SB 3524 — CHILD SUPPORT CHANGES

SB3524 EngrossedEnrolled LRB104 20266 JRC 33717 b AN ACT concerning civil law.

For purposes of this Section, the term "child" shall include any child under age 18 and any child SB3524 EngrossedEnrolled - 2 - LRB104 20266 JRC 33717 b over the age of 18 who has not attained age 19 and is still attending high school.

(D) to calculate child support based upon the parents' combined net income estimated to have been allocated for the support of the child if the parents SB3524 EngrossedEnrolled - 3 - LRB104 20266 JRC 33717 b and child were living in an intact household;

The court shall determine child support in each case by applying the child support guidelines unless the court makes a finding that SB3524 EngrossedEnrolled - 4 - LRB104 20266 JRC 33717 b application of the guidelines would be inappropriate, after considering the best interests of the child and evidence which shows relevant factors including, but not limited to, one or more of the following:

Social security disability and retirement benefits paid for the benefit of the SB3524 EngrossedEnrolled - 5 - LRB104 20266 JRC 33717 b subject child must be included in the disabled or retired parent's gross income for purposes of calculating the parent's child support obligation, but the parent is entitled to a child support credit for the amount of benefits paid to the other party for the child.

"Net income" includes maintenance not includable in the gross taxable income of the payee for federal income tax purposes under a court order in the pending proceedings or any other proceedings and shall be included in the payee's net income for purposes of SB3524 EngrossedEnrolled - 6 - LRB104 20266 JRC 33717 b calculating the parent's child support obligation.

and (III) Social Security or self-employment tax, SB3524 EngrossedEnrolled - 7 - LRB104 20266 JRC 33717 b if applicable (or, if none, mandatory retirement contributions required by law or as a condition of employment) and Medicare tax calculated at the Federal Insurance Contributions Act rate.

SB3524 EngrossedEnrolled - 8 - LRB104 20266 JRC 33717 b (II) Summary hearing.

If a parent is SB3524 EngrossedEnrolled - 9 - LRB104 20266 JRC 33717 b also legally responsible for support of a child not shared with the other parent and not subject to the present proceeding, there shall be an adjustment to net income as follows:

The adjustment shall be calculated using that parent's income SB3524 EngrossedEnrolled - 10 - LRB104 20266 JRC 33717 b alone.

(A) The accelerated component of depreciation and any business expenses determined either judicially or administratively to be inappropriate or excessive shall be excluded from the total of ordinary and SB3524 EngrossedEnrolled - 11 - LRB104 20266 JRC 33717 b necessary business expenses to be deducted in the determination of net business income from gross business income.

SB3524 EngrossedEnrolled - 12 - LRB104 20266 JRC 33717 b (10) criminal records and other employment barriers;

SB3524 EngrossedEnrolled - 13 - LRB104 20266 JRC 33717 b (3.3a) Minimum child support obligation.

Any deviation from the guidelines shall be accompanied by written findings by the SB3524 EngrossedEnrolled - 14 - LRB104 20266 JRC 33717 b court specifying the reasons for the deviation and the presumed amount under the child support guidelines without a deviation.

The court, in its discretion, in addition to the basic child support obligation, may order either or both parents owing a duty of support to the child to contribute to the reasonable school and extracurricular activity expenses SB3524 EngrossedEnrolled - 15 - LRB104 20266 JRC 33717 b incurred which are intended to enhance the educational, athletic, social, or cultural development of the child.

The SB3524 EngrossedEnrolled - 16 - LRB104 20266 JRC 33717 b obligor's and obligee's portion of actual child care expenses shall appear in the support order.

If parents have shared physical care of a child, the court shall calculate the SB3524 EngrossedEnrolled - 17 - LRB104 20266 JRC 33717 b shared care child support obligation.

The SB3524 EngrossedEnrolled - 18 - LRB104 20266 JRC 33717 b respective shared care child support obligations are then offset, with the parent owing more paying the difference in child support.

If each parent exercises 146 or more overnights per year with the child, the basic SB3524 EngrossedEnrolled - 19 - LRB104 20266 JRC 33717 b child support obligation is multiplied by 1.5 to calculate the shared care child support obligation.

then SB3524 EngrossedEnrolled - 20 - LRB104 20266 JRC 33717 b (B) compute the support the other parent would owe to the first parent as if the child in his or her care were the only child of the parties;

(B) The court, in its discretion, may order either or both parents to contribute to the reasonable health SB3524 EngrossedEnrolled - 21 - LRB104 20266 JRC 33717 b care needs of the child not covered by insurance, including, but not limited to, unreimbursed medical, dental, orthodontic, or vision expenses and any prescription medication for the child not covered under the child's health insurance.

SB3524 EngrossedEnrolled - 22 - LRB104 20266 JRC 33717 b (D) The amount to be added to the basic child support obligation shall be the actual amount of the total health insurance premium that is attributable to the child who is the subject of the order.

The obligor's and obligee's SB3524 EngrossedEnrolled - 23 - LRB104 20266 JRC 33717 b portion of health insurance costs shall appear in the support order.

SB3524 EngrossedEnrolled - 24 - LRB104 20266 JRC 33717 b (I) If a parent has been directed to provide health insurance pursuant to this paragraph and that parent's spouse or legally recognized partner provides the insurance for the benefit of the child either directly or through employment, a credit on the child support worksheet shall be given to that parent in the same manner as if the premium were paid by that parent.

However, if the court finds that the child support amount cannot be expressed exclusively as a dollar amount because all or a portion of the obligor's net income is uncertain as to source, time of payment, or amount, the court may order a percentage amount of support in addition to a specific dollar amount and enter such SB3524 EngrossedEnrolled - 25 - LRB104 20266 JRC 33717 b other orders as may be necessary to determine and enforce, on a timely basis, the applicable support ordered.

The court shall be apprised through evidence, stipulation, or otherwise as to the level, ownership, and type of existing life insurance SB3524 EngrossedEnrolled - 26 - LRB104 20266 JRC 33717 b death benefit coverage available to one or both parents, the cost of the premiums, cost ratings, and escalations and assignment of the policy, if applicable, and all other relevant circumstances.

(a-5) In an action to enforce an order for child support SB3524 EngrossedEnrolled - 27 - LRB104 20266 JRC 33717 b based on the obligor's failure to make support payments as required by the order, notice of proceedings to hold the obligor in contempt for that failure may be served on the obligor by personal service or by regular mail addressed to the last known address of the obligor.

The court may further order any part or all of the earnings of a parent during a sentence of periodic imprisonment paid to the Clerk of the Circuit Court or to the parent having physical possession of the child or to the non-parent custodian having SB3524 EngrossedEnrolled - 28 - LRB104 20266 JRC 33717 b custody of the child of the sentenced parent for the support of the child until further order of the court.

SB3524 EngrossedEnrolled - 29 - LRB104 20266 JRC 33717 b (2) the obligor and the person, persons, or business entity fail to maintain an arm's length relationship between themselves with regard to any assets.

The Clerk of the Circuit Court shall certify the order suspending the driving privileges of the parent or granting the issuance of a SB3524 EngrossedEnrolled - 30 - LRB104 20266 JRC 33717 b family financial responsibility driving permit to the Secretary of State on forms prescribed by the Secretary of State.

A support obligation, or any portion of a support obligation, which becomes due and remains unpaid as of the end of each month, excluding the child support that was due for that month to the extent that it was not paid in that month, shall accrue simple interest as set forth in Section 12-109 of SB3524 EngrossedEnrolled - 31 - LRB104 20266 JRC 33717 b the Code of Civil Procedure.

Each such judgment shall have the full force, effect and attributes of any other judgment of this State, including the SB3524 EngrossedEnrolled - 32 - LRB104 20266 JRC 33717 b ability to be enforced.

(f) All orders for support, when entered or modified, shall include a provision requiring the obligor to notify the court and, in cases in which a party is receiving child and spouse services under Article X of the Illinois Public Aid Code, the Department of Healthcare and Family Services, within 7 days, (i) of the name and address of any new employer of the obligor, (ii) whether the obligor has access to health SB3524 EngrossedEnrolled - 33 - LRB104 20266 JRC 33717 b insurance coverage through the employer or other group coverage and, if so, the policy name and number and the names of persons covered under the policy, except only the initials of any covered minors shall be included, and (iii) of any new residential or mailing address or telephone number of the obligor.

SB3524 EngrossedEnrolled - 34 - LRB104 20266 JRC 33717 b (g-5) If there is an unpaid arrearage or delinquency (as those terms are defined in the Income Withholding for Support Act) equal to at least one month's support obligation on the termination date stated in the order for support or, if there is no termination date stated in the order, on the date the child attains the age of majority or is otherwise emancipated, the periodic amount required to be paid for current support of that child immediately prior to that date shall automatically continue to be an obligation, not as current support but as periodic payment toward satisfaction of the unpaid arrearage or delinquency.

This subsection shall not be construed to prevent or affect the establishment or modification of an order for support of a minor child or the SB3524 EngrossedEnrolled - 35 - LRB104 20266 JRC 33717 b establishment or modification of an order for support of a non-minor child or educational expenses under Section 513 of this Act.

(i) The court does not lose the powers of contempt, SB3524 EngrossedEnrolled - 36 - LRB104 20266 JRC 33717 b driver's license suspension, or other child support enforcement mechanisms, including, but not limited to, criminal prosecution as set forth in this Act, upon the emancipation of the minor child.

The parties may expressly specify in the agreement incorporated into a court order or the court may expressly SB3524 EngrossedEnrolled - 37 - LRB104 20266 JRC 33717 b specify in the order that the occurrence of a specific future event is contemplated and will not constitute a substantial change in circumstances to warrant modification of the order;

A parent released from incarceration after more than 180 SB3524 EngrossedEnrolled - 38 - LRB104 20266 JRC 33717 b days is presumed to be able to pay the amount set forth in paragraph (3.3a) of subsection (a) of Section 505, following the expiration of 90 days after the date the parent is released from incarceration.

(i) the Department of Healthcare and Family SB3524 EngrossedEnrolled - 39 - LRB104 20266 JRC 33717 b Services, or any other party, files with the circuit court clerk a notice of incarceration and provides notice under the Illinois Code of Civil Procedure to all parties;

(E) A child support order reduced to $0.00 under this Section shall be modified by operation of law to the amount set forth in paragraph (3.3a) of subsection (a) of Section 505 following the expiration of 90 days SB3524 EngrossedEnrolled - 40 - LRB104 20266 JRC 33717 b after the date the parent is released from incarceration.