| ||||
Public Act 100-0015 | ||||
| ||||
| ||||
AN ACT concerning civil law.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 1. Section 505 of the Illinois Marriage and | ||||
Dissolution of Marriage Act was amended by Public Act 99-763, | ||||
effective January 1, 2017, and Public Act 99-764, effective | ||||
July 1, 2017. One of these Public Acts used a version of | ||||
Section 505 that had not yet incorporated the changes made by | ||||
Public Act 99-90, effective January 1, 2016. This bill | ||||
incorporates the changes made to Section 505 by Public Acts | ||||
99-90, 99-763, and 99-764, and makes additional changes. | ||||
Section 5. The Illinois Marriage and Dissolution of | ||||
Marriage Act is amended by changing Sections 505 and 510 as | ||||
follows:
| ||||
(750 ILCS 5/505) (from Ch. 40, par. 505)
| ||||
Sec. 505. Child support; contempt; penalties.
| ||||
(a) In a proceeding for dissolution of marriage, legal | ||||
separation,
declaration of invalidity of marriage, dissolution | ||||
of a civil union, a proceeding for child support
following | ||||
dissolution of the marriage or civil union by a court that | ||||
lacked personal
jurisdiction over the absent spouse, a | ||||
proceeding for modification of a
previous order for child |
support under Section 510 of this Act, or any
proceeding | ||
authorized under Section 501 or 601 of this Act, the court may
| ||
order either or both parents owing a duty of support to a child | ||
of the
marriage or civil union to pay an amount reasonable and | ||
necessary for support. The duty of support owed to a child
| ||
includes the obligation to provide for the reasonable and | ||
necessary physical, mental and emotional health needs of the | ||
child.
For purposes of this Section, the term "child" shall | ||
include any child under
age 18 and
any child age 19 or younger | ||
who is still attending high school. For purposes of this | ||
Section, the term "obligor" "supporting parent" means the | ||
parent obligated to pay support to the other parent.
| ||
(1) Child support guidelines. The Illinois Department | ||
of Healthcare and Family Services shall adopt rules | ||
establishing child support guidelines which include | ||
worksheets to aid in the calculation of the child support | ||
obligations award and a schedule of basic child support | ||
obligations table that reflects the percentage of combined | ||
net income that parents living in the same household in | ||
this State ordinarily spend on their child children . The | ||
child support guidelines have the following purposes: | ||
(A) to establish as State policy an adequate | ||
standard of support for a child children , subject to | ||
the ability of parents to pay; | ||
(B) to make child support obligations awards more | ||
equitable by ensuring more consistent treatment of |
parents persons in similar circumstances; | ||
(C) to improve the efficiency of the court process | ||
by promoting settlements and giving courts and the | ||
parties guidance in establishing levels of child | ||
support awards ; | ||
(D) to calculate child support based upon the | ||
parents' combined adjusted net income estimated to | ||
have been allocated for to the support of the child if | ||
the parents and child children were living in an intact | ||
household; | ||
(E) to adjust the child support based upon the | ||
needs of the child children ;
and | ||
(F) to allocate the amount of child support to be | ||
paid by each parent based upon a parent's net income | ||
the child support and the child's physical care | ||
arrangements. | ||
(1.5) Computation of basic child support obligation. | ||
The court shall compute the basic child support obligation | ||
by taking the following steps: | ||
(A) determine each parent's monthly net income; | ||
(B) add the parents' monthly net incomes together | ||
to determine the combined monthly net income of the | ||
parents; | ||
(C) select the corresponding appropriate amount | ||
from the schedule of basic child support obligations | ||
based on the parties' combined monthly net income and |
number of children of the parties; and | ||
(D) calculate each parent's percentage share of | ||
the basic child support obligation. | ||
Although a monetary obligation is computed for each | ||
parent as child support, the receiving parent's share is | ||
not payable to the other parent and is presumed to be spent | ||
directly on the child. | ||
(2) Duty of support. The court shall determine award | ||
child support in each case by applying the child support | ||
guidelines unless the court makes a finding that | ||
application of the guidelines would be inappropriate, | ||
after considering the best interests interest of the child | ||
and in light of evidence which shows relevant factors | ||
including, but not limited to, one or more of the | ||
following: | ||
(A) the financial resources and needs of the child; | ||
(B) the financial resources and needs of the | ||
parents custodial parent ; | ||
(C) the standard of living the child would have | ||
enjoyed had the marriage or civil union not been | ||
dissolved; and | ||
(D) the physical and emotional condition of the | ||
child and his or her educational needs . ; and | ||
(E) the financial resources and needs of the | ||
noncustodial parent. | ||
(3) Income. |
(A) As used in this Section, "gross income" means | ||
the total of all income from all sources, except "gross | ||
income" does not include (i) benefits received by the | ||
parent from means-tested public assistance programs, | ||
including, but not limited to, Temporary Assistance to | ||
Needy Families, Supplemental Security Income, and the | ||
Supplemental Nutrition Assistance Program or (ii) | ||
benefits and income received by the parent for other | ||
children in the household, including, but not limited | ||
to, child support, survivor benefits, and foster care | ||
payments. Social security disability and retirement | ||
benefits paid for the benefit of the subject child must | ||
be included in the disabled or retired parent's gross | ||
income for purposes of calculating the parent's child | ||
support obligation, but the parent is entitled to a | ||
child support credit for the amount of benefits paid to | ||
the other party parent for the child. "Gross income" | ||
also includes Spousal support or spousal maintenance | ||
received pursuant to a court order in the pending | ||
proceedings or any other proceedings that must be | ||
included in the recipient's gross income for purposes | ||
of calculating the parent's child support obligation. | ||
(B) As used in this Section, "net income" means | ||
gross income minus either the standardized tax amount | ||
calculated pursuant to subparagraph (C) of this | ||
paragraph (3) or the individualized tax amount |
calculated pursuant to subparagraph (D) of this | ||
paragraph (3), and minus any adjustments pursuant to | ||
subparagraph (F) of this paragraph (3). The | ||
standardized tax amount shall be used unless the | ||
requirements for an individualized tax amount set | ||
forth in subparagraph (E) (F) of this paragraph (3) are | ||
met. | ||
(C) As used in this Section, "standardized tax | ||
amount" means the total of federal and state income | ||
taxes for a single person claiming the standard tax | ||
deduction, one personal exemption, and the applicable | ||
number of dependency exemptions for the minor child or | ||
children of the parties, and Social Security tax and | ||
Medicare Medicaid tax calculated at the Federal | ||
Insurance Contributions Act rate. | ||
(I) Unless a court has previously determined | ||
otherwise or the parties otherwise agree, the | ||
party with the majority of parenting time | ||
custodial parent shall be deemed entitled to claim | ||
the dependency exemption for the parties' minor | ||
child or children . | ||
(II) The Illinois Department of Healthcare and | ||
Family Services shall promulgate a standardized | ||
net income conversion table chart that computes | ||
net income by deducting the standardized tax | ||
amount from gross income. |
(D) As used in this Section, "individualized tax | ||
amount" means the aggregate of the following taxes: | ||
(I) federal income tax (properly calculated | ||
withholding or estimated payments); | ||
(II) State income tax (properly calculated | ||
withholding or estimated payments); and | ||
(III) Social Security or self-employment tax, | ||
if applicable (or, if none, mandatory retirement | ||
contributions required by law or as a condition of | ||
employment) and Medicare tax calculated at the | ||
Federal Insurance Contributions Act rate. | ||
(E) In lieu of a standardized tax amount, a | ||
determination of an individualized tax amount may be | ||
made under items (I), (II), or (III) below. If an | ||
individualized tax amount determination is made under | ||
this subparagraph (E), all relevant tax attributes | ||
(including filing status, allocation of dependency | ||
exemptions, and whether a party is to claim the | ||
standard deduction or itemized deductions for federal | ||
income tax purposes) shall be as the parties agree or | ||
as the court determines. To determine a party's | ||
reported income, the court may order the party to | ||
complete an Internal Revenue Service Form 4506-T, | ||
Request for Tax Transcript. | ||
(I) Agreement. Irrespective of whether the | ||
parties agree on any other issue before the court, |
if they jointly stipulate for the record their | ||
concurrence on a computation method for the | ||
individualized tax amount that is different from | ||
the method set forth under subparagraph (D), the | ||
stipulated method shall be used by the court unless | ||
the court rejects the proposed stipulated method | ||
for good cause. | ||
(II) Summary hearing. If the court determines | ||
child support in a summary hearing under Section | ||
501 and an eligible party opts in to the | ||
individualized tax amount computation method under | ||
this item (II), the individualized tax amount | ||
shall be determined by the court on the basis of | ||
information contained in one or both parties' | ||
Supreme Court approved Financial Affidavit (Family & | ||
Divorce Cases) financial disclosure statement, | ||
financial affidavit, or similar instrument and | ||
relevant supporting documents under applicable | ||
court rules. No party, however, is eligible to opt | ||
in unless the party, under applicable court rules, | ||
has served the other party with the required | ||
Supreme Court approved Financial Affidavit (Family & | ||
Divorce Cases) and has substantially produced | ||
supporting documents required by the applicable | ||
court rules statement, affidavit, or other | ||
instrument and has also substantially turned over |
supporting documents to the extent required by the | ||
applicable rule at the time of service of the | ||
statement, affidavit, or other instrument . | ||
(III) Evidentiary hearing. If the court | ||
determines child support in an evidentiary | ||
hearing, whether for purposes of a temporary order | ||
or at the conclusion of a proceeding, item (II) of | ||
this subparagraph (E) does not apply. In each such | ||
case (unless item (I) governs), the individualized | ||
tax amount shall be as determined by the court on | ||
the basis of the record established. | ||
(F) Adjustments to gross income. | ||
(I) Multi-family adjustment. If a parent also | ||
is also legally responsible for support of a child | ||
children not shared with the other parent and not | ||
subject to the present proceeding, there shall be | ||
an adjustment to net gross income as follows: | ||
(i) Multi-family adjustment with court | ||
order. The court shall deduct from the parent's | ||
net income the The amount of child support | ||
actually paid by the parent pursuant to a | ||
support order unless the court makes a finding | ||
that it would cause economic hardship to the | ||
child shall be deducted from the parent's gross | ||
income . | ||
(ii) Multi-family adjustment without court |
order. Upon the request or application of a | ||
parent actually supporting a presumed, | ||
acknowledged, or adjudicated child living in | ||
or outside of that parent's household, there | ||
shall be an adjustment to child support. The | ||
court shall deduct from the parent's net income | ||
the The amount of financial support actually | ||
paid by the parent for the child children | ||
living in or outside of that parent's household | ||
or 75% of the support the parent should pay | ||
would pay under the child support guidelines | ||
(before this adjustment) , whichever is less, | ||
unless the court makes a finding that it would | ||
cause economic hardship to the child. The | ||
adjustment shall be calculated using that | ||
parent's income alone shall be deducted from | ||
that parent's gross income . | ||
(II) Spousal Maintenance adjustment. | ||
Obligations pursuant to a court order for spousal | ||
maintenance in the pending proceeding actually | ||
paid or payable under Section 504 to the same party | ||
to whom child support is to be payable or actually | ||
paid to a former spouse pursuant to a court order | ||
shall be deducted from the parent's gross income. | ||
(3.1) Business income.
For purposes of calculating | ||
child support, net business income from the operation of a |
business means gross receipts minus ordinary and necessary | ||
expenses required to carry on the trade or business. As | ||
used in this paragraph, "business" includes, but is not | ||
limited to, sole proprietorships, closely held | ||
corporations, partnerships, other flow-through business | ||
entities, and self-employment. The court shall apply the | ||
following: | ||
(A) The accelerated component of depreciation and | ||
any business expenses determined either judicially or | ||
administratively to be inappropriate or excessive | ||
shall be excluded from the total of ordinary and | ||
necessary business expenses to be deducted in the | ||
determination of net business income from gross | ||
business income. | ||
(B) Any item of reimbursement or in-kind payment | ||
received by a parent from a the business, including, | ||
but not limited to, a company car, reimbursed meals, | ||
free housing , or a housing allowance, or reimbursed | ||
meals, shall be counted as income if not otherwise | ||
included in the recipient's gross income, if the item | ||
is significant in amount and reduces personal | ||
expenses. | ||
(3.2) Unemployment or underemployment.
If a parent is | ||
voluntarily unemployed or underemployed, child support | ||
shall be calculated based on a determination of potential | ||
income. A determination of potential income shall be made |
by determining employment potential and probable earnings | ||
level based on the obligor's work history, occupational | ||
qualifications, prevailing job opportunities, the | ||
ownership by a parent of a substantial non-income producing | ||
asset, and earnings levels in the community. If there is | ||
insufficient work history to determine employment | ||
potential and probable earnings level, there shall be a | ||
rebuttable presumption that the parent's potential income | ||
is 75% of the most recent United States Department of | ||
Health and Human Services Federal Poverty Guidelines for a | ||
family of one person. | ||
(3.3) Rebuttable presumption in favor of guidelines | ||
Minimum orders .
There is a rebuttable presumption in any | ||
judicial or administrative proceeding for child support | ||
that the amount of the child support obligation that award | ||
which would result from the application of the child | ||
support guidelines is the correct amount of child support | ||
to be awarded . | ||
(3.3a) Minimum child support obligation. There is a | ||
rebuttable presumption that a minimum child support | ||
obligation of $40 per month, per child, will be entered for | ||
an obligor a payor parent who has actual or imputed gross | ||
income at or less than 75% of the most recent United States | ||
Department of Health and Human Services Federal Poverty | ||
Guidelines for a family of one person, with a maximum total | ||
child support obligation for that obligor payor of $120 per |
month to be divided equally among all of the obligor's | ||
payor parent's children. | ||
(3.3b) Zero dollar child support order. For parents | ||
with no gross income, including those who receive only | ||
means-tested assistance , or who cannot work due to a | ||
medically proven disability, incarceration, or | ||
institutionalization, there is a rebuttable presumption | ||
that the $40 per month minimum support order is | ||
inapplicable inappropriate and a zero dollar order shall be | ||
entered. | ||
(3.4) Deviation factors.
In any action to establish or | ||
modify child support, whether pursuant to a temporary or | ||
final administrative or court order permanent , the child | ||
support guidelines shall be used as a rebuttable | ||
presumption for the establishment or modification of the | ||
amount of child support. The court may deviate from the | ||
child support guidelines if the application would be | ||
inequitable, unjust, or inappropriate. Any deviation from | ||
the guidelines shall be accompanied by written findings by | ||
the court specifying the reasons for the deviation and the | ||
presumed amount under the child support guidelines without | ||
a deviation. These reasons may include: | ||
(A) extraordinary medical expenditures necessary | ||
to preserve the life or health of a party or a child of | ||
either or both of the parties; | ||
(B) additional expenses incurred for a child |
subject to the child support order who has special | ||
medical, physical, or developmental needs; and | ||
(C) any other factor the court determines should be | ||
applied upon a finding that the application of the | ||
child support guidelines would be inappropriate, after | ||
considering the best interest of the child. | ||
(3.5) Income in excess of the schedule of basic child | ||
support obligation table . A court may use its discretion to | ||
determine child support if the combined adjusted net gross | ||
income of the parties exceeds the highest level uppermost | ||
levels of the schedule of basic child support obligation | ||
obligations , except that the presumptive basic child | ||
support obligation shall not be less than it would be based | ||
on the highest level of combined net adjusted gross income | ||
set forth in the schedule of basic child support obligation | ||
obligations . | ||
(3.6) Extracurricular activities and school expenses.
| ||
The court, in its discretion, in addition to the basic | ||
child support obligation, may order either or both parents | ||
owing a duty of support to the child to contribute to the | ||
reasonable school and extracurricular activity expenses | ||
incurred which are intended to enhance the educational, | ||
athletic, social, or cultural development of the child. | ||
(3.7) Child care expenses.
The court, in its | ||
discretion, in addition to the basic child support | ||
obligation, may order either or both parents owing a duty |
of support to the child to contribute to the reasonable | ||
child care expenses of the child. The child care expenses | ||
shall be made payable directly to a party or directly to | ||
the child care provider at the time of child care services. | ||
(A) "Child As used in this paragraph (3.7), "child | ||
care expenses" means actual annualized monthly child | ||
care expenses reasonably necessary to enable a parent | ||
or non-parent custodian to be employed, to attend | ||
educational or vocational education and training | ||
programs to improve employment opportunities, or to | ||
search for employment. "Child care expenses" also | ||
activities, or job search, and includes after-school | ||
care and all work-related child care expenses incurred | ||
while receiving education or training to improve | ||
employment opportunities. "Child care expenses" | ||
includes deposits for the retention of securing | ||
placement in a child care program, the cost of before | ||
and after school care, and programs. "Child care | ||
expenses" may include camps when school is not in | ||
session. A Parties may agree on additional day camps. | ||
Child care expenses due to a child's special needs | ||
shall be a consideration in determining reasonable | ||
child care expenses for a child with special needs . | ||
(B) Child care expenses shall be calculated as set | ||
forth in this paragraph. Child care expenses shall be | ||
prorated in proportion to each parent's percentage |
share of combined parental net income, and may be added | ||
to the basic child support obligation if not paid | ||
directly by each parent to the provider of child care | ||
services . The obligor's and obligee's portion of | ||
actual child care expenses shall appear in the support | ||
order. If allowed, the value of the federal income tax | ||
credit for child care shall be subtracted from the | ||
actual cost to determine the net child care costs. The | ||
obligee's share of child care expenses shall be paid by | ||
the obligee directly to the child care provider. | ||
(C) The amount of child care expenses shall be | ||
adequate to obtain reasonable and necessary child | ||
care. The family's actual child care expenses shall be | ||
used to calculate the child care expenses expense | ||
contributions , if available. When actual child care | ||
expenses vary, the actual child care expenses may shall | ||
be averaged over the most recent 12-month period. When | ||
a the parent is temporarily unemployed or temporarily | ||
not attending educational or vocational training | ||
programs, future school, then child care expenses | ||
shall be based upon prospective expenses to be incurred | ||
upon return to employment or educational or vocational | ||
training programs . | ||
(D) An order for child care expenses may be | ||
modified upon a showing of a substantial change in | ||
circumstances. The party Persons incurring child care |
expenses shall notify the other party obligor within 14 | ||
days of any change in the amount of child care expenses | ||
that would affect the annualized child care amount as | ||
determined in the support order. | ||
(3.8) Shared physical care parenting . If each parent | ||
exercises 146 or more overnights per year with the child, | ||
the basic child support obligation is multiplied by 1.5 to | ||
calculate the shared care child support obligation. The | ||
court shall determine each parent's share of the shared | ||
care child support obligation based on the parent's | ||
percentage share of combined net income. The child support | ||
obligation is then computed for each parent by multiplying | ||
that parent's portion of the shared care support obligation | ||
by the percentage of time the child spends with the other | ||
parent. The respective child support obligations are then | ||
offset, with the parent owing more child support paying the | ||
difference between the child support 2 amounts. The | ||
Illinois Child support for cases with shared physical care | ||
are calculated using a child support worksheet promulgated | ||
by the Department of Healthcare and Family Services shall | ||
promulgate a worksheet to calculate child support in cases | ||
in which the parents have shared physical care and use the | ||
standardized tax amount to determine net income . An | ||
adjustment for shared physical care is made only when each | ||
parent has the child for 146 or more overnights per year. | ||
(3.9) Split physical care. When
Split care refers to a |
situation in which there is more than one child and each | ||
parent has physical care of at least one but not all of the | ||
children . In a split care situation , the support is | ||
calculated by using 2 child support worksheets to determine | ||
the support each parent owes the other. The resulting | ||
obligations are then offset, with one parent owing the | ||
other the difference as a child support order. The support | ||
shall be calculated as follows: | ||
(A) compute the support the first parent would owe | ||
to other parent as if the child in his or her care was | ||
the only child of the parties; then | ||
(B) compute the support the other parent would owe | ||
to the first parent as if the child in his or her care | ||
were the only child of the parties; then | ||
(C) subtract the lesser support obligation from | ||
the greater. | ||
The parent who owes the greater obligation shall be | ||
ordered to pay the difference in support to the other | ||
parent, unless the court determines, pursuant to other | ||
provisions of this Section, that it should deviate from the | ||
guidelines. | ||
(4) Health care. | ||
(A) A portion of the basic child support obligation | ||
is intended to cover basic ordinary out-of-pocket | ||
medical expenses. The court, in its discretion, in | ||
addition to the basic child support obligation, shall |
also provide for the child's current and future medical | ||
needs by ordering either or both parents to initiate | ||
health insurance or medical coverage for the child | ||
through currently effective health or medical | ||
insurance policies held by the parent or parents, | ||
purchase one or more either or all of health , or | ||
medical, dental, or vision insurance policies for the | ||
child, or provide for the child's current and future | ||
medical needs through some other manner. | ||
(B) The court, in its discretion, may also order | ||
either or both parents to contribute to the reasonable | ||
health care needs of the child not covered by | ||
insurance, including, but not limited to, unreimbursed | ||
medical, dental, orthodontic, or vision expenses and | ||
any prescription medication for the child not covered | ||
under the child's health or medical insurance. | ||
(C) If neither parent has access to appropriate | ||
private health insurance care coverage, the court may | ||
order: | ||
(I) one or both parents to provide health | ||
insurance care coverage at any time it becomes | ||
available at a reasonable cost; or | ||
(II) the parent or non-parent custodian with | ||
primary physical responsibility for the child to | ||
apply for public health insurance care coverage | ||
for the child and require either or both parents |
the other parent to pay a reasonable amount of the | ||
cost of health insurance for the child for medical | ||
support . | ||
The If cash medical support is ordered, the order | ||
may also provide that any time private health insurance | ||
care coverage is available at a reasonable cost to that | ||
party it will be provided instead of cash medical | ||
support. As used in this Section, "cash medical | ||
support" means an amount ordered to be paid toward the | ||
cost of health insurance provided by a public entity or | ||
by another person through employment or otherwise or | ||
for other medical costs not covered by insurance. | ||
(D) The amount to be added to the basic child | ||
support obligation shall be the actual amount of the | ||
total health insurance premium that is attributable to | ||
the child who is the subject of the order. If this | ||
amount is not available or cannot be verified, the | ||
total cost of the health insurance premium shall be | ||
divided by the total number of persons covered by the | ||
policy. The cost per person derived from this | ||
calculation shall be multiplied by the number of | ||
children who are the subject of the order and who are | ||
covered under the health insurance policy. This amount | ||
shall be added to the basic child support obligation | ||
and shall be allocated divided between the parents in | ||
proportion to their respective net adjusted gross |
incomes. | ||
(E) After the health insurance premium for the | ||
child is added to the basic child support obligation | ||
and allocated divided between the parents in | ||
proportion to their respective incomes for child | ||
support purposes, if the obligor is paying the premium, | ||
the amount calculated for the obligee's share of the | ||
health insurance premium for the child shall be | ||
deducted from the obligor's share of the total child | ||
support obligation. If the obligee is paying for | ||
private health insurance for the child, the child | ||
support obligation shall be increased by the obligor's | ||
share of the premium payment. The obligor's and | ||
obligee's portion of health insurance costs shall | ||
appear in the support order the premium, no further | ||
adjustment is necessary . | ||
(F) Prior to allowing the health insurance | ||
adjustment, the parent requesting the adjustment must | ||
submit proof that the child has been enrolled in a | ||
health insurance plan and must submit proof of the cost | ||
of the premium. The court shall require the parent | ||
receiving the adjustment to annually submit proof of | ||
continued coverage of the child to the child support | ||
enforcement unit and to the other parent , or as | ||
designated by the court . | ||
(G) A reasonable cost for providing health |
insurance care coverage for the child or children may | ||
not exceed 5% of the providing parent's gross income. | ||
Parents with a net income below 133% of the most recent | ||
United States Department of Health and Human Services | ||
Federal Poverty Guidelines or whose child is covered by | ||
Medicaid based on that parent's income may not be | ||
ordered to contribute toward or provide private | ||
coverage, unless private coverage is obtainable | ||
without any financial contribution by that parent. | ||
(H) If dental or vision insurance is included as | ||
part of the employer's medical plan, the coverage shall | ||
be maintained for the child. If not included in the | ||
employer's medical plan, adding the dental or vision | ||
insurance for the child is at the discretion of the | ||
court. | ||
(I) If a parent has been directed to provide health | ||
insurance pursuant to this paragraph and that parent's | ||
spouse or legally recognized partner provides the | ||
insurance for the benefit of the child either directly | ||
or through employment, a credit on the child support | ||
worksheet shall be given to that parent in the same | ||
manner as if the premium were paid by that parent. | ||
parents and . including, but not limited to, student | ||
loans
| ||
(4.5) In a proceeding for child support following | ||
dissolution of the
marriage or civil union by a court that |
lacked personal jurisdiction over the absent spouse,
and in | ||
which the court is requiring payment of support for the | ||
period before
the date an order for current support is | ||
entered, there is a rebuttable
presumption
that the | ||
obligor's supporting party's net income for the prior | ||
period was the same as his
or her net income at the time | ||
the order for current support is entered.
| ||
(5) If the net income cannot be determined because of | ||
default or any
other reason, the court shall order support | ||
in an amount considered
reasonable in the particular case. | ||
The final order in all cases shall
state the support level | ||
in dollar amounts.
However, if the
court finds that the | ||
child support amount cannot be expressed exclusively as a
| ||
dollar amount because all or a portion of the obligor's | ||
supporting parent's net income is uncertain
as to source, | ||
time of payment, or amount, the court may order a | ||
percentage
amount of support in addition to a specific | ||
dollar amount and enter
such other orders as may be | ||
necessary to determine and enforce, on a timely
basis, the | ||
applicable support ordered.
| ||
(6) If (i) the obligor supporting parent was properly | ||
served with a request
for
discovery of financial | ||
information relating to the obligor's supporting parent's
| ||
ability to
provide child support, (ii) the obligor | ||
supporting parent failed to comply with the
request,
| ||
despite having been ordered to do so by the court, and |
(iii) the obligor supporting
parent is not present at the | ||
hearing to determine support despite having
received
| ||
proper notice, then any relevant financial information | ||
concerning the obligor's
supporting parent's ability to | ||
provide child support that was obtained
pursuant to
| ||
subpoena and proper notice shall be admitted into evidence | ||
without the need to
establish any further foundation for | ||
its admission.
| ||
(a-5) In an action to enforce an order for child support | ||
based on the obligor's
failure
of the supporting parent to make | ||
support payments as required by the order, notice of | ||
proceedings to
hold the obligor supporting parent in contempt | ||
for that failure may be served on the obligor
supporting parent | ||
by personal service or by regular mail addressed to the last | ||
known address of the obligor supporting parent . The last known | ||
address of the obligor supporting parent may be determined from
| ||
records of the clerk of the court, from the Federal Case | ||
Registry of Child
Support Orders, or by any other reasonable | ||
means.
| ||
(b) Failure of either parent to comply with an order to pay | ||
support shall
be punishable as in other cases of contempt. In | ||
addition to other
penalties provided by law the court may, | ||
after finding the parent guilty
of contempt, order that the | ||
parent be:
| ||
(1) placed on probation with such conditions of | ||
probation as the court
deems advisable;
|
(2) sentenced to periodic imprisonment for a period not | ||
to exceed 6
months; provided, however, that the court may | ||
permit the parent to be
released for periods of time during | ||
the day or night to:
| ||
(A) work; or
| ||
(B) conduct a business or other self-employed | ||
occupation.
| ||
The court may further order any part or all of the earnings | ||
of a parent
during a sentence of periodic imprisonment paid to | ||
the Clerk of the Circuit
Court or to the parent having physical | ||
possession of the child receiving the support or to the | ||
non-parent custodian having custody guardian receiving the | ||
support
of the child children of the sentenced parent for the | ||
support of the child said
children until further order of the | ||
court.
| ||
If a parent who is found guilty of contempt for failure to | ||
comply with an order to pay support is a person who conducts a | ||
business or who is self-employed, the court in addition to | ||
other penalties provided by law may order that the parent do | ||
one or more of the following: (i) provide to the court monthly | ||
financial statements showing income and expenses from the | ||
business or the self-employment; (ii) seek employment and | ||
report periodically to the court with a diary, listing, or | ||
other memorandum of his or her employment search efforts; or | ||
(iii) report to the Department of Employment Security for job | ||
search services to find employment that will be subject to |
withholding for child support. | ||
If there is a unity of interest and ownership sufficient to | ||
render no
financial separation between an obligor a supporting | ||
parent and another person or
persons or business entity, the | ||
court may pierce the ownership veil of the
person, persons, or | ||
business entity to discover assets of the obligor supporting
| ||
parent held in the name of that person, those persons, or that | ||
business entity.
The following circumstances are sufficient to | ||
authorize a court to order
discovery of the assets of a person, | ||
persons, or business entity and to compel
the application of | ||
any discovered assets toward payment on the judgment for
| ||
support:
| ||
(1) the obligor supporting parent and the person, | ||
persons, or business entity
maintain records together.
| ||
(2) the obligor supporting parent and the person, | ||
persons, or business entity
fail to maintain an arm's | ||
length relationship between themselves with regard to
any | ||
assets.
| ||
(3) the obligor supporting parent transfers assets to | ||
the person, persons,
or business entity with the intent to | ||
perpetrate a fraud on the obligee parent receiving the | ||
support .
| ||
With respect to assets which
are real property, no order | ||
entered under this paragraph shall affect the
rights of bona | ||
fide purchasers, mortgagees, judgment creditors, or other lien
| ||
holders who acquire their interests in the property prior to |
the time a notice
of lis pendens pursuant to the Code of Civil | ||
Procedure or a copy of the order
is placed of record in the | ||
office of the recorder of deeds for the county in
which the | ||
real property is located.
| ||
The court may also order in cases where the parent is 90 | ||
days or more
delinquent in payment of support or has been | ||
adjudicated in arrears in an
amount equal to 90 days obligation | ||
or more, that the parent's Illinois driving
privileges be | ||
suspended until the court
determines that the parent is in | ||
compliance with the order of support.
The court may also order | ||
that the parent be issued a family financial
responsibility | ||
driving permit that would allow limited driving privileges for
| ||
employment and medical purposes in accordance with Section | ||
7-702.1 of the
Illinois Vehicle Code. The Clerk of the Circuit | ||
Court shall certify the order
suspending the driving privileges | ||
of the parent or granting the issuance of a
family financial | ||
responsibility driving permit to the Secretary of State on
| ||
forms prescribed by the Secretary of State . Upon receipt of the | ||
authenticated
documents, the Secretary of State shall suspend | ||
the parent's driving privileges
until further order of the | ||
court and shall, if ordered by the court, subject to
the | ||
provisions of Section 7-702.1 of the Illinois Vehicle Code, | ||
issue a family
financial responsibility driving permit to the | ||
parent.
| ||
In addition to the penalties or punishment that may be | ||
imposed under this
Section, any person whose conduct |
constitutes a violation of Section 15 of the
Non-Support | ||
Punishment Act may be prosecuted under that Act, and a person
| ||
convicted under that Act may be sentenced in accordance with | ||
that Act. The
sentence may include but need not be limited to a | ||
requirement that the person
perform community service under | ||
Section 50 of that Act or participate in a work
alternative | ||
program under Section 50 of that Act. A person may not be | ||
required
to participate in a work alternative program under | ||
Section 50 of that Act if
the person is currently participating | ||
in a work program pursuant to Section
505.1 of this Act.
| ||
A support obligation, or any portion of a support | ||
obligation, which becomes
due and remains unpaid as of the end | ||
of each month, excluding the child support that was due for | ||
that month to the extent that it was not paid in that month, | ||
shall accrue simple interest as set forth in Section 12-109 of | ||
the Code of Civil Procedure.
An order for support entered or | ||
modified on or after January 1, 2006 shall
contain a statement | ||
that a support obligation required under the order, or any
| ||
portion of a support obligation required under the order, that | ||
becomes due and
remains unpaid as of the end of each month, | ||
excluding the child support that was due for that month to the | ||
extent that it was not paid in that month, shall accrue simple | ||
interest as set forth in Section 12-109 of the Code of Civil | ||
Procedure. Failure to include the statement in the order for | ||
support does
not affect the validity of the order or the | ||
accrual of interest as provided in
this Section.
|
(c) A one-time charge of 20% is imposable upon the amount | ||
of
past-due child support owed on July 1, 1988 which has | ||
accrued under a
support order entered by the court. The charge | ||
shall be imposed in
accordance with the provisions of Section | ||
10-21 of the Illinois Public Aid
Code and shall be enforced by | ||
the court upon petition.
| ||
(d) Any new or existing support order entered by the court
| ||
under this Section shall be deemed to be a series of judgments | ||
against the
person obligated to pay support thereunder, each | ||
such judgment to be in the
amount of each payment or | ||
installment of support and each such judgment to
be deemed | ||
entered as of the date the corresponding payment or installment
| ||
becomes due under the terms of the support order. Each such | ||
judgment shall
have the full force, effect and attributes of | ||
any other judgment of this
State, including the ability to be | ||
enforced.
Notwithstanding any other State or local law to the | ||
contrary, a lien arises by operation of law against the real | ||
and personal property of
the obligor supporting parent for each | ||
installment of overdue support owed by the obligor
supporting | ||
parent .
| ||
(e) When child support is to be paid through the Clerk of | ||
the Court in a
county of 1,000,000 inhabitants or less, the | ||
order shall direct the obligor supporting
parent to pay to the | ||
Clerk, in addition to the child support payments, all fees
| ||
imposed by the county board under paragraph (3) of subsection | ||
(u) of
Section 27.1 of the Clerks of Courts Act. Unless paid in |
cash or pursuant to
an Income Withholding Order/Notice for | ||
Support order for withholding , the payment of the fee shall be | ||
by payment acceptable to the clerk a separate
instrument from | ||
the support payment and shall be made to the order of the
| ||
Clerk.
| ||
(f) All orders for support, when entered or
modified, shall | ||
include a provision requiring the obligor supporting parent to | ||
notify
the court and, in cases in which a party is receiving | ||
child and spouse
services under Article X of the Illinois | ||
Public Aid Code, the
Department of Healthcare and Family | ||
Services, within 7 days, (i) of the name and address
of any new | ||
employer of the obligor, (ii) whether the obligor supporting | ||
parent has access to
health insurance coverage through the | ||
employer or other group coverage and,
if so, the policy name | ||
and number and the names of persons covered under
the policy, | ||
except only the initials of any covered minors shall be | ||
included, and (iii) of any new residential or mailing address | ||
or telephone
number of the obligor supporting parent . In any | ||
subsequent action to enforce a
support order, upon a sufficient | ||
showing that a diligent effort has been made
to ascertain the | ||
location of the obligor supporting parent , service of process | ||
or
provision of notice necessary in the case may be made at the | ||
last known
address of the obligor supporting parent in any | ||
manner expressly provided by the
Code of Civil Procedure or | ||
this Act, which service shall be sufficient for
purposes of due | ||
process.
|
(g) An order for support shall include a date on which the | ||
current
support obligation terminates. The termination date | ||
shall be no earlier than
the date on which the child covered by | ||
the order will attain the age of
18. However, if the child will | ||
not graduate from high school until after
attaining the age of | ||
18, then the termination date shall be no earlier than the
| ||
earlier of the date on which the child's high school graduation | ||
will occur or
the date on which the child will attain the age | ||
of 19. The order for support
shall state that the termination | ||
date does not apply to any arrearage that may
remain unpaid on | ||
that date. Nothing in this subsection shall be construed to
| ||
prevent the court from modifying the order or terminating the | ||
order in the
event the child is otherwise emancipated.
| ||
(g-5) If there is an unpaid arrearage or delinquency (as | ||
those terms are defined in the Income Withholding for Support | ||
Act) equal to at least one month's support obligation on the | ||
termination date stated in the order for support or, if there | ||
is no termination date stated in the order, on the date the | ||
child attains the age of majority or is otherwise emancipated, | ||
the periodic amount required to be paid for current support of | ||
that child immediately prior to that date shall automatically | ||
continue to be an obligation, not as current support but as | ||
periodic payment toward satisfaction of the unpaid arrearage or | ||
delinquency. That periodic payment shall be in addition to any | ||
periodic payment previously required for satisfaction of the | ||
arrearage or delinquency. The total periodic amount to be paid |
toward satisfaction of the arrearage or delinquency may be | ||
enforced and collected by any method provided by law for | ||
enforcement and collection of child support, including but not | ||
limited to income withholding under the Income Withholding for | ||
Support Act. Each order for support entered or modified on or | ||
after the effective date of this amendatory Act of the 93rd | ||
General Assembly must contain a statement notifying the parties | ||
of the requirements of this subsection. Failure to include the | ||
statement in the order for support does not affect the validity | ||
of the order or the operation of the provisions of this | ||
subsection with regard to the order. This subsection shall not | ||
be construed to prevent or affect the establishment or | ||
modification of an order for support of a minor child or the | ||
establishment or modification of an order for support of a | ||
non-minor child or educational expenses under Section 513 of | ||
this Act.
| ||
(h) An order entered under this Section shall include a | ||
provision requiring
either parent to report to the other parent | ||
and to the Clerk of Court clerk of court within 10 days each | ||
time either parent obtains new employment, and each time either | ||
parent's
employment is terminated for any reason Clerk of | ||
Court . The report shall be in writing and
shall, in the case of | ||
new employment, include the name and address of the new
| ||
employer. Failure to report new employment or the termination | ||
of current
employment, if coupled with nonpayment of support | ||
for a period in excess of 60
days, is indirect criminal |
contempt. For either parent arrested for failure to report new | ||
employment bond shall be set in the amount of the child support | ||
that should have been paid during the period of unreported | ||
employment. An order entered under this Section shall also | ||
include a provision requiring either obligor
and obligee parent | ||
to advise the other of a change in residence within 5 days
of | ||
the change except when the court finds that the physical, | ||
mental, or
emotional health of a party or that of a child, or | ||
both, would be
seriously endangered by disclosure of the | ||
party's address.
| ||
(i) The court does not lose the powers of contempt, | ||
driver's license
suspension, or other child support | ||
enforcement mechanisms, including, but
not limited to, | ||
criminal prosecution as set forth in this Act, upon the
| ||
emancipation of the minor child or children .
| ||
(Source: P.A. 98-463, eff. 8-16-13; 98-961, eff. 1-1-15; 99-90, | ||
eff. 1-1-16; 99-763, eff. 1-1-17; 99-764, eff. 7-1-17.)
| ||
(750 ILCS 5/510) (from Ch. 40, par. 510)
| ||
(Text of Section before amendment by P.A. 99-764 ) | ||
Sec. 510. Modification and termination of provisions for
| ||
maintenance, support, educational expenses, and property | ||
disposition. | ||
(a) Except as otherwise provided in paragraph (f) of | ||
Section 502 and
in subsection (b), clause (3) of Section 505.2, | ||
the provisions of any
judgment respecting maintenance or |
support may be modified only as to
installments accruing | ||
subsequent to due notice by the moving party of the
filing of | ||
the motion for modification. An order for child
support may be | ||
modified as follows:
| ||
(1) upon a showing of a substantial change in | ||
circumstances; and
| ||
(2) without the necessity of showing a substantial | ||
change in
circumstances, as follows:
| ||
(A) upon a showing of an inconsistency of at least | ||
20%, but no
less than $10 per month, between the amount | ||
of the existing order and the
amount of child support | ||
that results from application of the guidelines
| ||
specified in Section 505 of this Act unless the | ||
inconsistency is due to the
fact that the amount of the | ||
existing order resulted from a deviation from the
| ||
guideline amount and there has not been a change in the | ||
circumstances that
resulted in that deviation; or
| ||
(B) upon a showing of a need to provide for the | ||
health care needs
of the child under the order through | ||
health insurance or other means. In no
event shall the | ||
eligibility for or receipt of medical assistance be | ||
considered
to meet the need to provide for the child's | ||
health care needs.
| ||
The provisions of subparagraph (a)(2)(A) shall apply only
| ||
in cases in which a party is receiving child support
| ||
enforcement services from the Department of Healthcare and |
Family Services under
Article X of the Illinois Public Aid | ||
Code, and only when at least 36
months have elapsed since the | ||
order for child support was entered or last
modified.
| ||
(a-5) An order for maintenance may be modified or | ||
terminated only upon a
showing of a substantial change in | ||
circumstances. In all such proceedings, as
well as in | ||
proceedings in which maintenance is being reviewed, the court | ||
shall
consider the applicable factors set forth in subsection | ||
(a) of Section 504 and
the following factors:
| ||
(1) any change in the employment status of either party | ||
and whether the
change has been made
in good faith;
| ||
(2) the efforts, if any, made by the party receiving | ||
maintenance to become
self-supporting, and
the | ||
reasonableness of the efforts where they are appropriate;
| ||
(3) any impairment of the present and future earning | ||
capacity of either
party;
| ||
(4) the tax consequences of the maintenance payments | ||
upon the respective
economic
circumstances of the parties;
| ||
(5) the duration of the maintenance payments | ||
previously paid (and
remaining to be paid) relative
to the | ||
length of the marriage;
| ||
(6) the property, including retirement benefits, | ||
awarded to each party
under the judgment of
dissolution of | ||
marriage, judgment of legal separation, or judgment of
| ||
declaration of invalidity of
marriage and the present | ||
status of the property;
|
(7) the increase or decrease in each party's income | ||
since the prior
judgment or order from which
a review, | ||
modification, or termination is being sought;
| ||
(8) the property acquired and currently owned by each | ||
party after the
entry of the judgment of
dissolution of | ||
marriage, judgment of legal separation, or judgment of
| ||
declaration of invalidity of
marriage; and
| ||
(9) any other factor that the court expressly finds to | ||
be just and
equitable.
| ||
(a-6) In a review under subsection (b-4.5) of Section 504 | ||
of this Act, the court may enter a fixed-term maintenance award | ||
that bars future maintenance only if, at the time of the entry | ||
of the award, the marriage had lasted 10 years or less at the | ||
time the original action was commenced. | ||
(b) The provisions as to property disposition may not be | ||
revoked or
modified,
unless the court finds the existence of | ||
conditions that justify the
reopening of a judgment under the | ||
laws of this State.
| ||
(c) Unless otherwise agreed by the parties in a written | ||
agreement
set forth in the judgment or otherwise approved by | ||
the court, the obligation
to pay future maintenance is | ||
terminated upon the death of either party, or
the remarriage of | ||
the party receiving maintenance, or if the party
receiving | ||
maintenance cohabits with another person on a resident,
| ||
continuing conjugal basis. A payor's obligation to pay | ||
maintenance or unallocated maintenance terminates by operation |
of law on the date the recipient remarries or the date the | ||
court finds cohabitation began. The payor is entitled to | ||
reimbursement for all maintenance paid from that date forward. | ||
Any termination of an obligation for maintenance as a result of | ||
the death of the payor party, however, shall be inapplicable to | ||
any right of the other party or such other party's designee to | ||
receive a death benefit under such insurance on the payor | ||
party's life. A party receiving maintenance must advise the | ||
payor of his or her intention to marry at least 30 days before | ||
the remarriage, unless the decision is made within this time | ||
period. In that event, he or she must notify the other party | ||
within 72 hours of getting married. | ||
(c-5) In an adjudicated case, the court shall make specific | ||
factual findings as to the reason for the modification as well | ||
as the amount, nature, and duration of the modified maintenance | ||
award.
| ||
(d) Unless otherwise provided in this Act, or as agreed in | ||
writing or
expressly
provided in the
judgment, provisions for | ||
the support of a child are terminated by emancipation
of the
| ||
child, or if the child has attained the age of 18 and is still | ||
attending
high school,
provisions for the support of the child | ||
are terminated upon the date that the
child
graduates from high | ||
school or the date the child attains the age of 19,
whichever | ||
is
earlier, but not by the death of a parent obligated to | ||
support or educate the
child.
An existing obligation to pay for | ||
support
or educational expenses, or both, is not terminated by |
the death of a
parent. When a parent obligated to pay support | ||
or educational
expenses, or both, dies, the amount of support | ||
or educational expenses, or
both, may be enforced, modified, | ||
revoked or commuted to a lump sum payment,
as equity may | ||
require, and that determination may be provided for at the
time | ||
of the dissolution of the marriage or thereafter.
| ||
(e) The right to petition for support or educational | ||
expenses, or both,
under Sections 505 and 513 is not | ||
extinguished by the death of a parent.
Upon a petition filed | ||
before or after a parent's death, the court may award
sums of | ||
money out of the decedent's estate for the child's support or
| ||
educational expenses, or both, as equity may require. The time | ||
within
which a claim may be filed against the estate of a | ||
decedent under Sections
505 and 513 and subsection (d) and this | ||
subsection shall be governed by the
provisions of the Probate | ||
Act of 1975, as a barrable, noncontingent claim.
| ||
(f) A petition to modify or terminate child support or | ||
allocation of parental responsibilities shall not delay any | ||
child support enforcement litigation or
supplementary | ||
proceeding on behalf of the obligee, including, but not limited
| ||
to, a petition for a rule to show cause, for non-wage | ||
garnishment, or for a
restraining order.
| ||
(Source: P.A. 99-90, eff. 1-1-16.)
| ||
(Text of Section after amendment by P.A. 99-764 ) | ||
Sec. 510. Modification and termination of provisions for
|
maintenance, support, educational expenses, and property | ||
disposition.
| ||
(a) Except as otherwise provided in paragraph (f) of | ||
Section 502 and
in subsection (b), clause (3) of Section 505.2, | ||
the provisions of any
judgment respecting maintenance or | ||
support may be modified only as to
installments accruing | ||
subsequent to due notice by the moving party of the
filing of | ||
the motion for modification. An order for child
support may be | ||
modified as follows:
| ||
(1) upon a showing of a substantial change in | ||
circumstances; and
| ||
(2) without the necessity of showing a substantial | ||
change in
circumstances, as follows:
| ||
(A) upon a showing of an inconsistency of at least | ||
20%, but no
less than $10 per month, between the amount | ||
of the existing order and the
amount of child support | ||
that results from application of the guidelines
| ||
specified in Section 505 of this Act unless the | ||
inconsistency is due to the
fact that the amount of the | ||
existing order resulted from a deviation from the
| ||
guideline amount and there has not been a change in the | ||
circumstances that
resulted in that deviation; or
| ||
(B) upon a showing of a need to provide for the | ||
health care needs
of the child under the order through | ||
health insurance or other means. In no
event shall the | ||
eligibility for or receipt of medical assistance be |
considered
to meet the need to provide for the child's | ||
health care needs.
| ||
The provisions of subparagraph (a)(2)(A) shall apply only
| ||
in cases in which a party is receiving child support
| ||
enforcement services from the Department of Healthcare and | ||
Family Services under
Article X of the Illinois Public Aid | ||
Code, and only when at least 36
months have elapsed since the | ||
order for child support was entered or last
modified.
| ||
The court may grant a petition for modification that seeks | ||
to apply the changes made to subsection (a) of Section 505 by | ||
Public Act 99-764 this amendatory Act of the 99th General | ||
Assembly to an order entered before the effective date of | ||
Public Act 99-764 this amendatory Act of the 99th General | ||
Assembly only upon a finding of a substantial change in | ||
circumstances that warrants application of the changes. The | ||
enactment of Public Act 99-764 this amendatory Act of the 99th | ||
General Assembly itself does not constitute a substantial | ||
change in circumstances warranting a modification. | ||
(a-5) An order for maintenance may be modified or | ||
terminated only upon a
showing of a substantial change in | ||
circumstances. In all such proceedings, as
well as in | ||
proceedings in which maintenance is being reviewed, the court | ||
shall
consider the applicable factors set forth in subsection | ||
(a) of Section 504 and
the following factors:
| ||
(1) any change in the employment status of either party | ||
and whether the
change has been made
in good faith;
|
(2) the efforts, if any, made by the party receiving | ||
maintenance to become
self-supporting, and
the | ||
reasonableness of the efforts where they are appropriate;
| ||
(3) any impairment of the present and future earning | ||
capacity of either
party;
| ||
(4) the tax consequences of the maintenance payments | ||
upon the respective
economic
circumstances of the parties;
| ||
(5) the duration of the maintenance payments | ||
previously paid (and
remaining to be paid) relative
to the | ||
length of the marriage;
| ||
(6) the property, including retirement benefits, | ||
awarded to each party
under the judgment of
dissolution of | ||
marriage, judgment of legal separation, or judgment of
| ||
declaration of invalidity of
marriage and the present | ||
status of the property;
| ||
(7) the increase or decrease in each party's income | ||
since the prior
judgment or order from which
a review, | ||
modification, or termination is being sought;
| ||
(8) the property acquired and currently owned by each | ||
party after the
entry of the judgment of
dissolution of | ||
marriage, judgment of legal separation, or judgment of
| ||
declaration of invalidity of
marriage; and
| ||
(9) any other factor that the court expressly finds to | ||
be just and
equitable.
| ||
(a-6) In a review under subsection (b-4.5) of Section 504 | ||
of this Act, the court may enter a fixed-term maintenance award |
that bars future maintenance only if, at the time of the entry | ||
of the award, the marriage had lasted 10 years or less at the | ||
time the original action was commenced. | ||
(b) The provisions as to property disposition may not be | ||
revoked or
modified,
unless the court finds the existence of | ||
conditions that justify the
reopening of a judgment under the | ||
laws of this State.
| ||
(c) Unless otherwise agreed by the parties in a written | ||
agreement
set forth in the judgment or otherwise approved by | ||
the court, the obligation
to pay future maintenance is | ||
terminated upon the death of either party, or
the remarriage of | ||
the party receiving maintenance, or if the party
receiving | ||
maintenance cohabits with another person on a resident,
| ||
continuing conjugal basis. An obligor's A payor's obligation to | ||
pay maintenance or unallocated maintenance terminates by | ||
operation of law on the date the obligee recipient remarries or | ||
the date the court finds cohabitation began. The obligor payor | ||
is entitled to reimbursement for all maintenance paid from that | ||
date forward. Any termination of an obligation for maintenance | ||
as a result of the death of the obligor payor party , however, | ||
shall be inapplicable to any right of the other party or such | ||
other party's designee to receive a death benefit under such | ||
insurance on the obligor's payor party's life. An obligee A | ||
party receiving maintenance must advise the obligor payor of | ||
his or her intention to marry at least 30 days before the | ||
remarriage, unless the decision is made within this time |
period. In that event, he or she must notify the obligor other | ||
party within 72 hours of getting married. | ||
(c-5) In an adjudicated case, the court shall make specific | ||
factual findings as to the reason for the modification as well | ||
as the amount, nature, and duration of the modified maintenance | ||
award.
| ||
(d) Unless otherwise provided in this Act, or as agreed in | ||
writing or
expressly
provided in the
judgment, provisions for | ||
the support of a child are terminated by emancipation
of the
| ||
child, or if the child has attained the age of 18 and is still | ||
attending
high school,
provisions for the support of the child | ||
are terminated upon the date that the
child
graduates from high | ||
school or the date the child attains the age of 19,
whichever | ||
is
earlier, but not by the death of a parent obligated to | ||
support or educate the
child.
An existing obligation to pay for | ||
support
or educational expenses, or both, is not terminated by | ||
the death of a
parent. When a parent obligated to pay support | ||
or educational
expenses, or both, dies, the amount of support | ||
or educational expenses, or
both, may be enforced, modified, | ||
revoked or commuted to a lump sum payment,
as equity may | ||
require, and that determination may be provided for at the
time | ||
of the dissolution of the marriage or thereafter.
| ||
(e) The right to petition for support or educational | ||
expenses, or both,
under Sections 505 , and 513 , and 513.5 is | ||
not extinguished by the death of a parent.
Upon a petition | ||
filed before or after a parent's death, the court may award
|
sums of money out of the decedent's estate for the child's | ||
support or
educational expenses, or both, as equity may | ||
require. The time within
which a claim may be filed against the | ||
estate of a decedent under Sections
505 and 513 and subsection | ||
(d) and this subsection shall be governed by the
provisions of | ||
the Probate Act of 1975, as a barrable, noncontingent claim.
| ||
(f) A petition to modify or terminate child support or the | ||
allocation of parental responsibilities , including parenting | ||
time, shall not delay any child support enforcement litigation | ||
or
supplementary proceeding on behalf of the obligee, | ||
including, but not limited
to, a petition for a rule to show | ||
cause, for non-wage garnishment, or for a
restraining order.
| ||
(Source: P.A. 99-90, eff. 1-1-16; 99-764, eff. 7-1-17; revised | ||
9-8-16.)
| ||
Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act. | ||
Section 99. Effective date. This Act takes effect July 1, | ||
2017.
|