Full Text of SB0095 94th General Assembly
SB0095enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning family 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 504 as follows:
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| (750 ILCS 5/504) (from Ch. 40, par. 504)
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| Sec. 504. Maintenance.
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| (a) In a proceeding for dissolution of marriage or legal | 9 |
| separation or
declaration of invalidity of marriage, or a | 10 |
| proceeding for maintenance
following dissolution of the | 11 |
| marriage by a court which lacked personal
jurisdiction over the | 12 |
| absent spouse, the court may grant a temporary or
permanent | 13 |
| maintenance award for either spouse in amounts and for periods | 14 |
| of
time as the court deems just, without regard to marital | 15 |
| misconduct, in
gross or for fixed or indefinite periods of | 16 |
| time, and the maintenance may
be paid from the income or | 17 |
| property of the other spouse after consideration
of all | 18 |
| relevant factors, including:
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| (1) the income and property of each party, including | 20 |
| marital property
apportioned and non-marital property | 21 |
| assigned to the party seeking maintenance;
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| (2) the needs of each party;
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| (3) the present and future earning capacity of each | 24 |
| party;
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| (4) any impairment of the present and future earning | 26 |
| capacity of the
party seeking maintenance due to that party | 27 |
| devoting time to domestic
duties or having forgone or | 28 |
| delayed education, training,
employment, or
career | 29 |
| opportunities due to the marriage;
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| (5) the time necessary to enable the party seeking | 31 |
| maintenance to
acquire appropriate education, training, | 32 |
| and employment, and whether that
party is able to support |
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| himself or herself through appropriate employment
or is the | 2 |
| custodian of a child making it appropriate that the | 3 |
| custodian not
seek employment;
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| (6) the standard of living established during the | 5 |
| marriage;
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| (7) the duration of the marriage;
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| (8) the age and the physical and emotional condition of
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| both parties;
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| (9) the tax consequences of the property division upon | 10 |
| the respective
economic circumstances of the parties;
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| (10) contributions and services by the party seeking | 12 |
| maintenance to
the education, training, career or career | 13 |
| potential, or license of the
other spouse;
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| (11) any valid agreement of the parties; and
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| (12) any other factor that the court expressly finds to | 16 |
| be just and
equitable.
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| (b) (Blank).
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| (b-5) Any maintenance obligation including any unallocated | 19 |
| maintenance and child support obligation, or any portion of any | 20 |
| support obligation, that becomes due and remains unpaid shall | 21 |
| accrue simple interest as set forth in Section 505 of this Act.
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| (b-7) Any new or existing maintenance order including any | 23 |
| unallocated maintenance and child support order entered by the | 24 |
| court under this Section shall be deemed to be a series of | 25 |
| judgments against the person obligated to pay support | 26 |
| thereunder. Each such judgment to be in the amount of each | 27 |
| payment or installment of support and each such judgment to be | 28 |
| deemed entered as of the date the corresponding payment or | 29 |
| installment becomes due under the terms of the support order, | 30 |
| except no judgment shall arise as to any installment coming due | 31 |
| after the termination of maintenance as provided by Section 510 | 32 |
| of the Illinois Marriage and Dissolution of Marriage Act or the | 33 |
| provisions of any order for maintenance. Each such judgment | 34 |
| shall have the full force, effect and attributes of any other | 35 |
| judgment of this State, including the ability to be enforced. A | 36 |
| lien arises by operation of law against the real and personal |
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| property of the obligor for each installment of overdue support | 2 |
| owed by the obligor. | 3 |
| (c) The court may grant and enforce the payment of | 4 |
| maintenance during
the pendency of an appeal as the court shall | 5 |
| deem reasonable and proper.
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| (d) No maintenance shall accrue during the period in which | 7 |
| a party is
imprisoned for failure to comply with the court's | 8 |
| order for the payment of
such maintenance.
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| (e) When maintenance is to be paid through the clerk of the | 10 |
| court in a
county of 1,000,000 inhabitants or less, the order | 11 |
| shall direct the obligor
to pay to the clerk, in addition to | 12 |
| the maintenance payments, all fees
imposed by the county board | 13 |
| under paragraph (3) of subsection (u) of
Section 27.1 of the | 14 |
| Clerks of Courts Act. Unless paid in cash or pursuant
to an | 15 |
| order for withholding, the payment of the fee shall be by a | 16 |
| separate
instrument from the support payment and shall be made | 17 |
| to the order of
the Clerk.
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| (Source: P.A. 91-357, eff. 7-29-99.)
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