Short title
Short title. This Act may be cited as the Non-Support Punishment Act. (Source: P.A. 91-613, eff. 10-1-99.)
Illinois · statute · 750 ILCS 16 · 38 active provisions
Short title. This Act may be cited as the Non-Support Punishment Act. (Source: P.A. 91-613, eff. 10-1-99.)
Prosecutions by State's Attorneys. A proceeding for enforcement of this Act may be instituted and prosecuted by the several State's Attorneys only upon the filing of a verified complaint by the person or persons receiving child or spousal support. (Source: P.A. 91-613, eff. 10-1-99.)
Prosecutions by Attorney General. In addition to enforcement proceedings by the several State's Attorneys, a proceeding for the enforcement of this Act may be instituted and prosecuted by the Attorney General in cases referred by the Department of Healthcare and Family Services involving persons receiving child support…
Proceedings. Proceedings under this Act may be by indictment or information. No proceeding may be brought under Section 15 against a person whose court or administrative order for support was entered by default, unless the indictment or information specifically alleges that the person has knowledge of the existence of…
Failure to support. (a) A person commits the offense of failure to support when he or she: (1) willfully, without any lawful excuse, refuses to provide for the support or maintenance of his or her spouse, with the knowledge that the spouse is in need of such support or maintenance, or, without lawful excuse, deserts or…
Entry of order for support; income withholding. (a) In a case in which no court or administrative order for support is in effect against the defendant: (1) at any time before the trial, upon motion of the State's Attorney, or of the Attorney General if the action has been instituted by his office, and upon notice to th…
Withholding of income to secure payment of support. An order for support entered or modified under this Act is subject to the Income Withholding for Support Act. (Source: P.A. 91-613, eff. 10-1-99.)
Interest on support obligations. A support obligation, or any portion of a support obligation, which becomes due and remains unpaid as of the end of each month, excluding the child support that was due for that month to the extent that it was not paid in that month, shall accrue interest as set forth in Section 12-109…
Payment of support to State Disbursement Unit; clerk of the court. (a) As used in this Section, "order for support", "obligor", "obligee", and "payor" mean those terms as defined in the Income Withholding for Support Act. (b) Each order for support entered or modified under Section 20 of this Act shall require that sup…
Information to State Case Registry. (a) In this Section: "Order for support", "obligor", "obligee", and "business day" are defined as set forth in the Income Withholding for Support Act. "State Case Registry" means the State Case Registry established under Section 10-27 of the Illinois Public Aid Code. (b) Each order f…
Information to locate putative fathers and noncustodial parents. (a) Upon request by a public office, employers, labor unions, and telephone companies shall provide location information concerning putative fathers and noncustodial parents for the purpose of establishing a child's paternity or establishing, enforcing, o…
Fine; release of defendant on probation; violation of order for support; forfeiture of recognizance. (a) Whenever a fine is imposed it may be directed by the court to be paid, in whole or in part, to the spouse, ex-spouse, or if the support of a child or children is involved, to the custodial parent, to the clerk, prob…
Evidence. No other or greater evidence shall be required to prove the marriage of a husband and wife, or that the defendant is the father or mother of the child or children than is or shall be required to prove that fact in a civil action. (Source: P.A. 91-613, eff. 10-1-99.)
Husband or wife as competent witness. In no prosecution under this Act shall any existing statute or rule of law prohibiting the disclosure of confidential communications between husband and wife apply. And both husband and wife shall be competent witnesses to testify to any and all relevant matters, including the fact…
Community service; work alternative program. (a) In addition to any other penalties imposed against an offender under this Act, the court may order the offender to perform community service for not less than 30 and not more than 120 hours per month, if community service is available in the jurisdiction and is funded an…
Offenses; how construed. It is hereby expressly declared that the offenses set forth in this Act shall be construed to be continuing offenses. (Source: P.A. 91-613, eff. 10-1-99.)
Unemployed persons owing duty of support. (a) Whenever it is determined in a proceeding to establish or enforce a child support or maintenance obligation that the person owing a duty of support is unemployed, the court may order the person to seek employment and report periodically to the court with a diary, listing or…
Order of protection; status. Whenever relief sought under this Act is based on allegations of domestic violence, as defined in the Illinois Domestic Violence Act of 1986, the court, before granting relief, shall determine whether any order of protection has previously been entered in the instant proceeding or any other…
Severability. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity of that provision or application does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application. (Source: P.A. 91-613, eff. 10-1…
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