SB 69 — FAMILY LAW-CHILD SUPPORT

SB0069 EngrossedEnrolled LRB100 04736 HEP 15946 b AN ACT concerning civil law.

(a) In a proceeding for dissolution of marriage, legal separation, declaration of invalidity of marriage, dissolution of a civil union, a proceeding for child support following dissolution of the marriage or civil union by a court that lacked personal jurisdiction over the absent spouse, a proceeding for modification of a previous order for child SB0069 EngrossedEnrolled - 2 - LRB100 04736 HEP 15946 b support under Section 510 of this Act, or any proceeding authorized under Section 501 or 601 of this Act, the court may order either or both parents owing a duty of support to a child of the marriage or civil union to pay an amount reasonable and necessary for support.

(B) to make child support obligations awards more equitable by ensuring more consistent treatment of SB0069 EngrossedEnrolled - 3 - LRB100 04736 HEP 15946 b parents persons in similar circumstances;

(C) select the corresponding appropriate amount from the schedule of basic child support obligations based on the parties' combined monthly net income and SB0069 EngrossedEnrolled - 4 - LRB100 04736 HEP 15946 b number of children of the parties;

SB0069 EngrossedEnrolled - 5 - LRB100 04736 HEP 15946 b (A) As used in this Section, "gross income" means the total of all income from all sources, except "gross income" does not include (i) benefits received by the parent from means-tested public assistance programs, including, but not limited to, Temporary Assistance to Needy Families, Supplemental Security Income, and the Supplemental Nutrition Assistance Program or (ii) benefits and income received by the parent for other children in the household, including, but not limited to, child support, survivor benefits, and foster care payments.

(B) As used in this Section, "net income" means gross income minus either the standardized tax amount calculated pursuant to subparagraph (C) of this paragraph (3) or the individualized tax amount SB0069 EngrossedEnrolled - 6 - LRB100 04736 HEP 15946 b calculated pursuant to subparagraph (D) of this paragraph (3), and minus any adjustments pursuant to subparagraph (F) of this paragraph (3).

SB0069 EngrossedEnrolled - 7 - LRB100 04736 HEP 15946 b (D) As used in this Section, "individualized tax amount" means the aggregate of the following taxes:

Irrespective of whether the parties agree on any other issue before the court, SB0069 EngrossedEnrolled - 8 - LRB100 04736 HEP 15946 b if they jointly stipulate for the record their concurrence on a computation method for the individualized tax amount that is different from the method set forth under subparagraph (D), the stipulated method shall be used by the court unless the court rejects the proposed stipulated method for good cause.

No party, however, is eligible to opt in unless the party, under applicable court rules, has served the other party with the required Supreme Court approved Financial Affidavit (Family & Divorce Cases) and has substantially produced supporting documents required by the applicable court rules statement, affidavit, or other instrument and has also substantially turned over SB0069 EngrossedEnrolled - 9 - LRB100 04736 HEP 15946 b supporting documents to the extent required by the applicable rule at the time of service of the statement, affidavit, or other instrument.

(ii) Multi-family adjustment without court SB0069 EngrossedEnrolled - 10 - LRB100 04736 HEP 15946 b order.

For purposes of calculating child support, net business income from the operation of a SB0069 EngrossedEnrolled - 11 - LRB100 04736 HEP 15946 b business means gross receipts minus ordinary and necessary expenses required to carry on the trade or business.

A determination of potential income shall be made SB0069 EngrossedEnrolled - 12 - LRB100 04736 HEP 15946 b by determining employment potential and probable earnings level based on the obligor's work history, occupational qualifications, prevailing job opportunities, the ownership by a parent of a substantial non-income producing asset, and earnings levels in the community.

There is a rebuttable presumption that a minimum child support obligation of $40 per month, per child, will be entered for an obligor a payor parent who has actual or imputed gross income at or less than 75% of the most recent United States Department of Health and Human Services Federal Poverty Guidelines for a family of one person, with a maximum total child support obligation for that obligor payor of $120 per SB0069 EngrossedEnrolled - 13 - LRB100 04736 HEP 15946 b month to be divided equally among all of the obligor's payor parent's children.

(B) additional expenses incurred for a child SB0069 EngrossedEnrolled - 14 - LRB100 04736 HEP 15946 b subject to the child support order who has special medical, physical, or developmental needs;

The court, in its discretion, in addition to the basic child support obligation, may order either or both parents owing a duty SB0069 EngrossedEnrolled - 15 - LRB100 04736 HEP 15946 b of support to the child to contribute to the reasonable child care expenses of the child.

Child care expenses shall be prorated in proportion to each parent's percentage SB0069 EngrossedEnrolled - 16 - LRB100 04736 HEP 15946 b share of combined parental net income, and may be added to the basic child support obligation if not paid directly by each parent to the provider of child care services.

The party Persons incurring child care SB0069 EngrossedEnrolled - 17 - LRB100 04736 HEP 15946 b expenses shall notify the other party obligor within 14 days of any change in the amount of child care expenses that would affect the annualized child care amount as determined in the support order.

When Split care refers to a SB0069 EngrossedEnrolled - 18 - LRB100 04736 HEP 15946 b situation in which there is more than one child and each parent has physical care of at least one but not all of the children.

The court, in its discretion, in addition to the basic child support obligation, shall SB0069 EngrossedEnrolled - 19 - LRB100 04736 HEP 15946 b also provide for the child's current and future medical needs by ordering either or both parents to initiate health insurance or medical coverage for the child through currently effective health or medical insurance policies held by the parent or parents, purchase one or more either or all of health, or medical, dental, or vision insurance policies for the child, or provide for the child's current and future medical needs through some other manner.

or (II) the parent or non-parent custodian with primary physical responsibility for the child to apply for public health insurance care coverage for the child and require either or both parents SB0069 EngrossedEnrolled - 20 - LRB100 04736 HEP 15946 b the other parent to pay a reasonable amount of the cost of health insurance for the child for medical support.

This amount shall be added to the basic child support obligation and shall be allocated divided between the parents in proportion to their respective net adjusted gross SB0069 EngrossedEnrolled - 21 - LRB100 04736 HEP 15946 b incomes.

(G) A reasonable cost for providing health SB0069 EngrossedEnrolled - 22 - LRB100 04736 HEP 15946 b insurance care coverage for the child or children may not exceed 5% of the providing parent's gross income.

including, but not limited to, student loans (4.5) In a proceeding for child support following dissolution of the marriage or civil union by a court that SB0069 EngrossedEnrolled - 23 - LRB100 04736 HEP 15946 b lacked personal jurisdiction over the absent spouse, and in which the court is requiring payment of support for the period before the date an order for current support is entered, there is a rebuttable presumption that the obligor's supporting party's net income for the prior period was the same as his or her net income at the time the order for current support is entered.

(6) If (i) the obligor supporting parent was properly served with a request for discovery of financial information relating to the obligor's supporting parent's ability to provide child support, (ii) the obligor supporting parent failed to comply with the request, despite having been ordered to do so by the court, and SB0069 EngrossedEnrolled - 24 - LRB100 04736 HEP 15946 b (iii) the obligor supporting parent is not present at the hearing to determine support despite having received proper notice, then any relevant financial information concerning the obligor's supporting parent's ability to provide child support that was obtained pursuant to subpoena and proper notice shall be admitted into evidence without the need to establish any further foundation for its admission.

SB0069 EngrossedEnrolled - 25 - LRB100 04736 HEP 15946 b (2) sentenced to periodic imprisonment for a period not to exceed 6 months;

or (iii) report to the Department of Employment Security for job search services to find employment that will be subject to SB0069 EngrossedEnrolled - 26 - LRB100 04736 HEP 15946 b withholding for child support.

With respect to assets which are real property, no order entered under this paragraph shall affect the rights of bona fide purchasers, mortgagees, judgment creditors, or other lien holders who acquire their interests in the property prior to SB0069 EngrossedEnrolled - 27 - LRB100 04736 HEP 15946 b the time a notice of lis pendens pursuant to the Code of Civil Procedure or a copy of the order is placed of record in the office of the recorder of deeds for the county in which the real property is located.

In addition to the penalties or punishment that may be imposed under this Section, any person whose conduct SB0069 EngrossedEnrolled - 28 - LRB100 04736 HEP 15946 b constitutes a violation of Section 15 of the Non-Support Punishment Act may be prosecuted under that Act, and a person convicted under that Act may be sentenced in accordance with that Act.

SB0069 EngrossedEnrolled - 29 - LRB100 04736 HEP 15946 b (c) A one-time charge of 20% is imposable upon the amount of past-due child support owed on July 1, 1988 which has accrued under a support order entered by the court.

Unless paid in SB0069 EngrossedEnrolled - 30 - LRB100 04736 HEP 15946 b cash or pursuant to an Income Withholding Order/Notice for Support order for withholding, the payment of the fee shall be by payment acceptable to the clerk a separate instrument from the support payment and shall be made to the order of the Clerk.

SB0069 EngrossedEnrolled - 31 - LRB100 04736 HEP 15946 b (g) An order for support shall include a date on which the current support obligation terminates.

The total periodic amount to be paid SB0069 EngrossedEnrolled - 32 - LRB100 04736 HEP 15946 b toward satisfaction of the arrearage or delinquency may be enforced and collected by any method provided by law for enforcement and collection of child support, including but not limited to income withholding under the Income Withholding for Support Act.

Failure to report new employment or the termination of current employment, if coupled with nonpayment of support for a period in excess of 60 days, is indirect criminal SB0069 EngrossedEnrolled - 33 - LRB100 04736 HEP 15946 b contempt.

(a) Except as otherwise provided in paragraph (f) of Section 502 and in subsection (b), clause (3) of Section 505.2, the provisions of any judgment respecting maintenance or SB0069 EngrossedEnrolled - 34 - LRB100 04736 HEP 15946 b support may be modified only as to installments accruing subsequent to due notice by the moving party of the filing of the motion for modification.

The provisions of subparagraph (a)(2)(A) shall apply only in cases in which a party is receiving child support enforcement services from the Department of Healthcare and SB0069 EngrossedEnrolled - 35 - LRB100 04736 HEP 15946 b Family Services under Article X of the Illinois Public Aid Code, and only when at least 36 months have elapsed since the order for child support was entered or last modified.

SB0069 EngrossedEnrolled - 36 - LRB100 04736 HEP 15946 b (7) the increase or decrease in each party's income since the prior judgment or order from which a review, modification, or termination is being sought;

A payor's obligation to pay maintenance or unallocated maintenance terminates by operation SB0069 EngrossedEnrolled - 37 - LRB100 04736 HEP 15946 b of law on the date the recipient remarries or the date the court finds cohabitation began.

An existing obligation to pay for support or educational expenses, or both, is not terminated by SB0069 EngrossedEnrolled - 38 - LRB100 04736 HEP 15946 b the death of a parent.

Modification and termination of provisions for SB0069 EngrossedEnrolled - 39 - LRB100 04736 HEP 15946 b maintenance, support, educational expenses, and property disposition.

In no event shall the eligibility for or receipt of medical assistance be SB0069 EngrossedEnrolled - 40 - LRB100 04736 HEP 15946 b considered to meet the need to provide for the child's health care needs.