HB 2150 — CIVIL LAW-TECH

When an order is entered for the support of a minor, the court may provide therein for reasonable visitation of the minor by the person or persons who provided support pursuant to the order.

Whoever willfully refuses to comply with such visitation order or willfully interferes with its enforcement may be declared in contempt of court and punished therefor.

Except where the local governmental unit has entered into an agreement with the Illinois Department for the Child and Spouse Support Unit to act for it, as provided in Section 10-3.1, support orders entered by the court in cases involving applicants or recipients under Article VI shall provide that payments thereunder be made directly to the local governmental unit.

Orders for the support of all other applicants or recipients shall provide that payments thereunder be made directly to the Illinois Department.

In accordance with federal law and regulations, the Illinois Department may continue to collect current maintenance payments or child support payments, or both, after those persons cease to receive public assistance and until termination of services under Article X.

The Illinois Department shall pay the net amount collected to those persons after deducting any costs incurred in making the collection or any collection fee from the amount of any recovery made.

In both cases the order shall permit the local governmental unit or the Illinois Department, as the case may be, to direct the responsible relative or relatives to make support payments directly to the needy person, or to some person or agency in his behalf, upon removal of the person from the public aid rolls or upon termination of services under Article X.

If the notice of support due issued pursuant to Section 10-7 directs that support payments be made directly to the needy person, or to some person or agency in his behalf, and the recipient is removed from the public aid rolls, court action may be taken against the responsible relative hereunder HB2150 Engrossed - 5 - LRB094 03005 LCB 33006 b if he fails to furnish support in accordance with the terms of such notice.

Actions may also be brought under this Section in behalf of any person who is in need of support from responsible relatives, as defined in Section 2-11 of Article II who is not an applicant for or recipient of financial aid under this Code.

In such instances, the State’s Attorney of the county in which such person resides shall bring action against the responsible relatives hereunder.

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 Department.

Whenever it is determined in a proceeding to establish or enforce a child support or maintenance obligation that the person owing a duty of support is unemployed, the court shall, unless the court makes specific findings about the person based upon clear and convincing evidence and determines that the person is incapable of gainful employment because of a physical or a mental condition, or a combination of conditions, may order the person to seek employment and report periodically to the court with a diary, listing or other memorandum of his or her efforts in accordance with such order.

Additionally, the court may order the unemployed person to report to the Department of Employment Security for job search services or to make application with the local Job Training Partnership Act provider or an Illinois Employment and Training Center for participation in job search, training or work programs and where the duty of support is owed to a child receiving child support enforcement services under this Article X, the court may order the unemployed person to report to the Illinois Department for participation in job search, training or work HB2150 Engrossed - 6 - LRB094 03005 LCB 33006 b programs established under Section 9-6 and Article IXA of this Code.

Whenever it is determined that a person owes past-due support for a child receiving assistance under this Code, the court shall order at the request of the Illinois Department:

(1) that the person pay the past-due support in accordance with a plan approved by the court;

or (2) if the person owing past-due support is unemployed, is subject to such a plan, and is not incapacitated, that the person participate in such job search, training, or work programs established under Section 9-6 and Article IXA of this Code as the court deems appropriate.

A determination under this Section shall not be administratively reviewable by the procedures specified in Sections 10-12, and 10-13 to 10-13.10.

Any determination under these Sections, if made the basis of court action under this Section, shall not affect the de novo judicial determination required under this Section.

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.

The charge shall be imposed in accordance with the provisions of Section 10-21 of this Code and shall be enforced by the court upon petition.

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 a party is receiving child support enforcement services under this Article X, 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.

In any subsequent action to enforce a support order, upon a sufficient showing that a diligent effort HB2150 Engrossed - 7 - LRB094 03005 LCB 33006 b 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 provided by the Code of Civil Procedure or this Code, which service shall be sufficient for purposes of due process.

An order for support shall include a date on which the current support obligation terminates.

The termination date shall be no earlier than the date on which the child covered by the order will attain the age of 18.

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 on which the child’s high school graduation will occur or the date on which the child will attain the age of 19.

The order for support shall state that the termination date does not apply to any arrearage that may remain unpaid on that date.

Nothing in this paragraph shall be construed to prevent the court from modifying the order or terminating the order in the event the child is otherwise emancipated.

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 unpaid arrearage or delinquency.

That periodic payment shall be in addition to any periodic payment previously required for satisfaction of the arrearage or delinquency.

The total periodic amount to be paid toward satisfaction of the arrearage or delinquency may be enforced and collected by any method provided by law for the enforcement and collection of child support, including but not limited to income withholding under HB2150 Engrossed - 8 - LRB094 03005 LCB 33006 b the Income Withholding for Support Act.

Each order for support entered or modified on or after the effective date of this amendatory Act of the 93rd General Assembly must contain a statement notifying the parties of the requirements of this paragraph.

Failure to include the statement in the order for support does not affect the validity of the order or the operation of the provisions of this paragraph with regard to the order.

This paragraph shall not be construed to prevent or affect the establishment or modification of an order for the 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.

Payments under this Section to the Illinois Department pursuant to the Child Support Enforcement Program established by Title IV-D of the Social Security Act shall be paid into the Child Support Enforcement Trust Fund.

All payments under this Section to the Illinois Department of Human Services shall be deposited in the DHS Recoveries Trust Fund.

Disbursements from these funds shall be as provided in Sections 12-9.1 and 12-10.2 of this Code.

Payments received by a local governmental unit shall be deposited in that unit’s General Assistance Fund.

To the extent the provisions of this Section are inconsistent with the requirements pertaining to the State Disbursement Unit under Sections 10-10.4 and 10-26 of this Code, the requirements pertaining to the State Disbursement Unit shall apply.

82-280.)93-1061, eff.

1-1-05;

94-88, eff.

1-1-06;

revised 8-9-05.) Section 5.

The Illinois Marriage and Dissolution of Marriage Act is amended by changing Section 505.1 as follows:

(750 ILCS 5/505.1) (from Ch.

40, par.

505.1) Sec.

505.1.

(a) Whenever it is determined in a proceeding to establish or enforce a child support or maintenance HB2150 Engrossed - 9 - LRB094 03005 LCB 33006 b obligation that the person owing a duty of support is unemployed, the court shall, unless the court makes specific findings about the person based upon clear and convincing evidence and determines that the person is incapable of gainful employment because of a physical or a mental condition, or a combination of conditions, may order the person to seek employment and report periodically to the court with a diary, listing or other memorandum of his or her efforts in accordance with such order.

Additionally, the court may order the unemployed person to report to the Department of Employment Security for job search services or to make application with the local Job Training Partnership Act provider or an Illinois Employment and Training Center for participation in job search, training, or work programs and where the duty of support is owed to a child receiving child support enforcement services under Article X of the Illinois Public Aid Code, as amended, the court may order the unemployed person to report to the Illinois Department of Healthcare and Family Services Public Aid for participation in job search, training or work programs established under Section 9-6 and Article IXA of that Code.

(b) Whenever it is determined that a person owes past-due support for a child or for a child and the parent with whom the child is living, and the child is receiving assistance under the Illinois Public Aid Code, the court shall order at the request of the Illinois Department of Healthcare and Family Services Public Aid:

(1) that the person pay the past-due support in accordance with a plan approved by the court;

or (2) if the person owing past-due support is unemployed, is subject to such a plan, and is not incapacitated, that the person participate in such job search, training, or work programs established under Section 9-6 and Article IXA of the Illinois Public Aid Code as the court deems appropriate.

(Source:

P.A.

91-357, eff.

7-29-99;

92-590, eff.

7-1-02;

revised 12-15-05.) HB2150 Engrossed - 10 - LRB094 03005 LCB 33006 b Section 10.

The Non-Support Punishment Act is amended by changing Section 60 as follows:

(750 ILCS 16/60) Sec.

60.

Unemployed persons owing duty of support.

(a) Whenever it is determined in a proceeding to establish or enforce a child support or maintenance obligation that the person owing a duty of support is unemployed, the court shall, unless the court makes specific findings about the person based upon clear and convincing evidence and determines that the person is incapable of gainful employment because of a physical or a mental condition, or a combination of conditions, may order the person to seek employment and report periodically to the court with a diary, listing or other memorandum of his or her efforts in accordance with such order.

Additionally, the court may order the unemployed person to report to the Department of Employment Security for job search services or to make application with the local Job Training Partnership Act provider or an Illinois Employment and Training Center for participation in job search, training, or work programs and where the duty of support is owed to a child receiving child support enforcement services under Article X of the Illinois Public Aid Code the court may order the unemployed person to report to the Illinois Department of Healthcare and Family Services Public Aid for participation in job search, training, or work programs established under Section 9-6 and Article IXA of that Code.

(b) Whenever it is determined that a person owes past due support for a child or for a child and the parent with whom the child is living, and the child is receiving assistance under the Illinois Public Aid Code, the court shall order at the request of the Illinois Department of Healthcare and Family Services Public Aid:

(1) that the person pay the past-due support in accordance with a plan approved by the court;

or HB2150 Engrossed - 11 - LRB094 03005 LCB 33006 b (2) if the person owing past-due support is unemployed, is subject to such a plan, and is not incapacitated, that the person participate in such job search, training, or work programs established under Section 9-6 and Article IXA of the Illinois Public Aid Code as the court deems appropriate.

(Source:

P.A.

91-613, eff.

10-1-99;

92-16, eff.

6-28-01;

92-590, eff.

7-1-02;

revised 12-15-05.) Section 15.

The Illinois Parentage Act of 1984 is amended by changing Section 15.1 as follows:

(750 ILCS 45/15.1) (from Ch.

40, par.

2515.1) Sec.

15.1.

(a) Whenever it is determined in a proceeding to establish or enforce a child support obligation that the person owing a duty of support is unemployed, the court shall, unless the court makes specific findings about the person based upon clear and convincing evidence and determines that the person is incapable of gainful employment because of a physical or a mental condition, or a combination of conditions, may order the person to seek employment and report periodically to the court with a diary, listing or other memorandum of his or her efforts in accordance with such order.

Additionally, the court may order the unemployed person to report to the Department of Employment Security for job search services or to make application with the local Job Training Partnership Act provider or an Illinois Employment and Training Center for participation in job search, training or work programs and where the duty of support is owed to a child receiving child support enforcement services under Article X of the Illinois Public Aid Code, as amended, the court may order the unemployed person to report to the Illinois Department of Healthcare and Family Services Public Aid for participation in job search, training or work programs established under Section 9-6 and Article IXA of that Code.

(b) Whenever it is determined that a person owes past-due HB2150 Engrossed - 12 - LRB094 03005 LCB 33006 b support for a child, and the child is receiving assistance under the Illinois Public Aid Code, the court shall order the following at the request of the Illinois Department of Healthcare and Family Services Public Aid:

(1) that the person pay the past-due support in accordance with a plan approved by the court;

or (2) if the person owing past-due support is unemployed, is subject to such a plan, and is not incapacitated, that the person participate in such job search, training, or work programs established under Section 9-6 and Article IXA of the Illinois Public Aid Code as the court deems appropriate.

(Source:

P.A.

91-357, eff.

7-29-99;

92-590, eff.

7-1-02;

revised 12-15-05.)