois Department, may
16 issue an administrative order requiring the responsible
17 relative to comply with the terms of the determination and
18 notice of support due, determined and issued under Sections
19 10-6 and 10-7. The Unit may also enter an administrative
20 order under subsection (b) of Section 10-7. The
21 administrative order shall be served upon the responsible
22 relative by United States registered or certified mail.
23 If a responsible relative fails to petition the Illinois
24 Department for release from or modification of the
25 administrative order, as provided in Section 10-12, the order
26 shall become final and there shall be no further
27 administrative or judicial remedy. Likewise a decision by
28 the Illinois Department as a result of an administrative
29 hearing, as provided in Sections 10-13 to 10-13.10, shall
30 become final and enforceable if not judicially reviewed under
31 the Administrative Review Law, as provided in Section 10-14.
32 Any new or existing support order entered by the Illinois
33 Department under this Section shall be deemed to be a series
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1 of judgments against the person obligated to pay support
2 thereunder, each such judgment to be in the amount of each
3 payment or installment of support and each such judgment to
4 be deemed entered as of the date the corresponding payment or
5 installment becomes due under the terms of the support order.
6 Each such judgment shall have the full force, effect and
7 attributes of any other judgment of this State, including the
8 ability to be enforced. Any such judgment is subject to
9 modification or termination only in accordance with Section
10 510 of the Illinois Marriage and Dissolution of Marriage Act.
11 An order entered under this Section shall include a
12 provision requiring the obligor to report to the obligee each
13 time the obligor obtains new employment, including the name
14 and address of the new employer, and each time the obligor's
15 employment is terminated for any reason. Failure to report
16 new employment or the termination of current employment is
17 indirect criminal contempt. For any obligor arrested for
18 failure to report new employment bond shall be set in the
19 amount of the child support that should have been paid during
20 the period of unreported employment. An order entered under
21 this Section shall also include a provision requiring the
22 obligor and obligee parent to advise each other of a change
23 in residence within 5 days of the change.
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
26 accrued under a support order entered by the Illinois
27 Department under this Section. The charge shall be imposed
28 in accordance with the provisions of Section 10-21 and shall
29 be enforced by the court in a suit filed under Section 10-15.
30 (Source: P.A. 85-1156.)
31 Section 10. The Illinois Marriage and Dissolution of
32 Marriage Act is amended by changing Section 505 as follows:
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1 (750 ILCS 5/505) (from Ch. 40, par. 505)
2 Sec. 505. Child support; contempt; penalties.
3 (a) In a proceeding for dissolution of marriage, legal
4 separation, declaration of invalidity of marriage, a
5 proceeding for child support following dissolution of the
6 marriage by a court which lacked personal jurisdiction over
7 the absent spouse, a proceeding for modification of a
8 previous order for child support under Section 510 of this
9 Act, or any proceeding authorized under Section 501 or 601 of
10 this Act, the court may order either or both parents owing a
11 duty of support to a child of the marriage to pay an amount
12 reasonable and necessary for his support, without regard to
13 marital misconduct. The duty of support owed to a minor
14 child includes the obligation to provide for the reasonable
15 and necessary physical, mental and emotional health needs of
16 the child.
17 (1) The Court shall determine the minimum amount of
18 support by using the following guidelines:
19 Number of Children Percent of Supporting Party's
20 Net Income
21 1 20%
22 2 25%
23 3 32%
24 4 40%
25 5 45%
26 6 or more 50%
27 (2) The above guidelines shall be applied in each
28 case unless the court makes a finding that application of
29 the guidelines would be inappropriate, after considering
30 the best interests of the child in light of evidence
31 including but not limited to one or more of the following
32 relevant factors:
33 (a) the financial resources and needs of the
34 child;
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1 (b) the financial resources and needs of the
2 custodial parent;
3 (c) the standard of living the child would
4 have enjoyed had the marriage not been dissolved;
5 (d) the physical and emotional condition of
6 the child, and his educational needs; and
7 (e) the financial resources and needs of the
8 non-custodial parent.
9 If the court deviates from the guidelines, the
10 court's finding shall state the amount of support that
11 would have been required under the guidelines, if
12 determinable. The court shall include the reason or
13 reasons for the variance from the guidelines.
14 (3) "Net income" is defined as the total of all
15 income from all sources, minus the following deductions:
16 (a) Federal income tax (properly calculated
17 withholding or estimated payments);
18 (b) State income tax (properly calculated
19 withholding or estimated payments);
20 (c) Social Security (FICA payments);
21 (d) Mandatory retirement contributions
22 required by law or as a condition of employment;
23 (e) Union dues;
24 (f) Dependent and individual
25 health/hospitalization insurance premiums;
26 (g) Prior obligations of support or
27 maintenance actually paid pursuant to a court order;
28 (h) Expenditures for repayment of debts that
29 represent reasonable and necessary expenses for the
30 production of income, medical expenditures necessary
31 to preserve life or health, reasonable expenditures
32 for the benefit of the child and the other parent,
33 exclusive of gifts. The court shall reduce net
34 income in determining the minimum amount of support
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1 to be ordered only for the period that such payments
2 are due and shall enter an order containing
3 provisions for its self-executing modification upon
4 termination of such payment period.
5 (4) In cases where the court order provides for
6 health/hospitalization insurance coverage pursuant to
7 Section 505.2 of this Act, the premiums for that
8 insurance, or that portion of the premiums for which the
9 supporting party is responsible in the case of insurance
10 provided through an employer's health insurance plan
11 where the employer pays a portion of the premiums, shall
12 be subtracted from net income in determining the minimum
13 amount of support to be ordered.
14 (4.5) In a proceeding for child support following
15 dissolution of the marriage by a court that lacked
16 personal jurisdiction over the absent spouse, and in
17 which the court is requiring payment of support for the
18 period before the date an order for current support is
19 entered, there is a rebuttable presumption that the
20 supporting party's net income for the prior period was
21 the same as his or her net income at the time the order
22 for current support is entered.
23 (5) If the net income cannot be determined because
24 of default or any other reason, the court shall order
25 support in an amount considered reasonable in the
26 particular case. The final order in all cases shall
27 state the support level in dollar amounts.
28 (b) Failure of either parent to comply with an order to
29 pay support shall be punishable as in other cases of
30 contempt. In addition to other penalties provided by law the
31 Court may, after finding the parent guilty of contempt, order
32 that the parent be:
33 (1) placed on probation with such conditions of
34 probation as the Court deems advisable;
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1 (2) sentenced to periodic imprisonment for a period
2 not to exceed 6 months; provided, however, that the Court
3 may permit the parent to be released for periods of time
4 during the day or night to:
5 (A) work; or
6 (B) conduct a business or other self-employed
7 occupation.
8 The Court may further order any part or all of the
9 earnings of a parent during a sentence of periodic
10 imprisonment paid to the Clerk of the Circuit Court or to the
11 parent having custody or to the guardian having custody of
12 the minor children of the sentenced parent for the support of
13 said minor children until further order of the Court.
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 (c) A one-time charge of 20% is imposable upon the
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1 amount of past-due child support owed on July 1, 1988 which
2 has accrued under a support order entered by the court. The
3 charge shall be imposed in accordance with the provisions of
4 Section 10-21 of the Illinois Public Aid Code and shall be
5 enforced by the court upon petition.
6 (d) Any new or existing support order entered by the
7 court under this Section shall be deemed to be a series of
8 judgments against the person obligated to pay support
9 thereunder, each such judgment to be in the amount of each
10 payment or installment of support and each such judgment to
11 be deemed entered as of the date the corresponding payment or
12 installment becomes due under the terms of the support order.
13 Each such judgment shall have the full force, effect and
14 attributes of any other judgment of this State, including the
15 ability to be enforced.
16 (e) When child support is to be paid through the clerk
17 of the court in a county of 1,000,000 inhabitants or less,
18 the order shall direct the obligor to pay to the clerk, in
19 addition to the child support payments, all fees imposed by
20 the county board under paragraph (3) of subsection (u) of
21 Section 27.1 of the Clerks of Courts Act. Unless paid in
22 cash or pursuant to an order for withholding, the payment of
23 the fee shall be by a separate instrument from the support
24 payment and shall be made to the order of the Clerk.
25 (f) An order for support entered or modified in a case
26 in which a party is receiving child and spouse support
27 services under Article X of the Illinois Public Aid Code
28 shall include a provision requiring the obligor to notify the
29 Illinois Department of Public Aid, within 7 days, (i) of the
30 name and address of any new employer of the obligor, (ii)
31 whether the obligor has access to health insurance coverage
32 through the employer or other group coverage, and (iii) if
33 so, the policy name and number and the names of persons
34 covered under the policy.
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1 (g) An order for support shall include a date on which
2 the current support obligation terminates. The termination
3 date shall be no earlier than the date on which the child
4 covered by the order will attain the age of majority or is
5 otherwise emancipated. The order for support shall state
6 that the termination date does not apply to any arrearage
7 that may remain unpaid on that date. Nothing in this
8 subsection shall be construed to prevent the court from
9 modifying the order.
10 (h) An order entered under this Section shall include a
11 provision requiring the obligor to report to the obligee each
12 time the obligor obtains new employment, including the name
13 and address of the new employer, and each time the obligor's
14 employment is terminated for any reason. Failure to report
15 new employment or the termination of current employment is
16 indirect criminal contempt. For any obligor arrested for
17 failure to report new employment bond shall be set in the
18 amount of the child support that should have been paid during
19 the period of unreported employment. An order entered under
20 this Section shall also include a provision requiring the
21 obligor and obligee parent to advise each other of a change
22 in residence within 5 days of the change.
23 (Source: P.A. 88-307; 88-687, eff. 1-24-95; 89-88, eff.
24 6-30-95; 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.)
25 Section 15. The Non-Support of Spouse and Children Act
26 is amended by changing Sections 3 and 4 as follows:
27 (750 ILCS 15/3) (from Ch. 40, par. 1106)
28 Sec. 3. At any time before the trial, upon motion of the
29 State's Attorney, or of the Attorney General if the action
30 has been instituted by his office, and upon notice to the
31 defendant, or at the time of arraignment or as a condition of
32 the postponement of arraignment, the court at any time may
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1 enter such temporary order as may seem just, providing for
2 the support or maintenance of the spouse or child or children
3 of the defendant, or both, pendente lite.
4 The Court shall determine the amount of child support by
5 using the guidelines and standards set forth in subsection
6 (a) of Section 505 and in Section 505.2 of the Illinois
7 Marriage and Dissolution of Marriage Act.
8 An order entered under this Section shall include a
9 provision requiring the obligor to report to the obligee each
10 time the obligor obtains new employment, including the name
11 and address of the new employer, and each time the obligor's
12 employment is terminated for any reason. Failure to report
13 new employment or the termination of current employment is
14 indirect criminal contempt. For any obligor arrested for
15 failure to report new employment bond shall be set in the
16 amount of the child support that should have been paid during
17 the period of unreported employment. An order entered under
18 this Section shall also include a provision requiring the
19 obligor and obligee parent to advise each other of a change
20 in residence within 5 days of the change.
21 The Court shall determine the amount of maintenance using
22 the standards set forth in Section 504 of the Illinois
23 Marriage and Dissolution of Marriage Act.
24 The court may for violation of any order under this
25 Section punish the offender as for a contempt of court, but
26 no pendente lite order shall remain in force for a longer
27 term than 4 months, or after the discharge of any panel of
28 jurors summoned for service thereafter in such court,
29 whichever is the sooner.
30 Any new or existing support order entered by the court
31 under this Section shall be deemed to be a series of
32 judgments against the person obligated to pay support
33 thereunder, each such judgment to be in the amount of each
34 payment or installment of support and each such judgment to
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1 be deemed entered as of the date the corresponding payment or
2 installment becomes due under the terms of the support order.
3 Each such judgment shall have the full force, effect and
4 attributes of any other judgment of this State, including the
5 ability to be enforced. Any such judgment is subject to
6 modification or termination only in accordance with Section
7 510 of the Illinois Marriage and Dissolution of Marriage Act.
8 A one-time interest charge of 20% is imposable upon the
9 amount of past-due child support owed on July 1, 1988 which
10 has accrued under a support order entered by the court. The
11 charge shall be imposed in accordance with the provisions of
12 Section 10-21 of the Illinois Public Aid Code and shall be
13 enforced by the court upon petition.
14 An order for support entered or modified in a case in
15 which a party is receiving child and spouse support services
16 under Article X of the Illinois Public Aid Code shall include
17 a provision requiring the non-custodial parent to notify the
18 Illinois Department of Public Aid, within 7 days, of the name
19 and address of any new employer of the non-custodial parent,
20 whether the non-custodial parent has access to health
21 insurance coverage through the employer or other group
22 coverage, and, if so, the policy name and number and the
23 names of persons covered under the policy.
24 An order for support shall include a date on which the
25 current support obligation terminates. The termination date
26 shall be no earlier than the date on which the child covered
27 by the order will attain the age of majority or is otherwise
28 emancipated. The order for support shall state that the
29 termination date does not apply to any arrearage that may
30 remain unpaid on that date. Nothing in this paragraph shall
31 be construed to prevent the court from modifying the order.
32 (Source: P.A. 88-307.)
33 (750 ILCS 15/4) (from Ch. 40, par. 1107)
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1 Sec. 4. Whenever a fine is imposed it may be directed by
2 the court to be paid, in whole or in part, to the spouse, or
3 if the support of a minor child or children is involved, to
4 the clerk, probation officer, the Court Service Division of
5 the County Department of Public Aid in counties of 3 million
6 or more population or to the Illinois Department of Public
7 Aid or a local governmental unit if a recipient of public aid
8 is involved, in accordance with Section 2.1, as the case
9 requires, to be disbursed by such officers, agency or
10 governmental unit under the terms of the order. However,
11 before the trial with the consent of the defendant, or at the
12 trial on entry of a plea of guilty, or after conviction,
13 instead of imposing the penalty provided in this Act, or in
14 addition thereto, the court in its discretion, having regard
15 to the circumstances and the financial ability or earning
16 capacity of the defendant, may make an order, subject to
17 change by the court from time to time as circumstances may
18 require, directing the defendant to pay a certain sum
19 periodically for a term not exceeding 3 years to the spouse
20 or, if the support of a minor child or children is involved,
21 to the clerk, probation officer, the Court Service Division
22 of the County Department of Public Aid in counties of 3
23 million or more population or to the Illinois Department of
24 Public Aid or a local governmental unit if a recipient of
25 public aid is involved in accordance with Section 2.1, as the
26 case requires, to be disbursed by such officers, agency or
27 governmental unit under the terms of the order.
28 The Court shall determine the amount of child support by
29 using the standards set forth in subsection (a) of Section
30 505 and in Section 505.2 of the Illinois Marriage and
31 Dissolution of Marriage Act.
32 An order entered under this Section shall include a
33 provision requiring the obligor to report to the obligee each
34 time the obligor obtains new employment, including the name
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1 and address of the new employer, and each time the obligor's
2 employment is terminated for any reason. Failure to report
3 new employment or the termination of current employment 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 parent to advise each other of a change
10 in residence within 5 days of the change.
11 The Court shall determine the amount of maintenance using
12 the standards set forth in Section 504 of the Illinois
13 Marriage and Dissolution of Marriage Act.
14 The court may also relieve the defendant from custody on
15 probation for the period fixed in the order or judgment upon
16 his or her entering into a recognizance, with or without
17 surety, in such sum as the court orders and approves. The
18 condition of the recognizance shall be such that if the
19 defendant makes his or her personal appearance in court
20 whenever ordered to do so by the court, during such period as
21 may be so fixed, and further complies with the terms of the
22 order of support, or of any subsequent modification thereof,
23 then the recognizance shall be void; otherwise in full force
24 and effect.
25 Any new or existing support order entered by the court
26 under this Section shall be deemed to be a series of
27 judgments against the person obligated to pay support
28 thereunder, each such judgment to be in the amount of each
29 payment or installment of support and each such judgment to
30 be deemed entered as of the date the corresponding payment or
31 installment becomes due under the terms of the support order.
32 Each such judgment shall have the full force, effect and
33 attributes of any other judgment of this State, including the
34 ability to be enforced. Any such judgment is subject to
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1 modification or termination only in accordance with Section
2 510 of the Illinois Marriage and Dissolution of Marriage Act.
3 A one-time charge of 20% is imposable upon the amount of
4 past-due child support owed on July 1, 1988 which has accrued
5 under a support order entered by the court. The charge shall
6 be imposed in accordance with the provisions of Section 10-21
7 of the Illinois Public Aid Code and shall be enforced by the
8 court upon petition.
9 An order for support entered or modified in a case in
10 which a party is receiving child and spouse support services
11 under Article X of the Illinois Public Aid Code shall include
12 a provision requiring the non-custodial parent to notify the
13 Illinois Department of Public Aid, within 7 days, of the name
14 and address of any new employer of the non-custodial parent,
15 whether the non-custodial parent has access to health
16 insurance coverage through the employer or other group
17 coverage, and, if so, the policy name and number and the
18 names of persons covered under the policy.
19 An order for support shall include a date on which the
20 current support obligation terminates. The termination date
21 shall be no earlier than the date on which the child covered
22 by the order will attain the age of majority or is otherwise
23 emancipated. The order for support shall state that the
24 termination date does not apply to any arrearage that may
25 remain unpaid on that date. Nothing in this paragraph shall
26 be construed to prevent the court from modifying the order.
27 (Source: P.A. 88-307.)
28 Section 20. The Revised Uniform Reciprocal Enforcement
29 of Support Act is amended by changing 24 as follows:
30 (750 ILCS 20/24) (from Ch. 40, par. 1224)
31 Sec. 24. Order of Support. If the responding court finds
32 a duty of support it may order the obligor to furnish support
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1 or reimbursement therefor and subject the property of the
2 obligor to the order.
3 Any new or existing support order entered by a court or
4 administrative body of this or any other State shall be
5 deemed to be a series of judgments against the person
6 obligated to pay support thereunder, each such judgment to be
7 in the amount of each payment or installment of support and
8 each such judgment to be deemed entered as of the date the
9 corresponding payment or installment becomes due under the
10 terms of the support order. Each such judgment shall:
11 (1) have the full force, effect, and attributes of
12 any other judgment of such State, including the ability
13 to be enforced;
14 (2) be entitled as a judgment to full faith and
15 credit in this and any other State; and
16 (3) not be subject to retroactive modification by
17 this or any other State; except that modification is
18 permitted with respect to any period during which there
19 is pending a petition for modification, but only from the
20 date that notice of such petition has been given in
21 accordance with law.
22 Where the terms of a support order entered by a court or
23 administrative body of this or any other State are subject to
24 modification, or where action is not based upon such order,
25 the Illinois court shall determine the amount of maintenance
26 or child support by using the guidelines and standards set
27 forth in Section 504, or in subsection (a) of Section 505 and
28 in Section 505.2 of the Illinois Marriage and Dissolution of
29 Marriage Act, respectively.
30 When no prior support order exists, but the court finds a
31 duty of support and enters an order for current support, the
32 court may enter an order for payment of support for a period
33 before the date the order for current support is entered.
34 Support for the prior period shall be determined by using the
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1 guidelines and standards set forth in Section 504, or in
2 subsection (a) of Section 505, and in Section 505.2 of the
3 Illinois Marriage and Dissolution of Marriage Act. For
4 purposes of determining the amount of support to be paid for
5 the prior period, there is a rebuttable presumption that the
6 obligor's net income for that period was the same as his or
7 her net income at the time the order for current support is
8 entered.
9 Support orders made pursuant to this Act shall require
10 that payments be made to the clerk of the court of the
11 responding state. The court and prosecuting attorney of any
12 county in which the obligor is present or has property have
13 the same powers and duties to enforce the order as have those
14 of the county in which it was first issued. If enforcement is
15 impossible or cannot be completed in the county in which the
16 order was issued, the prosecuting attorney shall send a
17 certified copy of the order to the prosecuting attorney of
18 any county in which it appears that proceedings to enforce
19 the order would be effective. The prosecuting attorney to
20 whom the certified copy of the order is forwarded shall
21 proceed with enforcement and report the results of the
22 proceedings to the court first issuing the order.
23 An order entered under this Section shall include a
24 provision requiring the obligor to report to the obligee each
25 time the obligor obtains new employment, including the name
26 and address of the new employer, and each time the obligor's
27 employment is terminated for any reason. Failure to report
28 new employment or the termination of current employment is
29 indirect criminal contempt. For any obligor arrested for
30 failure to report new employment bond shall be set in the
31 amount of the child support that should have been paid during
32 the period of unreported employment. An order entered under
33 this Section shall also include a provision requiring the
34 obligor and obligee parent to advise each other of a change
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1 in residence within 5 days of the change.
2 A one-time charge of 20% is imposable upon the amount of
3 past-due child support owed on July 1, 1988 which has accrued
4 under a support order entered by the court. The charge shall
5 be imposed in accordance with the provisions of Section 10-21
6 of the Illinois Public Aid Code and shall be enforced by the
7 court upon petition.
8 A court or administrative body of this State may modify a
9 support order of another state only if that other state no
10 longer has continuing, exclusive jurisdiction of the
11 proceeding in which the support order was entered. The order
12 must be registered under Section 609 of the Uniform
13 Interstate Family Support Act and may be modified only if
14 permitted under Section 611 of the Uniform Interstate Family
15 Support Act.
16 An order for support entered or modified in a case in
17 which a party is receiving child and spouse support services
18 under Article X of the Illinois Public Aid Code shall include
19 a provision requiring the non-custodial parent to notify the
20 Illinois Department of Public Aid, within 7 days, of the name
21 and address of any new employer of the non-custodial parent,
22 whether the non-custodial parent has access to health
23 insurance coverage through the employer or other group
24 coverage, and, if so, the policy name and number and the
25 names of persons covered under the policy.
26 An order for support shall include a date on which the
27 current support obligation terminates. The termination date
28 shall be no earlier than the date on which the child covered
29 by the order will attain the age of majority or is otherwise
30 emancipated. The order for support shall state that the
31 termination date does not apply to any arrearage that may
32 remain unpaid on that date. Nothing in this paragraph shall
33 be construed to prevent the court from modifying the order.
34 (Source: P.A. 88-307; 88-550 (eff. date changed from 1-1-95
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1 to 1-1-96 on 1-24-95 by P.A. 88-691); 88-687, eff. 1-24-95.)
2 Section 25. The Illinois Parentage Act of 1984 is
3 amended by changing Section 14 as follows:
4 (750 ILCS 45/14) (from Ch. 40, par. 2514)
5 Sec. 14. Judgment.
6 (a) (1) The judgment shall contain or explicitly reserve
7 provisions concerning any duty and amount of child support
8 and may contain provisions concerning the custody and
9 guardianship of the child, visitation privileges with the
10 child, the furnishing of bond or other security for the
11 payment of the judgment, which the court shall determine in
12 accordance with the relevant factors set forth in the
13 Illinois Marriage and Dissolution of Marriage Act and any
14 other applicable law of Illinois, to guide the court in a
15 finding in the best interests of the child. In determining
16 custody, joint custody, or visitation, the court shall apply
17 the relevant standards of the Illinois Marriage and
18 Dissolution of Marriage Act. Specifically, in determining the
19 amount of any child support award, the court shall use the
20 guidelines and standards set forth in subsection (a) of
21 Section 505 and in Section 505.2 of the Illinois Marriage and
22 Dissolution of Marriage Act. For purposes of Section 505 of
23 the Illinois Marriage and Dissolution of Marriage Act, "net
24 income" of the non-custodial parent shall include any
25 benefits available to that person under the Illinois Public
26 Aid Code or from other federal, State or local
27 government-funded programs. The court shall, in any event
28 and regardless of the amount of the non-custodial parent's
29 net income, in its judgment order the non-custodial parent to
30 pay child support to the custodial parent in a minimum amount
31 of not less than $10 per month. In an action brought within
32 2 years after a child's birth, the judgment or order may
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1 direct either parent to pay the reasonable expenses incurred
2 by either parent related to the mother's pregnancy and the
3 delivery of the child. The judgment or order shall contain
4 the father's social security number, which the father shall
5 disclose to the court.
6 (2) If a judgment of parentage contains no explicit
7 award of custody, the establishment of a support obligation
8 or of visitation rights in one parent shall be considered a
9 judgment granting custody to the other parent. If the
10 parentage judgment contains no such provisions, custody shall
11 be presumed to be with the mother; however, the presumption
12 shall not apply if the father has had physical custody for at
13 least 6 months prior to the date that the mother seeks to
14 enforce custodial rights.
15 (b) The court shall order all child support payments,
16 determined in accordance with such guidelines, to commence
17 with the date summons is served. The level of current
18 periodic support payments shall not be reduced because of
19 payments set for the period prior to the date of entry of the
20 support order. The Court may order any child support
21 payments to be made for a period prior to the commencement of
22 the action. In determining whether and the extent to which
23 the payments shall be made for any prior period, the court
24 shall consider all relevant facts, including the factors for
25 determining the amount of support specified in the Illinois
26 Marriage and Dissolution of Marriage Act and other equitable
27 factors including but not limited to:
28 (1) The father's prior knowledge of the fact and
29 circumstances of the child's birth.
30 (2) The father's prior willingness or refusal to
31 help raise or support the child.
32 (3) The extent to which the mother or the public
33 agency bringing the action previously informed the father
34 of the child's needs or attempted to seek or require his
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1 help in raising or supporting the child.
2 (4) The reasons the mother or the public agency did
3 not file the action earlier.
4 (5) The extent to which the father would be
5 prejudiced by the delay in bringing the action.
6 For purposes of determining the amount of child support
7 to be paid for any period before the date the order for
8 current child support is entered, there is a rebuttable
9 presumption that the father's net income for the prior period
10 was the same as his net income at the time the order for
11 current child support is entered.
12 (c) Any new or existing support order entered by the
13 court under this Section shall be deemed to be a series of
14 judgments against the person obligated to pay support
15 thereunder, each judgment to be in the amount of each payment
16 or installment of support and each such judgment to be deemed
17 entered as of the date the corresponding payment or
18 installment becomes due under the terms of the support order.
19 Each judgment shall have the full force, effect and
20 attributes of any other judgment of this State, including the
21 ability to be enforced.
22 (d) If the judgment or order of the court is at variance
23 with the child's birth certificate, the court shall order
24 that a new birth certificate be issued under the Vital
25 Records Act.
26 (e) On request of the mother and the father, the court
27 shall order a change in the child's name. After hearing
28 evidence the court may stay payment of support during the
29 period of the father's minority or period of disability.
30 (f) If, upon proper service, the father fails to appear
31 in court, or otherwise appear as provided by law, the court
32 may proceed to hear the cause upon testimony of the mother or
33 other parties taken in open court and shall enter a judgment
34 by default. The court may reserve any order as to the amount
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1 of child support until the father has received notice, by
2 regular mail, of a hearing on the matter.
3 (g) A one-time charge of 20% is imposable upon the
4 amount of past-due child support owed on July 1, 1988 which
5 has accrued under a support order entered by the court. The
6 charge shall be imposed in accordance with the provisions of
7 Section 10-21 of the Illinois Public Aid Code and shall be
8 enforced by the court upon petition.
9 (h) An order for support entered or modified in a case
10 in which a party is receiving child and spouse support
11 services under Article X of the Illinois Public Aid Code
12 shall include a provision requiring the non-custodial parent
13 to notify the Illinois Department of Public Aid, within 7
14 days, of the name and address of any new employer of the
15 non-custodial parent, whether the non-custodial parent has
16 access to health insurance coverage through the employer or
17 other group coverage, and, if so, the policy name and number
18 and the names of persons covered under the policy.
19 (i) An order for support shall include a date on which
20 the current support obligation terminates. The termination
21 date shall be no earlier than the date on which the child
22 covered by the order will attain the age of majority or is
23 otherwise emancipated. The order for support shall state
24 that the termination date does not apply to any arrearage
25 that may remain unpaid on that date. Nothing in this
26 subsection shall be construed to prevent the court from
27 modifying the order.
28 (j) An order entered under this Section shall include a
29 provision requiring the obligor to report to the obligee each
30 time the obligor obtains new employment, including the name
31 and address of the new employer, and each time the obligor's
32 employment is terminated for any reason. Failure to report
33 new employment or the termination of current employment is
34 indirect criminal contempt. For any obligor arrested for
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1 failure to report new employment bond shall be set in the
2 amount of the child support that should have been paid during
3 the period of unreported employment. An order entered under
4 this Section shall also include a provision requiring the
5 obligor and obligee parent to advise each other of a change
6 in residence within 5 days of the change.
7 (Source: P.A. 88-307; 88-538; 88-687, eff. 1-24-95.)