Public Act 094-0089
 		





SB0095 Enrolled
LRB094 03452 LCB 33455 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 504 as follows:
 



    (750 ILCS 5/504)  (from Ch. 40, par. 504)



    Sec. 504. Maintenance. 

    (a) In a proceeding for dissolution of marriage or legal 
separation or
declaration of invalidity of marriage, or a 
proceeding for maintenance
following dissolution of the 
marriage by a court which lacked personal
jurisdiction over the 
absent spouse, the court may grant a temporary or
permanent 
maintenance award for either spouse in amounts and for periods 
of
time as the court deems just, without regard to marital 
misconduct, in
gross or for fixed or indefinite periods of 
time, and the maintenance may
be paid from the income or 
property of the other spouse after consideration
of all 
relevant factors, including:


        (1) the income and property of each party, including 
    marital property
apportioned and non-marital property 
    assigned to the party seeking maintenance;


        (2) the needs of each party;


        (3) the present and future earning capacity of each 
    party;


        (4) any impairment of the present and future earning 
    capacity of the
party seeking maintenance due to that party 
    devoting time to domestic
duties or having forgone or 
    delayed education, training,
employment, or
career 
    opportunities due to the marriage;


        (5) the time necessary to enable the party seeking 
    maintenance to
acquire appropriate education, training, 
    and employment, and whether that
party is able to support 
    himself or herself through appropriate employment
or is the 
    custodian of a child making it appropriate that the 
    custodian not
seek employment;


        (6) the standard of living established during the 
    marriage;


        (7) the duration of the marriage;


        (8) the age and the physical and emotional condition of

    both parties;


        (9) the tax consequences of the property division upon 
    the respective
economic circumstances of the parties;


        (10) contributions and services by the party seeking 
    maintenance to
the education, training, career or career 
    potential, or license of the
other spouse;


        (11) any valid agreement of the parties; and


        (12) any other factor that the court expressly finds to 
    be just and
equitable.

    (b) (Blank).

    (b-5) Any maintenance obligation including any unallocated 
maintenance and child support obligation, or any portion of any 
support obligation, that becomes due and remains unpaid shall 
accrue simple interest as set forth in Section 505 of this Act.

    (b-7) Any new or existing maintenance order including any 
unallocated maintenance and child support order entered by the 
court under this Section shall be deemed to be a series of 
judgments against the person obligated to pay support 
thereunder. Each such judgment to be in the amount of each 
payment or installment of support and each such judgment to be 
deemed entered as of the date the corresponding payment or 
installment becomes due under the terms of the support order, 
except no judgment shall arise as to any installment coming due 
after the termination of maintenance as provided by Section 510 
of the Illinois Marriage and Dissolution of Marriage Act or the 
provisions of any order for maintenance.  Each such judgment 
shall have the full force, effect and attributes of any other 
judgment of this State, including the ability to be enforced.  A 
lien arises by operation of law against the real and personal 
property of the obligor for each installment of overdue support 
owed by the obligor.
    (c) The court may grant and enforce the payment of 
maintenance during
the pendency of an appeal as the court shall 
deem reasonable and proper.

    (d) No maintenance shall accrue during the period in which 
a party is
imprisoned for failure to comply with the court's 
order for the payment of
such maintenance.

    (e) When maintenance is to be paid through the clerk of the 
court in a
county of 1,000,000 inhabitants or less, the order 
shall direct the obligor
to pay to the clerk, in addition to 
the maintenance payments, all fees
imposed by the county board 
under paragraph (3) of subsection (u) of
Section 27.1 of the 
Clerks of Courts Act.  Unless paid in cash or pursuant
to an 
order for withholding, the payment of the fee shall be by a 
separate
instrument from the support payment and shall be made 
to the order of
the Clerk.

(Source: P.A. 91-357, eff. 7-29-99.)