Bill Text: IL HB3982 | 2015-2016 | 99th General Assembly | Chaptered

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Passed) 2016-08-12 - Public Act . . . . . . . . . 99-0764 [HB3982 Detail]

Download: Illinois-2015-HB3982-Chaptered.html

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Public Act 099-0764
HB3982 Enrolled LRB099 03583 HEP 31770 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois 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 the support of the child, without regard to
marital misconduct. The duty of support owed to a child
includes the obligation to provide for the reasonable and
necessary educational, 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
under age 19 or younger who is still attending high school.
(1) Child support guidelines. The 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
award and a table that reflects the percentage of combined
net income that parents living in the same household in
this State ordinarily spend on their children. The child
support guidelines have the following purposes:
(A) to establish as State policy an adequate
standard of support for children, subject to the
ability of parents to pay;
(B) to make awards more equitable by ensuring more
consistent treatment of 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 awards;
(D) to calculate child support based upon the
parents' combined adjusted net income estimated to
have been allocated to the child if the parents and
children were living in an intact household;
(E) to adjust the child support based upon the
needs of the children; and
(F) to allocate the amount of child support to be

paid by each parent based upon the child support and
the child's physical care arrangements.
(2) Duty of support. The court shall 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 interest of the child 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
custodial parent;
(C) the standard of living the child would have
enjoyed had the marriage or civil union not been
dissolved;
(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 parent for the child. Spousal support or
spousal maintenance received pursuant to a court order
in the pending proceedings or any other proceedings
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 (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
Medicaid tax calculated at the Federal Insurance
Contributions Act rate.
(I) Unless a court has previously determined
otherwise or the parties otherwise agree, the
custodial parent shall be deemed entitled to claim
the dependency exemption for the parties' minor
child or children.
(II) The Department of Healthcare and Family
Services shall promulgate a 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, 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
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' 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 rules, has served the other party with
the required 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) If a parent also is legally responsible for

support of children not shared with the other
parent and not subject to the present proceeding,
there shall be an adjustment to gross income as
follows:
(i) The amount of child support actually
paid by the parent pursuant to a support order
shall be deducted from the parent's gross
income.
(ii) The amount of financial support
actually paid by the parent for children living
in or outside of that parent's household or 75%
of the support the parent would pay under the
child support guidelines, whichever is less,
shall be deducted from that parent's gross
income.
(II) Obligations pursuant to a court order for
maintenance in the pending proceeding actually
paid or payable under Section 504 to the same party
to whom child support is to be payable 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 the business, including, but
not limited to, a company car, 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) Minimum orders. There is a rebuttable
presumption in any judicial or administrative proceeding
for child support that the amount of the award which would
result from the application of the child support guidelines
is the correct amount of child support to be awarded.
There is a rebuttable presumption that a minimum child
support obligation of $40 per month, per child, will be
entered for a payor parent who has actual or imputed 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 payor of $120 per month
to be divided equally among all of the payor parent's
children.
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
inappropriate and a zero dollar order shall be entered.

(3.4) Deviation factors. In any action to establish or
modify child support, whether temporary or 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 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 table. A court may use
discretion to determine child support if the combined
adjusted gross income exceeds the uppermost levels of the
schedule of basic child support obligations, except that
the presumptive basic child support obligation shall not be

less than it would be based on the highest level of
adjusted gross income set forth in the schedule of basic
child support 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 services.
(A) 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, attend education
and training 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 child care programs. "Child care
expenses" may include camps when school is not in
session. 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 added to the
basic child support obligation. The obligor's portion
of actual child care expenses shall appear in the
support order. 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 expense
contributions, if available. When actual child care
expenses vary, the actual child care expenses shall be
averaged over the most recent 12-month period. When the
parent is temporarily unemployed or temporarily not
attending school, then child care expenses shall be
based upon prospective expenses to be incurred upon
return to employment.

(D) An order for child care expenses may be
modified upon a showing of a substantial change in
circumstances. Persons incurring child care expenses
shall notify the 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 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 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 2 amounts. Child support for cases
with shared physical care are calculated using a child
support worksheet promulgated by the Department of
Healthcare and Family Services. 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 care. 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 or medical coverage for the child through

currently effective health or medical insurance
policies held by the parent or parents, purchase 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 care coverage, the court may order:
(I) one or both parents to provide health care
coverage at any time it becomes available at a
reasonable cost; or
(II) the parent with primary physical
responsibility for the child to apply for public
health care coverage for the child and the other
parent to pay a reasonable amount of the cost for
medical support.
If cash medical support is ordered, the order may
also provide that any time private health 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 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 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 policy. This amount shall
be added to the basic child support obligation and
shall be divided between the parents in proportion to
their adjusted gross incomes.
(E) After the health insurance premium for the
child is added to the basic child support obligation
and 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 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.
(G) A reasonable cost for providing health 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.
(1) The Court shall determine the minimum amount of
support by using the following guidelines:
Number of Children Percent of Supporting Party's
Net Income
1 20%
2 28%
3 32%
4 40%
5 45%
6 or more 50%
(2) The above guidelines shall be applied in each case
unless the court finds that a deviation from the guidelines
is appropriate after considering the best interest of the
child in light of the evidence, including, but not limited
to, one or more of the following relevant factors:
(a) the financial resources and needs of the child;
(b) the financial resources and needs of the
custodial parent;

(c) the standard of living the child would have
enjoyed had the marriage not been dissolved;
(d) the physical, mental, and emotional needs of
the child;
(d-5) the educational needs of the child; and
(e) the financial resources and needs of the
non-custodial parent.
If the court deviates from the guidelines, the court's
finding shall state the amount of support that would have
been required under the guidelines, if determinable. The
court shall include the reason or reasons for the variance
from the guidelines.
(2.5) The court, in its discretion, in addition to
setting child support pursuant to the guidelines and
factors, may order either or both parents owing a duty of
support to a child of the marriage to contribute to the
following expenses, if determined by the court to be
reasonable:
(a) health needs not covered by insurance;
(b) child care;
(c) education; and
(d) extracurricular activities.
(3) "Net income" is defined as the total of all income
from all sources, minus the following deductions:
(a) Federal income tax (properly calculated
withholding or estimated payments);

(b) State income tax (properly calculated
withholding or estimated payments);
(c) Social Security (FICA payments);
(d) Mandatory retirement contributions required by
law or as a condition of employment;
(e) Union dues;
(f) Dependent and individual
health/hospitalization insurance premiums and premiums
for life insurance ordered by the court to reasonably
secure payment of ordered child support;
(g) Prior obligations of support or maintenance
actually paid pursuant to a court order;
(g-5) Obligations pursuant to a court order for
maintenance in the pending proceeding actually paid or
payable under Section 504 to the same party to whom
child support is to be payable;
(h) Expenditures for repayment of debts that
represent reasonable and necessary expenses for the
production of income, medical expenditures necessary
to preserve life or health, reasonable expenditures
for the benefit of the child and the other parent,
exclusive of gifts. The court shall reduce net income
in determining the minimum amount of support to be
ordered only for the period that such payments are due
and shall enter an order containing provisions for its
self-executing modification upon termination of such

payment period;
(i) Foster care payments paid by the Department of
Children and Family Services for providing licensed
foster care to a foster child.
(4) In cases where the court order provides for
health/hospitalization insurance coverage pursuant to
Section 505.2 of this Act, the premiums for that insurance,
or that portion of the premiums for which the supporting
party is responsible in the case of insurance provided
through an employer's health insurance plan where the
employer pays a portion of the premiums, shall be
subtracted from net income in determining the minimum
amount of support to be ordered.
(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
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 payor'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 non-custodial parent was properly served
with a request for discovery of financial information
relating to the non-custodial parent's ability to provide
child support, (ii) the non-custodial parent failed to
comply with the request, despite having been ordered to do
so by the court, and (iii) the non-custodial parent is not
present at the hearing to determine support despite having
received proper notice, then any relevant financial
information concerning the non-custodial 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 support based on
the respondent's failure to make support payments as required
by the order, notice of proceedings to hold the respondent in
contempt for that failure may be served on the respondent by
personal service or by regular mail addressed to the

respondent's last known address. The respondent's last known
address 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 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 Court deems advisable;
(2) sentenced to periodic imprisonment for a period not
to exceed 6 months; provided, however, that the court 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 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
custody or to the guardian having custody of the children of
the sentenced parent for the support of said children until
further order of the court 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 a non-custodial 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 non-custodial 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 non-custodial parent and the person, persons,
or business entity maintain records together.
(2) the non-custodial 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 non-custodial parent transfers assets to the
person, persons, or business entity with the intent to
perpetrate a fraud on the custodial parent.
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 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.
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 noncustodial parent for each
installment of overdue support owed by the noncustodial parent.

(e) When child support is to be paid through the Clerk of
the Court clerk of the court in a county of 1,000,000
inhabitants or less, the order shall direct the obligor to pay
to the Clerk 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 order for withholding,
the payment of the fee shall be by 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 to notify the court
and, in cases in which a party is receiving child and spouse
services under Article X of the Illinois Public Aid Code, the
Department of Healthcare and Family Services, within 7 days,
(i) of the name and address of any new employer of the obligor,
(ii) whether the obligor has access to health insurance
coverage through the employer or other group coverage and, if
so, the policy name and number and the names of persons covered
under the policy, and (iii) of any new residential or mailing
address or telephone number of the non-custodial 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 non-custodial parent, service of process or
provision of notice necessary in the case may be made at the
last known address of the non-custodial 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 the obligor to report to the obligee and to
the Clerk of Court clerk of court within 10 days each time the
obligor obtains new employment, and each time the obligor's
employment is terminated for any reason. The report shall be in
writing and shall, in the case of new employment, include the
name and address of the new employer. Failure to report new
employment or the termination of current employment, if coupled

with nonpayment of support for a period in excess of 60 days,
is indirect criminal contempt. For any obligor 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 the
obligor and obligee parents to advise each 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. 97-186, eff. 7-22-11; 97-608, eff. 1-1-12;
97-813, eff. 7-13-12; 97-878, eff. 8-2-12; 97-941, eff. 1-1-13;
97-1029, eff. 1-1-13; 98-463, eff. 8-16-13; 98-961, eff.
1-1-15.)
(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
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
this amendatory Act of the 99th General Assembly to an order
entered before the effective date of 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 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.
(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
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.
(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,
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.
(Source: P.A. 97-608, eff. 1-1-12.)
Section 99. Effective date. This Act takes effect July 1,
2017.