State of Illinois
92nd General Assembly

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 1        AN ACT in relation to child support.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Marriage  and  Dissolution  of
 5    Marriage Act is amended by changing Section 505 as follows:

 6        (750 ILCS 5/505) (from Ch. 40, par. 505)
 7        Sec. 505.  Child support; contempt; penalties.
 8        (a)  In  a  proceeding for dissolution of marriage, legal
 9    separation,  declaration  of  invalidity   of   marriage,   a
10    proceeding  for  child  support  following dissolution of the
11    marriage by a court which lacked personal  jurisdiction  over
12    the  absent  spouse,  a  proceeding  for  modification  of  a
13    previous  order  for  child support under Section 510 of this
14    Act, or any proceeding authorized under Section 501 or 601 of
15    this Act, the court may order either or both parents owing  a
16    duty  of  support to a child of the marriage to pay an amount
17    reasonable and necessary for his support, without  regard  to
18    marital  misconduct.  The  duty  of  support  owed to a minor
19    child includes the obligation to provide for  the  reasonable
20    and  necessary physical, mental and emotional health needs of
21    the child.
22             (1)  The Court shall determine the minimum amount of
23        support by using the following guidelines:
24          Number of Children       Percent of Supporting Party's
25                                             Net Income
26                  1                             20%
27                  2                             25%
28                  3                             32%
29                  4                             40%
30                  5                             45%
31              6 or more                         50%
                            -2-                LRB9205273DJgc
 1             In the case of  an  unemployed  person  who  is  the
 2        noncustodial parent, the court shall order that person to
 3        pay  a  minimum  amount  of  support (i) according to the
 4        guidelines set forth in this paragraph (1) or (ii) in the
 5        amount of $100 per month, whichever is greater.
 6             (2)  The above guidelines shall be applied  in  each
 7        case unless the court makes a finding that application of
 8        the  guidelines would be inappropriate, after considering
 9        the best interests of the  child  in  light  of  evidence
10        including but not limited to one or more of the following
11        relevant factors:
12                  (a)  the  financial  resources and needs of the
13             child;
14                  (b)  the financial resources and needs  of  the
15             custodial parent;
16                  (c)  the  standard  of  living  the child would
17             have enjoyed had the marriage not been dissolved;
18                  (d)  the physical and  emotional  condition  of
19             the child, and his educational needs; and
20                  (e)  the  financial  resources and needs of the
21             non-custodial parent.
22             If the  court  deviates  from  the  guidelines,  the
23        court's  finding  shall  state the amount of support that
24        would  have  been  required  under  the  guidelines,   if
25        determinable.   The  court  shall  include  the reason or
26        reasons for the variance from the guidelines.
27             (3)  "Net income" is defined as  the  total  of  all
28        income from all sources, minus the following deductions:
29                  (a)  Federal  income  tax  (properly calculated
30             withholding or estimated payments);
31                  (b)  State  income  tax  (properly   calculated
32             withholding or estimated payments);
33                  (c)  Social Security (FICA payments);
34                  (d)  Mandatory     retirement     contributions
                            -3-                LRB9205273DJgc
 1             required by law or as a condition of employment;
 2                  (e)  Union dues;
 3                  (f)  Dependent          and          individual
 4             health/hospitalization insurance premiums;
 5                  (g)  Prior    obligations    of    support   or
 6             maintenance actually paid pursuant to a court order;
 7                  (h)  Expenditures for repayment of  debts  that
 8             represent  reasonable and necessary expenses for the
 9             production of income, medical expenditures necessary
10             to preserve life or health, reasonable  expenditures
11             for  the  benefit of the child and the other parent,
12             exclusive of gifts.   The  court  shall  reduce  net
13             income  in determining the minimum amount of support
14             to be ordered only for the period that such payments
15             are  due  and  shall  enter  an   order   containing
16             provisions  for its self-executing modification upon
17             termination of such payment period.
18             In the case of an unemployed  person,  "net  income"
19        for  a  month  means  77%  of  the  amount  calculated by
20        multiplying (i) the State minimum hourly wage by (ii)  40
21        hours per week by (iii) the number of weeks in the month.
22             (4)  In  cases  where  the  court order provides for
23        health/hospitalization  insurance  coverage  pursuant  to
24        Section  505.2  of  this  Act,  the  premiums  for   that
25        insurance,  or that portion of the premiums for which the
26        supporting party is responsible in the case of  insurance
27        provided  through  an  employer's  health  insurance plan
28        where the employer pays a portion of the premiums,  shall
29        be  subtracted from net income in determining the minimum
30        amount of support to be ordered.
31             (4.5)  In a proceeding for child  support  following
32        dissolution  of  the  marriage  by  a  court  that lacked
33        personal jurisdiction over  the  absent  spouse,  and  in
34        which  the  court is requiring payment of support for the
                            -4-                LRB9205273DJgc
 1        period before the date an order for  current  support  is
 2        entered,  there  is  a  rebuttable  presumption  that the
 3        supporting party's net income for the  prior  period  was
 4        the  same  as his or her net income at the time the order
 5        for current support is entered.
 6             (5)  If the net income cannot be determined  because
 7        of  default  or  any  other reason, the court shall order
 8        support  in  an  amount  considered  reasonable  in   the
 9        particular  case.   The  final  order  in all cases shall
10        state the support level in dollar  amounts.  However,  if
11        the  court  finds that the child support amount cannot be
12        expressed exclusively as a dollar amount because all or a
13        portion of the payor's net  income  is  uncertain  as  to
14        source, time of payment, or amount, the court may order a
15        percentage  amount  of  support in addition to a specific
16        dollar amount and enter  such  other  orders  as  may  be
17        necessary  to  determine  and enforce, on a timely basis,
18        the applicable support ordered.
19             (6)  If (i) the non-custodial  parent  was  properly
20        served   with   a  request  for  discovery  of  financial
21        information  relating  to  the   non-custodial   parent's
22        ability  to provide child support, (ii) the non-custodial
23        parent failed to comply with the request, despite  having
24        been  ordered  to  do  so  by  the  court,  and (iii) the
25        non-custodial parent is not present  at  the  hearing  to
26        determine  support despite having received proper notice,
27        then any relevant financial  information  concerning  the
28        non-custodial  parent's  ability to provide child support
29        that was obtained pursuant to subpoena and proper  notice
30        shall  be  admitted  into  evidence  without  the need to
31        establish any further foundation for its admission.
32        (a-5)  In an action to enforce an order for support based
33    on the respondent's  failure  to  make  support  payments  as
34    required  by  the  order,  notice  of proceedings to hold the
                            -5-                LRB9205273DJgc
 1    respondent in contempt for that failure may be served on  the
 2    respondent  by  personal service or by regular mail addressed
 3    to the respondent's last known  address.    The  respondent's
 4    last  known  address  may  be  determined from records of the
 5    clerk of the court, from the Federal Case Registry  of  Child
 6    Support Orders, or by any other reasonable means.
 7        (b)  Failure  of either parent to comply with an order to
 8    pay  support  shall  be  punishable  as  in  other  cases  of
 9    contempt.  In addition to other penalties provided by law the
10    Court may, after finding the parent guilty of contempt, order
11    that the parent be:
12             (1)  placed on probation  with  such  conditions  of
13        probation as the Court deems advisable;
14             (2)  sentenced to periodic imprisonment for a period
15        not to exceed 6 months; provided, however, that the Court
16        may  permit the parent to be released for periods of time
17        during the day or night to:
18                  (A)  work; or
19                  (B)  conduct a business or other  self-employed
20             occupation.
21        The  Court  may  further  order  any  part  or all of the
22    earnings  of  a  parent  during  a   sentence   of   periodic
23    imprisonment paid to the Clerk of the Circuit Court or to the
24    parent  having  custody  or to the guardian having custody of
25    the minor children of the sentenced parent for the support of
26    said minor children until further order of the Court.
27        If there is a unity of interest and ownership  sufficient
28    to  render  no  financial  separation between a non-custodial
29    parent and another person or persons or business entity,  the
30    court  may  pierce the ownership veil of the person, persons,
31    or business entity to discover assets  of  the  non-custodial
32    parent  held  in  the  name of that person, those persons, or
33    that  business  entity.    The  following  circumstances  are
34    sufficient to authorize a court to  order  discovery  of  the
                            -6-                LRB9205273DJgc
 1    assets of a person, persons, or business entity and to compel
 2    the  application  of  any discovered assets toward payment on
 3    the judgment for support:
 4             (1)  the  non-custodial  parent  and   the   person,
 5        persons, or business entity maintain records together.
 6             (2)  the   non-custodial   parent  and  the  person,
 7        persons, or business entity  fail  to  maintain  an  arms
 8        length relationship between themselves with regard to any
 9        assets.
10             (3)  the  non-custodial  parent  transfers assets to
11        the person, persons, or business entity with  the  intent
12        to perpetrate a fraud on the custodial parent.
13        With  respect to assets which are real property, no order
14    entered under this paragraph shall affect the rights of  bona
15    fide  purchasers,  mortgagees,  judgment  creditors, or other
16    lien holders who  acquire their  interests  in  the  property
17    prior  to  the  time  a notice of lis pendens pursuant to the
18    Code of Civil Procedure or a copy of the order is  placed  of
19    record  in the office of the recorder of deeds for the county
20    in which the real property is located.
21        The court may also order in cases where the parent is  90
22    days  or  more  delinquent  in payment of support or has been
23    adjudicated  in  arrears  in  an  amount  equal  to  90  days
24    obligation  or  more,  that  the  parent's  Illinois  driving
25    privileges be suspended until the court determines  that  the
26    parent  is in compliance with the order of support. The court
27    may also order that the parent be issued a  family  financial
28    responsibility   driving  permit  that  would  allow  limited
29    driving privileges for employment  and  medical  purposes  in
30    accordance with Section 7-702.1 of the Illinois Vehicle Code.
31    The  clerk  of  the  circuit  court  shall  certify the order
32    suspending the driving privileges of the parent  or  granting
33    the  issuance  of  a  family financial responsibility driving
34    permit to the Secretary of State on forms prescribed  by  the
                            -7-                LRB9205273DJgc
 1    Secretary.  Upon  receipt of the authenticated documents, the
 2    Secretary  of  State  shall  suspend  the  parent's   driving
 3    privileges  until  further  order  of the court and shall, if
 4    ordered by the court, subject to the  provisions  of  Section
 5    7-702.1   of  the  Illinois  Vehicle  Code,  issue  a  family
 6    financial responsibility driving permit to the parent.
 7        In addition to the penalties or punishment  that  may  be
 8    imposed   under   this  Section,  any  person  whose  conduct
 9    constitutes a violation of  Section  15  of  the  Non-Support
10    Punishment Act may be prosecuted under that Act, and a person
11    convicted  under that Act may be sentenced in accordance with
12    that Act.  The sentence may include but need not  be  limited
13    to  a  requirement  that the person perform community service
14    under Section 50  of  that  Act  or  participate  in  a  work
15    alternative  program  under Section 50 of that Act.  A person
16    may not be required to  participate  in  a  work  alternative
17    program  under  Section  50  of  that  Act  if  the person is
18    currently participating in a work program pursuant to Section
19    505.1 of this Act.
20        A  support  obligation,  or  any  portion  of  a  support
21    obligation, which becomes due and remains unpaid for 30  days
22    or more shall accrue interest at the rate of 9% per annum.
23        (c)  A  one-time  charge  of  20%  is  imposable upon the
24    amount of past-due child support owed on July 1,  1988  which
25    has  accrued under a support order entered by the court.  The
26    charge shall be imposed in accordance with the provisions  of
27    Section  10-21  of  the Illinois Public Aid Code and shall be
28    enforced by the court upon petition.
29        (d)  Any new or existing support  order  entered  by  the
30    court  under  this  Section shall be deemed to be a series of
31    judgments  against  the  person  obligated  to  pay   support
32    thereunder,  each  such  judgment to be in the amount of each
33    payment or installment of support and each such  judgment  to
34    be deemed entered as of the date the corresponding payment or
                            -8-                LRB9205273DJgc
 1    installment becomes due under the terms of the support order.
 2    Each  such  judgment  shall  have  the full force, effect and
 3    attributes of any other judgment of this State, including the
 4    ability to be enforced. A lien arises  by  operation  of  law
 5    against  the  real  and personal property of the noncustodial
 6    parent for each installment of overdue support  owed  by  the
 7    noncustodial parent.
 8        (e)  When  child  support is to be paid through the clerk
 9    of the court in a county of 1,000,000  inhabitants  or  less,
10    the  order  shall  direct the obligor to pay to the clerk, in
11    addition to the child support payments, all fees  imposed  by
12    the  county  board  under  paragraph (3) of subsection (u) of
13    Section 27.1 of the Clerks of Courts  Act.   Unless  paid  in
14    cash  or pursuant to an order for withholding, the payment of
15    the fee shall be by a separate instrument  from  the  support
16    payment and shall be made to the order of the Clerk.
17        (f)  All  orders  for  support, when entered or modified,
18    shall include a provision requiring the obligor to notify the
19    court and, in cases in which a party is receiving  child  and
20    spouse  services  under  Article X of the Illinois Public Aid
21    Code, the Illinois Department of Public Aid, within  7  days,
22    (i)  of  the  name  and  address  of  any new employer of the
23    obligor, (ii)  whether  the  obligor  has  access  to  health
24    insurance  coverage  through  the  employer  or  other  group
25    coverage and, if so, the policy name and number and the names
26    of  persons  covered  under  the policy, and (iii) of any new
27    residential or mailing address or  telephone  number  of  the
28    non-custodial  parent.  In any subsequent action to enforce a
29    support order, upon a  sufficient  showing  that  a  diligent
30    effort  has  been  made  to  ascertain  the  location  of the
31    non-custodial parent, service  of  process  or  provision  of
32    notice  necessary  in  the case may be made at the last known
33    address of the non-custodial parent in any  manner  expressly
34    provided  by  the  Code of Civil Procedure or this Act, which
                            -9-                LRB9205273DJgc
 1    service shall be sufficient for purposes of due process.
 2        (g)  An order for support shall include a date  on  which
 3    the  current  support obligation terminates.  The termination
 4    date shall be no earlier than the date  on  which  the  child
 5    covered  by  the  order will attain the age of majority or is
 6    otherwise emancipated. The order for support shall state that
 7    the termination date does not apply to any arrearage that may
 8    remain unpaid on that date.  Nothing in this subsection shall
 9    be construed to prevent the court from modifying the order.
10        (h)  An order entered under this Section shall include  a
11    provision  requiring the obligor to report to the obligee and
12    to the clerk of court within 10 days each  time  the  obligor
13    obtains   new   employment,   and  each  time  the  obligor's
14    employment is terminated for any reason.  The report shall be
15    in writing and shall, in the case of new employment,  include
16    the  name and address of the new employer.  Failure to report
17    new employment or the termination of current  employment,  if
18    coupled  with nonpayment of support for a period in excess of
19    60 days, is indirect  criminal  contempt.   For  any  obligor
20    arrested  for  failure to report new employment bond shall be
21    set in the amount of the child support that should have  been
22    paid  during  the  period of unreported employment.  An order
23    entered under this Section shall  also  include  a  provision
24    requiring  the  obligor  and  obligee  parents to advise each
25    other of a change in residence within 5 days  of  the  change
26    except  when  the  court  finds that the physical, mental, or
27    emotional health of a party or that  of  a  minor  child,  or
28    both,  would  be  seriously  endangered  by disclosure of the
29    party's address.
30    (Source:  P.A.  90-18,  eff.  7-1-97;  90-476,  eff.  1-1-98;
31    90-539, eff.  6-1-98;  90-655,  eff.  7-30-98;  90-733,  eff.
32    8-11-98;  91-113,  eff. 7-15-99; 91-397, eff. 1-1-00; 91-655,
33    eff. 6-1-00; 91-767, eff. 6-9-00; revised 6-28-00.)

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