Bill Text: IL SB0069 | 2017-2018 | 100th General Assembly | Chaptered

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Bill Title: Amends the Illinois Marriage and Dissolution of Marriage Act. Combines the changes made to the Section concerning child support by Public Act 99-90, Public Act 99-763, and Public Act 99-764. Adds provisions concerning the computation of the basic child support obligation. Makes changes concerning the child support guidelines, the duty of support, income calculation, presumptions in favor of the child support guidelines, minimum child support obligations, income greater than the support schedule, child care expenses, shared and split physical care, and health care. Replaces references to "supporting parent" and "payor" with references to "obligor". Makes other changes. Effective July 1, 2017.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2017-06-30 - Public Act . . . . . . . . . 100-0015 [SB0069 Detail]

Download: Illinois-2017-SB0069-Chaptered.html

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Public Act 100-0015
SB0069 Enrolled LRB100 04736 HEP 15946 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Section 505 of the Illinois Marriage and
Dissolution of Marriage Act was amended by Public Act 99-763,
effective January 1, 2017, and Public Act 99-764, effective
July 1, 2017. One of these Public Acts used a version of
Section 505 that had not yet incorporated the changes made by
Public Act 99-90, effective January 1, 2016. This bill
incorporates the changes made to Section 505 by Public Acts
99-90, 99-763, and 99-764, and makes additional changes.
Section 5. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Sections 505 and 510 as
follows:
(750 ILCS 5/505) (from Ch. 40, par. 505)
Sec. 505. Child support; contempt; penalties.
(a) In a proceeding for dissolution of marriage, legal
separation, declaration of invalidity of marriage, dissolution
of a civil union, a proceeding for child support following
dissolution of the marriage or civil union by a court that
lacked personal jurisdiction over the absent spouse, a
proceeding for modification of a previous order for child

support under Section 510 of this Act, or any proceeding
authorized under Section 501 or 601 of this Act, the court may
order either or both parents owing a duty of support to a child
of the marriage or civil union to pay an amount reasonable and
necessary for support. The duty of support owed to a child
includes the obligation to provide for the reasonable and
necessary physical, mental and emotional health needs of the
child. For purposes of this Section, the term "child" shall
include any child under age 18 and any child age 19 or younger
who is still attending high school. For purposes of this
Section, the term "obligor" "supporting parent" means the
parent obligated to pay support to the other parent.
(1) Child support guidelines. The Illinois Department
of Healthcare and Family Services shall adopt rules
establishing child support guidelines which include
worksheets to aid in the calculation of the child support
obligations award and a schedule of basic child support
obligations table that reflects the percentage of combined
net income that parents living in the same household in
this State ordinarily spend on their child children. The
child support guidelines have the following purposes:
(A) to establish as State policy an adequate
standard of support for a child children, subject to
the ability of parents to pay;
(B) to make child support obligations awards more
equitable by ensuring more consistent treatment of

parents persons in similar circumstances;
(C) to improve the efficiency of the court process
by promoting settlements and giving courts and the
parties guidance in establishing levels of child
support awards;
(D) to calculate child support based upon the
parents' combined adjusted net income estimated to
have been allocated for to the support of the child if
the parents and child children were living in an intact
household;
(E) to adjust the child support based upon the
needs of the child children; and
(F) to allocate the amount of child support to be
paid by each parent based upon a parent's net income
the child support and the child's physical care
arrangements.
(1.5) Computation of basic child support obligation.
The court shall compute the basic child support obligation
by taking the following steps:
(A) determine each parent's monthly net income;
(B) add the parents' monthly net incomes together
to determine the combined monthly net income of the
parents;
(C) select the corresponding appropriate amount
from the schedule of basic child support obligations
based on the parties' combined monthly net income and

number of children of the parties; and
(D) calculate each parent's percentage share of
the basic child support obligation.
Although a monetary obligation is computed for each
parent as child support, the receiving parent's share is
not payable to the other parent and is presumed to be spent
directly on the child.
(2) Duty of support. The court shall determine award
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 interest of the child
and in light of evidence which shows relevant factors
including, but not limited to, one or more of the
following:
(A) the financial resources and needs of the child;
(B) the financial resources and needs of the
parents custodial parent;
(C) the standard of living the child would have
enjoyed had the marriage or civil union not been
dissolved; and
(D) the physical and emotional condition of the
child and his or her educational needs. ; and
(E) the financial resources and needs of the
noncustodial parent.
(3) Income.

(A) As used in this Section, "gross income" means
the total of all income from all sources, except "gross
income" does not include (i) benefits received by the
parent from means-tested public assistance programs,
including, but not limited to, Temporary Assistance to
Needy Families, Supplemental Security Income, and the
Supplemental Nutrition Assistance Program or (ii)
benefits and income received by the parent for other
children in the household, including, but not limited
to, child support, survivor benefits, and foster care
payments. Social security disability and retirement
benefits paid for the benefit of the subject child must
be included in the disabled or retired parent's gross
income for purposes of calculating the parent's child
support obligation, but the parent is entitled to a
child support credit for the amount of benefits paid to
the other party parent for the child. "Gross income"
also includes Spousal support or spousal maintenance
received pursuant to a court order in the pending
proceedings or any other proceedings that must be
included in the recipient's gross income for purposes
of calculating the parent's child support obligation.
(B) As used in this Section, "net income" means
gross income minus either the standardized tax amount
calculated pursuant to subparagraph (C) of this
paragraph (3) or the individualized tax amount

calculated pursuant to subparagraph (D) of this
paragraph (3), and minus any adjustments pursuant to
subparagraph (F) of this paragraph (3). The
standardized tax amount shall be used unless the
requirements for an individualized tax amount set
forth in subparagraph (E) (F) of this paragraph (3) are
met.
(C) As used in this Section, "standardized tax
amount" means the total of federal and state income
taxes for a single person claiming the standard tax
deduction, one personal exemption, and the applicable
number of dependency exemptions for the minor child or
children of the parties, and Social Security tax and
Medicare Medicaid tax calculated at the Federal
Insurance Contributions Act rate.
(I) Unless a court has previously determined
otherwise or the parties otherwise agree, the
party with the majority of parenting time
custodial parent shall be deemed entitled to claim
the dependency exemption for the parties' minor
child or children.
(II) The Illinois Department of Healthcare and
Family Services shall promulgate a standardized
net income conversion table chart that computes
net income by deducting the standardized tax
amount from gross income.

(D) As used in this Section, "individualized tax
amount" means the aggregate of the following taxes:
(I) federal income tax (properly calculated
withholding or estimated payments);
(II) State income tax (properly calculated
withholding or estimated payments); and
(III) Social Security or self-employment tax,
if applicable (or, if none, mandatory retirement
contributions required by law or as a condition of
employment) and Medicare tax calculated at the
Federal Insurance Contributions Act rate.
(E) In lieu of a standardized tax amount, a
determination of an individualized tax amount may be
made under items (I), (II), or (III) below. If an
individualized tax amount determination is made under
this subparagraph (E), all relevant tax attributes
(including filing status, allocation of dependency
exemptions, and whether a party is to claim the
standard deduction or itemized deductions for federal
income tax purposes) shall be as the parties agree or
as the court determines. To determine a party's
reported income, the court may order the party to
complete an Internal Revenue Service Form 4506-T,
Request for Tax Transcript.
(I) Agreement. Irrespective of whether the
parties agree on any other issue before the court,

if they jointly stipulate for the record their
concurrence on a computation method for the
individualized tax amount that is different from
the method set forth under subparagraph (D), the
stipulated method shall be used by the court unless
the court rejects the proposed stipulated method
for good cause.
(II) Summary hearing. If the court determines
child support in a summary hearing under Section
501 and an eligible party opts in to the
individualized tax amount computation method under
this item (II), the individualized tax amount
shall be determined by the court on the basis of
information contained in one or both parties'
Supreme Court approved Financial Affidavit (Family &
Divorce Cases) financial disclosure statement,
financial affidavit, or similar instrument and
relevant supporting documents under applicable
court rules. No party, however, is eligible to opt
in unless the party, under applicable court rules,
has served the other party with the required
Supreme Court approved Financial Affidavit (Family &
Divorce Cases) and has substantially produced
supporting documents required by the applicable
court rules statement, affidavit, or other
instrument and has also substantially turned over

supporting documents to the extent required by the
applicable rule at the time of service of the
statement, affidavit, or other instrument.
(III) Evidentiary hearing. If the court
determines child support in an evidentiary
hearing, whether for purposes of a temporary order
or at the conclusion of a proceeding, item (II) of
this subparagraph (E) does not apply. In each such
case (unless item (I) governs), the individualized
tax amount shall be as determined by the court on
the basis of the record established.
(F) Adjustments to gross income.
(I) Multi-family adjustment. If a parent also
is also legally responsible for support of a child
children not shared with the other parent and not
subject to the present proceeding, there shall be
an adjustment to net gross income as follows:
(i) Multi-family adjustment with court
order. The court shall deduct from the parent's
net income the The amount of child support
actually paid by the parent pursuant to a
support order unless the court makes a finding
that it would cause economic hardship to the
child shall be deducted from the parent's gross
income.
(ii) Multi-family adjustment without court

order. Upon the request or application of a
parent actually supporting a presumed,
acknowledged, or adjudicated child living in
or outside of that parent's household, there
shall be an adjustment to child support. The
court shall deduct from the parent's net income
the The amount of financial support actually
paid by the parent for the child children
living in or outside of that parent's household
or 75% of the support the parent should pay
would pay under the child support guidelines
(before this adjustment), whichever is less,
unless the court makes a finding that it would
cause economic hardship to the child. The
adjustment shall be calculated using that
parent's income alone shall be deducted from
that parent's gross income.
(II) Spousal Maintenance adjustment.
Obligations pursuant to a court order for spousal
maintenance in the pending proceeding actually
paid or payable under Section 504 to the same party
to whom child support is to be payable or actually
paid to a former spouse pursuant to a court order
shall be deducted from the parent's gross income.
(3.1) Business income. For purposes of calculating
child support, net business income from the operation of a

business means gross receipts minus ordinary and necessary
expenses required to carry on the trade or business. As
used in this paragraph, "business" includes, but is not
limited to, sole proprietorships, closely held
corporations, partnerships, other flow-through business
entities, and self-employment. The court shall apply the
following:
(A) The accelerated component of depreciation and
any business expenses determined either judicially or
administratively to be inappropriate or excessive
shall be excluded from the total of ordinary and
necessary business expenses to be deducted in the
determination of net business income from gross
business income.
(B) Any item of reimbursement or in-kind payment
received by a parent from a the business, including,
but not limited to, a company car, reimbursed meals,
free housing, or a housing allowance, or reimbursed
meals, shall be counted as income if not otherwise
included in the recipient's gross income, if the item
is significant in amount and reduces personal
expenses.
(3.2) Unemployment or underemployment. If a parent is
voluntarily unemployed or underemployed, child support
shall be calculated based on a determination of potential
income. A determination of potential income shall be made

by determining employment potential and probable earnings
level based on the obligor's work history, occupational
qualifications, prevailing job opportunities, the
ownership by a parent of a substantial non-income producing
asset, and earnings levels in the community. If there is
insufficient work history to determine employment
potential and probable earnings level, there shall be a
rebuttable presumption that the parent's potential income
is 75% of the most recent United States Department of
Health and Human Services Federal Poverty Guidelines for a
family of one person.
(3.3) Rebuttable presumption in favor of guidelines
Minimum orders. There is a rebuttable presumption in any
judicial or administrative proceeding for child support
that the amount of the child support obligation that award
which would result from the application of the child
support guidelines is the correct amount of child support
to be awarded.
(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
an obligor a payor parent who has actual or imputed gross
income at or less than 75% of the most recent United States
Department of Health and Human Services Federal Poverty
Guidelines for a family of one person, with a maximum total
child support obligation for that obligor payor of $120 per

month to be divided equally among all of the obligor's
payor parent's children.
(3.3b) Zero dollar child support order. For parents
with no gross income, including those who receive only
means-tested assistance, or who cannot work due to a
medically proven disability, incarceration, or
institutionalization, there is a rebuttable presumption
that the $40 per month minimum support order is
inapplicable inappropriate 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 permanent, the child
support guidelines shall be used as a rebuttable
presumption for the establishment or modification of the
amount of child support. The court may deviate from the
child support guidelines if the application would be
inequitable, unjust, or inappropriate. Any deviation from
the guidelines shall be accompanied by written findings by
the court specifying the reasons for the deviation and the
presumed amount under the child support guidelines without
a deviation. These reasons may include:
(A) extraordinary medical expenditures necessary
to preserve the life or health of a party or a child of
either or both of the parties;
(B) additional expenses incurred for a child

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

of support to the child to contribute to the reasonable
child care expenses of the child. The child care expenses
shall be made payable directly to a party or directly to
the child care provider at the time of child care services.
(A) "Child As used in this paragraph (3.7), "child
care expenses" means actual annualized monthly child
care expenses reasonably necessary to enable a parent
or non-parent custodian to be employed, to attend
educational or vocational education and training
programs to improve employment opportunities, or to
search for employment. "Child care expenses" also
activities, or job search, and includes after-school
care and all work-related child care expenses incurred
while receiving education or training to improve
employment opportunities. "Child care expenses"
includes deposits for the retention of securing
placement in a child care program, the cost of before
and after school care, and programs. "Child care
expenses" may include camps when school is not in
session. A Parties may agree on additional day camps.
Child care expenses due to a child's special needs
shall be a consideration in determining reasonable
child care expenses for a child with special needs.
(B) Child care expenses shall be calculated as set
forth in this paragraph. Child care expenses shall be
prorated in proportion to each parent's percentage

share of combined parental net income, and may be added
to the basic child support obligation if not paid
directly by each parent to the provider of child care
services. The obligor's and obligee's portion of
actual child care expenses shall appear in the support
order. If allowed, the value of the federal income tax
credit for child care shall be subtracted from the
actual cost to determine the net child care costs. The
obligee's share of child care expenses shall be paid by
the obligee directly to the child care provider.
(C) The amount of child care expenses shall be
adequate to obtain reasonable and necessary child
care. The family's actual child care expenses shall be
used to calculate the child care expenses expense
contributions, if available. When actual child care
expenses vary, the actual child care expenses may shall
be averaged over the most recent 12-month period. When
a the parent is temporarily unemployed or temporarily
not attending educational or vocational training
programs, future school, then 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 Persons incurring child care

expenses shall notify the other party obligor within 14
days of any change in the amount of child care expenses
that would affect the annualized child care amount as
determined in the support order.
(3.8) Shared physical care parenting. If each parent
exercises 146 or more overnights per year with the child,
the basic child support obligation is multiplied by 1.5 to
calculate the shared care child support obligation. The
court shall determine each parent's share of the shared
care child support obligation based on the parent's
percentage share of combined net income. The child support
obligation is then computed for each parent by multiplying
that parent's portion of the shared care support obligation
by the percentage of time the child spends with the other
parent. The respective child support obligations are then
offset, with the parent owing more child support paying the
difference between the child support 2 amounts. The
Illinois Child support for cases with shared physical care
are calculated using a child support worksheet promulgated
by the Department of Healthcare and Family Services shall
promulgate a worksheet to calculate child support in cases
in which the parents have shared physical care and use the
standardized tax amount to determine net income. An
adjustment for shared physical care is made only when each
parent has the child for 146 or more overnights per year.
(3.9) Split physical care. When Split care refers to a

situation in which there is more than one child and each
parent has physical care of at least one but not all of the
children. In a split care situation, the support is
calculated by using 2 child support worksheets to determine
the support each parent owes the other. The resulting
obligations are then offset, with one parent owing the
other the difference as a child support order. The support
shall be calculated as follows:
(A) compute the support the first parent would owe
to other parent as if the child in his or her care was
the only child of the parties; then
(B) compute the support the other parent would owe
to the first parent as if the child in his or her care
were the only child of the parties; then
(C) subtract the lesser support obligation from
the greater.
The parent who owes the greater obligation shall be
ordered to pay the difference in support to the other
parent, unless the court determines, pursuant to other
provisions of this Section, that it should deviate from the
guidelines.
(4) Health care.
(A) A portion of the basic child support obligation
is intended to cover basic ordinary out-of-pocket
medical expenses. The court, in its discretion, in
addition to the basic child support obligation, shall

also provide for the child's current and future medical
needs by ordering either or both parents to initiate
health insurance or medical coverage for the child
through currently effective health or medical
insurance policies held by the parent or parents,
purchase one or more either or all of health, or
medical, 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 also order
either or both parents to contribute to the reasonable
health care needs of the child not covered by
insurance, including, but not limited to, unreimbursed
medical, dental, orthodontic, or vision expenses and
any prescription medication for the child not covered
under the child's health or medical insurance.
(C) If neither parent has access to appropriate
private health insurance care coverage, the court may
order:
(I) one or both parents to provide health
insurance care coverage at any time it becomes
available at a reasonable cost; or
(II) the parent or non-parent custodian with
primary physical responsibility for the child to
apply for public health insurance care coverage
for the child and require either or both parents

the other parent to pay a reasonable amount of the
cost of health insurance for the child for medical
support.
The If cash medical support is ordered, the order
may also provide that any time private health insurance
care coverage is available at a reasonable cost to that
party it will be provided instead of cash medical
support. As used in this Section, "cash medical
support" means an amount ordered to be paid toward the
cost of health insurance provided by a public entity or
by another person through employment or otherwise or
for other medical costs not covered by insurance.
(D) The amount to be added to the basic child
support obligation shall be the actual amount of the
total health insurance premium that is attributable to
the child who is the subject of the order. If this
amount is not available or cannot be verified, the
total cost of the health insurance premium shall be
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 divided between the parents in
proportion to their respective net adjusted gross

incomes.
(E) After the health insurance premium for the
child is added to the basic child support obligation
and allocated divided between the parents in
proportion to their respective incomes for child
support purposes, if the obligor is paying the premium,
the amount calculated for the obligee's share of the
health insurance premium for the child shall be
deducted from the obligor's share of the total child
support obligation. If the obligee is paying for
private health insurance for the child, the child
support obligation shall be increased by the obligor's
share of the premium payment. The obligor's and
obligee's portion of health insurance costs shall
appear in the support order the premium, no further
adjustment is necessary.
(F) Prior to allowing the health insurance
adjustment, the parent requesting the adjustment must
submit proof that the child has been enrolled in a
health insurance plan and must submit proof of the cost
of the premium. The court shall require the parent
receiving the adjustment to annually submit proof of
continued coverage of the child to the child support
enforcement unit and to the other parent, or as
designated by the court.
(G) A reasonable cost for providing health

insurance care coverage for the child or children may
not exceed 5% of the providing parent's gross income.
Parents with a net income below 133% of the most recent
United States Department of Health and Human Services
Federal Poverty Guidelines or whose child is covered by
Medicaid based on that parent's income may not be
ordered to contribute toward or provide private
coverage, unless private coverage is obtainable
without any financial contribution by that parent.
(H) If dental or vision insurance is included as
part of the employer's medical plan, the coverage shall
be maintained for the child. If not included in the
employer's medical plan, adding the dental or vision
insurance for the child is at the discretion of the
court.
(I) If a parent has been directed to provide health
insurance pursuant to this paragraph and that parent's
spouse or legally recognized partner provides the
insurance for the benefit of the child either directly
or through employment, a credit on the child support
worksheet shall be given to that parent in the same
manner as if the premium were paid by that parent.
parents and . including, but not limited to, student
loans
(4.5) In a proceeding for child support following
dissolution of the marriage or civil union by a court that

lacked personal jurisdiction over the absent spouse, and in
which the court is requiring payment of support for the
period before the date an order for current support is
entered, there is a rebuttable presumption that the
obligor's supporting party's net income for the prior
period was the same as his or her net income at the time
the order for current support is entered.
(5) If the net income cannot be determined because of
default or any other reason, the court shall order support
in an amount considered reasonable in the particular case.
The final order in all cases shall state the support level
in dollar amounts. However, if the court finds that the
child support amount cannot be expressed exclusively as a
dollar amount because all or a portion of the obligor's
supporting parent's net income is uncertain as to source,
time of payment, or amount, the court may order a
percentage amount of support in addition to a specific
dollar amount and enter such other orders as may be
necessary to determine and enforce, on a timely basis, the
applicable support ordered.
(6) If (i) the obligor supporting parent was properly
served with a request for discovery of financial
information relating to the obligor's supporting parent's
ability to provide child support, (ii) the obligor
supporting parent failed to comply with the request,
despite having been ordered to do so by the court, and

(iii) the obligor supporting parent is not present at the
hearing to determine support despite having received
proper notice, then any relevant financial information
concerning the obligor's supporting parent'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 obligor's failure of the supporting parent to make
support payments as required by the order, notice of
proceedings to hold the obligor supporting parent in contempt
for that failure may be served on the obligor supporting parent
by personal service or by regular mail addressed to the last
known address of the obligor supporting parent. The last known
address of the obligor supporting parent 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 of either parent to comply with an order to pay
support shall be punishable as in other cases of contempt. In
addition to other penalties provided by law the court may,
after finding the parent guilty of contempt, order that the
parent be:
(1) placed on probation with such conditions of
probation as the court deems advisable;

(2) sentenced to periodic imprisonment for a period not
to exceed 6 months; provided, however, that the court may
permit the parent to be released for periods of time during
the day or night to:
(A) work; or
(B) conduct a business or other self-employed
occupation.
The court may further order any part or all of the earnings
of a parent during a sentence of periodic imprisonment paid to
the Clerk of the Circuit Court or to the parent having physical
possession of the child receiving the support or to the
non-parent custodian having custody guardian receiving the
support of the child children of the sentenced parent for the
support of the child said children until further order of the
court.
If a parent who is found guilty of contempt for failure to
comply with an order to pay support is a person who conducts a
business or who is self-employed, the court in addition to
other penalties provided by law may order that the parent do
one or more of the following: (i) provide to the court monthly
financial statements showing income and expenses from the
business or the self-employment; (ii) seek employment and
report periodically to the court with a diary, listing, or
other memorandum of his or her employment search efforts; or
(iii) report to the Department of Employment Security for job
search services to find employment that will be subject to

withholding for child support.
If there is a unity of interest and ownership sufficient to
render no financial separation between an obligor a supporting
parent and another person or persons or business entity, the
court may pierce the ownership veil of the person, persons, or
business entity to discover assets of the obligor supporting
parent held in the name of that person, those persons, or that
business entity. The following circumstances are sufficient to
authorize a court to order discovery of the assets of a person,
persons, or business entity and to compel the application of
any discovered assets toward payment on the judgment for
support:
(1) the obligor supporting parent and the person,
persons, or business entity maintain records together.
(2) the obligor supporting parent and the person,
persons, or business entity fail to maintain an arm's
length relationship between themselves with regard to any
assets.
(3) the obligor supporting parent transfers assets to
the person, persons, or business entity with the intent to
perpetrate a fraud on the obligee parent receiving the
support.
With respect to assets which are real property, no order
entered under this paragraph shall affect the rights of bona
fide purchasers, mortgagees, judgment creditors, or other lien
holders who acquire their interests in the property prior to

the time a notice of lis pendens pursuant to the Code of Civil
Procedure or a copy of the order is placed of record in the
office of the recorder of deeds for the county in which the
real property is located.
The court may also order in cases where the parent is 90
days or more delinquent in payment of support or has been
adjudicated in arrears in an amount equal to 90 days obligation
or more, that the parent's Illinois driving privileges be
suspended until the court determines that the parent is in
compliance with the order of support. The court may also order
that the parent be issued a family financial responsibility
driving permit that would allow limited driving privileges for
employment and medical purposes in accordance with Section
7-702.1 of the Illinois Vehicle Code. The Clerk of the Circuit
Court shall certify the order suspending the driving privileges
of the parent or granting the issuance of a family financial
responsibility driving permit to the Secretary of State on
forms prescribed by the Secretary of State. Upon receipt of the
authenticated documents, the Secretary of State shall suspend
the parent's driving privileges until further order of the
court and shall, if ordered by the court, subject to the
provisions of Section 7-702.1 of the Illinois Vehicle Code,
issue a family financial responsibility driving permit to the
parent.
In addition to the penalties or punishment that may be
imposed under this Section, any person whose conduct

constitutes a violation of Section 15 of the Non-Support
Punishment Act may be prosecuted under that Act, and a person
convicted under that Act may be sentenced in accordance with
that Act. The sentence may include but need not be limited to a
requirement that the person perform community service under
Section 50 of that Act or participate in a work alternative
program under Section 50 of that Act. A person may not be
required to participate in a work alternative program under
Section 50 of that Act if the person is currently participating
in a work program pursuant to Section 505.1 of this Act.
A support obligation, or any portion of a support
obligation, which becomes due and remains unpaid as of the end
of each month, excluding the child support that was due for
that month to the extent that it was not paid in that month,
shall accrue simple interest as set forth in Section 12-109 of
the Code of Civil Procedure. An order for support entered or
modified on or after January 1, 2006 shall contain a statement
that a support obligation required under the order, or any
portion of a support obligation required under the order, that
becomes due and remains unpaid as of the end of each month,
excluding the child support that was due for that month to the
extent that it was not paid in that month, shall accrue simple
interest as set forth in Section 12-109 of the Code of Civil
Procedure. Failure to include the statement in the order for
support does not affect the validity of the order or the
accrual of interest as provided in this Section.

(c) A one-time charge of 20% is imposable upon the amount
of past-due child support owed on July 1, 1988 which has
accrued under a support order entered by the court. The charge
shall be imposed in accordance with the provisions of Section
10-21 of the Illinois Public Aid Code and shall be enforced by
the court upon petition.
(d) Any new or existing support order entered by the court
under this Section shall be deemed to be a series of judgments
against the person obligated to pay support thereunder, each
such judgment to be in the amount of each payment or
installment of support and each such judgment to be deemed
entered as of the date the corresponding payment or installment
becomes due under the terms of the support order. Each such
judgment shall have the full force, effect and attributes of
any other judgment of this State, including the ability to be
enforced. Notwithstanding any other State or local law to the
contrary, a lien arises by operation of law against the real
and personal property of the obligor supporting parent for each
installment of overdue support owed by the obligor supporting
parent.
(e) When child support is to be paid through the Clerk of
the Court in a county of 1,000,000 inhabitants or less, the
order shall direct the obligor supporting parent to pay to the
Clerk, in addition to the child support payments, all fees
imposed by the county board under paragraph (3) of subsection
(u) of Section 27.1 of the Clerks of Courts Act. Unless paid in

cash or pursuant to an Income Withholding Order/Notice for
Support order for withholding, the payment of the fee shall be
by payment acceptable to the clerk a separate instrument from
the support payment and shall be made to the order of the
Clerk.
(f) All orders for support, when entered or modified, shall
include a provision requiring the obligor supporting parent to
notify the court and, in cases in which a party is receiving
child and spouse services under Article X of the Illinois
Public Aid Code, the Department of Healthcare and Family
Services, within 7 days, (i) of the name and address of any new
employer of the obligor, (ii) whether the obligor supporting
parent has access to health insurance coverage through the
employer or other group coverage and, if so, the policy name
and number and the names of persons covered under the policy,
except only the initials of any covered minors shall be
included, and (iii) of any new residential or mailing address
or telephone number of the obligor supporting parent. 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 obligor supporting parent, service of process
or provision of notice necessary in the case may be made at the
last known address of the obligor supporting parent in any
manner expressly provided by the Code of Civil Procedure or
this Act, which service shall be sufficient for purposes of due
process.

(g) An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered by
the order will attain the age of 18. However, if the child will
not graduate from high school until after attaining the age of
18, then the termination date shall be no earlier than the
earlier of the date on which the child's high school graduation
will occur or the date on which the child will attain the age
of 19. The order for support shall state that the termination
date does not apply to any arrearage that may remain unpaid on
that date. Nothing in this subsection shall be construed to
prevent the court from modifying the order or terminating the
order in the event the child is otherwise emancipated.
(g-5) If there is an unpaid arrearage or delinquency (as
those terms are defined in the Income Withholding for Support
Act) equal to at least one month's support obligation on the
termination date stated in the order for support or, if there
is no termination date stated in the order, on the date the
child attains the age of majority or is otherwise emancipated,
the periodic amount required to be paid for current support of
that child immediately prior to that date shall automatically
continue to be an obligation, not as current support but as
periodic payment toward satisfaction of the unpaid arrearage or
delinquency. That periodic payment shall be in addition to any
periodic payment previously required for satisfaction of the
arrearage or delinquency. The total periodic amount to be paid

toward satisfaction of the arrearage or delinquency may be
enforced and collected by any method provided by law for
enforcement and collection of child support, including but not
limited to income withholding under the Income Withholding for
Support Act. Each order for support entered or modified on or
after the effective date of this amendatory Act of the 93rd
General Assembly must contain a statement notifying the parties
of the requirements of this subsection. Failure to include the
statement in the order for support does not affect the validity
of the order or the operation of the provisions of this
subsection with regard to the order. This subsection shall not
be construed to prevent or affect the establishment or
modification of an order for support of a minor child or the
establishment or modification of an order for support of a
non-minor child or educational expenses under Section 513 of
this Act.
(h) An order entered under this Section shall include a
provision requiring either parent to report to the other parent
and to the Clerk of Court clerk of court within 10 days each
time either parent obtains new employment, and each time either
parent's employment is terminated for any reason Clerk of
Court. The report shall be in writing and shall, in the case of
new employment, include the name and address of the new
employer. Failure to report new employment or the termination
of current employment, if coupled with nonpayment of support
for a period in excess of 60 days, is indirect criminal

contempt. For either parent arrested for failure to report new
employment bond shall be set in the amount of the child support
that should have been paid during the period of unreported
employment. An order entered under this Section shall also
include a provision requiring either obligor and obligee parent
to advise the other of a change in residence within 5 days of
the change except when the court finds that the physical,
mental, or emotional health of a party or that of a child, or
both, would be seriously endangered by disclosure of the
party's address.
(i) The court does not lose the powers of contempt,
driver's license suspension, or other child support
enforcement mechanisms, including, but not limited to,
criminal prosecution as set forth in this Act, upon the
emancipation of the minor child or children.
(Source: P.A. 98-463, eff. 8-16-13; 98-961, eff. 1-1-15; 99-90,
eff. 1-1-16; 99-763, eff. 1-1-17; 99-764, eff. 7-1-17.)
(750 ILCS 5/510) (from Ch. 40, par. 510)
(Text of Section before amendment by P.A. 99-764)
Sec. 510. Modification and termination of provisions for
maintenance, support, educational expenses, and property
disposition.
(a) Except as otherwise provided in paragraph (f) of
Section 502 and in subsection (b), clause (3) of Section 505.2,
the provisions of any judgment respecting maintenance or

support may be modified only as to installments accruing
subsequent to due notice by the moving party of the filing of
the motion for modification. An order for child support may be
modified as follows:
(1) upon a showing of a substantial change in
circumstances; and
(2) without the necessity of showing a substantial
change in circumstances, as follows:
(A) upon a showing of an inconsistency of at least
20%, but no less than $10 per month, between the amount
of the existing order and the amount of child support
that results from application of the guidelines
specified in Section 505 of this Act unless the
inconsistency is due to the fact that the amount of the
existing order resulted from a deviation from the
guideline amount and there has not been a change in the
circumstances that resulted in that deviation; or
(B) upon a showing of a need to provide for the
health care needs of the child under the order through
health insurance or other means. In no event shall the
eligibility for or receipt of medical assistance be
considered to meet the need to provide for the child's
health care needs.
The provisions of subparagraph (a)(2)(A) shall apply only
in cases in which a party is receiving child support
enforcement services from the Department of Healthcare and

Family Services under Article X of the Illinois Public Aid
Code, and only when at least 36 months have elapsed since the
order for child support was entered or last modified.
(a-5) An order for maintenance may be modified or
terminated only upon a showing of a substantial change in
circumstances. In all such proceedings, as well as in
proceedings in which maintenance is being reviewed, the court
shall consider the applicable factors set forth in subsection
(a) of Section 504 and the following factors:
(1) any change in the employment status of either party
and whether the change has been made in good faith;
(2) the efforts, if any, made by the party receiving
maintenance to become self-supporting, and the
reasonableness of the efforts where they are appropriate;
(3) any impairment of the present and future earning
capacity of either party;
(4) the tax consequences of the maintenance payments
upon the respective economic circumstances of the parties;
(5) the duration of the maintenance payments
previously paid (and remaining to be paid) relative to the
length of the marriage;
(6) the property, including retirement benefits,
awarded to each party under the judgment of dissolution of
marriage, judgment of legal separation, or judgment of
declaration of invalidity of marriage and the present
status of the property;

(7) the increase or decrease in each party's income
since the prior judgment or order from which a review,
modification, or termination is being sought;
(8) the property acquired and currently owned by each
party after the entry of the judgment of dissolution of
marriage, judgment of legal separation, or judgment of
declaration of invalidity of marriage; and
(9) any other factor that the court expressly finds to
be just and equitable.
(a-6) In a review under subsection (b-4.5) of Section 504
of this Act, the court may enter a fixed-term maintenance award
that bars future maintenance only if, at the time of the entry
of the award, the marriage had lasted 10 years or less at the
time the original action was commenced.
(b) The provisions as to property disposition may not be
revoked or modified, unless the court finds the existence of
conditions that justify the reopening of a judgment under the
laws of this State.
(c) Unless otherwise agreed by the parties in a written
agreement set forth in the judgment or otherwise approved by
the court, the obligation to pay future maintenance is
terminated upon the death of either party, or the remarriage of
the party receiving maintenance, or if the party receiving
maintenance cohabits with another person on a resident,
continuing conjugal basis. A payor's obligation to pay
maintenance or unallocated maintenance terminates by operation

of law on the date the recipient remarries or the date the
court finds cohabitation began. The payor is entitled to
reimbursement for all maintenance paid from that date forward.
Any termination of an obligation for maintenance as a result of
the death of the payor party, however, shall be inapplicable to
any right of the other party or such other party's designee to
receive a death benefit under such insurance on the payor
party's life. A party receiving maintenance must advise the
payor of his or her intention to marry at least 30 days before
the remarriage, unless the decision is made within this time
period. In that event, he or she must notify the other party
within 72 hours of getting married.
(c-5) In an adjudicated case, the court shall make specific
factual findings as to the reason for the modification as well
as the amount, nature, and duration of the modified maintenance
award.
(d) Unless otherwise provided in this Act, or as agreed in
writing or expressly provided in the judgment, provisions for
the support of a child are terminated by emancipation of the
child, or if the child has attained the age of 18 and is still
attending high school, provisions for the support of the child
are terminated upon the date that the child graduates from high
school or the date the child attains the age of 19, whichever
is earlier, but not by the death of a parent obligated to
support or educate the child. An existing obligation to pay for
support or educational expenses, or both, is not terminated by

the death of a parent. When a parent obligated to pay support
or educational expenses, or both, dies, the amount of support
or educational expenses, or both, may be enforced, modified,
revoked or commuted to a lump sum payment, as equity may
require, and that determination may be provided for at the time
of the dissolution of the marriage or thereafter.
(e) The right to petition for support or educational
expenses, or both, under Sections 505 and 513 is not
extinguished by the death of a parent. Upon a petition filed
before or after a parent's death, the court may award sums of
money out of the decedent's estate for the child's support or
educational expenses, or both, as equity may require. The time
within which a claim may be filed against the estate of a
decedent under Sections 505 and 513 and subsection (d) and this
subsection shall be governed by the provisions of the Probate
Act of 1975, as a barrable, noncontingent claim.
(f) A petition to modify or terminate child support or
allocation of parental responsibilities shall not delay any
child support enforcement litigation or supplementary
proceeding on behalf of the obligee, including, but not limited
to, a petition for a rule to show cause, for non-wage
garnishment, or for a restraining order.
(Source: P.A. 99-90, eff. 1-1-16.)
(Text of Section after amendment by P.A. 99-764)
Sec. 510. Modification and termination of provisions for

maintenance, support, educational expenses, and property
disposition.
(a) Except as otherwise provided in paragraph (f) of
Section 502 and in subsection (b), clause (3) of Section 505.2,
the provisions of any judgment respecting maintenance or
support may be modified only as to installments accruing
subsequent to due notice by the moving party of the filing of
the motion for modification. An order for child support may be
modified as follows:
(1) upon a showing of a substantial change in
circumstances; and
(2) without the necessity of showing a substantial
change in circumstances, as follows:
(A) upon a showing of an inconsistency of at least
20%, but no less than $10 per month, between the amount
of the existing order and the amount of child support
that results from application of the guidelines
specified in Section 505 of this Act unless the
inconsistency is due to the fact that the amount of the
existing order resulted from a deviation from the
guideline amount and there has not been a change in the
circumstances that resulted in that deviation; or
(B) upon a showing of a need to provide for the
health care needs of the child under the order through
health insurance or other means. In no event shall the
eligibility for or receipt of medical assistance be

considered to meet the need to provide for the child's
health care needs.
The provisions of subparagraph (a)(2)(A) shall apply only
in cases in which a party is receiving child support
enforcement services from the Department of Healthcare and
Family Services under Article X of the Illinois Public Aid
Code, and only when at least 36 months have elapsed since the
order for child support was entered or last modified.
The court may grant a petition for modification that seeks
to apply the changes made to subsection (a) of Section 505 by
Public Act 99-764 this amendatory Act of the 99th General
Assembly to an order entered before the effective date of
Public Act 99-764 this amendatory Act of the 99th General
Assembly only upon a finding of a substantial change in
circumstances that warrants application of the changes. The
enactment of Public Act 99-764 this amendatory Act of the 99th
General Assembly itself does not constitute a substantial
change in circumstances warranting a modification.
(a-5) An order for maintenance may be modified or
terminated only upon a showing of a substantial change in
circumstances. In all such proceedings, as well as in
proceedings in which maintenance is being reviewed, the court
shall consider the applicable factors set forth in subsection
(a) of Section 504 and the following factors:
(1) any change in the employment status of either party
and whether the change has been made in good faith;

(2) the efforts, if any, made by the party receiving
maintenance to become self-supporting, and the
reasonableness of the efforts where they are appropriate;
(3) any impairment of the present and future earning
capacity of either party;
(4) the tax consequences of the maintenance payments
upon the respective economic circumstances of the parties;
(5) the duration of the maintenance payments
previously paid (and remaining to be paid) relative to the
length of the marriage;
(6) the property, including retirement benefits,
awarded to each party under the judgment of dissolution of
marriage, judgment of legal separation, or judgment of
declaration of invalidity of marriage and the present
status of the property;
(7) the increase or decrease in each party's income
since the prior judgment or order from which a review,
modification, or termination is being sought;
(8) the property acquired and currently owned by each
party after the entry of the judgment of dissolution of
marriage, judgment of legal separation, or judgment of
declaration of invalidity of marriage; and
(9) any other factor that the court expressly finds to
be just and equitable.
(a-6) In a review under subsection (b-4.5) of Section 504
of this Act, the court may enter a fixed-term maintenance award

that bars future maintenance only if, at the time of the entry
of the award, the marriage had lasted 10 years or less at the
time the original action was commenced.
(b) The provisions as to property disposition may not be
revoked or modified, unless the court finds the existence of
conditions that justify the reopening of a judgment under the
laws of this State.
(c) Unless otherwise agreed by the parties in a written
agreement set forth in the judgment or otherwise approved by
the court, the obligation to pay future maintenance is
terminated upon the death of either party, or the remarriage of
the party receiving maintenance, or if the party receiving
maintenance cohabits with another person on a resident,
continuing conjugal basis. An obligor's A payor's obligation to
pay maintenance or unallocated maintenance terminates by
operation of law on the date the obligee recipient remarries or
the date the court finds cohabitation began. The obligor payor
is entitled to reimbursement for all maintenance paid from that
date forward. Any termination of an obligation for maintenance
as a result of the death of the obligor payor party, however,
shall be inapplicable to any right of the other party or such
other party's designee to receive a death benefit under such
insurance on the obligor's payor party's life. An obligee A
party receiving maintenance must advise the obligor payor of
his or her intention to marry at least 30 days before the
remarriage, unless the decision is made within this time

period. In that event, he or she must notify the obligor other
party within 72 hours of getting married.
(c-5) In an adjudicated case, the court shall make specific
factual findings as to the reason for the modification as well
as the amount, nature, and duration of the modified maintenance
award.
(d) Unless otherwise provided in this Act, or as agreed in
writing or expressly provided in the judgment, provisions for
the support of a child are terminated by emancipation of the
child, or if the child has attained the age of 18 and is still
attending high school, provisions for the support of the child
are terminated upon the date that the child graduates from high
school or the date the child attains the age of 19, whichever
is earlier, but not by the death of a parent obligated to
support or educate the child. An existing obligation to pay for
support or educational expenses, or both, is not terminated by
the death of a parent. When a parent obligated to pay support
or educational expenses, or both, dies, the amount of support
or educational expenses, or both, may be enforced, modified,
revoked or commuted to a lump sum payment, as equity may
require, and that determination may be provided for at the time
of the dissolution of the marriage or thereafter.
(e) The right to petition for support or educational
expenses, or both, under Sections 505, and 513, and 513.5 is
not extinguished by the death of a parent. Upon a petition
filed before or after a parent's death, the court may award

sums of money out of the decedent's estate for the child's
support or educational expenses, or both, as equity may
require. The time within which a claim may be filed against the
estate of a decedent under Sections 505 and 513 and subsection
(d) and this subsection shall be governed by the provisions of
the Probate Act of 1975, as a barrable, noncontingent claim.
(f) A petition to modify or terminate child support or the
allocation of parental responsibilities, including parenting
time, shall not delay any child support enforcement litigation
or supplementary proceeding on behalf of the obligee,
including, but not limited to, a petition for a rule to show
cause, for non-wage garnishment, or for a restraining order.
(Source: P.A. 99-90, eff. 1-1-16; 99-764, eff. 7-1-17; revised
9-8-16.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect July 1,
2017.