Public Act 90-0733 of the 90th General Assembly
Public Act 90-0733
HB3415 Enrolled LRB9010838DJcd
AN ACT concerning governmental matters.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Aid Code is amended by
changing Section 10-16 as follows:
(305 ILCS 5/10-16) (from Ch. 23, par. 10-16)
Sec. 10-16. Judicial enforcement of court and
administrative support orders.) Court orders entered in
proceedings under Section 10-10 and court orders for
enforcement of an administrative order under Section 10-15
and for the payment of money may be enforced by attachment as
for contempt against the persons of the defendants, and in
addition, as other judgments for the payment of money, and
costs may be adjudged against the defendants and apportioned
among them; but if the complaint is dismissed, costs shall be
borne by the Illinois Department or the local governmental
unit, as the case may be. If a responsible relative is
directed by the Illinois Department, or the local
governmental unit, under the conditions stated in Section
10-8, to make support payments directly to the person, or to
some person or agency in his behalf, the court order entered
against him under this Section or Section 10-10 may be
enforced as herein provided if he thereafter fails to furnish
support in accordance with its terms. The State of Illinois
shall not be required to make a deposit for or pay any costs
or fees of any court or officer thereof in any proceeding
instituted under this Section.
The provisions of the Civil Practice Law, and all
amendments and modifications thereof, shall apply to and
govern all actions instituted under this Section and Section
10-10. In such actions proof that a person is an applicant
for or recipient of public aid under any Article of this Code
shall be prima facie proof that he is a person in necessitous
circumstances by reason of infirmity, unemployment or other
cause depriving him of the means of a livelihood compatible
with health and well-being.
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 other payments
under this Section to the Illinois Department shall be
deposited in the Public Assistance Recoveries Trust Fund.
Disbursements from these funds shall be as provided in
Sections 12-9 and 12-10.2 of this Code. Payments received by
a local governmental unit shall be deposited in that unit's
General Assistance Fund.
In addition to the penalties or punishment that may be
imposed under this Section, any person whose conduct
constitutes a violation of Section 1 of the Non-Support of
Spouse and Children Act may be prosecuted under that Section,
and a person convicted under that Section may be sentenced in
accordance with that Section. The sentence may include but
need not be limited to a requirement that the person perform
community service under subsection (b) of that Section or
participate in a work alternative program under subsection
(c) of that Section. A person may not be required to
participate in a work alternative program under subsection
(c) of that Section if the person is currently participating
in a work program pursuant to Section 10-11.1 of this Code.
(Source: P.A. 83-1126.)
Section 10. The Illinois Vehicle Code is amended by
changing Sections 3-408 and 6-103 as follows:
(625 ILCS 5/3-408) (from Ch. 95 1/2, par. 3-408)
Sec. 3-408. Grounds for refusing registration or
certificate of title. The Secretary of State shall refuse
registration or any transfer of registration upon any of the
following grounds:
1. That the application contains any false or fraudulent
statement or that the applicant has failed to furnish
required information or reasonable additional information
requested by the Secretary of State or that the applicant is
not entitled to the issuance of a certificate of title or
registration of the vehicle under Chapter 3;
2. That the Secretary of State has reasonable ground to
believe that the vehicle is a stolen or embezzled vehicle or
that the granting of registration would constitute a fraud
against the rightful owner or other person having valid lien
upon such vehicle;
3. That the registration of the vehicle stands suspended
or revoked for any reason as provided in the motor-vehicle
laws of this State;
4. That the required fee has not been paid; or
5. (a) In the case of medical transport vehicles, that
the application does not contain a copy of a completed
Vehicle Inspection Report issued by the Department of
Transportation which certifies that the vehicle has been
determined to be in safe mechanical condition by a safety
test administered within the preceding 6 months; and (b) in
the case of medical transport vehicles, other than vehicles
owned or operated by a unit of local government, proof of
financial responsibility; or.
6. That the applicant is 90 days or more delinquent in
court ordered child support payments or has been adjudicated
in arrears in an amount equal to 90 days' obligation or more
and has been found in contempt of court for failure to pay
the support, subject to the requirements and procedures of
Article VII of Chapter 7 of the Illinois Vehicle Code.
(Source: P.A. 82-949.)
(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
Sec. 6-103. What persons shall not be licensed as drivers
or granted permits. The Secretary of State shall not issue,
renew, or allow the retention of any driver's license nor
issue any permit under this Code:
1. To any person, as a driver, who is under the age
of 18 years except as provided in Section 6-107, and
except that an instruction permit may be issued under
paragraphs (a) and (b) of Section 6-105 to a child who is
not less than 15 years of age if the child is enrolled in
an approved driver education course as defined in Section
1-103 of this Code and requires an instruction permit to
participate therein, except that an instruction permit
may be issued under the provisions of Section 6-107.1 to
a child who is 17 years and 9 months of age without the
child having enrolled in an approved driver education
course and except that an instruction permit may be
issued to a child who is at least 15 years and 6 months
of age, is enrolled in school, meets the educational
requirements of the Driver Education Act, and has passed
examinations the Secretary of State in his or her
discretion may prescribe;
2. To any person who is under the age of 18 as an
operator of a motorcycle other than a motor driven cycle
unless the person has, in addition to meeting the
provisions of Section 6-107 of this Code, completed a
motorcycle training course approved by the Illinois
Department of Transportation and successfully completes
the required Secretary of State's motorcycle driver's
examination;
3. To any person, as a driver, whose driver's
license or permit has been suspended, during the
suspension, nor to any person whose driver's license or
permit has been revoked, except as provided in Sections
6-205, 6-206, and 6-208;
4. To any person, as a driver, who is a user of
alcohol or any other drug to a degree that renders the
person incapable of safely driving a motor vehicle;
5. To any person, as a driver, who has previously
been adjudged to be afflicted with or suffering from any
mental or physical disability or disease and who has not
at the time of application been restored to competency by
the methods provided by law;
6. To any person, as a driver, who is required by
the Secretary of State to submit an alcohol and drug
evaluation or take an examination provided for in this
Code unless the person has successfully passed the
examination and submitted any required evaluation;
7. To any person who is required under the
provisions of the laws of this State to deposit security
or proof of financial responsibility and who has not
deposited the security or proof;
8. To any person when the Secretary of State has
good cause to believe that the person by reason of
physical or mental disability would not be able to safely
operate a motor vehicle upon the highways, unless the
person shall furnish to the Secretary of State a verified
written statement, acceptable to the Secretary of State,
from a competent medical specialist to the effect that
the operation of a motor vehicle by the person would not
be inimical to the public safety;
9. To any person, as a driver, who is 69 years of
age or older, unless the person has successfully complied
with the provisions of Section 6-109;
10. To any person convicted, within 12 months of
application for a license, of any of the sexual offenses
enumerated in paragraph 2 of subsection (b) of Section
6-205;
11. To any person who is under the age of 21 years
with a classification prohibited in paragraph (b) of
Section 6-104 and to any person who is under the age of
18 years with a classification prohibited in paragraph
(c) of Section 6-104;
12. To any person who has been either convicted of
or adjudicated under the Juvenile Court Act of 1987 based
upon a violation of the Cannabis Control Act or the
Illinois Controlled Substances Act while that person was
in actual physical control of a motor vehicle. For
purposes of this Section, any person placed on probation
under Section 10 of the Cannabis Control Act or Section
410 of the Illinois Controlled Substances Act shall not
be considered convicted. Any person found guilty of this
offense, while in actual physical control of a motor
vehicle, shall have an entry made in the court record by
the judge that this offense did occur while the person
was in actual physical control of a motor vehicle and
order the clerk of the court to report the violation to
the Secretary of State as such. The Secretary of State
shall not issue a new license or permit for a period of
one year; or
13. To any person who is under the age of 18 years
and who has committed the offense of operating a motor
vehicle without a valid license or permit in violation of
Section 6-101; or.
14. To any person who is 90 days or more delinquent
in court ordered child support payments or has been
adjudicated in arrears in an amount equal to 90 days'
obligation or more and who has been found in contempt of
court for failure to pay the support, subject to the
requirements and procedures of Article VII of Chapter 7
of the Illinois Vehicle Code.
The Secretary of State shall retain all conviction
information, if the information is required to be held
confidential under the Juvenile Court Act of 1987.
(Source: P.A. 90-369, eff. 1-1-98.)
Section 25. 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)
(Text of Section before amendment by P.A. 90-539)
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.
In addition to the penalties or punishment that may be
imposed under this Section, any person whose conduct
constitutes a violation of Section 1 of the Non-Support of
Spouse and Children Act may be prosecuted under that Section,
and a person convicted under that Section may be sentenced in
accordance with that Section. The sentence may include but
need not be limited to a requirement that the person perform
community service under subsection (b) of that Section or
participate in a work alternative program under subsection
(c) of that Section. A person may not be required to
participate in a work alternative program under subsection
(c) of that Section if the person is currently participating
in a work program pursuant to Section 505.1 of this Act.
(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. 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 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, 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 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. 89-88, eff. 6-30-95; 89-92, eff. 7-1-96;
89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
revised 10-7-97.)
(Text of Section after amendment by P.A. 90-539)
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.
In addition to the penalties or punishment that may be
imposed under this Section, any person whose conduct
constitutes a violation of Section 1 of the Non-Support of
Spouse and Children Act may be prosecuted under that Section,
and a person convicted under that Section may be sentenced in
accordance with that Section. The sentence may include but
need not be limited to a requirement that the person perform
community service under subsection (b) of that Section or
participate in a work alternative program under subsection
(c) of that Section. A person may not be required to
participate in a work alternative program under subsection
(c) of that Section if the person is currently participating
in a work program pursuant to Section 505.1 of this Act.
(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. 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 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, 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 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.
(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 minor child, or
both, would be seriously endangered by disclosure of the
party's address.
(Source: P.A. 89-88, eff. 6-30-95; 89-92, eff. 7-1-96;
89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
90-539, eff. 6-1-98; revised 12-15-97.)
Section 30. The Non-Support of Spouse and Children Act
is amended by changing Section 1 as follows:
(750 ILCS 15/1) (from Ch. 40, par. 1101)
Sec. 1. Neglect or refusal to support; penalties.
(a) Every person who shall, without any lawful excuse,
neglect or refuse to provide for the support or maintenance
of his or her spouse, said spouse being in need of such
support or maintenance, or any person who shall, without
lawful excuse, desert or neglect or refuse to provide for the
support or maintenance of his or her child or children under
the age of 18 years, in need of such support or maintenance,
shall be deemed guilty of a Class A misdemeanor and shall be
liable under the provisions of the Illinois "Public Aid Code
of Illinois", approved April 11, 1967, to the Supervisor of
General Assistance, the Department of Human Services, or to
the Illinois Department of Public Aid, as the case may be, in
a civil action, for the amount of general assistance or
assistance provided to his or her spouse or children, or both
his spouse and children.
(b) In addition to any other penalties imposed for a
violation of this Section, the court may order the offender
to perform community service for not less than 30 and not
more than 120 hours, if community service is available in the
jurisdiction and is funded and approved by the county board
of the county where the offense was committed. In addition,
whenever any person is placed on supervision for an alleged
violation of this Section, the supervision shall be
conditioned upon the performance of the community service.
(c) In addition to any other penalties imposed for a
violation of this Section, the court may sentence the
offender to service in a work alternative program
administered by the sheriff. The conditions of the program
are that the offender obtain or retain employment and
participate in a work alternative program administered by the
sheriff during nonworking hours. A portion of the
defendant's salary, as determined 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 shall be deducted to pay for spouse or child
support. A person may not be required to participate in a
work alternative program under this subsection (c) if the
person is currently participating in a work program pursuant
to Section 12 of this Act.
(Source: P.A. 77-2528; revised 3-2-98.)
Section 40. 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.
In addition to the penalties or punishment that may be
imposed under this Section, any person whose conduct
constitutes a violation of Section 1 of the Non-Support of
Spouse and Children Act may be prosecuted under that Section,
and a person convicted under that Section may be sentenced in
accordance with that Section. The sentence may include but
need not be limited to a requirement that the person perform
community service under subsection (b) of that Section or
participate in a work alternative program under subsection
(c) of that Section. A person may not be required to
participate in a work alternative program under subsection
(c) of that Section if the person is currently participating
in a work program pursuant to Section 15.1 of this Act.
(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; 90-476, eff. 1-1-98.)
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.