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1 | | AN ACT concerning civil law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Marriage and Dissolution of |
5 | | Marriage Act is amended by changing Sections 505 and 510 as |
6 | | follows:
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7 | | (750 ILCS 5/505) (from Ch. 40, par. 505)
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8 | | Sec. 505. Child support; contempt; penalties.
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9 | | (a) In a proceeding for dissolution of marriage, legal |
10 | | separation,
declaration of invalidity of marriage, dissolution |
11 | | of a civil union, a proceeding for child support
following |
12 | | dissolution of the marriage or civil union by a court that |
13 | | lacked personal
jurisdiction over the absent spouse, a |
14 | | proceeding for modification of a
previous order for child |
15 | | support under Section 510 of this Act, or any
proceeding |
16 | | authorized under Section 501 or 601 of this Act, the court may
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17 | | order either or both parents owing a duty of support to a child |
18 | | of the
marriage or civil union to pay an amount reasonable and |
19 | | necessary for the support of the child, without
regard to |
20 | | marital misconduct . The duty of support owed to a child
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21 | | includes the obligation to provide for the reasonable and |
22 | | necessary
educational, physical, mental and emotional health |
23 | | needs of the child.
For purposes of this Section, the term |
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1 | | "child" shall include any child under
age 18 and
any child |
2 | | under age 19 or younger who is still attending high school.
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3 | | (1) Child support guidelines. The Department of |
4 | | Healthcare and Family Services shall adopt rules |
5 | | establishing child support guidelines which include |
6 | | worksheets to aid in the calculation of the child support |
7 | | award and a table that reflects the percentage of combined |
8 | | net income that parents living in the same household in |
9 | | this State ordinarily spend on their children. The child |
10 | | support guidelines have the following purposes: |
11 | | (A) to establish as State policy an adequate |
12 | | standard of support for children, subject to the |
13 | | ability of parents to pay; |
14 | | (B) to make awards more equitable by ensuring more |
15 | | consistent treatment of persons in similar |
16 | | circumstances; |
17 | | (C) to improve the efficiency of the court process |
18 | | by promoting settlements and giving courts and the |
19 | | parties guidance in establishing levels of awards; |
20 | | (D) to calculate child support based upon the |
21 | | parents' combined adjusted net income estimated to |
22 | | have been allocated to the child if the parents and |
23 | | children were living in an intact household; |
24 | | (E) to adjust the child support based upon the |
25 | | needs of the children;
and |
26 | | (F) to allocate the amount of child support to be |
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1 | | paid by each parent based upon the child support and |
2 | | the child's physical care arrangements. |
3 | | (2) Duty of support. The court shall award child |
4 | | support in each case by applying the child support |
5 | | guidelines unless the court makes a finding that |
6 | | application of the guidelines would be inappropriate, |
7 | | after considering the best interest of the child in light |
8 | | of evidence which shows relevant factors including, but not |
9 | | limited to, one or more of the following: |
10 | | (A) the financial resources and needs of the child; |
11 | | (B) the financial resources and needs of the |
12 | | custodial parent; |
13 | | (C) the standard of living the child would have |
14 | | enjoyed had the marriage or civil union not been |
15 | | dissolved; |
16 | | (D) the physical and emotional condition of the |
17 | | child and his or her educational needs; and |
18 | | (E) the financial resources and needs of the |
19 | | noncustodial parent. |
20 | | (3) Income. |
21 | | (A) As used in this Section, "gross income" means |
22 | | the total of all income from all sources, except "gross |
23 | | income" does not include (i) benefits received by the |
24 | | parent from means-tested public assistance programs, |
25 | | including, but not limited to, Temporary Assistance to |
26 | | Needy Families, Supplemental Security Income, and the |
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1 | | Supplemental Nutrition Assistance Program or (ii) |
2 | | benefits and income received by the parent for other |
3 | | children in the household, including, but not limited |
4 | | to, child support, survivor benefits, and foster care |
5 | | payments. Social security disability and retirement |
6 | | benefits paid for the benefit of the subject child must |
7 | | be included in the disabled or retired parent's gross |
8 | | income for purposes of calculating the parent's child |
9 | | support obligation, but the parent is entitled to a |
10 | | child support credit for the amount of benefits paid to |
11 | | the other parent for the child. Spousal support or |
12 | | spousal maintenance received pursuant to a court order |
13 | | in the pending proceedings or any other proceedings |
14 | | must be included in the recipient's gross income for |
15 | | purposes of calculating the parent's child support |
16 | | obligation. |
17 | | (B) As used in this Section, "net income" means |
18 | | gross income minus either the standardized tax amount |
19 | | calculated pursuant to subparagraph (C) of this |
20 | | paragraph (3) or the individualized tax amount |
21 | | calculated pursuant to subparagraph (D) of this |
22 | | paragraph (3), and minus any adjustments pursuant to |
23 | | subparagraph (F) of this paragraph (3). The |
24 | | standardized tax amount shall be used unless the |
25 | | requirements for an individualized tax amount set |
26 | | forth in subparagraph (F) of this paragraph (3) are |
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1 | | met. |
2 | | (C) As used in this Section, "standardized tax |
3 | | amount" means the total of federal and state income |
4 | | taxes for a single person claiming the standard tax |
5 | | deduction, one personal exemption, and the applicable |
6 | | number of dependency exemptions for the minor child or |
7 | | children of the parties, and Social Security tax and |
8 | | Medicaid tax calculated at the Federal Insurance |
9 | | Contributions Act rate. |
10 | | (I) Unless a court has previously determined |
11 | | otherwise or the parties otherwise agree, the |
12 | | custodial parent shall be deemed entitled to claim |
13 | | the dependency exemption for the parties' minor |
14 | | child or children. |
15 | | (II) The Department of Healthcare and Family |
16 | | Services shall promulgate a chart that computes |
17 | | net income by deducting the standardized tax |
18 | | amount from gross income. |
19 | | (D) As used in this Section, "individualized tax |
20 | | amount" means the aggregate of the following taxes: |
21 | | (I) federal income tax (properly calculated |
22 | | withholding or estimated payments); |
23 | | (II) State income tax (properly calculated |
24 | | withholding or estimated payments); and |
25 | | (III) Social Security (or, if none, mandatory |
26 | | retirement contributions required by law or as a |
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1 | | condition of employment) and Medicare tax |
2 | | calculated at the Federal Insurance Contributions |
3 | | Act rate. |
4 | | (E) In lieu of a standardized tax amount, a |
5 | | determination of an individualized tax amount may be |
6 | | made under items (I), (II), or (III) below. If an |
7 | | individualized tax amount determination is made under |
8 | | this subparagraph (E), all relevant tax attributes |
9 | | (including filing status, allocation of dependency |
10 | | exemptions, and whether a party is to claim the |
11 | | standard deduction or itemized deductions for federal |
12 | | income tax purposes) shall be as the parties agree or |
13 | | as the court determines. To determine a party's |
14 | | reported income, the court may order the party to |
15 | | complete an Internal Revenue Service Form 4506-T, |
16 | | Request for Tax Transcript. |
17 | | (I) Agreement. Irrespective of whether the |
18 | | parties agree on any other issue before the court, |
19 | | if they jointly stipulate for the record their |
20 | | concurrence on a computation method for the |
21 | | individualized tax amount that is different from |
22 | | the method set forth under subparagraph (D), the |
23 | | stipulated method shall be used by the court unless |
24 | | the court rejects the proposed stipulated method |
25 | | for good cause. |
26 | | (II) Summary hearing. If the court determines |
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1 | | child support in a summary hearing under Section |
2 | | 501 and an eligible party opts in to the |
3 | | computation method under this item (II), the |
4 | | individualized tax amount shall be determined by |
5 | | the court on the basis of information contained in |
6 | | one or both parties' financial disclosure |
7 | | statement, financial affidavit, or similar |
8 | | instrument and relevant supporting documents under |
9 | | applicable court rules. No party, however, is |
10 | | eligible to opt in unless the party, under |
11 | | applicable rules, has served the other party with |
12 | | the required statement, affidavit, or other |
13 | | instrument and has also substantially turned over |
14 | | supporting documents to the extent required by the |
15 | | applicable rule at the time of service of the |
16 | | statement, affidavit, or other instrument. |
17 | | (III) Evidentiary hearing. If the court |
18 | | determines child support in an evidentiary |
19 | | hearing, whether for purposes of a temporary order |
20 | | or at the conclusion of a proceeding, item (II) of |
21 | | this subparagraph (E) does not apply. In each such |
22 | | case (unless item (I) governs), the individualized |
23 | | tax amount shall be as determined by the court on |
24 | | the basis of the record established. |
25 | | (F) Adjustments to gross income. |
26 | | (I) If a parent also is legally responsible for |
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1 | | support of children not shared with the other |
2 | | parent and not subject to the present proceeding, |
3 | | there shall be an adjustment to gross income as |
4 | | follows: |
5 | | (i) The amount of child support actually |
6 | | paid by the parent pursuant to a support order |
7 | | shall be deducted from the parent's gross |
8 | | income. |
9 | | (ii) The amount of financial support |
10 | | actually paid by the parent for children living |
11 | | in or outside of that parent's household or 75% |
12 | | of the support the parent would pay under the |
13 | | child support guidelines, whichever is less, |
14 | | shall be deducted from that parent's gross |
15 | | income. |
16 | | (II) Obligations pursuant to a court order for |
17 | | maintenance in the pending proceeding actually |
18 | | paid or payable under Section 504 to the same party |
19 | | to whom child support is to be payable shall be |
20 | | deducted from the parent's gross income. |
21 | | (3.1) Business income.
For purposes of calculating |
22 | | child support, net business income from the operation of a |
23 | | business means gross receipts minus ordinary and necessary |
24 | | expenses required to carry on the trade or business. As |
25 | | used in this paragraph, "business" includes, but is not |
26 | | limited to, sole proprietorships, closely held |
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1 | | corporations, partnerships, other flow-through business |
2 | | entities, and self-employment. The court shall apply the |
3 | | following: |
4 | | (A) The accelerated component of depreciation and |
5 | | any business expenses determined either judicially or |
6 | | administratively to be inappropriate or excessive |
7 | | shall be excluded from the total of ordinary and |
8 | | necessary business expenses to be deducted in the |
9 | | determination of net business income from gross |
10 | | business income. |
11 | | (B) Any item of reimbursement or in-kind payment |
12 | | received by a parent from the business, including, but |
13 | | not limited to, a company car, free housing or a |
14 | | housing allowance, or reimbursed meals, shall be |
15 | | counted as income if not otherwise included in the |
16 | | recipient's gross income, if the item is significant in |
17 | | amount and reduces personal expenses. |
18 | | (3.2) Unemployment or underemployment.
If a parent is |
19 | | voluntarily unemployed or underemployed, child support |
20 | | shall be calculated based on a determination of potential |
21 | | income. A determination of potential income shall be made |
22 | | by determining employment potential and probable earnings |
23 | | level based on the obligor's work history, occupational |
24 | | qualifications, prevailing job opportunities, the |
25 | | ownership by a parent of a substantial non-income producing |
26 | | asset, and earnings levels in the community. If there is |
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1 | | insufficient work history to determine employment |
2 | | potential and probable earnings level, there shall be a |
3 | | rebuttable presumption that the parent's potential income |
4 | | is 75% of the most recent United States Department of |
5 | | Health and Human Services Federal Poverty Guidelines for a |
6 | | family of one person. |
7 | | (3.3) Minimum orders.
There is a rebuttable |
8 | | presumption in any judicial or administrative proceeding |
9 | | for child support that the amount of the award which would |
10 | | result from the application of the child support guidelines |
11 | | is the correct amount of child support to be awarded. |
12 | | There is a rebuttable presumption that a minimum child |
13 | | support obligation of $40 per month, per child, will be |
14 | | entered for a payor parent who has actual or imputed income |
15 | | at or less than 75% of the most recent United States |
16 | | Department of Health and Human Services Federal Poverty |
17 | | Guidelines for a family of one person, with a maximum total |
18 | | child support obligation for that payor of $120 per month |
19 | | to be divided equally among all of the payor parent's |
20 | | children. |
21 | | For parents with no gross income, including those who |
22 | | receive only means-tested assistance or who cannot work due |
23 | | to a medically proven disability, incarceration, or |
24 | | institutionalization, there is a rebuttable presumption |
25 | | that the $40 per month minimum support order is |
26 | | inappropriate and a zero dollar order shall be entered. |
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1 | | (3.4) Deviation factors.
In any action to establish or |
2 | | modify child support, whether temporary or permanent, the |
3 | | child support guidelines shall be used as a rebuttable |
4 | | presumption for the establishment or modification of the |
5 | | amount of child support. The court may deviate from the |
6 | | child support guidelines if the application would be |
7 | | inequitable, unjust, or inappropriate. Any deviation shall |
8 | | be accompanied by written findings by the court specifying |
9 | | the reasons for the deviation and the presumed amount under |
10 | | the child support guidelines without a deviation. These |
11 | | reasons may include: |
12 | | (A) extraordinary medical expenditures necessary |
13 | | to preserve the life or health of a party or a child of |
14 | | either or both of the parties; |
15 | | (B) additional expenses incurred for a child |
16 | | subject to the child support order who has special |
17 | | medical, physical, or developmental needs; and |
18 | | (C) any other factor the court determines should be |
19 | | applied upon a finding that the application of the |
20 | | child support guidelines would be inappropriate, after |
21 | | considering the best interest of the child. |
22 | | (3.5) Income in excess of table. A court may use |
23 | | discretion to determine child support if the combined |
24 | | adjusted gross income exceeds the uppermost levels of the |
25 | | schedule of basic child support obligations, except that |
26 | | the presumptive basic child support obligation shall not be |
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1 | | less than it would be based on the highest level of |
2 | | adjusted gross income set forth in the schedule of basic |
3 | | child support obligations. |
4 | | (3.6) Extracurricular activities and school expenses.
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5 | | The court, in its discretion, in addition to the basic |
6 | | child support obligation, may order either or both parents |
7 | | owing a duty of support to the child to contribute to the |
8 | | reasonable school and extracurricular activity expenses |
9 | | incurred which are intended to enhance the educational, |
10 | | athletic, social, or cultural development of the child. |
11 | | (3.7) Child care expenses.
The court, in its |
12 | | discretion, in addition to the basic child support |
13 | | obligation, may order either or both parents owing a duty |
14 | | of support to the child to contribute to the reasonable |
15 | | child care expenses of the child. The child care expenses |
16 | | shall be made payable directly to a party or directly to |
17 | | the child care provider at the time of services. |
18 | | (A) As used in this paragraph (3.7), "child care |
19 | | expenses" means actual annualized monthly child care |
20 | | expenses reasonably necessary to enable a parent or |
21 | | non-parent custodian to be employed, attend education |
22 | | and training activities, or job search, and includes |
23 | | after-school care and all work-related child care |
24 | | expenses incurred while receiving education or |
25 | | training to improve employment opportunities. "Child |
26 | | care expenses" includes deposits for the retention of |
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1 | | securing placement in child care programs. "Child care |
2 | | expenses" may include camps when school is not in |
3 | | session. Parties may agree on additional day camps. |
4 | | Child care expenses due to a child's special needs |
5 | | shall be a consideration in determining reasonable |
6 | | child care expenses for a child with special needs. |
7 | | (B) Child care expenses shall be calculated as set |
8 | | forth in this paragraph. Child care expenses shall be |
9 | | prorated in proportion to each parent's percentage |
10 | | share of combined parental net income, and added to the |
11 | | basic child support obligation. The obligor's portion |
12 | | of actual child care expenses shall appear in the |
13 | | support order. The obligee's share of child care |
14 | | expenses shall be paid by the obligee directly to the |
15 | | child care provider. |
16 | | (C) The amount of child care expenses shall be |
17 | | adequate to obtain reasonable and necessary child |
18 | | care. The family's actual child care expenses shall be |
19 | | used to calculate the child care expense |
20 | | contributions, if available. When actual child care |
21 | | expenses vary, the actual child care expenses shall be |
22 | | averaged over the most recent 12-month period. When the |
23 | | parent is temporarily unemployed or temporarily not |
24 | | attending school, then child care expenses shall be |
25 | | based upon prospective expenses to be incurred upon |
26 | | return to employment. |
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1 | | (D) An order for child care expenses may be |
2 | | modified upon a showing of a substantial change in |
3 | | circumstances. Persons incurring child care expenses |
4 | | shall notify the obligor within 14 days of any change |
5 | | in the amount of child care expenses that would affect |
6 | | the annualized child care amount as determined in the |
7 | | support order. |
8 | | (3.8) Shared parenting. If each parent exercises 146 or |
9 | | more overnights per year with the child, the basic child |
10 | | support obligation is multiplied by 1.5 to calculate the |
11 | | shared care child support obligation. The child support |
12 | | obligation is then computed for each parent by multiplying |
13 | | that parent's portion of the shared care support obligation |
14 | | by the percentage of time the child spends with the other |
15 | | parent. The respective child support obligations are then |
16 | | offset, with the parent owing more child support paying the |
17 | | difference between the 2 amounts. Child support for cases |
18 | | with shared physical care are calculated using a child |
19 | | support worksheet promulgated by the Department of |
20 | | Healthcare and Family Services. An adjustment for shared |
21 | | physical care is made only when each parent has the child |
22 | | for 146 or more overnights per year. |
23 | | (3.9) Split care.
Split care refers to a situation in |
24 | | which there is more than one child and each parent has |
25 | | physical care of at least one but not all of the children. |
26 | | In a split care situation, the support is calculated by |
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1 | | using 2 child support worksheets to determine the support |
2 | | each parent owes the other. The resulting obligations are |
3 | | then offset, with one parent owing the other the difference |
4 | | as a child support order. The support shall be calculated |
5 | | as follows: |
6 | | (A) compute the support the first parent would owe |
7 | | to other parent as if the child in his or her care was |
8 | | the only child of the parties; then |
9 | | (B) compute the support the other parent would owe |
10 | | to the first parent as if the child in his or her care |
11 | | were the only child of the parties; then |
12 | | (C) subtract the lesser support obligation from |
13 | | the greater. |
14 | | The parent who owes the greater obligation shall be |
15 | | ordered to pay the difference in support to the other |
16 | | parent, unless the court determines, pursuant to other |
17 | | provisions of this Section, that it should deviate from the |
18 | | guidelines. |
19 | | (4) Health care. |
20 | | (A) A portion of the basic child support obligation |
21 | | is intended to cover basic ordinary out-of-pocket |
22 | | medical expenses. The court, in its discretion, in |
23 | | addition to the basic child support obligation, shall |
24 | | also provide for the child's current and future medical |
25 | | needs by ordering either or both parents to initiate |
26 | | health or medical coverage for the child through |
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1 | | currently effective health or medical insurance |
2 | | policies held by the parent or parents, purchase either |
3 | | or all of health or medical, dental, or vision |
4 | | insurance policies for the child, or provide for the |
5 | | child's current and future medical needs through some |
6 | | other manner. |
7 | | (B) The court, in its discretion, may also order |
8 | | either or both parents to contribute to the reasonable |
9 | | health care needs of the child not covered by |
10 | | insurance, including, but not limited to, unreimbursed |
11 | | medical, dental, orthodontic, or vision expenses and |
12 | | any prescription medication for the child not covered |
13 | | under the child's health or medical insurance. |
14 | | (C) If neither parent has access to appropriate |
15 | | private health care coverage, the court may order: |
16 | | (I) one or both parents to provide health care |
17 | | coverage at any time it becomes available at a |
18 | | reasonable cost; or |
19 | | (II) the parent with primary physical |
20 | | responsibility for the child to apply for public |
21 | | health care coverage for the child and the other |
22 | | parent to pay a reasonable amount of the cost for |
23 | | medical support. |
24 | | If cash medical support is ordered, the order may |
25 | | also provide that any time private health care coverage |
26 | | is available at a reasonable cost to that party it will |
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1 | | be provided instead of cash medical support. As used in |
2 | | this Section, "cash medical support" means an amount |
3 | | ordered to be paid toward the cost of health insurance |
4 | | provided by a public entity or by another person |
5 | | through employment or otherwise or for other medical |
6 | | costs not covered by insurance. |
7 | | (D) The amount to be added to the basic child |
8 | | support obligation shall be the actual amount of the |
9 | | total insurance premium that is attributable to the |
10 | | child who is the subject of the order. If this amount |
11 | | is not available or cannot be verified, the total cost |
12 | | of the premium shall be divided by the total number of |
13 | | persons covered by the policy. The cost per person |
14 | | derived from this calculation shall be multiplied by |
15 | | the number of children who are the subject of the order |
16 | | and who are covered under the policy. This amount shall |
17 | | be added to the basic child support obligation and |
18 | | shall be divided between the parents in proportion to |
19 | | their adjusted gross incomes. |
20 | | (E) After the health insurance premium for the |
21 | | child is added to the basic child support obligation |
22 | | and divided between the parents in proportion to their |
23 | | respective incomes for child support purposes, if the |
24 | | obligor is paying the premium, the amount calculated |
25 | | for the obligee's share of the health insurance premium |
26 | | for the child shall be deducted from the obligor's |
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1 | | share of the total child support obligation. If the |
2 | | obligee is paying the premium, no further adjustment is |
3 | | necessary. |
4 | | (F) Prior to allowing the health insurance |
5 | | adjustment, the parent requesting the adjustment must |
6 | | submit proof that the child has been enrolled in a |
7 | | health insurance plan and must submit proof of the cost |
8 | | of the premium. The court shall require the parent |
9 | | receiving the adjustment to annually submit proof of |
10 | | continued coverage of the child to the child support |
11 | | enforcement unit and to the other parent. |
12 | | (G) A reasonable cost for providing health care |
13 | | coverage for the child or children may not exceed 5% of |
14 | | the providing parent's gross income. Parents with a net |
15 | | income below 133% of the most recent United States |
16 | | Department of Health and Human Services Federal |
17 | | Poverty Guidelines or whose child is covered by |
18 | | Medicaid based on that parent's income may not be |
19 | | ordered to contribute toward or provide private |
20 | | coverage, unless private coverage is obtainable |
21 | | without any financial contribution by that parent. |
22 | | (H) If dental or vision insurance is included as |
23 | | part of the employer's medical plan, the coverage shall |
24 | | be maintained for the child. If not included in the |
25 | | employer's medical plan, adding the dental or vision |
26 | | insurance for the child is at the discretion of the |
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1 | | court. |
2 | | (I) If a parent has been directed to provide health |
3 | | insurance pursuant to this paragraph and that parent's |
4 | | spouse or legally recognized partner provides the |
5 | | insurance for the benefit of the child either directly |
6 | | or through employment, a credit on the child support |
7 | | worksheet shall be given to that parent in the same |
8 | | manner as if the premium were paid by that parent.
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9 | | (1) The Court shall determine the minimum amount of |
10 | | support by using the
following guidelines:
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11 | | Number of Children |
Percent of Supporting Party's |
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12 | | |
Net Income |
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13 | | 1 |
20% |
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14 | | 2 |
28% |
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15 | | 3 |
32% |
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16 | | 4 |
40% |
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17 | | 5 |
45% |
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18 | | 6 or more |
50% |
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19 | | (2) The above guidelines shall be applied in each case |
20 | | unless the court
finds that a deviation from the guidelines |
21 | | is appropriate after considering the best interest of the |
22 | | child in light of the evidence, including, but not limited |
23 | | to, one or more of the following relevant
factors:
|
24 | | (a) the financial resources and needs of the child;
|
25 | | (b) the financial resources and needs of the |
26 | | custodial parent;
|
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1 | | (c) the standard of living the child would have |
2 | | enjoyed had the
marriage not been dissolved;
|
3 | | (d) the physical, mental, and emotional needs of |
4 | | the child;
|
5 | | (d-5) the educational needs of the child; and |
6 | | (e) the financial resources and needs of the |
7 | | non-custodial parent.
|
8 | | If the court deviates from the guidelines, the court's |
9 | | finding
shall state the amount of support that would have |
10 | | been required under the
guidelines, if determinable. The |
11 | | court shall include the reason or reasons for
the variance |
12 | | from the
guidelines.
|
13 | | (2.5) The court, in its discretion, in addition to |
14 | | setting child support pursuant to the guidelines and |
15 | | factors, may order either or both parents owing a duty of |
16 | | support to a child of the marriage to contribute to the |
17 | | following expenses, if determined by the court to be |
18 | | reasonable: |
19 | | (a) health needs not covered by insurance; |
20 | | (b) child care; |
21 | | (c) education; and |
22 | | (d) extracurricular activities. |
23 | | (3) "Net income" is defined as the total of all income |
24 | | from all
sources, minus the following deductions:
|
25 | | (a) Federal income tax (properly calculated |
26 | | withholding or estimated
payments);
|
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1 | | (b) State income tax (properly calculated |
2 | | withholding or estimated
payments);
|
3 | | (c) Social Security (FICA payments);
|
4 | | (d) Mandatory retirement contributions required by |
5 | | law or as a
condition of employment;
|
6 | | (e) Union dues;
|
7 | | (f) Dependent and individual |
8 | | health/hospitalization insurance premiums and premiums |
9 | | for life insurance ordered by the court to reasonably |
10 | | secure payment of ordered child support;
|
11 | | (g) Prior obligations of support or maintenance |
12 | | actually paid pursuant
to a court order;
|
13 | | (g-5) Obligations pursuant to a court order for |
14 | | maintenance in the pending proceeding actually paid or |
15 | | payable under Section 504 to the same party to whom |
16 | | child support is to be payable; |
17 | | (h) Expenditures for repayment of debts that |
18 | | represent reasonable and
necessary expenses for the |
19 | | production of income, medical expenditures
necessary |
20 | | to preserve life or health, reasonable expenditures |
21 | | for the
benefit of the child and the other parent, |
22 | | exclusive of gifts. The court
shall reduce net income |
23 | | in determining the minimum amount of support to be
|
24 | | ordered only for the period that such payments are due |
25 | | and shall enter an
order containing provisions for its |
26 | | self-executing modification upon
termination of such |
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1 | | payment period;
|
2 | | (i) Foster care payments paid by the Department of |
3 | | Children and Family Services for providing licensed |
4 | | foster care to a foster child. |
5 | | (4) In cases where the court order provides for
|
6 | | health/hospitalization insurance coverage pursuant to |
7 | | Section 505.2 of
this Act, the premiums for that insurance, |
8 | | or that portion of the premiums
for which the supporting |
9 | | party is responsible in the case of insurance
provided |
10 | | through an employer's health insurance plan where
the |
11 | | employer pays a portion of the premiums, shall be |
12 | | subtracted
from net income in determining the minimum |
13 | | amount of support to be ordered.
|
14 | | (4.5) In a proceeding for child support following |
15 | | dissolution of the
marriage or civil union by a court that |
16 | | lacked personal jurisdiction over the absent spouse,
and in |
17 | | which the court is requiring payment of support for the |
18 | | period before
the date an order for current support is |
19 | | entered, there is a rebuttable
presumption
that the |
20 | | supporting party's net income for the prior period was the |
21 | | same as his
or her net income at the time the order for |
22 | | current support is entered.
|
23 | | (5) If the net income cannot be determined because of |
24 | | default or any
other reason, the court shall order support |
25 | | in an amount considered
reasonable in the particular case. |
26 | | The final order in all cases shall
state the support level |
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1 | | in dollar amounts.
However, if the
court finds that the |
2 | | child support amount cannot be expressed exclusively as a
|
3 | | dollar amount because all or a portion of the payor's net |
4 | | income is uncertain
as to source, time of payment, or |
5 | | amount, the court may order a percentage
amount of support |
6 | | in addition to a specific dollar amount and enter
such |
7 | | other orders as may be necessary to determine and enforce, |
8 | | on a timely
basis, the applicable support ordered.
|
9 | | (6) If (i) the non-custodial parent was properly served |
10 | | with a request
for
discovery of financial information |
11 | | relating to the non-custodial parent's
ability to
provide |
12 | | child support, (ii) the non-custodial parent failed to |
13 | | comply with the
request,
despite having been ordered to do |
14 | | so by the court, and (iii) the non-custodial
parent is not |
15 | | present at the hearing to determine support despite having
|
16 | | received
proper notice, then any relevant financial |
17 | | information concerning the
non-custodial parent's ability |
18 | | to provide child support that was obtained
pursuant to
|
19 | | subpoena and proper notice shall be admitted into evidence |
20 | | without the need to
establish any further foundation for |
21 | | its admission.
|
22 | | (a-5) In an action to enforce an order for support based on |
23 | | the
respondent's failure
to make support payments as required |
24 | | by the order, notice of proceedings to
hold the respondent in |
25 | | contempt for that failure may be served on the
respondent by |
26 | | personal service or by regular mail addressed to the |
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1 | | respondent's
last known address. The respondent's last known |
2 | | address may be determined from
records of the clerk of the |
3 | | court, from the Federal Case Registry of Child
Support Orders, |
4 | | or by any other reasonable means.
|
5 | | (b) Failure of either parent to comply with an order to pay |
6 | | support shall
be punishable as in other cases of contempt. In |
7 | | addition to other
penalties provided by law the court Court |
8 | | may, after finding the parent guilty
of contempt, order that |
9 | | the parent be:
|
10 | | (1) placed on probation with such conditions of |
11 | | probation as the court Court
deems advisable;
|
12 | | (2) sentenced to periodic imprisonment for a period not |
13 | | to exceed 6
months; provided, however, that the court Court |
14 | | may permit the parent to be
released for periods of time |
15 | | during the day or night to:
|
16 | | (A) work; or
|
17 | | (B) conduct a business or other self-employed |
18 | | occupation.
|
19 | | The court Court may further order any part or all of the |
20 | | earnings of a parent
during a sentence of periodic imprisonment |
21 | | paid to the Clerk of the Circuit
Court or to the parent having |
22 | | custody or to the guardian having custody
of the children of |
23 | | the sentenced parent for the support of said
children until |
24 | | further order of the court Court .
|
25 | | If a parent who is found guilty of contempt for failure to |
26 | | comply with an order to pay support is a person who conducts a |
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1 | | business or who is self-employed, the court in addition to |
2 | | other penalties provided by law may order that the parent do |
3 | | one or more of the following: (i) provide to the court monthly |
4 | | financial statements showing income and expenses from the |
5 | | business or the self-employment; (ii) seek employment and |
6 | | report periodically to the court with a diary, listing, or |
7 | | other memorandum of his or her employment search efforts; or |
8 | | (iii) report to the Department of Employment Security for job |
9 | | search services to find employment that will be subject to |
10 | | withholding for child support. |
11 | | If there is a unity of interest and ownership sufficient to |
12 | | render no
financial separation between a non-custodial parent |
13 | | and another person or
persons or business entity, the court may |
14 | | pierce the ownership veil of the
person, persons, or business |
15 | | entity to discover assets of the non-custodial
parent held in |
16 | | the name of that person, those persons, or that business |
17 | | entity.
The following circumstances are sufficient to |
18 | | authorize a court to order
discovery of the assets of a person, |
19 | | persons, or business entity and to compel
the application of |
20 | | any discovered assets toward payment on the judgment for
|
21 | | support:
|
22 | | (1) the non-custodial parent and the person, persons, |
23 | | or business entity
maintain records together.
|
24 | | (2) the non-custodial parent and the person, persons, |
25 | | or business entity
fail to maintain an arm's length |
26 | | relationship between themselves with regard to
any assets.
|
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1 | | (3) the non-custodial parent transfers assets to the |
2 | | person, persons,
or business entity with the intent to |
3 | | perpetrate a fraud on the custodial
parent.
|
4 | | With respect to assets which
are real property, no order |
5 | | entered under this paragraph shall affect the
rights of bona |
6 | | fide purchasers, mortgagees, judgment creditors, or other lien
|
7 | | holders who acquire their interests in the property prior to |
8 | | the time a notice
of lis pendens pursuant to the Code of Civil |
9 | | Procedure or a copy of the order
is placed of record in the |
10 | | office of the recorder of deeds for the county in
which the |
11 | | real property is located.
|
12 | | The court may also order in cases where the parent is 90 |
13 | | days or more
delinquent in payment of support or has been |
14 | | adjudicated in arrears in an
amount equal to 90 days obligation |
15 | | or more, that the parent's Illinois driving
privileges be |
16 | | suspended until the court
determines that the parent is in |
17 | | compliance with the order of support.
The court may also order |
18 | | that the parent be issued a family financial
responsibility |
19 | | driving permit that would allow limited driving privileges for
|
20 | | employment and medical purposes in accordance with Section |
21 | | 7-702.1 of the
Illinois Vehicle Code. The Clerk of the Circuit |
22 | | Court clerk of the circuit court shall certify the order
|
23 | | suspending the driving privileges of the parent or granting the |
24 | | issuance of a
family financial responsibility driving permit to |
25 | | the Secretary of State on
forms prescribed by the Secretary. |
26 | | Upon receipt of the authenticated
documents, the Secretary of |
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1 | | State shall suspend the parent's driving privileges
until |
2 | | further order of the court and shall, if ordered by the court, |
3 | | subject to
the provisions of Section 7-702.1 of the Illinois |
4 | | Vehicle Code, issue a family
financial responsibility driving |
5 | | permit to the parent.
|
6 | | In addition to the penalties or punishment that may be |
7 | | imposed under this
Section, any person whose conduct |
8 | | constitutes a violation of Section 15 of the
Non-Support |
9 | | Punishment Act may be prosecuted under that Act, and a person
|
10 | | convicted under that Act may be sentenced in accordance with |
11 | | that Act. The
sentence may include but need not be limited to a |
12 | | requirement that the person
perform community service under |
13 | | Section 50 of that Act or participate in a work
alternative |
14 | | program under Section 50 of that Act. A person may not be |
15 | | required
to participate in a work alternative program under |
16 | | Section 50 of that Act if
the person is currently participating |
17 | | in a work program pursuant to Section
505.1 of this Act.
|
18 | | A support obligation, or any portion of a support |
19 | | obligation, which becomes
due and remains unpaid as of the end |
20 | | of each month, excluding the child support that was due for |
21 | | that month to the extent that it was not paid in that month, |
22 | | shall accrue simple interest as set forth in Section 12-109 of |
23 | | the Code of Civil Procedure.
An order for support entered or |
24 | | modified on or after January 1, 2006 shall
contain a statement |
25 | | that a support obligation required under the order, or any
|
26 | | portion of a support obligation required under the order, that |
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1 | | becomes due and
remains unpaid as of the end of each month, |
2 | | excluding the child support that was due for that month to the |
3 | | extent that it was not paid in that month, shall accrue simple |
4 | | interest as set forth in Section 12-109 of the Code of Civil |
5 | | Procedure. Failure to include the statement in the order for |
6 | | support does
not affect the validity of the order or the |
7 | | accrual of interest as provided in
this Section.
|
8 | | (c) A one-time charge of 20% is imposable upon the amount |
9 | | of
past-due child support owed on July 1, 1988 which has |
10 | | accrued under a
support order entered by the court. The charge |
11 | | shall be imposed in
accordance with the provisions of Section |
12 | | 10-21 of the Illinois Public Aid
Code and shall be enforced by |
13 | | the court upon petition.
|
14 | | (d) Any new or existing support order entered by the court
|
15 | | under this Section shall be deemed to be a series of judgments |
16 | | against the
person obligated to pay support thereunder, each |
17 | | such judgment to be in the
amount of each payment or |
18 | | installment of support and each such judgment to
be deemed |
19 | | entered as of the date the corresponding payment or installment
|
20 | | becomes due under the terms of the support order. Each such |
21 | | judgment shall
have the full force, effect and attributes of |
22 | | any other judgment of this
State, including the ability to be |
23 | | enforced.
Notwithstanding any other State or local law to the |
24 | | contrary, a lien arises by operation of law against the real |
25 | | and personal property of
the noncustodial parent for each |
26 | | installment of overdue support owed by the
noncustodial parent.
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1 | | (e) When child support is to be paid through the Clerk of |
2 | | the Court clerk of the court in a
county of 1,000,000 |
3 | | inhabitants or less, the order shall direct the obligor
to pay |
4 | | to the Clerk clerk , in addition to the child support payments, |
5 | | all fees
imposed by the county board under paragraph (3) of |
6 | | subsection (u) of
Section 27.1 of the Clerks of Courts Act. |
7 | | Unless paid in cash or pursuant to
an order for withholding, |
8 | | the payment of the fee shall be by a separate
instrument from |
9 | | the support payment and shall be made to the order of the
|
10 | | Clerk.
|
11 | | (f) All orders for support, when entered or
modified, shall |
12 | | include a provision requiring the obligor to notify
the court |
13 | | and, in cases in which a party is receiving child and spouse
|
14 | | services under Article X of the Illinois Public Aid Code, the
|
15 | | Department of Healthcare and Family Services, within 7 days, |
16 | | (i) of the name and address
of any new employer of the obligor, |
17 | | (ii) whether the obligor has access to
health insurance |
18 | | coverage through the employer or other group coverage and,
if |
19 | | so, the policy name and number and the names of persons covered |
20 | | under
the policy, and (iii) of any new residential or mailing |
21 | | address or telephone
number of the non-custodial parent. In any |
22 | | subsequent action to enforce a
support order, upon a sufficient |
23 | | showing that a diligent effort has been made
to ascertain the |
24 | | location of the non-custodial parent, service of process or
|
25 | | provision of notice necessary in the case may be made at the |
26 | | last known
address of the non-custodial parent in any manner |
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1 | | expressly provided by the
Code of Civil Procedure or this Act, |
2 | | which service shall be sufficient for
purposes of due process.
|
3 | | (g) An order for support shall include a date on which the |
4 | | current
support obligation terminates. The termination date |
5 | | shall be no earlier than
the date on which the child covered by |
6 | | the order will attain the age of
18. However, if the child will |
7 | | not graduate from high school until after
attaining the age of |
8 | | 18, then the termination date shall be no earlier than the
|
9 | | earlier of the date on which the child's high school graduation |
10 | | will occur or
the date on which the child will attain the age |
11 | | of 19. The order for support
shall state that the termination |
12 | | date does not apply to any arrearage that may
remain unpaid on |
13 | | that date. Nothing in this subsection shall be construed to
|
14 | | prevent the court from modifying the order or terminating the |
15 | | order in the
event the child is otherwise emancipated.
|
16 | | (g-5) If there is an unpaid arrearage or delinquency (as |
17 | | those terms are defined in the Income Withholding for Support |
18 | | Act) equal to at least one month's support obligation on the |
19 | | termination date stated in the order for support or, if there |
20 | | is no termination date stated in the order, on the date the |
21 | | child attains the age of majority or is otherwise emancipated, |
22 | | the periodic amount required to be paid for current support of |
23 | | that child immediately prior to that date shall automatically |
24 | | continue to be an obligation, not as current support but as |
25 | | periodic payment toward satisfaction of the unpaid arrearage or |
26 | | delinquency. That periodic payment shall be in addition to any |
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1 | | periodic payment previously required for satisfaction of the |
2 | | arrearage or delinquency. The total periodic amount to be paid |
3 | | toward satisfaction of the arrearage or delinquency may be |
4 | | enforced and collected by any method provided by law for |
5 | | enforcement and collection of child support, including but not |
6 | | limited to income withholding under the Income Withholding for |
7 | | Support Act. Each order for support entered or modified on or |
8 | | after the effective date of this amendatory Act of the 93rd |
9 | | General Assembly must contain a statement notifying the parties |
10 | | of the requirements of this subsection. Failure to include the |
11 | | statement in the order for support does not affect the validity |
12 | | of the order or the operation of the provisions of this |
13 | | subsection with regard to the order. This subsection shall not |
14 | | be construed to prevent or affect the establishment or |
15 | | modification of an order for support of a minor child or the |
16 | | establishment or modification of an order for support of a |
17 | | non-minor child or educational expenses under Section 513 of |
18 | | this Act.
|
19 | | (h) An order entered under this Section shall include a |
20 | | provision requiring
the obligor to report to the obligee and to |
21 | | the Clerk of Court clerk of court within 10 days
each time the |
22 | | obligor obtains new employment, and each time the obligor's
|
23 | | employment is terminated for any reason. The report shall be in |
24 | | writing and
shall, in the case of new employment, include the |
25 | | name and address of the new
employer. Failure to report new |
26 | | employment or the termination of current
employment, if coupled |
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1 | | with nonpayment of support for a period in excess of 60
days, |
2 | | is indirect criminal contempt. For any obligor arrested for |
3 | | failure to
report new employment bond shall be set in the |
4 | | amount of the child support that
should have been paid during |
5 | | the period of unreported employment. An order
entered under |
6 | | this Section shall also include a provision requiring the |
7 | | obligor
and obligee parents to advise each other of a change in |
8 | | residence within 5 days
of the change except when the court |
9 | | finds that the physical, mental, or
emotional health of a party |
10 | | or that of a child, or both, would be
seriously endangered by |
11 | | disclosure of the party's address.
|
12 | | (i) The court does not lose the powers of contempt, |
13 | | driver's license
suspension, or other child support |
14 | | enforcement mechanisms, including, but
not limited to, |
15 | | criminal prosecution as set forth in this Act, upon the
|
16 | | emancipation of the minor child or children.
|
17 | | (Source: P.A. 97-186, eff. 7-22-11; 97-608, eff. 1-1-12; |
18 | | 97-813, eff. 7-13-12; 97-878, eff. 8-2-12; 97-941, eff. 1-1-13; |
19 | | 97-1029, eff. 1-1-13; 98-463, eff. 8-16-13; 98-961, eff. |
20 | | 1-1-15 .)
|
21 | | (750 ILCS 5/510) (from Ch. 40, par. 510)
|
22 | | Sec. 510. Modification and termination of provisions for
|
23 | | maintenance, support, educational expenses, and property |
24 | | disposition.
|
25 | | (a) Except as otherwise provided in paragraph (f) of |
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1 | | Section 502 and
in subsection (b), clause (3) of Section 505.2, |
2 | | the provisions of any
judgment respecting maintenance or |
3 | | support may be modified only as to
installments accruing |
4 | | subsequent to due notice by the moving party of the
filing of |
5 | | the motion for modification. An order for child
support may be |
6 | | modified as follows:
|
7 | | (1) upon a showing of a substantial change in |
8 | | circumstances; and
|
9 | | (2) without the necessity of showing a substantial |
10 | | change in
circumstances, as follows:
|
11 | | (A) upon a showing of an inconsistency of at least |
12 | | 20%, but no
less than $10 per month, between the amount |
13 | | of the existing order and the
amount of child support |
14 | | that results from application of the guidelines
|
15 | | specified in Section 505 of this Act unless the |
16 | | inconsistency is due to the
fact that the amount of the |
17 | | existing order resulted from a deviation from the
|
18 | | guideline amount and there has not been a change in the |
19 | | circumstances that
resulted in that deviation; or
|
20 | | (B) upon a showing of a need to provide for the |
21 | | health care needs
of the child under the order through |
22 | | health insurance or other means. In no
event shall the |
23 | | eligibility for or receipt of medical assistance be |
24 | | considered
to meet the need to provide for the child's |
25 | | health care needs.
|
26 | | The provisions of subparagraph (a)(2)(A) shall apply only
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1 | | in cases in which a party is receiving child support
|
2 | | enforcement services from the Department of Healthcare and |
3 | | Family Services under
Article X of the Illinois Public Aid |
4 | | Code, and only when at least 36
months have elapsed since the |
5 | | order for child support was entered or last
modified.
|
6 | | The court may grant a petition for modification that seeks |
7 | | to apply the changes made to subsection (a) of Section 505 by |
8 | | this amendatory Act of the 99th General Assembly to an order |
9 | | entered before the effective date of this amendatory Act of the |
10 | | 99th General Assembly only upon a finding of a substantial |
11 | | change in circumstances that warrants application of the |
12 | | changes. The enactment of this amendatory Act of the 99th |
13 | | General Assembly itself does not constitute a substantial |
14 | | change in circumstances warranting a modification. |
15 | | (a-5) An order for maintenance may be modified or |
16 | | terminated only upon a
showing of a substantial change in |
17 | | circumstances. In all such proceedings, as
well as in |
18 | | proceedings in which maintenance is being reviewed, the court |
19 | | shall
consider the applicable factors set forth in subsection |
20 | | (a) of Section 504 and
the following factors:
|
21 | | (1) any change in the employment status of either party |
22 | | and whether the
change has been made
in good faith;
|
23 | | (2) the efforts, if any, made by the party receiving |
24 | | maintenance to become
self-supporting, and
the |
25 | | reasonableness of the efforts where they are appropriate;
|
26 | | (3) any impairment of the present and future earning |
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1 | | capacity of either
party;
|
2 | | (4) the tax consequences of the maintenance payments |
3 | | upon the respective
economic
circumstances of the parties;
|
4 | | (5) the duration of the maintenance payments |
5 | | previously paid (and
remaining to be paid) relative
to the |
6 | | length of the marriage;
|
7 | | (6) the property, including retirement benefits, |
8 | | awarded to each party
under the judgment of
dissolution of |
9 | | marriage, judgment of legal separation, or judgment of
|
10 | | declaration of invalidity of
marriage and the present |
11 | | status of the property;
|
12 | | (7) the increase or decrease in each party's income |
13 | | since the prior
judgment or order from which
a review, |
14 | | modification, or termination is being sought;
|
15 | | (8) the property acquired and currently owned by each |
16 | | party after the
entry of the judgment of
dissolution of |
17 | | marriage, judgment of legal separation, or judgment of
|
18 | | declaration of invalidity of
marriage; and
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19 | | (9) any other factor that the court expressly finds to |
20 | | be just and
equitable.
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21 | | (b) The provisions as to property disposition may not be |
22 | | revoked or
modified,
unless the court finds the existence of |
23 | | conditions that justify the
reopening of a judgment under the |
24 | | laws of this State.
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25 | | (c) Unless otherwise agreed by the parties in a written |
26 | | agreement
set forth in the judgment or otherwise approved by |
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1 | | the court, the obligation
to pay future maintenance is |
2 | | terminated upon the death of either party, or
the remarriage of |
3 | | the party receiving maintenance, or if the party
receiving |
4 | | maintenance cohabits with another person on a resident,
|
5 | | continuing conjugal basis. Any obligation of a payor party for |
6 | | premium payments respecting insurance on such party's life |
7 | | imposed under subsection (f) of Section 504 is also terminated |
8 | | on the occurrence of any of the foregoing events, unless |
9 | | otherwise agreed by the parties. Any termination of an |
10 | | obligation for maintenance as a result of the death of the |
11 | | payor party, however, shall be inapplicable to any right of the |
12 | | other party or such other party's designee to receive a death |
13 | | benefit under such insurance on the payor party's life.
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14 | | (d) Unless otherwise provided in this Act, or as agreed in |
15 | | writing or
expressly
provided in the
judgment, provisions for |
16 | | the support of a child are terminated by emancipation
of the
|
17 | | child, or if the child has attained the age of 18 and is still |
18 | | attending
high school,
provisions for the support of the child |
19 | | are terminated upon the date that the
child
graduates from high |
20 | | school or the date the child attains the age of 19,
whichever |
21 | | is
earlier, but not by the death of a parent obligated to |
22 | | support or educate the
child.
An existing obligation to pay for |
23 | | support
or educational expenses, or both, is not terminated by |
24 | | the death of a
parent. When a parent obligated to pay support |
25 | | or educational
expenses, or both, dies, the amount of support |
26 | | or educational expenses, or
both, may be enforced, modified, |
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1 | | revoked or commuted to a lump sum payment,
as equity may |
2 | | require, and that determination may be provided for at the
time |
3 | | of the dissolution of the marriage or thereafter.
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4 | | (e) The right to petition for support or educational |
5 | | expenses, or both,
under Sections 505 and 513 is not |
6 | | extinguished by the death of a parent.
Upon a petition filed |
7 | | before or after a parent's death, the court may award
sums of |
8 | | money out of the decedent's estate for the child's support or
|
9 | | educational expenses, or both, as equity may require. The time |
10 | | within
which a claim may be filed against the estate of a |
11 | | decedent under Sections
505 and 513 and subsection (d) and this |
12 | | subsection shall be governed by the
provisions of the Probate |
13 | | Act of 1975, as a barrable, noncontingent claim.
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14 | | (f) A petition to modify or terminate child support, |
15 | | custody, or
visitation shall not delay any child support |
16 | | enforcement litigation or
supplementary proceeding on behalf |
17 | | of the obligee, including, but not limited
to, a petition for a |
18 | | rule to show cause, for non-wage garnishment, or for a
|
19 | | restraining order.
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20 | | (Source: P.A. 97-608, eff. 1-1-12.)
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