94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2357


 
Introduced 2/16/2005, by Rep. Marlow H. Colvin
 
SYNOPSIS AS INTRODUCED:
 		














750 ILCS 5/513
  from Ch. 40, par. 513








    Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if the amount of child support was reduced or suspended because the obligor was incarcerated and if the full amount of child support that would have been owed but for the reduction or suspension has not been paid to the obligee by the time the child attains majority, the court, upon application, may order the obligor to make child support payments after the child attains majority. Provides that the period for which such payments are due shall begin on the date the child attains majority or the date the obligor is released from incarceration, whichever is later, and the length of the period shall be equal to the length of the period of the obligor's incarceration. Provides that the amount of support shall be the amount that was in effect immediately before the suspension of support or the amount by which the support was reduced because of the obligor's incarceration, whichever is less.
















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A BILL FOR









 











HB2357

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    AN ACT concerning civil law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Illinois Marriage and Dissolution of 
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Marriage Act is amended  by changing Section 513 as follows:
 



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    (750 ILCS 5/513)  (from Ch. 40, par. 513)



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    Sec. 513. Support for Non-minor Children and Educational 
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Expenses. 


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    (a) The court may award sums of money out of the property 
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and income of
either or both parties or the estate of a 
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deceased parent, as equity may
require, for the support of the 
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child or children of the parties who have
attained majority in 
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the following instances:


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        (1) When the child is mentally or physically disabled 
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    and not otherwise
emancipated, an application for support 
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    may be made before or after the child
has attained 
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    majority.


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        (2) The court may also make provision for the 
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    educational expenses of the
child or children of the 
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    parties, whether of minor or majority age, and an

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    application for educational expenses may be made before or 
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    after the child has
attained majority, or after the death 
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    of either parent. The authority under
this Section to make 
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    provision for educational expenses extends not only to

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    periods of college education or professional or other 
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    training after graduation
from high school, but also to any 
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    period during which the child of the parties
is still 
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    attending high school, even though he or she attained the 
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    age of
19.
The educational expenses may include, but shall 
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    not be limited to, room, board,
dues, tuition, 
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    transportation, books, fees, registration and application 
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    costs,
medical expenses including medical insurance, 
 


 






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    dental expenses, and living
expenses during the school year 
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    and periods of recess, which sums may be
ordered payable to 
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    the child, to either parent, or to the educational

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    institution, directly or through a special account or trust 
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    created for
that purpose, as the court sees fit.


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        If educational expenses are ordered payable, each 
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    parent and the child
shall
sign any consents necessary for 
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    the educational institution to provide the
supporting 
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    parent with access to the child's academic transcripts, 
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    records, and
grade reports.  The consents shall not apply to 
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    any non-academic records.
Failure to execute the required 
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    consent may be a basis for a modification or
termination of 
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    any order entered under this Section.


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        The authority under this Section to make provision for 
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    educational
expenses, except where the child is mentally or 
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    physically disabled and not
otherwise emancipated, 
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    terminates when the child receives
a baccalaureate degree.
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        (3) If the amount of child support was reduced or 
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    suspended because the obligor was incarcerated and if the 
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    full amount of child support that would have been owed but 
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    for the reduction or suspension has not been paid to the 
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    obligee by the time the child attains majority, the court, 
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    upon application, may order the obligor to make child 
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    support payments after the child attains majority. The 
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    period for which such payments are due shall begin on the 
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    date the child attains majority or the date the obligor is 
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    released from incarceration, whichever is later, and the 
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    length of the period shall be equal to the length of the 
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    period of the obligor's incarceration. The amount of 
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    support shall be the amount that was in effect immediately 
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    before the suspension of support or the amount by which the 
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    support was reduced because of the obligor's 
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    incarceration, whichever is less.


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    (b) In making awards under paragraph (1) or (2) of 
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subsection (a), or
pursuant to a petition or motion to 
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decrease, modify, or terminate any such
award, the court shall 
 


 






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consider all relevant factors that appear reasonable
and 
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necessary, including:


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        (1) The financial resources of both parents.


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        (2) The standard of living the child would have enjoyed 
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    had the marriage
not been dissolved.


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        (3) The financial resources of the child.


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        (4) The child's academic performance.

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(Source: P.A. 91-204, eff. 1-1-00; 92-876, eff. 6-1-03.)