[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
91_SB0576sam001
LRB9100067SMdvam01
1 AMENDMENT TO SENATE BILL 576
2 AMENDMENT NO. . Amend Senate Bill 576 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Marriage and Dissolution of
5 Marriage Act by changing Section 513."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Marriage and Dissolution of
9 Marriage Act is amended by changing Section 513 as follows:
10 (750 ILCS 5/513) (from Ch. 40, par. 513)
11 Sec. 513. Support for Non-minor Children and Educational
12 Expenses.
13 (a) The court may award sums of money out of the
14 property and income of either or both parties or the estate
15 of a deceased parent, as equity may require, for the support
16 of the child or children of the parties who have attained
17 majority in the following instances:
18 (1) When the child is mentally or physically
19 disabled and not otherwise emancipated, an application
20 for support may be made before or after the child has
21 attained majority.
-2- LRB9100067SMdvam01
1 (2) The court may also make provision for the
2 educational expenses of the child or children of the
3 parties, whether of minor or majority age, and an
4 application for educational expenses may be made before
5 or after the child has attained majority, or after the
6 death of either parent. The authority under this Section
7 to make provision for educational expenses extends not
8 only to periods of college education or professional or
9 other training after graduation from high school, but
10 also to any period during which the child of the parties
11 is still attending high school, even though he or she
12 attained the age of 18. The educational expenses may
13 include, but shall not be limited to, room, board, dues,
14 tuition, transportation, books, fees, registration and
15 application costs, medical expenses including medical
16 insurance, dental expenses, and living expenses during
17 the school year and periods of recess, which sums may be
18 ordered payable to the child, to either parent, or to the
19 educational institution, directly or through a special
20 account or trust created for that purpose, as the court
21 sees fit.
22 If educational expenses are ordered payable, each
23 parent and the child shall sign any consents necessary
24 for the educational institution to provide the supporting
25 parent with access to the child's academic transcripts,
26 records, and grade reports. The consents shall not apply
27 to any non-academic records. Failure to execute the
28 required consent may be a basis for a modification or
29 termination of any order entered under this Section.
30 The authority under this Section to make provision
31 for educational expenses, except where the child is
32 mentally or physically disabled and not otherwise
33 emancipated, terminates when the child receives a
34 baccalaureate degree.
-3- LRB9100067SMdvam01
1 (b) In making awards under paragraph (1) or (2) of
2 subsection (a), or pursuant to a petition or motion to
3 decrease, modify, or terminate any such award, the court
4 shall consider all relevant factors that appear reasonable
5 and necessary, including:
6 (1) The financial resources of both parents.
7 (2) The standard of living the child would have
8 enjoyed had the marriage not been dissolved.
9 (3) The financial resources of the child.
10 (4) The child's academic performance.
11 (Source: P.A. 86-637; 87-910.)".