Illinois 2023-2024 Regular Session

Illinois House Bill HB2330 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 HB2330 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: 750 ILCS 5/504 from Ch. 40, par. 504 750 ILCS 5/505 from Ch. 40, par. 505 750 ILCS 5/509 from Ch. 40, par. 509 750 ILCS 5/600750 ILCS 5/602.10750 ILCS 5/607.5 Amends the Illinois Marriage and Dissolution of Marriage Act. Removes language providing that no maintenance shall accrue while a party is imprisoned for failure to comply with the court's order for the payment of the maintenance. Provides that employment barriers and other relevant background factors in the case shall be considered when determining the potential income of a parent who is voluntarily unemployed or underemployed. Provides that incarceration shall not be considered voluntary unemployment for child support purposes in establishing or modifying child support. Changes the definition of "relocation" to specify that the mileage shall be measured by an internet mapping surface using surface roads, and that, if the internet mapping service offers alternative routes, the alternative route that is the shortest distance shall be used. Provides that, if the underlying action in which the parenting plan or allocation judgment is approved or entered by the court and the underlying action is subsequently dismissed, the parenting plan or allocation judgment is void and unenforceable. Provides that a parenting plan or allocation judgment, once approved or entered by the court, is considered final for purposes for modification or appeal so long as the underlying action is pending. Provides that, if the court orders the parties to participate in family or individual counseling, the counseling is subject to the Mental Health and Developmental Disabilities Confidentiality Act and the federal Health Insurance Portability and Accountability Act of 1996. Removes language providing that, if counseling is ordered, all counseling sessions are confidential, and the communications in counseling shall not be used in any manner in litigation nor relied upon by an expert appointed by the court or retained by a party. Makes other changes. LRB103 26819 LNS 53183 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2330 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: 750 ILCS 5/504 from Ch. 40, par. 504 750 ILCS 5/505 from Ch. 40, par. 505 750 ILCS 5/509 from Ch. 40, par. 509 750 ILCS 5/600750 ILCS 5/602.10750 ILCS 5/607.5 750 ILCS 5/504 from Ch. 40, par. 504 750 ILCS 5/505 from Ch. 40, par. 505 750 ILCS 5/509 from Ch. 40, par. 509 750 ILCS 5/600 750 ILCS 5/602.10 750 ILCS 5/607.5 Amends the Illinois Marriage and Dissolution of Marriage Act. Removes language providing that no maintenance shall accrue while a party is imprisoned for failure to comply with the court's order for the payment of the maintenance. Provides that employment barriers and other relevant background factors in the case shall be considered when determining the potential income of a parent who is voluntarily unemployed or underemployed. Provides that incarceration shall not be considered voluntary unemployment for child support purposes in establishing or modifying child support. Changes the definition of "relocation" to specify that the mileage shall be measured by an internet mapping surface using surface roads, and that, if the internet mapping service offers alternative routes, the alternative route that is the shortest distance shall be used. Provides that, if the underlying action in which the parenting plan or allocation judgment is approved or entered by the court and the underlying action is subsequently dismissed, the parenting plan or allocation judgment is void and unenforceable. Provides that a parenting plan or allocation judgment, once approved or entered by the court, is considered final for purposes for modification or appeal so long as the underlying action is pending. Provides that, if the court orders the parties to participate in family or individual counseling, the counseling is subject to the Mental Health and Developmental Disabilities Confidentiality Act and the federal Health Insurance Portability and Accountability Act of 1996. Removes language providing that, if counseling is ordered, all counseling sessions are confidential, and the communications in counseling shall not be used in any manner in litigation nor relied upon by an expert appointed by the court or retained by a party. Makes other changes. LRB103 26819 LNS 53183 b LRB103 26819 LNS 53183 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2330 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
3	3	750 ILCS 5/504 from Ch. 40, par. 504 750 ILCS 5/505 from Ch. 40, par. 505 750 ILCS 5/509 from Ch. 40, par. 509 750 ILCS 5/600750 ILCS 5/602.10750 ILCS 5/607.5 750 ILCS 5/504 from Ch. 40, par. 504 750 ILCS 5/505 from Ch. 40, par. 505 750 ILCS 5/509 from Ch. 40, par. 509 750 ILCS 5/600 750 ILCS 5/602.10 750 ILCS 5/607.5
4	4	750 ILCS 5/504 from Ch. 40, par. 504
5	5	750 ILCS 5/505 from Ch. 40, par. 505
6	6	750 ILCS 5/509 from Ch. 40, par. 509
7	7	750 ILCS 5/600
8	8	750 ILCS 5/602.10
9	9	750 ILCS 5/607.5
10	10	Amends the Illinois Marriage and Dissolution of Marriage Act. Removes language providing that no maintenance shall accrue while a party is imprisoned for failure to comply with the court's order for the payment of the maintenance. Provides that employment barriers and other relevant background factors in the case shall be considered when determining the potential income of a parent who is voluntarily unemployed or underemployed. Provides that incarceration shall not be considered voluntary unemployment for child support purposes in establishing or modifying child support. Changes the definition of "relocation" to specify that the mileage shall be measured by an internet mapping surface using surface roads, and that, if the internet mapping service offers alternative routes, the alternative route that is the shortest distance shall be used. Provides that, if the underlying action in which the parenting plan or allocation judgment is approved or entered by the court and the underlying action is subsequently dismissed, the parenting plan or allocation judgment is void and unenforceable. Provides that a parenting plan or allocation judgment, once approved or entered by the court, is considered final for purposes for modification or appeal so long as the underlying action is pending. Provides that, if the court orders the parties to participate in family or individual counseling, the counseling is subject to the Mental Health and Developmental Disabilities Confidentiality Act and the federal Health Insurance Portability and Accountability Act of 1996. Removes language providing that, if counseling is ordered, all counseling sessions are confidential, and the communications in counseling shall not be used in any manner in litigation nor relied upon by an expert appointed by the court or retained by a party. Makes other changes.
11	11	LRB103 26819 LNS 53183 b LRB103 26819 LNS 53183 b
12	12	LRB103 26819 LNS 53183 b
13	13	A BILL FOR
14	14	HB2330LRB103 26819 LNS 53183 b HB2330 LRB103 26819 LNS 53183 b
15	15	HB2330 LRB103 26819 LNS 53183 b
16	16	1 AN ACT concerning civil law.
17	17	2 Be it enacted by the People of the State of Illinois,
18	18	3 represented in the General Assembly:
19	19	4 Section 5. The Illinois Marriage and Dissolution of
20	20	5 Marriage Act is amended by changing Sections 504, 505, 509,
21	21	6 600, 602.10, and 607.5 as follows:
22	22	7 (750 ILCS 5/504) (from Ch. 40, par. 504)
23	23	8 Sec. 504. Maintenance.
24	24	9 (a) Entitlement to maintenance. In a proceeding for
25	25	10 dissolution of marriage, legal separation, declaration of
26	26	11 invalidity of marriage, or dissolution of a civil union, a
27	27	12 proceeding for maintenance following a legal separation or
28	28	13 dissolution of the marriage or civil union by a court which
29	29	14 lacked personal jurisdiction over the absent spouse, a
30	30	15 proceeding for modification of a previous order for
31	31	16 maintenance under Section 510 of this Act, or any proceeding
32	32	17 authorized under Section 501 of this Act, the court may grant a
33	33	18 maintenance award for either spouse in amounts and for periods
34	34	19 of time as the court deems just, without regard to marital
35	35	20 misconduct, and the maintenance may be paid from the income or
36	36	21 property of the other spouse. The court shall first make a
37	37	22 finding as to whether a maintenance award is appropriate,
38	38	23 after consideration of all relevant factors, including:
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42	42	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2330 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
43	43	750 ILCS 5/504 from Ch. 40, par. 504 750 ILCS 5/505 from Ch. 40, par. 505 750 ILCS 5/509 from Ch. 40, par. 509 750 ILCS 5/600750 ILCS 5/602.10750 ILCS 5/607.5 750 ILCS 5/504 from Ch. 40, par. 504 750 ILCS 5/505 from Ch. 40, par. 505 750 ILCS 5/509 from Ch. 40, par. 509 750 ILCS 5/600 750 ILCS 5/602.10 750 ILCS 5/607.5
44	44	750 ILCS 5/504 from Ch. 40, par. 504
45	45	750 ILCS 5/505 from Ch. 40, par. 505
46	46	750 ILCS 5/509 from Ch. 40, par. 509
47	47	750 ILCS 5/600
48	48	750 ILCS 5/602.10
49	49	750 ILCS 5/607.5
50	50	Amends the Illinois Marriage and Dissolution of Marriage Act. Removes language providing that no maintenance shall accrue while a party is imprisoned for failure to comply with the court's order for the payment of the maintenance. Provides that employment barriers and other relevant background factors in the case shall be considered when determining the potential income of a parent who is voluntarily unemployed or underemployed. Provides that incarceration shall not be considered voluntary unemployment for child support purposes in establishing or modifying child support. Changes the definition of "relocation" to specify that the mileage shall be measured by an internet mapping surface using surface roads, and that, if the internet mapping service offers alternative routes, the alternative route that is the shortest distance shall be used. Provides that, if the underlying action in which the parenting plan or allocation judgment is approved or entered by the court and the underlying action is subsequently dismissed, the parenting plan or allocation judgment is void and unenforceable. Provides that a parenting plan or allocation judgment, once approved or entered by the court, is considered final for purposes for modification or appeal so long as the underlying action is pending. Provides that, if the court orders the parties to participate in family or individual counseling, the counseling is subject to the Mental Health and Developmental Disabilities Confidentiality Act and the federal Health Insurance Portability and Accountability Act of 1996. Removes language providing that, if counseling is ordered, all counseling sessions are confidential, and the communications in counseling shall not be used in any manner in litigation nor relied upon by an expert appointed by the court or retained by a party. Makes other changes.
51	51	LRB103 26819 LNS 53183 b LRB103 26819 LNS 53183 b
52	52	LRB103 26819 LNS 53183 b
53	53	A BILL FOR
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59	59	750 ILCS 5/504 from Ch. 40, par. 504
60	60	750 ILCS 5/505 from Ch. 40, par. 505
61	61	750 ILCS 5/509 from Ch. 40, par. 509
62	62	750 ILCS 5/600
63	63	750 ILCS 5/602.10
64	64	750 ILCS 5/607.5
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68	68	LRB103 26819 LNS 53183 b
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83	83	1 (1) the income and property of each party, including
84	84	2 marital property apportioned and non-marital property
85	85	3 assigned to the party seeking maintenance as well as all
86	86	4 financial obligations imposed on the parties as a result
87	87	5 of the dissolution of marriage;
88	88	6 (2) the needs of each party;
89	89	7 (3) the realistic present and future earning capacity
90	90	8 of each party;
91	91	9 (4) any impairment of the present and future earning
92	92	10 capacity of the party seeking maintenance due to that
93	93	11 party devoting time to domestic duties or having forgone
94	94	12 or delayed education, training, employment, or career
95	95	13 opportunities due to the marriage;
96	96	14 (5) any impairment of the realistic present or future
97	97	15 earning capacity of the party against whom maintenance is
98	98	16 sought;
99	99	17 (6) the time necessary to enable the party seeking
100	100	18 maintenance to acquire appropriate education, training,
101	101	19 and employment, and whether that party is able to support
102	102	20 himself or herself through appropriate employment;
103	103	21 (6.1) the effect of any parental responsibility
104	104	22 arrangements and its effect on a party's ability to seek
105	105	23 or maintain employment;
106	106	24 (7) the standard of living established during the
107	107	25 marriage;
108	108	26 (8) the duration of the marriage;
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119	119	1 (9) the age, health, station, occupation, amount and
120	120	2 sources of income, vocational skills, employability,
121	121	3 estate, liabilities, and the needs of each of the parties;
122	122	4 (10) all sources of public and private income
123	123	5 including, without limitation, disability and retirement
124	124	6 income;
125	125	7 (11) the tax consequences to each party;
126	126	8 (12) contributions and services by the party seeking
127	127	9 maintenance to the education, training, career or career
128	128	10 potential, or license of the other spouse;
129	129	11 (13) any valid agreement of the parties; and
130	130	12 (14) any other factor that the court expressly finds
131	131	13 to be just and equitable.
132	132	14 (b) (Blank).
133	133	15 (b-1) Amount and duration of maintenance. Unless the court
134	134	16 finds that a maintenance award is appropriate, it shall bar
135	135	17 maintenance as to the party seeking maintenance regardless of
136	136	18 the length of the marriage at the time the action was
137	137	19 commenced. Only if the court finds that a maintenance award is
138	138	20 appropriate, the court shall order guideline maintenance in
139	139	21 accordance with paragraph (1) or non-guideline maintenance in
140	140	22 accordance with paragraph (2) of this subsection (b-1). If the
141	141	23 application of guideline maintenance results in a combined
142	142	24 maintenance and child support obligation that exceeds 50% of
143	143	25 the payor's net income, the court may determine non-guideline
144	144	26 maintenance in accordance with paragraph (2) of this
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155	155	1 subsection (b-1), non-guideline child support in accordance
156	156	2 with paragraph (3.4) of subsection (a) of Section 505, or
157	157	3 both.
158	158	4 (1) Maintenance award in accordance with guidelines.
159	159	5 If the combined gross annual income of the parties is less
160	160	6 than $500,000 and the payor has no obligation to pay child
161	161	7 support or maintenance or both from a prior relationship,
162	162	8 maintenance payable after the date the parties' marriage
163	163	9 is dissolved shall be in accordance with subparagraphs (A)
164	164	10 and (B) of this paragraph (1), unless the court makes a
165	165	11 finding that the application of the guidelines would be
166	166	12 inappropriate.
167	167	13 (A) The amount of maintenance under this paragraph
168	168	14 (1) shall be calculated by taking 33 1/3% of the
169	169	15 payor's net annual income minus 25% of the payee's net
170	170	16 annual income. The amount calculated as maintenance,
171	171	17 however, when added to the net income of the payee,
172	172	18 shall not result in the payee receiving an amount that
173	173	19 is in excess of 40% of the combined net income of the
174	174	20 parties.
175	175	21 (A-1) Modification of maintenance orders entered
176	176	22 before January 1, 2019 that are and continue to be
177	177	23 eligible for inclusion in the gross income of the
178	178	24 payee for federal income tax purposes and deductible
179	179	25 by the payor shall be calculated by taking 30% of the
180	180	26 payor's gross annual income minus 20% of the payee's
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191	191	1 gross annual income, unless both parties expressly
192	192	2 provide otherwise in the modification order. The
193	193	3 amount calculated as maintenance, however, when added
194	194	4 to the gross income of the payee, may not result in the
195	195	5 payee receiving an amount that is in excess of 40% of
196	196	6 the combined gross income of the parties.
197	197	7 (B) The duration of an award under this paragraph
198	198	8 (1) shall be calculated by multiplying the length of
199	199	9 the marriage at the time the action was commenced by
200	200	10 whichever of the following factors applies: less than
201	201	11 5 years (.20); 5 years or more but less than 6 years
202	202	12 (.24); 6 years or more but less than 7 years (.28); 7
203	203	13 years or more but less than 8 years (.32); 8 years or
204	204	14 more but less than 9 years (.36); 9 years or more but
205	205	15 less than 10 years (.40); 10 years or more but less
206	206	16 than 11 years (.44); 11 years or more but less than 12
207	207	17 years (.48); 12 years or more but less than 13 years
208	208	18 (.52); 13 years or more but less than 14 years (.56);
209	209	19 14 years or more but less than 15 years (.60); 15 years
210	210	20 or more but less than 16 years (.64); 16 years or more
211	211	21 but less than 17 years (.68); 17 years or more but less
212	212	22 than 18 years (.72); 18 years or more but less than 19
213	213	23 years (.76); 19 years or more but less than 20 years
214	214	24 (.80). For a marriage of 20 or more years, the court,
215	215	25 in its discretion, shall order maintenance for a
216	216	26 period equal to the length of the marriage or for an
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227	227	1 indefinite term.
228	228	2 (1.5) In the discretion of the court, any term of
229	229	3 temporary maintenance paid by court order under Section
230	230	4 501 may be a corresponding credit to the duration of
231	231	5 maintenance set forth in subparagraph (b-1)(1)(B).
232	232	6 (2) Maintenance award not in accordance with
233	233	7 guidelines. Any non-guidelines award of maintenance shall
234	234	8 be made after the court's consideration of all relevant
235	235	9 factors set forth in subsection (a) of this Section.
236	236	10 (b-2) Findings. In each case involving the issue of
237	237	11 maintenance, the court shall make specific findings of fact,
238	238	12 as follows:
239	239	13 (1) the court shall state its reasoning for awarding
240	240	14 or not awarding maintenance and shall include references
241	241	15 to each relevant factor set forth in subsection (a) of
242	242	16 this Section;
243	243	17 (2) if the court deviates from applicable guidelines
244	244	18 under paragraph (1) of subsection (b-1), it shall state in
245	245	19 its findings the amount of maintenance (if determinable)
246	246	20 or duration that would have been required under the
247	247	21 guidelines and the reasoning for any variance from the
248	248	22 guidelines; and
249	249	23 (3) the court shall state whether the maintenance is
250	250	24 fixed-term, indefinite, reviewable, or reserved by the
251	251	25 court.
252	252	26 (b-3) Gross income. For purposes of this Section, the term
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263	263	1 "gross income" means all income from all sources, within the
264	264	2 scope of that phrase in Section 505 of this Act, except
265	265	3 maintenance payments in the pending proceedings shall not be
266	266	4 included.
267	267	5 (b-3.5) Net income. As used in this Section, "net income"
268	268	6 has the meaning provided in Section 505 of this Act, except
269	269	7 maintenance payments in the pending proceedings shall not be
270	270	8 included.
271	271	9 (b-4) Modification of maintenance orders entered before
272	272	10 January 1, 2019. For any order for maintenance or unallocated
273	273	11 maintenance and child support entered before January 1, 2019
274	274	12 that is modified after December 31, 2018, payments thereunder
275	275	13 shall continue to retain the same tax treatment for federal
276	276	14 income tax purposes unless both parties expressly agree
277	277	15 otherwise and the agreement is included in the modification
278	278	16 order.
279	279	17 (b-4.5) Maintenance designation.
280	280	18 (1) Fixed-term maintenance. If a court grants
281	281	19 maintenance for a fixed term, the court shall designate
282	282	20 the termination of the period during which this
283	283	21 maintenance is to be paid. Maintenance is barred after the
284	284	22 end of the period during which fixed-term maintenance is
285	285	23 to be paid.
286	286	24 (2) Indefinite maintenance. If a court grants
287	287	25 maintenance for an indefinite term, the court shall not
288	288	26 designate a termination date. Indefinite maintenance shall
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299	299	1 continue until modification or termination under Section
300	300	2 510.
301	301	3 (3) Reviewable maintenance. If a court grants
302	302	4 maintenance for a specific term with a review, the court
303	303	5 shall designate the period of the specific term and state
304	304	6 that the maintenance is reviewable. Upon review, the court
305	305	7 shall make a finding in accordance with subdivision (b-8)
306	306	8 of this Section, unless the maintenance is modified or
307	307	9 terminated under Section 510.
308	308	10 (b-5) Interest on maintenance. Any maintenance obligation
309	309	11 including any unallocated maintenance and child support
310	310	12 obligation, or any portion of any support obligation, that
311	311	13 becomes due and remains unpaid shall accrue simple interest as
312	312	14 set forth in Section 505 of this Act.
313	313	15 (b-7) Maintenance judgments. Any new or existing
314	314	16 maintenance order including any unallocated maintenance and
315	315	17 child support order entered by the court under this Section
316	316	18 shall be deemed to be a series of judgments against the person
317	317	19 obligated to pay support thereunder. Each such judgment to be
318	318	20 in the amount of each payment or installment of support and
319	319	21 each such judgment to be deemed entered as of the date the
320	320	22 corresponding payment or installment becomes due under the
321	321	23 terms of the support order, except no judgment shall arise as
322	322	24 to any installment coming due after the termination of
323	323	25 maintenance as provided by Section 510 of the Illinois
324	324	26 Marriage and Dissolution of Marriage Act or the provisions of
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335	335	1 any order for maintenance. Each such judgment shall have the
336	336	2 full force, effect and attributes of any other judgment of
337	337	3 this State, including the ability to be enforced.
338	338	4 Notwithstanding any other State or local law to the contrary,
339	339	5 a lien arises by operation of law against the real and personal
340	340	6 property of the obligor for each installment of overdue
341	341	7 support owed by the obligor.
342	342	8 (b-8) Review of maintenance. Upon review of any previously
343	343	9 ordered maintenance award, the court may extend maintenance
344	344	10 for further review, extend maintenance for a fixed
345	345	11 non-modifiable term, extend maintenance for an indefinite
346	346	12 term, or permanently terminate maintenance in accordance with
347	347	13 subdivision (b-1)(1)(A) of this Section.
348	348	14 (c) Maintenance during an appeal. The court may grant and
349	349	15 enforce the payment of maintenance during the pendency of an
350	350	16 appeal as the court shall deem reasonable and proper.
351	351	17 (d) (Blank). Maintenance during imprisonment. No
352	352	18 maintenance shall accrue during the period in which a party is
353	353	19 imprisoned for failure to comply with the court's order for
354	354	20 the payment of such maintenance.
355	355	21 (e) Fees when maintenance is paid through the clerk. When
356	356	22 maintenance is to be paid through the clerk of the court in a
357	357	23 county of 500,000 inhabitants or less, the order shall direct
358	358	24 the obligor to pay to the clerk, in addition to the maintenance
359	359	25 payments, all fees imposed by the county board under paragraph
360	360	26 (4) of subsection (bb) of Section 27.1a of the Clerks of Courts
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371	371	1 Act. When maintenance is to be paid through the clerk of the
372	372	2 court in a county of more than 500,000 but less than 3,000,000
373	373	3 inhabitants, the order shall direct the obligor to pay to the
374	374	4 clerk, in addition to the maintenance payments, all fees
375	375	5 imposed by the county board under paragraph (4) of subsection
376	376	6 (bb) of Section 27.2 of the Clerks of Courts Act. Unless paid
377	377	7 in cash or pursuant to an order for withholding, the payment of
378	378	8 the fee shall be by a separate instrument from the support
379	379	9 payment and shall be made to the order of the Clerk.
380	380	10 (f) Maintenance secured by life insurance. An award
381	381	11 ordered by a court upon entry of a dissolution judgment or upon
382	382	12 entry of an award of maintenance following a reservation of
383	383	13 maintenance in a dissolution judgment may be reasonably
384	384	14 secured, in whole or in part, by life insurance on the payor's
385	385	15 life on terms as to which the parties agree or, if the parties
386	386	16 do not agree, on such terms determined by the court, subject to
387	387	17 the following:
388	388	18 (1) With respect to existing life insurance, provided
389	389	19 the court is apprised through evidence, stipulation, or
390	390	20 otherwise as to level of death benefits, premium, and
391	391	21 other relevant data and makes findings relative thereto,
392	392	22 the court may allocate death benefits, the right to assign
393	393	23 death benefits, or the obligation for future premium
394	394	24 payments between the parties as it deems just.
395	395	25 (2) To the extent the court determines that its award
396	396	26 should be secured, in whole or in part, by new life
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399	399
400	400
401	401
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403	403
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407	407	1 insurance on the payor's life, the court may only order:
408	408	2 (i) that the payor cooperate on all appropriate
409	409	3 steps for the payee to obtain such new life insurance;
410	410	4 and
411	411	5 (ii) that the payee, at his or her sole option and
412	412	6 expense, may obtain such new life insurance on the
413	413	7 payor's life up to a maximum level of death benefit
414	414	8 coverage, or descending death benefit coverage, as is
415	415	9 set by the court, such level not to exceed a reasonable
416	416	10 amount in light of the court's award, with the payee or
417	417	11 the payee's designee being the beneficiary of such
418	418	12 life insurance.
419	419	13 In determining the maximum level of death benefit
420	420	14 coverage, the court shall take into account all relevant
421	421	15 facts and circumstances, including the impact on access to
422	422	16 life insurance by the maintenance payor. If in resolving
423	423	17 any issues under paragraph (2) of this subsection (f) a
424	424	18 court reviews any submitted or proposed application for
425	425	19 new insurance on the life of a maintenance payor, the
426	426	20 review shall be in camera.
427	427	21 (3) (Blank).
428	428	22 (Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17;
429	429	23 100-520, eff. 1-1-18 (see Section 5 of P.A. 100-565 for the
430	430	24 effective date of P.A. 100-520); 100-923, eff. 1-1-19.)
431	431	25 (750 ILCS 5/505) (from Ch. 40, par. 505)
432	432
433	433
434	434
435	435
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442	442	1 Sec. 505. Child support; contempt; penalties.
443	443	2 (a) In a proceeding for dissolution of marriage, legal
444	444	3 separation, declaration of invalidity of marriage, or
445	445	4 dissolution of a civil union, a proceeding for child support
446	446	5 following a legal separation or dissolution of the marriage or
447	447	6 civil union by a court that lacked personal jurisdiction over
448	448	7 the absent spouse, a proceeding for modification of a previous
449	449	8 order for child support under Section 510 of this Act, or any
450	450	9 proceeding authorized under Section 501 or 601 of this Act,
451	451	10 the court may order either or both parents owing a duty of
452	452	11 support to a child of the marriage or civil union to pay an
453	453	12 amount reasonable and necessary for support. The duty of
454	454	13 support owed to a child includes the obligation to provide for
455	455	14 the reasonable and necessary physical, mental and emotional
456	456	15 health needs of the child. For purposes of this Section, the
457	457	16 term "child" shall include any child under age 18 and any child
458	458	17 age 19 or younger who is still attending high school. For
459	459	18 purposes of this Section, the term "obligor" means the parent
460	460	19 obligated to pay support to the other parent.
461	461	20 (1) Child support guidelines. The Illinois Department
462	462	21 of Healthcare and Family Services shall adopt rules
463	463	22 establishing child support guidelines which include
464	464	23 worksheets to aid in the calculation of the child support
465	465	24 obligations and a schedule of basic child support
466	466	25 obligations that reflects the percentage of combined net
467	467	26 income that parents living in the same household in this
468	468
469	469
470	470
471	471
472	472
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474	474
475	475
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477	477	HB2330 - 13 - LRB103 26819 LNS 53183 b
478	478	1 State ordinarily spend on their child. The child support
479	479	2 guidelines have the following purposes:
480	480	3 (A) to establish as State policy an adequate
481	481	4 standard of support for a child, subject to the
482	482	5 ability of parents to pay;
483	483	6 (B) to make child support obligations more
484	484	7 equitable by ensuring more consistent treatment of
485	485	8 parents in similar circumstances;
486	486	9 (C) to improve the efficiency of the court process
487	487	10 by promoting settlements and giving courts and the
488	488	11 parties guidance in establishing levels of child
489	489	12 support;
490	490	13 (D) to calculate child support based upon the
491	491	14 parents' combined net income estimated to have been
492	492	15 allocated for the support of the child if the parents
493	493	16 and child were living in an intact household;
494	494	17 (E) to adjust child support based upon the needs
495	495	18 of the child; and
496	496	19 (F) to allocate the amount of child support to be
497	497	20 paid by each parent based upon a parent's net income
498	498	21 and the child's physical care arrangements.
499	499	22 (1.5) Computation of basic child support obligation.
500	500	23 The court shall compute the basic child support obligation
501	501	24 by taking the following steps:
502	502	25 (A) determine each parent's monthly net income;
503	503	26 (B) add the parents' monthly net incomes together
504	504
505	505
506	506
507	507
508	508
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510	510
511	511
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513	513	HB2330 - 14 - LRB103 26819 LNS 53183 b
514	514	1 to determine the combined monthly net income of the
515	515	2 parents;
516	516	3 (C) select the corresponding appropriate amount
517	517	4 from the schedule of basic child support obligations
518	518	5 based on the parties' combined monthly net income and
519	519	6 number of children of the parties; and
520	520	7 (D) calculate each parent's percentage share of
521	521	8 the basic child support obligation.
522	522	9 Although a monetary obligation is computed for each
523	523	10 parent as child support, the receiving parent's share is
524	524	11 not payable to the other parent and is presumed to be spent
525	525	12 directly on the child.
526	526	13 (2) Duty of support. The court shall determine child
527	527	14 support in each case by applying the child support
528	528	15 guidelines unless the court makes a finding that
529	529	16 application of the guidelines would be inappropriate,
530	530	17 after considering the best interests of the child and
531	531	18 evidence which shows relevant factors including, but not
532	532	19 limited to, one or more of the following:
533	533	20 (A) the financial resources and needs of the
534	534	21 child;
535	535	22 (B) the financial resources and needs of the
536	536	23 parents;
537	537	24 (C) the standard of living the child would have
538	538	25 enjoyed had the marriage or civil union not been
539	539	26 dissolved; and
540	540
541	541
542	542
543	543
544	544
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546	546
547	547
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549	549	HB2330 - 15 - LRB103 26819 LNS 53183 b
550	550	1 (D) the physical and emotional condition of the
551	551	2 child and his or her educational needs.
552	552	3 (3) Income.
553	553	4 (A) As used in this Section, "gross income" means
554	554	5 the total of all income from all sources, except
555	555	6 "gross income" does not include (i) benefits received
556	556	7 by the parent from means-tested public assistance
557	557	8 programs, including, but not limited to, Temporary
558	558	9 Assistance for Needy Families, Supplemental Security
559	559	10 Income, and the Supplemental Nutrition Assistance
560	560	11 Program or (ii) benefits and income received by the
561	561	12 parent for other children in the household, including,
562	562	13 but not limited to, child support, survivor benefits,
563	563	14 and foster care payments. Social security disability
564	564	15 and retirement benefits paid for the benefit of the
565	565	16 subject child must be included in the disabled or
566	566	17 retired parent's gross income for purposes of
567	567	18 calculating the parent's child support obligation, but
568	568	19 the parent is entitled to a child support credit for
569	569	20 the amount of benefits paid to the other party for the
570	570	21 child. "Gross income" includes maintenance treated as
571	571	22 taxable income for federal income tax purposes to the
572	572	23 payee and received pursuant to a court order in the
573	573	24 pending proceedings or any other proceedings and shall
574	574	25 be included in the payee's gross income for purposes
575	575	26 of calculating the parent's child support obligation.
576	576
577	577
578	578
579	579
580	580
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582	582
583	583
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585	585	HB2330 - 16 - LRB103 26819 LNS 53183 b
586	586	1 (B) As used in this Section, "net income" means
587	587	2 gross income minus either the standardized tax amount
588	588	3 calculated pursuant to subparagraph (C) of this
589	589	4 paragraph (3) or the individualized tax amount
590	590	5 calculated pursuant to subparagraph (D) of this
591	591	6 paragraph (3), and minus any adjustments pursuant to
592	592	7 subparagraph (F) of this paragraph (3). The
593	593	8 standardized tax amount shall be used unless the
594	594	9 requirements for an individualized tax amount set
595	595	10 forth in subparagraph (E) of this paragraph (3) are
596	596	11 met. "Net income" includes maintenance not includable
597	597	12 in the gross taxable income of the payee for federal
598	598	13 income tax purposes under a court order in the pending
599	599	14 proceedings or any other proceedings and shall be
600	600	15 included in the payee's net income for purposes of
601	601	16 calculating the parent's child support obligation.
602	602	17 (C) As used in this Section, "standardized tax
603	603	18 amount" means the total of federal and state income
604	604	19 taxes for a single person claiming the standard tax
605	605	20 deduction, one personal exemption, and the applicable
606	606	21 number of dependency exemptions for the minor child or
607	607	22 children of the parties, and Social Security and
608	608	23 Medicare tax calculated at the Federal Insurance
609	609	24 Contributions Act rate.
610	610	25 (I) Unless a court has determined otherwise or
611	611	26 the parties otherwise agree, the party with the
612	612
613	613
614	614
615	615
616	616
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618	618
619	619
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622	622	1 majority of parenting time shall be deemed
623	623	2 entitled to claim the dependency exemption for the
624	624	3 parties' minor child.
625	625	4 (II) The Illinois Department of Healthcare and
626	626	5 Family Services shall promulgate a standardized
627	627	6 net income conversion table that computes net
628	628	7 income by deducting the standardized tax amount
629	629	8 from gross income.
630	630	9 (D) As used in this Section, "individualized tax
631	631	10 amount" means the aggregate of the following taxes:
632	632	11 (I) federal income tax (properly calculated
633	633	12 withholding or estimated payments);
634	634	13 (II) State income tax (properly calculated
635	635	14 withholding or estimated payments); and
636	636	15 (III) Social Security or self-employment tax,
637	637	16 if applicable (or, if none, mandatory retirement
638	638	17 contributions required by law or as a condition of
639	639	18 employment) and Medicare tax calculated at the
640	640	19 Federal Insurance Contributions Act rate.
641	641	20 (E) In lieu of a standardized tax amount, a
642	642	21 determination of an individualized tax amount may be
643	643	22 made under items (I), (II), or (III) below. If an
644	644	23 individualized tax amount determination is made under
645	645	24 this subparagraph (E), all relevant tax attributes
646	646	25 (including filing status, allocation of dependency
647	647	26 exemptions, and whether a party is to claim the use of
648	648
649	649
650	650
651	651
652	652
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654	654
655	655
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657	657	HB2330 - 18 - LRB103 26819 LNS 53183 b
658	658	1 the standard deduction or itemized deductions for
659	659	2 federal income tax purposes) shall be as the parties
660	660	3 agree or as the court determines. To determine a
661	661	4 party's reported income, the court may order the party
662	662	5 to complete an Internal Revenue Service Form 4506-T,
663	663	6 Request for Tax Transcript.
664	664	7 (I) Agreement. Irrespective of whether the
665	665	8 parties agree on any other issue before the court,
666	666	9 if they jointly stipulate for the record their
667	667	10 concurrence on a computation method for the
668	668	11 individualized tax amount that is different from
669	669	12 the method set forth under subparagraph (D), the
670	670	13 stipulated method shall be used by the court
671	671	14 unless the court rejects the proposed stipulated
672	672	15 method for good cause.
673	673	16 (II) Summary hearing. If the court determines
674	674	17 child support in a summary hearing under Section
675	675	18 501 and an eligible party opts in to the
676	676	19 individualized tax amount method under this item
677	677	20 (II), the individualized tax amount shall be
678	678	21 determined by the court on the basis of
679	679	22 information contained in one or both parties'
680	680	23 Supreme Court approved Financial Affidavit (Family &
681	681	24 Divorce Cases) and relevant supporting documents
682	682	25 under applicable court rules. No party, however,
683	683	26 is eligible to opt in unless the party, under
684	684
685	685
686	686
687	687
688	688
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690	690
691	691
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694	694	1 applicable court rules, has served the other party
695	695	2 with the required Supreme Court approved Financial
696	696	3 Affidavit (Family & Divorce Cases) and has
697	697	4 substantially produced supporting documents
698	698	5 required by the applicable court rules.
699	699	6 (III) Evidentiary hearing. If the court
700	700	7 determines child support in an evidentiary
701	701	8 hearing, whether for purposes of a temporary order
702	702	9 or at the conclusion of a proceeding, item (II) of
703	703	10 this subparagraph (E) does not apply. In each such
704	704	11 case (unless item (I) governs), the individualized
705	705	12 tax amount shall be as determined by the court on
706	706	13 the basis of the record established.
707	707	14 (F) Adjustments to income.
708	708	15 (I) Multi-family adjustment. If a parent is
709	709	16 also legally responsible for support of a child
710	710	17 not shared with the other parent and not subject
711	711	18 to the present proceeding, there shall be an
712	712	19 adjustment to net income as follows:
713	713	20 (i) Multi-family adjustment with court
714	714	21 order. The court shall deduct from the
715	715	22 parent's net income the amount of child
716	716	23 support actually paid by the parent pursuant
717	717	24 to a support order unless the court makes a
718	718	25 finding that it would cause economic hardship
719	719	26 to the child.
720	720
721	721
722	722
723	723
724	724
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726	726
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730	730	1 (ii) Multi-family adjustment without court
731	731	2 order. Upon the request or application of a
732	732	3 parent actually supporting a presumed,
733	733	4 acknowledged, or adjudicated child living in
734	734	5 or outside of that parent's household, there
735	735	6 shall be an adjustment to child support. The
736	736	7 court shall deduct from the parent's net
737	737	8 income the amount of financial support
738	738	9 actually paid by the parent for the child or
739	739	10 75% of the support the parent should pay under
740	740	11 the child support guidelines (before this
741	741	12 adjustment), whichever is less, unless the
742	742	13 court makes a finding that it would cause
743	743	14 economic hardship to the child. The adjustment
744	744	15 shall be calculated using that parent's income
745	745	16 alone.
746	746	17 (II) Spousal Maintenance adjustment.
747	747	18 Obligations pursuant to a court order for spousal
748	748	19 maintenance in the pending proceeding actually
749	749	20 paid or payable to the same party to whom child
750	750	21 support is to be payable or actually paid to a
751	751	22 former spouse pursuant to a court order shall be
752	752	23 deducted from the parent's after-tax income,
753	753	24 unless the maintenance obligation is tax
754	754	25 deductible to the payor for federal income tax
755	755	26 purposes, in which case it shall be deducted from
756	756
757	757
758	758
759	759
760	760
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762	762
763	763
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766	766	1 the payor's gross income for purposes of
767	767	2 calculating the parent's child support obligation.
768	768	3 (3.1) Business income. For purposes of calculating
769	769	4 child support, net business income from the operation of a
770	770	5 business means gross receipts minus ordinary and necessary
771	771	6 expenses required to carry on the trade or business. As
772	772	7 used in this paragraph, "business" includes, but is not
773	773	8 limited to, sole proprietorships, closely held
774	774	9 corporations, partnerships, other flow-through business
775	775	10 entities, and self-employment. The court shall apply the
776	776	11 following:
777	777	12 (A) The accelerated component of depreciation and
778	778	13 any business expenses determined either judicially or
779	779	14 administratively to be inappropriate or excessive
780	780	15 shall be excluded from the total of ordinary and
781	781	16 necessary business expenses to be deducted in the
782	782	17 determination of net business income from gross
783	783	18 business income.
784	784	19 (B) Any item of reimbursement or in-kind payment
785	785	20 received by a parent from a business, including, but
786	786	21 not limited to, a company car, reimbursed meals, free
787	787	22 housing, or a housing allowance, shall be counted as
788	788	23 income if not otherwise included in the recipient's
789	789	24 gross income, if the item is significant in amount and
790	790	25 reduces personal expenses.
791	791	26 (3.2) Unemployment or underemployment. If a parent is
792	792
793	793
794	794
795	795
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798	798
799	799
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802	802	1 voluntarily unemployed or underemployed, child support
803	803	2 shall be calculated based on a determination of potential
804	804	3 income. A determination of potential income shall be made
805	805	4 by determining employment potential and probable earnings
806	806	5 level based on the obligor's work history, occupational
807	807	6 qualifications, prevailing job opportunities, the
808	808	7 ownership by a parent of a substantial non-income
809	809	8 producing asset, and earnings levels in the community,
810	810	9 employment barriers, and other relevant background factors
811	811	10 in the case. Incarceration shall not be considered
812	812	11 voluntary unemployment for child support purposes in
813	813	12 establishing or modifying child support. If there is
814	814	13 insufficient work history to determine employment
815	815	14 potential and probable earnings level, there shall be a
816	816	15 rebuttable presumption that the parent's potential income
817	817	16 is 75% of the most recent United States Department of
818	818	17 Health and Human Services Federal Poverty Guidelines for a
819	819	18 family of one person.
820	820	19 (3.3) Rebuttable presumption in favor of guidelines.
821	821	20 There is a rebuttable presumption in any judicial or
822	822	21 administrative proceeding for child support that the
823	823	22 amount of the child support obligation that would result
824	824	23 from the application of the child support guidelines is
825	825	24 the correct amount of child support.
826	826	25 (3.3a) Minimum child support obligation. There is a
827	827	26 rebuttable presumption that a minimum child support
828	828
829	829
830	830
831	831
832	832
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834	834
835	835
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837	837	HB2330 - 23 - LRB103 26819 LNS 53183 b
838	838	1 obligation of $40 per month, per child, will be entered
839	839	2 for an obligor who has actual or imputed gross income at or
840	840	3 less than 75% of the most recent United States Department
841	841	4 of Health and Human Services Federal Poverty Guidelines
842	842	5 for a family of one person, with a maximum total child
843	843	6 support obligation for that obligor of $120 per month to
844	844	7 be divided equally among all of the obligor's children.
845	845	8 (3.3b) Zero dollar child support order. For parents
846	846	9 with no gross income, who receive only means-tested
847	847	10 assistance, or who cannot work due to a medically proven
848	848	11 disability, incarceration, or institutionalization, there
849	849	12 is a rebuttable presumption that the $40 per month minimum
850	850	13 support order is inapplicable and a zero dollar order
851	851	14 shall be entered.
852	852	15 (3.4) Deviation factors. In any action to establish or
853	853	16 modify child support, whether pursuant to a temporary or
854	854	17 final administrative or court order, the child support
855	855	18 guidelines shall be used as a rebuttable presumption for
856	856	19 the establishment or modification of the amount of child
857	857	20 support. The court may deviate from the child support
858	858	21 guidelines if the application would be inequitable,
859	859	22 unjust, or inappropriate. Any deviation from the
860	860	23 guidelines shall be accompanied by written findings by the
861	861	24 court specifying the reasons for the deviation and the
862	862	25 presumed amount under the child support guidelines without
863	863	26 a deviation. These reasons may include:
864	864
865	865
866	866
867	867
868	868
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870	870
871	871
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874	874	1 (A) extraordinary medical expenditures necessary
875	875	2 to preserve the life or health of a party or a child of
876	876	3 either or both of the parties;
877	877	4 (B) additional expenses incurred for a child
878	878	5 subject to the child support order who has special
879	879	6 medical, physical, or developmental needs; and
880	880	7 (C) any other factor the court determines should
881	881	8 be applied upon a finding that the application of the
882	882	9 child support guidelines would be inappropriate, after
883	883	10 considering the best interest of the child.
884	884	11 (3.5) Income in excess of the schedule of basic child
885	885	12 support obligation. A court may use its discretion to
886	886	13 determine child support if the combined adjusted net
887	887	14 income of the parties exceeds the highest level of the
888	888	15 schedule of basic child support obligation, except that
889	889	16 the basic child support obligation shall not be less than
890	890	17 the highest level of combined net income set forth in the
891	891	18 schedule of basic child support obligation.
892	892	19 (3.6) Extracurricular activities and school expenses.
893	893	20 The court, in its discretion, in addition to the basic
894	894	21 child support obligation, may order either or both parents
895	895	22 owing a duty of support to the child to contribute to the
896	896	23 reasonable school and extracurricular activity expenses
897	897	24 incurred which are intended to enhance the educational,
898	898	25 athletic, social, or cultural development of the child.
899	899	26 (3.7) Child care expenses. The court, in its
900	900
901	901
902	902
903	903
904	904
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910	910	1 discretion, in addition to the basic child support
911	911	2 obligation, may order either or both parents owing a duty
912	912	3 of support to the child to contribute to the reasonable
913	913	4 child care expenses of the child. The child care expenses
914	914	5 shall be made payable directly to a party or directly to
915	915	6 the child care provider at the time of child care
916	916	7 services.
917	917	8 (A) "Child care expenses" means actual expenses
918	918	9 reasonably necessary to enable a parent or non-parent
919	919	10 custodian to be employed, to attend educational or
920	920	11 vocational training programs to improve employment
921	921	12 opportunities, or to search for employment. "Child
922	922	13 care expenses" also includes deposits for securing
923	923	14 placement in a child care program, the cost of before
924	924	15 and after school care, and camps when school is not in
925	925	16 session. A child's special needs shall be a
926	926	17 consideration in determining reasonable child care
927	927	18 expenses.
928	928	19 (B) Child care expenses shall be prorated in
929	929	20 proportion to each parent's percentage share of
930	930	21 combined net income, and may be added to the basic
931	931	22 child support obligation if not paid directly by each
932	932	23 parent to the provider of child care services. The
933	933	24 obligor's and obligee's portion of actual child care
934	934	25 expenses shall appear in the support order. If
935	935	26 allowed, the value of the federal income tax credit
936	936
937	937
938	938
939	939
940	940
941	941	HB2330 - 25 - LRB103 26819 LNS 53183 b
942	942
943	943
944	944	HB2330- 26 -LRB103 26819 LNS 53183 b HB2330 - 26 - LRB103 26819 LNS 53183 b
945	945	HB2330 - 26 - LRB103 26819 LNS 53183 b
946	946	1 for child care shall be subtracted from the actual
947	947	2 cost to determine the net child care costs.
948	948	3 (C) The amount of child care expenses shall be
949	949	4 adequate to obtain reasonable and necessary child
950	950	5 care. The actual child care expenses shall be used to
951	951	6 calculate the child care expenses, if available. When
952	952	7 actual child care expenses vary, the actual child care
953	953	8 expenses may be averaged over the most recent 12-month
954	954	9 period. When a parent is temporarily unemployed or
955	955	10 temporarily not attending educational or vocational
956	956	11 training programs, future child care expenses shall be
957	957	12 based upon prospective expenses to be incurred upon
958	958	13 return to employment or educational or vocational
959	959	14 training programs.
960	960	15 (D) An order for child care expenses may be
961	961	16 modified upon a showing of a substantial change in
962	962	17 circumstances. The party incurring child care expenses
963	963	18 shall notify the other party within 14 days of any
964	964	19 change in the amount of child care expenses that would
965	965	20 affect the annualized child care amount as determined
966	966	21 in the support order.
967	967	22 (3.8) Shared physical care. If each parent exercises
968	968	23 146 or more overnights per year with the child, the basic
969	969	24 child support obligation is multiplied by 1.5 to calculate
970	970	25 the shared care child support obligation. The court shall
971	971	26 determine each parent's share of the shared care child
972	972
973	973
974	974
975	975
976	976
977	977	HB2330 - 26 - LRB103 26819 LNS 53183 b
978	978
979	979
980	980	HB2330- 27 -LRB103 26819 LNS 53183 b HB2330 - 27 - LRB103 26819 LNS 53183 b
981	981	HB2330 - 27 - LRB103 26819 LNS 53183 b
982	982	1 support obligation based on the parent's percentage share
983	983	2 of combined net income. The child support obligation is
984	984	3 then computed for each parent by multiplying that parent's
985	985	4 portion of the shared care support obligation by the
986	986	5 percentage of time the child spends with the other parent.
987	987	6 The respective child support obligations are then offset,
988	988	7 with the parent owing more child support paying the
989	989	8 difference between the child support amounts. The Illinois
990	990	9 Department of Healthcare and Family Services shall
991	991	10 promulgate a worksheet to calculate child support in cases
992	992	11 in which the parents have shared physical care and use the
993	993	12 standardized tax amount to determine net income.
994	994	13 (3.9) Split physical care. When there is more than one
995	995	14 child and each parent has physical care of at least one but
996	996	15 not all of the children, the support is calculated by
997	997	16 using 2 child support worksheets to determine the support
998	998	17 each parent owes the other. The support shall be
999	999	18 calculated as follows:
1000	1000	19 (A) compute the support the first parent would owe
1001	1001	20 to other parent as if the child in his or her care was
1002	1002	21 the only child of the parties; then
1003	1003	22 (B) compute the support the other parent would owe
1004	1004	23 to the first parent as if the child in his or her care
1005	1005	24 were the only child of the parties; then
1006	1006	25 (C) subtract the lesser support obligation from
1007	1007	26 the greater.
1008	1008
1009	1009
1010	1010
1011	1011
1012	1012
1013	1013	HB2330 - 27 - LRB103 26819 LNS 53183 b
1014	1014
1015	1015
1016	1016	HB2330- 28 -LRB103 26819 LNS 53183 b HB2330 - 28 - LRB103 26819 LNS 53183 b
1017	1017	HB2330 - 28 - LRB103 26819 LNS 53183 b
1018	1018	1 The parent who owes the greater obligation shall be
1019	1019	2 ordered to pay the difference in support to the other
1020	1020	3 parent, unless the court determines, pursuant to other
1021	1021	4 provisions of this Section, that it should deviate from
1022	1022	5 the guidelines.
1023	1023	6 (4) Health care to be addressed by the court.
1024	1024	7 (A) A portion of the basic child support
1025	1025	8 obligation is intended to cover basic ordinary
1026	1026	9 out-of-pocket medical expenses. The court, in its
1027	1027	10 discretion, in addition to the basic child support
1028	1028	11 obligation, shall also provide for the child's current
1029	1029	12 and future medical needs by ordering either or both
1030	1030	13 parents to initiate health insurance coverage for the
1031	1031	14 child through currently effective health insurance
1032	1032	15 policies held by the parent or parents, purchase one
1033	1033	16 or more or all health, dental, or vision insurance
1034	1034	17 policies for the child, or provide for the child's
1035	1035	18 current and future medical needs through some other
1036	1036	19 manner.
1037	1037	20 (B) The court, in its discretion, may order either
1038	1038	21 or both parents to contribute to the reasonable health
1039	1039	22 care needs of the child not covered by insurance,
1040	1040	23 including, but not limited to, unreimbursed medical,
1041	1041	24 dental, orthodontic, or vision expenses and any
1042	1042	25 prescription medication for the child not covered
1043	1043	26 under the child's health insurance.
1044	1044
1045	1045
1046	1046
1047	1047
1048	1048
1049	1049	HB2330 - 28 - LRB103 26819 LNS 53183 b
1050	1050
1051	1051
1052	1052	HB2330- 29 -LRB103 26819 LNS 53183 b HB2330 - 29 - LRB103 26819 LNS 53183 b
1053	1053	HB2330 - 29 - LRB103 26819 LNS 53183 b
1054	1054	1 (C) If neither parent has access to appropriate
1055	1055	2 private health insurance coverage, the court may
1056	1056	3 order:
1057	1057	4 (I) one or both parents to provide health
1058	1058	5 insurance coverage at any time it becomes
1059	1059	6 available at a reasonable cost; or
1060	1060	7 (II) the parent or non-parent custodian with
1061	1061	8 primary physical responsibility for the child to
1062	1062	9 apply for public health insurance coverage for the
1063	1063	10 child and require either or both parents to pay a
1064	1064	11 reasonable amount of the cost of health insurance
1065	1065	12 for the child.
1066	1066	13 The order may also provide that any time private
1067	1067	14 health insurance coverage is available at a reasonable
1068	1068	15 cost to that party it will be provided instead of cash
1069	1069	16 medical support. As used in this Section, "cash
1070	1070	17 medical support" means an amount ordered to be paid
1071	1071	18 toward the cost of health insurance provided by a
1072	1072	19 public entity or by another person through employment
1073	1073	20 or otherwise or for other medical costs not covered by
1074	1074	21 insurance.
1075	1075	22 (D) The amount to be added to the basic child
1076	1076	23 support obligation shall be the actual amount of the
1077	1077	24 total health insurance premium that is attributable to
1078	1078	25 the child who is the subject of the order. If this
1079	1079	26 amount is not available or cannot be verified, the
1080	1080
1081	1081
1082	1082
1083	1083
1084	1084
1085	1085	HB2330 - 29 - LRB103 26819 LNS 53183 b
1086	1086
1087	1087
1088	1088	HB2330- 30 -LRB103 26819 LNS 53183 b HB2330 - 30 - LRB103 26819 LNS 53183 b
1089	1089	HB2330 - 30 - LRB103 26819 LNS 53183 b
1090	1090	1 total cost of the health insurance premium shall be
1091	1091	2 divided by the total number of persons covered by the
1092	1092	3 policy. The cost per person derived from this
1093	1093	4 calculation shall be multiplied by the number of
1094	1094	5 children who are the subject of the order and who are
1095	1095	6 covered under the health insurance policy. This amount
1096	1096	7 shall be added to the basic child support obligation
1097	1097	8 and shall be allocated between the parents in
1098	1098	9 proportion to their respective net incomes.
1099	1099	10 (E) After the health insurance premium for the
1100	1100	11 child is added to the basic child support obligation
1101	1101	12 and allocated between the parents in proportion to
1102	1102	13 their respective incomes for child support purposes,
1103	1103	14 if the obligor is paying the premium, the amount
1104	1104	15 calculated for the obligee's share of the health
1105	1105	16 insurance premium for the child shall be deducted from
1106	1106	17 the obligor's share of the total child support
1107	1107	18 obligation. If the obligee is paying for private
1108	1108	19 health insurance for the child, the child support
1109	1109	20 obligation shall be increased by the obligor's share
1110	1110	21 of the premium payment. The obligor's and obligee's
1111	1111	22 portion of health insurance costs shall appear in the
1112	1112	23 support order.
1113	1113	24 (F) Prior to allowing the health insurance
1114	1114	25 adjustment, the parent requesting the adjustment must
1115	1115	26 submit proof that the child has been enrolled in a
1116	1116
1117	1117
1118	1118
1119	1119
1120	1120
1121	1121	HB2330 - 30 - LRB103 26819 LNS 53183 b
1122	1122
1123	1123
1124	1124	HB2330- 31 -LRB103 26819 LNS 53183 b HB2330 - 31 - LRB103 26819 LNS 53183 b
1125	1125	HB2330 - 31 - LRB103 26819 LNS 53183 b
1126	1126	1 health insurance plan and must submit proof of the
1127	1127	2 cost of the premium. The court shall require the
1128	1128	3 parent receiving the adjustment to annually submit
1129	1129	4 proof of continued coverage of the child to the other
1130	1130	5 parent, or as designated by the court.
1131	1131	6 (G) A reasonable cost for providing health
1132	1132	7 insurance coverage for the child may not exceed 5% of
1133	1133	8 the providing parent's gross income. Parents with a
1134	1134	9 net income below 133% of the most recent United States
1135	1135	10 Department of Health and Human Services Federal
1136	1136	11 Poverty Guidelines or whose child is covered by
1137	1137	12 Medicaid based on that parent's income may not be
1138	1138	13 ordered to contribute toward or provide private
1139	1139	14 coverage, unless private coverage is obtainable
1140	1140	15 without any financial contribution by that parent.
1141	1141	16 (H) If dental or vision insurance is included as
1142	1142	17 part of the employer's medical plan, the coverage
1143	1143	18 shall be maintained for the child. If not included in
1144	1144	19 the employer's medical plan, adding the dental or
1145	1145	20 vision insurance for the child is at the discretion of
1146	1146	21 the court.
1147	1147	22 (I) If a parent has been directed to provide
1148	1148	23 health insurance pursuant to this paragraph and that
1149	1149	24 parent's spouse or legally recognized partner provides
1150	1150	25 the insurance for the benefit of the child either
1151	1151	26 directly or through employment, a credit on the child
1152	1152
1153	1153
1154	1154
1155	1155
1156	1156
1157	1157	HB2330 - 31 - LRB103 26819 LNS 53183 b
1158	1158
1159	1159
1160	1160	HB2330- 32 -LRB103 26819 LNS 53183 b HB2330 - 32 - LRB103 26819 LNS 53183 b
1161	1161	HB2330 - 32 - LRB103 26819 LNS 53183 b
1162	1162	1 support worksheet shall be given to that parent in the
1163	1163	2 same manner as if the premium were paid by that parent.
1164	1164	3 (4.5) In a proceeding for child support following
1165	1165	4 dissolution of the marriage or civil union by a court that
1166	1166	5 lacked personal jurisdiction over the absent spouse, and
1167	1167	6 in which the court is requiring payment of support for the
1168	1168	7 period before the date an order for current support is
1169	1169	8 entered, there is a rebuttable presumption that the
1170	1170	9 obligor's net income for the prior period was the same as
1171	1171	10 his or her net income at the time the order for current
1172	1172	11 support is entered.
1173	1173	12 (5) If the net income cannot be determined because of
1174	1174	13 default or any other reason, the court shall order support
1175	1175	14 in an amount considered reasonable in the particular case.
1176	1176	15 The final order in all cases shall state the support level
1177	1177	16 in dollar amounts. However, if the court finds that the
1178	1178	17 child support amount cannot be expressed exclusively as a
1179	1179	18 dollar amount because all or a portion of the obligor's
1180	1180	19 net income is uncertain as to source, time of payment, or
1181	1181	20 amount, the court may order a percentage amount of support
1182	1182	21 in addition to a specific dollar amount and enter such
1183	1183	22 other orders as may be necessary to determine and enforce,
1184	1184	23 on a timely basis, the applicable support ordered.
1185	1185	24 (6) If (i) the obligor was properly served with a
1186	1186	25 request for discovery of financial information relating to
1187	1187	26 the obligor's ability to provide child support, (ii) the
1188	1188
1189	1189
1190	1190
1191	1191
1192	1192
1193	1193	HB2330 - 32 - LRB103 26819 LNS 53183 b
1194	1194
1195	1195
1196	1196	HB2330- 33 -LRB103 26819 LNS 53183 b HB2330 - 33 - LRB103 26819 LNS 53183 b
1197	1197	HB2330 - 33 - LRB103 26819 LNS 53183 b
1198	1198	1 obligor failed to comply with the request, despite having
1199	1199	2 been ordered to do so by the court, and (iii) the obligor
1200	1200	3 is not present at the hearing to determine support despite
1201	1201	4 having received proper notice, then any relevant financial
1202	1202	5 information concerning the obligor's ability to provide
1203	1203	6 child support that was obtained pursuant to subpoena and
1204	1204	7 proper notice shall be admitted into evidence without the
1205	1205	8 need to establish any further foundation for its
1206	1206	9 admission.
1207	1207	10 (a-3) Life insurance to secure support. At the discretion
1208	1208	11 of the court, a child support obligation pursuant to this
1209	1209	12 Section and Sections 510, 513, and 513.5 of this Act may be
1210	1210	13 secured, in whole or in part, by reasonably affordable life
1211	1211	14 insurance on the life of one or both parents on such terms as
1212	1212	15 the parties agree or as the court orders. The court may require
1213	1213	16 such insurance remain in full force and effect until the
1214	1214	17 termination of all obligations of support, subject to the
1215	1215	18 following:
1216	1216	19 (1) Existing life insurance. The court shall be
1217	1217	20 apprised through evidence, stipulation, or otherwise as to
1218	1218	21 the level, ownership, and type of existing life insurance
1219	1219	22 death benefit coverage available to one or both parents,
1220	1220	23 the cost of the premiums, cost ratings, and escalations
1221	1221	24 and assignment of the policy, if applicable, and all other
1222	1222	25 relevant circumstances. The court shall make findings
1223	1223	26 relative thereto.
1224	1224
1225	1225
1226	1226
1227	1227
1228	1228
1229	1229	HB2330 - 33 - LRB103 26819 LNS 53183 b
1230	1230
1231	1231
1232	1232	HB2330- 34 -LRB103 26819 LNS 53183 b HB2330 - 34 - LRB103 26819 LNS 53183 b
1233	1233	HB2330 - 34 - LRB103 26819 LNS 53183 b
1234	1234	1 (2) New life insurance. The court shall be apprised
1235	1235	2 through evidence, stipulation, or otherwise as to the
1236	1236	3 availability of obtaining reasonably affordable new life
1237	1237	4 insurance. To the extent the court determines that the
1238	1238	5 support obligations should be secured, in whole or in
1239	1239	6 part, by new life insurance on the life of one or both
1240	1240	7 parents, the court may order that one or both parents
1241	1241	8 comply with all requirements to obtain such new life
1242	1242	9 insurance through employment, trade union, fraternal
1243	1243	10 organizations, associations, or individual means.
1244	1244	11 In determining the level and type of death benefits
1245	1245	12 coverage to be obtained by a parent, the court shall
1246	1246	13 consider access and availability of life insurance to that
1247	1247	14 parent, the cost of the premium, cost ratings, and
1248	1248	15 escalations, if applicable, and all other relevant
1249	1249	16 circumstances.
1250	1250	17 (3) Other security. If life insurance is unavailable
1251	1251	18 to a parent, the court, in its discretion, or as agreed to
1252	1252	19 by the parties, may order other equitable and reasonable
1253	1253	20 means to secure a child support obligation.
1254	1254	21 (a-5) In an action to enforce an order for child support
1255	1255	22 based on the obligor's failure to make support payments as
1256	1256	23 required by the order, notice of proceedings to hold the
1257	1257	24 obligor in contempt for that failure may be served on the
1258	1258	25 obligor by personal service or by regular mail addressed to
1259	1259	26 the last known address of the obligor. The last known address
1260	1260
1261	1261
1262	1262
1263	1263
1264	1264
1265	1265	HB2330 - 34 - LRB103 26819 LNS 53183 b
1266	1266
1267	1267
1268	1268	HB2330- 35 -LRB103 26819 LNS 53183 b HB2330 - 35 - LRB103 26819 LNS 53183 b
1269	1269	HB2330 - 35 - LRB103 26819 LNS 53183 b
1270	1270	1 of the obligor may be determined from records of the clerk of
1271	1271	2 the court, from the Federal Case Registry of Child Support
1272	1272	3 Orders, or by any other reasonable means.
1273	1273	4 (b) Failure of either parent to comply with an order to pay
1274	1274	5 support shall be punishable as in other cases of contempt. In
1275	1275	6 addition to other penalties provided by law the court may,
1276	1276	7 after finding the parent guilty of contempt, order that the
1277	1277	8 parent be:
1278	1278	9 (1) placed on probation with such conditions of
1279	1279	10 probation as the court deems advisable;
1280	1280	11 (2) sentenced to periodic imprisonment for a period
1281	1281	12 not to exceed 6 months; provided, however, that the court
1282	1282	13 may permit the parent to be released for periods of time
1283	1283	14 during the day or night to:
1284	1284	15 (A) work; or
1285	1285	16 (B) conduct a business or other self-employed
1286	1286	17 occupation.
1287	1287	18 The court may further order any part or all of the earnings
1288	1288	19 of a parent during a sentence of periodic imprisonment paid to
1289	1289	20 the Clerk of the Circuit Court or to the parent having physical
1290	1290	21 possession of the child or to the non-parent custodian having
1291	1291	22 custody of the child of the sentenced parent for the support of
1292	1292	23 the child until further order of the court.
1293	1293	24 If a parent who is found guilty of contempt for failure to
1294	1294	25 comply with an order to pay support is a person who conducts a
1295	1295	26 business or who is self-employed, the court in addition to
1296	1296
1297	1297
1298	1298
1299	1299
1300	1300
1301	1301	HB2330 - 35 - LRB103 26819 LNS 53183 b
1302	1302
1303	1303
1304	1304	HB2330- 36 -LRB103 26819 LNS 53183 b HB2330 - 36 - LRB103 26819 LNS 53183 b
1305	1305	HB2330 - 36 - LRB103 26819 LNS 53183 b
1306	1306	1 other penalties provided by law may order that the parent do
1307	1307	2 one or more of the following: (i) provide to the court monthly
1308	1308	3 financial statements showing income and expenses from the
1309	1309	4 business or the self-employment; (ii) seek employment and
1310	1310	5 report periodically to the court with a diary, listing, or
1311	1311	6 other memorandum of his or her employment search efforts; or
1312	1312	7 (iii) report to the Department of Employment Security for job
1313	1313	8 search services to find employment that will be subject to
1314	1314	9 withholding for child support.
1315	1315	10 If there is a unity of interest and ownership sufficient
1316	1316	11 to render no financial separation between an obligor and
1317	1317	12 another person or persons or business entity, the court may
1318	1318	13 pierce the ownership veil of the person, persons, or business
1319	1319	14 entity to discover assets of the obligor held in the name of
1320	1320	15 that person, those persons, or that business entity. The
1321	1321	16 following circumstances are sufficient to authorize a court to
1322	1322	17 order discovery of the assets of a person, persons, or
1323	1323	18 business entity and to compel the application of any
1324	1324	19 discovered assets toward payment on the judgment for support:
1325	1325	20 (1) the obligor and the person, persons, or business
1326	1326	21 entity maintain records together.
1327	1327	22 (2) the obligor and the person, persons, or business
1328	1328	23 entity fail to maintain an arm's length relationship
1329	1329	24 between themselves with regard to any assets.
1330	1330	25 (3) the obligor transfers assets to the person,
1331	1331	26 persons, or business entity with the intent to perpetrate
1332	1332
1333	1333
1334	1334
1335	1335
1336	1336
1337	1337	HB2330 - 36 - LRB103 26819 LNS 53183 b
1338	1338
1339	1339
1340	1340	HB2330- 37 -LRB103 26819 LNS 53183 b HB2330 - 37 - LRB103 26819 LNS 53183 b
1341	1341	HB2330 - 37 - LRB103 26819 LNS 53183 b
1342	1342	1 a fraud on the obligee.
1343	1343	2 With respect to assets which are real property, no order
1344	1344	3 entered under this paragraph shall affect the rights of bona
1345	1345	4 fide purchasers, mortgagees, judgment creditors, or other lien
1346	1346	5 holders who acquire their interests in the property prior to
1347	1347	6 the time a notice of lis pendens pursuant to the Code of Civil
1348	1348	7 Procedure or a copy of the order is placed of record in the
1349	1349	8 office of the recorder of deeds for the county in which the
1350	1350	9 real property is located.
1351	1351	10 The court may also order in cases where the parent is 90
1352	1352	11 days or more delinquent in payment of support or has been
1353	1353	12 adjudicated in arrears in an amount equal to 90 days
1354	1354	13 obligation or more, that the parent's Illinois driving
1355	1355	14 privileges be suspended until the court determines that the
1356	1356	15 parent is in compliance with the order of support. The court
1357	1357	16 may also order that the parent be issued a family financial
1358	1358	17 responsibility driving permit that would allow limited driving
1359	1359	18 privileges for employment and medical purposes in accordance
1360	1360	19 with Section 7-702.1 of the Illinois Vehicle Code. The Clerk
1361	1361	20 of the Circuit Court shall certify the order suspending the
1362	1362	21 driving privileges of the parent or granting the issuance of a
1363	1363	22 family financial responsibility driving permit to the
1364	1364	23 Secretary of State on forms prescribed by the Secretary of
1365	1365	24 State. Upon receipt of the authenticated documents, the
1366	1366	25 Secretary of State shall suspend the parent's driving
1367	1367	26 privileges until further order of the court and shall, if
1368	1368
1369	1369
1370	1370
1371	1371
1372	1372
1373	1373	HB2330 - 37 - LRB103 26819 LNS 53183 b
1374	1374
1375	1375
1376	1376	HB2330- 38 -LRB103 26819 LNS 53183 b HB2330 - 38 - LRB103 26819 LNS 53183 b
1377	1377	HB2330 - 38 - LRB103 26819 LNS 53183 b
1378	1378	1 ordered by the court, subject to the provisions of Section
1379	1379	2 7-702.1 of the Illinois Vehicle Code, issue a family financial
1380	1380	3 responsibility driving permit to the parent.
1381	1381	4 In addition to the penalties or punishment that may be
1382	1382	5 imposed under this Section, any person whose conduct
1383	1383	6 constitutes a violation of Section 15 of the Non-Support
1384	1384	7 Punishment Act may be prosecuted under that Act, and a person
1385	1385	8 convicted under that Act may be sentenced in accordance with
1386	1386	9 that Act. The sentence may include but need not be limited to a
1387	1387	10 requirement that the person perform community service under
1388	1388	11 Section 50 of that Act or participate in a work alternative
1389	1389	12 program under Section 50 of that Act. A person may not be
1390	1390	13 required to participate in a work alternative program under
1391	1391	14 Section 50 of that Act if the person is currently
1392	1392	15 participating in a work program pursuant to Section 505.1 of
1393	1393	16 this Act.
1394	1394	17 A support obligation, or any portion of a support
1395	1395	18 obligation, which becomes due and remains unpaid as of the end
1396	1396	19 of each month, excluding the child support that was due for
1397	1397	20 that month to the extent that it was not paid in that month,
1398	1398	21 shall accrue simple interest as set forth in Section 12-109 of
1399	1399	22 the Code of Civil Procedure. An order for support entered or
1400	1400	23 modified on or after January 1, 2006 shall contain a statement
1401	1401	24 that a support obligation required under the order, or any
1402	1402	25 portion of a support obligation required under the order, that
1403	1403	26 becomes due and remains unpaid as of the end of each month,
1404	1404
1405	1405
1406	1406
1407	1407
1408	1408
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1410	1410
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1414	1414	1 excluding the child support that was due for that month to the
1415	1415	2 extent that it was not paid in that month, shall accrue simple
1416	1416	3 interest as set forth in Section 12-109 of the Code of Civil
1417	1417	4 Procedure. Failure to include the statement in the order for
1418	1418	5 support does not affect the validity of the order or the
1419	1419	6 accrual of interest as provided in this Section.
1420	1420	7 (c) A one-time charge of 20% is imposable upon the amount
1421	1421	8 of past-due child support owed on July 1, 1988 which has
1422	1422	9 accrued under a support order entered by the court. The charge
1423	1423	10 shall be imposed in accordance with the provisions of Section
1424	1424	11 10-21 of the Illinois Public Aid Code and shall be enforced by
1425	1425	12 the court upon petition.
1426	1426	13 (d) Any new or existing support order entered by the court
1427	1427	14 under this Section shall be deemed to be a series of judgments
1428	1428	15 against the person obligated to pay support thereunder, each
1429	1429	16 such judgment to be in the amount of each payment or
1430	1430	17 installment of support and each such judgment to be deemed
1431	1431	18 entered as of the date the corresponding payment or
1432	1432	19 installment becomes due under the terms of the support order.
1433	1433	20 Each such judgment shall have the full force, effect and
1434	1434	21 attributes of any other judgment of this State, including the
1435	1435	22 ability to be enforced. Notwithstanding any other State or
1436	1436	23 local law to the contrary, a lien arises by operation of law
1437	1437	24 against the real and personal property of the obligor for each
1438	1438	25 installment of overdue support owed by the obligor.
1439	1439	26 (e) When child support is to be paid through the Clerk of
1440	1440
1441	1441
1442	1442
1443	1443
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1446	1446
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1450	1450	1 the Court in a county of 500,000 inhabitants or less, the order
1451	1451	2 shall direct the obligor to pay to the Clerk, in addition to
1452	1452	3 the child support payments, all fees imposed by the county
1453	1453	4 board under paragraph (4) of subsection (bb) of Section 27.1a
1454	1454	5 of the Clerks of Courts Act. When child support is to be paid
1455	1455	6 through the clerk of the court in a county of more than 500,000
1456	1456	7 but less than 3,000,000 inhabitants, the order shall direct
1457	1457	8 the obligor to pay to the clerk, in addition to the child
1458	1458	9 support payments, all fees imposed by the county board under
1459	1459	10 paragraph (4) of subsection (bb) of Section 27.2 of the Clerks
1460	1460	11 of Courts Act. Unless paid pursuant to an Income Withholding
1461	1461	12 Order/Notice for Support, the payment of the fee shall be by
1462	1462	13 payment acceptable to the clerk and shall be made to the order
1463	1463	14 of the Clerk.
1464	1464	15 (f) All orders for support, when entered or modified,
1465	1465	16 shall include a provision requiring the obligor to notify the
1466	1466	17 court and, in cases in which a party is receiving child and
1467	1467	18 spouse services under Article X of the Illinois Public Aid
1468	1468	19 Code, the Department of Healthcare and Family Services, within
1469	1469	20 7 days, (i) of the name and address of any new employer of the
1470	1470	21 obligor, (ii) whether the obligor has access to health
1471	1471	22 insurance coverage through the employer or other group
1472	1472	23 coverage and, if so, the policy name and number and the names
1473	1473	24 of persons covered under the policy, except only the initials
1474	1474	25 of any covered minors shall be included, and (iii) of any new
1475	1475	26 residential or mailing address or telephone number of the
1476	1476
1477	1477
1478	1478
1479	1479
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1482	1482
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1486	1486	1 obligor. In any subsequent action to enforce a support order,
1487	1487	2 upon a sufficient showing that a diligent effort has been made
1488	1488	3 to ascertain the location of the obligor, service of process
1489	1489	4 or provision of notice necessary in the case may be made at the
1490	1490	5 last known address of the obligor in any manner expressly
1491	1491	6 provided by the Code of Civil Procedure or this Act, which
1492	1492	7 service shall be sufficient for purposes of due process.
1493	1493	8 (g) An order for support shall include a date on which the
1494	1494	9 current support obligation terminates. The termination date
1495	1495	10 shall be no earlier than the date on which the child covered by
1496	1496	11 the order will attain the age of 18. However, if the child will
1497	1497	12 not graduate from high school until after attaining the age of
1498	1498	13 18, then the termination date shall be no earlier than the
1499	1499	14 earlier of the date on which the child's high school
1500	1500	15 graduation will occur or the date on which the child will
1501	1501	16 attain the age of 19. The order for support shall state that
1502	1502	17 the termination date does not apply to any arrearage that may
1503	1503	18 remain unpaid on that date. Nothing in this subsection shall
1504	1504	19 be construed to prevent the court from modifying the order or
1505	1505	20 terminating the order in the event the child is otherwise
1506	1506	21 emancipated.
1507	1507	22 (g-5) If there is an unpaid arrearage or delinquency (as
1508	1508	23 those terms are defined in the Income Withholding for Support
1509	1509	24 Act) equal to at least one month's support obligation on the
1510	1510	25 termination date stated in the order for support or, if there
1511	1511	26 is no termination date stated in the order, on the date the
1512	1512
1513	1513
1514	1514
1515	1515
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1518	1518
1519	1519
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1522	1522	1 child attains the age of majority or is otherwise emancipated,
1523	1523	2 the periodic amount required to be paid for current support of
1524	1524	3 that child immediately prior to that date shall automatically
1525	1525	4 continue to be an obligation, not as current support but as
1526	1526	5 periodic payment toward satisfaction of the unpaid arrearage
1527	1527	6 or delinquency. That periodic payment shall be in addition to
1528	1528	7 any periodic payment previously required for satisfaction of
1529	1529	8 the arrearage or delinquency. The total periodic amount to be
1530	1530	9 paid toward satisfaction of the arrearage or delinquency may
1531	1531	10 be enforced and collected by any method provided by law for
1532	1532	11 enforcement and collection of child support, including but not
1533	1533	12 limited to income withholding under the Income Withholding for
1534	1534	13 Support Act. Each order for support entered or modified on or
1535	1535	14 after January 1, 2005 (the effective date of Public Act
1536	1536	15 93-1061) must contain a statement notifying the parties of the
1537	1537	16 requirements of this subsection. Failure to include the
1538	1538	17 statement in the order for support does not affect the
1539	1539	18 validity of the order or the operation of the provisions of
1540	1540	19 this subsection with regard to the order. This subsection
1541	1541	20 shall not be construed to prevent or affect the establishment
1542	1542	21 or modification of an order for support of a minor child or the
1543	1543	22 establishment or modification of an order for support of a
1544	1544	23 non-minor child or educational expenses under Section 513 of
1545	1545	24 this Act.
1546	1546	25 (h) An order entered under this Section shall include a
1547	1547	26 provision requiring either parent to report to the other
1548	1548
1549	1549
1550	1550
1551	1551
1552	1552
1553	1553	HB2330 - 42 - LRB103 26819 LNS 53183 b
1554	1554
1555	1555
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1558	1558	1 parent and to the Clerk of Court within 10 days each time
1559	1559	2 either parent obtains new employment, and each time either
1560	1560	3 parent's employment is terminated for any reason. The report
1561	1561	4 shall be in writing and shall, in the case of new employment,
1562	1562	5 include the name and address of the new employer. Failure to
1563	1563	6 report new employment or the termination of current
1564	1564	7 employment, if coupled with nonpayment of support for a period
1565	1565	8 in excess of 60 days, is indirect criminal contempt. For
1566	1566	9 either parent arrested for failure to report new employment
1567	1567	10 bond shall be set in the amount of the child support that
1568	1568	11 should have been paid during the period of unreported
1569	1569	12 employment. An order entered under this Section shall also
1570	1570	13 include a provision requiring either obligor and obligee to
1571	1571	14 advise the other of a change in residence within 5 days of the
1572	1572	15 change except when the court finds that the physical, mental,
1573	1573	16 or emotional health of a party or that of a child, or both,
1574	1574	17 would be seriously endangered by disclosure of the party's
1575	1575	18 address.
1576	1576	19 (i) The court does not lose the powers of contempt,
1577	1577	20 driver's license suspension, or other child support
1578	1578	21 enforcement mechanisms, including, but not limited to,
1579	1579	22 criminal prosecution as set forth in this Act, upon the
1580	1580	23 emancipation of the minor child.
1581	1581	24 (Source: P.A. 102-823, eff. 5-13-22.)
1582	1582	25 (750 ILCS 5/509) (from Ch. 40, par. 509)
1583	1583
1584	1584
1585	1585
1586	1586
1587	1587
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1589	1589
1590	1590
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1592	1592	HB2330 - 44 - LRB103 26819 LNS 53183 b
1593	1593	1 Sec. 509. Independence of Provisions of Judgment or
1594	1594	2 Temporary Order. If a party fails to comply with a provision of
1595	1595	3 a judgment, order, or injunction, the obligation of the other
1596	1596	4 party to make payments for support or maintenance or to permit
1597	1597	5 visitation or parenting time is not suspended; but the other
1598	1598	6 party he may move the court to grant an appropriate order.
1599	1599	7 (Source: P.A. 99-90, eff. 1-1-16.)
1600	1600	8 (750 ILCS 5/600)
1601	1601	9 Sec. 600. Definitions. For purposes of this Part VI:
1602	1602	10 (a) "Abuse" has the meaning ascribed to that term in
1603	1603	11 Section 103 of the Illinois Domestic Violence Act of 1986.
1604	1604	12 (b) "Allocation judgment" means a judgment allocating
1605	1605	13 parental responsibilities.
1606	1606	14 (c) "Caretaking functions" means tasks that involve
1607	1607	15 interaction with a child or that direct, arrange, and
1608	1608	16 supervise the interaction with and care of a child provided by
1609	1609	17 others, or for obtaining the resources allowing for the
1610	1610	18 provision of these functions. The term includes, but is not
1611	1611	19 limited to, the following:
1612	1612	20 (1) satisfying a child's nutritional needs; managing a
1613	1613	21 child's bedtime and wake-up routines; caring for a child
1614	1614	22 when the child is sick or injured; being attentive to a
1615	1615	23 child's personal hygiene needs, including washing,
1616	1616	24 grooming, and dressing; playing with a child and ensuring
1617	1617	25 the child attends scheduled extracurricular activities;
1618	1618
1619	1619
1620	1620
1621	1621
1622	1622
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1624	1624
1625	1625
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1628	1628	1 protecting a child's physical safety; and providing
1629	1629	2 transportation for a child;
1630	1630	3 (2) directing a child's various developmental needs,
1631	1631	4 including the acquisition of motor and language skills,
1632	1632	5 toilet training, self-confidence, and maturation;
1633	1633	6 (3) providing discipline, giving instruction in
1634	1634	7 manners, assigning and supervising chores, and performing
1635	1635	8 other tasks that attend to a child's needs for behavioral
1636	1636	9 control and self-restraint;
1637	1637	10 (4) ensuring the child attends school, including
1638	1638	11 remedial and special services appropriate to the child's
1639	1639	12 needs and interests, communicating with teachers and
1640	1640	13 counselors, and supervising homework;
1641	1641	14 (5) helping a child develop and maintain appropriate
1642	1642	15 interpersonal relationships with peers, siblings, and
1643	1643	16 other family members;
1644	1644	17 (6) ensuring the child attends medical appointments
1645	1645	18 and is available for medical follow-up and meeting the
1646	1646	19 medical needs of the child in the home;
1647	1647	20 (7) providing moral and ethical guidance for a child;
1648	1648	21 and
1649	1649	22 (8) arranging alternative care for a child by a family
1650	1650	23 member, babysitter, or other child care provider or
1651	1651	24 facility, including investigating such alternatives,
1652	1652	25 communicating with providers, and supervising such care.
1653	1653	26 (d) "Parental responsibilities" means both parenting time
1654	1654
1655	1655
1656	1656
1657	1657
1658	1658
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1660	1660
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1664	1664	1 and significant decision-making responsibilities with respect
1665	1665	2 to a child.
1666	1666	3 (e) "Parenting time" means the time during which a parent
1667	1667	4 is responsible for exercising caretaking functions and
1668	1668	5 non-significant decision-making responsibilities with respect
1669	1669	6 to the child.
1670	1670	7 (f) "Parenting plan" means a written agreement that
1671	1671	8 allocates significant decision-making responsibilities,
1672	1672	9 parenting time, or both.
1673	1673	10 (g) "Relocation" means:
1674	1674	11 (1) a change of residence from the child's current
1675	1675	12 primary residence located in the county of Cook, DuPage,
1676	1676	13 Kane, Lake, McHenry, or Will to a new residence within
1677	1677	14 this State that is more than 25 miles from the child's
1678	1678	15 current residence, as measured by an Internet mapping
1679	1679	16 service using surface roads;
1680	1680	17 (2) a change of residence from the child's current
1681	1681	18 primary residence located in a county not listed in
1682	1682	19 paragraph (1) to a new residence within this State that is
1683	1683	20 more than 50 miles from the child's current primary
1684	1684	21 residence, as measured by an Internet mapping service
1685	1685	22 using surface roads; or
1686	1686	23 (3) a change of residence from the child's current
1687	1687	24 primary residence to a residence outside the borders of
1688	1688	25 this State that is more than 25 miles from the current
1689	1689	26 primary residence, as measured by an Internet mapping
1690	1690
1691	1691
1692	1692
1693	1693
1694	1694
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1696	1696
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1699	1699	HB2330 - 47 - LRB103 26819 LNS 53183 b
1700	1700	1 service using surface roads.
1701	1701	2 If the Internet mapping service offers alternative routes,
1702	1702	3 the alternative route that is the shortest distance shall be
1703	1703	4 used.
1704	1704	5 (h) "Religious upbringing" means the choice of religion or
1705	1705	6 denomination of a religion, religious schooling, religious
1706	1706	7 training, or participation in religious customs or practices.
1707	1707	8 (i) "Restriction of parenting time" means any limitation
1708	1708	9 or condition placed on parenting time, including supervision.
1709	1709	10 (j) "Right of first refusal" has the meaning provided in
1710	1710	11 subsection (b) of Section 602.3 of this Act.
1711	1711	12 (k) "Significant decision-making" means deciding issues of
1712	1712	13 long-term importance in the life of a child.
1713	1713	14 (l) "Step-parent" means a person married to a child's
1714	1714	15 parent, including a person married to the child's parent
1715	1715	16 immediately prior to the parent's death.
1716	1716	17 (m) "Supervision" means the presence of a third party
1717	1717	18 during a parent's exercise of parenting time.
1718	1718	19 (Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)
1719	1719	20 (750 ILCS 5/602.10)
1720	1720	21 Sec. 602.10. Parenting plan.
1721	1721	22 (a) Filing of parenting plan. All parents, within 120 days
1722	1722	23 after service or filing of any petition for allocation of
1723	1723	24 parental responsibilities, must file with the court, either
1724	1724	25 jointly or separately, a proposed parenting plan. The time
1725	1725
1726	1726
1727	1727
1728	1728
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1731	1731
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1735	1735	1 period for filing a parenting plan may be extended by the court
1736	1736	2 for good cause shown. If no appearance has been filed by the
1737	1737	3 respondent, no parenting plan is required unless ordered by
1738	1738	4 the court.
1739	1739	5 (b) No parenting plan filed. In the absence of filing of
1740	1740	6 one or more parenting plans, the court must conduct an
1741	1741	7 evidentiary hearing to allocate parental responsibilities.
1742	1742	8 (c) Mediation. The court shall order mediation to assist
1743	1743	9 the parents in formulating or modifying a parenting plan or in
1744	1744	10 implementing a parenting plan unless the court determines that
1745	1745	11 impediments to mediation exist. Costs under this subsection
1746	1746	12 shall be allocated between the parties pursuant to the
1747	1747	13 applicable statute or Supreme Court Rule.
1748	1748	14 (d) Parents' agreement on parenting plan. The parenting
1749	1749	15 plan must be in writing and signed by both parents. The parents
1750	1750	16 must submit the parenting plan to the court for approval
1751	1751	17 within 120 days after service of a petition for allocation of
1752	1752	18 parental responsibilities or the filing of an appearance,
1753	1753	19 except for good cause shown. Notwithstanding the provisions
1754	1754	20 above, the parents may agree upon and submit a parenting plan
1755	1755	21 at any time after the commencement of a proceeding until prior
1756	1756	22 to the entry of a judgment of dissolution of marriage. The
1757	1757	23 agreement is binding upon the court unless it finds, after
1758	1758	24 considering the circumstances of the parties and any other
1759	1759	25 relevant evidence produced by the parties, that the agreement
1760	1760	26 is not in the best interests of the child. If the court does
1761	1761
1762	1762
1763	1763
1764	1764
1765	1765
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1767	1767
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1770	1770	HB2330 - 49 - LRB103 26819 LNS 53183 b
1771	1771	1 not approve the parenting plan, the court shall make express
1772	1772	2 findings of the reason or reasons for its refusal to approve
1773	1773	3 the plan. The court, on its own motion, may conduct an
1774	1774	4 evidentiary hearing to determine whether the parenting plan is
1775	1775	5 in the child's best interests.
1776	1776	6 (e) Parents cannot agree on parenting plan. When parents
1777	1777	7 fail to submit an agreed parenting plan, each parent must file
1778	1778	8 and submit a written, signed parenting plan to the court
1779	1779	9 within 120 days after the filing of an appearance, except for
1780	1780	10 good cause shown. The court's determination of parenting time
1781	1781	11 should be based on the child's best interests. The filing of
1782	1782	12 the plan may be excused by the court if:
1783	1783	13 (1) the parties have commenced mediation for the
1784	1784	14 purpose of formulating a parenting plan; or
1785	1785	15 (2) the parents have agreed in writing to extend the
1786	1786	16 time for filing a proposed plan and the court has approved
1787	1787	17 such an extension; or
1788	1788	18 (3) the court orders otherwise for good cause shown.
1789	1789	19 (f) Parenting plan contents. At a minimum, a parenting
1790	1790	20 plan must set forth the following:
1791	1791	21 (1) an allocation of significant decision-making
1792	1792	22 responsibilities;
1793	1793	23 (2) provisions for the child's living arrangements and
1794	1794	24 for each parent's parenting time, including either:
1795	1795	25 (A) a schedule that designates in which parent's
1796	1796	26 home the minor child will reside on given days; or
1797	1797
1798	1798
1799	1799
1800	1800
1801	1801
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1803	1803
1804	1804
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1807	1807	1 (B) a formula or method for determining such a
1808	1808	2 schedule in sufficient detail to be enforced in a
1809	1809	3 subsequent proceeding;
1810	1810	4 (3) a mediation provision addressing any proposed
1811	1811	5 reallocation of parenting time or regarding the terms of
1812	1812	6 allocation of parental responsibilities, except that this
1813	1813	7 provision is not required if one parent is allocated all
1814	1814	8 significant decision-making responsibilities;
1815	1815	9 (4) each parent's right of access to medical, dental,
1816	1816	10 and psychological records (subject to the Mental Health
1817	1817	11 and Developmental Disabilities Confidentiality Act), child
1818	1818	12 care records, and school and extracurricular records,
1819	1819	13 reports, and schedules, unless expressly denied by a court
1820	1820	14 order or denied under Section 602.11;
1821	1821	15 (5) a designation of the parent who will be
1822	1822	16 denominated as the parent with the majority of parenting
1823	1823	17 time for purposes of Section 606.10;
1824	1824	18 (6) the child's residential address for school
1825	1825	19 enrollment purposes only;
1826	1826	20 (7) each parent's residence address and phone number,
1827	1827	21 and each parent's place of employment and employment
1828	1828	22 address and phone number;
1829	1829	23 (8) a requirement that a parent changing his or her
1830	1830	24 residence provide at least 60 days prior written notice of
1831	1831	25 the change to any other parent under the parenting plan or
1832	1832	26 allocation judgment, unless such notice is impracticable
1833	1833
1834	1834
1835	1835
1836	1836
1837	1837
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1839	1839
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1843	1843	1 or unless otherwise ordered by the court. If such notice
1844	1844	2 is impracticable, written notice shall be given at the
1845	1845	3 earliest date practicable. At a minimum, the notice shall
1846	1846	4 set forth the following:
1847	1847	5 (A) the intended date of the change of residence;
1848	1848	6 and
1849	1849	7 (B) the address of the new residence;
1850	1850	8 (9) provisions requiring each parent to notify the
1851	1851	9 other of emergencies, health care, travel plans, or other
1852	1852	10 significant child-related issues;
1853	1853	11 (10) transportation arrangements between the parents;
1854	1854	12 (11) provisions for communications, including
1855	1855	13 electronic communications, with the child during the other
1856	1856	14 parent's parenting time;
1857	1857	15 (12) provisions for resolving issues arising from a
1858	1858	16 parent's future relocation, if applicable;
1859	1859	17 (13) provisions for future modifications of the
1860	1860	18 parenting plan, if specified events occur;
1861	1861	19 (14) provisions for the exercise of the right of first
1862	1862	20 refusal, if so desired, that are consistent with the best
1863	1863	21 interests of the minor child; provisions in the plan for
1864	1864	22 the exercise of the right of first refusal must include:
1865	1865	23 (i) the length and kind of child-care requirements
1866	1866	24 invoking the right of first refusal;
1867	1867	25 (ii) notification to the other parent and for his
1868	1868	26 or her response;
1869	1869
1870	1870
1871	1871
1872	1872
1873	1873
1874	1874	HB2330 - 51 - LRB103 26819 LNS 53183 b
1875	1875
1876	1876
1877	1877	HB2330- 52 -LRB103 26819 LNS 53183 b HB2330 - 52 - LRB103 26819 LNS 53183 b
1878	1878	HB2330 - 52 - LRB103 26819 LNS 53183 b
1879	1879	1 (iii) transportation requirements; and
1880	1880	2 (iv) any other provision related to the exercise
1881	1881	3 of the right of first refusal necessary to protect and
1882	1882	4 promote the best interests of the minor child; and
1883	1883	5 (15) any other provision that addresses the child's
1884	1884	6 best interests or that will otherwise facilitate
1885	1885	7 cooperation between the parents.
1886	1886	8 The personal information under items (6), (7), and (8) of
1887	1887	9 this subsection is not required if there is evidence of or the
1888	1888	10 parenting plan states that there is a history of domestic
1889	1889	11 violence or abuse, or it is shown that the release of the
1890	1890	12 information is not in the child's or parent's best interests.
1891	1891	13 (g) The court shall conduct a trial or hearing to
1892	1892	14 determine a plan which maximizes the child's relationship and
1893	1893	15 access to both parents and shall ensure that the access and the
1894	1894	16 overall plan are in the best interests of the child. The court
1895	1895	17 shall take the parenting plans into consideration when
1896	1896	18 determining parenting time and responsibilities at trial or
1897	1897	19 hearing.
1898	1898	20 (h) The court may consider, consistent with the best
1899	1899	21 interests of the child as defined in Section 602.7 of this Act,
1900	1900	22 whether to award to one or both of the parties the right of
1901	1901	23 first refusal in accordance with Section 602.3 of this Act.
1902	1902	24 (i) If the underlying action in which the parenting plan
1903	1903	25 or allocation judgment is approved or entered by the court and
1904	1904	26 the underlying action is subsequently dismissed, the parenting
1905	1905
1906	1906
1907	1907
1908	1908
1909	1909
1910	1910	HB2330 - 52 - LRB103 26819 LNS 53183 b
1911	1911
1912	1912
1913	1913	HB2330- 53 -LRB103 26819 LNS 53183 b HB2330 - 53 - LRB103 26819 LNS 53183 b
1914	1914	HB2330 - 53 - LRB103 26819 LNS 53183 b
1915	1915	1 plan or allocation judgment shall be void and unenforceable. A
1916	1916	2 parenting plan or allocation judgment, once approved or
1917	1917	3 entered by the court, shall be considered final for purposes
1918	1918	4 for modification pursuant to Section 610.5 or appeal so long
1919	1919	5 as the underlying action is pending.
1920	1920	6 (Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)
1921	1921	7 (750 ILCS 5/607.5)
1922	1922	8 Sec. 607.5. Abuse of allocated parenting time.
1923	1923	9 (a) The court shall provide an expedited procedure for the
1924	1924	10 enforcement of allocated parenting time.
1925	1925	11 (b) An action for the enforcement of allocated parenting
1926	1926	12 time may be commenced by a parent or a person appointed under
1927	1927	13 Section 506 by filing a petition setting forth: (i) the
1928	1928	14 petitioner's name and residence address or mailing address,
1929	1929	15 except that if the petition states that disclosure of
1930	1930	16 petitioner's address would risk abuse of petitioner or any
1931	1931	17 member of petitioner's family or household or reveal the
1932	1932	18 confidential address of a shelter for domestic violence
1933	1933	19 victims, that address may be omitted from the petition; (ii)
1934	1934	20 the respondent's name and place of residence, place of
1935	1935	21 employment, or mailing address; (iii) the terms of the
1936	1936	22 parenting plan or allocation judgment then in effect; (iv) the
1937	1937	23 nature of the violation of the allocation of parenting time,
1938	1938	24 giving dates and other relevant information; and (v) that a
1939	1939	25 reasonable attempt was made to resolve the dispute.
1940	1940
1941	1941
1942	1942
1943	1943
1944	1944
1945	1945	HB2330 - 53 - LRB103 26819 LNS 53183 b
1946	1946
1947	1947
1948	1948	HB2330- 54 -LRB103 26819 LNS 53183 b HB2330 - 54 - LRB103 26819 LNS 53183 b
1949	1949	HB2330 - 54 - LRB103 26819 LNS 53183 b
1950	1950	1 (c) If the court finds by a preponderance of the evidence
1951	1951	2 that a parent has not complied with allocated parenting time
1952	1952	3 according to an approved parenting plan or a court order, the
1953	1953	4 court, in the child's best interests, shall issue an order
1954	1954	5 that may include one or more of the following:
1955	1955	6 (1) an imposition of additional terms and conditions
1956	1956	7 consistent with the court's previous allocation of
1957	1957	8 parenting time or other order;
1958	1958	9 (2) a requirement that either or both of the parties
1959	1959	10 attend a parental education program at the expense of the
1960	1960	11 non-complying parent;
1961	1961	12 (3) upon consideration of all relevant factors,
1962	1962	13 particularly a history or possibility of domestic
1963	1963	14 violence, a requirement that the parties participate in
1964	1964	15 family or individual counseling, the expense of which
1965	1965	16 shall be allocated by the court. Counseling ordered under
1966	1966	17 this Section is subject to the Mental Health and
1967	1967	18 Developmental Disabilities Confidentiality Act and the
1968	1968	19 federal Health Insurance Portability and Accountability
1969	1969	20 Act of 1996; if counseling is ordered, all counseling
1970	1970	21 sessions shall be confidential, and the communications in
1971	1971	22 counseling shall not be used in any manner in litigation
1972	1972	23 nor relied upon by an expert appointed by the court or
1973	1973	24 retained by any party;
1974	1974	25 (4) a requirement that the non-complying parent post a
1975	1975	26 cash bond or other security to ensure future compliance,
1976	1976
1977	1977
1978	1978
1979	1979
1980	1980
1981	1981	HB2330 - 54 - LRB103 26819 LNS 53183 b
1982	1982
1983	1983
1984	1984	HB2330- 55 -LRB103 26819 LNS 53183 b HB2330 - 55 - LRB103 26819 LNS 53183 b
1985	1985	HB2330 - 55 - LRB103 26819 LNS 53183 b
1986	1986	1 including a provision that the bond or other security may
1987	1987	2 be forfeited to the other parent for payment of expenses
1988	1988	3 on behalf of the child as the court shall direct;
1989	1989	4 (5) a requirement that makeup parenting time be
1990	1990	5 provided for the aggrieved parent or child under the
1991	1991	6 following conditions:
1992	1992	7 (A) that the parenting time is of the same type and
1993	1993	8 duration as the parenting time that was denied,
1994	1994	9 including but not limited to parenting time during
1995	1995	10 weekends, on holidays, and on weekdays and during
1996	1996	11 times when the child is not in school;
1997	1997	12 (B) that the parenting time is made up within 6
1998	1998	13 months after the noncompliance occurs, unless the
1999	1999	14 period of time or holiday cannot be made up within 6
2000	2000	15 months, in which case the parenting time shall be made
2001	2001	16 up within one year after the noncompliance occurs;
2002	2002	17 (6) a finding that the non-complying parent is in
2003	2003	18 contempt of court;
2004	2004	19 (7) an imposition on the non-complying parent of an
2005	2005	20 appropriate civil fine per incident of denied parenting
2006	2006	21 time;
2007	2007	22 (8) a requirement that the non-complying parent
2008	2008	23 reimburse the other parent for all reasonable expenses
2009	2009	24 incurred as a result of the violation of the parenting
2010	2010	25 plan or court order; and
2011	2011	26 (9) any other provision that may promote the child's
2012	2012
2013	2013
2014	2014
2015	2015
2016	2016
2017	2017	HB2330 - 55 - LRB103 26819 LNS 53183 b
2018	2018
2019	2019
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2021	2021	HB2330 - 56 - LRB103 26819 LNS 53183 b
2022	2022	1 best interests.
2023	2023	2 (d) In addition to any other order entered under
2024	2024	3 subsection (c), except for good cause shown, the court shall
2025	2025	4 order a parent who has failed to provide allocated parenting
2026	2026	5 time or to exercise allocated parenting time to pay the
2027	2027	6 aggrieved party his or her reasonable attorney's fees, court
2028	2028	7 costs, and expenses associated with an action brought under
2029	2029	8 this Section. If the court finds that the respondent in an
2030	2030	9 action brought under this Section has not violated the
2031	2031	10 allocated parenting time, the court may order the petitioner
2032	2032	11 to pay the respondent's reasonable attorney's fees, court
2033	2033	12 costs, and expenses incurred in the action.
2034	2034	13 (e) Nothing in this Section precludes a party from
2035	2035	14 maintaining any other action as provided by law.
2036	2036	15 (f) When the court issues an order holding a party in
2037	2037	16 contempt for violation of a parenting time order and finds
2038	2038	17 that the party engaged in parenting time abuse, the court may
2039	2039	18 order one or more of the following:
2040	2040	19 (1) Suspension of a party's Illinois driving
2041	2041	20 privileges pursuant to Section 7-703 of the Illinois
2042	2042	21 Vehicle Code until the court determines that the party is
2043	2043	22 in compliance with the parenting time order. The court may
2044	2044	23 also order that a party be issued a family financial
2045	2045	24 responsibility driving permit that would allow limited
2046	2046	25 driving privileges for employment, for medical purposes,
2047	2047	26 and to transport a child to or from scheduled parenting
2048	2048
2049	2049
2050	2050
2051	2051
2052	2052
2053	2053	HB2330 - 56 - LRB103 26819 LNS 53183 b
2054	2054
2055	2055
2056	2056	HB2330- 57 -LRB103 26819 LNS 53183 b HB2330 - 57 - LRB103 26819 LNS 53183 b
2057	2057	HB2330 - 57 - LRB103 26819 LNS 53183 b
2058	2058	1 time in order to comply with a parenting time order in
2059	2059	2 accordance with subsection (a-1) of Section 7-702.1 of the
2060	2060	3 Illinois Vehicle Code.
2061	2061	4 (2) Placement of a party on probation with such
2062	2062	5 conditions of probation as the court deems advisable.
2063	2063	6 (3) Sentencing of a party to periodic imprisonment for
2064	2064	7 a period not to exceed 6 months; provided, that the court
2065	2065	8 may permit the party to be released for periods of time
2066	2066	9 during the day or night to:
2067	2067	10 (A) work; or
2068	2068	11 (B) conduct a business or other self-employed
2069	2069	12 occupation.
2070	2070	13 (4) Find that a party in engaging in parenting time
2071	2071	14 abuse is guilty of a petty offense and should be fined an
2072	2072	15 amount of no more than $500 for each finding of parenting
2073	2073	16 time abuse.
2074	2074	17 (g) When the court issues an order holding a party in
2075	2075	18 contempt of court for violation of a parenting order, the
2076	2076	19 clerk shall transmit a copy of the contempt order to the
2077	2077	20 sheriff of the county. The sheriff shall furnish a copy of each
2078	2078	21 contempt order to the Illinois State Police on a daily basis in
2079	2079	22 the form and manner required by the Department. The Department
2080	2080	23 shall maintain a complete record and index of the contempt
2081	2081	24 orders and make this data available to all local law
2082	2082	25 enforcement agencies.
2083	2083	26 (h) Nothing contained in this Section shall be construed
2084	2084
2085	2085
2086	2086
2087	2087
2088	2088
2089	2089	HB2330 - 57 - LRB103 26819 LNS 53183 b
2090	2090
2091	2091
2092	2092	HB2330- 58 -LRB103 26819 LNS 53183 b HB2330 - 58 - LRB103 26819 LNS 53183 b
2093	2093	HB2330 - 58 - LRB103 26819 LNS 53183 b
2094	2094	1 to limit the court's contempt power.
2095	2095	2 (Source: P.A. 102-538, eff. 8-20-21.)
2096	2096
2097	2097
2098	2098
2099	2099
2100	2100
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