Illinois General Assembly - Full Text of HB2537
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Full Text of HB2537  100th General Assembly




HB2537 EnrolledLRB100 04116 HEP 18019 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 5. The Code of Civil Procedure is amended by
5changing Section 21-103 as follows:
6    (735 ILCS 5/21-103)  (from Ch. 110, par. 21-103)
7    Sec. 21-103. Notice by publication.
8    (a) Previous notice shall be given of the intended
9application by publishing a notice thereof in some newspaper
10published in the municipality in which the person resides if
11the municipality is in a county with a population under
122,000,000, or if the person does not reside in a municipality
13in a county with a population under 2,000,000, or if no
14newspaper is published in the municipality or if the person
15resides in a county with a population of 2,000,000 or more,
16then in some newspaper published in the county where the person
17resides, or if no newspaper is published in that county, then
18in some convenient newspaper published in this State. The
19notice shall be inserted for 3 consecutive weeks after filing,
20the first insertion to be at least 6 weeks before the return
21day upon which the petition is to be heard, and shall be signed
22by the petitioner or, in case of a minor, the minor's parent or
23guardian, and shall set forth the return day of court on which



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1the petition is to be heard and the name sought to be assumed.
2    (b) The publication requirement of subsection (a) shall not
3be required in any application for a change of name involving a
4minor if, before making judgment under this Article, reasonable
5notice and opportunity to be heard is given to any parent whose
6parental rights have not been previously terminated and to any
7person who has physical custody of the child. If any of these
8persons are outside this State, notice and opportunity to be
9heard shall be given under Section 21-104.
10    (c) The Director of State Police or his or her designee may
11apply to the circuit court for an order directing that the
12notice and publication requirements of this Section be waived
13if the Director or his or her designee certifies that the name
14change being sought is intended to protect a witness during and
15following a criminal investigation or proceeding.
16    (d) The maximum rate charged for publication of a notice
17under this Section may not exceed the lowest classified rate
18paid by commercial users for comparable space in the newspaper
19in which the notice appears and shall include all cash
20discounts, multiple insertion discounts, and similar benefits
21extended to the newspaper's regular customers.
22(Source: P.A. 94-147, eff. 1-1-06.)
23    Section 10. The Code of Civil Procedure is amended by
24adding Section 21-103.5 as follows:



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1    (735 ILCS 5/21-103.5 new)
2    Sec. 21-103.5. Change of name involving a minor. In any
3application for a change of name involving a minor, before a
4judgment under this Article may be entered, actual notice and
5an opportunity to be heard shall be given to any parent whose
6parental rights have not been previously terminated and to any
7person who has been allocated parental responsibilities under
8Section 602.5 or 602.7 of the Illinois Marriage and Dissolution
9of Marriage Act. If any of these persons is outside this State,
10notice and an opportunity to be heard shall be given under
11Section 21-104.
12    Section 15. The Illinois Marriage and Dissolution of
13Marriage Act is amended by changing Sections 413 and 504 as
15    (750 ILCS 5/413)  (from Ch. 40, par. 413)
16    Sec. 413. Judgment.
17    (a) A judgment of dissolution of marriage or of legal
18separation or of declaration of invalidity of marriage shall be
19entered within 60 days of the closing of proofs; however, if
20the court enters an order specifying good cause as to why the
21court needs an additional 30 days, the judgment shall be
22entered within 90 days of the closing of proofs, including any
23hearing under subsection (j) of Section 503 of this Act and
24submission of closing arguments. A judgment of dissolution of



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1marriage or of legal separation or of declaration of invalidity
2of marriage is final when entered, subject to the right of
3appeal. An appeal from the judgment of dissolution of marriage
4that does not challenge the finding as to grounds does not
5delay the finality of that provision of the judgment which
6dissolves the marriage, beyond the time for appealing from that
7provision, and either of the parties may remarry pending
8appeal. An order requiring maintenance or support of a spouse
9or a minor child or children entered under this Act or any
10other law of this State shall not be suspended or the
11enforcement thereof stayed pending the filing and resolution of
12post-judgment motions or an appeal.
13    (b) The clerk of the court shall give notice of the entry
14of a judgment of dissolution of marriage or legal separation or
15a declaration of invalidity of marriage:
16        (1) if the marriage is registered in this State, to the
17    county clerk of the county where the marriage is
18    registered, who shall enter the fact of dissolution of
19    marriage or legal separation or declaration of invalidity
20    of marriage in the marriage registry; and within 45 days
21    after the close of the month in which the judgment is
22    entered, the clerk shall forward the certificate to the
23    Department of Public Health on a form furnished by the
24    Department; or
25        (2) if the marriage is registered in another
26    jurisdiction, to the appropriate official of that



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1    jurisdiction, with the request that he enter the fact of
2    dissolution of marriage or legal separation or declaration
3    of invalidity of marriage in the appropriate record.
4    (c) Unless the person whose marriage is dissolved or
5declared invalid requests otherwise, the judgment under this
6Section shall contain a provision authorizing the person to
7resume the use of his or her former or maiden name, should he
8or she choose to do so, at any time he or she chooses to do so.
9Upon request by a wife whose marriage is dissolved or declared
10invalid, the court shall order her maiden name or a former name
12    (d) A judgment of dissolution of marriage or legal
13separation, if made, shall be awarded to both of the parties,
14and shall provide that it affects the status previously
15existing between the parties in the manner adjudged.
16(Source: P.A. 99-90, eff. 1-1-16.)
17    (750 ILCS 5/504)  (from Ch. 40, par. 504)
18    Sec. 504. Maintenance.
19    (a) Entitlement to maintenance. In a proceeding for
20dissolution of marriage or legal separation or declaration of
21invalidity of marriage, or a proceeding for maintenance
22following dissolution of the marriage by a court which lacked
23personal jurisdiction over the absent spouse, the court may
24grant a maintenance award for either spouse in amounts and for
25periods of time as the court deems just, without regard to



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1marital misconduct, and the maintenance may be paid from the
2income or property of the other spouse. The court shall first
3determine whether a maintenance award is appropriate, after
4consideration of all relevant factors, including:
5        (1) the income and property of each party, including
6    marital property apportioned and non-marital property
7    assigned to the party seeking maintenance as well as all
8    financial obligations imposed on the parties as a result of
9    the dissolution of marriage;
10        (2) the needs of each party;
11        (3) the realistic present and future earning capacity
12    of each party;
13        (4) any impairment of the present and future earning
14    capacity of the party seeking maintenance due to that party
15    devoting time to domestic duties or having forgone or
16    delayed education, training, employment, or career
17    opportunities due to the marriage;
18        (5) any impairment of the realistic present or future
19    earning capacity of the party against whom maintenance is
20    sought;
21        (6) the time necessary to enable the party seeking
22    maintenance to acquire appropriate education, training,
23    and employment, and whether that party is able to support
24    himself or herself through appropriate employment or any
25    parental responsibility arrangements and its effect on the
26    party seeking employment;



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1        (7) the standard of living established during the
2    marriage;
3        (8) the duration of the marriage;
4        (9) the age, health, station, occupation, amount and
5    sources of income, vocational skills, employability,
6    estate, liabilities, and the needs of each of the parties;
7        (10) all sources of public and private income
8    including, without limitation, disability and retirement
9    income;
10        (11) the tax consequences of the property division upon
11    the respective economic circumstances of the parties;
12        (12) contributions and services by the party seeking
13    maintenance to the education, training, career or career
14    potential, or license of the other spouse;
15        (13) any valid agreement of the parties; and
16        (14) any other factor that the court expressly finds to
17    be just and equitable.
18    (b) (Blank).
19    (b-1) Amount and duration of maintenance. If the court
20determines that a maintenance award is appropriate, the court
21shall order maintenance in accordance with either paragraph (1)
22or (2) of this subsection (b-1):
23        (1) Maintenance award in accordance with guidelines.
24    In situations when the combined gross annual income of the
25    parties is less than $500,000 $250,000 and the payor has no
26    obligation to pay child support or maintenance or both from



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1    a prior relationship, maintenance payable after the date
2    the parties' marriage is dissolved shall be in accordance
3    with subparagraphs (A) and (B) of this paragraph (1),
4    unless the court makes a finding that the application of
5    the guidelines would be inappropriate.
6            (A) The amount of maintenance under this paragraph
7        (1) shall be calculated by taking 30% of the payor's
8        gross annual income minus 20% of the payee's gross
9        annual income. The amount calculated as maintenance,
10        however, when added to the gross income of the payee,
11        may not result in the payee receiving an amount that is
12        in excess of 40% of the combined gross income of the
13        parties.
14            (B) The duration of an award under this paragraph
15        (1) shall be calculated by multiplying the length of
16        the marriage at the time the action was commenced by
17        whichever of the following factors applies: less than 5
18        years (.20); 5 years or more but less than 6 years
19        (.24); 6 years or more but less than 7 years (.28); 7
20        years or more but less than 8 years (.32); 8 years or
21        more but less than 9 years (.36); 9 years or more but
22        less than 10 years (.40); 10 years or more but less
23        than 11 years (.44); 11 years or more but less than 12
24        years (.48); 12 years or more but less than 13 years
25        (.52); 13 years or more but less than 14 years (.56);
26        14 years or more but less than 15 years (.60); 15 years



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1        or more but less than 16 years (.64); 16 years or more
2        but less than 17 years (.68); 17 years or more but less
3        than 18 years (.72); 18 years or more but less than 19
4        years (.76); 19 years or more but less than 20 years
5        (.80). 5 years or less (.20); more than 5 years but
6        less than 10 years (.40); 10 years or more but less
7        than 15 years (.60); or 15 years or more but less than
8        20 years (.80). For a marriage of 20 or more years, the
9        court, in its discretion, shall order either permanent
10        maintenance or maintenance for a period equal to the
11        length of the marriage or for an indefinite term.
12        (1.5) In the discretion of the court, any term of
13    temporary maintenance paid by court order pursuant to
14    Section 501 may be a corresponding credit to the duration
15    of maintenance set forth in subparagraph (b-1)(1)(B).
16        (2) Maintenance award not in accordance with
17    guidelines. Any non-guidelines award of maintenance shall
18    be made after the court's consideration of all relevant
19    factors set forth in subsection (a) of this Section.
20    (b-2) Findings. In each case involving the issue of
21maintenance, the court shall make specific findings of fact, as
23        (1) the court shall state its reasoning for awarding or
24    not awarding maintenance and shall include references to
25    each relevant factor set forth in subsection (a) of this
26    Section; and



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1        (2) if the court deviates from otherwise applicable
2    guidelines under paragraph (1) of subsection (b-1), it
3    shall state in its findings the amount of maintenance (if
4    determinable) or duration that would have been required
5    under the guidelines and the reasoning for any variance
6    from the guidelines.
7    (b-3) Gross income. For purposes of this Section, the term
8"gross income" means all income from all sources, within the
9scope of that phrase in Section 505 of this Act.
10    (b-4) Unallocated maintenance. Unless the parties
11otherwise agree, the court may not order unallocated
12maintenance and child support in any dissolution judgment or in
13any post-dissolution order. In its discretion, the court may
14order unallocated maintenance and child support in any
15pre-dissolution temporary order.
16    (b-4.5) Fixed-term maintenance in marriages of less than 10
17years. If a court grants maintenance for a fixed period under
18subsection (a) of this Section at the conclusion of a case
19commenced before the tenth anniversary of the marriage, the
20court may also designate the termination of the period during
21which this maintenance is to be paid as a "permanent
22termination". The effect of this designation is that
23maintenance is barred after the ending date of the period
24during which maintenance is to be paid.
25    (b-5) Interest on maintenance. Any maintenance obligation
26including any unallocated maintenance and child support



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1obligation, or any portion of any support obligation, that
2becomes due and remains unpaid shall accrue simple interest as
3set forth in Section 505 of this Act.
4    (b-7) Maintenance judgments. Any new or existing
5maintenance order including any unallocated maintenance and
6child support order entered by the court under this Section
7shall be deemed to be a series of judgments against the person
8obligated to pay support thereunder. Each such judgment to be
9in the amount of each payment or installment of support and
10each such judgment to be deemed entered as of the date the
11corresponding payment or installment becomes due under the
12terms of the support order, except no judgment shall arise as
13to any installment coming due after the termination of
14maintenance as provided by Section 510 of the Illinois Marriage
15and Dissolution of Marriage Act or the provisions of any order
16for maintenance. Each such judgment shall have the full force,
17effect and attributes of any other judgment of this State,
18including the ability to be enforced. Notwithstanding any other
19State or local law to the contrary, a lien arises by operation
20of law against the real and personal property of the obligor
21for each installment of overdue support owed by the obligor.
22    (b-8) Upon review of any previously ordered maintenance
23award, the court may extend maintenance for further review,
24extend maintenance for a fixed non-modifiable term, extend
25maintenance for an indefinite term, or permanently terminate
26maintenance in accordance with subdivision (b-1)(1)(A) of this



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2    (c) Maintenance during an appeal. The court may grant and
3enforce the payment of maintenance during the pendency of an
4appeal as the court shall deem reasonable and proper.
5    (d) Maintenance during imprisonment. No maintenance shall
6accrue during the period in which a party is imprisoned for
7failure to comply with the court's order for the payment of
8such maintenance.
9    (e) Fees when maintenance is paid through the clerk. When
10maintenance is to be paid through the clerk of the court in a
11county of 1,000,000 inhabitants or less, the order shall direct
12the obligor to pay to the clerk, in addition to the maintenance
13payments, all fees imposed by the county board under paragraph
14(3) of subsection (u) of Section 27.1 of the Clerks of Courts
15Act. Unless paid in cash or pursuant to an order for
16withholding, the payment of the fee shall be by a separate
17instrument from the support payment and shall be made to the
18order of the Clerk.
19    (f) Maintenance secured by life insurance. An award ordered
20by a court upon entry of a dissolution judgment or upon entry
21of an award of maintenance following a reservation of
22maintenance in a dissolution judgment may be reasonably
23secured, in whole or in part, by life insurance on the payor's
24life on terms as to which the parties agree, or, if they do not
25agree, on such terms determined by the court, subject to the



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1        (1) With respect to existing life insurance, provided
2    the court is apprised through evidence, stipulation, or
3    otherwise as to level of death benefits, premium, and other
4    relevant data and makes findings relative thereto, the
5    court may allocate death benefits, the right to assign
6    death benefits, or the obligation for future premium
7    payments between the parties as it deems just.
8        (2) To the extent the court determines that its award
9    should be secured, in whole or in part, by new life
10    insurance on the payor's life, the court may only order:
11            (i) that the payor cooperate on all appropriate
12        steps for the payee to obtain such new life insurance;
13        and
14            (ii) that the payee, at his or her sole option and
15        expense, may obtain such new life insurance on the
16        payor's life up to a maximum level of death benefit
17        coverage, or descending death benefit coverage, as is
18        set by the court, such level not to exceed a reasonable
19        amount in light of the court's award, with the payee or
20        the payee's designee being the beneficiary of such life
21        insurance.
22    In determining the maximum level of death benefit coverage,
23    the court shall take into account all relevant facts and
24    circumstances, including the impact on access to life
25    insurance by the maintenance payor. If in resolving any
26    issues under paragraph (2) of this subsection (f) a court



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1    reviews any submitted or proposed application for new
2    insurance on the life of a maintenance payor, the review
3    shall be in camera.
4        (3) A judgment shall expressly set forth that all death
5    benefits paid under life insurance on a payor's life
6    maintained or obtained pursuant to this subsection to
7    secure maintenance are designated as excludable from the
8    gross income of the maintenance payee under Section
9    71(b)(1)(B) of the Internal Revenue Code, unless an
10    agreement or stipulation of the parties otherwise
11    provides.
12(Source: P.A. 98-961, eff. 1-1-15; 99-90, eff. 1-1-16; 99-763,
13eff. 1-1-17.)