Public Act 90-0476 of the 90th General Assembly

State of Illinois
Public Acts
90th General Assembly

[ Home ] [ Public Acts ] [ ILCS ] [ Search ] [ Bottom ]


Public Act 90-0476

HB2152 Enrolled                                LRB9004203SMdv

    AN ACT regarding enforcement of child support orders.

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

    Section  5.   The  Code  of Civil Procedure is amended by
changing Section 12-112 as follows:

    (735 ILCS 5/12-112) (from Ch. 110, par. 12-112)
    Sec. 12-112.  What liable to enforcement. All the  lands,
tenements, real estate, goods and chattels (except such as is
by  law  declared  to be exempt) of every person against whom
any judgment has been or shall be hereafter  entered  in  any
court,  for  any debt, damages, costs, or other sum of money,
shall be liable to be sold  upon  such  judgment.   Any  real
property, or any beneficial interest in a land trust, held in
tenancy  by  the entirety shall not be liable to be sold upon
judgment entered on or after October 1, 1990 against only one
of the tenants.  However, any income from such property shall
be subject to garnishment as  provided  in  Part  7  of  this
Article XII, whether judgment has been entered against one or
both of the tenants.
    If  the  court  authorizes  the piercing of the ownership
veil pursuant to Section 505 of  the  Illinois  Marriage  and
Dissolution  of  Marriage  Act  or Section 15 of the Illinois
Parentage Act of 1984, any assets determined to be  those  of
the  non-custodial  parent,  although not held in name of the
non-custodial parent, shall be subject to attachment or other
provisional  remedy  in   accordance   with   the   procedure
prescribed  by  this  Code.   The  court  may  not  authorize
attachment  of property or any other provisional remedy under
this paragraph unless it has obtained jurisdiction  over  the
entity  holding  title  to  the property by proper service on
that entity.  With respect to assets which are real property,
no order entered as described in 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 this Code 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.
    This amendatory Act of 1995 is  declarative  of  existing
law.
(Source: P.A. 89-88, eff. 6-30-95; 89-438, eff. 12-15-95.)

    Section  10.   The  Illinois  Marriage and Dissolution of
Marriage Act is amended by changing Section 505 as follows:

    (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  minor
child  includes  the obligation to provide for the reasonable
and necessary physical, mental and emotional health needs  of
the child.
         (1)  The Court shall determine the minimum amount of
    support by using the following guidelines:
      Number of Children       Percent of Supporting Party's
          Net Income
              1                             20%
              2                             25%
              3                             32%
              4                             40%
              5                             45%
          6 or more                         50%
         (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.
         (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.
    (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 minor children of the sentenced parent for the support of
said minor 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.
    (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.
    (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)  An order for support entered or modified in  a  case
in  which  a  party  is  receiving  child  and spouse support
services under Article X of  the  Illinois  Public  Aid  Code
shall include a provision requiring the obligor to notify the
Illinois  Department of Public Aid, 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  (iii)  if
so,  the  policy  name  and  number  and the names of persons
covered under the policy.
    (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 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
subsection  shall  be  construed  to  prevent  the court from
modifying the order.
(Source: P.A.  88-307;  88-687,  eff.  1-24-95;  89-88,  eff.
6-30-95; 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.)

    Section  15.   The  Illinois  Parentage  Act  of  1984 is
amended by changing Section 15 as follows:

    (750 ILCS 45/15) (from Ch. 40, par. 2515)
    Sec. 15.  Enforcement of Judgment or Order.
    (a)  If existence of the parent and child relationship is
declared,  or  paternity  or  duty  of   support   has   been
established  under  this  Act or under prior law or under the
law  of  any  other  jurisdiction,  the   judgment   rendered
thereunder  may  be enforced in the same or other proceedings
by any party or any person or agency that  has  furnished  or
may  furnish  financial  assistance or services to the child.
Sections 14, 16 and 20 of this Act shall also  be  applicable
with  respect  to  entry, modification and enforcement of any
support judgment entered under provisions of  the  "Paternity
Act",  approved  July  5,  1957, as amended, repealed July 1,
1985.
    (b)  Failure to comply with any order of the court  shall
be  punishable  as  contempt  as in other cases of failure to
comply  under  the  "Illinois  Marriage  and  Dissolution  of
Marriage Act", as now or hereafter amended.  In  addition  to
other penalties provided by law, the court may, after finding
the party guilty of contempt, order that the party 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.  However, the  court  may  permit
    the  party  to be released for periods of time during the
    day or  night  to  work  or  conduct  business  or  other
    self-employed  occupation.   The  court may further order
    any part of all the earnings of a party during a sentence
    of periodic imprisonment to be paid to the Clerk  of  the
    Circuit  Court  or to the person or parent having custody
    of the minor child for the support of  said  child  until
    further order of the court.
         (2.5)  The  court may also pierce the ownership veil
    of a person, persons,  or  business  entity  to  discover
    assets of a non-custodial parent held in the name of that
    person,  those  persons, or that business entity if there
    is a unity of interest and ownership sufficient to render
    no financial separation between the non-custodial  parent
    and  that  person, those persons, or the business entity.
    The following circumstances are sufficient for 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:
              (A)   the  non-custodial parent and the person,
         persons,  or  business   entity   maintain   records
         together.
              (B)  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.
              (C)  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 subdivision (2.5) 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.
         (3)  The  court  may  also order that in cases where
    the party 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  party's
    Illinois  driving privileges be suspended until the court
    determines that the  party  is  in  compliance  with  the
    judgement  or  duty  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  party'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.
    (c)  In any post-judgment proceeding to enforce or modify
the judgment the parties shall continue to be  designated  as
in the original proceeding.
(Source: P.A. 89-92, eff. 7-1-96.)

[ Top ]