CHILD SUPPORT CHANGES

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Full Text of SB3524

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SB3524 - 104th General Assembly

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SB3524 Enrolled
LRB104 20266 JRC 33717 b
1

AN ACT concerning civil law.

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 Sections 505 and 510 as
6
follows:

7

(750 ILCS 5/505)

(from Ch. 40, par. 505)
8

Sec. 505.
Child support; contempt; penalties.
9

(a) In a proceeding for dissolution of marriage, legal
10
separation, declaration of invalidity of marriage, or
11
dissolution of a civil union, a proceeding for child support
12
following a legal separation or dissolution of the marriage or
13
civil union by a court that lacked personal jurisdiction over
14
the absent spouse, a proceeding for modification of a previous
15
order for child support under Section 510 of this Act, or any
16
proceeding authorized under Section 501 or 601 of this Act,
17
the court may order either or both parents owing a duty of
18
support to a child of the marriage or civil union to pay an
19
amount reasonable and necessary for support. The duty of
20
support owed to a child includes the obligation to provide for
21
the reasonable and necessary physical, mental and emotional
22
health needs of the child. For purposes of this Section, the
23
term "child" shall include any child under age 18 and any child

SB3524 Enrolled
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LRB104 20266 JRC 33717 b
1
over the age of 18 who has not attained age 19 and is still
2
attending high school. For purposes of this Section, the term
3
"obligor" means the parent obligated to pay support to the
4
other parent.
5

(1) Child support guidelines. The Illinois Department
6

of Healthcare and Family Services shall adopt rules
7

establishing child support guidelines which include
8

worksheets to aid in the calculation of the child support
9

obligations and a schedule of basic child support
10

obligations that reflects the percentage of combined net
11

income that parents living in the same household in this
12

State ordinarily spend on their child. The child support
13

guidelines have the following purposes:
14

(A) to establish as State policy an adequate
15

standard of support for a child, subject to the
16

ability of parents to pay;
17

(B) to make child support obligations more
18

equitable by ensuring more consistent treatment of
19

parents in similar circumstances;
20

(C) to improve the efficiency of the court process
21

by promoting settlements and giving courts and the
22

parties guidance in establishing levels of child
23

support;
24

(D) to calculate child support based upon the
25

parents' combined net income estimated to have been
26

allocated for the support of the child if the parents

SB3524 Enrolled
- 3 -
LRB104 20266 JRC 33717 b
1

and child were living in an intact household;
2

(E) to adjust child support based upon the needs
3

of the child; and
4

(F) to allocate the amount of child support to be
5

paid by each parent based upon a parent's net income
6

and the child's physical care arrangements.
7

(1.5) Computation of basic child support obligation.
8

The court shall compute the basic child support obligation
9

by taking the following steps:
10

(A) determine each parent's monthly net income;
11

(B) add the parents' monthly net incomes together
12

to determine the combined monthly net income of the
13

parents;
14

(C) select the corresponding appropriate amount
15

from the schedule of basic child support obligations
16

based on the parties' combined monthly net income and
17

number of children of the parties; and
18

(D) calculate each parent's percentage share of
19

the basic child support obligation.
20

Although a monetary obligation is computed for each
21

parent as child support, the receiving parent's share is
22

not payable to the other parent and is presumed to be spent
23

directly on the child.
24

(2) Duty of support. The court shall determine child
25

support in each case by applying the child support
26

guidelines unless the court makes a finding that

SB3524 Enrolled
- 4 -
LRB104 20266 JRC 33717 b
1

application of the guidelines would be inappropriate,
2

after considering the best interests of the child and
3

evidence which shows relevant factors including, but not
4

limited to, one or more of the following:
5

(A) the financial resources and needs of the
6

child;
7

(B) the financial resources and needs of the
8

parents;
9

(C) the standard of living the child would have
10

enjoyed had the marriage or civil union not been
11

dissolved; and
12

(D) the physical and emotional condition of the
13

child and his or her educational needs.
14

(3) Income.
15

(A) As used in this Section, "gross income" means
16

the total of all income from all sources, except
17

"gross income" does not include (i) benefits received
18

by the parent from means-tested public assistance
19

programs, including, but not limited to, Temporary
20

Assistance for Needy Families, Supplemental Security
21

Income, and the Supplemental Nutrition Assistance
22

Program or (ii) benefits and income received by the
23

parent for other children in the household, including,
24

but not limited to, child support, survivor benefits,
25

and foster care payments. Social security disability
26

and retirement benefits paid for the benefit of the

SB3524 Enrolled
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LRB104 20266 JRC 33717 b
1

subject child must be included in the disabled or
2

retired parent's gross income for purposes of
3

calculating the parent's child support obligation, but
4

the parent is entitled to a child support credit for
5

the amount of benefits paid to the other party for the
6

child. "Gross income" includes maintenance treated as
7

taxable income for federal income tax purposes to the
8

payee and received pursuant to a court order in the
9

pending proceedings or any other proceedings and shall
10

be included in the payee's gross income for purposes
11

of calculating the parent's child support obligation.
12

(B) As used in this Section, "net income" means
13

gross income minus either the standardized tax amount
14

calculated pursuant to subparagraph (C) of this
15

paragraph (3) or the individualized tax amount
16

calculated pursuant to subparagraph (D) of this
17

paragraph (3), and minus any adjustments pursuant to
18

subparagraph (F) of this paragraph (3). The
19

standardized tax amount shall be used unless the
20

requirements for an individualized tax amount set
21

forth in subparagraph (E) of this paragraph (3) are
22

met. "Net income" includes maintenance not includable
23

in the gross taxable income of the payee for federal
24

income tax purposes under a court order in the pending
25

proceedings or any other proceedings and shall be
26

included in the payee's net income for purposes of

SB3524 Enrolled
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LRB104 20266 JRC 33717 b
1

calculating the parent's child support obligation.
2

(C) As used in this Section, "standardized tax
3

amount" means the total of federal and state income
4

taxes for a single person claiming the standard tax
5

deduction, one personal exemption, and the applicable
6

number of dependency exemptions for the minor child or
7

children of the parties, and Social Security and
8

Medicare tax calculated at the Federal Insurance
9

Contributions Act rate.
10

(I) Unless a court has determined otherwise or
11

the parties otherwise agree, the party with the
12

majority of parenting time shall be deemed
13

entitled to claim the dependency exemption for the
14

parties' minor child.
15

(II) The Illinois Department of Healthcare and
16

Family Services shall promulgate a standardized
17

net income conversion table that computes net
18

income by deducting the standardized tax amount
19

from gross income.
20

(D) As used in this Section, "individualized tax
21

amount" means the aggregate of the following taxes:
22

(I) federal income tax (properly calculated
23

withholding or estimated payments);
24

(II) State income tax (properly calculated
25

withholding or estimated payments); and
26

(III) Social Security or self-employment tax,

SB3524 Enrolled
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LRB104 20266 JRC 33717 b
1

if applicable (or, if none, mandatory retirement
2

contributions required by law or as a condition of
3

employment) and Medicare tax calculated at the
4

Federal Insurance Contributions Act rate.
5

(E) In lieu of a standardized tax amount, a
6

determination of an individualized tax amount may be
7

made under items (I), (II), or (III) below. If an
8

individualized tax amount determination is made under
9

this subparagraph (E), all relevant tax attributes
10

(including filing status, allocation of dependency
11

exemptions, and whether a party is to claim the use of
12

the standard deduction or itemized deductions for
13

federal income tax purposes) shall be as the parties
14

agree or as the court determines. To determine a
15

party's reported income, the court may order the party
16

to complete an Internal Revenue Service Form 4506-T,
17

Request for Tax Transcript.
18

(I) Agreement. Irrespective of whether the
19

parties agree on any other issue before the court,
20

if they jointly stipulate for the record their
21

concurrence on a computation method for the
22

individualized tax amount that is different from
23

the method set forth under subparagraph (D), the
24

stipulated method shall be used by the court
25

unless the court rejects the proposed stipulated
26

method for good cause.

SB3524 Enrolled
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LRB104 20266 JRC 33717 b
1

(II) Summary hearing. If the court determines
2

child support in a summary hearing under Section
3

501 and an eligible party opts in to the
4

individualized tax amount method under this item
5

(II), the individualized tax amount shall be
6

determined by the court on the basis of
7

information contained in one or both parties'
8

Supreme Court approved Financial Affidavit (Family &
9

Divorce Cases) and relevant supporting documents
10

under applicable court rules. No party, however,
11

is eligible to opt in unless the party, under
12

applicable court rules, has served the other party
13

with the required Supreme Court approved Financial
14

Affidavit (Family & Divorce Cases) and has
15

substantially produced supporting documents
16

required by the applicable court rules.
17

(III) Evidentiary hearing. If the court
18

determines child support in an evidentiary
19

hearing, whether for purposes of a temporary order
20

or at the conclusion of a proceeding, item (II) of
21

this subparagraph (E) does not apply. In each such
22

case (unless item (I) governs), the individualized
23

tax amount shall be as determined by the court on
24

the basis of the record established.
25

(F) Adjustments to income.
26

(I) Multi-family adjustment. If a parent is

SB3524 Enrolled
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LRB104 20266 JRC 33717 b
1

also legally responsible for support of a child
2

not shared with the other parent and not subject
3

to the present proceeding, there shall be an
4

adjustment to net income as follows:
5

(i) Multi-family adjustment with court
6

order. The court shall deduct from the
7

parent's net income the amount of child
8

support actually paid by the parent pursuant
9

to a support order unless the court makes a
10

finding that it would cause economic hardship
11

to the child.
12

(ii) Multi-family adjustment without court
13

order. Upon the request or application of a
14

parent actually supporting a presumed,
15

acknowledged, or adjudicated child living in
16

or outside of that parent's household, there
17

shall be an adjustment to child support. The
18

court shall deduct from the parent's net
19

income the amount of financial support
20

actually paid by the parent for the child or
21

75% of the support the parent should pay under
22

the child support guidelines (before this
23

adjustment), whichever is less, unless the
24

court makes a finding that it would cause
25

economic hardship to the child. The adjustment
26

shall be calculated using that parent's income

SB3524 Enrolled
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LRB104 20266 JRC 33717 b
1

alone.
2

(II) Spousal Maintenance adjustment.
3

Obligations pursuant to a court order for spousal
4

maintenance in the pending proceeding actually
5

paid or payable to the same party to whom child
6

support is to be payable or actually paid to a
7

former spouse pursuant to a court order shall be
8

deducted from the parent's after-tax income,
9

unless the maintenance obligation is tax
10

deductible to the payor for federal income tax
11

purposes, in which case it shall be deducted from
12

the payor's gross income for purposes of
13

calculating the parent's child support obligation.
14

(3.1) Business income. For purposes of calculating
15

child support, net business income from the operation of a
16

business means gross receipts minus ordinary and necessary
17

expenses required to carry on the trade or business. As
18

used in this paragraph, "business" includes, but is not
19

limited to, sole proprietorships, closely held
20

corporations, partnerships, other flow-through business
21

entities, and self-employment. The court shall apply the
22

following:
23

(A) The accelerated component of depreciation and
24

any business expenses determined either judicially or
25

administratively to be inappropriate or excessive
26

shall be excluded from the total of ordinary and

SB3524 Enrolled
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LRB104 20266 JRC 33717 b
1

necessary business expenses to be deducted in the
2

determination of net business income from gross
3

business income.
4

(B) Any item of reimbursement or in-kind payment
5

received by a parent from a business, including, but
6

not limited to, a company car, reimbursed meals, free
7

housing, or a housing allowance, shall be counted as
8

income if not otherwise included in the recipient's
9

gross income, if the item is significant in amount and
10

reduces personal expenses.
11

(3.2a) Unemployment or underemployment. If a parent is
12

voluntarily unemployed or underemployed, child support
13

shall be calculated based on a determination of potential
14

income. In determining potential income, the court shall
15

consider the specific circumstances of a party, to the
16

extent known, including, but not limited to, the parent's:
17

(1) assets;
18

(2) ownership of a substantial non-income
19

producing asset;
20

(3) residence;
21

(4) employment and earning history;
22

(5) job skills;
23

(6) educational attainment;
24

(7) literacy;
25

(8) age;
26

(9) health;

SB3524 Enrolled
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LRB104 20266 JRC 33717 b
1

(10) criminal records and other employment
2

barriers; and
3

(11) record of seeking work.
4

The court shall also consider the local job market,
5

availability of local employers willing to hire the
6

parent, prevailing earning levels in the local community,
7

and other relevant background factors in the case. If
8

there is insufficient work history to determine employment
9

potential and probable earnings level, there shall be a
10

rebuttable presumption that the parent's potential income
11

is 75% of the most recent United States Department of
12

Health and Human Services Federal Poverty Guidelines for a
13

family of one person. Incarceration shall not be
14

considered voluntary unemployment for child support
15

purposes in establishing or modifying child support.
16

(3.2b) The court may impute income to a party only
17

upon conducting an evidentiary hearing or by agreement of
18

the parties. Imputation of income shall be accompanied by
19

specific written findings identifying the basis or bases
20

for imputation using these factors.
21

(3.3) Rebuttable presumption in favor of guidelines.
22

There is a rebuttable presumption in any judicial or
23

administrative proceeding for child support that the
24

amount of the child support obligation that would result
25

from the application of the child support guidelines is
26

the correct amount of child support.

SB3524 Enrolled
- 13 -
LRB104 20266 JRC 33717 b
1

(3.3a) Minimum child support obligation. There is a
2

rebuttable presumption that a minimum child support
3

obligation of $40 per month, per child, will be entered
4

for an obligor who has actual or imputed gross income at or
5

less than
100%

75%
of the most recent United States
6

Department of Health and Human Services Federal Poverty
7

Guidelines for a family of one person, with a maximum
8

total child support obligation for that obligor of $120
9

per month to be divided equally among all of the obligor's
10

children.
11

(3.3b) Zero dollar child support order. For parents
12

with no gross income, who receive only means-tested
13

assistance, or who cannot work due to a medically proven
14

disability, incarceration, or institutionalization, there
15

is a rebuttable presumption that the $40 per month minimum
16

support order is inapplicable and a zero dollar order
17

shall be entered.
18

(3.4) Deviation factors. In any action to establish or
19

modify child support, whether pursuant to a temporary or
20

final administrative or court order, the child support
21

guidelines shall be used as a rebuttable presumption for
22

the establishment or modification of the amount of child
23

support. The court may deviate from the child support
24

guidelines if the application would be inequitable,
25

unjust, or inappropriate. Any deviation from the
26

guidelines shall be accompanied by written findings by the

SB3524 Enrolled
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LRB104 20266 JRC 33717 b
1

court specifying the reasons for the deviation and the
2

presumed amount under the child support guidelines without
3

a deviation. These reasons may include:
4

(A) extraordinary medical expenditures necessary
5

to preserve the life or health of a party or a child of
6

either or both of the parties;
7

(B) additional expenses incurred for a child
8

subject to the child support order who has special
9

medical, physical, or developmental needs; and
10

(C) any other factor the court determines should
11

be applied upon a finding that the application of the
12

child support guidelines would be inappropriate, after
13

considering the best interest of the child.
14

(3.5) Income in excess of the schedule of basic child
15

support obligation. A court may use its discretion to
16

determine child support if the combined adjusted net
17

income of the parties exceeds the highest level of the
18

schedule of basic child support obligation, except that
19

the basic child support obligation shall not be less than
20

the highest level of combined net income set forth in the
21

schedule of basic child support obligation.
22

(3.6) Extracurricular activities and school expenses.
23

The court, in its discretion, in addition to the basic
24

child support obligation, may order either or both parents
25

owing a duty of support to the child to contribute to the
26

reasonable school and extracurricular activity expenses

SB3524 Enrolled
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LRB104 20266 JRC 33717 b
1

incurred which are intended to enhance the educational,
2

athletic, social, or cultural development of the child.
3

(3.7) Child care expenses. The court, in its
4

discretion, in addition to the basic child support
5

obligation, may order either or both parents owing a duty
6

of support to the child to contribute to the reasonable
7

child care expenses of the child. The child care expenses
8

shall be made payable directly to a party or directly to
9

the child care provider at the time of child care
10

services.
11

(A) "Child care expenses" means actual expenses
12

reasonably necessary to enable a parent or non-parent
13

custodian to be employed, to attend educational or
14

vocational training programs to improve employment
15

opportunities, or to search for employment. "Child
16

care expenses" also includes deposits for securing
17

placement in a child care program, the cost of before
18

and after school care, and camps when school is not in
19

session. A child's special needs shall be a
20

consideration in determining reasonable child care
21

expenses.
22

(B) Child care expenses shall be prorated in
23

proportion to each parent's percentage share of
24

combined net income, and may be added to the basic
25

child support obligation if not paid directly by each
26

parent to the provider of child care services. The

SB3524 Enrolled
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LRB104 20266 JRC 33717 b
1

obligor's and obligee's portion of actual child care
2

expenses shall appear in the support order. If
3

allowed, the value of the federal income tax credit
4

for child care shall be subtracted from the actual
5

cost to determine the net child care costs.
6

(C) The amount of child care expenses shall be
7

adequate to obtain reasonable and necessary child
8

care. The actual child care expenses shall be used to
9

calculate the child care expenses, if available. When
10

actual child care expenses vary, the actual child care
11

expenses may be averaged over the most recent 12-month
12

period. When a parent is temporarily unemployed or
13

temporarily not attending educational or vocational
14

training programs, future child care expenses shall be
15

based upon prospective expenses to be incurred upon
16

return to employment or educational or vocational
17

training programs.
18

(D) An order for child care expenses may be
19

modified upon a showing of a substantial change in
20

circumstances. The party incurring child care expenses
21

shall notify the other party within 14 days of any
22

change in the amount of child care expenses that would
23

affect the annualized child care amount as determined
24

in the support order.
25

(3.8) Shared physical care.
If parents have shared
26

physical care of a child, the court shall calculate the

SB3524 Enrolled
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LRB104 20266 JRC 33717 b
1

shared care child support obligation.
2

(1) Shared Physical Care. Shared physical care
3

means each parent exercises 110 or more overnights per
4

year with the child, or 110 or more overnight
5

equivalents as determined by a court as a deviation
6

from guidelines or upon agreement by the parties.
7

Overnight equivalents are calculated by using a method
8

other than overnights if the parent has significant
9

parenting time periods on separate days in which the
10

child is in the parent's physical care and under the
11

direct care of that parent but does not stay
12

overnight.
13

(2) Shared Care Child Support Obligation. If
14

parents have shared physical care of a child, the
15

basic child support obligation shall be multiplied by
16

1.5 to calculate the combined shared care child
17

support obligation. The court shall determine each
18

parent's portion of the shared care child support
19

obligation based on the parent's percentage share of
20

combined adjusted net income. The shared care child
21

support obligation is then computed for each parent by
22

multiplying that parent's portion of the shared care
23

support obligation by the percentage of time the child
24

spends with the other parent and determining any
25

adjustment for shared physical custody that is less
26

than 146 overnights or overnight equivalents. The

SB3524 Enrolled
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LRB104 20266 JRC 33717 b
1

respective shared care child support obligations are
2

then offset, with the parent owing more paying the
3

difference in child support.
4

(3) Adjustment. When a parent has shared physical
5

care for less than 146 overnights or overnight
6

equivalents per year, the shared care child support
7

obligation for that parent shall be increased by the
8

percentage in the Adjustment Table below.
9
Number of Overnights
Percentage
10
110-114
10%
11
115-119
9%
12
120-124
8%
13
125-129
7%
14
130-134
6%
15
135-139
4%
16
140-145
2%
17

The shared care child support obligation after
18

adjustment may not be greater than the amount that
19

would have been ordered under the basic support
20

guidelines in any event.
21

(4) The Department of Healthcare and Family
22

Services. The worksheets to calculate the shared care
23

child support obligation, including the adjustment,
24

shall be promulgated by the Department of Healthcare
25

and Family Services.

If each parent exercises 146 or
26

more overnights per year with the child, the basic

SB3524 Enrolled
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LRB104 20266 JRC 33717 b
1

child support obligation is multiplied by 1.5 to
2

calculate the shared care child support obligation.
3

The court shall determine each parent's share of the
4

shared care child support obligation based on the
5

parent's percentage share of combined net income. The
6

child support obligation is then computed for each
7

parent by multiplying that parent's portion of the
8

shared care support obligation by the percentage of
9

time the child spends with the other parent. The
10

respective child support obligations are then offset,
11

with the parent owing more child support paying the
12

difference between the child support amounts. The
13

Illinois Department of Healthcare and Family Services
14

shall promulgate a worksheet to calculate child
15

support in cases in which the parents have shared
16

physical care and use the standardized tax amount to
17

determine net income.
18

(3.9) Split physical care. When there is more than one
19

child and each parent has physical care of at least one but
20

not all of the children, the support is calculated by
21

using 2 child support worksheets to determine the support
22

each parent owes the other. The support shall be
23

calculated as follows:
24

(A) compute the support the first parent would owe
25

to other parent as if the child in his or her care was
26

the only child of the parties; then

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1

(B) compute the support the other parent would owe
2

to the first parent as if the child in his or her care
3

were the only child of the parties; then
4

(C) subtract the lesser support obligation from
5

the greater.
6

The parent who owes the greater obligation shall be
7

ordered to pay the difference in support to the other
8

parent, unless the court determines, pursuant to other
9

provisions of this Section, that it should deviate from
10

the guidelines.
11

(4) Health care to be addressed by the court.
12

(A) A portion of the basic child support
13

obligation is intended to cover basic ordinary
14

out-of-pocket medical expenses. The court, in its
15

discretion, in addition to the basic child support
16

obligation, shall also provide for the child's current
17

and future medical needs by ordering either or both
18

parents to initiate health insurance coverage for the
19

child through currently effective health insurance
20

policies held by the parent or parents, purchase one
21

or more or all health, dental, or vision insurance
22

policies for the child, or provide for the child's
23

current and future medical needs through some other
24

manner.
25

(B) The court, in its discretion, may order either
26

or both parents to contribute to the reasonable health

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1

care needs of the child not covered by insurance,
2

including, but not limited to, unreimbursed medical,
3

dental, orthodontic, or vision expenses and any
4

prescription medication for the child not covered
5

under the child's health insurance.
6

(C) If neither parent has access to appropriate
7

private health insurance coverage, the court may
8

order:
9

(I) one or both parents to provide health
10

insurance coverage at any time it becomes
11

available at a reasonable cost; or
12

(II) the parent or non-parent custodian with
13

primary physical responsibility for the child to
14

apply for public health insurance coverage for the
15

child and require either or both parents to pay a
16

reasonable amount of the cost of health insurance
17

for the child.
18

The order may also provide that any time private
19

health insurance coverage is available at a reasonable
20

cost to that party it will be provided instead of cash
21

medical support. As used in this Section, "cash
22

medical support" means an amount ordered to be paid
23

toward the cost of health insurance provided by a
24

public entity or by another person through employment
25

or otherwise or for other medical costs not covered by
26

insurance.

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1

(D) The amount to be added to the basic child
2

support obligation shall be the actual amount of the
3

total health insurance premium that is attributable to
4

the child who is the subject of the order. If this
5

amount is not available or cannot be verified, the
6

total cost of the health insurance premium shall be
7

divided by the total number of persons covered by the
8

policy. The cost per person derived from this
9

calculation shall be multiplied by the number of
10

children who are the subject of the order and who are
11

covered under the health insurance policy. This amount
12

shall be added to the basic child support obligation
13

and shall be allocated between the parents in
14

proportion to their respective net incomes.
15

(E) After the health insurance premium for the
16

child is added to the basic child support obligation
17

and allocated between the parents in proportion to
18

their respective incomes for child support purposes,
19

if the obligor is paying the premium, the amount
20

calculated for the obligee's share of the health
21

insurance premium for the child shall be deducted from
22

the obligor's share of the total child support
23

obligation. If the obligee is paying for private
24

health insurance for the child, the child support
25

obligation shall be increased by the obligor's share
26

of the premium payment. The obligor's and obligee's

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1

portion of health insurance costs shall appear in the
2

support order.
3

(F) Prior to allowing the health insurance
4

adjustment, the parent requesting the adjustment must
5

submit proof that the child has been enrolled in a
6

health insurance plan and must submit proof of the
7

cost of the premium. The court shall require the
8

parent receiving the adjustment to annually submit
9

proof of continued coverage of the child to the other
10

parent, or as designated by the court.
11

(G) A reasonable cost for providing health
12

insurance coverage for the child may not exceed 5% of
13

the providing parent's gross income. Parents with a
14

net income below 133% of the most recent United States
15

Department of Health and Human Services Federal
16

Poverty Guidelines or whose child is covered by
17

Medicaid based on that parent's income may not be
18

ordered to contribute toward or provide private
19

coverage, unless private coverage is obtainable
20

without any financial contribution by that parent.
21

(H) If dental or vision insurance is included as
22

part of the employer's medical plan, the coverage
23

shall be maintained for the child. If not included in
24

the employer's medical plan, adding the dental or
25

vision insurance for the child is at the discretion of
26

the court.

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(I) If a parent has been directed to provide
2

health insurance pursuant to this paragraph and that
3

parent's spouse or legally recognized partner provides
4

the insurance for the benefit of the child either
5

directly or through employment, a credit on the child
6

support worksheet shall be given to that parent in the
7

same manner as if the premium were paid by that parent.
8

(4.5) In a proceeding for child support following
9

dissolution of the marriage or civil union by a court that
10

lacked personal jurisdiction over the absent spouse, and
11

in which the court is requiring payment of support for the
12

period before the date an order for current support is
13

entered, there is a rebuttable presumption that the
14

obligor's net income for the prior period was the same as
15

his or her net income at the time the order for current
16

support is entered.
17

(5) If the net income cannot be determined because of
18

default or any other reason, the court shall order support
19

in an amount considered reasonable in the particular case.
20

The final order in all cases shall state the support level
21

in dollar amounts. However, if the court finds that the
22

child support amount cannot be expressed exclusively as a
23

dollar amount because all or a portion of the obligor's
24

net income is uncertain as to source, time of payment, or
25

amount, the court may order a percentage amount of support
26

in addition to a specific dollar amount and enter such

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1

other orders as may be necessary to determine and enforce,
2

on a timely basis, the applicable support ordered.
3

(6) If (i) the obligor was properly served with a
4

request for discovery of financial information relating to
5

the obligor's ability to provide child support, (ii) the
6

obligor failed to comply with the request, despite having
7

been ordered to do so by the court, and (iii) the obligor
8

is not present at the hearing to determine support despite
9

having received proper notice, then any relevant financial
10

information concerning the obligor's ability to provide
11

child support that was obtained pursuant to subpoena and
12

proper notice shall be admitted into evidence without the
13

need to establish any further foundation for its
14

admission.
15

(a-3) Life insurance to secure support. At the discretion
16
of the court, a child support obligation pursuant to this
17
Section and Sections 510, 513, and 513.5 of this Act may be
18
secured, in whole or in part, by reasonably affordable life
19
insurance on the life of one or both parents on such terms as
20
the parties agree or as the court orders. The court may require
21
such insurance remain in full force and effect until the
22
termination of all obligations of support, subject to the
23
following:
24

(1) Existing life insurance. The court shall be
25

apprised through evidence, stipulation, or otherwise as to
26

the level, ownership, and type of existing life insurance

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1

death benefit coverage available to one or both parents,
2

the cost of the premiums, cost ratings, and escalations
3

and assignment of the policy, if applicable, and all other
4

relevant circumstances. The court shall make findings
5

relative thereto.
6

(2) New life insurance. The court shall be apprised
7

through evidence, stipulation, or otherwise as to the
8

availability of obtaining reasonably affordable new life
9

insurance. To the extent the court determines that the
10

support obligations should be secured, in whole or in
11

part, by new life insurance on the life of one or both
12

parents, the court may order that one or both parents
13

comply with all requirements to obtain such new life
14

insurance through employment, trade union, fraternal
15

organizations, associations, or individual means.
16

In determining the level and type of death benefits
17

coverage to be obtained by a parent, the court shall
18

consider access and availability of life insurance to that
19

parent, the cost of the premium, cost ratings, and
20

escalations, if applicable, and all other relevant
21

circumstances.
22

(3) Other security. If life insurance is unavailable
23

to a parent, the court, in its discretion, or as agreed to
24

by the parties, may order other equitable and reasonable
25

means to secure a child support obligation.
26

(a-5) In an action to enforce an order for child support

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1
based on the obligor's failure to make support payments as
2
required by the order, notice of proceedings to hold the
3
obligor in contempt for that failure may be served on the
4
obligor by personal service or by regular mail addressed to
5
the last known address of the obligor. The last known address
6
of the obligor may be determined from records of the clerk of
7
the court, from the Federal Case Registry of Child Support
8
Orders, or by any other reasonable means.
9

(b) Failure of either parent to comply with an order to pay
10
support shall be punishable as in other cases of contempt. In
11
addition to other penalties provided by law the court may,
12
after finding the parent guilty of contempt, order that the
13
parent be:
14

(1) placed on probation with such conditions of
15

probation as the court deems advisable;
16

(2) sentenced to periodic imprisonment for a period
17

not to exceed 6 months; provided, however, that the court
18

may permit the parent to be released for periods of time
19

during the day or night to:
20

(A) work; or
21

(B) conduct a business or other self-employed
22

occupation.
23

The court may further order any part or all of the earnings
24
of a parent during a sentence of periodic imprisonment paid to
25
the Clerk of the Circuit Court or to the parent having physical
26
possession of the child or to the non-parent custodian having

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1
custody of the child of the sentenced parent for the support of
2
the child until further order of the court.
3

If a parent who is found guilty of contempt for failure to
4
comply with an order to pay support is a person who conducts a
5
business or who is self-employed, the court in addition to
6
other penalties provided by law may order that the parent do
7
one or more of the following: (i) provide to the court monthly
8
financial statements showing income and expenses from the
9
business or the self-employment; (ii) seek employment and
10
report periodically to the court with a diary, listing, or
11
other memorandum of his or her employment search efforts; or
12
(iii) report to the Department of Employment Security for job
13
search services to find employment that will be subject to
14
withholding for child support.
15

If there is a unity of interest and ownership sufficient
16
to render no financial separation between an obligor and
17
another person or persons or business entity, the court may
18
pierce the ownership veil of the person, persons, or business
19
entity to discover assets of the obligor held in the name of
20
that person, those persons, or that business entity. The
21
following circumstances are sufficient to authorize a court to
22
order discovery of the assets of a person, persons, or
23
business entity and to compel the application of any
24
discovered assets toward payment on the judgment for support:
25

(1) the obligor and the person, persons, or business
26

entity maintain records together.

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1

(2) the obligor and the person, persons, or business
2

entity fail to maintain an arm's length relationship
3

between themselves with regard to any assets.
4

(3) the obligor transfers assets to the person,
5

persons, or business entity with the intent to perpetrate
6

a fraud on the obligee.
7

With respect to assets which are real property, no order
8
entered under this paragraph shall affect the rights of bona
9
fide purchasers, mortgagees, judgment creditors, or other lien
10
holders who acquire their interests in the property prior to
11
the time a notice of lis pendens pursuant to the Code of Civil
12
Procedure or a copy of the order is placed of record in the
13
office of the recorder of deeds for the county in which the
14
real property is located.
15

The court may also order in cases where the parent is 90
16
days or more delinquent in payment of support or has been
17
adjudicated in arrears in an amount equal to 90 days
18
obligation or more, that the parent's Illinois driving
19
privileges be suspended until the court determines that the
20
parent is in compliance with the order of support. The court
21
may also order that the parent be issued a family financial
22
responsibility driving permit that would allow limited driving
23
privileges for employment and medical purposes in accordance
24
with Section 7-702.1 of the Illinois Vehicle Code. The Clerk
25
of the Circuit Court shall certify the order suspending the
26
driving privileges of the parent or granting the issuance of a

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1
family financial responsibility driving permit to the
2
Secretary of State on forms prescribed by the Secretary of
3
State. Upon receipt of the authenticated documents, the
4
Secretary of State shall suspend the parent's driving
5
privileges until further order of the court and shall, if
6
ordered by the court, subject to the provisions of Section
7
7-702.1 of the Illinois Vehicle Code, issue a family financial
8
responsibility driving permit to the parent.
9

In addition to the penalties or punishment that may be
10
imposed under this Section, any person whose conduct
11
constitutes a violation of Section 15 of the Non-Support
12
Punishment Act may be prosecuted under that Act, and a person
13
convicted under that Act may be sentenced in accordance with
14
that Act. The sentence may include but need not be limited to a
15
requirement that the person perform community service under
16
Section 50 of that Act or participate in a work alternative
17
program under Section 50 of that Act. A person may not be
18
required to participate in a work alternative program under
19
Section 50 of that Act if the person is currently
20
participating in a work program pursuant to Section 505.1 of
21
this Act.
22

A support obligation, or any portion of a support
23
obligation, which becomes due and remains unpaid as of the end
24
of each month, excluding the child support that was due for
25
that month to the extent that it was not paid in that month,
26
shall accrue simple interest as set forth in Section 12-109 of

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1
the Code of Civil Procedure. An order for support entered or
2
modified on or after January 1, 2006 shall contain a statement
3
that a support obligation required under the order, or any
4
portion of a support obligation required under the order, that
5
becomes due and remains unpaid as of the end of each month,
6
excluding the child support that was due for that month to the
7
extent that it was not paid in that month, shall accrue simple
8
interest as set forth in Section 12-109 of the Code of Civil
9
Procedure. Failure to include the statement in the order for
10
support does not affect the validity of the order or the
11
accrual of interest as provided in this Section.
12

(c) A one-time charge of 20% is imposable upon the amount
13
of past-due child support owed on July 1, 1988 which has
14
accrued under a support order entered by the court. The charge
15
shall be imposed in accordance with the provisions of Section
16
10-21 of the Illinois Public Aid Code and shall be enforced by
17
the court upon petition.
18

(d) Any new or existing support order entered by the court
19
under this Section shall be deemed to be a series of judgments
20
against the person obligated to pay support thereunder, each
21
such judgment to be in the amount of each payment or
22
installment of support and each such judgment to be deemed
23
entered as of the date the corresponding payment or
24
installment becomes due under the terms of the support order.
25
Each such judgment shall have the full force, effect and
26
attributes of any other judgment of this State, including the

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1
ability to be enforced. Notwithstanding any other State or
2
local law to the contrary, a lien arises by operation of law
3
against the real and personal property of the obligor for each
4
installment of overdue support owed by the obligor.
5

(e) When child support is to be paid through the Clerk of
6
the Court in a county of 500,000 inhabitants or less, the order
7
shall direct the obligor to pay to the Clerk, in addition to
8
the child support payments, all fees imposed by the county
9
board under paragraph (2) of subsection (j-5) of Section 27.1b
10
of the Clerks of Courts Act. When child support is to be paid
11
through the clerk of the court in a county of more than 500,000
12
but less than 3,000,000 inhabitants, the order shall direct
13
the obligor to pay to the clerk, in addition to the child
14
support payments, all fees imposed by the county board under
15
paragraph (4) of subsection (bb) of Section 27.2 of the Clerks
16
of Courts Act. Unless paid pursuant to an Income Withholding
17
Order/Notice for Support, the payment of the fee shall be by
18
payment acceptable to the clerk and shall be made to the order
19
of the Clerk.
20

(f) All orders for support, when entered or modified,
21
shall include a provision requiring the obligor to notify the
22
court and, in cases in which a party is receiving child and
23
spouse services under Article X of the Illinois Public Aid
24
Code, the Department of Healthcare and Family Services, within
25
7 days, (i) of the name and address of any new employer of the
26
obligor, (ii) whether the obligor has access to health

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1
insurance coverage through the employer or other group
2
coverage and, if so, the policy name and number and the names
3
of persons covered under the policy, except only the initials
4
of any covered minors shall be included, and (iii) of any new
5
residential or mailing address or telephone number of the
6
obligor. In any subsequent action to enforce a support order,
7
upon a sufficient showing that a diligent effort has been made
8
to ascertain the location of the obligor, service of process
9
or provision of notice necessary in the case may be made at the
10
last known address of the obligor in any manner expressly
11
provided by the Code of Civil Procedure or this Act, which
12
service shall be sufficient for purposes of due process.
13

(g) An order for support shall include a date on which the
14
current support obligation terminates. The termination date
15
shall be no earlier than the date on which the child covered by
16
the order will attain the age of 18. However, if the child will
17
not graduate from high school until after attaining the age of
18
18, then the termination date shall be no earlier than the
19
earlier of the date on which the child's high school
20
graduation will occur or the date on which the child will
21
attain the age of 19. The order for support shall state that
22
the termination date does not apply to any arrearage that may
23
remain unpaid on that date. Nothing in this subsection shall
24
be construed to prevent the court from modifying the order or
25
terminating the order in the event the child is otherwise
26
emancipated.

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1

(g-5) If there is an unpaid arrearage or delinquency (as
2
those terms are defined in the Income Withholding for Support
3
Act) equal to at least one month's support obligation on the
4
termination date stated in the order for support or, if there
5
is no termination date stated in the order, on the date the
6
child attains the age of majority or is otherwise emancipated,
7
the periodic amount required to be paid for current support of
8
that child immediately prior to that date shall automatically
9
continue to be an obligation, not as current support but as
10
periodic payment toward satisfaction of the unpaid arrearage
11
or delinquency. That periodic payment shall be in addition to
12
any periodic payment previously required for satisfaction of
13
the arrearage or delinquency. The total periodic amount to be
14
paid toward satisfaction of the arrearage or delinquency may
15
be enforced and collected by any method provided by law for
16
enforcement and collection of child support, including but not
17
limited to income withholding under the Income Withholding for
18
Support Act. Each order for support entered or modified on or
19
after January 1, 2005 (the effective date of Public Act
20
93-1061) must contain a statement notifying the parties of the
21
requirements of this subsection. Failure to include the
22
statement in the order for support does not affect the
23
validity of the order or the operation of the provisions of
24
this subsection with regard to the order. This subsection
25
shall not be construed to prevent or affect the establishment
26
or modification of an order for support of a minor child or the

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1
establishment or modification of an order for support of a
2
non-minor child or educational expenses under Section 513 of
3
this Act.
4

(h) An order entered under this Section shall include a
5
provision requiring
both parents to exchange information
6
annually, and
either parent to report to the other parent and
7
to the Clerk of Court within 10 days each time either parent
8
obtains new employment, and each time either parent's
9
employment is terminated for any reason. The
information
10
exchanged or reported

report
shall be in writing and shall
11
verify the parent's net income as defined in this Section. In

,
12
in
the case of new employment,
the information shall
include
13
the name and address of the new employer. Failure to report new
14
employment or the termination of current employment, if
15
coupled with nonpayment of support for a period in excess of 60
16
days, is indirect criminal contempt. For either parent
17
arrested for failure to report new employment bond shall be
18
set in the amount of the child support that should have been
19
paid during the period of unreported employment. An order
20
entered under this Section shall also include a provision
21
requiring either obligor and obligee to advise the other of a
22
change in residence within 5 days of the change except when the
23
court finds that the physical, mental, or emotional health of
24
a party or that of a child, or both, would be seriously
25
endangered by disclosure of the party's address.
26

(i) The court does not lose the powers of contempt,

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1
driver's license suspension, or other child support
2
enforcement mechanisms, including, but not limited to,
3
criminal prosecution as set forth in this Act, upon the
4
emancipation of the minor child.
5
(Source: P.A. 103-967, eff. 1-1-25; 104-340, eff. 8-15-25.)

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 (b), 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. An order for child support may be
16
modified as follows:
17

(1) upon a showing of a substantial change in
18

circumstances. Contemplation or foreseeability of future
19

events shall not be considered as a factor or used as a
20

defense in determining whether a substantial change in
21

circumstances is shown, unless the future event is
22

expressly specified in the court's order or the agreement
23

of the parties incorporated into a court order. The
24

parties may expressly specify in the agreement
25

incorporated into a court order or the court may expressly

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1

specify in the order that the occurrence of a specific
2

future event is contemplated and will not constitute a
3

substantial change in circumstances to warrant
4

modification of the order; and
5

(2) without the necessity of showing a substantial
6

change in circumstances, as follows:
7

(A) upon a showing of an inconsistency of at least
8

20%, but no less than $10 per month, between the amount
9

of the existing order and the amount of child support
10

that results from application of the guidelines
11

specified in Section 505 of this Act unless the
12

inconsistency is due to the fact that the amount of the
13

existing order resulted from a deviation from the
14

guideline amount and there has not been a change in the
15

circumstances that resulted in that deviation; or
16

(B) upon a showing of a need to provide for the
17

health care needs of the child under the order through
18

health insurance or other means.
19

(3) upon a showing that a parent will be incarcerated
20

for more than 180 consecutive days or released from
21

incarceration lasting more than 180 consecutive days. A
22

parent incarcerated for more than 180 days is presumed to
23

be unable to pay any amount of child support, and this
24

presumption may be rebutted by evidence establishing the
25

ability to pay child support during incarceration. A
26

parent released from incarceration after more than 180

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LRB104 20266 JRC 33717 b
1

days is presumed to be able to pay the amount set forth in
2

paragraph (3.3a) of subsection (a) of Section 505,
3

following the expiration of 90 days after the date the
4

parent is released from incarceration. This Section does
5

not preclude any party, including the Department of
6

Healthcare and Family Services, from seeking a
7

modification of the child support obligation based upon
8

the ability to pay child support during or after
9

incarceration or for other reasons allowable by law.
10

(A) "Incarceration," for the purposes of this
11

Section, means confinement of a parent on a full-time
12

basis in a place of detention, including home
13

detention or a municipal, county, state, or federal
14

prison, jail, or detention. It does not include a
15

parent on parole, work release, or any other detention
16

alternative program that allows the parent to be
17

employed or otherwise earn money.
18

(B) "Effective date," for purposes of this
19

Section, means the date that a notice of incarceration
20

is filed with the circuit court clerk and mailed to the
21

parties under Illinois Supreme Court Rule 11.
22

(C) If a parent will be incarcerated for more than
23

180 consecutive days, the parent's child support
24

obligation shall be modified to $0.00 by operation of
25

law if:
26

(i) the Department of Healthcare and Family

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1

Services, or any other party, files with the
2

circuit court clerk a notice of incarceration and
3

provides notice under the Illinois Code of Civil
4

Procedure to all parties; and
5

(ii) no written objection is filed with the
6

circuit court clerk, with notice provided to all
7

parties, within 45 days of the effective date of
8

the notice of incarceration.
9

(D) A notice of incarceration must provide the
10

following information:
11

(i) the name and address of the facility where
12

the parent is incarcerated; and
13

(ii) the parent's inmate number; and
14

(iii) the beginning and projected end dates of
15

incarceration, if known, or, if unknown, the
16

reason a date cannot be provided; and
17

(iv) That failure to file a written objection
18

within 45 days of the effective date, with notice
19

to all parties under Illinois Supreme Court Rule
20

11, shall result in the child support obligation
21

being reduced to $0.00 as of the effective date of
22

the notice of incarceration.
23

(E) A child support order reduced to $0.00 under
24

this Section shall be modified by operation of law to
25

the amount set forth in paragraph (3.3a) of subsection
26

(a) of Section 505 following the expiration of 90 days

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1

after the date the parent is released from
2

incarceration. This Section does not preclude any
3

party including the Department of Healthcare and
4

Family Services from seeking a modification of the
5

child support obligation based upon the ability to pay
6

child support during or after incarceration or for
7

other reasons allowable by statute.
8

(F) The notice of incarceration shall be filed in
9

the jurisdiction in which any pending child support,
10

divorce, or paternity action between the parties
11

exists.
12

(G) If any party files a timely objection to the
13

notice of incarceration, the court shall set the
14

matter for hearing as soon as practicable and send
15

notice of the hearing date to all parties including
16

HFS. The presumption that the parent is unable to pay
17

any amount of support may be rebutted by a
18

preponderance of the evidence at the hearing by
19

showing:
20

(i) the parent has substantial income or
21

assets that can be used to satisfy the child
22

support obligation during incarceration; or
23

(ii) the parent is not, or will not be,
24

incarcerated for more than 180 consecutive days.
25

If the presumption is rebutted, the court shall
26

make written findings as to the factual basis or

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bases for the rebuttal.
2

(H) If any party fails to file a timely objection,
3

or if a hearing is held and the Court determines that
4

the presumption has not been rebutted, the support
5

obligation shall be modified to $0.00 as of the
6

effective date of the notice of incarceration.
7

(I) An order that modifies a support obligation to
8

$0.00 because of the parent's incarceration shall
9

provide that support will be modified by operation of
10

law at the amount set forth in subsection 3.3(a) of
11

Section 505, on the first day of the month following
12

the expiration of 90 days after the date the parent is
13

projected to be released from incarceration. The order
14

shall include the specific calendar date upon which
15

the first day of the month following the expiration of
16

90 days falls. The order shall further provide that if
17

the parent is released before or after the projected
18

release or parole date, support shall be reinstated at
19

the amount set forth in paragraph (3.3a) of subsection
20

(a) of Section 505 on the first day of the month
21

following the expiration of 90 days after the parent's
22

actual release date. The order shall further provide
23

that this Section does not preclude any party,
24

including the Department of Healthcare and Family
25

Services, from seeking a modification of the child
26

support obligation based upon the ability to pay child

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support during or after incarceration or for other
2

reasons allowable by statute.

3

The provisions of subparagraph (a)(2)(A) shall apply only
4
in cases in which a party is receiving child support
5
enforcement services from the Department of Healthcare and
6
Family Services under Article X of the Illinois Public Aid
7
Code, and only when at least 36 months have elapsed since the
8
order for child support was entered or last modified.
9

The court may grant a petition for modification that seeks
10
to apply the changes made to subsection (a) of Section 505 by
11
subsequent
Public
Acts

Act

99-764 to an order entered before
12
the effective date of Public Act 99-764
only upon a finding of
13
a substantial change in circumstances that warrants
14
application of the changes. The enactment of
a subsequent

15
Public Act
99-764
itself does not constitute a substantial
16
change in circumstances warranting a modification
, unless
17
otherwise expressly provided in that Public Act
.
18

(a-5) An order for maintenance may be modified or
19
terminated only upon a showing of a substantial change in
20
circumstances. Contemplation or foreseeability of future
21
events shall not be considered as a factor or used as a defense
22
in determining whether a substantial change in circumstances
23
is shown, unless the future event is expressly specified in
24
the court's order or the agreement of the parties incorporated
25
into a court order. The parties may expressly specify in the
26
agreement incorporated into a court order or the court may

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1
expressly specify in the order that the occurrence of a
2
specific future event is contemplated and will not constitute
3
a substantial change in circumstances to warrant modification
4
of the order. The court may grant a petition for modification
5
that seeks to apply the changes made to Section 504 by this
6
amendatory Act of the 100th General Assembly to an order
7
entered before the effective date of this amendatory Act of
8
the 100th General Assembly only upon a finding of a
9
substantial change in circumstances that warrants application
10
of the changes. The enactment of this amendatory Act of the
11
100th General Assembly itself does not constitute a
12
substantial change in circumstances warranting a modification.
13
In all such proceedings, as well as in proceedings in which
14
maintenance is being reviewed, the court shall consider the
15
applicable factors set forth in subsection (a) of Section 504
16
and the following factors:
17

(1) any change in the employment status of either
18

party and whether the change has been made in good faith;
19

(2) the efforts, if any, made by the party receiving
20

maintenance to become self-supporting, and the
21

reasonableness of the efforts where they are appropriate;
22

(3) any impairment of the present and future earning
23

capacity of either party;
24

(4) the tax consequences of the maintenance payments
25

upon the respective economic circumstances of the parties;
26

(5) the duration of the maintenance payments

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1

previously paid (and remaining to be paid) relative to the
2

length of the marriage;
3

(6) the property, including retirement benefits,
4

awarded to each party under the judgment of dissolution of
5

marriage, judgment of legal separation, or judgment of
6

declaration of invalidity of marriage and the present
7

status of the property;
8

(7) the increase or decrease in each party's income
9

since the prior judgment or order from which a review,
10

modification, or termination is being sought;
11

(8) the property acquired and currently owned by each
12

party after the entry of the judgment of dissolution of
13

marriage, judgment of legal separation, or judgment of
14

declaration of invalidity of marriage; and
15

(9) any other factor that the court expressly finds to
16

be just and equitable.
17

(a-6) (Blank).
18

(b) The provisions as to property disposition may not be
19
revoked or modified, unless the court finds the existence of
20
conditions that justify the reopening of a judgment under the
21
laws of this State.
22

(c) Unless otherwise agreed by the parties in a written
23
agreement set forth in the judgment or otherwise approved by
24
the court, the obligation to pay future maintenance is
25
terminated upon the death of either party, or the remarriage
26
of the party receiving maintenance, or if the party receiving

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1
maintenance cohabits with another person on a resident,
2
continuing conjugal basis. An obligor's obligation to pay
3
maintenance or unallocated maintenance terminates by operation
4
of law on the date the obligee remarries or the date the court
5
finds cohabitation began. The obligor is entitled to
6
reimbursement for all maintenance paid from that date forward.
7
Any termination of an obligation for maintenance as a result
8
of the death of the obligor, however, shall be inapplicable to
9
any right of the other party or such other party's designee to
10
receive a death benefit under such insurance on the obligor's
11
life. An obligee must advise the obligor of his or her
12
intention to marry at least 30 days before the remarriage,
13
unless the decision is made within this time period. In that
14
event, he or she must notify the obligor within 72 hours of
15
getting married.
16

(c-5) In an adjudicated case, the court shall make
17
specific factual findings as to the reason for the
18
modification as well as the amount, nature, and duration of
19
the modified maintenance award.
20

(d) Unless otherwise provided in this Act, or as agreed in
21
writing or expressly provided in the judgment, provisions for
22
the support of a child are terminated by emancipation of the
23
child, or if the child has attained the age of 18 and is still
24
attending high school, provisions for the support of the child
25
are terminated upon the date that the child graduates from
26
high school or the date the child attains the age of 19,

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1
whichever is earlier, but not by the death of a parent
2
obligated to support or educate the child. An existing
3
obligation to pay for support or educational expenses, or
4
both, is not terminated by the death of a parent. When a parent
5
obligated to pay support or educational expenses, or both,
6
dies, the amount of support or educational expenses, or both,
7
may be enforced, modified, revoked or commuted to a lump sum
8
payment, as equity may require, and that determination may be
9
provided for at the time of the dissolution of the marriage or
10
thereafter.
11

(e) The right to petition for support or educational
12
expenses, or both, under Sections 505, 513, and 513.5 is not
13
extinguished by the death of a parent. Upon a petition filed
14
before or after a parent's death, the court may award sums of
15
money out of the decedent's estate for the child's support or
16
educational expenses, or both, as equity may require. The time
17
within which a claim may be filed against the estate of a
18
decedent under Sections 505 and 513 and subsection (d) and
19
this subsection shall be governed by the provisions of the
20
Probate Act of 1975, as a barrable, noncontingent claim.
21

(f) A petition to modify or terminate child support or the
22
allocation of parental responsibilities, including parenting
23
time, shall not delay any child support enforcement litigation
24
or supplementary proceeding on behalf of the obligee,
25
including, but not limited to, a petition for a rule to show
26
cause, for non-wage garnishment, or for a restraining order.

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1
(Source: P.A. 102-541, eff. 8-20-21; 102-823, eff. 5-13-22.)

2

Section 99.
Effective date.
This Act takes effect January
3
1, 2027.

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