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Full Text of SB0069  100th General Assembly

SB0069enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB0069 EnrolledLRB100 04736 HEP 15946 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Section 505 of the Illinois Marriage and
5Dissolution of Marriage Act was amended by Public Act 99-763,
6effective January 1, 2017, and Public Act 99-764, effective
7July 1, 2017. One of these Public Acts used a version of
8Section 505 that had not yet incorporated the changes made by
9Public Act 99-90, effective January 1, 2016. This bill
10incorporates the changes made to Section 505 by Public Acts
1199-90, 99-763, and 99-764, and makes additional changes.
 
12    Section 5. The Illinois Marriage and Dissolution of
13Marriage Act is amended by changing Sections 505 and 510 as
14follows:
 
15    (750 ILCS 5/505)  (from Ch. 40, par. 505)
16    Sec. 505. Child support; contempt; penalties.
17    (a) In a proceeding for dissolution of marriage, legal
18separation, declaration of invalidity of marriage, dissolution
19of a civil union, a proceeding for child support following
20dissolution of the marriage or civil union by a court that
21lacked personal jurisdiction over the absent spouse, a
22proceeding for modification of a previous order for child

 

 

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1support under Section 510 of this Act, or any proceeding
2authorized under Section 501 or 601 of this Act, the court may
3order either or both parents owing a duty of support to a child
4of the marriage or civil union to pay an amount reasonable and
5necessary for support. The duty of support owed to a child
6includes the obligation to provide for the reasonable and
7necessary physical, mental and emotional health needs of the
8child. For purposes of this Section, the term "child" shall
9include any child under age 18 and any child age 19 or younger
10who is still attending high school. For purposes of this
11Section, the term "obligor" "supporting parent" means the
12parent obligated to pay support to the other parent.
13        (1) Child support guidelines. The Illinois Department
14    of Healthcare and Family Services shall adopt rules
15    establishing child support guidelines which include
16    worksheets to aid in the calculation of the child support
17    obligations award and a schedule of basic child support
18    obligations table that reflects the percentage of combined
19    net income that parents living in the same household in
20    this State ordinarily spend on their child children. The
21    child support guidelines have the following purposes:
22            (A) to establish as State policy an adequate
23        standard of support for a child children, subject to
24        the ability of parents to pay;
25            (B) to make child support obligations awards more
26        equitable by ensuring more consistent treatment of

 

 

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1        parents persons in similar circumstances;
2            (C) to improve the efficiency of the court process
3        by promoting settlements and giving courts and the
4        parties guidance in establishing levels of child
5        support awards;
6            (D) to calculate child support based upon the
7        parents' combined adjusted net income estimated to
8        have been allocated for to the support of the child if
9        the parents and child children were living in an intact
10        household;
11            (E) to adjust the child support based upon the
12        needs of the child children; and
13            (F) to allocate the amount of child support to be
14        paid by each parent based upon a parent's net income
15        the child support and the child's physical care
16        arrangements.
17        (1.5) Computation of basic child support obligation.
18    The court shall compute the basic child support obligation
19    by taking the following steps:
20            (A) determine each parent's monthly net income;
21            (B) add the parents' monthly net incomes together
22        to determine the combined monthly net income of the
23        parents;
24            (C) select the corresponding appropriate amount
25        from the schedule of basic child support obligations
26        based on the parties' combined monthly net income and

 

 

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1        number of children of the parties; and
2            (D) calculate each parent's percentage share of
3        the basic child support obligation.
4        Although a monetary obligation is computed for each
5    parent as child support, the receiving parent's share is
6    not payable to the other parent and is presumed to be spent
7    directly on the child.
8        (2) Duty of support. The court shall determine award
9    child support in each case by applying the child support
10    guidelines unless the court makes a finding that
11    application of the guidelines would be inappropriate,
12    after considering the best interests interest of the child
13    and in light of evidence which shows relevant factors
14    including, but not limited to, one or more of the
15    following:
16            (A) the financial resources and needs of the child;
17            (B) the financial resources and needs of the
18        parents custodial parent;
19            (C) the standard of living the child would have
20        enjoyed had the marriage or civil union not been
21        dissolved; and
22            (D) the physical and emotional condition of the
23        child and his or her educational needs. ; and
24            (E) the financial resources and needs of the
25        noncustodial parent.
26        (3) Income.

 

 

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1            (A) As used in this Section, "gross income" means
2        the total of all income from all sources, except "gross
3        income" does not include (i) benefits received by the
4        parent from means-tested public assistance programs,
5        including, but not limited to, Temporary Assistance to
6        Needy Families, Supplemental Security Income, and the
7        Supplemental Nutrition Assistance Program or (ii)
8        benefits and income received by the parent for other
9        children in the household, including, but not limited
10        to, child support, survivor benefits, and foster care
11        payments. Social security disability and retirement
12        benefits paid for the benefit of the subject child must
13        be included in the disabled or retired parent's gross
14        income for purposes of calculating the parent's child
15        support obligation, but the parent is entitled to a
16        child support credit for the amount of benefits paid to
17        the other party parent for the child. "Gross income"
18        also includes Spousal support or spousal maintenance
19        received pursuant to a court order in the pending
20        proceedings or any other proceedings that must be
21        included in the recipient's gross income for purposes
22        of calculating the parent's child support obligation.
23            (B) As used in this Section, "net income" means
24        gross income minus either the standardized tax amount
25        calculated pursuant to subparagraph (C) of this
26        paragraph (3) or the individualized tax amount

 

 

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1        calculated pursuant to subparagraph (D) of this
2        paragraph (3), and minus any adjustments pursuant to
3        subparagraph (F) of this paragraph (3). The
4        standardized tax amount shall be used unless the
5        requirements for an individualized tax amount set
6        forth in subparagraph (E) (F) of this paragraph (3) are
7        met.
8            (C) As used in this Section, "standardized tax
9        amount" means the total of federal and state income
10        taxes for a single person claiming the standard tax
11        deduction, one personal exemption, and the applicable
12        number of dependency exemptions for the minor child or
13        children of the parties, and Social Security tax and
14        Medicare Medicaid tax calculated at the Federal
15        Insurance Contributions Act rate.
16                (I) Unless a court has previously determined
17            otherwise or the parties otherwise agree, the
18            party with the majority of parenting time
19            custodial parent shall be deemed entitled to claim
20            the dependency exemption for the parties' minor
21            child or children.
22                (II) The Illinois Department of Healthcare and
23            Family Services shall promulgate a standardized
24            net income conversion table chart that computes
25            net income by deducting the standardized tax
26            amount from gross income.

 

 

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1            (D) As used in this Section, "individualized tax
2        amount" means the aggregate of the following taxes:
3                (I) federal income tax (properly calculated
4            withholding or estimated payments);
5                (II) State income tax (properly calculated
6            withholding or estimated payments); and
7                (III) Social Security or self-employment tax,
8            if applicable (or, if none, mandatory retirement
9            contributions required by law or as a condition of
10            employment) and Medicare tax calculated at the
11            Federal Insurance Contributions Act rate.
12            (E) In lieu of a standardized tax amount, a
13        determination of an individualized tax amount may be
14        made under items (I), (II), or (III) below. If an
15        individualized tax amount determination is made under
16        this subparagraph (E), all relevant tax attributes
17        (including filing status, allocation of dependency
18        exemptions, and whether a party is to claim the
19        standard deduction or itemized deductions for federal
20        income tax purposes) shall be as the parties agree or
21        as the court determines. To determine a party's
22        reported income, the court may order the party to
23        complete an Internal Revenue Service Form 4506-T,
24        Request for Tax Transcript.
25                (I) Agreement. Irrespective of whether the
26            parties agree on any other issue before the court,

 

 

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1            if they jointly stipulate for the record their
2            concurrence on a computation method for the
3            individualized tax amount that is different from
4            the method set forth under subparagraph (D), the
5            stipulated method shall be used by the court unless
6            the court rejects the proposed stipulated method
7            for good cause.
8                (II) Summary hearing. If the court determines
9            child support in a summary hearing under Section
10            501 and an eligible party opts in to the
11            individualized tax amount computation method under
12            this item (II), the individualized tax amount
13            shall be determined by the court on the basis of
14            information contained in one or both parties'
15            Supreme Court approved Financial Affidavit (Family &
16             Divorce Cases) financial disclosure statement,
17            financial affidavit, or similar instrument and
18            relevant supporting documents under applicable
19            court rules. No party, however, is eligible to opt
20            in unless the party, under applicable court rules,
21            has served the other party with the required
22            Supreme Court approved Financial Affidavit (Family &
23             Divorce Cases) and has substantially produced
24            supporting documents required by the applicable
25            court rules statement, affidavit, or other
26            instrument and has also substantially turned over

 

 

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1            supporting documents to the extent required by the
2            applicable rule at the time of service of the
3            statement, affidavit, or other instrument.
4                (III) Evidentiary hearing. If the court
5            determines child support in an evidentiary
6            hearing, whether for purposes of a temporary order
7            or at the conclusion of a proceeding, item (II) of
8            this subparagraph (E) does not apply. In each such
9            case (unless item (I) governs), the individualized
10            tax amount shall be as determined by the court on
11            the basis of the record established.
12            (F) Adjustments to gross income.
13                (I) Multi-family adjustment. If a parent also
14            is also legally responsible for support of a child
15            children not shared with the other parent and not
16            subject to the present proceeding, there shall be
17            an adjustment to net gross income as follows:
18                    (i) Multi-family adjustment with court
19                order. The court shall deduct from the parent's
20                net income the The amount of child support
21                actually paid by the parent pursuant to a
22                support order unless the court makes a finding
23                that it would cause economic hardship to the
24                child shall be deducted from the parent's gross
25                income.
26                    (ii) Multi-family adjustment without court

 

 

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1                order. Upon the request or application of a
2                parent actually supporting a presumed,
3                acknowledged, or adjudicated child living in
4                or outside of that parent's household, there
5                shall be an adjustment to child support. The
6                court shall deduct from the parent's net income
7                the The amount of financial support actually
8                paid by the parent for the child children
9                living in or outside of that parent's household
10                or 75% of the support the parent should pay
11                would pay under the child support guidelines
12                (before this adjustment), whichever is less,
13                unless the court makes a finding that it would
14                cause economic hardship to the child. The
15                adjustment shall be calculated using that
16                parent's income alone shall be deducted from
17                that parent's gross income.
18                (II) Spousal Maintenance adjustment.
19            Obligations pursuant to a court order for spousal
20            maintenance in the pending proceeding actually
21            paid or payable under Section 504 to the same party
22            to whom child support is to be payable or actually
23            paid to a former spouse pursuant to a court order
24            shall be deducted from the parent's gross income.
25        (3.1) Business income. For purposes of calculating
26    child support, net business income from the operation of a

 

 

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1    business means gross receipts minus ordinary and necessary
2    expenses required to carry on the trade or business. As
3    used in this paragraph, "business" includes, but is not
4    limited to, sole proprietorships, closely held
5    corporations, partnerships, other flow-through business
6    entities, and self-employment. The court shall apply the
7    following:
8            (A) The accelerated component of depreciation and
9        any business expenses determined either judicially or
10        administratively to be inappropriate or excessive
11        shall be excluded from the total of ordinary and
12        necessary business expenses to be deducted in the
13        determination of net business income from gross
14        business income.
15            (B) Any item of reimbursement or in-kind payment
16        received by a parent from a the business, including,
17        but not limited to, a company car, reimbursed meals,
18        free housing, or a housing allowance, or reimbursed
19        meals, shall be counted as income if not otherwise
20        included in the recipient's gross income, if the item
21        is significant in amount and reduces personal
22        expenses.
23        (3.2) Unemployment or underemployment. If a parent is
24    voluntarily unemployed or underemployed, child support
25    shall be calculated based on a determination of potential
26    income. A determination of potential income shall be made

 

 

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1    by determining employment potential and probable earnings
2    level based on the obligor's work history, occupational
3    qualifications, prevailing job opportunities, the
4    ownership by a parent of a substantial non-income producing
5    asset, and earnings levels in the community. If there is
6    insufficient work history to determine employment
7    potential and probable earnings level, there shall be a
8    rebuttable presumption that the parent's potential income
9    is 75% of the most recent United States Department of
10    Health and Human Services Federal Poverty Guidelines for a
11    family of one person.
12        (3.3) Rebuttable presumption in favor of guidelines
13    Minimum orders. There is a rebuttable presumption in any
14    judicial or administrative proceeding for child support
15    that the amount of the child support obligation that award
16    which would result from the application of the child
17    support guidelines is the correct amount of child support
18    to be awarded.
19        (3.3a) Minimum child support obligation. There is a
20    rebuttable presumption that a minimum child support
21    obligation of $40 per month, per child, will be entered for
22    an obligor a payor parent who has actual or imputed gross
23    income at or less than 75% of the most recent United States
24    Department of Health and Human Services Federal Poverty
25    Guidelines for a family of one person, with a maximum total
26    child support obligation for that obligor payor of $120 per

 

 

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1    month to be divided equally among all of the obligor's
2    payor parent's children.
3        (3.3b) Zero dollar child support order. For parents
4    with no gross income, including those who receive only
5    means-tested assistance, or who cannot work due to a
6    medically proven disability, incarceration, or
7    institutionalization, there is a rebuttable presumption
8    that the $40 per month minimum support order is
9    inapplicable inappropriate and a zero dollar order shall be
10    entered.
11        (3.4) Deviation factors. In any action to establish or
12    modify child support, whether pursuant to a temporary or
13    final administrative or court order permanent, the child
14    support guidelines shall be used as a rebuttable
15    presumption for the establishment or modification of the
16    amount of child support. The court may deviate from the
17    child support guidelines if the application would be
18    inequitable, unjust, or inappropriate. Any deviation from
19    the guidelines shall be accompanied by written findings by
20    the court specifying the reasons for the deviation and the
21    presumed amount under the child support guidelines without
22    a deviation. These reasons may include:
23            (A) extraordinary medical expenditures necessary
24        to preserve the life or health of a party or a child of
25        either or both of the parties;
26            (B) additional expenses incurred for a child

 

 

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1        subject to the child support order who has special
2        medical, physical, or developmental needs; and
3            (C) any other factor the court determines should be
4        applied upon a finding that the application of the
5        child support guidelines would be inappropriate, after
6        considering the best interest of the child.
7        (3.5) Income in excess of the schedule of basic child
8    support obligation table. A court may use its discretion to
9    determine child support if the combined adjusted net gross
10    income of the parties exceeds the highest level uppermost
11    levels of the schedule of basic child support obligation
12    obligations, except that the presumptive basic child
13    support obligation shall not be less than it would be based
14    on the highest level of combined net adjusted gross income
15    set forth in the schedule of basic child support obligation
16    obligations.
17        (3.6) Extracurricular activities and school expenses.
18    The court, in its discretion, in addition to the basic
19    child support obligation, may order either or both parents
20    owing a duty of support to the child to contribute to the
21    reasonable school and extracurricular activity expenses
22    incurred which are intended to enhance the educational,
23    athletic, social, or cultural development of the child.
24        (3.7) Child care expenses. The court, in its
25    discretion, in addition to the basic child support
26    obligation, may order either or both parents owing a duty

 

 

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1    of support to the child to contribute to the reasonable
2    child care expenses of the child. The child care expenses
3    shall be made payable directly to a party or directly to
4    the child care provider at the time of child care services.
5            (A) "Child As used in this paragraph (3.7), "child
6        care expenses" means actual annualized monthly child
7        care expenses reasonably necessary to enable a parent
8        or non-parent custodian to be employed, to attend
9        educational or vocational education and training
10        programs to improve employment opportunities, or to
11        search for employment. "Child care expenses" also
12        activities, or job search, and includes after-school
13        care and all work-related child care expenses incurred
14        while receiving education or training to improve
15        employment opportunities. "Child care expenses"
16        includes deposits for the retention of securing
17        placement in a child care program, the cost of before
18        and after school care, and programs. "Child care
19        expenses" may include camps when school is not in
20        session. A Parties may agree on additional day camps.
21        Child care expenses due to a child's special needs
22        shall be a consideration in determining reasonable
23        child care expenses for a child with special needs.
24            (B) Child care expenses shall be calculated as set
25        forth in this paragraph. Child care expenses shall be
26        prorated in proportion to each parent's percentage

 

 

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1        share of combined parental net income, and may be added
2        to the basic child support obligation if not paid
3        directly by each parent to the provider of child care
4        services. The obligor's and obligee's portion of
5        actual child care expenses shall appear in the support
6        order. If allowed, the value of the federal income tax
7        credit for child care shall be subtracted from the
8        actual cost to determine the net child care costs. The
9        obligee's share of child care expenses shall be paid by
10        the obligee directly to the child care provider.
11            (C) The amount of child care expenses shall be
12        adequate to obtain reasonable and necessary child
13        care. The family's actual child care expenses shall be
14        used to calculate the child care expenses expense
15        contributions, if available. When actual child care
16        expenses vary, the actual child care expenses may shall
17        be averaged over the most recent 12-month period. When
18        a the parent is temporarily unemployed or temporarily
19        not attending educational or vocational training
20        programs, future school, then child care expenses
21        shall be based upon prospective expenses to be incurred
22        upon return to employment or educational or vocational
23        training programs.
24            (D) An order for child care expenses may be
25        modified upon a showing of a substantial change in
26        circumstances. The party Persons incurring child care

 

 

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1        expenses shall notify the other party obligor within 14
2        days of any change in the amount of child care expenses
3        that would affect the annualized child care amount as
4        determined in the support order.
5        (3.8) Shared physical care parenting. If each parent
6    exercises 146 or more overnights per year with the child,
7    the basic child support obligation is multiplied by 1.5 to
8    calculate the shared care child support obligation. The
9    court shall determine each parent's share of the shared
10    care child support obligation based on the parent's
11    percentage share of combined net income. 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 child support 2 amounts. The
18    Illinois Child support for cases with shared physical care
19    are calculated using a child support worksheet promulgated
20    by the Department of Healthcare and Family Services shall
21    promulgate a worksheet to calculate child support in cases
22    in which the parents have shared physical care and use the
23    standardized tax amount to determine net income. An
24    adjustment for shared physical care is made only when each
25    parent has the child for 146 or more overnights per year.
26        (3.9) Split physical care. When Split care refers to a

 

 

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1    situation in which there is more than one child and each
2    parent has physical care of at least one but not all of the
3    children. In a split care situation, the support is
4    calculated by using 2 child support worksheets to determine
5    the support each parent owes the other. The resulting
6    obligations are then offset, with one parent owing the
7    other the difference as a child support order. The support
8    shall be calculated as follows:
9            (A) compute the support the first parent would owe
10        to other parent as if the child in his or her care was
11        the only child of the parties; then
12            (B) compute the support the other parent would owe
13        to the first parent as if the child in his or her care
14        were the only child of the parties; then
15            (C) subtract the lesser support obligation from
16        the greater.
17        The parent who owes the greater obligation shall be
18    ordered to pay the difference in support to the other
19    parent, unless the court determines, pursuant to other
20    provisions of this Section, that it should deviate from the
21    guidelines.
22        (4) Health care.
23            (A) A portion of the basic child support obligation
24        is intended to cover basic ordinary out-of-pocket
25        medical expenses. The court, in its discretion, in
26        addition to the basic child support obligation, shall

 

 

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1        also provide for the child's current and future medical
2        needs by ordering either or both parents to initiate
3        health insurance or medical coverage for the child
4        through currently effective health or medical
5        insurance policies held by the parent or parents,
6        purchase one or more either or all of health, or
7        medical, dental, or vision insurance policies for the
8        child, or provide for the child's current and future
9        medical needs through some other manner.
10            (B) The court, in its discretion, may also order
11        either or both parents to contribute to the reasonable
12        health care needs of the child not covered by
13        insurance, including, but not limited to, unreimbursed
14        medical, dental, orthodontic, or vision expenses and
15        any prescription medication for the child not covered
16        under the child's health or medical insurance.
17            (C) If neither parent has access to appropriate
18        private health insurance care coverage, the court may
19        order:
20                (I) one or both parents to provide health
21            insurance care coverage at any time it becomes
22            available at a reasonable cost; or
23                (II) the parent or non-parent custodian with
24            primary physical responsibility for the child to
25            apply for public health insurance care coverage
26            for the child and require either or both parents

 

 

SB0069 Enrolled- 20 -LRB100 04736 HEP 15946 b

1            the other parent to pay a reasonable amount of the
2            cost of health insurance for the child for medical
3            support.
4            The If cash medical support is ordered, the order
5        may also provide that any time private health insurance
6        care coverage is available at a reasonable cost to that
7        party it will be provided instead of cash medical
8        support. As used in this Section, "cash medical
9        support" means an amount ordered to be paid toward the
10        cost of health insurance provided by a public entity or
11        by another person through employment or otherwise or
12        for other medical costs not covered by insurance.
13            (D) The amount to be added to the basic child
14        support obligation shall be the actual amount of the
15        total health insurance premium that is attributable to
16        the child who is the subject of the order. If this
17        amount is not available or cannot be verified, the
18        total cost of the health insurance premium shall be
19        divided by the total number of persons covered by the
20        policy. The cost per person derived from this
21        calculation shall be multiplied by the number of
22        children who are the subject of the order and who are
23        covered under the health insurance policy. This amount
24        shall be added to the basic child support obligation
25        and shall be allocated divided between the parents in
26        proportion to their respective net adjusted gross

 

 

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1        incomes.
2            (E) After the health insurance premium for the
3        child is added to the basic child support obligation
4        and allocated divided between the parents in
5        proportion to their respective incomes for child
6        support purposes, if the obligor is paying the premium,
7        the amount calculated for the obligee's share of the
8        health insurance premium for the child shall be
9        deducted from the obligor's share of the total child
10        support obligation. If the obligee is paying for
11        private health insurance for the child, the child
12        support obligation shall be increased by the obligor's
13        share of the premium payment. The obligor's and
14        obligee's portion of health insurance costs shall
15        appear in the support order the premium, no further
16        adjustment is necessary.
17            (F) Prior to allowing the health insurance
18        adjustment, the parent requesting the adjustment must
19        submit proof that the child has been enrolled in a
20        health insurance plan and must submit proof of the cost
21        of the premium. The court shall require the parent
22        receiving the adjustment to annually submit proof of
23        continued coverage of the child to the child support
24        enforcement unit and to the other parent, or as
25        designated by the court.
26            (G) A reasonable cost for providing health

 

 

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1        insurance care coverage for the child or children may
2        not exceed 5% of the providing parent's gross income.
3        Parents with a net income below 133% of the most recent
4        United States Department of Health and Human Services
5        Federal Poverty Guidelines or whose child is covered by
6        Medicaid based on that parent's income may not be
7        ordered to contribute toward or provide private
8        coverage, unless private coverage is obtainable
9        without any financial contribution by that parent.
10            (H) If dental or vision insurance is included as
11        part of the employer's medical plan, the coverage shall
12        be maintained for the child. If not included in the
13        employer's medical plan, adding the dental or vision
14        insurance for the child is at the discretion of the
15        court.
16            (I) If a parent has been directed to provide health
17        insurance pursuant to this paragraph and that parent's
18        spouse or legally recognized partner provides the
19        insurance for the benefit of the child either directly
20        or through employment, a credit on the child support
21        worksheet shall be given to that parent in the same
22        manner as if the premium were paid by that parent.
23        parents and . including, but not limited to, student
24        loans
25        (4.5) In a proceeding for child support following
26    dissolution of the marriage or civil union by a court that

 

 

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1    lacked personal jurisdiction over the absent spouse, and in
2    which the court is requiring payment of support for the
3    period before the date an order for current support is
4    entered, there is a rebuttable presumption that the
5    obligor's supporting party's net income for the prior
6    period was the same as his or her net income at the time
7    the order for current support is entered.
8        (5) If the net income cannot be determined because of
9    default or any other reason, the court shall order support
10    in an amount considered reasonable in the particular case.
11    The final order in all cases shall state the support level
12    in dollar amounts. However, if the court finds that the
13    child support amount cannot be expressed exclusively as a
14    dollar amount because all or a portion of the obligor's
15    supporting parent's net income is uncertain as to source,
16    time of payment, or amount, the court may order a
17    percentage amount of support in addition to a specific
18    dollar amount and enter such other orders as may be
19    necessary to determine and enforce, on a timely basis, the
20    applicable support ordered.
21        (6) If (i) the obligor supporting parent was properly
22    served with a request for discovery of financial
23    information relating to the obligor's supporting parent's
24    ability to provide child support, (ii) the obligor
25    supporting parent failed to comply with the request,
26    despite having been ordered to do so by the court, and

 

 

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1    (iii) the obligor supporting parent is not present at the
2    hearing to determine support despite having received
3    proper notice, then any relevant financial information
4    concerning the obligor's supporting parent's ability to
5    provide child support that was obtained pursuant to
6    subpoena and proper notice shall be admitted into evidence
7    without the need to establish any further foundation for
8    its admission.
9    (a-5) In an action to enforce an order for child support
10based on the obligor's failure of the supporting parent to make
11support payments as required by the order, notice of
12proceedings to hold the obligor supporting parent in contempt
13for that failure may be served on the obligor supporting parent
14by personal service or by regular mail addressed to the last
15known address of the obligor supporting parent. The last known
16address of the obligor supporting parent may be determined from
17records of the clerk of the court, from the Federal Case
18Registry of Child Support Orders, or by any other reasonable
19means.
20    (b) Failure of either parent to comply with an order to pay
21support shall be punishable as in other cases of contempt. In
22addition to other penalties provided by law the court may,
23after finding the parent guilty of contempt, order that the
24parent be:
25        (1) placed on probation with such conditions of
26    probation as the court deems advisable;

 

 

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1        (2) sentenced to periodic imprisonment for a period not
2    to exceed 6 months; provided, however, that the court may
3    permit the parent to be released for periods of time during
4    the day or night to:
5            (A) work; or
6            (B) conduct a business or other self-employed
7        occupation.
8    The court may further order any part or all of the earnings
9of a parent during a sentence of periodic imprisonment paid to
10the Clerk of the Circuit Court or to the parent having physical
11possession of the child receiving the support or to the
12non-parent custodian having custody guardian receiving the
13support of the child children of the sentenced parent for the
14support of the child said children until further order of the
15court.
16    If a parent who is found guilty of contempt for failure to
17comply with an order to pay support is a person who conducts a
18business or who is self-employed, the court in addition to
19other penalties provided by law may order that the parent do
20one or more of the following: (i) provide to the court monthly
21financial statements showing income and expenses from the
22business or the self-employment; (ii) seek employment and
23report periodically to the court with a diary, listing, or
24other memorandum of his or her employment search efforts; or
25(iii) report to the Department of Employment Security for job
26search services to find employment that will be subject to

 

 

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1withholding for child support.
2    If there is a unity of interest and ownership sufficient to
3render no financial separation between an obligor a supporting
4parent and another person or persons or business entity, the
5court may pierce the ownership veil of the person, persons, or
6business entity to discover assets of the obligor supporting
7parent held in the name of that person, those persons, or that
8business entity. The following circumstances are sufficient to
9authorize a court to order discovery of the assets of a person,
10persons, or business entity and to compel the application of
11any discovered assets toward payment on the judgment for
12support:
13        (1) the obligor supporting parent and the person,
14    persons, or business entity maintain records together.
15        (2) the obligor supporting parent and the person,
16    persons, or business entity fail to maintain an arm's
17    length relationship between themselves with regard to any
18    assets.
19        (3) the obligor supporting parent transfers assets to
20    the person, persons, or business entity with the intent to
21    perpetrate a fraud on the obligee parent receiving the
22    support.
23    With respect to assets which are real property, no order
24entered under this paragraph shall affect the rights of bona
25fide purchasers, mortgagees, judgment creditors, or other lien
26holders who acquire their interests in the property prior to

 

 

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1the time a notice of lis pendens pursuant to the Code of Civil
2Procedure or a copy of the order is placed of record in the
3office of the recorder of deeds for the county in which the
4real property is located.
5    The court may also order in cases where the parent is 90
6days or more delinquent in payment of support or has been
7adjudicated in arrears in an amount equal to 90 days obligation
8or more, that the parent's Illinois driving privileges be
9suspended until the court determines that the parent is in
10compliance with the order of support. The court may also order
11that the parent be issued a family financial responsibility
12driving permit that would allow limited driving privileges for
13employment and medical purposes in accordance with Section
147-702.1 of the Illinois Vehicle Code. The Clerk of the Circuit
15Court shall certify the order suspending the driving privileges
16of the parent or granting the issuance of a family financial
17responsibility driving permit to the Secretary of State on
18forms prescribed by the Secretary of State. Upon receipt of the
19authenticated documents, the Secretary of State shall suspend
20the parent's driving privileges until further order of the
21court and shall, if ordered by the court, subject to the
22provisions of Section 7-702.1 of the Illinois Vehicle Code,
23issue a family financial responsibility driving permit to the
24parent.
25    In addition to the penalties or punishment that may be
26imposed under this Section, any person whose conduct

 

 

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1constitutes a violation of Section 15 of the Non-Support
2Punishment Act may be prosecuted under that Act, and a person
3convicted under that Act may be sentenced in accordance with
4that Act. The sentence may include but need not be limited to a
5requirement that the person perform community service under
6Section 50 of that Act or participate in a work alternative
7program under Section 50 of that Act. A person may not be
8required to participate in a work alternative program under
9Section 50 of that Act if the person is currently participating
10in a work program pursuant to Section 505.1 of this Act.
11    A support obligation, or any portion of a support
12obligation, which becomes due and remains unpaid as of the end
13of each month, excluding the child support that was due for
14that month to the extent that it was not paid in that month,
15shall accrue simple interest as set forth in Section 12-109 of
16the Code of Civil Procedure. An order for support entered or
17modified on or after January 1, 2006 shall contain a statement
18that a support obligation required under the order, or any
19portion of a support obligation required under the order, that
20becomes due and remains unpaid as of the end of each month,
21excluding the child support that was due for that month to the
22extent that it was not paid in that month, shall accrue simple
23interest as set forth in Section 12-109 of the Code of Civil
24Procedure. Failure to include the statement in the order for
25support does not affect the validity of the order or the
26accrual of interest as provided in this Section.

 

 

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1    (c) A one-time charge of 20% is imposable upon the amount
2of past-due child support owed on July 1, 1988 which has
3accrued under a support order entered by the court. The charge
4shall be imposed in accordance with the provisions of Section
510-21 of the Illinois Public Aid Code and shall be enforced by
6the court upon petition.
7    (d) Any new or existing support order entered by the court
8under this Section shall be deemed to be a series of judgments
9against the person obligated to pay support thereunder, each
10such judgment to be in the amount of each payment or
11installment of support and each such judgment to be deemed
12entered as of the date the corresponding payment or installment
13becomes due under the terms of the support order. Each such
14judgment shall have the full force, effect and attributes of
15any other judgment of this State, including the ability to be
16enforced. Notwithstanding any other State or local law to the
17contrary, a lien arises by operation of law against the real
18and personal property of the obligor supporting parent for each
19installment of overdue support owed by the obligor supporting
20parent.
21    (e) When child support is to be paid through the Clerk of
22the Court in a county of 1,000,000 inhabitants or less, the
23order shall direct the obligor supporting parent to pay to the
24Clerk, in addition to the child support payments, all fees
25imposed by the county board under paragraph (3) of subsection
26(u) of Section 27.1 of the Clerks of Courts Act. Unless paid in

 

 

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1cash or pursuant to an Income Withholding Order/Notice for
2Support order for withholding, the payment of the fee shall be
3by payment acceptable to the clerk a separate instrument from
4the support payment and shall be made to the order of the
5Clerk.
6    (f) All orders for support, when entered or modified, shall
7include a provision requiring the obligor supporting parent to
8notify the court and, in cases in which a party is receiving
9child and spouse services under Article X of the Illinois
10Public Aid Code, the Department of Healthcare and Family
11Services, within 7 days, (i) of the name and address of any new
12employer of the obligor, (ii) whether the obligor supporting
13parent has access to health insurance coverage through the
14employer or other group coverage and, if so, the policy name
15and number and the names of persons covered under the policy,
16except only the initials of any covered minors shall be
17included, and (iii) of any new residential or mailing address
18or telephone number of the obligor supporting parent. In any
19subsequent action to enforce a support order, upon a sufficient
20showing that a diligent effort has been made to ascertain the
21location of the obligor supporting parent, service of process
22or provision of notice necessary in the case may be made at the
23last known address of the obligor supporting parent in any
24manner expressly provided by the Code of Civil Procedure or
25this Act, which service shall be sufficient for purposes of due
26process.

 

 

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1    (g) An order for support shall include a date on which the
2current support obligation terminates. The termination date
3shall be no earlier than the date on which the child covered by
4the order will attain the age of 18. However, if the child will
5not graduate from high school until after attaining the age of
618, then the termination date shall be no earlier than the
7earlier of the date on which the child's high school graduation
8will occur or the date on which the child will attain the age
9of 19. The order for support shall state that the termination
10date does not apply to any arrearage that may remain unpaid on
11that date. Nothing in this subsection shall be construed to
12prevent the court from modifying the order or terminating the
13order in the event the child is otherwise emancipated.
14    (g-5) If there is an unpaid arrearage or delinquency (as
15those terms are defined in the Income Withholding for Support
16Act) equal to at least one month's support obligation on the
17termination date stated in the order for support or, if there
18is no termination date stated in the order, on the date the
19child attains the age of majority or is otherwise emancipated,
20the periodic amount required to be paid for current support of
21that child immediately prior to that date shall automatically
22continue to be an obligation, not as current support but as
23periodic payment toward satisfaction of the unpaid arrearage or
24delinquency. That periodic payment shall be in addition to any
25periodic payment previously required for satisfaction of the
26arrearage or delinquency. The total periodic amount to be paid

 

 

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1toward satisfaction of the arrearage or delinquency may be
2enforced and collected by any method provided by law for
3enforcement and collection of child support, including but not
4limited to income withholding under the Income Withholding for
5Support Act. Each order for support entered or modified on or
6after the effective date of this amendatory Act of the 93rd
7General Assembly must contain a statement notifying the parties
8of the requirements of this subsection. Failure to include the
9statement in the order for support does not affect the validity
10of the order or the operation of the provisions of this
11subsection with regard to the order. This subsection shall not
12be construed to prevent or affect the establishment or
13modification of an order for support of a minor child or the
14establishment or modification of an order for support of a
15non-minor child or educational expenses under Section 513 of
16this Act.
17    (h) An order entered under this Section shall include a
18provision requiring either parent to report to the other parent
19and to the Clerk of Court clerk of court within 10 days each
20time either parent obtains new employment, and each time either
21parent's employment is terminated for any reason Clerk of
22Court. The report shall be in writing and shall, in the case of
23new employment, include the name and address of the new
24employer. Failure to report new employment or the termination
25of current employment, if coupled with nonpayment of support
26for a period in excess of 60 days, is indirect criminal

 

 

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1contempt. For either parent arrested for failure to report new
2employment bond shall be set in the amount of the child support
3that should have been paid during the period of unreported
4employment. An order entered under this Section shall also
5include a provision requiring either obligor and obligee parent
6to advise the other of a change in residence within 5 days of
7the change except when the court finds that the physical,
8mental, or emotional health of a party or that of a child, or
9both, would be seriously endangered by disclosure of the
10party's address.
11    (i) The court does not lose the powers of contempt,
12driver's license suspension, or other child support
13enforcement mechanisms, including, but not limited to,
14criminal prosecution as set forth in this Act, upon the
15emancipation of the minor child or children.
16(Source: P.A. 98-463, eff. 8-16-13; 98-961, eff. 1-1-15; 99-90,
17eff. 1-1-16; 99-763, eff. 1-1-17; 99-764, eff. 7-1-17.)
 
18    (750 ILCS 5/510)  (from Ch. 40, par. 510)
19    (Text of Section before amendment by P.A. 99-764)
20    Sec. 510. Modification and termination of provisions for
21maintenance, support, educational expenses, and property
22disposition.
23    (a) Except as otherwise provided in paragraph (f) of
24Section 502 and in subsection (b), clause (3) of Section 505.2,
25the provisions of any judgment respecting maintenance or

 

 

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1support may be modified only as to installments accruing
2subsequent to due notice by the moving party of the filing of
3the motion for modification. An order for child support may be
4modified as follows:
5        (1) upon a showing of a substantial change in
6    circumstances; and
7        (2) without the necessity of showing a substantial
8    change in circumstances, as follows:
9            (A) upon a showing of an inconsistency of at least
10        20%, but no less than $10 per month, between the amount
11        of the existing order and the amount of child support
12        that results from application of the guidelines
13        specified in Section 505 of this Act unless the
14        inconsistency is due to the fact that the amount of the
15        existing order resulted from a deviation from the
16        guideline amount and there has not been a change in the
17        circumstances that resulted in that deviation; or
18            (B) upon a showing of a need to provide for the
19        health care needs of the child under the order through
20        health insurance or other means. In no event shall the
21        eligibility for or receipt of medical assistance be
22        considered to meet the need to provide for the child's
23        health care needs.
24    The provisions of subparagraph (a)(2)(A) shall apply only
25in cases in which a party is receiving child support
26enforcement services from the Department of Healthcare and

 

 

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1Family Services under Article X of the Illinois Public Aid
2Code, and only when at least 36 months have elapsed since the
3order for child support was entered or last modified.
4    (a-5) An order for maintenance may be modified or
5terminated only upon a showing of a substantial change in
6circumstances. In all such proceedings, as well as in
7proceedings in which maintenance is being reviewed, the court
8shall consider the applicable factors set forth in subsection
9(a) of Section 504 and the following factors:
10        (1) any change in the employment status of either party
11    and whether the change has been made in good faith;
12        (2) the efforts, if any, made by the party receiving
13    maintenance to become self-supporting, and the
14    reasonableness of the efforts where they are appropriate;
15        (3) any impairment of the present and future earning
16    capacity of either party;
17        (4) the tax consequences of the maintenance payments
18    upon the respective economic circumstances of the parties;
19        (5) the duration of the maintenance payments
20    previously paid (and remaining to be paid) relative to the
21    length of the marriage;
22        (6) the property, including retirement benefits,
23    awarded to each party under the judgment of dissolution of
24    marriage, judgment of legal separation, or judgment of
25    declaration of invalidity of marriage and the present
26    status of the property;

 

 

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1        (7) the increase or decrease in each party's income
2    since the prior judgment or order from which a review,
3    modification, or termination is being sought;
4        (8) the property acquired and currently owned by each
5    party after the entry of the judgment of dissolution of
6    marriage, judgment of legal separation, or judgment of
7    declaration of invalidity of marriage; and
8        (9) any other factor that the court expressly finds to
9    be just and equitable.
10    (a-6) In a review under subsection (b-4.5) of Section 504
11of this Act, the court may enter a fixed-term maintenance award
12that bars future maintenance only if, at the time of the entry
13of the award, the marriage had lasted 10 years or less at the
14time the original action was commenced.
15    (b) The provisions as to property disposition may not be
16revoked or modified, unless the court finds the existence of
17conditions that justify the reopening of a judgment under the
18laws of this State.
19    (c) Unless otherwise agreed by the parties in a written
20agreement set forth in the judgment or otherwise approved by
21the court, the obligation to pay future maintenance is
22terminated upon the death of either party, or the remarriage of
23the party receiving maintenance, or if the party receiving
24maintenance cohabits with another person on a resident,
25continuing conjugal basis. A payor's obligation to pay
26maintenance or unallocated maintenance terminates by operation

 

 

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1of law on the date the recipient remarries or the date the
2court finds cohabitation began. The payor is entitled to
3reimbursement for all maintenance paid from that date forward.
4Any termination of an obligation for maintenance as a result of
5the death of the payor party, however, shall be inapplicable to
6any right of the other party or such other party's designee to
7receive a death benefit under such insurance on the payor
8party's life. A party receiving maintenance must advise the
9payor of his or her intention to marry at least 30 days before
10the remarriage, unless the decision is made within this time
11period. In that event, he or she must notify the other party
12within 72 hours of getting married.
13    (c-5) In an adjudicated case, the court shall make specific
14factual findings as to the reason for the modification as well
15as the amount, nature, and duration of the modified maintenance
16award.
17    (d) Unless otherwise provided in this Act, or as agreed in
18writing or expressly provided in the judgment, provisions for
19the support of a child are terminated by emancipation of the
20child, or if the child has attained the age of 18 and is still
21attending high school, provisions for the support of the child
22are terminated upon the date that the child graduates from high
23school or the date the child attains the age of 19, whichever
24is earlier, but not by the death of a parent obligated to
25support or educate the child. An existing obligation to pay for
26support or educational expenses, or both, is not terminated by

 

 

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1the death of a parent. When a parent obligated to pay support
2or educational expenses, or both, dies, the amount of support
3or educational expenses, or both, may be enforced, modified,
4revoked or commuted to a lump sum payment, as equity may
5require, and that determination may be provided for at the time
6of the dissolution of the marriage or thereafter.
7    (e) The right to petition for support or educational
8expenses, or both, under Sections 505 and 513 is not
9extinguished by the death of a parent. Upon a petition filed
10before or after a parent's death, the court may award sums of
11money out of the decedent's estate for the child's support or
12educational expenses, or both, as equity may require. The time
13within which a claim may be filed against the estate of a
14decedent under Sections 505 and 513 and subsection (d) and this
15subsection shall be governed by the provisions of the Probate
16Act of 1975, as a barrable, noncontingent claim.
17    (f) A petition to modify or terminate child support or
18allocation of parental responsibilities shall not delay any
19child support enforcement litigation or supplementary
20proceeding on behalf of the obligee, including, but not limited
21to, a petition for a rule to show cause, for non-wage
22garnishment, or for a restraining order.
23(Source: P.A. 99-90, eff. 1-1-16.)
 
24    (Text of Section after amendment by P.A. 99-764)
25    Sec. 510. Modification and termination of provisions for

 

 

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1maintenance, support, educational expenses, and property
2disposition.
3    (a) Except as otherwise provided in paragraph (f) of
4Section 502 and in subsection (b), clause (3) of Section 505.2,
5the provisions of any judgment respecting maintenance or
6support may be modified only as to installments accruing
7subsequent to due notice by the moving party of the filing of
8the motion for modification. An order for child support may be
9modified as follows:
10        (1) upon a showing of a substantial change in
11    circumstances; and
12        (2) without the necessity of showing a substantial
13    change in circumstances, as follows:
14            (A) upon a showing of an inconsistency of at least
15        20%, but no less than $10 per month, between the amount
16        of the existing order and the amount of child support
17        that results from application of the guidelines
18        specified in Section 505 of this Act unless the
19        inconsistency is due to the fact that the amount of the
20        existing order resulted from a deviation from the
21        guideline amount and there has not been a change in the
22        circumstances that resulted in that deviation; or
23            (B) upon a showing of a need to provide for the
24        health care needs of the child under the order through
25        health insurance or other means. In no event shall the
26        eligibility for or receipt of medical assistance be

 

 

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1        considered to meet the need to provide for the child's
2        health care needs.
3    The provisions of subparagraph (a)(2)(A) shall apply only
4in cases in which a party is receiving child support
5enforcement services from the Department of Healthcare and
6Family Services under Article X of the Illinois Public Aid
7Code, and only when at least 36 months have elapsed since the
8order for child support was entered or last modified.
9    The court may grant a petition for modification that seeks
10to apply the changes made to subsection (a) of Section 505 by
11Public Act 99-764 this amendatory Act of the 99th General
12Assembly to an order entered before the effective date of
13Public Act 99-764 this amendatory Act of the 99th General
14Assembly only upon a finding of a substantial change in
15circumstances that warrants application of the changes. The
16enactment of Public Act 99-764 this amendatory Act of the 99th
17General Assembly itself does not constitute a substantial
18change in circumstances warranting a modification.
19    (a-5) An order for maintenance may be modified or
20terminated only upon a showing of a substantial change in
21circumstances. In all such proceedings, as well as in
22proceedings in which maintenance is being reviewed, the court
23shall consider the applicable factors set forth in subsection
24(a) of Section 504 and the following factors:
25        (1) any change in the employment status of either party
26    and whether the change has been made in good faith;

 

 

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1        (2) the efforts, if any, made by the party receiving
2    maintenance to become self-supporting, and the
3    reasonableness of the efforts where they are appropriate;
4        (3) any impairment of the present and future earning
5    capacity of either party;
6        (4) the tax consequences of the maintenance payments
7    upon the respective economic circumstances of the parties;
8        (5) the duration of the maintenance payments
9    previously paid (and remaining to be paid) relative to the
10    length of the marriage;
11        (6) the property, including retirement benefits,
12    awarded to each party under the judgment of dissolution of
13    marriage, judgment of legal separation, or judgment of
14    declaration of invalidity of marriage and the present
15    status of the property;
16        (7) the increase or decrease in each party's income
17    since the prior judgment or order from which a review,
18    modification, or termination is being sought;
19        (8) the property acquired and currently owned by each
20    party after the entry of the judgment of dissolution of
21    marriage, judgment of legal separation, or judgment of
22    declaration of invalidity of marriage; and
23        (9) any other factor that the court expressly finds to
24    be just and equitable.
25    (a-6) In a review under subsection (b-4.5) of Section 504
26of this Act, the court may enter a fixed-term maintenance award

 

 

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1that bars future maintenance only if, at the time of the entry
2of the award, the marriage had lasted 10 years or less at the
3time the original action was commenced.
4    (b) The provisions as to property disposition may not be
5revoked or modified, unless the court finds the existence of
6conditions that justify the reopening of a judgment under the
7laws of this State.
8    (c) Unless otherwise agreed by the parties in a written
9agreement set forth in the judgment or otherwise approved by
10the court, the obligation to pay future maintenance is
11terminated upon the death of either party, or the remarriage of
12the party receiving maintenance, or if the party receiving
13maintenance cohabits with another person on a resident,
14continuing conjugal basis. An obligor's A payor's obligation to
15pay maintenance or unallocated maintenance terminates by
16operation of law on the date the obligee recipient remarries or
17the date the court finds cohabitation began. The obligor payor
18is entitled to reimbursement for all maintenance paid from that
19date forward. Any termination of an obligation for maintenance
20as a result of the death of the obligor payor party, however,
21shall be inapplicable to any right of the other party or such
22other party's designee to receive a death benefit under such
23insurance on the obligor's payor party's life. An obligee A
24party receiving maintenance must advise the obligor payor of
25his or her intention to marry at least 30 days before the
26remarriage, unless the decision is made within this time

 

 

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1period. In that event, he or she must notify the obligor other
2party within 72 hours of getting married.
3    (c-5) In an adjudicated case, the court shall make specific
4factual findings as to the reason for the modification as well
5as the amount, nature, and duration of the modified maintenance
6award.
7    (d) Unless otherwise provided in this Act, or as agreed in
8writing or expressly provided in the judgment, provisions for
9the support of a child are terminated by emancipation of the
10child, or if the child has attained the age of 18 and is still
11attending high school, provisions for the support of the child
12are terminated upon the date that the child graduates from high
13school or the date the child attains the age of 19, whichever
14is earlier, but not by the death of a parent obligated to
15support or educate the child. An existing obligation to pay for
16support or educational expenses, or both, is not terminated by
17the death of a parent. When a parent obligated to pay support
18or educational expenses, or both, dies, the amount of support
19or educational expenses, or both, may be enforced, modified,
20revoked or commuted to a lump sum payment, as equity may
21require, and that determination may be provided for at the time
22of the dissolution of the marriage or thereafter.
23    (e) The right to petition for support or educational
24expenses, or both, under Sections 505, and 513, and 513.5 is
25not extinguished by the death of a parent. Upon a petition
26filed before or after a parent's death, the court may award

 

 

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1sums of money out of the decedent's estate for the child's
2support or educational expenses, or both, as equity may
3require. The time within which a claim may be filed against the
4estate of a decedent under Sections 505 and 513 and subsection
5(d) and this subsection shall be governed by the provisions of
6the Probate Act of 1975, as a barrable, noncontingent claim.
7    (f) A petition to modify or terminate child support or the
8allocation of parental responsibilities, including parenting
9time, shall not delay any child support enforcement litigation
10or supplementary proceeding on behalf of the obligee,
11including, but not limited to, a petition for a rule to show
12cause, for non-wage garnishment, or for a restraining order.
13(Source: P.A. 99-90, eff. 1-1-16; 99-764, eff. 7-1-17; revised
149-8-16.)
 
15    Section 95. No acceleration or delay. Where this Act makes
16changes in a statute that is represented in this Act by text
17that is not yet or no longer in effect (for example, a Section
18represented by multiple versions), the use of that text does
19not accelerate or delay the taking effect of (i) the changes
20made by this Act or (ii) provisions derived from any other
21Public Act.
 
22    Section 99. Effective date. This Act takes effect July 1,
232017.