Full Text of HB5752 99th General Assembly
HB5752 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5752 Introduced , by Rep. David R. Leitch SYNOPSIS AS INTRODUCED: |
|
750 ILCS 5/504 | from Ch. 40, par. 504 |
|
Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that in determining whether a maintenance award is appropriate, the court shall consider any history or pattern of family violence. Deletes language providing that: (i) the amount of maintenance awarded under certain circumstances shall be calculated by taking 30% of the payor's gross income minus 20% of the payee's gross income; and (ii) the
amount calculated as maintenance when added to the gross income of the payee may not result in the payee receiving an amount that is in excess of 40% of the combined gross income
of the parties. Provides that when there is no child support obligation between the parties, the amount of maintenance shall be calculated by taking 30% of the payor's gross income minus 40% of the payee's gross income. Provides that when there is a child support obligation between the parties, the amount of maintenance shall be calculated by taking 28% of the payor's gross income minus 48% of the payee's gross income.
|
| |
| | A BILL FOR |
|
| | | HB5752 | | LRB099 19110 HEP 43499 b |
|
| 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 5. The Illinois Marriage and Dissolution of | 5 | | Marriage Act is amended by changing Section 504 as follows:
| 6 | | (750 ILCS 5/504) (from Ch. 40, par. 504)
| 7 | | Sec. 504. Maintenance.
| 8 | | (a) Entitlement to maintenance. In a proceeding for | 9 | | dissolution of marriage or legal separation or
declaration of | 10 | | invalidity of marriage, or a proceeding for maintenance
| 11 | | following dissolution of the marriage by a court which lacked | 12 | | personal
jurisdiction over the absent spouse, the court may | 13 | | grant a maintenance award for either spouse in amounts and for | 14 | | periods of
time as the court deems just, without regard to | 15 | | marital misconduct, and the maintenance may
be paid from the | 16 | | income or property of the other spouse. The court shall first | 17 | | determine whether a maintenance award is appropriate, after | 18 | | consideration
of all relevant factors, including:
| 19 | | (1) the income and property of each party, including | 20 | | marital property
apportioned and non-marital property | 21 | | assigned to the party seeking maintenance as well as all | 22 | | financial obligations imposed on the parties as a result of | 23 | | the dissolution of marriage;
|
| | | HB5752 | - 2 - | LRB099 19110 HEP 43499 b |
|
| 1 | | (2) the needs of each party;
| 2 | | (3) the realistic present and future earning capacity | 3 | | of each party;
| 4 | | (4) any impairment of the present and future earning | 5 | | capacity of the
party seeking maintenance due to that party | 6 | | devoting time to domestic
duties or having forgone or | 7 | | delayed education, training,
employment, or
career | 8 | | opportunities due to the marriage;
| 9 | | (5) any impairment of the realistic present or future | 10 | | earning capacity of the party against whom maintenance is | 11 | | sought; | 12 | | (6) the time necessary to enable the party seeking | 13 | | maintenance to
acquire appropriate education, training, | 14 | | and employment, and whether that
party is able to support | 15 | | himself or herself through appropriate employment
or any | 16 | | parental responsibility arrangements and its effect on the | 17 | | party seeking employment;
| 18 | | (7) the standard of living established during the | 19 | | marriage;
| 20 | | (8) the duration of the marriage;
| 21 | | (9) the age, health, station, occupation, amount and | 22 | | sources of income, vocational skills, employability, | 23 | | estate, liabilities, and the needs of each of the parties;
| 24 | | (10) all sources of public and private income | 25 | | including, without limitation, disability and retirement | 26 | | income; |
| | | HB5752 | - 3 - | LRB099 19110 HEP 43499 b |
|
| 1 | | (11) the tax consequences of the property division upon | 2 | | the respective
economic circumstances of the parties;
| 3 | | (12) contributions and services by the party seeking | 4 | | maintenance to
the education, training, career or career | 5 | | potential, or license of the
other spouse;
| 6 | | (12.5) any history or pattern of family violence, as | 7 | | defined by the Illinois Domestic Violence Act of 1986; | 8 | | (13) any valid agreement of the parties; and
| 9 | | (14) any other factor that the court expressly finds to | 10 | | be just and
equitable.
| 11 | | (b) (Blank).
| 12 | | (b-1) Amount and duration of maintenance. If the court | 13 | | determines that a maintenance award is appropriate, the court | 14 | | shall order maintenance in accordance with either paragraph (1) | 15 | | or (2) of this subsection (b-1): | 16 | | (1) Maintenance award in accordance with guidelines. | 17 | | In situations when the combined gross income of the parties | 18 | | is less than $250,000 and the payor has no obligation to | 19 | | pay child support or maintenance or both from a prior | 20 | | relationship, maintenance payable after the date the | 21 | | parties' marriage is dissolved shall be in accordance with | 22 | | subparagraphs (A) and (B) of this paragraph (1), unless the | 23 | | court makes a finding that the application of the | 24 | | guidelines would be inappropriate. | 25 | | (A) When there is no child support obligation | 26 | | between the parties, the The amount of maintenance |
| | | HB5752 | - 4 - | LRB099 19110 HEP 43499 b |
|
| 1 | | under this paragraph (1) shall be calculated by taking | 2 | | 30% of the payor's gross income minus 40% 20% of the | 3 | | payee's gross income. The
amount calculated as | 4 | | maintenance, however, when added to the gross income of | 5 | | the payee, may not result in the payee receiving an | 6 | | amount that is in excess of 40% of the combined gross | 7 | | income
of the parties. | 8 | | (A-5) When there is a child support obligation | 9 | | between the parties, the amount of maintenance under | 10 | | this paragraph (1) shall be calculated by taking 28% of | 11 | | the payor's gross income minus 48% of the payee's gross | 12 | | income. This subparagraph (A-5) does not apply if there | 13 | | are no children born to the marriage. | 14 | | (B) The duration of an award under this paragraph | 15 | | (1) shall be calculated by multiplying the length of | 16 | | the marriage at the time the action was commenced by | 17 | | whichever of
the following factors applies: 5 years or | 18 | | less (.20); more than 5 years but less than 10 years | 19 | | (.40); 10 years or more but less than 15
years (.60); | 20 | | or 15 years or more but less than 20 years (.80). For a | 21 | | marriage of 20 or more years, the court, in its | 22 | | discretion, shall order either permanent maintenance | 23 | | or maintenance for a period equal to the length of the
| 24 | | marriage. | 25 | | (2) Maintenance award not in accordance with | 26 | | guidelines. Any non-guidelines award of maintenance shall |
| | | HB5752 | - 5 - | LRB099 19110 HEP 43499 b |
|
| 1 | | be made after the court's consideration of all relevant | 2 | | factors set forth in subsection (a) of this Section. | 3 | | (b-2) Findings. In each case involving the issue of | 4 | | maintenance, the court shall make specific findings of fact, as | 5 | | follows: | 6 | | (1) the court shall state its reasoning for awarding or | 7 | | not awarding maintenance and shall include references to | 8 | | each relevant factor set forth in subsection (a) of this | 9 | | Section; and | 10 | | (2) if the court deviates from otherwise applicable | 11 | | guidelines under paragraph (1) of subsection (b-1), it | 12 | | shall state in its findings the amount of maintenance (if | 13 | | determinable) or duration that would have been required | 14 | | under the guidelines and the reasoning for any variance | 15 | | from the guidelines. | 16 | | (b-3) Gross income. For purposes of this Section, the term | 17 | | "gross income" means all income from all sources, within the | 18 | | scope of that phase in Section 505 of this Act. | 19 | | (b-4) Unallocated maintenance. Unless the parties | 20 | | otherwise agree, the court may not order unallocated | 21 | | maintenance and child support in any dissolution judgment or in | 22 | | any post-dissolution order. In its discretion, the court may | 23 | | order unallocated maintenance and child support in any | 24 | | pre-dissolution temporary order. | 25 | | (b-4.5) Fixed-term maintenance in marriages of less than 10 | 26 | | years. If a court grants maintenance for a fixed period under |
| | | HB5752 | - 6 - | LRB099 19110 HEP 43499 b |
|
| 1 | | subsection (a) of this Section at the conclusion of a case | 2 | | commenced before the tenth anniversary of the marriage, the | 3 | | court may also designate the termination of the period during | 4 | | which this maintenance is to be paid as a "permanent | 5 | | termination". The effect of this designation is that | 6 | | maintenance is barred after the ending date of the period | 7 | | during which maintenance is to be paid. | 8 | | (b-5) Interest on maintenance. Any maintenance obligation | 9 | | including any unallocated maintenance and child support | 10 | | obligation, or any portion of any support obligation, that | 11 | | becomes due and remains unpaid shall accrue simple interest as | 12 | | set forth in Section 505 of this Act.
| 13 | | (b-7) Maintenance judgments. Any new or existing | 14 | | maintenance order including any unallocated maintenance and | 15 | | child support order entered by the court under this Section | 16 | | shall be deemed to be a series of judgments against the person | 17 | | obligated to pay support thereunder. Each such judgment to be | 18 | | in the amount of each payment or installment of support and | 19 | | each such judgment to be deemed entered as of the date the | 20 | | corresponding payment or installment becomes due under the | 21 | | terms of the support order, except no judgment shall arise as | 22 | | to any installment coming due after the termination of | 23 | | maintenance as provided by Section 510 of the Illinois Marriage | 24 | | and Dissolution of Marriage Act or the provisions of any order | 25 | | for maintenance. Each such judgment shall have the full force, | 26 | | effect and attributes of any other judgment of this State, |
| | | HB5752 | - 7 - | LRB099 19110 HEP 43499 b |
|
| 1 | | including the ability to be enforced. Notwithstanding any other | 2 | | State or local law to the contrary, a lien arises by operation | 3 | | of law against the real and personal property of the obligor | 4 | | for each installment of overdue support owed by the obligor. | 5 | | (c) Maintenance during an appeal. The court may grant and | 6 | | enforce the payment of maintenance during
the pendency of an | 7 | | appeal as the court shall deem reasonable and proper.
| 8 | | (d) Maintenance during imprisonment. No maintenance shall | 9 | | accrue during the period in which a party is
imprisoned for | 10 | | failure to comply with the court's order for the payment of
| 11 | | such maintenance.
| 12 | | (e) Fees when maintenance is paid through the clerk. When | 13 | | maintenance is to be paid through the clerk of the court in a
| 14 | | county of 1,000,000 inhabitants or less, the order shall direct | 15 | | the obligor
to pay to the clerk, in addition to the maintenance | 16 | | payments, all fees
imposed by the county board under paragraph | 17 | | (3) of subsection (u) of
Section 27.1 of the Clerks of Courts | 18 | | Act. Unless paid in cash or pursuant
to an order for | 19 | | withholding, the payment of the fee shall be by a separate
| 20 | | instrument from the support payment and shall be made to the | 21 | | order of
the Clerk.
| 22 | | (f) Maintenance secured by life insurance. An award ordered | 23 | | by a court upon entry of a dissolution judgment or upon entry | 24 | | of an award of maintenance following a reservation of | 25 | | maintenance in a dissolution judgment may be reasonably | 26 | | secured, in whole or in part, by life insurance on the
payor's |
| | | HB5752 | - 8 - | LRB099 19110 HEP 43499 b |
|
| 1 | | life on terms as to which the parties agree, or, if they do not | 2 | | agree, on such terms determined by the court,
subject to the | 3 | | following: | 4 | | (1) With respect to existing life insurance, provided | 5 | | the court is apprised through evidence,
stipulation, or | 6 | | otherwise as to level of death benefits, premium, and other | 7 | | relevant
data and makes findings relative thereto, the | 8 | | court may allocate death benefits, the right
to assign | 9 | | death benefits, or the obligation for future premium | 10 | | payments between the
parties as it deems just. | 11 | | (2) To the extent the court determines that its award | 12 | | should be secured, in whole or in part,
by new life | 13 | | insurance on the payor's life, the court may only order: | 14 | | (i) that the payor cooperate on all appropriate | 15 | | steps for the payee to obtain
such new life insurance; | 16 | | and | 17 | | (ii) that the payee, at his or her sole option and | 18 | | expense, may obtain such new life
insurance on the | 19 | | payor's life up to a maximum level of death benefit | 20 | | coverage,
or descending death benefit coverage, as is | 21 | | set by the court, such level not to exceed a reasonable
| 22 | | amount in light of the court's award, with the payee or | 23 | | the
payee's designee being the beneficiary of such life | 24 | | insurance. | 25 | | In determining the maximum level of death benefit coverage, | 26 | | the court shall take into account all relevant facts and |
| | | HB5752 | - 9 - | LRB099 19110 HEP 43499 b |
|
| 1 | | circumstances, including the impact on access to life | 2 | | insurance by the maintenance payor. If in resolving any | 3 | | issues under paragraph (2) of this subsection (f) a court | 4 | | reviews any submitted or proposed application for new | 5 | | insurance on the life of a maintenance payor, the review | 6 | | shall be in camera. | 7 | | (3) A judgment shall expressly set forth that all death | 8 | | benefits paid under life insurance on
a payor's life | 9 | | maintained or obtained pursuant to this subsection to | 10 | | secure
maintenance are designated as excludable from the | 11 | | gross income of the
maintenance payee under Section | 12 | | 71(b)(1)(B) of the Internal Revenue Code, unless an
| 13 | | agreement or stipulation of the parties otherwise | 14 | | provides. | 15 | | (Source: P.A. 98-961, eff. 1-1-15; 99-90, eff. 1-1-16 .)
|
|