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| 1 | AN ACT concerning family law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Marriage and Dissolution of | ||||||
| 5 | Marriage Act is amended by changing Section 504 as follows:
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| 6 | (750 ILCS 5/504) (from Ch. 40, par. 504)
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| 7 | Sec. 504. Maintenance.
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| 8 | (a) In a proceeding for dissolution of marriage or legal | ||||||
| 9 | separation or
declaration of invalidity of marriage, or a | ||||||
| 10 | proceeding for maintenance
following dissolution of the | ||||||
| 11 | marriage by a court which lacked personal
jurisdiction over the | ||||||
| 12 | absent spouse, the court may grant a temporary or
permanent | ||||||
| 13 | maintenance award for either spouse in amounts and for periods | ||||||
| 14 | of
time as the court deems just, without regard to marital | ||||||
| 15 | misconduct, in
gross or for fixed or indefinite periods of | ||||||
| 16 | time, and the maintenance may
be paid from the income or | ||||||
| 17 | property of the other spouse after consideration
of all | ||||||
| 18 | relevant factors, including:
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| 19 | (1) the income and property of each party, including | ||||||
| 20 | marital property
apportioned and non-marital property | ||||||
| 21 | assigned to the party seeking maintenance;
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| 22 | (2) the needs of each party;
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| 23 | (3) the present and future earning capacity of each | ||||||
| 24 | party;
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| 25 | (4) any impairment of the present and future earning | ||||||
| 26 | capacity of the
party seeking maintenance due to that party | ||||||
| 27 | devoting time to domestic
duties or having forgone or | ||||||
| 28 | delayed education, training,
employment, or
career | ||||||
| 29 | opportunities due to the marriage;
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| 30 | (5) the time necessary to enable the party seeking | ||||||
| 31 | maintenance to
acquire appropriate education, training, | ||||||
| 32 | and employment, and whether that
party is able to support | ||||||
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| 1 | himself or herself through appropriate employment
or is the | ||||||
| 2 | custodian of a child making it appropriate that the | ||||||
| 3 | custodian not
seek employment;
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| 4 | (6) the standard of living established during the | ||||||
| 5 | marriage;
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| 6 | (7) the duration of the marriage;
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| 7 | (8) the age and the physical and emotional condition of
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| 8 | both parties;
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| 9 | (9) the tax consequences of the property division upon | ||||||
| 10 | the respective
economic circumstances of the parties;
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| 11 | (10) contributions and services by the party seeking | ||||||
| 12 | maintenance to
the education, training, career or career | ||||||
| 13 | potential, or license of the
other spouse;
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| 14 | (11) any valid agreement of the parties; and
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| 15 | (12) any other factor that the court expressly finds to | ||||||
| 16 | be just and
equitable.
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| 17 | (b) (Blank).
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| 18 | (b-5) Any maintenance obligation including any unallocated | ||||||
| 19 | maintenance and child support obligation, or any portion of any | ||||||
| 20 | support obligation, that becomes due and remains unpaid shall | ||||||
| 21 | accrue simple interest as set forth in Section 505 of this Act.
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| 22 | (b-7) Any new or existing maintenance order including any | ||||||
| 23 | unallocated maintenance and child support order entered by the | ||||||
| 24 | court under this Section shall be deemed to be a series of | ||||||
| 25 | judgments against the person obligated to pay support | ||||||
| 26 | thereunder. Each such judgment to be in the amount of each | ||||||
| 27 | payment or installment of support and each such judgment to be | ||||||
| 28 | deemed entered as of the date the corresponding payment or | ||||||
| 29 | installment becomes due under the terms of the support order, | ||||||
| 30 | except no judgment shall arise as to any installment coming due | ||||||
| 31 | after the termination of maintenance as provided by Section 510 | ||||||
| 32 | of the Illinois Marriage and Dissolution of Marriage Act or the | ||||||
| 33 | provisions of any order for maintenance. Each such judgment | ||||||
| 34 | shall have the full force, effect and attributes of any other | ||||||
| 35 | judgment of this State, including the ability to be enforced. A | ||||||
| 36 | lien arises by operation of law against the real and personal | ||||||
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| 1 | property of the obligor for each installment of overdue support | ||||||
| 2 | owed by the obligor. | ||||||
| 3 | (c) The court may grant and enforce the payment of | ||||||
| 4 | maintenance during
the pendency of an appeal as the court shall | ||||||
| 5 | deem reasonable and proper.
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| 6 | (d) No maintenance shall accrue during the period in which | ||||||
| 7 | a party is
imprisoned for failure to comply with the court's | ||||||
| 8 | order for the payment of
such maintenance.
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| 9 | (e) When maintenance is to be paid through the clerk of the | ||||||
| 10 | court in a
county of 1,000,000 inhabitants or less, the order | ||||||
| 11 | shall direct the obligor
to pay to the clerk, in addition to | ||||||
| 12 | the maintenance payments, all fees
imposed by the county board | ||||||
| 13 | under paragraph (3) of subsection (u) of
Section 27.1 of the | ||||||
| 14 | Clerks of Courts Act. Unless paid in cash or pursuant
to an | ||||||
| 15 | order for withholding, the payment of the fee shall be by a | ||||||
| 16 | separate
instrument from the support payment and shall be made | ||||||
| 17 | to the order of
the Clerk.
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| 18 | (Source: P.A. 91-357, eff. 7-29-99.)
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