HB2357 94TH GENERAL ASSEMBLY

LRB094 07678 DRJ 37853 b

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.

A BILL FOR

AN ACT concerning civil 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 513 as follows:

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

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

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

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

(2) The court may also make provision for the educational expenses of the child or children of the parties, whether of minor or majority age, and an application for educational expenses may be made before or after the child has attained majority, or after the death of either parent. The authority under this Section to make provision for educational expenses extends not only to periods of college education or professional or other training after graduation from high school, but also to any period during which the child of the parties is still attending high school, even though he or she attained the age of 19. The educational expenses may include, but shall not be limited to, room, board, dues, tuition, transportation, books, fees, registration and application costs, medical expenses including medical insurance, dental expenses, and living expenses during the school year and periods of recess, which sums may be ordered payable to the child, to either parent, or to the educational institution, directly or through a special account or trust created for that purpose, as the court sees fit.

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

The authority under this Section to make provision for educational expenses, except where the child is mentally or physically disabled and not otherwise emancipated, terminates when the child receives a baccalaureate degree.

(3) 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. 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. 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.

(b) In making awards under paragraph (1) or (2) of subsection (a), or pursuant to a petition or motion to decrease, modify, or terminate any such award, the court shall consider all relevant factors that appear reasonable and necessary, including:

(1) The financial resources of both parents.

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

(3) The financial resources of the child.

(4) The child's academic performance.

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