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Public Act 097-0186 | ||||
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AN ACT concerning public aid.
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Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
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Section 5. The Illinois Public Aid Code is amended by | ||||
changing Sections 10-8.1, 10-10, 10-11, 10-17.1, 10-25, and | ||||
10-25.5 and by adding Section 10-17.14 as follows:
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(305 ILCS 5/10-8.1)
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Sec. 10-8.1. Temporary order for child support. | ||||
Notwithstanding any other
law to the contrary, pending the | ||||
outcome of an
administrative determination of parentage, the | ||||
Illinois Department shall issue
a temporary order for child | ||||
support, upon motion by a party and a showing of
clear and | ||||
convincing evidence of paternity. In determining the amount of | ||||
the
temporary child support award, the Illinois Department | ||||
shall use the
guidelines and standards set forth in subsection | ||||
(a) of Section 505 and in
Section 505.2 of the Illinois | ||||
Marriage and Dissolution of Marriage Act.
| ||||
Any new or existing support order entered by the Illinois | ||||
Department under
this Section shall be deemed to be a series of | ||||
judgments against the person
obligated to pay support | ||||
thereunder, each such judgment to be in the amount of
each | ||||
payment or installment of support and each judgment to be | ||||
deemed entered
as of the date the corresponding payment or |
installment becomes due under the
terms of the support order. | ||
Each such judgment shall have
the full force, effect, and | ||
attributes of any other judgment of this State,
including the | ||
ability to be enforced. Any such judgment is subject to
| ||
modification or termination only in accordance with Section 510 | ||
of the
Illinois Marriage and Dissolution of Marriage Act.
| ||
Notwithstanding any other State or local law to the contrary, a | ||
A lien arises by operation of law against the real and personal | ||
property of the
noncustodial parent for each
installment of | ||
overdue support owed by the noncustodial parent.
| ||
All orders for support entered or modified in a case in | ||
which a party is
receiving child support enforcement services | ||
under this
Article X shall include
a provision requiring the | ||
non-custodial parent to notify the Illinois
Department, within | ||
7 days, (i) of the name, address, and telephone number of
any | ||
new
employer of the non-custodial parent, (ii) whether the | ||
non-custodial parent has
access to health insurance coverage | ||
through the employer or other group
coverage, and, if so, the | ||
policy name and number and the names of persons
covered under | ||
the policy, and (iii) of any new residential or mailing address
| ||
or telephone number of the non-custodial parent.
| ||
In any subsequent action to enforce a support order, upon | ||
sufficient showing
that diligent effort has been made to | ||
ascertain the location of the
non-custodial parent, service of | ||
process or provision of notice necessary in
that action may be | ||
made at the last known address of the non-custodial parent,
in |
any manner expressly provided by the Code of
Civil Procedure or | ||
this Act, which service shall be sufficient for purposes of
due | ||
process.
| ||
An order for support shall include a date on which the | ||
current support
obligation terminates. The termination date | ||
shall be no earlier than the date
on which the child covered by | ||
the order will attain the age of
18. However, if the child will | ||
not graduate from high school until after
attaining the age
of | ||
18, then the termination date shall be no earlier than the | ||
earlier of the
date on which
the child's high school graduation | ||
will occur or the date on which the child
will attain the
age | ||
of 19. The order for support shall state that the termination
| ||
date does not apply to any arrearage that may remain unpaid on | ||
that date.
Nothing in this paragraph shall be construed to | ||
prevent the Illinois Department
from modifying the order or | ||
terminating the order in the event the child is
otherwise | ||
emancipated.
| ||
If there is an unpaid arrearage or delinquency (as those | ||
terms are defined in the Income Withholding for Support Act) | ||
equal to at least one month's support obligation on the | ||
termination date stated in the order for support or, if there | ||
is no termination date stated in the order, on the date the | ||
child attains the age of majority or is otherwise emancipated, | ||
then the periodic amount required to be paid for current | ||
support of that child immediately prior to that date shall | ||
automatically continue to be an obligation, not as current |
support but as periodic payment toward satisfaction of the | ||
unpaid arrearage or delinquency. That periodic payment shall be | ||
in addition to any periodic payment previously required for | ||
satisfaction of the arrearage or delinquency. The total | ||
periodic amount to be paid toward satisfaction of the arrearage | ||
or delinquency may be enforced and collected by any method | ||
provided by law for the enforcement and collection of child | ||
support, including but not limited to income withholding under | ||
the Income Withholding for Support Act. Each order for support | ||
entered or modified on or after the effective date of this | ||
amendatory Act of the 93rd General Assembly must contain a | ||
statement notifying the parties of the requirements of this | ||
paragraph. Failure to include the statement in the order for | ||
support does not affect the validity of the order or the | ||
operation of the provisions of this paragraph with regard to | ||
the order. This paragraph shall not be construed to prevent or | ||
affect the establishment or modification of an order for the | ||
support of a minor child or the establishment or modification | ||
of an order for the support of a non-minor child or educational | ||
expenses under Section 513 of the Illinois Marriage and | ||
Dissolution of Marriage Act.
| ||
(Source: P.A. 92-590, eff. 7-1-02; 92-876, eff. 6-1-03; | ||
93-1061, eff. 1-1-05.)
| ||
(305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
| ||
Sec. 10-10. Court enforcement; applicability also to |
persons who are
not applicants or recipients. Except where the | ||
Illinois Department, by
agreement, acts for the local | ||
governmental unit, as provided in Section
10-3.1, local | ||
governmental units shall refer to the State's Attorney or
to | ||
the proper legal representative of the governmental unit, for
| ||
judicial enforcement as herein provided, instances of | ||
non-support or
insufficient support when the dependents are | ||
applicants or recipients
under Article VI. The Child and Spouse | ||
Support Unit
established by Section 10-3.1 may institute in | ||
behalf of the Illinois
Department any actions under this | ||
Section for judicial enforcement of
the support liability when | ||
the dependents are (a) applicants or
recipients under Articles | ||
III, IV, V or VII; (b) applicants or recipients
in a local | ||
governmental unit when the Illinois Department, by agreement,
| ||
acts for the unit; or (c) non-applicants or non-recipients who | ||
are
receiving child support enforcement services under this | ||
Article X, as
provided
in Section 10-1. Where the Child and | ||
Spouse Support Unit has exercised
its option and discretion not | ||
to apply the provisions of Sections 10-3 through
10-8, the | ||
failure by the Unit to apply such provisions shall not be a bar
| ||
to bringing an action under this Section.
| ||
Action shall be brought in the circuit court to obtain | ||
support, or
for the recovery of aid granted during the period | ||
such support was not
provided, or both for the obtainment of | ||
support and the recovery of the
aid provided. Actions for the | ||
recovery of aid may be taken separately
or they may be |
consolidated with actions to obtain support. Such
actions may | ||
be brought in the name of the person or persons requiring
| ||
support, or may be brought in the name of the Illinois | ||
Department or the
local governmental unit, as the case | ||
requires, in behalf of such persons.
| ||
The court may enter such orders for the payment of moneys | ||
for the
support of the person as may be just and equitable and | ||
may direct
payment thereof for such period or periods of time | ||
as the circumstances
require, including support for a period | ||
before the date the order for support
is entered. The order may | ||
be entered against any or all of the defendant
responsible | ||
relatives and may be based upon the proportionate ability of
| ||
each to contribute to the person's support.
| ||
The Court shall determine the amount of child support | ||
(including child
support for a period before the date the order | ||
for child support is entered)
by
using the
guidelines and | ||
standards set forth in subsection (a) of Section 505 and in
| ||
Section 505.2 of the Illinois Marriage and Dissolution of | ||
Marriage Act.
For purposes of determining the amount of child | ||
support to be paid for a
period before the date the order for | ||
child support is entered, there is a
rebuttable
presumption | ||
that the responsible relative's net income for that period was | ||
the
same as his or her net income at the time the order is | ||
entered.
| ||
If (i) the responsible relative was properly served with a | ||
request for
discovery of
financial information relating to the |
responsible relative's ability to provide
child support, (ii)
| ||
the responsible relative failed to comply with the request, | ||
despite having been
ordered to
do so by the court, and (iii) | ||
the responsible relative is not present at the
hearing to
| ||
determine support despite having received proper notice, then | ||
any relevant
financial
information concerning the responsible | ||
relative's ability to provide child
support
that was
obtained | ||
pursuant to subpoena and proper notice shall be admitted into | ||
evidence
without
the need to establish any further foundation | ||
for its admission.
| ||
An order entered under this Section shall include a | ||
provision requiring
the obligor to report to the obligee and to | ||
the clerk of court within 10 days
each time the obligor obtains | ||
new employment, and each time the obligor's
employment is | ||
terminated for any reason.
The report shall be in writing and | ||
shall, in the case of new employment,
include the name and | ||
address of the new employer.
Failure to report new employment | ||
or
the termination of current employment, if coupled with | ||
nonpayment of support
for a period in excess of 60 days, is | ||
indirect criminal contempt. For
any obligor arrested for | ||
failure to report new employment bond shall be set in
the | ||
amount of the child support that should have been paid during | ||
the period of
unreported employment. An order entered under | ||
this Section shall also include
a provision requiring the | ||
obligor and obligee parents to advise each other of a
change in | ||
residence within 5 days of the change
except when the court |
finds that the physical, mental, or emotional health
of a party | ||
or that of a minor child, or both, would be seriously | ||
endangered by
disclosure of the party's address.
| ||
The Court shall determine the amount of maintenance using | ||
the standards
set forth in Section 504 of the Illinois Marriage | ||
and Dissolution of Marriage
Act.
| ||
Any new or existing support order entered by the court | ||
under this
Section shall be deemed to be a series of judgments | ||
against the person
obligated to pay support thereunder, each | ||
such judgment to be in the amount
of each payment or | ||
installment of support and each such judgment to be
deemed | ||
entered as of the date the corresponding payment or installment
| ||
becomes due under the terms of the support order. Each such | ||
judgment shall
have the full force, effect and attributes of | ||
any other judgment of this
State, including the ability to be | ||
enforced. Any such judgment is subject
to modification or | ||
termination only in accordance with Section 510 of the
Illinois | ||
Marriage and Dissolution of Marriage Act.
Notwithstanding any | ||
other State or local law to the contrary, a A lien arises by | ||
operation of law against the real and personal property of
the | ||
noncustodial parent for each
installment of overdue support | ||
owed by the noncustodial parent.
| ||
When an order is entered for the support of a minor, the | ||
court may
provide therein for reasonable visitation of the | ||
minor by the person or
persons who provided support pursuant to | ||
the order. Whoever willfully
refuses to comply with such |
visitation order or willfully interferes
with its enforcement | ||
may be declared in contempt of court and punished
therefor.
| ||
Except where the local governmental unit has entered into | ||
an
agreement with the Illinois Department for the Child and | ||
Spouse Support
Unit to act for it, as provided in Section | ||
10-3.1, support orders
entered by the court in cases involving | ||
applicants or recipients under
Article VI shall provide that | ||
payments thereunder be made
directly to the local governmental | ||
unit. Orders for the support of all
other applicants or | ||
recipients shall provide that payments thereunder be
made | ||
directly to the Illinois Department.
In accordance with federal | ||
law and regulations, the Illinois Department may
continue to | ||
collect current maintenance payments or child support | ||
payments, or
both, after those persons cease to receive public | ||
assistance and until
termination of services under Article X. | ||
The Illinois Department shall pay the
net amount collected to | ||
those persons after deducting any costs incurred in
making
the | ||
collection or any collection fee from the amount of any | ||
recovery made. In both cases the order shall permit the local
| ||
governmental unit or the Illinois Department, as the case may | ||
be, to direct
the responsible relative or relatives to make | ||
support payments directly to
the needy person, or to some | ||
person or agency in his behalf, upon removal
of the person from | ||
the public aid rolls or upon termination of services under
| ||
Article X.
| ||
If the notice of support due issued pursuant to Section |
10-7 directs
that support payments be made directly to the | ||
needy person, or to some
person or agency in his behalf, and | ||
the recipient is removed from the
public aid rolls, court | ||
action may be taken against the responsible
relative hereunder | ||
if he fails to furnish support in accordance with the
terms of | ||
such notice.
| ||
Actions may also be brought under this Section in behalf of | ||
any
person who is in need of support from responsible | ||
relatives, as defined
in Section 2-11 of Article II who is not | ||
an applicant for or recipient
of financial aid under this Code. | ||
In such instances, the State's
Attorney of the county in which | ||
such person resides shall bring action
against the responsible | ||
relatives hereunder. If the Illinois
Department, as authorized | ||
by Section 10-1, extends the child support
enforcement
services
| ||
provided by this Article to spouses and dependent children who | ||
are not
applicants or recipients under this Code, the Child and | ||
Spouse Support
Unit established by Section 10-3.1 shall bring | ||
action against the
responsible relatives hereunder and any | ||
support orders entered by the
court in such cases shall provide | ||
that payments thereunder be made
directly to the Illinois | ||
Department.
| ||
Whenever it is determined in a proceeding to establish or | ||
enforce a child
support or maintenance obligation that the | ||
person owing a duty of support
is unemployed, the court may | ||
order the person to seek employment and report
periodically to | ||
the court with a diary, listing or other memorandum of his
or |
her efforts in accordance with such order. Additionally, the | ||
court may
order the unemployed person to report to the | ||
Department of Employment
Security for job search services or to | ||
make application with the local Job
Training Partnership Act | ||
provider for participation in job search,
training or work | ||
programs and where the duty of support is owed to a child
| ||
receiving child support enforcement services under this | ||
Article X, the
court may
order the
unemployed person to report | ||
to the Illinois Department for participation
in job search, | ||
training or work programs established under Section 9-6 and
| ||
Article IXA of this Code.
| ||
Whenever it is determined that a person owes past-due | ||
support for a child
receiving assistance under this Code, the | ||
court shall order at the request of
the Illinois Department:
| ||
(1) that the person pay the past-due support in | ||
accordance with a plan
approved by the court; or
| ||
(2) if the person owing past-due support is unemployed, | ||
is subject to
such a plan, and is not incapacitated, that | ||
the person participate in such job
search, training, or | ||
work programs established under Section 9-6 and Article
IXA | ||
of this Code as the court deems appropriate.
| ||
A determination under this Section shall not be | ||
administratively
reviewable by the procedures specified in | ||
Sections 10-12, and 10-13 to
10-13.10. Any determination under | ||
these Sections, if made the basis of
court action under this | ||
Section, shall not affect the de novo judicial
determination |
required under this Section.
| ||
A one-time charge of 20% is imposable upon the amount of | ||
past-due child
support owed on July 1, 1988 which has accrued | ||
under a support order
entered by the court. The charge shall be | ||
imposed in accordance with the
provisions of Section 10-21 of | ||
this Code and shall be enforced by the court
upon petition.
| ||
All orders for support, when entered or modified, shall
| ||
include a provision requiring the non-custodial parent to | ||
notify the court and,
in cases in which a party is receiving | ||
child support
enforcement services under
this Article X, the | ||
Illinois Department, within 7 days, (i) of the name,
address, | ||
and telephone number of any new employer of the non-custodial | ||
parent,
(ii) whether the non-custodial parent has access to | ||
health insurance coverage
through the employer or other group | ||
coverage and, if so, the policy name and
number and the names | ||
of persons covered under
the policy, and (iii) of any new | ||
residential or mailing address or telephone
number of the | ||
non-custodial parent. In any subsequent action to enforce a
| ||
support order, upon a sufficient showing that a diligent effort | ||
has been made
to ascertain the location of the non-custodial | ||
parent, service of process or
provision of notice necessary in | ||
the case may be made at the last known
address of the | ||
non-custodial parent in any manner expressly provided by the
| ||
Code of Civil Procedure or this Code, which service shall be | ||
sufficient for
purposes of due process.
| ||
An order for support shall include a date on which the |
current support
obligation terminates. The termination date | ||
shall be no earlier than the
date on which the child covered by | ||
the order will attain the age of
18. However, if the child will | ||
not graduate from high school until after
attaining the age
of | ||
18, then the termination date shall be no earlier than the | ||
earlier of the
date on which
the child's high school graduation | ||
will occur or the date on which the child
will attain the
age | ||
of 19. The order for support shall state
that the termination | ||
date does not apply to
any arrearage that may remain unpaid on | ||
that date. Nothing in this paragraph
shall be construed to | ||
prevent the court from modifying the order or terminating
the | ||
order in the event the child is otherwise emancipated.
| ||
If there is an unpaid arrearage or delinquency (as those | ||
terms are defined in the Income Withholding for Support Act) | ||
equal to at least one month's support obligation on the | ||
termination date stated in the order for support or, if there | ||
is no termination date stated in the order, on the date the | ||
child attains the age of majority or is otherwise emancipated, | ||
then the periodic amount required to be paid for current | ||
support of that child immediately prior to that date shall | ||
automatically continue to be an obligation, not as current | ||
support but as periodic payment toward satisfaction of the | ||
unpaid arrearage or delinquency. That periodic payment shall be | ||
in addition to any periodic payment previously required for | ||
satisfaction of the arrearage or delinquency. The total | ||
periodic amount to be paid toward satisfaction of the arrearage |
or delinquency may be enforced and collected by any method | ||
provided by law for the enforcement and collection of child | ||
support, including but not limited to income withholding under | ||
the Income Withholding for Support Act. Each order for support | ||
entered or modified on or after the effective date of this | ||
amendatory Act of the 93rd General Assembly must contain a | ||
statement notifying the parties of the requirements of this | ||
paragraph. Failure to include the statement in the order for | ||
support does not affect the validity of the order or the | ||
operation of the provisions of this paragraph with regard to | ||
the order. This paragraph shall not be construed to prevent or | ||
affect the establishment or modification of an order for the | ||
support of a minor child or the establishment or modification | ||
of an order for the support of a non-minor child or educational | ||
expenses under Section 513 of the Illinois Marriage and | ||
Dissolution of Marriage Act.
| ||
Payments under this Section to the Illinois Department | ||
pursuant to the
Child Support Enforcement Program established | ||
by Title IV-D of the Social
Security Act shall be paid into the | ||
Child Support Enforcement Trust Fund.
All payments under this | ||
Section to the Illinois Department of Human
Services shall be | ||
deposited in the DHS Recoveries
Trust Fund. Disbursements from | ||
these funds shall be as provided in Sections
12-9.1 and 12-10.2 | ||
of this Code. Payments received by a local
governmental unit | ||
shall be deposited in that unit's General Assistance Fund.
| ||
To the extent the provisions of this Section are |
inconsistent with the
requirements pertaining to the State | ||
Disbursement Unit under Sections 10-10.4
and 10-26 of this | ||
Code, the requirements pertaining to the State Disbursement
| ||
Unit shall apply.
| ||
(Source: P.A. 94-88, eff. 1-1-06; 95-331, eff. 8-21-07.)
| ||
(305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
| ||
Sec. 10-11. Administrative Orders. In lieu of actions for | ||
court
enforcement of support under Section 10-10, the Child and | ||
Spouse Support
Unit of the Illinois Department, in accordance | ||
with the rules of the
Illinois Department, may issue an | ||
administrative order requiring the
responsible relative to | ||
comply with the terms of the determination and
notice of | ||
support due, determined and issued under Sections 10-6 and | ||
10-7.
The Unit may also enter an administrative order under | ||
subsection (b) of
Section 10-7. The administrative order shall | ||
be served upon the
responsible relative by United States | ||
registered or certified mail.
In cases in which the responsible | ||
relative appeared at the office of the
Child
and Spouse Support | ||
Unit in response to the notice of support obligation
issued | ||
under Section 10-4, however, or in cases of default in which | ||
the notice
was served on the responsible relative by certified | ||
mail, return receipt
requested, or by
any
method provided by | ||
law for service of summons, the administrative
determination of | ||
paternity or administrative support order may be sent to the
| ||
responsible relative by ordinary mail addressed to the |
responsible relative's
last known address.
| ||
If a responsible relative or a person receiving child | ||
support
enforcement services under this Article fails to | ||
petition the Illinois
Department for
release from or | ||
modification of the administrative order, as provided in
| ||
Section 10-12 or Section 10-12.1, the order shall become final | ||
and there
shall be no further
administrative or judicial | ||
remedy. Likewise a decision by the Illinois
Department as a | ||
result of an administrative hearing, as provided in
Sections | ||
10-13 to 10-13.10, shall become final and enforceable if not
| ||
judicially reviewed under the Administrative Review Law, as | ||
provided in
Section 10-14.
| ||
Any new or existing support order entered by the Illinois | ||
Department
under this Section shall be deemed to be a series of | ||
judgments against the
person obligated to pay support | ||
thereunder, each such judgment to be in the
amount of each | ||
payment or installment of support and each such judgment to
be | ||
deemed entered as of the date the corresponding payment or | ||
installment
becomes due under the terms of the support order. | ||
Each such judgment
shall have the full force, effect and | ||
attributes of any other judgment of
this State, including the | ||
ability to be enforced. Any such judgment is
subject to | ||
modification or termination only in accordance with Section 510
| ||
of the Illinois Marriage and Dissolution of Marriage Act.
| ||
Notwithstanding any other State or local law to the contrary, a | ||
A lien arises by operation of law against the real and personal |
property of
the noncustodial parent for each
installment of | ||
overdue support owed by the noncustodial parent.
| ||
An order for support shall include a date on which the | ||
current support obligation terminates. The termination date | ||
shall be no earlier than the date on which the child covered by | ||
the order will attain the age of majority or is otherwise | ||
emancipated. The order for support shall state that the | ||
termination date does not apply to any arrearage that may | ||
remain unpaid on that date. Nothing in this paragraph shall be | ||
construed to prevent modification of the order by the | ||
Department. | ||
If there is an unpaid arrearage or delinquency (as those | ||
terms are defined in the Income Withholding for Support Act) | ||
equal to at least one month's support obligation on the | ||
termination date stated in the order for support or, if there | ||
is no termination date stated in the order, on the date the | ||
child attains the age of majority or is otherwise emancipated, | ||
then the periodic amount required to be paid for current | ||
support of that child immediately prior to that date shall | ||
automatically continue to be an obligation, not as current | ||
support but as periodic payment toward satisfaction of the | ||
unpaid arrearage or delinquency. That periodic payment shall be | ||
in addition to any periodic payment previously required for | ||
satisfaction of the arrearage or delinquency. The total | ||
periodic amount to be paid toward satisfaction of the arrearage | ||
or delinquency may be enforced and collected by any method |
provided by law for the enforcement and collection of child | ||
support, including but not limited to income withholding under | ||
the Income Withholding for Support Act. Each order for support | ||
entered or modified on or after the effective date of this | ||
amendatory Act of the 93rd General Assembly must contain a | ||
statement notifying the parties of the requirements of this | ||
paragraph. Failure to include the statement in the order for | ||
support does not affect the validity of the order or the | ||
operation of the provisions of this paragraph with regard to | ||
the order. This paragraph shall not be construed to prevent or | ||
affect the establishment or modification of an order for the | ||
support of a minor child or the establishment or modification | ||
of an order for the support of a non-minor child or educational | ||
expenses under Section 513 of the Illinois Marriage and | ||
Dissolution of Marriage Act.
| ||
An order for support shall include a date on which the | ||
support obligation
terminates. The termination date shall be no | ||
earlier than the date on which
the child covered by the order | ||
will attain the age of 18. However, if the
child will not | ||
graduate from high school until after attaining the age of 18,
| ||
then the termination date shall be no earlier than the earlier | ||
of the date that
the child's graduation will occur or the date | ||
on which the child will attain
the age of 19. The order for | ||
support shall state that the termination date
does not apply to | ||
any arrearage that may remain unpaid on that date. Nothing
in | ||
this paragraph shall be construed to prevent the Illinois |
Department from
modifying the order or terminating the order in | ||
the event the child is
otherwise emancipated.
| ||
(Source: P.A. 92-590, eff. 7-1-02; 92-876, eff. 6-1-03; | ||
93-1061, eff. 1-1-05.)
| ||
(305 ILCS 5/10-17.1) (from Ch. 23, par. 10-17.1)
| ||
Sec. 10-17.1. Administrative Order by Registration. The | ||
Illinois
Department may provide by rule for the administrative | ||
registration of a
support order
entered by a court or | ||
administrative body of another
state.
The purpose of | ||
registration shall be to enforce or modify the order in
| ||
accordance with the provisions of the Uniform Interstate Family | ||
Support
Act. Upon
registration, such support order shall become | ||
an administrative order of
the Child and Spouse Support Unit by | ||
operation of law. The rule shall
provide for notice to and an | ||
opportunity to be heard by the responsible
relative and | ||
custodial parent affected, and any final administrative
| ||
decision rendered by the
Department shall be reviewed only | ||
under and in accordance with the
Administrative Review Law.
| ||
Any new or existing support order registered by the | ||
Illinois Department
under this Section shall be deemed to be a | ||
series of judgments against the
person obligated to pay support | ||
thereunder, each such judgment to be in the
amount of each | ||
payment or installment of support and each such judgment to
be | ||
deemed entered as of the date the corresponding payment or | ||
installment
becomes due under the terms of the support order. |
Each such judgment
shall be
enforceable in the same manner as | ||
any other judgment in this State.
Notwithstanding any other | ||
State or local law to the contrary, a A lien arises by | ||
operation of law against the real and personal property of
the | ||
noncustodial parent for each
installment of overdue support | ||
owed by the noncustodial parent.
| ||
A one-time charge of 20% is imposable upon the amount of | ||
past-due child
support owed on July 1, 1988, which has accrued | ||
under a support order
registered by the Illinois Department | ||
under this Section. The charge shall
be imposed in accordance | ||
with the provisions of Section 10-21 and shall be
enforced by | ||
the court in a suit filed under Section 10-15.
| ||
(Source: P.A. 90-18, eff. 7-1-97; 90-790, eff. 8-14-98.)
| ||
(305 ILCS 5/10-17.14 new) | ||
Sec. 10-17.14. Denial of passports. The Illinois | ||
Department may provide by rule for certification to the | ||
Department of Health and Human Services of past due support | ||
owed by responsible relatives under a support order entered by | ||
a court or administrative body of this or any other State on | ||
behalf of resident or non-resident persons. The purpose of | ||
certification shall be to effect denial, revocation, | ||
restriction, or limitation of passports of responsible | ||
relatives owing past due support. | ||
The rule shall provide for notice to and an opportunity to | ||
be heard by the responsible relative affected and any final |
administrative decision rendered by the Department shall be | ||
reviewed only under and in accordance with the Administrative | ||
Review Law. Certification shall be accomplished in accordance | ||
with Title IV, Part D of the federal Social Security Act and | ||
rules and regulations promulgated thereunder.
| ||
(305 ILCS 5/10-25)
| ||
Sec. 10-25.
Administrative liens and levies on real | ||
property for
past-due child support.
| ||
(a) Notwithstanding any other State or local law to the | ||
contrary, the The State shall have a lien on all legal and | ||
equitable interests of
responsible relatives in their real | ||
property
in the amount of past-due child support owing pursuant | ||
to an order
for child support entered under Sections 10-10 and | ||
10-11 of this Code, or under
the Illinois Marriage and | ||
Dissolution of Marriage Act, the Non-Support of
Spouse and | ||
Children Act, the Non-Support Punishment Act, the Uniform
| ||
Interstate Family Support Act, or the
Illinois Parentage Act of | ||
1984.
| ||
(b) The Illinois Department shall provide by rule for | ||
notice to and an
opportunity to be heard by each responsible | ||
relative affected, and any final
administrative decision | ||
rendered by the Illinois Department shall be reviewed
only | ||
under
and in accordance with the Administrative Review Law.
| ||
(c) When enforcing a lien under subsection (a) of this | ||
Section, the
Illinois Department shall have the authority to |
execute notices of
administrative liens and levies, which shall | ||
contain the name and address of
the responsible relative, a | ||
legal description of the real property
to be levied, the fact | ||
that a lien
is being claimed for past-due child support, and | ||
such other information as the
Illinois Department may by rule | ||
prescribe. The Illinois Department shall
record the notice of | ||
lien with the recorder or registrar of titles of
the county or | ||
counties in which the real estate is located.
| ||
(d) The State's lien under subsection (a) shall be
| ||
enforceable upon the recording or filing of a notice of lien | ||
with the recorder
or registrar of titles of the county or | ||
counties in which the real estate is
located. The lien shall be | ||
prior to any lien thereafter recorded or filed and
shall be | ||
notice to a subsequent purchaser, assignor, or encumbrancer of | ||
the
existence and nature of the lien. The lien shall be | ||
inferior to the lien of
general taxes, special assessment, and | ||
special taxes heretofore or hereafter
levied by any political | ||
subdivision or municipal corporation of the State.
| ||
In the event that title to the land to be affected by the | ||
notice of lien is
registered under the Registered Titles | ||
(Torrens) Act, the notice shall be filed
in the office of the | ||
registrar of titles as a memorial or charge upon each
folium of | ||
the register of titles affected by the notice; but the State | ||
shall
not have a preference over the rights of any bona fide | ||
purchaser, mortgagee,
judgment creditor, or other lien holders | ||
registered prior to the registration
of the notice.
|
(e) The recorder or registrar of titles of each county | ||
shall procure
a file labeled "Child Support Lien Notices" and | ||
an index book labeled "Child
Support Lien Notices". When notice | ||
of any lien is presented to the recorder or
registrar of titles | ||
for filing,
the recorder or registrar of titles shall file it | ||
in numerical order in the
file and shall enter it
| ||
alphabetically in the index. The entry shall show the name and | ||
last known
address of the person named in the notice, the | ||
serial number of the notice, the
date and hour of filing, and | ||
the amount of child support due at the time when
the lien is | ||
filed.
| ||
(f) The Illinois Department shall not be required to | ||
furnish bond or make a
deposit for or pay any costs or fees of | ||
any court or officer thereof in any
legal proceeding involving | ||
the lien.
| ||
(g) To protect the lien of the State for past-due child | ||
support, the
Illinois Department may, from funds that are | ||
available for that purpose, pay
or provide for the payment of | ||
necessary or essential repairs, purchase tax
certificates, pay | ||
balances due on land contracts, or pay or cause to be
satisfied | ||
any prior liens on the property to which the lien hereunder | ||
applies.
| ||
(h) A lien on real property under this Section shall be | ||
released
pursuant
to Section 12-101 of the Code of Civil | ||
Procedure.
| ||
(i) The Illinois Department, acting in behalf of the
State, |
may foreclose the lien in a judicial proceeding to the same | ||
extent and
in the same manner as in the enforcement of other | ||
liens. The process,
practice, and procedure for the foreclosure | ||
shall be the same as provided in
the Code of Civil Procedure.
| ||
(Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)
| ||
(305 ILCS 5/10-25.5)
| ||
Sec. 10-25.5.
Administrative liens and levies on personal | ||
property for
past-due child support.
| ||
(a) Notwithstanding any other State or local law to the | ||
contrary, the The State shall have a lien on all legal and | ||
equitable interests of
responsible relatives in their personal | ||
property, including any account in a
financial institution as | ||
defined
in Section 10-24, or in the case of an insurance | ||
company or benefit association
only in accounts as defined in | ||
Section 10-24, in the amount of past-due child
support owing | ||
pursuant to an order
for child support entered under Sections | ||
10-10 and 10-11 of this Code, or under
the Illinois Marriage | ||
and Dissolution of Marriage Act, the Non-Support of
Spouse and | ||
Children Act, the Non-Support Punishment Act, the Uniform
| ||
Interstate Family Support Act, or the
Illinois Parentage Act of | ||
1984.
| ||
(b) The Illinois Department shall provide by rule for | ||
notice to and an
opportunity to be heard by each responsible | ||
relative affected, and any final
administrative decision | ||
rendered by the Illinois Department shall be reviewed
only |
under
and in accordance with the Administrative Review Law.
| ||
(c) When enforcing a lien under subsection (a) of this | ||
Section, the
Illinois Department shall have the authority to | ||
execute notices of
administrative liens and levies, which shall | ||
contain the name and address of
the responsible relative, a | ||
description of the property
to be levied, the fact that a lien
| ||
is being claimed for past-due child support, and such other | ||
information as the
Illinois Department may by rule prescribe. | ||
The Illinois Department may
serve the notice of lien or levy | ||
upon any financial institution where
the accounts as defined in | ||
Section 10-24 of the responsible relative may be
held, for | ||
encumbrance or surrender of the accounts as defined in Section | ||
10-24
by the financial institution.
| ||
(d) The Illinois Department shall enforce its lien against | ||
the responsible
relative's personal property, other than | ||
accounts as defined in Section 10-24
in financial institutions,
| ||
and
levy upon such personal property in the manner provided for | ||
enforcement of
judgments contained in Article XII of the Code | ||
of Civil Procedure.
| ||
(e) The Illinois Department shall not be required to | ||
furnish bond or make a
deposit for or pay any costs or fees of | ||
any court or officer thereof in any
legal proceeding involving | ||
the lien.
| ||
(f) To protect the lien of the State for past-due child | ||
support, the
Illinois Department may, from funds that are | ||
available for that purpose, pay
or provide for the payment of |
necessary or essential repairs, purchase tax
certificates, or | ||
pay or cause to be
satisfied any prior liens on the property to | ||
which the lien hereunder applies.
| ||
(g) A lien on personal property under this Section shall be | ||
released
in the manner provided under Article XII
of the Code | ||
of Civil Procedure.
Notwithstanding the foregoing, a lien under | ||
this Section on accounts as defined
in Section 10-24 shall | ||
expire upon the passage of 120 days from the date of
issuance | ||
of the Notice of Lien or Levy by the Illinois Department. | ||
However,
the lien
shall remain in effect during the pendency of | ||
any appeal or protest.
| ||
(h) A lien created under this Section is subordinate to any | ||
prior lien of
the financial institution or any prior lien | ||
holder or any prior right of
set-off that the financial | ||
institution may have against the assets, or in the
case of an | ||
insurance company or benefit association only in the accounts | ||
as
defined in Section 10-24.
| ||
(i) A financial institution has no obligation under this | ||
Section to hold,
encumber, or surrender the assets, or in the | ||
case of an insurance company or
benefit association only the | ||
accounts as defined in Section 10-24, until the
financial
| ||
institution has been properly served with a subpoena, summons, | ||
warrant,
court or administrative order, or administrative lien | ||
and levy requiring that
action.
| ||
(Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)
|
Section 10. The Illinois Marriage and Dissolution of | ||
Marriage Act is amended by changing Sections 504 and 505 as | ||
follows:
| ||
(750 ILCS 5/504) (from Ch. 40, par. 504)
| ||
Sec. 504. Maintenance.
| ||
(a) In a proceeding for dissolution of marriage or legal | ||
separation or
declaration of invalidity of marriage, or a | ||
proceeding for maintenance
following dissolution of the | ||
marriage by a court which lacked personal
jurisdiction over the | ||
absent spouse, the court may grant a temporary or
permanent | ||
maintenance award for either spouse in amounts and for periods | ||
of
time as the court deems just, without regard to marital | ||
misconduct, in
gross or for fixed or indefinite periods of | ||
time, and the maintenance may
be paid from the income or | ||
property of the other spouse after consideration
of all | ||
relevant factors, including:
| ||
(1) the income and property of each party, including | ||
marital property
apportioned and non-marital property | ||
assigned to the party seeking maintenance;
| ||
(2) the needs of each party;
| ||
(3) the present and future earning capacity of each | ||
party;
| ||
(4) any impairment of the present and future earning | ||
capacity of the
party seeking maintenance due to that party | ||
devoting time to domestic
duties or having forgone or |
delayed education, training,
employment, or
career | ||
opportunities due to the marriage;
| ||
(5) the time necessary to enable the party seeking | ||
maintenance to
acquire appropriate education, training, | ||
and employment, and whether that
party is able to support | ||
himself or herself through appropriate employment
or is the | ||
custodian of a child making it appropriate that the | ||
custodian not
seek employment;
| ||
(6) the standard of living established during the | ||
marriage;
| ||
(7) the duration of the marriage;
| ||
(8) the age and the physical and emotional condition of
| ||
both parties;
| ||
(9) the tax consequences of the property division upon | ||
the respective
economic circumstances of the parties;
| ||
(10) contributions and services by the party seeking | ||
maintenance to
the education, training, career or career | ||
potential, or license of the
other spouse;
| ||
(11) any valid agreement of the parties; and
| ||
(12) any other factor that the court expressly finds to | ||
be just and
equitable.
| ||
(b) (Blank).
| ||
(b-5) Any maintenance obligation including any unallocated | ||
maintenance and child support obligation, or any portion of any | ||
support obligation, that becomes due and remains unpaid shall | ||
accrue simple interest as set forth in Section 505 of this Act.
|
(b-7) Any new or existing maintenance order including any | ||
unallocated maintenance and child support order entered by the | ||
court under this Section shall be deemed to be a series of | ||
judgments against the person obligated to pay support | ||
thereunder. Each such judgment to be in the amount of each | ||
payment or installment of support and each such judgment to be | ||
deemed entered as of the date the corresponding payment or | ||
installment becomes due under the terms of the support order, | ||
except no judgment shall arise as to any installment coming due | ||
after the termination of maintenance as provided by Section 510 | ||
of the Illinois Marriage and Dissolution of Marriage Act or the | ||
provisions of any order for maintenance. Each such judgment | ||
shall have the full force, effect and attributes of any other | ||
judgment of this State, including the ability to be enforced. | ||
Notwithstanding any other State or local law to the contrary, a | ||
A lien arises by operation of law against the real and personal | ||
property of the obligor for each installment of overdue support | ||
owed by the obligor. | ||
(c) The court may grant and enforce the payment of | ||
maintenance during
the pendency of an appeal as the court shall | ||
deem reasonable and proper.
| ||
(d) No maintenance shall accrue during the period in which | ||
a party is
imprisoned for failure to comply with the court's | ||
order for the payment of
such maintenance.
| ||
(e) When maintenance is to be paid through the clerk of the | ||
court in a
county of 1,000,000 inhabitants or less, the order |
shall direct the obligor
to pay to the clerk, in addition to | ||
the maintenance payments, all fees
imposed by the county board | ||
under paragraph (3) of subsection (u) of
Section 27.1 of the | ||
Clerks of Courts Act. Unless paid in cash or pursuant
to an | ||
order for withholding, the payment of the fee shall be by a | ||
separate
instrument from the support payment and shall be made | ||
to the order of
the Clerk.
| ||
(Source: P.A. 94-89, eff. 1-1-06.)
| ||
(750 ILCS 5/505) (from Ch. 40, par. 505)
| ||
Sec. 505. Child support; contempt; penalties.
| ||
(a) In a proceeding for dissolution of marriage, legal | ||
separation,
declaration of invalidity of marriage, a | ||
proceeding for child support
following dissolution of the | ||
marriage by a court which lacked personal
jurisdiction over the | ||
absent spouse, a proceeding for modification of a
previous | ||
order for child support under Section 510 of this Act, or any
| ||
proceeding authorized under Section 501 or 601 of this Act, the | ||
court may
order either or both parents owing a duty of support | ||
to a child of the
marriage to pay an amount reasonable and | ||
necessary for his support, without
regard to marital | ||
misconduct. The duty of support owed to a child
includes the | ||
obligation to provide for the reasonable and necessary
| ||
physical, mental and emotional health needs of the child.
For | ||
purposes of this Section, the term "child" shall include any | ||
child under
age 18 and
any child under age 19 who is still |
attending high school.
| ||||||||||||||||||
(1) The Court shall determine the minimum amount of | ||||||||||||||||||
support by using the
following guidelines:
| ||||||||||||||||||
| ||||||||||||||||||
(2) The above guidelines shall be applied in each case | ||||||||||||||||||
unless the court
makes a finding that application of the | ||||||||||||||||||
guidelines would be
inappropriate, after considering the | ||||||||||||||||||
best interests of the child in light of
evidence including | ||||||||||||||||||
but not limited to one or more of the following relevant
| ||||||||||||||||||
factors:
| ||||||||||||||||||
(a) the financial resources and needs of the child;
| ||||||||||||||||||
(b) the financial resources and needs of the | ||||||||||||||||||
custodial parent;
| ||||||||||||||||||
(c) the standard of living the child would have | ||||||||||||||||||
enjoyed had the
marriage not been dissolved;
| ||||||||||||||||||
(d) the physical and emotional condition of the | ||||||||||||||||||
child, and his
educational needs; and
| ||||||||||||||||||
(e) the financial resources and needs of the | ||||||||||||||||||
non-custodial parent.
|
If the court deviates from the guidelines, the court's | ||
finding
shall state the amount of support that would have | ||
been required under the
guidelines, if determinable. The | ||
court shall include the reason or reasons for
the variance | ||
from the
guidelines.
| ||
(3) "Net income" is defined as the total of all income | ||
from all
sources, minus the following deductions:
| ||
(a) Federal income tax (properly calculated | ||
withholding or estimated
payments);
| ||
(b) State income tax (properly calculated | ||
withholding or estimated
payments);
| ||
(c) Social Security (FICA payments);
| ||
(d) Mandatory retirement contributions required by | ||
law or as a
condition of employment;
| ||
(e) Union dues;
| ||
(f) Dependent and individual | ||
health/hospitalization insurance premiums;
| ||
(g) Prior obligations of support or maintenance | ||
actually paid pursuant
to a court order;
| ||
(h) Expenditures for repayment of debts that | ||
represent reasonable and
necessary expenses for the | ||
production of income, medical expenditures
necessary | ||
to preserve life or health, reasonable expenditures | ||
for the
benefit of the child and the other parent, | ||
exclusive of gifts. The court
shall reduce net income | ||
in determining the minimum amount of support to be
|
ordered only for the period that such payments are due | ||
and shall enter an
order containing provisions for its | ||
self-executing modification upon
termination of such | ||
payment period;
| ||
(i) Foster care payments paid by the Department of | ||
Children and Family Services for providing licensed | ||
foster care to a foster child.
| ||
(4) In cases where the court order provides for
| ||
health/hospitalization insurance coverage pursuant to | ||
Section 505.2 of
this Act, the premiums for that insurance, | ||
or that portion of the premiums
for which the supporting | ||
party is responsible in the case of insurance
provided | ||
through an employer's health insurance plan where
the | ||
employer pays a portion of the premiums, shall be | ||
subtracted
from net income in determining the minimum | ||
amount of support to be ordered.
| ||
(4.5) In a proceeding for child support following | ||
dissolution of the
marriage by a court that lacked personal | ||
jurisdiction over the absent spouse,
and in which the court | ||
is requiring payment of support for the period before
the | ||
date an order for current support is entered, there is a | ||
rebuttable
presumption
that the supporting party's net | ||
income for the prior period was the same as his
or her net | ||
income at the time the order for current support is | ||
entered.
| ||
(5) If the net income cannot be determined because of |
default or any
other reason, the court shall order support | ||
in an amount considered
reasonable in the particular case. | ||
The final order in all cases shall
state the support level | ||
in dollar amounts.
However, if the
court finds that the | ||
child support amount cannot be expressed exclusively as a
| ||
dollar amount because all or a portion of the payor's net | ||
income is uncertain
as to source, time of payment, or | ||
amount, the court may order a percentage
amount of support | ||
in addition to a specific dollar amount and enter
such | ||
other orders as may be necessary to determine and enforce, | ||
on a timely
basis, the applicable support ordered.
| ||
(6) If (i) the non-custodial parent was properly served | ||
with a request
for
discovery of financial information | ||
relating to the non-custodial parent's
ability to
provide | ||
child support, (ii) the non-custodial parent failed to | ||
comply with the
request,
despite having been ordered to do | ||
so by the court, and (iii) the non-custodial
parent is not | ||
present at the hearing to determine support despite having
| ||
received
proper notice, then any relevant financial | ||
information concerning the
non-custodial parent's ability | ||
to provide child support that was obtained
pursuant to
| ||
subpoena and proper notice shall be admitted into evidence | ||
without the need to
establish any further foundation for | ||
its admission.
| ||
(a-5) In an action to enforce an order for support based on | ||
the
respondent's failure
to make support payments as required |
by the order, notice of proceedings to
hold the respondent in | ||
contempt for that failure may be served on the
respondent by | ||
personal service or by regular mail addressed to the | ||
respondent's
last known address. The respondent's last known | ||
address may be determined from
records of the clerk of the | ||
court, from the Federal Case Registry of Child
Support Orders, | ||
or by any other reasonable means.
| ||
(b) Failure of either parent to comply with an order to pay | ||
support shall
be punishable as in other cases of contempt. In | ||
addition to other
penalties provided by law the Court may, | ||
after finding the parent guilty
of contempt, order that the | ||
parent be:
| ||
(1) placed on probation with such conditions of | ||
probation as the Court
deems advisable;
| ||
(2) sentenced to periodic imprisonment for a period not | ||
to exceed 6
months; provided, however, that the Court may | ||
permit the parent to be
released for periods of time during | ||
the day or night to:
| ||
(A) work; or
| ||
(B) conduct a business or other self-employed | ||
occupation.
| ||
The Court may further order any part or all of the earnings | ||
of a parent
during a sentence of periodic imprisonment paid to | ||
the Clerk of the Circuit
Court or to the parent having custody | ||
or to the guardian having custody
of the children of the | ||
sentenced parent for the support of said
children until further |
order of the Court.
| ||
If there is a unity of interest and ownership sufficient to | ||
render no
financial separation between a non-custodial parent | ||
and another person or
persons or business entity, the court may | ||
pierce the ownership veil of the
person, persons, or business | ||
entity to discover assets of the non-custodial
parent held in | ||
the name of that person, those persons, or that business | ||
entity.
The following circumstances are sufficient to | ||
authorize a court to order
discovery of the assets of a person, | ||
persons, or business entity and to compel
the application of | ||
any discovered assets toward payment on the judgment for
| ||
support:
| ||
(1) the non-custodial parent and the person, persons, | ||
or business entity
maintain records together.
| ||
(2) the non-custodial parent and the person, persons, | ||
or business entity
fail to maintain an arms length | ||
relationship between themselves with regard to
any assets.
| ||
(3) the non-custodial parent transfers assets to the | ||
person, persons,
or business entity with the intent to | ||
perpetrate a fraud on the custodial
parent.
| ||
With respect to assets which
are real property, no order | ||
entered under this paragraph shall affect the
rights of bona | ||
fide purchasers, mortgagees, judgment creditors, or other lien
| ||
holders who acquire their interests in the property prior to | ||
the time a notice
of lis pendens pursuant to the Code of Civil | ||
Procedure or a copy of the order
is placed of record in the |
office of the recorder of deeds for the county in
which the | ||
real property is located.
| ||
The court may also order in cases where the parent is 90 | ||
days or more
delinquent in payment of support or has been | ||
adjudicated in arrears in an
amount equal to 90 days obligation | ||
or more, that the parent's Illinois driving
privileges be | ||
suspended until the court
determines that the parent is in | ||
compliance with the order of support.
The court may also order | ||
that the parent be issued a family financial
responsibility | ||
driving permit that would allow limited driving privileges for
| ||
employment and medical purposes in accordance with Section | ||
7-702.1 of the
Illinois Vehicle Code. The clerk of the circuit | ||
court shall certify the order
suspending the driving privileges | ||
of the parent or granting the issuance of a
family financial | ||
responsibility driving permit to the Secretary of State on
| ||
forms prescribed by the Secretary. Upon receipt of the | ||
authenticated
documents, the Secretary of State shall suspend | ||
the parent's driving privileges
until further order of the | ||
court and shall, if ordered by the court, subject to
the | ||
provisions of Section 7-702.1 of the Illinois Vehicle Code, | ||
issue a family
financial responsibility driving permit to the | ||
parent.
| ||
In addition to the penalties or punishment that may be | ||
imposed under this
Section, any person whose conduct | ||
constitutes a violation of Section 15 of the
Non-Support | ||
Punishment Act may be prosecuted under that Act, and a person
|
convicted under that Act may be sentenced in accordance with | ||
that Act. The
sentence may include but need not be limited to a | ||
requirement that the person
perform community service under | ||
Section 50 of that Act or participate in a work
alternative | ||
program under Section 50 of that Act. A person may not be | ||
required
to participate in a work alternative program under | ||
Section 50 of that Act if
the person is currently participating | ||
in a work program pursuant to Section
505.1 of this Act.
| ||
A support obligation, or any portion of a support | ||
obligation, which becomes
due and remains unpaid as of the end | ||
of each month, excluding the child support that was due for | ||
that month to the extent that it was not paid in that month, | ||
shall accrue simple interest as set forth in Section 12-109 of | ||
the Code of Civil Procedure.
An order for support entered or | ||
modified on or after January 1, 2006 shall
contain a statement | ||
that a support obligation required under the order, or any
| ||
portion of a support obligation required under the order, that | ||
becomes due and
remains unpaid as of the end of each month, | ||
excluding the child support that was due for that month to the | ||
extent that it was not paid in that month, shall accrue simple | ||
interest as set forth in Section 12-109 of the Code of Civil | ||
Procedure. Failure to include the statement in the order for | ||
support does
not affect the validity of the order or the | ||
accrual of interest as provided in
this Section.
| ||
(c) A one-time charge of 20% is imposable upon the amount | ||
of
past-due child support owed on July 1, 1988 which has |
accrued under a
support order entered by the court. The charge | ||
shall be imposed in
accordance with the provisions of Section | ||
10-21 of the Illinois Public Aid
Code and shall be enforced by | ||
the court upon petition.
| ||
(d) Any new or existing support order entered by the court
| ||
under this Section shall be deemed to be a series of judgments | ||
against the
person obligated to pay support thereunder, each | ||
such judgment to be in the
amount of each payment or | ||
installment of support and each such judgment to
be deemed | ||
entered as of the date the corresponding payment or installment
| ||
becomes due under the terms of the support order. Each such | ||
judgment shall
have the full force, effect and attributes of | ||
any other judgment of this
State, including the ability to be | ||
enforced.
Notwithstanding any other State or local law to the | ||
contrary, a A lien arises by operation of law against the real | ||
and personal property of
the noncustodial parent for each | ||
installment of overdue support owed by the
noncustodial parent.
| ||
(e) When child support is to be paid through the clerk of | ||
the court in a
county of 1,000,000 inhabitants or less, the | ||
order shall direct the obligor
to pay to the clerk, in addition | ||
to the child support payments, all fees
imposed by the county | ||
board under paragraph (3) of subsection (u) of
Section 27.1 of | ||
the Clerks of Courts Act. Unless paid in cash or pursuant to
an | ||
order for withholding, the payment of the fee shall be by a | ||
separate
instrument from the support payment and shall be made | ||
to the order of the
Clerk.
|
(f) All orders for support, when entered or
modified, shall | ||
include a provision requiring the obligor to notify
the court | ||
and, in cases in which a party is receiving child and spouse
| ||
services under Article X of the Illinois Public Aid Code, the
| ||
Department of Healthcare and Family Services, within 7 days, | ||
(i) of the name and address
of any new employer of the obligor, | ||
(ii) whether the obligor has access to
health insurance | ||
coverage through the employer or other group coverage and,
if | ||
so, the policy name and number and the names of persons covered | ||
under
the policy, and (iii) of any new residential or mailing | ||
address or telephone
number of the non-custodial parent. In any | ||
subsequent action to enforce a
support order, upon a sufficient | ||
showing that a diligent effort has been made
to ascertain the | ||
location of the non-custodial parent, service of process or
| ||
provision of notice necessary in the case may be made at the | ||
last known
address of the non-custodial parent in any manner | ||
expressly provided by the
Code of Civil Procedure or this Act, | ||
which service shall be sufficient for
purposes of due process.
| ||
(g) An order for support shall include a date on which the | ||
current
support obligation terminates. The termination date | ||
shall be no earlier than
the date on which the child covered by | ||
the order will attain the age of
18. However, if the child will | ||
not graduate from high school until after
attaining the age of | ||
18, then the termination date shall be no earlier than the
| ||
earlier of the date on which the child's high school graduation | ||
will occur or
the date on which the child will attain the age |
of 19. The order for support
shall state that the termination | ||
date does not apply to any arrearage that may
remain unpaid on | ||
that date. Nothing in this subsection shall be construed to
| ||
prevent the court from modifying the order or terminating the | ||
order in the
event the child is otherwise emancipated.
| ||
(g-5) If there is an unpaid arrearage or delinquency (as | ||
those terms are defined in the Income Withholding for Support | ||
Act) equal to at least one month's support obligation on the | ||
termination date stated in the order for support or, if there | ||
is no termination date stated in the order, on the date the | ||
child attains the age of majority or is otherwise emancipated, | ||
the periodic amount required to be paid for current support of | ||
that child immediately prior to that date shall automatically | ||
continue to be an obligation, not as current support but as | ||
periodic payment toward satisfaction of the unpaid arrearage or | ||
delinquency. That periodic payment shall be in addition to any | ||
periodic payment previously required for satisfaction of the | ||
arrearage or delinquency. The total periodic amount to be paid | ||
toward satisfaction of the arrearage or delinquency may be | ||
enforced and collected by any method provided by law for | ||
enforcement and collection of child support, including but not | ||
limited to income withholding under the Income Withholding for | ||
Support Act. Each order for support entered or modified on or | ||
after the effective date of this amendatory Act of the 93rd | ||
General Assembly must contain a statement notifying the parties | ||
of the requirements of this subsection. Failure to include the |
statement in the order for support does not affect the validity | ||
of the order or the operation of the provisions of this | ||
subsection with regard to the order. This subsection shall not | ||
be construed to prevent or affect the establishment or | ||
modification of an order for support of a minor child or the | ||
establishment or modification of an order for support of a | ||
non-minor child or educational expenses under Section 513 of | ||
this Act.
| ||
(h) An order entered under this Section shall include a | ||
provision requiring
the obligor to report to the obligee and to | ||
the clerk of court within 10 days
each time the obligor obtains | ||
new employment, and each time the obligor's
employment is | ||
terminated for any reason. The report shall be in writing and
| ||
shall, in the case of new employment, include the name and | ||
address of the new
employer. Failure to report new employment | ||
or the termination of current
employment, if coupled with | ||
nonpayment of support for a period in excess of 60
days, is | ||
indirect criminal contempt. For any obligor arrested for | ||
failure to
report new employment bond shall be set in the | ||
amount of the child support that
should have been paid during | ||
the period of unreported employment. An order
entered under | ||
this Section shall also include a provision requiring the | ||
obligor
and obligee parents to advise each other of a change in | ||
residence within 5 days
of the change except when the court | ||
finds that the physical, mental, or
emotional health of a party | ||
or that of a child, or both, would be
seriously endangered by |
disclosure of the party's address.
| ||
(i) The court does not lose the powers of contempt, | ||
driver's license
suspension, or other child support | ||
enforcement mechanisms, including, but
not limited to, | ||
criminal prosecution as set forth in this Act, upon the
| ||
emancipation of the minor child or children.
| ||
(Source: P.A. 95-331, eff. 8-21-07; 96-1134, eff. 7-21-10.)
| ||
Section 15. The Non-Support Punishment Act is amended by | ||
changing Section 20 as follows:
| ||
(750 ILCS 16/20)
| ||
Sec. 20. Entry of order for support; income withholding.
| ||
(a) In a case in which no court or administrative order for | ||
support is in
effect against the defendant:
| ||
(1) at any time before the trial, upon motion of the | ||
State's Attorney, or
of the Attorney General if the action | ||
has been instituted by his office, and
upon notice to the | ||
defendant, or at the time of arraignment or as a condition
| ||
of postponement of arraignment, the court may enter such | ||
temporary order for
support as may seem just, providing for | ||
the support or maintenance of the
spouse or child or | ||
children of the defendant, or both, pendente lite; or
| ||
(2) before trial with the consent of the defendant, or | ||
at the trial on
entry of a plea of guilty, or after | ||
conviction, instead of imposing the penalty
provided in |
this Act, or in addition thereto, the court may enter an | ||
order for
support, subject to modification by the court | ||
from time to time as
circumstances may require, directing | ||
the defendant to pay a certain sum for
maintenance of the | ||
spouse, or for support of the child or children, or both.
| ||
(b) The court shall determine the amount of child support | ||
by using the
guidelines and standards set forth in subsection | ||
(a) of Section 505 and in
Section 505.2 of the Illinois | ||
Marriage and Dissolution of Marriage Act.
| ||
If (i) the non-custodial parent was properly served with a | ||
request for
discovery of financial information relating to the | ||
non-custodial parent's
ability to provide child support, (ii) | ||
the non-custodial parent failed to
comply with the request, | ||
despite having been ordered to do so by the court,
and (iii) | ||
the non-custodial parent is not present at the hearing to | ||
determine
support despite having received proper notice, then | ||
any relevant financial
information concerning the | ||
non-custodial parent's ability to provide support
that was | ||
obtained pursuant to subpoena and proper notice shall be | ||
admitted
into evidence without the need to establish any | ||
further foundation for its
admission.
| ||
(c) The court shall determine the amount of maintenance | ||
using the standards
set forth in Section 504 of the Illinois | ||
Marriage and Dissolution of Marriage
Act.
| ||
(d) The court may, for violation of any order under this | ||
Section, punish the
offender as for a contempt of court, but no |
pendente lite order shall remain in
effect longer than 4 | ||
months, or after the discharge of any panel of jurors
summoned | ||
for service thereafter in such court, whichever is sooner.
| ||
(e) Any order for support entered by the court under this | ||
Section shall be
deemed to be a series of judgments against the | ||
person obligated to pay support
under the judgments, each such | ||
judgment to be in the amount of each payment or
installment of | ||
support and each judgment to be deemed entered as of the date
| ||
the corresponding payment or installment becomes due under the | ||
terms of the
support order. Each judgment shall have the full | ||
force, effect, and attributes
of any other judgment of this | ||
State, including the ability to be enforced.
Each judgment is | ||
subject to modification or termination only in accordance with
| ||
Section 510 of the Illinois Marriage and Dissolution of | ||
Marriage Act. Notwithstanding any other State or local law to | ||
the contrary, a A lien
arises by operation of law against the | ||
real and personal property of the
noncustodial parent for each | ||
installment of overdue support owed by the
noncustodial parent.
| ||
(f) An order for support entered under this Section shall | ||
include a
provision requiring the obligor to report to the | ||
obligee and to the clerk of
the court within 10 days each time | ||
the obligor obtains new employment, and each
time the obligor's | ||
employment is terminated for any reason. The report shall
be in | ||
writing and shall, in the case of new employment, include the | ||
name and
address of the new employer.
| ||
Failure to report new employment or the termination of |
current employment,
if coupled with nonpayment of support for a | ||
period in excess of 60 days, is
indirect criminal contempt. For | ||
any obligor arrested for failure to report new
employment, bond | ||
shall be set in the amount of the child support that should
| ||
have been paid during the period of unreported
employment.
| ||
An order for support entered under this Section shall also | ||
include a
provision requiring the obligor and obligee parents | ||
to advise each other of a
change in residence within 5 days of | ||
the change except when the court finds
that the physical, | ||
mental, or emotional health of a party or of a minor child,
or | ||
both, would be seriously endangered by disclosure of the | ||
party's address.
| ||
(g) An order for support entered or modified in a case in | ||
which a party is
receiving child support enforcement services | ||
under Article X of the Illinois
Public Aid Code shall include a | ||
provision requiring the noncustodial parent to
notify the | ||
Department of Healthcare and Family Services, within 7 days, of | ||
the name and
address of any new employer of the noncustodial | ||
parent, whether the
noncustodial parent has access to health | ||
insurance coverage through the
employer or other group coverage | ||
and, if so, the policy name and number
and the names of persons | ||
covered under the policy.
| ||
(h) In any subsequent action to enforce an order for | ||
support entered under
this Act, upon sufficient showing that | ||
diligent effort has been made to
ascertain the location of the | ||
noncustodial parent, service of process or
provision of notice |
necessary in that action may be made at the last known
address | ||
of the noncustodial parent, in any manner expressly provided by | ||
the
Code of Civil Procedure or in this Act, which service shall | ||
be sufficient for
purposes of due process.
| ||
(i) An order for support shall include a date on which the | ||
current support
obligation terminates. The termination date | ||
shall be no earlier than the date
on which the child covered by | ||
the order will attain the age of 18. However, if
the child will | ||
not graduate from high school until after attaining the age of
| ||
18, then the termination date shall be no earlier than the | ||
earlier of the date
on which the child's high school graduation | ||
will occur or the date on which the
child will attain the age | ||
of 19. The order for support shall state that the
termination | ||
date does not apply to any arrearage that may remain unpaid on | ||
that
date. Nothing in this subsection shall be construed to | ||
prevent the court from
modifying the order or terminating the | ||
order in the event the child is
otherwise emancipated.
| ||
(i-5) If there is an unpaid arrearage or delinquency (as | ||
those terms are defined in the Income Withholding for Support | ||
Act) equal to at least one month's support obligation on the | ||
termination date stated in the order for support or, if there | ||
is no termination date stated in the order, on the date the | ||
child attains the age of majority or is otherwise emancipated, | ||
the periodic amount required to be paid for current support of | ||
that child immediately prior to that date shall automatically | ||
continue to be an obligation, not as current support but as |
periodic payment toward satisfaction of the unpaid arrearage or | ||
delinquency. That periodic payment shall be in addition to any | ||
periodic payment previously required for satisfaction of the | ||
arrearage or delinquency. The total periodic amount to be paid | ||
toward satisfaction of the arrearage or delinquency may be | ||
enforced and collected by any method provided by law for | ||
enforcement and collection of child support, including but not | ||
limited to income withholding under the Income Withholding for | ||
Support Act. Each order for support entered or modified on or | ||
after the effective date of this amendatory Act of the 93rd | ||
General Assembly must contain a statement notifying the parties | ||
of the requirements of this subsection. Failure to include the | ||
statement in the order for support does not affect the validity | ||
of the order or the operation of the provisions of this | ||
subsection with regard to the order. This subsection shall not | ||
be construed to prevent or affect the establishment or | ||
modification of an order for support of a minor child or the | ||
establishment or modification of an order for support of a | ||
non-minor child or educational expenses under Section 513 of | ||
the Illinois Marriage and Dissolution of Marriage Act.
| ||
(j) A support obligation, or any portion of a support | ||
obligation, which
becomes due and remains unpaid as of the end | ||
of each month, excluding the child support that was due for | ||
that month to the extent that it was not paid in that month, | ||
shall accrue simple interest
as set forth in Section 12-109 of | ||
the Code of Civil Procedure.
An order for support entered or |
modified on or after January 1, 2006 shall
contain a statement | ||
that a support obligation required under the order, or any
| ||
portion of a support obligation required under the order, that | ||
becomes due and
remains unpaid as of the end of each month, | ||
excluding the child support that was due for that month to the | ||
extent that it was not paid in that month, shall accrue simple | ||
interest as set forth in Section 12-109 of the Code of Civil | ||
Procedure. Failure to include the statement in the order for | ||
support does
not affect the validity of the order or the | ||
accrual of interest as provided in
this Section.
| ||
(Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07.)
| ||
Section 20. The Illinois Parentage Act of 1984 is amended | ||
by changing Sections 13.1 and 14 as follows:
| ||
(750 ILCS 45/13.1)
| ||
Sec. 13.1. Temporary order for child support. | ||
Notwithstanding any other
law to the contrary, pending the | ||
outcome of a
judicial determination of parentage, the court | ||
shall issue a temporary order
for child support, upon motion by | ||
a party and a showing of clear and convincing
evidence of | ||
paternity. In determining the amount of the temporary child
| ||
support award, the court shall use the guidelines and standards | ||
set forth in
subsection (a) of Section 505 and in Section 505.2 | ||
of the Illinois Marriage and
Dissolution of Marriage Act.
| ||
Any new or existing support order entered by the court |
under this Section
shall be deemed to be a series of judgments | ||
against the person obligated to pay
support
thereunder, each | ||
such judgment to be in the amount of each payment or
| ||
installment of support and each judgment to be deemed entered | ||
as of the date
the corresponding payment or installment becomes | ||
due under the terms of the
support order. Each such judgment | ||
shall have the full
force, effect, and attributes of any other | ||
judgment of this State, including
the ability to be enforced. | ||
Any such judgment is subject to modification or
termination | ||
only in accordance with Section 510 of the Illinois Marriage | ||
and
Dissolution of Marriage Act.
Notwithstanding any other | ||
State or local law to the contrary, a A lien arises by | ||
operation of law against the real and personal property of the
| ||
noncustodial parent for each
installment of overdue support | ||
owed by the noncustodial parent.
| ||
All orders for support, when entered or modified, shall | ||
include a provision
requiring the non-custodial parent to | ||
notify the court, and in cases in which a
party is receiving | ||
child support enforcement services under
Article X of the
| ||
Illinois Public Aid Code, the Department of Healthcare and | ||
Family Services, within 7 days,
(i) of the
name, address, and | ||
telephone number of any new employer of the non-custodial
| ||
parent, (ii) whether the non-custodial parent has access to | ||
health
insurance coverage through the employer or other group | ||
coverage, and, if so,
the policy name and number and the names | ||
of persons covered under the policy,
and (iii) of any new |
residential or mailing address or telephone number
of the | ||
non-custodial parent.
| ||
In any subsequent action to enforce a support order, upon | ||
sufficient showing
that diligent effort has been made to | ||
ascertain the location of the
non-custodial parent, service of | ||
process or provision of notice necessary in
that action may be | ||
made at the last known address of the non-custodial parent,
in | ||
any manner expressly provided by the Code of Civil Procedure or | ||
in this Act,
which service shall be sufficient for purposes of | ||
due process.
| ||
An order for support shall include a date on which the | ||
current support
obligation terminates. The termination date | ||
shall be no earlier than the date
on which the child covered by | ||
the order will attain the age of majority or is
otherwise | ||
emancipated. The
order for support shall state that the | ||
termination date does not apply to any
arrearage that may | ||
remain unpaid on that date. Nothing in this paragraph
shall be | ||
construed to prevent the court from modifying the order.
| ||
If there is an unpaid arrearage or delinquency (as those | ||
terms are defined in the Income Withholding for Support Act) | ||
equal to at least one month's support obligation on the | ||
termination date stated in the order for support or, if there | ||
is no termination date stated in the order, on the date the | ||
child attains the age of majority or is otherwise emancipated, | ||
then the periodic amount required to be paid for current | ||
support of that child immediately prior to that date shall |
automatically continue to be an obligation, not as current | ||
support but as periodic payment toward satisfaction of the | ||
unpaid arrearage or delinquency. That periodic payment shall be | ||
in addition to any periodic payment previously required for | ||
satisfaction of the arrearage or delinquency. The total | ||
periodic amount to be paid toward satisfaction of the arrearage | ||
or delinquency may be enforced and collected by any method | ||
provided by law for the enforcement and collection of child | ||
support, including but not limited to income withholding under | ||
the Income Withholding for Support Act. Each order for support | ||
entered or modified on or after the effective date of this | ||
amendatory Act of the 93rd General Assembly must contain a | ||
statement notifying the parties of the requirements of this | ||
paragraph. Failure to include the statement in the order for | ||
support does not affect the validity of the order or the | ||
operation of the provisions of this paragraph with regard to | ||
the order. This paragraph shall not be construed to prevent or | ||
affect the establishment or modification of an order for the | ||
support of a minor child or the establishment or modification | ||
of an order for the support of a non-minor child or educational | ||
expenses under Section 513 of the Illinois Marriage and | ||
Dissolution of Marriage Act.
| ||
(Source: P.A. 95-331, eff. 8-21-07.)
| ||
(750 ILCS 45/14) (from Ch. 40, par. 2514)
| ||
Sec. 14. Judgment.
|
(a) (1) The judgment shall contain or explicitly reserve
| ||
provisions concerning any duty and amount of child support
and | ||
may contain provisions concerning the custody and
guardianship | ||
of the child, visitation privileges with the child, the
| ||
furnishing of bond or other security for the payment of the | ||
judgment,
which the court shall determine in accordance with | ||
the relevant factors
set forth in the Illinois Marriage and | ||
Dissolution of Marriage
Act and any other applicable law of | ||
Illinois,
to guide the court in a finding in the best interests | ||
of the child.
In determining custody, joint custody, removal, | ||
or visitation, the court
shall apply
the relevant standards of | ||
the Illinois Marriage and Dissolution of Marriage
Act, | ||
including Section 609. Specifically, in determining the amount | ||
of any
child support award or child health insurance coverage, | ||
the
court shall use the guidelines and standards set forth in | ||
subsection (a) of
Section 505 and in Section 505.2 of the | ||
Illinois Marriage and Dissolution of
Marriage Act. For purposes | ||
of Section
505 of the Illinois Marriage and Dissolution of | ||
Marriage Act,
"net income" of the non-custodial parent shall | ||
include any benefits
available to that person under the | ||
Illinois Public Aid Code or from other
federal, State or local | ||
government-funded programs. The court shall, in
any event and | ||
regardless of the amount of the non-custodial parent's net
| ||
income, in its judgment order the non-custodial parent to pay | ||
child support
to the custodial parent in a minimum amount of | ||
not less than $10 per month, as long as such an order is |
consistent with the requirements of Title IV, Part D of the | ||
Social Security Act.
In an action brought within 2 years after | ||
a judicial determination of parentage, the judgment or
order | ||
may direct either parent to pay the reasonable expenses | ||
incurred by
either parent or the Department of Healthcare and | ||
Family Services related to the mother's pregnancy and the | ||
delivery of the
child. The judgment or order shall contain the | ||
father's social security number,
which the father shall | ||
disclose to the court; however, failure to include the
father's | ||
social security number on the judgment or order does not | ||
invalidate
the judgment or order.
| ||
(2) If a judgment of parentage contains no explicit award | ||
of custody,
the establishment of a support obligation or of | ||
visitation rights in one
parent shall be considered a judgment | ||
granting custody to the other parent.
If the parentage judgment | ||
contains no such provisions, custody shall be
presumed to be | ||
with the mother;
however, the presumption shall not apply if | ||
the father has had
physical custody for at least 6
months prior | ||
to the date that the mother seeks to enforce custodial rights.
| ||
(b) The court shall order all child support payments, | ||
determined in
accordance with such guidelines, to commence with | ||
the date summons is
served. The level of current periodic | ||
support payments shall not be
reduced because of payments set | ||
for the period prior to the date of entry
of the support order. | ||
The Court may order any child support payments to be
made for a
| ||
period prior to the commencement of the action.
In determining |
whether and the extent to which the
payments shall be made for | ||
any prior period, the court shall consider all
relevant facts, | ||
including the factors for determining the amount of support
| ||
specified in the Illinois Marriage and Dissolution of Marriage
| ||
Act and other equitable factors
including but not limited to:
| ||
(1) The father's prior knowledge of the fact and | ||
circumstances of the
child's birth.
| ||
(2) The father's prior willingness or refusal to help | ||
raise or
support the child.
| ||
(3) The extent to which the mother or the public agency | ||
bringing the
action previously informed the father of the | ||
child's needs or attempted
to seek or require his help in | ||
raising or supporting the child.
| ||
(4) The reasons the mother or the public agency did not | ||
file the
action earlier.
| ||
(5) The extent to which the father would be prejudiced | ||
by the delay in
bringing the action.
| ||
For purposes of determining the amount of child support to | ||
be paid for any
period before the date the order for current | ||
child support is entered, there is
a
rebuttable presumption | ||
that the father's net income for the prior period was
the same | ||
as his net income at the time the order for current child | ||
support is
entered.
| ||
If (i) the non-custodial parent was properly served with a | ||
request for
discovery of
financial information relating to the | ||
non-custodial parent's ability to provide
child support, (ii)
|
the non-custodial parent failed to comply with the request, | ||
despite having been
ordered to
do so by the court, and (iii) | ||
the non-custodial parent is not present at the
hearing to
| ||
determine support despite having received proper notice, then | ||
any relevant
financial
information concerning the | ||
non-custodial parent's ability to provide child
support
that | ||
was
obtained pursuant to subpoena and proper notice shall be | ||
admitted into evidence
without
the need to establish any | ||
further foundation for its admission.
| ||
(c) Any new or existing support order entered by the court | ||
under this
Section shall be deemed to be a series of judgments
| ||
against the person obligated to pay support thereunder, each | ||
judgment
to be in the amount of each payment or installment of | ||
support and each such
judgment to be deemed entered as of the | ||
date the corresponding payment or
installment becomes due under | ||
the terms of the support order. Each
judgment shall have the | ||
full force, effect and attributes of any other
judgment of this | ||
State, including the ability to be enforced.
Notwithstanding | ||
any other State or local law to the contrary, a A lien arises | ||
by operation of law against the real and personal property of
| ||
the noncustodial parent for each installment of overdue support | ||
owed by the
noncustodial parent.
| ||
(d) If the judgment or order of the court is at variance | ||
with the child's
birth certificate, the court shall order that | ||
a new birth certificate be
issued under the Vital Records Act.
| ||
(e) On request of the mother and the father, the court |
shall order a
change in the child's name. After hearing | ||
evidence the court may stay
payment of support during the | ||
period of the father's minority or period of
disability.
| ||
(f) If, upon a showing of proper service, the father fails | ||
to appear in
court, or
otherwise appear as provided by law, the | ||
court may proceed to hear the
cause upon testimony of the | ||
mother or other parties taken in open court and
shall enter a | ||
judgment by default. The court may reserve any order as to
the | ||
amount of child support until the father has received notice, | ||
by
regular mail, of a hearing on the matter.
| ||
(g) A one-time charge of 20% is imposable upon the amount | ||
of past-due
child support owed on July 1, 1988 which has | ||
accrued under a support order
entered by the court. The charge | ||
shall be imposed in accordance with the
provisions of Section | ||
10-21 of the Illinois Public Aid Code and shall be
enforced by | ||
the court upon petition.
| ||
(h) All orders for support, when entered or
modified, shall | ||
include a provision requiring the non-custodial parent
to
| ||
notify the court and, in cases in which party is receiving | ||
child
support enforcement services under Article X of the | ||
Illinois Public Aid Code,
the
Department of Healthcare and | ||
Family Services, within 7 days, (i) of the name and
address of | ||
any new employer of the non-custodial parent, (ii) whether the
| ||
non-custodial
parent has access to health insurance coverage | ||
through the employer or other
group coverage and, if so, the | ||
policy name and number and the names of
persons
covered under |
the policy, and (iii) of any new residential or mailing address
| ||
or telephone
number of the non-custodial parent. In any | ||
subsequent action to enforce a
support order, upon a sufficient | ||
showing that a diligent effort has been made
to ascertain the | ||
location of the non-custodial parent, service of process or
| ||
provision of notice necessary in the case may be made at the | ||
last known
address of the non-custodial parent in any manner | ||
expressly provided by the
Code of Civil Procedure or this Act, | ||
which service shall be sufficient for
purposes of due process.
| ||
(i) An order for support shall include a date on which the | ||
current
support obligation terminates. The termination date | ||
shall be no earlier
than
the date on which the child covered by | ||
the order will attain the age of
18. However, if the child will | ||
not graduate from high school until after
attaining the age
of | ||
18, then the termination date shall be no earlier than the | ||
earlier of the
date on which
the child's high school graduation | ||
will occur or the date on which the child
will attain the
age | ||
of 19.
The order
for
support shall state that
the termination | ||
date does not apply to any arrearage that may remain unpaid on
| ||
that date. Nothing in this subsection shall be construed to | ||
prevent the court
from modifying the order
or terminating the | ||
order in the event the child is otherwise emancipated.
| ||
(i-5) If there is an unpaid arrearage or delinquency (as | ||
those terms are defined in the Income Withholding for Support | ||
Act) equal to at least one month's support obligation on the | ||
termination date stated in the order for support or, if there |
is no termination date stated in the order, on the date the | ||
child attains the age of majority or is otherwise emancipated, | ||
the periodic amount required to be paid for current support of | ||
that child immediately prior to that date shall automatically | ||
continue to be an obligation, not as current support but as | ||
periodic payment toward satisfaction of the unpaid arrearage or | ||
delinquency. That periodic payment shall be in addition to any | ||
periodic payment previously required for satisfaction of the | ||
arrearage or delinquency. The total periodic amount to be paid | ||
toward satisfaction of the arrearage or delinquency may be | ||
enforced and collected by any method provided by law for | ||
enforcement and collection of child support, including but not | ||
limited to income withholding under the Income Withholding for | ||
Support Act. Each order for support entered or modified on or | ||
after the effective date of this amendatory Act of the 93rd | ||
General Assembly must contain a statement notifying the parties | ||
of the requirements of this subsection. Failure to include the | ||
statement in the order for support does not affect the validity | ||
of the order or the operation of the provisions of this | ||
subsection with regard to the order. This subsection shall not | ||
be construed to prevent or affect the establishment or | ||
modification of an order for support of a minor child or the | ||
establishment or modification of an order for support of a | ||
non-minor child or educational expenses under Section 513 of | ||
the Illinois Marriage and Dissolution of Marriage Act.
| ||
(j) An order entered under this Section shall include a |
provision
requiring the obligor to report to the obligee and to | ||
the clerk of court within
10 days each time the obligor obtains | ||
new employment, and each time the
obligor's employment is | ||
terminated for any reason.
The report shall be in writing and | ||
shall, in the case of new employment,
include the name and | ||
address of the new employer.
Failure to report new employment | ||
or
the termination of current employment, if coupled with | ||
nonpayment of support
for a period in excess of 60 days, is | ||
indirect criminal contempt. For
any obligor arrested for | ||
failure to report new employment bond shall be set in
the | ||
amount of the child support that should have been paid during | ||
the period of
unreported employment. An order entered under | ||
this Section shall also include
a provision requiring the | ||
obligor and obligee parents to advise each other of a
change in | ||
residence within 5 days of the change
except when the court | ||
finds that the physical, mental, or emotional health
of a party | ||
or that of a minor child, or both, would be seriously | ||
endangered by
disclosure of the party's address.
| ||
(Source: P.A. 94-923, eff. 1-1-07; 94-1061, eff. 1-1-07; | ||
95-331, eff. 8-21-07; 95-864, eff. 1-1-09.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|