Illinois 2023-2024 Regular Session

Illinois House Bill HB4314 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 HB4314 Introduced , by Rep. Travis Weaver 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 34719 LNS 64566 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4314 Introduced , by Rep. Travis Weaver 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 34719 LNS 64566 b LRB103 34719 LNS 64566 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4314 Introduced , by Rep. Travis Weaver SYNOPSIS AS INTRODUCED:
3	3	New Act750 ILCS 46/802 New Act 750 ILCS 46/802
4	4	New Act
5	5	750 ILCS 46/802
6	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.
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9	9	A BILL FOR
10	10	HB4314LRB103 34719 LNS 64566 b HB4314 LRB103 34719 LNS 64566 b
11	11	HB4314 LRB103 34719 LNS 64566 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 1. Short title. This Act may be cited as the
16	16	5 Pregnancy Expenses Act.
17	17	6 Section 5. Definitions. As used in this Act:
18	18	7 "Donor" means an individual who participates in an
19	19	8 assisted reproductive technology arrangement by providing
20	20	9 gametes and relinquishes all rights and responsibility to the
21	21	10 gametes so that another individual or individuals may become
22	22	11 the legal parent or parents of any resulting child. "Donor"
23	23	12 does not include a spouse in any assisted reproductive
24	24	13 technology arrangement in which the other spouse will parent
25	25	14 any resulting child.
26	26	15 "Gamete" means either a sperm or an egg.
27	27	16 "Other intended parent" means a person who has expressed
28	28	17 an intent to be the legal parent of a child with a pregnant
29	29	18 person but did not contribute sperm to the creation of the
30	30	19 pregnancy.
31	31	20 "Party to the pregnancy" means a person who contributed
32	32	21 sperm to the creation of the pregnancy. "Other party to the
33	33	22 pregnancy" does not include a donor.
34	34	23 "Pregnancy expenses" means an amount equal to:
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4314 Introduced , by Rep. Travis Weaver SYNOPSIS AS INTRODUCED:
39	39	New Act750 ILCS 46/802 New Act 750 ILCS 46/802
40	40	New Act
41	41	750 ILCS 46/802
42	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	45	A BILL FOR
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71	71	1 (1) the sum of a pregnant person's:
72	72	2 (A) health insurance premiums while pregnant that
73	73	3 are not paid by an employer or government program; and
74	74	4 (B) medical costs related to the pregnancy,
75	75	5 incurred after the date of implantation and before the
76	76	6 pregnancy ends, including any medical costs related to
77	77	7 the delivery of the child; minus
78	78	8 (2) any portion of the amount described in paragraph
79	79	9 (1) that a court determines is equitable based on the
80	80	10 totality of the circumstances, not including any amount
81	81	11 paid by the pregnant person, other party to the pregnancy,
82	82	12 or other intended parent.
83	83	13 "Pregnancy expenses" does not include costs related to an
84	84	14 abortion.
85	85	15 "Pregnant person" means a person who is carrying or has
86	86	16 carried a pregnancy.
87	87	17 Section 10. Pregnancy expenses.
88	88	18 (a) Except as otherwise provided in this Section, the
89	89	19 other party to the pregnancy or the other intended parent, if
90	90	20 there is one, has a duty to pay 50% of the pregnant person's
91	91	21 pregnancy expenses. If the other intended parent's parentage
92	92	22 is disputed, the other party to the pregnancy owes no duty
93	93	23 under this Section until the other intended parent's parentage
94	94	24 is determined under the Illinois Parentage Act of 2015.
95	95	25 (b) Any portion of a pregnant person's pregnancy expenses
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106	106	1 paid by the pregnant person, other party to the pregnancy, or
107	107	2 other intended parent reduces that party's 50% share under
108	108	3 subsection (a), not the total amount of pregnancy expenses.
109	109	4 This subsection applies regardless of when the pregnant
110	110	5 person, other party to the pregnancy, or other intended parent
111	111	6 pays the pregnancy expense.
112	112	7 (c) This Section does not apply if the court apportions
113	113	8 pregnancy expenses under Article 8 of the Illinois Parentage
114	114	9 Act of 2015 or Part V of the Illinois Marriage and Dissolution
115	115	10 of Marriage Act.
116	116	11 (d) This Section does not apply to any pregnancy for which
117	117	12 there is a valid gestational surrogacy contract pursuant to
118	118	13 the Illinois Gestational Surrogacy Act.
119	119	14 Section 15. Actions seeking payment of pregnancy expenses.
120	120	15 (a) An action seeking the payment of pregnancy expenses
121	121	16 may be brought during or after the pregnancy. The petitioner
122	122	17 is not required to wait until the pregnancy ends to bring an
123	123	18 action under this Act.
124	124	19 (b) An action seeking the payment of pregnancy expenses
125	125	20 shall only be brought by the pregnant person or the pregnant
126	126	21 person's legally authorized designee in the event of death or
127	127	22 incapacitation of the pregnant person.
128	128	23 (c) In an action seeking the payment of pregnancy
129	129	24 expenses, the court, in its determination of whether to order
130	130	25 the other party to the pregnancy or other intended parent to
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141	141	1 pay pregnancy expenses, shall consider:
142	142	2 (1) the income and property of each party;
143	143	3 (2) the needs of each party;
144	144	4 (3) the realistic present and future earning capacity
145	145	5 of each party;
146	146	6 (4) any impairment of the present and future earning
147	147	7 capacity of the pregnant person seeking pregnancy expenses
148	148	8 due to that person devoting time to domestic duties or
149	149	9 having forgone or delayed education, training, employment,
150	150	10 or career opportunities due to the pregnancy; and
151	151	11 (5) any other factor that the court expressly finds to
152	152	12 be just and equitable.
153	153	13 (d) In an action seeking the payment of pregnancy
154	154	14 expenses, the court, in its discretion, may order the other
155	155	15 party to the pregnancy or other intended parent to pay more
156	156	16 than 50% of the pregnancy expenses.
157	157	17 (e) If a person seeks payment of pregnancy expenses under
158	158	18 this Act by providing documentation of payments, medical
159	159	19 expenses, and insurance premiums, the court may, after review,
160	160	20 order the payment of the pregnancy expenses.
161	161	21 Section 90. The Illinois Parentage Act of 2015 is amended
162	162	22 by changing Section 802 as follows:
163	163	23 (750 ILCS 46/802)
164	164	24 Sec. 802. Judgment.
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175	175	1 (a) The court shall issue an order adjudicating whether a
176	176	2 person alleged or claiming to be the parent is the parent of
177	177	3 the child. An order adjudicating parentage must identify the
178	178	4 child by name and date of birth.
179	179	5 The court may assess filing fees, reasonable attorney's
180	180	6 fees, fees for genetic testing, other costs, necessary travel
181	181	7 expenses, and other reasonable expenses incurred in a
182	182	8 proceeding under this Act. The court may award attorney's
183	183	9 fees, which may be paid directly to the attorney, who may
184	184	10 enforce the order in the attorney's own name. The court may not
185	185	11 assess fees, costs, or expenses against the
186	186	12 support-enforcement agency of this State or another state,
187	187	13 except as provided by other law.
188	188	14 The judgment shall contain or explicitly reserve
189	189	15 provisions concerning any duty and amount of child support and
190	190	16 may contain or explicitly reserve provisions concerning the
191	191	17 allocation of parental responsibilities or guardianship of the
192	192	18 child, parenting time privileges with the child, and the
193	193	19 furnishing of bond or other security for the payment of the
194	194	20 judgment, which the court shall determine in accordance with
195	195	21 the relevant factors set forth in the Illinois Marriage and
196	196	22 Dissolution of Marriage Act and any other applicable law of
197	197	23 this State, to guide the court in a finding in the best
198	198	24 interests of the child. In determining the allocation of
199	199	25 parental responsibilities, relocation, parenting time,
200	200	26 parenting time interference, support for a non-minor disabled
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211	211	1 child, educational expenses for a non-minor child, and related
212	212	2 post-judgment issues, the court shall apply the relevant
213	213	3 standards of the Illinois Marriage and Dissolution of Marriage
214	214	4 Act. Specifically, in determining the amount of a child
215	215	5 support award, the court shall use the guidelines and
216	216	6 standards set forth in subsection (a) of Section 505 and in
217	217	7 Section 505.2 of the Illinois Marriage and Dissolution of
218	218	8 Marriage Act. The court shall order all child support
219	219	9 payments, determined in accordance with such guidelines, to
220	220	10 commence with the date summons is served. The level of current
221	221	11 periodic support payments shall not be reduced because of
222	222	12 payments set for the period prior to the date of entry of the
223	223	13 support order.
224	224	14 (b) In an action brought during a pregnancy or within 2
225	225	15 years after a child's birth, the judgment or order may direct
226	226	16 the other party to the pregnancy or other intended parent
227	227	17 either parent to pay 50% of pregnancy the reasonable expenses,
228	228	18 as defined in the Pregnancy Expenses Act, incurred by the
229	229	19 pregnant person either parent or the Department of Healthcare
230	230	20 and Family Services. However, the court, in its discretion,
231	231	21 may direct the other party to the pregnancy or other intended
232	232	22 parent to pay more than 50% of pregnancy expenses related to
233	233	23 the mother's pregnancy and the delivery of the child.
234	234	24 (c) In the absence of an explicit order or judgment for the
235	235	25 allocation of parental responsibilities, to the extent the
236	236	26 court has authority under the Uniform Child-Custody
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247	247	1 Jurisdiction and Enforcement Act or any other appropriate
248	248	2 State law, the establishment of a child support obligation or
249	249	3 the allocation of parenting time to one parent shall be
250	250	4 construed as an order or judgment allocating all parental
251	251	5 responsibilities to the other parent. If the parentage order
252	252	6 or judgment contains no such provisions, all parental
253	253	7 responsibilities shall be presumed to be allocated to the
254	254	8 mother; however, the presumption shall not apply if the child
255	255	9 has resided primarily with the other parent for at least 6
256	256	10 months prior to the date that the mother seeks to enforce the
257	257	11 order or judgment of parentage.
258	258	12 (c-5) Notwithstanding the limitations regarding the
259	259	13 establishment of custody under the Uniform Interstate Family
260	260	14 Support Act, that Act is not exclusive, and custody/allocation
261	261	15 of parental responsibilities may be determined concurrently
262	262	16 under other appropriate State laws, where this determination
263	263	17 may be validly made.
264	264	18 (d) The court, if necessary to protect and promote the
265	265	19 best interests of the child, may set aside a portion of the
266	266	20 separately held estates of the parties in a separate fund or
267	267	21 trust for the support, education, physical and mental health,
268	268	22 and general welfare of a minor or mentally or physically
269	269	23 disabled child of the parties.
270	270	24 (e) The court may order child support payments to be made
271	271	25 for a period prior to the commencement of the action. In
272	272	26 determining whether and to what extent the payments shall be
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283	283	1 made for the prior period, the court shall consider all
284	284	2 relevant facts, including but not limited to:
285	285	3 (1) The factors for determining the amount of support
286	286	4 specified in the Illinois Marriage and Dissolution of
287	287	5 Marriage Act.
288	288	6 (2) The prior knowledge of the person obligated to pay
289	289	7 support of the fact and circumstances of the child's
290	290	8 birth.
291	291	9 (3) The father's prior willingness or refusal to help
292	292	10 raise or support the child.
293	293	11 (4) The extent to which the mother or the public
294	294	12 agency bringing the action previously informed the person
295	295	13 obligated to pay support of the child's needs or attempted
296	296	14 to seek or require the help of the person obligated to pay
297	297	15 support in raising or supporting the child.
298	298	16 (5) The reasons the mother or the public agency did
299	299	17 not file the action earlier.
300	300	18 (6) The extent to which the person obligated to pay
301	301	19 support would be prejudiced by the delay in bringing the
302	302	20 action.
303	303	21 For purposes of determining the amount of child support to
304	304	22 be paid for the period before the date the order for current
305	305	23 child support is entered, there is a rebuttable presumption
306	306	24 that the net income of the person obligated to pay support for
307	307	25 the prior period was the same as the net income of the person
308	308	26 obligated to pay support at the time the order for current
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319	319	1 child support is entered.
320	320	2 If (i) the person obligated to pay support was properly
321	321	3 served with a request for discovery of financial information
322	322	4 relating to the ability to provide child support of the person
323	323	5 obligated to pay support; (ii) the person obligated to pay
324	324	6 support failed to comply with the request, despite having been
325	325	7 ordered to do so by the court; and (iii) the person obligated
326	326	8 to pay support is not present at the hearing to determine
327	327	9 support despite having received proper notice, then any
328	328	10 relevant financial information concerning the ability to
329	329	11 provide child support of the person obligated to pay support
330	330	12 that was obtained pursuant to subpoena and proper notice shall
331	331	13 be admitted into evidence without the need to establish any
332	332	14 further foundation for its admission.
333	333	15 (f) A new or existing support order entered by the court
334	334	16 under this Section shall be deemed to be a series of judgments
335	335	17 against the person obligated to pay support thereunder, each
336	336	18 judgment to be in the amount of each payment or installment of
337	337	19 support and each judgment to be deemed entered as of the date
338	338	20 the corresponding payment or installment becomes due under the
339	339	21 terms of the support order. Each judgment shall have the full
340	340	22 force, effect, and attributes of any other judgment of this
341	341	23 State, including the ability to be enforced. A judgment under
342	342	24 this Section is subject to modification or termination only in
343	343	25 accordance with Section 510 of the Illinois Marriage and
344	344	26 Dissolution of Marriage Act. Notwithstanding any State or
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355	355	1 local law to the contrary, a lien arises by operation of law
356	356	2 against the real and personal property of the noncustodial
357	357	3 parent for each installment of overdue support owed by the
358	358	4 noncustodial parent.
359	359	5 (g) If the judgment or order of the court is at variance
360	360	6 with the child's birth certificate, the court shall order that
361	361	7 a new birth certificate be issued under the Vital Records Act.
362	362	8 (h) On the request of both parents, the court shall order a
363	363	9 change in the child's name.
364	364	10 (i) After hearing evidence, the court may stay payment of
365	365	11 support during the period of the father's minority or period
366	366	12 of disability.
367	367	13 (j) If, upon a showing of proper service, the father fails
368	368	14 to appear in court or otherwise appear as provided by law, the
369	369	15 court may proceed to hear the cause upon testimony of the
370	370	16 mother or other parties taken in open court and shall enter a
371	371	17 judgment by default. The court may reserve any order as to the
372	372	18 amount of child support until the father has received notice,
373	373	19 by regular mail, of a hearing on the matter.
374	374	20 (k) An order for support, when entered or modified, shall
375	375	21 include a provision requiring the non-custodial parent to
376	376	22 notify the court and, in cases in which a party is receiving
377	377	23 child support enforcement services under Article X of the
378	378	24 Illinois Public Aid Code, the Department of Healthcare and
379	379	25 Family Services, within 7 days: (i) of the name and address of
380	380	26 any new employer of the non-custodial parent; (ii) whether the
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391	391	1 non-custodial parent has access to health insurance coverage
392	392	2 through the employer or other group coverage and, if so, of the
393	393	3 policy name and number and the names of adults and initials of
394	394	4 minors covered under the policy; and (iii) of any new
395	395	5 residential or mailing address or telephone number of the
396	396	6 non-custodial parent. In a subsequent action to enforce a
397	397	7 support order, upon a sufficient showing that a diligent
398	398	8 effort has been made to ascertain the location of the
399	399	9 non-custodial parent, service of process or provision of
400	400	10 notice necessary in the case may be made at the last known
401	401	11 address of the non-custodial parent in any manner expressly
402	402	12 provided by this Act or the Code of Civil Procedure, and shall
403	403	13 be sufficient for purposes of due process.
404	404	14 (l) An order for support shall include a date on which the
405	405	15 current support obligation terminates. The termination date
406	406	16 shall be no earlier than the date on which the child covered by
407	407	17 the order will attain the age of 18. However, if the child will
408	408	18 not graduate from high school until after attaining the age of
409	409	19 18, then the termination date shall be no earlier than the
410	410	20 earlier of the date on which the child's high school
411	411	21 graduation will occur or the date on which the child will
412	412	22 attain the age of 19. The order for support shall state that
413	413	23 the termination date does not apply to any arrearage that may
414	414	24 remain unpaid on that date. Nothing in this subsection shall
415	415	25 be construed to prevent the court from modifying the order or
416	416	26 terminating the order in the event the child is otherwise
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427	427	1 emancipated.
428	428	2 (m) If there is an unpaid arrearage or delinquency (as
429	429	3 those terms are defined in the Income Withholding for Support
430	430	4 Act) equal to at least one month's support obligation on the
431	431	5 termination date stated in the order for support or, if there
432	432	6 is no termination date stated in the order, on the date the
433	433	7 child attains the age of majority or is otherwise emancipated,
434	434	8 the periodic amount required to be paid for current support of
435	435	9 that child immediately prior to that date shall automatically
436	436	10 continue to be an obligation, not as current support but as
437	437	11 periodic payment toward satisfaction of the unpaid arrearage
438	438	12 or delinquency. The periodic payment shall be in addition to
439	439	13 any periodic payment previously required for satisfaction of
440	440	14 the arrearage or delinquency. The total periodic amount to be
441	441	15 paid toward satisfaction of the arrearage or delinquency may
442	442	16 be enforced and collected by any method provided by law for
443	443	17 enforcement and collection of child support, including but not
444	444	18 limited to income withholding under the Income Withholding for
445	445	19 Support Act. Each order for support entered or modified must
446	446	20 contain a statement notifying the parties of the requirements
447	447	21 of this subsection. Failure to include the statement in the
448	448	22 order for support does not affect the validity of the order or
449	449	23 the operation of the provisions of this subsection with regard
450	450	24 to the order. This subsection shall not be construed to
451	451	25 prevent or affect the establishment or modification of an
452	452	26 order for support of a minor child or the establishment or
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463	463	1 modification of an order for support of a non-minor child or
464	464	2 educational expenses under Section 513 of the Illinois
465	465	3 Marriage and Dissolution of Marriage Act.
466	466	4 (n) An order entered under this Section shall include a
467	467	5 provision requiring the obligor to report to the obligee and
468	468	6 to the clerk of court within 7 days each time the obligor
469	469	7 obtains new employment, and each time the obligor's employment
470	470	8 is terminated for any reason. The report shall be in writing
471	471	9 and shall, in the case of new employment, include the name and
472	472	10 address of the new employer. Failure to report new employment
473	473	11 or the termination of current employment, if coupled with
474	474	12 nonpayment of support for a period in excess of 60 days, is
475	475	13 indirect criminal contempt. For an obligor arrested for
476	476	14 failure to report new employment, bond shall be set in the
477	477	15 amount of the child support that should have been paid during
478	478	16 the period of unreported employment. An order entered under
479	479	17 this Section shall also include a provision requiring the
480	480	18 obligor and obligee parents to advise each other of a change in
481	481	19 residence within 5 days of the change except when the court
482	482	20 finds that the physical, mental, or emotional health of a
483	483	21 party or that of a minor child, or both, would be seriously
484	484	22 endangered by disclosure of the party's address.
485	485	23 (Source: P.A. 102-541, eff. 8-20-21.)
486	486
487	487
488	488
489	489
490	490
491	491	HB4314 - 13 - LRB103 34719 LNS 64566 b