Illinois General Assembly - Full Text of Public Act 093-0353
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Public Act 093-0353


 

Public Act 93-0353 of the 93rd General Assembly


Public Act 93-0353

SB363 Enrolled                       LRB093 02154 LCB 10129 b

    AN ACT concerning family law.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Illinois  Marriage  and  Dissolution of
Marriage Act is amended by changing Section 510 as follows:

    (750 ILCS 5/510) (from Ch. 40, par. 510)
    (Text of Section before amendment by P.A. 92-876)
    Sec. 510.  Modification and termination of provisions for
maintenance,  support,  educational  expenses,  and  property
disposition.
    (a)  Except as otherwise provided  in  paragraph  (f)  of
Section  502  and  in  subsection  (b), clause (3) of Section
505.2, the provisions of any judgment respecting  maintenance
or  support  may be modified only as to installments accruing
subsequent to due notice by the moving party of the filing of
the motion for modification and, with respect to maintenance,
only upon a showing of a substantial change in circumstances.
An order for child support may be modified as follows:
         (1)  upon a  showing  of  a  substantial  change  in
    circumstances; and
         (2)  without  the necessity of showing a substantial
    change in circumstances, as follows:
              (A)  upon a showing of an inconsistency  of  at
         least  20%,  but no less than $10 per month, between
         the amount of the existing order and the  amount  of
         child  support  that results from application of the
         guidelines specified in  Section  505  of  this  Act
         unless the inconsistency is due to the fact that the
         amount   of  the  existing  order  resulted  from  a
         deviation from the guideline amount  and  there  has
         not been a change in the circumstances that resulted
         in that deviation; or
              (B)  Upon  a  showing  of a need to provide for
         the health care needs of the child under  the  order
         through  health  insurance  or  other  means.  In no
         event  shall  the  eligibility  for  or  receipt  of
         medical assistance be considered to meet the need to
         provide for the child's health care needs.
    The provisions of subparagraph (a)(2)(A) shall apply only
in  cases  in  which  a  party  is  receiving  child  support
enforcement services from the Illinois Department  of  Public
Aid under Article X of the Illinois Public Aid Code, and only
when  at  least  36  months  have elapsed since the order for
child support was entered or last modified.
    (a-5)  An  order  for  maintenance  may  be  modified  or
terminated only upon a showing of  a  substantial  change  in
circumstances.   In  all  such  proceedings,  as  well  as in
proceedings in which maintenance is being reviewed, the court
shall consider the applicable factors set forth in subsection
(a) of Section 504 and the following factors:
         (1)  any change in the employment status  of  either
    party and whether the change has been made in good faith;
         (2)  the   efforts,   if  any,  made  by  the  party
    receiving maintenance to become self-supporting, and  the
    reasonableness of the efforts where they are appropriate;
         (3)  any   impairment  of  the  present  and  future
    earning capacity of either party;
         (4)  the  tax  consequences   of   the   maintenance
    payments  upon  the  respective economic circumstances of
    the parties;
         (5)  the  duration  of  the   maintenance   payments
    previously  paid  (and  remaining to be paid) relative to
    the length of the marriage;
         (6)  the property,  including  retirement  benefits,
    awarded  to  each party under the judgment of dissolution
    of marriage, judgment of legal separation, or judgment of
    declaration of invalidity of  marriage  and  the  present
    status of the property;
         (7)  the increase or decrease in each party's income
    since  the  prior  judgment or order from which a review,
    modification, or termination is being sought;
         (8)  the property acquired and  currently  owned  by
    each party after the entry of the judgment of dissolution
    of marriage, judgment of legal separation, or judgment of
    declaration of invalidity of marriage; and
         (9)  any other factor that the court expressly finds
    to be just and equitable.
    (b)  The provisions as to property disposition may not be
revoked  or modified, unless the court finds the existence of
conditions that justify the reopening of a judgment under the
laws of this State.
    (c)  Unless otherwise agreed by the parties in a  written
agreement  set forth in the judgment or otherwise approved by
the court,  the  obligation  to  pay  future  maintenance  is
terminated  upon the death of either party, or the remarriage
of the party receiving maintenance, or if the party receiving
maintenance cohabits  with  another  person  on  a  resident,
continuing conjugal basis.
    (d)  Unless  otherwise  agreed  in  writing  or expressly
provided in a judgment, provisions for the support of a child
are terminated  by  emancipation  of  the  child,  except  as
otherwise  provided  herein, but not by the death of a parent
obligated to  support  or  educate  the  child.  An  existing
obligation  to  pay  for  support or educational expenses, or
both, is not terminated by the death of  a  parent.   When  a
parent  obligated  to pay support or educational expenses, or
both, dies, the amount of support or educational expenses, or
both, may be enforced, modified, revoked  or  commuted  to  a
lump   sum   payment,   as   equity  may  require,  and  that
determination  may  be  provided  for  at  the  time  of  the
dissolution of the marriage or thereafter.
    (e)  The right to petition  for  support  or  educational
expenses,  or  both,  under  Sections  505  and  513  is  not
extinguished  by the death of a parent. Upon a petition filed
before or after a parent's death, the court may award sums of
money out of the decedent's estate for the child's support or
educational expenses, or both, as equity  may  require.   The
time  within which a claim may be filed against the estate of
a decedent under Sections 505 and 513 and subsection (d)  and
this  subsection  shall  be governed by the provisions of the
Probate Act of 1975, as a barrable, noncontingent claim.
    (f)  A petition to modify  or  terminate  child  support,
custody,  or  visitation  shall  not  delay any child support
enforcement litigation or supplementary proceeding on  behalf
of the obligee, including, but not limited to, a petition for
a  rule  to  show  cause,  for non-wage garnishment, or for a
restraining order.
(Source: P.A.  92-289,  eff.  8-9-01;  92-590,  eff.  7-1-02;
92-651, eff. 7-11-02.)

    (Text of Section after amendment by P.A. 92-876)
    Sec. 510.  Modification and termination of provisions for
maintenance,  support,  educational  expenses,  and  property
disposition.
    (a)  Except  as  otherwise  provided  in paragraph (f) of
Section 502 and in subsection  (b),  clause  (3)  of  Section
505.2,  the provisions of any judgment respecting maintenance
or support may be modified only as to  installments  accruing
subsequent to due notice by the moving party of the filing of
the motion for modification and, with respect to maintenance,
only upon a showing of a substantial change in circumstances.
An order for child support may be modified as follows:
         (1)  upon  a  showing  of  a  substantial  change in
    circumstances; and
         (2)  without the necessity of showing a  substantial
    change in circumstances, as follows:
              (A)  upon  a  showing of an inconsistency of at
         least 20%, but no less than $10 per  month,  between
         the  amount  of the existing order and the amount of
         child support that results from application  of  the
         guidelines  specified  in  Section  505  of this Act
         unless the inconsistency is due to the fact that the
         amount  of  the  existing  order  resulted  from   a
         deviation  from  the  guideline amount and there has
         not been a change in the circumstances that resulted
         in that deviation; or
              (B)  Upon a showing of a need  to  provide  for
         the  health  care needs of the child under the order
         through health insurance  or  other  means.   In  no
         event  shall  the  eligibility  for  or  receipt  of
         medical assistance be considered to meet the need to
         provide for the child's health care needs.
    The provisions of subparagraph (a)(2)(A) shall apply only
in  cases  in  which  a  party  is  receiving  child  support
enforcement  services  from the Illinois Department of Public
Aid under Article X of the Illinois Public Aid Code, and only
when at least 36 months have  elapsed  since  the  order  for
child support was entered or last modified.
    (a-5)  An  order  for  maintenance  may  be  modified  or
terminated  only  upon  a  showing of a substantial change in
circumstances.  In  all  such  proceedings,  as  well  as  in
proceedings in which maintenance is being reviewed, the court
shall consider the applicable factors set forth in subsection
(a) of Section 504 and the following factors:
         (1)  any  change  in the employment status of either
    party and whether the change has been made in good faith;
         (2)  the  efforts,  if  any,  made  by   the   party
    receiving  maintenance to become self-supporting, and the
    reasonableness of the efforts where they are appropriate;
         (3)  any  impairment  of  the  present  and   future
    earning capacity of either party;
         (4)  the   tax   consequences   of  the  maintenance
    payments upon the respective  economic  circumstances  of
    the parties;
         (5)  the   duration   of  the  maintenance  payments
    previously paid (and remaining to be  paid)  relative  to
    the length of the marriage;
         (6)  the  property,  including  retirement benefits,
    awarded to each party under the judgment  of  dissolution
    of marriage, judgment of legal separation, or judgment of
    declaration  of  invalidity  of  marriage and the present
    status of the property;
         (7)  the increase or decrease in each party's income
    since the prior judgment or order from  which  a  review,
    modification, or termination is being sought;
         (8)  the  property  acquired  and currently owned by
    each party after the entry of the judgment of dissolution
    of marriage, judgment of legal separation, or judgment of
    declaration of invalidity of marriage; and
         (9)  any other factor that the court expressly finds
    to be just and equitable.
    (b)  The provisions as to property disposition may not be
revoked or modified, unless the court finds the existence  of
conditions that justify the reopening of a judgment under the
laws of this State.
    (c)  Unless  otherwise agreed by the parties in a written
agreement set forth in the judgment or otherwise approved  by
the  court,  the  obligation  to  pay  future  maintenance is
terminated upon the death of either party, or the  remarriage
of the party receiving maintenance, or if the party receiving
maintenance  cohabits  with  another  person  on  a resident,
continuing conjugal basis.
    (d)  Unless otherwise provided in this Act, or as  agreed
in  writing or expressly provided in the judgment, provisions
for the support of a child are terminated by emancipation  of
the  child, or if the child has attained the age of 18 and is
still attending high school, provisions for  the  support  of
the  child  are  terminated  upon  the  date  that  the child
graduates from high school or the date the child attains  the
age  of  19,  whichever is earlier, but not by the death of a
parent obligated to support or educate the child. An existing
obligation to pay for support  or  educational  expenses,  or
both,  is  not  terminated  by the death of a parent.  When a
parent obligated to pay support or educational  expenses,  or
both, dies, the amount of support or educational expenses, or
both,  may  be  enforced,  modified, revoked or commuted to a
lump  sum  payment,  as  equity   may   require,   and   that
determination  may  be  provided  for  at  the  time  of  the
dissolution of the marriage or thereafter.
    (e)  The  right  to  petition  for support or educational
expenses,  or  both,  under  Sections  505  and  513  is  not
extinguished by the death of a parent. Upon a petition  filed
before or after a parent's death, the court may award sums of
money out of the decedent's estate for the child's support or
educational  expenses,  or  both, as equity may require.  The
time within which a claim may be filed against the estate  of
a  decedent under Sections 505 and 513 and subsection (d) and
this subsection shall be governed by the  provisions  of  the
Probate Act of 1975, as a barrable, noncontingent claim.
    (f)  A  petition  to  modify  or terminate child support,
custody, or visitation shall  not  delay  any  child  support
enforcement  litigation or supplementary proceeding on behalf
of the obligee, including, but not limited to, a petition for
a rule to show cause, for  non-wage  garnishment,  or  for  a
restraining order.
(Source:  P.A.  92-289,  eff.  8-9-01;  92-590,  eff. 7-1-02;
92-651, eff. 7-11-02; 92-876, eff. 6-1-03; revised 1-14-03.)

Effective Date: 1/1/2004