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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
92_SB0993eng SB993 Engrossed 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. 11 (Source: P.A. 91-397, eff. 1-1-00.) 12 Section 10. The Illinois Marriage and Dissolution of 13 Marriage Act is amended by changing Section 505 as follows: 14 (750 ILCS 5/505) (from Ch. 40, par. 505) 15 Sec. 505. Child support; contempt; penalties. 16 (a) In a proceeding for dissolution of marriage, legal 17 separation, declaration of invalidity of marriage, a 18 proceeding for child support following dissolution of the 19 marriage by a court which lacked personal jurisdiction over 20 the absent spouse, a proceeding for modification of a 21 previous order for child support under Section 510 of this 22 Act, or any proceeding authorized under Section 501 or 601 of 23 this Act, the court may order either or both parents owing a 24 duty of support to a child of the marriage to pay an amount 25 reasonable and necessary for his support, without regard to 26 marital misconduct. The duty of support owed to a minor 27 child includes the obligation to provide for the reasonable 28 and necessary physical, mental and emotional health needs of 29 the child. SB993 Engrossed -2- LRB9208130DJmg 1 (1) The Court shall determine the minimum amount of 2 support by using the following guidelines: 3 Number of Children Percent of Supporting Party's 4 Net Income 5 1 20% 6 2 25% 7 3 32% 8 4 40% 9 5 45% 10 6 or more 50% 11 (2) The above guidelines shall be applied in each 12 case unless the court makes a finding that application of 13 the guidelines would be inappropriate, after considering 14 the best interests of the child in light of evidence 15 including but not limited to one or more of the following 16 relevant factors: 17 (a) the financial resources and needs of the 18 child; 19 (b) the financial resources and needs of the 20 custodial parent; 21 (c) the standard of living the child would 22 have enjoyed had the marriage not been dissolved; 23 (d) the physical and emotional condition of 24 the child, and his educational needs; and 25 (e) the financial resources and needs of the 26 non-custodial parent. 27 If the court deviates from the guidelines, the 28 court's finding shall state the amount of support that 29 would have been required under the guidelines, if 30 determinable. The court shall include the reason or 31 reasons for the variance from the guidelines. 32 (3) "Net income" is defined as the total of all 33 income from all sources, minus the following deductions: 34 (a) Federal income tax (properly calculated SB993 Engrossed -3- LRB9208130DJmg 1 withholding or estimated payments); 2 (b) State income tax (properly calculated 3 withholding or estimated payments); 4 (c) Social Security (FICA payments); 5 (d) Mandatory retirement contributions 6 required by law or as a condition of employment; 7 (e) Union dues; 8 (f) Dependent and individual 9 health/hospitalization insurance premiums; 10 (g) Prior obligations of support or 11 maintenance actually paid pursuant to a court order; 12 (h) Expenditures for repayment of debts that 13 represent reasonable and necessary expenses for the 14 production of income, medical expenditures necessary 15 to preserve life or health, reasonable expenditures 16 for the benefit of the child and the other parent, 17 exclusive of gifts. The court shall reduce net 18 income in determining the minimum amount of support 19 to be ordered only for the period that such payments 20 are due and shall enter an order containing 21 provisions for its self-executing modification upon 22 termination of such payment period. 23 (4) In cases where the court order provides for 24 health/hospitalization insurance coverage pursuant to 25 Section 505.2 of this Act, the premiums for that 26 insurance, or that portion of the premiums for which the 27 supporting party is responsible in the case of insurance 28 provided through an employer's health insurance plan 29 where the employer pays a portion of the premiums, shall 30 be subtracted from net income in determining the minimum 31 amount of support to be ordered. 32 (4.5) In a proceeding for child support following 33 dissolution of the marriage by a court that lacked 34 personal jurisdiction over the absent spouse, and in SB993 Engrossed -4- LRB9208130DJmg 1 which the court is requiring payment of support for the 2 period before the date an order for current support is 3 entered, there is a rebuttable presumption that the 4 supporting party's net income for the prior period was 5 the same as his or her net income at the time the order 6 for current support is entered. 7 (5) If the net income cannot be determined because 8 of default or any other reason, the court shall order 9 support in an amount considered reasonable in the 10 particular case. The final order in all cases shall 11 state the support level in dollar amounts. However, if 12 the court finds that the child support amount cannot be 13 expressed exclusively as a dollar amount because all or a 14 portion of the payor's net income is uncertain as to 15 source, time of payment, or amount, the court may order a 16 percentage amount of support in addition to a specific 17 dollar amount and enter such other orders as may be 18 necessary to determine and enforce, on a timely basis, 19 the applicable support ordered. 20 (6) If (i) the non-custodial parent was properly 21 served with a request for discovery of financial 22 information relating to the non-custodial parent's 23 ability to provide child support, (ii) the non-custodial 24 parent failed to comply with the request, despite having 25 been ordered to do so by the court, and (iii) the 26 non-custodial parent is not present at the hearing to 27 determine support despite having received proper notice, 28 then any relevant financial information concerning the 29 non-custodial parent's ability to provide child support 30 that was obtained pursuant to subpoena and proper notice 31 shall be admitted into evidence without the need to 32 establish any further foundation for its admission. 33 (a-5) In an action to enforce an order for support based 34 on the respondent's failure to make support payments as SB993 Engrossed -5- LRB9208130DJmg 1 required by the order, notice of proceedings to hold the 2 respondent in contempt for that failure may be served on the 3 respondent by personal service or by regular mail addressed 4 to the respondent's last known address. The respondent's 5 last known address may be determined from records of the 6 clerk of the court, from the Federal Case Registry of Child 7 Support Orders, or by any other reasonable means. 8 (b) Failure of either parent to comply with an order to 9 pay support shall be punishable as in other cases of 10 contempt. In addition to other penalties provided by law the 11 Court may, after finding the parent guilty of contempt, order 12 that the parent be: 13 (1) placed on probation with such conditions of 14 probation as the Court deems advisable; 15 (2) sentenced to periodic imprisonment for a period 16 not to exceed 6 months; provided, however, that the Court 17 may permit the parent to be released for periods of time 18 during the day or night to: 19 (A) work; or 20 (B) conduct a business or other self-employed 21 occupation. 22 The Court may further order any part or all of the 23 earnings of a parent during a sentence of periodic 24 imprisonment paid to the Clerk of the Circuit Court or to the 25 parent having custody or to the guardian having custody of 26 the minor children of the sentenced parent for the support of 27 said minor children until further order of the Court. 28 If there is a unity of interest and ownership sufficient 29 to render no financial separation between a non-custodial 30 parent and another person or persons or business entity, the 31 court may pierce the ownership veil of the person, persons, 32 or business entity to discover assets of the non-custodial 33 parent held in the name of that person, those persons, or 34 that business entity. The following circumstances are SB993 Engrossed -6- LRB9208130DJmg 1 sufficient to authorize a court to order discovery of the 2 assets of a person, persons, or business entity and to compel 3 the application of any discovered assets toward payment on 4 the judgment for support: 5 (1) the non-custodial parent and the person, 6 persons, or business entity maintain records together. 7 (2) the non-custodial parent and the person, 8 persons, or business entity fail to maintain an arms 9 length relationship between themselves with regard to any 10 assets. 11 (3) the non-custodial parent transfers assets to 12 the person, persons, or business entity with the intent 13 to perpetrate a fraud on the custodial parent. 14 With respect to assets which are real property, no order 15 entered under this paragraph shall affect the rights of bona 16 fide purchasers, mortgagees, judgment creditors, or other 17 lien holders who acquire their interests in the property 18 prior to the time a notice of lis pendens pursuant to the 19 Code of Civil Procedure or a copy of the order is placed of 20 record in the office of the recorder of deeds for the county 21 in which the real property is located. 22 The court may also order in cases where the parent is 90 23 days or more delinquent in payment of support or has been 24 adjudicated in arrears in an amount equal to 90 days 25 obligation or more, that the parent's Illinois driving 26 privileges be suspended until the court determines that the 27 parent is in compliance with the order of support. The court 28 may also order that the parent be issued a family financial 29 responsibility driving permit that would allow limited 30 driving privileges for employment and medical purposes in 31 accordance with Section 7-702.1 of the Illinois Vehicle Code. 32 The clerk of the circuit court shall certify the order 33 suspending the driving privileges of the parent or granting 34 the issuance of a family financial responsibility driving SB993 Engrossed -7- LRB9208130DJmg 1 permit to the Secretary of State on forms prescribed by the 2 Secretary. Upon receipt of the authenticated documents, the 3 Secretary of State shall suspend the parent's driving 4 privileges until further order of the court and shall, if 5 ordered by the court, subject to the provisions of Section 6 7-702.1 of the Illinois Vehicle Code, issue a family 7 financial responsibility driving permit to the parent. 8 In addition to the penalties or punishment that may be 9 imposed under this Section, any person whose conduct 10 constitutes a violation of Section 15 of the Non-Support 11 Punishment Act may be prosecuted under that Act, and a person 12 convicted under that Act may be sentenced in accordance with 13 that Act. The sentence may include but need not be limited 14 to a requirement that the person perform community service 15 under Section 50 of that Act or participate in a work 16 alternative program under Section 50 of that Act. A person 17 may not be required to participate in a work alternative 18 program under Section 50 of that Act if the person is 19 currently participating in a work program pursuant to Section 20 505.1 of this Act. 21 A support obligation, or any portion of a support 22 obligation, which becomes due and remains unpaid for 30 days 23 or more shall accrue simple interest at the rate of 9% per 24 annum. 25 (c) A one-time charge of 20% is imposable upon the 26 amount of past-due child support owed on July 1, 1988 which 27 has accrued under a support order entered by the court. The 28 charge shall be imposed in accordance with the provisions of 29 Section 10-21 of the Illinois Public Aid Code and shall be 30 enforced by the court upon petition. 31 (d) Any new or existing support order entered by the 32 court under this Section shall be deemed to be a series of 33 judgments against the person obligated to pay support 34 thereunder, each such judgment to be in the amount of each SB993 Engrossed -8- LRB9208130DJmg 1 payment or installment of support and each such judgment to 2 be deemed entered as of the date the corresponding payment or 3 installment becomes due under the terms of the support order. 4 Each such judgment shall have the full force, effect and 5 attributes of any other judgment of this State, including the 6 ability to be enforced. A lien arises by operation of law 7 against the real and personal property of the noncustodial 8 parent for each installment of overdue support owed by the 9 noncustodial parent. 10 (e) When child support is to be paid through the clerk 11 of the court in a county of 1,000,000 inhabitants or less, 12 the order shall direct the obligor to pay to the clerk, in 13 addition to the child support payments, all fees imposed by 14 the county board under paragraph (3) of subsection (u) of 15 Section 27.1 of the Clerks of Courts Act. Unless paid in 16 cash or pursuant to an order for withholding, the payment of 17 the fee shall be by a separate instrument from the support 18 payment and shall be made to the order of the Clerk. 19 (f) All orders for support, when entered or modified, 20 shall include a provision requiring the obligor to notify the 21 court and, in cases in which a party is receiving child and 22 spouse services under Article X of the Illinois Public Aid 23 Code, the Illinois Department of Public Aid, within 7 days, 24 (i) of the name and address of any new employer of the 25 obligor, (ii) whether the obligor has access to health 26 insurance coverage through the employer or other group 27 coverage and, if so, the policy name and number and the names 28 of persons covered under the policy, and (iii) of any new 29 residential or mailing address or telephone number of the 30 non-custodial parent. In any subsequent action to enforce a 31 support order, upon a sufficient showing that a diligent 32 effort has been made to ascertain the location of the 33 non-custodial parent, service of process or provision of 34 notice necessary in the case may be made at the last known SB993 Engrossed -9- LRB9208130DJmg 1 address of the non-custodial parent in any manner expressly 2 provided by the Code of Civil Procedure or this Act, which 3 service shall be sufficient for purposes of due process. 4 (g) An order for support shall include a date on which 5 the current support obligation terminates. The termination 6 date shall be no earlier than the date on which the child 7 covered by the order will attain the age of majority or is 8 otherwise emancipated. The order for support shall state that 9 the termination date does not apply to any arrearage that may 10 remain unpaid on that date. Nothing in this subsection shall 11 be construed to prevent the court from modifying the order. 12 (h) An order entered under this Section shall include a 13 provision requiring the obligor to report to the obligee and 14 to the clerk of court within 10 days each time the obligor 15 obtains new employment, and each time the obligor's 16 employment is terminated for any reason. The report shall be 17 in writing and shall, in the case of new employment, include 18 the name and address of the new employer. Failure to report 19 new employment or the termination of current employment, if 20 coupled with nonpayment of support for a period in excess of 21 60 days, is indirect criminal contempt. For any obligor 22 arrested for failure to report new employment bond shall be 23 set in the amount of the child support that should have been 24 paid during the period of unreported employment. An order 25 entered under this Section shall also include a provision 26 requiring the obligor and obligee parents to advise each 27 other of a change in residence within 5 days of the change 28 except when the court finds that the physical, mental, or 29 emotional health of a party or that of a minor child, or 30 both, would be seriously endangered by disclosure of the 31 party's address. 32 (Source: P.A. 90-18, eff. 7-1-97; 90-476, eff. 1-1-98; 33 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-733, eff. 34 8-11-98; 91-113, eff. 7-15-99; 91-397, eff. 1-1-00; 91-655, SB993 Engrossed -10- LRB9208130DJmg 1 eff. 6-1-00; 91-767, eff. 6-9-00; revised 6-28-00.) 2 Section 15. The Non-Support Punishment Act is amended by 3 changing Section 20 as follows: 4 (750 ILCS 16/20) 5 Sec. 20. Entry of order for support; income withholding. 6 (a) In a case in which no court or administrative order 7 for support is in effect against the defendant: 8 (1) at any time before the trial, upon motion of the 9 State's Attorney, or of the Attorney General if the 10 action has been instituted by his office, and upon notice 11 to the defendant, or at the time of arraignment or as a 12 condition of postponement of arraignment, the court may 13 enter such temporary order for support as may seem just, 14 providing for the support or maintenance of the spouse or 15 child or children of the defendant, or both, pendente 16 lite; or 17 (2) before trial with the consent of the defendant, 18 or at the trial on entry of a plea of guilty, or after 19 conviction, instead of imposing the penalty provided in 20 this Act, or in addition thereto, the court may enter an 21 order for support, subject to modification by the court 22 from time to time as circumstances may require, directing 23 the defendant to pay a certain sum for maintenance of the 24 spouse, or for support of the child or children, or both. 25 (b) The court shall determine the amount of child support 26 by using the guidelines and standards set forth in subsection 27 (a) of Section 505 and in Section 505.2 of the Illinois 28 Marriage and Dissolution of Marriage Act. 29 If (i) the non-custodial parent was properly served with 30 a request for discovery of financial information relating to 31 the non-custodial parent's ability to provide child support, 32 (ii) the non-custodial parent failed to comply with the SB993 Engrossed -11- LRB9208130DJmg 1 request, despite having been ordered to do so by the court, 2 and (iii) the non-custodial parent is not present at the 3 hearing to determine support despite having received proper 4 notice, then any relevant financial information concerning 5 the non-custodial parent's ability to provide support that 6 was obtained pursuant to subpoena and proper notice shall be 7 admitted into evidence without the need to establish any 8 further foundation for its admission. 9 (c) The court shall determine the amount of maintenance 10 using the standards set forth in Section 504 of the Illinois 11 Marriage and Dissolution of Marriage Act. 12 (d) The court may, for violation of any order under this 13 Section, punish the offender as for a contempt of court, but 14 no pendente lite order shall remain in effect longer than 4 15 months, or after the discharge of any panel of jurors 16 summoned for service thereafter in such court, whichever is 17 sooner. 18 (e) Any order for support entered by the court under this 19 Section shall be deemed to be a series of judgments against 20 the person obligated to pay support under the judgments, each 21 such judgment to be in the amount of each payment or 22 installment of support and each judgment to be deemed entered 23 as of the date the corresponding payment or installment 24 becomes due under the terms of the support order. Each 25 judgment shall have the full force, effect, and attributes of 26 any other judgment of this State, including the ability to be 27 enforced. Each judgment is subject to modification or 28 termination only in accordance with Section 510 of the 29 Illinois Marriage and Dissolution of Marriage Act. A lien 30 arises by operation of law against the real and personal 31 property of the noncustodial parent for each installment of 32 overdue support owed by the noncustodial parent. 33 (f) An order for support entered under this Section shall 34 include a provision requiring the obligor to report to the SB993 Engrossed -12- LRB9208130DJmg 1 obligee and to the clerk of the court within 10 days each 2 time the obligor obtains new employment, and each time the 3 obligor's employment is terminated for any reason. The 4 report shall be in writing and shall, in the case of new 5 employment, include the name and address of the new employer. 6 Failure to report new employment or the termination of 7 current employment, if coupled with nonpayment of support for 8 a period in excess of 60 days, is indirect criminal contempt. 9 For any obligor arrested for failure to report new 10 employment, bond shall be set in the amount of the child 11 support that should have been paid during the period of 12 unreported employment. 13 An order for support entered under this Section shall 14 also include a provision requiring the obligor and obligee 15 parents to advise each other of a change in residence within 16 5 days of the change except when the court finds that the 17 physical, mental, or emotional health of a party or of a 18 minor child, or both, would be seriously endangered by 19 disclosure of the party's address. 20 (g) An order for support entered or modified in a case in 21 which a party is receiving child and spouse support services 22 under Article X of the Illinois Public Aid Code shall include 23 a provision requiring the noncustodial parent to notify the 24 Illinois Department of Public Aid, within 7 days, of the name 25 and address of any new employer of the noncustodial parent, 26 whether the noncustodial parent has access to health 27 insurance coverage through the employer or other group 28 coverage and, if so, the policy name and number and the names 29 of persons covered under the policy. 30 (h) In any subsequent action to enforce an order for 31 support entered under this Act, upon sufficient showing that 32 diligent effort has been made to ascertain the location of 33 the noncustodial parent, service of process or provision of 34 notice necessary in that action may be made at the last known SB993 Engrossed -13- LRB9208130DJmg 1 address of the noncustodial parent, in any manner expressly 2 provided by the Code of Civil Procedure or in this Act, which 3 service shall be sufficient for purposes of due process. 4 (i) An order for support shall include a date on which 5 the current support obligation terminates. The termination 6 date shall be no earlier than the date on which the child 7 covered by the order will attain the age of majority or is 8 otherwise emancipated. The order for support shall state that 9 the termination date does not apply to any arrearage that may 10 remain unpaid on that date. Nothing in this subsection shall 11 be construed to prevent the court from modifying the order. 12 (j) A support obligation, or any portion of a support 13 obligation, which becomes due and remains unpaid for 30 days 14 or more shall accrue simple interest at the rate of 9% per 15 annum. 16 (Source: P.A. 91-613, eff. 10-1-99; 91-767, eff. 6-9-00.) 17 Section 20. The Illinois Parentage Act of 1984 is 18 amended by changing Section 20.7 as follows: 19 (750 ILCS 45/20.7) 20 Sec. 20.7. Interest on support obligations. A support 21 obligation, or any portion of a support obligation, which 22 becomes due and remains unpaid for 30 days or more shall 23 accrue simple interest at the rate of 9% per annum. 24 (Source: P.A. 91-397, eff. 1-1-00.) 25 Section 99. Effective date. This Act takes effect upon 26 becoming law.