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90_HB0215
750 ILCS 5/510 from Ch. 40, par. 510
750 ILCS 5/513 from Ch. 40, par. 513
Amends the Illinois Marriage and Dissolution of Marriage
Act. Eliminates provisions authorizing a court to order a
parent or the estate of a deceased parent to contribute to
the educational expenses of a child after the child reaches
age 18. Provides for termination of existing orders
requiring contribution to a child's educational expenses for
semesters or terms starting on or after August 1, 1997 and on
or after the child's 18th birthday. Effective immediately.
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1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Sections 510 and 513.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Sections 510 and 513 as
7 follows:
8 (750 ILCS 5/510) (from Ch. 40, par. 510)
9 Sec. 510. Modification and termination of provisions for
10 maintenance, support, educational expenses, and property
11 disposition.
12 (a) Except as otherwise provided in paragraph (f) of
13 Section 502 and in subsection (d), clause (3) of Section
14 505.2, the provisions of any judgment respecting maintenance
15 or support may be modified only as to installments accruing
16 subsequent to due notice by the moving party of the filing of
17 the motion for modification and, with respect to maintenance,
18 only upon a showing of a substantial change in circumstances.
19 An order for child support may be modified as follows:
20 (1) upon a showing of a substantial change in
21 circumstances; and
22 (2) without the necessity of showing a substantial
23 change in circumstances, as follows:
24 (A) upon a showing of an inconsistency of at
25 least 20%, but no less than $10 per month, between
26 the amount of the existing order and the amount of
27 child support that results from application of the
28 guidelines specified in Section 505 of this Act
29 unless the inconsistency is due to the fact that the
30 amount of the existing order resulted from a
31 deviation from the guideline amount and there has
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1 not been a change in the circumstances that resulted
2 in that deviation; or
3 (B) Upon a showing of a need to provide for
4 the health care needs of the child under the order
5 through health insurance or other means. In no
6 event shall the eligibility for or receipt of
7 medical assistance be considered to meet the need to
8 provide for the child's health care needs.
9 The provisions of subparagraph (a)(2)(A) shall apply only
10 in cases in which a party is receiving child and spouse
11 support services from the Illinois Department of Public Aid
12 under Article X of the Illinois Public Aid Code, and only
13 when at least 36 months have elapsed since the order for
14 child support was entered or last modified.
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
23 of the party receiving maintenance, or if the party receiving
24 maintenance cohabits with another person on a resident,
25 continuing conjugal basis.
26 (d) Unless otherwise agreed in writing or expressly
27 provided in a judgment, provisions for the support of a child
28 are terminated by emancipation of the child, except as
29 otherwise provided herein, but not by the death of a parent
30 obligated to support or educate the child. An existing
31 obligation to pay for support or educational expenses, or
32 both, is not terminated by the death of a parent. When a
33 parent obligated to pay support or educational expenses, or
34 both, dies, the amount of support or educational expenses, or
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1 both, may be enforced, modified, revoked or commuted to a
2 lump sum payment, as equity may require, and that
3 determination may be provided for at the time of the
4 dissolution of the marriage or thereafter.
5 (e) The right to petition for support or educational
6 expenses, or both, under Sections 505 and 513 is not
7 extinguished by the death of a parent. Upon a petition filed
8 before or after a parent's death, the court may award sums of
9 money out of the decedent's estate for the child's support or
10 educational expenses, or both, as equity may require. The
11 time within which a claim may be filed against the estate of
12 a decedent under Sections 505 and 513 and subsection (d) and
13 this subsection shall be governed by the provisions of the
14 Probate Act of 1975, as a barrable, noncontingent claim.
15 (Source: P.A. 87-714; 88-42; 88-307; 88-670, eff. 12-2-94.)
16 (750 ILCS 5/513) (from Ch. 40, par. 513)
17 Sec. 513. Support for Non-minor Children and Educational
18 Expenses.
19 (a) The court may award sums of money out of the
20 property and income of either or both parties or the estate
21 of a deceased parent, as equity may require, for the support
22 of the child or children of the parties who have attained
23 majority in the following instances:
24 (1) When the child is mentally or physically
25 disabled and not otherwise emancipated, an application
26 for support may be made before or after the child has
27 attained majority.
28 (2) (Blank). The court may also make provision
29 for the educational expenses of the child or children of
30 the parties, whether of minor or majority age, and an
31 application for educational expenses may be made before
32 or after the child has attained majority, or after the
33 death of either parent. The authority under this Section
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1 to make provision for educational expenses extends not
2 only to periods of college education or professional or
3 other training after graduation from high school, but
4 also to any period during which the child of the parties
5 is still attending high school, even though he or she
6 attained the age of 18. The educational expenses may
7 include, but shall not be limited to, room, board, dues,
8 tuition, transportation, books, fees, registration and
9 application costs, medical expenses including medical
10 insurance, dental expenses, and living expenses during
11 the school year and periods of recess, which sums may be
12 ordered payable to the child, to either parent, or to the
13 educational institution, directly or through a special
14 account or trust created for that purpose, as the court
15 sees fit.
16 (b) In making awards under paragraph (1) or (2) of
17 subsection (a), the court shall consider all relevant factors
18 that appear reasonable and necessary, including:
19 (1) The financial resources of both parents.
20 (2) The standard of living the child would have
21 enjoyed had the marriage not been dissolved.
22 (3) The financial resources of the child.
23 (c) Except as otherwise provided in this subsection (c),
24 no order may be entered on or after the effective date of
25 this amendatory Act of 1997 that requires a party or the
26 estate of a deceased parent to pay or contribute to the
27 educational expenses of a child of the parties for any
28 semester or school term that begins on or after the child's
29 18th birthday. Except as otherwise provided in this
30 subsection (c), a party or the estate of a deceased parent
31 may file a petition to terminate any order entered before the
32 effective date of this amendatory Act of 1997 that required
33 the party or the estate to pay or contribute to the
34 educational expenses of a child of the parties for any
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1 semester or school term that begins on or after August 1,
2 1997 and on or after the child's 18th birthday. When such a
3 petition has been properly filed, the court, without
4 requiring any showing of a change in circumstances, shall
5 terminate the order requiring payment of or contribution to
6 the educational expenses of a child of the parties for every
7 semester or school term that meets all of the following
8 criteria:
9 (1) the semester or school term commences on or
10 after the date the petition was filed;
11 (2) the semester or school term commences on or
12 after August 1, 1997; and
13 (3) the semester or school term commences on or
14 after the child's 18th birthday.
15 Nothing in this subsection (c) shall be construed to prohibit
16 the court from considering educational needs when entering an
17 order under subsection (a) of this Section for the support of
18 a mentally or physically disabled child who is over 18 years
19 of age or when entering an order under Section 505 for the
20 support of a minor child.
21 (Source: P.A. 86-637; 87-910.)
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.