Bill Status of HB2337 98th General Assembly
Short Description: DISSOL-MAINTENANCE GUIDELINES
Rep. Robyn Gabel
| 12/3/2014||House||Session Sine Die|
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if a court determines that a maintenance award is appropriate, the court must make an award pursuant to maintenance guidelines or pursuant to a list of relevant factors. Provides that if a maintenance award is appropriate, the parties' gross income is less than $250,000, and no multiple family situation exists, these maintenance guidelines shall be used by the court: (1) the amount of maintenance is calculated by using designated percentages of the gross income of the payor, of the payee, and of both parties; and (2) the duration of a guidelines maintenance award is based upon a calculation that utilizes the length of the marriage and, for marriages of 20 years or more, the court may order either permanent maintenance or maintenance for a period of years that is equal to the length of the marriage. Provides that in an action filed less than 10 years after the date of the marriage, if the court grants maintenance for a fixed period of time, the court may also set a "permanent termination" date, after which maintenance is barred. Provides that in a case involving the issue of maintenance, the court shall make specific findings of fact and state the reason or reasons for awarding or not awarding maintenance. Provides that if the court deviates from otherwise applicable guidelines, the court must calculate what the maintenance amount would be under the guidelines and the reasons for the court's variance from the guidelines. Provides that for the purpose of determining maintenance, "gross income" means all income from all sources. Provides that, unless the parties agree, the court shall not order unallocated maintenance and child support, but the court, in its discretion, may order for unallocated maintenance and child support in a pre-dissolution temporary order. In provisions concerning child support guidelines, provides that "net income" does not include the amount of maintenance paid to the same person to whom the child support is payable. Adds headings to existing subsections.