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| Public Act 094-0089 |
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AN ACT concerning family law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Marriage and Dissolution of | ||||
Marriage Act is amended by changing Section 504 as follows:
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(750 ILCS 5/504) (from Ch. 40, par. 504)
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Sec. 504. Maintenance.
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(a) In a proceeding for dissolution of marriage or legal | ||||
separation or
declaration of invalidity of marriage, or a | ||||
proceeding for maintenance
following dissolution of the | ||||
marriage by a court which lacked personal
jurisdiction over the | ||||
absent spouse, the court may grant a temporary or
permanent | ||||
maintenance award for either spouse in amounts and for periods | ||||
of
time as the court deems just, without regard to marital | ||||
misconduct, in
gross or for fixed or indefinite periods of | ||||
time, and the maintenance may
be paid from the income or | ||||
property of the other spouse after consideration
of all | ||||
relevant factors, including:
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(1) the income and property of each party, including | ||||
marital property
apportioned and non-marital property | ||||
assigned to the party seeking maintenance;
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(2) the needs of each party;
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(3) the present and future earning capacity of each | ||||
party;
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(4) any impairment of the present and future earning | ||||
capacity of the
party seeking maintenance due to that party | ||||
devoting time to domestic
duties or having forgone or | ||||
delayed education, training,
employment, or
career | ||||
opportunities due to the marriage;
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(5) the time necessary to enable the party seeking | ||||
maintenance to
acquire appropriate education, training, | ||||
and employment, and whether that
party is able to support | ||||
himself or herself through appropriate employment
or is the | ||
custodian of a child making it appropriate that the | ||
custodian not
seek employment;
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(6) the standard of living established during the | ||
marriage;
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(7) the duration of the marriage;
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(8) the age and the physical and emotional condition of
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both parties;
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(9) the tax consequences of the property division upon | ||
the respective
economic circumstances of the parties;
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(10) contributions and services by the party seeking | ||
maintenance to
the education, training, career or career | ||
potential, or license of the
other spouse;
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(11) any valid agreement of the parties; and
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(12) any other factor that the court expressly finds to | ||
be just and
equitable.
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(b) (Blank).
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(b-5) Any maintenance obligation including any unallocated | ||
maintenance and child support obligation, or any portion of any | ||
support obligation, that becomes due and remains unpaid shall | ||
accrue simple interest as set forth in Section 505 of this Act.
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(b-7) Any new or existing maintenance order including any | ||
unallocated maintenance and child support order entered by the | ||
court under this Section shall be deemed to be a series of | ||
judgments against the person obligated to pay support | ||
thereunder. Each such judgment to be in the amount of each | ||
payment or installment of support and each such judgment to be | ||
deemed entered as of the date the corresponding payment or | ||
installment becomes due under the terms of the support order, | ||
except no judgment shall arise as to any installment coming due | ||
after the termination of maintenance as provided by Section 510 | ||
of the Illinois Marriage and Dissolution of Marriage Act or the | ||
provisions of any order for maintenance. Each such judgment | ||
shall have the full force, effect and attributes of any other | ||
judgment of this State, including the ability to be enforced. A | ||
lien arises by operation of law against the real and personal | ||
property of the obligor for each installment of overdue support | ||
owed by the obligor. | ||
(c) The court may grant and enforce the payment of | ||
maintenance during
the pendency of an appeal as the court shall | ||
deem reasonable and proper.
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(d) No maintenance shall accrue during the period in which | ||
a party is
imprisoned for failure to comply with the court's | ||
order for the payment of
such maintenance.
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(e) When maintenance is to be paid through the clerk of the | ||
court in a
county of 1,000,000 inhabitants or less, the order | ||
shall direct the obligor
to pay to the clerk, in addition to | ||
the maintenance payments, all fees
imposed by the county board | ||
under paragraph (3) of subsection (u) of
Section 27.1 of the | ||
Clerks of Courts Act. Unless paid in cash or pursuant
to an | ||
order for withholding, the payment of the fee shall be by a | ||
separate
instrument from the support payment and shall be made | ||
to the order of
the Clerk.
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(Source: P.A. 91-357, eff. 7-29-99.)
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