093_SB0363enr
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1 AN ACT concerning family 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 Section 510 as follows:
6 (750 ILCS 5/510) (from Ch. 40, par. 510)
7 (Text of Section before amendment by P.A. 92-876)
8 Sec. 510. Modification and termination of provisions for
9 maintenance, support, educational expenses, and property
10 disposition.
11 (a) Except as otherwise provided in paragraph (f) of
12 Section 502 and in subsection (b), clause (3) of Section
13 505.2, the provisions of any judgment respecting maintenance
14 or support may be modified only as to installments accruing
15 subsequent to due notice by the moving party of the filing of
16 the motion for modification and, with respect to maintenance,
17 only upon a showing of a substantial change in circumstances.
18 An order for child support may be modified as follows:
19 (1) upon a showing of a substantial change in
20 circumstances; and
21 (2) without the necessity of showing a substantial
22 change in circumstances, as follows:
23 (A) upon a showing of an inconsistency of at
24 least 20%, but no less than $10 per month, between
25 the amount of the existing order and the amount of
26 child support that results from application of the
27 guidelines specified in Section 505 of this Act
28 unless the inconsistency is due to the fact that the
29 amount of the existing order resulted from a
30 deviation from the guideline amount and there has
31 not been a change in the circumstances that resulted
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1 in that deviation; or
2 (B) Upon a showing of a need to provide for
3 the health care needs of the child under the order
4 through health insurance or other means. In no
5 event shall the eligibility for or receipt of
6 medical assistance be considered to meet the need to
7 provide for the child's health care needs.
8 The provisions of subparagraph (a)(2)(A) shall apply only
9 in cases in which a party is receiving child support
10 enforcement services from the Illinois Department of Public
11 Aid under Article X of the Illinois Public Aid Code, and only
12 when at least 36 months have elapsed since the order for
13 child support was entered or last modified.
14 (a-5) An order for maintenance may be modified or
15 terminated only upon a showing of a substantial change in
16 circumstances. In all such proceedings, as well as in
17 proceedings in which maintenance is being reviewed, the court
18 shall consider the applicable factors set forth in subsection
19 (a) of Section 504 and the following factors:
20 (1) any change in the employment status of either
21 party and whether the change has been made in good faith;
22 (2) the efforts, if any, made by the party
23 receiving maintenance to become self-supporting, and the
24 reasonableness of the efforts where they are appropriate;
25 (3) any impairment of the present and future
26 earning capacity of either party;
27 (4) the tax consequences of the maintenance
28 payments upon the respective economic circumstances of
29 the parties;
30 (5) the duration of the maintenance payments
31 previously paid (and remaining to be paid) relative to
32 the length of the marriage;
33 (6) the property, including retirement benefits,
34 awarded to each party under the judgment of dissolution
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1 of marriage, judgment of legal separation, or judgment of
2 declaration of invalidity of marriage and the present
3 status of the property;
4 (7) the increase or decrease in each party's income
5 since the prior judgment or order from which a review,
6 modification, or termination is being sought;
7 (8) the property acquired and currently owned by
8 each party after the entry of the judgment of dissolution
9 of marriage, judgment of legal separation, or judgment of
10 declaration of invalidity of marriage; and
11 (9) any other factor that the court expressly finds
12 to be just and equitable.
13 (b) The provisions as to property disposition may not be
14 revoked or modified, unless the court finds the existence of
15 conditions that justify the reopening of a judgment under the
16 laws of this State.
17 (c) Unless otherwise agreed by the parties in a written
18 agreement set forth in the judgment or otherwise approved by
19 the court, the obligation to pay future maintenance is
20 terminated upon the death of either party, or the remarriage
21 of the party receiving maintenance, or if the party receiving
22 maintenance cohabits with another person on a resident,
23 continuing conjugal basis.
24 (d) Unless otherwise agreed in writing or expressly
25 provided in a judgment, provisions for the support of a child
26 are terminated by emancipation of the child, except as
27 otherwise provided herein, but not by the death of a parent
28 obligated to support or educate the child. An existing
29 obligation to pay for support or educational expenses, or
30 both, is not terminated by the death of a parent. When a
31 parent obligated to pay support or educational expenses, or
32 both, dies, the amount of support or educational expenses, or
33 both, may be enforced, modified, revoked or commuted to a
34 lump sum payment, as equity may require, and that
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1 determination may be provided for at the time of the
2 dissolution of the marriage or thereafter.
3 (e) The right to petition for support or educational
4 expenses, or both, under Sections 505 and 513 is not
5 extinguished by the death of a parent. Upon a petition filed
6 before or after a parent's death, the court may award sums of
7 money out of the decedent's estate for the child's support or
8 educational expenses, or both, as equity may require. The
9 time within which a claim may be filed against the estate of
10 a decedent under Sections 505 and 513 and subsection (d) and
11 this subsection shall be governed by the provisions of the
12 Probate Act of 1975, as a barrable, noncontingent claim.
13 (f) A petition to modify or terminate child support,
14 custody, or visitation shall not delay any child support
15 enforcement litigation or supplementary proceeding on behalf
16 of the obligee, including, but not limited to, a petition for
17 a rule to show cause, for non-wage garnishment, or for a
18 restraining order.
19 (Source: P.A. 92-289, eff. 8-9-01; 92-590, eff. 7-1-02;
20 92-651, eff. 7-11-02.)
21 (Text of Section after amendment by P.A. 92-876)
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
26 Section 502 and in subsection (b), clause (3) of Section
27 505.2, the provisions of any judgment respecting maintenance
28 or support may be modified only as to installments accruing
29 subsequent to due notice by the moving party of the filing of
30 the motion for modification and, with respect to maintenance,
31 only upon a showing of a substantial change in circumstances.
32 An order for child support may be modified as follows:
33 (1) upon a showing of a substantial change in
34 circumstances; and
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1 (2) without the necessity of showing a substantial
2 change in circumstances, as follows:
3 (A) upon a showing of an inconsistency of at
4 least 20%, but no less than $10 per month, between
5 the amount of the existing order and the amount of
6 child support that results from application of the
7 guidelines specified in Section 505 of this Act
8 unless the inconsistency is due to the fact that the
9 amount of the existing order resulted from a
10 deviation from the guideline amount and there has
11 not been a change in the circumstances that resulted
12 in that deviation; or
13 (B) Upon a showing of a need to provide for
14 the health care needs of the child under the order
15 through health insurance or other means. In no
16 event shall the eligibility for or receipt of
17 medical assistance be considered to meet the need to
18 provide for the child's health care needs.
19 The provisions of subparagraph (a)(2)(A) shall apply only
20 in cases in which a party is receiving child support
21 enforcement services from the Illinois Department of Public
22 Aid under Article X of the Illinois Public Aid Code, and only
23 when at least 36 months have elapsed since the order for
24 child support was entered or last modified.
25 (a-5) An order for maintenance may be modified or
26 terminated only upon a showing of a substantial change in
27 circumstances. In all such proceedings, as well as in
28 proceedings in which maintenance is being reviewed, the court
29 shall consider the applicable factors set forth in subsection
30 (a) of Section 504 and the following factors:
31 (1) any change in the employment status of either
32 party and whether the change has been made in good faith;
33 (2) the efforts, if any, made by the party
34 receiving maintenance to become self-supporting, and the
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1 reasonableness of the efforts where they are appropriate;
2 (3) any impairment of the present and future
3 earning capacity of either party;
4 (4) the tax consequences of the maintenance
5 payments upon the respective economic circumstances of
6 the parties;
7 (5) the duration of the maintenance payments
8 previously paid (and remaining to be paid) relative to
9 the length of the marriage;
10 (6) the property, including retirement benefits,
11 awarded to each party under the judgment of dissolution
12 of marriage, judgment of legal separation, or judgment of
13 declaration of invalidity of marriage and the present
14 status of the property;
15 (7) the increase or decrease in each party's income
16 since the prior judgment or order from which a review,
17 modification, or termination is being sought;
18 (8) the property acquired and currently owned by
19 each party after the entry of the judgment of dissolution
20 of marriage, judgment of legal separation, or judgment of
21 declaration of invalidity of marriage; and
22 (9) any other factor that the court expressly finds
23 to be just and equitable.
24 (b) The provisions as to property disposition may not be
25 revoked or modified, unless the court finds the existence of
26 conditions that justify the reopening of a judgment under the
27 laws of this State.
28 (c) Unless otherwise agreed by the parties in a written
29 agreement set forth in the judgment or otherwise approved by
30 the court, the obligation to pay future maintenance is
31 terminated upon the death of either party, or the remarriage
32 of the party receiving maintenance, or if the party receiving
33 maintenance cohabits with another person on a resident,
34 continuing conjugal basis.
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1 (d) Unless otherwise provided in this Act, or as agreed
2 in writing or expressly provided in the judgment, provisions
3 for the support of a child are terminated by emancipation of
4 the child, or if the child has attained the age of 18 and is
5 still attending high school, provisions for the support of
6 the child are terminated upon the date that the child
7 graduates from high school or the date the child attains the
8 age of 19, whichever is earlier, but not by the death of a
9 parent obligated to support or educate the child. An existing
10 obligation to pay for support or educational expenses, or
11 both, is not terminated by the death of a parent. When a
12 parent obligated to pay support or educational expenses, or
13 both, dies, the amount of support or educational expenses, or
14 both, may be enforced, modified, revoked or commuted to a
15 lump sum payment, as equity may require, and that
16 determination may be provided for at the time of the
17 dissolution of the marriage or thereafter.
18 (e) The right to petition for support or educational
19 expenses, or both, under Sections 505 and 513 is not
20 extinguished by the death of a parent. Upon a petition filed
21 before or after a parent's death, the court may award sums of
22 money out of the decedent's estate for the child's support or
23 educational expenses, or both, as equity may require. The
24 time within which a claim may be filed against the estate of
25 a decedent under Sections 505 and 513 and subsection (d) and
26 this subsection shall be governed by the provisions of the
27 Probate Act of 1975, as a barrable, noncontingent claim.
28 (f) A petition to modify or terminate child support,
29 custody, or visitation shall not delay any child support
30 enforcement litigation or supplementary proceeding on behalf
31 of the obligee, including, but not limited to, a petition for
32 a rule to show cause, for non-wage garnishment, or for a
33 restraining order.
34 (Source: P.A. 92-289, eff. 8-9-01; 92-590, eff. 7-1-02;
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1 92-651, eff. 7-11-02; 92-876, eff. 6-1-03; revised 1-14-03.)