SB 3524

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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,
3represented in the General Assembly:
4    Section 5. The Illinois Marriage and Dissolution of
5Marriage Act is amended by changing Sections 505 and 510 as
6follows:
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
10separation, declaration of invalidity of marriage, or
11dissolution of a civil union, a proceeding for child support
12following a legal separation or dissolution of the marriage or
13civil union by a court that lacked personal jurisdiction over
14the absent spouse, a proceeding for modification of a previous
15order for child support under Section 510 of this Act, or any
16proceeding authorized under Section 501 or 601 of this Act,
17the court may order either or both parents owing a duty of
18support to a child of the marriage or civil union to pay an
19amount reasonable and necessary for support. The duty of
20support owed to a child includes the obligation to provide for
21the reasonable and necessary physical, mental and emotional
22health needs of the child. For purposes of this Section, the
23term "child" shall include any child under age 18 and any child
		SB3524 Enrolled	- 2 -	LRB104 20266 JRC 33717 b
1over the age of 18 who has not attained age 19 and is still
2attending high school. For purposes of this Section, the term
3"obligor" means the parent obligated to pay support to the
4other 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	- 5 -	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	- 6 -	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	- 7 -	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	- 8 -	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	- 9 -	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	- 10 -	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	- 11 -	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	- 12 -	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	- 14 -	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	- 15 -	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	- 16 -	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	- 17 -	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	- 18 -	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.
9Number of Overnights	Percentage
10110-114	10%
11115-119	9%
12120-124	8%
13125-129	7%
14130-134	6%
15135-139	4%
16140-145	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	- 19 -	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
		SB3524 Enrolled	- 20 -	LRB104 20266 JRC 33717 b
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
		SB3524 Enrolled	- 21 -	LRB104 20266 JRC 33717 b
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.
		SB3524 Enrolled	- 22 -	LRB104 20266 JRC 33717 b
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
		SB3524 Enrolled	- 23 -	LRB104 20266 JRC 33717 b
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.
		SB3524 Enrolled	- 24 -	LRB104 20266 JRC 33717 b
1            (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
		SB3524 Enrolled	- 25 -	LRB104 20266 JRC 33717 b
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
16of the court, a child support obligation pursuant to this
17Section and Sections 510, 513, and 513.5 of this Act may be
18secured, in whole or in part, by reasonably affordable life
19insurance on the life of one or both parents on such terms as
20the parties agree or as the court orders. The court may require
21such insurance remain in full force and effect until the
22termination of all obligations of support, subject to the
23following:
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
		SB3524 Enrolled	- 26 -	LRB104 20266 JRC 33717 b
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
		SB3524 Enrolled	- 27 -	LRB104 20266 JRC 33717 b
1based on the obligor's failure to make support payments as
2required by the order, notice of proceedings to hold the
3obligor in contempt for that failure may be served on the
4obligor by personal service or by regular mail addressed to
5the last known address of the obligor. The last known address
6of the obligor may be determined from records of the clerk of
7the court, from the Federal Case Registry of Child Support
8Orders, or by any other reasonable means.
9    (b) Failure of either parent to comply with an order to pay
10support shall be punishable as in other cases of contempt. In
11addition to other penalties provided by law the court may,
12after finding the parent guilty of contempt, order that the
13parent 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
24of a parent during a sentence of periodic imprisonment paid to
25the Clerk of the Circuit Court or to the parent having physical
26possession of the child or to the non-parent custodian having
		SB3524 Enrolled	- 28 -	LRB104 20266 JRC 33717 b
1custody of the child of the sentenced parent for the support of
2the child until further order of the court.
3    If a parent who is found guilty of contempt for failure to
4comply with an order to pay support is a person who conducts a
5business or who is self-employed, the court in addition to
6other penalties provided by law may order that the parent do
7one or more of the following: (i) provide to the court monthly
8financial statements showing income and expenses from the
9business or the self-employment; (ii) seek employment and
10report periodically to the court with a diary, listing, or
11other memorandum of his or her employment search efforts; or
12(iii) report to the Department of Employment Security for job
13search services to find employment that will be subject to
14withholding for child support.
15    If there is a unity of interest and ownership sufficient
16to render no financial separation between an obligor and
17another person or persons or business entity, the court may
18pierce the ownership veil of the person, persons, or business
19entity to discover assets of the obligor held in the name of
20that person, those persons, or that business entity. The
21following circumstances are sufficient to authorize a court to
22order discovery of the assets of a person, persons, or
23business entity and to compel the application of any
24discovered assets toward payment on the judgment for support:
25        (1) the obligor and the person, persons, or business
26    entity maintain records together.
		SB3524 Enrolled	- 29 -	LRB104 20266 JRC 33717 b
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
8entered under this paragraph shall affect the rights of bona
9fide purchasers, mortgagees, judgment creditors, or other lien
10holders who acquire their interests in the property prior to
11the time a notice of lis pendens pursuant to the Code of Civil
12Procedure or a copy of the order is placed of record in the
13office of the recorder of deeds for the county in which the
14real property is located.
15    The court may also order in cases where the parent is 90
16days or more delinquent in payment of support or has been
17adjudicated in arrears in an amount equal to 90 days
18obligation or more, that the parent's Illinois driving
19privileges be suspended until the court determines that the
20parent is in compliance with the order of support. The court
21may also order that the parent be issued a family financial
22responsibility driving permit that would allow limited driving
23privileges for employment and medical purposes in accordance
24with Section 7-702.1 of the Illinois Vehicle Code. The Clerk
25of the Circuit Court shall certify the order suspending the
26driving privileges of the parent or granting the issuance of a
		SB3524 Enrolled	- 30 -	LRB104 20266 JRC 33717 b
1family financial responsibility driving permit to the
2Secretary of State on forms prescribed by the Secretary of
3State. Upon receipt of the authenticated documents, the
4Secretary of State shall suspend the parent's driving
5privileges until further order of the court and shall, if
6ordered by the court, subject to the provisions of Section
77-702.1 of the Illinois Vehicle Code, issue a family financial
8responsibility driving permit to the parent.
9    In addition to the penalties or punishment that may be
10imposed under this Section, any person whose conduct
11constitutes a violation of Section 15 of the Non-Support
12Punishment Act may be prosecuted under that Act, and a person
13convicted under that Act may be sentenced in accordance with
14that Act. The sentence may include but need not be limited to a
15requirement that the person perform community service under
16Section 50 of that Act or participate in a work alternative
17program under Section 50 of that Act. A person may not be
18required to participate in a work alternative program under
19Section 50 of that Act if the person is currently
20participating in a work program pursuant to Section 505.1 of
21this Act.
22    A support obligation, or any portion of a support
23obligation, which becomes due and remains unpaid as of the end
24of each month, excluding the child support that was due for
25that month to the extent that it was not paid in that month,
26shall accrue simple interest as set forth in Section 12-109 of
		SB3524 Enrolled	- 31 -	LRB104 20266 JRC 33717 b
1the Code of Civil Procedure. An order for support entered or
2modified on or after January 1, 2006 shall contain a statement
3that a support obligation required under the order, or any
4portion of a support obligation required under the order, that
5becomes due and remains unpaid as of the end of each month,
6excluding the child support that was due for that month to the
7extent that it was not paid in that month, shall accrue simple
8interest as set forth in Section 12-109 of the Code of Civil
9Procedure. Failure to include the statement in the order for
10support does not affect the validity of the order or the
11accrual of interest as provided in this Section.
12    (c) A one-time charge of 20% is imposable upon the amount
13of past-due child support owed on July 1, 1988 which has
14accrued under a support order entered by the court. The charge
15shall be imposed in accordance with the provisions of Section
1610-21 of the Illinois Public Aid Code and shall be enforced by
17the court upon petition.
18    (d) Any new or existing support order entered by the court
19under this Section shall be deemed to be a series of judgments
20against the person obligated to pay support thereunder, each
21such judgment to be in the amount of each payment or
22installment of support and each such judgment to be deemed
23entered as of the date the corresponding payment or
24installment becomes due under the terms of the support order.
25Each such judgment shall have the full force, effect and
26attributes of any other judgment of this State, including the
		SB3524 Enrolled	- 32 -	LRB104 20266 JRC 33717 b
1ability to be enforced. Notwithstanding any other State or
2local law to the contrary, a lien arises by operation of law
3against the real and personal property of the obligor for each
4installment of overdue support owed by the obligor.
5    (e) When child support is to be paid through the Clerk of
6the Court in a county of 500,000 inhabitants or less, the order
7shall direct the obligor to pay to the Clerk, in addition to
8the child support payments, all fees imposed by the county
9board under paragraph (2) of subsection (j-5) of Section 27.1b
10of the Clerks of Courts Act. When child support is to be paid
11through the clerk of the court in a county of more than 500,000
12but less than 3,000,000 inhabitants, the order shall direct
13the obligor to pay to the clerk, in addition to the child
14support payments, all fees imposed by the county board under
15paragraph (4) of subsection (bb) of Section 27.2 of the Clerks
16of Courts Act. Unless paid pursuant to an Income Withholding
17Order/Notice for Support, the payment of the fee shall be by
18payment acceptable to the clerk and shall be made to the order
19of the Clerk.
20    (f) All orders for support, when entered or modified,
21shall include a provision requiring the obligor to notify the
22court and, in cases in which a party is receiving child and
23spouse services under Article X of the Illinois Public Aid
24Code, the Department of Healthcare and Family Services, within
257 days, (i) of the name and address of any new employer of the
26obligor, (ii) whether the obligor has access to health
		SB3524 Enrolled	- 33 -	LRB104 20266 JRC 33717 b
1insurance coverage through the employer or other group
2coverage and, if so, the policy name and number and the names
3of persons covered under the policy, except only the initials
4of any covered minors shall be included, and (iii) of any new
5residential or mailing address or telephone number of the
6obligor. In any subsequent action to enforce a support order,
7upon a sufficient showing that a diligent effort has been made
8to ascertain the location of the obligor, service of process
9or provision of notice necessary in the case may be made at the
10last known address of the obligor in any manner expressly
11provided by the Code of Civil Procedure or this Act, which
12service shall be sufficient for purposes of due process.
13    (g) An order for support shall include a date on which the
14current support obligation terminates. The termination date
15shall be no earlier than the date on which the child covered by
16the order will attain the age of 18. However, if the child will
17not graduate from high school until after attaining the age of
1818, then the termination date shall be no earlier than the
19earlier of the date on which the child's high school
20graduation will occur or the date on which the child will
21attain the age of 19. The order for support shall state that
22the termination date does not apply to any arrearage that may
23remain unpaid on that date. Nothing in this subsection shall
24be construed to prevent the court from modifying the order or
25terminating the order in the event the child is otherwise
26emancipated.
		SB3524 Enrolled	- 34 -	LRB104 20266 JRC 33717 b
1    (g-5) If there is an unpaid arrearage or delinquency (as
2those terms are defined in the Income Withholding for Support
3Act) equal to at least one month's support obligation on the
4termination date stated in the order for support or, if there
5is no termination date stated in the order, on the date the
6child attains the age of majority or is otherwise emancipated,
7the periodic amount required to be paid for current support of
8that child immediately prior to that date shall automatically
9continue to be an obligation, not as current support but as
10periodic payment toward satisfaction of the unpaid arrearage
11or delinquency. That periodic payment shall be in addition to
12any periodic payment previously required for satisfaction of
13the arrearage or delinquency. The total periodic amount to be
14paid toward satisfaction of the arrearage or delinquency may
15be enforced and collected by any method provided by law for
16enforcement and collection of child support, including but not
17limited to income withholding under the Income Withholding for
18Support Act. Each order for support entered or modified on or
19after January 1, 2005 (the effective date of Public Act
2093-1061) must contain a statement notifying the parties of the
21requirements of this subsection. Failure to include the
22statement in the order for support does not affect the
23validity of the order or the operation of the provisions of
24this subsection with regard to the order. This subsection
25shall not be construed to prevent or affect the establishment
26or modification of an order for support of a minor child or the
		SB3524 Enrolled	- 35 -	LRB104 20266 JRC 33717 b
1establishment or modification of an order for support of a
2non-minor child or educational expenses under Section 513 of
3this Act.
4    (h) An order entered under this Section shall include a
5provision requiring both parents to exchange information 
6annually, and either parent to report to the other parent and
7to the Clerk of Court within 10 days each time either parent
8obtains new employment, and each time either parent's
9employment is terminated for any reason. The information 
10exchanged or reported [report] shall be in writing and shall
11verify the parent's net income as defined in this Section. In [, ]
12[in] the case of new employment, the information shall include
13the name and address of the new employer. Failure to report new
14employment or the termination of current employment, if
15coupled with nonpayment of support for a period in excess of 60
16days, is indirect criminal contempt. For either parent
17arrested for failure to report new employment bond shall be
18set in the amount of the child support that should have been
19paid during the period of unreported employment. An order
20entered under this Section shall also include a provision
21requiring either obligor and obligee to advise the other of a
22change in residence within 5 days of the change except when the
23court finds that the physical, mental, or emotional health of
24a party or that of a child, or both, would be seriously
25endangered by disclosure of the party's address.
26    (i) The court does not lose the powers of contempt,
		SB3524 Enrolled	- 36 -	LRB104 20266 JRC 33717 b
1driver's license suspension, or other child support
2enforcement mechanisms, including, but not limited to,
3criminal prosecution as set forth in this Act, upon the
4emancipation 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
8maintenance, support, educational expenses, and property
9disposition.
10    (a) Except as otherwise provided in paragraph (f) of
11Section 502 and in subsection (b), clause (3) of Section
12505.2, the provisions of any judgment respecting maintenance
13or support may be modified only as to installments accruing
14subsequent to due notice by the moving party of the filing of
15the motion for modification. An order for child support may be
16modified 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
		SB3524 Enrolled	- 37 -	LRB104 20266 JRC 33717 b
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 
		SB3524 Enrolled	- 38 -	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 
		SB3524 Enrolled	- 39 -	LRB104 20266 JRC 33717 b
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 
		SB3524 Enrolled	- 40 -	LRB104 20266 JRC 33717 b
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 
		SB3524 Enrolled	- 41 -	LRB104 20266 JRC 33717 b
1            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 
		SB3524 Enrolled	- 42 -	LRB104 20266 JRC 33717 b
1        support during or after incarceration or for other 
2        reasons allowable by statute.
3    The provisions of subparagraph (a)(2)(A) shall apply only
4in cases in which a party is receiving child support
5enforcement services from the Department of Healthcare and
6Family Services under Article X of the Illinois Public Aid
7Code, and only when at least 36 months have elapsed since the
8order for child support was entered or last modified.
9    The court may grant a petition for modification that seeks
10to apply the changes made to subsection (a) of Section 505 by
11subsequent Public Acts [Act] [99-764 to an order entered before ]
12[the effective date of Public Act 99-764] only upon a finding of
13a substantial change in circumstances that warrants
14application of the changes. The enactment of a subsequent
15Public Act [99-764] itself does not constitute a substantial
16change in circumstances warranting a modification, unless 
17otherwise expressly provided in that Public Act.
18    (a-5) An order for maintenance may be modified or
19terminated only upon a showing of a substantial change in
20circumstances. Contemplation or foreseeability of future
21events shall not be considered as a factor or used as a defense
22in determining whether a substantial change in circumstances
23is shown, unless the future event is expressly specified in
24the court's order or the agreement of the parties incorporated
25into a court order. The parties may expressly specify in the
26agreement incorporated into a court order or the court may
		SB3524 Enrolled	- 43 -	LRB104 20266 JRC 33717 b
1expressly specify in the order that the occurrence of a
2specific future event is contemplated and will not constitute
3a substantial change in circumstances to warrant modification
4of the order. The court may grant a petition for modification
5that seeks to apply the changes made to Section 504 by this
6amendatory Act of the 100th General Assembly to an order
7entered before the effective date of this amendatory Act of
8the 100th General Assembly only upon a finding of a
9substantial change in circumstances that warrants application
10of the changes. The enactment of this amendatory Act of the
11100th General Assembly itself does not constitute a
12substantial change in circumstances warranting a modification.
13In all such proceedings, as well as in proceedings in which
14maintenance is being reviewed, the court shall consider the
15applicable factors set forth in subsection (a) of Section 504
16and 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
		SB3524 Enrolled	- 44 -	LRB104 20266 JRC 33717 b
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
19revoked or modified, unless the court finds the existence of
20conditions that justify the reopening of a judgment under the
21laws of this State.
22    (c) Unless otherwise agreed by the parties in a written
23agreement set forth in the judgment or otherwise approved by
24the court, the obligation to pay future maintenance is
25terminated upon the death of either party, or the remarriage
26of the party receiving maintenance, or if the party receiving
		SB3524 Enrolled	- 45 -	LRB104 20266 JRC 33717 b
1maintenance cohabits with another person on a resident,
2continuing conjugal basis. An obligor's obligation to pay
3maintenance or unallocated maintenance terminates by operation
4of law on the date the obligee remarries or the date the court
5finds cohabitation began. The obligor is entitled to
6reimbursement for all maintenance paid from that date forward.
7Any termination of an obligation for maintenance as a result
8of the death of the obligor, however, shall be inapplicable to
9any right of the other party or such other party's designee to
10receive a death benefit under such insurance on the obligor's
11life. An obligee must advise the obligor of his or her
12intention to marry at least 30 days before the remarriage,
13unless the decision is made within this time period. In that
14event, he or she must notify the obligor within 72 hours of
15getting married.
16    (c-5) In an adjudicated case, the court shall make
17specific factual findings as to the reason for the
18modification as well as the amount, nature, and duration of
19the modified maintenance award.
20    (d) Unless otherwise provided in this Act, or as agreed in
21writing or expressly provided in the judgment, provisions for
22the support of a child are terminated by emancipation of the
23child, or if the child has attained the age of 18 and is still
24attending high school, provisions for the support of the child
25are terminated upon the date that the child graduates from
26high school or the date the child attains the age of 19,
		SB3524 Enrolled	- 46 -	LRB104 20266 JRC 33717 b
1whichever is earlier, but not by the death of a parent
2obligated to support or educate the child. An existing
3obligation to pay for support or educational expenses, or
4both, is not terminated by the death of a parent. When a parent
5obligated to pay support or educational expenses, or both,
6dies, the amount of support or educational expenses, or both,
7may be enforced, modified, revoked or commuted to a lump sum
8payment, as equity may require, and that determination may be
9provided for at the time of the dissolution of the marriage or
10thereafter.
11    (e) The right to petition for support or educational
12expenses, or both, under Sections 505, 513, and 513.5 is not
13extinguished by the death of a parent. Upon a petition filed
14before or after a parent's death, the court may award sums of
15money out of the decedent's estate for the child's support or
16educational expenses, or both, as equity may require. The time
17within which a claim may be filed against the estate of a
18decedent under Sections 505 and 513 and subsection (d) and
19this subsection shall be governed by the provisions of the
20Probate Act of 1975, as a barrable, noncontingent claim.
21    (f) A petition to modify or terminate child support or the
22allocation of parental responsibilities, including parenting
23time, shall not delay any child support enforcement litigation
24or supplementary proceeding on behalf of the obligee,
25including, but not limited to, a petition for a rule to show
26cause, for non-wage garnishment, or for a restraining order.
		SB3524 Enrolled	- 47 -	LRB104 20266 JRC 33717 b
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
31, 2027.