HB0011 Engrossed LRB098 00182 CEL 30183 b
1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
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
17		Assistance Program is designed to assist income-eligible
18		households with winter energy services in the form of a
19		one-time benefit payment to the public utilities. Each public
20		utility shall post information concerning the Low Income Energy
21		Assistance Program on its websites and the information shall be
22		made available upon a customer's request.

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1		Section 10. The Pharmacy Practice Act is amended by adding
2		Section 26.5 as follows:
3		(225 ILCS 85/26.5 new)
4		Sec. 26.5. Unemployed persons. A pharmacy or pharmacist
5		that receives federal or State funds may not refuse to dispense
6		prescription medication to a person who is receiving
7		unemployment benefits. If a person can furnish evidence of the
8		receipt of unemployment benefits, then the pharmacy or
9		pharmacist is required to give that person his or her
10		prescription and provide the person with information about
11		prescription assistance programs, such as Rx for Illinois. Upon
12		learning that a customer is receiving unemployment benefits and
13		providing the customer with information on prescription
14		assistance programs, the pharmacy or pharmacist shall not
15		refuse to dispense prescription medication for 30 days, giving
16		the customer time to sign up for such a program.
17		Section 15. The Code of Civil Procedure is amended by
18		changing Section 15-1508 as follows:
19		(735 ILCS 5/15-1508) (from Ch. 110, par. 15-1508)
20		(Text of Section before amendment by P.A. 97-1164)
21		Sec. 15-1508. Report of Sale and Confirmation of Sale.
22		(a) Report. The person conducting the sale shall promptly
23		make a report to the court, which report shall include a copy

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1		of all receipts and, if any, certificate of sale.
2		(b) Hearing. Upon motion and notice in accordance with
3		court rules applicable to motions generally, which motion shall
4		not be made prior to sale, the court shall conduct a hearing to
5		confirm the sale. Unless the court finds that (i) a notice
6		required in accordance with subsection (c) of Section 15-1507
7		was not given, (ii) the terms of sale were unconscionable,
8		(iii) the sale was conducted fraudulently, or (iv) justice was
9		otherwise not done, the court shall then enter an order
10		confirming the sale. The confirmation order shall include a
11		name, address, and telephone number of the holder of the
12		certificate of sale or deed issued pursuant to that certificate
13		or, if no certificate or deed was issued, the purchaser, whom a
14		municipality or county may contact with concerns about the real
15		estate. The confirmation order may also:
16		(1) approve the mortgagee's fees and costs arising
17		between the entry of the judgment of foreclosure and the
18		confirmation hearing, those costs and fees to be allowable
19		to the same extent as provided in the note and mortgage and
20		in Section 15-1504;
21		(2) provide for a personal judgment against any party
22		for a deficiency; and
23		(3) determine the priority of the judgments of parties
24		who deferred proving the priority pursuant to subsection
25		(h) of Section 15-1506, but the court shall not defer
26		confirming the sale pending the determination of such

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1		priority.
2		(b-5) Notice with respect to residential real estate. With
3		respect to residential real estate, the notice required under
4		subsection (b) of this Section shall be sent to the mortgagor
5		even if the mortgagor has previously been held in default. In
6		the event the mortgagor has filed an appearance, the notice
7		shall be sent to the address indicated on the appearance. In
8		all other cases, the notice shall be sent to the mortgagor at
9		the common address of the foreclosed property. The notice shall
10		be sent by first class mail. Unless the right to possession has
11		been previously terminated by the court, the notice shall
12		include the following language in 12-point boldface
13		capitalized type:
14		IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO
15		REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF
16		POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE
17		ILLINOIS MORTGAGE FORECLOSURE LAW.
18		(b-10) Notice of confirmation order sent to municipality or
19		county. A copy of the confirmation order required under
20		subsection (b) shall be sent to the municipality in which the
21		foreclosed property is located, or to the county within the
22		boundary of which the foreclosed property is located if the
23		foreclosed property is located in an unincorporated territory.
24		A municipality or county must clearly publish on its website a
25		single address to which such notice shall be sent. If a
26		municipality or county does not maintain a website, then the

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1		municipality or county must publicly post in its main office a
2		single address to which such notice shall be sent. In the event
3		that a municipality or county has not complied with the
4		publication requirement in this subsection (b-10), then such
5		notice to the municipality or county shall be provided pursuant
6		to Section 2-211 of the Code of Civil Procedure.
7		(c) Failure to Give Notice. If any sale is held without
8		compliance with subsection (c) of Section 15-1507 of this
9		Article, any party entitled to the notice provided for in
10		paragraph (3) of that subsection (c) who was not so notified
11		may, by motion supported by affidavit made prior to
12		confirmation of such sale, ask the court which entered the
13		judgment to set aside the sale. Any such party shall guarantee
14		or secure by bond a bid equal to the successful bid at the
15		prior sale, unless the party seeking to set aside the sale is
16		the mortgagor, the real estate sold at the sale is residential
17		real estate, and the mortgagor occupies the residential real
18		estate at the time the motion is filed. In that event, no
19		guarantee or bond shall be required of the mortgagor. Any
20		subsequent sale is subject to the same notice requirement as
21		the original sale.
22		(d) Validity of Sale. Except as provided in subsection (c)
23		of Section 15-1508, no sale under this Article shall be held
24		invalid or be set aside because of any defect in the notice
25		thereof or in the publication of the same, or in the
26		proceedings of the officer conducting the sale, except upon

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1		good cause shown in a hearing pursuant to subsection (b) of
2		Section 15-1508. At any time after a sale has occurred, any
3		party entitled to notice under paragraph (3) of subsection (c)
4		of Section 15-1507 may recover from the mortgagee any damages
5		caused by the mortgagee's failure to comply with such paragraph
6		(3). Any party who recovers damages in a judicial proceeding
7		brought under this subsection may also recover from the
8		mortgagee the reasonable expenses of litigation, including
9		reasonable attorney's fees.
10		(d-5) Making Home Affordable Program. The court that
11		entered the judgment shall set aside a sale held pursuant to
12		Section 15-1507, upon motion of the mortgagor at any time prior
13		to the confirmation of the sale, if the mortgagor proves by a
14		preponderance of the evidence that (i) the mortgagor has
15		applied for assistance under the Making Home Affordable Program
16		established by the United States Department of the Treasury
17		pursuant to the Emergency Economic Stabilization Act of 2008,
18		as amended by the American Recovery and Reinvestment Act of
19		2009, and (ii) the mortgaged real estate was sold in material
20		violation of the program's requirements for proceeding to a
21		judicial sale. The provisions of this subsection (d-5), except
22		for this sentence, shall become inoperative on January 1, 2014
23		for all actions filed under this Article after December 31,
24		2013, in which the mortgagor did not apply for assistance under
25		the Making Home Affordable Program on or before December 31,
26		2013.

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1		(d-10) Illinois Hardest Hit Program. The court that entered
2		the judgment shall set aside a sale held pursuant to Section
3		15-1507 of this Act, upon motion of the mortgagor at any time
4		prior to the confirmation of the sale, if the mortgagor proves
5		by a preponderance of the evidence that (i) the mortgagor is
6		receiving assistance under the Illinois Hardest Hit Program as
7		created by 12 U.S.C. 5211 and 12 U.S.C. 5219, and administered
8		by the Illinois Housing Development Authority pursuant to the
9		Illinois Housing Development Act and (ii) the assistance
10		received under part (i) of this subsection has enabled the
11		mortgagor to reinstate the mortgage pursuant to Section 15-1602
12		of this Act and make continuing mortgage payments as available
13		under the Illinois Hardest Hit Program to avoid default.
14		Nothing in this subsection shall prohibit the mortgagee from
15		proceeding in the foreclosure action upon a subsequent default
16		of the mortgagor. Except for this sentence, this subsection is
17		inoperative on and after January 1, 2017 for all actions filed
18		under this Article after December 31, 2016 in which the
19		mortgagor did not begin receiving the assistance described in
20		this subsection under the Illinois Hardest Hit Program on or
21		before December 31, 2016.
22		Upon receiving notice of foreclosure, a person receiving
23		unemployment benefits may apply to the court requesting that it
24		enjoin the foreclosure. The court shall grant the injunction if
25		the person can provide evidence that they are receiving such
26		benefits. The court may, in its discretion, issue an order

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1		requiring that the mortgagor apply for assistance from the
2		Illinois Hardest Hit Program.
3		(e) Deficiency Judgment. In any order confirming a sale
4		pursuant to the judgment of foreclosure, the court shall also
5		enter a personal judgment for deficiency against any party (i)
6		if otherwise authorized and (ii) to the extent requested in the
7		complaint and proven upon presentation of the report of sale in
8		accordance with Section 15-1508. Except as otherwise provided
9		in this Article, a judgment may be entered for any balance of
10		money that may be found due to the plaintiff, over and above
11		the proceeds of the sale or sales, and enforcement may be had
12		for the collection of such balance, the same as when the
13		judgment is solely for the payment of money. Such judgment may
14		be entered, or enforcement had, only in cases where personal
15		service has been had upon the persons personally liable for the
16		mortgage indebtedness, unless they have entered their
17		appearance in the foreclosure action.
18		(f) Satisfaction. Upon confirmation of the sale, the
19		judgment stands satisfied to the extent of the sale price less
20		expenses and costs. If the order confirming the sale includes a
21		deficiency judgment, the judgment shall become a lien in the
22		manner of any other judgment for the payment of money.
23		(g) The order confirming the sale shall include,
24		notwithstanding any previous orders awarding possession during
25		the pendency of the foreclosure, an award to the purchaser of
26		possession of the mortgaged real estate, as of the date 30 days

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1		after the entry of the order, against the parties to the
2		foreclosure whose interests have been terminated.
3		An order of possession authorizing the removal of a person
4		from possession of the mortgaged real estate shall be entered
5		and enforced only against those persons personally named as
6		individuals in the complaint or the petition under subsection
7		(h) of Section 15-1701 and in the order of possession and shall
8		not be entered and enforced against any person who is only
9		generically described as an unknown owner or nonrecord claimant
10		or by another generic designation in the complaint.
11		Notwithstanding the preceding paragraph, the failure to
12		personally name, include, or seek an award of possession of the
13		mortgaged real estate against a person in the confirmation
14		order shall not abrogate any right that the purchaser may have
15		to possession of the mortgaged real estate and to maintain a
16		proceeding against that person for possession under Article 9
17		of this Code or subsection (h) of Section 15-1701; and
18		possession against a person who (1) has not been personally
19		named as a party to the foreclosure and (2) has not been
20		provided an opportunity to be heard in the foreclosure
21		proceeding may be sought only by maintaining a proceeding under
22		Article 9 of this Code or subsection (h) of Section 15-1701.
23		(h) With respect to mortgaged real estate containing 5 or
24		more dwelling units, the order confirming the sale shall also
25		provide that (i) the mortgagor shall transfer to the purchaser
26		the security deposits, if any, that the mortgagor received to

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1		secure payment of rent or to compensate for damage to the
2		mortgaged real estate from any current occupant of a dwelling
3		unit of the mortgaged real estate, as well as any statutory
4		interest that has not been paid to the occupant, and (ii) the
5		mortgagor shall provide an accounting of the security deposits
6		that are transferred, including the name and address of each
7		occupant for whom the mortgagor holds the deposit and the
8		amount of the deposit and any statutory interest.
9		(Source: P.A. 96-265, eff. 8-11-09; 96-856, eff. 3-1-10;
10		96-1245, eff. 7-23-10; 97-333, eff. 8-12-11; 97-575, eff.
11		8-26-11; 97-1159, eff. 1-29-13.)
12		(Text of Section after amendment by P.A. 97-1164)
13		Sec. 15-1508. Report of Sale and Confirmation of Sale.
14		(a) Report. The person conducting the sale shall promptly
15		make a report to the court, which report shall include a copy
16		of all receipts and, if any, certificate of sale.
17		(b) Hearing. Upon motion and notice in accordance with
18		court rules applicable to motions generally, which motion shall
19		not be made prior to sale, the court shall conduct a hearing to
20		confirm the sale. Unless the court finds that (i) a notice
21		required in accordance with subsection (c) of Section 15-1507
22		was not given, (ii) the terms of sale were unconscionable,
23		(iii) the sale was conducted fraudulently, or (iv) justice was
24		otherwise not done, the court shall then enter an order
25		confirming the sale. The confirmation order shall include a

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1		name, address, and telephone number of the holder of the
2		certificate of sale or deed issued pursuant to that certificate
3		or, if no certificate or deed was issued, the purchaser, whom a
4		municipality or county may contact with concerns about the real
5		estate. The confirmation order may also:
6		(1) approve the mortgagee's fees and costs arising
7		between the entry of the judgment of foreclosure and the
8		confirmation hearing, those costs and fees to be allowable
9		to the same extent as provided in the note and mortgage and
10		in Section 15-1504;
11		(2) provide for a personal judgment against any party
12		for a deficiency; and
13		(3) determine the priority of the judgments of parties
14		who deferred proving the priority pursuant to subsection
15		(h) of Section 15-1506, but the court shall not defer
16		confirming the sale pending the determination of such
17		priority.
18		(b-3) Hearing to confirm sale of abandoned residential
19		property. Upon motion and notice by first-class mail to the
20		last known address of the mortgagor, which motion shall be made
21		prior to the sale and heard by the court at the earliest
22		practicable time after conclusion of the sale, and upon the
23		posting at the property address of the notice required by
24		paragraph (2) of subsection (l) of Section 15-1505.8, the court
25		shall enter an order confirming the sale of the abandoned
26		residential property, unless the court finds that a reason set

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1		forth in items (i) through (iv) of subsection (b) of this
2		Section exists for not approving the sale, or an order is
3		entered pursuant to subsection (h) of Section 15-1505.8. The
4		confirmation order also may address the matters identified in
5		items (1) through (3) of subsection (b) of this Section. The
6		notice required under subsection (b-5) of this Section shall
7		not be required.
8		(b-5) Notice with respect to residential real estate. With
9		respect to residential real estate, the notice required under
10		subsection (b) of this Section shall be sent to the mortgagor
11		even if the mortgagor has previously been held in default. In
12		the event the mortgagor has filed an appearance, the notice
13		shall be sent to the address indicated on the appearance. In
14		all other cases, the notice shall be sent to the mortgagor at
15		the common address of the foreclosed property. The notice shall
16		be sent by first class mail. Unless the right to possession has
17		been previously terminated by the court, the notice shall
18		include the following language in 12-point boldface
19		capitalized type:
20		IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO
21		REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF
22		POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE
23		ILLINOIS MORTGAGE FORECLOSURE LAW.
24		(b-10) Notice of confirmation order sent to municipality or
25		county. A copy of the confirmation order required under
26		subsection (b) shall be sent to the municipality in which the

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1		foreclosed property is located, or to the county within the
2		boundary of which the foreclosed property is located if the
3		foreclosed property is located in an unincorporated territory.
4		A municipality or county must clearly publish on its website a
5		single address to which a copy of the order shall be sent. If a
6		municipality or county does not maintain a website, then the
7		municipality or county must publicly post in its main office a
8		single address to which a copy of the order shall be sent. In
9		the event that a municipality or county has not complied with
10		the publication requirement in this subsection (b-10), then a
11		copy of the order shall be sent by first class mail, postage
12		prepaid, to the chairperson of the county board or county clerk
13		in the case of a county, to the mayor or city clerk in the case
14		of a city, to the president of the board of trustees or village
15		clerk in the case of a village, or to the president or town
16		clerk in the case of a town.
17		(b-15) Notice of confirmation order sent to known insurers.
18		With respect to residential real estate, the party filing the
19		complaint shall send a copy of the confirmation order required
20		under subsection (b) by first class mail, postage prepaid, to
21		the last known property insurer of the foreclosed property.
22		Failure to send or receive a copy of the order shall not impair
23		or abrogate in any way the rights of the mortgagee or purchaser
24		or affect the status of the foreclosure proceedings.
25		(c) Failure to Give Notice. If any sale is held without
26		compliance with subsection (c) of Section 15-1507 of this

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1		Article, any party entitled to the notice provided for in
2		paragraph (3) of that subsection (c) who was not so notified
3		may, by motion supported by affidavit made prior to
4		confirmation of such sale, ask the court which entered the
5		judgment to set aside the sale. Any such party shall guarantee
6		or secure by bond a bid equal to the successful bid at the
7		prior sale, unless the party seeking to set aside the sale is
8		the mortgagor, the real estate sold at the sale is residential
9		real estate, and the mortgagor occupies the residential real
10		estate at the time the motion is filed. In that event, no
11		guarantee or bond shall be required of the mortgagor. Any
12		subsequent sale is subject to the same notice requirement as
13		the original sale.
14		(d) Validity of Sale. Except as provided in subsection (c)
15		of Section 15-1508, no sale under this Article shall be held
16		invalid or be set aside because of any defect in the notice
17		thereof or in the publication of the same, or in the
18		proceedings of the officer conducting the sale, except upon
19		good cause shown in a hearing pursuant to subsection (b) of
20		Section 15-1508. At any time after a sale has occurred, any
21		party entitled to notice under paragraph (3) of subsection (c)
22		of Section 15-1507 may recover from the mortgagee any damages
23		caused by the mortgagee's failure to comply with such paragraph
24		(3). Any party who recovers damages in a judicial proceeding
25		brought under this subsection may also recover from the
26		mortgagee the reasonable expenses of litigation, including

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1		reasonable attorney's fees.
2		(d-5) Making Home Affordable Program. The court that
3		entered the judgment shall set aside a sale held pursuant to
4		Section 15-1507, upon motion of the mortgagor at any time prior
5		to the confirmation of the sale, if the mortgagor proves by a
6		preponderance of the evidence that (i) the mortgagor has
7		applied for assistance under the Making Home Affordable Program
8		established by the United States Department of the Treasury
9		pursuant to the Emergency Economic Stabilization Act of 2008,
10		as amended by the American Recovery and Reinvestment Act of
11		2009, and (ii) the mortgaged real estate was sold in material
12		violation of the program's requirements for proceeding to a
13		judicial sale. The provisions of this subsection (d-5), except
14		for this sentence, shall become inoperative on January 1, 2014
15		for all actions filed under this Article after December 31,
16		2013, in which the mortgagor did not apply for assistance under
17		the Making Home Affordable Program on or before December 31,
18		2013.
19		(d-10) Illinois Hardest Hit Program. The court that entered
20		the judgment shall set aside a sale held pursuant to Section
21		15-1507 of this Act, upon motion of the mortgagor at any time
22		prior to the confirmation of the sale, if the mortgagor proves
23		by a preponderance of the evidence that (i) the mortgagor is
24		receiving assistance under the Illinois Hardest Hit Program as
25		created by 12 U.S.C. 5211 and 12 U.S.C. 5219, and administered
26		by the Illinois Housing Development Authority pursuant to the

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1		Illinois Housing Development Act and (ii) the assistance
2		received under part (i) of this subsection has enabled the
3		mortgagor to reinstate the mortgage pursuant to Section 15-1602
4		of this Act and make continuing mortgage payments as available
5		under the Illinois Hardest Hit Program to avoid default.
6		Nothing in this subsection shall prohibit the mortgagee from
7		proceeding in the foreclosure action upon a subsequent default
8		of the mortgagor. Except for this sentence, this subsection is
9		inoperative on and after January 1, 2017 for all actions filed
10		under this Article after December 31, 2016 in which the
11		mortgagor did not begin receiving the assistance described in
12		this subsection under the Illinois Hardest Hit Program on or
13		before December 31, 2016.
14		Upon receiving notice of foreclosure, a person receiving
15		unemployment benefits may apply to the court requesting that it
16		enjoin the foreclosure. The court shall grant the injunction if
17		the person can provide evidence that they are receiving such
18		benefits. The court may, in its discretion, issue an order
19		requiring that the mortgagor apply for assistance from the
20		Illinois Hardest Hit Program.
21		(e) Deficiency Judgment. In any order confirming a sale
22		pursuant to the judgment of foreclosure, the court shall also
23		enter a personal judgment for deficiency against any party (i)
24		if otherwise authorized and (ii) to the extent requested in the
25		complaint and proven upon presentation of the report of sale in
26		accordance with Section 15-1508. Except as otherwise provided

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1		in this Article, a judgment may be entered for any balance of
2		money that may be found due to the plaintiff, over and above
3		the proceeds of the sale or sales, and enforcement may be had
4		for the collection of such balance, the same as when the
5		judgment is solely for the payment of money. Such judgment may
6		be entered, or enforcement had, only in cases where personal
7		service has been had upon the persons personally liable for the
8		mortgage indebtedness, unless they have entered their
9		appearance in the foreclosure action.
10		(f) Satisfaction. Upon confirmation of the sale, the
11		judgment stands satisfied to the extent of the sale price less
12		expenses and costs. If the order confirming the sale includes a
13		deficiency judgment, the judgment shall become a lien in the
14		manner of any other judgment for the payment of money.
15		(g) The order confirming the sale shall include,
16		notwithstanding any previous orders awarding possession during
17		the pendency of the foreclosure, an award to the purchaser of
18		possession of the mortgaged real estate, as of the date 30 days
19		after the entry of the order, against the parties to the
20		foreclosure whose interests have been terminated.
21		An order of possession authorizing the removal of a person
22		from possession of the mortgaged real estate shall be entered
23		and enforced only against those persons personally named as
24		individuals in the complaint or the petition under subsection
25		(h) of Section 15-1701 and in the order of possession and shall
26		not be entered and enforced against any person who is only

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1		generically described as an unknown owner or nonrecord claimant
2		or by another generic designation in the complaint.
3		Notwithstanding the preceding paragraph, the failure to
4		personally name, include, or seek an award of possession of the
5		mortgaged real estate against a person in the confirmation
6		order shall not abrogate any right that the purchaser may have
7		to possession of the mortgaged real estate and to maintain a
8		proceeding against that person for possession under Article 9
9		of this Code or subsection (h) of Section 15-1701; and
10		possession against a person who (1) has not been personally
11		named as a party to the foreclosure and (2) has not been
12		provided an opportunity to be heard in the foreclosure
13		proceeding may be sought only by maintaining a proceeding under
14		Article 9 of this Code or subsection (h) of Section 15-1701.
15		(h) With respect to mortgaged real estate containing 5 or
16		more dwelling units, the order confirming the sale shall also
17		provide that (i) the mortgagor shall transfer to the purchaser
18		the security deposits, if any, that the mortgagor received to
19		secure payment of rent or to compensate for damage to the
20		mortgaged real estate from any current occupant of a dwelling
21		unit of the mortgaged real estate, as well as any statutory
22		interest that has not been paid to the occupant, and (ii) the
23		mortgagor shall provide an accounting of the security deposits
24		that are transferred, including the name and address of each
25		occupant for whom the mortgagor holds the deposit and the
26		amount of the deposit and any statutory interest.

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1		(Source: P.A. 96-265, eff. 8-11-09; 96-856, eff. 3-1-10;
2		96-1245, eff. 7-23-10; 97-333, eff. 8-12-11; 97-575, eff.
3		8-26-11; 97-1159, eff. 1-29-13; 97-1164, eff. 6-1-13; revised
4		2-22-13.)
5		Section 20. The Illinois Marriage and Dissolution of
6		Marriage Act is amended by changing Section 505 as follows:
7		(750 ILCS 5/505) (from Ch. 40, par. 505)
8		Sec. 505. Child support; contempt; penalties.
9		(a) In a proceeding for dissolution of marriage, legal
10		separation, declaration of invalidity of marriage, a
11		proceeding for child support following dissolution of the
12		marriage by a court that lacked personal jurisdiction over the
13		absent spouse, a proceeding for modification of a previous
14		order for child support under Section 510 of this Act, or any
15		proceeding authorized under Section 501 or 601 of this Act, the
16		court may order either or both parents owing a duty of support
17		to a child of the marriage to pay an amount reasonable and
18		necessary for the support of the child, without regard to
19		marital misconduct. The duty of support owed to a child
20		includes the obligation to provide for the reasonable and
21		necessary educational, physical, mental and emotional health
22		needs of the child. For purposes of this Section, the term
23		"child" shall include any child under age 18 and any child
24		under age 19 who is still attending high school.

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1		(1) The Court shall determine the minimum amount of
2		support by using the following guidelines:
3 Number of Children Percent of Supporting Party's 4 Net Income 5 1 20% 6 2 28% 7 3 32% 8 4 40% 9 5 45% 10 6 or more 50%
11		(2) The above guidelines shall be applied in each case
12		unless the court finds that a deviation from the guidelines
13		is appropriate after considering the best interest of the
14		child in light of the evidence, including, but not limited
15		to, one or more of the following relevant factors:
16		(a) the financial resources and needs of the child;
17		(b) the financial resources and needs of the
18		custodial parent;
19		(c) the standard of living the child would have
20		enjoyed had the marriage not been dissolved;
21		(d) the physical, mental, and emotional needs of
22		the child;
23		(d-5) the educational needs of the child; and
24		(e) the financial resources and needs of the
25		non-custodial parent.
26		If the court deviates from the guidelines, the court's

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1		finding shall state the amount of support that would have
2		been required under the guidelines, if determinable. The
3		court shall include the reason or reasons for the variance
4		from the guidelines.
5		(2.5) The court, in its discretion, in addition to
6		setting child support pursuant to the guidelines and
7		factors, may order either or both parents owing a duty of
8		support to a child of the marriage to contribute to the
9		following expenses, if determined by the court to be
10		reasonable:
11		(a) health needs not covered by insurance;
12		(b) child care;
13		(c) education; and
14		(d) extracurricular activities.
15		(3) "Net income" is defined as the total of all income
16		from all sources, minus the following deductions:
17		(a) Federal income tax (properly calculated
18		withholding or estimated payments);
19		(b) State income tax (properly calculated
20		withholding or estimated payments);
21		(c) Social Security (FICA payments);
22		(d) Mandatory retirement contributions required by
23		law or as a condition of employment;
24		(e) Union dues;
25		(f) Dependent and individual
26		health/hospitalization insurance premiums and premiums

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1		for life insurance ordered by the court to reasonably
2		secure payment of ordered child support;
3		(g) Prior obligations of support or maintenance
4		actually paid pursuant to a court order;
5		(h) Expenditures for repayment of debts that
6		represent reasonable and necessary expenses for the
7		production of income, medical expenditures necessary
8		to preserve life or health, reasonable expenditures
9		for the benefit of the child and the other parent,
10		exclusive of gifts. The court shall reduce net income
11		in determining the minimum amount of support to be
12		ordered only for the period that such payments are due
13		and shall enter an order containing provisions for its
14		self-executing modification upon termination of such
15		payment period;
16		(i) Foster care payments paid by the Department of
17		Children and Family Services for providing licensed
18		foster care to a foster child.
19		(4) In cases where the court order provides for
20		health/hospitalization insurance coverage pursuant to
21		Section 505.2 of this Act, the premiums for that insurance,
22		or that portion of the premiums for which the supporting
23		party is responsible in the case of insurance provided
24		through an employer's health insurance plan where the
25		employer pays a portion of the premiums, shall be
26		subtracted from net income in determining the minimum

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1		amount of support to be ordered.
2		(4.5) In a proceeding for child support following
3		dissolution of the marriage by a court that lacked personal
4		jurisdiction over the absent spouse, and in which the court
5		is requiring payment of support for the period before the
6		date an order for current support is entered, there is a
7		rebuttable presumption that the supporting party's net
8		income for the prior period was the same as his or her net
9		income at the time the order for current support is
10		entered.
11		(5) If the net income cannot be determined because of
12		default or any other reason, the court shall order support
13		in an amount considered reasonable in the particular case.
14		The final order in all cases shall state the support level
15		in dollar amounts. However, if the court finds that the
16		child support amount cannot be expressed exclusively as a
17		dollar amount because all or a portion of the payor's net
18		income is uncertain as to source, time of payment, or
19		amount, the court may order a percentage amount of support
20		in addition to a specific dollar amount and enter such
21		other orders as may be necessary to determine and enforce,
22		on a timely basis, the applicable support ordered.
23		(6) If (i) the non-custodial parent was properly served
24		with a request for discovery of financial information
25		relating to the non-custodial parent's ability to provide
26		child support, (ii) the non-custodial parent failed to

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1		comply with the request, despite having been ordered to do
2		so by the court, and (iii) the non-custodial parent is not
3		present at the hearing to determine support despite having
4		received proper notice, then any relevant financial
5		information concerning the non-custodial parent's ability
6		to provide child support that was obtained pursuant to
7		subpoena and proper notice shall be admitted into evidence
8		without the need to establish any further foundation for
9		its admission.
10		(a-5) In an action to enforce an order for support based on
11		the respondent's failure to make support payments as required
12		by the order, notice of proceedings to hold the respondent in
13		contempt for that failure may be served on the respondent by
14		personal service or by regular mail addressed to the
15		respondent's last known address. The respondent's last known
16		address may be determined from records of the clerk of the
17		court, from the Federal Case Registry of Child Support Orders,
18		or by any other reasonable means.
19		(b) Failure of either parent to comply with an order to pay
20		support shall be punishable as in other cases of contempt. In
21		addition to other penalties provided by law the Court may,
22		after finding the parent guilty of contempt, order that the
23		parent be:
24		(1) placed on probation with such conditions of
25		probation as the Court deems advisable;
26		(2) sentenced to periodic imprisonment for a period not

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1		to exceed 6 months; provided, however, that the Court may
2		permit the parent to be released for periods of time during
3		the day or night to:
4		(A) work; or
5		(B) conduct a business or other self-employed
6		occupation.
7		The Court may further order any part or all of the earnings
8		of a parent during a sentence of periodic imprisonment paid to
9		the Clerk of the Circuit Court or to the parent having custody
10		or to the guardian having custody of the children of the
11		sentenced parent for the support of said children until further
12		order of the Court.
13		If either parent fails to pay support due to unemployment,
14		then the court may not fine or sentence the parent to periodic
15		imprisonment.
16		If a parent who is found guilty of contempt for failure to
17		comply with an order to pay support is a person who conducts a
18		business or who is self-employed, the court in addition to
19		other penalties provided by law may order that the parent do
20		one or more of the following: (i) provide to the court monthly
21		financial statements showing income and expenses from the
22		business or the self-employment; (ii) seek employment and
23		report periodically to the court with a diary, listing, or
24		other memorandum of his or her employment search efforts; or
25		(iii) report to the Department of Employment Security for job
26		search services to find employment that will be subject to

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1		withholding for child support.
2		If there is a unity of interest and ownership sufficient to
3		render no financial separation between a non-custodial parent
4		and another person or persons or business entity, the court may
5		pierce the ownership veil of the person, persons, or business
6		entity to discover assets of the non-custodial parent held in
7		the name of that person, those persons, or that business
8		entity. The following circumstances are sufficient to
9		authorize a court to order discovery of the assets of a person,
10		persons, or business entity and to compel the application of
11		any discovered assets toward payment on the judgment for
12		support:
13		(1) the non-custodial parent and the person, persons,
14		or business entity maintain records together.
15		(2) the non-custodial parent and the person, persons,
16		or business entity fail to maintain an arm's length
17		relationship between themselves with regard to any assets.
18		(3) the non-custodial parent transfers assets to the
19		person, persons, or business entity with the intent to
20		perpetrate a fraud on the custodial parent.
21		With respect to assets which are real property, no order
22		entered under this paragraph shall affect the rights of bona
23		fide purchasers, mortgagees, judgment creditors, or other lien
24		holders who acquire their interests in the property prior to
25		the time a notice of lis pendens pursuant to the Code of Civil
26		Procedure or a copy of the order is placed of record in the

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1		office of the recorder of deeds for the county in which the
2		real property is located.
3		The court may also order in cases where the parent is 90
4		days or more delinquent in payment of support or has been
5		adjudicated in arrears in an amount equal to 90 days obligation
6		or more, that the parent's Illinois driving privileges be
7		suspended until the court determines that the parent is in
8		compliance with the order of support. The court may also order
9		that the parent be issued a family financial responsibility
10		driving permit that would allow limited driving privileges for
11		employment and medical purposes in accordance with Section
12		7-702.1 of the Illinois Vehicle Code. The clerk of the circuit
13		court shall certify the order suspending the driving privileges
14		of the parent or granting the issuance of a family financial
15		responsibility driving permit to the Secretary of State on
16		forms prescribed by the Secretary. Upon receipt of the
17		authenticated documents, the Secretary of State shall suspend
18		the parent's driving privileges until further order of the
19		court and shall, if ordered by the court, subject to the
20		provisions of Section 7-702.1 of the Illinois Vehicle Code,
21		issue a family financial responsibility driving permit to the
22		parent.
23		In addition to the penalties or punishment that may be
24		imposed under this Section, any person whose conduct
25		constitutes a violation of Section 15 of the Non-Support
26		Punishment Act may be prosecuted under that Act, and a person

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1		convicted under that Act may be sentenced in accordance with
2		that Act. The sentence may include but need not be limited to a
3		requirement that the person perform community service under
4		Section 50 of that Act or participate in a work alternative
5		program under Section 50 of that Act. A person may not be
6		required to participate in a work alternative program under
7		Section 50 of that Act if the person is currently participating
8		in a work program pursuant to Section 505.1 of this Act.
9		A support obligation, or any portion of a support
10		obligation, which becomes due and remains unpaid as of the end
11		of each month, excluding the child support that was due for
12		that month to the extent that it was not paid in that month,
13		shall accrue simple interest as set forth in Section 12-109 of
14		the Code of Civil Procedure. An order for support entered or
15		modified on or after January 1, 2006 shall contain a statement
16		that a support obligation required under the order, or any
17		portion of a support obligation required under the order, that
18		becomes due and remains unpaid as of the end of each month,
19		excluding the child support that was due for that month to the
20		extent that it was not paid in that month, shall accrue simple
21		interest as set forth in Section 12-109 of the Code of Civil
22		Procedure. Failure to include the statement in the order for
23		support does not affect the validity of the order or the
24		accrual of interest as provided in this Section.
25		(c) A one-time charge of 20% is imposable upon the amount
26		of past-due child support owed on July 1, 1988 which has

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1		accrued under a support order entered by the court. The charge
2		shall be imposed in accordance with the provisions of Section
3		10-21 of the Illinois Public Aid Code and shall be enforced by
4		the court upon petition.
5		(d) Any new or existing support order entered by the court
6		under this Section shall be deemed to be a series of judgments
7		against the person obligated to pay support thereunder, each
8		such judgment to be in the amount of each payment or
9		installment of support and each such judgment to be deemed
10		entered as of the date the corresponding payment or installment
11		becomes due under the terms of the support order. Each such
12		judgment shall have the full force, effect and attributes of
13		any other judgment of this State, including the ability to be
14		enforced. Notwithstanding any other State or local law to the
15		contrary, a lien arises by operation of law against the real
16		and personal property of the noncustodial parent for each
17		installment of overdue support owed by the noncustodial parent.
18		(e) When child support is to be paid through the clerk of
19		the court in a county of 1,000,000 inhabitants or less, the
20		order shall direct the obligor to pay to the clerk, in addition
21		to the child support payments, all fees imposed by the county
22		board under paragraph (3) of subsection (u) of Section 27.1 of
23		the Clerks of Courts Act. Unless paid in cash or pursuant to an
24		order for withholding, the payment of the fee shall be by a
25		separate instrument from the support payment and shall be made
26		to the order of the Clerk.

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1		(f) All orders for support, when entered or modified, shall
2		include a provision requiring the obligor to notify the court
3		and, in cases in which a party is receiving child and spouse
4		services under Article X of the Illinois Public Aid Code, the
5		Department of Healthcare and Family Services, within 7 days,
6		(i) of the name and address of any new employer of the obligor,
7		(ii) whether the obligor has access to health insurance
8		coverage through the employer or other group coverage and, if
9		so, the policy name and number and the names of persons covered
10		under the policy, and (iii) of any new residential or mailing
11		address or telephone number of the non-custodial parent. In any
12		subsequent action to enforce a support order, upon a sufficient
13		showing that a diligent effort has been made to ascertain the
14		location of the non-custodial parent, service of process or
15		provision of notice necessary in the case may be made at the
16		last known address of the non-custodial parent in any manner
17		expressly provided by the Code of Civil Procedure or this Act,
18		which service shall be sufficient for purposes of due process.
19		(g) An order for support shall include a date on which the
20		current support obligation terminates. The termination date
21		shall be no earlier than the date on which the child covered by
22		the order will attain the age of 18. However, if the child will
23		not graduate from high school until after attaining the age of
24		18, then the termination date shall be no earlier than the
25		earlier of the date on which the child's high school graduation
26		will occur or the date on which the child will attain the age

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1		of 19. The order for support shall state that the termination
2		date does not apply to any arrearage that may remain unpaid on
3		that date. Nothing in this subsection shall be construed to
4		prevent the court from modifying the order or terminating the
5		order in the event the child is otherwise emancipated.
6		(g-5) If there is an unpaid arrearage or delinquency (as
7		those terms are defined in the Income Withholding for Support
8		Act) equal to at least one month's support obligation on the
9		termination date stated in the order for support or, if there
10		is no termination date stated in the order, on the date the
11		child attains the age of majority or is otherwise emancipated,
12		the periodic amount required to be paid for current support of
13		that child immediately prior to that date shall automatically
14		continue to be an obligation, not as current support but as
15		periodic payment toward satisfaction of the unpaid arrearage or
16		delinquency. That periodic payment shall be in addition to any
17		periodic payment previously required for satisfaction of the
18		arrearage or delinquency. The total periodic amount to be paid
19		toward satisfaction of the arrearage or delinquency may be
20		enforced and collected by any method provided by law for
21		enforcement and collection of child support, including but not
22		limited to income withholding under the Income Withholding for
23		Support Act. Each order for support entered or modified on or
24		after the effective date of this amendatory Act of the 93rd
25		General Assembly must contain a statement notifying the parties
26		of the requirements of this subsection. Failure to include the

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1		statement in the order for support does not affect the validity
2		of the order or the operation of the provisions of this
3		subsection with regard to the order. This subsection shall not
4		be construed to prevent or affect the establishment or
5		modification of an order for support of a minor child or the
6		establishment or modification of an order for support of a
7		non-minor child or educational expenses under Section 513 of
8		this Act.
9		(h) An order entered under this Section shall include a
10		provision requiring the obligor to report to the obligee and to
11		the clerk of court within 10 days each time the obligor obtains
12		new employment, and each time the obligor's employment is
13		terminated for any reason. The report shall be in writing and
14		shall, in the case of new employment, include the name and
15		address of the new employer. Failure to report new employment
16		or the termination of current employment, if coupled with
17		nonpayment of support for a period in excess of 60 days, is
18		indirect criminal contempt. For any obligor arrested for
19		failure to report new employment bond shall be set in the
20		amount of the child support that should have been paid during
21		the period of unreported employment. An order entered under
22		this Section shall also include a provision requiring the
23		obligor and obligee parents to advise each other of a change in
24		residence within 5 days of the change except when the court
25		finds that the physical, mental, or emotional health of a party
26		or that of a child, or both, would be seriously endangered by

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1		disclosure of the party's address.
2		(i) The court does not lose the powers of contempt,
3		driver's license suspension, or other child support
4		enforcement mechanisms, including, but not limited to,
5		criminal prosecution as set forth in this Act, upon the
6		emancipation of the minor child or children.
7		(Source: P.A. 96-1134, eff. 7-21-10; 97-186, eff. 7-22-11;
8		97-608, eff. 1-1-12; 97-813, eff. 7-13-12; 97-878, eff. 8-2-12;
9		97-941, eff. 1-1-13; 97-1029, eff. 1-1-13; revised 8-23-12.)
10		Section 95. No acceleration or delay. Where this Act makes
11		changes in a statute that is represented in this Act by text
12		that is not yet or no longer in effect (for example, a Section
13		represented by multiple versions), the use of that text does
14		not accelerate or delay the taking effect of (i) the changes
15		made by this Act or (ii) provisions derived from any other
16		Public Act.
17		Section 99. Effective date. This Act takes effect upon
18		becoming law.