Illinois 2023-2024 Regular Session

Illinois House Bill HB2477 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	HB2477 EngrossedLRB103 28227 LNS 54606 b HB2477 Engrossed LRB103 28227 LNS 54606 b
2		-	HB2477 Engrossed LRB103 28227 LNS 54606 b
	1	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2477 Introduced , by Rep. Margaret Croke SYNOPSIS AS INTRODUCED: New Act750 ILCS 46/802 Creates the Pregnancy Expenses Act. Provides that the other party to a pregnancy or the other intended parent has a duty to pay 50% of the pregnant person's pregnancy expenses. Allows an action seeking the payment of pregnancy expenses to be brought during or after the pregnancy. Provides that only the pregnant person or the pregnant person's legally authorized designee in the event of death or incapacitation of the pregnant person may bring an action seeking the payment of pregnancy expenses. Allows the court to order the other party to the pregnancy or other intended parent to pay more than 50% of the pregnancy expenses. Makes a conforming change in the Illinois Parentage Act of 2015. Effective immediately. LRB103 28227 LNS 54606 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2477 Introduced , by Rep. Margaret Croke SYNOPSIS AS INTRODUCED: New Act750 ILCS 46/802 New Act 750 ILCS 46/802 Creates the Pregnancy Expenses Act. Provides that the other party to a pregnancy or the other intended parent has a duty to pay 50% of the pregnant person's pregnancy expenses. Allows an action seeking the payment of pregnancy expenses to be brought during or after the pregnancy. Provides that only the pregnant person or the pregnant person's legally authorized designee in the event of death or incapacitation of the pregnant person may bring an action seeking the payment of pregnancy expenses. Allows the court to order the other party to the pregnancy or other intended parent to pay more than 50% of the pregnancy expenses. Makes a conforming change in the Illinois Parentage Act of 2015. Effective immediately. LRB103 28227 LNS 54606 b LRB103 28227 LNS 54606 b A BILL FOR
	2	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2477 Introduced , by Rep. Margaret Croke SYNOPSIS AS INTRODUCED:
	3	+	New Act750 ILCS 46/802 New Act 750 ILCS 46/802
	4	+	New Act
	5	+	750 ILCS 46/802
	6	+	Creates the Pregnancy Expenses Act. Provides that the other party to a pregnancy or the other intended parent has a duty to pay 50% of the pregnant person's pregnancy expenses. Allows an action seeking the payment of pregnancy expenses to be brought during or after the pregnancy. Provides that only the pregnant person or the pregnant person's legally authorized designee in the event of death or incapacitation of the pregnant person may bring an action seeking the payment of pregnancy expenses. Allows the court to order the other party to the pregnancy or other intended parent to pay more than 50% of the pregnancy expenses. Makes a conforming change in the Illinois Parentage Act of 2015. Effective immediately.
	7	+	LRB103 28227 LNS 54606 b LRB103 28227 LNS 54606 b
	8	+	LRB103 28227 LNS 54606 b
	9	+	A BILL FOR
	10	+	HB2477LRB103 28227 LNS 54606 b HB2477 LRB103 28227 LNS 54606 b
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3	12		1 AN ACT concerning civil law.
4	13		2 Be it enacted by the People of the State of Illinois,
5	14		3 represented in the General Assembly:
6	15		4 Section 1. Short title. This Act may be cited as the
7	16		5 Pregnancy Expenses Act.
8	17		6 Section 5. Definitions. As used in this Act:
9	18		7 "Donor" means an individual who participates in an
10	19		8 assisted reproductive technology arrangement by providing
11	20		9 gametes and relinquishes all rights and responsibility to the
12	21		10 gametes so that another individual or individuals may become
13	22		11 the legal parent or parents of any resulting child. "Donor"
14	23		12 does not include a spouse in any assisted reproductive
15	24		13 technology arrangement in which the other spouse will parent
16	25		14 any resulting child.
17	26		15 "Gamete" means either a sperm or an egg.
18	27		16 "Other intended parent" means a person who has expressed
19	28		17 an intent to be the legal parent of a child with a pregnant
20	29		18 person but did not contribute sperm to the creation of the
21	30		19 pregnancy.
22	31		20 "Party to the pregnancy" means a person who contributed
23	32		21 sperm to the creation of the pregnancy. "Other party to the
24	33		22 pregnancy" does not include a donor.
25	34		23 "Pregnancy expenses" means an amount equal to:
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	38	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2477 Introduced , by Rep. Margaret Croke SYNOPSIS AS INTRODUCED:
	39	+	New Act750 ILCS 46/802 New Act 750 ILCS 46/802
	40	+	New Act
	41	+	750 ILCS 46/802
	42	+	Creates the Pregnancy Expenses Act. Provides that the other party to a pregnancy or the other intended parent has a duty to pay 50% of the pregnant person's pregnancy expenses. Allows an action seeking the payment of pregnancy expenses to be brought during or after the pregnancy. Provides that only the pregnant person or the pregnant person's legally authorized designee in the event of death or incapacitation of the pregnant person may bring an action seeking the payment of pregnancy expenses. Allows the court to order the other party to the pregnancy or other intended parent to pay more than 50% of the pregnancy expenses. Makes a conforming change in the Illinois Parentage Act of 2015. Effective immediately.
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	45	+	A BILL FOR
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	51	+	New Act
	52	+	750 ILCS 46/802
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34	71		1 (1) the sum of a pregnant person's:
35	72		2 (A) health insurance premiums while pregnant that
36	73		3 are not paid by an employer or government program; and
37	74		4 (B) medical costs related to the pregnancy,
38	75		5 incurred after the date of implantation and before the
39	76		6 pregnancy ends, including any medical costs related to
40	77		7 the delivery of the child; minus
41	78		8 (2) any portion of the amount described in paragraph
42	79		9 (1) that a court determines is equitable based on the
43	80		10 totality of the circumstances, not including any amount
44	81		11 paid by the pregnant person, other party to the pregnancy,
45	82		12 or other intended parent.
46	83		13 "Pregnant person" means a person who is carrying or has
47	84		14 carried a pregnancy.
48	85		15 Section 10. Pregnancy expenses.
49	86		16 (a) Except as otherwise provided in this Section, the
50	87		17 other party to the pregnancy or the other intended parent, if
51	88		18 there is one, has a duty to pay 50% of the pregnant person's
52	89		19 pregnancy expenses. If the other intended parent's parentage
53	90		20 is disputed, the other party to the pregnancy owes no duty
54	91		21 under this Section until the other intended parent's parentage
55	92		22 is determined under the Illinois Parentage Act of 2015.
56	93		23 (b) Any portion of a pregnant person's pregnancy expenses
57	94		24 paid by the pregnant person, other party to the pregnancy, or
58	95		25 other intended parent reduces that party's 50% share under
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69	106		1 subsection (a), not the total amount of pregnancy expenses.
70	107		2 This subsection applies regardless of when the pregnant
71	108		3 person, other party to the pregnancy, or other intended parent
72	109		4 pays the pregnancy expense.
73	110		5 (c) This Section does not apply if the court apportions
74	111		6 pregnancy expenses under Article 8 of the Illinois Parentage
75	112		7 Act of 2015 or Part V of the Illinois Marriage and Dissolution
76	113		8 of Marriage Act.
77	114		9 (d) This Section does not apply to any pregnancy for which
78	115		10 there is a valid gestational surrogacy contract pursuant to
79	116		11 the Illinois Gestational Surrogacy Act.
80	117		12 Section 15. Actions seeking payment of pregnancy expenses.
81	118		13 (a) An action seeking the payment of pregnancy expenses
82	119		14 may be brought during or after the pregnancy. The petitioner
83	120		15 is not required to wait until the pregnancy ends to bring an
84	121		16 action under this Act.
85	122		17 (b) An action seeking the payment of pregnancy expenses
86	123		18 shall only be brought by the pregnant person or the pregnant
87	124		19 person's legally authorized designee in the event of death or
88	125		20 incapacitation of the pregnant person.
89	126		21 (c) In an action seeking the payment of pregnancy
90	127		22 expenses, the court, in its determination of whether to order
91	128		23 the other party to the pregnancy or other intended parent to
92	129		24 pay pregnancy expenses, shall consider:
93	130		25 (1) the income and property of each party;
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104	141		1 (2) the needs of each party;
105	142		2 (3) the realistic present and future earning capacity
106	143		3 of each party;
107	144		4 (4) any impairment of the present and future earning
108	145		5 capacity of the pregnant person seeking pregnancy expenses
109	146		6 due to that person devoting time to domestic duties or
110	147		7 having forgone or delayed education, training, employment,
111	148		8 or career opportunities due to the pregnancy; and
112	149		9 (5) any other factor that the court expressly finds to
113	150		10 be just and equitable.
114	151		11 (d) In an action seeking the payment of pregnancy
115	152		12 expenses, the court, in its discretion, may order the other
116	153		13 party to the pregnancy or other intended parent to pay more
117	154		14 than 50% of the pregnancy expenses.
118	155		15 (e) If a person seeks payment of pregnancy expenses under
119	156		16 this Act by providing documentation of payments, medical
120	157		17 expenses, and insurance premiums, the court may, after review,
121	158		18 order the payment of the pregnancy expenses.
122	159		19 Section 90. The Illinois Parentage Act of 2015 is amended
123	160		20 by changing Section 802 as follows:
124	161		21 (750 ILCS 46/802)
125	162		22 Sec. 802. Judgment.
126	163		23 (a) The court shall issue an order adjudicating whether a
127	164		24 person alleged or claiming to be the parent is the parent of
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138	175		1 the child. An order adjudicating parentage must identify the
139	176		2 child by name and date of birth.
140	177		3 The court may assess filing fees, reasonable attorney's
141	178		4 fees, fees for genetic testing, other costs, necessary travel
142	179		5 expenses, and other reasonable expenses incurred in a
143	180		6 proceeding under this Act. The court may award attorney's
144	181		7 fees, which may be paid directly to the attorney, who may
145	182		8 enforce the order in the attorney's own name. The court may not
146	183		9 assess fees, costs, or expenses against the
147	184		10 support-enforcement agency of this State or another state,
148	185		11 except as provided by other law.
149	186		12 The judgment shall contain or explicitly reserve
150	187		13 provisions concerning any duty and amount of child support and
151	188		14 may contain or explicitly reserve provisions concerning the
152	189		15 allocation of parental responsibilities or guardianship of the
153	190		16 child, parenting time privileges with the child, and the
154	191		17 furnishing of bond or other security for the payment of the
155	192		18 judgment, which the court shall determine in accordance with
156	193		19 the relevant factors set forth in the Illinois Marriage and
157	194		20 Dissolution of Marriage Act and any other applicable law of
158	195		21 this State, to guide the court in a finding in the best
159	196		22 interests of the child. In determining the allocation of
160	197		23 parental responsibilities, relocation, parenting time,
161	198		24 parenting time interference, support for a non-minor disabled
162	199		25 child, educational expenses for a non-minor child, and related
163	200		26 post-judgment issues, the court shall apply the relevant
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174	211		1 standards of the Illinois Marriage and Dissolution of Marriage
175	212		2 Act. Specifically, in determining the amount of a child
176	213		3 support award, the court shall use the guidelines and
177	214		4 standards set forth in subsection (a) of Section 505 and in
178	215		5 Section 505.2 of the Illinois Marriage and Dissolution of
179	216		6 Marriage Act. The court shall order all child support
180	217		7 payments, determined in accordance with such guidelines, to
181	218		8 commence with the date summons is served. The level of current
182	219		9 periodic support payments shall not be reduced because of
183	220		10 payments set for the period prior to the date of entry of the
184	221		11 support order.
185	222		12 (b) In an action brought during a pregnancy or within 2
186	223		13 years after a child's birth, the judgment or order may direct
187	224		14 the other party to the pregnancy or other intended parent
188	225		15 either parent to pay 50% of pregnancy the reasonable expenses,
189	226		16 as defined in the Pregnancy Expenses Act, incurred by the
190	227		17 pregnant person either parent or the Department of Healthcare
191	228		18 and Family Services. However, the court, in its discretion,
192	229		19 may direct the other party to the pregnancy or other intended
193	230		20 parent to pay more than 50% of pregnancy expenses related to
194	231		21 the mother's pregnancy and the delivery of the child.
195	232		22 (c) In the absence of an explicit order or judgment for the
196	233		23 allocation of parental responsibilities, to the extent the
197	234		24 court has authority under the Uniform Child-Custody
198	235		25 Jurisdiction and Enforcement Act or any other appropriate
199	236		26 State law, the establishment of a child support obligation or
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210	247		1 the allocation of parenting time to one parent shall be
211	248		2 construed as an order or judgment allocating all parental
212	249		3 responsibilities to the other parent. If the parentage order
213	250		4 or judgment contains no such provisions, all parental
214	251		5 responsibilities shall be presumed to be allocated to the
215	252		6 mother; however, the presumption shall not apply if the child
216	253		7 has resided primarily with the other parent for at least 6
217	254		8 months prior to the date that the mother seeks to enforce the
218	255		9 order or judgment of parentage.
219	256		10 (c-5) Notwithstanding the limitations regarding the
220	257		11 establishment of custody under the Uniform Interstate Family
221	258		12 Support Act, that Act is not exclusive, and custody/allocation
222	259		13 of parental responsibilities may be determined concurrently
223	260		14 under other appropriate State laws, where this determination
224	261		15 may be validly made.
225	262		16 (d) The court, if necessary to protect and promote the
226	263		17 best interests of the child, may set aside a portion of the
227	264		18 separately held estates of the parties in a separate fund or
228	265		19 trust for the support, education, physical and mental health,
229	266		20 and general welfare of a minor or mentally or physically
230	267		21 disabled child of the parties.
231	268		22 (e) The court may order child support payments to be made
232	269		23 for a period prior to the commencement of the action. In
233	270		24 determining whether and to what extent the payments shall be
234	271		25 made for the prior period, the court shall consider all
235	272		26 relevant facts, including but not limited to:
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246	283		1 (1) The factors for determining the amount of support
247	284		2 specified in the Illinois Marriage and Dissolution of
248	285		3 Marriage Act.
249	286		4 (2) The prior knowledge of the person obligated to pay
250	287		5 support of the fact and circumstances of the child's
251	288		6 birth.
252	289		7 (3) The father's prior willingness or refusal to help
253	290		8 raise or support the child.
254	291		9 (4) The extent to which the mother or the public
255	292		10 agency bringing the action previously informed the person
256	293		11 obligated to pay support of the child's needs or attempted
257	294		12 to seek or require the help of the person obligated to pay
258	295		13 support in raising or supporting the child.
259	296		14 (5) The reasons the mother or the public agency did
260	297		15 not file the action earlier.
261	298		16 (6) The extent to which the person obligated to pay
262	299		17 support would be prejudiced by the delay in bringing the
263	300		18 action.
264	301		19 For purposes of determining the amount of child support to
265	302		20 be paid for the period before the date the order for current
266	303		21 child support is entered, there is a rebuttable presumption
267	304		22 that the net income of the person obligated to pay support for
268	305		23 the prior period was the same as the net income of the person
269	306		24 obligated to pay support at the time the order for current
270	307		25 child support is entered.
271	308		26 If (i) the person obligated to pay support was properly
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282	319		1 served with a request for discovery of financial information
283	320		2 relating to the ability to provide child support of the person
284	321		3 obligated to pay support; (ii) the person obligated to pay
285	322		4 support failed to comply with the request, despite having been
286	323		5 ordered to do so by the court; and (iii) the person obligated
287	324		6 to pay support is not present at the hearing to determine
288	325		7 support despite having received proper notice, then any
289	326		8 relevant financial information concerning the ability to
290	327		9 provide child support of the person obligated to pay support
291	328		10 that was obtained pursuant to subpoena and proper notice shall
292	329		11 be admitted into evidence without the need to establish any
293	330		12 further foundation for its admission.
294	331		13 (f) A new or existing support order entered by the court
295	332		14 under this Section shall be deemed to be a series of judgments
296	333		15 against the person obligated to pay support thereunder, each
297	334		16 judgment to be in the amount of each payment or installment of
298	335		17 support and each judgment to be deemed entered as of the date
299	336		18 the corresponding payment or installment becomes due under the
300	337		19 terms of the support order. Each judgment shall have the full
301	338		20 force, effect, and attributes of any other judgment of this
302	339		21 State, including the ability to be enforced. A judgment under
303	340		22 this Section is subject to modification or termination only in
304	341		23 accordance with Section 510 of the Illinois Marriage and
305	342		24 Dissolution of Marriage Act. Notwithstanding any State or
306	343		25 local law to the contrary, a lien arises by operation of law
307	344		26 against the real and personal property of the noncustodial
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318	355		1 parent for each installment of overdue support owed by the
319	356		2 noncustodial parent.
320	357		3 (g) If the judgment or order of the court is at variance
321	358		4 with the child's birth certificate, the court shall order that
322	359		5 a new birth certificate be issued under the Vital Records Act.
323	360		6 (h) On the request of both parents, the court shall order a
324	361		7 change in the child's name.
325	362		8 (i) After hearing evidence, the court may stay payment of
326	363		9 support during the period of the father's minority or period
327	364		10 of disability.
328	365		11 (j) If, upon a showing of proper service, the father fails
329	366		12 to appear in court or otherwise appear as provided by law, the
330	367		13 court may proceed to hear the cause upon testimony of the
331	368		14 mother or other parties taken in open court and shall enter a
332	369		15 judgment by default. The court may reserve any order as to the
333	370		16 amount of child support until the father has received notice,
334	371		17 by regular mail, of a hearing on the matter.
335	372		18 (k) An order for support, when entered or modified, shall
336	373		19 include a provision requiring the non-custodial parent to
337	374		20 notify the court and, in cases in which a party is receiving
338	375		21 child support enforcement services under Article X of the
339	376		22 Illinois Public Aid Code, the Department of Healthcare and
340	377		23 Family Services, within 7 days: (i) of the name and address of
341	378		24 any new employer of the non-custodial parent; (ii) whether the
342	379		25 non-custodial parent has access to health insurance coverage
343	380		26 through the employer or other group coverage and, if so, of the
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354	391		1 policy name and number and the names of adults and initials of
355	392		2 minors covered under the policy; and (iii) of any new
356	393		3 residential or mailing address or telephone number of the
357	394		4 non-custodial parent. In a subsequent action to enforce a
358	395		5 support order, upon a sufficient showing that a diligent
359	396		6 effort has been made to ascertain the location of the
360	397		7 non-custodial parent, service of process or provision of
361	398		8 notice necessary in the case may be made at the last known
362	399		9 address of the non-custodial parent in any manner expressly
363	400		10 provided by this Act or the Code of Civil Procedure, and shall
364	401		11 be sufficient for purposes of due process.
365	402		12 (l) An order for support shall include a date on which the
366	403		13 current support obligation terminates. The termination date
367	404		14 shall be no earlier than the date on which the child covered by
368	405		15 the order will attain the age of 18. However, if the child will
369	406		16 not graduate from high school until after attaining the age of
370	407		17 18, then the termination date shall be no earlier than the
371	408		18 earlier of the date on which the child's high school
372	409		19 graduation will occur or the date on which the child will
373	410		20 attain the age of 19. The order for support shall state that
374	411		21 the termination date does not apply to any arrearage that may
375	412		22 remain unpaid on that date. Nothing in this subsection shall
376	413		23 be construed to prevent the court from modifying the order or
377	414		24 terminating the order in the event the child is otherwise
378	415		25 emancipated.
379	416		26 (m) If there is an unpaid arrearage or delinquency (as
380	417
381	418
382	419
383	420
384	421
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386	423
387	424
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390	427		1 those terms are defined in the Income Withholding for Support
391	428		2 Act) equal to at least one month's support obligation on the
392	429		3 termination date stated in the order for support or, if there
393	430		4 is no termination date stated in the order, on the date the
394	431		5 child attains the age of majority or is otherwise emancipated,
395	432		6 the periodic amount required to be paid for current support of
396	433		7 that child immediately prior to that date shall automatically
397	434		8 continue to be an obligation, not as current support but as
398	435		9 periodic payment toward satisfaction of the unpaid arrearage
399	436		10 or delinquency. The periodic payment shall be in addition to
400	437		11 any periodic payment previously required for satisfaction of
401	438		12 the arrearage or delinquency. The total periodic amount to be
402	439		13 paid toward satisfaction of the arrearage or delinquency may
403	440		14 be enforced and collected by any method provided by law for
404	441		15 enforcement and collection of child support, including but not
405	442		16 limited to income withholding under the Income Withholding for
406	443		17 Support Act. Each order for support entered or modified must
407	444		18 contain a statement notifying the parties of the requirements
408	445		19 of this subsection. Failure to include the statement in the
409	446		20 order for support does not affect the validity of the order or
410	447		21 the operation of the provisions of this subsection with regard
411	448		22 to the order. This subsection shall not be construed to
412	449		23 prevent or affect the establishment or modification of an
413	450		24 order for support of a minor child or the establishment or
414	451		25 modification of an order for support of a non-minor child or
415	452		26 educational expenses under Section 513 of the Illinois
416	453
417	454
418	455
419	456
420	457
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422	459
423	460
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426	463		1 Marriage and Dissolution of Marriage Act.
427	464		2 (n) An order entered under this Section shall include a
428	465		3 provision requiring the obligor to report to the obligee and
429	466		4 to the clerk of court within 7 days each time the obligor
430	467		5 obtains new employment, and each time the obligor's employment
431	468		6 is terminated for any reason. The report shall be in writing
432	469		7 and shall, in the case of new employment, include the name and
433	470		8 address of the new employer. Failure to report new employment
434	471		9 or the termination of current employment, if coupled with
435	472		10 nonpayment of support for a period in excess of 60 days, is
436	473		11 indirect criminal contempt. For an obligor arrested for
437	474		12 failure to report new employment, bond shall be set in the
438	475		13 amount of the child support that should have been paid during
439	476		14 the period of unreported employment. An order entered under
440	477		15 this Section shall also include a provision requiring the
441	478		16 obligor and obligee parents to advise each other of a change in
442	479		17 residence within 5 days of the change except when the court
443	480		18 finds that the physical, mental, or emotional health of a
444	481		19 party or that of a minor child, or both, would be seriously
445	482		20 endangered by disclosure of the party's address.
446	483		21 (Source: P.A. 102-541, eff. 8-20-21.)
447	484		22 Section 99. Effective date. This Act takes effect upon
448	485		23 becoming law.
449	486
450	487
451	488
452	489
453	490
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