Article VII - Family Financial Responsibility Law
(625 ILCS 5/7‑702.2) Sec. 7‑702.2. Written agreement to pay past‑due support. (a) An obligor who is presently unable to pay all past‑due support and is subject to having his or her license suspended pursuant to subsection (b) of Section 7‑703 may come into compliance with the court order for support by executing a written payment agreement that is approved by the court and by complying with that agreement. A condition of a written payment agreement must be that the obligor pay the current child support when due. Before a written payment agreement is executed, the obligor shall: (1) Disclose fully to the court in writing, on a | ||
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(2) Provide documentation to the court concerning | ||
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(b) After full disclosure, the court may determine the obligor's ability to pay past‑due support and may approve a written payment agreement consistent with the obligor's ability to pay, not to exceed the court‑ordered support. (Source: P.A. 91‑613, eff. 7‑1‑00.) |
(625 ILCS 5/7‑703) Sec. 7‑703. Courts to report non‑payment of court ordered support. (a) The clerk of the circuit court, as provided in subsection (b) of Section 505 of the Illinois Marriage and Dissolution of Marriage Act or as provided in Section 15 of the Illinois Parentage Act of 1984, shall forward to the Secretary of State, on a form prescribed by the Secretary, an authenticated document certifying the court's order suspending the driving privileges of the obligor. For any such certification, the clerk of the court shall charge the obligor a fee of $5 as provided in the Clerks of Courts Act. (b) If an obligor has been adjudicated in arrears in court ordered child support payments in an amount equal to 90 days obligation or more but has not been held in contempt of court, the circuit court may order that the obligor's driving privileges be suspended. If the circuit court orders that the obligor's driving privileges be suspended, it shall forward to the Secretary of State, on a form prescribed by the Secretary, an authenticated document certifying the court's order suspending the driving privileges of the obligor. The authenticated document shall be forwarded to the Secretary of State by the court no later than 45 days after entry of the order suspending the obligor's driving privileges. (Source: P.A. 91‑613, eff. 7‑1‑00.) |
(625 ILCS 5/7‑705.1) Sec. 7‑705.1. Notice of noncompliance with support order. Before forwarding to the Secretary of State the authenticated document under subsection (b) of Section 7‑703, the circuit court must serve notice upon the obligor of its intention to suspend the obligor's driver's license for being adjudicated in arrears in court ordered child support payments in an amount equal to 90 days obligation. The notice must inform the obligor that: (a) If the obligor is presently unable to pay all | ||
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(b) The obligor may contest the issue of compliance | ||
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(c) A request for a hearing must be made in writing | ||
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(d) If the obligor does not request a hearing to | ||
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(e) If the circuit court certifies the obligor to | ||
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(f) If the obligor files a motion to modify support | ||
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(g) The obligor may comply with an order of support | ||
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(1) Paying the current support; (2) Paying all past‑due support or, if unable to | ||
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(3) Meeting the obligor's health insurance | ||
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The notice must include the address and telephone number of the clerk of the circuit court. The clerk of the circuit court shall attach a copy of the obligor's order of support to the notice. The notice must be served by certified mail, return receipt requested, by service in hand, or as specified in the Code of Civil Procedure. (Source: P.A. 91‑613, eff. 7‑1‑00.) |
(625 ILCS 5/7‑706.1) Sec. 7‑706.1. Hearing for compliance with support order. (a) An obligor may request in writing to the clerk of the circuit court a hearing to contest the claim of noncompliance with an order of support and his or her subsequent driver's license suspension under subsection (b) of Section 7‑702. (b) If a written request for a hearing is received by the clerk of the circuit court, the clerk of the circuit court shall set the hearing before the circuit court. (c) Upon the obligor's written request, the court must set a date for a hearing and afford the obligor an opportunity for a hearing as early as practical. (d) The scope of this hearing is limited to the following issues: (1) Whether the obligor is required to pay child | ||
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(2) Whether the obligor has been adjudicated in | ||
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(3) Any additional issues raised by the obligor, | ||
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(e) All hearings and hearing procedures shall comply with requirements of the Illinois Constitution and the United States Constitution, so that no person is deprived of due process of law nor denied equal protection of the laws. All hearings shall be held before a judge of the circuit court in the county in which the support order has been entered. Appropriate records of the hearings shall be kept. Where a transcript of the hearing is taken, the person requesting the hearing shall have the opportunity to order a copy of the transcript at his or her own expense. (f) The action of the circuit court resulting in the suspension of any driver's license shall be a final judgment for purposes of appellate review. (Source: P.A. 91‑613, eff. 7‑1‑00.) |
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