Bill Amendment: IL SB2289 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: IMDMA-UPDATE CROSS REFERENCES
Status: 2018-08-17 - Public Act . . . . . . . . . 100-0923 [SB2289 Detail]
Download: Illinois-2017-SB2289-Senate_Amendment_001.html
Bill Title: IMDMA-UPDATE CROSS REFERENCES
Status: 2018-08-17 - Public Act . . . . . . . . . 100-0923 [SB2289 Detail]
Download: Illinois-2017-SB2289-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 2289
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2 | AMENDMENT NO. ______. Amend Senate Bill 2289 by replacing | ||||||
3 | line 1 of page 22 through line 9 of page 69 with the following:
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4 | "Section 10. The Illinois Marriage and Dissolution of | ||||||
5 | Marriage Act is amended by changing Sections 504, 505, and 510 | ||||||
6 | as follows:
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7 | (750 ILCS 5/504) (from Ch. 40, par. 504)
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8 | Sec. 504. Maintenance.
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9 | (a) Entitlement to maintenance. In a proceeding for | ||||||
10 | dissolution of marriage , or legal separation , or
declaration of | ||||||
11 | invalidity of marriage, or dissolution of a civil union, or a | ||||||
12 | proceeding for maintenance
following a legal separation or | ||||||
13 | dissolution of the marriage or civil union by a court which | ||||||
14 | lacked personal
jurisdiction over the absent spouse, a | ||||||
15 | proceeding for modification of a previous order for maintenance | ||||||
16 | under Section 510 of this Act, or any proceeding authorized |
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1 | under Section 501 of this Act, the court may grant a | ||||||
2 | maintenance award for either spouse in amounts and for periods | ||||||
3 | of
time as the court deems just, without regard to marital | ||||||
4 | misconduct, and the maintenance may
be paid from the income or | ||||||
5 | property of the other spouse. The court shall first make a | ||||||
6 | finding as to determine whether a maintenance award is | ||||||
7 | appropriate, after consideration
of all relevant factors, | ||||||
8 | including:
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9 | (1) the income and property of each party, including | ||||||
10 | marital property
apportioned and non-marital property | ||||||
11 | assigned to the party seeking maintenance as well as all | ||||||
12 | financial obligations imposed on the parties as a result of | ||||||
13 | the dissolution of marriage;
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14 | (2) the needs of each party;
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15 | (3) the realistic present and future earning capacity | ||||||
16 | of each party;
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17 | (4) any impairment of the present and future earning | ||||||
18 | capacity of the
party seeking maintenance due to that party | ||||||
19 | devoting time to domestic
duties or having forgone or | ||||||
20 | delayed education, training,
employment, or
career | ||||||
21 | opportunities due to the marriage;
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22 | (5) any impairment of the realistic present or future | ||||||
23 | earning capacity of the party against whom maintenance is | ||||||
24 | sought; | ||||||
25 | (6) the time necessary to enable the party seeking | ||||||
26 | maintenance to
acquire appropriate education, training, |
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1 | and employment, and whether that
party is able to support | ||||||
2 | himself or herself through appropriate employment ;
or | ||||||
3 | (6.1) the effect of any parental responsibility | ||||||
4 | arrangements and its effect on a party's ability to seek or | ||||||
5 | maintain the party seeking employment;
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6 | (7) the standard of living established during the | ||||||
7 | marriage;
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8 | (8) the duration of the marriage;
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9 | (9) the age, health, station, occupation, amount and | ||||||
10 | sources of income, vocational skills, employability, | ||||||
11 | estate, liabilities, and the needs of each of the parties;
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12 | (10) all sources of public and private income | ||||||
13 | including, without limitation, disability and retirement | ||||||
14 | income; | ||||||
15 | (11) the tax consequences to each party of the property | ||||||
16 | division upon the respective
economic circumstances of the | ||||||
17 | parties ;
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18 | (12) contributions and services by the party seeking | ||||||
19 | maintenance to
the education, training, career or career | ||||||
20 | potential, or license of the
other spouse;
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21 | (13) any valid agreement of the parties; and
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22 | (14) any other factor that the court expressly finds to | ||||||
23 | be just and
equitable.
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24 | (b) (Blank).
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25 | (b-1) Amount and duration of maintenance. Unless the court | ||||||
26 | finds that a maintenance award is appropriate, it shall bar |
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1 | maintenance as to the party seeking maintenance regardless of | ||||||
2 | the length of the marriage at the time the action was | ||||||
3 | commenced. Only if If the court finds determines that a | ||||||
4 | maintenance award is appropriate, the court shall order | ||||||
5 | guideline maintenance in accordance with either paragraph (1) | ||||||
6 | or non-guideline maintenance in accordance with paragraph (2) | ||||||
7 | of this subsection (b-1) . If the application of guideline | ||||||
8 | maintenance results in a combined maintenance and child support | ||||||
9 | obligation that exceeds 50% of the payor's net income, the | ||||||
10 | court may determine non-guideline maintenance in accordance | ||||||
11 | with paragraph (2) of this subsection (b-1), non-guideline | ||||||
12 | child support in accordance with paragraph (3.4) of subsection | ||||||
13 | (a) of Section 505, or both. : | ||||||
14 | (1) Maintenance award in accordance with guidelines. | ||||||
15 | If In situations when the combined gross annual income of | ||||||
16 | the parties is less than $500,000 and the payor has no | ||||||
17 | obligation to pay child support or maintenance or both from | ||||||
18 | a prior relationship, maintenance payable after the date | ||||||
19 | the parties' marriage is dissolved shall be in accordance | ||||||
20 | with subparagraphs (A) and (B) of this paragraph (1), | ||||||
21 | unless the court makes a finding that the application of | ||||||
22 | the guidelines would be inappropriate. | ||||||
23 | (A) The amount of maintenance under this paragraph | ||||||
24 | (1) shall be calculated by taking 33 1/3% of the | ||||||
25 | payor's net annual income minus 25% of the payee's net | ||||||
26 | annual income. The amount calculated as maintenance, |
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1 | however, when added to the net income of the payee, | ||||||
2 | shall not result in the payee receiving an amount that | ||||||
3 | is in excess of 40% of the combined net income of the | ||||||
4 | parties. | ||||||
5 | (A-1) Modification of maintenance orders entered | ||||||
6 | before January 1, 2019 that are and continue to be | ||||||
7 | eligible for inclusion in the gross income of the payee | ||||||
8 | for federal income tax purposes and deductible by the | ||||||
9 | payor shall be calculated by taking 30% of the payor's | ||||||
10 | gross annual income minus 20% of the payee's gross | ||||||
11 | annual income, unless both parties expressly provide | ||||||
12 | otherwise in the modification order. The amount | ||||||
13 | calculated as maintenance, however, when added to the | ||||||
14 | gross income of the payee, may not result in the payee | ||||||
15 | receiving an amount that is in excess of 40% of the | ||||||
16 | combined gross income of the parties. The amount of | ||||||
17 | maintenance under this paragraph (1) shall be | ||||||
18 | calculated by taking 30% of the payor's gross annual | ||||||
19 | income minus 20% of the payee's gross annual income. | ||||||
20 | The
amount calculated as maintenance, however, when | ||||||
21 | added to the gross income of the payee, may not result | ||||||
22 | in the payee receiving an amount that is in excess of | ||||||
23 | 40% of the combined gross income
of the parties. | ||||||
24 | (B) The duration of an award under this paragraph | ||||||
25 | (1) shall be calculated by multiplying the length of | ||||||
26 | the marriage at the time the action was commenced by |
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1 | whichever of
the following factors applies: less than 5 | ||||||
2 | years (.20); 5 years or more but less than 6 years | ||||||
3 | (.24); 6 years or more but less than 7
years (.28); 7 | ||||||
4 | years or more but less than 8
years (.32); 8 years or | ||||||
5 | more but less than 9
years (.36); 9 years or more but | ||||||
6 | less than 10 years (.40); 10 years or more but less | ||||||
7 | than 11
years (.44); 11 years or more but less than 12
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8 | years (.48); 12 years or more but less than 13
years | ||||||
9 | (.52); 13 years or more but less than 14
years (.56); | ||||||
10 | 14 years or more but less than 15
years (.60); 15 years | ||||||
11 | or more but less than 16
years (.64); 16 years or more | ||||||
12 | but less than 17
years (.68); 17 years or more but less | ||||||
13 | than 18
years (.72); 18 years or more but less than 19
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14 | years (.76); 19 years or more but less than 20
years | ||||||
15 | (.80). For a marriage of 20 or more years, the court, | ||||||
16 | in its discretion, shall order maintenance for a period | ||||||
17 | equal to the length of the
marriage or for an | ||||||
18 | indefinite term. | ||||||
19 | (1.5) In the discretion of the court, any term of | ||||||
20 | temporary maintenance paid by court order under pursuant to | ||||||
21 | Section 501 may be a corresponding credit to the duration | ||||||
22 | of maintenance set forth in subparagraph (b-1)(1)(B). | ||||||
23 | (2) Maintenance award not in accordance with | ||||||
24 | guidelines. Any non-guidelines award of maintenance shall | ||||||
25 | be made after the court's consideration of all relevant | ||||||
26 | factors set forth in subsection (a) of this Section. |
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1 | (b-2) Findings. In each case involving the issue of | ||||||
2 | maintenance, the court shall make specific findings of fact, as | ||||||
3 | follows: | ||||||
4 | (1) the court shall state its reasoning for awarding or | ||||||
5 | not awarding maintenance and shall include references to | ||||||
6 | each relevant factor set forth in subsection (a) of this | ||||||
7 | Section; and | ||||||
8 | (2) if the court deviates from otherwise applicable | ||||||
9 | guidelines under paragraph (1) of subsection (b-1), it | ||||||
10 | shall state in its findings the amount of maintenance (if | ||||||
11 | determinable) or duration that would have been required | ||||||
12 | under the guidelines and the reasoning for any variance | ||||||
13 | from the guidelines ; and . | ||||||
14 | (3) the court shall state whether the maintenance is | ||||||
15 | fixed-term, indefinite, reviewable, or reserved by the | ||||||
16 | court. | ||||||
17 | (b-3) Gross income. For purposes of this Section, the term | ||||||
18 | "gross income" means all income from all sources, within the | ||||||
19 | scope of that phrase in Section 505 of this Act , except | ||||||
20 | maintenance payments in the pending proceedings shall not be | ||||||
21 | included . | ||||||
22 | (b-3.5) Net income. As used in this Section, "net income" | ||||||
23 | has the meaning provided in Section 505 of this Act, except | ||||||
24 | maintenance payments in the pending proceedings shall not be | ||||||
25 | included. | ||||||
26 | (b-4) Modification of maintenance orders entered before |
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1 | January 1, 2019. For any order for maintenance or unallocated | ||||||
2 | maintenance and child support entered before January 1, 2019 | ||||||
3 | that is modified after December 31, 2018, payments thereunder | ||||||
4 | shall continue to retain the same tax treatment for federal | ||||||
5 | income tax purposes unless both parties expressly agree | ||||||
6 | otherwise and the agreement is included in the modification | ||||||
7 | order Unallocated maintenance. Unless the parties otherwise | ||||||
8 | agree, the court may not order unallocated maintenance and | ||||||
9 | child support in any dissolution judgment or in any | ||||||
10 | post-dissolution order. In its discretion, the court may order | ||||||
11 | unallocated maintenance and child support in any | ||||||
12 | pre-dissolution temporary order . | ||||||
13 | (b-4.5) Maintenance designation Fixed-term maintenance in | ||||||
14 | marriages of less than 10 years . | ||||||
15 | (1) Fixed-term maintenance. If a court grants | ||||||
16 | maintenance for a fixed term period under subsection (a) of | ||||||
17 | this Section at the conclusion of a case commenced before | ||||||
18 | the tenth anniversary of the marriage , the court shall may | ||||||
19 | also designate the termination of the period during which | ||||||
20 | this maintenance is to be paid . Maintenance is barred after | ||||||
21 | the end of the period during which fixed-term maintenance | ||||||
22 | is to be paid. as a "permanent termination". The effect of | ||||||
23 | this designation is that maintenance is barred after the | ||||||
24 | ending date of the period during which maintenance is to be | ||||||
25 | paid. | ||||||
26 | (2) Indefinite maintenance. If a court grants |
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1 | maintenance for an indefinite term, the court shall not | ||||||
2 | designate a termination date. Indefinite maintenance shall | ||||||
3 | continue until modification or termination under Section | ||||||
4 | 510. | ||||||
5 | (3) Reviewable maintenance. If a court grants | ||||||
6 | maintenance for a specific term with a review, the court | ||||||
7 | shall designate the period of the specific term and state | ||||||
8 | that the maintenance is reviewable. Upon review, the court | ||||||
9 | shall make a finding in accordance with subdivision (b-8) | ||||||
10 | of this Section, unless the maintenance is modified or | ||||||
11 | terminated under Section 510. | ||||||
12 | (b-5) Interest on maintenance. Any maintenance obligation | ||||||
13 | including any unallocated maintenance and child support | ||||||
14 | obligation, or any portion of any support obligation, that | ||||||
15 | becomes due and remains unpaid shall accrue simple interest as | ||||||
16 | set forth in Section 505 of this Act.
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17 | (b-7) Maintenance judgments. Any new or existing | ||||||
18 | maintenance order including any unallocated maintenance and | ||||||
19 | child support order entered by the court under this Section | ||||||
20 | shall be deemed to be a series of judgments against the person | ||||||
21 | obligated to pay support thereunder. Each such judgment to be | ||||||
22 | in the amount of each payment or installment of support and | ||||||
23 | each such judgment to be deemed entered as of the date the | ||||||
24 | corresponding payment or installment becomes due under the | ||||||
25 | terms of the support order, except no judgment shall arise as | ||||||
26 | to any installment coming due after the termination of |
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1 | maintenance as provided by Section 510 of the Illinois Marriage | ||||||
2 | and Dissolution of Marriage Act or the provisions of any order | ||||||
3 | for maintenance. Each such judgment shall have the full force, | ||||||
4 | effect and attributes of any other judgment of this State, | ||||||
5 | including the ability to be enforced. Notwithstanding any other | ||||||
6 | State or local law to the contrary, a lien arises by operation | ||||||
7 | of law against the real and personal property of the obligor | ||||||
8 | for each installment of overdue support owed by the obligor. | ||||||
9 | (b-8) Review of maintenance. Upon review of any previously | ||||||
10 | ordered maintenance award, the court may extend maintenance for | ||||||
11 | further review, extend maintenance for a fixed non-modifiable | ||||||
12 | term, extend maintenance for an indefinite term, or permanently | ||||||
13 | terminate maintenance in accordance with subdivision | ||||||
14 | (b-1)(1)(A) of this Section. | ||||||
15 | (c) Maintenance during an appeal. The court may grant and | ||||||
16 | enforce the payment of maintenance during
the pendency of an | ||||||
17 | appeal as the court shall deem reasonable and proper.
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18 | (d) Maintenance during imprisonment. No maintenance shall | ||||||
19 | accrue during the period in which a party is
imprisoned for | ||||||
20 | failure to comply with the court's order for the payment of
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21 | such maintenance.
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22 | (e) Fees when maintenance is paid through the clerk. When | ||||||
23 | maintenance is to be paid through the clerk of the court in a
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24 | county of 500,000 1,000,000 inhabitants or less, the order | ||||||
25 | shall direct the obligor
to pay to the clerk, in addition to | ||||||
26 | the maintenance payments, all fees
imposed by the county board |
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1 | under paragraph (4) of subsection (bb) of
Section 27.1a | ||||||
2 | paragraph (3) of subsection (u) of
Section 27.1 of the Clerks | ||||||
3 | of Courts Act. When maintenance is to be paid through the clerk | ||||||
4 | of the court in a
county of more than 500,000 but less than | ||||||
5 | 3,000,000 inhabitants, the order shall direct the obligor
to | ||||||
6 | pay to the clerk, in addition to the maintenance payments, all | ||||||
7 | fees
imposed by the county board under paragraph (4) of | ||||||
8 | subsection (bb) of
Section 27.2 of the Clerks of Courts Act. | ||||||
9 | Unless paid in cash or pursuant
to an order for withholding, | ||||||
10 | the payment of the fee shall be by a separate
instrument from | ||||||
11 | the support payment and shall be made to the order of
the | ||||||
12 | Clerk.
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13 | (f) Maintenance secured by life insurance. An award ordered | ||||||
14 | by a court upon entry of a dissolution judgment or upon entry | ||||||
15 | of an award of maintenance following a reservation of | ||||||
16 | maintenance in a dissolution judgment may be reasonably | ||||||
17 | secured, in whole or in part, by life insurance on the
payor's | ||||||
18 | life on terms as to which the parties agree , or, if the parties | ||||||
19 | they do not agree, on such terms determined by the court,
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20 | subject to the following: | ||||||
21 | (1) With respect to existing life insurance, provided | ||||||
22 | the court is apprised through evidence,
stipulation, or | ||||||
23 | otherwise as to level of death benefits, premium, and other | ||||||
24 | relevant
data and makes findings relative thereto, the | ||||||
25 | court may allocate death benefits, the right
to assign | ||||||
26 | death benefits, or the obligation for future premium |
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1 | payments between the
parties as it deems just. | ||||||
2 | (2) To the extent the court determines that its award | ||||||
3 | should be secured, in whole or in part,
by new life | ||||||
4 | insurance on the payor's life, the court may only order: | ||||||
5 | (i) that the payor cooperate on all appropriate | ||||||
6 | steps for the payee to obtain
such new life insurance; | ||||||
7 | and | ||||||
8 | (ii) that the payee, at his or her sole option and | ||||||
9 | expense, may obtain such new life
insurance on the | ||||||
10 | payor's life up to a maximum level of death benefit | ||||||
11 | coverage,
or descending death benefit coverage, as is | ||||||
12 | set by the court, such level not to exceed a reasonable
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13 | amount in light of the court's award, with the payee or | ||||||
14 | the
payee's designee being the beneficiary of such life | ||||||
15 | insurance. | ||||||
16 | In determining the maximum level of death benefit coverage, | ||||||
17 | the court shall take into account all relevant facts and | ||||||
18 | circumstances, including the impact on access to life | ||||||
19 | insurance by the maintenance payor. If in resolving any | ||||||
20 | issues under paragraph (2) of this subsection (f) a court | ||||||
21 | reviews any submitted or proposed application for new | ||||||
22 | insurance on the life of a maintenance payor, the review | ||||||
23 | shall be in camera. | ||||||
24 | (3) (Blank) A judgment shall expressly set forth that | ||||||
25 | all death benefits paid under life insurance on
a payor's | ||||||
26 | life maintained or obtained pursuant to this subsection to |
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1 | secure
maintenance are designated as excludable from the | ||||||
2 | gross income of the
maintenance payee under Section | ||||||
3 | 71(b)(1)(B) of the Internal Revenue Code, unless an
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4 | agreement or stipulation of the parties otherwise | ||||||
5 | provides . | ||||||
6 | (Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17; 100-520, | ||||||
7 | eff. 1-1-18 (see Section 5 of P.A. 100-565 for the effective | ||||||
8 | date of P.A. 100-520).)
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9 | (750 ILCS 5/505) (from Ch. 40, par. 505)
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10 | Sec. 505. Child support; contempt; penalties.
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11 | (a) In a proceeding for dissolution of marriage, legal | ||||||
12 | separation,
declaration of invalidity of marriage, or | ||||||
13 | dissolution of a civil union, a proceeding for child support
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14 | following a legal separation or dissolution of the marriage or | ||||||
15 | civil union by a court that lacked personal
jurisdiction over | ||||||
16 | the absent spouse, a proceeding for modification of a
previous | ||||||
17 | order for child support under Section 510 of this Act, or any
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18 | proceeding authorized under Section 501 or 601 of this Act, the | ||||||
19 | court may
order either or both parents owing a duty of support | ||||||
20 | to a child of the
marriage or civil union to pay an amount | ||||||
21 | reasonable and necessary for support. The duty of support owed | ||||||
22 | to a child
includes the obligation to provide for the | ||||||
23 | reasonable and necessary physical, mental and emotional health | ||||||
24 | needs of the child.
For purposes of this Section, the term | ||||||
25 | "child" shall include any child under
age 18 and
any child age |
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1 | 19 or younger who is still attending high school. For purposes | ||||||
2 | of this Section, the term "obligor" means the parent obligated | ||||||
3 | to pay support to the other parent.
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4 | (1) Child support guidelines. The Illinois Department | ||||||
5 | of Healthcare and Family Services shall adopt rules | ||||||
6 | establishing child support guidelines which include | ||||||
7 | worksheets to aid in the calculation of the child support | ||||||
8 | obligations and a schedule of basic child support | ||||||
9 | obligations that reflects the percentage of combined net | ||||||
10 | income that parents living in the same household in this | ||||||
11 | State ordinarily spend on their child. The child support | ||||||
12 | guidelines have the following purposes: | ||||||
13 | (A) to establish as State policy an adequate | ||||||
14 | standard of support for a child, subject to the ability | ||||||
15 | of parents to pay; | ||||||
16 | (B) to make child support obligations more | ||||||
17 | equitable by ensuring more consistent treatment of | ||||||
18 | parents in similar circumstances; | ||||||
19 | (C) to improve the efficiency of the court process | ||||||
20 | by promoting settlements and giving courts and the | ||||||
21 | parties guidance in establishing levels of child | ||||||
22 | support; | ||||||
23 | (D) to calculate child support based upon the | ||||||
24 | parents' combined net income estimated to have been | ||||||
25 | allocated for the support of the child if the parents | ||||||
26 | and child were living in an intact household; |
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1 | (E) to adjust child support based upon the needs of | ||||||
2 | the child;
and | ||||||
3 | (F) to allocate the amount of child support to be | ||||||
4 | paid by each parent based upon a parent's net income | ||||||
5 | and the child's physical care arrangements. | ||||||
6 | (1.5) Computation of basic child support obligation. | ||||||
7 | The court shall compute the basic child support obligation | ||||||
8 | by taking the following steps: | ||||||
9 | (A) determine each parent's monthly net income; | ||||||
10 | (B) add the parents' monthly net incomes together | ||||||
11 | to determine the combined monthly net income of the | ||||||
12 | parents; | ||||||
13 | (C) select the corresponding appropriate amount | ||||||
14 | from the schedule of basic child support obligations | ||||||
15 | based on the parties' combined monthly net income and | ||||||
16 | number of children of the parties; and | ||||||
17 | (D) calculate each parent's percentage share of | ||||||
18 | the basic child support obligation. | ||||||
19 | Although a monetary obligation is computed for each | ||||||
20 | parent as child support, the receiving parent's share is | ||||||
21 | not payable to the other parent and is presumed to be spent | ||||||
22 | directly on the child. | ||||||
23 | (2) Duty of support. The court shall determine child | ||||||
24 | support in each case by applying the child support | ||||||
25 | guidelines unless the court makes a finding that | ||||||
26 | application of the guidelines would be inappropriate, |
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1 | after considering the best interests of the child and | ||||||
2 | evidence which shows relevant factors including, but not | ||||||
3 | limited to, one or more of the following: | ||||||
4 | (A) the financial resources and needs of the child; | ||||||
5 | (B) the financial resources and needs of the | ||||||
6 | parents; | ||||||
7 | (C) the standard of living the child would have | ||||||
8 | enjoyed had the marriage or civil union not been | ||||||
9 | dissolved; and | ||||||
10 | (D) the physical and emotional condition of the | ||||||
11 | child and his or her educational needs. | ||||||
12 | (3) Income. | ||||||
13 | (A) As used in this Section, "gross income" means | ||||||
14 | the total of all income from all sources, except "gross | ||||||
15 | income" does not include (i) benefits received by the | ||||||
16 | parent from means-tested public assistance programs, | ||||||
17 | including, but not limited to, Temporary Assistance | ||||||
18 | for to Needy Families, Supplemental Security Income, | ||||||
19 | and the Supplemental Nutrition Assistance Program or | ||||||
20 | (ii) benefits and income received by the parent for | ||||||
21 | other children in the household, including, but not | ||||||
22 | limited to, child support, survivor benefits, and | ||||||
23 | foster care payments. Social security disability and | ||||||
24 | retirement benefits paid for the benefit of the subject | ||||||
25 | child must be included in the disabled or retired | ||||||
26 | parent's gross income for purposes of calculating the |
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1 | parent's child support obligation, but the parent is | ||||||
2 | entitled to a child support credit for the amount of | ||||||
3 | benefits paid to the other party for the child. "Gross | ||||||
4 | income" also includes spousal maintenance treated as | ||||||
5 | taxable income for federal income tax purposes to the | ||||||
6 | payee and received pursuant to a court order in the | ||||||
7 | pending proceedings or any other proceedings and shall | ||||||
8 | that must be included in the payee's recipient's gross | ||||||
9 | income for purposes of calculating the parent's child | ||||||
10 | support obligation. | ||||||
11 | (B) As used in this Section, "net income" means | ||||||
12 | gross income minus either the standardized tax amount | ||||||
13 | calculated pursuant to subparagraph (C) of this | ||||||
14 | paragraph (3) or the individualized tax amount | ||||||
15 | calculated pursuant to subparagraph (D) of this | ||||||
16 | paragraph (3), and minus any adjustments pursuant to | ||||||
17 | subparagraph (F) of this paragraph (3). The | ||||||
18 | standardized tax amount shall be used unless the | ||||||
19 | requirements for an individualized tax amount set | ||||||
20 | forth in subparagraph (E) of this paragraph (3) are | ||||||
21 | met. "Net income" includes maintenance not includable | ||||||
22 | in the gross taxable income of the payee for federal | ||||||
23 | income tax purposes under a court order in the pending | ||||||
24 | proceedings or any other proceedings and shall be | ||||||
25 | included in the payee's net income for purposes of | ||||||
26 | calculating the parent's child support obligation. |
| |||||||
| |||||||
1 | (C) As used in this Section, "standardized tax | ||||||
2 | amount" means the total of federal and state income | ||||||
3 | taxes for a single person claiming the standard tax | ||||||
4 | deduction, one personal exemption, and the applicable | ||||||
5 | number of dependency exemptions for the minor child or | ||||||
6 | children of the parties, and Social Security and | ||||||
7 | Medicare tax calculated at the Federal Insurance | ||||||
8 | Contributions Act rate. | ||||||
9 | (I) Unless a court has determined otherwise or | ||||||
10 | the parties otherwise agree, the party with the | ||||||
11 | majority of parenting time shall be deemed | ||||||
12 | entitled to claim the dependency exemption for the | ||||||
13 | parties' minor child. | ||||||
14 | (II) The Illinois Department of Healthcare and | ||||||
15 | Family Services shall promulgate a standardized | ||||||
16 | net income conversion table that computes net | ||||||
17 | income by deducting the standardized tax amount | ||||||
18 | from gross income. | ||||||
19 | (D) As used in this Section, "individualized tax | ||||||
20 | amount" means the aggregate of the following taxes: | ||||||
21 | (I) federal income tax (properly calculated | ||||||
22 | withholding or estimated payments); | ||||||
23 | (II) State income tax (properly calculated | ||||||
24 | withholding or estimated payments); and | ||||||
25 | (III) Social Security or self-employment tax, | ||||||
26 | if applicable (or, if none, mandatory retirement |
| |||||||
| |||||||
1 | contributions required by law or as a condition of | ||||||
2 | employment) and Medicare tax calculated at the | ||||||
3 | Federal Insurance Contributions Act rate. | ||||||
4 | (E) In lieu of a standardized tax amount, a | ||||||
5 | determination of an individualized tax amount may be | ||||||
6 | made under items (I), (II), or (III) below. If an | ||||||
7 | individualized tax amount determination is made under | ||||||
8 | this subparagraph (E), all relevant tax attributes | ||||||
9 | (including filing status, allocation of dependency | ||||||
10 | exemptions, and whether a party is to claim the use of | ||||||
11 | the standard deduction or itemized deductions for | ||||||
12 | federal income tax purposes) shall be as the parties | ||||||
13 | agree or as the court determines. To determine a | ||||||
14 | party's reported income, the court may order the party | ||||||
15 | to complete an Internal Revenue Service Form 4506-T, | ||||||
16 | Request for Tax Transcript. | ||||||
17 | (I) Agreement. Irrespective of whether the | ||||||
18 | parties agree on any other issue before the court, | ||||||
19 | if they jointly stipulate for the record their | ||||||
20 | concurrence on a computation method for the | ||||||
21 | individualized tax amount that is different from | ||||||
22 | the method set forth under subparagraph (D), the | ||||||
23 | stipulated method shall be used by the court unless | ||||||
24 | the court rejects the proposed stipulated method | ||||||
25 | for good cause. | ||||||
26 | (II) Summary hearing. If the court determines |
| |||||||
| |||||||
1 | child support in a summary hearing under Section | ||||||
2 | 501 and an eligible party opts in to the | ||||||
3 | individualized tax amount method under this item | ||||||
4 | (II), the individualized tax amount shall be | ||||||
5 | determined by the court on the basis of information | ||||||
6 | contained in one or both parties' Supreme Court | ||||||
7 | approved Financial Affidavit (Family & Divorce | ||||||
8 | Cases) and relevant supporting documents under | ||||||
9 | applicable court rules. No party, however, is | ||||||
10 | eligible to opt in unless the party, under | ||||||
11 | applicable court rules, has served the other party | ||||||
12 | with the required Supreme Court approved Financial | ||||||
13 | Affidavit (Family & Divorce Cases) and has | ||||||
14 | substantially produced supporting documents | ||||||
15 | required by the applicable court rules. | ||||||
16 | (III) Evidentiary hearing. If the court | ||||||
17 | determines child support in an evidentiary | ||||||
18 | hearing, whether for purposes of a temporary order | ||||||
19 | or at the conclusion of a proceeding, item (II) of | ||||||
20 | this subparagraph (E) does not apply. In each such | ||||||
21 | case (unless item (I) governs), the individualized | ||||||
22 | tax amount shall be as determined by the court on | ||||||
23 | the basis of the record established. | ||||||
24 | (F) Adjustments to income. | ||||||
25 | (I) Multi-family adjustment. If a parent is | ||||||
26 | also legally responsible for support of a child not |
| |||||||
| |||||||
1 | shared with the other parent and not subject to the | ||||||
2 | present proceeding, there shall be an adjustment | ||||||
3 | to net income as follows: | ||||||
4 | (i) Multi-family adjustment with court | ||||||
5 | order. The court shall deduct from the parent's | ||||||
6 | net income the amount of child support actually | ||||||
7 | paid by the parent pursuant to a support order | ||||||
8 | unless the court makes a finding that it would | ||||||
9 | cause economic hardship to the child. | ||||||
10 | (ii) Multi-family adjustment without court | ||||||
11 | order. Upon the request or application of a | ||||||
12 | parent actually supporting a presumed, | ||||||
13 | acknowledged, or adjudicated child living in | ||||||
14 | or outside of that parent's household, there | ||||||
15 | shall be an adjustment to child support. The | ||||||
16 | court shall deduct from the parent's net income | ||||||
17 | the amount of financial support actually paid | ||||||
18 | by the parent for the child or 75% of the | ||||||
19 | support the parent should pay under the child | ||||||
20 | support guidelines (before this adjustment), | ||||||
21 | whichever is less, unless the court makes a | ||||||
22 | finding that it would cause economic hardship | ||||||
23 | to the child. The adjustment shall be | ||||||
24 | calculated using that parent's income alone. | ||||||
25 | (II) Spousal Maintenance adjustment. | ||||||
26 | Obligations pursuant to a court order for spousal |
| |||||||
| |||||||
1 | maintenance in the pending proceeding actually | ||||||
2 | paid or payable to the same party to whom child | ||||||
3 | support is to be payable or actually paid to a | ||||||
4 | former spouse pursuant to a court order shall be | ||||||
5 | deducted from the parent's after-tax income, | ||||||
6 | unless the maintenance obligation is tax | ||||||
7 | deductible to the payor for federal income tax | ||||||
8 | purposes, in which case it shall be deducted from | ||||||
9 | the payor's gross income for purposes of | ||||||
10 | calculating the parent's child support obligation | ||||||
11 | gross income . | ||||||
12 | (3.1) Business income.
For purposes of calculating | ||||||
13 | child support, net business income from the operation of a | ||||||
14 | business means gross receipts minus ordinary and necessary | ||||||
15 | expenses required to carry on the trade or business. As | ||||||
16 | used in this paragraph, "business" includes, but is not | ||||||
17 | limited to, sole proprietorships, closely held | ||||||
18 | corporations, partnerships, other flow-through business | ||||||
19 | entities, and self-employment. The court shall apply the | ||||||
20 | following: | ||||||
21 | (A) The accelerated component of depreciation and | ||||||
22 | any business expenses determined either judicially or | ||||||
23 | administratively to be inappropriate or excessive | ||||||
24 | shall be excluded from the total of ordinary and | ||||||
25 | necessary business expenses to be deducted in the | ||||||
26 | determination of net business income from gross |
| |||||||
| |||||||
1 | business income. | ||||||
2 | (B) Any item of reimbursement or in-kind payment | ||||||
3 | received by a parent from a business, including, but | ||||||
4 | not limited to, a company car, reimbursed meals, free | ||||||
5 | housing, or a housing allowance, shall be counted as | ||||||
6 | income if not otherwise included in the recipient's | ||||||
7 | gross income, if the item is significant in amount and | ||||||
8 | reduces personal expenses. | ||||||
9 | (3.2) Unemployment or underemployment.
If a parent is | ||||||
10 | voluntarily unemployed or underemployed, child support | ||||||
11 | shall be calculated based on a determination of potential | ||||||
12 | income. A determination of potential income shall be made | ||||||
13 | by determining employment potential and probable earnings | ||||||
14 | level based on the obligor's work history, occupational | ||||||
15 | qualifications, prevailing job opportunities, the | ||||||
16 | ownership by a parent of a substantial non-income producing | ||||||
17 | asset, and earnings levels in the community. If there is | ||||||
18 | insufficient work history to determine employment | ||||||
19 | potential and probable earnings level, there shall be a | ||||||
20 | rebuttable presumption that the parent's potential income | ||||||
21 | is 75% of the most recent United States Department of | ||||||
22 | Health and Human Services Federal Poverty Guidelines for a | ||||||
23 | family of one person. | ||||||
24 | (3.3) Rebuttable presumption in favor of guidelines.
| ||||||
25 | There is a rebuttable presumption in any judicial or | ||||||
26 | administrative proceeding for child support that the |
| |||||||
| |||||||
1 | amount of the child support obligation that would result | ||||||
2 | from the application of the child support guidelines is the | ||||||
3 | correct amount of child support. | ||||||
4 | (3.3a) Minimum child support obligation. There is a | ||||||
5 | rebuttable presumption that a minimum child support | ||||||
6 | obligation of $40 per month, per child, will be entered for | ||||||
7 | an obligor who has actual or imputed gross income at or | ||||||
8 | less than 75% of the most recent United States Department | ||||||
9 | of Health and Human Services Federal Poverty Guidelines for | ||||||
10 | a family of one person, with a maximum total child support | ||||||
11 | obligation for that obligor of $120 per month to be divided | ||||||
12 | equally among all of the obligor's children. | ||||||
13 | (3.3b) Zero dollar child support order. For parents | ||||||
14 | with no gross income, who receive only means-tested | ||||||
15 | assistance, or who cannot work due to a medically proven | ||||||
16 | disability, incarceration, or institutionalization, there | ||||||
17 | is a rebuttable presumption that the $40 per month minimum | ||||||
18 | support order is inapplicable and a zero dollar order shall | ||||||
19 | be entered. | ||||||
20 | (3.4) Deviation factors.
In any action to establish or | ||||||
21 | modify child support, whether pursuant to a temporary or | ||||||
22 | final administrative or court order, the child support | ||||||
23 | guidelines shall be used as a rebuttable presumption for | ||||||
24 | the establishment or modification of the amount of child | ||||||
25 | support. The court may deviate from the child support | ||||||
26 | guidelines if the application would be inequitable, |
| |||||||
| |||||||
1 | unjust, or inappropriate. Any deviation from the | ||||||
2 | guidelines shall be accompanied by written findings by the | ||||||
3 | court specifying the reasons for the deviation and the | ||||||
4 | presumed amount under the child support guidelines without | ||||||
5 | a deviation. These reasons may include: | ||||||
6 | (A) extraordinary medical expenditures necessary | ||||||
7 | to preserve the life or health of a party or a child of | ||||||
8 | either or both of the parties; | ||||||
9 | (B) additional expenses incurred for a child | ||||||
10 | subject to the child support order who has special | ||||||
11 | medical, physical, or developmental needs; and | ||||||
12 | (C) any other factor the court determines should be | ||||||
13 | applied upon a finding that the application of the | ||||||
14 | child support guidelines would be inappropriate, after | ||||||
15 | considering the best interest of the child. | ||||||
16 | (3.5) Income in excess of the schedule of basic child | ||||||
17 | support obligation. A court may use its discretion to | ||||||
18 | determine child support if the combined adjusted net income | ||||||
19 | of the parties exceeds the highest level of the schedule of | ||||||
20 | basic child support obligation, except that the basic child | ||||||
21 | support obligation shall not be less than the highest level | ||||||
22 | of combined net income set forth in the schedule of basic | ||||||
23 | child support obligation. | ||||||
24 | (3.6) Extracurricular activities and school expenses.
| ||||||
25 | The court, in its discretion, in addition to the basic | ||||||
26 | child support obligation, may order either or both parents |
| |||||||
| |||||||
1 | owing a duty of support to the child to contribute to the | ||||||
2 | reasonable school and extracurricular activity expenses | ||||||
3 | incurred which are intended to enhance the educational, | ||||||
4 | athletic, social, or cultural development of the child. | ||||||
5 | (3.7) Child care expenses.
The court, in its | ||||||
6 | discretion, in addition to the basic child support | ||||||
7 | obligation, may order either or both parents owing a duty | ||||||
8 | of support to the child to contribute to the reasonable | ||||||
9 | child care expenses of the child. The child care expenses | ||||||
10 | shall be made payable directly to a party or directly to | ||||||
11 | the child care provider at the time of child care services. | ||||||
12 | (A) "Child care expenses" means actual expenses | ||||||
13 | reasonably necessary to enable a parent or non-parent | ||||||
14 | custodian to be employed, to attend educational or | ||||||
15 | vocational training programs to improve employment | ||||||
16 | opportunities, or to search for employment. "Child | ||||||
17 | care expenses" also includes deposits for securing | ||||||
18 | placement in a child care program, the cost of before | ||||||
19 | and after school care, and camps when school is not in | ||||||
20 | session. A child's special needs shall be a | ||||||
21 | consideration in determining reasonable child care | ||||||
22 | expenses. | ||||||
23 | (B) Child care expenses shall be prorated in | ||||||
24 | proportion to each parent's percentage share of | ||||||
25 | combined net income, and may be added to the basic | ||||||
26 | child support obligation if not paid directly by each |
| |||||||
| |||||||
1 | parent to the provider of child care services. The | ||||||
2 | obligor's and obligee's portion of actual child care | ||||||
3 | expenses shall appear in the support order. If allowed, | ||||||
4 | the value of the federal income tax credit for child | ||||||
5 | care shall be subtracted from the actual cost to | ||||||
6 | determine the net child care costs. | ||||||
7 | (C) The amount of child care expenses shall be | ||||||
8 | adequate to obtain reasonable and necessary child | ||||||
9 | care. The actual child care expenses shall be used to | ||||||
10 | calculate the child care expenses, if available. When | ||||||
11 | actual child care expenses vary, the actual child care | ||||||
12 | expenses may be averaged over the most recent 12-month | ||||||
13 | period. When a parent is temporarily unemployed or | ||||||
14 | temporarily not attending educational or vocational | ||||||
15 | training programs, future child care expenses shall be | ||||||
16 | based upon prospective expenses to be incurred upon | ||||||
17 | return to employment or educational or vocational | ||||||
18 | training programs. | ||||||
19 | (D) An order for child care expenses may be | ||||||
20 | modified upon a showing of a substantial change in | ||||||
21 | circumstances. The party incurring child care expenses | ||||||
22 | shall notify the other party within 14 days of any | ||||||
23 | change in the amount of child care expenses that would | ||||||
24 | affect the annualized child care amount as determined | ||||||
25 | in the support order. | ||||||
26 | (3.8) Shared physical care. If each parent exercises |
| |||||||
| |||||||
1 | 146 or more overnights per year with the child, the basic | ||||||
2 | child support obligation is multiplied by 1.5 to calculate | ||||||
3 | the shared care child support obligation. The court shall | ||||||
4 | determine each parent's share of the shared care child | ||||||
5 | support obligation based on the parent's percentage share | ||||||
6 | of combined net income. The child support obligation is | ||||||
7 | then computed for each parent by multiplying that parent's | ||||||
8 | portion of the shared care support obligation by the | ||||||
9 | percentage of time the child spends with the other parent. | ||||||
10 | The respective child support obligations are then offset, | ||||||
11 | with the parent owing more child support paying the | ||||||
12 | difference between the child support amounts. The Illinois | ||||||
13 | Department of Healthcare and Family Services shall | ||||||
14 | promulgate a worksheet to calculate child support in cases | ||||||
15 | in which the parents have shared physical care and use the | ||||||
16 | standardized tax amount to determine net income. | ||||||
17 | (3.9) Split physical care. When
there is more than one | ||||||
18 | child and each parent has physical care of at least one but | ||||||
19 | not all of the children, the support is calculated by using | ||||||
20 | 2 child support worksheets to determine the support each | ||||||
21 | parent owes the other. The support shall be calculated as | ||||||
22 | follows: | ||||||
23 | (A) compute the support the first parent would owe | ||||||
24 | to other parent as if the child in his or her care was | ||||||
25 | the only child of the parties; then | ||||||
26 | (B) compute the support the other parent would owe |
| |||||||
| |||||||
1 | to the first parent as if the child in his or her care | ||||||
2 | were the only child of the parties; then | ||||||
3 | (C) subtract the lesser support obligation from | ||||||
4 | the greater. | ||||||
5 | The parent who owes the greater obligation shall be | ||||||
6 | ordered to pay the difference in support to the other | ||||||
7 | parent, unless the court determines, pursuant to other | ||||||
8 | provisions of this Section, that it should deviate from the | ||||||
9 | guidelines. | ||||||
10 | (4) Health care. | ||||||
11 | (A) A portion of the basic child support obligation | ||||||
12 | is intended to cover basic ordinary out-of-pocket | ||||||
13 | medical expenses. The court, in its discretion, in | ||||||
14 | addition to the basic child support obligation, shall | ||||||
15 | also provide for the child's current and future medical | ||||||
16 | needs by ordering either or both parents to initiate | ||||||
17 | health insurance coverage for the child through | ||||||
18 | currently effective health insurance policies held by | ||||||
19 | the parent or parents, purchase one or more or all | ||||||
20 | health, dental, or vision insurance policies for the | ||||||
21 | child, or provide for the child's current and future | ||||||
22 | medical needs through some other manner. | ||||||
23 | (B) The court, in its discretion, may order either | ||||||
24 | or both parents to contribute to the reasonable health | ||||||
25 | care needs of the child not covered by insurance, | ||||||
26 | including, but not limited to, unreimbursed medical, |
| |||||||
| |||||||
1 | dental, orthodontic, or vision expenses and any | ||||||
2 | prescription medication for the child not covered | ||||||
3 | under the child's health insurance. | ||||||
4 | (C) If neither parent has access to appropriate | ||||||
5 | private health insurance coverage, the court may | ||||||
6 | order: | ||||||
7 | (I) one or both parents to provide health | ||||||
8 | insurance coverage at any time it becomes | ||||||
9 | available at a reasonable cost; or | ||||||
10 | (II) the parent or non-parent custodian with | ||||||
11 | primary physical responsibility for the child to | ||||||
12 | apply for public health insurance coverage for the | ||||||
13 | child and require either or both parents to pay a | ||||||
14 | reasonable amount of the cost of health insurance | ||||||
15 | for the child. | ||||||
16 | The order may also provide that any time private | ||||||
17 | health insurance coverage is available at a reasonable | ||||||
18 | cost to that party it will be provided instead of cash | ||||||
19 | medical support. As used in this Section, "cash medical | ||||||
20 | support" means an amount ordered to be paid toward the | ||||||
21 | cost of health insurance provided by a public entity or | ||||||
22 | by another person through employment or otherwise or | ||||||
23 | for other medical costs not covered by insurance. | ||||||
24 | (D) The amount to be added to the basic child | ||||||
25 | support obligation shall be the actual amount of the | ||||||
26 | total health insurance premium that is attributable to |
| |||||||
| |||||||
1 | the child who is the subject of the order. If this | ||||||
2 | amount is not available or cannot be verified, the | ||||||
3 | total cost of the health insurance premium shall be | ||||||
4 | divided by the total number of persons covered by the | ||||||
5 | policy. The cost per person derived from this | ||||||
6 | calculation shall be multiplied by the number of | ||||||
7 | children who are the subject of the order and who are | ||||||
8 | covered under the health insurance policy. This amount | ||||||
9 | shall be added to the basic child support obligation | ||||||
10 | and shall be allocated between the parents in | ||||||
11 | proportion to their respective net incomes. | ||||||
12 | (E) After the health insurance premium for the | ||||||
13 | child is added to the basic child support obligation | ||||||
14 | and allocated between the parents in proportion to | ||||||
15 | their respective incomes for child support purposes, | ||||||
16 | if the obligor is paying the premium, the amount | ||||||
17 | calculated for the obligee's share of the health | ||||||
18 | insurance premium for the child shall be deducted from | ||||||
19 | the obligor's share of the total child support | ||||||
20 | obligation. If the obligee is paying for private health | ||||||
21 | insurance for the child, the child support obligation | ||||||
22 | shall be increased by the obligor's share of the | ||||||
23 | premium payment. The obligor's and obligee's portion | ||||||
24 | of health insurance costs shall appear in the support | ||||||
25 | order. | ||||||
26 | (F) Prior to allowing the health insurance |
| |||||||
| |||||||
1 | adjustment, the parent requesting the adjustment must | ||||||
2 | submit proof that the child has been enrolled in a | ||||||
3 | health insurance plan and must submit proof of the cost | ||||||
4 | of the premium. The court shall require the parent | ||||||
5 | receiving the adjustment to annually submit proof of | ||||||
6 | continued coverage of the child to the other parent, or | ||||||
7 | as designated by the court. | ||||||
8 | (G) A reasonable cost for providing health | ||||||
9 | insurance coverage for the child may not exceed 5% of | ||||||
10 | the providing parent's gross income. Parents with a net | ||||||
11 | income below 133% of the most recent United States | ||||||
12 | Department of Health and Human Services Federal | ||||||
13 | Poverty Guidelines or whose child is covered by | ||||||
14 | Medicaid based on that parent's income may not be | ||||||
15 | ordered to contribute toward or provide private | ||||||
16 | coverage, unless private coverage is obtainable | ||||||
17 | without any financial contribution by that parent. | ||||||
18 | (H) If dental or vision insurance is included as | ||||||
19 | part of the employer's medical plan, the coverage shall | ||||||
20 | be maintained for the child. If not included in the | ||||||
21 | employer's medical plan, adding the dental or vision | ||||||
22 | insurance for the child is at the discretion of the | ||||||
23 | court. | ||||||
24 | (I) If a parent has been directed to provide health | ||||||
25 | insurance pursuant to this paragraph and that parent's | ||||||
26 | spouse or legally recognized partner provides the |
| |||||||
| |||||||
1 | insurance for the benefit of the child either directly | ||||||
2 | or through employment, a credit on the child support | ||||||
3 | worksheet shall be given to that parent in the same | ||||||
4 | manner as if the premium were paid by that parent.
| ||||||
5 | (4.5) In a proceeding for child support following | ||||||
6 | dissolution of the
marriage or civil union by a court that | ||||||
7 | lacked personal jurisdiction over the absent spouse,
and in | ||||||
8 | which the court is requiring payment of support for the | ||||||
9 | period before
the date an order for current support is | ||||||
10 | entered, there is a rebuttable
presumption
that the | ||||||
11 | obligor's net income for the prior period was the same as | ||||||
12 | his
or her net income at the time the order for current | ||||||
13 | support is entered.
| ||||||
14 | (5) If the net income cannot be determined because of | ||||||
15 | default or any
other reason, the court shall order support | ||||||
16 | in an amount considered
reasonable in the particular case. | ||||||
17 | The final order in all cases shall
state the support level | ||||||
18 | in dollar amounts.
However, if the
court finds that the | ||||||
19 | child support amount cannot be expressed exclusively as a
| ||||||
20 | dollar amount because all or a portion of the obligor's net | ||||||
21 | income is uncertain
as to source, time of payment, or | ||||||
22 | amount, the court may order a percentage
amount of support | ||||||
23 | in addition to a specific dollar amount and enter
such | ||||||
24 | other orders as may be necessary to determine and enforce, | ||||||
25 | on a timely
basis, the applicable support ordered.
| ||||||
26 | (6) If (i) the obligor was properly served with a |
| |||||||
| |||||||
1 | request
for
discovery of financial information relating to | ||||||
2 | the obligor's
ability to
provide child support, (ii) the | ||||||
3 | obligor failed to comply with the
request,
despite having | ||||||
4 | been ordered to do so by the court, and (iii) the obligor | ||||||
5 | is not present at the hearing to determine support despite | ||||||
6 | having
received
proper notice, then any relevant financial | ||||||
7 | information concerning the obligor's
ability to provide | ||||||
8 | child support that was obtained
pursuant to
subpoena and | ||||||
9 | proper notice shall be admitted into evidence without the | ||||||
10 | need to
establish any further foundation for its admission.
| ||||||
11 | (a-5) In an action to enforce an order for child support | ||||||
12 | based on the obligor's
failure
to make support payments as | ||||||
13 | required by the order, notice of proceedings to
hold the | ||||||
14 | obligor in contempt for that failure may be served on the | ||||||
15 | obligor
by personal service or by regular mail addressed to the | ||||||
16 | last known address of the obligor. The last known address of | ||||||
17 | the obligor may be determined from
records of the clerk of the | ||||||
18 | court, from the Federal Case Registry of Child
Support Orders, | ||||||
19 | or by any other reasonable means.
| ||||||
20 | (b) Failure of either parent to comply with an order to pay | ||||||
21 | support shall
be punishable as in other cases of contempt. In | ||||||
22 | addition to other
penalties provided by law the court may, | ||||||
23 | after finding the parent guilty
of contempt, order that the | ||||||
24 | parent be:
| ||||||
25 | (1) placed on probation with such conditions of | ||||||
26 | probation as the court
deems advisable;
|
| |||||||
| |||||||
1 | (2) sentenced to periodic imprisonment for a period not | ||||||
2 | to exceed 6
months; provided, however, that the court may | ||||||
3 | permit the parent to be
released for periods of time during | ||||||
4 | the day or night to:
| ||||||
5 | (A) work; or
| ||||||
6 | (B) conduct a business or other self-employed | ||||||
7 | occupation.
| ||||||
8 | The court may further order any part or all of the earnings | ||||||
9 | of a parent
during a sentence of periodic imprisonment paid to | ||||||
10 | the Clerk of the Circuit
Court or to the parent having physical | ||||||
11 | possession of the child or to the non-parent custodian having | ||||||
12 | custody
of the child of the sentenced parent for the support of | ||||||
13 | the child until further order of the court.
| ||||||
14 | If a parent who is found guilty of contempt for failure to | ||||||
15 | comply with an order to pay support is a person who conducts a | ||||||
16 | business or who is self-employed, the court in addition to | ||||||
17 | other penalties provided by law may order that the parent do | ||||||
18 | one or more of the following: (i) provide to the court monthly | ||||||
19 | financial statements showing income and expenses from the | ||||||
20 | business or the self-employment; (ii) seek employment and | ||||||
21 | report periodically to the court with a diary, listing, or | ||||||
22 | other memorandum of his or her employment search efforts; or | ||||||
23 | (iii) report to the Department of Employment Security for job | ||||||
24 | search services to find employment that will be subject to | ||||||
25 | withholding for child support. | ||||||
26 | If there is a unity of interest and ownership sufficient to |
| |||||||
| |||||||
1 | render no
financial separation between an obligor and another | ||||||
2 | person or
persons or business entity, the court may pierce the | ||||||
3 | ownership veil of the
person, persons, or business entity to | ||||||
4 | discover assets of the obligor held in the name of that person, | ||||||
5 | those persons, or that business entity.
The following | ||||||
6 | circumstances are sufficient to authorize a court to order
| ||||||
7 | discovery of the assets of a person, persons, or business | ||||||
8 | entity and to compel
the application of any discovered assets | ||||||
9 | toward payment on the judgment for
support:
| ||||||
10 | (1) the obligor and the person, persons, or business | ||||||
11 | entity
maintain records together.
| ||||||
12 | (2) the obligor and the person, persons, or business | ||||||
13 | entity
fail to maintain an arm's length relationship | ||||||
14 | between themselves with regard to
any assets.
| ||||||
15 | (3) the obligor transfers assets to the person, | ||||||
16 | persons,
or business entity with the intent to perpetrate a | ||||||
17 | fraud on the obligee.
| ||||||
18 | With respect to assets which
are real property, no order | ||||||
19 | entered under this paragraph shall affect the
rights of bona | ||||||
20 | fide purchasers, mortgagees, judgment creditors, or other lien
| ||||||
21 | holders who acquire their interests in the property prior to | ||||||
22 | the time a notice
of lis pendens pursuant to the Code of Civil | ||||||
23 | Procedure or a copy of the order
is placed of record in the | ||||||
24 | office of the recorder of deeds for the county in
which the | ||||||
25 | real property is located.
| ||||||
26 | The court may also order in cases where the parent is 90 |
| |||||||
| |||||||
1 | days or more
delinquent in payment of support or has been | ||||||
2 | adjudicated in arrears in an
amount equal to 90 days obligation | ||||||
3 | or more, that the parent's Illinois driving
privileges be | ||||||
4 | suspended until the court
determines that the parent is in | ||||||
5 | compliance with the order of support.
The court may also order | ||||||
6 | that the parent be issued a family financial
responsibility | ||||||
7 | driving permit that would allow limited driving privileges for
| ||||||
8 | employment and medical purposes in accordance with Section | ||||||
9 | 7-702.1 of the
Illinois Vehicle Code. The Clerk of the Circuit | ||||||
10 | Court shall certify the order
suspending the driving privileges | ||||||
11 | of the parent or granting the issuance of a
family financial | ||||||
12 | responsibility driving permit to the Secretary of State on
| ||||||
13 | forms prescribed by the Secretary of State. Upon receipt of the | ||||||
14 | authenticated
documents, the Secretary of State shall suspend | ||||||
15 | the parent's driving privileges
until further order of the | ||||||
16 | court and shall, if ordered by the court, subject to
the | ||||||
17 | provisions of Section 7-702.1 of the Illinois Vehicle Code, | ||||||
18 | issue a family
financial responsibility driving permit to the | ||||||
19 | parent.
| ||||||
20 | In addition to the penalties or punishment that may be | ||||||
21 | imposed under this
Section, any person whose conduct | ||||||
22 | constitutes a violation of Section 15 of the
Non-Support | ||||||
23 | Punishment Act may be prosecuted under that Act, and a person
| ||||||
24 | convicted under that Act may be sentenced in accordance with | ||||||
25 | that Act. The
sentence may include but need not be limited to a | ||||||
26 | requirement that the person
perform community service under |
| |||||||
| |||||||
1 | Section 50 of that Act or participate in a work
alternative | ||||||
2 | program under Section 50 of that Act. A person may not be | ||||||
3 | required
to participate in a work alternative program under | ||||||
4 | Section 50 of that Act if
the person is currently participating | ||||||
5 | in a work program pursuant to Section
505.1 of this Act.
| ||||||
6 | A support obligation, or any portion of a support | ||||||
7 | obligation, which becomes
due and remains unpaid as of the end | ||||||
8 | of each month, excluding the child support that was due for | ||||||
9 | that month to the extent that it was not paid in that month, | ||||||
10 | shall accrue simple interest as set forth in Section 12-109 of | ||||||
11 | the Code of Civil Procedure.
An order for support entered or | ||||||
12 | modified on or after January 1, 2006 shall
contain a statement | ||||||
13 | that a support obligation required under the order, or any
| ||||||
14 | portion of a support obligation required under the order, that | ||||||
15 | becomes due and
remains unpaid as of the end of each month, | ||||||
16 | excluding the child support that was due for that month to the | ||||||
17 | extent that it was not paid in that month, shall accrue simple | ||||||
18 | interest as set forth in Section 12-109 of the Code of Civil | ||||||
19 | Procedure. Failure to include the statement in the order for | ||||||
20 | support does
not affect the validity of the order or the | ||||||
21 | accrual of interest as provided in
this Section.
| ||||||
22 | (c) A one-time charge of 20% is imposable upon the amount | ||||||
23 | of
past-due child support owed on July 1, 1988 which has | ||||||
24 | accrued under a
support order entered by the court. The charge | ||||||
25 | shall be imposed in
accordance with the provisions of Section | ||||||
26 | 10-21 of the Illinois Public Aid
Code and shall be enforced by |
| |||||||
| |||||||
1 | the court upon petition.
| ||||||
2 | (d) Any new or existing support order entered by the court
| ||||||
3 | under this Section shall be deemed to be a series of judgments | ||||||
4 | against the
person obligated to pay support thereunder, each | ||||||
5 | such judgment to be in the
amount of each payment or | ||||||
6 | installment of support and each such judgment to
be deemed | ||||||
7 | entered as of the date the corresponding payment or installment
| ||||||
8 | becomes due under the terms of the support order. Each such | ||||||
9 | judgment shall
have the full force, effect and attributes of | ||||||
10 | any other judgment of this
State, including the ability to be | ||||||
11 | enforced.
Notwithstanding any other State or local law to the | ||||||
12 | contrary, a lien arises by operation of law against the real | ||||||
13 | and personal property of
the obligor for each installment of | ||||||
14 | overdue support owed by the obligor.
| ||||||
15 | (e) When child support is to be paid through the Clerk of | ||||||
16 | the Court in a
county of 500,000 1,000,000 inhabitants or less, | ||||||
17 | the order shall direct the obligor to pay to the Clerk, in | ||||||
18 | addition to the child support payments, all fees
imposed by the | ||||||
19 | county board under paragraph (4) of subsection (bb) of
Section | ||||||
20 | 27.1a paragraph (3) of subsection (u) of
Section 27.1 of the | ||||||
21 | Clerks of Courts Act. When child support is to be paid through | ||||||
22 | the clerk of the court in a
county of more than 500,000 but | ||||||
23 | less than 3,000,000 inhabitants, the order shall direct the | ||||||
24 | obligor
to pay to the clerk, in addition to the child support | ||||||
25 | payments, all fees
imposed by the county board under paragraph | ||||||
26 | (4) of subsection (bb) of
Section 27.2 of the Clerks of Courts |
| |||||||
| |||||||
1 | Act. Unless paid pursuant to
an Income Withholding Order/Notice | ||||||
2 | for Support, the payment of the fee shall be by payment | ||||||
3 | acceptable to the clerk and shall be made to the order of the
| ||||||
4 | Clerk.
| ||||||
5 | (f) All orders for support, when entered or
modified, shall | ||||||
6 | include a provision requiring the obligor to notify
the court | ||||||
7 | and, in cases in which a party is receiving child and spouse
| ||||||
8 | services under Article X of the Illinois Public Aid Code, the
| ||||||
9 | Department of Healthcare and Family Services, within 7 days, | ||||||
10 | (i) of the name and address
of any new employer of the obligor, | ||||||
11 | (ii) whether the obligor has access to
health insurance | ||||||
12 | coverage through the employer or other group coverage and,
if | ||||||
13 | so, the policy name and number and the names of persons covered | ||||||
14 | under
the policy, except only the initials of any covered | ||||||
15 | minors shall be included, and (iii) of any new residential or | ||||||
16 | mailing address or telephone
number of the obligor. In any | ||||||
17 | subsequent action to enforce a
support order, upon a sufficient | ||||||
18 | showing that a diligent effort has been made
to ascertain the | ||||||
19 | location of the obligor, service of process or
provision of | ||||||
20 | notice necessary in the case may be made at the last known
| ||||||
21 | address of the obligor in any manner expressly provided by the
| ||||||
22 | Code of Civil Procedure or this Act, which service shall be | ||||||
23 | sufficient for
purposes of due process.
| ||||||
24 | (g) An order for support shall include a date on which the | ||||||
25 | current
support obligation terminates. The termination date | ||||||
26 | shall be no earlier than
the date on which the child covered by |
| |||||||
| |||||||
1 | the order will attain the age of
18. However, if the child will | ||||||
2 | not graduate from high school until after
attaining the age of | ||||||
3 | 18, then the termination date shall be no earlier than the
| ||||||
4 | earlier of the date on which the child's high school graduation | ||||||
5 | will occur or
the date on which the child will attain the age | ||||||
6 | of 19. The order for support
shall state that the termination | ||||||
7 | date does not apply to any arrearage that may
remain unpaid on | ||||||
8 | that date. Nothing in this subsection shall be construed to
| ||||||
9 | prevent the court from modifying the order or terminating the | ||||||
10 | order in the
event the child is otherwise emancipated.
| ||||||
11 | (g-5) If there is an unpaid arrearage or delinquency (as | ||||||
12 | those terms are defined in the Income Withholding for Support | ||||||
13 | Act) equal to at least one month's support obligation on the | ||||||
14 | termination date stated in the order for support or, if there | ||||||
15 | is no termination date stated in the order, on the date the | ||||||
16 | child attains the age of majority or is otherwise emancipated, | ||||||
17 | the periodic amount required to be paid for current support of | ||||||
18 | that child immediately prior to that date shall automatically | ||||||
19 | continue to be an obligation, not as current support but as | ||||||
20 | periodic payment toward satisfaction of the unpaid arrearage or | ||||||
21 | delinquency. That periodic payment shall be in addition to any | ||||||
22 | periodic payment previously required for satisfaction of the | ||||||
23 | arrearage or delinquency. The total periodic amount to be paid | ||||||
24 | toward satisfaction of the arrearage or delinquency may be | ||||||
25 | enforced and collected by any method provided by law for | ||||||
26 | enforcement and collection of child support, including but not |
| |||||||
| |||||||
1 | limited to income withholding under the Income Withholding for | ||||||
2 | Support Act. Each order for support entered or modified on or | ||||||
3 | after January 1, 2005 ( the effective date of Public Act | ||||||
4 | 93-1061) this amendatory Act of the 93rd General Assembly must | ||||||
5 | contain a statement notifying the parties of the requirements | ||||||
6 | of this subsection. Failure to include the statement in the | ||||||
7 | order for support does not affect the validity of the order or | ||||||
8 | the operation of the provisions of this subsection with regard | ||||||
9 | to the order. This subsection shall not be construed to prevent | ||||||
10 | or affect the establishment or modification of an order for | ||||||
11 | support of a minor child or the establishment or modification | ||||||
12 | of an order for support of a non-minor child or educational | ||||||
13 | expenses under Section 513 of this Act.
| ||||||
14 | (h) An order entered under this Section shall include a | ||||||
15 | provision requiring
either parent to report to the other parent | ||||||
16 | and to the Clerk of Court within 10 days each time either | ||||||
17 | parent obtains new employment, and each time either parent's
| ||||||
18 | employment is terminated for any reason. The report shall be in | ||||||
19 | writing and
shall, in the case of new employment, include the | ||||||
20 | name and address of the new
employer. Failure to report new | ||||||
21 | employment or the termination of current
employment, if coupled | ||||||
22 | with nonpayment of support for a period in excess of 60
days, | ||||||
23 | is indirect criminal contempt. For either parent arrested for | ||||||
24 | failure to report new employment bond shall be set in the | ||||||
25 | amount of the child support that should have been paid during | ||||||
26 | the period of unreported employment. An order entered under |
| |||||||
| |||||||
1 | this Section shall also include a provision requiring either | ||||||
2 | obligor
and obligee to advise the other of a change in | ||||||
3 | residence within 5 days
of the change except when the court | ||||||
4 | finds that the physical, mental, or
emotional health of a party | ||||||
5 | or that of a child, or both, would be
seriously endangered by | ||||||
6 | disclosure of the party's address.
| ||||||
7 | (i) The court does not lose the powers of contempt, | ||||||
8 | driver's license
suspension, or other child support | ||||||
9 | enforcement mechanisms, including, but
not limited to, | ||||||
10 | criminal prosecution as set forth in this Act, upon the
| ||||||
11 | emancipation of the minor child.
| ||||||
12 | (Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17; 99-764, | ||||||
13 | eff. 7-1-17; 100-15, eff. 7-1-17; revised 10-6-17.)
| ||||||
14 | (750 ILCS 5/510) (from Ch. 40, par. 510)
| ||||||
15 | Sec. 510. Modification and termination of provisions for
| ||||||
16 | maintenance, support, educational expenses, and property | ||||||
17 | disposition. | ||||||
18 | (a) Except as otherwise provided in paragraph (f) of | ||||||
19 | Section 502 and
in subsection (b), clause (3) of Section 505.2, | ||||||
20 | the provisions of any
judgment respecting maintenance or | ||||||
21 | support may be modified only as to
installments accruing | ||||||
22 | subsequent to due notice by the moving party of the
filing of | ||||||
23 | the motion for modification. An order for child
support may be | ||||||
24 | modified as follows:
| ||||||
25 | (1) upon a showing of a substantial change in |
| |||||||
| |||||||
1 | circumstances; and
| ||||||
2 | (2) without the necessity of showing a substantial | ||||||
3 | change in
circumstances, as follows:
| ||||||
4 | (A) upon a showing of an inconsistency of at least | ||||||
5 | 20%, but no
less than $10 per month, between the amount | ||||||
6 | of the existing order and the
amount of child support | ||||||
7 | that results from application of the guidelines
| ||||||
8 | specified in Section 505 of this Act unless the | ||||||
9 | inconsistency is due to the
fact that the amount of the | ||||||
10 | existing order resulted from a deviation from the
| ||||||
11 | guideline amount and there has not been a change in the | ||||||
12 | circumstances that
resulted in that deviation; or
| ||||||
13 | (B) upon a showing of a need to provide for the | ||||||
14 | health care needs
of the child under the order through | ||||||
15 | health insurance or other means. In no
event shall the | ||||||
16 | eligibility for or receipt of medical assistance be | ||||||
17 | considered
to meet the need to provide for the child's | ||||||
18 | health care needs.
| ||||||
19 | The provisions of subparagraph (a)(2)(A) shall apply only
| ||||||
20 | in cases in which a party is receiving child support
| ||||||
21 | enforcement services from the Department of Healthcare and | ||||||
22 | Family Services under
Article X of the Illinois Public Aid | ||||||
23 | Code, and only when at least 36
months have elapsed since the | ||||||
24 | order for child support was entered or last
modified.
| ||||||
25 | The court may grant a petition for modification that seeks | ||||||
26 | to apply the changes made to subsection (a) of Section 505 by |
| |||||||
| |||||||
1 | Public Act 99-764 to an order entered before the effective date | ||||||
2 | of Public Act 99-764 only upon a finding of a substantial | ||||||
3 | change in circumstances that warrants application of the | ||||||
4 | changes. The enactment of Public Act 99-764 itself does not | ||||||
5 | constitute a substantial change in circumstances warranting a | ||||||
6 | modification. | ||||||
7 | (a-5) An order for maintenance may be modified or | ||||||
8 | terminated only upon a
showing of a substantial change in | ||||||
9 | circumstances. The court may grant a petition for modification | ||||||
10 | that seeks to apply the changes made to Section 504 by this | ||||||
11 | amendatory Act of the 100th General Assembly to an order | ||||||
12 | entered before the effective date of this amendatory Act of the | ||||||
13 | 100th General Assembly only upon a finding of a substantial | ||||||
14 | change in circumstances that warrants application of the | ||||||
15 | changes. The enactment of this amendatory Act of the 100th | ||||||
16 | General Assembly itself does not constitute a substantial | ||||||
17 | change in circumstances warranting a modification. In all such | ||||||
18 | proceedings, as
well as in proceedings in which maintenance is | ||||||
19 | being reviewed, the court shall
consider the applicable factors | ||||||
20 | set forth in subsection (a) of Section 504 and
the following | ||||||
21 | factors:
| ||||||
22 | (1) any change in the employment status of either party | ||||||
23 | and whether the
change has been made
in good faith;
| ||||||
24 | (2) the efforts, if any, made by the party receiving | ||||||
25 | maintenance to become
self-supporting, and
the | ||||||
26 | reasonableness of the efforts where they are appropriate;
|
| |||||||
| |||||||
1 | (3) any impairment of the present and future earning | ||||||
2 | capacity of either
party;
| ||||||
3 | (4) the tax consequences of the maintenance payments | ||||||
4 | upon the respective
economic
circumstances of the parties;
| ||||||
5 | (5) the duration of the maintenance payments | ||||||
6 | previously paid (and
remaining to be paid) relative
to the | ||||||
7 | length of the marriage;
| ||||||
8 | (6) the property, including retirement benefits, | ||||||
9 | awarded to each party
under the judgment of
dissolution of | ||||||
10 | marriage, judgment of legal separation, or judgment of
| ||||||
11 | declaration of invalidity of
marriage and the present | ||||||
12 | status of the property;
| ||||||
13 | (7) the increase or decrease in each party's income | ||||||
14 | since the prior
judgment or order from which
a review, | ||||||
15 | modification, or termination is being sought;
| ||||||
16 | (8) the property acquired and currently owned by each | ||||||
17 | party after the
entry of the judgment of
dissolution of | ||||||
18 | marriage, judgment of legal separation, or judgment of
| ||||||
19 | declaration of invalidity of
marriage; and
| ||||||
20 | (9) any other factor that the court expressly finds to | ||||||
21 | be just and
equitable.
| ||||||
22 | (a-6) (Blank) In a review under subsection (b-4.5) of | ||||||
23 | Section 504 of this Act, the court may enter a fixed-term | ||||||
24 | maintenance award that bars future maintenance only if, at the | ||||||
25 | time of the entry of the award, the marriage had lasted 10 | ||||||
26 | years or less at the time the original action was commenced . |
| |||||||
| |||||||
1 | (b) The provisions as to property disposition may not be | ||||||
2 | revoked or
modified,
unless the court finds the existence of | ||||||
3 | conditions that justify the
reopening of a judgment under the | ||||||
4 | laws of this State.
| ||||||
5 | (c) Unless otherwise agreed by the parties in a written | ||||||
6 | agreement
set forth in the judgment or otherwise approved by | ||||||
7 | the court, the obligation
to pay future maintenance is | ||||||
8 | terminated upon the death of either party, or
the remarriage of | ||||||
9 | the party receiving maintenance, or if the party
receiving | ||||||
10 | maintenance cohabits with another person on a resident,
| ||||||
11 | continuing conjugal basis. An obligor's obligation to pay | ||||||
12 | maintenance or unallocated maintenance terminates by operation | ||||||
13 | of law on the date the obligee remarries or the date the court | ||||||
14 | finds cohabitation began. The obligor is entitled to | ||||||
15 | reimbursement for all maintenance paid from that date forward. | ||||||
16 | Any termination of an obligation for maintenance as a result of | ||||||
17 | the death of the obligor, however, shall be inapplicable to any | ||||||
18 | right of the other party or such other party's designee to | ||||||
19 | receive a death benefit under such insurance on the obligor's | ||||||
20 | life. An obligee must advise the obligor of his or her | ||||||
21 | intention to marry at least 30 days before the remarriage, | ||||||
22 | unless the decision is made within this time period. In that | ||||||
23 | event, he or she must notify the obligor within 72 hours of | ||||||
24 | getting married. | ||||||
25 | (c-5) In an adjudicated case, the court shall make specific | ||||||
26 | factual findings as to the reason for the modification as well |
| |||||||
| |||||||
1 | as the amount, nature, and duration of the modified maintenance | ||||||
2 | award.
| ||||||
3 | (d) Unless otherwise provided in this Act, or as agreed in | ||||||
4 | writing or
expressly
provided in the
judgment, provisions for | ||||||
5 | the support of a child are terminated by emancipation
of the
| ||||||
6 | child, or if the child has attained the age of 18 and is still | ||||||
7 | attending
high school,
provisions for the support of the child | ||||||
8 | are terminated upon the date that the
child
graduates from high | ||||||
9 | school or the date the child attains the age of 19,
whichever | ||||||
10 | is
earlier, but not by the death of a parent obligated to | ||||||
11 | support or educate the
child.
An existing obligation to pay for | ||||||
12 | support
or educational expenses, or both, is not terminated by | ||||||
13 | the death of a
parent. When a parent obligated to pay support | ||||||
14 | or educational
expenses, or both, dies, the amount of support | ||||||
15 | or educational expenses, or
both, may be enforced, modified, | ||||||
16 | revoked or commuted to a lump sum payment,
as equity may | ||||||
17 | require, and that determination may be provided for at the
time | ||||||
18 | of the dissolution of the marriage or thereafter.
| ||||||
19 | (e) The right to petition for support or educational | ||||||
20 | expenses, or both,
under Sections 505, 513, and 513.5 is not | ||||||
21 | extinguished by the death of a parent.
Upon a petition filed | ||||||
22 | before or after a parent's death, the court may award
sums of | ||||||
23 | money out of the decedent's estate for the child's support or
| ||||||
24 | educational expenses, or both, as equity may require. The time | ||||||
25 | within
which a claim may be filed against the estate of a | ||||||
26 | decedent under Sections
505 and 513 and subsection (d) and this |
| |||||||
| |||||||
1 | subsection shall be governed by the
provisions of the Probate | ||||||
2 | Act of 1975, as a barrable, noncontingent claim.
| ||||||
3 | (f) A petition to modify or terminate child support or the | ||||||
4 | allocation of parental responsibilities, including parenting | ||||||
5 | time, shall not delay any child support enforcement litigation | ||||||
6 | or
supplementary proceeding on behalf of the obligee, | ||||||
7 | including, but not limited
to, a petition for a rule to show | ||||||
8 | cause, for non-wage garnishment, or for a
restraining order.
| ||||||
9 | (Source: P.A. 99-90, eff. 1-1-16; 99-764, eff. 7-1-17; 100-15, | ||||||
10 | eff. 7-1-17; 100-201, eff. 8-18-17.)"; and
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11 | on page 93, by inserting immediately below line 13 the | ||||||
12 | following:
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13 | "Section 99. Effective date. This Act takes effect January | ||||||
14 | 1, 2019.".
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