Illinois 93rd Regular Session Status: Enacted

HB 2863 — MARRIAGE ACT-CHILD SUPPORT

Last action — Public Act . . . . . . . . . 93-0148

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 21, 2003. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    0 primary, 3 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Illinois Marriage and Dissolution of Marriage Act. Raises the minimum amount support percentage of the supporting party's net income to 28% for 2 children (from 25%). Effective immediately.

Bill Text

What changed in the latest version

19 added · 19 removed

Plain-language change summary

The recent changes to Bill HB 2863 involve the complete removal of certain lines from the text of the bill and the addition of new lines that replace them. This update matters because it likely signifies a revision of content, which could clarify or improve the legal language of the bill, thereby enhancing its effectiveness or the intent behind it. Overall, these adjustments may reflect a response to feedback or concerns raised during the legislative process.

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Latest
HB2863 Engrossed LRB093 09952 LCB 10203 b AN ACT concerning child support.
HB2863 Enrolled LRB093 09952 LCB 10203 b AN ACT concerning child support.
Number of Children Percent of Supporting Party's Net Income 1 20% 2 ___--%- 3 32% 4 40% 5 45% HB2863 Engrossed -2- LRB093 09952 LCB 10203 b 6 or more 50% (2) The above guidelines shall be applied in each case unless the court makes a finding that application of the guidelines would be inappropriate, after considering the best interests of the child in light of evidence including but not limited to one or more of the following relevant factors:
Number of Children Percent of Supporting Party's Net Income 1 20% 2 ___--%- 3 32% 4 40% 5 45% HB2863 Enrolled -2- LRB093 09952 LCB 10203 b 6 or more 50% (2) The above guidelines shall be applied in each case unless the court makes a finding that application of the guidelines would be inappropriate, after considering the best interests of the child in light of evidence including but not limited to one or more of the following relevant factors:
HB2863 Engrossed -3- LRB093 09952 LCB 10203 b (g) Prior obligations of support or maintenance actually paid pursuant to a court order;
HB2863 Enrolled -3- LRB093 09952 LCB 10203 b (g) Prior obligations of support or maintenance actually paid pursuant to a court order;
(5) If the net income cannot be determined because of default or any other reason, the court shall order support in an amount considered reasonable in the HB2863 Engrossed -4- LRB093 09952 LCB 10203 b particular case.
(5) If the net income cannot be determined because of default or any other reason, the court shall order support in an amount considered reasonable in the HB2863 Enrolled -4- LRB093 09952 LCB 10203 b particular case.
(b) Failure of either parent to comply with an order to pay support shall be punishable as in other cases of HB2863 Engrossed -5- LRB093 09952 LCB 10203 b contempt.
(b) Failure of either parent to comply with an order to pay support shall be punishable as in other cases of HB2863 Enrolled -5- LRB093 09952 LCB 10203 b contempt.
(2) the non-custodial parent and the person, persons, or business entity fail to maintain an arms length relationship between themselves with regard to any HB2863 Engrossed -6- LRB093 09952 LCB 10203 b assets.
(2) the non-custodial parent and the person, persons, or business entity fail to maintain an arms length relationship between themselves with regard to any HB2863 Enrolled -6- LRB093 09952 LCB 10203 b assets.
In addition to the penalties or punishment that may be imposed under this Section, any person whose conduct HB2863 Engrossed -7- LRB093 09952 LCB 10203 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.
In addition to the penalties or punishment that may be imposed under this Section, any person whose conduct HB2863 Enrolled -7- LRB093 09952 LCB 10203 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.
(d) Any new or existing support order entered by the court under this Section shall be deemed to be a series of judgments against the person obligated to pay support thereunder, each such judgment to be in the amount of each payment or installment of support and each such judgment to HB2863 Engrossed -8- LRB093 09952 LCB 10203 b be deemed entered as of the date the corresponding payment or installment becomes due under the terms of the support order.
(d) Any new or existing support order entered by the court under this Section shall be deemed to be a series of judgments against the person obligated to pay support thereunder, each such judgment to be in the amount of each payment or installment of support and each such judgment to HB2863 Enrolled -8- LRB093 09952 LCB 10203 b be deemed entered as of the date the corresponding payment or installment becomes due under the terms of the support order.
In any subsequent action to enforce a support order, upon a sufficient showing that a diligent effort has been made to ascertain the location of the non-custodial parent, service of process or provision of notice necessary in the case may be made at the last known address of the non-custodial parent in any manner expressly HB2863 Engrossed -9- LRB093 09952 LCB 10203 b provided by the Code of Civil Procedure or this Act, which service shall be sufficient for purposes of due process.
In any subsequent action to enforce a support order, upon a sufficient showing that a diligent effort has been made to ascertain the location of the non-custodial parent, service of process or provision of notice necessary in the case may be made at the last known address of the non-custodial parent in any manner expressly HB2863 Enrolled -9- LRB093 09952 LCB 10203 b provided by the Code of Civil Procedure or this Act, which service shall be sufficient for purposes of due process.
(i) The court does not lose the powers of contempt, 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 HB2863 Engrossed -10- LRB093 09952 LCB 10203 b emancipation of the minor child or children.
(i) The court does not lose the powers of contempt, 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 HB2863 Enrolled -10- LRB093 09952 LCB 10203 b emancipation of the minor child or children.
Number of Children Percent of Supporting Party's Net Income 1 20% 2 ___--%- 3 32% 4 40% 5 45% 6 or more 50% (2) The above guidelines shall be applied in each HB2863 Engrossed -11- LRB093 09952 LCB 10203 b case unless the court makes a finding that application of the guidelines would be inappropriate, after considering the best interests of the child in light of evidence including but not limited to one or more of the following relevant factors:
Number of Children Percent of Supporting Party's Net Income 1 20% 2 ___--%- 3 32% 4 40% 5 45% 6 or more 50% (2) The above guidelines shall be applied in each HB2863 Enrolled -11- LRB093 09952 LCB 10203 b case unless the court makes a finding that application of the guidelines would be inappropriate, after considering the best interests of the child in light of evidence including but not limited to one or more of the following relevant factors:
HB2863 Engrossed -12- LRB093 09952 LCB 10203 b (h) Expenditures for repayment of debts that represent reasonable and necessary expenses for the production of income, medical expenditures necessary to preserve life or health, reasonable expenditures for the benefit of the child and the other parent, exclusive of gifts.
HB2863 Enrolled -12- LRB093 09952 LCB 10203 b (h) Expenditures for repayment of debts that represent reasonable and necessary expenses for the production of income, medical expenditures necessary to preserve life or health, reasonable expenditures for the benefit of the child and the other parent, exclusive of gifts.
However, if HB2863 Engrossed -13- LRB093 09952 LCB 10203 b the court finds that the child support amount cannot be expressed exclusively as a dollar amount because all or a portion of the payor'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 other orders as may be necessary to determine and enforce, on a timely basis, the applicable support ordered.
However, if HB2863 Enrolled -13- LRB093 09952 LCB 10203 b the court finds that the child support amount cannot be expressed exclusively as a dollar amount because all or a portion of the payor'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 other orders as may be necessary to determine and enforce, on a timely basis, the applicable support ordered.
In addition to other penalties provided by law the Court may, after finding the parent guilty of contempt, order HB2863 Engrossed -14- LRB093 09952 LCB 10203 b that the parent be:
In addition to other penalties provided by law the Court may, after finding the parent guilty of contempt, order HB2863 Enrolled -14- LRB093 09952 LCB 10203 b that the parent be:
(3) the non-custodial parent transfers assets to HB2863 Engrossed -15- LRB093 09952 LCB 10203 b the person, persons, or business entity with the intent to perpetrate a fraud on the custodial parent.
(3) the non-custodial parent transfers assets to HB2863 Enrolled -15- LRB093 09952 LCB 10203 b the person, persons, or business entity with the intent to perpetrate a fraud on the custodial parent.
In addition to the penalties or punishment that may be imposed under this Section, any person whose conduct constitutes a violation of Section 15 of the Non-Support Punishment Act may be prosecuted under that Act, and a person HB2863 Engrossed -16- LRB093 09952 LCB 10203 b convicted under that Act may be sentenced in accordance with that Act.
In addition to the penalties or punishment that may be imposed under this Section, any person whose conduct constitutes a violation of Section 15 of the Non-Support Punishment Act may be prosecuted under that Act, and a person HB2863 Enrolled -16- LRB093 09952 LCB 10203 b convicted under that Act may be sentenced in accordance with that Act.
HB2863 Engrossed -17- LRB093 09952 LCB 10203 b Each such judgment shall have the full force, effect and attributes of any other judgment of this State, including the ability to be enforced.
HB2863 Enrolled -17- LRB093 09952 LCB 10203 b Each such judgment shall have the full force, effect and attributes of any other judgment of this State, including the ability to be enforced.
HB2863 Engrossed -18- LRB093 09952 LCB 10203 b (g) An order for support shall include a date on which the current support obligation terminates.
HB2863 Enrolled -18- LRB093 09952 LCB 10203 b (g) An order for support shall include a date on which the current support obligation terminates.
HB2863 Engrossed -19- LRB093 09952 LCB 10203 b (i) The court does not lose the powers of contempt, 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 or children.
HB2863 Enrolled -19- LRB093 09952 LCB 10203 b (i) The court does not lose the powers of contempt, 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 or children.
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Action History

  1. Public Act . . . . . . . . . 93-0148

  2. Effective Date July 10, 2003

  3. Governor Approved

  4. Sent to the Governor

  5. Added as Alternate Co-Sponsor Sen. William R. Haine

  6. Passed Both Houses

  7. Third Reading - Passed; 056-000-000

  8. Added as Alternate Co-Sponsor Sen. Edward D. Maloney

  9. Placed on Calendar Order of 3rd Reading May 7, 2003

  10. Second Reading

  11. Placed on Calendar Order of 2nd Reading May 6, 2003

  12. Do Pass Judiciary; 010-000-000

  13. Assigned to Judiciary

  14. Referred to Rules

  15. First Reading

  16. Chief Senate Sponsor Sen. M. Maggie Crotty

  17. Placed on Calendar Order of First Reading March 27, 2003

  18. Arrive in Senate

  19. Third Reading - Short Debate - Passed 106-007-001

  20. Added Chief Co-Sponsor Rep. Kevin Joyce

  21. Added Co-Sponsor Rep. Mary K. O'Brien

  22. Added Co-Sponsor Rep. Jack D. Franks

  23. Added Co-Sponsor Rep. Kurt M. Granberg

  24. Added Co-Sponsor Rep. Lou Lang

  25. Added Co-Sponsor Rep. Richard T. Bradley

  26. Added Co-Sponsor Rep. Jack McGuire

  27. Added Co-Sponsor Rep. Robin Kelly

  28. Added Co-Sponsor Rep. Michael K. Smith

  29. Added Co-Sponsor Rep. Thomas Holbrook

  30. Added Co-Sponsor Rep. Dan Reitz

  31. Added Co-Sponsor Rep. Jay C. Hoffman

  32. Added Co-Sponsor Rep. James D. Brosnahan

  33. Added Co-Sponsor Rep. Karen A. Yarbrough

  34. Added Co-Sponsor Rep. Elaine Nekritz

  35. Added Co-Sponsor Rep. Cynthia Soto

  36. Placed on Calendar Order of 3rd Reading - Short Debate

  37. Second Reading - Short Debate

  38. Placed on Calendar 2nd Reading - Short Debate

  39. Do Pass / Short Debate Judiciary I - Civil Law Committee; 018-000-000

  40. Assigned to Judiciary I - Civil Law Committee

  41. Referred to Rules Committee

  42. First Reading

  43. Chief Co-Sponsor Rep. Julie Hamos

  44. Chief Co-Sponsor Rep. James D. Brosnahan

  45. Chief Co-Sponsor Rep. Eileen Lyons

  46. Chief Co-Sponsor Rep. Patricia R. Bellock

  47. Filed with the Clerk by Rep. Kevin A. McCarthy

Sponsors

  • Kevin A. McCarthy · Cosponsor
  • Edward D. Maloney · Cosponsor
  • William R. Haine · Cosponsor

Sponsorship breakdown

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0 sponsors · 3 co-sponsors · 180 not signed on

Sponsors (0)

None.

Co-sponsors (3)

  • Kevin A. McCarthy
  • Edward D. Maloney
  • William R. Haine

Not signed on (180)

180 members have not signed on to this bill.

Show all 180 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 48003
Democrat 7000
Republican 1000
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Shadid — Yea
Sieben — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Dillard — Yea
Geo-Karis — Yea
Halvorson — Yea
Link — Yea
Luechtefeld — Yea
Obama — Yea
Peterson — Yea
Radogno — Yea
Sullivan, D. — Yea
Brady — Yea
Sullivan, J. — Yea
Petka — Yea
Silverstein — Yea
Soden — Yea
Trotter — Yea
Jacobs — Yea
Jones, J. — Yea
Viverito — Yea
Jones, W. — Yea
Cullerton — Yea
Demuzio — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
DeLeo — Yea
Haine — Yea
Hendon — Yea
Winkel — Yea
Wojcik — Yea
Lauzen — Not Voting
Munoz — Not Voting
Watson — Not Voting
Meeks — Yea
Schoenberg — Yea
Garrett — Yea
Woolard — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 106 Yea · 7 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 94705
Democrat 9000
Republican 3000
Total 106705
% of votes cast 90%6%0%4%
How each member voted (118)
Member Party Vote
Saviano — Yea
Schmitz — Yea
Scully — Yea
Slone — Yea
Sommer — Yea
Yarbrough — Yea
Lindner — Yea
Acevedo — Yea
Aguilar — Yea
Bassi — Yea
Mathias — Yea
Beaubien — Yea
Bellock — Not Voting
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Nay
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Brunsvold — Not Voting
Molaro — Yea
Munson — Yea
Hassert — Yea
Holbrook — Yea
Jakobsson — Yea
Jefferson — Yea
Novak — Yea
Osterman — Yea
Pankau — Yea
Lang — Yea
Leitch — Yea
Bailey — Yea
Lyons, Eileen — Yea
McAuliffe — Yea
McCarthy — Yea
Lyons, Joseph — Yea
Mendoza — Yea
Meyer — Yea
Reitz — Yea
Millner — Yea
Parke — Yea
Phelps — Yea
Poe — Yea
Soto — Yea
McGuire — Yea
Bradley, Richard — Yea
Brady — Yea
Hannig — Yea
Mitchell, Bill — Yea
Burke — Yea
Mitchell, Jerry — Yea
Sullivan — Yea
Capparelli — Yea
Dunkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Forby — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Graham — Yea
Granberg — Yea
Hamos — Yea
Hartke — Yea
Krause — Yea
Kurtz — Yea
Howard — Yea
Madigan — Yea
McKeon — Not Voting
Moffitt — Nay
Watson — Yea
Morrow — Yea
Jones — Yea
Mulligan — Yea
Myers — Yea
Nekritz — Yea
Davis, Monique — Yea
Davis, Steve — Yea
O'Brien — Yea
Osmond — Yea
Pihos — Not Voting
Tenhouse — Nay
Turner — Yea
Wait — Yea
Washington — Yea
Winters — Nay
Wirsing — Nay
Churchill — Nay
Colvin — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
Daniels — Yea
Dunn — Not Voting
Hultgren — Yea
Kosel — Yea
Younge — Yea
Ryg — Yea
Sacia — Nay
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Subjects

civil-rights labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 2863 do?
Amends the Illinois Marriage and Dissolution of Marriage Act. Raises the minimum amount support percentage of the supporting party's net income to 28% for 2 children (from 25%). Effective immediately.
Who sponsors HB 2863?
HB 2863 is sponsored by Kevin A. McCarthy, Edward D. Maloney, and William R. Haine.
What is the current status of HB 2863?
This bill has been enacted into law. Introduced February 21, 2003. Enacted.
Where can I track HB 2863?
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