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Public Act 100-0520


 

Public Act 0520 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0520
 
HB2537 EnrolledLRB100 04116 HEP 18019 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Civil Procedure is amended by
changing Section 21-103 as follows:
 
    (735 ILCS 5/21-103)  (from Ch. 110, par. 21-103)
    Sec. 21-103. Notice by publication.
    (a) Previous notice shall be given of the intended
application by publishing a notice thereof in some newspaper
published in the municipality in which the person resides if
the municipality is in a county with a population under
2,000,000, or if the person does not reside in a municipality
in a county with a population under 2,000,000, or if no
newspaper is published in the municipality or if the person
resides in a county with a population of 2,000,000 or more,
then in some newspaper published in the county where the person
resides, or if no newspaper is published in that county, then
in some convenient newspaper published in this State. The
notice shall be inserted for 3 consecutive weeks after filing,
the first insertion to be at least 6 weeks before the return
day upon which the petition is to be heard, and shall be signed
by the petitioner or, in case of a minor, the minor's parent or
guardian, and shall set forth the return day of court on which
the petition is to be heard and the name sought to be assumed.
    (b) The publication requirement of subsection (a) shall not
be required in any application for a change of name involving a
minor if, before making judgment under this Article, reasonable
notice and opportunity to be heard is given to any parent whose
parental rights have not been previously terminated and to any
person who has physical custody of the child. If any of these
persons are outside this State, notice and opportunity to be
heard shall be given under Section 21-104.
    (c) The Director of State Police or his or her designee may
apply to the circuit court for an order directing that the
notice and publication requirements of this Section be waived
if the Director or his or her designee certifies that the name
change being sought is intended to protect a witness during and
following a criminal investigation or proceeding.
    (d) The maximum rate charged for publication of a notice
under this Section may not exceed the lowest classified rate
paid by commercial users for comparable space in the newspaper
in which the notice appears and shall include all cash
discounts, multiple insertion discounts, and similar benefits
extended to the newspaper's regular customers.
(Source: P.A. 94-147, eff. 1-1-06.)
 
    Section 10. The Code of Civil Procedure is amended by
adding Section 21-103.5 as follows:
 
    (735 ILCS 5/21-103.5 new)
    Sec. 21-103.5. Change of name involving a minor. In any
application for a change of name involving a minor, before a
judgment under this Article may be entered, actual notice and
an opportunity to be heard shall be given to any parent whose
parental rights have not been previously terminated and to any
person who has been allocated parental responsibilities under
Section 602.5 or 602.7 of the Illinois Marriage and Dissolution
of Marriage Act. If any of these persons is outside this State,
notice and an opportunity to be heard shall be given under
Section 21-104.
 
    Section 15. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Sections 413 and 504 as
follows:
 
    (750 ILCS 5/413)  (from Ch. 40, par. 413)
    Sec. 413. Judgment.
    (a) A judgment of dissolution of marriage or of legal
separation or of declaration of invalidity of marriage shall be
entered within 60 days of the closing of proofs; however, if
the court enters an order specifying good cause as to why the
court needs an additional 30 days, the judgment shall be
entered within 90 days of the closing of proofs, including any
hearing under subsection (j) of Section 503 of this Act and
submission of closing arguments. A judgment of dissolution of
marriage or of legal separation or of declaration of invalidity
of marriage is final when entered, subject to the right of
appeal. An appeal from the judgment of dissolution of marriage
that does not challenge the finding as to grounds does not
delay the finality of that provision of the judgment which
dissolves the marriage, beyond the time for appealing from that
provision, and either of the parties may remarry pending
appeal. An order requiring maintenance or support of a spouse
or a minor child or children entered under this Act or any
other law of this State shall not be suspended or the
enforcement thereof stayed pending the filing and resolution of
post-judgment motions or an appeal.
    (b) The clerk of the court shall give notice of the entry
of a judgment of dissolution of marriage or legal separation or
a declaration of invalidity of marriage:
        (1) if the marriage is registered in this State, to the
    county clerk of the county where the marriage is
    registered, who shall enter the fact of dissolution of
    marriage or legal separation or declaration of invalidity
    of marriage in the marriage registry; and within 45 days
    after the close of the month in which the judgment is
    entered, the clerk shall forward the certificate to the
    Department of Public Health on a form furnished by the
    Department; or
        (2) if the marriage is registered in another
    jurisdiction, to the appropriate official of that
    jurisdiction, with the request that he enter the fact of
    dissolution of marriage or legal separation or declaration
    of invalidity of marriage in the appropriate record.
    (c) Unless the person whose marriage is dissolved or
declared invalid requests otherwise, the judgment under this
Section shall contain a provision authorizing the person to
resume the use of his or her former or maiden name, should he
or she choose to do so, at any time he or she chooses to do so.
Upon request by a wife whose marriage is dissolved or declared
invalid, the court shall order her maiden name or a former name
restored.
    (d) A judgment of dissolution of marriage or legal
separation, if made, shall be awarded to both of the parties,
and shall provide that it affects the status previously
existing between the parties in the manner adjudged.
(Source: P.A. 99-90, eff. 1-1-16.)
 
    (750 ILCS 5/504)  (from Ch. 40, par. 504)
    Sec. 504. Maintenance.
    (a) Entitlement to maintenance. In a proceeding for
dissolution of marriage or legal separation or declaration of
invalidity of marriage, or a proceeding for maintenance
following dissolution of the marriage by a court which lacked
personal jurisdiction over the absent spouse, the court may
grant a maintenance award for either spouse in amounts and for
periods of time as the court deems just, without regard to
marital misconduct, and the maintenance may be paid from the
income or property of the other spouse. The court shall first
determine whether a maintenance award is appropriate, after
consideration of all relevant factors, including:
        (1) the income and property of each party, including
    marital property apportioned and non-marital property
    assigned to the party seeking maintenance as well as all
    financial obligations imposed on the parties as a result of
    the dissolution of marriage;
        (2) the needs of each party;
        (3) the realistic present and future earning capacity
    of each party;
        (4) any impairment of the present and future earning
    capacity of the party seeking maintenance due to that party
    devoting time to domestic duties or having forgone or
    delayed education, training, employment, or career
    opportunities due to the marriage;
        (5) any impairment of the realistic present or future
    earning capacity of the party against whom maintenance is
    sought;
        (6) the time necessary to enable the party seeking
    maintenance to acquire appropriate education, training,
    and employment, and whether that party is able to support
    himself or herself through appropriate employment or any
    parental responsibility arrangements and its effect on the
    party seeking employment;
        (7) the standard of living established during the
    marriage;
        (8) the duration of the marriage;
        (9) the age, health, station, occupation, amount and
    sources of income, vocational skills, employability,
    estate, liabilities, and the needs of each of the parties;
        (10) all sources of public and private income
    including, without limitation, disability and retirement
    income;
        (11) the tax consequences of the property division upon
    the respective economic circumstances of the parties;
        (12) contributions and services by the party seeking
    maintenance to the education, training, career or career
    potential, or license of the other spouse;
        (13) any valid agreement of the parties; and
        (14) any other factor that the court expressly finds to
    be just and equitable.
    (b) (Blank).
    (b-1) Amount and duration of maintenance. If the court
determines that a maintenance award is appropriate, the court
shall order maintenance in accordance with either paragraph (1)
or (2) of this subsection (b-1):
        (1) Maintenance award in accordance with guidelines.
    In situations when the combined gross annual income of the
    parties is less than $500,000 $250,000 and the payor has no
    obligation to pay child support or maintenance or both from
    a prior relationship, maintenance payable after the date
    the parties' marriage is dissolved shall be in accordance
    with subparagraphs (A) and (B) of this paragraph (1),
    unless the court makes a finding that the application of
    the guidelines would be inappropriate.
            (A) The amount of maintenance under this paragraph
        (1) shall be calculated by taking 30% of the payor's
        gross annual income minus 20% of the payee's gross
        annual income. The amount calculated as maintenance,
        however, when added to the gross income of the payee,
        may not result in the payee receiving an amount that is
        in excess of 40% of the combined gross income of the
        parties.
            (B) The duration of an award under this paragraph
        (1) shall be calculated by multiplying the length of
        the marriage at the time the action was commenced by
        whichever of the following factors applies: less than 5
        years (.20); 5 years or more but less than 6 years
        (.24); 6 years or more but less than 7 years (.28); 7
        years or more but less than 8 years (.32); 8 years or
        more but less than 9 years (.36); 9 years or more but
        less than 10 years (.40); 10 years or more but less
        than 11 years (.44); 11 years or more but less than 12
        years (.48); 12 years or more but less than 13 years
        (.52); 13 years or more but less than 14 years (.56);
        14 years or more but less than 15 years (.60); 15 years
        or more but less than 16 years (.64); 16 years or more
        but less than 17 years (.68); 17 years or more but less
        than 18 years (.72); 18 years or more but less than 19
        years (.76); 19 years or more but less than 20 years
        (.80). 5 years or less (.20); more than 5 years but
        less than 10 years (.40); 10 years or more but less
        than 15 years (.60); or 15 years or more but less than
        20 years (.80). For a marriage of 20 or more years, the
        court, in its discretion, shall order either permanent
        maintenance or maintenance for a period equal to the
        length of the marriage or for an indefinite term.
        (1.5) In the discretion of the court, any term of
    temporary maintenance paid by court order pursuant to
    Section 501 may be a corresponding credit to the duration
    of maintenance set forth in subparagraph (b-1)(1)(B).
        (2) Maintenance award not in accordance with
    guidelines. Any non-guidelines award of maintenance shall
    be made after the court's consideration of all relevant
    factors set forth in subsection (a) of this Section.
    (b-2) Findings. In each case involving the issue of
maintenance, the court shall make specific findings of fact, as
follows:
        (1) the court shall state its reasoning for awarding or
    not awarding maintenance and shall include references to
    each relevant factor set forth in subsection (a) of this
    Section; and
        (2) if the court deviates from otherwise applicable
    guidelines under paragraph (1) of subsection (b-1), it
    shall state in its findings the amount of maintenance (if
    determinable) or duration that would have been required
    under the guidelines and the reasoning for any variance
    from the guidelines.
    (b-3) Gross income. For purposes of this Section, the term
"gross income" means all income from all sources, within the
scope of that phrase in Section 505 of this Act.
    (b-4) Unallocated maintenance. Unless the parties
otherwise agree, the court may not order unallocated
maintenance and child support in any dissolution judgment or in
any post-dissolution order. In its discretion, the court may
order unallocated maintenance and child support in any
pre-dissolution temporary order.
    (b-4.5) Fixed-term maintenance in marriages of less than 10
years. If a court grants maintenance for a fixed period under
subsection (a) of this Section at the conclusion of a case
commenced before the tenth anniversary of the marriage, the
court may also designate the termination of the period during
which this maintenance is to be paid as a "permanent
termination". The effect of this designation is that
maintenance is barred after the ending date of the period
during which maintenance is to be paid.
    (b-5) Interest on maintenance. Any maintenance obligation
including any unallocated maintenance and child support
obligation, or any portion of any support obligation, that
becomes due and remains unpaid shall accrue simple interest as
set forth in Section 505 of this Act.
    (b-7) Maintenance judgments. Any new or existing
maintenance order including any unallocated maintenance and
child support order entered by the court under this Section
shall be deemed to be a series of judgments against the person
obligated to pay support thereunder. Each such judgment to be
in the amount of each payment or installment of support and
each such judgment to be deemed entered as of the date the
corresponding payment or installment becomes due under the
terms of the support order, except no judgment shall arise as
to any installment coming due after the termination of
maintenance as provided by Section 510 of the Illinois Marriage
and Dissolution of Marriage Act or the provisions of any order
for maintenance. Each such judgment shall have the full force,
effect and attributes of any other judgment of this State,
including the ability to be enforced. Notwithstanding any other
State or local law to the contrary, a lien arises by operation
of law against the real and personal property of the obligor
for each installment of overdue support owed by the obligor.
    (b-8) Upon review of any previously ordered maintenance
award, the court may extend maintenance for further review,
extend maintenance for a fixed non-modifiable term, extend
maintenance for an indefinite term, or permanently terminate
maintenance in accordance with subdivision (b-1)(1)(A) of this
Section.
    (c) Maintenance during an appeal. The court may grant and
enforce the payment of maintenance during the pendency of an
appeal as the court shall deem reasonable and proper.
    (d) Maintenance during imprisonment. No maintenance shall
accrue during the period in which a party is imprisoned for
failure to comply with the court's order for the payment of
such maintenance.
    (e) Fees when maintenance is paid through the clerk. When
maintenance is to be paid through the clerk of the court in a
county of 1,000,000 inhabitants or less, the order shall direct
the obligor to pay to the clerk, in addition to the maintenance
payments, all fees imposed by the county board under paragraph
(3) of subsection (u) of Section 27.1 of the Clerks of Courts
Act. Unless paid in cash or pursuant to an order for
withholding, the payment of the fee shall be by a separate
instrument from the support payment and shall be made to the
order of the Clerk.
    (f) Maintenance secured by life insurance. An award ordered
by a court upon entry of a dissolution judgment or upon entry
of an award of maintenance following a reservation of
maintenance in a dissolution judgment may be reasonably
secured, in whole or in part, by life insurance on the payor's
life on terms as to which the parties agree, or, if they do not
agree, on such terms determined by the court, subject to the
following:
        (1) With respect to existing life insurance, provided
    the court is apprised through evidence, stipulation, or
    otherwise as to level of death benefits, premium, and other
    relevant data and makes findings relative thereto, the
    court may allocate death benefits, the right to assign
    death benefits, or the obligation for future premium
    payments between the parties as it deems just.
        (2) To the extent the court determines that its award
    should be secured, in whole or in part, by new life
    insurance on the payor's life, the court may only order:
            (i) that the payor cooperate on all appropriate
        steps for the payee to obtain such new life insurance;
        and
            (ii) that the payee, at his or her sole option and
        expense, may obtain such new life insurance on the
        payor's life up to a maximum level of death benefit
        coverage, or descending death benefit coverage, as is
        set by the court, such level not to exceed a reasonable
        amount in light of the court's award, with the payee or
        the payee's designee being the beneficiary of such life
        insurance.
    In determining the maximum level of death benefit coverage,
    the court shall take into account all relevant facts and
    circumstances, including the impact on access to life
    insurance by the maintenance payor. If in resolving any
    issues under paragraph (2) of this subsection (f) a court
    reviews any submitted or proposed application for new
    insurance on the life of a maintenance payor, the review
    shall be in camera.
        (3) A judgment shall expressly set forth that all death
    benefits paid under life insurance on a payor's life
    maintained or obtained pursuant to this subsection to
    secure maintenance are designated as excludable from the
    gross income of the maintenance payee under Section
    71(b)(1)(B) of the Internal Revenue Code, unless an
    agreement or stipulation of the parties otherwise
    provides.
(Source: P.A. 98-961, eff. 1-1-15; 99-90, eff. 1-1-16; 99-763,
eff. 1-1-17.)

Effective Date: 6/1/2018