Bill Text: IL HB4163 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if a defendant is found guilty of aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof where the violation has resulted in the death of another, the court shall order the defendant to pay an amount reasonable and necessary for support of the minor child or children of any victims. Provides for the calculation of child support for a defendant ordered to pay child support under such circumstances. Makes a corresponding change in the Illinois Vehicle Code.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-04-05 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB4163 Detail]

Download: Illinois-2023-HB4163-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4163 Introduced , by Rep. Kevin Schmidt SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
750 ILCS 5/520 new
Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if a defendant is found guilty of aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof where the violation has resulted in the death of another, the court shall order the defendant to pay an amount reasonable and necessary for support of the minor child or children of any victims. Provides for the calculation of child support for a defendant ordered to pay child support under such circumstances. Makes a corresponding change in the Illinois Vehicle Code.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Section 11-501 as follows:
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
Sec. 11-501. Driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds, or
any combination thereof.
(a) A person shall not drive or be in actual physical
control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood,
other bodily substance, or breath is 0.08 or more based on
the definition of blood and breath units in Section
11-501.2;
(2) under the influence of alcohol;
(3) under the influence of any intoxicating compound
or combination of intoxicating compounds to a degree that
renders the person incapable of driving safely;
(4) under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of safely driving;
(5) under the combined influence of alcohol, other

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drug or drugs, or intoxicating compound or compounds to a
degree that renders the person incapable of safely
driving;
(6) there is any amount of a drug, substance, or
compound in the person's breath, blood, other bodily
substance, or urine resulting from the unlawful use or
consumption of a controlled substance listed in the
Illinois Controlled Substances Act, an intoxicating
compound listed in the Use of Intoxicating Compounds Act,
or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act; or
(7) the person has, within 2 hours of driving or being
in actual physical control of a vehicle, a
tetrahydrocannabinol concentration in the person's whole
blood or other bodily substance as defined in paragraph 6
of subsection (a) of Section 11-501.2 of this Code.
Subject to all other requirements and provisions under
this Section, this paragraph (7) does not apply to the
lawful consumption of cannabis by a qualifying patient
licensed under the Compassionate Use of Medical Cannabis
Program Act who is in possession of a valid registry card
issued under that Act, unless that person is impaired by
the use of cannabis.
(b) The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol,
cannabis under the Compassionate Use of Medical Cannabis

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Program Act, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof, shall not constitute a
defense against any charge of violating this Section.
(c) Penalties.
(1) Except as otherwise provided in this Section, any
person convicted of violating subsection (a) of this
Section is guilty of a Class A misdemeanor.
(2) A person who violates subsection (a) or a similar
provision a second time shall be sentenced to a mandatory
minimum term of either 5 days of imprisonment or 240 hours
of community service in addition to any other criminal or
administrative sanction.
(3) A person who violates subsection (a) is subject to
6 months of imprisonment, an additional mandatory minimum
fine of $1,000, and 25 days of community service in a
program benefiting children if the person was transporting
a person under the age of 16 at the time of the violation.
(4) A person who violates subsection (a) a first time,
if the alcohol concentration in his or her blood, breath,
other bodily substance, or urine was 0.16 or more based on
the definition of blood, breath, other bodily substance,
or urine units in Section 11-501.2, shall be subject, in
addition to any other penalty that may be imposed, to a
mandatory minimum of 100 hours of community service and a
mandatory minimum fine of $500.
(5) A person who violates subsection (a) a second

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time, if at the time of the second violation the alcohol
concentration in his or her blood, breath, other bodily
substance, or urine was 0.16 or more based on the
definition of blood, breath, other bodily substance, or
urine units in Section 11-501.2, shall be subject, in
addition to any other penalty that may be imposed, to a
mandatory minimum of 2 days of imprisonment and a
mandatory minimum fine of $1,250.
(d) Aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or
any combination thereof.
(1) Every person convicted of committing a violation
of this Section shall be guilty of aggravated driving
under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof if:
(A) the person committed a violation of subsection
(a) or a similar provision for the third or subsequent
time;
(B) the person committed a violation of subsection
(a) while driving a school bus with one or more
passengers on board;
(C) the person in committing a violation of
subsection (a) was involved in a motor vehicle crash
that resulted in great bodily harm or permanent
disability or disfigurement to another, when the

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violation was a proximate cause of the injuries;
(D) the person committed a violation of subsection
(a) and has been previously convicted of violating
Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 or a similar provision of a law
of another state relating to reckless homicide in
which the person was determined to have been under the
influence of alcohol, other drug or drugs, or
intoxicating compound or compounds as an element of
the offense or the person has previously been
convicted under subparagraph (C) or subparagraph (F)
of this paragraph (1);
(E) the person, in committing a violation of
subsection (a) while driving at any speed in a school
speed zone at a time when a speed limit of 20 miles per
hour was in effect under subsection (a) of Section
11-605 of this Code, was involved in a motor vehicle
crash that resulted in bodily harm, other than great
bodily harm or permanent disability or disfigurement,
to another person, when the violation of subsection
(a) was a proximate cause of the bodily harm;
(F) the person, in committing a violation of
subsection (a), was involved in a motor vehicle crash
or snowmobile, all-terrain vehicle, or watercraft
accident that resulted in the death of another person,
when the violation of subsection (a) was a proximate

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cause of the death;
(G) the person committed a violation of subsection
(a) during a period in which the defendant's driving
privileges are revoked or suspended, where the
revocation or suspension was for a violation of
subsection (a) or a similar provision, Section
11-501.1, paragraph (b) of Section 11-401, or for
reckless homicide as defined in Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(H) the person committed the violation while he or
she did not possess a driver's license or permit or a
restricted driving permit or a judicial driving permit
or a monitoring device driving permit;
(I) the person committed the violation while he or
she knew or should have known that the vehicle he or
she was driving was not covered by a liability
insurance policy;
(J) the person in committing a violation of
subsection (a) was involved in a motor vehicle crash
that resulted in bodily harm, but not great bodily
harm, to the child under the age of 16 being
transported by the person, if the violation was the
proximate cause of the injury;
(K) the person in committing a second violation of
subsection (a) or a similar provision was transporting
a person under the age of 16; or

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(L) the person committed a violation of subsection
(a) of this Section while transporting one or more
passengers in a vehicle for-hire.
(2)(A) Except as provided otherwise, a person
convicted of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof is guilty of a Class
4 felony.
(B) A third violation of this Section or a similar
provision is a Class 2 felony. If at the time of the third
violation the alcohol concentration in his or her blood,
breath, other bodily substance, or urine was 0.16 or more
based on the definition of blood, breath, other bodily
substance, or urine units in Section 11-501.2, a mandatory
minimum of 90 days of imprisonment and a mandatory minimum
fine of $2,500 shall be imposed in addition to any other
criminal or administrative sanction. If at the time of the
third violation, the defendant was transporting a person
under the age of 16, a mandatory fine of $25,000 and 25
days of community service in a program benefiting children
shall be imposed in addition to any other criminal or
administrative sanction.
(C) A fourth violation of this Section or a similar
provision is a Class 2 felony, for which a sentence of
probation or conditional discharge may not be imposed. If
at the time of the violation, the alcohol concentration in

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the defendant's blood, breath, other bodily substance, or
urine was 0.16 or more based on the definition of blood,
breath, other bodily substance, or urine units in Section
11-501.2, a mandatory minimum fine of $5,000 shall be
imposed in addition to any other criminal or
administrative sanction. If at the time of the fourth
violation, the defendant was transporting a person under
the age of 16 a mandatory fine of $25,000 and 25 days of
community service in a program benefiting children shall
be imposed in addition to any other criminal or
administrative sanction.
(D) A fifth violation of this Section or a similar
provision is a Class 1 felony, for which a sentence of
probation or conditional discharge may not be imposed. If
at the time of the violation, the alcohol concentration in
the defendant's blood, breath, other bodily substance, or
urine was 0.16 or more based on the definition of blood,
breath, other bodily substance, or urine units in Section
11-501.2, a mandatory minimum fine of $5,000 shall be
imposed in addition to any other criminal or
administrative sanction. If at the time of the fifth
violation, the defendant was transporting a person under
the age of 16, a mandatory fine of $25,000, and 25 days of
community service in a program benefiting children shall
be imposed in addition to any other criminal or
administrative sanction.

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(E) A sixth or subsequent violation of this Section or
similar provision is a Class X felony. If at the time of
the violation, the alcohol concentration in the
defendant's blood, breath, other bodily substance, or
urine was 0.16 or more based on the definition of blood,
breath, other bodily substance, or urine units in Section
11-501.2, a mandatory minimum fine of $5,000 shall be
imposed in addition to any other criminal or
administrative sanction. If at the time of the violation,
the defendant was transporting a person under the age of
16, a mandatory fine of $25,000 and 25 days of community
service in a program benefiting children shall be imposed
in addition to any other criminal or administrative
sanction.
(F) For a violation of subparagraph (C) of paragraph
(1) of this subsection (d), the defendant, if sentenced to
a term of imprisonment, shall be sentenced to not less
than one year nor more than 12 years.
(G) A violation of subparagraph (F) of paragraph (1)
of this subsection (d) is a Class 2 felony, for which the
defendant, unless the court determines that extraordinary
circumstances exist and require probation, shall be
sentenced to: (i) a term of imprisonment of not less than 3
years and not more than 14 years if the violation resulted
in the death of one person; or (ii) a term of imprisonment
of not less than 6 years and not more than 28 years if the

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violation resulted in the deaths of 2 or more persons. The
defendant shall also be responsible to make child support
payments as determined by the court under Section 520 of
the Illinois Marriage and Dissolution of Marriage Act for
the minor child or children of any person or persons whose
deaths resulted from the violation.
(H) For a violation of subparagraph (J) of paragraph
(1) of this subsection (d), a mandatory fine of $2,500,
and 25 days of community service in a program benefiting
children shall be imposed in addition to any other
criminal or administrative sanction.
(I) A violation of subparagraph (K) of paragraph (1)
of this subsection (d), is a Class 2 felony and a mandatory
fine of $2,500, and 25 days of community service in a
program benefiting children shall be imposed in addition
to any other criminal or administrative sanction. If the
child being transported suffered bodily harm, but not
great bodily harm, in a motor vehicle crash, and the
violation was the proximate cause of that injury, a
mandatory fine of $5,000 and 25 days of community service
in a program benefiting children shall be imposed in
addition to any other criminal or administrative sanction.
(J) A violation of subparagraph (D) of paragraph (1)
of this subsection (d) is a Class 3 felony, for which a
sentence of probation or conditional discharge may not be
imposed.

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(3) Any person sentenced under this subsection (d) who
receives a term of probation or conditional discharge must
serve a minimum term of either 480 hours of community
service or 10 days of imprisonment as a condition of the
probation or conditional discharge in addition to any
other criminal or administrative sanction.
(e) Any reference to a prior violation of subsection (a)
or a similar provision includes any violation of a provision
of a local ordinance or a provision of a law of another state
or an offense committed on a military installation that is
similar to a violation of subsection (a) of this Section.
(f) The imposition of a mandatory term of imprisonment or
assignment of community service for a violation of this
Section shall not be suspended or reduced by the court.
(g) Any penalty imposed for driving with a license that
has been revoked for a previous violation of subsection (a) of
this Section shall be in addition to the penalty imposed for
any subsequent violation of subsection (a).
(h) For any prosecution under this Section, a certified
copy of the driving abstract of the defendant shall be
admitted as proof of any prior conviction.
(Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23.)
Section 10. The Illinois Marriage and Dissolution of
Marriage Act is amended by adding Section 520 as follows:

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(750 ILCS 5/520 new)
Sec. 520. Child support for aggravated driving under the
influence.
(a) If a defendant is found guilty of aggravated driving
under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination thereof
under subparagraph (f) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code where the
violation has resulted in the death of another, the court
shall order the defendant to pay an amount reasonable and
necessary for support of the minor child or children of any
victims. As used in this Section, "child" includes any child
under age 18 and any child age 19 or younger who is still
attending high school.
(1) Computation of basic child support obligation. The
court shall compute the basic child support obligation by
taking the following steps:
(A) determine the defendant's monthly net income;
(B) add the defendant and surviving parent's
monthly net incomes together to determine the combined
monthly net income;
(C) select the corresponding appropriate amount
from the schedule of basic child support obligation
based on the parties' combined monthly net income and
number of children; and
(D) calculate each party's percentage share of the

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basic child support obligation.
(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 a
surviving parent;
(C) the standard of living the child would have
enjoyed had the death of the parent or parents not
resulted; and
(D) the physical and emotional condition of the
child and the child's educational needs.
(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
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 for other children in the

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household, including, but not limited to, child
support, survivor benefits, and foster care payments.
"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 pending
proceedings or any other proceedings and shall be
included in the payee's gross income for purposes of
calculating the child support obligation.
(B) As used in this Section, "net income" means
gross income minus either the standardized tax amount
calculated under subparagraph (C) or the
individualized tax amount calculated under
subparagraph (D), and minus any adjustments under
subparagraph (F). The standardized tax amount shall be
used unless the requirements for an individualized tax
amount set forth in subparagraph (E) 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 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

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number of dependency exemptions for the minor child or
children of the parties, and Social Security and
Medicare tax calculated at the Federal Insurance
Contributions Act rate.
(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 item (I), (II), or (III). If an
individualized tax amount determination is made under
this subparagraph, 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

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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 the
parties' 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,
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 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 and has substantially produced
supporting documents required by the applicable
court rules.

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(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)
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) Multifamily adjustment. If the defendant
is also legally responsible for support of the
defendant's own child and not subject to the
present proceeding, there shall be an adjustment
to net income as follows:
(i) Multifamily adjustment with court
order. The court shall deduct from the
defendant's net income the amount of child
support actually paid by the defendant
pursuant to a support order unless the court
makes a finding that it would cause economic
hardship to the child.
(ii) Multifamily adjustment without court
order. Upon the request or application of a
defendant actually supporting a presumed,
acknowledged, or adjudicated child living in
or outside of that defendant's household,

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there shall be an adjustment to child support.
The court shall deduct from the defendant's
net income the amount of financial support
actually paid by the defendant for the child
or 75% of the support the defendant 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 the defendant's
income alone.
(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

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business income.
(B) Any item of reimbursement or in-kind payment
received by a defendant 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 defendant's
gross income, if the item is significant in amount and
reduces personal expenses.
(3.2) Unemployment or underemployment. If the
defendant 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 defendant's work
history, occupational qualifications, prevailing job
opportunities, the ownership by a defendant 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 defendant'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

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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
for a defendant 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 the defendant of $120
per month to be divided equally among all of the
defendant's children.
(3.3b) Zero dollar child support order. For a
defendant with no gross income who receives 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

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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
to preserve the life or health of a surviving parent or
a child subject to the child support order;
(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 interests 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 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.

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The court, in its discretion, in addition to the basic
child support obligation, may order the defendant 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
obligation, may order the defendant 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 nonparent
custodian to be employed, to attend educational or
vocational training programs to improve employment
opportunities, or to search for employment. "Child
care expenses" includes deposits for securing
placement in a child care program and 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 party's percentage share of

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combined net income, and may be added to the basic
child support obligation if not paid directly by each
party 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
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 party 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

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in the support order.
(4) Health care.
(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 the defendant to initiate
health insurance coverage for the child through
currently effective health insurance policies held by
the parent, 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 the
defendant 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 the child nor children have access
to appropriate private health insurance coverage, the
court may order the defendant to:
(I) provide health insurance coverage at any
time it becomes available at a reasonable cost; or

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(II) apply for public health insurance
coverage for the child and 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 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
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 parties in
proportion to the parties' respective net incomes.
(E) After the health insurance premium for the

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child is added to the basic child support obligation
and allocated between the parties in proportion to the
parties' respective incomes for child support
purposes, if the defendant 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 defendant'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
defendant's share of the premium payment. The
defendant's and obligee's portion of health insurance
costs shall appear in the support order.
(F) Prior to allowing the health insurance
adjustment, the defendant requesting the adjustment
must submit proof that the child has been enrolled in a
health insurance plan and must submit proof of the
cost of the premium. The court shall require the
defendant receiving the adjustment to annually submit
proof of continued coverage of the child to the
obligee, or as designated by the court.
(G) A reasonable cost for providing health
insurance coverage for the child may not exceed 5% of
the defendant's gross income. A defendant with a net
income below 133% of the most recent United States
Department of Health and Human Services Federal

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Poverty Guidelines or whose child is covered by
Medicaid based on the defendant's income may not be
ordered to contribute toward or provide private
coverage, unless private coverage is obtainable
without any financial contribution by the defendant.
(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.
(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 defendant'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 defendant was properly served with a
request for discovery of financial information relating to
the defendant's ability to provide child support, (ii) the

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defendant failed to comply with the request, despite
having been ordered to do so by the court, and (iii) the
defendant is not present at the hearing to determine
support despite having received proper notice, then any
relevant financial information concerning the defendant'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-5) In an action to enforce an order for child support
based on the defendant's failure to make support payments as
required by the order, notice of proceedings to hold the
defendant in contempt for that failure may be served on the
defendant by personal service or by regular mail addressed to
the last known address of the defendant. The last known
address of the defendant may be determined from records of the
clerk of the court, from the Federal Case Registry of Child
Support Orders, or by any other reasonable means.
(b) Failure 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
defendant guilty of contempt, order that the defendant 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; however, the court may permit the

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defendant 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.
If a defendant 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 defendant
do 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 a defendant 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 defendant 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

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discovered assets toward payment on the judgment for support:
(1) the defendant and the person, persons, or business
entity maintain records together.
(2) the defendant and the person, persons, or business
entity fail to maintain an arm's length relationship
between themselves with regard to any assets.
(3) the defendant transfers assets to the person,
persons, or business entity with the intent to perpetrate
a fraud on the obligee.
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 under 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 defendant 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 defendant's Illinois driving
privileges be suspended until the court determines that the
defendant is in compliance with the order of support. The
court may also order that the defendant be issued a family
financial responsibility driving permit that would allow
limited driving privileges for employment and medical purposes

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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 defendant 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
defendant's driving privileges until further order of the
court and shall, if ordered by the court, subject to the
provisions of Section 7-702.1 of the Illinois Vehicle Code,
issue a family financial responsibility driving permit to the
defendant.
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 the Non-Support
Punishment Act, and a person convicted under the Non-Support
Punishment Act may be sentenced in accordance with the
Non-Support Punishment Act. The sentence may include, but need
not be limited to, a requirement that the person perform
community service under Section 50 of the Non-Support
Punishment or participate in a work alternative program under
Section 50 of the Non-Support Punishment. A person may not be
required to participate in a work alternative program under
Section 50 of the Non-Support Punishment Act if the person is
currently participating in a work program pursuant to Section

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505.1.
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 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 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) 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

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local law to the contrary, a lien arises by operation of law
against the real and personal property of the defendant for
each installment of overdue support owed by the defendant.
(d) When child support is to be paid through the clerk of
the court in a county of 500,000 inhabitants or less, the order
shall direct the defendant 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 defendant 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 or 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.
(e) All orders for support, when entered or modified,
shall include a provision requiring the defendant 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
defendant, (ii) whether the defendant has access to health
insurance coverage through the employer or other group

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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
defendant. 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 defendant, service
of process or provision of notice necessary in the case may be
made at the last known address of the defendant in any manner
expressly provided by the Code of Civil Procedure or this Act,
which service shall be sufficient for purposes of due process.
(f) 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 if the child is otherwise emancipated.
(g) If there is an unpaid arrearage or delinquency (as
those terms are defined in the Income Withholding for Support

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Act) equal to at least one month's support obligation on the
termination date stated in the order for support or, if there
is no termination date stated in the order, on the date the
child attains the age of majority or is otherwise emancipated,
the periodic amount required to be paid for current support of
that child immediately prior to that date shall automatically
continue to be an obligation, not as current support but as
periodic payment toward satisfaction of the unpaid arrearage
or delinquency. The 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 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.
(h) An order entered under this Section shall include a

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