Public Act 93-0353
SB363 Enrolled LRB093 02154 LCB 10129 b
AN ACT concerning family law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 510 as follows:
(750 ILCS 5/510) (from Ch. 40, par. 510)
(Text of Section before amendment by P.A. 92-876)
Sec. 510. Modification and termination of provisions for
maintenance, support, educational expenses, and property
disposition.
(a) Except as otherwise provided in paragraph (f) of
Section 502 and in subsection (b), clause (3) of Section
505.2, the provisions of any judgment respecting maintenance
or support may be modified only as to installments accruing
subsequent to due notice by the moving party of the filing of
the motion for modification and, with respect to maintenance,
only upon a showing of a substantial change in circumstances.
An order for child support may be modified as follows:
(1) upon a showing of a substantial change in
circumstances; and
(2) without the necessity of showing a substantial
change in circumstances, as follows:
(A) upon a showing of an inconsistency of at
least 20%, but no less than $10 per month, between
the amount of the existing order and the amount of
child support that results from application of the
guidelines specified in Section 505 of this Act
unless the inconsistency is due to the fact that the
amount of the existing order resulted from a
deviation from the guideline amount and there has
not been a change in the circumstances that resulted
in that deviation; or
(B) Upon a showing of a need to provide for
the health care needs of the child under the order
through health insurance or other means. In no
event shall the eligibility for or receipt of
medical assistance be considered to meet the need to
provide for the child's health care needs.
The provisions of subparagraph (a)(2)(A) shall apply only
in cases in which a party is receiving child support
enforcement services from the Illinois Department of Public
Aid under Article X of the Illinois Public Aid Code, and only
when at least 36 months have elapsed since the order for
child support was entered or last modified.
(a-5) An order for maintenance may be modified or
terminated only upon a showing of a substantial change in
circumstances. In all such proceedings, as well as in
proceedings in which maintenance is being reviewed, the court
shall consider the applicable factors set forth in subsection
(a) of Section 504 and the following factors:
(1) any change in the employment status of either
party and whether the change has been made in good faith;
(2) the efforts, if any, made by the party
receiving maintenance to become self-supporting, and the
reasonableness of the efforts where they are appropriate;
(3) any impairment of the present and future
earning capacity of either party;
(4) the tax consequences of the maintenance
payments upon the respective economic circumstances of
the parties;
(5) the duration of the maintenance payments
previously paid (and remaining to be paid) relative to
the length of the marriage;
(6) the property, including retirement benefits,
awarded to each party under the judgment of dissolution
of marriage, judgment of legal separation, or judgment of
declaration of invalidity of marriage and the present
status of the property;
(7) the increase or decrease in each party's income
since the prior judgment or order from which a review,
modification, or termination is being sought;
(8) the property acquired and currently owned by
each party after the entry of the judgment of dissolution
of marriage, judgment of legal separation, or judgment of
declaration of invalidity of marriage; and
(9) any other factor that the court expressly finds
to be just and equitable.
(b) The provisions as to property disposition may not be
revoked or modified, unless the court finds the existence of
conditions that justify the reopening of a judgment under the
laws of this State.
(c) Unless otherwise agreed by the parties in a written
agreement set forth in the judgment or otherwise approved by
the court, the obligation to pay future maintenance is
terminated upon the death of either party, or the remarriage
of the party receiving maintenance, or if the party receiving
maintenance cohabits with another person on a resident,
continuing conjugal basis.
(d) Unless otherwise agreed in writing or expressly
provided in a judgment, provisions for the support of a child
are terminated by emancipation of the child, except as
otherwise provided herein, but not by the death of a parent
obligated to support or educate the child. An existing
obligation to pay for support or educational expenses, or
both, is not terminated by the death of a parent. When a
parent obligated to pay support or educational expenses, or
both, dies, the amount of support or educational expenses, or
both, may be enforced, modified, revoked or commuted to a
lump sum payment, as equity may require, and that
determination may be provided for at the time of the
dissolution of the marriage or thereafter.
(e) The right to petition for support or educational
expenses, or both, under Sections 505 and 513 is not
extinguished by the death of a parent. Upon a petition filed
before or after a parent's death, the court may award sums of
money out of the decedent's estate for the child's support or
educational expenses, or both, as equity may require. The
time within which a claim may be filed against the estate of
a decedent under Sections 505 and 513 and subsection (d) and
this subsection shall be governed by the provisions of the
Probate Act of 1975, as a barrable, noncontingent claim.
(f) A petition to modify or terminate child support,
custody, or visitation shall not delay any child support
enforcement litigation or supplementary proceeding on behalf
of the obligee, including, but not limited to, a petition for
a rule to show cause, for non-wage garnishment, or for a
restraining order.
(Source: P.A. 92-289, eff. 8-9-01; 92-590, eff. 7-1-02;
92-651, eff. 7-11-02.)
(Text of Section after amendment by P.A. 92-876)
Sec. 510. Modification and termination of provisions for
maintenance, support, educational expenses, and property
disposition.
(a) Except as otherwise provided in paragraph (f) of
Section 502 and in subsection (b), clause (3) of Section
505.2, the provisions of any judgment respecting maintenance
or support may be modified only as to installments accruing
subsequent to due notice by the moving party of the filing of
the motion for modification and, with respect to maintenance,
only upon a showing of a substantial change in circumstances.
An order for child support may be modified as follows:
(1) upon a showing of a substantial change in
circumstances; and
(2) without the necessity of showing a substantial
change in circumstances, as follows:
(A) upon a showing of an inconsistency of at
least 20%, but no less than $10 per month, between
the amount of the existing order and the amount of
child support that results from application of the
guidelines specified in Section 505 of this Act
unless the inconsistency is due to the fact that the
amount of the existing order resulted from a
deviation from the guideline amount and there has
not been a change in the circumstances that resulted
in that deviation; or
(B) Upon a showing of a need to provide for
the health care needs of the child under the order
through health insurance or other means. In no
event shall the eligibility for or receipt of
medical assistance be considered to meet the need to
provide for the child's health care needs.
The provisions of subparagraph (a)(2)(A) shall apply only
in cases in which a party is receiving child support
enforcement services from the Illinois Department of Public
Aid under Article X of the Illinois Public Aid Code, and only
when at least 36 months have elapsed since the order for
child support was entered or last modified.
(a-5) An order for maintenance may be modified or
terminated only upon a showing of a substantial change in
circumstances. In all such proceedings, as well as in
proceedings in which maintenance is being reviewed, the court
shall consider the applicable factors set forth in subsection
(a) of Section 504 and the following factors:
(1) any change in the employment status of either
party and whether the change has been made in good faith;
(2) the efforts, if any, made by the party
receiving maintenance to become self-supporting, and the
reasonableness of the efforts where they are appropriate;
(3) any impairment of the present and future
earning capacity of either party;
(4) the tax consequences of the maintenance
payments upon the respective economic circumstances of
the parties;
(5) the duration of the maintenance payments
previously paid (and remaining to be paid) relative to
the length of the marriage;
(6) the property, including retirement benefits,
awarded to each party under the judgment of dissolution
of marriage, judgment of legal separation, or judgment of
declaration of invalidity of marriage and the present
status of the property;
(7) the increase or decrease in each party's income
since the prior judgment or order from which a review,
modification, or termination is being sought;
(8) the property acquired and currently owned by
each party after the entry of the judgment of dissolution
of marriage, judgment of legal separation, or judgment of
declaration of invalidity of marriage; and
(9) any other factor that the court expressly finds
to be just and equitable.
(b) The provisions as to property disposition may not be
revoked or modified, unless the court finds the existence of
conditions that justify the reopening of a judgment under the
laws of this State.
(c) Unless otherwise agreed by the parties in a written
agreement set forth in the judgment or otherwise approved by
the court, the obligation to pay future maintenance is
terminated upon the death of either party, or the remarriage
of the party receiving maintenance, or if the party receiving
maintenance cohabits with another person on a resident,
continuing conjugal basis.
(d) Unless otherwise provided in this Act, or as agreed
in writing or expressly provided in the judgment, provisions
for the support of a child are terminated by emancipation of
the child, or if the child has attained the age of 18 and is
still attending high school, provisions for the support of
the child are terminated upon the date that the child
graduates from high school or the date the child attains the
age of 19, whichever is earlier, but not by the death of a
parent obligated to support or educate the child. An existing
obligation to pay for support or educational expenses, or
both, is not terminated by the death of a parent. When a
parent obligated to pay support or educational expenses, or
both, dies, the amount of support or educational expenses, or
both, may be enforced, modified, revoked or commuted to a
lump sum payment, as equity may require, and that
determination may be provided for at the time of the
dissolution of the marriage or thereafter.
(e) The right to petition for support or educational
expenses, or both, under Sections 505 and 513 is not
extinguished by the death of a parent. Upon a petition filed
before or after a parent's death, the court may award sums of
money out of the decedent's estate for the child's support or
educational expenses, or both, as equity may require. The
time within which a claim may be filed against the estate of
a decedent under Sections 505 and 513 and subsection (d) and
this subsection shall be governed by the provisions of the
Probate Act of 1975, as a barrable, noncontingent claim.
(f) A petition to modify or terminate child support,
custody, or visitation shall not delay any child support
enforcement litigation or supplementary proceeding on behalf
of the obligee, including, but not limited to, a petition for
a rule to show cause, for non-wage garnishment, or for a
restraining order.
(Source: P.A. 92-289, eff. 8-9-01; 92-590, eff. 7-1-02;
92-651, eff. 7-11-02; 92-876, eff. 6-1-03; revised 1-14-03.)