Illinois 2023-2024 Regular Session

Illinois House Bill HB0553 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0553 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: 305 ILCS 5/10-2 from Ch. 23, par. 10-2 Amends the Illinois Public Aid Code. Makes a technical change in a Section regarding the extent of a responsible relative's liability for support. LRB103 04123 KTG 49129 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0553 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: 305 ILCS 5/10-2 from Ch. 23, par. 10-2 305 ILCS 5/10-2 from Ch. 23, par. 10-2 Amends the Illinois Public Aid Code. Makes a technical change in a Section regarding the extent of a responsible relative's liability for support. LRB103 04123 KTG 49129 b LRB103 04123 KTG 49129 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0553 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED:
3	3	305 ILCS 5/10-2 from Ch. 23, par. 10-2 305 ILCS 5/10-2 from Ch. 23, par. 10-2
4	4	305 ILCS 5/10-2 from Ch. 23, par. 10-2
5	5	Amends the Illinois Public Aid Code. Makes a technical change in a Section regarding the extent of a responsible relative's liability for support.
6	6	LRB103 04123 KTG 49129 b LRB103 04123 KTG 49129 b
7	7	LRB103 04123 KTG 49129 b
8	8	A BILL FOR
9	9	HB0553LRB103 04123 KTG 49129 b HB0553 LRB103 04123 KTG 49129 b
10	10	HB0553 LRB103 04123 KTG 49129 b
11	11	1 AN ACT concerning public aid.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Public Aid Code is amended by
15	15	5 changing Section 10-2 as follows:
16	16	6 (305 ILCS 5/10-2) (from Ch. 23, par. 10-2)
17	17	7 Sec. 10-2. Extent of liability. A husband is liable for
18	18	8 the the support of his wife and a wife for the support of her
19	19	9 husband. Unless the child is otherwise emancipated, the
20	20	10 parents are severally liable for the support of any child
21	21	11 under age 18, and for any child aged 18 who is attending high
22	22	12 school, until that child graduates from high school, or
23	23	13 attains the age of 19, whichever is earlier. The term "child"
24	24	14 includes a child born out of wedlock, or legally adopted
25	25	15 child.
26	26	16 The liability for the support of a child provided for in
27	27	17 this Article does not require a previous court order for
28	28	18 custody and is in conjunction with the guidelines set forth in
29	29	19 Section 505 of the Illinois Marriage and Dissolution of
30	30	20 Marriage Act, as provided for in Section 10-10 of this
31	31	21 Article. The obligation to support contained in this Article
32	32	22 is concurrent to any other appropriate State law.
33	33	23 This Article does not create, enlarge, abrogate, or
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0553 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED:
38	38	305 ILCS 5/10-2 from Ch. 23, par. 10-2 305 ILCS 5/10-2 from Ch. 23, par. 10-2
39	39	305 ILCS 5/10-2 from Ch. 23, par. 10-2
40	40	Amends the Illinois Public Aid Code. Makes a technical change in a Section regarding the extent of a responsible relative's liability for support.
41	41	LRB103 04123 KTG 49129 b LRB103 04123 KTG 49129 b
42	42	LRB103 04123 KTG 49129 b
43	43	A BILL FOR
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49	49	305 ILCS 5/10-2 from Ch. 23, par. 10-2
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66	66	HB0553- 2 -LRB103 04123 KTG 49129 b HB0553 - 2 - LRB103 04123 KTG 49129 b
67	67	HB0553 - 2 - LRB103 04123 KTG 49129 b
68	68	1 diminish parental rights or duties under other laws of this
69	69	2 State, including the common law.
70	70	3 An action to establish or enforce a support obligation,
71	71	4 under this or any other Act providing for the support of a
72	72	5 child, may be brought subsequent to an adjudication dismissing
73	73	6 that action based on any of the following reasons: (1) no duty
74	74	7 of support exists under this Article because this Article
75	75	8 requires a previous court order for custody/allocation of
76	76	9 parental responsibilities (as no such requirement exists under
77	77	10 this Act); (2) there is no common law duty of support (as a
78	78	11 common law duty of support is recognized as a valid basis for
79	79	12 child support); or (3) there is no duty of support under the
80	80	13 Illinois Parentage Act of 2015 because a judgment of paternity
81	81	14 results in a de facto custody/allocation of parental
82	82	15 responsibilities order (as this ignores the cumulative nature
83	83	16 of the Act and the plain language of the statute permitting an
84	84	17 explicit reservation of the issue. The Illinois Parentage Act
85	85	18 of 2015 will be clarified regarding a de facto
86	86	19 custody/allocation of parental responsibilities order as it
87	87	20 relates to the Uniform Interstate Family Support Act).
88	88	21 In addition to the primary obligation of support imposed
89	89	22 upon responsible relatives, such relatives, if individually or
90	90	23 together in any combination they have sufficient income or
91	91	24 other resources to support a needy person, in whole or in part,
92	92	25 shall be liable for any financial aid extended under this Code
93	93	26 to a person for whose support they are responsible, including
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104	104	1 amounts expended for funeral and burial costs.
105	105	2 (Source: P.A. 102-541, eff. 8-20-21.)
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111	111	HB0553 - 3 - LRB103 04123 KTG 49129 b