Illinois General Assembly - Full Text of HB5752
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Full Text of HB5752  99th General Assembly




State of Illinois
2015 and 2016


Introduced , by Rep. David R. Leitch


750 ILCS 5/504  from Ch. 40, par. 504

    Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that in determining whether a maintenance award is appropriate, the court shall consider any history or pattern of family violence. Deletes language providing that: (i) the amount of maintenance awarded under certain circumstances shall be calculated by taking 30% of the payor's gross income minus 20% of the payee's gross income; and (ii) the amount calculated as maintenance when added to the gross income of the payee may not result in the payee receiving an amount that is in excess of 40% of the combined gross income of the parties. Provides that when there is no child support obligation between the parties, the amount of maintenance shall be calculated by taking 30% of the payor's gross income minus 40% of the payee's gross income. Provides that when there is a child support obligation between the parties, the amount of maintenance shall be calculated by taking 28% of the payor's gross income minus 48% of the payee's gross income.

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HB5752LRB099 19110 HEP 43499 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Marriage and Dissolution of
5Marriage Act is amended by changing Section 504 as follows:
6    (750 ILCS 5/504)  (from Ch. 40, par. 504)
7    Sec. 504. Maintenance.
8    (a) Entitlement to maintenance. In a proceeding for
9dissolution of marriage or legal separation or declaration of
10invalidity of marriage, or a proceeding for maintenance
11following dissolution of the marriage by a court which lacked
12personal jurisdiction over the absent spouse, the court may
13grant a maintenance award for either spouse in amounts and for
14periods of time as the court deems just, without regard to
15marital misconduct, and the maintenance may be paid from the
16income or property of the other spouse. The court shall first
17determine whether a maintenance award is appropriate, after
18consideration of all relevant factors, including:
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 as well as all
22    financial obligations imposed on the parties as a result of
23    the dissolution of marriage;



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1        (2) the needs of each party;
2        (3) the realistic present and future earning capacity
3    of each party;
4        (4) any impairment of the present and future earning
5    capacity of the party seeking maintenance due to that party
6    devoting time to domestic duties or having forgone or
7    delayed education, training, employment, or career
8    opportunities due to the marriage;
9        (5) any impairment of the realistic present or future
10    earning capacity of the party against whom maintenance is
11    sought;
12        (6) the time necessary to enable the party seeking
13    maintenance to acquire appropriate education, training,
14    and employment, and whether that party is able to support
15    himself or herself through appropriate employment or any
16    parental responsibility arrangements and its effect on the
17    party seeking employment;
18        (7) the standard of living established during the
19    marriage;
20        (8) the duration of the marriage;
21        (9) the age, health, station, occupation, amount and
22    sources of income, vocational skills, employability,
23    estate, liabilities, and the needs of each of the parties;
24        (10) all sources of public and private income
25    including, without limitation, disability and retirement
26    income;



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1        (11) the tax consequences of the property division upon
2    the respective economic circumstances of the parties;
3        (12) contributions and services by the party seeking
4    maintenance to the education, training, career or career
5    potential, or license of the other spouse;
6        (12.5) any history or pattern of family violence, as
7    defined by the Illinois Domestic Violence Act of 1986;
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 income of the parties
18    is less than $250,000 and the payor has no obligation to
19    pay child support or maintenance or both from a prior
20    relationship, maintenance payable after the date the
21    parties' marriage is dissolved shall be in accordance with
22    subparagraphs (A) and (B) of this paragraph (1), unless the
23    court makes a finding that the application of the
24    guidelines would be inappropriate.
25            (A) When there is no child support obligation
26        between the parties, the The amount of maintenance



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1        under this paragraph (1) shall be calculated by taking
2        30% of the payor's gross income minus 40% 20% of the
3        payee's gross income. The amount calculated as
4        maintenance, however, when added to the gross income of
5        the payee, may not result in the payee receiving an
6        amount that is in excess of 40% of the combined gross
7        income of the parties.
8            (A-5) When there is a child support obligation
9        between the parties, the amount of maintenance under
10        this paragraph (1) shall be calculated by taking 28% of
11        the payor's gross income minus 48% of the payee's gross
12        income. This subparagraph (A-5) does not apply if there
13        are no children born to the marriage.
14            (B) The duration of an award under this paragraph
15        (1) shall be calculated by multiplying the length of
16        the marriage at the time the action was commenced by
17        whichever of the following factors applies: 5 years or
18        less (.20); more than 5 years but less than 10 years
19        (.40); 10 years or more but less than 15 years (.60);
20        or 15 years or more but less than 20 years (.80). For a
21        marriage of 20 or more years, the court, in its
22        discretion, shall order either permanent maintenance
23        or maintenance for a period equal to the length of the
24        marriage.
25        (2) Maintenance award not in accordance with
26    guidelines. Any non-guidelines award of maintenance shall



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1    be made after the court's consideration of all relevant
2    factors set forth in subsection (a) of this Section.
3    (b-2) Findings. In each case involving the issue of
4maintenance, the court shall make specific findings of fact, as
6        (1) the court shall state its reasoning for awarding or
7    not awarding maintenance and shall include references to
8    each relevant factor set forth in subsection (a) of this
9    Section; and
10        (2) if the court deviates from otherwise applicable
11    guidelines under paragraph (1) of subsection (b-1), it
12    shall state in its findings the amount of maintenance (if
13    determinable) or duration that would have been required
14    under the guidelines and the reasoning for any variance
15    from the guidelines.
16    (b-3) Gross income. For purposes of this Section, the term
17"gross income" means all income from all sources, within the
18scope of that phase in Section 505 of this Act.
19    (b-4) Unallocated maintenance. Unless the parties
20otherwise agree, the court may not order unallocated
21maintenance and child support in any dissolution judgment or in
22any post-dissolution order. In its discretion, the court may
23order unallocated maintenance and child support in any
24pre-dissolution temporary order.
25    (b-4.5) Fixed-term maintenance in marriages of less than 10
26years. If a court grants maintenance for a fixed period under



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1subsection (a) of this Section at the conclusion of a case
2commenced before the tenth anniversary of the marriage, the
3court may also designate the termination of the period during
4which this maintenance is to be paid as a "permanent
5termination". The effect of this designation is that
6maintenance is barred after the ending date of the period
7during which maintenance is to be paid.
8    (b-5) Interest on maintenance. Any maintenance obligation
9including any unallocated maintenance and child support
10obligation, or any portion of any support obligation, that
11becomes due and remains unpaid shall accrue simple interest as
12set forth in Section 505 of this Act.
13    (b-7) Maintenance judgments. Any new or existing
14maintenance order including any unallocated maintenance and
15child support order entered by the court under this Section
16shall be deemed to be a series of judgments against the person
17obligated to pay support thereunder. Each such judgment to be
18in the amount of each payment or installment of support and
19each such judgment to be deemed entered as of the date the
20corresponding payment or installment becomes due under the
21terms of the support order, except no judgment shall arise as
22to any installment coming due after the termination of
23maintenance as provided by Section 510 of the Illinois Marriage
24and Dissolution of Marriage Act or the provisions of any order
25for maintenance. Each such judgment shall have the full force,
26effect and attributes of any other judgment of this State,



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1including the ability to be enforced. Notwithstanding any other
2State or local law to the contrary, a lien arises by operation
3of law against the real and personal property of the obligor
4for each installment of overdue support owed by the obligor.
5    (c) Maintenance during an appeal. The court may grant and
6enforce the payment of maintenance during the pendency of an
7appeal as the court shall deem reasonable and proper.
8    (d) Maintenance during imprisonment. No maintenance shall
9accrue during the period in which a party is imprisoned for
10failure to comply with the court's order for the payment of
11such maintenance.
12    (e) Fees when maintenance is paid through the clerk. When
13maintenance is to be paid through the clerk of the court in a
14county of 1,000,000 inhabitants or less, the order shall direct
15the obligor to pay to the clerk, in addition to the maintenance
16payments, all fees imposed by the county board under paragraph
17(3) of subsection (u) of Section 27.1 of the Clerks of Courts
18Act. Unless paid in cash or pursuant to an order for
19withholding, the payment of the fee shall be by a separate
20instrument from the support payment and shall be made to the
21order of the Clerk.
22    (f) Maintenance secured by life insurance. An award ordered
23by a court upon entry of a dissolution judgment or upon entry
24of an award of maintenance following a reservation of
25maintenance in a dissolution judgment may be reasonably
26secured, in whole or in part, by life insurance on the payor's



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1life on terms as to which the parties agree, or, if they do not
2agree, on such terms determined by the court, subject to the
4        (1) With respect to existing life insurance, provided
5    the court is apprised through evidence, stipulation, or
6    otherwise as to level of death benefits, premium, and other
7    relevant data and makes findings relative thereto, the
8    court may allocate death benefits, the right to assign
9    death benefits, or the obligation for future premium
10    payments between the parties as it deems just.
11        (2) To the extent the court determines that its award
12    should be secured, in whole or in part, by new life
13    insurance on the payor's life, the court may only order:
14            (i) that the payor cooperate on all appropriate
15        steps for the payee to obtain such new life insurance;
16        and
17            (ii) that the payee, at his or her sole option and
18        expense, may obtain such new life insurance on the
19        payor's life up to a maximum level of death benefit
20        coverage, or descending death benefit coverage, as is
21        set by the court, such level not to exceed a reasonable
22        amount in light of the court's award, with the payee or
23        the payee's designee being the beneficiary of such life
24        insurance.
25    In determining the maximum level of death benefit coverage,
26    the court shall take into account all relevant facts and



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1    circumstances, including the impact on access to life
2    insurance by the maintenance payor. If in resolving any
3    issues under paragraph (2) of this subsection (f) a court
4    reviews any submitted or proposed application for new
5    insurance on the life of a maintenance payor, the review
6    shall be in camera.
7        (3) A judgment shall expressly set forth that all death
8    benefits paid under life insurance on a payor's life
9    maintained or obtained pursuant to this subsection to
10    secure maintenance are designated as excludable from the
11    gross income of the maintenance payee under Section
12    71(b)(1)(B) of the Internal Revenue Code, unless an
13    agreement or stipulation of the parties otherwise
14    provides.
15(Source: P.A. 98-961, eff. 1-1-15; 99-90, eff. 1-1-16.)