96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6199


 
Introduced 2/11/2010, by Rep. Paul D. Froehlich
 
SYNOPSIS AS INTRODUCED:








        




305 ILCS 5/10-16.8 new




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


750 ILCS 5/608
 from Ch. 40, par. 608



750 ILCS 16/24 new




750 ILCS 45/14
 from Ch. 40, par. 2514








 Amends the Illinois Public Aid Code, the Illinois Marriage and Dissolution of
Marriage Act, the Non-Support Punishment Act, and the Illinois
Parentage Act of 1984. Provides that the court may order, if it is in the best
interest of the minor child on whose behalf support payments are ordered, the
custodial parent to provide an accounting of expenditures of support funds.
Requires the moving party to certify that a motion for an accounting is well grounded and not brought for an improper purpose. Provides that the court may order the custodial parent to produce verification
of the expenses and may enter any orders necessary to ensure that the funds are
expended in the best interest of the child. Effective January 1, 2011.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB6199

LRB096 19469 AJO 34861 b






1
 AN ACT regarding accounting for child support expenses. 


2
 Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 



4
 Section 5. The Illinois Public Aid Code is amended by 
5
adding Section 10-16.8
as follows:



6
 (305 ILCS 5/10-16.8 new)

7
 Sec. 10-16.8. Child support accounting.

8
 (a) Upon entering an order for the
support of a minor child 
9
or at any subsequent time, upon motion of the party
obligated 
10
to make support payments
or on its own motion, the court may 
11
order, if it is in the best
interest of the minor child on 
12
whose behalf support payments are ordered, the
custodial parent 
13
to provide an accounting of expenditures of support funds on

14
behalf of the minor child to the court and serve a copy of the 
15
accounting upon
the party obligated to pay support or that 
16
party's attorney. The accounting
shall be recorded on forms 
17
provided by the Administrative Office of the
Illinois Courts.

18
 (b) In accounting for general household expenditures
(e.g. 
19
mortgage, rent, utilities) made on behalf of the child, the 
20
custodial
parent shall attribute as an expenditure for the 
21
child an amount which may be
no more than the percentage 
22
equivalence that the child on whose behalf support
is received 
23
is to the total number of people in the household (e.g. if the

 


 






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1
child is one of 4 household members, support payments may be 
2
used to pay, at
most, 25% of the monthly mortgage payment).

3
 (c) The court may order the custodial parent to produce 
4
receipts and other
documentation verifying the expenses 
5
reported.

6
 (d) If the court, after hearing upon motion by the party 
7
obligated to pay
support or by the State, or on its own motion, 
8
finds the expenditure of support
funds by the custodial parent 
9
is contrary to the best interests of the child,
the court may 
10
enter such orders as are necessary to ensure that the funds are

11
expended in the best interest of the child.


12
 (e) The party moving for an accounting must, prior to any 
13
hearing
thereon, certify in writing that, to the best of the 
14
movant's knowledge,
information, and belief, formed after 
15
reasonable inquiry, the motion for an
accounting is well 
16
grounded in fact and that it is not brought for any improper

17
purpose, such as to harass or to cause unnecessary delay or 
18
needless increase
in the cost of litigation. If the movant 
19
violates this certification, the
court, upon motion of the 
20
party receiving support or on its own motion, may
impose upon 
21
the person bringing the motion an appropriate sanction, which 
22
may
include an order to pay the other party the amount of 
23
reasonable expenses
incurred because of the bringing of the 
24
motion for accounting, including
reasonable attorney fees 
25
incurred and wages lost as a result of having to
appear in 
26
court. All proceedings under this subsection (e) shall be 
 


 






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1
brought in
the manner set forth in Supreme Court Rule 137.


2
 Section 10. The Illinois Marriage and Dissolution of 
3
Marriage Act is amended
by changing Sections 505 and 608 as 
4
follows:






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


6
 Sec. 505. Child support; contempt; penalties. 

7
 (a) In a proceeding for dissolution of marriage, legal 
8
separation,
declaration of invalidity of marriage, a 
9
proceeding for child support
following dissolution of the 
10
marriage by a court which lacked personal
jurisdiction over the 
11
absent spouse, a proceeding for modification of a
previous 
12
order for child support under Section 510 of this Act, or any

13
proceeding authorized under Section 501 or 601 of this Act, the 
14
court may
order either or both parents owing a duty of support 
15
to a child of the
marriage to pay an amount reasonable and 
16
necessary for his support, without
regard to marital 
17
misconduct. The duty of support owed to a child
includes the 
18
obligation to provide for the reasonable and necessary

19
physical, mental and emotional health needs of the child.
For 
20
purposes of this Section, the term "child" shall include any 
21
child under
age 18 and
any child under age 19 who is still 
22
attending high school.


23
  (1) The Court shall determine the minimum amount of 
24
 support by using the
following guidelines:











 


 






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1Number of ChildrenPercent of Supporting Party's
2Net Income
3120%
4228%
5332%
6440%
7545%
86 or more50%
9
  (2) The above guidelines shall be applied in each case 
10
 unless the court
makes a finding that application of the 
11
 guidelines would be
inappropriate, after considering the 
12
 best interests of the child in light of
evidence including 
13
 but not limited to one or more of the following relevant

14
 factors:


15
   (a) the financial resources and needs of the child;


16
   (b) the financial resources and needs of the 
17
 custodial parent;


18
   (c) the standard of living the child would have 
19
 enjoyed had the
marriage not been dissolved;


20
   (d) the physical and emotional condition of the 
21
 child, and his
educational needs; and


22
   (e) the financial resources and needs of the 
23
 non-custodial parent.


24
  If the court deviates from the guidelines, the court's 
25
 finding
shall state the amount of support that would have 
26
 been required under the
guidelines, if determinable. The 
 


 






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1
 court shall include the reason or reasons for
the variance 
2
 from the
guidelines.


3
  (3) "Net income" is defined as the total of all income 
4
 from all
sources, minus the following deductions:


5
   (a) Federal income tax (properly calculated 
6
 withholding or estimated
payments);


7
   (b) State income tax (properly calculated 
8
 withholding or estimated
payments);


9
   (c) Social Security (FICA payments);


10
   (d) Mandatory retirement contributions required by 
11
 law or as a
condition of employment;


12
   (e) Union dues;


13
   (f) Dependent and individual 
14
 health/hospitalization insurance premiums;


15
   (g) Prior obligations of support or maintenance 
16
 actually paid pursuant
to a court order;


17
   (h) Expenditures for repayment of debts that 
18
 represent reasonable and
necessary expenses for the 
19
 production of income, medical expenditures
necessary 
20
 to preserve life or health, reasonable expenditures 
21
 for the
benefit of the child and the other parent, 
22
 exclusive of gifts. The court
shall reduce net income 
23
 in determining the minimum amount of support to be

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


 






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 payment period.


2
  (4) In cases where the court order provides for

3
 health/hospitalization insurance coverage pursuant to 
4
 Section 505.2 of
this Act, the premiums for that insurance, 
5
 or that portion of the premiums
for which the supporting 
6
 party is responsible in the case of insurance
provided 
7
 through an employer's health insurance plan where
the 
8
 employer pays a portion of the premiums, shall be 
9
 subtracted
from net income in determining the minimum 
10
 amount of support to be ordered.


11
  (4.5) In a proceeding for child support following 
12
 dissolution of the
marriage by a court that lacked personal 
13
 jurisdiction over the absent spouse,
and in which the court 
14
 is requiring payment of support for the period before
the 
15
 date an order for current support is entered, there is a 
16
 rebuttable
presumption
that the supporting party's net 
17
 income for the prior period was the same as his
or her net 
18
 income at the time the order for current support is 
19
 entered.


20
  (5) If the net income cannot be determined because of 
21
 default or any
other reason, the court shall order support 
22
 in an amount considered
reasonable in the particular case. 
23
 The final order in all cases shall
state the support level 
24
 in dollar amounts.
However, if the
court finds that the 
25
 child support amount cannot be expressed exclusively as a

26
 dollar amount because all or a portion of the payor's net 
 


 






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1
 income is uncertain
as to source, time of payment, or 
2
 amount, the court may order a percentage
amount of support 
3
 in addition to a specific dollar amount and enter
such 
4
 other orders as may be necessary to determine and enforce, 
5
 on a timely
basis, the applicable support ordered.


6
  (6) If (i) the non-custodial parent was properly served 
7
 with a request
for
discovery of financial information 
8
 relating to the non-custodial parent's
ability to
provide 
9
 child support, (ii) the non-custodial parent failed to 
10
 comply with the
request,
despite having been ordered to do 
11
 so by the court, and (iii) the non-custodial
parent is not 
12
 present at the hearing to determine support despite having

13
 received
proper notice, then any relevant financial 
14
 information concerning the
non-custodial parent's ability 
15
 to provide child support that was obtained
pursuant to

16
 subpoena and proper notice shall be admitted into evidence 
17
 without the need to
establish any further foundation for 
18
 its admission.

19
 (a-5) In an action to enforce an order for support based on 
20
the
respondent's failure
to make support payments as required 
21
by the order, notice of proceedings to
hold the respondent in 
22
contempt for that failure may be served on the
respondent by 
23
personal service or by regular mail addressed to the 
24
respondent's
last known address. The respondent's last known 
25
address may be determined from
records of the clerk of the 
26
court, from the Federal Case Registry of Child
Support Orders, 
 


 






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1
or by any other reasonable means.

2
 (b) Failure of either parent to comply with an order to pay 
3
support shall
be punishable as in other cases of contempt. In 
4
addition to other
penalties provided by law the Court may, 
5
after finding the parent guilty
of contempt, order that the 
6
parent be:


7
  (1) placed on probation with such conditions of 
8
 probation as the Court
deems advisable;


9
  (2) sentenced to periodic imprisonment for a period not 
10
 to exceed 6
months; provided, however, that the Court may 
11
 permit the parent to be
released for periods of time during 
12
 the day or night to:


13
   (A) work; or


14
   (B) conduct a business or other self-employed 
15
 occupation.

16
 The Court may further order any part or all of the earnings 
17
of a parent
during a sentence of periodic imprisonment paid to 
18
the Clerk of the Circuit
Court or to the parent having custody 
19
or to the guardian having custody
of the children of the 
20
sentenced parent for the support of said
children until further 
21
order of the Court.

22
 If there is a unity of interest and ownership sufficient to 
23
render no
financial separation between a non-custodial parent 
24
and another person or
persons or business entity, the court may 
25
pierce the ownership veil of the
person, persons, or business 
26
entity to discover assets of the non-custodial
parent held in 
 


 






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1
the name of that person, those persons, or that business 
2
entity.
The following circumstances are sufficient to 
3
authorize a court to order
discovery of the assets of a person, 
4
persons, or business entity and to compel
the application of 
5
any discovered assets toward payment on the judgment for

6
support:


7
  (1) the non-custodial parent and the person, persons, 
8
 or business entity
maintain records together.


9
  (2) the non-custodial parent and the person, persons, 
10
 or business entity
fail to maintain an arms length 
11
 relationship between themselves with regard to
any assets.


12
  (3) the non-custodial parent transfers assets to the 
13
 person, persons,
or business entity with the intent to 
14
 perpetrate a fraud on the custodial
parent.

15
 With respect to assets which
are real property, no order 
16
entered under this paragraph shall affect the
rights of bona 
17
fide purchasers, mortgagees, judgment creditors, or other lien

18
holders who acquire their interests in the property prior to 
19
the time a notice
of lis pendens pursuant to the Code of Civil 
20
Procedure or a copy of the order
is placed of record in the 
21
office of the recorder of deeds for the county in
which the 
22
real property is located.

23
 The court may also order in cases where the parent is 90 
24
days or more
delinquent in payment of support or has been 
25
adjudicated in arrears in an
amount equal to 90 days obligation 
26
or more, that the parent's Illinois driving
privileges be 
 


 






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1
suspended until the court
determines that the parent is in 
2
compliance with the order of support.
The court may also order 
3
that the parent be issued a family financial
responsibility 
4
driving permit that would allow limited driving privileges for

5
employment and medical purposes in accordance with Section 
6
7-702.1 of the
Illinois Vehicle Code. The clerk of the circuit 
7
court shall certify the order
suspending the driving privileges 
8
of the parent or granting the issuance of a
family financial 
9
responsibility driving permit to the Secretary of State on

10
forms prescribed by the Secretary. Upon receipt of the 
11
authenticated
documents, the Secretary of State shall suspend 
12
the parent's driving privileges
until further order of the 
13
court and shall, if ordered by the court, subject to
the 
14
provisions of Section 7-702.1 of the Illinois Vehicle Code, 
15
issue a family
financial responsibility driving permit to the 
16
parent.

17
 In addition to the penalties or punishment that may be 
18
imposed under this
Section, any person whose conduct 
19
constitutes a violation of Section 15 of the
Non-Support 
20
Punishment Act may be prosecuted under that Act, and a person

21
convicted under that Act may be sentenced in accordance with 
22
that Act. The
sentence may include but need not be limited to a 
23
requirement that the person
perform community service under 
24
Section 50 of that Act or participate in a work
alternative 
25
program under Section 50 of that Act. A person may not be 
26
required
to participate in a work alternative program under 
 


 






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1
Section 50 of that Act if
the person is currently participating 
2
in a work program pursuant to Section
505.1 of this Act.

3
 A support obligation, or any portion of a support 
4
obligation, which becomes
due and remains unpaid as of the end 
5
of each month, excluding the child support that was due for 
6
that month to the extent that it was not paid in that month, 
7
shall accrue simple interest as set forth in Section 12-109 of 
8
the Code of Civil Procedure.
An order for support entered or 
9
modified on or after January 1, 2006 shall
contain a statement 
10
that a support obligation required under the order, or any

11
portion of a support obligation required under the order, that 
12
becomes due and
remains unpaid as of the end of each month, 
13
excluding the child support that was due for that month to the 
14
extent that it was not paid in that month, shall accrue simple 
15
interest as set forth in Section 12-109 of the Code of Civil 
16
Procedure. Failure to include the statement in the order for 
17
support does
not affect the validity of the order or the 
18
accrual of interest as provided in
this Section.

19
 (c) A one-time charge of 20% is imposable upon the amount 
20
of
past-due child support owed on July 1, 1988 which has 
21
accrued under a
support order entered by the court. The charge 
22
shall be imposed in
accordance with the provisions of Section 
23
10-21 of the Illinois Public Aid
Code and shall be enforced by 
24
the court upon petition.

25
 (d) Any new or existing support order entered by the court

26
under this Section shall be deemed to be a series of judgments 
 


 






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1
against the
person obligated to pay support thereunder, each 
2
such judgment to be in the
amount of each payment or 
3
installment of support and each such judgment to
be deemed 
4
entered as of the date the corresponding payment or installment

5
becomes due under the terms of the support order. Each such 
6
judgment shall
have the full force, effect and attributes of 
7
any other judgment of this
State, including the ability to be 
8
enforced.
A lien arises by operation of law against the real 
9
and personal property of
the noncustodial parent for each 
10
installment of overdue support owed by the
noncustodial parent.

11
 (e) When child support is to be paid through the clerk of 
12
the court in a
county of 1,000,000 inhabitants or less, the 
13
order shall direct the obligor
to pay to the clerk, in addition 
14
to the child support payments, all fees
imposed by the county 
15
board under paragraph (3) of subsection (u) of
Section 27.1 of 
16
the Clerks of Courts Act. Unless paid in cash or pursuant to
an 
17
order for withholding, the payment of the fee shall be by a 
18
separate
instrument from the support payment and shall be made 
19
to the order of the
Clerk.

20
 (f) All orders for support, when entered or
modified, shall 
21
include a provision requiring the obligor to notify
the court 
22
and, in cases in which a party is receiving child and spouse

23
services under Article X of the Illinois Public Aid Code, the

24
Department of Healthcare and Family Services, within 7 days, 
25
(i) of the name and address
of any new employer of the obligor, 
26
(ii) whether the obligor has access to
health insurance 
 


 






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1
coverage through the employer or other group coverage and,
if 
2
so, the policy name and number and the names of persons covered 
3
under
the policy, and (iii) of any new residential or mailing 
4
address or telephone
number of the non-custodial parent. In any 
5
subsequent action to enforce a
support order, upon a sufficient 
6
showing that a diligent effort has been made
to ascertain the 
7
location of the non-custodial parent, service of process or

8
provision of notice necessary in the case may be made at the 
9
last known
address of the non-custodial parent in any manner 
10
expressly provided by the
Code of Civil Procedure or this Act, 
11
which service shall be sufficient for
purposes of due process.

12
 (g) An order for support shall include a date on which the 
13
current
support obligation terminates. The termination date 
14
shall be no earlier than
the date on which the child covered by 
15
the order will attain the age of
18. However, if the child will 
16
not graduate from high school until after
attaining the age of 
17
18, then the termination date shall be no earlier than the

18
earlier of the date on which the child's high school graduation 
19
will occur or
the date on which the child will attain the age 
20
of 19. The order for support
shall state that the termination 
21
date does not apply to any arrearage that may
remain unpaid on 
22
that date. Nothing in this subsection shall be construed to

23
prevent the court from modifying the order or terminating the 
24
order in the
event the child is otherwise emancipated.

25
 (g-5) If there is an unpaid arrearage or delinquency (as 
26
those terms are defined in the Income Withholding for Support 
 


 






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1
Act) equal to at least one month's support obligation on the 
2
termination date stated in the order for support or, if there 
3
is no termination date stated in the order, on the date the 
4
child attains the age of majority or is otherwise emancipated, 
5
the periodic amount required to be paid for current support of 
6
that child immediately prior to that date shall automatically 
7
continue to be an obligation, not as current support but as 
8
periodic payment toward satisfaction of the unpaid arrearage or 
9
delinquency. That periodic payment shall be in addition to any 
10
periodic payment previously required for satisfaction of the 
11
arrearage or delinquency. The total periodic amount to be paid 
12
toward satisfaction of the arrearage or delinquency may be 
13
enforced and collected by any method provided by law for 
14
enforcement and collection of child support, including but not 
15
limited to income withholding under the Income Withholding for 
16
Support Act. Each order for support entered or modified on or 
17
after the effective date of this amendatory Act of the 93rd 
18
General Assembly must contain a statement notifying the parties 
19
of the requirements of this subsection. Failure to include the 
20
statement in the order for support does not affect the validity 
21
of the order or the operation of the provisions of this 
22
subsection with regard to the order. This subsection shall not 
23
be construed to prevent or affect the establishment or 
24
modification of an order for support of a minor child or the 
25
establishment or modification of an order for support of a 
26
non-minor child or educational expenses under Section 513 of 
 


 






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1
this Act.

2
 (h) An order entered under this Section shall include a 
3
provision requiring
the obligor to report to the obligee and to 
4
the clerk of court within 10 days
each time the obligor obtains 
5
new employment, and each time the obligor's
employment is 
6
terminated for any reason. The report shall be in writing and

7
shall, in the case of new employment, include the name and 
8
address of the new
employer. Failure to report new employment 
9
or the termination of current
employment, if coupled with 
10
nonpayment of support for a period in excess of 60
days, is 
11
indirect criminal contempt. For any obligor arrested for 
12
failure to
report new employment bond shall be set in the 
13
amount of the child support that
should have been paid during 
14
the period of unreported employment. An order
entered under 
15
this Section shall also include a provision requiring the 
16
obligor
and obligee parents to advise each other of a change in 
17
residence within 5 days
of the change except when the court 
18
finds that the physical, mental, or
emotional health of a party 
19
or that of a child, or both, would be
seriously endangered by 
20
disclosure of the party's address.

21
 (i) The court does not lose the powers of contempt, 
22
driver's license
suspension, or other child support 
23
enforcement mechanisms, including, but
not limited to, 
24
criminal prosecution as set forth in this Act, upon the

25
emancipation of the minor child or children.

26
 (j) (1) Upon entering an order for the support of a minor 
 


 






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1
child or at any
subsequent time, upon motion of the 
2
noncustodial parent or on its own motion,
the court may order, 
3
if it is in the best interest of the minor child on whose

4
behalf support payments are ordered, the custodial parent to 
5
provide an
accounting of expenditures of support funds on 
6
behalf of the minor child to the
court and serve a copy of the 
7
accounting upon the noncustodial parent
or that party's 
8
attorney. The accounting shall be recorded on forms
provided by 
9
the Administrative Office of the Illinois Courts.

10
 (2) In accounting for general household expenditures
(e.g. 
11
mortgage, rent, utilities) made on behalf of the child, the 
12
custodial
parent shall attribute as an expenditure for the 
13
child an amount which may be
no more than the percentage 
14
equivalence that the child on whose behalf support
is received 
15
is to the total number of people in the household (e.g. if the

16
child is one of 4 household members, support payments may be 
17
used to pay, at
most, 25% of the monthly mortgage payment).

18
 (3) The court may order the custodial parent to produce 
19
receipts and other
documentation verifying the expenses 
20
reported.

21
 (4) The court may use its authority under Section 608 to 
22
ensure that support
funds are expended in the best interest of 
23
the child.

24
 (5) The party moving for an accounting must, prior to any 
25
hearing
thereon, certify in writing that, to the best of the 
26
movant's knowledge,
information, and belief, formed after 
 


 






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1
reasonable inquiry, the motion for an
accounting is well 
2
grounded in fact and that it is not brought for any improper

3
purpose, such as to harass or to cause unnecessary delay or 
4
needless increase
in the cost of litigation. If the movant 
5
violates this certification, the
court, upon motion of the 
6
party receiving support or on its own motion, may
impose upon 
7
the person bringing the motion an appropriate sanction, which 
8
may
include an order to pay the other party the amount of 
9
reasonable expenses
incurred because of the bringing of the 
10
motion for accounting, including
reasonable attorney fees 
11
incurred and wages lost as a result of having to
appear in 
12
court. All proceedings under this subdivision (i)(5) shall be

13
brought in the manner set forth in Supreme Court Rule 137.
14
(Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07.)





15
 (750 ILCS 5/608) (from Ch. 40, par. 608)



16
 Sec. 608. Judicial Supervision. 

17
 (a) Except as otherwise agreed by the parties in writing at 
18
the time of
the custody judgment or as otherwise ordered by the 
19
court, the custodian
may determine the child's upbringing, 
20
including but not limited to, his
education, health care and 
21
religious training, as well as how to expend child
support 
22
funds received from the noncustodial parent, unless the court, 
23
after
hearing, finds, upon motion by the noncustodial parent, 
24
that the absence of
a specific limitation of the custodian's 
25
authority would clearly be
contrary to the best interests of 
 


 






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the child.

2
 (b) If both parents or all contestants agree to the order, 
3
or if the
court finds that in the absence of agreement the 
4
child's physical health
would be endangered or his emotional 
5
development significantly impaired,
the court may order the 
6
Department of Children and Family Services to
exercise 
7
continuing supervision over the case to assure that the 
8
custodial
or visitation terms of the judgment are carried out. 
9
Supervision shall be
carried out under the provisions of 
10
Section 5 of the Children and Family
Services Act.

11
 (c) The court may order individual counseling for the 
12
child, family counseling for one or more of the parties and the 
13
child, or parental education for one or more of the parties, 
14
when it finds one or more of the following:
15
  (1) both parents or all parties agree to the order;
16
  (2) the court finds that the child's physical health is 
17
 endangered or his or her emotional development is impaired 
18
 including, but not limited to, a finding of visitation 
19
 abuse as defined by Section 607.1; or
20
  (3) the court finds that one or both of the parties 
21
 have violated the joint parenting agreement with regard to 
22
 conduct affecting or in the presence of the child.
23
 (d) If the court finds that one or more of the parties has 
24
violated an order of the court with regards to custody, 
25
visitation, or joint parenting, the court shall assess the 
26
costs of counseling against the violating party or parties. 
 


 






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Otherwise, the court may apportion the costs between the 
2
parties as appropriate.
3
 (e) The remedies provided in this Section are in addition 
4
to, and shall not diminish or abridge in any way, the court's 
5
power to exercise its authority through contempt or other 
6
proceedings.

7
 (f) All counseling sessions shall be confidential. The 
8
communications in counseling shall not be used in any manner in 
9
litigation nor relied upon by any expert appointed by the court 
10
or retained by any party.

11
(Source: P.A. 94-640, eff. 1-1-06.)



12
 Section 15. The Non-Support Punishment Act is amended by 
13
adding
Section 24 as follows:



14
 (750 ILCS 16/24 new)

15
 Sec. 24. Child support accounting.

16
 (a) Upon entering an order for the
support of a minor child 
17
or at any subsequent time, upon motion of the party
obligated 
18
to make support payments or on its own motion, the court may 
19
order,
if it is in the best
interest of the minor child on 
20
whose behalf support payments are ordered, the
custodial parent 
21
to provide an accounting of expenditures of support funds on

22
behalf of the minor child to the court and serve a copy of the 
23
accounting upon
the party obligated to pay support or that 
24
party's attorney. The accounting
shall be recorded on forms 
 


 






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provided by the Administrative Office of the
Illinois Courts.

2
 (b) In accounting for general household expenditures
(e.g. 
3
mortgage, rent, utilities) made on behalf of the child, the 
4
custodial
parent shall attribute as an expenditure for the 
5
child an amount which may be
no more than the percentage 
6
equivalence that the child on whose behalf support
is received 
7
is to the total number of people in the household (e.g. if the

8
child is one of 4 household members, support payments may be 
9
used to pay, at
most, 25% of the monthly mortgage payment).

10
 (c) The court may order the custodial parent to produce 
11
receipts and other
documentation verifying the expenses 
12
reported.

13
 (d) If the court, after hearing upon motion by the party 
14
obligated to pay
support or on its own motion, finds the 
15
expenditure of support funds by the
custodial parent is 
16
contrary to the best interest of the child, the court may
enter 
17
such orders as are necessary to ensure that the funds are 
18
expended in
the best interest of the child.


19
 (e) The party moving for an accounting must, prior to any 
20
hearing
thereon, certify in writing that, to the best of the 
21
movant's knowledge,
information, and belief, formed after 
22
reasonable inquiry, the motion for an
accounting is well 
23
grounded in fact and that it is not brought for any improper

24
purpose, such as to harass or to cause unnecessary delay or 
25
needless increase
in the cost of litigation. If the movant 
26
violates this certification, the
court, upon motion of the 
 


 






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party receiving support or on its own motion, may
impose upon 
2
the person bringing the motion an appropriate sanction, which 
3
may
include an order to pay the other party the amount of 
4
reasonable expenses
incurred because of the bringing of the 
5
motion for accounting, including
reasonable attorney fees 
6
incurred and wages lost as a result of having to
appear in 
7
court. All proceedings under this subsection (e) shall be 
8
brought in
the manner set forth in Supreme Court Rule 137.


9
 Section 20. The Illinois Parentage Act of 1984 is amended 
10
by changing
Section 14 as follows:






11
 (750 ILCS 45/14) (from Ch. 40, par. 2514)


12
 Sec. 14. Judgment. 

13
 (a) (1) The judgment shall contain or explicitly reserve

14
provisions concerning any duty and amount of child support
and 
15
may contain provisions concerning the custody and
guardianship 
16
of the child, visitation privileges with the child, the

17
furnishing of bond or other security for the payment of the 
18
judgment,
which the court shall determine in accordance with 
19
the relevant factors
set forth in the Illinois Marriage and 
20
Dissolution of Marriage
Act and any other applicable law of 
21
Illinois,
to guide the court in a finding in the best interests 
22
of the child.
In determining custody, joint custody, removal, 
23
or visitation, the court
shall apply
the relevant standards of 
24
the Illinois Marriage and Dissolution of Marriage
Act, 
 


 






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including Section 609. Specifically, in determining the amount 
2
of any
child support award or child health insurance coverage, 
3
the
court shall use the guidelines and standards set forth in 
4
subsection (a) of
Section 505 and in Section 505.2 of the 
5
Illinois Marriage and Dissolution of
Marriage Act. For purposes 
6
of Section
505 of the Illinois Marriage and Dissolution of 
7
Marriage Act,
"net income" of the non-custodial parent shall 
8
include any benefits
available to that person under the 
9
Illinois Public Aid Code or from other
federal, State or local 
10
government-funded programs. The court shall, in
any event and 
11
regardless of the amount of the non-custodial parent's net

12
income, in its judgment order the non-custodial parent to pay 
13
child support
to the custodial parent in a minimum amount of 
14
not less than $10 per month, as long as such an order is 
15
consistent with the requirements of Title IV, Part D of the 
16
Social Security Act.
In an action brought within 2 years after 
17
a judicial determination of parentage, the judgment or
order 
18
may direct either parent to pay the reasonable expenses 
19
incurred by
either parent or the Department of Healthcare and 
20
Family Services related to the mother's pregnancy and the 
21
delivery of the
child. The judgment or order shall contain the 
22
father's social security number,
which the father shall 
23
disclose to the court; however, failure to include the
father's 
24
social security number on the judgment or order does not 
25
invalidate
the judgment or order.

26
 (2) If a judgment of parentage contains no explicit award 
 


 






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of custody,
the establishment of a support obligation or of 
2
visitation rights in one
parent shall be considered a judgment 
3
granting custody to the other parent.
If the parentage judgment 
4
contains no such provisions, custody shall be
presumed to be 
5
with the mother;
however, the presumption shall not apply if 
6
the father has had
physical custody for at least 6
months prior 
7
to the date that the mother seeks to enforce custodial rights.

8
 (b) The court shall order all child support payments, 
9
determined in
accordance with such guidelines, to commence with 
10
the date summons is
served. The level of current periodic 
11
support payments shall not be
reduced because of payments set 
12
for the period prior to the date of entry
of the support order. 
13
The Court may order any child support payments to be
made for a

14
period prior to the commencement of the action.
In determining 
15
whether and the extent to which the
payments shall be made for 
16
any prior period, the court shall consider all
relevant facts, 
17
including the factors for determining the amount of support

18
specified in the Illinois Marriage and Dissolution of Marriage

19
Act and other equitable factors
including but not limited to:


20
  (1) The father's prior knowledge of the fact and 
21
 circumstances of the
child's birth.


22
  (2) The father's prior willingness or refusal to help 
23
 raise or
support the child.


24
  (3) The extent to which the mother or the public agency 
25
 bringing the
action previously informed the father of the 
26
 child's needs or attempted
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 raising or supporting the child.


2
  (4) The reasons the mother or the public agency did not 
3
 file the
action earlier.


4
  (5) The extent to which the father would be prejudiced 
5
 by the delay in
bringing the action.

6
 For purposes of determining the amount of child support to 
7
be paid for any
period before the date the order for current 
8
child support is entered, there is
a
rebuttable presumption 
9
that the father's net income for the prior period was
the same 
10
as his net income at the time the order for current child 
11
support is
entered.

12
 If (i) the non-custodial parent was properly served with a 
13
request for
discovery of
financial information relating to the 
14
non-custodial parent's ability to provide
child support, (ii)

15
the non-custodial parent failed to comply with the request, 
16
despite having been
ordered to
do so by the court, and (iii) 
17
the non-custodial parent is not present at the
hearing to

18
determine support despite having received proper notice, then 
19
any relevant
financial
information concerning the 
20
non-custodial parent's ability to provide child
support
that 
21
was
obtained pursuant to subpoena and proper notice shall be 
22
admitted into evidence
without
the need to establish any 
23
further foundation for its admission.

24
 (c) Any new or existing support order entered by the court 
25
under this
Section shall be deemed to be a series of judgments

26
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judgment
to be in the amount of each payment or installment of 
2
support and each such
judgment to be deemed entered as of the 
3
date the corresponding payment or
installment becomes due under 
4
the terms of the support order. Each
judgment shall have the 
5
full force, effect and attributes of any other
judgment of this 
6
State, including the ability to be enforced.
A lien arises by 
7
operation of law against the real and personal property of
the 
8
noncustodial parent for each installment of overdue support 
9
owed by the
noncustodial parent.

10
 (d) If the judgment or order of the court is at variance 
11
with the child's
birth certificate, the court shall order that 
12
a new birth certificate be
issued under the Vital Records Act.

13
 (e) On request of the mother and the father, the court 
14
shall order a
change in the child's name. After hearing 
15
evidence the court may stay
payment of support during the 
16
period of the father's minority or period of
disability.

17
 (f) If, upon a showing of proper service, the father fails 
18
to appear in
court, or
otherwise appear as provided by law, the 
19
court may proceed to hear the
cause upon testimony of the 
20
mother or other parties taken in open court and
shall enter a 
21
judgment by default. The court may reserve any order as to
the 
22
amount of child support until the father has received notice, 
23
by
regular mail, of a hearing on the matter.

24
 (g) A one-time charge of 20% is imposable upon the amount 
25
of past-due
child support owed on July 1, 1988 which has 
26
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1
shall be imposed in accordance with the
provisions of Section 
2
10-21 of the Illinois Public Aid Code and shall be
enforced by 
3
the court upon petition.

4
 (h) All orders for support, when entered or
modified, shall 
5
include a provision requiring the non-custodial parent
to

6
notify the court and, in cases in which party is receiving 
7
child
support enforcement services under Article X of the 
8
Illinois Public Aid Code,
the
Department of Healthcare and 
9
Family Services, within 7 days, (i) of the name and
address of 
10
any new employer of the non-custodial parent, (ii) whether the

11
non-custodial
parent has access to health insurance coverage 
12
through the employer or other
group coverage and, if so, the 
13
policy name and number and the names of
persons
covered under 
14
the policy, and (iii) of any new residential or mailing address

15
or telephone
number of the non-custodial parent. In any 
16
subsequent action to enforce a
support order, upon a sufficient 
17
showing that a diligent effort has been made
to ascertain the 
18
location of the non-custodial parent, service of process or

19
provision of notice necessary in the case may be made at the 
20
last known
address of the non-custodial parent in any manner 
21
expressly provided by the
Code of Civil Procedure or this Act, 
22
which service shall be sufficient for
purposes of due process.

23
 (i) An order for support shall include a date on which the 
24
current
support obligation terminates. The termination date 
25
shall be no earlier
than
the date on which the child covered by 
26
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not graduate from high school until after
attaining the age
of 
2
18, then the termination date shall be no earlier than the 
3
earlier of the
date on which
the child's high school graduation 
4
will occur or the date on which the child
will attain the
age 
5
of 19.
The order
for
support shall state that
the termination 
6
date does not apply to any arrearage that may remain unpaid on

7
that date. Nothing in this subsection shall be construed to 
8
prevent the court
from modifying the order
or terminating the 
9
order in the event the child is otherwise emancipated.

10
 (i-5) If there is an unpaid arrearage or delinquency (as 
11
those terms are defined in the Income Withholding for Support 
12
Act) equal to at least one month's support obligation on the 
13
termination date stated in the order for support or, if there 
14
is no termination date stated in the order, on the date the 
15
child attains the age of majority or is otherwise emancipated, 
16
the periodic amount required to be paid for current support of 
17
that child immediately prior to that date shall automatically 
18
continue to be an obligation, not as current support but as 
19
periodic payment toward satisfaction of the unpaid arrearage or 
20
delinquency. That periodic payment shall be in addition to any 
21
periodic payment previously required for satisfaction of the 
22
arrearage or delinquency. The total periodic amount to be paid 
23
toward satisfaction of the arrearage or delinquency may be 
24
enforced and collected by any method provided by law for 
25
enforcement and collection of child support, including but not 
26
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Support Act. Each order for support entered or modified on or 
2
after the effective date of this amendatory Act of the 93rd 
3
General Assembly must contain a statement notifying the parties 
4
of the requirements of this subsection. Failure to include the 
5
statement in the order for support does not affect the validity 
6
of the order or the operation of the provisions of this 
7
subsection with regard to the order. This subsection shall not 
8
be construed to prevent or affect the establishment or 
9
modification of an order for support of a minor child or the 
10
establishment or modification of an order for support of a 
11
non-minor child or educational expenses under Section 513 of 
12
the Illinois Marriage and Dissolution of Marriage Act.

13
 (j) An order entered under this Section shall include a 
14
provision
requiring the obligor to report to the obligee and to 
15
the clerk of court within
10 days each time the obligor obtains 
16
new employment, and each time the
obligor's employment is 
17
terminated for any reason.
The report shall be in writing and 
18
shall, in the case of new employment,
include the name and 
19
address of the new employer.
Failure to report new employment 
20
or
the termination of current employment, if coupled with 
21
nonpayment of support
for a period in excess of 60 days, is 
22
indirect criminal contempt. For
any obligor arrested for 
23
failure to report new employment bond shall be set in
the 
24
amount of the child support that should have been paid during 
25
the period of
unreported employment. An order entered under 
26
this Section shall also include
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1
obligor and obligee parents to advise each other of a
change in 
2
residence within 5 days of the change
except when the court 
3
finds that the physical, mental, or emotional health
of a party 
4
or that of a minor child, or both, would be seriously 
5
endangered by
disclosure of the party's address.

6
 (k) (1) Upon entering an order for the support of a minor 
7
child or at any
subsequent time, upon motion of the party 
8
obligated to make support payments
or on its own motion, the 
9
court may order, if it is in the best interest of the
minor 
10
child on whose
behalf support payments are ordered, the 
11
custodial parent to provide an
accounting of expenditures of 
12
support funds on behalf of the minor child to the
court and 
13
serve a copy of the accounting upon the party obligated to pay

14
support or that party's attorney. The accounting shall be 
15
recorded on forms
provided by the Administrative Office of the 
16
Illinois Courts.

17
 (2) In accounting for general household expenditures
(e.g. 
18
mortgage, rent, utilities) made on behalf of the child, the 
19
custodial
parent shall attribute as an expenditure for the 
20
child an amount which may be
no more than the percentage 
21
equivalence that the child on whose behalf support
is received 
22
is to the total number of people in the household (e.g. if the

23
child is one of 4 household members, support payments may be 
24
used to pay, at
most, 25% of the monthly mortgage payment).

25
 (3) The court may order the custodial parent to produce

26
receipts and other documentation verifying the expenses 
 


 






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reported.

2
 (4) If the court, after hearing upon motion by the party 
3
obligated to pay
support or by the State, or on its own motion, 
4
finds the expenditure of support
funds by the custodial parent 
5
is contrary to the best interest of the child,
the court may 
6
enter such orders as are necessary to ensure that the funds are

7
expended in the best interest of the child.

8
 (5) The party moving for an accounting must, prior to any 
9
hearing
thereon, certify in writing that, to the best of the 
10
movant's knowledge,
information, and belief, formed after 
11
reasonable inquiry, the motion for an
accounting is well 
12
grounded in fact and that it is not brought for any improper

13
purpose, such as to harass or to cause unnecessary delay or 
14
needless increase
in the cost of litigation. If the movant 
15
violates this certification, the
court, upon motion of the 
16
party receiving support or on its own motion, may
impose upon 
17
the person bringing the motion an appropriate sanction, which 
18
may
include an order to pay the other party the amount of 
19
reasonable expenses
incurred because of the bringing of the 
20
motion for accounting, including
reasonable attorney fees 
21
incurred and wages lost as a result of having to
appear in 
22
court. All proceedings under this subdivision (k)(5) shall be

23
brought in the manner set forth in Supreme Court Rule 137.
24
(Source: P.A. 94-923, eff. 1-1-07; 94-1061, eff. 1-1-07; 
25
95-331, eff. 8-21-07; 95-864, eff. 1-1-09.)



26
 Section 99. Effective date.  This Act takes effect January 
 


 






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1
1, 2011.