Illinois 2025-2026 Regular Session

Illinois House Bill HB2542 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 HB2542 Introduced , by Rep. Jed Davis SYNOPSIS AS INTRODUCED: 750 ILCS 5/505 from Ch. 40, par. 505 Amends the Illinois Marriage and Dissolution of Marriage Act. Changes the child support formula for shared physical care. Provides that if each parent exercises 3,504 hours or more (now, 146 or more overnights) per year with the child, the basic child support obligation is multiplied by 1.5 to calculate the shared care child support obligation. LRB104 09884 JRC 19953 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2542 Introduced , by Rep. Jed Davis 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. Changes the child support formula for shared physical care. Provides that if each parent exercises 3,504 hours or more (now, 146 or more overnights) per year with the child, the basic child support obligation is multiplied by 1.5 to calculate the shared care child support obligation. LRB104 09884 JRC 19953 b LRB104 09884 JRC 19953 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2542 Introduced , by Rep. Jed Davis 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. Changes the child support formula for shared physical care. Provides that if each parent exercises 3,504 hours or more (now, 146 or more overnights) per year with the child, the basic child support obligation is multiplied by 1.5 to calculate the shared care child support obligation.
6	6	LRB104 09884 JRC 19953 b LRB104 09884 JRC 19953 b
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8	8	A BILL FOR
9	9	HB2542LRB104 09884 JRC 19953 b HB2542 LRB104 09884 JRC 19953 b
10	10	HB2542 LRB104 09884 JRC 19953 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	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2542 Introduced , by Rep. Jed Davis 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. Changes the child support formula for shared physical care. Provides that if each parent exercises 3,504 hours or more (now, 146 or more overnights) per year with the child, the basic child support obligation is multiplied by 1.5 to calculate the shared care child support obligation.
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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 (3) Income.
152	152	13 (A) As used in this Section, "gross income" means
153	153	14 the total of all income from all sources, except
154	154	15 "gross income" does not include (i) benefits received
155	155	16 by the parent from means-tested public assistance
156	156	17 programs, including, but not limited to, Temporary
157	157	18 Assistance for Needy Families, Supplemental Security
158	158	19 Income, and the Supplemental Nutrition Assistance
159	159	20 Program or (ii) benefits and income received by the
160	160	21 parent for other children in the household, including,
161	161	22 but not limited to, child support, survivor benefits,
162	162	23 and foster care payments. Social security disability
163	163	24 and retirement benefits paid for the benefit of the
164	164	25 subject child must be included in the disabled or
165	165	26 retired parent's gross income for purposes of
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176	176	1 calculating the parent's child support obligation, but
177	177	2 the parent is entitled to a child support credit for
178	178	3 the amount of benefits paid to the other party for the
179	179	4 child. "Gross income" includes maintenance treated as
180	180	5 taxable income for federal income tax purposes to the
181	181	6 payee and received pursuant to a court order in the
182	182	7 pending proceedings or any other proceedings and shall
183	183	8 be included in the payee's gross income for purposes
184	184	9 of calculating the parent's child support obligation.
185	185	10 (B) As used in this Section, "net income" means
186	186	11 gross income minus either the standardized tax amount
187	187	12 calculated pursuant to subparagraph (C) of this
188	188	13 paragraph (3) or the individualized tax amount
189	189	14 calculated pursuant to subparagraph (D) of this
190	190	15 paragraph (3), and minus any adjustments pursuant to
191	191	16 subparagraph (F) of this paragraph (3). The
192	192	17 standardized tax amount shall be used unless the
193	193	18 requirements for an individualized tax amount set
194	194	19 forth in subparagraph (E) of this paragraph (3) are
195	195	20 met. "Net income" includes maintenance not includable
196	196	21 in the gross taxable income of the payee for federal
197	197	22 income tax purposes under a court order in the pending
198	198	23 proceedings or any other proceedings and shall be
199	199	24 included in the payee's net income for purposes of
200	200	25 calculating the parent's child support obligation.
201	201	26 (C) As used in this Section, "standardized tax
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212	212	1 amount" means the total of federal and state income
213	213	2 taxes for a single person claiming the standard tax
214	214	3 deduction, one personal exemption, and the applicable
215	215	4 number of dependency exemptions for the minor child or
216	216	5 children of the parties, and Social Security and
217	217	6 Medicare tax calculated at the Federal Insurance
218	218	7 Contributions Act rate.
219	219	8 (I) Unless a court has determined otherwise or
220	220	9 the parties otherwise agree, the party with the
221	221	10 majority of parenting time shall be deemed
222	222	11 entitled to claim the dependency exemption for the
223	223	12 parties' minor child.
224	224	13 (II) The Illinois Department of Healthcare and
225	225	14 Family Services shall promulgate a standardized
226	226	15 net income conversion table that computes net
227	227	16 income by deducting the standardized tax amount
228	228	17 from gross income.
229	229	18 (D) As used in this Section, "individualized tax
230	230	19 amount" means the aggregate of the following taxes:
231	231	20 (I) federal income tax (properly calculated
232	232	21 withholding or estimated payments);
233	233	22 (II) State income tax (properly calculated
234	234	23 withholding or estimated payments); and
235	235	24 (III) Social Security or self-employment tax,
236	236	25 if applicable (or, if none, mandatory retirement
237	237	26 contributions required by law or as a condition of
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248	248	1 employment) and Medicare tax calculated at the
249	249	2 Federal Insurance Contributions Act rate.
250	250	3 (E) In lieu of a standardized tax amount, a
251	251	4 determination of an individualized tax amount may be
252	252	5 made under items (I), (II), or (III) below. If an
253	253	6 individualized tax amount determination is made under
254	254	7 this subparagraph (E), all relevant tax attributes
255	255	8 (including filing status, allocation of dependency
256	256	9 exemptions, and whether a party is to claim the use of
257	257	10 the standard deduction or itemized deductions for
258	258	11 federal income tax purposes) shall be as the parties
259	259	12 agree or as the court determines. To determine a
260	260	13 party's reported income, the court may order the party
261	261	14 to complete an Internal Revenue Service Form 4506-T,
262	262	15 Request for Tax Transcript.
263	263	16 (I) Agreement. Irrespective of whether the
264	264	17 parties agree on any other issue before the court,
265	265	18 if they jointly stipulate for the record their
266	266	19 concurrence on a computation method for the
267	267	20 individualized tax amount that is different from
268	268	21 the method set forth under subparagraph (D), the
269	269	22 stipulated method shall be used by the court
270	270	23 unless the court rejects the proposed stipulated
271	271	24 method for good cause.
272	272	25 (II) Summary hearing. If the court determines
273	273	26 child support in a summary hearing under Section
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284	284	1 501 and an eligible party opts in to the
285	285	2 individualized tax amount method under this item
286	286	3 (II), the individualized tax amount shall be
287	287	4 determined by the court on the basis of
288	288	5 information contained in one or both parties'
289	289	6 Supreme Court approved Financial Affidavit (Family &
290	290	7 Divorce Cases) and relevant supporting documents
291	291	8 under applicable court rules. No party, however,
292	292	9 is eligible to opt in unless the party, under
293	293	10 applicable court rules, has served the other party
294	294	11 with the required Supreme Court approved Financial
295	295	12 Affidavit (Family & Divorce Cases) and has
296	296	13 substantially produced supporting documents
297	297	14 required by the applicable court rules.
298	298	15 (III) Evidentiary hearing. If the court
299	299	16 determines child support in an evidentiary
300	300	17 hearing, whether for purposes of a temporary order
301	301	18 or at the conclusion of a proceeding, item (II) of
302	302	19 this subparagraph (E) does not apply. In each such
303	303	20 case (unless item (I) governs), the individualized
304	304	21 tax amount shall be as determined by the court on
305	305	22 the basis of the record established.
306	306	23 (F) Adjustments to income.
307	307	24 (I) Multi-family adjustment. If a parent is
308	308	25 also legally responsible for support of a child
309	309	26 not shared with the other parent and not subject
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320	320	1 to the present proceeding, there shall be an
321	321	2 adjustment to net income as follows:
322	322	3 (i) Multi-family adjustment with court
323	323	4 order. The court shall deduct from the
324	324	5 parent's net income the amount of child
325	325	6 support actually paid by the parent pursuant
326	326	7 to a support order unless the court makes a
327	327	8 finding that it would cause economic hardship
328	328	9 to the child.
329	329	10 (ii) Multi-family adjustment without court
330	330	11 order. Upon the request or application of a
331	331	12 parent actually supporting a presumed,
332	332	13 acknowledged, or adjudicated child living in
333	333	14 or outside of that parent's household, there
334	334	15 shall be an adjustment to child support. The
335	335	16 court shall deduct from the parent's net
336	336	17 income the amount of financial support
337	337	18 actually paid by the parent for the child or
338	338	19 75% of the support the parent should pay under
339	339	20 the child support guidelines (before this
340	340	21 adjustment), whichever is less, unless the
341	341	22 court makes a finding that it would cause
342	342	23 economic hardship to the child. The adjustment
343	343	24 shall be calculated using that parent's income
344	344	25 alone.
345	345	26 (II) Spousal Maintenance adjustment.
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356	356	1 Obligations pursuant to a court order for spousal
357	357	2 maintenance in the pending proceeding actually
358	358	3 paid or payable to the same party to whom child
359	359	4 support is to be payable or actually paid to a
360	360	5 former spouse pursuant to a court order shall be
361	361	6 deducted from the parent's after-tax income,
362	362	7 unless the maintenance obligation is tax
363	363	8 deductible to the payor for federal income tax
364	364	9 purposes, in which case it shall be deducted from
365	365	10 the payor's gross income for purposes of
366	366	11 calculating the parent's child support obligation.
367	367	12 (3.1) Business income. For purposes of calculating
368	368	13 child support, net business income from the operation of a
369	369	14 business means gross receipts minus ordinary and necessary
370	370	15 expenses required to carry on the trade or business. As
371	371	16 used in this paragraph, "business" includes, but is not
372	372	17 limited to, sole proprietorships, closely held
373	373	18 corporations, partnerships, other flow-through business
374	374	19 entities, and self-employment. The court shall apply the
375	375	20 following:
376	376	21 (A) The accelerated component of depreciation and
377	377	22 any business expenses determined either judicially or
378	378	23 administratively to be inappropriate or excessive
379	379	24 shall be excluded from the total of ordinary and
380	380	25 necessary business expenses to be deducted in the
381	381	26 determination of net business income from gross
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392	392	1 business income.
393	393	2 (B) Any item of reimbursement or in-kind payment
394	394	3 received by a parent from a business, including, but
395	395	4 not limited to, a company car, reimbursed meals, free
396	396	5 housing, or a housing allowance, shall be counted as
397	397	6 income if not otherwise included in the recipient's
398	398	7 gross income, if the item is significant in amount and
399	399	8 reduces personal expenses.
400	400	9 (3.2a) Unemployment or underemployment. If a parent is
401	401	10 voluntarily unemployed or underemployed, child support
402	402	11 shall be calculated based on a determination of potential
403	403	12 income. In determining potential income, the court shall
404	404	13 consider the specific circumstances of a party, to the
405	405	14 extent known, including, but not limited to, the parent's:
406	406	15 (1) assets;
407	407	16 (2) ownership of a substantial non-income
408	408	17 producing asset;
409	409	18 (3) residence;
410	410	19 (4) employment and earning history;
411	411	20 (5) job skills;
412	412	21 (6) educational attainment;
413	413	22 (7) literacy;
414	414	23 (8) age;
415	415	24 (9) health;
416	416	25 (10) criminal records and other employment
417	417	26 barriers; and
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428	428	1 (11) record of seeking work.
429	429	2 The court shall also consider the local job market,
430	430	3 availability of local employers willing to hire the
431	431	4 parent, prevailing earning levels in the local community,
432	432	5 and other relevant background factors in the case. If
433	433	6 there is insufficient work history to determine employment
434	434	7 potential and probable earnings level, there shall be a
435	435	8 rebuttable presumption that the parent's potential income
436	436	9 is 75% of the most recent United States Department of
437	437	10 Health and Human Services Federal Poverty Guidelines for a
438	438	11 family of one person. Incarceration shall not be
439	439	12 considered voluntary unemployment for child support
440	440	13 purposes in establishing or modifying child support.
441	441	14 (3.2b) The court may impute income to a party only
442	442	15 upon conducting an evidentiary hearing or by agreement of
443	443	16 the parties. Imputation of income shall be accompanied by
444	444	17 specific written findings identifying the basis or bases
445	445	18 for imputation using these factors.
446	446	19 (3.3) Rebuttable presumption in favor of guidelines.
447	447	20 There is a rebuttable presumption in any judicial or
448	448	21 administrative proceeding for child support that the
449	449	22 amount of the child support obligation that would result
450	450	23 from the application of the child support guidelines is
451	451	24 the correct amount of child support.
452	452	25 (3.3a) Minimum child support obligation. There is a
453	453	26 rebuttable presumption that a minimum child support
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464	464	1 obligation of $40 per month, per child, will be entered
465	465	2 for an obligor who has actual or imputed gross income at or
466	466	3 less than 75% of the most recent United States Department
467	467	4 of Health and Human Services Federal Poverty Guidelines
468	468	5 for a family of one person, with a maximum total child
469	469	6 support obligation for that obligor of $120 per month to
470	470	7 be divided equally among all of the obligor's children.
471	471	8 (3.3b) Zero dollar child support order. For parents
472	472	9 with no gross income, who receive only means-tested
473	473	10 assistance, or who cannot work due to a medically proven
474	474	11 disability, incarceration, or institutionalization, there
475	475	12 is a rebuttable presumption that the $40 per month minimum
476	476	13 support order is inapplicable and a zero dollar order
477	477	14 shall be entered.
478	478	15 (3.4) Deviation factors. In any action to establish or
479	479	16 modify child support, whether pursuant to a temporary or
480	480	17 final administrative or court order, the child support
481	481	18 guidelines shall be used as a rebuttable presumption for
482	482	19 the establishment or modification of the amount of child
483	483	20 support. The court may deviate from the child support
484	484	21 guidelines if the application would be inequitable,
485	485	22 unjust, or inappropriate. Any deviation from the
486	486	23 guidelines shall be accompanied by written findings by the
487	487	24 court specifying the reasons for the deviation and the
488	488	25 presumed amount under the child support guidelines without
489	489	26 a deviation. These reasons may include:
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500	500	1 (A) extraordinary medical expenditures necessary
501	501	2 to preserve the life or health of a party or a child of
502	502	3 either or both of the parties;
503	503	4 (B) additional expenses incurred for a child
504	504	5 subject to the child support order who has special
505	505	6 medical, physical, or developmental needs; and
506	506	7 (C) any other factor the court determines should
507	507	8 be applied upon a finding that the application of the
508	508	9 child support guidelines would be inappropriate, after
509	509	10 considering the best interest of the child.
510	510	11 (3.5) Income in excess of the schedule of basic child
511	511	12 support obligation. A court may use its discretion to
512	512	13 determine child support if the combined adjusted net
513	513	14 income of the parties exceeds the highest level of the
514	514	15 schedule of basic child support obligation, except that
515	515	16 the basic child support obligation shall not be less than
516	516	17 the highest level of combined net income set forth in the
517	517	18 schedule of basic child support obligation.
518	518	19 (3.6) Extracurricular activities and school expenses.
519	519	20 The court, in its discretion, in addition to the basic
520	520	21 child support obligation, may order either or both parents
521	521	22 owing a duty of support to the child to contribute to the
522	522	23 reasonable school and extracurricular activity expenses
523	523	24 incurred which are intended to enhance the educational,
524	524	25 athletic, social, or cultural development of the child.
525	525	26 (3.7) Child care expenses. The court, in its
526	526
527	527
528	528
529	529
530	530
531	531	HB2542 - 14 - LRB104 09884 JRC 19953 b
532	532
533	533
534	534	HB2542- 15 -LRB104 09884 JRC 19953 b HB2542 - 15 - LRB104 09884 JRC 19953 b
535	535	HB2542 - 15 - LRB104 09884 JRC 19953 b
536	536	1 discretion, in addition to the basic child support
537	537	2 obligation, may order either or both parents owing a duty
538	538	3 of support to the child to contribute to the reasonable
539	539	4 child care expenses of the child. The child care expenses
540	540	5 shall be made payable directly to a party or directly to
541	541	6 the child care provider at the time of child care
542	542	7 services.
543	543	8 (A) "Child care expenses" means actual expenses
544	544	9 reasonably necessary to enable a parent or non-parent
545	545	10 custodian to be employed, to attend educational or
546	546	11 vocational training programs to improve employment
547	547	12 opportunities, or to search for employment. "Child
548	548	13 care expenses" also includes deposits for securing
549	549	14 placement in a child care program, the cost of before
550	550	15 and after school care, and camps when school is not in
551	551	16 session. A child's special needs shall be a
552	552	17 consideration in determining reasonable child care
553	553	18 expenses.
554	554	19 (B) Child care expenses shall be prorated in
555	555	20 proportion to each parent's percentage share of
556	556	21 combined net income, and may be added to the basic
557	557	22 child support obligation if not paid directly by each
558	558	23 parent to the provider of child care services. The
559	559	24 obligor's and obligee's portion of actual child care
560	560	25 expenses shall appear in the support order. If
561	561	26 allowed, the value of the federal income tax credit
562	562
563	563
564	564
565	565
566	566
567	567	HB2542 - 15 - LRB104 09884 JRC 19953 b
568	568
569	569
570	570	HB2542- 16 -LRB104 09884 JRC 19953 b HB2542 - 16 - LRB104 09884 JRC 19953 b
571	571	HB2542 - 16 - LRB104 09884 JRC 19953 b
572	572	1 for child care shall be subtracted from the actual
573	573	2 cost to determine the net child care costs.
574	574	3 (C) The amount of child care expenses shall be
575	575	4 adequate to obtain reasonable and necessary child
576	576	5 care. The actual child care expenses shall be used to
577	577	6 calculate the child care expenses, if available. When
578	578	7 actual child care expenses vary, the actual child care
579	579	8 expenses may be averaged over the most recent 12-month
580	580	9 period. When a parent is temporarily unemployed or
581	581	10 temporarily not attending educational or vocational
582	582	11 training programs, future child care expenses shall be
583	583	12 based upon prospective expenses to be incurred upon
584	584	13 return to employment or educational or vocational
585	585	14 training programs.
586	586	15 (D) An order for child care expenses may be
587	587	16 modified upon a showing of a substantial change in
588	588	17 circumstances. The party incurring child care expenses
589	589	18 shall notify the other party within 14 days of any
590	590	19 change in the amount of child care expenses that would
591	591	20 affect the annualized child care amount as determined
592	592	21 in the support order.
593	593	22 (3.8) Shared physical care. If each parent exercises
594	594	23 3,504 hours or more 146 or more overnights per year with
595	595	24 the child, the basic child support obligation is
596	596	25 multiplied by 1.5 to calculate the shared care child
597	597	26 support obligation. The court shall determine each
598	598
599	599
600	600
601	601
602	602
603	603	HB2542 - 16 - LRB104 09884 JRC 19953 b
604	604
605	605
606	606	HB2542- 17 -LRB104 09884 JRC 19953 b HB2542 - 17 - LRB104 09884 JRC 19953 b
607	607	HB2542 - 17 - LRB104 09884 JRC 19953 b
608	608	1 parent's share of the shared care child support obligation
609	609	2 based on the parent's percentage share of combined net
610	610	3 income. The child support obligation is then computed for
611	611	4 each parent by multiplying that parent's portion of the
612	612	5 shared care support obligation by the percentage of time
613	613	6 the child spends with the other parent. The respective
614	614	7 child support obligations are then offset, with the parent
615	615	8 owing more child support paying the difference between the
616	616	9 child support amounts. The Illinois Department of
617	617	10 Healthcare and Family Services shall promulgate a
618	618	11 worksheet to calculate child support in cases in which the
619	619	12 parents have shared physical care and use the standardized
620	620	13 tax amount to determine net income.
621	621	14 (3.9) Split physical care. When there is more than one
622	622	15 child and each parent has physical care of at least one but
623	623	16 not all of the children, the support is calculated by
624	624	17 using 2 child support worksheets to determine the support
625	625	18 each parent owes the other. The support shall be
626	626	19 calculated as follows:
627	627	20 (A) compute the support the first parent would owe
628	628	21 to other parent as if the child in his or her care was
629	629	22 the only child of the parties; then
630	630	23 (B) compute the support the other parent would owe
631	631	24 to the first parent as if the child in his or her care
632	632	25 were the only child of the parties; then
633	633	26 (C) subtract the lesser support obligation from
634	634
635	635
636	636
637	637
638	638
639	639	HB2542 - 17 - LRB104 09884 JRC 19953 b
640	640
641	641
642	642	HB2542- 18 -LRB104 09884 JRC 19953 b HB2542 - 18 - LRB104 09884 JRC 19953 b
643	643	HB2542 - 18 - LRB104 09884 JRC 19953 b
644	644	1 the greater.
645	645	2 The parent who owes the greater obligation shall be
646	646	3 ordered to pay the difference in support to the other
647	647	4 parent, unless the court determines, pursuant to other
648	648	5 provisions of this Section, that it should deviate from
649	649	6 the guidelines.
650	650	7 (4) Health care to be addressed by the court.
651	651	8 (A) A portion of the basic child support
652	652	9 obligation is intended to cover basic ordinary
653	653	10 out-of-pocket medical expenses. The court, in its
654	654	11 discretion, in addition to the basic child support
655	655	12 obligation, shall also provide for the child's current
656	656	13 and future medical needs by ordering either or both
657	657	14 parents to initiate health insurance coverage for the
658	658	15 child through currently effective health insurance
659	659	16 policies held by the parent or parents, purchase one
660	660	17 or more or all health, dental, or vision insurance
661	661	18 policies for the child, or provide for the child's
662	662	19 current and future medical needs through some other
663	663	20 manner.
664	664	21 (B) The court, in its discretion, may order either
665	665	22 or both parents to contribute to the reasonable health
666	666	23 care needs of the child not covered by insurance,
667	667	24 including, but not limited to, unreimbursed medical,
668	668	25 dental, orthodontic, or vision expenses and any
669	669	26 prescription medication for the child not covered
670	670
671	671
672	672
673	673
674	674
675	675	HB2542 - 18 - LRB104 09884 JRC 19953 b
676	676
677	677
678	678	HB2542- 19 -LRB104 09884 JRC 19953 b HB2542 - 19 - LRB104 09884 JRC 19953 b
679	679	HB2542 - 19 - LRB104 09884 JRC 19953 b
680	680	1 under the child's health insurance.
681	681	2 (C) If neither parent has access to appropriate
682	682	3 private health insurance coverage, the court may
683	683	4 order:
684	684	5 (I) one or both parents to provide health
685	685	6 insurance coverage at any time it becomes
686	686	7 available at a reasonable cost; or
687	687	8 (II) the parent or non-parent custodian with
688	688	9 primary physical responsibility for the child to
689	689	10 apply for public health insurance coverage for the
690	690	11 child and require either or both parents to pay a
691	691	12 reasonable amount of the cost of health insurance
692	692	13 for the child.
693	693	14 The order may also provide that any time private
694	694	15 health insurance coverage is available at a reasonable
695	695	16 cost to that party it will be provided instead of cash
696	696	17 medical support. As used in this Section, "cash
697	697	18 medical support" means an amount ordered to be paid
698	698	19 toward the cost of health insurance provided by a
699	699	20 public entity or by another person through employment
700	700	21 or otherwise or for other medical costs not covered by
701	701	22 insurance.
702	702	23 (D) The amount to be added to the basic child
703	703	24 support obligation shall be the actual amount of the
704	704	25 total health insurance premium that is attributable to
705	705	26 the child who is the subject of the order. If this
706	706
707	707
708	708
709	709
710	710
711	711	HB2542 - 19 - LRB104 09884 JRC 19953 b
712	712
713	713
714	714	HB2542- 20 -LRB104 09884 JRC 19953 b HB2542 - 20 - LRB104 09884 JRC 19953 b
715	715	HB2542 - 20 - LRB104 09884 JRC 19953 b
716	716	1 amount is not available or cannot be verified, the
717	717	2 total cost of the health insurance premium shall be
718	718	3 divided by the total number of persons covered by the
719	719	4 policy. The cost per person derived from this
720	720	5 calculation shall be multiplied by the number of
721	721	6 children who are the subject of the order and who are
722	722	7 covered under the health insurance policy. This amount
723	723	8 shall be added to the basic child support obligation
724	724	9 and shall be allocated between the parents in
725	725	10 proportion to their respective net incomes.
726	726	11 (E) After the health insurance premium for the
727	727	12 child is added to the basic child support obligation
728	728	13 and allocated between the parents in proportion to
729	729	14 their respective incomes for child support purposes,
730	730	15 if the obligor is paying the premium, the amount
731	731	16 calculated for the obligee's share of the health
732	732	17 insurance premium for the child shall be deducted from
733	733	18 the obligor's share of the total child support
734	734	19 obligation. If the obligee is paying for private
735	735	20 health insurance for the child, the child support
736	736	21 obligation shall be increased by the obligor's share
737	737	22 of the premium payment. The obligor's and obligee's
738	738	23 portion of health insurance costs shall appear in the
739	739	24 support order.
740	740	25 (F) Prior to allowing the health insurance
741	741	26 adjustment, the parent requesting the adjustment must
742	742
743	743
744	744
745	745
746	746
747	747	HB2542 - 20 - LRB104 09884 JRC 19953 b
748	748
749	749
750	750	HB2542- 21 -LRB104 09884 JRC 19953 b HB2542 - 21 - LRB104 09884 JRC 19953 b
751	751	HB2542 - 21 - LRB104 09884 JRC 19953 b
752	752	1 submit proof that the child has been enrolled in a
753	753	2 health insurance plan and must submit proof of the
754	754	3 cost of the premium. The court shall require the
755	755	4 parent receiving the adjustment to annually submit
756	756	5 proof of continued coverage of the child to the other
757	757	6 parent, or as designated by the court.
758	758	7 (G) A reasonable cost for providing health
759	759	8 insurance coverage for the child may not exceed 5% of
760	760	9 the providing parent's gross income. Parents with a
761	761	10 net income below 133% of the most recent United States
762	762	11 Department of Health and Human Services Federal
763	763	12 Poverty Guidelines or whose child is covered by
764	764	13 Medicaid based on that parent's income may not be
765	765	14 ordered to contribute toward or provide private
766	766	15 coverage, unless private coverage is obtainable
767	767	16 without any financial contribution by that parent.
768	768	17 (H) If dental or vision insurance is included as
769	769	18 part of the employer's medical plan, the coverage
770	770	19 shall be maintained for the child. If not included in
771	771	20 the employer's medical plan, adding the dental or
772	772	21 vision insurance for the child is at the discretion of
773	773	22 the court.
774	774	23 (I) If a parent has been directed to provide
775	775	24 health insurance pursuant to this paragraph and that
776	776	25 parent's spouse or legally recognized partner provides
777	777	26 the insurance for the benefit of the child either
778	778
779	779
780	780
781	781
782	782
783	783	HB2542 - 21 - LRB104 09884 JRC 19953 b
784	784
785	785
786	786	HB2542- 22 -LRB104 09884 JRC 19953 b HB2542 - 22 - LRB104 09884 JRC 19953 b
787	787	HB2542 - 22 - LRB104 09884 JRC 19953 b
788	788	1 directly or through employment, a credit on the child
789	789	2 support worksheet shall be given to that parent in the
790	790	3 same manner as if the premium were paid by that parent.
791	791	4 (4.5) In a proceeding for child support following
792	792	5 dissolution of the marriage or civil union by a court that
793	793	6 lacked personal jurisdiction over the absent spouse, and
794	794	7 in which the court is requiring payment of support for the
795	795	8 period before the date an order for current support is
796	796	9 entered, there is a rebuttable presumption that the
797	797	10 obligor's net income for the prior period was the same as
798	798	11 his or her net income at the time the order for current
799	799	12 support is entered.
800	800	13 (5) If the net income cannot be determined because of
801	801	14 default or any other reason, the court shall order support
802	802	15 in an amount considered reasonable in the particular case.
803	803	16 The final order in all cases shall state the support level
804	804	17 in dollar amounts. However, if the court finds that the
805	805	18 child support amount cannot be expressed exclusively as a
806	806	19 dollar amount because all or a portion of the obligor's
807	807	20 net income is uncertain as to source, time of payment, or
808	808	21 amount, the court may order a percentage amount of support
809	809	22 in addition to a specific dollar amount and enter such
810	810	23 other orders as may be necessary to determine and enforce,
811	811	24 on a timely basis, the applicable support ordered.
812	812	25 (6) If (i) the obligor was properly served with a
813	813	26 request for discovery of financial information relating to
814	814
815	815
816	816
817	817
818	818
819	819	HB2542 - 22 - LRB104 09884 JRC 19953 b
820	820
821	821
822	822	HB2542- 23 -LRB104 09884 JRC 19953 b HB2542 - 23 - LRB104 09884 JRC 19953 b
823	823	HB2542 - 23 - LRB104 09884 JRC 19953 b
824	824	1 the obligor's ability to provide child support, (ii) the
825	825	2 obligor failed to comply with the request, despite having
826	826	3 been ordered to do so by the court, and (iii) the obligor
827	827	4 is not present at the hearing to determine support despite
828	828	5 having received proper notice, then any relevant financial
829	829	6 information concerning the obligor's ability to provide
830	830	7 child support that was obtained pursuant to subpoena and
831	831	8 proper notice shall be admitted into evidence without the
832	832	9 need to establish any further foundation for its
833	833	10 admission.
834	834	11 (a-3) Life insurance to secure support. At the discretion
835	835	12 of the court, a child support obligation pursuant to this
836	836	13 Section and Sections 510, 513, and 513.5 of this Act may be
837	837	14 secured, in whole or in part, by reasonably affordable life
838	838	15 insurance on the life of one or both parents on such terms as
839	839	16 the parties agree or as the court orders. The court may require
840	840	17 such insurance remain in full force and effect until the
841	841	18 termination of all obligations of support, subject to the
842	842	19 following:
843	843	20 (1) Existing life insurance. The court shall be
844	844	21 apprised through evidence, stipulation, or otherwise as to
845	845	22 the level, ownership, and type of existing life insurance
846	846	23 death benefit coverage available to one or both parents,
847	847	24 the cost of the premiums, cost ratings, and escalations
848	848	25 and assignment of the policy, if applicable, and all other
849	849	26 relevant circumstances. The court shall make findings
850	850
851	851
852	852
853	853
854	854
855	855	HB2542 - 23 - LRB104 09884 JRC 19953 b
856	856
857	857
858	858	HB2542- 24 -LRB104 09884 JRC 19953 b HB2542 - 24 - LRB104 09884 JRC 19953 b
859	859	HB2542 - 24 - LRB104 09884 JRC 19953 b
860	860	1 relative thereto.
861	861	2 (2) New life insurance. The court shall be apprised
862	862	3 through evidence, stipulation, or otherwise as to the
863	863	4 availability of obtaining reasonably affordable new life
864	864	5 insurance. To the extent the court determines that the
865	865	6 support obligations should be secured, in whole or in
866	866	7 part, by new life insurance on the life of one or both
867	867	8 parents, the court may order that one or both parents
868	868	9 comply with all requirements to obtain such new life
869	869	10 insurance through employment, trade union, fraternal
870	870	11 organizations, associations, or individual means.
871	871	12 In determining the level and type of death benefits
872	872	13 coverage to be obtained by a parent, the court shall
873	873	14 consider access and availability of life insurance to that
874	874	15 parent, the cost of the premium, cost ratings, and
875	875	16 escalations, if applicable, and all other relevant
876	876	17 circumstances.
877	877	18 (3) Other security. If life insurance is unavailable
878	878	19 to a parent, the court, in its discretion, or as agreed to
879	879	20 by the parties, may order other equitable and reasonable
880	880	21 means to secure a child support obligation.
881	881	22 (a-5) In an action to enforce an order for child support
882	882	23 based on the obligor's failure to make support payments as
883	883	24 required by the order, notice of proceedings to hold the
884	884	25 obligor in contempt for that failure may be served on the
885	885	26 obligor by personal service or by regular mail addressed to
886	886
887	887
888	888
889	889
890	890
891	891	HB2542 - 24 - LRB104 09884 JRC 19953 b
892	892
893	893
894	894	HB2542- 25 -LRB104 09884 JRC 19953 b HB2542 - 25 - LRB104 09884 JRC 19953 b
895	895	HB2542 - 25 - LRB104 09884 JRC 19953 b
896	896	1 the last known address of the obligor. The last known address
897	897	2 of the obligor may be determined from records of the clerk of
898	898	3 the court, from the Federal Case Registry of Child Support
899	899	4 Orders, or by any other reasonable means.
900	900	5 (b) Failure of either parent to comply with an order to pay
901	901	6 support shall be punishable as in other cases of contempt. In
902	902	7 addition to other penalties provided by law the court may,
903	903	8 after finding the parent guilty of contempt, order that the
904	904	9 parent be:
905	905	10 (1) placed on probation with such conditions of
906	906	11 probation as the court deems advisable;
907	907	12 (2) sentenced to periodic imprisonment for a period
908	908	13 not to exceed 6 months; provided, however, that the court
909	909	14 may permit the parent to be released for periods of time
910	910	15 during the day or night to:
911	911	16 (A) work; or
912	912	17 (B) conduct a business or other self-employed
913	913	18 occupation.
914	914	19 The court may further order any part or all of the earnings
915	915	20 of a parent during a sentence of periodic imprisonment paid to
916	916	21 the Clerk of the Circuit Court or to the parent having physical
917	917	22 possession of the child or to the non-parent custodian having
918	918	23 custody of the child of the sentenced parent for the support of
919	919	24 the child until further order of the court.
920	920	25 If a parent who is found guilty of contempt for failure to
921	921	26 comply with an order to pay support is a person who conducts a
922	922
923	923
924	924
925	925
926	926
927	927	HB2542 - 25 - LRB104 09884 JRC 19953 b
928	928
929	929
930	930	HB2542- 26 -LRB104 09884 JRC 19953 b HB2542 - 26 - LRB104 09884 JRC 19953 b
931	931	HB2542 - 26 - LRB104 09884 JRC 19953 b
932	932	1 business or who is self-employed, the court in addition to
933	933	2 other penalties provided by law may order that the parent do
934	934	3 one or more of the following: (i) provide to the court monthly
935	935	4 financial statements showing income and expenses from the
936	936	5 business or the self-employment; (ii) seek employment and
937	937	6 report periodically to the court with a diary, listing, or
938	938	7 other memorandum of his or her employment search efforts; or
939	939	8 (iii) report to the Department of Employment Security for job
940	940	9 search services to find employment that will be subject to
941	941	10 withholding for child support.
942	942	11 If there is a unity of interest and ownership sufficient
943	943	12 to render no financial separation between an obligor and
944	944	13 another person or persons or business entity, the court may
945	945	14 pierce the ownership veil of the person, persons, or business
946	946	15 entity to discover assets of the obligor held in the name of
947	947	16 that person, those persons, or that business entity. The
948	948	17 following circumstances are sufficient to authorize a court to
949	949	18 order discovery of the assets of a person, persons, or
950	950	19 business entity and to compel the application of any
951	951	20 discovered assets toward payment on the judgment for support:
952	952	21 (1) the obligor and the person, persons, or business
953	953	22 entity maintain records together.
954	954	23 (2) the obligor and the person, persons, or business
955	955	24 entity fail to maintain an arm's length relationship
956	956	25 between themselves with regard to any assets.
957	957	26 (3) the obligor transfers assets to the person,
958	958
959	959
960	960
961	961
962	962
963	963	HB2542 - 26 - LRB104 09884 JRC 19953 b
964	964
965	965
966	966	HB2542- 27 -LRB104 09884 JRC 19953 b HB2542 - 27 - LRB104 09884 JRC 19953 b
967	967	HB2542 - 27 - LRB104 09884 JRC 19953 b
968	968	1 persons, or business entity with the intent to perpetrate
969	969	2 a fraud on the obligee.
970	970	3 With respect to assets which are real property, no order
971	971	4 entered under this paragraph shall affect the rights of bona
972	972	5 fide purchasers, mortgagees, judgment creditors, or other lien
973	973	6 holders who acquire their interests in the property prior to
974	974	7 the time a notice of lis pendens pursuant to the Code of Civil
975	975	8 Procedure or a copy of the order is placed of record in the
976	976	9 office of the recorder of deeds for the county in which the
977	977	10 real property is located.
978	978	11 The court may also order in cases where the parent is 90
979	979	12 days or more delinquent in payment of support or has been
980	980	13 adjudicated in arrears in an amount equal to 90 days
981	981	14 obligation or more, that the parent's Illinois driving
982	982	15 privileges be suspended until the court determines that the
983	983	16 parent is in compliance with the order of support. The court
984	984	17 may also order that the parent be issued a family financial
985	985	18 responsibility driving permit that would allow limited driving
986	986	19 privileges for employment and medical purposes in accordance
987	987	20 with Section 7-702.1 of the Illinois Vehicle Code. The Clerk
988	988	21 of the Circuit Court shall certify the order suspending the
989	989	22 driving privileges of the parent or granting the issuance of a
990	990	23 family financial responsibility driving permit to the
991	991	24 Secretary of State on forms prescribed by the Secretary of
992	992	25 State. Upon receipt of the authenticated documents, the
993	993	26 Secretary of State shall suspend the parent's driving
994	994
995	995
996	996
997	997
998	998
999	999	HB2542 - 27 - LRB104 09884 JRC 19953 b
1000	1000
1001	1001
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1003	1003	HB2542 - 28 - LRB104 09884 JRC 19953 b
1004	1004	1 privileges until further order of the court and shall, if
1005	1005	2 ordered by the court, subject to the provisions of Section
1006	1006	3 7-702.1 of the Illinois Vehicle Code, issue a family financial
1007	1007	4 responsibility driving permit to the parent.
1008	1008	5 In addition to the penalties or punishment that may be
1009	1009	6 imposed under this Section, any person whose conduct
1010	1010	7 constitutes a violation of Section 15 of the Non-Support
1011	1011	8 Punishment Act may be prosecuted under that Act, and a person
1012	1012	9 convicted under that Act may be sentenced in accordance with
1013	1013	10 that Act. The sentence may include but need not be limited to a
1014	1014	11 requirement that the person perform community service under
1015	1015	12 Section 50 of that Act or participate in a work alternative
1016	1016	13 program under Section 50 of that Act. A person may not be
1017	1017	14 required to participate in a work alternative program under
1018	1018	15 Section 50 of that Act if the person is currently
1019	1019	16 participating in a work program pursuant to Section 505.1 of
1020	1020	17 this Act.
1021	1021	18 A support obligation, or any portion of a support
1022	1022	19 obligation, which becomes due and remains unpaid as of the end
1023	1023	20 of each month, excluding the child support that was due for
1024	1024	21 that month to the extent that it was not paid in that month,
1025	1025	22 shall accrue simple interest as set forth in Section 12-109 of
1026	1026	23 the Code of Civil Procedure. An order for support entered or
1027	1027	24 modified on or after January 1, 2006 shall contain a statement
1028	1028	25 that a support obligation required under the order, or any
1029	1029	26 portion of a support obligation required under the order, that
1030	1030
1031	1031
1032	1032
1033	1033
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1036	1036
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1040	1040	1 becomes due and remains unpaid as of the end of each month,
1041	1041	2 excluding the child support that was due for that month to the
1042	1042	3 extent that it was not paid in that month, shall accrue simple
1043	1043	4 interest as set forth in Section 12-109 of the Code of Civil
1044	1044	5 Procedure. Failure to include the statement in the order for
1045	1045	6 support does not affect the validity of the order or the
1046	1046	7 accrual of interest as provided in this Section.
1047	1047	8 (c) A one-time charge of 20% is imposable upon the amount
1048	1048	9 of past-due child support owed on July 1, 1988 which has
1049	1049	10 accrued under a support order entered by the court. The charge
1050	1050	11 shall be imposed in accordance with the provisions of Section
1051	1051	12 10-21 of the Illinois Public Aid Code and shall be enforced by
1052	1052	13 the court upon petition.
1053	1053	14 (d) Any new or existing support order entered by the court
1054	1054	15 under this Section shall be deemed to be a series of judgments
1055	1055	16 against the person obligated to pay support thereunder, each
1056	1056	17 such judgment to be in the amount of each payment or
1057	1057	18 installment of support and each such judgment to be deemed
1058	1058	19 entered as of the date the corresponding payment or
1059	1059	20 installment becomes due under the terms of the support order.
1060	1060	21 Each such judgment shall have the full force, effect and
1061	1061	22 attributes of any other judgment of this State, including the
1062	1062	23 ability to be enforced. Notwithstanding any other State or
1063	1063	24 local law to the contrary, a lien arises by operation of law
1064	1064	25 against the real and personal property of the obligor for each
1065	1065	26 installment of overdue support owed by the obligor.
1066	1066
1067	1067
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1069	1069
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1072	1072
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1076	1076	1 (e) When child support is to be paid through the Clerk of
1077	1077	2 the Court in a county of 500,000 inhabitants or less, the order
1078	1078	3 shall direct the obligor to pay to the Clerk, in addition to
1079	1079	4 the child support payments, all fees imposed by the county
1080	1080	5 board under paragraph (2) of subsection (j-5) of Section 27.1b
1081	1081	6 of the Clerks of Courts Act. When child support is to be paid
1082	1082	7 through the clerk of the court in a county of more than 500,000
1083	1083	8 but less than 3,000,000 inhabitants, the order shall direct
1084	1084	9 the obligor to pay to the clerk, in addition to the child
1085	1085	10 support payments, all fees imposed by the county board under
1086	1086	11 paragraph (4) of subsection (bb) of Section 27.2 of the Clerks
1087	1087	12 of Courts Act. Unless paid pursuant to an Income Withholding
1088	1088	13 Order/Notice for Support, the payment of the fee shall be by
1089	1089	14 payment acceptable to the clerk and shall be made to the order
1090	1090	15 of the Clerk.
1091	1091	16 (f) All orders for support, when entered or modified,
1092	1092	17 shall include a provision requiring the obligor to notify the
1093	1093	18 court and, in cases in which a party is receiving child and
1094	1094	19 spouse services under Article X of the Illinois Public Aid
1095	1095	20 Code, the Department of Healthcare and Family Services, within
1096	1096	21 7 days, (i) of the name and address of any new employer of the
1097	1097	22 obligor, (ii) whether the obligor has access to health
1098	1098	23 insurance coverage through the employer or other group
1099	1099	24 coverage and, if so, the policy name and number and the names
1100	1100	25 of persons covered under the policy, except only the initials
1101	1101	26 of any covered minors shall be included, and (iii) of any new
1102	1102
1103	1103
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1112	1112	1 residential or mailing address or telephone number of the
1113	1113	2 obligor. In any subsequent action to enforce a support order,
1114	1114	3 upon a sufficient showing that a diligent effort has been made
1115	1115	4 to ascertain the location of the obligor, service of process
1116	1116	5 or provision of notice necessary in the case may be made at the
1117	1117	6 last known address of the obligor in any manner expressly
1118	1118	7 provided by the Code of Civil Procedure or this Act, which
1119	1119	8 service shall be sufficient for purposes of due process.
1120	1120	9 (g) An order for support shall include a date on which the
1121	1121	10 current support obligation terminates. The termination date
1122	1122	11 shall be no earlier than the date on which the child covered by
1123	1123	12 the order will attain the age of 18. However, if the child will
1124	1124	13 not graduate from high school until after attaining the age of
1125	1125	14 18, then the termination date shall be no earlier than the
1126	1126	15 earlier of the date on which the child's high school
1127	1127	16 graduation will occur or the date on which the child will
1128	1128	17 attain the age of 19. The order for support shall state that
1129	1129	18 the termination date does not apply to any arrearage that may
1130	1130	19 remain unpaid on that date. Nothing in this subsection shall
1131	1131	20 be construed to prevent the court from modifying the order or
1132	1132	21 terminating the order in the event the child is otherwise
1133	1133	22 emancipated.
1134	1134	23 (g-5) If there is an unpaid arrearage or delinquency (as
1135	1135	24 those terms are defined in the Income Withholding for Support
1136	1136	25 Act) equal to at least one month's support obligation on the
1137	1137	26 termination date stated in the order for support or, if there
1138	1138
1139	1139
1140	1140
1141	1141
1142	1142
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1144	1144
1145	1145
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1148	1148	1 is no termination date stated in the order, on the date the
1149	1149	2 child attains the age of majority or is otherwise emancipated,
1150	1150	3 the periodic amount required to be paid for current support of
1151	1151	4 that child immediately prior to that date shall automatically
1152	1152	5 continue to be an obligation, not as current support but as
1153	1153	6 periodic payment toward satisfaction of the unpaid arrearage
1154	1154	7 or delinquency. That periodic payment shall be in addition to
1155	1155	8 any periodic payment previously required for satisfaction of
1156	1156	9 the arrearage or delinquency. The total periodic amount to be
1157	1157	10 paid toward satisfaction of the arrearage or delinquency may
1158	1158	11 be enforced and collected by any method provided by law for
1159	1159	12 enforcement and collection of child support, including but not
1160	1160	13 limited to income withholding under the Income Withholding for
1161	1161	14 Support Act. Each order for support entered or modified on or
1162	1162	15 after January 1, 2005 (the effective date of Public Act
1163	1163	16 93-1061) must contain a statement notifying the parties of the
1164	1164	17 requirements of this subsection. Failure to include the
1165	1165	18 statement in the order for support does not affect the
1166	1166	19 validity of the order or the operation of the provisions of
1167	1167	20 this subsection with regard to the order. This subsection
1168	1168	21 shall not be construed to prevent or affect the establishment
1169	1169	22 or modification of an order for support of a minor child or the
1170	1170	23 establishment or modification of an order for support of a
1171	1171	24 non-minor child or educational expenses under Section 513 of
1172	1172	25 this Act.
1173	1173	26 (h) An order entered under this Section shall include a
1174	1174
1175	1175
1176	1176
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