Full Text of HB2537 100th General Assembly
HB2537sam001 100TH GENERAL ASSEMBLY | Sen. Michael E. Hastings Filed: 5/1/2017
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| 1 | | AMENDMENT TO HOUSE BILL 2537
| 2 | | AMENDMENT NO. ______. Amend House Bill 2537 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "(735 ILCS 5/21-103 rep.) | 5 | | Section 5. The Code of Civil Procedure is amended by | 6 | | repealing Section 21-103. | 7 | | Section 10. The Code of Civil Procedure is amended by | 8 | | adding Section 21-103.5 as follows: | 9 | | (735 ILCS 5/21-103.5 new) | 10 | | Sec. 21-103.5. Change of name involving a minor. In any | 11 | | application for a change of name involving a minor, before a | 12 | | judgment under this Article may be entered, actual notice and | 13 | | an opportunity to be heard shall be given to any parent whose | 14 | | parental rights have not been previously terminated and to any | 15 | | person who has been allocated parental responsibilities under |
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| 1 | | Section 602.5 or 602.7 of the Illinois Marriage and Dissolution | 2 | | of Marriage Act. If any of these persons is outside this State, | 3 | | notice and an opportunity to be heard shall be given under | 4 | | Section 21-104. | 5 | | Section 15. The Illinois Marriage and Dissolution of | 6 | | Marriage Act is amended by changing Sections 413 and 504 as | 7 | | follows:
| 8 | | (750 ILCS 5/413) (from Ch. 40, par. 413)
| 9 | | Sec. 413. Judgment. | 10 | | (a) A judgment of dissolution
of marriage or of legal | 11 | | separation or of declaration of invalidity of marriage shall be | 12 | | entered within 60 days of the closing of proofs; however, if | 13 | | the court enters an order specifying good cause as to why the | 14 | | court needs an additional 30 days, the judgment shall be | 15 | | entered within 90 days of the closing of proofs, including any | 16 | | hearing under subsection (j) of Section 503 of this Act and | 17 | | submission of closing arguments. A judgment of dissolution
of | 18 | | marriage or of legal separation or of declaration of invalidity | 19 | | of marriage is final
when entered, subject to the right of | 20 | | appeal. An appeal from the judgment
of dissolution of marriage | 21 | | that does not challenge the finding as to grounds
does not | 22 | | delay the finality
of that provision of the judgment which | 23 | | dissolves the marriage, beyond the time for
appealing from that | 24 | | provision, and either of the parties may remarry pending |
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| 1 | | appeal.
An order requiring maintenance or support of a spouse
| 2 | | or a minor
child or children entered under this Act or any | 3 | | other law of this State shall not be suspended or the | 4 | | enforcement thereof stayed pending
the filing and resolution of | 5 | | post-judgment motions or an appeal.
| 6 | | (b) The clerk of the court shall give notice of the entry | 7 | | of a judgment of dissolution
of marriage or legal separation or | 8 | | a declaration of invalidity of marriage:
| 9 | | (1) if the marriage is registered in this State, to the | 10 | | county clerk of the county
where the marriage is | 11 | | registered, who shall enter the fact of dissolution
of | 12 | | marriage or legal
separation or declaration of invalidity | 13 | | of marriage in the marriage registry;
and within 45 days | 14 | | after the close
of the month in which the judgment is | 15 | | entered, the
clerk shall forward
the certificate to the | 16 | | Department of Public Health on a form furnished by the
| 17 | | Department; or
| 18 | | (2) if the marriage is registered in another | 19 | | jurisdiction, to the
appropriate official of that | 20 | | jurisdiction, with the request that he enter the fact of
| 21 | | dissolution of marriage or legal separation or declaration | 22 | | of invalidity
of marriage in the appropriate record.
| 23 | | (c) Unless the person whose marriage is dissolved or | 24 | | declared
invalid requests otherwise, the judgment under this | 25 | | Section shall contain a provision authorizing the person to | 26 | | resume the use of his or her former or maiden name, should he |
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| 1 | | or she choose to do so, at any time he or she chooses to do so. | 2 | | Upon request by a wife whose marriage is dissolved or declared
| 3 | | invalid, the court shall order her maiden name or a former name | 4 | | restored.
| 5 | | (d) A judgment of dissolution of marriage or legal | 6 | | separation, if made, shall
be awarded to both of the parties, | 7 | | and shall provide that it affects the
status previously
| 8 | | existing between the parties in the manner adjudged.
| 9 | | (Source: P.A. 99-90, eff. 1-1-16 .)
| 10 | | (750 ILCS 5/504) (from Ch. 40, par. 504)
| 11 | | Sec. 504. Maintenance.
| 12 | | (a) Entitlement to maintenance. In a proceeding for | 13 | | dissolution of marriage or legal separation or
declaration of | 14 | | invalidity of marriage, or a proceeding for maintenance
| 15 | | following dissolution of the marriage by a court which lacked | 16 | | personal
jurisdiction over the absent spouse, the court may | 17 | | grant a maintenance award for either spouse in amounts and for | 18 | | periods of
time as the court deems just, without regard to | 19 | | marital misconduct, and the maintenance may
be paid from the | 20 | | income or property of the other spouse. The court shall first | 21 | | determine whether a maintenance award is appropriate, after | 22 | | consideration
of all relevant factors, including:
| 23 | | (1) the income and property of each party, including | 24 | | marital property
apportioned and non-marital property | 25 | | assigned to the party seeking maintenance as well as all |
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| 1 | | financial obligations imposed on the parties as a result of | 2 | | the dissolution of marriage;
| 3 | | (2) the needs of each party;
| 4 | | (3) the realistic present and future earning capacity | 5 | | of each party;
| 6 | | (4) any impairment of the present and future earning | 7 | | capacity of the
party seeking maintenance due to that party | 8 | | devoting time to domestic
duties or having forgone or | 9 | | delayed education, training,
employment, or
career | 10 | | opportunities due to the marriage;
| 11 | | (5) any impairment of the realistic present or future | 12 | | earning capacity of the party against whom maintenance is | 13 | | sought; | 14 | | (6) the time necessary to enable the party seeking | 15 | | maintenance to
acquire appropriate education, training, | 16 | | and employment, and whether that
party is able to support | 17 | | himself or herself through appropriate employment
or any | 18 | | parental responsibility arrangements and its effect on the | 19 | | party seeking employment;
| 20 | | (7) the standard of living established during the | 21 | | marriage;
| 22 | | (8) the duration of the marriage;
| 23 | | (9) the age, health, station, occupation, amount and | 24 | | sources of income, vocational skills, employability, | 25 | | estate, liabilities, and the needs of each of the parties;
| 26 | | (10) all sources of public and private income |
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| 1 | | including, without limitation, disability and retirement | 2 | | income; | 3 | | (11) the tax consequences of the property division upon | 4 | | the respective
economic circumstances of the parties;
| 5 | | (12) contributions and services by the party seeking | 6 | | maintenance to
the education, training, career or career | 7 | | potential, or license of the
other spouse;
| 8 | | (13) any valid agreement of the parties; and
| 9 | | (14) any other factor that the court expressly finds to | 10 | | be just and
equitable.
| 11 | | (b) (Blank).
| 12 | | (b-1) Amount and duration of maintenance. If the court | 13 | | determines that a maintenance award is appropriate, the court | 14 | | shall order maintenance in accordance with either paragraph (1) | 15 | | or (2) of this subsection (b-1): | 16 | | (1) Maintenance award in accordance with guidelines. | 17 | | In situations when the combined gross annual income of the | 18 | | parties is less than $500,000 $250,000 and the payor has no | 19 | | obligation to pay child support or maintenance or both from | 20 | | a prior relationship, maintenance payable after the date | 21 | | the parties' marriage is dissolved shall be in accordance | 22 | | with subparagraphs (A) and (B) of this paragraph (1), | 23 | | unless the court makes a finding that the application of | 24 | | the guidelines would be inappropriate. | 25 | | (A) The amount of maintenance under this paragraph | 26 | | (1) shall be calculated by taking 30% of the payor's |
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| 1 | | gross annual income minus 20% of the payee's gross | 2 | | annual income. The
amount calculated as maintenance, | 3 | | however, when added to the gross income of the payee, | 4 | | may not result in the payee receiving an amount that is | 5 | | in excess of 40% of the combined gross income
of the | 6 | | parties. | 7 | | (B) The duration of an award under this paragraph | 8 | | (1) shall be calculated by multiplying the length of | 9 | | the marriage at the time the action was commenced by | 10 | | whichever of
the following factors applies: less than 5 | 11 | | years (.20); 5 years or more but less than 6 years | 12 | | (.24); 6 years or more but less than 7
years (.28); 7 | 13 | | years or more but less than 8
years (.32); 8 years or | 14 | | more but less than 9
years (.36); 9 years or more but | 15 | | less than 10 years (.40); 10 years or more but less | 16 | | than 11
years (.44); 11 years or more but less than 12
| 17 | | years (.48); 12 years or more but less than 13
years | 18 | | (.52); 13 years or more but less than 14
years (.56); | 19 | | 14 years or more but less than 15
years (.60); 15 years | 20 | | or more but less than 16
years (.64); 16 years or more | 21 | | but less than 17
years (.68); 17 years or more but less | 22 | | than 18
years (.72); 18 years or more but less than 19
| 23 | | years (.76); 19 years or more but less than 20
years | 24 | | (.80). 5 years or less (.20); more than 5 years but | 25 | | less than 10 years (.40); 10 years or more but less | 26 | | than 15
years (.60); or 15 years or more but less than |
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| 1 | | 20 years (.80). For a marriage of 20 or more years, the | 2 | | court, in its discretion, shall order either permanent | 3 | | maintenance or maintenance for a period equal to the | 4 | | length of the
marriage or for an indefinite term . | 5 | | (1.5) In the discretion of the court, any term of | 6 | | temporary maintenance paid by court order pursuant to | 7 | | Section 501 may be a corresponding credit to the duration | 8 | | of maintenance set forth in subparagraph (b-1)(1)(B). | 9 | | (2) Maintenance award not in accordance with | 10 | | guidelines. Any non-guidelines award of maintenance shall | 11 | | be made after the court's consideration of all relevant | 12 | | factors set forth in subsection (a) of this Section. | 13 | | (b-2) Findings. In each case involving the issue of | 14 | | maintenance, the court shall make specific findings of fact, as | 15 | | follows: | 16 | | (1) the court shall state its reasoning for awarding or | 17 | | not awarding maintenance and shall include references to | 18 | | each relevant factor set forth in subsection (a) of this | 19 | | Section; and | 20 | | (2) if the court deviates from otherwise applicable | 21 | | guidelines under paragraph (1) of subsection (b-1), it | 22 | | shall state in its findings the amount of maintenance (if | 23 | | determinable) or duration that would have been required | 24 | | under the guidelines and the reasoning for any variance | 25 | | from the guidelines. | 26 | | (b-3) Gross income. For purposes of this Section, the term |
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| 1 | | "gross income" means all income from all sources, within the | 2 | | scope of that phrase in Section 505 of this Act. | 3 | | (b-4) Unallocated maintenance. Unless the parties | 4 | | otherwise agree, the court may not order unallocated | 5 | | maintenance and child support in any dissolution judgment or in | 6 | | any post-dissolution order. In its discretion, the court may | 7 | | order unallocated maintenance and child support in any | 8 | | pre-dissolution temporary order. | 9 | | (b-4.5) Fixed-term maintenance in marriages of less than 10 | 10 | | years. If a court grants maintenance for a fixed period under | 11 | | subsection (a) of this Section at the conclusion of a case | 12 | | commenced before the tenth anniversary of the marriage, the | 13 | | court may also designate the termination of the period during | 14 | | which this maintenance is to be paid as a "permanent | 15 | | termination". The effect of this designation is that | 16 | | maintenance is barred after the ending date of the period | 17 | | during which maintenance is to be paid. | 18 | | (b-5) Interest on maintenance. Any maintenance obligation | 19 | | including any unallocated maintenance and child support | 20 | | obligation, or any portion of any support obligation, that | 21 | | becomes due and remains unpaid shall accrue simple interest as | 22 | | set forth in Section 505 of this Act.
| 23 | | (b-7) Maintenance judgments. Any new or existing | 24 | | maintenance order including any unallocated maintenance and | 25 | | child support order entered by the court under this Section | 26 | | shall be deemed to be a series of judgments against the person |
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| 1 | | obligated to pay support thereunder. Each such judgment to be | 2 | | in the amount of each payment or installment of support and | 3 | | each such judgment to be deemed entered as of the date the | 4 | | corresponding payment or installment becomes due under the | 5 | | terms of the support order, except no judgment shall arise as | 6 | | to any installment coming due after the termination of | 7 | | maintenance as provided by Section 510 of the Illinois Marriage | 8 | | and Dissolution of Marriage Act or the provisions of any order | 9 | | for maintenance. Each such judgment shall have the full force, | 10 | | effect and attributes of any other judgment of this State, | 11 | | including the ability to be enforced. Notwithstanding any other | 12 | | State or local law to the contrary, a lien arises by operation | 13 | | of law against the real and personal property of the obligor | 14 | | for each installment of overdue support owed by the obligor. | 15 | | (b-8) Upon review of any previously ordered maintenance | 16 | | award, the court may extend maintenance for further review, | 17 | | extend maintenance for a fixed non-modifiable term, extend | 18 | | maintenance for an indefinite term, or permanently terminate | 19 | | maintenance in accordance with subdivision (b-1)(1)(A) of this | 20 | | Section. | 21 | | (c) Maintenance during an appeal. The court may grant and | 22 | | enforce the payment of maintenance during
the pendency of an | 23 | | appeal as the court shall deem reasonable and proper.
| 24 | | (d) Maintenance during imprisonment. No maintenance shall | 25 | | accrue during the period in which a party is
imprisoned for | 26 | | failure to comply with the court's order for the payment of
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| 1 | | such maintenance.
| 2 | | (e) Fees when maintenance is paid through the clerk. When | 3 | | maintenance is to be paid through the clerk of the court in a
| 4 | | county of 1,000,000 inhabitants or less, the order shall direct | 5 | | the obligor
to pay to the clerk, in addition to the maintenance | 6 | | payments, all fees
imposed by the county board under paragraph | 7 | | (3) of subsection (u) of
Section 27.1 of the Clerks of Courts | 8 | | Act. Unless paid in cash or pursuant
to an order for | 9 | | withholding, the payment of the fee shall be by a separate
| 10 | | instrument from the support payment and shall be made to the | 11 | | order of
the Clerk.
| 12 | | (f) Maintenance secured by life insurance. An award ordered | 13 | | by a court upon entry of a dissolution judgment or upon entry | 14 | | of an award of maintenance following a reservation of | 15 | | maintenance in a dissolution judgment may be reasonably | 16 | | secured, in whole or in part, by life insurance on the
payor's | 17 | | life on terms as to which the parties agree, or, if they do not | 18 | | agree, on such terms determined by the court,
subject to the | 19 | | following: | 20 | | (1) With respect to existing life insurance, provided | 21 | | the court is apprised through evidence,
stipulation, or | 22 | | otherwise as to level of death benefits, premium, and other | 23 | | relevant
data and makes findings relative thereto, the | 24 | | court may allocate death benefits, the right
to assign | 25 | | death benefits, or the obligation for future premium | 26 | | payments between the
parties as it deems just. |
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| 1 | | (2) To the extent the court determines that its award | 2 | | should be secured, in whole or in part,
by new life | 3 | | insurance on the payor's life, the court may only order: | 4 | | (i) that the payor cooperate on all appropriate | 5 | | steps for the payee to obtain
such new life insurance; | 6 | | and | 7 | | (ii) that the payee, at his or her sole option and | 8 | | expense, may obtain such new life
insurance on the | 9 | | payor's life up to a maximum level of death benefit | 10 | | coverage,
or descending death benefit coverage, as is | 11 | | set by the court, such level not to exceed a reasonable
| 12 | | amount in light of the court's award, with the payee or | 13 | | the
payee's designee being the beneficiary of such life | 14 | | insurance. | 15 | | In determining the maximum level of death benefit coverage, | 16 | | the court shall take into account all relevant facts and | 17 | | circumstances, including the impact on access to life | 18 | | insurance by the maintenance payor. If in resolving any | 19 | | issues under paragraph (2) of this subsection (f) a court | 20 | | reviews any submitted or proposed application for new | 21 | | insurance on the life of a maintenance payor, the review | 22 | | shall be in camera. | 23 | | (3) A judgment shall expressly set forth that all death | 24 | | benefits paid under life insurance on
a payor's life | 25 | | maintained or obtained pursuant to this subsection to | 26 | | secure
maintenance are designated as excludable from the |
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| 1 | | gross income of the
maintenance payee under Section | 2 | | 71(b)(1)(B) of the Internal Revenue Code, unless an
| 3 | | agreement or stipulation of the parties otherwise | 4 | | provides. | 5 | | (Source: P.A. 98-961, eff. 1-1-15; 99-90, eff. 1-1-16; 99-763, | 6 | | eff. 1-1-17 .)".
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