Illinois Senate Bill SB0027 Engrossed / Bill

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1  AN ACT concerning families.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Illinois Marriage and Dissolution of
5  Marriage Act is amended by changing Section 505 as follows:
6  (750 ILCS 5/505)    (from Ch. 40, par. 505)
7  (Text of Section before amendment by P.A. 103-967)
8  Sec. 505. Child support; contempt; penalties.
9  (a) In a proceeding for dissolution of marriage, legal
10  separation, declaration of invalidity of marriage, or
11  dissolution of a civil union, a proceeding for child support
12  following a legal separation or dissolution of the marriage or
13  civil union by a court that lacked personal jurisdiction over
14  the absent spouse, a proceeding for modification of a previous
15  order for child support under Section 510 of this Act, or any
16  proceeding authorized under Section 501 or 601 of this Act,
17  the court may order either or both parents owing a duty of
18  support to a child of the marriage or civil union to pay an
19  amount reasonable and necessary for support. The duty of
20  support owed to a child includes the obligation to provide for
21  the reasonable and necessary physical, mental and emotional
22  health needs of the child. For purposes of this Section, the
23  term "child" shall include any child under age 18 and any child

 

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1  age 19 or younger who is still attending high school. For
2  purposes of this Section, the term "obligor" means the parent
3  obligated to pay support to the other parent.
4  (1) Child support guidelines. The Illinois Department
5  of Healthcare and Family Services shall adopt rules
6  establishing child support guidelines which include
7  worksheets to aid in the calculation of the child support
8  obligations and a schedule of basic child support
9  obligations that reflects the percentage of combined net
10  income that parents living in the same household in this
11  State ordinarily spend on their child. The child support
12  guidelines have the following purposes:
13  (A) to establish as State policy an adequate
14  standard of support for a child, subject to the
15  ability of parents to pay;
16  (B) to make child support obligations more
17  equitable by ensuring more consistent treatment of
18  parents in similar circumstances;
19  (C) to improve the efficiency of the court process
20  by promoting settlements and giving courts and the
21  parties guidance in establishing levels of child
22  support;
23  (D) to calculate child support based upon the
24  parents' combined net income estimated to have been
25  allocated for the support of the child if the parents
26  and child were living in an intact household;

 

 

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1  (E) to adjust child support based upon the needs
2  of the child; and
3  (F) to allocate the amount of child support to be
4  paid by each parent based upon a parent's net income
5  and the child's physical care arrangements.
6  (1.5) Computation of basic child support obligation.
7  The court shall compute the basic child support obligation
8  by taking the following steps:
9  (A) determine each parent's monthly net income;
10  (B) add the parents' monthly net incomes together
11  to determine the combined monthly net income of the
12  parents;
13  (C) select the corresponding appropriate amount
14  from the schedule of basic child support obligations
15  based on the parties' combined monthly net income and
16  number of children of the parties; and
17  (D) calculate each parent's percentage share of
18  the basic child support obligation.
19  Although a monetary obligation is computed for each
20  parent as child support, the receiving parent's share is
21  not payable to the other parent and is presumed to be spent
22  directly on the child.
23  (2) Duty of support. The court shall determine child
24  support in each case by applying the child support
25  guidelines unless the court makes a finding that
26  application of the guidelines would be inappropriate,

 

 

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1  after considering the best interests of the child and
2  evidence which shows relevant factors including, but not
3  limited to, one or more of the following:
4  (A) the financial resources and needs of the
5  child;
6  (B) the financial resources and needs of the
7  parents;
8  (C) the standard of living the child would have
9  enjoyed had the marriage or civil union not been
10  dissolved; and
11  (D) the physical and emotional condition of the
12  child and his or her educational needs.
13  (3) Income.
14  (A) As used in this Section, "gross income" means
15  the total of all income from all sources, except
16  "gross income" does not include (i) benefits received
17  by the parent from means-tested public assistance
18  programs, including, but not limited to, Temporary
19  Assistance for Needy Families, Supplemental Security
20  Income, and the Supplemental Nutrition Assistance
21  Program or (ii) benefits and income received by the
22  parent for other children in the household, including,
23  but not limited to, child support, survivor benefits,
24  and foster care payments. Social security disability
25  and retirement benefits paid for the benefit of the
26  subject child must be included in the disabled or

 

 

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1  retired parent's gross income for purposes of
2  calculating the parent's child support obligation, but
3  the parent is entitled to a child support credit for
4  the amount of benefits paid to the other party for the
5  child. "Gross income" includes maintenance treated as
6  taxable income for federal income tax purposes to the
7  payee and received pursuant to a court order in the
8  pending proceedings or any other proceedings and shall
9  be included in the payee's gross income for purposes
10  of calculating the parent's child support obligation.
11  (B) As used in this Section, "net income" means
12  gross income minus either the standardized tax amount
13  calculated pursuant to subparagraph (C) of this
14  paragraph (3) or the individualized tax amount
15  calculated pursuant to subparagraph (D) of this
16  paragraph (3), and minus any adjustments pursuant to
17  subparagraph (F) of this paragraph (3). The
18  standardized tax amount shall be used unless the
19  requirements for an individualized tax amount set
20  forth in subparagraph (E) of this paragraph (3) are
21  met. "Net income" includes maintenance not includable
22  in the gross taxable income of the payee for federal
23  income tax purposes under a court order in the pending
24  proceedings or any other proceedings and shall be
25  included in the payee's net income for purposes of
26  calculating the parent's child support obligation.

 

 

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1  (C) As used in this Section, "standardized tax
2  amount" means the total of federal and state income
3  taxes for a single person claiming the standard tax
4  deduction, one personal exemption, and the applicable
5  number of dependency exemptions for the minor child or
6  children of the parties, and Social Security and
7  Medicare tax calculated at the Federal Insurance
8  Contributions Act rate.
9  (I) Unless a court has determined otherwise or
10  the parties otherwise agree, the party with the
11  majority of parenting time shall be deemed
12  entitled to claim the dependency exemption for the
13  parties' minor child.
14  (II) The Illinois Department of Healthcare and
15  Family Services shall promulgate a standardized
16  net income conversion table that computes net
17  income by deducting the standardized tax amount
18  from gross income.
19  (D) As used in this Section, "individualized tax
20  amount" means the aggregate of the following taxes:
21  (I) federal income tax (properly calculated
22  withholding or estimated payments);
23  (II) State income tax (properly calculated
24  withholding or estimated payments); and
25  (III) Social Security or self-employment tax,
26  if applicable (or, if none, mandatory retirement

 

 

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1  contributions required by law or as a condition of
2  employment) and Medicare tax calculated at the
3  Federal Insurance Contributions Act rate.
4  (E) In lieu of a standardized tax amount, a
5  determination of an individualized tax amount may be
6  made under items (I), (II), or (III) below. If an
7  individualized tax amount determination is made under
8  this subparagraph (E), all relevant tax attributes
9  (including filing status, allocation of dependency
10  exemptions, and whether a party is to claim the use of
11  the standard deduction or itemized deductions for
12  federal income tax purposes) shall be as the parties
13  agree or as the court determines. To determine a
14  party's reported income, the court may order the party
15  to complete an Internal Revenue Service Form 4506-T,
16  Request for Tax Transcript.
17  (I) Agreement. Irrespective of whether the
18  parties agree on any other issue before the court,
19  if they jointly stipulate for the record their
20  concurrence on a computation method for the
21  individualized tax amount that is different from
22  the method set forth under subparagraph (D), the
23  stipulated method shall be used by the court
24  unless the court rejects the proposed stipulated
25  method for good cause.
26  (II) Summary hearing. If the court determines

 

 

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1  child support in a summary hearing under Section
2  501 and an eligible party opts in to the
3  individualized tax amount method under this item
4  (II), the individualized tax amount shall be
5  determined by the court on the basis of
6  information contained in one or both parties'
7  Supreme Court approved Financial Affidavit (Family &
8  Divorce Cases) and relevant supporting documents
9  under applicable court rules. No party, however,
10  is eligible to opt in unless the party, under
11  applicable court rules, has served the other party
12  with the required Supreme Court approved Financial
13  Affidavit (Family & Divorce Cases) and has
14  substantially produced supporting documents
15  required by the applicable court rules.
16  (III) Evidentiary hearing. If the court
17  determines child support in an evidentiary
18  hearing, whether for purposes of a temporary order
19  or at the conclusion of a proceeding, item (II) of
20  this subparagraph (E) does not apply. In each such
21  case (unless item (I) governs), the individualized
22  tax amount shall be as determined by the court on
23  the basis of the record established.
24  (F) Adjustments to income.
25  (I) Multi-family adjustment. If a parent is
26  also legally responsible for support of a child

 

 

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1  not shared with the other parent and not subject
2  to the present proceeding, there shall be an
3  adjustment to net income as follows:
4  (i) Multi-family adjustment with court
5  order. The court shall deduct from the
6  parent's net income the amount of child
7  support actually paid by the parent pursuant
8  to a support order unless the court makes a
9  finding that it would cause economic hardship
10  to the child.
11  (ii) Multi-family adjustment without court
12  order. Upon the request or application of a
13  parent actually supporting a presumed,
14  acknowledged, or adjudicated child living in
15  or outside of that parent's household, there
16  shall be an adjustment to child support. The
17  court shall deduct from the parent's net
18  income the amount of financial support
19  actually paid by the parent for the child or
20  75% of the support the parent should pay under
21  the child support guidelines (before this
22  adjustment), whichever is less, unless the
23  court makes a finding that it would cause
24  economic hardship to the child. The adjustment
25  shall be calculated using that parent's income
26  alone.

 

 

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1  (II) Spousal Maintenance adjustment.
2  Obligations pursuant to a court order for spousal
3  maintenance in the pending proceeding actually
4  paid or payable to the same party to whom child
5  support is to be payable or actually paid to a
6  former spouse pursuant to a court order shall be
7  deducted from the parent's after-tax income,
8  unless the maintenance obligation is tax
9  deductible to the payor for federal income tax
10  purposes, in which case it shall be deducted from
11  the payor's gross income for purposes of
12  calculating the parent's child support obligation.
13  (3.1) Business income. For purposes of calculating
14  child support, net business income from the operation of a
15  business means gross receipts minus ordinary and necessary
16  expenses required to carry on the trade or business. As
17  used in this paragraph, "business" includes, but is not
18  limited to, sole proprietorships, closely held
19  corporations, partnerships, other flow-through business
20  entities, and self-employment. The court shall apply the
21  following:
22  (A) The accelerated component of depreciation and
23  any business expenses determined either judicially or
24  administratively to be inappropriate or excessive
25  shall be excluded from the total of ordinary and
26  necessary business expenses to be deducted in the

 

 

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1  determination of net business income from gross
2  business income.
3  (B) Any item of reimbursement or in-kind payment
4  received by a parent from a business, including, but
5  not limited to, a company car, reimbursed meals, free
6  housing, or a housing allowance, shall be counted as
7  income if not otherwise included in the recipient's
8  gross income, if the item is significant in amount and
9  reduces personal expenses.
10  (3.2) Unemployment or underemployment. If a parent is
11  voluntarily unemployed or underemployed, child support
12  shall be calculated based on a determination of potential
13  income. A determination of potential income shall be made
14  by determining employment potential and probable earnings
15  level based on the obligor's work history, occupational
16  qualifications, prevailing job opportunities, the
17  ownership by a parent of a substantial non-income
18  producing asset, and earnings levels in the community. If
19  there is insufficient work history to determine employment
20  potential and probable earnings level, there shall be a
21  rebuttable presumption that the parent's potential income
22  is 75% of the most recent United States Department of
23  Health and Human Services Federal Poverty Guidelines for a
24  family of one person.
25  (3.3) Rebuttable presumption in favor of guidelines.
26  There is a rebuttable presumption in any judicial or

 

 

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1  administrative proceeding for child support that the
2  amount of the child support obligation that would result
3  from the application of the child support guidelines is
4  the correct amount of child support.
5  (3.3a) Minimum child support obligation. There is a
6  rebuttable presumption that a minimum child support
7  obligation of $40 per month, per child, will be entered
8  for an obligor who has actual or imputed gross income at or
9  less than 75% of the most recent United States Department
10  of Health and Human Services Federal Poverty Guidelines
11  for a family of one person, with a maximum total child
12  support obligation for that obligor of $120 per month to
13  be divided equally among all of the obligor's children.
14  (3.3b) Zero dollar child support order. For parents
15  with no gross income, who receive only means-tested
16  assistance, or who cannot work due to a medically proven
17  disability, incarceration, or institutionalization, there
18  is a rebuttable presumption that the $40 per month minimum
19  support order is inapplicable and a zero dollar order
20  shall be entered.
21  (3.4) Deviation factors. In any action to establish or
22  modify child support, whether pursuant to a temporary or
23  final administrative or court order, the child support
24  guidelines shall be used as a rebuttable presumption for
25  the establishment or modification of the amount of child
26  support. The court may deviate from the child support

 

 

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1  guidelines if the application would be inequitable,
2  unjust, or inappropriate. Any deviation from the
3  guidelines shall be accompanied by written findings by the
4  court specifying the reasons for the deviation and the
5  presumed amount under the child support guidelines without
6  a deviation. These reasons may include:
7  (A) extraordinary medical expenditures necessary
8  to preserve the life or health of a party or a child of
9  either or both of the parties;
10  (B) additional expenses incurred for a child
11  subject to the child support order who has special
12  medical, physical, or developmental needs; and
13  (C) any other factor the court determines should
14  be applied upon a finding that the application of the
15  child support guidelines would be inappropriate, after
16  considering the best interest of the child.
17  (3.5) Income in excess of the schedule of basic child
18  support obligation. A court may use its discretion to
19  determine child support if the combined adjusted net
20  income of the parties exceeds the highest level of the
21  schedule of basic child support obligation, except that
22  the basic child support obligation shall not be less than
23  the highest level of combined net income set forth in the
24  schedule of basic child support obligation.
25  (3.6) Extracurricular activities and school expenses.
26  The court, in its discretion, in addition to the basic

 

 

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1  child support obligation, may order either or both parents
2  owing a duty of support to the child to contribute to the
3  reasonable school and extracurricular activity expenses
4  incurred which are intended to enhance the educational,
5  athletic, social, or cultural development of the child.
6  (3.7) Child care expenses. The court, in its
7  discretion, in addition to the basic child support
8  obligation, may order either or both parents owing a duty
9  of support to the child to contribute to the reasonable
10  child care expenses of the child. The child care expenses
11  shall be made payable directly to a party or directly to
12  the child care provider at the time of child care
13  services.
14  (A) "Child care expenses" means actual expenses
15  reasonably necessary to enable a parent or non-parent
16  custodian to be employed, to attend educational or
17  vocational training programs to improve employment
18  opportunities, or to search for employment. "Child
19  care expenses" also includes deposits for securing
20  placement in a child care program, the cost of before
21  and after school care, and camps when school is not in
22  session. A child's special needs shall be a
23  consideration in determining reasonable child care
24  expenses.
25  (B) Child care expenses shall be prorated in
26  proportion to each parent's percentage share of

 

 

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1  combined net income, and may be added to the basic
2  child support obligation if not paid directly by each
3  parent to the provider of child care services. The
4  obligor's and obligee's portion of actual child care
5  expenses shall appear in the support order. If
6  allowed, the value of the federal income tax credit
7  for child care shall be subtracted from the actual
8  cost to determine the net child care costs.
9  (C) The amount of child care expenses shall be
10  adequate to obtain reasonable and necessary child
11  care. The actual child care expenses shall be used to
12  calculate the child care expenses, if available. When
13  actual child care expenses vary, the actual child care
14  expenses may be averaged over the most recent 12-month
15  period. When a parent is temporarily unemployed or
16  temporarily not attending educational or vocational
17  training programs, future child care expenses shall be
18  based upon prospective expenses to be incurred upon
19  return to employment or educational or vocational
20  training programs.
21  (D) An order for child care expenses may be
22  modified upon a showing of a substantial change in
23  circumstances. The party incurring child care expenses
24  shall notify the other party within 14 days of any
25  change in the amount of child care expenses that would
26  affect the annualized child care amount as determined

 

 

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1  in the support order.
2  (3.8) Shared physical care. If each parent exercises
3  146 or more overnights per year with the child, the basic
4  child support obligation is multiplied by 1.5 to calculate
5  the shared care child support obligation. The court shall
6  determine each parent's share of the shared care child
7  support obligation based on the parent's percentage share
8  of combined net income. The child support obligation is
9  then computed for each parent by multiplying that parent's
10  portion of the shared care support obligation by the
11  percentage of time the child spends with the other parent.
12  The respective child support obligations are then offset,
13  with the parent owing more child support paying the
14  difference between the child support amounts. The Illinois
15  Department of Healthcare and Family Services shall
16  promulgate a worksheet to calculate child support in cases
17  in which the parents have shared physical care and use the
18  standardized tax amount to determine net income.
19  (3.9) Split physical care. When there is more than one
20  child and each parent has physical care of at least one but
21  not all of the children, the support is calculated by
22  using 2 child support worksheets to determine the support
23  each parent owes the other. The support shall be
24  calculated as follows:
25  (A) compute the support the first parent would owe
26  to other parent as if the child in his or her care was

 

 

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1  the only child of the parties; then
2  (B) compute the support the other parent would owe
3  to the first parent as if the child in his or her care
4  were the only child of the parties; then
5  (C) subtract the lesser support obligation from
6  the greater.
7  The parent who owes the greater obligation shall be
8  ordered to pay the difference in support to the other
9  parent, unless the court determines, pursuant to other
10  provisions of this Section, that it should deviate from
11  the guidelines.
12  (4) Health care to be addressed by the court.
13  (A) A portion of the basic child support
14  obligation is intended to cover basic ordinary
15  out-of-pocket medical expenses. The court, in its
16  discretion, in addition to the basic child support
17  obligation, shall also provide for the child's current
18  and future medical needs by ordering either or both
19  parents to initiate health insurance coverage for the
20  child through currently effective health insurance
21  policies held by the parent or parents, purchase one
22  or more or all health, dental, or vision insurance
23  policies for the child, or provide for the child's
24  current and future medical needs through some other
25  manner.
26  (B) The court, in its discretion, may order either

 

 

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1  or both parents to contribute to the reasonable health
2  care needs of the child not covered by insurance,
3  including, but not limited to, unreimbursed medical,
4  dental, orthodontic, or vision expenses and any
5  prescription medication for the child not covered
6  under the child's health insurance.
7  (C) If neither parent has access to appropriate
8  private health insurance coverage, the court may
9  order:
10  (I) one or both parents to provide health
11  insurance coverage at any time it becomes
12  available at a reasonable cost; or
13  (II) the parent or non-parent custodian with
14  primary physical responsibility for the child to
15  apply for public health insurance coverage for the
16  child and require either or both parents to pay a
17  reasonable amount of the cost of health insurance
18  for the child.
19  The order may also provide that any time private
20  health insurance coverage is available at a reasonable
21  cost to that party it will be provided instead of cash
22  medical support. As used in this Section, "cash
23  medical support" means an amount ordered to be paid
24  toward the cost of health insurance provided by a
25  public entity or by another person through employment
26  or otherwise or for other medical costs not covered by

 

 

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1  insurance.
2  (D) The amount to be added to the basic child
3  support obligation shall be the actual amount of the
4  total health insurance premium that is attributable to
5  the child who is the subject of the order. If this
6  amount is not available or cannot be verified, the
7  total cost of the health insurance premium shall be
8  divided by the total number of persons covered by the
9  policy. The cost per person derived from this
10  calculation shall be multiplied by the number of
11  children who are the subject of the order and who are
12  covered under the health insurance policy. This amount
13  shall be added to the basic child support obligation
14  and shall be allocated between the parents in
15  proportion to their respective net incomes.
16  (E) After the health insurance premium for the
17  child is added to the basic child support obligation
18  and allocated between the parents in proportion to
19  their respective incomes for child support purposes,
20  if the obligor is paying the premium, the amount
21  calculated for the obligee's share of the health
22  insurance premium for the child shall be deducted from
23  the obligor's share of the total child support
24  obligation. If the obligee is paying for private
25  health insurance for the child, the child support
26  obligation shall be increased by the obligor's share

 

 

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1  of the premium payment. The obligor's and obligee's
2  portion of health insurance costs shall appear in the
3  support order.
4  (F) Prior to allowing the health insurance
5  adjustment, the parent requesting the adjustment must
6  submit proof that the child has been enrolled in a
7  health insurance plan and must submit proof of the
8  cost of the premium. The court shall require the
9  parent receiving the adjustment to annually submit
10  proof of continued coverage of the child to the other
11  parent, or as designated by the court.
12  (G) A reasonable cost for providing health
13  insurance coverage for the child may not exceed 5% of
14  the providing parent's gross income. Parents with a
15  net income below 133% of the most recent United States
16  Department of Health and Human Services Federal
17  Poverty Guidelines or whose child is covered by
18  Medicaid based on that parent's income may not be
19  ordered to contribute toward or provide private
20  coverage, unless private coverage is obtainable
21  without any financial contribution by that parent.
22  (H) If dental or vision insurance is included as
23  part of the employer's medical plan, the coverage
24  shall be maintained for the child. If not included in
25  the employer's medical plan, adding the dental or
26  vision insurance for the child is at the discretion of

 

 

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1  the court.
2  (I) If a parent has been directed to provide
3  health insurance pursuant to this paragraph and that
4  parent's spouse or legally recognized partner provides
5  the insurance for the benefit of the child either
6  directly or through employment, a credit on the child
7  support worksheet shall be given to that parent in the
8  same manner as if the premium were paid by that parent.
9  (4.5) In a proceeding for child support following
10  dissolution of the marriage or civil union by a court that
11  lacked personal jurisdiction over the absent spouse, and
12  in which the court is requiring payment of support for the
13  period before the date an order for current support is
14  entered, there is a rebuttable presumption that the
15  obligor's net income for the prior period was the same as
16  his or her net income at the time the order for current
17  support is entered.
18  (5) If the net income cannot be determined because of
19  default or any other reason, the court shall order support
20  in an amount considered reasonable in the particular case.
21  The final order in all cases shall state the support level
22  in dollar amounts. However, if the court finds that the
23  child support amount cannot be expressed exclusively as a
24  dollar amount because all or a portion of the obligor's
25  net income is uncertain as to source, time of payment, or
26  amount, the court may order a percentage amount of support

 

 

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1  in addition to a specific dollar amount and enter such
2  other orders as may be necessary to determine and enforce,
3  on a timely basis, the applicable support ordered.
4  (6) If (i) the obligor was properly served with a
5  request for discovery of financial information relating to
6  the obligor's ability to provide child support, (ii) the
7  obligor failed to comply with the request, despite having
8  been ordered to do so by the court, and (iii) the obligor
9  is not present at the hearing to determine support despite
10  having received proper notice, then any relevant financial
11  information concerning the obligor's ability to provide
12  child support that was obtained pursuant to subpoena and
13  proper notice shall be admitted into evidence without the
14  need to establish any further foundation for its
15  admission.
16  (a-3) Life insurance to secure support. At the discretion
17  of the court, a child support obligation pursuant to this
18  Section and Sections 510, 513, and 513.5 of this Act may be
19  secured, in whole or in part, by reasonably affordable life
20  insurance on the life of one or both parents on such terms as
21  the parties agree or as the court orders. The court may require
22  such insurance remain in full force and effect until the
23  termination of all obligations of support, subject to the
24  following:
25  (1) Existing life insurance. The court shall be
26  apprised through evidence, stipulation, or otherwise as to

 

 

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1  the level, ownership, and type of existing life insurance
2  death benefit coverage available to one or both parents,
3  the cost of the premiums, cost ratings, and escalations
4  and assignment of the policy, if applicable, and all other
5  relevant circumstances. The court shall make findings
6  relative thereto.
7  (2) New life insurance. The court shall be apprised
8  through evidence, stipulation, or otherwise as to the
9  availability of obtaining reasonably affordable new life
10  insurance. To the extent the court determines that the
11  support obligations should be secured, in whole or in
12  part, by new life insurance on the life of one or both
13  parents, the court may order that one or both parents
14  comply with all requirements to obtain such new life
15  insurance through employment, trade union, fraternal
16  organizations, associations, or individual means.
17  In determining the level and type of death benefits
18  coverage to be obtained by a parent, the court shall
19  consider access and availability of life insurance to that
20  parent, the cost of the premium, cost ratings, and
21  escalations, if applicable, and all other relevant
22  circumstances.
23  (3) Other security. If life insurance is unavailable
24  to a parent, the court, in its discretion, or as agreed to
25  by the parties, may order other equitable and reasonable
26  means to secure a child support obligation.

 

 

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1  (a-5) In an action to enforce an order for child support
2  based on the obligor's failure to make support payments as
3  required by the order, notice of proceedings to hold the
4  obligor in contempt for that failure may be served on the
5  obligor by personal service or by regular mail addressed to
6  the last known address of the obligor. The last known address
7  of the obligor may be determined from records of the clerk of
8  the court, from the Federal Case Registry of Child Support
9  Orders, or by any other reasonable means.
10  (b) Failure of either parent to comply with an order to pay
11  support shall be punishable as in other cases of contempt. In
12  addition to other penalties provided by law the court may,
13  after finding the parent guilty of contempt, order that the
14  parent be:
15  (1) placed on probation with such conditions of
16  probation as the court deems advisable;
17  (2) sentenced to periodic imprisonment for a period
18  not to exceed 6 months; provided, however, that the court
19  may permit the parent to be released for periods of time
20  during the day or night to:
21  (A) work; or
22  (B) conduct a business or other self-employed
23  occupation.
24  The court may further order any part or all of the earnings
25  of a parent during a sentence of periodic imprisonment paid to
26  the Clerk of the Circuit Court or to the parent having physical

 

 

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1  possession of the child or to the non-parent custodian having
2  custody of the child of the sentenced parent for the support of
3  the child until further order of the court.
4  If a parent who is found guilty of contempt for failure to
5  comply with an order to pay support is a person who conducts a
6  business or who is self-employed, the court in addition to
7  other penalties provided by law may order that the parent do
8  one or more of the following: (i) provide to the court monthly
9  financial statements showing income and expenses from the
10  business or the self-employment; (ii) seek employment and
11  report periodically to the court with a diary, listing, or
12  other memorandum of his or her employment search efforts; or
13  (iii) report to the Department of Employment Security for job
14  search services to find employment that will be subject to
15  withholding for child support.
16  If there is a unity of interest and ownership sufficient
17  to render no financial separation between an obligor and
18  another person or persons or business entity, the court may
19  pierce the ownership veil of the person, persons, or business
20  entity to discover assets of the obligor held in the name of
21  that person, those persons, or that business entity. The
22  following circumstances are sufficient to authorize a court to
23  order discovery of the assets of a person, persons, or
24  business entity and to compel the application of any
25  discovered assets toward payment on the judgment for support:
26  (1) the obligor and the person, persons, or business

 

 

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1  entity maintain records together.
2  (2) the obligor and the person, persons, or business
3  entity fail to maintain an arm's length relationship
4  between themselves with regard to any assets.
5  (3) the obligor transfers assets to the person,
6  persons, or business entity with the intent to perpetrate
7  a fraud on the obligee.
8  With respect to assets which are real property, no order
9  entered under this paragraph shall affect the rights of bona
10  fide purchasers, mortgagees, judgment creditors, or other lien
11  holders who acquire their interests in the property prior to
12  the time a notice of lis pendens pursuant to the Code of Civil
13  Procedure or a copy of the order is placed of record in the
14  office of the recorder of deeds for the county in which the
15  real property is located.
16  The court may also order in cases where the parent is 90
17  days or more delinquent in payment of support or has been
18  adjudicated in arrears in an amount equal to 90 days
19  obligation or more, that the parent's Illinois driving
20  privileges be suspended until the court determines that the
21  parent is in compliance with the order of support. The court
22  may also order that the parent be issued a family financial
23  responsibility driving permit that would allow limited driving
24  privileges for employment and medical purposes in accordance
25  with Section 7-702.1 of the Illinois Vehicle Code. The Clerk
26  of the Circuit Court shall certify the order suspending the

 

 

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1  driving privileges of the parent or granting the issuance of a
2  family financial responsibility driving permit to the
3  Secretary of State on forms prescribed by the Secretary of
4  State. Upon receipt of the authenticated documents, the
5  Secretary of State shall suspend the parent's driving
6  privileges until further order of the court and shall, if
7  ordered by the court, subject to the provisions of Section
8  7-702.1 of the Illinois Vehicle Code, issue a family financial
9  responsibility driving permit to the parent.
10  In addition to the penalties or punishment that may be
11  imposed under this Section, any person whose conduct
12  constitutes a violation of Section 15 of the Non-Support
13  Punishment Act may be prosecuted under that Act, and a person
14  convicted under that Act may be sentenced in accordance with
15  that Act. The sentence may include but need not be limited to a
16  requirement that the person perform community service under
17  Section 50 of that Act or participate in a work alternative
18  program under Section 50 of that Act. A person may not be
19  required to participate in a work alternative program under
20  Section 50 of that Act if the person is currently
21  participating in a work program pursuant to Section 505.1 of
22  this Act.
23  A support obligation, or any portion of a support
24  obligation, which becomes due and remains unpaid as of the end
25  of each month, excluding the child support that was due for
26  that month to the extent that it was not paid in that month,

 

 

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1  shall accrue simple interest as set forth in Section 12-109 of
2  the Code of Civil Procedure. An order for support entered or
3  modified on or after January 1, 2006 shall contain a statement
4  that a support obligation required under the order, or any
5  portion of a support obligation required under the order, that
6  becomes due and remains unpaid as of the end of each month,
7  excluding the child support that was due for that month to the
8  extent that it was not paid in that month, shall accrue simple
9  interest as set forth in Section 12-109 of the Code of Civil
10  Procedure. Failure to include the statement in the order for
11  support does not affect the validity of the order or the
12  accrual of interest as provided in this Section.
13  (c) A one-time charge of 20% is imposable upon the amount
14  of past-due child support owed on July 1, 1988 which has
15  accrued under a support order entered by the court. The charge
16  shall be imposed in accordance with the provisions of Section
17  10-21 of the Illinois Public Aid Code and shall be enforced by
18  the court upon petition.
19  (d) Any new or existing support order entered by the court
20  under this Section shall be deemed to be a series of judgments
21  against the person obligated to pay support thereunder, each
22  such judgment to be in the amount of each payment or
23  installment of support and each such judgment to be deemed
24  entered as of the date the corresponding payment or
25  installment becomes due under the terms of the support order.
26  Each such judgment shall have the full force, effect and

 

 

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1  attributes of any other judgment of this State, including the
2  ability to be enforced. Notwithstanding any other State or
3  local law to the contrary, a lien arises by operation of law
4  against the real and personal property of the obligor for each
5  installment of overdue support owed by the obligor.
6  (e) When child support is to be paid through the Clerk of
7  the Court in a county of 500,000 inhabitants or less, the order
8  shall direct the obligor to pay to the Clerk, in addition to
9  the child support payments, all fees imposed by the county
10  board under paragraph (4) of subsection (bb) of Section 27.1a
11  of the Clerks of Courts Act. When child support is to be paid
12  through the clerk of the court in a county of more than 500,000
13  but less than 3,000,000 inhabitants, the order shall direct
14  the obligor to pay to the clerk, in addition to the child
15  support payments, all fees imposed by the county board under
16  paragraph (4) of subsection (bb) of Section 27.2 of the Clerks
17  of Courts Act. Unless paid pursuant to an Income Withholding
18  Order/Notice for Support, the payment of the fee shall be by
19  payment acceptable to the clerk and shall be made to the order
20  of the Clerk.
21  (f) All orders for support, when entered or modified,
22  shall include a provision requiring the obligor to notify the
23  court and, in cases in which a party is receiving child and
24  spouse services under Article X of the Illinois Public Aid
25  Code, the Department of Healthcare and Family Services, within
26  7 days, (i) of the name and address of any new employer of the

 

 

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1  obligor, (ii) whether the obligor has access to health
2  insurance coverage through the employer or other group
3  coverage and, if so, the policy name and number and the names
4  of persons covered under the policy, except only the initials
5  of any covered minors shall be included, and (iii) of any new
6  residential or mailing address or telephone number of the
7  obligor. In any subsequent action to enforce a support order,
8  upon a sufficient showing that a diligent effort has been made
9  to ascertain the location of the obligor, service of process
10  or provision of notice necessary in the case may be made at the
11  last known address of the obligor in any manner expressly
12  provided by the Code of Civil Procedure or this Act, which
13  service shall be sufficient for purposes of due process.
14  (g) An order for support shall include a date on which the
15  current support obligation terminates. The termination date
16  shall be no earlier than the date on which the child covered by
17  the order will attain the age of 18. However, if the child will
18  not graduate from high school until after attaining the age of
19  18, then the termination date shall be no earlier than the
20  earlier of the date on which the child's high school
21  graduation will occur or the date on which the child will
22  attain the age of 19. The order for support shall state that
23  the termination date does not apply to any arrearage that may
24  remain unpaid on that date. Nothing in this subsection shall
25  be construed to prevent the court from modifying the order or
26  terminating the order in the event the child is otherwise

 

 

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1  emancipated.
2  (g-5) If there is an unpaid arrearage or delinquency (as
3  those terms are defined in the Income Withholding for Support
4  Act) equal to at least one month's support obligation on the
5  termination date stated in the order for support or, if there
6  is no termination date stated in the order, on the date the
7  child attains the age of majority or is otherwise emancipated,
8  the periodic amount required to be paid for current support of
9  that child immediately prior to that date shall automatically
10  continue to be an obligation, not as current support but as
11  periodic payment toward satisfaction of the unpaid arrearage
12  or delinquency. That periodic payment shall be in addition to
13  any periodic payment previously required for satisfaction of
14  the arrearage or delinquency. The total periodic amount to be
15  paid toward satisfaction of the arrearage or delinquency may
16  be enforced and collected by any method provided by law for
17  enforcement and collection of child support, including but not
18  limited to income withholding under the Income Withholding for
19  Support Act. Each order for support entered or modified on or
20  after January 1, 2005 (the effective date of Public Act
21  93-1061) must contain a statement notifying the parties of the
22  requirements of this subsection. Failure to include the
23  statement in the order for support does not affect the
24  validity of the order or the operation of the provisions of
25  this subsection with regard to the order. This subsection
26  shall not be construed to prevent or affect the establishment

 

 

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1  or modification of an order for support of a minor child or the
2  establishment or modification of an order for support of a
3  non-minor child or educational expenses under Section 513 of
4  this Act.
5  (h) An order entered under this Section shall include a
6  provision requiring either parent to report to the other
7  parent and to the Clerk of Court within 10 days each time
8  either parent obtains new employment, and each time either
9  parent's employment is terminated for any reason. The report
10  shall be in writing and shall, in the case of new employment,
11  include the name and address of the new employer. Failure to
12  report new employment or the termination of current
13  employment, if coupled with nonpayment of support for a period
14  in excess of 60 days, is indirect criminal contempt. For
15  either parent arrested for failure to report new employment
16  bond shall be set in the amount of the child support that
17  should have been paid during the period of unreported
18  employment. An order entered under this Section shall also
19  include a provision requiring either obligor and obligee to
20  advise the other of a change in residence within 5 days of the
21  change except when the court finds that the physical, mental,
22  or emotional health of a party or that of a child, or both,
23  would be seriously endangered by disclosure of the party's
24  address.
25  (i) The court does not lose the powers of contempt,
26  driver's license suspension, or other child support

 

 

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1  enforcement mechanisms, including, but not limited to,
2  criminal prosecution as set forth in this Act, upon the
3  emancipation of the minor child.
4  (Source: P.A. 102-823, eff. 5-13-22.)
5  (Text of Section after amendment by P.A. 103-967)
6  Sec. 505. Child support; contempt; penalties.
7  (a) In a proceeding for dissolution of marriage, legal
8  separation, declaration of invalidity of marriage, or
9  dissolution of a civil union, a proceeding for child support
10  following a legal separation or dissolution of the marriage or
11  civil union by a court that lacked personal jurisdiction over
12  the absent spouse, a proceeding for modification of a previous
13  order for child support under Section 510 of this Act, or any
14  proceeding authorized under Section 501 or 601 of this Act,
15  the court may order either or both parents owing a duty of
16  support to a child of the marriage or civil union to pay an
17  amount reasonable and necessary for support. The duty of
18  support owed to a child includes the obligation to provide for
19  the reasonable and necessary physical, mental and emotional
20  health needs of the child. For purposes of this Section, the
21  term "child" shall include any child under age 18 and any child
22  over the age of 18 who has not attained age 19 and or younger
23  who is still attending high school. For purposes of this
24  Section, the term "obligor" means the parent obligated to pay
25  support to the other parent.

 

 

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1  (1) Child support guidelines. The Illinois Department
2  of Healthcare and Family Services shall adopt rules
3  establishing child support guidelines which include
4  worksheets to aid in the calculation of the child support
5  obligations and a schedule of basic child support
6  obligations that reflects the percentage of combined net
7  income that parents living in the same household in this
8  State ordinarily spend on their child. The child support
9  guidelines have the following purposes:
10  (A) to establish as State policy an adequate
11  standard of support for a child, subject to the
12  ability of parents to pay;
13  (B) to make child support obligations more
14  equitable by ensuring more consistent treatment of
15  parents in similar circumstances;
16  (C) to improve the efficiency of the court process
17  by promoting settlements and giving courts and the
18  parties guidance in establishing levels of child
19  support;
20  (D) to calculate child support based upon the
21  parents' combined net income estimated to have been
22  allocated for the support of the child if the parents
23  and child were living in an intact household;
24  (E) to adjust child support based upon the needs
25  of the child; and
26  (F) to allocate the amount of child support to be

 

 

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1  paid by each parent based upon a parent's net income
2  and the child's physical care arrangements.
3  (1.5) Computation of basic child support obligation.
4  The court shall compute the basic child support obligation
5  by taking the following steps:
6  (A) determine each parent's monthly net income;
7  (B) add the parents' monthly net incomes together
8  to determine the combined monthly net income of the
9  parents;
10  (C) select the corresponding appropriate amount
11  from the schedule of basic child support obligations
12  based on the parties' combined monthly net income and
13  number of children of the parties; and
14  (D) calculate each parent's percentage share of
15  the basic child support obligation.
16  Although a monetary obligation is computed for each
17  parent as child support, the receiving parent's share is
18  not payable to the other parent and is presumed to be spent
19  directly on the child.
20  (2) Duty of support. The court shall determine child
21  support in each case by applying the child support
22  guidelines unless the court makes a finding that
23  application of the guidelines would be inappropriate,
24  after considering the best interests of the child and
25  evidence which shows relevant factors including, but not
26  limited to, one or more of the following:

 

 

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1  (A) the financial resources and needs of the
2  child;
3  (B) the financial resources and needs of the
4  parents;
5  (C) the standard of living the child would have
6  enjoyed had the marriage or civil union not been
7  dissolved; and
8  (D) the physical and emotional condition of the
9  child and his or her educational needs.
10  (3) Income.
11  (A) As used in this Section, "gross income" means
12  the total of all income from all sources, except
13  "gross income" does not include (i) benefits received
14  by the parent from means-tested public assistance
15  programs, including, but not limited to, Temporary
16  Assistance for Needy Families, Supplemental Security
17  Income, and the Supplemental Nutrition Assistance
18  Program or (ii) benefits and income received by the
19  parent for other children in the household, including,
20  but not limited to, child support, survivor benefits,
21  and foster care payments. Social security disability
22  and retirement benefits paid for the benefit of the
23  subject child must be included in the disabled or
24  retired parent's gross income for purposes of
25  calculating the parent's child support obligation, but
26  the parent is entitled to a child support credit for

 

 

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1  the amount of benefits paid to the other party for the
2  child. "Gross income" includes maintenance treated as
3  taxable income for federal income tax purposes to the
4  payee and received pursuant to a court order in the
5  pending proceedings or any other proceedings and shall
6  be included in the payee's gross income for purposes
7  of calculating the parent's child support obligation.
8  (B) As used in this Section, "net income" means
9  gross income minus either the standardized tax amount
10  calculated pursuant to subparagraph (C) of this
11  paragraph (3) or the individualized tax amount
12  calculated pursuant to subparagraph (D) of this
13  paragraph (3), and minus any adjustments pursuant to
14  subparagraph (F) of this paragraph (3). The
15  standardized tax amount shall be used unless the
16  requirements for an individualized tax amount set
17  forth in subparagraph (E) of this paragraph (3) are
18  met. "Net income" includes maintenance not includable
19  in the gross taxable income of the payee for federal
20  income tax purposes under a court order in the pending
21  proceedings or any other proceedings and shall be
22  included in the payee's net income for purposes of
23  calculating the parent's child support obligation.
24  (C) As used in this Section, "standardized tax
25  amount" means the total of federal and state income
26  taxes for a single person claiming the standard tax

 

 

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1  deduction, one personal exemption, and the applicable
2  number of dependency exemptions for the minor child or
3  children of the parties, and Social Security and
4  Medicare tax calculated at the Federal Insurance
5  Contributions Act rate.
6  (I) Unless a court has determined otherwise or
7  the parties otherwise agree, the party with the
8  majority of parenting time shall be deemed
9  entitled to claim the dependency exemption for the
10  parties' minor child.
11  (II) The Illinois Department of Healthcare and
12  Family Services shall promulgate a standardized
13  net income conversion table that computes net
14  income by deducting the standardized tax amount
15  from gross income.
16  (D) As used in this Section, "individualized tax
17  amount" means the aggregate of the following taxes:
18  (I) federal income tax (properly calculated
19  withholding or estimated payments);
20  (II) State income tax (properly calculated
21  withholding or estimated payments); and
22  (III) Social Security or self-employment tax,
23  if applicable (or, if none, mandatory retirement
24  contributions required by law or as a condition of
25  employment) and Medicare tax calculated at the
26  Federal Insurance Contributions Act rate.

 

 

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1  (E) In lieu of a standardized tax amount, a
2  determination of an individualized tax amount may be
3  made under items (I), (II), or (III) below. If an
4  individualized tax amount determination is made under
5  this subparagraph (E), all relevant tax attributes
6  (including filing status, allocation of dependency
7  exemptions, and whether a party is to claim the use of
8  the standard deduction or itemized deductions for
9  federal income tax purposes) shall be as the parties
10  agree or as the court determines. To determine a
11  party's reported income, the court may order the party
12  to complete an Internal Revenue Service Form 4506-T,
13  Request for Tax Transcript.
14  (I) Agreement. Irrespective of whether the
15  parties agree on any other issue before the court,
16  if they jointly stipulate for the record their
17  concurrence on a computation method for the
18  individualized tax amount that is different from
19  the method set forth under subparagraph (D), the
20  stipulated method shall be used by the court
21  unless the court rejects the proposed stipulated
22  method for good cause.
23  (II) Summary hearing. If the court determines
24  child support in a summary hearing under Section
25  501 and an eligible party opts in to the
26  individualized tax amount method under this item

 

 

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1  (II), the individualized tax amount shall be
2  determined by the court on the basis of
3  information contained in one or both parties'
4  Supreme Court approved Financial Affidavit (Family &
5  Divorce Cases) and relevant supporting documents
6  under applicable court rules. No party, however,
7  is eligible to opt in unless the party, under
8  applicable court rules, has served the other party
9  with the required Supreme Court approved Financial
10  Affidavit (Family & Divorce Cases) and has
11  substantially produced supporting documents
12  required by the applicable court rules.
13  (III) Evidentiary hearing. If the court
14  determines child support in an evidentiary
15  hearing, whether for purposes of a temporary order
16  or at the conclusion of a proceeding, item (II) of
17  this subparagraph (E) does not apply. In each such
18  case (unless item (I) governs), the individualized
19  tax amount shall be as determined by the court on
20  the basis of the record established.
21  (F) Adjustments to income.
22  (I) Multi-family adjustment. If a parent is
23  also legally responsible for support of a child
24  not shared with the other parent and not subject
25  to the present proceeding, there shall be an
26  adjustment to net income as follows:

 

 

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1  (i) Multi-family adjustment with court
2  order. The court shall deduct from the
3  parent's net income the amount of child
4  support actually paid by the parent pursuant
5  to a support order unless the court makes a
6  finding that it would cause economic hardship
7  to the child.
8  (ii) Multi-family adjustment without court
9  order. Upon the request or application of a
10  parent actually supporting a presumed,
11  acknowledged, or adjudicated child living in
12  or outside of that parent's household, there
13  shall be an adjustment to child support. The
14  court shall deduct from the parent's net
15  income the amount of financial support
16  actually paid by the parent for the child or
17  75% of the support the parent should pay under
18  the child support guidelines (before this
19  adjustment), whichever is less, unless the
20  court makes a finding that it would cause
21  economic hardship to the child. The adjustment
22  shall be calculated using that parent's income
23  alone.
24  (II) Spousal Maintenance adjustment.
25  Obligations pursuant to a court order for spousal
26  maintenance in the pending proceeding actually

 

 

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1  paid or payable to the same party to whom child
2  support is to be payable or actually paid to a
3  former spouse pursuant to a court order shall be
4  deducted from the parent's after-tax income,
5  unless the maintenance obligation is tax
6  deductible to the payor for federal income tax
7  purposes, in which case it shall be deducted from
8  the payor's gross income for purposes of
9  calculating the parent's child support obligation.
10  (3.1) Business income. For purposes of calculating
11  child support, net business income from the operation of a
12  business means gross receipts minus ordinary and necessary
13  expenses required to carry on the trade or business. As
14  used in this paragraph, "business" includes, but is not
15  limited to, sole proprietorships, closely held
16  corporations, partnerships, other flow-through business
17  entities, and self-employment. The court shall apply the
18  following:
19  (A) The accelerated component of depreciation and
20  any business expenses determined either judicially or
21  administratively to be inappropriate or excessive
22  shall be excluded from the total of ordinary and
23  necessary business expenses to be deducted in the
24  determination of net business income from gross
25  business income.
26  (B) Any item of reimbursement or in-kind payment

 

 

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1  received by a parent from a business, including, but
2  not limited to, a company car, reimbursed meals, free
3  housing, or a housing allowance, shall be counted as
4  income if not otherwise included in the recipient's
5  gross income, if the item is significant in amount and
6  reduces personal expenses.
7  (3.2a) Unemployment or underemployment. If a parent is
8  voluntarily unemployed or underemployed, child support
9  shall be calculated based on a determination of potential
10  income. In determining potential income, the court shall
11  consider the specific circumstances of a party, to the
12  extent known, including, but not limited to, the parent's:
13  (1) assets;
14  (2) ownership of a substantial non-income
15  producing asset;
16  (3) residence;
17  (4) employment and earning history;
18  (5) job skills;
19  (6) educational attainment;
20  (7) literacy;
21  (8) age;
22  (9) health;
23  (10) criminal records and other employment
24  barriers; and
25  (11) record of seeking work.
26  The court shall also consider the local job market,

 

 

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1  availability of local employers willing to hire the
2  parent, prevailing earning levels in the local community,
3  and other relevant background factors in the case. If
4  there is insufficient work history to determine employment
5  potential and probable earnings level, there shall be a
6  rebuttable presumption that the parent's potential income
7  is 75% of the most recent United States Department of
8  Health and Human Services Federal Poverty Guidelines for a
9  family of one person. Incarceration shall not be
10  considered voluntary unemployment for child support
11  purposes in establishing or modifying child support.
12  (3.2b) The court may impute income to a party only
13  upon conducting an evidentiary hearing or by agreement of
14  the parties. Imputation of income shall be accompanied by
15  specific written findings identifying the basis or bases
16  for imputation using these factors.
17  (3.3) Rebuttable presumption in favor of guidelines.
18  There is a rebuttable presumption in any judicial or
19  administrative proceeding for child support that the
20  amount of the child support obligation that would result
21  from the application of the child support guidelines is
22  the correct amount of child support.
23  (3.3a) Minimum child support obligation. There is a
24  rebuttable presumption that a minimum child support
25  obligation of $40 per month, per child, will be entered
26  for an obligor who has actual or imputed gross income at or

 

 

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1  less than 75% of the most recent United States Department
2  of Health and Human Services Federal Poverty Guidelines
3  for a family of one person, with a maximum total child
4  support obligation for that obligor of $120 per month to
5  be divided equally among all of the obligor's children.
6  (3.3b) Zero dollar child support order. For parents
7  with no gross income, who receive only means-tested
8  assistance, or who cannot work due to a medically proven
9  disability, incarceration, or institutionalization, there
10  is a rebuttable presumption that the $40 per month minimum
11  support order is inapplicable and a zero dollar order
12  shall be entered.
13  (3.4) Deviation factors. In any action to establish or
14  modify child support, whether pursuant to a temporary or
15  final administrative or court order, the child support
16  guidelines shall be used as a rebuttable presumption for
17  the establishment or modification of the amount of child
18  support. The court may deviate from the child support
19  guidelines if the application would be inequitable,
20  unjust, or inappropriate. Any deviation from the
21  guidelines shall be accompanied by written findings by the
22  court specifying the reasons for the deviation and the
23  presumed amount under the child support guidelines without
24  a deviation. These reasons may include:
25  (A) extraordinary medical expenditures necessary
26  to preserve the life or health of a party or a child of

 

 

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1  either or both of the parties;
2  (B) additional expenses incurred for a child
3  subject to the child support order who has special
4  medical, physical, or developmental needs; and
5  (C) any other factor the court determines should
6  be applied upon a finding that the application of the
7  child support guidelines would be inappropriate, after
8  considering the best interest of the child.
9  (3.5) Income in excess of the schedule of basic child
10  support obligation. A court may use its discretion to
11  determine child support if the combined adjusted net
12  income of the parties exceeds the highest level of the
13  schedule of basic child support obligation, except that
14  the basic child support obligation shall not be less than
15  the highest level of combined net income set forth in the
16  schedule of basic child support obligation.
17  (3.6) Extracurricular activities and school expenses.
18  The court, in its discretion, in addition to the basic
19  child support obligation, may order either or both parents
20  owing a duty of support to the child to contribute to the
21  reasonable school and extracurricular activity expenses
22  incurred which are intended to enhance the educational,
23  athletic, social, or cultural development of the child.
24  (3.7) Child care expenses. The court, in its
25  discretion, in addition to the basic child support
26  obligation, may order either or both parents owing a duty

 

 

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1  of support to the child to contribute to the reasonable
2  child care expenses of the child. The child care expenses
3  shall be made payable directly to a party or directly to
4  the child care provider at the time of child care
5  services.
6  (A) "Child care expenses" means actual expenses
7  reasonably necessary to enable a parent or non-parent
8  custodian to be employed, to attend educational or
9  vocational training programs to improve employment
10  opportunities, or to search for employment. "Child
11  care expenses" also includes deposits for securing
12  placement in a child care program, the cost of before
13  and after school care, and camps when school is not in
14  session. A child's special needs shall be a
15  consideration in determining reasonable child care
16  expenses.
17  (B) Child care expenses shall be prorated in
18  proportion to each parent's percentage share of
19  combined net income, and may be added to the basic
20  child support obligation if not paid directly by each
21  parent to the provider of child care services. The
22  obligor's and obligee's portion of actual child care
23  expenses shall appear in the support order. If
24  allowed, the value of the federal income tax credit
25  for child care shall be subtracted from the actual
26  cost to determine the net child care costs.

 

 

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1  (C) The amount of child care expenses shall be
2  adequate to obtain reasonable and necessary child
3  care. The actual child care expenses shall be used to
4  calculate the child care expenses, if available. When
5  actual child care expenses vary, the actual child care
6  expenses may be averaged over the most recent 12-month
7  period. When a parent is temporarily unemployed or
8  temporarily not attending educational or vocational
9  training programs, future child care expenses shall be
10  based upon prospective expenses to be incurred upon
11  return to employment or educational or vocational
12  training programs.
13  (D) An order for child care expenses may be
14  modified upon a showing of a substantial change in
15  circumstances. The party incurring child care expenses
16  shall notify the other party within 14 days of any
17  change in the amount of child care expenses that would
18  affect the annualized child care amount as determined
19  in the support order.
20  (3.8) Shared physical care. If each parent exercises
21  146 or more overnights per year with the child, the basic
22  child support obligation is multiplied by 1.5 to calculate
23  the shared care child support obligation. The court shall
24  determine each parent's share of the shared care child
25  support obligation based on the parent's percentage share
26  of combined net income. The child support obligation is

 

 

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1  then computed for each parent by multiplying that parent's
2  portion of the shared care support obligation by the
3  percentage of time the child spends with the other parent.
4  The respective child support obligations are then offset,
5  with the parent owing more child support paying the
6  difference between the child support amounts. The Illinois
7  Department of Healthcare and Family Services shall
8  promulgate a worksheet to calculate child support in cases
9  in which the parents have shared physical care and use the
10  standardized tax amount to determine net income.
11  (3.9) Split physical care. When there is more than one
12  child and each parent has physical care of at least one but
13  not all of the children, the support is calculated by
14  using 2 child support worksheets to determine the support
15  each parent owes the other. The support shall be
16  calculated as follows:
17  (A) compute the support the first parent would owe
18  to other parent as if the child in his or her care was
19  the only child of the parties; then
20  (B) compute the support the other parent would owe
21  to the first parent as if the child in his or her care
22  were the only child of the parties; then
23  (C) subtract the lesser support obligation from
24  the greater.
25  The parent who owes the greater obligation shall be
26  ordered to pay the difference in support to the other

 

 

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1  parent, unless the court determines, pursuant to other
2  provisions of this Section, that it should deviate from
3  the guidelines.
4  (4) Health care to be addressed by the court.
5  (A) A portion of the basic child support
6  obligation is intended to cover basic ordinary
7  out-of-pocket medical expenses. The court, in its
8  discretion, in addition to the basic child support
9  obligation, shall also provide for the child's current
10  and future medical needs by ordering either or both
11  parents to initiate health insurance coverage for the
12  child through currently effective health insurance
13  policies held by the parent or parents, purchase one
14  or more or all health, dental, or vision insurance
15  policies for the child, or provide for the child's
16  current and future medical needs through some other
17  manner.
18  (B) The court, in its discretion, may order either
19  or both parents to contribute to the reasonable health
20  care needs of the child not covered by insurance,
21  including, but not limited to, unreimbursed medical,
22  dental, orthodontic, or vision expenses and any
23  prescription medication for the child not covered
24  under the child's health insurance.
25  (C) If neither parent has access to appropriate
26  private health insurance coverage, the court may

 

 

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1  order:
2  (I) one or both parents to provide health
3  insurance coverage at any time it becomes
4  available at a reasonable cost; or
5  (II) the parent or non-parent custodian with
6  primary physical responsibility for the child to
7  apply for public health insurance coverage for the
8  child and require either or both parents to pay a
9  reasonable amount of the cost of health insurance
10  for the child.
11  The order may also provide that any time private
12  health insurance coverage is available at a reasonable
13  cost to that party it will be provided instead of cash
14  medical support. As used in this Section, "cash
15  medical support" means an amount ordered to be paid
16  toward the cost of health insurance provided by a
17  public entity or by another person through employment
18  or otherwise or for other medical costs not covered by
19  insurance.
20  (D) The amount to be added to the basic child
21  support obligation shall be the actual amount of the
22  total health insurance premium that is attributable to
23  the child who is the subject of the order. If this
24  amount is not available or cannot be verified, the
25  total cost of the health insurance premium shall be
26  divided by the total number of persons covered by the

 

 

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1  policy. The cost per person derived from this
2  calculation shall be multiplied by the number of
3  children who are the subject of the order and who are
4  covered under the health insurance policy. This amount
5  shall be added to the basic child support obligation
6  and shall be allocated between the parents in
7  proportion to their respective net incomes.
8  (E) After the health insurance premium for the
9  child is added to the basic child support obligation
10  and allocated between the parents in proportion to
11  their respective incomes for child support purposes,
12  if the obligor is paying the premium, the amount
13  calculated for the obligee's share of the health
14  insurance premium for the child shall be deducted from
15  the obligor's share of the total child support
16  obligation. If the obligee is paying for private
17  health insurance for the child, the child support
18  obligation shall be increased by the obligor's share
19  of the premium payment. The obligor's and obligee's
20  portion of health insurance costs shall appear in the
21  support order.
22  (F) Prior to allowing the health insurance
23  adjustment, the parent requesting the adjustment must
24  submit proof that the child has been enrolled in a
25  health insurance plan and must submit proof of the
26  cost of the premium. The court shall require the

 

 

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1  parent receiving the adjustment to annually submit
2  proof of continued coverage of the child to the other
3  parent, or as designated by the court.
4  (G) A reasonable cost for providing health
5  insurance coverage for the child may not exceed 5% of
6  the providing parent's gross income. Parents with a
7  net income below 133% of the most recent United States
8  Department of Health and Human Services Federal
9  Poverty Guidelines or whose child is covered by
10  Medicaid based on that parent's income may not be
11  ordered to contribute toward or provide private
12  coverage, unless private coverage is obtainable
13  without any financial contribution by that parent.
14  (H) If dental or vision insurance is included as
15  part of the employer's medical plan, the coverage
16  shall be maintained for the child. If not included in
17  the employer's medical plan, adding the dental or
18  vision insurance for the child is at the discretion of
19  the court.
20  (I) If a parent has been directed to provide
21  health insurance pursuant to this paragraph and that
22  parent's spouse or legally recognized partner provides
23  the insurance for the benefit of the child either
24  directly or through employment, a credit on the child
25  support worksheet shall be given to that parent in the
26  same manner as if the premium were paid by that parent.

 

 

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1  (4.5) In a proceeding for child support following
2  dissolution of the marriage or civil union by a court that
3  lacked personal jurisdiction over the absent spouse, and
4  in which the court is requiring payment of support for the
5  period before the date an order for current support is
6  entered, there is a rebuttable presumption that the
7  obligor's net income for the prior period was the same as
8  his or her net income at the time the order for current
9  support is entered.
10  (5) If the net income cannot be determined because of
11  default or any other reason, the court shall order support
12  in an amount considered reasonable in the particular case.
13  The final order in all cases shall state the support level
14  in dollar amounts. However, if the court finds that the
15  child support amount cannot be expressed exclusively as a
16  dollar amount because all or a portion of the obligor's
17  net income is uncertain as to source, time of payment, or
18  amount, the court may order a percentage amount of support
19  in addition to a specific dollar amount and enter such
20  other orders as may be necessary to determine and enforce,
21  on a timely basis, the applicable support ordered.
22  (6) If (i) the obligor was properly served with a
23  request for discovery of financial information relating to
24  the obligor's ability to provide child support, (ii) the
25  obligor failed to comply with the request, despite having
26  been ordered to do so by the court, and (iii) the obligor

 

 

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1  is not present at the hearing to determine support despite
2  having received proper notice, then any relevant financial
3  information concerning the obligor's ability to provide
4  child support that was obtained pursuant to subpoena and
5  proper notice shall be admitted into evidence without the
6  need to establish any further foundation for its
7  admission.
8  (a-3) Life insurance to secure support. At the discretion
9  of the court, a child support obligation pursuant to this
10  Section and Sections 510, 513, and 513.5 of this Act may be
11  secured, in whole or in part, by reasonably affordable life
12  insurance on the life of one or both parents on such terms as
13  the parties agree or as the court orders. The court may require
14  such insurance remain in full force and effect until the
15  termination of all obligations of support, subject to the
16  following:
17  (1) Existing life insurance. The court shall be
18  apprised through evidence, stipulation, or otherwise as to
19  the level, ownership, and type of existing life insurance
20  death benefit coverage available to one or both parents,
21  the cost of the premiums, cost ratings, and escalations
22  and assignment of the policy, if applicable, and all other
23  relevant circumstances. The court shall make findings
24  relative thereto.
25  (2) New life insurance. The court shall be apprised
26  through evidence, stipulation, or otherwise as to the

 

 

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1  availability of obtaining reasonably affordable new life
2  insurance. To the extent the court determines that the
3  support obligations should be secured, in whole or in
4  part, by new life insurance on the life of one or both
5  parents, the court may order that one or both parents
6  comply with all requirements to obtain such new life
7  insurance through employment, trade union, fraternal
8  organizations, associations, or individual means.
9  In determining the level and type of death benefits
10  coverage to be obtained by a parent, the court shall
11  consider access and availability of life insurance to that
12  parent, the cost of the premium, cost ratings, and
13  escalations, if applicable, and all other relevant
14  circumstances.
15  (3) Other security. If life insurance is unavailable
16  to a parent, the court, in its discretion, or as agreed to
17  by the parties, may order other equitable and reasonable
18  means to secure a child support obligation.
19  (a-5) In an action to enforce an order for child support
20  based on the obligor's failure to make support payments as
21  required by the order, notice of proceedings to hold the
22  obligor in contempt for that failure may be served on the
23  obligor by personal service or by regular mail addressed to
24  the last known address of the obligor. The last known address
25  of the obligor may be determined from records of the clerk of
26  the court, from the Federal Case Registry of Child Support

 

 

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1  Orders, or by any other reasonable means.
2  (b) Failure of either parent to comply with an order to pay
3  support shall be punishable as in other cases of contempt. In
4  addition to other penalties provided by law the court may,
5  after finding the parent guilty of contempt, order that the
6  parent be:
7  (1) placed on probation with such conditions of
8  probation as the court deems advisable;
9  (2) sentenced to periodic imprisonment for a period
10  not to exceed 6 months; provided, however, that the court
11  may permit the parent to be released for periods of time
12  during the day or night to:
13  (A) work; or
14  (B) conduct a business or other self-employed
15  occupation.
16  The court may further order any part or all of the earnings
17  of a parent during a sentence of periodic imprisonment paid to
18  the Clerk of the Circuit Court or to the parent having physical
19  possession of the child or to the non-parent custodian having
20  custody of the child of the sentenced parent for the support of
21  the child until further order of the court.
22  If a parent who is found guilty of contempt for failure to
23  comply with an order to pay support is a person who conducts a
24  business or who is self-employed, the court in addition to
25  other penalties provided by law may order that the parent do
26  one or more of the following: (i) provide to the court monthly

 

 

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1  financial statements showing income and expenses from the
2  business or the self-employment; (ii) seek employment and
3  report periodically to the court with a diary, listing, or
4  other memorandum of his or her employment search efforts; or
5  (iii) report to the Department of Employment Security for job
6  search services to find employment that will be subject to
7  withholding for child support.
8  If there is a unity of interest and ownership sufficient
9  to render no financial separation between an obligor and
10  another person or persons or business entity, the court may
11  pierce the ownership veil of the person, persons, or business
12  entity to discover assets of the obligor held in the name of
13  that person, those persons, or that business entity. The
14  following circumstances are sufficient to authorize a court to
15  order discovery of the assets of a person, persons, or
16  business entity and to compel the application of any
17  discovered assets toward payment on the judgment for support:
18  (1) the obligor and the person, persons, or business
19  entity maintain records together.
20  (2) the obligor and the person, persons, or business
21  entity fail to maintain an arm's length relationship
22  between themselves with regard to any assets.
23  (3) the obligor transfers assets to the person,
24  persons, or business entity with the intent to perpetrate
25  a fraud on the obligee.
26  With respect to assets which are real property, no order

 

 

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1  entered under this paragraph shall affect the rights of bona
2  fide purchasers, mortgagees, judgment creditors, or other lien
3  holders who acquire their interests in the property prior to
4  the time a notice of lis pendens pursuant to the Code of Civil
5  Procedure or a copy of the order is placed of record in the
6  office of the recorder of deeds for the county in which the
7  real property is located.
8  The court may also order in cases where the parent is 90
9  days or more delinquent in payment of support or has been
10  adjudicated in arrears in an amount equal to 90 days
11  obligation or more, that the parent's Illinois driving
12  privileges be suspended until the court determines that the
13  parent is in compliance with the order of support. The court
14  may also order that the parent be issued a family financial
15  responsibility driving permit that would allow limited driving
16  privileges for employment and medical purposes in accordance
17  with Section 7-702.1 of the Illinois Vehicle Code. The Clerk
18  of the Circuit Court shall certify the order suspending the
19  driving privileges of the parent or granting the issuance of a
20  family financial responsibility driving permit to the
21  Secretary of State on forms prescribed by the Secretary of
22  State. Upon receipt of the authenticated documents, the
23  Secretary of State shall suspend the parent's driving
24  privileges until further order of the court and shall, if
25  ordered by the court, subject to the provisions of Section
26  7-702.1 of the Illinois Vehicle Code, issue a family financial

 

 

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1  responsibility driving permit to the parent.
2  In addition to the penalties or punishment that may be
3  imposed under this Section, any person whose conduct
4  constitutes a violation of Section 15 of the Non-Support
5  Punishment Act may be prosecuted under that Act, and a person
6  convicted under that Act may be sentenced in accordance with
7  that Act. The sentence may include but need not be limited to a
8  requirement that the person perform community service under
9  Section 50 of that Act or participate in a work alternative
10  program under Section 50 of that Act. A person may not be
11  required to participate in a work alternative program under
12  Section 50 of that Act if the person is currently
13  participating in a work program pursuant to Section 505.1 of
14  this Act.
15  A support obligation, or any portion of a support
16  obligation, which becomes due and remains unpaid as of the end
17  of each month, excluding the child support that was due for
18  that month to the extent that it was not paid in that month,
19  shall accrue simple interest as set forth in Section 12-109 of
20  the Code of Civil Procedure. An order for support entered or
21  modified on or after January 1, 2006 shall contain a statement
22  that a support obligation required under the order, or any
23  portion of a support obligation required under the order, that
24  becomes due and remains unpaid as of the end of each month,
25  excluding the child support that was due for that month to the
26  extent that it was not paid in that month, shall accrue simple

 

 

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1  interest as set forth in Section 12-109 of the Code of Civil
2  Procedure. Failure to include the statement in the order for
3  support does not affect the validity of the order or the
4  accrual of interest as provided in this Section.
5  (c) A one-time charge of 20% is imposable upon the amount
6  of past-due child support owed on July 1, 1988 which has
7  accrued under a support order entered by the court. The charge
8  shall be imposed in accordance with the provisions of Section
9  10-21 of the Illinois Public Aid Code and shall be enforced by
10  the court upon petition.
11  (d) Any new or existing support order entered by the court
12  under this Section shall be deemed to be a series of judgments
13  against the person obligated to pay support thereunder, each
14  such judgment to be in the amount of each payment or
15  installment of support and each such judgment to be deemed
16  entered as of the date the corresponding payment or
17  installment becomes due under the terms of the support order.
18  Each such judgment shall have the full force, effect and
19  attributes of any other judgment of this State, including the
20  ability to be enforced. Notwithstanding any other State or
21  local law to the contrary, a lien arises by operation of law
22  against the real and personal property of the obligor for each
23  installment of overdue support owed by the obligor.
24  (e) When child support is to be paid through the Clerk of
25  the Court in a county of 500,000 inhabitants or less, the order
26  shall direct the obligor to pay to the Clerk, in addition to

 

 

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1  the child support payments, all fees imposed by the county
2  board under paragraph (2) of subsection (j-5) of Section 27.1b
3  of the Clerks of Courts Act. When child support is to be paid
4  through the clerk of the court in a county of more than 500,000
5  but less than 3,000,000 inhabitants, the order shall direct
6  the obligor to pay to the clerk, in addition to the child
7  support payments, all fees imposed by the county board under
8  paragraph (4) of subsection (bb) of Section 27.2 of the Clerks
9  of Courts Act. Unless paid pursuant to an Income Withholding
10  Order/Notice for Support, the payment of the fee shall be by
11  payment acceptable to the clerk and shall be made to the order
12  of the Clerk.
13  (f) All orders for support, when entered or modified,
14  shall include a provision requiring the obligor to notify the
15  court and, in cases in which a party is receiving child and
16  spouse services under Article X of the Illinois Public Aid
17  Code, the Department of Healthcare and Family Services, within
18  7 days, (i) of the name and address of any new employer of the
19  obligor, (ii) whether the obligor has access to health
20  insurance coverage through the employer or other group
21  coverage and, if so, the policy name and number and the names
22  of persons covered under the policy, except only the initials
23  of any covered minors shall be included, and (iii) of any new
24  residential or mailing address or telephone number of the
25  obligor. In any subsequent action to enforce a support order,
26  upon a sufficient showing that a diligent effort has been made

 

 

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1  to ascertain the location of the obligor, service of process
2  or provision of notice necessary in the case may be made at the
3  last known address of the obligor in any manner expressly
4  provided by the Code of Civil Procedure or this Act, which
5  service shall be sufficient for purposes of due process.
6  (g) An order for support shall include a date on which the
7  current support obligation terminates. The termination date
8  shall be no earlier than the date on which the child covered by
9  the order will attain the age of 18. However, if the child will
10  not graduate from high school until after attaining the age of
11  18, then the termination date shall be no earlier than the
12  earlier of the date on which the child's high school
13  graduation will occur or the date on which the child will
14  attain the age of 19. The order for support shall state that
15  the termination date does not apply to any arrearage that may
16  remain unpaid on that date. Nothing in this subsection shall
17  be construed to prevent the court from modifying the order or
18  terminating the order in the event the child is otherwise
19  emancipated.
20  (g-5) If there is an unpaid arrearage or delinquency (as
21  those terms are defined in the Income Withholding for Support
22  Act) equal to at least one month's support obligation on the
23  termination date stated in the order for support or, if there
24  is no termination date stated in the order, on the date the
25  child attains the age of majority or is otherwise emancipated,
26  the periodic amount required to be paid for current support of

 

 

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1  that child immediately prior to that date shall automatically
2  continue to be an obligation, not as current support but as
3  periodic payment toward satisfaction of the unpaid arrearage
4  or delinquency. That periodic payment shall be in addition to
5  any periodic payment previously required for satisfaction of
6  the arrearage or delinquency. The total periodic amount to be
7  paid toward satisfaction of the arrearage or delinquency may
8  be enforced and collected by any method provided by law for
9  enforcement and collection of child support, including but not
10  limited to income withholding under the Income Withholding for
11  Support Act. Each order for support entered or modified on or
12  after January 1, 2005 (the effective date of Public Act
13  93-1061) must contain a statement notifying the parties of the
14  requirements of this subsection. Failure to include the
15  statement in the order for support does not affect the
16  validity of the order or the operation of the provisions of
17  this subsection with regard to the order. This subsection
18  shall not be construed to prevent or affect the establishment
19  or modification of an order for support of a minor child or the
20  establishment or modification of an order for support of a
21  non-minor child or educational expenses under Section 513 of
22  this Act.
23  (h) An order entered under this Section shall include a
24  provision requiring either parent to report to the other
25  parent and to the Clerk of Court within 10 days each time
26  either parent obtains new employment, and each time either

 

 

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1  parent's employment is terminated for any reason. The report
2  shall be in writing and shall, in the case of new employment,
3  include the name and address of the new employer. Failure to
4  report new employment or the termination of current
5  employment, if coupled with nonpayment of support for a period
6  in excess of 60 days, is indirect criminal contempt. For
7  either parent arrested for failure to report new employment
8  bond shall be set in the amount of the child support that
9  should have been paid during the period of unreported
10  employment. An order entered under this Section shall also
11  include a provision requiring either obligor and obligee to
12  advise the other of a change in residence within 5 days of the
13  change except when the court finds that the physical, mental,
14  or emotional health of a party or that of a child, or both,
15  would be seriously endangered by disclosure of the party's
16  address.
17  (i) The court does not lose the powers of contempt,
18  driver's license suspension, or other child support
19  enforcement mechanisms, including, but not limited to,
20  criminal prosecution as set forth in this Act, upon the
21  emancipation of the minor child.
22  (Source: P.A. 102-823, eff. 5-13-22; 103-967, eff. 1-1-25.)
23  Section 95. No acceleration or delay. Where this Act makes
24  changes in a statute that is represented in this Act by text
25  that is not yet or no longer in effect (for example, a Section

 

 

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1  represented by multiple versions), the use of that text does
2  not accelerate or delay the taking effect of (i) the changes
3  made by this Act or (ii) provisions derived from any other
4  Public Act.
5  Section 99. Effective date. This Act takes effect upon
6  becoming law.

 

 

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