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90_SB1052
750 ILCS 5/505 from Ch. 40, par. 505
Amends the Illinois Marriage and Dissolution of Marriage
Act to make a technical change to a provision concerning
child support.
LRB9002787NTsb
LRB9002787NTsb
1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Section 505.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Section 505 as follows:
7 (750 ILCS 5/505) (from Ch. 40, par. 505)
8 Sec. 505. Child support; contempt; penalties.
9 (a) In a proceeding for dissolution of marriage, legal
10 separation, declaration of invalidity of marriage, a
11 proceeding for child support following dissolution of the
12 marriage by a court which lacked personal jurisdiction over
13 the absent spouse, a proceeding for modification of a
14 previous order for child support under Section 510 of this
15 Act, or any proceeding authorized under Section 501 or 601 of
16 this Act, the court may order either or both parents owing a
17 duty of support to a child of the marriage to pay an amount
18 reasonable and necessary for his support, without regard to
19 marital misconduct. The duty of support owed to a minor
20 child includes the obligation to provide for the reasonable
21 and necessary physical, mental and emotional health needs of
22 the child.
23 (1) The Court shall determine the minimum amount of
24 support by using the following guidelines:
25 Number of Children Percent of Supporting Party's
26 Net Income
27 1 20%
28 2 25%
29 3 32%
30 4 40%
31 5 45%
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1 6 or more 50%
2 (2) The above guidelines shall be applied in each
3 case unless the court makes a finding that application of
4 the guidelines would be inappropriate, after considering
5 the best interests of the child in light of evidence
6 including but not limited to one or more of the following
7 relevant factors:
8 (a) the financial resources and needs of the
9 child;
10 (b) the financial resources and needs of the
11 custodial parent;
12 (c) the standard of living the child would
13 have enjoyed had the marriage not been dissolved;
14 (d) the physical and emotional condition of
15 the child, and his educational needs; and
16 (e) the financial resources and needs of the
17 non-custodial parent.
18 If the court deviates from the guidelines, the
19 court's finding shall state the amount of support that
20 would have been required under the guidelines, if
21 determinable. The court shall include the reason or
22 reasons for the variance from the guidelines.
23 (3) "Net income" is defined as the total of all
24 income from all sources, minus the following deductions:
25 (a) Federal income tax (properly calculated
26 withholding or estimated payments);
27 (b) State income tax (properly calculated
28 withholding or estimated payments);
29 (c) Social Security (FICA payments);
30 (d) Mandatory retirement contributions
31 required by law or as a condition of employment;
32 (e) Union dues;
33 (f) Dependent and individual
34 health/hospitalization insurance premiums;
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1 (g) Prior obligations of support or
2 maintenance actually paid pursuant to a court order;
3 (h) Expenditures for repayment of debts that
4 represent reasonable and necessary expenses for the
5 production of income, medical expenditures necessary
6 to preserve life or health, reasonable expenditures
7 for the benefit of the child and the other parent,
8 exclusive of gifts. The court shall reduce net
9 income in determining the minimum amount of support
10 to be ordered only for the period that such payments
11 are due and shall enter an order containing
12 provisions for its self-executing modification upon
13 termination of such payment period.
14 (4) In cases where the court order provides for
15 health/hospitalization insurance coverage pursuant to
16 Section 505.2 of this Act, the premiums for that
17 insurance, or that portion of the premiums for which the
18 supporting party is responsible in the case of insurance
19 provided through an employer's health insurance plan
20 where the employer pays a portion of the premiums, shall
21 be subtracted from net income in determining the minimum
22 amount of support to be ordered.
23 (4.5) In a proceeding for child support following
24 dissolution of the marriage by a court that lacked
25 personal jurisdiction over the absent spouse, and in
26 which the court is requiring payment of support for the
27 period before the date an order for current support is
28 entered, there is a rebuttable presumption that the
29 supporting party's net income for the prior period was
30 the same as his or her net income at the time the order
31 for current support is entered.
32 (5) If the net income cannot be determined because
33 of default or any other reason, the court shall order
34 support in an amount considered reasonable in the
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1 particular case. The final order in all cases shall
2 state the support level in dollar amounts.
3 (b) Failure of either parent to comply with an order to
4 pay support shall be punishable as in other cases of
5 contempt. In addition to other penalties provided by law the
6 Court may, after finding the parent guilty of contempt, order
7 that the parent be:
8 (1) placed on probation with such conditions of
9 probation as the Court deems advisable;
10 (2) sentenced to periodic imprisonment for a period
11 not to exceed 6 months; provided, however, that the Court
12 may permit the parent to be released for periods of time
13 during the day or night to:
14 (A) work; or
15 (B) conduct a business or other self-employed
16 occupation.
17 The Court may further order any part or all of the
18 earnings of a parent during a sentence of periodic
19 imprisonment paid to the Clerk of the Circuit Court or to the
20 parent having custody or to the guardian having custody of
21 the minor children of the sentenced parent for the support of
22 said minor children until further order of the Court.
23 The court may also order in cases where the parent is 90
24 days or more delinquent in payment of support or has been
25 adjudicated in arrears in an amount equal to 90 days
26 obligation or more, that the parent's Illinois driving
27 privileges be suspended until the court determines that the
28 parent is in compliance with the order of support. The court
29 may also order that the parent be issued a family financial
30 responsibility driving permit that would allow limited
31 driving privileges for employment and medical purposes in
32 accordance with Section 7-702.1 of the Illinois Vehicle Code.
33 The clerk of the circuit court shall certify the order
34 suspending the driving privileges of the parent or granting
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1 the issuance of a family financial responsibility driving
2 permit to the Secretary of State on forms prescribed by the
3 Secretary. Upon receipt of the authenticated documents, the
4 Secretary of State shall suspend the parent's driving
5 privileges until further order of the court and shall, if
6 ordered by the court, subject to the provisions of Section
7 7-702.1 of the Illinois Vehicle Code, issue a family
8 financial responsibility driving permit to the parent.
9 (c) A one-time charge of 20% is imposable upon the
10 amount of past-due child support owed on July 1, 1988 which
11 has accrued under a support order entered by the court. The
12 charge shall be imposed in accordance with the provisions of
13 Section 10-21 of the Illinois Public Aid Code and shall be
14 enforced by the court upon petition.
15 (d) Any new or existing support order entered by the
16 court under this Section shall be deemed to be a series of
17 judgments against the person obligated to pay support
18 thereunder, each such judgment to be in the amount of each
19 payment or installment of support and each such judgment to
20 be deemed entered as of the date the corresponding payment or
21 installment becomes due under the terms of the support order.
22 Each such judgment shall have the full force, effect and
23 attributes of any other judgment of this State, including the
24 ability to be enforced.
25 (e) When child support is to be paid through the clerk
26 of the court in a county of 1,000,000 inhabitants or less,
27 the order shall direct the obligor to pay to the clerk, in
28 addition to the child support payments, all fees imposed by
29 the county board under paragraph (3) of subsection (u) of
30 Section 27.1 of the Clerks of Courts Act. Unless paid in
31 cash or pursuant to an order for withholding, the payment of
32 the fee shall be by a separate instrument from the support
33 payment and shall be made to the order of the Clerk.
34 (f) An order for support entered or modified in a case
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1 in which a party is receiving child and spouse support
2 services under Article X of the Illinois Public Aid Code
3 shall include a provision requiring the obligor to notify the
4 Illinois Department of Public Aid, within 7 days, (i) of the
5 name and address of any new employer of the obligor, (ii)
6 whether the obligor has access to health insurance coverage
7 through the employer or other group coverage, and (iii) if
8 so, the policy name and number and the names of persons
9 covered under the policy.
10 (g) An order for support shall include a date on which
11 the current support obligation terminates. The termination
12 date shall be no earlier than the date on which the child
13 covered by the order will attain the age of majority or is
14 otherwise emancipated. The order for support shall state
15 that the termination date does not apply to any arrearage
16 that may remain unpaid on that date. Nothing in this
17 subsection shall be construed to prevent the court from
18 modifying the order.
19 (Source: P.A. 88-307; 88-687, eff. 1-24-95; 89-88, eff.
20 6-30-95; 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.)