Illinois General Assembly - Full Text of Public Act 094-0089
Illinois General Assembly

Previous General Assemblies

Public Act 094-0089




Public Act 094-0089
SB0095 Enrolled LRB094 03452 LCB 33455 b

    AN ACT concerning family law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 504 as follows:
    (750 ILCS 5/504)  (from Ch. 40, par. 504)
    Sec. 504. Maintenance.
    (a) In a proceeding for dissolution of marriage or legal
separation or declaration of invalidity of marriage, or a
proceeding for maintenance following dissolution of the
marriage by a court which lacked personal jurisdiction over the
absent spouse, the court may grant a temporary or permanent
maintenance award for either spouse in amounts and for periods
of time as the court deems just, without regard to marital
misconduct, in gross or for fixed or indefinite periods of
time, and the maintenance may be paid from the income or
property of the other spouse after consideration of all
relevant factors, including:
        (1) the income and property of each party, including
    marital property apportioned and non-marital property
    assigned to the party seeking maintenance;
        (2) the needs of each party;
        (3) the present and future earning capacity of each
        (4) any impairment of the present and future earning
    capacity of the party seeking maintenance due to that party
    devoting time to domestic duties or having forgone or
    delayed education, training, employment, or career
    opportunities due to the marriage;
        (5) the time necessary to enable the party seeking
    maintenance to acquire appropriate education, training,
    and employment, and whether that party is able to support
    himself or herself through appropriate employment or is the
    custodian of a child making it appropriate that the
    custodian not seek employment;
        (6) the standard of living established during the
        (7) the duration of the marriage;
        (8) the age and the physical and emotional condition of
    both parties;
        (9) the tax consequences of the property division upon
    the respective economic circumstances of the parties;
        (10) contributions and services by the party seeking
    maintenance to the education, training, career or career
    potential, or license of the other spouse;
        (11) any valid agreement of the parties; and
        (12) any other factor that the court expressly finds to
    be just and equitable.
    (b) (Blank).
    (b-5) Any maintenance obligation including any unallocated
maintenance and child support obligation, or any portion of any
support obligation, that becomes due and remains unpaid shall
accrue simple interest as set forth in Section 505 of this Act.
    (b-7) Any new or existing maintenance order including any
unallocated maintenance and child 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,
except no judgment shall arise as to any installment coming due
after the termination of maintenance as provided by Section 510
of the Illinois Marriage and Dissolution of Marriage Act or the
provisions of any order for maintenance. Each such judgment
shall have the full force, effect and attributes of any other
judgment of this State, including the ability to be enforced. A
lien arises by operation of law against the real and personal
property of the obligor for each installment of overdue support
owed by the obligor.
    (c) The court may grant and enforce the payment of
maintenance during the pendency of an appeal as the court shall
deem reasonable and proper.
    (d) No maintenance shall accrue during the period in which
a party is imprisoned for failure to comply with the court's
order for the payment of such maintenance.
    (e) When maintenance 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 to pay to the clerk, in addition to
the maintenance 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
order for withholding, the payment of the fee shall be by a
separate instrument from the support payment and shall be made
to the order of the Clerk.
(Source: P.A. 91-357, eff. 7-29-99.)

Effective Date: 1/1/2006