Illinois 2025-2026 Regular Session

Illinois House Bill HB1049 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1049 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501750 ILCS 5/520 new Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if a defendant is found guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof where the violation has resulted in the death of another, the court shall order the defendant to pay an amount reasonable and necessary for support of the minor child or children of any victims. Provides for the calculation of child support for a defendant ordered to pay child support under such circumstances. Makes a corresponding change in the Illinois Vehicle Code. LRB104 03160 JRC 13181 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1049 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501750 ILCS 5/520 new 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501 750 ILCS 5/520 new Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if a defendant is found guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof where the violation has resulted in the death of another, the court shall order the defendant to pay an amount reasonable and necessary for support of the minor child or children of any victims. Provides for the calculation of child support for a defendant ordered to pay child support under such circumstances. Makes a corresponding change in the Illinois Vehicle Code. LRB104 03160 JRC 13181 b LRB104 03160 JRC 13181 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1049 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
3	3	625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501750 ILCS 5/520 new 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501 750 ILCS 5/520 new
4	4	625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
5	5	750 ILCS 5/520 new
6	6	Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if a defendant is found guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof where the violation has resulted in the death of another, the court shall order the defendant to pay an amount reasonable and necessary for support of the minor child or children of any victims. Provides for the calculation of child support for a defendant ordered to pay child support under such circumstances. Makes a corresponding change in the Illinois Vehicle Code.
7	7	LRB104 03160 JRC 13181 b LRB104 03160 JRC 13181 b
8	8	LRB104 03160 JRC 13181 b
9	9	A BILL FOR
10	10	HB1049LRB104 03160 JRC 13181 b HB1049 LRB104 03160 JRC 13181 b
11	11	HB1049 LRB104 03160 JRC 13181 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 Vehicle Code is amended by
16	16	5 changing Section 11-501 as follows:
17	17	6 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
18	18	7 Sec. 11-501. Driving while under the influence of alcohol,
19	19	8 other drug or drugs, intoxicating compound or compounds or any
20	20	9 combination thereof.
21	21	10 (a) A person shall not drive or be in actual physical
22	22	11 control of any vehicle within this State while:
23	23	12 (1) the alcohol concentration in the person's blood,
24	24	13 other bodily substance, or breath is 0.08 or more based on
25	25	14 the definition of blood and breath units in Section
26	26	15 11-501.2;
27	27	16 (2) under the influence of alcohol;
28	28	17 (3) under the influence of any intoxicating compound
29	29	18 or combination of intoxicating compounds to a degree that
30	30	19 renders the person incapable of driving safely;
31	31	20 (4) under the influence of any other drug or
32	32	21 combination of drugs to a degree that renders the person
33	33	22 incapable of safely driving;
34	34	23 (5) under the combined influence of alcohol, other
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38	38	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1049 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
39	39	625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501750 ILCS 5/520 new 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501 750 ILCS 5/520 new
40	40	625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
41	41	750 ILCS 5/520 new
42	42	Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if a defendant is found guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof where the violation has resulted in the death of another, the court shall order the defendant to pay an amount reasonable and necessary for support of the minor child or children of any victims. Provides for the calculation of child support for a defendant ordered to pay child support under such circumstances. Makes a corresponding change in the Illinois Vehicle Code.
43	43	LRB104 03160 JRC 13181 b LRB104 03160 JRC 13181 b
44	44	LRB104 03160 JRC 13181 b
45	45	A BILL FOR
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51	51	625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
52	52	750 ILCS 5/520 new
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71	71	1 drug or drugs, or intoxicating compound or compounds to a
72	72	2 degree that renders the person incapable of safely
73	73	3 driving;
74	74	4 (6) there is any amount of a drug, substance, or
75	75	5 compound in the person's breath, blood, other bodily
76	76	6 substance, or urine resulting from the unlawful use or
77	77	7 consumption of a controlled substance listed in the
78	78	8 Illinois Controlled Substances Act, an intoxicating
79	79	9 compound listed in the Use of Intoxicating Compounds Act,
80	80	10 or methamphetamine as listed in the Methamphetamine
81	81	11 Control and Community Protection Act; or
82	82	12 (7) the person has, within 2 hours of driving or being
83	83	13 in actual physical control of a vehicle, a
84	84	14 tetrahydrocannabinol concentration in the person's whole
85	85	15 blood or other bodily substance as defined in paragraph 6
86	86	16 of subsection (a) of Section 11-501.2 of this Code.
87	87	17 Subject to all other requirements and provisions under
88	88	18 this Section, this paragraph (7) does not apply to the
89	89	19 lawful consumption of cannabis by a qualifying patient
90	90	20 licensed under the Compassionate Use of Medical Cannabis
91	91	21 Program Act who is in possession of a valid registry card
92	92	22 issued under that Act, unless that person is impaired by
93	93	23 the use of cannabis.
94	94	24 (b) The fact that any person charged with violating this
95	95	25 Section is or has been legally entitled to use alcohol,
96	96	26 cannabis under the Compassionate Use of Medical Cannabis
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107	107	1 Program Act, other drug or drugs, or intoxicating compound or
108	108	2 compounds, or any combination thereof, shall not constitute a
109	109	3 defense against any charge of violating this Section.
110	110	4 (c) Penalties.
111	111	5 (1) Except as otherwise provided in this Section, any
112	112	6 person convicted of violating subsection (a) of this
113	113	7 Section is guilty of a Class A misdemeanor.
114	114	8 (2) A person who violates subsection (a) or a similar
115	115	9 provision a second time shall be sentenced to a mandatory
116	116	10 minimum term of either 5 days of imprisonment or 240 hours
117	117	11 of community service in addition to any other criminal or
118	118	12 administrative sanction.
119	119	13 (3) A person who violates subsection (a) is subject to
120	120	14 6 months of imprisonment, an additional mandatory minimum
121	121	15 fine of $1,000, and 25 days of community service in a
122	122	16 program benefiting children if the person was transporting
123	123	17 a person under the age of 16 at the time of the violation.
124	124	18 (4) A person who violates subsection (a) a first time,
125	125	19 if the alcohol concentration in his or her blood, breath,
126	126	20 other bodily substance, or urine was 0.16 or more based on
127	127	21 the definition of blood, breath, other bodily substance,
128	128	22 or urine units in Section 11-501.2, shall be subject, in
129	129	23 addition to any other penalty that may be imposed, to a
130	130	24 mandatory minimum of 100 hours of community service and a
131	131	25 mandatory minimum fine of $500.
132	132	26 (5) A person who violates subsection (a) a second
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143	143	1 time, if at the time of the second violation the alcohol
144	144	2 concentration in his or her blood, breath, other bodily
145	145	3 substance, or urine was 0.16 or more based on the
146	146	4 definition of blood, breath, other bodily substance, or
147	147	5 urine units in Section 11-501.2, shall be subject, in
148	148	6 addition to any other penalty that may be imposed, to a
149	149	7 mandatory minimum of 2 days of imprisonment and a
150	150	8 mandatory minimum fine of $1,250.
151	151	9 (d) Aggravated driving under the influence of alcohol,
152	152	10 other drug or drugs, or intoxicating compound or compounds, or
153	153	11 any combination thereof.
154	154	12 (1) Every person convicted of committing a violation
155	155	13 of this Section shall be guilty of aggravated driving
156	156	14 under the influence of alcohol, other drug or drugs, or
157	157	15 intoxicating compound or compounds, or any combination
158	158	16 thereof if:
159	159	17 (A) the person committed a violation of subsection
160	160	18 (a) or a similar provision for the third or subsequent
161	161	19 time;
162	162	20 (B) the person committed a violation of subsection
163	163	21 (a) while driving a school bus with one or more
164	164	22 passengers on board;
165	165	23 (C) the person in committing a violation of
166	166	24 subsection (a) was involved in a motor vehicle crash
167	167	25 that resulted in great bodily harm or permanent
168	168	26 disability or disfigurement to another, when the
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179	179	1 violation was a proximate cause of the injuries;
180	180	2 (D) the person committed a violation of subsection
181	181	3 (a) and has been previously convicted of violating
182	182	4 Section 9-3 of the Criminal Code of 1961 or the
183	183	5 Criminal Code of 2012 or a similar provision of a law
184	184	6 of another state relating to reckless homicide in
185	185	7 which the person was determined to have been under the
186	186	8 influence of alcohol, other drug or drugs, or
187	187	9 intoxicating compound or compounds as an element of
188	188	10 the offense or the person has previously been
189	189	11 convicted under subparagraph (C) or subparagraph (F)
190	190	12 of this paragraph (1);
191	191	13 (E) the person, in committing a violation of
192	192	14 subsection (a) while driving at any speed in a school
193	193	15 speed zone at a time when a speed limit of 20 miles per
194	194	16 hour was in effect under subsection (a) of Section
195	195	17 11-605 of this Code, was involved in a motor vehicle
196	196	18 crash that resulted in bodily harm, other than great
197	197	19 bodily harm or permanent disability or disfigurement,
198	198	20 to another person, when the violation of subsection
199	199	21 (a) was a proximate cause of the bodily harm;
200	200	22 (F) the person, in committing a violation of
201	201	23 subsection (a), was involved in a motor vehicle crash
202	202	24 or snowmobile, all-terrain vehicle, or watercraft
203	203	25 accident that resulted in the death of another person,
204	204	26 when the violation of subsection (a) was a proximate
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215	215	1 cause of the death;
216	216	2 (G) the person committed a violation of subsection
217	217	3 (a) during a period in which the defendant's driving
218	218	4 privileges are revoked or suspended, where the
219	219	5 revocation or suspension was for a violation of
220	220	6 subsection (a) or a similar provision, Section
221	221	7 11-501.1, paragraph (b) of Section 11-401, or for
222	222	8 reckless homicide as defined in Section 9-3 of the
223	223	9 Criminal Code of 1961 or the Criminal Code of 2012;
224	224	10 (H) the person committed the violation while he or
225	225	11 she did not possess a driver's license or permit or a
226	226	12 restricted driving permit or a judicial driving permit
227	227	13 or a monitoring device driving permit;
228	228	14 (I) the person committed the violation while he or
229	229	15 she knew or should have known that the vehicle he or
230	230	16 she was driving was not covered by a liability
231	231	17 insurance policy;
232	232	18 (J) the person in committing a violation of
233	233	19 subsection (a) was involved in a motor vehicle crash
234	234	20 that resulted in bodily harm, but not great bodily
235	235	21 harm, to the child under the age of 16 being
236	236	22 transported by the person, if the violation was the
237	237	23 proximate cause of the injury;
238	238	24 (K) the person in committing a second violation of
239	239	25 subsection (a) or a similar provision was transporting
240	240	26 a person under the age of 16; or
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251	251	1 (L) the person committed a violation of subsection
252	252	2 (a) of this Section while transporting one or more
253	253	3 passengers in a vehicle for-hire.
254	254	4 (2)(A) Except as provided otherwise, a person
255	255	5 convicted of aggravated driving under the influence of
256	256	6 alcohol, other drug or drugs, or intoxicating compound or
257	257	7 compounds, or any combination thereof is guilty of a Class
258	258	8 4 felony.
259	259	9 (B) A third violation of this Section or a similar
260	260	10 provision is a Class 2 felony. If at the time of the third
261	261	11 violation the alcohol concentration in his or her blood,
262	262	12 breath, other bodily substance, or urine was 0.16 or more
263	263	13 based on the definition of blood, breath, other bodily
264	264	14 substance, or urine units in Section 11-501.2, a mandatory
265	265	15 minimum of 90 days of imprisonment and a mandatory minimum
266	266	16 fine of $2,500 shall be imposed in addition to any other
267	267	17 criminal or administrative sanction. If at the time of the
268	268	18 third violation, the defendant was transporting a person
269	269	19 under the age of 16, a mandatory fine of $25,000 and 25
270	270	20 days of community service in a program benefiting children
271	271	21 shall be imposed in addition to any other criminal or
272	272	22 administrative sanction.
273	273	23 (C) A fourth violation of this Section or a similar
274	274	24 provision is a Class 2 felony, for which a sentence of
275	275	25 probation or conditional discharge may not be imposed. If
276	276	26 at the time of the violation, the alcohol concentration in
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287	287	1 the defendant's blood, breath, other bodily substance, or
288	288	2 urine was 0.16 or more based on the definition of blood,
289	289	3 breath, other bodily substance, or urine units in Section
290	290	4 11-501.2, a mandatory minimum fine of $5,000 shall be
291	291	5 imposed in addition to any other criminal or
292	292	6 administrative sanction. If at the time of the fourth
293	293	7 violation, the defendant was transporting a person under
294	294	8 the age of 16 a mandatory fine of $25,000 and 25 days of
295	295	9 community service in a program benefiting children shall
296	296	10 be imposed in addition to any other criminal or
297	297	11 administrative sanction.
298	298	12 (D) A fifth violation of this Section or a similar
299	299	13 provision is a Class 1 felony, for which a sentence of
300	300	14 probation or conditional discharge may not be imposed. If
301	301	15 at the time of the violation, the alcohol concentration in
302	302	16 the defendant's blood, breath, other bodily substance, or
303	303	17 urine was 0.16 or more based on the definition of blood,
304	304	18 breath, other bodily substance, or urine units in Section
305	305	19 11-501.2, a mandatory minimum fine of $5,000 shall be
306	306	20 imposed in addition to any other criminal or
307	307	21 administrative sanction. If at the time of the fifth
308	308	22 violation, the defendant was transporting a person under
309	309	23 the age of 16, a mandatory fine of $25,000, and 25 days of
310	310	24 community service in a program benefiting children shall
311	311	25 be imposed in addition to any other criminal or
312	312	26 administrative sanction.
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323	323	1 (E) A sixth or subsequent violation of this Section or
324	324	2 similar provision is a Class X felony. If at the time of
325	325	3 the violation, the alcohol concentration in the
326	326	4 defendant's blood, breath, other bodily substance, or
327	327	5 urine was 0.16 or more based on the definition of blood,
328	328	6 breath, other bodily substance, or urine units in Section
329	329	7 11-501.2, a mandatory minimum fine of $5,000 shall be
330	330	8 imposed in addition to any other criminal or
331	331	9 administrative sanction. If at the time of the violation,
332	332	10 the defendant was transporting a person under the age of
333	333	11 16, a mandatory fine of $25,000 and 25 days of community
334	334	12 service in a program benefiting children shall be imposed
335	335	13 in addition to any other criminal or administrative
336	336	14 sanction.
337	337	15 (F) For a violation of subparagraph (C) of paragraph
338	338	16 (1) of this subsection (d), the defendant, if sentenced to
339	339	17 a term of imprisonment, shall be sentenced to not less
340	340	18 than one year nor more than 12 years.
341	341	19 (G) A violation of subparagraph (F) of paragraph (1)
342	342	20 of this subsection (d) is a Class 2 felony, for which the
343	343	21 defendant, unless the court determines that extraordinary
344	344	22 circumstances exist and require probation, shall be
345	345	23 sentenced to: (i) a term of imprisonment of not less than 3
346	346	24 years and not more than 14 years if the violation resulted
347	347	25 in the death of one person; or (ii) a term of imprisonment
348	348	26 of not less than 6 years and not more than 28 years if the
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359	359	1 violation resulted in the deaths of 2 or more persons. The
360	360	2 defendant shall also be responsible to make child support
361	361	3 payments as determined by the court under Section 520 of
362	362	4 the Illinois Marriage and Dissolution of Marriage Act for
363	363	5 the minor child or children of any person or persons whose
364	364	6 deaths resulted from the violation.
365	365	7 (H) For a violation of subparagraph (J) of paragraph
366	366	8 (1) of this subsection (d), a mandatory fine of $2,500,
367	367	9 and 25 days of community service in a program benefiting
368	368	10 children shall be imposed in addition to any other
369	369	11 criminal or administrative sanction.
370	370	12 (I) A violation of subparagraph (K) of paragraph (1)
371	371	13 of this subsection (d), is a Class 2 felony and a mandatory
372	372	14 fine of $2,500, and 25 days of community service in a
373	373	15 program benefiting children shall be imposed in addition
374	374	16 to any other criminal or administrative sanction. If the
375	375	17 child being transported suffered bodily harm, but not
376	376	18 great bodily harm, in a motor vehicle crash, and the
377	377	19 violation was the proximate cause of that injury, a
378	378	20 mandatory fine of $5,000 and 25 days of community service
379	379	21 in a program benefiting children shall be imposed in
380	380	22 addition to any other criminal or administrative sanction.
381	381	23 (J) A violation of subparagraph (D) of paragraph (1)
382	382	24 of this subsection (d) is a Class 3 felony, for which a
383	383	25 sentence of probation or conditional discharge may not be
384	384	26 imposed.
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395	395	1 (3) Any person sentenced under this subsection (d) who
396	396	2 receives a term of probation or conditional discharge must
397	397	3 serve a minimum term of either 480 hours of community
398	398	4 service or 10 days of imprisonment as a condition of the
399	399	5 probation or conditional discharge in addition to any
400	400	6 other criminal or administrative sanction.
401	401	7 (e) Any reference to a prior violation of subsection (a)
402	402	8 or a similar provision includes any violation of a provision
403	403	9 of a local ordinance or a provision of a law of another state
404	404	10 or an offense committed on a military installation that is
405	405	11 similar to a violation of subsection (a) of this Section.
406	406	12 (f) The imposition of a mandatory term of imprisonment or
407	407	13 assignment of community service for a violation of this
408	408	14 Section shall not be suspended or reduced by the court.
409	409	15 (g) Any penalty imposed for driving with a license that
410	410	16 has been revoked for a previous violation of subsection (a) of
411	411	17 this Section shall be in addition to the penalty imposed for
412	412	18 any subsequent violation of subsection (a).
413	413	19 (h) For any prosecution under this Section, a certified
414	414	20 copy of the driving abstract of the defendant shall be
415	415	21 admitted as proof of any prior conviction.
416	416	22 (Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23.)
417	417	23 Section 10. The Illinois Marriage and Dissolution of
418	418	24 Marriage Act is amended by adding Section 520 as follows:
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429	429	1 (750 ILCS 5/520 new)
430	430	2 Sec. 520. Child support for aggravated driving under the
431	431	3 influence.
432	432	4 (a) If a defendant is found guilty of aggravated driving
433	433	5 under the influence of alcohol, other drug or drugs, or
434	434	6 intoxicating compound or compounds, or any combination thereof
435	435	7 under subparagraph (f) of paragraph (1) of subsection (d) of
436	436	8 Section 11-501 of the Illinois Vehicle Code where the
437	437	9 violation has resulted in the death of another, the court
438	438	10 shall order the defendant to pay an amount reasonable and
439	439	11 necessary for support of the minor child or children of any
440	440	12 victims. As used in this Section, "child" includes any child
441	441	13 under age 18 and any child age 19 or younger who is still
442	442	14 attending high school.
443	443	15 (1) Computation of basic child support obligation. The
444	444	16 court shall compute the basic child support obligation by
445	445	17 taking the following steps:
446	446	18 (A) determine the defendant's monthly net income;
447	447	19 (B) add the defendant and surviving parent's
448	448	20 monthly net incomes together to determine the combined
449	449	21 monthly net income;
450	450	22 (C) select the corresponding appropriate amount
451	451	23 from the schedule of basic child support obligation
452	452	24 based on the parties' combined monthly net income and
453	453	25 number of children; and
454	454	26 (D) calculate each party's percentage share of the
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465	465	1 basic child support obligation.
466	466	2 (2) Duty of support. The court shall determine child
467	467	3 support in each case by applying the child support
468	468	4 guidelines unless the court makes a finding that
469	469	5 application of the guidelines would be inappropriate,
470	470	6 after considering the best interests of the child and
471	471	7 evidence which shows relevant factors including, but not
472	472	8 limited to, one or more of the following:
473	473	9 (A) the financial resources and needs of the
474	474	10 child;
475	475	11 (B) the financial resources and needs of a
476	476	12 surviving parent;
477	477	13 (C) the standard of living the child would have
478	478	14 enjoyed had the death of the parent or parents not
479	479	15 resulted; and
480	480	16 (D) the physical and emotional condition of the
481	481	17 child and the child's educational needs.
482	482	18 (3) Income.
483	483	19 (A) As used in this Section, "gross income" means
484	484	20 the total of all income from all sources, except
485	485	21 "gross income" does not include (i) benefits received
486	486	22 from means-tested public assistance programs,
487	487	23 including, but not limited to, Temporary Assistance
488	488	24 for Needy Families, Supplemental Security Income, and
489	489	25 the Supplemental Nutrition Assistance Program or (ii)
490	490	26 benefits and income received for other children in the
491	491
492	492
493	493
494	494
495	495
496	496	HB1049 - 13 - LRB104 03160 JRC 13181 b
497	497
498	498
499	499	HB1049- 14 -LRB104 03160 JRC 13181 b HB1049 - 14 - LRB104 03160 JRC 13181 b
500	500	HB1049 - 14 - LRB104 03160 JRC 13181 b
501	501	1 household, including, but not limited to, child
502	502	2 support, survivor benefits, and foster care payments.
503	503	3 "Gross income" includes maintenance treated as taxable
504	504	4 income for federal income tax purposes to the payee
505	505	5 and received pursuant to a court order in the pending
506	506	6 proceedings or any other proceedings and shall be
507	507	7 included in the payee's gross income for purposes of
508	508	8 calculating the child support obligation.
509	509	9 (B) As used in this Section, "net income" means
510	510	10 gross income minus either the standardized tax amount
511	511	11 calculated pursuant to subparagraph (C) or the
512	512	12 individualized tax amount calculated pursuant to
513	513	13 subparagraph (D), and minus any adjustments pursuant
514	514	14 to subparagraph (F). The standardized tax amount shall
515	515	15 be used unless the requirements for an individualized
516	516	16 tax amount set forth in subparagraph (E) are met. "Net
517	517	17 income" includes maintenance not includable in the
518	518	18 gross taxable income of the payee for federal income
519	519	19 tax purposes under a court order in the pending
520	520	20 proceedings or any other proceedings and shall be
521	521	21 included in the payee's net income for purposes of
522	522	22 calculating the child support obligation.
523	523	23 (C) As used in this Section, "standardized tax
524	524	24 amount" means the total of federal and State income
525	525	25 taxes for a single person claiming the standard tax
526	526	26 deduction, one personal exemption, and the applicable
527	527
528	528
529	529
530	530
531	531
532	532	HB1049 - 14 - LRB104 03160 JRC 13181 b
533	533
534	534
535	535	HB1049- 15 -LRB104 03160 JRC 13181 b HB1049 - 15 - LRB104 03160 JRC 13181 b
536	536	HB1049 - 15 - LRB104 03160 JRC 13181 b
537	537	1 number of dependency exemptions for the minor child or
538	538	2 children of the parties, and Social Security and
539	539	3 Medicare tax calculated at the Federal Insurance
540	540	4 Contributions Act rate.
541	541	5 (D) As used in this Section, "individualized tax
542	542	6 amount" means the aggregate of the following taxes:
543	543	7 (I) federal income tax (properly calculated
544	544	8 withholding or estimated payments);
545	545	9 (II) State income tax (properly calculated
546	546	10 withholding or estimated payments); and
547	547	11 (III) Social Security or self-employment tax,
548	548	12 if applicable (or, if none, mandatory retirement
549	549	13 contributions required by law or as a condition of
550	550	14 employment) and Medicare tax calculated at the
551	551	15 Federal Insurance Contributions Act rate.
552	552	16 (E) In lieu of a standardized tax amount, a
553	553	17 determination of an individualized tax amount may be
554	554	18 made under item (I), (II), or (III). If an
555	555	19 individualized tax amount determination is made under
556	556	20 this subparagraph, all relevant tax attributes
557	557	21 (including filing status, allocation of dependency
558	558	22 exemptions, and whether a party is to claim the use of
559	559	23 the standard deduction or itemized deductions for
560	560	24 federal income tax purposes) shall be as the parties
561	561	25 agree or as the court determines. To determine a
562	562	26 party's reported income, the court may order the party
563	563
564	564
565	565
566	566
567	567
568	568	HB1049 - 15 - LRB104 03160 JRC 13181 b
569	569
570	570
571	571	HB1049- 16 -LRB104 03160 JRC 13181 b HB1049 - 16 - LRB104 03160 JRC 13181 b
572	572	HB1049 - 16 - LRB104 03160 JRC 13181 b
573	573	1 to complete an Internal Revenue Service Form 4506-T,
574	574	2 Request for Tax Transcript.
575	575	3 (I) Agreement. Irrespective of whether the
576	576	4 parties agree on any other issue before the court,
577	577	5 if they jointly stipulate for the record the
578	578	6 parties' concurrence on a computation method for
579	579	7 the individualized tax amount that is different
580	580	8 from the method set forth under subparagraph (D),
581	581	9 the stipulated method shall be used by the court
582	582	10 unless the court rejects the proposed stipulated
583	583	11 method for good cause.
584	584	12 (II) Summary hearing. If the court determines
585	585	13 child support in a summary hearing under Section
586	586	14 501 and an eligible party opts in to the
587	587	15 individualized tax amount method under this item
588	588	16 (II), the individualized tax amount shall be
589	589	17 determined by the court on the basis of
590	590	18 information contained in one or both parties'
591	591	19 Supreme Court approved financial affidavit and
592	592	20 relevant supporting documents under applicable
593	593	21 court rules. No party, however, is eligible to opt
594	594	22 in unless the party, under applicable court rules,
595	595	23 has served the other party with the required
596	596	24 Supreme Court approved financial affidavit and has
597	597	25 substantially produced supporting documents
598	598	26 required by the applicable court rules.
599	599
600	600
601	601
602	602
603	603
604	604	HB1049 - 16 - LRB104 03160 JRC 13181 b
605	605
606	606
607	607	HB1049- 17 -LRB104 03160 JRC 13181 b HB1049 - 17 - LRB104 03160 JRC 13181 b
608	608	HB1049 - 17 - LRB104 03160 JRC 13181 b
609	609	1 (III) Evidentiary hearing. If the court
610	610	2 determines child support in an evidentiary
611	611	3 hearing, whether for purposes of a temporary order
612	612	4 or at the conclusion of a proceeding, item (II)
613	613	5 does not apply. In each such case (unless item (I)
614	614	6 governs), the individualized tax amount shall be
615	615	7 as determined by the court on the basis of the
616	616	8 record established.
617	617	9 (F) Adjustments to income.
618	618	10 (I) Multifamily adjustment. If the defendant
619	619	11 is also legally responsible for support of the
620	620	12 defendant's own child and not subject to the
621	621	13 present proceeding, there shall be an adjustment
622	622	14 to net income as follows:
623	623	15 (i) Multifamily adjustment with court
624	624	16 order. The court shall deduct from the
625	625	17 defendant's net income the amount of child
626	626	18 support actually paid by the defendant
627	627	19 pursuant to a support order unless the court
628	628	20 makes a finding that it would cause economic
629	629	21 hardship to the child.
630	630	22 (ii) Multifamily adjustment without court
631	631	23 order. Upon the request or application of a
632	632	24 defendant actually supporting a presumed,
633	633	25 acknowledged, or adjudicated child living in
634	634	26 or outside of that defendant's household,
635	635
636	636
637	637
638	638
639	639
640	640	HB1049 - 17 - LRB104 03160 JRC 13181 b
641	641
642	642
643	643	HB1049- 18 -LRB104 03160 JRC 13181 b HB1049 - 18 - LRB104 03160 JRC 13181 b
644	644	HB1049 - 18 - LRB104 03160 JRC 13181 b
645	645	1 there shall be an adjustment to child support.
646	646	2 The court shall deduct from the defendant's
647	647	3 net income the amount of financial support
648	648	4 actually paid by the defendant for the child
649	649	5 or 75% of the support the defendant should pay
650	650	6 under the child support guidelines (before
651	651	7 this adjustment), whichever is less, unless
652	652	8 the court makes a finding that it would cause
653	653	9 economic hardship to the child. The adjustment
654	654	10 shall be calculated using the defendant's
655	655	11 income alone.
656	656	12 (3.1) Business income. For purposes of calculating
657	657	13 child support, "net business income from the operation of
658	658	14 a business" means gross receipts minus ordinary and
659	659	15 necessary expenses required to carry on the trade or
660	660	16 business. As used in this paragraph, "business" includes,
661	661	17 but is not limited to, sole proprietorships, closely held
662	662	18 corporations, partnerships, other flow-through business
663	663	19 entities, and self-employment. The court shall apply the
664	664	20 following:
665	665	21 (A) The accelerated component of depreciation and
666	666	22 any business expenses determined either judicially or
667	667	23 administratively to be inappropriate or excessive
668	668	24 shall be excluded from the total of ordinary and
669	669	25 necessary business expenses to be deducted in the
670	670	26 determination of net business income from gross
671	671
672	672
673	673
674	674
675	675
676	676	HB1049 - 18 - LRB104 03160 JRC 13181 b
677	677
678	678
679	679	HB1049- 19 -LRB104 03160 JRC 13181 b HB1049 - 19 - LRB104 03160 JRC 13181 b
680	680	HB1049 - 19 - LRB104 03160 JRC 13181 b
681	681	1 business income.
682	682	2 (B) Any item of reimbursement or in-kind payment
683	683	3 received by a defendant from a business, including,
684	684	4 but not limited to, a company car, reimbursed meals,
685	685	5 free housing, or a housing allowance, shall be counted
686	686	6 as income if not otherwise included in the defendant's
687	687	7 gross income, if the item is significant in amount and
688	688	8 reduces personal expenses.
689	689	9 (3.2) Unemployment or underemployment. If the
690	690	10 defendant is voluntarily unemployed or underemployed,
691	691	11 child support shall be calculated based on a determination
692	692	12 of potential income. A determination of potential income
693	693	13 shall be made by determining employment potential and
694	694	14 probable earnings level based on the defendant's work
695	695	15 history, occupational qualifications, prevailing job
696	696	16 opportunities, the ownership by a defendant of a
697	697	17 substantial non-income producing asset, and earnings
698	698	18 levels in the community. If there is insufficient work
699	699	19 history to determine employment potential and probable
700	700	20 earnings level, there shall be a rebuttable presumption
701	701	21 that the defendant's potential income is 75% of the most
702	702	22 recent United States Department of Health and Human
703	703	23 Services Federal Poverty Guidelines for a family of one
704	704	24 person.
705	705	25 (3.3) Rebuttable presumption in favor of guidelines.
706	706	26 There is a rebuttable presumption in any judicial or
707	707
708	708
709	709
710	710
711	711
712	712	HB1049 - 19 - LRB104 03160 JRC 13181 b
713	713
714	714
715	715	HB1049- 20 -LRB104 03160 JRC 13181 b HB1049 - 20 - LRB104 03160 JRC 13181 b
716	716	HB1049 - 20 - LRB104 03160 JRC 13181 b
717	717	1 administrative proceeding for child support that the
718	718	2 amount of the child support obligation that would result
719	719	3 from the application of the child support guidelines is
720	720	4 the correct amount of child support.
721	721	5 (3.3a) Minimum child support obligation. There is a
722	722	6 rebuttable presumption that a minimum child support
723	723	7 obligation of $40 per month, per child, will be entered
724	724	8 for a defendant who has actual or imputed gross income at
725	725	9 or less than 75% of the most recent United States
726	726	10 Department of Health and Human Services Federal Poverty
727	727	11 Guidelines for a family of one person, with a maximum
728	728	12 total child support obligation for the defendant of $120
729	729	13 per month to be divided equally among all of the
730	730	14 defendant's children.
731	731	15 (3.3b) Zero dollar child support order. For a
732	732	16 defendant with no gross income who receives only
733	733	17 means-tested assistance, or who cannot work due to a
734	734	18 medically proven disability, incarceration, or
735	735	19 institutionalization, there is a rebuttable presumption
736	736	20 that the $40 per month minimum support order is
737	737	21 inapplicable and a zero dollar order shall be entered.
738	738	22 (3.4) Deviation factors. In any action to establish or
739	739	23 modify child support, whether pursuant to a temporary or
740	740	24 final administrative or court order, the child support
741	741	25 guidelines shall be used as a rebuttable presumption for
742	742	26 the establishment or modification of the amount of child
743	743
744	744
745	745
746	746
747	747
748	748	HB1049 - 20 - LRB104 03160 JRC 13181 b
749	749
750	750
751	751	HB1049- 21 -LRB104 03160 JRC 13181 b HB1049 - 21 - LRB104 03160 JRC 13181 b
752	752	HB1049 - 21 - LRB104 03160 JRC 13181 b
753	753	1 support. The court may deviate from the child support
754	754	2 guidelines if the application would be inequitable,
755	755	3 unjust, or inappropriate. Any deviation from the
756	756	4 guidelines shall be accompanied by written findings by the
757	757	5 court specifying the reasons for the deviation and the
758	758	6 presumed amount under the child support guidelines without
759	759	7 a deviation. These reasons may include:
760	760	8 (A) extraordinary medical expenditures necessary
761	761	9 to preserve the life or health of a surviving parent or
762	762	10 a child subject to the child support order;
763	763	11 (B) additional expenses incurred for a child
764	764	12 subject to the child support order who has special
765	765	13 medical, physical, or developmental needs; and
766	766	14 (C) any other factor the court determines should
767	767	15 be applied upon a finding that the application of the
768	768	16 child support guidelines would be inappropriate, after
769	769	17 considering the best interests of the child.
770	770	18 (3.5) Income in excess of the schedule of basic child
771	771	19 support obligation. A court may use its discretion to
772	772	20 determine child support if the combined adjusted net
773	773	21 income exceeds the highest level of the schedule of basic
774	774	22 child support obligation, except that the basic child
775	775	23 support obligation shall not be less than the highest
776	776	24 level of combined net income set forth in the schedule of
777	777	25 basic child support obligation.
778	778	26 (3.6) Extracurricular activities and school expenses.
779	779
780	780
781	781
782	782
783	783
784	784	HB1049 - 21 - LRB104 03160 JRC 13181 b
785	785
786	786
787	787	HB1049- 22 -LRB104 03160 JRC 13181 b HB1049 - 22 - LRB104 03160 JRC 13181 b
788	788	HB1049 - 22 - LRB104 03160 JRC 13181 b
789	789	1 The court, in its discretion, in addition to the basic
790	790	2 child support obligation, may order the defendant to
791	791	3 contribute to the reasonable school and extracurricular
792	792	4 activity expenses incurred which are intended to enhance
793	793	5 the educational, athletic, social, or cultural development
794	794	6 of the child.
795	795	7 (3.7) Child care expenses. The court, in its
796	796	8 discretion, in addition to the basic child support
797	797	9 obligation, may order the defendant to contribute to the
798	798	10 reasonable child care expenses of the child. The child
799	799	11 care expenses shall be made payable directly to a party or
800	800	12 directly to the child care provider at the time of child
801	801	13 care services.
802	802	14 (A) "Child care expenses" means actual expenses
803	803	15 reasonably necessary to enable a parent or nonparent
804	804	16 custodian to be employed, to attend educational or
805	805	17 vocational training programs to improve employment
806	806	18 opportunities, or to search for employment. "Child
807	807	19 care expenses" includes deposits for securing
808	808	20 placement in a child care program and the cost of
809	809	21 before and after school care and camps when school is
810	810	22 not in session. A child's special needs shall be a
811	811	23 consideration in determining reasonable child care
812	812	24 expenses.
813	813	25 (B) Child care expenses shall be prorated in
814	814	26 proportion to each party's percentage share of
815	815
816	816
817	817
818	818
819	819
820	820	HB1049 - 22 - LRB104 03160 JRC 13181 b
821	821
822	822
823	823	HB1049- 23 -LRB104 03160 JRC 13181 b HB1049 - 23 - LRB104 03160 JRC 13181 b
824	824	HB1049 - 23 - LRB104 03160 JRC 13181 b
825	825	1 combined net income, and may be added to the basic
826	826	2 child support obligation if not paid directly by each
827	827	3 party to the provider of child care services. The
828	828	4 obligor's and obligee's portion of actual child care
829	829	5 expenses shall appear in the support order. If
830	830	6 allowed, the value of the federal income tax credit
831	831	7 for child care shall be subtracted from the actual
832	832	8 cost to determine the net child care costs.
833	833	9 (C) The amount of child care expenses shall be
834	834	10 adequate to obtain reasonable and necessary child
835	835	11 care. The actual child care expenses shall be used to
836	836	12 calculate the child care expenses, if available. When
837	837	13 actual child care expenses vary, the actual child care
838	838	14 expenses may be averaged over the most recent 12-month
839	839	15 period. When a party is temporarily unemployed or
840	840	16 temporarily not attending educational or vocational
841	841	17 training programs, future child care expenses shall be
842	842	18 based upon prospective expenses to be incurred upon
843	843	19 return to employment or educational or vocational
844	844	20 training programs.
845	845	21 (D) An order for child care expenses may be
846	846	22 modified upon a showing of a substantial change in
847	847	23 circumstances. The party incurring child care expenses
848	848	24 shall notify the other party within 14 days of any
849	849	25 change in the amount of child care expenses that would
850	850	26 affect the annualized child care amount as determined
851	851
852	852
853	853
854	854
855	855
856	856	HB1049 - 23 - LRB104 03160 JRC 13181 b
857	857
858	858
859	859	HB1049- 24 -LRB104 03160 JRC 13181 b HB1049 - 24 - LRB104 03160 JRC 13181 b
860	860	HB1049 - 24 - LRB104 03160 JRC 13181 b
861	861	1 in the support order.
862	862	2 (4) Health care.
863	863	3 (A) A portion of the basic child support
864	864	4 obligation is intended to cover basic ordinary
865	865	5 out-of-pocket medical expenses. The court, in its
866	866	6 discretion, in addition to the basic child support
867	867	7 obligation, shall also provide for the child's current
868	868	8 and future medical needs by the defendant to initiate
869	869	9 health insurance coverage for the child through
870	870	10 currently effective health insurance policies held by
871	871	11 the parent, purchase one or more or all health,
872	872	12 dental, or vision insurance policies for the child, or
873	873	13 provide for the child's current and future medical
874	874	14 needs through some other manner.
875	875	15 (B) The court, in its discretion, may order the
876	876	16 defendant to contribute to the reasonable health care
877	877	17 needs of the child not covered by insurance,
878	878	18 including, but not limited to, unreimbursed medical,
879	879	19 dental, orthodontic, or vision expenses and any
880	880	20 prescription medication for the child not covered
881	881	21 under the child's health insurance.
882	882	22 (C) If neither the child nor children have access
883	883	23 to appropriate private health insurance coverage, the
884	884	24 court may order the defendant to:
885	885	25 (I) provide health insurance coverage at any
886	886	26 time it becomes available at a reasonable cost; or
887	887
888	888
889	889
890	890
891	891
892	892	HB1049 - 24 - LRB104 03160 JRC 13181 b
893	893
894	894
895	895	HB1049- 25 -LRB104 03160 JRC 13181 b HB1049 - 25 - LRB104 03160 JRC 13181 b
896	896	HB1049 - 25 - LRB104 03160 JRC 13181 b
897	897	1 (II) apply for public health insurance
898	898	2 coverage for the child and pay a reasonable amount
899	899	3 of the cost of health insurance for the child.
900	900	4 The order may also provide that any time private
901	901	5 health insurance coverage is available at a reasonable
902	902	6 cost it will be provided instead of cash medical
903	903	7 support. As used in this Section, "cash medical
904	904	8 support" means an amount ordered to be paid toward the
905	905	9 cost of health insurance provided by a public entity
906	906	10 or by another person through employment or otherwise
907	907	11 or for other medical costs not covered by insurance.
908	908	12 (D) The amount to be added to the basic child
909	909	13 support obligation shall be the actual amount of the
910	910	14 total health insurance premium that is attributable to
911	911	15 the child who is the subject of the order. If this
912	912	16 amount is not available or cannot be verified, the
913	913	17 total cost of the health insurance premium shall be
914	914	18 divided by the total number of persons covered by the
915	915	19 policy. The cost per person derived from this
916	916	20 calculation shall be multiplied by the number of
917	917	21 children who are the subject of the order and who are
918	918	22 covered under the health insurance policy. This amount
919	919	23 shall be added to the basic child support obligation
920	920	24 and shall be allocated between the parties in
921	921	25 proportion to the parties' respective net incomes.
922	922	26 (E) After the health insurance premium for the
923	923
924	924
925	925
926	926
927	927
928	928	HB1049 - 25 - LRB104 03160 JRC 13181 b
929	929
930	930
931	931	HB1049- 26 -LRB104 03160 JRC 13181 b HB1049 - 26 - LRB104 03160 JRC 13181 b
932	932	HB1049 - 26 - LRB104 03160 JRC 13181 b
933	933	1 child is added to the basic child support obligation
934	934	2 and allocated between the parties in proportion to the
935	935	3 parties' respective incomes for child support
936	936	4 purposes, if the defendant is paying the premium, the
937	937	5 amount calculated for the obligee's share of the
938	938	6 health insurance premium for the child shall be
939	939	7 deducted from the defendant's share of the total child
940	940	8 support obligation. If the obligee is paying for
941	941	9 private health insurance for the child, the child
942	942	10 support obligation shall be increased by the
943	943	11 defendant's share of the premium payment. The
944	944	12 defendant's and obligee's portion of health insurance
945	945	13 costs shall appear in the support order.
946	946	14 (F) Prior to allowing the health insurance
947	947	15 adjustment, the defendant requesting the adjustment
948	948	16 must submit proof that the child has been enrolled in a
949	949	17 health insurance plan and must submit proof of the
950	950	18 cost of the premium. The court shall require the
951	951	19 defendant receiving the adjustment to annually submit
952	952	20 proof of continued coverage of the child to the
953	953	21 obligee, or as designated by the court.
954	954	22 (G) A reasonable cost for providing health
955	955	23 insurance coverage for the child may not exceed 5% of
956	956	24 the defendant's gross income. A defendant with a net
957	957	25 income below 133% of the most recent United States
958	958	26 Department of Health and Human Services Federal
959	959
960	960
961	961
962	962
963	963
964	964	HB1049 - 26 - LRB104 03160 JRC 13181 b
965	965
966	966
967	967	HB1049- 27 -LRB104 03160 JRC 13181 b HB1049 - 27 - LRB104 03160 JRC 13181 b
968	968	HB1049 - 27 - LRB104 03160 JRC 13181 b
969	969	1 Poverty Guidelines or whose child is covered by
970	970	2 Medicaid based on the defendant's income may not be
971	971	3 ordered to contribute toward or provide private
972	972	4 coverage, unless private coverage is obtainable
973	973	5 without any financial contribution by the defendant.
974	974	6 (H) If dental or vision insurance is included as
975	975	7 part of the employer's medical plan, the coverage
976	976	8 shall be maintained for the child. If not included in
977	977	9 the employer's medical plan, adding the dental or
978	978	10 vision insurance for the child is at the discretion of
979	979	11 the court.
980	980	12 (5) If the net income cannot be determined because of
981	981	13 default or any other reason, the court shall order support
982	982	14 in an amount considered reasonable in the particular case.
983	983	15 The final order in all cases shall state the support level
984	984	16 in dollar amounts. However, if the court finds that the
985	985	17 child support amount cannot be expressed exclusively as a
986	986	18 dollar amount because all or a portion of the defendant's
987	987	19 net income is uncertain as to source, time of payment, or
988	988	20 amount, the court may order a percentage amount of support
989	989	21 in addition to a specific dollar amount and enter such
990	990	22 other orders as may be necessary to determine and enforce,
991	991	23 on a timely basis, the applicable support ordered.
992	992	24 (6) If (i) the defendant was properly served with a
993	993	25 request for discovery of financial information relating to
994	994	26 the defendant's ability to provide child support, (ii) the
995	995
996	996
997	997
998	998
999	999
1000	1000	HB1049 - 27 - LRB104 03160 JRC 13181 b
1001	1001
1002	1002
1003	1003	HB1049- 28 -LRB104 03160 JRC 13181 b HB1049 - 28 - LRB104 03160 JRC 13181 b
1004	1004	HB1049 - 28 - LRB104 03160 JRC 13181 b
1005	1005	1 defendant failed to comply with the request, despite
1006	1006	2 having been ordered to do so by the court, and (iii) the
1007	1007	3 defendant is not present at the hearing to determine
1008	1008	4 support despite having received proper notice, then any
1009	1009	5 relevant financial information concerning the defendant's
1010	1010	6 ability to provide child support that was obtained
1011	1011	7 pursuant to subpoena and proper notice shall be admitted
1012	1012	8 into evidence without the need to establish any further
1013	1013	9 foundation for its admission.
1014	1014	10 (a-5) In an action to enforce an order for child support
1015	1015	11 based on the defendant's failure to make support payments as
1016	1016	12 required by the order, notice of proceedings to hold the
1017	1017	13 defendant in contempt for that failure may be served on the
1018	1018	14 defendant by personal service or by regular mail addressed to
1019	1019	15 the last known address of the defendant. The last known
1020	1020	16 address of the defendant may be determined from records of the
1021	1021	17 clerk of the court, from the Federal Case Registry of Child
1022	1022	18 Support Orders, or by any other reasonable means.
1023	1023	19 (b) Failure to comply with an order to pay support shall be
1024	1024	20 punishable as in other cases of contempt. In addition to other
1025	1025	21 penalties provided by law the court may, after finding the
1026	1026	22 defendant guilty of contempt, order that the defendant be:
1027	1027	23 (1) placed on probation with such conditions of
1028	1028	24 probation as the court deems advisable;
1029	1029	25 (2) sentenced to periodic imprisonment for a period
1030	1030	26 not to exceed 6 months; provided, however, that the court
1031	1031
1032	1032
1033	1033
1034	1034
1035	1035
1036	1036	HB1049 - 28 - LRB104 03160 JRC 13181 b
1037	1037
1038	1038
1039	1039	HB1049- 29 -LRB104 03160 JRC 13181 b HB1049 - 29 - LRB104 03160 JRC 13181 b
1040	1040	HB1049 - 29 - LRB104 03160 JRC 13181 b
1041	1041	1 may permit the defendant to be released for periods of
1042	1042	2 time during the day or night to:
1043	1043	3 (A) work; or
1044	1044	4 (B) conduct a business or other self-employed
1045	1045	5 occupation.
1046	1046	6 If a defendant who is found guilty of contempt for failure
1047	1047	7 to comply with an order to pay support is a person who conducts
1048	1048	8 a business or who is self-employed, the court in addition to
1049	1049	9 other penalties provided by law may order that the defendant
1050	1050	10 do one or more of the following: (i) provide to the court
1051	1051	11 monthly financial statements showing income and expenses from
1052	1052	12 the business or the self-employment; (ii) seek employment and
1053	1053	13 report periodically to the court with a diary, listing, or
1054	1054	14 other memorandum of his or her employment search efforts; or
1055	1055	15 (iii) report to the Department of Employment Security for job
1056	1056	16 search services to find employment that will be subject to
1057	1057	17 withholding for child support.
1058	1058	18 If there is a unity of interest and ownership sufficient
1059	1059	19 to render no financial separation between a defendant and
1060	1060	20 another person or persons or business entity, the court may
1061	1061	21 pierce the ownership veil of the person, persons, or business
1062	1062	22 entity to discover assets of the defendant held in the name of
1063	1063	23 that person, those persons, or that business entity. The
1064	1064	24 following circumstances are sufficient to authorize a court to
1065	1065	25 order discovery of the assets of a person, persons, or
1066	1066	26 business entity and to compel the application of any
1067	1067
1068	1068
1069	1069
1070	1070
1071	1071
1072	1072	HB1049 - 29 - LRB104 03160 JRC 13181 b
1073	1073
1074	1074
1075	1075	HB1049- 30 -LRB104 03160 JRC 13181 b HB1049 - 30 - LRB104 03160 JRC 13181 b
1076	1076	HB1049 - 30 - LRB104 03160 JRC 13181 b
1077	1077	1 discovered assets toward payment on the judgment for support:
1078	1078	2 (1) the defendant and the person, persons, or business
1079	1079	3 entity maintain records together.
1080	1080	4 (2) the defendant and the person, persons, or business
1081	1081	5 entity fail to maintain an arm's length relationship
1082	1082	6 between themselves with regard to any assets.
1083	1083	7 (3) the defendant transfers assets to the person,
1084	1084	8 persons, or business entity with the intent to perpetrate
1085	1085	9 a fraud on the obligee.
1086	1086	10 With respect to assets which are real property, no order
1087	1087	11 entered under this paragraph shall affect the rights of bona
1088	1088	12 fide purchasers, mortgagees, judgment creditors, or other lien
1089	1089	13 holders who acquire their interests in the property prior to
1090	1090	14 the time a notice of lis pendens pursuant to the Code of Civil
1091	1091	15 Procedure or a copy of the order is placed of record in the
1092	1092	16 office of the recorder of deeds for the county in which the
1093	1093	17 real property is located.
1094	1094	18 The court may also order in cases where the defendant is 90
1095	1095	19 days or more delinquent in payment of support or has been
1096	1096	20 adjudicated in arrears in an amount equal to 90 days
1097	1097	21 obligation or more, that the defendant's Illinois driving
1098	1098	22 privileges be suspended until the court determines that the
1099	1099	23 defendant is in compliance with the order of support. The
1100	1100	24 court may also order that the defendant be issued a family
1101	1101	25 financial responsibility driving permit that would allow
1102	1102	26 limited driving privileges for employment and medical purposes
1103	1103
1104	1104
1105	1105
1106	1106
1107	1107
1108	1108	HB1049 - 30 - LRB104 03160 JRC 13181 b
1109	1109
1110	1110
1111	1111	HB1049- 31 -LRB104 03160 JRC 13181 b HB1049 - 31 - LRB104 03160 JRC 13181 b
1112	1112	HB1049 - 31 - LRB104 03160 JRC 13181 b
1113	1113	1 in accordance with Section 7-702.1 of the Illinois Vehicle
1114	1114	2 Code. The clerk of the circuit court shall certify the order
1115	1115	3 suspending the driving privileges of the defendant or granting
1116	1116	4 the issuance of a family financial responsibility driving
1117	1117	5 permit to the Secretary of State on forms prescribed by the
1118	1118	6 Secretary of State. Upon receipt of the authenticated
1119	1119	7 documents, the Secretary of State shall suspend the
1120	1120	8 defendant's driving privileges until further order of the
1121	1121	9 court and shall, if ordered by the court, subject to the
1122	1122	10 provisions of Section 7-702.1 of the Illinois Vehicle Code,
1123	1123	11 issue a family financial responsibility driving permit to the
1124	1124	12 defendant.
1125	1125	13 In addition to the penalties or punishment that may be
1126	1126	14 imposed under this Section, any person whose conduct
1127	1127	15 constitutes a violation of Section 15 of the Non-Support
1128	1128	16 Punishment Act may be prosecuted under the Non-Support
1129	1129	17 Punishment Act, and a person convicted under the Non-Support
1130	1130	18 Punishment Act may be sentenced in accordance with the
1131	1131	19 Non-Support Punishment Act. The sentence may include, but need
1132	1132	20 not be limited to, a requirement that the person perform
1133	1133	21 community service under Section 50 of the Non-Support
1134	1134	22 Punishment or participate in a work alternative program under
1135	1135	23 Section 50 of the Non-Support Punishment. A person may not be
1136	1136	24 required to participate in a work alternative program under
1137	1137	25 Section 50 of the Non-Support Punishment Act if the person is
1138	1138	26 currently participating in a work program pursuant to Section
1139	1139
1140	1140
1141	1141
1142	1142
1143	1143
1144	1144	HB1049 - 31 - LRB104 03160 JRC 13181 b
1145	1145
1146	1146
1147	1147	HB1049- 32 -LRB104 03160 JRC 13181 b HB1049 - 32 - LRB104 03160 JRC 13181 b
1148	1148	HB1049 - 32 - LRB104 03160 JRC 13181 b
1149	1149	1 505.1 of this Act.
1150	1150	2 A support obligation, or any portion of a support
1151	1151	3 obligation, which becomes due and remains unpaid as of the end
1152	1152	4 of each month, excluding the child support that was due for
1153	1153	5 that month to the extent that it was not paid in that month,
1154	1154	6 shall accrue simple interest as set forth in Section 12-109 of
1155	1155	7 the Code of Civil Procedure. An order for support shall
1156	1156	8 contain a statement that a support obligation required under
1157	1157	9 the order, or any portion of a support obligation required
1158	1158	10 under the order, that becomes due and remains unpaid as of the
1159	1159	11 end of each month, excluding the child support that was due for
1160	1160	12 that month to the extent that it was not paid in that month,
1161	1161	13 shall accrue simple interest as set forth in Section 12-109 of
1162	1162	14 the Code of Civil Procedure. Failure to include the statement
1163	1163	15 in the order for support does not affect the validity of the
1164	1164	16 order or the accrual of interest as provided in this Section.
1165	1165	17 (c) Any new or existing support order entered by the court
1166	1166	18 under this Section shall be deemed to be a series of judgments
1167	1167	19 against the person obligated to pay support thereunder, each
1168	1168	20 such judgment to be in the amount of each payment or
1169	1169	21 installment of support and each such judgment to be deemed
1170	1170	22 entered as of the date the corresponding payment or
1171	1171	23 installment becomes due under the terms of the support order.
1172	1172	24 Each such judgment shall have the full force, effect, and
1173	1173	25 attributes of any other judgment of this State, including the
1174	1174	26 ability to be enforced. Notwithstanding any other State or
1175	1175
1176	1176
1177	1177
1178	1178
1179	1179
1180	1180	HB1049 - 32 - LRB104 03160 JRC 13181 b
1181	1181
1182	1182
1183	1183	HB1049- 33 -LRB104 03160 JRC 13181 b HB1049 - 33 - LRB104 03160 JRC 13181 b
1184	1184	HB1049 - 33 - LRB104 03160 JRC 13181 b
1185	1185	1 local law to the contrary, a lien arises by operation of law
1186	1186	2 against the real and personal property of the defendant for
1187	1187	3 each installment of overdue support owed by the defendant.
1188	1188	4 (d) When child support is to be paid through the clerk of
1189	1189	5 the court in a county of 500,000 inhabitants or less, the order
1190	1190	6 shall direct the defendant to pay to the clerk, in addition to
1191	1191	7 the child support payments, all fees imposed by the county
1192	1192	8 board under paragraph (4) of subsection (bb) of Section 27.1a
1193	1193	9 of the Clerks of Courts Act. When child support is to be paid
1194	1194	10 through the clerk of the court in a county of more than 500,000
1195	1195	11 but less than 3,000,000 inhabitants, the order shall direct
1196	1196	12 the defendant to pay to the clerk, in addition to the child
1197	1197	13 support payments, all fees imposed by the county board under
1198	1198	14 paragraph (4) of subsection (bb) of Section 27.2 of the Clerks
1199	1199	15 of Courts Act. Unless paid pursuant to an Income Withholding
1200	1200	16 Order or Notice for Support, the payment of the fee shall be by
1201	1201	17 payment acceptable to the clerk and shall be made to the order
1202	1202	18 of the clerk.
1203	1203	19 (e) All orders for support, when entered or modified,
1204	1204	20 shall include a provision requiring the defendant to notify
1205	1205	21 the court and, in cases in which a party is receiving child and
1206	1206	22 spouse services under Article X of the Illinois Public Aid
1207	1207	23 Code, the Department of Healthcare and Family Services, within
1208	1208	24 7 days, (i) of the name and address of any new employer of the
1209	1209	25 defendant, (ii) whether the defendant has access to health
1210	1210	26 insurance coverage through the employer or other group
1211	1211
1212	1212
1213	1213
1214	1214
1215	1215
1216	1216	HB1049 - 33 - LRB104 03160 JRC 13181 b
1217	1217
1218	1218
1219	1219	HB1049- 34 -LRB104 03160 JRC 13181 b HB1049 - 34 - LRB104 03160 JRC 13181 b
1220	1220	HB1049 - 34 - LRB104 03160 JRC 13181 b
1221	1221	1 coverage and, if so, the policy name and number and the names
1222	1222	2 of persons covered under the policy, except only the initials
1223	1223	3 of any covered minors shall be included, and (iii) of any new
1224	1224	4 residential or mailing address or telephone number of the
1225	1225	5 defendant. In any subsequent action to enforce a support
1226	1226	6 order, upon a sufficient showing that a diligent effort has
1227	1227	7 been made to ascertain the location of the defendant, service
1228	1228	8 of process or provision of notice necessary in the case may be
1229	1229	9 made at the last known address of the defendant in any manner
1230	1230	10 expressly provided by the Code of Civil Procedure or this Act,
1231	1231	11 which service shall be sufficient for purposes of due process.
1232	1232	12 (f) An order for support shall include a date on which the
1233	1233	13 current support obligation terminates. The termination date
1234	1234	14 shall be no earlier than the date on which the child covered by
1235	1235	15 the order will attain the age of 18. However, if the child will
1236	1236	16 not graduate from high school until after attaining the age of
1237	1237	17 18, then the termination date shall be no earlier than the
1238	1238	18 earlier of the date on which the child's high school
1239	1239	19 graduation will occur or the date on which the child will
1240	1240	20 attain the age of 19. The order for support shall state that
1241	1241	21 the termination date does not apply to any arrearage that may
1242	1242	22 remain unpaid on that date. Nothing in this subsection shall
1243	1243	23 be construed to prevent the court from modifying the order or
1244	1244	24 terminating the order if the child is otherwise emancipated.
1245	1245	25 (g) If there is an unpaid arrearage or delinquency (as
1246	1246	26 those terms are defined in the Income Withholding for Support
1247	1247
1248	1248
1249	1249
1250	1250
1251	1251
1252	1252	HB1049 - 34 - LRB104 03160 JRC 13181 b
1253	1253
1254	1254
1255	1255	HB1049- 35 -LRB104 03160 JRC 13181 b HB1049 - 35 - LRB104 03160 JRC 13181 b
1256	1256	HB1049 - 35 - LRB104 03160 JRC 13181 b
1257	1257	1 Act) equal to at least one month's support obligation on the
1258	1258	2 termination date stated in the order for support or, if there
1259	1259	3 is no termination date stated in the order, on the date the
1260	1260	4 child attains the age of majority or is otherwise emancipated,
1261	1261	5 the periodic amount required to be paid for current support of
1262	1262	6 that child immediately prior to that date shall automatically
1263	1263	7 continue to be an obligation, not as current support but as
1264	1264	8 periodic payment toward satisfaction of the unpaid arrearage
1265	1265	9 or delinquency. The periodic payment shall be in addition to
1266	1266	10 any periodic payment previously required for satisfaction of
1267	1267	11 the arrearage or delinquency. The total periodic amount to be
1268	1268	12 paid toward satisfaction of the arrearage or delinquency may
1269	1269	13 be enforced and collected by any method provided by law for
1270	1270	14 enforcement and collection of child support, including, but
1271	1271	15 not limited to, income withholding under the Income
1272	1272	16 Withholding for Support Act. Each order for support must
1273	1273	17 contain a statement notifying the parties of the requirements
1274	1274	18 of this subsection. Failure to include the statement in the
1275	1275	19 order for support does not affect the validity of the order or
1276	1276	20 the operation of the provisions of this subsection with regard
1277	1277	21 to the order. This subsection shall not be construed to
1278	1278	22 prevent or affect the establishment or modification of an
1279	1279	23 order for support of a minor child or the establishment or
1280	1280	24 modification of an order for support of a nonminor child or
1281	1281	25 educational expenses under Section 513.
1282	1282	26 (h) An order entered under this Section shall include a
1283	1283
1284	1284
1285	1285
1286	1286
1287	1287
1288	1288	HB1049 - 35 - LRB104 03160 JRC 13181 b
1289	1289
1290	1290
1291	1291	HB1049- 36 -LRB104 03160 JRC 13181 b HB1049 - 36 - LRB104 03160 JRC 13181 b
1292	1292	HB1049 - 36 - LRB104 03160 JRC 13181 b
1293	1293
1294	1294
1295	1295
1296	1296
1297	1297
1298	1298	HB1049 - 36 - LRB104 03160 JRC 13181 b