Illinois General Assembly - Full Text of HB2537
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Full Text of HB2537  100th General Assembly


Sen. Michael E. Hastings

Filed: 5/1/2017





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2    AMENDMENT NO. ______. Amend House Bill 2537 by replacing
3everything after the enacting clause with the following:
4    "(735 ILCS 5/21-103 rep.)
5    Section 5. The Code of Civil Procedure is amended by
6repealing Section 21-103.
7    Section 10. The Code of Civil Procedure is amended by
8adding Section 21-103.5 as follows:
9    (735 ILCS 5/21-103.5 new)
10    Sec. 21-103.5. Change of name involving a minor. In any
11application for a change of name involving a minor, before a
12judgment under this Article may be entered, actual notice and
13an opportunity to be heard shall be given to any parent whose
14parental rights have not been previously terminated and to any
15person who has been allocated parental responsibilities under



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1Section 602.5 or 602.7 of the Illinois Marriage and Dissolution
2of Marriage Act. If any of these persons is outside this State,
3notice and an opportunity to be heard shall be given under
4Section 21-104.
5    Section 15. The Illinois Marriage and Dissolution of
6Marriage Act is amended by changing Sections 413 and 504 as
8    (750 ILCS 5/413)  (from Ch. 40, par. 413)
9    Sec. 413. Judgment.
10    (a) A judgment of dissolution of marriage or of legal
11separation or of declaration of invalidity of marriage shall be
12entered within 60 days of the closing of proofs; however, if
13the court enters an order specifying good cause as to why the
14court needs an additional 30 days, the judgment shall be
15entered within 90 days of the closing of proofs, including any
16hearing under subsection (j) of Section 503 of this Act and
17submission of closing arguments. A judgment of dissolution of
18marriage or of legal separation or of declaration of invalidity
19of marriage is final when entered, subject to the right of
20appeal. An appeal from the judgment of dissolution of marriage
21that does not challenge the finding as to grounds does not
22delay the finality of that provision of the judgment which
23dissolves the marriage, beyond the time for appealing from that
24provision, and either of the parties may remarry pending



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1appeal. An order requiring maintenance or support of a spouse
2or a minor child or children entered under this Act or any
3other law of this State shall not be suspended or the
4enforcement thereof stayed pending the filing and resolution of
5post-judgment motions or an appeal.
6    (b) The clerk of the court shall give notice of the entry
7of a judgment of dissolution of marriage or legal separation or
8a declaration of invalidity of marriage:
9        (1) if the marriage is registered in this State, to the
10    county clerk of the county where the marriage is
11    registered, who shall enter the fact of dissolution of
12    marriage or legal separation or declaration of invalidity
13    of marriage in the marriage registry; and within 45 days
14    after the close of the month in which the judgment is
15    entered, the clerk shall forward the certificate to the
16    Department of Public Health on a form furnished by the
17    Department; or
18        (2) if the marriage is registered in another
19    jurisdiction, to the appropriate official of that
20    jurisdiction, with the request that he enter the fact of
21    dissolution of marriage or legal separation or declaration
22    of invalidity of marriage in the appropriate record.
23    (c) Unless the person whose marriage is dissolved or
24declared invalid requests otherwise, the judgment under this
25Section shall contain a provision authorizing the person to
26resume the use of his or her former or maiden name, should he



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1or she choose to do so, at any time he or she chooses to do so.
2Upon request by a wife whose marriage is dissolved or declared
3invalid, the court shall order her maiden name or a former name
5    (d) A judgment of dissolution of marriage or legal
6separation, if made, shall be awarded to both of the parties,
7and shall provide that it affects the status previously
8existing between the parties in the manner adjudged.
9(Source: P.A. 99-90, eff. 1-1-16.)
10    (750 ILCS 5/504)  (from Ch. 40, par. 504)
11    Sec. 504. Maintenance.
12    (a) Entitlement to maintenance. In a proceeding for
13dissolution of marriage or legal separation or declaration of
14invalidity of marriage, or a proceeding for maintenance
15following dissolution of the marriage by a court which lacked
16personal jurisdiction over the absent spouse, the court may
17grant a maintenance award for either spouse in amounts and for
18periods of time as the court deems just, without regard to
19marital misconduct, and the maintenance may be paid from the
20income or property of the other spouse. The court shall first
21determine whether a maintenance award is appropriate, after
22consideration of all relevant factors, including:
23        (1) the income and property of each party, including
24    marital property apportioned and non-marital property
25    assigned to the party seeking maintenance as well as all



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1    financial obligations imposed on the parties as a result of
2    the dissolution of marriage;
3        (2) the needs of each party;
4        (3) the realistic present and future earning capacity
5    of each party;
6        (4) any impairment of the present and future earning
7    capacity of the party seeking maintenance due to that party
8    devoting time to domestic duties or having forgone or
9    delayed education, training, employment, or career
10    opportunities due to the marriage;
11        (5) any impairment of the realistic present or future
12    earning capacity of the party against whom maintenance is
13    sought;
14        (6) the time necessary to enable the party seeking
15    maintenance to acquire appropriate education, training,
16    and employment, and whether that party is able to support
17    himself or herself through appropriate employment or any
18    parental responsibility arrangements and its effect on the
19    party seeking employment;
20        (7) the standard of living established during the
21    marriage;
22        (8) the duration of the marriage;
23        (9) the age, health, station, occupation, amount and
24    sources of income, vocational skills, employability,
25    estate, liabilities, and the needs of each of the parties;
26        (10) all sources of public and private income



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1    including, without limitation, disability and retirement
2    income;
3        (11) the tax consequences of the property division upon
4    the respective economic circumstances of the parties;
5        (12) contributions and services by the party seeking
6    maintenance to the education, training, career or career
7    potential, or license of the other spouse;
8        (13) any valid agreement of the parties; and
9        (14) any other factor that the court expressly finds to
10    be just and equitable.
11    (b) (Blank).
12    (b-1) Amount and duration of maintenance. If the court
13determines that a maintenance award is appropriate, the court
14shall order maintenance in accordance with either paragraph (1)
15or (2) of this subsection (b-1):
16        (1) Maintenance award in accordance with guidelines.
17    In situations when the combined gross annual income of the
18    parties is less than $500,000 $250,000 and the payor has no
19    obligation to pay child support or maintenance or both from
20    a prior relationship, maintenance payable after the date
21    the parties' marriage is dissolved shall be in accordance
22    with subparagraphs (A) and (B) of this paragraph (1),
23    unless the court makes a finding that the application of
24    the guidelines would be inappropriate.
25            (A) The amount of maintenance under this paragraph
26        (1) shall be calculated by taking 30% of the payor's



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1        gross annual income minus 20% of the payee's gross
2        annual income. The amount calculated as maintenance,
3        however, when added to the gross income of the payee,
4        may not result in the payee receiving an amount that is
5        in excess of 40% of the combined gross income of the
6        parties.
7            (B) The duration of an award under this paragraph
8        (1) shall be calculated by multiplying the length of
9        the marriage at the time the action was commenced by
10        whichever of the following factors applies: less than 5
11        years (.20); 5 years or more but less than 6 years
12        (.24); 6 years or more but less than 7 years (.28); 7
13        years or more but less than 8 years (.32); 8 years or
14        more but less than 9 years (.36); 9 years or more but
15        less than 10 years (.40); 10 years or more but less
16        than 11 years (.44); 11 years or more but less than 12
17        years (.48); 12 years or more but less than 13 years
18        (.52); 13 years or more but less than 14 years (.56);
19        14 years or more but less than 15 years (.60); 15 years
20        or more but less than 16 years (.64); 16 years or more
21        but less than 17 years (.68); 17 years or more but less
22        than 18 years (.72); 18 years or more but less than 19
23        years (.76); 19 years or more but less than 20 years
24        (.80). 5 years or less (.20); more than 5 years but
25        less than 10 years (.40); 10 years or more but less
26        than 15 years (.60); or 15 years or more but less than



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1        20 years (.80). For a marriage of 20 or more years, the
2        court, in its discretion, shall order either permanent
3        maintenance or maintenance for a period equal to the
4        length of the marriage or for an indefinite term.
5        (1.5) In the discretion of the court, any term of
6    temporary maintenance paid by court order pursuant to
7    Section 501 may be a corresponding credit to the duration
8    of maintenance set forth in subparagraph (b-1)(1)(B).
9        (2) Maintenance award not in accordance with
10    guidelines. Any non-guidelines award of maintenance shall
11    be made after the court's consideration of all relevant
12    factors set forth in subsection (a) of this Section.
13    (b-2) Findings. In each case involving the issue of
14maintenance, the court shall make specific findings of fact, as
16        (1) the court shall state its reasoning for awarding or
17    not awarding maintenance and shall include references to
18    each relevant factor set forth in subsection (a) of this
19    Section; and
20        (2) if the court deviates from otherwise applicable
21    guidelines under paragraph (1) of subsection (b-1), it
22    shall state in its findings the amount of maintenance (if
23    determinable) or duration that would have been required
24    under the guidelines and the reasoning for any variance
25    from the guidelines.
26    (b-3) Gross income. For purposes of this Section, the term



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1"gross income" means all income from all sources, within the
2scope of that phrase in Section 505 of this Act.
3    (b-4) Unallocated maintenance. Unless the parties
4otherwise agree, the court may not order unallocated
5maintenance and child support in any dissolution judgment or in
6any post-dissolution order. In its discretion, the court may
7order unallocated maintenance and child support in any
8pre-dissolution temporary order.
9    (b-4.5) Fixed-term maintenance in marriages of less than 10
10years. If a court grants maintenance for a fixed period under
11subsection (a) of this Section at the conclusion of a case
12commenced before the tenth anniversary of the marriage, the
13court may also designate the termination of the period during
14which this maintenance is to be paid as a "permanent
15termination". The effect of this designation is that
16maintenance is barred after the ending date of the period
17during which maintenance is to be paid.
18    (b-5) Interest on maintenance. Any maintenance obligation
19including any unallocated maintenance and child support
20obligation, or any portion of any support obligation, that
21becomes due and remains unpaid shall accrue simple interest as
22set forth in Section 505 of this Act.
23    (b-7) Maintenance judgments. Any new or existing
24maintenance order including any unallocated maintenance and
25child support order entered by the court under this Section
26shall be deemed to be a series of judgments against the person



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1obligated to pay support thereunder. Each such judgment to be
2in the amount of each payment or installment of support and
3each such judgment to be deemed entered as of the date the
4corresponding payment or installment becomes due under the
5terms of the support order, except no judgment shall arise as
6to any installment coming due after the termination of
7maintenance as provided by Section 510 of the Illinois Marriage
8and Dissolution of Marriage Act or the provisions of any order
9for maintenance. Each such judgment shall have the full force,
10effect and attributes of any other judgment of this State,
11including the ability to be enforced. Notwithstanding any other
12State or local law to the contrary, a lien arises by operation
13of law against the real and personal property of the obligor
14for each installment of overdue support owed by the obligor.
15    (b-8) Upon review of any previously ordered maintenance
16award, the court may extend maintenance for further review,
17extend maintenance for a fixed non-modifiable term, extend
18maintenance for an indefinite term, or permanently terminate
19maintenance in accordance with subdivision (b-1)(1)(A) of this
21    (c) Maintenance during an appeal. The court may grant and
22enforce the payment of maintenance during the pendency of an
23appeal as the court shall deem reasonable and proper.
24    (d) Maintenance during imprisonment. No maintenance shall
25accrue during the period in which a party is imprisoned for
26failure to comply with the court's order for the payment of



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1such maintenance.
2    (e) Fees when maintenance is paid through the clerk. When
3maintenance is to be paid through the clerk of the court in a
4county of 1,000,000 inhabitants or less, the order shall direct
5the obligor to pay to the clerk, in addition to the maintenance
6payments, all fees imposed by the county board under paragraph
7(3) of subsection (u) of Section 27.1 of the Clerks of Courts
8Act. Unless paid in cash or pursuant to an order for
9withholding, the payment of the fee shall be by a separate
10instrument from the support payment and shall be made to the
11order of the Clerk.
12    (f) Maintenance secured by life insurance. An award ordered
13by a court upon entry of a dissolution judgment or upon entry
14of an award of maintenance following a reservation of
15maintenance in a dissolution judgment may be reasonably
16secured, in whole or in part, by life insurance on the payor's
17life on terms as to which the parties agree, or, if they do not
18agree, on such terms determined by the court, subject to the
20        (1) With respect to existing life insurance, provided
21    the court is apprised through evidence, stipulation, or
22    otherwise as to level of death benefits, premium, and other
23    relevant data and makes findings relative thereto, the
24    court may allocate death benefits, the right to assign
25    death benefits, or the obligation for future premium
26    payments between the parties as it deems just.



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1        (2) To the extent the court determines that its award
2    should be secured, in whole or in part, by new life
3    insurance on the payor's life, the court may only order:
4            (i) that the payor cooperate on all appropriate
5        steps for the payee to obtain such new life insurance;
6        and
7            (ii) that the payee, at his or her sole option and
8        expense, may obtain such new life insurance on the
9        payor's life up to a maximum level of death benefit
10        coverage, or descending death benefit coverage, as is
11        set by the court, such level not to exceed a reasonable
12        amount in light of the court's award, with the payee or
13        the payee's designee being the beneficiary of such life
14        insurance.
15    In determining the maximum level of death benefit coverage,
16    the court shall take into account all relevant facts and
17    circumstances, including the impact on access to life
18    insurance by the maintenance payor. If in resolving any
19    issues under paragraph (2) of this subsection (f) a court
20    reviews any submitted or proposed application for new
21    insurance on the life of a maintenance payor, the review
22    shall be in camera.
23        (3) A judgment shall expressly set forth that all death
24    benefits paid under life insurance on a payor's life
25    maintained or obtained pursuant to this subsection to
26    secure maintenance are designated as excludable from the



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1    gross income of the maintenance payee under Section
2    71(b)(1)(B) of the Internal Revenue Code, unless an
3    agreement or stipulation of the parties otherwise
4    provides.
5(Source: P.A. 98-961, eff. 1-1-15; 99-90, eff. 1-1-16; 99-763,
6eff. 1-1-17.)".