Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2961 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 SB2961 Introduced 1/31/2024, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: 750 ILCS 5/505 from Ch. 40, par. 505 Amends the Illinois Marriage and Dissolution of Marriage Act. Requires the court, when entering an order for child support, to verbally provide notice to the obligor of (i) the obligor's existing and ongoing obligations to make payment to the obligee, (ii) the obligor's ability to request a modification of the order, and (iii) the possible penalties that may be incurred if the obligor falls into arrears. LRB103 37960 JRC 68092 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2961 Introduced 1/31/2024, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: 750 ILCS 5/505 from Ch. 40, par. 505 750 ILCS 5/505 from Ch. 40, par. 505 Amends the Illinois Marriage and Dissolution of Marriage Act. Requires the court, when entering an order for child support, to verbally provide notice to the obligor of (i) the obligor's existing and ongoing obligations to make payment to the obligee, (ii) the obligor's ability to request a modification of the order, and (iii) the possible penalties that may be incurred if the obligor falls into arrears. LRB103 37960 JRC 68092 b LRB103 37960 JRC 68092 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2961 Introduced 1/31/2024, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
3	3	750 ILCS 5/505 from Ch. 40, par. 505 750 ILCS 5/505 from Ch. 40, par. 505
4	4	750 ILCS 5/505 from Ch. 40, par. 505
5	5	Amends the Illinois Marriage and Dissolution of Marriage Act. Requires the court, when entering an order for child support, to verbally provide notice to the obligor of (i) the obligor's existing and ongoing obligations to make payment to the obligee, (ii) the obligor's ability to request a modification of the order, and (iii) the possible penalties that may be incurred if the obligor falls into arrears.
6	6	LRB103 37960 JRC 68092 b LRB103 37960 JRC 68092 b
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8	8	A BILL FOR
9	9	SB2961LRB103 37960 JRC 68092 b SB2961 LRB103 37960 JRC 68092 b
10	10	SB2961 LRB103 37960 JRC 68092 b
11	11	1 AN ACT concerning civil law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Marriage and Dissolution of
15	15	5 Marriage Act is amended by changing Section 505 as follows:
16	16	6 (750 ILCS 5/505) (from Ch. 40, par. 505)
17	17	7 Sec. 505. Child support; contempt; penalties.
18	18	8 (a) In a proceeding for dissolution of marriage, legal
19	19	9 separation, declaration of invalidity of marriage, or
20	20	10 dissolution of a civil union, a proceeding for child support
21	21	11 following a legal separation or dissolution of the marriage or
22	22	12 civil union by a court that lacked personal jurisdiction over
23	23	13 the absent spouse, a proceeding for modification of a previous
24	24	14 order for child support under Section 510 of this Act, or any
25	25	15 proceeding authorized under Section 501 or 601 of this Act,
26	26	16 the court may order either or both parents owing a duty of
27	27	17 support to a child of the marriage or civil union to pay an
28	28	18 amount reasonable and necessary for support. The duty of
29	29	19 support owed to a child includes the obligation to provide for
30	30	20 the reasonable and necessary physical, mental and emotional
31	31	21 health needs of the child. For purposes of this Section, the
32	32	22 term "child" shall include any child under age 18 and any child
33	33	23 age 19 or younger who is still attending high school. For
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2961 Introduced 1/31/2024, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
38	38	750 ILCS 5/505 from Ch. 40, par. 505 750 ILCS 5/505 from Ch. 40, par. 505
39	39	750 ILCS 5/505 from Ch. 40, par. 505
40	40	Amends the Illinois Marriage and Dissolution of Marriage Act. Requires the court, when entering an order for child support, to verbally provide notice to the obligor of (i) the obligor's existing and ongoing obligations to make payment to the obligee, (ii) the obligor's ability to request a modification of the order, and (iii) the possible penalties that may be incurred if the obligor falls into arrears.
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43	43	A BILL FOR
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68	68	1 purposes of this Section, the term "obligor" means the parent
69	69	2 obligated to pay support to the other parent.
70	70	3 (1) Child support guidelines. The Illinois Department
71	71	4 of Healthcare and Family Services shall adopt rules
72	72	5 establishing child support guidelines which include
73	73	6 worksheets to aid in the calculation of the child support
74	74	7 obligations and a schedule of basic child support
75	75	8 obligations that reflects the percentage of combined net
76	76	9 income that parents living in the same household in this
77	77	10 State ordinarily spend on their child. The child support
78	78	11 guidelines have the following purposes:
79	79	12 (A) to establish as State policy an adequate
80	80	13 standard of support for a child, subject to the
81	81	14 ability of parents to pay;
82	82	15 (B) to make child support obligations more
83	83	16 equitable by ensuring more consistent treatment of
84	84	17 parents in similar circumstances;
85	85	18 (C) to improve the efficiency of the court process
86	86	19 by promoting settlements and giving courts and the
87	87	20 parties guidance in establishing levels of child
88	88	21 support;
89	89	22 (D) to calculate child support based upon the
90	90	23 parents' combined net income estimated to have been
91	91	24 allocated for the support of the child if the parents
92	92	25 and child were living in an intact household;
93	93	26 (E) to adjust child support based upon the needs
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104	104	1 of the child; and
105	105	2 (F) to allocate the amount of child support to be
106	106	3 paid by each parent based upon a parent's net income
107	107	4 and the child's physical care arrangements.
108	108	5 (1.5) Computation of basic child support obligation.
109	109	6 The court shall compute the basic child support obligation
110	110	7 by taking the following steps:
111	111	8 (A) determine each parent's monthly net income;
112	112	9 (B) add the parents' monthly net incomes together
113	113	10 to determine the combined monthly net income of the
114	114	11 parents;
115	115	12 (C) select the corresponding appropriate amount
116	116	13 from the schedule of basic child support obligations
117	117	14 based on the parties' combined monthly net income and
118	118	15 number of children of the parties; and
119	119	16 (D) calculate each parent's percentage share of
120	120	17 the basic child support obligation.
121	121	18 Although a monetary obligation is computed for each
122	122	19 parent as child support, the receiving parent's share is
123	123	20 not payable to the other parent and is presumed to be spent
124	124	21 directly on the child.
125	125	22 (2) Duty of support. The court shall determine child
126	126	23 support in each case by applying the child support
127	127	24 guidelines unless the court makes a finding that
128	128	25 application of the guidelines would be inappropriate,
129	129	26 after considering the best interests of the child and
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140	140	1 evidence which shows relevant factors including, but not
141	141	2 limited to, one or more of the following:
142	142	3 (A) the financial resources and needs of the
143	143	4 child;
144	144	5 (B) the financial resources and needs of the
145	145	6 parents;
146	146	7 (C) the standard of living the child would have
147	147	8 enjoyed had the marriage or civil union not been
148	148	9 dissolved; and
149	149	10 (D) the physical and emotional condition of the
150	150	11 child and his or her educational needs.
151	151	12 (2.5) Notice from the court. Whenever the court enters
152	152	13 an order for child support, the court shall verbally
153	153	14 provide notice to the obligor of (i) the obligor's
154	154	15 existing and ongoing obligations to make payment to the
155	155	16 obligee, (ii) the obligor's ability to request a
156	156	17 modification of the order, and (iii) the possible
157	157	18 penalties that may be incurred if the obligor falls into
158	158	19 arrears.
159	159	20 (3) Income.
160	160	21 (A) As used in this Section, "gross income" means
161	161	22 the total of all income from all sources, except
162	162	23 "gross income" does not include (i) benefits received
163	163	24 by the parent from means-tested public assistance
164	164	25 programs, including, but not limited to, Temporary
165	165	26 Assistance for Needy Families, Supplemental Security
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176	176	1 Income, and the Supplemental Nutrition Assistance
177	177	2 Program or (ii) benefits and income received by the
178	178	3 parent for other children in the household, including,
179	179	4 but not limited to, child support, survivor benefits,
180	180	5 and foster care payments. Social security disability
181	181	6 and retirement benefits paid for the benefit of the
182	182	7 subject child must be included in the disabled or
183	183	8 retired parent's gross income for purposes of
184	184	9 calculating the parent's child support obligation, but
185	185	10 the parent is entitled to a child support credit for
186	186	11 the amount of benefits paid to the other party for the
187	187	12 child. "Gross income" includes maintenance treated as
188	188	13 taxable income for federal income tax purposes to the
189	189	14 payee and received pursuant to a court order in the
190	190	15 pending proceedings or any other proceedings and shall
191	191	16 be included in the payee's gross income for purposes
192	192	17 of calculating the parent's child support obligation.
193	193	18 (B) As used in this Section, "net income" means
194	194	19 gross income minus either the standardized tax amount
195	195	20 calculated pursuant to subparagraph (C) of this
196	196	21 paragraph (3) or the individualized tax amount
197	197	22 calculated pursuant to subparagraph (D) of this
198	198	23 paragraph (3), and minus any adjustments pursuant to
199	199	24 subparagraph (F) of this paragraph (3). The
200	200	25 standardized tax amount shall be used unless the
201	201	26 requirements for an individualized tax amount set
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212	212	1 forth in subparagraph (E) of this paragraph (3) are
213	213	2 met. "Net income" includes maintenance not includable
214	214	3 in the gross taxable income of the payee for federal
215	215	4 income tax purposes under a court order in the pending
216	216	5 proceedings or any other proceedings and shall be
217	217	6 included in the payee's net income for purposes of
218	218	7 calculating the parent's child support obligation.
219	219	8 (C) As used in this Section, "standardized tax
220	220	9 amount" means the total of federal and state income
221	221	10 taxes for a single person claiming the standard tax
222	222	11 deduction, one personal exemption, and the applicable
223	223	12 number of dependency exemptions for the minor child or
224	224	13 children of the parties, and Social Security and
225	225	14 Medicare tax calculated at the Federal Insurance
226	226	15 Contributions Act rate.
227	227	16 (I) Unless a court has determined otherwise or
228	228	17 the parties otherwise agree, the party with the
229	229	18 majority of parenting time shall be deemed
230	230	19 entitled to claim the dependency exemption for the
231	231	20 parties' minor child.
232	232	21 (II) The Illinois Department of Healthcare and
233	233	22 Family Services shall promulgate a standardized
234	234	23 net income conversion table that computes net
235	235	24 income by deducting the standardized tax amount
236	236	25 from gross income.
237	237	26 (D) As used in this Section, "individualized tax
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248	248	1 amount" means the aggregate of the following taxes:
249	249	2 (I) federal income tax (properly calculated
250	250	3 withholding or estimated payments);
251	251	4 (II) State income tax (properly calculated
252	252	5 withholding or estimated payments); and
253	253	6 (III) Social Security or self-employment tax,
254	254	7 if applicable (or, if none, mandatory retirement
255	255	8 contributions required by law or as a condition of
256	256	9 employment) and Medicare tax calculated at the
257	257	10 Federal Insurance Contributions Act rate.
258	258	11 (E) In lieu of a standardized tax amount, a
259	259	12 determination of an individualized tax amount may be
260	260	13 made under items (I), (II), or (III) below. If an
261	261	14 individualized tax amount determination is made under
262	262	15 this subparagraph (E), all relevant tax attributes
263	263	16 (including filing status, allocation of dependency
264	264	17 exemptions, and whether a party is to claim the use of
265	265	18 the standard deduction or itemized deductions for
266	266	19 federal income tax purposes) shall be as the parties
267	267	20 agree or as the court determines. To determine a
268	268	21 party's reported income, the court may order the party
269	269	22 to complete an Internal Revenue Service Form 4506-T,
270	270	23 Request for Tax Transcript.
271	271	24 (I) Agreement. Irrespective of whether the
272	272	25 parties agree on any other issue before the court,
273	273	26 if they jointly stipulate for the record their
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284	284	1 concurrence on a computation method for the
285	285	2 individualized tax amount that is different from
286	286	3 the method set forth under subparagraph (D), the
287	287	4 stipulated method shall be used by the court
288	288	5 unless the court rejects the proposed stipulated
289	289	6 method for good cause.
290	290	7 (II) Summary hearing. If the court determines
291	291	8 child support in a summary hearing under Section
292	292	9 501 and an eligible party opts in to the
293	293	10 individualized tax amount method under this item
294	294	11 (II), the individualized tax amount shall be
295	295	12 determined by the court on the basis of
296	296	13 information contained in one or both parties'
297	297	14 Supreme Court approved Financial Affidavit (Family &
298	298	15 Divorce Cases) and relevant supporting documents
299	299	16 under applicable court rules. No party, however,
300	300	17 is eligible to opt in unless the party, under
301	301	18 applicable court rules, has served the other party
302	302	19 with the required Supreme Court approved Financial
303	303	20 Affidavit (Family & Divorce Cases) and has
304	304	21 substantially produced supporting documents
305	305	22 required by the applicable court rules.
306	306	23 (III) Evidentiary hearing. If the court
307	307	24 determines child support in an evidentiary
308	308	25 hearing, whether for purposes of a temporary order
309	309	26 or at the conclusion of a proceeding, item (II) of
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320	320	1 this subparagraph (E) does not apply. In each such
321	321	2 case (unless item (I) governs), the individualized
322	322	3 tax amount shall be as determined by the court on
323	323	4 the basis of the record established.
324	324	5 (F) Adjustments to income.
325	325	6 (I) Multi-family adjustment. If a parent is
326	326	7 also legally responsible for support of a child
327	327	8 not shared with the other parent and not subject
328	328	9 to the present proceeding, there shall be an
329	329	10 adjustment to net income as follows:
330	330	11 (i) Multi-family adjustment with court
331	331	12 order. The court shall deduct from the
332	332	13 parent's net income the amount of child
333	333	14 support actually paid by the parent pursuant
334	334	15 to a support order unless the court makes a
335	335	16 finding that it would cause economic hardship
336	336	17 to the child.
337	337	18 (ii) Multi-family adjustment without court
338	338	19 order. Upon the request or application of a
339	339	20 parent actually supporting a presumed,
340	340	21 acknowledged, or adjudicated child living in
341	341	22 or outside of that parent's household, there
342	342	23 shall be an adjustment to child support. The
343	343	24 court shall deduct from the parent's net
344	344	25 income the amount of financial support
345	345	26 actually paid by the parent for the child or
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356	356	1 75% of the support the parent should pay under
357	357	2 the child support guidelines (before this
358	358	3 adjustment), whichever is less, unless the
359	359	4 court makes a finding that it would cause
360	360	5 economic hardship to the child. The adjustment
361	361	6 shall be calculated using that parent's income
362	362	7 alone.
363	363	8 (II) Spousal Maintenance adjustment.
364	364	9 Obligations pursuant to a court order for spousal
365	365	10 maintenance in the pending proceeding actually
366	366	11 paid or payable to the same party to whom child
367	367	12 support is to be payable or actually paid to a
368	368	13 former spouse pursuant to a court order shall be
369	369	14 deducted from the parent's after-tax income,
370	370	15 unless the maintenance obligation is tax
371	371	16 deductible to the payor for federal income tax
372	372	17 purposes, in which case it shall be deducted from
373	373	18 the payor's gross income for purposes of
374	374	19 calculating the parent's child support obligation.
375	375	20 (3.1) Business income. For purposes of calculating
376	376	21 child support, net business income from the operation of a
377	377	22 business means gross receipts minus ordinary and necessary
378	378	23 expenses required to carry on the trade or business. As
379	379	24 used in this paragraph, "business" includes, but is not
380	380	25 limited to, sole proprietorships, closely held
381	381	26 corporations, partnerships, other flow-through business
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392	392	1 entities, and self-employment. The court shall apply the
393	393	2 following:
394	394	3 (A) The accelerated component of depreciation and
395	395	4 any business expenses determined either judicially or
396	396	5 administratively to be inappropriate or excessive
397	397	6 shall be excluded from the total of ordinary and
398	398	7 necessary business expenses to be deducted in the
399	399	8 determination of net business income from gross
400	400	9 business income.
401	401	10 (B) Any item of reimbursement or in-kind payment
402	402	11 received by a parent from a business, including, but
403	403	12 not limited to, a company car, reimbursed meals, free
404	404	13 housing, or a housing allowance, shall be counted as
405	405	14 income if not otherwise included in the recipient's
406	406	15 gross income, if the item is significant in amount and
407	407	16 reduces personal expenses.
408	408	17 (3.2) Unemployment or underemployment. If a parent is
409	409	18 voluntarily unemployed or underemployed, child support
410	410	19 shall be calculated based on a determination of potential
411	411	20 income. A determination of potential income shall be made
412	412	21 by determining employment potential and probable earnings
413	413	22 level based on the obligor's work history, occupational
414	414	23 qualifications, prevailing job opportunities, the
415	415	24 ownership by a parent of a substantial non-income
416	416	25 producing asset, and earnings levels in the community. If
417	417	26 there is insufficient work history to determine employment
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428	428	1 potential and probable earnings level, there shall be a
429	429	2 rebuttable presumption that the parent's potential income
430	430	3 is 75% of the most recent United States Department of
431	431	4 Health and Human Services Federal Poverty Guidelines for a
432	432	5 family of one person.
433	433	6 (3.3) Rebuttable presumption in favor of guidelines.
434	434	7 There is a rebuttable presumption in any judicial or
435	435	8 administrative proceeding for child support that the
436	436	9 amount of the child support obligation that would result
437	437	10 from the application of the child support guidelines is
438	438	11 the correct amount of child support.
439	439	12 (3.3a) Minimum child support obligation. There is a
440	440	13 rebuttable presumption that a minimum child support
441	441	14 obligation of $40 per month, per child, will be entered
442	442	15 for an obligor who has actual or imputed gross income at or
443	443	16 less than 75% of the most recent United States Department
444	444	17 of Health and Human Services Federal Poverty Guidelines
445	445	18 for a family of one person, with a maximum total child
446	446	19 support obligation for that obligor of $120 per month to
447	447	20 be divided equally among all of the obligor's children.
448	448	21 (3.3b) Zero dollar child support order. For parents
449	449	22 with no gross income, who receive only means-tested
450	450	23 assistance, or who cannot work due to a medically proven
451	451	24 disability, incarceration, or institutionalization, there
452	452	25 is a rebuttable presumption that the $40 per month minimum
453	453	26 support order is inapplicable and a zero dollar order
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464	464	1 shall be entered.
465	465	2 (3.4) Deviation factors. In any action to establish or
466	466	3 modify child support, whether pursuant to a temporary or
467	467	4 final administrative or court order, the child support
468	468	5 guidelines shall be used as a rebuttable presumption for
469	469	6 the establishment or modification of the amount of child
470	470	7 support. The court may deviate from the child support
471	471	8 guidelines if the application would be inequitable,
472	472	9 unjust, or inappropriate. Any deviation from the
473	473	10 guidelines shall be accompanied by written findings by the
474	474	11 court specifying the reasons for the deviation and the
475	475	12 presumed amount under the child support guidelines without
476	476	13 a deviation. These reasons may include:
477	477	14 (A) extraordinary medical expenditures necessary
478	478	15 to preserve the life or health of a party or a child of
479	479	16 either or both of the parties;
480	480	17 (B) additional expenses incurred for a child
481	481	18 subject to the child support order who has special
482	482	19 medical, physical, or developmental needs; and
483	483	20 (C) any other factor the court determines should
484	484	21 be applied upon a finding that the application of the
485	485	22 child support guidelines would be inappropriate, after
486	486	23 considering the best interest of the child.
487	487	24 (3.5) Income in excess of the schedule of basic child
488	488	25 support obligation. A court may use its discretion to
489	489	26 determine child support if the combined adjusted net
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500	500	1 income of the parties exceeds the highest level of the
501	501	2 schedule of basic child support obligation, except that
502	502	3 the basic child support obligation shall not be less than
503	503	4 the highest level of combined net income set forth in the
504	504	5 schedule of basic child support obligation.
505	505	6 (3.6) Extracurricular activities and school expenses.
506	506	7 The court, in its discretion, in addition to the basic
507	507	8 child support obligation, may order either or both parents
508	508	9 owing a duty of support to the child to contribute to the
509	509	10 reasonable school and extracurricular activity expenses
510	510	11 incurred which are intended to enhance the educational,
511	511	12 athletic, social, or cultural development of the child.
512	512	13 (3.7) Child care expenses. The court, in its
513	513	14 discretion, in addition to the basic child support
514	514	15 obligation, may order either or both parents owing a duty
515	515	16 of support to the child to contribute to the reasonable
516	516	17 child care expenses of the child. The child care expenses
517	517	18 shall be made payable directly to a party or directly to
518	518	19 the child care provider at the time of child care
519	519	20 services.
520	520	21 (A) "Child care expenses" means actual expenses
521	521	22 reasonably necessary to enable a parent or non-parent
522	522	23 custodian to be employed, to attend educational or
523	523	24 vocational training programs to improve employment
524	524	25 opportunities, or to search for employment. "Child
525	525	26 care expenses" also includes deposits for securing
526	526
527	527
528	528
529	529
530	530
531	531	SB2961 - 14 - LRB103 37960 JRC 68092 b
532	532
533	533
534	534	SB2961- 15 -LRB103 37960 JRC 68092 b SB2961 - 15 - LRB103 37960 JRC 68092 b
535	535	SB2961 - 15 - LRB103 37960 JRC 68092 b
536	536	1 placement in a child care program, the cost of before
537	537	2 and after school care, and camps when school is not in
538	538	3 session. A child's special needs shall be a
539	539	4 consideration in determining reasonable child care
540	540	5 expenses.
541	541	6 (B) Child care expenses shall be prorated in
542	542	7 proportion to each parent's percentage share of
543	543	8 combined net income, and may be added to the basic
544	544	9 child support obligation if not paid directly by each
545	545	10 parent to the provider of child care services. The
546	546	11 obligor's and obligee's portion of actual child care
547	547	12 expenses shall appear in the support order. If
548	548	13 allowed, the value of the federal income tax credit
549	549	14 for child care shall be subtracted from the actual
550	550	15 cost to determine the net child care costs.
551	551	16 (C) The amount of child care expenses shall be
552	552	17 adequate to obtain reasonable and necessary child
553	553	18 care. The actual child care expenses shall be used to
554	554	19 calculate the child care expenses, if available. When
555	555	20 actual child care expenses vary, the actual child care
556	556	21 expenses may be averaged over the most recent 12-month
557	557	22 period. When a parent is temporarily unemployed or
558	558	23 temporarily not attending educational or vocational
559	559	24 training programs, future child care expenses shall be
560	560	25 based upon prospective expenses to be incurred upon
561	561	26 return to employment or educational or vocational
562	562
563	563
564	564
565	565
566	566
567	567	SB2961 - 15 - LRB103 37960 JRC 68092 b
568	568
569	569
570	570	SB2961- 16 -LRB103 37960 JRC 68092 b SB2961 - 16 - LRB103 37960 JRC 68092 b
571	571	SB2961 - 16 - LRB103 37960 JRC 68092 b
572	572	1 training programs.
573	573	2 (D) An order for child care expenses may be
574	574	3 modified upon a showing of a substantial change in
575	575	4 circumstances. The party incurring child care expenses
576	576	5 shall notify the other party within 14 days of any
577	577	6 change in the amount of child care expenses that would
578	578	7 affect the annualized child care amount as determined
579	579	8 in the support order.
580	580	9 (3.8) Shared physical care. If each parent exercises
581	581	10 146 or more overnights per year with the child, the basic
582	582	11 child support obligation is multiplied by 1.5 to calculate
583	583	12 the shared care child support obligation. The court shall
584	584	13 determine each parent's share of the shared care child
585	585	14 support obligation based on the parent's percentage share
586	586	15 of combined net income. The child support obligation is
587	587	16 then computed for each parent by multiplying that parent's
588	588	17 portion of the shared care support obligation by the
589	589	18 percentage of time the child spends with the other parent.
590	590	19 The respective child support obligations are then offset,
591	591	20 with the parent owing more child support paying the
592	592	21 difference between the child support amounts. The Illinois
593	593	22 Department of Healthcare and Family Services shall
594	594	23 promulgate a worksheet to calculate child support in cases
595	595	24 in which the parents have shared physical care and use the
596	596	25 standardized tax amount to determine net income.
597	597	26 (3.9) Split physical care. When there is more than one
598	598
599	599
600	600
601	601
602	602
603	603	SB2961 - 16 - LRB103 37960 JRC 68092 b
604	604
605	605
606	606	SB2961- 17 -LRB103 37960 JRC 68092 b SB2961 - 17 - LRB103 37960 JRC 68092 b
607	607	SB2961 - 17 - LRB103 37960 JRC 68092 b
608	608	1 child and each parent has physical care of at least one but
609	609	2 not all of the children, the support is calculated by
610	610	3 using 2 child support worksheets to determine the support
611	611	4 each parent owes the other. The support shall be
612	612	5 calculated as follows:
613	613	6 (A) compute the support the first parent would owe
614	614	7 to other parent as if the child in his or her care was
615	615	8 the only child of the parties; then
616	616	9 (B) compute the support the other parent would owe
617	617	10 to the first parent as if the child in his or her care
618	618	11 were the only child of the parties; then
619	619	12 (C) subtract the lesser support obligation from
620	620	13 the greater.
621	621	14 The parent who owes the greater obligation shall be
622	622	15 ordered to pay the difference in support to the other
623	623	16 parent, unless the court determines, pursuant to other
624	624	17 provisions of this Section, that it should deviate from
625	625	18 the guidelines.
626	626	19 (4) Health care to be addressed by the court.
627	627	20 (A) A portion of the basic child support
628	628	21 obligation is intended to cover basic ordinary
629	629	22 out-of-pocket medical expenses. The court, in its
630	630	23 discretion, in addition to the basic child support
631	631	24 obligation, shall also provide for the child's current
632	632	25 and future medical needs by ordering either or both
633	633	26 parents to initiate health insurance coverage for the
634	634
635	635
636	636
637	637
638	638
639	639	SB2961 - 17 - LRB103 37960 JRC 68092 b
640	640
641	641
642	642	SB2961- 18 -LRB103 37960 JRC 68092 b SB2961 - 18 - LRB103 37960 JRC 68092 b
643	643	SB2961 - 18 - LRB103 37960 JRC 68092 b
644	644	1 child through currently effective health insurance
645	645	2 policies held by the parent or parents, purchase one
646	646	3 or more or all health, dental, or vision insurance
647	647	4 policies for the child, or provide for the child's
648	648	5 current and future medical needs through some other
649	649	6 manner.
650	650	7 (B) The court, in its discretion, may order either
651	651	8 or both parents to contribute to the reasonable health
652	652	9 care needs of the child not covered by insurance,
653	653	10 including, but not limited to, unreimbursed medical,
654	654	11 dental, orthodontic, or vision expenses and any
655	655	12 prescription medication for the child not covered
656	656	13 under the child's health insurance.
657	657	14 (C) If neither parent has access to appropriate
658	658	15 private health insurance coverage, the court may
659	659	16 order:
660	660	17 (I) one or both parents to provide health
661	661	18 insurance coverage at any time it becomes
662	662	19 available at a reasonable cost; or
663	663	20 (II) the parent or non-parent custodian with
664	664	21 primary physical responsibility for the child to
665	665	22 apply for public health insurance coverage for the
666	666	23 child and require either or both parents to pay a
667	667	24 reasonable amount of the cost of health insurance
668	668	25 for the child.
669	669	26 The order may also provide that any time private
670	670
671	671
672	672
673	673
674	674
675	675	SB2961 - 18 - LRB103 37960 JRC 68092 b
676	676
677	677
678	678	SB2961- 19 -LRB103 37960 JRC 68092 b SB2961 - 19 - LRB103 37960 JRC 68092 b
679	679	SB2961 - 19 - LRB103 37960 JRC 68092 b
680	680	1 health insurance coverage is available at a reasonable
681	681	2 cost to that party it will be provided instead of cash
682	682	3 medical support. As used in this Section, "cash
683	683	4 medical support" means an amount ordered to be paid
684	684	5 toward the cost of health insurance provided by a
685	685	6 public entity or by another person through employment
686	686	7 or otherwise or for other medical costs not covered by
687	687	8 insurance.
688	688	9 (D) The amount to be added to the basic child
689	689	10 support obligation shall be the actual amount of the
690	690	11 total health insurance premium that is attributable to
691	691	12 the child who is the subject of the order. If this
692	692	13 amount is not available or cannot be verified, the
693	693	14 total cost of the health insurance premium shall be
694	694	15 divided by the total number of persons covered by the
695	695	16 policy. The cost per person derived from this
696	696	17 calculation shall be multiplied by the number of
697	697	18 children who are the subject of the order and who are
698	698	19 covered under the health insurance policy. This amount
699	699	20 shall be added to the basic child support obligation
700	700	21 and shall be allocated between the parents in
701	701	22 proportion to their respective net incomes.
702	702	23 (E) After the health insurance premium for the
703	703	24 child is added to the basic child support obligation
704	704	25 and allocated between the parents in proportion to
705	705	26 their respective incomes for child support purposes,
706	706
707	707
708	708
709	709
710	710
711	711	SB2961 - 19 - LRB103 37960 JRC 68092 b
712	712
713	713
714	714	SB2961- 20 -LRB103 37960 JRC 68092 b SB2961 - 20 - LRB103 37960 JRC 68092 b
715	715	SB2961 - 20 - LRB103 37960 JRC 68092 b
716	716	1 if the obligor is paying the premium, the amount
717	717	2 calculated for the obligee's share of the health
718	718	3 insurance premium for the child shall be deducted from
719	719	4 the obligor's share of the total child support
720	720	5 obligation. If the obligee is paying for private
721	721	6 health insurance for the child, the child support
722	722	7 obligation shall be increased by the obligor's share
723	723	8 of the premium payment. The obligor's and obligee's
724	724	9 portion of health insurance costs shall appear in the
725	725	10 support order.
726	726	11 (F) Prior to allowing the health insurance
727	727	12 adjustment, the parent requesting the adjustment must
728	728	13 submit proof that the child has been enrolled in a
729	729	14 health insurance plan and must submit proof of the
730	730	15 cost of the premium. The court shall require the
731	731	16 parent receiving the adjustment to annually submit
732	732	17 proof of continued coverage of the child to the other
733	733	18 parent, or as designated by the court.
734	734	19 (G) A reasonable cost for providing health
735	735	20 insurance coverage for the child may not exceed 5% of
736	736	21 the providing parent's gross income. Parents with a
737	737	22 net income below 133% of the most recent United States
738	738	23 Department of Health and Human Services Federal
739	739	24 Poverty Guidelines or whose child is covered by
740	740	25 Medicaid based on that parent's income may not be
741	741	26 ordered to contribute toward or provide private
742	742
743	743
744	744
745	745
746	746
747	747	SB2961 - 20 - LRB103 37960 JRC 68092 b
748	748
749	749
750	750	SB2961- 21 -LRB103 37960 JRC 68092 b SB2961 - 21 - LRB103 37960 JRC 68092 b
751	751	SB2961 - 21 - LRB103 37960 JRC 68092 b
752	752	1 coverage, unless private coverage is obtainable
753	753	2 without any financial contribution by that parent.
754	754	3 (H) If dental or vision insurance is included as
755	755	4 part of the employer's medical plan, the coverage
756	756	5 shall be maintained for the child. If not included in
757	757	6 the employer's medical plan, adding the dental or
758	758	7 vision insurance for the child is at the discretion of
759	759	8 the court.
760	760	9 (I) If a parent has been directed to provide
761	761	10 health insurance pursuant to this paragraph and that
762	762	11 parent's spouse or legally recognized partner provides
763	763	12 the insurance for the benefit of the child either
764	764	13 directly or through employment, a credit on the child
765	765	14 support worksheet shall be given to that parent in the
766	766	15 same manner as if the premium were paid by that parent.
767	767	16 (4.5) In a proceeding for child support following
768	768	17 dissolution of the marriage or civil union by a court that
769	769	18 lacked personal jurisdiction over the absent spouse, and
770	770	19 in which the court is requiring payment of support for the
771	771	20 period before the date an order for current support is
772	772	21 entered, there is a rebuttable presumption that the
773	773	22 obligor's net income for the prior period was the same as
774	774	23 his or her net income at the time the order for current
775	775	24 support is entered.
776	776	25 (5) If the net income cannot be determined because of
777	777	26 default or any other reason, the court shall order support
778	778
779	779
780	780
781	781
782	782
783	783	SB2961 - 21 - LRB103 37960 JRC 68092 b
784	784
785	785
786	786	SB2961- 22 -LRB103 37960 JRC 68092 b SB2961 - 22 - LRB103 37960 JRC 68092 b
787	787	SB2961 - 22 - LRB103 37960 JRC 68092 b
788	788	1 in an amount considered reasonable in the particular case.
789	789	2 The final order in all cases shall state the support level
790	790	3 in dollar amounts. However, if the court finds that the
791	791	4 child support amount cannot be expressed exclusively as a
792	792	5 dollar amount because all or a portion of the obligor's
793	793	6 net income is uncertain as to source, time of payment, or
794	794	7 amount, the court may order a percentage amount of support
795	795	8 in addition to a specific dollar amount and enter such
796	796	9 other orders as may be necessary to determine and enforce,
797	797	10 on a timely basis, the applicable support ordered.
798	798	11 (6) If (i) the obligor was properly served with a
799	799	12 request for discovery of financial information relating to
800	800	13 the obligor's ability to provide child support, (ii) the
801	801	14 obligor failed to comply with the request, despite having
802	802	15 been ordered to do so by the court, and (iii) the obligor
803	803	16 is not present at the hearing to determine support despite
804	804	17 having received proper notice, then any relevant financial
805	805	18 information concerning the obligor's ability to provide
806	806	19 child support that was obtained pursuant to subpoena and
807	807	20 proper notice shall be admitted into evidence without the
808	808	21 need to establish any further foundation for its
809	809	22 admission.
810	810	23 (a-3) Life insurance to secure support. At the discretion
811	811	24 of the court, a child support obligation pursuant to this
812	812	25 Section and Sections 510, 513, and 513.5 of this Act may be
813	813	26 secured, in whole or in part, by reasonably affordable life
814	814
815	815
816	816
817	817
818	818
819	819	SB2961 - 22 - LRB103 37960 JRC 68092 b
820	820
821	821
822	822	SB2961- 23 -LRB103 37960 JRC 68092 b SB2961 - 23 - LRB103 37960 JRC 68092 b
823	823	SB2961 - 23 - LRB103 37960 JRC 68092 b
824	824	1 insurance on the life of one or both parents on such terms as
825	825	2 the parties agree or as the court orders. The court may require
826	826	3 such insurance remain in full force and effect until the
827	827	4 termination of all obligations of support, subject to the
828	828	5 following:
829	829	6 (1) Existing life insurance. The court shall be
830	830	7 apprised through evidence, stipulation, or otherwise as to
831	831	8 the level, ownership, and type of existing life insurance
832	832	9 death benefit coverage available to one or both parents,
833	833	10 the cost of the premiums, cost ratings, and escalations
834	834	11 and assignment of the policy, if applicable, and all other
835	835	12 relevant circumstances. The court shall make findings
836	836	13 relative thereto.
837	837	14 (2) New life insurance. The court shall be apprised
838	838	15 through evidence, stipulation, or otherwise as to the
839	839	16 availability of obtaining reasonably affordable new life
840	840	17 insurance. To the extent the court determines that the
841	841	18 support obligations should be secured, in whole or in
842	842	19 part, by new life insurance on the life of one or both
843	843	20 parents, the court may order that one or both parents
844	844	21 comply with all requirements to obtain such new life
845	845	22 insurance through employment, trade union, fraternal
846	846	23 organizations, associations, or individual means.
847	847	24 In determining the level and type of death benefits
848	848	25 coverage to be obtained by a parent, the court shall
849	849	26 consider access and availability of life insurance to that
850	850
851	851
852	852
853	853
854	854
855	855	SB2961 - 23 - LRB103 37960 JRC 68092 b
856	856
857	857
858	858	SB2961- 24 -LRB103 37960 JRC 68092 b SB2961 - 24 - LRB103 37960 JRC 68092 b
859	859	SB2961 - 24 - LRB103 37960 JRC 68092 b
860	860	1 parent, the cost of the premium, cost ratings, and
861	861	2 escalations, if applicable, and all other relevant
862	862	3 circumstances.
863	863	4 (3) Other security. If life insurance is unavailable
864	864	5 to a parent, the court, in its discretion, or as agreed to
865	865	6 by the parties, may order other equitable and reasonable
866	866	7 means to secure a child support obligation.
867	867	8 (a-5) In an action to enforce an order for child support
868	868	9 based on the obligor's failure to make support payments as
869	869	10 required by the order, notice of proceedings to hold the
870	870	11 obligor in contempt for that failure may be served on the
871	871	12 obligor by personal service or by regular mail addressed to
872	872	13 the last known address of the obligor. The last known address
873	873	14 of the obligor may be determined from records of the clerk of
874	874	15 the court, from the Federal Case Registry of Child Support
875	875	16 Orders, or by any other reasonable means.
876	876	17 (b) Failure of either parent to comply with an order to pay
877	877	18 support shall be punishable as in other cases of contempt. In
878	878	19 addition to other penalties provided by law the court may,
879	879	20 after finding the parent guilty of contempt, order that the
880	880	21 parent be:
881	881	22 (1) placed on probation with such conditions of
882	882	23 probation as the court deems advisable;
883	883	24 (2) sentenced to periodic imprisonment for a period
884	884	25 not to exceed 6 months; provided, however, that the court
885	885	26 may permit the parent to be released for periods of time
886	886
887	887
888	888
889	889
890	890
891	891	SB2961 - 24 - LRB103 37960 JRC 68092 b
892	892
893	893
894	894	SB2961- 25 -LRB103 37960 JRC 68092 b SB2961 - 25 - LRB103 37960 JRC 68092 b
895	895	SB2961 - 25 - LRB103 37960 JRC 68092 b
896	896	1 during the day or night to:
897	897	2 (A) work; or
898	898	3 (B) conduct a business or other self-employed
899	899	4 occupation.
900	900	5 The court may further order any part or all of the earnings
901	901	6 of a parent during a sentence of periodic imprisonment paid to
902	902	7 the Clerk of the Circuit Court or to the parent having physical
903	903	8 possession of the child or to the non-parent custodian having
904	904	9 custody of the child of the sentenced parent for the support of
905	905	10 the child until further order of the court.
906	906	11 If a parent who is found guilty of contempt for failure to
907	907	12 comply with an order to pay support is a person who conducts a
908	908	13 business or who is self-employed, the court in addition to
909	909	14 other penalties provided by law may order that the parent do
910	910	15 one or more of the following: (i) provide to the court monthly
911	911	16 financial statements showing income and expenses from the
912	912	17 business or the self-employment; (ii) seek employment and
913	913	18 report periodically to the court with a diary, listing, or
914	914	19 other memorandum of his or her employment search efforts; or
915	915	20 (iii) report to the Department of Employment Security for job
916	916	21 search services to find employment that will be subject to
917	917	22 withholding for child support.
918	918	23 If there is a unity of interest and ownership sufficient
919	919	24 to render no financial separation between an obligor and
920	920	25 another person or persons or business entity, the court may
921	921	26 pierce the ownership veil of the person, persons, or business
922	922
923	923
924	924
925	925
926	926
927	927	SB2961 - 25 - LRB103 37960 JRC 68092 b
928	928
929	929
930	930	SB2961- 26 -LRB103 37960 JRC 68092 b SB2961 - 26 - LRB103 37960 JRC 68092 b
931	931	SB2961 - 26 - LRB103 37960 JRC 68092 b
932	932	1 entity to discover assets of the obligor held in the name of
933	933	2 that person, those persons, or that business entity. The
934	934	3 following circumstances are sufficient to authorize a court to
935	935	4 order discovery of the assets of a person, persons, or
936	936	5 business entity and to compel the application of any
937	937	6 discovered assets toward payment on the judgment for support:
938	938	7 (1) the obligor and the person, persons, or business
939	939	8 entity maintain records together.
940	940	9 (2) the obligor and the person, persons, or business
941	941	10 entity fail to maintain an arm's length relationship
942	942	11 between themselves with regard to any assets.
943	943	12 (3) the obligor transfers assets to the person,
944	944	13 persons, or business entity with the intent to perpetrate
945	945	14 a fraud on the obligee.
946	946	15 With respect to assets which are real property, no order
947	947	16 entered under this paragraph shall affect the rights of bona
948	948	17 fide purchasers, mortgagees, judgment creditors, or other lien
949	949	18 holders who acquire their interests in the property prior to
950	950	19 the time a notice of lis pendens pursuant to the Code of Civil
951	951	20 Procedure or a copy of the order is placed of record in the
952	952	21 office of the recorder of deeds for the county in which the
953	953	22 real property is located.
954	954	23 The court may also order in cases where the parent is 90
955	955	24 days or more delinquent in payment of support or has been
956	956	25 adjudicated in arrears in an amount equal to 90 days
957	957	26 obligation or more, that the parent's Illinois driving
958	958
959	959
960	960
961	961
962	962
963	963	SB2961 - 26 - LRB103 37960 JRC 68092 b
964	964
965	965
966	966	SB2961- 27 -LRB103 37960 JRC 68092 b SB2961 - 27 - LRB103 37960 JRC 68092 b
967	967	SB2961 - 27 - LRB103 37960 JRC 68092 b
968	968	1 privileges be suspended until the court determines that the
969	969	2 parent is in compliance with the order of support. The court
970	970	3 may also order that the parent be issued a family financial
971	971	4 responsibility driving permit that would allow limited driving
972	972	5 privileges for employment and medical purposes in accordance
973	973	6 with Section 7-702.1 of the Illinois Vehicle Code. The Clerk
974	974	7 of the Circuit Court shall certify the order suspending the
975	975	8 driving privileges of the parent or granting the issuance of a
976	976	9 family financial responsibility driving permit to the
977	977	10 Secretary of State on forms prescribed by the Secretary of
978	978	11 State. Upon receipt of the authenticated documents, the
979	979	12 Secretary of State shall suspend the parent's driving
980	980	13 privileges until further order of the court and shall, if
981	981	14 ordered by the court, subject to the provisions of Section
982	982	15 7-702.1 of the Illinois Vehicle Code, issue a family financial
983	983	16 responsibility driving permit to the parent.
984	984	17 In addition to the penalties or punishment that may be
985	985	18 imposed under this Section, any person whose conduct
986	986	19 constitutes a violation of Section 15 of the Non-Support
987	987	20 Punishment Act may be prosecuted under that Act, and a person
988	988	21 convicted under that Act may be sentenced in accordance with
989	989	22 that Act. The sentence may include but need not be limited to a
990	990	23 requirement that the person perform community service under
991	991	24 Section 50 of that Act or participate in a work alternative
992	992	25 program under Section 50 of that Act. A person may not be
993	993	26 required to participate in a work alternative program under
994	994
995	995
996	996
997	997
998	998
999	999	SB2961 - 27 - LRB103 37960 JRC 68092 b
1000	1000
1001	1001
1002	1002	SB2961- 28 -LRB103 37960 JRC 68092 b SB2961 - 28 - LRB103 37960 JRC 68092 b
1003	1003	SB2961 - 28 - LRB103 37960 JRC 68092 b
1004	1004	1 Section 50 of that Act if the person is currently
1005	1005	2 participating in a work program pursuant to Section 505.1 of
1006	1006	3 this Act.
1007	1007	4 A support obligation, or any portion of a support
1008	1008	5 obligation, which becomes due and remains unpaid as of the end
1009	1009	6 of each month, excluding the child support that was due for
1010	1010	7 that month to the extent that it was not paid in that month,
1011	1011	8 shall accrue simple interest as set forth in Section 12-109 of
1012	1012	9 the Code of Civil Procedure. An order for support entered or
1013	1013	10 modified on or after January 1, 2006 shall contain a statement
1014	1014	11 that a support obligation required under the order, or any
1015	1015	12 portion of a support obligation required under the order, that
1016	1016	13 becomes due and remains unpaid as of the end of each month,
1017	1017	14 excluding the child support that was due for that month to the
1018	1018	15 extent that it was not paid in that month, shall accrue simple
1019	1019	16 interest as set forth in Section 12-109 of the Code of Civil
1020	1020	17 Procedure. Failure to include the statement in the order for
1021	1021	18 support does not affect the validity of the order or the
1022	1022	19 accrual of interest as provided in this Section.
1023	1023	20 (c) A one-time charge of 20% is imposable upon the amount
1024	1024	21 of past-due child support owed on July 1, 1988 which has
1025	1025	22 accrued under a support order entered by the court. The charge
1026	1026	23 shall be imposed in accordance with the provisions of Section
1027	1027	24 10-21 of the Illinois Public Aid Code and shall be enforced by
1028	1028	25 the court upon petition.
1029	1029	26 (d) Any new or existing support order entered by the court
1030	1030
1031	1031
1032	1032
1033	1033
1034	1034
1035	1035	SB2961 - 28 - LRB103 37960 JRC 68092 b
1036	1036
1037	1037
1038	1038	SB2961- 29 -LRB103 37960 JRC 68092 b SB2961 - 29 - LRB103 37960 JRC 68092 b
1039	1039	SB2961 - 29 - LRB103 37960 JRC 68092 b
1040	1040	1 under this Section shall be deemed to be a series of judgments
1041	1041	2 against the person obligated to pay support thereunder, each
1042	1042	3 such judgment to be in the amount of each payment or
1043	1043	4 installment of support and each such judgment to be deemed
1044	1044	5 entered as of the date the corresponding payment or
1045	1045	6 installment becomes due under the terms of the support order.
1046	1046	7 Each such judgment shall have the full force, effect and
1047	1047	8 attributes of any other judgment of this State, including the
1048	1048	9 ability to be enforced. Notwithstanding any other State or
1049	1049	10 local law to the contrary, a lien arises by operation of law
1050	1050	11 against the real and personal property of the obligor for each
1051	1051	12 installment of overdue support owed by the obligor.
1052	1052	13 (e) When child support is to be paid through the Clerk of
1053	1053	14 the Court in a county of 500,000 inhabitants or less, the order
1054	1054	15 shall direct the obligor to pay to the Clerk, in addition to
1055	1055	16 the child support payments, all fees imposed by the county
1056	1056	17 board under paragraph (4) of subsection (bb) of Section 27.1a
1057	1057	18 of the Clerks of Courts Act. When child support is to be paid
1058	1058	19 through the clerk of the court in a county of more than 500,000
1059	1059	20 but less than 3,000,000 inhabitants, the order shall direct
1060	1060	21 the obligor to pay to the clerk, in addition to the child
1061	1061	22 support payments, all fees imposed by the county board under
1062	1062	23 paragraph (4) of subsection (bb) of Section 27.2 of the Clerks
1063	1063	24 of Courts Act. Unless paid pursuant to an Income Withholding
1064	1064	25 Order/Notice for Support, the payment of the fee shall be by
1065	1065	26 payment acceptable to the clerk and shall be made to the order
1066	1066
1067	1067
1068	1068
1069	1069
1070	1070
1071	1071	SB2961 - 29 - LRB103 37960 JRC 68092 b
1072	1072
1073	1073
1074	1074	SB2961- 30 -LRB103 37960 JRC 68092 b SB2961 - 30 - LRB103 37960 JRC 68092 b
1075	1075	SB2961 - 30 - LRB103 37960 JRC 68092 b
1076	1076	1 of the Clerk.
1077	1077	2 (f) All orders for support, when entered or modified,
1078	1078	3 shall include a provision requiring the obligor to notify the
1079	1079	4 court and, in cases in which a party is receiving child and
1080	1080	5 spouse services under Article X of the Illinois Public Aid
1081	1081	6 Code, the Department of Healthcare and Family Services, within
1082	1082	7 7 days, (i) of the name and address of any new employer of the
1083	1083	8 obligor, (ii) whether the obligor has access to health
1084	1084	9 insurance coverage through the employer or other group
1085	1085	10 coverage and, if so, the policy name and number and the names
1086	1086	11 of persons covered under the policy, except only the initials
1087	1087	12 of any covered minors shall be included, and (iii) of any new
1088	1088	13 residential or mailing address or telephone number of the
1089	1089	14 obligor. In any subsequent action to enforce a support order,
1090	1090	15 upon a sufficient showing that a diligent effort has been made
1091	1091	16 to ascertain the location of the obligor, service of process
1092	1092	17 or provision of notice necessary in the case may be made at the
1093	1093	18 last known address of the obligor in any manner expressly
1094	1094	19 provided by the Code of Civil Procedure or this Act, which
1095	1095	20 service shall be sufficient for purposes of due process.
1096	1096	21 (g) An order for support shall include a date on which the
1097	1097	22 current support obligation terminates. The termination date
1098	1098	23 shall be no earlier than the date on which the child covered by
1099	1099	24 the order will attain the age of 18. However, if the child will
1100	1100	25 not graduate from high school until after attaining the age of
1101	1101	26 18, then the termination date shall be no earlier than the
1102	1102
1103	1103
1104	1104
1105	1105
1106	1106
1107	1107	SB2961 - 30 - LRB103 37960 JRC 68092 b
1108	1108
1109	1109
1110	1110	SB2961- 31 -LRB103 37960 JRC 68092 b SB2961 - 31 - LRB103 37960 JRC 68092 b
1111	1111	SB2961 - 31 - LRB103 37960 JRC 68092 b
1112	1112	1 earlier of the date on which the child's high school
1113	1113	2 graduation will occur or the date on which the child will
1114	1114	3 attain the age of 19. The order for support shall state that
1115	1115	4 the termination date does not apply to any arrearage that may
1116	1116	5 remain unpaid on that date. Nothing in this subsection shall
1117	1117	6 be construed to prevent the court from modifying the order or
1118	1118	7 terminating the order in the event the child is otherwise
1119	1119	8 emancipated.
1120	1120	9 (g-5) If there is an unpaid arrearage or delinquency (as
1121	1121	10 those terms are defined in the Income Withholding for Support
1122	1122	11 Act) equal to at least one month's support obligation on the
1123	1123	12 termination date stated in the order for support or, if there
1124	1124	13 is no termination date stated in the order, on the date the
1125	1125	14 child attains the age of majority or is otherwise emancipated,
1126	1126	15 the periodic amount required to be paid for current support of
1127	1127	16 that child immediately prior to that date shall automatically
1128	1128	17 continue to be an obligation, not as current support but as
1129	1129	18 periodic payment toward satisfaction of the unpaid arrearage
1130	1130	19 or delinquency. That periodic payment shall be in addition to
1131	1131	20 any periodic payment previously required for satisfaction of
1132	1132	21 the arrearage or delinquency. The total periodic amount to be
1133	1133	22 paid toward satisfaction of the arrearage or delinquency may
1134	1134	23 be enforced and collected by any method provided by law for
1135	1135	24 enforcement and collection of child support, including but not
1136	1136	25 limited to income withholding under the Income Withholding for
1137	1137	26 Support Act. Each order for support entered or modified on or
1138	1138
1139	1139
1140	1140
1141	1141
1142	1142
1143	1143	SB2961 - 31 - LRB103 37960 JRC 68092 b
1144	1144
1145	1145
1146	1146	SB2961- 32 -LRB103 37960 JRC 68092 b SB2961 - 32 - LRB103 37960 JRC 68092 b
1147	1147	SB2961 - 32 - LRB103 37960 JRC 68092 b
1148	1148	1 after January 1, 2005 (the effective date of Public Act
1149	1149	2 93-1061) must contain a statement notifying the parties of the
1150	1150	3 requirements of this subsection. Failure to include the
1151	1151	4 statement in the order for support does not affect the
1152	1152	5 validity of the order or the operation of the provisions of
1153	1153	6 this subsection with regard to the order. This subsection
1154	1154	7 shall not be construed to prevent or affect the establishment
1155	1155	8 or modification of an order for support of a minor child or the
1156	1156	9 establishment or modification of an order for support of a
1157	1157	10 non-minor child or educational expenses under Section 513 of
1158	1158	11 this Act.
1159	1159	12 (h) An order entered under this Section shall include a
1160	1160	13 provision requiring either parent to report to the other
1161	1161	14 parent and to the Clerk of Court within 10 days each time
1162	1162	15 either parent obtains new employment, and each time either
1163	1163	16 parent's employment is terminated for any reason. The report
1164	1164	17 shall be in writing and shall, in the case of new employment,
1165	1165	18 include the name and address of the new employer. Failure to
1166	1166	19 report new employment or the termination of current
1167	1167	20 employment, if coupled with nonpayment of support for a period
1168	1168	21 in excess of 60 days, is indirect criminal contempt. For
1169	1169	22 either parent arrested for failure to report new employment
1170	1170	23 bond shall be set in the amount of the child support that
1171	1171	24 should have been paid during the period of unreported
1172	1172	25 employment. An order entered under this Section shall also
1173	1173	26 include a provision requiring either obligor and obligee to
1174	1174
1175	1175
1176	1176
1177	1177
1178	1178
1179	1179	SB2961 - 32 - LRB103 37960 JRC 68092 b
1180	1180
1181	1181
1182	1182	SB2961- 33 -LRB103 37960 JRC 68092 b SB2961 - 33 - LRB103 37960 JRC 68092 b
1183	1183	SB2961 - 33 - LRB103 37960 JRC 68092 b
1184	1184
1185	1185
1186	1186
1187	1187
1188	1188
1189	1189	SB2961 - 33 - LRB103 37960 JRC 68092 b