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1 | AN ACT concerning public aid.
| ||||||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||||
4 | Section 5. The Illinois Public Aid Code is amended by | ||||||||||||||||||||||||||||||||||
5 | changing Section 10-3.1 and adding Section 10-12.5 as follows:
| ||||||||||||||||||||||||||||||||||
6 | (305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
| ||||||||||||||||||||||||||||||||||
7 | Sec. 10-3.1. Child and Spouse Support Unit. The Illinois
| ||||||||||||||||||||||||||||||||||
8 | Department shall establish within its administrative staff a | ||||||||||||||||||||||||||||||||||
9 | Child and
Spouse Support Unit to search for and locate absent | ||||||||||||||||||||||||||||||||||
10 | parents and spouses
liable for the support of persons resident | ||||||||||||||||||||||||||||||||||
11 | in this State and to exercise
the support enforcement powers | ||||||||||||||||||||||||||||||||||
12 | and responsibilities assigned the
Department by this Article. | ||||||||||||||||||||||||||||||||||
13 | The unit shall cooperate with all law
enforcement officials in | ||||||||||||||||||||||||||||||||||
14 | this State and with the authorities of other
States in locating | ||||||||||||||||||||||||||||||||||
15 | persons responsible for the support of persons
resident in | ||||||||||||||||||||||||||||||||||
16 | other States and shall invite the cooperation of these
| ||||||||||||||||||||||||||||||||||
17 | authorities in the performance of its duties.
| ||||||||||||||||||||||||||||||||||
18 | In addition to other duties assigned the Child and Spouse | ||||||||||||||||||||||||||||||||||
19 | Support Unit
by this Article, the Unit may refer to the | ||||||||||||||||||||||||||||||||||
20 | Attorney General or units of
local government with the approval | ||||||||||||||||||||||||||||||||||
21 | of the Attorney General, any actions
under Sections 10-10 and | ||||||||||||||||||||||||||||||||||
22 | 10-15 for judicial enforcement of the support
liability. The | ||||||||||||||||||||||||||||||||||
23 | Child and Spouse Support Unit shall act for the Department
in |
| |||||||
| |||||||
1 | referring to the Attorney General support matters requiring | ||||||
2 | judicial
enforcement under other laws. If requested by the | ||||||
3 | Attorney General to so
act, as provided in Section 12-16, | ||||||
4 | attorneys of the Unit may assist the
Attorney General or | ||||||
5 | themselves
institute actions in behalf of the Illinois | ||||||
6 | Department
under the Revised Uniform Reciprocal Enforcement of | ||||||
7 | Support
Act; under the Illinois Parentage Act of
1984; under
| ||||||
8 | the Non-Support of Spouse and Children Act; under the | ||||||
9 | Non-Support Punishment
Act;
or under any other law, State or
| ||||||
10 | Federal, providing for support
of a spouse or dependent child.
| ||||||
11 | The Illinois Department shall also have the authority to | ||||||
12 | enter into
agreements with local governmental units or | ||||||
13 | individuals, with the approval
of the Attorney General, for the | ||||||
14 | collection of moneys owing
because of the failure of a
parent | ||||||
15 | to make child support payments for any child receiving services
| ||||||
16 | under this Article. Such agreements may be on a contingent
fee | ||||||
17 | basis, but such contingent fee shall not exceed 25% of the | ||||||
18 | total amount
collected.
| ||||||
19 | An attorney who provides representation pursuant to this | ||||||
20 | Section shall
represent the
Illinois Department exclusively. | ||||||
21 | Regardless of
the designation of the plaintiff in an action | ||||||
22 | brought pursuant to this Section,
an attorney-client | ||||||
23 | relationship does not exist for purposes of that
action between | ||||||
24 | that attorney
and (i) an applicant for or recipient of child | ||||||
25 | support
enforcement services or
(ii) any other party to the | ||||||
26 | action other than the Illinois Department. Nothing
in this |
| |||||||
| |||||||
1 | Section shall be construed to modify any power or duty | ||||||
2 | (including a
duty to maintain confidentiality) of the Child and | ||||||
3 | Spouse Support Unit or the
Illinois Department otherwise | ||||||
4 | provided by law.
| ||||||
5 | The Illinois Department may also enter into agreements with | ||||||
6 | local
governmental units for the Child and Spouse Support Unit | ||||||
7 | to exercise the
investigative and enforcement powers | ||||||
8 | designated in this Article,
including the issuance of | ||||||
9 | administrative orders under Section 10-11, in
locating | ||||||
10 | responsible relatives and obtaining support for persons
| ||||||
11 | applying for or receiving aid under Article VI.
Payments for
| ||||||
12 | defrayment of administrative costs and support payments | ||||||
13 | obtained shall
be deposited into the DHS Recoveries Trust Fund. | ||||||
14 | Support
payments shall be paid over to the General Assistance | ||||||
15 | Fund of the local
governmental unit at such time or times as | ||||||
16 | the agreement may specify.
| ||||||
17 | With respect to those cases in which it has support | ||||||
18 | enforcement powers
and responsibilities under this Article, | ||||||
19 | the Illinois Department may provide
by rule for periodic or | ||||||
20 | other review of each administrative and court order
for support | ||||||
21 | to determine whether a modification of the order should be
| ||||||
22 | sought. The Illinois Department shall provide for and conduct | ||||||
23 | such review
in accordance with any applicable federal law and | ||||||
24 | regulation. The Illinois Department's program for review and | ||||||
25 | modification of orders for support in cases in which support | ||||||
26 | enforcement services are being provided under this Article X |
| |||||||
| |||||||
1 | shall include, but not be limited to, cases in which a | ||||||
2 | responsible relative who is committed to the custody of the | ||||||
3 | Department of Corrections or the Department of Juvenile Justice | ||||||
4 | requests review and modification of the order for support. The | ||||||
5 | Illinois Department shall enter into cooperative agreements | ||||||
6 | with the Department of Corrections and the Department of | ||||||
7 | Juvenile Justice to facilitate receipt of such requests from | ||||||
8 | committed persons.
| ||||||
9 | As part of its process for review of orders for support, | ||||||
10 | the Illinois
Department, through written notice, may require | ||||||
11 | the responsible relative to
disclose his or her Social Security | ||||||
12 | Number and past and present information
concerning the | ||||||
13 | relative's address, employment, gross wages, deductions from
| ||||||
14 | gross wages, net wages, bonuses, commissions, number of | ||||||
15 | dependent exemptions
claimed, individual and dependent health | ||||||
16 | insurance coverage, and any other
information necessary to | ||||||
17 | determine the relative's ability to provide support in
a case | ||||||
18 | receiving child support enforcement services under
this | ||||||
19 | Article X.
| ||||||
20 | The Illinois Department may send a written request
for the | ||||||
21 | same information to the relative's employer. The employer shall
| ||||||
22 | respond to the request for information within 15 days after the | ||||||
23 | date the
employer receives the request. If the employer | ||||||
24 | willfully fails to fully
respond within the 15-day period, the | ||||||
25 | employer shall pay a penalty of $100 for
each day that the | ||||||
26 | response is not provided to the Illinois Department after the
|
| |||||||
| |||||||
1 | 15-day period has expired. The penalty may be collected in a | ||||||
2 | civil action
which may be brought against the employer in favor | ||||||
3 | of the Illinois Department.
| ||||||
4 | A written request for information sent to an employer | ||||||
5 | pursuant to this
Section shall consist of (i) a citation of | ||||||
6 | this Section as the statutory
authority for the request and for | ||||||
7 | the employer's obligation to provide the
requested | ||||||
8 | information, (ii) a returnable form setting forth the | ||||||
9 | employer's name
and address and listing the name of the | ||||||
10 | employee with respect to whom
information is requested, and | ||||||
11 | (iii) a citation of this Section as the statutory
authority | ||||||
12 | authorizing the employer to withhold a fee of up to $20 from | ||||||
13 | the
wages or income to be paid to each responsible relative for | ||||||
14 | providing the
information to the Illinois Department within the | ||||||
15 | 15-day period. If the
employer is
withholding support payments | ||||||
16 | from the responsible relative's income pursuant to
an order for | ||||||
17 | withholding, the employer may withhold the fee provided for in
| ||||||
18 | this Section only after withholding support as required under | ||||||
19 | the order. Any
amounts withheld from the responsible relative's | ||||||
20 | income for payment of support
and the fee provided for in this | ||||||
21 | Section shall not be in excess of the amounts
permitted under | ||||||
22 | the federal Consumer Credit Protection Act.
| ||||||
23 | In a case receiving child support enforcement services,
the | ||||||
24 | Illinois
Department may request and obtain information from a | ||||||
25 | particular employer under
this Section no more than once in any | ||||||
26 | 12-month period, unless the information
is necessary to conduct |
| |||||||
| |||||||
1 | a review of a court or
administrative order for support at the | ||||||
2 | request of the person receiving child support enforcement | ||||||
3 | services.
| ||||||
4 | The Illinois Department shall establish and maintain an | ||||||
5 | administrative unit
to receive and transmit to the Child and | ||||||
6 | Spouse Support Unit information
supplied by persons applying | ||||||
7 | for or receiving child support
enforcement services
under | ||||||
8 | Section 10-1. In addition, the Illinois Department shall | ||||||
9 | address and
respond to any alleged deficiencies that persons | ||||||
10 | receiving or applying for
services from the Child and Spouse | ||||||
11 | Support Unit may identify concerning the
Child and Spouse | ||||||
12 | Support Unit's provision of child support
enforcement | ||||||
13 | services.
Within 60 days after an action or failure to act by | ||||||
14 | the Child and Spouse
Support Unit that affects his or her case, | ||||||
15 | a recipient of or applicant for
child support enforcement | ||||||
16 | services under Article X of this
Code may request an
| ||||||
17 | explanation of the Unit's handling of the case. At the | ||||||
18 | requestor's option, the
explanation may be provided either | ||||||
19 | orally in an interview, in writing, or both.
If the Illinois | ||||||
20 | Department fails to respond to the request for an explanation
| ||||||
21 | or fails to respond in a manner satisfactory to the applicant | ||||||
22 | or recipient
within 30 days from the date of the request for an | ||||||
23 | explanation, the
applicant or recipient may request a | ||||||
24 | conference for further review of the
matter by the Office of | ||||||
25 | the Administrator of the Child and Spouse Support Unit.
A | ||||||
26 | request for a conference may be submitted at any time within 60 |
| |||||||
| |||||||
1 | days after
the explanation has been provided by the Child and | ||||||
2 | Spouse Support Unit or
within 60 days after the time for | ||||||
3 | providing the explanation has expired.
| ||||||
4 | The applicant or recipient may request a conference | ||||||
5 | concerning any decision
denying or terminating child support | ||||||
6 | enforcement services
under Article X of this Code, and the | ||||||
7 | applicant or recipient may also request a
conference concerning | ||||||
8 | the
Unit's failure to provide services or the provision of | ||||||
9 | services in an amount or
manner that is considered inadequate. | ||||||
10 | For purposes of this Section, the Child
and Spouse Support Unit | ||||||
11 | includes all local governmental units or individuals
with whom | ||||||
12 | the Illinois Department has contracted
under Section
10-3.1.
| ||||||
13 | Upon receipt of a timely request for a conference, the | ||||||
14 | Office of the
Administrator shall review the case. The | ||||||
15 | applicant or recipient requesting
the conference shall be | ||||||
16 | entitled, at his or her option, to appear in person or
to | ||||||
17 | participate in the conference by telephone. The applicant or | ||||||
18 | recipient
requesting the conference shall be entitled to be | ||||||
19 | represented and to be
afforded a reasonable opportunity to | ||||||
20 | review the Illinois Department's file
before or at the | ||||||
21 | conference. At the conference, the applicant or recipient
| ||||||
22 | requesting the conference shall be afforded an opportunity to | ||||||
23 | present all
relevant matters in support of his or her claim. | ||||||
24 | Conferences shall be without
cost to the applicant or recipient | ||||||
25 | requesting the conference and shall be
conducted by a | ||||||
26 | representative of the Child or Spouse Support Unit who did not
|
| |||||||
| |||||||
1 | participate in the action or inaction being reviewed.
| ||||||
2 | The Office of the Administrator shall conduct a conference | ||||||
3 | and inform all
interested parties, in
writing, of the results | ||||||
4 | of the conference within 60 days from the date of
filing of the | ||||||
5 | request for a conference.
| ||||||
6 | In addition to its other powers and responsibilities | ||||||
7 | established by this
Article, the Child and Spouse Support Unit | ||||||
8 | shall conduct an annual assessment
of each institution's | ||||||
9 | program for institution based paternity establishment
under | ||||||
10 | Section 12 of the Vital Records Act.
| ||||||
11 | (Source: P.A. 91-24, eff. 7-1-99; 91-613, eff. 10-1-99;
92-16, | ||||||
12 | eff. 6-28-01; 92-590, eff. 7-1-02.)
| ||||||
13 | (305 ILCS 5/10-12.5 new) | ||||||
14 | Sec. 10-12.5. Suspension of child support obligation | ||||||
15 | during period of incarceration. Unless otherwise agreed by the | ||||||
16 | parties in a written agreement
set forth in a court or | ||||||
17 | administrative order for support or unless otherwise approved | ||||||
18 | by a court, an obligation to pay child support is suspended by | ||||||
19 | operation of law during any period of time in which the person | ||||||
20 | owing a duty of support is committed to the custody of the | ||||||
21 | Department of Corrections or the Department of Juvenile | ||||||
22 | Justice.
| ||||||
23 | Section 10. The Unified Code of Corrections is amended by | ||||||
24 | changing Sections 5-3-1 and 5-3-2 and adding Section 3-6-9 as |
| |||||||
| |||||||
1 | follows: | ||||||
2 | (730 ILCS 5/3-6-9 new)
| ||||||
3 | Sec. 3-6-9. Assistance in requesting review and | ||||||
4 | modification of support orders. The Department shall develop | ||||||
5 | and establish a program to assist committed persons who are | ||||||
6 | obligors under support orders in cases in which child support | ||||||
7 | enforcement services are being provided by the Department of | ||||||
8 | Healthcare and Family Services under Article X of the Illinois | ||||||
9 | Public Aid Code in requesting review and modification of such | ||||||
10 | support orders as provided for under that Code. The Department | ||||||
11 | shall enter into a cooperative agreement with the Department of | ||||||
12 | Healthcare and Family Services to facilitate transmittal of | ||||||
13 | such requests from committed persons. | ||||||
14 | (730 ILCS 5/5-3-1) (from Ch. 38, par. 1005-3-1)
| ||||||
15 | Sec. 5-3-1. Presentence Investigation. A defendant shall | ||||||
16 | not
be sentenced for a felony before a written presentence | ||||||
17 | report
of investigation is presented to and considered by the | ||||||
18 | court.
A defendant who owes a child support obligation shall | ||||||
19 | not
be sentenced for a misdemeanor before a written presentence | ||||||
20 | report
of investigation is presented to and considered by the | ||||||
21 | court.
| ||||||
22 | However, other than for felony sex offenders being | ||||||
23 | considered for probation, the court need not order a | ||||||
24 | presentence report
of
investigation where both parties agree to |
| |||||||
| |||||||
1 | the imposition of
a specific sentence, provided there is a | ||||||
2 | finding made for the
record as to the defendant's history of | ||||||
3 | delinquency or criminality,
including any previous sentence to | ||||||
4 | a term of probation, periodic
imprisonment, conditional | ||||||
5 | discharge, or imprisonment.
| ||||||
6 | The court may order a presentence investigation of any | ||||||
7 | defendant.
| ||||||
8 | (Source: P.A. 93-616, eff. 1-1-04; 93-970, eff. 8-20-04.)
| ||||||
9 | (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
| ||||||
10 | Sec. 5-3-2. Presentence Report.
| ||||||
11 | (a) In felony cases, the presentence
report shall set | ||||||
12 | forth:
| ||||||
13 | (1) the defendant's history of delinquency or | ||||||
14 | criminality,
physical and mental history and condition, | ||||||
15 | family situation and
background, economic status, | ||||||
16 | education, occupation and personal habits;
| ||||||
17 | (1.5) information about any child support obligation | ||||||
18 | owed by the defendant and recommendations concerning the | ||||||
19 | payment of that obligation; this information shall also be | ||||||
20 | set forth in any presentence report prepared in connection | ||||||
21 | with a misdemeanor case involving a defendant who owes a | ||||||
22 | child support obligation; | ||||||
23 | (2) information about special resources within the | ||||||
24 | community
which might be available to assist the | ||||||
25 | defendant's rehabilitation,
including treatment centers, |
| |||||||
| |||||||
1 | residential facilities, vocational
training services, | ||||||
2 | correctional manpower programs, employment
opportunities, | ||||||
3 | special educational programs, alcohol and drug
abuse | ||||||
4 | programming, psychiatric and marriage counseling, and | ||||||
5 | other
programs and facilities which could aid the | ||||||
6 | defendant's successful
reintegration into society;
| ||||||
7 | (3) the effect the offense committed has had upon the | ||||||
8 | victim or
victims thereof, and any compensatory benefit | ||||||
9 | that various
sentencing alternatives would confer on such | ||||||
10 | victim or victims;
| ||||||
11 | (4) information concerning the defendant's status | ||||||
12 | since arrest,
including his record if released on his own | ||||||
13 | recognizance, or the
defendant's achievement record if | ||||||
14 | released on a conditional
pre-trial supervision program;
| ||||||
15 | (5) when appropriate, a plan, based upon the personal, | ||||||
16 | economic
and social adjustment needs of the defendant, | ||||||
17 | utilizing public and
private community resources as an | ||||||
18 | alternative to institutional
sentencing;
| ||||||
19 | (6) any other matters that the investigatory officer | ||||||
20 | deems
relevant or the court directs to be included; and
| ||||||
21 | (7) information concerning defendant's eligibility for | ||||||
22 | a sentence to a
county impact incarceration program under | ||||||
23 | Section 5-8-1.2 of this Code.
| ||||||
24 | (b) The investigation shall include a physical and mental
| ||||||
25 | examination of the defendant when so ordered by the court. If
| ||||||
26 | the court determines that such an examination should be made, |
| |||||||
| |||||||
1 | it
shall issue an order that the defendant submit to | ||||||
2 | examination at
such time and place as designated by the court | ||||||
3 | and that such
examination be conducted by a physician, | ||||||
4 | psychologist or
psychiatrist designated by the court. Such an | ||||||
5 | examination may
be conducted in a court clinic if so ordered by | ||||||
6 | the court. The
cost of such examination shall be paid by the | ||||||
7 | county in which
the trial is held.
| ||||||
8 | (b-5) In cases involving felony sex offenses in which the | ||||||
9 | offender is being considered for probation only or any felony | ||||||
10 | offense that is
sexually motivated as defined in the Sex | ||||||
11 | Offender Management Board Act in which the offender is being | ||||||
12 | considered for probation only, the
investigation shall include | ||||||
13 | a sex offender evaluation by an evaluator approved
by the Board | ||||||
14 | and conducted in conformance with the standards developed under
| ||||||
15 | the Sex Offender Management Board Act. In cases in which the | ||||||
16 | offender is being considered for any mandatory prison sentence, | ||||||
17 | the investigation shall not include a sex offender evaluation.
| ||||||
18 | (c) In misdemeanor, business offense or petty offense | ||||||
19 | cases, except as
specified in subsection (d) of this Section, | ||||||
20 | when a presentence report has
been ordered by the court, such | ||||||
21 | presentence report shall contain
information on the | ||||||
22 | defendant's history of delinquency or criminality and
shall | ||||||
23 | further contain only those matters listed in any of paragraphs | ||||||
24 | (1)
through (6) of subsection (a) or in subsection (b) of this | ||||||
25 | Section as are
specified by the court in its order for the | ||||||
26 | report.
|
| |||||||
| |||||||
1 | (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or | ||||||
2 | 12-30 of the Criminal
Code of 1961 or the Criminal Code of | ||||||
3 | 2012, the presentence report shall set forth
information about | ||||||
4 | alcohol, drug abuse, psychiatric, and marriage counseling
or | ||||||
5 | other treatment programs and facilities, information on the | ||||||
6 | defendant's
history of delinquency or criminality, and shall | ||||||
7 | contain those additional
matters listed in any of paragraphs | ||||||
8 | (1) through (6) of subsection (a) or in
subsection (b) of this | ||||||
9 | Section as are specified by the court.
| ||||||
10 | (e) Nothing in this Section shall cause the defendant to be
| ||||||
11 | held without bail or to have his bail revoked for the purpose
| ||||||
12 | of preparing the presentence report or making an examination.
| ||||||
13 | (Source: P.A. 96-322, eff. 1-1-10; 96-1551, Article 1, Section | ||||||
14 | 970, eff. 7-1-11; 96-1551, Article 2, Section 1065, eff. | ||||||
15 | 7-1-11; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| ||||||
16 | Section 15. The Illinois Marriage and Dissolution of | ||||||
17 | Marriage Act is amended by changing Section 510 as follows:
| ||||||
18 | (750 ILCS 5/510) (from Ch. 40, par. 510)
| ||||||
19 | Sec. 510. Modification and termination of provisions for
| ||||||
20 | maintenance, support, educational expenses, and property | ||||||
21 | disposition.
| ||||||
22 | (a) Except as otherwise provided in paragraph (f) of | ||||||
23 | Section 502 and
in subsection (b), clause (3) of Section 505.2, | ||||||
24 | the provisions of any
judgment respecting maintenance or |
| |||||||
| |||||||
1 | support may be modified only as to
installments accruing | ||||||
2 | subsequent to due notice by the moving party of the
filing of | ||||||
3 | the motion for modification. An order for child
support may be | ||||||
4 | modified as follows:
| ||||||
5 | (1) upon a showing of a substantial change in | ||||||
6 | circumstances; and
| ||||||
7 | (2) without the necessity of showing a substantial | ||||||
8 | change in
circumstances, as follows:
| ||||||
9 | (A) upon a showing of an inconsistency of at least | ||||||
10 | 20%, but no
less than $10 per month, between the amount | ||||||
11 | of the existing order and the
amount of child support | ||||||
12 | that results from application of the guidelines
| ||||||
13 | specified in Section 505 of this Act unless the | ||||||
14 | inconsistency is due to the
fact that the amount of the | ||||||
15 | existing order resulted from a deviation from the
| ||||||
16 | guideline amount and there has not been a change in the | ||||||
17 | circumstances that
resulted in that deviation; or
| ||||||
18 | (B) upon a showing of a need to provide for the | ||||||
19 | health care needs
of the child under the order through | ||||||
20 | health insurance or other means. In no
event shall the | ||||||
21 | eligibility for or receipt of medical assistance be | ||||||
22 | considered
to meet the need to provide for the child's | ||||||
23 | health care needs.
| ||||||
24 | The provisions of subparagraph (a)(2)(A) shall apply only
| ||||||
25 | in cases in which a party is receiving child support
| ||||||
26 | enforcement services from the Department of Healthcare and |
| |||||||
| |||||||
1 | Family Services under
Article X of the Illinois Public Aid | ||||||
2 | Code, and only when at least 36
months have elapsed since the | ||||||
3 | order for child support was entered or last
modified.
| ||||||
4 | (a-5) An order for maintenance may be modified or | ||||||
5 | terminated only upon a
showing of a substantial change in | ||||||
6 | circumstances. In all such proceedings, as
well as in | ||||||
7 | proceedings in which maintenance is being reviewed, the court | ||||||
8 | shall
consider the applicable factors set forth in subsection | ||||||
9 | (a) of Section 504 and
the following factors:
| ||||||
10 | (1) any change in the employment status of either party | ||||||
11 | and whether the
change has been made
in good faith;
| ||||||
12 | (2) the efforts, if any, made by the party receiving | ||||||
13 | maintenance to become
self-supporting, and
the | ||||||
14 | reasonableness of the efforts where they are appropriate;
| ||||||
15 | (3) any impairment of the present and future earning | ||||||
16 | capacity of either
party;
| ||||||
17 | (4) the tax consequences of the maintenance payments | ||||||
18 | upon the respective
economic
circumstances of the parties;
| ||||||
19 | (5) the duration of the maintenance payments | ||||||
20 | previously paid (and
remaining to be paid) relative
to the | ||||||
21 | length of the marriage;
| ||||||
22 | (6) the property, including retirement benefits, | ||||||
23 | awarded to each party
under the judgment of
dissolution of | ||||||
24 | marriage, judgment of legal separation, or judgment of
| ||||||
25 | declaration of invalidity of
marriage and the present | ||||||
26 | status of the property;
|
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| |||||||
1 | (7) the increase or decrease in each party's income | ||||||
2 | since the prior
judgment or order from which
a review, | ||||||
3 | modification, or termination is being sought;
| ||||||
4 | (8) the property acquired and currently owned by each | ||||||
5 | party after the
entry of the judgment of
dissolution of | ||||||
6 | marriage, judgment of legal separation, or judgment of
| ||||||
7 | declaration of invalidity of
marriage; and
| ||||||
8 | (9) any other factor that the court expressly finds to | ||||||
9 | be just and
equitable.
| ||||||
10 | (b) The provisions as to property disposition may not be | ||||||
11 | revoked or
modified,
unless the court finds the existence of | ||||||
12 | conditions that justify the
reopening of a judgment under the | ||||||
13 | laws of this State.
| ||||||
14 | (c) Unless otherwise agreed by the parties in a written | ||||||
15 | agreement
set forth in the judgment or otherwise approved by | ||||||
16 | the court, the obligation
to pay future maintenance is | ||||||
17 | terminated upon the death of either party, or
the remarriage of | ||||||
18 | the party receiving maintenance, or if the party
receiving | ||||||
19 | maintenance cohabits with another person on a resident,
| ||||||
20 | continuing conjugal basis. Any obligation of a payor party for | ||||||
21 | premium payments respecting insurance on such party's life | ||||||
22 | imposed under subsection (f) of Section 504 is also terminated | ||||||
23 | on the occurrence of any of the foregoing events, unless | ||||||
24 | otherwise agreed by the parties. Any termination of an | ||||||
25 | obligation for maintenance as a result of the death of the | ||||||
26 | payor party, however, shall be inapplicable to any right of the |
| |||||||
| |||||||
1 | other party or such other party's designee to receive a death | ||||||
2 | benefit under such insurance on the payor party's life.
| ||||||
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 | (d-5) Unless otherwise agreed by the parties in a written | ||||||
20 | agreement
set forth in the judgment or otherwise approved by | ||||||
21 | the court, an obligation to pay child support is suspended by | ||||||
22 | operation of law during any period of time in which the person | ||||||
23 | owing a duty of support is committed to the custody of the | ||||||
24 | Department of Corrections or the Department of Juvenile | ||||||
25 | Justice. | ||||||
26 | (e) The right to petition for support or educational |
| |||||||
| |||||||
1 | expenses, or both,
under Sections 505 and 513 is not | ||||||
2 | extinguished by the death of a parent.
Upon a petition filed | ||||||
3 | before or after a parent's death, the court may award
sums of | ||||||
4 | money out of the decedent's estate for the child's support or
| ||||||
5 | educational expenses, or both, as equity may require. The time | ||||||
6 | within
which a claim may be filed against the estate of a | ||||||
7 | decedent under Sections
505 and 513 and subsection (d) and this | ||||||
8 | subsection shall be governed by the
provisions of the Probate | ||||||
9 | Act of 1975, as a barrable, noncontingent claim.
| ||||||
10 | (f) A petition to modify or terminate child support, | ||||||
11 | custody, or
visitation shall not delay any child support | ||||||
12 | enforcement litigation or
supplementary proceeding on behalf | ||||||
13 | of the obligee, including, but not limited
to, a petition for a | ||||||
14 | rule to show cause, for non-wage garnishment, or for a
| ||||||
15 | restraining order.
| ||||||
16 | (Source: P.A. 97-608, eff. 1-1-12.)
|