SB 2690 — CHILD SUPPORT-UNPAID ARREARAGE

SB2690 EnrolledRe-Enrolled LRB093 16882 DRJ 42539 b AN ACT concerning child support.

All orders for support entered or modified in a case in SB2690 EnrolledRe-Enrolled - 2 - LRB093 16882 DRJ 42539 b which a party is receiving child support enforcement services under this Article X shall include a provision requiring the non-custodial parent to notify the Illinois Department, within 7 days, (i) of the name, address, and telephone number of any new employer of the non-custodial parent, (ii) whether the non-custodial parent has access to health 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, and (iii) of any new residential or mailing address or telephone number of the non-custodial parent.

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 SB2690 EnrolledRe-Enrolled - 3 - LRB093 16882 DRJ 42539 b is no termination date stated in the order, on the date the child attains the age of majority or is otherwise emancipated, then 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.

Except where the Illinois Department, by agreement, acts for the local governmental unit, as provided in Section 10-3.1, local governmental units shall refer to the State’s Attorney or to the proper legal representative of the governmental unit, for SB2690 EnrolledRe-Enrolled - 4 - LRB093 16882 DRJ 42539 b judicial enforcement as herein provided, instances of non-support or insufficient support when the dependents are applicants or recipients under Article VI.

The Court shall determine the amount of child support (including child support for a period before the date the order SB2690 EnrolledRe-Enrolled - 5 - LRB093 16882 DRJ 42539 b for child support is entered) by using the guidelines and standards set forth in subsection (a) of Section 505 and in Section 505.2 of the Illinois Marriage and Dissolution of Marriage Act.

An order entered under this Section shall also include a provision requiring the obligor and obligee parents to advise each other of a change in SB2690 EnrolledRe-Enrolled - 6 - LRB093 16882 DRJ 42539 b residence within 5 days of the change except when the court finds that the physical, mental, or emotional health of a party or that of a minor child, or both, would be seriously endangered by disclosure of the party’s address.

Orders for the support of all other applicants or recipients shall provide that payments thereunder be made SB2690 EnrolledRe-Enrolled - 7 - LRB093 16882 DRJ 42539 b directly to the Illinois Department.

If the Illinois Department, as authorized by Section 10-1, extends the child support enforcement services provided by this Article to spouses and dependent children who are not applicants or recipients under this Code, the Child and Spouse Support Unit established by Section 10-3.1 shall bring action against the responsible relatives hereunder and any support orders entered by the court in such cases shall provide that payments thereunder be made directly to the Illinois SB2690 EnrolledRe-Enrolled - 8 - LRB093 16882 DRJ 42539 b Department.

The charge shall be SB2690 EnrolledRe-Enrolled - 9 - LRB093 16882 DRJ 42539 b imposed in accordance with the provisions of Section 10-21 of this Code and shall be enforced by the court upon petition.

If there is an unpaid arrearage or delinquency (as those terms are defined in the Income Withholding for Support Act) SB2690 EnrolledRe-Enrolled - 10 - LRB093 16882 DRJ 42539 b 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, then 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.

Upon notification in writing or by electronic transmission from the Illinois Department to the clerk of the court that a person who is receiving support payments under this Section is receiving services under the Child Support Enforcement Program established by Title IV-D of the Social Security Act, any support payments subsequently received by the clerk of the court shall be transmitted in accordance with the instructions of the Illinois Department until the Illinois Department gives SB2690 EnrolledRe-Enrolled - 11 - LRB093 16882 DRJ 42539 b notice to the clerk of the court to cease the transmittal.

The administrative order shall SB2690 EnrolledRe-Enrolled - 12 - LRB093 16882 DRJ 42539 b be served upon the responsible relative by United States registered or certified mail.

A lien arises by operation of law against the real and personal property of the noncustodial parent for each installment of SB2690 EnrolledRe-Enrolled - 13 - LRB093 16882 DRJ 42539 b overdue support owed by the noncustodial parent.

This paragraph shall not be construed to prevent or affect the establishment or modification of an order for the SB2690 EnrolledRe-Enrolled - 14 - LRB093 16882 DRJ 42539 b support of a minor child or the establishment or modification of an order for the support of a non-minor child or educational expenses under Section 513 of the Illinois Marriage and Dissolution of Marriage Act.

However, if the child will not graduate from high school until after attaining the age of 18, then the termination date shall be no earlier than the earlier of the date that the child’s graduation will occur or the date SB2690 EnrolledRe-Enrolled - 15 - LRB093 16882 DRJ 42539 b on which the child will attain the age of 19.

Number of Children Percent of Supporting Party’s Net Income 1 20% 2 28% SB2690 EnrolledRe-Enrolled - 16 - LRB093 16882 DRJ 42539 b 3 32% 4 40% 5 45% 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:

SB2690 EnrolledRe-Enrolled - 17 - LRB093 16882 DRJ 42539 b (g) Prior obligations of support or maintenance actually paid pursuant to a court order;

However, if the court finds that the SB2690 EnrolledRe-Enrolled - 18 - LRB093 16882 DRJ 42539 b 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.

SB2690 EnrolledRe-Enrolled - 19 - LRB093 16882 DRJ 42539 b (2) sentenced to periodic imprisonment for a period not to exceed 6 months;

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 SB2690 EnrolledRe-Enrolled - 20 - LRB093 16882 DRJ 42539 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.

SB2690 EnrolledRe-Enrolled - 21 - LRB093 16882 DRJ 42539 b A support obligation, or any portion of a support obligation, which becomes due and remains unpaid for 30 days or more shall accrue simple interest at the rate of 9% per annum.

Unless paid in cash or pursuant to an order for withholding, the payment of the fee shall be by a SB2690 EnrolledRe-Enrolled - 22 - LRB093 16882 DRJ 42539 b separate instrument from the support payment and shall be made to the order of the Clerk.

(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 SB2690 EnrolledRe-Enrolled - 23 - LRB093 16882 DRJ 42539 b 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.

For any obligor arrested for SB2690 EnrolledRe-Enrolled - 24 - LRB093 16882 DRJ 42539 b failure to report new employment bond shall be set in the amount of the child support that should have been paid during the period of unreported employment.

or (2) before trial with the consent of the defendant, or at the trial on entry of a plea of guilty, or after conviction, instead of imposing the penalty provided in SB2690 EnrolledRe-Enrolled - 25 - LRB093 16882 DRJ 42539 b this Act, or in addition thereto, the court may enter an order for support, subject to modification by the court from time to time as circumstances may require, directing the defendant to pay a certain sum for maintenance of the spouse, or for support of the child or children, or both.

Each judgment shall have the full SB2690 EnrolledRe-Enrolled - 26 - LRB093 16882 DRJ 42539 b force, effect, and attributes of any other judgment of this State, including the ability to be enforced.

(g) An order for support entered or modified in a case in which a party is receiving child support enforcement services under Article X of the Illinois Public Aid Code shall include a provision requiring the noncustodial parent to notify the Illinois Department of Public Aid, within 7 days, of the name and address of any new employer of the noncustodial parent, whether the noncustodial parent has access to health insurance coverage through the employer or other group coverage and, if so, the policy name and number and the names of persons covered SB2690 EnrolledRe-Enrolled - 27 - LRB093 16882 DRJ 42539 b under the policy.

The total periodic amount to be paid toward satisfaction of the arrearage or delinquency may be SB2690 EnrolledRe-Enrolled - 28 - LRB093 16882 DRJ 42539 b 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.

(a) When current support terminates on the date stated in SB2690 EnrolledRe-Enrolled - 29 - LRB093 16882 DRJ 42539 b the order for support, or because the child attains the age of majority or is otherwise emancipated, and the amount previously required to be paid for current support of that child automatically continues as an obligation for periodic payment toward satisfaction of unpaid arrearage or delinquency as provided for by law, the obligee or public office may prepare and serve upon the obligor’s payor an income withholding notice that:

or SB2690 EnrolledRe-Enrolled - 30 - LRB093 16882 DRJ 42539 b (3) the identity of the obligor.

All orders for support, when entered or modified, shall include a provision requiring the non-custodial parent to SB2690 EnrolledRe-Enrolled - 31 - LRB093 16882 DRJ 42539 b notify the court, and in cases in which a party is receiving child support enforcement services under Article X of the Illinois Public Aid Code, the Illinois Department of Public Aid, within 7 days, (i) of the name, address, and telephone number of any new employer of the non-custodial parent, (ii) whether the non-custodial parent has access to health 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, and (iii) of any new residential or mailing address or telephone number of the non-custodial parent.

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, then 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 SB2690 EnrolledRe-Enrolled - 32 - LRB093 16882 DRJ 42539 b unpaid arrearage or delinquency.

In determining custody, joint custody, removal, or visitation, the court shall apply the relevant standards of the Illinois Marriage and Dissolution of Marriage Act, SB2690 EnrolledRe-Enrolled - 33 - LRB093 16882 DRJ 42539 b including Section 609.

In determining SB2690 EnrolledRe-Enrolled - 34 - LRB093 16882 DRJ 42539 b whether and the extent to which the payments shall be made for any prior period, the court shall consider all relevant facts, including the factors for determining the amount of support specified in the Illinois Marriage and Dissolution of Marriage Act and other equitable factors including but not limited to:

(c) Any new or existing support order entered by the court SB2690 EnrolledRe-Enrolled - 35 - LRB093 16882 DRJ 42539 b under this Section shall be deemed to be a series of judgments against the person obligated to pay support thereunder, each judgment to be in the amount of each payment or installment of support and each such judgment to be deemed entered as of the date the corresponding payment or installment becomes due under the terms of the support order.

(h) All orders for support, when entered or modified, shall include a provision requiring the non-custodial parent to notify the court and, in cases in which party is receiving child support enforcement services under Article X of the Illinois Public Aid Code, the Illinois Department of Public SB2690 EnrolledRe-Enrolled - 36 - LRB093 16882 DRJ 42539 b Aid, within 7 days, (i) of the name and address of any new employer of the non-custodial parent, (ii) whether the non-custodial parent has access to health 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, and (iii) of any new residential or mailing address or telephone number of the non-custodial parent.

(i-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 SB2690 EnrolledRe-Enrolled - 37 - LRB093 16882 DRJ 42539 b periodic payment toward satisfaction of the unpaid arrearage or delinquency.

An order entered under this Section shall also include a provision requiring the obligor and obligee parents to advise each other of a change in residence within 5 days of the change except when the court SB2690 EnrolledRe-Enrolled - 38 - LRB093 16882 DRJ 42539 b finds that the physical, mental, or emotional health of a party or that of a minor child, or both, would be seriously endangered by disclosure of the party’s address.

This Act takes effect on JulyJanuary 1, 2004.2005.