Illinois 2023-2024 Regular Session

Illinois House Bill HB4074 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 HB4074 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 Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that when maintenance or child support is paid through the clerk of the circuit court in a county of 500,000 inhabitants or less, the order shall direct the obligor to pay to the clerk all fees imposed by the county board under a debt collection provision of the Clerks of Court Act. LRB103 32266 LNS 61521 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4074 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 5/504 from Ch. 40, par. 504 750 ILCS 5/505 from Ch. 40, par. 505 Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that when maintenance or child support is paid through the clerk of the circuit court in a county of 500,000 inhabitants or less, the order shall direct the obligor to pay to the clerk all fees imposed by the county board under a debt collection provision of the Clerks of Court Act. LRB103 32266 LNS 61521 b LRB103 32266 LNS 61521 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4074 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 5/504 from Ch. 40, par. 504 750 ILCS 5/505 from Ch. 40, par. 505
4	4	750 ILCS 5/504 from Ch. 40, par. 504
5	5	750 ILCS 5/505 from Ch. 40, par. 505
6	6	Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that when maintenance or child support is paid through the clerk of the circuit court in a county of 500,000 inhabitants or less, the order shall direct the obligor to pay to the clerk all fees imposed by the county board under a debt collection provision of the Clerks of Court Act.
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8	8	LRB103 32266 LNS 61521 b
9	9	A BILL FOR
10	10	HB4074LRB103 32266 LNS 61521 b HB4074 LRB103 32266 LNS 61521 b
11	11	HB4074 LRB103 32266 LNS 61521 b
12	12	1 AN ACT concerning civil law.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Illinois Marriage and Dissolution of
16	16	5 Marriage Act is amended by changing Sections 504 and 505 as
17	17	6 follows:
18	18	7 (750 ILCS 5/504) (from Ch. 40, par. 504)
19	19	8 Sec. 504. Maintenance.
20	20	9 (a) Entitlement to maintenance. In a proceeding for
21	21	10 dissolution of marriage, legal separation, declaration of
22	22	11 invalidity of marriage, or dissolution of a civil union, a
23	23	12 proceeding for maintenance following a legal separation or
24	24	13 dissolution of the marriage or civil union by a court which
25	25	14 lacked personal jurisdiction over the absent spouse, a
26	26	15 proceeding for modification of a previous order for
27	27	16 maintenance under Section 510 of this Act, or any proceeding
28	28	17 authorized under Section 501 of this Act, the court may grant a
29	29	18 maintenance award for either spouse in amounts and for periods
30	30	19 of time as the court deems just, without regard to marital
31	31	20 misconduct, and the maintenance may be paid from the income or
32	32	21 property of the other spouse. The court shall first make a
33	33	22 finding as to whether a maintenance award is appropriate,
34	34	23 after consideration of all relevant factors, including:
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4074 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
39	39	750 ILCS 5/504 from Ch. 40, par. 504 750 ILCS 5/505 from Ch. 40, par. 505 750 ILCS 5/504 from Ch. 40, par. 504 750 ILCS 5/505 from Ch. 40, par. 505
40	40	750 ILCS 5/504 from Ch. 40, par. 504
41	41	750 ILCS 5/505 from Ch. 40, par. 505
42	42	Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that when maintenance or child support is paid through the clerk of the circuit court in a county of 500,000 inhabitants or less, the order shall direct the obligor to pay to the clerk all fees imposed by the county board under a debt collection provision of the Clerks of Court Act.
43	43	LRB103 32266 LNS 61521 b LRB103 32266 LNS 61521 b
44	44	LRB103 32266 LNS 61521 b
45	45	A BILL FOR
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51	51	750 ILCS 5/504 from Ch. 40, par. 504
52	52	750 ILCS 5/505 from Ch. 40, par. 505
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71	71	1 (1) the income and property of each party, including
72	72	2 marital property apportioned and non-marital property
73	73	3 assigned to the party seeking maintenance as well as all
74	74	4 financial obligations imposed on the parties as a result
75	75	5 of the dissolution of marriage;
76	76	6 (2) the needs of each party;
77	77	7 (3) the realistic present and future earning capacity
78	78	8 of each party;
79	79	9 (4) any impairment of the present and future earning
80	80	10 capacity of the party seeking maintenance due to that
81	81	11 party devoting time to domestic duties or having forgone
82	82	12 or delayed education, training, employment, or career
83	83	13 opportunities due to the marriage;
84	84	14 (5) any impairment of the realistic present or future
85	85	15 earning capacity of the party against whom maintenance is
86	86	16 sought;
87	87	17 (6) the time necessary to enable the party seeking
88	88	18 maintenance to acquire appropriate education, training,
89	89	19 and employment, and whether that party is able to support
90	90	20 himself or herself through appropriate employment;
91	91	21 (6.1) the effect of any parental responsibility
92	92	22 arrangements and its effect on a party's ability to seek
93	93	23 or maintain employment;
94	94	24 (7) the standard of living established during the
95	95	25 marriage;
96	96	26 (8) the duration of the marriage;
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107	107	1 (9) the age, health, station, occupation, amount and
108	108	2 sources of income, vocational skills, employability,
109	109	3 estate, liabilities, and the needs of each of the parties;
110	110	4 (10) all sources of public and private income
111	111	5 including, without limitation, disability and retirement
112	112	6 income;
113	113	7 (11) the tax consequences to each party;
114	114	8 (12) contributions and services by the party seeking
115	115	9 maintenance to the education, training, career or career
116	116	10 potential, or license of the other spouse;
117	117	11 (13) any valid agreement of the parties; and
118	118	12 (14) any other factor that the court expressly finds
119	119	13 to be just and equitable.
120	120	14 (b) (Blank).
121	121	15 (b-1) Amount and duration of maintenance. Unless the court
122	122	16 finds that a maintenance award is appropriate, it shall bar
123	123	17 maintenance as to the party seeking maintenance regardless of
124	124	18 the length of the marriage at the time the action was
125	125	19 commenced. Only if the court finds that a maintenance award is
126	126	20 appropriate, the court shall order guideline maintenance in
127	127	21 accordance with paragraph (1) or non-guideline maintenance in
128	128	22 accordance with paragraph (2) of this subsection (b-1). If the
129	129	23 application of guideline maintenance results in a combined
130	130	24 maintenance and child support obligation that exceeds 50% of
131	131	25 the payor's net income, the court may determine non-guideline
132	132	26 maintenance in accordance with paragraph (2) of this
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143	143	1 subsection (b-1), non-guideline child support in accordance
144	144	2 with paragraph (3.4) of subsection (a) of Section 505, or
145	145	3 both.
146	146	4 (1) Maintenance award in accordance with guidelines.
147	147	5 If the combined gross annual income of the parties is less
148	148	6 than $500,000 and the payor has no obligation to pay child
149	149	7 support or maintenance or both from a prior relationship,
150	150	8 maintenance payable after the date the parties' marriage
151	151	9 is dissolved shall be in accordance with subparagraphs (A)
152	152	10 and (B) of this paragraph (1), unless the court makes a
153	153	11 finding that the application of the guidelines would be
154	154	12 inappropriate.
155	155	13 (A) The amount of maintenance under this paragraph
156	156	14 (1) shall be calculated by taking 33 1/3% of the
157	157	15 payor's net annual income minus 25% of the payee's net
158	158	16 annual income. The amount calculated as maintenance,
159	159	17 however, when added to the net income of the payee,
160	160	18 shall not result in the payee receiving an amount that
161	161	19 is in excess of 40% of the combined net income of the
162	162	20 parties.
163	163	21 (A-1) Modification of maintenance orders entered
164	164	22 before January 1, 2019 that are and continue to be
165	165	23 eligible for inclusion in the gross income of the
166	166	24 payee for federal income tax purposes and deductible
167	167	25 by the payor shall be calculated by taking 30% of the
168	168	26 payor's gross annual income minus 20% of the payee's
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179	179	1 gross annual income, unless both parties expressly
180	180	2 provide otherwise in the modification order. The
181	181	3 amount calculated as maintenance, however, when added
182	182	4 to the gross income of the payee, may not result in the
183	183	5 payee receiving an amount that is in excess of 40% of
184	184	6 the combined gross income of the parties.
185	185	7 (B) The duration of an award under this paragraph
186	186	8 (1) shall be calculated by multiplying the length of
187	187	9 the marriage at the time the action was commenced by
188	188	10 whichever of the following factors applies: less than
189	189	11 5 years (.20); 5 years or more but less than 6 years
190	190	12 (.24); 6 years or more but less than 7 years (.28); 7
191	191	13 years or more but less than 8 years (.32); 8 years or
192	192	14 more but less than 9 years (.36); 9 years or more but
193	193	15 less than 10 years (.40); 10 years or more but less
194	194	16 than 11 years (.44); 11 years or more but less than 12
195	195	17 years (.48); 12 years or more but less than 13 years
196	196	18 (.52); 13 years or more but less than 14 years (.56);
197	197	19 14 years or more but less than 15 years (.60); 15 years
198	198	20 or more but less than 16 years (.64); 16 years or more
199	199	21 but less than 17 years (.68); 17 years or more but less
200	200	22 than 18 years (.72); 18 years or more but less than 19
201	201	23 years (.76); 19 years or more but less than 20 years
202	202	24 (.80). For a marriage of 20 or more years, the court,
203	203	25 in its discretion, shall order maintenance for a
204	204	26 period equal to the length of the marriage or for an
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215	215	1 indefinite term.
216	216	2 (1.5) In the discretion of the court, any term of
217	217	3 temporary maintenance paid by court order under Section
218	218	4 501 may be a corresponding credit to the duration of
219	219	5 maintenance set forth in subparagraph (b-1)(1)(B).
220	220	6 (2) Maintenance award not in accordance with
221	221	7 guidelines. Any non-guidelines award of maintenance shall
222	222	8 be made after the court's consideration of all relevant
223	223	9 factors set forth in subsection (a) of this Section.
224	224	10 (b-2) Findings. In each case involving the issue of
225	225	11 maintenance, the court shall make specific findings of fact,
226	226	12 as follows:
227	227	13 (1) the court shall state its reasoning for awarding
228	228	14 or not awarding maintenance and shall include references
229	229	15 to each relevant factor set forth in subsection (a) of
230	230	16 this Section;
231	231	17 (2) if the court deviates from applicable guidelines
232	232	18 under paragraph (1) of subsection (b-1), it shall state in
233	233	19 its findings the amount of maintenance (if determinable)
234	234	20 or duration that would have been required under the
235	235	21 guidelines and the reasoning for any variance from the
236	236	22 guidelines; and
237	237	23 (3) the court shall state whether the maintenance is
238	238	24 fixed-term, indefinite, reviewable, or reserved by the
239	239	25 court.
240	240	26 (b-3) Gross income. For purposes of this Section, the term
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251	251	1 "gross income" means all income from all sources, within the
252	252	2 scope of that phrase in Section 505 of this Act, except
253	253	3 maintenance payments in the pending proceedings shall not be
254	254	4 included.
255	255	5 (b-3.5) Net income. As used in this Section, "net income"
256	256	6 has the meaning provided in Section 505 of this Act, except
257	257	7 maintenance payments in the pending proceedings shall not be
258	258	8 included.
259	259	9 (b-4) Modification of maintenance orders entered before
260	260	10 January 1, 2019. For any order for maintenance or unallocated
261	261	11 maintenance and child support entered before January 1, 2019
262	262	12 that is modified after December 31, 2018, payments thereunder
263	263	13 shall continue to retain the same tax treatment for federal
264	264	14 income tax purposes unless both parties expressly agree
265	265	15 otherwise and the agreement is included in the modification
266	266	16 order.
267	267	17 (b-4.5) Maintenance designation.
268	268	18 (1) Fixed-term maintenance. If a court grants
269	269	19 maintenance for a fixed term, the court shall designate
270	270	20 the termination of the period during which this
271	271	21 maintenance is to be paid. Maintenance is barred after the
272	272	22 end of the period during which fixed-term maintenance is
273	273	23 to be paid.
274	274	24 (2) Indefinite maintenance. If a court grants
275	275	25 maintenance for an indefinite term, the court shall not
276	276	26 designate a termination date. Indefinite maintenance shall
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287	287	1 continue until modification or termination under Section
288	288	2 510.
289	289	3 (3) Reviewable maintenance. If a court grants
290	290	4 maintenance for a specific term with a review, the court
291	291	5 shall designate the period of the specific term and state
292	292	6 that the maintenance is reviewable. Upon review, the court
293	293	7 shall make a finding in accordance with subdivision (b-8)
294	294	8 of this Section, unless the maintenance is modified or
295	295	9 terminated under Section 510.
296	296	10 (b-5) Interest on maintenance. Any maintenance obligation
297	297	11 including any unallocated maintenance and child support
298	298	12 obligation, or any portion of any support obligation, that
299	299	13 becomes due and remains unpaid shall accrue simple interest as
300	300	14 set forth in Section 505 of this Act.
301	301	15 (b-7) Maintenance judgments. Any new or existing
302	302	16 maintenance order including any unallocated maintenance and
303	303	17 child support order entered by the court under this Section
304	304	18 shall be deemed to be a series of judgments against the person
305	305	19 obligated to pay support thereunder. Each such judgment to be
306	306	20 in the amount of each payment or installment of support and
307	307	21 each such judgment to be deemed entered as of the date the
308	308	22 corresponding payment or installment becomes due under the
309	309	23 terms of the support order, except no judgment shall arise as
310	310	24 to any installment coming due after the termination of
311	311	25 maintenance as provided by Section 510 of the Illinois
312	312	26 Marriage and Dissolution of Marriage Act or the provisions of
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323	323	1 any order for maintenance. Each such judgment shall have the
324	324	2 full force, effect and attributes of any other judgment of
325	325	3 this State, including the ability to be enforced.
326	326	4 Notwithstanding any other State or local law to the contrary,
327	327	5 a lien arises by operation of law against the real and personal
328	328	6 property of the obligor for each installment of overdue
329	329	7 support owed by the obligor.
330	330	8 (b-8) Review of maintenance. Upon review of any previously
331	331	9 ordered maintenance award, the court may extend maintenance
332	332	10 for further review, extend maintenance for a fixed
333	333	11 non-modifiable term, extend maintenance for an indefinite
334	334	12 term, or permanently terminate maintenance in accordance with
335	335	13 subdivision (b-1)(1)(A) of this Section.
336	336	14 (c) Maintenance during an appeal. The court may grant and
337	337	15 enforce the payment of maintenance during the pendency of an
338	338	16 appeal as the court shall deem reasonable and proper.
339	339	17 (d) Maintenance during imprisonment. No maintenance shall
340	340	18 accrue during the period in which a party is imprisoned for
341	341	19 failure to comply with the court's order for the payment of
342	342	20 such maintenance.
343	343	21 (e) Fees when maintenance is paid through the clerk. When
344	344	22 maintenance is to be paid through the clerk of the court in a
345	345	23 county of 500,000 inhabitants or less, the order shall direct
346	346	24 the obligor to pay to the clerk, in addition to the maintenance
347	347	25 payments, all fees imposed by the county board under paragraph
348	348	26 (2) of subsection (j-5) of Section 27.1b paragraph (4) of
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359	359	1 subsection (bb) of Section 27.1a of the Clerks of Courts Act.
360	360	2 When maintenance is to be paid through the clerk of the court
361	361	3 in a county of more than 500,000 but less than 3,000,000
362	362	4 inhabitants, the order shall direct the obligor to pay to the
363	363	5 clerk, in addition to the maintenance payments, all fees
364	364	6 imposed by the county board under paragraph (4) of subsection
365	365	7 (bb) of Section 27.2 of the Clerks of Courts Act. Unless paid
366	366	8 in cash or pursuant to an order for withholding, the payment of
367	367	9 the fee shall be by a separate instrument from the support
368	368	10 payment and shall be made to the order of the Clerk.
369	369	11 (f) Maintenance secured by life insurance. An award
370	370	12 ordered by a court upon entry of a dissolution judgment or upon
371	371	13 entry of an award of maintenance following a reservation of
372	372	14 maintenance in a dissolution judgment may be reasonably
373	373	15 secured, in whole or in part, by life insurance on the payor's
374	374	16 life on terms as to which the parties agree or, if the parties
375	375	17 do not agree, on such terms determined by the court, subject to
376	376	18 the following:
377	377	19 (1) With respect to existing life insurance, provided
378	378	20 the court is apprised through evidence, stipulation, or
379	379	21 otherwise as to level of death benefits, premium, and
380	380	22 other relevant data and makes findings relative thereto,
381	381	23 the court may allocate death benefits, the right to assign
382	382	24 death benefits, or the obligation for future premium
383	383	25 payments between the parties as it deems just.
384	384	26 (2) To the extent the court determines that its award
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395	395	1 should be secured, in whole or in part, by new life
396	396	2 insurance on the payor's life, the court may only order:
397	397	3 (i) that the payor cooperate on all appropriate
398	398	4 steps for the payee to obtain such new life insurance;
399	399	5 and
400	400	6 (ii) that the payee, at his or her sole option and
401	401	7 expense, may obtain such new life insurance on the
402	402	8 payor's life up to a maximum level of death benefit
403	403	9 coverage, or descending death benefit coverage, as is
404	404	10 set by the court, such level not to exceed a reasonable
405	405	11 amount in light of the court's award, with the payee or
406	406	12 the payee's designee being the beneficiary of such
407	407	13 life insurance.
408	408	14 In determining the maximum level of death benefit
409	409	15 coverage, the court shall take into account all relevant
410	410	16 facts and circumstances, including the impact on access to
411	411	17 life insurance by the maintenance payor. If in resolving
412	412	18 any issues under paragraph (2) of this subsection (f) a
413	413	19 court reviews any submitted or proposed application for
414	414	20 new insurance on the life of a maintenance payor, the
415	415	21 review shall be in camera.
416	416	22 (3) (Blank).
417	417	23 (Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17;
418	418	24 100-520, eff. 1-1-18 (see Section 5 of P.A. 100-565 for the
419	419	25 effective date of P.A. 100-520); 100-923, eff. 1-1-19.)
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430	430	1 (750 ILCS 5/505) (from Ch. 40, par. 505)
431	431	2 Sec. 505. Child support; contempt; penalties.
432	432	3 (a) In a proceeding for dissolution of marriage, legal
433	433	4 separation, declaration of invalidity of marriage, or
434	434	5 dissolution of a civil union, a proceeding for child support
435	435	6 following a legal separation or dissolution of the marriage or
436	436	7 civil union by a court that lacked personal jurisdiction over
437	437	8 the absent spouse, a proceeding for modification of a previous
438	438	9 order for child support under Section 510 of this Act, or any
439	439	10 proceeding authorized under Section 501 or 601 of this Act,
440	440	11 the court may order either or both parents owing a duty of
441	441	12 support to a child of the marriage or civil union to pay an
442	442	13 amount reasonable and necessary for support. The duty of
443	443	14 support owed to a child includes the obligation to provide for
444	444	15 the reasonable and necessary physical, mental and emotional
445	445	16 health needs of the child. For purposes of this Section, the
446	446	17 term "child" shall include any child under age 18 and any child
447	447	18 age 19 or younger who is still attending high school. For
448	448	19 purposes of this Section, the term "obligor" means the parent
449	449	20 obligated to pay support to the other parent.
450	450	21 (1) Child support guidelines. The Illinois Department
451	451	22 of Healthcare and Family Services shall adopt rules
452	452	23 establishing child support guidelines which include
453	453	24 worksheets to aid in the calculation of the child support
454	454	25 obligations and a schedule of basic child support
455	455	26 obligations that reflects the percentage of combined net
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466	466	1 income that parents living in the same household in this
467	467	2 State ordinarily spend on their child. The child support
468	468	3 guidelines have the following purposes:
469	469	4 (A) to establish as State policy an adequate
470	470	5 standard of support for a child, subject to the
471	471	6 ability of parents to pay;
472	472	7 (B) to make child support obligations more
473	473	8 equitable by ensuring more consistent treatment of
474	474	9 parents in similar circumstances;
475	475	10 (C) to improve the efficiency of the court process
476	476	11 by promoting settlements and giving courts and the
477	477	12 parties guidance in establishing levels of child
478	478	13 support;
479	479	14 (D) to calculate child support based upon the
480	480	15 parents' combined net income estimated to have been
481	481	16 allocated for the support of the child if the parents
482	482	17 and child were living in an intact household;
483	483	18 (E) to adjust child support based upon the needs
484	484	19 of the child; and
485	485	20 (F) to allocate the amount of child support to be
486	486	21 paid by each parent based upon a parent's net income
487	487	22 and the child's physical care arrangements.
488	488	23 (1.5) Computation of basic child support obligation.
489	489	24 The court shall compute the basic child support obligation
490	490	25 by taking the following steps:
491	491	26 (A) determine each parent's monthly net income;
492	492
493	493
494	494
495	495
496	496
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498	498
499	499
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501	501	HB4074 - 14 - LRB103 32266 LNS 61521 b
502	502	1 (B) add the parents' monthly net incomes together
503	503	2 to determine the combined monthly net income of the
504	504	3 parents;
505	505	4 (C) select the corresponding appropriate amount
506	506	5 from the schedule of basic child support obligations
507	507	6 based on the parties' combined monthly net income and
508	508	7 number of children of the parties; and
509	509	8 (D) calculate each parent's percentage share of
510	510	9 the basic child support obligation.
511	511	10 Although a monetary obligation is computed for each
512	512	11 parent as child support, the receiving parent's share is
513	513	12 not payable to the other parent and is presumed to be spent
514	514	13 directly on the child.
515	515	14 (2) Duty of support. The court shall determine child
516	516	15 support in each case by applying the child support
517	517	16 guidelines unless the court makes a finding that
518	518	17 application of the guidelines would be inappropriate,
519	519	18 after considering the best interests of the child and
520	520	19 evidence which shows relevant factors including, but not
521	521	20 limited to, one or more of the following:
522	522	21 (A) the financial resources and needs of the
523	523	22 child;
524	524	23 (B) the financial resources and needs of the
525	525	24 parents;
526	526	25 (C) the standard of living the child would have
527	527	26 enjoyed had the marriage or civil union not been
528	528
529	529
530	530
531	531
532	532
533	533	HB4074 - 14 - LRB103 32266 LNS 61521 b
534	534
535	535
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537	537	HB4074 - 15 - LRB103 32266 LNS 61521 b
538	538	1 dissolved; and
539	539	2 (D) the physical and emotional condition of the
540	540	3 child and his or her educational needs.
541	541	4 (3) Income.
542	542	5 (A) As used in this Section, "gross income" means
543	543	6 the total of all income from all sources, except
544	544	7 "gross income" does not include (i) benefits received
545	545	8 by the parent from means-tested public assistance
546	546	9 programs, including, but not limited to, Temporary
547	547	10 Assistance for Needy Families, Supplemental Security
548	548	11 Income, and the Supplemental Nutrition Assistance
549	549	12 Program or (ii) benefits and income received by the
550	550	13 parent for other children in the household, including,
551	551	14 but not limited to, child support, survivor benefits,
552	552	15 and foster care payments. Social security disability
553	553	16 and retirement benefits paid for the benefit of the
554	554	17 subject child must be included in the disabled or
555	555	18 retired parent's gross income for purposes of
556	556	19 calculating the parent's child support obligation, but
557	557	20 the parent is entitled to a child support credit for
558	558	21 the amount of benefits paid to the other party for the
559	559	22 child. "Gross income" includes maintenance treated as
560	560	23 taxable income for federal income tax purposes to the
561	561	24 payee and received pursuant to a court order in the
562	562	25 pending proceedings or any other proceedings and shall
563	563	26 be included in the payee's gross income for purposes
564	564
565	565
566	566
567	567
568	568
569	569	HB4074 - 15 - LRB103 32266 LNS 61521 b
570	570
571	571
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573	573	HB4074 - 16 - LRB103 32266 LNS 61521 b
574	574	1 of calculating the parent's child support obligation.
575	575	2 (B) As used in this Section, "net income" means
576	576	3 gross income minus either the standardized tax amount
577	577	4 calculated pursuant to subparagraph (C) of this
578	578	5 paragraph (3) or the individualized tax amount
579	579	6 calculated pursuant to subparagraph (D) of this
580	580	7 paragraph (3), and minus any adjustments pursuant to
581	581	8 subparagraph (F) of this paragraph (3). The
582	582	9 standardized tax amount shall be used unless the
583	583	10 requirements for an individualized tax amount set
584	584	11 forth in subparagraph (E) of this paragraph (3) are
585	585	12 met. "Net income" includes maintenance not includable
586	586	13 in the gross taxable income of the payee for federal
587	587	14 income tax purposes under a court order in the pending
588	588	15 proceedings or any other proceedings and shall be
589	589	16 included in the payee's net income for purposes of
590	590	17 calculating the parent's child support obligation.
591	591	18 (C) As used in this Section, "standardized tax
592	592	19 amount" means the total of federal and state income
593	593	20 taxes for a single person claiming the standard tax
594	594	21 deduction, one personal exemption, and the applicable
595	595	22 number of dependency exemptions for the minor child or
596	596	23 children of the parties, and Social Security and
597	597	24 Medicare tax calculated at the Federal Insurance
598	598	25 Contributions Act rate.
599	599	26 (I) Unless a court has determined otherwise or
600	600
601	601
602	602
603	603
604	604
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606	606
607	607
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609	609	HB4074 - 17 - LRB103 32266 LNS 61521 b
610	610	1 the parties otherwise agree, the party with the
611	611	2 majority of parenting time shall be deemed
612	612	3 entitled to claim the dependency exemption for the
613	613	4 parties' minor child.
614	614	5 (II) The Illinois Department of Healthcare and
615	615	6 Family Services shall promulgate a standardized
616	616	7 net income conversion table that computes net
617	617	8 income by deducting the standardized tax amount
618	618	9 from gross income.
619	619	10 (D) As used in this Section, "individualized tax
620	620	11 amount" means the aggregate of the following taxes:
621	621	12 (I) federal income tax (properly calculated
622	622	13 withholding or estimated payments);
623	623	14 (II) State income tax (properly calculated
624	624	15 withholding or estimated payments); and
625	625	16 (III) Social Security or self-employment tax,
626	626	17 if applicable (or, if none, mandatory retirement
627	627	18 contributions required by law or as a condition of
628	628	19 employment) and Medicare tax calculated at the
629	629	20 Federal Insurance Contributions Act rate.
630	630	21 (E) In lieu of a standardized tax amount, a
631	631	22 determination of an individualized tax amount may be
632	632	23 made under items (I), (II), or (III) below. If an
633	633	24 individualized tax amount determination is made under
634	634	25 this subparagraph (E), all relevant tax attributes
635	635	26 (including filing status, allocation of dependency
636	636
637	637
638	638
639	639
640	640
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642	642
643	643
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645	645	HB4074 - 18 - LRB103 32266 LNS 61521 b
646	646	1 exemptions, and whether a party is to claim the use of
647	647	2 the standard deduction or itemized deductions for
648	648	3 federal income tax purposes) shall be as the parties
649	649	4 agree or as the court determines. To determine a
650	650	5 party's reported income, the court may order the party
651	651	6 to complete an Internal Revenue Service Form 4506-T,
652	652	7 Request for Tax Transcript.
653	653	8 (I) Agreement. Irrespective of whether the
654	654	9 parties agree on any other issue before the court,
655	655	10 if they jointly stipulate for the record their
656	656	11 concurrence on a computation method for the
657	657	12 individualized tax amount that is different from
658	658	13 the method set forth under subparagraph (D), the
659	659	14 stipulated method shall be used by the court
660	660	15 unless the court rejects the proposed stipulated
661	661	16 method for good cause.
662	662	17 (II) Summary hearing. If the court determines
663	663	18 child support in a summary hearing under Section
664	664	19 501 and an eligible party opts in to the
665	665	20 individualized tax amount method under this item
666	666	21 (II), the individualized tax amount shall be
667	667	22 determined by the court on the basis of
668	668	23 information contained in one or both parties'
669	669	24 Supreme Court approved Financial Affidavit (Family &
670	670	25 Divorce Cases) and relevant supporting documents
671	671	26 under applicable court rules. No party, however,
672	672
673	673
674	674
675	675
676	676
677	677	HB4074 - 18 - LRB103 32266 LNS 61521 b
678	678
679	679
680	680	HB4074- 19 -LRB103 32266 LNS 61521 b HB4074 - 19 - LRB103 32266 LNS 61521 b
681	681	HB4074 - 19 - LRB103 32266 LNS 61521 b
682	682	1 is eligible to opt in unless the party, under
683	683	2 applicable court rules, has served the other party
684	684	3 with the required Supreme Court approved Financial
685	685	4 Affidavit (Family & Divorce Cases) and has
686	686	5 substantially produced supporting documents
687	687	6 required by the applicable court rules.
688	688	7 (III) Evidentiary hearing. If the court
689	689	8 determines child support in an evidentiary
690	690	9 hearing, whether for purposes of a temporary order
691	691	10 or at the conclusion of a proceeding, item (II) of
692	692	11 this subparagraph (E) does not apply. In each such
693	693	12 case (unless item (I) governs), the individualized
694	694	13 tax amount shall be as determined by the court on
695	695	14 the basis of the record established.
696	696	15 (F) Adjustments to income.
697	697	16 (I) Multi-family adjustment. If a parent is
698	698	17 also legally responsible for support of a child
699	699	18 not shared with the other parent and not subject
700	700	19 to the present proceeding, there shall be an
701	701	20 adjustment to net income as follows:
702	702	21 (i) Multi-family adjustment with court
703	703	22 order. The court shall deduct from the
704	704	23 parent's net income the amount of child
705	705	24 support actually paid by the parent pursuant
706	706	25 to a support order unless the court makes a
707	707	26 finding that it would cause economic hardship
708	708
709	709
710	710
711	711
712	712
713	713	HB4074 - 19 - LRB103 32266 LNS 61521 b
714	714
715	715
716	716	HB4074- 20 -LRB103 32266 LNS 61521 b HB4074 - 20 - LRB103 32266 LNS 61521 b
717	717	HB4074 - 20 - LRB103 32266 LNS 61521 b
718	718	1 to the child.
719	719	2 (ii) Multi-family adjustment without court
720	720	3 order. Upon the request or application of a
721	721	4 parent actually supporting a presumed,
722	722	5 acknowledged, or adjudicated child living in
723	723	6 or outside of that parent's household, there
724	724	7 shall be an adjustment to child support. The
725	725	8 court shall deduct from the parent's net
726	726	9 income the amount of financial support
727	727	10 actually paid by the parent for the child or
728	728	11 75% of the support the parent should pay under
729	729	12 the child support guidelines (before this
730	730	13 adjustment), whichever is less, unless the
731	731	14 court makes a finding that it would cause
732	732	15 economic hardship to the child. The adjustment
733	733	16 shall be calculated using that parent's income
734	734	17 alone.
735	735	18 (II) Spousal Maintenance adjustment.
736	736	19 Obligations pursuant to a court order for spousal
737	737	20 maintenance in the pending proceeding actually
738	738	21 paid or payable to the same party to whom child
739	739	22 support is to be payable or actually paid to a
740	740	23 former spouse pursuant to a court order shall be
741	741	24 deducted from the parent's after-tax income,
742	742	25 unless the maintenance obligation is tax
743	743	26 deductible to the payor for federal income tax
744	744
745	745
746	746
747	747
748	748
749	749	HB4074 - 20 - LRB103 32266 LNS 61521 b
750	750
751	751
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753	753	HB4074 - 21 - LRB103 32266 LNS 61521 b
754	754	1 purposes, in which case it shall be deducted from
755	755	2 the payor's gross income for purposes of
756	756	3 calculating the parent's child support obligation.
757	757	4 (3.1) Business income. For purposes of calculating
758	758	5 child support, net business income from the operation of a
759	759	6 business means gross receipts minus ordinary and necessary
760	760	7 expenses required to carry on the trade or business. As
761	761	8 used in this paragraph, "business" includes, but is not
762	762	9 limited to, sole proprietorships, closely held
763	763	10 corporations, partnerships, other flow-through business
764	764	11 entities, and self-employment. The court shall apply the
765	765	12 following:
766	766	13 (A) The accelerated component of depreciation and
767	767	14 any business expenses determined either judicially or
768	768	15 administratively to be inappropriate or excessive
769	769	16 shall be excluded from the total of ordinary and
770	770	17 necessary business expenses to be deducted in the
771	771	18 determination of net business income from gross
772	772	19 business income.
773	773	20 (B) Any item of reimbursement or in-kind payment
774	774	21 received by a parent from a business, including, but
775	775	22 not limited to, a company car, reimbursed meals, free
776	776	23 housing, or a housing allowance, shall be counted as
777	777	24 income if not otherwise included in the recipient's
778	778	25 gross income, if the item is significant in amount and
779	779	26 reduces personal expenses.
780	780
781	781
782	782
783	783
784	784
785	785	HB4074 - 21 - LRB103 32266 LNS 61521 b
786	786
787	787
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789	789	HB4074 - 22 - LRB103 32266 LNS 61521 b
790	790	1 (3.2) Unemployment or underemployment. If a parent is
791	791	2 voluntarily unemployed or underemployed, child support
792	792	3 shall be calculated based on a determination of potential
793	793	4 income. A determination of potential income shall be made
794	794	5 by determining employment potential and probable earnings
795	795	6 level based on the obligor's work history, occupational
796	796	7 qualifications, prevailing job opportunities, the
797	797	8 ownership by a parent of a substantial non-income
798	798	9 producing asset, and earnings levels in the community. If
799	799	10 there is insufficient work history to determine employment
800	800	11 potential and probable earnings level, there shall be a
801	801	12 rebuttable presumption that the parent's potential income
802	802	13 is 75% of the most recent United States Department of
803	803	14 Health and Human Services Federal Poverty Guidelines for a
804	804	15 family of one person.
805	805	16 (3.3) Rebuttable presumption in favor of guidelines.
806	806	17 There is a rebuttable presumption in any judicial or
807	807	18 administrative proceeding for child support that the
808	808	19 amount of the child support obligation that would result
809	809	20 from the application of the child support guidelines is
810	810	21 the correct amount of child support.
811	811	22 (3.3a) Minimum child support obligation. There is a
812	812	23 rebuttable presumption that a minimum child support
813	813	24 obligation of $40 per month, per child, will be entered
814	814	25 for an obligor who has actual or imputed gross income at or
815	815	26 less than 75% of the most recent United States Department
816	816
817	817
818	818
819	819
820	820
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822	822
823	823
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825	825	HB4074 - 23 - LRB103 32266 LNS 61521 b
826	826	1 of Health and Human Services Federal Poverty Guidelines
827	827	2 for a family of one person, with a maximum total child
828	828	3 support obligation for that obligor of $120 per month to
829	829	4 be divided equally among all of the obligor's children.
830	830	5 (3.3b) Zero dollar child support order. For parents
831	831	6 with no gross income, who receive only means-tested
832	832	7 assistance, or who cannot work due to a medically proven
833	833	8 disability, incarceration, or institutionalization, there
834	834	9 is a rebuttable presumption that the $40 per month minimum
835	835	10 support order is inapplicable and a zero dollar order
836	836	11 shall be entered.
837	837	12 (3.4) Deviation factors. In any action to establish or
838	838	13 modify child support, whether pursuant to a temporary or
839	839	14 final administrative or court order, the child support
840	840	15 guidelines shall be used as a rebuttable presumption for
841	841	16 the establishment or modification of the amount of child
842	842	17 support. The court may deviate from the child support
843	843	18 guidelines if the application would be inequitable,
844	844	19 unjust, or inappropriate. Any deviation from the
845	845	20 guidelines shall be accompanied by written findings by the
846	846	21 court specifying the reasons for the deviation and the
847	847	22 presumed amount under the child support guidelines without
848	848	23 a deviation. These reasons may include:
849	849	24 (A) extraordinary medical expenditures necessary
850	850	25 to preserve the life or health of a party or a child of
851	851	26 either or both of the parties;
852	852
853	853
854	854
855	855
856	856
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858	858
859	859
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861	861	HB4074 - 24 - LRB103 32266 LNS 61521 b
862	862	1 (B) additional expenses incurred for a child
863	863	2 subject to the child support order who has special
864	864	3 medical, physical, or developmental needs; and
865	865	4 (C) any other factor the court determines should
866	866	5 be applied upon a finding that the application of the
867	867	6 child support guidelines would be inappropriate, after
868	868	7 considering the best interest of the child.
869	869	8 (3.5) Income in excess of the schedule of basic child
870	870	9 support obligation. A court may use its discretion to
871	871	10 determine child support if the combined adjusted net
872	872	11 income of the parties exceeds the highest level of the
873	873	12 schedule of basic child support obligation, except that
874	874	13 the basic child support obligation shall not be less than
875	875	14 the highest level of combined net income set forth in the
876	876	15 schedule of basic child support obligation.
877	877	16 (3.6) Extracurricular activities and school expenses.
878	878	17 The court, in its discretion, in addition to the basic
879	879	18 child support obligation, may order either or both parents
880	880	19 owing a duty of support to the child to contribute to the
881	881	20 reasonable school and extracurricular activity expenses
882	882	21 incurred which are intended to enhance the educational,
883	883	22 athletic, social, or cultural development of the child.
884	884	23 (3.7) Child care expenses. The court, in its
885	885	24 discretion, in addition to the basic child support
886	886	25 obligation, may order either or both parents owing a duty
887	887	26 of support to the child to contribute to the reasonable
888	888
889	889
890	890
891	891
892	892
893	893	HB4074 - 24 - LRB103 32266 LNS 61521 b
894	894
895	895
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897	897	HB4074 - 25 - LRB103 32266 LNS 61521 b
898	898	1 child care expenses of the child. The child care expenses
899	899	2 shall be made payable directly to a party or directly to
900	900	3 the child care provider at the time of child care
901	901	4 services.
902	902	5 (A) "Child care expenses" means actual expenses
903	903	6 reasonably necessary to enable a parent or non-parent
904	904	7 custodian to be employed, to attend educational or
905	905	8 vocational training programs to improve employment
906	906	9 opportunities, or to search for employment. "Child
907	907	10 care expenses" also includes deposits for securing
908	908	11 placement in a child care program, the cost of before
909	909	12 and after school care, and camps when school is not in
910	910	13 session. A child's special needs shall be a
911	911	14 consideration in determining reasonable child care
912	912	15 expenses.
913	913	16 (B) Child care expenses shall be prorated in
914	914	17 proportion to each parent's percentage share of
915	915	18 combined net income, and may be added to the basic
916	916	19 child support obligation if not paid directly by each
917	917	20 parent to the provider of child care services. The
918	918	21 obligor's and obligee's portion of actual child care
919	919	22 expenses shall appear in the support order. If
920	920	23 allowed, the value of the federal income tax credit
921	921	24 for child care shall be subtracted from the actual
922	922	25 cost to determine the net child care costs.
923	923	26 (C) The amount of child care expenses shall be
924	924
925	925
926	926
927	927
928	928
929	929	HB4074 - 25 - LRB103 32266 LNS 61521 b
930	930
931	931
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933	933	HB4074 - 26 - LRB103 32266 LNS 61521 b
934	934	1 adequate to obtain reasonable and necessary child
935	935	2 care. The actual child care expenses shall be used to
936	936	3 calculate the child care expenses, if available. When
937	937	4 actual child care expenses vary, the actual child care
938	938	5 expenses may be averaged over the most recent 12-month
939	939	6 period. When a parent is temporarily unemployed or
940	940	7 temporarily not attending educational or vocational
941	941	8 training programs, future child care expenses shall be
942	942	9 based upon prospective expenses to be incurred upon
943	943	10 return to employment or educational or vocational
944	944	11 training programs.
945	945	12 (D) An order for child care expenses may be
946	946	13 modified upon a showing of a substantial change in
947	947	14 circumstances. The party incurring child care expenses
948	948	15 shall notify the other party within 14 days of any
949	949	16 change in the amount of child care expenses that would
950	950	17 affect the annualized child care amount as determined
951	951	18 in the support order.
952	952	19 (3.8) Shared physical care. If each parent exercises
953	953	20 146 or more overnights per year with the child, the basic
954	954	21 child support obligation is multiplied by 1.5 to calculate
955	955	22 the shared care child support obligation. The court shall
956	956	23 determine each parent's share of the shared care child
957	957	24 support obligation based on the parent's percentage share
958	958	25 of combined net income. The child support obligation is
959	959	26 then computed for each parent by multiplying that parent's
960	960
961	961
962	962
963	963
964	964
965	965	HB4074 - 26 - LRB103 32266 LNS 61521 b
966	966
967	967
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969	969	HB4074 - 27 - LRB103 32266 LNS 61521 b
970	970	1 portion of the shared care support obligation by the
971	971	2 percentage of time the child spends with the other parent.
972	972	3 The respective child support obligations are then offset,
973	973	4 with the parent owing more child support paying the
974	974	5 difference between the child support amounts. The Illinois
975	975	6 Department of Healthcare and Family Services shall
976	976	7 promulgate a worksheet to calculate child support in cases
977	977	8 in which the parents have shared physical care and use the
978	978	9 standardized tax amount to determine net income.
979	979	10 (3.9) Split physical care. When there is more than one
980	980	11 child and each parent has physical care of at least one but
981	981	12 not all of the children, the support is calculated by
982	982	13 using 2 child support worksheets to determine the support
983	983	14 each parent owes the other. The support shall be
984	984	15 calculated as follows:
985	985	16 (A) compute the support the first parent would owe
986	986	17 to other parent as if the child in his or her care was
987	987	18 the only child of the parties; then
988	988	19 (B) compute the support the other parent would owe
989	989	20 to the first parent as if the child in his or her care
990	990	21 were the only child of the parties; then
991	991	22 (C) subtract the lesser support obligation from
992	992	23 the greater.
993	993	24 The parent who owes the greater obligation shall be
994	994	25 ordered to pay the difference in support to the other
995	995	26 parent, unless the court determines, pursuant to other
996	996
997	997
998	998
999	999
1000	1000
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1002	1002
1003	1003
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1005	1005	HB4074 - 28 - LRB103 32266 LNS 61521 b
1006	1006	1 provisions of this Section, that it should deviate from
1007	1007	2 the guidelines.
1008	1008	3 (4) Health care to be addressed by the court.
1009	1009	4 (A) A portion of the basic child support
1010	1010	5 obligation is intended to cover basic ordinary
1011	1011	6 out-of-pocket medical expenses. The court, in its
1012	1012	7 discretion, in addition to the basic child support
1013	1013	8 obligation, shall also provide for the child's current
1014	1014	9 and future medical needs by ordering either or both
1015	1015	10 parents to initiate health insurance coverage for the
1016	1016	11 child through currently effective health insurance
1017	1017	12 policies held by the parent or parents, purchase one
1018	1018	13 or more or all health, dental, or vision insurance
1019	1019	14 policies for the child, or provide for the child's
1020	1020	15 current and future medical needs through some other
1021	1021	16 manner.
1022	1022	17 (B) The court, in its discretion, may order either
1023	1023	18 or both parents to contribute to the reasonable health
1024	1024	19 care needs of the child not covered by insurance,
1025	1025	20 including, but not limited to, unreimbursed medical,
1026	1026	21 dental, orthodontic, or vision expenses and any
1027	1027	22 prescription medication for the child not covered
1028	1028	23 under the child's health insurance.
1029	1029	24 (C) If neither parent has access to appropriate
1030	1030	25 private health insurance coverage, the court may
1031	1031	26 order:
1032	1032
1033	1033
1034	1034
1035	1035
1036	1036
1037	1037	HB4074 - 28 - LRB103 32266 LNS 61521 b
1038	1038
1039	1039
1040	1040	HB4074- 29 -LRB103 32266 LNS 61521 b HB4074 - 29 - LRB103 32266 LNS 61521 b
1041	1041	HB4074 - 29 - LRB103 32266 LNS 61521 b
1042	1042	1 (I) one or both parents to provide health
1043	1043	2 insurance coverage at any time it becomes
1044	1044	3 available at a reasonable cost; or
1045	1045	4 (II) the parent or non-parent custodian with
1046	1046	5 primary physical responsibility for the child to
1047	1047	6 apply for public health insurance coverage for the
1048	1048	7 child and require either or both parents to pay a
1049	1049	8 reasonable amount of the cost of health insurance
1050	1050	9 for the child.
1051	1051	10 The order may also provide that any time private
1052	1052	11 health insurance coverage is available at a reasonable
1053	1053	12 cost to that party it will be provided instead of cash
1054	1054	13 medical support. As used in this Section, "cash
1055	1055	14 medical support" means an amount ordered to be paid
1056	1056	15 toward the cost of health insurance provided by a
1057	1057	16 public entity or by another person through employment
1058	1058	17 or otherwise or for other medical costs not covered by
1059	1059	18 insurance.
1060	1060	19 (D) The amount to be added to the basic child
1061	1061	20 support obligation shall be the actual amount of the
1062	1062	21 total health insurance premium that is attributable to
1063	1063	22 the child who is the subject of the order. If this
1064	1064	23 amount is not available or cannot be verified, the
1065	1065	24 total cost of the health insurance premium shall be
1066	1066	25 divided by the total number of persons covered by the
1067	1067	26 policy. The cost per person derived from this
1068	1068
1069	1069
1070	1070
1071	1071
1072	1072
1073	1073	HB4074 - 29 - LRB103 32266 LNS 61521 b
1074	1074
1075	1075
1076	1076	HB4074- 30 -LRB103 32266 LNS 61521 b HB4074 - 30 - LRB103 32266 LNS 61521 b
1077	1077	HB4074 - 30 - LRB103 32266 LNS 61521 b
1078	1078	1 calculation shall be multiplied by the number of
1079	1079	2 children who are the subject of the order and who are
1080	1080	3 covered under the health insurance policy. This amount
1081	1081	4 shall be added to the basic child support obligation
1082	1082	5 and shall be allocated between the parents in
1083	1083	6 proportion to their respective net incomes.
1084	1084	7 (E) After the health insurance premium for the
1085	1085	8 child is added to the basic child support obligation
1086	1086	9 and allocated between the parents in proportion to
1087	1087	10 their respective incomes for child support purposes,
1088	1088	11 if the obligor is paying the premium, the amount
1089	1089	12 calculated for the obligee's share of the health
1090	1090	13 insurance premium for the child shall be deducted from
1091	1091	14 the obligor's share of the total child support
1092	1092	15 obligation. If the obligee is paying for private
1093	1093	16 health insurance for the child, the child support
1094	1094	17 obligation shall be increased by the obligor's share
1095	1095	18 of the premium payment. The obligor's and obligee's
1096	1096	19 portion of health insurance costs shall appear in the
1097	1097	20 support order.
1098	1098	21 (F) Prior to allowing the health insurance
1099	1099	22 adjustment, the parent requesting the adjustment must
1100	1100	23 submit proof that the child has been enrolled in a
1101	1101	24 health insurance plan and must submit proof of the
1102	1102	25 cost of the premium. The court shall require the
1103	1103	26 parent receiving the adjustment to annually submit
1104	1104
1105	1105
1106	1106
1107	1107
1108	1108
1109	1109	HB4074 - 30 - LRB103 32266 LNS 61521 b
1110	1110
1111	1111
1112	1112	HB4074- 31 -LRB103 32266 LNS 61521 b HB4074 - 31 - LRB103 32266 LNS 61521 b
1113	1113	HB4074 - 31 - LRB103 32266 LNS 61521 b
1114	1114	1 proof of continued coverage of the child to the other
1115	1115	2 parent, or as designated by the court.
1116	1116	3 (G) A reasonable cost for providing health
1117	1117	4 insurance coverage for the child may not exceed 5% of
1118	1118	5 the providing parent's gross income. Parents with a
1119	1119	6 net income below 133% of the most recent United States
1120	1120	7 Department of Health and Human Services Federal
1121	1121	8 Poverty Guidelines or whose child is covered by
1122	1122	9 Medicaid based on that parent's income may not be
1123	1123	10 ordered to contribute toward or provide private
1124	1124	11 coverage, unless private coverage is obtainable
1125	1125	12 without any financial contribution by that parent.
1126	1126	13 (H) If dental or vision insurance is included as
1127	1127	14 part of the employer's medical plan, the coverage
1128	1128	15 shall be maintained for the child. If not included in
1129	1129	16 the employer's medical plan, adding the dental or
1130	1130	17 vision insurance for the child is at the discretion of
1131	1131	18 the court.
1132	1132	19 (I) If a parent has been directed to provide
1133	1133	20 health insurance pursuant to this paragraph and that
1134	1134	21 parent's spouse or legally recognized partner provides
1135	1135	22 the insurance for the benefit of the child either
1136	1136	23 directly or through employment, a credit on the child
1137	1137	24 support worksheet shall be given to that parent in the
1138	1138	25 same manner as if the premium were paid by that parent.
1139	1139	26 (4.5) In a proceeding for child support following
1140	1140
1141	1141
1142	1142
1143	1143
1144	1144
1145	1145	HB4074 - 31 - LRB103 32266 LNS 61521 b
1146	1146
1147	1147
1148	1148	HB4074- 32 -LRB103 32266 LNS 61521 b HB4074 - 32 - LRB103 32266 LNS 61521 b
1149	1149	HB4074 - 32 - LRB103 32266 LNS 61521 b
1150	1150	1 dissolution of the marriage or civil union by a court that
1151	1151	2 lacked personal jurisdiction over the absent spouse, and
1152	1152	3 in which the court is requiring payment of support for the
1153	1153	4 period before the date an order for current support is
1154	1154	5 entered, there is a rebuttable presumption that the
1155	1155	6 obligor's net income for the prior period was the same as
1156	1156	7 his or her net income at the time the order for current
1157	1157	8 support is entered.
1158	1158	9 (5) If the net income cannot be determined because of
1159	1159	10 default or any other reason, the court shall order support
1160	1160	11 in an amount considered reasonable in the particular case.
1161	1161	12 The final order in all cases shall state the support level
1162	1162	13 in dollar amounts. However, if the court finds that the
1163	1163	14 child support amount cannot be expressed exclusively as a
1164	1164	15 dollar amount because all or a portion of the obligor's
1165	1165	16 net income is uncertain as to source, time of payment, or
1166	1166	17 amount, the court may order a percentage amount of support
1167	1167	18 in addition to a specific dollar amount and enter such
1168	1168	19 other orders as may be necessary to determine and enforce,
1169	1169	20 on a timely basis, the applicable support ordered.
1170	1170	21 (6) If (i) the obligor was properly served with a
1171	1171	22 request for discovery of financial information relating to
1172	1172	23 the obligor's ability to provide child support, (ii) the
1173	1173	24 obligor failed to comply with the request, despite having
1174	1174	25 been ordered to do so by the court, and (iii) the obligor
1175	1175	26 is not present at the hearing to determine support despite
1176	1176
1177	1177
1178	1178
1179	1179
1180	1180
1181	1181	HB4074 - 32 - LRB103 32266 LNS 61521 b
1182	1182
1183	1183
1184	1184	HB4074- 33 -LRB103 32266 LNS 61521 b HB4074 - 33 - LRB103 32266 LNS 61521 b
1185	1185	HB4074 - 33 - LRB103 32266 LNS 61521 b
1186	1186	1 having received proper notice, then any relevant financial
1187	1187	2 information concerning the obligor's ability to provide
1188	1188	3 child support that was obtained pursuant to subpoena and
1189	1189	4 proper notice shall be admitted into evidence without the
1190	1190	5 need to establish any further foundation for its
1191	1191	6 admission.
1192	1192	7 (a-3) Life insurance to secure support. At the discretion
1193	1193	8 of the court, a child support obligation pursuant to this
1194	1194	9 Section and Sections 510, 513, and 513.5 of this Act may be
1195	1195	10 secured, in whole or in part, by reasonably affordable life
1196	1196	11 insurance on the life of one or both parents on such terms as
1197	1197	12 the parties agree or as the court orders. The court may require
1198	1198	13 such insurance remain in full force and effect until the
1199	1199	14 termination of all obligations of support, subject to the
1200	1200	15 following:
1201	1201	16 (1) Existing life insurance. The court shall be
1202	1202	17 apprised through evidence, stipulation, or otherwise as to
1203	1203	18 the level, ownership, and type of existing life insurance
1204	1204	19 death benefit coverage available to one or both parents,
1205	1205	20 the cost of the premiums, cost ratings, and escalations
1206	1206	21 and assignment of the policy, if applicable, and all other
1207	1207	22 relevant circumstances. The court shall make findings
1208	1208	23 relative thereto.
1209	1209	24 (2) New life insurance. The court shall be apprised
1210	1210	25 through evidence, stipulation, or otherwise as to the
1211	1211	26 availability of obtaining reasonably affordable new life
1212	1212
1213	1213
1214	1214
1215	1215
1216	1216
1217	1217	HB4074 - 33 - LRB103 32266 LNS 61521 b
1218	1218
1219	1219
1220	1220	HB4074- 34 -LRB103 32266 LNS 61521 b HB4074 - 34 - LRB103 32266 LNS 61521 b
1221	1221	HB4074 - 34 - LRB103 32266 LNS 61521 b
1222	1222	1 insurance. To the extent the court determines that the
1223	1223	2 support obligations should be secured, in whole or in
1224	1224	3 part, by new life insurance on the life of one or both
1225	1225	4 parents, the court may order that one or both parents
1226	1226	5 comply with all requirements to obtain such new life
1227	1227	6 insurance through employment, trade union, fraternal
1228	1228	7 organizations, associations, or individual means.
1229	1229	8 In determining the level and type of death benefits
1230	1230	9 coverage to be obtained by a parent, the court shall
1231	1231	10 consider access and availability of life insurance to that
1232	1232	11 parent, the cost of the premium, cost ratings, and
1233	1233	12 escalations, if applicable, and all other relevant
1234	1234	13 circumstances.
1235	1235	14 (3) Other security. If life insurance is unavailable
1236	1236	15 to a parent, the court, in its discretion, or as agreed to
1237	1237	16 by the parties, may order other equitable and reasonable
1238	1238	17 means to secure a child support obligation.
1239	1239	18 (a-5) In an action to enforce an order for child support
1240	1240	19 based on the obligor's failure to make support payments as
1241	1241	20 required by the order, notice of proceedings to hold the
1242	1242	21 obligor in contempt for that failure may be served on the
1243	1243	22 obligor by personal service or by regular mail addressed to
1244	1244	23 the last known address of the obligor. The last known address
1245	1245	24 of the obligor may be determined from records of the clerk of
1246	1246	25 the court, from the Federal Case Registry of Child Support
1247	1247	26 Orders, or by any other reasonable means.
1248	1248
1249	1249
1250	1250
1251	1251
1252	1252
1253	1253	HB4074 - 34 - LRB103 32266 LNS 61521 b
1254	1254
1255	1255
1256	1256	HB4074- 35 -LRB103 32266 LNS 61521 b HB4074 - 35 - LRB103 32266 LNS 61521 b
1257	1257	HB4074 - 35 - LRB103 32266 LNS 61521 b
1258	1258	1 (b) Failure of either parent to comply with an order to pay
1259	1259	2 support shall be punishable as in other cases of contempt. In
1260	1260	3 addition to other penalties provided by law the court may,
1261	1261	4 after finding the parent guilty of contempt, order that the
1262	1262	5 parent be:
1263	1263	6 (1) placed on probation with such conditions of
1264	1264	7 probation as the court deems advisable;
1265	1265	8 (2) sentenced to periodic imprisonment for a period
1266	1266	9 not to exceed 6 months; provided, however, that the court
1267	1267	10 may permit the parent to be released for periods of time
1268	1268	11 during the day or night to:
1269	1269	12 (A) work; or
1270	1270	13 (B) conduct a business or other self-employed
1271	1271	14 occupation.
1272	1272	15 The court may further order any part or all of the earnings
1273	1273	16 of a parent during a sentence of periodic imprisonment paid to
1274	1274	17 the Clerk of the Circuit Court or to the parent having physical
1275	1275	18 possession of the child or to the non-parent custodian having
1276	1276	19 custody of the child of the sentenced parent for the support of
1277	1277	20 the child until further order of the court.
1278	1278	21 If a parent who is found guilty of contempt for failure to
1279	1279	22 comply with an order to pay support is a person who conducts a
1280	1280	23 business or who is self-employed, the court in addition to
1281	1281	24 other penalties provided by law may order that the parent do
1282	1282	25 one or more of the following: (i) provide to the court monthly
1283	1283	26 financial statements showing income and expenses from the
1284	1284
1285	1285
1286	1286
1287	1287
1288	1288
1289	1289	HB4074 - 35 - LRB103 32266 LNS 61521 b
1290	1290
1291	1291
1292	1292	HB4074- 36 -LRB103 32266 LNS 61521 b HB4074 - 36 - LRB103 32266 LNS 61521 b
1293	1293	HB4074 - 36 - LRB103 32266 LNS 61521 b
1294	1294	1 business or the self-employment; (ii) seek employment and
1295	1295	2 report periodically to the court with a diary, listing, or
1296	1296	3 other memorandum of his or her employment search efforts; or
1297	1297	4 (iii) report to the Department of Employment Security for job
1298	1298	5 search services to find employment that will be subject to
1299	1299	6 withholding for child support.
1300	1300	7 If there is a unity of interest and ownership sufficient
1301	1301	8 to render no financial separation between an obligor and
1302	1302	9 another person or persons or business entity, the court may
1303	1303	10 pierce the ownership veil of the person, persons, or business
1304	1304	11 entity to discover assets of the obligor held in the name of
1305	1305	12 that person, those persons, or that business entity. The
1306	1306	13 following circumstances are sufficient to authorize a court to
1307	1307	14 order discovery of the assets of a person, persons, or
1308	1308	15 business entity and to compel the application of any
1309	1309	16 discovered assets toward payment on the judgment for support:
1310	1310	17 (1) the obligor and the person, persons, or business
1311	1311	18 entity maintain records together.
1312	1312	19 (2) the obligor and the person, persons, or business
1313	1313	20 entity fail to maintain an arm's length relationship
1314	1314	21 between themselves with regard to any assets.
1315	1315	22 (3) the obligor transfers assets to the person,
1316	1316	23 persons, or business entity with the intent to perpetrate
1317	1317	24 a fraud on the obligee.
1318	1318	25 With respect to assets which are real property, no order
1319	1319	26 entered under this paragraph shall affect the rights of bona
1320	1320
1321	1321
1322	1322
1323	1323
1324	1324
1325	1325	HB4074 - 36 - LRB103 32266 LNS 61521 b
1326	1326
1327	1327
1328	1328	HB4074- 37 -LRB103 32266 LNS 61521 b HB4074 - 37 - LRB103 32266 LNS 61521 b
1329	1329	HB4074 - 37 - LRB103 32266 LNS 61521 b
1330	1330	1 fide purchasers, mortgagees, judgment creditors, or other lien
1331	1331	2 holders who acquire their interests in the property prior to
1332	1332	3 the time a notice of lis pendens pursuant to the Code of Civil
1333	1333	4 Procedure or a copy of the order is placed of record in the
1334	1334	5 office of the recorder of deeds for the county in which the
1335	1335	6 real property is located.
1336	1336	7 The court may also order in cases where the parent is 90
1337	1337	8 days or more delinquent in payment of support or has been
1338	1338	9 adjudicated in arrears in an amount equal to 90 days
1339	1339	10 obligation or more, that the parent's Illinois driving
1340	1340	11 privileges be suspended until the court determines that the
1341	1341	12 parent is in compliance with the order of support. The court
1342	1342	13 may also order that the parent be issued a family financial
1343	1343	14 responsibility driving permit that would allow limited driving
1344	1344	15 privileges for employment and medical purposes in accordance
1345	1345	16 with Section 7-702.1 of the Illinois Vehicle Code. The Clerk
1346	1346	17 of the Circuit Court shall certify the order suspending the
1347	1347	18 driving privileges of the parent or granting the issuance of a
1348	1348	19 family financial responsibility driving permit to the
1349	1349	20 Secretary of State on forms prescribed by the Secretary of
1350	1350	21 State. Upon receipt of the authenticated documents, the
1351	1351	22 Secretary of State shall suspend the parent's driving
1352	1352	23 privileges until further order of the court and shall, if
1353	1353	24 ordered by the court, subject to the provisions of Section
1354	1354	25 7-702.1 of the Illinois Vehicle Code, issue a family financial
1355	1355	26 responsibility driving permit to the parent.
1356	1356
1357	1357
1358	1358
1359	1359
1360	1360
1361	1361	HB4074 - 37 - LRB103 32266 LNS 61521 b
1362	1362
1363	1363
1364	1364	HB4074- 38 -LRB103 32266 LNS 61521 b HB4074 - 38 - LRB103 32266 LNS 61521 b
1365	1365	HB4074 - 38 - LRB103 32266 LNS 61521 b
1366	1366	1 In addition to the penalties or punishment that may be
1367	1367	2 imposed under this Section, any person whose conduct
1368	1368	3 constitutes a violation of Section 15 of the Non-Support
1369	1369	4 Punishment Act may be prosecuted under that Act, and a person
1370	1370	5 convicted under that Act may be sentenced in accordance with
1371	1371	6 that Act. The sentence may include but need not be limited to a
1372	1372	7 requirement that the person perform community service under
1373	1373	8 Section 50 of that Act or participate in a work alternative
1374	1374	9 program under Section 50 of that Act. A person may not be
1375	1375	10 required to participate in a work alternative program under
1376	1376	11 Section 50 of that Act if the person is currently
1377	1377	12 participating in a work program pursuant to Section 505.1 of
1378	1378	13 this Act.
1379	1379	14 A support obligation, or any portion of a support
1380	1380	15 obligation, which becomes due and remains unpaid as of the end
1381	1381	16 of each month, excluding the child support that was due for
1382	1382	17 that month to the extent that it was not paid in that month,
1383	1383	18 shall accrue simple interest as set forth in Section 12-109 of
1384	1384	19 the Code of Civil Procedure. An order for support entered or
1385	1385	20 modified on or after January 1, 2006 shall contain a statement
1386	1386	21 that a support obligation required under the order, or any
1387	1387	22 portion of a support obligation required under the order, that
1388	1388	23 becomes due and remains unpaid as of the end of each month,
1389	1389	24 excluding the child support that was due for that month to the
1390	1390	25 extent that it was not paid in that month, shall accrue simple
1391	1391	26 interest as set forth in Section 12-109 of the Code of Civil
1392	1392
1393	1393
1394	1394
1395	1395
1396	1396
1397	1397	HB4074 - 38 - LRB103 32266 LNS 61521 b
1398	1398
1399	1399
1400	1400	HB4074- 39 -LRB103 32266 LNS 61521 b HB4074 - 39 - LRB103 32266 LNS 61521 b
1401	1401	HB4074 - 39 - LRB103 32266 LNS 61521 b
1402	1402	1 Procedure. Failure to include the statement in the order for
1403	1403	2 support does not affect the validity of the order or the
1404	1404	3 accrual of interest as provided in this Section.
1405	1405	4 (c) A one-time charge of 20% is imposable upon the amount
1406	1406	5 of past-due child support owed on July 1, 1988 which has
1407	1407	6 accrued under a support order entered by the court. The charge
1408	1408	7 shall be imposed in accordance with the provisions of Section
1409	1409	8 10-21 of the Illinois Public Aid Code and shall be enforced by
1410	1410	9 the court upon petition.
1411	1411	10 (d) Any new or existing support order entered by the court
1412	1412	11 under this Section shall be deemed to be a series of judgments
1413	1413	12 against the person obligated to pay support thereunder, each
1414	1414	13 such judgment to be in the amount of each payment or
1415	1415	14 installment of support and each such judgment to be deemed
1416	1416	15 entered as of the date the corresponding payment or
1417	1417	16 installment becomes due under the terms of the support order.
1418	1418	17 Each such judgment shall have the full force, effect and
1419	1419	18 attributes of any other judgment of this State, including the
1420	1420	19 ability to be enforced. Notwithstanding any other State or
1421	1421	20 local law to the contrary, a lien arises by operation of law
1422	1422	21 against the real and personal property of the obligor for each
1423	1423	22 installment of overdue support owed by the obligor.
1424	1424	23 (e) When child support is to be paid through the Clerk of
1425	1425	24 the Court in a county of 500,000 inhabitants or less, the order
1426	1426	25 shall direct the obligor to pay to the Clerk, in addition to
1427	1427	26 the child support payments, all fees imposed by the county
1428	1428
1429	1429
1430	1430
1431	1431
1432	1432
1433	1433	HB4074 - 39 - LRB103 32266 LNS 61521 b
1434	1434
1435	1435
1436	1436	HB4074- 40 -LRB103 32266 LNS 61521 b HB4074 - 40 - LRB103 32266 LNS 61521 b
1437	1437	HB4074 - 40 - LRB103 32266 LNS 61521 b
1438	1438	1 board under paragraph (2) of subsection (j-5) of Section 27.1b
1439	1439	2 paragraph (4) of subsection (bb) of Section 27.1a of the
1440	1440	3 Clerks of Courts Act. When child support is to be paid through
1441	1441	4 the clerk of the court in a county of more than 500,000 but
1442	1442	5 less than 3,000,000 inhabitants, the order shall direct the
1443	1443	6 obligor to pay to the clerk, in addition to the child support
1444	1444	7 payments, all fees imposed by the county board under paragraph
1445	1445	8 (4) of subsection (bb) of Section 27.2 of the Clerks of Courts
1446	1446	9 Act. Unless paid pursuant to an Income Withholding
1447	1447	10 Order/Notice for Support, the payment of the fee shall be by
1448	1448	11 payment acceptable to the clerk and shall be made to the order
1449	1449	12 of the Clerk.
1450	1450	13 (f) All orders for support, when entered or modified,
1451	1451	14 shall include a provision requiring the obligor to notify the
1452	1452	15 court and, in cases in which a party is receiving child and
1453	1453	16 spouse services under Article X of the Illinois Public Aid
1454	1454	17 Code, the Department of Healthcare and Family Services, within
1455	1455	18 7 days, (i) of the name and address of any new employer of the
1456	1456	19 obligor, (ii) whether the obligor has access to health
1457	1457	20 insurance coverage through the employer or other group
1458	1458	21 coverage and, if so, the policy name and number and the names
1459	1459	22 of persons covered under the policy, except only the initials
1460	1460	23 of any covered minors shall be included, and (iii) of any new
1461	1461	24 residential or mailing address or telephone number of the
1462	1462	25 obligor. In any subsequent action to enforce a support order,
1463	1463	26 upon a sufficient showing that a diligent effort has been made
1464	1464
1465	1465
1466	1466
1467	1467
1468	1468
1469	1469	HB4074 - 40 - LRB103 32266 LNS 61521 b
1470	1470
1471	1471
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1473	1473	HB4074 - 41 - LRB103 32266 LNS 61521 b
1474	1474	1 to ascertain the location of the obligor, service of process
1475	1475	2 or provision of notice necessary in the case may be made at the
1476	1476	3 last known address of the obligor in any manner expressly
1477	1477	4 provided by the Code of Civil Procedure or this Act, which
1478	1478	5 service shall be sufficient for purposes of due process.
1479	1479	6 (g) An order for support shall include a date on which the
1480	1480	7 current support obligation terminates. The termination date
1481	1481	8 shall be no earlier than the date on which the child covered by
1482	1482	9 the order will attain the age of 18. However, if the child will
1483	1483	10 not graduate from high school until after attaining the age of
1484	1484	11 18, then the termination date shall be no earlier than the
1485	1485	12 earlier of the date on which the child's high school
1486	1486	13 graduation will occur or the date on which the child will
1487	1487	14 attain the age of 19. The order for support shall state that
1488	1488	15 the termination date does not apply to any arrearage that may
1489	1489	16 remain unpaid on that date. Nothing in this subsection shall
1490	1490	17 be construed to prevent the court from modifying the order or
1491	1491	18 terminating the order in the event the child is otherwise
1492	1492	19 emancipated.
1493	1493	20 (g-5) If there is an unpaid arrearage or delinquency (as
1494	1494	21 those terms are defined in the Income Withholding for Support
1495	1495	22 Act) equal to at least one month's support obligation on the
1496	1496	23 termination date stated in the order for support or, if there
1497	1497	24 is no termination date stated in the order, on the date the
1498	1498	25 child attains the age of majority or is otherwise emancipated,
1499	1499	26 the periodic amount required to be paid for current support of
1500	1500
1501	1501
1502	1502
1503	1503
1504	1504
1505	1505	HB4074 - 41 - LRB103 32266 LNS 61521 b
1506	1506
1507	1507
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1509	1509	HB4074 - 42 - LRB103 32266 LNS 61521 b
1510	1510	1 that child immediately prior to that date shall automatically
1511	1511	2 continue to be an obligation, not as current support but as
1512	1512	3 periodic payment toward satisfaction of the unpaid arrearage
1513	1513	4 or delinquency. That periodic payment shall be in addition to
1514	1514	5 any periodic payment previously required for satisfaction of
1515	1515	6 the arrearage or delinquency. The total periodic amount to be
1516	1516	7 paid toward satisfaction of the arrearage or delinquency may
1517	1517	8 be enforced and collected by any method provided by law for
1518	1518	9 enforcement and collection of child support, including but not
1519	1519	10 limited to income withholding under the Income Withholding for
1520	1520	11 Support Act. Each order for support entered or modified on or
1521	1521	12 after January 1, 2005 (the effective date of Public Act
1522	1522	13 93-1061) must contain a statement notifying the parties of the
1523	1523	14 requirements of this subsection. Failure to include the
1524	1524	15 statement in the order for support does not affect the
1525	1525	16 validity of the order or the operation of the provisions of
1526	1526	17 this subsection with regard to the order. This subsection
1527	1527	18 shall not be construed to prevent or affect the establishment
1528	1528	19 or modification of an order for support of a minor child or the
1529	1529	20 establishment or modification of an order for support of a
1530	1530	21 non-minor child or educational expenses under Section 513 of
1531	1531	22 this Act.
1532	1532	23 (h) An order entered under this Section shall include a
1533	1533	24 provision requiring either parent to report to the other
1534	1534	25 parent and to the Clerk of Court within 10 days each time
1535	1535	26 either parent obtains new employment, and each time either
1536	1536
1537	1537
1538	1538
1539	1539
1540	1540
1541	1541	HB4074 - 42 - LRB103 32266 LNS 61521 b
1542	1542
1543	1543
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1545	1545	HB4074 - 43 - LRB103 32266 LNS 61521 b
1546	1546	1 parent's employment is terminated for any reason. The report
1547	1547	2 shall be in writing and shall, in the case of new employment,
1548	1548	3 include the name and address of the new employer. Failure to
1549	1549	4 report new employment or the termination of current
1550	1550	5 employment, if coupled with nonpayment of support for a period
1551	1551	6 in excess of 60 days, is indirect criminal contempt. For
1552	1552	7 either parent arrested for failure to report new employment
1553	1553	8 bond shall be set in the amount of the child support that
1554	1554	9 should have been paid during the period of unreported
1555	1555	10 employment. An order entered under this Section shall also
1556	1556	11 include a provision requiring either obligor and obligee to
1557	1557	12 advise the other of a change in residence within 5 days of the
1558	1558	13 change except when the court finds that the physical, mental,
1559	1559	14 or emotional health of a party or that of a child, or both,
1560	1560	15 would be seriously endangered by disclosure of the party's
1561	1561	16 address.
1562	1562	17 (i) The court does not lose the powers of contempt,
1563	1563	18 driver's license suspension, or other child support
1564	1564	19 enforcement mechanisms, including, but not limited to,
1565	1565	20 criminal prosecution as set forth in this Act, upon the
1566	1566	21 emancipation of the minor child.
1567	1567	22 (Source: P.A. 102-823, eff. 5-13-22.)
1568	1568
1569	1569
1570	1570
1571	1571
1572	1572
1573	1573	HB4074 - 43 - LRB103 32266 LNS 61521 b