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92_HB2301eng HB2301 Engrossed LRB9208060DJgc 1 AN ACT in relation to families. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Marriage and Dissolution of 5 Marriage Act is amended by changing Section 510 as follows: 6 (750 ILCS 5/510) (from Ch. 40, par. 510) 7 Sec. 510. Modification and termination of provisions for 8 maintenance, support, educational expenses, and property 9 disposition. 10 (a) Except as otherwise provided in paragraph (f) of 11 Section 502 and in subsection (d), clause (3) of Section 12 505.2, the provisions of any judgment respecting maintenance 13 or support may be modified only as to installments accruing 14 subsequent to due notice by the moving party of the filing of 15 the motion for modification and, with respect to maintenance, 16 only upon a showing of a substantial change in circumstances. 17 An order for child support may be modified as follows: 18 (1) upon a showing of a substantial change in 19 circumstances; and 20 (2) without the necessity of showing a substantial 21 change in circumstances, as follows: 22 (A) upon a showing of an inconsistency of at 23 least 20%, but no less than $10 per month, between 24 the amount of the existing order and the amount of 25 child support that results from application of the 26 guidelines specified in Section 505 of this Act 27 unless the inconsistency is due to the fact that the 28 amount of the existing order resulted from a 29 deviation from the guideline amount and there has 30 not been a change in the circumstances that resulted 31 in that deviation; or HB2301 Engrossed -2- LRB9208060DJgc 1 (B) Upon a showing of a need to provide for 2 the health care needs of the child under the order 3 through health insurance or other means. In no 4 event shall the eligibility for or receipt of 5 medical assistance be considered to meet the need to 6 provide for the child's health care needs. 7 The provisions of subparagraph (a)(2)(A) shall apply only 8 in cases in which a party is receiving child and spouse 9 support services from the Illinois Department of Public Aid 10 under Article X of the Illinois Public Aid Code, and only 11 when at least 36 months have elapsed since the order for 12 child support was entered or last modified. 13 (b) The provisions as to property disposition may not be 14 revoked or modified, unless the court finds the existence of 15 conditions that justify the reopening of a judgment under the 16 laws of this State. 17 (c) Unless otherwise agreed by the parties in a written 18 agreement set forth in the judgment or otherwise approved by 19 the court, the obligation to pay future maintenance is 20 terminated upon the death of either party, or the remarriage 21 of the party receiving maintenance, or if the party receiving 22 maintenance cohabits with another person on a resident, 23 continuing conjugal basis. 24 (d) Unless otherwise agreed in writing or expressly 25 provided in a judgment, provisions for the support of a child 26 are terminated by emancipation of the child, except as 27 otherwise provided herein, but not by the death of a parent 28 obligated to support or educate the child. An existing 29 obligation to pay for support or educational expenses, or 30 both, is not terminated by the death of a parent. When a 31 parent obligated to pay support or educational expenses, or 32 both, dies, the amount of support or educational expenses, or 33 both, may be enforced, modified, revoked or commuted to a 34 lump sum payment, as equity may require, and that HB2301 Engrossed -3- LRB9208060DJgc 1 determination may be provided for at the time of the 2 dissolution of the marriage or thereafter. 3 (e) The right to petition for support or educational 4 expenses, or both, under Sections 505 and 513 is not 5 extinguished by the death of a parent. Upon a petition filed 6 before or after a parent's death, the court may award sums of 7 money out of the decedent's estate for the child's support or 8 educational expenses, or both, as equity may require. The 9 time within which a claim may be filed against the estate of 10 a decedent under Sections 505 and 513 and subsection (d) and 11 this subsection shall be governed by the provisions of the 12 Probate Act of 1975, as a barrable, noncontingent claim. 13 (f) A petition to modify or terminate child support, 14 custody, or visitation shall not delay any child support 15 enforcement litigation or supplementary proceeding on behalf 16 of the obligee, including, but not limited to, a petition for 17 a rule to show cause, for non-wage garnishment, or for a 18 restraining order. 19 (Source: P.A. 87-714; 88-42; 88-307; 88-670, eff. 12-2-94.) 20 Section 99. Effective date. This Act takes effect upon 21 becoming law.