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92_SB0993enr SB993 Enrolled LRB9208130DJmg 1 AN ACT in relation to child support. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Public Aid Code is amended by 5 changing Section 10-16.5 as follows: 6 (305 ILCS 5/10-16.5) 7 Sec. 10-16.5. Interest on support obligations. A 8 support obligation, or any portion of a support obligation, 9 which becomes due and remains unpaid for 30 days or more 10 shall accrue simple interest at the rate of 9% per annum. An 11 order for support entered or modified on or after January 1, 12 2002 shall contain a statement that a support obligation 13 required under the order, or any portion of a support 14 obligation required under the order, that becomes due and 15 remains unpaid for 30 days or more shall accrue simple 16 interest at the rate of 9% per annum. Failure to include the 17 statement in the order for support does not affect the 18 validity of the order or the accrual of interest as provided 19 in this Section. 20 (Source: P.A. 91-397, eff. 1-1-00.) 21 Section 10. The Illinois Marriage and Dissolution of 22 Marriage Act is amended by changing Section 505 as follows: 23 (750 ILCS 5/505) (from Ch. 40, par. 505) 24 Sec. 505. Child support; contempt; penalties. 25 (a) In a proceeding for dissolution of marriage, legal 26 separation, declaration of invalidity of marriage, a 27 proceeding for child support following dissolution of the 28 marriage by a court which lacked personal jurisdiction over 29 the absent spouse, a proceeding for modification of a SB993 Enrolled -2- LRB9208130DJmg 1 previous order for child support under Section 510 of this 2 Act, or any proceeding authorized under Section 501 or 601 of 3 this Act, the court may order either or both parents owing a 4 duty of support to a child of the marriage to pay an amount 5 reasonable and necessary for his support, without regard to 6 marital misconduct. The duty of support owed to a minor 7 child includes the obligation to provide for the reasonable 8 and necessary physical, mental and emotional health needs of 9 the child. 10 (1) The Court shall determine the minimum amount of 11 support by using the following guidelines: 12 Number of Children Percent of Supporting Party's 13 Net Income 14 1 20% 15 2 25% 16 3 32% 17 4 40% 18 5 45% 19 6 or more 50% 20 (2) The above guidelines shall be applied in each 21 case unless the court makes a finding that application of 22 the guidelines would be inappropriate, after considering 23 the best interests of the child in light of evidence 24 including but not limited to one or more of the following 25 relevant factors: 26 (a) the financial resources and needs of the 27 child; 28 (b) the financial resources and needs of the 29 custodial parent; 30 (c) the standard of living the child would 31 have enjoyed had the marriage not been dissolved; 32 (d) the physical and emotional condition of 33 the child, and his educational needs; and 34 (e) the financial resources and needs of the SB993 Enrolled -3- LRB9208130DJmg 1 non-custodial parent. 2 If the court deviates from the guidelines, the 3 court's finding shall state the amount of support that 4 would have been required under the guidelines, if 5 determinable. The court shall include the reason or 6 reasons for the variance from the guidelines. 7 (3) "Net income" is defined as the total of all 8 income from all sources, minus the following deductions: 9 (a) Federal income tax (properly calculated 10 withholding or estimated payments); 11 (b) State income tax (properly calculated 12 withholding or estimated payments); 13 (c) Social Security (FICA payments); 14 (d) Mandatory retirement contributions 15 required by law or as a condition of employment; 16 (e) Union dues; 17 (f) Dependent and individual 18 health/hospitalization insurance premiums; 19 (g) Prior obligations of support or 20 maintenance actually paid pursuant to a court order; 21 (h) Expenditures for repayment of debts that 22 represent reasonable and necessary expenses for the 23 production of income, medical expenditures necessary 24 to preserve life or health, reasonable expenditures 25 for the benefit of the child and the other parent, 26 exclusive of gifts. The court shall reduce net 27 income in determining the minimum amount of support 28 to be ordered only for the period that such payments 29 are due and shall enter an order containing 30 provisions for its self-executing modification upon 31 termination of such payment period. 32 (4) In cases where the court order provides for 33 health/hospitalization insurance coverage pursuant to 34 Section 505.2 of this Act, the premiums for that SB993 Enrolled -4- LRB9208130DJmg 1 insurance, or that portion of the premiums for which the 2 supporting party is responsible in the case of insurance 3 provided through an employer's health insurance plan 4 where the employer pays a portion of the premiums, shall 5 be subtracted from net income in determining the minimum 6 amount of support to be ordered. 7 (4.5) In a proceeding for child support following 8 dissolution of the marriage by a court that lacked 9 personal jurisdiction over the absent spouse, and in 10 which the court is requiring payment of support for the 11 period before the date an order for current support is 12 entered, there is a rebuttable presumption that the 13 supporting party's net income for the prior period was 14 the same as his or her net income at the time the order 15 for current support is entered. 16 (5) If the net income cannot be determined because 17 of default or any other reason, the court shall order 18 support in an amount considered reasonable in the 19 particular case. The final order in all cases shall 20 state the support level in dollar amounts. However, if 21 the court finds that the child support amount cannot be 22 expressed exclusively as a dollar amount because all or a 23 portion of the payor's net income is uncertain as to 24 source, time of payment, or amount, the court may order a 25 percentage amount of support in addition to a specific 26 dollar amount and enter such other orders as may be 27 necessary to determine and enforce, on a timely basis, 28 the applicable support ordered. 29 (6) If (i) the non-custodial parent was properly 30 served with a request for discovery of financial 31 information relating to the non-custodial parent's 32 ability to provide child support, (ii) the non-custodial 33 parent failed to comply with the request, despite having 34 been ordered to do so by the court, and (iii) the SB993 Enrolled -5- LRB9208130DJmg 1 non-custodial parent is not present at the hearing to 2 determine support despite having received proper notice, 3 then any relevant financial information concerning the 4 non-custodial parent's ability to provide child support 5 that was obtained pursuant to subpoena and proper notice 6 shall be admitted into evidence without the need to 7 establish any further foundation for its admission. 8 (a-5) In an action to enforce an order for support based 9 on the respondent's failure to make support payments as 10 required by the order, notice of proceedings to hold the 11 respondent in contempt for that failure may be served on the 12 respondent by personal service or by regular mail addressed 13 to the respondent's last known address. The respondent's 14 last known address may be determined from records of the 15 clerk of the court, from the Federal Case Registry of Child 16 Support Orders, or by any other reasonable means. 17 (b) Failure of either parent to comply with an order to 18 pay support shall be punishable as in other cases of 19 contempt. In addition to other penalties provided by law the 20 Court may, after finding the parent guilty of contempt, order 21 that the parent be: 22 (1) placed on probation with such conditions of 23 probation as the Court deems advisable; 24 (2) sentenced to periodic imprisonment for a period 25 not to exceed 6 months; provided, however, that the Court 26 may permit the parent to be released for periods of time 27 during the day or night to: 28 (A) work; or 29 (B) conduct a business or other self-employed 30 occupation. 31 The Court may further order any part or all of the 32 earnings of a parent during a sentence of periodic 33 imprisonment paid to the Clerk of the Circuit Court or to the 34 parent having custody or to the guardian having custody of SB993 Enrolled -6- LRB9208130DJmg 1 the minor children of the sentenced parent for the support of 2 said minor children until further order of the Court. 3 If there is a unity of interest and ownership sufficient 4 to render no financial separation between a non-custodial 5 parent and another person or persons or business entity, the 6 court may pierce the ownership veil of the person, persons, 7 or business entity to discover assets of the non-custodial 8 parent held in the name of that person, those persons, or 9 that business entity. The following circumstances are 10 sufficient to authorize a court to order discovery of the 11 assets of a person, persons, or business entity and to compel 12 the application of any discovered assets toward payment on 13 the judgment for support: 14 (1) the non-custodial parent and the person, 15 persons, or business entity maintain records together. 16 (2) the non-custodial parent and the person, 17 persons, or business entity fail to maintain an arms 18 length relationship between themselves with regard to any 19 assets. 20 (3) the non-custodial parent transfers assets to 21 the person, persons, or business entity with the intent 22 to perpetrate a fraud on the custodial parent. 23 With respect to assets which are real property, no order 24 entered under this paragraph shall affect the rights of bona 25 fide purchasers, mortgagees, judgment creditors, or other 26 lien holders who acquire their interests in the property 27 prior to the time a notice of lis pendens pursuant to the 28 Code of Civil Procedure or a copy of the order is placed of 29 record in the office of the recorder of deeds for the county 30 in which the real property is located. 31 The court may also order in cases where the parent is 90 32 days or more delinquent in payment of support or has been 33 adjudicated in arrears in an amount equal to 90 days 34 obligation or more, that the parent's Illinois driving SB993 Enrolled -7- LRB9208130DJmg 1 privileges be suspended until the court determines that the 2 parent is in compliance with the order of support. The court 3 may also order that the parent be issued a family financial 4 responsibility driving permit that would allow limited 5 driving privileges for employment and medical purposes in 6 accordance with Section 7-702.1 of the Illinois Vehicle Code. 7 The clerk of the circuit court shall certify the order 8 suspending the driving privileges of the parent or granting 9 the issuance of a family financial responsibility driving 10 permit to the Secretary of State on forms prescribed by the 11 Secretary. Upon receipt of the authenticated documents, the 12 Secretary of State shall suspend the parent's driving 13 privileges until further order of the court and shall, if 14 ordered by the court, subject to the provisions of Section 15 7-702.1 of the Illinois Vehicle Code, issue a family 16 financial responsibility driving permit to the parent. 17 In addition to the penalties or punishment that may be 18 imposed under this Section, any person whose conduct 19 constitutes a violation of Section 15 of the Non-Support 20 Punishment Act may be prosecuted under that Act, and a person 21 convicted under that Act may be sentenced in accordance with 22 that Act. The sentence may include but need not be limited 23 to a requirement that the person perform community service 24 under Section 50 of that Act or participate in a work 25 alternative program under Section 50 of that Act. A person 26 may not be required to participate in a work alternative 27 program under Section 50 of that Act if the person is 28 currently participating in a work program pursuant to Section 29 505.1 of this Act. 30 A support obligation, or any portion of a support 31 obligation, which becomes due and remains unpaid for 30 days 32 or more shall accrue simple interest at the rate of 9% per 33 annum. An order for support entered or modified on or after 34 January 1, 2002 shall contain a statement that a support SB993 Enrolled -8- LRB9208130DJmg 1 obligation required under the order, or any portion of a 2 support obligation required under the order, that becomes due 3 and remains unpaid for 30 days or more shall accrue simple 4 interest at the rate of 9% per annum. Failure to include the 5 statement in the order for support does not affect the 6 validity of the order or the accrual of interest as provided 7 in this Section. 8 (c) A one-time charge of 20% is imposable upon the 9 amount of past-due child support owed on July 1, 1988 which 10 has accrued under a support order entered by the court. The 11 charge shall be imposed in accordance with the provisions of 12 Section 10-21 of the Illinois Public Aid Code and shall be 13 enforced by the court upon petition. 14 (d) Any new or existing support order entered by the 15 court under this Section shall be deemed to be a series of 16 judgments against the person obligated to pay support 17 thereunder, each such judgment to be in the amount of each 18 payment or installment of support and each such judgment to 19 be deemed entered as of the date the corresponding payment or 20 installment becomes due under the terms of the support order. 21 Each such judgment shall have the full force, effect and 22 attributes of any other judgment of this State, including the 23 ability to be enforced. A lien arises by operation of law 24 against the real and personal property of the noncustodial 25 parent for each installment of overdue support owed by the 26 noncustodial parent. 27 (e) When child support is to be paid through the clerk 28 of the court in a county of 1,000,000 inhabitants or less, 29 the order shall direct the obligor to pay to the clerk, in 30 addition to the child support payments, all fees imposed by 31 the county board under paragraph (3) of subsection (u) of 32 Section 27.1 of the Clerks of Courts Act. Unless paid in 33 cash or pursuant to an order for withholding, the payment of 34 the fee shall be by a separate instrument from the support SB993 Enrolled -9- LRB9208130DJmg 1 payment and shall be made to the order of the Clerk. 2 (f) All orders for support, when entered or modified, 3 shall include a provision requiring the obligor to notify the 4 court and, in cases in which a party is receiving child and 5 spouse services under Article X of the Illinois Public Aid 6 Code, the Illinois Department of Public Aid, within 7 days, 7 (i) of the name and address of any new employer of the 8 obligor, (ii) whether the obligor has access to health 9 insurance coverage through the employer or other group 10 coverage and, if so, the policy name and number and the names 11 of persons covered under the policy, and (iii) of any new 12 residential or mailing address or telephone number of the 13 non-custodial parent. In any subsequent action to enforce a 14 support order, upon a sufficient showing that a diligent 15 effort has been made to ascertain the location of the 16 non-custodial parent, service of process or provision of 17 notice necessary in the case may be made at the last known 18 address of the non-custodial parent in any manner expressly 19 provided by the Code of Civil Procedure or this Act, which 20 service shall be sufficient for purposes of due process. 21 (g) An order for support shall include a date on which 22 the current support obligation terminates. The termination 23 date shall be no earlier than the date on which the child 24 covered by the order will attain the age of majority or is 25 otherwise emancipated. The order for support shall state that 26 the termination date does not apply to any arrearage that may 27 remain unpaid on that date. Nothing in this subsection shall 28 be construed to prevent the court from modifying the order. 29 (h) An order entered under this Section shall include a 30 provision requiring the obligor to report to the obligee and 31 to the clerk of court within 10 days each time the obligor 32 obtains new employment, and each time the obligor's 33 employment is terminated for any reason. The report shall be 34 in writing and shall, in the case of new employment, include SB993 Enrolled -10- LRB9208130DJmg 1 the name and address of the new employer. Failure to report 2 new employment or the termination of current employment, if 3 coupled with nonpayment of support for a period in excess of 4 60 days, is indirect criminal contempt. For any obligor 5 arrested for failure to report new employment bond shall be 6 set in the amount of the child support that should have been 7 paid during the period of unreported employment. An order 8 entered under this Section shall also include a provision 9 requiring the obligor and obligee parents to advise each 10 other of a change in residence within 5 days of the change 11 except when the court finds that the physical, mental, or 12 emotional health of a party or that of a minor child, or 13 both, would be seriously endangered by disclosure of the 14 party's address. 15 (Source: P.A. 90-18, eff. 7-1-97; 90-476, eff. 1-1-98; 16 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-733, eff. 17 8-11-98; 91-113, eff. 7-15-99; 91-397, eff. 1-1-00; 91-655, 18 eff. 6-1-00; 91-767, eff. 6-9-00; revised 6-28-00.) 19 Section 15. The Non-Support Punishment Act is amended by 20 changing Section 20 as follows: 21 (750 ILCS 16/20) 22 Sec. 20. Entry of order for support; income withholding. 23 (a) In a case in which no court or administrative order 24 for support is in effect against the defendant: 25 (1) at any time before the trial, upon motion of the 26 State's Attorney, or of the Attorney General if the 27 action has been instituted by his office, and upon notice 28 to the defendant, or at the time of arraignment or as a 29 condition of postponement of arraignment, the court may 30 enter such temporary order for support as may seem just, 31 providing for the support or maintenance of the spouse or 32 child or children of the defendant, or both, pendente SB993 Enrolled -11- LRB9208130DJmg 1 lite; or 2 (2) before trial with the consent of the defendant, 3 or at the trial on entry of a plea of guilty, or after 4 conviction, instead of imposing the penalty provided in 5 this Act, or in addition thereto, the court may enter an 6 order for support, subject to modification by the court 7 from time to time as circumstances may require, directing 8 the defendant to pay a certain sum for maintenance of the 9 spouse, or for support of the child or children, or both. 10 (b) The court shall determine the amount of child support 11 by using the guidelines and standards set forth in subsection 12 (a) of Section 505 and in Section 505.2 of the Illinois 13 Marriage and Dissolution of Marriage Act. 14 If (i) the non-custodial parent was properly served with 15 a request for discovery of financial information relating to 16 the non-custodial parent's ability to provide child support, 17 (ii) the non-custodial parent failed to comply with the 18 request, despite having been ordered to do so by the court, 19 and (iii) the non-custodial parent is not present at the 20 hearing to determine support despite having received proper 21 notice, then any relevant financial information concerning 22 the non-custodial parent's ability to provide support that 23 was obtained pursuant to subpoena and proper notice shall be 24 admitted into evidence without the need to establish any 25 further foundation for its admission. 26 (c) The court shall determine the amount of maintenance 27 using the standards set forth in Section 504 of the Illinois 28 Marriage and Dissolution of Marriage Act. 29 (d) The court may, for violation of any order under this 30 Section, punish the offender as for a contempt of court, but 31 no pendente lite order shall remain in effect longer than 4 32 months, or after the discharge of any panel of jurors 33 summoned for service thereafter in such court, whichever is 34 sooner. SB993 Enrolled -12- LRB9208130DJmg 1 (e) Any order for support entered by the court under this 2 Section shall be deemed to be a series of judgments against 3 the person obligated to pay support under the judgments, each 4 such judgment to be in the amount of each payment or 5 installment of support and each judgment to be deemed entered 6 as of the date the corresponding payment or installment 7 becomes due under the terms of the support order. Each 8 judgment shall have the full force, effect, and attributes of 9 any other judgment of this State, including the ability to be 10 enforced. Each judgment is subject to modification or 11 termination only in accordance with Section 510 of the 12 Illinois Marriage and Dissolution of Marriage Act. A lien 13 arises by operation of law against the real and personal 14 property of the noncustodial parent for each installment of 15 overdue support owed by the noncustodial parent. 16 (f) An order for support entered under this Section shall 17 include a provision requiring the obligor to report to the 18 obligee and to the clerk of the court within 10 days each 19 time the obligor obtains new employment, and each time the 20 obligor's employment is terminated for any reason. The 21 report shall be in writing and shall, in the case of new 22 employment, include the name and address of the new employer. 23 Failure to report new employment or the termination of 24 current employment, if coupled with nonpayment of support for 25 a period in excess of 60 days, is indirect criminal contempt. 26 For any obligor arrested for failure to report new 27 employment, bond shall be set in the amount of the child 28 support that should have been paid during the period of 29 unreported employment. 30 An order for support entered under this Section shall 31 also include a provision requiring the obligor and obligee 32 parents to advise each other of a change in residence within 33 5 days of the change except when the court finds that the 34 physical, mental, or emotional health of a party or of a SB993 Enrolled -13- LRB9208130DJmg 1 minor child, or both, would be seriously endangered by 2 disclosure of the party's address. 3 (g) An order for support entered or modified in a case in 4 which a party is receiving child and spouse support services 5 under Article X of the Illinois Public Aid Code shall include 6 a provision requiring the noncustodial parent to notify the 7 Illinois Department of Public Aid, within 7 days, of the name 8 and address of any new employer of the noncustodial parent, 9 whether the noncustodial parent has access to health 10 insurance coverage through the employer or other group 11 coverage and, if so, the policy name and number and the names 12 of persons covered under the policy. 13 (h) In any subsequent action to enforce an order for 14 support entered under this Act, upon sufficient showing that 15 diligent effort has been made to ascertain the location of 16 the noncustodial parent, service of process or provision of 17 notice necessary in that action may be made at the last known 18 address of the noncustodial parent, in any manner expressly 19 provided by the Code of Civil Procedure or in this Act, which 20 service shall be sufficient for purposes of due process. 21 (i) An order for support shall include a date on which 22 the current support obligation terminates. The termination 23 date shall be no earlier than the date on which the child 24 covered by the order will attain the age of majority or is 25 otherwise emancipated. The order for support shall state that 26 the termination date does not apply to any arrearage that may 27 remain unpaid on that date. Nothing in this subsection shall 28 be construed to prevent the court from modifying the order. 29 (j) A support obligation, or any portion of a support 30 obligation, which becomes due and remains unpaid for 30 days 31 or more shall accrue simple interest at the rate of 9% per 32 annum. An order for support entered or modified on or after 33 January 1, 2002 shall contain a statement that a support 34 obligation required under the order, or any portion of a SB993 Enrolled -14- LRB9208130DJmg 1 support obligation required under the order, that becomes due 2 and remains unpaid for 30 days or more shall accrue simple 3 interest at the rate of 9% per annum. Failure to include the 4 statement in the order for support does not affect the 5 validity of the order or the accrual of interest as provided 6 in this Section. 7 (Source: P.A. 91-613, eff. 10-1-99; 91-767, eff. 6-9-00.) 8 Section 20. The Illinois Parentage Act of 1984 is 9 amended by changing Section 20.7 as follows: 10 (750 ILCS 45/20.7) 11 Sec. 20.7. Interest on support obligations. A support 12 obligation, or any portion of a support obligation, which 13 becomes due and remains unpaid for 30 days or more shall 14 accrue simple interest at the rate of 9% per annum. An order 15 for support entered or modified on or after January 1, 2002 16 shall contain a statement that a support obligation required 17 under the order, or any portion of a support obligation 18 required under the order, that becomes due and remains unpaid 19 for 30 days or more shall accrue simple interest at the rate 20 of 9% per annum. Failure to include the statement in the 21 order for support does not affect the validity of the order 22 or the accrual of interest as provided in this Section. 23 (Source: P.A. 91-397, eff. 1-1-00.) 24 Section 99. Effective date. This Act takes effect upon 25 becoming law.