HB2298eng 92nd General Assembly


92_HB2298eng

 
HB2298 Engrossed                               LRB9205094ARsb

 1        AN ACT concerning 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 Public Aid Code is amended by
 5    changing Sections 10-2, 10-8.1, 10-10, and 10-11 as follows:

 6        (305 ILCS 5/10-2) (from Ch. 23, par. 10-2)
 7        Sec. 10-2.  Extent of Liability. A husband is liable  for
 8    the  support  of  his  wife and a wife for the support of her
 9    husband. The parents are severally liable for the support  of
10    any  child  under  age  18,  and for any child aged 18 who is
11    attending high school, until that child graduates  from  high
12    school,  or  attains  the age of 19, whichever is earlier 21,
13    except that a parent is not liable for a child age 18 or over
14    if such child is not living with the parent or parents, and a
15    parent is not liable for a child of any age if the child  has
16    married and is not living with the parent or parents. A child
17    shall  be  considered to be living with the parent or parents
18    if such child is absent from the parent's  or  parents'  home
19    only  in  order  to  regularly  attend  a  school, college or
20    university or to  receive  technical  training  designed  for
21    preparation for gainful employment. The term "child" includes
22    a child born out of wedlock, or legally adopted child.
23        In  addition to the primary obligation of support imposed
24    upon responsible relatives, such relatives,  if  individually
25    or together in any combination they have sufficient income or
26    other  resources  to  support  a needy person, in whole or in
27    part, shall be liable for any financial  aid  extended  under
28    this Code to a person for whose support they are responsible,
29    including amounts expended for funeral and burial costs.
30    (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
 
HB2298 Engrossed            -2-                LRB9205094ARsb
 1        (305 ILCS 5/10-8.1)
 2        Sec.   10-8.1.    Temporary   order  for  child  support.
 3    Notwithstanding any other law to the  contrary,  pending  the
 4    outcome  of an administrative determination of parentage, the
 5    Illinois Department shall issue a temporary order  for  child
 6    support,  upon  motion  by a party and a showing of clear and
 7    convincing evidence of paternity.  In determining the  amount
 8    of the temporary child support award, the Illinois Department
 9    shall   use   the  guidelines  and  standards  set  forth  in
10    subsection (a) of Section 505 and in  Section  505.2  of  the
11    Illinois Marriage and Dissolution of Marriage Act.
12        Any new or existing support order entered by the Illinois
13    Department  under this Section shall be deemed to be a series
14    of judgments against the  person  obligated  to  pay  support
15    thereunder,  each  such  judgment to be in the amount of each
16    payment or installment of support and  each  judgment  to  be
17    deemed  entered  as  of the date the corresponding payment or
18    installment becomes due under the terms of the support order.
19    Each such judgment shall have the  full  force,  effect,  and
20    attributes of any other judgment of this State, including the
21    ability  to  be  enforced.   Any  such judgment is subject to
22    modification or termination only in accordance  with  Section
23    510 of the Illinois Marriage and Dissolution of Marriage Act.
24    A  lien  arises  by  operation  of  law  against the real and
25    personal  property  of  the  noncustodial  parent  for   each
26    installment  of  overdue  support  owed  by  the noncustodial
27    parent.
28        All orders for support entered or modified in a  case  in
29    which  a party is receiving child and spouse support services
30    under this Article X shall include a provision requiring  the
31    non-custodial  parent  to  notify  the  Illinois  Department,
32    within 7 days, (i) of the name, address, and telephone number
33    of any new employer of the non-custodial parent, (ii) whether
34    the  non-custodial  parent  has  access  to  health insurance
 
HB2298 Engrossed            -3-                LRB9205094ARsb
 1    coverage through the employer or other group  coverage,  and,
 2    if  so,  the  policy name and number and the names of persons
 3    covered under the policy, and (iii) of any new residential or
 4    mailing address or  telephone  number  of  the  non-custodial
 5    parent.
 6        In any subsequent action to enforce a support order, upon
 7    sufficient  showing  that  diligent  effort  has been made to
 8    ascertain the location of the non-custodial  parent,  service
 9    of  process  or  provision of notice necessary in that action
10    may be made at the last known address  of  the  non-custodial
11    parent, in any manner expressly provided by the Code of Civil
12    Procedure  or this Act, which service shall be sufficient for
13    purposes of due process.
14        An order for support shall include a date  on  which  the
15    current  support obligation terminates.  The termination date
16    shall be no earlier than the date on which the child  covered
17    by  the  order  will  attain  the age of 18.  However, if the
18    child  will  not  graduate  from  high  school  until   after
19    attaining  the  age of 18, then the termination date shall be
20    no earlier than the earlier of the date on which the  child's
21    high  school  graduation  will occur or the date on which the
22    child will attain the age of  19  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  Illinois   Department   from
27    modifying the order.
28    (Source: P.A. 90-18, eff. 7-1-97.)

29        (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
30        Sec.  10-10.   Court  enforcement;  applicability also to
31    persons who are not applicants or recipients.   Except  where
32    the  Illinois  Department,  by  agreement, acts for the local
33    governmental unit,  as  provided  in  Section  10-3.1,  local
 
HB2298 Engrossed            -4-                LRB9205094ARsb
 1    governmental  units shall refer to the State's Attorney or to
 2    the proper legal representative of the governmental unit, for
 3    judicial  enforcement  as  herein  provided,   instances   of
 4    non-support  or  insufficient support when the dependents are
 5    applicants or recipients under Article  VI.   The  Child  and
 6    Spouse   Support  Unit  established  by  Section  10-3.1  may
 7    institute in behalf of the Illinois  Department  any  actions
 8    under  this  Section  for judicial enforcement of the support
 9    liability  when  the  dependents  are   (a)   applicants   or
10    recipients  under  Articles III, IV, V or VII; (b) applicants
11    or recipients in a local governmental unit when the  Illinois
12    Department,   by   agreement,  acts  for  the  unit;  or  (c)
13    non-applicants or non-recipients who  are  receiving  support
14    enforcement  services  under  this  Article X, as provided in
15    Section 10-1.  Where the Child and Spouse  Support  Unit  has
16    exercised   its  option  and  discretion  not  to  apply  the
17    provisions of Sections 10-3 through 10-8, the failure by  the
18    Unit  to apply such provisions shall not be a bar to bringing
19    an action under this Section.
20        Action shall be brought in the circuit  court  to  obtain
21    support, or for the recovery of aid granted during the period
22    such  support was not provided, or both for the obtainment of
23    support and the recovery of the aid  provided.   Actions  for
24    the  recovery  of  aid may be taken separately or they may be
25    consolidated with actions to obtain  support.   Such  actions
26    may be brought in the name of the person or persons requiring
27    support,  or  may  be  brought  in  the  name of the Illinois
28    Department or  the  local  governmental  unit,  as  the  case
29    requires, in behalf of such persons.
30        The court may enter such orders for the payment of moneys
31    for  the  support  of the person as may be just and equitable
32    and may direct payment thereof for such period or periods  of
33    time  as  the  circumstances require, including support for a
34    period before the date the order for support is entered.  The
 
HB2298 Engrossed            -5-                LRB9205094ARsb
 1    order may be entered against any  or  all  of  the  defendant
 2    responsible relatives and may be based upon the proportionate
 3    ability of each to contribute to the person's support.
 4        The  Court  shall  determine  the amount of child support
 5    (including child support for a period  before  the  date  the
 6    order  for  child support is entered) by using the guidelines
 7    and standards set forth in subsection (a) of Section 505  and
 8    in  Section 505.2 of the Illinois Marriage and Dissolution of
 9    Marriage Act. For purposes of determining the amount of child
10    support to be paid for a period before the date the order for
11    child support is entered, there is a  rebuttable  presumption
12    that  the  responsible  relative's net income for that period
13    was the same as his or her net income at the time  the  order
14    is entered.
15        If  (i) the responsible relative was properly served with
16    a request for discovery of financial information relating  to
17    the  responsible relative's ability to provide child support,
18    (ii) the responsible  relative  failed  to  comply  with  the
19    request,  despite  having been ordered to do so by the court,
20    and (iii) the responsible relative  is  not  present  at  the
21    hearing  to  determine support despite having received proper
22    notice, then any relevant  financial  information  concerning
23    the  responsible  relative's ability to provide child support
24    that was obtained pursuant  to  subpoena  and  proper  notice
25    shall be admitted into evidence without the need to establish
26    any further foundation for its admission.
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
33    the  name  and address of the new employer. Failure to report
34    new employment or the termination of current  employment,  if
 
HB2298 Engrossed            -6-                LRB9205094ARsb
 1    coupled  with nonpayment of support for a period in excess of
 2    60 days, is indirect  criminal  contempt.   For  any  obligor
 3    arrested  for  failure to report new employment bond shall be
 4    set in the amount of the child support that should have  been
 5    paid  during  the  period of unreported employment.  An order
 6    entered under this Section shall  also  include  a  provision
 7    requiring  the  obligor  and  obligee  parents to advise each
 8    other of a change in residence within 5 days  of  the  change
 9    except  when  the  court  finds that the physical, mental, or
10    emotional health of a party or that  of  a  minor  child,  or
11    both,  would  be  seriously  endangered  by disclosure of the
12    party's address.
13        The Court shall determine the amount of maintenance using
14    the standards set  forth  in  Section  504  of  the  Illinois
15    Marriage and Dissolution of Marriage Act.
16        Any  new  or  existing support order entered by the court
17    under this  Section  shall  be  deemed  to  be  a  series  of
18    judgments   against  the  person  obligated  to  pay  support
19    thereunder, each such judgment to be in the  amount  of  each
20    payment  or  installment of support and each such judgment to
21    be deemed entered as of the date the corresponding payment or
22    installment becomes due under the terms of the support order.
23    Each such judgment shall have  the  full  force,  effect  and
24    attributes of any other judgment of this State, including the
25    ability  to  be  enforced.   Any  such judgment is subject to
26    modification or termination only in accordance  with  Section
27    510 of the Illinois Marriage and Dissolution of Marriage Act.
28    A  lien  arises  by  operation  of  law  against the real and
29    personal  property  of  the  noncustodial  parent  for   each
30    installment  of  overdue  support  owed  by  the noncustodial
31    parent.
32        When an order is entered for the support of a minor,  the
33    court  may  provide  therein for reasonable visitation of the
34    minor by the person or persons who provided support  pursuant
 
HB2298 Engrossed            -7-                LRB9205094ARsb
 1    to  the order.  Whoever willfully refuses to comply with such
 2    visitation order or willfully interferes with its enforcement
 3    may be declared in contempt of court and punished therefor.
 4        Except where the local governmental unit has entered into
 5    an agreement with the Illinois Department for the  Child  and
 6    Spouse  Support  Unit  to  act for it, as provided in Section
 7    10-3.1,  support  orders  entered  by  the  court  in   cases
 8    involving  applicants  or  recipients  under Article VI shall
 9    provide that payments thereunder  be  made  directly  to  the
10    local governmental unit.  Orders for the support of all other
11    applicants   or   recipients   shall  provide  that  payments
12    thereunder be made directly to the  Illinois  Department.  In
13    accordance  with  federal  law  and regulations, the Illinois
14    Department  may  continue  to  collect  current   maintenance
15    payments  or  child  support  payments,  or both, after those
16    persons  cease  to  receive  public  assistance   and   until
17    termination  of  services  under  Article  X.   The  Illinois
18    Department  shall  pay  the  net  amount  collected  to those
19    persons after deducting any  costs  incurred  in  making  the
20    collection  or  any  collection  fee  from  the amount of any
21    recovery made.  In both cases  the  order  shall  permit  the
22    local  governmental  unit  or the Illinois Department, as the
23    case may be, to direct the responsible relative or  relatives
24    to  make support payments directly to the needy person, or to
25    some person or agency in his  behalf,  upon  removal  of  the
26    person  from  the  public  aid  rolls  or upon termination of
27    services under Article X.
28        If the notice of support due issued pursuant  to  Section
29    10-7  directs  that  support payments be made directly to the
30    needy person, or to some person or agency in his behalf,  and
31    the  recipient  is  removed  from the public aid rolls, court
32    action  may  be  taken  against  the   responsible   relative
33    hereunder  if  he fails to furnish support in accordance with
34    the terms of such notice.
 
HB2298 Engrossed            -8-                LRB9205094ARsb
 1        Actions may also be brought under this Section in  behalf
 2    of  any  person  who  is  in need of support from responsible
 3    relatives, as defined in Section 2-11 of Article  II  who  is
 4    not an applicant for or recipient of financial aid under this
 5    Code.   In such instances, the State's Attorney of the county
 6    in which such person resides shall bring action  against  the
 7    responsible relatives hereunder.  If the Illinois Department,
 8    as  authorized  by Section 10-1, extends the support services
 9    provided by this Article to spouses  and  dependent  children
10    who  are  not  applicants  or recipients under this Code, the
11    Child and Spouse Support Unit established by  Section  10-3.1
12    shall   bring   action   against  the  responsible  relatives
13    hereunder and any support orders entered by the court in such
14    cases shall provide that payments thereunder be made directly
15    to the Illinois Department.
16        Whenever it is determined in a proceeding to establish or
17    enforce a child support or maintenance  obligation  that  the
18    person  owing  a duty of support is unemployed, the court may
19    order the person to seek employment and  report  periodically
20    to the court with a diary, listing or other memorandum of his
21    or  her efforts in accordance with such order.  Additionally,
22    the court may order the unemployed person to  report  to  the
23    Department  of Employment Security for job search services or
24    to  make  application  with  the  local  Job  Jobs   Training
25    Partnership  Act  provider  for  participation in job search,
26    training or work programs and where the duty  of  support  is
27    owed to a child receiving support services under this Article
28    X, the court may order the unemployed person to report to the
29    Illinois Department for participation in job search, training
30    or  work  programs  established under Section 9-6 and Article
31    IXA of this Code.
32        Whenever it is determined that  a  person  owes  past-due
33    support for a child receiving assistance under this Code, the
34    court shall order at the request of the Illinois Department:
 
HB2298 Engrossed            -9-                LRB9205094ARsb
 1             (1)  that  the  person  pay  the past-due support in
 2        accordance with a plan approved by the court; or
 3             (2)  if  the  person  owing  past-due   support   is
 4        unemployed,  is  subject  to  such  a  plan,  and  is not
 5        incapacitated, that the person participate  in  such  job
 6        search,  training,  or  work  programs  established under
 7        Section 9-6 and Article IXA of this  Code  as  the  court
 8        deems appropriate.
 9        A   determination   under   this  Section  shall  not  be
10    administratively reviewable by the  procedures  specified  in
11    Sections  10-12,  and  10-13  to 10-13.10.  Any determination
12    under these Sections, if made the basis of court action under
13    this  Section,  shall  not  affect  the  de   novo   judicial
14    determination required under this Section.
15        A  one-time charge of 20% is imposable upon the amount of
16    past-due child support owed on July 1, 1988 which has accrued
17    under a support order entered by the court.  The charge shall
18    be imposed in accordance with the provisions of Section 10-21
19    of this  Code  and  shall  be  enforced  by  the  court  upon
20    petition.
21        All  orders  for support, when entered or modified, shall
22    include a provision requiring  the  non-custodial  parent  to
23    notify  the court and, in cases in which a party is receiving
24    child and spouse support services under this Article  X,  the
25    Illinois Department, within 7 days, (i) of the name, address,
26    and telephone number of any new employer of the non-custodial
27    parent,  (ii)  whether the non-custodial parent has access to
28    health insurance coverage through the employer or other group
29    coverage and, if so, the policy name and number and the names
30    of persons covered under the policy, and  (iii)  of  any  new
31    residential  or  mailing  address  or telephone number of the
32    non-custodial parent.  In any subsequent action to enforce  a
33    support  order,  upon  a  sufficient  showing that a diligent
34    effort has  been  made  to  ascertain  the  location  of  the
 
HB2298 Engrossed            -10-               LRB9205094ARsb
 1    non-custodial  parent,  service  of  process  or provision of
 2    notice necessary in the case may be made at  the  last  known
 3    address  of  the non-custodial parent in any manner expressly
 4    provided by the Code of Civil Procedure or this  Code,  which
 5    service shall be sufficient for purposes of due process.
 6        An  order  for  support shall include a date on which the
 7    current support obligation terminates.  The termination  date
 8    shall  be no earlier than the date on which the child covered
 9    by the order will attain the age  of  18.   However,  if  the
10    child   will  not  graduate  from  high  school  until  after
11    attaining the age of 18, then the termination date  shall  be
12    no  earlier than the earlier of the date on which the child's
13    high school graduation will occur or the date  on  which  the
14    child  will  attain  the  age  of 19 majority or is otherwise
15    emancipated.  The order for  support  shall  state  that  the
16    termination  date  does  not  apply to any arrearage that may
17    remain unpaid on that date.  Nothing in this paragraph  shall
18    be construed to prevent the court from modifying the order.
19        Upon   notification   in   writing   or   by   electronic
20    transmission from the Illinois Department to the clerk of the
21    court  that  a person who is receiving support payments under
22    this Section is receiving services under  the  Child  Support
23    Enforcement  Program  established by Title IV-D of the Social
24    Security Act, any support payments subsequently  received  by
25    the  clerk  of  the  court shall be transmitted in accordance
26    with the instructions of the Illinois  Department  until  the
27    Illinois Department gives notice to the clerk of the court to
28    cease  the  transmittal.    After  providing the notification
29    authorized under  this  paragraph,  the  Illinois  Department
30    shall  be  entitled  as  a  party  to  notice  of any further
31    proceedings in the case.  The clerk of the court shall file a
32    copy of the Illinois Department's notification in  the  court
33    file.  The clerk's failure to file a copy of the notification
34    in  the  court  file  shall not, however, affect the Illinois
 
HB2298 Engrossed            -11-               LRB9205094ARsb
 1    Department's right to receive notice of further proceedings.
 2        Payments under this Section to  the  Illinois  Department
 3    pursuant to the Child Support Enforcement Program established
 4    by  Title  IV-D of the Social Security Act shall be paid into
 5    the Child Support Enforcement Trust Fund.  All payments under
 6    this Section to the Illinois  Department  of  Human  Services
 7    shall   be  deposited  in  the  DHS  Recoveries  Trust  Fund.
 8    Disbursements from  these  funds  shall  be  as  provided  in
 9    Sections  12-9.1 and 12-10.2 of this Code.  Payments received
10    by a local governmental  unit  shall  be  deposited  in  that
11    unit's General Assistance Fund.
12        To   the  extent  the  provisions  of  this  Section  are
13    inconsistent with the requirements pertaining  to  the  State
14    Disbursement  Unit  under  Sections 10-10.4 and 10-26 of this
15    Code, the requirements pertaining to the  State  Disbursement
16    Unit shall apply.
17    (Source:  P.A.  90-18,  eff.  7-1-97;  90-539,  eff.  6-1-98;
18    90-655,  eff.  7-30-98;  90-673,  eff.  1-1-99;  90-790, eff.
19    8-14-98; 91-24, eff. 7-1-99; 91-212,  eff.  7-20-99;  91-357,
20    eff. 7-29-99; 91-767, eff. 6-9-00; revised 1-16-01.)

21        (305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
22        Sec.  10-11.  Administrative  Orders.  In lieu of actions
23    for court enforcement of support  under  Section  10-10,  the
24    Child  and Spouse Support Unit of the Illinois Department, in
25    accordance with the rules of  the  Illinois  Department,  may
26    issue  an  administrative  order  requiring  the  responsible
27    relative  to  comply  with the terms of the determination and
28    notice of support due, determined and issued  under  Sections
29    10-6  and  10-7.  The  Unit  may also enter an administrative
30    order  under   subsection   (b)   of   Section   10-7.    The
31    administrative  order  shall  be  served upon the responsible
32    relative by United States registered or  certified  mail.  In
33    cases  in  which  the  responsible  relative  appeared at the
 
HB2298 Engrossed            -12-               LRB9205094ARsb
 1    office of the Child and Spouse Support Unit  in  response  to
 2    the  notice  of support obligation issued under Section 10-4,
 3    however, or in cases of  default  in  which  the  notice  was
 4    served  on the responsible relative by certified mail, return
 5    receipt requested, or by  any  method  provided  by  law  for
 6    service  of  summons,  the  administrative  determination  of
 7    paternity  or administrative support order may be sent to the
 8    responsible  relative  by  ordinary  mail  addressed  to  the
 9    responsible relative's last known address.
10        If a responsible relative or a person receiving child and
11    spouse support services under this Article fails to  petition
12    the  Illinois  Department for release from or modification of
13    the administrative order, as provided  in  Section  10-12  or
14    Section 10-12.1, the order shall become final and there shall
15    be  no further administrative or judicial remedy.  Likewise a
16    decision by  the  Illinois  Department  as  a  result  of  an
17    administrative  hearing,  as  provided  in  Sections 10-13 to
18    10-13.10,  shall  become  final  and   enforceable   if   not
19    judicially  reviewed  under the Administrative Review Law, as
20    provided in Section 10-14.
21        Any new or existing support order entered by the Illinois
22    Department under this Section shall be deemed to be a  series
23    of  judgments  against  the  person  obligated to pay support
24    thereunder, each such judgment to be in the  amount  of  each
25    payment  or  installment of support and each such judgment to
26    be deemed entered as of the date the corresponding payment or
27    installment becomes due under the terms of the support order.
28    Each such judgment shall have  the  full  force,  effect  and
29    attributes of any other judgment of this State, including the
30    ability  to  be  enforced.   Any  such judgment is subject to
31    modification or termination only in accordance  with  Section
32    510 of the Illinois Marriage and Dissolution of Marriage Act.
33    A  lien  arises  by  operation  of  law  against the real and
34    personal  property  of  the  noncustodial  parent  for   each
 
HB2298 Engrossed            -13-               LRB9205094ARsb
 1    installment  of  overdue  support  owed  by  the noncustodial
 2    parent.
 3        An order entered  under  this  Section  shall  include  a
 4    provision  requiring the obligor to report to the obligee and
 5    to the clerk of court within 10 days each  time  the  obligor
 6    obtains   new   employment,   and  each  time  the  obligor's
 7    employment is terminated for any reason. The report shall  be
 8    in  writing and shall, in the case of new employment, include
 9    the name and address of the new employer. Failure  to  report
10    new  employment  or the termination of current employment, if
11    coupled with nonpayment of support for a period in excess  of
12    60  days,  is  indirect  criminal  contempt.  For any obligor
13    arrested for failure to report new employment bond  shall  be
14    set  in the amount of the child support that should have been
15    paid during the period of unreported  employment.   An  order
16    entered  under  this  Section  shall also include a provision
17    requiring the obligor and  obligee  parents  to  advise  each
18    other  of  a  change in residence within 5 days of the change
19    except when the court finds that  the  physical,  mental,  or
20    emotional  health  of  a  party  or that of a minor child, or
21    both, would be seriously  endangered  by  disclosure  of  the
22    party's address.
23        A  one-time charge of 20% is imposable upon the amount of
24    past-due child support  owed  on  July  1,  1988,  which  has
25    accrued  under  a  support  order  entered  by  the  Illinois
26    Department  under  this Section.  The charge shall be imposed
27    in accordance with the provisions of Section 10-21 and  shall
28    be enforced by the court in a suit filed under Section 10-15.
29        An  order  for  support shall include a date on which the
30    support obligation terminates.  The termination date shall be
31    no earlier than the date on which the child  covered  by  the
32    order  will attain the age of 18.  However, if the child will
33    not graduate from high school until after attaining  the  age
34    of 18, then the termination date shall be no earlier than the
 
HB2298 Engrossed            -14-               LRB9205094ARsb
 1    earlier of the date that the child's graduation will occur or
 2    the date on which the child will attain the age of 19.
 3    (Source:  P.A.  90-18,  eff.  7-1-97;  90-539,  eff.  6-1-98;
 4    90-655,  eff.  7-30-98;  90-790,  eff.  8-14-98; 91-212, eff.
 5    7-20-99.)

 6        Section 10.  The Illinois  Marriage  and  Dissolution  of
 7    Marriage Act is amended by changing Sections 505, 505.2, 510,
 8    and 513 as follows:

 9        (750 ILCS 5/505) (from Ch. 40, par. 505)
10        Sec. 505.  Child support; contempt; penalties.
11        (a)  In  a  proceeding for dissolution of marriage, legal
12    separation,  declaration  of  invalidity   of   marriage,   a
13    proceeding  for  child  support  following dissolution of the
14    marriage by a court which lacked personal  jurisdiction  over
15    the  absent  spouse,  a  proceeding  for  modification  of  a
16    previous  order  for  child support under Section 510 of this
17    Act, or any proceeding authorized under Section 501 or 601 of
18    this Act, the court may order either or both parents owing  a
19    duty  of  support to a child of the marriage to pay an amount
20    reasonable and necessary for his support, without  regard  to
21    marital  misconduct.  The  duty  of  support  owed to a minor
22    child includes the obligation to provide for  the  reasonable
23    and  necessary physical, mental and emotional health needs of
24    the child.  For purposes of this Section,  the  term  "child"
25    shall  include any child under age 18 and any child under age
26    19 who is still attending high school.
27             (1)  The Court shall determine the minimum amount of
28        support by using the following guidelines:
29          Number of Children       Percent of Supporting Party's
30                                             Net Income
31                  1                             20%
32                  2                             25%
 
HB2298 Engrossed            -15-               LRB9205094ARsb
 1                  3                             32%
 2                  4                             40%
 3                  5                             45%
 4              6 or more                         50%
 5             (2)  The above guidelines shall be applied  in  each
 6        case unless the court makes a finding that application of
 7        the  guidelines would be inappropriate, after considering
 8        the best interests of the  child  in  light  of  evidence
 9        including but not limited to one or more of the following
10        relevant factors:
11                  (a)  the  financial  resources and needs of the
12             child;
13                  (b)  the financial resources and needs  of  the
14             custodial parent;
15                  (c)  the  standard  of  living  the child would
16             have enjoyed had the marriage not been dissolved;
17                  (d)  the physical and  emotional  condition  of
18             the child, and his educational needs; and
19                  (e)  the  financial  resources and needs of the
20             non-custodial parent.
21             If the  court  deviates  from  the  guidelines,  the
22        court's  finding  shall  state the amount of support that
23        would  have  been  required  under  the  guidelines,   if
24        determinable.   The  court  shall  include  the reason or
25        reasons for the variance from the guidelines.
26             (3)  "Net income" is defined as  the  total  of  all
27        income from all sources, minus the following deductions:
28                  (a)  Federal  income  tax  (properly calculated
29             withholding or estimated payments);
30                  (b)  State  income  tax  (properly   calculated
31             withholding or estimated payments);
32                  (c)  Social Security (FICA payments);
33                  (d)  Mandatory     retirement     contributions
34             required by law or as a condition of employment;
 
HB2298 Engrossed            -16-               LRB9205094ARsb
 1                  (e)  Union dues;
 2                  (f)  Dependent          and          individual
 3             health/hospitalization insurance premiums;
 4                  (g)  Prior    obligations    of    support   or
 5             maintenance actually paid pursuant to a court order;
 6                  (h)  Expenditures for repayment of  debts  that
 7             represent  reasonable and necessary expenses for the
 8             production of income, medical expenditures necessary
 9             to preserve life or health, reasonable  expenditures
10             for  the  benefit of the child and the other parent,
11             exclusive of gifts.   The  court  shall  reduce  net
12             income  in determining the minimum amount of support
13             to be ordered only for the period that such payments
14             are  due  and  shall  enter  an   order   containing
15             provisions  for its self-executing modification upon
16             termination of such payment period.
17             (4)  In cases where the  court  order  provides  for
18        health/hospitalization  insurance  coverage  pursuant  to
19        Section   505.2  of  this  Act,  the  premiums  for  that
20        insurance, or that portion of the premiums for which  the
21        supporting  party is responsible in the case of insurance
22        provided through  an  employer's  health  insurance  plan
23        where  the employer pays a portion of the premiums, shall
24        be subtracted from net income in determining the  minimum
25        amount of support to be ordered.
26             (4.5)  In  a  proceeding for child support following
27        dissolution of  the  marriage  by  a  court  that  lacked
28        personal  jurisdiction  over  the  absent  spouse, and in
29        which the court is requiring payment of support  for  the
30        period  before  the  date an order for current support is
31        entered, there  is  a  rebuttable  presumption  that  the
32        supporting  party's  net  income for the prior period was
33        the same as his or her net income at the time  the  order
34        for current support is entered.
 
HB2298 Engrossed            -17-               LRB9205094ARsb
 1             (5)  If  the net income cannot be determined because
 2        of default or any other reason,  the  court  shall  order
 3        support   in  an  amount  considered  reasonable  in  the
 4        particular case.  The final  order  in  all  cases  shall
 5        state  the  support  level in dollar amounts. However, if
 6        the court finds that the child support amount  cannot  be
 7        expressed exclusively as a dollar amount because all or a
 8        portion  of  the  payor's  net  income is uncertain as to
 9        source, time of payment, or amount, the court may order a
10        percentage amount of support in addition  to  a  specific
11        dollar  amount  and  enter  such  other  orders as may be
12        necessary to determine and enforce, on  a  timely  basis,
13        the applicable support ordered.
14             (6)  If  (i)  the  non-custodial parent was properly
15        served  with  a  request  for  discovery   of   financial
16        information   relating   to  the  non-custodial  parent's
17        ability to provide child support, (ii) the  non-custodial
18        parent  failed to comply with the request, despite having
19        been ordered to  do  so  by  the  court,  and  (iii)  the
20        non-custodial  parent  is  not  present at the hearing to
21        determine support despite having received proper  notice,
22        then  any  relevant  financial information concerning the
23        non-custodial parent's ability to provide  child  support
24        that  was obtained pursuant to subpoena and proper notice
25        shall be admitted  into  evidence  without  the  need  to
26        establish any further foundation for its admission.
27        (a-5)  In an action to enforce an order for support based
28    on  the  respondent's  failure  to  make  support payments as
29    required by the order, notice  of  proceedings  to  hold  the
30    respondent  in contempt for that failure may be served on the
31    respondent by personal service or by regular  mail  addressed
32    to  the  respondent's  last  known address.  The respondent's
33    last known address may be  determined  from  records  of  the
34    clerk  of  the court, from the Federal Case Registry of Child
 
HB2298 Engrossed            -18-               LRB9205094ARsb
 1    Support Orders, or by any other reasonable means.
 2        (b)  Failure of either parent to comply with an order  to
 3    pay  support  shall  be  punishable  as  in  other  cases  of
 4    contempt.  In addition to other penalties provided by law the
 5    Court may, after finding the parent guilty of contempt, order
 6    that the parent be:
 7             (1)  placed  on  probation  with  such conditions of
 8        probation as the Court deems advisable;
 9             (2)  sentenced to periodic imprisonment for a period
10        not to exceed 6 months; provided, however, that the Court
11        may permit the parent to be released for periods of  time
12        during the day or night to:
13                  (A)  work; or
14                  (B)  conduct  a business or other self-employed
15             occupation.
16        The Court may further  order  any  part  or  all  of  the
17    earnings   of   a   parent  during  a  sentence  of  periodic
18    imprisonment paid to the Clerk of the Circuit Court or to the
19    parent having custody or to the guardian  having  custody  of
20    the minor children of the sentenced parent for the support of
21    said minor children until further order of the Court.
22        If  there is a unity of interest and ownership sufficient
23    to render no financial  separation  between  a  non-custodial
24    parent  and another person or persons or business entity, the
25    court may pierce the ownership veil of the  person,  persons,
26    or  business  entity  to discover assets of the non-custodial
27    parent held in the name of that  person,  those  persons,  or
28    that  business  entity.    The  following  circumstances  are
29    sufficient  to  authorize  a  court to order discovery of the
30    assets of a person, persons, or business entity and to compel
31    the application of any discovered assets  toward  payment  on
32    the judgment for support:
33             (1)  the   non-custodial   parent  and  the  person,
34        persons, or business entity maintain records together.
 
HB2298 Engrossed            -19-               LRB9205094ARsb
 1             (2)  the  non-custodial  parent  and   the   person,
 2        persons,  or  business  entity  fail  to maintain an arms
 3        length relationship between themselves with regard to any
 4        assets.
 5             (3)  the non-custodial parent  transfers  assets  to
 6        the  person,  persons, or business entity with the intent
 7        to perpetrate a fraud on the custodial parent.
 8        With respect to assets which are real property, no  order
 9    entered  under this paragraph shall affect the rights of bona
10    fide purchasers, mortgagees,  judgment  creditors,  or  other
11    lien  holders  who   acquire  their interests in the property
12    prior to the time a notice of lis  pendens  pursuant  to  the
13    Code  of  Civil Procedure or a copy of the order is placed of
14    record in the office of the recorder of deeds for the  county
15    in which the real property is located.
16        The  court may also order in cases where the parent is 90
17    days or more delinquent in payment of  support  or  has  been
18    adjudicated  in  arrears  in  an  amount  equal  to  90  days
19    obligation  or  more,  that  the  parent's  Illinois  driving
20    privileges  be  suspended until the court determines that the
21    parent is in compliance with the order of support. The  court
22    may  also  order that the parent be issued a family financial
23    responsibility  driving  permit  that  would  allow   limited
24    driving  privileges  for  employment  and medical purposes in
25    accordance with Section 7-702.1 of the Illinois Vehicle Code.
26    The clerk of  the  circuit  court  shall  certify  the  order
27    suspending  the  driving privileges of the parent or granting
28    the issuance of a  family  financial  responsibility  driving
29    permit  to  the Secretary of State on forms prescribed by the
30    Secretary. Upon receipt of the authenticated  documents,  the
31    Secretary   of  State  shall  suspend  the  parent's  driving
32    privileges until further order of the  court  and  shall,  if
33    ordered  by  the  court, subject to the provisions of Section
34    7-702.1  of  the  Illinois  Vehicle  Code,  issue  a   family
 
HB2298 Engrossed            -20-               LRB9205094ARsb
 1    financial responsibility driving permit to the parent.
 2        In  addition  to  the penalties or punishment that may be
 3    imposed  under  this  Section,  any  person   whose   conduct
 4    constitutes  a  violation  of  Section  15 of the Non-Support
 5    Punishment Act may be prosecuted under that Act, and a person
 6    convicted under that Act may be sentenced in accordance  with
 7    that  Act.   The sentence may include but need not be limited
 8    to a requirement that the person  perform  community  service
 9    under  Section  50  of  that  Act  or  participate  in a work
10    alternative program under Section 50 of that Act.   A  person
11    may  not  be  required  to  participate in a work alternative
12    program under Section  50  of  that  Act  if  the  person  is
13    currently participating in a work program pursuant to Section
14    505.1 of this Act.
15        A  support  obligation,  or  any  portion  of  a  support
16    obligation,  which becomes due and remains unpaid for 30 days
17    or more shall accrue interest at the rate of 9% per annum.
18        (c)  A one-time charge  of  20%  is  imposable  upon  the
19    amount  of  past-due child support owed on July 1, 1988 which
20    has accrued under a support order entered by the court.   The
21    charge  shall be imposed in accordance with the provisions of
22    Section 10-21 of the Illinois Public Aid Code  and  shall  be
23    enforced by the court upon petition.
24        (d)  Any  new  or  existing  support order entered by the
25    court 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.  A lien arises by operation of law
34    against the real and personal property  of  the  noncustodial
 
HB2298 Engrossed            -21-               LRB9205094ARsb
 1    parent  for  each  installment of overdue support owed by the
 2    noncustodial parent.
 3        (e)  When child support is to be paid through  the  clerk
 4    of  the  court  in a county of 1,000,000 inhabitants or less,
 5    the order shall direct the obligor to pay to  the  clerk,  in
 6    addition  to  the child support payments, all fees imposed by
 7    the county board under paragraph (3)  of  subsection  (u)  of
 8    Section  27.1  of  the  Clerks of Courts Act.  Unless paid in
 9    cash or pursuant to an order for withholding, the payment  of
10    the  fee  shall  be by a separate instrument from the support
11    payment and shall be made to the order of the Clerk.
12        (f)  All orders for support, when  entered  or  modified,
13    shall include a provision requiring the obligor to notify the
14    court  and,  in cases in which a party is receiving child and
15    spouse services under Article X of the  Illinois  Public  Aid
16    Code,  the  Illinois Department of Public Aid, within 7 days,
17    (i) of the name and  address  of  any  new  employer  of  the
18    obligor,  (ii)  whether  the  obligor  has  access  to health
19    insurance  coverage  through  the  employer  or  other  group
20    coverage and, if so, the policy name and number and the names
21    of persons covered under the policy, and  (iii)  of  any  new
22    residential  or  mailing  address  or telephone number of the
23    non-custodial parent.  In any subsequent action to enforce  a
24    support  order,  upon  a  sufficient  showing that a diligent
25    effort has  been  made  to  ascertain  the  location  of  the
26    non-custodial  parent,  service  of  process  or provision of
27    notice necessary in the case may be made at  the  last  known
28    address  of  the non-custodial parent in any manner expressly
29    provided by the Code of Civil Procedure or  this  Act,  which
30    service shall be sufficient for purposes of due process.
31        (g)  An  order  for support shall include a date on which
32    the current support obligation terminates.   The  termination
33    date  shall  be  the  date  on which the child covered by the
34    order will attain the age of 18.  However, if the child  will
 
HB2298 Engrossed            -22-               LRB9205094ARsb
 1    not  graduate  from high school until after attaining the age
 2    of 18, then the termination date shall be no earlier than the
 3    earlier  of  the  date  on  which  the  child's  high  school
 4    graduation will occur or the date on  which  the  child  will
 5    attain  the  age  of 19 majority or is otherwise emancipated.
 6    The order for support shall state that the  termination  date
 7    does  not  apply  to  any arrearage that may remain unpaid on
 8    that date.  Nothing in this subsection shall be construed  to
 9    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.)
 
HB2298 Engrossed            -23-               LRB9205094ARsb
 1        (750 ILCS 5/505.2) (from Ch. 40, par. 505.2)
 2        Sec. 505.2. Health insurance.
 3        (a)  Definitions.  As used in this Section:
 4             (1)  "Obligee" means the individual to whom the duty
 5        of   support   is   owed   or   the   individual's  legal
 6        representative.
 7             (2)  "Obligor" means the individual who owes a  duty
 8        of support pursuant to an order for support.
 9             (3)  "Public  office"  means any elected official or
10        any  State  or  local  agency  which  is  or  may  become
11        responsible by law for enforcement of, or which is or may
12        become authorized  to  enforce,  an  order  for  support,
13        including, but not limited to:  the Attorney General, the
14        Illinois   Department   of   Public   Aid,  the  Illinois
15        Department of Human Services, the Illinois Department  of
16        Children  and  Family  Services,  and the various State's
17        Attorneys, Clerks of the Circuit Court and supervisors of
18        general assistance.
19             (4)  "Child" shall have the meaning ascribed  to  it
20        in Section 505.
21        (b)  Order.
22             (1)  Whenever  the  court  establishes,  modifies or
23        enforces an order for child support or for child  support
24        and  maintenance  the  court shall include in the order a
25        provision for the health care coverage of the child which
26        shall, upon request of  the  obligee  or  Public  Office,
27        require that any child covered by the order be named as a
28        beneficiary   of   any  health  insurance  plan  that  is
29        available to the obligor through  an  employer  or  labor
30        union  or  trade  union.   If the court finds that such a
31        plan is not available to the obligor, or that the plan is
32        not accessible  to  the  obligee,  the  court  may,  upon
33        request  of  the  obligee  or  Public  Office,  order the
34        obligor to name the child  covered  by  the  order  as  a
 
HB2298 Engrossed            -24-               LRB9205094ARsb
 1        beneficiary   of   any  health  insurance  plan  that  is
 2        available to the obligor  on  a  group  basis,  or  as  a
 3        beneficiary of an independent health insurance plan to be
 4        obtained  by the obligor, after considering the following
 5        factors:
 6                  (A)  the medical needs of the child;
 7                  (B)  the availability of a plan to  meet  those
 8             needs; and
 9                  (C)  the cost of such a plan to the obligor.
10             (2)  If  the  employer or labor union or trade union
11        offers more than one plan, the order  shall  require  the
12        obligor to name the child as a beneficiary of the plan in
13        which the obligor is enrolled.
14             (3)  Nothing  in  this Section shall be construed to
15        limit the authority of the court to establish or modify a
16        support  order  to  provide  for  payment  of   expenses,
17        including  deductibles,  copayments  and any other health
18        expenses, which are in addition to expenses covered by an
19        insurance plan of which a child is ordered to be named  a
20        beneficiary pursuant to this Section.
21        (c)  Implementation and enforcement.
22             (1)  When  the  court  order  requires  that a minor
23        child be named as a beneficiary  of  a  health  insurance
24        plan,  other  than  a  health  insurance  plan  available
25        through  an  employer  or labor union or trade union, the
26        obligor shall provide written proof  to  the  obligee  or
27        Public  Office  that  the  required  insurance  has  been
28        obtained,  or  that application for insurability has been
29        made, within 30 days of receiving  notice  of  the  court
30        order.   Unless the obligor was present in court when the
31        order was issued, notice of  the  order  shall  be  given
32        pursuant  to Illinois Supreme Court Rules.  If an obligor
33        fails to provide the required proof, he may  be  held  in
34        contempt of court.
 
HB2298 Engrossed            -25-               LRB9205094ARsb
 1             (2)  When  the  court requires that a minor child be
 2        named  as  a  beneficiary  of  a  health  insurance  plan
 3        available through an employer or  labor  union  or  trade
 4        union,   the   court's  order  shall  be  implemented  in
 5        accordance with the Income Withholding  for  Support  Act
 6        Section 706.1, as now or hereafter amended.
 7        (d)  Failure to maintain insurance.  The dollar amount of
 8    the  premiums  for  court-ordered  health  insurance, or that
 9    portion of the premiums for which the obligor is  responsible
10    in  the  case  of  insurance  provided  under  a group health
11    insurance plan through an employer or labor  union  or  trade
12    union where the employer or labor union or trade union pays a
13    portion  of  the  premiums, shall be considered an additional
14    child support obligation owed by the obligor.   Whenever  the
15    obligor   fails  to  provide  or  maintain  health  insurance
16    pursuant to an order for support, the obligor shall be liable
17    to the obligee for the dollar amount of  the  premiums  which
18    were  not  paid,  and  shall  also  be liable for all medical
19    expenses incurred by the minor child which  would  have  been
20    paid  or reimbursed by the health insurance which the obligor
21    was ordered to provide or maintain. In addition, the  obligee
22    may  petition  the  court to modify the order based solely on
23    the obligor's failure to pay the premiums  for  court-ordered
24    health insurance.
25        (e)  Authorization  for  payment.  The  signature  of the
26    obligee is a valid authorization to the insurer to process  a
27    claim for payment under the insurance plan to the provider of
28    the health care services or to the obligee.
29        (f)  Disclosure  of  information.  The obligor's employer
30    or labor union or trade union shall disclose to  the  obligee
31    or  Public  Office,  upon request, information concerning any
32    dependent coverage plans which would be made available  to  a
33    new  employee  or  labor  union member or trade union member.
34    The employer or labor union or  trade  union  shall  disclose
 
HB2298 Engrossed            -26-               LRB9205094ARsb
 1    such  information  whether  or  not a court order for medical
 2    support has been entered.
 3        (g)  Employer obligations.  If a parent is required by an
 4    order for support to provide coverage for  a  child's  health
 5    care expenses and if that coverage is available to the parent
 6    through  an  employer  who  does  business in this State, the
 7    employer must do all of the following upon receipt of a  copy
 8    of the order of support or order for withholding:
 9             (1)  The  employer shall, upon the parent's request,
10        permit the parent to include in that coverage a child who
11        is otherwise eligible for that coverage,  without  regard
12        to   any   enrollment   season  restrictions  that  might
13        otherwise be applicable as  to  the  time  period  within
14        which the child may be added to that coverage.
15             (2)  If  the parent has health care coverage through
16        the employer but fails  to  apply  for  coverage  of  the
17        child,  the  employer  shall  include  the  child  in the
18        parent's coverage upon application by the  child's  other
19        parent or the Illinois Department of Public Aid.
20             (3)  The  employer  may not eliminate any child from
21        the parent's health care coverage unless the employee  is
22        no  longer employed by the employer and no longer covered
23        under the employer's group  health  plan  or  unless  the
24        employer  is  provided with satisfactory written evidence
25        of either of the following:
26                  (A)  The order for  support  is  no  longer  in
27             effect.
28                  (B)  The  child  is  or  will  be included in a
29             comparable health care plan obtained by  the  parent
30             under such order that is currently in effect or will
31             take  effect  no  later  than  the  date  the  prior
32             coverage is terminated.
33             The  employer  may eliminate a child from a parent's
34        health care plan obtained by the parent under such  order
 
HB2298 Engrossed            -27-               LRB9205094ARsb
 1        if  the  employer  has  eliminated  dependent health care
 2        coverage for all of its employees.
 3    (Source: P.A.  89-183,  eff.  1-1-96;  89-507,  eff.  7-1-97;
 4    89-626, eff. 8-9-96; 90-18, eff. 7-1-97; revised 3-9-00.)

 5        (750 ILCS 5/510) (from Ch. 40, par. 510)
 6        Sec. 510.  Modification and termination of provisions for
 7    maintenance,  support,  educational  expenses,  and  property
 8    disposition.
 9        (a)  Except as otherwise provided  in  paragraph  (f)  of
10    Section  502  and  in  subsection  (d), clause (3) of Section
11    505.2, the provisions of any judgment respecting  maintenance
12    or  support  may be modified only as to installments accruing
13    subsequent to due notice by the moving party of the filing of
14    the motion for modification and, with respect to maintenance,
15    only upon a showing of a substantial change in circumstances.
16    An order for child support may be modified as follows:
17             (1)  upon a  showing  of  a  substantial  change  in
18        circumstances; and
19             (2)  without  the necessity of showing a substantial
20        change in circumstances, as follows:
21                  (A)  upon a showing of an inconsistency  of  at
22             least  20%,  but no less than $10 per month, between
23             the amount of the existing order and the  amount  of
24             child  support  that results from application of the
25             guidelines specified in  Section  505  of  this  Act
26             unless the inconsistency is due to the fact that the
27             amount   of  the  existing  order  resulted  from  a
28             deviation from the guideline amount  and  there  has
29             not been a change in the circumstances that resulted
30             in that deviation; or
31                  (B)  Upon  a  showing  of a need to provide for
32             the health care needs of the child under  the  order
33             through  health  insurance  or  other  means.  In no
 
HB2298 Engrossed            -28-               LRB9205094ARsb
 1             event  shall  the  eligibility  for  or  receipt  of
 2             medical assistance be considered to meet the need to
 3             provide for the child's health care needs.
 4        The provisions of subparagraph (a)(2)(A) shall apply only
 5    in cases in which a  party  is  receiving  child  and  spouse
 6    support  services  from the Illinois Department of Public Aid
 7    under Article X of the Illinois Public  Aid  Code,  and  only
 8    when  at  least  36  months  have elapsed since the order for
 9    child support was entered or last modified.
10        (b)  The provisions as to property disposition may not be
11    revoked or modified, unless the court finds the existence  of
12    conditions that justify the reopening of a judgment under the
13    laws of this State.
14        (c)  Unless  otherwise agreed by the parties in a written
15    agreement set forth in the judgment or otherwise approved  by
16    the  court,  the  obligation  to  pay  future  maintenance is
17    terminated upon the death of either party, or the  remarriage
18    of the party receiving maintenance, or if the party receiving
19    maintenance  cohabits  with  another  person  on  a resident,
20    continuing conjugal basis.
21        (d)  Unless otherwise provided in this Act, or as  agreed
22    in  writing or expressly provided in the judgment, provisions
23    for the support of a child are terminated by emancipation  of
24    the  child, or if the child has attained the age of 18 and is
25    still attending high school, provisions for  the  support  of
26    the  child  are  terminated  upon  the  date  that  the child
27    graduates from high school or the date the child attains  the
28    age  of  19,  whichever is earlier, but not by the death of a
29    parent obligated to support  or  educate  the  child.  Unless
30    otherwise  agreed  in  writing  or  expressly  provided  in a
31    judgment,  provisions  for  the  support  of  a   child   are
32    terminated  by emancipation of the child, except as otherwise
33    provided herein, but not by the death of a  parent  obligated
34    to  support  or  educate the child. An existing obligation to
 
HB2298 Engrossed            -29-               LRB9205094ARsb
 1    pay for support or educational  expenses,  or  both,  is  not
 2    terminated by the death of a parent.  When a parent obligated
 3    to  pay  support  or educational expenses, or both, dies, the
 4    amount of support or educational expenses, or  both,  may  be
 5    enforced,  modified,  revoked  or  commuted  to  a  lump  sum
 6    payment, as equity may require, and that determination may be
 7    provided  for  at the time of the dissolution of the marriage
 8    or thereafter.
 9        (e)  The right to petition  for  support  or  educational
10    expenses,  or  both,  under  Sections  505  and  513  is  not
11    extinguished by the death of a parent.  Upon a petition filed
12    before or after a parent's death, the court may award sums of
13    money out of the decedent's estate for the child's support or
14    educational  expenses,  or  both, as equity may require.  The
15    time within which a claim may be filed against the estate  of
16    a  decedent under Sections 505 and 513 and subsection (d) and
17    this subsection shall be governed by the  provisions  of  the
18    Probate Act of 1975, as a barrable, noncontingent claim.
19    (Source: P.A. 87-714; 88-42; 88-307; 88-670, eff. 12-2-94.)

20        (750 ILCS 5/513) (from Ch. 40, par. 513)
21        Sec. 513.  Support for Non-minor Children and Educational
22    Expenses.
23        (a)  The  court  may  award  sums  of  money  out  of the
24    property and income of either or both parties or  the  estate
25    of  a deceased parent, as equity may require, for the support
26    of the child or children of the  parties  who  have  attained
27    majority in the following instances:
28             (1)  When   the  child  is  mentally  or  physically
29        disabled and not otherwise  emancipated,  an  application
30        for  support  may  be  made before or after the child has
31        attained majority.
32             (2)  The court  may  also  make  provision  for  the
33        educational  expenses  of  the  child  or children of the
 
HB2298 Engrossed            -30-               LRB9205094ARsb
 1        parties,  whether  of  minor  or  majority  age,  and  an
 2        application for educational expenses may be  made  before
 3        or  after  the  child has attained majority, or after the
 4        death of either parent. The authority under this  Section
 5        to  make  provision  for educational expenses extends not
 6        only to periods of college education or  professional  or
 7        other  training  after  graduation  from high school, but
 8        also to any period during which the child of the  parties
 9        is  still  attending  high  school, even though he or she
10        attained the age of 19 18. The educational  expenses  may
11        include,  but shall not be limited to, room, board, dues,
12        tuition, transportation, books,  fees,  registration  and
13        application  costs,  medical  expenses  including medical
14        insurance, dental expenses, and  living  expenses  during
15        the  school year and periods of recess, which sums may be
16        ordered payable to the child, to either parent, or to the
17        educational institution, directly or  through  a  special
18        account  or  trust created for that purpose, as the court
19        sees fit.
20             If educational expenses are  ordered  payable,  each
21        parent  and  the  child shall sign any consents necessary
22        for the educational institution to provide the supporting
23        parent with access to the child's  academic  transcripts,
24        records, and grade reports.  The consents shall not apply
25        to  any  non-academic  records.    Failure to execute the
26        required consent may be a basis  for  a  modification  or
27        termination of any order entered under this Section.
28             The  authority  under this Section to make provision
29        for educational  expenses,  except  where  the  child  is
30        mentally   or   physically  disabled  and  not  otherwise
31        emancipated,  terminates  when  the  child   receives   a
32        baccalaureate degree.
33        (b)  In  making  awards  under  paragraph  (1)  or (2) of
34    subsection (a), or  pursuant  to  a  petition  or  motion  to
 
HB2298 Engrossed            -31-               LRB9205094ARsb
 1    decrease,  modify,  or  terminate  any  such award, the court
 2    shall consider all relevant factors  that  appear  reasonable
 3    and necessary, including:
 4             (1)  The financial resources of both parents.
 5             (2)  The  standard  of  living  the child would have
 6        enjoyed had the marriage not been dissolved.
 7             (3)  The financial resources of the child.
 8             (4)  The child's academic performance.
 9    (Source: P.A. 91-204, eff. 1-1-00.)

10        Section 15.  The Non-Support Punishment Act is amended by
11    changing Sections 15 and 20 as follows:

12        (750 ILCS 16/15)
13        Sec. 15.  Failure to support.
14        (a)  A person commits the offense of failure  to  support
15    when he or she:
16             (1)  willfully,  without  any lawful excuse, refuses
17        to provide for the support or maintenance of his  or  her
18        spouse,  with the knowledge that the spouse is in need of
19        such support or maintenance, or, without  lawful  excuse,
20        deserts  or  willfully refuses to provide for the support
21        or maintenance of his or her child or children under  the
22        age  of  18  years, in need of support or maintenance and
23        the person has the ability to provide the support; or
24             (2)  willfully fails to  pay  a  support  obligation
25        required  under  a  court  or  administrative  order  for
26        support,  if  the  obligation  has  remained unpaid for a
27        period longer than 6 months,  or  is  in  arrears  in  an
28        amount  greater  than  $5,000,  and  the  person  has the
29        ability to provide the support; or
30             (3) leaves the State with  the  intent  to  evade  a
31        support    obligation   required   under   a   court   or
32        administrative order  for  support,  if  the  obligation,
 
HB2298 Engrossed            -32-               LRB9205094ARsb
 1        regardless  of when it accrued, has remained unpaid for a
 2        period longer than 6 months,  or  is  in  arrears  in  an
 3        amount greater than $10,000; or
 4             (4)  willfully  fails  to  pay  a support obligation
 5        required  under  a  court  or  administrative  order  for
 6        support, if the obligation  has  remained  unpaid  for  a
 7        period  longer  than  one  year,  or  is in arrears in an
 8        amount greater than  $20,000,  and  the  person  has  the
 9        ability to provide the support.
10        (a-5)  Presumption   of  ability  to  pay  support.   The
11    existence of a court or administrative order of support  that
12    was not based on a default judgment and was in effect for the
13    time  period charged in the indictment or information creates
14    a rebuttable presumption that the obligor has the ability  to
15    pay the support obligation for that time period.
16        (b)  Sentence.   A  person  convicted  of a first offense
17    under subdivision (a)(1) or (a)(2) is guilty  of  a  Class  A
18    misdemeanor.    A   person  convicted  of  an  offense  under
19    subdivision (a)(3)  or  (a)(4)  or  a  second  or  subsequent
20    offense  under  subdivision  (a)(1)  or (a)(2) is guilty of a
21    Class 4 felony.
22        (c)  Expungement.  A person convicted of a first  offense
23    under  subdivision  (a)(1)  or (a)(2) who is eligible for the
24    Earnfare program, shall, in lieu of the  sentence  prescribed
25    in subsection (b), be referred to the Earnfare program.  Upon
26    certification  of  completion  of  the  Earnfare program, the
27    conviction  shall  be  expunged.   If  the  person  fails  to
28    successfully complete the Earnfare program, he or  she  shall
29    be sentenced in accordance with subsection (b).
30        (d)  Fine.   Sentences  of  imprisonment  and  fines  for
31    offenses  committed under this Act shall be as provided under
32    Articles 8 and  9  of  Chapter  V  of  the  Unified  Code  of
33    Corrections, except that the court shall order restitution of
34    all  unpaid  support  payments  and  may impose the following
 
HB2298 Engrossed            -33-               LRB9205094ARsb
 1    fines, alone, or in addition to a  sentence  of  imprisonment
 2    under the following circumstances:
 3             (1)  from $1,000 to $5,000 if the support obligation
 4        has remained unpaid for a period longer than 2 years,  or
 5        is  in  arrears  in an amount greater than $1,000 and not
 6        exceeding $10,000;
 7             (2) from $5,000 to $10,000 if the support obligation
 8        has remained unpaid for a period longer than 5 years,  or
 9        is  in  arrears in an amount greater than $10,000 and not
10        exceeding $20,000; or
11             (3)  from  $10,000  to  $25,000   if   the   support
12        obligation has remained unpaid for a period longer than 8
13        years,  or  is  in  arrears  in  an  amount  greater than
14        $20,000.
15        (e)  Restitution shall be ordered in an amount  equal  to
16    the total unpaid support obligation as it existed at the time
17    of  sentencing.   Any  amounts  paid  by the obligor shall be
18    allocated first to current support and  then  to  restitution
19    ordered and then to fines imposed under this Section.
20        (f)  For  purposes  of  this  Act, the term "child" shall
21    have the meaning  ascribed  to  it  in  Section  505  of  the
22    Illinois Marriage and Dissolution of Marriage Act.
23    (Source: P.A. 91-613, eff. 10-1-99.)

24        (750 ILCS 16/20)
25        Sec. 20.  Entry of order for support; income withholding.
26        (a)  In  a case in which no court or administrative order
27    for support is in effect against the defendant:
28             (1) at any time before the trial, upon motion of the
29        State's Attorney, or  of  the  Attorney  General  if  the
30        action has been instituted by his office, and upon notice
31        to  the  defendant, or at the time of arraignment or as a
32        condition of postponement of arraignment, the  court  may
33        enter  such temporary order for support as may seem just,
 
HB2298 Engrossed            -34-               LRB9205094ARsb
 1        providing for the support or maintenance of the spouse or
 2        child or children of the  defendant,  or  both,  pendente
 3        lite; or
 4             (2)  before trial with the consent of the defendant,
 5        or at the trial on entry of a plea of  guilty,  or  after
 6        conviction,  instead  of imposing the penalty provided in
 7        this Act, or in addition thereto, the court may enter  an
 8        order  for  support, subject to modification by the court
 9        from time to time as circumstances may require, directing
10        the defendant to pay a certain sum for maintenance of the
11        spouse, or for support of the child or children, or both.
12        (b) The court shall determine the amount of child support
13    by using the guidelines and standards set forth in subsection
14    (a) of Section 505 and  in  Section  505.2  of  the  Illinois
15    Marriage and Dissolution of Marriage Act.
16        If  (i) the non-custodial parent was properly served with
17    a request for discovery of financial information relating  to
18    the  non-custodial parent's ability to provide child support,
19    (ii) the non-custodial  parent  failed  to  comply  with  the
20    request,  despite  having been ordered to do so by the court,
21    and (iii) the non-custodial parent  is  not  present  at  the
22    hearing  to  determine support despite having received proper
23    notice, then any relevant  financial  information  concerning
24    the  non-custodial  parent's  ability to provide support that
25    was obtained pursuant to subpoena and proper notice shall  be
26    admitted  into  evidence  without  the  need to establish any
27    further foundation for its admission.
28        (c) The court shall determine the amount  of  maintenance
29    using the standards set forth in  Section 504 of the Illinois
30    Marriage and Dissolution of Marriage Act.
31        (d)  The court may, for violation of any order under this
32    Section, punish the offender as for a contempt of court,  but
33    no  pendente  lite order shall remain in effect longer than 4
34    months, or  after  the  discharge  of  any  panel  of  jurors
 
HB2298 Engrossed            -35-               LRB9205094ARsb
 1    summoned  for  service thereafter in such court, whichever is
 2    sooner.
 3        (e) Any order for support entered by the court under this
 4    Section shall be deemed to be a series of  judgments  against
 5    the person obligated to pay support under the judgments, each
 6    such  judgment  to  be  in  the  amount  of  each  payment or
 7    installment of support and each judgment to be deemed entered
 8    as of the  date  the  corresponding  payment  or  installment
 9    becomes  due  under  the  terms  of  the support order.  Each
10    judgment shall have the full force, effect, and attributes of
11    any other judgment of this State, including the ability to be
12    enforced.   Each  judgment  is  subject  to  modification  or
13    termination only  in  accordance  with  Section  510  of  the
14    Illinois  Marriage  and  Dissolution of Marriage Act.  A lien
15    arises by operation of law  against  the  real  and  personal
16    property  of  the noncustodial parent for each installment of
17    overdue support owed by the noncustodial parent.
18        (f) An order for support entered under this Section shall
19    include a provision requiring the obligor to  report  to  the
20    obligee  and  to  the  clerk of the court within 10 days each
21    time the obligor obtains new employment, and  each  time  the
22    obligor's  employment  is  terminated  for  any  reason.  The
23    report shall be in writing and shall,  in  the  case  of  new
24    employment, include the name and address of the new employer.
25        Failure  to  report  new employment or the termination of
26    current employment, if coupled with nonpayment of support for
27    a period in excess of 60 days, is indirect criminal contempt.
28    For  any  obligor  arrested  for  failure   to   report   new
29    employment,  bond  shall  be  set  in the amount of the child
30    support that should have  been  paid  during  the  period  of
31    unreported employment.
32        An  order  for  support  entered under this Section shall
33    also include a provision requiring the  obligor  and  obligee
34    parents  to advise each other of a change in residence within
 
HB2298 Engrossed            -36-               LRB9205094ARsb
 1    5 days of the change except when the  court  finds  that  the
 2    physical,  mental,  or  emotional  health  of a party or of a
 3    minor child,  or  both,  would  be  seriously  endangered  by
 4    disclosure of the party's address.
 5        (g) An order for support entered or modified in a case in
 6    which  a party is receiving child and spouse support services
 7    under Article X of the Illinois Public Aid Code shall include
 8    a provision requiring the noncustodial parent to  notify  the
 9    Illinois Department of Public Aid, within 7 days, of the name
10    and  address  of any new employer of the noncustodial parent,
11    whether  the  noncustodial  parent  has  access   to   health
12    insurance  coverage  through  the  employer  or  other  group
13    coverage and, if so, the policy name and number and the names
14    of persons covered under the policy.
15        (h)  In  any  subsequent  action  to enforce an order for
16    support entered under this Act, upon sufficient showing  that
17    diligent  effort  has  been made to ascertain the location of
18    the noncustodial parent, service of process or  provision  of
19    notice necessary in that action may be made at the last known
20    address  of  the noncustodial parent, in any manner expressly
21    provided by the Code of Civil Procedure or in this Act, which
22    service shall be sufficient for purposes of due process.
23        (i) An order for support shall include a  date  on  which
24    the  current  support obligation terminates.  The termination
25    date shall be no earlier than the date  on  which  the  child
26    covered  by the order will attain the age of 18.  However, if
27    the child will not graduate  from  high  school  until  after
28    attaining  the  age of 18, then the termination date shall be
29    no earlier than the earlier of the date on which the  child's
30    high  school  graduation  will occur or the date on which the
31    child will attain the age of  19  majority  or  is  otherwise
32    emancipated.  The  order  for  support  shall  state that the
33    termination date does not apply to  any  arrearage  that  may
34    remain unpaid on that date.  Nothing in this subsection shall
 
HB2298 Engrossed            -37-               LRB9205094ARsb
 1    be construed to prevent the court from modifying the order.
 2    (Source: P.A. 91-613, eff. 10-1-99; 91-767, eff. 6-9-00.)

 3        Section  20.   The  Illinois  Parentage  Act  of  1984 is
 4    amended by changing Section 14 as follows:

 5        (750 ILCS 45/14) (from Ch. 40, par. 2514)
 6        Sec. 14.  Judgment.
 7        (a) (1)  The judgment shall contain or explicitly reserve
 8    provisions concerning any duty and amount  of  child  support
 9    and   may  contain  provisions  concerning  the  custody  and
10    guardianship of the child,  visitation  privileges  with  the
11    child,  the  furnishing  of  bond  or  other security for the
12    payment of the judgment, which the court shall  determine  in
13    accordance  with  the  relevant  factors  set  forth  in  the
14    Illinois  Marriage  and  Dissolution  of Marriage Act and any
15    other applicable law of Illinois, to guide  the  court  in  a
16    finding  in  the  best interests of the child. In determining
17    custody, joint custody, or visitation, the court shall  apply
18    the   relevant   standards   of  the  Illinois  Marriage  and
19    Dissolution of Marriage Act. Specifically, in determining the
20    amount of any child support award, the court  shall  use  the
21    guidelines  and  standards  set  forth  in  subsection (a) of
22    Section 505 and in Section 505.2 of the Illinois Marriage and
23    Dissolution of Marriage Act.  For purposes of Section 505  of
24    the  Illinois  Marriage and Dissolution of Marriage Act, "net
25    income"  of  the  non-custodial  parent  shall  include   any
26    benefits  available  to that person under the Illinois Public
27    Aid  Code   or   from   other   federal,   State   or   local
28    government-funded  programs.   The  court shall, in any event
29    and regardless of the amount of  the  non-custodial  parent's
30    net income, in its judgment order the non-custodial parent to
31    pay child support to the custodial parent in a minimum amount
32    of not less than $10 per month. In an action brought within 2
 
HB2298 Engrossed            -38-               LRB9205094ARsb
 1    years after a child's birth, the judgment or order may direct
 2    either  parent  to  pay  the  reasonable expenses incurred by
 3    either parent related  to  the  mother's  pregnancy  and  the
 4    delivery  of  the  child. The judgment or order shall contain
 5    the father's social security number, which the  father  shall
 6    disclose  to  the  court;  however,  failure  to  include the
 7    father's social security number on the judgment or order does
 8    not invalidate the judgment or order.
 9        (2)  If a judgment  of  parentage  contains  no  explicit
10    award  of  custody, the establishment of a support obligation
11    or of visitation rights in one parent shall be  considered  a
12    judgment  granting  custody  to  the  other  parent.   If the
13    parentage judgment contains no such provisions, custody shall
14    be presumed to be with the mother; however,  the  presumption
15    shall not apply if the father has had physical custody for at
16    least  6  months  prior  to the date that the mother seeks to
17    enforce custodial rights.
18        (b)  The court shall order all  child  support  payments,
19    determined  in  accordance  with such guidelines, to commence
20    with the date  summons  is  served.   The  level  of  current
21    periodic  support  payments  shall  not be reduced because of
22    payments set for the period prior to the date of entry of the
23    support  order.   The  Court  may  order  any  child  support
24    payments to be made for a period prior to the commencement of
25    the action. In determining whether and the  extent  to  which
26    the  payments  shall  be made for any prior period, the court
27    shall consider all relevant facts, including the factors  for
28    determining  the  amount of support specified in the Illinois
29    Marriage and Dissolution of Marriage Act and other  equitable
30    factors including but not limited to:
31             (1)  The  father's  prior  knowledge of the fact and
32        circumstances of the child's birth.
33             (2)  The father's prior willingness  or  refusal  to
34        help raise or support the child.
 
HB2298 Engrossed            -39-               LRB9205094ARsb
 1             (3)  The  extent  to  which the mother or the public
 2        agency bringing the action previously informed the father
 3        of the child's needs or attempted to seek or require  his
 4        help in raising or supporting the child.
 5             (4)  The reasons the mother or the public agency did
 6        not file the action earlier.
 7             (5)  The   extent  to  which  the  father  would  be
 8        prejudiced by the delay in bringing the action.
 9        For purposes of determining the amount of  child  support
10    to  be  paid  for  any  period  before the date the order for
11    current child support  is  entered,  there  is  a  rebuttable
12    presumption that the father's net income for the prior period
13    was  the  same  as  his  net income at the time the order for
14    current child support is entered.
15        If (i) the non-custodial parent was properly served  with
16    a  request for discovery of financial information relating to
17    the non-custodial parent's ability to provide child  support,
18    (ii)  the  non-custodial  parent  failed  to  comply with the
19    request, despite having been ordered to do so by  the  court,
20    and  (iii)  the  non-custodial  parent  is not present at the
21    hearing to determine support despite having  received  proper
22    notice,  then  any  relevant financial information concerning
23    the non-custodial parent's ability to provide  child  support
24    that  was  obtained  pursuant  to  subpoena and proper notice
25    shall be admitted into evidence without the need to establish
26    any further foundation for its admission.
27        (c)  Any new or existing support  order  entered  by  the
28    court  under  this  Section shall be deemed to be a series of
29    judgments  against  the  person  obligated  to  pay   support
30    thereunder, each judgment to be in the amount of each payment
31    or installment of support and each such judgment to be deemed
32    entered   as   of  the  date  the  corresponding  payment  or
33    installment becomes due under the terms of the support order.
34    Each  judgment  shall  have  the  full  force,   effect   and
 
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 1    attributes of any other judgment of this State, including the
 2    ability  to  be  enforced.  A lien arises by operation of law
 3    against the real and personal property  of  the  noncustodial
 4    parent  for  each  installment of overdue support owed by the
 5    noncustodial parent.
 6        (d)  If the judgment or order of the court is at variance
 7    with the child's birth certificate,  the  court  shall  order
 8    that  a  new  birth  certificate  be  issued  under the Vital
 9    Records Act.
10        (e)  On request of the mother and the father,  the  court
11    shall  order  a  change  in  the  child's name. After hearing
12    evidence the court may stay payment  of  support  during  the
13    period of the father's minority or period of disability.
14        (f)  If,  upon  a  showing  of proper service, the father
15    fails to appear in court, or otherwise appear as provided  by
16    law,  the  court may proceed to hear the cause upon testimony
17    of the mother or other parties taken in open court and  shall
18    enter a judgment by default.  The court may reserve any order
19    as  to  the  amount  of  child  support  until the father has
20    received notice, by regular mail, of a hearing on the matter.
21        (g)  A one-time charge  of  20%  is  imposable  upon  the
22    amount  of  past-due child support owed on July 1, 1988 which
23    has accrued under a support order entered by the court.   The
24    charge  shall be imposed in accordance with the provisions of
25    Section 10-21 of the Illinois Public Aid Code  and  shall  be
26    enforced by the court upon petition.
27        (h)  All  orders  for  support, when entered or modified,
28    shall include a provision requiring the non-custodial  parent
29    to notify the court and, in cases in which party is receiving
30    child  and  spouse  support  services  under Article X of the
31    Illinois Public Aid Code, the Illinois Department  of  Public
32    Aid,  within  7  days, (i) of the name and address of any new
33    employer  of  the  non-custodial  parent,  (ii)  whether  the
34    non-custodial parent has access to health insurance  coverage
 
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 1    through  the employer or other group coverage and, if so, the
 2    policy name and number and the names of persons covered under
 3    the policy, and (iii)  of  any  new  residential  or  mailing
 4    address  or telephone number of the non-custodial parent.  In
 5    any subsequent action to enforce  a  support  order,  upon  a
 6    sufficient  showing  that  a diligent effort has been made to
 7    ascertain the location of the non-custodial  parent,  service
 8    of  process  or provision of notice necessary in the case may
 9    be made at the last known address of the non-custodial parent
10    in any  manner  expressly  provided  by  the  Code  of  Civil
11    Procedure  or this Act, which service shall be sufficient for
12    purposes of due process.
13        (i)  An order for support shall include a date  on  which
14    the  current  support obligation terminates.  The termination
15    date shall be no earlier than the date  on  which  the  child
16    covered  by the order will attain the age of 18.  However, if
17    the child will not graduate  from  high  school  until  after
18    attaining  the  age of 18, then the termination date shall be
19    no earlier than the earlier of the date on which the  child's
20    high  school  graduation  will occur or the date on which the
21    child will attain the age of  19  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 subsection shall
25    be construed to prevent the court from modifying the order.
26        (j)  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    (Source:  P.A.  90-18,  eff.  7-1-97;  90-539,  eff.  6-1-98;
13    90-655, eff. 7-30-98; 91-767, eff. 6-9-00.)
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State of Illinois 92nd General Assembly Legislation

State of Illinois
92^nd General Assembly
Legislation
