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90_SB0368ren
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
SB368 Re-enrolled 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 and
30 to the clerk of court within 10 days each time the obligor
31 obtains new employment, and each time the obligor's
32 employment is terminated for any reason. The report shall be
33 in writing and shall, in the case of new employment, include
34 the name and address of the new employer. Failure to report
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1 new employment or the termination of current employment, if
2 coupled with nonpayment of support for a period in excess of
3 60 days, is indirect criminal contempt. For any obligor
4 arrested for failure to report new employment bond shall be
5 set in the amount of the child support that should have been
6 paid during the period of unreported employment. An order
7 entered under this Section shall also include a provision
8 requiring the obligor and obligee parents to advise each
9 other of a change in residence within 5 days of the change
10 except when the court finds that the physical, mental, or
11 emotional health of a party or that of a minor child, or
12 both, would be seriously endangered by disclosure of the
13 party's address.
14 The Court shall determine the amount of maintenance using
15 the standards set forth in Section 504 of the Illinois
16 Marriage and Dissolution of Marriage Act.
17 Any new or existing support order entered by the court
18 under this Section shall be deemed to be a series of
19 judgments against the person obligated to pay support
20 thereunder, each such judgment to be in the amount of each
21 payment or installment of support and each such judgment to
22 be deemed entered as of the date the corresponding payment or
23 installment becomes due under the terms of the support order.
24 Each such judgment shall have the full force, effect and
25 attributes of any other judgment of this State, including the
26 ability to be enforced. Any such judgment is subject to
27 modification or termination only in accordance with Section
28 510 of the Illinois Marriage and Dissolution of Marriage Act.
29 When an order is entered for the support of a minor, the
30 court may provide therein for reasonable visitation of the
31 minor by the person or persons who provided support pursuant
32 to the order. Whoever willfully refuses to comply with such
33 visitation order or willfully interferes with its enforcement
34 may be declared in contempt of court and punished therefor.
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1 Except where the local governmental unit has entered into
2 an agreement with the Illinois Department for the Child and
3 Spouse Support Unit to act for it, as provided in Section
4 10-3.1, support orders entered by the court in cases
5 involving applicants or recipients under Article VI shall
6 provide that payments thereunder be made directly to the
7 local governmental unit. Orders for the support of all other
8 applicants or recipients shall provide that payments
9 thereunder be made directly to the Illinois Department. In
10 accordance with federal law and regulations, the Illinois
11 Department may continue to collect current maintenance
12 payments or child support payments, or both, after those
13 persons cease to receive public assistance and until
14 termination of services under Article X. The Illinois
15 Department shall pay the net amount collected to those
16 persons after deducting any costs incurred in making the
17 collection or any collection fee from the amount of any
18 recovery made. In both cases the order shall permit the
19 local governmental unit or the Illinois Department, as the
20 case may be, to direct the responsible relative or relatives
21 to make support payments directly to the needy person, or to
22 some person or agency in his behalf, upon removal of the
23 person from the public aid rolls or upon termination of
24 services under Article X.
25 If the notice of support due issued pursuant to Section
26 10-7 directs that support payments be made directly to the
27 needy person, or to some person or agency in his behalf, and
28 the recipient is removed from the public aid rolls, court
29 action may be taken against the responsible relative
30 hereunder if he fails to furnish support in accordance with
31 the terms of such notice.
32 Actions may also be brought under this Section in behalf
33 of any person who is in need of support from responsible
34 relatives, as defined in Section 2-11 of Article II who is
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1 not an applicant for or recipient of financial aid under this
2 Code. In such instances, the State's Attorney of the county
3 in which such person resides shall bring action against the
4 responsible relatives hereunder. If the Illinois Department,
5 as authorized by Section 10-1, extends the support services
6 provided by this Article to spouses and dependent children
7 who are not applicants or recipients under this Code, the
8 Child and Spouse Support Unit established by Section 10-3.1
9 shall bring action against the responsible relatives
10 hereunder and any support orders entered by the court in such
11 cases shall provide that payments thereunder be made directly
12 to the Illinois Department.
13 Whenever it is determined in a proceeding to establish or
14 enforce a child support or maintenance obligation that the
15 person owing a duty of support is unemployed, the court may
16 order the person to seek employment and report periodically
17 to the court with a diary, listing or other memorandum of his
18 or her efforts in accordance with such order. Additionally,
19 the court may order the unemployed person to report to the
20 Department of Employment Security for job search services or
21 to make application with the local Jobs Training Partnership
22 Act provider for participation in job search, training or
23 work programs and where the duty of support is owed to a
24 child receiving support services under this Article X, the
25 court may order the unemployed person to report to the
26 Illinois Department for participation in job search, training
27 or work programs established under Section 9-6 of this Code.
28 A determination under this Section shall not be
29 administratively reviewable by the procedures specified in
30 Sections 10-12, and 10-13 to 10-13.10. Any determination
31 under these Sections, if made the basis of court action under
32 this Section, shall not affect the de novo judicial
33 determination required under this Section.
34 A one-time charge of 20% is imposable upon the amount of
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1 past-due child support owed on July 1, 1988 which has accrued
2 under a support order entered by the court. The charge shall
3 be imposed in accordance with the provisions of Section 10-21
4 of this Code and shall be enforced by the court upon
5 petition.
6 An order for support entered or modified in a case in
7 which a party is receiving child and spouse support services
8 under this Article X shall include a provision requiring the
9 non-custodial parent to notify the Illinois Department,
10 within 7 days, of the name and address of any new employer of
11 the non-custodial parent, whether the non-custodial parent
12 has access to health insurance coverage through the employer
13 or other group coverage, and, if so, the policy name and
14 number and the names of persons covered under the policy.
15 An order for support shall include a date on which the
16 current support obligation terminates. The termination date
17 shall be no earlier than the date on which the child covered
18 by the order will attain the age of majority or is otherwise
19 emancipated. The order for support shall state that the
20 termination date does not apply to any arrearage that may
21 remain unpaid on that date. Nothing in this paragraph shall
22 be construed to prevent the court from modifying the order.
23 Upon notification in writing or by electronic
24 transmission from the Illinois Department to the clerk of the
25 court that a person who is receiving support payments under
26 this Section is receiving services under the Child Support
27 Enforcement Program established by Title IV-D of the Social
28 Security Act, any support payments subsequently received by
29 the clerk of the court shall be transmitted in accordance
30 with the instructions of the Illinois Department until the
31 Illinois Department gives notice to the clerk of the court to
32 cease the transmittal. After providing the notification
33 authorized under this paragraph, the Illinois Department
34 shall be entitled as a party to notice of any further
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1 proceedings in the case. The clerk of the court shall file a
2 copy of the Illinois Department's notification in the court
3 file. The clerk's failure to file a copy of the
4 notification in the court file shall not, however, affect the
5 Illinois Department's right to receive notice of further
6 proceedings.
7 Payments under this Section to the Illinois Department
8 pursuant to the Child Support Enforcement Program established
9 by Title IV-D of the Social Security Act shall be paid into
10 the Child Support Enforcement Trust Fund. All other payments
11 under this Section to the Illinois Department shall be
12 deposited in the Public Assistance Recoveries Trust Fund.
13 Disbursements from these funds shall be as provided in
14 Sections 12-9 and 12-10.2 of this Code. Payments received by
15 a local governmental unit shall be deposited in that unit's
16 General Assistance Fund.
17 (Source: P.A. 88-307; 88-687, eff. 1-24-95.)
18 (305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
19 Sec. 10-11. Administrative Orders. In lieu of actions
20 for court enforcement of support under Section 10-10, the
21 Child and Spouse Support Unit of the Illinois Department, in
22 accordance with the rules of the Illinois Department, may
23 issue an administrative order requiring the responsible
24 relative to comply with the terms of the determination and
25 notice of support due, determined and issued under Sections
26 10-6 and 10-7. The Unit may also enter an administrative
27 order under subsection (b) of Section 10-7. The
28 administrative order shall be served upon the responsible
29 relative by United States registered or certified mail.
30 If a responsible relative fails to petition the Illinois
31 Department for release from or modification of the
32 administrative order, as provided in Section 10-12, the order
33 shall become final and there shall be no further
SB368 Re-enrolled -8- LRB9001054SMdv
1 administrative or judicial remedy. Likewise a decision by
2 the Illinois Department as a result of an administrative
3 hearing, as provided in Sections 10-13 to 10-13.10, shall
4 become final and enforceable if not judicially reviewed under
5 the Administrative Review Law, as provided in Section 10-14.
6 Any new or existing support order entered by the Illinois
7 Department under this Section shall be deemed to be a series
8 of 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. Any such judgment is subject to
16 modification or termination only in accordance with Section
17 510 of the Illinois Marriage and Dissolution of Marriage Act.
18 An order entered under this Section shall include a
19 provision requiring the obligor to report to the obligee and
20 to the clerk of court within 10 days each time the obligor
21 obtains new employment, and each time the obligor's
22 employment is terminated for any reason. The report shall be
23 in writing and shall, in the case of new employment, include
24 the name and address of the new employer. Failure to report
25 new employment or the termination of current employment, if
26 coupled with nonpayment of support for a period in excess of
27 60 days, is indirect criminal contempt. For any obligor
28 arrested for failure to report new employment bond shall be
29 set in the amount of the child support that should have been
30 paid during the period of unreported employment. An order
31 entered under this Section shall also include a provision
32 requiring the obligor and obligee parents to advise each
33 other of a change in residence within 5 days of the change
34 except when the court finds that the physical, mental, or
SB368 Re-enrolled -9- LRB9001054SMdv
1 emotional health of a party or that of a minor child, or
2 both, would be seriously endangered by disclosure of the
3 party's address.
4 A one-time charge of 20% is imposable upon the amount of
5 past-due child support owed on July 1, 1988, which has
6 accrued under a support order entered by the Illinois
7 Department under this Section. The charge shall be imposed
8 in accordance with the provisions of Section 10-21 and shall
9 be enforced by the court in a suit filed under Section 10-15.
10 (Source: P.A. 85-1156.)
11 Section 10. The Illinois Marriage and Dissolution of
12 Marriage Act is amended by changing Section 505 as follows:
13 (750 ILCS 5/505) (from Ch. 40, par. 505)
14 Sec. 505. Child support; contempt; penalties.
15 (a) In a proceeding for dissolution of marriage, legal
16 separation, declaration of invalidity of marriage, a
17 proceeding for child support following dissolution of the
18 marriage by a court which lacked personal jurisdiction over
19 the absent spouse, a proceeding for modification of a
20 previous order for child support under Section 510 of this
21 Act, or any proceeding authorized under Section 501 or 601 of
22 this Act, the court may order either or both parents owing a
23 duty of support to a child of the marriage to pay an amount
24 reasonable and necessary for his support, without regard to
25 marital misconduct. The duty of support owed to a minor
26 child includes the obligation to provide for the reasonable
27 and necessary physical, mental and emotional health needs of
28 the child.
29 (1) The Court shall determine the minimum amount of
30 support by using the following guidelines:
31 Number of Children Percent of Supporting Party's
32 Net Income
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1 1 20%
2 2 25%
3 3 32%
4 4 40%
5 5 45%
6 6 or more 50%
7 (2) The above guidelines shall be applied in each
8 case unless the court makes a finding that application of
9 the guidelines would be inappropriate, after considering
10 the best interests of the child in light of evidence
11 including but not limited to one or more of the following
12 relevant factors:
13 (a) the financial resources and needs of the
14 child;
15 (b) the financial resources and needs of the
16 custodial parent;
17 (c) the standard of living the child would
18 have enjoyed had the marriage not been dissolved;
19 (d) the physical and emotional condition of
20 the child, and his educational needs; and
21 (e) the financial resources and needs of the
22 non-custodial parent.
23 If the court deviates from the guidelines, the
24 court's finding shall state the amount of support that
25 would have been required under the guidelines, if
26 determinable. The court shall include the reason or
27 reasons for the variance from the guidelines.
28 (3) "Net income" is defined as the total of all
29 income from all sources, minus the following deductions:
30 (a) Federal income tax (properly calculated
31 withholding or estimated payments);
32 (b) State income tax (properly calculated
33 withholding or estimated payments);
34 (c) Social Security (FICA payments);
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1 (d) Mandatory retirement contributions
2 required by law or as a condition of employment;
3 (e) Union dues;
4 (f) Dependent and individual
5 health/hospitalization insurance premiums;
6 (g) Prior obligations of support or
7 maintenance actually paid pursuant to a court order;
8 (h) Expenditures for repayment of debts that
9 represent reasonable and necessary expenses for the
10 production of income, medical expenditures necessary
11 to preserve life or health, reasonable expenditures
12 for the benefit of the child and the other parent,
13 exclusive of gifts. The court shall reduce net
14 income in determining the minimum amount of support
15 to be ordered only for the period that such payments
16 are due and shall enter an order containing
17 provisions for its self-executing modification upon
18 termination of such payment period.
19 (4) In cases where the court order provides for
20 health/hospitalization insurance coverage pursuant to
21 Section 505.2 of this Act, the premiums for that
22 insurance, or that portion of the premiums for which the
23 supporting party is responsible in the case of insurance
24 provided through an employer's health insurance plan
25 where the employer pays a portion of the premiums, shall
26 be subtracted from net income in determining the minimum
27 amount of support to be ordered.
28 (4.5) In a proceeding for child support following
29 dissolution of the marriage by a court that lacked
30 personal jurisdiction over the absent spouse, and in
31 which the court is requiring payment of support for the
32 period before the date an order for current support is
33 entered, there is a rebuttable presumption that the
34 supporting party's net income for the prior period was
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1 the same as his or her net income at the time the order
2 for current support is entered.
3 (5) If the net income cannot be determined because
4 of default or any other reason, the court shall order
5 support in an amount considered reasonable in the
6 particular case. The final order in all cases shall
7 state the support level in dollar amounts.
8 (b) Failure of either parent to comply with an order to
9 pay support shall be punishable as in other cases of
10 contempt. In addition to other penalties provided by law the
11 Court may, after finding the parent guilty of contempt, order
12 that the parent be:
13 (1) placed on probation with such conditions of
14 probation as the Court deems advisable;
15 (2) sentenced to periodic imprisonment for a period
16 not to exceed 6 months; provided, however, that the Court
17 may permit the parent to be released for periods of time
18 during the day or night to:
19 (A) work; or
20 (B) conduct a business or other self-employed
21 occupation.
22 The Court may further order any part or all of the
23 earnings of a parent during a sentence of periodic
24 imprisonment paid to the Clerk of the Circuit Court or to the
25 parent having custody or to the guardian having custody of
26 the minor children of the sentenced parent for the support of
27 said minor children until further order of the Court.
28 The court may also order in cases where the parent is 90
29 days or more delinquent in payment of support or has been
30 adjudicated in arrears in an amount equal to 90 days
31 obligation or more, that the parent's Illinois driving
32 privileges be suspended until the court determines that the
33 parent is in compliance with the order of support. The court
34 may also order that the parent be issued a family financial
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1 responsibility driving permit that would allow limited
2 driving privileges for employment and medical purposes in
3 accordance with Section 7-702.1 of the Illinois Vehicle Code.
4 The clerk of the circuit court shall certify the order
5 suspending the driving privileges of the parent or granting
6 the issuance of a family financial responsibility driving
7 permit to the Secretary of State on forms prescribed by the
8 Secretary. Upon receipt of the authenticated documents, the
9 Secretary of State shall suspend the parent's driving
10 privileges until further order of the court and shall, if
11 ordered by the court, subject to the provisions of Section
12 7-702.1 of the Illinois Vehicle Code, issue a family
13 financial responsibility driving permit to the parent.
14 (c) A one-time charge of 20% is imposable upon the
15 amount of past-due child support owed on July 1, 1988 which
16 has accrued under a support order entered by the court. The
17 charge shall be imposed in accordance with the provisions of
18 Section 10-21 of the Illinois Public Aid Code and shall be
19 enforced by the court upon petition.
20 (d) Any new or existing support order entered by the
21 court under this Section shall be deemed to be a series of
22 judgments against the person obligated to pay support
23 thereunder, each such judgment to be in the amount of each
24 payment or installment of support and each such judgment to
25 be deemed entered as of the date the corresponding payment or
26 installment becomes due under the terms of the support order.
27 Each such judgment shall have the full force, effect and
28 attributes of any other judgment of this State, including the
29 ability to be enforced.
30 (e) When child support is to be paid through the clerk
31 of the court in a county of 1,000,000 inhabitants or less,
32 the order shall direct the obligor to pay to the clerk, in
33 addition to the child support payments, all fees imposed by
34 the county board under paragraph (3) of subsection (u) of
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1 Section 27.1 of the Clerks of Courts Act. Unless paid in
2 cash or pursuant to an order for withholding, the payment of
3 the fee shall be by a separate instrument from the support
4 payment and shall be made to the order of the Clerk.
5 (f) An order for support entered or modified in a case
6 in which a party is receiving child and spouse support
7 services under Article X of the Illinois Public Aid Code
8 shall include a provision requiring the obligor to notify the
9 Illinois Department of Public Aid, within 7 days, (i) of the
10 name and address of any new employer of the obligor, (ii)
11 whether the obligor has access to health insurance coverage
12 through the employer or other group coverage, and (iii) if
13 so, the policy name and number and the names of persons
14 covered under the policy.
15 (g) An order for support shall include a date on which
16 the current support obligation terminates. The termination
17 date shall be no earlier than the date on which the child
18 covered by the order will attain the age of majority or is
19 otherwise emancipated. The order for support shall state
20 that the termination date does not apply to any arrearage
21 that may remain unpaid on that date. Nothing in this
22 subsection shall be construed to prevent the court from
23 modifying the order.
24 (h) An order entered under this Section shall include a
25 provision requiring the obligor to report to the obligee and
26 to the clerk of court within 10 days each time the obligor
27 obtains new employment, and each time the obligor's
28 employment is terminated for any reason. The report shall be
29 in writing and shall, in the case of new employment, include
30 the name and address of the new employer. Failure to report
31 new employment or the termination of current employment, if
32 coupled with nonpayment of support for a period in excess of
33 60 days, is indirect criminal contempt. For any obligor
34 arrested for failure to report new employment bond shall be
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1 set in the amount of the child support that should have been
2 paid during the period of unreported employment. An order
3 entered under this Section shall also include a provision
4 requiring the obligor and obligee parents to advise each
5 other of a change in residence within 5 days of the change
6 except when the court finds that the physical, mental, or
7 emotional health of a party or that of a minor child, or
8 both, would be seriously endangered by disclosure of the
9 party's address.
10 (Source: P.A. 88-307; 88-687, eff. 1-24-95; 89-88, eff.
11 6-30-95; 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.)
12 Section 15. The Non-Support of Spouse and Children Act
13 is amended by changing Sections 3 and 4 as follows:
14 (750 ILCS 15/3) (from Ch. 40, par. 1106)
15 Sec. 3. At any time before the trial, upon motion of the
16 State's Attorney, or of the Attorney General if the action
17 has been instituted by his office, and upon notice to the
18 defendant, or at the time of arraignment or as a condition of
19 the postponement of arraignment, the court at any time may
20 enter such temporary order as may seem just, providing for
21 the support or maintenance of the spouse or child or children
22 of the defendant, or both, pendente lite.
23 The Court shall determine the amount of child support by
24 using the guidelines and standards set forth in subsection
25 (a) of Section 505 and in Section 505.2 of the Illinois
26 Marriage and Dissolution of Marriage Act.
27 An order entered under this Section shall include a
28 provision requiring the obligor to report to the obligee and
29 to the clerk of court within 10 days each time the obligor
30 obtains new employment, and each time the obligor's
31 employment is terminated for any reason. The report shall be
32 in writing and shall, in the case of new employment, include
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1 the name and address of the new employer. Failure to report
2 new employment or the termination of current employment, if
3 coupled with nonpayment of support for a period in excess of
4 60 days, is indirect criminal contempt. For any obligor
5 arrested for failure to report new employment bond shall be
6 set in the amount of the child support that should have been
7 paid during the period of unreported employment. An order
8 entered under this Section shall also include a provision
9 requiring the obligor and obligee parents to advise each
10 other of a change in residence within 5 days of the change
11 except when the court finds that the physical, mental, or
12 emotional health of a party or that of a minor child, or
13 both, would be seriously endangered by disclosure of the
14 party's address.
15 The Court shall determine the amount of maintenance using
16 the standards set forth in Section 504 of the Illinois
17 Marriage and Dissolution of Marriage Act.
18 The court may for violation of any order under this
19 Section punish the offender as for a contempt of court, but
20 no pendente lite order shall remain in force for a longer
21 term than 4 months, or after the discharge of any panel of
22 jurors summoned for service thereafter in such court,
23 whichever is the sooner.
24 Any new or existing support order entered by the court
25 under this Section shall be deemed to be a series of
26 judgments against the person obligated to pay support
27 thereunder, each such judgment to be in the amount of each
28 payment or installment of support and each such judgment to
29 be deemed entered as of the date the corresponding payment or
30 installment becomes due under the terms of the support order.
31 Each such judgment shall have the full force, effect and
32 attributes of any other judgment of this State, including the
33 ability to be enforced. Any such judgment is subject to
34 modification or termination only in accordance with Section
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1 510 of the Illinois Marriage and Dissolution of Marriage Act.
2 A one-time interest charge of 20% is imposable upon the
3 amount of past-due child support owed on July 1, 1988 which
4 has accrued under a support order entered by the court. The
5 charge shall be imposed in accordance with the provisions of
6 Section 10-21 of the Illinois Public Aid Code and shall be
7 enforced by the court upon petition.
8 An order for support entered or modified in a case in
9 which a party is receiving child and spouse support services
10 under Article X of the Illinois Public Aid Code shall include
11 a provision requiring the non-custodial parent to notify the
12 Illinois Department of Public Aid, within 7 days, of the name
13 and address of any new employer of the non-custodial parent,
14 whether the non-custodial parent has access to health
15 insurance coverage through the employer or other group
16 coverage, and, if so, the policy name and number and the
17 names of persons covered under the policy.
18 An order for support shall include a date on which the
19 current support obligation terminates. The termination date
20 shall be no earlier than the date on which the child covered
21 by the order will attain the age of majority or is otherwise
22 emancipated. The order for support shall state that the
23 termination date does not apply to any arrearage that may
24 remain unpaid on that date. Nothing in this paragraph shall
25 be construed to prevent the court from modifying the order.
26 (Source: P.A. 88-307.)
27 (750 ILCS 15/4) (from Ch. 40, par. 1107)
28 Sec. 4. Whenever a fine is imposed it may be directed by
29 the court to be paid, in whole or in part, to the spouse, or
30 if the support of a minor child or children is involved, to
31 the clerk, probation officer, the Court Service Division of
32 the County Department of Public Aid in counties of 3 million
33 or more population or to the Illinois Department of Public
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1 Aid or a local governmental unit if a recipient of public aid
2 is involved, in accordance with Section 2.1, as the case
3 requires, to be disbursed by such officers, agency or
4 governmental unit under the terms of the order. However,
5 before the trial with the consent of the defendant, or at the
6 trial on entry of a plea of guilty, or after conviction,
7 instead of imposing the penalty provided in this Act, or in
8 addition thereto, the court in its discretion, having regard
9 to the circumstances and the financial ability or earning
10 capacity of the defendant, may make an order, subject to
11 change by the court from time to time as circumstances may
12 require, directing the defendant to pay a certain sum
13 periodically for a term not exceeding 3 years to the spouse
14 or, if the support of a minor child or children is involved,
15 to the clerk, probation officer, the Court Service Division
16 of the County Department of Public Aid in counties of 3
17 million or more population or to the Illinois Department of
18 Public Aid or a local governmental unit if a recipient of
19 public aid is involved in accordance with Section 2.1, as the
20 case requires, to be disbursed by such officers, agency or
21 governmental unit under the terms of the order.
22 The Court shall determine the amount of child support by
23 using the standards set forth in subsection (a) of Section
24 505 and in Section 505.2 of the Illinois Marriage and
25 Dissolution of Marriage Act.
26 An order entered under this Section shall include a
27 provision requiring the obligor to report to the obligee and
28 to the clerk of court within 10 days each time the obligor
29 obtains new employment, and each time the obligor's
30 employment is terminated for any reason. The report shall be
31 in writing and shall, in the case of new employment, include
32 the name and address of the new employer. Failure to report
33 new employment or the termination of current employment, if
34 coupled with nonpayment of support for a period in excess of
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1 60 days, is indirect criminal contempt. For any obligor
2 arrested for failure to report new employment bond shall be
3 set in the amount of the child support that should have been
4 paid during the period of unreported employment. An order
5 entered under this Section shall also include a provision
6 requiring the obligor and obligee parents to advise each
7 other of a change in residence within 5 days of the change
8 except when the court finds that the physical, mental, or
9 emotional health of a party or that of a minor child, or
10 both, would be seriously endangered by disclosure of the
11 party's address.
12 The Court shall determine the amount of maintenance using
13 the standards set forth in Section 504 of the Illinois
14 Marriage and Dissolution of Marriage Act.
15 The court may also relieve the defendant from custody on
16 probation for the period fixed in the order or judgment upon
17 his or her entering into a recognizance, with or without
18 surety, in such sum as the court orders and approves. The
19 condition of the recognizance shall be such that if the
20 defendant makes his or her personal appearance in court
21 whenever ordered to do so by the court, during such period as
22 may be so fixed, and further complies with the terms of the
23 order of support, or of any subsequent modification thereof,
24 then the recognizance shall be void; otherwise in full force
25 and effect.
26 Any new or existing support order entered by the court
27 under this Section shall be deemed to be a series of
28 judgments against the person obligated to pay support
29 thereunder, each such judgment to be in the amount of each
30 payment or installment of support and each such judgment to
31 be deemed entered as of the date the corresponding payment or
32 installment becomes due under the terms of the support order.
33 Each such judgment shall have the full force, effect and
34 attributes of any other judgment of this State, including the
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1 ability to be enforced. Any such judgment is subject to
2 modification or termination only in accordance with Section
3 510 of the Illinois Marriage and Dissolution of Marriage Act.
4 A one-time charge of 20% is imposable upon the amount of
5 past-due child support owed on July 1, 1988 which has accrued
6 under a support order entered by the court. The charge shall
7 be imposed in accordance with the provisions of Section 10-21
8 of the Illinois Public Aid Code and shall be enforced by the
9 court upon petition.
10 An order for support entered or modified in a case in
11 which a party is receiving child and spouse support services
12 under Article X of the Illinois Public Aid Code shall include
13 a provision requiring the non-custodial parent to notify the
14 Illinois Department of Public Aid, within 7 days, of the name
15 and address of any new employer of the non-custodial parent,
16 whether the non-custodial parent has access to health
17 insurance coverage through the employer or other group
18 coverage, and, if so, the policy name and number and the
19 names of persons covered under the policy.
20 An order for support shall include a date on which the
21 current support obligation terminates. The termination date
22 shall be no earlier than the date on which the child covered
23 by the order will attain the age of majority or is otherwise
24 emancipated. The order for support shall state that the
25 termination date does not apply to any arrearage that may
26 remain unpaid on that date. Nothing in this paragraph shall
27 be construed to prevent the court from modifying the order.
28 (Source: P.A. 88-307.)
29 Section 20. The Revised Uniform Reciprocal Enforcement
30 of Support Act is amended by changing Section 24 as follows:
31 (750 ILCS 20/24) (from Ch. 40, par. 1224)
32 Sec. 24. Order of Support. If the responding court finds
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1 a duty of support it may order the obligor to furnish support
2 or reimbursement therefor and subject the property of the
3 obligor to the order.
4 Any new or existing support order entered by a court or
5 administrative body of this or any other State shall be
6 deemed to be a series of judgments against the person
7 obligated to pay support thereunder, each such judgment to be
8 in the amount of each payment or installment of support and
9 each such judgment to be deemed entered as of the date the
10 corresponding payment or installment becomes due under the
11 terms of the support order. Each such judgment shall:
12 (1) have the full force, effect, and attributes of
13 any other judgment of such State, including the ability
14 to be enforced;
15 (2) be entitled as a judgment to full faith and
16 credit in this and any other State; and
17 (3) not be subject to retroactive modification by
18 this or any other State; except that modification is
19 permitted with respect to any period during which there
20 is pending a petition for modification, but only from the
21 date that notice of such petition has been given in
22 accordance with law.
23 Where the terms of a support order entered by a court or
24 administrative body of this or any other State are subject to
25 modification, or where action is not based upon such order,
26 the Illinois court shall determine the amount of maintenance
27 or child support by using the guidelines and standards set
28 forth in Section 504, or in subsection (a) of Section 505 and
29 in Section 505.2 of the Illinois Marriage and Dissolution of
30 Marriage Act, respectively.
31 When no prior support order exists, but the court finds a
32 duty of support and enters an order for current support, the
33 court may enter an order for payment of support for a period
34 before the date the order for current support is entered.
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1 Support for the prior period shall be determined by using the
2 guidelines and standards set forth in Section 504, or in
3 subsection (a) of Section 505, and in Section 505.2 of the
4 Illinois Marriage and Dissolution of Marriage Act. For
5 purposes of determining the amount of support to be paid for
6 the prior period, there is a rebuttable presumption that the
7 obligor's net income for that period was the same as his or
8 her net income at the time the order for current support is
9 entered.
10 Support orders made pursuant to this Act shall require
11 that payments be made to the clerk of the court of the
12 responding state. The court and prosecuting attorney of any
13 county in which the obligor is present or has property have
14 the same powers and duties to enforce the order as have those
15 of the county in which it was first issued. If enforcement is
16 impossible or cannot be completed in the county in which the
17 order was issued, the prosecuting attorney shall send a
18 certified copy of the order to the prosecuting attorney of
19 any county in which it appears that proceedings to enforce
20 the order would be effective. The prosecuting attorney to
21 whom the certified copy of the order is forwarded shall
22 proceed with enforcement and report the results of the
23 proceedings to the court first issuing the order.
24 An order entered under this Section shall include a
25 provision requiring the obligor to report to the obligee and
26 to the clerk of court within 10 days each time the obligor
27 obtains new employment, and each time the obligor's
28 employment is terminated for any reason. The report shall be
29 in writing and shall, in the case of new employment, include
30 the name and address of the new employer. Failure to report
31 new employment or the termination of current employment, if
32 coupled with nonpayment of support for a period in excess of
33 60 days, is indirect criminal contempt. For any obligor
34 arrested for failure to report new employment bond shall be
SB368 Re-enrolled -23- LRB9001054SMdv
1 set in the amount of the child support that should have been
2 paid during the period of unreported employment. An order
3 entered under this Section shall also include a provision
4 requiring the obligor and obligee parents to advise each
5 other of a change in residence within 5 days of the change
6 except when the court finds that the physical, mental, or
7 emotional health of a party or that of a minor child, or
8 both, would be seriously endangered by disclosure of the
9 party's address.
10 A one-time charge of 20% is imposable upon the amount of
11 past-due child support owed on July 1, 1988 which has accrued
12 under a support order entered by the court. The charge shall
13 be imposed in accordance with the provisions of Section 10-21
14 of the Illinois Public Aid Code and shall be enforced by the
15 court upon petition.
16 A court or administrative body of this State may modify a
17 support order of another state only if that other state no
18 longer has continuing, exclusive jurisdiction of the
19 proceeding in which the support order was entered. The order
20 must be registered under Section 609 of the Uniform
21 Interstate Family Support Act and may be modified only if
22 permitted under Section 611 of the Uniform Interstate Family
23 Support Act.
24 An order for support entered or modified in a case in
25 which a party is receiving child and spouse support services
26 under Article X of the Illinois Public Aid Code shall include
27 a provision requiring the non-custodial parent to notify the
28 Illinois Department of Public Aid, within 7 days, of the name
29 and address of any new employer of the non-custodial parent,
30 whether the non-custodial parent has access to health
31 insurance coverage through the employer or other group
32 coverage, and, if so, the policy name and number and the
33 names of persons covered under the policy.
34 An order for support shall include a date on which the
SB368 Re-enrolled -24- LRB9001054SMdv
1 current support obligation terminates. The termination date
2 shall be no earlier than the date on which the child covered
3 by the order will attain the age of majority or is otherwise
4 emancipated. The order for support shall state that the
5 termination date does not apply to any arrearage that may
6 remain unpaid on that date. Nothing in this paragraph shall
7 be construed to prevent the court from modifying the order.
8 (Source: P.A. 88-307; 88-550 (eff. date changed from 1-1-95
9 to 1-1-96 on 1-24-95 by P.A. 88-691); 88-687, eff. 1-24-95.)
10 Section 25. The Illinois Parentage Act of 1984 is
11 amended by changing Section 14 as follows:
12 (750 ILCS 45/14) (from Ch. 40, par. 2514)
13 Sec. 14. Judgment.
14 (a) (1) The judgment shall contain or explicitly reserve
15 provisions concerning any duty and amount of child support
16 and may contain provisions concerning the custody and
17 guardianship of the child, visitation privileges with the
18 child, the furnishing of bond or other security for the
19 payment of the judgment, which the court shall determine in
20 accordance with the relevant factors set forth in the
21 Illinois Marriage and Dissolution of Marriage Act and any
22 other applicable law of Illinois, to guide the court in a
23 finding in the best interests of the child. In determining
24 custody, joint custody, or visitation, the court shall apply
25 the relevant standards of the Illinois Marriage and
26 Dissolution of Marriage Act. Specifically, in determining the
27 amount of any child support award, the court shall use the
28 guidelines and standards set forth in subsection (a) of
29 Section 505 and in Section 505.2 of the Illinois Marriage and
30 Dissolution of Marriage Act. For purposes of Section 505 of
31 the Illinois Marriage and Dissolution of Marriage Act, "net
32 income" of the non-custodial parent shall include any
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1 benefits available to that person under the Illinois Public
2 Aid Code or from other federal, State or local
3 government-funded programs. The court shall, in any event
4 and regardless of the amount of the non-custodial parent's
5 net income, in its judgment order the non-custodial parent to
6 pay child support to the custodial parent in a minimum amount
7 of not less than $10 per month. In an action brought within
8 2 years after a child's birth, the judgment or order may
9 direct either parent to pay the reasonable expenses incurred
10 by either parent related to the mother's pregnancy and the
11 delivery of the child. The judgment or order shall contain
12 the father's social security number, which the father shall
13 disclose to the court.
14 (2) If a judgment of parentage contains no explicit
15 award of custody, the establishment of a support obligation
16 or of visitation rights in one parent shall be considered a
17 judgment granting custody to the other parent. If the
18 parentage judgment contains no such provisions, custody shall
19 be presumed to be with the mother; however, the presumption
20 shall not apply if the father has had physical custody for at
21 least 6 months prior to the date that the mother seeks to
22 enforce custodial rights.
23 (b) The court shall order all child support payments,
24 determined in accordance with such guidelines, to commence
25 with the date summons is served. The level of current
26 periodic support payments shall not be reduced because of
27 payments set for the period prior to the date of entry of the
28 support order. The Court may order any child support
29 payments to be made for a period prior to the commencement of
30 the action. In determining whether and the extent to which
31 the payments shall be made for any prior period, the court
32 shall consider all relevant facts, including the factors for
33 determining the amount of support specified in the Illinois
34 Marriage and Dissolution of Marriage Act and other equitable
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1 factors including but not limited to:
2 (1) The father's prior knowledge of the fact and
3 circumstances of the child's birth.
4 (2) The father's prior willingness or refusal to
5 help raise or support the child.
6 (3) The extent to which the mother or the public
7 agency bringing the action previously informed the father
8 of the child's needs or attempted to seek or require his
9 help in raising or supporting the child.
10 (4) The reasons the mother or the public agency did
11 not file the action earlier.
12 (5) The extent to which the father would be
13 prejudiced by the delay in bringing the action.
14 For purposes of determining the amount of child support
15 to be paid for any period before the date the order for
16 current child support is entered, there is a rebuttable
17 presumption that the father's net income for the prior period
18 was the same as his net income at the time the order for
19 current child support is entered.
20 (c) Any new or existing support order entered by the
21 court under this Section shall be deemed to be a series of
22 judgments against the person obligated to pay support
23 thereunder, each judgment to be in the amount of each payment
24 or installment of support and each such judgment to be deemed
25 entered as of the date the corresponding payment or
26 installment becomes due under the terms of the support order.
27 Each judgment shall have the full force, effect and
28 attributes of any other judgment of this State, including the
29 ability to be enforced.
30 (d) If the judgment or order of the court is at variance
31 with the child's birth certificate, the court shall order
32 that a new birth certificate be issued under the Vital
33 Records Act.
34 (e) On request of the mother and the father, the court
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1 shall order a change in the child's name. After hearing
2 evidence the court may stay payment of support during the
3 period of the father's minority or period of disability.
4 (f) If, upon proper service, the father fails to appear
5 in court, or otherwise appear as provided by law, the court
6 may proceed to hear the cause upon testimony of the mother or
7 other parties taken in open court and shall enter a judgment
8 by default. The court may reserve any order as to the amount
9 of child support until the father has received notice, by
10 regular mail, of a hearing on the matter.
11 (g) A one-time charge of 20% is imposable upon the
12 amount of past-due child support owed on July 1, 1988 which
13 has accrued under a support order entered by the court. The
14 charge shall be imposed in accordance with the provisions of
15 Section 10-21 of the Illinois Public Aid Code and shall be
16 enforced by the court upon petition.
17 (h) An order for support entered or modified in a case
18 in which a party is receiving child and spouse support
19 services under Article X of the Illinois Public Aid Code
20 shall include a provision requiring the non-custodial parent
21 to notify the Illinois Department of Public Aid, within 7
22 days, of the name and address of any new employer of the
23 non-custodial parent, whether the non-custodial parent has
24 access to health insurance coverage through the employer or
25 other group coverage, and, if so, the policy name and number
26 and the names of persons covered under the policy.
27 (i) An order for support shall include a date on which
28 the current support obligation terminates. The termination
29 date shall be no earlier than the date on which the child
30 covered by the order will attain the age of majority or is
31 otherwise emancipated. The order for support shall state
32 that the termination date does not apply to any arrearage
33 that may remain unpaid on that date. Nothing in this
34 subsection shall be construed to prevent the court from
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1 modifying the order.
2 (j) An order entered under this Section shall include a
3 provision requiring the obligor to report to the obligee and
4 to the clerk of court within 10 days each time the obligor
5 obtains new employment, and each time the obligor's
6 employment is terminated for any reason. The report shall be
7 in writing and shall, in the case of new employment, include
8 the name and address of the new employer. Failure to report
9 new employment or the termination of current employment, if
10 coupled with nonpayment of support for a period in excess of
11 60 days, is indirect criminal contempt. For any obligor
12 arrested for failure to report new employment bond shall be
13 set in the amount of the child support that should have been
14 paid during the period of unreported employment. An order
15 entered under this Section shall also include a provision
16 requiring the obligor and obligee parents to advise each
17 other of a change in residence within 5 days of the change
18 except when the court finds that the physical, mental, or
19 emotional health of a party or that of a minor child, or
20 both, would be seriously endangered by disclosure of the
21 party's address.
22 (Source: P.A. 88-307; 88-538; 88-687, eff. 1-24-95.)