Full Text of SB2044 95th General Assembly
SB2044enr 95TH GENERAL ASSEMBLY
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LRB095 16336 AJO 42360 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Marriage and Dissolution of | 5 |
| Marriage Act is amended by changing Section 513 as follows:
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| (750 ILCS 5/513) (from Ch. 40, par. 513)
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| Sec. 513. Support for Non-minor Children and Educational | 8 |
| Expenses.
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| (a) The court may award sums of money out of the property | 10 |
| and income of
either or both parties or the estate of a | 11 |
| deceased parent, as equity may
require, for the support of the | 12 |
| child or children of the parties who have
attained majority in | 13 |
| the following instances:
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| (1) When the child is mentally or physically disabled | 15 |
| and not otherwise
emancipated, an application for support | 16 |
| may be made before or after the child
has attained | 17 |
| majority.
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| (2) The court may also make provision for the | 19 |
| educational expenses of the
child or children of the | 20 |
| parties, whether of minor or majority age, and an
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| application for educational expenses may be made before or | 22 |
| after the child has
attained majority, or after the death | 23 |
| of either parent. The authority under
this Section to make |
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| provision for educational expenses extends not only to
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| periods of college education or professional or other | 3 |
| training after graduation
from high school, but also to any | 4 |
| period during which the child of the parties
is still | 5 |
| attending high school, even though he or she attained the | 6 |
| age of
19.
The educational expenses may include, but shall | 7 |
| not be limited to, room, board,
dues, tuition, | 8 |
| transportation, books, fees, registration and application | 9 |
| costs,
medical expenses including medical insurance, | 10 |
| dental expenses, and living
expenses during the school year | 11 |
| and periods of recess, which sums may be
ordered payable to | 12 |
| the child, to either parent, or to the educational
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| institution, directly or through a special account or trust | 14 |
| created for
that purpose, as the court sees fit.
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| If educational expenses are ordered payable, each | 16 |
| parent and the child
shall
sign any consents necessary for | 17 |
| the educational institution to provide the
supporting | 18 |
| parent with access to the child's academic transcripts, | 19 |
| records, and
grade reports. The consents shall not apply to | 20 |
| any non-academic records.
Failure to execute the required | 21 |
| consent may be a basis for a modification or
termination of | 22 |
| any order entered under this Section. Unless the court | 23 |
| specifically finds that the child's safety would be | 24 |
| jeopardized, each parent is entitled to know the name of | 25 |
| the educational institution the child attends. This | 26 |
| amendatory Act of the 95th General Assembly applies to all |
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| orders entered under this paragraph (2) on or after the | 2 |
| effective date of this amendatory Act of the 95th General | 3 |
| Assembly.
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| The authority under this Section to make provision for | 5 |
| educational
expenses, except where the child is mentally or | 6 |
| physically disabled and not
otherwise emancipated, | 7 |
| terminates when the child receives
a baccalaureate degree.
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| (b) In making awards under paragraph (1) or (2) of | 9 |
| subsection (a), or
pursuant to a petition or motion to | 10 |
| decrease, modify, or terminate any such
award, the court shall | 11 |
| consider all relevant factors that appear reasonable
and | 12 |
| necessary, including:
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| (1) The financial resources of both parents.
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| (2) The standard of living the child would have enjoyed | 15 |
| had the marriage
not been dissolved.
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| (3) The financial resources of the child.
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| (4) The child's academic performance.
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| (Source: P.A. 91-204, eff. 1-1-00; 92-876, eff. 6-1-03.)
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
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