Bill Amendment: IL SB0178 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: IMDMA-CHILD SUPPORT-NOTICE

Status: 2023-03-31 - Rule 3-9(a) / Re-referred to Assignments [SB0178 Detail]

Download: Illinois-2023-SB0178-Senate_Amendment_001.html

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Sen. Laura M. Murphy

Filed: 3/1/2023

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AMENDMENT TO SENATE BILL 178
AMENDMENT NO. ______. Amend Senate Bill 178 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 505 as follows:
(750 ILCS 5/505) (from Ch. 40, par. 505)
Sec. 505. Child support; contempt; penalties.
(a) In a proceeding for dissolution of marriage, legal
separation, declaration of invalidity of marriage, or
dissolution of a civil union, a proceeding for child support
following a legal separation or 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 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

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support to a child of the marriage or civil union to pay an
amount reasonable and necessary for support. The duty of
support owed to a child includes the obligation to provide for
the reasonable and necessary physical, mental and emotional
health needs of the child. For purposes of this Section, the
term "child" shall include any child under age 18 and any child
age 19 or younger who is still attending high school. For
purposes of this Section, the term "obligor" means the parent
obligated to pay support to the other parent.
(1) Child support guidelines. The Illinois Department
of Healthcare and Family Services shall adopt rules
establishing child support guidelines which include
worksheets to aid in the calculation of the child support
obligations and a schedule of basic child support
obligations that reflects the percentage of combined net
income that parents living in the same household in this
State ordinarily spend on their child. The child support
guidelines have the following purposes:
(A) to establish as State policy an adequate
standard of support for a child, subject to the
ability of parents to pay;
(B) to make child support obligations more
equitable by ensuring more consistent treatment of
parents in similar circumstances;
(C) to improve the efficiency of the court process
by promoting settlements and giving courts and the

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parties guidance in establishing levels of child
support;
(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
and child were living in an intact household;
(E) to adjust child support based upon the needs
of the child; and
(F) to allocate the amount of child support to be
paid by each parent based upon a parent's net income
and the child's physical care arrangements.
(1.5) Computation of basic child support obligation.
The court shall compute the basic child support obligation
by taking the following steps:
(A) determine each parent's monthly net income;
(B) add the parents' monthly net incomes together
to determine the combined monthly net income of the
parents;
(C) select the corresponding appropriate amount
from the schedule of basic child support obligations
based on the parties' combined monthly net income and
number of children of the parties; and
(D) calculate each parent's percentage share of
the basic child support obligation.
Although a monetary obligation is computed for each
parent as child support, the receiving parent's share is

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not payable to the other parent and is presumed to be spent
directly on the child.
(2) Duty of support. The court shall determine child
support in each case by applying the child support
guidelines unless the court makes a finding that
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:
(A) the financial resources and needs of the
child;
(B) the financial resources and needs of the
parents;
(C) the standard of living the child would have
enjoyed had the marriage or civil union not been
dissolved; and
(D) the physical and emotional condition of the
child and his or her educational needs.
(2.5) Notice from the court. Whenever the court enters
an order for child support, the court shall verbally
provide notice to the obligor of (i) the obligor's
existing and ongoing obligations to make payment to the
obligee, (ii) the obligor's ability to request a
modification of the order, and (iii) the possible
penalties that may be incurred if the obligor falls into
arrears. Nothing in this paragraph shall require the

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obligor to begin child support payments at the time the
obligor receives the verbal notice. An obligor shall only
be considered in arrears after the first child support
payment is due, whether by wage garnishment or other
agreed upon method in the order.
(3) Income.
(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 for 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. Social security disability
and retirement benefits paid for the benefit of the
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. "Gross income" includes maintenance treated as
taxable income for federal income tax purposes to the
payee and received pursuant to a court order in the

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pending proceedings or any other proceedings and shall
be included in the payee's gross income for purposes
of calculating the parent's child support obligation.
(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
calculated pursuant to subparagraph (D) of this
paragraph (3), and minus any adjustments pursuant to
subparagraph (F) of this paragraph (3). The
standardized tax amount shall be used unless the
requirements for an individualized tax amount set
forth in subparagraph (E) of this paragraph (3) are
met. "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
calculating the parent's child support obligation.
(C) As used in this Section, "standardized tax
amount" means the total of federal and state income
taxes for a single person claiming the standard tax
deduction, one personal exemption, and the applicable
number of dependency exemptions for the minor child or
children of the parties, and Social Security and
Medicare tax calculated at the Federal Insurance

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Contributions Act rate.
(I) Unless a court has determined otherwise or
the parties otherwise agree, the party with the
majority of parenting time shall be deemed
entitled to claim the dependency exemption for the
parties' minor child.
(II) The Illinois Department of Healthcare and
Family Services shall promulgate a standardized
net income conversion table that computes net
income by deducting the standardized tax amount
from gross income.
(D) As used in this Section, "individualized tax
amount" means the aggregate of the following taxes:
(I) federal income tax (properly calculated
withholding or estimated payments);
(II) State income tax (properly calculated
withholding or estimated payments); and
(III) Social Security or self-employment tax,
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.
(E) In lieu of a standardized tax amount, a
determination of an individualized tax amount may be
made under items (I), (II), or (III) below. If an
individualized tax amount determination is made under

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this subparagraph (E), all relevant tax attributes
(including filing status, allocation of dependency
exemptions, and whether a party is to claim the use of
the standard deduction or itemized deductions for
federal income tax purposes) shall be as the parties
agree or as the court determines. To determine a
party's reported income, the court may order the party
to complete an Internal Revenue Service Form 4506-T,
Request for Tax Transcript.
(I) Agreement. Irrespective of whether the
parties agree on any other issue before the court,
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.
(II) Summary hearing. If the court determines
child support in a summary hearing under Section
501 and an eligible party opts in to the
individualized tax amount method under this item
(II), the individualized tax amount shall be
determined by the court on the basis of
information contained in one or both parties'
Supreme Court approved Financial Affidavit (Family &

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Divorce Cases) and relevant supporting documents
under applicable court rules. 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.
(III) Evidentiary hearing. If the court
determines child support in an evidentiary
hearing, whether for purposes of a temporary order
or at the conclusion of a proceeding, item (II) of
this subparagraph (E) does not apply. In each such
case (unless item (I) governs), the individualized
tax amount shall be as determined by the court on
the basis of the record established.
(F) Adjustments to income.
(I) Multi-family adjustment. If a parent is
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:
(i) Multi-family adjustment with court
order. The court shall deduct from the
parent's net income the amount of child
support actually paid by the parent pursuant

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to a support order unless the court makes a
finding that it would cause economic hardship
to the child.
(ii) Multi-family adjustment without court
order. Upon the request or application of a
parent actually supporting a presumed,
acknowledged, or adjudicated child living in
or outside of that parent's household, there
shall be an adjustment to child support. The
court shall deduct from the parent's net
income the amount of financial support
actually paid by the parent for the child or
75% of the support the parent should pay under
the child support guidelines (before this
adjustment), whichever is less, unless the
court makes a finding that it would cause
economic hardship to the child. The adjustment
shall be calculated using that parent's income
alone.
(II) Spousal Maintenance adjustment.
Obligations pursuant to a court order for spousal
maintenance in the pending proceeding actually
paid or payable to the same party to whom child
support is to be payable or actually paid to a
former spouse pursuant to a court order shall be
deducted from the parent's after-tax income,

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unless the maintenance obligation is tax
deductible to the payor for federal income tax
purposes, in which case it shall be deducted from
the payor's gross income for purposes of
calculating the parent's child support obligation.
(3.1) Business income. For purposes of calculating
child support, net business income from the operation of a
business means gross receipts minus ordinary and necessary
expenses required to carry on the trade or business. As
used in this paragraph, "business" includes, but is not
limited to, sole proprietorships, closely held
corporations, partnerships, other flow-through business
entities, and self-employment. The court shall apply the
following:
(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
necessary business expenses to be deducted in the
determination of net business income from gross
business income.
(B) Any item of reimbursement or in-kind payment
received by a parent from a business, including, but
not limited to, a company car, reimbursed meals, free
housing, or a housing allowance, shall be counted as
income if not otherwise included in the recipient's

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gross income, if the item is significant in amount and
reduces personal expenses.
(3.2) Unemployment or underemployment. If a parent is
voluntarily unemployed or underemployed, child support
shall be calculated based on a determination of potential
income. A determination of potential income shall be made
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. If
there is insufficient work history to determine employment
potential and probable earnings level, there shall be a
rebuttable presumption that the parent's potential income
is 75% of the most recent United States Department of
Health and Human Services Federal Poverty Guidelines for a
family of one person.
(3.3) Rebuttable presumption in favor of guidelines.
There is a rebuttable presumption in any judicial or
administrative proceeding for child support that the
amount of the child support obligation that would result
from the application of the child support guidelines is
the correct amount of child support.
(3.3a) Minimum child support obligation. There is a
rebuttable presumption that a minimum child support
obligation of $40 per month, per child, will be entered

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for an obligor 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 of $120 per month to
be divided equally among all of the obligor's children.
(3.3b) Zero dollar child support order. For parents
with no gross income, who receive only means-tested
assistance, or who cannot work due to a medically proven
disability, incarceration, or institutionalization, there
is a rebuttable presumption that the $40 per month minimum
support order is inapplicable and a zero dollar order
shall be entered.
(3.4) Deviation factors. In any action to establish or
modify child support, whether pursuant to a temporary or
final administrative or court order, the child support
guidelines shall be used as a rebuttable presumption for
the establishment or modification of the amount of child
support. The court may deviate from the child support
guidelines if the application would be inequitable,
unjust, or inappropriate. Any deviation from the
guidelines shall be accompanied by written findings by the
court specifying the reasons for the deviation and the
presumed amount under the child support guidelines without
a deviation. These reasons may include:
(A) extraordinary medical expenditures necessary

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to preserve the life or health of a party or a child of
either or both of the parties;
(B) additional expenses incurred for a child
subject to the child support order who has special
medical, physical, or developmental needs; and
(C) any other factor the court determines should
be applied upon a finding that the application of the
child support guidelines would be inappropriate, after
considering the best interest of the child.
(3.5) Income in excess of the schedule of basic child
support obligation. A court may use its discretion to
determine child support if the combined adjusted net
income of the parties exceeds the highest level of the
schedule of basic child support obligation, except that
the basic child support obligation shall not be less than
the highest level of combined net income set forth in the
schedule of basic child support obligation.
(3.6) Extracurricular activities and school expenses.
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
incurred which are intended to enhance the educational,
athletic, social, or cultural development of the child.
(3.7) Child care expenses. The court, in its
discretion, in addition to the basic child support

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obligation, may order either or both parents owing a duty
of support to the child to contribute to the reasonable
child care expenses of the child. The child care expenses
shall be made payable directly to a party or directly to
the child care provider at the time of child care
services.
(A) "Child care expenses" means actual expenses
reasonably necessary to enable a parent or non-parent
custodian to be employed, to attend educational or
vocational training programs to improve employment
opportunities, or to search for employment. "Child
care expenses" also includes deposits for securing
placement in a child care program, the cost of before
and after school care, and camps when school is not in
session. A child's special needs shall be a
consideration in determining reasonable child care
expenses.
(B) Child care expenses shall be prorated in
proportion to each parent's percentage share of
combined 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
obligor's and obligee's portion of actual child care
expenses shall appear in the support order. If
allowed, the value of the federal income tax credit
for child care shall be subtracted from the actual

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cost to determine the net child care costs.
(C) The amount of child care expenses shall be
adequate to obtain reasonable and necessary child
care. The actual child care expenses shall be used to
calculate the child care expenses, if available. When
actual child care expenses vary, the actual child care
expenses may be averaged over the most recent 12-month
period. When a parent is temporarily unemployed or
temporarily not attending educational or vocational
training programs, future child care expenses shall be
based upon prospective expenses to be incurred upon
return to employment or educational or vocational
training programs.
(D) An order for child care expenses may be
modified upon a showing of a substantial change in
circumstances. The party incurring child care expenses
shall notify the other party 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.
(3.8) Shared physical care. If each parent exercises
146 or more overnights per year with the child, the basic
child support obligation is multiplied by 1.5 to calculate
the shared care child support obligation. The court shall
determine each parent's share of the shared care child
support obligation based on the parent's percentage share

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of combined net income. The child support obligation is
then computed for each parent by multiplying that parent's
portion of the shared care support obligation by the
percentage of time the child spends with the other parent.
The respective child support obligations are then offset,
with the parent owing more child support paying the
difference between the child support amounts. The Illinois
Department of Healthcare and Family Services shall
promulgate a worksheet to calculate child support in cases
in which the parents have shared physical care and use the
standardized tax amount to determine net income.
(3.9) Split physical care. When there is more than one
child and each parent has physical care of at least one but
not all of the children, the support is calculated by
using 2 child support worksheets to determine the support
each parent owes the other. The support shall be
calculated as follows:
(A) compute the support the first parent would owe
to other parent as if the child in his or her care was
the only child of the parties; then
(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; then
(C) subtract the lesser support obligation from
the greater.
The parent who owes the greater obligation shall be

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ordered to pay the difference in support to the other
parent, unless the court determines, pursuant to other
provisions of this Section, that it should deviate from
the guidelines.
(4) Health care to be addressed by the court.
(A) A portion of the basic child support
obligation is intended to cover basic ordinary
out-of-pocket medical expenses. The court, in its
discretion, in addition to the basic child support
obligation, shall also provide for the child's current
and future medical needs by ordering either or both
parents to initiate health insurance coverage for the
child through currently effective health insurance
policies held by the parent or parents, purchase one
or more or all health, dental, or vision insurance
policies for the child, or provide for the child's
current and future medical needs through some other
manner.
(B) The court, in its discretion, may order either
or both parents to contribute to the reasonable health
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.
(C) If neither parent has access to appropriate

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private health insurance coverage, the court may
order:
(I) one or both parents to provide health
insurance coverage at any time it becomes
available at a reasonable cost; or
(II) the parent or non-parent custodian with
primary physical responsibility for the child to
apply for public health insurance coverage for the
child and require either or both parents to pay a
reasonable amount of the cost of health insurance
for the child.
The order may also provide that any time private
health insurance coverage is available at a reasonable
cost to that party it will be provided instead of cash
medical support. As used in this Section, "cash
medical support" means an amount ordered to be paid
toward the cost of health insurance provided by a
public entity or by another person through employment
or otherwise or for other medical costs not covered by
insurance.
(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. If this
amount is not available or cannot be verified, the
total cost of the health insurance premium shall be

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divided by the total number of persons covered by the
policy. The cost per person derived from this
calculation shall be multiplied by the number of
children who are the subject of the order and who are
covered under the health insurance policy. This amount
shall be added to the basic child support obligation
and shall be allocated between the parents in
proportion to their respective net incomes.
(E) After the health insurance premium for the
child is added to the basic child support obligation
and allocated between the parents in proportion to
their respective incomes for child support purposes,
if the obligor is paying the premium, the amount
calculated for the obligee's share of the health
insurance premium for the child shall be deducted from
the obligor's share of the total child support
obligation. If the obligee is paying for private
health insurance for the child, the child support
obligation shall be increased by the obligor's share
of the premium payment. The obligor's and obligee's
portion of health insurance costs shall appear in the
support order.
(F) Prior to allowing the health insurance
adjustment, the parent requesting the adjustment must
submit proof that the child has been enrolled in a
health insurance plan and must submit proof of the

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cost of the premium. The court shall require the
parent receiving the adjustment to annually submit
proof of continued coverage of the child to the other
parent, or as designated by the court.
(G) A reasonable cost for providing health
insurance coverage for the child may not exceed 5% of
the providing parent's gross income. Parents with a
net income below 133% of the most recent United States
Department of Health and Human Services Federal
Poverty Guidelines or whose child is covered by
Medicaid based on that parent's income may not be
ordered to contribute toward or provide private
coverage, unless private coverage is obtainable
without any financial contribution by that parent.
(H) If dental or vision insurance is included as
part of the employer's medical plan, the coverage
shall be maintained for the child. If not included in
the employer's medical plan, adding the dental or
vision insurance for the child is at the discretion of
the court.
(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

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same manner as if the premium were paid by that parent.
(4.5) In a proceeding for child support following
dissolution of the marriage or civil union by a court that
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 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.
(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 particular case.
The final order in all cases shall state the support level
in dollar amounts. 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
other orders as may be necessary to determine and enforce,
on a timely basis, the applicable support ordered.
(6) If (i) the obligor was properly served with a
request for discovery of financial information relating to
the obligor's ability to provide child support, (ii) the
obligor failed to comply with the request, despite having

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been ordered to do so by the court, and (iii) the obligor
is not present at the hearing to determine support despite
having received proper notice, then any relevant financial
information concerning the obligor'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.
(a-3) Life insurance to secure support. At the discretion
of the court, a child support obligation pursuant to this
Section and Sections 510, 513, and 513.5 of this Act may be
secured, in whole or in part, by reasonably affordable life
insurance on the life of one or both parents on such terms as
the parties agree or as the court orders. The court may require
such insurance remain in full force and effect until the
termination of all obligations of support, subject to the
following:
(1) Existing life insurance. The court shall be
apprised through evidence, stipulation, or otherwise as to
the level, ownership, and type of existing life insurance
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. The court shall make findings
relative thereto.
(2) New life insurance. The court shall be apprised

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through evidence, stipulation, or otherwise as to the
availability of obtaining reasonably affordable new life
insurance. To the extent the court determines that the
support obligations should be secured, in whole or in
part, by new life insurance on the life of one or both
parents, the court may order that one or both parents
comply with all requirements to obtain such new life
insurance through employment, trade union, fraternal
organizations, associations, or individual means.
In determining the level and type of death benefits
coverage to be obtained by a parent, the court shall
consider access and availability of life insurance to that
parent, the cost of the premium, cost ratings, and
escalations, if applicable, and all other relevant
circumstances.
(3) Other security. If life insurance is unavailable
to a parent, the court, in its discretion, or as agreed to
by the parties, may order other equitable and reasonable
means to secure a child support obligation.
(a-5) In an action to enforce an order for child support
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 last known address
of the obligor may be determined from records of the clerk of

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the court, from the Federal Case Registry of Child Support
Orders, or by any other reasonable means.
(b) Failure of either parent to comply with an order to pay
support shall be punishable as in other cases of contempt. In
addition to other penalties provided by law the court may,
after finding the parent guilty of contempt, order that the
parent be:
(1) placed on probation with such conditions of
probation as the court deems advisable;
(2) sentenced to periodic imprisonment for a period
not to exceed 6 months; provided, however, that the court
may permit the parent to be released for periods of time
during the day or night to:
(A) work; or
(B) conduct a business or other self-employed
occupation.
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
custody of the child of the sentenced parent for the support of
the child until further order of the court.
If a parent who is found guilty of contempt for failure to
comply with an order to pay support is a person who conducts a
business or who is self-employed, the court in addition to
other penalties provided by law may order that the parent do

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one or more of the following: (i) provide to the court monthly
financial statements showing income and expenses from the
business or the self-employment; (ii) seek employment and
report periodically to the court with a diary, listing, or
other memorandum of his or her employment search efforts; or
(iii) report to the Department of Employment Security for job
search services to find employment that will be subject to
withholding for child support.
If there is a unity of interest and ownership sufficient
to render no financial separation between an obligor and
another person or persons or business entity, the court may
pierce the ownership veil of the person, persons, or business
entity to discover assets of the obligor held in the name of
that person, those persons, or that business entity. The
following circumstances are sufficient to authorize a court to
order discovery of the assets of a person, persons, or
business entity and to compel the application of any
discovered assets toward payment on the judgment for support:
(1) the obligor and the person, persons, or business
entity maintain records together.
(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.
(3) the obligor transfers assets to the person,
persons, or business entity with the intent to perpetrate
a fraud on the obligee.

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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
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.
The court may also order in cases where the parent is 90
days or more delinquent in payment of support or has been
adjudicated in arrears in an amount equal to 90 days
obligation or more, that the parent's Illinois driving
privileges be suspended until the court determines that the
parent is in compliance with the order of support. The court
may also order that the parent be issued a family financial
responsibility driving permit that would allow limited driving
privileges for employment and medical purposes in accordance
with Section 7-702.1 of the Illinois Vehicle Code. The Clerk
of the Circuit Court shall certify the order suspending the
driving privileges of the parent or granting the issuance of a
family financial responsibility driving permit to the
Secretary of State on forms prescribed by the Secretary of
State. Upon receipt of the authenticated documents, the
Secretary of State shall suspend the parent's driving
privileges until further order of the court and shall, if
ordered by the court, subject to the provisions of Section

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7-702.1 of the Illinois Vehicle Code, issue a family financial
responsibility driving permit to the 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
convicted under that Act may be sentenced in accordance with
that Act. The sentence may include but need not be limited to a
requirement that the person perform community service under
Section 50 of that Act or participate in a work alternative
program under Section 50 of that Act. A person may not be
required to participate in a work alternative program under
Section 50 of that Act if the person is currently
participating in a work program pursuant to Section 505.1 of
this Act.
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
the Code of Civil Procedure. An order for support entered or
modified on or after January 1, 2006 shall contain a statement
that a support obligation required under the order, or any
portion of a support obligation required under the order, that
becomes due and remains unpaid as of the end of each month,
excluding the child support that was due for that month to the

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extent that it was not paid in that month, shall accrue simple
interest as set forth in Section 12-109 of the Code of Civil
Procedure. Failure to include the statement in the order for
support does not affect the validity of the order or the
accrual of interest as provided in this Section.
(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. The charge
shall be imposed in accordance with the provisions of Section
10-21 of the Illinois Public Aid Code and shall be enforced by
the court upon petition.
(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 be deemed
entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each such judgment shall have the full force, effect and
attributes of any other judgment of this State, including the
ability to be enforced. Notwithstanding any other State or
local law to the contrary, a lien arises by operation of law
against the real and personal property of the obligor for each
installment of overdue support owed by the obligor.
(e) When child support is to be paid through the Clerk of
the Court in a county of 500,000 inhabitants or less, the order

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shall direct the obligor to pay to the Clerk, in addition to
the child support payments, all fees imposed by the county
board under paragraph (4) of subsection (bb) of Section 27.1a
of the Clerks of Courts Act. When child support is to be paid
through the clerk of the court in a county of more than 500,000
but less than 3,000,000 inhabitants, the order shall direct
the obligor to pay to the clerk, in addition to the child
support payments, all fees imposed by the county board under
paragraph (4) of subsection (bb) of Section 27.2 of the Clerks
of Courts Act. Unless paid pursuant to an Income Withholding
Order/Notice for Support, the payment of the fee shall be by
payment acceptable to the clerk and shall be made to the order
of the Clerk.
(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
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. In any subsequent action to enforce a support order,

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upon a sufficient showing that a diligent effort has been made
to ascertain the location of the obligor, service of process
or provision of notice necessary in the case may be made at the
last known address of the obligor in any manner expressly
provided by the Code of Civil Procedure or this Act, which
service shall be sufficient for purposes of due process.
(g) 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 subsection shall
be construed to prevent the court from modifying the order or
terminating the order in the event the child is otherwise
emancipated.
(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,

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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
enforcement and collection of child support, including but not
limited to income withholding under the Income Withholding for
Support Act. Each order for support entered or modified on or
after January 1, 2005 (the effective date of Public Act
93-1061) must contain a statement notifying the parties of the
requirements of this subsection. 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 subsection with regard to the order. 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
establishment or modification of an order for support of a
non-minor child or educational expenses under Section 513 of
this Act.
(h) An order entered under this Section shall include a
provision requiring either parent to report to the other
parent and to the Clerk of Court within 10 days each time

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either parent obtains new employment, and each time either
parent's employment is terminated for any reason. The report
shall be in writing and shall, in the case of new employment,
include the name and address of the new employer. 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 contempt. For
either parent arrested for 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. An order entered under this Section shall also
include a provision requiring either obligor and obligee to
advise the other of a change in 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 child, or both,
would be seriously endangered by disclosure of the party's
address.
(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.
(Source: P.A. 102-823, eff. 5-13-22.)".