093_SB0363enr

 
SB363 Enrolled                       LRB093 02154 LCB 10129 b

 1        AN ACT concerning family law.

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

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

 6        (750 ILCS 5/510) (from Ch. 40, par. 510)
 7        (Text of Section before amendment by P.A. 92-876)
 8        Sec. 510.  Modification and termination of provisions for
 9    maintenance,  support,  educational  expenses,  and  property
10    disposition.
11        (a)  Except as otherwise provided  in  paragraph  (f)  of
12    Section  502  and  in  subsection  (b), clause (3) of Section
13    505.2, the provisions of any judgment respecting  maintenance
14    or  support  may be modified only as to installments accruing
15    subsequent to due notice by the moving party of the filing of
16    the motion for modification and, with respect to maintenance,
17    only upon a showing of a substantial change in circumstances.
18    An order for child support may be modified as follows:
19             (1)  upon a  showing  of  a  substantial  change  in
20        circumstances; and
21             (2)  without  the necessity of showing a substantial
22        change in circumstances, as follows:
23                  (A)  upon a showing of an inconsistency  of  at
24             least  20%,  but no less than $10 per month, between
25             the amount of the existing order and the  amount  of
26             child  support  that results from application of the
27             guidelines specified in  Section  505  of  this  Act
28             unless the inconsistency is due to the fact that the
29             amount   of  the  existing  order  resulted  from  a
30             deviation from the guideline amount  and  there  has
31             not been a change in the circumstances that resulted
 
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 1             in that deviation; or
 2                  (B)  Upon  a  showing  of a need to provide for
 3             the health care needs of the child under  the  order
 4             through  health  insurance  or  other  means.  In no
 5             event  shall  the  eligibility  for  or  receipt  of
 6             medical assistance be considered to meet the need to
 7             provide for the child's health care needs.
 8        The provisions of subparagraph (a)(2)(A) shall apply only
 9    in  cases  in  which  a  party  is  receiving  child  support
10    enforcement services from the Illinois Department  of  Public
11    Aid under Article X of the Illinois Public Aid Code, and only
12    when  at  least  36  months  have elapsed since the order for
13    child support was entered or last modified.
14        (a-5)  An  order  for  maintenance  may  be  modified  or
15    terminated only upon a showing of  a  substantial  change  in
16    circumstances.   In  all  such  proceedings,  as  well  as in
17    proceedings in which maintenance is being reviewed, the court
18    shall consider the applicable factors set forth in subsection
19    (a) of Section 504 and the following factors:
20             (1)  any change in the employment status  of  either
21        party and whether the change has been made in good faith;
22             (2)  the   efforts,   if  any,  made  by  the  party
23        receiving maintenance to become self-supporting, and  the
24        reasonableness of the efforts where they are appropriate;
25             (3)  any   impairment  of  the  present  and  future
26        earning capacity of either party;
27             (4)  the  tax  consequences   of   the   maintenance
28        payments  upon  the  respective economic circumstances of
29        the parties;
30             (5)  the  duration  of  the   maintenance   payments
31        previously  paid  (and  remaining to be paid) relative to
32        the length of the marriage;
33             (6)  the property,  including  retirement  benefits,
34        awarded  to  each party under the judgment of dissolution
 
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 1        of marriage, judgment of legal separation, or judgment of
 2        declaration of invalidity of  marriage  and  the  present
 3        status of the property;
 4             (7)  the increase or decrease in each party's income
 5        since  the  prior  judgment or order from which a review,
 6        modification, or termination is being sought;
 7             (8)  the property acquired and  currently  owned  by
 8        each party after the entry of the judgment of dissolution
 9        of marriage, judgment of legal separation, or judgment of
10        declaration of invalidity of marriage; and
11             (9)  any other factor that the court expressly finds
12        to be just and equitable.
13        (b)  The provisions as to property disposition may not be
14    revoked  or modified, unless the court finds the existence of
15    conditions that justify the reopening of a judgment under the
16    laws of this State.
17        (c)  Unless otherwise agreed by the parties in a  written
18    agreement  set forth in the judgment or otherwise approved by
19    the court,  the  obligation  to  pay  future  maintenance  is
20    terminated  upon the death of either party, or the remarriage
21    of the party receiving maintenance, or if the party receiving
22    maintenance cohabits  with  another  person  on  a  resident,
23    continuing conjugal basis.
24        (d)  Unless  otherwise  agreed  in  writing  or expressly
25    provided in a judgment, provisions for the support of a child
26    are terminated  by  emancipation  of  the  child,  except  as
27    otherwise  provided  herein, but not by the death of a parent
28    obligated to  support  or  educate  the  child.  An  existing
29    obligation  to  pay  for  support or educational expenses, or
30    both, is not terminated by the death of  a  parent.   When  a
31    parent  obligated  to pay support or educational expenses, or
32    both, dies, the amount of support or educational expenses, or
33    both, may be enforced, modified, revoked  or  commuted  to  a
34    lump   sum   payment,   as   equity  may  require,  and  that
 
SB363 Enrolled              -4-      LRB093 02154 LCB 10129 b
 1    determination  may  be  provided  for  at  the  time  of  the
 2    dissolution of the marriage or thereafter.
 3        (e)  The right to petition  for  support  or  educational
 4    expenses,  or  both,  under  Sections  505  and  513  is  not
 5    extinguished  by the death of a parent. Upon a petition filed
 6    before or after a parent's death, the court may award sums of
 7    money out of the decedent's estate for the child's support or
 8    educational expenses, or both, as equity  may  require.   The
 9    time  within which a claim may be filed against the estate of
10    a decedent under Sections 505 and 513 and subsection (d)  and
11    this  subsection  shall  be governed by the provisions of the
12    Probate Act of 1975, as a barrable, noncontingent claim.
13        (f)  A petition to modify  or  terminate  child  support,
14    custody,  or  visitation  shall  not  delay any child support
15    enforcement litigation or supplementary proceeding on  behalf
16    of the obligee, including, but not limited to, a petition for
17    a  rule  to  show  cause,  for non-wage garnishment, or for a
18    restraining order.
19    (Source: P.A.  92-289,  eff.  8-9-01;  92-590,  eff.  7-1-02;
20    92-651, eff. 7-11-02.)

21        (Text of Section after amendment by P.A. 92-876)
22        Sec. 510.  Modification and termination of provisions for
23    maintenance,  support,  educational  expenses,  and  property
24    disposition.
25        (a)  Except  as  otherwise  provided  in paragraph (f) of
26    Section 502 and in subsection  (b),  clause  (3)  of  Section
27    505.2,  the provisions of any judgment respecting maintenance
28    or support may be modified only as to  installments  accruing
29    subsequent to due notice by the moving party of the filing of
30    the motion for modification and, with respect to maintenance,
31    only upon a showing of a substantial change in circumstances.
32    An order for child support may be modified as follows:
33             (1)  upon  a  showing  of  a  substantial  change in
34        circumstances; and
 
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 1             (2)  without the necessity of showing a  substantial
 2        change in circumstances, as follows:
 3                  (A)  upon  a  showing of an inconsistency of at
 4             least 20%, but no less than $10 per  month,  between
 5             the  amount  of the existing order and the amount of
 6             child support that results from application  of  the
 7             guidelines  specified  in  Section  505  of this Act
 8             unless the inconsistency is due to the fact that the
 9             amount  of  the  existing  order  resulted  from   a
10             deviation  from  the  guideline amount and there has
11             not been a change in the circumstances that resulted
12             in that deviation; or
13                  (B)  Upon a showing of a need  to  provide  for
14             the  health  care needs of the child under the order
15             through health insurance  or  other  means.   In  no
16             event  shall  the  eligibility  for  or  receipt  of
17             medical assistance be considered to meet the need to
18             provide for the child's 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 Illinois Department of Public
22    Aid under Article X of the Illinois Public Aid Code, and only
23    when at least 36 months have  elapsed  since  the  order  for
24    child support was entered or last modified.
25        (a-5)  An  order  for  maintenance  may  be  modified  or
26    terminated  only  upon  a  showing of a substantial change in
27    circumstances.  In  all  such  proceedings,  as  well  as  in
28    proceedings in which maintenance is being reviewed, the court
29    shall consider the applicable factors set forth in subsection
30    (a) of Section 504 and the following factors:
31             (1)  any  change  in the employment status of either
32        party and whether the change has been made in good faith;
33             (2)  the  efforts,  if  any,  made  by   the   party
34        receiving  maintenance to become self-supporting, and the
 
SB363 Enrolled              -6-      LRB093 02154 LCB 10129 b
 1        reasonableness of the efforts where they are appropriate;
 2             (3)  any  impairment  of  the  present  and   future
 3        earning capacity of either party;
 4             (4)  the   tax   consequences   of  the  maintenance
 5        payments upon the respective  economic  circumstances  of
 6        the parties;
 7             (5)  the   duration   of  the  maintenance  payments
 8        previously paid (and remaining to be  paid)  relative  to
 9        the length of the marriage;
10             (6)  the  property,  including  retirement benefits,
11        awarded to each party under the judgment  of  dissolution
12        of marriage, judgment of legal separation, or judgment of
13        declaration  of  invalidity  of  marriage and the present
14        status of the property;
15             (7)  the increase or decrease in each party's income
16        since the prior judgment or order from  which  a  review,
17        modification, or termination is being sought;
18             (8)  the  property  acquired  and currently owned by
19        each party after the entry of the judgment of dissolution
20        of marriage, judgment of legal separation, or judgment of
21        declaration of invalidity of marriage; and
22             (9)  any other factor that the court expressly finds
23        to be just and equitable.
24        (b)  The provisions as to property disposition may not be
25    revoked or modified, unless the court finds the existence  of
26    conditions that justify the reopening of a judgment under the
27    laws of this State.
28        (c)  Unless  otherwise agreed by the parties in a written
29    agreement set forth in the judgment or otherwise approved  by
30    the  court,  the  obligation  to  pay  future  maintenance is
31    terminated upon the death of either party, or the  remarriage
32    of the party receiving maintenance, or if the party receiving
33    maintenance  cohabits  with  another  person  on  a resident,
34    continuing conjugal basis.
 
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 1        (d)  Unless otherwise provided in this Act, or as  agreed
 2    in  writing or expressly provided in the judgment, provisions
 3    for the support of a child are terminated by emancipation  of
 4    the  child, or if the child has attained the age of 18 and is
 5    still attending high school, provisions for  the  support  of
 6    the  child  are  terminated  upon  the  date  that  the child
 7    graduates from high school or the date the child attains  the
 8    age  of  19,  whichever is earlier, but not by the death of a
 9    parent obligated to support or educate the child. An existing
10    obligation to pay for support  or  educational  expenses,  or
11    both,  is  not  terminated  by the death of a parent.  When a
12    parent obligated to pay support or educational  expenses,  or
13    both, dies, the amount of support or educational expenses, or
14    both,  may  be  enforced,  modified, revoked or commuted to a
15    lump  sum  payment,  as  equity   may   require,   and   that
16    determination  may  be  provided  for  at  the  time  of  the
17    dissolution of the marriage or thereafter.
18        (e)  The  right  to  petition  for support or educational
19    expenses,  or  both,  under  Sections  505  and  513  is  not
20    extinguished by the death of a parent. Upon a petition  filed
21    before or after a parent's death, the court may award sums of
22    money out of the decedent's estate for the child's support or
23    educational  expenses,  or  both, as equity may require.  The
24    time within which a claim may be filed against the estate  of
25    a  decedent under Sections 505 and 513 and subsection (d) and
26    this subsection shall be governed by the  provisions  of  the
27    Probate Act of 1975, as a barrable, noncontingent claim.
28        (f)  A  petition  to  modify  or terminate child support,
29    custody, or visitation shall  not  delay  any  child  support
30    enforcement  litigation or supplementary proceeding on behalf
31    of the obligee, including, but not limited to, a petition for
32    a rule to show cause, for  non-wage  garnishment,  or  for  a
33    restraining order.
34    (Source:  P.A.  92-289,  eff.  8-9-01;  92-590,  eff. 7-1-02;
 
SB363 Enrolled              -8-      LRB093 02154 LCB 10129 b
 1    92-651, eff. 7-11-02; 92-876, eff. 6-1-03; revised 1-14-03.)