Bill Text: IL HB2330 | 2013-2014 | 98th General Assembly | Engrossed

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Bill Title: Amends the Illinois Public Aid Code, the Unified Code of Corrections, and the Illinois Marriage and Dissolution of Marriage Act. Provides that a person's obligation to pay child support pursuant to a court or administrative order is suspended by operation of law during any period that the person is committed to the custody of the Department of Corrections or the Department of Juvenile Justice. Provides that the programs of the Department of Healthcare and Family Services concerning child support orders shall include cases in which a responsible relative who is committed to the custody of the Department of Corrections or the Department of Juvenile Justice requests modification of the support order. Provides that the Department of Corrections and the Department of Juvenile Justice shall establish programs to assist committed persons who are obligors under child support orders in cases in which child support enforcement services are provided by the Department of Healthcare and Family Services. Provides for inclusion of information about any child support obligation owed by the defendant and recommendations concerning the payment of that obligation in a presentence report; requires a presentence investigation and report in the case of a misdemeanor defendant who owes a child support obligation.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2013-05-31 - Third Reading - Short Debate - Lost 051-067-000 [HB2330 Detail]

Download: Illinois-2013-HB2330-Engrossed.html

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AN ACT concerning public aid.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Aid Code is amended by
adding Section 10-12.5 as follows:
(305 ILCS 5/10-12.5 new)
Sec. 10-12.5. Suspension of child support during a period
of incarceration.
(a) Unless otherwise agreed by the parties in a written
agreement set forth in a court or administrative order for
support or unless otherwise approved by a court, an obligation
to pay child support is suspended by operation of law during
any period of time in which the person owing a duty of support
is committed to the custody of the Department of Corrections or
the Department of Juvenile Justice.
(b) Any period of incarceration of a parent obligated to
pay child support shall not be considered a period of voluntary
unemployment. In the case of an incarcerated parent obligated
to pay child support greater than $0 whose period of
incarceration is greater than one year and whose period of
incarceration begins on or after July 1, 2013, the Department
shall:
(1) temporarily suspend any support obligation of the

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parent and the enforcement of any support obligation of the
parent existing prior to the period of incarceration; and
(2) temporarily prohibit the accrual of any interest on
any support obligation of the parent existing prior to the
period of incarceration during such period.
The temporary suspension of the child support obligation
and of the accrual of interest on any support obligation of the
parent existing prior to the period of incarceration shall end
and both support and accrual of interest on any pre-existing
unpaid obligation shall resume upon the first charging period
to occur after the obligated parent's release from
incarceration. Unless the terms of the support obligation have
been otherwise modified, the support terms shall resume at the
same level as prior to the temporary suspension.
(c) Provided the Department is advised or given notice of
the obligated parent's incarceration for a period to exceed one
year beginning after July 1, 2013, the Department, for cases
enrolled in the Child Support Enforcement Program established
by Title IV-D of the Social Security Act, or the noncustodial
parent or his or her representative in all other cases, shall
provide both parties with:
(1) notice of any suspension of review, adjustment, or
enforcement of a support obligation and of any prohibition
on interest accrual on such obligation that is imposed in
accordance with paragraphs (1) and (2) of subsection (b);
and

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(2) an opportunity to request that the suspension or
prohibition be terminated or modified on the basis that the
noncustodial parent has sufficient income or resources to
continue payment of the support obligation during the
noncustodial parent's period of incarceration.
(d) The Department shall not be liable for failing to act
upon the provisions established under paragraphs (1) and (2) of
subsection (a) if the Department has not been advised of the
obligated parent's incarceration or if the Department has in
place proper procedures for considering an obligated parent's
incarceration when setting and modifying child support
obligations and follows those procedures routinely.
Section 10. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 510 as follows:
(750 ILCS 5/510) (from Ch. 40, par. 510)
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

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modified as follows:
(1) upon a showing of a substantial change in
circumstances, including incarceration prior to July 1,
2013 or for a period of incarceration of less than one
year; 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

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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

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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.
(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. Any obligation of a payor party for
premium payments respecting insurance on such party's life
imposed under subsection (f) of Section 504 is also terminated
on the occurrence of any of the foregoing events, unless
otherwise agreed by the parties. 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

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benefit under such insurance on the payor party's life.
(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.
(d-5) Unless otherwise agreed by the parties in a written
agreement set forth in the judgment or otherwise approved by
the court, an obligation to pay child support is suspended by
operation of law during any period of time in which the person
owing a duty of support is committed to the custody of the
Department of Corrections or the Department of Juvenile
Justice.
(d-6) The State shall not consider any period of
incarceration of such parent as a period of voluntary

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unemployment that disqualifies the parent from obtaining a
modification of the support obligation consistent with the
parent's ability to pay child support. In the case of an
incarcerated parent the State shall:
(1) temporarily suspend any support obligation of the
parent and the enforcement of any support obligation of the
parent existing prior to the period of incarceration; and
(2) temporarily prohibit the accrual of any interest on
any support obligation of the parent existing prior to the
period of incarceration during such period.
(d-7) The Department of Healthcare and Family Services, for
cases enrolled in the Child Support Enforcement Program
established by Title IV-D of the Social Security Act, or the
noncustodial parent or his or her representative in all other
cases, shall provide a custodial parent with:
(1) notice of any suspension of review, adjustment, or
enforcement of a support obligation and notice of any
prohibition on the accrual of interest on the support
obligation that is imposed in accordance with paragraphs
(1) and (2) of subsection (d-6); and
(2) an opportunity to request that the suspension or
prohibition be terminated or modified on the basis that the
noncustodial parent has sufficient income or resources to
continue payment of the support obligation during the
noncustodial parent's period of incarceration.
(e) The right to petition for support or educational

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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,
custody, or visitation 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.
(g) The Department of Healthcare and Family Services and
the Department of Corrections shall share relevant data and
collaborate on the facilitation of identification of
incarcerated parents eligible for either temporary suspension
of a child support obligation or modification of a child
support obligation and shall provide relevant information and
assistance to incarcerated parents eligible for modification
of support.
(h) The crime for which the incarcerated parent was
convicted, or the prosecution of the incarcerated parent for
that crime by a legal representative of the Department of

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Healthcare and Family Services for cases enrolled in the Child
Support Enforcement Program established by Title IV-D of the
Social Security Act, shall not disqualify the incarcerated
parent from consideration of modification of a child support
obligation, nor shall the action of the Department's legal
representative to bring forth the modification request for
consideration be considered a conflict of interest for the
prosecuting office, except in cases where the crime was
committed to avoid a child support obligation or was committed
against a child of the obligated parent or the other parent.
(Source: P.A. 97-608, eff. 1-1-12.)