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| [ Introduced ] | [ House Amendment 001 ] |
92_SB0117eng SB117 Engrossed LRB9201438WHpc 1 AN ACT concerning family law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Marriage and Dissolution of 5 Marriage Act is amended by changing Section 510 as follows: 6 (750 ILCS 5/510) (from Ch. 40, par. 510) 7 Sec. 510. Modification and termination of provisions for 8 maintenance, support, educational expenses, and property 9 disposition. 10 (a) Except as otherwise provided in paragraph (f) of 11 Section 502 and in subsection (d), clause (3) of Section 12 505.2, the provisions of any judgment respecting maintenance 13 or support may be modified only as to installments accruing 14 subsequent to due notice by the moving party of the filing of 15 the motion for modification and, with respect to maintenance, 16 only upon a showing of a substantial change in circumstances 17 and in accordance with subsection (a-5). An order for child 18 support may be modified as follows: 19 (1) upon a showing of a substantial change in 20 circumstances; and 21 (2) without the necessity of showing a substantial 22 change in circumstances, as follows: 23 (A) upon a showing of an inconsistency of at 24 least 20%, but no less than $10 per month, between 25 the amount of the existing order and the amount of 26 child support that results from application of the 27 guidelines specified in Section 505 of this Act 28 unless the inconsistency is due to the fact that the 29 amount of the existing order resulted from a 30 deviation from the guideline amount and there has 31 not been a change in the circumstances that resulted SB117 Engrossed -2- LRB9201438WHpc 1 in that deviation; or 2 (B) Upon a showing of a need to provide for 3 the health care needs of the child under the order 4 through health insurance or other means. In no 5 event shall the eligibility for or receipt of 6 medical assistance be considered to meet the need to 7 provide for the child's health care needs. 8 The provisions of subparagraph (a)(2)(A) shall apply only 9 in cases in which a party is receiving child and spouse 10 support services from the Illinois Department of Public Aid 11 under Article X of the Illinois Public Aid Code, and only 12 when at least 36 months have elapsed since the order for 13 child support was entered or last modified. 14 (a-5) In a proceeding to review, modify, or terminate 15 maintenance after the entry of the judgment of dissolution of 16 marriage, judgment of legal separation, or judgment of 17 declaration of invalidity of marriage, the court shall 18 consider the applicable factors set forth in subsection (a) 19 of Section 504 and the following factors: 20 (1) any change in the employment status of either 21 party and whether the change has been made in good faith; 22 (2) the efforts, if any, made by the party 23 receiving maintenance to become self-supporting, and the 24 reasonableness of the efforts where they are appropriate; 25 (3) any impairment of the present and future 26 earning capacity of either party; 27 (4) the tax consequences of the maintenance 28 payments upon the respective economic circumstances of 29 the parties; 30 (5) the duration of the maintenance payments 31 previously paid (and remaining to be paid) relative to 32 the length of the marriage; 33 (6) the property, including retirement benefits, 34 awarded to each party under the judgment of dissolution SB117 Engrossed -3- LRB9201438WHpc 1 of marriage, judgment of legal separation, or judgment of 2 declaration of invalidity of marriage and the present 3 status of the property; 4 (7) the increase or decrease in each party's income 5 since the prior judgment or order from which a review, 6 modification, or termination is being sought; 7 (8) the property acquired and currently owned by 8 each party after the entry of the judgment of dissolution 9 of marriage, judgment of legal separation, or judgment of 10 declaration of invalidity of marriage; and 11 (9) any other factor that the court expressly finds 12 to be just and equitable. 13 (b) The provisions as to property disposition may not be 14 revoked or modified, unless the court finds the existence of 15 conditions that justify the reopening of a judgment under the 16 laws of this State. 17 (c) Unless otherwise agreed by the parties in a written 18 agreement set forth in the judgment or otherwise approved by 19 the court, the obligation to pay future maintenance is 20 terminated upon the death of either party, or the remarriage 21 of the party receiving maintenance, or if the party receiving 22 maintenance cohabits with another person on a resident, 23 continuing conjugal basis. 24 (d) Unless otherwise agreed in writing or expressly 25 provided in a judgment, provisions for the support of a child 26 are terminated by emancipation of the child, except as 27 otherwise provided herein, but not by the death of a parent 28 obligated to support or educate the child. An existing 29 obligation to pay for support or educational expenses, or 30 both, is not terminated by the death of a parent. When a 31 parent obligated to pay support or educational expenses, or 32 both, dies, the amount of support or educational expenses, or 33 both, may be enforced, modified, revoked or commuted to a 34 lump sum payment, as equity may require, and that SB117 Engrossed -4- LRB9201438WHpc 1 determination may be provided for at the time of the 2 dissolution of the marriage or thereafter. 3 (e) The right to petition for support or educational 4 expenses, or both, under Sections 505 and 513 is not 5 extinguished by the death of a parent. Upon a petition filed 6 before or after a parent's death, the court may award sums of 7 money out of the decedent's estate for the child's support or 8 educational expenses, or both, as equity may require. The 9 time within which a claim may be filed against the estate of 10 a decedent under Sections 505 and 513 and subsection (d) and 11 this subsection shall be governed by the provisions of the 12 Probate Act of 1975, as a barrable, noncontingent claim. 13 (Source: P.A. 87-714; 88-42; 88-307; 88-670, eff. 12-2-94.)