Full Text of SB0069 100th General Assembly
SB0069eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Section 505 of the Illinois Marriage and | 5 | | Dissolution of Marriage Act was amended by Public Act 99-763, | 6 | | effective January 1, 2017, and Public Act 99-764, effective | 7 | | July 1, 2017. One of these Public Acts used a version of | 8 | | Section 505 that had not yet incorporated the changes made by | 9 | | Public Act 99-90, effective January 1, 2016. This bill | 10 | | incorporates the changes made to Section 505 by Public Acts | 11 | | 99-90, 99-763, and 99-764, and makes additional changes. | 12 | | Section 5. The Illinois Marriage and Dissolution of | 13 | | Marriage Act is amended by changing Sections 505 and 510 as | 14 | | follows:
| 15 | | (750 ILCS 5/505) (from Ch. 40, par. 505)
| 16 | | Sec. 505. Child support; contempt; penalties.
| 17 | | (a) In a proceeding for dissolution of marriage, legal | 18 | | separation,
declaration of invalidity of marriage, dissolution | 19 | | of a civil union, a proceeding for child support
following | 20 | | dissolution of the marriage or civil union by a court that | 21 | | lacked personal
jurisdiction over the absent spouse, a | 22 | | proceeding for modification of a
previous order for child |
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| 1 | | support under Section 510 of this Act, or any
proceeding | 2 | | authorized under Section 501 or 601 of this Act, the court may
| 3 | | order either or both parents owing a duty of support to a child | 4 | | of the
marriage or civil union to pay an amount reasonable and | 5 | | necessary for support. The duty of support owed to a child
| 6 | | includes the obligation to provide for the reasonable and | 7 | | necessary physical, mental and emotional health needs of the | 8 | | child.
For purposes of this Section, the term "child" shall | 9 | | include any child under
age 18 and
any child age 19 or younger | 10 | | who is still attending high school. For purposes of this | 11 | | Section, the term "obligor" "supporting parent" means the | 12 | | parent obligated to pay support to the other parent.
| 13 | | (1) Child support guidelines. The Illinois Department | 14 | | of Healthcare and Family Services shall adopt rules | 15 | | establishing child support guidelines which include | 16 | | worksheets to aid in the calculation of the child support | 17 | | obligations award and a schedule of basic child support | 18 | | obligations table that reflects the percentage of combined | 19 | | net income that parents living in the same household in | 20 | | this State ordinarily spend on their child children . The | 21 | | child support guidelines have the following purposes: | 22 | | (A) to establish as State policy an adequate | 23 | | standard of support for a child children , subject to | 24 | | the ability of parents to pay; | 25 | | (B) to make child support obligations awards more | 26 | | equitable by ensuring more consistent treatment of |
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| 1 | | parents persons in similar circumstances; | 2 | | (C) to improve the efficiency of the court process | 3 | | by promoting settlements and giving courts and the | 4 | | parties guidance in establishing levels of child | 5 | | support awards ; | 6 | | (D) to calculate child support based upon the | 7 | | parents' combined adjusted net income estimated to | 8 | | have been allocated for to the support of the child if | 9 | | the parents and child children were living in an intact | 10 | | household; | 11 | | (E) to adjust the child support based upon the | 12 | | needs of the child children ;
and | 13 | | (F) to allocate the amount of child support to be | 14 | | paid by each parent based upon a parent's net income | 15 | | the child support and the child's physical care | 16 | | arrangements. | 17 | | (1.5) Computation of basic child support obligation. | 18 | | The court shall compute the basic child support obligation | 19 | | by taking the following steps: | 20 | | (A) determine each parent's monthly net income; | 21 | | (B) add the parents' monthly net incomes together | 22 | | to determine the combined monthly net income of the | 23 | | parents; | 24 | | (C) select the corresponding appropriate amount | 25 | | from the schedule of basic child support obligations | 26 | | based on the parties' combined monthly net income and |
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| 1 | | number of children of the parties; and | 2 | | (D) calculate each parent's percentage share of | 3 | | the basic child support obligation. | 4 | | Although a monetary obligation is computed for each | 5 | | parent as child support, the receiving parent's share is | 6 | | not payable to the other parent and is presumed to be spent | 7 | | directly on the child. | 8 | | (2) Duty of support. The court shall determine award | 9 | | child support in each case by applying the child support | 10 | | guidelines unless the court makes a finding that | 11 | | application of the guidelines would be inappropriate, | 12 | | after considering the best interests interest of the child | 13 | | and in light of evidence which shows relevant factors | 14 | | including, but not limited to, one or more of the | 15 | | following: | 16 | | (A) the financial resources and needs of the child; | 17 | | (B) the financial resources and needs of the | 18 | | parents custodial parent ; | 19 | | (C) the standard of living the child would have | 20 | | enjoyed had the marriage or civil union not been | 21 | | dissolved; and | 22 | | (D) the physical and emotional condition of the | 23 | | child and his or her educational needs . ; and | 24 | | (E) the financial resources and needs of the | 25 | | noncustodial parent. | 26 | | (3) Income. |
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| 1 | | (A) As used in this Section, "gross income" means | 2 | | the total of all income from all sources, except "gross | 3 | | income" does not include (i) benefits received by the | 4 | | parent from means-tested public assistance programs, | 5 | | including, but not limited to, Temporary Assistance to | 6 | | Needy Families, Supplemental Security Income, and the | 7 | | Supplemental Nutrition Assistance Program or (ii) | 8 | | benefits and income received by the parent for other | 9 | | children in the household, including, but not limited | 10 | | to, child support, survivor benefits, and foster care | 11 | | payments. Social security disability and retirement | 12 | | benefits paid for the benefit of the subject child must | 13 | | be included in the disabled or retired parent's gross | 14 | | income for purposes of calculating the parent's child | 15 | | support obligation, but the parent is entitled to a | 16 | | child support credit for the amount of benefits paid to | 17 | | the other party parent for the child. "Gross income" | 18 | | also includes Spousal support or spousal maintenance | 19 | | received pursuant to a court order in the pending | 20 | | proceedings or any other proceedings that must be | 21 | | included in the recipient's gross income for purposes | 22 | | of calculating the parent's child support obligation. | 23 | | (B) As used in this Section, "net income" means | 24 | | gross income minus either the standardized tax amount | 25 | | calculated pursuant to subparagraph (C) of this | 26 | | paragraph (3) or the individualized tax amount |
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| 1 | | calculated pursuant to subparagraph (D) of this | 2 | | paragraph (3), and minus any adjustments pursuant to | 3 | | subparagraph (F) of this paragraph (3). The | 4 | | standardized tax amount shall be used unless the | 5 | | requirements for an individualized tax amount set | 6 | | forth in subparagraph (E) (F) of this paragraph (3) are | 7 | | met. | 8 | | (C) As used in this Section, "standardized tax | 9 | | amount" means the total of federal and state income | 10 | | taxes for a single person claiming the standard tax | 11 | | deduction, one personal exemption, and the applicable | 12 | | number of dependency exemptions for the minor child or | 13 | | children of the parties, and Social Security tax and | 14 | | Medicare Medicaid tax calculated at the Federal | 15 | | Insurance Contributions Act rate. | 16 | | (I) Unless a court has previously determined | 17 | | otherwise or the parties otherwise agree, the | 18 | | party with the majority of parenting time | 19 | | custodial parent shall be deemed entitled to claim | 20 | | the dependency exemption for the parties' minor | 21 | | child or children . | 22 | | (II) The Illinois Department of Healthcare and | 23 | | Family Services shall promulgate a standardized | 24 | | net income conversion table chart that computes | 25 | | net income by deducting the standardized tax | 26 | | amount from gross income. |
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| 1 | | (D) As used in this Section, "individualized tax | 2 | | amount" means the aggregate of the following taxes: | 3 | | (I) federal income tax (properly calculated | 4 | | withholding or estimated payments); | 5 | | (II) State income tax (properly calculated | 6 | | withholding or estimated payments); and | 7 | | (III) Social Security or self-employment tax, | 8 | | if applicable (or, if none, mandatory retirement | 9 | | contributions required by law or as a condition of | 10 | | employment) and Medicare tax calculated at the | 11 | | Federal Insurance Contributions Act rate. | 12 | | (E) In lieu of a standardized tax amount, a | 13 | | determination of an individualized tax amount may be | 14 | | made under items (I), (II), or (III) below. If an | 15 | | individualized tax amount determination is made under | 16 | | this subparagraph (E), all relevant tax attributes | 17 | | (including filing status, allocation of dependency | 18 | | exemptions, and whether a party is to claim the | 19 | | standard deduction or itemized deductions for federal | 20 | | income tax purposes) shall be as the parties agree or | 21 | | as the court determines. To determine a party's | 22 | | reported income, the court may order the party to | 23 | | complete an Internal Revenue Service Form 4506-T, | 24 | | Request for Tax Transcript. | 25 | | (I) Agreement. Irrespective of whether the | 26 | | parties agree on any other issue before the court, |
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| 1 | | if they jointly stipulate for the record their | 2 | | concurrence on a computation method for the | 3 | | individualized tax amount that is different from | 4 | | the method set forth under subparagraph (D), the | 5 | | stipulated method shall be used by the court unless | 6 | | the court rejects the proposed stipulated method | 7 | | for good cause. | 8 | | (II) Summary hearing. If the court determines | 9 | | child support in a summary hearing under Section | 10 | | 501 and an eligible party opts in to the | 11 | | individualized tax amount computation method under | 12 | | this item (II), the individualized tax amount | 13 | | shall be determined by the court on the basis of | 14 | | information contained in one or both parties' | 15 | | Supreme Court approved Financial Affidavit (Family & | 16 | | Divorce Cases) financial disclosure statement, | 17 | | financial affidavit, or similar instrument and | 18 | | relevant supporting documents under applicable | 19 | | court rules. No party, however, is eligible to opt | 20 | | in unless the party, under applicable court rules, | 21 | | has served the other party with the required | 22 | | Supreme Court approved Financial Affidavit (Family & | 23 | | Divorce Cases) and has substantially produced | 24 | | supporting documents required by the applicable | 25 | | court rules statement, affidavit, or other | 26 | | instrument and has also substantially turned over |
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| 1 | | supporting documents to the extent required by the | 2 | | applicable rule at the time of service of the | 3 | | statement, affidavit, or other instrument . | 4 | | (III) Evidentiary hearing. If the court | 5 | | determines child support in an evidentiary | 6 | | hearing, whether for purposes of a temporary order | 7 | | or at the conclusion of a proceeding, item (II) of | 8 | | this subparagraph (E) does not apply. In each such | 9 | | case (unless item (I) governs), the individualized | 10 | | tax amount shall be as determined by the court on | 11 | | the basis of the record established. | 12 | | (F) Adjustments to gross income. | 13 | | (I) Multi-family adjustment. If a parent also | 14 | | is also legally responsible for support of a child | 15 | | children not shared with the other parent and not | 16 | | subject to the present proceeding, there shall be | 17 | | an adjustment to net gross income as follows: | 18 | | (i) Multi-family adjustment with court | 19 | | order. The court shall deduct from the parent's | 20 | | net income the The amount of child support | 21 | | actually paid by the parent pursuant to a | 22 | | support order unless the court makes a finding | 23 | | that it would cause economic hardship to the | 24 | | child shall be deducted from the parent's gross | 25 | | income . | 26 | | (ii) Multi-family adjustment without court |
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| 1 | | order. Upon the request or application of a | 2 | | parent actually supporting a presumed, | 3 | | acknowledged, or adjudicated child living in | 4 | | or outside of that parent's household, there | 5 | | shall be an adjustment to child support. The | 6 | | court shall deduct from the parent's net income | 7 | | the The amount of financial support actually | 8 | | paid by the parent for the child children | 9 | | living in or outside of that parent's household | 10 | | or 75% of the support the parent should pay | 11 | | would pay under the child support guidelines | 12 | | (before this adjustment) , whichever is less, | 13 | | unless the court makes a finding that it would | 14 | | cause economic hardship to the child. The | 15 | | adjustment shall be calculated using that | 16 | | parent's income alone shall be deducted from | 17 | | that parent's gross income . | 18 | | (II) Spousal Maintenance adjustment. | 19 | | Obligations pursuant to a court order for spousal | 20 | | maintenance in the pending proceeding actually | 21 | | paid or payable under Section 504 to the same party | 22 | | to whom child support is to be payable or actually | 23 | | paid to a former spouse pursuant to a court order | 24 | | shall be deducted from the parent's gross income. | 25 | | (3.1) Business income.
For purposes of calculating | 26 | | child support, net business income from the operation of a |
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| 1 | | business means gross receipts minus ordinary and necessary | 2 | | expenses required to carry on the trade or business. As | 3 | | used in this paragraph, "business" includes, but is not | 4 | | limited to, sole proprietorships, closely held | 5 | | corporations, partnerships, other flow-through business | 6 | | entities, and self-employment. The court shall apply the | 7 | | following: | 8 | | (A) The accelerated component of depreciation and | 9 | | any business expenses determined either judicially or | 10 | | administratively to be inappropriate or excessive | 11 | | shall be excluded from the total of ordinary and | 12 | | necessary business expenses to be deducted in the | 13 | | determination of net business income from gross | 14 | | business income. | 15 | | (B) Any item of reimbursement or in-kind payment | 16 | | received by a parent from a the business, including, | 17 | | but not limited to, a company car, reimbursed meals, | 18 | | free housing , or a housing allowance, or reimbursed | 19 | | meals, shall be counted as income if not otherwise | 20 | | included in the recipient's gross income, if the item | 21 | | is significant in amount and reduces personal | 22 | | expenses. | 23 | | (3.2) Unemployment or underemployment.
If a parent is | 24 | | voluntarily unemployed or underemployed, child support | 25 | | shall be calculated based on a determination of potential | 26 | | income. A determination of potential income shall be made |
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| 1 | | by determining employment potential and probable earnings | 2 | | level based on the obligor's work history, occupational | 3 | | qualifications, prevailing job opportunities, the | 4 | | ownership by a parent of a substantial non-income producing | 5 | | asset, and earnings levels in the community. If there is | 6 | | insufficient work history to determine employment | 7 | | potential and probable earnings level, there shall be a | 8 | | rebuttable presumption that the parent's potential income | 9 | | is 75% of the most recent United States Department of | 10 | | Health and Human Services Federal Poverty Guidelines for a | 11 | | family of one person. | 12 | | (3.3) Rebuttable presumption in favor of guidelines | 13 | | Minimum orders .
There is a rebuttable presumption in any | 14 | | judicial or administrative proceeding for child support | 15 | | that the amount of the child support obligation that award | 16 | | which would result from the application of the child | 17 | | support guidelines is the correct amount of child support | 18 | | to be awarded . | 19 | | (3.3a) Minimum child support obligation. There is a | 20 | | rebuttable presumption that a minimum child support | 21 | | obligation of $40 per month, per child, will be entered for | 22 | | an obligor a payor parent who has actual or imputed gross | 23 | | income at or less than 75% of the most recent United States | 24 | | Department of Health and Human Services Federal Poverty | 25 | | Guidelines for a family of one person, with a maximum total | 26 | | child support obligation for that obligor payor of $120 per |
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| 1 | | month to be divided equally among all of the obligor's | 2 | | payor parent's children. | 3 | | (3.3b) Zero dollar child support order. For parents | 4 | | with no gross income, including those who receive only | 5 | | means-tested assistance , or who cannot work due to a | 6 | | medically proven disability, incarceration, or | 7 | | institutionalization, there is a rebuttable presumption | 8 | | that the $40 per month minimum support order is | 9 | | inapplicable inappropriate and a zero dollar order shall be | 10 | | entered. | 11 | | (3.4) Deviation factors.
In any action to establish or | 12 | | modify child support, whether pursuant to a temporary or | 13 | | final administrative or court order permanent , the child | 14 | | support guidelines shall be used as a rebuttable | 15 | | presumption for the establishment or modification of the | 16 | | amount of child support. The court may deviate from the | 17 | | child support guidelines if the application would be | 18 | | inequitable, unjust, or inappropriate. Any deviation from | 19 | | the guidelines shall be accompanied by written findings by | 20 | | the court specifying the reasons for the deviation and the | 21 | | presumed amount under the child support guidelines without | 22 | | a deviation. These reasons may include: | 23 | | (A) extraordinary medical expenditures necessary | 24 | | to preserve the life or health of a party or a child of | 25 | | either or both of the parties; | 26 | | (B) additional expenses incurred for a child |
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| 1 | | subject to the child support order who has special | 2 | | medical, physical, or developmental needs; and | 3 | | (C) any other factor the court determines should be | 4 | | applied upon a finding that the application of the | 5 | | child support guidelines would be inappropriate, after | 6 | | considering the best interest of the child. | 7 | | (3.5) Income in excess of the schedule of basic child | 8 | | support obligation table . A court may use its discretion to | 9 | | determine child support if the combined adjusted net gross | 10 | | income of the parties exceeds the highest level uppermost | 11 | | levels of the schedule of basic child support obligation | 12 | | obligations , except that the presumptive basic child | 13 | | support obligation shall not be less than it would be based | 14 | | on the highest level of combined net adjusted gross income | 15 | | set forth in the schedule of basic child support obligation | 16 | | obligations . | 17 | | (3.6) Extracurricular activities and school expenses.
| 18 | | The court, in its discretion, in addition to the basic | 19 | | child support obligation, may order either or both parents | 20 | | owing a duty of support to the child to contribute to the | 21 | | reasonable school and extracurricular activity expenses | 22 | | incurred which are intended to enhance the educational, | 23 | | athletic, social, or cultural development of the child. | 24 | | (3.7) Child care expenses.
The court, in its | 25 | | discretion, in addition to the basic child support | 26 | | obligation, may order either or both parents owing a duty |
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| 1 | | of support to the child to contribute to the reasonable | 2 | | child care expenses of the child. The child care expenses | 3 | | shall be made payable directly to a party or directly to | 4 | | the child care provider at the time of child care services. | 5 | | (A) "Child As used in this paragraph (3.7), "child | 6 | | care expenses" means actual annualized monthly child | 7 | | care expenses reasonably necessary to enable a parent | 8 | | or non-parent custodian to be employed, to attend | 9 | | educational or vocational education and training | 10 | | programs to improve employment opportunities, or to | 11 | | search for employment. "Child care expenses" also | 12 | | activities, or job search, and includes after-school | 13 | | care and all work-related child care expenses incurred | 14 | | while receiving education or training to improve | 15 | | employment opportunities. "Child care expenses" | 16 | | includes deposits for the retention of securing | 17 | | placement in a child care program, the cost of before | 18 | | and after school care, and programs. "Child care | 19 | | expenses" may include camps when school is not in | 20 | | session. A Parties may agree on additional day camps. | 21 | | Child care expenses due to a child's special needs | 22 | | shall be a consideration in determining reasonable | 23 | | child care expenses for a child with special needs . | 24 | | (B) Child care expenses shall be calculated as set | 25 | | forth in this paragraph. Child care expenses shall be | 26 | | prorated in proportion to each parent's percentage |
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| 1 | | share of combined parental net income, and may be added | 2 | | to the basic child support obligation if not paid | 3 | | directly by each parent to the provider of child care | 4 | | services . The obligor's and obligee's portion of | 5 | | actual child care expenses shall appear in the support | 6 | | order. If allowed, the value of the federal income tax | 7 | | credit for child care shall be subtracted from the | 8 | | actual cost to determine the net child care costs. The | 9 | | obligee's share of child care expenses shall be paid by | 10 | | the obligee directly to the child care provider. | 11 | | (C) The amount of child care expenses shall be | 12 | | adequate to obtain reasonable and necessary child | 13 | | care. The family's actual child care expenses shall be | 14 | | used to calculate the child care expenses expense | 15 | | contributions , if available. When actual child care | 16 | | expenses vary, the actual child care expenses may shall | 17 | | be averaged over the most recent 12-month period. When | 18 | | a the parent is temporarily unemployed or temporarily | 19 | | not attending educational or vocational training | 20 | | programs, future school, then child care expenses | 21 | | shall be based upon prospective expenses to be incurred | 22 | | upon return to employment or educational or vocational | 23 | | training programs . | 24 | | (D) An order for child care expenses may be | 25 | | modified upon a showing of a substantial change in | 26 | | circumstances. The party Persons incurring child care |
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| 1 | | expenses shall notify the other party obligor within 14 | 2 | | days of any change in the amount of child care expenses | 3 | | that would affect the annualized child care amount as | 4 | | determined in the support order. | 5 | | (3.8) Shared physical care parenting . If each parent | 6 | | exercises 146 or more overnights per year with the child, | 7 | | the basic child support obligation is multiplied by 1.5 to | 8 | | calculate the shared care child support obligation. The | 9 | | court shall determine each parent's share of the shared | 10 | | care child support obligation based on the parent's | 11 | | percentage share of combined net income. The child support | 12 | | obligation is then computed for each parent by multiplying | 13 | | that parent's portion of the shared care support obligation | 14 | | by the percentage of time the child spends with the other | 15 | | parent. The respective child support obligations are then | 16 | | offset, with the parent owing more child support paying the | 17 | | difference between the child support 2 amounts. The | 18 | | Illinois Child support for cases with shared physical care | 19 | | are calculated using a child support worksheet promulgated | 20 | | by the Department of Healthcare and Family Services shall | 21 | | promulgate a worksheet to calculate child support in cases | 22 | | in which the parents have shared physical care and use the | 23 | | standardized tax amount to determine net income . An | 24 | | adjustment for shared physical care is made only when each | 25 | | parent has the child for 146 or more overnights per year. | 26 | | (3.9) Split physical care. When
Split care refers to a |
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| 1 | | situation in which there is more than one child and each | 2 | | parent has physical care of at least one but not all of the | 3 | | children . In a split care situation , the support is | 4 | | calculated by using 2 child support worksheets to determine | 5 | | the support each parent owes the other. The resulting | 6 | | obligations are then offset, with one parent owing the | 7 | | other the difference as a child support order. The support | 8 | | shall be calculated as follows: | 9 | | (A) compute the support the first parent would owe | 10 | | to other parent as if the child in his or her care was | 11 | | the only child of the parties; then | 12 | | (B) compute the support the other parent would owe | 13 | | to the first parent as if the child in his or her care | 14 | | were the only child of the parties; then | 15 | | (C) subtract the lesser support obligation from | 16 | | the greater. | 17 | | The parent who owes the greater obligation shall be | 18 | | ordered to pay the difference in support to the other | 19 | | parent, unless the court determines, pursuant to other | 20 | | provisions of this Section, that it should deviate from the | 21 | | guidelines. | 22 | | (4) Health care. | 23 | | (A) A portion of the basic child support obligation | 24 | | is intended to cover basic ordinary out-of-pocket | 25 | | medical expenses. The court, in its discretion, in | 26 | | addition to the basic child support obligation, shall |
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| 1 | | also provide for the child's current and future medical | 2 | | needs by ordering either or both parents to initiate | 3 | | health insurance or medical coverage for the child | 4 | | through currently effective health or medical | 5 | | insurance policies held by the parent or parents, | 6 | | purchase one or more either or all of health , or | 7 | | medical, dental, or vision insurance policies for the | 8 | | child, or provide for the child's current and future | 9 | | medical needs through some other manner. | 10 | | (B) The court, in its discretion, may also order | 11 | | either or both parents to contribute to the reasonable | 12 | | health care needs of the child not covered by | 13 | | insurance, including, but not limited to, unreimbursed | 14 | | medical, dental, orthodontic, or vision expenses and | 15 | | any prescription medication for the child not covered | 16 | | under the child's health or medical insurance. | 17 | | (C) If neither parent has access to appropriate | 18 | | private health insurance care coverage, the court may | 19 | | order: | 20 | | (I) one or both parents to provide health | 21 | | insurance care coverage at any time it becomes | 22 | | available at a reasonable cost; or | 23 | | (II) the parent or non-parent custodian with | 24 | | primary physical responsibility for the child to | 25 | | apply for public health insurance care coverage | 26 | | for the child and require either or both parents |
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| 1 | | the other parent to pay a reasonable amount of the | 2 | | cost of health insurance for the child for medical | 3 | | support . | 4 | | The If cash medical support is ordered, the order | 5 | | may also provide that any time private health insurance | 6 | | care coverage is available at a reasonable cost to that | 7 | | party it will be provided instead of cash medical | 8 | | support. As used in this Section, "cash medical | 9 | | support" means an amount ordered to be paid toward the | 10 | | cost of health insurance provided by a public entity or | 11 | | by another person through employment or otherwise or | 12 | | for other medical costs not covered by insurance. | 13 | | (D) The amount to be added to the basic child | 14 | | support obligation shall be the actual amount of the | 15 | | total health insurance premium that is attributable to | 16 | | the child who is the subject of the order. If this | 17 | | amount is not available or cannot be verified, the | 18 | | total cost of the health insurance premium shall be | 19 | | divided by the total number of persons covered by the | 20 | | policy. The cost per person derived from this | 21 | | calculation shall be multiplied by the number of | 22 | | children who are the subject of the order and who are | 23 | | covered under the health insurance policy. This amount | 24 | | shall be added to the basic child support obligation | 25 | | and shall be allocated divided between the parents in | 26 | | proportion to their respective net adjusted gross |
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| 1 | | incomes. | 2 | | (E) After the health insurance premium for the | 3 | | child is added to the basic child support obligation | 4 | | and allocated divided between the parents in | 5 | | proportion to their respective incomes for child | 6 | | support purposes, if the obligor is paying the premium, | 7 | | the amount calculated for the obligee's share of the | 8 | | health insurance premium for the child shall be | 9 | | deducted from the obligor's share of the total child | 10 | | support obligation. If the obligee is paying for | 11 | | private health insurance for the child, the child | 12 | | support obligation shall be increased by the obligor's | 13 | | share of the premium payment. The obligor's and | 14 | | obligee's portion of health insurance costs shall | 15 | | appear in the support order the premium, no further | 16 | | adjustment is necessary . | 17 | | (F) Prior to allowing the health insurance | 18 | | adjustment, the parent requesting the adjustment must | 19 | | submit proof that the child has been enrolled in a | 20 | | health insurance plan and must submit proof of the cost | 21 | | of the premium. The court shall require the parent | 22 | | receiving the adjustment to annually submit proof of | 23 | | continued coverage of the child to the child support | 24 | | enforcement unit and to the other parent , or as | 25 | | designated by the court . | 26 | | (G) A reasonable cost for providing health |
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| 1 | | insurance care coverage for the child or children may | 2 | | not exceed 5% of the providing parent's gross income. | 3 | | Parents with a net income below 133% of the most recent | 4 | | United States Department of Health and Human Services | 5 | | Federal Poverty Guidelines or whose child is covered by | 6 | | Medicaid based on that parent's income may not be | 7 | | ordered to contribute toward or provide private | 8 | | coverage, unless private coverage is obtainable | 9 | | without any financial contribution by that parent. | 10 | | (H) If dental or vision insurance is included as | 11 | | part of the employer's medical plan, the coverage shall | 12 | | be maintained for the child. If not included in the | 13 | | employer's medical plan, adding the dental or vision | 14 | | insurance for the child is at the discretion of the | 15 | | court. | 16 | | (I) If a parent has been directed to provide health | 17 | | insurance pursuant to this paragraph and that parent's | 18 | | spouse or legally recognized partner provides the | 19 | | insurance for the benefit of the child either directly | 20 | | or through employment, a credit on the child support | 21 | | worksheet shall be given to that parent in the same | 22 | | manner as if the premium were paid by that parent. | 23 | | parents and . including, but not limited to, student | 24 | | loans
| 25 | | (4.5) In a proceeding for child support following | 26 | | dissolution of the
marriage or civil union by a court that |
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| 1 | | lacked personal jurisdiction over the absent spouse,
and in | 2 | | which the court is requiring payment of support for the | 3 | | period before
the date an order for current support is | 4 | | entered, there is a rebuttable
presumption
that the | 5 | | obligor's supporting party's net income for the prior | 6 | | period was the same as his
or her net income at the time | 7 | | the order for current support is entered.
| 8 | | (5) If the net income cannot be determined because of | 9 | | default or any
other reason, the court shall order support | 10 | | in an amount considered
reasonable in the particular case. | 11 | | The final order in all cases shall
state the support level | 12 | | in dollar amounts.
However, if the
court finds that the | 13 | | child support amount cannot be expressed exclusively as a
| 14 | | dollar amount because all or a portion of the obligor's | 15 | | supporting parent's net income is uncertain
as to source, | 16 | | time of payment, or amount, the court may order a | 17 | | percentage
amount of support in addition to a specific | 18 | | dollar amount and enter
such other orders as may be | 19 | | necessary to determine and enforce, on a timely
basis, the | 20 | | applicable support ordered.
| 21 | | (6) If (i) the obligor supporting parent was properly | 22 | | served with a request
for
discovery of financial | 23 | | information relating to the obligor's supporting parent's
| 24 | | ability to
provide child support, (ii) the obligor | 25 | | supporting parent failed to comply with the
request,
| 26 | | despite having been ordered to do so by the court, and |
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| 1 | | (iii) the obligor supporting
parent is not present at the | 2 | | hearing to determine support despite having
received
| 3 | | proper notice, then any relevant financial information | 4 | | concerning the obligor's
supporting parent's ability to | 5 | | provide child support that was obtained
pursuant to
| 6 | | subpoena and proper notice shall be admitted into evidence | 7 | | without the need to
establish any further foundation for | 8 | | its admission.
| 9 | | (a-5) In an action to enforce an order for child support | 10 | | based on the obligor's
failure
of the supporting parent to make | 11 | | support payments as required by the order, notice of | 12 | | proceedings to
hold the obligor supporting parent in contempt | 13 | | for that failure may be served on the obligor
supporting parent | 14 | | by personal service or by regular mail addressed to the last | 15 | | known address of the obligor supporting parent . The last known | 16 | | address of the obligor supporting parent may be determined from
| 17 | | records of the clerk of the court, from the Federal Case | 18 | | Registry of Child
Support Orders, or by any other reasonable | 19 | | 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;
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| 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 receiving the support or to the | 12 | | non-parent custodian having custody guardian receiving the | 13 | | support
of the child children of the sentenced parent for the | 14 | | support of the child said
children until further order of the | 15 | | court.
| 16 | | If a parent who is found guilty of contempt for failure to | 17 | | comply with an order to pay support is a person who conducts a | 18 | | business or who is self-employed, the court in addition to | 19 | | other penalties provided by law may order that the parent do | 20 | | one or more of the following: (i) provide to the court monthly | 21 | | financial statements showing income and expenses from the | 22 | | business or the self-employment; (ii) seek employment and | 23 | | report periodically to the court with a diary, listing, or | 24 | | other memorandum of his or her employment search efforts; or | 25 | | (iii) report to the Department of Employment Security for job | 26 | | search services to find employment that will be subject to |
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| 1 | | withholding for child support. | 2 | | If there is a unity of interest and ownership sufficient to | 3 | | render no
financial separation between an obligor a supporting | 4 | | parent and another person or
persons or business entity, the | 5 | | court may pierce the ownership veil of the
person, persons, or | 6 | | business entity to discover assets of the obligor supporting
| 7 | | parent held in the name of that person, those persons, or that | 8 | | business entity.
The following circumstances are sufficient to | 9 | | authorize a court to order
discovery of the assets of a person, | 10 | | persons, or business entity and to compel
the application of | 11 | | any discovered assets toward payment on the judgment for
| 12 | | support:
| 13 | | (1) the obligor supporting parent and the person, | 14 | | persons, or business entity
maintain records together.
| 15 | | (2) the obligor supporting parent and the person, | 16 | | persons, or business entity
fail to maintain an arm's | 17 | | length relationship between themselves with regard to
any | 18 | | assets.
| 19 | | (3) the obligor supporting parent transfers assets to | 20 | | the person, persons,
or business entity with the intent to | 21 | | perpetrate a fraud on the obligee parent receiving the | 22 | | support .
| 23 | | With respect to assets which
are real property, no order | 24 | | entered under this paragraph shall affect the
rights of bona | 25 | | fide purchasers, mortgagees, judgment creditors, or other lien
| 26 | | holders who acquire their interests in the property prior to |
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| 1 | | the time a notice
of lis pendens pursuant to the Code of Civil | 2 | | Procedure or a copy of the order
is placed of record in the | 3 | | office of the recorder of deeds for the county in
which the | 4 | | real property is located.
| 5 | | The court may also order in cases where the parent is 90 | 6 | | days or more
delinquent in payment of support or has been | 7 | | adjudicated in arrears in an
amount equal to 90 days obligation | 8 | | or more, that the parent's Illinois driving
privileges be | 9 | | suspended until the court
determines that the parent is in | 10 | | compliance with the order of support.
The court may also order | 11 | | that the parent be issued a family financial
responsibility | 12 | | driving permit that would allow limited driving privileges for
| 13 | | employment and medical purposes in accordance with Section | 14 | | 7-702.1 of the
Illinois Vehicle Code. The Clerk of the Circuit | 15 | | Court shall certify the order
suspending the driving privileges | 16 | | of the parent or granting the issuance of a
family financial | 17 | | responsibility driving permit to the Secretary of State on
| 18 | | forms prescribed by the Secretary of State . Upon receipt of the | 19 | | authenticated
documents, the Secretary of State shall suspend | 20 | | the parent's driving privileges
until further order of the | 21 | | court and shall, if ordered by the court, subject to
the | 22 | | provisions of Section 7-702.1 of the Illinois Vehicle Code, | 23 | | issue a family
financial responsibility driving permit to the | 24 | | parent.
| 25 | | In addition to the penalties or punishment that may be | 26 | | imposed under this
Section, any person whose conduct |
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| 1 | | constitutes a violation of Section 15 of the
Non-Support | 2 | | Punishment Act may be prosecuted under that Act, and a person
| 3 | | convicted under that Act may be sentenced in accordance with | 4 | | that Act. The
sentence may include but need not be limited to a | 5 | | requirement that the person
perform community service under | 6 | | Section 50 of that Act or participate in a work
alternative | 7 | | program under Section 50 of that Act. A person may not be | 8 | | required
to participate in a work alternative program under | 9 | | Section 50 of that Act if
the person is currently participating | 10 | | in a work program pursuant to Section
505.1 of this Act.
| 11 | | A support obligation, or any portion of a support | 12 | | obligation, which becomes
due and remains unpaid as of the end | 13 | | of each month, excluding the child support that was due for | 14 | | that month to the extent that it was not paid in that month, | 15 | | shall accrue simple interest as set forth in Section 12-109 of | 16 | | the Code of Civil Procedure.
An order for support entered or | 17 | | modified on or after January 1, 2006 shall
contain a statement | 18 | | that a support obligation required under the order, or any
| 19 | | portion of a support obligation required under the order, that | 20 | | becomes due and
remains unpaid as of the end of each month, | 21 | | excluding the child support that was due for that month to the | 22 | | extent that it was not paid in that month, shall accrue simple | 23 | | interest as set forth in Section 12-109 of the Code of Civil | 24 | | Procedure. Failure to include the statement in the order for | 25 | | support does
not affect the validity of the order or the | 26 | | accrual of interest as provided in
this Section.
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| 1 | | (c) A one-time charge of 20% is imposable upon the amount | 2 | | of
past-due child support owed on July 1, 1988 which has | 3 | | accrued under a
support order entered by the court. The charge | 4 | | shall be imposed in
accordance with the provisions of Section | 5 | | 10-21 of the Illinois Public Aid
Code and shall be enforced by | 6 | | the court upon petition.
| 7 | | (d) Any new or existing support order entered by the court
| 8 | | under this Section shall be deemed to be a series of judgments | 9 | | against the
person obligated to pay support thereunder, each | 10 | | such judgment to be in the
amount of each payment or | 11 | | installment of support and each such judgment to
be deemed | 12 | | entered as of the date the corresponding payment or installment
| 13 | | becomes due under the terms of the support order. Each such | 14 | | judgment shall
have the full force, effect and attributes of | 15 | | any other judgment of this
State, including the ability to be | 16 | | enforced.
Notwithstanding any other State or local law to the | 17 | | contrary, a lien arises by operation of law against the real | 18 | | and personal property of
the obligor supporting parent for each | 19 | | installment of overdue support owed by the obligor
supporting | 20 | | parent .
| 21 | | (e) When child support is to be paid through the Clerk of | 22 | | the Court in a
county of 1,000,000 inhabitants or less, the | 23 | | order shall direct the obligor supporting
parent to pay to the | 24 | | Clerk, in addition to the child support payments, all fees
| 25 | | imposed by the county board under paragraph (3) of subsection | 26 | | (u) of
Section 27.1 of the Clerks of Courts Act. Unless paid in |
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| 1 | | cash or pursuant to
an Income Withholding Order/Notice for | 2 | | Support order for withholding , the payment of the fee shall be | 3 | | by payment acceptable to the clerk a separate
instrument from | 4 | | the support payment and shall be made to the order of the
| 5 | | Clerk.
| 6 | | (f) All orders for support, when entered or
modified, shall | 7 | | include a provision requiring the obligor supporting parent to | 8 | | notify
the court and, in cases in which a party is receiving | 9 | | child and spouse
services under Article X of the Illinois | 10 | | Public Aid Code, the
Department of Healthcare and Family | 11 | | Services, within 7 days, (i) of the name and address
of any new | 12 | | employer of the obligor, (ii) whether the obligor supporting | 13 | | parent has access to
health insurance coverage through the | 14 | | employer or other group coverage and,
if so, the policy name | 15 | | and number and the names of persons covered under
the policy, | 16 | | except only the initials of any covered minors shall be | 17 | | included, and (iii) of any new residential or mailing address | 18 | | or telephone
number of the obligor supporting parent . In any | 19 | | subsequent action to enforce a
support order, upon a sufficient | 20 | | showing that a diligent effort has been made
to ascertain the | 21 | | location of the obligor supporting parent , service of process | 22 | | or
provision of notice necessary in the case may be made at the | 23 | | last known
address of the obligor supporting parent in any | 24 | | manner expressly provided by the
Code of Civil Procedure or | 25 | | this Act, which service shall be sufficient for
purposes of due | 26 | | process.
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| 1 | | (g) An order for support shall include a date on which the | 2 | | current
support obligation terminates. The termination date | 3 | | shall be no earlier than
the date on which the child covered by | 4 | | the order will attain the age of
18. However, if the child will | 5 | | not graduate from high school until after
attaining the age of | 6 | | 18, then the termination date shall be no earlier than the
| 7 | | earlier of the date on which the child's high school graduation | 8 | | will occur or
the date on which the child will attain the age | 9 | | of 19. The order for support
shall state that the termination | 10 | | date does not apply to any arrearage that may
remain unpaid on | 11 | | that date. Nothing in this subsection shall be construed to
| 12 | | prevent the court from modifying the order or terminating the | 13 | | order in the
event the child is otherwise emancipated.
| 14 | | (g-5) If there is an unpaid arrearage or delinquency (as | 15 | | those terms are defined in the Income Withholding for Support | 16 | | Act) equal to at least one month's support obligation on the | 17 | | termination date stated in the order for support or, if there | 18 | | is no termination date stated in the order, on the date the | 19 | | child attains the age of majority or is otherwise emancipated, | 20 | | the periodic amount required to be paid for current support of | 21 | | that child immediately prior to that date shall automatically | 22 | | continue to be an obligation, not as current support but as | 23 | | periodic payment toward satisfaction of the unpaid arrearage or | 24 | | delinquency. That periodic payment shall be in addition to any | 25 | | periodic payment previously required for satisfaction of the | 26 | | arrearage or delinquency. The total periodic amount to be paid |
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| 1 | | toward satisfaction of the arrearage or delinquency may be | 2 | | enforced and collected by any method provided by law for | 3 | | enforcement and collection of child support, including but not | 4 | | limited to income withholding under the Income Withholding for | 5 | | Support Act. Each order for support entered or modified on or | 6 | | after the effective date of this amendatory Act of the 93rd | 7 | | General Assembly must contain a statement notifying the parties | 8 | | of the requirements of this subsection. Failure to include the | 9 | | statement in the order for support does not affect the validity | 10 | | of the order or the operation of the provisions of this | 11 | | subsection with regard to the order. This subsection shall not | 12 | | be construed to prevent or affect the establishment or | 13 | | modification of an order for support of a minor child or the | 14 | | establishment or modification of an order for support of a | 15 | | non-minor child or educational expenses under Section 513 of | 16 | | this Act.
| 17 | | (h) An order entered under this Section shall include a | 18 | | provision requiring
either parent to report to the other parent | 19 | | and to the Clerk of Court clerk of court within 10 days each | 20 | | time either parent obtains new employment, and each time either | 21 | | parent's
employment is terminated for any reason Clerk of | 22 | | Court . The report shall be in writing and
shall, in the case of | 23 | | new employment, include the name and address of the new
| 24 | | employer. Failure to report new employment or the termination | 25 | | of current
employment, if coupled with nonpayment of support | 26 | | for a period in excess of 60
days, is indirect criminal |
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| 1 | | contempt. For either parent arrested for failure to report new | 2 | | employment bond shall be set in the amount of the child support | 3 | | that should have been paid during the period of unreported | 4 | | employment. An order entered under this Section shall also | 5 | | include a provision requiring either obligor
and obligee parent | 6 | | to advise the other of a change in residence within 5 days
of | 7 | | the change except when the court finds that the physical, | 8 | | mental, or
emotional health of a party or that of a child, or | 9 | | both, would be
seriously endangered by disclosure of the | 10 | | party's address.
| 11 | | (i) The court does not lose the powers of contempt, | 12 | | driver's license
suspension, or other child support | 13 | | enforcement mechanisms, including, but
not limited to, | 14 | | criminal prosecution as set forth in this Act, upon the
| 15 | | emancipation of the minor child or children .
| 16 | | (Source: P.A. 98-463, eff. 8-16-13; 98-961, eff. 1-1-15; 99-90, | 17 | | eff. 1-1-16; 99-763, eff. 1-1-17; 99-764, eff. 7-1-17.)
| 18 | | (750 ILCS 5/510) (from Ch. 40, par. 510)
| 19 | | (Text of Section before amendment by P.A. 99-764 ) | 20 | | Sec. 510. Modification and termination of provisions for
| 21 | | maintenance, support, educational expenses, and property | 22 | | disposition. | 23 | | (a) Except as otherwise provided in paragraph (f) of | 24 | | Section 502 and
in subsection (b), clause (3) of Section 505.2, | 25 | | the provisions of any
judgment respecting maintenance or |
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| 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 |
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| 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 | | (a-6) In a review under subsection (b-4.5) of Section 504 | 11 | | of this Act, the court may enter a fixed-term maintenance award | 12 | | that bars future maintenance only if, at the time of the entry | 13 | | of the award, the marriage had lasted 10 years or less at the | 14 | | time the original action was commenced. | 15 | | (b) The provisions as to property disposition may not be | 16 | | revoked or
modified,
unless the court finds the existence of | 17 | | conditions that justify the
reopening of a judgment under the | 18 | | laws of this State.
| 19 | | (c) Unless otherwise agreed by the parties in a written | 20 | | agreement
set forth in the judgment or otherwise approved by | 21 | | the court, the obligation
to pay future maintenance is | 22 | | terminated upon the death of either party, or
the remarriage of | 23 | | the party receiving maintenance, or if the party
receiving | 24 | | maintenance cohabits with another person on a resident,
| 25 | | continuing conjugal basis. A payor's obligation to pay | 26 | | maintenance or unallocated maintenance terminates by operation |
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| 1 | | of law on the date the recipient remarries or the date the | 2 | | court finds cohabitation began. The payor is entitled to | 3 | | reimbursement for all maintenance paid from that date forward. | 4 | | Any termination of an obligation for maintenance as a result of | 5 | | the death of the payor party, however, shall be inapplicable to | 6 | | any right of the other party or such other party's designee to | 7 | | receive a death benefit under such insurance on the payor | 8 | | party's life. A party receiving maintenance must advise the | 9 | | payor of his or her intention to marry at least 30 days before | 10 | | the remarriage, unless the decision is made within this time | 11 | | period. In that event, he or she must notify the other party | 12 | | within 72 hours of getting married. | 13 | | (c-5) In an adjudicated case, the court shall make specific | 14 | | factual findings as to the reason for the modification as well | 15 | | as the amount, nature, and duration of the modified maintenance | 16 | | award.
| 17 | | (d) Unless otherwise provided in this Act, or as agreed in | 18 | | writing or
expressly
provided in the
judgment, provisions for | 19 | | the support of a child are terminated by emancipation
of the
| 20 | | child, or if the child has attained the age of 18 and is still | 21 | | attending
high school,
provisions for the support of the child | 22 | | are terminated upon the date that the
child
graduates from high | 23 | | school or the date the child attains the age of 19,
whichever | 24 | | is
earlier, but not by the death of a parent obligated to | 25 | | support or educate the
child.
An existing obligation to pay for | 26 | | support
or educational expenses, or both, is not terminated by |
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| 1 | | the death of a
parent. When a parent obligated to pay support | 2 | | or educational
expenses, or both, dies, the amount of support | 3 | | or educational expenses, or
both, may be enforced, modified, | 4 | | revoked or commuted to a lump sum payment,
as equity may | 5 | | require, and that determination may be provided for at the
time | 6 | | of the dissolution of the marriage or thereafter.
| 7 | | (e) The right to petition for support or educational | 8 | | expenses, or both,
under Sections 505 and 513 is not | 9 | | extinguished by the death of a parent.
Upon a petition filed | 10 | | before or after a parent's death, the court may award
sums of | 11 | | money out of the decedent's estate for the child's support or
| 12 | | educational expenses, or both, as equity may require. The time | 13 | | within
which a claim may be filed against the estate of a | 14 | | decedent under Sections
505 and 513 and subsection (d) and this | 15 | | subsection shall be governed by the
provisions of the Probate | 16 | | Act of 1975, as a barrable, noncontingent claim.
| 17 | | (f) A petition to modify or terminate child support or | 18 | | allocation of parental responsibilities shall not delay any | 19 | | child support enforcement litigation or
supplementary | 20 | | proceeding on behalf of the obligee, including, but not limited
| 21 | | to, a petition for a rule to show cause, for non-wage | 22 | | garnishment, or for a
restraining order.
| 23 | | (Source: P.A. 99-90, eff. 1-1-16.)
| 24 | | (Text of Section after amendment by P.A. 99-764 ) | 25 | | Sec. 510. Modification and termination of provisions for
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| 1 | | maintenance, support, educational expenses, and property | 2 | | disposition.
| 3 | | (a) Except as otherwise provided in paragraph (f) of | 4 | | Section 502 and
in subsection (b), clause (3) of Section 505.2, | 5 | | the provisions of any
judgment respecting maintenance or | 6 | | support may be modified only as to
installments accruing | 7 | | subsequent to due notice by the moving party of the
filing of | 8 | | the motion for modification. An order for child
support may be | 9 | | modified as follows:
| 10 | | (1) upon a showing of a substantial change in | 11 | | circumstances; and
| 12 | | (2) without the necessity of showing a substantial | 13 | | change in
circumstances, as follows:
| 14 | | (A) upon a showing of an inconsistency of at least | 15 | | 20%, but no
less than $10 per month, between the amount | 16 | | of the existing order and the
amount of child support | 17 | | that results from application of the guidelines
| 18 | | specified in Section 505 of this Act unless the | 19 | | inconsistency is due to the
fact that the amount of the | 20 | | existing order resulted from a deviation from the
| 21 | | guideline amount and there has not been a change in the | 22 | | circumstances that
resulted in that deviation; or
| 23 | | (B) upon a showing of a need to provide for the | 24 | | health care needs
of the child under the order through | 25 | | health insurance or other means. In no
event shall the | 26 | | eligibility for or receipt of medical assistance be |
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| 1 | | considered
to meet the need to provide for the child's | 2 | | health care needs.
| 3 | | The provisions of subparagraph (a)(2)(A) shall apply only
| 4 | | in cases in which a party is receiving child support
| 5 | | enforcement services from the Department of Healthcare and | 6 | | Family Services under
Article X of the Illinois Public Aid | 7 | | Code, and only when at least 36
months have elapsed since the | 8 | | order for child support was entered or last
modified.
| 9 | | The court may grant a petition for modification that seeks | 10 | | to apply the changes made to subsection (a) of Section 505 by | 11 | | Public Act 99-764 this amendatory Act of the 99th General | 12 | | Assembly to an order entered before the effective date of | 13 | | Public Act 99-764 this amendatory Act of the 99th General | 14 | | Assembly only upon a finding of a substantial change in | 15 | | circumstances that warrants application of the changes. The | 16 | | enactment of Public Act 99-764 this amendatory Act of the 99th | 17 | | General Assembly itself does not constitute a substantial | 18 | | change in circumstances warranting a modification. | 19 | | (a-5) An order for maintenance may be modified or | 20 | | terminated only upon a
showing of a substantial change in | 21 | | circumstances. In all such proceedings, as
well as in | 22 | | proceedings in which maintenance is being reviewed, the court | 23 | | shall
consider the applicable factors set forth in subsection | 24 | | (a) of Section 504 and
the following factors:
| 25 | | (1) any change in the employment status of either party | 26 | | and whether the
change has been made
in good faith;
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| 1 | | (2) the efforts, if any, made by the party receiving | 2 | | maintenance to become
self-supporting, and
the | 3 | | reasonableness of the efforts where they are appropriate;
| 4 | | (3) any impairment of the present and future earning | 5 | | capacity of either
party;
| 6 | | (4) the tax consequences of the maintenance payments | 7 | | upon the respective
economic
circumstances of the parties;
| 8 | | (5) the duration of the maintenance payments | 9 | | previously paid (and
remaining to be paid) relative
to the | 10 | | length of the marriage;
| 11 | | (6) the property, including retirement benefits, | 12 | | awarded to each party
under the judgment of
dissolution of | 13 | | marriage, judgment of legal separation, or judgment of
| 14 | | declaration of invalidity of
marriage and the present | 15 | | status of the property;
| 16 | | (7) the increase or decrease in each party's income | 17 | | since the prior
judgment or order from which
a review, | 18 | | modification, or termination is being sought;
| 19 | | (8) the property acquired and currently owned by each | 20 | | party after the
entry of the judgment of
dissolution of | 21 | | marriage, judgment of legal separation, or judgment of
| 22 | | declaration of invalidity of
marriage; and
| 23 | | (9) any other factor that the court expressly finds to | 24 | | be just and
equitable.
| 25 | | (a-6) In a review under subsection (b-4.5) of Section 504 | 26 | | of this Act, the court may enter a fixed-term maintenance award |
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| 1 | | that bars future maintenance only if, at the time of the entry | 2 | | of the award, the marriage had lasted 10 years or less at the | 3 | | time the original action was commenced. | 4 | | (b) The provisions as to property disposition may not be | 5 | | revoked or
modified,
unless the court finds the existence of | 6 | | conditions that justify the
reopening of a judgment under the | 7 | | laws of this State.
| 8 | | (c) Unless otherwise agreed by the parties in a written | 9 | | agreement
set forth in the judgment or otherwise approved by | 10 | | the court, the obligation
to pay future maintenance is | 11 | | terminated upon the death of either party, or
the remarriage of | 12 | | the party receiving maintenance, or if the party
receiving | 13 | | maintenance cohabits with another person on a resident,
| 14 | | continuing conjugal basis. An obligor's A payor's obligation to | 15 | | pay maintenance or unallocated maintenance terminates by | 16 | | operation of law on the date the obligee recipient remarries or | 17 | | the date the court finds cohabitation began. The obligor payor | 18 | | is entitled to reimbursement for all maintenance paid from that | 19 | | date forward. Any termination of an obligation for maintenance | 20 | | as a result of the death of the obligor payor party , however, | 21 | | shall be inapplicable to any right of the other party or such | 22 | | other party's designee to receive a death benefit under such | 23 | | insurance on the obligor's payor party's life. An obligee A | 24 | | party receiving maintenance must advise the obligor payor of | 25 | | his or her intention to marry at least 30 days before the | 26 | | remarriage, unless the decision is made within this time |
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| 1 | | period. In that event, he or she must notify the obligor other | 2 | | party within 72 hours of getting married. | 3 | | (c-5) In an adjudicated case, the court shall make specific | 4 | | factual findings as to the reason for the modification as well | 5 | | as the amount, nature, and duration of the modified maintenance | 6 | | award.
| 7 | | (d) Unless otherwise provided in this Act, or as agreed in | 8 | | writing or
expressly
provided in the
judgment, provisions for | 9 | | the support of a child are terminated by emancipation
of the
| 10 | | child, or if the child has attained the age of 18 and is still | 11 | | attending
high school,
provisions for the support of the child | 12 | | are terminated upon the date that the
child
graduates from high | 13 | | school or the date the child attains the age of 19,
whichever | 14 | | is
earlier, but not by the death of a parent obligated to | 15 | | support or educate the
child.
An existing obligation to pay for | 16 | | support
or educational expenses, or both, is not terminated by | 17 | | the death of a
parent. When a parent obligated to pay support | 18 | | or educational
expenses, or both, dies, the amount of support | 19 | | or educational expenses, or
both, may be enforced, modified, | 20 | | revoked or commuted to a lump sum payment,
as equity may | 21 | | require, and that determination may be provided for at the
time | 22 | | of the dissolution of the marriage or thereafter.
| 23 | | (e) The right to petition for support or educational | 24 | | expenses, or both,
under Sections 505 , and 513 , and 513.5 is | 25 | | not extinguished by the death of a parent.
Upon a petition | 26 | | filed before or after a parent's death, the court may award
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| 1 | | sums of money out of the decedent's estate for the child's | 2 | | support or
educational expenses, or both, as equity may | 3 | | require. The time within
which a claim may be filed against the | 4 | | estate of a decedent under Sections
505 and 513 and subsection | 5 | | (d) and this subsection shall be governed by the
provisions of | 6 | | the Probate Act of 1975, as a barrable, noncontingent claim.
| 7 | | (f) A petition to modify or terminate child support or the | 8 | | allocation of parental responsibilities , including parenting | 9 | | time, shall not delay any child support enforcement litigation | 10 | | or
supplementary proceeding on behalf of the obligee, | 11 | | including, but not limited
to, a petition for a rule to show | 12 | | cause, for non-wage garnishment, or for a
restraining order.
| 13 | | (Source: P.A. 99-90, eff. 1-1-16; 99-764, eff. 7-1-17; revised | 14 | | 9-8-16.)
| 15 | | Section 95. No acceleration or delay. Where this Act makes | 16 | | changes in a statute that is represented in this Act by text | 17 | | that is not yet or no longer in effect (for example, a Section | 18 | | represented by multiple versions), the use of that text does | 19 | | not accelerate or delay the taking effect of (i) the changes | 20 | | made by this Act or (ii) provisions derived from any other | 21 | | Public Act. | 22 | | Section 99. Effective date. This Act takes effect July 1, | 23 | | 2017.
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