2005 Illinois 625 ILCS 5/ Illinois Vehicle Code. Article VII - Family Financial Responsibility Law
(625 ILCS 5/Ch. 7 Art. VII heading) ARTICLE VII. FAMILY FINANCIAL RESPONSIBILITY LAW
(625 ILCS 5/7‑701) Sec. 7‑701. Findings and purpose. The General Assembly finds that
the timely receipt of adequate financial support has the effect of reducing
poverty and State expenditures for welfare dependency among children, and that
the timely payment of adequate child support demonstrates financial
responsibility. Further, the General Assembly finds that the State has a
compelling interest in ensuring that drivers within the State demonstrate
financial responsibility, including family financial responsibility, in order
to safely own and operate a motor vehicle. To this end, the
Secretary of State
is authorized to establish systems to suspend
driver's licenses for failure to
comply with court orders of support. (Source: P.A. 91‑613, eff. 7‑1‑00.)
(625 ILCS 5/7‑702) Sec. 7‑702. Suspension of driver's license for failure to pay child
support. (a) The Secretary of State shall suspend the driver's license
issued to an obligor upon receiving an authenticated report
provided for in subsection (a) of Section 7‑703, that the person is 90
days or more delinquent in court ordered child
support payments or has been adjudicated in arrears in an amount
equal to 90 days obligation or more, and has been found in contempt by
the court for failure to pay the support. (b) The Secretary of State shall suspend the driver's license issued to an
obligor upon receiving an authenticated document provided for in subsection (b)
of Section 7‑703, that the person 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, and that the court has ordered that
the person's driving privileges be suspended. The obligor's driver's license
shall be suspended until such time as the Secretary of State receives
authenticated documentation that the obligor is in compliance with the court
order of support. When the obligor complies with the court ordered child
support
payments, the circuit court shall report the obligor's compliance with the
court order of support to the Secretary of State, on a form prescribed by the
Secretary of State, and shall order that the obligor's driver's license be
reinstated. (Source: P.A. 91‑613, eff. 7‑1‑00.)
(625 ILCS 5/7‑702.1) Sec. 7‑702.1. Family financial responsibility driving permits. Following
the entry of an order that an obligor has been found in contempt by the court for failure to pay court ordered child
support payments or upon a motion by the obligor who is subject to having his
or her
driver's license suspended pursuant to subsection (b) of Section 7‑703, the
court may enter an order directing the
Secretary of State to issue a family financial responsibility
driving permit for the purpose of providing the obligor the
privilege of operating a motor vehicle between the obligor's
residence and place of employment, or within the scope of
employment related duties; or for the purpose of providing
transportation for the obligor or a household member to receive
alcohol treatment, other drug treatment, or medical care. The
court may enter an order directing the issuance of a permit only if
the obligor has proven to the satisfaction of the court that no
alternative means of transportation are reasonably available for
the above stated purposes. No permit shall be issued to a person under the
age of 16 years who possesses an instruction permit. In accordance with 49 C.F.R. Part 384, the Secretary of State may not issue a family financial responsibility driving permit to any person for the operation of a commercial motor vehicle if the person's driving privileges have been suspended under any provisions of this Code. Upon entry of an order granting the issuance of a permit to an
obligor, the court shall report this finding to the Secretary of
State on a form prescribed by the Secretary. This form shall state
whether the permit has been granted for employment or medical
purposes and the specific days and hours for which limited driving
privileges have been granted. The family financial responsibility driving permit shall be subject
to cancellation, invalidation, suspension, and revocation by the
Secretary of State in the same manner and for the same reasons as
a driver's license may be cancelled, invalidated, suspended, or
revoked. The Secretary of State shall, upon receipt of a certified court
order from the court of jurisdiction, issue a family financial
responsibility driving permit. In order for this permit to be
issued, an individual's driving privileges must be valid except for
the family financial responsibility suspension. This permit shall
be valid only for employment and medical purposes as set forth
above. The permit shall state the days and hours for which limited
driving privileges have been granted. Any submitted court order that contains insufficient data or fails
to comply with any provision of this Code shall not
be used for issuance of the permit or entered to the individual's
driving record but shall be returned to the court of jurisdiction
indicating why the permit cannot be issued at that time. The
Secretary of State shall also send notice of the return of the
court order to the individual requesting the permit. (Source: P.A. 94‑307, eff. 9‑30‑05.)
(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
form prescribed by the court, the obligor's financial circumstances, including income from all sources, assets, liabilities, and work history for the past year; and
(2) Provide documentation to the court concerning
the obligor's financial circumstances, including copies of the most recent State and federal income tax returns, both personal and business; a copy of a recent pay stub representative of current income; and copies of other records that show the obligor's income and the present level of assets held by the obligor.
(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 5/7‑704) Sec. 7‑704. Suspension to continue until compliance with court
order of support. (a) The suspension of a driver's license shall remain in
effect unless and until the Secretary of State receives
authenticated documentation that the obligor is in compliance with
a court order of support or that the order has
been stayed by a subsequent order of the court.
Full driving privileges shall not be issued by the Secretary
of State until notification of compliance has been received from
the court. The circuit clerks shall report the obligor's compliance
with a court order of support to the Secretary of
State, on a form prescribed by the Secretary. (b) Whenever, after one suspension of an individual's driver's
license for failure to pay child support, another order of
non‑payment is entered against the obligor and the person fails to
come into compliance with the court order of
support, then the Secretary shall again suspend the driver's
license of the individual and that suspension shall not be removed
unless the obligor is in full compliance with the court order of support and
has made full payment on all arrearages. (Source: P.A. 89‑92, eff. 7‑1‑96.)
(625 ILCS 5/7‑705) Sec. 7‑705. Notice. The Secretary of State, prior to suspending a
driver's license under this Chapter, shall serve written
notice upon an obligor that the individual's driver's license will
be suspended in 60 days from the date on the notice unless the
obligor satisfies the court order of support and the circuit clerk
notifies the Secretary of State of this compliance. (Source: P.A. 89‑92, eff. 7‑1‑96.)
(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
past‑due support, the obligor may come into compliance with the support order by executing a written payment agreement with the court, as provided in Section 7‑702.2, and by complying with that agreement;
(b) The obligor may contest the issue of compliance
at a hearing;
(c) A request for a hearing must be made in writing
and must be received by the clerk of the circuit court;
(d) If the obligor does not request a hearing to
contest the issue of compliance within 45 days after the notice of noncompliance is mailed, the court may order that the obligor's driver's license be suspended as provided for in subsection (b) of Section 7‑703;
(e) If the circuit court certifies the obligor to
the Secretary of State for noncompliance with an order of support, the Secretary of State must suspend any driver's license or instruction permit the obligor holds and the obligor's right to apply for or obtain a driver's license or instruction permit until the obligor comes into compliance with the order of support;
(f) If the obligor files a motion to modify support
with the court or requests the court to modify a support obligation, the circuit court shall stay action to certify the obligor to the Secretary of State for noncompliance with an order of support; and
(g) The obligor may comply with an order of support
by doing all of the following:
(1) Paying the current support; (2) Paying all past‑due support or, if unable to
pay all past‑due support and a periodic payment for past‑due support has not been ordered by the court, by making periodic payments in accordance with a written payment agreement approved by the court; and
(3) Meeting the obligor's health insurance
obligation.
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) Sec. 7‑706. Administrative hearing. A driver may contest this
driver's license sanction by requesting an administrative hearing
in accordance with Section 2‑118 of this Code. If a written
request for this hearing is received prior to the effective date of
the suspension, the suspension shall be stayed. If a stay of the
suspension is granted, it shall remain in effect until a hearing
decision is entered. At the conclusion of this hearing, the
Secretary of State may rescind or impose the driver's license
suspension. If the suspension is upheld, it shall become
effective 10 days from the date the hearing decision is entered.
If the decision is to rescind the suspension, no suspension of
driving privileges shall be entered. The scope of this hearing
shall be limited to the following issues: (a) Whether the driver is the obligor covered by the court
order of support. (b) Whether the authenticated document of a court
order of support indicates that the obligor is 90
days or more delinquent or has been adjudicated in arrears in an
amount equal to 90 days obligation or more and has been found in
contempt of court for failure to pay child support. (c) Whether a superseding authenticated document of any
court order of support has been entered. (Source: P.A. 89‑92, eff. 7‑1‑96.)
(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
support under an order of support.
(2) Whether the obligor has been adjudicated in
arrears in court ordered child support payments in an amount equal to 90 days obligation or more.
(3) Any additional issues raised by the obligor,
including the reasonableness of a payment agreement in light of the obligor's current financial circumstances, to be preserved for appeal.
(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.)
(625 ILCS 5/7‑707) Sec. 7‑707. Payment of reinstatement fee. When an obligor receives
notice from the Secretary of State that the suspension of driving privileges
has been terminated based upon receipt of notification from the circuit
clerk of the obligor's compliance with a court order of
support, the obligor shall pay a $70 reinstatement fee to the
Secretary of
State as set forth in Section 6‑118 of this Code. $30 of the $70 fee
shall be deposited
into the Family Responsibility Fund. In accordance with subsection (e) of
Section 6‑115 of this Code, the Secretary of State may decline to process a
renewal of a driver's license of a person who has not paid this fee. (Source: P.A. 92‑16, eff. 6‑28‑01; 93‑32, eff. 1‑1‑04.)
(625 ILCS 5/7‑708) Sec. 7‑708. Rules. The Secretary of State, using the authority to license
motor vehicle operators, may adopt such rules as may be necessary to establish
standards, policies, and procedures for the suspension of driver's licenses for
non‑compliance with a court order of support. (Source: P.A. 89‑92, eff. 7‑1‑96.)
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