Full Text of HB3982 99th General Assembly
HB3982eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil 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 Sections 505 and 510 as | 6 | | follows:
| 7 | | (750 ILCS 5/505) (from Ch. 40, par. 505)
| 8 | | Sec. 505. Child support; contempt; penalties.
| 9 | | (a) In a proceeding for dissolution of marriage, legal | 10 | | separation,
declaration of invalidity of marriage, dissolution | 11 | | of a civil union, a proceeding for child support
following | 12 | | dissolution of the marriage or civil union by a court that | 13 | | lacked personal
jurisdiction over the absent spouse, a | 14 | | proceeding for modification of a
previous order for child | 15 | | support under Section 510 of this Act, or any
proceeding | 16 | | authorized under Section 501 or 601 of this Act, the court may
| 17 | | order either or both parents owing a duty of support to a child | 18 | | of the
marriage or civil union to pay an amount reasonable and | 19 | | necessary for the support of the child, without
regard to | 20 | | marital misconduct . The duty of support owed to a child
| 21 | | includes the obligation to provide for the reasonable and | 22 | | necessary
educational, physical, mental and emotional health | 23 | | needs of the child.
For purposes of this Section, the term |
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| 1 | | "child" shall include any child under
age 18 and
any child | 2 | | under age 19 or younger who is still attending high school.
| 3 | | (1) Child support guidelines. The Department of | 4 | | Healthcare and Family Services shall adopt rules | 5 | | establishing child support guidelines which include | 6 | | worksheets to aid in the calculation of the child support | 7 | | award and a table that reflects the percentage of combined | 8 | | net income that parents living in the same household in | 9 | | this State ordinarily spend on their children. The child | 10 | | support guidelines have the following purposes: | 11 | | (A) to establish as State policy an adequate | 12 | | standard of support for children, subject to the | 13 | | ability of parents to pay; | 14 | | (B) to make awards more equitable by ensuring more | 15 | | consistent treatment of persons in similar | 16 | | circumstances; | 17 | | (C) to improve the efficiency of the court process | 18 | | by promoting settlements and giving courts and the | 19 | | parties guidance in establishing levels of awards; | 20 | | (D) to calculate child support based upon the | 21 | | parents' combined adjusted net income estimated to | 22 | | have been allocated to the child if the parents and | 23 | | children were living in an intact household; | 24 | | (E) to adjust the child support based upon the | 25 | | needs of the children;
and | 26 | | (F) to allocate the amount of child support to be |
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| 1 | | paid by each parent based upon the child support and | 2 | | the child's physical care arrangements. | 3 | | (2) Duty of support. The court shall award child | 4 | | support in each case by applying the child support | 5 | | guidelines unless the court makes a finding that | 6 | | application of the guidelines would be inappropriate, | 7 | | after considering the best interest of the child in light | 8 | | of evidence which shows relevant factors including, but not | 9 | | limited to, one or more of the following: | 10 | | (A) the financial resources and needs of the child; | 11 | | (B) the financial resources and needs of the | 12 | | custodial parent; | 13 | | (C) the standard of living the child would have | 14 | | enjoyed had the marriage or civil union not been | 15 | | dissolved; | 16 | | (D) the physical and emotional condition of the | 17 | | child and his or her educational needs; and | 18 | | (E) the financial resources and needs of the | 19 | | noncustodial parent. | 20 | | (3) Income. | 21 | | (A) As used in this Section, "gross income" means | 22 | | the total of all income from all sources, except "gross | 23 | | income" does not include (i) benefits received by the | 24 | | parent from means-tested public assistance programs, | 25 | | including, but not limited to, Temporary Assistance to | 26 | | Needy Families, Supplemental Security Income, and the |
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| 1 | | Supplemental Nutrition Assistance Program or (ii) | 2 | | benefits and income received by the parent for other | 3 | | children in the household, including, but not limited | 4 | | to, child support, survivor benefits, and foster care | 5 | | payments. Social security disability and retirement | 6 | | benefits paid for the benefit of the subject child must | 7 | | be included in the disabled or retired parent's gross | 8 | | income for purposes of calculating the parent's child | 9 | | support obligation, but the parent is entitled to a | 10 | | child support credit for the amount of benefits paid to | 11 | | the other parent for the child. Spousal support or | 12 | | spousal maintenance received pursuant to a court order | 13 | | in the pending proceedings or any other proceedings | 14 | | must be included in the recipient's gross income for | 15 | | purposes of calculating the parent's child support | 16 | | obligation. | 17 | | (B) As used in this Section, "net income" means | 18 | | gross income minus either the standardized tax amount | 19 | | calculated pursuant to subparagraph (C) of this | 20 | | paragraph (3) or the individualized tax amount | 21 | | calculated pursuant to subparagraph (D) of this | 22 | | paragraph (3), and minus any adjustments pursuant to | 23 | | subparagraph (F) of this paragraph (3). The | 24 | | standardized tax amount shall be used unless the | 25 | | requirements for an individualized tax amount set | 26 | | forth in subparagraph (F) of this paragraph (3) are |
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| 1 | | met. | 2 | | (C) As used in this Section, "standardized tax | 3 | | amount" means the total of federal and state income | 4 | | taxes for a single person claiming the standard tax | 5 | | deduction, one personal exemption, and the applicable | 6 | | number of dependency exemptions for the minor child or | 7 | | children of the parties, and Social Security tax and | 8 | | Medicaid tax calculated at the Federal Insurance | 9 | | Contributions Act rate. | 10 | | (I) Unless a court has previously determined | 11 | | otherwise or the parties otherwise agree, the | 12 | | custodial parent shall be deemed entitled to claim | 13 | | the dependency exemption for the parties' minor | 14 | | child or children. | 15 | | (II) The Department of Healthcare and Family | 16 | | Services shall promulgate a chart that computes | 17 | | net income by deducting the standardized tax | 18 | | amount from gross income. | 19 | | (D) As used in this Section, "individualized tax | 20 | | amount" means the aggregate of the following taxes: | 21 | | (I) federal income tax (properly calculated | 22 | | withholding or estimated payments); | 23 | | (II) State income tax (properly calculated | 24 | | withholding or estimated payments); and | 25 | | (III) Social Security (or, if none, mandatory | 26 | | retirement contributions required by law or as a |
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| 1 | | condition of employment) and Medicare tax | 2 | | calculated at the Federal Insurance Contributions | 3 | | Act rate. | 4 | | (E) In lieu of a standardized tax amount, a | 5 | | determination of an individualized tax amount may be | 6 | | made under items (I), (II), or (III) below. If an | 7 | | individualized tax amount determination is made under | 8 | | this subparagraph (E), all relevant tax attributes | 9 | | (including filing status, allocation of dependency | 10 | | exemptions, and whether a party is to claim the | 11 | | standard deduction or itemized deductions for federal | 12 | | income tax purposes) shall be as the parties agree or | 13 | | as the court determines. To determine a party's | 14 | | reported income, the court may order the party to | 15 | | complete an Internal Revenue Service Form 4506-T, | 16 | | Request for Tax Transcript. | 17 | | (I) Agreement. Irrespective of whether the | 18 | | parties agree on any other issue before the court, | 19 | | if they jointly stipulate for the record their | 20 | | concurrence on a computation method for the | 21 | | individualized tax amount that is different from | 22 | | the method set forth under subparagraph (D), the | 23 | | stipulated method shall be used by the court unless | 24 | | the court rejects the proposed stipulated method | 25 | | for good cause. | 26 | | (II) Summary hearing. If the court determines |
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| 1 | | child support in a summary hearing under Section | 2 | | 501 and an eligible party opts in to the | 3 | | computation method under this item (II), the | 4 | | individualized tax amount shall be determined by | 5 | | the court on the basis of information contained in | 6 | | one or both parties' financial disclosure | 7 | | statement, financial affidavit, or similar | 8 | | instrument and relevant supporting documents under | 9 | | applicable court rules. No party, however, is | 10 | | eligible to opt in unless the party, under | 11 | | applicable rules, has served the other party with | 12 | | the required statement, affidavit, or other | 13 | | instrument and has also substantially turned over | 14 | | supporting documents to the extent required by the | 15 | | applicable rule at the time of service of the | 16 | | statement, affidavit, or other instrument. | 17 | | (III) Evidentiary hearing. If the court | 18 | | determines child support in an evidentiary | 19 | | hearing, whether for purposes of a temporary order | 20 | | or at the conclusion of a proceeding, item (II) of | 21 | | this subparagraph (E) does not apply. In each such | 22 | | case (unless item (I) governs), the individualized | 23 | | tax amount shall be as determined by the court on | 24 | | the basis of the record established. | 25 | | (F) Adjustments to gross income. | 26 | | (I) If a parent also is legally responsible for |
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| 1 | | support of children not shared with the other | 2 | | parent and not subject to the present proceeding, | 3 | | there shall be an adjustment to gross income as | 4 | | follows: | 5 | | (i) The amount of child support actually | 6 | | paid by the parent pursuant to a support order | 7 | | shall be deducted from the parent's gross | 8 | | income. | 9 | | (ii) The amount of financial support | 10 | | actually paid by the parent for children living | 11 | | in or outside of that parent's household or 75% | 12 | | of the support the parent would pay under the | 13 | | child support guidelines, whichever is less, | 14 | | shall be deducted from that parent's gross | 15 | | income. | 16 | | (II) Obligations pursuant to a court order for | 17 | | maintenance in the pending proceeding actually | 18 | | paid or payable under Section 504 to the same party | 19 | | to whom child support is to be payable shall be | 20 | | deducted from the parent's gross income. | 21 | | (3.1) Business income.
For purposes of calculating | 22 | | child support, net business income from the operation of a | 23 | | business means gross receipts minus ordinary and necessary | 24 | | expenses required to carry on the trade or business. As | 25 | | used in this paragraph, "business" includes, but is not | 26 | | limited to, sole proprietorships, closely held |
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| 1 | | corporations, partnerships, other flow-through business | 2 | | entities, and self-employment. The court shall apply the | 3 | | following: | 4 | | (A) The accelerated component of depreciation and | 5 | | any business expenses determined either judicially or | 6 | | administratively to be inappropriate or excessive | 7 | | shall be excluded from the total of ordinary and | 8 | | necessary business expenses to be deducted in the | 9 | | determination of net business income from gross | 10 | | business income. | 11 | | (B) Any item of reimbursement or in-kind payment | 12 | | received by a parent from the business, including, but | 13 | | not limited to, a company car, free housing or a | 14 | | housing allowance, or reimbursed meals, shall be | 15 | | counted as income if not otherwise included in the | 16 | | recipient's gross income, if the item is significant in | 17 | | amount and reduces personal expenses. | 18 | | (3.2) Unemployment or underemployment.
If a parent is | 19 | | voluntarily unemployed or underemployed, child support | 20 | | shall be calculated based on a determination of potential | 21 | | income. A determination of potential income shall be made | 22 | | by determining employment potential and probable earnings | 23 | | level based on the obligor's work history, occupational | 24 | | qualifications, prevailing job opportunities, the | 25 | | ownership by a parent of a substantial non-income producing | 26 | | asset, and earnings levels in the community. If there is |
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| 1 | | insufficient work history to determine employment | 2 | | potential and probable earnings level, there shall be a | 3 | | rebuttable presumption that the parent's potential income | 4 | | is 75% of the most recent United States Department of | 5 | | Health and Human Services Federal Poverty Guidelines for a | 6 | | family of one person. | 7 | | (3.3) Minimum orders.
There is a rebuttable | 8 | | presumption in any judicial or administrative proceeding | 9 | | for child support that the amount of the award which would | 10 | | result from the application of the child support guidelines | 11 | | is the correct amount of child support to be awarded. | 12 | | There is a rebuttable presumption that a minimum child | 13 | | support obligation of $40 per month, per child, will be | 14 | | entered for a payor parent who has actual or imputed income | 15 | | at or less than 75% of the most recent United States | 16 | | Department of Health and Human Services Federal Poverty | 17 | | Guidelines for a family of one person, with a maximum total | 18 | | child support obligation for that payor of $120 per month | 19 | | to be divided equally among all of the payor parent's | 20 | | children. | 21 | | For parents with no gross income, including those who | 22 | | receive only means-tested assistance or who cannot work due | 23 | | to a medically proven disability, incarceration, or | 24 | | institutionalization, there is a rebuttable presumption | 25 | | that the $40 per month minimum support order is | 26 | | inappropriate and a zero dollar order shall be entered. |
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| 1 | | (3.4) Deviation factors.
In any action to establish or | 2 | | modify child support, whether temporary or permanent, the | 3 | | child support guidelines shall be used as a rebuttable | 4 | | presumption for the establishment or modification of the | 5 | | amount of child support. The court may deviate from the | 6 | | child support guidelines if the application would be | 7 | | inequitable, unjust, or inappropriate. Any deviation shall | 8 | | be accompanied by written findings by the court specifying | 9 | | the reasons for the deviation and the presumed amount under | 10 | | the child support guidelines without a deviation. These | 11 | | reasons may include: | 12 | | (A) extraordinary medical expenditures necessary | 13 | | to preserve the life or health of a party or a child of | 14 | | either or both of the parties; | 15 | | (B) additional expenses incurred for a child | 16 | | subject to the child support order who has special | 17 | | medical, physical, or developmental needs; and | 18 | | (C) any other factor the court determines should be | 19 | | applied upon a finding that the application of the | 20 | | child support guidelines would be inappropriate, after | 21 | | considering the best interest of the child. | 22 | | (3.5) Income in excess of table. A court may use | 23 | | discretion to determine child support if the combined | 24 | | adjusted gross income exceeds the uppermost levels of the | 25 | | schedule of basic child support obligations, except that | 26 | | the presumptive basic child support obligation shall not be |
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| 1 | | less than it would be based on the highest level of | 2 | | adjusted gross income set forth in the schedule of basic | 3 | | child support obligations. | 4 | | (3.6) Extracurricular activities and school expenses.
| 5 | | The court, in its discretion, in addition to the basic | 6 | | child support obligation, may order either or both parents | 7 | | owing a duty of support to the child to contribute to the | 8 | | reasonable school and extracurricular activity expenses | 9 | | incurred which are intended to enhance the educational, | 10 | | athletic, social, or cultural development of the child. | 11 | | (3.7) Child care expenses.
The court, in its | 12 | | discretion, in addition to the basic child support | 13 | | obligation, may order either or both parents owing a duty | 14 | | of support to the child to contribute to the reasonable | 15 | | child care expenses of the child. The child care expenses | 16 | | shall be made payable directly to a party or directly to | 17 | | the child care provider at the time of services. | 18 | | (A) As used in this paragraph (3.7), "child care | 19 | | expenses" means actual annualized monthly child care | 20 | | expenses reasonably necessary to enable a parent or | 21 | | non-parent custodian to be employed, attend education | 22 | | and training activities, or job search, and includes | 23 | | after-school care and all work-related child care | 24 | | expenses incurred while receiving education or | 25 | | training to improve employment opportunities. "Child | 26 | | care expenses" includes deposits for the retention of |
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| 1 | | securing placement in child care programs. "Child care | 2 | | expenses" may include camps when school is not in | 3 | | session. Parties may agree on additional day camps. | 4 | | Child care expenses due to a child's special needs | 5 | | shall be a consideration in determining reasonable | 6 | | child care expenses for a child with special needs. | 7 | | (B) Child care expenses shall be calculated as set | 8 | | forth in this paragraph. Child care expenses shall be | 9 | | prorated in proportion to each parent's percentage | 10 | | share of combined parental net income, and added to the | 11 | | basic child support obligation. The obligor's portion | 12 | | of actual child care expenses shall appear in the | 13 | | support order. The obligee's share of child care | 14 | | expenses shall be paid by the obligee directly to the | 15 | | child care provider. | 16 | | (C) The amount of child care expenses shall be | 17 | | adequate to obtain reasonable and necessary child | 18 | | care. The family's actual child care expenses shall be | 19 | | used to calculate the child care expense | 20 | | contributions, if available. When actual child care | 21 | | expenses vary, the actual child care expenses shall be | 22 | | averaged over the most recent 12-month period. When the | 23 | | parent is temporarily unemployed or temporarily not | 24 | | attending school, then child care expenses shall be | 25 | | based upon prospective expenses to be incurred upon | 26 | | return to employment. |
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| 1 | | (D) An order for child care expenses may be | 2 | | modified upon a showing of a substantial change in | 3 | | circumstances. Persons incurring child care expenses | 4 | | shall notify the obligor within 14 days of any change | 5 | | in the amount of child care expenses that would affect | 6 | | the annualized child care amount as determined in the | 7 | | support order. | 8 | | (3.8) Shared parenting. If each parent exercises 146 or | 9 | | more overnights per year with the child, the basic child | 10 | | support obligation is multiplied by 1.5 to calculate the | 11 | | shared care child support obligation. The child support | 12 | | obligation is then computed for each parent by multiplying | 13 | | that parent's portion of the shared care support obligation | 14 | | by the percentage of time the child spends with the other | 15 | | parent. The respective child support obligations are then | 16 | | offset, with the parent owing more child support paying the | 17 | | difference between the 2 amounts. Child support for cases | 18 | | with shared physical care are calculated using a child | 19 | | support worksheet promulgated by the Department of | 20 | | Healthcare and Family Services. An adjustment for shared | 21 | | physical care is made only when each parent has the child | 22 | | for 146 or more overnights per year. | 23 | | (3.9) Split care.
Split care refers to a situation in | 24 | | which there is more than one child and each parent has | 25 | | physical care of at least one but not all of the children. | 26 | | In a split care situation, the support is calculated by |
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| 1 | | using 2 child support worksheets to determine the support | 2 | | each parent owes the other. The resulting obligations are | 3 | | then offset, with one parent owing the other the difference | 4 | | as a child support order. The support shall be calculated | 5 | | as follows: | 6 | | (A) compute the support the first parent would owe | 7 | | to other parent as if the child in his or her care was | 8 | | the only child of the parties; then | 9 | | (B) compute the support the other parent would owe | 10 | | to the first parent as if the child in his or her care | 11 | | were the only child of the parties; then | 12 | | (C) subtract the lesser support obligation from | 13 | | the greater. | 14 | | The parent who owes the greater obligation shall be | 15 | | ordered to pay the difference in support to the other | 16 | | parent, unless the court determines, pursuant to other | 17 | | provisions of this Section, that it should deviate from the | 18 | | guidelines. | 19 | | (4) Health care. | 20 | | (A) A portion of the basic child support obligation | 21 | | is intended to cover basic ordinary out-of-pocket | 22 | | medical expenses. The court, in its discretion, in | 23 | | addition to the basic child support obligation, shall | 24 | | also provide for the child's current and future medical | 25 | | needs by ordering either or both parents to initiate | 26 | | health or medical coverage for the child through |
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| 1 | | currently effective health or medical insurance | 2 | | policies held by the parent or parents, purchase either | 3 | | or all of health or medical, dental, or vision | 4 | | insurance policies for the child, or provide for the | 5 | | child's current and future medical needs through some | 6 | | other manner. | 7 | | (B) The court, in its discretion, may also order | 8 | | either or both parents to contribute to the reasonable | 9 | | health care needs of the child not covered by | 10 | | insurance, including, but not limited to, unreimbursed | 11 | | medical, dental, orthodontic, or vision expenses and | 12 | | any prescription medication for the child not covered | 13 | | under the child's health or medical insurance. | 14 | | (C) If neither parent has access to appropriate | 15 | | private health care coverage, the court may order: | 16 | | (I) one or both parents to provide health care | 17 | | coverage at any time it becomes available at a | 18 | | reasonable cost; or | 19 | | (II) the parent with primary physical | 20 | | responsibility for the child to apply for public | 21 | | health care coverage for the child and the other | 22 | | parent to pay a reasonable amount of the cost for | 23 | | medical support. | 24 | | If cash medical support is ordered, the order may | 25 | | also provide that any time private health care coverage | 26 | | is available at a reasonable cost to that party it will |
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| 1 | | be provided instead of cash medical support. As used in | 2 | | this Section, "cash medical support" means an amount | 3 | | ordered to be paid toward the cost of health insurance | 4 | | provided by a public entity or by another person | 5 | | through employment or otherwise or for other medical | 6 | | costs not covered by insurance. | 7 | | (D) The amount to be added to the basic child | 8 | | support obligation shall be the actual amount of the | 9 | | total insurance premium that is attributable to the | 10 | | child who is the subject of the order. If this amount | 11 | | is not available or cannot be verified, the total cost | 12 | | of the premium shall be divided by the total number of | 13 | | persons covered by the policy. The cost per person | 14 | | derived from this calculation shall be multiplied by | 15 | | the number of children who are the subject of the order | 16 | | and who are covered under the policy. This amount shall | 17 | | be added to the basic child support obligation and | 18 | | shall be divided between the parents in proportion to | 19 | | their adjusted gross incomes. | 20 | | (E) After the health insurance premium for the | 21 | | child is added to the basic child support obligation | 22 | | and divided between the parents in proportion to their | 23 | | respective incomes for child support purposes, if the | 24 | | obligor is paying the premium, the amount calculated | 25 | | for the obligee's share of the health insurance premium | 26 | | for the child shall be deducted from the obligor's |
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| 1 | | share of the total child support obligation. If the | 2 | | obligee is paying the premium, no further adjustment is | 3 | | necessary. | 4 | | (F) Prior to allowing the health insurance | 5 | | adjustment, the parent requesting the adjustment must | 6 | | submit proof that the child has been enrolled in a | 7 | | health insurance plan and must submit proof of the cost | 8 | | of the premium. The court shall require the parent | 9 | | receiving the adjustment to annually submit proof of | 10 | | continued coverage of the child to the child support | 11 | | enforcement unit and to the other parent. | 12 | | (G) A reasonable cost for providing health care | 13 | | coverage for the child or children may not exceed 5% of | 14 | | the providing parent's gross income. Parents with a net | 15 | | income below 133% of the most recent United States | 16 | | Department of Health and Human Services Federal | 17 | | Poverty Guidelines or whose child is covered by | 18 | | Medicaid based on that parent's income may not be | 19 | | ordered to contribute toward or provide private | 20 | | coverage, unless private coverage is obtainable | 21 | | without any financial contribution by that parent. | 22 | | (H) If dental or vision insurance is included as | 23 | | part of the employer's medical plan, the coverage shall | 24 | | be maintained for the child. If not included in the | 25 | | employer's medical plan, adding the dental or vision | 26 | | insurance for the child is at the discretion of the |
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| 1 | | court. | 2 | | (I) If a parent has been directed to provide health | 3 | | insurance pursuant to this paragraph and that parent's | 4 | | spouse or legally recognized partner provides the | 5 | | insurance for the benefit of the child either directly | 6 | | or through employment, a credit on the child support | 7 | | worksheet shall be given to that parent in the same | 8 | | manner as if the premium were paid by that parent.
| 9 | | (1) The Court shall determine the minimum amount of | 10 | | support by using the
following guidelines:
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11 | | Number of Children |
Percent of Supporting Party's |
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12 | | |
Net Income |
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13 | | 1 |
20% |
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14 | | 2 |
28% |
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15 | | 3 |
32% |
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16 | | 4 |
40% |
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17 | | 5 |
45% |
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18 | | 6 or more |
50% |
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19 | | (2) The above guidelines shall be applied in each case | 20 | | unless the court
finds that a deviation from the guidelines | 21 | | is appropriate after considering the best interest of the | 22 | | child in light of the evidence, including, but not limited | 23 | | to, one or more of the following relevant
factors:
| 24 | | (a) the financial resources and needs of the child;
| 25 | | (b) the financial resources and needs of the | 26 | | custodial parent;
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| 1 | | (c) the standard of living the child would have | 2 | | enjoyed had the
marriage not been dissolved;
| 3 | | (d) the physical, mental, and emotional needs of | 4 | | the child;
| 5 | | (d-5) the educational needs of the child; and | 6 | | (e) the financial resources and needs of the | 7 | | non-custodial parent.
| 8 | | If the court deviates from the guidelines, the court's | 9 | | finding
shall state the amount of support that would have | 10 | | been required under the
guidelines, if determinable. The | 11 | | court shall include the reason or reasons for
the variance | 12 | | from the
guidelines.
| 13 | | (2.5) The court, in its discretion, in addition to | 14 | | setting child support pursuant to the guidelines and | 15 | | factors, may order either or both parents owing a duty of | 16 | | support to a child of the marriage to contribute to the | 17 | | following expenses, if determined by the court to be | 18 | | reasonable: | 19 | | (a) health needs not covered by insurance; | 20 | | (b) child care; | 21 | | (c) education; and | 22 | | (d) extracurricular activities. | 23 | | (3) "Net income" is defined as the total of all income | 24 | | from all
sources, minus the following deductions:
| 25 | | (a) Federal income tax (properly calculated | 26 | | withholding or estimated
payments);
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| 1 | | (b) State income tax (properly calculated | 2 | | withholding or estimated
payments);
| 3 | | (c) Social Security (FICA payments);
| 4 | | (d) Mandatory retirement contributions required by | 5 | | law or as a
condition of employment;
| 6 | | (e) Union dues;
| 7 | | (f) Dependent and individual | 8 | | health/hospitalization insurance premiums and premiums | 9 | | for life insurance ordered by the court to reasonably | 10 | | secure payment of ordered child support;
| 11 | | (g) Prior obligations of support or maintenance | 12 | | actually paid pursuant
to a court order;
| 13 | | (g-5) Obligations pursuant to a court order for | 14 | | maintenance in the pending proceeding actually paid or | 15 | | payable under Section 504 to the same party to whom | 16 | | child support is to be payable; | 17 | | (h) Expenditures for repayment of debts that | 18 | | represent reasonable and
necessary expenses for the | 19 | | production of income, medical expenditures
necessary | 20 | | to preserve life or health, reasonable expenditures | 21 | | for the
benefit of the child and the other parent, | 22 | | exclusive of gifts. The court
shall reduce net income | 23 | | in determining the minimum amount of support to be
| 24 | | ordered only for the period that such payments are due | 25 | | and shall enter an
order containing provisions for its | 26 | | self-executing modification upon
termination of such |
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| 1 | | payment period;
| 2 | | (i) Foster care payments paid by the Department of | 3 | | Children and Family Services for providing licensed | 4 | | foster care to a foster child. | 5 | | (4) In cases where the court order provides for
| 6 | | health/hospitalization insurance coverage pursuant to | 7 | | Section 505.2 of
this Act, the premiums for that insurance, | 8 | | or that portion of the premiums
for which the supporting | 9 | | party is responsible in the case of insurance
provided | 10 | | through an employer's health insurance plan where
the | 11 | | employer pays a portion of the premiums, shall be | 12 | | subtracted
from net income in determining the minimum | 13 | | amount of support to be ordered.
| 14 | | (4.5) In a proceeding for child support following | 15 | | dissolution of the
marriage or civil union by a court that | 16 | | lacked personal jurisdiction over the absent spouse,
and in | 17 | | which the court is requiring payment of support for the | 18 | | period before
the date an order for current support is | 19 | | entered, there is a rebuttable
presumption
that the | 20 | | supporting party's net income for the prior period was the | 21 | | same as his
or her net income at the time the order for | 22 | | current support is entered.
| 23 | | (5) If the net income cannot be determined because of | 24 | | default or any
other reason, the court shall order support | 25 | | in an amount considered
reasonable in the particular case. | 26 | | The final order in all cases shall
state the support level |
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| 1 | | in dollar amounts.
However, if the
court finds that the | 2 | | child support amount cannot be expressed exclusively as a
| 3 | | dollar amount because all or a portion of the payor's net | 4 | | income is uncertain
as to source, time of payment, or | 5 | | amount, the court may order a percentage
amount of support | 6 | | in addition to a specific dollar amount and enter
such | 7 | | other orders as may be necessary to determine and enforce, | 8 | | on a timely
basis, the applicable support ordered.
| 9 | | (6) If (i) the non-custodial parent was properly served | 10 | | with a request
for
discovery of financial information | 11 | | relating to the non-custodial parent's
ability to
provide | 12 | | child support, (ii) the non-custodial parent failed to | 13 | | comply with the
request,
despite having been ordered to do | 14 | | so by the court, and (iii) the non-custodial
parent is not | 15 | | present at the hearing to determine support despite having
| 16 | | received
proper notice, then any relevant financial | 17 | | information concerning the
non-custodial parent's ability | 18 | | to provide child support that was obtained
pursuant to
| 19 | | subpoena and proper notice shall be admitted into evidence | 20 | | without the need to
establish any further foundation for | 21 | | its admission.
| 22 | | (a-5) In an action to enforce an order for support based on | 23 | | the
respondent's failure
to make support payments as required | 24 | | by the order, notice of proceedings to
hold the respondent in | 25 | | contempt for that failure may be served on the
respondent by | 26 | | personal service or by regular mail addressed to the |
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| 1 | | respondent's
last known address. The respondent's last known | 2 | | address may be determined from
records of the clerk of the | 3 | | court, from the Federal Case Registry of Child
Support Orders, | 4 | | or by any other reasonable means.
| 5 | | (b) Failure of either parent to comply with an order to pay | 6 | | support shall
be punishable as in other cases of contempt. In | 7 | | addition to other
penalties provided by law the court Court | 8 | | may, after finding the parent guilty
of contempt, order that | 9 | | the parent be:
| 10 | | (1) placed on probation with such conditions of | 11 | | probation as the court Court
deems advisable;
| 12 | | (2) sentenced to periodic imprisonment for a period not | 13 | | to exceed 6
months; provided, however, that the court Court | 14 | | may permit the parent to be
released for periods of time | 15 | | during the day or night to:
| 16 | | (A) work; or
| 17 | | (B) conduct a business or other self-employed | 18 | | occupation.
| 19 | | The court Court may further order any part or all of the | 20 | | earnings of a parent
during a sentence of periodic imprisonment | 21 | | paid to the Clerk of the Circuit
Court or to the parent having | 22 | | custody or to the guardian having custody
of the children of | 23 | | the sentenced parent for the support of said
children until | 24 | | further order of the court Court .
| 25 | | If a parent who is found guilty of contempt for failure to | 26 | | comply with an order to pay support is a person who conducts a |
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| 1 | | business or who is self-employed, the court in addition to | 2 | | other penalties provided by law may order that the parent do | 3 | | one or more of the following: (i) provide to the court monthly | 4 | | financial statements showing income and expenses from the | 5 | | business or the self-employment; (ii) seek employment and | 6 | | report periodically to the court with a diary, listing, or | 7 | | other memorandum of his or her employment search efforts; or | 8 | | (iii) report to the Department of Employment Security for job | 9 | | search services to find employment that will be subject to | 10 | | withholding for child support. | 11 | | If there is a unity of interest and ownership sufficient to | 12 | | render no
financial separation between a non-custodial parent | 13 | | and another person or
persons or business entity, the court may | 14 | | pierce the ownership veil of the
person, persons, or business | 15 | | entity to discover assets of the non-custodial
parent held in | 16 | | the name of that person, those persons, or that business | 17 | | entity.
The following circumstances are sufficient to | 18 | | authorize a court to order
discovery of the assets of a person, | 19 | | persons, or business entity and to compel
the application of | 20 | | any discovered assets toward payment on the judgment for
| 21 | | support:
| 22 | | (1) the non-custodial parent and the person, persons, | 23 | | or business entity
maintain records together.
| 24 | | (2) the non-custodial parent and the person, persons, | 25 | | or business entity
fail to maintain an arm's length | 26 | | relationship between themselves with regard to
any assets.
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| 1 | | (3) the non-custodial parent transfers assets to the | 2 | | person, persons,
or business entity with the intent to | 3 | | perpetrate a fraud on the custodial
parent.
| 4 | | With respect to assets which
are real property, no order | 5 | | entered under this paragraph shall affect the
rights of bona | 6 | | fide purchasers, mortgagees, judgment creditors, or other lien
| 7 | | holders who acquire their interests in the property prior to | 8 | | the time a notice
of lis pendens pursuant to the Code of Civil | 9 | | Procedure or a copy of the order
is placed of record in the | 10 | | office of the recorder of deeds for the county in
which the | 11 | | real property is located.
| 12 | | The court may also order in cases where the parent is 90 | 13 | | days or more
delinquent in payment of support or has been | 14 | | adjudicated in arrears in an
amount equal to 90 days obligation | 15 | | or more, that the parent's Illinois driving
privileges be | 16 | | suspended until the court
determines that the parent is in | 17 | | compliance with the order of support.
The court may also order | 18 | | that the parent be issued a family financial
responsibility | 19 | | driving permit that would allow limited driving privileges for
| 20 | | employment and medical purposes in accordance with Section | 21 | | 7-702.1 of the
Illinois Vehicle Code. The Clerk of the Circuit | 22 | | Court clerk of the circuit court shall certify the order
| 23 | | suspending the driving privileges of the parent or granting the | 24 | | issuance of a
family financial responsibility driving permit to | 25 | | the Secretary of State on
forms prescribed by the Secretary. | 26 | | Upon receipt of the authenticated
documents, the Secretary of |
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| 1 | | State shall suspend the parent's driving privileges
until | 2 | | further order of the court and shall, if ordered by the court, | 3 | | subject to
the provisions of Section 7-702.1 of the Illinois | 4 | | Vehicle Code, issue a family
financial responsibility driving | 5 | | permit to the parent.
| 6 | | In addition to the penalties or punishment that may be | 7 | | imposed under this
Section, any person whose conduct | 8 | | constitutes a violation of Section 15 of the
Non-Support | 9 | | Punishment Act may be prosecuted under that Act, and a person
| 10 | | convicted under that Act may be sentenced in accordance with | 11 | | that Act. The
sentence may include but need not be limited to a | 12 | | requirement that the person
perform community service under | 13 | | Section 50 of that Act or participate in a work
alternative | 14 | | program under Section 50 of that Act. A person may not be | 15 | | required
to participate in a work alternative program under | 16 | | Section 50 of that Act if
the person is currently participating | 17 | | in a work program pursuant to Section
505.1 of this Act.
| 18 | | A support obligation, or any portion of a support | 19 | | obligation, which becomes
due and remains unpaid as of the end | 20 | | of each month, excluding the child support that was due for | 21 | | that month to the extent that it was not paid in that month, | 22 | | shall accrue simple interest as set forth in Section 12-109 of | 23 | | the Code of Civil Procedure.
An order for support entered or | 24 | | modified on or after January 1, 2006 shall
contain a statement | 25 | | that a support obligation required under the order, or any
| 26 | | portion of a support obligation required under the order, that |
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| 1 | | becomes due and
remains unpaid as of the end of each month, | 2 | | excluding the child support that was due for that month to the | 3 | | extent that it was not paid in that month, shall accrue simple | 4 | | interest as set forth in Section 12-109 of the Code of Civil | 5 | | Procedure. Failure to include the statement in the order for | 6 | | support does
not affect the validity of the order or the | 7 | | accrual of interest as provided in
this Section.
| 8 | | (c) A one-time charge of 20% is imposable upon the amount | 9 | | of
past-due child support owed on July 1, 1988 which has | 10 | | accrued under a
support order entered by the court. The charge | 11 | | shall be imposed in
accordance with the provisions of Section | 12 | | 10-21 of the Illinois Public Aid
Code and shall be enforced by | 13 | | the court upon petition.
| 14 | | (d) Any new or existing support order entered by the court
| 15 | | under this Section shall be deemed to be a series of judgments | 16 | | against the
person obligated to pay support thereunder, each | 17 | | such judgment to be in the
amount of each payment or | 18 | | installment of support and each such judgment to
be deemed | 19 | | entered as of the date the corresponding payment or installment
| 20 | | becomes due under the terms of the support order. Each such | 21 | | judgment shall
have the full force, effect and attributes of | 22 | | any other judgment of this
State, including the ability to be | 23 | | enforced.
Notwithstanding any other State or local law to the | 24 | | contrary, a lien arises by operation of law against the real | 25 | | and personal property of
the noncustodial parent for each | 26 | | installment of overdue support owed by the
noncustodial parent.
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| 1 | | (e) When child support is to be paid through the Clerk of | 2 | | the Court clerk of the court in a
county of 1,000,000 | 3 | | inhabitants or less, the order shall direct the obligor
to pay | 4 | | to the Clerk clerk , in addition to the child support payments, | 5 | | all fees
imposed by the county board under paragraph (3) of | 6 | | subsection (u) of
Section 27.1 of the Clerks of Courts Act. | 7 | | Unless paid in cash or pursuant to
an order for withholding, | 8 | | the payment of the fee shall be by a separate
instrument from | 9 | | the support payment and shall be made to the order of the
| 10 | | Clerk.
| 11 | | (f) All orders for support, when entered or
modified, shall | 12 | | include a provision requiring the obligor to notify
the court | 13 | | and, in cases in which a party is receiving child and spouse
| 14 | | services under Article X of the Illinois Public Aid Code, the
| 15 | | Department of Healthcare and Family Services, within 7 days, | 16 | | (i) of the name and address
of any new employer of the obligor, | 17 | | (ii) whether the obligor has access to
health insurance | 18 | | coverage through the employer or other group coverage and,
if | 19 | | so, the policy name and number and the names of persons covered | 20 | | under
the policy, and (iii) of any new residential or mailing | 21 | | address or telephone
number of the non-custodial parent. In any | 22 | | subsequent action to enforce a
support order, upon a sufficient | 23 | | showing that a diligent effort has been made
to ascertain the | 24 | | location of the non-custodial parent, service of process or
| 25 | | provision of notice necessary in the case may be made at the | 26 | | last known
address of the non-custodial parent in any manner |
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| 1 | | expressly provided by the
Code of Civil Procedure or this Act, | 2 | | which service shall be sufficient for
purposes of due process.
| 3 | | (g) An order for support shall include a date on which the | 4 | | current
support obligation terminates. The termination date | 5 | | shall be no earlier than
the date on which the child covered by | 6 | | the order will attain the age of
18. However, if the child will | 7 | | not graduate from high school until after
attaining the age of | 8 | | 18, then the termination date shall be no earlier than the
| 9 | | earlier of the date on which the child's high school graduation | 10 | | will occur or
the date on which the child will attain the age | 11 | | of 19. The order for support
shall state that the termination | 12 | | date does not apply to any arrearage that may
remain unpaid on | 13 | | that date. Nothing in this subsection shall be construed to
| 14 | | prevent the court from modifying the order or terminating the | 15 | | order in the
event the child is otherwise emancipated.
| 16 | | (g-5) If there is an unpaid arrearage or delinquency (as | 17 | | those terms are defined in the Income Withholding for Support | 18 | | Act) equal to at least one month's support obligation on the | 19 | | termination date stated in the order for support or, if there | 20 | | is no termination date stated in the order, on the date the | 21 | | child attains the age of majority or is otherwise emancipated, | 22 | | the periodic amount required to be paid for current support of | 23 | | that child immediately prior to that date shall automatically | 24 | | continue to be an obligation, not as current support but as | 25 | | periodic payment toward satisfaction of the unpaid arrearage or | 26 | | delinquency. That periodic payment shall be in addition to any |
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| 1 | | periodic payment previously required for satisfaction of the | 2 | | arrearage or delinquency. The total periodic amount to be paid | 3 | | toward satisfaction of the arrearage or delinquency may be | 4 | | enforced and collected by any method provided by law for | 5 | | enforcement and collection of child support, including but not | 6 | | limited to income withholding under the Income Withholding for | 7 | | Support Act. Each order for support entered or modified on or | 8 | | after the effective date of this amendatory Act of the 93rd | 9 | | General Assembly must contain a statement notifying the parties | 10 | | of the requirements of this subsection. Failure to include the | 11 | | statement in the order for support does not affect the validity | 12 | | of the order or the operation of the provisions of this | 13 | | subsection with regard to the order. This subsection shall not | 14 | | be construed to prevent or affect the establishment or | 15 | | modification of an order for support of a minor child or the | 16 | | establishment or modification of an order for support of a | 17 | | non-minor child or educational expenses under Section 513 of | 18 | | this Act.
| 19 | | (h) An order entered under this Section shall include a | 20 | | provision requiring
the obligor to report to the obligee and to | 21 | | the Clerk of Court clerk of court within 10 days
each time the | 22 | | obligor obtains new employment, and each time the obligor's
| 23 | | employment is terminated for any reason. The report shall be in | 24 | | writing and
shall, in the case of new employment, include the | 25 | | name and address of the new
employer. Failure to report new | 26 | | employment or the termination of current
employment, if coupled |
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| 1 | | with nonpayment of support for a period in excess of 60
days, | 2 | | is indirect criminal contempt. For any obligor arrested for | 3 | | failure to
report new employment bond shall be set in the | 4 | | amount of the child support that
should have been paid during | 5 | | the period of unreported employment. An order
entered under | 6 | | this Section shall also include a provision requiring the | 7 | | obligor
and obligee parents to advise each other of a change in | 8 | | residence within 5 days
of the change except when the court | 9 | | finds that the physical, mental, or
emotional health of a party | 10 | | or that of a child, or both, would be
seriously endangered by | 11 | | disclosure of the party's address.
| 12 | | (i) The court does not lose the powers of contempt, | 13 | | driver's license
suspension, or other child support | 14 | | enforcement mechanisms, including, but
not limited to, | 15 | | criminal prosecution as set forth in this Act, upon the
| 16 | | emancipation of the minor child or children.
| 17 | | (Source: P.A. 97-186, eff. 7-22-11; 97-608, eff. 1-1-12; | 18 | | 97-813, eff. 7-13-12; 97-878, eff. 8-2-12; 97-941, eff. 1-1-13; | 19 | | 97-1029, eff. 1-1-13; 98-463, eff. 8-16-13; 98-961, eff. | 20 | | 1-1-15 .)
| 21 | | (750 ILCS 5/510) (from Ch. 40, par. 510)
| 22 | | Sec. 510. Modification and termination of provisions for
| 23 | | maintenance, support, educational expenses, and property | 24 | | disposition.
| 25 | | (a) Except as otherwise provided in paragraph (f) of |
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| 1 | | Section 502 and
in subsection (b), clause (3) of Section 505.2, | 2 | | the provisions of any
judgment respecting maintenance or | 3 | | support may be modified only as to
installments accruing | 4 | | subsequent to due notice by the moving party of the
filing of | 5 | | the motion for modification. An order for child
support may be | 6 | | modified as follows:
| 7 | | (1) upon a showing of a substantial change in | 8 | | circumstances; and
| 9 | | (2) without the necessity of showing a substantial | 10 | | change in
circumstances, as follows:
| 11 | | (A) upon a showing of an inconsistency of at least | 12 | | 20%, but no
less than $10 per month, between the amount | 13 | | of the existing order and the
amount of child support | 14 | | that results from application of the guidelines
| 15 | | specified in Section 505 of this Act unless the | 16 | | inconsistency is due to the
fact that the amount of the | 17 | | existing order resulted from a deviation from the
| 18 | | guideline amount and there has not been a change in the | 19 | | circumstances that
resulted in that deviation; or
| 20 | | (B) upon a showing of a need to provide for the | 21 | | health care needs
of the child under the order through | 22 | | health insurance or other means. In no
event shall the | 23 | | eligibility for or receipt of medical assistance be | 24 | | considered
to meet the need to provide for the child's | 25 | | health care needs.
| 26 | | The provisions of subparagraph (a)(2)(A) shall apply only
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| 1 | | in cases in which a party is receiving child support
| 2 | | enforcement services from the Department of Healthcare and | 3 | | Family Services under
Article X of the Illinois Public Aid | 4 | | Code, and only when at least 36
months have elapsed since the | 5 | | order for child support was entered or last
modified.
| 6 | | The court may grant a petition for modification that seeks | 7 | | to apply the changes made to subsection (a) of Section 505 by | 8 | | this amendatory Act of the 99th General Assembly to an order | 9 | | entered before the effective date of this amendatory Act of the | 10 | | 99th General Assembly only upon a finding of a substantial | 11 | | change in circumstances that warrants application of the | 12 | | changes. The enactment of this amendatory Act of the 99th | 13 | | General Assembly itself does not constitute a substantial | 14 | | change in circumstances warranting a modification. | 15 | | (a-5) An order for maintenance may be modified or | 16 | | terminated only upon a
showing of a substantial change in | 17 | | circumstances. In all such proceedings, as
well as in | 18 | | proceedings in which maintenance is being reviewed, the court | 19 | | shall
consider the applicable factors set forth in subsection | 20 | | (a) of Section 504 and
the following factors:
| 21 | | (1) any change in the employment status of either party | 22 | | and whether the
change has been made
in good faith;
| 23 | | (2) the efforts, if any, made by the party receiving | 24 | | maintenance to become
self-supporting, and
the | 25 | | reasonableness of the efforts where they are appropriate;
| 26 | | (3) any impairment of the present and future earning |
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| 1 | | capacity of either
party;
| 2 | | (4) the tax consequences of the maintenance payments | 3 | | upon the respective
economic
circumstances of the parties;
| 4 | | (5) the duration of the maintenance payments | 5 | | previously paid (and
remaining to be paid) relative
to the | 6 | | length of the marriage;
| 7 | | (6) the property, including retirement benefits, | 8 | | awarded to each party
under the judgment of
dissolution of | 9 | | marriage, judgment of legal separation, or judgment of
| 10 | | declaration of invalidity of
marriage and the present | 11 | | status of the property;
| 12 | | (7) the increase or decrease in each party's income | 13 | | since the prior
judgment or order from which
a review, | 14 | | modification, or termination is being sought;
| 15 | | (8) the property acquired and currently owned by each | 16 | | party after the
entry of the judgment of
dissolution of | 17 | | marriage, judgment of legal separation, or judgment of
| 18 | | declaration of invalidity of
marriage; and
| 19 | | (9) any other factor that the court expressly finds to | 20 | | be just and
equitable.
| 21 | | (b) The provisions as to property disposition may not be | 22 | | revoked or
modified,
unless the court finds the existence of | 23 | | conditions that justify the
reopening of a judgment under the | 24 | | laws of this State.
| 25 | | (c) Unless otherwise agreed by the parties in a written | 26 | | agreement
set forth in the judgment or otherwise approved by |
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| 1 | | the court, the obligation
to pay future maintenance is | 2 | | terminated upon the death of either party, or
the remarriage of | 3 | | the party receiving maintenance, or if the party
receiving | 4 | | maintenance cohabits with another person on a resident,
| 5 | | continuing conjugal basis. Any obligation of a payor party for | 6 | | premium payments respecting insurance on such party's life | 7 | | imposed under subsection (f) of Section 504 is also terminated | 8 | | on the occurrence of any of the foregoing events, unless | 9 | | otherwise agreed by the parties. Any termination of an | 10 | | obligation for maintenance as a result of the death of the | 11 | | payor party, however, shall be inapplicable to any right of the | 12 | | other party or such other party's designee to receive a death | 13 | | benefit under such insurance on the payor party's life.
| 14 | | (d) Unless otherwise provided in this Act, or as agreed in | 15 | | writing or
expressly
provided in the
judgment, provisions for | 16 | | the support of a child are terminated by emancipation
of the
| 17 | | child, or if the child has attained the age of 18 and is still | 18 | | attending
high school,
provisions for the support of the child | 19 | | are terminated upon the date that the
child
graduates from high | 20 | | school or the date the child attains the age of 19,
whichever | 21 | | is
earlier, but not by the death of a parent obligated to | 22 | | support or educate the
child.
An existing obligation to pay for | 23 | | support
or educational expenses, or both, is not terminated by | 24 | | the death of a
parent. When a parent obligated to pay support | 25 | | or educational
expenses, or both, dies, the amount of support | 26 | | or educational expenses, or
both, may be enforced, modified, |
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| 1 | | revoked or commuted to a lump sum payment,
as equity may | 2 | | require, and that determination may be provided for at the
time | 3 | | of the dissolution of the marriage or thereafter.
| 4 | | (e) The right to petition for support or educational | 5 | | expenses, or both,
under Sections 505 and 513 is not | 6 | | extinguished by the death of a parent.
Upon a petition filed | 7 | | before or after a parent's death, the court may award
sums of | 8 | | money out of the decedent's estate for the child's support or
| 9 | | educational expenses, or both, as equity may require. The time | 10 | | within
which a claim may be filed against the estate of a | 11 | | decedent under Sections
505 and 513 and subsection (d) and this | 12 | | subsection shall be governed by the
provisions of the Probate | 13 | | Act of 1975, as a barrable, noncontingent claim.
| 14 | | (f) A petition to modify or terminate child support, | 15 | | custody, or
visitation shall not delay any child support | 16 | | enforcement litigation or
supplementary proceeding on behalf | 17 | | of the obligee, including, but not limited
to, a petition for a | 18 | | rule to show cause, for non-wage garnishment, or for a
| 19 | | restraining order.
| 20 | | (Source: P.A. 97-608, eff. 1-1-12.)
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