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90_SB1054
750 ILCS 5/504 from Ch. 40, par. 504
Amends the Illinois Marriage and Dissolution of Marriage
Act to make a technical change to a provision concerning
maintenance.
LRB9001702NTsb
LRB9001702NTsb
1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Section 405.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Section 405 as follows:
7 (750 ILCS 5/504) (from Ch. 40, par. 504)
8 Sec. 504. Maintenance.
9 (a) In a proceeding for dissolution of marriage or legal
10 separation or declaration of invalidity of marriage, or a
11 proceeding for maintenance following dissolution of the
12 marriage by a court that which lacked personal jurisdiction
13 over the absent spouse, the court may grant a temporary or
14 permanent maintenance award for either spouse in amounts and
15 for periods of time as the court deems just, without regard
16 to marital misconduct, in gross or for fixed or indefinite
17 periods of time, and the maintenance may be paid from the
18 income or property of the other spouse after consideration of
19 all relevant factors, including:
20 (1) the income and property of each party,
21 including marital property apportioned and non-marital
22 property assigned to the party seeking maintenance;
23 (2) the needs of each party;
24 (3) the present and future earning capacity of each
25 party;
26 (4) any impairment of the present and future
27 earning capacity of the party seeking maintenance due to
28 that party devoting time to domestic duties or having
29 foregone or delayed education, training, employment, or
30 career opportunities due to the marriage;
31 (5) the time necessary to enable the party seeking
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1 maintenance to acquire appropriate education, training,
2 and employment, and whether that party is able to support
3 himself or herself through appropriate employment or is
4 the custodian of a child making it appropriate that the
5 custodian not seek employment;
6 (6) the standard of living established during the
7 marriage;
8 (7) the duration of the marriage;
9 (8) the age and the physical and emotional
10 condition of both parties;
11 (9) the tax consequences of the property division
12 upon the respective economic circumstances of the
13 parties;
14 (10) contributions and services by the party
15 seeking maintenance to the education, training, career or
16 career potential, or license of the other spouse;
17 (11) any valid agreement of the parties; and
18 (12) any other factor that the court expressly
19 finds to be just and equitable.
20 (c) The court may grant and enforce the payment of
21 maintenance during the pendency of an appeal as the court
22 shall deem reasonable and proper.
23 (d) No maintenance shall accrue during the period in
24 which a party is imprisoned for failure to comply with the
25 court's order for the payment of such maintenance.
26 (e) When maintenance is to be paid through the clerk of
27 the court in a county of 1,000,000 inhabitants or less, the
28 order shall direct the obligor to pay to the clerk, in
29 addition to the maintenance payments, all fees imposed by the
30 county board under paragraph (3) of subsection (u) of Section
31 27.1 of the Clerks of Courts Act. Unless paid in cash or
32 pursuant to an order for withholding, the payment of the fee
33 shall be by a separate instrument from the support payment
34 and shall be made to the order of the Clerk.
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1 (Source: P.A. 86-969; 87-881.)