99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3982
 
Introduced , by Rep. Kelly Burke
 
SYNOPSIS AS INTRODUCED:



   
750 ILCS 5/505 from Ch. 40, par. 505
750 ILCS 5/510 from Ch. 40, par. 510

 Amends the Illinois Marriage and Dissolution of Marriage Act. Deletes provisions concerning child support award guidelines, income calculation for child support purposes, and allocation of other child-related expenses. Provides that the Department of Healthcare and Family Services shall promulgate guidelines and worksheets for the purpose of calculating child support guidelines, and that the court shall apply the guidelines unless the court determines, after weighing specified factors, that application of the guidelines would be inappropriate. Adds provisions concerning child support purposes and applicability, duty of support, income calculation for support purposes, minimum orders, deviation factors, shared parenting, split care, allocation of other child-related expenses, and modification of support orders. Contains applicability language.



LRB099 03583 HEP 31770 b


 
 
A BILL FOR
 


HB3982LRB099 03583 HEP 31770 b



1 AN ACT concerning civil law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Illinois Marriage and Dissolution of 
5Marriage Act is amended by changing Sections 505 and 510 as 
6follows:


7 (750 ILCS 5/505) (from Ch. 40, par. 505)



8 Sec. 505. Child support; contempt; penalties. 

9 (a) In a proceeding for dissolution of marriage, legal 
10separation,
declaration of invalidity of marriage, dissolution 
11of a civil union, a proceeding for child support
following 
12dissolution of the marriage or civil union by a court that 
13lacked personal
jurisdiction over the absent spouse, a 
14proceeding for modification of a
previous order for child 
15support under Section 510 of this Act, or any
proceeding 
16authorized under Section 501 or 601 of this Act, the court may

17order either or both parents owing a duty of support to a child 
18of the
marriage or civil union to pay an amount reasonable and 
19necessary for the support of the child, without
regard to 
20marital misconduct. The duty of support owed to a child

21includes the obligation to provide for the reasonable and 
22necessary
educational, physical, mental and emotional health 
23needs of the child.
For purposes of this Section, the term 
 
 
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1"child" shall include any child under
age 18 and
any child 
2under age 19 or younger who is still attending high school.

3  (1) Child support guidelines. The Department of 
4 Healthcare and Family Services shall adopt rules 
5 establishing child support guidelines which include 
6 worksheets to aid in the calculation of the child support 
7 award and a table that reflects the percentage of combined 
8 net income that parents living in the same household in 
9 this State ordinarily spend on their children. The child 
10 support guidelines have the following purposes:
11   (A) to establish as State policy an adequate 
12 standard of support for children, subject to the 
13 ability of parents to pay;
14   (B) to make awards more equitable by ensuring more 
15 consistent treatment of persons in similar 
16 circumstances;
17   (C) to improve the efficiency of the court process 
18 by promoting settlements and giving courts and the 
19 parties guidance in establishing levels of awards;
20   (D) to calculate child support based upon the 
21 parents' combined adjusted net income estimated to 
22 have been allocated to the child if the parents and 
23 children were living in an intact household;
24   (E) to adjust the child support based upon the 
25 needs of the children;
and
26   (F) to allocate the amount of child support to be 
 
 
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1 paid by each parent based upon the child support and 
2 the child's physical care arrangements.
3  (2) Duty of support. The court shall award child 
4 support in each case by applying the child support 
5 guidelines unless the court makes a finding that 
6 application of the guidelines would be inappropriate, 
7 after considering the best interest of the child in light 
8 of evidence which shows relevant factors including, but not 
9 limited to, one or more of the following:
10   (A) the financial resources and needs of the child;
11   (B) the financial resources and needs of the 
12 custodial parent;
13   (C) the standard of living the child would have 
14 enjoyed had the marriage or civil union not been 
15 dissolved;
16   (D) the physical and emotional condition of the 
17 child and his or her educational needs; and
18   (E) the financial resources and needs of the 
19 noncustodial parent.
20  (3) Income.
21   (A) As used in this Section, "gross income" means 
22 the total of all income from all sources, except "gross 
23 income" does not include (i) benefits received by the 
24 parent from means-tested public assistance programs, 
25 including, but not limited to, Temporary Assistance to 
26 Needy Families, Supplemental Security Income, and the 
 
 
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1 Supplemental Nutrition Assistance Program or (ii) 
2 benefits and income received by the parent for other 
3 children in the household, including, but not limited 
4 to, child support, survivor benefits, and foster care 
5 payments. Social security disability and retirement 
6 benefits paid for the benefit of the subject child must 
7 be included in the disabled or retired parent's gross 
8 income for purposes of calculating the parent's child 
9 support obligation, but the parent is entitled to a 
10 child support credit for the amount of benefits paid to 
11 the other parent for the child. Spousal support or 
12 spousal maintenance received pursuant to a court order 
13 in the pending proceedings or any other proceedings 
14 must be included in the recipient's gross income for 
15 purposes of calculating the parent's child support 
16 obligation.
17   (B) As used in this Section, "net income" means 
18 gross income minus either the standardized tax amount 
19 calculated pursuant to subparagraph (C) of this 
20 paragraph (3) or the individualized tax amount 
21 calculated pursuant to subparagraph (D) of this 
22 paragraph (3), and minus any adjustments pursuant to 
23 subparagraph (F) of this paragraph (3). The 
24 standardized tax amount shall be used unless the 
25 requirements for an individualized tax amount set 
26 forth in subparagraph (F) of this paragraph (3) are 
 
 
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1 met. 
2   (C) As used in this Section, "standardized tax 
3 amount" means the total of federal and state income 
4 taxes for a single person claiming the standard tax 
5 deduction, one personal exemption, and the applicable 
6 number of dependency exemptions for the minor child or 
7 children of the parties, and Social Security tax and 
8 Medicaid tax calculated at the Federal Insurance 
9 Contributions Act rate.
10    (I) Unless a court has previously determined 
11 otherwise or the parties otherwise agree, the 
12 custodial parent shall be deemed entitled to claim 
13 the dependency exemption for the parties' minor 
14 child or children.
15    (II) The Department of Healthcare and Family 
16 Services shall promulgate a chart that computes 
17 net income by deducting the standardized tax 
18 amount from gross income.
19   (D) As used in this Section, "individualized tax 
20 amount" means the aggregate of the following taxes:
21    (I) federal income tax (properly calculated 
22 withholding or estimated payments);
23    (II) State income tax (properly calculated 
24 withholding or estimated payments); and
25    (III) Social Security (or, if none, mandatory 
26 retirement contributions required by law or as a 
 
 
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1 condition of employment) and Medicare tax 
2 calculated at the Federal Insurance Contributions 
3 Act rate.
4   (E) In lieu of a standardized tax amount, a 
5 determination of an individualized tax amount may be 
6 made under items (I), (II), or (III) below. If an 
7 individualized tax amount determination is made under 
8 this subparagraph (E), all relevant tax attributes 
9 (including filing status, allocation of dependency 
10 exemptions, and whether a party is to claim the 
11 standard deduction or itemized deductions for federal 
12 income tax purposes) shall be as the parties agree or 
13 as the court determines. To determine a party's 
14 reported income, the court may order the party to 
15 complete an Internal Revenue Service Form 4506-T, 
16 Request for Tax Transcript. 
17    (I) Agreement. Irrespective of whether the 
18 parties agree on any other issue before the court, 
19 if they jointly stipulate for the record their 
20 concurrence on a computation method for the 
21 individualized tax amount that is different from 
22 the method set forth under subparagraph (D), the 
23 stipulated method shall be used by the court unless 
24 the court rejects the proposed stipulated method 
25 for good cause.
26    (II) Summary hearing. If the court determines 
 
 
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1 child support in a summary hearing under Section 
2 501 and an eligible party opts in to the 
3 computation method under this item (II), the 
4 individualized tax amount shall be determined by 
5 the court on the basis of information contained in 
6 one or both parties' financial disclosure 
7 statement, financial affidavit, or similar 
8 instrument and relevant supporting documents under 
9 applicable court rules. No party, however, is 
10 eligible to opt in unless the party, under 
11 applicable rules, has served the other party with 
12 the required statement, affidavit, or other 
13 instrument and has also substantially turned over 
14 supporting documents to the extent required by the 
15 applicable rule at the time of service of the 
16 statement, affidavit, or other instrument.
17    (III) Evidentiary hearing. If the court 
18 determines child support in an evidentiary 
19 hearing, whether for purposes of a temporary order 
20 or at the conclusion of a proceeding, item (II) of 
21 this subparagraph (E) does not apply. In each such 
22 case (unless item (I) governs), the individualized 
23 tax amount shall be as determined by the court on 
24 the basis of the record established. 
25   (F) Adjustments to gross income.
26    (I) If a parent also is legally responsible for 
 
 
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1 support of children not shared with the other 
2 parent and not subject to the present proceeding, 
3 there shall be an adjustment to gross income as 
4 follows:
5     (i) The amount of child support actually 
6 paid by the parent pursuant to a support order 
7 shall be deducted from the parent's gross 
8 income.
9     (ii) The amount of financial support 
10 actually paid by the parent for children living 
11 in or outside of that parent's household or 75% 
12 of the support the parent would pay under the 
13 child support guidelines, whichever is less, 
14 shall be deducted from that parent's gross 
15 income.
16    (II) Obligations pursuant to a court order for 
17 maintenance in the pending proceeding actually 
18 paid or payable under Section 504 to the same party 
19 to whom child support is to be payable shall be 
20 deducted from the parent's gross income.
21  (3.1) Business income.
For purposes of calculating 
22 child support, net business income from the operation of a 
23 business means gross receipts minus ordinary and necessary 
24 expenses required to carry on the trade or business. As 
25 used in this paragraph, "business" includes, but is not 
26 limited to, sole proprietorships, closely held 
 
 
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1 corporations, partnerships, other flow-through business 
2 entities, and self-employment. The court shall apply the 
3 following:
4   (A) The accelerated component of depreciation and 
5 any business expenses determined either judicially or 
6 administratively to be inappropriate or excessive 
7 shall be excluded from the total of ordinary and 
8 necessary business expenses to be deducted in the 
9 determination of net business income from gross 
10 business income.
11   (B) Any item of reimbursement or in-kind payment 
12 received by a parent from the business, including, but 
13 not limited to, a company car, free housing or a 
14 housing allowance, or reimbursed meals, shall be 
15 counted as income if not otherwise included in the 
16 recipient's gross income, if the item is significant in 
17 amount and reduces personal expenses. 
18  (3.2) Unemployment or underemployment.
If a parent is 
19 voluntarily unemployed or underemployed, child support 
20 shall be calculated based on a determination of potential 
21 income. A determination of potential income shall be made 
22 by determining employment potential and probable earnings 
23 level based on the obligor's work history, occupational 
24 qualifications, prevailing job opportunities, the 
25 ownership by a parent of a substantial non-income producing 
26 asset, and earnings levels in the community. If there is 
 
 
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1 insufficient work history to determine employment 
2 potential and probable earnings level, there shall be a 
3 rebuttable presumption that the parent's potential income 
4 is 75% of the most recent United States Department of 
5 Health and Human Services Federal Poverty Guidelines for a 
6 family of one person.
7  (3.3) Minimum orders.
There is a rebuttable 
8 presumption in any judicial or administrative proceeding 
9 for child support that the amount of the award which would 
10 result from the application of the child support guidelines 
11 is the correct amount of child support to be awarded. 
12  There is a rebuttable presumption that a minimum child 
13 support obligation of $40 per month, per child, will be 
14 entered for a payor parent who has actual or imputed income 
15 at or less than 75% of the most recent United States 
16 Department of Health and Human Services Federal Poverty 
17 Guidelines for a family of one person, with a maximum total 
18 child support obligation for that payor of $120 per month 
19 to be divided equally among all of the payor parent's 
20 children.
21  For parents with no gross income, including those who 
22 receive only means-tested assistance or who cannot work due 
23 to a medically proven disability, incarceration, or 
24 institutionalization, there is a rebuttable presumption 
25 that the $40 per month minimum support order is 
26 inappropriate and a zero dollar order shall be entered. 
 
 
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1  (3.4) Deviation factors.
In any action to establish or 
2 modify child support, whether temporary or permanent, the 
3 child support guidelines shall be used as a rebuttable 
4 presumption for the establishment or modification of the 
5 amount of child support. The court may deviate from the 
6 child support guidelines if the application would be 
7 inequitable, unjust, or inappropriate. Any deviation shall 
8 be accompanied by written findings by the court specifying 
9 the reasons for the deviation and the presumed amount under 
10 the child support guidelines without a deviation. These 
11 reasons may include:
12   (A) extraordinary medical expenditures necessary 
13 to preserve the life or health of a party or a child of 
14 either or both of the parties;
15   (B) additional expenses incurred for a child 
16 subject to the child support order who has special 
17 medical, physical, or developmental needs; and
18   (C) any other factor the court determines should be 
19 applied upon a finding that the application of the 
20 child support guidelines would be inappropriate, after 
21 considering the best interest of the child. 
22  (3.5) Income in excess of table. A court may use 
23 discretion to determine child support if the combined 
24 adjusted gross income exceeds the uppermost levels of the 
25 schedule of basic child support obligations, except that 
26 the presumptive basic child support obligation shall not be 
 
 
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1 less than it would be based on the highest level of 
2 adjusted gross income set forth in the schedule of basic 
3 child support obligations. 
4  (3.6) Extracurricular activities and school expenses.

5 The court, in its discretion, in addition to the basic 
6 child support obligation, may order either or both parents 
7 owing a duty of support to the child to contribute to the 
8 reasonable school and extracurricular activity expenses 
9 incurred which are intended to enhance the educational, 
10 athletic, social, or cultural development of the child.
11  (3.7) Child care expenses.
The court, in its 
12 discretion, in addition to the basic child support 
13 obligation, may order either or both parents owing a duty 
14 of support to the child to contribute to the reasonable 
15 child care expenses of the child. The child care expenses 
16 shall be made payable directly to a party or directly to 
17 the child care provider at the time of services. 
18   (A) As used in this paragraph (3.7), "child care 
19 expenses" means actual annualized monthly child care 
20 expenses reasonably necessary to enable a parent or 
21 non-parent custodian to be employed, attend education 
22 and training activities, or job search, and includes 
23 after-school care and all work-related child care 
24 expenses incurred while receiving education or 
25 training to improve employment opportunities. "Child 
26 care expenses" includes deposits for the retention of 
 
 
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1 securing placement in child care programs. "Child care 
2 expenses" may include camps when school is not in 
3 session. Parties may agree on additional day camps. 
4 Child care expenses due to a child's special needs 
5 shall be a consideration in determining reasonable 
6 child care expenses for a child with special needs.
7   (B) Child care expenses shall be calculated as set 
8 forth in this paragraph. Child care expenses shall be 
9 prorated in proportion to each parent's percentage 
10 share of combined parental net income, and added to the 
11 basic child support obligation. The obligor's portion 
12 of actual child care expenses shall appear in the 
13 support order. The obligee's share of child care 
14 expenses shall be paid by the obligee directly to the 
15 child care provider.
16   (C) The amount of child care expenses shall be 
17 adequate to obtain reasonable and necessary child 
18 care. The family's actual child care expenses shall be 
19 used to calculate the child care expense 
20 contributions, if available. When actual child care 
21 expenses vary, the actual child care expenses shall be 
22 averaged over the most recent 12-month period. When the 
23 parent is temporarily unemployed or temporarily not 
24 attending school, then child care expenses shall be 
25 based upon prospective expenses to be incurred upon 
26 return to employment.
 
 
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1   (D) An order for child care expenses may be 
2 modified upon a showing of a substantial change in 
3 circumstances. Persons incurring child care expenses 
4 shall notify the obligor within 14 days of any change 
5 in the amount of child care expenses that would affect 
6 the annualized child care amount as determined in the 
7 support order. 
8  (3.8) Shared parenting. If each parent exercises 146 or 
9 more overnights per year with the child, the basic child 
10 support obligation is multiplied by 1.5 to calculate the 
11 shared care child support obligation. The child support 
12 obligation is then computed for each parent by multiplying 
13 that parent's portion of the shared care support obligation 
14 by the percentage of time the child spends with the other 
15 parent. The respective child support obligations are then 
16 offset, with the parent owing more child support paying the 
17 difference between the 2 amounts. Child support for cases 
18 with shared physical care are calculated using a child 
19 support worksheet promulgated by the Department of 
20 Healthcare and Family Services. An adjustment for shared 
21 physical care is made only when each parent has the child 
22 for 146 or more overnights per year.
23  (3.9) Split care.
Split care refers to a situation in 
24 which there is more than one child and each parent has 
25 physical care of at least one but not all of the children. 
26 In a split care situation, the support is calculated by 
 
 
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1 using 2 child support worksheets to determine the support 
2 each parent owes the other. The resulting obligations are 
3 then offset, with one parent owing the other the difference 
4 as a child support order. The support shall be calculated 
5 as follows:
6   (A) compute the support the first parent would owe 
7 to other parent as if the child in his or her care was 
8 the only child of the parties; then
9   (B) compute the support the other parent would owe 
10 to the first parent as if the child in his or her care 
11 were the only child of the parties; then
12   (C) subtract the lesser support obligation from 
13 the greater.
14  The parent who owes the greater obligation shall be 
15 ordered to pay the difference in support to the other 
16 parent, unless the court determines, pursuant to other 
17 provisions of this Section, that it should deviate from the 
18 guidelines. 
19  (4) Health care.
20   (A) A portion of the basic child support obligation 
21 is intended to cover basic ordinary out-of-pocket 
22 medical expenses. The court, in its discretion, in 
23 addition to the basic child support obligation, shall 
24 also provide for the child's current and future medical 
25 needs by ordering either or both parents to initiate 
26 health or medical coverage for the child through 
 
 
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1 currently effective health or medical insurance 
2 policies held by the parent or parents, purchase either 
3 or all of health or medical, dental, or vision 
4 insurance policies for the child, or provide for the 
5 child's current and future medical needs through some 
6 other manner.
7   (B) The court, in its discretion, may also order 
8 either or both parents to contribute to the reasonable 
9 health care needs of the child not covered by 
10 insurance, including, but not limited to, unreimbursed 
11 medical, dental, orthodontic, or vision expenses and 
12 any prescription medication for the child not covered 
13 under the child's health or medical insurance.
14   (C) If neither parent has access to appropriate 
15 private health care coverage, the court may order:
16    (I) one or both parents to provide health care 
17 coverage at any time it becomes available at a 
18 reasonable cost; or
19    (II) the parent with primary physical 
20 responsibility for the child to apply for public 
21 health care coverage for the child and the other 
22 parent to pay a reasonable amount of the cost for 
23 medical support.
24   If cash medical support is ordered, the order may 
25 also provide that any time private health care coverage 
26 is available at a reasonable cost to that party it will 
 
 
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1 be provided instead of cash medical support. As used in 
2 this Section, "cash medical support" means an amount 
3 ordered to be paid toward the cost of health insurance 
4 provided by a public entity or by another person 
5 through employment or otherwise or for other medical 
6 costs not covered by insurance. 
7   (D) The amount to be added to the basic child 
8 support obligation shall be the actual amount of the 
9 total insurance premium that is attributable to the 
10 child who is the subject of the order. If this amount 
11 is not available or cannot be verified, the total cost 
12 of the premium shall be divided by the total number of 
13 persons covered by the policy. The cost per person 
14 derived from this calculation shall be multiplied by 
15 the number of children who are the subject of the order 
16 and who are covered under the policy. This amount shall 
17 be added to the basic child support obligation and 
18 shall be divided between the parents in proportion to 
19 their adjusted gross incomes.
20   (E) After the health insurance premium for the 
21 child is added to the basic child support obligation 
22 and divided between the parents in proportion to their 
23 respective incomes for child support purposes, if the 
24 obligor is paying the premium, the amount calculated 
25 for the obligee's share of the health insurance premium 
26 for the child shall be deducted from the obligor's 
 
 
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1 share of the total child support obligation. If the 
2 obligee is paying the premium, no further adjustment is 
3 necessary.
4   (F) Prior to allowing the health insurance 
5 adjustment, the parent requesting the adjustment must 
6 submit proof that the child has been enrolled in a 
7 health insurance plan and must submit proof of the cost 
8 of the premium. The court shall require the parent 
9 receiving the adjustment to annually submit proof of 
10 continued coverage of the child to the child support 
11 enforcement unit and to the other parent.
12   (G) A reasonable cost for providing health care 
13 coverage for the child or children may not exceed 5% of 
14 the providing parent's gross income. Parents with a net 
15 income below 133% of the most recent United States 
16 Department of Health and Human Services Federal 
17 Poverty Guidelines or whose child is covered by 
18 Medicaid based on that parent's income may not be 
19 ordered to contribute toward or provide private 
20 coverage, unless private coverage is obtainable 
21 without any financial contribution by that parent.
22   (H) If dental or vision insurance is included as 
23 part of the employer's medical plan, the coverage shall 
24 be maintained for the child. If not included in the 
25 employer's medical plan, adding the dental or vision 
26 insurance for the child is at the discretion of the 


 
 
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1 court.
2   (I) If a parent has been directed to provide health 
3 insurance pursuant to this paragraph and that parent's 
4 spouse or legally recognized partner provides the 
5 insurance for the benefit of the child either directly 
6 or through employment, a credit on the child support 
7 worksheet shall be given to that parent in the same 
8 manner as if the premium were paid by that parent. 

9  (1) The Court shall determine the minimum amount of 
10 support by using the
following guidelines:









































11Number of ChildrenPercent of Supporting Party's
12Net Income
13120%
14228%
15332%
16440%
17545%
186 or more50%
19  (2) The above guidelines shall be applied in each case 
20 unless the court
finds that a deviation from the guidelines 
21 is appropriate after considering the best interest of the 
22 child in light of the evidence, including, but not limited 
23 to, one or more of the following relevant
factors:

24   (a) the financial resources and needs of the child;

25   (b) the financial resources and needs of the 
26 custodial parent;

 
 
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1   (c) the standard of living the child would have 
2 enjoyed had the
marriage not been dissolved;

3   (d) the physical, mental, and emotional needs of 
4 the child;

5   (d-5) the educational needs of the child; and
6   (e) the financial resources and needs of the 
7 non-custodial parent.

8  If the court deviates from the guidelines, the court's 
9 finding
shall state the amount of support that would have 
10 been required under the
guidelines, if determinable. The 
11 court shall include the reason or reasons for
the variance 
12 from the
guidelines.

13  (2.5) The court, in its discretion, in addition to 
14 setting child support pursuant to the guidelines and 
15 factors, may order either or both parents owing a duty of 
16 support to a child of the marriage to contribute to the 
17 following expenses, if determined by the court to be 
18 reasonable:
19   (a) health needs not covered by insurance;
20   (b) child care;
21   (c) education; and
22   (d) extracurricular activities. 
23  (3) "Net income" is defined as the total of all income 
24 from all
sources, minus the following deductions:

25   (a) Federal income tax (properly calculated 
26 withholding or estimated
payments);

 
 
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1   (b) State income tax (properly calculated 
2 withholding or estimated
payments);

3   (c) Social Security (FICA payments);

4   (d) Mandatory retirement contributions required by 
5 law or as a
condition of employment;

6   (e) Union dues;

7   (f) Dependent and individual 
8 health/hospitalization insurance premiums and premiums 
9 for life insurance ordered by the court to reasonably 
10 secure payment of ordered child support; 

11   (g) Prior obligations of support or maintenance 
12 actually paid pursuant
to a court order;

13   (g-5) Obligations pursuant to a court order for 
14 maintenance in the pending proceeding actually paid or 
15 payable under Section 504 to the same party to whom 
16 child support is to be payable; 
17   (h) Expenditures for repayment of debts that 
18 represent reasonable and
necessary expenses for the 
19 production of income, medical expenditures
necessary 
20 to preserve life or health, reasonable expenditures 
21 for the
benefit of the child and the other parent, 
22 exclusive of gifts. The court
shall reduce net income 
23 in determining the minimum amount of support to be

24 ordered only for the period that such payments are due 
25 and shall enter an
order containing provisions for its 
26 self-executing modification upon
termination of such 
 
 
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1 payment period;

2   (i) Foster care payments paid by the Department of 
3 Children and Family Services for providing licensed 
4 foster care to a foster child. 
5  (4) In cases where the court order provides for

6 health/hospitalization insurance coverage pursuant to 
7 Section 505.2 of
this Act, the premiums for that insurance, 
8 or that portion of the premiums
for which the supporting 
9 party is responsible in the case of insurance
provided 
10 through an employer's health insurance plan where
the 
11 employer pays a portion of the premiums, shall be 
12 subtracted
from net income in determining the minimum 
13 amount of support to be ordered.

14  (4.5) In a proceeding for child support following 
15 dissolution of the
marriage or civil union by a court that 
16 lacked personal jurisdiction over the absent spouse,
and in 
17 which the court is requiring payment of support for the 
18 period before
the date an order for current support is 
19 entered, there is a rebuttable
presumption
that the 
20 supporting party's net income for the prior period was the 
21 same as his
or her net income at the time the order for 
22 current support is entered.

23  (5) If the net income cannot be determined because of 
24 default or any
other reason, the court shall order support 
25 in an amount considered
reasonable in the particular case. 
26 The final order in all cases shall
state the support level 
 
 
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1 in dollar amounts.
However, if the
court finds that the 
2 child support amount cannot be expressed exclusively as a

3 dollar amount because all or a portion of the payor's net 
4 income is uncertain
as to source, time of payment, or 
5 amount, the court may order a percentage
amount of support 
6 in addition to a specific dollar amount and enter
such 
7 other orders as may be necessary to determine and enforce, 
8 on a timely
basis, the applicable support ordered.

9  (6) If (i) the non-custodial parent was properly served 
10 with a request
for
discovery of financial information 
11 relating to the non-custodial parent's
ability to
provide 
12 child support, (ii) the non-custodial parent failed to 
13 comply with the
request,
despite having been ordered to do 
14 so by the court, and (iii) the non-custodial
parent is not 
15 present at the hearing to determine support despite having

16 received
proper notice, then any relevant financial 
17 information concerning the
non-custodial parent's ability 
18 to provide child support that was obtained
pursuant to

19 subpoena and proper notice shall be admitted into evidence 
20 without the need to
establish any further foundation for 
21 its admission.

22 (a-5) In an action to enforce an order for support based on 
23the
respondent's failure
to make support payments as required 
24by the order, notice of proceedings to
hold the respondent in 
25contempt for that failure may be served on the
respondent by 
26personal service or by regular mail addressed to the 
 
 
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1respondent's
last known address. The respondent's last known 
2address may be determined from
records of the clerk of the 
3court, from the Federal Case Registry of Child
Support Orders, 
4or by any other reasonable means.

5 (b) Failure of either parent to comply with an order to pay 
6support shall
be punishable as in other cases of contempt. In 
7addition to other
penalties provided by law the court Court 
8may, after finding the parent guilty
of contempt, order that 
9the parent be:

10  (1) placed on probation with such conditions of 
11 probation as the court Court
deems advisable;

12  (2) sentenced to periodic imprisonment for a period not 
13 to exceed 6
months; provided, however, that the court Court 
14 may permit the parent to be
released for periods of time 
15 during the day or night to:

16   (A) work; or

17   (B) conduct a business or other self-employed 
18 occupation.

19 The court Court may further order any part or all of the 
20earnings of a parent
during a sentence of periodic imprisonment 
21paid to the Clerk of the Circuit
Court or to the parent having 
22custody or to the guardian having custody
of the children of 
23the sentenced parent for the support of said
children until 
24further order of the court Court.

25 If a parent who is found guilty of contempt for failure to 
26comply with an order to pay support is a person who conducts a 
 
 
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1business or who is self-employed, the court in addition to 
2other penalties provided by law may order that the parent do 
3one or more of the following: (i) provide to the court monthly 
4financial statements showing income and expenses from the 
5business or the self-employment; (ii) seek employment and 
6report periodically to the court with a diary, listing, or 
7other memorandum of his or her employment search efforts; or 
8(iii) report to the Department of Employment Security for job 
9search services to find employment that will be subject to 
10withholding for child support. 
11 If there is a unity of interest and ownership sufficient to 
12render no
financial separation between a non-custodial parent 
13and another person or
persons or business entity, the court may 
14pierce the ownership veil of the
person, persons, or business 
15entity to discover assets of the non-custodial
parent held in 
16the name of that person, those persons, or that business 
17entity.
The following circumstances are sufficient to 
18authorize a court to order
discovery of the assets of a person, 
19persons, or business entity and to compel
the application of 
20any discovered assets toward payment on the judgment for

21support:

22  (1) the non-custodial parent and the person, persons, 
23 or business entity
maintain records together.

24  (2) the non-custodial parent and the person, persons, 
25 or business entity
fail to maintain an arm's length 
26 relationship between themselves with regard to
any assets.

 
 
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1  (3) the non-custodial parent transfers assets to the 
2 person, persons,
or business entity with the intent to 
3 perpetrate a fraud on the custodial
parent.

4 With respect to assets which
are real property, no order 
5entered under this paragraph shall affect the
rights of bona 
6fide purchasers, mortgagees, judgment creditors, or other lien

7holders who acquire their interests in the property prior to 
8the time a notice
of lis pendens pursuant to the Code of Civil 
9Procedure or a copy of the order
is placed of record in the 
10office of the recorder of deeds for the county in
which the 
11real property is located.

12 The court may also order in cases where the parent is 90 
13days or more
delinquent in payment of support or has been 
14adjudicated in arrears in an
amount equal to 90 days obligation 
15or more, that the parent's Illinois driving
privileges be 
16suspended until the court
determines that the parent is in 
17compliance with the order of support.
The court may also order 
18that the parent be issued a family financial
responsibility 
19driving permit that would allow limited driving privileges for

20employment and medical purposes in accordance with Section 
217-702.1 of the
Illinois Vehicle Code. The Clerk of the Circuit 
22Court clerk of the circuit court shall certify the order

23suspending the driving privileges of the parent or granting the 
24issuance of a
family financial responsibility driving permit to 
25the Secretary of State on
forms prescribed by the Secretary. 
26Upon receipt of the authenticated
documents, the Secretary of 
 
 
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1State shall suspend the parent's driving privileges
until 
2further order of the court and shall, if ordered by the court, 
3subject to
the provisions of Section 7-702.1 of the Illinois 
4Vehicle Code, issue a family
financial responsibility driving 
5permit to the parent.

6 In addition to the penalties or punishment that may be 
7imposed under this
Section, any person whose conduct 
8constitutes a violation of Section 15 of the
Non-Support 
9Punishment Act may be prosecuted under that Act, and a person

10convicted under that Act may be sentenced in accordance with 
11that Act. The
sentence may include but need not be limited to a 
12requirement that the person
perform community service under 
13Section 50 of that Act or participate in a work
alternative 
14program under Section 50 of that Act. A person may not be 
15required
to participate in a work alternative program under 
16Section 50 of that Act if
the person is currently participating 
17in a work program pursuant to Section
505.1 of this Act.

18 A support obligation, or any portion of a support 
19obligation, which becomes
due and remains unpaid as of the end 
20of each month, excluding the child support that was due for 
21that month to the extent that it was not paid in that month, 
22shall accrue simple interest as set forth in Section 12-109 of 
23the Code of Civil Procedure.
An order for support entered or 
24modified on or after January 1, 2006 shall
contain a statement 
25that a support obligation required under the order, or any

26portion of a support obligation required under the order, that 
 
 
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1becomes due and
remains unpaid as of the end of each month, 
2excluding the child support that was due for that month to the 
3extent that it was not paid in that month, shall accrue simple 
4interest as set forth in Section 12-109 of the Code of Civil 
5Procedure. Failure to include the statement in the order for 
6support does
not affect the validity of the order or the 
7accrual of interest as provided in
this Section.

8 (c) A one-time charge of 20% is imposable upon the amount 
9of
past-due child support owed on July 1, 1988 which has 
10accrued under a
support order entered by the court. The charge 
11shall be imposed in
accordance with the provisions of Section 
1210-21 of the Illinois Public Aid
Code and shall be enforced by 
13the court upon petition.

14 (d) Any new or existing support order entered by the court

15under this Section shall be deemed to be a series of judgments 
16against the
person obligated to pay support thereunder, each 
17such judgment to be in the
amount of each payment or 
18installment of support and each such judgment to
be deemed 
19entered as of the date the corresponding payment or installment

20becomes due under the terms of the support order. Each such 
21judgment shall
have the full force, effect and attributes of 
22any other judgment of this
State, including the ability to be 
23enforced.
Notwithstanding any other State or local law to the 
24contrary, a lien arises by operation of law against the real 
25and personal property of
the noncustodial parent for each 
26installment of overdue support owed by the
noncustodial parent.

 
 
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1 (e) When child support is to be paid through the Clerk of 
2the Court clerk of the court in a
county of 1,000,000 
3inhabitants or less, the order shall direct the obligor
to pay 
4to the Clerk clerk, in addition to the child support payments, 
5all fees
imposed by the county board under paragraph (3) of 
6subsection (u) of
Section 27.1 of the Clerks of Courts Act. 
7Unless paid in cash or pursuant to
an order for withholding, 
8the payment of the fee shall be by a separate
instrument from 
9the support payment and shall be made to the order of the

10Clerk.

11 (f) All orders for support, when entered or
modified, shall 
12include a provision requiring the obligor to notify
the court 
13and, in cases in which a party is receiving child and spouse

14services under Article X of the Illinois Public Aid Code, the

15Department of Healthcare and Family Services, within 7 days, 
16(i) of the name and address
of any new employer of the obligor, 
17(ii) whether the obligor has access to
health insurance 
18coverage through the employer or other group coverage and,
if 
19so, the policy name and number and the names of persons covered 
20under
the policy, and (iii) of any new residential or mailing 
21address or telephone
number of the non-custodial parent. In any 
22subsequent action to enforce a
support order, upon a sufficient 
23showing that a diligent effort has been made
to ascertain the 
24location of the non-custodial parent, service of process or

25provision of notice necessary in the case may be made at the 
26last known
address of the non-custodial parent in any manner 
 
 
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1expressly provided by the
Code of Civil Procedure or this Act, 
2which service shall be sufficient for
purposes of due process.

3 (g) An order for support shall include a date on which the 
4current
support obligation terminates. The termination date 
5shall be no earlier than
the date on which the child covered by 
6the order will attain the age of
18. However, if the child will 
7not graduate from high school until after
attaining the age of 
818, then the termination date shall be no earlier than the

9earlier of the date on which the child's high school graduation 
10will occur or
the date on which the child will attain the age 
11of 19. The order for support
shall state that the termination 
12date does not apply to any arrearage that may
remain unpaid on 
13that date. Nothing in this subsection shall be construed to

14prevent the court from modifying the order or terminating the 
15order in the
event the child is otherwise emancipated.

16 (g-5) If there is an unpaid arrearage or delinquency (as 
17those terms are defined in the Income Withholding for Support 
18Act) equal to at least one month's support obligation on the 
19termination date stated in the order for support or, if there 
20is no termination date stated in the order, on the date the 
21child attains the age of majority or is otherwise emancipated, 
22the periodic amount required to be paid for current support of 
23that child immediately prior to that date shall automatically 
24continue to be an obligation, not as current support but as 
25periodic payment toward satisfaction of the unpaid arrearage or 
26delinquency. That periodic payment shall be in addition to any 
 
 
HB3982- 31 -LRB099 03583 HEP 31770 b


1periodic payment previously required for satisfaction of the 
2arrearage or delinquency. The total periodic amount to be paid 
3toward satisfaction of the arrearage or delinquency may be 
4enforced and collected by any method provided by law for 
5enforcement and collection of child support, including but not 
6limited to income withholding under the Income Withholding for 
7Support Act. Each order for support entered or modified on or 
8after the effective date of this amendatory Act of the 93rd 
9General Assembly must contain a statement notifying the parties 
10of the requirements of this subsection. Failure to include the 
11statement in the order for support does not affect the validity 
12of the order or the operation of the provisions of this 
13subsection with regard to the order. This subsection shall not 
14be construed to prevent or affect the establishment or 
15modification of an order for support of a minor child or the 
16establishment or modification of an order for support of a 
17non-minor child or educational expenses under Section 513 of 
18this Act.

19 (h) An order entered under this Section shall include a 
20provision requiring
the obligor to report to the obligee and to 
21the Clerk of Court clerk of court within 10 days
each time the 
22obligor obtains new employment, and each time the obligor's

23employment is terminated for any reason. The report shall be in 
24writing and
shall, in the case of new employment, include the 
25name and address of the new
employer. Failure to report new 
26employment or the termination of current
employment, if coupled 
 
 
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1with nonpayment of support for a period in excess of 60
days, 
2is indirect criminal contempt. For any obligor arrested for 
3failure to
report new employment bond shall be set in the 
4amount of the child support that
should have been paid during 
5the period of unreported employment. An order
entered under 
6this Section shall also include a provision requiring the 
7obligor
and obligee parents to advise each other of a change in 
8residence within 5 days
of the change except when the court 
9finds that the physical, mental, or
emotional health of a party 
10or that of a child, or both, would be
seriously endangered by 
11disclosure of the party's address.

12 (i) The court does not lose the powers of contempt, 
13driver's license
suspension, or other child support 
14enforcement mechanisms, including, but
not limited to, 
15criminal prosecution as set forth in this Act, upon the

16emancipation of the minor child or children.

17(Source: P.A. 97-186, eff. 7-22-11; 97-608, eff. 1-1-12; 
1897-813, eff. 7-13-12; 97-878, eff. 8-2-12; 97-941, eff. 1-1-13; 
1997-1029, eff. 1-1-13; 98-463, eff. 8-16-13; 98-961, eff. 
201-1-15.)





21 (750 ILCS 5/510) (from Ch. 40, par. 510)



22 Sec. 510. Modification and termination of provisions for

23maintenance, support, educational expenses, and property 
24disposition.

25 (a) Except as otherwise provided in paragraph (f) of 
 
 
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1Section 502 and
in subsection (b), clause (3) of Section 505.2, 
2the provisions of any
judgment respecting maintenance or 
3support may be modified only as to
installments accruing 
4subsequent to due notice by the moving party of the
filing of 
5the motion for modification. An order for child
support may be 
6modified as follows:


7  (1) upon a showing of a substantial change in 
8 circumstances; and


9  (2) without the necessity of showing a substantial 
10 change in
circumstances, as follows:


11   (A) upon a showing of an inconsistency of at least 
12 20%, but no
less than $10 per month, between the amount 
13 of the existing order and the
amount of child support 
14 that results from application of the guidelines

15 specified in Section 505 of this Act unless the 
16 inconsistency is due to the
fact that the amount of the 
17 existing order resulted from a deviation from the

18 guideline amount and there has not been a change in the 
19 circumstances that
resulted in that deviation; or


20   (B) upon a showing of a need to provide for the 
21 health care needs
of the child under the order through 
22 health insurance or other means. In no
event shall the 
23 eligibility for or receipt of medical assistance be 
24 considered
to meet the need to provide for the child's 
25 health care needs.

26 The provisions of subparagraph (a)(2)(A) shall apply only

 
 
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1in cases in which a party is receiving child support

2enforcement services from the Department of Healthcare and 
3Family Services under
Article X of the Illinois Public Aid 
4Code, and only when at least 36
months have elapsed since the 
5order for child support was entered or last
modified.

6 The court may grant a petition for modification that seeks 
7to apply the changes made to subsection (a) of Section 505 by 
8this amendatory Act of the 99th General Assembly to an order 
9entered before the effective date of this amendatory Act of the 
1099th General Assembly only upon a finding of a substantial 
11change in circumstances that warrants application of the 
12changes. The enactment of this amendatory Act of the 99th 
13General Assembly itself does not constitute a substantial 
14change in circumstances warranting a modification.
15 (a-5) An order for maintenance may be modified or 
16terminated only upon a
showing of a substantial change in 
17circumstances. In all such proceedings, as
well as in 
18proceedings in which maintenance is being reviewed, the court 
19shall
consider the applicable factors set forth in subsection 
20(a) of Section 504 and
the following factors:


21  (1) any change in the employment status of either party 
22 and whether the
change has been made
in good faith;


23  (2) the efforts, if any, made by the party receiving 
24 maintenance to become
self-supporting, and
the 
25 reasonableness of the efforts where they are appropriate;


26  (3) any impairment of the present and future earning 
 
 
HB3982- 35 -LRB099 03583 HEP 31770 b


1 capacity of either
party;


2  (4) the tax consequences of the maintenance payments 
3 upon the respective
economic
circumstances of the parties;


4  (5) the duration of the maintenance payments 
5 previously paid (and
remaining to be paid) relative
to the 
6 length of the marriage;


7  (6) the property, including retirement benefits, 
8 awarded to each party
under the judgment of
dissolution of 
9 marriage, judgment of legal separation, or judgment of

10 declaration of invalidity of
marriage and the present 
11 status of the property;


12  (7) the increase or decrease in each party's income 
13 since the prior
judgment or order from which
a review, 
14 modification, or termination is being sought;


15  (8) the property acquired and currently owned by each 
16 party after the
entry of the judgment of
dissolution of 
17 marriage, judgment of legal separation, or judgment of

18 declaration of invalidity of
marriage; and


19  (9) any other factor that the court expressly finds to 
20 be just and
equitable.

21 (b) The provisions as to property disposition may not be 
22revoked or
modified,
unless the court finds the existence of 
23conditions that justify the
reopening of a judgment under the 
24laws of this State.

25 (c) Unless otherwise agreed by the parties in a written 
26agreement
set forth in the judgment or otherwise approved by 
 
 
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1the court, the obligation
to pay future maintenance is 
2terminated upon the death of either party, or
the remarriage of 
3the party receiving maintenance, or if the party
receiving 
4maintenance cohabits with another person on a resident,

5continuing conjugal basis. Any obligation of a payor party for 
6premium payments respecting insurance on such party's life 
7imposed under subsection (f) of Section 504 is also terminated 
8on the occurrence of any of the foregoing events, unless 
9otherwise agreed by the parties. Any termination of an 
10obligation for maintenance as a result of the death of the 
11payor party, however, shall be inapplicable to any right of the 
12other party or such other party's designee to receive a death 
13benefit under such insurance on the payor party's life. 

14 (d) Unless otherwise provided in this Act, or as agreed in 
15writing or
expressly
provided in the
judgment, provisions for 
16the support of a child are terminated by emancipation
of the

17child, or if the child has attained the age of 18 and is still 
18attending
high school,
provisions for the support of the child 
19are terminated upon the date that the
child
graduates from high 
20school or the date the child attains the age of 19,
whichever 
21is
earlier, but not by the death of a parent obligated to 
22support or educate the
child.
An existing obligation to pay for 
23support
or educational expenses, or both, is not terminated by 
24the death of a
parent. When a parent obligated to pay support 
25or educational
expenses, or both, dies, the amount of support 
26or educational expenses, or
both, may be enforced, modified, 
 
 
HB3982- 37 -LRB099 03583 HEP 31770 b


1revoked or commuted to a lump sum payment,
as equity may 
2require, and that determination may be provided for at the
time 
3of the dissolution of the marriage or thereafter.

4 (e) The right to petition for support or educational 
5expenses, or both,
under Sections 505 and 513 is not 
6extinguished by the death of a parent.
Upon a petition filed 
7before or after a parent's death, the court may award
sums of 
8money out of the decedent's estate for the child's support or

9educational expenses, or both, as equity may require. The time 
10within
which a claim may be filed against the estate of a 
11decedent under Sections
505 and 513 and subsection (d) and this 
12subsection shall be governed by the
provisions of the Probate 
13Act of 1975, as a barrable, noncontingent claim.

14 (f) A petition to modify or terminate child support, 
15custody, or
visitation shall not delay any child support 
16enforcement litigation or
supplementary proceeding on behalf 
17of the obligee, including, but not limited
to, a petition for a 
18rule to show cause, for non-wage garnishment, or for a

19restraining order.

20(Source: P.A. 97-608, eff. 1-1-12.)