Rep. Mary E. Flowers

Filed: 3/19/2013

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1 AMENDMENT TO HOUSE BILL 11

2 AMENDMENT NO. ______. Amend House Bill 11 by replacing

3 everything after the enacting clause with the following:

4 "Section 5. The Public Utilities Act is amended by adding

5 Section 8-206.5 as follows:

6 (220 ILCS 5/8-206.5 new)

7 Sec. 8-206.5. Residential hardship programs. All public

8 utilities shall give notice and shall supply information about

9 any program the public utility has concerning a customer's

10 difficulty in paying their utility bill. If a customer contacts

11 a public utility concerning the customer's difficulty in paying

12 their utility bill, then the public utility shall offer to

13 connect a qualifying low-income customer to the Low Income

14 Energy Assistance Program managed by the Community and Economic

15 Development Association. The public utility shall inform the

16 qualifying low-income customer that the Low Income Energy

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1 Assistance Program is designed to assist income-eligible

2 households with winter energy services in the form of a

3 one-time benefit payment to the public utilities. Each public

4 utility shall post information concerning the Low Income Energy

5 Assistance Program on its websites and the information shall be

6 made available upon a customer's request.

7 Section 10. The Pharmacy Practice Act is amended by adding

8 Section 26.5 as follows:

9 (225 ILCS 85/26.5 new)

10 Sec. 26.5. Unemployed persons. A pharmacy or pharmacist

11 that receives federal or State funds may not refuse to dispense

12 prescription medication to a person who is receiving

13 unemployment benefits. If a person can furnish evidence of the

14 receipt of unemployment benefits, then the pharmacy or

15 pharmacist is required to give that person his or her

16 prescription and provide the person with information about

17 prescription assistance programs, such as Rx for Illinois. Upon

18 learning that a customer is receiving unemployment benefits and

19 providing the customer with information on prescription

20 assistance programs, the pharmacy or pharmacist shall not

21 refuse to dispense prescription medication for 30 days, giving

22 the customer time to sign up for such a program.

23 Section 15. The Code of Civil Procedure is amended by

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1 changing Section 15-1508 as follows:

2 (735 ILCS 5/15-1508) (from Ch. 110, par. 15-1508)

3 (Text of Section before amendment by P.A. 97-1164)

4 Sec. 15-1508. Report of Sale and Confirmation of Sale.

5 (a) Report. The person conducting the sale shall promptly

6 make a report to the court, which report shall include a copy

7 of all receipts and, if any, certificate of sale.

8 (b) Hearing. Upon motion and notice in accordance with

9 court rules applicable to motions generally, which motion shall

10 not be made prior to sale, the court shall conduct a hearing to

11 confirm the sale. Unless the court finds that (i) a notice

12 required in accordance with subsection (c) of Section 15-1507

13 was not given, (ii) the terms of sale were unconscionable,

14 (iii) the sale was conducted fraudulently, or (iv) justice was

15 otherwise not done, the court shall then enter an order

16 confirming the sale. The confirmation order shall include a

17 name, address, and telephone number of the holder of the

18 certificate of sale or deed issued pursuant to that certificate

19 or, if no certificate or deed was issued, the purchaser, whom a

20 municipality or county may contact with concerns about the real

21 estate. The confirmation order may also:

22 (1) approve the mortgagee's fees and costs arising

23 between the entry of the judgment of foreclosure and the

24 confirmation hearing, those costs and fees to be allowable

25 to the same extent as provided in the note and mortgage and

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1 in Section 15-1504;

2 (2) provide for a personal judgment against any party

3 for a deficiency; and

4 (3) determine the priority of the judgments of parties

5 who deferred proving the priority pursuant to subsection

6 (h) of Section 15-1506, but the court shall not defer

7 confirming the sale pending the determination of such

8 priority.

9 (b-5) Notice with respect to residential real estate. With

10 respect to residential real estate, the notice required under

11 subsection (b) of this Section shall be sent to the mortgagor

12 even if the mortgagor has previously been held in default. In

13 the event the mortgagor has filed an appearance, the notice

14 shall be sent to the address indicated on the appearance. In

15 all other cases, the notice shall be sent to the mortgagor at

16 the common address of the foreclosed property. The notice shall

17 be sent by first class mail. Unless the right to possession has

18 been previously terminated by the court, the notice shall

19 include the following language in 12-point boldface

20 capitalized type:

21 IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO

22 REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF

23 POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE

24 ILLINOIS MORTGAGE FORECLOSURE LAW.

25 (b-10) Notice of confirmation order sent to municipality or

26 county. A copy of the confirmation order required under

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1 subsection (b) shall be sent to the municipality in which the

2 foreclosed property is located, or to the county within the

3 boundary of which the foreclosed property is located if the

4 foreclosed property is located in an unincorporated territory.

5 A municipality or county must clearly publish on its website a

6 single address to which such notice shall be sent. If a

7 municipality or county does not maintain a website, then the

8 municipality or county must publicly post in its main office a

9 single address to which such notice shall be sent. In the event

10 that a municipality or county has not complied with the

11 publication requirement in this subsection (b-10), then such

12 notice to the municipality or county shall be provided pursuant

13 to Section 2-211 of the Code of Civil Procedure.

14 (c) Failure to Give Notice. If any sale is held without

15 compliance with subsection (c) of Section 15-1507 of this

16 Article, any party entitled to the notice provided for in

17 paragraph (3) of that subsection (c) who was not so notified

18 may, by motion supported by affidavit made prior to

19 confirmation of such sale, ask the court which entered the

20 judgment to set aside the sale. Any such party shall guarantee

21 or secure by bond a bid equal to the successful bid at the

22 prior sale, unless the party seeking to set aside the sale is

23 the mortgagor, the real estate sold at the sale is residential

24 real estate, and the mortgagor occupies the residential real

25 estate at the time the motion is filed. In that event, no

26 guarantee or bond shall be required of the mortgagor. Any

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1 subsequent sale is subject to the same notice requirement as

2 the original sale.

3 (d) Validity of Sale. Except as provided in subsection (c)

4 of Section 15-1508, no sale under this Article shall be held

5 invalid or be set aside because of any defect in the notice

6 thereof or in the publication of the same, or in the

7 proceedings of the officer conducting the sale, except upon

8 good cause shown in a hearing pursuant to subsection (b) of

9 Section 15-1508. At any time after a sale has occurred, any

10 party entitled to notice under paragraph (3) of subsection (c)

11 of Section 15-1507 may recover from the mortgagee any damages

12 caused by the mortgagee's failure to comply with such paragraph

13 (3). Any party who recovers damages in a judicial proceeding

14 brought under this subsection may also recover from the

15 mortgagee the reasonable expenses of litigation, including

16 reasonable attorney's fees.

17 (d-5) Making Home Affordable Program. The court that

18 entered the judgment shall set aside a sale held pursuant to

19 Section 15-1507, upon motion of the mortgagor at any time prior

20 to the confirmation of the sale, if the mortgagor proves by a

21 preponderance of the evidence that (i) the mortgagor has

22 applied for assistance under the Making Home Affordable Program

23 established by the United States Department of the Treasury

24 pursuant to the Emergency Economic Stabilization Act of 2008,

25 as amended by the American Recovery and Reinvestment Act of

26 2009, and (ii) the mortgaged real estate was sold in material

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1 violation of the program's requirements for proceeding to a

2 judicial sale. The provisions of this subsection (d-5), except

3 for this sentence, shall become inoperative on January 1, 2014

4 for all actions filed under this Article after December 31,

5 2013, in which the mortgagor did not apply for assistance under

6 the Making Home Affordable Program on or before December 31,

7 2013.

8 (d-10) Illinois Hardest Hit Program. The court that entered

9 the judgment shall set aside a sale held pursuant to Section

10 15-1507 of this Act, upon motion of the mortgagor at any time

11 prior to the confirmation of the sale, if the mortgagor proves

12 by a preponderance of the evidence that (i) the mortgagor is

13 receiving assistance under the Illinois Hardest Hit Program as

14 created by 12 U.S.C. 5211 and 12 U.S.C. 5219, and administered

15 by the Illinois Housing Development Authority pursuant to the

16 Illinois Housing Development Act and (ii) the assistance

17 received under part (i) of this subsection has enabled the

18 mortgagor to reinstate the mortgage pursuant to Section 15-1602

19 of this Act and make continuing mortgage payments as available

20 under the Illinois Hardest Hit Program to avoid default.

21 Nothing in this subsection shall prohibit the mortgagee from

22 proceeding in the foreclosure action upon a subsequent default

23 of the mortgagor. Except for this sentence, this subsection is

24 inoperative on and after January 1, 2017 for all actions filed

25 under this Article after December 31, 2016 in which the

26 mortgagor did not begin receiving the assistance described in

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1 this subsection under the Illinois Hardest Hit Program on or

2 before December 31, 2016.

3 Upon receiving notice of foreclosure, a person receiving

4 unemployment benefits may apply to the court requesting that it

5 enjoin the foreclosure. The court shall grant the injunction if

6 the person can provide evidence that they are receiving such

7 benefits. The court may, in its discretion, issue an order

8 requiring that the mortgagor apply for assistance from the

9 Illinois Hardest Hit Program.

10 (e) Deficiency Judgment. In any order confirming a sale

11 pursuant to the judgment of foreclosure, the court shall also

12 enter a personal judgment for deficiency against any party (i)

13 if otherwise authorized and (ii) to the extent requested in the

14 complaint and proven upon presentation of the report of sale in

15 accordance with Section 15-1508. Except as otherwise provided

16 in this Article, a judgment may be entered for any balance of

17 money that may be found due to the plaintiff, over and above

18 the proceeds of the sale or sales, and enforcement may be had

19 for the collection of such balance, the same as when the

20 judgment is solely for the payment of money. Such judgment may

21 be entered, or enforcement had, only in cases where personal

22 service has been had upon the persons personally liable for the

23 mortgage indebtedness, unless they have entered their

24 appearance in the foreclosure action.

25 (f) Satisfaction. Upon confirmation of the sale, the

26 judgment stands satisfied to the extent of the sale price less

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1 expenses and costs. If the order confirming the sale includes a

2 deficiency judgment, the judgment shall become a lien in the

3 manner of any other judgment for the payment of money.

4 (g) The order confirming the sale shall include,

5 notwithstanding any previous orders awarding possession during

6 the pendency of the foreclosure, an award to the purchaser of

7 possession of the mortgaged real estate, as of the date 30 days

8 after the entry of the order, against the parties to the

9 foreclosure whose interests have been terminated.

10 An order of possession authorizing the removal of a person

11 from possession of the mortgaged real estate shall be entered

12 and enforced only against those persons personally named as

13 individuals in the complaint or the petition under subsection

14 (h) of Section 15-1701 and in the order of possession and shall

15 not be entered and enforced against any person who is only

16 generically described as an unknown owner or nonrecord claimant

17 or by another generic designation in the complaint.

18 Notwithstanding the preceding paragraph, the failure to

19 personally name, include, or seek an award of possession of the

20 mortgaged real estate against a person in the confirmation

21 order shall not abrogate any right that the purchaser may have

22 to possession of the mortgaged real estate and to maintain a

23 proceeding against that person for possession under Article 9

24 of this Code or subsection (h) of Section 15-1701; and

25 possession against a person who (1) has not been personally

26 named as a party to the foreclosure and (2) has not been

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1 provided an opportunity to be heard in the foreclosure

2 proceeding may be sought only by maintaining a proceeding under

3 Article 9 of this Code or subsection (h) of Section 15-1701.

4 (h) With respect to mortgaged real estate containing 5 or

5 more dwelling units, the order confirming the sale shall also

6 provide that (i) the mortgagor shall transfer to the purchaser

7 the security deposits, if any, that the mortgagor received to

8 secure payment of rent or to compensate for damage to the

9 mortgaged real estate from any current occupant of a dwelling

10 unit of the mortgaged real estate, as well as any statutory

11 interest that has not been paid to the occupant, and (ii) the

12 mortgagor shall provide an accounting of the security deposits

13 that are transferred, including the name and address of each

14 occupant for whom the mortgagor holds the deposit and the

15 amount of the deposit and any statutory interest.

16 (Source: P.A. 96-265, eff. 8-11-09; 96-856, eff. 3-1-10;

17 96-1245, eff. 7-23-10; 97-333, eff. 8-12-11; 97-575, eff.

18 8-26-11; 97-1159, eff. 1-29-13.)

19 (Text of Section after amendment by P.A. 97-1164)

20 Sec. 15-1508. Report of Sale and Confirmation of Sale.

21 (a) Report. The person conducting the sale shall promptly

22 make a report to the court, which report shall include a copy

23 of all receipts and, if any, certificate of sale.

24 (b) Hearing. Upon motion and notice in accordance with

25 court rules applicable to motions generally, which motion shall

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1 not be made prior to sale, the court shall conduct a hearing to

2 confirm the sale. Unless the court finds that (i) a notice

3 required in accordance with subsection (c) of Section 15-1507

4 was not given, (ii) the terms of sale were unconscionable,

5 (iii) the sale was conducted fraudulently, or (iv) justice was

6 otherwise not done, the court shall then enter an order

7 confirming the sale. The confirmation order shall include a

8 name, address, and telephone number of the holder of the

9 certificate of sale or deed issued pursuant to that certificate

10 or, if no certificate or deed was issued, the purchaser, whom a

11 municipality or county may contact with concerns about the real

12 estate. The confirmation order may also:

13 (1) approve the mortgagee's fees and costs arising

14 between the entry of the judgment of foreclosure and the

15 confirmation hearing, those costs and fees to be allowable

16 to the same extent as provided in the note and mortgage and

17 in Section 15-1504;

18 (2) provide for a personal judgment against any party

19 for a deficiency; and

20 (3) determine the priority of the judgments of parties

21 who deferred proving the priority pursuant to subsection

22 (h) of Section 15-1506, but the court shall not defer

23 confirming the sale pending the determination of such

24 priority.

25 (b-3) Hearing to confirm sale of abandoned residential

26 property. Upon motion and notice by first-class mail to the

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1 last known address of the mortgagor, which motion shall be made

2 prior to the sale and heard by the court at the earliest

3 practicable time after conclusion of the sale, and upon the

4 posting at the property address of the notice required by

5 paragraph (2) of subsection (l) of Section 15-1505.8, the court

6 shall enter an order confirming the sale of the abandoned

7 residential property, unless the court finds that a reason set

8 forth in items (i) through (iv) of subsection (b) of this

9 Section exists for not approving the sale, or an order is

10 entered pursuant to subsection (h) of Section 15-1505.8. The

11 confirmation order also may address the matters identified in

12 items (1) through (3) of subsection (b) of this Section. The

13 notice required under subsection (b-5) of this Section shall

14 not be required.

15 (b-5) Notice with respect to residential real estate. With

16 respect to residential real estate, the notice required under

17 subsection (b) of this Section shall be sent to the mortgagor

18 even if the mortgagor has previously been held in default. In

19 the event the mortgagor has filed an appearance, the notice

20 shall be sent to the address indicated on the appearance. In

21 all other cases, the notice shall be sent to the mortgagor at

22 the common address of the foreclosed property. The notice shall

23 be sent by first class mail. Unless the right to possession has

24 been previously terminated by the court, the notice shall

25 include the following language in 12-point boldface

26 capitalized type:

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1 IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO

2 REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF

3 POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE

4 ILLINOIS MORTGAGE FORECLOSURE LAW.

5 (b-10) Notice of confirmation order sent to municipality or

6 county. A copy of the confirmation order required under

7 subsection (b) shall be sent to the municipality in which the

8 foreclosed property is located, or to the county within the

9 boundary of which the foreclosed property is located if the

10 foreclosed property is located in an unincorporated territory.

11 A municipality or county must clearly publish on its website a

12 single address to which a copy of the order shall be sent. If a

13 municipality or county does not maintain a website, then the

14 municipality or county must publicly post in its main office a

15 single address to which a copy of the order shall be sent. In

16 the event that a municipality or county has not complied with

17 the publication requirement in this subsection (b-10), then a

18 copy of the order shall be sent by first class mail, postage

19 prepaid, to the chairperson of the county board or county clerk

20 in the case of a county, to the mayor or city clerk in the case

21 of a city, to the president of the board of trustees or village

22 clerk in the case of a village, or to the president or town

23 clerk in the case of a town.

24 (b-15) Notice of confirmation order sent to known insurers.

25 With respect to residential real estate, the party filing the

26 complaint shall send a copy of the confirmation order required

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1 under subsection (b) by first class mail, postage prepaid, to

2 the last known property insurer of the foreclosed property.

3 Failure to send or receive a copy of the order shall not impair

4 or abrogate in any way the rights of the mortgagee or purchaser

5 or affect the status of the foreclosure proceedings.

6 (c) Failure to Give Notice. If any sale is held without

7 compliance with subsection (c) of Section 15-1507 of this

8 Article, any party entitled to the notice provided for in

9 paragraph (3) of that subsection (c) who was not so notified

10 may, by motion supported by affidavit made prior to

11 confirmation of such sale, ask the court which entered the

12 judgment to set aside the sale. Any such party shall guarantee

13 or secure by bond a bid equal to the successful bid at the

14 prior sale, unless the party seeking to set aside the sale is

15 the mortgagor, the real estate sold at the sale is residential

16 real estate, and the mortgagor occupies the residential real

17 estate at the time the motion is filed. In that event, no

18 guarantee or bond shall be required of the mortgagor. Any

19 subsequent sale is subject to the same notice requirement as

20 the original sale.

21 (d) Validity of Sale. Except as provided in subsection (c)

22 of Section 15-1508, no sale under this Article shall be held

23 invalid or be set aside because of any defect in the notice

24 thereof or in the publication of the same, or in the

25 proceedings of the officer conducting the sale, except upon

26 good cause shown in a hearing pursuant to subsection (b) of

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1 Section 15-1508. At any time after a sale has occurred, any

2 party entitled to notice under paragraph (3) of subsection (c)

3 of Section 15-1507 may recover from the mortgagee any damages

4 caused by the mortgagee's failure to comply with such paragraph

5 (3). Any party who recovers damages in a judicial proceeding

6 brought under this subsection may also recover from the

7 mortgagee the reasonable expenses of litigation, including

8 reasonable attorney's fees.

9 (d-5) Making Home Affordable Program. The court that

10 entered the judgment shall set aside a sale held pursuant to

11 Section 15-1507, upon motion of the mortgagor at any time prior

12 to the confirmation of the sale, if the mortgagor proves by a

13 preponderance of the evidence that (i) the mortgagor has

14 applied for assistance under the Making Home Affordable Program

15 established by the United States Department of the Treasury

16 pursuant to the Emergency Economic Stabilization Act of 2008,

17 as amended by the American Recovery and Reinvestment Act of

18 2009, and (ii) the mortgaged real estate was sold in material

19 violation of the program's requirements for proceeding to a

20 judicial sale. The provisions of this subsection (d-5), except

21 for this sentence, shall become inoperative on January 1, 2014

22 for all actions filed under this Article after December 31,

23 2013, in which the mortgagor did not apply for assistance under

24 the Making Home Affordable Program on or before December 31,

25 2013.

26 (d-10) Illinois Hardest Hit Program. The court that entered

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1 the judgment shall set aside a sale held pursuant to Section

2 15-1507 of this Act, upon motion of the mortgagor at any time

3 prior to the confirmation of the sale, if the mortgagor proves

4 by a preponderance of the evidence that (i) the mortgagor is

5 receiving assistance under the Illinois Hardest Hit Program as

6 created by 12 U.S.C. 5211 and 12 U.S.C. 5219, and administered

7 by the Illinois Housing Development Authority pursuant to the

8 Illinois Housing Development Act and (ii) the assistance

9 received under part (i) of this subsection has enabled the

10 mortgagor to reinstate the mortgage pursuant to Section 15-1602

11 of this Act and make continuing mortgage payments as available

12 under the Illinois Hardest Hit Program to avoid default.

13 Nothing in this subsection shall prohibit the mortgagee from

14 proceeding in the foreclosure action upon a subsequent default

15 of the mortgagor. Except for this sentence, this subsection is

16 inoperative on and after January 1, 2017 for all actions filed

17 under this Article after December 31, 2016 in which the

18 mortgagor did not begin receiving the assistance described in

19 this subsection under the Illinois Hardest Hit Program on or

20 before December 31, 2016.

21 Upon receiving notice of foreclosure, a person receiving

22 unemployment benefits may apply to the court requesting that it

23 enjoin the foreclosure. The court shall grant the injunction if

24 the person can provide evidence that they are receiving such

25 benefits. The court may, in its discretion, issue an order

26 requiring that the mortgagor apply for assistance from the

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1 Illinois Hardest Hit Program.

2 (e) Deficiency Judgment. In any order confirming a sale

3 pursuant to the judgment of foreclosure, the court shall also

4 enter a personal judgment for deficiency against any party (i)

5 if otherwise authorized and (ii) to the extent requested in the

6 complaint and proven upon presentation of the report of sale in

7 accordance with Section 15-1508. Except as otherwise provided

8 in this Article, a judgment may be entered for any balance of

9 money that may be found due to the plaintiff, over and above

10 the proceeds of the sale or sales, and enforcement may be had

11 for the collection of such balance, the same as when the

12 judgment is solely for the payment of money. Such judgment may

13 be entered, or enforcement had, only in cases where personal

14 service has been had upon the persons personally liable for the

15 mortgage indebtedness, unless they have entered their

16 appearance in the foreclosure action.

17 (f) Satisfaction. Upon confirmation of the sale, the

18 judgment stands satisfied to the extent of the sale price less

19 expenses and costs. If the order confirming the sale includes a

20 deficiency judgment, the judgment shall become a lien in the

21 manner of any other judgment for the payment of money.

22 (g) The order confirming the sale shall include,

23 notwithstanding any previous orders awarding possession during

24 the pendency of the foreclosure, an award to the purchaser of

25 possession of the mortgaged real estate, as of the date 30 days

26 after the entry of the order, against the parties to the

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1 foreclosure whose interests have been terminated.

2 An order of possession authorizing the removal of a person

3 from possession of the mortgaged real estate shall be entered

4 and enforced only against those persons personally named as

5 individuals in the complaint or the petition under subsection

6 (h) of Section 15-1701 and in the order of possession and shall

7 not be entered and enforced against any person who is only

8 generically described as an unknown owner or nonrecord claimant

9 or by another generic designation in the complaint.

10 Notwithstanding the preceding paragraph, the failure to

11 personally name, include, or seek an award of possession of the

12 mortgaged real estate against a person in the confirmation

13 order shall not abrogate any right that the purchaser may have

14 to possession of the mortgaged real estate and to maintain a

15 proceeding against that person for possession under Article 9

16 of this Code or subsection (h) of Section 15-1701; and

17 possession against a person who (1) has not been personally

18 named as a party to the foreclosure and (2) has not been

19 provided an opportunity to be heard in the foreclosure

20 proceeding may be sought only by maintaining a proceeding under

21 Article 9 of this Code or subsection (h) of Section 15-1701.

22 (h) With respect to mortgaged real estate containing 5 or

23 more dwelling units, the order confirming the sale shall also

24 provide that (i) the mortgagor shall transfer to the purchaser

25 the security deposits, if any, that the mortgagor received to

26 secure payment of rent or to compensate for damage to the

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1 mortgaged real estate from any current occupant of a dwelling

2 unit of the mortgaged real estate, as well as any statutory

3 interest that has not been paid to the occupant, and (ii) the

4 mortgagor shall provide an accounting of the security deposits

5 that are transferred, including the name and address of each

6 occupant for whom the mortgagor holds the deposit and the

7 amount of the deposit and any statutory interest.

8 (Source: P.A. 96-265, eff. 8-11-09; 96-856, eff. 3-1-10;

9 96-1245, eff. 7-23-10; 97-333, eff. 8-12-11; 97-575, eff.

10 8-26-11; 97-1159, eff. 1-29-13; 97-1164, eff. 6-1-13; revised

11 2-22-13.)

12 Section 20. The Illinois Marriage and Dissolution of

13 Marriage Act is amended by changing Section 505 as follows:

14 (750 ILCS 5/505) (from Ch. 40, par. 505)

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

16 (a) In a proceeding for dissolution of marriage, legal

17 separation, declaration of invalidity of marriage, a

18 proceeding for child support following dissolution of the

19 marriage by a court that lacked personal jurisdiction over the

20 absent spouse, a proceeding for modification of a previous

21 order for child support under Section 510 of this Act, or any

22 proceeding authorized under Section 501 or 601 of this Act, the

23 court may order either or both parents owing a duty of support

24 to a child of the marriage to pay an amount reasonable and

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1 necessary for the support of the child, without regard to

2 marital misconduct. The duty of support owed to a child

3 includes the obligation to provide for the reasonable and

4 necessary educational, physical, mental and emotional health

5 needs of the child. For purposes of this Section, the term

6 "child" shall include any child under age 18 and any child

7 under age 19 who is still attending high school.

8 (1) The Court shall determine the minimum amount of

9 support by using the following guidelines:

10	`Number of Children`	`Percent of Supporting Party's`
11		`Net Income`
12	`1`	`20%`
13	`2`	`28%`
14	`3`	`32%`
15	`4`	`40%`
16	`5`	`45%`
17	`6 or more`	`50%`

18 (2) The above guidelines shall be applied in each case

19 unless the court finds that a deviation from the guidelines

20 is appropriate after considering the best interest of the

21 child in light of the evidence, including, but not limited

22 to, one or more of the following relevant factors:

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

24 (b) the financial resources and needs of the

25 custodial parent;

26 (c) the standard of living the child would have

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1 enjoyed had the marriage not been dissolved;

2 (d) the physical, mental, and emotional needs of

3 the child;

4 (d-5) the educational needs of the child; and

5 (e) the financial resources and needs of the

6 non-custodial parent.

7 If the court deviates from the guidelines, the court's

8 finding shall state the amount of support that would have

9 been required under the guidelines, if determinable. The

10 court shall include the reason or reasons for the variance

11 from the guidelines.

12 (2.5) The court, in its discretion, in addition to

13 setting child support pursuant to the guidelines and

14 factors, may order either or both parents owing a duty of

15 support to a child of the marriage to contribute to the

16 following expenses, if determined by the court to be

17 reasonable:

18 (a) health needs not covered by insurance;

19 (b) child care;

20 (c) education; and

21 (d) extracurricular activities.

22 (3) "Net income" is defined as the total of all income

23 from all sources, minus the following deductions:

24 (a) Federal income tax (properly calculated

25 withholding or estimated payments);

26 (b) State income tax (properly calculated

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1 withholding or estimated payments);

2 (c) Social Security (FICA payments);

3 (d) Mandatory retirement contributions required by

4 law or as a condition of employment;

5 (e) Union dues;

6 (f) Dependent and individual

7 health/hospitalization insurance premiums and premiums

8 for life insurance ordered by the court to reasonably

9 secure payment of ordered child support;

10 (g) Prior obligations of support or maintenance

11 actually paid pursuant to a court order;

12 (h) Expenditures for repayment of debts that

13 represent reasonable and necessary expenses for the

14 production of income, medical expenditures necessary

15 to preserve life or health, reasonable expenditures

16 for the benefit of the child and the other parent,

17 exclusive of gifts. The court shall reduce net income

18 in determining the minimum amount of support to be

19 ordered only for the period that such payments are due

20 and shall enter an order containing provisions for its

21 self-executing modification upon termination of such

22 payment period;

23 (i) Foster care payments paid by the Department of

24 Children and Family Services for providing licensed

25 foster care to a foster child.

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

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1 health/hospitalization insurance coverage pursuant to

2 Section 505.2 of this Act, the premiums for that insurance,

3 or that portion of the premiums for which the supporting

4 party is responsible in the case of insurance provided

5 through an employer's health insurance plan where the

6 employer pays a portion of the premiums, shall be

7 subtracted from net income in determining the minimum

8 amount of support to be ordered.

9 (4.5) In a proceeding for child support following

10 dissolution of the marriage by a court that lacked personal

11 jurisdiction over the absent spouse, and in which the court

12 is requiring payment of support for the period before the

13 date an order for current support is entered, there is a

14 rebuttable presumption that the supporting party's net

15 income for the prior period was the same as his or her net

16 income at the time the order for current support is

17 entered.

18 (5) If the net income cannot be determined because of

19 default or any other reason, the court shall order support

20 in an amount considered reasonable in the particular case.

21 The final order in all cases shall state the support level

22 in dollar amounts. However, if the court finds that the

23 child support amount cannot be expressed exclusively as a

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

25 income is uncertain as to source, time of payment, or

26 amount, the court may order a percentage amount of support

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1 in addition to a specific dollar amount and enter such

2 other orders as may be necessary to determine and enforce,

3 on a timely basis, the applicable support ordered.

4 (6) If (i) the non-custodial parent was properly served

5 with a request for discovery of financial information

6 relating to the non-custodial parent's ability to provide

7 child support, (ii) the non-custodial parent failed to

8 comply with the request, despite having been ordered to do

9 so by the court, and (iii) the non-custodial parent is not

10 present at the hearing to determine support despite having

11 received proper notice, then any relevant financial

12 information concerning the non-custodial parent's ability

13 to provide child support that was obtained pursuant to

14 subpoena and proper notice shall be admitted into evidence

15 without the need to establish any further foundation for

16 its admission.

17 (a-5) In an action to enforce an order for support based on

18 the respondent's failure to make support payments as required

19 by the order, notice of proceedings to hold the respondent in

20 contempt for that failure may be served on the respondent by

21 personal service or by regular mail addressed to the

22 respondent's last known address. The respondent's last known

23 address may be determined from records of the clerk of the

24 court, from the Federal Case Registry of Child Support Orders,

25 or by any other reasonable means.

26 (b) Failure of either parent to comply with an order to pay

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1 support shall be punishable as in other cases of contempt. In

2 addition to other penalties provided by law the Court may,

3 after finding the parent guilty of contempt, order that the

4 parent be:

5 (1) placed on probation with such conditions of

6 probation as the Court deems advisable;

7 (2) sentenced to periodic imprisonment for a period not

8 to exceed 6 months; provided, however, that the Court may

9 permit the parent to be released for periods of time during

10 the day or night to:

11 (A) work; or

12 (B) conduct a business or other self-employed

13 occupation.

14 The Court may further order any part or all of the earnings

15 of a parent during a sentence of periodic imprisonment paid to

16 the Clerk of the Circuit Court or to the parent having custody

17 or to the guardian having custody of the children of the

18 sentenced parent for the support of said children until further

19 order of the Court.

20 If either parent fails to pay support due to unemployment,

21 then the court may not fine or sentence the parent to periodic

22 imprisonment.

23 If a parent who is found guilty of contempt for failure to

24 comply with an order to pay support is a person who conducts a

25 business or who is self-employed, the court in addition to

26 other penalties provided by law may order that the parent do

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1 one or more of the following: (i) provide to the court monthly

2 financial statements showing income and expenses from the

3 business or the self-employment; (ii) seek employment and

4 report periodically to the court with a diary, listing, or

5 other memorandum of his or her employment search efforts; or

6 (iii) report to the Department of Employment Security for job

7 search services to find employment that will be subject to

8 withholding for child support.

9 If there is a unity of interest and ownership sufficient to

10 render no financial separation between a non-custodial parent

11 and another person or persons or business entity, the court may

12 pierce the ownership veil of the person, persons, or business

13 entity to discover assets of the non-custodial parent held in

14 the name of that person, those persons, or that business

15 entity. The following circumstances are sufficient to

16 authorize a court to order discovery of the assets of a person,

17 persons, or business entity and to compel the application of

18 any discovered assets toward payment on the judgment for

19 support:

20 (1) the non-custodial parent and the person, persons,

21 or business entity maintain records together.

22 (2) the non-custodial parent and the person, persons,

23 or business entity fail to maintain an arm's length

24 relationship between themselves with regard to any assets.

25 (3) the non-custodial parent transfers assets to the

26 person, persons, or business entity with the intent to

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1 perpetrate a fraud on the custodial parent.

2 With respect to assets which are real property, no order

3 entered under this paragraph shall affect the rights of bona

4 fide purchasers, mortgagees, judgment creditors, or other lien

5 holders who acquire their interests in the property prior to

6 the time a notice of lis pendens pursuant to the Code of Civil

7 Procedure or a copy of the order is placed of record in the

8 office of the recorder of deeds for the county in which the

9 real property is located.

10 The court may also order in cases where the parent is 90

11 days or more delinquent in payment of support or has been

12 adjudicated in arrears in an amount equal to 90 days obligation

13 or more, that the parent's Illinois driving privileges be

14 suspended until the court determines that the parent is in

15 compliance with the order of support. The court may also order

16 that the parent be issued a family financial responsibility

17 driving permit that would allow limited driving privileges for

18 employment and medical purposes in accordance with Section

19 7-702.1 of the Illinois Vehicle Code. The clerk of the circuit

20 court shall certify the order suspending the driving privileges

21 of the parent or granting the issuance of a family financial

22 responsibility driving permit to the Secretary of State on

23 forms prescribed by the Secretary. Upon receipt of the

24 authenticated documents, the Secretary of State shall suspend

25 the parent's driving privileges until further order of the

26 court and shall, if ordered by the court, subject to the

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1 provisions of Section 7-702.1 of the Illinois Vehicle Code,

2 issue a family financial responsibility driving permit to the

3 parent.

4 In addition to the penalties or punishment that may be

5 imposed under this Section, any person whose conduct

6 constitutes a violation of Section 15 of the Non-Support

7 Punishment Act may be prosecuted under that Act, and a person

8 convicted under that Act may be sentenced in accordance with

9 that Act. The sentence may include but need not be limited to a

10 requirement that the person perform community service under

11 Section 50 of that Act or participate in a work alternative

12 program under Section 50 of that Act. A person may not be

13 required to participate in a work alternative program under

14 Section 50 of that Act if the person is currently participating

15 in a work program pursuant to Section 505.1 of this Act.

16 A support obligation, or any portion of a support

17 obligation, which becomes due and remains unpaid as of the end

18 of each month, excluding the child support that was due for

19 that month to the extent that it was not paid in that month,

20 shall accrue simple interest as set forth in Section 12-109 of

21 the Code of Civil Procedure. An order for support entered or

22 modified on or after January 1, 2006 shall contain a statement

23 that a support obligation required under the order, or any

24 portion of a support obligation required under the order, that

25 becomes due and remains unpaid as of the end of each month,

26 excluding the child support that was due for that month to the

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1 extent that it was not paid in that month, shall accrue simple

2 interest as set forth in Section 12-109 of the Code of Civil

3 Procedure. Failure to include the statement in the order for

4 support does not affect the validity of the order or the

5 accrual of interest as provided in this Section.

6 (c) A one-time charge of 20% is imposable upon the amount

7 of past-due child support owed on July 1, 1988 which has

8 accrued under a support order entered by the court. The charge

9 shall be imposed in accordance with the provisions of Section

10 10-21 of the Illinois Public Aid Code and shall be enforced by

11 the court upon petition.

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

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

14 against the person obligated to pay support thereunder, each

15 such judgment to be in the amount of each payment or

16 installment of support and each such judgment to be deemed

17 entered as of the date the corresponding payment or installment

18 becomes due under the terms of the support order. Each such

19 judgment shall have the full force, effect and attributes of

20 any other judgment of this State, including the ability to be

21 enforced. Notwithstanding any other State or local law to the

22 contrary, a lien arises by operation of law against the real

23 and personal property of the noncustodial parent for each

24 installment of overdue support owed by the noncustodial parent.

25 (e) When child support is to be paid through the clerk of

26 the court in a county of 1,000,000 inhabitants or less, the

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1 order shall direct the obligor to pay to the clerk, in addition

2 to the child support payments, all fees imposed by the county

3 board under paragraph (3) of subsection (u) of Section 27.1 of

4 the Clerks of Courts Act. Unless paid in cash or pursuant to an

5 order for withholding, the payment of the fee shall be by a

6 separate instrument from the support payment and shall be made

7 to the order of the Clerk.

8 (f) All orders for support, when entered or modified, shall

9 include a provision requiring the obligor to notify the court

10 and, in cases in which a party is receiving child and spouse

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

12 Department of Healthcare and Family Services, within 7 days,

13 (i) of the name and address of any new employer of the obligor,

14 (ii) whether the obligor has access to health insurance

15 coverage through the employer or other group coverage and, if

16 so, the policy name and number and the names of persons covered

17 under the policy, and (iii) of any new residential or mailing

18 address or telephone number of the non-custodial parent. In any

19 subsequent action to enforce a support order, upon a sufficient

20 showing that a diligent effort has been made to ascertain the

21 location of the non-custodial parent, service of process or

22 provision of notice necessary in the case may be made at the

23 last known address of the non-custodial parent in any manner

24 expressly provided by the Code of Civil Procedure or this Act,

25 which service shall be sufficient for purposes of due process.

26 (g) An order for support shall include a date on which the

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1 current support obligation terminates. The termination date

2 shall be no earlier than the date on which the child covered by

3 the order will attain the age of 18. However, if the child will

4 not graduate from high school until after attaining the age of

5 18, then the termination date shall be no earlier than the

6 earlier of the date on which the child's high school graduation

7 will occur or the date on which the child will attain the age

8 of 19. The order for support shall state that the termination

9 date does not apply to any arrearage that may remain unpaid on

10 that date. Nothing in this subsection shall be construed to

11 prevent the court from modifying the order or terminating the

12 order in the event the child is otherwise emancipated.

13 (g-5) If there is an unpaid arrearage or delinquency (as

14 those terms are defined in the Income Withholding for Support

15 Act) equal to at least one month's support obligation on the

16 termination date stated in the order for support or, if there

17 is no termination date stated in the order, on the date the

18 child attains the age of majority or is otherwise emancipated,

19 the periodic amount required to be paid for current support of

20 that child immediately prior to that date shall automatically

21 continue to be an obligation, not as current support but as

22 periodic payment toward satisfaction of the unpaid arrearage or

23 delinquency. That periodic payment shall be in addition to any

24 periodic payment previously required for satisfaction of the

25 arrearage or delinquency. The total periodic amount to be paid

26 toward satisfaction of the arrearage or delinquency may be

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1 enforced and collected by any method provided by law for

2 enforcement and collection of child support, including but not

3 limited to income withholding under the Income Withholding for

4 Support Act. Each order for support entered or modified on or

5 after the effective date of this amendatory Act of the 93rd

6 General Assembly must contain a statement notifying the parties

7 of the requirements of this subsection. Failure to include the

8 statement in the order for support does not affect the validity

9 of the order or the operation of the provisions of this

10 subsection with regard to the order. This subsection shall not

11 be construed to prevent or affect the establishment or

12 modification of an order for support of a minor child or the

13 establishment or modification of an order for support of a

14 non-minor child or educational expenses under Section 513 of

15 this Act.

16 (h) An order entered under this Section shall include a

17 provision requiring the obligor to report to the obligee and to

18 the clerk of court within 10 days each time the obligor obtains

19 new employment, and each time the obligor's employment is

20 terminated for any reason. The report shall be in writing and

21 shall, in the case of new employment, include the name and

22 address of the new employer. Failure to report new employment

23 or the termination of current employment, if coupled with

24 nonpayment of support for a period in excess of 60 days, is

25 indirect criminal contempt. For any obligor arrested for

26 failure to report new employment bond shall be set in the

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1 amount of the child support that should have been paid during

2 the period of unreported employment. An order entered under

3 this Section shall also include a provision requiring the

4 obligor and obligee parents to advise each other of a change in

5 residence within 5 days of the change except when the court

6 finds that the physical, mental, or emotional health of a party

7 or that of a child, or both, would be seriously endangered by

8 disclosure of the party's address.

9 (i) The court does not lose the powers of contempt,

10 driver's license suspension, or other child support

11 enforcement mechanisms, including, but not limited to,

12 criminal prosecution as set forth in this Act, upon the

13 emancipation of the minor child or children.

14 (Source: P.A. 96-1134, eff. 7-21-10; 97-186, eff. 7-22-11;

15 97-608, eff. 1-1-12; 97-813, eff. 7-13-12; 97-878, eff. 8-2-12;

16 97-941, eff. 1-1-13; 97-1029, eff. 1-1-13; revised 8-23-12.)

17 Section 95. No acceleration or delay. Where this Act makes

18 changes in a statute that is represented in this Act by text

19 that is not yet or no longer in effect (for example, a Section

20 represented by multiple versions), the use of that text does

21 not accelerate or delay the taking effect of (i) the changes

22 made by this Act or (ii) provisions derived from any other

23 Public Act.

24 Section 99. Effective date. This Act takes effect upon

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1 becoming law.".