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Public Act 92-0876
SB1966 Enrolled LRB9215665DJgc
AN ACT in relation to child support.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. This Act may be cited as the Unified Child
Support Services Act.
Section 5. Definitions. In this Act:
"Child support services" mean any services provided with
respect to parentage establishment, support establishment,
medical support establishment, support modification, or
support enforcement.
"Child support specialist" means a paralegal, attorney,
or other staff member with specialized training in child
support services.
"Current child support case" means a case that is pending
in the IV-D Child Support Program for which any action is
being taken by a Unified Child Support Services Program.
"Department" means the Illinois Department of Public Aid.
"IV-D Child Support Program" means the child support
enforcement program established pursuant to Title IV, Part D
of the federal Social Security Act and Article X of the
Illinois Public Aid Code.
"KIDS" means the Key Information Delivery System that
includes a statewide database of all cases in the IV-D Child
Support Program.
"Medicaid" means the medical assistance program under
Article V of the Illinois Public Aid Code.
"Obligor" and "obligee" mean those terms as defined in
the Income Withholding for Support Act.
"Plan" means a plan for a Unified Child Support Services
Program.
"Program" means the Unified Child Support Services
Program in a county or group of counties.
"State Disbursement Unit" means the State Disbursement
Unit established under Section 10-26 of the Illinois Public
Aid Code.
"State's Attorney" means the duly elected State's
Attorney of an Illinois county or 2 or more State's Attorneys
who have formed a consortium for purposes of managing a
Unified Child Support Services Program within a specific
region of the State.
"Temporary Assistance for Needy Families" means the
Temporary Assistance for Needy Families (TANF) program under
Article IV of the Illinois Public Aid Code.
Section 10. Plan for Unified Child Support Services.
(a) By July 1, 2003 and by July 1 of each subsequent
year, a State's Attorney, in cooperation with the appropriate
county officials, may submit to the Department a Plan for a
Unified Child Support Services Program that includes all of
the components set forth in Section 15 of this Act and that
includes a projected budget of the necessary and reasonable
direct and indirect costs for operation of the Program. The
Plan may provide for phasing in the Program with different
implementation dates.
(b) By December 1 of the year in which a Plan is
submitted, the Department shall approve or reject the Plan.
If the Plan is approved, the Department and the State's
Attorney shall enter into an intergovernmental agreement
incorporating the Plan, subject to the approval of the
Attorney General and the appropriate county board. If the
Plan is rejected, the Department must set forth (i) specific
reasons that the Plan fails to satisfy the specific goals and
requirements of this Act or other State or federal
requirements and (ii) specific reasons that the necessary and
reasonable costs for operation of the Plan could not be
agreed upon.
(c) Any State's Attorney who submits a Plan pursuant to
this Act shall commit to manage the Program for a period of
no less than 3 years.
(d) If a Plan is rejected, or if for any reason an
intergovernmental agreement is not signed, the prior
agreement under this Act shall continue in effect until a new
intergovernmental agreement is signed or the agreement is
terminated.
(e) The Department may impose a restriction that no more
than 3 State's Attorneys may begin operating a Program in a
given year. The Department shall develop a procedure for fair
and orderly consideration of Plans as they are submitted or
as interest by a State's Attorney is otherwise demonstrated.
(f) In any county in which a Unified Child Support
Services Program is operating, the Clerk of the Circuit Court
may submit to the Department a plan for filing, recording,
and making available for retrieval all administrative orders
of parentage and administrative orders setting, modifying, or
terminating child support obligations for all IV-D cases
pending in the county on the implementation date of the
Program and all new cases in the IV-D Child Support Program.
The Department shall approve or reject the plan, according to
the criteria set forth in subsection (b), and shall enter
into the appropriate intergovernmental agreement
incorporating the plan unless the Department can demonstrate
that it has an alternative approach.
Section 15. Components of a Unified Child Support
Services Program.
(a) Any intergovernmental agreement incorporating an
approved Plan under this Act must provide that the State's
Attorney shall create and manage a Program offering child
support services in all IV-D cases pending in the county as
of the approval date of the Plan and all new cases in the
Department's IV-D Child Support Program, based upon the
jurisdiction of the case and in accordance with all relevant
laws or Department policies.
(b) The child support services offered by each Program
and incorporated in the State's Attorney's Plan must comply
with the Department's approved Title IV, Part D State Plan
and, except as provided in Section 35, must include, but need
not be limited to, the following:
(1) Accepting applications for child support
services from private parties or referrals from any State
agency that submits information to KIDS, and providing
for the conducting of initial interviews with applicants
by telephone or other electronic means.
(2) Maintaining flexible office hours, including
evening or weekend hours for in-person or telephone
appointments, or any other appropriate means in order to
meet customer service demands.
(3) Providing for a staffing plan that includes
assigning cases to a child support specialist who is
responsible for coordinating child support services for
the case, receiving new and updated information about the
case and forwarding that information to all relevant
persons and agencies, responding to parents' inquiries
and requests in a timely manner, and making appropriate
referrals as specified in paragraph (12) of this
subsection.
(4) Assessing each case for child support services
by determining the status of the case and the necessary
steps appropriate for the case, including establishing
and following standards for determining whether to use
judicial or administrative processes for child support
services, and establishing and following standards for
seeking cooperation from the parties before invoking
other enforcement mechanisms.
(5) Taking all necessary steps identified in
paragraph (4) of this subsection as appropriate for the
case, whether by use of judicial or administrative
processes, and making appropriate referrals to the
Department to follow agency processes for which it is
responsible under Section 35 of this Act.
(6) Offering genetic testing to determine parentage
at the site of the unified child support services
operations or near the county courthouse or
administrative hearing office where proceedings to
establish parentage are conducted.
(7) Obtaining identified cases that have moved into
non-compliance with obligations set forth in an order
involving a child support case and taking steps necessary
to bring the case into compliance, including
investigating sources of income and the location and type
of assets of child support obligors who are in arrears in
the payment of support.
(8) Obtaining information to provide for periodic
or other review of administrative and court orders for
support consistent with federal guidelines to determine
whether a modification of the order should be sought.
(9) Taking responsibility for using KIDS, for
entering data with respect to a current child support
case into KIDS and editing that data, and for having
conflicting or incorrect data reconciled with respect to
a current child support case.
(10) Reporting cooperation or the circumstances for
lack of cooperation with child support services by
recipients of public aid under Temporary Assistance for
Needy Families or Medicaid.
(11) Conducting account reviews and
redeterminations with respect to a current child support
case in accordance with Department policies and federal
guidelines.
(12) Establishing referral procedures and making
appropriate referrals for programs such as voluntary
mediation on custody and visitation, domestic violence,
employment and training, child care, and governmental
benefits such as Temporary Assistance for Needy Families
and Medicaid.
(13) Establishing and maintaining a separate,
impartial, and independent administrative process for
parentage establishment, support establishment, and
support modification that affords due process of law to
alleged fathers and custodial and non-custodial parents;
and furnishing copies of all such administrative orders
to the clerk of the circuit court and the Department.
(14) Providing all information on the Program's
operation needed by the Department to satisfy the
Department's reporting requirements to the State and
federal governments on a timely basis.
(15) Responding to requests for Administrative
Accountability Analyses under Article X of the Illinois
Public Aid Code, for State's Attorney cases as of the
effective date of the approved Plan, and reporting final
determinations to the Department.
(16) Marketing the Program within the county in
which it is operating so that potential applicants learn
about child support services offered.
(17) Appointing a local, unpaid child support
advisory board, with the State's Attorney operating the
Program as the chair, that meets at least quarterly.
(18) Establishing procedures for referral to the
Illinois Attorney General of designated child support
cases brought by non-custodial parents.
(19) Conducting all operations in accordance with
any applicable State or federal laws and regulations and
the Plan.
Section 20. Subcontracts. A Plan submitted by a State's
Attorney for approval to manage a Program must include those
subcontracts and intergovernmental agreements necessary for
the provision of any components of child support services
under the Plan. The Plan must also include a copy of each
signed subcontract or intergovernmental agreement or other
evidence of the proposed subcontractor or other local
governmental entity's intent to perform the services covered
by the subcontract or intergovernmental agreement. The
subcontract or intergovernmental agreement may be approved by
the Department only if the subcontractor or other
intergovernmental entity's services are fully integrated into
the Program and the subcontractor or other intergovernmental
entity's services enhance the efficiency, accessibility, and
effectiveness of child support services.
Section 25. Performance standards.
(a) In consultation with the Department's statewide
Child Support Advisory Committee and a designated
representative of the Illinois State's Attorneys Association,
the Department shall establish the following by rule:
(1) Measures of performance for all State's
Attorneys operating a program and contractors and local
governmental entities providing child support services in
the IV-D Child Support Program with respect to parentage
establishment, support order establishment, current
support collections, arrearage collections,
cost-effectiveness, or any other measures used by the
federal government or as set forth by the Department.
(2) Procedures for apportioning any projected
incentive funding between any eligible contractors or
local governmental entities.
(b) Once each year, the Department shall estimate the
total State and federal incentive funding that will be
available for distribution under this subsection during the
following year. Any State's Attorney operating a program and
a contractor or local governmental entity providing child
support services in the IV-D Child Support Program are
eligible to earn incentive payments, based on the score
received for performance standards required under this
Section and the amount available for that year under this
subsection.
(c) Once each year, the Department shall apply the
performance standards to all State's Attorneys operating a
program and contractors and local governmental entities
providing child support services in the IV-D Child Support
Program, and shall publish a report of such performance
levels and corresponding scores used in calculating the
incentive payment amount.
Section 30. Annual report to General Assembly. The
Department shall submit to the General Assembly an annual
report on the operation of Programs during the preceding
State fiscal year. The annual report must include, but need
not be limited to, the following:
(1) The report of performance levels and
corresponding scores used in calculating the incentive
payment amounts under Section 20.
(2) A narrative description of each Program
operating in the State, including (i) the manner in which
a State's Attorney complied or failed to comply with each
assurance included in the applicable Plan and (ii) the
Program's annual budget and staffing.
Section 35. IV-D Child Support Program responsibilities.
(a) The Department has the authority and responsibility
for administering the IV-D Child Support Program in
compliance with Title IV, Part D of the federal Social
Security Act.
(b) The Department may enter into agreements with
contractors or local governmental entities to manage any
services provided by the IV-D Child Support Program in
counties in which the State's Attorney is not operating a
Program. All contractors or local governmental entities
entering into agreements with the Department must meet the
applicable performance standards set forth in Section 25.
(c) In all counties, whether or not the State's Attorney
in a county is operating a Program, the Department must, at a
minimum, fulfill its responsibilities under Title IV, Part D
of the federal Social Security Act and Article X of the
Illinois Public Aid Code in connection with the following:
(1) Operation of a statewide toll free telephone
number that refers parties to the appropriate contact as
established by a Plan.
(2) Management and supervision of the State
Disbursement Unit.
(3) Management and supervision of KIDS and the
State Case Registry established under Section 10-27 of
the Illinois Public Aid Code, including the
responsibility (i) for entering and editing data for
activities being conducted by the Department with respect
to a current child support case and (ii) for having
conflicting or incorrect data reconciled with respect to
those activities. A State's Attorney operating a Program,
however, must be able to enter data directly into KIDS
with respect to any current child support cases for which
the State's Attorney is responsible and must be able to
edit that data when necessary.
(4) Federal income tax refund intercepts.
(5) State income tax refund and other payment
intercepts.
(6) Sending notices required by law to parents,
except as otherwise provided in a Plan.
(7) Submitting past due support information to
licensing agencies.
(8) Notifying the Illinois Department of Public
Health of parentage establishments and acknowledgments.
(9) Maintaining the Central Case Registry with
respect to interstate cases, and taking any necessary
actions that are not otherwise specified in a Plan.
(10) Submittal of past-due support information to
the Illinois Department of Revenue.
(11) Requests for data matches with financial
institutions.
(12) Account reviews and redeterminations for any
child support cases in which administrative processes are
utilized by the Department under this Section.
(13) Reports to the federal government.
(14) All other duties required under Title IV, Part
D of the federal Social Security Act that are not
otherwise included in a Plan.
(d) To the extent that the provisions of this Act are
inconsistent with the responsibilities or requirements
imposed on the IV-D Child Support Program under Article X of
the Illinois Public Aid Code, the provisions of this Act
shall control, unless doing so violates Title IV, Part D of
the federal Social Security Act.
Section 905. The Illinois Public Aid Code is amended by
changing Sections 10-2, 10-8.1, 10-10, and 10-11 as follows:
(305 ILCS 5/10-2) (from Ch. 23, par. 10-2)
Sec. 10-2. Extent of Liability. A husband is liable for
the support of his wife and a wife for the support of her
husband. Unless the child is otherwise emancipated, the
parents are severally liable for the support of any child
under age 18, and for any child aged 18 who is attending high
school, until that child graduates from high school, or
attains the age of 19, whichever is earlier 21, except that a
parent is not liable for a child age 18 or over if such child
is not living with the parent or parents, and a parent is not
liable for a child of any age if the child has married and is
not living with the parent or parents. A child shall be
considered to be living with the parent or parents if such
child is absent from the parent's or parents' home only in
order to regularly attend a school, college or university or
to receive technical training designed for preparation for
gainful employment. The term "child" includes a child born
out of wedlock, or legally adopted child.
In addition to the primary obligation of support imposed
upon responsible relatives, such relatives, if individually
or together in any combination they have sufficient income or
other resources to support a needy person, in whole or in
part, shall be liable for any financial aid extended under
this Code to a person for whose support they are responsible,
including amounts expended for funeral and burial costs.
(Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
(305 ILCS 5/10-8.1)
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.
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 and spouse support 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 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 Illinois Department from
modifying the order or terminating the order in the event the
child is otherwise emancipated.
(Source: P.A. 90-18, eff. 7-1-97.)
(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 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.
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 support 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 support 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 and spouse support 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 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 or
terminating the order in the event the child is otherwise
emancipated.
Upon notification in writing or by electronic
transmission from the Illinois Department to the clerk of the
court that a person who is receiving support payments under
this Section is receiving services under the Child Support
Enforcement Program established by Title IV-D of the Social
Security Act, any support payments subsequently received by
the clerk of the court shall be transmitted in accordance
with the instructions of the Illinois Department until the
Illinois Department gives notice to the clerk of the court to
cease the transmittal. After providing the notification
authorized under this paragraph, the Illinois Department
shall be entitled as a party to notice of any further
proceedings in the case. The clerk of the court shall file a
copy of the Illinois Department's notification in the court
file. The clerk's failure to file a copy of the notification
in the court file shall not, however, affect the Illinois
Department's right to receive notice of further proceedings.
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. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99;
91-357, eff. 7-29-99; 91-767, eff. 6-9-00; 92-16, eff.
6-28-01.)
(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 and
spouse support 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.
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 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.
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 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.
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. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
90-655, eff. 7-30-98; 90-790, eff. 8-14-98; 91-212, eff.
7-20-99.)
Section 910. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Sections 505, 505.2, 510,
and 513 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. 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:
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. 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 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 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 for 30 days
or more shall accrue simple interest at the rate of 9% per
annum. An order for support entered or modified on or after
January 1, 2002 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 for 30 days or more shall accrue simple
interest at the rate of 9% per annum. 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. 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 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 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 or
terminating the order in the event the child is otherwise
emancipated.
(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.
(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. 91-113, eff. 7-15-99; 91-397, eff. 1-1-00;
91-655, eff. 6-1-00; 91-767, eff. 6-9-00; 92-16, eff.
6-28-01; 92-203, eff. 8-1-01; 92-374, eff. 8-15-01; revised
10-15-01.)
(750 ILCS 5/505.2) (from Ch. 40, par. 505.2)
Sec. 505.2. Health insurance.
(a) Definitions. As used in this Section:
(1) "Obligee" means the individual to whom the duty
of support is owed or the individual's legal
representative.
(2) "Obligor" means the individual who owes a duty
of support pursuant to an order for support.
(3) "Public office" means any elected official or
any State or local agency which is or may become
responsible by law for enforcement of, or which is or may
become authorized to enforce, an order for support,
including, but not limited to: the Attorney General, the
Illinois Department of Public Aid, the Illinois
Department of Human Services, the Illinois Department of
Children and Family Services, and the various State's
Attorneys, Clerks of the Circuit Court and supervisors of
general assistance.
(4) "Child" shall have the meaning ascribed to it
in Section 505.
(b) Order.
(1) Whenever the court establishes, modifies or
enforces an order for child support or for child support
and maintenance the court shall include in the order a
provision for the health care coverage of the child which
shall, upon request of the obligee or Public Office,
require that any child covered by the order be named as a
beneficiary of any health insurance plan that is
available to the obligor through an employer or labor
union or trade union. If the court finds that such a
plan is not available to the obligor, or that the plan is
not accessible to the obligee, the court may, upon
request of the obligee or Public Office, order the
obligor to name the child covered by the order as a
beneficiary of any health insurance plan that is
available to the obligor on a group basis, or as a
beneficiary of an independent health insurance plan to be
obtained by the obligor, after considering the following
factors:
(A) the medical needs of the child;
(B) the availability of a plan to meet those
needs; and
(C) the cost of such a plan to the obligor.
(2) If the employer or labor union or trade union
offers more than one plan, the order shall require the
obligor to name the child as a beneficiary of the plan in
which the obligor is enrolled.
(3) Nothing in this Section shall be construed to
limit the authority of the court to establish or modify a
support order to provide for payment of expenses,
including deductibles, copayments and any other health
expenses, which are in addition to expenses covered by an
insurance plan of which a child is ordered to be named a
beneficiary pursuant to this Section.
(c) Implementation and enforcement.
(1) When the court order requires that a minor
child be named as a beneficiary of a health insurance
plan, other than a health insurance plan available
through an employer or labor union or trade union, the
obligor shall provide written proof to the obligee or
Public Office that the required insurance has been
obtained, or that application for insurability has been
made, within 30 days of receiving notice of the court
order. Unless the obligor was present in court when the
order was issued, notice of the order shall be given
pursuant to Illinois Supreme Court Rules. If an obligor
fails to provide the required proof, he may be held in
contempt of court.
(2) When the court requires that a minor child be
named as a beneficiary of a health insurance plan
available through an employer or labor union or trade
union, the court's order shall be implemented in
accordance with the Income Withholding for Support Act.
(d) Failure to maintain insurance. The dollar amount of
the premiums for court-ordered health insurance, or that
portion of the premiums for which the obligor is responsible
in the case of insurance provided under a group health
insurance plan through an employer or labor union or trade
union where the employer or labor union or trade union pays a
portion of the premiums, shall be considered an additional
child support obligation owed by the obligor. Whenever the
obligor fails to provide or maintain health insurance
pursuant to an order for support, the obligor shall be liable
to the obligee for the dollar amount of the premiums which
were not paid, and shall also be liable for all medical
expenses incurred by the minor child which would have been
paid or reimbursed by the health insurance which the obligor
was ordered to provide or maintain. In addition, the obligee
may petition the court to modify the order based solely on
the obligor's failure to pay the premiums for court-ordered
health insurance.
(e) Authorization for payment. The signature of the
obligee is a valid authorization to the insurer to process a
claim for payment under the insurance plan to the provider of
the health care services or to the obligee.
(f) Disclosure of information. The obligor's employer
or labor union or trade union shall disclose to the obligee
or Public Office, upon request, information concerning any
dependent coverage plans which would be made available to a
new employee or labor union member or trade union member.
The employer or labor union or trade union shall disclose
such information whether or not a court order for medical
support has been entered.
(g) Employer obligations. If a parent is required by an
order for support to provide coverage for a child's health
care expenses and if that coverage is available to the parent
through an employer who does business in this State, the
employer must do all of the following upon receipt of a copy
of the order of support or order for withholding:
(1) The employer shall, upon the parent's request,
permit the parent to include in that coverage a child who
is otherwise eligible for that coverage, without regard
to any enrollment season restrictions that might
otherwise be applicable as to the time period within
which the child may be added to that coverage.
(2) If the parent has health care coverage through
the employer but fails to apply for coverage of the
child, the employer shall include the child in the
parent's coverage upon application by the child's other
parent or the Illinois Department of Public Aid.
(3) The employer may not eliminate any child from
the parent's health care coverage unless the employee is
no longer employed by the employer and no longer covered
under the employer's group health plan or unless the
employer is provided with satisfactory written evidence
of either of the following:
(A) The order for support is no longer in
effect.
(B) The child is or will be included in a
comparable health care plan obtained by the parent
under such order that is currently in effect or will
take effect no later than the date the prior
coverage is terminated.
The employer may eliminate a child from a parent's
health care plan obtained by the parent under such order
if the employer has eliminated dependent health care
coverage for all of its employees.
(Source: P.A. 92-16, eff. 6-28-01)
(750 ILCS 5/510) (from Ch. 40, par. 510)
Sec. 510. Modification and termination of provisions for
maintenance, support, educational expenses, and property
disposition.
(a) Except as otherwise provided in paragraph (f) of
Section 502 and in subsection (b) (d), clause (3) of Section
505.2, the provisions of any judgment respecting maintenance
or support may be modified only as to installments accruing
subsequent to due notice by the moving party of the filing of
the motion for modification and, with respect to maintenance,
only upon a showing of a substantial change in circumstances.
An order for child support may be modified as follows:
(1) upon a showing of a substantial change in
circumstances; and
(2) without the necessity of showing a substantial
change in circumstances, as follows:
(A) upon a showing of an inconsistency of at
least 20%, but no less than $10 per month, between
the amount of the existing order and the amount of
child support that results from application of the
guidelines specified in Section 505 of this Act
unless the inconsistency is due to the fact that the
amount of the existing order resulted from a
deviation from the guideline amount and there has
not been a change in the circumstances that resulted
in that deviation; or
(B) Upon a showing of a need to provide for
the health care needs of the child under the order
through health insurance or other means. In no
event shall the eligibility for or receipt of
medical assistance be considered to meet the need to
provide for the child's health care needs.
The provisions of subparagraph (a)(2)(A) shall apply only
in cases in which a party is receiving child and spouse
support services from the Illinois Department of Public Aid
under Article X of the Illinois Public Aid Code, and only
when at least 36 months have elapsed since the order for
child support was entered or last modified.
(b) The provisions as to property disposition may not be
revoked or modified, unless the court finds the existence of
conditions that justify the reopening of a judgment under the
laws of this State.
(c) Unless otherwise agreed by the parties in a written
agreement set forth in the judgment or otherwise approved by
the court, the obligation to pay future maintenance is
terminated upon the death of either party, or the remarriage
of the party receiving maintenance, or if the party receiving
maintenance cohabits with another person on a resident,
continuing conjugal basis.
(d) Unless otherwise provided in this Act, or as agreed
in writing or expressly provided in the judgment, provisions
for the support of a child are terminated by emancipation of
the child, or if the child has attained the age of 18 and is
still attending high school, provisions for the support of
the child are terminated upon the date that the child
graduates from high school or the date the child attains the
age of 19, whichever is earlier, but not by the death of a
parent obligated to support or educate the child. Unless
otherwise agreed in writing or expressly provided in a
judgment, provisions for the support of a child are
terminated by emancipation of the child, except as otherwise
provided herein, but not by the death of a parent obligated
to support or educate the child. An existing obligation to
pay for support or educational expenses, or both, is not
terminated by the death of a parent. When a parent obligated
to pay support or educational expenses, or both, dies, the
amount of support or educational expenses, or both, may be
enforced, modified, revoked or commuted to a lump sum
payment, as equity may require, and that determination may be
provided for at the time of the dissolution of the marriage
or thereafter.
(e) The right to petition for support or educational
expenses, or both, under Sections 505 and 513 is not
extinguished by the death of a parent. Upon a petition filed
before or after a parent's death, the court may award sums of
money out of the decedent's estate for the child's support or
educational expenses, or both, as equity may require. The
time within which a claim may be filed against the estate of
a decedent under Sections 505 and 513 and subsection (d) and
this subsection shall be governed by the provisions of the
Probate Act of 1975, as a barrable, noncontingent claim.
(f) A petition to modify or terminate child support,
custody, or visitation shall not delay any child support
enforcement litigation or supplementary proceeding on behalf
of the obligee, including, but not limited to, a petition for
a rule to show cause, for non-wage garnishment, or for a
restraining order.
(Source: P.A. 92-289, eff. 8-9-01; revised 12-07-01.)
(750 ILCS 5/513) (from Ch. 40, par. 513)
Sec. 513. Support for Non-minor Children and Educational
Expenses.
(a) The court may award sums of money out of the
property and income of either or both parties or the estate
of a deceased parent, as equity may require, for the support
of the child or children of the parties who have attained
majority in the following instances:
(1) When the child is mentally or physically
disabled and not otherwise emancipated, an application
for support may be made before or after the child has
attained majority.
(2) The court may also make provision for the
educational expenses of the child or children of the
parties, whether of minor or majority age, and an
application for educational expenses may be made before
or after the child has attained majority, or after the
death of either parent. The authority under this Section
to make provision for educational expenses extends not
only to periods of college education or professional or
other training after graduation from high school, but
also to any period during which the child of the parties
is still attending high school, even though he or she
attained the age of 19 18. The educational expenses may
include, but shall not be limited to, room, board, dues,
tuition, transportation, books, fees, registration and
application costs, medical expenses including medical
insurance, dental expenses, and living expenses during
the school year and periods of recess, which sums may be
ordered payable to the child, to either parent, or to the
educational institution, directly or through a special
account or trust created for that purpose, as the court
sees fit.
If educational expenses are ordered payable, each
parent and the child shall sign any consents necessary
for the educational institution to provide the supporting
parent with access to the child's academic transcripts,
records, and grade reports. The consents shall not apply
to any non-academic records. Failure to execute the
required consent may be a basis for a modification or
termination of any order entered under this Section.
The authority under this Section to make provision
for educational expenses, except where the child is
mentally or physically disabled and not otherwise
emancipated, terminates when the child receives a
baccalaureate degree.
(b) In making awards under paragraph (1) or (2) of
subsection (a), or pursuant to a petition or motion to
decrease, modify, or terminate any such award, the court
shall consider all relevant factors that appear reasonable
and necessary, including:
(1) The financial resources of both parents.
(2) The standard of living the child would have
enjoyed had the marriage not been dissolved.
(3) The financial resources of the child.
(4) The child's academic performance.
(Source: P.A. 91-204, eff. 1-1-00.)
Section 915. The Non-Support Punishment Act is amended
by changing Sections 15 and 20 as follows:
(750 ILCS 16/15)
Sec. 15. Failure to support.
(a) A person commits the offense of failure to support
when he or she:
(1) willfully, without any lawful excuse, refuses
to provide for the support or maintenance of his or her
spouse, with the knowledge that the spouse is in need of
such support or maintenance, or, without lawful excuse,
deserts or willfully refuses to provide for the support
or maintenance of his or her child or children under the
age of 18 years, in need of support or maintenance and
the person has the ability to provide the support; or
(2) willfully fails to pay a support obligation
required under a court or administrative order for
support, if the obligation has remained unpaid for a
period longer than 6 months, or is in arrears in an
amount greater than $5,000, and the person has the
ability to provide the support; or
(3) leaves the State with the intent to evade a
support obligation required under a court or
administrative order for support, if the obligation,
regardless of when it accrued, has remained unpaid for a
period longer than 6 months, or is in arrears in an
amount greater than $10,000; or
(4) willfully fails to pay a support obligation
required under a court or administrative order for
support, if the obligation has remained unpaid for a
period longer than one year, or is in arrears in an
amount greater than $20,000, and the person has the
ability to provide the support.
(a-5) Presumption of ability to pay support. The
existence of a court or administrative order of support that
was not based on a default judgment and was in effect for the
time period charged in the indictment or information creates
a rebuttable presumption that the obligor has the ability to
pay the support obligation for that time period.
(b) Sentence. A person convicted of a first offense
under subdivision (a)(1) or (a)(2) is guilty of a Class A
misdemeanor. A person convicted of an offense under
subdivision (a)(3) or (a)(4) or a second or subsequent
offense under subdivision (a)(1) or (a)(2) is guilty of a
Class 4 felony.
(c) Expungement. A person convicted of a first offense
under subdivision (a)(1) or (a)(2) who is eligible for the
Earnfare program, shall, in lieu of the sentence prescribed
in subsection (b), be referred to the Earnfare program. Upon
certification of completion of the Earnfare program, the
conviction shall be expunged. If the person fails to
successfully complete the Earnfare program, he or she shall
be sentenced in accordance with subsection (b).
(d) Fine. Sentences of imprisonment and fines for
offenses committed under this Act shall be as provided under
Articles 8 and 9 of Chapter V of the Unified Code of
Corrections, except that the court shall order restitution of
all unpaid support payments and may impose the following
fines, alone, or in addition to a sentence of imprisonment
under the following circumstances:
(1) from $1,000 to $5,000 if the support obligation
has remained unpaid for a period longer than 2 years, or
is in arrears in an amount greater than $1,000 and not
exceeding $10,000;
(2) from $5,000 to $10,000 if the support obligation
has remained unpaid for a period longer than 5 years, or
is in arrears in an amount greater than $10,000 and not
exceeding $20,000; or
(3) from $10,000 to $25,000 if the support
obligation has remained unpaid for a period longer than 8
years, or is in arrears in an amount greater than
$20,000.
(e) Restitution shall be ordered in an amount equal to
the total unpaid support obligation as it existed at the time
of sentencing. Any amounts paid by the obligor shall be
allocated first to current support and then to restitution
ordered and then to fines imposed under this Section.
(f) For purposes of this Act, the term "child" shall
have the meaning ascribed to it in Section 505 of the
Illinois Marriage and Dissolution of Marriage Act.
(Source: P.A. 91-613, eff. 10-1-99.)
(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.
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 and spouse support
services under Article X of the Illinois Public Aid Code
shall include a provision requiring the noncustodial parent
to notify the Illinois Department of Public Aid, 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 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 or
terminating the order in the event the child is otherwise
emancipated.
(j) A support obligation, or any portion of a support
obligation, which becomes due and remains unpaid for 30 days
or more shall accrue simple interest at the rate of 9% per
annum. An order for support entered or modified on or after
January 1, 2002 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 for 30 days or more shall accrue simple
interest at the rate of 9% per annum. 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. 91-613, eff. 10-1-99; 91-767, eff. 6-9-00;
92-374, eff. 8-15-01.)
Section 920. The Illinois Parentage Act of 1984 is
amended by changing Section 14 as follows:
(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, or visitation, the court shall apply
the relevant standards of the Illinois Marriage and
Dissolution of Marriage Act. Specifically, in determining the
amount of any 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. 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. In an action brought within 2
years after a child's birth, the judgment or order may direct
either parent to pay the reasonable expenses incurred by
either parent 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. 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 and spouse support 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 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 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 or
terminating the order in the event the child is otherwise
emancipated.
(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. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
90-655, eff. 7-30-98; 91-767, eff. 6-9-00.)
Passed in the General Assembly December 05, 2002.
Approved January 06, 2003.
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